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HomeMy WebLinkAbout2015-1215 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 December 15, 2015 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Study Session of November 30, 2015 2. Executive Session of December 1, 2015 2. Business Meeting of December 1, 2015 VI. SPECIAL PRESENTATIONS & AWARDS None 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.) [95 minutes maximum] VIII. CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Contract specific special procurement from Tyler Technologies 3. Approval of a change order in excess of 25% for consulting services to the Ashland Transportation System capital projects 4. Approval of a resolution titled, "A resolution clarifying language in Resolution 2015- 29 (adopting a supplemental budget increasing appropriations' within the 2015-17 biennium budget), Resolution 2015-29 is repealed" IX.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 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 p.m. and be continued to a future date to be set by the Council, unless the Council, by a two-thirds vote of those present, extends the hearing(s) until up to 10:30 p.m. at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda.) 1. Public Hearing and first reading of an ordinance titled, "An ordinance amending Chapters 18.2.2, 18.2.3, 18.2.5, 18.3.2, 18.3.3, 18.3.5 and 18.6.1 of the Ashland Land Use Ordinance relating to homegrown marijuana cultivation and marijuana- related businesses including production, processing, retail sales, testing, and wholesale and declaring an emergency" X. UNFINISHED BUSINESS None Xi. NEW AND MISCELLANEOUS BUSINESS 1. Recommendation from the Public Art Commission for Gateway Island public art 2. City Council support for lifting the statewide pre-emption on inclusionary zoning XII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second readings 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 supporting document to the City of Ashland Comprehensive Plan" and "An ordinance amending the Street Dedication map, Planned Intersection and Roadway Improvement map, and the Planned Bikeway Network map of the Ashland Transportation System plan for the Normal Neighborhood plan area and amending street design standards within the Ashland Municipal Code Chapter 18.4.6 to add a new shared street classification" and "An ordinance amending the Ashland Municipal Code creating a new Chapter 18.3.4 Normal Neighborhood District, amending Chapter 18.2.1.020 to add a Normal Neighborhood zoning classification, and amending Chapter 18.2.1.040 to add a Normal Neighborhood Special District." 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 1). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON CIJARTER CABLE CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US City Council Study Session November 30, 2015 Page I of 5 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, November 30, 2015 Council Chambers 1175 E Main Street Mayor Stromberg called the meeting to order at 5:30 p.m. in the Civic Center Council Chambers. Councilor Voisin, Morris, Lemhouse, Rosenthal, and Marsh were present. Councilor Seffinger was absent. 1. Public Input Bruce Bayard/621 A Street/Addressed concerns the Historic Commission had with the Gateway art piece "Gather-" and explained the placement, scale, and mass of the art piece would not hinder the view of the historic hotel. The location was not in the downtown district but at the confluence of three historic districts and was a transitional place. The selection process was ten _years in the planning. Council approved the site of the Gateway project after many study groups, public input meetings, a master plan, City ordinances all under the guidance of multiple council liaisons to the Public Arts Commission. "Gather" expressed the intensely focused creative energy representative of Ashland in its emerging status as a contemporary creative vortex. Amy Blossom/140 Susan Lane/Participated on the selection committee for the art piece as a regular citizen. The committee adhered to the guidelines and the selection was unanimous. She worked at the library and was proud of the choice. She was an historian but felt "Gather" was a contemporary piece that fit into Ashland. Christian Burchard/777 Pompadour Drive/Also participated on the selection committee and an artist for almost forty years. Public art was always a problem. It used public money and the selection would never satisfy everyone. "Gather" created a beautiful place in the location. It created a triangle with two historical pieces and was a wonderful addition to the City. He supported Council in whatever decision they made. He understood the decision was difficult especially if a small group of people tried to derail the process. John Barton/245 Piedmont/Addressed the selection process for the Gateway art piece. It was unclear how many people supported "Gather" or opposed the art piece. The Mayor appointed commissions to represent the public will. Opening the process to a vote would be messy and expensive. Not all public policy was set by popular vote. Using public commissions was more efficient. He supported the process. Joseph Kauth/1 Corral/Questioned whether community represented compassion, mercy, or did they represent the dark side that was a show of force. He used the greenhouse and church down by the dog park as an example of the dark side. People would go to church then stop by the greenhouse. Once the greenhouse closed, people stopped attending church and it closed. The church was the light side and development the dark side. He noted how the Ashland Forest Resiliency cut affected the weather. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 3. Review of codified public art selection process City Administrator Dave Kanner clarified the $100,000 for public art was money from the Transient Occupancy Tax (TOT) and restricted by state law under ORS 3.28. City Attorney Dave Lohman addressed comments regarding selection of a local artist. Oregon statutes can favor Oregon contractors only if the bids were equal in terms of quality and more. The City had a provision in its contracting code stating the City would use local suppliers whenever practical and feasible while seeking to obtain the lowest and best responsible proposal. City Council Study Session November 30, 2015 Page 2 of 5 Public Arts Commission Chair Margaret Carrington introduced Public Arts Commissioners Sandra Friend, Dana Bussell, Laurel Merchant, and Richard Newman, and shared their backgrounds and expertise. The Public Art Master Plan began in 2006. The Public Arts Commission worked with the community for six months, distributed 2,500 questionnaires, posted on the City website, and included notices in the Ashland Chamber of Commerce newsletter. Citizens completed 359 surveys. The Commission made presentations to local service clubs, two public forums, and two focus group sessions and published the Master Plan in 2007. Management Analyst Ann Seltzer addressed Ashland Municipal Code Chapter 2.29 Public Art. The Commission posted a notice on the Americans for the Arts website asking for public art master plans and ordinances. The city attorney at that time reviewed public art ordinances from other cities. Council adopted the resolution October 2008 and the ordinance in January 2009. Chair Garrington explained the Public Arts Commission developed the Gateway Request for Qualification (RFQ) over a series of meetings 2011 through 2013. In May 2013, the Commission chair informed Council about the intent to post a Gateway RFQ and use TOT funds for the project. In October 2013, Council was informed that the Public Arts Commission planned to publish the RFQ. The criteria in the RFQ called for a signature installation that had a contemporary context, was a visual landmark, and strengthened economic development in tourism. The installation needed to be iconic, create excitement and interest, challenge the viewer's perspective, enhance the experience of entering the downtown core, and encourage reflection on the larger world community. Applicants submitted a letter of interest, an artist statement, resume, references, and images of pertinent work. The City received 63 artist submissions that met the minimum requirements. Ten were local artists. The Public Arts Commission narrowed the applicants to five. Selection criteria for artists included professional qualifications, proven artistic merit, body of work, experience with the public process, demonstrated skill fabricating and installing large outdoor artwork, artistic excellence, and proven ability to create and deliver high quality, easily maintained durable large-scale art on time within budget. The Public Arts Commission relied on the ordinance and the Public Art Master Plan for the selection process. The final four applicants had several months to create art concepts based on information in the RFQ, citizen input word clouds, and visiting Ashland. Public outreach efforts involved letters to the editor in the Sneak Preview newspaper, distributing handouts with a commission presence at the Plaza for two First Friday events, announcements through the Ashland Art and Galley Association, and the Chamber of Commerce, and the City utility billing newsletters. The Commission utilized Open City Hall and had a table in the library regarding the Gateway art project. The Public Arts Commission received 70 citizen responses for each of the four questions posed along with importance. In March 2015, the four finalists submitted artistic concepts. Three finalists remained in the process and presented their concepts at the library twice. The following day the selection panel reviewed the criteria and selected "Gather." Ms. Seltzer addressed the selection panel and explained the Commission sent out a request for qualifications for participants. The panel consisted of art professionals and enthusiasts, residents near the proposed site, community members and City administrators. They evaluated the proposals and made a recommendation. AMC 2.29 stated the selection panel was chosen after an advertisement went to the newspapers, postcards sent to property owners within 300-feet of the proposed site and a notice went on the City website. The Public Arts Commission did not place an ad in the newspaper or post a notice on the website. Past actions indicated ads and website notices were ineffective in generating responses from candidates willing to serve on the selection panel. However, postcards to neighbors were successful. She listed the selection panel participants. The panel relied on the Public Art Master Plan and code to make their recommendation. City Council Study Session November 30, 2015 Page 3 of 5 The Commission thought the request for qualification benefited the process. For narrowing applicants, the Public Arts Commission took the criteria in the RFQ and requirements in the ordinance to create a matrix then ranked all the artists through seven meetings. Public art was an industry within an industry and the Gateway piece required an engineer and a fabricator. For the scale and location, it was important to ensure the artist was qualified and experienced. The Commission called all the references provided. The Public Arts Commission clarified Historic Commission member Allison Renwick participated on the selection panel as a professor of art. The Public Arts Commission had not heard any of the concerns and ol?jections the Historic Commission had regarding the art piece until the newspaper article a month before and were surprised. There were several opportunities to hear negative comments fi-om the Historic Commission or other commissions regarding the project and the Public Arts Commission heard nothing. Council suggested having the finalists possibly submit multiple concepts. Chair Garrington explained the PAC paid for the artists to develop their concepts. Requesting multiple concepts would cost the City more money. Alternately, not paying the artists for their concepts could result in lesser quality of work. Ms. Seltzer further explained the Commission worked on the RFQ and language over a three-year period. The ordinance did not require a review by other commissions. The Public Arts Commission explained contemporary was anything done by an artist living today. Requesting contemporary art left the options open. Including information that the location was within the historic district was not a requirement for the RFQ. Councilor Voisin asked how the Public Arts Commission saw their relationship to the Historic Commission regarding artwork in the historic district. Councilor Lemhouse raised a point of order and explained questions should pertain to the selection process and not the relationship between commissions. Mayor Stromberg ruled with Councilor Lemhouse. Council comments agreed the Public Arts Commission followed policy and suggested including the Historic Commission and the Community Development Department in the review process for RFQs in the future. Councilor Voisin read AMC Chapter 2.29.130 Guidelines for Recommendation by the Commission, A, Selection Guidelines for Works of Public Art, 3 History and Context and wanted to know how the Public Arts Commission considered history and context when they wrote the RFQ. Chair Garrington responded they wrote the location in the RFQ as a gateway site for the City along with a description of Ashland. Commissioners gave the artists a tour- of Ashland. Ms. Seltzer added history and context was used to evaluate the proposals that came forward. City Attorney Dave Lohman clarified 2.29.130 (A)(3) History and Context referred to the site, not the project. History was being used in two different ways. The Public Arts Commission wanted to bring something forward that started a dialogue about art. The piece would have detractors and lovers. There would always be differences of opinion about art. Mr. Kanner explained Council would make their decision by applying their best personal judgment, value regarding the piece, and vote accordingly. Mr. Lohman added the ordinance laid out specific guidelines. Council could not vote against the piece because the artist was not local. The code was detailed so Council could rely on a group of experts and not make aesthetic decisions. Ms. Seltzer addressed the cost and estimated of the $100,000, $60,000 would go to fabrication, $12,000 for transportation, $5,000 to the artist's fee, $10,000 contingency, and the rest would cover installation that included renting a crane and pouring the pad. Exact amounts would be available at the December 15, 2015 Council meeting. Commissioner Newman added public art was a large industry with a small group of artists. City Council Study Session November 30, 2015 Page 4 of 5 The amount allocated was very reasonable. The Public Arts Commission started saving for the Gateway art project in 2008, allocating $12,000 to $14,000 annually and would reach the $100,000 goal in 2016. The Commission was confident that they should determine recommendations for Council versus submitting 3 to 4 options for Council to select. The selection panel were not only experts but represented the public in Ashland. The Historic Commission voted unanimously the selection process needed changes. Council suggested adding language to the RFQ that included input from the Historic Commission regarding a project. Councilor Lemhouse thought a study group consisting of people from the Public Arts Commission, the Historic Commission and the community review the current process. Councilor Voisin read suggestions from the Historic Commission had on working with the Public Arts Commission that included a joint study session to review the process when a selection related to historic districts, and commission liaisons that would attend meetings to prevent a disconnect in the future. Councilor Lemhouse raised a point of order explaining comments made by Councilor Voisin to the Public Arts Commission were not appropriate. Council established liaisons, not a commission. Alternately, the Public Arts Commission was always open to input and he did not want the inference they were not. Councilor Voisin raised a point of order regarding Councilor Lemhouse's comments. She thought it was derogatory to her comments and taken out of context. Mayor Stro►nbe.rg ruled in favor of Councilor Lemhouse and thought the comments spoke to whether the recommendation implied a decision by the Public Arts Commission. Council majority directed staff to bring a proposal for an ad hoc working group to review the selection process to a fixture Council meeting. 4. Discussion of Land Use Ordinance Amendments for Homegrown Marijuana and Marijuana- Related Businesses Community Development Director Bill Molnar explained the Planning Commission thought the original draft limiting indoor production on a commercial level to 10,000 square feet (sq. ft.) building was too large. There were employee density and job growth concerns as well. The Planning Commission reduced building size to 5,000 sq. ft. due to energy and water consumption. Planning Manager Maria Harris added the state adopted rules limiting the size of indoor commercial growing and production based on energy and water use from 5,000 sq. ft. to 10,000 sq. ft. The draft ordinance coordinated with state rules regarding size. City Administrator Dave Kanner added the energy concern was peak hour use and suggested an ordinance that would allow the City to enter into purchase agreements with large electric consumers that encouraged them through incentives not to use electricity during peak hours. Off peak use would not push the City to Tier 2 and was straight revenue. Ms. Harris clarified the maximum allowed for outdoor recreational marijuana was four plants. The Planning Commission was trying to balance allowing people to exercise their rights under Measure-91 while being mindful of close housing and keeping size and scale away from adjoining residences due to the odor issue. The 10-foot height limitation and number of plants kept the size and scale compatible with the residential environment. House Bill 3400 specifically allowed local governments to adopt time, place, and manner restrictions on marijuana growing. The Planning Commission thought there should be some allowances to grow outside to take advantage of sunlight and natural precipitation. State law allowed six mature plants for medical marijuana and under the new regulations, 12 plants per site. State law did not address the amount outdoor or indoor except for the commercial production piece. In the draft ordinance it did not matter if it was personal or commercial, four City Council Study Session November 30, 2015 Page 5 of 5 plants outside was the rule. Per state law, plants could not be viewed from a public street or public place that included commonly owned open space or places that operated like a public right of way. Setback regulations primarily addressed odor. The City code compliance officer determined through complaints that more than four plants became odoriferous. Most of the complaints involved properties with 10 to 96 plants. Four plants produced a tolerable odor for a reasonable person. City Attorney Dave Lohman clarified the nuisance ordinance was still in place. If four plants created an odor a reasonable person would find obnoxious, the City could have the owner cut down some or all four plants even though they were allowed. Ms. Harris added the Planning Commission looked at land use control to address nuisances. The draft ordinance included medical and recreational marijuana sales. The Planning Commission carried forward existing rules. Medical and recreational marijuana sales were allowed as a special use in the commercial zone if located on a boulevard street. It was a conditional use if located 200-feet from a residential zone. The Commission included a stipulation that retail sales were 1,000 feet from each other and schools. State law required medical marijuana dispensaries be 1,000 feet from schools and each other. Recreational was 1,000 feet from schools but not each other. The Planning Commission decided initially the City should be conservative and relax regulations later. Ashland currently had four existing dispensaries. The state would start taking applications for commercial sales January 2016. To date there were no police calls regarding the dispensaries. Mr. Lohman spoke to the City of Denver's assistant city attorney responsible for marijuana regulations. They reviewed their ordinances every few months due to discovering new things. Another issue was commercial operations affecting industrial land. In Colorado, industrial space was no longer available due to commercial grows. The City of Denver's assistant city attorney recommended leaving space for non- marijuana grows. Councilor Voisin left the meeting at 7:45 p.m. Mr. Kanner added Denver had not imposed rules on commercial indoor grows and that resulted in large-scale operations the used tremendous amounts of energy and very few employees. The state of Oregon put rules in place to prevent that from happening here. Ms Harris confirmed resident growers could grow indoors in residential zones as long as the house was the operator's primary home and they lived there. One standard stated the majority of the home could not be used to grow marijuana. The initial draft allowed a maximum of twelve plants per property with four outside. However, the ability to enforce that number for indoor grows was not feasible. The Planning Commission applied the 200-feet from a residential zone to commercial grows, processing and labs. They wanted to start at a more conservative level and relax standards over time. Mr. Molnar added it was an unknown in terns of potential security issues and attractive nuisances. Council Lemhouse was concerned allowing grows in R-l zones and allowing too much industrial growing in town. Meeting adjourned at 7:50 p.m. Dana Smith Assistant to the City Recorder City Council Business Meeting December 1, 2015 Page 1 of 7 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 1, 2015 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at the Civic Center Council Chambers at 7:03 p.m. ROLL CALL Councilor Voisin, Morris, Lemhouse, Seffinger, Rosenthal, and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Forest Lands, Housing & Human Services, Public Arts, and Transportation Commissions. APPROVAL OF MINUTES Councilor Morris made a correction to the November 17, 2015 minutes, page 5 of 7 regarding the discussion following the motion to approve Ordinance 43112 as amended. The correction changed "disrespect" to "respect" in the following sentence, "Councilor Morris thought this was another common sense rule and spoke to a lack of respect people had for each other lately." City Attorney Dave Lohman noted a clarification in the November 16, 2015 Study Session minutes on page 4, third paragraph, second sentence, "However, a councilor could attend the meeting of a commission for which the councilor is not the council liaison." The minutes of the Study Session of November 16, 2015 and Business Meeting of November 17, 2015 were approved as clarified and amended. SPECIAL PRESENTATIONS & AWARDS 1. Report on Ashland Community Resource Center Ashland Community Resource Center Manager Leigh Madsen explained the Resource Center had served 1,323 since inception. He shared three individual's stories describing how the Resource Center helped them. He went to provide a presentation on the past two years of costs that included: Expenses • $153,000 Operation costs covered rents, Leigh Madsen's salary, Utilities, Repair and maintenance • $31,334.67 Family Emergency Fund helped 100 families o Eviction prevention o Utility shutoff prevention o Housing support o Home repair o 1. D. o Job barrier removal • $9,053 Tina Stevens Jobs specialist and Navigator (case manager) salary • $193,387.67 Total cost • $19,500 Shower trailer, laundry and tow vehicle donated to the Center • $61,288 "In the Warn" - donations of shoes, boots, sleeping bag, etc. • $274,175.67 Total Value Income • $100,000 from CoA • $95,500 in Grants already received 0 $83,047.43 Local Cash Donations City Council Business Meeting December I, 2015 Page 2 of 7 • $71,288 Goods Donated • $349,835.43 Total income There was enough money to operate the Resource Center through 2017 and maintain all services. Professional Services • $20,525 Veterans services ACCESS Easter Seals, etal 821 hours $25/hr • $13,970 Mental Health JCMH 33 hrs $25, Mike Thor, Frederic Kay 352 $35/hr • $1,250 Maslow Projects 50 hours $25/hr • $76,250 Attorney Dennis Goldstein gave 300 hours $250/hr • 7,100 volunteer hours at the Resource Centers $25/hr Jackson County Mental Health (JCMH) sent a Community Outreach manager to the Resource Center for six months. In order for JCMI-I to be paid, they had to do a complete intake of the client and that was difficult in the Resource Center due to security issues. The other issue was the client had to be on the Oregon Health Plan (OHP). Mr. Madsen ended up contacting three professionals who volunteered their time instead. City Administrator Dave Kanner added JCMH was planning to open a mental health satellite office in Ashland that would eventually staff 21 employees. They would start with limited services January 2016 and over time develop a south county office. Mr. Madsen addressed the flood of travelers Ashland experienced over the summer. He distributed clothing the Resource Center would have normally donated elsewhere to the travelers as needed. Of the 800 homeless people served he estimated 250-300 were homeless on a regular basis and the rest traveled through the area. The Resource Center did not discriminate and worked to maintain an environment that made people feel safe and comfortable. They received food from The Food Angels. Financial support from the City was 50% for the first two years, approximately 30% for the next two years and would continue to decline over time. Tracking jobs was difficult because often one client would go through several jobs. The Resource Center starting using an online Ashland Jobs service to track employment. Regarding behavior issues, the Resource Center had an intention that everyone would be safe and comfortable and act accordingly. They used a warning system for enforcement that could result in expulsion from the Center for up to 30 days. Currently they were working on people sleeping in the parking lot and bushes around the Resource Center. Mr. Madsen thought having an extra ten hours of administration weekly and a volunteer coordinator would benefit the Resource Center. Another benefit was strengthening the Center's relationship with Good Will Industries for job development services. The Resource Center was also looking into developing an advisory board. He reaffirmed ACCESS' role with the Resource Center. Councilor Marsh noted that January 21 and 22, 2016 representatives from the Palo Alto Downtown Streets Program would come to Ashland to discuss their program, tour Ashland's services, and meet with the community. 2. Ashland Police Department launch of drug amnesty/treatment center placement program Police Chief Tighe O'Meara explained the Ashland Police Department (APD) would soon launch a new program regarding the destruction of illegal drugs and treatment facility placement for those seeking help. In 2013, over 8,000 people died nationwide from heroin overdoses. Ashland had three fatal heroin overdoses in 2013 during a 3-4 week period. In 2014, Ashland Fire and Rescue (AFR) responded to 42 calls regarding drug overdose and administered Naloxone, an anti opioid eighteen times. City Council Business Meeting December 1, 2015 Page 3 of 7 A new program modeled after the Police Assisted Addiction and Recovery Initiative would allow anyone to walk into the Ashland Police Department and drop off illegal substances anonymously. The second service was in collaboration with OnTrack and Asante Community Hospital. Anyone needing help to resolve addiction issues could walk into the police station, have drug amnesty, and connect with a caseworker and treatment center immediately. The Police Department would facilitate the process. However, if that person had a warrant they would have to take care of that prior to treatment. The drug amnesty portion could only occur at the police station. APD would advertise both programs and use social media and press releases. PUBLIC FORUM John Chmelir/3743 Calle Vista/Medford, OR/Ran Alzheimer's Centers and wanted to build one in Ashland in the urban growth boundary (UGB). Over the next 30 years, the population of people with Alzheimer's would double. He asked for a fire connection to connect the sprinkler system in the building to the City water pump station that existed as an easement on his property. Barbara Comnes/444 Park Ridge Place/Encouraged Council to add a pedestrian railroad crossing just north of A Street. The tracks between Oak Street and -North Mountain Avenue ran three quarters of a mile without a crossing. Having a pedestrian crossing in that area would decrease pedestrian travel time up to nine blocks. She read from documents submitted into the record. City Attorney Dave Lohman would meet with Ms. Comnes regarding the crossing and railroad regulations. Joseph Kauth/I Corral/Noted the Founder's tree and a Maple tree were no longer in the Plaza. Other comments included lights for aggressive deer, endangered species in the area, dorm structures, the Ashland Forest Resiliency (AFR) cut, the Plaza project, Road Diet, the Welcome Center, small houses, the chicken ordinance, the Ashland Greenhouse, and a church near that had closed because the greenhouse shut down. Forty-three year old Oregon land use bills needed a greater environmental impact statement with a longer public comment time. He thought the AFR cut somehow contributed to global weather events and earthquakes. City Administrator Dave Kanner explained Mr. Chmelir's request for sprinkler system connection would come before Council December 14, 2015. CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Approval of a liquor license application for Josh Hamik dba Boulevard Coffee/Stratford Inn 3. Approval of a liquor license application for Merrill Smith dba La Baguette Bakery 4. Approval of a resolution titled, "A resolution adopting a supplemental budget increasing appropriations within the 2015-2017 biennium budget" 5. Acceptance of FY2014-2015 Comprehensive Annual Financial Report Councilor Voisin/Seffinger m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Public Hearing on an Ordinance Amending Title 18 Land Use of the Ashland Municipal Code for Homegrown Marijuana and Marijuana-Related Businesses Community Development Director Bill Molnar explained the draft code amendments addressed personal use of marijuana and the establishment of marijuana related businesses. It also addressed homegrown marijuana on individual tax lots in residential areas as well as commercial and employment areas that City Council Business Meeting December 1, 2015 Page 4 of 7 allowed mixed use or residential on the property. The ordinance limited the number of plants based on lot and not number of homes or buildings on the parcel. The second part of the ordinance addressed marijuana related businesses in the commercial employment and industrial zones and included retail sales, laboratory testing, processing, production and wholesale all limited to indoor. The ordinance prohibited outdoor cultivation of marijuana as a related business in a commercial, employment, or industrial zone. The ordinance did not distinguish between medical or recreational marijuana. Prior to the Study Session, staff discussed the impact production and wholesale might have on the City's inventory of employment lands. The City was a participant in the Regional Bear Creek plan that was a 50-year plan and looked at accommodating growth at an urban level of development over the next 50 years. The plan would identify adjustments or additions to the urban growth boundary (UGB) and included residential and employment growth. Ashland had approximately a 25-30 year supply within the UGB instead of a 50-year supply and needed to evaluate ways to accommodate more employment within the existing UGB. The City was looking at flexible parking requirements and height increases for employment buildings. If Council concurred staff would come back with a few suggestions. Indoor production was limited to a 5,000 square foot (sq. ft.) building but that did not preclude someone from having multiple 5,000 sq. ft. buildings on an employment site. Planning Manager Maria Harris explained the proposed standards for homegrown marijuana allowed up to four plants outside. The 50 sq. ft. Of cultivation area had to be 10 feet from property lines and 20 feet from dwellings and adjoining properties. The grow area had to be close to the resident growers home. . Maximum plant height was 10 feet. The grow area could not be visible from a public place or street and not in a front yard. Any related activities had to happen indoors. The grow area needed to be screened and have secure access at all times. The resident grower had to live on the property and it had to be their primary residence. Electrical and plumbing equipment had to adhere to building code and required a building permit. Light and glare from light systems had to be confined to the interior of the structure. A grower could not use vacant or uninhabited dwelling units for marijuana cultivation nor could a dwelling unit be primarily a place to cultivate marijuana. The state law was more permissive in number of plants allowed for a residential dwelling unit. One dwelling unit could have four recreational plants per household or 12 medical plants per address totaling 16 plants. Two dwellings units could have eight recreational plants per household and 24 medical plants per address for 32 plants. Three dwelling units could have 12 recreational plants per household and 36 medical plants per address for 48 plants. The Planning Commission was trying to balance state law allowances with impacts to residential neighborhoods in terms of nuisances. Apartment buildings would have to get permission from the property manager to grow and would require a 24-hour contact. The draft ordinance was more conservative than the state and based the number of plants allowed per lot, not households. Only four plants outdoors per lot regardless of how many apartments or dwelling units existed on the parcel. The Planning Commission wanted people to be able to grow some plants outside for personal use in the interest of energy and water conservation. Another issue discussed was maintaining residential as primarily residential. Townhomes would not meet the setback requirements for outside grows. The Commission stressed the need for the buffer to mitigate odor. Eligible locations for marijuana related business included commercially zoned properties, E-1, C-1, and M-1 adjacent to a boulevard. E-1 and C-1 zones further than 200 feet from residentially zoned property City Council Business Meeting December 1, 2015 Page 5 of 7 required a Conditional Use Permit. Currently, the City did not allow agriculture in the commercial zones. There were enough areas for 5-6 more retail sites in Ashland. Marijuana outlets had to be 1000 feet from a school. Other exclusion areas included the Downtown Design Standards Overlay, commercially zoned property within 1,000 feet of a school or existing dispensary, 1,000 feet from a licensed dispensary, or commercially zoned lands within 200 feet of residentially zoned property. This applied to medical marijuana dispensaries as well. The ordinance did not distinguish between medical or recreational. Laboratories, processing and production facilities required a 200-foot buffer from residential zones. Production was limited to 5,000 sq. ft. of gross floor area. Jackson County Medical Marijuana Dispensaries did not correlate with population. There were 16 dispensaries in Jackson County, Medford and Ashland each had four. The City did not use minimal employment densities. The Comprehensive Plan goal was a minimum of 10 employees per acre, citywide it was approximately 17-18 employees per acre with more downtown. Councilor Rosenthal/Marsh m/s to extend Public Hearing to 10:30 p.m. Voice Vote: ALL AYES. Motion passed. The Planning Commission looked at Washington and Colorado who started retail sales during 2014. Washington did not allow homegrown marijuana. Both states had the option of prohibiting marijuana related businesses. For Oregon, in a county like Jackson County where 55% of the population voted for marijuana, the jurisdiction had to put a prohibitive ordinance out to vote. In Colorado, 70% of their cities and 66% of the counties prohibited marijuana related businesses. In Oregon, 19% of the cities and 36% of the counties were opting to prohibit marijuana related businesses. Colorado prohibited outdoor growing and in some cases. they prohibited growing in sheds. Oregon law included standards regarding packaging, security on the premises, ventilation, and lighting. The Planning Commission looked at Siskiyou and Shasta counties and the City of Phoenix regarding setbacks. The City of Denver took a free market approach resulting in having a third of the marijuana retail stores located in Denver. There were more cannabis outlets and dispensaries in Denver than Starbucks and McDonalds combined. Denver found 50% of sales were out of state. Resort communities had 90% out of state sales. Other issues Denver experienced was low employment generation and inflated warehouse market prices out of congruence with other business markets. Colorado based enforcement on nuisance and the reasonable person's standard for light, glare, and odor. Mr. Kanner explained Council might want to discuss whether to carry over all the time, place, and manner restrictions in the medical marijuana ordinance to the proposed ordinance given the actual experience with dispensaries. Public Hearing Opened: 9:10 p.m. PUBLIC TESTAMONY Shayne Christen/285 Upper Powell/Williams, OR/Explained lie was the on the Board of Directors for the Oregon SunGrown Growers Guild. He clarified the state had not determined co-location of medical or recreational marijuana rules yet. He shared his experience growing medical marijuana, speaking before the state house, and the Oregon Liquor Control Commission (01-CC). He questioned how compassionate it was using land use laws to restrict people from their medicine and cautioned potential push back on the state level if counties used land use laws. The plant numbers presented were not accurate. The state would restrict the number of medical marijuana plants allowed within city limits statewide to 12 for two patients. The state was also considering requiring 25% renewable energy to offset the carbon footprint for industrial operations. In addition, collocating medical and recreational stores would produce a hefty tax check for the City. City Council Business Meeting December 1, 2015 Page 6 of 7 Andrea Adams/310 North Main Street /Phoenix, OR/Fornnerly ran a dispensary called The Greenery in Ashland 2011 through 2013 prior to moving to Phoenix. She spoke on behalf of the people who needed medical marijuana as medicine. She addressed the amount of marijuana it took to produce cannabis concentrates. A cancer patient could go through the equivalent of a pound a month using concentrates. One plant could barely produce a pound. Restricting patient grows to four plants instead of six was not enough for people to grow for themselves or someone else. The state will license medical and recreational outlets separately even if collocation was permissible. This will create a conflict with the City's 1,000-foot buffer requirement. Ms. Adams further explained indoor growing was difficult. It cost more money, space, and expertise. Tests results also showed outdoor sun grown medicine was stronger and contained more of the medicinal properties. Mr. Christen confirmed that 3 to 4 weeks out of the year marijuana was odorous. Ms. Adams added some people found it very offensive but it was not harmful. She questioned the balance of having 3-4 weeks of odor with the year round medical benefit for a patient. Mr. Christen noted people smoking marijuana would produce an odor yearlong and wondered if some of the City's constituents were complaining about that smell or the plant itself. Generally, the odor was at its strongest mid September to mid October, or the fill month of October depending on location and strains. Jay Barry/2237 South Columbus/Medford, OR/Shared personal history living and working in Ashland. She currently managed several rental properties and supported a tenant's right to grow medical marijuana. Tere Knight/2237 South Columbus Ave/Medford OR/Grew medical marijuana in Medford for one patient and now that was in jeopardy. She was concerned people were undereducated on the values of medical marijuana and potential onerous regulations now that recreational marijuana was legal. Six plants were not enough for a cancer patient. She urged Council to take the information they had heard into consideration. Public HearinII Closed: 9:33 p.m. UNFINISHED BUSINESS - None NEW AND MISCELLANEOUS BUSINESS 1. Annual Appointment to the Citizen Budget Committee City Administrator Dave Kanner explained a current member of the Budget Committee, Shaun Moran, was interested in reappointment. City Recorder Barbara Christensen had advertised the vacancy and received no applications. Councilor Voisin/Rosenthal m/s to reappoint Shaun Moran to the Citizen Budget Committee with a term ending December 31, 2019. Voice Vote: all AYES. Motion passed. 