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HomeMy WebLinkAbout2015-1119 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 November 17, 2015 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Study Session of November 2, 2015 2. Business Meeting of November 3, 2015 VI. SPECIAL PRESENTATIONS & AWARDS 1. Annual presentation by the Public Arts Commission 2. Presentation on road funding lobbying efforts VII. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] VIII. CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Approval of a resolution titled, "A resolution of the City Council of the City of Ashland, Oregon, authorizing financing for Garfield Park improvements" 3. Approval of a liquor license application for Andrew Van Slee dba Wiley's Trattoria 4. Request for Council permission to submit a land use application that includes the use of public sidewalk right-of-way and the airspace above 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 5. Award of bid to the apparent low bidder for the Talent Ashland Phoenix Emergency Pipeline permanent pump station 6. Approval of a change order in excess of 25% for the Terrace St. pump station improvement project pump rental 7. Request for sewer connection to a residence located outside the City limits and within the Urban Growth Boundary 8. Approval of Franchise Agreement with Avista Corporation 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.) None X. UNFINISHED BUSINESS Please note: Staff requests that Council complete first reading of the first ordinance and postpone second readinq of the other two ordinances to December 15, in order to have second readinq of all three ordinances on the same agenda. 1. Continuation of the first reading of ordinances 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 move to second reading and second reading of ordinances titled, "An ordinance amending the City of Ashland Comprehensive Plan to add a Normal Neighborhood plan designation to Chapter II [Introduction and Definitions], add the Normal Neighborhood land categories to Chapter IV [Housing Element], change the Comprehensive Plan map designation for approximately 94 acres of land within the City of Ashland urban growth boundary from single family residential and suburban residential to the Normal Neighborhood plan designation, and adopt the Normal Neighborhood Plan Framework as a supporting document to the City of Ashland Comprehensive Plan" and "An ordinance amending the Street Dedication map, Planned Intersection and Roadway Improvement map, and the Planned Bikeway Network map of the Ashland Transportation System plan for the Normal Neighborhood plan area and amending street design standards within the Ashland Municipal Code Chapter 18.4.6 to add a new shared street classification" XI. NEW AND MISCELLANEOUS BUSINESS None COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON CHARTER CABLE CHANNEL 150. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US XII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second reading by title only of an ordinance titled, "An ordinance amending AMC 9.08.010 and 9.08.040 concerning keeping of animals" 2. Second reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 9.16 to require dog licensing and declare certain dog behaviors to be public nuisances" 3. Second reading by title only of an ordinance titled, "An ordinance amending Chapter 10.120.020 to add two offenses as possible elements of the crime of persistent violation" 4. Second reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 10.120.010 to add Bill Patton Garden to existing enhanced law enforcement area" 5. Second reading by title only on an ordinance titled, "An ordinance amending AMC 9.18.020 to include additipnai definitions of behavior constituting elements of chronic nuisance" 6. Second reading by title only on an ordinance titled, " A ordinance amending the "owner" definitions to AMC Chapters 1.04 General Provisions, 2.31 Uniform Violation Abatement process, 9.04 Weed abatement, 9.08 Nuisances, and 13.20 Local Improvements and Special Assessments" 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 November 2, 2015 Page 1 of 3 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, November 2, 201_5 Council Chambers 1175 E Main Street Mayor Stromberg called the meeting to order at 5:31 p.m. in the Civic Center Council Chambers. Councilor Voisin, Morris, Lemhouse, Seffinger, Rosenthal, and Marsh were present. 1. Public Input Cindy Bernard Melaugblin/1300 Tolman Creek Road/Wanted to remove the labels for transients and look at the behavior instead. People that were causing the issues were doing it purposely and it made the town unsafe and unwelcome. They accessed the Resource Center and took limited resources from local citizens in need. Sandra Slattery/110 East Main/Appreciated the Listening Session October 28, 2015 and encouraged the City to move forward on solutions to create a safe environment and take action. Jon Lange/2345 Blue Sky Lane/Lived in Ashland since 1980 and observed this current era was worse than anything he had ever seen. This was criminal, immoral, and uncivilized behavior luxuriating in the community. He urged elected officials take a leadership role. Marie Donovan/2345 Blue Sky Lane/Explained she was the Ashland Chamber of Commerce Board President. She attended the October 28, 2015 Listening Session and was overwhelmed with texts and emails from people not comfortable attending the session or speaking publicly. This was a message for elected officials to act on safety and quality of life. Trina Sanford/1425 Green Meadows Way/Shared her experience growing tip in Ashland and how her children were not allowed to do any of those things because she felt the area was unsafe. She went on to describe several disturbing encounters she had with transients on her personal and business properties. Ellen Campbell/120 Gresham Street/Agreed with all the speakers. She had not realized the situation was that bad. People needed to support the police, the current laws, and encourage them to enforce those laws. It felt discriminatory because she was law abiding and others were not. Susan Grace/1024 Clear Creek Avenue/The City of Boulder Colorado had a similar situation and she explained how they enforced laws already in effect that actually pushed the travelers out of town. She went on to share how Utah reduced homelessness 91% since 2004. She submitted documents into the record further explaining what steps the City of Boulder and Utah took. Louise Engorn/345 Coventry Place/Noted the huge difference in livability over the past twelve years due to the rude behavior and actions of people travelling through town. Pam Hammond Morris/642 Vansant Street/Read from a letter her daughter wrote regarding the threatening behavior she and co-workers received from travelers and transients. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. City Council Study Session November 2, 2015 Page 2 of 3 3. Discussion of downtown behavior issues and additional approaches Councilor Seffinger noted the increase in aggressive behavior from people and dogs in the downtown. She wanted Council to consider- changes to the Ashland Municipal Code (AMC) that would provide educate and inform the public on panhandling, enhance law enforcement, and provide a uniform presence downtown. City Attorney Dave Lohman explained the table in the council packet was a rough draft for employees in the front office to respond to citizens who commented on the behavior occurring outside City Hall. Police Chief Tighe O'Meara reviewed the table, explained what worked well and how the Police Department strived for compliance before issuing citations. The AMC evolved over time and new circumstances resulted in new code. Calls for service for disorderly type behavior in the downtown area declined from 310 in 2012 to 199 during 2014. To date for 2015 the Police Department received 268 calls for service. The department had 721 cases pulled in the downtown area for 2012 that increased to 751 in 2013, 688 for 2014, and 719 to date for 2015. Mr. Lohman added the number of cases that went to Municipal Court in May 2015 was 35 and had doubled for October. Councilor Seffinger shared a recent experience where a man threatened her life. She asked for clarification on freedom of speech and threatening behavior. Staff explained unless there was a reasonable fear of physical harm or an eminent threat present, it was freedom of speech. The state of Oregon held a high threshold regarding freedom of speech. Chief O'Meara addressed enforcement. If someone threw away his or her citation, it went to collections with no further ramifications. The Police Department worked with the City Attorney's office to identify these people, issued warrants for persistent failure to appear, and was able to get some sanctions against chronic offenders. City law did not have a tremendous impact to mitigate the behavior of travelers. It did give the police an opportunity to interact with them and they often found major felony warrant arrests. Operationally, the Police Department was down eight people creating a lot of overtime and employee burnout. It would potentially take until early 2017 to train and ramp up new officers. Staff was looking into bolstering the Cadet Program. Currently the Police Department was paying 27 employees. Chief O'Meara explained the difference between operationally down and positions not filled. City Administrator Dave Kanner explained the City could fund the increase in Police staff by cutting something in the budget or identifying a new revenue source. If Council wanted to pursue increased uniform presence downtown, the City may need to look at a uniformed presence that was not a police officer. A couple cities had an Ambassador Program typically hired by a business association that wore uniforms and patrolled the downtown area. They provided information, monitored activity, and contacted the police if necessary. They did not intervene with a crime in progress. Chief O'Meara noted the reserve program was not in effect at this time. Using a zero tolerance tactic would produce a significant improvement but would not work well in Ashland. Mr. Lohman noted more laws were not necessarily the answer and reviewed two documents regarding Public Misbehavior Remedies and Public Misbehavior Cases and submitted them into the record. He further explained the persistent violator and failure to appear code expelled offenders from a specific area for three to six months in lieu of sending them to jail. Alternately, the City could rent Jackson County Jail space. Chief O'Meara further explained the process for renting beds at Jackson County Jail. Jackson County Mental Health Services were working on expanding services for the indigent and planned on having 9-12 mental health people in the area. City Council Study Session November 2, 2015 Page 3 of 3 Council directed staff to bring back information on the following for future consideration: • Having a Youth Outreach worker in the downtown, include pros and cons • Mental health services • Resource allocation on how police officers are allocated • Information on ways to increase public education and enforcement regarding the prohibition and use of smoking pot and open containers - include signage • Strict enforcement of alcohol and smoking laws, downtown and elsewhere • Providing police or uniform presence for 2016 • Having a general outreach person • Safety net services • Proposal on education that included a roll out, options for funding and partnering with businesses or the community like the Peace Commission and the Chamber of Commerce • Draft a panhandling ordinance targeting aggressive panhandling that would pass Oregon Court Review • Information on the Ambassador Program or similar programs • Create a strict enforcement list that included existing laws and regulations where strict enforcement might help like marijuana and alcohol use • Seasonal downtown staffing options and associated costs • Research jail space options and include operational mechanics and costs • Look into using a Downtown Streets or a Code of Behavior approach to get people out of homelessness - research the program the City of Palo Alto used and include work programs like street and creeks cleaning 4. Discussion of downtown smoking ban Councilor Seffinger explained outdoor smoke within 25 feet was as bad as second hand smoke indoors in some situations. Another major cause of environmental problems with water was cigarette butts. Cigarette butts were harmful to pets and wildlife as well. Oregon state law prohibited smoking within ten feet of a door, window, or exhaust system. City Attorney Dave Lohman added the City could choose by ordinance to opt in for the state law. City Administrator Dave Kanner clarified the ten feet was not binding. The property owner, not a criminal code, enforced it. Council expressed concern on the need to notify the public and business community for input. Other comments suggested extending the ban citywide and including a ban on vapor products as well. Council directed staff to research a citywide smoking limitation with opportunities for employee smoking areas. Meeting adjourned at 7:34 p.m. Dana Smith Assistant to the City Recorder City Council Business Meeting November 3, 2015 Page 1 of 6 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 3, 2015 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Lemhouse, Seffinger, Rosenthal and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor announced that the City is taking applications for the Annual Appointments to the Citizen Budget Committee and Municipal Audit Commission. The deadline for applications is November 13. APPROVAL OF MINUTES The minutes of the Study Session of October 19, 2015 and Business Meeting of October 20, 2015 were approved as presented. SPECIAL PRESENTATIONS & AWARDS General Manager Robert Colvin representing Central Oregon Railroad (CORP) announced that the line through Ashland will reopen to establish a freight line between Medford, Oregon and Weed, California. Train movements will begin tomorrow and will run in the afternoon. He explained that there are no set train schedules at this time for the next couple of years. In 2016, the line will be operated at a minimum of 5 days a week, two trains a day through Ashland. No exact timelines are known at this time other than one in the morning and one in the afternoon. Signals and low blown horns will be used for safety reasons and these are being tested currently and for the next couple of months. He stated that the standard speed is set at 25mph and that historically the speed through Ashland has been 20mph and he anticipates that in the beginning the speed will be closer to I Omph. PUBLIC FORUM Trina Sanford/640 Tolman Creek Rd/Spoke as a property owner on Tolman Creek and that the transient problem is not just a Plaza issue. She shared her concern that council will not give this area equal attention. She was aware of a homeless camp in our watershed and would not allow her children in the area for safety reasons. There are many reasons for concern including human defecation and fire issues. Daniel Gregg/195 Mobile Drive/Spoke regarding the cleanup of the railroad property and suggests that the council create a conference site in this area and park area. He would like to speak to someone about the property and what procedures would be necessary to bring a proposal forward. Zach Brombacher/640 Tolman Creek Rd/Commented about the problems he has had with the transient population and asked that something be done. He feels that citizens have "had enough" and that this issue has gotten out of hand. Asks that all abide by the law in order for all to enjoy our community. Suggested that this be put to a vote by the electorates that all abide by the law. Ellen Campbell/120 Gresham Street/Appreciates that the council is taking this seriously and that there are many stakeholders involved. Suggested employing ambassadors that will help to education and provide guidance to those that need assistance. She stated that citizens should be allowed to enjoy their City Council Business Meeting November 3, 2015 Page 2 of 6 community and they should not have to put up with those that will not abide to the law. JC Romero/Stated that he is a member of the community and does what he can to help by volunteering and cleaning up after others. He felt that the focus should not be on how to exclude members of the community but how to help them. He stated any further ordinances are not necessary. Alice Mallory/438 Taylor Street/Spoke regarding those human beings that are not `'travelers." She comments on the previous testimony about sexual harassment, intimidation, and other actions that affect our quality of life. She does not understand how civil liberties for those that violate take precederice over those that do not violate our quality of life. She suggested that our community take a lead to petition our legislators that they provide protection and civil liberties to law-abiding citizens in older to walk in a safe environment on our city streets. Huelz Gutcheon/2253 Hwy 99/Stated his appreciation for affordable housing but does not understand the aggressive nature of some of the homeless currently in our community. CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Appointment of Stephen Jensen to the Forest Lands Commission 3. Approval of a resolution titled, "A resolution adopting a supplemental budget increasing appropriations within the 2015-17 Biennium budget" 4. Approval of a change order in excess of 25% for the oxidation ditch wetland delineation Consent agenda item 3 was pulled for discussion and minor amendment. City Administrator Dave Kanner stated that under Section 1, Equipment Fund, the appropriation for Public Works should be $440,000, which also changes the total all funds to $563,588. Administrative Services/Finance Director Lee Tuneberg explained that there is no bottom line impact associated with the transfer of appropriations. Councilor Voisin/Marsh m/s to approve Consent Agenda items with amendment to item #3 correcting the appropriated amount. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS (None) UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Biennium 2015-2017 first quarterly financial report City Administrator Dave Kanner conveyed to the council that the first quarter financial report is not usually very revealing but that staff looks for deviations within the report. He stated that he reviews the major revenue streams, which include utility billing revenue and suggested that in the future staff could flag certain items and report on those. Administrative Services/Finance Director Lee Tuneberg stated that this is a straightforward report and it does not show any particular issues, as this is the first quarter financial report. He explained that the biennial budget makes financial reporting more complex and has caused some confusion, but he is comfortable with the change to biennial. City Council Business Meeting November 3, 2015 Page 3 of 6 ORDINANCES RESOLUTIONS AND CONTRACTS 1. First reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 9.16 to require dog licensing and declare certain dog behaviors to be public nuisances" and move on to second reading City Attorney Dave Lohman explained that the proposed ordinance is a result of prior discussion by council and concern with the increase of dogs in the downtown area. Mr. Lohman went over the proposed changes within the ordinance. He explained that the ordinance is less lenient that the county licensing law and provided examples of what dog behaviors would constitute a public nuisance. Mr. Lohman stated that there was a change by staff under 9.16.005 Definitions (F) language should be changed to be consistent with State Law by removing "domestic" and replacing with "companion dog or livestock." Staff will make this change for the second reading of the ordinance. Police Chief Tighe O'Meara explained that enforcement for a dog without a license would be complaint driven as there was no practical way to stop anyone with a dog to determine if they are licenses or not. He stated that there was a compelling reason for an officer to stop an individual with a dog this could be part of the investigation. He clarified that dogs are not allowed on the Plaza and that would fall within the compelling reason to inquire if the dog was licensed and lie understood that the ordinance stated that proof of vaccination could be used in lieu of a license. Assistant City Attorney Doug McGeary clarified that Jackson County requires that all dogs be licensed. They do allow a 30-day window for licensing of dogs. The proposed ordinance only pertains to vaccination of dogs and it was noted that there are several agencies in the area that offer free vaccinations. He further stated that the proposed ordinance does provide for automatic dismissal of citation if proof of vaccination can be provided. This could be done either in person at the Court or by mail. Sandra Slattery/Ashland Chamber of Commerce/Spoke for a collective group that supports all the proposed ordinances, as they will protect our citizens and our businesses. She offered thanks to the council for listening and understands that this is a behavioral problem and a community issue. She offered the help and assistance of the Ashland Chamber of Commerce. Staff will provide a definition for "vicious dogs" at second reading for council to consider. Councilor Marsh/Seffinger m/s to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Marsh understands that this is an appropriate ordinance and believes that our officers will use it appropriately. Councilor Seffinger stated that vaccination is important and that this protects our citizens. Roll Call Vote: Lemhouse, Morris, Rosenthal, Marsh and Seffinger, YES; Voisin, NO. Motion passed 5-1. 2. First reading by title only of an ordinance titled, "An ordinance amending Chapter 10.120.020 to add two offenses as possible elements of the crime of persistent violation" and move on to second reading City Attorney Dave Lohman presented staff report, which included an explanation on the current ordinance in place involving persistent violation. The proposed ordinance adds two additional elements that would qualify under persistent violation within a six-month period. The two elements are failing to have a dog licensed and smoking marijuana in public. Police Chief Tighe O'Meara stated that he does not have current numbers of citations issued for smoking City Council Business Meeting November 3, 2015 Page 4 of 6 marijuana in public, but does confirm that it has increased significantly since it became legal in the state... Staff will look at how misdemeanors are listed and will bring change back any changes at second reading if needed for council consideration. Deb Van Peelen/321 N Mountain/Commented on questions brought forward by the mayor on the behavior of certain individuals. She stated that she is more concerned by global issues than individual behavior and that Ashland businesses are not a good business model for a friendly and respectful atmosphere. She spoke regarding her concern on consumption of fossil fuels and would like to see our city challenged more in a global way. Debbie Miller/160 Normal Street/Spoke in support of proposed ordinances and stated that she does not condone disruptive behavior in her own home and that we should not condone this type of behavior our community. She felt that all residents and visitors are being affected by this obnoxious behavior including the danger of having unvaccinated dogs and that rabies is a serious public health issue. She thought that officers should be able to confirm licensing via the website and that tags are not necessarily proof of licensing as these could have been stolen. She urged the council to adopt all proposed ordinances that people could either abide by the city polices or leave. She felt there should be juridical consequences. Councilor Seffinger/Lemhouse m/s to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Seffinger emphasized the importance of moving forward and making our city safer. Councilor Lemhouse supported the motion and that adding the dog issue to persistent violations is appropriate. He felt that it is fair to apply this to all equally and the smoking of marijuana in public is an obvious violation to add. Councilor Voisin motion to split motion between the two offences. Motion died due to lack of second. Continued discussion on motion: Councilor Morris stated that including the dog violation is important but is concerned with moving the smoking of marijuana in public as it could affect the outer areas of downtown. Councilor Voisin could not support the motion if it included the dog violations because she felt there would be enforcement issues. She did support including smoking of marijuana in public as a violation. Roll Call Vote: Lemhouse, Voisin, Marsh, Rosenthal, Morris and Seffinger, YES. Motion passed. 3. First reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 10.120.010 to add Bill Patton Garden to existing enhanced law enforcement area" and move on to second reading City Attorney Dave Lohman presented staff report and explained the additional areas that have been experiencing increased behavior issues. Police Chief Tighe O'Meara explained that there is a long history of problems in this area and that it should have been included initially. This would correct the omission. Assistant City Attorney Doug McGeary explained that the original map omitted this area and it had been problematic for officers to determine the enhancement area. Chief O'Meara clarified that park patrol has the ability to cite if anyone is found to violate park rules. He stated that Park Rules are stricter and do apply to all city parks. He also stated that there had not been any City Council Business Meeting November 3, 2015 Page 5 of 6 significant calls for service at the library or the bus stop at this location. Councilor Lemhouse/Marsh m/s to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Lemhouse that is an evolution and that a larger area could be considered if it were a reasonable addition. Councilor Marsh felt that was a good step forward and that it would provide good tools for our officers to use. She stated that there is a larger comprehensive issue for the downtown area. That we should reclaim our public space so that we all feel safe. She does not feel that this will solve the problem but is a helpful tool. Councilor Voisin supports the ordinance but felt there needed to be better control of violations. She voiced her concern with the enhancement area and does not feel that this will change behavior issues. She felt that this was a societal problem and that it is not just downtown but the whole community. Roll Call Vote: Morris, Seffinger, Voisin, Marsh, Lemhouse and Rosenthal, YES. Motion passed. 4. First reading by title only of an ordinance titled, "An ordinance amending AMC 9.08.010 and 9.08.040 concerning keeping of animals" and move on to second reading City Attorney Dave Lohman presented staff report that included language about bringing livestock to the downtown area. The purpose of this ordinance is to clarify that large farm animals, without a permit, is not appropriate in the city. Police Chief Tighe O'Meara explained that there have been circumstances that warrant this proposed amendment. He stated that horses do not have a place in the downtown area unless there is a parade happening as this could be a dangerous and legitimate public safety issue. Mr. Lohman stated that it would be difficult to exclude horses and staff will bring back language for the council to consider that may help on enforcement. Councilor Voisin/Rosenthal m/s to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Voisin supported the ordinance and understands that livestock does not belong in the downtown area. Councilor Rosenthal stated that this is meaningful action that protects the community and supports health and safety. Councilor Lemhouse/Marsh m/s to amend motion to exclude horses from the list of excluded animals. DISCUSSON: Councilor Lemhouse explained that there still rural areas within our community and that it may be a generation issue. Horses could be considered an alternative transportation and that it is important to protect the rural history of Ashland. Staff was directed to bring back a proposal that would allow horses but keep them out of areas that would be considered a safety issue. Councilor Marsh agreed that only in certain areas that are appropriate. Councilor Voisin did not support removing horses from the last as she felt that it would be safety issue and that the city should be consistent. Councilor Morris supported the amendment but voiced concern with excluding horses. He did understand that there are still areas surrounding the city that are rural and there may need to be an exemption for these types of situations. Roll Call Vote: Lemhouse, Morris, Rosenthal, Marsh and Seffinger, YES; Voisin, NO. Motion passed 5-1. Roll Call Vote on amended motion: Lemhouse, Morris, Rosenthal, Marsh and Seffinger, YES; Voisin, NO. Motion passed 5-1. City Council Business Meeting November 3, 2015 Page 6 of 6 5. First reading by title only on an ordinance titled, "An ordinance amending AMC 9.18.020 to include additional definitions of behavior constituting elements of chronic nuisance" and move on to second reading Fire Division Chief Margueritte Hickman presented the staff report and shared her experience involving the dangers of pyrotechnics. She felt strongly that we should prevent this from happening in our community. She explained that inspections have found safety issues in our local bars and nightclubs. She felt that it was appropriate to include these types of violations in the chronic nuisance ordinance, as the impact to business would be more than just a cost of doing business for those that are found in violation. The proposed ordinance would add two fire violations to the chronic nuisance ordinance and would provide greater incentive to owners to comply as failure to comply could prevent them frorn operating their business on site. Police Chief Tighe O'Meara stated that this past Halloween night was quiet and Ms. Hickman stated that there were no incidents of overcrowding. It was clarified that all incidents, including Fire Department incidents would be included with Police incidents when considering violations. It was felt that this is an enhanced tool to help deal with problematic businesses in the downtown area. Councilor Lemhouse/Seffinger m/s to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Lemhouse stated that the addition of fire violations was important and would help with chronic nuisance offenders. Councilor Marsh agreed that this would provide more tools for law enforcement and sends a message to business owners that the city is serious about enforcement Councilor Voisin voiced her support for the ordinance. Roll Call Vote: Voisin, Seffinger, Morris, Lemhouse, Rosenthal and Marsh, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Lemhouse announced Ashland High School (AHS) Grizzly activities including past AHS student Jeremy Guthrie whose team won the Baseball World Series. The girl's soccer team will be in Hood River, girl's volleyball in Portland, boy's football this Friday playing Bend High School, which will be held at the Southern Oregon University field. It was noted that Councilor Rosenthal would be the guest announcer for this game. Councilor Voisin announced the ORS annual sleep out in tents this coming Saturday at Lincoln School field. The evening of Saturday the Peace House will hold a celebration for Ruth Couthart recognizing her community involvement. Councilor Rosenthal announced that the Ad Hoc Climate and Energy Committee would be meeting tomorrow at 2 p.m. to finalize their kick-off event scheduled for November 15 at 4 p.m. at the Ashland Historic Armory. More information can be found at ashlandclimagechallenge.org City Administrator Dave Kanner announced that electric utility discussion scheduled for the November 16 Study Session would be postponed until February. ADJOURNMENT OF BUSINESS MEETING Meeting was adjourned at 9:33 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor CITY OF -ASHLAND Memo DATE: November 17, 2015 TO: Mayor and City Council FROM: Margaret Garrington, Chair Public Art Commission CC: Public Art Commission Members Ann Seltzer, staff liaison, Greg Lemhouse, council liaison RE: Annual Report to the Mayor and City Council Mayor and City Council, The Public Art Commission is pleased to report our work over the past year and our focus in the months ahead. Gateway Island Project As you know, the Selection Panel chose "Gather" by artist Susan Zoccola. PAC looks forward to meeting with you at the study session on November 30 to review the process for this selection, the public input received for this project, and to answer your questions. Theater Corridor As recommended by the Downtown Beautification Improvement Committee and approved by the City Council, we have developed a "Call for Artists"/Request for Qualifications, for public art to be installed along the walkway leading to the Thomas Theater from East Main Street. At the request of the Beautification Committee this project seeks public art that incorporates lighting into the design so the piece is as interesting after dark as during the daytime. The RFQ will be submitted to the City Council for final approval. Once approved, the RFQ will be posted on the city web site and announcements will be posted on a number of local and regional art sites City Welcome Signs Under the direction of the city council, PAC initiated a RFQ search for designers for new city Welcome signs. Local graphic designer, Eric Warren with Rogue Design Group, was chosen for this project. The PAC and members of the Downtown Beautification Committee have met with to him to have a creative dialogue and discuss other issues concerning the signs. He has now presented the group with some design concepts. A recommendation for the signs will come before the council in the near future. Newest Public Art "Fall Splendor" a metal and glass sculpture by local artist Annette Julien was installed in early August. It is located adjacent to the top of the Calle Staircase in the Arnie Kriegel Sculpture 1 Garden below Granite Street. In addition to the beauty and fabrication of the piece, the artist incorporated some whimsy: a leaf from the piece appears to have fallen from the sculpture and is affixed to the base of the pedestal. It is wonderful to sit and watch adults and kids interact with the piece and attempt to pick up the fallen leaf. Initiated by the Watershed Art Group, " Marty" a mosaic covered concrete sculpture by local artist Jeremy Criswell depicting a pacific fisher was installed at the base of Bandersnatch Trail in October. The PAC looks forward to further collaborating with the Watershed Art Group on the solicitation and commission of public art to be sited in the watershed.. This summer North Mountain Park had three of its large utility boxes located between the ball fields and the parks building hand painted by local artist Ann DiSalvo. This project was jointly funded by the Parks Dept. and the PAC. Utility Box Test Program PAC has initiated a new approach for adorning utility boxes. The utility box pilot project uses vinyl wrapping of the box rather than hand painting. This test pilot was installed along Granite Street at the top of the Arnie Kriegel Sculpture Garden. The artwork is a composite photograph created by city employee and local photographer Brandon Goldman. We believe the technique of using vinyl wraps, versus hand painting, creates an opportunity for photographers and digital artists, in addition to painters, to participate in the utility box program. We intend to develop a guiding document for this process sometime next spring. Public Art Story Board The Public Art Commission is pleased to announce the completion of the on-line Story Map Tour of public art and is grateful to both the Chamber of Commerce and city staff for overseeing and implementing this valuable tool. The map shows the location of public art in Ashland and includes an image and brief description of each piece. The map can be accessed here: www.ashland.or.us/publicartmap Goals and Timelines The PAC is pleased with its progress to meet its goals and timelines established in 2013. We will meet this spring to develop our goals for the next three years. 2 CITY OF -ASHLAND Council Communication November 17, 2015, Business Meeting Presentation on Road Funding Lobbying Efforts FROM: Michael R. Faught, Public Works Director, Public Works Department, faughtm@ashland.or.us SUMMARY Al Densmore, John Watt Associates, LLC (JWA) will update the Council on the status of his lobbying efforts for funding of the East Nevada Street Extension project. BACKGROUND AND POLICY IMPLICATIONS: As reported to the Council at the April 20, 2015, Study Session, the City retained Al Densmore of JWA to research and lobby state and federal agencies for potential grants to pay for the remaining $3 million for the East Nevada Street extension project. Staff is pleased with the depth of Mr. Densmore's lobbing efforts for additional funding for the project. He arranged a site visit with Representative Buckley (who also looked at the railroad property site as the future central transit hub and the proposed downtown project to reduce the three-lane configuration to a two-lane configuration with bike lanes and truck loading zones). In addition to working with the usual transportation funding agencies, Mr. Densmore has been communicating directly with Governor Kate Brown's office for potential funding opportunities. While Mr. Densmore determined that our project is not eligible for Connect Oregon funds, he did identify a potential funding source for our project though the State of Oregon's General Fund. He will present a summary of findings to the Council at the November 17t" meeting. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: Per the existing six-month contract, the City of Ashland makes monthly payments of $2,790 per month to John Watt Associates for a total of $16,740. STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTION: N/A ATTACHMENTS: None Page I of 1 Minutes for the Ashland City Recorder Position ad hoc Committee October 28, 2015 Page 1 of 4 MINUTES FOR THE ASHLAND CITY RECORDER POSITION ad hoc COMMITTEE Wednesday, October 28, 2015 Siskiyou Room, 51 Winburn Way 1. Call to Order Chair Stefani Seffinger called the meeting to order at 2:02 p.m. in the Siskiyou Room. Committee members Bryan Almquist, Pam Lucas, Barbara Christensen, and Dave Kanner were present. 2. Public Forum None. 3. Review of Committee Charge Chair Seffinger welcomed the committee members. She asked if the members of the group had read the charge of the committee as presented in the packet and if they had any questions. No member had any questions. She asked if there were additional questions they felt should be added to this process. No members suggested any additional questions. Seffinger explained that additional staff resources may be used during this process for research purposes. She stated that all committee members have equal right to express themselves in this process. She also stated that there is no intent for any of the outcomes of this process to effect the current recorder position, this process is only regarding the future of the City Recorder position. 4. Discussion of Work Plan Seffinger reviewed the information provided in the packet. Christensen stated she had concerns with the information provided to Council for their August 31, 2015 study session. She stated she had expressed those concerns at that meeting. Group discussed the differences with the descriptions of the duties of the position between the Charter and the Ashland Municipal Code (AMC). The AMC is more detailed than the Charter. Both were written over 20 years ago and so are very outdated, particularly with regard to new electronic processes and duties. Group discussed the Charter requirement for periodic audits of all City accounting records. Christensen stated this is a very little used part of the position, largely because the City engages outside auditors who are experts in municipal auditing. This wasn't the case when the Charter was written. She has conducted, with staff assistance, smaller audits based on concerns brought forward by staff, Council or citizens. There was concern that an elected recorder may not have any audit experience and so may not be able to handle even the smaller-scale audits. The larger- scale ones would remain in the hands of professional auditors. Group discussed both the Charter and AMC requirements for the recorder to handle finance and tax levy duties. Christensen stated she isn't very involved with any of this, as it is better suited to the Finance Division. Group agreed that this would be a good thing to be removed from both the Charter and AMC. Group discussed the challenges of finding a singular city recorder position description. Every Minutes for the Ashland City Recorder Position ad hoc Committee October 28, 2015 Page 2 of 4 city does a variation, dependent upon the size and needs of that city. There are some basics amongst all - essentially the duties listed in Ashland's Charter, minus any financial or auditing duties. Kanner stated that when creating the potential job description which was part of the August 31 study session, staff looked at roughly twenty position descriptions and incorporated duties which where common to at least three. Group discussed how most city recorder training is on-the-job as there is very little training available beforehand. Christensen described some of the trainings and certifications available through the Oregon Association of Municipal Recorders. Christensen stated that there have been lots of non-statutory duties assigned to this position over the years. Group discussed whether those could be re-assigned to other departments. Christensen agreed that many could. Almquist reminded the group that they cannot make any major changes to the duties without a Charter amendment. Group discussed whether there was anything which could be done to protect the City from errors or concerns regarding an unskilled recorder being elected into the position. Group expressed concerns about the lack of basic requirements for the position. The uncertainty of the skill or knowledge level of an elected official is not something most were comfortable with. Christensen stated that as a recorder there is the additional uncertainty of your job being up for election every four years. This uncertainty may keep qualified or highly skilled people from seeking the office. Group discussed whether there were duties and responsibilities listed in the AMC which could be altered without needing to go for a Charter amendment vote. Both Christensen and Kanner agreed that AMC could be altered to better reflect current job duties. Group discussed the Charter section which states, "The Recorder must draw all orders for the proper payment of monies against the proper funds..." They agreed this means the Recorder must, as she currently does, sign all checks. Other banking transactions and issues, however, are better suited and should be transferred to the Finance Division. Group discussed the Recorder's duties regarding investments as stated in the AMC. Christensen stated these duties used to be a much more involved, but with recent market issues, now is mostly handled by going through the State pool, and that Finance could easily take on these duties as well. Group agreed this would be a good transition. Group discussed how much of Christensen's current time is spent on Charter required duties such as; clerk of the Council, records maintenance, check signing and the AMC required elections officer duties. Christensen stated about 50% of her time is spent on these duties. She also stated that a good portion of her time is spent maintaining the AMC, which isn't in either Charter or AMC, but is important to have someone be a centralized control. Almquist asked if the current duties were reduced to only those in the Charter, would that reduce her workload to 50%? Christensen stated that it's not clear if that's the case, due to State regulations. She stated that her assistant handles all records management issues, but not records requests. Christensen handles the business meeting of the Council, her assistant attends the Study Session and assembles the minutes for both meetings, which are then reviewed by Christensen. Minutes for the Ashland City Recorder Position ad hoc Committee October 28, 2015 Page 3 of 4 Seffinger requested that Christensen put together lists of all current duties - one list of those which are directly required by Charter, and one with all those duties performed which are outside the Charter requirements. Group discussed what means were available to handle an elected recorder who may not be fulfilling their duties. The Charter states that the Council can remove this person, and have a new one appointed by Mayor until a new election. Additionally, citizens can vote for removal from office. Group generally agreed that if the position is to remain an elected position it would be good idea to change the AMC to only reflect the duties listed only in the Charter or those which are now mandated by State laws. Group discussed whether they could have minimum education requirements for the position. Determined it could be added into the AMC, but would not be enforceable without a Charter amendment. Group determined there are three basic options they are working with: 1) Keep the position elected but have the Charter amended via vote to reflect current duties 2) Keep the position elected but update the AMC to reflect current duties 3) Amend both the Charter and the AMC to change the position to an appointed position and to reflect current duties. Group expressed concerned with the compensation requirements for any future recorder. Should we be paying anyone over $87,000 to only handle the three duties listed in the Charter? Group discussed the possible concern of the position needing to remain an independent voice for citizens. Seffinger wondered if it would help alleviate those concerns if the position were appointed by the Mayor and Council, but managed by the City Administrator. Group agreed that as the City Administrator is a direct report to the Mayor and Council, this set up wouldn't really increase the independence of the position. Christensen stated that one of the current downsides of it being elected and having such independence is that the position isn't staff and so is not particularly connected to decision making. It's hard to be a member of the team if you're elected. Group discussed the challenges with considering an elected position equal to a professional, appointed position because they have no minimum requirements and no supervisions. This is a possible argument for it needing to be appointed. On the other hand, citizens in previous Charter- related elections have preferred having an elected official. The group agreed this isn't a reason to stop consideration of the position being appointed, but wanted to clearly acknowledge the previous preferences and possible concerns of the community. Group discussed whether citizens feel comfortable approaching Christensen because she is an elected official or if it is because she has been a part of the community (and in the position) for over 20 years. They agreed that it is likely a bit of both, but may be more due to her familiarity than her being an elected official. Group wondered if there were a way to improve citizen's confidence in an appointed position if there were strong, clear requirements for that position. Agreed that with the open-meetings laws, which were not in place when either the Charter or AMC were written, having the position be an Minutes for the Ashland City Recorder Position ad hoc Committee October 28, 2015 Page 4 of 4 independent, elected official to maintain citizen trust might no longer be as necessary. Almquist stated that it is impossible to predict what would happen in an election and that the group shouldn't base their decisions on what citizens may or may not feel, but rather on the best possible decision. Christensen stated she is trying to keep an open-mind about all possibilities in order to achieve what is best for the community. She agrees that both the Charter and the AMC are antique and must be changed but isn't sure yet about appointed versus elected. Christensen wondered if there has been a history of this being successful as an elected position, would citizens see a need for change? Group discussed whether, if Charter amendments are recommended, a plan needs to be in place for what to do if that amendment fails. Discussed whether or not the group needs to come up with multiple options for consideration. Kanner stated it is always better for clarity to have one, best option. Council wouldn't have asked for this ad hoc committee if they weren't looking for one best option with clear pros and cons to show how that option came about. All members of the group agreed with this, except Christensen, who stated that she prefers the group gives Council multiple options and let them choose which they believe is best. Committee member Kanner left the meeting at 3:25 p.m. Group continued to discuss whether putting forth one option or multiple options was the best approach for the Council and the community. Group determined that they would work through all the options available and see if one option clearly becomes the strongest. Seffinger stated that the group needs to know what can be done if the electorate does not agree with this group's recommendation. It might be wise to have a second best option in the group's proverbial hip- pocket. 5. Future Meetings Schedule Group agreed that at the next meeting they would flesh out pros and cons of elected versus appointed. Additionally, they requested that Christensen bring a list of all current duties, broken out by Charter requirement, AMC requirement, State requirements, etc... They will also discuss what things have to stay in the Charter and agreed they may need the City Attorney at a future meeting to make sure their suggestions on this are legal. The next meeting will be held on November 4 at 2:00 p.m., in the upstairs City Hall conference room. 6. Adjournment Meeting adjourned at 3:41 p.m. Respectfully submitted, Diana Shiplet Executive Assistant Minutes for the Climate and Energy Action Plan ad hoc Committee October 7, 2015 Page 1 ot'2 MINUTES FOR THE CLIMATE & ENERGY ACTION PLAN ad hoc COMMITTEE Wednesday, October 7, 2015 Siskiyou Room, 51 Winburn Way 1. Call to Order Chair Rich Rosenthal called the meeting to order at 2:00 p.m. in the Siskiyou Room. Committee members Roxanne Beigel-Coryell, Stuart Green, Louise Shawkat, Greg Jones and James McGinnis were present. Staff member Adam Hanks was present. Committee member Bryan Sohl was absent. 2. Climate & Energy Action Plan RFP Hanks stated the scoring and evaluation process in the draft RFP was from a different RFP, and could be altered to suit the group's needs. More categories can be added, the group only needs to ensure that the evaluation process is as objective as possible. Group discussed whether the draft RFP contains all the specifics they want a contractor to work on. Hanks stated that some of it is fairly generic so that we can see what applicants propose or how they respond to the generic parts. The high details of deliverables will be specified in the contract. Group discussed whether they want to require as part of the project details a request that the contractor provide evaluations as to how all proposed strategies relate to each other and to the world at-large. Group determined that requesting connections with how they relate to city policies makes sense by large-scale evaluations might raise the cost of the bids too high. Adam Hanks left the meeting at 2:20 p.m. Group discussed the desire to make the end report graphic-beavy. In other words, they would like to make the final product easy to read for the general public. Decided at the very least there needs to be a summary for ease of use by the community. Group made additional changes to the draft RFP, as shown in the attached mark-up. Group discussed the weighting of the final scores. Rosenthal suggested that the group consider having Costs of Services be weighted stronger, particularly as The City has been clear as to what this project has been allocated as far as funding. Group agreed to this suggestion and increased the score from 10 to 20 points possible and to lower the Understanding of Requested Services and the Proposer's capabilities scores by 5 points each to compensate for that increase. 3. Climate Plan Kick Off Event McGinnis gave an overview of the proposed pre-kick-off events including the Hearth evening, a movie at the Varsity, etc. He stated that the Ashland Climate Challenge website is now up and running. The November 15th event will be from noon until approximately 4:00 p.m. and the last hour will be dedicated to focus groups similar to a world-cafe event. The goals is to focus on just a couple of questions for community feedback and input. Minutes for the Climate and Energy Action Plan ad hoe Committee October 7, 2015 Page 2 of 2 4. Public Forum Huelz Gutchen - thinks this is a wonderful group and is very impressed with the work they have done so far. There is a lot of work left to do. Reiterated that the Ashland Climate Challenge website is running. Stated that with the RFP going out 8 to 10 people should be hired to do the work now. We need to hire "techie" people as technology is the solution. He wondered if the group is comfortable with having people who don't really understand the techie aspects higher the techie people. We need to hire people who have engineering degrees who can learn about climate issues. He gave an example of how to speed up the process. Stated that externalities change everything and that this is all good for community involvement but not good for gaining technical knowledge. He thanked the group for their work. 5. Adjournment Meeting adjourned at 3:32 p.m. Respectfully submitted, Diana Shiplet Executive Assistant a CITY OF ASHLAND REQUEST FOR PROPOSAL Climate and Energy Action Plan Plan Development and Public Engagement Due Date and Time: 4:00 PM, Tuesday, November 17, 2015 Contact: Adam Hanks, Project Manager Office of the City Administrator Telephone 541-552-2046 adam a ashland.or.us The City of Ashland is requesting proposals for the development of a climate and energy action plan intended to identify existing and potential vulnerabilities and develop an organized and prioritized set of actions to protect people and resources from the ongoing impacts of climate change. The plan shall include targets and strategies for reduction of greenhouse gas emissions in Ashland, as well as appropriate climate adaptation strategics and actions. These targets and strategies shall identify short- mid- and long-tern achievement timelines, and shall consider cost, feasibility, community, acceptance and likelihood of success, with an emphasis on, but not limited to, voluntary measures that can be undertaken by different sectors of the community. The plan shall include a set of potential specific, measurable actions across all plan categories that citizens and local institutions can undertake immediately upon adoption of the plan. The proposed actions shall be accompanied by a methodology to assist community decision makers in measuring each proposed implementation action's environmental, economic and social costs and benefits to the community and its residents, businesses and other civic partners The plan is intended to result in climate related "wins" for the community in the near term and also function as the foundation for sustained forward movement towards longer term community goals and targets into the future. The project requires a high degree of public, City and other civic partner engagement and facilitation skills to ensure input and feedback on the plan elements is achieved with a broad and inclusive reach across all sectors of the community. 1. Background The Community The City of Ashland, Oregon (population 21,400) is located at the southern tip of the Rogue Valley, along Interstate 5, approximately 15 miles north of the Oregon-California border. Nestled in the foothills of the Siskiyou Mountains, Ashland has a nationally recognized and RFP - Community Climate & Energy Action Plan, 1 012 212 0 1 5 Page 1 of 7 City of Ashland Tony Award-winning repertory theater company, the Oregon Shakespeare Festival (OSF) that produces a variety of plays for some 400,000 visitors each year. The city enjoys a thriving arts and music scene and is at the center of major recreational amenities. The nearby Mt. Ashland Ski Area provides skiing and snow boarding. while hiking. bicycling, rafting and backpacking opportunities abound in the region. The community owns its own municipal electric utility, has an impressive parks and recreation system and an outstanding public school district that has been consistently rated among the top 100 districts in the nation. -Ashland is also home to Southern Oregon University(SOU). Nvith close to 6,000 students. Ashland offers an eclectic lifestyle in an environment that promotes communications and collaborative relationships at all levels and encourages citizen participation. The Proiect The Ashland City Council. With support and encouragement from its Conservation Commission. concluded its most recent multi-year strategic planning effort with the inclusion of the following in its two year goals and objectives list: "Prepare for the impact of climate change on the community-Develop and implement a community climate change and energy plan" The Conservation Commission has spent considerable time over the past several years reviewing and researching sustainability and climate action planning efforts of other communities within Oregon and beyond and that work has helped propel the Council and the community to undertake a greenhouse gas inventory that is currently underway and scheduled for completion in January of 2016. Previous work of the Commission presented to the City Council is included for reference in Appendix A of the RFP. It is anticipated and expected that the consultant selected for the Climate and Energy Action Plan project will utilize the previous work of the Commission and the GHG inventory as a technical foundation for the plan development and will include a robust public engagement plan to ensure that the community is a primary and involved stakeholder in the plan development and its proposed implementing actions. The plan shall be based on the best and most recent widely accepted and available science (IPCC AR5 models). The plan should incorporate both high emission (pessimistic) projections (RCP8.5) and lower emission (optimistic) projections (RCP 2.6 or 4.5). The plan should be designed to assist the community in preparine for climate extremes such as prolonged heat_ waves or extreme and/or frequent flooding events rather than upon projected average conditions, as the idc iitified extreme ; likely affect n hi id . idefi., and reseui,eeS th ne mosi. "fhe plan will focus on_both mitigation and adaptation strategies and actions -that form a coordinated and integrated approach in serving community needs and expectations with an emphasis on both voluntary and policy actions. To guide the process and assist City staff with project and plan development oversight,- a Mayor- appointed Climate and Energy Action Plan ad-hoc committee has already begun meeting and will play a pivotal role in the plan development and public engagement and input process. RFP - Community Climate & Energy Action Plan, 10/22/2015 Page 2 of 7 City of Ashland Committee responsibilities include review and recommendation of the public engagement/involvement plan, setting of targets, prioritization of implementing strategies and actions and potential phasing of initial implementation. 'I lie final draft of the Climate and Energy Action Plan is expected to be complete and ready for presentation to the City Council in January of 2017. ° 11. Protect Final ContendDeliverables! Comment [tl]: croup world like a °sutnmary narrative here to clearly define what we're looking for - it will provide better clarity than all the numbers by themselves. A. Plan document - Contents I. Incorporation as relevant of GHG inventory results (in progress) for community baselines. 2. Inclusion and analysis of local historic, current and forecasted climate trend data in sufficient detail for short, mid and long range target setting and action planning. 3. GHG reduction targets (short term, intermediate and long term) for scopes 1,2,and 3 4. Climate adaptation strategies and actions that coordinate with or augment mitigation strategies and action. 5. Clear articulation of the community's challenges and opportunities in meeting GHG reduction goals. 6. Potential implementation actions for achieving targets across multiple climate categories (renewables, transportation, energy efficiency, waste, etc) and across multiple community groups (Residential, Commercial, governmental, etc.) with estimated action costs, their estimated progress towards category target and their ability to be implemented within the community. 7. Development and use of a methodology ~o assist community decision makers in comment [t2]: a7 and ul4 seem to be identical. - If one is meant to be pointed to efforts during plan measuring each proposed implementation action's environmental, economic and social development and the other for effort s/tracking/evaluat ing on-going after the end of costs and benefits to the community, its residents, businesses and other civic partners. the processaneeas to be clearer. 8. Formatting and display of a aranhics-rich. implementation ~planj that assists City staff and comment [t3]:Isastatement ofwaninga City Council in incorporating selected implementation actions into the City's budget "laymen's-term summary" necessary? In other words, a portion ofthe final document must I easily process as appropriate. understood by the community rather than a tech- and text-heavy document only good for professionals. 9. Incorporation of'best practices from other communities as appropriate and relevant. 10. Interaction and alignment of Climate and Energy Action plan policies and implementing actions with existing policies/master plans of the City such as the Comprehensive Plan, Transportation Element and Transportation System Plan, Water Master Plan, etc_ as relevant. 11. Identification of and recommendations for resolution of potential conflicts between existing City policies/plans and the Climate and Energy Action plan being developed. 12. Integration of'other community partner GHG/Climate/Lnergy goals/targets, such as SOU, Ashland School District, OSP, City, etc. 13. Confirmation that proposed strategies and actions meet or exceed existing regional and state level GHG and Climate Action related policies and plans. 14. Development and articulation of methodology and tools for measurement process/performance tracking metrics for plan achievement and progress comment [tat: see commemon#z RFP - Community Climate & Energy Action Plan, 10/22/2015 Page 3 of 7 City of Ashland 15. Development of an ongoing reporting plan aligned with measurement process plan to inform Council and public on efforts and achievements of plan over time including recommendations on frequency and level of detail of reporting. 13. Public Engagement Process I. Development and execution Of a public engagement and involvement plan that includes tools to solicit and record public input such as online surveys. public forums, open houses, etc. 2. Public engagement plan shall be designed to achieve participation and input from all segments of the community. Factors such as age, ethnicity. income level, disabilities and others shall be incorporated into the engagement plan. 3. Public engagement plan shall also incorporate opportunities for leeal i citizens and stakeholders and on „ nit, le a eF participation based on major climate and energy topic area interest and expertise. 4. Development of a corresponding project outreach and communication plan to fllieit-foster quality involvement/input and maintain interest and project progress over project term and into the implementation stage of the plan. comment [11:5]: would like alternate word for illicit and a more clear sentence C. Project Schedule and Proposed Timeline 1. Proposed project work plan and task level timeline for completion of project services/deliverables 2. Clear assignment of responsible party for each task (consultant, City staff, City committee, etc) 111. Submittal Qualifications The City's intent is to choose the most qualified firm/team based upon proposed approach. methods, qualifications, experience, availability, understanding of project and cost estimate. Once a firm is selected, a detailed scope of services, based upon the general scope provided in the RFP, will be developed and utilized for the formal project contract. The final scope of services will identify an agreed upon project schedule. tasks, deliverables and expected expenses by major task. The agreed upon tasks will also identify respective responsibilities of the consultant. City staff and Mayor appointed committee. A. Experience in Municipal Climate Action Planning in Cities of comparable size. scale and complexity 13. PSI-PProfessional certifications potentially-relevant to proposed project C. Demonstrated understanding of the state of Oregon's regulatory construct relating to climate action and energy topic areas, D. Engagement and facilitation skills and experience in a multitude of community wide public input/feedback formats I?. Experience with G1IG Inventory, analysis-, evaluation and implementation planning F. Experience in both mitigation and adaptation policies, strategies and action planning Experience with communities that own/operate their own municipal electric utility and/or experience with communities that reside within a local electric co-op or similar structure with local control of electric utility decision making RFP - Community Climate & Energy Action Plan, 10/22/2015 Page 4 of 7 City of Ashland IV. Submittal Requirements Proposals must contain the following information: A. Provide the name, address and telephone numbers of your company, including the name of the primary contact person and his/her telephone number, fax number and email address. 13. The proposed make-up ofthe consultant team, including background of their expertise and experience relevant to the proposed project-as detailed and described in section 111111. Submittal Qualifications Documentation and relevant experience of any planned project sub-contractors ifapplicable. C. A statement affirming the applicant's ability to meet the stated estimated project timeline in the proposal for service. If not able to meet the listed target completion date, application shall include applicant's proposed completion date and explanation for proposed adjustments. D. Detailed description of your project proposal as it relates to each point for all three elements of section 1111. Project Final Content/Deliverables 1?Additional information: Please provide a summary narrative of your overall understanding of the project and your recommended approach in successfully completing the project and any other information relevant for consideration. F. References`? Sample of previous work? V. Method of Award More to come from Purchasing Agent VI. Evaluation Process 1. Evaluation Committee Proposals will be evaluated by a committee of kcy City personnel and select members of the Climate and Energy Action Committee. The City's intent is to award the contract to the proposer whose proposal will best serve the interests of the City of Ashland, taking into account the scorine criteria. below. price, as well as other considerations, including, but not limited to, experience. expertise, understanding of project and ability to meet desired estimated project completion date. 2. Scoring Criteria Scoring will be based upon the following described categories. The proposer must describe how each of the requirements specified in this RI'P are met. Responses should be clear and concise. 2.1 Understanding of Requested Service Maximum Score 4-0-5 points Demonstrate a clear and concise understanding of the scope of services being requested in this RIP. RFP - Community Climate & Energy Action Plan, 10/22/2015 Page 5 of 7 City of Ashland 2.2 Proposer's Capabilities Maximum Score 24-15 points Demonstrate capability to complete the requested services. Response must include: • k 10 points) An explanation describing how the proposer can accommodate the varying workload contemplated under the contract, including it description of anticipated response times. Comment [t61:'rhis and section 2.5 are identical. need to come up with a new bullet here or remove it • k 10 points) An explanation describing proposer's proximity to the project and how the enrirely, proposer can cost effectively accommodate working on this project Describe proposer's branch or satellite offices that will provide the requested services, indicate their location(s) and which services they are able to perform. Comment [1:7]: Group wondered inhere shoula be something regwnng they clarify how they plan to engage the community? Group suggested - 2.3 Proiect Team and Qualification Maxlmnlll Score 25 points How does proposer plan to engage the community? What ability or lintatrons (distance) do they have to physically meet ivith constituents? • (5 points) Describe the extent of principal involvement Detail the n1- herofhours and site-visits, • (10 points) Include descriptions of two or more relevant =projects, project outcomes and customer feedback received (if any). • (10 points) Describe the experience and qualifications of proposed project manager(s), (whether they are from the prime or a subconsultant) with similar interdisciplinary teams. Include descriptions of similar projects. project outcomes and customer feedback received (if any). Also provide information regarding key staff members (including subconsultant staff) who are anticipated to perform services. 2.4 Resources Maximum Score 4-5-20 points Demonstrate proposer's resources available to be allocated for the proposed scope of services. Describe any specialties or unique strengths that relate to the services requested in this RFP. Include a brief description of new or innovative methodologies or techniques to be used. InClUdlnQ the ability to provide the needed resources. 2.5 Response Time Maximum Score 2-4-15 points This criteria relates to how quickly the consultant can begin and complete the project. The consultant must demonstrate how time will be managed. 2.6 Cost of Services Maximum Score 4-0-20 points In an attached sealed envelope, provide a summary of costs including: • Professional, technical, other professional / sub-professional rate(s) • Estimated billable hours by major project element • Direct non-labor costs that might be applicable: Criteria Maximum Score 2.1 Understanding of Requested Services 4-95 2.2 Pro poser's Capabilities 2-915 2.3 Project Team and Qualifications 25 RFP - Community Climate & Energy Action Plan, 1 012 212 0 1 5 Page 6 of 7 City of Ashland 2.4 Resources -IA20 2.5 Response Time 2915 2.6 Cost of Services 4020 TOTAL 100 Points After the proposals are reviewed, additional inlormation may be requested for final evaluation. The City of Ashland reserves the right to cancel this RFP at its sole discretion. PROPOSAL REQUIREMENTS Proposals are due by 4:00 PM, Tuesday, November 17, 2015, at the lollowing physical or e- mail address: City of Ashland Adam Hanks, Project Manager 20 East Main St Ashland, OR 97520 adam( ashland.or.us • Proposals shall contain the required information and provide responses to the key elements within this Request for Proposal. • Late and/or incomplete proposals will not be considered. RFP - Community Climate & Energy Action Plan, 10/22/2015 Page 7 of 7 City of Ashland Minutes for the Climate and Energy Action Plan ad hoc Committee October 21, 2015 Page 1 of 3 MINUTES FOR THE CLIMATE & ENERGY ACTION PLAN ad hoc COMMITTEE Wednesday, October 21, 2015 Siskiyou Room, 51 Winburn Way 1. Call to Order Chair Rich Rosenthal called the meeting to order at 2:01 p.m. in the Siskiyou Room. Committee members Stuart Green, Greg Jones, James McGinnis, Roxanne Beigel-Coryell, and Bryan Sohl were present. Staff member Adam Hanks was present. Committee member Louise Shawkat was absent. 2. Approval of Minutes Beigel-Coryell/McGinnis m/s to approve the minutes of September 30, 2015, as presented. Voice Vote: All Ayes. Motion Passes. Rosenthal informed the group that at the previous night's Council meeting, the appointment of Claudia Alick to the committee was approved. The Mayor is working on appointing one additional member and some ex-officio members. 3. Climate Plan Kick Off Event Rosenthal invited Marni Koopman to give an update to the group regarding the current event plans. She gave a review of the planning progress to date. She informed the group that some of the dates listed on the flyer in the packet are incorrect, but have been corrected on the final version. Koopman reviewed the events planned for the week prior and gave a run-down of the schedule for the November 15"' event. She informed the group the planning group is in need of volunteers, most particularly for setting up the event and for running the kids' activity area. McGinnis gave an overview of the plans for the information gathering process. He described some of the ways he would like to increase interactions between all event participants. He believes the most important things to ask participants is, `what are you willing to personally do' and `what should our community do'. Jones expressed concerns that all the events occur in the lead-up to the kick-off event, but no events are planned for after the kick-off. It seems backward to him. Group discussed how the planning came about, and the challenges with calendar and timing. They also discussed some of the events they hope will occur throughout this action plan creation process. Group discussed ways to encourage kids to the kick-off event, as well as how to get them involved throughout the efforts of this group. Group asked Koopman about the event marketing plan. She informed the group what has been done thus-far. She encouraged the group to help spread the word. Also stated they are still looking for sponsors. To-date they have received lots of in-kind support, but very little in the way of financial support. Group discussed what questions will be asked as part of the First Friday polling. Rosenthal requested that Koopman bring the exact list of proposed questions to the next committee meeting Minutes for the Climate and Energy Action Plan ad hoc Committee October 21. 2015 Page 2 of 3 for further discussion and approval. Rosenthal expressed concerns regarding the wording of the announce►nent of the November 9"' event at the Ashland School Board meeting. He requested that the word, "proposal" be changed to, "presentation," as the Council and City have not endorsed this effort (it might be good, but it has not been vetted by the City). We don't want people to assume this is endorsed by the City without Council approval. Group discussed the panel members and topics covered at the November 15"' event. Hanks agreed to represent the City. Additional Conservation Division staff will be manning the City's booth. Group requested that Rosenthal participate in the event by doing a "summary" of what was discussed at the end oil-the event. He agreed to participate. Group discussed which member would do the 10 minute presentation regarding the action plan process. Sohl volunteered, so long as he has assistance from staff in writing the speech. Hanks agreed to assist Sohl in writing. The presentation will be an overview of how we got to this point in the action plan process and what we hope will occur during the process. Koopman stated that one of the presenters, Dr. Denning from Pt. Collins, will be in-town on Saturday, November l4`" and is willing to meet with this group, if they would like to. Group agreed that they would like to meet informally with him at noon, location to be determined. Rosenthal thanked Koopman for her time. 4. Public Forum Barry Thalden - commented on what a great event this seems to be turning into. He wanted the group to be sure to keep looking at the big picture, that the objective of this process is to make change happen. He stated that this will take getting action into ordinance form. Suggested the group make sure decision makers get involved, as ownership over the project is necessary for approval down the line and to keep this from being a plan that sits on a shelf. He stated that it is important to get both staff and Councilors involved. Gave examples of previous events in which Councilors participated but no key staff were involved, so progress wasn't made. Encouraged the group to get youth in the community involved as they will inherit these environmental problems. Asked that the group to consider getting someone who represents the business community on the committee. He believes the business community will need to take ownership over any ordinances. Sohl thanked Thalden for his information and reiterated his desire to have kids involved in the kick-off event. Huelz GuIchen - expressed excitement for the event. He stated that we should have done this two years ago. He handed out information to commissioners and stated that he understands his information is "techie" and hard to understand but it is important. 5. Climate and Energy Action Plan RFP McGinnis stated he would like the contractor to identify and qualify "hidden" externalities and their impacts. Group discussed whether this is beyond the expertise we're looking for and if it Minutes for the Climate and F;nergy Action Plan ad hoc Committee October 21, 2015 Page 3 of 3 would cause an increase in costs. Group was concerned that asking for lots of focus on hidden externalities isn't as useful as spending that focus and time on creating an achievable plan. They determined that many externalities will be identified through the process and so the RFP does not need to include this request. Hanks explained that the points allocation regarding cost review typically isn't weighted as heavily as the group requested at the last meeting. The scoring related to costs is separate from the scoring related to all other aspects and is not based on low-bid amounts, but rather how clearly the responder states or clarifies all their costs. Group agreed to the following scoring totals: Understanding of requested service = 10 points Proposer's capabilities = 20 points Project team and qualifications = 25 points Resources = 20 points Response time = 15 points Cost of service = 10 points Group discussed where the RFP will be posted or advertised. Hanks requested that it -group has additional posting locations they should let him know. Green/Sohl m/s to approve the RFP as amended. Voice Vote. All Ayes. Motion Passes. 