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HomeMy WebLinkAbout2015-0915 Council Agenda PACKET CITY OF ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time permitting, the Presiding Officer may allow oral testimony. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 15, 2015 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Study Session of August 31, 2015 2. Executive Session of August 31, 2015 2. Business Meeting of September 1, 2015 VI. SPECIAL PRESENTATIONS & AWARDS 1. Annual presentation by the Airport Commission 2. Seismic preparedness presentation by Dr. Althea Rizzo VII. 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] VIII. CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Appointment of ad hoc Committee on the Ashland City Recorder position 3. Appointment of Thomas Gunderson to the Housing and Human Services Commission 4. Appointment of Stuart Green to the Climate and Energy Action Plan ad hoc COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON CHARTER CABLE CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US Committee 5. Liquor license application for Neil Clooney dba Smithfields Pub & Pies 6. Request to Jackson County for transfer of remnant parcels to the City of Ashland 7. Award of contract to Good Company for a greenhouse gas inventory IX. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form prior to the commencement of the public hearing. Public hearings shall conclude at 9:00 p.m. and be continued to a future date to be set by the Council, unless the Council, by a two-thirds vote of those present, extends the hearing(s) until up to 10:30 p.m. at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda.) 1. Continuation of the public hearing and first reading of ordinances titled, "An ordinance amending the City of Ashland Comprehensive Plan to add a Normal Neighborhood plan designation to Chapter II [Introduction and Definitions], add the Normal Neighborhood land categories to Chapter IV [Housing Element], change the Comprehensive Plan map designation for approximately 94 acres of land within the City of Ashland urban growth boundary from single family residential and suburban residential to the Normal Neighborhood plan designation, and adopt the Normal Neighborhood Plan Framework as a supporting document to the City of Ashland Comprehensive Plan" and "An ordinance amending the Street Dedication map, Planned Intersection and Roadway Improvement map, and the Planned Bikeway Network map of the Ashland Transportation System plan for the Normal Neighborhood plan area and amending street design standards within the Ashland Municipal Code Chapter 18.4.6 to add a new shared street classification" and "An ordinance amending the Ashland Municipal Code creating a new Chapter 18.3.4 Normal Neighborhood District, amending Chapter 18.2.1.020 to add a Normal Neighborhood zoning classification, and amending Chapter 18.2.1.040 to add a Normal Neighborhood Special District." X. UNFINISHED BUSINESS None XI. NEW AND MISCELLANEOUS BUSINESS None XII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. First reading by title only of an ordinance titled, "An ordinance amending the "owner" definitions to AMC Chapters 1.04 General Provisions, 9.04 Weed Abatement and 9.08 Nuisances" 2. First reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 9.16, to require dog licensing and declare certain dog behaviors to be public nuisances" 3. First Reading by title only of an ordinance titled "An Ordinance Amending COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON CHARTER CABLE CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US AMC Chapter 10.120.010 To Add Bill Patton Garden to Existing Enhanced Law Enforcement Area" 4. First reading by title only of an ordinance titled, "An ordinance amending Chapter 10.120.020 to add offenses as possible elements of the crime of persistent violation" XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT OF BUSINESS MEETING 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, OR ON CHARTER CABLE CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT W WW.ASHLAND.OR.US City Council Study Session August 31, 2015 Page I of 3 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, August 31, 2015 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:30 p.m. in the Siskiyou Room. Councilor Rosenthal, Voisin, Marsh, Morris, Lemhouse, and Seffinger were present. 1. Public Input Huelz Gutcheon/2253 Hwy 99/China had twice as much greenhouse gas emissions than the United States. However, the United States had more per capita. The president wanted greenhouse gas emissions reduced 20% by 2030. He recommended watching President Obama's talk at the Natural Clean Energy Summit on YouTube. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 3. Discussion of City Recorder charter amendment City Administrator Dave Kanner explained Council needed to review the information on changing the City Recorder position from elected to appointed and decide next steps if any. Alternately, some of the content in the City Charter was outdated and required updating. Councilor Marsh addressed the Charter Commission that previously reviewed potential changes to the Charter and explained the commission never put a vote to the public. The City Recorder did not support changing the position to appointed at that time and the Commission did move forward knowing that information. City Recorder Barbra Christensen explained it was an honor to serve the community as the elected City Recorder and Treasurer. She respectfully disagreed with the comments and opinion presented by the City Administrator but understood his reasons. She provided examples that showed her office was its own department and worked intricately with all City departments as well as banking and treasury management services. Independent judgement was important in the office and being able to make decisions based on law or information she had was part of the position. She understood the concerns and issues on having the position appointed or elected. She had full confidence in the community. They were aware of who they elected into office. There was never an elected City Recorder unable to fulfill the duties of this office. Charter provisions allowed the Council to remove a Recorder not able to perform the duties. The position and duties had evolved over the past twenty years. She was willing to discuss retaining some of the duties but reluctant to change the position from elected to appointed. It was important to have the advantage of a full time elected official at City Hall, to be impartial and autonomous. It was a perceived sense of security for the citizens and an honored historical part of the history. Having an elected city recorder was not normal in Oregon but was in other states throughout the country. If there were cons, they should figure out a way to resolve them. She wanted the office better utilized and to be part of the team like any other department. Since the Recorder's office was intricately involved with other departments, receiving updates on future projects would be helpful. Ms. Christensen attended Department Head meetings in the past but had not for several years. City Council Study Session August 31, 2015 Page 2 of 3 The City Charter defined Recorder responsibilities while City Treasurer duties were written in the Charter regarding bonds and in the Ashland Municipal Code (AMC). Currently, banking was electronic, complicated, and had evolved almost into its own entity. Ms. Christensen used an incident with a former City Administrator who did not follow contract rules as an example where an elected Recorder position was beneficial. A series of records requests through her office unveiled misconduct issuing contracts by the City Administrator at that time. Council asked what Ms. Christensen thought about having the Recorder position appointed by the Mayor and Council. Ms. Christensen supported that slightly more than appointment by the City Administrator. The community ultimately made the decision. She thought whatever was decided had to have full support of the Council. City Attorney Dave Lohman thought it might be possible to establish minimum qualifications for an elected position. Council comment observed the Recorder position had been elected for over one hundred years without issue. Response noted the position was salaried, had evolved over time, and required qualifying skills. Council discussed forming a subcommittee to determine whether the position should be appointed or remain elected and possibly shifting duties to other departments. If a change went to the voters, it should go on a special election versus a primary, possibly with the school board election May 2017. Some Councilors did not support making the position appointed but were interested in possibly separating duties through an ordinance. Mr. Lohman addressed establishing qualifications through an ordinance and clarified the Charter could not be overridden by an ordinance. Council majority supported forming a subcommittee to review appointing the Recorder's position or keeping it elected and reviewing current duties. The subcommittee would also clean up areas in the Charter that required updating. Ms. Christensen would be a part of the subcommittee with the Mayor, one councilor, and citizens. The Mayor and Council discussed a subcommittee versus an ad hoc committee and decided on an ad hoc committee. Ms. Christensen suggested the City Administrator be part of the ad hoc committee as well. 4. Ashland Fire & Rescue operational and staffing information Mayor Stromberg explained this was part two of the discussion begun at the August 3, 2015 Study Session regarding Ashland Fire & Rescue (AF&R). There was a core conflict between fire and emergency services and medical transport. Part 2 of the discussion encompassed options to resolve staffing through possibly adjusting, consolidating, or eliminating functions. Fire Chief John Karns explained the primary issue was not having enough staff to respond appropriately to the call load. For second or third alarm fires, AF&R used resources from Fire District 3 and Fire District 5. However, call load and staffing issues occurred daily. There were three ways to address staffing and the increased call load. One was hire more personnel for line duty. The second was reduce the call load. The third was researching the possibility of replacing the municipal department with a special district concept where Fire District 5 absorbed AF&R or created a new special district with Fire District 5. Funding for a Special District used taxes between the district and the taxpayer. The municipal property tax would decrease and the net funding would be greater. City Administrator Dave Kanner clarified the district would have a maximum tax rate set by the ballot measure that created the district. The City had no way of reducing Ashland's permanent tax rate. Any reduction in taxes the City collected would be voluntary and an annual or biennial budget decision. Chief Karns further clarified a special district would help find the department and provide the resource level needed. City Council Study Session August 31, 2015 Page 3 of 3 Battalion Chief David Shepherd explained AF&R and Fire District 5 requested support for one another weekly. Mr. Kanner clarified only taxpayers in Fire District 5 pay Fire District 5 taxes. County taxes did not pay for the district. Ambulance service was not a tax-based system. It was a fee for service system. Refusing the non-emergent transport would result in lost revenue. Mercy Flights might be interested in taking over that call load but would not reimburse AF&R. Mercy Flights had similar resource challenges as well. Chief Karns thought going to an 8-10 staffing level would keep initial costs down and provided a benefit of having ten people on duty during certain times. It was not a resolution but a reasonable starting point until the department was at a 9-10 staffing level. Currently AF&R was at 8-9 staffing level. Due to vacation time, AF&R allowed two employees off on any given day leaving a staff of seven. The department paid an employee overtime to maintain an eight person staffing level. The 8-10 staffing level would allow two people off without incurring overtime. An 8-10 staffing level meant hiring three firefighters, one for each shift and would eliminate 5,300 hours paid in overtime that totaled $317,000. Salary and benefits for an entry-level firefighter was $109,000 with a step increase at six months. The appropriate staffing level for AF&R was 10-11. Going to a special district could cause the City to lose programs like the Fire Adapted Communities, emergency management preparedness, and fire inspections. A special district formed within Ashland would enable the programs to remain. Special districts minimized duplication of services and having borderless departments maximized resource deployment. Consultant costs to analyze the potential of forming a special district were approximately $40,000. Mr. Kanner noted other options that included hiring new employees at a level who were not certified but were Emergency Medical Technicians (EMTs) that did nothing but drive ambulances. Chief Karns explained transports required paramedics by contract. AFR transported approximately 1,700 people a year. Another option Mr. Kanner suggested was contracting with Fire District 5 to provide fire and emergency medical services (EMS). To have a viable fire department long-term required adding staff and that would be expensive. In the current budget process, it was a $1,000,000 in add package requests and there was not enough funds. The City needed to focus on what was most critical at that time and preference was given to those things that did not incur ongoing costs beyond the current budget cycle. The present discussion on AF&R had implications for the next budget cycle and possibly the budget following. The City had outgrown its ability to fund the fire department at an adequate level. The demand for service had outgrown the available money. Reducing the call load would eliminate the ambulance transport service with an approximate loss of $671,000 in revenue. AF&R would still be understaffed. Response times would be similar. The time difference would occur with the transporting resource. Council wanted information and options on forming a special district, merging with Fire District 5, a residential fire sprinkler ordinance, and achieving a staff level of 8-10 that included where the money would come from and what programs might get cut. Meeting adjourned at 7:20 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder Ashland City Council Meeting September 1, 2015 Page 1 of 8 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 1, 2015 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor called the meeting to order at 7:09 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Lemhouse, Seffinger, Rosenthal, and Marsh were present. SPECIAL PRESENTATIONS & AWARDS Presentation on NOAA's Storm Ready program Ryan Sandler from the National Weather Service in Medford recognized Ashland as Storm Ready. Ashland had demonstrated severe weather readiness as part of a weather ready nation. The 1997 New Year's Day flood led to a presidential disaster declaration. In 2010, the Oak Knoll Wildfire destroyed eleven homes. Soon after Oak Knoll Meadows became the first Firewise Community in Ashland. Ashland's culture of community was best demonstrated through volunteerism, outreach, and education of the Citizen Emergency Response Team (CERT). CERT led many preparedness workshops and drills. The National Weather Service congratulated the leaders and citizens of Ashland for making their community better educated and prepared for severe weather. Mr. Sandler presented Mayor Stromberg with the certificate. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Forest Lands, Public Arts, Housing and Human Services, and Transportation Commissions and the Bee City USA subcommittee. The Public Arts Commission invited the community to attend the presentations by the three artists selected to develop public art concepts for the Gateway Island. The presentations would occur Thursday, September 10, 2015 at noon and again at 5:00 p.m. in the Gresham Room downstairs in the Ashland Public Library. The Ashland is Ready emergency preparedness seminar would happen Saturday, September 12, 2015 at the Southern Oregon University Stevenson Union. Tickets must be purchased in advance at Ashland Fire and Rescue for $10. Vendors would be available at noon. The seminar was 1:00 p.m. to 4:00 p.m. with topics that included earthquakes, weather and fire emergencies, and Ready Set Go. Admission included a seat at the seminar and a 72-hour kit valued at $30. Sponsors included Asante-Ashland Community Hospital, Ashland Chamber of Commerce, Costco, Oregon Shakespeare Festival, Shop n Kart, and Southern Oregon University. The Mayor went on to provide an update on the Railroad Cleanup. Union Pacific Railroad (UPRR) notified the City of their intent to do a partial cleanup on their 20-acre site. UPRR was in a voluntary cleanup status with the Department of Environmental Quality (DEQ) and as long as they adhered to the record of decisions (ROD) of September 2001 updated in 2005, they could proceed with the cleanup subject to two requirements. DEQ had to approve their specific cleanup work plan and UPRR had to apply for an excavation permit from the City. This had not happened yet and once it did, the City could not interfere or stop the cleanup process. The City could make an alternative proposal to the UPRR. The Mayor was adding this discussion to the September 15, 2015 Council meeting. Representatives from DEQ would be present at the meeting. The public could submit suggestions regarding the cleanup to councilgashland.or.us. Ashland City Council Meeting September 1, 2015 Page 2 of 8 Councilor Voisin announced that she and the Mayor were co-hosting a Deer Summit Wednesday, September 23, 2015 from 7:00 p.m. to 9:00 p.m. in Council Chambers. Rogue Valley Television (RVTV) would broadcast the Summit and the public could access the video on the City website. A follow up to the Summit would occur during an Open Town Hall in the future. APPROVAL OF MINUTES The minutes of the Study Session of August 17, 2015 and Business Meeting of August 18, 2015 were approved as presented. SPECIAL PRESENTATIONS & AWARDS - continued Annual presentation by the Conservation Commission Commission Chair and Souther Oregon University representative Roxanne Beige]-Coryell provided the annual presentation. The Conservation Commission held annual compost classes and started the new Earth Bowl Competition involving middle school students. Commission members sat on the Recycle Center ad hoc Committee whose recommendations Council approved in fall 2014. The Commission also participated in the Bring Your Own Bag campaign that resulted in the plastic bag ban. They led a pilot program and installed eight cigarette butt collection containers to help prevent cigarette butts from entering the storm drains. They researched, reviewed and presented on sustainability planning frameworks and with direction from Council made the focus on climate and energy that resulted in the Climate Action Energy Planning process and the ad hoc committee. The Commission also heard presentations from Bee City USA organizers and supported their efforts for Ashland becoming a Bee City USA city. They also researched and reviewed state carbon pricing bills and recommended the Mayor writing a letter of support. The Commission wrote conservation articles for the Sneak Preview monthly and was currently working on the Climate and Energy Action Plan. They wanted to participate in the January 2016 review of the plastic bag ban. A subcommittee was looking into improving opportunities to recycle in the downtown area. PUBLIC FORUM Joseph Kauth/1 Corral Lane/Spoke on urban heat and explained how buildings gathered heat and increased temperatures. There was a tree next to someone's house and the arborist said it was a fire hazard. The Ashland Forest Resiliency project removed trees at an elevation over 5,000-feet. He thought this action contributed to the drought, and lost skiing. The Pentagon stated climate change was the number one national security issue. Brent Thompson/582 Allison Street/Spoke on Ashland being mostly storm ready and the recent flooding on July 7, 2015 affected him because the City had an undersized storm drain that needed remedied. Another issue was space needs in the downtown area. They could gut City Hall, remodel the inside and increase it to another floor or add to the Community Development building for additional space, or dig up the parking lot on the corner of Lithia Way and Pioneer Street and build a big enough building to house all the city functions. One of the suggestions forwarded to Council by the Downtown Beautification Committee entailed improvement to the corer of Lithia Way and Pioneer Street that resulted in an issue with the existing trees. He helped select trees in the downtown 40 years before. Sometimes it was a success and sometimes not. The Liquid Amber trees were raising the sidewalks and the City needed to make the tough decisions to remove some. Huelz Gutcheon/2253 Hwy 99/Ashland corporate government versus Ashland complete citizen community. The City acted like a corporation but there was a difference. The Council and Mayor were elected to represent the Ashland complete citizen community. Except the Councilors were so busy with families that often the corporate government staff tutored them. City staff was hired hands and when their expertise became obsolete and destructive they needed to be replaced with climate solutions. He thought the Community Development Director position should be elected to represent the complete citizen Ashland City Council Meeting September 1, 2015 Page 3 of 8 community. CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Award of contract to apparent low bidder for the Oak Street railroad crossing pedestrian improvement Councilor Voisin/Rosenthal m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion approved. PUBLIC HEARINGS 1. Public hearing and reading of ordinances titled, "An ordinance amending the City of Ashland Comprehensive Plan to add a Normal Neighborhood plan designation to Chapter 11 [Introduction and Definitions], add the Normal Neighborhood land categories to Chapter IV [Housing Element], change the Comprehensive Plan map designation for approximately 94 acres of land within the City of Ashland urban growth boundary from single family residential and suburban residential to the Normal Neighborhood plan designation, and adopt the Normal Neighborhood Plan Framework as a supporting document to the City of Ashland Comprehensive Plan" Mayor Stromberg explained the legislative public hearing process and order of proceedings. The Mayor decided to take public testimony before the staff report. Public Hearing Open: 7:50 p.m. Public Testimony: Jan Vidmar/320 Meadow Drive/Stated the same issues had been brought up several times and included water, utilities, flood plain, wildlife corridor, traffic, pedestrian safety, workforce housing, quality of life. Everything hinged on density. There were too many houses planned and density would affect all the issues. Jim Curty/1780 E Main Street/Represented Ashland Grace Point Church and was not opposed to the general concept of development but wanted the wetlands on their property protected. He shared the Church's concerns with the plan. The Church asked that Council reject the plan. Definitions were out of date and no longer valid. Carola Lacy/667 Park #2/The housing density of 450 units proposed in the plan would cause congestion and result in up to 5,000 additional vehicle trips per day. The increased congestion would occur near the middle and elementary schools and cause safety issues. Street improvements will be needed for Ashland Street, Normal Avenue, East Main Street, Clay Street, and others. The Normal Avenue railroad crossing will need an upgrade. Most citizens wanted the density reduced to half, the streets improved before any development, and exact street upgrades and costs specified. The entire project was developer driven with little support from citizens. Beth Coye/1609 Peachey Road/Was a member of Normal Neighborhood Plan (NNP) citizen group that came together to evaluate the impact of the Normal Neighborhood plan. She referenced the NNP position paper submitted into the record calling for a reduction in density, a City driven educational outreach effort and zoning requirements to protect the wetlands. These concerns were based on infrastructure costs, sustainability and water resources, wetland protection, street improvements, financial consequences, and quality of life. Tod Brannan/367 Normal Avenue/Noted the Question & Answer posting on the City website regarding Ashland City Council Meeting September 1, 2015 Page 4 of 8 Normal Neighborhood Plan and thought the post was an attempt to refute and shut down arguments citizens were making against the plan. He read his interpretation of the answers from a document submitted into the record. He urged Council to perform due diligence on any developer interested in developing in the Normal neighborhood area. Nancy Parker/456 Euclid Street/Read from a document submitted into the record that described the Normal Plan as a big city plan for a small town, addressed annexing the urban growth boundary (UGB), and discussed lack of costs in the plan. She had concerns regarding the advanced financing. There was enough land to allow sustainable growth for the next 20 years without the need to develop and annex UGB land. Even though the plan was in progress for years, many citizens just recently heard about it in the past month. Nancy Boyer/425 Normal Avenue/Read from a document submitted into the record on the zoning imbalance in the plan and questioned why other areas within city limits were not being discussed for development. She referenced the Mayor's annual City report and encouraged Council to support its own Goal #13 to develop infill and use compact urban forms not urban sprawl and reject the plan. Bryce Anderson/2092 Creek Drive/Spoke individually and as representative of four Homeowner Associations impacted by the plan primarily by the property owned by the Baptist Church Foundation on which the Rogue Community Church was located The Home Owner Associations had issues a year ago with the density of apartment buildings in the plan adjacent to their neighborhoods. Since then Council and staff agreed it was not an appropriate use. The zoning changed from NN-2 to NN-135. However, the ordinance allowed apartment houses in NN-135. There were wetlands issues and affordable housing that could increase density by 60%. He recommended conditional use permits for property zoned for commercial. David Hoffman/345 Scenic Drive/Shared his longevity in the area and knowledge of the community. He had issues with the City's decision making process. He did not think the decisions made were democratic. Mary Ruth Wooding/727 Park Street/Shared concern with the closing of schools due to loss of families in the community. With the potential of 450 new units, she wanted to know how the City would provide for schools. Howard Miller/160 Normal Street/Shared two points, one was urban agriculture. The Normal neighborhood area had very good soil and irrigation that would be paved if they developed the plan. He was concerned the wetlands near a major development area were being progressively limited and had issues with the advanced financing. Carol Block/355 Normal Avenue/Discussed the sustainability of resources and livability versus city growth. She read from the 2012 Ashland Housing Needs report. She had issues with the density and the way the City informed the citizenry of the plan and the tax implications. Sue DeMarinis/145 Normal Avenue/Read from a document she submitted into the record regarding underlying zoning in the open space area and lower density housing. She urged Council to amend the density in the Normal Neighborhood Plan. Paula Fox/367 Normal Avenue/Read from a document she submitted into the record on growth and water. She referenced Mayor Stromberg's State of the City speech for 2015 and read two of the five proposals regarding quality of live in Ashland. The City needed to address water resources. Ashland City Council Meeting September 1, 2015 Page 5 of 8 Terry Froson/283 Meadowood Drive/Shared his experience in the City of Henderson and that development would never stop once it started. Inventory reduced property values. Jim Wells/321 Clay Street/Lived on the west side of the area and viewed the east side of the proposed development. He was concerned with the public process. He only just becarne aware of the plan last night. He questioned sewer capacity, future upgrades, annexation and new zoning and how it affected the comprehensive plan. Jon Cypher/351 Morton Street/Shared his acting experience, quoted John Lennon and Terrence McKenna regarding the madness of society and explained a chess move that he equated to how society was not important because society would pass. He questioned what legacy the community was leaving behind and whether people cared for mother earth. She was the only one that counted. Carol Rosin/351 Morton Street/Commented that she had only heard that night of the Normal Neighborhood Plan and shared concerns how development destroyed communities due to lack of planning. The City needed to consider infrastructure and conscious leadership. She hoped Council would listen to comments made during public testimony. Councilor Voisin/Morris m/s to extend the Public Hearing until 10:30 p.m. Voice Vote: all AYES. Motion passed. Debbie Miller/160 Normal Street/Read from a document submitted into the record that pointed out features of the plan inconsistent with City Goals that included preservation of open space and wetland, housing, implementation, transportation, and financing. Lisa Sennhauser/300 Normal Street/Read a response from Councilor Marsh regarding infrastructure costs and explained why she disagreed. Ines Diez/321 Clay Street/Supported the comments made and shared her concern with the lack of communication and thought it was disrespectful. The plan would affect families in regards to traffic. She urged that a dialogue begin with the community in order to protect trust. Brent Thompson/582 Allison Street/Hoped Ashland never needed the land and noted the potential for the community to degenerate with lower density. He shared the history on how the City ended up supporting infill versus sprawl. Marni Koopman/1206 Linda Avenue/Explained she moved from the Normal area due to the plan. Cities were now integrating climate action into planning. She recommended putting the Normal Neighborhood Plan on hold until climate and energy action planning was complete. Anya Neher/237 Clay Street/Drove Clay Street daily and described how difficult it was already navigating parked cars. She had concerns with traffic, the long-term burden of high density and wanted Council to consider the plan conservatively. Julie Matthews/2090 Creek Drive/Described the Nonnal Neighborhood Plan Working Group and that it met during work hours. She felt citizens were not given adequate time to speak regarding the plan compared to the developers. The ordinance needed to be strengthened, there were loopholes and citizens needed to be more informed and involved in the actual ordinance language. The plan needed more input from the public and possibly citizens brainstorming with the developers. She described a voucher bank theory. Rich Rohde/124 Ohio Street/Ashland did not have affordable housing, diversity, or rental stock. He Ashland City Council Meeting September 1, 2015 Page 6 of 8 encouraged planning a neighborhood with diversity. Ashland needed to look at building diversity. Brett Thomas Lutz/1700 E Main Street/Read from a letter he submitted into the record. He worked for the National Weather Service as a meteorologist and noted the affect land clearing had on the area he lived. He explained the importance of wetlands, the strong El Nino predicted for 2015-2016, and the potential for severe flooding in the Normal Neighborhood area. Additionally, the school bus turnaround needed to be addressed. Abraham Wylie Bettinger/779 Oak Street/Supported the density of the housing proposal. Lack of affordable housing had changed the community over the years. He wanted housing for the working class in Ashland. This was an issue throughout the nation and indicative of not making room for all people. He supported the plan. Randy Jones/815 Alder Creek Drive, Medford/Spoke on behalf of six different parcels set for development. He appreciated the opportunity to work with the Normal Neighborhood Plan Working Group. He encouraged Council to look at the recommendations made by the group and reverse a suggestion from the Planning Commission. It was difficult to build and sell affordable housing in Ashland. He recommended the City define affordable housing and working class housing. The requirement to build affordable housing 500-feet from the railroad tracks presented a problem in the Normal neighborhood area. Max Martinie/321 Clay Street/Recently became aware of the plan. Shared concern with the growth already in the area and noted friends could no longer afford to live in Ashland. Another concern was pedestrian traffic in the Normal neighborhood area. She supported affordable housing but was more concerned with the impact in the area and wanted a plan that affected all citizens, not just the ones in the Normal plan area. Cathy Shaw/ 886 Oak Street/Explained Senate Bill 100 dictated infill. This was a plan on how to develop the area if someone wanted to develop it. This was proactive. The City pushed development to the flatlands so people would be able to access businesses and public transportation and be multi modal. Staff Report: Community Development Director Bill Molnar explained the 94-plus acres were in the urban growth boundary (UBG). The UBG was established in 1982. Over the past 25 years, the City had annexed 65- acres accommodating 375 homes. There were no pending proposals or pre-applications to annex the Normal Neighborhood area. In 1982, the City adopted a basic plan for the area that when the land came into the City it would have two residential zoning designations with densities between 5-8 units for a total of approximately 500-550 homes. The City also identified a basic transportation plan in the early 1980s. Over the past decade the City participated in the Greater Bear Creek Regional Valley Plan. One of the stipulations was meeting target residential densities in the UGB that was 6.6 units per acre for Ashland. Subtracting the 25 acres for open space and unbuildable area within the Normal master plan resulted in approximately 450 units, 6.6 units an acre. The Comprehensive Plan stated as part of the regional plan the City could reduce density in the UGB only if at the same time the City identified where it would increase the density to meet the 6.6 unit per acre target within city limits. The ultimate objective of the plan was when the land was annexed the plan would lay out clear expectations for the applicant. It would essentially provide a road map for future applicants. Senior Planner Brandon Goldman further explained the Comprehensive Plan adopted in 1981 established a conceptual plan for bringing the area into city limits. It did not necessarily accommodate the natural areas, wetlands, or street network. A neighborhood plan gave the community and City the opportunity to Ashland City Council Meeting September 1, 2015 Page 7 of 8 refine stipulations in the Comprehensive Plan. Annexations for development typically occurred in an incremental fashion. The property had to be adjacent city limits for annexation. The neighborhood plan let the community discuss broader issues in the context of the entire 94 acres and look at the internal street, bike, and pedestrian networks and offsite improvements. The densities proposed in the area were compatible with the city as a whole. Specific requirements would capture storm water on site and accommodate storm water runoff without putting further impact on the storm water system. Mr. Goldman clarified in all development throughout the city the developers paid the infrastructure costs related to the development. In the case of the Normal Neighborhood Plan, that included internal streets, sidewalks, and utility extensions that serve the development. Developers also paid a proportionate amount for offsite improvements due to the impact of development. System Development Charges (SDCs) contributed to offsite improvements as well. The expectation in the Normal Neighborhood Plan Working Group was if the City decided to participate in an Advance Financing District, it would be through a development agreement. That way if the development did not occur within a 20-year period the City would have the opportunity to recapture any remaining money owed through how the development agreement was constructed. SDCs were fees collected for development that went into a fund for citywide improvements. Housing density transitioned from south to north with higher density development near the railroad tracks, multifamily, and within a relatively short distance to transit lines, parks, and community facilities. The plan would maintain options for neighborhood serving businesses and services close to East Main Street near the northeast corner of the plan area. Land use designations were revised March 2015 to the following: • NN-O1 at 5 units per acre was now NN-1-5 at 4.5 units per acre • NN-02 at 10 units per acre was now NN-1-3.5 at 7.2 units per acre • NN-03 at 15 units per acre was now NN-l -3.5-C at 7.2 units per acre plus mixed use • NN-03C at 15 units per acre plus mixed use was now NN-2 at 13.5 units per acre The Normal Neighborhood Plan Working Group formulated Neighborhood Module Illustrations within the plan framework to provide general examples of characteristics to help make a neighborhood module successful. Development in the Normal Neighborhood would be family-friendly, energy, and water efficient and include micro-agriculture. The Working Group revised the transportation framework. The local neighborhood street network incorporated multiple connections with East Main Street and maintained the Normal Collection as designated in the initial draft plan. Local neighborhood streets aligned to provide a grid pattern. It also included a direct pedestrian connection to Ashland Middle School and perimeter transportation improvements to the railroad crossing and East Main Street. There were recommendations from the Working Group to accept the open space plan as presented but allow minor amendments to reflect a state approved wetland delineation. A minor amendment process would allow modification of open space areas to correlate with the then current wetland delineation. The Planning Commission's evaluation of the open space amendment process supported the original recommendation of having a major amendment to the plan if someone wanted to modify it to correlate with current wetlands. Alternately, the Commission recognized the Working Group's recommendation for a minor amendment process and suggested adding the following language to approve minor amendments when they demonstrated: Ashland City Council Meeting September 1, 2015 Page 8 of 8 • Equal or better protection for identified resources will be ensured through restoration, enhancement, and mitigation measures. • The application demonstrates that connections between open spaces are created and maintained providing for an interlinked system of greenways. • The application demonstrates that open spaces function to provide habitat for wildlife, promote environmental quality by absorbing, storing, and releasing storm water, and protect future development from flood hazards • The application demonstrates that scenic views considered important to the community are protected, and community character and quality of life are preserved by buffering areas of development from one another. Council continued the item to the September 15, 2015 Council Meeting. The Public Hearing would remain open. Those who testified during this meeting would not be able to testify at the September 15, 2015. People who did not testify could have a chance to do so at the next meeting. The public could continue to submit documents into the record. UNFINISHED BUSINESS None NEW AND MISCELLANEOUS BUSINESS 1. 8rn Quarterly Financial Report of the 2013-15 Biennium Item delayed due to time constraints. ORDINANCES, RESOLUTIONS AND CONTRACTS None OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 10:30 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor CITY OF -ASHLAND Council Communication September 15, 2015, Business Meeting Seismic Preparedness Presentation by Dr. Althea Rizzo FROM: John Karns, Fire Chief, Ashland Fire & Rescue, karnsj@ashland.or.us SUMMARY This is a seismic awareness and preparedness presentation by Dr. Althea Rizzo of the Oregon Office of Emergency Management. Dr. Rizzo was a principal presenter at the A.I.R. citizen emergency preparedness workshop held on September 12. BACKGROUND AND POLICY IMPLICATIONS: Dr. Althea Rizzo joined Oregon Office of Emergency Management in 2008 as the geologic hazards program coordinator. She is a member of the National Tsunami Hazard Mitigation Program and currently serves as the co-chair of the Warning Subcommittee. Dr. Rizzo will give a brief presentation on the seismic risk for Southern Oregon, the importance of being prepared for any natural disaster, and discussing the state-wide earthquake exercise "Cascadia Rising" that will be held in June, 2016. COUNCIL GOALS SUPPORTED: Government 11. Prepare the community for natural and human-made disasters 11.1 Address the seismic vulnerability of downtown. 11.2 Develop a comprehensive, at-home disaster preparedness program for all citizens. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTION: N/A ATTACHMENTS: None Page I of I PF A& AD HOC COMMITTEE ON AFN GOVERNANCE STRUCTURE August 24, 2015 3-5pm Siskiyou room 51 Winburn Way Call to Order Committee member Rich Rosenthal, (acting chair until Pam Marsh was able to arrive) called the meeting to order at 3: 07pm. Attendees: Susan Alderson (by phone), Bryan Almquist, Matthew Beers, Dave Kanner, Pain Marsh, Rich Rosenthal, Dennis Slattery and Jim Teece. Not present: Vicki Griesinger Staff present: Dave Kanner, City Administrator, Mary McClary. Administrative Assistant Public Input David Hand, 739 Welch Drive, vvas present and had no comments. Review/Approval of Minutes Bryan Almguist moved to approve the minutes ofJuly 29, 2015 and the motion was seconded by Dennis Slatterv. Voice Vote: All Ayes. The motion passed with a unanimous vote. AFN Bud,-et Set aside. A Review of Shared Services (A FN and City) Dave Kanner explained to the Committee the cost factors involved with AFN and The City of Ashland (COA). He passed out a Shared Resources document that highlighted the shared resources' benefits to COA and to AFN. There was much discussion regarding the split costs and the comingling of the two entities. (See attached document). Rich Rosenthal questioned if there was a change in governance structure, the entities would be difficult to untangle. The discussions continued as the committee discussed the different costs associated and how they would be funded. Ex: ISP or Contractor absorbs all additional costs? The Mayor arrived at 3:22 to pass out materials Pam Marsh had for the group, until she arrived. It was a summary spreadsheet of all the different models they had looked at so far highlighting the strengths, weaknesses, budget, investments, development, marketing, selling and profits. There was discussion regarding the COA marketing AFN and the ISP marketing AFN and also how many FTE would be involved if there was in fact a separation. (5.75) Pain Marsh arrived at approx. 