2. Annual Appointment of Citizen Audit Commission and Council Liaison City Administrator Dave Kanner explained Council appointed a liaison annually to the Audit Commission. Councilor Rosenthal was the liaison for the past year. A current member of the Audit Commission, Thomas Hepford, was interested in reappointment. City Recorder Barbara Christensen had advertised the vacancy and received no applications. City Council Business Meeting December 1, 2015 Page 7 of 7 Councilor Marsh/Lemhouse m/s to reappoint Councilor Rosenthal as Liaison and Thomas Hepford to the Citizen Audit Commission with a term ending December 31, 2016 for Councilor Rosenthal and December 31, 2018 for Mr. Hepford. Voice Vote: all AYES. Motion Passed. ORDINANCES, RESOLUTIONS AND CONTRACTS - None OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Voisin thanked Ashland Fire and Rescue for the Thanksgiving dinner they had for over one hundred senior citizens. Senior Program Manager Chris Dodson did a wonderful job getting everything ready for the event. Secondly, she hoped everyone was hoping and praying for Mt. Ashland ski resort to open on December 12, 2015 for recreation. Finally, she thanked the volunteers who worked at the emergency winter shelter over the holiday weekend and expressed her appreciation for Heidi Parker and John Wieczorek. Councilor Lemhouse recognized Ashland High School sports and noted the importance of athletics for education. Sports taught young people responsibility, how to deal controversy, adverse conditions, and persevere. Councilor Seffinger thanked Councilor Lemhouse for the article he wrote supporting local businesses. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 9:40 p.m. Dana Smith, Assistant to the City Recorder John Stromberg, Mayor Minutes for the Ashland City Recorder Position ad hoc Committee November 4, 2015 Page 1 of 4 MINUTES FOR THE ASHLAND CITY RECORDER POSITION ad hoc COMMITTEE Wednesday, November 4, 2015 City Hall, 20 E. Main Street 1. Call to Order Chair Stefani Seffinger called the meeting to order at 2:04 p.m. in the finance conference room in City Hall. Committee members Bryan Almquist, Pam Lucas, Barbara Christensen, and Dave Kanner were present. 2. Approval of Minutes Minutes of October 28, 2015, were approved by the group as presented. 3. Public Forum None. 4. Departure of Committee Member Christensen stated that after the first meeting it became clear to her that it probably wasn't appropriate for her to continue to be a member of this committee. The process makes her too uncomfortable and she finds it difficult to be unbiased. She would hate for a decision to be made based on her desires rather than what is best for the community. She stated she is happy to assist the committee in any way they may need. She believes the committee will come up with a good recommendation for Council, but she is going to step down as a member. Almquist stated that Christensen's input has been valuable, but he understands her reluctance to remain on the committee. He believes it is important to run any recommendation from the group by her to get her thoughts before taking it to Council. Group thanked her for her assistance. Christensen departed the meeting at 2:1Op. m. 5. Discussion of Pros and Cons Group discussed what changes would need to be made to the Charter and/or the Municipal Code (AMC) if the position were to remain elected. The point of this process is to set qualifications for the position. Group expressed concerns that if there were AMC changes, but no Charter changes, they wouldn't be binding. In other words, someone could meet the minimum qualifications set forth in the Charter, but not meet the updated requirements in the AMC and could legally challenge the City in order to get the position, despite not being qualified. Group discussed why it would be negative to also put too many details or requirements in the Charter. Charter changes are difficult, and reduce the ability to be flexible as times and technologies change. Group discussed appointed versus elected recorder positions throughout Oregon. Only two, in considerably smaller cities than Ashland, have elected recorder, so clearly there is success in having this as an appointed position. Group discussed concerns with the financial requirements Minutes for the Ashland City Recorder Position ad hoc Committee November 4. 2015 Page 2 of 4 in the Charter. The Finance Director informed Kanner that he believes current staff can take on the finance duties that the Recorder does or those she currently doesn't do (due to technology or process changes) which are listed in either the Charter and Code. Group determined that, regardless of whether it's appointed or elected, with all the technology and department changes over the years the Charter needs to be updated to reflect those changes. Seffinger asked group if anyone felt it was important that the position remain elected. Group was unanimous that the position should be appointed. An appointed position is what would best protect the community due to the fiduciary responsibilities, knowledge, professionalism, and attention to detail required for the position. These are traits you hire for, not things you elect. Positions which make political (policy-making) decisions should be elected, but this position makes no political (policy) decisions and therefore should be appointed. Group discussed what a typical hiring process would be for a position of this type. As it is not a department head level position, there is no need for Council approval, rather it would be solely appointed by the City Administrator. This process may be complicated by the fact that we still have a Mayor and Council form of government, unlike most of the rest of the cities in Oregon. In most cities, all appointments of department head level and below go through the City Administrator, as all channels go through that position, but that is not always the process here. Department head level position hiring frequently go through Council here. Group discussed whether, despite this clearly not being a department head level position, it would be easier for the community and Council to accept the change from elected to appointed if it were appointed by the Mayor and Council. Almquist stated that ultimately, it should be appointed by the City Administrator but keeping it with the Mayor and Council may be a good interim solution. Group wondered if the best process would be to have an administrative hiring process (i.e. no involvement or interviews by Council) with a recommendation to Mayor and Council by the City Administrator for final approval. The only challenge to this model is that the City Administrator would be doing the day-to-day supervision of this position but would not have authority in hiring or firing due to Council's authority in the process. Lucas wondered if this is a problem, as this position is technically the clerk of the Council. Kanner stated that the Council would only deal with this position for a few hours a month at meetings but staff has to work with them for the rest of the regular working hours. He agreed to come up with some language regarding why having the position appointed by the City Administrator would be valuable. Group discussed whether this position would be a separate department or part of another department. They determined that with the proposed job duties central to this position it's more likely that this will become a one-person job with no need for additional personnel and therefore, no need for it to be a separate department. Seffinger stated this is also another reason why an elected position is not good - it is more difficult to have an elected official integrated into staff. If it is appointed, it can be integrated into the entire staff group. Group discussed whether they need to develop a job description. It was determined that the group should review the job description previously created to determine that the skill levels and qualifications match with the discussions of this group. Additionally, they would like to see the salary set in a range not too different from current levels, to make the transition easier for Council and the community to accept. Group determined they need one more meeting to look at all the recommendations they have Minutes for the Ashland City Recorder Position ad hoc Committee November 4, 2015 Page 3 of 4 worked on and make any adjustments. Group discussed whether there should be a secondary recommendation, in case the proposed Charter changes fail in an election. They agreed that regardless of whether Charter changes are approved, the AMC needs to be amended to bring the job into the 21" century. The two difficult points are that both the salary formula and financial duties are set by Charter, which makes the ability to bring the position into this century more challenging. There is no way to guarantee this position, which requires accuracy and professionalism, would be filled appropriately by a person elected. There is no way to guarantee protection of the City's interests if the Charter update is not approved. Group requested that Kanner and Seffinger come up with a draft recommendation for review by the group. They agreed to do so. Group reiterated that this is in no way a reflection of who is currently in the position, and the work that they do, but this is only a way to provide the best structure for the City's future. Group determined that a clear explanation, maybe in spreadsheet form, of all changes to duties in both the Charter and AMC something like: Current AMC/Charter Recommended Update Reason for Change Group discussed whether other parts of the AMC should be amended in relation to this position, such as who handles taxicab licensing. They determined that the whole AMC should be reviewed, but Council can make changes over time, there is no need to do it all at once. Group discussed what election would be best to put these changes before the voters. They preferred either May or November of 2016. There was concern about other major measures being on the November ballot and there was also concern about how little time there is to get information out into the community for the May ballot. Group discussed what would constitute a reason for firing in this type of position if appointed. Kanner stated there are HR policies in place which would apply to this and all city positions. Appointed positions are required to follow a strong code of ethics (from both city and State) and follow all City policies. This is an additional reason why having this position be appointed alight be important. Group discussed whether having a preamble to explain all the qualifications necessary for a person holding this office would be important. They determined that any clarification couldn't hurt. Group discussed concerns regarding there being no requirement for an elected official holding this position to hold regular office hours, or even ever be in the office. The Group agreed that having no requirement to be on duty and yet still earn a substantial paycheck with benefits from the City is another reason the position should be appointed. The Group agreed that the general recommendation should include the following: Minutes for the Ashland City Recorder Position ad hoc Committee November 4, 2015 Page 4 of 4 • position should be appointed • process for appointment • outline of the duties of the office • salary range • timeline for election • rationale for the proposed changes • Charter language recommendations 6. Future Meetings Schedule The next meeting will be On December 9t" at 3:00 p.m. 7. Adjournment Meeting adjourned at 3:45 p.m. Respectfully submitted, Diana Shiplet Executive Assistant 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 Marm 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 15t" 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 announcement 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 of 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 Ft. Collins, will be in-town on Saturday, November 14`x' and is willing to meet with this group, if they would like to. Group agreed that they would like to meet informally with hire 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 Gutchen - 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 Energy Action Plan ad hoc Committee October 21, 2015 ]'age 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 if group has additional posting locations they should let hirn 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 1" and the 3rd Wednesdays at 2:00 p.m., with the understanding that some dates will need to be changed due to holidays or lack of agenda. In the November 4th meeting they want to discuss 1) the final preparations for the November 15th 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 14th 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 18t" 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 AD-HOC CLIMATE ACTION AND ENERGY PLAN COMMITTEE Meeting Minutes November 4, 2015 - 2:00 PM Fire Station 41 455 Siskiyou By Call to Order Chair Rosenthal called the meeting to order at 2:02. Committee members Alick, Green, Sohl, Biegel-Coryell, Shawkat were present. Hanks was present as staff. McGinnis arrived at 2:15. Approval of Minutes The minutes of the October 7° 2015 meeting were motioned and approved unanimously. Hanks noted that the October 21'2015 minutes were not included in the packet as they were not yet complete and would be provided for committee review/approval at the next meeting. Public Form Heulz Gutcheon spoke to the Committee about his plan for the Ashland Renewable Energy Acquisition Department concept and discussed the importance of the upcoming smart grid. Chair Rosenthal introduced the newest member of the committee, Claudia Alick. Alick provided a brief summary of her background and current work with the Oregon Shakespeare Festival and her personal interest in the community and the climate. The group went around the room with committee member introductions and welcomes to Claudia. Climate Plan Kick Off Event Hanna Sohl, Executive Director of Rogue Climate and a partner in the Ashland Climate Challenge provided the committee with a final update on the Kick off week programs and events, going over the most current calendar and expectations of the final event on Sunday the 15th. The group asked some clarifying questions and Rosenthal offered a suggestion on the wording on the promotion of one of the week's events. Sohl stated she would update the wording accordingly. Rosenthal reminded the committee of the scheduled meeting with Dr Scott Denning, the kick- off event keynote speaker on November 10' at noon. Hanks noted that a meeting location hadn't yet been selected. Green offered the Food Co-op classroom and Hanks offered to organize a City funded lunch for the committee and Dr. Denning. All approved of both ideas Climate & Energy Action Plan RFP Rosenthal asked Hanks to inform the committee of the RFP review and scoring committee selection and responsibilities. Hanks noted that the process is confidential throughout the duration of the process and becomes public record after the appeal period is complete, which is seven days after the Council approved notice of intent to award. CITY OF S H LAS N D Hanks and the committee discussed the conflict of interest rules and clarified several examples to ensure the committee understood. The Committee discussed which members would be interested in participating and asked Hanks some questions about process, time commitment, etc. The group narrowed the field of interested members and decided to make a final decision at the next Committee meeting. Update on GHG Inventory project Hanks provided an update to the committee on the ongoing Greenhouse Gas Inventory project and stated that the data collection is roughly 80% complete, with the community scope transportation data being the toughest to compile. Hanks and the consultant, Good Company, are working with the transportation modeling planners at ODOT to get Ashland only data from the regional data modeling software used. The project is on track for a completed inventory report in mid-January. Schedule and Agenda for Upcoming Meetings The group discussed upcoming meetings and decided that a meeting immediately after the kick- off may be too soon and decided to have the next meeting on Wednesday, December 2°d at 2:00 back in the Siskiyou Room at the Community Development building. Rosenthal adjourned the meeting at 3:30. ASHLAND HISTORIC COMMISSION Meeting Minutes November 4, 2015 Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room REGULAR MEETING - CALL TO ORDER 6:04p.m. - SISKIYOU ROOM in the Community Development/Engineering Services Building, located at 51 Winburn Way Historic Commissioners Present: Mr. Skibby, Ms. Kencairn, Ms. Renwick, Mr. Emery, Mr. Ladygo, Mr. Shostrom, Mr. Giordano Commission Members Absent: Mr. Swink (E), Mr. Whitford (E) Council Liaison : Carol Voisin Staff Present: Staff Liaison: Mark Schexnayder; Clerk: Regan Trapp APPROVAL OF MINUTES: Ms. Kencairn motioned to approve minutes from October 7, 2015. Mr. Ladygo seconded. No one opposed. PUBLIC FORUM: There was no one in the audience wishing to speak. COUNCIL LIAISON REPORT: Ms. Voisin gave the Council Liaison report. OLD BUSINESS: Public Arts Commission, Gateway Island proposal. Public input and Commission recommendations on the proposal will happen during this time. Mr. Skibby opened the discussion by reading a statement from Bill Molnar in regards to the Gateway Island Proposal and what their focus needs to be during this discussion time. Mr. Skibby asked if there was conflict of interest or ex parte contact. Ms. Renwick brought to the attention of the Commission that she was selected for the Arts Commission review panel as a modern art historian and went on to say that was she was not appointed as a representative from the Historic Commission. Ms. Renwick stated that she does not beleive she has a conflict of interest or financial gain in this project. Mr. Schexnayder reminded the Historic Commission that unless a Commissioner has financial conflict, they are not required to recuse themselves. Mr. Schexnayder emphasized that if a Commissioner has a pre-disposition likely to affect their objectivity they should disclose it now. Mr. Skibby opened the discussion for comment from the public regarding "Gather". George Kramer of 326 N. Laurel, Ashland, OR addressed the Commission and read his letter to the Historic Commission into record regarding the "Gather" sculpture. See exhibit A, attached. Mr. Kramer stated that he opposed the scale of the sculpture and the process by which it was chosen. He stressed that he does not agree with the Public Arts Commission's broken process and encourages the Historic Commission to protect the downtown by making a clear and strong statement to City Council. David Powell of 875 Beswick Way, Ashland, OR addressed the Commission regarding the "Gather" sculpture. Mr. Powell does not like the scale, massing and location of the sculpture and stated that it does not fit in with what he pictures Ashland to be. Mr. Powell feels that the City should be promoting the Historic character of the town in such a public place. Alice Mallory of 438 Taylor, Ashland OR addressed the Commission regarding the "Gather" sculpture. Ms. Mallory stated that she represents the thoughts of many citizens of Ashland and would like to ask the City Council to please reconsider the placement of the "Gather" sculpture. Ms. Mallory feels that this large, expansive and expensive, contemporary sculpture would best be suited for the grounds of the City Government offices on East Main Street. A large piece of art like this would complement the Contemporary architectural style of the City offices and could become a symbolic invitation welcoming people to the civic center, the "gathering place" of our local government. This location would provide a home for the "Gather" sculpture, in harmony with its theme and its size while expanding Ashland's reputation as an art community beyond the downtown periphery. The Historic core should be preserved as an area apart from the contemporary and urban areas of town. She is one of many that would like to see a vigorous recruitment of artists from the Rogue Valley. She asks that the City Council slow the pace of this process and plan a public listening meeting so that all voices may be heard. Mr. Skibby closed public input and opened to the Commissioners for comments regarding "Gather". Mr. Giordano stated that he was impressed with the public comment and could not add more to what was said. Ms. Renwick remarked that an attack on the Public Arts Commission is inappropriate. Having been a part of this process, they were in no way any of the things mentioned in George Kramer's letter. They were rigorous in their selections and the issue about local artists is that they are, for the most part, not capable of handling an installation of this scale. She emphasized that locals do not pay the Transient Occupancy Tax (Hotels/Motels) which paid for the "Gather" sculpture. She stressed that according to the City website it is not the job of the Public Art Commission to bring art to the Historic Commission nor is it the Historic Commission's job to comment on it. Ms. Renwick went on to say that an ADHOC committee with both Historic and Public Arts representative's should be formed to change the flawed process. As a member of the Public Arts Commission selection committee, each member had to write a letter to the City Council. Ms. Renwick read aloud her letter addressed to the City Council stating she is in favor of the sculpture. There was some discussion by the Commission on the size, scale and measurements of the "Gather" sculpture. Ms. Renwick read aloud the charters of both the Ashland Historic Commission and the Public Arts Commission. Ms. Renwick stated that the descriptions are vague but the point is that we need to address the process. She went on to say that the "Gather" piece has been chosen and that the Historic Commission has known about this for at least 3 years. Ms. Renwick declared that the process going forward needs to be addressed. Ms. Voisin impressed upon the importance that the Historic Commission make some recommendations to the City Council on location, placement, size and materials of the "Gather" sculpture. Ms. Kencairn thinks the "Gather" sculpture is appropriate but says the process is flawed. Mr. Emery thinks the "Gather" sculpture is appropriate but says the process is flawed. Mr. Skibby thinks the art is inappropriate for the area. He stated that it would be more suitable in another location. He commented that it competes with the surroundings and is not compatible with the Historic District. Mr. Kramer interrupted the Commission review and stated that the fact that Ms. Renwick is testifying for the Public Arts Commission when she is a Commissioner on the Historic Commission is totally inappropriate. Mr. Kramer requested a rebuttal once the Commission is done with their comments. Mr. Skibby allowed rebuttal. Mr. Shostrom is most concerned about the process. He added that the "Gather" sculpture is out of scale and character for the area. Mr. Giordano stated that art is very subjective and knows there are specific things they are supposed to comment on but is unable to comment because, in his opinion, the artist made "Gather" for that location. He agrees that the process is flawed. Mr. Ladygo added that he too feels the process is flawed. He went on to say that someone from both the Public Arts Commission and the Historic Commission needs to represent at the Commission meetings. Mr. Ladygo stated that, of the 3 finalists, "Gather" was the most appropriate for the location. Mr. Ladygo is unsure that anything better could have resulted from the process that was in place at the time. Mr. Swink was absent from the meeting but submitted a letter to the Historic Commission in regards to the "Gather" sculpture. Ms. Trapp noted this letter for the record. See attached exhibit B. Mr. Skibby allowed rebuttal time from the public. Mr. Kramer referenced the duties and responsibilities of the Historic and Arts Commission charter in section 18 which lays out the responsibilities of design review. He declared that the Historic Commission needs to treat this as though the Public Arts Commission was any other applicant. He pointed out that the "Gather" sculpture was made to be a landmark and that this landmark will impede the view of the Ashland Springs Hotel "by design". Mr. Kramer went on to say that that the Public Arts Commission did not consider these issues when they wrote the criteria for the RFP. He stressed that the Historic Commission should not allow a failed process to create an incompatible product that will take over a major part of the Downtown area. Ms. Mallory mentioned that she was a tourist in Ashland for many years and was brought here by Ashland's unique character. She noted that tourist's pay for the art but are not asked what they would like to see in Ashland. She went on to say that the residents of Ashland need to be made aware of these projects and that the Commissions need to do a better job of getting the word out. She pointed out that there are voices out there that would like to be heard and would appreciate being notified about public input sessions. Mr. Powell was surprised that the downtown art project would not be reviewed by the Historic Commission and that all future projects in this area should go through their review. Mr. Schexnayder gave the Historic Commission direction on what needed to be done to send a clear message to the City Council. After review the Historic Commission was unanimous in their opinion that the process used to select public artwork is flawed. Furthermore, they believe that any Public Arts Commission project proposed to be located within Ashland's Nationally Registered Historic District should require a recommendation by the Historic Commission to the City Council. In this instance, they find that the Public Arts Commission Master Plan and the Gateway Island Project RFP are inconsistent. In regards to the artwork selected by the Public Arts Commission for the Gateway Island Project the Historic Commission's opinion was divided. The following is a tally of votes in favor and against four aspects of the project that affect historic compatibility: Location and Placement - 4 in favor vs. 3 against Scale and Massing - 4 in favor vs. 3 against Materials - 4 in favor vs. 3 against Overall Process used for Selection of the Artwork - 0 in favor vs. 7 against It should be noted that Mr. Giordano abstained from the voting. 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: 391 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. Ray Kistler of Kistler, Small, White addressed the Commission in regards to the final plan for a type two site review for the renovation of the two historic houses, construction of six townhouses and a residential cottage. Leslie Gore of Kistler, Small, White, elaborated on the concerns and issues, brought up at the October Historic Commission meeting. Mr. Skibby closed the public hearing and opened to the Commission. Mr. Giordano motioned to approve PA-2015-01517 with below conditions and recommendations. Mr. Ladygo seconded. No one opposed. The Historic Commission recommends approving the application as submitted subject to the specific recommendations below: 1. The Historic Commission recommends composition shingle roofs for the Mickelson-Chapman House and Smith-Elliot House because this treatment is historically compatible. Metal roof is appropriate for the new cottage. 2. The Historic Commission would prefer the Mickelson-Chapman House remain a residential use because this house is a historical residence. 3. The Historic Commission recommends that the porch and dormers be restored and that siding be replaced in kind where necessary. 4. The Historic Commission supports the Exception to Street Standards to allow the continuation of the existing curbside sidewalk pattern established with the Winston Building at the corner of Water and B Streets because this design would allow for larger porches and retains the historic location of the sidewalk. NEW ITEMS: Review board schedule Project assignments for planning actions DISCUSSION ITEMS: Email from David Sherr. Mr. Skibby requested that this be tabled until the next regular meeting. COMMISSION ITEMS NOT ON AGENDA: There were no items to discuss. Review Board Schedule November 12th Terry, Kerry, Bill November 19th Terry, Sam, Tom November 25th (Weds) Terry, Allison, Andrew December 3rd Terry, Sam, Keith Project Assignments for Planninq Actions PA-2014-01956 Lithia & First All PA-2014-00710/711 _ 14_3/135 Nutley- - - Swink & Whitford PA-2014-01283 172 Skidmore Shostrom PA-2014-00251 30 S. First St Whitford BD-2013-00813 374 Hargadine _ Swink PA-2013-01828 310 Oak St. (Thompson) Shostrom PA-2014-02206 485 A Street Renwick PA-2015-00178 156 Van Ness Ave _ Kencairn PA -2015-00374 160 Lithia Way Eme PA-2015-00541 345 Lithia Way Giordano & Renwick PA-2015-00493 _ 37 N. Main _ Skibby PA-2015-00878 _ 35 S. Pioneer Ladygo PA-2015-01163 868 A' Street Kencairn PA-2015-00980 637 B' Street Shostrom PA-2015-00797 266 Third Ladygo PA-2015-01115 34 S. Pioneer Ladygo _ PA-2015-01496 35 S. Second-Winchester Inn Shostrom PA-2015-01512 198 Hillcrest Swink PA-2015-01695_ 399 Beach Skibb PA-2015-01769 860 C Renwick PA-2015-01517 209 Oak Shostrom ANNOUNCEMENTS & INFORMATIONAL ITEMS: Next meeting is scheduled for December 2, 2015 at 6:00 pm. There being no other items to discuss, the meeting adjourned at 8:25pm Respectfully submitted by Regan Trapp r n , t Testimony of George Kramer, 386 N Laurel, Ashland As presented to the Ashland Historic Conuni.ssion, 4-Nov-2015 j "Old Business, PAC Gateway Island Proposal Eliminating the AHC from this process by choice, in my opinion invalidates the ENTIRE process. As a result the Gateway Island Project from the beginning has been mis-guided, ill-conceived and counter to the character of downtown. Gather may be a nice piece but it is too big, too tall, and visually incompatible with the character of downtown precisely because that is what the PAC ask for. The right response to the wrong question is still wrong. This process was flawed from the start, Gatlwr is the entirely predictable result. i I encourage this Commission to do its job and in protecting downtown. I encourage you to make a clear and strong statement to City Council that a work like Gather, while perhaps attractive, is nevertheless wrong and incompatible with the character of downtown that you are bound to protect. The process the PAC has followed did not allow your input in a timely manner and, had it, we might have avoided this controversy, This is not about "Art." It is not about contemporary or what I like or you like. This is about ' location and scale. The PAC should either move Gather to a spot where its scale is appropriate or they should go back to the drawing board. And this time they should follow the same standards that everyone else does, and have their proposals for Downtown reviewed by the Ashland Historic a Commssion before they get to the point of reconunending a preferred design to City Council. And we should fix this problem before any future project, including the $75K downtown beautification project that Council has alrady funded for installation between Starbucks and the old Fortmiller's building. While Gather should be stopped, this isn't about Gather. Its about the broken process that allowed it to proceed and that process needs to be fixed. I would encourage the AHC to put that in your recommendation to Council too. If not, I fully expect we'll all be here doing this again in the future. Respectfully Submitted, i George Kramer 386 North Laurel Ashland, OR george@preserveoregon.co m i Page 2 of 2 i f Keith Swink Eagle Harbor Designs 524 Granite St, Ashland, Oregon 97520 CCB#134824 (541) 482-1133 LBPR#134824 (541) 482-8857 (fax) CSLB#500745 B HIC November 2, 2015 Dear fellow Historic Commission members, Since I will not be present for the November 4`r' commission meeting, I wanted to comment in writing a few of my concerns about the PAC gateway sculpture discussion that I will be missing. Firstly, I want to emphasize that I feel that public art is important in all communities. I However..... I believe that the current way that the Historic Commission and Arts l Commission constantly run at odds in their respective missions has an ongoing and and frustrating history that needs to be rectified now. t As a member of the Historic Commission 1 feel that any public artwork that is considered for the installation in any historic district needs to be approved by the Historic Commission. Period! i The Arts Commission needs to submit their intentions to our commission just as anyone that has building projects that would impact the historic character of our designated historic districts would. Especially for an installation that will have such a significant visual effect on our historic downtown corridor as the currently proposed Gateway sculpture. I believe that the currently proposed sculpture is completely inappropriate to represent our community in any way. To me, it is in no way historically compatible with our downtown street scape. It seems to be a sculpture more compatible in a more contemporary large open space park setting. 