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HomeMy WebLinkAbout2015-1020 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 October 20, 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 ll. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Study Session of October 5, 2015 2. Executive Session of October 5, 2015 3. Study Session of October 6, 2015 4. Business Meeting of October 6, 2015 VI. SPECIAL PRESENTATIONS & AWARDS 1. Annual presentation by the Housing and Human Services Commission 2. Presentation on Electric Service disconnection for non-payment 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] Vlll. CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Award of contract with AccuSource for background screening services 3. Approval of public contract exceeding $100,000 for internet bandwidth 4. Appointment to the Climate and Energy Action Plan ad hoc Committee 5. Approval of a public contract exceeding $100,000 for repairs at Reeder Hydro 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 6. Approval of a resolution titled, "A resolution consenting to the transfer of control related to the cable franchisee Falcon Cable Systems Company 11, L.P., with conditions" 7. Application for Oregon Watershed Enhancement Board grant 8. Approval of change order in excess of 25% for the plaza upgrades 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. Public hearing and approval of quitclaim deeds to terminate public pedestrian access easements X. UNFINISHED BUSINESS 1. Note: A motion is requested to postpone consideration of these three ordinances to the November 17, 2015 business meeting. Continuation of the first reading 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 Neighborhood zoning classification, and amending Chapter 18.2.1.040 to add a Normal Neighborhood Special District." and Second 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" 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" 2. Downtown Beautification project update XL NEW AND MISCELLANEOUS BUSINESS 1. AFN Internet project update XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Approval of a resolution titled, "A resolution authorizing the City of Ashland to provide a city building for a winter shelter two nights per week through April, 2016" 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 2. 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" 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 WWW.ASHLAND.OR.US City Council Study Session October 5, 2015 Page 1 of 4 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, October 5, 2015 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:31p.m. in the Siskiyou Room. Councilor Seffinger, Morris, Voisin, Lemhouse, and Marsh were present. Councilor Rosenthal arrived at 5:40 p.m. Mayor Stromberg explained that item number 5. Presentation by UPRR and DEQ regarding railroad property clean up was part of the Study Session but would take place the following night at 7:00 p.m. prior to the Council meeting. 1. Public Input Gregg Marchese/533 Fairview Street/Recently reviewed a City document from approximately 2009 regarding the City's position on climate change. The top concerns all related to tourism. Presently climate change exceeded vacation disruptions. Ashland would encounter climate refugees from areas destroyed by severe storms. He did not support the WISE project that would pipe TID. The Talent Ashland Phoenix (TAP) project went 3.5 times over budget and the Ashland Water Advisory ad hoc Committee (AWAC) projected $12,000,000 for a new water treatment plant. He wanted the City to consider treating gray water on each property for landscape irrigation and save that $12,000,000. He needed to further research how the City had advanced on climate change. Mayor Stromberg responded he was appointing a Climate and Energy Action Plan ad hoc Committee that would have a public process to develop a climate action plan for the community. It would launch November 15, 2015. Frances Dunham/807 Beach/Expressed thanks for the letter the Mayor and Council sent to the Department of Environmental Quality (DEQ) regarding the Union Pacific Railroad (UPRR) clean up. She agreed UPRR should clean up the entire site via rail. Documents on the DEQ website explained how toxic the contaminants were. She listed the chemicals in the soil, wanted community support for the people who lived on the truck route and a full clean up done all at once using rail during the rainy season. Steven Maryanoff/654 Oak Street/Opposed any trucking out of the railroad yard for clean up. The Department of Environmental Quality (DEQ) originally planned to use rail because they could not find any place in the state that would take the toxic soil. He did not want it coming down his street in trucks. 2. Look Ahead review City Attorney Dave Lohman reviewed items on the Look Ahead. 3. Discussion of glyphosate use in the City of Ashland (request of Councilor Voisin) Councilor Voisin explained this was not a ban on the use of glyphosate products but looking at ways to educate the community regarding the chemical's harmful effects. City Attorney Dave Lohman added Council needed to consider whether the City should conduct a public outreach campaign to warn citizens about the possible health and safety impacts along with the costs of such a campaign. Kristina Lefever/2359 Blue Sky Lane/Explained glyphosate, also known as Roundup and 2, 4-D known as Crossbow were ubiquitous and often used without people realizing what both were. Advocates for Healthy Landscapes was a group of concerned citizens interested in educating the community on the dangers of glyphosate and 2, 4-D. Many municipalities in the United States and countries were no longer City Council Study Session October 5, 2015 Page 2 of 4 using these products and some imposed bans. Advocates for Healthy Landscapes was not interested in a ban and proposed a resolution that encouraged everyone to discontinue the use of these products and promote safe solutions. They collected almost 800 signatures from Ashland residents supporting discontinuing the use of herbicides containing glyphosate and 2, 4-5 within city limits. Ray Seidler/160 Pompadour Drive/Was a former educator and senior scientist with the US Environmental Protection Agency. Glyphosate was the active ingredient in Roundup, 2, 4-D was an active ingredient in Crossbow. Both were endocrine disruptive chemicals. The US Environmental Protection Agency, the Committee on Environmental Health of the American Academy of Pediatrics, the National Academy of Scientists, and the 2010 President's Cancer Panel all concluded that endocrine disrupting pesticides could lead to fertility and birth defects, skeletal development abnormalities, pregnancy issues, mutations, and could lead to cancers. It could even affect the next generation. 2, 4-D was a hormone disruptor and a possible human carcinogen. Many scientists worldwide agreed glyphosate should be banned from all unnecessary uses and he concurred. Glyphosate was everywhere. Most Americans excreted it in their urine and some women in their breast milk. He described the negative effects of glyphosate on pollinators. Ross Pelton/994 Morton Street/Provided his background as a former pharmacist and explained how glyphosate severely disrupted the human micro-bio killing good bacteria. He strongly encouraged the Council to pass the resolution proposed by the Advocates for Healthy Landscapes. Most people were ingesting glyphosate daily. Children and animals could track it into homes from grass. He distributed documents submitted into the record and explained how the primary ingredient in Roundup increased glyphosate's ability to penetrate plants, making Roundup 125 times more toxic than glyphosate. Dr. Kristen Plunkett, ND/1200 NE 7th Street/Grants Pass/Glyphosate killed the good bacteria in the gut creating bad flora, Candida, and Ecoli directly associated with Irritable Bowel Syndrome, small intestinal bacteria overgrowth, and chronic digestive issue. The bad flora produced toxins that were absorbed into the blood stream, poisoning the mitochondria, and could result in Fibromyalgia, chronic fatigue, and chemical sensitivities. It would also bind onto estrogen receptors causing hormone disruptions. Glyphosate decreased detoxification activity. She submitted a document into the record on the Dangers of Glyphosate and Roundup. Cara Cruickshank/1193 North Mine Road/The City and community had already reduced the use of these chemicals but still used them on meridians, ball fields and the golf course. Glyphosate was found in carpets. She submitted a document into the record on Healthy & Safe Toxic-free Weed Management in Southern Oregon and shared non-toxic weeding options. She encouraged the City to use a safe alternative on the playing fields. The Conservation Commission supported moving forward with the resolution as well. Ms. Cruickshank had forwarded the overview to the Conservation Commission and those that read the information approved but were not sure it fell under their purview or the Parks Commission. Council wanted more information and the legal ramifications of the City advocating this educational effort, and the best way to educate the public. They supported the Conservation Commission looking at an educational campaign and involving Southern Oregon University (SOU), the Parks Commission, and the Parks and Recreation Department and suggested the Commission determine a reasonable budget. This was not a city centric issue but something the City could make a statement on then hand off to community groups. One comment thought some of the language in the resolution was ambiguous, requested clarifying and more information regarding 2, 4-D. Council majority preferred having the Council Liaison/Councilor Rosenthal manage the process and timeline instead of setting target dates. City Council Study Session October 5, 2015 Page 3 of 4 The Mayor wanted to know of any liability issues to publicly taking a position on a commercially available product. Mr. Lohman explained there was a state preemption on banning pesticides. The Conservation Commission could look into changing that law. Councilor Voisin suggested Council consider an educational outreach commission and wanted it added to a Study Session in 2016. 4. Discussion of social service grant funding (request of Councilor Voisin) City Attorney Dave Lohman explained Councilor Voisin was requesting the Housing and Human Services Commission (HHSC) have to ability to make a budget recommendation. The Commission was attending the October 20, 2015 Council meeting for their annual presentation and if it was ready, would discuss the Social Services Grant Plan they revised. Council may also want to consider having all Commissions recommend a budget. If Council supported having the HHSC or all Commissions have that ability, they could have them meet with the Budget Officer for training and to understand the process. Housing and Human Services Commissioner Regina Ayars clarified the Commission was not ready to present the Social Services Grant Plan. Currently, the HHSC was working on the Housing Trust Fund that entailed meeting with the Finance Department for some budget training. Councilor Voisin explained Resolution 86-35 was 30 years old, nebulous, and vague. She wanted it updated, have the basic principles of the Housing and Human Services Commission's strategic plan added, and metrics to measure how recipients spent the money. She also wanted a specific percentage noted since the money was already coming from the General Fund and have it increase according to the Cost of Living Adjustment (COLA) for inflation. Currently, 18.2% of the Ashland's population was living in poverty. She wanted to increase the grant amount that went to Social Services. Councilor Marsh served as the Council Liaison for the HHSC and had not had a chance to discuss Councilor Voisin's proposal with the Commission. The Commission's Strategic Plan described HHSC as the first level of decision making for grant distribution. It also contained a general requirement for grant recipients to provide some form of evaluation. The plan was also attached to the grant process. Although the resolution was 30 years old there was current information regarding social services grants. If Council decided to update the resolution she suggested keeping it as general as possible for flexibility. Language could read, "Monies are allocated in the biennial budget and the decisions are predicated on the Strategic Plan that is maintained and updated on a regular basis by the Housing and Human Services Commission." Councilor Marsh did not support having the Commission recommend a budget allotment. The goal was keeping the General Fund flexible and not tying up specific parts for uses the City could not access if needed. Council majority did not support restricting the use of the General Fund. Determining a percentage of the General Fund was a policy decision the Council should retain. They supported metrics or some form of evaluation process for recipient reporting and accountability and noted that was in progress. Some supported revising the resolution, removing specific dollar amounts but keep the resolution construct and not detailed. Other comments preferred HHSC continuing to develop the Strategic Plan and not update the resolution. Mayor Stromberg wanted a report from HHSC on the Ashland Resource Center, its financial viability and service delivery. If the HHSC wanted to recommend an increase in grants for social services, Council would listen to their request. Currently the Commission's priority was finding ongoing support for the Housing Trust Fund. City Council Study Session October 5, 2015 Page 4 of 4 Alternately, the City could change the timing of grant funding. Presently, allocation was parallel to the budgeting process. Allocating July 1 would allow arguments on adjusting the funding. Ashland was the only small City that provided funding for social services. 5. Presentation by UPRR and DEQ regarding railroad property clean-up Delayed to the October 6, 2015 Council meeting. Meeting adjourned at 7:05 p.m. Dana Smith Assistant to the City Recorder City Council Study Session October 6, 2015 Page 1 of 3 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Tuesday, October 6, 2015 Council Chambers 1175 E Main Street Mayor Stromberg called the continued meeting to order at 7:00 p.m. in the Civic Center Council Chambers. Councilor Voisin, Morris, Lemhouse, Seffinger, Rosenthal, and Marsh were present. 1. Presentation by UPRR and DEQ regarding railroad property clean-up Mayor Stromberg explained the City was working with the Department of Environmental Quality (DEQ) and the Union Pacific Railroad (Union Pacific) to move forward with a full site remediation using rail cars. The City requested a delay of the partial remediation to look at possible alternatives. This presentation was a result of that request. He introduced DEQ Hydrogeologist, and Project Manager Greg Aitken, C112MHill Hydrogeologist and Portfolio Manager Mark Ochnser, DEQ Western Region Environmental Cleanup Manager Michael Kvcinski and Toxicologist/Risk Assessor Susan Turnblom. DEQ was regulatory, implemented the rules, and could not compel Union Pacific to do anything because this was a voluntary remediation site. If Union Pacific complied with DEQ's regulations and attained the necessary permits from the City, they could proceed with either a partial or full site remediation. What prevented Union Pacific from doing a full site remediation was a deed restriction placed on the site by the Planning Commission when it separated from a larger parcel. Mr. Aitken explained DEQ worked on this issue since 1993 when Southern Pacific Railroad owned the parcel and now with Union Pacific. The property was contaminated and red flagged by DEQ as a site requiring clean up. Contaminates included arsenic, lead and heavy petroleum hydrocarbons. The site was currently fenced and vacant and DEQ believed people were not exposed to these contaminates. Because there was no current threat to human health, DEQ was willing to allow Union Pacific to work with them through their voluntary cleanup program. This gave Union Pacific the discretion on how to proceed. DEQ made a formal Record of Decision (ROD) in 2001 regarding the final cleanup for the rail yard that met state requirements to comply with the Oregon environmental cleanup law. Union Pacific was considering a proposal for a cleanup that met DEQ standards and would allow residential as long as the property remained a single 20-acre tax lot. DEQ would condition any approval of a cleanup stating if the yard subdivided or specific uses were proposed, they would review them given the property's condition at that time post cleanup. When the property subdivided, DEQ would re-evaluate the site data, risks, and further cleanup. Prior to giving Union Pacific approval to implement remediation, DEQ would provide an opportunity for the City and community to review the information and comment. Unless substantive new technical information indicating the 2001 ROD was based on flawed technical findings, they would use that plan. Mr. Ochsner provided a presentation of remedial options that included: Remedial Options Option A - Full Site Remedy - Did not go forward due to deed restriction on the property Option B - Partial site clean-up - Bunker C vault and surrounding impacted soil (former evaporation ponds) Option C - Leave site in its current state Option A: Full Remedy City Council Study Session October 6, 2015 Page 2 of 3 Excavate and dispose of approximately 35,700 tons of impacted soil by rail • Approximately 72 days to complete 375 outgoing gondolas with soil • 1,100 incoming trucks with clean backfill over 4-5 weeks • Option A Full Remedy - Map Option B: Partial Remedy • Excavate and dispose of approximately 12,800 tons of impacted soil • Approximately 24 days to complete 420 outgoing trucks with impacted soil • 420 incoming trucks with clean backfill • Option B -Remove Bunker C Vault and Surrounding Contaminated Soil - Map Union Pacific was interested in a full clean up to sell the property and wanted to know what the City was planning regarding the area. Planning Manager Maria Harris explained the Planning Commission approved a land partition and lot line adjustment that created seven lots in October 1999. As part of that approval a condition was added placing a deed restriction on the remaining lot precluding further development or land divisions until the property was cleaned up to residential standards. The Condition also required written confirmation from DF,Q when completed. City Attorney Dave Lohman further explained how the deed restriction worked in regards to cleanup requirements associated with use. If the property subdivided, each parcel required residential cleanup standards regardless of the use. DEQ would impose another- restriction following the initial cleanup that once someone proposed a development on any subdivided parcel it had to meet DEQ requirements for that type of use. The City zoned the property E-1 Employment mixed use with the option for an owner to develop residential to a limited degree. The other deed restriction was imposed legislatively by the Council requiring the entire twenty acres be cleaned up to residential standards and could not be subdivided or developed until residential standards were met. Council could change the limitation on the deed to comply with the deed from DEQ. Ms. Turnblom explained the cleanup standard for commercial and industrial was exposure 8 hours daily for 25 years. Residential increased exposure to 24 hours a day. The urban residential standard might apply to a mixed-use area and reduced residential exposure. Mr. Aitken explained DEQ looked at the entire composite of site contaminant concentration data on the site. Union Pacific reviewed the data then determined what the overall site would look like if they cleaned Lip the two areas with the highest level of contamination. The data went through a calculation and if the outcome fell below the residential cleanup level, they met that standard for the whole twenty acres as long as it remained a single tax lot occupied by a single resident exposed in an average way across the entire property. Subdividing the property required a recalculation. A smaller lot could exceed the residential standard and require further cleanup. Mr. Ochsner added they remove maximurn concentrations and rerun the model until it satisfied a residential screening level. There were no cleanup proposals for the other areas on the site. If there were an equitable servitude on the property, the new property owner would assume the liability. The City's deed restriction on the land was a bit vague and needed to be cohesive with DEQ cleanup standards. Ms. Turnblom confirmed a residential, commercial, and industrial lot could be adjacent each other with different cleanup standards for all three. The assumption was residential would not have access to the commercial or industrial property. DEQ would look at each parcel separately and determine screening City Council Study Session October 6, 2015 Page 3 of 3 levels or protection. A park would be site specific and based on exposure. Mr. Lohman clarified the nature of the contaminants were in the soil and could not migrate off the site. DEQ would look into the urban residential standard for the site and provide information to the City on the possibility of using this standard instead of residential. Ms. Turnblom addressed the increase in arsenic toxicity since the 2001 ROD and the location of six wells a half mile from the contaminated area. During the beneficial use conducted for the remedial investigation, they did not identify groundwater and would consider that when the plan came back. Union Pacific would bring in a remedial action plan, evaluate, and approve it at current standards with the latest scientific information. Mr. Kvcinski added they would also compare the work plan to the 2001 ROD and address any changes. Council was interested in a full site cleanup, reviewing and possibly modifying the deed restriction, and clarification regarding land use. Mr. Lohman responded to a Councilor's request for an environmental lawyer and thought Council would benefit more from a subject matter expert instead. Staff would work with DEQ and develop options for Council on modifying the deed restriction to make the property sellable, meet DEQ requirements, and ensure adequate protection for citizens, and determine liability risks. They would bring options to Council. Meeting adjourned at 8:29 p.m. Barbara Christensen City Recorder City Council Study Session October 6, 2015 Page] of 8 MINUTES FOR THE CITY COUNCIL REGULAR MEETING October 6, 2015 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 8:40 p.m. in the Council Chambers Civic Center. ROLL CALL Councilor Voisin, Morris, LemhonSe, Seffinger, Rosenthal and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor read statement in honor of those that died in the shooting at Umqua Community College. Mayor noted that there is a vacancy on the Forest Lands Commission. APPROVAL OF MINUTES The minutes of the Study Session of September 14, 2015 and Business Meeting of September 15, 2015 were approved as amended with the following: page 9 of 10, 5t" paragraph, 2" d sentence "She had concern regarding the "minor" amendment. "Minor" should be "major." In addition, City Recorder will review the two motions at the bottom of page 9 for accuracy. If incorrect, they will be corrected. SPECIAL PRESENTATIONS & AWARDS Mayor's proclamation of October as Inclusion and Equity Month was read aloud. PUBLIC FORUM Tarra Light/2234 Siskiyou Blvd 4G62/Spoke regarding emergency planning and she suggested that Community Town Hall meetings be established. These meetings could be held in central locations for when a crisis occurs. She provided an example of what a panel would consist of which would provide opportunity to citizens to participate. Nancy Nelson/149 Clear Creek Drive #202/Spoke regarding the proposed art piece "Gather" and how she felt that a metallic piece should not be at this site. She had concern with this artwork located on the eastern side of the city as she felt it should be on the western side of the city. She felt it was counter to principals of our community and we should respect and honor Asian culture. An artwork at this site should be trees or floral of nature with lights for an eastern entrance into our city. Shannon Downey/645 Oak Street/Offered her thanks to the Mayor and council for the future cleanup of the railroad property. She does believe that there will be traffic safety issue associated with use of Oak Street for removal of the soil and are options for this dilemma that CH2MHill could consider. Joseph Kauth/1 Corral #B/Voiced his concern with geology and specific meteorology, land use planning and the need for a comprehensive plan. He commented on House Bills passed in 1973. Linda Peterson Adams/642 Oak Street/Voiced her appreciation to the Mayor and council on issues that directly affect citizens and the participation of those that get involved in the political process. She noted that volunteers would be picking up food bags for the Food Bank. City Council Study Session October 6, 2015 Page 2 of 8 Huelz Gutcheon/2253 Hwy 99/Announced that Southern Oregon Climate Now (SOCAN) would be holding their climate summit this next Tuesday and Wednesday (location not noted). In Ashland, there will be a kick-off meeting at noon on Sunday at the Ashland Armory conducted by a committee of SOCAN. Further information can be found at ashlandelimate.org Alice Mallory/438 Taylor/Requested that the council reconsider placement of the art piece "Gather" as she did not feel it was the right venue. She stated that a metallic piece of this size would be better placed elsewhere and suggested the center of town near city offices. She noted the various gateways to the city. Councilor Voisin/Marsh m/s to add to the agenda a discussion on review by the Historic Commission for the proposed "Gather" art piece. Roll Call Vote: Voisin, Morris, Lemhouse, Seffinger, Rosenthal and Marsh, YES. Motion passed. CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Appointment of Thomas Buechele to the Housing and Human Services Commission 3. Liquor license application for Elisa Boulton dba Kokua Tiki Bar & Grill 4. Endorsement of the Monster Dash for hanging a banner 5. Approval of a special procurement for body cameras and data storage service 6. Partial reconveyance of Trust Deed on Verde Village properties 7. Endorsement of the SOCAN Climate Summit - Our Critical Climate Councilor Rosenthal/Morris m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS (None) UNFINISHED BUSINESS 1. Continuation of the 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" City Recorder Barbara Christensen provided the point at which the council was to begin for the continuation of the first reading of ordinance. Councilor Marsh/Morris m/s 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 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 Support Document to the City of Ashland Comprehensive Plan." City Council Study Session October 6, 2015 Page 3 of 8 Motion amended and included in above main motion the following: to change the property zoned as NN 1-3.5C with the exception of the northern most block to NN 1-3.5. Councilor Marsh/Lemhouse m/s to amend that within the Comprehensive Plan on page 28 under Alleys, second paragraph, to eliminate the sentence "The narrow street section of rear lances reduces the extent of impervious surfaces in the Normal Neighborhood and supports wetland and stream health." In addition, on page 8, under Pedestrian-Oriented Clustered Residential Units to include NN-1-5 zoning classification that allows such units. DISCUSSION: Councilor Marsh explained that these were recommendations made by the Planning Commission. ROLL CALL VOTE: Voisin, Morris, Lemhouse, Seffinger, Rosenthal and Marsh, YES. Motion passed. Councilor Voisin motion to amend that changes within graph on page 12 that NN-1-3.5 and NN-1- 3.5-C ends at Attached Residential Unit, NN-1-3.5 is extended to Neighborhood Business and Services and to include Cottage Housing in NN-1.35 and NN-1-3.5-C. Motion died due to lack of second. Councilor Marsh/Lemhouse m/s to amend that the Normal Neighborhood Plan be subject to review after construction of 150 units or ten-years, whichever comes first, by the city council. DISCUSSION: Councilor Marsh explained that due to comments made by public that there were many "what ifs" in this large plan and that this would allow for a built-in review on current issues and an opportunity to made adjustments if necessary. Councilor Lemhouse supports a mandatory pause and review due to the concerns in the community that this plan would be an automatic implementation without any review process that takes into consideration changes in the environment, community, etc. He felt that this is a good trend to use in all city plans. Councilor Voisin did not support the motion as she felt that the "pause" should happen now not ten years later and that there enough current concerns to support it being reviewed now. Councilor Marsh asked that staff take this concept and bring back formal language that supports this motion at second reading and anything else that council should consider within this conception requirement. Councilor Morris explained his mixed feelings on the proposed amendment. That this included, if the plan developed into real low density, the question of would more units be added. He stated that most city plans are considered "live documents" and change over time. He provided several examples and stated that this amendment is not necessary. Councilor Seffinger supported the amendment because this adds security to the future in the case of changes and supports the concerns raised by individuals. Councilor Rosenthal voiced his appreciation on the spirit of the motion as it addresses the sensitivity and complexity of the plan but believes that there will be many opportunities to revisit the plan in the future and that a fixed date is not necessary. Roll Call Vote: Seffinger, Marsh and Lemhouse, YES; Voisin, Rosenthal and Morris, NO; Mayor, YES. Mayor explained his vote as this would bring back specific proposals. Motion approved 4-3. Councilor Lemhouse/Rosenthal m/s to amend that requires improvements made to E Main Street to Clay street prior to or simultaneously with any construction or development that borders E Main Street. DISCUSSION: Councilor Lemhouse acknowledged discussion that improvements to E Main Street could get ahead of any development in this area. Councilor Rosenthal stated that any improvements to E Main Street were critical for this plan to move forward and that this would be a major consideration for any development anyway and this may not be necessary as a requirement. Councilor Marsh stated that this plan does have requirements for approval and asked for clarification from staff. City Council Study Session October 6, 2015 Page 4 of 8 Clarification was made that this motion applies to the main motion. Senior Planner Brandon Goldman explained that the current requirement for improvement to E Main Street could be found on page 30 of the proposed plan under Advance Financing and Phasing of Public Improvements. This language was inserted on the recommendation of the Transportation Commission and does allow for phased improvements. Public Works Director Mike Faught confirmed that they had consulted with a Traffic Engineer that provides for requirements and language was included in the plan that specifically allows for review of impact when development occurs Councilor Lemhouse requested assurance that the language in the plan, regardless of the complexity and cost, provide that improvements bordering E Main Street would be done at the time, prior to, or simultaneously on the completion of the development. Mr. Goldman stated that the language was written with the intent that the pedestrian and bike paths would be done in phase one. Staff agreed to bring back to second reading, language in this section that clearly states that pedestrian and bicycle improvements would be done, from Walker Street to Clay Street, when there are any improvements to E Main Street. This language would also include that adding 250 feet to an intersection would be done. Councilor Voisin motion to amend amendment to on page 30 under Advance Financing and Phasing of Public improvements, second paragraph, to add "However, any development that adds residences on five acres or more should trigger the complete improvement on E Main Street from Clay Street to Walker Avenue. Motion died due to lack of second. Continued discussion on Councilor Lemhouse amendment: It was clarified that the motion should have stated "from Walker Avenue to Clay Street." Roll Call Vote on amendment: Seffinger, Marsh, Voisin, Rosenthal and Lemhouse, YES; Morris, NO. Motion approved 5-1. Public Works Director provided further clarification on Advance Financing and guarantee that the money would come back to the city. The Advance Financing if a funding tool option and is important for larger developments where there is major infrastructure involved. This tool gives either the developer or the city an opportunity to fund the project and get money back when completed. Mr. Faught explained that this option is similar to a Local Improvement District but that the payment of the developer's share of the assessment comes at the beginning of the project rather than at the end of the project. He stated that there are options in how to secure financing either through the developer or through the city. There is a risk involved is in the financing as payment could be spread out over ten to twenty years and standard loan financing might be difficult to obtain as there is always the question of whether the development occurs or not. He noted that another option could be through a Developer's Agreement. The city would have more options in regards to payment of loan through this agreement that allows for less risk to the city. Mr. Goldman clarified that the plan does not obligate the city into entering into any specific agreement. That if the developer was to request for Advance Financing, it would come before the council for a public hearing and council approval on the development of the District. Councilor Voisin her concern that the taxpayers would be left with the bill and she would need more information or a study session before moving forward on this. She does not understand the role of the developer. Mr. Faught explained that these are just options and the role of those that participate can be set by the council when the District is formed. City Attorney Dave Lohman provided example of the recent Verde Village Developer Agreement. City Council Study Session October 6, 2015 Page 5 of 8 Councilor Lemhouse began to state a motion but it was determined it did not relate to the current ordinance under discussion. Councilor Voisin motion to amend that on the map of page 5 Housing and Land Use, Commercial/Retail, to match like mixed to like, specifically along Normal Avenue in NN-1-5 and to continue this principal throughout the map. Motion denied due to lack of second. Roll Call Vote on amended main motion for first reading and place on agenda for second reading: Seffinger, Marsh, Rosenthal, Lemhouse and Morris, YES; Voisin, NO. Motion approved 5-1. Councilor Marsh/Morris m/s to approve first reading of "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. DISCUSSION: Staff confirmed that the motion did not include the recommendation by the Planning Commission to broaden the definition of a shared. Mr. Goldman explained that this would eliminate the application that only happens under the circumstance when there is a physical restraint instead of being allowed under many more circumstances. Councilor Marsh requested that the motion also include Planning Commission recommendation: Broaden the Shared Street description to allow this new street type to be applied in areas other than those that are physically constrained. "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 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." In addition, to place on agenda for second reading. DISCUSSION: Councilor Marsh explained that a Street Plan makes sense and that laying out a street and trail plan is the most important part of a master plan. She understands that many parts of the street plan will not be built out for many years, but the piece of the plan that moves through the undeveloped land is critical as it puts into place a plan for when and if a development occurs. Councilor Morris spoke on the importance of connectivity, especially from East to West. He supports approval of the change of definition at this time rather than waiting until the Normal Street plan is approved or when development begins as this should be citywide. Roll Call Vote: Morris, Lemhouse, Rosenthal, Marsh and Seffinger, YES; Voisin, NO. Motion approved 5-1. Councilor Voisin/Lemhouse m/s to approve first reading of ordinance "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." And adding the amendment as recommended by Planning Commission to add new section 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 City Council Study Session October 6, 2015 Page 6 of 8 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 of greenways. 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. DISCUSSION: Councilor Voisin stated that the Planning Commission recommendation was important to the plan. Councilor Voisin motion to amend on page 10 to delete section 18.3.4.075 Advance Financing District (Reserved). Motion denied clue to lack of second. Councilor Le►nhouse/Voisin m/s to amend on page 5, in graph under Table 18.3.4.040 Land Use Descriptions, that a requirement be made that any commercial development be subject to a conditional use permit. Councilor Lemhouse clarified that Home Occupation category is included in his motion as subject to a conditional use permit. DISCUSSION: Councilor Lemhouse understands that mixed use is good in some areas but in this case, mixed use is a compromise to the residents who voiced fear in the disruption of commercial businesses when there is no way to know what these businesses would be and how they would impact the area. He felt that it was especially true in NN-I-3.5-C area and provided examples. Councilor Voisin stated that it was important for the residents to be aware of the types of businesses that would be established in their neighborhood. Councilor Voisin/Lemhouse m/s to amend amendment that Home Occupation remain as a Permit. DISCUSSION: Councilor Voisin felt it was important that Home Occupation remain as a permit. Councilor Lemhouse stated that this was about compromise and finding the best framework. Mr. Goldman clarified for council that Home Occupation is already permitted use outright throughout the city in residential zones and that there are established standard requirements in place. The cost difference between permitted and conditional use permit for Home Occupation would be significant. Roll Call Vote: Seffinger, Marsh, Voisin, Rosenthal, Lemhouse and Morris, YES. Motion approved. Continued discussion on amended amendment: Mr. Goldman clarified for staff that the use of a conditional use permit (CUP) as proposed would require the applicant to address criteria for a CUP along with the application for site review and approval before the Planning Commission. It would place a higher burden of proof on the applicant to demonstrate that their use is of no greater impact than the target use of the zone. Mr. Goldman explained that in the limitations of a CUP in NN-1-3.5-C, it would be at the higher level of the application process. He did agree that arguments could be made that in connection with residential development, neighbors could argue that it would have a greater adverse material effect on their property. This would be a decision point for the public hearing body. Mr. Goldman clarified that Day Care Center defines under a broader terms such as Groups Homes that are outright permitted in single family homes that are state permitted. A Day Care Center would not qualify under the definition of Home Occupation permit. He further explained that there is no minimum density City Council Study Session October 6, 2015 Page 7 of 8 but upon an annexation, this area would have to meet the minimum density requirement of 90% of the base density. Councilor Morris pointed out that the minimum density it would be self-limiting for what could be built in this area. Councilor Lemhouse explained that the intention of the motion was to allow for residences to more aware and involved in what was being proposed in their neighborhood. Councilor Seffinger voiced her concern with the ability for Day Care Centers to operate. Councilor Marsh stated that there are certain criteria with a CUP and that criteria of "no more intensive use than the target base" will be a hard finding to make in a neighborhood use. Councilor Voisin stated that there needs to be this type of oversight for businesses coming into residential zones. Councilor Marsh/Morris m/s to call for the question. Voice Vote: all AYES. Motion passed. Roll Call Vote on amended amendment: Voisin and Lemhouse, YES; Morris, Seffinger, Rosenthal and Marsh, NO. Motion failed 2-4. Councilor Voisin motion to delete section 18.3.4.030 C (2) (c). Motion was withdrawn. Councilor Marsh/Lemhouse m/s to amend motion to change in section 18.3.4.030 C (3) (3) Type I procedure to Type II procedure. DISCUSSION: Marsh noted that concerns raised about changes to wetlands open space that could happen after a property has been annexed. Staff has indicated that if an application were received it would be forwarded to the Planning Commission for review. Changing this from Type I procedure to Type 11 procedure guarantees that it will be reviewed by the Planning Commission. Mr. Goldman explained that if an owner of property that has been annexed and proposed a modification to the sub-division it would be subject to the same review process as Type II procedure. Councilor Marsh/Lemhouse motion to call for the question. Voice Vote: all AYES. Motion passed. Roll Call Vote on the amendment: Morris, Lemhouse, Seffinger, Rosenthal and Marsh, YES; Voisin, NO. Motion passed 5-1. Councilor Marsh/Lemhouse motion to call for the question on the main amended motion. Roll Call Vote: Seffinger, YES; Voisin, Morris, Lemhouse, Rosenthal and Marsh, NO. Motion failed 1-5. Councilor Morris stated that he could not support the main motion at this point as he would rather have the motion separated out from the added amendment that included the recommendation by the Planning Commission to add a new section 18.3.4.060 A(5). Councilor Morris/Marsh m/s to separate the main amended motion that included the recommendation by the Planning to Commission to add a new section 18.3.4.060 A (5). DISCUSSION: Councilor Morris stated that the open space network plan and the Type II procedure will make it too difficult for multiple parties, depending on who develops first, that there would be more dictated on what happens to the property than should be. Roll Call Vote: Morris, Lemhouse, Seffinger, Rosenthal and Marsh, YES; Voisin, NO. Motion passed 5-1. City Council Study Session October 6, 2015 Page 8 of 8 Discussion on the separated main motion will continue at the October 20 council meeting. NEW AND MISCELLANEOUS BUSINESS (None) ORDINANCES, RESOLUTIONS AND CONTRACTS (None) OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. A discussion on review by the Historic Commission for the proposed "Gather" art piece." as added to agenda by motion. ADJOURNMENT OF BUSINESS MEETING Meeting was adjourned at 10:30 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor CITY OF -ASHLAND Council Communication October 20, 2015, Business Meeting Presentation on Electric Service Disconnection for Non-Payment FROM Mark Holden, director of IT and electric utility, mark. holden(a]ashland.or.us SUMMARY This is a report on processes and practices surrounding electric service disconnection for bill non- payment. During the legislative session, Representative Buckley's office requested publicly owned utilities present their governing body with a review of how electric service disconnection is handled for individuals in the following circumstances: • Low income customers • Special medical needs • Severe weather • Appeals process This presentation provides an overview of the City the policies and practices affecting City Electric Utility customers. BACKGROUND AND POLICY IMPLICATIONS: The 2015 legislature was interested in preventing, where special circumstances may apply, incidents resulting from electric service disconnection for non-payment of electric utility bill(s). The legislative request focused on the following special circumstances: low income, special medical needs, severe weather events and the avenues or appeals processes available. The Oregon municipal electric utilities, as a group, believe they have the processes and practices in place to avoid incidents from occurring. The municipal utilities agree a proactive approach is necessary to ensure visibility of these processes and practices. The municipal utilities have agreed to report the processes and practices of the utility to the local utility governing body. Key to the process for low income, special medical needs and appeals process is proactive action by the customer in contacting and working with the electric utility regarding the customer circumstances. The following is a report of the processes and practices followed by the City of Ashland Electric Utility Billing for low income, special medical needs, severe weather and appeals process. Low Income Ashland Municipal Code (AMC): 14.02.080 and 14.02.015 AMC 14.02.080 Information on Financial Assistance Page 1 of 4 IWi, CITY OF -ASHLAND Prior to terminating service, the City will inform residential customers who cannot pay their bills of the names and telephone numbers of appropriate units within the State Department of Human Resources or other social service agencies which may help the customer determine what federal, state or private aid may be available to that customer. City Practices: The policies and procedures described within the City Code are adhered to. In addition, Ashland offers programs to help consumers with utility bills. Ashland Low Income Energy Assistance Program (ALIEP), allows low income residents with an active electric utility account to apply for credits of up to fifty percent of their electric usage to be applied to their electric bill up to a maximum of three hundred dollars. The fiscal year 2016 budget for ALIEP is $103,000. The City also sponsors the HEAT assistance program, it allows for a once a year assistance to any consumer who has received a disconnect notice. The fiscal year 2016 budget for Heat assistance is $5,500. During the busy time of year for these programs, the City brings on extra staff to help process and administer them in an effort to make sure anyone needing help can receive it. The City programs may be used in addition to county programs such as ACCESS. AMC 14.02.015 Senior Citizen Discount A. To qualify for the senior citizen discount, a person must be 65 years of age or disabled and 60 years of age and the total household income shall not exceed the Federal Community Services Administration poverty guidelines. B. The senior citizen discount shall only apply to the applicant's residence. C. A senior citizen desiring to receive a utility discount must submit an initial application to the City on forms provided by the City. In order to maintain continuous qualification for such discount, the senior citizen shall, not later than June 30th of each ensuing year, file an annual application for renewal on forms provided by the City. The City Administrator, or authorized designee, shall determine whether the applicant meets the qualifications and requirements of the City. D. In special hardship cases, a committee of two City Council members and the Senior Program Director, may recommend the City Administrator grant exemptions to the foregoing income limitations where the circumstances.