3:45pm. Dave Kanner also explained there would be extra costs and subcontracting constraints due to legislation action. He summarized about ORS27913.030, 033, 036 explaining that if AFN were to be "spun off" or sold, the city would need to conduct a Feasibility Study to determine the business would be cheaper to run from outside management or sale. In addition, the union would also be involved because some of the AFN employees were union members. He did not know at that time, what the extra costs it would entail to accommodate this process, but their certainly would be hurdles to cross. Oregon Legislation ORS279B (https://www.oregonle~zislature.Vov/bilis laws/ors/ors279B.html) http://www.oregonlaws.org✓ors/279B.030 http://www.oregonlaws.org/ors/279B.033 littp://www.oregon]aNvs.org/ors/279B.036 Dave spoke to the Committee regarding other systems who utilize AFN, for example, the school system. He stated the city is in the process of upgrading the infrastructure now and would offer one of the highest quality products on the market. Review ofAlternate Organizational Models Pam Marsh went over the handout on Organizational Models for AFN and explained the different columns. (See attachment) The members discussed the inherent conflicts with the status quo model and some conflicts regarding AFN: 1) Competing against each other 2) Undermining the ISPs 3) Not getting a lot from the ISPs 4) Consistent across business functions involving the seller/marketer and working back Dave Kanner explained when AFN was launched there was a conscious decision not to sell directly to citizens, rather AFN would be a wholesaler. Jim Teece brought up that the city had a marketing budget for AFN when it was first rolled out to explain to the citizens about AFN and their offered services. Pam Marsh addressed the issue of the ISPS and the COA as wholesaler and retailer. She would like to see them work together to find a solution as it would benefit everyone involved. Mathew Beers summarized the basic tension problems between the two and suggested looking at those possible solutions. Status Quo Model Dennis S.Iattery talked about something changing in the Status Quo Model to gain customers and also retained customers. It seemed to be an internal competition among COA and the ISPs, instead of a joint effort to challenge the competitors. The members talked about some possible changes to optimize the model: a strong commission, industry experts, an advisory board; resolution of conflict between wholesale and retail; the quality of the ISPs and internal consistency. Their understanding was most customers want high quality service at a really low cost. The members brainstormed about: the elements to capture and market, high quality product, marketing consultant, the basic product, phasing out ISPs, sharing more responsibility with ISPs, remaining as a retailer, customer service, streaming videos, fixed costs to build out, pricing, transparency and staying ahead of competition, wholesale, retail, cutting rates, selling, providing email, retaining ownership and a strategic plan. Dave Kanner spoke again about the implementation of upgrading the infrastructure. Next Stens/Meetink, Schedule Pam Marsh would like by the end of September and have a recommendation for Council or soon thereafter. It was decided to not look at big changes but to look at the different models of wholesaler, retailer, city monopolies, and how to solve the identity crisis. They wanted to look at a joint marketing program, a common theme, building strengths and discuss how pricing was determined and the mythology of costs. Mathew Beers reminded the members the purpose of this commission is to govern, not develop the detailed plan. The next meeting would be held at the Siskiyou Room on September 8"', from 3-5pm. Adjournment The meeting adjourned 4:57pm. Respectfully submitted by: Marv McClmy Administrated Assistant City of Ashland L O R L O R u .Ti i I~ L' O R a>`+ 3 Q R t°. Q 0. V V V V V 0. .~0. V O v ~ tV [S 0I •K ~ d `r ~ v 3 v o v Q~ .v- Q m~ v w d <n `n Q O ~I n. a v ~ v en 3~ n c r _ K z c z K 82 w ~ c:. •q w 3 ¢ , ¢ z h c yi d V C ~ R N L r y E vl L V vi O h N d w 3 Q V Q v w ¢ ~ Q ~ y Q~ h ^ O O ~ Jl O C ° U ~ G C i~ 7~ ~ O O O~ O O ~ 3 c ~ E~ .cn ~ c i m ~ E_ ° z c h E c z c c E cz _ c, c°• o ow 3 ca ~ V U ~ N U U ° L O C O K L 0. 0. K O O n• ° O Ql N E y i. 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(2)lf a local contracting agency authorizes a department, bureau, office or other subdivision of the local contracting agency to conduct a procurement on behalf of another department, bureau, office or subdivision of the local contracting agency, the department, bureau, office or subdivision on whose behalf the procurement is conducted shall comply with the requirement set forth in subsection (1) of this section. (3)Subsection (1) of this section does not apply to: (a)A local contracting agency or a local contract review board for a city that has a population of not more than 15,000 or a county that has a population of not more than 30,000; (b)A community college that enrolls not more than 1,000 full-time equivalent students, as defined in ORS 341.005(Definitions for chapter); (c)A special district, as defined in ORS 198.010 (District defined for chapter), a diking district formed under ORS chapter 551 and a soil and water conservation district organized under ORS 568.210 (Definitions for ORS 568.210 to 568.808 and 568.900 to 568.933) 568.808jaxing district to file legal description and map1; (d)The Port of Portland; or (e)Procurements for client services, as defined in OAR 125-246-0110. [2009 c.880 §2] 279 B.033 Contents of cost analysis • conditions under which procurement may proceed • exceptions (I )In the cost analysis required under ORS 27913.030(Demonstration that procurement will cost less than performing service or that performing service is not feasible), a contracting agency shall: (a)Estimate the contracting agencys cost of performing the services, including: (A)Salary or wage and benefit costs for contracting agency employees who are directly involved in performing the services, including employees who inspect, supervise or monitor the performance of the services. (B)Material costs, including costs for space, energy, transportation, storage, raw and finished materials, equipment and supplies. (C)Costs incurred in planning for, training for, starting up, implementing, transporting and delivering the services and costs related to stopping and dismantling a project or operation because the contracting agency intends to procure a limited quantity of services or procure the services within a defined or limited period of time. (D)Miscellaneous costs related to performing the services. The contracting agency may not include in the cost analysis the contracting agencys indirect overhead costs for existing salaries or wages and benefits for administrators or for rent, equipment, utilities and materials except to the extent that the costs are attributable solely to performing the services and would not exist unless the contracting agency performs the services. (b)Estimate the cost a potential contractor would incur in performing the services, including: (A)Average or actual salary or wage and benefit costs for contractors and employees who: (i)Work in the industry or business most closely involved in performing the services that the contracting agency intends to procure; and (ii)Would be necessary and directly involved in performing the services or who would inspect, supervise or monitor the performance of the services; (B)Material costs, including costs for space, energy, transportation, storage, raw and finished materials, equipment and supplies; and (C)Miscellaneous costs related to performing the services, including but not limited to reasonably foreseeable fluctuations in the costs for the items identified in this subsection over the expected duration of the procurement. (2)(a) After comparing the difference between the costs estimated as provided in subsection (1)(a) of this section with the costs estimated as provided in subsection (1)(b) of this section, except as provided in paragraph (b) of this subsection, the contracting agency may proceed with the procurement only if the contracting agency would incur more cost in performing the services with the contracting agencys own personnel and resources than the contracting agency would incur in procuring the services from a contractor. The contracting agency may not proceed with the procurement if the sole reason that the costs estimated in subsection (1)(b) of this section are lower than the costs estimated in subsection (1)(a) of this section is because the costs estimated in subsection (1)(b)(A) of this section are lower than the costs estimated in subsection (1)(a)(A) of this section. (b)A contracting agency may proceed with a procurement even if the contracting agency determines that the contracting agency would incur less cost in providing the services with the contracting agencys own personnel and resources if at the time the contracting agency intends to conduct a procurement, the contracting agency lacks personnel and resources that are necessary to perform the services within the time in which the services are required. If the contracting agency conducts a procurement under the conditions described in this paragraph, the contracting agency shall: (A)Keep a record of the cost analysis and findings that the contracting agency makes for each procurement the contracting agency conducts under this section, along with the basis for the contracting agencys decision to proceed with the procurement; and (B)Collect and provide copies of the records described in subparagraph (A) of this paragraph each calendar quarter to the local contract review board, if the contracting agency is a local contracting agency, or to the Emergency Board, if the contracting agency is a state contracting agency. (c)lf the contracting agency is a state contracting agency, in addition to complying with the provisions of paragraph (b) of this subsection the contracting agency shall prepare a request to the Governor for an appropriation and any authority that is necessary for the contracting agency to hire personnel and obtain resources necessary to perform the services that the contracting agency procured under the conditions described in paragraph (b) of this subsection. The request must include a copy of the records that the contracting agency provided to the Emergency Board under paragraph (b)(B) of this subsection. (3)A cost analysis, record, documentation or determination made under this section is a public record. [2009 c.880 §3] 2796.036, Determination of feasibility of procurement (1)Notwithstanding the provisions of ORS 279B.033 (Contents of cost analysis) (2)(a), a contracting agency may proceed with a procurement if the contracting agency reasonably determines in writing that using the contracting agencys own personnel or resources to perform the services that the contracting agency intends to procure is not feasible. The contracting agency may make the determination described in this subsection without conducting a cost analysis under ORS 27913.033 (Contents of cost analysis) if the contracting agency finds that: (a)The contracting agency lacks the specialized capabilities, experience or technical or other expertise necessary to perform the services. In making the finding, the contracting agency shall compare the contracting agencys capability, experience or expertise in the field most closely involved in performing the services with a potential contractors capability, experience or expertise in the same or a similar field. (b)Special circumstances require the contracting agency to procure the services by contract. Special circumstances may include, but are not limited to, circumstances in which: (A)The terms under which the contracting agency receives a grant or other funds for use in a procurement require the contracting agency to obtain services through an independent contractor; (B)Other state or federal law requires the contracting agency to procure services through an independent contractor; (B)Other state or federal law requires the contracting agency to procure services through an independent contractor; (C)The procurement is for services that are incidental to a contract for purchasing or leasing real or personal property, including service and maintenance agreements for equipment that is leased or rented; (D)The contracting agency cannot accomplish policy, administrative or legal goals, including but not limited to avoiding conflicts of interest or ensuring independent or unbiased findings in cases when using the contracting agencys existing personnel or persons the contracting agency could hire through a regular or ordinary process would not be suitable; (E)The procurement is for services to which the provisions of ORS 2798.080 (Emergency procurements) (F)The procurement is for services, the need for which is so urgent, temporary or occasional that attempting to perform the services with the contracting agencys own personnel or resources would cause a delay that would frustrate the purpose for obtaining the services; or (G)The services that the contracting agency intends to procure will be completed within six months after the date on which the contract for the services is executed. (2)A finding or determination and supporting documentation for a finding or determination made under this section is a public record. [2009 c.880 §4] Minutes for the Climate and Energy Action Plan ad hoc Committee September 2, 2015 Pagel of 3 MINUTES FOR THE CLIMATE & ENERGY ACTION PLAN ad hoc COMMITTEE Wednesday, September 2, 2015 Lithia Room, 51 Winburn Way 1. Call to Order Chair Rich Rosenthal called the meeting to order at 6:00 p.m. in the Lithia Room. Committee members Louise Shawkat, Roxane Beigel-Coryell, and Bryan Sohl were present. Staff member Adam Hanks was present. Committee member James McGinnis arrived late. Councilor Rosenthal welcomed the committee members and the public in attendance. He gave a brief history of how the committee was formed. He explained why he is glad to be participating in this group. 2. Introductions Each committee member introduced themselves, gave some background information and some reasons for their desire to work on this plan. 3. Committee Charge and Scope of Work Rosenthal read aloud the scope of work, written by the City Administrator and approved by City Council. He particularly highlighted that there shall be one point of contact for communication between the committee, the public, and the to-be-hired consultant. A single point of contact is important to avoid confusion and maintain continuity. This point of contact will be staff member, Adam Hanks. James McGinnis arrived 6: 04 p.ni. Group discussed the selection processes for hiring the consultant. The most important role of the committee is to confirm that the RFP contains the necessary project elements and final plan components and properly weight the scoring system in order to select the most appropriate candidate while preparing the RFP. 4. Public Input Ken Deveney, 206 Terrace St., thanked the group for the work they are undertaking. He gathers the emphasis for this group will be on greenhouse gases, but wonders if there is room for a health component, specifically mental health. .JoAnne Eggars, 221 Granite St., this plan is at the top of her priority list for Ashland. She thanked the Conservation Commission for their work in bringing this forward to the Council. She encouraged the group to do this in a timely fashion as this is a very time sensitive matter. .John Cross, 263 7`" St., is an aquaponics expert. This is an emerging technology which can have a direct effect on greenhouse gas emissions. He gave some examples regarding use of compost and preventing it from ending up in a landfill to become methane. Methane is a heavy hitter in greenhouse gases, so any reduction could have a good impact. Additionally, this plan could help Ashland be an important destination for ecotourism. Minutes for the Climate and Energy Action Plan ad hoc Committee September 2, 2015 Page 2 of 3 Mark Hannaberg, 657 Prim St., would like the group to consider a solar community garden. This would be where people could install their own panel, be integrated with the grid, and see the savings on their own bills. Instead of the panel being on their own roof, however, it would be on a city-owned location. Currently all options along these lines are illegal. Cathy Stekfrsi, 657 Prim St., gave a copy of a video which highlights what Mr. Hannaberg discussed. Jeff Shame, 553 Fordyce, is one of the people who submitted a response to the Greenhouse Gas Inventory RFP, therefore he will not comment on the plan at this time, but appreciates the group starting. 5. Meeting Format and Schedule Rosenthal stated that, to the degree it is possible, packets will be on-line rather than hard-copy. Hanks stated he would like to have all packets posted five days in advance of each meeting. In order to do that, however, the group needs to be sure to submit items for the packet as early as possible. Group discussed possible meeting schedule options and mostly agreed, if at all possible, to keep the meetings to no longer than 90 minutes. Meetings can run longer as topics necessitate. Generally speaking, the meetings will be on the first and third Wednesdays of the month at 2:00 p.m. Rosenthal would like to see a few evening meetings in order to not miss out on public involvement or input. 6. Conservation Commission Proposed Project Plan Elements and Process Beigel-Coryell, Sohl, and McGinnis gave an overview of the Conservation Commission's work to date. Council narrowed their original request to just focus on climate and energy. They have since then looked at plans from many other communities, focusing largely on the plan created by the City of Eugene. They are hoping this will be a community-directed process and not solely a city project. The group discussed the draft timeline and the specific sectors they want to involve in the process (infrastructure, economics and tourism, natural resources, renewable energy and energy efficiency, food and agriculture, land use and transportation, consumption and waste, health and social services.) Group discussed the RFP scope of work. The consultant is needed to provide expert assistance in the plan document development and propose a public process to get the best result. Hanks passed around a "starter kit" draft of the RFP. He used the Conservation Commission's plan proposal given to the Council at the March 18, 2015, meeting as a base but needs input from the Committee to ensure the details are correct. Group decided this should be the main focus of the next meeting. Group discussed whether the plan will be focused solely on mitigation efforts or include adaptation. Determined that the plan will likely start out weighted more to mitigation but needs to have the ability to move towards adaptation. The goal is that this will be a living document, Minutes for the Climate and Energy Action Plan ad hoc Committee September 2, 2015 Page 3 of 3 with the ability to change as the community's needs do. The RFP will have to reflect this need clearly. 7. Climate Plan Kick-off Event Through a grant process Council allocated $ 10,000 to Geos Institute, separate from the $120,000 biennium allocation for this Action Plan process, to organize a kick-off/information gathering event. Geos Institute is working with Rogue Climate on the event planning. Hanna Sohl from the planning group gave an overview of the plans triade thus far. The planning group is open to the public and meets on the second and fourth Wednesdays of each month at 2:00 p.m. at Geos Institute. The goal of the event is to energize the community, actively engage them, and to be in a good framework to share the final plan with the community after its completion. They have decided to make it a full week of activities leading up to the kick-off. The kick-off event has been scheduled for November 15t". They are already working with a number of local non-profits and businesses in the planning of the week's activities. The planning group would like suggestions from the Committee as to what questions should be asked at the event (what will best inform the group in its work on the plan). Group determined that they will focus at the neat meeting on questions they want the planning group to use at the kick-off event. Hanks noted that the grant application includes a set of outcomes and deliverables from the kick off events that are to be reported on and communicated back to the Climate and Energy Action Committee to be utilized for the overall plan development process. Hanks indicated that he would be meeting with the grantees to ensure the information is collected and passed along. 8. Greenhouse Gas Inventory Project Update Hanks informed the group that four submittals to the RFP were received. They are all good. There will be a three-person review team made up of city staff members. This should be on the September 15th City Council meeting for approval. 9. Next steps/ meeting schedule The next meetings for the committee will be held on: Tuesday, September 8, 1:00 - 2:30 p.m. Wednesday, September 30, 5:00 - 6:30 p.m. Wednesday, October 7, 2:00 3:30 p.m. Wednesday, October 21, 2:00 - 3:30 p.m. 10. Adjournment Meeting adjourned at 7:32 p.m. Respectfully submitted, Diana Shiplet Executive Assistant ASHLAND HISTORIC COMMISSION Meeting Minutes August 5, 2015 Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room REGULAR MEETING - CALL TO ORDER 6:02p.m. - SISKIYOU ROOM in the Community Development/Engineering Services Building, located at 51 Winburn Way Historic Commissioners Present: Mr. Skibby, Mr. Swink, Ms. Kencairn, Ms. Renwick, Mr. Whitford, Mr. Emery, Mr. Ladygo, Mr. Giordano Commission Members Absent: Mr. Shostrom (E) Council Liaison : Carol Voisin Staff Present: Staff Liaison: Mark Schexnayder & Maria Harris; Clerk: ReganTrapp APPROVAL OF MINUTES: Ms. Renwick motioned to approve minutes from July 8, 2015. Mr. Ladygo seconded. Mr. Swink abstained due to absence. No one opposed. PUBLIC FORUM: Michael Donovan, owner of the Camps building, residing at 406 Briscoe Place, Ashland, OR 97520 addressed the commission. He spoke about the letter that he submitted regarding the application by Oregon Shakespeare Festival, for the temporary food cart in the Chautauqua Square Plaza. Mr. Donovan expressed his concern that the City would approve another commercial activity in the gateway plaza to the Oregon Shakespeare Festival and the downtown center. He urged the Historic Commission to deny the application and remand the issue back for further study. COUNCIL LIAISON REPORT: Ms. Voisin gave the council liaison report. Ms. Voisin reported that the Fire department has had an increased number of emergency calls by EMS. She stated that a conversation was started regarding the possibility of combining with another fire station in the area. Ms. Voisin also noted that the resolution on the Rogue Valley Summit climate change was completed. Ms. Voisin went on to say, that the drought continues and the 86 TID customers that had their water turned off may be able to get their water back on for a month. She pointed out that the reservoir is 96% full and residents are using around 4.5 million gallons of water a day. City council responded to an inquiry from Union Pacific railroad about removing a tank in the railroad district. The proposal states that for 5 weeks, 25 dump trucks per day would use Oak Street to replace contaminated dirt. The City Council wants the Mayor to send a letter to the Department of Environmental Quality stating that they want the contaminated dirt sent by railroad and not by truck. Ms. Voisin directed attention to some changes being made in the Plaza area by the Downtown Beautification Commission. She detailed the changes in her report and did state that the Council could move this decision to the September agenda if the Historic Commission felt it was needed. She recognized that these were part of the original plans that Ms. Kencairn spoke about a few months ago but the plaza plans were excluded from that discussion. Ms. Kencairn stated for the record that she was only directed to present her pieces of the downtown design per Mr. Fluery's direction. The Plaza plan was in addition to the plans presented by Ms. Kencairn. After much discussion, the Commission requested that staff write a letter asking the City Council to postpone the decision on the plans for the plaza until the Commission can review it. Ms. Voisin finished her staff report by saying that Verde Village subdivision has had a second reading by the City Council. Mr. Skibby read aloud the procedures for public hearings. PLANNING ACTION REVIEW: PLANNING ACTION: PA-2015-01115 SUBJECT PROPERTY: 34 S Pioneer Street OWNER/APPLICANT: Oregon Shakespeare Festival DESCRIPTION: A request for a Conditional Use Permit to operate a temporary food vendor in the Chautauqua Square plaza. The applicant has yet to decide on a vendor and, therefore, signage and design of the food cart is in the conceptual design stages. The location of the proposed food vendor is in a prominent area of the Oregon Shakespeare Grounds and is in the Downtown Historic District. COMPREHENSIVE PLAN DESIGNATION: Downtown; ZONING: C-1-D; ASSESSOR'S MAP: 39 1 E 09BC; TAX LOT: 1100 Mr. Schexnayder gave the staff report for PA-2015-01115. Mr. Skibby opened the public hearing to the applicant. Ted Delong general manager of Oregon Shakespeare Festival at 30 S. First Street, had no formal presentation but was happy to answer questions from the Commission. Mr. Delong clarified that Oregon Shakespeare festival would be responsible for picking the applicants and they would be looking to pick someone that would not try to compete, but also fit in well with other restaurants in the area. He wanted to clarify that Oregon Shakespeare Festival is not being descriptive as of yet in their decision but would like it to compliment what is already existing in the downtown area. Mr. Delong went on to say that this is bringing positive use to downtown and about bringing life into an empty and unused space. Mr. Delong added that this application is experimental in nature and won't necessarily be a magnet for transients or homeless. Dylan Kistler, of 557 N. Mountain, Ashland addressed the Commission. He asked the Commission about the table space in front of Mix being public or private. The Commission answered that they were public. He then stated that If tables drive the use of the space then they should be removed. In his experience, he has never seen a food truck that has provided tables so why now? Mr. Skibby opened to the Commission for comments and questions. The Commission asked Mr. Delong if the footprint was sized for a food truck. The applicant said "he could guarantee that it would be a food cart." He mentioned the cart being pushed by hand and a dimension of 8' x 3'. The Commission made it clear that they thought a cart was appropriate, but a truck was not an appropriate scale for the plaza space. Issues raised by the Commission were color, scale and design of the food cart, feasibility of a food cart in the downtown area and possible review of the Conditional Use Permit after a year. The Commission said that the concept is good to consider but would like clearer parameters on the cart itself and review time after a year. The Commission discussed whether the number of tables and chairs may be excessive. In particular, they discussed that the space is a public plaza and that there needs to be enough space to "coexist with the general public." Some items discussed were that pedestrian ingress/egress/flow needs to work as well as having enough room for people who aren't food cart patrons to use the public space. Mr. Giordano motioned to continue PA-2015-01115 until a later date, when items such as scale and color of the food cart can be addressed. Ms. Renwick seconded. No one opposed. NEW ITEMS: A. Kistler, Small & White presenting 209 Oak B. Review board schedule C. Project assignments for planning actions Ray Kistler and Leslie Gore of Kistler, Small, and White, 66 Water Street Ashland presented the "Bricks on B Street project" to the Commission. Mr. Kistler and Ms. Gore gave the general site overview of the project. Mr. Kistler shared that The Mickelson-Chapman and the Smith- Elliot houses will be restored to historic integrity. He went on to say that the new brownstones and cottages they will build (in addition to restoring the homes) will look urban in nature. Ms. Gore showed examples of urban neighborhoods in Oregon that would share this feel. Mr. Shostrom submitted his comments in an email due to his absence. Mr. Kistler addressed Mr. Shostrom's comments and agreed with not adding a park row at the curb and adding porch width on the brownstones. OLD BUSINESS: A. Mr. Giordano- discussion on who will attend Rotary meeting in September regarding historic preservation. Mr. Giordano stated that he still needs someone to speak at the Rotary meeting in September. Ms. Renwick said she would be happy to speak, but at a later date. Ms. Renwick went on to say that she will speak to Mr. Hilton in regards to this issue. DISCUSSION ITEMS: A. Staff follow up from July meeting: 1. Butler-Perozzi fountain-Ms. Harris reported that Parks staff will give an update to the commission at the September meeting. 2. 37 N. Main permit status - Ms. Harris reported that no permit has been submitted. B. Exterior alteration standards project update and discussion -Ms. Harris stated that staff has been working with Matt Davis of the CLG and they have been studying several cities in the area and how they approach submittals in their Historic Districts. Ms Harris went on to say that she would like to take some good and bad examples of work done in the Historic District to the CLG study. Ms. Harris requested that the Commission email her specifically if they can think of any projects that may stand out either good or bad. Ms. Harris stated that she would need the emails by August 14, 2015. Ms. Harris would like the Commission to consider a short study session during the day over lunch, sometime before September 20, 2015. She will put together some dates and get the process started. COMMISSION ITEMS NOT ON AGENDA: Mr. Swink spoke in regards to window replacement at 60 Granite. Review Board Schedule August 6th --Terry, Bill, Keith August 13th Terry, Tom, Andrew August 20th Terry, Sam, Dale August 27th Terry, Kerry, Bill September 3rd Terry, Allison, Andrew September 10th Terry, Keith, Dale Project Assignments for Planning Actions PA-2014-01956 Lithia & First All PA-2014-00710/711 143/135 Nutley Swink & Whitford PA-2014-01283 172 Skidmore Shostrom PA-2014-00251 _ 30 S. First St Whitford BD-2013-00813 374 Hargadine Swink PA-2013-01828 310 Oak St. (Thompson) Shostrom PA-2014-02206 485 A Street Renwick PA-2015-00178 156 Van Ness Ave Kencairn PA -2015-00374 160 Lithia Way Emery PA-2015-00541 345 Lithia Way Giordano & Renwick PA-2015-00493 37 N. Main Skibby PA-2015-00878 35 S. Pioneer Ladygo PA-2015-01163 868 A' Street Kencairn PA-2015-00980 637 B' Street Shostrom PA-2015-00797 266 Third Ladygo ANNOUNCEMENTS & INFORMATIONAL ITEMS: Next meeting is scheduled for September 9, 2015, 6:00 pm. There being no other items to discuss, the meeting adjourned at 8:00 pm Respectfully submitted by Regan Trapp CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES August 11, 2015 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Troy J. Brown, Jr. Bill Molnar, Community Development Director Michael Dawkins Brandon Goldman, Senior Planner Debbie Miller Derek Severson, Associate Planner Melanie Mindlin April Lucas, Administrative Supervisor Haywood Norton Roger Pearce Absent Members: Council Liaison: Lynn Thompson Greg Lemhouse ANNOUNCEMENTS & AD HOC COMMITTEE UPDATES Community Development Director Bill Molnar noted the upcoming Planning Commission training opportunity on September 24, 2015 in Bend and asked interested members to contact staff. On August 30, 2015, the city commissioner appreciation event will be held at Oak Knoll Golf Course and members are asked to RSVP with City Recorder Barbara Christensen. Lastly, Mr. Molnar stated staff is anticipating a busy schedule over the next few months with four Type II actions coming before the commission. Commissioner Dawkins commented on the Downtown Parking and Multi-Modal Circulation ad hoc committee. He stated the group is concentrating on parking and stated there are no major updates to report. CONSENT AGENDA A. Approval of Minutes. 1. July 14, 2015 Regular Meeting. 2. July 28, 2015 Special Meeting. Commissioners Miller/Dawkins m/s to approve the July 14, 2015 Regular Meeting minutes. Voice Vote: all AYES. Motion passed 6-0. Commissioners Norton/Pearce m/s to approve the July 28, 2015 Special Meeting minutes. Voice Vote: all AYES. Motion passed 4-0. [Commissioners Brown and Miller abstained] PUBLIC FORUM Joseph Kauth/482 Walker/Read aloud the City's proclamation of culture of peace and expressed concern about development. TYPE II PUBLIC HEARING A. PLANNING ACTION: PA-2015-00422 SUBJECT PROPERTY: 600-640-688-694-696 Tolman Creek Road, 2316 Hwy 66 APPLICANT: City of Ashland OWNERS: Independent Printing Company, Inc., IPCO Development Corp. Ashland Planning Commission August 11, 2095 Page 1 of 6 AGENTS: CSA Planning, Ltd. DESCRIPTION: A request for Site Design Review, Exception to Street Standards, Property Line Adjustment, Limited Use Permit/Water Resource Protection Zone Reduction for Construction in the Water Resource Protection Zone, Physical & Environmental Constraints Review Permit for Floodplain Development, and Tree Removal Permit approvals to allow the construction of a new public street "Independent Way" between Washington Street and Tolman Creek Road and associated changes to the lane configuration and on-street parking on Tolman Creek Road to its intersection with Ashland Street. (The proposal also includes the review of driveway locations and associated circulation to allow the coordinated initial grading and utility installation on the adjacent private property in conjunction with the new street installation, however the development of the adjacent private properties will be subject to future Site Design Review as individual buildings are proposed.) COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 391E 14BA; TAX LOTS: 500, 600, 601, 700, 800, 900 and 1000. (Continued from July 14, 2015 Planning Commission Meeting) Commissioner Mindlin read aloud the public hearing procedures for land use hearings. Ex Parte Contact No ex parte contact was reported. Staff Report Associate Planner Derek Severson reviewed the issues raised last month at the commission's initial hearing: • Impacts to Tolman Creek Rd: Mr. Severson stated the applicant's have submitted revised materials and this issue has been resolved. He explained the revised submittals include a 48 ft. parking bay on the new street to off-set some of the lost on-street parking on Tolman Creek Rd. • Independent Way Pedestrian Corridor: The applicant's revised submittals address this element as well. The materials reflect the 13 ft. north side pedestrian corridor recommended by staff, incorporate an 8 ft, sidewalk and 5 ft. tree planting wells, and using structural soil to support the street tree canopy. The revised submittals also reflect a city standard sidewalk and parkrow installation on the south side where a crosswalk connection will be provided to the north side sidewalk. He noted the one exception that remains is the sidewalk section next to the existing IPCO building; however should this area redevelop in the future, there is adequate right of way to incorporate city standard sidewalks at that time. • Tree Removal and Rough Grading: The revised grading plan and cross section drawings submitted by the applicant clarify the trees which were of greatest concern to the Planning Commission (#14, #15, #22) will be protected and preserved. Mr. Severson briefly reviewed the revised conditions of approval, listed on pages 10-12 of the staff report. He added additional minor modifications the commission may wish to discuss and incorporate include: 1) Condition #4: Modify to read No hardsca o parkrows sha#be required in the area of the bridge crossing... , 2) Condition #14: Modify to include a requirement for the landscape mitigation plan to include detail of the landscape materials to buffer the retaining wall as viewed from Washington St., and 3) Condition #17: Mr. Severson stated staff believes the current language which states 'Development of the site shall be subject to full review under the applicable standards at the time each building is proposed" is sufficient, but if they feel it is necessary the commission could choose to modify this wording. Questions of Staff Staff was asked when the management plan identified in Condition #12 is due and who reviews it. Mr. Severson responded it is required prior to the final approval of the creek corridor plan and it is reviewed by staff. He added the commission could modify the condition to make this clearer if they felt it was necessary. Applicant's Presentation Mike Faught, City of Ashland Public Works Director and Brad Barber, Project Manager/City Surveyor addressed the commission. Mr. Faught stated this project is a public/private partnership and the city is working with the landowner to get this road installed. He commented on the revised materials and stated a driveway location has been moved to preserve trees #14 and #15, and two parking stalls have been removed to save the Ponderosa Pine. He stressed that they are not asking for site plan approval and stated the footprints shown represent the maximum size buildings allowed. He added the actual buildings may be smaller, however they wanted to give some certainty for the driveway locations. Mr. Faught stated Ashland Planning Commission August 11, 2095 Page 2 of 6 the revised street design brings them into full compliance and commented on the re-striping plan for Tolman Creek Rd. He also commented on the importance of the south side crosswalk and the hardscape bicycle and pedestrian corridor on the north side of the new street. Mr. Faught stated they listened to the commission's feedback from the last meeting, met with staff, and have made the requested changes to be consistent with staff's recommendations. Questions of the Applicant Commissioner Mindlin stated the CSA memo, which is now part of the application, indicates the Planning Commission 'must conclude that the proposed building pads are located such that future buildings in these locations could feasibly be designed"and wanted to make it clear that this would require site plan review, which the commission has not done. Mike Thornton, Thornton Engineering, clarified they are not seeking approval for the building pads, only the rough grading plan. Mr. Thornton stated the reason for the grading request is due to the amount of earth moving that is needed to accommodate the road and the future buildings. He added given the fall of the site it makes sense to do this now and gives them a step forward in whatever site plan is ultimately approved. Mr. Severson stated this is similar to the approval process for residential subdivisions; the building envelope locations are identified, but the applicant still has to go through a separate site review process and receive approval. The applicant was asked if it is possible to preserve more trees on the site. Mr. Faught explained they were able to preserve three additional trees and more trees will be added as the site builds out, including street trees, water resource trees, and landscaping trees. Mr. Faught added the end result will be a net increase of trees on the site than what is there now. Applicant's Rebuttal Zach Brombacher11370 Tolman Creek/Stated he has been working with the city on this plan for the last four years and shared his desire to bring more businesses and jobs to Ashland. He pointed out that this is an employment zone and stated they have worked hard to develop a plan that provides for the new road and also takes into consideration the future of the site including parking, landscaping, etc. to make sure it can comply with city standards. Commissioner Mindlin closed the record and public hearing at 8: 00 p. m. Deliberations & Decision Commissioners Dawkins/Brown m/s to approve PA-2015-00422 with the modified conditions of approval outlined by staff. DISCUSSION: Dawkins clarified this motion includes staff's modifications to conditions #4 and #14 and stated this connection is an essential link in the city's transportation system and he is pleased that staff and the property owner have been able to work this out. He added it is clear they are not approving new buildings, that will come later in the process, and stated the future plan for the area with the trees and landscaping will be far better than what is there now. Brown stated the clarifications provided by the applicant really helped and he is looking forward to seeing this completed. He stated tying the two streets together is absolutely necessary and he is 100% in favor of this project. Mindlin stated she is also supportive, but wants to make sure the findings reflect their understanding of what they are approving, and noted page two of CSA's memo include statements she does not agree with. Mindlin explained the following two statements are not accurate: '/n order to appro ve the grading and utility plan as proposed, the Planning Commission must concluded that the proposed building pads are located such that future buildings in these locations could be feasibly designed to comply with the Site Plan Review criteria that pertain to building locations"and 'At its essence, approval of the building pads means that the Planning Commission finds that the proposed locations of the building pads are appropriate to site future buildings under the City's code': Commissioners Mindlin/Miller mis to amend motion to include in the findings that the commission is not agreeing with the two identified statements contained in the CSA memo. Voice Vote: all AYES. Motion passed 6-0. CONTINUED DISCUSSION on motion as amended: Mindlin noted by approving the curb cuts, curbing; and retaining wall locations they are establishing pre-existing conditions that are not self imposed for when the applicant comes back in the future with a development application. Roll Call Vote: Commissioners Brown, Dawkins, Miller, Norton, Pearce, and Mindlin, YES. Motion passed 6-0. Ashland Planning Commission August 11, 2015 Page 3 of 6 Commissioner Miller stated she would not participate in the next hearing and left the meeting. TYPE III LEGISLATIVE PUBLIC HEARING A. PLANNING ACTION: PL-2013-01858 APPLICANT: City of Ashland LOCATION: Normal Neighborhood District Boundary REQUEST: To amend the Comprehensive Plan, Comprehensive Plan Map, Transportation System Plan, and Ashland Land Use Ordinance to implement the Normal Neighborhood Plan. (Continued from July 28, 2015 Planning Commission Meeting) Staff Report Senior Planner Brandon Goldman provided overview of last meeting and stated tonight's meeting focuses on the items identified for additional discussion. He explained based on the commission's previous discussion they may wish to include the following recommendations to the city council: • To allow greater flexibility for cluster housing within the NN-1-5 single family zone, amend Table 18.3.4.040 Land Use Descriptions to list this as "Permitted" under NN-1-5, and amend the Normal Neighborhood plan framework housing type descriptions under "Pedestrian-Oriented Clustered Residential Units" to include NN-1-5 as a zone that permits this use. • At the last meeting the commission discussed wording in the framework document that indicates the use of alleys and rear lanes reduces pavement and questioned if this wording should be stricken. Mr. Goldman stated one section has already been removed, and stated the commission could recommend eliminating "The narrowstreet section of rear lanes reduces the extent of impervious surfaces in the Normal Neighborhood and supports wetland and stream health' from page 28. • To broaden the applicability for shared streets, the commission could recommend amending the Shared Street description in Ordinance #2 to read, 'Provides access to residential uses in an area in which right-of way is constrained by natural features, topography, or historically significant structures. Shared streets may additionally be used in circumstances where a slower speed street, collectively shared by pedestrians, bicycles, and autos, is a functional and preferred design alternative. The design of the street should emphasize a slower speed environment and provide clear physical and visual indications the space is shared across modes." • To expand on the minor amendment process for alterations to the Open Space Network Map to reflect a DSL approved wetland delineation, the commission could recommend the following language be added to 18.3.4.060.A: "5. Conformance with Open Space Network Plan New developments must provide open space consistent with the design concepts within the Greenway and Open Space chapter of the Normal Neighborhood Plan Framework and in conformance with the Normal Neighborhood Plan Open Space Network Map. The open space network will be designed to support the neighborhood's distinctive character and provide passive recreational opportunities where people can connect with nature, where water resources are protected, and where riparian corridors and wetlands are preserved and enhanced. a. The application demonstrates that equal or better protection for identified resources will be ensured through restoration, enhancement, and mitigation measures. b. The application demonstrates that connections between open spaces are created and maintained providing for an interlinked system ofgreenways. c. The application demonstrates that open spaces function to provide habitat for wildlife, promote environmental quality by absorbing, storing, and releasing stormwater and protect future development from flood hazards, d. The application demonstrates that scenic views considered important to the community are protected, and community character and quality of life are preserved by buffering areas of development from one another. " Mr. Goldman concluded his presentation and stated the commission's recommendation will be forwarded to the city council for consideration on September 1, 2015. Mr. Molnar noted the city's Public Works Director Mike Faught is present and can answer any questions the commission has regarding the transportation system or city water supply. Ashland Planning Commission August 11; 2015 Page 4 of 6 Mr. Faught addressed the commission. He explained when a development proposal comes forward for this area with the applicant wanting to connect to East Main St, the city will require a 250 ft. transition in either direction that will be a three- lane configuration on East Main St and will also require a bicycle and pedestrian