3 I think it is all well and good that the Arts Commission noticed meetings over the past year or more for the public for comment, however, they should have been coming to the scheduled Historic Commission meetings for our feedback and approval before making unilateral decisions about such an important piece of artwork that should represent our community. It is way past time that this situation, where our commissions continually work at cross purpose be rectified by the city council and I support any direction the commission deems appropriate to help rectify this currently flawed process we are regularly struggling with. Sincerely, Keith Swi CITY OF ASHLAND ASHLAND PLANNING COMMISSION SPECIAL MEETING MINUTES OCTOBER 27, 2015 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Troy J. Brown, Jr. Bill Molnar, Community Development Director Michael Dawkins Maria Harris, Planning Manager Debbie Miller April Lucas, Administrative Supervisor Melanie Mindlin Haywood Norton Roger Pearce Lynn Thompson Absent Members: Council Liaison: None Greg Lemhouse, absent ANNOUNCEMENTS & AD HOC COMMITTEE UPDATES Community Development Director Bill Molnar updated the commission on the Normal Neighborhood Plan. He stated the City Council has held two meetings and approved first reading of two of the three ordinances. The Council made a minor amendment to reduce the size of the neighborhood commercial overlay and the ordinances have been continued to November 17, 2015. Mr. Molnar requested the commission check their holiday schedules and stated it is likely either the November or December study session will be cancelled. PUBLIC FORUM No one came forward to speak. LEGISLATIVE PUBLIC HEARING A. PLANNING ACTION: PL-2015-01677 DESCRIPTION: An ordinance amending chapters 18.2.2, 18.2.3, 18.2.5, 18.3.3, 18.3.5 and 18.6.1 of the Ashland Land Use Ordinance relating to homegrown marijuana cultivation and marijuana- related businesses including production, processing, retail sales, testing, and wholesale. Planning Manager Maria Harris reviewed the draft ordinance and noted the ordinance addresses both homegrown marijuana and marijuana related businesses. She explained the following changes have been made to the ordinance since the commission's last review: • Laboratories were added as an eligible use in the E-1 and M-1 zones. • Marijuana related businesses were added to the list of prohibited uses for a home occupation. • The limitation on the number of indoor plants was deleted. • Removed the sliding scale for number of plants allowed on larger lots. • Removed language prohibiting homemade marijuana extracts. • Added language to ensure outdoor grows are secured at all times. • Added 1,000 ft. separation requirement for retail outlets. • Added language that prohibits vacant dwelling units for being use for marijuana cultivation. Ashland Planning Commission October 27, 2095 Page 1 of 4 Ms. Harris identified the following items for commission deliberations: Cultivation Area Location Ms. Harris stated the draft ordinance includes a requirement for residents to locate the cultivation area closer to their primary residence than to dwellings on adjoining properties or to dwellings in the same multifamily development. However, staff has some concerns about this. Ms. Harris explained this would be a fairly complicated standard for a resident grower to figure out and would likely require review of aerial maps to determine distances. This requirement would also be more difficult for staff to administer and enforce. Maximum Plant Height Ms. Harris stated the current draft sets a 10 ft. maximum height, however staff has suggested coordinating this with the 6.5 ft. maximum fence height. Setbacks Ms. Harris stated the draft ordinance establishes a 10 ft. setback from property lines and 20 ft. from residences. If the commission changed this to 20 ft. from property lines and 30 ft. from residences it would adversely impact many of the homes in the R-1.5 zoning district, as well as smaller lots and townhouses throughout town. Ms. Harris stated on larger lots the setback is not an issue, but smaller lots would not have an area eligible for outdoor growing. Southern Oregon University & Croman Mill Districts Ms. Harris clarified the need to add a provision for homegrown marijuana in the Southern Oregon University and Croman Mill zoning districts. She noted this was an oversight and should have been included in the original draft. Questions of Staff Commissioner Dawkins expressed concern with the cultivation space requirements and stated he is not clear why this limitation is needed or whether 50 sq.ft. is enough space. He also recommended the measurement of the setback be taken from the center of the plant's base. Comment was made that the restrictions are there to limit odor. Dawkins countered that residents are already limited to four plants. Community Development Director Bill Molnar explained the intent was to limit the size of the planting area and associated odor, and stated a single marijuana plant can grow to 25 sq.ft. Commissioner Thompson suggested the ordinance include a reference to the limitations set by the state law. Ms. Harris stated staff did discuss this with the city's attorney and came to the conclusion to not reference all of the state's laws and rules since they are constantly evolving. Commission Thompson requested the ordinance include a statement similar to '%n addition to the requirements contained in... "so that people are aware that there are other requirements that apply. Commissioner Pearce commented on section 18.2.3.190.A.3 and asked how this ordinance would apply to someone who owned multiple lots. Ms. Harris stated if someone owns multiple lots on a contiguous piece of property staff would treat this as a single lot; however, she stated she would look into this further. Request was made to amend the Homegrown Marijuana definition (pg. 36) to read: for personal consumption, whether for medical or non-medica/purposes, orfora medical mar#uana cardholder. "Amendment request was also made to change 18.2.3.190.4.131a to read: 'Outdoormar#uana cultivation orstorage of merchandise, rawmaterials, orother material associated with the business is prohibited. "A typo was noted at the top of page 36; it should be corrected to read: cultivation of fragile or out-of-season pl ants for personal enjoyment or for subsequent use. " Staff was asked whether limiting the height would reduce odors. Ms. Harris explained the 6.5 ft. height limitation was suggested to address visibility issues from other residences as well as security concerns. She stated if people can't see it hopefully they won't try to access it. Comment was made that using the fence height is an easy marker for homeowners to know where they need to top their plants. Comment was made expressing concern with the term "limiting view" and it was questioned if the ordinance should say "prohibit view" instead. Ms. Harris stated you can't completely limit the view from a two-story residence, but if you go with the fence height limitation neighbors won't be able to see the plants from yard level. Ashland Planning Commission October 27. 2015 Page 2 of 4 Staff was asked how the noise created by fans will be addressed. Ms. Harris clarified the legal department will be updating the nuisance section of the municipal code to address this. Staff was asked if a minimum setback would present the same problems as requiring residents to locate grow areas closer to their residence than adjacent residences. Ms. Harris stated the setback is a bit more manageable because it is a set figure that applies to everyone. Staff was asked why the plant height would be limited if they are not visually unappealing and it was noted other plants (tomatoes, etc.) do not have a height limitation. Ms. Harris explained staff has received concerns from residents with children who live next door to grows and this would limit the potential for children to access the plants. Staff was asked to explain the removal of the indoor growing limitation. Ms. Harris stated the city cannot legally enter a person's home and therefore any city limitation on the number of indoor plants would be unenforceable. It was noted, however, that the state does limit the total number of plants allowed. If you have four or less plants total, you are not subject to the state's licensing requirements, but if you have more than four plants you must adhere to the state's regulations. Commissioner Dawkins noted that retail establishments cannot be both medical and recreational; they have to be registered as one or the other under state law. Commission Deliberations Commissioner Mindlin stated she is not in favor of limiting height and stated marijuana is now legal and people's attitudes will eventually change about seeing it. She added limiting the height could create a hardship for someone attempting to grow a plant and could kill it. However, she stated she is very concerned with odor and voiced support for the restriction on the size of the cultivation area, even if this means people can't grow four large plants outdoors. Commissioner Norton voiced support for Dawkins' idea to use the base of the plant when measuring where it sits in the 50 ft. cultivation area. Commissioner Brown stated he would prefer to be more restrictive starting out and agreed that the community's attitude will change over time. He voiced support for the 6.5 height limit and stated this will help with security. He added if down the road they find 6.5 ft. is not working it can be increased. The setbacks could also be changed to be more lenient in the future if it's deemed appropriate. Commissioner Pearce voiced support for the larger setbacks and keeping the language that states the cultivation area needs to be closer to the residence than neighboring residences. Commissioner Miller disagreed and sated this is too subjective. She added the city has setbacks for chickens, and goats, and everything else and believes this would work fine. She noted she is also in favor of the larger setbacks, even though this won't work for townhouses and smaller lots. Commissioner Dawkins stated he is not in favor of the cultivation area. He stated growing marijuana is a big job and most people won't find satisfaction in it. And by legalizing it, there will be a much wider selection available at retail stores. He added if the ordinance is too restrictive it will push people to grow indoors and people should be allowed to use our climate for this. The commission discussed reducing commercial sites from 10,000 sq.ft to a maximum of 5,000 sq.ft. Comment was made that they should not be encouraging commercial sites in the city and these should be located in agricultural areas instead. Statement was made that if the maximum size was reduced this would push these uses out to where they really belong. General agreement was voiced to lower the maximum commercial site size to 5,000 sq.ft. Commissioners Dawkins/Thompson m/s to restrict commercial sites to 5,000 sq.ft. Voice Vote: all AYES. Motion passed unanimously. Commissioners Brown/Dawkins m/s to include the Southern Oregon University and Croman Mill zoning districts to the ordinance. Voice Vote: all AYES. Motion passed unanimously. Ashland Planning Commission October 27; 2015 Page 3 of 4 Ms. Harris clarified she would correct the minor word-smithing items raised during deliberations and would include a reference in the homegrown section to the state law requirements. Commissioners PearcelDawkins m/s to recommend approval of PL-2015-01677 as amended. Roll Call Vote: Commissioners Dawkins, Thompson, Brown, Norton, Miller, Pearce, and Mindlin. Roll Call Vote: all AYES. Motion passed unanimously. ADJOURNMENT Meeting adjourned at 8:25 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission October 27, 2095 Page 4 of 4 CITY OF -ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 10, 2015 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Troy J. Brown, Jr. Bill Molnar, Community Development Director Michael Dawkins Derek Severson, Associate Planner Debbie Miller April Lucas, Administrative Supervisor Melanie Mindlin Haywood Norton Roger Pearce Lynn Thompson Absent Members: Council Liaison: None Greg Lemhouse ANNOUNCEMENTS Community Development Director announced the first reading of the final of the three ordinances for the Normal Neighborhood Plan will go before the City Council next week, and the public hearing for the marijuana ordinance is scheduled for December 1. Council Liaison Greg Lemhouse added the Council will also be conducting second reading of the ordinances on downtown behavior at their next meeting. AD HOC COMMITTEE UPDATES Commissioner Thompson provided an update on the Downtown Parking Management and Circulation Committee. She explained there will be a phased approach and the consultant's draft parking plan is available on the City's website. Details include hiring a city parking manager, negotiating shared use agreements with the owners of private parking lots, and potentially paid parking and residential permits. Thompson stated the first phase will last 18 months and the plan will go before the City Council for approval early next year with a potential start date of July 1, 2016. CONSENT AGENDA A. Approval of Minutes 1. October 13, 2015 Regular Meeting. Commissioners Thompson/Miller m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed unanimously. UNFINISHED BUSINESS A. Adoption of Findings for PA-2015-00797, 266 Third Street. No ex parte contact was reported. Commissioners Miller/Brown m/s to approve the Findings for PA-2015-00797. Voice Vote: all AYES. Motion passed unanimously. Ashland Planning Commission November 10, 2015 Page 1 of 6 TYPE II PUBLIC HEARING A. PLANNING ACTION: PA-2015-01517 SUBJECT PROPERTIES: 209 Oak St., 221 Oak St., 225 Oak St. and 11 B St. (And shared drivewaypartiallyon 237-239 Oak 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; 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 the sidewalk; an Exception to the Site Development and Design Standards to allow the placement of a new residence on proposed Lot #9 to be placed behind the setback line of adjacent historic buildings; and a Tree Removal Permit to remove two trees which are within the footprints of proposed buildings. (The proposal involves use of the existing driveway which is partially located on the ad. jacent property to the north at 237-239 Oak Street- this property's owner has signed to allow the application to move forward using the shared driveway.) COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 391 E 0966; TAX LOTS: 15600, 15700, 15900 and 16000. (Continued from October 13, 2015 Planning Commission Meeting.) Commissioner Mindlin read aloud the public hearing procedures for land use hearings. Staff Report Associate Planner Derek Severson provided an overview of the proposal, the applicant's new submittals, and outlined the issues from the October meeting as follows: 1) Number of Residential Units. The current submittals have eight residential units, with six townhomes, one cottage, and one residential unit in the Smith-Elliot house, and a commercial office use proposed in the Mickelson-Chapman house. 2) Entry Fire Separation. The current submittals have not changed the treatment of the slanted partitions providing the required separation between the units. The Historic Commission has recommended approval as submitted. 3) Metal Roofs. The Historic Commission has stated metal roofs are inappropriate for the two historic homes being restored, and that composition shingles are the most historically appropriate treatment. They are supportive of metal roofing for the new cottage and while their recommendations do not speak specifically to the townhomes, they have recommended approval as submitted. 4) Commercial Use of the Historic Home. The Historic Commission has recommended against a conditional use permit for the commercial use. 5) Compatibility of Townhomes. At the last meeting it was questioned whether a pitched roof design would be a more historically-compatible treatment for the residential units, however the Historic Commission did not have concerns with the proposed roof design. 6) B Street Streetscape. The applicants have requested an exception to the Street Standards to continue the existing sidewalk pattern and the Historic Commission expressed support for this request noting that it would accommodate deeper front porches while retaining the historic location of the sidewalk. However, staff believes that a full city standard 7 ft. parkrow and 6 ft. sidewalk would be preferable, but should the commission grant an exception, staff strongly recommends a minimum 6 ft. sidewalk with trees planted behind the sidewalk at one tree per 30 ft. to achieve canopy coverage. 7) Driveways & On-Site Circulation. The current submittals do not include any widening of the driveway as discussed in October, but the applicants have added a pedestrian walkway within the 15 ft, driveway from the recreational space to B Street. Mr. Severson read aloud the recommendations from the Historic and Tree Commissions, and reviewed staff's recommended conditions for approval. Ashland Planning Commission November 10, 2015 Page 2 of 6 Questions of Staff Mr. Severson stated the application complies with the City's setback requirements; clarified the application shows a 10 ft. setback to the start of the bay windows; and commented on the potential use of structural soil for trees in a narrower parkrow. Concern was expressed that trash facilities are not listed on the site plan. Mr. Severson clarified the applicants will need to meet the City's standards and will also need to work with Recology on the placement of trash facilities. Mr. Severson clarified as proposed, the applicants meet the parking demand on-site and there is no need for an on-street parking credit. Regarding the ADA parking space, Mr. Severson stated it is his understanding that the one space can serve both the residences and the office space. Applicant's Presentation Ray Kistler/Stated there is no standard for one-way driveways and does not believe access to the site warrants two-way traffic. He also clarified the proposed pedestrian path would be flush with the driveway but a different material would be used. He stated there is room for a 20 ft. wide driveway but does not believe this serves a purpose or looks as nice. Mr. Kistler commented on the City's parkrow and sidewalk requirements and stated it is up to the commission on what they would like to see here. He stated they could make the sidewalk compliant with the standard but this would take 7 ft. from the property frontage and would negatively impact the people who live in these units. He suggested a compromise be reached on the parkrow. Regarding the firewall separation, Mr. Kistler stated their intent was to tie this element to the Winston building next door. Questions of the Applicant The applicants were asked to comment on their solution for the trash. Leslie Gore responded that they have met with Recology and they recommended individual cans picked up at the curb. Comment was made expressing concern with the number of cans that would be placed on the street for pickup, especially since B Street is already fairly narrow. Mr. Kistler stated there is space behind the Mickelson house and they could potentially add a screened enclosure at this location. Mr. Severson noted Recology conducted pickups on the street for the units that are there now. The applicants were asked if there is an opportunity to push the porches and townhomes back a little so they wouldn't be as close to the sidewalk and parkrow. Mr. Kistler stated the private outdoor space in the back of each unit in addition to the garage space for each unit would make this difficult to accomplish. The applicants were asked if they meet the backup space requirements and Mr. Kistler responded that they have 2 ft. more than the minimum. Questions of Staff Staff was asked to clarify the roofing material standard. Mr. Severson explained the design standards specifically say wood and metal are to be avoided, and stated the Historic Commission recommended composition shingles for this project. Staff was asked if the commission decided to not follow this standard, would they have to justify their decision with specific criteria, and could they consider the City's sustainability goals. Mr. Molnar clarified AMC 18.4.2.050.13 states for projects located at the boundary between zones or overlays, different treatments may be considered to address compatibility. Comment was made that if they allow the metal roof this gets ahead of the curve of where the City is heading, but it may make it difficult for other applicants if they do not know what the commission is wanting. Comment was made that there is a difference between requiring a different material versus allowing the applicant to do what they have asked for. Applicants Rebuttal Leslie Gore clarified the proposed metal roofs are a recyclable material. She also clarified the historic housing units are just 2 bedrooms and 1 bath each, and do not lend themselves to be multifamily units. Commissioner Mindlin closed the record and the hearing at 8:75 p.m. Ashland Planning Commission November 10. 2015 Page 3 of 6 Deliberations & Decision The commission identified the key issues for deliberation: Conditional Use Permit Commissioner Norton commented that the office space is the element that is causing issues for the site. He stated if the office goes away, the ADA parking issue goes away, they won't need to put a pathway in, and the extra space can be used to solve the garbage issue. It would also allow for better landscaping and provide a better transition to the new building. Commissioner Brown stated he is comfortable with an office on the corner. He added a commercial use would work better than a residential unit due to what is already occurring on that corner, and stated as long as the building maintains its character he is comfortable with granting the CUP. Commissioner Pearce stated the office use meets the criteria for a CUP and it would not be a greater impact than other uses in the zone. He added the code does not regulate historic uses and stated he would support a commercial use. Commissioners Thompson, Dawkins, and Mindlin agreed with Pearce, and Dawkins noted this building has had commercial uses in the past. Commissioner Miller stated she would prefer to keep this residential but would not fight this issue. Sidewalk/Parkrow Commissioner Dawkins voiced support for widening the sidewalk and agrees with the Historic Commission recommendation to maintain the larger patios. He stated this would allow a landscaped area above the trees and would provide a better transition to the building on the corner. Commissioner Miller agreed and stated the parkrow would be problematic. Commissioner Thompson noted there are a number of historic areas in the city with no parkrows and does not think this would be an oddity. Commissioner Brown stated widening the sidewalk and installing trees along the building side is the right approach and would provide shade for the sidewalk and units. Commissioner Pearce agreed and stated adding another 7 ft. to the project for the parkrow would make it very problematic for the townhouses to work, and voiced support for a 6 ft. sidewalk with no parkrow. Commissioner Mindlin stated she is interested in a narrower parkrow, but will not go against the group. Roofing Material Commissioner Dawkins stated it is appropriate to allow the metal roof. He stated they need to look at this from a sustainable approach and stated the applicant can put a roof on that looks the way the Historic Commission prefers without using asphalt material. Commissioner Thompson voiced concern with going against the Historic Commission's recommendation without having a broader discussion about revising the historic district standards. Commissioner Miller stated she would support metal over composition if these are their only choices, and stated she is more concerned about the pitch of the roof than the material. Commissioner Mindlin stated the value of metal roofing is high (rainwater runoff, fireproofing, etc.) and stated wood shingles are the most historically compatible material but these would not be allowed for fire reasons. She stated composite roofs are not as good and do not look the same as wood, and voiced support for taking this up with the Historic Commission. Mindlin voiced her opinion that they have sufficient grounds to allow the applicant to do what they have proposed, and stated this is different than setting a new standard. Commissioner Pearce agreed with Thompson and stated he is hesitant, but stated he will not say no to metal. Commissioner Miller recommended they make it clear the metal roof should be darker in color and not shiny or reflective. Driveway Commissioner Pearce commented that there are no special or unique circumstances to justify the variance to the driveway on B Street. He noted the applicant's statement that there is room for a 20 ft. driveway and stated this would allow for two-way traffic off B St. He stated this project will add quite a bit of traffic to the site, and with Oak being the busier street it is important to have an alternate access. Commissioner Brown gave his opinion that the proposed traffic patterns work for the site and noted that B Street is very narrow. He stated he is okay with the variance and with the proposed 15 ft. width. Commissioner Thompson commented that because of the constriction at one end she is okay with the 15 ft. driveway onto B Street and stated it seems to work well with the site plan. Commissioners Norton, Mindlin and Dawkins also voiced their support for the proposed 15 ft. driveway width. Concern was expressed regarding vision clearance at the B Street driveway and Mr. Severson stated they can include a condition that requires a wider apron width, no parking within 10 ft. on either side, and trees selected and placed to ensure the vision clearance standards are met. Ashland Planning Commission November 90, 2095 Page 4 of 6 Proposed Staff Conditions Based on the commissions discussions, Mr. Severson stated they will want to remove the Historic Commission recommendations for the composition shingle roof and a residential use only in the Mickelson-Chapman house, and edit condition #9L to state 'Pedestrian circulation shall not reduce the driveway width below the proposed 75-ft, width but may include a materially distinct pedestrian path within the driveway "Recommendation was made to modify condition #9M to state "Building permit submittals are to include the identification of the placement of the trash enclosure, if any. "M r. Severson questioned whether there was any interest in tying the restoration of the historic homes to the construction of the townhomes and if so, suggested a condition that would state prior to the issuance of the fourth occupancy permit, the restoration of one of the historic homes should be completed and before the completion of the last townhome or cottage the second restoration shall be completed. Commissioner Pearce commented that until they know how the financing for this project will work he is reluctant to include such a condition. Commissioner Dawkins noted they have had issues in the past with affordable units never getting built and gave his opinion that it is reasonable to include a condition that addresses this. Commissioners Brown and Mindlin supported a condition to address the timing, and Mindlin noted this is the only tool they have to ensure this gets done. Commissioner Norton commented that if the houses are not improved the applicants will have a difficult time selling the townhouses and he is not sure this condition is necessary. Commissioners Brown/Dawkins m/s to approve PA-2015-01517 with the modifications and staff recommendations for conditions #3, #4 ,#9J, #9L, #9M (including adding "if any" to the end), #11A, and conditions as stated by staff addressing the timing and the vision clearance along B Street. DISCUSSION: Commissioner Norton stated he can't support the motion and stated the full 25% bonus plus the office space is too much for the site. Commissioner Pearce stated he is uneasy about the timing condition, but he will support the motion. Commissioner Miller stated she reluctantly supports the motion and stated her preference would be for the units to look more residential. Commissioner Mindlin voiced support for the motion and believes they have addressed all the issues. Roll Call Vote: Commissioners Brown, Thompson, Miller, Pearce, Dawkins, and Mindlin, YES. Commissioner Norton, NO. Motion passed 6-1. B. PLANNING ACTION: PA-2015-01284 SUBJECT PROPERTY: 474 Russell Street OWNER/APPLICANT: Laz Ayala/Ayala Properties, LLC DESCRIPTION: A request for Site Design Review approval to construct two mixed-use buildings for the property located at 474 Russell Street. "Building A" will be a two-story, mixed use 8,688 square foot building consisting of commercial space and garages on the ground floor, and four residential condominiums on the second floor; "Building B" will be a two-story 12,617 feet commercial building consisting of commercial space with six residential condominiums on the second floor. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 391E 09AA; TAX LOTS: 2805. Ex Parte Contact Commissioners Pearce, Norton, Mindlin, Brown, and Miller conducted site visits; no ex parte communication was reported. Staff Report Associate Planner Derek Severson reviewed the application to construct two mixed use buildings at 474 Russell Drive. He noted the bulk of the infrastructure is already installed, including the parking lots, streetscape, and pedestrian connection. He reviewed the site plan, Tree Commission recommendations, landscape plan, floor plans, and elevations. He commented on the commercial/residential split requirements (AMC 18.2.3.130.B.1) and provided a detailed overview of the parking calculations. Mr. Severson explained the applicant's have illustrated how the parking will work as the commercial space develops and provided a summary of their parking management strategy. He stated in evaluating the request staff believes there is reasonable assumption that the residential and commercial parking demand will be offset and staff is recommending approval of the parking management strategy and requiring 28 on-site spaces with 4 on-street credits and a 12.8% reduction. Mr. Severson commented that it difficult to tell from the submittal how wide the entryways are and whether they would provide adequate protection from sun and rain, and noted staff has recommended a condition of approval to address this. He also commented on the fenestration standard and suggested the commission consider the number and placement of windows to ensure large masses are divided into a more human scale. Mr. Severson concluded his presentation and stated staff is recommending approval with the conditions as presented. Ashland Planning Commission November 10. 2015 Page 5 of 6 Applicant's Presentation Mark Knox/604 Fair Oaks/Mr. Knox introduced Laurie Sager, Laz Ayala, Cindy Dwyer, and Gary Caperna. He thanked staff for the thorough presentation and stated they have no issues with the recommendations of the Tree Commission. He commented briefly on the parking and stated he would let the project architect comment on the number and placement of windows. Mr. Caperna addressed the commission and stated he understands staff's concern, but some of the window placement is restricted by what's happening internally in the building. He stated they could potentially add some high windows and noted some of the window locations suggested by staff are on walls where you would normally place a bed. He stated staff's suggestion might be more aggressive than what they can feasibly incorporate, and noted engineering issues need to be considered. Regarding the overhang at the entries, Mr. Caperna stated they could address staff's concerns by recessing the doors a little more and extend the canopy to satisfy whatever conditions the Planning Commission adopts. Questions of the Applicant Mr. Knox clarified there are 10 units proposed and each unit will have its own garage space. Regarding the west elevation, he explained this side of the building faces the undeveloped railroad property and if the commission requires additional windows on this frontage they should serve a purpose. Landscape Architect Laurie Sager addressed the commission and suggested trees or plant materials be considered as part of the solution. Commissioner Mindlin closed the record and the hearing at 9:45 pm. Deliberations & Decision Commissioner Brown voiced support for the site plan and parking, but stated if the fenestration requirements are going to be addressed with plantings the applicants need to provide a revised landscape plan that shows this. Commissioner Dawkins voiced support for windows on the east side and questioned covering the walls with plants. Commissioner Mindlin stated this is a small element of the proposal and believes they could condition this and leave it up to staff to make sure it is met. Commissioner Pearce agreed and stated if the applicants can work with staff on the east wall he is fine with moving this forward. Mr. Severson read aloud the proposed staff recommendation to address this issue (Condition #9K) and stated if the commission is not concerned about the west side and the walls adjacent to the plaza space the condition could be revised to just state the east end. Recommendation was made for an additional modification that would change the condition to read 'additional windows, or other design treatments"so that staff is not limited to approving only windows. Commissioners Dawkins/Pearce m/s to approve PA-2015-01284 with the addition of condition #9K as discussed. Roll Call Vote: Commissioners Brown, Dawkins, Pearce, Miller, Thompson, Norton, and Mindlin, YES. Motion passed unanimously. ADJOURNMENT Meeting adjourned at 10:00 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission November 10, 2015 Page 6 of 6 CITY OF ASHLAND Council Communication December 15, 2015, Business Meeting Contract Specific-Special Procurement - Tyler Technologies FROM Lee Tuneberg, Administrative Service Director, Lee.Tuneberg@ashland.or.us SUMMARY This Contract Specific-Special Procurement (sourcing method) is being used to seek an exemption from the competitive bid process. It will allow the City's Administrative Services Department to award a contract to Tyler Technologies for financial software, conversion and migration services effective January 1, 2016. BACKGROUND AND POLICY IMPLICATIONS: A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing a contracting approach, or the direct selection or award of a public contract or for a series of contracts. The attached and completed special procurement, approval request form is attached for your review and consideration. AMC 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 27913.055, 27913.060, 27913.065, 27913.070. The contracting approach may be custom designed to meet the procurement needs. 