6. Schedule and Agenda for Upcoming Meetings The group agreed to continue meeting on the I" and the 3`d Wednesdays at 2:00 p.m., with the understanding that some dates will need to be changed clue to holidays or lack of agenda. In the November 4"' meeting they want to discuss 1) the final preparations for the November 15`x' Kick-off meeting (including what will be each committee member's role in the event and what questions will be asked on First Friday), 2) which committee members will participate on the RFP scoring sub-committee, and 3) an update on the Greenhouse Gas Inventory process. On November 14`x' at noon, those members interested will join Scott Denning from Fort Collins to discuss the Fort Collins action plan process. Location to be determined. Group is considering canceling the November 18°' meeting. If it is held, they will have a debrief on the Kick-off event. 7. Adjournment Meeting adjourned at 3:30 p.m. Respectfully submitted, Diana Shiplet Executive Assistant Ashland Downtown Parking and Multi-Modal Circulation PAC Meeting September 2, 2015 3:30 - 5:30 pm Council Chamber, 1175 East Main Street, Ashland, OR 97520 Attendees: Marie Donovan, John Fields, Joe Collonge, Joe Graf, (chair) Dave Young, John Williams, Lisa Beam, Lynn Thompson, Michael Dawkins, Rich Rosenthal, Pam Marsh, Sandra Slattery, and Cynthia Rider. Consultant: Rick Williams Absent: Mike Gardiner, Katherine Flanagan, Emile Amarotico, and Pam Hammond Staff present: Mike Faught, PW Director, Rich Rosenthal, City Councilman and Mary McClary, Admin Assistant Dave Young called the meeting to order at 3:31PM. Public Comment (Public)--written comments may be submitted Chairman Young asked if anyone wanted to speak to items not on the agenda. No one stepped forward. Minute Approval Chairman Young asked if there were any additions or correction to the minutes. The minutes approved by unanimous consent. Review 18 month parking management plan Rick Williams wanted to review the 18 month work plan, and hopefully talk about the next 18-36 months. He also had data collection from 51 off street parking facilities on 08/21/2015 (LOAM to IOPM) and 08/22 2015 (LOAM to 1PM). He proposed a comprehensive set of strategies, programs, management, and day to day activities that were not in place in Ashland. The concept may have been new to Ashland, but was successful in other cities. It would require new resources, time, and active engagement. He reviewed the need for a manager/committee or consolidated contact as this would become a key part of this plan's success. He highlighted: 1) Centralized Parking Management 2) Establish a division called Parking with a .50 FTE to manage the plan implementation 3) Initiate an internal city discussion regarding feasibility and options 4) Complete formation by July 2016 Discussion: Mike F wondered if there was a way to hire a consultant in the interim because the city's two year budget just started and the 18 month plan does not begin until this Committee finishes their work. Rick discussed hiring a part-time person for one year to do the implementation. The members discussed staff, intern, consultant, part-time manager, job description, city resources and verification for additional staff. Pam M believed that was a good way to approach the implementation, as it would give the city/committee more time to develop the job description, and to examine the revenue sources. Rich R talked about the different options and available funding, especially concerning a two-year budget. In 2016-2017 the departments would have a better idea of what funding would be available. John F does not have the information on expected costs to get through the process of an evaluation for staffing, but wondered if those funds could be utilized directly. Rick summed up the ideas that consolidation of multiple responsibilities for this position was favorable. He introduced the next key item: Stakeholders in and adoptive work plan. This group would continue or conclude with a final plan in December to be presented to Council and then turn the recommended plan over to a stakeholder group. The new group would move forward with the implementation of details and a parking manager, advising with the implementation of the plan and become a liaison for the community. Step 3 Additional Data Collection Rick was able to complete a data collection for 5l off street parking facilities. In 2016 a scheduled data collection would be developed and be conducted on a routine basis. Step 4 Establish near-term outcomes • Set specific targets: set goals between January and June of 2016, ex: number employees to park out of downtown system. • More discussion would be needed to allow the plan to be implementable, and have a parking manager to report back to the committee was a critical path to get to the "branding". • Maximize the parking that we have. Step 5 Shared Use Outreach • Need to put together a shared use plan • local volunteers • opportunity list • 18 months may begin at any time Step 6 Simplify On-street time stays (per UO Study) • Get to 2 and 4 hours with free • Unlimited time for paid parking, except retail • manage the turnover • employees less likely to use because they would have other options • establish base standards, inside and outside the core • exception process determined by the groups, set by criteria When determining time stays in a residential areas, an agreement by the residents would need to be identified, and in addition, their ability to violate a 4-hour limitation. Long term this would be a good option. Residential and Commercial Dave Y agreed this allowed for both 4 hour time stay in residential and agreements for residents, eliminating the unused capacity. Joe G asked for clarification if these were action items the committee would approve in support of simplifying the parking system and capturing more control of the capacity in residential areas. The members discussed about implementing permit parking with a residential plan and the different examples already in existence. Pam M explained there were many variables and concerns about residential planned parking and would like to be careful of the language used in this section, as the committee does not want to give the impression they had explored all options. Cynthia R asked for clarification of where they would recommend employees would park. Rick explained off street, but the committee would not outline it until the shared use plan was developed. He also believed the existing commercial zone could be "cleaned up" now. It was however important to agree there needed to be exploration in the residential parking plan and how employees would park off street. Sandra S believed it was difficult to approve a concept when there were steps that needed to happen first, and it wasn't definite if the steps were actually possible, for example the 51 off street facilities available for employees. Rick explained the committee would true the schedule to these systems. Rick believed the core area would not be a part of the first step of 4-hour parking. Sandra S asked for clarification of the core area. Rick went over the zoning map and the time parking. Mike F offered to put together a map of the area in question and distribute it to the members. Joe G still wondered if the committee was approving a concept or a time line of steps. Rick clarified on the process and time line for this, the committee had a total of 5 meetings, needed to look at the big picture and not the details. Rick was hoping to display a "logic and a reason" to generate questions that would initiate discussions and planning. The timeline was useful to help drive the project and get it done. Marie D asked about the threshold, a solid long term vision and plan, versus options that were tried without backup plans. Rick spoke to the committee regarding making some visible changes within the 18 month plan and using that plan to determine where they go in the future. Step 7 Deploy brand through off-street signage upgrade • designer for branding • deploy new off street signage by December 2016 • possibility of in right of way, wayfinding systems Step 8 Expand bike parking network Increase bike parking opportunities throughout downtown 1) bike lanes 2) on sidewalk identify locations 3) bike corrals identify locations 4) on private property negotiate participation 5) inexpensive 6) marketing Step 9 On-street Pricing • Utilization of revenue invested back into project • Premium rate parking, value rate parking Example of revenue potential: 1,000 on street parking stalls, charging $1/$6 per day (2 hours maximum) $6,000 dollars per day times 180 days =$1,080,000.00 per year. Lynn T offered the idea of easy payment options for example pay by phone applications. Step10 Wayfinding (in rights of way) by 06/2016 • Need Brand • existing lots • electronic options • all lots have address not a name Long term solutions 18 - 36 months Firm up the 18 month plan, then based on good data, proceed to discussions on street pricing, employee permits, branding the system, permit options, marketing roll out, accelerate finding information on a garage or shuttle system and get pricing/costs. QUESTIONS Joe G wanted to make sure he understood the plan correctly, to make sure it was clearly defined because some aspects were study and in other places there seemed to be action items. Rick would go back and re-define the plan language. The committee wanted to understand exactly what changes they were approving. Identify decisions to be made. Initial Data Findings 51 surface lots---1,998 stalls minimum 12 hour survey---physically counted (city and private) August Friday, 08/21-12 hours • Peak hour 1 pm to 2pm • off street parking 54.7% occupancy in peak hour • 906 empty stalls, may or may not all be a feasible option, create opportunity list • 4 city lots, 343 stalls • parking garage mostly full during prime times • prime stalls in the core Saturday, 08/2213 hours • empty stalls 44% occupied • city lot 100% all day (one lot) Estimated cost to build a parking garage: $8 million dollars Rick remarked it would be reasonable to put a program in place that would open up 200 stalls. He would get the maps and data information to the committee for the next meeting. Mike F explained once the lots were determined then he would work to make them safe. First he would ask Kim our traffic engineer, to evaluate and work on the details. Pam remarked the sites on the other side of the RR were really shuttle dependent. Rick also mentioned they had not considered other sources of parking like hotel or commercial parking. It was determined the next meeting would be in October the week of the 12-16`h, and the meeting was adjourned at 5:23PM. Respectfully subinitted by: Mary McClary Administrative Assistant City, ofAshland ASHLAND HISTORIC COMMISSION Meeting Minutes October 7, 2015 Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room REGULAR MEETING - CALL TO ORDER 6:0p.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, Mr. Giordano Commission Members Absent: Council Liaison : Carol Voisin Staff Present: Staff Liaison: Mark Schexnayder; Clerk: Regan Trapp APPROVAL OF MINUTES: Ms. Kencairn motioned to approve minutes from September 2, 2015. Mr. Swink seconded. Mr. Giordano abstained. No one opposed. PUBLIC FORUM: There was no one in the audience wishing to speak. Mr. Skibby requested that old business be moved up on the agenda before the Council Liaison report is given. OLD BUSINESS: Dan Merrill and Bruce Dickens with Ashland Parks and Recreation addressed the Commission. They would like the Commission to consider a request to place a plaque on a large boulder in Railroad Park. The plaque would commemorate the ceremony in which a golden spike was driven on December 17, 1887. Mr. Merrill and Mr. Dickens would like to present to the signs and plaques committee of the Arts Commission and have the backing of the Historic Commission. Ms. Renwick requested that the Commission help choose the actual plaque and stated she sent Mr. Merrill some design ideas prior to the meeting. They discussed that having the plaque presentation as part of Historic Preservation week would be a good idea. COUNCIL LIAISON REPORT: Ms. Voisin gave the Council Liaison report. Mr. Skibby read aloud the procedures for public hearings. PLANNING ACTION REVIEW: PLANNING ACTION: PA-2015-01517 SUBJECT PROPERTY: 209 Oak St., 221 Oak St., 225 Oak St. and 11 B St. OWNER/APPLICANT: Spartan Ashland Natalie Real Estate, LLC AGENTS: Kistler, Small & White, Architects DESCRIPTION: A request for Outline Plan, Final Plan and Site Design Review approvals for the properties at 209 Oak Street, 221 Oak Street, 225 Oak Street and 11 B Street. The proposal includes the renovation of two existing, historic homes; the construction of six townhouses along B Street; and the construction a new, detached residential cottage. Also included are requests for a Variance to allow a 15-foot wide, one-way driveway where a 20-foot driveway width would typically be required; two Conditional Use Permits to allow a 25 percent increase in the Maximum Permitted Floor Area, and to allow a commercial use within an existing, historic residential building; and an Exception to the Street Standards to allow a curbside sidewalk along B Street where a planting strip would typically be required between the curb and sidewalk. COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1 E 09613; TAX LOTS: 15600, 15700, 15900 and 16000 Mr. Schexnayder gave the staff report on PA-2015-01517 Mr. Skibby opened the public hearing to the applicant. Leslie Gore of Kistler, Small, White addressed the Commission. Ms. Gore stated that the applicant had already addressed the Commission with design information previously and that she was there to answer specific questions on the planning action. She emphasized had she been told to bring in specifics on design she would have, but that the Commission had already seen the presentation previously. She assured the Commission that the applicant will be restoring the buildings to historic integrity. Ms Gore went on to say that the applicant would like to continue on to present to the Planning Commission the following week. Mr. Skibby closed the public hearing and opened to the Commission. Historic Commission's recommendation is to continue this planning action until November's meeting where the applicant can provide more detailed information. Mr. Giordano motioned to continue PA-2015-01517 until November's meeting. Mr. Whitford seconded. No one opposed. The Historic Commission provided the following comments for the applicant to consider: 1. The cottage setback is a good use of space and preserves the character of the property. 2. The exclusion of a park-row along B Street is appropriate. 3. The slanted partitions separating the condominiums along B Street are not desirable. 4. Design development drawings would be helpful. 5. Details on materials and design specifics are needed. 6. The Historic Commission would recommend against a Conditional Use Permit for the commercial use of the historic home on the corner of Oak and B Streets. 7. Metal roofing is not appropriate. 8. Detailed drawings of the condominium porches are needed. PLANNING ACTION: PA-2015-01695 SUBJECT PROPERTY: 399 Beach Street OWNERIAPPLICANT: Chris and Samae Chlebowski DESCRIPTION: The property owners are proposing to construct a new garage to facilitate off-street parking. Due to circumstances on the property, the application requests a Variance from the standard setbacks. COMPREHENSIVE PLAN DESIGNATION: Multi- family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1 E 09DD; TAX LOTS: 1200. Mr. Schexnayder gave the staff report on PA-2015-01695 Mr. Skibby opened the public hearing to the applicants. There was no applicant present to address the Commission. Mr. Skibby closed the public hearing and opened to the Commission. Mr. Swink motioned to approve PA-2015-1695 with recommendations below to go to the review board for approval. Mr. Shostrom seconded. No one opposed 1. The proposed garage siding should match 1 x 6 large V groove on the existing cottage. 2. The proposed garage door(s) should be historically compatible. 3. The proposed garage roofing material specifics are required. Mr. Skibby requested that PA-2015-01846 be moved up on the agenda as the applicants were present and no applicant was present (at the time) for PA-2015-01769. PLANNING ACTION: PA-2015-01846 SUBJECT PROPERTY: 345 Lithia Way OWNER: Randolph Hays LLC APPLICANT: Kistler, Small, White, Architects DESCRIPTION: A request for a minor modification to a previously approved Site Design Review (PA-2014-01226). The proposal is to replace the decorative porcelain tile with a wall mounted, decorative steel element. The steel component is a free form design that will be unique to this location and produced by a local artist. The steel element will be attached to the existing concrete masonry wall and will have a clear finish to prevent the rust from staining surrounding finishes. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP: 39 1 E 09BD; TAX LOTS: 1801. No staff report was given for PA-2015-01769. Mr. Skibby opened the public hearing to the applicants. Matt Small with Kistler, Small, White addressed the commission. He introduced the artist, Kirk Imus, who will be doing the steel work on the Growler as part of the modification submittal. Mr. Imus will be adding a steel element that would replace the porcelain tile that was originally proposed for the building. Mr. Skibby closed the public hearing and opened to the Commission. Ms. Renwick motioned to approve PA-2015-01769 as presented. Mr. Ladygo seconded. No one opposed. PLANNING ACTION: PA-2015-01769 SUBJECT PROPERTY: 860 C Street OWNER/ APPLICANT: Emily Inget/ Ben Treiger DESCRIPTION: The request is for a Conditional Use Permit for a roof expansion on a non-conforming two story dwelling. The existing dwelling is three feet into the public right- of-way. The proposed development will involve replacing the existing flat roof with a gable roof. COMPREHENSIVE PLAN DESIGNATION: Multi-family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1 E 09AD; TAX LOTS: 8600. Mr. Schexnayder gave the staff report on PA-2015-01769 Mr. Skibby opened the public hearing to the applicants. Ben Treiger, General Contractor of 237 Talent Ave, Talent OR, addressed the Commission. Mr. Treiger stated that the applicants are looking to make this a family home with a better use of space. He remarked that they have limited means and are trying to increase the historic compatablilty of the home. Mr. Skibby closed the public hearing and opened to the Commission. Mr. Shostrom motioned to approve PA-2015-01769 with recommendations below. Mr. Swink seconded. No one opposed. 1. Include Board and Batten Siding with a Belly Band on proposed home addition. 2. Plate height and gutter height should match on both the existing home and the addition. 3. The window headers on the home addition should match each other. 4. Slider windows are acceptable. NEW ITEMS: Review board schedule Project assignments for planning actions PAC Gateway Island proposal The Historic Commission requested that a separate agenda item be added for the November meeting regarding the Gateway Art Project so that the public may comment. They will also discuss recommendations to give to Arts Commission. The Commission's recommendation is to continue this until the November meeting. Mr. Schexnayder spoke about the Oak Street wig wag on the railroad crossing sign. Mr. Schexnayder stated that the Public Works department would like to donate the wig wag sign to the Historic Commission to be preserved. The Historic Commission recommends that the wig wag be restored and put back on the crossing if possible. DISCUSSION ITEMS: Mr. Schexnayder spoke about the CLG study session and stated that they would not be having any more meetings until 2016 due to time constraints. COMMISSION ITEMS NOT ON AGENDA: Mr. Schexnayder spoke about an upcoming Historic Preservation conference and stated that they need a speaker on September 24, 2015 to give a welcome speech. It was discussed by the Commission and no one was able to do it this time. _ Review Board Schedule October 15th Terry, Bill, Kerry, Dale October 22nd Terry, Tom, Allison October 29th Terry, Bill, Andrew November 5th Terry, Keith, Sam Project Assignments-for Planning Actions PA-2014-01956 Lithia & First J All PA-2014-00710/711 143/135 Nutley - - Swink & Whitford - - - 1 PA-2014-01283 172 Skidmore Shostrom PA-2014-00251 30 S. First St Whitford I~ 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 - - Skibb - Y - - PA-2015-00493-- 37 N. Main - - - - - - - PA-2015-00878 - 35 S. Pioneer Ladygo PA-2015-01163 868 A' Street Kencairn PA-2015-00980 637 B' Street Shostrom t - PA-2015-00797 1266 Third Ladygo PA-2015-01115 34 S. Pioneer Ladygo PA-2015-01496 43-5 S. Second-Winchester Inn--- --Shostrom - - - - PA-2015-01512 198 Hillcrest Swink - PA-2015-01695 399 Beach - Skibby - - PA-2015-01769 ~ 860 C Renwick ANNOUNCEMENTS & INFORMATIONAL ITEMS: Next meeting is scheduled for November 4, 2015, 6:00 pm. There being no other items to discuss, the meeting adjourned at 9:05pm Respectfully submitted by Regan Trapp CITY OF ASHLAND Ashland Housing and Human Services Commission Draft Minutes September 24, 2015 CALL TO ORDER Chair Boettiger called the meeting to order at 4:30 pm in the Siskiyou Room at the Community Development and Engineering Offices located at 51 Winburn Way, Ashland OR 97520. Commissioners Present: Council Liaison Joshua Boettiger Pam Marsh, absent Rich Rohde Heidi Parker SOU Liaison Gina DuQuenne Vacant Regina Ayars Coriann Matthews Staff Present: Linda Reid, Housing Specialist Commissioners Absent: Carolyn Schwendener, Admin Assistant Sue Crader Approval of Minutes Rohde/Parker m/s to approve the minutes of the August 27, 2015 Housing and Human Services Commission meeting with corrections. Voice Vote: All ayes, minutes were approved. Public Forum Jim Bryson introduced himself. Mr. Bryson has lived in Ashland for over twenty years and recently retired from Options for Southern Oregon in Josephine County. Options is a nonprofit Mental Health Agency located in Josephine County. Darrell Pearce was also present and he too is semi retired from Options. He and Mr. Bryson both have a background in affordable housing developments. They were interested in hearing what the Commission does and might be interested in joining. Tom Buechele introduced himself acknowledging that he has applied to become a Housing and Human Services Commissioner. Mr. Buechele and his wife have lived in Ashland for about a year and a half. He is a retired Episcopal Priest and has a background in social service work having worked on the border of Mexico and Guatemala for over nine years. Torri Uyehara is the 2015-2016 Southern Oregon University Student Body President and was present to explain the process of choosing a SOU Liaison for this Commission. Ms. Uyehara acknowledged that currently there are two SOU applicants that would like to serve on the HHS Commission. Next Tuesday will be their first Senate meeting at which time the applicants will present their case for being chosen for the position. The Senate will then formally endorse one of them and hopefully have them approved before the next HHS Commission meeting. 2014 CDBG CAPER REVIEW AND APPROVAL The City of Ashland is an entitlement city under the U.S. Department of Housing and Urban Development's (HUD) CDBG Program. Reid explained that each year the city awards grants and then writes a Consolidated Annual Performance Evaluation Report (CAPER) explaining how the city was able to meet the five year goals identified in the 2010-2014 Consolidated plan. For the program year 2014 the city awarded the following three projects with CDBG funds. • Maslow Project - $7,500 to provide education, outreach, resources, referrals and case management to Homeless and at-risk youth and families in the Ashland school district. • St. Vincent De Paul - $18,000 for their Home Visitation Program and to provide rent and security deposit assistance. • Habitat for Humanity - $41,300 to assist the organization in completing critical home repair projects including energy efficiency upgrades and other ADA accessibility remodel activities to better serve people with disabilities and their elderly. Reid summarized the CDBG timeline. • CAPER is done in September • RFP's are issued in January • The applications are due in February • In March the applications are reviewed and scored • The applications go before the City Council in April for approval • Reid will draft an Action Plan in May • July the program starts again The Commission made a few minor formatting suggestions to the report. Matthews/Rohde m/s to approve the CAPER report with the suggested corrections. Voice Vote: All ayes, motion passed. Annual Council Update Reid pointed out that the HHS Commission is scheduled to present their annual update at the October 20th City Council meeting. Matthews volunteered to represent the Commission and present the update. Rhode, Ayars, Boettiger and Reid will also attend. The Commissioners discussed the following topics in which to review with the Council. • The success of the Social Service Grant process • Housing Trust Fund • Student Fair Housing Ordinance • SOU Student Liaison • Training Southern Oregon Rental Owners Association The Commissioners commented that it might be a good idea to be prepared to answer questions from the Council surrounding the downtown homeless situation and what the HHS Commission might be doing to address the problem. It was agreed that CDBG funding through the Social Service Grant process of the Ashland Community Resource Center is their way of addressing the homeless problem by providing service to them. This Commission also had a presentation from Chief O'Meara about the homeless situation and offered to work with him and the police department if needed. Reid invited the Commissioners to the November 13th City Council meeting in which new ordinances that are linked to the homeless issues will be discussed. Student Fair Housing Because at this time there is not a SOU Liaison to the HHS Commission SOU Student Body President Torri Uyehara who was present, offered assistance and to answer any questions. Ms Uyehara acknowledged that the student government is working to insure that students are not discriminated against by landlords in Ashland. The group discussed the best way to protect students: creating a protective class for them or designating students as an occupation. Another suggestion discussed was the designation of disparate impact. It is the Commissions desire to support the students and they would like to move forward with identifying the process as soon as possible. Ms Uyehara asked what the timeline would be for adopting an ordinance protecting students. Reid explained the process to Uyehara emphasizing the need for more outreach and feedback. The Commission is still interested in contacting ACCESS to offer their "Ready to rent" class to SOU students. Reid said it would most likely not be until February of 2016 before the Commission would be able to present to the Council. Put this topic on next month's agenda. Normal Plan Update Goldman gave a brief overview of where the Normal Neighborhood plan is in the process. The public hearing portion has been closed and the ordinance will be coming back to the Council on October 6th for deliberation. Goldman reviewed what the HHS Commission's role could be in the long range planning process. The Transportation Commission and the Planning Commission in their powers and duties are recommending bodies; perhaps the HHS Commission could be a recommending body as well. HHS could play a role in looking at a variety of housing types to insure that the housing needs of the Community are being met. With future neighborhood projects and master plans it was suggested that a working group could be created with representatives from each of the Commissions including the HHS Commission. This would insure that the Commissions would play a role earlier in the process. Ayars and Reid will draft a letter to Bill Molnar, the Community Development Director, and the Mayor expressing the Commissions desire to be a part of the process. Housing Trust Fund Sub-Committee Report and Discussion The Housing Trust Fund sub-committee met and reviewed the demographic information from the Housing Needs Analysis. The Housing Needs Analysis points out the Community gaps and Community needs which was one of the directions from the Council. They also looked at what formula could be used to come up with an amount. The committee looked at information provided from the Center for Community Change on Housing Trust Funds and got some good information and felt encouraged to create a little one pager about the Community needs and how to formulate funding to address that. A discussion topic was to get a stronger handle on what funding sources are available to the City. Goldman has contacted Lee Tuneberg, Administrative Services Director for the city, in order to identify the potential funding sources. Mr. Tuneberg is willing to work with the commission to outline the different potential funding sources and determine what is already allocated and what might be available. The Commission will invite Mr. Tuneberg to a future meeting. The sub-committee agreed they need to have a pretty quick timeline and will need another meeting. They will meet on October Vt Liaison Reports Marsh was absent but Reid gave a brief report for her. The Normal Street Master Plan will be on the agenda of both the regular meeting and the study session in October. Reid called attention to the fact that Marsh was interviewed about Housing with the Rogue Valley Messenger. She will send a link to the Commissioners. The ordinances surrounding homeless issues in the downtown area will be discussed at the November 3rd City Council meeting. Voisin has asked for a discussion on social service grant funding to be put on the agenda at an upcoming council study session. Reid attended a livability solutions forum regarding housing, transportation, and accessibility -Ashland rated in the top 10 livable cities on the livability index. October 24, 2015 Meeting Agenda Items Fair Housing discussion Quorum Check: Next Housing Commission Meeting - 4:30-6:30 PM; October 22, 2015 Boettiger will not be able to attend. Adjournment The meeting was adjourned at 6:15 p.m. Respectfully submitted by Carolyn Schwendener ASHLAND TRANSPORTATION COMMISSION August 27, 2015 Minutes Commissioners Present: Dominic Barth, David Young, Danielle Amarotico, Alan Bender, Chair: Joseph Graf, and Corinne Vieville. Commissioners Absent: Mike Morris, Staff Present: Scott Fleury, and Mary McClary CALL TO ORDER Chair Joseph Graf called the meeting to order at 6:02pm in the Civic Center Council Chambers, located at 1 175 E Main Street. Chair Graf asked if there was anyone in the audience that wished to speak to anything that was not an agenda item. No one came forward to speak. CONSENT AGENDA Approval of Minutes June 25, 2015 Danielle Amarotico corrected page 3, second sentence, under Grandview Shared Road: The sentence should read "A slurred road is essentially a shared space between vehicles, bikes and pedestrians." David Young wanted to clarify page 4, under section: N. Main Loading Zone: David Young met with Mike Fought to specifically discuss the draft design for the continuous bike lane for downtown. Current(}, large trucks doable park to load and unload, and two (2) of the businesses park their smaller vehicles in the yellow zone to unload and have been cited. It was determined to temporarily create a loading zone in the last space to allow loading/unloading. The final sohuion/decision would be based on the recommendation from the downtown parking committee. David and Mike met with business owners on the block (Brothers, Liquid Assets, Spice and Tea Exchange) and presented them with a current design plan for the corridor. During that meeting, there wets some dialogue regarding parking issues and solutions. In addition, Diamond Parking's ticketing of smaller vehicles unloading/loading in the yellow ;one was discussed and they were: in agreement to reserve a space to allow unloading and loading. Chairman stated the minutes stand approved with the amendments. There were no objections. ANNOUNCEMENTS Scott Fleury announced the City of Ashland was having a City Volunteer Appreciation BBQ Sunday from 3-5 at the Oak Knoll Golf Course. Please contact Barbra Christensen if anyone would like to attend. PUBLIC FORUM None stated NEW BUSINESS Ashland Shuttle Donna Swanson, 863 Plum Ridge, Dr. Ashland dona.swan4l @gmail.com and a committee group presented a report entitled "E-Shuttle Group Report". Different persons read different parts of the report. (attached) Citizens who spoke regarding the E-Shuttle Group Report: Donna Swanson, 863 Plum Ridge Dr. Louise S, 878 Cambridge Elizabeth W, Plum Ridge Dr. Elizabeth H, Mountain Meadows Cir. Roy, 989 Golden Aspen Place Diana O, 929 Mountain Meadows Cir. Susanne C, 777 River Rock Rd. James S, 640 Oak St. The report was attached and outlined a Si-tinni ary and Next Steps for the Commission to review and discuss. The E-Shuttle Group attends meetings with the City Council, Transportation Commission, Downtown Parking Management and Circulation Ad Hoc Advisory Committee in order to represent and to move ahead on the e- Shuttle/Trolley project. They highlighted in their vision a Downtown Ashland Rapid Transit (DART) electric bus system that would reduce the city's carbon footprint and work to provide a healthy environment for transportation. Their goals were to provide transportation to a population that would otherwise not have a way to utilize the city. They believe it would address parking and traffic flow concerns, support the City Council, Conservation Commission and the State of Oregon in their goal to reduce greenhouse gas emissions, benefit businesses, and help tourism. They asked the Transportation Commission to support their project and develop a pilot project that would utilize a shuttle and also partner with RVTD. They envision starting small and eventually expand to operate in the whole city. The group researched electric buses, recommended the BYDK7430 foot Mid-e Bus and the cost would be approximately $275,000 without the batteries that could be leased. Included in their report, Appendix B was information on smaller cities and their use of transit and mobility investments with a breakdown of multiple sources for funding. Appendix C showed pictures of the recommended electric bus. They suggested someone write grant proposals, a business plan, and put together- a multitude of funding options for the project. They commented on Stanford University who was utilizing these buses, starting with 3 electric buses and successfully grew to 30 buses. The system paid for itself and was run by the University's Transportation and Parking Department. They showed a PowerPoint presentation which outlined some ideas on how our community could utilize the system, and pay for itself, select a vendor, become cost efficient, compared fuel costs, maintenance, internet access and environmentally consciousness. Danielle Amarotico asked how they saw themselves integrating with RVTD and they believed their relationship with RVTD would be critical in trying to figure out the routes. They believe RVTD should be included in the discussions when moving forward. Corinne Vieville asked about the routes being able to access the streets of Ashland where there was no transportation now. They believed that starting small, using the routes that the TC had already mapped out would work best and then extend in the future. There was some concern about the bus going up hills in Ashland and James spoke about the same type of bus was used in San Francisco. Corinne mentioned it was presented to the Commission seemingly individualized but it appears more like a standard bus principle route. Dave Young remarked it was meant to be a first step plan, not a fully flushed out plan, looking for partnerships and looking for support from a committee/working group that would identify more the details later. They want to start with a pilot project that would address all types of concerns and they offered to do more work on the plan. Dave went through what the route would include, which would start at exit 19. Dominic Barth spoke about an attempted partnership with RVTD with Federal grants that failed, but wanted to know if the bus worked. Mike F explained that the TSP updated plan included an increase of service dates and times, evenings and weekends. There was a 3-year grant used for that purpose which did show an increase in ridership. That model worked well, especially the weekend and evening service. Mike believed the e-group was proposing a different plan than what the grant project accomplished. David remarked when the city subsidized RVTV to create a free ridership, the buses were full. When the city reduced the subsidy to pay for half of the cost of the ride, the ridership was already decreasing, so the city voted to stop subsidizing the fare. Mike offered to bring the reports to the Commission detailing that project if they wanted to review, them. Alan Bender spoke in support of transit, and Ashland being seasonal, wintertime parking didn't seem to be a huge problem. He believed there were a lot of issues to work through. Corinne wondered what the impact on the environment would be because of the batteries. James S. remarked the battery was guaranteed for the life of the bus and then recycled. Their recommendation would be to buy the bus, but lease the batteries. They discussed the maintenance of these busses compared to hybrid diesel buses and traditional busses. Dominic wondered what the city resident's reaction would be to fund this project with parking fees, and they remarked, "Unpopular". David spoke about the Downtown Committee's research on paying for alternative transit with parking fees, and discovered paid parking would be more effective. Corrine spoke about the quietness's of some cars for people and the problem it poses for people who could not hear or see them. These busses would be based on the newest technology and there were discussions about adding some noise to quiet vehicles, but nothing confirmed as of yet. The Commissioners discussed the TSP plan and how it related to the E-Project plan. David remarked about the TSP plan consisting of a rubber lire trolley. He hoped the committee would look at supporting and the benefits instead of reasons not to move ahead. He believed there are other users that would help with the restraints or problems when the plan was being detailed. The Commission explored the idea if this would be important to the city, they should take the lead, and Corinne reminded this plan would involve staff time. David spoke about the TC doing some background work and could make it an agenda item, working with the presenters, not necessary take staff time. He felt the question was do they want to be part of this process. Mike F explained as the Commission thinks about moving forward with a possible sub-committee, there would be no available staff support. Most likely they would need to hire someone to do the work needed. Joe G asked for this item to be put on the agenda for the next Commission meeting. Alan remarked this type of project moves the city toward a higher level and making Ashland as leader. Joe G announced the next item and asked to move the traffic crash summary immediately following. Water St. Parking Prohibition Scott F recapped the process about parking constrictions within the city. He remarked that Water Street did not have any parking restrictions presently and it was out of the zone for Diamond parking to enforce. Dave suggested no action on this item and Corinne agreed with that statement. The consensus of the Commission was to take no action on this item. Traffic Crash Summary Officer MacLennan reported there were more DUI crash related events; and more hit and runs accidents. The Commission discussed the crosswalk at Lithia and 3`1 and Scott reported Public Works was going to have some intersections reviewed by Kim, their consultant. Officer MacLennan spoke to the Commission about how Insurance agents hold both drivers partially responsible if they do not determine fault. He feels the citation is important. He also talked about marijuana and how officer training covered all drug impairment. David thanked him for his viewpoints and coming to support the Commission. OLD BUSINESS None Stated. FOLLOW UP ITEMS Downtown Parking and Multi-Modal Circulation Study Update-Chair Chairman Joseph Graf reported the Committee continues to meet with a consultant 3-4 times who was focusing on parking. Circulation had not been addressed yet, while they were looking at different ideas for parking. Some of the issues were how to pay for a parking program when there was free parking, and how to incorporate multimodal use. They had agreed in theory on guiding principles. Mike F added the next step would be an 18 month plan to be managed. The consultant proposed a permanent downtown parking committee and additional staff to oversee the on-going issues. Grandview -shared road status Scott spoke about the Grandview shared road status and how to move forward. The report included in their packets had information on how to transition a road into a shared road and some other features to review. There was an update to include a shared road that was going to Council for approval. He spoke about having a citizen meeting to review a proposal for Grandview. Staff believed a public meeting was possible around spring. Dominic stated if they have a standard for a shared road, then tonight's discussion was already an exception. Mike F explained the discussion with the neighborhood would be to make sure everyone understood why it needed to be changed. Joe explained the change was approved in 2010, but not the standard drawing. (specifics) Mike F explained in order for Council to adopt they have to have standard drawings. David spoke about the two commissions involved with the TSP almost already defining shared roads based on dimensions. Mike stated they needed a final design. He stated Grandview would change from 25mph to 15mph and talked about educating the citizens with the impacts of the decisions made. Mountain Ave. signal timing Scott reported to the Commission he talked to ODOT and they would look at the existing system. Public Works was going to move forward with purchasing new controllers to help solve the situation. The intersection of Indiana and Ashland St. already had the new controllers due to the SOU upgrade. N. Main Crosswalk Analysis Steve gave a quick update-- the designs were completed to meet ADA requirements and would talk to Kim about finalizing them with ODOT. The designs were for both the Van Ness and Nursery crosswalks. INFORMATIONAL ITEMS Action SummM Chair asked for any question or comments on the Action Summary. There were no comments. Oregon Impact September Newsletter None stated. COMMISSION OPEN DISCUSSION David talked about next month when a representative from United Way would attend the meeting to explain the shared bike rake with 6 bikes. He would like to encourage them offering more rakes to the city, but would like to see this communicated to the Commission. The Commission was not informed. Joe mentioned he would not be available for the Mayor's brown bag lunch (09/25/15 at noon) and wondered if anyone would like to attend and represent the Commission. Joe brought up the busses on North Main and wondered if someone would look at that. He talked about the turn lane and the traffic's choice to get around the busses. He wondered if the bus stops could be moved. Mike F explained in the design of the road diet every once people go around the busses. David Y watched the lane fora month and didn't feel it was an issue. Joe talked about the double yellow line. Mike F said he would review that section. David remarked we had a vacancy if anyone knew someone who would like to serve on this Commission. He knew of someone applying and Mike F would check on that application. FU'T'URE AGENDA TOPICS • United Way Bike Share • Public Outreach/Education-Oregon Impact Programs • Traffic Control Resolution Update • Traffic Crash Summary PD letter ADJOURNMENT The meeting adjourned at 8:07pm and the next meeting would be September 24, 2015. Respectfully Submitted by: Mary McClary Administrative Assistant City of Ashland CITY OF -ASHLAND Council Communication November 17, 2015, Business Meeting Resolution Authorizing Financing for the Garfield Park Improvement Project and Reimbursement of Expenses FROM: Lee Tuneberg, administrative services/finance services director, tuneberl@ashland.or.us SUMMARY Improvements to Garfield Park were included in the 2015-2017 biennium budget and adopted as part of the Ashland Parks and Recreation Commission's Capital Improvements Plan. On September 28f' the Commission approved the plan for the project, payment of debt service with Food & Beverage Tax (F&B) proceeds and requested staff to seek approval from City Council to obtain financing for all costs relating to the project and financing. This resolution authorizes the Finance Director to move ahead with the financing and reimbursement of costs that occur prior to receipt of any loan proceeds. BACKGROUND AND POLICY IMPLICATIONS: This resolution authorizes financing of capital improvements at Garfield Park. The Finance Director has been working with a financial advisor and bond counsel to put together a financing that balances costs of issuance, interest rates, continuing disclosure requirements and reliability of revenues to annually meet debt service. The Ashland Parks and Recreation Commission has committed to using Food & Beverage Tax (F&B) proceeds dedicated to open space acquisition and park improvements to pay for the project and related costs including issuance and debt service costs. When considering the estimated project cost of $850,000, and $20,000 for financing, the total amount is too small to justify the process and costs for issuing bonds. Additionally, the F&B revenue stream currently ends in FY 2030 which leaves only fifteen or sixteen more years of tax proceeds These points lead us to consider some type of bank loan. To get a better interest rate and a known amount of annual debt service, a fixed rate loan is thought to be the best product. To ensure an acceptable interest rate, a bid process for banks is also proposed with debt service guaranteed by the City's full faith and credit pledge, backed by the intent to use available F&B proceeds for repayment over the next ten years. At this time the estimated annual debt service is less than $100,000. The annual F&B tax revenues for the Parks program is $500,000. There are some existing commitments on a portion of these funds but most of the revenue is available for this and other projects. Staff sees no problem in being able to pay the annual debt service during the life of the F&B Tax authorized by ordinance #2991. Page l of? CITY OF ASHLAND COUNCIL GOALS SUPPORTED: This project, in and of itself, is not identified as part of the Commission's goals but improvements to infrastructure and completion of projects are. This project is included in the CIP for this biennium. Administration and Governance coal: Evaluate parks and recreation facilities and programs to ensure the quality of relevant programming and the highest and best use of facilities. Evaluate current and capital projects for feasibility, relevancy and implementation planning. Continue to build a relevant and functional parks and rec. infrastructure through master planning and implementation strategies. FISCAL IMPLICATIONS: Financing this capital project fits within the City's and Park's capital improvement practices and the current budget. Using FF&C financing provides the lowest cost borrowing. Having the F&B Tax proceeds to pay the debt service reduces the potential impact on the overall financial condition of the City and its ability to meet general obligations. Authorization is requested up to $900,000 however only the amount needed will be financed and that currently is estimated at $850,000. Annual debt service for this obligation will need to be included in each budget period until the obligation is paid. Each year for the life of this financing the corresponding debt service will take precedent over any other uses of F&B Tax proceeds unless action to the contrary is taken by City Council. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approve the attached resolution. SUGGESTED MOTION: I move to approve the resolution titled, "A resolution of the City Council of the City of Ashland, Oregon, authorizing financing for Garfield Park improvements." ATTACHMENTS: Resolution Memo from the financial advisor Memo from the Parks Director Page 2 of 2 Fl, RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON, AUTHORIZING FINANCING FOR GARFIELD PARK IMPROVEMENTS RECITALS: The City Council finds as follows: A. The City wishes to finance improvements to the park system, including Garfield Park (the "Project") at the request and direction of the Ashland Parks & Recreation Commission. B. The City is authorized by ORS 271.390 to enter into financing agreements in order to finance the cost of any real or personal property that the City detennines is needed. C. The financing is expected to bear "tax-exempt" interest (interest that is excluded from gross income under Section 103 of the Internal Revenue Code of 1986, as amended) and the rules of the United States Internal Revenue Service require the City to declare its official intent to reimburse itself for amounts that the City will spend before the tax-exempt financing is issued. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: Section 1. Borrowiny- Authorized. Pursuant to ORS 271.390, the City is authorized to enter into a borrowing in an aggregate principal amount of not more than $900,000 (the "Financing"). Proceeds of the Financing shall be used to finance the Project and related expenses and pay costs associated with the Financing. The Finance Director, the City Administrator or the designee of the Finance Director or the City Administrator (each of whom is referred to herein as a "City Official"), on behalf of the City and without further action by the City Council, may: (1) Issue the Financing from time to time in one or more series. (2) Select one or more other purchasers and negotiate the sale of each Financing with those purchasers. Subject to the limitations in this resolution, each Financing may be in such form and contain such terms as the City Official may approve. (3) Determine the final principal amount, interest rates, payment dates, prepayment rights and all other terms for each Financing. (4) Negotiate, execute and deliver a note to evidence amounts due under each Financing. (5) Execute and deliver one or more financing agreements, credit facilities or other documents that describe the terms and administrative provisions relating to each Financing. The amounts due under each Financing may also be represented by a note. (6) Enter into additional covenants for the benefit of the purchaser of each Financing that the Page 1 of 2 City Official determines are desirable to obtain favorable terms of each series of the Financing. (7) Covenant for the benefit of the owners of the Financings to comply with all provisions of the Internal Revenue Code of 1986, as amended (the "Code") which are required for the interest paid under the Financings to be excluded from gross income for federal income tax purposes. (8) Designate the Financings as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Code, if applicable. (9) Execute and deliver any other certificates or documents and take any other actions which the City Official determines are desirable to carry out this resolution. Section 2. Finding of Need. Pursuant to ORS 271.390, the City Council determines the Project is needed to provided services to the City and its citizens. The Project will consist of real or personal property. Section 2. Security. Pursuant to Oregon Revised Statutes Section 287A.315, the City Official may pledge the City's full faith and credit and taxing power within the limitations of Sections 11 and 1 Ib of Article XI of the Oregon Constitution to pay the amounts due under the Financing. The City is not authorized to levy additional taxes to pay the amounts due under the Financings. The City's intent is to use Food & Beverage Tax proceeds as the primary revenue source to pay debt service, however, those amounts are not pledged to pay the Financing. Section 7. Reimbursement Declaration. The City hereby declares its official intent to reimburse itself with the proceeds of the Financing for any amounts the City spends on the Project before the Financing is issued. Section 4. Effective Date. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of 2015. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 2 of 2 ASHLAND PARKS AND RECREATION COMMISSION 340 S. PIONEER STREET ASHLAND, OREGON 97520 COMMISSIONERS: Michael A. Black, AICP Mike Gardiner prilml Director Rick Landt Jim Lewis TEL: 541.488.5340 FAX: 541.488 5314 Matt Miller parksinfo@ashland.or.us Vanston Shaw MEMORANDUM TO: Lee Tuneberg, Finance Director FROM: Michael A. Black, Parks Director DATE: November 6, 2015 SUBJECT: Borrowing for Garfield Park Improvements The Parks Commission has voted to authorize a bond or loan -whichever is most beneficial to the Commission in terms of fees, rates and duration -through the City Ashland for the implementation of the Garfield Park Master Plan. At your request, I am providing a memo that outlines the details of the approved Garfield Park Master Plan and intended improvements. The details are: 1. The anticipated improvements at Garfield Park are estimated to cost $850,000 (including contingencies). All of the construction costs are planned to be from a bond issuance or loan. Anticipated improvements are: a. New larger splash pad and equipment, including seating, tables and shade for on- lookers. b. Two new picnic shelters with tables and benches. c. New pavement surface, striping, hoop and backboard assembly. d. New Cascade Siskiyou Scenic Bikeway Shelter with bike "Fix-it" station, map kiosk, seating, tables and water station with water bottle filler. e. Improved sand volleyball enclosure, nets and sand. f. Additional hardscape for pedestrian access and circulation. g. Etc., including irrigation upgrades, bathroom upgrades and plantings. 2. The planned source for repayment is the Food and Beverage Tax, which expires in 2030. The anticipated first yearly repayment is budgeted in this biennium. 3. Construction is hoped to begin in the winter 2015 / spring 2016 in order to open the park by summer of 2016. Home of Famous Lithia Park I have attached an approved copy of the master plan and the current estimate of cost for the project, as well as the minutes from the Commission meeting where approval was granted for borrowing the funds. The Ashland Parks and Recreation Commission requests that the City Council approves the request to borrow $850,000 for the implementation of the Garfield Park Master Plan. The Commission understands that the repayment of all principle, interest and fees will be the responsibility of the Commission through Parks Food and Beverage Tax income. f;*<Sy F r:? SiNIAIAONdAl S 0 A _ Iq s *4 CIISOdONd >INVd CIIIIJNVD F p kuy ~ _ w " .o / 77 Z Q iS VINU IIVD i . i 3 a ~ s > tt ~ y , Q ~ I< 00 I°- W Z ~rnu~ a U) Q p u In Z w f. Lij o V) ~c e Z ~ ` u , r LIJ ~w H ~•Z / LiJ J Z x f e ay f. / Q V I i "CC LO ~ I r i;~ c El! F n 47 ° f w s 4 CONSTRUCTION BUDGET - 2015 GARFIELD PARK FACILITY UPDATE! APRC - MICHAEL BLACK - 0CT013F,R 30.2015 No. of ITE.NI UNIT UNIT'S UNIT PRICE EXTENDED PRICE Splash Pad Equipment EA 1 $ 250,000.00 $ 250,000.00 Construction EA 1 $ 195,000.00 $ 195,000.00 Funishings and Finishing EA 1 $ 58,000.00 $ 58,000.00 Total Splash Pad $ 503,000.00 Basketball Court Basketball Court SF 7,350 $ 6.00 $ 44,100.00 Standards FA 2 $ 2,500.00 $ 5,000.00 Surfacing FA 1 $ 5,000.00 $ 5,000.00 Total Basketball Court S 54,100.00 Shelters: Shelters - 20'x20' EA 2 $ 20,000.00 $ 40,000.00 Concrete padS SF 2000 $ 6.00 $ 12,000.00 New Sidewalk - 5' SE 250 $ 6.00 $ 1,500.00 Furnishings and Finishing EA 2 $ 5,000.00 $ 10,000.00 Total Options $ 63,500.00 Misc. Construction New Sidewalk - 5' SE 750 $ 8.00 $ 6,000.00 Shelter (Scenic Bikeway) FA 1 $ 40,000.00 $ 40,000.00 Sand Volleyball with Concrete Sitting Wall FA 1 $ 40,000.00 $ 40,000.00 Irrigation Upgrades, Restrooms and Other FA 1 $ 20,000.00 $ 20,000.00 Total Misc. Construction S 106,000.00 Sub-total S 726,600.00 Contingencies (17%) $ 123,400.00 Total S 850,000.00 City of Ashland PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES September 28, 2015 ATTENDANCE Present: Commissioners Gardiner, Landt, Lewis, Miller, Shaw; Director Black; Superintendents Dickens and Dials; Recreation Manager Flora; Administrative Supervisor Dyssegard and Assistant Manuel Absent: City Council Liaison, Mayor Stromberg CALL TO ORDER Chair Gardiner called the meeting to order at 7:00 p.m. in Council Chambers, 1175 E. Main Street. APPROVAL OF MINUTES Study Session - July 20, 2015 Motion: Landt moved to approve the Minutes as amended for July 20, 2015. Shaw seconded the motion. The vote was all yes. Study Session - August 17, 2015 Motion: Shaw moved to approve the Minutes as presented. Lewis seconded the motion. Discussion Black asked that the statement "Black argued against design guidelines" be changed to "Black argued against design standards." Black noted that this was a substantive change. Landt asked that the statement "Landt shared a conversation about developing new sources of revenue for APRC projects. He stated that Ashland City Administrator Kanner was present at a recent subcommittee meeting where one of the topics of conversation was how to generate revenues. Kanner indicated that if the TOT (Transient Occupancy Tax, an economic driver for the community) were used and set up a project budget earmarked for Lithia Park in the CIP (capital improvement plan), funds would be transferred directly to APRC without the usual fees charged by the City of Ashland." be changed to "Landt shared a conversation he had with David Kanner at a recent subcommittee meeting about developing new sources of revenue for APRC, who told him a TOT could be earmarked for Lithia Park capital improvement projects, thus potentially increasing net APRC funding instead of a new funding source simply resulting in a decrease in revenue from property taxes." Motion: Shaw moved to approve the Minutes of August 17, 2015 as amended. Landt seconded the motion. The vote was all yes. Regular Meeting -August 31, 2015 Motion: Landt moved to approve the Minutes of August 31, 2015 as presented. Miller seconded the motion. The vote was all yes. 1 P a g e APRC Regular Meeting - September 28, 2015 PUBLIC PARTICIPATION/OPEN FORUM Gayle Patton, 822 Michelle Avenue, was called forward. Ms. Patton highlighted her credentials and background, stating that she had been involved with the Rogue Valley tennis community for the past 30 years. She noted that the Hunter Park courts were heavily used by people of all skill levels. One court at the Park was also currently shared with bike polo enthusiasts, thus restricting the court's availability for tennis. Patton reported that using the court for bike polo had resulted in deep scratches or divots on the court's surface and other issues, including a breakdown of the equipment for net removal and set-up. Patton suggested that polo players work with the City and APRC to develop an alternative venue for their sport. She noted the precedent set by tennis players who worked together to develop and implement a plan toward improved tennis court amenities in Hunter Park. Nancy Walz, 1973 Crestview, was called forward. Ms. Walz agreed with Ms. Patton's points and noted that the mechanism for working the nets had been damaged because of frequent net removals for bike polo games. She observed that there were times when tennis players had to wait for a court to become available and/or play tennis without a net. Paul Bingham of California Street was called forward. Mr. Bingham talked about his involvement with the polo community and their efforts to play the sport in a responsible manner. After providing a brief history about the sport and noting its growing international popularity, he voiced interest in working with APRC and the tennis community to resolve any concerns. Kristina LeFever, 2359 Blue Sky Lane, was called forward. Ms. LeFever noted that she was speaking on behalf of the newly formed committee called Advocates for Healthy Landscapes (AHL), as a subcommittee member of Bee City USA and as a member of Pollinator Protect Roque Valley. LeFever highlighted APRC's Integrated Pest Management program and the resulting decrease in APRC's reliance on harmful pesticides. She explained that AHL would attend the October 5 City Council study session to ask the City to issue a Resolution encouraging residents to discontinue the use of glyphosates and 2 4-D pesticides in favor of safer alternatives. LeFever explained the rationale for limiting the Resolution to the two types of pesticides, noting that the products were ubiquitous and marketed as reasonably safe, when in fact glyphosates (included in a commonly used product called Roundup) was carcinogenic along with 2-41D (included in a commonly used product called Crossbow). She stated that AHL not only wanted to raise awareness about the dangers of the products, they also hoped to educate Ashland's residents about the extent of harm caused by these pesticides, and how to utilize alternative methodologies. LeFever requested a motion from APRC that relayed support for AHL in requesting the Resolution from the City by championing AHL and its mission. 2 P a g e APRC Regular Meeting - September 28, 2015 ADDITIONS OR DELETIONS TO THE AGENDA There were none. UNFINISHED BUSINESS There was none. NEW BUSINESS • Garfield Park Master Plan (Action) Black displayed the most recent version of the Garfield Park Master Plan, stating that a final review of each element was warranted, followed by a more detailed discussion of funding options. The Garfield Park Master Plan was said to include improvements to existing park uses in addition to a few new uses. The 2015 - 2017 budget for capital improvements included replacing the existing Splash Pad, at an estimated cost of approximately $550,000. The volleyball court was also slated for refurbishment with $10,000 budgeted. Consideration was then given to upgrading or refurbishing other elements in the Park to achieve economies of scale and funding efficiencies. The proposed Master Plan included: • Refurbishment of the Basketball Court to convert the Court to a regulation-sized arena with five- foot boundaries, new breakaway baskets and acrylic backboards. • Refurbishment of the Volleyball Court while extending the sand area and replacing the existing wooden retaining wall with a concrete seating wall for participants and spectators. • Development of a new Cascade-Siskiyou Scenic bikeway shelter that would include a water station, a bike fix-it station and a kiosk with maps and brochures designed to showcase Ashland to out-of-town cyclists. • Two picnic shelters. • An improved and enlarged Splash Pad for interactive play among children. • Development of an off-leash dog area. • Infrastructure repairs, enlarged tree planters and other miscellaneous improvements. The new bikeway shelter was initiated in response to a State-sanctioned scenic bike route promoted by Travel Oregon, with Garfield Park serving as the starting and ending point for the route. It was stated that the Park is heavily used, not only locally but regionally. People come to enjoy the facilities, gather for birthday parties and picnics and participate in family activities. The park currently has few picnic tables and no shelters; therefore, the two proposed shelters and picnic tables could be a welcome addition. A fenced and underutilized 25' X 100' space at the back of the park was discussed as a possible off-leash dog area that could serve as an alternative to keeping dogs on leash in the park. The small space was considered an ancillary area to the park, not designed to take the place of Ashland's dedicated dog parks. Black emphasized that this area drew email commentary as well as public commentary because of the area's close proximity to residential properties. A future hardscape expansion area adjacent to the playground was set aside in the Master Plan for future development. Other areas such as the grassy play area, the playground and the restrooms would remain 3 P a g e APRC Regular Meeting - September 28, 2015 the same. One new sidewalk beginning on California Street with access from the bike shelter was proposed. The bikeway shelter would also have paved access from the parking lot. The Garfield Park Master Plan has been re-configured to provide a larger planter area for the Japanese Maple nearby. Black stated that APRC would do everything possible to protect the existing trees in the park. He stated that there was no guarantee the trees would remain vibrant once construction began but it was hoped that the efforts to shelter the trees would preserve them. The budget for the project was broken out as follows: Splash Pad $ 503,000 Basketball Court $ 54,100 Picnic Shelters $ 63,500 Miscellaneous Construction $ 106,000 (includes irrigation) Mobilization Fee $ 21,798 Contingency 72,660 $821,058 Discussion among Commissioners Black recommended approval of the proposed plan or adoption of a modified plan. Action would need to be taken as soon as possible in order to complete the project in time for the 2016 summer season. Shaw noted that a footbath station with an outdoor shower feature was planned near the volleyball court. Black noted that the station was included in the Miscellaneous Construction budget. Dickens relayed that all construction and equipment costs were also incorporated into the cost projections. Landt noted that the vendor for the Splash Pad was Vortex and he asked whether the company had been selected through a competitive bid process. Black replied that the State had selected Vortex through a competitive bid process. He said State law allowed local jurisdictions to waive the local requirement for a competitive bid process if using a company previously vetted and deemed qualified by the State. PUBLIC COMMENT Ivy Ross, 55 California Street, was called forward. Ms. Ross stated that she had been a resident of Ashland for eighteen years, living near Garfield Park for the last five. Her background included dog psychology and training. Ross spoke against the proposed dog park, indicating that it was unwise to allow several dogs off-leash in close quarters, without stringent safety measures in place. She noted the large numbers of small children in the park and commented that the combination of small children and unknown dogs could become volatile. She described the current use of the proposed dog park area, stating that children often climbed the trees in the space and the area functioned as a buffer zone for nearby residents. She explained that the corner adjacent to the space was already congested with student housing traffic, a parking lot, garbage collections and families entering and exiting the park. Adding barking dogs to the mix could overwhelm the area. Rick Sparks, 61 California Street, was called forward. Sparks pointed out potential conflicts between condominiums and their owners living no more than ten feet away from the adjacent proposed dog area. He emphasized the importance of the space as a buffer zone 4 P a g e APRC Regular Meeting - September 28, 2015 and expressed a concern about an impact upon property values if barking dogs were in that vicinity. He suggested moving the proposed off-leash area to the E. Main Street side of the park, where dogs could be more easily watched, and the noise and odors would not immediately affect residential properties. Janet Sonntag, 47 California Street, was called forward. Ms. Sonntag presented a study compiled by Veterinary Behavioral Medicine in Davis, California. The study outlined parameters for the establishment and maintenance of successful off-leash dog exercise areas. The study also addressed three primary concerns: the safety for both humans and animals; noise generated from a concentration of barking dogs; and sanitation issues from the buildup of feces. This dovetailed with Sonntag's own concerns about noise and safety. Quoting from the study, Sonntag noted that the first rule was to "not establish a dog park immediately adjacent to a residential area." Concerns included increased noise levels, difficulty with keeping the area clean and other maintenance complications. Sonntag also expressed concern about mature trees in the proposed off-leash area, observing that the trees took up considerable space. She described potential safety and liability issues associated with close proximity of small children and dogs. Sonntag talked about the factors that led her to purchase her townhouse adjacent to Garfield Park. She stated that the proposed dog park would ruin the peace and enjoyment of her home. Lynn Asch, 45 California Street, was called forward. Ms. Asch talked about the townhomes directly facing the southern boundary of the park where the dog area was proposed, emphasizing the close proximity. She said the distance from the fence line of the proposed dog park to her outside deck was twenty feet. She asked the Commission to consider the impact of several barking dogs close by. Additionally, the fence separating the park area from residential property was four feet tall, creating a safety hazard if dogs were to jump the fence. Carl Lukens, 43 California Street, was called forward. Mr. Lukens expressed appreciation for Garfield Park, noting the joys of living close by. Lukens highlighted a water quality study measuring the water quality of Ashland Creek and Bear Creek. He stated that there was a measurable impact on water quality close to the dog park on West Nevada Street. He expressed a potential concern about the residue of dog feces and urination over time in the proposed small dog park. Paul Bingham, 55 California Street, was called forward. Mr. Bingham noted that his house was ten feet from the dog park. He described the potential danger of a toddler putting hands through a fence connected to a dog area with unsupervised dogs. Bingham highlighted dog fights as another possible danger and asked about the enforcement of regulations governing dog parks. Finally, he stated that the proposed dog park would fundamentally impact how he lived his life on his property. Brint Borgilt, 13350 Hwy 66, was called forward. Borgilt spoke on behalf of his father who is the Chairman of the 5 Turret Townhouse Owners Association. 5 P a g e APRC Regular Meeting - September 28, 2015 He noted that the preceding testimony had been abundant in negative responses to the proposed dog park. Borgilt stated that both he and his father were adamantly opposed to the proposed dog park at Garfield Park. Motion: Shaw moved to approve the Garfield Park Master Plan as presented, with the exception of the dog park. Miller seconded. Gardiner called for further discussion. Discussion among Commissioners Shaw acknowledged the testimony of neighbors near the proposed dog park, suggesting that other options should be considered for the area. He noted that the completion of the lower Clay Street dog park would alleviate some concerns. Black explained that the dog park was initially planned as a measure to prevent dogs from running off-leash in other areas of Garfield Park. He too recommended moving forward without the proposed dog use area. He emphasized the enhancements planned for Garfield Park, stating that the improvements would add to Garfield Park's reputation as a great park. Landt expressed his appreciation for members of the public speaking about their concerns and stressed the value of additional perspective. He noted that similar concerns would probably be voiced by neighbors when the dog park off lower Clay Street was built. Landt said he had been willing to give the proposed dog park a trial period with an evaluation in a year's time, as that method provided a mechanism for ending the process. Lewis noted that the issues of proximity and the necessity for a buffer zone resonated with him, adding that even without the dog park, other proposed improvements would add to a great park. Landt explained that the Master Plan was conceptually a good plan, but that in his opinion, there were some issues that still needed resolution. Landt suggested that the proposed new walkway near the volleyball court terminating at the bike shelter would create a bottleneck through the shelter. He stated that the walkway should instead connect directly to the sidewalk. The bike shelter should be adjacent to the sidewalk as well. Leaving the setback in place would create a small area of grass that would need special care. The proposed placement of the picnic shelters would cause a similar issue. Landt stated that irrigation and labor-intensive edging for small grassy areas in Garfield Park and throughout the parks system could increase future maintenance costs. Landt stated that APRC was currently working on landscape and park maintenance guidelines that would clarify some of these issues, thereby creating guidance for better traffic flow and detailing ways to avoid future maintenance increases. Because on the deficiencies he listed, Landt indicated he would vote against approval of the Master Plan. Black replied that he was in agreement with the repositioning of the sidewalk and picnic shelters. He explained the rationale for the bike shelter setback, noting that the setback served a function as well. The intent was to entice bicyclists who were new to the area to enjoy the park in its entirety. Black differentiated the Master Plan from a more detailed site plan. The Master Plan suggested general locations for uses such as the picnic shelters, whereas a site plan would show the exact measurements to 6 P a g e APRC Regular Meeting - September 28, 2015 scale. The site plan was geographically a much closer view. Black stated that approval of the Master Plan would allow the project to move forward in seeking financing prior to beginning construction. Lewis noted that approval of the Master Plan would move the project forward without jeopardizing a compromise on the issues. In reply to a question by Shaw, Black relayed that a refined site plan would be reviewed by the Commission for a final opportunity to provide input or make changes. Motion: Shaw moved to approve the Garfield Park Master Plan as presented with the exception of the dog park. Miller seconded. Roll call vote: Gardiner, Lewis, Miller and Shaw voted yes. Landt voted no. The motion passed. • Discussion and Possible Approval of Garfield Park Bonding (Action) Black reiterated that the Master Plan detailed components of the plan. The cost estimate for the Splash Pad was based on a site plan while cost estimates for other uses were best estimates. The current proposed budget was $821,058. Black indicated that the additional agreed-upon projects would increase the project budget by approximately $300,000. Black explained that all elements of the project would be funded by Food and Beverage tax (F & B) funds. Because the funding was not available in a lump sum, temporary financing must be secured. The most suitable options for funding included the issuance of a bond, a bank loan or a line of credit. Revenue Bond Revenue bonds are used for public infrastructure and can be paid back with money from the F & B tax. The City Council would issue the bond and APRC would receive the proceeds. Associated costs for issuance of a bond are as yet unknown. There is an issuance fee and requirements for a debt reserve. The timeframe for funding is 120 days. Bank Loan An issuance fee of $20,000 is the norm for funding with a bank loan. Bank loans for public infrastructure are unsecured as long as there is a demonstrable source of repayment (F & B tax monies). The rate of interest for borrowing approximately $822,000 would be between 2'/4 % to 3% depending upon the term. Banks prefer seven- to ten-year terms, although a fifteen-year term might be preferable to APRC. Black explained that fifteen years would be the longest term the APRC could finance because the source of repayment (F & B funds) would sunset in 2030. Bank Line of Credit Bank lines of credit provide a funding limit with the ability to draw down the balance as needed. The interest rate changes over time unless converted into a term loan. APRC's financial advisors indicated that converting a line of credit to a bank loan would not be advisable. Black provided a graph depicting the repayment schedule of all current APRC obligations in addition to the proposed funding for Garfield Park. Clay Street financing of $108,000 would be paid off in 2017. Payments due for the Calle Guanajuato project were set at $45,000 annually, retiring in 2028. $85,000 would be the estimated annual payment for Garfield Park beginning in 2017 and ending in 2038. Discussion among Commissioners Landt asked whether there were additional commitments requiring F & B funds as a source of repayment. 7 P a g e APRC Regular Meeting - September 28, 2015 Black noted that the current CIP budget ended in 2017. Because the adopted CIP budget spanned just two years, projects earmarked for future development were not linked to a source of repayment. Obligations such as real estate purchases were repaid with other sources of funding. Further discussion focused on the extent of current obligations. Lewis commented that the amount of debt was reasonable and would allow future Commissions room to develop future projects as well. In reply to a question by Gardiner about a source of funding for the first Garfield Park bond or loan payment, Black replied that $50,000 was currently available along with the $10,000 budgeted for the volleyball court upgrades. To make up the shortfall of approximately $25,000, money would have to be borrowed from another project in the CIP. One example would be to use a portion of the $70,000 set aside for the Butler-Perozzi Fountain. Black recommended a motion to authorize Ashland City Council to seek a source of funding for Garfield Park that would provide funds at the lowest cost, in the most expeditious manner. Further discussion focused upon the most advantageous rates and terms. The pros and cons of various terms were debated. Landt noted that there was approximately $400,000 in F & B funds, available in today's dollars to fund Garfield Park improvements. He stated that the money spent on the project could be justified given the regional importance of the park. Motion: Landt moved to direct staff to acquire the financing for the purpose of funding improvements for Garfield Park in the most advantageous manner. Lewis seconded. The roll call vote was all yes. SUBCOMMITTEE AND STAFF REPORTS Senior Center Program Presentation Dials reported that the Senior Program Manager was not available to give her presentation; however, she would provide a detailed report in the future. In her stead, Dials said the Ashland Senior Program operates Monday through Friday from 8:30 a.m. to 3:30 p.m. Approximately 100 people visit the Senior Center per day, looking for a meal, asking about available resources, attending special events or requesting assistance for themselves or their loved ones. In 2014, 16,170 meals were provided. In addition, a staff outreach worker provides in-home assessments to evaluate conditions in seniors' homes and to offer additional assistance. In 2014, approximately 1,100 contacts were made per month in response to requests for information and referrals. The Senior Center offers day trip programs, such as trips to the Craterian Theater, tours of Harry and David and many others. Dials noted that a donated wheelchair-accessible van was available to transport up to seven people per trip. Because of the limited capacity, a larger bus was noted on a future wish list. The Center administers the Ashland Low Income Energy Assistance Program (ALIEAP) beginning this year on October 1St. Qualified recipients would receive a credit on their electric bill. A staff member from the Utility Department helped to screen applications. Last year, 520 applications were received and 480 applications were approved. 