connection for the full length. He added any additional development to the area will likely trigger the full length of East Main St to be improved. Regarding the railroad crossing, he explained any development on that end of the project area will trigger the need to change this from a private to a public crossing and the installation of a traffic signal at Normal Avenue and Ashland Street. Mr. Faught was asked to comment on the testimony the commission received about the potential impact development will have on the city's water supply. Mr. Faught stated the current water master plan includes the assumption that the city will have a drought every few years and if the city continues to grow at 1 % per year, the water supply is good through 2038 and up to 2060. He noted the city is getting started on a new master plan and they will run new assumptions to confirm the estimates are accurate, and stated they can make adjustments if necessary once the city starts receiving proposals for this area. He added while this is a large area to be developed with 450 potential units, it is not likely this will be built out very quickly. Mr. Molnar clarified it is against the law to use water supply as a growth regulator. He explained if you want to limit growth due to lack of a public facility, the city would have to go through the process to enact a moratorium and are required to create a plan on how you are going to work your way out of it. He added each city needs to accommodate their fair share of the growth and Ashland has already made the finding through our master plans that we have the supply. He noted the city's growth projections used in the master plans have been conservative and actual growth is quite less. Mr. Faught stated the city can do a better job in updating their master plans if they know what it going to be in these areas in the future. He added if this plan is approved he will turn it over to his engineers for more analysis and it will assist them in future master planning. Public Testimony Bryce Anderson/2092 Creek Dr/Stated 1,000 ft. of the East Main St area to be improved fronts Ashland Middle School and stated 35%-45% of the total cost will be allocated to them. Mr. Anderson stated unless the developers pay for this section this plan does not adequately provide for the improvements. He added the East Main Street improvements should be completed before any development is approved. Randy Jones/815 Alder Creek Dr, Medford/Stated he represents several property owners in the plan area and they would like to create workforce housing that is affordable to teachers, fireman, etc. He voiced his appreciation for the compromises that have been made and for the flexibility that has been built into the plan. Mr. Jones stated the working group worked very hard and encouraged the commission to look closely at the amendments brought forward by the working group and talk with those members before they make any modifications. Sabra Hoffman/345 Scenic Dr/Stated the 2011 Buildable Lands Inventory states 1,800 buildable lots are available and stated this in addition to the 450 proposed units would need to be factored into the downturn of the city's water resources. David Hoffman/345 Scenic Dr/Stated he does not believe the Buildable Lands Inventory has been considered as nothing in the record for this plan speaks to it. He questioned why they are proposing to add 450 new units when there are already 1,800 sites available within the city limits. Howard Miller/160 Normal/Commented on urban agriculture and stated there is more and more interest in this. Mr. Miller stated there are very few areas in the valley that are better suited for urban agriculture than this area and once this land gets paved over it will be too late. He stated this plan is a mess of assumptions and complexities and stated without clarity he does not think this plan has a future. Deliberations & Decision Transportation: Commissioner Dawkins was asked to comment since he participated on the working group. Dawkins responded that he is comfortable with the plan with the four recommended amendments outlined by staff. He added the plan only establishes the framework and the final road locations and details will come into play when a development plan is Ashland Planning Commission August 11, 2015 Page 5 of 6 submitted. Commissioner Brown also expressed his support with the proposed master plan. He stated they are still on the same page that the East Main St. and railroad crossing improvements need to be done, and stated it may take 20-30 years before this whole development is completed. Commissioners Pearce and Norton also expressed their support. Commissioner Mindlin questioned if the criteria used to determine whether a proposal provides adequate transportation is sufficient. Comment was made that adequate transportation is different from adequate connectivity. Mr. Molnar agreed and stated adequate transportation is evaluated when a proposal comes forward based on the number of units, etc. Mr. Faught commented that the city's standpoint is clear that there needs to be a connection to Ashland St. as soon as possible and the framework document identifies the importance of this connection. Dawkins added the working group was clear that the railroad crossing is critical. Housing: Support was voiced for the two housing amendments outlined by staff. Open Space: Commissioner Mindlin suggested they recommend the major amendment process to alter the Open Space Network Map, but if the city council chooses to stay with the minor amendment process recommend the additional criteria language outlined by staff. Commissioners Brown, Dawkins, and Norton agreed. Commissioner Pearce stated he would be okay with the minor amendment process, but would support this as well. Commissioner Mindlin commented that it seems the working group did not fully vet this issue as it was only discussed at the last couple meetings. Commissioners Brown/Pearce m/s to recommend city council's approval of the three ordinances with the recommended changes outlined in the staff report addendum and discussed by the commission. DISCUSSION: Brown voiced his support for the master plan and stated it lays out the appropriate parameters but still allows for some flexibility. Dawkins commented he agrees with a lot of the public testimony they have received, but that is not relevant to what this plan is about. He stated by doing this they at least get to establish some parameters, and without the plan it can get developed however the landowner chooses, including developing over wetland areas. Roll Call Vote: Commissioners Pearce, Norton, Dawkins, Brown, and Mindlin, YES. Motion passed 5-0. ADJOURNMENT Meeting adjourned at 9:35 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission August 11, 2015 Page 6 of 6 CITY OF -ASHLAND Council Communication September 15, 2015, Business Meeting Appointment of ad hoc Committee on the Ashland City Recorder Position FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY: Mayor Stromberg wishes to appoint an ad hoc committee to study the City's elected city recorder position and make a recommendation to the Council regarding whether to refer to the voters a charter amendment to make it an appointed position. The committee will also look at alternatives to an appointed position, such as leaving it an elected position but putting minimum requirements for office in the charter. BACKGROUND AND POLICY IMPLICATIONS: The Council has held two study sessions (May 4, 2015, and August 31, 2015) to discuss the merits of making Ashland's city recorder position an appointed rather than elected position. Ashland is one of only three cities in Oregon with an elected recorder and it is by far the largest of the three. At the August 31 study session, the Council agreed that an ad hoc committee should examine the various issues surrounding this question and report back to the Council in early February. This examination could lead to recommendations including but not limited to: referring a charter amendment to make the position appointed; referring a charter amendment that leaves the position elected but establishes minimum qualifications for the office; or leaving the position as is but removing the financial/treasury duties of the position. It was suggested at the study session that such a committee might consist of two Councilors, the city recorder and the city administrator. It was also suggested that the committee report its recommendations to the Council in early February, which would allow enough time to place a charter amendment on the May 2016 ballot should the Council choose to do so. The mayor proposes to appoint the following individuals to the committee: • Councilor Stefani Seffinger (chair) • City Recorder Barbara Christensen • City Administrator Dave Kanner • Brian Almquist • Pam Lucas COUNCIL GOALS SUPPORTED N/A Nape 1 of 2 ~r, CITY OF -ASH LAN D FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the mayor's request to appoint an ad hoc committee to study the city recorder position and to ratify his appointments to the committee. SUGGESTED MOTIONS: I move consent to the mayor's formation of an ad hoc committee on the city recorder position and move to ratify the mayor's appointments to that committee. ATTACHMENTS: • Minutes of May 4, 2015 • Minutes of August 31, 2015 Page 2 of 2 lW, City Council Study Session May 4, 2015 Page I ol'3 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, May 4, 2015 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:29 p.m. in the Siskiyou Room. Councilor Lemhouse, Morris, Seffinger, Rosenthal, Voisin, and Marsh were present. 1. Public Input (15 minutes maximum) Louise Shawkat/870 Cambridge Street/Wanted to know when the Conservation Commission's plan to develop and implement a Climate Action Plan would go before Council. City Administrator Dave Kanner responded the Conservation Commission would present the plan at the June 2, 2015 Council meeting. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 3. Options for rehabilitation of the Pioneer Mike statue Historic preservation consultant George Kramer from Kramer and Company provided background on the Pioneer Mike statue dedicated October 1910 as a gift to the city from the Carter family through a $1,000 donation. The statue has stood at the plaza for 115 years and removed twice. Once in 1969 when someone lassoed Pioneer Mike, pulled the statue down breaking the boots and one arm, and since October 2014 when someone broke the arm off in the same place. Southern Oregon graduate Ron Reinmiller repaired the damage that occurred in 1969 using fiberglass and epoxy and the statue returned to the plaza in 1972. The statue was made of zinc and soldered together. Zinc was brittle and over time, repairs weakened the statue. There were four examples of Pioneer Mike in the country. Ashland's was the only one in exterior display. Out of four, only two remained. One was in Ashland and the other in Stone Lake IA. The City of Storm Lake experienced similar issues with their statue that resulted in recasting Pioneer Mike in bronze for exterior display. The original is on interior display at the Buena Vista Historical Society. The statue was originally in contrapposto posture but repaired flatfooted in 1969 for additional stability. There were two options. One was continue to repair the statue as needed and if Council chose that option, Mr. Kramer strongly recommended the City have a mold made. The other option was accepting the City of Storm Lake's offer to allow the City to send a mold-maker and model their bronze casting. The City would display the bronze replica at the plaza, repair the original, and display it at an interior location. Pioneer Mike was on the national register. The Oregon State Historic Preservation office was aware of issues with cast zinc statues and was comfortable with the City replacing the statue with a bronze replica. Mr. Kramer referenced page 25 of his report and clarified costs. Repair damage for exterior installation was $10,000 and $1,500 for interior display. With fountain repair costs included, the Repair Option was $35,500. The Replication option would cost $47,000-$57,000. Council supported replicating the statue in bronze and repairing the original for interior display. Mr. Kanner noted there was one-time money in the budget for possible replication, $8,500 from the insurance company, and the insurance company would pay the $10,000 deductible. Council suggested looking at the fountain in front of the library that did not work and restoring the Abraham Lincoln statue in Lithia City Council Study Session May 4, 2015 Page 2 of 3 Park. The Public Arts Commission and Historic Commission could do an inventory of the current statues and fountains in need of repair and make recommendations, including the replacement of Pioneer Mike with a bronze statue. Mr. Kramer and Council discussed not repairing the flatfooted original and keeping it as part of Ashland's story. 4. Discussion of City Recorder compensation and Charter amendment Councilor Lemhouse explained this was City Recorder Barbara Christensen's final term and she would not seek re-election when it ended. Councilor Lemhouse stated that the discussion should be focused on whether the salary and the formula used to set the pay for the City Recorder position was right and if the position should continue as an elected position. Council confirmed the City Charter dictated the formula for salary calculation and it would require an amendment to change the salary formula or change the position from elected to appointed. There were two other cities in Oregon with elected city recorder positions. City Administrator Dave Kanner compiled position descriptions for the city recorder from cities in the state that closely matched the City of Ashland City Recorder job duties and city size. The City considered all forms of increased compensation that management and supervisory employees received when calculating the average increase and applied it to the recorder and municipal judge. Ashland's city recorder was not a classified employee and did not have a pay range with steps. Both the city recorder and municipal judge received a salary and did not get cost of living adjustments. Council noted the technical requirements required of the recorder's office and there was no guarantee the City would get an elected recorder that matched Ms. Christensen's high quality, character, and ethics. Council discussed paying the position like a department head if the position remained elected. Alternately, this was an opportunity to modernize the position, make it appointed, and get input from Ms. Christensen on how it should look. Mr. Kanner clarified if Council wanted to refer a charter amendment he recommended not making it effective until the expiration of the current city recorder's term. Mayor Stromberg added having the amendment go into effect at the end of the current incumbent's term or whenever that incumbent left the position. Other comments suggested changing the position but retaining the elected status and addressing qualification concerns, have the city recorder's salary relate to department head salaries, not supervisor pay, and when the amendment passed, offer that pay increase to the current city recorder. Council wanted to review the pros and cons. Mr. Kanner further clarified the top of range for a current city recorder was similar to what Ms. Christensen was earning. An analysis of the required duties and what that type of position was paid in comparison to other city positions, along with an analysis of comparable positions in similarly sized jurisdictions would result in the top salary range close to the current recorder's salary. He did not consider the recorder a department head position. The scope of resources affected by the position, independent judgment, and decision making factored into a classification did not justify treating the city recorder position as a department head. It was a confidential-administrative position below a senior management or deputy police chief role. Staff would need to do a comprehensive analysis to determine actual classification. If Council decided to pursue changing the position to appointed, they could remove the city recorder language from the Charter and create the city recorder position through a code amendment. Mayor Stromberg added the investment policy side of the city recorder and city treasurer would go into the Finance Department. The intention was a clean transition with the current elected recorder's era ending with Ms. Christensen and moving into a classified position in the City. Mr. Kanner noted almost all city recorder positions reported to the city administrator or city manager. City Council Study Session May 4, 201 Page 3 of 3 Council was interested in knowing the reasoning behind the 1974 change. In 2002, Council did not recommend changing the city recorder position because Ms. Christensen did not support the change. This time Ms. Christensen supported looking into changing the position from elected to appointed. Other Council comments wanted to look at options regarding electing or appointing the position. Mr. Kanner commented elected offices in the country were reserved for policymaking positions and the city recorder was not a policy making position. It was an administrative, professional, technical position that worked within a prescribed set of rules regarding public meetings and information, and records retention. The city recorder implemented the policy of state and local legislative bodies. The elected county clerk ran the elections. The county needed someone who could exercise independence in the running of an election. The Ashland city recorder filed paperwork for the elections and did not run them. Staff would provide the pros and cons regarding whether to keep the position elected or appointed along with options that preserved the position but modernized it in the City Charter. 5. Discussion of quorum requirements for boards and commissions City Administrator Dave Kanner explained the request to change the codified definition of a quorum came from the Public Arts Commission. Council considered changing the quorum in 2012 and at that time elected not to make that change. Public Arts Commission member Margaret Garrington further explained the Commission's difficulties filling the 7-member maximum. Typically, the Commission had four people, and currently had six. Other issues were meeting quorun requirements on a monthly basis. Council suggested changing quorum requirements to mandate a minimum number of votes required to make a recommendation or pass a motion. Currently the Planning Commission had the final vote in a decision unless appealed. Other decisions by commissions ultimately went through Council, there would never be a time three commissioners could make a decision that was final. The quorum could have a minimun of three votes to make a recommendation. Council noted there were twelve commissions and three, the Public Arts, Transportation, and Tree Commissions had challenges getting members and suggested reviewing and improving recruitment processes. Possible other reasons for low recruitment could be attendance requirements or retaining the interest of commissioners and keeping the commissions working. Council majority directed staff to bring back an ordinance lowering quorum requirements with a minimum amount of votes to establish an action. Opposing comments did not want to give staff direction regarding quorum and wanted to address the root cause of quorum issues instead. Council also wanted to know the methodology on recruitment, other strategies to gain interest in commissions, and have someone contact commission chairs for their input. Meeting adjourned at 7:00 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder City Council Study Session August 31, 2015 Page 1 of 3 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, August 31, 2015 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:30 p.m. in the Siskiyou Room. Councilor Rosenthal, Voisin, Marsh, Morris, Lemhouse, and Seffinger were present. 1. Public Input Huelz Gutcheon/2253 Hwy 99/China had twice as much greenhouse gas emissions than the United States. However, the United States had more per capita. The president wanted greenhouse gas emissions reduced 20% by 2030. He recommended watching President Obama's talk at the Natural Clean Energy Summit on YouTube. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 3. Discussion of City Recorder charter amendment City Administrator Dave Kanner explained Council needed to review the information ou changing the City Recorder position from elected to appointed and decide next steps if any. Alternately, some of the content in the City Charter was outdated and required updating. Councilor Marsh addressed the Charter Commission that previously reviewed potential changes to the Charter and explained the commission never put a vote to the public. The City Recorder did not support changing the position to appointed at that time and the Commission did move forward knowing that information. City Recorder Barbra Christensen explained it was an honor to serve the community as the elected City Recorder and Treasurer. She respectfully disagreed with the comments and opinion presented by the City Administrator but understood his reasons. She provided examples that showed her office was its own department and worked intricately with all City departments as well as banking and treasury management services. Independent judgement was important in the office and being able to make decisions based on law or information she had was part of the position. She understood the concerns and issues on having the position appointed or elected. She had full confidence in the community. They were aware of who they elected into office. There was never an elected City Recorder unable to fulfill the duties of this office. Charter provisions allowed the Council to remove a Recorder not able to perform the duties. The position and duties had evolved over the past twenty years. She was willing to discuss retaining some of the duties but reluctant to change the position from elected to appointed. It was important to have the advantage of a full time elected official at City Hall, to be impartial and autonomous. It was a perceived sense of security for the citizens and an honored historical part of the history. Having an elected city recorder was not normal in Oregon but was in other states throughout the country. If there were cons, they should figure out a way to resolve them. She wanted the office better utilized and to be part of the team like any other department. Since the Recorder's office was intricately involved with other departments, receiving updates on future projects would be helpful. Ms. Christensen attended Department Head meetings in the past but had not for several years. City Council Study Session August 31, 2015 Page 2 of 3 The City Charter defined Recorder responsibilities while City Treasurer duties were written in the Charter regarding bonds and in the Ashland Municipal Code (AMC). Currently, banking was electronic, complicated, and had evolved almost into its own entity. Ms. Christensen used an incident with a former City Administrator who did not follow contract rules as an example where an elected Recorder position was beneficial. A series of records requests through her office unveiled misconduct issuing contracts by the City Administrator at that time. Council asked what Ms. Christensen thought about having the Recorder position appointed by the Mayor and Council. Ms. Christensen supported that slightly more than appointment by the City Administrator. The community ultimately made the decision. She thought whatever was decided had to have full support of the Council. City Attorney Dave Lohman thought it might be possible to establish minimum qualifications for an elected position. Council comment observed the Recorder position had been elected for over one hundred years without issue. Response noted the position was salaried, had evolved over time, and required qualifying skills. Council discussed forming a subcommittee to determine whether the position should be appointed or remain elected and possibly shifting duties to other departments. If a change went to the voters, it should go on a special election versus a primary, possibly with the school board election May 2017. Some Councilors did not support making the position appointed but were interested in possibly separating duties through an ordinance. Mr. Lohman addressed establishing qualifications through an ordinance and clarified the Charter could not be overridden by an ordinance. Council majority supported forming a subcommittee to review appointing the Recorder's position or keeping it elected and reviewing current duties. The subcommittee would also clean up areas in the Charter that required updating. Ms. Christensen would be a part of the subcommittee with the Mayor, one councilor, and citizens. The Mayor and Council discussed a subcommittee versus an ad hoc committee and decided on an ad hoc committee. Ms. Christensen suggested the City Administrator be part of the ad hoc committee as well. 4. Ashland Fire & Rescue operational and staffing information Mayor Stromberg explained this was part two of the discussion begun at the August 3, 2015 Study Session regarding Ashland Fire & Rescue (AF&R). There was a core conflict between fire and emergency services and medical transport. Part 2 of the discussion encompassed options to resolve staffing through possibly adjusting, consolidating, or eliminating functions. Fire Chief John Karns explained the primary issue was not having enough staff to respond appropriately to the call load. For second or third alarm fires, AF&R used resources from Fire District 3 and Fire District 5. However, call load and staffing issues occurred daily. There were three ways to address staffing and the increased call load. One was hire more personnel for line duty. The second was reduce the call load. The third was researching the possibility of replacing the municipal department with a special district concept where Fire District 5 absorbed AF&R or created a new special district with Fire District 5. Funding for a Special District used taxes between the district and the taxpayer. The municipal property tax would decrease and the net funding would be greater. City Administrator Dave Kanner clarified the district would have a maximum tax rate set by the ballot measure that created the district. The City had no way of reducing Ashland's permanent tax rate. Any reduction in taxes the City collected would be voluntary and an annual or biennial budget decision. Chief Karns further clarified a special district would help fund the department and provide the resource level needed. City Council Study Session August 31, 2015 Page 3 of 3 Battalion Chief David Shepherd explained AF&R and Fire District 5 requested support for one another weekly. Mr. Kanner clarified only taxpayers in Fire District 5 pay Fire District 5 taxes. County taxes did not pay for the district. Ambulance service was not a tax-based system. It was a fee for service system. Refusing the non-emergent transport would result in lost revenue. Mercy Flights might be interested in taking over that call load but would not reimburse AF&R. Mercy Flights had similar resource challenges as well. Chief Karns thought going to an 8-10 staffing level would keep initial costs down and provided a benefit of having ten people on duty during certain times. It was not a resolution but a reasonable starting point until the department was at a 9-10 staffing level. Currently AF&R was at 8-9 staffing level. Due to vacation time, AF&R allowed two employees off on any given day leaving a staff of seven. The department paid an employee overtime to maintain an eight person staffing level. The 8-10 staffing level would allow two people off without incurring overtime. An 8-10 staffing level meant hiring three firefighters, one for each shift and would eliminate 5,300 hours paid in overtime that totaled $317,000. Salary and benefits for an entry-level firefighter was $109,000 with a step increase at six months. The appropriate staffing level for AF&R was 10-1 l . Going to a special district could cause the City to lose programs like the Fire Adapted Communities, emergency management preparedness, and fire inspections. A special district formed within Ashland would enable the programs to remain. Special districts minimized duplication of services and having borderless departments maximized resource deployment. Consultant costs to analyze the potential of forming a special district were approximately $40,000. Mr. Kanner noted other options that included hiring new employees at a level who were not certified but were Emergency Medical Technicians (EMTs) that did nothing but drive ambulances. Chief Karns explained transports required paramedics by contract. AFR transported approximately 1,700 people a year. Another option Mr. Kanner suggested was contracting with Fire District 5 to provide fire and emergency medical services (EMS). To have a viable fire department long-term required adding staff and that would be expensive. In the current budget process, it was a $1,000,000 in add package requests and there was not enough funds. The City needed to focus on what was most critical at that time and preference was given to those things that did not incur ongoing costs beyond the current budget cycle. The present discussion on AF&R had implications for the next budget cycle and possibly the budget following. The City had outgrown its ability to fund the fire department at an adequate level. The demand for service had outgrown the available money. Reducing the call load would eliminate the ambulance transport service with an approximate loss of $671,000 in revenue. AF&R would still be understaffed. Response times would be similar. The time difference would occur with the transporting resource. Council wanted information and options on forming a special district, merging with Fire District 5, a residential fire sprinkler ordinance, and achieving a staff level of 8-10 that included where the money would come from and what programs might get cut. Meeting adjourned at 7:20 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder CITY OF -AS H LAN D Council Communication September 15, 2015, Business Meeting Appointment to Housing & Human Services Commission FROM: Barbara Christensen, City Recorder, christeb aashland.or.us SUMMARY Confirm Mayor's appointment of Thomas Gunderson to the Housing & Human Services Commission with a term to expire April 30, 2018. BACKGROUND AND POLICY IMPLICATIONS: This is confirmation by the City Council on the Mayor's appointment to the Housing & Human Services Commission. Ashland Municipal Code (AMC) Chapter 2.17.020 STAFF RECOMMENDATION AND REQUESTED ACTION: Motion to approve appointment of Thomas Gunderson to the Housing & Human Services Commission with a term to expire April 30, 2018. SUGGESTED MOTION: Motion to approve Thomas Gunderson to the Housing & Human Services Commission with a term to expire April 30, 2018. ATTACHMENTS: Application Page I of I rte, CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email chrisrebj'&astiland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Thomas J Gunderson Requesting to serve on. Housing and Human Services (Commission/Committee) Address 1045 Pinecrest Terrace Ashland Occupation Retired Social Service Administratorphone: Home 541 821-2472 Work Email nan.tom@charter.net Fax 1. Education Background What schools have you attended? Cal State Fullerton Sociology BA What degrees do you hold'? University of Chicago Social Work MSW What additional training or education have you had that would apply to this position? Oregon Licensed Clinical Social Worker 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? See Attached Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? Yes,I would seek out conferences and other opportunities to expand my knowledge on issues relevant to the work of the commission 3. Interests Why are you applying for this position? I am retired and believe I have knowledge and skills that could benefit the community. 4. Availabilitv Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? I am available to attend special meetings and can attend day or evening meetings 5. Additional Information How long have you lived in this community? Since March 1994 Please use the space below to summarize any additional qualifications you have for this position 1 led an Ashland based non profit social service agency for 20 years. I voluntered for the Ashland Emerqtncy food hark for several rs I helped the food bank develop space on 2nd street I developed the application for not for profit status for the food bank independent from Church Women United t voluntered for meals on wheels for several years I developed a project with the Ashland DFYS office to work with at risk children and their mothers am interested in improving access to physical and mental health services, affordable housing and utilities, emergency food needs, services for homeless people and partnerships with local non profits. Date Signature f~ Gunderson Education: California State University Fullerton BA Sociology 1966 University of Chicago School of Social Service Administration AM (MSW) 1970 Portland State University Public Administration (no degree ) 1993 Licensed Clinical Social Worker (LCSW) Retired (Oregon) Professional Experience: Community Organizer (Vista Volunteer) Committee on Community Organization Chicago, Illinois 1967-8 Organized food buying cooperative in public housing project serving over 200 families. Cooperative became fully managed and operated by community members. VISTA Trainer Hull House Association 1968-9 Trained Vista volunteers for assignments throughout the country. Mental Health Therapist Jewish Board of Guardians NY. New York 1970-73 Provided individual, group and family therapy for adolescent youth in residential treatment center. Completed 3 Year Advanced training Program in child and adolescent therapy through JBH. Program Director Lincoln Child Center, Oakland CA. 1973-8 Managed residential treatment program for children and 3 group homes for adolescents with severe mental health issues. Obtained Joint commission on Hospital Accreditation. Director of Clinical and Program Services Alaska Children's Services Anchorage AK. 1978-86 Managed residential, group homes, special education, emergency shelter and adventure based programs, Obtained Council on Accreditation Certification, Expanded agency programs, Served as interim Executive director for 12 months. Executive Director Lutheran Family Service of Oregon and SW Washington Portland, OR. 1986-90 Responsibility for statewide social service agency providing refugee resettlement, services for unaccompanied minors, out patient mental health and alcohol and drug treatment programs. Associate Director Fairbanks Mental Health Center Fairbanks, AK. 1990-92 Served as Director of children's mental health programs including residential treatment, therapeutic foster care, outpatient clinic and day treatment and the Alaska youth initiative programs. Obtained hand on experience with state of the art wrap around process and therapeutic foster care. Executive Director Community Youth Services of Washington County Beaverton, OR. 1992-94 Full management responsibility for social service agency including outpatient mental health clinics, alcohol and drug treatment and prevention, youth employment, teen parent services and independent living program for SCF foster children. Funding for this county wide agency was through corporate gifts fund raising events, CDBG grants , City, county and school district grants. Executive Director Family Solutions Ashland OR. (Formerly SOCSTC) 1994-2013 Full management responsibility for this agency serving Jackson and Josephine counties including outpatient therapy, Therapeutic foster care, two residential treatment units, three psychiatric day treatment programs school based counseling in several school districts and wrap around services. During my 19 years as director I expanded this agency from 20 to 130 staff and increased the operating budget from $600,000 to over $5,000,000. CITY OF -ASHLAND Council Communication September 15, 2015, Business Meeting Appointment to Climate and Energy Action Plan ad hoc Committee FROM: Diana Shiplet, Executive Assistant, City Administration, diana.shiplet@ashland.or.us SUMMARY At the August 18, 2015, business meeting, Council approved the formation of the Climate and Energy Action Plan ad hoc Committee and appointed its first five members. Mayor Stromberg is requesting Council confirmation of the appointment of Stuart Green to the committee. Mr. Green currently works as the sustainability coordinator at the Ashland Food Co-op. BACKGROUND AND POLICY IMPLICATIONS: At the March 16, 2015, Council study session, the Conservation Commission, through its Climate/Energy sub-committee, presented a plan framework for a community climate action and energy plan. Consistent with that framework, the Commission presented a request to Council at the June 2, 2015, Council meeting to establish an ad-hoc committee to oversee the planning, development and public process associated with the community Climate and Energy Action Plan. The Committee has begun its work with a core "start-up" group and additional members will likely be added as the process begins to take shape and specific roles and responsibilities are identified. FISCAL IMPLICATIONS: As a formal ad-hoc committee, the meetings will be noticed and staff will provide committee support, meeting agenda/prep and minute taking activities. Due to the wide scope of the plan, staff from multiple departments will be involved in various elements of the project. Overall Climate Action & Energy Plan project budget that includes consultant services to assist in technical data collection and overall plan development was approved in the BN 2015-17 budget with a $120,000 appropriation. STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTION: I move to accept Mayor Stromberg's appointment of Stuart Green to the Climate and Energy Action Plan ad hoc Committee. ATTACHMENTS: None. Page 1 of 1 11FAIR CITY OF ASHLAND Council Communication September 15, 2015, Business Meeting Liquor License Application for Neil Clooney dba Smithfields Pub & Pies FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application from Neil Clooney dba Smithfield Pub & Pies at 23 S 2nd Street. BACKGROUND AND POLICY IMPLICATIONS: Application is for a new license - Change in Ownership. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32) and has been reviewed by the Police Department. In May 1999, the council decided it would make the above recommendations on all liquor license applications. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. SUGGESTED MOTION: I move to approve the liquor license application for Neil Clooney dba Smithfields Pub & Pies. ATTACHMENTS: Liquor License Application Page 1 of 1 . OREGON LIQUOR CONTROL COMMISSION LIQUOR LICENSE APPLICATION Application is being made for: CITY AND COUNTY USE:*NLY LICPISE TYPES ACTIONS Date application received: F011 On-Premises Sales ($402.60/yr) Change Ownership commercial Establishment New Outlet The City Council or County Commission: Caterer Lj Greater Privilege ® Passenger Carrier Additional rlvlle (name of city or county) Other Public Location Other recommends that this license be: Private Club E3 Limited On-Premises Sales ($202.60/yr) ❑ Granted ❑ Denied 0 Off-Premises Sales ($100/yr) By: Q with Fuel Pumps (signature) (date) Brewery Public House ($252.60) Name: Winery ($250/yr) 0 Other: Title: 94.DAY AUTHORITY OLCC Y M Check here if you are applying for a change of ownership at a business that has a current liquor license, or if you are applying for an Off-Premises Applicatio R 'd Sales license and are requesting a 90-Day Temporary Authority APPLYING AS: Date: _ ®Limited Corporation Limited Liability Individuals Partnership Company 90-day authoritY >~(es ❑ No 1. Entity or Individuals applying for the license: [See SECTION 1 of the Guide] 0 9IC2KSHwc' E&)'rR miseS L..L.,C o © o 2. Trade Name (dba): ~5H I TO f1 ews PUB 'PIES 1 752 C7 3. Business Location: 2'3 S 2_ S T f 6HLwD -,pisa) o f 4 (number, street, rural route) DDom~,, (city) (county) (state) (ZIP code) 4. Business Mailing Address: AS pV(~ (PO box, number, street, rural route) (city) (state) (ZIP code) 5. Business Numbers: 5W 4-88 7973 (phone) (fax) 6. Is the business at this location currently licensed by OLCC? UdYes E3No 7. If yes to whom: 0 QQ FIuEQ De- KESCL- &V-Type of License: rLIL,L NQ V H 15 5 8. Former Business Name: P, 0 0~ f (A ~t,+~ 9. Will you have a manager? Yes nNo Name: C CL© 6A / J Yes must fill out an Individual History forth) 10. What is the local governing body where your business is located? RSH (_R t J Q I RC KS0KD (name of city or county) 11. Contact person for this application: Qk_:~1 L CCOO Q C ` f ~?24- (name) (phone number(s)) C - '1 ASR LAO D 012 9 Ic WL I COM (address) (fax number) (e-mail address) I understand that ' m answers are not true and complete, the OLCC may deny my license application. Applicant(s) Sign e s d Date: r " (D Date-71-21115 O Da ' O Date ® Da 1-800-452-OLCC (6522) • www.oregon.gov/olcc (rev. OW011) CITY OF -ASHLAND Council Communication September 15, 2015, Business Meeting Request to Jackson County for transfer of remnant parcels to the City of Ashland FROM: Dave Kanner, city administrator, dave.kanner@ashland.onus SUMMARY: Jackson County is preparing to foreclose on two narrow strips of land in Ashland, after which, by law, the County must auction them off. Ashland has the right to request that these parcels be transferred to the City (at no cost). It is in the City's interest to own these parcels for future road right of way. Since this is in effect a real estate transaction, Council must authorize the City Administrator to request that the County transfer the parcels to the City. BACKGROUND AND POLICY IMPLICATIONS: Jackson County is preparing a tax foreclosure on two remnant parcels of land located between Kestrel Parkway and Plum Ridge Drive, west of North Mountain Avenue. (See highlighted strip on Jackson County GIS map, attached.) Barring the extremely unlikely event that the past due tax bill is paid, the deed to the property will transfer to the County on October 19. These properties, identified on Assessor's maps as 391 E04AC 999 and 391 E04AD 4700, are long, narrow strips of land that total about two-tenths of an acre. They have been assigned a real market value of $1,000 each by the Assessor's Office. These are what are referred to by the Assessor's Office as "omitted properties." They are remnant parcels from long-ago subdivisions that somehow were lost in the County's records. The omission was discovered in 2009, at which time the County attempted to locate an owner to whom the past due tax bill could be sent. However, the last known owner, Thomas Lovesee, died about 100 years ago, at which time the chain of title ends. When the County acquires property through tax foreclosure, it auctions off the property to satisfy the past due taxes. However, the City has a right to request that title to tax-foreclosed property within its jurisdiction be transferred to it. In this case, the City has compelling interest in requesting such a transfer. As can be seen from the attached GIS map, City control of this property is necessary for extensions of Kestrel Parkway, Stoneridge Avenue and Patton Lane into future development to the south. Those portions of the parcels not needed for street right of way could become a utility easement or, if not needed for that purpose, transferred to adjoining property owners. Jackson County requires a written request from the City to affect this transfer. COUNCIL GOALS SUPPORTED N/A FISCAL IMPLICATIONS: There is no cost to the City for acquiring these parcels. Page ] of 2 ~r, CITY OF -AS H LA N D STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends acquiring these remnant parcels from Jackson County as allowed by law. SUGGESTED MOTIONS: I move to direct the City Administrator to submit a written request to Jackson County for the transfer to the City of tax-foreclosed parcels identified on Assessor's maps as 391E04AC 999 and 391E04AD 4700. ATTACHMENTS: Jackson County GIS map of subject parcels Assessor's photos of subject parcels Page 2 of 2 AV NIVINnOW N z N co E E Q 4 o Y o tom- ti LLJJ L,~~ 6^ U c 1~1 h C. i C~i u v O _ v ~ 7 w m CD, L.. c,., LL to O C) l Cf t 4 fl, o 2 r m3 2nw1 F`dnl~ 2 M ~ f (J F-- G3 c t L p Lu Q O O C v. U r O G O t' C+ O cv O L•-., to v_; ~ 4, ~ f~~''1 ~j '7 7 N N C7 b 1 SC~rJIWLil ~ Z N :v IT 0 N G+ Gy £7 T.. ~ m c in ° 0 0 ~lj c;, 74 A iVC7 j i t+ri N 1 cv Nl NNI AP-. u -r Vl cl, N i a IT f fu c~ co CN -T CD o v, u> -r IT Cl) cu N 4 c N C ~ C+ G• t- r 4T C O G ^ O r a Cl> N m C) r C J `V' N C• O J V-, d C Q) O r, ~ O O (6 c~ U (A F- Q1 13 Ir' - TTT a y 44 y r t ~t y4 ~ L -1s t, • YSe r. - sew. J ,:;C4 f g¢ r d aJ . ' r r r 3 a 4 r 4 1J~" X t cS~J•~ Y ~i,~ :ti ~ a M yy q.