1. Special procurements shall be awarded in accordance with ORS 27913.085 and all other applicable provisions of law. This contract award is consistent with the Council discussions at the October 19, 2015, Study Session and the December 1, 2015, Business Meeting. In this case it was found that a migration from one software package to another within the same vendor's family of software provides for significant savings over a bid process which would either result in: a. a complete conversion to a new provider at an estimated significant higher cost, or b. a migration consistent with the current proposal for migration but at a higher cost and a delay in implementation. COUNCIL GOALS SUPPORTED: Administration and Governance Goal Page 1 of 2 I`, CITY OF ASHLAND Provide high quality, effective, and efficient city services and governance in an accessible, collaborative, and fiscally responsible manner. Objectives 40. Ensure on-going fiscal ability to provide desired and required services at an acceptable level. 42. Provide modern and innovative equipment and facilities for city functions. 43. Ensure the security and integrity of City data. 44. Utilize proven technology to enhance efficiencies and customer satisfaction. FISCAL IMPLICATIONS: These funds are budgeted for FY 2015-2017 per the supplemental budget Resolution 2015-29 approved December 1, 2016, including an interfund loan from the Equipment Fund and use of excess working capital carryover from the prior year in both the Equipment and the Central Service funds, if needed. The prior documentation estimated the amount of the commitment for this biennium to be $725,500 including annual, recurring costs. The amount of the contract has further been reduced by removing redundant recurring fees as described at the October 19, 2016, study session. The new amount is $608,045. The contract's Exhibit A pages 12 - 21 are not disclosed and are being treated as confidential information for proprietary purposes at the request of Tyler Technologies. They are available to Council under those conditions upon request. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the "Contract Specific-Special Procurement" be approved. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the "Contract Specific- Special Procurement". ATTACHMENTS: Form ff9, Special Procurement, Request for Approval 'Tyler Agreement October 19, 2015, Study Session Council Communication Page 2 of 2 CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Lee Tuneberg, Administrative Services/Finance Director Date: December 15, 2015 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Administrative Services Department 2. Department Contact Name: Lee Tuneberg 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From: January 1, 2016 To: June' 0, 2017 5. Total Estimated Cost: $608,045.00 6. Short title of the Procurement: Financial software purchase & migration serveies Supplies and/or Services or class of Supplies and/or Services to be acquired: This entails paying for licensing applicable software applications, converting data, migrating information, customization, training and licensing use of software during the biennium or untl such time that all applications are implemented. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: See attached documentation presented to Council on October 19, 2015. A supplemental budget facilitating the change was approved December, 1, 2015. Proposed procedure: Follow the proposed timeline incorporated in the proposal submitted by Tyler Technologies. Form #9 - Special Procurement- Request for Approval, Page 1 of 3,12/9/2015 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. See attached documentation. Migrating between software packages within the same company is expected to be considerably cheaper and more efficient than bidding services and converting to another, unknown package. Peer companies have already done the research and proven this to be true. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: See the attached documents. (Please provide specific information that demonstrates how the proposed Special procurement meets this requirement.): and X (b)(i) will result in substantial cost savings to the contracting agency or to the public because: See the attached documents. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or X (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 27913.060, 27913.065, or 27913.070, or any rules adopted thereunder because: See the attached documents. (Please provide specific information that demonstrates how the proposed Special procurement meets this requirement.) Form #9 - Special Procurement - Request for Approval, Page 2 of 3,12/9/2015 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - [Enter dale] PUBLIC NOTICE Approval of a Special Procurement First date of publication: [Enter date] A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on [Enter date]. [Describe the goods and services -or- class of goods and services include whether or not its " Contraci- specific special procurement " or a "class.special procureittent cost, terms, etc. brief explanation of procurement] [Describe the alternative contracting procedure - include the time period requested] It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 27913.055, 27913.060, 27913.065, or 27913.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, [Enter department name, Contact name, and complete address]. The seven (7) protest period will expire at 5:00pm on [Enter date-semen calendar days from first date of'publicalion] This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement- Request for Approval, Page 3 of 3,12/9/2015 tyler LICENSE AND SERVICES AGREEMENT This License and Services Agreement is made between Tyler Technologies, Inc. and Client. WHEREAS, Client previously contracted for a license to professional, maintenance and support services; and s and EnerGov software modules, and requires related professional, maintenance and support services; and NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows: • "Agreement" means this License and Services Agreement. • means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B. • "Client means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation. • means a third party who owns the intellectual property rights to Third Party Software. • "Documentation" means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. means the date on which your authorized representative signs the Agreement. • means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. • means the agreed upon cost proposal for the software, products, and services attached as Exhibit A. means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B. means the terms and conditions governing the provision of maintenance and support services to all of our customers. A copy of our current Maintenance and b4 tyler A 1 Support Agreement is attached as Exhibit C. • means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Munis Support Call Process is attached as Schedule 1 to Exhibit C. A copy of our current EnerGov Support Call Process is attached as Schedule 2 to Exhibit C. means the end user license agreement for the Third Party Software, attached as Exhibit D. means the third party hardware identified in the Investment Summary. means the Third Party Software and Third Party Hardware. • Processing module set forth in the Investment Summary. • means Tyler Technologies, Inc., a Delaware corporation. • means our proprietary software and related interfaces identified in the Investment Summary and licensed to you through this Agreement. • and similar terms mean Tyler. • "you" and similar terms mean Client. 1. License Grant and Restrictions. 1.1 We grant to you a license to use the Tyler Software for your internal business purposes only. You may make copies of the Tyler Software for backup and testing purposes, so long as such copies are not used in production and the testing is for internal use only. Your rights to use the Tyler Software are perpetual but may be revoked if you do not comply with the terms of this Agreement. 1.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only. 1.3 You may not: (a) transfer or assign the Tyler Software to a third party; (b) reverse engineer, decompile, or disassemble the Tyler Software; (c) rent, lease, lend, or provide commercial hosting services with the Tyler Software; or (d) publish or otherwise disclose the Tyler Software or Documentation to third parties. 1.4 The license terms in this Agreement apply to updates and enhancements we may provide to you or make available to you through the applicable Maintenance and Support Agreement. 1.5 The right to transfer the Tyler Software to a replacement hardware system is included in your license. You will give us advance written notice of any such transfer and will pay us for any required or requested technical assistance associated with such transfer. 1.6 We reserve all rights not expressly granted to you in this Agreement. The Tyler Software and Documentation are protected by copyright and other intellectual property laws and treaties. We own the title, copyright, and other intellectual property rights in the Tyler Software and the Documentation. The Tyler Software is licensed, not sold. 1.7 The EnerGov modules identified in the Investment Summary are limited to thirty (30) users. In the .eQtl tyier i 2 event you choose to use the MyGovPay/VirtualPay functionality for payment processing, the terms set forth in Exhibit E will apply. 2. License Fees. You agree to pay us the license fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. 3. Escrow. We maintain escrow agreements with a third party under which we place the source code for each major release of the Tyler Software. You may be added as a beneficiary to the escrow agreements by completing a standard beneficiary enrollment form and paying the annual beneficiary fees. You will be responsible for maintaining your ongoing status as a beneficiary, including payment of the then-current annual beneficiary fees. Release of source code for the Tyler Software is strictly governed by the terms of the applicable escrow agreement. 4. Limited Warranty. We warrant that the Tyler Software will be without Defect(s) as long as you have an applicable Maintenance and Support Agreement in effect. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect as set forth in the applicable Maintenance and Support Agreement. 1. Services. We will provide you the various implementation-related services itemized in the Investment Summary. You will receive those services according to our industry-standard implementation plan, which outlines roles and responsibilities in calendar and project documentation. We will finalize that documentation with you upon execution of this Agreement. 2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the Investment Summary. You acknowledge that the fees stated in the Investment Summary are good- faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in-scope services provided to you. Those amounts are payable in accordance with our Invoicing and Payment Policy. 3. Additional Services. The Investment Summary contains the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days. 4. Cancellation. We make all reasonable efforts to schedule our personnel for travel, including arranging travel reservations, at least two (2) weeks in advance of commitments. Therefore, if you cancel services less than two (2) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) non-refundable expenses incurred by us on your behalf, and (b) daily fees associated with cancelled professional services if we are unable to reassign our personnel. We will make all reasonable efforts to reassign personnel in the event you cancel within two (2) weeks of scheduled commitments. 5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re- perform such services at no additional cost to you. tl~0003, t V ■ O / 3 6. Site Access and Requirements. You agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us. You further agree to provide a reasonably suitable environment, location, and space for the installation of the Tyler Software and Third Party Products, including, without limitation, sufficient electrical circuits, cables, and other reasonably necessary items required for the installation and operation of the Tyler Software and Third Party Products. 7. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones for implementation. This cooperation includes at least working with us to schedule the implementation-related services you have contracted for. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission). We will provide you with maintenance and support services for the Tyler Software under the terms of our standard Maintenance and Support Agreement. You agree to pay us the applicable annual maintenance and support fees in accordance with our Invoicing and Payment Policy. 1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. 2. Third Party Software. Upon payment in full of the Third Party Software license fees, you will receive a non- transferable license to use the Third Party Software and related documentation for internal business purposes only. Your license rights to the Third Party Software will be governed by the Third Party End User License Agreement(s). 2.1 We will install onsite the Third Party Software. The installation cost is included in the installation fee in the Investment Summary, if any. 2.2 If the Developer charges a fee for future updates, releases, or other enhancements to the Third Party Software, you will be required to pay such additional future fee. 2.3 The right to transfer the Third Party Software to a replacement hardware system is governed by the Developer. You will give us advance written notice of any such transfer and will pay us for any required or requested technical assistance associated with such transfer. 3. Third Party Products Warranties. 3.1 We are authorized by each Developer to grant or transfer the licenses to the Third Party Software. 3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and l ~•peye, Wyly.! 4 clear title to the Third Party Hardware. 3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third Party Products. 4. Maintenance. If you have a Maintenance and Support Agreement in effect, you may report defects and other issues related to the Third Party Software directly to us, and we will (a) directly address the defect or issue, to the extent it relates to our interface with the Third Party Software; and/or (b) facilitate resolution with the Developer, unless that Developer requires that you have a separate, direct maintenance agreement in effect with that Developer. In all events, if you do not have a Maintenance and Support Agreement in effect with Tyler, you will be responsible for resolving defects and other issues related to the Third Party Software directly with the Developer. 1. Invoicing and Payment. We will invoice you the fees for the license(s), products, and services in the Investment Summary per our Invoicing and Payment Policy, subject to Section F(2). 2. Invoice Disputes. If you believe any delivered product or service does not conform to the warranties in this Agreement, you will provide us with written notice within fifteen (15) days of your receipt of the applicable invoice. The written notice must contain sufficient detail of the issues you contend are in dispute. We will provide a written response to you that will include either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work together as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice. You may only withhold payment of the amount(s) actually in dispute until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all services, including maintenance and support services, if you fail to pay an invoice not disputed as described above. 1. For Cause. You may terminate this Agreement for ca agreeable action plan to address, a material breach of this Agreement within forty-five (45) days of receiving a written notice of the alleged breach. You agree to comply with Section 1(3), Dispute Resolution, prior to termination. In the event of termination for cause, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. 2. Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient to purchase, lease, operate, or maintain the products or services set forth in this Agreement, you may unilaterally terminate this Agreement upon thirty (30) days written notice to us. In the event of termination due to a lack of appropriations, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. You will not be entitled to a refund or offset of previously paid license and • tyler O 5 other fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience. 3. Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of scheduled tasks for a period of forty-five (45) days or more. In the event of termination due to Force Majeure, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. You will not be entitled to a refund or offset of previously paid license and other fees. 1. Intellectual Property Infringement Indemnification. 1.1 We will defend you against any third party claim(s) th patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 1.2 Our obligations under this Section H(1) will not apply to the extent the claim or adverse final judgment is based on your: (a) use of a previous version of the Tyler Software and the claim would have been avoided had you installed and used the current version of the Tyler Software; (b) combining the Tyler Software with any product or device not provided, contemplated, or approved by us; (c) altering or modifying the Tyler Software, including any modification by third parties at your direction or otherwise permitted by you; (d) use of the Tyler Software in contradiction of this Agreement, including with non- licensed third parties; or (e) willful infringement, including use of the Tyler Software after we notify you to discontinue use due to such a claim. 1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. 1.4 If, as a result of an infringement or misappropriation claim, your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non-infringing; (c) replace it with a functional equivalent; or (d) terminate your license and refund the license fees paid for the infringing Tyler Software. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims. 2. Property Damage and Personal Injury Indemnification. 2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all direct claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for personal injury or property damage to the extent caused by our negligence or willful misconduct. .r4 tyler 6 2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all direct claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for personal injury or property damage to the extent caused by your negligence or willful misconduct. 3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO THE LESSER OF (A) YOUR ACTUAL DIRECT DAMAGES OR (B) THE AMOUNTS PAID BY YOU UNDER THIS AGREEMENT. THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS H(1) AND H(2). 5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $2,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; and (d) Workers Compensation complying with applicable statutory requirements. You agree that we may satisfy these limits using our excess/umbrella liability coverage, as necessary. We will add you as an additional insured and provide you with copies of certificates of insurance upon written request. 1. Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twelve (12) months from the Effective Date, and thereafter at our then- current list price, by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum. 2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twelve (12) months from the Effective Date. 3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will meet within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal tyler 7 Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures. 4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes arising from our performance of this Agreement. 5. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law. 6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S. Citizenship and Immigration Services Verification Division for all of our employees assigned to your project. 7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld. 8. No Assignment. Neither party may assign this Agreement without the prior written consent of the other party; provided, however, that your consent is not required in the event we have a change of control. 9. Force Majeure. Neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event. 10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party End User License Agreement(s). 11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. This Agreement may only be modified by a written amendment signed by an authorized representative of each party. 12. SeverabilitV. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law. fr tyler 8 13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter. 14. Independent Contractor. We are an independent contractor for all purposes under this Agreement. 15. Notices. All notices or communications required or permitted as a part of this Agreement must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party. 16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials. 17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that: (a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents; (b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure; (c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law. 18. Business License. By the time we begin providing professional services under this Agreement, we will have submitted a business registration application with the City, in the form you have made available, and received the corresponding business license, to the extent receipt within such timeframe is within our control. 19. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your t,,4< Eyler 9 state of domicile. 20. Multiple Originals and Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature. 21. Contract Documents. This Agreement includes the following exhibits: Exhibit A Investment Summary Exhibit B Invoicing and Payment Policy Schedule 1: Business Travel Policy Exhibit C Maintenance and Support Agreement Schedule 1: Munis Support Call Process Schedule 2: EnerGov Support Call Process Exhibit D Third Party End User License Agreement Exhibit E MyGovPay/VirtualPay IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below. Tyler Technologies, Inc. City of Ashland, OR ERP and Schools Division By: By: Name: Name: Title: Title: Date: Date: Address for Notices: Address for Notices: Tyler Technologies, Inc. City of Ashland One Tyler Drive 20 East Main Street Yarmouth, ME 04096 Ashland, OR 97520 Attention: Associate General Counsel [INSERT CLIENT TITLE] w 10 tyler Exhibit A Investment Summary The following Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 00" tyler fiZ1 '0. tyler 19 4000 Exhibit B Invoicing and Payment Policy We will provide you with the software, products, and services set forth in the Investment Summary. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. Invoicing: We will invoice you for the applicable license fees, products, and services in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement. 1. Tyler Software. 1.1 : License fees are invoiced as follows: (a) 25% on the Effective Date; (b) 50% on the date when we make the applicable Tyler Software days after the Available Download Date. 1.2 : The first year maintenance and support fees ($101,164) for the one (1) year period commencing on the Available Download Date are waived. Subsequent maintenance and support fees are invoiced annually in advance at our then-current rates on each anniversary of the Available Download Date. On the 1-year anniversary of the Available Download Date, you will no longer be responsible for your Eden maintenance and support fees. 2. Professional Services. 2.1 : Project planning services ($9,000) are invoiced upon delivery of the Implementation Planning Document. 2.2 : Consulting services, if any, are invoiced 50% upon commencement of the service and 50% upon completion of the service, by product. 2.3 : Data conversion services, if any, are invoiced 50% upon initial delivery of converted data, by conversion option, and 50% upon Client acceptance to load converted data into live environment, by conversion option. 2.4 : Implementation and other professional services are billed and invoiced as delivered. 2.5 : Any requested modifications to Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the tyler 22 specifications after the 30-day window has passed. 3. Other Services and Fees 3.1 : OS/DBA Services ($23,469) are invoiced on the Available Download Date. OS/DBA Services will renew automatically for additional one (1) year terms at our then-current OS/DBA fee, unless terminated in writing by either party at least thirty (30) days prior to the end of the then-current term. 3.2 : Disaster Recovery Services ($23,469) are invoiced annually in advance upon our receipt of your data. Disaster Recovery services will renew automatically for additional one (1) year terms at our then-current Disaster Recovery fee, unless terminated in writing by either party at least thirty (30) days prior to the end of the then-current term. 4. Third Party Products. 4.1 : Third Party Hardware costs ($3,992) are invoiced upon delivery. 5. Expenses The service rates in the Investment Summary do not include travel expenses. Expenses will be billed as incurred and only in accordance with our then-current Business Travel Policy. Our current Business Travel Policy is attached to this Exhibit B at Schedule 1. Copies of receipts will be provided on an exception basis at no charge. You will incur an administrative fee if you request receipts for all non- per diem expenses. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available. Payment. Payment for undisputed invoices is due within forty-five (4S) days of the invoice date. Maintenance and support fees are due on each anniversary of the Available Download Date. We prefer to receive payments electronically. Our electronic payment information is: Bank: Wells Fargo Bank, N.A. 420 Montgomery San Francisco, CA 94104 ABA: 121000248 Account: 4124302472 tyler 23 010 . tyler Exhibit B Schedule 1 Business Travel Policy 1. Air Travel A. Reservations & Tickets y (TMQ will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three duration and the fare is within $100 (each way) of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours duration, the connecting flight should be accepted. Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven day advance booking requirement is mandatory. When booking less than seven days in advance, management approval will be required. Except in the case of international travel where a segment of continuous air travel is scheduled to exceed six hours, only economy or coach class seating is reimbursable. B. Baggage Fees Reimbursement of personal baggage charges are based on trip duration as follows: • Up to five days = one checked bag • Six or more days = two checked bags Baggage fees for sports equipment are not reimbursable. 2. Ground Transportation A. Private Automobile IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations. Employees who have been designated a home office should calculate miles from their home. tyler 24 B. Rental Car Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should are traveling together. Tyler carries leased vehicle coverage for business car rentals; additional insurance on the rental agreement should be declined. C. Public Transportation Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately. D. Parking & Tolls When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented. 3. Lodging in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates. cancellation policy. Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately. 4. Meals and Incidental Expenses Employee meals and incidental expenses while on travel status are in accordance with the federal per diem rates published by the General Services Administration. Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem. . tyler 25 A. Overnight Travel For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below. Departure Day Depart before 12:00 noon Lunch and dinner Depart after 12:00 noon Dinner Return Day Return before 12:00 noon Breakfast Return between 12:00 noon & 7:00 p.m. Breakfast and lunch Return after 7:00 p.m.* Breakfast, lunch and dinner *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows: • Breakfast 15% • Lunch 25% • Dinner 60% B. Same Day Travel Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.* *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an access at airports are not reimbursable. tyler 26 ®ay i tyler Exhibit C Maintenance and Support Agreement We will provide you with the following maintenance and support services for the Tyler Software licensed to you. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. 1. Term. We provide maintenance and support services on an annual basis. The initial term commences on the date when we make the applicable Tyler Software available to you for down one (1) year terms at our then-current maintenance and support fees, unless terminated in writing by either party at least thirty (30) days prior to the end of the then-current term. 2. Maintenance and Support Fees. The maintenance and support fees for the Tyler Software licensed to you are listed in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. We reserve the right to suspend maintenance and support services if you fail to pay undisputed maintenance and support fees within sixty (60) days of the due date. We will reinstate maintenance and support services only if you pay all past due maintenance and support fees, including all fees for the periods during which services were suspended. 3. Maintenance and Support Services. As long as you timely pay your maintenance and support fees, we will, consistent with our then-current Support Call Process: 3.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to conform the Tyler Software to the warranty set forth in your Agreement; provided, however, that if you modify the Tyler Software without our consent, our obligation to provide maintenance and support services on and warrant the Tyler Software will be void; 3.2 provide telephone support during our established support hours; 3.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software in order to provide maintenance and support services; 3.4 provide you with a copy of all releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and 3.5 support prior releases of the Tyler Software in accordance with our then-current release life cycle policy. 4 tyler 27 4. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support services remotely. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably onsite services. In such event, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain a VPN for backup connectivity purposes. 5. Excluded Services. Maintenance and support fees do not include fees for the following services: (a) initial installation or implementation of the Tyler Software; (b) onsite maintenance and support (unless Tyler cannot remotely correct a defect in the Tyler Software); (c) application design; (d) other consulting services; (e) maintenance and support of an operating system or hardware; (f) support outside our normal business hours as listed in our then-current Support Call Process; or (g) installation, training services, or third party product costs related to a new release. Requested maintenance and support services beyond those outlined in this section will be billed to you at our then current rates. 