8 P a g e APRC Regular Meeting - September 28, 2015 Senior Center recreation program offerings include line dancing, card games, computer instruction, Tai Chi, Yoga and movies. Special programs include talks sponsored by Habitat for Humanity about assistance for seniors in need of critical home repairs as well as livability options courtesy of a grant provided through the City of Ashland. Dials said Dodson welcomed Commissioner visits or requests for Senior Program tours located at 1699 Homes Avenue at any time during regular working hours. Daniel Meyer Pool End of Season Report (Information) Dials introduced Recreation Manager Lonnie Flora, noting that his responsibilities were diverse: overseeing the seasonal Daniel Meyer Pool and Ashland Rotary Cenennial Ice Rink; providing programs at The Grove; and hiring, training and managing seasonal recreation staff. She voiced appreciation for Flora's excellent work and described improvements he initiated in 2015, including new metal lockers and new benches in both the men's and women's locker rooms at the pool. Flora presented his end-of-season pool report. Staffing levels were reported as twenty-two part-time swim instructors, lifeguards, and water fitness instructors, with one full-time manager. In 2015, staff participated in 53 hours of training, including weekly in-services for skills development, and certification programs for swim instructors. All end-of-season swim instructors received positive evaluations. Flora outlined the diverse selection of programs offered at the pool, including accommodations for a Master Swimmers program, the hosting of Pool to Path races, an extensive lineup of lap swim programs, water fitness programs, water polo, and kids' polo games. With extended hours of operation, the pool was available for private swim lessons, a swim team camp and a mentorship program for swim instructors. One program highlight, "Island Night," drew 160 participants. The special event included hula performances, a live band, a photo booth and a free community hula workshop. Based on the inclusion of all pool programs, categories and services, the 2015 season saw an increase over 2014. The numbers were not as significant in the recreational swimming category, probably due to decreased air quality from forest fires. Water polo, lap swim, toddler and senior programs all posted gains. Expenses decreased with the exception of labor costs; revenues increased substantially. Dials highlighted consistent growth in seasonal pool usage during the four years under Flora's supervision. She stated that she would challenge any pool in the state to match the amount of diverse program offerings provided at the Daniel Meyer Pool. Miller expressed appreciation for accommodating the Master Swimmers programs. Shaw asked whether lengthening the season would be feasible. Flora replied that the 2015 season was extended by two weeks. He stated that extending the season depended upon the weather, availability of staff and attendance levels. Landt inquired about the availability of financial markers. He stated that the ratio measuring the percent of expenses offset by revenue would be helpful. Dials replied that a detailed report would be forthcoming but that Flora's numbers did not include the Recreational Manager's time or any supplies and maintenance costs. Lewis asked about increased labor costs. Flora explained that wages for second-year instructors were increased over their first year of employment. In addition, the extended season added to staffing expenses. 9 P a g e APRC Regular Meeting - September 28, 2015 Audit Update Black noted that the Request for Proposals for an APRC Performance Audit would be published in the near future following a final review. ITEMS FROM COMMISSIONERS Dials reminded those present that the Annual Bear Creek Salmon Festival would be held Saturday, October 3, from 11:00 a.m. to 4:00 p.m.at North Mountain Park. She extended an invitation to all. UPCOMING MEETING DATES Study Session: October 19, 2015 @ The Grove, 1195 E. Main Street, 7:00 p.m. Regular Meeting: October 26, 2015 @ Council Chambers, 1175 E. Main Street, 7:00 p.m. ADJOURNMENT There being no further business, the meeting was adjourned at 9:01 p.m. Respectfully submitted Betsy Manuel The Minutes are not a verbatim record. The narrative has been condensed and paraphrased to reflect the discussions and decisions made. Ashland Parks and Recreation Commission Study Sessions, Special Meetings and Regular Meetings are digitally recorded and available upon request. 10 P a g e APRC Regular Meeting - September 28, 2015 CITY OF ASHLAND Council Communication November 17, 2015, Business Meeting Liquor License Application for Andrew Van Slee dba Wiley's Trattoria FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application Andrew Van Slee dba Wiley's Trattoria at 1606 Ashland Street. BACKGROUND AND POLICY IMPLICATIONS: Application is for a new license - New Ownership. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32) and has been reviewed by the Police Department. In May 1999, the Council decided it would make the above recommendations on all liquor license applications. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Endorse the application with the following: The City has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The City Council recommends that the OLCC proceed with the processing of this application. SUGGESTED MOTION: Under consent agenda item, a motion to approve liquor license for Andrew Van Slee dba Wiley's Trattoria ATTACHMENTS: Liquor License Application Page I of I OREGON LIQUOR CONTROL COMMISSION D LIQUOR LICENSE APPLICATION Nov o 5 2015 AV._ Application is being made for: CITY AND COUN7YUSE ONLY LICENSE TYPES TIONS Date application received: ® Full On-Premises Sales ($402.60/yr) hange Ownership Commercial Establishment ® New Outlet The City Council or County Commission: ® Caterer ® Greater Privilege ® Passenger Carrier Additional F)ivilege (name of city or county) ® Other Public Location Other TIM recommends that this license be: Private Club Limited On-Premises Sales ($202.60/yr) ❑ Granted ❑ Denied Off-Premises Sales ($100/yr) By: ® with Fuel Pumps (signature) (date) ® Brewery Public House ($252.60) Name: [3 Winery ($250/yr) ® Other: Title: 9 DAY AUTHORITY Check here if you are applying for a change of ownership at a business OLCC U / that has a current liquor license, or if you are applying for an Off-Premises Applicat ` 4 ion c' by: Sales license and are requesting a 90-Day Temporary Authority APPLYING AS: Date: /Q ®Limited Corporation *'Limited Liability ®Individuals 90-day authority: ,Yes ❑///No Partnership Company Y Y 1. Entity or Individuals applying for the license: [See SECTION 1 of the Guide] O LJ I t- 9 S ~E z d 7'Tcv-4/~,~ L C 0 2. Trade Name (dba): A i rc~ A _ 3. Business Location: 0 A iSi4 L Anil S'f; AS lc 4AC_ S`'A) G f 5 2- O (number, street, rural route) (city) (county) (state) (ZIP code) 4. Business Mailing Address: '5 A to (PO box, number, street, rural route) (city) (state) (ZIP code) 5. Business Numbers: ~ 8!6 - 0 ZA 5 (phone) (fax) 6. Is the business at this location currently licensed by OLCC? Yes ®No 7. If yes to whom: CI 1L 1 C F 1 l~l 1/~~~ L/1 N &//11 i~~ ~3N Y~~i I j Se S Type of License: 8. Former Business Name: *es VJ ) L ~ t-19 T/` 9. Will you have a manager? Io Name: rlt e' (managWSS-1461JAID ust fill out an Individual History form) 10. What is the local governing body where your business is located? t y q C Iz- So /ll (name of city or county) a 11. Contact person for this application: A A1'0Ae& VAA1 SG 3 l Cl ~0 - 3 ~f I (name) (phone number(s)) )23 Ni'0,C A ff✓Aoe 700 ~ajrc~,..~ e i rdmj ~Y~cc • C M (address) (fax number) (e-mail address) I understand that if m are not true and complete, the OLCC may deny my license application. Applicant(s at and Date: l OO Date V03 ® Date ® Pate 1-800-452-OLCC (6522) • www.oregon.gov/oloc (rip. oerzoii) CITY OF ASHLAND Council Communication November 17, 2015, Business Meeting Request for Council permission to submit a land use application that includes the use of public sidewalk right-of-way and the airspace above FROM: Bill Molnar, Community Development Director, Community Development Department Bill.Molnar@ashland.or.us SUMMARY The owner of the property located at 25 North Main Street is requesting Council permission to submit a land use application that affects public sidewalk right-of-way. Specifically, the project proposes exterior building changes that encroach upon the adjacent public sidewalk and a third story balcony projection over the public sidewalk. Council approval of this request will merely allow the applicant/property owner to submit an application for land use approval. This permission does not constitute Council support for the project, as an independent evaluation to determine consistency with City design standards will take place through the land use application procedure. BACKGROUND AND POLICY IMPLICATIONS: In June 2015, a pre-application conference was scheduled to discuss a potential land use proposal for the property located at 25 North Main Street. The property hosts a multi-story building comprised of several businesses, including Thread Hysteria, Loft Brasserie & Bar, Gold and Gems, Reichenshammer Building and Design, Enoteca Wine Tasting and Bistro, and the Granite Tap Room Restaurant and Bar. The pre-application materials state that: "The owner of the Masonic Building would like to seismically upgrade the exterior of the building by installing a moment frame on the outboard face of the building. However, this will be a very expensive undertaking, so in order to recover some of the project costs he seeks to include in the project scope the construction of an exterior balcony for the third floor space." The moment frame columns are anticipated to extend out from the existing building facade and encroach approximately one foot or less into the public sidewalk. Additionally, the proposed third story balcony will project over the public sidewalk by several feet (6' to 8'). Since the proposal will include a request for use of public right-of-way for encroachment into and projection over the public sidewalk, the Council must grant the applicant permission to submit the land use application. To be clear, cpuncil approval of this request only allows the applicant/property owner to submit an application for land use approval. Permission to proceed with an application should not be seen as an endorsement of the proposal, as the formal land use application is subject to specific design standards and approval criteria set forth in the Land Use Ordinance. As part of the land use application process, a public notice describing the proposal will be mailed to property owners within 200-feet of the property. The Historic Commission will evaluate the application to determine compliance with Page 1 of 2 PC, CITY OF ASHLAND historic district design standards and their recommendation will be forwarded to the Staff Advisor or Planning Commission. If the land use application includes removal or replacement of street trees, the Tree Commission will review and submit comments on the proposal. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: If the Council grants permission for the property owner to proceed with the land use application, city fees apply to the land use application, building, and right-of-way encroachment permit. Additionally, an airspace agreement would be signed by the City and property owner. The agreement could stipulate an amount of co npensation for the right to encroach into the airspace above the public sidewalk. STAFF RECOMMENDATION AND REQUESTED ACTION: The Council approved a similar request by the same property owner, Allan Sandler, back in 1994. The proposal was for an upper floor balcony seating area associated with Martino's Restaurant. At the time, Council discussed the possibility of establishing a clear policy for use of air space above public sidewalk right-of-way. A consistent policy, however, was never pursued. Staff recommends that the Council grant permission to the owner of 25 North Main to submit a land use application that includes a request for use of public sidewalk space, as well as the airspace above it. Should the property owner receive land use approval for the exterior changes, an airspace agreement will be prepared that describes the extent of the projection, as well any other terms, for signature by the City Administrator. SUGGESTED MOTION: I move to grant the owner of 25 North Main, Allan Sandler, permission to submit a land use application that requests use of public right-of-way, and if the land use application is approved, the City Administrator is authorized to sign an airspace agreement with the property owner. ATTACHMENTS: Memorandum to Dave Kanner from Allan Sandler Materials from June 10, 2015 Pre-Application Meeting • Rendering of balcony elevation • Rendering of balcony perspective Page 2 of 2 IFAAA Plaza Condominium Unit Owners Association, Inc. P. O. Box 306 750 A Street, Suite C Ashland, OR 97520 Phone (541) 488-2025 Fax (541) 488-1072 MEMO TO Dave Kanner City Administrator City of Ashland FROM: Allan Frank Sandler President DATE : September 21, 2015 RE Balcony I believe I mentioned this to you and have started the process to further earthquake proof the front of our condo building on the plaza known as the "Old Masonic Building" with address 17 thru 25 N Main Street and at the same time add a balcony on the third floor. The reason for the balcony is to give my third floor tenant a more even platform to compete with the other restaurants in town and that the patio/balcony will be an integral part of the additional earth quake protection. It also allows me to spend the large amount of money to add the earthquake upgrade. This will add to the protection to the front of the building from falling into the street if we have a big earthquake. Plans have been given to Bill Molnar, however if you need a second set let me know and I can send a set over to you. As a note we have done just this to our building where Martino's restaurant is located at 58 E Main Street (see attached Airspace License) and have a precedent with a contract lease with the City to put up that patio and earthquake prevention. If we go by that agreement with the City, I am not sure we need to recreate how this can be done since it has already been done and has been a very good addition to the City. As a note, in the past, the City's long term planning called for more seating and viewing from areas in the City and from buildings to allow persons to be able to sit over exterior areas to improve outdoor experience of Ashland over areas of pedestrian walkways such as sidewalks. I've attached emails from me to Bill Molnar and from Bill Molnar to me and my Architect as to what he and I think you will need to go to the Council to get this project approved to go forward for a permit application if you feel this is a project that should be looked into. I do understand that this process does not insure I will be allowed this project, but it will at least 1 allow me to go through the normal process to see if it works. However, I must point out that this is a good decision for the citizens and tourists roaming the plaza, since if we have a strong earthquake, we might save a life or two by help keeping the front of the building from falling into the street. I understand that the Building Department is looking into some new earthquake codes to help keep the older buildings on the plaza from falling into the street. cc: Bill Molnar, Director Community Development Department City of Ashland Mark McKechnie Oregon Architecture, Inc. 2 ~ u. a e M 0 4W 4"-IS UP" WM CC 2if11~31.IH~NV ~ ~ i rl tioo sluogeAO13'Ia3 esrmeil ! la ..say ourazr'~errnam mar.~errtavsan~rr~ ono- i e f 4' z N .y T' it ! I r - f E [ r t Z't dn._F.. I p zia3ania~HOavmoosao ~ ucrxtc r~s wa 14"LgS wot 196M LZZ OZSL6 SO O ME fLt.~3-UHo2~ ~PUe145V S u1eW 4i~oN £Z 11101( r.~o~aao ~ w m SIUO14BA813 'jx3 esdane.l1 s I I ST , W rr } f a r , Oki -77- is , J/I t ~ a i 8B"a' `e'er'- y k, w x 9 a { V t ! I , R ~ fr r~'e 1 , IYn; t r i ~^u CITY OF ASHLAND Bid Council Communication November 17, 2015, Business Meeting Award of Bid to the Apparent Low Bidder for the Talent Ashland Phoenix Emergency Pipeline Permanent Pump Station FROM: Michael R. Faught, Public Works Director, faughtm@ashland.or.us SUMMARY: The Council is asked to award a contract to James W. Fowler Co., the apparent low bidder for the TAP permanent pump station construction project, in the amount of $1,015,000. BACKGROUND AND POLICY IMPLICATIONS: Bidding procedure The permanent pump station project was publicly bid on October 6, 2015. The project was advertised in the Daily Journal of Commerce and bid documents were available through the Quest CDN (construction data network) an online procurement network. Quest CDN provides an online bid management program that was utilized for bidding the permanent pump station as recommended by RH2 Engineers. Bids were opened and publicly read aloud on October 29, 2015 at 2:00 pm in the Siskiyou Conference room. "Three bids were received. JW Fowler Co. provided the low responsive bid of $1,015,000 for the permanent pump station project. RH2 Engineers has reviewed all required bid document submittals and generated a letter of recommendation for bid award that is attached. Project Description The project entails construction of the new permanent 2.13 million gallon per day (mgd) pump station with designed ability to expand to 3 mgd. The initial estimated cost provided by RH2 to the Council at the December 2, 2014 meeting was $1,020,000 for the pump station construction portion. The total project cost was estimated to be $4,860,000. The project also involves removing the temporary pump station components and relocating a majority of them to the permanent pump station. Background TAP project included engineering and construction of 14,000 feet of 16-inch pipeline within ODOT Highway 99 right-of-way from Ashland Mine Road in Ashland to Creel Road in Talent, and construction of an initial temporary pump station located near Butler Ford at the corner of Valley View and Highway 99. The new water supply system was designed to provide an additional 2.13mgd of water to Ashland for emergencies. Page 1 of 3 11r&LAAA CITY OF ASHLAND The project was designed and constructed in phases and funding for the project was accomplished just prior to the construction process. Staff successfully secured a $2.97 million Safe Drinking Water Revolving Loan at 1% interest that included $950,000 in loan forgiveness. Subsequently after Council approved the permanent pump station project in December, staff obtained an additional $541,027 in loan funding from the Infrastructure Financing Authority (IFA) to cover the additional costs associated with constructing the permanent pump station. In addition, staff successfully negotiated a long term water delivery agreement with the Medford Water Commission. Project History Ashland's 1998 Water Master Plan projected that daily peak water demand would exceed the treatment plant's capacity by 2016. At that time, the preferred solution was hooking into the City of Medford's drinking water supply through an interagency agreement called TAP. To that end, the City entered into a TAP agreement, invested $2.6 million to upsize the pipe from Medford to Talent and purchased Lost Creek water rights. The adopted 2012 water master plan recommended connectivity into the Talent Ashland Phoenix (TAP) pipeline to provide a backup emergency water supplement for Ashland. This project was scheduled for 2015; however, low snow fall and winter drought conditions led staff to recommend an emergency procurement process to move planning, permitting, engineering and construction of the emergency TAP water line from 2015 to 2014. An accelerated project schedule necessitated the emergency procurement process. At the February 18, 2014 Council meeting, Council approved the emergency engineering procurement process for the TAP pipeline. At the March 4, 2014 meeting Public Works presented the cost options for paying the MWC, SDC for both options along with the water delivery agreement. These options included whether to purchase 2.13 or 3 mgd worth of SDC's from the MW C. The 2.13 mgd represents the amount of water the City could receive on a daily average amount over 5 months based on the 1,000 acre feet of Lost Creek water rights. At the April 22, 2014 Council meeting, Council approved the emergency construction procurement of the TAP pipeline, re-obligated $2.4 million Park Estates Pump Station monies to the TAP project, granted the City Administrator contracting authority in excess of $100,000 for construction of the TAP pipeline, and granted the City Administrator authority to sign a State Revolving Fund loan agreement in the amount of $2.97 million. At the December 2, 2014 Council meeting, Council approved design and construction of a 2.13 mgd pump station capable of expanding to 3.0 mgd at an estimated cost of $1,020,000 with a total project cost of $4.86 million. COUNCIL GOALS: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Deliver timely life-cycle capital improvement projects • Maintain and improve infrastructure that enhances the economic vitality of the community • Evaluate all city infrastructure regarding planning, management, and financial resources Page 2 of 3 ~r, CITY OF ASHLAND FISCAL IMPLICATIONS: The TAP permanent pump station is funded directly as an approved capital improvement. The total approved budget for the project as approved by Council is $4.86 million. This amount includes the previously approved budget of $4.32 million along with the Council approved increase of $541,027 to the IFA loan. While the bids for the pump station are within the engineers estimate, the overall cost for the project will exceed initial projection of $4.86 million by $236,801. These additional costs are 4.9% over the previously estimated budget total and can be accounted for in the additions specified below. Additions included: • Rogue Valley Council of Governments assistance with IFA loan requirements ($8,205) • Civil West Engineering peer review of pump station design ($5,084) • Design of a booster station to move water from the Granite zone to the Crowson zone ($21,680) • Pump selection and analysis to support a future 3.0 mgd firm capacity ($23,344) • Design for installation of a second flow meter ($4,260) • Additional coordination to meet IFA contractual requirements ($2,640) • Design of additional architectural features to meet City's agreement with property owner and coordination of site design to be consistent with property owners future development. Design of additional electrical systems to meet future 3.0 mgd firm capacity ($99,373) • Remaining amount of RH2 engineering contract that covers construction administration of permanent pump station ($85,504) Total: $236,801 STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of a construction contract with James W. Fowler Co. for construction of the TAP permanent pump station. SUGGESTED MOTION: I move to approve a contract in the amount of $1,015,000 with James W. Fowler for construction of the permanent TAP pump station. ATTACHMENTS: 1. Bid Summary 2. 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November 5, 2015 www.rh2.com mailbox@rh2.com 1.800.720.8052 Mr. Morgan Wayman Senior Project Manager City of Ashland 4vASFIINGTON Community Development LOCATIONS 51 Winburn Way 50111ELL Ashland, OR, 97520 MAIN OFFICE 22722 29t' Drive SE, Suite 210 Bothell, WA 98021 Solt ria: 1'19267Z1 t3'-LLINGIIAM Subject: Recommendation of Bid Award -TAP Intertie Booster Pump Station Dear Mr. Wayman: EAST WENATCHEE The bids for the TAP Intcrtie Booster Pump Station Improvements project were opened at 51 Winburn Way on October 29`I', 2015 at 2:00 p.m. Of the three bids received, James \x". ISSAQUAH Fowler Co. submitted the lowest bid. RICHLAND The bids for this project are as follows. TACOMA James W. Fowler Co. $1,015,000.00 McClure and Sons Inc. $1,152,727.00 Vitus Construction, Inc. $1,209,462.52 OREGON LOCATIONS The engineer's estimate was $1,040,030.00 which is 2.4% percent above James W. Fowler Co. NORTHERN OREGON bid. RI-12 Engineering, Inc., has reviewed the required documentation for the bid and MAIN OFFICE everything submitted is in accordance with the bid specifications. RI 12 Engineering, Inc. has 6500 SW Macadam Ave. Suite 125 Portland, OR 97239 also reviewed the required prequalification documentation and determined that James W. Fowler Co. is qualified to complete this work. Based on the complete bid provided and our SOUTHERN OREGON review of the submitted documentation, we recommend that they be awarded the contract central Point for this project. If you have any questions regarding this recommendation, please feel free to contact me at (541) 665-5233 ext. 5413. CEN IHAL ORE GUN Bend Sincerely, RH2 ENGINEERING, INC. Jeff Ballard, P.E. Project Manager II/Oi/1, 1:38 I'M Z:ABodudlVD,iciACMA11011-033\0-1Final li np..mri nv"M)BvRccommcndiri,u c 1 \-ad-TAPInt"tu' rcr1"r 1 rlinn_j=~b 110~li.doc; CITY OF ASHLAND Council Communication November 17, 2015 Business Meeting Approval of a Change Order in Excess of 25% for the Terrace St. Pump Station Improvement Project Pump Rental FROM: Scott A. Fleury, Engineering Services Manager, Public Works/Engineering, fleurys@ashland.or.us SUMMARY The Council is asked to approve a change order in excess of 25% for additional pump rental time required for the Terrace St. pump station improvement project. The additional pump rental time was to accommodate unanticipated constraints caused by the continuing drought. BACKGROUND AND POLICY IMPLICATIONS: The Terrace St. pump station moves irrigation water from the west irrigation canal to the water treatment plant when Ashland needs additional water supply. The City has contracted with Marquess and Associates to perform necessary engineering design work associated with the Terrace St. pump station capital improvement project. The project is aimed at improving the safety and efficiency of the pump station. In order to facilitate an appropriate final design the City initiated a process of testing pumping equipment at the pump station. A 140 HP submersible pump with variable frequency drive (VFD) and associated other hardware was rented for flow testing. The flow testing was delayed one and a half months, in order to allow "back side" users of the city irrigation ditch to continue receiving water beyond what was originally planned. The associated change order takes into account: additional costs to return the pump. No additional costs are expected. FISCAL IMPLICATIONS: The additional funds required will come from monies already budgeted within the current biennium for this project. The testing provided a net savings by verifying that smaller pumps than originally assumed will meet the design objectives at a lower final cost. This project is being financed through a 1%, 30 year loan from the Oregon Infrastructure Finance Authority. COUNCIL GOALS: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Deliver timely life-cycle capital improvement projects • Maintain and improve infrastructure that enhances the economic vitality of the community • Evaluate all city infrastructure regarding planning, management, and financial resources. STAFF RECOMMENDATION AND REQUESTED ACTION: Page 1 of 2 Ir, CITY OF ASHLAND Staff recommends approval of the contract amendment cost for an additional $20,437.79, as this work was needed to accurately optimize the pumping system design for the pump station improvements. SUGGESTED MOTIONS: I move approval of a contract amendment with Xylem for an additional $20,437.79. ATTACHMENTS: • Contract Amendment Form #10 Page 2 of 2 ~r, FORM #10 CITY OF CONTRACT AMENDMENT APPROVAL REQUEST FORM ~ Request for a Change Order Name of Supplier 1 Contractor 1 Consultant: Xylem Dewatering Solutions, Inc. Godwin Total amount of this contract amendment: Purchase Order Number: 12924 Title 1 Description: Per attached addendum, Section B - 2. $ 20,437.79 ❑ Per attached contract amendment Contract Amendment Original contract amount $13,660.00 100 % of original contract Total amount of previous contract amendments $0 0 % of original contract Amount of this contract amendment $20,437.79 150 % of original contract TOTAL AMOUNT OF CONTRACT $34,097.79 250 % 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 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 s 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 s 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: D 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 2012-01 Account Number 670.08.15.00.702400 '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 1096) Funds appropriated for current fiscal year. YES / NO Finance Director (Equal to orgreater than $5,000) Date Comments: C:\Users\shipletd\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\HIW4ND5C\11 17 15 Change Order in Excess of 25% for the Terrace St Pump Station Improvement Project Pump Rental Atchl.doc CITY OF ASHLAND Council Communication November 17, 2015, Business Meeting Request for Sewer Connection to a Residence Located Outside the City Limits and within the Urban Growth Boundary FROM: Scott A. Fleury, Engineering Services Manager, Public Works/Engineering, fleurysCa?ashland.or.us SUMMARY The Council is asked to approve of a sewer system hookup for the property located at 1104 Paradise Ln. The property is outside city limits and within the Urban Growth Boundary (UGB). Sharon Miranda and Paul Atkinson are the owners and have requested a sewer hookup for the property in question due to a failing septic system. The Department of Environmental Quality (DEQ) has informed the property owners they will not issue a new septic system permit due to current Oregon Administrative Rules and they must attempt to hook-up to the existing City sewer. Ashland Municipal Code (AMC) Section 14.08.030 lists the conditions and requirements for connection of properties located outside the City limits but within the UGB. This application currently meets or will meet all conditions of the code for connection to the City sewer system. BACKGROUND AND POLICY IMPLICATIONS: Property: The property is currently zoned RR-5 within the county, is .34 of an acre and currently supports a 2,752 square foot home. Current System Description: The current septic system that supports the residence at 1104 Paradise is no longer functioning properly. The Oregon DEQ has requested the property be connected to the City system since an existing public sewer system is within 300 feet of the property. They will not issue a permit for repair of the existing system if an option to connect to the public system exists. Impact to the City System: The future connection of the property will have minimal impact on the City's sewage system. The home contains minimal fixtures. The sewer main in this section of Paradise Ln. is an 8 inch concrete main and can handle the additional flow from one residential until without negative impact. The system development charges (SDC) for a residential property is determined by the total square footage of the habitable structure. The home is 2,752 square feet generating a SDC fee of $2,220.03 Page 1 of 3 ~i, CITY OF ASHLAND Adherence to Ashland Municipal Code 14.08.030 14.08.030 Connection - Outside City, Inside Urban Growth Boundary An occupied dwelling or building located outside the City of Ashland and inside the urban growth boundary may be connected to the sewer system when such connection is determined by the Ashland City Council to be in the best interest of the City of Ashland and to not be detrimental to the City's sewerage facilities. Such connection shall be made only upon the following conditions: A. The applicant for sewer service pays the sewer connection fee and the systems development charges established by the City Council. B. The applicant pays the full cost of extending the City of Ashland sewer main or line to the property for which sewer service is being requested. C. The applicant secures, in writing, statements from the appropriate regulatory authority that the existing sewage system has failed and that the provision of sewer by the City of Ashland does not conflict with the state and local laws, rules and regulations. D. The applicant furnishes to the City a consent to the annexation of the land, signed by the owners of record and notarized so that it may be recorded by the City and binding on future owners of the land. E. The applicant provides payment to the City, at the time of annexation, an amount equal to the current assessment for liabilities and indebtedness previously contracted by a public service district, such as Jackson County Fire District No. 5, multiplied by the number of years remaining on such indebtedness, so that the land may be withdrawn from such public service districts in accord with ORS 222.520 and at no present or future expense to the City. F. The owner executes a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City. G. The land is within the Urban Growth Boundary. H. In the event of connecting a replacement dwelling or building to the sewer system, the connection does not increase use of the sewer system as determined by the Director of Public Works. (Ord 2704, 1993; Ord 2861, 2000; Ord 3073, 2012) This application can and/or does meet all of the above listed criteria. The owner has been provided signed original copies of the consent to annexations and the deed restriction and is prepared to record those documents if the Council approves this request. Polic : Properties located outside the city limits but inside the urban growth boundary may be connected to the City sewer system as outlined in section 14.08.030 of the Ashland Municipal Code. FISCAL IMPLICATIONS: Property owners with properties located outside the city limits, who connect to the City sewer system, are required to pay SDC fees. In this instance the property is residential and is assessed by total square Page 2 of 3 CITY OF ASHLAND footage of the structure. In addition, this location will pay an established monthly service fee for the sewer connection that is twice that of a residence inside city limits. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of Ms. Miranda's and Mr. Atkinson's request to connect the property at 1104 Paradise Ln. to the City sewer system. The application has met or will meet all requirements set forth in AMC 14.08.030; there is adequate capacity in the sewer system; and there is a financial benefit to the City for the connection. SUGGESTED MOTION: Move to approve the request to connect the property at 1104 Paradise Ln. to the City sewer system. ATTACHMENTS: • Communication from DEQ Page 3 of 3 WE`, O_F_ Department of Environmental Quality :o Western Region Medford Office regon -0 221 Stewart Avenue, Suite 201 a Medford, OR 97501 9 Kate Brown, Governor (541) 776-6010 FAX (541) 776-6262 TFX 711 November 4, 2015 Sharon Miranda 488 Crowson Road Ashland, OR 97520 RE: Application for Repair Permit Denied Application # 418048, TWIN. 39S; R. IE; SEC. 15; TL# 6000 Dear Ms. Miranda, You recently applied for a permit to perform a major repair of the onsite sewage (septic) system located on your property at 1104 Paradise Lane, Ashland, OR 97520. Your application for repair permit is denied, based on the following: 1. Insufficient area exists on the property to meet the required setbacks from your well, property lines, and the intermittent stream adjacent to your property. 2. A test pit for evaluation of the soil was not provided. You have the right to apply for a permit denial review in accordance with Oregon Administrative Rule 340- 071-0165. The application for a permit denial review must be submitted within 60 days from the date of this letter and be accompanied by the denial review fee. Or, you can apply for a variance to the on-site rules. A variance application must be completed in Rill and accompanied by all of the required exhibits and fee. Please contact me at (541) 776-6130 or by email frisclikorn curtndeq.state.or.us if you have any questions concerning this letter, or if you wish to apply for a permit denial review or variance. Sincer 1 Curt Frischkorn Regional Onsite Wasterwater Specialist Oregon Department of Environmental Quality 221 Stewart Ave, Suite 201 Medford, OR 97501 CITY OF ASHLAND Council Communication November 17, 2015, Business Meeting Approval of Franchise Agreement with Avista Corporation FROM: Dave Lohman, City Attorney, david.lohman@ashland.or.us SUMMARY: Avista Corporation ("Avista") provides natural gas to customers within the City of Ashland. For many years, Avista has had a franchise agreement with the City which allows it to locate gas lines and other necessary facilities within Ashland's rights-of-way. The current franchise agreement with Avista is due for renewal. BACKGROUND AND POLICY IMPLICATIONS: The proposed franchise agreement with Avista addresses the terms and conditions of its right to use public rights-of-way within the City, including the information to be provided to the City, relocation responsibilities, and liability responsibilities. It also requires Avista to pay to the City 5% of its gross revenues generated from delivery of natural gas to customers within Ashland's borders. Under the proposed agreement, Avista also must meet the right-of-way excavation requirements in Ashland Municipal Code 13.12 Street Excavations. These terms are the same as those in the current Avista agreement. The term of the new proposed agreement is 10 years, with an option to extend for an additional 10 years upon mutual agreement. The previous agreement was for a 10 year term only. The only other substantive change from the current franchise agreement with Avista is the addition of a provision in section 3.4 making clear that Avista is subject to the requirements of the City's street tree ordinance (AMC 13.16) and tree preservation and protection ordinance (AMC 18.5). COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council authorize the City Administrator to execute the Avista Franchise Agreement. SUGGESTED MOTION: Move to authorize the City Administrator to execute the Franchise Agreement between the City of Ashland and Avista Corporation as proposed. Page I of 2 PX A CITY OF ASHLAND ATTACHMENTS: Proposed Avista Franchise Agreement Page 2 of 2 ir, AVISTA CORPORATION d/b/a AVISTA UTILITIES AND CITY OF ASHLAND, OREGON FRANCHISE AGREEMENT Avista Corporation dba Avista Utilities ("Avista"), a Washington Corporation, which is au- thorized to do business within the state of Oregon has filed with the City of Ashland, State of Oregon (the "City") a written application for a renewal of its Franchise to locate, construct, oper- ate, maintain and use such plants, works, underground pipelines, equipment and appurte- nances over, under, along and across all of City's rights of way and public property in the City for the purposes of the transmission, distribution and sale of Gas; and the City has determined it is in the interest of persons and businesses in this jurisdiction to have access to Avista's ser- vices; THEREFORE, THE CITY OF ASHLAND DOES ORDAIN: SECTION 1.0 DEFINITIONS For the purposes of this Franchise the following terms, phrases, words and their deriva- tions shall have the meaning given in this Section. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words not defined shall be given their common and or- dinary meaning. Avista: means Avista Corporation, dba Avista Utilities, a Washington corporation, and its re- spective successors and assigns, agents and contractors. City: means the City of Ashland, a municipal corporation of the State of Oregon, and its respec- tive successors and assigns. Commission: means the Oregon Public Utility Commission or such successor regulatory agen- cy having jurisdiction over investor-owned public utilities in the State of Oregon. Days: means business days. Effective Date: means the date this Agreement is fully executed by both parties, and the date from which the time requirement for any notice, extension and/or renewal shall be measured. Facilities: means, collectively, any and all gas transmission, and distribution systems and ap- purtenances owned by Avista, now and in the future in the Franchise Area, including but not lim- ited to, Gas plants, Gas pipes, pipelines, mains, laterals, conduits, regulators, valves, meters, meter-reading devices, communication and control systems and other equipment, appliances, fixtures, attachments, appurtenances and other items necessary, convenient, or in any way ap- pertaining to any and all of the foregoing for the purposes of transmission, distribution, storage and sale of Gas. Franchise: means the grant by the City of rights, privileges and authority embodied in this Con- tract. City of Ashland Gas Franchise Page 1 of 10 Rev 7/29/2015 Franchise Area: means the surface and space above and below all public property and rights- of-way, including, without limitation, rights-of-way for: public roads, streets, avenues, alleys, bridges, tunnels, City-owned easements, and highways of the City, as laid out, platted, dedicat- ed, acquired or improved within the present corporate limits of the City; • public roads, streets, avenues, alleys, bridges, tunnels, City-owned easements, and highways that may hereafter be laid out, platted, dedicated, acquired or improved within the present corporate limits of the City and as such limits may be extended by annexation or otherwise during the term of this Franchise; and • all City-owned utility easements dedicated for the placement and location of various utilities, provided such easements would permit Avista to fully exercise the rights granted under this Franchise within the area covered by the easement. Gas: means natural, manufactured, renewable and/or mixed gases. Maintenance, maintaining, or maintain: means, without limit, repairing, replacing, upgrading, examining, testing, inspecting, and removing Avista Facilities, vegetation management, digging and excavating, and restoration of affected Right-of-way surfaces. Parties: means City and Avista collectively. Party: means either City or Avista individually. Person: means a business entity or natural person. Right-of-way: means the surface of and the space along, above, and below any street, road, highway, freeway, bridge, tunnel, lane, sidewalk, alley, City-owned utility easement and/or right- of-way now or hereafter held or administered by the City within its corporate limits. State: means the State of Oregon. Tariff: means the rate schedules, rules, and regulations relating to utility service, filed with and approved by the Commission in effect upon execution and throughout the term of this Fran- chise. SECTION 2.0 GRANT OF FRANCHISE 2.1 Grant City hereby grants to Avista the right, power, privilege and authority to enter upon all roads, rights-of-way, streets, alleys, highways, public places or structures, lying within the Franchise Area to locate, construct, operate and maintain its Facilities for the purpose of controlling, transmitting and distributing Gas, as may be necessary to provide Gas service to customers within the Franchise Area. 2.2 Effective Date This Contract will be effective thirty (30) calendar days following the date of approval and pas- sage as required by law. 2.3 Term The rights, privileges and Franchise granted to Avista will extend for a term of 10 years from the Effective Date, and shall continue year-to-year thereafter, until it is otherwise renewed for an- other 10-year term, or terminated by either Party, with not less than 180 days prior written notice to the other Party. Avista Utilities Franchise Agreement Page 2 of 10 Both parties may agree to the option of one successive 10 year renewal of this Franchise follow- ing the initial term of this Franchise. No fewer than 30 days prior to expiration of the initial term of this Franchise, either Party shall notify the other Party in writing a request to renew for a 10 year period. If both Parties agree to the renewal, the renewal date shall commence the day im- mediately following the expiration date of the current term, and all terms and conditions of the Franchise shall remain the same. 2.4 Non-Exclusive Franchise This Franchise is not an exclusive Franchise. This Franchise shall not prohibit the City from granting other franchises within the Franchise Area that do not interfere with Avista's rights un- der this Franchise. City may not, however, award a Gas Franchise to another party under more favorable or less onerous terms than those of this Franchise without this Franchise being amended to reflect such more favorable or less onerous terms. 2.5 Notice of City's Intent to Compete with Avista In consideration of Avista's undertaking pursuant to this Franchise, the City agrees that in the event the City intends to engage in the business of providing Gas service during the life of this Franchise or any extension of this Franchise, in competition with Avista, the City will provide Avista with six (6) months notice of such action. 2.6 Assignment of Franchise Avista shall have the right to assign its rights, benefits and privileges under this Franchise. Any assignee shall, within thirty (30) days of the date of any assignment, file written notice of the as- signment with the City together with its written acceptance of all terms and conditions of this Franchise. As permitted by federal and state law and Commission regulation, Avista shall have the right, without notice to or consent of the City, to mortgage or hypothecate its rights, benefits and privileges in and under this Franchise as security for indebtedness. 2.7 Payment of Franchise Fees 2.7.1 In consideration of the rights, privileges, and franchise granted by City to Avista under this Franchise, Avista will pay City five percent (5%) of Avista's gross rev- enues derived from service to customers located within City (the "Franchise Fee"). Avista will pay the Franchise Fee in quarterly installments, which quarterly installments will be due not later than thirty (30) days following the end of the quarter to which the payment relates. Except as otherwise provided in OAR 860- 022-0040, "gross revenue(s)" means revenues received from utility operations within City, less related net uncollectables.Gross revenues of an energy utility shall include revenues from the use, rental, or lease of the utility's operating fa- cilities other than residential-type space and water heating equipment. Gross revenues shall not include proceeds from the sale of bonds, mortgageor other evidence of indebtedness, securities or stocks, sales at wholesale by one utility to another utility purchasing the service is not the ultimate customer, or revenue from joint pole use. Avista Utilities Franchise Agreement Page 3 of 10 2.7.2 Contemporaneously with each quarterly payment, Avista will file with City a sworn statement describing the total gross revenues Avista received during the applicable quarter (the "Accounting Statement"). City's acceptance of any pay- ments under this Section 2.7 will not constitute a waiver by City of any Avista breach of this Franchise. 2.7.3 Inspection of Books and Records. On ten (10) days' advance written notice to Avista, City may review such Avista books, records, documentation, and/or information that City reasonably deter- mines necessary or appropriate to audit an Accounting Statement and/or ascer- tain Avista's compliance with this Franchise. Avista will cooperate with City in conducting any inspection and/or audit and will correct any discrepancies affect- ing City's interest in a prompt and efficient manner. Avista will keep all its books, records, documentation, and/or information at its Spokane, Washington head- quarters. SECTION 3.0 AVISTA'S OPERATIONS AND MAINTENANCE 3.1 Compliance with Laws, Regulations, Codes and Standards In carrying out any authorized activities under the privileges granted by this Franchise, Avista shall meet accepted industry standards and codes and shall comply with all applicable laws, regulations and ordinances of any governmental entity with jurisdiction over Avista's Facilities in the Franchise Area. This includes all applicable, laws, regulations and ordinances existing as of the Effective Date or may be subsequently enacted by any governmental entity with jurisdiction over Avista's operations within the Franchise Area. The City shall have the right to make and enforce reasonable rules and regulations pertaining to the conduct of Avista's operations within the Franchise Area. Prior to the adoption of any new rule, procedure or policy, Avista shall be provided a written draft document for comment with a response period of not less than thirty days. Service shall be supplied to the City and its inhabitants in accordance with Avista's rules and regulations and Tariffs currently or subsequently filed with and approved by the Commis- sion. 3.2 Facility Location by Avista and Non-interference Avista shall have the discretion to determine the placement of its Facilities as may be necessary to provide safe and reliable Gas service within the Franchise Area, subject to the following non- interference requirements. All construction, installation, repair or relocation of Avista's Facilities performed by Avista in the Franchise Area will be done in such a manner as not to interfere with the construction and maintenance of other utilities, drains, drainage and irrigation ditches and structures, and City-owned property within the Franchise Area. 3.3 Facility Location Information Avista shall provide the City, upon the City's reasonable request, Facility location information in electronic or hard copy showing the location of its Facilities at specific locations within the Fran- chised Area, to the extent such information is reasonably available. Avista does not warrant the Avista Utilities Franchise Agreement Page 4 of 10 accuracy of any such Facility location information provided and, to the extent the location of Fa- cilities are shown, such Facilities may be shown in their approximate location. With respect to any excavations within the Franchise Area undertaken by or on behalf of Avista or the City, nothing stated in this Franchise is intended (nor shall be construed) to relieve either party of their respective obligations arising under the State one-call law with respect to determining the location of existing underground utility facilities in the vicinity of such excavations prior to com- mencing work. 3.4 Vegetation Management -Removal of Trees/Vegetation Encroachment The right of Avista to maintain its Facilities shall include the right, as exercised in Avista's pro- fessional discretion to minimize the likelihood that encroaching (either above or below the ground) vegetation can interfere with or limit access to Avista's Facilities, or pose a threat to public safety and welfare. Subject to requirements under AMC Chapter 13.16 Street Tree ordi- nance, and Chapter 18.4.5, Tree Preservation and Protection ordinance, Avista or its agents may accordingly remove or limit, without recourse or payment of compensation, the growth of vegetation which encroaches upon its Facilities and Gas transmission and distribution corridors within the Franchise Area. 3.5 Right of Excavation For the purpose of implementing the privileges granted under this Franchise, and after any re- quired notification is made to the City, Avista is authorized to make any necessary excavations in, under and across the streets, alleys, roads, rights-of-way and public grounds within the Fran- chise Area. Such excavation shall be carried out with reasonable dispatch and with as little in- terference with or inconvenience to the public as may be feasible. Avista shall remove all debris stemming from excavation and construction. The Right-of-way surface shall be restored by Avista after excavation, in accordance with applicable City and Avista specifications. 3.6 Emergency Work In the event of an emergency requiring immediate action by Avista to protect the public health and safety or for the protection of its Facilities, or the property of the City or other persons in the Franchise Area, Avista may immediately proceed with excavation or other Right-of-way work, with concurrent notice to the City to the extent possible. SECTION 4.0 RESERVATION OF CITY'S RIGHTS AND POWERS 4.1 Reservation of Right The City, in granting this Franchise, does not waive any rights which it may not have or may subsequently acquire with respect to road rights-of-way or other property of City under this Franchise, and this Franchise shall not be construed to deprive the City of any such powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to con- trol the City's roads, rights-of-way and other public property covered by this Franchise. Nothing in the terms of this Franchise shall be construed or deemed to prevent the City from exercising at any time and any power of eminent domain granted to it under the laws of this State. Avista Utilities Franchise Agreement Page 5 of 10 4.2 Necessary Construction/Maintenance by City The construction, operation and maintenance of Avista's Facilities authorized by this Franchise shall not preclude the City, its agents or its contractors, from grading, excavating, or doing other necessary road work contiguous to Avista's Facilities, provided that Avista shall be given not less than ten business days' notice of said work, except in events of emergency when there ex- ists an unforeseen and substantial risk or threat to public health, safety, welfare, or waste of re- sources in which case the City will make reasonable efforts to contact Avista prior to doing the necessary work. It is provided further that the City, its agents and contractors, shall be liable for any damages, including any consequential damages to third parties, caused by said work to any Facilities belonging to Avista. 4.3 Expansion of Avista's Facilities Facilities in the City's Franchise Area that are incidental to the Franchise Area, or that have been, or are at any future time acquired, newly constructed, leased, or utilized in any manner by Avista shall be subject to all provisions of this Franchise. 4.4 Change of Boundaries of the City Any subsequent additions or modifications of the boundaries of the City, whether by annexation, consolidation, or otherwise, shall be subject to the provisions of this Franchise as to all such ar- eas. The City shall notify Avista of the scope of any change of boundaries not less than thirty (30) days prior to such change becoming effective or in accordance with applicable state laws, and shall affirm, authorize and ratify all prior installations authorized by permits or other action not previously covered by this Franchise. 4.5 Removal of Abandoned Facilities During the Term of this Franchise, or upon a revocation or non-renewal of this Franchise, the City may direct Avista to remove designated abandoned Facilities from the Franchise Area at its own expense and as soon as practicable, but only where such abandoned Facilities constitute a demonstrated threat to public health and safety. Avista shall not be required to remove, or pay for the removal of facilities it has previously abandoned to another franchisee, or utility under a joint use agreement, or Person granted permission to access Avista's facilities. 4.6 Vacation of Properties by City If, at any time, the City shall vacate any road, right-of-way or other public property which is sub- ject to rights granted by this Franchise, such vacation shall be subject to the reservation of a perpetual easement to Avista for the purpose of operating, maintaining, and upgrading Avista's Facilities on the affected property. The City shall, in its vacation procedure, reserve and grant said easement to Avista for Avista's Facilities and shall also expressly prohibit any use of the vacated properties which will interfere with Avista's full enjoyment and use of said easement. SECTION 5.0 RELOCATION OF AVISTA'S FACILITIES 5.1 Relocation of Facilities Requested by City Upon request of the City, Avista shall relocate its Facilities as necessary within the Franchise Area as specifically designated by the City for such purpose. The City shall provide Avista rea- Avista Utilities Franchise Agreement Page 6 of 10 sonable notice of any intended or expected requirement or request to relocate Avista's Facili- ties, but not less than ninety (90) calendar days prior to any such relocation except in cases of emergency or not otherwise reasonably foreseeable by the City. The City shall use reasonable efforts to cause any such relocation to be consistent with any applicable long-term development plan(s) of the City. In the event a relocation forces Avista off City's existing Public Right(s) of Way then the City shall accommodate such relocation by securing an acceptable, alternate location for utilities. If the City requires the subsequent relocation of any of Avista's Facilities within three (3) years from the date of relocation of such Facilities or installation of new Facilities, the City shall bear the entire cost of such subsequent relocation. Avista agrees to relocate all Facilities promptly within a reasonable time. Upon notice from the City, the parties agree to meet and determine a reasonable relocation time, which shall not exceed the time normally needed for construction projects of the nature of the City's relocation request unless otherwise mutually agreed. Notwithstanding the above, Avista shall not be required to relocate facilities of other entities that were abandoned to another franchisee. Such relocation of these types of facilities shall be ac- cordance with Section 5.2 below. This provision shall not apply to Facilities in place pursuant to private easement held by Avista, regardless of whether such Facilities are also located within the Franchise Area. In the event the City requests relocation of Facilities that are in place pursuant to an existing easement, said relocation shall be treated in the same manner as a relocation requested by third parties under Section 5.2, below. 5.2 Relocation of Facilities Requested by Third Parties City acknowledges that Avista is obligated to provide gas service and related line extension or relocation of Facilities for the benefit of its customers and to require compensation for such ser- vices on a non-preferential basis in accordance with applicable Tariffs. If Facilities are to be relocated at the request of or for the primary benefit of a third party, the City shall not require Avista to relocate its Facilities until such time as a suitable location can be found and the third party has entered into an agreement to reimburse Avista for its reasonable costs of relocation 5.3 Availability of Other Funds In the event federal, state or other funds are available in whole or in part for utility relocating purposes, the City agrees to use reasonable efforts to apply for such funds, provided such funds do not interfere with the City's right to obtain the same or similar funds, or otherwise create any expense or detriment to the City. The City may recover all costs, including internal costs, asso- ciated with obtaining such funds. Avista Utilities Franchise Agreement Page 7 of 10 SECTION 6.0 INDEMNITY 6.1 Indemnification of City Avista agrees to defend and indemnify the City, its appointed and elected officers and employees or agents, from any and all liabilities, claims, causes of action, losses, damages and expenses, including costs and reasonable attorneys fees, that the City may sustain, incur, be- come liable for, or be required to pay, as a consequence of or arising from the negligent acts or omissions of Avista, its officers, employees or agents in connection with Avista's obligations un- der this Franchise; provided, however, that this indemnification provision shall not apply to the extent that said liabilities, claims, damages and losses were caused by or result from the negli- gence of the City, elected officers and employees or agents. 6.2 Indemnification of Avista To the extent permitted by law, City agrees to defend and indemnify Avista, its officers and employees, from any and all liabilities, claims, causes of action, losses, damages and ex- penses, including costs and reasonable attorneys fees, that Avista may sustain, incur, become liable for, or be required to pay, as a consequence of or arising from the negligent acts or omis- sions of the City, its appointed and elected officers and employees or agents in connection with City's obligations under this Franchise; provided, however, that this indemnification provision shall not apply to the extent that said liabilities, claims, damages, losses and so forth were caused by or result from the negligence of Avista, its employees or agents. SECTION 7.0 FRANCHISE DISPUTE RESOLUTION 7.1 Non-waiver Failure of a Party to declare any breach or default of this Franchise immediately upon the occur- rence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but the Party shall have the right to declare any such breach or default at any time. Failure of a Party to declare one breach or default does not act as a waiver of the Party's right to declare another breach or default. In addition, the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a revocation and forfeiture for breach of the condi- tions of the Franchise. 7.2 Dispute Resolution by the Parties Disputes regarding the interpretation or execution of the terms of this Franchise that cannot be resolved by department counterparts representing the Parties, shall be submitted to the City's Attorney and an attorney representing Avista for resolution. If a mutually satisfactory or timely resolution cannot then be reached by the above process, prior to resorting to a court of compe- tent jurisdiction, the Parties shall submit the dispute to a non-binding alternate dispute resolution process agreed to by the Parties. Avista Utilities Franchise Agreement Page 8 of 10 7.3 Right of Enforcement No provision of this Franchise shall be deemed to bar the right of the City or Avista to seek judi- cial relief from a violation of any provision of the Franchise to recover monetary damages for such violations by the other party or to seek enforcement of the other Party's obligations under this Franchise by means of specific performance, injunctive relief or any other remedy at law or in equity pursuant to Section 7.4. Any litigation between the City and Avista arising under or re- garding this Franchise shall occur, if in the state courts, in a court of competent jurisdiction, and if in the federal courts, in the United States District Court for the District of Oregon. 7.4 Attorneys' Fees and Costs Each Party shall pay for its own attorneys' fees and costs incurred in any dispute resolution pro- cess or legal action arising out of the existence of this Franchise. SECTION 8.0 GENERAL PROVISIONS 8.1 Franchise as Contract, No Third Party Beneficiaries This Franchise is a contract between the Parties and binds and benefits the Parties and their respective successors and assigns. This Franchise does not and is not intended to confer any rights or remedies upon any persons, entities or beneficiaries other than the Parties. 8.2 Force Majeure In the event that Avista is delayed in or prevented from the performance of any of its obligations under the Franchise by circumstances beyond Avista's control (Force Majeure) including, with- out limitation, third party labor disputes, fire, explosion, flood, earthquake, power outage, acts of God, war or other hostilities and civil commotion, then Avista's performance shall be excused during the period of the Force Majeure occurrence. Avista will use all commercially reasonable efforts to minimize the period of the disability due to the occurrence. Upon removal or termina- tion of the occurrence Avista will promptly resume performance of the affected Franchise obliga- tions in an orderly and expeditious manner. 8.3 Prior Franchises Superseded As of the Effective Date this Franchise shall supersede all prior gas franchises for the Franchise Area previously granted to Avista or its predecessors by City, and shall affirm, authorize and rat- ify all prior installations authorized by permits or other action not previously covered by fran- chise. Termination of the prior Franchise shall not, however, relieve the Parties from any obliga- tions which accrued under said Franchise prior to its termination, including but not limited to, any outstanding indemnity, reimbursement or administrative fee payment obligations. 8.4 Severability The Franchise is granted pursuant to the laws of the State of Oregon relating to the granting of such rights and privileges by City. If any article, section, sentence, clause, or phrase of this Franchise is for any reason held illegal, invalid, or unconstitutional, such invalidity shall not af- fect the validity of the Franchise or any of the remaining portions. The invalidity of any portion of this Franchise shall not abate, reduce, or otherwise affect any obligation required of Avista. Avista Utilities Franchise Agreement Page 9 of 10 8.5 Changes or Amendments Changes or amendments to this Franchise shall not be effective until lawfully adopted by the City and agreed to by Avista. 8.6 Supremacy and Governing Law This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Oregon. In the event of any conflict between this Franchise and any City ordinance, regulation or permit, the provisions of this Franchise shall control. In the event of a conflict between the provisions of this Franchise and Avista's applicable Tariff on file with the Commission, the Tariff shall control. 8.7 Headings The headings or titles in this Franchise are for the purpose of reference only and shall not in any way affect the interpretation or construction of this Franchise. 8.8 Acceptance of Franchise. Avista shall, within 30 days after passage of this Contract, file with the CityRecorder, its ac- ceptance of the terms and conditions of this Franchise. 8.9 Abandonment or Suspension of Franchise Rights and Obligations Avista may abandon or amend the rights and authorities granted hereunder, provided that six (6) months' written notice of intention to abandon is given to City. In addition, pursuant to Sec- tion 8.6 and in the event a conflict exists between the terms of this Franchise and Avista's Tariff with the Commission that cannot be resolved, Avista may suspend or abandon the rights and obligations of this Franchise upon reasonable notice to the City. IN WITNESS WHEREOF, the parties have signed this agreement. AVISTA CORPORATION CITY OF ASHLAND D/B/A AVISTA UTILITIES By: By: Dennis Vermillion Dave Kanner Title: President, Avista Utilities Title: City Administrator Date: Date: Approved as to form: David H. Lohman Ashland City Attorney Avista Utilities Franchise Agreement Page 10 of 10 CITY OF -ASHLAND Council Communication November 17, 2015, Business Meeting Continuation of First Reading of an ordinance amending the City of Ashland Land Use Ordinance (Chapter 18) to adopt the Normal Neighborhood Plan Zoning District, and Second Reading of two ordinances relating to the adoption of Comprehensive Plan and Transportation System Plan amendments implementing the Normal Neighborhood Plan FROM: Brandon Goldman, Senior Planner, Community Development Department Brandon. Goldman@ashland.or.us SUMMARY A new chapter of the Ashland Land Use Ordinance (Ch. 18.3.4) is presented for first reading of an ordinance to implement the Normal Neighborhood Plan. Staff requests that second reading of this ordinance, as well as second reading of two other related ordinances, be scheduled for December 15. BACKGROUND 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. A detailed description of the proposed Normal Neighborhood plan's land use, transportation, and open space, frameworks is provided in the planning Action (PL-2013-01858) Staff Report dated July 28, 2015, and Staff Report Addendum dated August 11, 2015. The City Council held a Public Hearing on September 1 st, 15th and October 6th, and passed first reading of two of the three Normal Neighborhood Plan presented for consideration (Ordinances #1 and 42). The Council was unable to conclude deliberations regarding the first reading of the proposed Normal Neighborhood Plan Land Use ordinance amendments (Ordinance 43), which was continued to October 20, 2015. First reading of ordinance #3 was not addressed that evening, therefore the item was continued to Nov 17, 2015. The October 20, 2015, Council motion continuing the review of the Normal Neighborhood Plan ordinances stipulated that all three ordinances be brought back to Council on November 17t", and as such each are shown on the meeting agenda as directed. However, staff recommends the City Council not consider second reading of the three ordinances until December 15, 2015. In this way all three inter-related ordinances can be presented for second reading during the same meeting. The public hearing for first reading of each of the ordinances has concluded, thus there will be no opportunity for public comment this evening. Public testimony, relating exclusively to amendments made to each of the three ordinances, will be permitted at second reading. Page I of 4 ~r, CITY OF ASHLAND NEXT STEPS Upon approval of first reading of the ordinance amending the Land Use Ordinance, the final Chapter 18.3.4m, with any amendments approved by the City Council, will be presented to the City Council for second reading on December 15, 2015. First reading of the Normal Neighborhood Plan ordinances amending the Comprehensive Plan, Comprehensive Plan Maps, and Transportation System Plan were approved by the City Council on October 6, 2015. Staff recommends the City Council postpone second reading of these ordinances to December 15, 2015. In this way all three inter-related ordinances can be presented for second reading during the same meeting. 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 The City Council Communication dated September 1, 2015, and the Staff Report dated July 28, 2015, each outline the planning and transportation commission recommendations in full for all three proposed ordinances. Specifically relating to the proposed Land Use Ordinance amendments (Ordinance #3) the Planning Commission forwarded the following recommendations for Council's consideration: 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 recommends the revisions to 18.3.4.060 presented below to amend the Normal Neighborhood District Site Development and Design Standards (18.3.4.060) to directly reference the language in the framework document, include a stated purpose for open space within a new section, and identify criteria to be evaluated in granting such a minor amendment. as follows: 18.3.4.060 A 5 Conformance with Open Space Network Plan Page 2 of 4 Ir, CITY OF ASHLAND New developments must provide open space consistent with the design concepts within the Greenway and Omen Space chapter of the Normal Neighborhood Plan Framework and in conformance with the Normal Neighborhood Plan Open Space Network Map. The open space nehvork will be designed to support the neighborhood's distinctive character and provide passive recreational opportunities where people can connect with nature where water resources are protected and where riparian corridors and wetlands are preserved and enhanced. a The application demonstrates that equal or better protection for identified resources will be ensured through restoration enhancement and mitigation measures. b The application demonstrates that connections between open spaces are created and maintained providing for an interlinked system of greenways. c. The application demonstrates that open spaces function to provide habitat for wildlife, promote environmental quality by absorbing storing, and releasing stormvvater, 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 qualilv of life are preserved by buffering areas of development fi-om one another. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approve first reading of the ordinance 93, amending the Land Use Ordinance to implement the Normal Neighborhood Plan, and schedule second reading of this ordinance on December 15, 2015. Staff recommends the Council reschedule second reading of Ordinance 41 and Ordinance 92, which passed First Reading on October 6, 2015, to take place on December 15, 2015. Council approval of Ordinance #3 (as presented, incorporating the Planning Commission recommendations, or with specific recommended changes) would affect the following: • Amend the Land Use ordinance to include the Normal Neighborhood District Chapter (18.3.4) including the Normal Neighborhood Plan Zoning Classification map, and Site Development and Design Standards. SUGGESTED MOTION(S): Individual motions are required to address first reading of the, Land Use Ordinance amendments Ordinance #3), and to re-schedule second reading for Ordinances #2 and 93: Ordinance 3, Land Use Ordinance amendments first reading I move to approve the first reading by title only of an ordinance titled: "AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE CREATING A NEW CHAPTER 18.3.4 NORMAL NEIGHBORHOOD DISTRICT, AMENDING CHAPTER 18.2.1.020 TO ADD A NORMAL 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 on December 15, 2015. Ordinance I and 2 second reading Page 3 of 4 CITY OF ASHLAND I move to continue second reading of Normal Neighborhood Plan ordinances amending the Comprehensive Plan, Comprehensive Plan Maps, and Transportation System Plan to December 15, 2015. ELECTRONIC ATTACHMENTS Each of the items below has previously been included within a City Council Regular Meeting Packet (9/1/2015) and are thus provided below as electronic links for Council's convenience. • Council Communication (dated 9/1/2015) • Staff Report Addendum dated August 11, 2015. • Staff Report dated July 28, 2015, • Ordinance #1 - Comprehensive Plan amendments o Exhibit A (introduction amendment) o Exhibit B (framework document) o Exhibit C (map) • Ordinance 42 - Transportation System Plan and Sheet Design Standards amendments o Exhibit A (Street Network Map) o Exhibit B (Pedestrian and Bicycle Network Map) • Ordinance #3 - Land Use Ordinance (Ch 18) amendments o Exhibit A • Planning Commission Report 4/22/2014) • Working Groin memo dated (12/2/2014) • Normal Neighborhood Plan Goals and Objectives • Hardy Engineering Executive Summary East Main Street & Railroad crossing infrastructure costs and financing assessment. • Letters Public letters submitted relating to Planning Action PL-2013-01858 are not physically attached to this Council Communication, however they remain available online at www.ashland.or.us/normalplan, Page 4 of 4 I`, CITY OF -ASHLAND Council Communication September 1, 2015, Business Meeting First Reading of three separate ordinances amending the City of Ashland Comprehensive Plan, Comprehensive Plan Maps, Transportation System Plan, and Land Use Ordinance (Chapter 18) to adopt the Normal Neighborhood Plan FROM: Brandon Goldman, Senior Planner, Community Development Department Brandon. Go ldman@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 I of 9 ~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`h 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 Resort dated 4/22/2014, the working group drafted a general vision for the neighborhood and formulated a summary list of recommended plan amendments (Working Group memo dated December 2. 2014) for Council's consideration. The City Council directed the working group to work with staff to amend the plan to incorporate the amendments to land use classifications, allowable housing densities, and internal transportation network layout, thus altering the initial draft of the plan the Planning Commission had based the April 22, 2014, Planning Commission report upon. The working group did concur with the Planning Commission's recommendation that the open space areas are a neighborhood defining characteristic and should remain as presented in the original draft plan, however changed the amendment process for potential reductions of open space areas to correlate with approved wetland delineations. Upon review of this open space amendment process change the Planning Commission has provided specific recommendations as outlined within the Commission Recommendations section below. The Council further requested staff obtain cost estimates regarding needed Capital Improvements to East Main Street and the future Railroad crossing at Normal Avenue, and that the working group examine City's potential role in making such off-site improvements. The working group determined that a public railroad crossing and improvements to East Main St., are integral and should proceed in concert with development and recognized that the city may need to play a role in the financing/ implementation of these projects. The Public Works Department and Hardy Engineering completed a general cost analysis for improvements to public rail crossing and East Main Street and further evaluated the role of private and public financing. which was presented to the Working Group on April 15, 2015. Upon review of the Hardy Engineering Executive Summary the working group amended the plan framework to include a new section, Advance Financing and Phasing of Public Improvements (p30), that acknowledged that a phased approach to East Main Street improvements may be an option to consider with future annexation proposals, and that the City would consider the participation in an advance financing district to assist in acquiring full street improvements at the initiation of development within the area. Page 2 of 9 kITALE, 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 H. 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.- ] ) Should the development occur along East Main, at a minimum, a sidewalk is to be developed between Walker and Clay Street. 