- r 1 y Jr 1:. G ~ i 1 r ~ lf~, t^ A l - ~ 2 h a 3 3 ~ ~ y{~J y t .y' x 1~F 3'r 4' a Jl F r LL i_ ' c c < r x "•NY ~Qt ti { , - f v CITY OF ASHLAND Council Communication September 15, 2015, Business Meeting Award of Contract to Good Company for a Greenhouse Gas Inventory FROM: Adam Hanks, Management Analyst, adam@ashland.or.us SUMMARY In support of the Climate and Energy Action Plan project, a request for proposals (RFP) was issued to complete a greenhouse gas (GHG) inventory for the community, city operations and the City's electric utility. Four qualifying responses were received by the submittal deadline. An internal evaluation and scoring team reviewed the submittals and collectively recommends a contract award to Good Company, a well respected and experienced firm from Eugene. BACKGROUND AND POLICY IMPLICATIONS: A greenhouse gas inventory is an account of GHG's emitted into the atmosphere over a period of time. The inventory can be used to track emission trends, develop mitigation strategies and policies, and assess progress over time. A GHG inventory is typically one of the first steps taken by entities interested in evaluating and reducing their GHG emissions as part of a community action plan. Inventories can help entities: • Identify the sectors, sources and activities within their target area responsible for greenhouse gas emissions • Understand emission trends • Quantify the benefits of emission reduction activities • Establish baseline data for developing an action plan • Track progress in reducing emissions • Set goals and targets for future reductions • Engage residents and businesses in GHG reduction opportunities 2.50.080 Formal Processes-Competitive Sealed Bidding and Proposals C. The Local Contract Review Board shall approve the award of all contracts for which the Ashland Municipal Code or the Oregon Public Contracting Code require formal competitive solicitations or formal competitive bids. COUNCIL GOALS SUPPORTED: 22. Prepare for the impact of climate change on the community. 22.1 Develop and implement a community climate change and energy plan. FISCAL IMPLICATIONS: The Good Company bid for the GHG inventory totals $46,319, which is funded as part of the $120,000 project funding approved by the Citizens Budget Committee and adopted by the City Council in the Page l of 2 slorwraial CITY OF ASHLAND 2015-17 biennium. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approve a contract with Good Company for the the greenhouse gas inventory project and authorize the City Administrator to execute the contract. SUGGESTED MOTION: I move approval of a maximum contract of $46,319 with Good Company to perform a greenhouse gas inventory for the community, city operations and the City's electric utility. ATTACHMENTS: Greenhouse Gas Inventory Request for Proposals Good Company bid response Page 2 of 2 ! ow Ll CITY OF ASHLAND REQUEST FOR PROPOSAL Municipal, Electric Utility and Community Greenhouse Gas Inventory Due Date and Time: 4:00 PM, Wednesday, August 26, 2015 Contact: Adam Hanks, Project Manager Office of the City Administrator Telephone 541-552-2046 adam(a)ashland.or.us In preparations for a City and Community Climate Action and Energy Plan, the City of Ashland is requesting proposals for its first formal greenhouse gas (GHG) inventory. The inventory will be used in the Climate Action and Energy Plan process to establish an appropriate baseline year and current benchmarks to set targets for future reductions through a variety of potential actions to be evaluated, recommended and implemented by the City, public and private partners and the community at large. The City of Ashland is requesting proposals for the following services: • Complete scope 1, 2, & 3 GHG Inventory for: 1) City of Ashland municipal operations 2) City of Ashland's Electric Utility operations (including wholesale power purchases ) 3) Community of Ashland (within city limits) • Final written and electronic report for each component (city ops, utility) and for overall (community) • Oral presentation of final report findings and analysis • Target completion date of inventory and report is October 31, 2015 (presentation date TBD) • Post inventory and report staff training for ongoing maintenance/updating of GHG inventory Project Requirements 1) GHG inventory work shall be based upon generally accepted inventory protocols, such as those developed by the Climate Registry, ICLEI or other similarly accepted and utilized inventory and reporting protocols for local governments, electric utilities and communities. 2) Develop and provide training materials to assist city staff in the maintenance and updating of the GHG Inventory. 3) Ability, methodology and recommendations for the City to utilize the inventory to develop baselines, benchmarks and establishment of targets for future reductions. RFP - City/Community GHG Inventory, 9/10/2015 Page 1 of 3 City of Ashland Proposals must contain the followinjZ information: • Provide the name, address and telephone numbers of your company, including the name of the primary contact person and his/her telephone number, fax number and email address. • The proposed make-up of the consultant team, including a brief background of their expertise and experience relevant to the proposed project, specifically as it relates to local government and electric utility experience. • Documentation of planned project sub-contractors if applicable. • A statement affirming the applicant's ability to meet the stated estimated project timeline in the proposal for service. If not able to meet the listed target completion date, application shall include applicant's proposed completion date. • Proposed workplan and task level timeline for completion of project services/deliverables • Proposed GHG protocol to be utilized for each of the three elements • Proposed definition or methodology to assist staff in the definition of scope boundaries for each of the two sub-components as well as the overall GHG community inventory • Description of software tools used to conduct GHG inventory (proprietary, cloud based, Excel, etc.) • Description of final report's ability to be utilized to compare inventory results to other similar cities (Oregon primarily) • Statement of the final service/deliverable's ability to function as a valuable baseline technical document for the City of Ashland's Climate Action and Energy Plan process. • Breakdown of bid estimate to include total estimated hours and cost for: 1) Completion of each GHG elernent (City Ops, Utility, Community) 2) Data collection 3) City staff time required for data collection and general project assistance 4) Post inventory and report staff training for maintenance/updating of GHG inventory 5) Breakdown of indirect costs associated with the project 6) Summary of project hours and cost (all three elements) • Additional information: Please provide any other information relevant for consideration. METHOD OF AWARD ORS 279B.070 Intermediate procurements (4) Y 'a contract is awarded, the contracting agency shall award the contract to the offeror whose quote or proposal will best serve the interests of the contracting agency, taking into account price as well as considerations including, but not limited to, experience, expertise, product functionality, suitability for a particular purpose and contractor responsibility under ORS 279B. I10. [2003 c. 794 ¢54] RFP - City/Community GHG Inventory, 9/10/2015 Page 2 of 3 City of Ashland EVALUATION PROCESS Proposals will be evaluated by key City personnel. The City's intent is to award the contract to the proposer whose proposal will best serve the interests of the City of Ashland, taking into account price, as well as other considerations, including, but not limited to, experience, expertise and ability to meet desired estimated project completion date. The following criteria will be used to evaluate submitted written proposals. The criteria weighting is indicated in parentheses. 1) Quality and Experience (25%): Technical experience of firm and proposed subcontractors in performing work of similar mature; qualifications of key personnel; key personnel level of involvement in performing related work; experience working with similar sized communities and public electric utilities in Oregon and the Northwest; record of completing work on schedule and on budget. 2) Project Approach (25%): Understanding of the project requirements, potential challenges, and preferred project approach 3) Assessment by Client References (25%): Feedback from Proposer's former or existing clients on Proposer's performance on other similar projects 4) Project Cost and Availability of Proposer to meet project completion date (25%) After the proposals are reviewed, additional information may be requested for final evaluation. The City of Ashland reserves the right to cancel this RFP at its sole discretion. PROPOSAL REQUIREMENTS Proposals are due by 4:00 PM, Wednesday, August 26, 2015, at the following physical or e- mail address: City of Ashland Adam Hanks, Project Manager 20 East Main St Ashland, OR 97520 adam(&ashland.or.us • Proposals shall contain the required information and provide responses to the key elements within this Request for Proposal. • Late and/or incomplete proposals will not be considered. RFP - City/Community GHG Inventory, 9/10/2015 Page 3 of 3 City of Ashland Municipal, Community, and Electric Utility Greenhouse Gas Inventories Proposal for City of Ashland Presented to Adam Hanks Project Manager City of Ashland Ashland, Oregon 97520 PF Presented by Aaron Toneys and Joshua Proudfoot Good Company 65 Centennial Loop, Suite B Eugene, OR 97401 (541) 341-4663 iqfta.proudfoot@~goodcompany.com s Background: Experience and Expertise Good Company is a 5-person research and management consulting firm that helps organizations better measure, manage and market their social and environmental performance. Sustainability is not just a part-time practice; it is our firm's focus. Good Company has focused entirely on sustainability and climate issues over our 14 years as a firm. Good Company has helped over 120 organizations in the public and private sectors evaluate, plan for and improve their triple bottom line. Good Company's team offers the experience, thinking and skills to perform high-quality GHG inventories for the City of Ashland. We believe we offer some distinct advantages that make us a better value than our competitors. i • Experience: Good Company brings unique experience in sustainability consulting for public and private organizations, and specifically in carbon accounting and climate strategy for municipal governments and utilities. We have served more than eighty clients over the past 14 years, in a dozen states and several foreign countries. • Forward thinking: In addition to experience, our technical team has a track record of doing work that is path-breaking or ahead of the protocols when the protocols are behind the science. Good Company performed several community GHG inventories before protocols were available, as well as a large share of the supply-chain GHG inventories to date for the public sector - accounting for Scope 3 emissions sources that few inventories consider. • Breadth: Good Company has extensive experience with the built environment, ranging across building portfolios (commercial, residential, industrial, agency and campuses), power generation and fuels manufacturing, public works roads and parks, fleets and mass transit systems, recycling and waste management systems and technologies, drinking water and waste water systems, power generation and heavy construction. This diverse experience gives us insight into the wide range of contexts that both operational, community and utility GHG inventories and plans must address. • Cost-effective: Our team offers a thorough but competitive cost proposal. We have developed and refined our process to be efficient - with your time and ours - as well as empowering - through our training and re-useable tools. Good Company has extensive experience training client staff via webinars and other remote support. • Customized: Our Good Company Carbon Calculator (G3Q tool is an effective and flexible tool that we have used to complete over 70 GHG inventories and will be adapted to suit the needs of Ashland for this baeline and future updates. We also developed an Electricy Utility Portfolio Carbon Calculator, based on The Climate Registry's Electric Sector Protocol that can easily be customized for Ashland's Electric Utility. • Communication: Good Company regularly communicates technical results to citizens, elected officials, administrators and technical and non-technical staff in reports and presentations. f 3 The sheer volume of our experience with emissions sources demonstrates our readiness to gather data from a decentralized group of contacts and complete high-quality work in a timely manner. The following table provides a snapshot of the breadth of our GHG inventory experience. This diverse experience has reinforced our knowledge of existing methodologies and strengthened our QA/QC processes. Good Company has completed 45 operational GHG inventories for public agencies and provided inventory training to 18 of those organizations including Portland Metro, Orange County Transportation Authority, Idaho National Laboratory, Eugene Water and Electric Board, and Eugene's wastewater treatment plant. In addition, Good Company has also completed inventories for 9 higher education institutions and 31 private enterprises. Some clients for these sectors include Oregon University System (all 7 institutions), University of Texas - Austin, University of North Caroline - Wilmington, Fresherized Foods, Recology, and American Automobile Association (AAA) - Northern California, Nevada and Utah. Good Company has been a leader in GHG accounting and management for the better part of a decade and in that time we have created our own Excel-based carbon calculator for operational inventories (G3C); a life-cycle calculator for construction projects (G4C); a GHG Good Company Proposal for City of Ashland GHG Inventories 2 I inventory-training program (BASEline); and have developed a cost-effective method of estimating Scope 3 supply chain emissions. Scopes 1&2 (Required) Public Private Reductions in TOTAL Corporations Projects Agencies ( Electricity use (generated and purchased) 45 31 14 90 Stationary fuel use (natural gas, etc.) 45 31 14 90 Fugitive emissions of refrigerant use 45 31 N/A 76 Fleet fuel use (diesel, gasoline, CNG, LNG, 45 31 14 90 Scope Public Private Reductions in (Optional • Recommended) TOTAL Agencies Corporations Capital Projects Solid waste management 45 23 11 79 Employee commute 4S 24 8 77 Business travel (air, car, train, etc.) 4S 23 8 76 Supply chain purchases from operations 30 24 14 68 Supply chain purchases from capital projects 30 24 14 68 Transit access trips 1 1 N/A 2 Benefits of mode shift to transit, congestion 0 1 6 7 relief and land use multiplier Benefits of onsite renewable energy 1 4 6 11 generation Consultant Team Aaron Toneys - Project Manager and Inventory Design Senior Associate, Good Company Aaron Toneys, Senior Associate of Good Company, provides our clients with tool development, technical research, triple bottom line assessments and greenhouse gas inventories. He is the principal developer of our proprietary greenhouse gas inventory calculator, called the Good Company Carbon Calculator (G3C), that streamlines the data collection and annual reporting process for corporate and community greenhouse gas inventories. G3C is the central product in a suite of resources for client-led greenhouse gas inventories. Mr. Toneys focuses on clean technology and the materials and energy recovery industries. Josh Proudfoot - Quality control and Communications Principal, Good Company For 14 years, Josh Proudfoot has led Good Company's sustainability research and management consulting services g as a founder and principal. Most of his work is in service of public infrastructure agencies including transportation i authorities, ports, utilities, renewable energy and fuels developers, waste systems, as well as the engineering and construction firms that serve them. Mr. Proudfoot is the recipient of American Public Works Association's 2014 Award for Individual Achievement in Sustainability for Public Works. 5 Aaron Schwartz - Research and Analysis, Climate Science Associate, Good Company Aaron Schwartz, Associate of Good Company, provides research and analysis to our infrastructure and private clients. Most of his career has been in risk assessments related to climate change and natural hazards in service of the insurance and underswriting industry. Aaron Schwartz is a climate scientist by training and earned a masters degree in Atmospheric Science. Note: No project sub-contractors will be used for this project s Good Company Proposal for City of Ashland GHG Inventories 3 Relevant Work Examples and References Operational and Community Greenhouse Gas Inventories; Setting a Community Carbon Budget; Applying Cost of Carbon Reduction to Climate Action Planning, 2011-present City of Eugene Good Company supported the City of Eugene, Oregon in completing its first greenhouse gas inventory that includes scopes 1, 2 and 3 emissions sources: an inventory of operations for 2008. Good Company provided G3C, a proprietary greenhouse gas emissions calculator, a six-month webinar-based and municipality-focused Operation Climate Collaborative process and one-on-one consulting and problem solving with data collection and modeling. We are currently working with the City of Eugene to update the City of Eugene's Community GHG Inventory using the ICLEI community GHG protocol. This work includes estimating many sources of emissions by scaling state- level data and calculating community emissions from the consumption of goods and services. This work also includes developing a science-based reduction goals by down-scaling global carbon budgets associated with limiting global warming to 1 degree C and 2 degrees C. We are also supporting the City's internal climate action plan by comparing potential GHG mitigation actions using a "cost of carbon reduction" metric (i.e. marginal cost to reduce 1 MT C02e). i Reference: Babe O'Sullivan and Matt McRae, (541) 682-5017/(541) 682-5649, babe.osullivan@ci.eugene.or.us / matt.a.mcrae@c'i.eug_eae~.or.us Operational and Community Greenhouse Gas Inventories and Climate Action Planning, 2010-2014 Portland Metro Regional Government Good Company supported the Portland Metro Regional Government, Oregon in completing its first municipal operations greenhouse gas inventory that includes scopes 1, 2 and 3 emissions sources in its 2008 internal GHG inventory report. Good Company provided G3C, a proprietary greenhouse gas emissions calculator, a six-month webinar-based and municipality-focused Operation Climate Collaborative process and one-on-one consulting and problem solving with data collection and modeling. Our team completed substantial supply chain analysis using EIO-LCA methods. We have done additional work for Metro, including the development of a consumption-based community GHG inventory methodology to provide complete accounting of GHG emissions from households and businesses, such as transportation impacts, material flows, and building energy use. We provided carbon accounting methodology, staff capacity building, and strategic communication assistance. We also provided elements to Metro's organization-wide GHG analysis toolkit, serving all planning and technical disciplines. With Good Company's assistance, this inventory and resulting climate action plan has become a guiding document for i similar regional efforts (see page 15 for an example of the results). i Testimonial: "Metro selected Good Company's G3C calculator for the GHG emissions inventory of our internal operations. We needed a tool that was effective, transparent and affordable. Good Company's Operation Climate Collaborative (now BaseLine) helped us to learn how to use the tool in a collaborative environment with other local governments in the Metro region. As a regional government this approach made sense and has forged an important connection with our local government partners who also used the some tools and methodology to calculate their own GHG emissions. 1 would recommend Operation Climate Collaborative to any public agency looking to build their capacity to estimate their own climate impact; as well as build partnerships ( with other agencies to reduce emissions."- Molly Chidsey, Sustainability Coordinator, Metro Regional i ' Government, Oregon Reference: Molly ChidseY (503) 797-1690, moily.chidsey@oregonmetro.gov Report available at: httR: library.oregonmetro. ov files//metro internal_ghg inventory 8-l0.pdf Good Company Proposal for City of Ashland GHG Inventories 4 i ( I Operational and Electric and Water Utility Greenhouse Gas Inventories, 2008-Present Eugene Water and Electric Board (EWEB) Good Company has completed facility operations and energy portfolio-based greenhouse gas inventories including Scopes 1,2 &3 for the Eugene Water & Electric Board, a municipal water and electric utility. As the primary provider of electricity in the community, EWEB has the responsibility of reliably meeting the demands of customers at a reasonable and prudent cost and at the same time, reducing GHG emissions from their energy portfolio. The overwhelming majority of GHG emissions from EWEB's energy portfolio were associated with contracted electric power resources. The next largest source of GHG emissions was from null power sales of owned, co-owned and contracted electric power resources. EWEB's co-owned biomass cogeneration facilities were also a significant emissions source. Good Company is actively consulting and training EWEB in its fourth iteration of the inventory. Reference: Steve Newcomb, (541) 685-7391, steven.newcomb@eweb.org Wastewater Utility Greenhouse Gas Inventory, 2013 Metropolitan Wastewater Management Commission (MWMC) Good Company performed a complete greenhouse gas inventory of internal operations including the regional wastewater treatment plant, biosolids operations and local and regional pump stations. For this inventory, Good Company developed a wastewater module for its carbon accounting tool, Good Company Carbon Calculator (G3C-WW) using methodologies specific to or adapted for wastewater treatment processes, and high- quality public-domain tools to estimate emissions sources that are not required to report in order to present a more accurate picture of MWMC operational emissions. Wastewater treatment-specific Scope 1 emissions € sources were calculated using either Local Government Operations Protocol (LGOP) (for emissions associated with denitrification and discharge of effluent) or the Canadian of Ministers of the Environment's Biosolids Emissions Assessment Model (BEAM) for emissions associated with biosolids storage, drying and land i application. The biosolids process emissions accounted for the emissions (primarily N20 and CH4) resulting from effluent discharge, nitrogen removal from wastewater, biosolids storage lagoons, biogas combustion, land application of biosolids, and biosolids drying beds. Reference: Sharon Olson, (541) 682-8625, sharon.r.olson@ci.eu_gene.or.us Consumption-Based Community Greenhouse Gas Inventory, 2011 Rogue Valley Council of Governments (RVCOG) Good Company completed a consumption-based community GHG inventory for the Rogue Valley Council of Governments serving 280,000 residents in Jackson and Josephine counties of Oregon. In 2011, the Rogue Valley Council of Governments will be convening a public process to identify and implement carbon reduction strategies and projects. This GHG emissions inventory supports that process by establishing a baseline carbon footprint of consumption in the Rogue Valley region in order to discover the highest-leverage areas for change and to plan long-term GHG reductions. The strategies and projects suggested through this process will focus on both GHG emissions reduction and job creation. Reference: Dan Moore, (541) 423-1361, dmoore@rvcog.org Good Company Proposal for City of Ashland GHG Inventories 5 t Project Understanding The City of Ashland is requesting climate services to prepare their first ever greenhouse gas (GHG) inventories for City operations, City-owned electric utility's portfolio, and City of Ashland community (based on city limits). What is learned from this suite of GHG inventories will support the development of Ashland's City and Community Climate Action and Energy Plan and serve as its baseline of data to help prioritize GHG reduction activities. The City is interested in having these inventories completed by a consultant team as quickly as possible - preferrably by October 31st. After the inventories are complete, the City is would like staff training to allow for future inventories to be completed internally. The inventories will be conducted in accordance to industry standard GHG inventory protocols and best practices, which will include, but not be limited to the following: • The Climate Registry, California Air Resources Board and ICLEI's Local Government Operations Protocol • ICLEI's U.S. Community Protocol for Accounting and Reporting of Greenhouse Gas Emissions I The Climate Registry's Electric Power Sector Protocol • Greenhouse Gas Protocol's (GHGP) Global Protocol for Community-Scale GHG Inventories • Greenhouse Gas Protocol's Scope 2 Guidance • GHGP's Corporate Value Chain (Scope 3) Standard All inventories will include all Scope 1, Scope 2, and Scope 3 emissions (as a available data allows). The completed inventories will include reporting of the six individual greenhouse gasses recognized under the Kyoto protocol and in accordance with the aforementioned protocols as well as in the internationally recognized GHG reporting standard unit of metric tons of carbon dioxide equivalent (MT C02e). The calculation of these emissions will be I fully transparent and delivered in numeric form (within the agreed upon software) and in writing, as a technical appendix of the reports. We will deliver three separate reports, and all associated data and calculations organized into an audit trail, to the City of Ashland. Proposed Project Timeline it is clear from the RFP that the City of Ashland would like the suite of GHG inventories completed as quickly as possible and preferrably by October 31St, 2015 to support parrellel stakeholder engagement efforts. Good Company will do everything in our control to complete this project as quickly as possible by this date. Unfortunately, completion of a GHG inventory requires contributions from many parties and stakeholders outside of the consultant team to collect the necessary data and to review deliverables prior to public reporting. In our experience with over 45 inventories for public agencies, we have never have had a client that could complete a first-time (baseline) GHG inventory in 8 weeks (much less 3 inventories!). What is common, with active city-side management is the completion of the 3 inventories in 4 - 6 months. This is not a function of additional work hours, rather it is a function of city staff response time. Specifically, the time to execute the contract and assemble the project team for the kick-off meetings; data collection response time of City of Ashland staff and other external sources of data; and to cooridinate the City of Ashland internal review of deliverables. We propose beginning this work in September, 2015 with completion as soon as possible, but no later than the end of February, 2016. The final workplan and associated milestones will be finalized, in conjunction with City of Ashland staff, to prioritize completion of inventories in the order that is most valuable in supporting the City's stakeholder engagement. Based on our experience working on similar projects, we anticipate that the month of September will be used to finalize and execute the contract; complete final project planning with City staff; and complete the kick-off meeting(s) for the project. Data collection should be fully in motion by early October. At that point it will be easier for us to assess how much calendar time the data collection phase of the inventories will require. Once data collection is complete - Good Company will finish our work on calculations and drafting the report in 4 weeks. After draft results are submitted to City staff, we anticipate 2 weeks of calendar time will be required for internal review and comments and 1 additional week to finalize the report. Good Company Proposal for City of Ashland GHG Inventories 6 The Gantt chart on the next page describes our workplan and task level timeline for completion of project services and deliverables. The Gantt chart is laid out, assuming that the project ramp-up will be completed during September (contract, kick-off meetings, initiate data collection). The the bulk of inventory work will be completed during October, November, and December. We are aware that our work will be informing preliminary development of the Community Climate Action and Energy Plan; therefore we will provide preliminary inventory results at the end of October to the appropriate stakeholders. Preparation of final deliverables and GHG inventory training for City of Ashland staff will take place during January and February. M rem .111 ,4t~ 1 '1~J 11, 4 Holidays ,f{` 'Final Report i_ Ali Ults Holidays •B:Ed`^-`" ;'„rn~-... 'Final Report ntation 4 ;.t zap .m Final ~3. Report Final Pnrati- i a g~ t I a Y a' Good Company Proposal for City of Ashland GHG Inventories 7 CITY OF ASHLAND Council Communication September 15, 2015, Business Meeting First Reading of three separate ordinances amending the City of Ashland Comprehensive Plan, Comprehensive Plan Maps, Transportation System Plan, and Land Use Ordinance (Chapter 18) to adopt the Normal Neighborhood Plan FROM: Brandon Goldman, Senior Planner, Community Development Department Brandon. Goldman@ashland.or.us SUMMARY The three ordinances presented for consideration amend the Comprehensive Plan, Transportation System Plan, and Municipal Code Chapter 18 (Land Use Ordinance) to implement the Normal Neighborhood Plan. The Normal Neighborhood Plan area includes 94 acres that is presently outside the city limits, yet within the established Urban Growth Boundary (UGB). The existing Comprehensive Plan designations for the area anticipate the future urbanization of this area with single family (SFR) and suburban residential developments. The housing density expected for SFR lands would range from 4.5 to six units per acre on average. Suburban residential lands typically accommodate attached housing options with densities between 7.2 and nine units per acre The Normal Neighborhood Plan will guide future development associated with approximately 94 acres of unincorporated lands within Ashland's Urban Growth Boundary. Upon annexation of properties in the Normal Neighborhood district, the plan establishes land use policies, standards, and guidelines that promote the construction of diverse housing types and a neighborhood network of connected streets, walkways and cycling facilities, while requiring integration of, and protection for, the neighborhood's natural areas, consisting of wetlands, creeks and associated floodplains and riparian areas. The neighborhood plan includes detailed maps and graphics illustrating key objectives while providing flexibility and encouraging innovative development alternatives. BACKGROUND In March of 2011, the City Council directed the Community Development Department to apply for a Transportation and Growth Management (TGM) grant to prepare a neighborhood master plan for the 94 acre Normal Neighborhood area. A detailed scope of work highlighting the key objectives of the plan was produced and the City of Ashland was awarded a TGM grant in May 2012. An extensive public involvement process was undertaken to understand existing conditions, and to develop and refine the plan. In total there have been 50 public meetings over the course of three and a half years where the viewpoints of a variety of participants including the general public, property owners and neighboring residents have affected the plan's evolution. Page 1 of 9 WEIA`, CITY OF -ASHLAND The City Council held public hearings on a draft Normal Neighborhood Plan on May 6, 2014, May 20, 2014, and continued public testimony and deliberations to a special meeting on May 29, 2014. During the May 29`' meeting, the Council directed the establishment of an ad-hoc working group to examine the fundamental objectives that were addressed in developing the plan, as well as conduct a more in depth review of a number of plan elements. The appointed working group included two Planning Commissioners (Richard Kaplan, Michael Dawkins), two City Councilors (Pam Marsh, Mike Morris), and Mayor Stromberg. Over the course of twelve public meetings, held between June 2014 and May 2015, the working group explored each of the specific areas identified by Council. A series of meetings specifically focused on housing and land use, open space and natural resources, transportation and infrastructure, and included an exercise where working group members conceptualized alternative neighborhood plans independent of the original draft proposal. Additionally, a special round table meeting was held (September 18, 2014) where a panel was brought together to provide feedback on what they liked and disliked about the draft plan, identified barriers to agreement, and explored how the plan could be amended to work from their perspective. In consideration of public input provided, and a review of the Planning Commission's recommendations as presented in the Planning Commission Report dated 4/22/2014, the working group drafted a general vision for the neighborhood and formulated a summary list of recommended plan amendments (Working Group memo dated December 2, 2014) for Council's consideration. The City Council directed the working group to work with staff to amend the plan to incorporate the amendments to land use classifications, allowable housing densities, and internal transportation network layout, thus altering the initial draft of the plan the Planning Commission had based the April 22, 2014, Planning Commission report upon. The working group did concur with the Planning Commission's recommendation that the open space areas are a neighborhood defining characteristic and should remain as presented in the original draft plan, however changed the amendment process for potential reductions of open space areas to correlate with approved wetland delineations. Upon review of this open space amendment process change the Planning Commission has provided specific recommendations as outlined within the Commission Recommendations section below. The Council further requested staff obtain cost estimates regarding needed Capital Improvements to East Main Street and the future Railroad crossing at Normal Avenue, and that the working group examine City's potential role in making such off-site improvements. The working group determined that a public railroad crossing and improvements to East Main St., are integral and should proceed in concert with development and recognized that the city may need to play a role in the financing/ implementation of these projects. The Public Works Department and Hardy Engineering completed a general cost analysis for improvements to public rail crossing and East Main Street and further evaluated the role of private and public financing. which was presented to the Working Group on April 15, 2015. Upon review of the Hardy Engineering Executive Summary the working group amended the plan framework to include a new section, Advance Financing and Phasing of Public Improvements (p30), that acknowledged that a phased approach to East Main Street improvements may be an option to consider with future annexation proposals, and that the City would consider the participation in an advance financing district to assist in acquiring full street improvements at the initiation of development within the area. Page 2 of 9 CITY OF -ASH LAN D The Normal Neighborhood Plan is comprised of Normal Neighborhood Plan Framework document, official Normal Neighborhood Plan maps, and the proposed Normal Neighborhood District land use ordinance amendments (Ch. 18.3.4). Collectively these documents create the underlying physical form and regulatory structure for the area's future development. Development of this area is expected to occur in an incremental way, as individual parcels propose annexation for specific housing developments. The adoption of a Neighborhood Plan for the area will ultimately provide a general framework for evaluating future annexation requests to ensure that in addition to housing the coordination of streets, pedestrian connections, utilities, storm water management and open space are considered as part of development proposals. A detailed description of the proposed Normal Neighborhood plan's land use, transportation, and open space, frameworks is provided in the attached Planning Action (PL-2013-01858) Staff Report dated July 28, 2015, and Staff Report Addendum dated August 11, 2015. NEXT STEPS Upon approval of first reading of the Normal Neighborhood Plan's implementing ordinances, the final plan and ordinances, as amended, will be presented to the City Council for second reading on September 15, 2015. COUNCIL GOALS SUPPORTED: Goal 7. Keep Ashland a family friendly community: 7.3 Support land-use plans and policies that encourage family-friendly neighborhoods. Goal 13. Develop and support land use and transportation policies to achieve sustainable development. 13.1 Create incentives and ordinances for energy-efficient buildings. 13.2 Develop infill and compact urban form policies. 13.3 Support alternative transportation choices. Goal 14. Encourage and/or develop public spaces that build community and promote interaction. FISCAL IMPLICATIONS: N/A. COMMISSION RECOMMENDATIONS Transportation Commission To evaluate the changes made by the Working Group to the Normal Neighborhood Plan's transportation elements, the Transportation Commission held a public hearing on April 23, 2015. The Transportation Commission approved a motion (5-0) to recommend approval of the amendments to the Transportation System Plan, and Shared Street classification as follows: Accept the presented revised plan as an amendment of the TSP with the following conditions: 1) Should the development occur along East Main, at a minimum, a sidewalk is to be developed between Walker and Clay Street. 2) Should the development occur along the railroad tracks, at a minimum, the railroad crossing needs to be completed. These recommendations have already been incorporated into the Normal Neighborhood Plan Framework's Mobility section (pg 30) as is presented to the City Council for consideration. Housing and Human Services Commission The Housing and Human Services Commission did not hold a public hearing regarding the draft plan Page 3 of 9 CITY OF -ASHLAND and as such provided no formal recommendation pertaining to plan adoption. Upon being updated on the plan and future development potential of the area, the Commission did express the importance of the area in meeting Ashland's affordable housing needs and they emphasized the value of integrating affordable housing throughout the plan area consistent with the existing requirements of the City's annexation ordinance. Planning Commission The Planning Commission unanimously recommended approval of the Normal Neighborhood Plan's land use framework, transportation framework, open space framework, and implementing Land Use Ordinance (Ch. 18.3.4) with the following specific recommended amendments to Ordinances 1, 2, and 3, as outlined below. These recommendations have not been incorporated into the Normal Neighborhood Plan pending City Council direction at First Reading. Ordinance #I -Comprehensive Plan amendments o Elimination of a sentence within the framework document (pg 28):that indicates the use of alleys and rear lanes reduces pavement: ■ "the narrow street section of rear lanes reduces the extent of impervious surfaces in the Normal Neighborhood and supports wetland and stream health o Amend the Normal Neighborhood Plan Framework housing types description for Pedestrian- Oriented Clustered Residential Units (pg.8) to newly include NN-1-5 as a zoning classification that permits such units. ■ This change pre-supposes a related change to the Land Use Ordinance (43) to include Pedestrian Cluster Housing as a permitted use within the Single-Family zoning designation (NN-1-5). Ordinance 92 - Transportation System Plan o Broaden the Shared Street description to allow this new street type to be applied in areas other than those that are physically constrained. If directed by Council to amend the description staff would revise the proposed language to read as follows: ■ Provides access to residential uses in an area in which right-of--way is constrained by natural features, topography or historically significant structures. The Shared streets may additionally be used in circumstances where a slower speed street, collectively shared by pedestrians, bicycles, and autos, is a functional and preferred design alternative. The design of the street should emphasize a slower speed environment and provide clear physical and visual indications the space is shared across modes. Ordinance 93 - Land Use Ordinance o Amend Table 18.3.4.040 Land Use Descriptions to list the "Pedestrian Clustered Housing" as a "Permitted" (P) use within the NN-1-5 zone o Amend the Major and Minor amendment sections (l 8.34.030c) to require any reductions in open space obtain a major plan amendment, and only alterations that do not reduce the size of a designated open space be permitted through the minor amendment process. ■ Should the Council elect to maintain the minor amendment process for open space reductions due to approved wetland delineations, as was recommended by the Working Group, the Planning Commission recommend the revisions to 18.3.4.060 presented below to clarify the criteria to be evaluated in granting such a minor amendment. ■ Staff supports the Planning Commission's recommendation to amend the Normal Neighborhood District Site Development and Design Standards to incorporate the proposed Page 4 of 9 _ 1OFFFA"A CITY OF ASHLAND section 18.3.4.060.A as presented below, which would codify the "stated purpose" of open space. Staff believes this newly proposed section should be added to the Normal Neighborhood District standards independent of the decision to require either a minor or major amendment process for reductions in open space areas. Amend the Normal Neighborhood District Site Development and Design Standards (18.3.4.060) to directly reference the language in the framework document, and to include a stated purpose for open space within a new section as follows: 18.3.4.060 A 5. Conformance with Open Space Network Plan New developments must provide open space consistent with the design concepts within the Greenway and Open Space chapter of the Normal Neighborhood Plan Framework and in conformance with the Normal Neighborhood Plan Open Space Network Map. The open space network will be designed to sport the neighborhood's distinctive character and provide passive recreational opportunities where people can connect with nature, where water resources are protected and where riparian corridors and wetlands are preserved and enhanced a The application demonstrates that equal or better protection for identified resources will be ensured through restoration enhancement and mitigation measures. b The application demonstrates that connections between open spaces are created and maintaine providing~for an interlinked system of greenways. c The application demonstrates that open spaces function to provide habitat for wildh e, promote environmental quality by absorbing storing, and releasing stormwater, and protect future development from flood hazards, d The application demonstrates that scenic views considered important to the community are protected and community character and duality of life are preserved by buffering areas of developmentf~om one another. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff believes the revisions that have been made by the Working Group refined and improved the neighborhood plan, and are largely consistent with the original goals and objectives (see attached) for the planning project. Staff recommends Council approve first reading of the ordinances amending the Comprehensive Plan, Comprehensive Plan Map, Transportation System Plan, and Land Use Ordinance as presented below: Council approval of Ordinance #1 (as presented, incorporating the Planning Commission recommendations, or with specific recommended changes) would affect the following: • Amend the Comprehensive Plan Map creating a plan designation for the Normal Neighborhood Plan District • Amend the Introduction and Definitions, and Housing Element of the Comprehensive Plan to incorporate the Normal Neighborhood district and land use classifications as proposed. • Adopt the Normal Neighborhood Plan Framework as a Comprehensive Plan supporting document . Council approval of Ordinance #2 (as presented, incorporating the Planning Commission recommendations, or with specific recommended changes) would affect the following: Page of 9 Imo, CITY OF ASHLAND • Amend the Transportation System Plan to incorporate the Normal Neighborhood Street network as proposed: o Amend the Street Dedication Map (TSP Figure 10-1) to incorporate the plan area's proposed Street Network, and reclassification of Normal "Avenue" to be a Neighborhood Collector. o Amend the Planned Intersection and Roadway Improvement Map (TSP Figure 10-3) to include East Main Street as a Planned Roadway Project. o Amend the Planned Bikeway Network Map (TSP Figure 8-1) to incorporate the planned multi-use trails within the Normal Neighborhood Plan. • Amend the Street Design Standards (Chapter 18.4.6) to incorporate the new Shared Street classification. Council approval of Ordinance #3 (as presented, incorporating the Planning Commission recommendations, or with specific recommended changes) would affect the following: • Amend the Land Use ordinance to include the Normal Neighborhood District Chapter (18.3.4) including the Normal Neighborhood Plan Zoning Classification map, and Site Development and Design Standards. SUGGESTED MOTION(S): Individual motions are required to address each of the three proposed ordinances separately: Ordinance 1 I move to approve the first reading by title only of an ordinance titled: "AN ORDINANCE AMENDING THE CITY OF ASHLAND COMPREHENSIVE PLAN TO ADD A NORMAL NEIGHBORHOOD PLAN DESIGNATION TO CHAPTER II [INTRODUCTION AND DEFINITIONS], ADD THE NORMAL NEIGHBORHOOD LAND CATEGORIES TO CHAPTER IV [HOUSING ELEMENT], CHANGE THE COMPREHENSIVE PLAN MAP DESIGNATION FOR APPROXIMATELY 94 ACRES OF LAND WITHIN THE CITY OF ASHLAND URBAN GROWTH BOUNDARY FROM SINGLE FAMILY RESIDENTIAL AND SUBURBAN RESIDENTIAL TO THE NORMAL NEIGHBORHOOD PLAN DESIGNATION, AND ADOPT THE NORMAL NEIGHBORHOOD PLAN FRAMEWORK AS A SUPPORT DOCUMENT TO THE CITY OF ASHLAND COMPREHENSIVE PLAN," [with the following changes...] and move the ordinance on to second reading. Ordinance 2 I move to approve the first reading by title only of an ordinance titled: "AN ORDINANCE AMENDING THE STREET DEDICATION MAP, PLANNED INTERSECTION AND ROADWAY IMPROVEMENT MAP, AND PLANNED BIKEWAY NETWORK MAP OF THE ASHLAND TRANSPORTATION SYSTEM PLAN FOR THE NORMAL NEIGHBORHOOD PLAN AREA, AND AMENDING STREET DESIGN STANDARDS WITHIN THE ASHLAND MUNICIPAL CODE CHAPTER 18.4.6 TO ADD A NEW SHARED STREET CLASSIFICATION", [with the following changes ...]and move the ordinance on to second reading. Ordinance 3 1 move to approve the first reading by title only of an ordinance titled: "AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE CREATING A NEW CHAPTER 18.3.4 NORMAL NEIGHBORHOOD DISTRICT, AMENDING CHAPTER 18.2.1.020 TO ADD A NORMAL Page 6 of 9 ~r, CITY OF ASHLAND NEIGHBORHOOD ZONING CLASSIFICATION, AND AMENDING CHAPTER 18.2.1.040 TO ADD A NORMAL NEIGHBORHOOD SPECIAL DISTRICT. with the following changes ...]and move the ordinance on to second reading. ATTACHMENTS: • Ordinance 91 - Comprehensive Plan amendments o Exhibit A (introduction amendment) o Exhibit B (framework document) o Exhibit C (map) • Ordinance #2 - Transportation System Plan and Street Design Standards amendments o Exhibit A (Street Network Map) o Exhibit B (Pedestrian and Bicycle Network Map) • Ordinance #3 - Land Use Ordinance (Ch 18) amendments o Exhibit A • Public input and letters received between September 1 and September 9 Electronic links • Staff Report Addendum dated August 11, 2015. • Staff Report dated July 28, 2015 • Planning Commission Report (4/22/2014) • Working Group memo dated (12/2/2014) • Normal Neighborhood Plan Goals and Objectives • Hardy rigineering Executive Summary East Main Street & Railroad crossing infrastructure costs and financing assessment. • Working Group Meeting Minutes: o 5/21/2015 o 11/20/2014 o 9/18/2014 o 7/24/2014 o 5/7/2015 o 10/23/2014 o 9/4/2014 o 7/10/2014 o 4/15/2015 o 10/09/2014 o 8/21/2014 o 6/19/2014 • Planning Commission Meeting Minutes 0 7/28/2015 0 8/11/2015 (Draft Minutes, pending Planning Commission review) • Transportation Commission Meeting Minutes o 4/23/2015 • Housing and Human Services Commission Meeting Minutes o 3/27/2014 • Letters Public letters submitted relating to Planning Action PL-2013-01858 , including prior iterations of the draft plan (pre-July 2015), are not physically attached to this Council Communication, however they remain available online at www.ashland.or.us/normalplan, which includes the following electronically linked letters: Page 7 of 9 O., IF~ CITY OF -ASH LAN D 2015 2014 2013 All 2015 letters combined All 2014 letters combined - All 2013 letters combined - -PDF PDF PDF o Vidmar letter (7/13/2015) o Jones/MaharHomes letter o DeMarinis letter and exhibits o Vidmar letter (3/31/2015) (11/20/2014) (10/31/2013) o Miller letter (3/23/2015) o Vidmar letter (11/15/2014) o DeMarinis letter and o Alvarez letter 8/20/2015 o ACCESS Inc. letter exhibits (10/8/2013) o Hoffman letter 8/11/2015 (11/12/2014) o Meadowbrook Home Owners o Lutz letter 7/28/2015 o Vidmar letter (10/27/2014) (Anderson) letter and exhibits o Anderson letter 7/28/2015 o Miller letter (9/29/2014) (10/8/2013) o Hoffman letter 7/27/2015 o Mahar Homes Concept Plan o Ashland Meadows o DeMarinis letter 8/25/2015 (9/18/2014) (Skuratowicz) letter (10/8/2013) o Lutz letter (9/17/2014) o Koopman letter and exhibits o Miller letter (9/12/2014 (10/8/2013) o Miller letter (9/03/2014) o Lutz letter (9/26/2013) o Boyer letter (8/20/2014) o Vidmar letter (7/29/2013) o DeMarinis letter (8/06/2014) o Carse letter (6/27/2013) o Boyer Letter (8/06/2014) o Gracepoint letter (6/12/2013) o Vidmar letter (7/30/2014) o Vidmar letter (4/26/2013) o Breon letter (7/22/2014) o Shore letter (4/10/2013) o DeMarinis letter (7/22/2014) o Marshall letter (4/10/2013) o Vidmar letter (7/21/2014) o Horn letter (3/05/2013) o DeMarinis letter (7/15/2014) o Filson letter (2/25/2013) o DeMarinis letter (5/19/2014) o Vidmar letter (2/25/2013) o Anderson letter (4/08/2014) o Grace Point letter (5/06/2014) o Livni letter (4/29/2014) o Mandell letter (5/05/2014) o Marshall Letter (04/30/2014) o Miller Letter (4/30/2014) o Neher letter (5/02/2014) o Quiett letter (5/1/2014) o Wallace letter (5/01/2014) o Seidler letter (4/30/2014) o Sharp letter (4/29/2014) o Jacobson letter (4/27/2014) o Arsac letter (4/29/2014) o Brannan letter (5/04/2014) o Gerschler letter (5/04/2014) o Open City Hall public comments (3/5/14) o GracePoint letter (3/11/2014) o Anderson Letter (3/11/2014) o Skuratowicz letter (3/11/2014) o Hunter letter ( 2/25/14) Additional background information To inform the neighborhood planning process a number of studies were completed and previously presented to the Planning Commission and City Council (2014 public hearing) in support of this project including: Page 8 of 9 1~, CITY OF ASHLAND • Normal Neighborhood Existiny, Traffic Conditions technical memorandum (dated September 5, 2012) • Normal Neighborhood Future Traffic Analysis (dated November 19, 2013) • Buildable Lands Inventory (approved November 15, 2011- ordinance #3055) provided a basis for evaluation of the amount of available land within the City Limits and Urban Growth Boundary. • Housing Needs Analysis (approved September 3, 2013 - ordinance #3085), summarized the types of housing that have been developed throughout the City in the recent decades, as well as the projected needed housing based on income and population demographics. • Normal Neighborhood Executive Summary of Existing Conditions to provide background information for the Normal plan area including the results of a resident survey conducted in June-July 2012. • An analysis of five components of the neighborhood design including infrastructure, mobility, sustainability, open space and greenways, and housing and land use. o Infrastructure Framework o Sustainability Framework o Mobility Framework o Greenway and Open space Framework o Housiny, and Land Use Framework Page 9 of 9 V`, ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF ASHLAND COMPREHENSIVE PLAN TO ADD A NORMAL NEIGHBORHOOD PLAN DESIGNATION TO CHAPTER II [INTRODUCTION AND DEFINITIONS], ADD THE NORMAL NEIGHBORHOOD LAND CATEGORIES TO CHAPTER IV [HOUSING ELEMENT], CHANGE THE COMPREHENSIVE PLAN MAP DESIGNATION FOR APPROXIMATELY 94 ACRES OF LAND WITHIN THE CITY OF ASHLAND URBAN GROWTH BOUNDARY FROM SINGLE FAMILY RESIDENTIAL AND SUBURBAN RESIDENTIAL TO THE NORMAL NEIGHBORHOOD PLAN DESIGNATION, AND ADOPT THE NORMAL NEIGHBORHOOD PLAN FRAMEWORK AS A SUPPORT DOCUMENT TO THE CITY OF ASHLAND COMPREHENSIVE PLAN Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through 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 Assn of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the City of Ashland Planning Commission considered the above-referenced recommended amendments to the Ashland Comprehensive Plan at a duly advertised public hearing on July 28, 2015 and, following deliberations, recommended approval of the amendments by a vote of and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on September 1, 2015, and on [subsequent public hearing continuance dates]; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing Page 1 of 3 and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Comprehensive Plan in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. The City of Ashland Comprehensive Plan, Chapter II, [INTRODUCTION AND DEFINITIONS] is hereby amended to add the following new Section [NORMAL NEIGHBORHOOD PLAN 2.04.17] and to adopt the Normal Neighborhood Plan Framework as a supporting document to the City's Comprehensive Plan; former Section 2.04.17 is renumbered [PLAN REVIEW 2.04.18], to read as follows: PLAN REVIEW (2.04.1-7-) NORMAL NEIGHBORHOOD PLAN (2.04.17) This is a residential area that promotes a variety of housing types including single family, attached, and multi family residential, with base housing densities ranging from 4.5 to 13.5 units per acre. This area implements the Normal Neighborhood Plan Framework (2015) to accommodate future housing, neighborhood scaled business, create a system of greenways, protect and integrate existing stream corridors and natural wetlands, and enhance overall mobility by planning for a safe and connected network of streets and walking and bicycle routes. PLAN REVIEW (2.04.18) SECTION 3. The City of Ashland Comprehensive Plan Appendix entitled "Technical Reports and Supporting Documents" is attached hereto and made a part hereof as Exhibit A. SECTION 4. The document entitled "The City of Ashland Normal Neighborhood Plan Framework (2015)," attached hereto as Exhibit B, and made a part hereof by this reference is hereby added to the above-referenced Appendix to support Chapter II, [INTRODUCTION AND DEFINITIONS] of the Comprehensive Plan. SECTION 5. The officially adopted City of Ashland Comprehensive Plan Map, adopted and referenced in Ashland Comprehensive Plan Chapter II [PLAN MAP 2.03.04] is hereby amended to change the Comprehensive Plan map designation of approximately 94 acres of land inside the urban growth boundary from Single Family Residential and Suburban Residential, to the Normal Page 2 of 3 Neighborhood Plan designation including designated Conservation Areas as reflected on the revised adopted Comprehensive Plan Map, attached hereto as Exhibit C, and made a part hereof by this reference. SECTION 6. The City of Ashland Comprehensive Plan Housing Element [Chapter VI] Estimated Land Need table [Section 6.061 is hereby amended to include the Normal Neighborhood Land Use Categories within the table's Land Category Key as follows: MFR - Multi-family, High Density Residential (R-2z& R-3 & NN-2 zoning) SR - Suburban Residential (R-1: 3.5 & NN-1-3.5 zoning) SFR - Single-family Residential (R-1-5, R-1:_7.5, R-1:_10, & NN-1-5) LDR - Low Density Residential (RR.5 zoning) SECTION 7_ 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 8. Codification. Provisions of this Ordinance shall be incorporated in the City Comprehensive Plan 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, 3-5, 7-8) 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 2015, and duly PASSED and ADOPTED this day of _ 12015. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 3 of 3 Exhibit A Appendix A: Technical Reports and Supporting Documents City of Ashland, Oregon Comprehensive Plan Periodically, the City may choose to conduct studies and prepare technical reports to adopt by reference within the Comprehensive Plan to make available for review by the general public. These studies and reports shall not serve the purpose of creating new city policy, but rather the information, data and findings contained within the documents may constitute part of the basis on which new policies may be formulated or existing policy amended. In addition, adopted studies and reports provide a source of information that may be used to assist the community in the evaluation of local land use decisions. Chapter II, Introduction and Definitions The following reports are adopted by reference as a supporting document to the Ashland Comprehensive Plan, Chapter Il, Introduction and Definitions. 1. Croman Mill Site Redevelopment Plan (2008) by Ordinance 3030 on August 17, 2010 2. Normal Neighborhood Plan Framework (2015) by Ordinance on 2015. Chapter IV, Environmental Resources The following reports are adopted by reference as a support document to the Ashland Comprehensive Plan, Chapter IV, Environmental Resources. 1. City of Ashland Local Wetland Inventory and Assessment and Riparian Corridor Inventory (2005/2007) by Ordinance 2999 on December 15, 2009. Chapter VI, Housing Element The following reports are adopted by reference as a support document to the Ashland Comprehensive Plan, Chapter VI, Housing Element. 1) City of Ashland: Housing Needs Analysis (2012) by Ordinance 3085 on September 3, 2013 Chapter VII, Economy The following reports are adopted by reference as a support document to the Ashland Comprehensive Plan, Chapter VII, The Economy. 1. City of Ashland: Economic Opportunities Analysis (April 2007) by Ordinance 3030 on August 17, 2010 Chapter XII, Urbanization The following reports are adopted by reference as a support document to the Ashland Comprehensive Plan, Chapter XI I, Urbanization. 1. City of Ashland: Buildable Lands Inventory (2011) by Ordinance 3055 on November 16, 2011. 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Lq > c 3 .E ~ t y x c o o c [ p L v b o - 3° v a _o v > v> ° P o°° p c 3 w c o v c- o 4 m° o c o o Co 3 ° E o r 3 a m o o a o o v u°° 30 - n c v w R cp~ a v o G ° c b R v p o °c Q x o u a> o N o 0 M U v is C,81 4a-'~ u O w J O [ r vpi i ^i+ cd r [ O i C) o c o c ° o a [ o ~ c w oo v " o th d o d o v o x o E v to o o v c c W 3 cc E n 4p` 3 w° c a U s° U° 5 Z v 0 ° .S ° v u o v : cn o o a m u -q- c3a O vOi A, C O ci [ CW lu 'b CO C [ a~A C ° l7 O , a? p. a~ i' v p bL M C t 'D .L ~ .U aj C „C C C C C cd 7j C U ca 3 io 14, o v c G o Q NO r ° C7 ° n, _ C > ° N C > 3 ° ° v o 0 V1 ° v ~ H 21 tj~ v v ° W C eA o U u. ~ c~ H C ~ h v ~ 0 4. .x ~ q o b,o v 5 = G > v~ ° ° a v q 8 v 3 a o ° d s o v 3 ° o c C c o s ~°R ° Z U v F- v [ ° v a b o Q) qj (.7- °d L' n J o u ca s W v o [ o° Q v d o LID 'v ° v b ° U n z c a ° Y O v c 0 b ° [ n F- = 5A v p 4 o U ro c o v1 o ° ° ° 4 ~ VI s ~ v ~ U 2 Q~ C n. ~ ro 0 0 E m c a 0 0 0 m Z z m E 0 z C I T Y OF Exhibit C ASHLAND 3 ~a1h Str ~ ; 1 ` e et ~ I r--- Ashland IF ~ School ~ Middle Q I - E slm;M -rCRfFK OR,, 3 t t S 1 \ •y j 4e Walker Elementary E School l a t I~ l i ! a ~ ~ E E L, , F , _ 0 200 400 800 1,200 Feet Normal Neighborhood Plan Comprehensive Plan Map Amendment Normal Neighborhood Plan ORDINANCE NO. AN ORDINANCE AMENDING THE STREET DEDICATION MAP, PLANNED INTERSECTION AND ROADWAY IMPROVEMENT MAP, AND PLANNED BIKEWAY NETWORK MAP OF THE ASHLAND TRANSPORTATION SYSTEM PLAN FOR THE NORMAL NEIGHBORHOOD PLAN AREA, AND AMENDING STREET DESIGN STANDARDS WITHIN THE ASHLAND MUNICIPAL CODE CHAPTER 18.4.6 TO ADD A NEW SHARED STREET CLASSIFICATION. Annotated to show deletions and additions to the code sections being modified. Deletions are bold hied through 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; 531 P 2d 730, 734 (1975); and WHEREAS, the City of Transportation Commission considered the above-referenced amendments to the Transportation System Plan at a duly advertised public hearing on , 2015 and following deliberations recommended approval of the amendments by a vote of - ; and WHEREAS, the City of Ashland Planning Commission considered the above-referenced amendments to the Transportation System Plan at a duly advertised public hearing on July 28, 2015 and following deliberations recommended approval of the amendments by a vote of and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on September 1, 2015, and on [subsequent public hearing continuance dates]; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Page 1 of 6 Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the Ashland Comprehensive Plan includes goals and policies intended to work towards creating an integrated land use and transportation system to address the Transportation Planning Rule (TPR) Oregon Administrative Rule 660-012-0000 directive for"... coordinated land use and transportation plans should ensure that the planned transportation system supports a pattern of travel and land use in urban areas that will avoid the air pollution, traffic and livability problems faced by other large urban areas of the country through measures designed to increase transportation choices and make more efficient use of the existing transportation system."; and WHEREAS, the Street Dedication Map, Planned Intersection and Roadway Improvement Map and Planned Bikeway Network Map are adopted official maps for long range planning purposes, and are periodically amended to identify streets and pedestrian and bicycle pats that will be needed in the future to connect the street network and provide access to undeveloped areas within the Urban Growth Boundary (UGB); and WHEREAS, the Ashland Comprehensive Plan includes the following policies addressing street dedications: 1) Development of a modified grid street pattern shall be encouraged for connecting new and existing neighborhoods during subdivisions, partitions, and through the use of the Street Dedication map. (10.09.02.32); and 2) Street dedications shall be required as a condition of land development. A future street dedication map shall be adopted and implemented as part of the Land Use Ordinance. (10.09.02.34).; and WHEREAS, the City Council of the City of Ashland has determined that in order protect and benefit the health, safety and welfare of existing and future residents, and to address changes in existing conditions and projected needs related to land use and transportation patterns, it is necessary to amend the Ashland Comprehensive Plan in the manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fiilly supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. The officially adopted City of Ashland Street Dedication Map, referenced in Ashland as Figure 10-1 in the Ashland Transportation System Plan is hereby amended to include the Normal Neighborhood Plan Street Network attached hereto as Exhibit A. SECTION 3. The City of Ashland Planned Bikeway Network Map, referenced in the Ashland Transportation System Plan as Figure 8-1. is hereby amended to include the Normal Neighborhood Plan Pedestrian and Bicycle Network attached hereto as Exhibit B. SECTION 4. The City of Ashland Planned Intersection and Roadway Improvement Map, referenced in the Ashland Transportation System Plan as Figure 10-3. is hereby amended to include East Main Street as a Planned Avenue from Walker Avenue to Ashland St. Page 2 of 6 SECTION 5. The Ashland Municipal Code Chapter 18.4.6.040, Street Design Standards, street classification table is hereby amended to include a new classification of "Shared Street" as follows 18.4.6.040 F. Design Standards. A description of street design standards for each street classification follows in Table 18.4.6.040.E and subsection 18.4.6.040. G. All elements listed are required unless specifically noted' and dimensions and ranges represent minimum standard or ranges for the improvements shown. The approval authority may require a dimension within a specified range based upon intensity of land use, existing and projected traffic and pedestrian volumes, or when supported through other applicable approval standards. The approval authority may approve dimensions and ranges greater than those proposed by an applicant. Table 18.4.6.040.F: City of Ashland Street Design Standards WITHIN CURB-TO-CURB AREA TYPE OF AVERAGE RIGHT- CURB-TO- MOTOR MEDIAN BIKE PARK CURB PARK- SIDE- STREET DAILY OF- CURB VEHICLE AND/OR LANES -ING ROW WALKS TRIPS WAY PAVEMENT TRAVEL CENTER (ADT) WIDTH WIDTH LANES TURN on on on on LANE both both both both sides sides sides sides 2-Lane 8,000 to 61'-87' 34' 11' none 6' 81-9' 6" 5'-8" 6'-10'2 Boulevard 3-Lane 30,000 73'-99' 46' 11' 12' 6' 8'-9' 6" 5'-8" 6'-10i2 Boulevard 5-Lane 95'421' 68' 11' 12' 6' 8'-9' 6" 5'-8" 6'-10'2 Boulevard 2-Lane 3, 000 to 59'-86' 32'-33' 10'-10.5' none 6' 81-9' 6" 5'-8" 6'-10'2 Avenue 3-Lane 10,000 90.5 43.5'-44.5' 10'-10.5' 11.5' 6' 81-9' 6" 5'-8'' 6'-10i2 Avenue Neighborhood 1,500 to NA NA 3 Collector, 5,000 Residential No Parking 49'-51' 22' 11' none 6" 8' 5'-6' Parking One 50'-56' 25'-27' 91-10' 7' 6" 7'-8' 6-6' Side Parking Both 57'-63' 32'-34' 9'40' 7' 6" 7'-8' 5'-6' Sides Neighborhood Collector, Commercial Parallel Parking One 55-65' 28' 10' 8' 6" 5'-8" 8'-10' 2 Side lel Parking Both 63'-73' 36' 10' 8' 6" 5'-81' 8'-10' 2 Page 3 of 6 Table 18.4.6.040. F: City of Ashland Street Design Standards WITHIN CURB-TO-CURB AREA TYPE OF AVERAGE RIGHT- CURB-TO- MOTOR MEDIAN BIKE PARK CURB PARK- SIDE- STREET DAILY OF- CURB VEHICLE AND/OR LANES -ING ROW WALKS TRIPS WAY PAVEMENT TRAVEL CENTER (ADT) WIDTH WIDTH LANES TURN on on on on LANE both both both both sides sides sides sides Sides Diagonal Parking One 65'-74' 37' 10' 17' 6" 5'-8" 8,10, 2 Side Diagonal Parking Both 81'-91' 54' 10' 17' 6" 5'-8'' 8'40' 2 Sides Neighborhood less than NA NA 3 Street 1,500 Parking One 47'-51' 22' Queuing 7' 6" 5'-8' 5'-6' Side Neighborhood Street Parking Both 50'-57' 25'-28' Queuing 7' 6" 5'-8' 5'-6' Sides a 100 Less than Private Drive 15'-20' 12'-15' Queuing NA NA NA NA NA NA Shared Less Street than 25' 18' paved 12' NA NA NA NA NA NA 1500 12'paved Alley NA 16' width, 2' NA NA NA NA NA NA NA strips on both sides 6'-10' paved Multi-Use NA 12'-18' width, 2'-4' NA NA NA NA NA NA NA Path strips on both sides 1) 7'- 8' landscape parkrow shall be installed in residential areas, 5' hardscape parkrow with tree wells shall be installed in commercial areas on streets with on-street parking lanes, or 7' landscape parkrow may be used in commercial areas on streets without on-street parking lanes or where the street corridor includes landscaped parkrow. Street Trees shall be planted in parkrows pursuant to 18.4.4.030. 2) 6'sidewalk shall be installed in residential areas; 8'40'sidewalk shall be installed in commercial areas, 10'sidewalk shall be required on boulevards in the Downtown Design Standards Zone. 3) Bike lanes are generally not needed on streets with low volumes (less than 3,000 ADT) or low motor vehicle travel speeds (less than 25mph). For over 3,000 ADT or actual travel speeds exceeding 25 mph, 6' bike lanes, one on each side of the street moving in the same direction as motor vehicle traffic 4) A private drive is a street in private ownership, not dedicated to the public, which serves three or less units. Private drives are permitted in the Performance Standards Options overlay. SECTION 6. The Ashland Municipal Code Chapter subsection 18.4.6.040 G, Street Design Standards, is hereby amended to add a new classification of "Shared Street" as follows: Page 4 of 6 18.4.6.040.G.8 Shared Street Provides access to residential uses in an area in which right-of-way is constrained by natural features, topography or historically significant structures. The constrained right- of-way prevents typical bicycle and pedestrian facilities such as sidewalks and bicycle lanes. Therefore, the entire width of the street is collectively shared by pedestrians, bicycles, and autos. The design of the street should emphasize a slower speed environment and provide clear physical and visual indications the space is shared across modes. See Figure 18.4.6.040.G.8. Prototypical Section: Shared Street 'a a. t I ~ i 18' 25' Figure 18.4.6.040.G.8 Shared Street Street Function: Provide vehicular, pedestrian, and bicycle neighborhood circulation and access to individual residential and commercial properties designed to encourage socializing with neighbors, outdoor play for children, and creating comfortable spaces for walking and biking. Connectivity: Connects to all types of streets. Average Daily Traffic: 1,500 or less motor vehicle trips per day Managed Speed: Motor vehicle travel speeds should be below 15 mph Right-of-Way 25of-WayWidth: 25' Page 5 of 6 Pavement width: I8' minimum, maintaining full fire truck access and minimum turning paths at all changes in alignment and intersections. Motor Vehicle Travel Lanes: Minimum 12' clear width. Bike Lanes: Not applicable, bicyclists can share the travel lane and easily negotiate these low use areas Parkin!: Parking and loading areas may be provided within the right of way with careful consideration to ensure parked vehicles do not obstruct pedestrian, bicycles, or emerE!ency vehicle access. Parkrow: Not applicable Sidewalks: Not applicable, pedestrians can share the travel lane and easily negotiate these low use areas. Refulle areas are to be provided within the right of way to allow pedestrians to step out of the travel lane when necessary. SECTION 7. 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 8. Codification. Provisions of this Ordinance shall be incorporated in the City Comprehensive Plan 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, 3-5 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 , 2015, and duly PASSED and ADOPTED this day of '2015. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 6 of 6 Exhibit A 4 Road classifications neigborhood collector local street shared street - - - - - multi-use path Shared Streets within the Normal Neighborhood Plan areamay be alternatively developed as alleys or multi-use paths. Improvement of the rail road crossing requires approval of an application for an at grade railroad crossing. Normal Neighborhood Plan Street Network Map 0 200 400 800 Feet CITY OF ExhibitB -ASH LAN D • i • • • Normal Neighborhood Plan Avenue with sidewalks & bikelanes Pedestrian and Bicycle Network ~ Streets with sidewalks Shared Street • • • • Multi-use path 0 200 400 800 Feet ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE CREATING A NEW CHAPTER 18.3.4 NORMAL NEIGHBORHOOD DISTRICT, AMENDING CHAPTER 18.2.1.020 TO ADD A NORMAL NEIGHBORHOOD ZONING CLASSIFICATION, AND AMENDING CHAPTER 18.2.1.040 TO ADD A NORMAL NEIGHBORHOOD SPECIAL DISTRICT. Annotated to show deletions and additions to the code sections being modified. Deletions are bold lifted through 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 Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the City of Ashland is projected to grow by approximately 3,250 residents by 2030 and 2,000 employees by 2027, and the City Council reaffirmed the long-standing policy of accommodating growth within the Ashland Urban Growth Boundary rather than growing outward into surrounding farm and forest lands in the Greater Bear Creek Valley Regional Problem Solving (RPS) planning process; and WHEREAS, the City of Ashland seeks to balance projected population and employment growth with the community goal of retaining a district boundary and preventing sprawling development, and to this end examines opportunities to use land more efficiently for housing and businesses; and WHEREAS, the City of Ashland continues the community's tradition of integrating land use and transportation planning, and using sustainable development measures such as encouraging a mix and intensity of uses on main travel corridors to support transit service and use, integrating affordable housing opportunities, and reducing carbon emissions by providing a variety of transportation options; and Page 1 of 4 WHEREAS, the City conducted a planning process involving a series of public workshops, on- line forum, key participant meetings and study sessions from October 2011 through July 2015 involving a three-step process in which participants identified the qualities that make a successful neighborhood„ developed vision statements for the study area, and reviewed and revised plans illustrating an example of what development might look when the 94 acre is incorporated into the City of Ashland; and WHEREAS, the final report for the Normal Neighborhood Plan included recommended amendments to the zoning map and land use ordinance which would support the development of the neighborhood as envisioned in the planning process being small walkable neighborhood modules that provide concentrations of housing grouped in a way to encourage more walking, cycling and transit use; and WHEREAS, the City of Ashland Planning Commission considered the above-referenced recommended amendments to the Ashland Municipal Code and Land Use Ordinances at a duly advertised public hearing on July 28, 2015, and following deliberations, recommended approval of the amendments by a vote of ; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on , 2015; and following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. A new Chapter 18.3.4 of the Ashland Municipal Code creating a new overlay district [Normal Neighborhood District ] set forth in full codified form on the attached Exhibit A and made a part hereof by this reference, is hereby added to the Ashland Municipal Code. SECTION 3. Chapter 18.2.1.020, of the Zoning Regulations and General Provisions section of the Ashland Municipal Code, is hereby amended to read as follows: 18.2.1.020 Zoning Map and Classification of Zones For the purpose of this ordinance, the City is divided into zones designated and depicted on the Zoning Map, pursuant to the Comprehensive Plan Map, and summarized in Table 18.2.1.020. Page 2 of 4 Table 18.2.1.020 Base Zones Overlay Zones Residential - Woodland WR Airport Overlay Residential - Rural RR Detail Site Review Overlay Residential - Single-Family (R-1-10, R-1-7.5, Downtown Design Standards and R-1-5 Overlay Residential - Suburban (R-1-3.5) Freeway Sign Overlay Residential - Low Density Multiple Family (R-2) Historic District Overlay Residential - High Density Multiple Family (R-3) Pedestrian Place Overlay Commercial (C-1) Performance Standards Options Overlay Commercial - Downtown (C- 1-D) Physical and Environmental Constraints Overlay Employment (E-1) -Hillside Lands Industrial (M-1) -Floodplain Corridor Lands -Severe Constraints Lands Special Districts -Water Resources Croman Mill District (CM) -Wildfire Lands Health Care Services District (HC) Residential Overlay Normal Neighborhood (NN) North Mountain Neighborhood District (NM) Southern Oregon University District SOU SECTION 4. Chapter 18.2.1.040, of the Zoning Regulations and General Provisions section of the Ashland Municipal Code, is hereby amended to read as follows: 18.2.1.040 Applicability of Zoning Regulations Part 18.2 applies to properties with base zone, special district, and overlay zone designations, as follows: Table 18.2.1.040: Applicability of Standards to Zones, Plan Districts and Overlays Designation Applicability Base Zones Residential - Woodland (WR) Chapter 18.2 Applies Directly Residential - Rural (RR) Chapter 18.2 Applies Directly Residential - Single-family (R-1-10, R-1- Chapter 18.2 Applies Directly 7.5, R-1-5) Chapter 18.2 Applies Directly Residential - Suburban (R-1-3.5) Chapter 18.2 Applies Directly Residential - Low Density Multiple Family Chapter 18.2 Applies Directly (R-2) Chapter 18.2 Applies Directly Residential - High Density Multiple Family Chapter 18.2 Applies Directly (R-3) Chapter 18.2 Applies Directly Commercial (C-1) Commercial - Downtown (C-1-D) Employment (E-1) Industrial M-1 Page 3 of 4 Table 18.2.1.040: Applicability of Standards to Zones, Plan Districts and Overlays -Designation Applicability Special Districts Croman Mill District Zone (CM) CM District Replaces chapter 18.2 Health Care Services Zone (HC) NN District Replaces chapter 18.2 Normal Neighborhood District (NN) NM District Replaces chapter 18.2 North Mountain Neighborhood (NM) Southern Oregon University SOU Overlay Zones Airport Overlay Modifies chapter 18.2 Detail Site Review Overlay Modifies chapter 18.2 Downtown Design Standards Overlay Modifies chapter 18.2 Freeway Sign Overlay Modifies chapter 18.2 Historic Overlay Modifies chapter 18.2 Pedestrian Place Overlay Modifies chapter 18.2 Performance Standards Options Overlay Modifies chapter 18.2 Physical and Environmental Constraints Overlay Modifies chapter 18.2 Residential Overlay Modifies chapter 18.2 SECTION 5. 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 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, and text descriptions of amendments (i.e. Sections 1- 2, 5-6) 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 2015, and duly PASSED and ADOPTED this day of , 2015. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 4 of 4 Exhibit A Normal Neighborhood District Chapter 18 Code Amendments 18.3.4.010 Purpose 18.3.4.020 Applicability 18.3.4.030 General Requirements 18.3.4.040 Use Regulations 18.3.4.050 Dimensional Regulations 18.3.4.060 Site Development and Design Standards 18.3.4.070 Conservation Area overlay 18.3.4.075 Advanced Financing District [Placeholder] 18.3.4.080 Review and Approval Procedure 18.3.4.010 Purpose The neighborhood is designed to provide an environment for traditional neighborhood living. The Normal Neighborhood Plan is a blueprint for promoting a variety of housing types while preserving open spaces, stream corridors, wetlands, and other significant natural features. The neighborhood commercial area is designated to promote neighborhood serving businesses with building designs that reflect the character of the neighborhood and where parking is managed through efficient on-street and off-street parking resources. The neighborhood will be characterized by a connected network of streets and alleys, paths and trails, with connection to the natural areas, wetlands, and streams. This network will also connect to the larger network of regional trails, paths, and streets beyond the boundaries of the neighborhood. The development of the neighborhood will apply principles of low impact development to minimize the extent and initial cost of new infrastructure and to promote the benefits of storm water management. 18.3.4.020 Applicability This chapter applies to properties designated as Normal Neighborhood District on the Ashland Zoning Map, and pursuant to the Normal Neighborhood Plan adopted by Ordinance [#number (date)]. Development located within the Normal Neighborhood District is required to meet all applicable sections of this ordinance, except as otherwise provided in this chapter; where the provisions of this chapter conflict with comparable standards described in any other ordinance, resolution or regulation, the provisions of the Normal Neighborhood District shall govern. 18.3.4.030 General Regulations Page 1 of 12 A. Conformance with the Normal Neighborhood Plan. Land uses and development, including construction of buildings, streets, multi-use paths, and open space shall be located in accordance with those shown on the Normal Neighborhood Plan maps adopted by Ordinance [#number (date)]. B. Performance Standards Overlay. All applications involving the creation of three or more lots shall be processed under chapter 18.3.9 Performance Standards Option. C. Amendments. Major and minor amendments to the Normal Neighborhood Plan shall comply with the following procedures: 1. Major and Minor Amendments a. Major amendments are those that result in any of the following: i. A change in the land use overlay designation. ii. A change in the maximum building height dimensional standards in section 18.3.4.050 iii. A change in the allowable base density, dwelling units per acre, in section 18.3.4.050. iv. A change in the Plan layout that eliminates a street, access way, multi-use path or other transportation facility. v. A change in the Plan layout that provides an additional vehicular access point onto East Main Street or Clay Street. vi. A change not specifically listed under the major and minor amendment definitions. b. Minor amendments are those that result in any of the following: i. A change in the Plan layout that requires a street, access way, multi-use path or other transportation facility to be shifted fifty (50) feet or more in any direction as long as the change maintains the connectivity established by Normal Avenue Neighborhood Plan. ii. A change in a dimensional standard requirement in section 18.3.4.050, but not including height and residential density. iii. A change in the Plan layout that changes the boundaries or location of a conservation area to correspond with a delineated wetland and water resource protection zone, or relocation of a designated open space area. 2. Major Amendment - Type II Procedure. A major amendment to the Normal Neighborhood Plan is subject to a public hearing and decision under a Type II Procedure. A major amendment may be approved upon finding that the proposed modification will not adversely affect the purpose of the Normal Neighborhood Plan. A major amendment requires a determination by the City that: a.The proposed amendment maintains the transportation connectivity established by the Normal Neighborhood Plan; b. The proposed amendment furthers the street design and access management concepts of the Normal Neighborhood Plan. Page 2 of 12 c. The proposed amendment furthers the protection and enhancement of the natural systems and features of the Normal Neighborhood Plan, including wetlands, stream beds, and water resource protection zones by improving the quality and function of existing natural resources. d. The proposed amendment will not reduce the concentration or variety of housing types permitted in the Normal Neighborhood Plan. e.The proposed amendment is necessary to accommodate physical constraints evident on the property, or to protect significant natural features such as trees, rock outcroppings, streams, wetlands, water resource protection zones, or similar natural features, or to adjust to existing property lines between project boundaries. 3. Minor Amendment - Type 1 Procedure. A minor amendment to the Normal Neighborhood Development Plan which is subject to an administrative decision under the Type Procedure. Minor amendments are subject to the Exception to the Site Design and Use Development Standards of chapter 18.5.2.050.E. 18.3.4.040 Use Regulations A. Plan overlay zones. There are four Land Use Designation Overlays zones within the Normal Neighborhood Plan are intended to accommodate a variety of housing opportunities, preserve natural areas and provide open space. 1. Plan NN-1-5 zone The use regulations and development standards are intended to create, maintain and promote single-dwelling neighborhood character. A variety of housing types are allowed, in addition to the detached single dwelling. Development standards that are largely the same as those for single dwellings ensure that the overall image and character of the single-dwelling neighborhood is maintained. 2. Plan NN-1-3.5 zone. The use regulations and development standards are intended to create, maintain and promote single-dwelling neighborhood character. A variety of housing types are allowed including multiple compact attached and/or detached dwellings. Dwellings may be grouped around common open space promoting a scale and character compatible with single family homes. Development standards that are largely the same as those for single dwellings ensure that the overall image and character of the single-dwelling neighborhood is maintained. 3. Plan NN-1-3.5-C zone. The use regulations and development standards are intended to provide housing opportunities for individual households through development of multiple compact attached and/or detached dwellings with the added allowance for neighborhood-serving commercial mixed- uses so that many of the activities of daily living can occur within the Normal Neighborhood. The public streets within the vicinity of the NN-1-3.5-C overlay are to provide sufficient on-street parking to accommodate ground floor neighborhood business uses. Page 3 of 12 4. Plan NN-2 zone. The use regulations and development standards are intended to create and maintain a range of housing choices, including multi-family housing within the context of the residential character of the Normal-Neighborhood Plan. B. Normal Neighborhood Plan Residential Building Types. The development standards for the Normal Neighborhood Plan will preserve neighborhood character by incorporating four distinct land use overlay areas with different concentrations of varying housing types. 1. Single Dwelling Residential Unit. A Single Dwelling Residential Unit is a detached residential building that contains a single dwelling with self-contained living facilities on one lot. It is separated from adjacent dwellings by private open space in the form of side yards and backyards, and set back from the public street or common green by a front yard. Auto parking is generally on the same lot in a garage, carport, or uncovered area. The garage may be detached or attached to the dwelling structure. 2. Accessory Residential Unit. An Accessory Residential Unit is a secondary dwelling unit on a lot, either attached to the single- family dwelling or in a detached building located on the same lot with a single-family dwelling, and having an independent means of entry. 3. Double Dwelling Residential Unit (Duplex). A Double Dwelling Residential Unit is a residential building that contains two dwellings located on a single lot, each with self-contained living facilities. Double Dwelling Residential Units must share a common wall or a common floor/ ceiling and are similar to a Single Dwelling Unit in appearance, height, massing and lot placement. 4. Attached Residential Unit. (Townhome, Row house) An Attached Residential Unit is single dwelling located on an individual lot which is attached along one or both sidewalls to an adjacent dwelling unit. Private open space may take the form of front yards, backyards, or upper level terraces. The dwelling unit may be set back from the public street or common green by a front yard. 5. Clustered Residential Units - Pedestrian-Oriented. Pedestrian-Oriented Clustered Residential Units are multiple dwellings grouped around common open space that promote a scale and character compatible with single family homes. Units are typically arranged around a central common green under communal ownership. Auto parking is generally grouped in a shared surface area or areas. 6. Multiple Dwelling Residential Unit. Page 4 of 12 Multiple Dwelling Residential Units are multiple dwellings that occupy a single building or multiple buildings on a single lot. Dwellings may take the form of condominiums or apartments. Auto parking is generally provided in a shared parking area or structured parking facility. 7. Cottage Housing. [Reserved] C. General Use Regulations. Uses and their accessory uses are permitted, special permitted or conditional uses in the Normal Neighborhood Plan area as listed in the Land Use Table. Table 18.3.4.040 Land Use NN-1-5 NN-1-3.5 NN-1-3.5-C NN-2 Descriptions Single family Suburban Suburban Multi-family Residential Residential Residential Low Density with Residential commercial Residential Uses Single Dwelling Residential Unit P P N N (Single-Family Dwelling) Accessory Residential Unit P P P N Double Dwelling Residential Unit N P P P (Duplex Dwelling) Cottage Housing (Placeholder] P N N N Clustered Residential Units N P P P Attached Residential Unit N P P P Multiple Dwelling Residential Unit N P P P (Multi family Dwelling) _ Manufactured Home on Individual Lot P P P P Manufactured Housing Development N P P P Neighborhood Business and Service Uses Home Occupation P P P P Retail Sales and Services, with each building limited to N N P N 3,500 square feet of gross floor area Professional and Medical Offices, with each building N N P N limited to 3,500 square feet of gross floor area Light manufacturing or assembly of items occupying six hundred (600) square feet or less, and contiguous N N P N to the permitted retail use. Restaurants N N P N Day Care Center N N P N Assisted Living Facilities N C C C Public and Institutional Uses Religious Institutions and Houses of Worship C C C C Public Buildings P P P P Page 5 of 12 Community Gardens P P P P Open space and Recreational Facilities P P P P P = Permitted Use; CU = Conditional Use Permit Required; N = Not Allowed 1. Permitted Uses. Uses listed as "Permitted (P)" are allowed. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of Part 18.5. See section 18.5.1.020 Determination of Review Procedure. 2.Conditional Uses. Uses listed as "Conditional Use Permit Required (C)" are allowed subject to the requirements of chapter 18.5.4 Conditional Use Permits. 3. Prohibited Uses. Uses not listed in the Land Use Table, and not found to be similar to an allowed use following the procedures of section 18.1.5.040 Similar Uses, are prohibited. 18.3.4.050 Dimensional Regulations A. The lot and building dimensions shall conform to the standards in Table 18.3.4.050 below. Table 18.3.4.050 Dimensional Standards NN-1-5 NN-1-3.5 NN-2 NN-1-3.5C Base density, dwelling units per acre 4.5 7.2 13.5 Minimum Lot Area', square feet 5,000 3500 3000 (applies to lots created by partitions only) Minimum Lot Depth', feet 80 80 80 (applies to lots created by partitions only) Minimum Lot Width', feet (applies to lots created by partitions only) 50 35 25 Setbacks and yards (feet) Minimum Front Yard abutting a street 15 15 15 Minimum Front Yard to a garage facing a public street, 20 20 20 feet Minimum Front Yard to unenclosed front porch, feet 82 82 82 Minimum Side Yard 6 6 6 03 03 Minimum Side Yard abutting a public street 10 10 10 Minimum Rear Yard 10 ft per Bldg Story, 5 feet per Half Story Solar Access Setback and yard requirements shall conform to the Solar Access standards of chapter 18.4.8 Maximum Building Height, feet / stories 35 / 2.5 35 / 2.5 35 / 2.5 Maximum Lot Coverage, percentage of lot 50% 55% 65% Minimum Required Landscaping, percentage of lot 50% 45% 35% Parking See section 18.4.3.080 Vehicle Area Design Requirements Page 6 of 12 Minimum Outdoor Recreation Space, percentage of lot Ina ~na 8% 1 Minimum Lot Area , Depth, and Width requirements do not apply in performance standards subdivisions. 