* ustify such exemptions. (Ord. 2673, 1992) City Practices: The process and procedures described within the City Code are adhered to. Qualified applicants not exceeding the federal poverty guidelines receive a 30% discount. Those not exceeding 125% of the federal poverty guidelines receive a 20% discount. Staff from the Senior Program preform home visits for applicants in order to help them with the application process. Special hardship cases are generally referred to the Administrative Services Director for review. Special Medical Needs AMC: 14.02.100 and 14.02.040(D) AMC: 14.02.100 Restrictions on Residential Terminations A. Physical Disabilities - The City will not terminate service of a residential customer or refuse Page 2 of 4 _ 11FALAIN CITY OF ASHLAND to restore service on request, if the City has been advised in writing by a licensed physician, or public or private agency providing physical or mental health care, that termination of service would significantly endanger the physical health of the customer or any member of the customer's household and a certification under Section 14.02.040(D) is in effect. However, the City reserves the right to install a service limiter type meter while such certification is in effect. B. Weekends and Holidays - Residential service shall not be terminated on, or the day prior to, a weekend or Holiday. C. Accounts not related to residential service - the City will not terminate residential service of a customer for failure to pay for a nonresidential service at another address, nor shall service be terminated for a nonresidential service for failure to pay for a residential service at another address. AMC 14.02.040 Notice of Delinquency (D) D. A statement that no termination will take place during the period of November to March inclusive, if the customer has obtained, prior to the proposed date of termination, a written statement from a licensed physician or a public or private agency providing physical or mental health care, that the termination would significantly endanger the physical health of a residential customer or any members of the customer's household. The customer shall also be advised that such certification must be renewed in writing every thirty days thereafter, unless the certification states that the condition is chronic, in which case the certification must be renewed annually. Any customer filing such a certification shall also be advised that they must enter into an arrangement with the City to pay any past due bills that accrue while the certificate is in effect. City Practices: The process and procedures described within the City Code are adhered to. Severe weather AMC: There is no city code specifically addressing severe weather. City Practices: The billing department works with consumers to avoid disconnection. City code 14.02.040(D) provides for avoidance of disconnect from November to March if it is determined that termination would endanger a member of the household. Disconnects only occur when there is no response from the customer or they have failed to keep arrangements and become so far past due they may never catch up. Appeals Process AMC: 14.02.090 AMC: 14.02.090 Appeal of Termination A. Any customer may appeal the City's decision to terminate service or its refusal to restore service, by submitting a written appeal stating the reasons for the appeal to the City Recorder, Ashland City Hall, during business hours. B. Upon receipt of the appeal, the City Recorder shall notify the Utility office, and if the service has not been terminated, the City shall not terminate service until after the matter has Page 3 of 4 Fr, CITY OF ASHLAND been acted upon by the City Council. C. The City recorder shall present the appeal to the City Council at its next regular meeting, giving notice to the customer of the date, time and location of the proposed hearing before the City Council. The decision of the City Council shall be final. City Practices: The process and procedures described within the City Code are adhered to. Historically non-payment issues have been resolved within City practices and have very rarely risen to Council. COUNCIL GOALS SUPPORTED: 5. Seek opportunities to enable all citizens to meet basic needs. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTION: N/A ATTACHMENTS: Timeline for disconnects Resolution NO. 92-22 Page 4 of 4 CITY OF -.SH LAN D Timeline for service disconnect Disconnection of electrical service does not occur for a minimum of 30 days from the time an account is past due (please see example of timeline below). Disconnection can often be avoided or delayed if the customer contacts our Utility Billing Department and makes arrangements for repayment. The City works with customers to avoid a disconnect, if at all possible. for non- payment. The timeline is often extended while these efforts are moving forward. In addition, our customers have the right to appeal a proposed disconnection of service, and during the appeal process their service would not be disconnected. Example of timeline for disconnection without customer response: Date Event October Bill charges due. Bill not paid 2nd October Next bill mailed statement of past due amount included. Notices pursuant to city 9th code 14.02.040 also included. October Past due charges are due 16th October Door hanger notice delivered in person by City staff 20th October Second notice (door hanger) delivered in person by city staff. Attempt to make 28th personal contact. November Final attempt to make personal contact seeking resolution, followed by possible 4th disconnect. If disconnected a door hanger explaining why and how to get service restored is left. RESOLUTION NO. 92--~-Z A RESOLUTION ADOPTING A SENIOR CITIZEN UTILITY DISCOUNT PURSUANT TO SECTIONS 14.04.030, 14.08.035 AND 14.16.030 OF THE ASHLAND MUNICIPAL CODE, AND REPEALING RESOLUTION NO. 92-18. THE MAYOR AND CITY COUNCIL OF THE CITY OF ASHLAND DO RESOLVE AS FOLLOWS: SECTION 1. Senior Citizen Utility Discount. If the applicant has met all of the requirements of the Ashland Municipal Code, the City shall, beginning with the next billing cycle after the date of the application, discount the total amount billed for water, sewer and electric service, not including connect fees, reconnect fees and similar charges. The amount of discount for the applicant's own residence shall be twenty-five thirty percent for water', ar~eF-electric and sewer bills if the applicant's household income does not exceed the poverty guidelines of the Federal Community Services Administration, or fifteen pereent twenty percent for water*,., and electric and sewer bills if the applicant's household income does not exceed one hundred twenty-five percent of the poverty guidelines of the Federal Community Services Administration. in speeial ' , hardship eases, a eemraitt '2) Geneil members and the Se i2V~gra~ where the euFasta-nees-justify e pt .s. SECTION 2. The effective date of this resolution is July 1, 1992. SECTION 3. Resolution No. 92-18 is repealed. SECTION 4. Three (3) copies of this Resolution shall be maintained in the office of the City Recorder and shall be available for public inspection during regular business hours. The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the 5th day of May, 1992. Nan E. ranklin City Recorder SIGNED and APPROVED this ~day of May, 1992. Cane M. Golden Mayor p oved a t orm: f - i ul N-olte City Attorney (d:\council\resos92\senutil.dsc) 11 ASHLAND HISTORIC COMMISSION Meeting Minutes September 2, 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. Shostrom Commission Members Absent: Mr. Giordano (U) Council Liaison : Carol Voisin Staff Present: Staff Liaison: Mark Schexnayder; Clerk: ReganTrapp APPROVAL OF MINUTES Mr. Whitford motioned to approve minutes with correction from August 5, 2015. Mr. Shostrom seconded. No one opposed. Minutes were approved with correction by Mr. Shostrom for not adding a park row at the curb in PA-2015-01496. PUBLIC FORUM There was no one in the audience wishing to speak. COUNCIL LIAISON REPORT Ms. Voisin gave the Council Liaison report. OLD BUSINESS Update from Parks Department staff in regards to the Butler-Perozzi Fountain. Michael Black, Parks Director and Bruce Dickens Parks Superintendant with Ashland Parks and Recreation gave a presentation regarding the Butler-Perozzi Fountain to the Historic Commission. Mr. Black and Mr. Dickens gave a short history on the funding process of the Butler-Perozzi Fountain. They are looking at all avenues to save the fountain. They explained that Ashland Parks Foundation did a fundraiser and raised a few thousand dollars towards the project and there are other fundraisers in the works. Mr. Dickens explained that they are questioning if the structure and the stairs need to be fully restored or just repaired. At this time they are unsure. The Commission has requested that if the fountain is ever on the Parks Commission agenda that they be invited to attend. Mr. Dickens agreed. Mr. Skibby read aloud the procedures for public hearings. PLANNING ACTION REVIEW: PLANNING ACTION: PA-2015-01115 SUBJECT PROPERTY: 34 S Pioneer Street OWNERIAPPLICANT: 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 0913C; TAX LOT: 1100 Mr. Schexnayder gave the staff report on PA-2015-01115. Mr. Skibby opened the public hearing to the applicant. An email submitted on August 19, 2015 by Alan Harper requested to supplement their original application materials. Alan Harper, Attorney at Law, representing Oregon Shakespeare Festival, addressed the Commission. He spoke in depth about the list of conditions from the Planning department and defined the position of Oregon Shakespeare Festival in regards to these conditions. Mr. Skibby closed the public hearing and opened to the Commission. Mr. Shostrom motioned to approve PA-2015-01115 with the draft conditions as written #1 - 7. Mr. Ladygo seconded. No one opposed. (Draft Conditions for PA-2015-01115) 1. Bright or neon colors used extensively to attract attention to the food cart(s) or use are prohibited. Final size, scale, color and materials of cart(s) to be reviewed by the Historic Commission Review Board and approved by the Staff Advisor before commencement of the temporary use. The food cart(s) and other site appurtenances associated with the temporary use (i.e. tables, umbrellas, etc.) should consist of colors that blend into the adjacent surroundings and back drop buildings. 2. A plan establishing a six-foot wide pedestrian path through the plaza from the stairs adjacent to Pioneer St. to the sidewalk on Main St., and a clear path to the front entrances of the Black Swan Theater and Chamber of Commerce shall be submitted for review and approval of the Staff Advisor before the commencement of the temporary use. The temporary use (e.g., food cart, tables, chairs) shall be located outside of the approved pedestrian path. 3. The seating walls around the existing planters shall be accessible and usable for pedestrians and the food cart tables and chairs shall be located a minimum of three feet from the seating walls. 4. A maximum of 15 square feet of signage will be allowed. Any signage applied to the cart awning/umbrella is limited to five square feet. Any remaining signage can be divided between two facades of the food cart, to be installed flush with the cart body. 5. The food cart is allowed two exempt incidental signs, not to exceed five square feet in combined total. If the temporary use utilizes a portable sign, the area of the portable sign shall be deducted from the five square feet aggregate sign allowed for exempt incidental signs. Furthermore, portable signs must be placed immediately adjacent to the food cart. 6. No signs shall use plastic as part of the exterior visual effects or be internally illuminated. 7. All applicable building and fire codes must be met before food cart can begin operation. PLANNING ACTION: PA-2015-01496 SUBJECT PROPERTY: 35 South Second Street OWNERIAPPLICANT: MPM Investments AGENT: Kistler, Small & White, Architects DESCRIPTION: A request for Conditional Use Permit and Site Design Review approvals to allow 3,051 square feet of additions including a new kitchen, new bar, laundry room, two new second floor offices and an accessible lift, and the conversion of the existing kitchen into bussing and storage areas for the Winchester Inn located at 35 S. Second St. Also included are requests for Tree Removal Permits to remove two trees: a six-inch diameter Plum tree located within the footprint of the proposed new bar, and an eight-inch diameter Birch tree within the footprint of the addition at the rear of the main house; and Exception to the Street Standards to retain the existing curbside sidewalk along the perimeter of the property. COMPREHENSIVE PLAN DESIGNATION: Commercial Downtown; ZONING: C-1-D; ASSESSOR'S MAP: 39 1E 09BD; TAX LOTS: 5600-5700 Mr. Schexnayder gave to staff report on PA-2015-01496. Mr. Skibby opened the public hearing to the applicants. Matt Small, with Kistler, Small, White presented to the Commission. Mr. Small stated that the proposal includes a new bar, two second floor offices, a new kitchen, a new laundry room and the remodel of the existing kitchen into the bussing station and storage areas. The additions proposed are a 360 square foot bar on the south side of the existing main building, adjacent to the existing dining area. The new full service kitchen will occupy the first floor of the west side of the main facility. The proposed new square footage of the kitchen is 869 square feet. The existing height and setback of the building is unchanged. The massing of the building will continue to be appropriate to the existing Victorian architecture, and smaller than the other commercial buildings in the immediate neighborhood. Mr. Skibby closed the public hearing and opened to the Commission. Ms. Kencairn motioned to approve PA-2015-01496 as submitted. Ms. Renwick seconded. No one opposed. PLANNING ACTION: PA-2015-01512 SUBJECT PROPERTY: 198 Hillcrest Street OWNER/APPLICANT: Britt Pearson DESCRIPTION: A request for a Conditional Use Permit to alter a non-conforming structure. The applicant proposes to add a second story balcony (6.5' x 20') extending out from the East side of the existing two story dwelling. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 1 E 09CA; TAX LOT: 9900 Mr. Schexnayder gave the staff report on PA-2015-01512 Mr. Skibby opened the public hearing to the applicants. The applicants were not present. Mr. Skibby closed the public hearing and opened to the Commission. Mr. Shostrom motioned to approve PA-2015-01512 as submitted. Ms. Kencairn seconded. No one opposed. NEW ITEMS: Review board schedule Project assignments for planning actions CLG study session, September 17, 2015 at 11 am. Mr. Schexnayder spoke regarding the CLG study session on September 17, 2015. The Commission agreed that it would be a good idea to drive around the Historic District and take pictures of bad examples of exterior work. They discussed and decided that a few Commissioners would each take certain areas of the district and report back to Ms. Trapp with their picture results for the CLG meeting. OLD BUSINESS: There was no old business to discuss. DISCUSSION ITEMS: Mr. Skibby addressed the Commission regarding appointing a liaison to attend the City Council meetings. The Commission discussed this and decided that they would not want to appoint a certain person and would like to take it on a case by case basis depending on the need. Downtown Plaza project. Mr. Schexnayder gave a report on the Downtown plaza project. Katherine Thaldon, Landscape Architect, addressed the Commission regarding her ideas for the Downtown Plaza project. Ms. Thaldon stated that she was approached by several members of the City Council to help them in reading the plans for the Downtown Plaza project. She emphasized that the plantings in the Plaza are in good condition except for the bare area behind the information booth. She spoke about fencing options and what would possibly work for the Plaza area. Ms. Thaldon recommended using substantial green plantings instead of a shorter fence. After much discussion, the Commission briefly outlined some recommendations that they would like to send to the City Council regarding the project. The recommendation of the Historic Commission is to use substantial plantings instead of fencing to make the space look less confined. The plantings would be much more cost effective and safer than a fence. The Historic Commission recommends 5 gallon plants, closely spaced together to create a natural foliage barrier. By planting evergreen or big leafy type plants (drought tolerant if possible) it would make the space lush and welcoming. Adding an anchor evergreen plant in each pot for winter interest would be a nice touch. COMMISSION ITEMS NOT ON AGENDA: There was nothing to discuss. Review Board Schedule September 17th Terry, Sam, Kerr September 24th Terry, Allison, Tom October 1st Terry, Andrew, Bill October 8th Terry, Andrew, Keith Project Ania nts 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 63713' Street Shostrom PA-2015-00797 266 Third Ladygo - _ i PAPA--20120155--01115 01496 , 34 S. Pioneer Ladygo 35 S. Second-Winchester Inn Shostrom PA-2015-01512 198 Hillcrest Swink ANNOUNCEMENTS & INFORMATIONAL ITEMS: Next meeting is scheduled for October 7, 2015, 6:00 pm. There being no other items to discuss, the meeting adjourned at 8:45pm Respectfully submitted by Regan Trapp CITY OF ASHLAND ASHLAND PLANNING COMMISSION SPECIAL MEETING MINUTES September 22, 2015 CALL TO ORDER Vice Chair Michael Dawkins 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. Maria Harris, Planning Manager Michael Dawkins Derek Severson, Associate Planner Debbie Miller April Lucas, Administrative Supervisor Haywood Norton Roger Pearce Lynn Thompson Absent Members: Council Liaison: Melanie Mindlin Greg Lemhouse, absent CONSENT AGENDA A. Approval of Minutes. 1. August 25, 2015 Study Session. 2. September 8, 2015 Regular Meeting. Commissioners Brown/Pearce m/s to approve the Consent Agenda. DISCUSSION: Commissioner Thompson commented on two statements listed on the August 25 minutes: 1) "Grow sites should be limited to outdoors in order to keep people from wasting the city's electricity." Thompson clarified this concern was related to commercial activities only. 2) "The ordinance should be clearer that the resident needs to live there, not just that the house's primary use is residential." Thompson stated it would be more accurate to state "the rg ower needs to live there." Minutes approved with corrections. [Commission Norton abstained from approval of September 8 minutes] PUBLIC FORUM Joseph Kauthl1 Corral, #13/Commented on Goat's Head Thorn and its impact on wildlife, urban sprawl, and man's impact on temperature increases. TYPE II PUBLIC HEARING A. PLANNING ACTION: PA-2015-00797 SUBJECT PROPERTY: 266 Third Street OWNER/APP LICANT: Tanima Bhadra & Brandon Mathew DESCRIPTION: An appeal of the approval of a Conditional Use Permit allowing a four-unit Traveler's Accommodation consisting of three guest units and an owner's unit for the property located at 266-268 Third Street. COMPREHENSIVE PLAN DESIGNATION: Low Density, Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 391 E 09AB; TAX LOT: 9500. Commissioner Dawkins read aloud the public hearing procedures for land use hearings. Ashland Planning Commission September 22, 2015 Page 1 of 5 Ex Parte Contact Commissioners Miller, Norton, Pearce, and Dawkins conducted site visits. Commissioner Miller noted the owner was present on her site visit and confirmed the location one of the parking spaces. Commissioner Dawkins stated on his visit a vehicle was parked in the space adjacent to the gas meter and it appeared to be sufficiently off the alleyway. Staff Report Associate Planner Derek Severson explained this is an appeal of staff's approval of a travelers' accommodation application. He stated the request is for one owner's unit and three guest units located at 266 Third and 268 Third. Staff approved the request with the caveat that a survey be completed to verify one of the identified parking spaces meets the dimensional and backup requirements; until that time only two guest units and the owners unit would be allowed. Mr. Severson explained the front unit is a cottage built in 1901 and the back unit was approved in 2002. At that time one on- street parking credit was granted due to the presence of 50 ft. of uninterrupted curb frontage. The approval also included two additional parking spaces between the buildings and a fourth space in the garage. For the current action, the applicant's are proposing a fifth parking space at the rear of the property, adjacent to the garage, to accommodate the demand of the travelers' accommodations. Mr. Severson reviewed the elevation drawings, building plans, and landscape plan. He noted this application went before the Historic Commission and they recommended approval with the exception that the proposed porch rail not be installed. He also elaborated on the parking requirements and clarified the owner's unit is required to have two parking spaces and one space for each of the guest units. He stated there was some question about whether one of the spaces met the dimensional requirements for a compact parking space and staff conditioned the approval to require a survey to ensure the fifth space was entirely on the applicant's property. In regards to the on-street parking credit, Mr. Severson explained the code in 2002 stated if an applicant had 48 ft. of uninterrupted frontage it counted as one on-street parking credit, but the code has since been amended to state it "may" be counted. However in staff's view, if you consider the parking demand and that the two buildings are already in place, it seems inappropriate to remove the credit that was granted in 2002. Mr. Severson commented on the timeline for the appeal and clarified pursuant to AMC 18.5.1.090.C, the appeal was accepted on the 13th day because the 121h day fell on a Sunday. He stated the three primary issues identified by the appellant are: 1) Inadequate parking and parking not to the standards, 2) Greater adverse effect on livability of the target residential impact area, traffic, noise, and light, and 3) Questions about the primary residence of the owners. He stated as already mentioned, the applicant have shown they have four parking spaces and the main question for staff is whether the fifth space meets the dimensional requirement. Regarding the adverse effect on livability, Mr. Severson listed the ITE trip generation figures and the daily trip calculations from the Public Works Department, and stated the street was made to accommodate 1,500 trips per day but the actual trips per day are well below this. In terms of noise and light, staff felt it was difficult to make a finding that the proposed use would have more impact than a duplex. Mr. Severson stated the other item staff considered was the broader impact on neighborhood character and explained there are 14 properties in the 200 ft, impact area. Many of those are in the E-1 zone and are not residential uses. Of the residentially zoned portion there are no other conditional uses and this would be the first one granted for that impact area. The last issue raised by the appellants was the owner's primary residence. Mr. Severson clarified the applicant's have stated they intend to retire to Ashland and reside in the B unit at 266 Third. He added staff has included a condition that evidence of primary residence needs to be provided to the city before they can begin commencing this use. Mr. Severson concluded his presentation and stated staff is recommending approval with the conditions as noted. Questions of Staff Mr. Severson clarified conditional use permits must commence within 18 months