2) Should the development occur along the railroad tracks, at a minimum, the railroad crossing needs to be completed. These recommendations have already been incorporated into the Normal Neighborhood Plan Framework's Mobility section (pg 30) as is presented to the City Council for consideration. Housing and Human Services Commission The Housing and Human Services Commission did not hold a public hearing regarding the draft plan Page 3 of 9 IWALI&A 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 41 - Comprehensive Plan amendments o Elimination of a sentence within the framework document (pg 28):that indicates the use of alleys and rear lanes reduces pavement: ■ "the narrow street section of rear lanes reduces the extent of impervious surfaces in the Normal Neighborhood and supports wetland and stream health o Amend the Normal Neighborhood Plan Framework housing types description for Pedestrian- Oriented Clustered Residential Units (pg.8) to newly include NN-1-5 as a zoning classification that permits such units. ■ This change pre-supposes a related change to the Land Use Ordinance (43) to include Pedestrian Cluster Housing as a permitted use within the Single-Family zoning designation ( NN-1-5). Ordinance 92 Transportation System Plan o Broaden the Shared Street description to allow this new street type to be applied in areas other than those that are physically constrained. If directed by Council to amend the description staff would revise the proposed language to read as follows: ■ Provides access to residential uses in an area in which right-of-way is constrained by natural features, topography or historically significant structures. The Shared streets may additionally be used in circumstances where a slower speed street, collectively shared by pedestrians, bicycles, and autos, is a functional and preferred design alternative. The design of the street should emphasize a slower speed environment and provide clear physical and visual indications the space is shared across modes. Ordinance #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 9 ~4, CITY OF -ASHLAND section 18.3.4.060.A as presented below, which would codify the "stated purpose" of open space. Staff believes this newly proposed section should be added to the Normal Neighborhood District standards independent of the decision to require either a minor or major amendment process for reductions in open space areas. Amend the Normal Neighborhood District Site Development and Design Standards (18.3.4.060) to directly reference the language in the framework document, and to include a stated purpose for open space within a new section as follows: 18.3.4.060 A 5. Conformance with Open Space Network Plan New developments must provide open space consistent with the design concepts within the Greenway and Open Space chapter of the Normal Neighborhood Plan Framework and in conformance with the Normal Neighborhood Plan Open Space Network Map. The open space network will be designed to support the neighborhood's distinctive character and provide passive recreational opportunities where people can connect with nature where water resources are protected and where riparian corridors and wetlands are preserved and enhanced a. The application demonstrates that equal or better protection for identified resources will be ensured through restoration, enhancement, and mitigation measures. b. The application demonstrates that connections between open spaces are created and maintained providing for an interlinked s sty em of rem enways. c. The application demonstrates that open spaces function to provide habitat for wildlife, promote environmental quality by absorbing, storing, and releasing tormwater, and protect future development from flood hazards, d. The application demonstrates that scenic views considered important to the community are protected and community character and duality of life are preserved by buf ering 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 41 (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 9 CITY OF -ASHLAND • Amend the Transportation System Plan to incorporate the Normal Neighborhood Street network as proposed: o Amend the Street Dedication Map (TSP Figure 10-1) to incorporate the plan area's proposed Street Network, and reclassification of Normal "Avenue" to be a Neighborhood Collector. o Amend the Planned Intersection and Roadway Improvement Map (TSP Figure 10-3) to include East Main Street as a Planned Roadway Project. o Amend the Planned Bikeway Network Map (TSP Figure 8-1) to incorporate the planned multi-use trails within the Normal Neighborhood Plan. • Amend the Street Design Standards (Chapter 18.4.6) to incorporate the new Shared Street classification. Council approval of Ordinance #3 (as presented, incorporating the Planning Commission recommendations, or with specific recommended changes) would affect the following: • Amend the Land Use ordinance to include the Normal Neighborhood District Chapter (18.3.4) including the Normal Neighborhood Plan Zoning Classification map, and Site Development and Design Standards. SUGGESTED MOTION(S): Individual motions are required to address each of the three proposed ordinances separately: Ordinance 1 I move to approve the first reading by title only of an ordinance titled: "AN ORDINANCE AMENDING THE CITY OF ASHLAND COMPREHENSIVE PLAN TO ADD A NORMAL NEIGHBORHOOD PLAN DESIGNATION TO CHAPTER II [INTRODUCTION AND DEFINITIONS], ADD THE NORMAL NEIGHBORHOOD LAND CATEGORIES TO CHAPTER IV [HOUSING ELEMENT], CHANGE THE COMPREHENSIVE PLAN MAP DESIGNATION FOR APPROXIMATELY 94 ACRES OF LAND WITHIN THE CITY OF ASHLAND URBAN GROWTH BOUNDARY FROM SINGLE FAMILY RESIDENTIAL AND SUBURBAN RESIDENTIAL TO THE NORMAL NEIGHBORHOOD PLAN DESIGNATION, AND ADOPT THE NORMAL NEIGHBORHOOD PLAN FRAMEWORK AS A SUPPORT DOCUMENT TO THE CITY OF ASHLAND COMPREHENSIVE PLAN," [with the following changes...] and move the ordinance on to second reading. Ordinance 2 1 move to approve the first reading by title only of an ordinance titled: ``AN ORDINANCE AMENDING THE STREET DEDICATION MAP, PLANNED INTERSECTION AND ROADWAY IMPROVEMENT MAP, AND PLANNED BIKEWAY NETWORK MAP OF THE ASHLAND TRANSPORTATION SYSTEM PLAN FOR THE NORMAL NEIGHBORHOOD PLAN AREA, AND AMENDING STREET DESIGN STANDARDS WITHIN THE ASHLAND MUNICIPAL CODE CHAPTER 18.4.6 TO ADD A NEW SHARED STREET CLASSIFICATION', [with the following changes ]and move the ordinance on to second reading. Ordinance 3 I move to approve the first reading by title only of an ordinance titled: "AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE CREATING A NEW CHAPTER 18.3.4 NORMAL NEIGHBORHOOD DISTRICT, AMENDING CHAPTER 18.2.1.020 TO ADD A NORMAL Page 6 of9 11MIA 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: • Staff Report Addendum dated August 11. 2015. • Staff Report dated July 28. 2015, • Ordinance #1 - Comprehensive Plan amendments o Exhibit A (introduction amendment) o Exhibit B (framework document) o Exhibit C (map) • Ordinance 42 - Transportation System Plan and Street Design Standards amendments o Exhibit A (Street Network Map) o Exhibit B (Pedestrian and Bicycle Network Map) • Ordinance #3 - Land Use Ordinance (Ch 18) amendments o Exhibit A • Planning Commission Report (4/22/2014) • Working Group memo dated (12/2/2014) • Normal Neighborhood Plan Goals and Objectives • Hardy Engineering Executive Summary East Main Street & Railroad crossing infrastructure costs and financing assessment. Electronic links • Working Group Meeting Minutes: 0 5/21/2015 o 11/20/2014 o 9/18/2014 o 7/24/2014 0 5/7/2015 o 10/23/2014 o 9/4/2014 o 7/10/2014 0 4/15/2015 o 10/09/2014 o 8/21/2014 o 6/19/2014 • Planning Commission Meeting Minutes 0 7/28/2015 0 8/1 1/2015 (Draft Minutes, pending Planning Commission review) • Transportation Commission Meeting Minutes o 4/23/2015 • Housing and Human Services Commission Meeting Minutes o 3/27/2014 • Letters Public letters submitted relating to Planning Action PL-2013-01858 , including prior iterations of the draft plan (pre-July 2015), are not physically attached to this Council Communication, however they remain available online at www.ashland.or.us/normalpIan, which includes the following electronically linked letters: 2015 2014 2013 All 2015 letters combined All 2014 letters combined - All 2013 letters combined - -PDF PDF PDF o Vidmar letter (7/13/2015) o Jones/MaharHomes letter o DeMarinis letter and exhibits o Vidmar letter (3/31/2015) (11/20/2014) (10/31/2013) Page 7 of 9 ~r, CITY OF ASHLAND o Miller letter (3/23/2015) o Vidmar letter (11/15/2014) o DeMarinis letter and o Alvarez letter 8/20/2015 o ACCESS Inc. letter exhibits (10/8/2013) o Hoffman letter 8/11/2015 (11/12/2014) o Meadowbrook Home Owners o Lutz letter 7/28/2015 o Vidmar letter (10/27/2014) (Anderson) letter and exhibits o Anderson letter 7/28/2015 o Miller letter (9/29/2014) (10/8/2013) o Hoffman letter 7/27/2015 o Mahar Homes Concept Plan o Ashland Meadows o DeMarinis letter 8/25/2015 (9/18/2014) (Skuratowicz) letter (10/8/2013) o Lutz letter (9/17/2014) o Koopman letter and exhibits o Miller letter (9/12/2014 (10/8/2013) o Miller letter (9/03/2014) o Lutz letter (9/26/2013) o Boyer letter (8/20/2014) o Vidmar letter (7/29/2013) o DeMarinis letter (8/06/2014) o Carse letter (6/27/2013) o Boyer Letter (8/06/2014) o Gracepoint letter (6/12/2013) o Vidmar letter (7/30/2014) o Vidmar letter (4/26/2013) o Breon letter (7/22/2014) o Shore letter (4/10/2013) o DeMarinis letter (7/22/2014) o Marshall letter (4/10/2013) o Vidmar letter (7/21/2014) o Horn letter (3/05/2013) o DeMarinis letter (7/15/2014) o Filson letter (2/25/2013) o DeMarinis letter (5/19/2014) o Vidmar letter (2/25/2013) o Anderson letter (4/08/2014) o Grace Point letter (5/06/2014) o Livni letter (4/29/2014) o Mandell letter (5/05/2014) o Marshall Letter (04/30/2014) o Miller Letter (4/30/2014) o Neher letter (5/02/2014) o Quiett letter (5/1/2014) o Wallace letter (5/01/2014) o Seidler letter (4/30/2014) o Sharp letter (4/29/2014) o Jacobson letter (4/27/2014) o Arsac letter (4/29/2014) o Brannan letter (5/04/2014) o Gerschler letter (5/04/2014) o Open City Hall public comments (3/5/14) o GracePoint letter (3/11/2014) o Anderson Letter (3/11/2014) o Skuratowicz letter (3/11/2014) o Hunter letter ( 2/25/14) Additional background information To inform the neighborhood planning process a number of studies were completed and previously presented to the Planning Commission and City Council (2014 public hearing) in support of this project including: • Normal Neighborhood Existing Traffic Conditions technical memorandum (dated September 5, 2012) • Normal Neighborhood Future Traffic Analysis (dated November 19, 2013) Page 8 of 9 11FAIR CITY OF ASHLAND • Buildable Lands Inventory (approved November 15, 2011- ordinance #3055) provided a basis for evaluation of the amount of available land within the City Limits and Urban Growth Boundary. • Housing Needs Analysis (approved September 3, 2013 - ordinance 43085), summarized the types of housing that have been developed throughout the City in the recent decades, as well as the projected needed housing based on income and population demographics. • Normal Neighborhood Executive Summary of Existiniz Conditions to provide background information for the Normal plan area including the results of a resident survey conducted in June-July 2012. • An analysis of five components of the neighborhood design including infrastructure, mobility, sustainability, open space and greenways, and housing and land use. o Infrastructure Framework o Sustainability Framework o Mobility Framework o Greenway and Open space Framework o Housing and Land Use Framework Page 9 of 9 R IrJ E CITY OF ASHLAND Staff Report Addendum DATE: August 11, 2015 TO: Ashland Planning Commission FROM: Brandon Goldman, Senior Planner RE: Continuation of the July 28, 2015 Planning Commission Public Hearing regarding the Normal Neighborhood Plan. At the July 28, 2015 Planning Commission meeting, the Commission held a public hearing on proposed amendments to the Comprehensive Plan, Comprehensive Plan Map, Transportation System Plan, and Ashland Land Use Ordinance to implement the Normal Neighborhood Plan. The Commission deferred action to the Commission's next available meeting in order to continue deliberations and forward recommendations to the City Council. The Council is scheduled to hold a public hearing on September 1, 2015. Please refer to the July 28, 2015 Staff Report for the project background, description of site and proposal, and discussion of project impact. There have been no changes to the Normal Neighborhood Plan following the July 28, 2015 meeting. At the prior meeting Staff presented changes to the plan that were made by the Normal Neighborhood Plan Working Group following the City Council's update on December 2, 2014. The City Council directed staff to amend the Normal Neighborhood Plan's implementing ordinances to incorporate the selected recommendations of the Normal Neighborhood Working Group, and to present the updated plan to the Planning Commission, Transportation Commission, and Parks Department for comment. The City Council is seeking comments regarding the changes that were made to the plan by the Working Group subsequent to the Planning Commission's original review and public hearing (4/08/2014). The modifications to the Plan that were incorporated by the Working Group include the following: • Modifications to the proposed zoning • Modifications to the street dedication map • Modifications to the mobility section of the Normal Neighborhood Plan Framework to address timing of East Main Street and RR Crossing improvements • Modifications to the Land Use Ordinance to allow a minor amendment process for for non- resource open space adjustments • Modifications to the Housing and Land Use section of the Normal Neighborhood Plan to include conceptual illustrations of preferred site planning elements and a summary of characteristics that future developments should address (pgs 9-11). The first three items in the bulleted list above were presented to the Planning Commission at a study session on March 31, 2015 and are outlined below in greater detail. The last two items listed above were incorporated into the Plan and implementing ordinances based on the Working Group's direction during their May, 2015 meetings and had not been previously reviewed by the Planning Commission. -2- Land Use Framework In the final plan and proposed land use ordinance these recommendations of the working group have been incorporated which include the following: • Changing the originally proposed land zoning designations to be more consistent with the zoning of adjacent land within the City Limits • Using zoning labels and housing densities that are comparable to those used in the rest of the city while recognizing the Normal Neighborhood (NN) district • Maintain the option for neighborhood serving businesses and services close to East Main St near the northeast corner of the plan area (NN- 1 -3.5 -C). • Locating higher density development (NN-2) near the railroad tracks and within a relatively short distance to local businesses, transit stops along Ashland St., parks and community facilities. • Locating lower density development along East Main Street to protect the existing viewshed and maintain a gradual transition between rural and urban areas. Pw- x Aft Srr¢~,~ - ~ ~$r ~ %r ichecl R ~ WE; d ~ r a i Zoning r 3 r i 1- \ - p NN-1.5 I _ I - r s+-onus II I I 1 r i i. - ,J I 1J i ® NN 1-3-5-C - I. s _ ~r p, tr E i~ l H ~~i~ y1 f - ~iN11 T L' open space 1 Previously Proposed Land Use Designations (4/2014) Revised Land Use Designations (7/2015) Zone Density Zone Density NN-01 5 units per acre NN-1-5 4.5 units per acre NN-02 10 units per acre NN-1-3.5 7.2 units per acre NN-03 15 units per acre NN-1 -3.5-C 7.2 units per acre + mixed-use NN-03C 15 units per acre + mixed-use NN-2 13.5 units per acre DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-552-2050 . Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us Pori _ 3_ Transportation Framework The Normal Neighborhood Plan Working Group had a number of specific recommendations relating to the future transportation system which have been incorporated into the neighborhood plan as follows: The internal transportation system's local street network should incorporate multiple connections with East Main Street as shown, and maintain the Normal Collector as designated in the draft plan. Additional connections to East Main Street or Clay Street, which are not shown in the proposed Street Framework, should require a major amendment to the Plan. Internal local streets should be aligned to provide a more standardized grid pattern, including a reduction in offset intersections and straight east-west connections. Pedestrian and bicycle pathways are critical, especially as a means to connect residents with the middle school and the existing bike path. External transportation improvements, including the railroad crossing and improvements to East Main Street are integral and should proceed in concert with development. The mobility section of the Plan Framework newly includes narrative stating that the City could consider a phased improvement approach and the formation of an Advanced Financing District as part of future annexation proposals. ■ The extent of improvements needed along East Main Street would ultimately be determined by a Transportation Impact Analysis submitted with a proposed development application. With a phased approach it is anticipated that when the first new intersection with East Main is created at least 250' on either side of that intersection should be fully improved to include a sidewalk, parkrow, bike lanes and a center turn lane. The plan stipulates a pedestrian and bicycle path connecting to the Middle School should also be improved at that initial phase. 7 -It. i .:N loud • ~,w'.y; tana.~A w... s. a.- - I ha-.d L is -y W ■ I e c .lh!r drN+rra ! i t a an ,.iii r a* .l aa. i° r C fYIu f, nY•!vd [ 7 ;r sR. v:. j,_ !Ts { sf j . + o r~ Ii Road Classifications -nei horhood - ! .-,yet _ _ r i',. r ( .I"~ - collector s t7,'~ a f . - local street f'~ J r# 1" I •'-u-„ shared streetq 41 multi-use path Previously proposed Transportation Network (4/2014) Revised Transportation Network (3/2015) DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 mA www.ashland.or.us -4- Open space The Planning Commission's report dated April 22, 2014 expressed that the provision of open space within the plan area has enviromnental, recreational, and aesthetic value to the neighborhood. The Normal Neighborhood working group concurred with this sentiment and as such the Planning Commission's originally proposed recommendation to amend the Normal Neighborhood Plan Framework's Greenway and Open Space chapter to further emphasize the community value of open space retention has been included in the framework document with the following introductory statement (page 13). The Normal Neighborhood's distinctive character is shaped by the presence ofprominent open spaces and natural areas. The preservation of these neighborhood defining features is central to the success of the neighborhood plan as they ensure the protection offragile ecosystems, provide passive recreational opportunities where people can connect with nature, protect scenic views considered important to the community, protect future development from flood hazards, and preserve community character and quality of life by buffering areas of development from one another. The permanent establishment of interconnected open spaces and contiguous conservation areas as proposed in the Open Space Framework is essential to promote and maintain high quality residential development which is appropriate to the distinct character of the neighborhood. The neighborhood areas designated as future open space are largely consistent in shape, size and locations of previously designated floodplains, riparian corridors, wetlands, and wetland buffer areas within the plan area. Further as the plan envisions the use of these open spaces for habitat preservation, passive recreation, and preservation of scenic views the boundaries of these spaces address the proposed street pattern to retain accessibility by the neighborhood residents. -Jj nd lei.' l 5 r [ _ I i B Open Space • • ti f'- 1 i a i t s• t~ >-I ' -1 ,1 ° natural area f • a s 41ds. ~ l t r ~z; r ~ - i - ~ I % pocket rk 721 j -green street ~t .7 • Y:1~ l ~i , 5► ~"_~~~t a ;x' .I I ~ - ••shared street r ~',+•s~'g I r I ' •multi-use path p I "7~ a~ • • central bike path Previously proposed Open Space Network (4/2014) Revised Open Space Network(7/2015) DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us -5- As proposed in the draft Land Use Ordinance as recommended by the Working Group, in the future event that a Department of State Lands (DSL) approved wetland delineation differs from the boundaries presented in the 2007 Local Wetland Inventory an applicant could apply for a minor plan amendment to alter the Open Space Network Map to reflect the then current delineation. As such, a revised delineation showing a decrease in a regulated wetland area could result in a reduction in designated open space area within the district. Planning Commission July 28th items for further discussion In addition to the revisions to the plan that were made by the Working Group as described above, the Planning Commission identified the following issues during discussions on July 28, 2015 that they would like to further address in formulating final recommendations to be presented to the City Council. Housing • Commissioners discussed allowing greater flexibility for "clustered housing" within the proposed single family zone (NN-1-5). The City's current performance standards options for subdivisions within R-1 zones, and the NN-1-5 zone as proposed, would presently allow single family units to be clustered around a common green consistent with the general concept for clustered housing as presented in the plan. However such a NN-1-5 development approved through the Performance Standards subdivision process would retain the lower residential base density than typical pocket neighborhoods, and would have individual household parking located adjacent to each home unless an exception to parking standards was requested and approved • Allowing Pedestrian Cluster Housing as a permitted use within the Single-Family zoning designation ( NN-1-5) would newly allow such developments to utilize provisions for consolidated parking, however the density of the development would remain consistent with the NN-1-5 zone. If recommended by the Planning Commission such a change would require the following amendments: o Amending Table 18.3.4.040 Land Use Descriptions to list this use as "Permitted" (P) under NN-1-5 o Amending 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. Transportation • Broaden the Shared Street description to allow this new street type to be applied in areas other than those that are physically constrained . o The existing description reads as follows: Shared Street Provides access to residential in an area in which right-of-way is constrained by natural features, topography or historically significant structures. The constrained right-of-way prevents typical bicycle and pedestrian facilities such as sidewalks and bicycle lanes. Therefore, the entire width of the street is collectively shared by pedestrians, bicycles, and autos. The design of the street should emphasize a slower speed environment and provide clear physical and visual indications the space is shared across modes. o To broaden the applicability of this street type the Planning Commission could recommend amendments to this section: Provides access to residential in an area in which right-of-way is constrained by natural features, topography or historically significant structures. 7Y,-Shared streets may additionally be used in DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 p41, www.ashland.or.us -6- circumstances where &; ° ° ;a rv° and z„ezl^•zcs, a slower speed street, collectively shared by pedestrians bicycles and autos is functional and preferred design alternative.. Thei efsre the The design of the street should emphasize a slower speed environment and provide clear physical and visual indications the space is shared across modes. • Elimination of wording that indicates the use of alleys and rear lanes reduces pavement: o The only current reference to the impact of alleys upon reduced pavement in the presently proposed framework document is located in the mobility section of the framework within the description of alleys (pg 28): "the narrow street section of rear lanes reduces the extent of impervious surfaces in the Normal Neighborhood and supports wetland and stream health If recommended by the Planning Commission, and approved by Council, this section could be revised to eliminate that specific sentence within the alley description. o In a prior version of the framework (2/25/2014) it additionally stated on page 16 of the mobility section "The use of rear lanes helps to reduce the extent of paved areas, and will support a complete grid offinely-grained urban blocks. " In subsequent versions of the framework, including the version currently proposed, this language was modified as follows: "The use of rear lanes helps to support a complete grid of finely-grained urban blocks, and provide access to garages and backyards. " Open Space - Wetland Delineations • The proposed Land Use Ordinance (LUO ch.18.3.4) would allow an applicant to apply for a minor amendment to the plan in order to alter the Open Space Network Map to reflect the DSL approved wetland delineation. The early drafts of the proposed LUO previously reviewed by the Planning Commission had required a major amendment to the plan to reduce the area of a designated Open Space. The Planning Commission could forward a recommendation to reinstate the major amendment provision, and only allow for minor amendments when the area of open space provided is not reduced, or alternatively could recommend additional ordinance language to clarify the factors to be considered in approving a minor amendment to reduce open space. • The current land use code (18.5.2.050) permits an exception to standards through a minor amendment if the circumstances in either subsection 1 or 2, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or 2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. • Should the commission elect to recommend modifying the minor amendment process staff would recommend the following revisions: DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 MAL www.ashland.or.us o 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: 98.3.4.060 A 5. Conformance with Open Space Network Plan New developments must provide open space consistent with the design concepts within the Green way and Open Space chapter of the Normal Neighborhood Plan Framework and in conformance with the Normal Neighborhood Plan Open Space Network Map. The open space network will be designed to support the neighborhood's distinctive character and provide passive recreational opportunities where people can connect with nature, where water resources are protected, and where riparian corridors and wetlands are preserved and enhanced. a. The application demonstrates that equal or better protection for identified resources will be ensured through restoration, enhancement, and mitiqation 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. Recommendations A Planning Commission recommendation for approval of Ordinance #I (as presented, or with specific recommended changes) would affect the following: • Recommend the Ashland Comprehensive Plan Map be amended to create a designation for the Normal Neighborhood Plan District • Recommend the Introduction and Definitions, and Housing Element of the Comprehensive Plan be amended to incorporate the Normal Neighborhood district and land use classifications as proposed. • Recommend the Normal Neighborhood Plan Framework document be included as a supporting document to the City's Comprehensive Plan, with recommended changes to the mobility and open space chapters as incorporated by the Working Group, or as amended by the Planning Commission recommendation. A Planning Commission recommendation for approval of Ordinance #2(as presented, or with specific recommended changes) would affect the following: • Recommend the Transportation System Plan be amended to incorporate the Normal Neighborhood Street network as proposed: .o Amend the Street Dedication Map (TSP Figure 10-1) to incorporate the plan area's proposed Street Network, and reclassification of Normal "Avenue" to be a Neighborhood Collector. DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 ~r, www.ashland.or.us -8- • Amend the Planned Intersection and Roadway Improvement Map (TSP Figure 10-3) to include East Main Street as a Planned Roadway Project. o Amend the Planned Bikeway Network Map (TSP Figure 8-1) to incorporate the planned multi-use trails within the Normal Neighborhood Plan. o Amend the Street Design Standards to incorporate the Shared Street classification. A Planning Commission recommendation for approval of Ordinance 43 (as presented, or with specific recommended changes) would affect the following: • Recommend the Land Use ordinance be amended to include the Normal Neighborhood District Chapter (18.3.4) including the Normal Neighborhood Plan Zoning Classification map, and Site Development and Design Standards as proposed, or as amended by the Planning Commission recommendation. The Planning Commission's recommendations relating to the revisions to the neighborhood plan's proposed land use designations, conservation and open space designations, street network, and draft land use ordinance will be forwarded to the City Council for consideration on September 1, 2015. DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 PAakA www.ashland.or.us ASHLAND PLANNING DIVISION STAFF REPORT July 28, 2015 PLANNING ACTION: PL-2013-01858 APPLICANT: City of Ashland LOCATION: Normal Neighborhood District Boundary ZONE DESIGNATION: Jackson County RR-5 (Rural Residential 5 acres) COMPREHENSIVE PLAN DESIGNATION: City of Ashland Single-Family and Suburban Residential Jackson County Rural Residential Lands ORDINANCE REFERENCE: Chapter 18.3.4 Normal Neighborhood District (proposed) STATEWIDE PLANNING GOALS: Goal 2 Land Use Planning Goal 14 Urbanization OREGON REVISED STATUTES (ORS): Chapter 197 -Comprehensive Land. Use Planning Coordination REQUEST: To amend the Comprehensive Plan, Comprehensive Plan Map, Transportation System Plan, and Ashland Land Use Ordinance to implement the Normal Neighborhood Plan. 1. Relevant Facts A. Background - History of Application Oregon Statewide Planning Goal 2, Land Use Planning, as well as Chapter 197 of the Oregon Revised Statues requires a land use planning process and policy framework as a basis for all decision and actions related to use of land. Specifically, plans and implementation measures such as ordinances controlling the use and construction are permitted as measures for carrying out Comprehensive Plans. Oregon Statewide Planning Goal 14, Urbanization, directs communities to plan for the orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. The existing Comprehensive Plan designation for the Normal Neighborhood Plan area was Planning Action PL#2013-01858 Ashland Planning Division - Staff Report bg Applicant: City of Ashland Page 1 of 16 established in 198 1. The area's development as low density residential, changes in the City's population demographics, land availability, housing supply and type, and water resource protection standards over the decades warrant a re-evaluation of the area's Comprehensive Plan designations in consideration of these changed conditions. 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 master plan for the 94 acre Normal Neighborhood area, and the City's project was selected for award in June 2011. The TGM program is a joint program of the Oregon Department of Land Conservation and Development (DLCD) and the Oregon Department of Transportation (ODOT). The City of Ashland received the TGM grant for consultant services in May 2012 to undertake the neighborhood planning process. A number of urban design, planning, engineering, environmental services and architecture firms were selected to prepare the draft plan. Consultants included Parametrix Inc, UrbsWorks Urban Design, Joseph Readdy Architect, Qamar Architecture and Town Planning, Leland Consulting Group housing market analysts, and Nevue Ngan Landscape Architects. The submission of preliminary draft plan materials and a revised draft plan concluded the TGM funded portion of the project in September 2013. The neighborhood planning process has involved considerable public involvement including a resident survey, two neighborhood meetings, three public open houses, two Planning Commission site visits, individual stakeholder meetings with property owners and nearby residents, and numerous Planning Commission, Transportation Commission, Housing Commission, t, and City Council study sessions. The design phase of the planning process was initiated in October 2012 with a three day public design charrette, or workshop. The charrette allowed for the identification of issues and concerns, development of goals and objectives for the master plan, and creation of a conceptual neighborhood design. The issues and opportunities identified during the first public workshop and key participants meetings, held when the project was initiated back in October 2012, were used to create the project goals and objectives as listed below: • Maximize land use efficiency by concentrating housing in a strategically located area within the City Urban Growth Boundary. • Create a development pattern of blocks and streets that supports a balanced, multi-modal transportation system that offers a full range of choices to its occupants and that supports active transportation opportunities like walking, bicycling or using transit in those areas planned for transit service; • Provide a range of housing choices and a variety of open space, public space, and green infrastructure improvements, in a way that preserves and enhances the area's creeks and wetlands; Planning Action PL#2013-01858 Ashland Planning Division - Staff Report bg Applicant: City of Ashland Page 2 of 16 • Design a local street grid for the Project Area including connections to existing and planned street, pedestrian, and bicycle facilities beyond the project area that overcome the challenges to connectivity and better integrate the area into the Ashland transportation system; • Provide for pedestrian and bicycle routes and facility improvements within the plan area that will provide safe access to local schools, activities, neighborhoods, and destinations; • Apply those principles of low impact development to minimize the extent and initial cost of new infi•astructure and to promote the benefits of stormwater management; • Provide developable alternatives at planned densities that will eliminate the need for expansion of the urban growth boundary; and • Reduce greenhouse gas emissions by implementing transportation and land use plans that encourage reductions in vehicle miles traveled. Following the October 2012 charrette, plan options were developed and presented at study sessions and public open houses to obtain public input to assist the design team, city staff, and the Planning Commission to further refine the plan concept. A draft Normal Neighborhood Plan, and draft implementing ordinances, were presented to the Planning Commission at a public hearing on March 11, 2014 and April 8. 2014. Following the Planning Commission's public hearings their formal recommendations on the neighborhood plan were forwarded to the City Council (Planning Commission Report dated 4/22/2014). The City Council held public hearings on the draft Normal Neighborhood Plan on May 6, 2014, May 20th, 2014, and continued public testimony and deliberations to a special meeting on May 29, 2014. At the final May 29th meeting the Council directed the establishment of an ad-hoc working group to examine the fundamental assumptions that were used 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. The Council directed the working group to specifically examine the following: Housing Concentrations and Type • Regional Problem Solving (RPS) assumptions on density • The need for NN zoning; Density (units per acre) • Building height limitations (2.5 or 3-story) Transportation • General transportation and connectivity issues; Transportation to the schools; East-west transportation issues; Public transportation; Traffic reduction (elimination); Improvements to East Main St.; Railroad crossing Open space • Wetland protection & delineations. Planning Action PL#2013-01858 Ashland Planning Division - Staff Report bg Applicant: City of Ashland Page 3 of 16 • 25% open space Infrastructure • water, sewer, and electric; developer driven costs Public Input • Incorporate public input and respond accordingly Over the course of twelve public meetings, held between June 2014 and May 2015, the working group explored each of the specific items 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 aimed to conceptualize an alternative neighborhood plan 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. Panelists included a selected neighborhood representative from within the Normal Neighborhood Plan area (Susan DeMarinis), a representative from the adjacent development's Home Owners Associations (Bryce Anderson), a developer who represented a number of property owners (Randy Jones), and two outside experts familiar with Land Use and housing development (Alan Harper and Toni Giordano) who each had an opportunity to present their concerns and suggestions and participate in an open discussion about the draft plan. In consideration of public input provided, and a review of the draft plan's elements, the working group discussed 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. In formulating their recommendations the Normal Neighborhood Plan working group reviewed each of the Planning Commission's recommendations as presented in the Planning Commission Report dated 4/22/2014. The working group's recommended amendments alter the land use classifications, allowable housing densities, internal transportation network, thus differing from the plan the Planning Commission originally reviewed and had based the Commission report upon. The working group did concur with the Planning Commission's recommendation that the conservation/open space boundaries 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 designated wetlands. The working group recommended that the existing maximum building height of 35ft, or two and one-half stories, should be retained and to not allow an increase to 40ft, or three-stories, through a conditional use permit process as was initially recommended by the Planning Commission. Planning Action PL#2013-01858 Ashland Planning Division - Staff Report bg Applicant: City of Ashland Page 4 of 16 Background Studies To inform the neighborhood planning process a number of studies were completed and previously presented to the Planning Commission and City Council in support of this project including: • A Buildable Lands Inventory (approved November 15, 2011- ordinance 43055) provided a basis for evaluation of the amount of available land within the City Limits and Urban Growth Boundary. • A Housing Needs Analysis (approved September 3, 2013 - ordinance 43085), summarized the types of housing that have been developed throughout the City in the recent decades, as well as the projected needed housing based on income and population demographics. • An Executive Summary of Existing Conditions to provide background information for the Normal plan area including the results of a resident survey conducted in June-July 2012. • An analysis of five components of the neighborhood design including infrastructure, mobility, sustainability, open space and greenways, and housing and land use. o Infrastructure Framework o Sustainability Framework o Mobility Framework o Green ay and Open space Framework o Housing and Land Use Framework • The traffic engineering firm SO Alliance completed an Existing Traffic Conditions technical memorandum (dated September 5, 2012), and a Future Traffic Analysis (dated November 19, 2013) to investigate current and future traffic conditions in the Normal Neighborhood Plan study area. B. Detailed Description of the Site and Proposal The Normal Neighborhood Plan District is situated between East Main Street to the north and the railroad tracks to the south, Clay Street to the east and the Ashland Middle School to the west. Currently, the 94 acre area has a mix of Comprehensive Plan designations including single family residential and suburban residential, and is presently outside the City of Ashland (City) city limits but within the City Urban Growth Boundary (UGB). This area constitutes the largest remaining area of residentially designated land that is suitable for medium- to high-density development which remains largely vacant or redevelopable. The plan area contains 35 properties ranging in size between 0.38 acres up to 9.96 acres. There are 26 property owners within the plan area with a number owning multiple parcels. Residential development in the plan area has Planning Action PL#2013-01858 Ashland Planning Division - Staff Report bg Applicant: City of Ashland Page 5 of 16 historically been low density large lot single family homes consistent with Jackson County's rural residential zoning standards. The Normal Neighborhood Plan District includes significant natural features including Cemetery Creek, Clay Creek, and three designated wetlands (W9,W12, W4) that are included on the City of Ashland 2007 Local Wetland Inventory (LWI). The local wetland inventory was approved by the Department of State Lands (DSL) which means the LWI is part of the Statewide Wetland Inventory. During the course of this project property owners have completed new wetland delineations for two of the three significant wetlands within the project area (W12 & W4). These new delineations for W4 and W12 were recently approved by DSL (WD-2014-0255 & WD-2014-0269) effectively reducing the areas that are regulated as wetlands at this point in time. The last remaining large wetland (W9) within the project area is located on multiple properties adjacent to Ashland Middle School. Staff understands that one of the property owners (Grace Point Church) has recently conducted a study of the W9 wetland on their property. This delineation has been submitted to DSL for review but has yet to be approved. Approved wetland delineations are only valid for five years from the date of DSL's approval. Therefore, with any annexation proposal the City of Ashland will require demonstration that DSL has approved a formal delineation within 5 years of the application. The Normal Neighborhood Plan is comprised of Normal Neighborhood Plan Framework document, official Normal Neighborhood Plan maps, amendments to the Transportation System Plan and street standards, and the proposed Normal Neighborhood District land use ordinance amendments (Ch. 18-3.4). Collectively these documents provide the underlying conceptual and regulatory structure for 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. An adopted neighborhood plan allows individual development proposals to better coordinate the provision of streets, pedestrian connections, utilities, storm water management, and open space. Such an approach can ultimately help reduce development costs through appropriate sizing of needed facilities, provision of easements, and secured street access. Additionally a significant benefit of an adopted plan is a clear expectation and understanding regarding the level of development anticipated by both developers and neighboring residents. In this way the development and annexation process for all properties with the plan area is streamlined while ensuring the City can accommodate its future growth in a systematic and efficient manner. The proposal involves Comprehensive Plan Map amendments, Transportation System Plan amendments, as well as amendments to the proposed Ashland Unified Land Use Ordinance (ULUO). The proposed implementation plan includes: Planning Action PL#2013-01858 Ashland Planning Division - Staff Report bg Applicant: City of Ashland Page 6 of 16 • Adopting the Normal Neighborhood Plan Framework document as a supporting document to the City's Comprehensive Plan and designation of the Normal Neighborhood District within the Comprehensive Plan map. • Adoption of official Normal Neighborhood Plan maps: o Land Use Designations Map (NN-1-5, NN-1-3.5, NN-1-3.5-C, NN-2) o Street Network o Pedestrian and Bicycle Network o Street network: Green Streets o Open Space Network • Amending the Transportation System Plan (TSP) as follows: o Amend the Street Dedication Map (TSP Figure 10-1) to incorporate the plan area's proposed Street Network, and reclassification of Normal "Avenue" to be a Neighborhood Collector. o Amend the Planned Intersection and Roadway Improvement Map (TSP Figure 10-3) to include East Main Street as a Planned Roadway Project. o Amend the Planned Bikeway Network Map to incorporate the planned multiuse trails within the Normal Neighborhood Plan. • Amend the Street Standards (18.4.6) to add a new Shared Street classification. • Amending the Land Use Ordinance to include a new Chapter 18.3.4 Normal Neighborhood District, to guide and direct both public and private improvements. Additionally, amendments to Chapter 18.2.1.020 and 18.2.1.040 are proposed to provide reference to, and consistency with, the Normal Neighborhood District. II. Proiect Impact A. Approval Process and Noticing The proposal involves Comprehensive Plan and Transportation System Plan amendments, as well as additions and revisions to the Ashland Land Use Ordinance necessary to implement the Normal Neighborhood Plan. The Planning Commission makes a recommendation on the package of amendments, and the City Council makes the final decision. Approximately 200 written notices (postcards) were mailed to property owners in and surrounding the Normal Neighborhood District boundary regarding the Planning Commission public hearing (July 28, 2015) and City Council public hearing (September 1, 2015). A notice was published in the newspaper on July 8, 2015, and a meeting announcement was emailed to residents and interested parties on July 13, 2015. Meeting announcements and plan materials are posted on the project web page www.ashland.or.us/normalplan Planning Action PL#2013-01858 Ashland Planning Division - Staff Report bg Applicant: City of Ashland Page 7 of 16 B. Proposal Impact Planned Housing Types and Land Use Designations The proposed Normal Neighborhood District will contain four residential zones, NN- 1-5, NN-1-3.5, NN-1-3.5-C, NN-2. The use regulations and development standards set forth in the proposed land use ordinance (Ch. 18.3.4) for these zones are intended to be largely consistent with existing zoning standards within the City, while providing a significant degree of flexibility as to the form and character of individual developments. Affordable housing with the plan area would be provided by future development as a condition of annexation consistent with current requirements. The Normal Neighborhood Land Use Zones map establishes the proposed designations for the properties within the district. NN-1-5: The Land Use designation NN-1-5 is intended to provide single family dwellings, accessory residential units, and cottage housing with a base density of 4.5 units per acre. The draft ordinance includes a reserved section for the "cottage housing" type to be consistent with standards to be proposed under a separate legislative planning action for all single family zones within the city. NN-1-3.5 The NN-1-3.5 designation provides housing opportunities for individual households through development of a mix of single-dwelling housing, apartments, townhomes, accessory residential units, and pedestrian oriented clustered housing with a base density of 7.2 units per acre. Clustered housing, commonly referred to as "pocket neighborhoods", are a new housing type envisioned for the plan area where multiple compact detached or attached dwellings are grouped around common open space. The Normal Neighborhood Plan, and draft land use ordinance amendments, include example illustrations primarily intended to assist those involved in conceptualizing a development to better address the principle objectives outlined within the Normal Neighborhood Plan. Through the consolidation of common open space and or parking cluster housing developments can often achieve a housing density comparable to attached row houses or low-rise apartments, yet with a lower profile retaining the appearance of traditional single-family homes. Planning Action PL#2013-01858 Ashland Planning Division - Staff Report bg Applicant: City of Ashland Page 8 of 16 NN-2 The NN-2 land use designation is intended to address Ashland's housing needs through development of multi-dwelling housing with a base density of 13.5 units per acre. NN-1-3.5-C The NN-1-3.5-C zone is a residential designation consistent with NN-1-3.5 (above), however it would additionally allow for limited neighborhood serving commercial uses, such as a coffee shop, on the ground floor. Upon review of the initial draft of the plan on March 27, 2014, The Housing and Human Services Commission expressed that they felt strongly that this area is a major source of future growth in the City. The Commission specifically noted that affordable housing is an important component of our City, and will be integral to future development of this neighborhood. This plan and code maintain the City's existing density bonuses and annexation requirements for the provision of affordable housing units. In addition, the Neighborhood Plan, and proposed Land Use Ordinance, encourage more diversity in housing and increased intensity of development in those areas where the context and capacity for density is most appropriate. The result should be increases in housing supply, housing options, and housing affordability. The various land use designations, and flexibility in housing types permitted, create a complete neighborhood, accessible to a full range of ages and abilities. There will be units for sale or rent; small, and large; and attached and detached units. Greenway and Open Space The plan's approach to the greenway and open space framework is establish designated open space areas to include both water resource protection areas and recreational open space. As proposed these areas are to include FEMA's 100 year floodplain, Ashland's designated floodplain boundaries, wetlands identified in the 2007 Local Wetland Inventory (LWI), and wetland and riparian buffer areas identified in the Water Resource Protection Zone ordinance. Precluding development in these areas will reduce or prevent the detrimental effects of flood waters, support native vegetation, provide habitat and travel corridors for wildlife, and promote environmental quality by absorbing, storing, and releasing storm water. The Open Space Network Map shows the areas intended to be preserved as natural areas or open space within the district which absent of any environmental constraints could additionally provide recreational amenities to the districts residents. In the future event that a Department of State Lands approved wetland delineation differs from the boundaries presented in the 2007 LWl, and Normal Neighborhood Plan Open Space map, an applicant could apply for a minor plan amendment to alter the boundary to reflect the then current delineation. Planning Action PL#2013-01858 Ashland Planning Division - Staff Report bg Applicant: City of Ashland Page 9 of 16 Clay Creek and Cemetery Creek are contained within designated open spaces which include all areas within the FEMA 100 year floodplain, City of Ashland Floodplain, and regulated riparian areas. Streams and wetlands will be maintained as amenities with access to area residents due to the carefully considered transportation network that ensures that these areas are not hidden in back yards. Accommodation of the pedestrian, bicycle, and automobile circulation along the edges of the riparian zones and designated wetlands provides visual and physical access and increases the buffer zones between pockets of development enhancing the character of openness within the plan area. Transportation The Normal Neighborhood Plan includes atransportation framework that would be implemented by the proposed amendments to the Transportation System Plan (TSP) and Normal Neighborhood District Standards. The mobility section or the Normal Neighborhood Plan Framework includes a street network, a pedestrian and bicycle framework, and a green street framework. The general location of future roads and paths is addressed by the Normal Neighborhood Plan Street Network Map, although design and engineering at the time of the actual development will determine their precise locations. The proposed Street Network additionally includes designations for streets within the plan area that are to be developed as "green streets" designed to capture and treat storm water in conformance with the City of Ashland Storm Water Master Plan. The proposed street network would amend to the TSP's Street Dedication Map (Figure 10-1) for the Normal Neighborhood District area. The Pedestrian and Bicycle Network map includes facilities incorporated into the streets, as well as off-road multi-use paths including the establishment of two paths crossings Cemetery Creek, paths or shared streets along the west side of Cemetery Creek, a path connecting the terminus of the existing Normal Avenue to East main Street, and a connection from the plan area to the eastern boundary of the Ashland Middle School property. The proposed multi-use paths would amend to the TSP's Planned Bikeway Network Map (Figure 8-1) for the Normal Neighborhood District area. The Normal Avenue neighborhood's internal street network has largely been designed to keep travel speeds in the range of 20 mph by introducing elements such as a planted median, small traffic circles, and subtle changes in direction at block intersections. The backbone of the street network is a re-routed neighborhood collector that extends from the southern intersection at a future improved Rail Road Crossing, to East Main Street between Clay Creek and Cemetery Creek. Given the anticipated traffic volumes on this new road being approximately 1000 average daily trips it is not necessary that it be classified as an "Avenue" but rather a "Neighborhood Collector" designation would suffice. Neighborhood Collectors are Planning Action PL#2013-01858 Ashland Planning Division - Staff Report bg Applicant: City of Ashland Page 10 of 16 expected to accommodate 1500 to 5000 vehicle trips per day and as such this lesser classification would adequately accommodate expected use. The Normal Neighborhood plan also introduces a street type that was recently included in the Transportation System Plan: the "shared street". A shared street is a very low speed street where all of the functions of the transportation system coexist in the same space. There are no individual sidewalks separated from the street surface by curbs and planted medians. There are no bicycle lanes separated from the street by painted lines. The low volumes, low-speeds, narrow cross-section, and traffic calming design elements make it possible for all users safely occupy the street surface by yielding to the slowest and most vulnerable present at a given moment. The proposed amendments to the Street Design Standards within the Ashland Municipal Code (18.4.6) codify the new shared street classification. The use of rear lane alleys helps to reduce the extent of paved areas, and will support a complete grid of finely-grained urban blocks. These alleys will provide the primary access to garages and backyards. The specific alley locations within the designated blocks is left to future development site design considerations, subject to the maximum block length and parking access standards. As such those potential alley locations most subject to adjustment are not included in the Street Network map but it is expected that future development will provide alleys to meet access management and connectivity standards. The Future Traffic Analysis report by SO Alliance found that all existing intersections in vicinity of the project are expected to continue to function within operational standards in the year 2038 at full build out of the neighborhood plan area. The report recommended that East Main Street should be improved to comply with existing City standards, including the installation of a center turn lane at designated intersections. The improved Avenue could accommodate vehicular, pedestrian and bike traffic, and that each of the proposed street intersections with East Main Street would function within applicable operational standards according to the report. The Planning Commission, Transportation Commission, and Working Gorup have each spent considerable time discussing the needed street improvements along East Main Street from Walker Ave. to Clay Street. The Planning Commission had previously recommended that "The south side of East Main Street, from Walker Avenue to Clay Street, should be fully improved to City Street Standards prior to, or coinciding with any future annexation and development within the plan area. The Transportation Commissions most recent recommendation was that a partial improvement of East Main Street (such as full improvements 250' on either side of a proposed intersection) could be considered to address traffic impacts demonstrated in a Traffic Impact Analysis provided at a minimum, a sidewalk is to be developed between Walker and Clay Street. " to address pedestrian and bicycle demand in the Planning Action PL#2013-01858 Ashland Planning Division - Staff Report bg Applicant: City of Ashland Page 11 of 16 near term. The Normal Neighborhood Working Group had also considered 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 formation of an advance financing district to assist in acquiring full street improvements at the initiation of development within the area. The Normal Neighborhood Plan Framework document includes the a new section , Advance Financing and Phasing of Public Improvements (p30), to address this approach. Plan Amendments A minor and major amendment process is included in proposed section 18.4.030.C of the Nonnal Neighborhood District Chapter. The proposed amendment process provides flexibility to address unforeseen changes in conditions such as shifts in demand for types of uses, and physical or natural constraint challenges in individual developments. • Major amendments provide for a change in a land use overlay or allowable density, modification of the street layout plan or other transportation facility that eliminates a proposed street, a change in the applicable standards, and any other changes not listed. • Minor amendments include shifting the location of streets, alleys or paths more than 50 feet, adjustments to the boundaries of designated Open Space Areas to correspond with a delineated wetland or water resource protection zone, and changes in dimensional standard requirements not including building height and residential density. C. Discussion Items The attached Normal Neighborhood Plan maps, Framework Document, and draft land use ordinance (18.3.4), have each been revised to address the recommendations of the Normal Neighborhood working group and the Planning Commission recommendations put forth in April 2014. A summary of the highlights of the latest revisions as follows. • A change in the zoning designations to provide densities consistent with existing city zones • Relocation of proposed zoning areas to locate the higher density area to the south of the project area. • Designation of open space lands on the Land Use Designation Map. • Provisions allowing the transfer of housing density out of the water resource protection zones. • Establishment of a minor amendment process to allow proposed open space locations to be moved, or reduced in area, to correlate with natural features (future wetland locations and boundaries). • Flexibility to allow shared streets to alternatively be developed as alleys or multiuse paths where appropriate adjacent to water protection zones. Planning Action PL#2013-01858 Ashland Planning Division - Staff Report bg Applicant: CityofAshland Page 12 of 16 • Inclusion of mandatory standards relating to storm water management. • Alignment of streets and zoning to provide direct East-west connections with a more grid-like street pattern while aiming to locate new streets along existing property lines. • The inclusion of "neighborhood module" illustrations within the plan framework to provide general examples of characteristics that would help make a neighborhood module successful including a diversity of housing types accessible to a range of ages, family sizes, and income levels, common center greens and community gardens, and alley accessed parking areas. Ill. Procedural - Required Burden of Proof 18.5 Application Review Procedures and Approval Criteria 18.5.9.010 Purpose This chapter contains the procedure for amending the Comprehensive Plan, Zoning and Land Use Control Maps, and Land Use Ordinance. 18.5.9.020 Applicability and Review Procedure Applications for Plan Amendments and Zone Changes are as follows: A. Type II. The Type II procedure is used for applications involving zoning map amendments consistent with the Comprehensive Plan map, and minor map amendments or corrections. Amendments under this section may be approved if in compliance with the Comprehensive Plan and the application demonstrates that one or more of the following. 1. The change implements a public need, other than the provision of affordable housing, supported by the Comprehensive Plan. 2. A substantial change in circumstances has occurred since the existing zoning or Plan designation was proposed, necessitating the need to adjust to the changed circumstances. 3. Circumstances relating to the general public welfare exist that require such an action. 4. Proposed increases in residential zoning density resulting from a change from one zoning district to another zoning district, will provide 25 percent of the proposed base density as affordable housing consistent with the approval standards set forth in subsection 18.5.8.050.G. 5. Increases in residential zoning density of four units or greater on commercial, employment, or industrial zoned lands (i.e., Residential Overlay), will not negatively impact the City's commercial and industrial land supply as required in the Comprehensive Plan, and will provide 25 percent of the proposed base density as affordable housing consistent with the approval standards set forth in subsection 18.5.8.050.G. 6. The total number of affordable units described in 18.5.9.020.A, subsections 4 or 5, above, shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years. 18.5.9.020.A, subsections 4 and 5 do not apply to Council initiated actions. B. Type III. It may be necessary from time to time to make legislative amendments in order to conform with the Comprehensive Plan or to meet other changes in circumstances or conditions. The Type III procedure applies to the creation, revision, or large-scale implementation of public policy requiring City Council approval and enactment of an ordinance; this includes adoption of regulations, zone changes for large areas, zone changes requiring comprehensive plan amendment, comprehensive plan map or text amendment, annexations (see chapter 18.5.8 for annexation information), and urban growth boundary amendments. The following planning actions shall be subject to the Type I I I procedure. Planning Action PL#2013-01858 Ashland Planning Division - Staff Report bg Applicant: City of Ashland Page 13 of 16 1. Zone changes or amendments to the Zoning Map or other official maps, except where minor amendments or corrections may be processed through the Type II procedure pursuant to subsection 18.5.9.020.A, above. 2. Comprehensive Plan changes, including text and map changes or changes to other official maps. 3. Land Use Ordinance amendments. 4. Urban Growth Boundary amendments. IV. Conclusions and Recommendations The planning process which resulted in the Normal neighborhood Plan involved a wide variety of participants including the general public, property owners and neighboring residents. Staff believes the revisions that have been made in the development of the implementation package over the last 2 years have refined and improved the neighborhood plan, and are largely consistent with the original plan goals and objectives. Staff recommends the Transportation System Plan be amended to incorporate the Normal Neighborhood Street network as proposed. Upon review of the Normal Neighborhood Plan on April 23, 2015 the Transportation Commission recommended approval of the Street Network and Pedestrian and Bicycle Network as follows: Accept the presented revised plan as an amendment of the TSP with the following conditions: I ) 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. Staff recommends approval of the Comprehensive Plan Map amendments, adoption of the official Normal Neighborhood Plan Maps, and adoption of the Normal Neighborhood Plan Framework as a technical supporting document of the Comprehensive Plan. Staff recommends approval of the Land Use Ordinance amendments as presented. Planning Action PL#2013-01858 Ashland Planning Division - Staff Report bg Applicant: City of Ashland Page 14 of 16 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 o Exhibit B • Ordinance #3 - Land Use Ordinance (Ch 18) amendments o Exhibit A (Normal Neighborhood District Land Use Ordinance) • Planning Commission Report (4/22/2014) • Working Group memo dated (12/2/2014) Electronic Attachments (links) • Working Group Meeting Minutes: 0 5/21/2015 0 5/7/2015 0 4/15/2015 0 11/20/2014 0 10/23/2014 0 10/09/2014 0 9/18/2014 0 9/4/2014 0 8/21/2014 0 7/24/2014 0 7/10/2014 0 6/19/2014 • Transportation Commission Meeting Minutes o 4/23/2015 • Housing and Human Services Commission Meeting Minutes o 3/27/2014 • Existing Traffic Conditions technical memorandum (dated September 5, 2012) • Future Traffic Analysis (dated November 19, 2013) Planning Action PL#2013-01858 Ashland Planning Division - Staff Report bg Applicant: City of Ashland Page 15 of 16 • Letters Public letters submitted relating to Planning Action PL-2013-01858 , including prior iterations of the draft plan (pre-July 2015), are not physically attached to this Staff Report, however they remain available online at www.ashland.or.us/normgl Ian, which includes the following electronically linked letters: 2015 2014 2013 All 2013 letters combined - PDF All 2014 letters combined - PDF All 2015 letters combined - PDF Vidmar letter (7/13/2015) Jones/MaharHomes letter DeMarinis letter and exhibits Vidmar letter (3/31/2015) (11/2012014) (10/31/2013) Miller Letter (3/23/2015) Vidmar letter 01/15/2014) DeMarinis letter and ACCESS Inc. letter (11/12/2014) exhibits 00/8/2013) Vidmar letter 00/27/2014) Meadowbrook Home Owners Miller letter (9/29/2014) (Anderson) letter and exhibits Mahar Homes Concept Plan (10/8/2013) (9/18/2014) Ashland Meadows Lutz letter (9/17/2014) (Skuratowicz) letter Miller letter (9/12/2014 (10/8/2013) Miller letter (9/03/2014) Koopman letter and exhibits Boyer letter (8/20/2014) (10/8/2013) DeMarinis letter (8/06/2014) Lutz letter (9/26/2013) Boyer Letter (8/06/2014) Vidmar letter (7/29/2013) Vidmar letter (7/3012014) Carse letter (6/27/2013) Breon letter (7/22/2014) Gracepoint letter (6/12/2013) DeMarinis letter (7/22/2014) Vidmar letter (4/26/2013) Vidmar letter (7/21/2014) Shore letter (4/10/2013) DeMarinis letter (7/15/2014) Marshall letter (4/1012013) DeMarinis letter (5/19/2014) Horn letter (3/0512013) Anderson letter (4/08/2014) Filson letter (2/25/2013) Grace Point letter (5/06/2014) Vidmar letter (2/25/2013) Livni letter (4/29/2014) Mandell letter (5/05/2014) Marshall Letter (04/30/2014) Miller Letter (4/30/2014) Neher letter (5/02/2014) Quiett letter (5/1/2014) Wallace letter (5/01/20 4) Seidler letter (4/30/2014) Sharp letter (4/29/2014) Jacobson letter (4/27/2014) Arsac letter (4/29/2014) Brannan letter (5/04/2014) Gerschler letter (5/04/2014) Open City Hall public comments 3/( 5/14) GracePoint letter (3/11/2014) Anderson Letter (3/11/2014) Skuratowicz letter (3/11/2014) Hunter letter ( 2/25/14) Planning Action PL#2013-01858 Ashland Planning Division -Staff Report bg Applicant: City of Ashland Page 16 of 16 ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF ASHLAND COMPREHENSIVE PLAN TO ADD A NORMAL NEIGHBORHOOD PLAN DESIGNATION TO CHAPTER II [INTRODUCTION AND DEFINITIONS], ADD THE NORMAL NEIGHBORHOOD LAND CATEGORIES TO CHAPTER IV [HOUSING ELEMENT], CHANGE THE COMPREHENSIVE PLAN MAP DESIGNATION FOR APPROXIMATELY 94 ACRES OF LAND WITHIN THE CITY OF ASHLAND URBAN GROWTH BOUNDARY FROM SINGLE FAMILY RESIDENTIAL AND SUBURBAN RESIDENTIAL TO THE NORMAL NEIGHBORHOOD PLAN DESIGNATION, AND ADOPT THE NORMAL NEIGHBORHOOD PLAN FRAMEWORK AS A SUPPORT DOCUMENT TO THE CITY OF ASHLAND COMPREHENSIVE PLAN Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are in bold underline. WHEREAS, Article'2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International 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 II, [INTRODUCTION AND DEFINITIONS] is hereby amended to add the following new Section [NORMAL NEIGHBORHOOD PLAN 2.04.17] and to adopt the Normal Neighborhood Plan Framework as a supporting document to the City's Comprehensive Plan; former Section 2.04.17 is renumbered [PLAN REVIEW 2.04.18], to read as follows: PLAN REVIEW (2.04.17) NORMAL NEIGHBORHOOD PLAN (2.04.17) This is a residential area that promotes a variety of housing types including single familv, 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 11 [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-I+-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 12015, 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. 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O O O C h O ' U F-+ It v v~ a a v= 14, b - 1 u b 0 3° 7j u :1 d v 0. C u O p z bn 7 v o Q) u 75 v 5 O Id 0 co > P-4 a F b N v b v o v 0 7 Q N 'ut -r. Q; -L' tjD Q ° o El a3 I- u 4 o U v o 2 t/) 'L v o v q v Y O O O LL C a O O L O L m O z co E 0 z CITY OF Exhibit C ASHLAND as ain street nAa h Ashland Middle School F L Walker Elementary I 00 h c S E { I- - , I 0 200 400 800 1,200 Fe 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 Iwo~ and additions are in bold underline. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefighters Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the City of Transportation Commission considered the above-referenced amendments to the Transportation System Plan at a duly advertised public hearing on , 2015 and following deliberations recommended approval of the amendments by a vote of and WHEREAS, the City of Ashland Planning Commission considered the above-referenced amendments to the Transportation System Plan at a duly advertised public hearing on July 28, 2015 and following deliberations recommended approval of the amendments by a vote of - ; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on September 1, 2015, and on [subsequent public hearing continuance dates]; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Page 1 of 6 Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the Ashland Comprehensive Plan includes goals and policies intended to work towards creating an integrated land use and transportation system to address the Transportation Planning Rule (TPR) Oregon Administrative Rule 660-012-0000 directive for coordinated land use and transportation plans should ensure that the planned transportation system supports a pattern of travel and land use in urban areas that will avoid the air pollution, traffic and livability problems faced by other large urban areas of the country through measures designed to increase transportation choices and make more efficient use of the existing transportation system."; and WHEREAS, the Street Dedication Map, Planned Intersection and Roadway Improvement Map and Planned Bikeway Network Map are adopted official maps for long range planning purposes, . and are periodically amended to identify streets and pedestrian and bicycle pats that will be needed in the future to connect the street network and provide access to undeveloped areas within the Urban Growth Boundary (UGB); and WHEREAS, the Ashland Comprehensive Plan includes the following policies addressing street dedications: 1) Development of a modified grid street pattern shall be encouraged for connecting new and existing neighborhoods during subdivisions, partitions, and through the use of the Street Dedication map. (10.09.02.32); and 2) Street dedications shall be required as a condition of land development. A future street dedication map shall be adopted and implemented as part of the Land Use Ordinance. (10.09.02.34).; and WHEREAS, the City Council of the City of Ashland has determined that in order protect and benefit the health, safety and welfare of existing and future residents, and to address changes in existing conditions and projected needs related to land use and transportation pattern s, 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 minimum standard or ranges for the improvements shown. The approval authority may require a dimension within a specified range based upon intensity of land use, existing and projected traffic and pedestrian volumes, or when supported through other applicable approval standards. The approval authority may approve dimensions and ranges greater than those proposed by an applicant. Table 18.4.6.040.F. City of Ashland Street Design Standards WITHIN CURB-TO-CURB AREA TYPE OF AVERAGE RIGHT- CURB-TO- MOTOR MEDIAN BIKE PARK CURB PARK- SIDE- STREET DAILY OF- CURB VEHICLE AND/OR LANES -ING ROW WALKS TRIPS WAY PAVEMENT TRAVEL CENTER (ADT) WIDTH WIDTH LANES TURN on on on on LANE both both both both sides sides sides sides 2-Lane 8, 000 to 61'-87' 34' 11' none 6' 8'-9' 6" 5'-8'' 6'-10r2 Boulevard 3-Lane 30,000 73'-99' 46' 11' 12' 6' 81-9' 6" 5'8" 6'-10r2 Boulevard 5-Lane 95'-121' 68' 11' 12' 6' 8'-9' 6" 5'-8" 6'-10' 10,2 Boulevard 2-Lane 3,000 to 59'-86' 32'-33' 10'-10.5' none 6' 8'-9' 6" 5'-8'' 6' 10' 2 Avenue 3-Lane 10,000 70.5'- 43.5'-44.5' 10'-10.5' 11.5' 6' 8'-9' 6" 5'-8'' 6'-10'2 Avenue 97.5' Neighborhood 1,500 to NA NA 3 Collector, 5,000 Residential No Parking 49'-51' 22' 11' none 6" 8' 5'-6' Parking One 50'-56' 25'-27' 91-10' 7' 6" 7'-8' 5'-6' Side Parking Both 57'-63' 32L34' 9'40' 7' 6" T_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' 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 -ING ROW WALKS TRIPS WAY PAVEMENT TRAVEL CENTER (ADT) WIDTH WIDTH LANES TURN on on on on LANE both both both both sides sides sides sides Sides Diagonal Parking One 65'-74' 37' 10' 17' 6" 5'-8" 8,-10,1 Side Diagonal Parking Both 81'-91' 54' 10' 17' 6"' 5'-8'' 8'-10' 2 Sides Neighborhood less than NA NA 3 Street 1,500 Parking One 47' 51' 22' 15' 7' 6" 5-8" 5'-6' Side Queuing Neighborhood Street Parking Both 50'-57' 25 28' Queuing 7' 6" 5' 8 ' 5'-6' Sides 4 100 Less than Private Drive 15'-20' 12'15' Queuing NA NA NA NA NA NA Shared Less Street than 25' 18' paved 12' NA NA NA NA NA NA 1500 12'paved Alley NA 16' width, 2' NA NA NA NA NA NA NA strips on both sides 6'-10'paved Multi-Use NA 12,-18 width, 2'-4' NA NA NA NA NA NA NA Path strips on both sides 1) 7'- 8' landscape parkrow shall be installed in residential areas; 5' hadscape parkrow with tree wells shall be installed in commercial areas on streets with on-street parking lanes, or T 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 physical and visual indications the space is shared across modes See Figure 18.4.6.040.G.8. Prototypical Section: Shared Street r ; J r r v ;x Y 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 t Y 7 1 Road classifications neigborhood ' collector local street shared street # multi-use path Shared Streets within the Normal -nay Neighborhood Plan arear be alternatively developed as alleys or multi-use paths. Improvement of the rail road crossing requires approval of an application for an at grade railroad crossing. Normal Neighborhood Plan - Street Network Map 0 200 400 800 Feet CITY OF ExhibitB ASHLAND f r • i • • • . • • Normal Neighborhood Plan Avenue with sidewalks & bikelanes Pedestrian and Bicycle Network Streets with sidewalks Shared Street Multi-use 200 400 800 Feet • • • ° path 7/28/2015 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 del€tiens 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 Firefiyhters Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the City of Ashland is projected to grow by approximately 3,250 residents by 2030 and 2,000 employees by 2027, and the City Council reaffirmed the long-standing policy of accommodating growth within the Ashland Urban Growth Boundary rather than growing outward into surrounding farm and forest lands in the Greater Bear Creek Valley Regional Problem Solving (RPS) planning process; and WHEREAS, the City of Ashland seeks to balance projected population and employment growth with the community goal of retaining a district boundary and preventing sprawling development, and to this end examines opportunities to use land more efficiently for housing and businesses; and WHEREAS, the City of Ashland continues the community's tradition of integrating land use and transportation planning, and using sustainable development measures such as encouraging a mix and intensity of uses on main travel corridors to support transit service and use, integrating affordable housing opportunities, and reducing carbon emissions by providing a variety of transportation options; and Page 1 of 4 WHEREAS, the City conducted a planning process involving a series of public workshops, on- line forum, key participant meetings and study sessions from October 2011 through July 2015 involving a three-step process in which participants identified the qualities that make a successful neighborhood„ developed vision statements for the study area, and reviewed and revised plans illustrating an example of what development might look when the 94 acre is incorporated into the City of Ashland; and WHEREAS, the final report for the Normal Neighborhood Plan included recommended amendments to the zoning map and land use ordinance which would support the development of the neighborhood as envisioned in the planning process being small walkable neighborhood modules that provide concentrations of housing grouped in a way to encourage more walking, cycling and transit use; and WHEREAS, the City of Ashland Planning Commission considered the above-referenced recommended amendments to the Ashland Municipal Code and Land Use Ordinances at a duly advertised public hearing on July 28, 2015, and following deliberations, recommended approval of the amendments by a vote of ; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on , 2015; and following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. A new Chapter 18.3.4 of the Ashland Municipal Code creating a new overlay district [Normal Neighborhood District] set forth in full codified form on the attached Exhibit A and made a part hereof by this reference, is hereby added to the Ashland Municipal Code. SECTION 3. Chapter 18.2.1.020, of the Zoning Regulations and General Provisions section of the Ashland Municipal Code, is hereby amended to read as follows: 18.2.1.020 Zoning Map and Classification of Zones For the purpose of this ordinance, the City is divided into zones designated and depicted on the Zoning Map, pursuant to the Comprehensive Plan Map, and summarized in Table 18.2.1.020. Page 2 of 4 Table 18.2.1.020 Base Zones Overly Zones Residential - Woodland WR Airport Overly Residential - Rural RR Detail Site Review Overly Residential - Single-Family (R-1-10, R-1-7.5, Downtown Design Standards and R-1-5 Overlay Residential - Suburban (R-1-3.5) Freeway Sign Overlay Residential - Low Density Multiple Family (R-2) Historic District Overlay Residential - High Density Multiple Family (R-3) Pedestrian Place Overlay Commercial (C-1) Performance Standards Options Overlay Commercial - Downtown (C- 1-D) Physical and Environmental Constraints Overlay Employment (E-1) -Hillside Lands Industrial (M-1) -Floodplain Corridor Lands -Severe Constraints Lands Special Districts -Water Resources Croman Mill District (CM) -Wildfire Lands Health Care Services District (HC) Residential Overlay Normal Neighborhood (NN) North Mountain Neighborhood District (NM) Southern Oregon University District SOU SECTION 4. Chapter 18.2.1.040, of the Zoning Regulations and General Provisions section of the Ashland Municipal Code, is hereby amended to read as follows: 18.2.1.040 Applicability of Zoning Regulations Part 18.2 applies to properties with base zone, special district, and overlay zone designations, as follows: Table 18.2.1.040. Applicability of Standards to Zones, Plan Districts and Overlays -Designation Applicability Base Zones Residential - Woodland (WR) Chapter 18.2 Applies Directly Residential - Rural (RR) Chapter 18.2 Applies Directly Residential - Single-family (R-1-10, R-1- Chapter 18.2 Applies Directly 7.5, R-1-5) Chapter 18.2 Applies Directly Residential - Suburban (R-1-3.5) Chapter 18.2 Applies Directly Residential - Low Density Multiple Family Chapter 18.2 Applies Directly (R-2) Chapter 18.2 Applies Directly Residential - High Density Multiple Family Chapter 18.2 Applies Directly (R-3) Chapter 18.2 Applies Directly Commercial (C-1) Commercial - Downtown (C-1-D) Employment (E-1) Industrial M-1 Page 3 of 4 Table 18.2.1.040: Applicability of Standards to Zones, Plan Districts and Overlays Designation Applicability Special Districts Croman Mill District Zone (CM) CM District Replaces chapter 18.2 Health Care Services Zone (HC) NN District Replaces chapter 18.2 Normal Neighborhood District (NN) NM District Replaces chapter 18.2 North Mountain Neighborhood (NM) Southern Oregon University SOU Overlay Zones Airport Overlay Modifies chapter 18.2 Detail Site Review Overlay Modifies chapter 18.2 Downtown Design Standards Overlay Modifies chapter 18.2 Freeway Sign Overlay Modifies chapter 18.2 Historic Overlay Modifies chapter 18.2 Pedestrian Place Overlay Modifies chapter 18.2 Performance Standards Options Overlay Modifies chapter 18.2 Physical and Environmental Constraints Overlay Modifies chapter 18.2 Residential Overlay Modifies chapter 18.2 SECTION 5. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 6. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions, and text descriptions of amendments (i.e. Sections 1- 2, 5-6) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2015, and duly PASSED and ADOPTED this day of , 2015. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 4 of 4 Exhibit A Normal Neighborhood District Chapter 18 Code Amendments 18.3.4.010 Purpose 18.3.4.020 Applicability 18.3.4.030 General Requirements 18.3.4.040 Use Regulations 18.3.4.050 Dimensional Regulations 18.3.4.060 Site Development and Design Standards 18.3.4.070 Conservation Area overlay 18.3.4.075 Advanced Financing District [Placeholder] 18.3.4.080 Review and Approval Procedure 18.3.4.010 Purpose The neighborhood is designed to provide an environment for traditional neighborhood living. The Normal Neighborhood Plan is a blueprint for promoting a variety of housing types while preserving open spaces, stream corridors, wetlands, and other significant natural features. The neighborhood commercial area is designated to promote neighborhood serving businesses with building designs that reflect the character of the neighborhood and where parking is managed through efficient on-street and off-street parking resources. The neighborhood will be characterized by a connected network of streets and alleys, paths and trails, with connection to the natural areas, wetlands, and streams. This network will also connect to the larger network of regional trails, paths, and streets beyond the boundaries of the neighborhood. The development of the neighborhood will apply principles of low impact development to minimize the extent and initial cost of new infrastructure and to promote the benefits of storm water management. 18.3.4.020 Applicability This chapter applies to properties designated as Normal Neighborhood District on the Ashland Zoning Map, and pursuant to the Normal Neighborhood Plan adopted by Ordinance [#number (date)]. Development located within the Normal Neighborhood District is required to meet all applicable sections of this ordinance, except as otherwise provided in this chapter; where the provisions of this chapter conflict with comparable standards described in any other ordinance, resolution or regulation, the provisions of the Normal Neighborhood District shall govern. 18.3.4.030 General Regulations Page 1 of 12 A. Conformance with the Normal Neighborhood Plan. Land uses and development, including construction of buildings, streets, multi-use paths, and open space shall be located in accordance with those shown on the Normal Neighborhood Plan maps adopted by Ordinance [#number (date)]. B. Performance Standards Overlay. All applications involving the creation of three or more lots shall be processed under chapter 18.3.9 Performance Standards Option. C. Amendments. Major and minor amendments to the Normal Neighborhood Plan shall comply with the following procedures: 1. Major and Minor Amendments a. Major amendments are those that result in any of the following: i. A change in the land use overlay designation. ii. A change in the maximum building height dimensional standards in section 18.3.4.050 iii. A change in the allowable base density, dwelling units per acre, in section 18.3.4.050. iv. A change in the Plan layout that eliminates a street, access way, multi-use path or other transportation facility. v. A change in the Plan layout that provides an additional vehicular access point onto East Main Street or Clay Street. vi. A change not specifically listed under the major and minor amendment definitions. b. Minor amendments are those that result in any of the following: i. A change in the Plan layout that requires a street, access way, multi-use path or other transportation facility to be shifted fifty (50) feet or more in any direction as long as the change maintains the connectivity established by Normal Avenue Neighborhood Plan. ii. A change in a dimensional standard requirement in section 18.3.4.050, but not including height and residential density. iii. A change in the Plan layout that changes the boundaries or location of a conservation area to correspond with a delineated wetland and water resource protection zone, or relocation of a designated open space area. 2. Major Amendment - Type II Procedure. A major amendment to the Normal Neighborhood Plan is subject to a public hearing and decision under a Type II Procedure. A major amendment may be approved upon finding that the proposed modification will not adversely affect the purpose of the Normal Neighborhood Plan. A major amendment requires a determination by the City that.. a.The proposed amendment maintains the transportation connectivity established by the Normal Neighborhood Plan; b. The proposed amendment furthers the street design and access management concepts of the Normal Neighborhood Plan. Page 2 of 12 c. The proposed amendment furthers the protection and enhancement of the natural systems and features of the Normal Neighborhood Plan, including wetlands, stream beds, and water resource protection zones by improving the quality and function of existing natural resources. d. The proposed amendment will not reduce the concentration or variety of housing types permitted in the Normal Neighborhood Plan. e. The proposed amendment is necessary to accommodate physical constraints evident on the property, or to protect significant natural features such as trees, rock outcroppings, streams, wetlands, water resource protection zones, or similar natural features, or to adjust to existing property lines between project boundaries. 3. Minor Amendment - Type 1 Procedure. A minor amendment to the Normal Neighborhood Development Plan which is subject to an administrative decision under the Type 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 ith 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 tNj P P P Retail Sales and Services, with each building limited to 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 Minimum Side Yard 6 6 6 6 s 6 3 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% See section 18.4.3.080 Vehicle Area Design Parking Requirements Page 6 of 12 Minimum Outdoor Recreation Space, percentage of lot na na 80/. 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 18.3.4.030.8. 1. Conformance with Street Network Plan: New developments must provide avenues, neighborhood collectors, streets, alleys, multi-use paths, and pedestrian and bicycle improvements consistent with the design concepts within the mobility chapter of the Normal Page 7 of 12 Neighborhood Plan Framework and in conformance with the Normal Neighborhood Plan Street Network Map. a. Streets designated as Shared Streets on the Normal Neighborhood Plan Street Network Map may be alternatively developed as alleys, or multiuse paths provided the following: i. Impacts to the water protection zones are minimized to the greatest extent feasible. ii. Pedestrian and bicyclist connectivity, as indicated on the Normal Avenue Neighborhood Plan Pedestrian and Bicycle Network Map, is maintained or enhanced. 2 Storm water management. The Normal Neighborhood Plan uses street trees, green streets, and other green infrastructure to manage storm water, protect water quality and improve watershed health. Discharge of storm water runoff must be directed into a designated green street and neighborhood storm water treatment facilities. a.. Design Green Streets. Streets designated as Green Streets within the Street Network, and as approved by the Public Works Department, shall conform to the following standards: i. New streets must be developed so as to capture and treat storm water in conformance with the City of Ashland Storm Water Master Plan. 3. Access Management Standards: To manage access to land uses and on-site circulation, and maintain transportation safety and operations, vehicular access must conform to the standards set forth in section 18.4.3.080, and as follows: a. Automobile access to development is intended to be provided by alleys where possible consistent with the street connectivity approval standards. b. Curb cuts along a Neighborhood Collector or shared street are to be limited to one per block, or one per 200 feet where established block lengths exceed 400 feet. 4. Required On-Street Parking: On-street parking is a key strategy to traffic calming and is required along the Neighborhood Collector and Local Streets. B. Site and Building Design Standards. 1. Lot and Building Orientation: a. Lot Frontage Requirements: Lots in the Normal Neighborhood are required to have their Front Lot Line on a street or a Common Green. b. Common Green. The Common Green provides access for pedestrians and bicycles to abutting properties. Common greens are also intended to serve as a common open space amenity for residents. The following approval criteria and standards apply to common greens: Page 8 of 12 i. Common Greens must include at least 400 square feet of grassy area, play area, or dedicated gardening space, which must be at least 15 feet wide at its narrowest dimension. 2. Cottage Housing: [Reserved] 3. Conservation of Natural Areas. Development plans must preserve water quality, natural hydrology and habitat, and preserve biodiversity through protection of streams and wetlands. In addition to the requirements of 18.3.11 Water Resources Protection Zones (Overlays), conserving natural water systems must be considered in the site design through the application of the following guidelines: a.Designated stream and wetland protection areas are to be considered positive design elements and incorporated in the overall design of a given project. b.Native riparian plant materials must be planted in and adjacent to the creek to enhance habitat. c.Create a long-term management plan for on-site wetlands, streams, associated habitats and their buffers. 4. Storm Water Management. Storm water run-off, from building roofs, driveways, parking areas, sidewalks, and other hard surfaces must be managed through implementation of the following storm water management practices: a. When required by the City Engineer, the applicant must submit hydrology and hydraulic calculations, and drainage area maps to the City, to determine the quantity of predevelopment, and estimated post-development, storm water runoff and evaluate the effectiveness of storm water management strategies. Computations must be site specific and must account for conditions such as soil type, vegetative cover, impervious areas, existing drainage patterns, flood plain areas and wetlands. b. Future Peak Storm water flows and volumes shall not exceed the pre-development peak flow. The default value for pre-development peak flow is .25 CFS per acre. c. Detention volume must be sized for the 25 year, 24 hour peak flow and volume. d. Development must comply with one or more of following guidelines. i. Implement storm water management techniques that endeavor to treat the water as close as possible to the spot where it hits the ground through infiltration, evapotranspiration or through capture and reuse techniques. ii. Use on-site landscape-based water treatment methods to treat rainwater runoff from all surfaces, including parking lots, roofs, and sidewalks. iii. Use pervious or semi-pervious surfaces that allow water to infiltrate soil. iv. Design grading and site plans that create a system that slows the stormwater, maximizing time for cleansing and infiltration. v. Maximizing the length of overland flow of storm water through bioswales and rain gardens, vi. Use structural soils in those environments that support pavements and trees yet are free draining. Page 9 of 12 vii. Plant deep rooted native plants. viii, Replace metabolically active minerals, trace elements and microorganism rich compost in all soils disturbed through construction activities. 5. Off-Street Parking. Automobile parking, loading and circulation areas must comply with the requirements of chapter 18.4.3 Parking, Access, and Circulation Standards, and as follows: a. Neighborhood serving commercial uses within the NN-1-3.5-C zone must have parking primarily accommodated by the provision of public parking areas and on- street parking spaces, and are not required to provide private off-street parking or loading areas, except for residential uses where one space shall be provided per residential unit. 6. Neighborhood Module Concept plans. The Neighborhood Module Concept plans (i.e. development scenarios) are for the purpose of providing an example of developments that conform to the standards, and do not constitute independent approval criteria. Concept plans are attached to the end of this chapter. 18.3.4.65 Exception to the Site Development and Design Standards An exception to the requirements Site Development and Design Standards must follow the procedures and approval criteria adopted under section 18.4.1.030, unless authorized under the procedures for a major amendment to plan. 18.3.4.070. Open Space Area Overlay All projects containing land identified as Open Space Areas on the Normal Neighborhood Plan Open Space Network Map, unless otherwise amended per section 18.3.030.C, must dedicate those areas as: common areas, public open space, or private open space protected by restrictive covenant. It is recognized that the master planning of the properties as part of the Normal Neighborhood Plan imparted significant value to the land, and the reservation of lands for recreational open space and conservation purposes is proportional to the value bestowed upon the property through the change in zoning designation and future annexation. 18.3.4.075. Advance Financing District [Reserved] 18.3.4.080. Review and Approval Procedure. All land use applications are to be reviewed and processed in accordance with the applicable procedures of Part 18.5. Page 10 of 12 Neighborhood Module Concept plans The City recognizes that future innovations in building technologies, water conservation practices, and creative approaches to site design and layout will help shape the neighborhood module concept in consideration of the unique characteristics of the properties being developed. As such these example illustrations presented are primarily intended to assist those involved in conceptualizing a development to better address the principle objectives outlined within the Normal Neighborhood Plan. local street L Natural area prascrvation a -10 t Personal and s- r_ ' . community garden space .f" W o` alley 4 7e -ak 14& AWL e~ ` A variety of 1 alley housing types and sizes WE, ,t - Sviarvriented buildings ta. ±7" t _ - . - _ Common a i center greens K - v:sibile from - v Ig adjacent 's E~ 1 ° l Consolidated - a' parkino areas -))J Iocalstreetora ey Pad'Ing accessxl by alleys alley Page 11 of 12 Normal Neighborhood District Zoning Classification Map. i - -F 4 t t f 7 }^f Jc 0 -41.a_:Y [}yip Y - 4~^'. { 4, V Yr - Zoning NN-1-5 NN-1-3.5 r. ® NN-1-3.5-C ~ - - _ NN-2 ~s Open Space _ t Road Classifications I' z ' neigborhood collector local street I` j shared street I, i I l.. ~ _ ~ ~Hd_ Xd Rt7~F~CbI ■ - ■ ■ pa E_ !Ii th Normal Neighborhood District Zoning Classifications D M-3 40 WE) Feet Page 12 of 12 CITY OF ASHLAND Planning Commission Report DATE: April 22, 2014 TO: Ashland City Council FROM: Ashland Planning Commission RE: PA#20130-1858 Normal Neighborhood Plan Planning Commission Recommendations Summary The Ashland Planning Commission held a public hearing on March 11, 2014 related to the Comprehensive Plan, Comprehensive Plan Map, Transportation System Plan, and Ashland Land Use Ordinance amendments proposed to implement the Nonnal Neighborhood Plan (Planning Action 2013- 01858). The Commission concluded their review on April 8th and following discussion and deliberation unanimously recommended the City Council approve of the Normal Neighborhood Plan with a number of specific recommendations as outlined in this report. The Normal Neighborhood Plan area is one of the last sizeable tracts of largely undeveloped land designated for residential purposes in Ashland's Urban Growth Boundary (UGB). The future development of this area is expected to contribute toward accommodating long range population growth consistent with the City's Comprehensive Plan, and Ashland's position in the Greater Bear Creek Valley Regional Problem Solving Plan (RPS). The Planning Commission recognizes in order to maintain a compact urban form and to ensure the orderly and sequential development of land (Comprehensive Plan Goal 12.09) that neighborhood planning is an appropriate tool for this area. The creation of a neighborhood plan in this area is particularly valuable as over three decades of development has occurred in the area, under county standards, since the original Comprehensive Plan land use designations were assigned to the area. Consideration of the area's existing pattern of development, presence of water resource protection areas, existing and projected traffic volumes, and public testimony has allowed the Planning Commission to better understand the development constraints within the plan area, and carefully address the coordinated provision of open space, transportation, infrastructure, and housing. Recommendations The Planning Commission identified two categories of recommended amendments, those changes that are minor editorial corrections, and those changes that have broader policy implications. Amendments that are editorial in nature and necessary to clarify terminology and provide inter-document consistency are to be included in the final documents presented to the City Council. A list of these editorial changes is attached to this report (Appendix A). The Commission's recommendations pertaining to allowable land use standards, the stated purpose of open space, and the extent and timing of transportation system improvements are addressed in this report as specific recommendations for Council's consideration. Comprehensive Plan Change and Land Use Designations The Planning Commission supports the proposed Comprehensive Plan amendments and Land Use Designation Overlay Zones as proposed, and recommends the following: 2- o Approval of the proposed amendment to the Ashland Comprehensive Plan Map to create a designation for the Normal Neighborhood Plan District, including revised boundaries for Conservation Areas within the plan area. o Adoption of the Nonnal Neighborhood Plan Land Use Designations Overlay Zone Map. o Adoption of the Normal Neighborhood Plan Framework document as a supporting document to the City's Comprehensive Plan, with recommended changes to the mobility and open space chapters as described below. Mobility (Transportation) Framework The Planning Commission supports the Street Network, Pedestrian and Bicycle Network, Green Street Network, Shared Street Standard, and Street Classifications as proposed, and recommends approval of amendments to the the City Transportation System Plan (TSP) and City Street Standards to incorporate these elements of the Normal Neighborhood Plan as follows: o Amend to the Street Dedication Map (TSP Figure 10-1) to incorporate the plan area's proposed Street Network, and reclassification of Normal "Avenue" to be a Neighborhood Collector. o Amend the Planned Intersection and Roadway Improvement Map (TSP Figure 10-3) to include East Main Street as a Planned Roadway Project. o Amend the Planned Bikeway Network Map (TSP Figure 8-1) to incorporate the planned multi-use trails within the Normal Neighborhood Plan. o Amend the Street Design Standards within the Street Standards Handbook to incorporate the Shared Street classification. The Planning Commission has specific recommendations relating to the timing of transportation improvements associated with the future development of the plan area. In order to address current and future transportation along to East Main Street, the Commission recommends the mobility chapter of the Normal Neighborhood Plan Framework Document be amended to reflect the following: • The south side of East Main Street, from Walker Avenue to Clay Street, should be fully improved to City Street Standards prior to, or coinciding with any future annexation and development within the plan area. • A future transit stop coordinated with the Rogue Valley Transportation District, in the immediate vicinity of the NN-03 Land Use Zone, should be incorporated into the East Main Street roadway design and development. • That prior to annexation and development within the plan area the following items relating to the future Railroad crossing at Normal Avenue be addressed: o That the proposed public Rail Road crossing can be installed without necessitating the closure of any existing public crossing within the City. o A financing plan be. developed and approved by the City for the future improvement of the rail road crossing. Open Space Framework The Planning Commission supports the Comprehensive Plan map amendment to establish designated Conservation Ares as proposed, which include the Cemetery Creek and Clay Creek 100 year Floodplains, Wetlands identified in the 2007 Local Wetland Inventory, and wetland and riparian buffer Ashland Planning Commission . 20 E. Main Street P3 Ashland, Oregon 97520 www.ashland.orms ,r -3- areas consistent with the Water Resource Protection Zones. The Planning Commission further supports the Open Space Network map as presented and recommends approval of these plan elements. The Planning Commission has determined that the provision of open space within the plan area has environmental, recreational, and aesthetic value to the neighborhood. The contiguous open space corridors are a neighborhood defining characteristic and as such the Planning Commission recommends the Normal Neighborhood Plan Framework Document's Greenway and Open Space chapter be amended to further emphasize the community value of open space retention with a concluding statement on page 14 as follows: The Normal Neighborhood's distinctive character is shaped by the presence ofprominent open spaces and natural areas. The preservation of these neighborhood defining features is central to the success of the neighborhood plan as they ensure the protection offi°agile ecosystems, provide passive recreational opportunities where people can connect with nature, protect scenic views considered important to the community, protect future development from flood hazards, and preserve community character and quality of life by buffering areas of development from one another. The permanent establishment of interconnected open spaces and contiguous conservation areas as proposed in the Open Space Framework is essential to promote and maintain high quality residential development which is appropriate to the distinct character of the neighborhood. Land Use Ordinance The proposed Normal Neighborhood District Land Use Ordinance will be reviewed as part of a separate legislative process as it is to be incorporated into the Unified Land Use Ordinance (ULUO) process presently underway. However, given the interrelated nature of the Normal Neighborhood Plan elements the Planning Commission took testimony regarding the draft Normal Neighborhood District Land Use Ordinance at March 11th public hearing in order to evaluate the draft ordinance and formulate recommendations for the Council's consideration. The Planning Commission supports the draft land use ordinance's mix of land uses, housing types and proposed densities, Site Development and Design Standards, and flexibility afforded by the proposed major and minor amendment provisions, with following recommended policy change: • The Commission recommends the dimensional regulations in the proposed land use ordinance (18-3.13.050) and the review procedures be amended to include a Conditional Use Permit to increase building height from the proposed 35ft and 2'/2 story maximum up to 40ft and 3- stories exclusively within the NN-03 and NN-03C zones. The Commission finds that such a change would provide applicants greater site and building design flexibility in achieving the stated densities (15 units per acre) within the NN-03 and NN-03 -C zones, while retaining a publically noticed review process to evaluate the bulk and scale of proposed buildings to ensure neighborhood compatibility is preserved. Conclusion Through the two year public neighborhood planning process the Planning Commission has evaluated the impacts of future development in consideration the of goal to ensure a variety of dwelling types and provide housing opportunities for the total cross section of Ashland's population, consistent with preserving the character and appearance of the City (Comprehensive Plan goal 6.10). The resulting Ashland Planning Commission 20 E. Main Street Ashland, PW Oregon 97520 IF'I www.ashland.or.us IVAM -4- neighborhood plan strives to preserve the character of the neighborhood, accommodate a variety of housing types, connect a system of greenways, protect and integrate existing creek corridors and wetlands, and enhance mobility for area residents through establishing safe and direct walking and bicycle routes. The Planning Commission finds the Normal Neighborhood Plan, with the additional recommendations included in this report, achieves these objectives and will be a valuable guide for future annexation and development of properties within the 94 acre area. Ashland Planning Commission 20 E. Main Street A Oregon 97520 Ashland, www.ashland.or.us -J AppendixA Editorial Changes incorporated into the final plan documents The editorial changes recommended by the Planning Commission and Staff were needed to clarify terminology and provide inter-document consistency. These changes have already been incorporated into the draft documents presented to the City Council for consideration. The following lists the specific changes that were made to the plan documents presented at the first public hearing on March 11, 2014: • Amend the framework document (page 7) under Double Dwellings to strike NN-01 as a zone where they are permitted. • Amend the Framework Document to alter references to Pedestrian Oriented Cluster Housing (e.g top of page 7) to be consistent with the description of the Housing Type as written on page 8. • Amend the Framework Document to eliminate statements that stipulate that rear alleys "help to eliminate pavement" as although true in some site configurations it is not universally true in all circumstances (pg 16). • Amend the Framework Document's "Use Table" on page 10 to include Pedestrian Oriented Cluster Housing as permitted in NN-02 and NN-03 consistent with the draft Land Use Ordinance. • Amend the draft Land Use Code 18-3.13.040 as follows: o A2: 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. o B5: Pedestrian Oriented Cluster 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. o B7: Add a place holder for a Cottage Housing description consistent with the Unified Land Use Ordinance. • Amend the draft Land Use Code 18-3.13.050 to read as follows: o B 1(e). Accessory residential units shall be included for the purposes of meeting minimum density calculation requirements for residential annexations as described in 18- 5.7.050F. o B2(b): Cottage Housing. In the NN-01 zone, developments meeting the standards of section 18-2.3.090 Cottage housing shall receive a density bonus consistent with 18- x.xx.xxx . (to reference the density bonus put forth in the UL UO) • Amend the draft Land Use Code 18-3-13.060 to read as follows: A3(a): Automobile Access to development is intended to be provided by alleys where possible consistent with the street connectivity approval standards. Ashland Planning Commission 20 E. Main Street Ashland, Oregon 97520 Pr, ww~v.ashland.or.us CITY OF Memo ASHLAND TO: Ashland City Council FROM: Normal Neighborhood Plan Working Group DATE: December 2, 2014 RE: Normal Neighborhood Plan Recommendations Vision Statement Neighborhood planning is the process by which the City works with Ashland's residents to envision the future of the neighborhood. The eventual incorporation of the Normal Neighborhood Plan area into the City depends on careful consideration of the neighborhood's unique identity and character and a holistic planning approach. The Normal Neighborhood Working Group envisions a neighborhood that is notable for the natural beauty of the area's wetlands and creeks, mountain views, diversity of households, and as an area which accommodates bicycling and walking as a reliable and convenient way to move throughout the area. Local streams, wetlands, and scenic vistas contribute significantly to define the character of the Normal Neighborhood. The quality of the place is enhanced by these features and the wildlife that they attract. Connected and contiguous open spaces should remain as central features of the area's future development as they help reflect the community of Ashland's commitment to promote environmental quality, provide recreational opportunities, and function to incorporate nature into the daily lives of the area's residents. The neighborhood should provide for a range of housing choices available a diversity of Ashland's population. The neighborhood can accommodate a blend of housing types including individual residences, townhomes, apartments, moderately sized cottages, pedestrian oriented cluster housing, and mixed-use neighborhood serving businesses. Future developments should be designed to relate to, and complement, adjacent properties. Incorporating unifying elements between adjacent developments will serve to promote neighborhood cohesiveness, provide open space in a coordinated manner, and secure an efficient circulation system. Given the immediate proximity to existing schools, parks, and local business areas the neighborhood is recognized as place where children can readily walk and bike to schools through a safe, desirable family-based neighborhood. The Normal Neighborhood Plan Working Group believes a neighborhood plan is necessary to address long-term community goals, unify expectations, and integrate the project area into the fabric of the City. The implementation standards for the neighborhood plan should be strong enough to maintain the vision for the area, yet flexible enough to respond to changing conditions and adapt over time. Normal Neighborhood Working Group 441611 ccCITiiY OF Memo ASHLAND Recommendations Land Use and Housing Density: 1. Housing Density gradation should move from south to north. This would place higher density development near the railroad tracks and within a relatively short distance to transit lines, parks and community facilities. This approach will also protect the existing viewshed. 2. Zoning designations applied within the Normal neighborhood area should be consistent with the zoning of adjacent land within the City Limits, and use zoning labels that are comparable to those used in the rest of the city while recognizing the Normal Neighborhood (NN) district. 3. Maintain option for neighborhood serving businesses and services close to East Main St near the northeast corner of the plan area. Open Space: 1. Maintain the approach toward designation of open space and conservation areas proposed in the draft plan. Amend the plan to allow non-conservation open space to be relocated requiring a minor amendment application. 2. Obtain a review of the final plan by the Parks Department prior to adoption. Design issues: 1. Maintain a maximum building height of 35 feet. 2. Encourage the development of clustered housing that integrates with open space and respects the viewshed. 3. Provide for a smooth transition between adjacent developments to promote neighborhood cohesiveness, provide open space in a coordinated manner, and secure an efficient circulation system. Transportation: 1. The internal transportation system's local street network should incorporate multiple connections with East Main St as shown, and maintain the Normal Collector as designated in the draft plan. Additional connections to East Main Street or Clay Street, which are not shown in the proposed Street Framework, should require a major amendment to the Plan. 2. Internal local streets should be aligned to provide a grid pattern, including clear east-west connections. 3. Pedestrian and bicycle pathways are critical, especially as a means to connect residents with the middle school and the existing bike path. 4. External transportation improvements, including the railroad crossing and improvements to East Main St., are integral and should proceed in concert with development. However, we believe the city may need to play a role in the financing/implementation of these projects. Accordingly, as a next step we recommend that the council direct city staff and/or an outside consultant to identify and quantify: a. the need and possible means for public investment in the project, and b. the overall costs and benefits that these facilities present to the entire city. Normal Neighborhood Working Group liVALA&A Normal Neighborhood Plan Project Guiding Principles and Objective Throughout the process of developing the Normal Neighborhood Plan the Planning Commission, design team, resident participants engaged in the process, and staff have referenced the following goals and objectives to help guide discussions about various plan elements: • Increase efficiency in the use of land through concentration of housing in a centrally located area within the City UGB planned for future urban development; • Achieve a development pattern that results in a balanced, multi-modal transportation system and that enhances opportunities for walking, bicycling or using transit in areas planned for transit service; • Delineate housing, neighborhood serving commercial, open space, public space, and green infrastructure improvements, in a manner that provides for preservation and enhancement of creeks and wetlands; • Develop new illustrative conceptual architectural and site plans for the project area consistent with Transportation and Growth Management objectives. Concepts will meet the City's and the property owners' development goals and standards. • Design a local street grid for the project area including connections to existing and planned street, pedestrian, and bicycle facilities outside the project area to more-fully integrate the project area into the City transportation system; • Provide for pedestrian and bicycle routes and facility improvements within the project area that will provide safe access to local schools; • Provide alternatives to, or delay the need for, expansion of the City UGB; • Reduce emissions that contribute to climate change through changes to transportation or land use plans that reduce expected automobile vehicle miles traveled; • Provide an implementation strategy that includes supporting Comprehensive Plan and updated TSP amendments, form based codes, and design standards; and • Present the Plan and documentation necessary to support adoption to City's Planning Commission (PC) and City Council (Council). Executive Summary Normal Neighborhood Reimbursement District Offsite Infrastructure Construction Cost Estimate and Apportionment of Costs City of Ashland, Oregon INTRODUCTION: As part of the development of the Normal Neighborhood Plan, certain offsite street and utility improvements/upgrades are needed. The City is proposing to develop said improvements in participation with properties in the Normal Neighborhood. The offsite improvements addressed by this study are: 1. Street and utility improvements/upgrades to East Main Street from Walker Avenue to Clay Street. 2. Improvements to the Normal Avenue railroad crossing at the south end of the neighborhood. OBJECTIVE: The objective of this study is to: 1. Determine the cost to make said improvements noted above. 2. Determine an equitable method for all parties to participate in construction of said improvements. In addition, estimated construction costs were prepared for street and utility improvements/upgrades to East Main Street from Clay Street to Tolman Creek Road as a separate analysis. BACKGROUND: The "Normal Neighborhood is located in the eastern area of Ashland, bounded roughly by East Main Street on the north, the Siskiyou Railroad on the south, Ashland Middle School on the west, and Wingspread Mobile Home Park, Creek Drive, and Clay Street on the east. The neighborhood consists of 34 lots with a total of 472 potential dwelling units under the scenario being considered in the Normal Neighborhood Plan. Under the existing Comprehensive Plan the area would accommodate approximately 550 dwelling units. It is anticipated that the costs of improvements be apportioned to new dwelling units only (i.e. with issuance of a building permit through an advanced financing district), not the existing 23 homes in the project area. The potential dwelling unit count was provided by the City Planning Department Staff. Street and utility improvement costs to upgrade East Main Street to current City of Ashland standards were estimated based on current improvement costs. The costs were for improvements from Walker Avenue to Clay Street being approximately 3500 feet long or 0.66 miles. East Main Street in this area typically consist of approximately 31 feet wide asphaltic concrete pavement roadway with two travel lanes and two bike lanes. The street right of way is 60 feet. F The proposed street improvements have a couple of different cross-sections. The roadway width would be 48.5 feet wide from the face of curb on the south side to the face of curb on the north side. There would be two travel lanes, one center turn lane, and two six foot (6') wide bicycle lanes on each side. There is not a sidewalk proposed on the north side, only a three foot (3') wide shoulder. The variations in the street cross-section had to do with the sidewalk area on the south side. Most of the sidewalk areas will consist of a six foot (6') wide concrete sidewalk separated from the curb with a seven foot (7') wide planter/bio Swale area. There are some areas because of deep cuts or fills, the sidewalk area was narrowed to eliminate the planter/bio swale thereby lessening the cost for construction of retaining walls, etc. In these sections, a six foot (6') wide concrete sidewalk is proposed next to the curb, with a retaining wall. These improvements will fit within the existing 60 foot wide right of way in most cases. Some right of way will need to be acquired to accommodate the required centerline radius for this street classification as well as to provide for a safe driving environment. The cost of right of way acquisition has been included in the construction cost estimate. Some slope and utility easements will be required on both sides of the new street, and those have also been calculated and included in the construction cost estimate. Also included in the construction cost estimate for East Main Street were sanitary sewer, storm sewer, waterlines, and power line relocation. The improvements to East Main Street noted above were analyzed two ways. Overhead power lines are located on both sides of the street. PP&L lines are on the north side and City of Ashland power lines are on the south side. Option 1 was to relocate the power lines outside of the street improvements but leaving them overhead. Option 2 was to remove the overhead power lines and place them underground. Although Option 2 is more expensive, it is common practice and a requirement in many cases to move overhead power lines underground when making major street improvements, especially when most of the right of way will be taken up by the streets and sidewalks, as is the case here. Costs were primarily based on current ODOT prices and calculated using a standard ODOT construction cost estimating form/spreadsheet. In addition to preparing a construction cost estimate for improvements to East Main Street from Walker Avenue to Clay Street, a separate construction cost estimate was prepared for extending the same improvements from Clay Street to Tolman Creek Road, approximately 1000 feet further east. The costs were separated into two options like those noted above. Option 1 was to relocate the power lines outside of the street improvements but leaving them overhead. Option 2 was to remove the overhead power lines and place them underground. The Normal Avenue rail crossing improvement costs were estimated by RH2 Engineers, earlier in the process. Normal Avenue is proposed to be realigned with a new at grade signalized railroad crossing. The new realigned section of road would be approximately 720 feet long and consist of two travel lanes, two bicycle lanes, and six foot (6') wide sidewalks on both sides. The improvements will require acquisition of right of way which is included in the construction cost estimate. The City will participate in the cost of improvements to the following extent: 1. 50% SDC Participation for: a. Street Construction, b. Sanitary Sewer Construction, and c. Storm Sewer Construction 2. 0% Participation for: a. Right of Way Acquisition b. Power Relocation c. Waterline Construction Also included in the construction cost estimates are Engineering, and Contingencies estimated at 62% of the construction cost. As discussed earlier, the construction cost estimates are based on spring; 2015 costs. Adjustments to future cost estimates should be inflated based on the applicable Construction Cost Index rates for this area. These usually range between 2-3% per year. CONCLUSION (Summary of Findings): The estimated construction cost estimates for each option and the apportionment of costs of same are noted below. Option 1 Improvements/upgrades to East Main Street from Walker Avenue to Clay Street, and the Normal Avenue Railroad Crossing (Relocating Power Lines Overhead) Construction Cost City Share of Construction Cost (SDC): $2,284,059.00 Normal Neighborhood Share of Cost: $3,502,959.00 Total Construction Cost: $5,787,018.00 Normal Neighborhood Cost Apportionment Number of Lots: 34 Total Number of Potential Dwelling Units: 472 Neighborhood Share of Cost Per Dwelling Unit: $7,421.52 Option 2 - Improvements/upgrades to East Main Street from Walker Avenue to Clay Street, and the Normal Avenue Railroad Crossing (Place Power Lines Underground) Construction Cost City Share of Construction Cost (SDQ $2,887,788,50 Normal Neighborhood Share of Cost: $4,106,688.50 Total Construction Cost: $6,994,477.00 Normal Neighborhood Cost Apportionment Number of Lots: 34 Total Number of Potential Dwelling Units: 472 Neighborhood Share of Cost Per Dwelling Unit: $8,700.61 Improvements/upgrades to fast Main Street from Clay Street to Tolman Creek Road -The estimated construction cost estimate for this section of street is as follows, Option 1- Relocating Power Lines Overhead - Construction Cost Estimate - $1,489,482 Option 2 - Place Power Lines Underground -Construction Cost Estimate - $1,606,272 Total Construction Cost Estimate Summary-The following is a summary of all estimated construction costs per option. Option 1- Relocate Power Lines Overhead East Main Street from Walker Avenue to Clay Street: $4,470,765 East Main Street from Clay Street to Tolman Creek Road: $1,489,482 Subtotal: $5,960,247 Normal Avenue Railroad Crossing: $1,316,253 Total Cost Option 1: $7,276,500 Option 2 - Place Power Lines Underground East Main Street from Walker Avenue to Clay Street: $5,678,224 East Main Street from Clay Street to Tolman Creek Road: $1,606,272 Subtotal: $7,284,496 Normal Avenue Railroad Crossing: $1,316,253 Total Cost Option 2: $8,600,749 RECOMMENDATIONS: It is our recommendation that Option 2 be utilized for this project. Even though the price is higher, it will be more difficult and unsightly to reposition the overhead power lines. I believe that safe could be compromised because the proposed street cross-section puts the curb very close to the right-of-way line and therefore the power lines, which is potentially dangerous for drivers. Also, maintenance will be much better if the power is underground. Furthermore, Land Use ordinance 18.4.6.090 requires electric, communication, and related utilities to be placed underground except where existing physical constraints, such as geologic conditions, streams, or existing development conditions make underground placement impractical. In the Case of doing substantial work on East Main Street it seems that under-grounding them is practical. Attached Exhibits: Reimbursement District - Potential Units Per Lot Pr?c)~F;9 Apportionment of Costs- Option 1 ~aviAi fc~ ~Oy Apportionment of Costs - Option 2 10419 f Construction Cost Estimate East Main Street - Walker Ave. to Clay Street, Normal Avenue RR Crossing - Options 1 and 2 , U.,EG JN rr Construction Cost Estimate - East Main Street-Clay Street to Tolman 1a Creek Road -Options land 2 Normal Neighborhood Plan Draft - February 2015 Normal Neighborhood Plan Street Network Plan=s!,~!:t-3,,-IS Normal Neighborhood Plan Potential Unit Count 3/2014 CITY OF ASHLAND NORMAL NEIGHBORHOOD REIMBURSEMENT DISTRICT -POTENTIAL UNITS PER LOT Prepared by: Hardey Engineering & Associates, Inc. Date: 26-Mar-15 Rev: 9-Apr-15 Number Map Number Tax Lot Number No. of Potential Units 1 39 1E 10 1300 4 2 39 1E 10 1400 0 3 39 1E 10 1500 4 4 39 1E 10 1700 50 5 39 1E 10 1800 1 6 39 1E 10 1900 0 7 39 1E 10 2000 0 8 39 1E 10 2100 0 9 39 1E 10 2200 1 10 39 1E 10 2300 3 11 39 1E 10 2400 1 12 39 1E 10 2500 49 13 39 1E 10 2600 30 14 39 1E 10 2800 3 15 39 1E 10 2900 5 16 39 1E 10 3000 5 17 391E 10 3100 7 18 39 1E 10 3200 4 19 39 1E 10 3300 7 20 39 1E 10 3400 4 21 39 1E 10DA 3100 14 22 39 1E 10DA 3300 30 23 39 1E 10DA 3400 0 24 39 1E 10DA 3500 32 25 39 1E 10DA 3600 15 26 39 1E 10DD 700 27 27 39 1E 10DD 800 2 28 39 1E 10DD 1000 15 29 39 1E 10DD 1100 40 30 39 1E 11C 3600 0 31 39 1E 11C 3601 36 32 39 1E 11C 3602 33 33 39 1E11CB 3600 50 34 39 1E 11CB 3700 0 TOTAL UNITS: 472 P:\Sdskproj\038-24-15\CONSTRUCTION MANAGEMENT\Estimates\ Normal District Composition Hardey Engineering Associates, Inc 4/9/2015 CITY OF ASHLAND - NORMAL NEIGHBORHOOD REIMBURSEMENT DISTRICT Apportionment of Costs - East Main Street - Walker Ave. to Clay St. - Option 1(Relocate Power) City Participation 50% SDC For: Street Construction Sanitary Sewer Storm Sewer 0% SDC For: Right of Way Acquisition Power Relocation Waterline East Main Total Cost: $4,470,765.00 Less Right of Way Costs: ($319,100.00) Less Power Relocation Costs: ($265,000.00) Less Waterline Costs: ($324,400.00) Adjusted Total: $3,562,265.00 Less 50% SDC Participation: $1,781,132.50 City Share (SDC): $1,781,132.50 Reimbursement Share: $2,689,632.50 Normal Ave. Railroad Crossing - Total Cost: $1,316,253.00 Less Right of Way Casts: ($310,400.00) Adjusted Total: $1,005,853.00 Less 50% SDC Participation: $502,926.50 City Share (SDC): $502,926.50 Reimbursement Share: $813,326.50 Combined Costs - East Main and Normal Ave. RR Crossing City Share - East Main: $1,781,132.50 City Share - Normal RR Xing: $502,926.50 Total: $2,284,059.00 Reimbursement Share - East Main: $2,689,632.50 Reimbursement Share - Normal RR Xing: $813,326.50 Total: $3,502,959.00 1 Of 2 Hardey Engineering Associates, Inc. 4/9/2015 Assessment Per Lot - Option 1 Date: 26-Mar-15 Rev: 9-Apr-15 No. of Potential Reimbursement Number Map Number Tax Lot Number Dwelling Units Share Per Lot 1 39 1E 10 1300 4 $29,686.09 2 39 1E 10 1400 0 $0.00 3 39 1E 10 1500 4 $29,686.09 4 39 1E 10 1700 50 $371,076.17 5 39 1E 10 1800 1 $7,421.52 6 39 1E 10 1900 0 $0.00 7 39 1E 10 2000 0 $0.00 8 39 lE 10 2100 0 $0.00 9 39 1E 10 2200 1 $7,421.52 10 39 1E 10 2300 3 $22,264.57 11 39 1E 10 2400 1 $7,421.52 12 39 1E 10 2500 49 $363,654.64 13 39 1E 10 2600 30 $222,645.70 14 39 1E 10 2800 3 $22,264.57 15 39 1E 10 2900 5 $37,107.62 16 39 1E 10 3000 5 $37,107.62 17 39 1E 10 3100 7 $51,950.66 18 39 1E 10 3200 4 $29,686.09 19 39 1E 10 3300 7 $51,950.66 20 39 1E 10 3400 4 $29,686.09 21 39 1E 10DA 3100 14 $103,901.33 22 39 1E 10DA 3300 30 $222,645.70 23 391E 10DA 3400 0 $0.00 24 39 lE 10DA 3500 32 $237,488.75 25 39 1E 10DA 3600 15 $111,322.85 26 39 1E 1ODD 700 27 $200,381.13 27 39 1E 10DD 800 2 $14,843.05 28 39 lE TODD 1000 15 $111,322.85 29 39 1E 1ODD 1100 40 $296,860.93 30 39 1E 11C 3600 0 $0.00 31 39 1E 11C 3601 36 $267,174.84 32 39 1E 11C 3602 33 $244,910.27 33 39 1E 11CB 3600 50 $371,076.17 34 39 1E 11CB 3700 0 $0.00 TOTAL UNITS: 472 $3,502,959.00 COST PER UNIT: $7,421.52 2 Of 2 Hardey Engineering Associates, Inc. 4/9/2015 CITY OF ASHLAND - NORMAL NEIGHBORHOOD REIMBURSEMENT DISTRICT Apportionment of Costs - East Main Street - Walker Ave. to Clay St. - Option 2 (Underground Power) City Participation 50%SDC For: Street Construction Sanitary Sewer Storm Sewer 0% SDC For: Right of Way Acquisition Power Relocation Waterline East Main Total Cost: $5,678,224.00 Less Right of Way Costs: ($319,100.00) Less Power Relocation Costs: ($265,000.00) Less Waterline Costs: ($324,400.00) Adjusted Total: $4,769,724.00 Less 50% SDC Participation: $2,384,862.00 City Share (SDC): $2,384,862.00 Reimbursement Share: $3,293,362.00 Normal Ave. Railroad Crossing - Total Cost: $1,316,253.00 Less Right of Way Costs: ($310,400.00) Adjusted Total: $1,005,853.00 Less 50% SDC Participation: $502,926.50 City Share (SDC): $502,926.50 Reimbursement Share: $813,326.50 Combined Costs - East Main and Normal Ave. RR Crossing City Share - East Main: $2,384,862.00 City Share - Normal RR Xing: $502,926.50 Total: $2,887,788.50 Reimbursement Share - East Main: $3,293,362.00 Reimbursement Share - Normal RR Xing: $813.326.50 Total: $4,106,688.50 1 Of 2 Hardey Engineering Associates, Inc. 4/9/2015 Assessment Per Lot - Option 2 Date: 26-Mar-15 Rev: 9-Apr-15 No. of Potential Reimbursement Number Map Number Tax Lot Number Dwelling Units Share Per Lot 1 39 1E 10 1300 4 $34,802.44 2 39 1E 10 1400 0 $0,00 3 39 1E 10 1500 4 $34,802.44 4 39 1E 10 1700 50 $435,030.56 5 39 1E 10 1800 1 $8,700.61 6 39 1E 10 1900 0 -$0.00 7 39 1E 10 2000 0 $0.00 8 39 1E 10 2100 0 $0.00 9 39 1E 10 2200 1 $8,700.61 10 39 1E 10 2300 3 $26,101.83 11 39 lE 10 2400 1 $8,700.61 12 39 1E 10 2500 49 $426,329.95 13 39 1E 10 2600 30 $261,018.34 14 39 1E 10 2800 3 $26,101.83 15 39 lE 10 2900 5 $43,503.06 16 39 1E 10 3000 5 $43,503.06 17 39 lE 10 3100 7 $60,904.28 18 39 1E 10 3200 4 $34,802.44 19 39 1E 10 3300 7 $60,904.28 20 391E 10 3400 4 $34,802.44 21 39 1E 10DA 3100 14 $121,808.56 22 39 lE 10DA 3300 30 $261,018.34 23 39 1E 10DA 3400 0 $0.00 24 39 1E 10DA 3500 32 $278,419.56 25 39 1E 10DA 3600 15 $130,509.17 26 39 1E 1ODD 700 27 $234,916.50 27 39 1E 10DD 800 2 $17,401.22 28 39 1E 10DD 1000 15 $130,509.17 29 39 1E TODD 1100 40 $348,024.45 30 39 lE 11C 3600 0 $0.00 31 39 lE 11C 3601 36 $313,222.00 32 39 1E 11C 3602 33 $287,120.17 33 39 1E 11CB 3600 50 $435,030.56 34 391E 11CB 3700 0 $0.00 TOTAL UNITS: 472 $4,106,688.50 COST PER UNIT: $8,700.61 2 Of 2 Hardey Engineering Associates, Inc. 4/9/2015 OPTION I CONSTRUCTION COST ESTIMATE FORM PREPARED BY HARDEY ENGINEERING & ASSOC. INC. OPTION NO. 1 (RELOCATE POWER) PROJECT NAME: East Main St., Walker Ave. to Clay St KIND OF WORK LENGTH ESTIMATE PREPARER ITEPA UNIT AMOUNT UNIT TOTAL COST MOBILIZATION AND TRAFFIC CONTROL MOBILIZATION LS 10.00% $213,951 TEMPORARY PROTECTION AND DIRECTION OF TRAFFIC LS 5.00% $101,886 EROSION AND SEDIMENT CONTROL EROSION CONTROL LS 1.00% $19,784 ROADWORK CONSTRUCTION SURVEY WORK LS 2.00% $39,568 REMOVAL OF STRUCTURES AND OBSTRUCTIONS LS $20,000 $20,000 REMOVAL OF CURBS FOOT $6 $0 REMOVAL OF GUARDRAIL FOOT $4 $0 REMOVAL OF PIPES FOOT 490 $12 $5,880 REMOVAL OFSURFACINGS SQYD 100 $10 $1,000 REMOVAL OF WALKS AND DRIVEWAYS SQYD 390 $10 $3,900 CLEARING AND GRUBBING ACRE 4.5 $5,060 $22,770 GENERAL EXCAVATION CUYD 6000 $15 $90,000 EMBANKMENT IN PLACE CUYD $11 $0 12 INCH SUBGRADE STABILIZATION SQYD $13 $0 24 INCH SUBGRADE STABILIZATION SQYD 7000 $24 $168,000 12 INCH SURFACING STABILIZATION SQYD $20 $0 24 INCH SURFACING STABILIZATION SQYD $31 $0 WATERING MGAL $18 $0 SUBGRADEGEOTEXTILE SQYD 8500 $1 $8,500 LOOSE RIPRAP, CLASS 100 CUYD 60 $45 $2,700 DRAINAGE AND SEWERS 36 INCH CULVERT PIPE, 5 FT DEPTH FOOT 140 $85 $11,900 12 INCH STORM SEWER PIPE, 5 FT DEPTH FOOT 760 $46 $34,960 1 a INCH STORM SEWER PIPE. 5 FT DEPTH FOOT 690 $50 $34,500 24 INCH STORM SEWER PIPE, 5 FT DEPTH FOOT 990 $62 $61,380 36 INCH STORM SEWER PIPE, 10 FT DEPTH FOOT $80 $0 48 INCH STORM SEWER PIPE, 10 FT DEPTH FOOT $180 $0 CONCRETE STORM SEWER MANHOLES EACH 10 $2,800 $28,000 CONCRETE INLETS, TYPE CG-2 EACH 20 $1,250 $25,000 12' x 4' STRUCTURAL PLATE ARCH FOOT 160 $500 $80,000 MSE HEAD 8 END WALLS SQFT 800 $15 $12,000 IRRIGATION STRUCTURE EACH 2 $3,000 $6,000 UTILITY PIPE SLEEVES LIN FT $30 $0 B' SANITARY SEWER PIPE, 5' DEPTH LIN FT 2600 $35 $91,000 48' SANITARY MANHOLES EACH 15 $2,500 $37,500 4' SERVICE LATERALS LIN FT 300 $15 $4,500 12" MINUS RIVER RUN ROCK C.Y. 100 $40 $4,000 'BRIDGES BRIDGES EACH $0 TEMP BRIDGE EACH $0 BRIDGE REMOVAL EACH $0 CONSTRUCTION COST ESTIMATE FORM PREPARED BY HARDEY ENGINEERING & ASSOC. INC. OPTION NO. 9 (RELOCATE POWER) PROJECT NAME: East Main St, Walker Ave. to Clay St KIND OF WORK LENGTH ESTIMATE PREPARER ITEM UNIT AMOUNT UNIT TOTAL COST END PANELS EACH $0 BASES COLD PLANE PAVEMENT REMOVAL, 0 - 21NCH DEEP SOYD $4 $0 COLD PLANE PAVEMENT REMOVAL, 2 INCH DEEP SOYD $3 $0 AGGREGATE BASE TON 4900 $18 $88,200 AGGREGATE SHOULDERS TON 240 $17 $4,080 WEARING SURFACES ASPHALT IN TACK COAT TON $420 $0 LEVEL 2,1/2 INCH DENSE MHMAC TON $75 $0 LEVEL 3,1/2 INCH DENSE MHMAC TON 2800 $85 $238,000 ASPHALT WALKS SOYD $4 $0 CRACK SEALING FOOT $18 $0 EXTRA FOR ASPHALT APPROACHES EACH 12 $500 $6,000 REINFORCED CONCRETE PAVEMENT SOYD $110 $0 REINFORCED CONCRETE DRIVEWAYS SOYD $110 $0 ASPHALT DRIVEWAY APPROACH SOFT 1500 $4 $6,000 CONCRETE CURBS FOOT $18 $0 CURB AND GUTTER CONCRETE CURBS FOOT 7000 $12 $84,000 CONCRETE WALKS SOFT 17200 $5.0 $86,000 CONCRETE DRIVEWAY APRONS SOFT 3900 $8 $31,200 PAVEMENTCUTTING LIN FT 6400 $4 $25,600 PERMANENT TRAFFIC CONTROL ARID GUIDANCE DEVICES GUARDRAIL, TYPE 2A FOOT $20 $0 GUARDRAIL, TYPE 3 FOOT $50 $0 GUARDRAIL, TYPE 4 FOOT $60 $0 GUARDRAIL ANCHORS, TYPE1 EACH $680 $0 GUARDRAIL END PIECES, TYPE B EACH $85 $0 GUARDRAIL TRANSITION EACH $2,250 $0 GUARDRAIL TERMINALS, NON-FLARED EACH $2,550 $0 GUARDRAIL TERMINALS, FLARED EACH $2,250 $0 ADJUSTING GUARDRAIL FOOT $5 $0 CONCRETE BARRIER FOOT $51 $0 CONCRETE BARRIER, TALL FOOT $60 $0 DELINEATORS, TYPE1 EACH $37 $0 MILEPOST MARKER POSTS EACH $63 $0 PAVEMENT LEGEND, TYPE 0: ARROWS EACH 8 $260.00 $2,080 PAVEMENT LEGEND, TYPE D: "SCHOOL CROSSING" EACH 1 $650.00 $650 PAVEMENT LEGEND, TYPE D: RAILROAD CROSSING MARKINGS EACH $650.00 SO PAVEMENT LEGEND, TYPE D: BICYCLE LANE SYMBOLS EACH 25 $138.00 $3,450 PAVEMENT LEGEND, TYPE 0: "BIKE RAILROAD" EACH $200,00 $0 PAVEMENT LINE, TYPE D SOFT $7.00 $0 MONO-DIRECTIONAL CRYSTAL TYPE I MARKERS EACH $3.60 $0 BI-DIRECTIONAL YELLOW TYPE I MARKERS EACH $3.60 $0 BI-DIRECTIONAL YELLOW TYPE I MARKERS, RECESSED EACH $8 $0 PAINTED PERMANENT PAVEMENT STRIPING FOOT 14000 $0.15 $2,100 THERMOPLASTIC, PROFILE. 90 MIL, EXTRUDED FOOT $2.00 $0 CONSTRUCTION COST ESTIMATE FORM PREPARED BY HARDEY ENGINEERING & ASSOC. INC. OPTION NO.9 (RELOCATE POWER) PROJECT NAME: East Main St., Walker Ave, to Clay St. KIND OF WORK LENGTH ESTIMATE PREPARER ITEM UNIT AMOUNT UNIT TOTAL COST RUMBLE STRIPS MILE $1,700 SO PERMANENT TRAFFIC CONTROL AND ILLUMINATION SYSTEMS PERMANENT SIGNS LS 1.00% $18,875 INTERPRETIVE PANELS AND DECORATIVE HARDSCAPE FEATURES LS $32,000 $ O LOOP DETECTORS INSTALLATION EACH $1,000 SO TRAFFIC SIGNAL INSTALLATION EACH $125,000 $0 INTERCONNECT SYSTEM LS $O STREET LIGHTS SINGLE - INCLUDING CONECTIONS, WIRING, CONDUIT EACH 8 $9,000 $72,000 STREET LIGHTS MULTIPLE -INCLUDING CONECTIONS, WIRING, CONDUIT EACH $14,000 $O ILLUMINATION $0 RIGHT-OF-WAY DEVELOPMENT AND CONTROL PERMANENT SEEDING, MIX NO. 1 ACRE 3 $5,000 $15,000 SINGLE MAILBOX SUPPORTS EACH $250 $O MULTIPLE MAILBOX SUPPORTS EACH 5 $300 $1,500 ENVIRONMENTAL MITIGATION SITES 1 $0 $0 FENCING LIN FT 3430 $25 $85,750 LANDSCAPING LS 1 $65,000 $65,000 WATER SUPPLY SYSTEMS 1 $0 $0 16" DIP WITH CLASS - B BACKFILL FOOT 3360 $85 $285,600 FIRE HYDRANT ASSEMBLY EACH 6 $4,000 $24,000 16"GATE VALVE EACH 3 $3,000 $9,000 6" GATE VALVE EACH 4 $1,200 $4,800 CONNECT TO CITY WATER SYSTEM (WALKER) LS 1 $1,000 $1,000 RELOCATE POWER TRANSMISSION LINE (CITY) LS 1 $65,000 $65,000 RELOCATE POWER TRANSMISSION LINE (PP&L) LS 1 $200,000 $200,000 CONSTRUCTION SUBTOTAL $2,553,578 For EM ects Develo ed b Consultants: - AC BONUS Or STATISTICAL BONUS 5.0% $11,900 CONSULTANT PRELIMINARY ENGINEERING" 25.0% $641,368 CONSULTANT CONSTRUCTION ENGINEERING 17.0% $434,108 CONTINGENCIES 20.0% $510,715 PUBLIC INVOLVEMENT/ANNOUNCEMENTS $0 BID SUBTOTAL $4,151,665 RIGHT OF WAY ESTIMATE (process only, add cost of land FILES 24 $7,500 $180,000 RIGHT OF WAY ACQUISITION LS 1 $28,000 $28,000 EASEMENTS LS 1 $111,100 $4,470,765 ~Al NORMAL AVE. RAILROAD CROSSING AGENCY CITY OF ASHLAND KIND OF WORK LENGTH ESTIMATOR DATE STREET IMPROVEMENTS 1019114 fli=~l#' SpEc# ITENpESCRIPIIOId IfNIT GuA Y. 71JFtiTPIR" _ rAt -----200.- EMP-ORARY FEAT) IRES.ANDAQPURTENANCES- 210 MOBILIZATION LS 1 10% $69,500 225 TEMPORARY WORK ZONE TRAFFIC CONTROL, COMPLETE LS 1 $3,000 $3,00 280 EROSION AND SEDIMENT CONTROL LS 1 $1,500 $1,500 300 ROADWORK 305 CONSTRUCTION SURVEY WORK LS 1 $10,000 $10,000 310 REMOVAL OF STRUCTURES AND OBSTRUCTIONS LS 1 $5,000 $5,000 350 SUBGRADEGEOTEXrILE SY 4000 $2 $8,000 600 BASES 641 SUBBASE TN 1400 $15 $21,000 641 314 INCH - 0 AGGREGATE BASE (4" DEPTH) TN 560 $24 $13,44 641 4 INCH- 0 AGGREGATE BASE (6" DEPTH) TN 820 $16 $13,120 --7OV--WEARING-SURPACES--- - 744 LEVEL 2, 112 INCH DENSE MHMAC TON 585 $110 $64,350 759 CONCRETE CURBS LF 1440 $25 $36,000 759 CONCRETE WALKS SF 8650 $6 $51,900 N/A RAILROAD CONSTRUCTION LS 1 $400,000 $400,000 _--CONSTRUCTION SUBTOTM_----_---- ROW ACQUISITION (PRIVATE) SF 28000 $10 $280,000 ROW ACQUISITION (CITY) SF 3800 $8 $30,400 RAILROAD PERMITTING LS 1 $100,000 $100,000 CONTINGENCY (30%) LS 1 $209,043 $209,043 1 of 1 10/9/2014 j~y cwt I F a i IVA, yet Ff A f 'x M a +#+9 °;tfzr `3~ x ; tv Olt, ~ ~ t ;yam Vitt+'~ f ~ ~ t 7 y PAN A - W t OPTiO N 2 CONSTRUCTION COST ESTIMATE FORM PREPARED BY HARDEY ENGINEERING & ASSOC. INC. OPTION NO.2 (UNDERGROUND POWER) PROJECT NAME: East Main SL, Walker Ave. to Clay St. KIND OF WORK LENGTH ESTIMATE PREPARER ITEM UNIT AMOUNT UNIT TOTAL COST MOBILIZATION AND TRAFFIC CONTROL MOBILIZATION LS 10,00%1 $254,447 TEMPORARY PROTECTION AND DIRECTION OF TRAFFIC LS 5.00% $121,165 EROSION AND SEDIMENT CONTROL EROSION CONTROL LS 1.00% $23,527 ROADWORK CONSTRUCTION SURVEY WORK LS 2.00% $47,055 REMOVAL OF STRUCTURES AND OBSTRUCTIONS LS $20,000 $20,000 REMOVAL OF CURBS FOOT $6 $0 REMOVAL OF GUARDRAIL FOOT $4 $0 REMOVAL OF PIPES FOOT 490 $12 $5,880 REMOVAL OF SURFACINGS SQYD 100 $10 $1,000 REMOVAL OF WALKS AND DRIVEWAYS SQYD 390 $10 $3,900 CLEARING AND GRUBBING ACRE 4.5 $5,060 $22,770 GENERAL EXCAVATION CUYD 6000 $15 $90,000 EMBANKMENT IN PLACE CUYD $11 $0 12 INCH SUBGRADE STABILIZATION SQYD $13 $0 24 INCH SUBGRADE STABILIZATION SQYD 7000 $24 $168,000 12 INCH SURFACING STABILIZATION SQYD $20 $0 24 INCH SURFACING STABILIZATION SQYD $31 $0 WATERING MGAL $18 $0 SUBGRADE GEOTEXTILE SQYD 8500 $1 $8,500 LOOSE RIPRAP, CLASS 100 CUYD 60 $45 $2,700 DRAINAGE AND SEWERS 36 INCH CULVERT PIPE, 5 FT DEPTH FOOT 140 $85 $11,900 12 INCH STORM SEWER PIPE, 5 FT DEPTH FOOT 760 $46 $34,960 18 INCH STORM SEWER PIPE, 5 FT DEPTH FOOT 690 $50 $34,500 24 INCH STORM SEWER PIPE, 5 FT DEPTH FOOT 990 $62 $61,380 38 INCH STORM SEWER PIPE, 10 FT DEPTH FOOT $80 $O 48 INCH STORM SEWER PIPE, 10 FT DEPTH FOOT $180 $0 CONCRETE STORM SEWER MANHOLES EACH 10 $2,800 $28,000 CONCRETE INLETS, TYPE CG-2 EACH 20 $1,250 $25,000 12' x 4' STRUCTURAL PLATE ARCH FOOT 160 $500 $80,000 MSE HEAD & END WALLS SOFT 800 $15 $12,000 IRRIGATION STRUCTURE EACH 2 $3,000 $6,000 UTILITY PIPE SLEEVES LIN FT $30 $0 8" SANITARY SEWER PIPE, 5' DEPTH LIN FT 2600 $35 $91,000 48' SANITARY MANHOLES EACH 15 $2,500 $37,500 4" SERVICE LATERALS LIN FT 300 $15 $4,500 12" MINUS RIVER RUN ROCK C.Y. 100 $40 $4,000 BRIDGES BRIDGES EACH $0 TEMP BRIDGE EACH $0 BRIDGE REMOVAL EACH $0 CONSTRUCTION COST ESTIMATE FORM PREPARED BY HARDEY ENGINEERING & ASSOC. INC. OPTION NO. 2 (UNDERGROUND POWER) PROJECT NAME: East Main St., Walker Ave. to Clay St. KIND OF WORK LENGTH ESTIMATE PREPARER ITEM UNIT AMOUNT UNIT TOTAL COST END PANELS EACH $0 BASES COLD PLANE PAVEMENT REMOVAL, 0 - 2 INCH DEEP SQYD $4 $0 COLD PLANE PAVEMENT REMOVAL, 2 INCH DEEP SQYD $3 50 AGGREGATE BASE TON 4900 $18 $88,200 AGGREGATE SHOULDERS TON 240 $17 $4,080 WEARING SURFACES ASPHALT IN TACK COAT TON $420 $O LEVEL 2.1/2 INCH DENSE MHMAC TON $75 $0 LEVEL 3,1/2 INCH DENSE MHMAC TON 2800 $85 $238,000 ASPHALT WALKS SQYD $4 $0 CRACK SEALING FOOT $18 $0 EXTRA FOR ASPHALT APPROACHES EACH 12 $500 $6,000 REINFORCED CONCRETE PAVEMENT SQYD $110 $0 REINFORCED CONCRETE DRIVEWAYS SQYD $110 $0 ASPHALT DRIVEWAY APPROACH SOFT 1500 $4 $6,000 CONCRETE CURBS FOOT $18 $0 CURB AND GUTTER CONCRETE CURBS FOOT 7000 $12 $84,000 CONCRETE WALKS SOFT 17200 $5.0 $86,000 CONCRETE DRIVEWAY APRONS SOFT 3900 $B $31,200 PAVEMENT CUTTING LIN FT 6400 $4 $25,600 PERMANENT TRAFFIC CONTROL AND GUIDANCE DEVICES GUARDRAIL, TYPE 2A FOOT $20 $0 GUARDRAIL, TYPE 3 FOOT $50 $0 GUARDRAIL, TYPE 4 FOOT $60 $0 GUARDRAIL ANCHORS, TYPE 1 EACH $680 $0 GUARDRAIL END PIECES, TYPE B EACH $85 $0 GUARDRAIL TRANSITION EACH $2,250 $0 GUARDRAIL TERMINALS, NON-FLARED EACH $2,550 $0 GUARDRAIL TERMINALS, FLARED EACH $2,250 $0 ADJUSTING GUARDRAIL FOOT $5 $0 CONCRETE BARRIER FOOT $51 $0 CONCRETE BARRIER, TALL FOOT $60 $0 DELINEATORS, TYPEI EACH $37 $0 MILEPOST MARKER POSTS EACH $63 $0 PAVEMENT LEGEND. TYPE D: ARROWS EACH $ $260.00 $2,080 PAVEMENT LEGEND, TYPE D: "SCHOOL CROSSING" EACH 1 $650.00 $650 PAVEMENT LEGEND, TYPE D: RAILROAD CROSSING MARKINGS EACH $650.00 $0 PAVEMENT LEGEND, TYPE D: BICYCLE LANE SYMBOLS EACH 25 $138.00 $3,450 PAVEMENT LEGEND, TYPE D: "BIKE RAILROAD" EACH $200.00 $0 PAVEMENT LINE, TYPE D SOFT $7.00 $0 MONO-DIRECTIONAL CRYSTAL TYPE I MARKERS EACH $3.60 $0 BI-DIRECTIONAL YELLOW TYPE I MARKERS EACH $3.60 $0 B1-DIRECTIONAL YELLOW TYPE 1 MARKERS, RECESSED EACH $8 $0 PAINTED PERMANENT PAVEMENT STRIPING FOOT 14000 $0.15 $2,100 THERMOPLASTIC, PROFILE, 90 MIL, EXTRUDED FOOT $2.00 $0 CONSTRUCTION COST ESTIMATE FORM PREPARED BY HARDEY ENGINEERING & ASSOC. INC. OPTION NO. 2 (UNDERGROUND POWER) PROJECT NAME: East Main St„ Walker Ave. to Clay St. KIND OF WORK LENGTH ESTIMATE PREPARER ITEM UNIT AMOUNT UNIT TOTAL COST RUMBLE STRIPS MILE $1,700 $0 PERMANENT TRAFFIC CONTROL AND ILLUMINATION SYSTEMS PERMANENT SIGNS LS 1.00%a $22,225 INTERPRETIVE PANELS AND DECORATIVE HARDSCAPE FEATURES LS $32,000 $0 LOOP DETECTORS INSTALLATION EACH $1,000 $O TRAFFIC SIGNAL INSTALLATION EACH $125,000 $0 INTERCONNECT SYSTEM LS $0 STREET LIGHTS SINGLE - INCLUDING CONECTIONS, WIRING, CONDUIT EACH 12 $9,000 $108,000 STREET LIGHTS MULTIPLE - INCLUDING CONECTIONS, WIRING, CONDUIT EACH $14,000 $0 ILLUMINATION $0 RIGHT-OF-WAY DEVELOPMENT AND CONTROL PERMANENT SEEDING, MIX NO. 1 ACRE 3 $5,000 $15,000 SINGLE MAILBOX SUPPORTS EACH $250 $O MULTIPLE MAILBOX SUPPORTS EACH 5 $300 $1,500 ENVIRONMENTAL MITIGATION SITES 1 $0 $0 FENCING LIN FT 3430 $25 $85,750 LANDSCAPING LS 1 $65,000 $65,000 WATER SUPPLY SYSTEMS 1 $0 $0 16" DIP WITH CLASS - B BACKFILL FOOT 3360 $85 $285,600 FIRE HYDRANT ASSEMBLY EACH 6 $4,000 $24,000 16" GATE VALVE EACH 3 $3,000 $9,000 8" GATE VALVE EACH 4 $1,200 $4,800 CONNECT TO CITY WATER SYSTEM (WALKER) LS 1 $1,000 $1,000 UNDERGROUND POWER TRANSMISSION LINE (CITY) LS 1 $400,000 $400,000 UNDERGROUND POWER TRANSMISSION LINE (PP&L) LS 1 $500,000 $500,000 CONSTRUCTION SUBTOTAL $3,298,919 f For Pro acts Developed b Consultants: AC BONUS Or STATISTICAL BONUS 5.0% $11,900 CONSULTANT PRELIMINARY ENGINEERING" 25.0% $827,705 CONSULTANT CONSTRUCTION ENGINEERING 17.0010 $560,816 CONTINGENCIES 20.0% $659,784 PUBLIC INVOLVEMENT/ANNOUNCEMENTS $O BID SUBTOTAL $6,359,1 24 RIGHT OF WAY ESTIMATE (process only, add cost of land FILES 24 $7,500 $180,000 RIGHT OF WAY ACQUISITION LS 1 $28,000 EASEMENTS LS 1 $111100 $5 678 224 NORMAL AVE. RAILROAD CROSSING AGENCY CITY OF ASHLAND ND OF WORK LENGTH ESTIMATOR DATE STREET IMPROVEMENTS 1019/14 ~TfNli SPECS : ,IT.EMOESC"TION lfNR QUANTf91f UNIT.PRIGE TOTAL 2D-_T!EhW_OPdRY_fEATmRES.AND OI-PIIRTENMM& - 210 MOBILIZATION LS 1 10% $69,50 225 TEMPORARY WORK ZONE TRAFFIC CONTROL, COMPLETE LS 1 $3,000 $3,0 280 EROSION AND SEDIMENT CONTROL LS 1 $1,500 $1,500 300 ROADWORK 305 CONSTRUCTION SURVEY WORK LS 1 $10,000 $10,00 310 REMOVAL OF STRUCTURES AND OBSTRUCTIONS LS 1 $5,000 $5,00 350 SUBGRADE GEOTEXTILE SY 4000 $2 $8,000 600 BASES 641 SUBBASE TN 1400 $15 $21,00 641 314 INCH - 0 AGGREGATE BASE (4" DEPTH) TN 560 $24 $13,440 641 4 INCH - 0 AGGREGATE BASE (6" DEPTH) TN 820 $16 $13,120 ------70 ACES------ - 744 LEVEL 2,1/2 INCH DENSE MHMAC TON 585 $110 $64,35 759 CONCRETE CURBS LF 1440 $25 $36,000 759 CONCRETE WALKS SF 8650 $6 $51,900 N/A RAILROAD CONSTRUCTION Ls 1 $400,000 $400,0001 ROWACQUISITION(PRIVATE) SF 28000 $10 $280,000 ROW ACQUISITION (CITY) SF 3800 $8 $30,400 RAILROAD PERMITTING LS 1 $100,000 $100,000 CONTINGENCY (30%) L5 1 $209,043 $209,04 TOTAC------- --~~~-316353b0 1 Of 1 10/9/2014 yr .•L~ ' . ~ ~f11~ e r ~ * ; 10• - of p _ - f llttF { _ U`I" 4G - RTp - 4c _ 4 N- t t . ii PLAN Ytiy %PTION I CONSTRUCTION COST ESTIMATE FORM PREPARED BY HARDEY ENGINEERING & ASSOC. INC. OPTION NO.1 (RELOCATE POWER) PROJECT NAME: East Main St-Clay St to Tolman Crook Rd KIND OF WORK LENGTH ESTIMATE PREPARER ITEM UNIT AMOUNT UNIT TOTAL COST MOBILIZATION AND TRAFFIC CONTROL MOBILIZATION LS 10.00% $65,665 TEMPORARY PROTECTION AND DIRECTION OF TRAFFIC LS 5.00% $31,269 EROSION AND SEDIMENT CONTROL EROSION CONTROL LS 1.00% $6,072 ROADWORK CONSTRUCTION SURVEY WORK LS 2.00% $12,143 REMOVAL OF STRUCTURES AND OBSTRUCTIONS LS 10,000 $1 $10,000 REMOVAL OF CURBS FOOT 100 $6 $600 REMOVAL OF GUARDRAIL FOOT 200 $4 $800 REMOVAL OF PIPES FOOT 100 $12 $1,200 REMOVAL OF SURFACINGS SQYD 50 $10 $500 REMOVAL OF WALKS AND DRIVEWAYS SQYD 150 $10 $1,500 CLEARING AND GRUBBING ACRE 0.7 $5,060 $3,542 GENERAL EXCAVATION CUYD 3000 $15 $45,000 EMBANKMENT IN PLACE CUYD $11 $0 12 INCH SUBGRADE STABILIZATION SQYD $13 $0 24 INCH SUBGRADE STABILIZATION SQYD 200 $24 $4,800 12 INCH SURFACING STABILIZATION SQYD $20 $0 24 INCH SURFACING STABILIZATION SOYD $31 $0 WATERING MGAL $18 $0 SUBGRADEGEOTEXTILE SOYD 3500 $1 $3,500 LOOSE RIPRAP, CLASS 100 ICUY'D 10 $45 $450 DRAINAGE AND SEWERS 36 INCH CULVERT PIPE, 5 FT DEPTH FOOT 80 $85 $6,800 12 INCH STORM SEWER PIPE, 5 FT DEPTH FOOT 300 $46 $13,800 18 INCH STORM SEWER PIPE, 5 FT DEPTH FOOT 650 $50 $32,500 24 INCH STORM SEWER PIPE, 5 FT DEPTH FOOT 990 $62 $61,380 36 INCH STORM SEWER PIPE, 10 FT DEPTH FOOT $80 $0 48 INCH STORM SEWER PIPE, 10 FT DEPTH FOOT $180 $0 CONCRETE STORM SEWER MANHOLES EACH 3 $2,800 $8,400 CONCRETE INLETS, TYPE CG-2 EACH 8 $1,250 $10,000 12'x 4' STRUCTURAL PLATE ARCH FOOT $500 $0 MSE HEAD & END WALLS SQFT 200 $15 $3,000 IRRIGATION STRUCTURE EACH $3,000 $0 UTILITY PIPE SLEEVES LIN FT $30 $0 8" SANITARY SEWER PIPE, 5' DEPTH LIN FT $35 $0 48" SANITARY MANHOLES EACH $2,500 $0 4" SERVICE LATERALS LIN FT $15 $0 12" MINUS RIVER RUN ROCK C.Y• $40 $0 MAJOR ADJUSTMENT OF MANHOLES (EACH 6' $7001 $4,200 BRIDGES BRIDGES EACH $0 TEMP BRIDGE EACH $0 BRIDGE REMOVAL EACH $0 CONSTRUCTION COST ESTIMATE FORM PREPARED BY HARDEY ENGINEERING & ASSOC. INC. OPTION NO. 1 (RELOCATE POWER) PROJECT NAME: East Main St-Clay St to Tolman Creek Rd KIND OF WORK LENGTH ESTIMATE PREPARER ITEM UNIT AMOUNT UNIT TOTAL COST END PANELS EACH $0 BASES COLD PLANE PAVEMENT REMOVAL, 0 - 2 INCH DEEP SQYD 1000 $4 $4,000 COLD PLANE PAVEMENT REMOVAL, 2 INCH DEEP SQYD $3 $O AGGREGATE BASE TON 1200 $18 $21,600 AGGREGATE SHOULDERS TON 150 $17 $2,550 WEARING SURFACES ASPHALT IN TACK COAT TON $420 $0 LEVEL 2,1/2 INCH DENSE MHMAC TON $75 $0 LEVEL 3,1/2 INCH DENSE MHMAC TON 720 $85 $61,200 ASPHALT WALKS SQYD $4 $O CRACK SEALING FOOT $18 $0 EXTRA FOR ASPHALT APPROACHES EACH 4 $500 $2,000 REINFORCED CONCRETE PAVEMENT SQYD $110 $0 REINFORCED CONCRETE DRIVEWAYS SQYD $110 $0 ASPHALT DRIVEWAY APPROACH SOFT $4 $0 CONCRETE CURBS FOOT $18 $0 CURB AND GUTTER CONCRETE CURBS FOOT 1600 $12 $19,200 CONCRETE WALKS SOFT 9300 $5 $46,500 CONCRETE DRIVEWAYS SOFT 420 $8 $3,360 PAVEMENTCUTTING LIN FT 1600 $4 $6,400 PERMANENT TRAFFIC CONTROL AND GUIDANCE DEVICES GUARDRAIL, TYPE 2A FOOT 300 $20 $6,000 GUARDRAIL, TYPE 3 FOOT $50 $0 GUARDRAIL, TYPE4 FOOT $60 $0 GUARDRAIL ANCHORS, TYPE1 EACH $680 $680 GUARDRAIL END PIECES, TYPE B EACH 1 $85 $85 GUARDRAIL TRANSITION EACH 1 $2,250 $2,250 GUARDRAIL TERMINALS, NON-FLARED EACH $2,550 $0 GUARDRAIL TERMINALS, FLARED EACH $2,250 $0 ADJUSTING GUARDRAIL FOOT $5 $0 CONCRETE BARRIER FOOT $51 $0 CONCRETE BARRIER, TALL FOOT $60 $O DELINEATORS, TYPE 1 EACH $37 $0 MILEPOST MARKER POSTS EACH $63 $0 PAVEMENT LEGEND, TYPE D: ARROWS EACH 6 $260 $1,560 PAVEMENT LEGEND, TYPE D: "SCHOOL CROSSING" EACH $650 $0 PAVEMENT LEGEND, TYPE D: RAILROAD CROSSING MARKINGS EACH $650 $0 PAVEMENT LEGEND, TYPE D: BICYCLE LANE SYMBOLS EACH 6 $138 $828 PAVEMENT LEGEND, TYPE D: "BIKE RAILROAD" EACH $200 $0 PAVEMENT LINE, TYPE D SOFT $7.00 $0 MONO-DIRECTIONAL CRYSTAL TYPE 1 MARKERS EACH $3.60 $0 BI-DIRECTIONAL YELLOW TYPE I MARKERS EACH $3.60 $0 Bt-DIRECTIONAL YELLOW TYPE 1 MARKERS, RECESSED EACH $8 $0 PAINTED PERMANENT PAVEMENT STRIPING FOOT 3800 $0.15 $570 THERMOPLASTIC, PROFILE, 90 MIL, EXTRUDED FOOT $2 $0 CONSTRUCTION COST ESTIMATE FORM PREPARED BY HARDEY ENGINEERING & ASSOC. INC. OPTION NO. 1 (RELOCATE POWER) PROJECT NAME. East Main St-Clay St to Tolman Creek Rd KIND OF WORK LENGTH ESTIMATE PREPARER ITEM UNIT AMOUNT UNIT TOTAL COST RUMBLE STRIPS MILE $1,700 $0 PERMANENT TRAFFIC CONTROL AND ILLUMINATION SYSTEMS PERMANENT SIGNS LS 1.00% $5,744 INTERPRETIVE PANELS AND DECORATIVE HARDSCAPE FEATURES LS $32,000 $0 LOOP DETECTORS INSTALLATION EACH $1,000 $0 TRAFFIC SIGNAL INSTALLATION EACH $125,000 $0 INTERCONNECT SYSTEM LS $0 STREET LIGHTS SINGLE - INCLUDING CONECTIONS, WIRING, CONDUIT EACH 3 $9,000 $27,000 STREET LIGHTS MULTIPLE - INCLUDING CONECTIONS, WIRING, CONDUIT EACH $14,000 $0 ILLUMINATION $0 RIGHT-OF-WAY DEVELOPMENT AND CONTROL PERMANENT SEEDING, MIX NO. 1 ACRE 0.70 $5,000 $3,500 SINGLE MAILBOX SUPPORTS EACH $250 $0 MULTIPLE MAILBOX SUPPORTS EACH 1 $300 $300 ENVIRONMENTAL MITIGATION SITES 1 $0 $0 FENCING LIN FT 900 $25 $22,500 LANDSCAPING LS 1 $34,470 $34,470 WATER SUPPLY SYSTEMS 1W DIP WITH CLASS- B BACKFILL FOOT 900 $65 $76,500 FIRE HYDRANT ASSEMBLY EACH 1 $4,000 $4,000 16" GATE VALVE EACH 1 $3,000 $3,000 8" GATE VALVE EACH 2 $1,200 $2,400 CONNECT TO CITY WATER SYSTEM (WALKER) LS 2 $1,000 $2,000 RELOCATE POWER TRANSMISSION LINE (CITY) LS 1 $35,000 $35,000 RELOCATE POWER TRANSMISSION LINE (PP&L) LS 1 $100,000 $100,000 CONSTRUCTION SUBTOTAL $822 399 ForPro'ects DeKeLo sd b Consukants: _ AC BONUS Or STATISTICAL BONUS 5.0% $3,060 CONSULTANT PRELIMINARY ENGINEERING* 25.0% $206,345 CONSULTANT CONSTRUCTION ENGINEERING 17.0% .$+139 794 CONTINGENCIES 20.0% $164,464 PUBLIC INVOLVEMENT/ANNOUNCEMENTS $0 BID SUBTOTAL $1,335,982 RIGHT OF WAY ESTIMATE (process only, add cost of land FILES 7 $7,500 $52,500 RIGHT OF WAY ACQUISITION LS 1 $ . $25,000 EASEMENTS LS 1 $76,000 TOTAL $1 489 482 ®F75TI®N 2 CONSTRUCTION COST" ESTIMATE FORM PREPARED BY HARDEY ENGINEERING & ASSOC. INC. OPTION NO. 2 (UNDERGROUND POWER) PROJECT NAME: East Main St.-Clay St. to Tolman Crook Rd. KIND OF WORTS LENGTH ESTIMATE PREPARER ITEM UNIT AMOUNT UNIT TOTAL COST MOBILIZATION AND TRAFFIC CONTROL MOBILIZATION LS 10.00% $72,219 TEMPORARY PROTECTION AND DIRECTION OF TRAFFIC LS 5.00% $34,390 EROSION AND SEDIMENT CONTROL EROSION CONTROL LS 1.00% $6,678 ROADWORK CONSTRUCTION SURVEY WORK LS 2.00% $13,355 REMOVAL OF STRUCTURES AND OBSTRUCTIONS LS 10,000 $1 $10,000 REMOVAL OF CURBS FOOT 100 $6 $600 REMOVAL OF GUARDRAIL FOOT 200 $4 $800 REMOVAL OF PIPES FOOT 100 $12 $1,200 REMOVAL OFSURFACINGS SQYD 50 $10 $500 REMOVAL OF WALKS AND DRIVEWAYS SQYD 150 $10 $1,500 CLEARING AND GRUBBING ACRE 0.7 $5,060 $3,542 GENERAL EXCAVATION CUYD 3000 $15 $45,000 EMBANKMENT IN PLACE CUYD $11 $0 12 INCH SUBGRADE STABILIZATION SQYD $13 $0 24 INCH SUBGRADE STABILIZATION SQYD 200 $24 $4,800 12 INCH SURFACING STABILIZATION SQYD $20 $0 24 INCH SURFACING STABILIZATION SQYD $31 $0 WATERING MGAL $18 $0 SUBGRADE GEOTEXTILE SQYD 3500 $1 $3,500 LOOSE RIPRAP, CLASS 100 CUYD 10 $45 $450 DRAINAGE AND SEWERS 36 INCH CULVERT PIPE, 5 FT DEPTH FOOT 80 $85 $6,800 12 INCH STORM SEWER PIPE, 5 FT DEPTH FOOT 300 $46 $13,800 18 INCH STORM SEWER PIPE, 5 FT DEPTH FOOT 650 $50 $32,500 24 INCH STORM SEWER PIPE, 5 FT DEPTH FOOT 990 $62 $61,380 36 INCH STORM SEWER PIPE, 10 FT DEPTH FOOT $80 $0 46 INCH STORM SEWER PIPE, 10 FT DEPTH FOOT $180 $0 CONCRETE STORM SEWER MANHOLES EACH 3 $2,800 $8,400 CONCRETE INLETS, TYPE CG-2 EACH 8 $1,250 $10,000 12'x 4' STRUCTURAL PLATE ARCH FOOT $500 $0 MSE HEAD & END WALLS SOFT 200 $15 $3,000 IRRIGATION STRUCTURE EACH $3,000 $0 UTILITY PIPE SLEEVES LIN FT $30 $0 8' SANITARY SEWER PIPE, 5- DEPTH LIN FT $35 $0 48' SANITARY MANHOLES EACH $2,500 $0 4' SERVICE LATERALS LIN FT $15 $0 12" MINUS RIVER RUN ROCK C.Y. $40 $0 MAJOR ADJUSTMENT OF MANHOLES J EACH 1 6 $700 $4,200 BRIDGES BRIDGES EACH $0 TEMP BRIDGE EACH $0 BRIDGE REMOVAL EACH $0 CONSTRUCTION COST ESTIMATE FORM PREPARED BY HARDEY ENGINEERING & ASSOC. INC. OPT10M NO. 2 (UNDERGROUND POWER) PROJECT NAME: East Main St-Clay St to Tolman Crook Rd. KIND OF WORK LENGTH ESTIMATE PREPARER ITEM UNIT AMOUNT UNIT TOTAL COST END PANELS EACH $0 GASES COLD PLANE PAVEMENT REMOVAL, 0 - 2 INCH DEEP SQYD 1000 $4 $4,000 COLD PLANE PAVEMENT REMOVAL, 2 INCH DEEP SQYD $3 $0 AGGREGATE BASE TON 1200 $18 $21,600 AGGREGATE SHOULDERS TON 150 $17 $2,550 WEARING SURFACES ASPHALT IN TACK COAT TON $420 $0 LEVEL 2,1/2 INCH DENSE MHMAC TON $75 $0 LEVEL 3.1/2 INCH DENSE MHMAC TON 720 $85 $61,200 ASPHALT WALKS SQYD $4 $0 CRACK SEALING FOOT $18 $0 EXTRA FOR ASPHALT APPROACHES EACH 4 $500 $2,000 REINFORCED CONCRETE PAVEMENT SQYD $110 $0 REINFORCED CONCRETE DRIVEWAYS SQYD $110 $0 ASPHALT DRIVEWAY APPROACH SOFT $4 $0 CONCRETE CURBS FOOT $18 $0 CURB AND GUTTER CONCRETE CURBS FOOT 1600 $12 $19,200 CONCRETE WALKS SOFT 9300 $5 $46,500 CONCRETE DRIVEWAYS SOFT 420 $8 $3,360 PAVEMENT CUTTING LIN FT 1600 $4 $6,400 PERMANENT TRAFFIC CONTROL AND GUIDANCE DEVICES GUARDRAIL, TYPE 2A FOOT 300 $20 $6,000 GUARDRAIL, TYPE3 FOOT $50 $0 GUARDRAIL, TYPE 4 FOOT $60 $0 GUARDRAIL ANCHORS, TYPE1 EACH 1 $680 $680 GUARDRAIL END PIECES, TYPE B EACH 1 $85 $85 GUARDRAIL TRANSITION EACH 1 $2,250 $2,250 GUARDRAIL TERMINALS, NON-FLARED EACH $2,550 $0 GUARDRAIL TERMINALS, FLARED EACH $2,250 $0 ADJUSTING GUARDRAIL FOOT $5 $0 CONCRETE BARRIER FOOT $51 $0 CONCRETE BARRIER, TALL FOOT $60 $0 DELINEATORS, TYPE 1 EACH $37 $0 MILEPOST MARKER POSTS EACH $63 $0 PAVEMENT LEGEND, TYPE D: ARROWS EACH 6 $260 $1,560 PAVEMENT LEGEND, TYPE D: "SCHOOL CROSSING" EACH $650 $0 PAVEMENT LEGEND, TYPE D: RAILROAD CROSSING MARKINGS EACH $650 $0 PAVEMENT LEGEND, TYPE D: BICYCLE LANE SYMBOLS EACH 6 $138 $828 PAVEMENT LEGEND, TYPE D: "BIKE RAILROAD" EACH $200 $0 PAVEMENT LINE. TYPE D SOFT $7.00 $O MONO-DIRECTIONAL CRYSTAL TYPE I MARKERS EACH $3.60 $0 BI-DIRECTIONAL YELLOW TYPE I MARKERS EACH $3.60 $0 BI-DIRECTIONAL YELLOW TYPE I MARKERS, RECESSED EACH $8 $0 PAINTED PERMANENT PAVEMENT STRIPING FOOT 3800 $0.15 $570 THERMOPLASTIC, PROFILE, 90 MIL, EXTRUDED FOOT $2 $0 CONSTRUCTION COST ESTIMATE FORM PREPARED BY HARDEY ENGINEERING & ASSOC. INC, OPTION 00.2 (UNDERGROUND POWER) PROJECT NAME: East Main St.-Clay SL to Tolman Creels Rd. KIND OF WORK LENGTH ESTIMATE PREPARER ITEM UNIT AMOUNT UNIT TOTAL COST RUMBLE STRIPS MILE $1,700 $0 PERMANENT TRAFFIC CONTROL AND ILLUMINATION SYSTEMS PERMANENT SIGNS LS 1.00% $6,344 INTERPRETIVE PANELS AND DECORATIVE HARDSCAPE FEATURES LS $32,000 $O LOOP DETECTORS INSTALLATION EACH $1,000 $0 TRAFFIC SIGNAL INSTALLATION EACH $125,000 $0 INTERCONNECT SYSTEM LS $0 STREET LIGHTS SINGLE - INCLUDING CONECTIONS, WIRING, CONDUIT EACH 3 $9,000 $27,000 STREET LIGHTS MULTIPLE - INCLUDING CONECTIONS, WIRING, CONDUIT EACH $14,000 $0 ILLUMINATION $0 RIGHT-OF-WAY DEVELOPMENT AND CONTROL PERMANENT SEEDING, MIX NO. 1 ACRE 0.70 $5,000 $3,500 SINGLE MAILBOX SUPPORTS EACH $250 $0 MULTIPLE MAILBOX SUPPORTS EACH 1 $300 $300 ENVIRONMENTAL MITIGATION SITES $0 $0 FENCING LIN FT 900 $25 $22,500 LANDSCAPING LS 1 $34,470 $34,470 WATER SUPPLY SYSTEMS 16" DIP WITH CLASS - B 13ACKFILL FOOT 900 $85 $76,500 FIRE HYDRANT ASSEMBLY EACH 1 $4,000 $4,000 16" GATE VALVE EACH 1 $3,000 $3,000 8" GATE VALVE EACH 2 $1,200 $2,400 CONNECT TO CITY WATER SYSTEM EACH 2 $1,000 $2,000 UNDERGROUND POWER TRANSMISSION LINE (CITY) LS 1 $95,000 $95,000 UNDERGROUND POWER TRANSMISSION LINE (PPBL) LS 1 $100,000 $100,000 CONSTRUCTION SUBTOTAL $894,412 For Projects De"Lo ed b Consultants: AC BONUS Or STATISTICAL BONUS 5.0% $3,060 CONSULTANT PRELIMINARY ENGINEERING* 25.0% $224,368 CONSULTANT CONSTRUCTION ENGINEERING 17.0% $152,050 CONTINGENCIES 20.0% $178,882 PUBLIC INVOLVEMENT/ANNOUNCEMENTS $0 BID SUBTOTAL $1,452,772 RIGHT OF WAY ESTIMATE (process only, acid cost of land FILES 7 $7,500 $52,500 RIGHT OF WAY ACQUISITION LS 1 $25,000 EASEMENTS LS 1 $76,000 TOTAL $1,606,272, r tn ',.~'yia►'ltlrt~ ~s~r~~• garr j~ 3 ~ Zoning NN-1-5 NN-1-3.5 NN-1 -3.5-C • # NN -2 open Space t ~ . `mot 11 +y}y} ; ! Road Classifications neigborhood collector: sy I I ® local street •.--t -----><-----L ma~~a:® shared street r , path Normal (Neighborhood Plan Draft e February 2015 0 200 400 800 Feet m i r' a a~®nta~u arYeunmu®ei . a a Is a■1all aaaaaaIt aaaan - 0 1-11 a 10 Iv Road •oss ~ ea ' . Classifications neigborhood collector { local street shared street - • - - • • multi-use path Normal Neighborhood Plan Street Network Map 0 200 400 800 Feet o° 4 16 qb° 06 .0 3 g 1 122 , ,L4r Q 22- 0 ~°0 1 j" ' 'hrICI - 2 10. 14 p 26 { 4~ p 0, 14 0 5 5 a ii)r6, 36 50 Zgr~:? 14 4 14 0 L~ $ E 5 7 > 2iN^ o- 4 a 7 30, i 32 sot Zoning s4 NN-1-5 2 , NN-1-3.5 d 40 ; J4 NN-1-3.5-C NN-2 f o I Open space Road Classifications r~ Oneigborhood collector; local street r CCL;;'CG ~ shared street oao1 path E, i(( fSIBLAMROCKTTV { I' If Normal Neighborhood Working Plan Estimated Future Dwelling Unit Potential 'total - 472 0 200 400 800 Feet s f f 2 I g } I } 1 3 q ~ O ~ i AIu - 6L }I ~ ~ D7 U) NNy a NZ m° Cn 0 ' { rtmirE~r~ - m F O Ar~ F OZ 9 S_ z a zo mn uNE om z z z cn c m M z b a=a~, ~ m € r_' I g=:t k 1F n- ~ sm ~ ~ sF S a~ -ni m m ' 1 m Oi J ~ 3 g i3U - ~ ~ ~Ypo ~ 7 y' S - ~ ~ e ~QC N a 5 Executive Summary Normal Neighborhood Reimbursement District Offsite Infrastructure Construction Cost Estimate and Apportionment of Costs Updated April 27, 2015- Reduced East Main Street Improvements City of Ashland, Oregon INTRODUCTION. As part of the development of the Normal Neighborhood Plan, certain offsite street and utility improvements/upgrades are needed. The City is proposing to develop said improvements in participation with properties in the Normal Neighborhood. The offsite improvements addressed by this study are: 1. Street and utility improvements/upgrades to East Main Street from Walker Avenue to Clay Street. 