2 Minimum Front Yard to an unenclosed front porch (Feet), or the width of any existing public utility easement, whichever is greater; an unenclosed porch must be no less than 6 feet in depth and 8 feet in width, see section 18.6.1.030 for definition of porch. 3 Minimum Side Yard for Attached Residential Units (Feet) B. Density Standards Development density in the Normal Neighborhood shall not exceed the densities established by Table 18.3.4.050, except where granted a density bonus under chapter 18.3.9. Performance Standards Options and consistent with the following: 1 General Density Provisions. a. The density in NN-1-5, NN-1-3.5, NN-1-3.5-C and NN-2 zones is to be computed by dividing the total number of dwelling units by the acreage of the project, including land dedicated to the public. b. Conservation Areas including wetlands, floodplain corridor lands, and water resource protection zones may be excluded from the acreage of the project for the purposes of calculating minimum density for residential annexations as described in section 18.5.8.050.F. c. Units less than 500 square feet of gross habitable area shall count as 0.75 units for the purposes of density calculations. d. Accessory residential units consistent with standards described in section 18.2.3.040 are not required to meet density or minimum lot area requirements. e. Accessory residential units shall be included for the purposes of meeting minimum density calculation requirements for residential annexations as described in 18.5.8.050.F. 2. Residential Density Bonuses. a. The maximum residential density bonuses permitted shall be as described in section 18.2.5.080. F. b. Cottage Housing. [Reserved] 18.3.4.060 Site Development and Design Standards. The Normal Neighborhood District Design Standards provide specific requirements for the physical orientation, uses and arrangement of buildings; the management of parking; and access to development parcels. Development located in the Normal Neighborhood District must be designed and constructed consistent with the Site Design and Use Standards chapter 18.5.2 and the following: A. Street Design and Access Standards. Design and construct streets and public improvements in accordance with the Ashland Street Standards. A change in the design of a street in a manner inconsistent with the Normal Neighborhood Plan requires a minor amendment in accordance with section 18.3.4.030.B. 1. Conformance with Street Network Plan: New developments must provide avenues, neighborhood collectors, streets, alleys, multi-use paths, and pedestrian and bicycle improvements consistent with the design concepts within the mobility chapter of the Normal Page 7 of 12 Neighborhood Plan Framework and in conformance with the Normal Neighborhood Plan Street Network Map. a. Streets designated as Shared Streets on the Normal Neighborhood Plan Street Network Map may be alternatively developed as alleys, or multiuse paths provided the following: i. Impacts to the water protection zones are minimized to the greatest extent feasible. ii. Pedestrian and bicyclist connectivity, as indicated on the Normal Avenue Neighborhood Plan Pedestrian and Bicycle Network Map, is maintained or enhanced. 2 Storm water management. The Normal Neighborhood Plan uses street trees, green streets, and other green infrastructure to manage storm water, protect water quality and improve watershed health. Discharge of storm water runoff must be directed into a designated green street and neighborhood storm water treatment facilities. a.. Design Green Streets. Streets designated as Green Streets within the Street Network, and as approved by the Public Works Department, shall conform to the following standards: i. New streets must be developed so as to capture and treat storm water in conformance with the City of Ashland Storm Water Master Plan. 3. Access Management Standards: To manage access to land uses and on-site circulation, and maintain transportation safety and operations, vehicular access must conform to the standards set forth in section 18.4.3.080, and as follows: a. Automobile access to development is intended to be provided by alleys where possible consistent with the street connectivity approval standards. b. Curb cuts along a Neighborhood Collector or shared street are to be limited to one per block, or one per 200 feet where established block lengths exceed 400 feet. 4. Required On-Street Parking: On-street parking is a key strategy to traffic calming and is required along the Neighborhood Collector and Local Streets. B. Site and Building Design Standards. 1. Lot and Building Orientation: a. Lot Frontage Requirements: Lots in the Normal Neighborhood are required to have their Front Lot Line on a street or a Common Green. b. Common Green. The Common Green provides access for pedestrians and bicycles to abutting properties. Common greens are also intended to serve as a common open space amenity for residents. The following approval criteria and standards apply to common greens: Page 8 of 12 i. Common Greens must include at least 400 square feet of grassy area, play area, or dedicated gardening space, which must be at least 15 feet wide at its narrowest dimension. 2. Cottage Housing: [Reserved] 3. Conservation of Natural Areas. Development plans must preserve water quality, natural hydrology and habitat, and preserve biodiversity through protection of streams and wetlands. In addition to the requirements of 18.3.11 Water Resources Protection Zones (Overlays), conserving natural water systems must be considered in the site design through the application of the following guidelines: a.Designated stream and wetland protection areas are to be considered positive design elements and incorporated in the overall design of a given project. b.Native riparian plant materials must be planted in and adjacent to the creek to enhance habitat. c.Create a long-term management plan for on-site wetlands, streams, associated habitats and their buffers. 4. Storm Water Management. Storm water run-off, from building roofs, driveways, parking areas, sidewalks, and other hard surfaces must be managed through implementation of the following storm water management practices: a. When required by the City Engineer, the applicant must submit hydrology and hydraulic calculations, and drainage area maps to the City, to determine the quantity of predevelopment, and estimated post-development, storm water runoff and evaluate the effectiveness of storm water management strategies. Computations must be site specific and must account for conditions such as soil type, vegetative cover, impervious areas, existing drainage patterns, flood plain areas and wetlands. b. Future Peak Storm water flows and volumes shall not exceed the pre-development peak flow. The default value for pre-development peak flow is .25 CFS per acre. c. Detention volume must be sized for the 25 year, 24 hour peak flow and volume. d. Development must comply with one or more of following guidelines. i. Implement storm water management techniques that endeavor to treat the water as close as possible to the spot where it hits the ground through infiltration, evapotranspiration or through capture and reuse techniques. ii. Use on-site landscape-based water treatment methods to treat rainwater runoff from all surfaces, including parking lots, roofs, and sidewalks. iii. Use pervious or semi-pervious surfaces that allow water to infiltrate soil. iv. Design grading and site plans that create a system that slows the stormwater, maximizing time for cleansing and infiltration. v. Maximizing the length of overland flow of storm water through bioswales and rain gardens, vi. Use structural soils in those environments that support pavements and trees yet are free draining. Page 9 of 12 vii. Plant deep rooted native plants. viii, Replace metabolically active minerals, trace elements and microorganism rich compost in all soils disturbed through construction activities. 5. Off-Street Parking. Automobile parking, loading and circulation areas must comply with the requirements of chapter 18.4.3 Parking, Access, and Circulation Standards, and as follows: a. Neighborhood serving commercial uses within the NN-1-3.5-C zone must have parking primarily accommodated by the provision of public parking areas and on- street parking spaces, and are not required to provide private off-street parking or loading areas, except for residential uses where one space shall be provided per residential unit. 6. Neighborhood Module Concept plans. The Neighborhood Module Concept plans (i.e. development scenarios) are for the purpose of providing an example of developments that conform to the standards, and do not constitute independent approval criteria. Concept plans are attached to the end of this chapter. 18.3.4.65 Exception to the Site Development and Design Standards An exception to the requirements Site Development and Design Standards must follow the procedures and approval criteria adopted under section 18.4.1.030, unless authorized under the procedures for a major amendment to plan. 18.3.4.070. Open Space Area Overlay All projects containing land identified as Open Space Areas on the Normal Neighborhood Plan Open Space Network Map, unless otherwise amended per section 18.3.030.C, must dedicate those areas as: common areas, public open space, or private open space protected by restrictive covenant. It is recognized that the master planning of the properties as part of the Normal Neighborhood Plan imparted significant value to the land, and the reservation of lands for recreational open space and conservation purposes is proportional to the value bestowed upon the property through the change in zoning designation and future annexation. 18.3.4.075. Advance Financing District [Reserved] 18.3.4.080. Review and Approval Procedure. All land use applications are to be reviewed and processed in accordance with the applicable procedures of Part 18.5. Page 10 of 12 Neighborhood Module Concept plans The City recognizes that future innovations in building technologies, water conservation practices, and creative approaches to site design and layout will help shape the neighborhood module concept in consideration of the unique characteristics of the properties being developed. As such these example illustrations presented are primarily intended to assist those involved in conceptualizing a development to better address the principle objectives outlined within the Normal Neighborhood Plan. local strc Tyr ,a 1 ~ ~ ''r~ . r l~ s rev t l~ V atio r,uf ~t - s. 1i -I_. + i ns a_ - Cal ACES = La - all; ' Page 11 of 12 Normal Neighborhood District Zoning Classification Map. i V~ t. 1 1 { a « d S I I ~ f!t H E i y , Zoning r` 0 NN--1-5 NN-'1-3.5 ® NN-1-3.5-C - _r NN-2 aio ; 17-7 Open Space ~I Road Classifications nelgborhood collector I kcal street ® shared street HAM ROCK LN Normal Neighborhood District Zoning Classifications a 'r`M 400 800 Feet Page 12 of 12 f 4 r,f ~ r x ~ `f 3I ~ ~ r 'fir € PIUIP C LANG, ACW LC8 OPE LCRI-1141 ° CAL. LUM 5500 758 D btreet Ashland, Oregon 97520 Residence 541 ® 482-8659 office/Fax 541 e 482-5387 c-mail: 1P1hi1ip @ mind.net September 1, 2015 To: City Council/Planning Dept. BAND DELIVERED TO COUNCIL -,9/1/15 Re.: Normal Neighborhood Plan I join with my neighbors in oq>,o-s!uig the Normal Neighborhood plan for all the reasons they cite in their brochure and which I am sure they will. state at tonight's meeting. I am a party at interest; I own 682 Normal Avenue, and manage the home owned by my son at 686 Normal Avenue. I have been in Ashland for 30 years. In that time the "good--old boy" corruption , the transformation of the Planning Process into simply a formal "stamp of approval" for every sort of "development" to enrich developers at the expense of what we continue to tout as "Ashland's livability" now happens routinely - a kind of dance of Planning, City Council, and associated city staff in which the outcome is inevitable: Developers/greedy - everything - citizens - nothing. Less than a month ago, the at the August 4th City Council Meeting another such "development" plan was proposed in the form of "cleaning up" a section of the railroad property to allow for the construction of developer houses. Five thousand (1) truckloads of heavily cm-toxnaked railroad terminus waste including heavy dirty fuels and oils, taxia metals of all sorts, was to be dragged through our neighborhod by way of Oak and Clear Creek streets! Now the proponents of these schemes with the collusion of the City apparatus do not get discourgaed easily - big bucks are to be made! This Scheme was floated in 2006. Citizens objected mighttly. If the area was to be "cleaned up", the waste should go out the way it came - via railroad. The City Council voted an expression of concern and intention that-.tt&ted this. A creek flows through this property: Love Canal here we come! Not to worry, developer friends. Our City Attorney and City Manager informed all present that: (1) the RR is prospering and no longer would have railroad cars available to haul out the filth, and, (2) that was only a "sense of the Council" vote - not official, and unable to be binding on the railroad. Obviously, we are the hostages of the railroad - their hosts in our City, rather than the other way around, as it should be. City Council - re: North Normal Plan - 9/1/15 - p. 2 I mention this RR development scheme because it was resurrected a month ago - and now comes the North Normal Project. I have always said that all our national problems are visible in microcosm in Ashland. Over "development, debasement of a livable environment, destruction of habitat and open space, etc. etc. I also mention it because Mayor Stromberg stated his position clearly about such developments. In a jolly vein, he wondered what the objections were about: "(we'll have) more taxes, more commerce". And whopcould complain about that? Who indeed? I wish my No Normal Plan fellow citizens well. I fear that in the end, having found tbattrationality, fairness,concern for quality of life in Ashland, and good common sense may not prevail. In that case, they will have to find a countervailing power to the unholy alliance of the city apparatus with developers, and that, unfortunately, that power will have to be engaged through the courts. Sincerely, PHILIP LANG, A SW, LCSW, Ph.D: I t r~f-;1 {fl ! fit tk E ~8/31/2015 ii City Councilors, My npme is Brett Lutz and, rny wife, Susan, our three young children, and I live at 1700 East Main Street, ii~side_the urban growth boundary and Normal Avenue Development Plan. We also own a home within the Ashland city limits, on Laurel Street. While my comments do not necessarily represent those of my employer, I am employed as a meteorologist at the National Weather Service and manage the office's fire weather and climate programs. I track and predict weather and climate as it pertains to drought, snowpack, water supply, and fire potential and severity and present this information to various public and government entities. In the 3 years we've lived on East Main Street, I've sent 3 letters regarding the Normal Avenue Plan, primarily related to concerns over wetiand W-9, proposed roadways, and the density of development near it. I think it's important that these water and road concerns are put in context for you. Photographic evidence from 1990, given to me by the previous owner of my land and home, indicate that wetland W-9 was notably larger on its downhill north end than it is, currently. In the 3 years I have lived in the Development Plan area, 1 have witnessed land clearing, burning, and tilling on the northern periphery of and within wetland W-9 that have shrunken its apparent size. We are now in our approximate Pyear of drought, as designated by the National US Drought Monitor, and our drought is currently classified as "Severe". As is depicted on the Environmental Protection Agency's website, "wetlands function like natural tubs or sponges, storing water and slowly releasing it. This process slows the water's momentum and erosive potential, reduces flood heights, and allows for ground water recharge, which contributes to base flow to surface water systems during dry periods. Although a small wetland might not store much water, a network of many small wetlands can store an enormous amount of water. The ability of wetlands to store floodwaters reduces the risk of costly property damage and loss of life-benefits that have economic value to us." As you have likely heard, the Climate Prediction Center is forecasting a strong El Nino for 2015-16, similar to the 1997-98 El Nino, which brought above normal precipitation to Ashland and much of the surrounding area (ht~www.wrcc.dri.e(lu/w,vdt/archive.php?folder-ponl2). El Nino is a climate cycle in the Pacific Ocean that cycles on 3-5 year intervals. It increases the strength of wet season low pressure in the Gulf of Alaska, thus increasing the likelihood of moist and persistent south flow storm events. Such events can cause very heavy precipitation, such as was observed last February when Ashland experienced its 3rd wettest 2 day period since July 1", 1892. That event and thunderstorms in June already pushed areas in and around the Ashland city limits into flood. This included drainage ditch flooding along the north side of East Main Street and garage flooding on my property. Increased urbanization both increases the amount of water that becomes run-off and increases run-off speed. With area reservoirs and water supplies currently near record lows, we need to protect our historic wetlands to buffer us from future floods and droughts. Climate change research clearly indicates that the frequency and magnitude of severe flooding is expected to increase due to increased C02 concentrations in our atmosphere. I seriously question the draft FEMA flood zone maps in the plan, as the risks of flooding are not reduced with the current increased C02 in the atmosphere; instead the risks of flood severity and frequency are increased. I ask that the City Council seriously consider diminishing the density of development in the Normal Avenue Development Area and increasing the northward extent of the designation of wetland W-9. Additionally, removing proposed roadways west of Normal Avenue would also he preferable to diminish flash flooding on and near my property. it is notable that other areas in the Normal Avenue Development Plan Area appear to be at an even higher risk of flooding. Lastly, observed climate data indicates that our climate is warming. The water year 2013-14 was one of the driest years on record with spring snowpack under 40% of the 1981-2010 normal and, while 2014- 15 was close to normal for water, mountain snowpack was an abysmal 20% of normal in the Siskiyous this spring. With the expectation of increased average temperature, a resultant continued long term general reduction in snowpack, and expected increased frequency and severity of both floods and droughts in the next 50-100 years due to C02 that has already been emitted into the atmosphere, it is of utmost importance that the City of Ashland ensure its infrastructure is able to provide both current and future residents both a steady water supply and flood prevention and control. The following items are for reference: Wetland definition. Wetlands are part of the foundation of our nation's water resources and are vital to the health of waterways and communities that are downstream. Wetlands feed downstream waters, trap floodwaters, recharge groundwater supplies, remove pollution, and provide fish and wildlife habitat, http://tijater-.e a F v/t,{p° vetlands/index.cfm _Waterstoroge. Wetlands function like natural tubs or sponges, storing water and slowly releasing it. This process slows the water's momentum and erosive potential, reduces flood heights, and allows for ground water recharge, which contributes to base flow to surface water systems during dry periods. Although a small wetland might not store much water, a network of many small wetlands can store an enormous amount of water. The ability of wetlands to store floodwaters reduces the risk of costly property damage and loss of life---benefits that have economic value to us. For example, the U.S. Army Corps of Engineers found that protecting wetlands along the Charles River in Boston, Massachusetts, saved $17 million in potential flood damage. http://tijrater.epa.gov/type/wetlands/outreach,/upload/functions-values.pdf Please feel free to contact me for any documentation or evidence confirming the above statements. fhank you for your time and commitment to our fin=~ city of Ashland! Sincerely, Brett Lutz 1700 East Main Street Ashland, OR 97520 54 11-2 18-5203 j a tii 1 ! rte I Z'Ai t, f l A plan must be workab to succeed. I want to point out some features of the NNP that are at odds with the stated goals and principles of the plan itself. Preservation of open space and natural features This has been a stated priority, yet when looking at the map all the wetlands have an underlying zoning of 7-8 units per acre. If somehow these important lands were diminished in some way, then building at that density could happen. Roads and paths are also on the reap-this does not lead to their health. Housing types The plan shows various kinds of dwellings, from single family to apartments, yet, realistically, only about 60 acres of this 94 are buildable, • so even without density bonuses adding more dwellings., 450 units can not be accommodated except at a minimum of 7-8 units per acre. Is this what families want? Open space This has been mentioned as important at every meeting; yet, again, on 60 acres one can not possibly have community gardens, play areas, open spaces and walking paths while somehow fitting in over 450 housing units. Implementation of the Plan Although some on the committee assured the audience that build out would occur over many years, finished `way down the road', they also endorsed Advanced Financing, which allows the City taxpayers to pay for off-site infrastructure with the hope of being reimbursed as houses are built and assessments collected. However, any money not returned to the City coffers in 20 years (when does the clock start?) is forgiven. So, while a builder has reason to wait, then default on payment, the City should want to be reimbursed as quickly as possible. Transportation All emphasis has been on upgrades to East Main Street and the RR crossing, with various estimates as to the cost of improvements. What about Clay Street, now a rural road carrying lots of traffic, and a signal at Ashland Street and Normal. Shouldn't that be added to the total cost? Streets and paths are still not settled, but one connection that concerns me -the school bus turnaround for the middle school was designed to keep students at a distance from cars. Mere is a street that would carry traffic right past the buses. So much emphasis has been given to transit that some of the past priorities have been forgotten. My plea to the Council: Remove the underlying zoning from the wetlands and creeks. Then there is no incentive to drain, disk, or otherwise destroy these important features as building simply can not occur on these lands. Reduce the number of units by half, to 225. That would lessen the impacts, allow for a real variety of housing and open space, community gardens and parks while still adding ample housing to the inventory to satisfy growth needs for the next 2 decades. Do a comprehensive water study to update needs, supply sources and allocations, assess ►h~ c;Fy cN~do jr„pads of such l~Fg2 prcj' O. Submitted by Debbie Miller September 1, 2015 Normal Neighborhood Plan Comments by Sue DeMarinis 91 15 DON'T degrade the delicate habitats of the green or water resource areas in the NNP. Change the underlying & adjacent zoning of the`open spaces to the LOWEST housing density JAN-1-51. This lower density zoning will not allow inappropriate conditional permitted uses (like a commercially-operated assisted living facility), and bonus provisions for transfer of MORE INTENSE density from these zones - both with larger impervious footprints AND parking lots! Protect this area's unique natural features and reduce underlying zoning in open space areas AND retain the proposed "family-friendly character of the NNP". Reducing the PLAN density won't exclude affordable housing. All annexed parcels, regardless of their zoning, must still retain the required 25 percent. NNP Open space areas should NOT BE allowed to be REDUCED by a sirup#~ M#NOR amendment, BUT REQUIRE a MAJOR amendment process with public input and expert testimony. Neighboring homesites will be detrimentally affected by reducing the capacity of open space areas for retaining flood and storm waters. Meadowbrook Park Estates is seeing this problem fifteen years after building over or near wetlands, These residents are now seeing cracked foundations, backed up sewer drains, and flooded storm drains. I Do NOT want to stop the City of Ashland from growing. Just DO IT Sensibly and sustainably. Accomrrodate future_grov-ith across the ENTIRE Urban Growth Boundary. DON'T cram 75% of the projected need for one housing type (Suburban Residential) into a single Urban Growth Boundary site, creating enormous congestion and traffic hazards, especially adjacent to 3 school zones. City tax dollars will be offered in a new loan program, Advanced Financing, to developers. When did Ashland become a bank? Has the credit history of these borrowers been scrutinized for us, the lenders? Do we have a say in the requirements of this lending contract? The repayment of these funds through developer's SDC's will, according to the City's Cost Estimate Summary, reimburse the costs of offsite road improvements and storm drains. Where is the portion of this development's SDC funding that should go to upgrading the increased demand on our water and sewer treatment plants? Will Ashland citizens have to subsidize this missing money? If our City has enough capacity in our existing infrastructure systems like our Water Master Plan predicts, then why this summer, were 86 homes cut off from their TID water to supplement our dwindling Reeder reservoir supplies? Was this "Plan of Correction" the best way to accommodate unanticipated water/climate changes? Our wildfire protection standards are about to change city-wide due to severe climatic aberrations. The NNP should not have to be amended afterwards. Amend the DENSITY in the Normal Neighborhood Plan NOW, and proactively and sustainably PLAN-FOR A DENSITY our resources, environment and community can handle'. To the Ashland- City Council: Sept. 1, 2015, Meeting, re: Normal Neighborhood Plan My name is Paula Fox. 1 live at 367 Normal Ave. I want to talk about growth and water. Mayor Stromberg, in your State of the City speech in January of this year, you "put forth five proposals to preserve and improve the quality of life in Ashland in the coming years." The first two were: 1. Concentrate high-density residential development in "nodes" on the city's public transit corridor. 2. Reserve the Normal Avenue Neighborhood Master Plan area to provide larger detached homes suitable for families with children, built in cluster developments to allow shared gardens, play areas, and parking. I think this is a wonderful vision for future growth of our city. However, a big question looms over us today, and that is: How much should the City grow, given the current water shortages and predictions of continuing drought? The issue of water relates to quality of life and sustainability of limited resources. Ashland's finite water resources must be addressed prior to any development, especially this "overdevelopment" of 450 high-density housing units proposed in the Normal Neighborhood Plan. The Questions & Answers regarding the Plan posted on the City's website last night states: "The Plan actually improves the water master planning process by providing sufficient detail to determine size and location of future water lines that can then be added to the Water Master Plan." Oh, that's just great! You can determine the size and location of future water lines all you want, but the question not answered is: Where will the water come from? Oregon's ongoing four-year drought and water shortages are described as the "new normal" by our governor and numerous climatologists. We all know that Ashland's water sources are gravely stressed now and subject to additional threats in the future. For the second year, the City has taken away TID water rights from 86 Ashland households. That's half of all Ashland TID users! How many will it be next year? I understand the need to have a plan for future growth, but growth needs to be sustainable and within the limits of our natural resources. The plan needs to be responsible and realistic. High-density housing should be removed from the plan and replaced with clusters of detached homes for families, as envisioned by the Mayor. And NO growth should be allowed until the City's water supply is fully adequate to service existing households now and into the future. I think it is irresponsible for the City to even consider adding 450 new residential units during these times of drought. Our water situation is dire. Let's not make it even worse! FAMILY-FRIENDLY QUALITY LIFE I ASHLAND i t 1~ There's an unbalance of zoning for Suburban Residential (SRI in the plan. This zoning density within the Normal Plan is a~rylin 759, of all S pro a to needs for the entire urban rowtb boundary. Quoting the mayor from his State of the City speech this year, he said "that centrally located developments with higher density mixed-use residential overlays (which are residences above commercial) would allow for lower density, family-friendly development in the Normal Neighborhood Plan." There are ACRES of pocket areas within the city of Ashland that have yet to be developed, like below Riverwalk District between Mountain Ave. and Oak St, plus along Ashland St across from ` ''endy's, and at the intersection with Tolman Creek Rd. All of these infill areas already have city services and access to public transportation. So why is the City planning to cram so much density into the urban growth boundary when it's not needed? And why isn't the plan for this housing density to be spread trout the UOB? I encourage the council to support its own Goal# 13: "to develop infill and use compact urban forms", not urban sprawl! The mayor proposed in his speech to "reserve the Normal Neighborhood Plan (NNP) area to provide larger detached homes suitable for families with children." This plan should be designed with a smaller sustainable density that would also support Council Goal #14: to encourage the development of public spaces that build community and promote interaction. The plan presented tonight, with this concentration of extreme density, diminishes the opportunity for community gardens, sustainable agriculture, parks, play areas and preservation of educational natural resources within the Normal Neighborhood Plan. How can the Normal Neighborhood Master Plan incorporate zoning for 450 new dwelling units and uphold another Council Goal#7: to keep Ashland a family- friendly community? Please do not approve this too dense version of the NNP! Sept. 1, 2015 Ashla d City Council Meeting Tod Brannan ,(,,j f yl r r J j 367 Normal Avenue The City's So-called Q&A About the Normal Avenue (Master Plan The City posted a number of questions and answers about the Normal Neighborhood plan late last night. This hardly gives people a chance to respond before tonight's meeting! The answers seem to be an attempt to refute and shut down arguments citizens are making against this plan- Here's a reality check on some of the answers. O&A Says A Reality Check... I Need to agree on a This vision has to be a vision of the citizens, not the City vision Council and Planning Commission. As elected officials you work for us, and you have a responsibility to represent the citizens and what we want. The plan does not represent our vision. 2 Water is not a problem. If water is not a problem, then why did the City cut off TID Don't worry We've done water to 86 households the last 2 years and divert that our planning. water to the City? 3 In Oregon, cities are not True, but we don't have to be crammed in like sardines allowed to stop growth. either. The plan needs to drastically reduce the proposed density. 4 Infrastructure costs will I think this means the City will pay the developer to build be reimbursed by the the infrastructure, then the developer will pay us back? developer. Well, what could possibly go wrong with that? The City (confusing paragraph!) needs to perform due diligence on any developer, so the tax payers are not left holding the bag. 5 Normal neighborhood is How convenient! Just change what "infill" means, then a part of the infill strategy developer can build in the urban growth boundary even and therefore part of the though there is plenty of land within the city limits. This Buildable Lands answer ignores any discussion of costs! It is much less Inventory. expensive to build near existing infrastructure within the city limits than to build in an area with no infrastructure. Building in the NNP could be a big hit to tax payers. 6 County standards for You want to talk about aesthetics? Implementing the aesthetics are less proposed high-density plan would destroy the character of stringent than the City's. a beautiful neighborhood. Do you think that apartment buildings are aesthetically pleasing? I don't! Final Thought - This entire project has been developer driven with little support from citizens. The vast majority of citizens want this plan either totally rejected or revised to a much lower density. Nancy Parker, 456 Euclid St., Ashland, OR r f , " 1. The NNP is a big city plan designed for a small town by developers. Traditionally, Ashland has followed a policy of "Infill" to accommodate sustainable growth. With the NNP, the city abandons Infill in favor of urban sprawl. 2. Annexation of UGB land to build 450 new homes entails running city services to those homes, extending power lines, water mains, sewer lines, and fiber optic cabling to the site, and upgrading country roads. I understand the developer would pick up the tab for onsite infrastructure, but I'm talking here about extending services to the site. C I~ 3. I've reviewed the 37--page Plan, and nowhere do I find mention of costs. The entire discussion of infrastructure consists of two paragraphs on page 36-on water and sewer, which basically state that no existing City of Ashland services extend into the "project area." 4. No effort is made to estimate what the city's infrastructure costs might be, nor who is to pay them. Dollar estimates range from $5 to $10 million and higher-$1,000 or more per taxpayer. Talk of "Advance Financing" raises all sorts of red flags. What are we as a city doing, financing developers? The citizens are the city, and ultimately, if the developers default, we bear the cost. 5. What is most unconscionable about this plan, is that it is overkill. Ashland's own 5 growth studies forecast 187 new residents per year. Currently, within the city limits, with services already izi place, there are 1,883 buildable units. I.e., we have enough room to allow for sustainable growth for 20 years without needing to annex and develop UGB land 6. 1 understand the NNP project has been in the works for years. I understand you feel you've heard all you need to hear from Ashland's residents. But I must tell you that most of us only heard about this plan in the past month. And to me, it looks more like a Developers' vision than a citizens' Master Plan. i~ 8. You are the people we elected to represent us and our interests, not developers' interests. Most of us moved here to escape big city urban sprawl. Nowhere are our interests more at stake than here. This plan impacts our quality of life in terms of traffic, congestion, pollution, and loss of open space and wetlands. And it hits us in our pocketbooks. 9. The Normal Ave. Plan is much too large in scope for Ashland and incomplete in terms of cost estimates. And it ignores our values and our interests. I From the last two pages of the 37-page NNP Master Plan, here is all that is said about Infrastructure: Water No City of Ashland water services extend in the project area and all existing homes in the project area get their potable and domestic water from wells. The closest municipal water sources are the Lithia main that runs in the East Main Street alignment and an 8-inch main that runs along the full extent of Creek Drive and part of Clay Street. Sanitary Sewer No City of Ashland sanitary sewers extend to the project area; all existing homes in the project area rely on septic systems for disposing of their waste. A single 8-inch service stub connects Temple Emek Shalom at 1800 East Main Street to the 12-inch sanitary sewer that runs in the Bear Creek Alignment. Other proximate sewer lines include 8- inch sewer lines that run in the Walker Street, Creek Drive, and Clay Street alignments. I September 2015 U' i My name is Beth Coye. I live at 1609 Peachy Road. I am a member of the NNP Citizen Action Group, a group of Ashland citizens who came together a month ago to evaluate the implications of the Normal Neighborhood Plan (NNP) for all Ashland's citizens. I will speak to the Position Paper our Group submitted to the Mayor and City Council. This Paper contains three recommendations regarding the plan: 1. The NNP density should be reduced from 450 to 225 dwelling units, reducing the projected resident population from 914 to 457. 2. The City should institute a greater educational outreach effort i to inform Ashland citizens of the NNP, gathering feedback on the consequences of the plan. Currently, only a small percentage of citizens are aware of the NNP. 3. Ashland citizens need reassurance that the zoning requirement of 25% open space will be strictly adhered to, including wetlands, thus assuring preservation of this critically sensitive habitat. We make these recommendations based on six areas of concern: LCost_of infrastructure - The plan does not address the real'costs of external infrastructure improvements. [Nancy Parker will address this issue.] 2.Density/number of units - The plan provides for construction of 450 dwelling units, expected to house approximately 914 residents. Such density would compromise the integrity of wetlands, conservation easements, and hydrology management. It also would negate the principle of matching densities within the NNP with densities of contiguous neighborhoods. [Bryce Anderson will address this issue.] 3.Sustainability of resources and livability - [Several members will address this issue.] 4.Water - Finite water resources must be addressed prior to the i Council's approval of the NNP. Ashland's water sources currently are E stressed and subject to many future threats. [Paula Fox will address this issue.] S. Wetlands vrotection - Sue DeMarinis will address this issue.] 6. Street imorovements . Given these concerns, in particular the financial consequences to the City of Ashland - as well as the impact of the NNP on Ashland's quality of life the Citizen Action Group asks that the City Council table the E NNP as currently written and that the plan be revised to address these I concerns. As a former Political Science professor, I say that democracy demands citizen education and participation. In the case of the NNP, this has not yet happened. The number one goal of Oregon Land Use Planning is Citizen Involvement! I ask that City officials commit to orchestrating - citywide - a democratic process for the Normal Neighborhood Plan before making any more decisions. I i We don't wish to fight; we wish to dialogue. There has been minimal dialogue between citizenry and city officials. Thank you. Ashland City Council Meeting Sept. 1, 2015 VIA) My name is Carola Lacy. y I live at 667 Park, 42 ! i ' t3 y ~ 3 I will talk about street improvements. Street Improvements The high density of 450 residential units proposed in the plan will cause congestion on our streets, and will result in up to 5,000 additional vehicle trips per day (according to the city transportation commission). Much of this increased congestion will be near the middle and elementary schools, and will create a serious safety issue. Street improvements will be needed for Ashland St., Normal Ave., East Main St., Clay Street, and others. The Normal Ave. railroad crossing will need an upgrade. The congestion and safety problems would not be as bad if density were reduced. 1. Reduce the density from 450 to 225 units. This still will result in an increase of vehicle trips per day of 2,500, but it's a lot better than 5,000! 2. Improve the streets BEFORE any development is done. The city transportation commission has recommended this. To do street improvements "as needed", as the NNP recommends, will worsen congestion and cause serious safety issues around the schools and elsewhere. 3. Specify the exact street upgrades that will be needed and the costs. We citizens must know what the financial consequences will be for us. This entire project seems to be developer-driven with little support from citizens. In closing, most Ashlanders feel this entire project needs to be either totally rejected or revised to a much lower density. Further, we need a different format for dialogue. We must have longer than tht-ee minutes to talk back and forth about these crucial issues. G.~ 1 845 Cypress Point Loop Ashland, Oregon September 1, 2015 Ashland City Council 1175 E. Main Street Ashland, Oregon Council Members, I'm writing my concerns re: the Normal Neighborhood Plan. 1. The size of this development shows no regard for our natural resources. We're in drought conditions now and no rain in sight. A reduction in size to no more than 225 new units is more in line i! with our resources. 2. Another point is our electric usage. I believe ALL NEW HOMES must include at least two (2) solar panels on their roofs. Let's set a building standard for the future. l 3. Current developments approved by the council are two-story buildings. This practice allows for larger square foot homes but completely disregards your population of SENIOR CITIZENS! I is think that 50% of the homes should be single story for a balanced population. NO MORE SENIOR CITIZEN DISCRIMINATION! ! 4. Landscaping within this project must be drought-tolerant. The installation of public vegetable gardens for residential use would be another- added PLUS to our community. 5. ALL developmental costs for this project plus additional costs to i! our current sewage plant and roads MUST be paid by the developer. It is NOT FAIR. to our citizens to pay any more taxes. Please give this project your complete attention. I hope that all of you will address these five issues. It's for the good of our community. w K. Rishel and C. Richards Registered voters, tax payers, and concerned citizens. „h August 31, 2015 r , ,r City of Ashland Council i~ l. { Ashland Planning Commission Re: Normal St Development plans ii t~ Dear Officials: We have very strong doubts about the Normal area plan: We are concerned about the ability of the City and the neighborhoods surrounding the plan area to absorb and provide for the increased traffic congestion, infrastructure and water service resulting from the addition of 450 dwellings in the proposed area. • It does not seem reasonable to put 450 households in an area with limited street access and capacity- Both East Main St and Ashland St. are already often crowded with traffic, especially during morning and evening rush hours, and before and after school hours. The Tuesday growers market also adds to congestion on and near Wightman St. • Nor does it seem reasonable to take on such a large additional water demand when we are already pushing the limits of our supply. • Sewer and storm drainage will be hugely increased, and will likely require major additions. What demand is there to us s? With that much at risk, what compelling reason is there to undertake an addition of this scale? How will Qeople in Ashland benefit from the addition? Adding population does not necessarily benefit a community, particularly one like Ashland, which already offers a very good quality of life to its residents. It seems that perhaps there is some "we should to it because we can do it' sort of thinking going on. Progress has many dimensions other than size. Part of the attractiveness of Ashland is that it is reasonable in scale and all of the town is accessible to all of its residents. This elan seems radically out of scale. Thank you for your attention. 