of the approval and can't be discontinued for more than 6 months. He also clarified he spoke with the city's building official and the bollard placed next to the fifth parking space was not a requirement of the city. Suggestion was made that if the fifth parking space meets the requirements it should be clearly marked and staff confirmed a condition requiring the space to be striped could be added. Applicant's Presentation Brandon Matthew and Tanima Bhadra/Stated the property is zoned R-2 which allows travelers' accommodations with a conditional use permit and explained there are two existing houses on the property, each with two stories. Mr. Matthew Ashland Planning Commission September 22, 2015 Page 2 of 5 stated all of the units will be over 400 sq.ft. and anyone could be used as the owner's unit. He cited staff's comments on previous CUP approvals that "Travelers' Accommodations are permitted as a conditional use within established residential neighborhoods primarily as a means to financially support renovations to older historic homes" and stated they are a textbook case for this. Mr. Matthew listed the improvements they have completed on the property and stated this is a transitional area adjacent to E-1 properties, and noted the alley used to access the units is busy with delivery trucks and service vehicles. He stated the location is close to downtown and any traffic the use brings will be inconsequential. Regarding parking, Mr. Matthew stated the property already has four parking spaces and the fifth space meets the city's requirements. He added visitors will park on the site, he and his wife will park in the garage, and the on-street parking would be used rarely, if at all. He clarified they met with Avista Utilities and received permission to remove the bollard and Avista is going to install a new one in the planter bed instead. Mr. Matthew commented on traffic generation, noise, and light/glare. He explained the average household generates 10 trips per day and they expect visitors to go out once during the day and once at night, far less than long term residents. Regarding noise, he stated their target clientele are OSF patrons who average 61 years in age and they don't expect them to generate a lot of noise compared to a group of 20-something renters or a family with children. Regarding light/glare, Mr. Matthew stated they will not be adding any additional lighting that would glare neighboring structures and there is nothing they can do that will compare to the glare from the street light in the alley. He added the trees along Third Street and the width of the street provides a significant sound and light buffer, and the fence and arbor that separates their property from the neighboring property also provides a sound and light buffer. Appellant's Testimony Marc Valens/247 Third/Stated he appreciates the improvements made to the property but stated the neighborhood character needs to be protected. Mr. Valens stated this application is for a new use and recommended the on-street parking credit be reevaluated. He stated the property owners have been parking on the street and is not sure he trusts their statement that this would not get used. He stated the city's prior actions and lack of curb space has had a cumulative effect and there is no room for anymore on-street credits. Mr. Valens expressed concern with the bollard being removed without a new one installed. He also voiced concern with bringing a commercial activity onto their block. He stated this is a very connected residential block and there will be a constant turnover of people if this is approved. Mr. Valens stated he is worried visitors will add noise, change the character of the neighborhood, and believes this will have a greater adverse impact. Jerome White/253 Third/Voiced his concerns with the encroachment of commercial businesses into residential neighborhood and stated there will be impacts. He asked for the commission to be sensitive to the residents and stated this use will not enhance the neighborhood. Mr. White noted Noble Coffee and the impacts it has had on their neighborhood, and while they welcomed commercial uses on the fringes they have seen a creeping affect into the neighborhood. Mr. White questioned the landscape buffer requirements which state the parking space must be 8 ft. from the building with a 5 ft. landscape buffer and asked if the applicant's would need a waiver or variance. Public Testimony Charles Douglass/265 Third/Stated he lives directly across from this property and they are already impacted by Get in Gear that is next door and the traffic, congestion, and parking issues they already face. Mr. Douglass stated he has concerns about how parking will be enforced and stated it is not uncommon for him to park on the next street over. He stated Third Street is different from Fourth Street and there is a distinct block of residential houses, and by crossing over the alley they are encroaching onto this. He asked that the neighborhood be preserved as is. Elizabeth Ellingson/253 Third/Stated parking is an issue and there are only two properties that have off-street parking, with most residents relying on on-street parking. Ms. Ellingson stated their livability will be impacted and does not feel this change from residential to commercial is appropriate for the neighborhood. She stated there will be different people every weekend and they can't anticipate they will all be coming only for OSF plays. She stated this is a tight knit neighborhood and while she appreciates the improvements would like for the owners to be permanent residents in the house and have long term renters in the other unit. Vivienne Friedman/258 Third/Stated she lives next door and while the applicants have done a good job with renovating the property she has concerns about a travelers' accommodation. Ms. Friedman stated voices, sounds, and lights from cars are amplified in the alley and impact the surrounding neighbors. She expressed concern with how many guests would be Ashland Planning Commission September 22, 2015 Page 3 of 5 allowed in each unit and stated this historic district lacks the benefit of garages and the only place to park is on the street. She stated she has never seen anyone use the garage at this property and expressed concern that the owners will maintain their primary residence in California and rent out all four units. Teresa Safay1120 High/Stated she is a reservations manager for a travelers' accommodation in Ashland and believes the impact will be far less than the residents anticipate. Ms. Safay stated 80% of their guests are over 50 years old and she has not received a single complaint about noise in the four years they have been operating. She stated guests often fly in and are shuttled to the units and stated this action may even free up some on-street parking spots for the neighborhood. Applicant's Rebuttal Tanima Bhadra/Stated they have enhanced the neighborhood and the garage provides the buffer space mentioned. She explained they have been parking on the street because the back house is currently being rented and their construction materials were stored in the garage. Regarding the bollard, Ms. Bhadra stated they spoke with Sean at Avista and was given approval to remove the bollard. She stated the neighbors talk of cohesiveness but stated the renters have never been invited to their neighborhood events. She stated given the age and average length of stay for visitors they don't expect a lot of cars moving around. She added they will be clear with visutors on where they need to park, and noted they are providing more off-street parking than anyone else. Ms. Bhadra stated there is nothing wrong with having a second residence and it is unfair for the neighbors to claim they won't live there. She stated they have followed all the rules and they understand this needs to be their primary residence. Questions of Staff Staff was asked about the buffer requirements for parking. Mr. Severson listed the screening requirements in AMC 18.4.4.030.F and stated this has historically been applied to parking areas next to residential units. He stated in this case it is a strip of parking spaces along an alley and just one of them is on the applicant's property. He added if the commission approves this action they should include an exception to this criteria. Ms. Harris clarified the code language that states during operation of the travelers' accommodation the property must be the primary residence of the business-owner, and also clarified for an applicant to keep their CUP active they only have to use the property as a travelers' accommodation six months out of the year. Ms. Harris clarified if an exception is going to be entertained for the space next to the garage, they should continue this hearing to the next meeting so that the action can be re-noticed with this extra component. She added another option is to give the applicant's the choice to continue with a two-unit travelers' accommodation and they would have to come back and modify the CUP for the third unit. Commissioner Dawkins noted the survey requirement still remains for the third unit as well. Commissioner Dawkins called the applicants forward and asked how they would like to proceed. Ms. Harris noted if they approve a continuance staff will need to obtain a timeframe extension. The applicants discussed the options and agreed to continue the hearing to the next meeting. Commission Discussion Commissioner Norton expressed concern with it not being clear when the property will be used as a travelers' accommodation and when it won't. Ms. Harris responded that it is not uncommon for people to use these units as long term rentals in the off season, and noted the conditions will include a requirement that only two units may be rented long term. Commissioner Brown stated the City Council voted to allow this use in the R-2 zone and there is criteria they must follow when considering these requests, He stated these uses take away from the city's long term rental inventory and that is unfortunate, but he is supportive of approving it. Commissioner Thompson stated the travelers' accommodation framework that was adopted allows this use in this location and stated it is speculative to say travelers' accommodations would have any more impact than renters. She voiced support for allowing the on-street credit and is in favor of approving the action subject to the questions that remain about the fifth parking space. Commissioner Pearce agreed and stated the criteria states "no greater adverse material affect" and this is different than no adverse affect at all. He added subject to the survey and the exception, the application meets the criteria for a conditional use permit. Commissioner Miller stated she treasures neighborhoods, but the alley provides a great buffer and she does not believe the accommodations will affect the neighborhood. She stated she understands the neighbors' concerns, but these are travelers who want to come and stay in a Ashland Planning Commission September 22, 2095 Page 4 of 5 house, not at a commercial establishment, and the location is so close to downtown the trips per day will not be as much as a regular renter. Ms. Harris announced the hearing for PA-2015-00797 will be continued to Tuesday, October 17, 2015 at 7 p.m. in the Council Chambers, 1175 East Main Street. ADJOURNMENT Meeting adjourned at 9:40 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission September 22, 2015 Page 5 of 5 CITY OF ASHLAND Council Communication October 20, 2015, Business Meeting Award of Contract with AccuSource for Background Screening Services FROM Tina Gray, Human Resources, tina.grayLy)ashland.or.us SUMMARY This Contract-specific Special Procurement is being used to award a contract for background screening services to AccuSource for a term of five years. At this time, it is in the City's best interest to contract with AccuSource for these services. This Contract-specific Special Procurement will expire on November 1, 2020. BACKGROUND AND POLICY IMPLICATIONS: A Request For Proposal (RFP) was processed in May, 2012 for background screening services and AccuSource was declared the highest ranked proposer and subsequently awarded a contract to provide background services for the City. In December, 2014 another RFP was processed for background screening services. In this instance, GIS appeared to be the overall highest ranking proposer. Unfortunately, GIS has an extensive waiting period to set up the City's account, and shortly after the account was set up, it was apparent to City staff that the service methods offered by GIS at this time are not a cohesive fit with the City's requirements for background screening services. The contract with GIS has been terminated by mutual agreement between GIS and the City. Staff is recommending a contract be directly awarded to AccuSource based on the proposal AccuSource submitted in December, 2014 in response to the City's RFP for background screening services. AccuSource has a proven track record for providing accurate and timely reporting, a user friendly online screening system and a successful track record providing background screening services for the City of Ashland. A special procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing a contracting approach, or the direct selection or award of a public contract or for a series of contracts. The attached and completed special procurement, approval request form is attached for your review and consideration. AMC 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures Page ] of 2 toryWAIM&, CITY OF ASHLAND described in ORS 279B.055, 27913.060, 279B.065, 279B.070. The contracting approach may be custom designed to meet the procurement needs. 1. Special procurements shall be awarded in accordance with ORS 279B.085 and all other applicable provisions of law. COUNCIL GOALS SUPPORTED: None. FISCAL IMPLICATIONS: Funds are budgeted for background screening services and are estimated to cost $10,000 per fiscal year. Future costs will be subject to number of new hires and volunteers. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the contract-specific special procurement be approved. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the contract-specific special procurement for background screening services with AccuSource for a term of five years. ATTACHMENTS: Form 49, Special Procurement, Request for Approval Bid Tab Page 2 of 2 CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Tina Gray, Human Resources Date: October 20, 2015 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Human Resources 2. Department Contact Name: Tina Gray 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From November 1, 2015 To: November 1, 2020 5. Total Estimated Cost: Estimate $10,000.00 +/-per FY - subject to nu nber of new hires and volunteers 6. Short title of the Procurement: AccuSource to provide Background Screening Services Supplies and/or Services or class of Supplies and/or Services to be acquired: The background screening service provider (also referred to as the "contractor") will be required to provide accurate tracking and reports and resolve open-ended cases or cases involving misinformation to the City's satisfaction. Contractor shall be responsible for the professional quality and technical accuracy of the services furnished by Contractor and without additional compensation will correct or revise errors or deficiencies per accepted criteria and/or requirements. Contractor will ensure their employees are sufficiently trained qualified and screened to ensure background screening information remains confidential and customer service remains at the highest level. Contractor will agree to hold confidential information in strict confidence. Contractor will provide the City with the results of the background screening services requested within the processing time agreed to by the contractor and the City. Contractor shall notify, via ostal mail and email the designated City contact when results are available for review. Two adverse Action Letters - When applicable the Contractor shall create two (2) Adverse Action letters per Fair Credit Reporting Act (FCRA) requirements. The first letter, accompanying a copy of the record the City received must be sent to the individual informing him/her they have 5-days to request any correction The second letter must be sent 5 business days later indicating case closure and denial of employment resulting from the lack of request of an appeal. Form #9 - Special Procurement- Request for Approval, Page 1 of 3,10/13/2015 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: An RFP was Processed in May. 2012 for background screening services and _ AccuSource was declared the highest ranked proposer and subsequently awarded a contract to provide background screening services for the City. In December, 2014 another RFP was processed for background screening services. In this instance GIS appeared to be the overall highest ranking proposer. Unfortunately GIS had an extensive waiting period to set up the City's account and shortly after the account was set up, it was apparent to City staff that the service methods offered by GIS at this time by GIS are not a cohesive fit with the City's requirements for background screening services. The contract with GIS has been terminated by mutual agreement between GIS and the City. Proposed procedure: Staff is recommending a contract be directly awarded to AccuSource based on the proposal AccuSource submitted in December, 2014 in response to the City's Request for Proposals for Background Screening Services. The written solicitation (RFP) was processed in accordance with the requirements for an Intermediate Procurement. Most importantly. AccuSource has a proven track record for providing accurate and timely reporting, a user friendly online screening system and a successful track record providing background screening services for the City of Ashland. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. The services were competitively bid. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: Contract award is based on the results of a competitive bid. The fees proposed by AccuSource were comparable (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and X (b)(i) will result in substantial cost savings to the contracting agency or to the public because: There will be a cost savings because the services were competitively bid. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or _X (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 27913.065, or 27913.070, or any rules adopted thereunder because: It is imperative that background screening services be performed to the highest professional standards and the tracking and reporting be accurate and held confidential in strict confidence. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement- Request for Approval, Page 2 of 3, 10/13/2015 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - [if approved October 21, 2015] PUBLIC NOTICE Approval of a Special Procurement First date of publication: [October 21, 2015, if approved by Council] A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on [if approved, October 20, 2015]. This Contract-specific Special Procurement alloirs the City, to tavard a contract to AccuSource for background sereening sei-i,ices. It is irnperatii,e that background screening services be performed to the highest professional standards and the tracking and reporting be accurate and maintained in a confidential manner. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 27913.055, 279B.060, 27913.065, or 27913.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Kari Olson, Purchasing Representative, 90 N. Mountain Avenue, Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on [October 28, 2015, if posted on October 21"] This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement - Request for Approval, Page 3 of 3,10/13/2015 C O •L i" ~ C O ~ ~ C C ~ O V: cc yG C ~f. 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U O x Y ~ O y0 ~ ~ _ ~ ¢ O .U-~ ~ N tJ O a) N U N x R N C o N y w c3 U' .O is W y u, V N ti LY. v, r rS ~ v~ U ca U ca U u: U] Q va U W 'D cC O~ O Q-r O cl~ U N ~i G ti O If If C I L O ~ O ~ r N O u p w I 00 00 M If. ate. M C v 6l9 (f3 ~ C/1 ~ ~ " ~ L U C C V s E C V O C C O C C C O L w C f O V L tr, C C N loc l~ N N u C C. a, O oc .M~ ry ,7" O ' C V G U O CI CI J U. C :J O O C O C C V. O L' N 1= C C C C C N ~ ~ 6~ O O yC O O C O ~j 00 00 C, U V] Efi In Y> ~ EH V u ~ v C C u ^ C C U C U. C V L a C u t L. C L S a C O ^ G ~ L U U C' V C ti ~`y C V # l O C Q' ~ O C C 65 if] S V C O 7 7 V'7 M i kr, sr3 ~ sc> En ~ _ sr: _ % ca C C N V U U~ _ W U R U R .L" _G Cl t6 tG C3 ~_"J L CAS L E~' ' L•' w (rla j Q~ (6 F ~ C.3 ~ W U V , C V W R . V C>6 ~ CJ r V G .--i L C6 V U C7 c~., L W L c.. C/' C M L m GC U C f~ U f~ M_ V cn O V C V C u v r .a C O G p' V 7 l~ r. .O 7kl C a 'L L vi G' a . C3 O O O C C' E. C M V :C L c.' GI r ^ V 7 C a ° as w U v I v I ry C. C U W U L be O E :c y w q C7 C C ^ c"I W L CL L. I > U O yi ~ Is+ U hL"~ G (n.. U U CS F-i L ~ ~ ~ U C H is u v C, U U C 'zs U a ~ ~ ~ E ~ a d C ce ~ ^o u, ~ p L r a C i. U u C ~ p ~ L a u t V1 p ~ _ 1-. .1` C C N ) p U V cU1 u , C O U m ' fs. m i V1 O 0. v r ~ ^Y y U 6 V a W J CG W Q O x Cq r C ! O v, u ~ O O O N M ~ •u ci C L s"" O U U ~i CITY OF ASHLAND Council Communication October 20, 2015, Business Meeting Appointment to Climate and Energy Action Plan ad hoc Committee FROM: Diana Shiplet, Executive Assistant, City Administration, diana.shiplet@ashland.onus 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 Claudia Alick to the committee. 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 Claudia Alick to the Climate and Energy Action Plan ad hoc Committee. ATTACHMENTS: None. Page 1 of 1 CITY OF ASHLAND Council Communication October 20, 2015, Business Meeting Approval of a public contract exceeding $100,000 for Internet Bandwidth FROM Mark Holden, director of IT and electric utility, mark.holden(a]ashland.or.us SUMMARY This is a request to approve awarding a contract for internet bandwidth for a term of two years with the option to renew the contract on an annual basis for up to three additional years for a maximum term of five years. The total contract value exceeds $100,000 and therefore requires Council approval per AMC 2.50 070(A)(1). The contract results in both an increase in internet bandwidth and a reduction in internet bandwidth costs. BACKGROUND AND POLICY IMPLICATIONS: Demand for Internet: The demand for Ashland Fiber Network's (AFN) internet bandwidth continues to grow. Demand for internet is driven by rapidly expanding internet based video services (e.g. Netflix, Hulu, YouTube, Facebook, video conferencing, etc.), the need for customers to connect and share information (personal/gaming, businesses, medical facilities, etc.), and the internet of things (e.g. mobile technology, smart homes, etc.). In order to continue to meet the demand and successfully compete against the large national incumbent for customers, AFN needs to increase its internet bandwidth. Cost Reduction: AFN has adopted a carrier approach to obtaining internet connectivity. The carrier approach allows AFN to participate in higher capacity connections and more aggressive wholesale costs. A reduction in costs facilitates AFN's financial success. Approval of the contract for internet bandwidth provides both the needed capacity and cost savings. The sourcing method used to acquire these services is a formal Competitive Sealed Proposal (Request for Proposal). Section 2.50.080 Formal Processes - Competitive Sealed Bidding and Proposals Except as otherwise expressly provided herein, in addition to the requirements of the Model Rules and the Oregon Public Contracting Code: C. The Local Contract Review Board shall approve the award of all contracts for which the Ashland Municipal Code or the Oregon Public Contracting Code require formal competitive solicitations or formal competitive bids. Page I of 3 CITY OF -ASH LAN D Section 2.50.070 Public Contracting Officer Authority A. Except as otherwise provided by this code, the Public Contracting Officer shall have authority to: 1. Purchase and contract for all materials, supplies, equipment, services and public improvements for which funds have been appropriated by the City Council and the contract price does not exceed $100,000; COUNCIL GOALS SUPPORTED: 17. Market and further develop the Ashland Fiber Network. 