2. Improvements to the Normal Avenue railroad crossing at the south end of the neighborhood. OBJECTIVE: The objective of this study is to: 1. Determine the cost to make said improvements noted above. 2. Determine an equitable method for all parties to participate in construction of said improvements. BACKGROUND: The "Normal Neighborhood" is located in the eastern area of Ashland, bounded roughly by East Main Street on the north, the Siskiyou Railroad on the south, Ashland Middle School on the west, and Wingspread Mobile Home Park, Creek Drive, and Clay Street on the east. The neighborhood consists of 34 lots with a total of 472 potential dwelling units under the scenario being considered in the Normal Neighborhood Plan. Under the existing Comprehensive Plan the area would accommodate approximately 550 dwelling units. It is anticipated that the costs of improvements be apportioned to new dwelling units only (i.e. with issuance of a building permit through an advanced financing district), not the existing 23 homes in the project area. The potential dwelling unit count was provided by the City Planning Department Staff. Street and utility improvement costs to upgrade East Main Street to current City of Ashland standards were estimated based on current improvement costs. East Main Street in this area typically consists of approximately 31 feet wide asphaltic concrete pavement roadway with two travel lanes and two bike lanes. The street right of way is 60 feet. April 27. 2015 Executive Summary - Normal Neighborhood Reimbursement District Hardey Engineering & Associates. Inc. EAST MAIM IMPROVEMENT SUMMARY: General Conditions In an effort to reduce the cost of the off-site improvements, the limits of the East Main Street reconstruction was reduced to a 500 feet total length, centered on the proposed intersection of Normal Avenue and East Main Street. The revised estimate is for a 500 foot long street section containing 2-6 foot wide bike lanes, 2-10 foot wide travel lanes, and 1-11.5 foot wide turning lane with curb and gutter on both the north and south sides. The use of curb and gutter is necessary to control surface run-off along the street; eliminate the need for parallel drainage ditches along both sides of the street and to provide a safer travel surface for bicycles as well as for vehicles. The original plan for East Main Street was for a modified half street section in that there are no provisions for sidewalk or parkrows on the north side of the street. The north sidewalk and parkrow would be constructed along with any future development of north side properties. The 500 foot section would be constructed as previously proposed with a 43.5 foot width from the face of curb on the south side to the face of curb on the north side. A six foot wide concrete sidewalk would be constructed on the south side with a 7 foot wide parkrow/bioswale constructed between the curb and the sidewalk. An additional 250 foot long street section would be constructed on the east and west ends of the fully improved street section to accommodate lane tapers. This section would not require curbs or sidewalks but would necessitate some extensions of the storm sewer to accommodate the extra street width. Sidewalks Sidewalks would be constructed on the south side of the street. There are two options to be considered regarding the limits of the sidewalk to be constructed. One option is to construct sidewalks only within the 500 foot fully improved section. The other option is to construct sidewalk along the entire street length from Tolman Creek Road to Walker Ave. Estimates have been prepared for both of the following options: Option No. 1 This option would construct sidewalks only within the fully improved 500 foot street section. The remainder of the walk would be completed in the future when E. Main Street is fully improved. This option would be far less costly but would provide no pedestrian connectivity. Option No. 2 The second option would provide a continuous sidewalk along the south side of East Main from Tolman Creek Road to Walker Avenue. This option would provide several immediate benefits including: 1. Providing pedestrian connectivity to the westerly section of East Main Street, to Walker Avenue, Clay Street and Tolman Creek Road all of which have existing sidewalk systems. 2. Provide a safe route to school for students at Ashland Middle School, John Muir School, Walker School and Willow Wind School. 3. Provide additional street width for a full width bike lane on the south side of the street. Apri1217. 2015 Executive Summary - Normal Neighborhood Reimbursement District Hardeg Engineering & Associates, Inc. 2 Unfortunately, due in part to the nature of the topography and existing developments along East Main Street, the construction of sidewalks triggers several additional elements of street construction, adding significant costs to the project. The following improvements would also be required to construct a continuous sidewalk: 1. A storm sewer system would be required to eliminate the existing large drainage ditch on the south side of the street. 2. Curb and gutter would also be required to control and channel storm run-off into the storm sewer system, through a series of curb inlets and manholes. 3. Additional street width would be required so that the curb and storm sewer would be in the proper position to accommodate the future street construction. 4. A minor amount of right of way would be required to accommodate the extra width. To limit the amount of street width required, the sidewalk could be placed behind and adjacent to the curb, temporarily eliminating the proposed 7 foot wide parkrow. Since this would be a temporary sidewalk it could be constructed of asphalt rather than concrete to further reduce the cost. When the full street improvements are installed in the future, the asphalt sidewalk would be removed and the parkrow installed in its location. The final 6 foot wide concrete sidewalk would be installed at the edge of the parkrow, 7 feet from the curb. Power Lines Currently there are overhead power lines located on both sides of the street. The lines located on the south side of the street belong to the City of Ashland while the lines on the north side are owned by Pacific Power. Both lines are main 600 amp feeders and both power lines would need to be relocated to accommodate the proposed improvements. In keeping with the City of Ashland requirements, these two power lines should be reconstructed underground. To bury high voltage power lines of this type requires some oversized and very specialized equipment. To accommodate this equipment, additional utility easements along the entire length of the construction area will be needed. It is recommended that both power lines be undergrounded for the full length of the study area, from Tolman Creek Road to Walker Avenue. This recommendation is reflected in the attached estimates. Water and Sewer Lines As the Normal area develops, it will be necessary to install water and sewer lines in East Main Street to provide services for the 500 anticipated units within the neighborhood area. It will be necessary to install approximately 2600 feet of 8 inch sewer line and approximately 3400 feet of 16 inch water line, however, only 1000 feet of water and sewer lines are included in this estimate. This length of sewer and water would be installed within the improved section of street to eliminate the need to cut the surface of the newly constructed street in the future. The remaining lengths of sewer and water lines will be installed in the future with the full improvement of East Main Street. April 27, 2015 Executive Summary - Normal Neighborhood Reimbursement District Hardey Engineering & Associates, Inc. 3 Storm Sewer Under option no. 2, the entire south side storm system will be constructed including curb inlets, manholes and future pipe connections. With option no. 1, only approximately 700 feet of storm sewer would be required. Rail Crossing The Normal Avenue rail crossing improvement costs were estimated by RH2 Engineers, earlier in the process, Normal Avenue is proposed to be realigned with a new at grade signalized railroad crossing. The new realigned section of road would be approximately 720 feet long and consist of two travel lanes, two bicycle lanes, and six foot (6') wide sidewalks on both sides. The improvements will require acquisition of right of way which is included in the construction cost estimate. COST ALLOCATION The City will participate in the cost of improvements to the following extent: 1. 50% SDC Participation for: a. Street Construction, b. Sanitary Sewer Construction, and c. Storm Sewer Construction 2. 0% Participation for: a. Right of Way Acquisition b. Power Relocation c. Waterline Construction Also included in the construction cost estimates are Engineering, and Contingencies estimated at 62% of the construction cost. As discussed earlier, the construction cost estimates are based on spring, 2015 costs. Adjustments to future cost estimates should be inflated based on the applicable Construction Cost Index rates for this area. These usually range between 2-3% per year. CONCLUSION (Summary of Findings): The estimated construction cost estimates for each option and the apportionment of costs of same are noted below. Option 1- Improvements/upgrades to a 500 foot section of East Main Street, and the Normal Avenue Railroad Crossing Construction Cost City Share of Construction Cost (SDC): $1,326,984.50 Normal Neighborhood Share of Cost: $2,941,484.50 Total Construction Cost: $4,268,469.00 Normal Neighborhood Cost Apportionment: Number of Lots: 34 Total Number of Potential Dwelling Units: 472 Neighborhood Share of Cost Per Dwelling Unit: $6,231.96 April 27. 2015 Executive Summary- Normal Neighborhood Reimbursement District Hardey Engineering & Associates, Inc. 4 Option 2 - Improvements/upgrades to a 500 foot section of East Main Street plus a continuous sidewalk from Tolman to Walker, and the Normal Avenue Railroad Crossing Construction Cost City Share of Construction Cost (SDC): $2,098,944.00 Normal Neighborhood Share of Cost: $3,713,444.00 Total Construction Cost: $5,812,388.00 Normal Neighborhood Cost Apportionment Number of Lots: 34 Total Number of Potential Dwelling Units: 472 Neighborhood Share of Cost Per Dwelling Unit: $7,867.47 RECOMMENDATIONS: The attached construction cost estimate and supporting documentation are based upon the improvement/reconstruction of a 500 foot long section of East Main Street centered at the proposed intersection of Normal Avenue. Two options are provided based upon the length of sidewalk to be constructed. Option No. 1 is limited to the 500 feet of sidewalk included within the street improvement section. Option No. 2 adds an additional 3500 feet of sidewalk which would provide a continuous walk from Tolman Creek Road to Walker Avenue. While much of the work for the two options is the same, such as easement and right-of-way acquisition, power line costs, and utility costs, the second option adds $1,543,919 worth of sidewalk, curbs, storm drains and extra street width to the project. HEA, Inc. makes no recommendation regarding the choice of the two options. There are some benefits in bicycle and pedestrian safety and convenience with option no. 2; however these same benefits will be realized when the street is ultimately built out. The question as to whether this extra sidewalk length should be added upfront and included in the financing district is best answered by city officials. Attached Exhibits: Reimbursement District- Potential Units Per Lot Apportionment of Costs - Option 1 Apportionment of Costs - Option 2 Construction Cost Estimate - East Main Street - 500 ft. section plus Normal Avenue RR Crossing - Options 1 and 2 Normal Neighborhood Plan Draft - February 2015 Normal Neighborhood Plan Street Network Plan ~~So ppo Normal Neighborhood Plan Potential Unit Count 3/2014 cr~NGINP, . r. J 104J14 i } OREGON ✓~FC 14~ HPv a~;~_;vaL: G-3 April 27, 2015 Executive Summary - Normal Neighborhood Reimbursement District Hardey Engineering & Associates, Inc. 5 CITY OF ASHLAND NORMAL NEIGHBORHOOD REIMBURSEMENT DISTRICT -POTENTIAL UNITS PER LOT Prepared by: Hardey Engineering & Associates, Inc. Date: 26-Mar-15 Rev: 27-Apr-15 Number flap number -Tax Lot Number fro. of Potential Units 1 39 1E 10 1300 4 2 39 1E 10 1400 0 3 39 1E 10 1500 4 4 39 1E 10 1700 50 5 39 1E 10 1800 1 6 39 1E 10 1900 0 7 39 1E 10 2000 0 8 391E 10 2100 0 9 39 1E 10 2200 1 10 39 1E 10 2300 3 11 39 1E 10 2400 1 12 391E 10 2500 49 13 391E 10 2600 30 14 39 1E 10 2800 3 15 39 1E 10 2900 5 16 39 lE 10 3000 5 17 391E 10 3100 7 18 39 lE 10 3200 4 19 39 lE 10 3300 7 20 391E 10 3400 4 21 391E 10DA 3100 14 22 391E 10DA 3300 30 23 39 1E 10DA 3400 0 24 39 1E10DA 3500 32 25 39 1E 10DA 3600 15 26 39 1E 10DD 700 27 27 39 1E 10DD 800 2 28 39 1E 10DD 1000 15 29 391E TODD 1100 40 30 391E 11C 3600 0 31 391E 11C 3601 36 32 39 1E 11C 3602 33 33 39 1E 11C13 3600 50 34 391E 11CB 3700 0 T'OT'AL UNITS: 472 https://thehardeygroup-my.sharepoint.com/personal/jhardey_hea-inc_com/Documents/Excel Files/Excel) Files/Construction Cost Estimates/ Normal District Composition Hardey Engineering Associates, Inc 4/27/2015 CITY OF ASHLAND - NORMAL NEIGHBORHOOD REIMBURSEMENT DISTRICT Apportionment of Costs - East Fain Street - 500 Foot Section - Option 1 City Participation 50% SDC For: Street Construction Sanitary Sewer Storm Sewer 0% SDC For: Right of Way Acquisition Power Relocation Waterline East Main Total Cost: $2,952,216,00 Less Right of Way Costs: ($319,100.00) Less Power Relocation Costs: ($900,000.00) Less Waterline Costs: ($85,000.00) Adjusted Total: $1,648,116.00 Less 50% SDC Participation: $824,058.00 City Share (SDC): $824,058.00 Reimbursement Share: $2,128,158.00 Normal Ave. Railroad Crossing - Total Cost: $1,316,253.00 Less Right of Way Costs: ($310,400.00) Adjusted Total: $1,005,853.00 Less 50% SDC Participation: $502,926.50 City Share (SDC): $502,926.50 Reimbursement Share: $813,326.50 Combined Costs - East Main and Normal Ave. RR Crossing City Share - East Main: $824,058.00 City Share - Normal RR king: $502,926.50 'Dotal: $1,326,984.50 Reimbursement Share - East Main: $2,128,158.00 Reimbursement Share - Normal RR Xing: $813,326.50 Total: $2,941,484.50 1 QF 2 Hardey Engineering Associates, Inc. 4/27/2015 Assessment Per Lot - Option 1 Date: 26-Mar-15 Rev: 27-Apr-15 No. of Potential Reimbursement Number Map Number Taff Lot Number Dwelling Units Share Per Lot 1 39 1E 10 1300 4 $24,927.83 2 39 1E 10 1400 0 $0.00 3 39 1E 10 1500 4 $24,927.83 4 39 1E 10 1700 50 $311,597.93 5 39 1E 10 1800 1 $6,231.96 6 39 1E 10 1900 0 $0.00 7 39 1E 10 2000 0 $0.00 8 39 1E 10 2100 0 $0.00 9 391E 10 2200 1 $6,231.96 10 39 1E 10 2300 3 $18,695.88 11 39 1E 10 2400 1 $6,231.96 12 39 1E 10 2500 49 $305,365.98 13 391E 10 2600 30 $186,958.76 14 391E 10 2800 3 $18,695.88 15 39 1E 10 2900 5 $31,159.79 16 39 1E 10 3000 5 $31,159.79 17 39 1E 10 3100 7 $43,623.71 18 39 1E 10 3200 4 $24,927.83 19 39 1E 10 3300 7 $43,623.71 20 39 1E 10 3400 4 $24,927.83 21 39 1E 10DA 3100 14 $87,247.42 22 39 1E 10DA 3300 30 $186,958.76 23 39 1E 10DA 3400 0 $0.00 24 39 1E 10DA 3500 32 $199,422.68 25 39 1E 10DA 3600 15 $93,479.38 26 39 1E 10DD 700 27 $168,262.88 27 391E 10DD 800 2 $12,463.92 28 39 1E 10DD 1000 15 $93,479.38 29 39 1E 10DD 1100 40 $249,278.35 30 39 1E 11C 3600 0 $0.00 31 39 1E 11C 3601 36 $224,350.51 32 391E 11C 3602 33 $205,654.64 33 391E 11CB 3600 50 $311,597.93 34 39 1E 11CB 3700 0 $0.00 TOTAL UNITS: 472 $2,941,484.50 COST PER UNIT: $6,231.96 20F2 Hardey Engineering Associates, Inc. 4/27/2015 CITY OF ASHLAND - NORMAL NEIGHBORHOOD REIMBURSEMENT DISTRICT Apportionment of Costs - East Main Street - 500 Foot Section Plus Sidewalk from Tolman to Walker - Option 2 City Participation 50% SDC For: Street Construction Sanitary Sewer Storm Sewer 0% SDC For: Right of Way Acquisition Power Relocation Waterline East Main Total Cost: $4,496,135.00 Less Right of Way Costs: ($319,100.00) Less Power Relocation Costs: ($900,000.00) Less Waterline Costs: ($85,000.00) Adjusted Total: $3,192,035.00 Less 50% SDC Participation: $1,596,017.50 City Share (SDC): $1,596,017.50 Reimbursement Share: $2,900,117.50 Normal Ave. Railroad Crossing - Total Cost: $1,316,253.00 Less Right of Way Costs: ($310,400.00) Adjusted Total: $1,005,853.00 Less SO%SDC Participation: $502,926.50 City Share (SDC): $502,926.50 Reimbursement Share: $813,326.50 Combined Costs - East Malin and Normal Ave. RR Crossing City Share - East Main: $1,596,017.50 City Share - Formal RR Xing: $502,926.50 Total: $2,098,944.00 Reimbursement Share - East Main: $2,900,117.50 Reimbursement Share - Normal RR Xing: $813,326.50 Total: $3,713,444.00 1 C F 2 Hardey Engineering Associates, Inc. 4/27/2015 Assessment Per Lot - Option 2 Date: 26-Mar-15 Rev: 27-Apr-15 No. of Potential Reimbursement Number Map Number Tax Lot Number Dwelling Units Share Per Lot 1 391E 10 1300 4 $31,469.86 2 391E 10 1400 0 $0.00 3 391E 10 1500 4 $31,469.86 4 391E 10 1700 SO $393,373.31 5 39 1E 10 1800 1 $7,867.47 6 39 1E 10 1900 0 $0.00 7 391E 10 2000 0 $0.00 8 39 1E 10 2100 0 $0.00 9 391E 10 2200 1 $7,867.47 10 39 lE 10 2300 3 $23,602.40 11 39 1E 10 2400 1 $7,867.47 12 391E 10 2500 49 $385,505.84 13 39 1E 10 2600 30 $236,023.98 14 391E 10 2800 3 $23,602.40 15 391E 10 2900 5 $39,337.33 16 391E 10 3000 5 $39,337.33 17 39 1E 10 3100 7 $55,072.26 18 391E 10 3200 4 $31,469.86 19 391E 10 3300 7 $55,072.26 20 39 1E 10 3400 4 $31,469.86 21 39 lE 10DA 3100 14 $110,144.53 22 391E 10DA 3300 30 $236,023.98 23 391E 10DA 3400 0 $0.00 24 39 lE 10DA 3500 32 $251,758.92 25 39 1E 10DA 3600 15 $118,011.99 26 39 1E 10DD 700 27 $212,421.58 27 39 1E 10DD 800 2 $15,734.93 28 39 1E 10DD 1000 15 $118,011.99 29 39 1E 10DD 1100 40 $314,698.64 30 39 1E 11C 3600 0 $0.00 31 391E 11C 3601 36 $283,228.78 32 391E 11C 3602 33 $259,626.38 33 391E 11CB 3600 50 $393,373.31 34 39 1E 11CB 3700 0 $0.00 TOTAL UNITS: 472 $3,713,444.00 COST PER UNIT: $7,867.47 20F2 Hardey Engineering Associates, Inc. 4/27/2015 OPTION 1 CONSTRUCTION COST ESTIMATE FORM PREPARED BY HARDEY ENGINEERING & ASSOC. INC. OPTION NO.1 (500 FET OF 6' CONCRETE SIDEWALK) PROJECT NAME: East Main St., 250 Ft E. & W. of Normal Ave KIND OF WORK LENGTH ESTIMATE PREPARER Friday, April 24, 2015 ITEM UNIT AMOUNT UNIT TOTAL COST MOBILIZATION AND TRAFFIC CONTROL MOBILIZATION LS 10.00% $102,075 TEMPORARY PROTECTION AND DIRECTION OF TRAFFIC LS 5.00% $48,607 EROSION AND SEDIMENT CONTROL EROSION CONTROL LS 1.00% $9,438 ROADWORK CONSTRUCTION SURVEY WORK LS 2.00% $18,877 REMOVAL OF STRUCTURES AND OBSTRUCTIONS LS 1 $10,000 $10,000 REMOVAL OF CURBS LF $6 $0 REMOVAL OF GUARDRAIL LF $4 $O REMOVAL OF PIPES LF 60 $12 $720 REMOVAL OFSURFACINGS SY 3400 $10 $34,000 REMOVAL OF WALKS AND DRIVEWAYS SY 130 $10 $1,300 CLEARING AND GRUBBING ACRE 0.4 $5,060 $2,024 GENERAL EXCAVATION CY 1700 $15 $25,500 EMBANKMENT IN PLACE CY $11 $0 12 INCH SUBGRADE STABILIZATION SY $13 $0 24 INCH SUBGRADE STABILIZATION SY 1000 $24 $24,000 12 INCH SURFACING STABILIZATION SY $20 $0 24 INCH SURFACING STABILIZATION SY $31 $0 WATERING MGAL $18 $O SUBGRADE GEOTEXTILE SY 1000 $1 $1,000 LOOSE RIPRAP, CLASS 100 CY 10 $45 $450 DRAINAGE AND SEWERS 36 INCH CULVERT PIPE, 5 FT DEPTH LF $85 $0 12 INCH STORM SEWER PIPE, 5 FT DEPTH LF $46 $0 18 INCH STORM SEWER PIPE, 5 FT DEPTH LF $50 $0 24 INCH STORM SEWER PIPE, 5 FT DEPTH LF 700 $62 $43,400 36 INCH STORM SEWER PIPE, 10 FT DEPTH LF $80 $0 48 INCH STORM SEWER PIPE, 10 FT DEPTH LF $180 $0 CONCRETE STORM SEWER MANHOLES EACH 2 $2,800 $5,600 CONCRETE INLETS, TYPE CG-2 EACH 4 $1,250 $5,000 12'x 4' STRUCTURAL PLATE ARCH LF 80 $500 $40,000 MSE HEAD & END WALLS SF 200 $15 $3,000 IRRIGATION STRUCTURE EACH 1 $3,000 $3,000 UTILITY PIPE SLEEVES LF $30 $0 B" SANITARY SEWER PIPE, 5' DEPTH LF 1000 $35 $35,000 48" SANITARY MANHOLES EACH 2 $2,500 $5,000 4°SERVICE LATERALS LF $15 $0 12" MINUS RIVER RUN ROCK CY 50 $40 $2,000 BRIDGES BRIDGES EACH $0 TEMP BRIDGE EACH $O BRIDGE REMOVAL EACH $O END PANELS EACH $0 CONSTRUCTION COST ESTIMATE FORM PREPARED BY HARDEY ENGINEERING & ASSOC. INC. OPTION NO. 1 (500 FET OF 6' CONCRETE SIDEWALK) PROJECT NAME: East Main St., 250 Ft E. & W. of Normal Ave KIND OF WORK LENGTH ESTIMATE PREPARER Friday, April 24, 2015 ITEM UNIT AMOUNT UNIT TOTAL COST BASES COLD PLANE PAVEMENT REMOVAL, 0 - 2 INCH DEEP SY $4 $0 COLD PLANE PAVEMENT REMOVAL, 2 INCH DEEP SY $3 $0 AGGREGATE BASE TON 3200 $18 $57.600 AGGREGATE SHOULDERS TON 150 $17 $2,550 WEARING SURFACES ASPHALT IN TACK COAT TON $420 $0 LEVEL 2,1/2 INCH DENSE MHMAC TON $75 $0 LEVEL 3,1/2 INCH DENSE MHMAC TON 780 $85 $66,300 ASPHALT WALKS SY $4 $0 CRACK SEALING LF $18 $0 EXTRA FOR ASPHALT APPROACHES EACH 6 $500 $3,000 REINFORCED CONCRETE PAVEMENT SY $110 $0 REINFORCED CONCRETE DRIVEWAYS SY $110 $0 ASPHALT DRIVEWAY APPROACH SF 200 $4 $800 CONCRETE CURBS LF $18 $0 CURB AND GUTTER CONCRETE CURBS LF 1000 $12 $12,000 CONCRETE WALKS SF 2800 $5.0 $14,000 CONCRETE DRIVEWAY APRONS SF 1000 $8 $8,000 PAVEMENT CUTTING LF 70 $4 $280 PERMANENT TRAFFIC CONTROL AND GUIDANCE DEVICES GUARDRAIL, TYPE 2A LF $20 $0 GUARDRAIL, TYPE 3 LF $50 $0 GUARDRAIL, TYPE 4 LF $60 $0 GUARDRAIL ANCHORS, TYPE 1 EACH $680 $0 GUARDRAIL END PIECES, TYPE B EACH $85 $0 GUARDRAIL TRANSITION EACH $2,250 $0 GUARDRAIL TERMINALS, NON-FLARED EACH $2,550 $0 GUARDRAIL TERMINALS, FLARED EACH $2,250 $0 ADJUSTING GUARDRAIL LF $5 $0 CONCRETE BARRIER LF $51 $0 CONCRETE BARRIER, TALL LF $60 $0 DELINEATORS, TYPE 1 EACH $37 $0 MILEPOST MARKER POSTS EACH $63 $0 PAVEMENT LEGEND, TYPE D: ARROWS EACH $260.00 $0 PAVEMENT LEGEND, TYPE D: "SCHOOL CROSSING" EACH $650.00 $0 PAVEMENT LEGEND, TYPE D: RAILROAD CROSSING MARKINGS EACH $650,00 $0 PAVEMENT LEGEND, TYPE D: BICYCLE LANE SYMBOLS EACH 4 $138.00 $552 PAVEMENT LEGEND, TYPE D: "BIKE RAILROAD" EACH $200.00 $0 PAVEMENT LINE, TYPED SF $7.00 $0 MONO-DIRECTIONAL CRYSTAL TYPE I MARKERS EACH $3.60 $0 BI-DIRECTIONAL YELLOW TYPE I MARKERS EACH $3.60 $0 BI-DIRECTIONAL YELLOW TYPE I MARKERS, RECESSED EACH $8 $0 PAINTED PERMANENT PAVEMENT STRIPING LF 3000 $0.15 $450 THERMOPLASTIC, PROFILE, 90 MIL, EXTRUDED LF $2.00 $0 RUMBLE STRIPS MILE $1,700 $0 CONSTRUCTION COST ESTIMATE FORM PREPARED BY HARDEY ENGINEERING & ASSOC. INC. OPTION NO. 1 (500 FET OF 6- CONCRETE SIDEWALK) PROJECT NAME: East Main St., 250 Ft E. & W. of Normal Ave KIND OF WORK LENGTH ESTIMATE PREPARER Friday, April 24, 2015 ITEM UNIT AMOUNT UNIT TOTAL COST PERMANENT TRAFFIC CONTROL AND ILLUMINATION SYSTEMS PERMANENTSIGNS LS 1 $1,000 $1,000 INTERPRETIVE PANELS AND DECORATIVE HARDSCAPE FEATURES LS $32,000 $0 LOOP DETECTORS INSTALLATION EACH $1,000 $0 TRAFFIC SIGNAL INSTALLATION EACH $125,000 $0 INTERCONNECT SYSTEM LS $0 STREET LIGHTS SINGLE -INCLUDING CONECTIONS, WIRING, CONDUIT EACH 2 $9,000 $18,000 STREET LIGHTS MULTIPLE - INCLUDING CONECTIONS, WIRING, CONDUIT EACH $14,000 $0 ILLUMINATION $0 RIGHT-OF-WAY DEVELOPMENT AND CONTROL PERMANENT SEEDING, MIX NO. 1 ACRE 0.20 $5,000 $1,000 SINGLE MAILBOX SUPPORTS EACH $250 $0 MULTIPLE MAILBOX SUPPORTS EACH 2 $300 $600 ENVIRONMENTAL MITIGATION SITES $0 $0 FENCING LF 700 $25 $17,500 LANDSCAPING ACRE 0.20 $65,000 $13,000 WATER SUPPLY SYSTEMS $0 $0 16" DIP WITH CLASS - B BACKFILL LF 1000 $85 $85,000 FIRE HYDRANT ASSEMBLY EACH $4,000 $0 16" GATE VALVE EACH $3,000 $0 8"GATEVALVE EACH 1 $1,200 $1,200 CONNECT TO CITY WATER SYSTEM (WALKER) LS $1,000 $0 UNDERGROUND POWER TRANSMISSION LINE (CITY) LS 1 $400,000 $400,000 UNDERGROUND POWER TRANSMISSION LINE (PP&L) LS 1 $500,000 $500,000 CONSTRUCTION SUBTOTAL $1,622,823 For Projects Developed b Consultants: AC BONUS Or STATISTICAL BONUS 5.0% $3,315 CONSULTANT PRELIMINARY ENGINEERING* 25.0% $406,534 CONSULTANT CONSTRUCTION ENGINEERING 17.0% $275,880 CONTINGENCIES 20.0% $324,565 PUBLIC INVOLVEMENT/ANNOUNCEMENTS $0 BID SUBTOTAL' $2,633,116 RIGHT OF WAY ESTIMATE (process only, add cost of land FILES 24 $f,tUUI $180,000 RIGHT OF WAY ACQUISITION LS 1 $28,000 EASEMENTS LS 1 $111,1001 $111,100 $2,952,216 OPTION 2 CONSTRUCTION COST ESTIMATE FORM PREPARED BY HARDEY ENGINEERING & ASSOC. INC. OPTION NO. 2 (CONTINUOUS ASPHALT SIDEWALK FROM WALKER TO TOLMAN CREEK) PROJECT NAME: East Main St., 250 Ft E. & W. of Normal Ave KIND OF WORK LENGTH ESTIMATE PREPARER Friday, April 24, 2015 ITEM UNIT AMOUNT UNIT TOTAL COST MOBILIZATION AND TRAFFIC CONTROL MOBILIZATION LS 10.00% $188,634 TEMPORARY PROTECTION AND DIRECTION OF TRAFFIC LS 5.00% $89,826 EROSION AND SEDIMENT CONTROL EROSION CONTROL LS 1.00% $17,442 ROADWORK CONSTRUCTION SURVEY WORK LS 2.00% $34,884 REMOVAL OF STRUCTURES AND OBSTRUCTIONS LS $15,000 $15,000 REMOVAL OF CURBS LF $6 $0 REMOVAL OF GUARDRAIL LF $4 $0 REMOVAL OF PIPES LF 400 $12 $4,800 REMOVAL OF SURFACINGS SY 3500 $10 $35,000 REMOVAL OF WALKS AND DRIVEWAYS SY 250 $10 $2,500 CLEARING AND GRUBBING ACRE 13 $5,060 $6,578 GENERAL EXCAVATION CY 4300 $15 $64,500 EMBANKMENT IN PLACE CY $11 $0 12 INCH SUBGRADE STABILIZATION BY $13 $0 24 INCH SUBGRADE STABILIZATION SY 5200 $24 $124,800 12 INCH SURFACING STABILIZATION SY $20 $0 24 INCH SURFACING STABILIZATION SY $31 $0 WATERING MGAL $18 $0 SUBGRADE GEOTEXTILE SY 4000 $1 $4,000 LOOSE RIPRAP, CLASS 100 ICY 40 $45 $1,800 DRAINAGE AND SEWERS 36 INCH CULVERT PIPE, 5 FT DEPTH LF 140 $85 $11,900 12 INCH STORM SEWER PIPE, 5 FT DEPTH LF 500 $46 $23,000 18 INCH STORM SEWER PIPE. 5 FT DEPTH LF 690 $50 $34,500 24 INCH STORM SEWER PIPE, 5 FT DEPTH LF 990 $62 $61,380 36 INCH STORM SEWER PIPE, 10 FT DEPTH LF $80 $0 48 INCH STORM SEWER PIPE, 10 FT DEPTH LF $180 $0 CONCRETE STORM SEWER MANHOLES EACH 10 $2,800 $28,000 CONCRETE INLETS, TYPE CG-2 EACH 15 $1,250 $18,750 12'x 4' STRUCTURAL PLATE ARCH LF 160 $500 $80,000 MSE HEAD & END WALLS SF 800 $15 $12,000 IRRIGATION STRUCTURE EACH 2 $3,000 $6,000 UTILITY PIPE SLEEVES LF $30 $0 B' SANITARY SEWER PIPE, F DEPTH LF 1000 $35 $35,000 48"SANITARY MANHOLES EACH 2 $2,500 $5,000 4" SERVICE LATERALS LF $15 $0 12" MINUS RIVER RUN ROCK CY 100 $40 $4,000 BRIDGES BRIDGES EACH $0 TEMP BRIDGE EACH $0 BRIDGE REMOVAL EACH $0 END PANELS EACH $0 CONSTRUCTION COST ESTIMATE FORM PREPARED BY HARDEY ENGINEERING & ASSOC. INC. OPTION No. 2 (CONTINUOUS ASPHALT SIDEWALK FROM WALKER TO TOLMAN CREEK) PROJECT NAME: East Main St., 250 Ft E. & W. of Normal Ave KIND OF WORK LENGTH ESTIMATE PREPARER Friday, April 24, 2015 ITEM UNIT AMOUNT UNIT TOTAL COST BASES COLD PLANE PAVEMENT REMOVAL, 0 - 2 INCH DEEP SY $4 $0 COLD PLANE PAVEMENT REMOVAL, 2 INCH DEEP SY $3 $0 AGGREGATEBASE TON 4500 $18 $81,000 AGGREGATE SHOULDERS TON 150 $17 $2,550 WEARING SURFACES ASPHALT IN TACK COAT TON $420 $0 LEVEL 2,1/2 INCH DENSE MHMAC TON $75 $0 LEVEL 3,112 INCH DENSE MHMAC TON 1050 $85 $89,250 ASPHALT WALKS SY 2400 $4 $9,600 CRACK SEALING LF $18 $0 EXTRA FOR ASPHALT APPROACHES EACH 10 $500 $5,000 REINFORCED CONCRETE PAVEMENT SY $110 $0 REINFORCED CONCRETE DRIVEWAYS SY $110 $0 ASPHALT DRIVEWAY APPROACH SF 1000 $4 $4,000 CONCRETE CURBS LF $18 $0 CURB AND GUTTER CONCRETE CURBS LF 3000 $12 $36,000 CONCRETE WALKS SF 2800 $5.0 $14,000 CONCRETE DRIVEWAY APRONS SF 2500 $8 $20,000 PAVEMENT CUTTING LF 3100 $4 $12,400 PERMANENT TRAFFIC CONTROL AND GUIDANCE DEVICES GUARDRAIL, TYPE 2A LF $20 $0 GUARDRAIL, TYPE 3 LF $50 $0 GUARDRAIL, TYPE4 LF $60 $0 GUARDRAIL ANCHORS, TYPE 1 EACH $680 $0 GUARDRAIL END PIECES, TYPE B EACH $85 $0 GUARDRAIL TRANSITION EACH $2,250 $0 GUARDRAIL TERMINALS, NON-FLARED EACH $2,550 $0 GUARDRAIL TERMINALS, FLARED EACH $2,250 $0 ADJUSTING GUARDRAIL LF $5 $0 CONCRETE BARRIER LF $51 $0 CONCRETE BARRIER, TALL LF $60 $0 DELINEATORS, TYPE 1 EACH $37 $0 MILEPOST MARKER POSTS EACH $63 $0 PAVEMENT LEGEND, TYPE D: ARROWS EACH $260.00 $0 PAVEMENT LEGEND, TYPE D: "SCHOOL CROSSING" EACH $650.00 $0 PAVEMENT LEGEND, TYPE D: RAILROAD CROSSING MARKINGS EACH $650.00 $0 PAVEMENT LEGEND, TYPE D: BICYCLE LANE SYMBOLS EACH 10 $138.00 $1,380 PAVEMENT LEGEND, TYPE D: "BIKE RAILROAD" EACH $200.00 $0 PAVEMENT LINE, TYPE D SF $7.00 $0 MONO-DIRECTIONAL CRYSTAL TYPE I MARKERS EACH $3.60 $0 BI-DIRECTIONAL YELLOW TYPE I MARKERS EACH $3.60 $0 BI-DIRECTIONAL YELLOW TYPE I MARKERS, RECESSED EACH $8 $0 PAINTED PERMANENT PAVEMENT STRIPING LF 6000 $0.15 $900 THERMOPLASTIC, PROFILE, 90 MIL, EXTRUDED LF $2.00 $0 RUMBLE STRIPS MILE $1,700 $0 CONSTRUCTION COST ESTIMATE FORM PREPARED BY HARDEY ENGINEERING & ASSOC. INC. OPTION NO.2 (CONTINUOUS ASPHALT SIDEWALK FROM WALKER TO TOLMAN CREEK) PROJECT NAME: East Main St., 250 Ft E. & W. of Normal Ave KIND OF WORK LENGTH ESTIMATE PREPARER Friday, April 24, 2015 ITEM UNIT AMOUNT UNIT TOTAL COST PERMANENT TRAFFIC CONTROL AND ILLUMINATION SYSTEMS PERMANENT SIGNS LS 1 $2,000 $2,000 INTERPRETIVE PANELS AND DECORATIVE HARDSCAPE FEATURES LS $32,000 $0 LOOP DETECTORS INSTALLATION EACH $1,000 $0 TRAFFIC SIGNAL INSTALLATION EACH $125,000 $0 INTERCONNECT SYSTEM LS $0 STREETLIGHTS SINGLE - INCLUDING CONECTiONS, WIRING, CONDUIT EACH 2 $9,000 $18,000 STREET LIGHTS MULTIPLE - INCLUDING CONECTIONS, WIRING, CONDUIT EACH $14,000 $0 ILLUMINATION $0 RIGHT-OF-WAY DEVELOPMENT AND CONTROL PERMANENT SEEDING, MIX NO. 1 ACRE 0.30 $5,000 $1,500 SINGLE MAILBOX SUPPORTS EACH $250 $0 MULTIPLE MAILBOX SUPPORTS EACH $300 $0 RETAINING WALL LF 700 $492 $344,400 FENCING LF 1500 $25 $37,500 LANDSCAPING LS $65,000 $0 WATER SUPPLY SYSTEMS $0 $0 16" DIP WITH CLASS - B BACKFILL LF 1000 $85 $85,000 FIRE HYDRANT ASSEMBLY EACH $4,000 $0 16" GATE VALVE EACH $3,000 $0 8" GATE VALVE EACH 1 $1,200 $1,200 CONNECT TO CITY WATER SYSTEM (WALKER) LS $1,000 $0 UNDERGROUND POWER TRANSMISSION LINE (CITY) LS 1 $400,000 $400,000 UNDERGROUND POWER TRANSMISSION LINE (PP&L) LS 1 $500,000 $500,000 CONSTRUCTION SUBTOTAL $2,574,973 For Projects Developed b Consultants: AC BONUS Or STATISTICAL BONUS 5.0% $4,463 CONSULTANT PRELIMINARY ENGINEERING* 25.0% $644,859 CONSULTANT CONSTRUCTION ENGINEERING 17.0% $437,745 CONTINGENCIES 20.0% $514,995 PUBLIC INVOLVEMENT/ANNOUNCEMENTS $0 BID SUBTOTAL $4,177,035 RIGHT OF WAY ESTIMATE (process only, add cost of land FILES 24 $7,500 $180,000 RIGHT OF WAY ACQUISITION LS 1 2 0 $28,000 EASEMENTS LS 1 111,1 $111,100 $4,496,135 NORMAL AVE. RAILROAD CROSSING AGENCY CITY OF ASHLAND KIND OF NfORK LENGTH ESTIMATOR DATE STREET IMPROVEMENTS 1019114 , sFC 1T)~INAESCflIPTION uNiT gliAi(T~iY: W~TFRI~iE :TOTAL .----2W- TEMPDRARY_FEATLRES/3NII APPURTENANCES. - 210 MOBILIZATION LS 1 10% $69,500 225 TEMPORARY WORK ZONE TRAFFIC CONTROL, COMPLETE LS 1 $3,000 $3,000 280 EROSION AND SEDIMENT CONTROL LS 1 $1,500 $1,500 300 ROADWORK 305 CONS TRUCTIONSURVEY WORK LS 1 $10,000 $10,000 310 REMOVAL OF STRUCTURES AND OBSTRUCTIONS LS 1 $5,000 $5,00 350 SUBGRADE GEOTEXTILE SY 4000 $2 $8,000 600 BASES 641 SUBBASE TN 1400 $15 $21,000 641 314 INCH - 0 AGGREGATE BASE (4' DEPTH) TN 560 $24 $13,440 641 4 INCH - 0 AGGREGATE BASE (6" DEPTH) TN 820 $16 $13,120 ------70 ACE5`-_ - - - - - 744 LEVEL 2, 112 INCH DENSE MHMAC TON 585 $110 $64,350 759 CONCRETE CURBS LF 1440 $25 $36,000 759 CONCRETE WALKS SF 8650 $6 $51,900 N/A RAILROAD CONSTRUCTION LS 1 $400,000 $400,000 - - - ---------OONSTRUCTIO1GI~IIBTOTAI - - - 38;8'C . ROW ACQUISITION (PRIVATE) SF 28000 $10 $280,000 ROW ACQUISITION (CITY) SF 3800 $8 $30,400 RAILROAD PERMITTING Ls 1 $100,000 $100,000 CONTINGENCY (30°.0) LS 1 $209,043 $209,043 1 of 1 1019/2014 c , Fl: ~ a y~ f t ~ 1 .kd t f. * i , r" op, i ~ L Y t ~ N Vt~ a'`r i _Ti 1 ■ t J r( •.l i L r t ~i r+ - ~ ~~4 -l..t - d~ W rd{" A"'f lV.1JR14=2 } F es,. e d'k■ta~sr■r■ ~,a ♦ F._i 77 Zoning F NN-1-5 NN-1-3.5 41 -S NN-1-3-5-C _ N2 t 77 Open Space Road. Classifications j, r v-~ ? i (t j`~. neigborhood collector F f focal street i shared street ~r.._ path SH15r ~ Normal Neighborhood Plan Draft - February 2015 0 200 400 800 Feet x. ry ~ O 10 r e a itimr~su ®rauonmrN rrrnnrarrrrrrrrrrrn _ 7-~` - ar~rna. e ~ tttt ~ ~ i } • ~ } ♦tt+ ~ Yi . IOt ~ _ Road *t Classifications to~lttt *.o neigborhood e a t collector local street d®»s shared street • multi-use path , Normal Neighborhood Plan Street Network Map 0 200 400 800 Feet W o0 I 0 0 ~°m u ~rc ~n W ~wrln o U PI° C C o~ mow " m- (joy c u a_ w Lu z ro w a a~ Er) I i ~ Z Zz 2 Q W W~ w a w o~ r I 4 L N7 Ca O - ® zz Y wu w~ cB~ °7u y, voE VJ ~ I r _ Pr. ~ ~ - U) 4z ® Nr °'<n< ® - - 5.7 z o sf 1 1 1 Y I'L.,~,, r~ °11 _ I u 3 \ I No A f m :~1 Y N a In uj 166aiii p 11ddd 1 zo `I_ u~ ~ F ~ z o 1JtlHdSY 30 3903 z 0 HIiOG d03GV3 MOD nO 3D 3GVJ U G mL R 4 , a ,pppY~~~ m D x P J Q m a ~ u. ' I o Oa3 ORQ ® 4 Q ¢ I ~ F. 'a w U ar W Uy - W O N W O ~ N Z 0 O V) f U) 0 w li J+'o -i+, ~O+P cri -1 t _ 3NIIJ31N30 U1 f 3NI1871N--1G j 3NIld31N3G W -T- W 9NLL51KT i- - Q' A'vM JG 1HDI- I Q Z 1 I . Q < iu tF/"'' 1 Q~ I W cl ,o P, Z~w naR ~y -=o I d~N ® ~VJ vF_ J w~ ° 1 NtilOJD AVMOVOL - ¢ Z ,o o Q j 0. visa woo w 11. Cc a ~I d CO w 3. z vl 3 Fin z kdO o w J 5!' 1lVHd;V 30 3903 NI- ~ x z it E = 1- 1'IbHd5tl d0 3903 I~ x- I n h \ O N~ ~ r .11i44~ I 1 W T j ~ Z w -6ano JO 3GbJ ' I 11'n CL L` ~j z un WU VI N tnp _ N O ® a <I w .J o~ w a~ aW ~U I ® on ~ N o o _ wu a j ,I I j' Q a E >a 9 1 X 9 a n CITY OF ASHLAND Council Communication November 17, 2015, Business Meeting Second Reading of an Ordinance Amending AMC 9.08.010 and 9.08.040 Concerning Keeping of Animals FROM: Dave Lohman, City Attorney, lohmand@ashland.or.us SUMMARY The City Council, at its regular meeting on November 3, 2015, approved the first reading of a proposed ordinance amending the Definitions and Keeping of Animals sections of Ashland's nuisance ordinance to make clear that driving, riding or leading livestock or wild animals in any street, public right-of- way, or city park is deemed to be a public nuisance except under the terms of a valid special use permit issued by the City Administrator. The "Livestock" definition was revised to reference ORS 164.055(2). BACKGROUND AND POLICY IMPLICATIONS: The "Keeping of Animals" provision of the City's current nuisance ordinance, AMC 9.08.040, specifies that certain animals cannot be kept within the City unless specific conditions are met. Pigs, rabbits, chickens, turkeys and miniature goats, among others, are specifically named. There is a specific provision on how far a stable housing large livestock must be from a neighbor's dwelling. Otherwise, ordinary large farm livestock, such as sheep, cows, horses and full-sized goats are not specifically named, nor are wild animals, such as cougars and wolves. But only if common sense is ignored could one conclude such animals should be walked, herded, kept or allowed to feed on public streets and other public property within the City. On multiple occasions recently, a small group of sheep has been brought into downtown and other areas of Ashland, resulting in unsanitary conditions, property damage, and traffic hazards. The person responsible was cited for violating the provision on "Keeping of Animals" in the City's nuisance ordinance. Although the current provision does not specifically address such ordinary farm livestock, the Court found the defendant guilty. The general language of the provision on keeping of animals clearly can be interpreted to include keeping large farm livestock out of public spaces in the downtown area: That is presumably the conclusion the Court reached in the case described above. But adding a specific subsection concerning unpermitted use of public property for keeping or herding farm livestock, as well as wild animals, would be a prudent clarification in order to forestall possible future misunderstandings. On first reading, Council voted to exclude horses from the definition of "Livestock" in Section 908.0101 of the proposed ordinance amendment, but also asked staff propose an alternative that would allow for some in-City riding of horses within reasonable safety parameters. Limitations based on area or roadway designations proved impractical. Instead staff has proposed employing a "reasonable and Pa e 1 of 2 lr, CITY OF ASHLAND prudent" standard for enforcing basic safety measures that a person with a horse must observe on any City rights-of-way. Anyone with more than one horse would be subject to the livestock provisions suggested in the new ordinance, which requires a permit. A person violating this ordinance would be subject to a citation to appear in Municipal Court on the charge of Keeping of Animals, which would be punishable as a Class III violation. A Class III violation could result in a fine of up to $200, plus applicable state, county, and city assessments and surcharges. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: The Council approved the first reading of the ordinance, and suggests changes for inclusion in the second reading. Staff recommends Council approve second reading of the ordinance as amended to incorporate those changes and any other amendments approved by Council. SUGGESTED MOTION: I move to approve the second reading of an Ordinance titled, "An Ordinance Amending AMC 9.08.010 and 9.08.040 Concerning Keeping of Animals", as amended and adopt the ordinance. ATTACHMENTS: 1) Proposed Ordinance as amended; 2) Minutes of November 3 2015 Page 2 of 2 ~r, ORDINANCE NO. AN ORDINANCE AMENDING AMC 9.08.010 AND 9.08.040 CONCERNING KEEPING OF ANIMALS Annotated to show del« ons and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the State of Oregon recognizes that agricultural and urban activities regularly conflict with each other and therefore it has been necessary and desirable to develop land use planning and regulations that separate these activities; WHEREAS, it is necessary to protect the public against the serious health and safety risk posed by livestock and other farm animals drawn into contact with humans and urban infrastructure; WHEREAS, the City's existing ordinances generally address nuisances presented by certain farm animals but fail to specifically address the general possession and maintenance of farm animals or livestock within the urban area; and WHEREAS, the City of Ashland has experience through its operations that unregulated feeding, driving or otherwise maintaining livestock within the city limits creates public health hazards by increasing traffic hazards, damaging vegetation, and potentially spreading disease, injury by vehicles or attracting conflicts with common companion animals, domesticated for and more suited for the urban environment. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.08 Nuisances, Section 9.08.010 Definitions is hereby amended to read as follows: Section 9.08.010 Definitions Unless the context requires otherwise, the following mean: A. "Apiary" means the assembly of one or more colonies of bees at a single location. B. "Beekeeper" means a person who owns or has charge of one or more colonies of bees. Ordinance No. Page 1 of 6 C. "Colony" means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs, and honey. D. "Hive" means the receptacle inhabited by a colony that is manufactured for that purpose. E. "Nucleus colony" means a small quantity of bees with a queen housed in a smaller than usual hive box designed for a particular purpose not including surplus honey storage or harvesting. F. "Person" means a natural person, firm, partnership, association, or corporation, whether acting as an individual or as the clerk, servant, employee, or agent of another; 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; H. "Public Place" means a building, way, place, or accommodation, whether publicly or privately owned, open and available to the general public. 1. "Livestock" mean; m-estieated animals tyoi lly ~ais«on a far, o,T-flneh has the same meaning as set forth in ORS 164.055(2) J. "Micro-livestock" means species of livestock that are small breeds of cattle, sheep, goats, and pigs, that are less than about half the size of the most common breeds K. "Wild Animals" means animals that have not been domesticated or tamed and are usually living in a natural environment, including both game and nongame species, including exotic animals that are not native to the United States or were introduced from abroad. SECTION 2. Chapter 9.08 Nuisances, Section 9.08.040 Keeping of Animals is hereby amended to read as follows: Section 9.08.040 Keeping of Animals A. Dogs. Except as otherwise permitted by ordinance, no person shall keep or maintain more than three (3) dogs over the age of three (3) months on any one (1) parcel or tract of land. B. Swine. No person shall keep or maintain swine. Notwithstanding the preceding sentence or the provisions of section 18.2n 020 18.2.3.160D, keeping or maintaining swine commonly referred to as Miniature Vietnamese, Chinese, or Oriental pot-bellied pigs (sus scrofa vittatus) is allowed, subject to the following: 1. Such pigs shall not exceed a maximum height of 18 inches at the shoulder or weigh more than 95 pounds. 2. No more than one such pig shall be kept at any one parcel or tract of land. 3. Such pigs shall: a. Be confined by fence, leash or obedience training to the property of the person keeping or maintaining them or to the property of another if such other person has given express permission; b. Be confined to a car or truck when off property where otherwise confined~,"_ e. Be oft leash not longer- than six fee""_efl~- 4. Such pigs shall be kept in accordance with the standards of minimum care for domestic animals as set forth in ORS 167.310. 5. Notwithstanding any of the above, no such pig shall be allowed in any park. C. Micro-livestock,4ne1-etdiiFtg eChickens, domestic fowl, turkeys, rabbits, and miniature goats, may be kept or maintained provided each of the following requirements is continuously met: Ordinance No. Page 2 of 6 I . The total number of all micro-livestock, including both adult and juvenile animals, that may kept or maintained on any single property shall be limited to no more than ten (10) animals on properties of 5000 square feet or less, and no more than two (2) additional animals for each one thousand (1,000) square feet of lot area in excess of five thousand (5000) square feet, up to a maximum of twenty (20) animals. 2. Chickens and Domestic Fowl. For purposes of this chapter, "domestic fowl" means quails, pheasants, pigeons, doves, and Muscovy ducks (Cairina moschata). a. No more than five (5) adult chickens or domestic fowl (over six months of age) and five (5) juvenile chickens or domestic fowl (less than 6 months of age) shall be kept or maintained on properties of five thousand (5000) square feet or less; b. No more than one (1) adult chicken or domestic fowl (over six months of age) and one (1) juvenile chickens or domestic fowl (less than 6 months of age) for each one thousand (1,000) square feet of lot area, shall be kept or maintained on properties greater than five thousand (5000) square fleet, c No more than two (2) adult turkeys (over 6 months of age), and two (2) juvenile turkeys (less than 6 months of age) shall be kept or maintained on properties of less than one acre. d. Roosters, geese, and peacocks are prohibited. 3. Rabbits. No more than six (6) adult rabbits (over six months of age) shall be kept or maintained on properties of less than one acre. a. Nursing offspring born to permitted adult rabbits may be kept until such animals are weaned. b. Rabbits shall be kept in a hutch or fenced enclosure. 4. Miniature Goats. For purposes of this chapter "miniature goats" are those goats commonly known as pygmy, dwarf, and miniature goats weighing less than 95lbs at full size. a. No more than two (2) adult miniature goats over six months of age shall be kept or maintained on properties of less than one acre. b. Nursing offspring born to permitted adult miniature goats may be kept until such animals are weaned. c. Solitary miniature goats are not permitted. d. Male miniature goats shall be neutered. 5. Micro-livestock shall be allowed on properties containing multi-family complexes, including duplexes provided the following are continuously met: a. The property owner, or designated property manager, has provided written notification to all residents of the multi-family complex, and to the City, verifying the keeping of animals on the property will comply with the requirements of this chapter. Written notification shall include the following; i. Property owner, property manager, or Home Owner Association representative contact information, including the name, address and phone number(s). ii. 24 hour emergency contact information for an onsite resident designated as the primary responsible party for animal care and maintenance. Contact information shall include the name, address and phone number of the responsible party. iii. The City requirements for the keeping of micro-livestock including the maximum number and type of animals permitted on the subject property and maintenance requirements per this chapter. Ordinance No. Page 3 of 6 b. Micro-livestock must be secured at all times and located at least twenty (20) feet from any dwelling within the multifamily complex or dwellings on adjoining properties. c. The area in which micro livestock are kept shall be continuously maintained regardless of any change of building tenancy or property ownership. d. The construction of accessory buildings and structures for the purpose of housing micro-livestock upon multi-family zoned properties occupied by two (2) or more residential units is subject to site design review standards outlined in Chapter 18.72.5.2 of this code. 6. In residential zones micro-livestock shall be kept primarily for personal use. Sale of surplus eggs, honey or similar animal products produced by on-premises micro-livestock is permitted in compliance with applicable licensing and inspection requirements of the Oregon Department of Agriculture. 7. Micro-livestock must be secured at all times and located at least twenty (20) feet from dwellings on adjoining properties: a. secure enclosure shall be provided to protect micro-livestock from predators and to provide shelter from the weather; b. Micro-livestock enclosures shall meet the requirements of AMC 18.69.440(C) (4)2.5.040E and shall be located at least ten (10) feet from neighboring properties; 8. To protect public health, the areas in which micro-livestock are kept must be maintained in compliance with AMC 9.08.060 and the following requirements: a. Animal feed must be kept in rodent- and raccoon-proof containers; b. Animal manure must be collected, stored, and removed from the property on a regular basis in accordance with the following requirements: i. All stored manure shall be within a non-combustible, air-tight, container and located in accordance with the Oregon Fire Code relating to the outdoor storage of combustibles; ii. No more than one 20-gallon container of manure shall be stored on any one property housing micro-livestock; and iii. All manure not used for composting or fertilizing shall be removed; 9. Micro-livestock enclosures, including chicken coops and runs, rabbit hutches, and goat barns shall be built in compliance with AMC 18. . 2.5.040E and with all applicable building and zoning codes; 10. The requirements of AMC 18.20.02 4"8 .3.160 regarding of the keeping of livestock shall not apply to the keeping of micro-livestock or the buildings and structures that house micro-livestock. 11. Noise resulting from the keeping or maintaining of micro-livestock must not exceed the limitations set forth in AMC 9.08.170. D. Bees. The keeping or maintaining of bees, bee colonies, bee hives, combs, or containers of any kind or character wherein bees are hived is subject to the following: Ordinance No. Page 4 of 6 I . Registration with the city is required to keep beehives within the city limits and the Director of Community Development shall provide a beekeeping registration process. 2. No more than three (3) bee colonies shall be kept or maintained on properties of less than one acre. 3. No more than five (5) bee colonies shall be kept or maintained on properties of one acre or greater. 4. Bee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition. 5. For each colony permitted to be maintained under this ordinance, there may also be maintained upon the same property, one nucleus colony in a hive structure not to exceed one standard 9-5/8 inch depth 10-frame hive body. 6. In each instance where a colony is kept less than twenty five (25) feet from a property line, a flyway barrier at least six (6) feet in height shall be maintained parallel to the property line for a minimum of ten (10) feet in either direction from the hive. The flyway barrier may consist of a wall, fence, dense vegetation or a combination there of, such that bees will fly over rather than through the material to reach the colony. 7. A constant supply of fresh water shall be provided for the colonies on site within fifteen (15) feet of each hive. 8. Each beekeeper shall ensure that no wax comb or other material that might encourage robbing by other bees are left upon the grounds of the property. Such materials once removed from the site shall be handled and stored in sealed containers or placed within a building or other insect proof container. 9. If the beekeeper serves the community by removing a swarm or swarms of honey bees from locations where they are not desired, the beekeeper shall be permitted to temporarily house the swarm on the property for no more than 30 days from the date acquired. 10. The sale of surplus honey or bee's wax produced on site shall be permitted on the property where the keeping of bees is permitted. 11. Africanized bees are prohibited. F. No person shall keep or maintain a stable housing large livestock within one hundred (100) feet of another dwelling. G. Except as otherwise permitted by this ordinance, Nno person shall drive, ride or lead livestock or wild animals in any street, public right-of-way, or city park except under the terms of a valid special use permit issued by the City Administrator. 1. In addition to requirements of ORS 814 150, a person may ride or lead one horse without obtaining a special use permit, provided the activity is reasonable and prudent, having due regard to all of the following: (a) The traffic. (b) The surface and width of the highway. (c) The hazard at intersections. Ordinance No. Page 5 of 6 (d) Weather. (e) Visibility. H. Were Where the conditions imposed by subsections (B) to (EG) of this section differ from those imposed by another ordinance, the provision which is more restrictive shall control. 1. The applicable minimum care requirements of ORS 167.310 shall apply to all animals identified in this section. J. Keening of animals is a Class III violation SECTION 3. Savings. Notwithstanding this amendment, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code, and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered or re-lettered, provided however, that any Whereas clauses and boilerplate provisions (i.e., Sections Nos. 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 H. Lohman, City Attorney Ordinance No. Page 6 of 6 City of Ashland, Oregon - Agendas And Minutes Page I of 8 City of Ashland Oregon / City Council Tuesday, November 03, 2015 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 3, 2015 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Lemhouse, Seffinger, Rosenthal and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor announced that the City is taking applications for the Annual Appointments to the Citizen Budget Committee and Municipal Audit Commission. The deadline for applications is November 13. APPROVAL OF MINUTES The minutes of the Study Session of October 19, 2015 and Business Meeting of October 20, 2015 were approved as presented. SPECIAL PRESENTATIONS & AWARDS General Manager Robert Colvin representing Central Oregon Railroad (CORP) announced that the line through Ashland will reopen to establish a freight line between Medford, Oregon and Weed, California. Train movements will begirt tomorrow and will run in the afternoon. He explained that there are no set train schedules at this time for the next couple of years. In 2016, the line will be operated at a minimum of 5 days a week, two trains a day through Ashland. No exact timelines are known at this time other than one in the morning and one in the afternoon. Signals and low blown horns will be used for safety reasons and these are being tested currently and for the next couple of months. He stated that the standard speed is set at 25mph and that historically the speed through Ashland has been 20mph and he anticipates that in the beginning the speed will be closer to 10mph. PUBLIC FORUM Trina Sanford/640 Tolman Creek Rd/Spoke as a property owner on Tolman Creek and that the transient problem is not just a Plaza issue. She shared her concern that council will not give this area equal attention. She was aware of a homeless camp in our watershed and would not allow her children in the area for safety reasons. There are many reasons for concern including human defecation and fire issues. http://w,~viv.asliland.or.us/Agendas.asp?Display=Minutes&AMID=6164&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 2 of 8 Daniel Gregg/195 Mobile Drive/Spoke regarding the cleanup of the railroad property and suggests that the council create a conference site in this area and park area. He would like to speak to someone about the property and what procedures would be necessary to bring a proposal forward. Zach Brombacher/640 Tolman Creek Rd/Commented about the problems he has had with the transient population and asked that something be done. He feels that citizens have "had enough" and that this issue has gotten out of hand. Asks that all abide by the law in order for all to enjoy our community. Suggested that this be put to a vote by the electorates that all abide by the law. Ellen Campbell/120 Gresham Street/Appreciates that the council is taking this seriously and that there are many stakeholders involved. Suggested employing ambassadors that will help to education and provide guidance to those that need assistance. She stated that citizens should be allowed to enjoy their community and they should not have to put up with those that will not abide to the law. JC Romero/Stated that he is a member of the community and does what he can to help by volunteering and cleaning up after others. He felt that the focus should not be on how to exclude members of the community but how to help them. He stated any further ordinances are not necessary. Alice Mallory/438 Taylor Street/Spoke regarding those human beings that are not "travelers." She comments on the previous testimony about sexual harassment, intimidation, and other actions that affect our quality of life. She does not understand how civil liberties for those that violate take precedence over those that do not violate our quality of life. She suggested that our community take a lead to petition our legislators that they provide protection and civil liberties to law-abiding citizens in order to walk in a safe environment on our city streets. Huelz Gutcheon/2253 Hwy 99/Stated his appreciation for affordable housing but does not understand the aggressive nature of some of the homeless currently in our community. CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Appointment of Stephen Jensen to the Forest Lands Commission 3. Approval of a resolution titled, "A resolution adopting a supplemental budget increasing appropriations within the 2015-17 Biennium budget" 4. Approval of a change order in excess of 25% for the oxidation ditch wetland delineation Consent agenda item 3 was pulled for discussion and minor amendment. City Administrator Dave Kanner stated that under Section 1, Equipment Fund, the appropriation for Public Works should be $440,000, which also changes the total all funds to $563,588. http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=6164&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 3 of 8 Administrative Services/Finance Director Lee Tuneberg explained that there is no bottom line impact associated with the transfer of appropriations. Councilor Voisin/Marsh mis to approve Consent Agenda items with amendment to item #3 correcting the appropriated amount. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS (None) UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Biennium 2015-2017 first quarterly financial report City Administrator Dave Kanner conveyed to the council that the first quarter financial report is not usually very revealing but that staff looks for deviations within the report. He stated that he reviews the major revenue streams, which include utility billing revenue and suggested that in the future staff could flag certain items and report on those. Administrative Services/Finance Director Lee Tuneberg stated that this is a straightforward report and it does not show any particular issues, as this is the first quarter financial report. He explained that the biennial budget makes financial reporting more complex and has caused some confusion, but he is comfortable with the change to biennial. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. First reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 9.16 to require dog licensing and declare certain dog behaviors to be public nuisances" and move on to second reading City Attorney Dave Lohman explained that the proposed ordinance is a result of prior discussion by council and concern with the increase of dogs in the downtown area. Mr. Lohman went over the proposed changes within the ordinance. He explained that the ordinance is less lenient that the county licensing law and provided examples of what dog behaviors would constitute a public nuisance. Mr. Lohman stated that there was a change by staff under 9.16.005 Definitions (F) language should be changed to be consistent with State Law by removing "domestic" and replacing with "companion dog or livestock." Staff will make this change for the second reading of the ordinance. Police Chief Tighe O'Meara explained that enforcement for a dog without a license would be complaint driven as there was no practical way to stop anyone with a dog to determine if they are licenses or not. He stated that there was a compelling reason for an officer to stop an individual with a dog this could be part http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=6164&Print=Tnie 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 4 of S of the investigation. He clarified that dogs are not allowed on the Plaza and that would fall within the compelling reason to inquire if the dog was licensed and he understood that the ordinance stated that proof of vaccination could be used in lieu of a license. Assistant City Attorney Doug McGeary clarified that Jackson County requires that all dogs be licensed. They do allow a 30-day window for licensing of dogs. The proposed ordinance only pertains to vaccination of dogs and it was noted that there are several agencies in the area that offer free vaccinations. He further stated that the proposed ordinance does provide for automatic dismissal of citation if proof of vaccination can be provided. This could be done either in person at the Court or by mail. Sandra Slattery/Ashland Chamber of Commerce/Spoke for a collective group that supports all the proposed ordinances, as they will protect our citizens and our businesses. She offered thanks to the council for listening and understands that this is a behavioral problem and a community issue. She offered the help and assistance of the Ashland Chamber of Commerce. Staff will provide a definition for "vicious dogs" at second reading for council to consider. Councilor MarshlSeffinger m/s to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Marsh understands that this is an appropriate ordinance and believes that our officers will use it appropriately. Councilor Seffinger stated that vaccination is important and that this protects our citizens. Roll Call Vote: Lemhouse, Morris, Rosenthal, Marsh and Seffinger, YES; Voisin, NO. Motion passed 5-1. 2. First reading by title only of an ordinance titled, "An ordinance amending Chapter 10.120.020 to add two offenses as possible elements of the crime of persistent violation" and move on to second reading City Attorney Dave Lohman presented staff report, which included an explanation on the current ordinance in place involving persistent violation. The proposed ordinance adds two additional elements that would qualify under persistent violation within a six-month period. The two elements are failing to have a dog licensed and smoking marijuana in public. Police Chief Tighe O'Meara stated that he does not have current numbers of citations issued for smoking marijuana in public, but does confirm that it has increased significantly since it became legal in the state... Staff will look at how misdemeanors are listed and will bring change back any changes at second reading if needed for council consideration. Deb Van Peelenl321 N MountainlCommented on questions brought forward by the mayor on the behavior of certain individuals. She stated that she is more concerned by global issues than individual behavior and that Ashland businesses http://www.ashland.or.us/Agendas.asp?Display=Minutes&ANIID=6164&Print=Ttlie 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 5 of 8 are not a good business model for a friendly and respectful atmosphere. She spoke regarding her concern on consumption of fossil fuels and would like to see our city challenged more in a global way. Debbie Miller/160 Normal StreettSpoke in support of proposed ordinances and stated that she does not condone disruptive behavior in her own home and that we should not condone this type of behavior our community. She felt that all residents and visitors are being affected by this obnoxious behavior including the danger of having unvaccinated dogs and that rabies is a serious public health issue. She thought that officers should be able to confirm licensing via the website and that tags are not necessarily proof of licensing as these could have been stolen. She urged the council to adopt all proposed ordinances that people could either abide by the city polices or leave. She felt there should be juridical consequences. Councilor Seffinger/Lemhouse mis to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Seffinger emphasized the importance of moving forward and making our city safer. Councilor Lemhouse supported the motion and that - adding the dog issue to persistent violations is appropriate. He felt that it is fair to apply this to all equally and the smoking of marijuana in public is an obvious violation to add. Councilor Voisin motion to split motion between the two offences. Motion died due to lack of second. Continued discussion on motion: Councilor Morris stated that including the dog violation is important but is concerned with moving the smoking of marijuana in public as it could affect the outer areas of downtown. Councilor Voisin could not support the motion if it included the dog violations because she felt there would be enforcement issues. She did support including smoking of marijuana in public as a violation. Roll Call Vote: Lemhouse, Voisin, Marsh, Rosenthal, Morris and Seffinger, YES. Motion passed. 3. First reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 10.120.010 to add Bill Patton Garden to existing enhanced law enforcement area" and move on to second reading City Attorney Dave Lohman presented staff report and explained the additional areas that have been experiencing increased behavior issues. Police Chief Tighe O'Meara explained that there is a long history of problems in this area and that it should have been included initially. This would correct the omission. Assistant City Attorney Doug McGeary explained that the original map omitted this area and it had been problematic for officers to determine the enhancement area. Chief O'Meara clarified that park patrol has the ability to cite if anyone is found to violate park rules. He stated that Park Rules are stricter and do apply to all city http://www.ashland.or.us/Agendas.asp?Display=Nlinutes&AMID=6164&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 6 of 8 parks. He also stated that there had not been any significant calls for service at the library or the bus stop at this location. Councilor Lemhouse/Marsh m/s to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Lemhouse that is an evolution and that a larger area could be considered if it were a reasonable addition. Councilor Marsh felt that was a good step forward and that it would provide good tools for our officers to use. She stated that there is a larger comprehensive issue for the downtown area. That we should reclaim our public space so that we all feel safe. She does not feel that this will solve the problem but is a helpful tool. Councilor Voisin supports the ordinance but felt there needed to be better control of violations. She voiced her concern with the enhancement area and does not feel that this will change behavior issues. She felt that this was a societal problem and that it is not just downtown but the whole community. Roll Call Vote: Morris, Seffinger, Voisin, Marsh, Lemhouse and Rosenthal, YES. Motion passed. 4. First reading by title only of an ordinance titled, "An ordinance amending AMC 9.08.010 and 9.08.040 concerning keeping of animals" and move on to second reading City Attorney Dave Lohman presented staff report that included language about bringing livestock to the downtown area. The purpose of this ordinance is to clarify that large farm animals, without a permit, is not appropriate in the city. Police Chief Tighe O'Meara explained that there have been circumstances that warrant this proposed amendment. He stated that horses do not have a place in the downtown area unless there is a parade happening as this could be a dangerous and legitimate public safety issue. Mr. Lohman stated that it would be difficult to exclude horses and staff will bring back language for the council to consider that may help on enforcement. Councilor Voisin/Rosenthal m/s to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Voisin supported the ordinance and understands that livestock does not belong in the downtown area. Councilor Rosenthal stated that this is meaningful action that protects the community and supports health and safety. Councilor Lemhouse/Marsh m/s to amend motion to exclude horses from the list of excluded animals. DISCUSSON: Councilor Lemhouse explained that there still rural areas within our community and that it may be a generation issue. Horses could be considered an alternative transportation and that it is important to protect the rural history of Ashland. Staff was directed to bring back a proposal that would allow horses but keep them out of areas that would be considered a safety issue. Councilor Marsh agreed that only in certain areas that are appropriate. Councilor Voisin did not support removing horses from the last as she felt that it would be safety issue and http://www.asliland.or.us/Agendas.asp?Display=Mititites&AMID=6164&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 7 of 8 that the city should be consistent. Councilor Morris supported the amendment but voiced concern with excluding horses. He did understand that there are still areas surrounding the city that are rural and there may need to be an exemption for these types of situations. Roll Call Vote: Lemhouse, Morris, Rosenthal, Marsh and Seffinger, YES; Voisin, NO. Motion passed 5-1. Roll Call Vote on amended motion: Lemhouse, Morris, Rosenthal, Marsh and Seffinger, YES; Voisin, NO. Motion passed 5-1. 5. First reading by title only on an ordinance titled, "An ordinance amending AMC 9.18.020 to include additional definitions of behavior constituting elements of chronic nuisance" and move on to second reading Fire Division Chief Margueritte Hickman presented the staff report and shared her experience involving the dangers of pyrotechnics. She felt strongly that we should prevent this from happening in our community. She explained that inspections have found safety issues in our local bars and nightclubs. She felt that it was appropriate to include these types of violations in the chronic nuisance ordinance, as the impact to business would be more than just a cost of doing business for those that are found in violation. The proposed ordinance would add two fire violations to the chronic nuisance ordinance and would provide greater incentive to owners to comply as failure to comply could prevent them from operating their business on site. Police Chief Tighe O'Meara stated that this past Halloween night was quiet and Ms. Hickman stated that there were no incidents of overcrowding. It was clarified that all incidents, including Fire Department incidents would be included with Police incidents when considering violations. It was felt that this is an enhanced tool to help deal with problematic businesses in the downtown area. Councilor LemhouselSeffinger mis to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Lemhouse stated that the addition of fire violations was important and would help with chronic nuisance offenders. Councilor Marsh agreed that this would provide more tools for law enforcement and sends a message to business owners that the city is serious about enforcement Councilor Voisin voiced her support for the ordinance. Roll Call Vote: Voisin, Seffinger, Morris, Lemhouse, Rosenthal and Marsh, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Lemhouse announced Ashland High School (AHS) Grizzly activities including past AHS student Jeremy Guthrie whose team won the Baseball World Series. The girl's soccer team will be in Hood River, girl's volleyball in Portland, boy's football this Friday playing Bend High School, which will be held at the Southern Oregon University field. It was noted that Councilor Rosenthal would be the guest announcer for this game. http:/hvNv-vv.ashlaiid.or.us/Agendas.asp?Display-Minutes&AMID=6164&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 8 of 8 Councilor Voisin announced the ORS annual sleep out in tents this coming Saturday at Lincoln School field. The evening of Saturday the Peace House will hold a celebration for Ruth Couthart recognizing her community involvement. Councilor Rosenthal announced that the Ad Hoc Climate and Energy Committee would be meeting tomorrow at 2 p.m. to finalize their kick-off event scheduled for November 15 at 4 p.m. at the Ashland Historic Armory. More information can be found at ashlandclimagechallenge.org City Administrator Dave Kanner announced that electric utility discussion scheduled for the November 16 Study Session would be postponed until February. ADJOURNMENT OF BUSINESS MEETING Meeting was adjourned at 9:33 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor PRINT CLOSE http://www.asliland.or.us/Agendas.asp?Display=Minutes&AMID=6164&Print=True 11/9/2015 CITY OF -AS H LAN D Council Communication November 17, 2015, Business Meeting Second Reading of an Ordinance Amending AMC Chapter 9.16 To Require Dog Licensing and Declare Certain Dog Behaviors To Be Public Nuisances FROM: David Lohman, City Attorney, david.lohman(aashland.or.us SUMMARY: The City Council, at its business meeting on November 3, 2014, approved the first reading of amendments to current AMC Chapter 9.16 concerning dog-related nuisances. One of the proposed changes would require any owner or keeper of a dog within the City limits to have proof of licensing or proof of rabies vaccination when the dog is not on its owner/keeper's premises. The other significant proposed ordinance change specifies canine behavior that constitutes a public nuisance. Finally, the proposed ordinance includes definitions intended to clarify the application of the above substantive amendments. Upon discussion, the City Council requested two changes to the version of the ordinance presented for first reading but did not formally amend that version. The revised version of the ordinance presented for second reading does incorporate those changes. Differences between the two versions of the ordinance are indicated by highlighting in the version attached hereto for second reading. BACKGROUND AND POLICY IMPLICATIONS: At its January 5, 2015 study session, Council informally agreed to consider possible ordinance amendments concerning licensing and vaccination of dogs. In recent years, a notable increase in the number of dogs in the City, especially dogs allowed to linger for extended periods of time in downtown locations, has resulted in pedestrian safety and sidewalk passage problems, as well as concerns about unvaccinated dogs spreading certain diseases. The current ordinance proposed for amendment is AMC 9.16 Nuisance-Dogs. One proposed change is to add a new section on definitions, proposed AMC 9.16.005, to make the meaning of terms used in subsequent provisions clear. The definition of "keeper" is a slight adaptation of that provided in ORS 609.015 el seq., the Oregon statute on dog control; it includes anyone who has charge, custody, or possession of a dog, including its owner. The definition of "service animal' that is currently in AMC 9.16.060 is proposed to be moved to the new definitions section and modified to make clear that a service animal must have completed individual training to perform tasks for a person with a disability and must be trained to obey its keeper's commands. The addition of the dog licensing requirement to City Code reiterates Jackson County Code 612.03 and Page 1 of 2 rr, CITY OF ASHLAND implicitly channels citation appeals to Ashland Municipal Court, probably the most appropriate venue for such matters. Under the proposed City ordinance, however, a dog's keeper has the alternative of presenting a current, valid rabies vaccination certificate in lieu of proof of licensing. The proposed amendment adds a new provision, 9.16.070, detailing dog behaviors to be deemed a public nuisance. In a general way, these misbehaviors could be addressed through citations for violations of AMC 9.08.020 (dangerous animals to be kept under control), 9.08.030 (animals to be kept from running at large), 9.08.110 (prohibiting scattering of rubbish), 9.08.170 (prohibiting unnecessary noise), 9.08.19013 (disallowing acts or outcomes deemed injurious or detrimental to public health, safety, or welfare not enumerated elsewhere), 9.16.010 (requiring control of dogs), 11. 16.060 (prohibiting obstruction of sidewalks), and 13.03.050A(3) (requiring unobstructed sidewalk passageway at least 6-feet wide). The proposed new provision on specific dog-related nuisances, however, provides consolidated, clear guidance for both dog keepers and enforcement officials. Proposed 9.16.070 incorporates provisions from similar ordinances in Albany and Medford, Oregon and Santa Cruz, California. In the version presented for Second Reading, staff is proposing to modify the definition in section 9.16.005(F) by replacing the phrase "domestic animal" as defined in ORS 167.310 with the phrase "companion animal or livestock" as defined in ORS 164.055(2). This change, which is highlighted in the version presented for Second Reading, broadens the definition of a potentially dangerous dog to include a dog that injures or kills livestock on property outside the control of the dog's owner/keeper. Because this is arguably substantive, it should be read aloud prior to seeking approval of the revised version on Second Reading. The other proposed change is not substantive: it merely removes the term "vicious dog" in section 9.16.020. The notion of "vicious dog" is inherently included in the definition of "potentially dangerous dog," which was already added into the First Reading version. So the term "vicious dog" is not needed and need not be defined. COUNCIL GOALS SUPPORTED: N/A. FISCAL IMPLICATIONS: N/A. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council approve Second Reading of the ordinance with its requested changes. SUGGESTED MOTION: I move to approve Second Reading by title only of an ordinance titled "An Ordinance Amending AMC Chapter 9.16 to Require Dog Licensing and Declare Certain Dog Behaviors to be Public Nuisances" as amended and adopt the ordinance. ATTACHMENTS: 1) Proposed Ordinance - with recommended revisions; 2) Minutes November 3, 2015: http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=6164 Page 2 of 2 Ir, ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 9.16 TO REQUIRE DOG LICENSING AND DECLARE CERTAIN DOG BEHAVIORS TO BE PUBLIC NUISANCES Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined thr-ott and additions are bold underlined. WHEREAS, Article 2. Section I of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, preventing the possible spread of rabies and fostering compliance with the dog licensing requirements of Jackson County, Oregon and other jurisdictions would benefit the citizens of Ashland; and WHEREAS, better defining the behaviors of dogs that constitute a public nuisance in the City of Ashland would benefit the citizens of Ashland, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.16 Nuisance Dogs is hereby amended to read as follows: 9.16.005 Definitions The following words and phrases whenever used in this chapter shall be construed as defined in this section. A. "Keeper" means a person who owns, harbors or has charge, control, custody or possession of a dog. B. "Service animal" means an animal that is individually trained to perform tasks for a person with a disability and trained to obey the commands of its keeper. A pet, companion, or therapy animal is not a service animal unless the animal has successfully completed such training. The tasks may include, but are not limited to, guiding a person who is visually impaired or blind; alerting a person who is deaf or hard of hearing; pulling a wheelchair; assisting with mobility or balance; alerting and protecting a person who is having a seizure, retrieving obiects, or performing other special tasks. C. "Obstructs" means occupies sidewalk space so as to constrict uninhibited pedestrian passageway to a width of less than six (6) feet without a City permit. Ordinance No. Page 1 of 5 D. "Menaces" means lunging, growling, snarlinj4 or other behavior by a dop_ that would cause a reasonable person to fear for the person's safety. E. "Runs at large" means that a doe is off or outside the premises from which the keeper of the dop_ may lawfully exclude others, or is not in the company of and under the control of its keeper. F. "Potentially danlzerous doa" means: (1) without provocation and while not on premises from which the keeper may lawfully exclude others, menaces the person; (2) without provocation, inflicts physical injury on a person that is less severe than a serious physical injury; or (3) without provocation and while not on premises from which the keeper may lawfully exclude others, inflicts physical injury on or kills a companion animal or livestock as defined in ORS X9164.055(2). G. "Serious physical injury" has the meaning p_iven that term in ORS 161.015. 9.16.010 Control Required All dogs must be confined by fence, leash, or obedience training to the property of the person owning, harboring or having the charge, care, control, custody or possession of such dog; however, it shall be permissible for a dog to be confined by fence, leash or obedience training to the property of another if such other person has given express permission. Provided, however, that the City Council may, in its discretion, designate certain areas within the City where dogs may be permitted to run free while under the owner's or keeper's control. Control required Violation of this section is a Class IV violation. 