6. Current Support Call Process. Our current Support Call Process is attached to this Exhibit C at Schedule 1. '•;xx tyler 28 .0 tylpr Exhibit C Schedule 1 Munis Support Call Process Tyler Technical Support Department for Munis° Goal: Contact Us support request online through the Tyler Client Portal www.tylertech.com). Support Organization multiple teams: Financials; Payroll/HR/Pension; Tax/Other Revenue and Collections; Utility Billing and Collections; OS/DBA (Operating System and Database Administration); and TylerForms and Reporting Services. specialists assigned to each team handle calls quickly and accurately. Each team consists of a Munis Support Product Manager, Support Analysts, and Technical Support Specialists. The Support Product Manager is responsible for the day-to-day operations of the team and ensures we provide exceptional technical support to our clients. The Support Analysts are responsible for assisting the aining. Technical Support Specialists are responsible for diagnosing and resolving client issues in a timely and courteous manner. Standard Support Hours Applications Hours Financials 8:00am-9:00pm EST Monday-Friday Payroll/HR/Pension 8:00am-9:00pm EST Monday-Friday Tax/Other Revenue & Collections 8:00am-6:00pm EST Monday-Friday Utility Billing & Collections 8:00am-8:00pm EST Monday-Friday OS/DBA 8:00am-9:00pm EST Monday-Friday TylerForms, Reporting Services and TCM 8:00am-9:00pm EST Monday-Friday 4~0049: 6 1 l V r 29 Focus on Incoming Rate When you call Technical Support, your call is answered by a Support Technician, or is transferred into the Support voice mail. which means you will often start working with a Support Specialist immediately upon calling Tyler. Leaving Messages for Support When leaving a message on the Support voice mail, ensure the following information is contained within the message: • your full name (first name, last name) and the site you are calling for/from; • a phone number where you can be reached; • the details of the issue or question you have • the priority of the issue (1, 2, 3, or 4); and • when you will be available for a return call (often Support will call back within an hour of receiving your message). Paging All client questions are important to us. There may be times when you are experiencing a priority 1 critical issue and all technicians for the requested team are on the line assisting clients. In this circumstance, it is ator. The operator will page the team you need to contact. We ask that you reserve this function for those times when Munis is down, or a mission critical application is down and you are not able to reach a technician immediately. Online Support www.tylertech.com Portal (TCP) allows you to log an incident to Technical Support anytime from any Internet connection. All TCP account, incident, and survey data is available in real-time. Your existing contact information defaults when you add a new Support incident. You will be asked for required information including Incident Description, Priority, Product Group, and Product Module. Unlimited work-note text is available for you to describe the question or problem in detail, plus you can attach files or screenshots that may be helpful to Support. When a new incident is added, the incident number is presented on the screen, and you will receive an automated email response that includes the incident number. The new incident is routed to the appropriate Technical Support Team queue for response. They will review your incident, research the item, and respond via email according to the priority of the incident. Customer Relationship Management System Every call or email from you is logged into our Customer Relationship Management System and given a unique call number. This system tracks the history of each incident, including the person calling, time of the call, priority of the call, description of the problem, support recommendations, client feedback, and resolution. For www.tylertech.com), a list of calls is available real-time under the Tyler Client Portal (TCP). .,4 tyler 30 Call Numbers will be responded to that day. If you are not available when we call back, we will leave a message with the open call number on your voice mail or with a person in your office. When you call back, you can reference this call number so you do not have to re-explain the issue. An open call number is also given to you once an initial contact has been made with Support and it has been and reference specific open issues with Support. Call Response Goals Support will use all reasonable efforts to address open calls as follows: Open Maximum number of days a Support managers and analysts call support call is open review open calls Priority 1 Less than a day Daily 2 10 Days or less Every other day 3 30 Days or less Weekly_ 4 60 Days or less Weekly Call Priorities A call escalation system is in place where, each day, Support Analysts and Product Support Managers review open calls in their focus area to monitor progress. Each call logged is given a priority (1, 2, 3, and 4) acco structure is to clearly understand the importance of the issue and assign the priority for closure. The client is responsible for setting the priority of the call. Tyler Support for Munis tracks responsiveness to priority 1, 2, and 3 calls each week. This measurement allows us to better evaluate overall client satisfaction. Priority 1 Call Priority 2 Call Priority 3 Call Priority 4 Call permits. Following Up on Open Calls Some issues will not be resolved during the initial call with a Support Technician. If the call remains open, the technician will give you an open call number to reference, and will confirm the priority of the incident. If you want to follow up on an open call, simply call the appropriate Support Team and reference the call number to the Technician who answers or leave this information in your message. Referencing the open call tyler 31 number allows anyone in support to quickly follow up on the issue. You can also update the incident through www.tylertech.com) and add a note requesting follow-up. Escalating a Support Call If the situation to be addressed by your open call has changed and you need to have the call priority adjusted, please call the appropriate Support Team and ask to be connected to the assigned technician. If that technician is unavailable, another technician on the team may be able to assist you, or will transfer you to the Product Support Team Manager. If you feel you are not receiving the service you need, please call the appropriate Product Manager and provide them with the open call number for which you need assistance. The Product Manager will follow up on your open issue and determine the necessary action to meet your needs. Technical Support Product Managers: Brian Gilman Peggy Wintle Installation Support Product Manager - Purchasing SupportPioductManager - UtilityBilling Dean Wilber brian.gilmanWertech.com (X4436) peggy.wintle@tylertecli.com (X4567) installation Manager dean.wilberatylertech.com (X4730) Evan Smith Parker LaChance OSIDBA Team Support Product Manager-- Budget and General Ledger Support Product Manager - Revenue Ben King evan.smith"lertech.com (X4621) parker.lachance0tylertech.com (X4257) Senior Support Product Manager ben. kingOtylertech.com (X4867) Holly LaRou Steven Jones TylerForms, Reporting Services & TCM Support Product Manager-Equipment Senior Support Product Manager Michele Brown holly.larou*tylertech.com (X4482) steven.jones@tylertech.com (X4255) Support Product Manager michele.brown"tertech.com (X4381) Tracy Silva `pia Support Product Manager-Payroll Patience Stetson tracy.silvaOtylertech.com (X4433) Product Supervisor _Payroll State Reporting patience.stetsonftlertech.com (X4165) Ed Haggerty Ryan Blair Support Product Manager - Human Resources Development Product Manager ed.haggertyCotylertech.com (X4464) ryan.blair*tylertech.com (X4579) Sonja Johnson Senior Support Product Manager sonja.johnsonOtylertech.com (X4157) C1 McCarron Vice President of Technical Support cj.mccarronOtylertech.com (X4124) ci. mccarron@tyiertech.com). Resources A number of additional resources are available to you to provide a comprehensive and complete support experience.. • Managed Internet Update (MIU): Allows you to download and install critical and high priority fixes as soon as they become available. eve7• Lyle O 32 • Release Admin Console: Allows you to monitor and track the availability of all development activity for a particular release directly from Munis. • KnowledgeBase: A fully searchable depository of thousands of documents related to Munis processing, procedures, release info, helpful hints, etc. Remote Support Tool Some Support calls may require further analysis of your database or setup to diagnose a problem or to assist you with a question. GoToAssist® shares your desktop via the Internet to provide you with virtual on-site support. The GoToAssist tool from Citrix (www.citrix.com) provides a highly secure connection with 128-bit, diagnose problems, or assist you with screen navigation. At the end of each GoToAssist session, there is a quick survey you should complete so we have accurate and up-to-date feedback on your Support experiences. We review the survey data in order to continually improve our Support services. Email Registration these groups to inform clients of issues, and to distribute helpful technical tips and updated technical documentation. The survey information allows you to update your registration at any time, and you may unregister for one or more distribution lists at any time. Tyler Web site www.tylertech.com), you have access to line documentation, user forums, group training schedule/sign-up, and annual user conference updates/registration. Timely TCP Progress Updates Our technicians are committed to providing you timely updates on the progress of your open support incidents via the Tyler Client Portal. The frequency of these updates is determined by issue priority. Priority 1 Incidents e contact is not possible) Priority 2 Incidents Priority 3 Incidents Priority 4 Incidents Updates will also be provided for any issue, regardless of priority, when action items have been completed or when there is pertinent information to share. tyler P 33 t yl, e r Exhibit C Schedule 2 EnerGov Support Call Process Support Channels We provide the following channels of EnerGov software support: (1) support. (2) unlimited emails directly to the software support group. Email will be used for responses. (3) sed questions, users may create unlimited support incidents through the customer relationship management portal available at the Tyler Technologies website. (4) current maintenance agreements to support one another, share best practices and resources, and access documentation. representatives will provide the most current toll-free telephone number and email address for submitting support incidents, based on the software licensed. Support Availability Our established software support hours are Monday thro Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Eve Labor Day Christmas Day Issue Handling When a support incident cannot be resolved during its initiation, the client receives an incident tracking number for that issue. The incident tracking number is used to track and reference open issues when clients tyler 34 contact support. (1) (2) Analysts and take on escalated issues (3) day-to-day supervision of Analysts and Advisors and may assist in incident escalations (4) onsible for the management of support teams for either a single product or a product group on occasion, the priority or immediacy of a software support incident may change after initiation. Tyler encourages clients to communicate the level of urgency or priority of software support issues so that we can respond appropriately. A software support incident can be escalated by any of the following methods: (1) escalate an issue through management channels as described above. (2) t in order to escalate the priority of an issue (3) the client incident portal and referencing the appropriate incident tracking number, clients can modify the priority of an issue. is responsible for reasonably setting the priority of the incident per the below chart. The goal of this structure is to clearly understand and communicate the importance of the issue and to describe expected responses and resolutions. Issue Priorities & Resolutions Priority Characteristics of Support Resolution Targets Development Level Incident Actions Support incident that causes (a) Tyler shall provide an initial response to complete application failure or Priority Level 1 incidents within one (1) application unavailability; (b) business hour of receipt of the support application failure or incident. Tyler shall use commercially Hot Fix 1 unavailability in one or more of reasonable efforts to resolve such support Emergency patch incidents or provide a circumvention to software as (c) systemic loss of multiple procedure within one (1) business soon as possible essential system functions. day. corrupted data is limited to assisting the client in restoring its last available database. t y I e r 3S Issue Priorities & Resolutions Priority Characteristics of Support Development Level Incident Resolution Targets Actions Support incident that causes (a) Tyler shall provide an initial response to repeated, consistent failure of Priority Level 2 incidents within four (4) essential functionality affecting business hours of receipt of the support more than one user or (b) loss incident. Tyler shall use commercially Bi-week 2 or corruption of data. reasonable efforts to resolve such support regularly- incidents or provide a circumvention scheduled patch procedures within five (5) business days. corrupted data is limited to assisting the client in restoring its last available database. Priority Level 1 incident with an Tyler shall provide an initial response to existing circumvention Priority Level 3 incidents within one (1) procedure, or a Priority Level 2 business day of receipt of the support incident that affects only one incident. Tyler shall use commercially user or for which there is an reasonable efforts to resolve such support Next Release 3 existing circumvention incidents without the need for a Scheduled for the procedure. circumvention procedure with the next next major published maintenance update or service release pack, which shall occur at least quarterly. corrupted data is limited to assisting the client in restoring its last available database. Support incident that causes Tyler shall provide an initial response to failure of non-essential Priority Level 4 incidents within two (2) functionality or a cosmetic or business days. Tyler shall use commercially Future release 4 other issue that does not qualify reasonable efforts to resolve such support not scheduled; as any other Priority Level. incidents within two version release cycles reviewed at next and a cosmetic or other support incident planning stage that does not qualify as any other Priority Level incident with a future version release. Hardware and Other Systems if in the process of diagnosing a software support issue it is discovered that a peripheral system or its software is the cause of the issue, we will notify the client so that the client may contact the support agency for that peripheral system. We cannot support or maintain third-party software or hardware. In order for us to provide the highest level of software support, the client bears the following responsibility t y I e r 36 related to hardware and software: (1) All infrastructure executing Tyler software shall be managed by the client. (2) Support contracts for all third-party software (ex: operating systems, database management systems) associated with Tyler software shall be maintained. Tyler does not support these third-party products. (3) Daily database backups must be performed; client shall verify the backups are successful. tyler 37 t y e r Exhibit D DocOrigin End User License Agreement REMAINDER OF PAGE INTENTIONALLY LEFT BLANK tyier 38 ATTENTION: THE SOFTWARE PROVIDED UNDER THIS AGREEMENT IS BEING LICENSED TO YOU BY OF SOFTWARE LTD. AND IS NOT BEING SOLD. THIS SOFTWARE IS PROVIDED UNDER THE FOLLOWING AGREEMENT THAT SPECIFIES WHAT YOU MAY DO WITH THE SOFTWARE AND CONTAINS IMPORTANT LIMITATIONS ON REPRESENTATIONS, WARRANTIES, CONDITIONS, REMEDIES, AND LIABILITIES. DocOrigin SOFTWARE LICENSE IMPORTANT-READ CAREFULLY: This End-User License Agreement ("Agreement" or ' EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "You") and OF Software Ltd. for the DocOrigin software product that accompanies this EULA, including any associated media, printed materials and electronic documentation (the "Software"). The Software also encompasses any software updates, add-on components, web services and/or supplements that may be provided to you or made available to you after the date you obtain the initial copy of the Software to the extent that such items are not accompanied by a separate license agreement or terms of use. If you receive the Software under separate terms from your distributor, those terms will take precedence over any conflicting terms of this EULA. By installing, copying, downloading, accessing or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, access or use the Software; instead, you should remove the Software from all systems and receive a full refund. IF YOU ARE AN AGENT OR EMPLOYEE OF ANOTHER ENTITY YOU REPRESENT AND WARRANT THAT (1) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY'S BEHALF AND TO BIND SUCH ENTITY, AND (II) SUCH ENTITY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER. 1. LICENSE TERMS 1.1 In this Agreement a "License Key" means any license key, activation code, or similar installation, access or usage control codes, including serial numbers digitally created and or provided by OF Software Ltd., designed to provide unlocked access to the Software and its functionality. 1.2 Evaluation License. Subject to all of the terms and conditions of this Agreement, OF Software Ltd. grants You a limited, royalty-free, non-exclusive, non-transferable license to download and install a copy of the Software from www.docorigin.com on a single machine and use it on a royalty-free basis for no more than 120 days from the date of installation (the `Evaluation Period"). You may use the Software during the Evaluation Period solely for the purpose of testing and evaluating it to determine if You wish to obtain a commercial, production license for the Software. This evaluation license grant will automatically end on expiry of the Evaluation Period and you acknowledge and agree that OF Software Ltd. will be under no obligation to renew or extend the Evaluation Period. If you wish to continue using the Software You may, on payment of the applicable fees, upgrade to a full license (as further described in section 1.3 below) on the terms of this Agreement and will be issued with a License Key for the same. If you do not wish to continue to license the Software after expiry of the Evaluation Period, then You agree to comply with the termination obligations set out in section [7.3] of this Agreement. For greater certainty, any document generated by you under an evaluation license will have a 'spoiler' or watermark on the output document. Documents generated by DocOrigin software that has a valid license key file also installed will not have the 'spoiler' produced. You are not permitted to remove the watermark or 'spoiler' from documents generated using the software under an evaluation license. 1.3 Development and Testing Licenses. Development and testing licenses are available for purchase through authorized distributors and resellers of OF Software Ltd. only. Subject to all of the terms and conditions of this Agreement, OF Software Ltd. grants You, a perpetual (subject to termination by OF Software Ltd. due to your breach of the terms of this Agreement), non-exclusive, non-transferable, worldwide non-sublicenseable license to download and install a copy of the Software from w4wv.docorigin.com on a single machine and * e ° iper 39 use for development and testing to create collateral deployable to Your production system(s). You are not entitled to use a development and testing license for live production purposes. 1.4 Production Licenses. Production licenses are available for purchase through authorized distributors and reseliers of OF Software Ltd. only. Subject to all of the terms and conditions of this Agreement, OF Software Ltd. grants You, a perpetual (subject to termination by OF Software Ltd. due to your breach of the terms of this Agreement), non-exclusive, non-transferable, worldwide non-sublicenseabie license to use the Software in accordance with the license type purchased by you as set out on your purchase order as further described below. For greater certainty, unless otherwise agreed in a purchase order concluded with an approved distributor of the Software, and approved by OF Software, the default license to the Software is a per-CPU license as described in A. below: A. Per-CPU. The total number of CPUs on a computer used to operate the Software may not exceed the licensed quantity of CPUs. For purposes of this license metric: (a) CPUs may contain more than one processing core, each group of two (2) processing cores is consider one (1) CPU., and any remaining unpaired processing core, will be deemed a CPU. (b) all CPUs on a computer on which the Software is installed shall be deemed to operate the Software unless You configure that computer (using a reliable and verifiable means of hardware or software partitioning) such that the total number of CPUs that actually operate the Software is less than the total number on that computer. B. Per-Document. This is defined as a fee per document based on the total number of documents generated annually by merging data with a template created by the Software. The combined data and template produce documents of one or more pages. A document may contain 1 or more pages. For instance a batch of invoices for 250 customers may contain 1,000 pages, this will be counted as 250 documents which should correspond to 250 invoices. C. Per-Surface. This is defined as a fee per surface based on the total number of surfaces generated annually by merging data with a template created by the Software. The combined data and template produce documents of one or more pages, the pages may be printed one side (one surface) or duplexed (2 surfaces). The documents may be rendered to a computer file (i.e. PDF), each page placed in the file is considered a surface. A document may contain 1 or more surfaces. For instance a batch of invoices for 250 customers may contain 500 pages duplexed, this will be counted as 1000 surfaces. 1.5 Disaster Recovery License. You may request a Disaster Recovery license of the Software for each production license You have purchased as a failover in the event of loss of use of the production server(s). This license is for disaster recovery purposes only and under no circumstance may the disaster recovery license be used for production simultaneously with a production license with which it is paired. 1.6 Backup Copies. After installation of the Software pursuant to this EULA, you may store a copy of the installation files for the Software solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the Software or the printed materials accompanying the Software. 1.7 Third-Party Software License Rights. If a separate license agreement pertaining to an item of third-party software is: delivered to You with the Software, included in the Software download package, or referenced in any material that is provided with the Software, then such separate license agreement shall govern Your use of that item or version of Third-Party Software. Your rights in respect to any third-party software, third-party data, third-party software or other third-party content provided with the Software shall be limited to those rights necessary to operate the Software as permitted by this Agreement. No other rights in the Software or third-party software are granted to You. N tyler O 40 2. LICENSE RESTRICTIONS Any copies of the Software shall include all trademarks, copyright notices, restricted rights legends, proprietary markings and the like exactly as they appear on the copy of the Software originally provided to You. You may not remove or alter any copyright, trademark and/or proprietary notices marked on any part of the Software or related documentation and must reproduce all such notices on all authorized copies of the Software and related documentation. You shall not sublicense, distribute or otherwise make the Software available to any third party (including, without limitation, any contractor, franchisee, agent or dealer) without first obtaining the written agreement of (a) OF Software Ltd. to that use, and (b) such third party to comply with this Agreement. You further agree not to (i) rent, lease, sell, sublicense, assign, or otherwise transfer the Software to anyone else; (ii) directly or indirectly use the Software or any information about the Software in the development of any software that is competitive with the Software, or (iii) use the Software to operate or as a part of a time-sharing service, outsourcing service, service bureau, application service provider or managed service provider offering. You further agree not to reverse engineer, decompile, or disassemble the Software. 3. UPDATES, MAINTENANCE AND SUPPORT 3.1 During the validity period of Your License Key, You will be entitled to download the latest version of the Software from the DocOrigin website www.docorigin.com. Use of any updates provided to You shall be governed by the terms and conditions of this Agreement. OF Software Ltd. reserves the right at any time to not release or to discontinue release of any Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software. 3.2 On expiry of your maintenance and support contract, you will have the right to continue using the current version(s) of the Software which you downloaded prior to the date of expiry of your License Key. However, you will need to renew maintenance and support in order to receive a new License Key that will unlock the more current version(s) of the Software. For greater certainty, if you attempt to use an expired License Key to download the latest version of the Software, the Software will revert to being a locked, evaluation copy of that version of the Software. 4. INTELLECTUAL PROPERTY RIGHTS. This EULA does not grant you any rights in connection with any trademarks or service marks of OF Software Ltd. or DocOrigin. All title and intellectual property rights in and to the Software, the accompanying printed materials, and any copies of the Software are owned by OF Software Ltd. or its suppliers. All title and intellectual property rights in and to the content that is not contained in the Software, but may be accessed through use of the Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this Software contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. 5. DISCLAIMER OF WARRANTIES. TO THE GREATEST EXTENT PERMITTED BY LAW, THE LICENSED SOFTWARE AND TECHNICAL SUPPORT PROVIDED BY OF SOFTWARE LTD. HEREUNDER ARE PROVIDED ON AN "AS IS" BASIS AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT OR SERVICE PROVIDED UNDER THIS AGREEMENT OR IN CONNECTION WITH THIS AGREEMENT BY OF SOFTWARE LTD. OF SOFTWARE LTD. DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OF SOFTWARE LTD. DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE SHALL MEET ANY OR ALL OF YOUR PARTICULAR REQUIREMENTS, THAT THE SOFTWARE WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS OR DEFECTS IN THE SOFTWARE CAN BE FOUND OR CORRECTED. In certain jurisdictions some or all of the provisions in this Section may not be effective or the applicable law may mandate a more extensive warranty in which case the applicable law will prevail over this Agreement. 41 6. LIMITATIONS OF LIABILITY. 6.1 TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OF SOFTWARE LTD. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL. SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, LEGAL EXPENSES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOST OR DAMAGED DATA, LOSS OF COMPUTER TIME, COST OF SUBSTITUTE GOODS OR SERVICES, OR FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF OF SOFTWARE LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSSES OR DAMAGES ARE FORESEEABLE. 6.2 THE ENTIRE LIABILITY OF OF SOFTWARE LTD. AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE AND TECHNICAL SUPPORT AND ANY OTHER PRODUCTS OR SERVICES SUPPLIED BY OF SOFTWARE LTD. IN CONNECTION WITH THIS AGREEMENT FOR DAMAGES FOR ANY CAUSE AND REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL BREACH OR NEGLIGENCE, WILL BE LIMITED IN THE AGGREGATE TO THE AMOUNTS PAID BY YOU FOR THE SOFTWARE, TECHNICAL SUPPORT OR SERVICES GIVING RISE TO THE CLAIM. 6.3 THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT BUT FOR THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY, NEITHER OF SOFTWARE LTD. NOR ANY OF ITS LICENSORS OR SUPPLIERS WOULD GRANT THE RIGHTS GRANTED IN THIS AGREEMENT. 7. TERM AND TERMINATION 7.1 The term of this Agreement will begin on download of the Software and, in respect of an Evaluation License, shall continue for the Evaluation Period, and in respect of all other license types defined in Section 1, shall continue for as long as You use the Software, unless earlier terminated sooner under this section 7. 7.2 OF Software Ltd. may terminate this Agreement in the event of any breach by You if such breach has not been cured within five (5) days of notice to You. No termination of this Agreement will entitle You to a refund of any amounts paid by You to OF Software Ltd. or its applicable distributor or reseller or affect any obligations You may have to pay any outstanding amounts owing to OF Software Ltd. or its distributor. 7.3 Your rights to use the Software will immediately terminate upon termination or expiration of this Agreement. Within five (5) days of termination or expiration of this Agreement, You shall purge all Software and all copies thereof from all computer systems and storage devices on which it was stored, and certify such to OF Software Ltd. 8. GENERAL PROVISIONS 81 No Waiver. No delay or failure in exercising any right under this Agreement, or any partial or single exercise of any right, will constitute a waiver of that right or any other rights under this Agreement. No consent to a breach of any express or implied term set out in this Agreement constitutes consent to any subsequent breach, whether of the same or any other provision. 8.2 Severability. If any provision of this Agreement is, or becomes, unenforceable, it will be severed from this Agreement and the remainder of this Agreement will remain in full force and effect. 8.3 Assignment. You may not transfer or assign this Agreement (whether voluntarily, by operation of law, or otherwise) without OF Software Ltd.'s prior written consent. OF Software Ltd. may assign this Agreement at any time without notice. This Agreement is binding upon and will inure to the benefit of both parties, and their respective successors and permitted assigns. 8.4 Governing Law and Venue. This Agreement shall be governed by the laws of the Province of Ontario. No choice of laws rules of any jurisdiction shall apply to this Agreement. You consent and agree that the courts of the Province of Ontario shall have jurisdiction over any legal action or proceeding brought by You arising out of or relating to this Agreement, and You consent to the jurisdiction of such courts for any such action or proceeding. tyler O 42 8.5 Entire Agreement. This Agreement is the entire understanding and agreement between You and OF Software Ltd. with respect to the subject matter hereof, and it supersedes all prior negotiations, commitments and understandings, verbal or written, and purchase order issued by You. This Agreement may be amended or otherwise modified by OF Software Ltd. from time to time and the most recent version of the Agreement will be available on the OF Software website www.docorigin.com. Last Updated: [July 18 2013] ..r , t y I e r 43 ty"i-er", Exhibit E MyGovPay/VirtualPay and IVR 1. MyGovPay/VirtualPay Licensing. Access to MyGovPay and/or Virtual Pay is hereby granted if Customer elects to use MyGovPay or VirtualPay, products of Tyler Technologies designed for Citizen Users to use for processing online payments. (a) Special MyGovPay/VirtualPay Definitions. means the agreement between Customer and Persolvent that provides for the Merchant Fees. means direct costs levied by Visa/Mastercard/Discover or other payment card companies for Interchange Fees, Dues, Assessments and Occurrence Fees, over which Tyler Technologies has no authority. "MyGovPay" means the Product of Tyler Technologies that allows members of the public to pay for "Persolvent" means Persolvent, formerly BankCard Services Worldwide, a Payment Card Industry (PCI) compliant processing agent through which the EnerGov Software passes credit card transactions. means the Technology Fees, Authorization Fees and Program/Convenience Fees as listed in . Use Fees Table in Section 2, titled MyGovPay/VirtualPay. "VirtualPay" means the Product of Tyler Technologies that allows the Customer to accept and process (b) Conditions of Use. if customer elects to use MyGovPay and/or VirtualPay the following terms apply: (1) Customer must apply for and agree to a Merchant Agreement with Persolvent. (2) Customer agrees that Citizen Users will be subject to Use Fees as listed in Use Fees table in Section 2. (3) Customer agrees that Use Fees are separate from and independent of Merchant Fees. Merchant Agreement with Persolvent. (5) Customer agrees that Use Fees are for use on the MyGovPay/VirtualPay online system and will not be deposited or owed to Customer in any way. Card Associations whose rules may change at anytime and for any reason. If MyGovPay and/or VirtualPay, for any reason, are unable to process payments using Use Fees, Customer agrees that MyGovPay/VirtualPay reserves the right to negotiate a new pricing model with Customer for the continued use of MyGovPay and/or VirtualPay. 2. MyGovPay/VirtualPay Fees. Customer agrees that the Use Fees set forth on the following page will apply if Customer elects to use MyGovPay/VirtualPay. tyler M 44 Use Fees MyGovPay (Online Payments) MyGovPay (Online Payments) Percentage Based Fee +Transaction Fee Option 1: Government Entity Paid 2'79% $0.20 Option 2: 3.29% N/A Patron Paid VirtualPay (Retail Payments) Virtual Pay (Retail Payments) Percentage Based Fee +Transaction Fee Option 1: 2.59% $0.15 Government Entity Paid Option 2: 2.99% N/A Patron Paid additional terms and conditions shall apply of this Agreement: (a) Network Security. Customer acknowledges that a third-party is used by Tyler Technologies to process IVR transmitted or stored. (b) Content. Customer is responsible for the creation, editorial content, control, and all other aspects of content to be used solely in conjunction with the EnerGov Software. (c) Lawful Purposes. Customer shall not use the IVR system for any unlawful purpose. (d) Critical Application. Customer will not use the IVR system for any life-support application or other critical application where failure or potential failure of the IVR system can cause injury, harm, death, or other grave problems, including, without limitation, loss of aircraft control, hospital life-support system, and delays in getting medicate care or other emergency services. (e) No Harmful Code. Customer represents and warrants that no content designed to delete, disable, deactivate, interfere with or otherwise harm any aspect of the IVR system now or in the future, shall be knowingly transmitted by Customer or Users. (f) IVR WARRANTY. Except as expressly set forth in this Agreement, TYLER TECHNOLOGIES MAKES NO REPRESENTATION AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. .,LLU tyler 45 CITY OF -.SH LAN D Council Communication October 19, 2015, Study Session Discussion of financial software replacement FROM: Lee Tuneberg, administrative services/finance services director, tuneberl@ashland.or.us SUMMARY The City of Ashland's financial software (EDEN) is a Tyler product and is nearing end of life. Tyler has submitted an attractive proposal for the city to migrate to its MUNIS product, saving time and money. This conversion is not budgeted in this biennium but the opportunity and savings are significant enough that staff recommends it be considered and, if acceptable, a supplemental budget be adopted to move the proiect up on its timeline. BACKGROUND AND POLICY IMPLICATIONS: Ashland purchased the EDEN software via a bid process in 1999. In response to many operational issues and to auditor comments on security, the city purchased Springbrook utility billing software in 2010. EDEN software is nearing end of life and will no longer receive upgrades or support. Springbrook software has been a costly solution including higher than anticipated bank and portal charges. Tyler purchased competitor EDEN in 2002 and has offered the MUNIS financial software for years as the advanced product to migrate to when ready. MUNIS also includes utility billing software that appears more functional and less costly than Springbrook. Cities of Bend, Forest Grove and Grants Pass were EDEN users and have chosen to migrate to MUNIS. Tyler has offered MUNIS to the City of Ashland at an attractive price to promote migration from EDEN to MUNIS, keeping Ashland as a customer and not having to support EDEN for the City. The cost to migrate to MUNIS is $725,500, which is offset by saving in licensing and banking charges in future years. Staff believed Ashland could wait to go through a bid process (using a consultant) in BN 2017-2019 thus reducing pressure on funding for other programs in the BN 2015-2017 process. Tyler's offer came in too late in the budget process this spring to consider but it is good until January 1, 2016. Staff sees it as an opportunity to start a conversion earlier, thus saving on a consultant, and RFP process, and paying higher than acceptable banking charges and licensing fees related to Springbrook software. See the attached report. The actual proposal from Tyler is omitted because it was extended to the city under confidential cover. COUNCIL GOALS SUPPORTED: Any goal referencing monitoring, costing, funding, financial tools or financing an activity will benefit from up-to-date financial software. Administration and Governance goal: Page 1 of 11FAW&A CITY OF ASHLAND Provide high quality, effective and of cient city services and governance in an accessible, collaborative and fiscally responsible manner including goals 40 - 51 FISCAL IMPLICATIONS: A conversion is not budgeted for BN 2015-2017 however there are certain amounts budgeted that, if a migration were done, would go toward the new software rather than maintaining the old software. These include software licensing, customization costs and third-party upgrades that would be absorbed or not needed in the new software. The net shortfall between what is budgeted this biennium and what will be spent for the migration is a minimum of $322,111. In order to do the migration at least that amount would need to be borrowed, presumably from the Equipment Fund. Only the actual amount needed of a higher amount authorized would be used for the mi gyration. Initial cash funding for the project should come from the excess ending fund balance carried forward in the Central Service Fund, shown below reducing the amount needed to be borrowed. If the migration is done, the annual net savings per year in utility banking and portal fees and licensing costs are estimated at $106,000 to $112,000. Depending on the timing of the migration, savings could be realized during the second half of this biennium. These annual savings would be used to repay the loan over the following four years (ending no later than FY 2019-2020) resulting in NO increase in internal charges for this project and operational savings each year after that, in addition to avoiding consultant costs for selection and conversion in BN 2017-2019. An overview of the budget implications are as follows: Software conversion costing BN 2015-17 BN 2017-19 Year I Year 2 Year I Year 2 Operational Software Budget: Existing Appropriations Projected No conversion Status Quo Subtotal S 371,845 S 334,440 S 706,285 S 371,124 S 394,658 S 765,782 Less: Operational Costs Existing/Projected: S 330,165 S 149,687 ~S 479,852 S 161,054 S 173,283 S 334,337 Costs with Proposed Migration: S 360,427 S 365,073 rS 725,500 S 104,141 S 109,348 S 213,489 Appropriations Shortfall: BN2015-17 S (318,747) S (180,320) S(499,067) Savings in Appropriations Available for Payback S 105,929 S 112,027 S 217,956 Carry forward from BN 2013-15 S 176,956 3 - 4 year payback to be Internal borrowing - minimum S(322,111) complete no late r than F1r21 The new software is expected to last between ten and twenty years if maintained as recommended through internal licensing charges. All departments and utility customers will benefit from this migration. Page 2 of 3 91FAW, CITY OF -AS H LA N D STAFF RECOMMENDATION AND REQUESTED ACTION: Staff requests direction on bringing forth a formal proposal for consideration including the necessary internal or external funding of the project. SUGGESTED MOTION: N/A. This item is for discussion and direction to staff only. ATTACHMENTS: Internal memo dated September 21, 2015 from Administration Services/Finance Director Conversion Costing worksheet Internal memo dated August 12, 2015 from Finance Internal memo dated August 15, 2015 from Community Development Software timeline Note: confidential information (details) omitted Page 3 of3 CITY OF ASHLAND o DATE: September 2I. 201 TO: Dane Kanner. City Administrator FROM: Lee l'uneberg. Finance Director DEPT: Administrative Services attachments: Memo from Accounting. Customer Scrvice & ComDcv. Tentative proposal fron7 Tyler SUBJECT: Software replacement Daring the budget process last spring we discussed that the existing general ledger soft~.vare and integrated products used by Ashland are approaching their end-oflife. That means eventually there is no support from the provider (LDLN) with no updates or improvements. The no updates and improvements condition occurs first and exists todav. Staff is concerned that our functionality \\111 not be maintained into the neat biennium as was first thougtht vv hen we discussed whether the replacement must occur this biennium or could wait until the next due to all the other pressing budget requests. Even though the I DL softvyare may still be around by the next biennium we believe the city will rcuret \yaitinz until then to start a selection process or a conversion since it is likely to take several years for it to be complete. Staff'recotnmends N e take action to convert as soon as is operationally feasible. The primary reason to consider changing nw,~ even though li sited money has been btidiete.d in 201 2017 is the current potential for a timely n1 ration to a slated software vackauc with little hassle and at a reasonable cost. Other factors that would contribute to a decision to start the selection and conversion now are as follows: 1. Funrtitznalih: The basic reason to change sooner is functionality. IfEDIIN was reliable to fix. customize or improve the existing software there would be less worrv but \vithout any enhancernents staff will be doing' more `'work-arounds"' as time goes on to accomplish existing tasks and meet new demands. `phis is lost time and money and does nothinta to extend this software. Customer Serwice: As support diminishes our customers. both internal and external. vv*II be underserved. I:.yen today some things are not possible and anv time, effort and money spent on fixes or alternate approaches could also be considered waste. -ware cost: Current customization and related maintenance costs are increasine as much as S oft ?9/o a year with no increased functionality. L'DI~N*s limited support will diminish and still cost ITx1re. ADMINISTRATIVE SERVICES DEPARTMENT D,1. Tuneberg. Director Te! 541485-5300 20 EastMaln Street Fax 541-552-2059 AsNantl.Oregon 97523 7tt'. 