17.1 Complete and implement the AFN business plan. FISCAL IMPLICATIONS: The total value of the contract (if renewed for the full five-year term) is $828,000. Funding for BN 2015-2017 is in the current, approved budget. Funding for the renewals will be reviewed and approved as part of the biennial budget process. The contract can be canceled on any of the renewal anniversary dates (end of years two, three and four). The Ashland Fiber Network adopted BN 2015-2017 budget for internet bandwidth is $558,000. The proposed contract will reduce internet bandwidth costs in BN 2015-2017 to $354,046 a reduction of $203,954. The current internet connection operates at 2.5 gigabits per second (Gbps; one Gbps = 1,000 megabits per second). The proposed contract provides a 10 Gbps connection to the internet, a fourfold increase in capacity. This connection is projected by staff to be sufficient bandwidth capacity to support new applications and customer usage over the term of the proposed contract. As of result of the recommended contract both the City's cost of bandwidth will decrease ($203,954 in BN 2015-2017) and the City will receive an approximately fourfold increase in bandwidth capacity (2.5 Gbps to 10 Gbps). EVALUATION PROCESS: The City mailed the Request for Proposal (RFP) to sixteen prospective proposers. Four proposals were received in response to the RFP by the deadline. The proposals were scored by a three-member evaluation committee in accordance with the evaluation process and criteria established within the RFP. Scoring allowed for one hundred possible points. Evaluator's scores were very consistent and final rankings of the proposals were unanimous. Upon the completion of the evaluation process, Hunter Communications was declared the highest ranked proposer. Century Cogent Hunter Spectrum Proposer Link Communications Communications Business Evaluator 1 88 71 90 75 Evaluator 2 89 73 96 79 Evaluator 3 88 75 93 79 Total 265 219 279 233 Page 2 of 3 W`, CITY OF ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the contract for internet bandwidth be awarded to the highest ranked proposer, Hunter Communications. SUGGESTED MOTION: I move approval of a contract between Hunter Communications, Inc. and the City of Ashland for internet bandwidth in the amount of one hundred sixty-five thousand six hundred dollars ($165,600) per year for a maximum of five years. ATTACHMENTS: RFP - Internet Bandwidth Evaluation Summary Page 3 of 3 ILTALAR x N ~n l~ c~ ~O 'n u C R ti N 'S c~ O 'n 01 r R y CL cy 7t r N ~n r- ~ 't r p en kr) v) 00 d' 00 N , _f) fn N ti 7 c~ j Vl c0 ~Y 00 N 'v O V L u .Z oc Oz N kr) oc Cl) 00 N G1 z CQ/] H o oo v v cn t n r O A r C X03 Ern "a Br Z N n n n v - o r Q un O W CQ H L~ z en O ~ ti N N ,N-i 00 x a GO ~n rry, c\1 Vr -t kn c oc O ti O I- N r c3 C O kn M O 3 N V: co M oo N ;y O U Or ti O cy'S M u r p F ) ti t u u ^ CL C p 4j 44 8 u a u p M GL v: u L bG C C] CC R V_ _ O 7 R m ~.L m L O p u s W •L > R d F_ a c o a u a " L U?~ c ao~ bu a ° v tit U Z C-i ~ ~ ~ _ p p u ~ u C y per. Q ~ y L u u bL C O u~ R C/] O~ f v C R C t~ v U~ ~ C ~ V CD w m^ c u C v V. u^ u ,0 O 41 C~ e o L . c cu y m o a ..w v C R bL c 0 CL i" ~0 +L., p u G y u bL O O C y C ,a O^ h R r.+ r ~'L y u O O " w N M V b r 07 ,.y CITY OF ASHLAND Council Communication October 20, 2015, Business Meeting Approval of a public contract exceeding $100,000 for repairs at Reeder Hydro FROM Mark Holden, Electric & IT Director, mark.holden@ashland.or.us SUMMARY The City's intent is to award a contract for repairs, refurbishment and upgrades to the Reeder Gulch hydro electric generator control valves and hydraulic high pressure control unit. BACKGROUND AND POLICY IMPLICATIONS In December 2014, a trace amount of oil was found in the hydro plant effluent. Upon analysis the oil was determined to be coming from the hydro plant control valves. The hydro plant was taken off-line while solutions were developed. The recommended contract implements the solution. The sourcing method used to acquire these services is a formal Competitive Sealed Proposal (Request for Proposal). The City received five proposals from four proposers in response to this RFP. The proposals were evaluated and scored by a three-person evaluation committee in accordance with the requirements and evaluation criteria established in the RFP. Upon completion of the evaluation process, Canyon Industries, Inc. was declared the highest ranked proposer. The evaluation summary showing the consensus evaluators' score is attached for your review. Section 2.50.080 Formal Processes - Competitive Sealed Bidding and Proposals Except as otherwise expressly provided herein, in addition to the requirements of the Model Rules and the Oregon Public Contracting Code: C. The Local Contract Review Board shall approve the award of all contracts for which the Ashland Municipal Code or the Oregon Public Contracting Code require formal competitive solicitations or formal competitive bids. Section 2.50.070 Public Contracting Officer Authority A. Except as otherwise provided by this code, the Public Contracting Officer shall have authority to: 1. Purchase and contract for all materials, supplies, equipment, services and public improvements for which funds have been appropriated by the City Council and the contract price does not exceed $100,000; COUNCIL GOALS SUPPORTED N/A FISCAL IMPLICATIONS The contract is a maximum of one-hundred fifteen thousand dollars ($115,000). The cost is included in Page I of 2 ~r, CITY OF ASHLAND the current approved Electric Department budget. Though not anticipated, additional work orders may be required after full hydro valve and hydraulic high pressure unit disassembly has occurred as part of the repair process. If necessary, work orders above the authorized amount will be brought to Council for approval. STAFF RECOMMENDATION AND REQUESTED ACTION Staff recommends the contract for repairs to Reeder Gulch hydroelectric generator be awarded to the highest ranked proposer, Canyon Industries Inc. SUGGESTED MOTION I move approval of a contract between Canyon Industries Inc. and the City of Ashland for repairs, refurbishment and upgrades to the Reeder Gulch hydro electric generator in the amount not to exceed one-hundred fifteen thousand dollars ($115,000). ATTACHMENTS Reeder Gulch Hydroelectric Project RFP evaluation summary. Page 2 of 2 Imo, ^a a~ ,a L. R u Q M l c~ O C GTa p p vi 6~ O Vl V) Vl N O N .N-i ~ L W c O O o 0 0 Ca O ~ M N m CA c ~ O ~ w u C.i ce o 00 ~ o ~ ~n t~ ~ en 'a F" a~ O y ~ i D1 Q 64 ~ ~ C a> F^ L O Cy R ~n C. ~ ^C G. W o o a ~ ~ N ~ c~ oo cC ~ v w ~ o o a v, •O O 01 kn M Ln r) GW] C C, n c~ Cl n M o C O n V C y N L. --c*1 O O O vl l 0 0 C 00 O ~ Q O CD l~ O O o a v i o o kn Wn Wn in d .--CD ol oc u_ ~q r,9 s9 cy9 69 ° C ~ cl, cl~ y0 W U V U y O Ep v Or v O ~ a0i O ~ O i ~ U v' ~ ai U 0. "O O C7 w 0. G' Li. O s.. f--+ C~ O' cn vRi 'Q s.. R di O cn O 'U a5 cr C.) J o 'Y a~ ~ c c n. c i. Y 4. • cn U Y O cC r. O y CJ O `n. O O ca cm O W C z3 z U 0./ Cia COc, ,.R„ O U R O O O O O E. C75 L) HF V] a a] Cn UUUA U U0. UZ~U CITY OF ASHLAND Council Communication October 20, 2015, Business Meeting Resolution to Transfer Control Related to the Cable Franchise FROM: David Lohman, City Attorney, lohmand@ashland.or.us SUMMARY: Federal law and Section 15.2 of the City's Cable Franchise Agreement authorize the City to review any proposed transfer of control and authorizes the City to condition approval of a transfer it deems reasonably appropriate. Adoption of this resolution approves the transfer of control with conditions. BACKGROUND AND POLICY IMPLICATIONS: Falcon Cable Systems, a subsidiary of Charter Communications is the Franchisee under a Cable Franchise Agreement approved by the City of Ashland in 2004. In early July, 2015 the City received notification from Charter that they have entered into agreements with Advance/Newhouse Partnership ("A/N") (the parent company of Bright House Networks ("BHN")), Time Warner Cable Inc. ("TWC") and Liberty Broadband Corporation ("Liberty"). Under the Agreement, A/N, TWC shareholders and Liberty will acquire minority ownership interest in New Charter and Charter Communications will merge into a subsidiary of New Charter. New Charter will then assume the name Charter Communications, Inc. The transactions described above technically transfer control of the current Franchise. Adoption of this resolution approves the proposed transfer of control of the current Franchise with the following conditions: 1) that the transaction is consummated as described in the Form 394 of the Federal Communications Commission with no substantial change, 2) that the Franchise is in compliance with the franchise terms at the time of the transfer of control and corrects any known violations prior to the transfer, 3) the Franchise, before and after the closing of the transaction, shall remain bound by the lawful terms and conditions of the Franchise. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: N/A Page I of 2 V CITY OF ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the resolution. SUGGESTED MOTION: N/A ATTACHMENTS: 1. Resolution Consenting to the Transfer of Control Related to the Cable Franchise Falcon Cable Systems 2. Letter from Charter Communications Page 2 of 2 RESOLUTION NO. 2015 - A RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL RELATED TO THE CABLE FRANCHISEE FALCON CABLE SYSTEMS COMPANY II, L.P., WITH CONDITIONS WHEREAS, Falcon Cable Systems Company II, L.P., a subsidiary of Charter Communications, Inc. ("Charter"), is the Franchisee under a Cable Franchise Agreement approved by the City of Ashland (the "City") dated February 5, 2004; and WHEREAS, the City granted several extensions to the term of the Franchise Agreement, all of which have expired without renewal of the franchise; and WHEREAS, on May 23, 2015, Charter, with its subsidiary CCH I, LLC, entered into agreements with Advance/Newhouse Partnership, the ultimate parent company of Bright House Networks, LLC., Time Warner Cable, Inc., and Liberty Broadband Corporation; the purpose of these agreements being to effectuate the acquisition of Bright House Networks LLC, and a merger with Time Warner Cable Inc., in which Advance/Newhouse Partnership, Time Warner Cable Inc., and Liberty Broadband Corporation will acquire minority ownership interests in Charter (hereinafter the "Transaction"); and WHEREAS, on July 2, 2015, the City received a Federal Communications Commission Form 394 Application by which Charter requested approval from the City of the Transaction; and WHEREAS, Federal law and Section 15.2 of the Franchise authorize the City to review any proposed transfer of control, including the proposed Transaction as described in the From 394 Application; and WHEREAS, Section 15.2.6 of the Franchise also authorizes the City to condition approval of a transfer upon such terms and conditions as it deems reasonably appropriate within the legal, financial, and technical framework provided by the Franchise; and WHEREAS, the City has reviewed the materials provided by Charter in the Form 394 Application and the City deems it to be in furtherance of the public interest and the welfare of its citizens to consent to the Transaction, subject to appropriate conditions. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Consent to the Transfer of Control. To the extent the Cable Franchise Agreement granted to Franchisee remains in effect, the City of Ashland hereby consents to the transfer of control as set forth in the Federal Communications Commission Form 394 submitted by Charter Communications, Inc., subject to the conditions set forth in Section 2, below. SECTION 2. Conditions to the Transfer of Control. Resolution No. 2015- Page 1 of 2 The approval of the proposed transfer of control shall not take effect until such time as each of the following conditions is met: I. The Transaction is consummated as described in the Form 394 Application with no substantial change in the terms and conditions as described therein. 2. The Franchisee is in compliance with the franchise terms at the time of the transfer of control and corrects any known violations prior to the transfer. 3. The Franchisee, before and after the closing of the Transaction, remains bound by the lawful terms and conditions of the Franchise. SECTION 3. Effective Date. This resolution was duly PASSED and ADOPTED this day of October, 2015, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of October, 2015. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Resolution No. 2015- Page 2 of 2 ' I Q M i 1 UNIarter CA"tIQPS 7ttly1,2015m~ C JUL ~ 2 2015 Mr. Dave Kanner City Administrator-City of Ashland 20 East Main Street Ashland, OR 97520 i Re: Charter Coann unications, lnc. I Dear Mr. Kanner: On May 23, 2.015, Charter Communications, Inc- ("Charter Conununieations") and its subsidiary CCH I, LLC ("New Charter") entered into agreements with Advance/Newhouse Partnership ("A/N") (the parent company of Bright House Networks, LLC ("BHN")), Tune Warner Cable Inc. ("TWC"), and Liberty Broadband Corporation ("Liberty") (collectively "the Agreements") to merge with TWC and to acquire cable systems currently operated by BHN. Under the Agreements, AIN, TWC shareholders, and Liberty will acquire minority ownership interests in New Charter, and Charter Communications will merge into a subsidiary of New Charter. New Charter will then assume the name Charter Communications, Inc. ("Charter"). l hcse agreements will not impact the entity that holds the cable franchise in your community. Both before and after the transaction is complete, the sannc subsidiary of Charter will continue to provide service to the customers in your community. However, as Charter Communications will merge with a subsidiary of New Charter, the transactions may technically result in a pro fornsa transfer of control and therefore we are notifying you of this change. The majorityof Ch;~rter's Board of Directors and its management will not change as a result of the transactions and there will be no change, in actual working control.. hi; series of transactions offers the unique opportunity to combine the resources of Charter with these other two leading j cable companies under the banner of one company. Upon completing these transactions, Charter will become the € nation's second largest cable company. With the additional size and scale that will result, Charter can compete Whore, effectively and continue investing in the development and delivery of industry leading voice, video, and data products that customers in your community have come to enjoy. You are not required to take action on this application. If you determine that consent is necessary under the terms of your franchise, we have provided all relevant information for your review using the Federal Communications 1 Commission's ("FCC") Form 394. According to the FCC's rules, you have a maximum of 120 days from the date you receive this information to review all mtterials and to take any action you deem necessary (please note that your franchise terms may specify a shorter time frame). Should you choose to act, we have enclosed a draft resolution to expedite the consent process. If you believe consent is necessary, we request that you place a consent resolution on your agenda at your earliest convenience, and that yew inform use or your local Charter representatives when you intend to consider the matter. Again, you are not required to take action, and in such case consent will be deemed granted upon the expiration of the 120-day review period. All of us at Charter are excited about continuing to serve your conununity. If you have any questions please give me a call at 202.621.1910, send an email to adamfalk-evt a,charter.com, or send a facsimile to 202.733.5960. Sincerely, r~l`t"tom------ Adam E. Falls Senior`Vice President, State Government Affairs Charter Communications 198B.GET.CHARTER 1101x9 New Ynrk AvPnua NW quite Rsn CITY OF ASHLAND Council Communication October 20, 2015, Business Meeting Application for Oregon Watershed Enhancement Board Grant FROM: Chris Chambers, Forest Division Chief, Fire Department, chamberc a ashland.or.us SUMMARY Ashland Fire & Rescue is seeking Council approval for the City to be the prime applicant on a State of Oregon Watershed Enhancement Board grant that will fund forest restoration and fiiels reduction within a 52,000 acre footprint in and surrounding the Ashland Creek Watershed. This effort augments the already funded Ashland Forest Resiliency project with up to $1 million per fiscal year for up to three biennia of additional funds that will primarily target private property owners. Grant match will be satisfied by federal funds and the newly created Ashland Forest Resiliency utility charge. BACKGROUND AND POLICY IMPLICATIONS The Ashland Forest Resiliency project team identified a 52,000 acre project area that includes the current AFR project outline and the entire upper Ashland Watershed. The expanded area takes in a realistic landscape given the scale of present day wildfires, much of which is private property that could deliver fire to our watershed and community. Just over 1,000 acres of private land in the expanded footprint have been funded through the Natural Resource Conservation Service. Through the State of Oregon, this grant offers funds to restore and enhance watershed conditions, including dry forest types like ours. The program offers up to $1 million per fiscal year for three biennia. This would augment the City's efforts to protect the integrity and safety of the municipal watershed and the community through targeted work primarily on private property. The grant would be managed by the City within the existing Ashland Forest Resiliency Partnership's operating framework. COUNCIL GOALS SUPPORTED • Protect the integrity and safety of the watershed. • Prepare the community for natural and human-made disasters. • Support innovative programs that protect the community. • Prepare for the impact of climate change on the community. FISCAL IMPLICATIONS The grant requires matching funds that will be satisfied by a combination of existing federal, City, and private landowner funds. No additional City funding is required. Through the grant, the City will be eligible for overhead expenses and will also propose part-time administrative assistance specific to this grant. STAFF RECOMMENDATION AND REQUESTED ACTION Staff recommends Council authorize Ashland Fire & Rescue to apply for the Focused Investment Page 1 of 2 ~r, CITY OF ASHLAND Partnership grant. SUGGESTED MOTION I move to authorize Ashland Fire & Rescue to apply for the Oregon Watershed Enhancement Board Focused Investment Partnerships grant program. ATTACHMENTS OWEB Focused Investment Partnerships Grant overview Page 2 of 2 t 14 ZCat Oregon Watershed Er emend Bard Focused kwestrnerhl Partierstrps - a ; Fine.. Search about Us Focused Investment Partnerships contact us QWEB Forms The So liaz on for OWES Focused Investment Partnerships is now open. For information about applying far Focused kvvestment Parmaship funding, click hen. Resources A Focused Investment Paitnership is an OWEB investment that. Addresses a Bceard-idenfif€ed Focused Investment Priority of s€grificarce to the state; Acfueves clear and measurable ecrafogicaf mttccames; uses integrated,. rzsuts-or tented approaches as idend red through a st€ategfic action ptanr Is irnptemented by a high-performing partnership More about Focused Investment Partnerships In 4pn 2005, type Board approved Focused Investment Partnership Pri€arities for the 2015-2017 tmernfum. The Focused Investment Partrrerstup staff repcart from the A.pO 2015 Board meetirrg is available here- Priorities for 2015-2€417 are. - Sage -Steppe Habit rdf moo Coho Habitat and Populations Along the Oregon Coast cdf mac. . Oregon Closed Lakes Basin Wetlands Habrrtat pcf rr;3v . Aquatic Habitat for Native Fish Sperms Ddf map Dry-Type fic rest Habitat rdf map . Coastal Estaearies in Oregon pdf map . Oak Woodland and Prarrie Habitat pa" map Ckk here for nrforma Won about the priority setting process. U rder FEace:+sed Investment Partnership Capacity-Building funding, partnerships va[l be able to apply for technical assistance to devercp a strategic action plan (see guidance below) for their partnership or build their capacity W partner at a higF-performing leva i- I the partnership is already established and has an exist rig strategic action plan, the partnership will be able to apply for Focused Investment Partnersftp Implementation funding. If a partnership wants to be considered for OWEB Implementat tan funding, it will need, ta submit a completed strategic action plan (see guidance below) wch a Focused Investment Partnership Program application. For quest errs aN3U Focused Investment program funding, contact Renee Davis at renee.davis(aoweb.state.or.us. Solicitation Process for Focused Investments Partnerships Application materials and deadlines are available below for Capacity-Building and Implementatrcr funding- Qwacitv-Building Implementation tapa-4~-Eule,a Letter c* Int=_nt Guidar..e GLi'darre for Peauired Pre-Application Consulta5on Due -7/1/2015 To be cnrn,pteted by 5/20j2Fa15 Caraci-y-Buildlna F0 A,,oration Imoiemanta^en Phase I Acoiicafmr Due 11,12/2015 Due 711/2025 . Caned„-Buidl.noFif pppl`ca@at Budget I_na'Pm~n~a['e~ P4-sa i Aop i"ti-^n u-tions Due llr24G2015 Imoler-remtation Phase II Aop!icatlon C2raci"y-5u14ma F'! Arrfication Instructions Due 1IM2015 Uck here for example high-level evaluation criteria to be used during Focused Investment Partbsersh-ip review process- As Part of its Focused Investment Partnership program process, OWES is requiring each partnership to have a ssategic action p=an. In devefoping a new strategic action plan, partnerships must address alt components of the plan template. If your partnership already has one relevant, current, published plan, use Lie template as a reference to ensue that you account for any missing requcred components- The OWffi Board wilt lurid: Implementation proposals for up to six years. Your strategic action plan soil! cover a specific geography and, shoutd be small enough to be completed withim that timetrame. However, if you plan covers an area too large to be completed in six years., your appFraatrom W OWES should address a smaller portion of the `brig picture-' Subsequent Focused Inwestment Partnership application subrn"ssiors could address remamning areas for s -niar recovery actions. Rte strategic action plan nicest cover the entOr-e area fire parmers" nsstend's In address tong Perm- The Focused Investment. Partnership focus area for which you subrecit an application will tkety cons itute one portion of the area in the strategic action plan. OVVEB staff are avafiaWe to help you and your partrners understartd bre processes for the strategic action plan and Focused Investment Partnership funding- If you have questions about the strategic action plan, contact Wendy Hodson at wendy.hudson@state.or.us. . Components of a Strategic Action Plan Template MpA--sxegxt.9-KM Mai-_px ICS CITY OF ASHLAND Council Communication October 20, 2015, Business Meeting Approval of a Change Order in Excess of 25% for the Plaza Upgrades FROM: Scott A. Fleury, Engineering Services Manager, Public Works/Engineering, fleurys@ashland.or.us SUMMARY Council is asked to approve a change order in excess of 25% for work required to complete the Plaza upgrades design. BACKGROUND AND POLICY IMPLICATIONS: Covey Pardee Landscape Architects were awarded the Plaza design upgrade project through an informal section process. The scope of work required Covey Pardee to develop design improvements including a permanent fence, above ground pots and additional plantings. As requested by Council the final design was presented before them for approval with the first meeting occurring on August 4, 2015. At that time a decision on the design was postponed until the August 18, 2015, meeting. At the August 18 meeting Council discussed the fence and plantings. No final decision was reached as the Historic Commission asked Council for an opportunity to review and provide appropriate comments on the final design. The Council approved the Historic Commission request to review and comment on the Plaza improvements. The Historic Commission reviewed the design and provided the Council with comments. Subsequently at the September 14, 2015, study session the Council again reviewed the design and approved it with changes. The changes including the fence system be changed from permanent to a removable and replaceable installation. Council determined the fence should stay in place for a two years plant establishment period. Covey Pardee made the appropriate design changes to the fence with the assistance of a structural engineer to verify appropriate loading. In addition, Covey Pardee made changes to the landscape plan as well. Due to these additional meetings and work effort Covey Pardee has requested a contract amendment to increase the original contract from $3,800 to $6,500. The available monies will also cover inspection time for installation of the fence, pots and plantings. City staff has the ability to approve contract amendments up to a 25% maximum. After the 25% threshold is reached the City Council is required to approve additional monies for contractual obligations. Schedule Staff has sent out the fence construction documents in order to obtain a bid and award a contract for its construction. The fence bid documents require the fence to be constructed and installed by November 20, 2015. Staff has also ordered the three pots as specified by the design. With respect to the plantings, Page I of2 F CITY OF ASHLAND Covey Pardee have recommended due to the late timing no additional plantings should occur until spring of 2016. Staff will bid the planting portion of the project in spring. FISCAL IMPLICATIONS: The additional funds will come from available transient occupancy tax (TOT) monies. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the contract amendment with Covey Pardee for an additional $2700.00, as this work was required by Council. SUGGESTED MOTIONS: I move approval of a contract amendment with Covey Pardee for an additional $2700.00 for work associated with the Plaza upgrades. ATTACHMENTS: • Contract Amendment Form 410 • Covey Pardee Memo Page 2 of 2 I , r FORM#10 CITY OF CONTRACT AMENDMENT APPROVAL REQUEST FORM Request for a Change Order Name of Supplier / Contractor 1 Consultant: Covey Pardee Landscape Architects Total amount of this contract amendment: Purchase Order Number:12748 Title / Description: Plaza Landscape and Hardscape Improvements $2700.00 ® Per attached contract amendment Contract Amendment Original contract amount $3800.00 100 % of original contract Total amount of previous contract amendments $0.00 % of original contract Amount of this contract amendment $2700.00 71.1 `Yo of original contract TOTAL AMOUNT OF CONTRACT $6600.00 171.1 % of original contract In accordance with OAR 137-047-0800: 1) The amendment is within the scope of procurement as described in the solicitation documents, Sole Source notice or approval of Special Procurement. 2) The amendment is necessary to comply with a change in law that affects performance of the contract. 3) The amendment results from renegotiation of the terms and conditions, including the contract price, of a contract and the amendment is advantageous to the City of Ashland, subject to all of the following conditions: a) goods and services to be provided under the amended contract are the same as the goods and services to be provided under the unamended contract; b) The City determines that, with all things considered, the amended contract is at least as favorable to the City as the unamended contract; c) The amended contract does not have a total term greater than allowed in the solicitation document, contract or approval of a Special Procurement. An amendment is not within the scope of the procurement if the City determines that if it had described the changes to be made by the amendment in the procurement documents, it would likely have increased competition or affected award of contract. Contract amendment is within the scope of procurement: YES X NO" (If "NO", requires Council approval 1 Attach copy of CC.) Sourcing Method: SMALL PROCUREMENT - Less than $5,000 INVITATION TO BID or COOPERATIVE PROCUREMENT, QRF or ❑ "YES", the total amount of contract and cumulative REQUEST FOR PROPOSAL EXEMPTION PURSUANT TO AMC 2.50 amendments $6,000. ❑ "YES", the total amount of cumulative amendments ❑ "YES", the total amount of original contract and ❑ If "NO", amount exceeding authority requires s 25% of original contract amount or $250,000 cumulative amendments s $100K for Goods & Services, s Council approval. Attach copy of Council whichever is less. $75K for Personal Services, < $50K for Attorney Fees. Communication. ❑ If "NO", amount exceeding authority requires ❑ If "NO", amount exceeding authority requires Council ❑ Exempt -Reason: Council approval. Attach copy of Council approval. Attach copy of Council Communication. PERSONAL SERVICES Communication. ❑ Exempt -Reason: ❑ "YES", Direct appointment $35,000 ❑ Exempt- Reason: - ❑ If "NO", requires approval. INTERMEDIATE PROCUREMENT SOLE SOURCE EMERGENCY PROCUREMENT Goods & Services - $5,000 to $100,000 ❑ `YES', the total amount of cumulative amendments ❑ Written Findings: Document the nature of the Personal Services - $5,000 to $75,000 25% of original contract amount or $250,000 emergency, including necessity and circumstances ❑ "YES", the total amount of cumulative whichever is less. requiring the contract amendment amendments 25% of original contract amount. ® If ❑ If "NO", amount exceeding authority requires ❑ Obtain direction and written approval from City "NO", amount exceeding authority requires Council Council approval. Attach copy of Council Administrator approval. Attach copy of Council Communication. Communication. ❑ If applicable, attach copy of Council Communication ❑ Exempt - Reason: ❑ Exempt -Reason: ❑ Exempt -Reason: SPECIAL PROCUREMENT INTERGOVERNMENTAL AGREEMENT ❑ "YES', the total amount of original contract and cumulative amendments are ❑ 'YES', the original contract was approved by City Council. within the amount and terms initially approved by Council as a Special Provide date approved by City Council: (Date) Procurement. If "NO°, Council approval is required. Attach copy of Council Communication. ❑ If "NO", amount exceeding authority requires Council approval. ❑ Contract amendment approved and signed by City Administrator. Attach co of Council Communication. Project Number 2014-09 Account Number 110.01.02.20.00.604100 Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Attach extra pages if needed. Employee Signature: Department Head Signature: (Total amount of contract ? $5,000) City Administrator: (Equal to or greater than $25,000 or 10%) Funds appropriated for current fiscal year: YES / NO Finance Director (Equal to orgreaterthan $5,000) Date Comments: Form #10 - Contract Amendment Approval Request Form, Request for a Change Order, Page 1 of 1, 10/14/2015 East Van 8, Ashiam , OED'37~~2"J E41 552 L£15 d g g dsaue~r 4 -t - i, 1A DS r_P_ October 14, 2015 Scott A. Fleury, Engineering Services Manager City of Ashland, Public Works 20 East Main Street Ashland, OR 97520 Re: Plaza Island Landscape and Hardscape Improvements - Construction Documents To whom it may concern: The purpose of this correspondence is to request an addition to our fee for the above named project. We entered into a contract to prepare construction documents for the Plaza Island Landscape and Hardscape Improvements project in February, 2015. This project began as an Ashland Beautification Committee project, during which the schematic design was completed and approved. We met with City staff on July 9, 2015 to review the completed Final Design Plans (construction documents) and Preliminary Opinion of Probable Construction Cost. At this time, our work was essentially complete. The following is a breakdown of our efforts from this point forward. • At the end of the City Council meeting on August 4, 2015, the plaza project was continued. • At the end of the City Council meeting on August 18, 2015, the plaza project was again continued. During this meeting we were asked to consider changes to the planting design, rail/fence design, and the selected planter pots. • Following the City Council meetings we provided additional information to staff regarding the planter pot selection and selected plantings. • On September 14, 2015 we attended a City Council study session to review the project. At this meeting we were directed to modify the planting design and to make changes to the rail/fence design including color and installation. Council directed that the rail/fence be redesigned so that it could be removed and reinstalled as needed. • Following the City Council study session, we contacted a local engineer for support in the redesign effort, specifically for input on the rail/fence mounting detail and specification. With this information, we revised the layout, details, and specifications for the rail/fence, and revised the planting design. The additional time spent for the meetings, coordination, and revisions described above, is twenty- seven (27) hours. We are requesting an addition of $2,700 to our contract. This additional fee will cover the cost of the structural engineer we consulted with for the redesign effort. Respectfully, Alan Pardee Covey Pardee Landscape Architects CITY OF ASHLAND Council Communication October 20, 2015, Business Meeting Approval of Quitclaim Deeds to Terminate Public Pedestrian Access Easements FROM: Scott A. Fleury, Engineering Services Manager, Public Works, fleurys@ashland.or.us SUMMARY The Council is asked to approve quitclaim deeds in order to remove existing pedestrian access easements across three residential properties and the Birchwood subdivision open space. As required by ORS 221.727 the City Council must approve relinquishment of any deed restrictions in favor of the public. BACKGROUND AND POLICY IMPLICATIONS: Engineering staff was contacted by the property owners for 400, 410 and 420 Clay St. respectively to consider terminating an existing pedestrian access easement across their properties. The easement is ten feet wide and was dedicated on officially recorded Partition Plat, P-10-2002. Staff discussed the option of removing the pedestrian easement via quitclaim with the Planning Department in order to determine the proper steps for removal of a planning requirement. The pedestrian easement was a requirement of previous planning action approval for the partition plat at 400 Clay St. The Planning Department determined the appropriate steps were to file for removal of the pedestrian easement as a new planning action. In the discussion it was also determined that planning would work with the Birchwood homeowners association in order to combine their pedestrian easement quitclaim into one planning action. The Birchwood pedestrian easement is dedicated on the Birchwood planned community map, survey number 16178 in the office of the Jackson County Surveyor. This type 1 planning action was reviewed by staff, publicly noticed for public comment and subsequently approved by the Planning Director on December 12, 2014. The notice of final decision and findings and orders that approved removal of the pedestrian easements are included with this staff report as an attachment. In addition to working with the Planning Department, staff contacted specific members of other city departments to garner their opinion of terminating the easement. No opposition to removal of the pedestrian easement was generated. It was determined the existing sidewalk along Clay St. connects to Ashland St. creating a continuous pedestrian walkway for residents of that section of Clay St. There is also an existing pedestrian connection to McCall Dr. from Birchwood Lane for pedestrians to utilize as well and a future alley connection between McCall Dr. and to the intersection of Engle and Villard streets, providing overall adequate pedestrian and bicycle facilities in that area. Page 1 of 2 Ir, CITY OF -A5 H LAN D FISCAL IMPLICATIONS: There are no fiscal implications of this action other than expended staff time. All document preparation and recording fees will be borne by the property owners. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the attached quitclaim deeds which would remove the pedestrian access easement that was dedicated to the City, on partition plat P-10-2002 and 16178. SUGGESTED MOTION: Move to approve the four attached quitclaim deeds which will terminate a public pedestrian access easement granted to the City in 2013, on partition plat P-10-2002 and 16178 ATTACHMENTS: 1. Planning Commission Notice of Final Decision, December 12, 2014 2. Trunnell Quitclaim Deed 3. Siple Quitclaim Deed 4. Wildman Quitclaim Deed 5. Birchwood's at Ashland Homeowners Quitclaim Deed 6. Partition Plat Map P-10-2002 7. Birchwood Planned Community Map 16178 Page 2 of 2 f_ CITY OF ASHLAND December 12, 2014 Notice of Final Decision On December 12, 2014, the Community Development Director approved the request for the following: Planning Action: 2014-01795 Subject Property: 400, 410, and 420 Clay Street and Tar Lot I ICC 9800, between 2133 & 2141 Birchwood Lane. Applicant: Gregg & Adrienne Trunnell i i Description: A request for modification of Minor Land Partition (PA 42002-001) to allow the removal of a previously required ten-foot Public Pedestrian Easement for'. the properties located at 400, 410 and 420 Clay Street. In conjunction with the request, the requirement for a Ali similar, connected Public Pedestrian and Bicycle Easement to the south, between 2133 Birchwood Lane and 2141 Birchwood Lane, would also be removed with the modification of the Birchwood Subdivision's Outline Plan approval (PA #1998-00059). (Approval of this request would remove the land use requirements for these easements the property owners involved h would still need to pursue formal vacation of these public easements before the City Council) COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAY: 39 IE 1 ICC TAX LOTS: 200 & 800. The Community Development Director's decision becomes final and is effective on the 13`h day after the Notice of Final Decision is mailed. Approval is valid for a period of one year and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Community Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. Prior to the feral decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.108.070(R)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.108.070(B)(2)(c). The ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be made directly to the Oregon Land Use Board of Appeals.` If you have any questions regarding this decision, please contact Derek Severson in the Community Development Department at (541) 488-5305. Cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winbum Way t=ax, 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us SECTION 18.108.070(B)2 Effective Date of Decision and Appeals. B. Actions subject to appeal: 2. Type I Planning Actions. a. Effective Date of Decision. The final decision of the City for planning actions resulting from the Type I Planning Procedure shall be the Staff Advisor decision, effective on the 13th day after notice of the decision is mailed unless reconsideration of the action is approved by the Staff Advisor or appealed to the Commission as provided in section 18. R08.070(13)(2)(c). b. Reconsideration. The Staff Advisor may reconsider Type I planning actions as set forth below: i. Any party entitled to notice of the planning action, or any City Agency may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no fault of the party asking for reconsideration, which in the opinion of the staff advisor, might affect the decision- Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity to respond to. the issue prior to making a decision. H. Reconsideration requests shall be received within five (5) days of mailing. The Staff Advisor shall decide within three (3) days whether to reconsider the matter. ' iii. If the Planning Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten (10) days to affirm, modify, or reverse the original decision. The Staff Advisor shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. iv. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. c. Appeal, i. Within twelve (12) days of the date of the mailing of the Staff Advisor's final decision, including any approved reconsideration request,'the decision may be appealed to the Planning Commission by any party entitled to receive notice of the planning action. The appeal shall be submitted to the Planning Commission Secretary on a form approved by the City Administrator, be accompanied by a fee established pursuant to City Council action, and be C received by the city no later than 4:30 p.m. on the 12th day after the notice of decision is mailed. ii. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the city and whose boundaries include the site. - Hi. The appeal shall be considered at the next regular Planning Commission or Hearings Board meeting. The appeal shall be a de novo hearing and shall be considered the initial evidentiary hearing required under ALUO 18.108.050 and ORS 197.763 as the basis for an appeal to the Land Use Board of Appeals. The Planning Commission or Hearings Board decision on appeal shall be effective 13 days after the findings adopted by the Commission or Board are signed by the Chair of the Commission or Board and mailed to the parties. iv The appeal requirements of this section must be fully met or the appeal will be considered by the city as a jurisdictional defect and will not be heard or considered. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 61 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us i t` ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA 42014-01795 SUBJECT PROPERTIES: 400, 410, and 420 Clay Street and Tax Lot 11 CC 11800, between 2133 & 2141 Birchwood L.n. APPLICANTS: Gregg & Adrienne Trunnell PROPERTY OWNERS: Gregg & Adrienne Trwnnell (400 Clay Street) Kathy Siple (410 Clay Street) Robert & Allison Wildman (420 Clay Street) C.A. Galpin and the Adams Group, LLC (Tax Lot #800) DESCRIPTION: A request for modification of Minor Land Partition (.PA 42002- 001) to allow the removal of a previously required ten-foot Public Pedestrian Easement for the properties located at 400, 410 and 420 Clay Street. In conjunction with the request, the requirement for a similar, connected Public Pedestrian and Bicycle Easement to the south, between 2133 Birchwood Lane and 2141 Birchwood Lane, would also be removed with the modification of the Birchwood Subdivision's Outline Plan approval (PA #1998-00059). COMPREIIENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1E 11 CC TAX LOTS: 200 & 800 SUBMITTAL DATE: October 14, 2014 DEEMED COMPLETE DATE: November 13, 2014 STAFF APPROVAL DATE: December 12, 2014 APPEAL DEADLINE (4:30 P.M.): December 24, 2014 FINAL DECISION DATE: December 25, 2014 APPROVAL EXPIRATION DATE: December 25, 2015 DECISION 400, 410 and 420 Clay Street were created through the partitioning of an almost one-acre lot located at 400 Clay Street in 2002. At the time, the applicants gave a ten-foot wide public pedestrian easement crossing through the middle of the parent parcel to the city. This easeulcnt was intended to provide pedestrian connectivity to an existing pedestrian easement in the Birchwood Subdivision in-unediately to the south. Improvement of the proposed easement was to be the city's responsibility, and any improvements were deferred until the adjacent property to the north either developed or was made public open space. r The Birchwood Subdivision was created through the Performance Standards Options Chapter (AMC 18.72) in 1998. Outline Plan approval was granted with PA 41998-059, and Final Plan approval followed shortly thereafter as PA #1998-113. The application involved a 24-lot, 24- unit multifamily subdivision, and included the north-south pedestrian easement proposed to be vacated here and an east-west pedestrian easement from the end of Birchwood Lane to what is now McCall Drive that is proposed to be retained. The current application involves a request for modification of Minor Land Partition (PA #2002- 001) to allow the removal of a previously required ten-foot Public Pedestrian Easement for the properties located at 400, 410 and 420 Clay Street. In conjunction with the request, the j I I PA-2014-01795 400 Clay Street/dds Page 1 f requirement for the corresponding connected Public Pedestrian and Bicycle Easement to the south, running north-south between 2133 Birchwood Lane and 2141 Birchwood Lane, would also be removed with the modification of the Birchwood Subdivision's Outline Plan approval (PA 41998-00059). A public pedestrian and bicycle easement rutuiing east west between the eastern terminus of Birchwood Lane and McCall Drive would remain as it continues to provide am cast-west pedestrian connection from Clay Street to YMCA Way via easements which were provided with adjacent developments. (The attached Staff Exhibit 1 details the proposal and highlights the pedestrian connections which are to remain in the immediate vicinity.) In making the request, the applicants suggest that the easement is no longer needed to maintain city neighborhood connectivity requirements given the existing and fixture public sidewalk system, the pedestrian easement connecting the Birchwood Lane cul-de-sac to McCall Drive, and the dedicated alley off of Villard connecting to McCall Drive as well. They emphasize that with these alternative connections, the proposed vacation of the two north-south easement segments do not appear to negatively impact pedestrian or bicycle connectivity or mobility in the area. The applicants fiirther suggest that because the easement through their property crosses the driveway serving the three lots created in the 2002 partition, they have safety concerns because there are hedges, borders and other property dividers which impair visibility and could make it especially difficult to see a child on a bicycle, skates or a skateboard. They also question the safety of having their cluldren play in an area where there is the potential for heavy public access with limited visibility. They accordingly request that the previous conditions of approval be modified to allow the vacation of the north-south pedestrian and bicycle easement for these lots. The Board Chairperson for "The Birchwood at Ashland" Homeowners Association to the south has provided a letter of support for the request, noting that the public pedestrian and bicycle easements proposed for removal are no longer necessary to maintain neighborhood connectivity because they already have a. public pedestrian access easement running their community to the east with a gate opening onto McCall Drive, where sidewalks and easements provide pedestrian connectivity to YMCA Way. They further note that in addition, there are sidewalks on Clay 1 Street that connect to the dedicated public alley off of Villard, which also connects to McCall Drive. The letter goes on to explain that the Birchwood Homeowners Association Board would like to have the corresponding easement in their subdivision eliminated as well, although they have recently discovered that the open space lot (Tax Lot 9800) containing the easement in question was never transferred from the original developer to their homeowners association as was required in the Contracts, Covenants and Restrictions (CC&R's) of the subdivision. They indicate that they believe this was a simple mistake that will be remedied quickly by obtaining a quitclaim deed from the developers, and in staff's view correcting this issue should not prevent the modification of the condition requiring this easement. During the conunent period following the mailing of the required Notice of Complete Application to neighboring property owners, James H. Wells III provided written comment noting that, "Ifgthout knowing the reasons.for the request to remove the required pedestrian and bicycle easements, it is not possible to assess the merits of this request. If the change has no merits, then, ipso facto, it would be imprudent to remove the requirement, because the merits or need for the requirement would certainly outweigh the lack of' merit in removing the requirement. Thus, given my current state of knowledge about this request, I object to granting it." Mr. Wells will be provided a copy of these findings by mail with the hope that they will PA-2014-01795 400 Clay Street/dds Page 2 supplement his current state of knowledge as to the merits of the request and alleviate any lingering concerns which might lead to further objection. In considering the request, staff believes that with: 1) the city's acquisition of the property to the north and installation of Engle and Villard Streets; 2) the dedication of a future easement for an alley which will provide a north-south connection between Villard Street and McCall Drive approximately 270 feet to the east of the current easement; 3) Clay Street's fully improved pedestrian corridor approximately 235 feet to the east; and 4) the retention of the cast-west easement from the end of Birchwood bane to McCall Drive, there are adequate provisions in place for bicycle and pedestrian connectivity within the neighborhood to render the north-south pedestrian casements from Birchwood Lane through the properties at 400,410 and 420 Clay Street no longer necessary, and we accordingly approve the modifications of both BA #1998-059 and 112002-001 to facilitate their vacation. Staff would however note that the approval of this request removes offly the land use requirements for these easements; the property owners involved would still need to pursue formal vacation of these public easements before the Ashland City Council before the easements could be vacated. The approval criteria for a Land Partition are detailed in AMC Chapter 18.76,050 as follows: A. The future use for urban purposes of the remainder of the tract will not be impeded. B. The development of the remainder of any adjoining land or access thereto will not be impeded. C. The tract of land has not been partitioned for 12 months. D. The partitioning is not in conflict with any law, ordinance or resolution applicable to the land. F. The partitioning is in accordance with the design and street standards contained in the Chapter 18.88, Performance Standards Options. F. When there exists adequate public facilities, or proof that such facilities can be provided, as determined by the Public Works Director and specified by City documents, for water, sanitary a sewers, storm sewer, and electricity. G. When there exists a 20-foot wide access along the entire street frontage of the parcel to the nearest fully improved collector or arterial street, as designated in the Comprehensive Plan, Such access shall be improved with an asphaltic concrete pavement designed for the use of the proposed street. The minimum width of the street shall be 20-feet with all work done under permit of the Public Works Department. 