13 lu G AR~,l a C-1 e l3 Z ?l L, e- rv `v L-.a k--q, 4- 7 L°"J } F ~ fll$ffl,~~~Er ,iE x h~'l~: if € (4_ 'i August 31, 2015 `r tCity of Ashland Council E Ashland Planning Commission Re: Normal St Development plans j Dear Officials: We have very strong doubts about the Normal area plan: We are concerned about the ability of the City and the neighborhoods surrounding the plan area to absorb and provide for the increased traffic congestion, infrastructure and water service resulting from the addition of 450 dwellings in the proposed area. • It does not seem reasonable to put 450 households in an area with limited street access and capacity. Both East Main St and Ashland St. are already often crowded with traffic, especially during morning and evening rush hours, and before and after school hours. The Tuesday growers market also adds to congestion on and near Wightman St. • Nor does it seem reasonable to take on such a large additional water demand when we are already pushing the limits of our supply. • Sewer and storm drainage will be hugely increased, and will likely require major additions. What demand is there to justify these changes? With that much at risk, what compelling reason is there to undertake an addition of this scale? How will people in Ashland benefit from the addition? Adding population does not necessarily benefit a community, particularly one like Ashland, which already offers a very good quality of life to its residents. It seems that perhaps there is some "we should to it because we can do it" sort of thinking going on. Progress has many dimensions other than size. Part of the attractiveness of Ashland is that it is reasonable in scale and all of the town is accessible to all of its residents. This plan seems radically out of scale. Thank you for your attention- George .Pagani Nancy E. Pagani 158 N Wightman St Ashland, OR 97520 541-488-0047 Speaker Request Form THMS FORM IS A PUBLIC RECORD ALL WTFOMt IATION PROVEDED WILL BE YLADE AVAILABLE TO THE PUBLIC 1) Complete this form and return it to the City Recorder prior to the discussion of the item!you wjsh{ ` s f ~ to speak about 2) Speak to the City Council from the table podium microphone. 3) State your name and address for the record. 4) Limit your comments to the amount of time given to you by the Mayor, usually 3 or 5 nunutes 5) If you present written materials, please give a copy to the City Recorder for the record- f 6) You may give written comments to the City Recorder for the record if you do not wish to speak, (Comments can be added to the back of this sheet if necessary) 7) Speakers are solely responsible for the content of their public statement. Tonight's Meeting D ate V s Name r~ y Il.~~✓ I f ~ t L~,t (please print) Address (no P.O. Boz) Phone ( `).t(~ Email - - - Reaqxlar I1eetin y genda topiclitem number OR ) Topic for public forum (non agenda itern i Land Use Public Hearina Please indicate the falloPrzag: For: Against: Challenge for Conflict of Interest or Bias If you are challenging a member (a city councilor or a planning commissioner) with a conflict of interest or bias, please write your allegation complete with supporting facts on this form and deliver it to the cleric immediately. The Presiding Of5cer will address the written challenge with the member, Please be respectful of the proceeding and do not interrupt. You may also provide testimony about the challenge when you testify during the normal order of proceedings. Written Comments/Challenge:- The Public Meeting Zmv re uires that all city meetings are open to the public. Oregon law does not ah-vays require that the public be permitted to speak The Ashland City Council generally irnrites the public to speak on agenda items and during public forum on non-agenda items unless time constraints limit public testimony. No.person has an absolute right to speak or participate in every phase of a proceeding. Please respect the order ofproceedings for public hearings and strictly follow the directions of the presiding officer, Behavior or actions which are unreasonably loud or disruptive are disrespectful, and may constitute disorderly conduct. Offenders will be requested to leave the room. Comments and statements by speakers do not represent the opinion of the City Council, City Officers or employees or the City of Ashland- 9/8/2015 Zi m bra Zimbra goldmanb@ashland.or.us FW: Council Contact Form - Jim Wells - 9/2/2015 From : Dave Kanner <dave.kanner@ashland.or.us> Wed, Sep 02, 2015 12:24 PM Subject : FW: Council Contact Form - Jim Wells - 9/2/2015 To : 'bill molnar' <bill.molnar@ashland.or.us>, brandon goldman <brandon.goldman@ashland.or.us> From: Jim Wells [mailto:ann@ashland.or.us] Sent: Wednesday, September 02, 2015 12:21 PM To: council@ashland.or.us Subject: Council Contact Form - Jim Wells - 9/2/2015 Name: Jim Wells Email: homegrown530)hotmail.com Subject: N N P Message: September 2, 2015 Ashland City Council members: Thank you for the opportunity to provide public input regarding the NNP at your September 1 meeting. A) In this follow-up, I would first of all like to commend Mayor Stromberg for his handling of the meeting. I am well aware of the challenges of doing so in such circumstances. B) Next, then, I would like to point out two unfortunate artifacts of one of John's choices in that regard. (I emphasize: artifacts - I believe I understand and I do appreciate why he made that choice, and I seriously doubt he had anticipated them.) Because the staff report was at the end of the meeting: 1) Many people had already left (whether frustrated at having been relegated to a back room where they could not hear the proceedings well, it became past their bedtimes, or for any other reason.) Those people did not have the opportunity to hear and assimilate the information from staff. Many of the public comments I had heard seemed to characterize the NNP in ways that the staff report seemed in conflict with. It would have been illustrative to see what folks would have said differently if they had already had that staff report in mind. If those who have already commented now think differently about any of what they previously commented on, we are unlikely to hear that. 2) Accor ding to the rules that the mayor said would apply to public comment on the matter, because I had a turn at the mike I am now barred from commenting on any aspects of the NNP except for on any changes made in a next reading. But, as I made clear, I had been commenting as an "undecided", for lack of sufficient understanding of the matter, and seeking much more information in order to comment intelligently in a helpful manner. The staff report was an important conveyor of some of such information, but, now better informed, I seem disallowed to comment from a more informed position and yet others who were not present to hear that information are allowed to comment from a https://zi mbra.ashland.or.us/zi m bra/h/pri ntmessage?id=106895&xi m=1 1 /4 9/8/2015 Zi m bra position of ignorance of it! If I had anticipated this, when called to comment I would have asked to be put in the "next meeting" category. It might be tempting to say that because the audio/video record of the meeting is available online, that those yet to testify have the opportunity to be exposed to the staf f report, and it may be tempting to say that because I have the opportunity to submit written testimony that is searchable online, I have the opportunity for my comments to not only further the deliberations of the Council but also the public dialogue. But that would diminuate the realities that not all citizens are e-facile, and that, even for those who are, face-to-face interaction has far more potential to be of value in the case of community conflict - --and, yes, more potential to be over-dramatic. But I am someone with experience in community conflict resolution, including one instance that resulted in what most people saw as a "miracle" wherein a formerly 27-clique community for three decades running as if is an "open-alliance" game of Risk (vitriolicly lining up for and against one another differently depending on the issues at hand) had instead come out speaking in one voice. (The subject at hand involved nudity at a hot springs on federal land. One of th e cliques at the table were "preaching" fundamentalist Christians who considered nudity to be such a non- nuanceable sin that I would not be surprised to learn that they slept with their clothes on even with their spouses. Prior to the conflict resolution process, they had advocated for blowing up the hot springs to prevent the sin of nudity. Another clique was "preaching" nudists who had threatened to march naked down Main Street on Sunday as churches were letting out if they were not allowed to exercise their God-given right to nudity at the hot springs. There were plenty of other pre-divisions, but that particular one should illustrate how significant it was that all ended up speaking in one voice.) If such a thing were possible in that case, it should be a piece of cake in this one. The format of the September I City Council meeting was anti-conducive to that end. It brought up memories of the ever-disrespectful model of USForestService public comment - Thanks for you r input, we will interpret it without your ability to make sure we actually understood what you meant, do what we wish with it, maybe or maybe not discuss it among ourselves in private, make a decision with or without it in mind, perhaps even justify our decision by twisting your comment into sounding like it somehow supports it, only then will you be able to learn the outcome, and if we failed to properly consider your input, your only recourse to help us properly consider it will be to take an escalated adversarial position.' I am NOT saying that is the Council's attitude, nor that the Council's process does not have elements that attempt to avoid such dynamics - as I said in my oral comment, I am a neophyte with regard to the Ashland city governing process. As a matter of fact, I currently have an expectation that you are all extremely well-meaning individuals, likely of high intelligence, and place great value upon both progressive municipal policy (as well as manifests tion) and community cohesion - in fact, I am strongly counting on that. What I am saying is that truly collaborative brainstorming is almost like magic, but it requires a very different format. C) I noted that the mayor made a point of asking the Senior Planner to take his time in giving his report, citing its importance to the public, and that the mayor attempted to see to it that one particular aspect of the SP's report was especially clear. I am somewhat erudite and a quick study', and yet I found the use of bureaucratic terminology and the speed of delivery in that attempt at clarity to make it difficult to be sure what that clarity was. An imperfect analogy might be https://zi m bra.ashland.or.us/zi m bra/h/pri ntmessage?id=106895&xi m=1 2/4 9/8/2015 Zi m bra when someone uses only all pronouns such as "he", "they", and "it". This, as I am sure you are aware, is a common occurrence. Those of us familiar with the language of our own worlds easily forget that its use may not be so quickly descriptive for others less used to it. Maybe I was the only person listen ing that could not be sure what was being described, but I doubt it. The Senior Planner's report had similar drawbacks in that regard, although not as strongly, but since the SP's report covered much more ground, the overall result was similar. I will be seeking, and will obtain, greater understanding via direct conversation with the SP, but it is unlikely that many others who would likely benefit from gaining such understanding will do so, and thus (since I believe that the Council's process would greatly benefit from a wider public understanding of the SP's report) I strongly suggest a widely and loudly advertised public meeting be held solely for that purpose. D) I wish to corroborate the testimony of another speaker who reported regarding the current traffic concerns on Clay St: The consequences of the housing developments along its east side between Ashland St. and East Main were a marked increase in danger. I find myself often feeling the need to drive at 5mp h, and so metimes still feeling like that is too risky, so then driving on the wrong side of the road or in one stretch driving down the middle of the road because neither side of the road feels safe. These concerns go beyond the usual residential road concerns which the residential speed limit is designed to effectively mitigate. For instance, the subsidized, multi-family housing across from the Wingspread Mobile Home Park (where I live), is clearly stocked with young children and the parked cars on the narrow street present a feeling of (and actual) blocked visibility. Anyone who has ever experienced (as I have) a ball suddenly appearing from between blocked cars with a small child chasing it, and/or a mother or child opening a car door on the street side into one's oncoming path, never forgets that feeling of terror. It seems clear to me that particular housing development involved similar issues (such as wetland considerations) that are supposedly addressed in the NNP, and so t he result s of the developments on Clay St. do not give me great confidence that I can trust the city's planning process with Council oversight to be adequate with regard to the NNP. Again, I seek to be clear: I am NOT saying that I distrust city's planning abilities nor the Council's oversight in the case of the NNP - I am saying I have cause not to yet take a "trust us, we know what we are doing when it comes to making and acting out sound land planning/development decisions for the good of the community" stance, especially when it comes to "affordable" housing (a term which I would like to see the city's definition of, btw, if it is going to be used as a buzzword.) E) In closing for now: I hope that I will be able to be of help in reaching an all-party-embraced outcome - not a "compromise" - a "win" for everyone. I imagine that you are as busy in your lives with many other matters than civic (just as I am, or you and I would already have become a cquainted around issues municipal.) I thank you for taking the time to read this, and I thank your for your service to the City of Ashland, its residents, and the greater good. Jim Wells 321 Clay St., spc 115 https://zimbra.ashland.or.us/zimbra/h/printmessage?id= 106895&xim=1 3/4 9/3/2015 Zi m bra Zimbra goldmanb@ashland.or.us FW: Council Contact Form - Jim Wells - 9/3/2015 From : Dave Kanner <dave.kanner@ashland.or.us> Thu, Sep 03, 2015 08:29 AM Subject : FW: Council Contact Form - Jim Wells - 9/3/2015 To : 'bill molnar' <bill.molnar@ashland.or.us>, brandon goldman <brandon.goldman@ashland.or.us> From: Jim Wells [mailto:ann@ashland.or.us] Sent: Thursday, September 03, 2015 2:06 AM To: council@ashland.or.us Subject: Council Contact Form - Jim Wells - 9/3/2015 Name: Jim Wells Email: homegrown53(a)hotmail.com Subject: NNP Message: CORRECTION TO MY ORAL PUBLIC INPUT: When I spoke of the handling of the NPP development process as having been in "bad form", I was too brief in the interest of time, resulting in me speaking too narrowly. What I wish I had said was (and if I had the opportunity to speak of it in public again, I would hope to say): IF the characterizatio ns I have heard from those dissatisfied with the process are accurate, then the process was in bad form in that it was disrespectful of constituents. IF those characterizations are NOT accurate, then the process was in bad form in that it allowed constituents to FEEL disrespected. In either case, it can be said that there are certain people who just don't seem to want to and/nor are capable of valuing or recognizing respect, instead only interested in getting their way. In my experience, those types of people are extremely rare, other than among the sub-set of humans who are "anti-socials" (which tend to become criminals or politicians.) For all but those rare individuals, there are formats and techniques of public policy formation that can not only avoid creating feelings of disrespect among its participants, but can actually reliably produce feelings of mutual respect. So powerful are these formats and techniques in that regard, anti-socials weed themselves out o f the pro cess because they recognize that they are not going to be able to have power over others via neither directly as individuals nor indirectly via creation of factions they can manipulate. I advocate for a change in the process in that direction. -Jim Wells https:/Izimbra.ashland.or.us/zimbra/h/printmessage?id= 106945&xim=1 1 /2 8 September 2015 To: Mayor Stromberg and City Councilors From: Beth F. Coye and Sabra Hoffman, Citizen Action Group, Normal Neighborhood Plan Subj: Where to Go Next re Normal Neighborhood Plan (NNP) Given the immense citizen opposition to the City's Normal Neighborhood Plan (NNP), several options are possible: (1) Modify the plan slightly to accommodate some citizen concerns at the first reading of the ordinances and pass the Plan soon; (2) Table the First Reading and initiate dialogue with concerned citizens and decision makers; or, (3) Table the First Reading and initiate dialogue to include citywide education about planning. We ask you to select either option 2 or 3. We, as well as many other Ashlanders, will be disappointed and angry if the NNP is passed by the Council without considerably more discussion and real dialogue between and among residents, city leaders and decision makers. Before a month ago, few citizens outside the Normal Avenue neighborhood were aware of the City's NNP which is about to be adopted by the Council. When members of the Citizens Action Group were delivering flyers to areas not near the NNP, fewer than 5% of people had even heard about the proposed plan. Clearly the city has been negligent in informing citizens about the NNP. The ramifications of annexing 94 acres are numerous and deep and affect the entire city. If the Council is authentic about its Strategic Plan wherein its second goal under "Government" is to "Promote effective citizen communication and engagement" which stresses citizen participation, as well as the State's Planning Land Use Number One Goal of "Citizen Involvement", then tabling the Plan is the right thing to do. In fact, tabling is the only prudent option. Strong leaders adjust policy and decisions when new information comes to light. When the Council tables the Plan, we urge the Mayor or Council to appoint a citizen-led NNP Committee to report bi-weekly or monthly to the Planning Commission and the Mayor, depending upon the timeline. Under the third option above, one of the purposes would be citywide education about the process of planning within the City, using the NNP as an example of how ordinances, the UGB, the BLI, the Comprehensive Plan, et al, relate to the city's planning processes. At the September 15t meeting, several residents testified about the issue of trust. As you each well realize, city residents believe that those who govern are acting on their behalf. It is crucial that the City Council acts with integrity and commitment to the best interests of all citizens. How could we have reached a first reading of the Normal Neighborhood Plan without citywide education and without Ashland citizens being heard by those who govern our city? Respectfully, Beth F. Coye /s/ Sabra Hoffman /s/ 1609 Peachy Road 345 Scenic Drive From: Nancy Parker Sent: Thursday, September 10, 2015 8:40 AM To: Pam Marsh Cc: Carol Voisin ; rich (&council.ashland.or.us ; mikeacouncil.ashland.or.us ; stefaniacouncil.ashland.or.us ; Greg Lemhouse ; John Stromberg, Mayor ; Mike Fraught ; Bill Molnar ; Brandon Goldman Subject: Re: Normal master plan Dear Pam, Thank you very much for your thoughtful email (see below this email) in response to the Citizen Action Group's Position Paper. The group appreciates your extensive knowledge of and investment of untold hours in the Normal Neighborhood planning process. As you observed at the Council meeting on September 1, there is widespread concern on the part of many Ashlanders about this plan, concerns that are shared not only by Normal Avenue neighborhood residents but also by citizens throughout the city. It is our strong belief that, as people of conscience and community-mindedness, you and all of us can reach agreement and consensus on the Master Plan, so that it reflects the best interests of all Ashlanders. This past weekend, a group of us (non-Normal Ave. Ashlanders) took a walking tour through the NNP area so that we could better appreciate the NNP plan and its impact. We came away with a number of impressions, which form the basis for a possible consensus we might reach: 1. Wetlands - The wetlands are threatened by the zoning in the current plan. The dense zoning overlaying wetlands cries out for use of the "wetland mitigation" loophole in state law, which would allow developers to designate some "comparable" wetland acreage in another area of the state in order to pave over the wetlands in the NNP. We understand that the city allows mitigation to other areas within the parcel, as though naturally occurring wetlands could be relocated based on developer convenience. Needless to say, many of us would like to see NO zoning imposed over these wetlands. However, our group recommends a compromise: • Those areas currently zoned NN 1-3.5 which overlap wetlands be reduced in density to NN 1-5. • Concurrently, we ask that the City agree to deny all efforts to mitigate these wetlands, either onsite or offsite, or at least require a Major Amendment for any such mitigation. • We also offer a suggestion: that the City purchase the wetlands acreage within the NNP and designate it as park land, so that it will remain open space in perpetuity. 2. Density - We agree with the idea in your email that density should "mirror the density of surrounding parcels." Zoning 75% of the 94 NNP acres as NN-1-3.5, NN-1-3.5-C, and NN-2 fails to mirror the density of surrounding parcels. It is much too high. (Using Quiet Village as an example of a "surrounding parcel" is irrelevant. It is not adjacent.) Of the total buildable acreage zoned NN-1-3.5 that is needed across the entire UGB, you are packing fully 75% of it into the Normal neighborhood. Further, of the total buildable acreage zoned NN-2 that is needed across the entire UGB, you are packing half of it into the NNP. Also, we find it confusing and misleading that the NNP's Amended Zoning Map in no way matches the Hardey Engineering "Dwelling Unit Potential" Map (2/28/15). We recommend the following by way of compromise: • Limit the number of dwellings on the acreage to 225 instead of the current 450, which would more accurately reflect the surrounding neighborhood. • This reduction in density could be offset by an increase in residential zoning density on other buildable UGB parcels. Please refer to the attached annotated copy of Ashland's Buildable Lands Inventory to see other buildable parcels where high density zoning could be accommodated. • What we want to avoid in the NNP is any development in areas zoned NN-1-3.5 which has a density of more than 7 dwellings per acre. Thus, we recommend eliminating allowance of multifamily dwellings in NN-1-3.5 parcels. • Land usage restrictions should be imposed so that density bonuses will not allow for more than 6.6 dwelling units per acre in NN-1.5 zoned parcels. • Eliminate the NN-2 zoning in the NNP and spread it across other buildable UGB parcels. 3. Advance financing - We have all experienced real estate bubbles such as the one in 2005- 2013. In 2005, Many invested in property which subsequently lost 40-50% of its value; many were forced to default on mortgages and faced foreclosure. That, in turn, drove down the value of surrounding property. The idea of the city extending credit to developers in this highly speculative and volatile real estate market, for the purpose of building infrastructure in and around the NNP, seems ill-advised and reckless. The citizens of Ashland would essentially be loaning money to developers and assuming the risk that developers would otherwise have to shoulder themselves. Spreading the risk to the citizens of Ashland without their consent seems wrong and irresponsible. We recommend that you: • Eliminate the option of advance financing altogether for NNP, or at least build into any advance NNP financing agreement, language that will absolutely mitigate the risk assumed by the City and, by extension, the citizens. • At minimum, require that any developers taking advantage of advanced financing be bonded against default on repayment of these loans. 4. Water and Sustainable Growth - We are living in a time of unprecedented climate change and, while none of us knows the future with any certainty, experts agree that the planet is warming and the drought conditions in our region may well be our new normal. Our local water resources are driven by realities beyond our civic control - snow pack, drought, and in the case of TAP, Medford authority. We recommend: • Modification of the NNP Master Plan so that it can be flexibly changed to allow for only growth that is sustainable in the face of limited resources, should dramatic water shortages occur. • If you agree to our Density recommendations in Item 2, above, you would go a long way toward accomplishing sustainability. Our action group recognizes and accepts the inevitability of growth and agrees with you that a Master Plan for the Normal neighborhood is necessary. We understand that your goal in putting together this plan is to allow for growth that is in the best interests of the people of Ashland. We share these ideals and feel that growth must be designed in a way that is sustainable. It is our hope that we can work together with you to reach solutions to our specific concerns. Toward that end, we ask to meet together with you, Bill Molnar in the Planning Dept., and Mike Faught in Public Works, if possible, ahead of the Sept. 15 Council meeting, to explore solutions. The Oregon Dept. of Land Conservation and Development's Citizen Involvement Advisory Committee (refer to the enclosed email below from the DLCD) has issued guidelines for citizen involvement in land use planning actions. (Please see http://cacti,Nv.oregon.gov/lcd/ages/citizeninx,olvement.aspx for more information.) One of their strong recommendations is that town hall-style meetings be held, during which an open dialogue can occur between citizens, planning leaders, and decisio- makers, where citizens' questions and concerns can be fully addressed. Our final recommendation is that we table further action on the NNP Master Plan until at least one such meeting can occur. This would go a long way toward reassuring Ashlanders that the NNP truly and fairly reflects community values and interests. We look forward to an open and consensus-driven dialogue with you about this important matter. Sincerely, The NNP Citizens Action Group: • Bryce Anderson /s/ (representing 40o residents of the Chautauqua Trace, Meadowbrook Park Estates, • East Village, and Ashland Meadows HOA's) • Tod Brannan /s/ • Beth F. Coye /s/ • Sue DeMarinis /s/ • Paula Fox /s/ • David Hoffman /s/ • Sabra Hoffman /s/ • Nancy Parker /s/ Enclosure: Email from Oregon Dept. of Land Conservation and Development From: "Carney, Sadie" <sadie.carney@state.or.us> Date: Sep 4, 2015 9:14 AM Subject: RE: Urban growth boundary regulations To: 'Sue DeMarinis' <suedem@charter.net> Cc: "Le Bombard, Josh" <josh.lebombard@state.or.us> Hi Sue, Thank you for your email. I sympathize with you, deciphering planning code and finding supporting statute is not always as easy as we'd like it to be. Even internally! I consulted with our urban land use attorney here, and we agree that the guidance DLCD offers that is most closely related to your query (as I understand it) is Goal 10 - Housing. While not explicitly permitted, the shifting of planned density from one area within a UGB to another is not disallowed or even discouraged. As long as a city is maintaining and planning for overall densities appropriate to the housing needs as outlined in Goal 10, they are in compliance with the guidance and direction offered in both statute and rule. I'm not sure if that is the kind of answer you're looking for. You have a regional representative in Southern Oregon who I have cc'd on this email. As such, he may be more familiar with the issue and better able to answer questions specific to the planning activities in Ashland. I hope I was at least somewhat helpful! Many thanks, Sadie ps. The DLCD is currently recruiting someone interested in Citizen Involvement for a position on our Citizen Involvement Advisory Committee - if you'd like to learn more about the committee and its role please check out our website at this link: http://www.oregon.gov/lcd/pages/citizeninvolvement.aspx Perhaps you would be a good ft! Sadie K Carney Rural Policy Analyst/Communications Manager Director's Office Oregon Dept. of Land Conservation and Development 635 Capitol Street NE, Suite 150 1 Salem, OR 97301-2540 Direct: (503) 934-0036 Cell: (503) 383-6648 1 Main: (503) 373-0050 sad i e.carneygstate.or. us I wwvv.oreg_on.gov/LCD/ -----Original Message----- From: Pam Marsh Sent: Monday, September 07, 2015 9:53 PM To: naparker e,mind.net Subject: Normal master plan Hi Nancy, Thanks so much for re-sending your position paper last week. The first attempt must have gotten lost in cyber space, so 1 appreciate your subsequent emails. I'm sorry it has taken me a few days to get back to you; finally, the weekend has given me a chance to catch up. I'll try to respond to your concerns, although I probably won't do all your questions justice in an email. What's gotten lost in all our ruckus is why we took on a master plan for Normal in the first place. Critically, if Normal doesn't develop within the city, it will likely be developed under county standards, which would allow large parcels, wells and individual septic fields, and less protection for the wetlands. In ten years, once we've used up any vacant land currently within city limits, we'd be forced to go outside what is now our urban growth boundary to expand. The Normal parcel is surrounded on three sides by the city, and that seems vastly preferable to me than taking in land on the other side of the freeway. So it seems to me that failing to plan for Normal would be an environment disaster and a tremendous missed opportunity in a day and age when we need to use our land efficiently. It's also critical to keep in mind that this is a very long term plan. Some of the land is now being used by 10 acre parcels, and those are unlikely to redevelop anytime soon, and certainly the churches, temple, etc. are not likely to change. So the plan just lays out where the roads and density would be if and when someone wants to do something. In the meantime, the truly vacant parcels could support about 300 units if fully developed, only about 3-4 years worth of growth for the city, assuming our current very low .75% growth rate. The proposed density mirrors the density on the surrounding parcels. We are trying to create an intergenerational neighborhood that could appeal to families and seniors looking for a smaller, less expensive home. The zoning would allow 3,500 square foot parcels, with much more common open space that is required in any other development in town. There should be little if any taxpayer money involved in development. Internal infrastructure, including roads, water, sewers, etc. will be constructed and paid for by the developer(s). Two external transportation improvements - the railroad crossing and improvements to East Main Street will be financed by Normal development and the city's commitment of SDC (system development charges) money. The SDC hinds are intended to offset just that portion of the traffic than can be attributed to citywide use, and the Normal development will pay for the portion that is attributed to Normal. As you probably know, SDC charges are paid by developers and must be spent to ameliorate the impact of development. So this is not tax money, but rather money intended to improve citywide infrastructure. It is also possible that the city would employ something called advanced financing, to initiate the two external improvements. If we do so, it will be with the ironclad assurance that development within Normal will pay its share of the projects. Finally, a word about drought. The water master plan for the community assumed about a.75- I% growth rate in the community over the next years. Normal would be part of that I%. So water use in the new neighborhood has already been calculated into our assessment of need. Of course, the drought has made us all much more aware of water impacts. But we can't cut off growth. The state has mandated that we set aside developable lands, and Normal is part of that. I expect you have other questions or concerns that I haven't touched. This is just a quick note to convey some of my thinking. Thank you so much for the opportunity to share some of my thoughts on this big, complicated master plan. I hope you will share my response with others in your working group; if anyone has questions or believes I've mis-stated something, I hope they will email or call. Please let me know if you want to talk further. My best, Pam Marsh 541-282-4516 Councilor Pam Marsh City of Ashland (541) 282-4516 PUBLIC RECORDS LAW DISCLOSURE This is a public document and is subject to the Oregon Public Records Law. Messages to and from this email may be available to the public. cog" C c > > co x 0 c N a as co 0 A~ ~o fr C c > 0 < 70 -0 m 0 U) U) t!y t ° a a .J r+s O N N °~c> zL pop L) U) i > ki S 00 E :3 0 C L O O Z 42 O w E pu~~ o ~uiea qo W apunoaanos f/aa o 0 N° ~S GoAp- j U > ) > ~ c O o u ~ o C U) cn C: J Q _d C x cn . >i cc cz C O 2,O m O tx0 O as " (ll CO 0 p U N ct5 as w E CU ~ N C 0 ~ L C J 0) : L o (D G U CITY OF -AS H LA N D Council Communication September 15, 2015, Business Meeting First Reading of an Ordinance Amending "Owner" Definitions to AMC Chapters 1.04 General Provisions, 9.04 Weed Abatement, and 9.08 Nuisances FROM: David H. Lohman, Ashland City Attorney, lohmand@ashland.or.us SUMMARY This topic of making holders of security interest in abandoned properties responsible for nuisance abatement was presented to Council and discussed at the August 4, 2014 Study Session. Council directed staff to return with an Ordinance amending the definitions of "Owner" in AMC Chapters 1.04 General Provisions, 9.04 Weed Abatement and 9.08 Nuisance to include persons, in addition to legal title owners, having a primarily lien, security or mortgage interest in possession or control of the property. BACKGROUND AND POLICY IMPLICATIONS: Ashland has been experiencing a marked increase in the number of nuisance claims requiring abatement on properties with respect to which the owners cannot be located and the owners' creditors do not take maintenance responsibility despite their security interests in the properties. In typical cases, a property owner who owes a lender more than the property could sell for simply abandons the property and stops making payments to the lender. Despite its security interest in the property, the lender then puts off completion of foreclosure litigation and sale of the property for one reason or another (sometimes waiting for a more favorable sellers' market) and takes no responsibility for upkeep of the property in the meantime. Often, mortgage insurance, which the lender required the owner to obtain as a condition of the loan, provides continued monthly payments to the lender. Receipt of monthly payments from the mortgage insurer effectively reduces the lender's incentive to pursue foreclosure to get the property into the care of a new owner or to assume any responsibility itself for care of the properly. Where such lack of maintenance has led to significant risks to public safety and welfare, the City has sometimes undertaken abatement measures at the expense of City taxpayers; sometimes the City has been unable to do so for lack of resources. Abandoned properties not only breed risks of fire, vermin, occupation by squatters, and injury to trespassers; they also undermine the desirability of neighborhoods and the property values of nearby homes. Arguably, those who do or ultimately will receive compensation for their ownership interests or security interests in abandoned properties (or who knowingly acquired such interests in expectation of compensation) should bear the costs of any necessary abatement measures. Page 1 of 2 ~i, CITY OF -AS H LA N D Changes made to proposed ordinance more directly define ownership as occurring when the lender initiates intent to claim legal title to the subject property by serving or filing any foreclosure proceeding. COUNCIL GOALS SUPPORTED: N/A. FISCAL IMPLICATIONS: None. However, because the recommended ordinance appears to be an untested municipal response to abandoned properties, some affected party might try challenging it in court. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of this ordinance. SUGGESTED MOTION: I move approval of the first reading by title only of an ordinance titled, "An Ordinance Amending Owner Definitions to AMC Chapters 1.04 General Provision, 9.04 Weed Abatement and 9.08 Nuisance." ATTACHMENTS: 1) Proposed Ordinance; 2) Minutes: http://www.ashland.or.us/Agendas.asp?Display=-Minutes&AMID=5755 Page 2 of 2 1`, ORDINANCE NO. AN ORDINANCE AMENDING THE "OWNER" DEFINITIONS TO AMC CHAPTERS 1.04 GENERAL PROVISIONS, 9.04 WEED ABATEMENT AND 9.08 NUISANCES Annotated to show deletions additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section I 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 City has been experiencing a marked increase in the number of nuisance claims requiring abatement on properties with respect to which the owners cannot be located and the owners' creditors do not take maintenance responsibility despite their security interests in the properties. WHEREAS, Persons or entities which have ownership interests or security interests in property within the City, and which ultimately may receive compensation for sale of those interests, should bear the responsibility for removing unreasonable threats to public safety and welfare occasioned by their failure to maintain such property. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 1.04 General Provisions, Section 1.04.010 Definitions (L) is hereby amended to read as follows: Section 1.04.010 General Provisions. Definitions. L. Owner, applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land. In the case of property subject to foreclosure as a result of bankruptcy or default of the Imal owner, the City may deem the "Owner" to be the person, other than the legal owner, who has a primary lien, security, or mortgage interest in possession or control of the property or who is the deed of trust beneficiary of the property. SECTION 2. Chapter 9.04 Weeds and Noxious Vegetation, Section 9.04.005 Definitions (E) is hereby amended to read as follows: Ordinance No. Page 1 of 3 Section 9.04.005 Definitions. E. Owner: owner of real property, agent of the owner, and/or occupant of any lot or parcel of land. In the case of property subject to foreclosure as a result of bankruptcy or default of the legal owner, the City may deem the "Owner" to be the person, other than the legal owner, who has a primary lien, security, or mortgage interest in possession or control of the property or who is the deed of trust beneficiary of the property. SECTION 3. Chapter 9.08 Nuisances, Section 9.08.010 Definitions (G) is hereby amended to read as follows: Section 9.08.010 Definitions. G. Person in Charge of Property means an agent, occupant, lessee, contract purchaser, or person, other than the owner, having possession or control of the property. In the case of property subject to foreclosure as a result of bankruptcy or default of the legal owner, the City may deem the "Person in Charge of Property" to be the person, other than the legal owner, who has a primary lien, security, or mortgage interest in possession or control of the property or who is the deed of trust beneficiary of the property. SECTION 4. 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 ordinances(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. 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 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 Nos. 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 , 2015, and duly PASSED and ADOPTED this day of , 2015. Barbara M. Christensen, City Recorder Ordinance No. Page 2 of 3 SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 3 of 3 EXCERPT FROM MINUTES OF ASHLAND CITY COUNCIL STUDY SESSION AUGUST 4, 2014 3. Discussion of making holders of security interests in abandoned properties responsible for nuisance abatement City Attorney Dave Lohman explained the ordinance would allow the City to hold the primary financial interest in a foreclosed or legally bankrupt property responsible for abatement. The ordinance would include vacant lots. A lender could challenge the City in court but it was doubtful the City would lose. Currently the Code Compliance Specialist had identified 5-6 properties and staff suspected more. Council agreed and directed staff to return with a draft ordinance. Meeting adjourned at 6:15 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder CITY OF -ASHLAND Council Communication September 15, 2015, Business Meeting An Ordinance Amending AMC Chapter 9.16 To Require Dog Licensing and Declare Certain Dog Behaviors to be Public Nuisances FROM: David Lohman, City Attorney, david.lohman@ashland.or.us SUMMARY This agenda item seeks Council approval on first reading of amendments to current AMC Chapter 9.16 concerning dog-related nuisances. One of the proposed changes would require any owner or keeper of a dog within the City limits to have proof of licensing or proof of rabies vaccination when the dog is not on its owner/keeper's premises. The other significant proposed ordinance change specifies canine behavior that constitutes a public nuisance. Finally, the proposed ordinance includes definitions intended to clarify the application of the above substantive amendments. BACKGROUND AND POLICY IMPLICATIONS: At its January 5, 2015 study session, Council informally agreed to consider possible ordinance amendments concerning licensing and vaccination of dogs. In recent years, a notable increase in the number of dogs in the City, especially dogs allowed to linger for extended periods of time in downtown locations, has resulted in pedestrian safety and sidewalk passage problems, as well as concerns about unvaccinated dogs spreading certain diseases. The current ordinance proposed for amendment is AMC 9.16 Nuisance-Dogs. One proposed change is to add a new section on definitions, proposed AMC 9.16.005, to make the meaning of terms used in subsequent provisions clear. The definition of "keeper" is a slight adaptation of that provided in ORS 609.015 et seq., the Oregon statute on dog control; it includes anyone who has charge, custody, or possession of a dog, including its owner. The definition of "service animal' that is currently in AMC 9.16.060 is proposed to be moved to the new definitions section and modified to make clear that a service animal must have completed individual training to perform tasks for a person with a disability and must be trained to obey its keeper's commands. The addition of the dog licensing requirement to City Code reiterates Jackson County Code 612.03 and implicitly channels citation appeals to Ashland Municipal Court, probably the most appropriate venue for such matters. Under the proposed City ordinance, however, a dog's keeper has the alternative of presenting a current, valid rabies vaccination certificate in lieu of proof of licensing. The proposed amendment adds a new provision, 9.16.070, detailing dog behaviors to be deemed a public nuisance. In a general way, these misbehaviors could be addressed through citations for violations of AMC 9.08.020 (dangerous animals to be kept under control), 9.08.030 (animals to be Page l of 2 rr, CITY OF ASHLAND kept from running at large), 9.08.110 (prohibiting scattering of rubbish), 9.08.170 (prohibiting unnecessary noise), 9.08.190B (disallowing acts or outcomes deemed injurious or detrimental to public health, safety, or welfare not enumerated elsewhere), 9.16.010 (requiring control of dogs), 11. 16.060 (prohibiting obstruction of sidewalks), and 13.03.050A(3) (requiring unobstructed sidewalk passageway at least 6-feet wide) The proposed new provision on specific dog-related nuisances, however, provides consolidated, clear guidance for both dog keepers and enforcement officials. Proposed 9.16.070 incorporates provisions from similar ordinances in Albany and Medford, Oregon and Santa Cruz, California. COUNCIL GOALS SUPPORTED: N/A. FISCAL IMPLICATIONS: N/A. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council approve First Reading of the ordinance. SUGGESTED MOTION: I move to approve First Reading by title only of an ordinance titled "An Ordinance Amending AMC Chapter 9.16 to Require Dog Licensing and Declare Certain Dog Behaviors to be Public Nuisances" [with the following changes...] and move the ordinance on to Second Reading. ATTACHMENTS: Proposed Ordinance - Dog Nuisance Amendment Page 2 of 2 ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 9.16 TO REQUIRE DOG LICENSING AND DECLARE CERTAIN DOG BEHAVIORS TO BE PUBLIC NUISANCES Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined throu 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, preventing the possible spread of rabies and fostering compliance with the dog licensing requirements of Jackson County, Oregon and other jurisdictions would benefit the citizens of Ashland; and WHEREAS, better defining the behaviors of dogs that constitute a public nuisance in the City of Ashland would benefit the citizens of Ashland, THE PEOPLE. OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.16 Nuisance Dogs is hereby amended to read as follows: 9.16.005 Definitions The following words and phrases whenever used in this chapter shall be construed as defined in this section. A. "Keeper" means a person who owns, harbors or has charge, control, custody or possession of a dog. B. "Service animal" means an animal that is individually trained to perform tasks for a person with a disability and trained to obey the commands of its keeper. A pet, companion, or therapy animal is not a service animal unless the animal has successfully completed such training. The tasks may include, but are not limited to, guiding a person who is visually impaired or blind; alerting a person who is deaf or hard of hearing; pulling a wheelchair; assisting with mobility or balance; alerting and protecting a person who is having a seizure, retrieving objects, or performing other special tasks. C. "Obstructs" means occupies sidewalk space so as to constrict uninhibited pedestrian passageway to a width of less than six (6) feet without a City permit. Ordinance No. Page 1 of 5 D. "Menaces" means lunging, growling, snarling or other behavior by a dog that would cause a reasonable person to fear for the person's safety. E. "Runs at large" means that a dog is off or outside the premises from which the keeper of the dog may lawfully exclude others, or is not in the company of and under the control of its keeper. F. "Potentially dangerous dog" means: (1) without provocation and while not on premises from which the keeper may lawfully exclude others, menaces the person; (2) without provocation, inflicts physical injury on a person that is less severe than a serious physical injury; or (3) without provocation and while not on premises from which the keeper may lawfully exclude others, inflicts physical injury on or kills a domestic animal as defined in ORS 167.310. G. "Serious physical injury" has the meaning given that term in ORS 161.015. 9.16.010 Control Required All dogs must be confined by fence, leash, or obedience training to the property of the person owning, harboring or having the charge, care, control, custody or possession of such dog; however, it shall be permissible for a dog to be confined by fence, leash or obedience training to the property of another if such other person has given express permission. Provided, however, that the City Council may, in its discretion, designate certain areas within the City where dogs may be permitted to run free while under the owner's or keeper's Control Violation of this section is a Class IV violation. 9.16.015 Dog License Required A. Except as provided in 9.16.015B or C, a dog under the control of its keeper must be currently licensed pursuant to the applicable rules and regulations of the county or city where the keeper of the dog resides. (1) Except when a dog is confined to its keeper's premises or displayed in exhibition, its license tag, or other proof of licensing, must be attached securely to a collar or harness on the dog. (2) A license issued for a particular dog may not be transferred to a different dog or affixed to a collar or harness of a different dog. (3) It is unlawful for any person to steal or remove the license tag from any dog. B. The requirement in 9.16.015A for licensing a dog may be satisfied if the keeper presents a current, valid rabies vaccination certificate for such dog upon request from a City of Ashland law enforcement officer. A citation for violation of the dog licensing requirement in 9.16.015A shall be dismissed if the dog's keeper subsequently presents to City of Ashland Municipal Court a valid rabies vaccination certificate for such dog that was current when the citation was issued. C. The license requirement in 9.16.015A does not apply to a dog that is less than six (6) months old. D. Violation of this section is a Class IV violation and is subject to laws and rules for a municipal court appearance and the enforcement of Persistent Violations, AMC 10.120. Ordinance No. Page 2 of 5 9.16.020 Vicious Dogs - Control Required Any d that i° A vicious or ` angerous to the sat°et . of pefsons potentially dangerous dog must be confined by enclosure or a leash to property of its owner or keeper. Vicious dogs eontfel required Violation of this section is a Class I violation. 9.16.030 Dog - Control Required When in Car or Truck It is permissible for a dog to be confined to a car or truck, which is owned by its owner or keeper, and such confinement may be either by physical means or by obedience training. The duration and circumstances of the confinement shall be consistent with minimum care for the animal under Oregon statutes protecting animals from mistreatment or abuse. 9.16.040 Leash Required Any dog not confined to property as set forth above in this chapter and which is on either public or private property must be on a leash not longer than six (6) feet in length. Leash requif Violation of this section is a Class IV violation. 9.16.050 Unattended Dogs Dogs not on private property as described above must always be attended by their owner or persons having the custody of such dog; and, it shall be unlawful for any person to tie or permit to be tied a dog or any other animal to any tree, hydrant, railing, or other object on the public property of the City of Ashland. Unattended dogs °ro Violation of this section is a Class IV violation. 9.16.055 Removal of Dog Waste Any person, with the exception of a sightless person, responsible for any dog, shall be in possession of tools for the removal of, and shall remove, excrement deposited by the dog: A. In any public area not designated to receive those wastes, including but not limited to streets, sidewalks, parking strips, the Plaza islands, city parks and trails or roads paralleling ditches, swales, culverts, canals and similar facilities owned or operated by the Talent Irrigation District or the City of Ashland, or B. On any private property. It is an affirmative defense to a prosecution on any charge under this subsection that the property owner or person in charge of the property consented to such use of the property. Remov l of dee wast-e Violation of this section is a Class IV violation. 9.16.060 Dogs - City Parks or Plaza Islands Dogs, except for service animals, are not permitted in any of the city City parks or the Plaza islands under any condition except as provided in section 9.16.030; except that the Ashland Parks Commission may designate certain defined area within such parks where dogs may be allowed on a leash which conforms to the above requirement; and except that a person may walk a dog on a lease through the Plaza islands if the dog remains on the paved portions of the Plaza + islands. "Sefviee animal" f the tifposes of this Chapter- al that is traiueu a to guiding perf6fm tasks f6f an individual with a disability. The tasks fflay ineltide, but afe not limited ta, who is "lly impaifed or blind, nlef i" whe is a of haf "f heafing, pulling a wheelehaif, assisting with mobility of balanee, alefting and pfateet."..' - Ordinance No. Page 3 of 5 not ^ pet animal. Dogs City Par's or Plaza fislands Violation of this section is a Class IV violation. 9.16.065 Dogs - City Cemeteries Dogs, except for service animals, with the exeeption of seeing eye , are not permitted in any of the City cemeteries under any condition. Violation of this section is a Class IV violation. 9.16.070 Dogs - Public Nuisance. A. The following behavior by any dog within the City limits of Ashland constitutes an unlawful public nuisance: 1) A dog repeatedly runs at large; 2) A dog bites a person or another domestic animal; 3) A dog menaces a pedestrian or passerby; 4) A dog repeatedly chases vehicles or persons; 5) A dog damages or destroys property of persons other than the owners or keepers of the dog; 6) A dog repeatedly scatters garbage; 7) A dog repeatedly trespasses on private property of persons other than the keeper of the dog; 8) A dog excessively makes disturbing noises, including, but not limited to continued and repeated howling, barking, whining for more than ten (10) minutes or intermittent barking for more than thirty (30) minutes in a sixty (60) minute period, causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the property of the keeper. If the barking is caused by the presence of predators such as coyotes, or deer, or other wildlife, or by a person intentionally taunting the dog, then the dog is not a public nuisance; 9) A dog obstructs a City sidewalk; B. It is unlawful for any keeper of a dog to permit such dog to be a public nuisance as described and is a Class IV violation. SECTION 2. 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 ordinances(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. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however Ordinance No. Page 4 of 5 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 , 2015, and duly PASSED and ADOPTED this day of 2015. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 5 of 5 CITY OF ASHLAND Council Communication September 15, 2015, Business Meeting An Ordinance Amending AMC Chapter 10.120.010 To Add Bill Patton Garden To Existing Enhanced Law Enforcement Area FROM: David Lohman, City Attorney, david.lohman@ashland.or.us SUMMARY This agenda item seeks Council approval of amendments to include the Bill Patton Garden as part of the Enhanced Law Enforcement Area referenced in the ordinance establishing the crime of persistent violation in AMC 10.120. BACKGROUND AND POLICY IMPLICATIONS: Under current AMC Chapter 10.120 Persistent Violations, a person convicted of multiple specified crimes or violations in any six consecutive months within a portion of the downtown designated as an Enhanced Law Enforcement Area ("ELEA") can be found to have committed the crime of persistent violation. Following a conviction for persistent violation, the Court can expel the offender from the ELEA for not less than three months or more than one year. Similarly, under AMC 10.125 a person who has been ordered to appear in court three or more times within a 12 month period and has failed to do so can be expelled by the Court from the ELEA (or from any other area of the city where the person's alleged offenses have occurred). The current boundaries of the ELEA are shown on the map in Attachment 2, which also identifies the Bill Patton Garden. The initial boundaries of the ELEA were based on inclusion of areas where certain types of unlawful activity have occurred frequently and where the possibility of expulsion from the area was expected to have a beneficial deterrent effect. Based on Ashland Police Department ("APD") counts of crimes and violations in the ELEA and on anecdotal evidence from APD officers and the Legal Department attorney serving as prosecutor in Ashland Municipal Court, the possibility of expelling a persistent violator from a portion of the downtown does appears to serve as a deterrent to certain unlawful conduct by some offenders for whom the possibility of fines or incarceration is not a significant disincentive. Over the last year or so, APD officers have relatively frequently encountered individuals engaged in illegal conduct congregated in the Bill Patton Garden. The Garden borders the current ELEA but is secluded enough to be an attractive spot for conducting the types of offenses the Persistent Violations ordinance was intended to address. The proposed amendment would include the Bill Patton Garden as part of Ashland's Enhanced Law Enforcement Area. Page 1 of 2 CITY OF -ASH LAN D COUNCIL GOALS SUPPORTED: N/A. FISCAL IMPLICATIONS: N/A. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council approve First Reading of the ordinance. SUGGESTED MOTION: I move to approve First Reading by title only of an ordinance titled "An Ordinance Amending AMC Chapter 10.120.010 To Add Bill Patton Garden to Existing Enhanced Law Enforcement Area" [with the following changes...] and move the ordinance on to Second Reading. ATTACHMENTS: 1) Proposed Ordinance; 2) Exhibit "A" Map - Enhanced Law Enforcement Area, with Bill Patton Garden added; 3) Minutes: June 5 and June 19, 2012: http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=4983 http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=4971 4) Council Communication: June 19, 2012 http://www.ashland.or.us/Pa-ge.asp?NavID=14947 Page 2 of 2 ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 10.120.010 TO ADD BILL PATTON GARDEN TO EXISTING ENHANCED LAW ENFORCEMENT AREA Annotated to show d°'retio s and additions to the code sections being modified. Deletions are bold lined through 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, Bill Patton Garden area is adjacent to the existing Enhanced Law Enforcement Area and although public is heavily landscaped and secluded from public view; and WHEREAS, Bill Patton Garden is experiencing increased unlawful activity and becoming an attraction for more such activity; and WHEREAS, City of Ashland law enforcement considers it is necessary to include the Bill Patton Garden to protect the public against health and welfare hazards posed by persons who are attracted to Bill Patton Garden; THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 10.120.01 B.1) is amended as follows: 10.120.010 Enhanced Law Enforcement Area and Persistent Violations, Misdemeanor A. It is the intent of the City Council to protect discrete areas within the City that are experiencing increased unlawful activity against becoming an attraction for more such activity and to protect the public against health and welfare hazards posed by persons who are attracted to these areas for opportunity to engage in or to contact others to engage in unlawful activity. B. The City Council finds that the following geographic areas within the City are particularly affected by unlawful behavior and/or are subject to a disproportionate number of incidents of the unlawful activities comprising persistent violation as defined in AMC 10.120.020 below, and declares each such area to be an enhanced law enforcement area: Ordinance No. Page 1 of 2 1) Downtown Enhanced Law Enforcement Area, inclusive of Bill Patton Garden Exhibit A; 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 ordinances(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. 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. 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 3-5 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 12015, and duly PASSED and ADOPTED this day of 12015. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 2 of 2 is xexno3 ~y .LS Q2fI~, ~ A4 , V 3 is axo3as H c ` 0 3 o c C) t% ~ o m ts ~~~uo~d u 6 ~ LS , ld 0 ,ts xvQ I J r ~ r 1 A N?ItlsvL11 US S~ memo= N Z OL 7i as ~,~u EXCERPT FROM MINUTES OF ASHLAND CITY COUNCIL STUDY SESSION JUNE 5, 2012 3. First Reading of an ordinance titled, "An Ordinance Amending AMC Chapter 10 Public Peace, Morals, and Safety by Adding Sections 10.120 `Persistent Violations' and 10.125 `Persistent Failure to Appear'." and First Reading of an ordinance titled, "An Ordinance Amending AMC Chapter 1.08 General Penalties, Section 1.08.005F., 1.08.0101A.(1), and 1.08.020 to Effectuate Proposed Ordinance Adding AMC 10.120 `Persistent Violation' and AMC 10.125 `Persistent Failure to Appear'." Councilor Slattery disclosed his wife was the Executive Director of the Ashland Chamber of Commerce and declared there was neither an actual nor a potential conflict of interest regarding the matter. Police Chief Terry Holderness described the map areas that depicted 10 reporting districts. Area 4 was one of the smaller reporting districts and was located downtown. This section received 4,000 or 40% of the calls to the police as compared to the largest district, Area 1 that received 7,000 calls for service over the past year. Statistics showed 500 citations or arrests were made in Area 4 with 462 in Area 1. The second largest district, Area 10, had a total of 256 arrests and citations over the past year. Area 4 had 35 repeat offenders and Area 10 had 18. The significant concentration of repeat offenses in the downtown area justified the ordinance. The ordinance would create two new violations, persistent violations that required someone to commit three violations of criminal statues or ordinances in the downtown area within a 6-month period. The second was persistent failure to appear and required someone to commit three violations of failure to appear within a 12-month period. Chief Holderness described the process for both ordinances and how the Municipal Court Judge retained the discretion not to use exclusion. He recommended removing illegal camping from both ordinances, it was not a common offense, and the community thought it targeted the homeless. The range of offenses in the downtown area consisted of vandalism, public drinking, and use of narcotics, urinating, and disorderly conduct. The ultimate goal was less criminal behavior in the downtown area. Chief Holderness clarified they did not have many repeat offenders who were students or minors skateboarding on the sidewalks. Students concerned with maintaining good credit and minors having to appear in court with their parents served as deterrents. Councilor Slattery/Lemhouse m/s to postpone the opt out policy for the automated meter reading program to the June 19, 2012 Council meeting. Voice Vote: YES. Motion passed. Lisa Beam/400 Liberty Street/Thought it was interesting the discussion during the meeting had moved from quality of life to those who choose not to be respectful. If the ordinance was what it took to change a person's decision-making, it was a good move for everyone. Giving someone three opportunities was more than adequate and she hoped people saw it as a positive in the downtown area. Helga Motley/693 Clay Street/Shared a personal experience with a persistent violator who drank in public because he was not allowed to drink at home. She was not frightened or offended by his presence but voiced concern about petty ordinances that people cannot help Page 1 of 6 but offend. She was reluctant to judge people for offending her sensibilities and did not want the downtown to become a reverse ghetto where only nice things occurred. Allan Peterson/807 Beach Street/Thought the ordinance criminalized alcohol, littering, and camping to rid the downtown of unsightly elements. It would move the unwanted to other areas like the Ashland Food Co-op. Raising a nuisance to the level of misdemeanor was not how he wanted issues that were occurring across the nation addressed. Cate Hartzell/892 Garden Way/Submitted a document into the record, shared 2011 citation statistics for illegal camping in 2011, and hoped Council would remove illegal camping from the ordinance. She read comments from a letter the American Civil Liberties Union (ACLU) was sending to Council that recommended the ordinance have a reporting requirement, a sunset clause and the City analyze if the ordinance moved targeted conduct to other parts of the city. Frances Dunham/807 Beach Street/Was new to Ashland, and had never encountered rude behavior by the diverse people she met in town or seen trouble. She thought the ordinance was distressing, mean spirited, and not honest. If the intention was to protect peace, morals and safety, why was there worry regarding open containers or sleeping? What she wanted corrected was people violating pedestrian crosswalks and running stoplights. Keith Haxton/110 7th Street/Noted the ordinance was complaint driven and the only complaints he had seen were in the report submitted by Chamber of Commerce, all anonymous. He thought sleeping outdoors was a crime of status and asked Council to remove illegal camping from the ordinance. The other behaviors cited in the ordinance would move to different areas and continue. Leigh Madison/176 Orange Avenue/Equated repeat offenders cited for open containers to the public drinking that occurred during First Friday Art Walk nights and wondered how many people received citations for alcohol during those events. He questioned the fairness and thought the ordinance targeted the poor and homeless. Sandra Coyner/1160 Fern Street/Agreed with the rationale of dealing with repeat offenders but did not think the ordinance would achieve those goals. The majority of people who were repeat offenders were homeless and alcoholics. She supported the persistent failure to appear ordinance but did not think the police and judicial system should have to enforce quality of life and being respectful. Jesse Sharpe/2227 Dollarhide Way/Urged the City to amend the ordinance and remove minor violations. Under the new ordinance, people could face Class B misdemeanors for littering, open containers, unnecessary noise, or sleeping on public property and face up to 6 months in jail and fines up to $2,500. Anyone could easily violate the ordinance and some who did needed medical help instead of jail and huge fines. Vanessa Houk/137 5th Street/The ordinance would jail people for sleeping and that was not right. People trying to get out of homelessness who violated the ordinance would have difficulty obtaining Section 8 and Housing and Urban Development (HUD) housing due to criminal records. She did not want Council to pass the ordinance but if they did, requested they amend it, have a three-month trial, and remove the misdemeanor offenses, especially the camping. Ryan Navickas/2060 Mill Creek Drive, Prospect OR/Thought the intention of the ordinance was to exclude homeless people from downtown. He considered it cruel and unusual Page 2 of 6 punishment to jail or fine people who had no alternative places to sleep. The City had not attempted to remedy this problem. Alcoholism was a disease and courts had ruled that punishing people seeking to satiate the disease of addiction was cruel and unusual punishment. Other violations in the ordinance clearly associated with homelessness. The City's negligence in providing safe shelter for the homeless was the root cause for many complaints of community members aimed at the homeless. A good start would be funding a day shelter instead of enacting the exclusion zone policy. Don Hammond/632 Walnut Street/Favored a semblance of an exclusionary zone essentially for safety issues. As a business owner, he employed 15-18 employees downtown who frequently encountered people from the surrounding bars. He thought the ordinance was a tool that should not be used to control or oppress the homeless community. People with no place to sleep still needed to sleep. He encouraged the City to pursue all options to provide shelters, temporary camping for the homeless, and coax Interfaith Care Community of Ashland (ICCA) back into town as well as other organizations to help. Councilor Lemhouse/Slattery m/s to approve by title only the First Reading of an Ordinance entitled "An ordinance Amending AMC Chapter 10 Public Peace, Morals, and Safety by Adding Sections 10.120 "Persistent Violation" and 10.125 `Persistent Failure to Appear and move said ordinance for Second Reading but to remove sections related to prohibited camping. DISCUSSION: Councilor Lemhouse agreed that camping was never the behavior issue causing problems downtown. Councilor Slattery noted many shelters, missions, and meals groups used an exclusionary zone effectively. It made sense to stop behavior that reached an abusive state and the ordinance would do that. Councilor Voisin commented the Economic Development report showed most businesses maintained or increased sales and did not see how the violations downtown affected business. Her concern was AMC 10.120.020 A. (4) listed violations a shelter or day center would have alleviated and Council had not done enough regarding these issues. Councilor Voisin motioned to amend motion to have the Police Chief report monthly on the progress of the exclusion zone. Motion died for lack of a second. Councilor Voisin motioned to add a sunset clause of three months to get through the tourist time and have an assessment of exclusion zone. Motion died for lack of a second. Councilor Silbiger explained arresting and fining persistent violators did not work. Most of society would take it very seriously and alter their behavior if arrested. This was a criminal issue, not homeless. He was not sure the ordinance would work but thought it may give repeat offenders a reason to stop. Councilor Morris commented how often people told him they were uncomfortable going downtown. He thought the ordinance would generate change. Repeat violators were smart people and the ordinance would change their behavior. He supported the motion as amended. Mayor Stromberg would have used clearly violent situations for the ordinance before extending it to open containers in public. Councilor Slattery/Chapman m/s to call for the question. Roll Call Vote: Councilor Chapman, Morris, Slattery, Lemhouse, and Silbiger, YES; Councilor Voisin, NO. Motion passed 5-1. Page 3 of 6 Roll Call Vote on main motion: Councilor Silbiger, Lemhouse, Slattery, Morris, and Chapman, YES; Councilor Voisin, NO. Motion passed 5-1. Councilor Lemhouse/Slattery m/s to approve by title only the First Reading of an Ordinance entitled "An Ordinance Amending AMC Chapter 1.08 General Penalties, Sections 1.08.005F., 1.08.010A.(1), and 1.08.020 to Effectuate Proposed Ordinance adding AMC 10.120 `Persistent Violation' and AMC 10.125 `Persistent Failure to Appear"' and move said motion for Second Reading, removing the section pertaining to prohibited camping. DISCUSSION: Councilor Lemhouse observed the people concerned the City was creating an elite area downtown were actually creating a reverse elite group of individuals acting without consequence by defending their actions. An exclusionary zone already existed for citizens not comfortable going downtown due to others who might violate their rights without repercussion. The ordinance addressed behavior, not homelessness. He hoped it worked as a good deterrent and no one reached the level of exclusion. Councilor Slattery added the ordinance was about people having consequences for actions that put everyone at risk. The City owed it to all populations, homed and homeless, to establish rules. Councilor Voisin thought bad behavior was in the eyes of the beholder, did not think the ordinance would work, and wanted to look at options. She addressed equal punishment and explained many people failing to appear were mentally ill, disabled, and alcoholic, and therefore not equal. She would not support the motion and thought Council should empathize with repeat offenders and find out what was happening to cause their behavior. Councilor Chapman agreed with Councilor Voisin there were people with medical and mental issues who needed help but this was a separate issue. The ordinance was an extra tool for the Police Department to use and he wanted to see if it was effective. Roll Call Vote: Councilor Silbiger, Chapman, Lemhouse, Morris, Slattery, YES; Councilor Voisin, NO. Motion Page 4 of 6 EXCERPT FROM MINUTES OF ASHLAND CITY COUNCIL STUDY SESSION JUNE 19, 2012 3. Second Reading of an ordinance titled, "An ordinance amending AMC Chapter 10 Public Peace, Morals, and Safety by adding Sections 10.120 `Persistent Violations' and 10.125 `Persistent Failure to Appear'." Gretchen Vos/1673 Parker Street/Spoke on behalf of the citizens' group Ashland for Inclusion who supported efforts to reduce crime in ways that were affective and constitutional. The group disagreed with the persistent violations laws and thought the City had not sufficiently addressed the issues raised by the American Civil Liberties Union (ACLU). Cate Hartzell/892 Garden Way/Read from an email she received from ACLU of Oregon Executive Director David Fidanque in response to City Attorney Dave Lohman's correspondence describing alternatives to both ordinances. Eric Navickas/2060 Mill Creek Drive, Prospect/The ordinance would not address situations like the fire that took place in the downtown area. He thought the City could have been prevented the fire if there was a day use center with trained staff providing outreach. There was no reason that someone should not have addressed this individual's problem, found his medication, and contacted the Veterans Administration Services. The exclusion zone was not a solution to these types of situations and if applied in the extreme, could discriminate and exclude specific groups of people. Assistant City Attorney Doug McGeary explained the process for the Persistent Failure to Appear ordinance. If someone failed to appear for court three times within a 12- month period, the City Attorney's office would file a failure to appear, the Ashland Police Department would serve the citation requesting the individual come to Court within three days to explain why they failed to appear. If they did not appear at that point, the Court would decide whether to expel them from the area they committed the violation. This aspect of the ordinance would apply throughout Ashland and not just the downtown area. City Attorney Dave Lohman read the ordinance title aloud, and changes that removed Ashland Municipal Code (AMC) 10.120.020 Section C. Changes to AMC 10.120.040(B) added: "...or more than one year unless the court finds it necessary to:" In AMC 10.25.010, staff changed the reference to AMC Subsection 1 from 10.120.020 to ORS 133.060 or 133.070. AMC 10.125.010(1)(a) added: "...requiring a court appearance," to the end of the paragraph. AMC 10.125.020 Subsection (2)(B) (i) added: "...requiring a court appearance," to the end of the paragraph. In AMC 10.125.020(b) following AMC 120.020.01013: "...or other area of the city of Ashland the court deems materially related to the persons, crimes, or violations, or the protection of the public..." AMC 10.125.020(3) added: "...but not to exceed one year..." to the end of the sentence. Councilor Lemhouse/Chapman m/s to approve Ordinance #3066 as amended. DISCUSSION: Councilor Voisin did not think there was enough evidence to indicate an Page 5 of 6 increase in crime in the downtown area harmful to citizens or an increase of problems period and that the ordinances targeted the homeless. Councilor Voisin motioned to amend the ordinance to require regular reporting to the Council on relevant issues related to this ordinance effects including but not limited to numbers and types of violations, offenders, failures to appear, exclusions and arrests after exclusion. Motion died for lack of a second. Councilor Voisin motioned to amend the ordinance so it will sunset after a specific period of time and not be renewed unless at that time, a majority of Council vote that a preponderance of evidence shows that is beneficial. Motion died for lack of a second. Councilor Voisin motioned to amend the ordinance AMC 10.120.020 Section A to remove point 4 which lists the five city ordinances that could be used as a basis for an order of exclusion. Sections 1 23 naming felonies and misdemeanors as grounds would remain as they stand in the proposed ordinance. Motion died for lack of a second. Councilor Slattery clarified this was an issue about abusive behavior, not homelessness, and citizens had the right to establish behavior. Councilor Slattery/Lemhouse m/s called for the question. Roll Call Vote: Councilor Chapman, Silbiger, Slattery, Lemhouse, and Morris, YES; Councilor Voisin, NO. Motion passed 5-1. Roll Call Vote on the main motion: Councilor Chapman, Silbiger, Slattery, Lemhouse, and Morris, YES; Councilor Voisin, NO. Motion passed 5-1. 1. Second Reading of an ordinance titled, "An Ordinance Amending AMC Chapter 1.08 General Penalties, Section 1.08.005F., 1.08.0101A.(1), and 1.08.020 to Effectuate Proposed Ordinance Adding AMC 10.120 `Persistent Violation' and AMC 10.125 `Persistent Failure to Appear'." Councilor Lemhouse/Chapman m/s to approve Ordinance #3067. DISCUSSION: Councilor Silbiger called for the question. Roll Call Vote: Councilor Silbiger, Morris, Lemhouse, Chapman, and Slattery, YES; Councilor Voisin, NO. Motion passed 5-1. Roll Call Vote on the main motion: Councilor Silbiger, Morris, Lemhouse, Chapman, and Slattery, YES; Councilor Voisin, NO. Motion passed 5-1. Page 6 of 6 CITY OF -A5 H LA N D Council Communication June 19, 2012 Business Meeting Second reading of proposed ordinances to restrict persistent offenders in the downtown business district FROM: Terry Holderness, Police Chief, holdernet@ashland.or.us SUMMARY The City Council, at its business meeting on June 5, 2012, approved the first reading of two ordinances to restrict persistent offenders in the downtown business district, with an amendment removing AMC 10.46.020 Prohibited Camping as one of the persistent violation offenses from the two ordinances. The ordinances will authorize the court to restrict persistent offenders from the downtown business district for a limited time as a consequence for multiple offenses in the downtown area or as a consequence for failing to appear in court multiple times to respond to criminal charges or to citations for certain ordinance violations. The proposed ordinances presented for second reading include improvements over those approved at First Reading in that they incorporate some of the clarifications and simplifications suggested by members of the public. The changes will be highlighted during the presentation to Council. Staff is requesting Council approve the second reading of two ordinances with their suggested amendments. BACKGROUND AND POLICY IMPLICATIONS: Over the last two years city staff has seen an increase in complaints from residents, visitors and business owners regarding the behavior of individuals that are engaging in unlawful or annoying conduct in the downtown. These complaints include aggressive panhandling, making lewd and lascivious comments to people on the street, blocking sidewalks, being unnecessarily loud, trespassing, using and being under the influence of drugs and/or alcohol in public places, urinating in public, littering and leaving trash, and various other forms of disorderly conduct. Some of the activities that generate complaints rise to the level of being law violations; others do not. Of those individuals whose conduct did constitute violations of existing law last year, several were cited or arrested more than 20 times; one was cited or arrested for 31. incidents. In 2010, the top ten violators had 168 citations or arrests for separate incidents between them. In 2011, the top ten violators had 184 citations and arrests between them and for the first four months of 2012, the top ten violators have 64 citations or arrests for separate incidents. The largest concentration of offenses occurs in the downtown area. In 2010, the most frequent offenders had 100 citations or arrests for separate incidents between them in the downtown area. In 2011, the top offenders had 95 citations or arrests for separate incidents between them in the downtown area. During first four months of 2012, the top ten violators have 31 citations or arrests for separate incidents in the downtown area. Many of those cited or arrested multiple times appear to have little concern about the consequences of the violations and have not paid anything toward the fines imposed by the Municipal Court Judge as Page 1 of 3 CITY OF ASHLAND penalties for their violations. Even when the behavior constitutes a misdemeanor under the Oregon statutes, space limitations in the Jackson County jail preclude holding violators of minor crimes for very long, if at all. Many violators are aware of that fact. Further, many of these repeat violators avoid sentencing altogether by failing to appear in court to respond to the allegations against them. For them, too, the threat of jail time for failing to appear in court as ordered is an unrealistic sanction. On January 31, 2011, the Police Department recommended to the Council that it consider use of ordinances to restrict persistent offenders from the downtown. After discussion at several meetings, the Council tabled that recommendation. On April 3, 2012 the Council directed the Police Department and the City Attorney to bring an ordinance to the Council that would restrict violators of selected ordinances or statutes from the downtown area for a limited time. On May 14, 2012 the Police Chief and City Attorney presented the Council with several options for how an ordinance dealing with persistent offenders could be structured and what offences should be included in the ordinance. The attached ordinances are intended to reflect and reconcile as much as possible the guidance and concerns expressed by Councilors at the May 14 Study Session. One of the proposed ordinances is in two parts. The first part would add Section 10.120 to AMC Chapter 10. It would (1) establish the Class B misdemeanor of Persistent Violation for multiple offenses within an enhanced law enforcement area and/or for a person's entry into an enhanced law enforcement area while that person is currently expelled; (2) establish the downtown area as an area in which the penalties for Persistent Violation may include temporary expulsion; and (3) make temporary expulsion from the downtown area a presumptive penalty for Persistent Violation unless the court determines a different penalty is more appropriate. The second part of this ordinance adds Section 10.125 to AMC Chapter 10. This part establishes a procedure to compel attendance of those persons who persistently fail to appear in court after being personally cited for a criminal offense or certain ordinance violations requiring mandatory appearance. Working in conjunction with the new AMC 10.120, this ordinance addresses our lack of ability to hold persons accountable who choose not to show up at court in order to avoid sentencing or expulsion for their persistent violations. The other proposed ordinance would amend AMC Chapter 1.08 to make court appearances for selected ordinance violations within an enhanced enforcement area mandatory, and to make clear that expulsion may be imposed as a penalty for a Persistent Violation misdemeanor. This proposed amendment is required to make the above proposed additions to AMC Chapter 10 effective. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approve the second reading of the two attached ordinances concerning restriction of persistent offenders from the downtown business district, as amended. Page 2 of 3 Imo, CITY OF -ASHLAND SUGGESTED MOTION: Presenting two separate, amended ordinances for consideration, the Council must make two independent motions: I . I move to approve the Second Reading of an Ordinance entitled, "An Ordinance Amending AMC Chapter 10 Public Peace, Morals, and Safety by Adding Sections 10.120 "Persistent Violation" and 10.125 "Persistent Failure to Appear" and adopt the ordinance. 2. I move to approve the Second Reading of an Ordinance entitled "An Ordinance Amending AMC Chapter 1.08 General Penalties, Sections 1.08.005F., 1.08.010A.(I), and 1.08.020 to Effectuate Proposed Ordinance adding AMC 10.120 "Persistent Violation" and AMC 10.125 "Persistent Failure to Appear" and adopt said ordinance. ATTACHMENTS: Proposed Ordinances Map of proposed Downtown Enhanced Law Enforcement Area Page 3 of 3 IWANA CITY OF ASHLAND Council Communication September 15, 2015, Business Meeting An Ordinance Amending Chapter 10.120.020 to Add Two Offenses as Possible Elements of the Crime of Persistent Violation FROM: David Lohman, City Attorney, david.lohman@ashland.or.us SUMMARY This agenda item seeks Council approval of amendments to add two offenses to the list of violations already includable as elements of Persistent Violation in AMC 10.120.020: (1) failure by a dog keeper to have a license or certificate of rabies vaccination for the dog; and (2) use of marijuana in a public place. BACKGROUND AND POLICY IMPLICATIONS: Under current AMC Chapter 10.120 a person convicted of multiple specified crimes or violations within the City's Enhanced Law Enforcement Area within a six-month period can be found to have committed the crime of persistent violation. Following a conviction for persistent violation, the Court can expel the offender from the Enhanced Law Enforcement Area for not less than three months or more than one year. Expelling a persistent violator from a portion of the downtown appears to serve as a deterrent to certain unlawful conduct by some offenders for whom the possibility of fines or incarceration is not a significant disincentive. The proposed amendments would add failure to have a dog licensed (or vaccinated in lieu of licensing) and unlawful use of marijuana in a public place to the list of offenses includable as elements of persistent violation. City of Ashland law enforcement officers have observed a marked increase in recent years in the number of unlicensed dogs in the downtown area. With a few minor exceptions, Jackson County requires that all dogs be licensed. Licensing a dog assures that a person or other animal that the dog happens to bite will not contract rabies. At least in Jackson County, vaccination against rabies is a prerequisite for obtaining a dog license. The Council is considering at this September 15, 2015 business meeting a new provision concerning nuisance dogs, proposed AMC 9.16.015, which would, in effect, require that dogs in public places must have been vaccinated against rabies, unless they are puppies. If Council approves proposed AMC 9.16.015, it may want to take the additional step of making failure to comply with it a new item among the list of offenses that can accumulate to constitute the crime of persistent violation. Ensuring to the extent possible that dogs found in the part of the city with the highest concentration of dogs and people, the downtown area demarcated as an Enhanced Law Enforcement Area, are not carriers of rabies, will contribute to the health, safety, and sense of security of downtown pedestrians. Page 1 of 2 ~r, CITY OF ASHLAND Another recent development noted by Ashland law enforcement officers has been the substantial increase in marijuana smoking within the Enhanced Law Enforcement Area. A ban on consuming marijuana was included as Section 54 in Ballot Measure 91, which Oregon voters approved in November 2014. Adding the offense of unlawful marijuana use in public as another item among the list of offenses that can accumulate to constitute the crime of persistent violation likely would help deter commission of this offense in the downtown area by persons for whom fines or incarceration are not effective disincentives. COUNCIL GOALS SUPPORTED: N/A. FISCAL IMPLICATIONS: N/A. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council approve First Reading of the ordinance. SUGGESTED MOTION: I move to approve First Reading by title only of an ordinance titled "An Ordinance Amending AMC Chapter 10.120.020 To Add Two Offenses as Possible Elements of the Crime of Persistent Violation" [with the following changes...] and move the ordinance on to Second Reading. ATTACHMENTS: Proposed Ordinance Page 2 of 2 ~r, ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10.120.020 TO ADD TWO OFFENSES AS POSSIBLE ELEMENTS OF THE CRIME OF PERSISTENT VIOLATION Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through 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, City of Ashland law enforcement has experienced an increase of dog keepers not attending to their dogs or their dogs' disruptive or dangerous behaviors and some keepers are not licensing their dogs or vaccinating them against rabies in violation of AMC 9.16.015 and Jackson County Code 6.12.03; and WHEREAS, the City of Ashland law enforcement has noted that Enhanced Law Enforcement Area is experiencing unlicensed and possibly unvaccinated dogs in particular and is becoming an attraction for more such activity; and WHEREAS, with the passage of Oregon Measure 91 legalizing conditional use of marijuana, City of Ashland law enforcement has experienced an increase of public use of marijuana in violation of state law; and WHEREAS, the City of Ashland law enforcement has noted that Enhanced Law Enforcement Area is experiencing unlawful use of marijuana in particular and is becoming an attraction for more such activity. THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 10.120.020 is amended as follows: A. The person is convicted in Ashland Municipal Court for any combination of the following crimes or violations occurring in separate incidents within a six month period within an enhanced law enforcement area: Ordinance No. Page 1 of 3 1) Three (3) or more Class A, B or C felonies or Class A or B misdemeanors; 2) Two (2) Class A, B or C felonies or Class A, B, or C misdemeanors plus one (1) or more violations of the ordinances set forth in (4) below; 3) Three (3) or more Class C misdemeanors; or 4) Three (3) or more violations of any of the following ordinances or laws: a. AMC 9.08.110--Scattering Rubbish; b. AMC 9.08.170--Unnecessary noise; c. AMC 9.16.010--Dogs-Control Required; d. AMC 10.40.030--Consumption of Alcohol in Public:~Ofl e. AMC 10.40.040--Open Container of Alcohol in Public; f. AMC 9.16.015--Do2 License Required; or 2. Measure 91, Section 54.--Use of marijuana in public place prohibited. SECTION 2. 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 ordinances(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. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code, and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered or re-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 , 2015, and duly PASSED and ADOPTED this day of , 2015. Barbara M. Christensen, City Recorder Ordinance No. Page 2 of 3 SIGNED and APPROVED this day of _ , 2015. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 3 of 3