8110-735-2900 vpmv-as andALAS CITY OF ASHLAND o 4. Bank/portal fees: Ashland's bank and portal charges are exorbitant and climbing. A change needs to occur if wye ,want to reduce portal tees and banking charges and to get the process back under reasonable control. 5. llelavs in advances: Ncvv software brings enhancements and the potential for increased functionality. \Vaiting to change delays these benefits. accepts inefficiencies and can only cost more in the long run. An example is online payment processing. The current softwware I'DF,' does not allow online payments wyith credit cards which negatively impacts mane departments. Springbrook should be replaced as part of any ncwy GI., systcm so that all the issues mentioned above are addressed. This would auto the ctu•rent. monthly. manual integration required ,with 5pringbrook. 6. Migration pricing: Tyler has offered a straight-forward migration of all needed applications to Munis (another TvIcr product) that is reasonable. The pricing is likely to not be there or be higher in twyo years or if we decide to utilize a full-blowwn hid process to determine our path. 7. Piggybacking/not bleeding edge: Taking this direct selection process is not unheard of or uncommon. Other, sini lar Oregon agencies have already done the studies or weighed the options and upgraded. Ashland could -piggyback- off of their work, Ashland ,will benefit from the foundation work being laid by these other agencies. This benefit may not exist for Ashland from other software providers. 8. Better use of existing budget: Finally, the BN 2015-17 includes payments for the higher costs of IJ)F N and Springbrook that will not reduce until a transition is made. Some ofthese funds would be better spent on the new software instead of maintaining less than optimal software. Additionally, the Central Service Fund has a larLcr fund balance carry forward (approxiniateIN `175,000) that anticipated. A1.1, departments and funds wwiil get a benefit fiom an upgrade to budgeting.. financial reporting. costing etc. so what better use of these funds! 9. Timing: It would be much better to have the general ledger and budgeting applications in place before the next budget process (Spring 2017) so that staff can be more efficient. accurate and effective. Summary A transition takes time. Started by January 2016 means critical parts will be done by June 2017. Some lesser parts will carry into the 2017-2019 BN and that budget will require added appropriations f`or tt but they ,rill be diminished if a migration is done with the lion share occurring before then. If a migration is not done the city ,will need to budget added amounts for consulting work, purchase and migration costs in 2017-2019 with carry over into 2019-2021. Starting sooner hedges against future problems and probable higher costs and has the great potential to use savings from exorbitant bank charges to help pa} off any borrowing and conversion costs. - ADMINISTRATIVE SERVICES DEPARTMENT D. G. Tuneberg, Director Te! 541-488.5353 20 East Mlam Street Fax: 541-552-2059+ Ashland Oregon '9752.1 TTY 800-735-2900 wmv .ashtand.cr.as CITY OF ASHLAND o We have a knovzn. current advantage right now. Following closely behind other Oregon goverrnments. especially those from southern Oregon, xvill provide more clout to Ashland. Oregon's way of doing things and state-wide. common operational issues and practices will help Ashland get the software providers attention and create allies when steering the direction and functionality of cornmonly used software. Finally. staff is frustrated by software companies that offcr -great products and services only to fall short ofthe mark leaving little for a single agency to do. This is compounded when the software company implements proprietary practices that prohibit the customer from seeking alternatives in order to save moncy. Springbrook has done both of these to the City of Ashland and other agencies. For better or Nvorse EDEN soft«are is merely aged and old technology. They did not take advantage of the situation like Springbrook has and it would be good to transition axyav from Springbrook. All software. good or brad. ages and eventually gets to end-of-life clue to technology changes and competition. l:DFN was bought out by Tyler years ago and Tyler is oflcring a path away from an aged product. Ashland can resolve these issues in one fell swoop. Attached is a budgetary xvorkshcet comparing the costs of doing a migration from FF)I N and Springybrook to a comprehensive Tyler Mums package in BN 2015-2017 as compared to waiting to 13N 2017-2019 to go throu«h a bidRHI process. It is recommended that a bid process will require outside help in the form of a consultant and that consulting service may need to extend through the award and into implementation. The estimated savings from doing a migration sooner than a bid is approximately 5750.000. Actual savings will be differcnt depending on use of a consultant and tinting but the potential savings and improved operational efficiencies are such that staff rccommends the city- take action now for potential efficiency and costs savings sake. When considering the bud(,ct impact for migration there will be a need to adjust 13N 2015-2017. It is estimated that up to $350.000 would be needed as an inter-fund loan from the Equipment Fund in addition to the utilization of the excess carry fo ryv and from 2013-2015 to fund the project. It is possible the inter-fund loan could be paid off in 2017-2019 with budgetary savings in Central Services. minimizing the impact to other departments' internal service charges. Consult the attachment for more details on the city"s use of tltcse products. viable replacement sofmare. conversion costs and other information related to this recommendation. - - ADMINISTRATIVE SERVICES DEPARTMENT D. L. TunOerg, Director Tel 541.488-533 20 East ts"ain Street Fax 541-552-2358 WA 2 TTY. 8C^r-7 A.sh'ard. Orecvn 87 1 35-28Q0 wrrw as,land a~.us Sofm are RF'P Conversion Costing BN 2015-17 B\ 2017-19 l car 4 l car 2 1 car I l car 2 Existing Budget: E:.isrne AhpropriatiOll, N4ajorcomersion ill }car I Sofmaic licensine Purchase. inimition s; 900,000 1:[)1ss SLlpport S " 11,8-15 S 82.4-10 S 86.562 Springbrook SupPoll S :0,011(1 + 311.Ii(t(t S 31.So(1 Nevs :ofticare support S 182,000 13flnkin-- Ices (est. at 5197.32o gear I3\ 15-17) S M;'()()Q S I8i_i)0(i $ 214,2112 S 173.283 Consullilw sety cics - e.dmafc S 100.000 Portal Charges S 27,0{)() S 27.00' 1 S 28, 0 S 28.3 50 S( fmare purchase comer,lon-c,;iimale iVR comer,ion S 5(1.(100 S 10.000 Total S 10,500 S 11,025 Total 'I`otal S 371,845 S 334,440 S 706,285 S 1.371,124 S 394,658 S 1,765,782 Pstimatcd at $650.000 plus 5250.000 tier con%crsion cost etc. Iv be hid_ Estimated at 2891, of software cost. If consultant needed to ;elect sofmare. %Ia, he nccded through coo ci iwn"' ;add 550.000 in \ Qar 2. Conversion to IV14 system in 2015-2016 m.Lnlts'tined, not purchased kith stet( >,.~tF~Lare since scstcm alreal+ pill in place. If SelectionlConcersion approsed I/V2016 Soti~sare licen.1111L Purcha c: Soft\em: 5uppo>rt 79.545 Softk{aresupport S 26.000 Banking chargc,-c.;limale S 197.320 S 149.65? S 16[.05-4 S 17 .283 Portal charge, ti 17.000 IVR amber;inn Lxistine S S Total Subtotal S 330.165 S 449,687 S 479,852 S 161.057 S 173.283 S 334,337 Plus: Proposed Changes to Budget: IIalf down I icensing purcha:c S 164.315 S 82.155 S 82.158 Annual licen,ing(5°o per Year increa, S 92.916 S 92.916 S 97,562 S 102,440 $ 107.562 1-hind part S 3,992 S 1.996 S 1.996 ImplCmentalion S 243.525 S 121,763 S 121.763 1` ornts'reportill.= dashhlhlyd scalp S 40.000 S 20,000 S 20.000 Data cLmrersion $ 63.300 S 1.650 S 31.651( ('0l1SLl1tl1l1C serclee, Portal ehargcs IVR t km%% ,rsion S 19,890 S 9.915 S 9,94 5 Total 5 1.701 S 1,786 l'otal Subtotal S 627,938 S 360,427 S 365,073 S 725,500 S 104,}41 S 109,348 S 213,489 7 ota1 S 690.592 S 514.760 S 1,205,352 S 265,195 S 282,631 S 547,826 Mi«ration in S\ 215-2017 V. Bid in BA 2017-2019 Biennium Biennium Four Vcar 2015-2017 2017-2019 I otal Migration in B` 201-5-2017 S 1,205,352 S 547,826 S 1,753,178 Delay to bid it in B\ 2017-2019 S 706,285 S 1,765,782 S 2,472,067 Added cost to ssait mo cears to use consultant to hid softssare: S 718,889 Primar% reasons for differential: 7Nler proNidingsoftmarc discount for migration from I'DI:A to Mullis S 349?50 Consultant costs S IM,1,000 Springbrook banking/portal fees $ 211 A91 I-;stimatedlice nsing)comersion'otbercosts S 5.1J)48 S 718.88`3 CITY OF ASHLAND Me DA-11,: AU(1USt 17. 2015 TG: Lee T'unebera. Finance Director FROM: Bill Molnar. ('onmmunity Developtment Director DEPT: Conttnunit- Development Department RFl: Permitting and Jnspeetion softNyarc upgrades The Community Development Department be<oan using EDEN Systems Permitting and Inspection software in 1999 and it remains a core component of our department's daily activities. F.D} N Permitting is used as the primary means of entering permit review results by all C itv staff with reti-ic yv responsibilities. The tracking of all planning actions. building permits. Public Forks permits. and the recording of daily inspection results is conducted through the use of this software. Additionally the rec-eipting of all revenue associated with permits and fees within the Community Development Department and Public %Vorks Department is Conducted in EDEN Permitting. alknvin;Z= direct coordination with the City's general ledger to ensure efficient and accurate collection of payments. Fden Permitting has not had substantial advancements in the last 15 years and lacks the web based functionality and GIS integration that has become standard in modern permitting softwarc. Further the parent organization. Tyler Technologies Inc, acquired another more robust permitting software company WnerGov) with the intent of offering such technological advancements, making any future enhancements to LDEIN Permitting unlikely. The Commtill ity Development Department aims to increase efficiencies as well as provide ready access to information to our customers and citizens at large. Upgrading Ashland's permitting and inspection software will serve to improve the clarity, responsiveness and certainty ol'the development review process. Transitioning to a more cffectivc permitting system, with online e-permitting and electronic plans review abilities. is expected to increase efficiencies as 1i>llo\',-s: • Contractors and other applicants call submit permit requests online saving them time and expense. Mobile capability available in current building permit software options alloys Community Development Department !fill Molnar, Director Te` 541-488-53,36 23 East r.'ain Street Fax 5.41-5522050 Ash!an~ 0,egDn 97520 1TY, 803-735-29G wmv ash!anu "r us CITY OF -ASHLAND Men~o contractors to use mobile devices to apple fora permit. submit plan addendums, and request inspections right from the construction site. These functions are increasingly demanded by our customers. • The ability for customers to check the status of a permit. or request inspections. via a web-based interface will create efficiencies for contractors and residents, and our department. • The City's extensive existing City Geographic information Systems (GIS) data could be integrated with Permits. This Functionality would help facilitate zoning verification. slope anaIN'sis. location of floodplains. historic district overlay review. building permit and code compliance history all kyithin the permitting software, • City Staff conducting inspections could use mobile tablets to instantly access permit information remotely.. in the field at construction sites. and instantly record inspection results. • Utilizing software that creates efficiencies in all steps oftlre process means \ve would be less likely to experience backlogs when construction ramps tip. • With a transition to electronic plans review enabled by enhanced permitting software. both permit intake and inspections can be managed fully within the program. Automatic updates and scheduled f0ll0V,-1ips ty111 ensure that paper filing systems can be phased out over time. The Comr'nunity Development Department recognizes that out- existing permit software is becoming increasingly obsolete after having served the community \\ell for the last 15 years. With Eden Systems Permitting as it stands, we are unable to meet the expectations of citizens and customers in providing ready access to information online. and we are unable to begin the transition to a paperless permitting and inspection Process Which would increase overall efficiency. NVe have evaluated multiple permitting software options over the last 3 years in anticipation of the eventual need to upgrade our software. WC found that each pertnittine software package reviewed could be cont'imired to meet the City's needs, and would constitute a dramatic improvement over the Eden Perrnittim, software we currently use. In evaluating the Oregon State Accela e-permitting svstem Xve fecund that to address Ashland's permitting and planning application processes Accela Automation would need to be acquired and customized. We also evaluated Tyler Technologies newest permittim~., software. Fner(iov, which could readily be configured to meet our expectations of having web access for customers and citizens, mobile access for inspectors. electronic plans review capability. GIS integration. and gencrat ledger compatibility. In examining each software package independently vi e found that implementation costs and annual licensing of these software packages were largely comparable as shown in the table belo~\,. The pant}' between the competing sol`tt\are packages is largely achieved dire to a discount from Tyler Technologies Community Development Department Bill Molnar, Director Tel 541-48Er-53x5 20 East r,:9a!r stree'. Fax 541-552-2050 Ash and, Oregon 97520 TTY 800-735 290'vow ash!ard~o, us CITY OF ASHLAND r o F nerGoy afforded to existing Eden Systems customers. which offsets the State of Oregon subsidy of the Aceela softiyare for Building Division related licensing and initiation costs. Accela Automation Customized EnerGov (March 2013 estimate) (January 2015 estimate) Initiation Costs Annual Costs Initiation Costs Annual Costs Licensing Cost ' 567.063 $21,795 $58,779 S20,796 Totals Configuration/Setup $107,505 s0 S121,000 So Cumulative Totals $174,568 $21,795 $179,779 $20,796 Oregon State BCD program subsidizes Building I Includes $45000 Credit toward Licensing I Notes r Permit software costs only, not Planning, Public j initiation costs for existing Eden Permits and Works or Code Compliance. Land Management users In consideration of the Finance Department's evaluation of ` upgrading the City's core financial software we are supportive of efiurts to coordinate the replacement of Eden permitting, as part of this effort. Addressing each ofthese City software s%-stems simultaneously should alloy for lower implementation costs. increased rollout speed. and enhance inter-departmental coordination. In the event the City elects to hire a consultant to assess the needs of the Cite. the Community Development department would like to participate on a multi-departmental panel to review proposals- 1-fowever, given the ability to consolidate implementation efturts and realize costs sayings in migrating from Eden Systems to 1 vieFs upgraded financial and permit tracking software offerings, the Community Deyelopntent department supports direct discussions with Tyler'l-echnologies regarding procurement ofthe upgraded soft"are packages. Community Development Department Bill Molnar, Director Tel 541.48$-5305 20 Eas, Main Street Fax 541,552-2050 Ashland, Oregcr. 9 520 TTY: 800--35.2K0 vrvr&asrland or us CITY OF -ASHLAND Memo DAIT:: Atau,~,trst 12.2015 `1-Q: l.ce Tunebere_ Finance Director FROM: Cindy' Nanks, Accounting Manager DEPT: Finance Department RE: `re« software The Eden financial software. purchased in 1999, is going to sunset in the near future. meaning that the provider will no longer support the system (exact date to be determined). Eden was purchased by Tyler Technologies in late 2003. At that point Tylcr had acquired multiple governmental soft-ware companies. with the goal of eventually merging all to one multi-faceted software system I'm governmental accounting. Although Tylei- will continue to support the laden software in the near term. no major updates or enhancements to the system are planned. '['lie Cit% uses Eden for Financials. Pavroll. Budgeting. Purchasing. Fixed Assets, Inventory. Human Resources, licensing. Project Accounting and Permitting. These functions are all critical to meeting state, federal and local requirements. Please note that there are still a fcw features to Eden tht have not been implemented due to tithing and operational shortfalls. The Eden core software system (operating svstem) hasn't changed since purchase. While the system is still functioning. the demands placed on this legacy system for more information, more reports and more functionality drive the need to move to a more modern software system. Most software providers now offer or are moving to a "cloud-based. solution. NO such option is available for the current Eden system. Cloud solutions utilize wela based operations not normally hosted on a city-owned server. I believe there are two realistic approaches to deal with our end-of=life financial system. 1) Path one is to hire a consultant to assess the needs of the City and each department as they relate to each component ofthe Eden software and develop an UP for the procurement of a replacement system. Assutning a reasonable response to the RFP, with the assistance ofthe consultant, a multi-department panel would be created to review, rant: and recommend the RFP - - - FINANCE DEPARTMENT D. L. Tuneberg, Director Te!: 541-488-530,6 I 20 East Main street Fax ~i 488-5311 Ashia^ Q gin 0,752D TTr 800.735-230v ww&,_ashiand etas C I T Y OF -ASHLAND Men~o submittals. On-sight visits may be required. USinE_T a consultant ~rottld require competitively bidding the service and is estimated to cost at least 550.000 and perhaps in excess of$100.000. Final bid for a comprehensive package is likely to exceed $1 million in addition to the cost of a consultant to assess and possible assist along the way. Path two is to stay with Tyler Technologies and migrate the current Eden software modules it) another product offered by Tyler. A probable solution is Tyler's very robust system called Mullis. Tyler is offering the Muni system to existing customers at a reduced price most assured1v to retain the client and to recognize the simplified approach required to migrate rather than re.-bid and lose the customer. Both of the above options have risks to them. There is no software that is perfect and that can meet all 01 '01-11- needs. I-Ioweyer. I believe the best option would be to migrate to the Munis S-,stem. For the cost and the bclova list of modules it makes the best use of City fiends. An initial discussion with Tyler regarding an upgrade to their complete. integrated system indicated a cost of purchase well under $200.000 Nvith conversion and third party fees under $360.000. As with all software providers there is an annual license for support on the applications and that is estimated to be approximately $93.0001. Ashland currently budgets and pays $141.000 in annual fees to Eden and Springbrook so the entire nety package would have $48,000 positive (savings) impact each year beyond the purchase conversion price. The total includes the modules listed below as well as data conversion from out- existing Eden Systems modules. t`se of a consultant by the Cite is optional. - - - - - Financials (General t.edacr. Budget) Inventor!/Fixed Assets Purchasing Pa`roll Project and Grant Accounting Account, Receivable Ujthty Billm0 Human Resources ! Employee Access Portal 01R) NVork Orders (11 t.lec Operations) i Permits and Inspections ~ F3usinessLicenses Fleet and Facilities Mgmt Content Manager Citizen Access Portal User Dashboard Special Assessments Report N titer ~ Some of the features of lvlunis are highlighted below. Much ofthe information described below is not available to us in our current system. Financial Core - -[-his is the general ledger, purchasing and accounts payable. These functions are more streamline with current business practices. they Ieature electronic approvals with each - - - - FINANCE DEPARTMENT D. L. Tuneberg. Director Tel 541-488-53,00 9AVI 20 Eas, mmi Streel Pax 541-488-5:31 s Ashland, Oregon 97520 TTY. 800.735-294`9 mvw,ash!and or u: CITY OF -ASH LAN D o module. They support use of 1' cards which can streamline the purchasing process, providing efficiencies. 'I'llere is an auto correct feature that corrects all documents within the sub ledgers. 1~or example 11'a PO was issued to an incorrect account number and was paid to that Incorrect nwnbcr, the single correction is documented in all svstcros and rcadily yievvable by all users. Dashboard This is a web based tool that allows users to launch programs and other applications from a single ~Nork area. Web parts (think of apps on your smart phone) can be added to the dashboard oil a per user basis. It simplifies sharing information and shows critical data such as workflow approval. notifications and date-based alerts. Collections for Account Receivable. Track budg,ets atzainst VI D futures. Tyler Reportin~_, Services - This is for reports and queries in formats that are unique and customized to the City and helps provides the right information. This service trains staff oil usiti the standard reports and cI-eating our o',vn. The data is presented in a simplified stI-ueture for staff to be able to use. Content Xlanat er - This is product that is similar to Lasertiche. I lowever. this module takes all system generated processes such as accounts payable checks (Purchasing orders, W2"s) and links it to the vendor information. Also. it allows scanning of invoices and scanned documents are linked to the vendor files. It supports query on any of the texts. Pavroll - A true employee self service web portal %\-here employees can see all their pay data including bi-N\cckl\- paychecks. they can make changes to their W-4. change dependents. addresses. etc that integ,rates back to the IIR application. There is a paycheck simulator. where employees can input data to come up tyith an estimate. This contains a true online tinleslteet function as well. I-IR- This provides the ability to produce and track the status of personnel action forms (PAI~'s) from the system. This also coordinates With NFEOGOV. I I1Z"s Current employment application processing web app. Other features include the monitoring, of open positions. management of events such as next perlormance reviews. step increases. etc. I Itility Billing, Please see attached memo from Customer Services Supervisor Bryn Morrison. Report writer- Munis offers tree report writing for any reports that take two hours or less of work to produce. - FINANCE DEPARTMENT D. L. 7uneberg, Director TeF 1 4 & v34~j 20 East Main, Stmt Fax 541-453-5311 Ashland Oregon 9752 TTY: &X-735-2900 vAw, as'"'ard Or US CITY OF -ASHLAND Meo Permits and Inspections - Please see attached memo from Community Development Departinent Below is a summary of recent discussions with other jurisdictions in our area regarding their current software systems, their level of satisfaction. their current or future plans for changes, and vyhat they are doing liar their software needs. • Citv of'Grants Pass - Hired a consultant and previewed Tyler and Springbrook. Thev chose Tvlcr- Munis • Citv of Medford - I fired a consultant and is in the process of reviewing Tyler- Mullis and One Solution. • Citv of Corvallis - Selected One Solution but stopped tnid-implementation and dropped One Solution. • Citv of Bend Hired a consultant and Selected TvIer - Alunis • Cite of forest Grote - Currently evaluating Tyler - Munis • Benton County - Currently evahating Tyler - Munis The examples above seem to indicate that in the recent past a consultant approach for similar organizations has resulted in a M nlis selection in Grants Pass and Bend.. Also. similar sized organizations with similar complexities like Forest Grove consider \'Iunis as a viable solution. In my opinion. the City is at a point with the Fden Systems software where the current deficiencies within Laden are becoming more prevalent_ We cannot implement desired business changes within our current software. W'e cannot provide necessary reports. We cannot meet current demands for data requests and many functions require a challenging, amount of`'work- arounds- or manual effilrt from the Accounting staff and other departments. It is mti, recommendation that staff consult with the Legal department to determine the appropriate steps for a software upgrade'rnigration to the Munis suite of softN are packages and, ifaccepted. the City begin more detailed discussions with Tyler regarding a more format quote for the "path tyNo" solution. - - - - - - FINANCE DEPARTMENT ILA& 0. L. Tuneberg. Director Tel_ 541-486-5300 20 EastYasn 5 reet Fax. 541-438-53!1 Ashiand, Gregor 37523 TTY 8GO-735-293," %wiw.asNand or us Timeline of Key COA Software Milestones - Primarily General Ledger and Utility Billing 1. About 1999 the city bid and awarded a financial software contract to EDEN. Conversion of applications, as warranted, continued for multiple years. Some applications were never employed due to timing and staffing direction. 2. Utility billing software remained "home grown" and was not included in the financial package purchase and conversion. 3. About 2003 EDEN was acquired by Tyler. 4. About 2004 the city acquired Incode Courts software directly from Tyler. 5. During fiscal Years 2005-2012 the home grown utility software failed audit security and control requirements. Efforts were ongoing to comply but eventually staff and auditors agreed it has to be replaced by an outside software. 6. In 2010 the city bids utility services and awarded to Springbrook. EDEN bid its utility software but functionality was stated by them to be lacking... there were things they felt they could not do Springbrook said they could do the things requested with customization. The other bidder was COG and its estimate for utility billing alone was well above $500,000. 7. City went live with Springbrook UB in 2012 but the software is clunky, costly to run and not very efficient. Many of the bid features required customization and that has an ongoing cost. Staff reviewed options with Legal and found little recourse so implementation and customization continued. 8. June 2013 Tyler indicated no need to change from EDEN financials in the foreseeable future and offered migration to Muni as a planned path whenever decided by the customer. 9. January 2015 staff raised the impending financial software conversion but does not budget replacement due to all other financial demands, thinking that EDEN will last into the next biennium with preliminary work for replacement being achieved by June 30, 2017. 10. Staff requested information on migration and received an estimate for migration good through January 1, 2016. However, staff is unsure about functionality of Munis and the benefits of migrating over going to bid. 11. Accounting staff attended Tyler conference to view Munis software and to discuss with other users their plans to migrate or bid. Their first impression is that Munis is very viable and many agencies are taking advantage of Tyler's offer to not charge additional licensing for migration, in essence to keep pricing with the amounts currently contracted. 12. August 2015 staff submitted report reflecting history, feasibility, peer research and pricing of migration including confirmation that Tyler is the sole provider/developer/modifier of Munis for purposes of bidding or migration and/or maintenance. 13. September 2015 staff evaluates the potential of migrating to Tyler Munis sooner than planned including the replacement of Springbrook due to the considerable customization, related costs and less-than-efficient operations of the software and Springbrook customer service. Note: 14. Support of EDEN financial software will eventually cease. The city has to migrate or bid new software. Investment of additional time and money into EDEN and peripheral software should be considered unworthy. Some may still be required if conversion is delayed to BN 2017-19. 15. Migration is very viable and perceived to be less costly than bidding and starting from scratch with anew software provider. Migration within the software held by the same company seems to be unfettered by the requirement to bid services. 16. Tyler, who owns EDEN has a well-known and perceived to be a very good product called Munis. Tyler has planned for customers to easily migrate to Munis and offers incentives to do so. 17. Tyler has provided an estimate for migration from EDEN/Springbrook to Munis good to 1/2016. 18. Munis includes many other applications like utility billing that appear to be more comprehensive than Springbrook. 19. Many similar government agencies in Oregon are in the same spot and already bidding, negotiating or studying a migration to Tyler Munis . At least one has failed with bids to another software provider and are considering Munis at this point. 20. Ashland Finance Department recommends the City consider the same migration. CITY OF ASHLAND Council Communication December 15, 2015, Business Meeting Approval of a Change Order in Excess of 25% for Consultant Services to Ashland Transportation System Capital Projects FROM: Michael R. Faught, Public Works Director, Public Works, faughtm@ashland.or.us SUMMARY Council is asked to approve a change order in excess of 25% for work required to extend a personal services contract with John Watt & Associates LLC (JWA). This proposed $16,740 contract extension would allow Al Densmore to proceed with his recommendation to request additional funding for the East Nevada Street Extension project in the 2016 state legislative process. BACKGROUND AND POLICY IMPLICATIONS: At the November 17, 2015, Council meeting, Al Densmore provided an update on his lobbying efforts for funding of the East Nevada Street Extension project. At that time, Mr. Densmore outlined his plan to request additional funding through the state legislative process starting with the 2016 session but understanding that any real potential funding would likely not be realized until the 2017 session. This change order would allow Mr. Densmore to continue to lobby for funding options/opportunities for the East Nevada Street project for an additional six months. FISCAL IMPLICATIONS: There are sufficient Street funds available to cover the cost of this personal services contract extension. COUNCIL GOALS: • Deliver timely life-cycle capital improvement projects • Maintain and improve infrastructure that enhances the economic vitality of the community STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the contract amendment with JWA for an additional $16,740. SUGGESTED MOTIONS: I move approval of a contract amendment with JWA for an additional $16,740. ATTACHMENTS: Addendum to Contract Page 1 of ] ADDENDUM TO CITY OF ASHLAND CONTRACT FOR PERSONAL SERVICES LESS THAN $35,000 Addendum made this 15th day of December, 2015, between the City of Ashland ("City") and John Watt Associates, LLC ("Consultant"). Recitals: A. On June 11, 20151 City and Consultant entered into a "City of Ashland Contract for Personal Services Less than $35,000" (further referred to in this addendum as "the agreement"). B. The parties desire to amend the agreement to extend the date and increase the compensation to be paid to the Consultant. City and Consultant agree to amend the agreement in the following manner: 1. The date for completion as specified in Paragraph 4 of the agreement is extended to July 12, 2016. 