1. The Public Works Director may allow an unpaved street for access for a minor land partition when all of the following conditions exist: a. The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial street. b. The centerfrne grade on any portion of the unpaved street does not exceed fen percent. 2. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost of full street improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof. Full street improvements shall include paving, curb, gutter, sidewalks and the undergrounding of utilities, This requirement shall PA-2014-01795 400 Clay Street/dds Page 3 be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied. H, Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. Approval criteria for the modification of an Outline Plan are detailed in AMC 18.88.030.A.4 as follows: a. That the development meets all applicable ordinance requirements of the City of Ashland. b. That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. C, That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. d. That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e. That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project, f. That the proposed density meets the base and bonus density standards established under this Chapter. g. The development complies with the Street Standards. Planning Action #201401795 is approved with the following conditions. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action #2014-01795 is denied. The following are the conditions and they are attached to the approval: 1. That all proposals of the applicant shall be conditions of approval unless otherwise specifically modified herein. 2. That prior to the vacation of the easements ruruiing north-south between Birchwood Lane and the city's Tax Lot (39 1E Map 11 C Tax Lot 02500) the applicants shall obtain the required City Council approvals. 3. That all conditions of Planning Actions #1998-059 and 92002-001 shall remain in effect unless otherwise specifically modified herein, including that the east-west bicycle and pedestrian easement between the easterly terminus of Birchwood Lane and McCall Drive shall be retained in perpetuity as a public easement. 1 Z 2 • Z-b f Date ACommuni Director Development Department PA-2014-01795 400 Clay Street/dds Page 4 Until a change is requested, all tax statements shall be sent to: Adrienne & Gregg Trunnell 400 Clay St. Ashland, OR 97520 After recording return to: Adrienne & Gregg Trunnell 400 Clay St. Ashland, OR 97520 STATUTORY QUITCLAIM DEED City of Ashland, a municipal corporation, Grantor, releases and quitclaims loAdrienne and Gregg Trunnell, as to an undivided 100'% Grantees, all right, title and interest in and to the following described real property: All that portion of the 10 foot public pedestrian easement granted to the City of Ashland by dedication on that certain Land Partition Survey, Partition Plat No. P-10-2002, recorded February 27, 2002, in Record of Partition Plats in Jackson County, Oregon, and filed as Survey No. 17218, in the oflice of the County Surveyor, lying within that tract of land currently, owned by Grantees, which tract of land owed by Grantees in Parcel I shown on Partition Plat No. P-10-2002 referred to above. BEFORE SIGNING OR ACCEPTING TI ]IS INSTRUMENT, THF, PERSON TRANFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF TI IF PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE, SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE "TO TIiE, PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY TI IAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISIIED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010. TO VERITY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGI ITS OF NEIGI113ORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11 CHAPTER 424, OREGON LAWS 2007. The true consideration for this conveyance is $10.00. DATED this day of Judy, 2015. GRANTOR City of Ashland, a municipal corporation John Stromberg, Mayor STATE OF OREGON ) Iss. County of Jackson ) The foregoing instrument was acknowledged before me this day of Judy, 2015, by John Stromberg, as Mayor of City of Ashland, a municipal corporation, on behalf of Grantor. Notary Public for Oregon My, commission expires: Page 1 oft Until a change is requested, all tax statements shall be sent to: Kathleen Kim Siple,'7ustee, and Gary Bruce Dialer, 'Trustee 1968 Treewood Lane San Jose, CA 95132 After recording return to: Kathleen Kim SiPIC, 'trustee, and Gary Bruce Dittler, Trustee 1968 Trcewood Lane San Jose, CA 95132 STATUTORY QUITCLAIM DEED City of Ashland, a municipal corporation. Grantor, releases and quitclaims to Kathleen Kim Siple, Trustee of the Kathleen Kim Siple 2000 Living Trust dated October 5, 2000 as to an undivided 90.7% interest and Gary Bruce Dittler,'Trustee ofthe Gary Bruce Dittler 2003 Living Trust dated February 3, 2003 as to an undivided 9.3% interest as tenants in common. Grantees, all right, title and interest in and to the following described real property: All that portion of the 10 foot public pedestrian casement granted to the City of Ashland by dedication on that certain Land Partition Survey, Partition Plat No. P-10-2002, recorded February 27, 2002, in Record of Partition Plats in Jackson County, Oregon, and filed as Survey No. 17218, in the Office of the County Surveyor, lying within that tract of land currently owned by Grantees, which tract of land owned by Grantees in Parcel 2 shown on Partition Plat No. P-10-2002 referred to above. BEFORE SIGNING OR ACCEPTING TIIIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2'10 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOTS NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SI IOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAI THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF'THE LOT OR PARCEL, TO DETERMINE ANY LIMI''S ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT I I IE RIGI I'FS OF NEIGI1BORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2''O 7, CHAPTER 8, OREGON LAWS 2010. The true consideration for this conveyance is $ 10.00. DATED this day of July, 2015. GRANTOR City of Ashland, a municipal corporation John Stromberg. Mayor STATE OF OREGON ) ss. County of Jackson ) The foregoing instrument was acknowledged before me this day of July, 2015, by John Stromberg, as Mayor of City of Ashland, a municipal corporation, on behalf of Grantor. Notary Public for Oregon My commission expires: Page 1 of I Until a change is requested, all tax statements shall be sent to: Robert Wildman and Allison Wildman 420 Clay St. Ashland, OR 97520 After recording return to: Robert Wildman and Allison Wildman 420 Clay St. Ashland, OR 97520 STATUTORY QUITCLAIM DEED City of Ashland, a municipal corporation, Grantor, releases and quitclaims to Robert and Allison Wildman, as to an undivided 100% Grantees, all right, title and interest in and to the following described real property: All that portion of the 10 fool public pedestrian easement granted to the City of Ashland by dedication on that certain Land Partition Survey, Partition Plat No. P-10-2002, recorded February 27, 2002, in Record of Partition Plats in Jackson County, Oregon, and filed as Survey No. 17218, in the Office of the County Surveyor, lying within that tract of land currently owned by Grantees, which tract of land owated by Grantees in Parcel 3 shown on Partition PlatNo. P-10-2002 referred to above. BEFORE SIGNING OR ACCEPTING] HIS INSTRUMENT, TILE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.30510 195.336 AND SECTIONS 5 'IO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. TI IIS INSTRUNIF,N'I DOES NOT ALLOW USE OF THE. PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLA- ION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE: SIGNING OR ACCEPTING THIS INSTRUMENT, TIIE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SI IOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010,T0 VERIFY THE APPROVED USES OF 111E LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND'IO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.3007 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. The true consideration for this conveyance is $ 10.00. DARED this day of Jul), 2015. GRANTOR City of Ashland, a municipal corporation John Stromberg, Mayor STATE OF OREGON ) ss. County ofJackson ) The foregoing instrument was acknowledged before me this day of July, 2015, by John Stromberg, as Mayor of City of Ashland, a municipal corporation, on behalf of Grantor. Notary Public for Oregon My commission expires: Page I of I Until a change is requested, all tax statements shall be sent to: The Birchwood's at Ashland Homeowners Association 2117 Birchwood Lane Ashland, OR 97520 After recording return to: The Birchwood's at Ashland I Iomcowners Association 2117 Birchwood Lane Ashland, OR 97520 STATUTORY QUITCLAIM DEED City of Ashland, a municipal corporation, Grantor, releases and quitclaims to The Birchwood's at Ashland I lomeowners Association, as to an undivided 100% Grantees, all right, title and interest in and to the following described real property: The Public Pedestrian and Bicycle 1, ' ascment granted to the City of Ashland by dedication on that certain Birchwood At Ashland, A Planned Community Plat, recorded June 17, 1999 in Volume 25 of Plats on Page 19 of the Records of Jackson County, Oregon, and filed as Survcy No. 16178 in the office of the Jackson County Surveyor. Beginning at the Southeast corner of Lot 5 of said plat, thence South 89° 54'22" East, 8.00 feet to the Southwest corner of Lot 6 said plat, thence North 00° 05' 38 East, 93.00 feet to the Northwest corner Lot 6 said plat, thence North 89° 54 22" West, 8.00 feet to the Northeast corner Lot 5 said plat, thence South 00° 05' 38" West, 93.00 feet to the Southeast corner Lot 5 said plat, also being the Point of Beginning, containing 744 ScITE more or less. BEFORE. SIGNING OR ACCEPTING THIS INS I RUMENT,'I HE. PERSON TRANSFERRING PEE "TITLE SHOULD INQUIRE ABOUT TI IE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 "TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SEC] IONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORF. SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE -TITLE 10 THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY] HAFTHE UNIT OF LAND BEING TRANSFERRED IS A LAW FULLY ESTABLISIIED LOT OR PARCEL„ AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THF, APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT TI IF RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. The true consideration for this conveyance is $10.00. DATED this day of July, 2015. GRANTOR City of Ashland, a municipal corporation John Stromberg, Mayor STATE OF OREGON ) ss. 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Goldman (a 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 l of 7 ~r, 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 Fast 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 7 CITY OF ASHLAND 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 7 !VAL110 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 #1 - 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 ofrear° 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 (93) to include Pedestrian Cluster Housing as a permitted use within the Single-Family zoning designation ( NN-1-5). Ordinance #2 - 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 #3 - 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 (18.34.030c) 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 7 CITY OF -ASH LAN D 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 Nei hborhood Plan Framework and in conformance with the Normal Neighborhood Plan Open ace 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 inaintained 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. 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 5 of 7 IA, 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 #1- 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 93 - Land Use Ordinance (Ch 18) amendments o Exhibit A See September 15, 2015 Meeting Packet for all other attachments and links Page 7 of 7 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 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 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 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 11, [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 RENTIEW (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 11, [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 6.06] 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-2,L& 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 , 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 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 II, 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 XII, Urbanization. 1. City of Ashland: Buildable Lands Inventory (2011) by Ordinance 3055 on November 16, 2011. LO M C) LJ..1 N 00 N ^ ti L ~j C ~ N 'L W Ix 2 w AMEM mr~ -4 _U LJ C O .cn O C 'E Oc S t 1T .s,. Am u E ~ i UL- Y O 3 a) E O LL x C x d c: U% r M p N z O u a) L C ~ p R > L z 0) O B Q a) z C c rn R O C x o x a c m Z a ~C co N U (D c O u ° a) o a~ c c - .o o m c c E -E E 7 C O a) N O J 0 U) C O U U) O L c t U) L C T L O (6 Y E c u L n N a) L (h c Y c O n5 _ N U) z O _ _ c d ~N C N J 'C ~ N -2 a) C fl~ (0 n5 n3 n5 d O t E U_ O U l 8 T E U U m Q ¢ W O U cr 0 z 3 o c c 3 Y V U Q ~ N U a) L U Q O E m O E m C ~ N O O C c p a): y O O a) 2 a to - 0) 3 n5 U C O. O ~ 'C a) N C E A C _ C r- 0 C N O N N O 'O C 0 C ~ Z E n3 ~ > N O ~ L c C M N O Q) V- C O U 0 fn m cu E y, Q 0) a) p CO L d' J 41 n3 c C O_ 'C C Q) - c U L C i ~ O O E ° 4) ~ ~ O ~ a) C O Y O' 01 C fl. 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U r 7 cj M x`' U -O 4-, u N v G. v 'L7 t7; N oS ' G Cl, O - to "b • u v y L) u u -n r v u - > ° on bL r- 0 -C U- u > U > -c3 Q > aUi 41 C) m u v cr -o a r c -cs ¢ -cs o r u U c w, Q d C 3 O N U ° _ 4aar] Gel] L O U u ~ G co o E F u oM P-RaM in Y O >IaaJ]RJalawa] - 3 x Z LM PUQRaM N E auuanV lc .a,,J~ ~ ~ r Ai C °o ~N N W slow O V j CC ~k {jk G ♦ d 3 ' ~ ~ etc. ~(rl ~ A lT ~ k tier St Ai > ~ o N n~ ti r_ N v ° 71- s V o c ~ ~ cn b ' n o c u tp c tj~ m o o [ v u cn p °3 0o i u U G v Lr a3 v u -a' o ~ a~ ° a .S i; v~ a ~ O ° .a o z d c :c o c bn n. ° v LO v v G' = .3 o o 3 ` cn v c CT o o -ld LL V, w o o d , r 'o E, E~ u u -u cm o p ° b Z y o r o c~ c o z o o "U CA b g M o v r v x °o a) y C Ll.. .l] C u ° v cc a R' cC cn (c 7 K U Z W G o u° N man y C 3 o o> ° a m E p G p v C c r U v o - y CL U G N U U o Z r o r a o G o o ° n Q cm z Q ° ti ° a r o oA p o a v r y o J o c a ° a crn M d N o _ v U on ° o E ? n cG r v C a~i U h DA ~7, cC c a v s 71 t!1 C o J x c ° o f . 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U o 0. ~ ~ ~ ~ C b p u r ~ ~ v cn yr ~ v v 'O a ° Ln s v c J Z C~ o Y O N E 2 LL C d O O L O Q L 0) a) Z m E O Z CITY OF Exhibit C ASHLAND z a E' Ashland ~MgIN i Middle ~ School t ' ' t ( _5 !-I Walker a Elementary } School j P I IRLHvVUUD 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 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 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 fixture 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 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 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.F and subsection 18.4.6.040. G. All elements listed are required unless specifically noted, and dimensions and ranges represent mininninr 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 prgjected 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 RIGHF- 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' 0,2 Boulevard 3-Lane 30,000 73'-99' 46' 11' 12' 6' 81-9' 6" 5'-8" 6'-10'2 Boulevard 5-Lane 95'-121' 68' 11' 12' 6' 81-9' 6" 5'-8'' 6'-10' 2 Boulevard 2-Lane 3,000 to 59'-86' 32-33' 101-10.5' none 6' 81-9' 6" 5'-8'' 6'-10' ` Avenue 3-Lane 10,000 90.5 43.5'-44.5' 10'-10.5' 11.5' 6' 8'-9' 6" 5'-8" 6'-10'2 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' 9'40' 7' 6" 7'-8' 6-6' Side Parking Both 57'-63' 32'-34' 91-10' 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 Parallel 63'-73' 36' 10' 8' 6" 5'-8" 8'-10' 10,2 Parking Both 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 -1NG 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'-1 o' 2 Sides Neighborhood 1 less than NA NA 3 Street 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 Less than Private Drive 100 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'-10' 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 phvsical and visual indications the space is shared across modes. See Figure 18.4.6.040.G.8. Prototypical Section: Shared Street t t 7.% 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 Width: 25' Page 5 of 6 Pavement width: 18' 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 Parking: 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 emergency vehicle access. Parkrow: Not applicable Sidewalks: Not applicable, pedestrians can share the travel lane and easily negotiate these low use areas. Refuge 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 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 Exhibit B -ASHLAND Normal Neighborhood Plan Avenue with sidewalks & bikelanes Pedestrian and Bicycle Network Streets with sidewalks Shared Street 7-1 • • • • Multi-use path 0 200 400 800 Feet -7/2 RV2u i j.; 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 d°',s 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 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 fixture 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 _ A licabilit 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 Overly 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 I 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 50 35 25 (applies to lots created by partitions only) 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 6 6 Minimum Side Yard 6 0 s 0 s Minimum Side Yard abutting a public street 10 10 10 Minimum Rear Yard 10 ft per Bldg Story, 5 feet per Half Story Setback and yard requirements shall conform to the Solar Access 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% 5% 35% Parking See section 18.4.3.080 Vehicle Area Design Requirements Page 6 of 12 Minimum Outdoor Recreation Space, percentage of lot na na 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. k t(Ci't t 1 i~3iGI a1 3C?a i L~ ~ ~ Exas~rvation a _ ~ 7 III _ Y- v _m~ r _[SGnal =rn;1 ~ . rcmrrF[3[it;r Q den space alley Il - A'.. I-t flf V.. JVYPI y . i-L-4 an :-e5 ~p L S aTorl-ant~Li buildings ' Common i lbil, from i l.t n il[fi3t"d - r Page 11 of 12 Normal Neighborhood District Zoning Classification Map. 1 ~ I ~ 1 I 1 e : jI I t f a . { I I, FhN l_Aktl! Zoning _ J~NN-1-5 f --a NN-1-3.5 NN-1 -3.5-C 7/0 NN -2 I i open space r Road Classifications ~neigborbood collector local street <l HAM r shared street ~R:~KLA: j Patti Ar141Ati l Normal Neighborhood District Zoning Classifications o CED ED 400 800 Feet Page 12 of 12 CANOPY LLC The Care of Trees 157 Max Loop Talent, OR 97540 (541) 631-8000 September 4, 2015 City of Ashland Planning Division 51 Winburn Way Ashland, OR 97520 Arborist Assessment Project ID Pioneer Parking Lot Pioneer at Lithia Overview The following is an assessment of the existing trees for the proposed projects at the parking lot on Pioneer Rd, and the corner of Pioneer and Lithia Way. The tree numbering designation used here coincides with the plan drawings labeled "Pioneer Parking Lot L 1.0" and "Pioneer at Lithia L 1.0." We found the tree legend on these plans to be accurate and so have not here replicated the list of species, their sizes, etc. The assessment has been grouped into smaller sections by location within the project area. Pioneer ParkinIZ Lot Trees #1 - #4 Cupressus sempervirens (Italian cypress) of good to moderate health growing in restricted root zone. Recommend removal and replacement by a more suitable shade-giving tree such as the Zelcovas proposed in the planting plan. Trees #5 - #8 95: Acer plalanoides (Norway maple). Limited root zone may not allow for full growth potential, but otherwise healthy. 46: Note that L 1.0 designates this to be a Fraximts oxycarpa (Raywood ash), indeed there is a plaque at the base of the tree stating as much, but the tree is a Norway maple. Except for some girdling roots, the tree appears healthy. There is a small Raywood ash between Trees 5 and 6 which is of poor form and vigor for which removal is recommended. #7 and #8: Raywood ash. Both trees of poor form and limited root zones. Recommend removal and replacement. Trees #9 - #18 99, #10: Raywood ash. Poor form. 49 has limited root zone. 410 has a co-dominate leader growing over road. These leaders are at greater risk of failure. Recommend removal and replacement. 