9.16.015 Dog License Required A Except as provided in 9 16 01513 or C, a doij under the control of its keeper must be currently licensed pursuant to the applicable rules and rellulations of the county or city where the keeper of the dog resides. (1) Except when a dolz is confined to its keeper's premises or displayed in exhibition, its license ta1z, or other proof of licensinIZ, must be attached securely to a collar or harness on the doll. (2) A license issued for a particular dop_ may not be transferred to a different dolz or affixed to a collar or harness of a different dog. (3) It is unlawful for any person to steal or remove the license tag from any dog. B The requirement in 9 16 015A for licensing a dog may be satisfied if the keeper presents a current, valid rabies vaccination certificate for such dom upon request from a City of Ashland law enforcement officer. A citation for violation of the dog licensing requirement in 9 16 015A shall be dismissed if the dog's keeper subsequently presents to City of Ashland Municipal Court a valid rabies vaccination certificate for such dog that was current when the citation was issued. C The license requirement in 9 16 015A does not apply to a doe that is less than six (6) months old. D Violation of this section is a Class IV violation and is subiect to laws and rules for a municipal court appearance and the enforcement of Persistent Violations, AMC 10.120. Ordinance No. Page 2 of 5 9.16.020 V-ieious Potentially Dan1jerous Dogs - Control Required Any a,,, +r + ;s A nor longs,.,, to the safety of-„sons potentially danlzerous dog must be confined by enclosure or a leash to property of its owner or keeper. Vicious dogs eontfo Violation of this section is a Class I violation. 9.16.030 Dog - Control Required When in Car or Truck It is permissible for a dog to be confined to a car or truck, which is owned by its owner or keeper, and such confinement may be either by physical means or by obedience training. The duration and circumstances of the confinement shall be consistent with minimum care for the animal under Oregon statutes protecting animals from mistreatment or abuse. 9.16.040 Leash Required Any dog not confined to property as set forth above in this chapter and which is on either public or private property must be on a leash not longer than six (6) feet in length. Leash i-equif Violation of this section is a Class IV violation. 9.16.050 Unattended Dogs Dogs not on private property as described above must always be attended by their owner or persons having the custody of such dog; and, it shall be unlawful for any person to tie or permit to be tied a dog or any other animal to any tree, hydrant, railing, or other object on the public property of the City of Ashland. Unattended dogs of Violation of this section is a Class IV violation. 9.16.055 Removal of Dog Waste Any person, with the exception of a sightless person, responsible for any dog, shall be in possession of tools for the removal of, and shall remove, excrement deposited by the dog: A. In any public area not designated to receive those wastes, including but not limited to streets, sidewalks, parking strips, the Plaza islands, city parks and trails or roads paralleling ditches, swales, culverts, canals and similar facilities owned or operated by the Talent Irrigation District or the City of Ashland, or B. On any private property. It is an affirmative defense to a prosecution on any charge under this subsection that the property owner or person in charge of the property consented to such use of the property. Removal of doe wa Violation of this section is a Class IV violation. 9.16.060 Dogs - City Parks or Plaza Islands Dogs, except for service animals, are not permitted in any of the eity City parks or the Plaza islands under any condition except as provided in section 9.16.030; except that the Ashland Parks Commission may designate certain defined area within such parks where dogs may be allowed on a leash which conforms to the above requirement; and except that a person may walk a dog on a lease through the Plaza islands if the dog remains on the paved portions of the Plaza islands. "Sefviee " f6f the pufposes of this Chaptef means any aniffial that is tfained to perfefffl tasks for an individual with a disability. The tasks may inelude, but af e not limited to, heafing, pulling a wheelehaif, assisting with mobility E)f balanee, alefting and pfeteeting a pefs Ordinance No. Page 3 of 5 not . et animal. Dogs Gity Pafks of Plaza islands Violation of this section is a Class IV violation. 9.16.065 Dogs - City Cemeteries Dogs, except for service animals, with the exeeption of seeing eye , are not permitted in any of the City cemeteries under any condition. Dogs city eemetefies Violation of this section is a Class IV violation. 9.16.070 Dogs - Public Nuisance. A. The following behavior by any dog within the City limits of Ashland constitutes an unlawful public nuisance: 1) A dog repeatedly runs at large; 2) A dog bites a person or another domestic animal; 3) A dog menaces a pedestrian or passerby; 4) A dog repeatedly chases vehicles or persons; 5) A dog damages or destroys property of persons other than the owners or keepers of the dog, 6) A dog repeatedly scatters garbage; 7) A dog repeatedly trespasses on private property of persons other than the keeper of the dog; 8) A dog excessively makes disturbing noises, including, but not limited to continued and repeated howling, barking, whining for more than ten (10) minutes or intermittent barking for more than thirty (30) minutes in a sixty (60) minute period, causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the property of the keeper. If the barking is caused by the continued presence of a cat or the presence of predators such as coyotes, or deer, or other wildlife, or by a person intentionally taunting the dog, then the dog is not a public nuisance; 9) A dog obstructs a City sidewalk; D. It is unlawful for any keeper of a dog to permit such dog to be a public nuisance as described and is a Class IV violation. SECTION 2. Savings. Notwithstanding this amendment, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however Ordinance No. Page 4 of 5 that any Whereas clauses and boilerplate provisions (i.e. Sections 2-4) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2015, and duly PASSED and ADOPTED this day of , 2015. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 5 of 5 City of Ashland, Oregon - Agendas And Minutes Page 1 of 8 City of Ashland, Oregon / City Council Tuesday, November 03, 2015 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 3, 2015 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Lemhouse, Seff inger, Rosenthal and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor announced that the City is taking applications for the Annual Appointments to the Citizen Budget Committee and Municipal Audit Commission. The deadline for applications is November 13. APPROVAL OF MINUTES The minutes of the Study Session of October 19, 2015 and Business Meeting of October 20, 2015 were approved as presented. SPECIAL PRESENTATIONS & AWARDS General Manager Robert Colvin representing Central Oregon Railroad (CORP) announced that the line through Ashland will reopen to establish a freight line between Medford, Oregon and Weed, California. Train movements will begin tomorrow and will run in the afternoon. He explained that there are no set train schedules at this time for the next couple of years. In 2016, the line will be operated at a minimum of 5 days a week, two trains a day through Ashland. No exact timelines are known at this time other than one in the morning and one in the afternoon. Signals and low blown horns will be used for safety reasons and these are being tested currently and for the next couple of months. He stated that the standard speed is set at 25mph and that historically the speed through Ashland has been 20mph and he anticipates that in the beginning the speed will be closer to 10mph. PUBLIC FORUM Traa Sanford/640 Tolman Creek Rd/Spoke as a property owner on Tolman Creek and that the transient problem is not just a Plaza issue. She shared her concern that council will not give this area equal attention. She was aware of a homeless camp in our watershed and would not allow her children in the area for safety reasons. There are many reasons for concern including human defecation and fire issues. http://www.ashlatid.or.us/Agendas.asp?Display=Minutes&AMID=6164&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 2 of 8 Daniel Gregg/195 Mobile Drive/Spoke regarding the cleanup of the railroad property and suggests that the council create a conference site in this area and park area. He would like to speak to someone about the property and what procedures would be necessary to bring a proposal forward. Zach Brombacher1640 Tolman Creek Rd/Commented about the problems he has had with the transient population and asked that something be done. He feels that citizens have "had enough" and that this issue has gotten out of hand. Asks that all abide by the law in order for all to enjoy our community. Suggested that this be put to a vote by the electorates that all abide by the law. Ellen Campbell/1 20 Gresham Street/Appreciates that the council is taking this seriously and that there are many stakeholders involved. Suggested employing ambassadors that will help to education and provide guidance to those that need assistance. She stated that citizens should be allowed to enjoy their community and they should not have to put up with those that will not abide to the law. JC Romero/Stated that he is a member of the community and does what he can to help by volunteering and cleaning up after others. He felt that the focus should not be on how to exclude members of the community but how to help them. He stated any further ordinances are not necessary. Alice Mallory/438 Taylor Street/Spoke regarding those human beings that are not "travelers." She comments on the previous testimony about sexual harassment, intimidation, and other actions that affect our quality of life. She does not understand how civil liberties for those that violate take precedence over those that do not violate our quality of life. She suggested that our community take a lead to petition our legislators that they provide protection and civil liberties to law-abiding citizens in order to walk in a safe environment on our city streets. Huelz Gutcheon12253 Hwy 991Stated his appreciation for affordable housing but does not understand the aggressive nature of some of the homeless currently in our community. CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Appointment of Stephen Jensen to the Forest Lands Commission 3. Approval of a resolution titled, "A resolution adopting a supplemental budget increasing appropriations within the 2015-17 Biennium budget" 4. Approval of a change order in excess of 25% for the oxidation ditch wetland delineation Consent agenda item 3 was pulled for discussion and minor amendment. City Administrator Dave Kanner stated that under Section 1, Equipment Fund, the appropriation for Public Works should be $440,000, which also changes the total all funds to $563,588. http://www.asliland.or.us/Agendas.asp?Display=Minutes&AMID=6164&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes page 3 of 8 Administrative Services/Finance Director Lee Tuneberg explained that there is no bottom line impact associated with the transfer of appropriations. Councilor VoisinlMarsh mis to approve Consent Agenda items with amendment to item #3 correcting the appropriated amount. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS (None) UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Biennium 2015-2017 first quarterly financial report City Administrator Dave Kanner conveyed to the council that the first quarter financial report is not usually very revealing but that staff looks for deviations within the report. He stated that he reviews the major revenue streams, which include utility billing revenue and suggested that in the future staff could flag certain items and report on those. Administrative Services/Finance Director Lee Tuneberg stated that this is a straightforward report and it does not show any particular issues, as this is the first quarter financial report. He explained that the biennial budget makes financial reporting more complex and has caused some confusion, but he is comfortable with the change to biennial. ORDINANCES RESOLUTIONS AND CONTRACTS 1. First reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 9.16 to require dog licensing and declare certain dog behaviors to be public nuisances" and move on to second reading City Attorney Dave Lohman explained that the proposed ordinance is a result of prior discussion by council and concern with the increase of dogs in the downtown area. Mr. Lohman went over the proposed changes within the ordinance. He explained that the ordinance is less lenient that the county licensing law and provided examples of what dog behaviors would constitute a public nuisance. Mr. Lohman stated that there was a change by staff under 9.16.005 Definitions (F) language should be changed to be consistent with State Law by removing "domestic" and replacing with "companion dog or livestock." Staff will make this change for the second reading of the ordinance. Police Chief Tighe O'Meara explained that enforcement for a dog without a license would be complaint driven as there was no practical way to stop anyone with a dog to determine if they are licenses or not. He stated that there was a compelling reason for an officer to stop an individual with a dog this could be part http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=6164&Print=Ttve 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 4 of 4 of the investigation. He clarified that dogs are not allowed on the Plaza and that would fall within the compelling reason to inquire if the dog was licensed and he understood that the ordinance stated that proof of vaccination could be used in lieu of a license. Assistant City Attorney Doug McGeary clarified that Jackson County requires that all dogs be licensed. They do allow a 30-day window for licensing of dogs. The proposed ordinance only pertains to vaccination of dogs and it was noted that there are several agencies in the area that offer free vaccinations. He further stated that the proposed ordinance does provide for automatic dismissal of citation if proof of vaccination can be provided. This could be done either in person at the Court or by mail. Sandra Slattery/Ashland Chamber of CommercelSpoke for a collective group that supports all the proposed ordinances, as they will protect our citizens and our businesses. She offered thanks to the council for listening and understands that this is a behavioral problem and a community issue. She offered the help and assistance of the Ashland Chamber of Commerce. Staff will provide a definition for "vicious dogs" at second reading for council to consider. Councilor MarshlSeffinger mis to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Marsh understands that this is an appropriate ordinance and believes that our officers will use it appropriately. Councilor Seffinger stated that vaccination is important and that this protects our citizens. Roll Call Vote: Lemhouse, Morris, Rosenthal, Marsh and Seffinger, YES; Voisin, NO. Motion passed 5-1. 2. First reading by title only of an ordinance titled, "An ordinance amending Chapter 10.120.020 to add two offenses as possible elements of the crime of persistent violation" and move on to second reading City Attorney Dave Lohman presented staff report, which included an explanation on the current ordinance in place involving persistent violation. The proposed ordinance adds two additional elements that would qualify under persistent violation within a six-month period. The two elements are failing to have a dog licensed and smoking marijuana in public. Police Chief Tighe O'Meara stated that he does not have current numbers of citations issued for smoking marijuana in public, but does confirm that it has increased significantly since it became legal in the state... Staff will look at how misdemeanors are listed and will bring change back any changes at second reading if needed for council consideration. Deb Van Peelen1321 N Mountain/Commented on questions brought forward by the mayor on the behavior of certain individuals. She stated that she is more concerned by global issues than individual behavior and that Ashland businesses http:/hvww.ashland.or.us/Agendas.asp?Display=Minutes&AMID=6164&Print=Tnie 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 5 of 8 are not a good business model for a friendly and respectful atmosphere. She spoke regarding her concern on consumption of fossil fuels and would like to see our city challenged more in a global way. Debbie Miller/160 Normal Street/Spoke in support of proposed ordinances and stated that she does not condone disruptive behavior in her own home and that we should not condone this type of behavior our community. She felt that all residents and visitors are being affected by this obnoxious behavior including the danger of having unvaccinated dogs and that rabies is a serious public health issue. She thought that officers should be able to confirm licensing via the website and that tags are not necessarily proof of licensing as these could have been stolen. She urged the council to adopt all proposed ordinances that people could either abide by the city polices or leave. She felt there should be juridical consequences. Councilor Seffinger/Lemhouse m/s to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Seffinger emphasized the importance of moving forward and making our city safer. Councilor Lemhouse supported the motion and that - adding the dog issue to persistent violations is appropriate. He felt that it is fair to apply this to all equally and the smoking of marijuana in public is an obvious violation to add. Councilor Voisin motion to split motion between the two offences. Motion died due to lack of second. Continued discussion on motion: Councilor Morris stated that including the dog violation is important but is concerned with moving the smoking of marijuana in public as it could affect the outer areas of downtown. Councilor Voisin could not support the motion if it included the dog violations because she felt there would be enforcement issues. She did support including smoking of marijuana in public as a violation. Roll Call Vote: Lemhouse, Voisin, Marsh, Rosenthal, Morris and Seffinger, YES. Motion passed. 3. First reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 10.120.010 to add Bill Patton Garden to existing enhanced law enforcement area" and move on to second reading City Attorney Dave Lohman presented staff report and explained the additional areas that have been experiencing increased behavior issues. Police Chief Tighe O'Meara explained that there is a long history of problems in this area and that it should have been included initially. This would correct the omission. Assistant City Attorney Doug McGeary explained that the original map omitted this area and it had been problematic for officers to determine the enhancement area. Chief O'Meara clarified that park patrol has the ability to cite if anyone is found to violate park rules. He stated that Park Rules are stricter and do apply to all city http://w,~nnv.ashland.or.us/Agendas.asp?Display=Minutes&AMID=6164&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes page 6 of 8 parks. He also stated that there had not been any significant calls for service at the library or the bus stop at this location. Councilor Lemhouse/Marsh m/s to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Lemhouse that is an evolution and that a larger area could be considered if it were a reasonable addition. Councilor Marsh felt that was a good step forward and that it would provide good tools for our officers to use. She stated that there is a larger comprehensive issue for the downtown area. That we should reclaim our public space so that we all feel safe. She does not feel that this will solve the problem but is a helpful tool. Councilor Voisin supports the ordinance but felt there needed to be better control of violations. She voiced her concern with the enhancement area and does not feel that this will change behavior issues. She felt that this was a societal problem and that it is not just downtown but the whole community. Roll Call Vote: Morris, Seffinger, Voisin, Marsh, Lemhouse and Rosenthal, YES. Motion passed. 4. First reading by title only of an ordinance titled, "An ordinance amending AMC 9.08.010 and 9.08.040 concerning keeping of animals" and move on to second reading City Attorney Dave Lohman presented staff report that included language about bringing livestock to the downtown area. The purpose of this ordinance is to clarify that large farm animals, without a permit, is not appropriate in the city. Police Chief Tighe O'Meara explained that there have been circumstances that warrant this proposed amendment. He stated that horses do not have a place in the downtown area unless there is a parade happening as this could be a dangerous and legitimate public safety issue. Mr. Lohman stated that it would be difficult to exclude horses and staff will bring back language for the council to consider that may help on enforcement. Councilor Voisin/Rosenthal m/s to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Voisin supported the ordinance and understands that livestock does not belong in the downtown area. Councilor Rosenthal stated that this is meaningful action that protects the community and supports health and safety. Councilor Lemhouse/Marsh mis to amend motion to exclude horses from the list of excluded animals. DISCUSSON: Councilor Lemhouse explained that there still rural areas within our community and that it may be a generation issue. Horses could be considered an alternative transportation and that it is important to protect the rural history of Ashland. Staff was directed to bring back a proposal that would allow horses but keep them out of areas that would be considered a safety issue. Councilor Marsh agreed that only in certain areas that are appropriate. Councilor Voisin did not support removing horses from the last as she felt that it would be safety issue and http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=6164&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes page 7 of 8 that the city should be consistent. Councilor Morris supported the amendment but voiced concern with excluding horses. He did understand that there are still areas surrounding the city that are rural and there may need to be an exemption for these types of situations. Roll Call Vote: Lemhouse, Morris, Rosenthal, Marsh and Seffinger, YES; Voisin, NO. Motion passed 5-1. Roll Call Vote on amended motion: Lemhouse, Morris, Rosenthal, Marsh and Seffinger, YES; Voisin, NO. Motion passed 5-1. 5. First reading by title only on an ordinance titled, "An ordinance amending AMC 9.18.020 to include additional definitions of behavior constituting elements of chronic nuisance" and move on to second reading Fire Division Chief Margueritte Hickman presented the staff report and shared her experience involving the dangers of pyrotechnics. She felt strongly that we should prevent this from happening in our community. She explained that inspections have found safety issues in our local bars and nightclubs. She felt that it was appropriate to include these types of violations in the chronic nuisance ordinance, as the impact to business would be more than just a cost of doing business for those that are found in violation. The proposed ordinance would add two fire violations to the chronic nuisance ordinance and would provide greater incentive to owners to comply as failure to comply could prevent them from operating their business on site. Police Chief Tighe O'Meara stated that this past Halloween night was quiet and Ms. Hickman stated that there were no incidents of overcrowding. It was clarified that all incidents, including Fire Department incidents would be included with Police incidents when considering violations. It was felt that this is an enhanced tool to help deal with problematic businesses in the downtown area. Councilor Lemhouse/Seffinger mis to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Lemhouse stated that the addition of fire violations was important and would help with chronic nuisance offenders. Councilor Marsh agreed that this would provide more tools for law enforcement and sends a message to business owners that the city is serious about enforcement Councilor Voisin voiced her support for the ordinance. Roll Call Vote: Voisin, Seffinger, Morris, Lemhouse, Rosenthal and Marsh, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS Councilor Lemhouse announced Ashland High School (AHS) Grizzly activities including past AHS student Jeremy Guthrie whose team won the Baseball World Series. The girl's soccer team will be in Hood River, girl's volleyball in Portland, boy's football this Friday playing Bend High School, which will be held at the Southern Oregon University field. It was noted that Councilor Rosenthal would be the guest announcer for this game. llttp://bVWW.asl11ai1d.or.us/Agendas.asp?Display-Minutes&AMID=6164&Print-True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 8 of 8 Councilor Voisin announced the ORS annual sleep out in tents this coming Saturday at Lincoln School field. The evening of Saturday the Peace House will hold a celebration for Ruth Couthart recognizing her community involvement. Councilor Rosenthal announced that the Ad Hoc Climate and Energy Committee would be meeting tomorrow at 2 p.m. to finalize their kick-off event scheduled for November 15 at 4 p.m. at the Ashland Historic Armory. More information can be found at ashiandclimagechallenge.org City Administrator Dave Kanner announced that electric utility discussion scheduled for the November 16 Study Session would be postponed until February. ADJOURNMENT OF BUSINESS MEETING Meeting was adjourned at 9:33 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor PRINT CLOSE http://www,aslilaiid.or.us/Agendas.asp?Display=Minutes&AMID=6161&Print=True 11/9/2015 CITY OF ASHLAND Council Communication November 17, 2015, Business Meeting Second Reading of an Ordinance Amending AMC Chapter 10.120.020 To Add Two Offenses as Possible Elements of the Crime of Persistent Violation FROM: David Lohman, City Attorney, david.lohman@ashland.or.us SUMMARY: The City Council, at its regular meeting on November 3, 2015, approved the first reading of a proposed ordinance to add two offenses to the list of violations already includable as elements of Persistent Violation in AMC 10.120.020: (1) failure by a dog keeper to have a license or certificate of rabies vaccination for the dog; and (2) use of marijuana in a public place. BACKGROUND AND POLICY IMPLICATIONS: Under current AMC Chapter 10.120 a person convicted of multiple specified crimes or violations within the City's Enhanced Law Enforcement Area within a six-month period can be found to have committed the crime of persistent violation. Following a conviction for persistent violation, the Court can expel the offender from the Enhanced Law Enforcement Area for not less than three months or more than one year. Expelling a persistent violator from a portion of the downtown appears to serve as a deterrent to certain unlawful conduct by some offenders for whom the possibility of fines or incarceration is not a significant disincentive. The proposed amendment would add failure to have a dog licensed (or vaccinated in lieu of licensing) and unlawful use of marijuana in a public place to the list of offenses includable as elements of persistent violation. City of Ashland law enforcement officers have observed a marked increase in recent years in the number of unlicensed dogs in the downtown area. With a few minor exceptions, Jackson County requires that all dogs be licensed. Licensing a dog assures that a person or other animal that the dog happens to bite will not contract rabies. At least in Jackson County, vaccination against rabies is a prerequisite for obtaining a dog license. The Council is considering at this November 3, 2015 business meeting a new provision concerning nuisance dogs, proposed AMC 9.16.015, which would, in effect, require that dogs in public places must have been vaccinated against rabies, unless they are puppies. If Council approves proposed AMC 9.16.015, it may want to take the additional step of making failure to comply with it a new item among the list of offenses that can accumulate to constitute the crime of persistent violation. Ensuring to the extent possible that dogs found in the part of the city with the highest concentration of dogs and people, the downtown area demarcated as an Enhanced Law Enforcement Area, are not carriers of rabies, will contribute to the health, safety, and sense of security of downtown pedestrians. Page l of 2 ~r, CITY OF ASHLAND Another recent development noted by Ashland law enforcement officers has been the substantial increase in marijuana smoking within the Enhanced Law Enforcement Area. A ban on consuming marijuana was included as Section 54 in Ballot Measure 91, which Oregon voters approved in November 2014. Adding the offense of unlawful marijuana use in public as another item among the list of offenses that can accumulate to constitute the crime of persistent violation likely would help deter commission of this offense in the downtown area by persons for whom fines or incarceration are not effective disincentives. COUNCIL GOALS SUPPORTED: 23. Public Safety FISCAL IMPLICATIONS: N/A. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of second reading. SUGGESTED MOTION: Move to approve second reading and adopt the ordinance titled "An Ordinance Amending AMC Chapter 10.120.020 To Add Two Offenses as Possible Elements of the Crime of Persistent Violation". ATTACHMENTS: l) Proposed Ordinance 2) Minutes of November 3, 2015: http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=6164 Page 2 of 2 Imo, ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10.120.020 TO ADD TWO OFFENSES AS POSSIBLE ELEMENTS OF THE CRIME OF PERSISTENT VIOLATION Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined throu and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, City of Ashland law enforcement has experienced an increase of dog keepers not attending to their dogs or their dogs' disruptive or dangerous behaviors and some keepers are not licensing their dogs or vaccinating them against rabies in violation of AMC 9.16.015 and Jackson County Code 6.12.03; and WHEREAS, the City of Ashland law enforcement has noted that Enhanced Law Enforcement Area is experiencing unlicensed and possibly unvaccinated dogs in particular and is becoming an attraction for more such activity; and WHEREAS, with the passage of Oregon Measure 91 legalizing conditional use of marijuana, City of Ashland law enforcement has experienced an increase of public use of marijuana in violation of state law; and WHEREAS, the City of Ashland law enforcement has noted that Enhanced Law Enforcement Area is experiencing unlawful use of marijuana in particular and is becoming an attraction for more such activity. THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 10.120.020 is amended as follows: A. The person is convicted in Ashland Municipal Court for any combination of the following crimes or violations occurring in separate incidents within a six month period within an enhanced law enforcement area: Ordinance No. Page 1 of 3 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 City of Ashland, Oregon - Agendas And Minutes Page 1 of 8 City of Ashland, Oregon / City Council Tuesday, November 03, 2015 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 3, 2015 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Lemhouse, Seff inger, Rosenthal and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor announced that the City is taking applications for the Annual Appointments to the Citizen Budget Committee and Municipal Audit Commission. The deadline for applications is November 13. APPROVAL OF MINUTES The minutes of the Study Session of October 19, 2015 and Business Meeting of October 20, 2015 were approved as presented, SPECIAL PRESENTATIONS & AWARDS General Manager Robert Colvin representing Central Oregon Railroad (CORP) announced that the line through Ashland will reopen to establish a freight line between Medford, Oregon and Weed, California. Train movements will begin tomorrow and will run in the afternoon. He explained that there are no set train schedules at this time for the next couple of years. In 2016, the line will be operated at a minimum of 5 days a week, two trains a day through Ashland. No exact timelines are known at this time other than one in the morning and one in the afternoon. Signals and low blown horns will be used for safety reasons and these are being tested currently and for the next couple of months. He stated that the standard speed is set at 25mph and that historically the speed through Ashland has been 20mph and he anticipates that in the beginning the speed will be closer to 10mph. PUBLIC FORUM Trina Sanford/640 Tolman Creek Rd/Spoke as a property owner on Tolman Creek and that the transient problem is not just a Plaza issue. She shared her concern that council will not give this area equal attention. She was aware of a homeless camp in our watershed and would not allow her children in the area for safety reasons. There are many reasons for concern including human defecation and fire issues. http:Hwww.ashland.or.us/Agendas.asp?Display=Minutes&AMID=6164&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 2 of 8 Daniel Gregg1195 Mobile Drive/Spoke regarding the cleanup of the railroad property and suggests that the council create a conference site in this area and park area. He would like to speak to someone about the property and what procedures would be necessary to bring a proposal forward. Zach Brombacher/640 Tolman Creek Rd/Commented about the problems he has had with the transient population and asked that something be done. He feels that citizens have "had enough" and that this issue has gotten out of hand. Asks that all abide by the law in order for all to enjoy our community. Suggested that this be put to a vote by the electorates that all abide by the law. Ellen Campbell/120 Gresham Street/Appreciates that the council is taking this seriously and that there are many stakeholders involved. Suggested employing ambassadors that will help to education and provide guidance to those that need assistance. She stated that citizens should be allowed to enjoy their community and they should not have to put up with those that will not abide to the law. JC Romero/Stated that he is a member of the community and does what he can to help by volunteering and cleaning up after others. He felt that the focus should not be on how to exclude members of the community but how to help them. He stated any further ordinances are not necessary. Alice Mallory/438 Taylor Street/Spoke regarding those human beings that are not "travelers." She comments on the previous testimony about sexual harassment, intimidation, and other actions that affect our quality of life. She does not understand how civil liberties for those that violate take precedence over those that do not violate our quality of life. She suggested that our community take a lead to petition our legislators that they provide protection and civil liberties to law-abiding citizens in order to walk in a safe environment on our city streets. Huelz Gutcheon/2253 Hwy 99/Stated his appreciation for affordable housing but does not understand the aggressive nature of some of the homeless currently in our community. CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Appointment of Stephen Jensen to the Forest Lands Commission 3. Approval of a resolution titled, "A resolution adopting a supplemental budget increasing appropriations within the 2015-17 Biennium budget" 4. Approval of a change order in excess of 25% for the oxidation ditch wetland delineation Consent agenda item 3 was pulled for discussion and minor amendment. City Administrator Dave Kanner stated that under Section 1, Equipment Fund, the appropriation for Public Works should be $440,000, which also changes the total all funds to $563,588. http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=6164&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 3 of 8 Administrative Services/Finance Director Lee Tuneberg explained that there is no bottom line impact associated with the transfer of appropriations. Councilor Voisin/Marsh m/s to approve Consent Agenda items with amendment to item #3 correcting the appropriated amount. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS (None) UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Biennium 2015-2017 first quarterly financial report City Administrator Dave Kanner conveyed to the council that the first quarter financial report is not usually very revealing but that staff looks for deviations within the report. He stated that he reviews the major revenue streams, which include utility billing revenue and suggested that in the future staff could flag certain items and report on those. Administrative Services/Finance Director Lee Tuneberg stated that this is a straightforward report and it does not show any particular issues, as this is the first quarter financial report. He explained that the biennial budget makes financial reporting more complex and has caused some confusion, but he is comfortable with the change to biennial. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. First reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 9.16 to require dog licensing and declare certain dog behaviors to be public nuisances" and move on to second reading City Attorney Dave Lohman explained that the proposed ordinance is a result of prior discussion by council and concern with the increase of dogs in the downtown area. Mr. Lohman went over the proposed changes within the ordinance. He explained that the ordinance is less lenient that the county licensing law and provided examples of what dog behaviors would constitute a public nuisance. Mr. Lohman stated that there was a change by staff under 9.16.005 Definitions (F) language should be changed to be consistent with State Law by removing "domestic" and replacing with "companion dog or livestock." Staff will make this change for the second reading of the ordinance. Police Chief Tighe O'Meara explained that enforcement for a dog without a license would be complaint driven as there was no practical way to stop anyone with a dog to determine if they are licenses or not. He stated that there was a compelling reason for an officer to stop an individual with a dog this could be part http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=6164&Print=Tike 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 4 of 3 of the investigation. He clarified that dogs are not allowed on the Plaza and that would fall within the compelling reason to inquire if the dog was licensed and he understood that the ordinance stated that proof of vaccination could be used in lieu of a license. Assistant City Attorney Doug McGeary clarified that Jackson County requires that all dogs be licensed. They do allow a 30-day window for licensing of dogs. The proposed ordinance only pertains to vaccination of dogs and it was noted that there are several agencies in the area that offer free vaccinations. He further stated that the proposed ordinance does provide for automatic dismissal of citation if proof of vaccination can be provided. This could be done either in person at the Court or by mail. Sandra Slattery/Ashland Chamber of Commerce/Spoke for a collective group that supports all the proposed ordinances, as they will protect our citizens and our businesses. She offered thanks to the council for listening and understands that this is a behavioral problem and a community issue. She offered the help and assistance of the Ashland Chamber of Commerce. Staff will provide a definition for "vicious dogs" at second reading for council to consider. Councilor Marsh/Seffinger m/s to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Marsh understands that this is an appropriate ordinance and believes that our officers will use it appropriately. Councilor Seffinger stated that vaccination is important and that this protects our citizens. Roll Call Vote: Lemhouse, Morris, Rosenthal, Marsh and Seffinger, YES; Voisin, NO. Motion passed 5-1. 2. First reading by title only of an ordinance titled, "An ordinance amending Chapter 10.120.020 to add two offenses as possible elements of the crime of persistent violation" and move on to second reading City Attorney Dave Lohman presented staff report, which included an explanation on the current ordinance in place involving persistent violation. The proposed ordinance adds two additional elements that would qualify under persistent violation within a six-month period. The two elements are failing to have a dog licensed and smoking marijuana in public. Police Chief Tighe O'Meara stated that he does not have current numbers of citations issued for smoking marijuana in public, but does confirm that it has increased significantly since it became legal in the state... Staff will look at how misdemeanors are listed and will bring change back any changes at second reading if needed for council consideration. Deb Van Peelen/321 N Mountain/Commented on questions brought forward by the mayor on the behavior of certain individuals. She stated that she is more concerned by global issues than individual behavior and that Ashland businesses littp://,,v~vw.ashland.or.us/Agendas.asp?Display-Minutes&AMID=6164&Print=TI1te 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 5 of 8 are not a good business model for a friendly and respectful atmosphere. She spoke regarding her concern on consumption of fossil fuels and would like to see our city challenged more in a global way. Debbie Miller/160 Normal Street/Spoke in support of proposed ordinances and stated that she does not condone disruptive behavior in her own home and that we should not condone this type of behavior our community. She felt that all residents and visitors are being affected by this obnoxious behavior including the danger of having unvaccinated dogs and that rabies is a serious public health issue. She thought that officers should be able to confirm licensing via the website and that tags are not necessarily proof of licensing as these could have been stolen. She urged the council to adopt all proposed ordinances that people could either abide by the city polices or leave. She felt there should be juridical consequences. Councilor Seffinger/Lemhouse m/s to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Seffinger emphasized the importance of moving forward and making our city safer. Councilor Lemhouse supported the motion and that adding the dog issue to persistent violations is appropriate. He felt that it is fair to apply this to all equally and the smoking of marijuana in public is an obvious violation to add. Councilor Voisin motion to split motion between the two offences. Motion died due to lack of second. Continued discussion on motion: Councilor Morris stated that including the dog violation is important but is concerned with moving the smoking of marijuana in public as it could affect the outer areas of downtown. Councilor Voisin could not support the motion if it included the dog violations because she felt there would be enforcement issues. She did support including smoking of marijuana in public as a violation. Roll Call Vote: Lemhouse, Voisin, Marsh, Rosenthal, Morris and Seffinger, YES. Motion passed. 3. First reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 10.120.010 to add Bill Patton Garden to existing enhanced law enforcement area" and move on to second reading City Attorney Dave Lohman presented staff report and explained the additional areas that have been experiencing increased behavior issues. Police Chief Tighe O'Meara explained that there is a long history of problems in this area and that it should have been included initially. This would correct the omission. Assistant City Attorney Doug McGeary explained that the original map omitted this area and it had been problematic for officers to determine the enhancement area. Chief O'Meara clarified that park patrol has the ability to cite if anyone is found to violate park rules. He stated that Park Rules are stricter and do apply to all city http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=6164&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 6 of 8 parks. He also stated that there had not been any significant calls for service at the library or the bus stop at this location. Councilor Lemhouse/Marsh m/s to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Lemhouse that is an evolution and that a larger area could be considered if it were a reasonable addition. Councilor Marsh felt that was a good step forward and that it would provide good tools for our officers to use. She stated that there is a larger comprehensive issue for the downtown area. That we should reclaim our public space so that we all feel safe. She does not feel that this will solve the problem but is a helpful tool. Councilor Voisin supports the ordinance but felt there needed to be better control of violations. She voiced her concern with the enhancement area and does not feel that this will change behavior issues. She felt that this was a societal problem and that it is not just downtown but the whole community. Roll Call Vote: Morris, Seffinger, Voisin, Marsh, Lemhouse and Rosenthal, YES. Motion passed. 4. First reading by title only of an ordinance titled, "An ordinance amending AMC 9.08.010 and 9.08.040 concerning keeping of animals" and move on to second reading City Attorney Dave Lohman presented staff report that included language about bringing livestock to the downtown area. The purpose of this ordinance is to clarify that large farm animals, without a permit, is not appropriate in the city. Police Chief Tighe O'Meara explained that there have been circumstances that warrant this proposed amendment. He stated that horses do not have a place in the downtown area unless there is a parade happening as this could be a dangerous and legitimate public safety issue. Mr. Lohman stated that it would be difficult to exclude horses and staff will bring back language for the council to consider that may help on enforcement. Councilor Voisin/Rosenthal m/s to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Voisin supported the ordinance and understands that livestock does not belong in the downtown area. Councilor Rosenthal stated that this is meaningful action that protects the community and supports health and safety. Councilor Lemhouse/Marsh m/s to amend motion to exclude horses from the list of excluded animals. DISCUSSON: Councilor Lemhouse explained that there still rural areas within our community and that it may be a generation issue. Horses could be considered an alternative transportation and that it is important to protect the rural history of Ashland. Staff was directed to bring back a proposal that would allow horses but keep them out of areas that would be considered a safety issue. Councilor Marsh agreed that only in certain areas that are appropriate. Councilor Voisin did not support removing horses from the last as she felt that it would be safety issue and http://~,vww.ashland.or.us/Agendas.asp?Display=Minutes&AMID=6164&Print-True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 7 of 8 that the city should be consistent. Councilor Morris supported the amendment but voiced concern with excluding horses. He did understand that there are still areas surrounding the city that are rural and there may need to be an exemption for these types of situations. Roll Call Vote: Lemhouse, Morris, Rosenthal, Marsh and Seffinger, YES; Voisin, NO. Motion passed 5-1. Roll Call Vote on amended motion: Lemhouse, Morris, Rosenthal, Marsh and Seffinger, YES; Voisin, NO. Motion passed 5-1. 5. First reading by title only on an ordinance titled, "An ordinance amending AMC 9.18.020 to include additional definitions of behavior constituting elements of chronic nuisance" and move on to second reading Fire Division Chief Margueritte Hickman presented the staff report and shared her experience involving the dangers of pyrotechnics. She felt strongly that we should prevent this from happening in our community. She explained that inspections have found safety issues in our local bars and nightclubs. She felt that it was appropriate to include these types of violations in the chronic nuisance ordinance, as the impact to business would be more than just a cost of doing business for those that are found in violation. The proposed ordinance would add two fire violations to the chronic nuisance ordinance and would provide greater incentive to owners to comply as failure to comply could prevent them from operating their business on site. Police Chief Tighe O'Meara stated that this past Halloween night was quiet and Ms. Hickman stated that there were no incidents of overcrowding. It was clarified that all incidents, including Fire Department incidents would be included with Police incidents when considering violations. It was felt that this is an enhanced tool to help deal with problematic businesses in the downtown area. Councilor Lemhouse/Seffinger m/s to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Lemhouse stated that the addition of fire violations was important and would help with chronic nuisance offenders. Councilor Marsh agreed that this would provide more tools for law enforcement and sends a message to business owners that the city is serious about enforcement Councilor Voisin voiced her support for the ordinance. Roll Call Vote: Voisin, Seffinger, Morris, Lemhouse, Rosenthal and Marsh, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Lemhouse announced Ashland High School (AHS) Grizzly activities including past AHS student Jeremy Guthrie whose team won the Baseball World Series. The girl's soccer team will be in Hood River, girl's volleyball in Portland, boy's football this Friday playing Bend High School, which will be held at the Southern Oregon University field. It was noted that Councilor Rosenthal would be the guest announcer for this game. http:/hvtvvv.ashlatid.or.us/Agendas.asp?Display=Minutes&AMID=6164&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 8 of 8 Councilor Voisin announced the ORS annual sleep out in tents this coming Saturday at Lincoln School field. The evening of Saturday the Peace House will hold a celebration for Ruth Couthart recognizing her community involvement. Councilor Rosenthal announced that the Ad Hoc Climate and Energy Committee would be meeting tomorrow at 2 p.m. to finalize their kick-off event scheduled for November 15 at 4 p.m. at the Ashland Historic Armory. More information can be found at ashlandclimagechallenge.org City Administrator Dave Kanner announced that electric utility discussion scheduled for the November 16 Study Session would be postponed until February. ADJOURNMENT OF BUSINESS MEETING Meeting was adjourned at 9:33 p,m. Barbara Christensen, City Recorder John Stromberg, Mayor PRINT CLOSE http://www,ashland.or,us/Agendas.asp?Display=Minutes&AMID=6164&Pritit='T'rue 11/9/2015 CITY OF ASHLAND Council Communication November 17, 2015, Business Meeting Second Reading of an Ordinance Amending AMC Chapter 10.120.010 to Add Bill Patton Garden To Existing Enhanced Law Enforcement Area FROM: David Lohman, City Attorney, lohmand (ci)ash land. or. us SUMMARY At the November 3, 2015, meeting, Council approved the first reading of amendments to include the Bill Patton Garden as part of the Enhanced Law Enforcement Area referenced in the ordinance establishing the crime of persistent violation in AMC 10.120. BACKGROUND AND POLICY IMPLICATIONS: Under current AMC Chapter 10.120 Persistent Violations, a person convicted of multiple specified crimes or violations in any six consecutive months within a portion of the downtown designated as an Enhanced Law Enforcement Area ("ELEA") can be found to have committed the crime of persistent violation. Following a conviction for persistent violation, the Court can expel the offender from the ELEA for not less than three months or more than one year. Similarly, under AMC 10.125 a person who has been ordered to appear in court three or more times within a 12 month period and has failed to do so can be expelled by the Court from the FLEA (or from any other area of the city where the person's alleged offenses have occurred). The current boundaries of the ELEA are shown on the map in Attachment 2, which also identifies the Bill Patton Garden. The initial boundaries of the ELEA were based on inclusion of areas where certain types of unlawful activity have occurred frequently and where the possibility of expulsion from the area was expected to have a beneficial deterrent effect. Based on Ashland Police Department ("APD") counts of crimes and violations in the ELEA and on anecdotal evidence from APD officers and the Legal Department attorney serving as prosecutor in Ashland Municipal Court, the possibility of expelling a persistent violator from a portion of the downtown does appears to serve as a deterrent to certain unlawful conduct by some offenders for whom the possibility of fines or incarceration is not a significant disincentive. Over the last year or so, APD officers have relatively frequently encountered individuals engaged in illegal conduct congregated in the Bill Patton Garden. The Garden borders the current ELEA but is secluded enough to be an attractive spot for conducting the types of offenses the Persistent Violations ordinance was intended to address. The proposed amendment would include the Bill Patton Garden as part of Ashland's Enhanced Law Enforcement Area. Page 1 of 2 Ir, CITY OF ASHLAND COUNCIL GOALS SUPPORTED: 23. Public Safety FISCAL IMPLICATIONS: N/A. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends council approval of Second Reading and adoption of the ordinance. SUGGESTED MOTION: Move to approve second reading and adopt the ordinance titled "An Ordinance Amending AMC Chapter 10.120.010 To Add Bill Patton Garden to Existing Enhanced Law Enforcement Area". ATTACHMENTS: 1) Proposed Ordinance; 2) Exhibit "A" Map - Enhanced Law Enforcement Area, with Bill Patton Garden added; 3) Minutes: June 5 and June 19, 2012: http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=4983 http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=4971 4) Council Communication: June 19, 2012 http://www.ashland.or.us/Page.asp?Nav1D=14947 5) Minutes: November 3, 2015: http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=6164 Page 2 of 2 Ir, ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 10.120.010 TO ADD BILL PATTON GARDEN TO EXISTING ENHANCED LAW ENFORCEMENT AREA Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined thffouglh and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the Cites. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, Bill Patton Garden area is adjacent to the existing Enhanced Law Enforcement Area and although public is heavily landscaped and secluded from public view; and WHEREAS, Bill Patton Garden is experiencing increased unlawful activity and becoming an attraction for more such activity; and WHEREAS, City of Ashland law enforcement considers it is necessary to include the Bill Patton Garden to protect the public against health and welfare hazards posed by persons who are attracted to Bill Patton Garden: THEREFORE:, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 10.120.01013.1) is amended as follows: 10.120.010 Enhanced Law Enforcement Area and Persistent Violations, Misdemeanor A. It is the intent of the City Council to protect discrete areas within the City that are experiencing increased unlawful activity against becoming an attraction for more such activity and to protect the public against health and welfare hazards posed by persons who are attracted to these areas for opportunity to engage in or to contact others to engage in unlawful activity. B. The City Council finds that the following geographic areas within the City are particularly affected by unlawful behavior and/or are subject to a disproportionate number of incidents of the unlawful activities comprising persistent violation as defined in AMC 10.120.020 below, and declares each such area to be an enhanced law enforcement area: Ordinance No. Page 1 of 2 1) Downtown Enhanced Law Enforcement Area, inclusive of Bill Patton Garden Exhibit A; SECTION 3. Savings. Notwithstanding this amendment, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code, and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered or re-lettered, provided however, that any Whereas clauses and boilerplate provisions, i. e., Sections 3-5 need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2015, and duly PASSED and ADOPTED this day of _ , 2015. Barbara. M. Christensen, City Recorder SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 2 of 2 1S yltfi7p~ ~ ///w L •ay! ~l BLS Q?U1iJ w WZ J~ o q" 0 70 W p~ x ~ U w ZS QJ"Is IltHS~21' O N A = O O C 0W pra o ~ 0 0 N ~ O 4' Q a 1 R t ~ I a a~ W Z U7 ~S~LlNb?t EXCERPT FROM MINUTES OF ASHLAND CITY COUNCIL STUDY SESSION JUNE 5, 2012 3. First Reading of an ordinance titled, "An Ordinance Amending AMC Chapter 10 Public Peace, Morals, and Safety by Adding Sections 10.120 `Persistent Violations' and 10.125 `Persistent Failure to Appear'." and First Reading of an ordinance titled, "An Ordinance Amending AMC Chapter 1.08 General Penalties, Section 1.08.005F., 1.08.0101A.(1), and 1.08.020 to Effectuate Proposed Ordinance Adding AMC 10.120 `Persistent Violation' and AMC 10.125 `Persistent Failure to Appear'." Councilor Slattery disclosed his wife was the Executive Director of the Ashland Chamber of Commerce and declared there was neither an actual nor a potential conflict of interest regarding the matter. Police Chief Terry Holderness described the map areas that depicted 10 reporting districts. Area 4 was one of the smaller reporting districts and was located downtown. This section received 4,000 or 40% of the calls to the police as compared to the largest district, Area 1 that received 7,000 calls for service over the past year. Statistics showed 500 citations or arrests were made in Area 4 with 462 in Area 1. The second largest district, Area 10, had a total of 256 arrests and citations over the past year. Area 4 had 35 repeat offenders and Area 10 had 18. The significant concentration of repeat offenses in the downtown area justified the ordinance. The ordinance would create two new violations, persistent violations that required someone to commit three violations of criminal statues or ordinances in the downtown area within a 6-month period. The second was persistent failure to appear and required someone to commit three violations of failure to appear within a 12-month period. Chief Holderness described the process for both ordinances and how the Municipal Court Judge retained the discretion not to use exclusion. He recommended removing illegal camping from both ordinances, it was not a common offense, and the community thought it targeted the homeless. The range of offenses in the downtown area consisted of vandalism, public drinking, and use of narcotics, urinating, and disorderly conduct. The ultimate goal was less criminal behavior in the downtown area. Chief Holderness clarified they did not have many repeat offenders who were students or minors skateboarding on the sidewalks. Students concerned with maintaining good credit and minors having to appear in court with their parents served as deterrents. Councilor Slattery/Lemhouse m/s to postpone the opt out policy for the automated meter reading program to the June 19, 2012 Council meeting. Voice Vote: YES. Motion passed. Lisa Beam/400 Liberty Street/Thought it was interesting the discussion during the meeting had moved from quality of life to those who choose not to be respectful. If the ordinance was what it took to change a person's decision-making, it was a good move for everyone. Giving someone three opportunities was more than adequate and she hoped people saw it as a positive in the downtown area. Helga Motley/693 Clay Street/Shared a personal experience with a persistent violator who drank in public because he was not allowed to drink at home. She was not frightened or offended by his presence but voiced concern about petty ordinances that people cannot help Page 1 of 6 but offend. She was reluctant to judge people for offending her sensibilities and did not want the downtown to become a reverse ghetto where only nice things occurred. Allan Peterson/807 Beach Street/Thought the ordinance criminalized alcohol, littering, and carnping to rid the downtown of unsightly elements. It would move the unwanted to other areas like the Ashland Food Co-op. Raising a nuisance to the level of misdemeanor was not how he wanted issues that were occurring across the nation addressed. Cate Hartzell/892 Garden Way/Submitted a document into the record, shared 2011 citation statistics for illegal camping in 2011, and hoped Council would remove illegal camping from the ordinance. She read comments from a letter the American Civil Liberties Union (ACLU) was sending to Council that recommended the ordinance have a reporting requirement, a sunset clause and the City analyze if the ordinance moved targeted conduct to other parts of the city. Frances Dunham/807 Beach StreetlWas new to Ashland, and had never encountered rude behavior by the diverse people she met in town or seen trouble. She thought the ordinance was distressing, mean spirited, and not honest. If the intention was to protect peace, morals and safety, why was there worry regarding open containers or sleeping? What she wanted corrected was people violating pedestrian crosswalks and running stoplights. Keith Haxton/110 7th Street/Noted the ordinance was complaint driven and the only complaints he had seen were in the report submitted by Chamber of Commerce, all anonymous. He thought sleeping outdoors was a crime of status and asked Council to remove illegal camping from the ordinance. The other behaviors cited in the ordinance would move to different areas and continue. Leigh Madison/176 Orange Avenue/Equated repeat offenders cited for open containers to the public drinking that occurred during First Friday Art Walk nights and wondered how many people received citations for alcohol during those events. He questioned the fairness and thought the ordinance targeted the poor and homeless. Sandra Coyner/1160 Fern Street/Agreed with the rationale of dealing with repeat offenders but did not think the ordinance would achieve those goals. The majority of people who were repeat offenders were homeless and alcoholics. She supported the persistent failure to appear ordinance but did not think the police and judicial system should have to enforce quality of life and being respectful. Jesse Sharpe/2227 Dollarhide Way/Urged the City to amend the ordinance and remove minor violations. Under the new ordinance, people could face Class B misdemeanors for littering, open containers, unnecessary noise, or sleeping on public property and face up to 6 months in jail and fines up to $2,500. Anyone could easily violate the ordinance and some who did needed medical help instead of jail and huge fines. Vanessa Houk/137 5th Street/The ordinance would jail people for sleeping and that was not right. People trying to get out of homelessness who violated the ordinance would have difficulty obtaining Section 8 and Housing and Urban Development (HUD) housing due to criminal records. She did not want Council to pass the ordinance but if they did, requested they amend it, have a three-month trial, and remove the misdemeanor offenses, especially the camping. Ryan Navickas/2060 Mill Creek Drive, Prospect OR/Thought the intention of the ordinance was to exclude homeless people from downtown. He considered it cruel and unusual Page 2 of 6 punishment to jail or fine people who had no alternative places to sleep. The City had not attempted to remedy this problem. Alcoholism was a disease and courts had ruled that punishing people seeking to satiate the disease of addiction was cruel and unusual punishment. Other violations in the ordinance clearly associated with homelessness. The City's negligence in providing safe shelter for the homeless was the root cause for many complaints of community members aimed at the homeless. A good start would be funding a day shelter instead of enacting the exclusion zone policy. Don Hammond/632 Walnut Street/Favored a semblance of an exclusionary zone essentially for safety issues. As a business owner, he employed 15-18 employees downtown who frequently encountered people from the surrounding bars. He thought the ordinance was a tool that should not be used to control or oppress the homeless community. People with no place to sleep still needed to sleep. He encouraged the City to pursue all options to provide shelters, temporary camping for the homeless, and coax Interfaith Care Community of Ashland (ICCA) back into town as well as other organizations to help. Councilor Lemhouse/Slattery m/s to approve by title only the First Reading of an Ordinance entitled "An ordinance Amending AMC Chapter 10 Public Peace, Morals, and Safety by Adding Sections 10.120 "Persistent Violation" and 10.125 `Persistent Failure to Appear and move said ordinance for Second Reading but to remove sections related to prohibited camping. DISCUSSION: Councilor Lemhouse agreed that camping was never the behavior issue causing problems downtown. Councilor Slattery noted many shelters, missions, and meals groups used an exclusionary zone effectively. It made sense to stop behavior that reached an abusive state and the ordinance would do that. Councilor Voisin commented the Economic Development report showed most businesses maintained or increased sales and did not see how the violations downtown affected business. Her concern was AMC 10.120.020 A. (4) listed violations a shelter or day center would have alleviated and Council had not done enough regarding these issues. Councilor Voisin motioned to amend motion to have the Police Chief report monthly on the progress of the exclusion zone. Motion died for lack of a second. Councilor Voisin motioned to add a sunset clause of three months to get through the tourist time and have an assessment of exclusion zone. Motion died for lack of a second. Councilor Silbiger explained arresting and fining persistent violators did not work. Most of society would take it very seriously and alter their behavior if arrested. This was a criminal issue, not homeless. He was not sure the ordinance would work but thought it may give repeat offenders a reason to stop. Councilor Morris commented how often people told him they were uncomfortable going downtown. He thought the ordinance would generate change. Repeat violators were smart people and the ordinance would change their behavior. He supported the motion as amended. Mayor Stromberg would have used clearly violent situations for the ordinance before extending it to open containers in public. Councilor Slattery/Chapman m/s to call for the question. Roll Call Vote: Councilor Chapman, Morris, Slattery, Lemhouse, and Silbiger, YES; Councilor Voisin, NO. Motion passed 5-1. Page 3 of 6 Roll Call Vote on main motion: Councilor Silbiger, Lemhouse, Slattery, Morris, and Chapman, YES; Councilor Voisin, NO. Motion passed 5-1. Councilor Lemhouse/Slattery m/s to approve by title only the First Reading of an Ordinance entitled "An Ordinance Amending AMC Chapter 1.08 General Penalties, Sections 1.08.005F., 1.08.010A.(1), and 1.08.020 to Effectuate Proposed Ordinance adding AMC 10.120 `Persistent Violation' and AMC 10.125 `Persistent Failure to Appear"' and move said motion for Second Reading, removing the section pertaining to prohibited camping. DISCUSSION: Councilor Lemhouse observed the people concerned the City was creating an elite area downtown were actually creating a reverse elite group of individuals acting without consequence by defending their actions. An exclusionary zone already existed for citizens not comfortable going downtown due to others who might violate their rights without repercussion. The ordinance addressed behavior, not homelessness. He hoped it worked as a good deterrent and no one reached the level of exclusion. Councilor Slattery added the ordinance was about people having consequences for actions that put everyone at risk. The City owed it to all populations, homed and homeless, to establish rules. Councilor Voisin thought bad behavior was in the eyes of the beholder, did not think the ordinance would work, and wanted to look at options. She addressed equal punishment and explained many people failing to appear were mentally ill, disabled, and alcoholic, and therefore not equal. She would not support the motion and thought Council should empathize with repeat offenders and find out what was happening to cause their behavior. Councilor Chapman agreed with Councilor Voisin there were people with medical and mental issues who needed help but this was a separate issue. The ordinance was an extra tool for the Police Department to use and he wanted to see if it was effective. Roll Call Vote: Councilor Silbiger, Chapman, Lemhouse, Morris, Slattery, YES; Councilor Voisin, NO. Motion Page 4 of 6 EXCERPT FROM MINUTES OF ASHLAND CITY COUNCIL STUDY SESSION JUNE 19, 2012 3. Second Reading of an ordinance titled, "An ordinance amending AMC Chapter 10 Public Peace, Morals, and Safety by adding Sections 10.120 `Persistent Violations' and 10.125 `Persistent Failure to Appear'." Gretchen Vos/1673 Parker Street/Spoke on behalf of the citizens' group Ashland for Inclusion who supported efforts to reduce crime in ways that were affective and constitutional. The group disagreed with the persistent violations laws and thought the City had not sufficiently addressed the issues raised by the American Civil Liberties Union (ACLU). Cate Hartzell/892 Garden Way/Read from an email she received from ACLU of Oregon Executive Director David Fidanque in response to City Attorney Dave Lohman's correspondence describing alternatives to both ordinances. Eric Navickas/2060 Mill Creek Drive, Prospect/The ordinance would not address situations like the fire that took place in the downtown area. He thought the City could have been prevented the fire if there was a day use center with trained staff providing outreach. There was no reason that someone should not have addressed this individual's problem, found his medication, and contacted the Veterans Administration Services. The exclusion zone was not a solution to these types of situations and if applied in the extreme, could discriminate and exclude specific groups of people. Assistant City Attorney Doug McGeary explained the process for the Persistent Failure to Appear ordinance. If someone failed to appear for court three times within a 12- month period, the City Attorney's office would file a failure to appear, the Ashland Police Department would serve the citation requesting the individual come to Court within three days to explain why they failed to appear. If they did not appear at that point, the Court would decide whether to expel them from the area they committed the violation. This aspect of the ordinance would apply throughout Ashland and not just the downtown area. City Attorney Dave Lohman read the ordinance title aloud, and changes that removed Ashland Municipal Code (AMC) 10.120.020 Section C. Changes to AMC 10.120.040(B) added: "...or more than one year unless the court finds it necessary to:" In AMC 10.25.010, staff changed the reference to AMC Subsection 1 from 10.120.020 to ORS 133.060 or 133.070. AMC 10.125.010(1)(a) added: "...requiring a court appearance," to the end of the paragraph. AMC 10.125.020 Subsection (2)(B) (i) added. "...requiring a court appearance," to the end of the paragraph. In AMC 10.125.020(b) following AMC 120.020.0106: "...or other area of the city of Ashland the court deems materially related to the persons, crimes, or violations, or the protection of the public..." AMC 10.125.020(3) added: "...but not to exceed one year..." to the end of the sentence. Councilor Lemhouse/Chapman m/s to approve Ordinance #3066 as amended. DISCUSSION: Councilor Voisin did not think there was enough evidence to indicate an Page 5 of 6 increase in crime in the downtown area harmful to citizens or an increase of problems period and that the ordinances targeted the homeless. Councilor Voisin motioned to amend the ordinance to require regular reporting to the Council on relevant issues related to this ordinance effects including but not limited to numbers and types of violations, offenders, failures to appear, exclusions and arrests after exclusion. Motion died for lack of a second. Councilor Voisin motioned to amend the ordinance so it will sunset after a specific period of time and not be renewed unless at that time, a majority of Council vote that a preponderance of evidence shows that is beneficial. Motion died for lack of a second. Councilor Voisin motioned to amend the ordinance AMC 10.120.020 Section A to remove point 4 which lists the five city ordinances that could be used as a basis for an order of exclusion. Sections 1 23 naming felonies and misdemeanors as grounds would remain as they stand in the proposed ordinance. Motion died for lack of a second. Councilor Slattery clarified this was an issue about abusive behavior, not homelessness, and citizens had the right to establish behavior. Councilor Slattery/Lemhouse m/s called for the question. Roll Call Vote: Councilor Chapman, Silbiger, Slattery, Lemhouse, and Morris, YES; Councilor Voisin, NO. Motion passed 5-1. Roll Call Vote on the main motion: Councilor Chapman, Silbiger, Slattery, Lemhouse, and Morris, YES; Councilor Voisin, NO. Motion passed 5-1. 1. Second Reading of an ordinance titled, "An Ordinance Amending AMC Chapter 1.08 General Penalties, Section 1.08.005F., 1.08.0101A.(1), and 1.08.020 to Effectuate Proposed Ordinance Adding AMC 10.120 `Persistent Violation' and AMC 10.125 `Persistent Failure to Appear'." Councilor Lemhouse/Chapman m/s to approve Ordinance #3067. DISCUSSION: Councilor Silbiger called for the question. Roll Call Vote: Councilor Silbiger, Morris, Lemhouse, Chapman, and Slattery, YES; Councilor Voisin, NO. Motion passed 5-1. Roll Call Vote on the main motion: Councilor Silbiger, Morris, Lemhouse, Chapman, and Slattery, YES; Councilor Voisin, NO. Motion passed 5-1. Page 6 of 6 CITY OF ASHLAND Council Communication June 19, 2012 Business Meeting Second reading of proposed ordinances to restrict persistent offenders in the downtown business district FROM: Terry Holderness, Police Chief, holdernet@ashland.or.us SUMMARY The City Council, at its business meeting on June 5, 2012, approved the first reading of two ordinances to restrict persistent offenders in the downtown business district, with an amendment removing AMC 10.46.020 Prohibited Camping as one of the persistent violation offenses from the two ordinances. The ordinances will authorize the court to restrict persistent offenders from the downtown business district for a limited time as a consequence for multiple offenses in the downtown area or as a consequence for failing to appear in court multiple times to respond to criminal charges or to citations for certain ordinance violations. The proposed ordinances presented for second reading include improvements over those approved at First Reading in that they incorporate some of the clarifications and simplifications suggested by members of the public. The changes will be highlighted during the presentation to Council. Staff is requesting Council approve the second reading of two ordinances with their suggested amendments. BACKGROUND AND POLICY IMPLICATIONS: Over the last two years city staff has seen an increase in complaints from residents, visitors and business owners regarding the behavior of individuals that are engaging in unlawful or annoying conduct in the downtown. These complaints include aggressive panhandling, making lewd and lascivious comments to people on the street, blocking sidewalks, being unnecessarily loud, trespassing, using and being under the influence of drugs and/or alcohol in public places, urinating in public, littering and leaving trash, and various other forms of disorderly conduct. Some of the activities that generate complaints rise to the level of being law violations; others do not. Of those individuals whose conduct did constitute violations of existing law last year, several were cited or arrested more than 20 times; one was cited or arrested for 31 incidents. In 2010, the top ten violators had 168 citations or arrests for separate incidents between them. In 2011, the top ten violators had 184 citations and arrests between them and for the first four months of 2012, the top ten violators have 64 citations or arrests for separate incidents. The largest concentration of offenses occurs in the downtown area. In 2010, the most frequent offenders had 100 citations or arrests for separate incidents between them in the downtown area. In 2011, the top offenders had 95 citations or arrests for separate incidents between them in the downtown area. During first four months of 2012, the top ten violators have 31 citations or arrests for separate incidents in the downtown area. Many of those cited or arrested multiple times appear to have little concern about the consequences of the violations and have not paid anything toward the fines imposed by the Municipal Court Judge as Page I of 3 I r, CITY OF ASHLAND penalties for their violations. Even when the behavior constitutes a misdemeanor under the Oregon statutes, space limitations in the Jackson County jail preclude holding violators of minor crimes for very long, if at all. Many violators are aware of that fact. Further, many of these repeat violators avoid sentencing altogether by failing to appear in court to respond to the allegations against them. For them, too, the threat of jail time for failing to appear in court as ordered is an unrealistic sanction. On January 31, 2011, the Police Department recommended to the Council that it consider use of ordinances to restrict persistent offenders from the downtown. After discussion at several meetings, the Council tabled that recommendation. On April 3, 2012 the Council directed the Police Department and the City Attorney to bring an ordinance to the Council that would restrict violators of selected ordinances or statutes from the downtown area for a limited time. On May 14, 2012 the Police Chief and City Attorney presented the Council with several options for how an ordinance dealing with persistent offenders could be structured and what offences should be included in the ordinance. The attached ordinances are intended to reflect and reconcile as much as possible the guidance and concerns expressed by Councilors at the May 14 Study Session. One of the proposed ordinances is in two parts. The first part would add Section 10.120 to AMC Chapter 10. It would (1) establish the Class B misdemeanor of Persistent Violation for multiple offenses within an enhanced law enforcement area and/or for a person's entry into an enhanced law enforcement area while that person is currently expelled; (2) establish the downtown area as an area in which the penalties for Persistent Violation may include temporary expulsion; and (3) make temporary expulsion from the downtown area a presumptive penalty for Persistent Violation unless the court determines a different penalty is more appropriate. The second part of this ordinance adds Section 10.125 to AMC Chapter 10. This part establishes a procedure to compel attendance of those persons who persistently fail to appear in court after being personally cited for a criminal offense or certain ordinance violations requiring mandatory appearance. Working in conjunction with the new AMC 10.120, this ordinance addresses our lack of ability to hold persons accountable who choose not to show up at court in order to avoid sentencing or expulsion for their persistent violations. The other proposed ordinance would amend AMC Chapter 1.08 to make court appearances for selected ordinance violations within an enhanced enforcement area mandatory, and to make clear that expulsion may be imposed as a penalty for a Persistent Violation misdemeanor. This proposed amendment is required to make the above proposed additions to AMC Chapter 10 effective. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approve the second reading of the two attached ordinances concerning restriction of persistent offenders from the downtown business district, as amended. Page 2 of 3 1L, CITY OF -ASHLAND SUGGESTED MOTION: Presenting two separate, amended ordinances for consideration, the Council must make two independent motions: 1. 1 move to approve the Second Reading of an Ordinance entitled, "An Ordinance Amending AMC Chapter 10 Public Peace, Morals, and Safety by Adding Sections 10.120 "Persistent Violation" and 10.125 "Persistent Failure to Appear" and adopt the ordinance. 2. I move to approve the Second Reading of an Ordinance entitled "An Ordinance Amending AMC Chapter 1.08 General Penalties, Sections 1.08.005F., 1.08.010A.(1), and 1.08.020 to Effectuate Proposed Ordinance adding AMC 10.120 "Persistent Violation" and AMC 10.125 "Persistent Failure to Appear" and adopt said ordinance. ATTACHMENTS: Proposed Ordinances Map of proposed Downtown Enhanced Law Enforcement Area Pa,ge 3 of 3 City of Ashland, Oregon - Agendas And Minutes Page I of 8 City or Ashland, Oregon / City Council Tuesday, November 03, 2015 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 3, 2015 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Lemhouse, Seff inger, Rosenthal and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor announced that the City is taking applications for the Annual Appointments to the Citizen Budget Committee and Municipal Audit Commission. The deadline for applications is November 13. APPROVAL OF MINUTES The minutes of the Study Session of October 19, 2015 and Business Meeting of October 20, 2015 were approved as presented. SPECIAL PRESENTATIONS & AWARDS General Manager Robert Colvin representing Central Oregon Railroad (CORP) announced that the line through Ashland will reopen to establish a freight line between Medford, Oregon and Weed, California. Train movements will begin tomorrow and will run in the afternoon. He explained that there are no set train schedules at this time for the next couple of years. In 2016, the line will be operated at a minimum of 5 days a week, two trains a day through Ashland, No exact timelines are known at this time other than one in the morning and one in the afternoon. Signals and low blown horns will be used for safety reasons and these are being tested currently and for the next couple of months. He stated that the standard speed is set at 25mph and that historically the speed through Ashland has been 20mph and he anticipates that in the beginning the speed will be closer to 10mph. PUBLIC FORUM Trina Sanford/640 Tolman Creek RdlSpoke as a property owner on Tolman Creek and that the transient problem is not just a Plaza issue. She shared her concern that council will not give this area equal attention. She was aware of a homeless camp in our watershed and would not allow her children in the area for safety reasons. There are many reasons for concern including human defecation and fire issues. http://wNvw.ashland.or.us/Agendas.asp?Display=Minutes&AMID=6164&Print=True 11/9/2015 Page 2 of 8 City of Ashland, Oregon - Agendas And Minutes Daniel Gregg/195 Mobile Drive/Spoke regarding the cleanup of the railroad property and suggests that the council create a conference site in this area and park area. He would like to speak to someone about the property and what procedures would be necessary to bring a proposal forward. Zach Brombacher1640 Tolman Creek Rd/Commented about the problems he has had with the transient population and asked that something be done. He feels that citizens have "had enough" and that this issue has gotten out of hand. Asks that all abide by the law in order for all to enjoy our community. Suggested that this be put to a vote by the electorates that all abide by the law. Ellen Campbell/120 Gresham Street/Appreciates that the council is taking this seriously and that there are many stakeholders involved. Suggested employing ambassadors that will help to education and provide guidance to those that need assistance. She stated that citizens should be allowed to enjoy their community and they should not have to put up with those that will not abide to the law. JC Romero/Stated that he is a member of the community and does what he can to help by volunteering and cleaning up after others. He felt that the focus should not be on how to exclude members of the community but how to help them. He stated any further ordinances are not necessary. Alice Mallory/438 Taylor Street/Spoke regarding those human beings that are not "travelers." She comments on the previous testimony about sexual harassment, intimidation, and other actions that affect our quality of life. She does not understand how civil liberties for those that violate take precedence over those that do not violate our quality of life. She suggested that our community take a lead to petition our legislators that they provide protection and civil liberties to law-abiding citizens in order to walk in a safe environment on our city streets. Huelz Gutcheon12253 Hwy 99/Stated his appreciation for affordable housing but does not understand the aggressive nature of some of the homeless currently in our community. CONSENT AGENDA 1, Minutes of boards, commissions, and committees 2. Appointment of Stephen Jensen to the Forest Lands Commission 3. Approval of a resolution titled, "A resolution adopting a supplemental budget increasing appropriations within the 2015-17 Biennium budget" 4. Approval of a change order in excess of 25% for the oxidation ditch wetland delineation Consent agenda item 3 was pulled for discussion and minor amendment. City Administrator for Public Works should be $440,000, which also changes the Fund, the appropriation all funds to $563,588. http://www.ashiand.or.us/Agendas.asp?Display=Minutes&AMID=6164&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 3 of S Administrative Services/Finance Director Lee Tuneberg explained that there is no bottom line impact associated with the transfer of appropriations. Councilor Voisin/Marsh mfs to approve Consent Agenda items with amendment to item #3 correcting the appropriated amount. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS (Bone) UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Biennium 2015-2097 first quarterly financial report City Administrator Dave Kanner conveyed to the council that the first quarter financial report is not usually very revealing but that staff looks for deviations within the report. He stated that he reviews the major revenue streams, which include utility billing revenue and suggested that in the future staff could flag certain items and report on those. Administrative Services/Finance Director Lee Tuneberg stated that this is a straightforward report and it does not show any particular issues, as this is the first quarter financial report. He explained that the biennial budget makes financial reporting more complex and has caused some confusion, but he is comfortable with the change to biennial. ORDINANCES RESOLUTIONS AND CONTRACTS 1. First reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 9.16 to require dog licensing and declare certain dog behaviors to be public nuisances" and move on to second reading City Attorney Dave Lohman explained that the proposed ordinance is a result of prior discussion by council and concern with the increase of dogs in the downtown area. Mr. Lohman went over the proposed changes within the ordinance. He explained that the ordinance is less lenient that the county licensing law and provided examples of what dog behaviors would constitute a public nuisance. Mr. Lohman stated that there was a change by staff under 9.16.005 Definitions (F) language should be changed to be consistent with State Law by removing "domestic" and replacing with "companion dog or livestock." Staff will make this change for the second reading of the ordinance. Police Chief Tighe O'Meara explained that enforcement for a dog without a license would be complaint driven as there was no practical way to stop anyone with a dog to determine if they are licenses or not. He stated that there was a compelling reason for an officer to stop an individual with a dog this could be part http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=6164&Print=Tiiie 11/9/2015 Page 4 of 8 City of Ashland, Oregon - Agendas And Minutes of the investigation. He clarified that dogs are not allowed on the Plaza and that would fall within the compelling reason to inquire if the dog was licensed and he understood that the ordinance stated that proof of vaccination could be used in lieu of a license. Assistant City Attorney Doug McGeary clarified that Jackson County requires that all dogs be licensed. They do allow a 30-day window for licensing of dogs. The proposed ordinance only pertains to vaccination of dogs and it was noted that there are several agencies in the area that offer free vaccinations. He further stated that the proposed ordinance does provide for automatic dismissal of citation if proof of vaccination can be provided. This could be done either in person at the Court or by mail. Sandra Slattery/Ashland Chamber of Commerce/Spoke for a collective group that supports all the proposed ordinances, as they will protect our citizens and our businesses. She offered thanks to the council for listening and understands that this is a behavioral problem and a community issue. She offered the help and assistance of the Ashland Chamber of Commerce. Staff will provide a definition for "vicious dogs" at second reading for council to consider. Councilor MarshlSeffinger m/s to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Marsh understands that this is an appropriate ordinance and believes that our officers will use it appropriately. Councilor Seffinger stated that vaccination is important and that this protects our citizens. Roll Call Vote: Lemhouse, Morris, Rosenthal, Marsh and Seffinger, YES; Voisin, NO. Motion passed 5-1. 2. First reading by title only of an ordinance titled, "An ordinance amending Chapter 10.120.020 to add two offenses as possible elements of the crime of persistent violation" and move on to second reading City Attorney Dave Lohman presented staff report, which included an explanation on the current ordinance in place involving persistent violation. The proposed ordinance adds two additional elements that would qualify under persistent violation within a six-month period. The two elements are failing to have a dog licensed and smoking marijuana in public. Police Chief Tighe O'Meara stated that he does not have current numbers of citations issued for smoking marijuana in public, but does confirm that it has increased significantly since it became legal in the state... Staff will look at how misdemeanors are listed and will bring change back any changes at second reading if needed for council consideration. Deb Van Peelenl321 N Mountain/Commented on questions brought forward by the mayor on the behavior of certain individuals. She stated that she is more concerned by global issues than individual behavior and that Ashland businesses http://`vw~v.ashland.or.us/Agendas.asp?Display-Minutes&AMID=6164&Pritrt=Tilte 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 5 of 8 are not a good business model for a friendly and respectful atmosphere. She spoke regarding her concern on consumption of fossil fuels and would like to see our city challenged more in a global way. Debbie Miller/160 Normal Street/Spoke in support of proposed ordinances and stated that she does not condone disruptive behavior in her own home and that we should not condone this type of behavior our community. She felt that all residents and visitors are being affected by this obnoxious behavior including the danger of having unvaccinated dogs and that rabies is a serious public health issue. She thought that officers should be able to confirm licensing via the website and that tags are not necessarily proof of licensing as these could have been stolen. She urged the council to adopt all proposed ordinances that people could either abide by the city polices or leave. She felt there should be juridical consequences. Councilor Seffinger/Lemhouse mis to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Seffinger emphasized the importance of moving forward and making our city safer. Councilor Lemhouse supported the motion and that adding the dog issue to persistent violations is appropriate. He felt that it is fair to apply this to all equally and the smoking of marijuana in public is an obvious violation to add. Councilor Voisin motion to split motion between the two offences. Motion died due to lack of second. Continued discussion on motion: Councilor Morris stated that including the dog violation is important but is concerned with moving the smoking of marijuana in public as it could affect the outer areas of downtown. Councilor Voisin could not support the motion if it included the dog violations because she felt there would be enforcement issues. She did support including smoking of marijuana in public as a violation. Roll Call Vote: Lemhouse, Voisin, Marsh, Rosenthal, Morris and Seffinger, YES. Motion passed. 3. First reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 10.120.010 to add Bill Patton Garden to existing enhanced law enforcement area" and move on to second reading City Attorney Dave Lohman presented staff report and explained the additional areas that have been experiencing increased behavior issues. Police Chief Tighe O'Meara explained that there is a long history of problems in this area and that it should have been included initially. This would correct the omission. Assistant City Attorney Doug McGeary explained that the original map omitted this area and it had been problematic for officers to determine the enhancement area. Chief O'Meara clarified that park patrol has the ability to cite if anyone is found to violate park rules. He stated that Park Rules are stricter and do apply to all city http://wrNvw.ashland.or.us/Agendas.asp?Display=Nlinutes&AM1D=6164&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 6 of 8 parks. He also stated that there had not been any significant calls for service at the library or the bus stop at this location. Councilor Lemhouse/Marsh m/s to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Lemhouse that is an evolution and that a larger area could be considered if it were a reasonable addition. Councilor Marsh felt that was a good step forward and that it would provide good tools for our officers to use. She stated that there is a larger comprehensive issue for the downtown area. That we should reclaim our public space so that we all feel safe. She does not feel that this will solve the problem but is a helpful tool. Councilor Voisin supports the ordinance but felt there needed to be better control of violations. She voiced her concern with the enhancement area and does not feel that this will change behavior issues. She felt that this was a societal problem and that it is not just downtown but the whole community. Roll Call Vote: Morris, Seffinger, Voisin, Marsh, Lemhouse and Rosenthal, YES. Motion passed. 4. First reading by title only of an ordinance titled, "An ordinance amending AMC 9.08.010 and 9.08.040 concerning keeping of animals" and move on to second reading City Attorney Dave Lohman presented staff report that included language about bringing livestock to the downtown area. The purpose of this ordinance is to clarify that large farm animals, without a permit, is not appropriate in the city. Police Chief Tighe O'Meara explained that there have been circumstances that warrant this proposed amendment. He stated that horses do not have a place in the downtown area unless there is a parade happening as this could be a dangerous and legitimate public safety issue. Mr. Lohman stated that it would be difficult to exclude horses and staff will bring back language for the council to consider that may help on enforcement. Councilor Voisin/Rosenthal m/s to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Voisin supported the ordinance and understands that livestock does not belong in the downtown area. Councilor Rosenthal stated that this is meaningful action that protects the community and supports health and safety. Councilor Lemhouse/Marsh m/s to amend motion to exclude horses from the list of excluded animals. DISCUSSON: Councilor Lemhouse explained that there still rural areas within our community and that it may be a generation issue. Horses could be considered an alternative transportation and that it is important to protect the rural history of Ashland. Staff was directed to bring back a proposal that would allow horses but keep them out of areas that would be considered a safety issue. Councilor Marsh agreed that only in certain areas that are appropriate. Councilor Voisin did not support removing horses from the last as she felt that it would be safety issue and http://kvww.ashland.or.us/Agendas.asp?Display=Minutes&AMID=6164&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 7 of 8 that the city should be consistent. Councilor Morris supported the amendment but voiced concern with excluding horses. He did understand that there are still areas surrounding the city that are rural and there may need to be an exemption for these types of situations. Roll Call Vote: Lemhouse, Morris, Rosenthal, Marsh and Seffinger, YES; Voisin, NO. Motion passed 5-1. Roll Call Vote on amended motion: Lemhouse, Morris, Rosenthal, Marsh and Seffinger, YES; Voisin, NO. Motion passed 5-1. 5. First reading by title only on an ordinance titled, "An ordinance amending AMC 9.18.020 to include additional definitions of behavior constituting elements of chronic nuisance" and move on to second reading Fire Division Chief Margueritte Hickman presented the staff report and shared her experience involving the dangers of pyrotechnics. She felt strongly that we should prevent this from happening in our community. She explained that inspections have found safety issues in our local bars and nightclubs. She felt that it was appropriate to include these types of violations in the chronic nuisance ordinance, as the impact to business would be more than just a cost of doing business for those that are found in violation. The proposed ordinance would add two fire violations to the chronic nuisance ordinance and would provide greater incentive to owners to comply as failure to comply could prevent them from operating their business on site. Police Chief Tighe O'Meara stated that this past Halloween night was quiet and Ms. Hickman stated that there were no incidents of overcrowding. It was clarified that all incidents, including Fire Department incidents would be included with Police incidents when considering violations. It was felt that this is an enhanced tool to help deal with problematic businesses in the downtown area. Councilor Lemhouse/Seffinger m/s to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Lemhouse stated that the addition of fire violations was important and would help with chronic nuisance offenders. Councilor Marsh agreed that this would provide more tools for law enforcement and sends a message to business owners that the city is serious about enforcement Councilor Voisin voiced her support for the ordinance. Roll Call Vote: Voisin, Seffinger, Morris, Lemhouse, Rosenthal and Marsh, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Lemhouse announced Ashland High School (AHS) Grizzly activities including past AHS student Jeremy Guthrie whose team won the Baseball World Series. The girl's soccer team will be in Hood River, girl's volleyball in Portland, boy's football this Friday playing Bend High School, which will be held at the Southern Oregon University field. It was noted that Councilor Rosenthal would be the guest announcer for this game. littp:/hvwrvv.ashlatid.or.us/Agendas.asp?Display=Minutes&ANIID=6164&Pritit=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 8 of 8 Councilor Voisin announced the ORS annual sleep out in tents this coming Saturday at Lincoln School field. The evening of Saturday the Peace House will hold a celebration for Ruth Couthart recognizing her community involvement. Councilor Rosenthal announced that the Ad Hoc Climate and Energy Committee would be meeting tomorrow at 2 p.m. to finalize their kick-off event scheduled for November 15 at 4 p.m. at the Ashland Historic Armory. More information can be found at ashiandclimagechallenge.org City Administrator Dave Kanner announced that electric utility discussion scheduled for the November 16 Study Session would be postponed until February. ADJOURNMENT OF BUSINESS MEETING Meeting was adjourned at 9:33 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor PRINT CLOSE http://www.aslilatid.or.us/Agendas.asp?Display=Minutes&AMID=6164&Print=True 11/9/2015 CITY OF -ASHLAND Council Communication November 17, 2015, Business Meeting Second Reading of an Ordinance Amending Chapter 9.18.020 to Include Additional Definitions of Behavior Constituting Elements of Chronic Nuisance FROM: Margueritte Hickman, Division Chief, Fire, margueritte.hickman@ashland.or.us SUMMARY: Council approved the first reading at its meeting on November 3, 2015, to add two additional fire code violations to the City's existing ordinance on chronic nuisances. While penalties for fire code violations already exist, this amendment would provide additional sanctions that may result in greater compliance with laws requiring actions to prevent life threatening conditions from developing in structures where people congregate. BACKGROUND AND POLICY IMPLICATIONS: The current Chronic Nuisance Properties ordinance generally addresses the problem of persons who allow unsafe conditions to develop on property they control despite having been sanctioned for allowing such conditions to occur on previous occasions. The current ordinance allows the Chief of Police to issue a Chronic Nuisance Property citation to a person who allows any of eight specified crimes or violations to occur on a single property three or more times within any thirty-day period. If a court agrees that the property qualifies as a chronic nuisance, the court may order closure for up to 180 days or any other remedy deemed to be appropriate to abate the nuisance, including financial penalties of up to $100 per day. The proposed ordinance would add two already-outlawed conditions to the current list of offenses that can result in designation of a property as a chronic nuisance: overcrowding and blocking of exits. The Oregon Fire Code, which is adopted by the City, already forbids allowing these two conditions to occur, along with a number of other fire-related prohibitions. Staff considered proposing to add five more Fire Code violations to the list of offenses that could lead to designation as a Chronic Nuisance Property. To keep focus on situations that repeatedly pose the greatest immediate threats to life; to keep from adding even more enforcement workload that exceeds staffing capacity to carry out; and to avoid diluting the discomfiture that accompanies identification as proprietor of a chronic nuisance property, staff ultimately recommended adding only overcrowding and blocking of exits. In case Council wishes to entertain adding other Fire Code violations to the ordinance on Chronic Nuisance Properties, the full list of Fire Code violations staff considered as possible additions is attached to this Council Communication. Tragedies in nightclubs and bars have recurred throughout the history of the U.S. and world, most recently the 2001 Station Night Club Fire in Rhode Island. Investigations of these tragic fires point to a few specific common issues: overcrowding, blocked exits, lack of fire protection systems. (NFPA Case Study: Nightclub Fires, 2006). Page I U2 CITY OF -ASH LAN D At least annually and as new establishments open or as owners change, the Fire Department provides education to bar and nightclub owners in an effort to prevent overcrowding and blocked exits. These are two zero-tolerance violations: AF&R advises owners and managers they will receive a citation on first offense. Other Fire Code enforcement actions begin with an inspection, education and notice of violation that includes the corrections that need to be made. A reinspection is completed in a reasonable timeframe to check for compliance. Ultimately, citations for fire code violations need to be issued only rarely. While both APD and AF&R write citations for overcrowding and blocked exits, there have been some establishments that seem to treat paying the fines for these violations as just another cost of doing business. Previously, we changed the penalties section of the ordinance to allow more than one citation per day for fire code violations deemed to be an immediate life threat. Adding these fire code violations to the nuisance ordinance would provide greater incentive to owners to comply. Failure to comply multiple times could prevent them from operating their business on site. COUNCIL GOALS SUPPORTED: Goal 23: Public Safety - Support innovative programs that protect the community. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council approve the second reading including the fire code violations to the nuisance ordinance. SUGGESTED MOTION: Move to approve the second reading of an ordinance titled, "An Ordinance Amending Chapter 9.18.020 to Include Additional Definitions of Behavior Constituting Elements of Chronic Nuisance" and adopt the ordinance. ATTACHMENTS: 1) Proposed ordinance 2) List of Fire Code provisions considered for inclusion in Chronic Nuisance Property Ordinance. Page 2 of 2 1r, ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9.18.020 TO INCLUDE ADDITIONAL DEFINITIONS OF BEHAVIOR CONSTITUTING ELEMENTS OF CHRONIC NUISANCE Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. "The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the City currently does not have an adequate remedy for persistent Ashland Fire Prevention code violations which threaten the health and safety of customers or guests of businesses or residences within the City; and WHEREAS, the City of Ashland's Chronic Nuisance ordinance under AMC 9.18.020 is effective at remedying persistent and inherently dangerous behavior by expediting the abatement process; THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.18 Chronic Nuisance Property, Section 9.18.020 Definitions is amended as follows: Section 9.18.020 Definitions A. Chronic Nuisance Property Property upon which three or more of the below listed behaviors occur during any 30-day period as a result of three separate factual incidents that have been independently investigated by the Ashland Police Department. 1. Harassment as defined in ORS 166.065, excluding provision 1(b). 2. Intimidation as defined in ORS 166.155 through 166.165. 3. Disorderly conduct as defined in ORS 166.025, excluding provision 1(b). 4. Furnishing liquor to a minor as defined in ORS 471.410. 5. Minor in possession as defined in ORS 471.430. 6. Unnecessary noise as defined in AMC 9.08.170. 7. Manufacture or delivery of a controlled substance as defined in ORS 475.992. Ordinance No. Page 1 of 2 8. Delivery of a controlled substance to a minor as defined in ORS 475.995. 9. Failure to comply with the followintt provisions of the Oregon Fire Code ("OFC") contained in ORS Chapter 480 and related Oretzon Administrative Rules and adopted in Ashland Municipal Code 15.28: a. OFC 1030 - Maintain the means of egress. b. OFC 107.5 - Overcrowding. SECTION 2. Savings. Notwithstanding this amendment, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code, and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renuinbered or re-lettered, provided however, that any Whereas clauses and boilerplate provisions, i.e., Sections 2-4, need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of _ 12015, and duly PASSED and ADOPTED this day of _ 2015. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of _ 2015. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 2 of 2 Fire Code Provisions Considered for Inclusion in Chronic Nuisance Property Ordinance: • OFC 1030 - Maintain the means of egress. • OFC 107.5 -Overcrowding. • OFC 403 - Implement and follow a public safety plan or maintain crowd managers. This section of the code allows the fire department to determine the need for a public safety plan including the need for fire; emergency medical or police personnel if the nature of the event has an adverse impact on public safety. • OFC 305 - Ignition sources - this includes placing ignition sources too close to combustibles and negligent burning. • OFC 308 - Open flames - includes portable fueled devices, flaming food and beverage prep, open flame decorative devices when not permitted. • OFC 310 - Smoking - in prohibited areas and discarding in a manner that could cause ignition. Fire has received several complaints over the years about discarded cigarette butts. • OFC 901.6 - Maintain all fire protection systems (i.e., fire sprinklers, fire alarm, kitchen hood suppression). Again, while already required by the fire code, this would further incentivize building or business owners in the event there was a lack of compliance to keep a fire protection system in working order. CITY OF ASHLAND Council Communication November 17, 2015, Business Meeting Second Reading of an Ordinance Amending "Owner" Definitions to AMC Chapters 1.04 General Provisions, 2.31 Uniform Violation Abatement Process, 9.04 Weed Abatement, 9.08 Nuisances, and 13.20 Local Improvements and Special Assessments FROM: David H. Lohman, Ashland City Attorney, lohmand@ashland.or.us SUMMARY The proposal to make 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 primary lien, security or mortgage interest in possession or control of the property. Council approved these ordinance revisions on first reading at its October 20 meeting. Staff is proposing adding further ordinance revisions on second reading to ensure that assessment liens for abatement costs take priority over most other property liens. 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 may take no responsibility for upkeep of the property in the meantime. Sometimes, 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. Page I of 3 IMMA-all CITY OF ASHLAND 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. The proposed changes to AMC 1.04, 9.04, and 9.08, which were approved on first readings, would make the holder of a security interest in a property, as well as the owner in fee title, responsible for abatement costs. The secured party would have that responsibility from the date the secured party initiates foreclosure and would continue to have that responsibility until a new owner acquires fee title to the subject property through a foreclosure sale or some other means of conveying title. For second reading, staff proposes to add new Sections 4 and 5, modifying AMC 2.31 and 13.20 to make clear that an additional tool is available for dealing with abandoned homes: assessment liens with the highest possible priority. For second reading, new Section 4 is proposed to modify AMC 2.31.040 to make clear that assessment liens for the costs of abatement are accorded the highest possible lien priority. The proposed revision would also make assessment liens for abatement costs subject to the same interest rate and foreclosure process as assessment liens for local improvements and other special assessments. For second reading, new Section 5 is proposed to modify AMC 13.20.120 to make clear that assessment liens for the costs of abatement are handled in the same way as assessment liens for local improvements and other similar liens. The proposed change would also synchronize notice periods, interest rates and foreclosure processes for the various types of liens. The substantive changes to existing ordinances, shown in bold print and highlighted, in Sections 4 and 5 of the version presented for second reading should be read aloud before taking public input and before a motion is made to approve, disapprove, or modify the version presented for second reading. 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 with revisions. SUGGESTED MOTION: I move approval of the second reading by title only of an ordinance titled, "An Ordinance Amending Owner Definitions to AMC Chapters 1.04 General Provision, 2.31 Uniform Violation Abatement Process, 9.04 Weed Abatement, 9.08 Nuisance, and 13.20 Local Improvements and Special Assessments", as amended and adopt the ordinance. Pape 2 of 3 11FALE, CITY OF ASHLAND ATTACHMENTS: 1) Proposed Ordinance with additions Sections 4 and 5; 2) August 4, 2014 Study Session Minutes: http://www.ash]and.or.us/A~,),endas.asp?Display=Minutes&AMID=5755 3) October 20, 2015 Minutes: http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=6140 Pape 3 of 3 01FAX&, ORDINANCE NO. AN ORDINANCE AMENDING THE "OWNER" DEFINITIONS TO AMC CHAPTERS 1.04 GENERAL PROVISIONS, 2.31 UNIFORM VIOLATION ABATEMENT PROCESS, 9.04 WEED ABATEMENT, 9.08 NUISANCES, AND 13.20 LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, 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 lelial owner, the City may deem the "Owner" to be the person, other than the lelzal owner, who has a primary lien, security, or mortuage interest in possession or control of the property or who is the deed of trust beneficiary of the property. Ordinance No. Page 1 of 4 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 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 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 subiect to foreclosure as a result of bankruptcy or default of the legal owner, the City may deem the "Person in Charge of Property" to be the person, other than the legal owner, who has a primary lien, security, or mortgage interest in possession or control of the property or who is the deed of trust beneficiary of the property. SECTION 4. Chapter 2.31 Uniform Violation Abatement Process, Section 2.31.040 Assessment of Costs and Entry of Lien is hereby amended to read as follows: Section 2.31.040 Assessment of Costs and Entry of Lien A. The Code Compliance Officer shall serve the owner and the person responsible with a notice of assessment stating: 1. The total cost of abatement, including the administrative cost of abatement minus any salvage value; 2. The total cost of abatement will be assessed to the property and become a lien against the property unless it is paid within thirty (30) days of the date of service of the notice or a payment plan is configured to pay off the total amount owed and financial security is posted; 3. Until the 30-day notice has lapsed, the finance director shall temporarily enter the cost of abatement in the City' s lien docket; 4. The finance director shall enter the cost of abatement in the City' s lien docket if any agreed upon payment plan is violated and execute on any security instrument provided; 5. That a written notice objecting to the cost of abatement may be filed with the finance director not more than ten days after the date the notice was mailed to the property owner or the person responsible. B. If an objection is received on or before the expiration often (10) days after the date the notice was served, the finance director, in the regular course of business, shall hear any timely objection and determine the costs to be assessed. The finance director' s determination shall be by written order. C. The property owner or person responsible may appeal the finance director' s decision pursuant to AMC 2.30.020 [Administrative Appeals Process]. D. An assessment of the costs of abatement shall be entered into the City' s permanent lien docket and shall become a final lien on the property from which the violation was abated if the Ordinance No. Page 2 of 4 costs of the abatement are: 1) not appealed in a timely manner, 2) not paid within thirty (30) days from the date the notice of assessment was mailed, 3) or if any payment plan is violated. In the event of a timely objection or appeal, the costs, if any, shall be entered upon conclusion of the objection or appeal process. D. The lien shall beair interest at 1II + (9-A) per annum L tl_or- + (11 established by Couneil resolution. The inteirest shall begin to fun &om the date of the ent of the lien in the l' d 1 + E. The provisions of AMC 13.20.12013 (Priority of Assessment Liens), C (Interest, and D (Foreclosure) shall apply to assessments for the costs of abatements F. The City may include in one foreclosure proceeding as many accounts as the City may have against separate properties for abating violations and may proceed to assess and collect single lot assessments against each property in a single proceeding. F G. An error in the name of the person responsible for abating the violation shall not void the assessment, nor will a failure to receive the notice of the total cost of abatement render the assessment void; the lien shall be a valid lien against the property. SECTION 5. Chapter 13.20 Local Improvements and Special Assessments, Section 13.20.120 Lien Records and Foreclosure Proceedings is hereby amended to read as follows: Section 13.20.120 Lien Records and Foreclosure Proceedings A. Assessment Liens. After adoption of the assessment resolution by the council, the city recorder shall enter in the eCity's lien docket record and adopt a statement of the amount assessed upon each particular lot, parcel of land or portion, together with a description of the improvement, the name of the owners, and the date of the assessment resolution. The amounts entered in the Ci 's lien reeor-d docket shall become a lien and charge upon the respective lots, parcels of land or portions thereof against which the lien is entered. The sum assessed against a lot, parcel, or portion thereof shall be due and payable from date of the notice of assessment and if not paid or bonded as provided within thirty (30) days from that date, the amount of the assessment shall then be delinquent that have been assessed for sueh Inilrre~ement. B. Priority of Assessment Liens, All assessment liens of the eCity shall be superior and prior to all other interests, liens and encumbrances on the assessed property insofar as the laws of the State of Oregon permit. 13C. Interest. Interest shall be charged until paid on all amounts assessed but not paid within 2-0 30 days from the date of the notice of assessment, at the rate of nine percent (9%) per annum or such other rate as established by council resolution and shall begin to run from the date the notice of assessment was mailed at a rate to be deter-mined by t1he emmeil C D. Foreclosure. After expiration of 20 30 days from the date of the notice of assessment, the city may proceed to foreclose or enforce collection of the assessment liens in the manner provided by the general law in the State of Oregon for the collection of such liens. The city may, at its option, bid the amount of its lien for the property being offered at any foreclosure sale. SECTION 6. Savings. Notwithstanding this amendment, 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 Ordinance No. Page 3 of 4 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 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 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. 6-8) need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2015, and duly PASSED and ADOPTED this day of 12015. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 4 of 4 Minutes for the City Council Study Session August 4, 2014 Page 1 of I MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, August 4, 2014 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:30 p.m. in the Siskiyou Room. Councilor Morris, Rosenthal, Marsh, Voisin, Lemhouse, and Slattery were present. 1. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 2. Divestment Project - Southern Oregon Climate Action Now City Recorder Barbara Christensen explained members from Southern Oregon Climate Action Now (SOCAN) attended the June 17, 2014 Council meeting with a draft resolution encouraging the Oregon Short Term Investment Board, Oregon PERS Retirement Board, and Oregon State Treasurer Ted Wheeler to divest from fossil fuel companies. Ms. Christensen sought direction from Council on their interest in moving forward with the resolution and submitted a current resolution into the record. Kathy Conway, a SOCAN member explained the resolution submitted at the meeting did not have substantive changes. The intent of the resolution encouraged the Local Government Investment Pool (LGIP) to investigate and consider divesting from fossil fuel companies. Council was interested in having the City Recorder and staff bring the resolution back to a Study Session for further discussion. Council wanted clear definitions of fossil fuels, Carbon Tracker, and sustainability as well as the reports referenced in the Recitals section of the resolution. Council also wanted additional information on comingled funds, financial impacts short-term and long-term, and staff to streamline the proposed resolution, and provide alternatives to fossil fuels. 3. Discussion of making holders of security interests in abandoned properties responsible for nuisance abatement City Attorney Dave Lohman explained the ordinance would allow the City to hold the primary financial interest in a foreclosed or legally bankrupt property responsible for abatement. The ordinance would include vacant lots. A lender could challenge the City in court but it was doubtful the City would lose. Currently the Code Compliance Specialist had identified 5-6 properties and staff suspected more. Council agreed and directed staff to return with a draft ordinance. Meeting adjourned at 6:15 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder City of Ashland, Oregon - Agendas And Minutes Page 1 of 15 City of Ashland Oregon / City Council City Council - Minutes View Agenda Tuesday, October 20, 2016 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL October 20, 2015 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg was absent. Council Chair Marsh called the meeting to order at 7:00 p.m. in the Council Chambers Civic Center. ROLL CALL Councilor Voisin, Lemhouse, Seffinger, and Rosenthal were present. Councilor Morris was absent. MAYOR'S ANNOUNCEMENTS Councilor Voisin raised a point of order and asked the City Attorney to explain whether the Chair could make motions and vote. City Attorney Dave Lohman explained as presiding officer the acting chair could not make motions but could vote unlike the Mayor. Council Chair Marsh announced the annual appointments to the Citizen Budget Committee and Municipal Audit Commission. The deadline for applications was November 13, 2015. Mayor Stromberg would hold his second "Listening Session" along with Councilor Seffinger Wednesday, October 28 from 7 p.m. to 9 p.m. in the Council Chambers. The discussion would focus behavioral problems in the downtown area and Exit 14. Councilor Seffinger/Lemhouse mis to add a discussion regarding fencing on the downtown Plaza area to the agenda. Roll Call Vote: Councilor Voisin, Lemhouse, Marsh, Seffinger, and Rosenthal, YES. Motion passed. APPROVAL OF MINUTES The minutes of the Study Session of October 5, 2015, Executive Session of October 5, 2015, Study Session of October 6, 2015 and Business Meeting of October 6, 2015 were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Annual presentation by the Housing and Human Services Commission Housing and Human Services Commissioners Regina Ayars and Coriann Matthews presented the annual update to Council: Social Service Grant Process http://www.ashlatid.or.us/Agendas.asp?Display=Minutes&AMID=6140&Prirtt=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 2 of 15 • The Commission successfully distributed 2016-2017 Social Service Grant funds to eligible applicants. • The Commission allocated funding in accordance with the Strategic Plan priorities and implementation strategies adopted by Council December 2014. • The Commission reviewed the Grant making process and is working on implementing improvements to the process, which includes an evaluation of grant funded activities. Affordable Housing Trust Fund (AHTF/HTF) • The Commission established a sub-committee to address the directives provided by Council regarding a sustainable funding source for the Affordable Housing Trust Fund. • Council directed the Commission to focus on the use of this money, the amount needed to meet identified community needs, prioritize the eligible uses of the HTF funds, and explore funding sources that are consistent with the current codes and goals. • The subcommittee was in the process of making an outline of community needs that the AHTF funding could address, and was researching formulas for determining the amount of funding the HTF needed to meet the identified needs, and evaluating a variety of funding sources. Student Fair Housing • The Commission completed Fair Housing Training. • The Commission continued their relationship with the Southern Oregon University (SOU) Student Government (ASSOU) and was currently working with that body to complete outreach to landlords and property managers to understand the issues of students as renters. • The ASSOU had two students apply for the Student liaison position on the Commission. 2. Presentation on Electric Service disconnection for non-payment Director of IT and Electric Utility Mark Holden explained the key to the process for low income, special medical needs customers, or those initiating the appeals process was contacting Utility Billing and informing staff of their circumstances. The Ashland Municipal Code (AMC) Chapter 14.02.080 and 14.02.015 addressed financial assistance and the Senior Citizen Discount programs. The City also offered Ashland Low Income Energy Assistance Program (ALIEAP) and the HEAT assistance program. The City did not limit the ALIEAP or the Senior Citizen Discount programs. AMC 14.02. 100 Restrictions on Residential Terminations addressed special medical needs customers. The City did not terminate service before weekends or holidays. Mr. Holden explained the timeline for disconnection. The City extended the timeline while customers moved forward on paying their bills. The City did not have a specific AMC addressing severe weather. However, the http:Hwr"~v.ashland.or.us/Agendas.asp?Display-Minutes&AMID=6140&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 3 of 15 City would not disconnect a customer from November to March if that termination would endanger a member of the household. Disconnects occurred when there was no response from the customer or they failed to keep payment arrangements and became so far past due they might never catch up on their billing. AMC 14.02.090 Appeal of Termination was the formal appeals process where the customer submitted a written appeal to the City Recorder during business hours. Only one appeal had gone before Council. All other issues were resolved using City practices. The City also worked with several state agencies and non-profits that offered utility assistance and referred citizens to those programs. The back of the utility bill explained how citizens could initiate assistance. Staff also used newsletters to inform the public of utility programs. The City had an average of 12 customers a month that had utility services discontinued out of 13,000 accounts. Staff sent out approximately 400 notices regarding delinquent pay monthly. PUBLIC FORUM Sarah Lukins/472 Walker Avenue/Spoke on behalf of Jackson County Fuel Committee (JCFC). In their experience, the current City policies needed to change. Council had supported rate increases for the past three years while the average income for Oregonians had decreased 2.25% since 2011. The City disconnected 125 households in 2014 and 102 in 2013. The winter moratorium from November to March did not apply to thousands of low-income residents. JCFC requested Council extend the winter moratorium to include all residents who made less than 200% of the federal poverty level. Ruby Nicol/1361 Quincy/Explained she was on financial aid, a single mother, on disability, and volunteered at Jackson County Fuel Committee (JCFC). The City's low-income electric discount should include the whole year and offer assistance for water rates. It was ridiculous that the City charged $10 for each doorknob disconnect hanger they hung. She asked Council to agendize a moratorium for all Ashland residents. Joseph Kauth/1 Corral Lane/Equated the Ashland Forest Resiliency cut to the diminished snowpack and temperature increase. He recommended planting other plants on the mountain to produce a transformative insulation layer lost during the cut. Urinating outdoors would help save water and might deter deer from bothering people.. He suggested an urban heat study for the Verde Village development. Installing fences at the Lithia Springs Hotel would be wise because people sitting on the sidewalk blocked pedestrian flow. Debra Neisewander/1159 Tolman Creek Road/Spoke regarding her personal struggle to pay her utility bills, described her work with the homeless, and encouraged everyone to get to know the homeless. Council Chair Marsh invited Ms. Neisewander to attend the Listening Session October 28, 2015 and share her experience and concerns. http://tiv-v"v.asliland.or.tis/Agendas.asp?Display=Minutes&AMID=6140&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 4 of 15 Councilor Voisin motioned that Council consider a resolution to consider extending an electric and water moratorium for the poor, details determined in consultation with Jackson County Fuel Committee and other non-profits on tonight's agenda. Motion died for lack of a second. Councilor Voisin motioned that Council consider a resolution to extend an electric and water moratorium for the poor, details to be determined in consultation with Jackson County Fuel Committee and other non-profits and add it to an agenda in December. Motion died for lack of a second. 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 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 City Attorney Dave Lohman pulled Consent Agenda item #6 for further discussion. Councilor Voisin pulled Consent Agenda items #3 and #5 for discussion. IT/Electric Utility Director Mark Holden clarified the City could discontinue the contract with Hunter Communications for internet bandwidth on contract anniversaries and confirmed the language was in the contract. He clarified the contract for repairs at Reeder Hydro and explained the system produced approximately $85,000 a year in benefit and was a key component in controlling water flow to the Water Treatment Plant. Councilor Voisin/Rosenthal m/s to approve Consent Agenda items 1 through 5, 7 and 8. Voice Vote: all AYES. Motion passed. City Attorney Dave Lohman pulled Consent Agenda Item #6 and deleted Section 2. Conditions to Transfer of Control 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, from the Resolution with Council consent. Councilor LemhouselSeffinger m/s to approve Resolution #2015-25 as amended. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Public hearing and approval of quitclaim deeds to terminate public http://w~"v.ashlanci.or.us/Agendas.asp?Display=Mintites&AMID=6140&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 5 of 15 pedestrian access easements. Engineering Services Manager Scott Fleury explained the property owners at 400, 401, and 420 Clay Street contacted the City regarding an existing pedestrian easement place as part of a planning action on a partition done at the property. They asked to remove the easement as a deed restriction on their properties. Planning staff went through the planning requirements to request removal of the pedestrian easements. The property owners went through the planning stages to make their request. Staff included the Birchwood easement since it tied into the Clay Street easement. Findings concluded there was appropriate pedestrian and bicycle facilities within the area at this time. The Public Hearing would relinquish interest in the property. The decision was final but Council might be able to go through the process and condition the property again. Public Hearing Open: 7:54 p.m. Public Hearing Closed: 7:54 p.m. Councilor Voisin/Seffinger m/s 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. Roll Call Vote: Councilor Lemhouse, Rosenthal, Seffinger, Voisin, and Marsh, YES. Motion passed. UNFINISHED BUSINESS ■ 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." Second 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" "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" http,/hvww.ashland.or.us/Agendas.asp?Display=Minutes&AMID=6140&Prirnt=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 6 of 15 Councilor Seffinger/Rosenthal m/s to postpone consideration of these three ordinances to the November 17, 2015 business meeting. DISCUSSION: Councilor Seffinger thought it was important for Councilor Morris to participate in the discussion due to his experience in planning. Councilor Rosenthal concurred and noted Councilor Morris' background on the Planning Commission. Council Chair Marsh explained all items would pertain to First Reading. Council would not accept public comment on the ordinances November 17, 2015 but would for Second Reading on any changes made during First Reading. Councilor Voisin commented Councilor Morris wanted to make some amendments. Roll Call Vote: Councilor L.emhouse, Voisin, Marsh, Rosenthal, and Seffinger, YES. Motion passed. 2. Downtown Beautification project update City Administrator Dave Kanner explained Kerry KenCairn of KenCairn Landscape Architecture had obtained an arborist's report on the condition of the trees in the project along with recommendations. She also developed an alternative plan and clarified this was a plan that would not remove trees. Christopher John, the owner of Canopy LLC and current Tree Commission member provided an assessment that recommended removal and replacement of several trees. Council Chair Marsh explained the first project for discussion was the parking lot on Pioneer Street and Lithia Way. Ms. KenCairn explained her mission and goal. She had missed the recent Tree Commission meeting and would present on her project at the next Tree Commission meeting in November. Her absence created a misunderstanding at the meeting regarding her goals and actions. Mr. John's tree assessment focused on the health of the trees in the project area and not the project. The alternate design would retain three Noble Maples at Lithia Way. One of the goals for the Pioneer Street parking lot was trees to shade the asphalt. The original design would remove 24 of the 33 existing trees. The alternate design would remove 21. Some were not trees but actually large shrubs. They would replace the 21 trees with ten large shade trees. The second project was located on the corner of Pioneer Street and Lithia Way. The original design would remove three existing trees. The alternate design would retain the middle tree creating a curb around it and adding mulch. They still recommended removing the tree on Pioneer Street and replacing it with a tree planted in structural soil with a tree grade to provide oxygen. Currently there was no way to help the existing tree without pulling up sidewalk. Ms. KenCairn clarified no trees were being removed for design purposes and did not think there was a way to have a tree between the sidewalks at the stores due to the two different elevations. They recommended removing the tree on Pioneer Street due new concrete on the corner. Alice Mallory/438 Taylor Street/Thought an arborist independent of the Tree Commission should have conducted the tree assessment and that Council should have chosen the arborist not the contractor. She asked Council to consider the existence of the trees as a canopy or shade and oxygen providers. http://Nvww.ashland.or.us/Agendas.asp?Display=Minutcs&AMID=6140&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 7 of 15 The new 2-inch caliber trees would take approximately twenty years to reach the size of the existing trees. She visited the parking lot and did not see where the roots were upsetting the sidewalk. Kathryn Thalden/550 Ashland Loop Road/Concurred with the Tree Commission's report. The City of Ventura California had a master plan for tree replacement that was gradual and over time. She read from a document submitted into the record. City Administrator Dave Kanner explained the long-term plan for the parking lot. It was a valuable piece of C-1 property in the downtown that would remove the landscaping when it redeveloped. Councilor Lemhouse/Seffinger m/s to table indefinitely the plans of tree removal for the Pioneer Parking lot until a more specific idea of the use of that lot is put forward. DISCUSSION: Councilor Lemhouse explained it did not make sense to improve the area only to have the landscape removed for development. There was no need to rush the project and it could happen in smaller improvements. Councilor Sef1'Inger agreed. The plan for that area was unknown and the community did not support removing trees. Councilor Voisin motioned to amend the main motion to clears up the parking lot area, prune trees, and provide preservation for the trees in need of it. Councilor Rosenthal raised a point of clarification and asked if the amendment would implement the landscaping plan with the exception of any tree removal. Councilor Voisin did not think that could happen because much of the proposed landscaping would occur under the trees. Councilor Rosenthal asked for a definition of cleaning up. Councilor Voisin explained it included trimming. Motion died for lack of a second. Councilor Rosenthal would not support the motion and thought they could determine a way to accomplish the original objective. Councilor Lemhouse/Rosenthal mis to amend the main motion that the project move forward with the other areas of the recommendation excluding tree removal. DISCUSSION: Councilor Lemhouse thought the suggestions brought up would clean up the area and beautify it as much as possible without tree removal. Councilor Rosenthal wanted to see the landscaping improved. City Recorder Barbara Christensen explained in Roberts Rules of Order there is no debate when Council made a motion to table an item indefinitely. City Attorney Dave Lohman noted under Council rules discussion could occur during a motion to table an item indefinitely. Councilor Voisin wanted to see some effort made to preserve the trees already there. They needed maintenance and wanted that included in the proposal. Ms. Christensen further explained Council was making amendments to a motion http://hvww.aslzland.or.us/Agendas.asp?Display=Minutes&AMID=6140&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 8 of 15 to table the plan. The amendments did not fit into the main motion. She suggested withdrawing the main motion and the amendment and restating new ones. Councilor Lemhouse withdrew his motion and amendment. Councilor Seffinger and Rosenthal agreed. Councilor Lemhouse/Rosenthal mis to move forward with the recommended project at the Pioneer Parking lot excluding the removal of the trees. DISCUSSION: Councilor Voisin/Seffinger m!s to amend the main motion to take care of the trees that are already there by preserving the trees and whatever needs to be done to preserve the trees already there. DISCUSSION: Councilor Voisin thought it was essential to take care of the trees and take preservation measures. The Tree Commission had proposals for that. Councilor Seffinger agreed in making the trees as healthy as possible. Councilor Rosenthal defined it as enhanced tree care needed. Mr. Kanner explained some tree care occurred yearly during spring and entailed trimming and pruning. Councilor Lemhouse would not support the motion. It was not specific enough in terms of what needed to happen to enhance tree care. He recommended not passing the amendment and directing staff to develop a plan for enhanced tree care with specific actions. Mr. Kanner thought the amendment directed staff not to remove any trees but take steps necessary to preserve the existing trees whether it was via soil amendment, limbing up, pruning, and removing undergrowth depriving the tree of oxygen and nutrients, and generally clean up the site in the undergrowth area per the recommendation of Ms. KenCairn. Councilor Voisin added tree corrective action and safety mitigation efforts that included pruning for structure, branch, and weight reduction, canopy thinning, fertilization, soil improvement, root crown excavation, malting, cabling branches, and many other actions. Councilor Seffinger confirmed Councilor Voisin's list were recommendations made by the Tree Commission. Roll Call Vote: Councilor Seffinger, Rosenthal, Lemhouse, Marsh, and Voisin, YES. Motion passed. Roll Call Vote on amended main motion: Roll Call Vote: Councilor Seffinger, Rosenthal, Lemhouse, Marsh, and Voisin, YES. Motion passed. Council Chair Marsh explained the next project located at the corner of Pioneer Street and Lithia Way had an alternate design put forward after consultation with the arborist. The design would retain the middle tree in front of the corner store and incorporate the seat wall as described in the documentation. Councilor Lemhouse motioned to accept the consultant's revised proposal with the exception of removing the tree on Pioneer Street. Motion died for lack of a second. Councilor Voisin/Seffinger m/s that the three Maple trees be maintained and that the sidewalks in the design be permeable and that the trees be given more space to grow however that might happen. DISCUSSION: http://www.ashland.or.us/Agendas.asp?Display=Mintites&AMID=6140&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 9 of 15 Councilor Voisin thought the trees were beautiful and did not think they were impaired or dying. Specialists had indicated they could salvage them. Councilor Seffinger did not think there was public support to remove the trees. Councilor Rosenthal would not support the motion, The decision point should not center on saving the trees. At least one required removal. He was uncomfortable with the proposed seat wall in relation to the sidewalk and thought the project needed further review. Councilor Lemhouse commented the area was limited regarding landscaping. He liked Ms. KenCairn's design. He was concerned about retaining a tree an arborist classified as a hazard. Council had a responsibility to mitigate potential safety issues. Councilor RosenthaULemhouse mis to suspend Council rules. Voice Vote: all AYES. Motion passed. Mr. Kanner clarified there was some time pressure regarding bids for the project and having it completed before the heavy tourist season began. Ms. KenCairn explained they would not be able to do the design if they retained the existing trees due to a grade issue that made the sidewalks unsafe and not legal. She clarified the only seat wall presently faced the art piece. What was thought of as a seat wall allowed the two grades to pass by each other. There was not enough horizontal space between the sidewalks to coexist. Trying to fix the area and retain the tree would kill it due to its root placement. The design for the middle tree and around the art piece would still work. Mr. Kanner was unaware of any injuries that occurred in that area. Engineering Services Manager Scott Fleury confirmed a couple incidents of people tripping and falling along the Pioneer Street corridor but could not recall the exact location. Trip hazards were complaint driven unless staff noticed an issue first. Adjacent property owners were responsible for sidewalk maintenance. Council Chair Marsh reinstated Council Rules. Councilor Lemhouse amended the main motion that tree #1 identified to the right or furthest away from Pioneer Street be removed as it has been identified as hazard and without its removal would not allow construction of the plan to go forward. Motion denied for lack of a second. Roll Call Vote: Councilor Seffinger, and Voisin, YES; Councilor Rosenthal, Lemhouse, and Marsh, NO. Motion failed 2-3. Councilor RosenthaULemhouse motion to direct staff to obtain quotes from a landscape architect to provide a design for the Lithia Way and Pioneer Street location while retaining the three trees. DISCUSSION: Councilor Rosenthal explained the contractor could not do the design if they retained the trees and he wanted a second opinion even if the conclusion was the same. Councilor Lemhouse disagreed on the need for a second opinion. Ms. KenCairn provided everything asked of her and it would be a waste of money to ask another person to do it again. httpJ/,~t,vvw.,ishland.or.us/Agendas.asp?Display==Minutes&AMID=6110&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 10 of 15 Mr. Kanner clarified the motion referenced East Main and confirmed Councilor Rosenthal meant Lithia Way. A formal bid was not required because the value of the contract was so low. There were very few landscape architects registered to do business in the area. Another informal process would take two to three months and push the project out to 2017. Ms. KenCairn confirmed it was possible to use her design and save two trees. Roll Call Vote; Councilor Rosenthal, Seffinger, and Marsh, YES; Councilor Lemhouse, and Voisin, NO. Motion passed 3-2. Mr. Kanner clarified bidding for the process was informal, did not require a request for proposal (RFP), and explained the process. NEW AND MISCELLANEOUS BUSINESS 1. AFN Internet project update IT/Electric Utility Director Mark Holden explained the AFN Internet project increased AFN's ability to compete and be financially successful by meeting the growing consumption of internet service and lower costs. The objective was increase internet capacity to meet existing demand, provide future expansion, and new and updated services. It would also lower internet costs and reduce or cushion AFN from the expanding demand from current customers and allow for additional competitive services. Council approved the project in two phases. Phase 1 provided the framework for rapid capacity growth for Phase 2 slated July 2016, installed equipment, and configured the network. It also changed AFN's connection model to the internet as a carrier instead of an internet service provider (ISP) and provided the framework for rapid growth in the capacity of the internet connection to the global internet for Phase 2. AFN completed Phase 1 late March 2015. Phase 2 would expand the capacity within the AFN network itself, leveraging the equipment investment in Phase 1. Phase 2 would increase the global internet connection flexibility and the capacity to the global internet. AFN completed the equipment installation for Phase 2 September 2015. They were testing functionality, expected to finish by October 30, 2015 with full commercial utilization of all equipment, and expanded bandwidth November 1, 2015 with testing through November 15, 2015. The project would enable AFN to develop new higher capacity products to meet the needs of the community both wholesale and retail. Performance, capacity, and cost changes resulting from the AFN Internet Project would facilitate competitively priced new services and presented an opportunity for retail and wholesale growth. AFN's internet was local and served customers within the urban growth boundary of Ashland. The connection outside of Ashland to the rest of the internet was the Global Internet Capacity. November 15, 2015, AFN will purchase 10 Gigabits for Global Internet Capacity. The new equipment could accommodate 20 Gigabits. AFN will be able to compete with Charter http.//wwNv.asliland.or.us/Agendas.asp?Display=Minutes&AMID=6140&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 11 of 15 Communications and offer products Charter Communications did not have in the area. This will also provide AFN with the equipment and bandwidth for streaming. AFN was working with an ISP partner who was running a program in September and October that would continue through November and December highlighting product definitions AFN was designing. AFN will soon send out a request for proposal (RFP) to hire a marketing company and anticipated responses within the next three weeks. 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 Chair Marsh explained this was the fourth season the City had an agreement with the faith community for a winter shelter. City Administrator Dave Kanner noted a correction to the resolution and removed the following language under Section 2 (g) "Appropriate signage must be displayed that warns against children being left alone." Additionally, Jackson County Animal Control advised the City regarding Section 4 Dog (e) that after each use of the shelter the volunteers should mop down the floors with a bleach solution. This recommendation could go into the separate agreement the City had with Rogue Valley Unitarian Universalist Fellowship (RVUUF) and Temple Emek Shalom and not necessarily the resolution. John Wieczorek/165 Orange Avenue/Represented RVUUF as their Social Justice and Action Chair. He confirmed volunteers already used a bleach solution to clean Pioneer Hall. The shelter had not encountered any issues with dogs. Problems with guests were mostly vocabulary and not behavioral. He had contacted Fire Marshal Margueritte Hickman who explained shelter occupant capacity numbers were different from capacity posted on the wall. She calculated Pioneer Hall and determined the capacity under the legal code was 42 guests. He recommended increasing the current limit of 25 to be more consistent with reality. Two volunteers for up to 30 guests was probably a good ratio. He confirmed dogs were not in crates and did not think it was a reasonable request. He also never verified if pets were vaccinated. An outreach organization called Street Dogs provided ongoing opportunities to vaccinate homeless people's pets. Councilor Lemhouse/Seffinger m/s to approve Resolution #2015-26. DISCUSSION: Councilor Lemhouse purposely left out the proposed amendment to delete the signage regarding children. He understood nothing had happened before but thought the City needed to plan contingencies and avoid anything that could happen. He did not think volunteer-guest ratios needed to be in the resolution and encouraged the volunteers to determine a range for backup in case of any legal action brought against the City. Council could direct staff on cleaning the shelter to meet Jackson County Animal Control recommendations. He was concerned the dogs were not being crated. RVUUF and Temple Emek Shalom needed to adhere to the agreement. Hearing otherwise disturbed him. Councilor Seffinger supported the program and added her concern regarding vaccinations. Councilor Marsh noted the shelter did not allow children. http://",mv.astiland.or.us/Agetidas.asp?Display=Minutes&AMID=6140&Print=True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 12 of 15 Councilor Voisin/Rosenthal m/s to amend the motion to delete Section 2 (g) "Appropriate signage must be displayed that warns against children being left alone." Voice Vote: all AYES. Motion passed Councilor Voisin motioned to amend the motion to change Section 2 (e) limiting guests to 25 to 42. Motion died for lack of a second. Continued discussion on amended motion: Mr, Kanner explained the requirement to crate dogs at the shelter was a recommendation from the City's insurance advisor due to dogs creating liability in public buildings. He did not know the liability of running a program that did not adhere to the rules of contract. It raised the question of the City's obligation to enforce where the City has riot taken a strict enforcement stance other than dropping in to see how the shelter was going. From his personal experience of visiting the shelter, it was a calm and quiet atmosphere. Another argument was the City created an affirmative obligation for RVUUF and Temple Emek Shalom to follow the rules making them liable if they did not. This would sort out if someone filed a claim. Mr. Weczorek commented the most dogs he had seen at the City shelter were six, spread throughout the room and hardly noticed. Other than a puppy urinating on the floor there were no incidents of biting or aggressive behavior at the City or church shelters. It would be difficult to haul crates back and forth to the shelter. Currently they bring several bins of blankets and pads. Crates would be cumbersome. Councilor Voisin/Rosenthal m/s to amend the motion and delete Section 4 (b). DISCUSSION: Councilor Voisin explained the one thing that gave homeless people a feeling of being normal was having a dog. They fed their dogs before they fed themselves. The dogs she had seen in shelters were well maintained and disciplined. Councilor Rosenthal agreed. He understood the municipality having a higher liability and the evidence over the past few years had not shown a problem. If there was an issue, Council could make that adjustment next year. He did not think the risk was high. Councilor Lemhouse questioned why Council would support an amendment knowing a liability could happen. They had a fiduciary responsibility to the citizens and their money. If something happened, it could put the entire program in jeopardy. Councilor Seffinger felt torn. Especially knowing some dogs did not have their vaccinations. She suggested having a few crates on hand to protect puppies or if a confrontation between dogs occurred. Councilor Voisin was sure the Street Dogs organization could come to the shelter and ensure dogs had their shots. She would personally make sure that happened. City Attorney Dave Lohman explained an ordinance coming before Council November 3, 2015 would re-enforce the Jackson County ordinance requiring dogs to be licensed and vaccinated or show evidence of vaccinations if they were not licensed here, Councilor Marsh commented crates gave a sense of security in allowing dogs but was impractical for volunteers to manage. The http://www.ashland.or.us/Agendas.asp?Display=Nlinutes&AMID=6140&Print=T1'lle 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 13 of 15 shelter had operated for two years now without crates or incident. It was time to acknowledge past experience and remove the requirement. Roll Call Vote: Councilor Seffinger, Rosenthal, Marsh, and Voisin, YES; Councilor Lemhouse, NO. Motion passed 4-1. Councilor Rose nthal/Lemhouse mis to amend the motion Section 2(e) and change shelter occupancy maximum to 30 guests. DISCUSSION: Councilor Rosenthal was not comfortable with 42 guests. Councilor Lemhouse thought 30 was reasonable but was skeptical that would actually be the limit and wanted it followed. Councilor Voisin and Seffinger would support the motion. Roll Call Vote: Councilor Rosenthal, Lemhouse, Marsh, Seffinger, and Voisin, YES. Motion passed. Roll Call Vote on amended main motion: Councilor Voisin, Marsh, Rosenthal, Seffinger, and Lemhouse, YES. Motion passed. 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" City Attorney Dave Lohman explained the proposed ordinance addressed ab,andoned houses. They lowered property value and created fire risk. Some owners were unable to pay the mortgage, left the house, and stopped making payments to the loan service company who in turn sometimes delayed foreclosure litigation and took no responsibility for the upkeep of the property. Lack of maintenance created risks to public safety to the point of the City undertaking abatement measures at the expense of the taxpayers. The proposed ordinance would cite the bank and if necessary issue an abatement order. Other cities in Oregon had similar ordinances. Councilor Seffinger!Rosenthal mis to approve First Reading of ordinance by title only and place on the agenda for Second Reading. DISCUSSION: Councilor Seffinger thought the ordinance was important for the quality of the neighborhoods. She had seen similar properties in Medford that housed criminal activity and did not want that happening in Ashland. Councilor Rosenthal agreed. Councilor Voisin supported the motion. Mr. Lohman added mortgages were typically turned over on contract to manage these homes and sometimes that did not occur or the actual security interest was sold to someone else. It would not cost the City much to determine ownership if needed. Councilor Marsh supported the ordinance as well. Mr. Lohman would look into a statute that allowed the City by ordinance to move its lien position up so only tax liens were ahead. Roll Call Vote: Councilor Rosenthal, Lemhouse, Marsh, Voisin, Seffinger, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS 1. Discussion on the fencing in the plaza littp://www.asliland.or.us/Agendas.asp?Display=Minutes&AMID=6140&Print-True 11/9/2015 City of Ashland, Oregon - Agendas And Minutes Page 14 of 15 Councilor Seffinger/Lemhouse m/s that we do not place any fencing on the downtown Plaza and plant larger sized plants. DISCUSSION: Councilor Seffinger explained the fencing was expensive. It would be less expensive to replace plants. It was also unattractive and it would be difficult to change the color of the fence. Councilor Lemhouse had concerns regarding fencing all along. He had supported temporary fencing and since changed his mind. The City would have to expect any vegetation planted in the Plaza would be trampled and replaced as an ongoing cost. City Administrator Dave Kanner noted the oak tree planted on the east side of the Plaza was the most problematic area and staff was unable to get anything to grow there. The plan called for large dense plants for that area. He suggested some type of temporary fencing for July 4th, Halloween, and the Festival of Lights. Given the bid schedule, nothing would most likely be planted until March 2016. Council could decide whether to have temporary fencing for large events. Councilor Rosenthal did not support fencing and wanted dense plants. Councilor Voisin supported the motion and thought it would be less expensive to replace plants. Councilor Marsh would also support the motion. Putting in an expensive fence for a short term did not make sense. Roll Call Vote: Councilor Voisin, Lemhouse, Marsh, Seffinger, and Rosenthal, YES. Motion passed. Councilor Lemhouse thanked Council Chair Marsh for running the Study Session and Regular meeting. Councilor Voisin provided a report on the Band Committee who was planning to travel to Guanajuato Mexico for the 50th anniversary of being a Sister City to Ashland, The Band Committee would raise funds to pay for a portion of their expenses. September 28, 2015 the Street Dogs Vets were at Uncle Foods Diner and serviced 24 dogs and 6 cats. Councilor Rosenthal announced the Climate and Energy Action Plan ad hoc Committee would meet the next day at 2:00 p.m. in the Community Development building. Councilor Seffinger noted the Forest Lands Commission had completed the Social History section of the Forestlands Master Plan revision and were making good progress. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 10:27 p.m. Barbara Christensen, City Recorder Pam Marsh, Council Chair http://Nvww.ashland.or.us/Agendas.asp?Display=Minutes&AMID-6140&Print=True 11/9/2015