2. The maximum price as specified in Paragraph 5 of the original agreement is increased to $33,480. 3. Except as modified above, the terms of the agreement shall remain in full force and effect. CONSULTANT: CITY OF ASHLAND: By BY ,l n Department Head Its 1~ SA 0C- hsT Date DATE -Z. Purchase Order #12918 Acct. No.: (For City purposes only) 1- CITY OF ASHLAND, ADDENDUM TO CONTRACT FOR PERSONAL SERVICES - CITY OF ASHLAND Council Communication December 15, 2015, Business Meeting Resolution Repealing and Replacing Resolution 2015-29 (Adopting a Supplemental Budget Establishing Appropriations within the Biennium 2015-17 Budget) to Clarify Language FROM: Lee Tuneberg, Finance Director, Administrative Services Department tuneberl@ashland.or.us SUMMARY Resolution 2015-29, which created a supplemental budget to facilitate the purchase of new financial software, did not clearly reflect the intent of the supplemental budget as presented in the supporting documentation. The auditors have recommended a change to the wording to clarify that some resources to be used for the software migration are from the excess ending fund balances carried over from the prior year. Repealing and replacing the resolution with a corrected resolution rather than revising or amending the adopted resolution provides better tracking in city records. BACKGROUND AND POLICY IMPLICATIONS: The supporting documentation to the supplemental budget clearly indicated that excess funds from the prior year carry forward were to be appropriated for the software project. The language in the approved resolution is not clear and should be replaced. No other changes are proposed. FISCAL IMPLICATIONS: None. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approve the proposed resolution. SUGGESTED MOTION: I move to adopt a resolution titled, "A resolution clarifying language in Resolution 2015-29 (adopting a supplemental budget increasing appropriations within the 2015-2017 biennium budget), Resolution 2015-29 is repealed." ATTACHMENTS: Proposed Resolution Resolution 2015-29 Page 1 of 1 RESOLUTION NO. 2015- A RESOLUTION CLARIFYING LANGUAGE IN RESOLUTION 2015-29 (ADOPTING A SUPPLEMENTAL BUDGET INCREASING APPROPRIATIONS WITHIN THE 2015-2017 BIENNIUM BUDGET), RESOLUTION 2015-29 IS REPEALED Recitals: ORS 294.480 permits the governing body of a municipal corporation to make a supplemental budget for the fiscal year for which the regular budget has been prepared under one or more of the following reasons: a. An occurrence or condition which had not been ascertained at the time of the preparation of a budget for the current year which requires a change in financial planning. b. A pressing necessity which was not foreseen at the time of the preparation of the budget for the current year which requires prompt action. c. Funds were made available by another unit of federal, state or local government and the availability of such funds could not have been ascertained at the time of the preparation of the budget for the current year. d. Other reasons identified per the statutes. e. Resolution 2015-29 included unclear language and is repealed and corrected as highlighted below by this resolution. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Because of the circumstances stated below, the Mayor and City Council of the City of Ashland determine that it is necessary to adopt a supplemental budget, establishing the following additional appropriations: General Fund Appropriation: Police Department $40,155 Resource: Intergovernmental Revenues $40,155 To appropriate funds from You Have Options Program (YHOP). This was collected by city of Ashland and is now being handled through Jackson County SARI. Central Service Fund Appropriation: Administrative Services Department $575,000 Resources: Interfund loan (Revenue) $400,000 Budgeted Carry Forward $175,000 To appropriate for the cost to migrate financial software from Eden to Munis, both a Tyler Technology product. This requires a capital interfund loan that will be repaid with annual payments of up to $100,000 (interest calculated on the actual monthly interest earned in the Page 1 of 3 Local Government Investment Pool and completed no later than fiscal year 2021 per the attached schedule with no prepayment penalty) and a transfer of excess monies beyond the amount budgeted for Working Capital Carryover from the prior year. Equipment Fund Appropriation: Interfund Loan (Expense) $400,000 Resource: Budgeted Carry Forward $400,000 To appropriate an interfund loan to the Central Services Fund for migrating the financial software with the terms identified above. 1 015155 S-- j TOTAL ALL FUNDS 1.0155 SECTION 2. All other provisions of the adopted 2015-2017 BIENNIUM BUDGET not specifically amended or revised in this Supplemental Budget remain in full force and effect as stated therein. SECTION 3. This resolution was duly PASSED and ADOPTED this day of December, 2015, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of December, 2015. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 2 of 3 Interfund Loan Repayment Schedule Payment from Central Servcies Fund to Equipment Fund BN 2015-17 Loan Loan Year Principle Est. Int.* Est. Pmt Balance BN 2015-17 $ 400,000.00 FY2018 $ 100,000.00 $ 8,000.00 $ 108,000.00 $ 300,000.00 FY2019 $ 100,000.00 $ 6,000.00 $ 106,000.00 $ 200,000.00 FY2020 $ 100,000.00 $4,000.00 $ 104,000.00 $ 100,000.00 FY2021 $ 100,000.00 $2,000.00 $ 102,000.00 $ - * Interest estimated at 2%. Maximum Loan Amount $400,000 Repayment No Later than June 30, 2021 No Early Payment Penalty Interest based upon LGIP Actual NOW 3 of 3 RESOLUTION NO. 2015- 2°l A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET INCREASING APPROPRIATIONS WITHIN THE 2015-2017 BIENNIUM BUDGET Recitals: ORS 294.480 permits the governing body of a municipal corporation to make a supplemental budget for the fiscal year for which the regular budget has been prepared under one or more of the following reasons: a. An occurrence or condition which had not been ascertained at the time of the preparation of a budget for the current year which requires a change in financial planning. b. A pressing necessity which was not foreseen at the time of the preparation of the budget for the current year which requires prompt action. c. Funds were made available by another unit of federal, state or local government and the availability of such funds could not have been ascertained at the time of the preparation of the budget for the current year. d. Other reasons identified per the statutes. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Because of the circumstances stated below, the Mayor and City Council of the City of Ashland determine that it is necessary to adopt a supplemental budget, establishing the following additional appropriations: General Fund Appropriation: Police Department $40,155 Resource: Intergovernmental Revenues $40,155 To appropriate funds from You Have Options Program (YHOP). This was collected by city of Ashland and is now being handled through Jackson County SARI. Central Service Fund Appropriation: Administrative Services Department $575,000 Resources: Interfund loan (Revenue) $400,000 War4ing-Capit"arryover $175,000 To appropriate for the cost to migrate financial software from Eden to Munis, both a Tyler Technology product. This requires a capital interfund loan that will be repaid with annual payments of up to $100,000 (interest calculated on the actual monthly interest earned in the Local Government Investment Pool and completed no later than fiscal year 2021 per the attached schedule with no prepayment penalty) and a transfer of excess monies beyond the amount budgeted for Working Capital Carryover from the prior year. Page f of 3 Equipment Fund Appropriation: Interfund Loan (Expense) $400,000 Resource: Fsndftig+un& alanoe $400,000 To appropriate an mterfund loan to the Central Services Fund for migrating the financial software with the terms identified above. TOTAL ALL FUNDS 15 155 1 515 SECTION 2. All other provisions of the adopted 2015-2017 BIENNIUM BUDGET not specifically amended or revised in this Supplemental Budget remain in full force and effect as stated therein. SECTION 3. This resolution was duly PASSED and ADOPTED this day of December, 2015, d takes effect upon signing by the Ma or. Barbara Christensen, City Recorder SIGNED and APPROVED this d~ay of December, 2015. r hn Stromberg, Mayo Revi ed as to form: avid IL an, City Attorney Page 2 of 3 Interfund Loan Repayment Schedule Payment from Central Servcies Fund to Equipment Fund BN 2015-17 Loan Loan Year Principle Est. Int.* Est. Pmt Balance BN 2015-17 $400,000.00 FY2018 $100,000.00 $ 8,000.00 $ 108,000.00 $ 300,000.00 FY2019 $ 100,000.00 $ 6,000.00 $ 106,000.00 $ 200,000.00 FY2020 $ 100,000.00 $ 4,000.00 $ 104,000.00 $ 100,000.00 FY2021 $ 100,000.00 $2,000.00 $ 102,000.00 $ - * Interest estimated at 2%. Maximum Loan Amount $400,000 Repayment No Later than June 30, 2021 No Early Payment Penalty Interest based upon LGIP Actual Page 3 of 3 CITY OF ASHLAND Council Communication December 15, 2015, Business Meeting Public Hearing on and First Reading of an Ordinance Amending Title 18 Land Use of the Ashland Municipal Code for Homegrown Marijuana and Marijuana- Related Businesses and Declaring and Emergency FROM: Maria Harris, Planning Manager, harrism@ashland.or.us SUMMARY: The proposed land use ordinance amendments create standards for the allowable size, scale, and location of marijuana grown in conjunction with a residential dwelling unit and for the location and manner of operation of marijuana-related businesses. Specifically, a residential property would be allowed up to four plants to be grown outdoors, whether for medical or recreational use. Several changes were made to the draft ordinance since the December 1, 2015, City Council meeting, including requiring a 200-foot buffer between residential zones and marijuana wholesale facilities, the addition of a 1,000-foot separation requirement between marijuana production facilities and between marijuana wholesale facilities, and the addition of a clarification that medical marijuana sales and recreational marijuana sales could be co-located in the same building and are not subject to the 1,000- foot separation requirement. A continuation of the public hearing and first reading of the ordinance is scheduled for the December 15, 2015 meeting. There appears to be some urgency in adopting the land use regulations for marijuana-related businesses because State of Oregon representatives recently indicated that the Oregon Liquor Control Commission (OLCC) will begin processing applications on January 4, 2016, regardless of whether local jurisdictions have regulations in place. As a result, the ordinance is worded for an emergency adoption at second reading which is scheduled on January 5, 2016. BACKGROUND: Several changes are included in the attached ordinance that were made to the draft since the December 1, 2015 City Council meeting. The changes in the attached ordinance are described below. • Residential Buffer from Marijuana Wholesale Facilities page 17, 18.2.3.190.B.2.a Marijuana wholesale facilities is added to the list of marijuana-related businesses that are required to locate 200 feet or more from residential zones in the attached ordinance. The previous draft included a requirement that marijuana laboratories, processing, and production businesses locate 200 feet or more from residential zones. This 200-foot residential buffer was carried forward from the existing regulations that require medical marijuana dispensaries that are not located on a boulevard street to be located 200 feet or Page I of 4 I`, CITY OF ASHLAND more from residential zones. The buffer requirement was included for the new types of marijuana businesses because the potential impacts (e.g., number of vehicle trips, safety issues, odor, noise, energy and water use) of this relatively new industry are largely unknown. The Planning Commission recommended beginning with a conservative approach and possibly considering adjusting development standards as local experience is established. Staff believes the lack of information on impacts from marijuana-related businesses also applies to the marijuana wholesale use. The 200-foot buffer from residential zones is shown on the attached map. • Separation Standards for Production and Wholesale page 16, 18.2.3.190.B.2.b.ii and 18.2.190.B.2.c A separation standard of 1,000 feet between marijuana production facilities and 1,000 feet between marijuana wholesale facilities is included in the attached ordinance. Eligible areas for marijuana production and wholesale facilities are shown on the attached map. Staff estimates that approximately four to six of each type of facility, production and wholesale, could be situated in the eligible areas based on the separation standards. The Planning Commission raised issues regarding the impact of marijuana production or commercial indoor marijuana growing on the City's inventory of employment lands and on energy and water supply. Cities such as Denver, Colorado, have allowed commercial grow operations in warehouse structures. Reported problems include high square footage needs with relatively few employees, continuous lighting and high energy use, limited supply of warehouse space, and inflated light industrial or warehouse rents. A limitation on the size of building for commercial marijuana production of 5,000 square feet of gross floor area was included in the ordinance forwarded by the Planning Commission. In addition, 5,000 square feet is consistent with the limitation in the OLCC's temporary rules for recreational marijuana production. The 5,000 square foot gross floor area cap serves to limit the size of individual marijuana production (indoor commercial growing). However, it does not address the cumulative impact on building space and employment lands from marijuana production. For example, the 5,000 gross floor area limitation would allow individual buildings situated on adjacent lots to be used for marijuana production. The separation standard would require that the buildings could not be located on adjacent lots and would have more than 1,000 feet between the buildings. Thus, the spacing standard could control the total amount of building space and employment land that could be used for marijuana production. According to the City's 2007 Economic Opportunity Analysis (EOA), approximately 15% of Ashland's employment is in the industrial or manufacturing sector. The average employment density for the City's commercial, health care, employment, industrial zones is 17.2 employees per acre. More specifically, there is an average of 9.2 employees per acre in the E-1 zone and 12.1 in the M-1 zone. Based on the average of 17.2 employees per acre, the employment land supply is projected to be sufficient through 2027, but begin to experience some deficits in the 2028-2057 time period. Page 2 of 4 CITY OF ASHLAND Though not definitive , as stated earlier the reports from other states indicate that indoor marijuana production (indoor commercial growing) uses a large amount of building space/land and has a relatively low number of employees. Staff suggests the Council also consider a separation standard for marijuana wholesale facilities because warehouse space is also generally land intensive with low employment density. The Parking Generation Manual, P edition, by the Institute of Transportation Engineers includes the following estimates for the number of employees by building square footage for different industries. Industry Number of Employees Number of Employees in a per Building Square 5,000 Square Foot Footage Building Warehouse 1 per 4,100 sq. ft. 1 Industrial 1 per 1,200 s q. ft. 4 Light Manufacturing 1 per 1,000 s q. ft. 5 General Office 1 per 300 sq. ft. 17 • Retail Co-location page 18, 18.2.3.190.B.3.a.iv The proposed amendments forwarded by the Planning Commission include a 1,000 separation requirement between marijuana retail sales outlets. Marijuana sales are defined as both medical marijuana sales and recreational marijuana sales. In evaluating the land use impacts of a retail establishment, the logic was that the impacts to city facilities such as the street system and to surrounding neighborhoods are likely similar whether medical or recreational marijuana is sold. The proposed amendments were not intended to prohibit a store from selling both medical and recreational marijuana. However, shortly before the Planning Commission public hearing the State of Oregon passed administrative rules prohibiting any of the recreational marijuana-businesses licensed by OLCC from locating on the same premises as a medical marijuana grow site, medical marijuana processing site, medical marijuana dispensary, or a liquor store. For retail sales, this means under current state rules a medical marijuana dispensary and recreational marijuana sales outlet cannot be located on the same premises. When originally developed, Ashland's proposed amendments for marijuana retail sales were not intended to prohibit medical and recreational sales from being located in the same building. Language is included in the attached ordinance to clarify that medical and recreational marijuana sales could be in the same building if in conformance with state rules. In the event the state rules are amended, this would allow both types of sales to occur in one building. • Croman and North Mountain Special Use Standards pages 21 and 24 Staff included some housekeeping edits in the ordinance. Since the revised land use ordinance was adopted in 2014, staff has been keeping a running list of minor corrections. Page 3 of 4 CITY OF ASHLAND As a result, staff used this opportunity to edit the special use standards for both the Croman Mill and North Mountain Neighborhood districts. The change is in terminology from "special permitted use" to "permitted with special use standards." This is for consistency with the terminology in the table of uses allowed by zone in chapter 18.2.2. The manner in which the uses are evaluated and processed does not change. Uses subject to the special use standards continue to be those uses that are allowed subject to specific development standards. In addition, in the North Mountain Neighborhood District several of the commercial uses were mistakenly show as "P" or permitted in the revised ordinance, but were categorized as "S" or uses subject to special uses in the original ordinance. This has been corrected in the attached ordinance. The Planning Commission recommended approval of proposed land use ordinance amendments for homegrown marijuana and marijuana-related businesses at the October 27, 2015, meeting. The Planning Commission forwarded a report detailing the Commission's recommendation on the proposed land use ordinance amendments and the report was included in the December 1, 2015, City Council meeting packet. The City Council held a study session on the proposed amendments on November 30, 2015, and the Planning Commission held study sessions during the development of the proposed amendments on June 23 and August 25, 2015. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of first reading of the amended ordinance as presented. SUGGESTED MOTION: I move to approve first reading of an ordinance titled, "An ordinance amending chapters 18.2.2, 18.2.3, 18.3.2, 18.3.3, 183.5 and 18.6.1 of the Ashland Land Use Ordinance relating to homegrown marijuana cultivation and marijuana-related businesses including production, processing, retail sales, testing, and wholesale and declaring an emergency," and to move the ordinance to second reading. ATTACHMENTS: 1. Proposed Land Use Ordinance Amendments for Homegrown Marijuana and Marijuana-Related Businesses 2. Draft Map of Eligible Locations for Marijuana Wholesale and Production Page 4 of 4 1r, ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 18.2.2, 18.2.3, 18.2.5, 18.3.2, 18.3.3, 18.3.5 AND 18.6.1 OF THE ASHLAND LAND USE ORDINANCE RELATING TO HOMEGROWN MARIJUANA CULITVATION AND MARIJUANA-RELATED BUSINESSES INCLUDING PRODUCTION, PROCESSING, RETAIL SALES, TESTING, AND WHOLESALE AND DECLARING AN EMERGENCY Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined thr-ou-gh and additions are bold underlined. WHEREAS, Oregon voters passed Measure 91, known as the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act, in November 2014 which allows households with one or more persons 21 years age and older to have up to four marijuana plants at a household and process, keep, and store limited amounts of homegrown marijuana and homemade marijuana products. In addition, Measure 91 requires the Oregon Liquor Control Commission to develop and implement a licensing process for commercial marijuana facilities including processing, production, wholesale, and retail; and WHEREAS, the Legislature passed four laws relating to medical and marijuana in the 2015 legislative session including House Bill 2400 amending the Oregon Medical Marijuana Act (OMMA) and Measure 91; and WHEREAS, Article 2. Section I of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the 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 PirefiVhters Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, under Oregon law, local governments may regulate the operation and location of certain types of uses within their jurisdiction limits except when such action has been specifically preempted by state statute; and WHEREAS, Measure 91 allows cities and counties to adopt reasonable time, place, and manner regulations of the nuisance aspects of marijuana facilities and specifies that the authority granted to cities and counties by Measure 91 "is in addition to, and not in lieu of, the authority granted to a city or county under it charter and the statues and Constitution of the state;" and Ordinance No. Page 1 of 28 WHEREAS, House Bill 3400 provides that cities may impose reasonable regulations including hours of operation, manner of operation, public's access to, and location on five types of recreational licenses and medical marijuana grow sites, processing sites, and dispensaries; and WHEREAS, the City Council determined it is necessary to establish rules and regulations ensuring that both safe access to marijuana and land use compatibility are maintained; and WHEREAS, the City Council determined there has been an increase in marijuana cultivation, specifically in residential neighborhoods, because of an increase in medical marijuana grows allowed by state law; and WHEREAS, the City Council finds that the increase in marijuana cultivation resulted in an increase in code compliance complaints regarding odor related to outdoor marijuana cultivation as well as adverse impacts related to noise from mechanical equipment and lighting related to indoor marijuana cultivation in accessory structures such as greenhouses; and WHEREAS, the City Council determined it is necessary to establish rules and regulations for marijuana cultivation and commercial marijuana facilities, while preserving the peace, safety and general welfare of residential neighborhoods and neighboring properties; and WHEREAS, the Planning Commission of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on October 27, 2015; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on December 1, 2015 and December 15, 2015; 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 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 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. Chapter 18.2.2 [Base Zones and Allowed Uses] of the Ashland Land Use Ordinance is hereby amended as follows: 18.2.2.030 Allowed Uses A. Uses Allowed in Base Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to approval of a conditional use permit. Where Table Ordinance No. Page 2 of 28 18.2.2.030 does not list a specific use and chapter 18.6 does not define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use are prohibited. For uses allowed in special districts CM, HC, NM, and SOU, and for regulations applying to the City's overlays zones, refer to part 18.3. B. Permitted Uses and Uses Permitted Subject to Special Use Standards. Uses listed as "Permitted (P)" are allowed. Uses listed as "Permitted Subject to Special Use Standards (S)" are allowed, provided they conform to chapter 1 8.2.3 Special Use Standards. 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. C. Conditional Uses. Uses listed as "Conditional Use Permit Required (CU)" are allowed subject to the requirements of chapter 18.5.4. D. Prohibited Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use following the procedures of section 18.1.5.040 are prohibited. Prohibited uses are subject to the violations, complaints, and penalties sections in 18-1.6.080, 18-1.6.090, and 18-1.6.100. E. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City's overlays zones, please refer to part 18.3. F. Accessory Uses. Uses identified as "Permitted (P)" are permitted as primary uses and as accessory uses. For information on other uses that are customarily allowed as accessory, please refer to the description of the land use categories in part 18.6 Definitions. G. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. H. Temporary Uses. Temporary uses require a Conditional Use Permit under chapter 18.5.4; except as follows: 1. Short-Term Events. The Staff Advisor may approve through Ministerial review short-term temporary uses occurring once in a calendar year and lasting not more than 72 hours including set up and take down. Activities such as races, parades, and festivals that occur on public property (e.g., street right-of-way, parks, sidewalks, or other public grounds) require a Special Event Permit pursuant to AMC 13.03. 2. Garage Sales. Garage sales shall have a duration of not more than two days and shall not occur more than twice within any 365-day period. Such activity shall not be accompanied by any off- premises advertisement. For the purpose of this ordinance, garage sales meeting the requirements of this subsection shall not be considered a commercial activity. 3. Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar structure may be permitted for a period not to exceed 90 calendar days upon the granting of a permit by the Building Official. Such occupancy may only be allowed in conjunction with construction on Ordinance No. Page 3 of 28 the site. Said permit shall not be renewable within a six-month period beginning at the first date of issuance, except with approval of the Staff Advisor. 1. Disclaimer. Property owners are responsible for verifying whether a proposed use or development meets the applicable standards of this ordinance. Ordinance No. Page 4 of 28 Table 18.2.2.030 - Uses Allowed by Zone _ C-1 R-1 R-1 R-2 R-3 RR WR & -1 E-1 M- Special Use 3.5 1-13 1 Standards A. Agricultural Uses' Agriculture ^^~'d Farm Us except Keeping Animal sales, feed of Bees, Livestock and Micro-Livestock, yards, keeping of Homegrown Marijuana Cultivation, and P P P P P P N N N swine, commercial Marijuana Production compost, or similar uses not allowed Coe Lle...,'.,...,f Keeping of Bees S S S S S S S N N N and LaveStOGk and Keeping of Livestock S N N N S S N N N Bees standards - Sec. 18.2.3.160 Keeping of Micro-Livestock S S S S S S N N N Sec. 18.2.3.190 Marijuana Cultivation, Homegrown S S S S S S S S S See General Industrial, Marijuana Production B. Residential Uses See Single-Family standards in Sec. 18.2.5.090 Sec. 18.2.3.130 for C-1 zone and E-1 Single-Family Dwelling P P P P P P S S N zone Dwellings and additions in Historic District Overlay, see Sec. 18.2.3.120 and 18.2.5.070 Accessory Residential Unit S S S S S N N N N Sec. 18.2.3.040 Duplex Dwelling S P P P N N S S N Sec. 18.2.3.110 _ Duplex Dwellin Sec. 18.2.3.170 and Manufactured Home on Individual Lot S S S S N N N N N not allowed in Historic District Overlay Manufactured Housing Development N S CU+S N N N N N N Sec. 18.2.3.180 Sec. 18.2.3.130 for C-1 zone and E-1 zone Multifamily Dwelling N P P P N N S S N Dwellings and additions in Historic District Overlay, see Sec. 18.2.3.120 and KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 5 of 28 Table 18.2.2.030 - Uses Allowed by Zone R-1- C-1 M- Special Use R-1 3.5 R-2 R-3 RR WR & CD- E-1 1 Standards 18.2.5.070 B. Residential Uses (continued) Rental Dwelling Unit Conversion to For- N N S S N N N N N Sec. 18.2.3.200 Purchase Housing Home Occupation S S S S S S S S N Sec. 18.2.3.150 C. Group Living See chapter 18.3.3 Nursing Homes, Convalescent Homes CU CU CU CU CU CU N N N Health Care Services _ Subject to State Residential Care Home P P P P P P N N N licensing requirements Subject to State Residential Care Facility CU P P P CU CU N N N licensing requirements Room and Boarding Facility N P P P N N N N N D. Public and Institutional Uses Airport See chapter 18.3.7 Airport Overlay Cemetery, Mausoleum, Columbarium N N N N CU N N N N Family Child Care Home exempt from planning application procedure pursuant to ORS 329A.440, Child Care Facility CU CU CU CU CU CU P P P see part 18.6 for definition Subject to State licensing requirements Club Lodge, Fraternal Organization CU CU CU CU CU CU P CU CU Community Service, includes Governmental Offices and Emergency Services (e.g., CU CU N N CU CU P P P Police, Fire ; excluding Outdoor Storage Electrical Substation N N N N N N CU CU P See chapter 18.3.3 Hospitals CU CU CU CU CU N N N N Health Care Services D. Public and Institutional Uses (continued)3 Governmental Offices and Emergency CU CU N N CU CU P P P Services (e. g., Police, Fire ; excluding 2 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. 3 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 6 of 28 Table 18.2.2.030 - Uses Allowed by Zone R-1 R-1 R-2 R-3 RR WR & -1 E-1 M- Special Use 3.5 1-D 1 Standards Outdoor Storage Mortuary, Crematorium N N N N CU N P P P Public Park, Open Space, and Recreational Facility, including playgrounds, trails, nature P P P P P P N N N preserves, athletic fields, courts, swim pools, similar uses Public Parking Facility N N N N N N P N N Public Works/Utilities Storage Yard; includes vehicle and equipment, N N N N N N N P P maintenance, repair _ Not allowed Recycling Depot N N N N N N N P P within 200 ft of a residential zone -i Religious Institution, Houses of Worship CU CU CU CU CU CU CU CU CU School, Private (Kindergarten and up) CU CU CU CU CU CU N N N School, Public (Kindergarten and up) P P P P P CU N N N School, Private Collegelfradelfechnical N N N N N N N CU P School Utility and Service Building, Yard and Structure, Public and Quasi-Public, CU CU N N CU CU P P P Yards not allowed excluding underground utilities and electrical in the C-1 zone substations P/ P/ P1 Wireless Communication Facility CU CU CU CU CU CU or or or Sec. 18.4.10 CU CU CU E. Commercial Uses _ I Amusement/Entertainment, includes theater, concert hall, bowling alley, N N N N N N P CU P miniature golf, arcade; excluding drive-up uses Sec. 18.2.3.050 In C-1 zone, fuel Automotive and Truck Repair, or Service; sales and service includes fueling station, car wash, tire sales S limited to Freeway and repair/replacement, painting, and other N N N N N N CUr or P Overlay, see chapter repair for automobiles, motorcycles, aircraft, CU 18.3.8 boats, RVs, trucks, etc. In E-1 zone, fuel sales requires CU permit E. Commercial Uses (continued)4 Automotive Sales and Rental, except within Except not allowed the Historic Interest Area; includes N N N N N N CU CU P within Historic motorcycles, boats, RVs, and trucks District Overlay Bakery, except as classified as Food N N N N N N P P P 4 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 7 of 28 Table 18.2.2.030 - Uses Allowed by Zone R-1 R-1 R-2 R-3 RR WR & C- E-1 M- Special Use 3.5 1-p 1 Standards Processing Commercial Laundry, Cleaning, and Dyeing N N N N N N S S P Sec. 18.2.3.080 Establishment Commercial Recreation, includes country club, golf course, swimming club, and tennis club; excluding intensive uses such as CU CU N N CU CU N N N driving range, race track, or amusement ark In R-2 zone, uses limited to personal and professional services, except see Sec. 18.2.3.210 for retail uses allowed in Railroad Historic District Commercial Retail Sales and Services, N N CU+S N N N P S S In E-1 zone, Retail except Outdoor Sales and Services limited to 20,000 sq ft of gross leasable floor space per lot. In M-1 zone, uses limited to serving persons working in zone See Marijuana Retail Sales Per Sec. 18.2.3.100, Drive-Up uses are limited to area east Drive-Up Use N N N N N N S N of Ashland St at intersection of Ashland St/Siskiyou _ Blvd *In C-1 zone, requires annual Type I review for at least the first three years, after which Hostel N N CU CU N N CU* N N time the Planning Commission may approve a permanent facility through the Type II procedure E. Commercial Uses (continued)5 Hotel (See also Hostel and Traveler's N N N N N N CU CU P Accommodation Kennel (See also Veterinary Clinic) N N N N N N S S CU No animals kept 5 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 8 of 28 Table 18.2.2.030 -Uses Allowed by Zone R-1- C-1 M- Special Use R-1 3.5 R-2 R-3 RR WR & CD- E-1 1 Standards outside within 200 feet of a residential zone _ Sec. 18.2.2.210 for Limited Retail Uses in Railroad Historic Retail Uses Allowed District N CU CU CU N N N N N in Railroad Historic District Lumber Yard and Similar Sales of Building or Contracting Supplies, or Heavy N N N N N N N CU P Equipment n - SPA 182319 Per Sec. 18.2.3.190, marijuana retail sales are limited Medical Marijuana Dispensary-Retail N N N N N N S or or S, to the C-1 and E-1 Sales, includes sale of medical and CU N CU zones and recreational marijuana located on a boulevard or 200 feet or more from any residential zone, see Sec 18.2.3.190 Not allowed within Nightclub, Bar N N N N N N S CU P the Historic District Overlay unless located in C-1-D Office (See also Commercial Services) N N CU CU N N P P P Outdoor Storage of Commodities or N N N N N N CU CU P Equipment associated with an allowed use Plant Nursery, Wholesale exce t N N CU CU N N N N N Marijuana Production _ Self-Service Storage, Commercial (Mini- N N N N N N N CU P Warehouse Traveler's Accommodation (See also N N CU+S CU+S N N N N N Sec. 18.2.3.220 Hostels and Hotels Veterinary Clinic N N N N N N P P P F. Industrial and Employment Uses In the E-1 zone, Cabinet, Carpentry, and Machine Shop, and Sl uses within 200 related Sales, Services, and Repairs N N N N N N N or P feet of a CU residential zone re uire CU permit Commercial Excavation and Removal of Sand, Gravel, Stone, Loam, Dirty or Other N N N N CU+S N N N N Sec. 18.2.3.070 Earth Products Ordinance No. Page 9 of 28 Table 18.2.2.030 - Uses Allowed by Zone R-1- C-1 M- Special Use R-1 3.5 R-2 R-3 RR WR & CD- E-1 1 Standards F. Industrial and Employment Uses (continued) 6 Concrete or Asphalt Batch Plant N N N N N N N N CU Dwelling for a caretaker or watchman N N N N N N N CU CU In the C-1 zone, manufacture or assembly of items sold is a permitted use, provided such manufacturing or Food Products assembly Manufacture/Processing/Preserving, N N N N N N S S P occupies 600 including canning, bottling, freezing, drying, square feet or and similar processing and preserving. less, and is contiguous to the permitted retail outlet In the E-1 zone, See Sec. _ 18.2.3.140 In E-1 and M-1 zones, marijuana laboratory, processing, and production are Manufacture, General, includes Mariiuana P P N N N N N N N or or subject to the Laboratory, Processing, and Production S S special use standards in Sec. 18.2.3.190 See Mariiuana Cultivation, Home rown Requires assembly, fabricating, or packaging of products from previously Manufacture, Light; excluding saw, planning prepared or lumber mills, or molding plants. N N N N N N S P P materials such as cloth, plastic, paper, cotton, or wood In the C-1 zone, manufacture or assembly of items 6 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 10 of 28 Table 18.2.2.030 -Uses Allowed by Zone R-1- C-1 M- Special Use R-1 3.5 R-2 R-3 RR WR & CD- E-1 1 Standards sold in a permitted use, provided such manufacturing or assembly occupies 600 square feet or less, and is contiguous to the permitted retail outlet Outdoor Storage of Commodities or N N N N N N CU CU P Equipment associated with an allowed use Television and Radio Broadcasting Studio N N N N N N N P P Deliveries and shipments limited to 7AM- 9PM within 200 feet of an residential zone limited to 9PM- Wholesale Storage and Distribution, N N N N N N N 14S PS 7AM includes Marijuana Wholesale - - In E-1 and M-1 zones, marijuana wholesale is subject to the special use standards in Sec. 18.2.3.190 F. Industrial and Employment Uses (continued) Wrecking, Demolition, and Junk Yards N N N N N N N N CU G. Other Uses Allowed from Temporary Tree Sales N N N N N N P N N November 1 to January 1 Temporary Use CU, except uses lasting less than 72 hours are subject to Ministerial review, per Sec. 18.2.2.030.1-1 SECTION 2. Chapter 18.2.3 [Special Use Standards-Home Occupation] of the Ashland Land Use Ordinance is hereby amended to read as follows: 7 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 11 of 28 18.2.3.150 Home Occupation A. Purpose and Intent. The purpose of this section is to encourage those who are engaged in small commercial ventures which could not necessarily be sustained if it were necessary to lease commercial quarters or which, by the nature of the venture are appropriate in scale and impact to be operated within a residence. Home occupations are recognized for their contribution in reducing the number of vehicle trips often generated by conventional businesses. It is the intent of this chapter that home occupations not infringe upon the right of neighboring residents to enjoy the peaceful and safe occupancy of their homes. B. Conduct of Home Occupation - Standards. Home occupations are permitted pursuant to the following standards. Where a home occupation use does not comply with one or more of the following requirements, the Staff Advisor may find the subject use is no longer permitted. 