411, #12, 413: Norway maples. Some minor human-related damage on bark (#L3) and a girdling root (411). Overall of good health. #14, 415, 416: Pisiachia chinensis (Chinese pistache). Beginning to interlock canopies with adjacent maples, but overall of good health. #16 appears to be of slightly less heath and may be a candidate for removal if needed from a design perspective. #17, 918: Raywood ash. Poor form. Limited growth potential and root zone. Slight lean of main trunk (#17). Recommend remove and replace. Trees #19422 #19, 420, 421: Colimts coggygria (Smoketree). All of good size and health. These are nice small tree specimens. A downside being they do not have as great of shade-giving potential as a full sized tree species. The small boxelder trees (not labeled on plans) of poor form and health existing between the smoketrees are unlikely to fill this role and for which removal is recommended. #22: Quercus ilex: (evergreen oak). Appears healthy. Perhaps a bit out of place from a design perspective. Trees #23 - 427 Recommend removing over-crowded Raywood ash (#26) in favor of retaining 4 Carpinus bendits (hornbeams). Trees #28 - #30 Recommend removing badly damaged red maple (#29) and retaining hornbeams (928, #30) Trees #31 - #33 Recommend removing 2 Raywood ash (#31, #32) and replacing with a more suitable species. Pioneer at Lithia Trees #1-3 Overall these 3 trees are of good to moderate health. Their biggest limiting factor is lack of a good growing medium. They all are existing in very restrictive root zones and are most likely reaching, or have reached, the end of their growth potential, which may limit their long-term ecologic and aesthetic value. Replacement done in such a way as to allow for full tree growth potential (ie access to larger root zone) is worth considering. Ideally, the space could provide for 1-2 large, fully mature trees. #1: Acer ruhra (red maple). Overall of good health. Contains co-dominate stems characteristic of this species, which can increase the likelihood of failure. This tree is growing in a very restricted root zone and has likely reached its growth potential. Recommend root zone enhancement and/or removal. 42: Red maple. Good health. Soil appears compacted and devoid of organic materials. Some minor damage to bark. Recommend root zone enhancement and/or removal. 43: Red maple. Moderate health. Severely restricted root zone. Roots appear bound. Very little growth exhibited over the last year (approximately 1 Recommend removal and replacement if the area can be designed in such a way as to allow for a larger root zone area, enabling a tree to achieve a greater growth potential. Discussion on Raywood Ash Fraxinus oxycarpa are characterized by weak wood, poor structure, and relatively common occurrence of failure. Failure occurs from either co-dominate stems or by uprooting when constricted root zones cannot support the weight of the crowns. In operating a tree service in the area, this species is one of the most common trees we are called upon to remove after they have failed. The Rayood ash in this project area are likewise of poor structure and have reached the limit in size of what I would consider safe given their available viable root zones and that they are in a highly trafficked areas. Recommendations Specific recommendations were provided above regarding the removal of the Raywood ash and Italian cypress trees. Few recommendations were given for healthy trees. Most notably the Norway maples and Chinese pistache 1 l - #16). Given that that the trees are healthy, the decision to remove or retain should ultimately be made on through the lens of a design perspective in keeping with the long-term goals the City has for the location. We would suggest however, that options be explored to leave some healthy trees and/or phase-in some removals and replanting over time. Doing so would greatly soften the visual impact of the transition period as well as allowing the current benefits to continue. The replacement trees proposed in the plan documents are excellent choices. They make good use of the available space, species selection is suitable for the area, and should provide a net benefit gain over time. Taken as a whole, or in part, they have the potential to provide very good canopy cover, aesthetic enjoyment, and long- term benefits. ASHLAND CITY TREE COMMISSION City of Ashland Tree Commission 51 \VinbLim Wav. Ashland. Orc(,wii 97520 October 9, 2015 Ashland City Council 20 East Main Street, Ashland, Oregon 97520 Dear Council Members, Thank you for affording the Ashland Tree Commission the opportunity to review and provide our recommendations for the Downtown Beautification Lithia Way and Pioneer Street Projects. We recognize all of the hard work that has gone into this project thus far, and we would like to express our general support for the City of Ashland Beautification Project. We have thoroughly reviewed the Alternate Plan Design proposed by Ken Cairn Landscape Architecture, and have found the plan adverse to our goals as a commission. The alternate plan proposed, retains five out of twenty- eight (5/28) trees at the Lithia Way location and one (1) tree being retained at the Pioneer St. location. The arborist report from Canopy LLC states that tree #10 has a co-dominant leader growing over the road, and thus is at a higher risk of failure. This is the only tree identified in the arborist report that mentions removal for any reason other than design perspective. Compacted root zones, interlocking canopies, limited growth potential, slight leans, bark damage, poor form, overcrowding, and restricted root zones are all very common in urban street trees and do not typically justify the trees removal. There are many mitigation options frequently used to improve the aesthetic value and safety of urban trees. Neither Ken Cairn Landscape Architecture nor Canopy LLC identifies any corrective actions for any trees shown on the plan, other than removal and replacement. (Tree corrective action and safety mitigation methods include; pruning for structure, branch end iveight reduction, canopy thinning, fertilization, soil improvement, root crown excavations, mulching, cabling branches, and many other actions.) All of the common urban tree issues identified above are symptoms of the urban environment. The existing trees in the Lithia Way and Pioneer Street locations show adaptations and tolerance for these conditions. We recognize that these trees are not all thriving, however we would like to point out that all of the large tree species identified in this project for removal are on the City of Ashland Recommended Street Tree Guide and are recognized for their ability to tolerate urban and drought conditions. Naze: Ther•` crre f~zu kuliun s'rrzokelr•ee ~idenzi i ~ c noz ' .f cd nn zhe - 1 s s /identifed azC/zrded ' crrhorisl //re rn-hr>r-ieY r trr 0j/ he repu~ / cr r c nor C izy a r?f.~'oorl. l us I() f AshlUt7C/ Rec,nuune Food z udc d , s r~ e curd ruo Frorn > he crizlz `~'eru/e her//zh our pr'otessional ea S0rc e z Tree nice serail /r ec enrd z1u ee unprove rcrience Guide. sPccir~re ' but decrease 1 , we believe rr) /hu/ ca-e existin g the site conditions. ieinovin trees without ad Parkint, g the texist identified ing trees ding sigrri ficarri soil v ° fats are in these two also eliminates 1101 conducive to Projects wi 1emoved their any Shade olunne will not im good tree Will not stShade that irra , prove future growing growth a high carbon_ ps are ground dow 1 be needed and removin to-nitro n into the to establish new conditions. g the Stump or roots decogerr ratio that results irr soil, all excess trees. 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In addition Tile ishnrerrt Per trees pro the soil with Posed to be oil, which neiv trees re as the remains Periods have planted a th of the environme a higher ese sites will strugd quire for proper growth. ntal restrictiOils that likelihoo t the trees olc estimated d of failure/den to establish 0•8 - 1.0 cm growin nth and will ultirrnatel - require more estimate of'diarrretcr at g there are water newly Planted 2 breast height currently res(ricled by. endure the same during reach the current 'call (nNN) anrrrrall , cultural and per trees in these Urban trees average DE pro Y, dependur grow at an N size tree present on these Proposed siteslocati g oil nrarr The Tree Conrnrission recog s the ons would take aPP Y factors, Using thi that the , roximately 20 this Lithia wa nize to Years (2035) to liglrtin Y and Pioneer i beautif3, the g, shrubs, walkwa p -°Jects would be Lithia wa Preserv Ys, and hard sca yes more Y and Pioneer anon oftl7e aesthetically a St. locations, Preservation techni existing trees as a 1 are improved. PpealIn it is we reCpmrnend red g ifthe tree our belief rernov Sues to i Pr'iorityI this would s remain and al and renov Provide the recomincnded entail util. . esigiriirg the the irrigation ation of the sid,la g an arb project with the and li lks and otherhard ~asrnents and orists into alternative glaturg under corrective Pecializing in urb or along the an tree Ys to redes i • irew sidewalks PCs, it May tisi Y be possible the an needed. Ultim gu the shrub th mal root toactions run with ately, it is beds Pr'ovidin disturbance. y new utilities Stich Out' recommend g inini inirnalmdisturba we reconurrend lookings towards these hvo atrorr that the nee to identified Projects and we a City of Ashland takes the existin as a safet dvoc g trees. form filled Y concern should have ate for the Preserv an ecolo aut b dtion of gically conservative defects by a certified IS an International the trees b approach risk ratirr A -irboris, ex Society of y rrrrtrgation methods. An deter•ininin g' and likelihoo plain'rig the Arboricultru•e g if the trees are d of f<rihrre. Potential tar (ISA) free y trees the hazardous trees. a true After review- gets site conditions Risk Assessment satcty concern tile ng the 7SA , histor Tree l ree Risk Assessr y offallur'es Cornnrission will su nent f tree PPGr4 r , orrn and Sincere/ y, c movat and replacement ot, '1re Ashlaltci Tree ' C0rn1nissi«rt CITY OF ASHLAND Council Communication October 20, 2015, Business Meeting AFN Internet Project Update FROM: Mark Holden, director of IT and electric utility, mark. holden ashland.or.us SUMMARY This is a project update report on the results and current status of the Ashland Fiber Network (AFN) Internet project. Council approved the AFN Internet project as part of the AFN Strategic Business Plan process. The AFN Internet Project allows AFN to meet growing customer demand, provides for the development of competitive new services and significantly reduces cost. BACKGROUND AND POLICY IMPLICATIONS: In order to continue to meet the growing consumption of internet service and successfully compete against the national incumbent, AFN needed to increase internet capacities and lower costs. The AFN Internet Project increases the capacity of AFN's cable network to carry internet service, and both increases capacity and reduces the cost of connection to the global internet. As a result of the AFN Internet Project, capacity of the AFN cable network increases fourfold, the global internet capacity increases fivefold and the cost decreases approximately eight thousand dollars per month compared to current costs. In January, 2015 as part of the AFN Strategic Business Plan, the Council approved a project to expand AFN's internet capacity. The objectives for the project were: • Increase internet capacity - required to meet existing demand, provide for expanding future per user consumption, and provide for updated/new services • Lower internet costs - reduce costs to cushion expanding per user consumption costs and provide for additional competitive services The project was approved for two phases. Phase one provided equipment to achieve the following: o Provide a framework for rapid capacity growth within AFN's network in Phase two o Change AFN's connection model, provide for larger capacity connections to the global internet (reducing the per unit cost to access the global internet) o Provide a framework for rapid capacity growth to the global internet in Phase two Phase one equipment installations were completed in early March, 2015. The equipment was functionally tested and verified before being placed in commercial use. Page 1 of 3 ~r, CITY OF ASHLAND Final testing and integration into the AFN network was completed in late March, 2015. Phase one is complete and achieved the Phase one items outlined above. (please also see Table 1: Bandwidth Capacity below) Phase two provided equipment to achieve the following: o Expand capacity within AFN's network - leveraging the equipment framework deployed in Phase one o Provide a larger capacity connection from the global internet to AFN's network - leveraging the equipment and connection model developed in Phase one o Increase global internet connection flexibility (source, capacity) o Increase capacity to the global internet Phase two equipment installations were completed in September, 2015. Functional testing and verification are in progress and planned to be completed by October 30, 2015. Full commercial utilization of the new high capacity connections to the global internet will be phased in (dependent upon approval of a new internet service contract) beginning on November 1, 2015 and will be completed by November 15, 2015. (please also see Table 1: Bandwidth Capacity below) Table 1: Bandwidth Capacity AFN Cable Global Internet Network Capacity Capacity Purchased/Limit January, 2015 2.5 1.5/2 March, 2015 2.5 2/10 Completion Phase One September, 2015 2.5 2.5/10 November, 2015 5 10/20 Completion Phase TNvo March 2016 10 10/20 NOTES: Values are in Gigabits per second (Gbps) ] Gbps = 1,000 Megabits per second With the completion of the AFN Internet Project, AFN is developing new, higher capacity products to better meet the growing needs of the community and AFN's customers (both wholesale and retail). The performance, capacity and cost changes resulting from the AFN Internet Project facilitate competitively priced new services and present an opportunity for both retail and wholesale sales growth. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: N/A Page 2 ol`3 CITY OF ASHLAND SUGGESTED MOTION: N/A ATTACHMENTS: N/A Page 3 of 3 I`, CITY OF ASHLAND Council Communication October 20, 2015, Business Meeting Consideration of a Resolution for the City of Ashland to Provide a City Building Two Nights per Week as a Winter Shelter FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY For the past three years, the City has made Pioneer Hall available for a winter shelter for the homeless, staffed by volunteers from The Rogue Valley Unitarian Universalist Fellowship (RVUUF) and Temple Emek Shalom (Temple). RVUUF and the Temple are interested in continuing this partnership during the coming winter season and this resolution authorizes use of a city building for a winter shelter for the homeless two nights per week. BACKGROUND AND POLICY IMPLICATIONS: On August of 2013, the City Council adopted a resolution allowing the use of Pioneer Hall as a one- night-a-week winter shelter for the homeless and establishing conditions and policies governing the use of the building. On September 3, 2013, Council updated the previous resolution to allow for dogs in the shelter. In December of 2013, Council authorized approval for an additional shelter night. The shelter was staffed by volunteers from the Rogue Valley Unitarian Universalist Fellowship (RVUUF) and Temple Emek Shalom (Temple). Nearly all of the conditions and policies in the resolution arose from recommendations made by the City's risk management staff and our general liability insurance carrier. The Temple and RVUUF have verbally indicated a willingness to provide volunteers and take responsibility for shelter operations this winter if the City provides a building. FISCAL IMPLICATIONS: There will be an additional charge of roughly $400 per month for general liability insurance for using a city facility as a winter shelter. This is the same amount we paid for last winter's shelter. Money was not specifically budgeted for this purpose in the biennial budget, however the cost has been absorbed by the Insurance Fund. STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTIONS: I move approval of a resolution titled, "A Resolution authorizing the City of Ashland to provide a city building for a winter shelter two nights per week though April, 2016." ATTACHMENTS: Resolution Page 1 of 1 ~r, RESOLUTION NO.2015- A RESOLUTION AUTHORIZING THE CITY OF ASHLAND TO PROVIDE A CITY BUILDING FOR A WINTER SHELTER TWO NIGHTS PER WEEK THROUGH APRIL, 2016 RECITALS: A. Rogue Valley Unitarian Universalist Fellowship (RVUUF) and Temple Emek Shalom (Temple) wish to partner with the City of Ashland to provide shelter for homeless community members at a City building two nights per week from November, 2015, through April, 2016. B. RVUUF and the Temple will provide volunteers to staff, manage and clean the shelter. C. The City is willing to provide a building two nights a week to accommodate this proposal in accordance with the provisions below. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Provision of a Shelter. Ashland will provide a City building for use as a shelter for homeless community members two nights per week under the terms and conditions set forth herein. SECTION 2. Terms and Conditions. a. This building is offered for the period November, 2015, through April, 2016. b. Prior to staffing a City-owned facility, volunteers must sign a waiver releasing the City from liability for any personal injuries to them. c. The shelter will be staffed by volunteers from RVUUF and Temple who are certified to staff an overnight shelter. RVUUF and Temple must provide to the Parks and Recreation Department written assurance that every volunteer who will staff the shelter is certified to have completed appropriate training on the emergency plan, mental health plan and emergency communications for the shelter and has passed criminal background checks. d. Each night of operation of the shelter, at least one male volunteer and one female volunteer will staff the shelter from 8:00 p.m. to 8:00 a.m. An additional male volunteer will be required when more than 10 male guests are present. More volunteers may be required by the City depending on the building to be used. If the minimum number or qualified volunteers are not available for the entire time, the shelter will not be opened that night. e. Shelter occupancy will be limited to 25 guests on a first come, first serve basis. f. Shelter will open at approximately 7:30 p.m. and close the following morning at 7:30 a.m. Doors will be locked at 10:00 p.m. with no re-entry for any that leave. g. City insurance requires separate sleeping space be designated for single men, women and families.EAppropriate signage must be displayed that warns against children being left alone'Buildings must have separate restrooms for men and women. h. Ashland Parks & Recreation will identify the building to be used and provide access. The priority from an operational and safety perspective is Pioneer Hall, the Community Resolution No. 2015- Page 1 of 3 Center and the Grove, in that order. i. No showers or food service will be made available during the hours of operation. SECTION 3. Shelter Policies. Operation of the shelter shall, to the greatest extent feasible, comply with the following guidelines: a. Shelter services must be provided with dignity, care, and concern for the individuals involved. b. The buildings used as a shelter will comply with City, County and State Building, Fire and Health Codes, unless exemptions have been obtained from the appropriate agencies, and must be maintained in a safe and sanitary condition at all times. c. Upon entering the shelter facility each night, each guest must sign in, and sign an agreement committing to comply with shelter rules, absolving the City and volunteers of any responsibility for the security of the guest's personal property, releasing the City and volunteers from all claims of liability for property damage or personal injury arising from operation of the shelter or use of the City's building and certifying that he or she is eighteen years of age, or older. d. No cooking. Kitchen facilities are to be secured and access is prohibited. e. No drugs, alcohol, or weapons will be allowed in the shelter property at any time. f. No pets will be allowed in the shelter, except as described in Section 4, below. g. No disorderly conduct will be tolerated. h. No threatening or abusive language will be tolerated. i. No excessive noise will be tolerated, e.g. loud radios, telephone conversations, etc. j. Smoking will be restricted to the outdoors in designated areas. k. All guests should maintain their own areas and belongings in an orderly condition. 1. If a volunteer/staff member accepts any item from a guest for safe keeping at least one other volunteer/staff member will witness the transaction. m. Failure to comply with shelter policies may disqualify a guest(s) from future stays. n. The check-in/check-out process shall be maintained by the volunteers sufficient to ensure a control of the premises and exiting by guests at 7:30 a.m. to allow cleaning and room set-up by 8:00 a.m. SECTION 4. Dogs. Dogs may be permitted in the shelter under the following circumstances: a. Shelter volunteers must designate a specific area in the shelter for dogs. The floor of such area must be covered with thick plastic. b. Dogs must remain in crates while in the shelter. Crates will not be provided, stored, repaired or cleaned by the City of Ashland and must be removed from the shelter when it is vacated. c. Service dogs are not required to remain in crates but must be leashed while in the shelter. d. If taken outside for biological needs, dogs must be leashed. e. Shelter volunteers are to devise and follow procedures to keep dogs away from each other and other guests as they are being housed for the night and as they exit in the morning. f. Shelter volunteers must be responsible for cleaning and sanitizing any areas soiled by a dog or dogs. Such cleaning is to be done to the satisfaction of City facilities maintenance staff. Resolution No. 2015- Page 2 of 3 g. Dogs that become threatening to others or are otherwise unmanageable will be required to leave the shelter. h. Shelter volunteers must notify Jackson County Animal Control in the event a dog bite breaks the skin of an emergency shelter guest or volunteer. SECTION 5. This resolution takes effect upon signing by the Mayor. This resolution was duly PASSED and ADOPTED this day of , 2015, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Resolution No. 2015- Page 3 of 3 CITY OF ASHLAND Council Communication October 20, 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 property. 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 Lr, CITY OF ASHLAND 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/A~4endas asp?Display=Minutes&AMID=5755 Pa c2of2 I`, 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 and additions to the code sections being modified. Deletions are bold lined-thTough and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, The 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 subiect 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 morteau interest in possession or control of the property or who is the deed of trust beneficiary of the property. Ordinance No. Page 1 of 3 SECTION 2. Chapter 9.04 Weeds and Noxious Vegetation, Section 9.04.005 Definitions (E) is hereby amended to read as follows: 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 leizal owner, the City may deem the "Owner" to be the person, other than the lep_al 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 Propertv" 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