1. Appearance of Residence. a. The home occupation shall be restricted to the dwelling unit, accessory structure, or yard area not visible from the public right-of-way and be conducted in such a manner as not to give an outward appearance of a business. b. The home occupation shall not result in any structural alterations or additions to the dwelling or accessory structure that will change its primary use. c. No display of products and or equipment produced or used by the home occupation may be displayed so as to be visible from outside the dwelling or accessory structure. 2. Storage. a. Outside storage, visible from the public right-of-way, or adjacent properties, is prohibited. b. On-site storage of hazardous materials (including toxic, explosive, noxious, combustible or flammable) beyond that normally incidental to residential use is prohibited. c. Storage of inventory or products and all other equipment, fixtures, and activities associated with the home occupation shall be allowed in the dwelling or accessory structure. 3. Employees. a. Other than family members residing within the dwelling located on the home occupation site, there shall be no more than one full time equivalent employee, and no more than one employee at any given time. As used in this chapter, the term "home occupation site" means the lot on which the home occupation is conducted. b. Additional individuals may be employed by or associated with the home occupation, so long as they do not report to work at the home. c. The home occupation site shall not be routinely used as a headquarters for the assembly of employees for instruction or other purposes, including dispatch to other locations. 4. Advertising and Si ng ale. No signs shall be permitted on a home occupation site. 5. Automobiles, Parking, and Traffic. a. One commercial automobile associated with the home occupation is allowed at the home occupation site. Such automobile shall be of a size that would not overhang into the public right-of-way when parked in the driveway or other location on the home occupation site. b. There shall be no excessive commercial vehicle deliveries from or to the home occupation site. Excessive deliveries are defined as more than three per day, during the hours of 7 a.m. to 7 p.m. There shall be no commercial vehicle deliveries during the hours of 7 p.m. to 7 a.m. c. There shall be no more than one client or customer's automobile at any one time and no more than eight per day at the home occupation site. 6. Clients or customers are permitted at the home occupation from 7 a.m. to 7 p.m. only. Ordinance No. Page 12 of 28 C. Prohibited Uses. The following uses are prohibited as home occupations. I . Any activity that produces radio or television interference, noise, glare, vibration, smoke, or odor beyond allowable levels as determined by local, state, or federal standards. 2. Any activity involving on-site retail sales, except as allowed in the Historic District Overlay or items that are incidental to the occupational use, such as the sale of beauty products from salons, lesson books or sheet music for music teachers, or computer software for computer consultants. 3. Any of the following uses, and uses with similar objectionable impacts because of automobile traffic, noise, glare, odor, dust, smoke, or vibration. a. Ambulance service. b. Ammunition or firearm sales. c. Ammunition reloading business. d. Animal hospital, veterinary services, kennels, or animal boarding. e. Auto and other vehicle repair, including auto painting. f. Repair, reconditioning or storage of motorized vehicles, boats, recreational vehicles, or large equipment on-site. g Medical marijuana dispensa , Marijuana-related business. D. Permit Required - Application 1. No person shall conduct a home occupation without first obtaining a home occupation permit from the Planning Department and a valid business license as required under AMC title 6. 2. The home occupation permit shall include such information as is necessary to determine the location and type of business, and the manner in which it will be conducted. If the Staff Advisor finds that the proposed home occupation complies with the requirements of this chapter, the Staff Advisor shall issue a permit. 3. The home occupation permit is valid only to the person named on the permit and for the business to be conducted at the location stated on the permit. The permit is not transferable to another location or to another applicant. 4. Issuance of a home occupation permit under this chapter shall not relieve the applicant from the duty and responsibility to comply with all other rules, regulations, ordinances, or other laws governing the use of the premises and structures thereon, including, but not limited to, the specialty codes defined in AMC 15.04, the fire code standards defined in AMC 15.28, or any private restrictions relative to the property. 5. The Staff Advisor may visit and inspect the site of a home occupation permitted in this chapter periodically to insure compliance with all regulations and conditions to which the permit is subject, during normal business hours, and with reasonable notice. SECTION 3. Chapter 18.2.3 [Special Use Standards-Medical Marijuana Dispensary] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.2.3.190 Marijuana-Related Uses. A. Homegrown Marijuana Cultivation. Where homegrown marijuana cultivation is allowed, it shall meet all of the following requirements. See definition of homegrown marijuana cultivation in part 18-6. 1. Primary Residence. The resident grower must live on the property where the cultivation of homegrown marijuana is located and that same property must be the primary residence of the resident grower. Ordinance No. Page 13 of 28 2. Related Activities. Any drying, keeping, storage, or processing of homegrown marijuana shall be located within the dwelling unit or an accessory structure and shall not be located outdoors. 3. Homegrown marijuana cultivation and any related activities must meet all applicable Oregon Revised Statutes and Oregon Administrative Rules. 4. Outdoor Cultivation. Up to four marijuana plants per lot are allowed to be grown outdoors. Outdoor homegrown marijuana cultivation shall meet all of the following requirements. a. Locate marijuana plants so the plants are not visible from a public place, public street or any area that the general public has access (e.g., schools, playgrounds, parks, commonly-owned open space, pedestrian and bicycle paths and trails). Marijuana plants shall not be located in a front yard. b. Screen marijuana plants to limit view and access from adjacent residential properties with a solid wood fence or masonry wall. Any access points to the cultivation area must be secured at all times to prevent unauthorized access. For fence and wall design requirements, see section 18.4.4.060. c. Dimensional Standards. Mariiuana plants grown in outdoor cultivation areas shall meet all of the following dimensional standards including Table 18.2.3.190.c. L Locate cultivation area closer to the primary residence of the resident grower than to dwellings on adjoining properties or to dwellings in the same multifamily development. ii. Marijuana plants may be located in one cultivation area or in separate cultivation areas throughout a yard. Table 18.2.3.190.3.c Outdoor Cultivation Dimensional Standards for Homegrown Mariiuana Number of Maximum Maximum Minimum Setback from Minimum Setback from Mariiuana Plants Cultivation Area Mariiuana Plant Any Property Line Dwellings on Adjoining Allowed Height3 Properties 4 or fewer plants 50 square feet 10 Feet 10 feet 20 feet Contiguous lots under single ownership shall be considered one lot for the purpose of calculating the dimensional standards for homegrown marijuana. 2 All parts of a marijuana plants that are visible above the ground level shall be contained with the perimeter of the cultivation area. Where plants are located separately, the combined total of the individual cultivation areas shall not exceed the maximum cultivation area. 3Mariiuana plants shall not exceed ten feet in height from the top of the average surrounding grade. 4Mariiuana plants must also be located the setback distance from any multifamily dwelling unit within a multifamily development. d. Multi-Family Development. Homegrown marijuana may be cultivated outdoors on a lot containing multi-family dwellings in conformance with the requirements of subsection 18.2.3.190.A and provided all of the following requirements are met. L The property owner provides written notification to all residents of the development and to the City that verifies the cultivation of marijuana plants will comply with the requirements of subsection 18.2.3.190.A. The written notification shall include the following information. 1. Property owner, property manager, or home owner association representative contact information including the name, address, and phone number(s). Ordinance No. Page 14 of 28 2. Contact information for an onsite resident designated as the primary responsible party for the marijuana plants and maintenance. Contact information shall include the name, address, and phone number of the responsible party. 3. The City requirements for the outdoor cultivation of marijuana including the maximum number of plants per lot and the requirements of subsection 18.2.3.190.A. 5. Indoor Cultivation. a. Building Code. Any structure, accessory structure, electrical service, plumbing, or mechanical equipment (e.g., lighting, fans, heating and cooling systems) associated with marijuana cultivation shall satisfy the Building Code requirements and obtain all required building permits prior to installation. See section 18.2.5.040 Accessory Buildings and Structures. b. Light and Glare. Shield lighting systems and use window coverings to confine light and glare from light systems associated with indoor cultivation to the interior of the structure. c. No dwelling unit shall be used primarily as a place to cultivate marijuana. Vacant or uninhabited dwelling units shall not be used for marijuana cultivation. B. Marijuana-Related Businesses. 1. Marijuana-related businesses may require Site Design Review under chapter 18.5.2 or a Conditional Use Permit under chapter 18.5.4. See Table 18.2.2.030 - Uses Allowed by Zone for zones where marijuana-related businesses are allowed. See definition of marijuana- related businesses in part 18.6. Marijuana-related businesses shall meet all of the following requirements. a. The business must be located in a permanent building and may not locate in a trailer, cargo container, or motor vehicle. Outdoor marijuana production, cultivation, and storage of merchandise, raw materials, or other material associated with the business are prohibited. b. Any modifications to the subject site or exterior of a building housing the business must be consistent with the Site Design Use Standards, and obtain Site Design Review approval if required by section 18.5.2.020. Security bars or grates on windows and doors are prohibited. c. The business must provide for secure disposal of marijuana remnants or by-products; such remnants or by-products shall not be placed within the business' exterior refuse containers. d. Light and Glare. Shield lighting systems and use window coverings to confine light and glare from light systems associated with indoor cultivation so as to confine light and glare to the interior of the structure. Grow light systems within a greenhouse are prohibited. e. Building Code. Any structure, accessory structure, electrical service, plumbing, or mechanical equipment (e.g., lighting, fans, heating and cooling systems) associated with a business shall satisfy the Building Code requirements and obtain all required building permits prior to installation. f. Methodology for Measuring Separation Requirements. The following methodology shall be used for marijuana related- businesses that are required to be separated by a Ordinance No. Page 15 of 28 specific distance (i.e., marijuana production facility, marijuana wholesale facility, marijuana retail outlet). For the purposes of determining the distance between a marijuana related-business and another marijuana-related business, "within 1,000 feet" means a straight line measurement in a radius extending for 1,000 feet or less in every direction from the closest point anywhere on the premises of an approved marijuana related- business to the closest point anywhere on the premises of a proposed marijuana-related business of the same tvpe. If any portion of the premises of a proposed marijuana related-business is within 1,000 feet of an approved marijuana related business of the same type, it may not be approved. For the purpose of this section, premises is all public and private enclosed areas within a building at the location that are used in the business operation, including offices, kitchens, rest rooms, and storerooms. g. The property owner shall record a declaration which waives any claim or right to hold the City liable for damages they or a tenant may suffer from state or federal enforcement actions for activities the Citv permits as a result of its approval of the proposed use or development once such approval is granted. Furthermore, the owner and tenant agrees not to unreasonably disobey the City's order to halt or suspend business if state or federal authorities order or otherwise subiect the City to enforcement to comply with laws in contradiction to the continued operations of the business as permitted under section 18.2.3.190. h. A marijuana-related business must obtain an approved license or registration from the State of Oregon and meet all applicable Oregon Revised Statutes and Oregon Administrative Rules. 2. Marijuana Laboratories, Processing, Production, and Wholesale. In addition to the standards described in subsection 18.2.3.190.B.1, above, marijuana laboratories, processing, production, and wholesale shall meet the following requirements as applicable. See definition of marijuana processing and production in part 18.6. a. Marijuana laboratories, processing, production, and wholesale shall be located 200 feet or more from residential zones. b. Marijuana Production. i. Marijuana production shall be limited to 5,000 square feet of gross leasable floor area per lot. ii. A marijuana production facility shall be located more than 1,000 feet from another marijuana production facility. See subsection 18.2.3.190.B.1.f for methodology for measuring the required distance between marijuana related-businesses. c. Marijuana Wholesale. A marijuana wholesale facility shall be located more than 1,000 feet from another marijuana wholesale facility. See subsection 18.2.3.190.B.1.f for methodology for measuring the required distance between marijuana related- businesses. 3. Marijuana Retail Sales. In addition to the standards described above in subsection 18.2.3.190.B.1, marijuana retail sales shall meet the following requirements. See definition of marijuana retail sales in part 18.6. the following design standairds. Ordinance No. Page 16 of 28 1. The dispensary must be loeated on a propeftywith a boundary line adjaee"t to a boulevard, exeept that dispensaries are not permitted in the Downtown Design Standards zone. 2. The dispensary must be loeated in a permanent building and may not loeate in a trailer, eargo eontainer, or motorvehiele. Outdoor storage of merehandise, raw materials, or other material assoeiated with the dispensary is- prohibited. must be eonsistent with the Site Design Use Standards, and obtain Site Review approval if required by seetion 18.5.2.020. Seeurity bars or grates on windows and doors are prohibited, 4. The dispensary establishment must not have a drive u,, use. 5. The dispensary must provide Moir seeure disposal of ma nants or by produets; sueh remnants or by produets shall not be plaeed within the dispensary's exterior- refuse eontainers. • The dis is ir gistered the Oregon Health Authority under the vv».~ stem under nnc 475.300 nnc Orego 475.346, and meets the requirements of OAR Chapter 333 Divisio Medical B. Other- • , 18.2.3.190.A, ubje •t to a Conditional U D t l ehapter 18.5.4 and shill meet all of the following requirements. 1. The dispensary must be loeated 200 feet or more from a residential zone, exeept that dispensaries are not permitted in the Downtown Design Standards zone. 2. The dispensary must be loeated in a permanent building and may not loeate i trailer, eargo eontainer, or motor vehiele. Outdoor storage of merehandise, raw materials, other material assoeiated with the dispensary is prohibited. 3. Any modifleations to the subjeet site or exterior of a building housing the dispensary must be eonsistentwith the Site Design Use Standards, and obtain Site Review exterior approval if required- by seetion 18.5.2.020. Seeurity bars or grates on windows doors are prohibited, 4. The dispensary must not have a drive up use. 5. The dispensary must provide for seeure disposal of m anants or by- produets; sueh remnants or by produets shall not be vNved-within the dispensary's refuse eontainers. 6 .7 'th the n.-,.gon He lth Authority under the der the state of - _ The dispensary t Oregon's medien! mar~uana faeility registration system under ORS 475.300 ORS and meets the requirements of OAR Chapter- 333 Division 8 Medieid 475.346, ~ana F~GiIZClitie . a. Location. i Mariiuana retail sales are allowed if located on a property with a boundary line adjacent to a boulevard. ii Marijuana retail sales, except as allowed above in subsection 18.2.3.190.B.3.a.i, must be located 200 feet or more from a residential zone and are subject to a Conditional Use Permit under chapter 18.5.4 and shall meet all of the following requirements. iii Mariiuana retail sales are not permitted in the Downtown Design Standards Zones. iv. A marijuana retail sales outlet shall be located more than 1,000 feet from another Ordinance No. Page 17 of 28 marijuana retail sales outlet. Medical and recreational marijuana retail sales do not need to be separated by 1,000 feet if located tollether in one building if the confilluration meets all applicable Oregon Revised Statutes and Oregon Administrative Rules. No more than two registrations or licenses issued by the State of Oregon (e.g., a medical dispensary registration and a recreational sales license) may be located in one building. See subsection 18.2.3.190.B.1.f for methodology for measuring the required distance between marijuana related-businesses. b. Drive-up Use. The marijuana retail sales outlet must not include a drive-up use. SECTION 4. Chapter 18.2.5 [Standards for Residential Zones] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.2.5.040 Accessory Buildings and Structures Accessory buildings and structures shall comply with all requirements for the principal use, except where specifically modified by this ordinance, and shall comply with the following limitations:. A. Setback Yard Exceptions. See subsection 18.2.5.060.B.2. B. Guesthouse. A guesthouse may be maintained accessory to a single-family dwelling provided there are no kitchen cooking facilities in the guesthouse. C. Greenhouse or Hothouse. A greenhouse or hothouse may be maintained accessory to a dwelling in a residential zone. See section 18.2.3.190 for homegrown marijuana cultivation and production requirements. D. Livestock Structures. Except as provided for micro-livestock in subsection 18.2.5.040.E, below, barns, stables, and other structures shall be located a minimum of 50 feet from any property line, and structures housing large livestock shall be more than 100 feet from dwellings on adjoining properties. E. Micro-Livestock Enclosure. An enclosure housing micro-livestock may be maintained in a residential district, pursuant to section 18.2.3.160. Enclosures shall be constructed as follows: 1. The structure shall not be located in a required front yard. 2. The structures shall be setback a minimum of ten feet from abutting properties as illustrated in Figure 18.2.5.040.E.2. 3. The structures shall be at least 20 feet from dwellings on adjoining properties. Within a multifamily complex, structures must also be located at least 20 feet from any dwelling within the complex. 4. The structures shall not exceed six feet in height. 5. Chicken coops and rabbit hutches shall not exceed 40 square feet in area, or four square feet per animal, whichever is greater. 6. Chicken and rabbit runs, as enclosed outdoor structures, shall not exceed 100 square feet in area, or ten square feet per animal, whichever is greater. Ordinance No. Page 18 of 28 • ED 0,1 ffS4 Nr~ , 1 10 Figure 18.2.5.040.E.2 Micro-Livestock Enclosure/Minimum Setback to Property Line F. Rain Barrels. Rain barrels may be located within required side or rear yards provided such installation and operation is consistent with other provisions of this ordinance or the Ashland Municipal Code, and meet the all of the following requirements: 1. Rain barrels shall not exceed six feet in height. 2. Rain barrels shall be located so that a minimum clear width of three feet is provided and maintained between the barrel and property line. 3. Rain barrels shall be secured and installed on a sturdy and level foundation, or platform, designed to support the rain barrel's full weight. 4. Every attempt shall be made to place rain barrels so that they are screened from view of adjacent properties and public streets. SECTION 5 Chapter 18.3.2 [Croman Mill District] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.3.2.040 Allowed Uses A. Uses Allowed in Croman Mill Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to a conditional use permit. Where Table 18.3.2.040 does not list a specific use and part 18.6 does not define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040 Similar Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use are prohibited. 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. B. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2 Base Zones, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City's overlays zones, please refer to part 18.3. C. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. Ordinance No. Page 19 of 28 Table 18.3.2.040 - Croman Mill District Uses Allowed by Zone Croman Mill District Zones NC MU OE Cl OS A. Residential Residential Uses S S N N N Agricultural Uses, except Keeping of N N N N N Livestock Keeping of Bees, Micro-Livestock and N N N N N Livestock Marijuana Cultivation, Homegrown S S N N N Temporary Employee Housing N N S S N B. Commercial Stores, restaurants, and shops less than 3,000 sq. ft., excluding fuel sales, automobile sales P N N N N and repair Limited stores, restaurants, and shops, excluding fuel sales, automobile sales, and N S S S N repair, including marijuana retail sales Professional, financial, business, and medical N P P S N offices Administrative or research and development N P P P N establishments Child or day care centers P S S S N Fitness, recreations sports, gym or athletic club P N N N N Ancillary employee services (e.g., cafeteria, N S S S N fitness area) Kennels (indoor) and veterinary clinics N N S S N Motion picture, television or radio broadcasting N P P P N studios Temporary uses C C C C C C. Industrial Manufacturing, assembly, fabrication or packaging including manufacturing of food N P S P N products Limited manufacturing affiliated with a retail S N N N N use Marijuana laboratory, processing, and N S S S N production Rail freight loading dock facilities N N N P N Rail or rapid transit passenger facilities P P P P N Warehouse and similar storage facilities,. N S S S N including marijuana wholesale Limited outdoor storage N S S S N Wireless communication facilities attached to an existing structure pursuant to Sec. C C P P N 18.72.180 Freestanding wireless communication support C C C C N structures pursuant to Sec. 18.72.180 8Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. 9 Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment; Cl = Compatible Industrial, OS = Open Space. Ordinance No. Page 20 of 28 Table 18.3.2.040 - Croman Mill District Uses Allowed by Zone Croman Mill District Zones NC MU OE CI OS D. Public and Institutional Public service or community buildings with P C C C P office or space used directly by the public Public service or community buildings without C C C C C office or space used directly by the public Public and quasi public utility facilities S S S S S enclosed in a building Oregon Department of Transportation (ODOT) S N N N N maintenance facility and yard Private school, college, trade school, technical school or similar school C C C C N Electrical substations N N C C N 'Key: P = Permitted Uses, S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. ZZones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment; Cl = Compatible Industrial; OS = Open Space. D. Special Permitted 7Use Standards. The following uses and their aeeessory uses alre speeial permitted uses as listed in the Land Use Table and aire subject to the requirements of th section The uses listed as "Permitted with Special Use Standards (S)" in Table 18.3.2.040, above, are allowed provided they conform to the requirements of this section and the requirements of chapter 18.5.2 Site Design Review. 1. Residential Uses. Residential uses provided all of the following standards are met. a. The ground floor area shall be designated for permitted or special permitted uses, excluding residential. b. Residential densities shall not exceed the densities in section Dimensional Regulations. For the purposes of density calculations, units of less than 500 square feet of gross habitable floor area shall count as 0.75 of a unit. c. Residential uses shall execute a hold harmless covenant and agreement stating they shall not protest impacts from commercial and industrial uses within the district. 2 Marijuana Cultivation, Homelzrown. Subject to the standards in subsection 18.2.3.190.A. 23. Temporary Employee Housing. Residential units for use by persons employed within the facility and their families when all of the following standards are met. a. Employee housing densities shall not exceed two units per acre. For the purposes of density calculations, units of less than 500 square feet of gross habitable floor area shall count as 0.75 of a unit. b. The employee housing shall be in conjunction with a permitted or special permitted use on the property. c. Units shall be restricted by covenant to be occupied by persons employed by a business operating on the property. Stores, restaurants, and shops less than 3,000 sq. ft., excluding fuel sales, automobile sales and repair, includinll marijuana retail sales 34. Limited Commercial Services and Retail. Stores, restaurants, shops, child/day care facilities, and ancillary employee services, when all of the following standards are met. a. In the CI,MU, and OE zones, a maximum of 15 percent of the gross floor area in a building may be used for any or a combination of the following special permitted uses when the Ordinance No. Page 21 of 28 standards in this section are met: limited stores, restaurants, and shops; child or day care facilities; and ancillary employee services. b. Limited Stores', Restaurants and Shops. In the MU zone, the floor area shall be limited to retail uses in conjunction with a permitted use. c. Child or Day Care Facilities. Primary program activities are integrated into the interior of the building. d. Ancillary Employee Seri~ices. Developments may include ancillary employee services such as cafeterias, fitness areas, or other supportive services generally intended to support the needs of employees when the following standards are met. i. The use is integrated into the interior of the building. ii. The ancillary employee services shall be in conjunction with a permitted or special permitted use on the property. e Marijuana Retail Sales. Marijuana retail sales are subject to the standards a-d in subsection 18.3.2.040.D.4, above, and the standards for mariiuana-related businesses in subsection 18.2.3.190.B. 45. Professional Financial, Business and Medical Offices in CI Zone. Developments in the CI zone may include ancillary office uses to support the operations of a permitted use on-site provided the maximum floor area dedicated for office uses shall not exceed 50 percent of the ground floor area. 56. Kennels. Kennels when all of the following standards are met. a. Kennels shall be located at least 200 feet from the nearest residential dwelling. b. All animals shall be boarded within a building at all times. c. No noise or odor shall emanate outside the walls of the building used as a kennel. d. A disposal management plan shall be provided demonstrating all animal waste will be disposed of in a sanitary manner. 67. Manufacture Assembly. Fabrication and Packaging in OE Zone. Developments in the OE zone may include ancillary manufacturing, assembly, fabrication, and packaging uses to support the operations of a permitted or special permitted use on-site when all of the following standards are met. a. The maximum floor area dedicated to manufacturing, assembly, fabrication, and packaging shall be 50 percent of the ground floor area. b. No outside space shall be used for the manufacturing, assembly, fabrication, and packaging processes. 78. Limited Manufacturin{, Affiliated with a Retail Use. Manufacturing, assembly, fabrication, or packaging contiguous to and associated with a retail space, provided the maximum floor area dedicated to manufacturing occupies 1,000 square feet, or ten percent of ground floor area, whichever is less. 9. Marijuana Laboratory, ProcessinI4, and Production. a Marijuana laboratory, processinI4, and production are subject to the standards for marijuana-related businesses in subsection 18.2.3.190.B. b In the OE zone, marijuana laboratory, processing, and production are subject to subsection 18.3.2.040.D.7, above. 810.Warehouse and Similar Storage Facilities. Warehouse and similar storage facilities when all of the following standards are met. a. The maximum floor area dedicated for use as warehouse or similar storage uses in the OE and MU zones shall be 50 percent of the ground floor area. Ordinance No. Page 22 of 28 b. Warehouse and storage facilities shall be provided only in conjunction with, and for the exclusive use by, a permitted or special permitted use on the property. c. Self-service mini-warehouses are prohibited. d. No outside space shall be used for storage, unless approved as a limited outdoor storage area. e Marijuana Wholesale. Marijuana wholesale storage is subject to the standards a-d in subsection 18.3.2.040.D.10, above, and the standards for marijuana-related businesses in subsection 18.2.3.190.B. 91I.Limited Outdoor Storage. Limited outdoor storage associated with a permitted or special permitted use when all of the following standards are met. a. The maximum area dedicated to outdoor storage shall be 1,000 sq. ft. in the OE and MU zone; and 2,500 sq. ft. in the C1 zone, or 50 percent of the ground floor area of the building housing the associated permitted or special permitted use, whichever is greater. b. The outdoor storage shall be located behind or on the side of buildings, and shall be located so the outdoor storage is the least visible from the street that is reasonable given the layout of the site. c. The outdoor storage shall be screened from view by placement of a solid wood or metal fence, or a masonry wall from five to eight feet in height. d. The associated permitted use shall obtain a minimum of 50 percent of the employment density targets for the Croman Mill District. 4012.Public and Quasi-Public Utility Service Buildings. Public and quasi-public utility service buildings when all of the following standards are met. a. Facilities and structures that are accessory to a public park in the OS zone, including but not limited to maintenance equipment storage, enclosed picnic facilities, and restrooms. b. Public and quasi-public utility service building relating to receiving and transmitting antennas and communication towers are subject to the applicable provisions of 18.4.10. c. Public and quasi-public utility service building shall demonstrate all of the following. i. The need for the facility, present or future; and how the facility fits into the utility's master plan. ii. The facility utilizes the minimum area required for the present and anticipated expansion. iii. Compatibility of the facility with existing surrounding uses and uses allowed by the plan designation. 4413.Ore on Department of Transportation Maintenance Facility and Storage Yard. For the Oregon Department of Transportation Ashland maintenance facility and storage yard located on property within the NC zone, all the following shall apply. a. Buildings may be enlarged or replaced subject to Basic Site Review Standards. b. Are exempt from the Dimensional Regulations per 18.3.2.050 with the exception of minimum side and rear yard setbacks abutting a residential district and maximum height. c. Are exempt from the requirements of part 18.4 Site Development and Design Standards, and the requirements of 18.3.2.060 Croman Mill District Site Development and Design Standards. SECTION 6 Chapter 18.3.3 [Health Care Service District] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.3.3.030 Permitted Uses The following uses and their accessory uses are permitted outright. Ordinance No. Page 23 of 28 A. Residential and agricultural uses, subject to the requirements of the R-2 zone. B. Home occupations. C. Offices or clinics for a dentist or doctor or allied health care providers, including, but not limited to, nurse practitioner, midwives, dieticians, psychologists, opticians, physical and occupational therapists, substance abuse counselors, chiropractors, and wellness centers, including nutritional counseling, health maintenance, and rehabilitation services. D. Ambulance and paramedic service. E. Medical laboratories. F. Sales or rentals of durable medical goods. G. Congregate care facilities, assisted living facilities, residential care facilities, and nursing homes. H. Any use, located on City owned property, that is specifically allowed by the Ashland Community Hospital Master Facility Plan adopted by the City by ordinance. SECTION 7 Chapter 18.3.5 [North Mountain Neighborhood District] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.3.5.050 Allowed Uses A. Uses Allowed in North Mountain Neighborhood Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to a conditional use permit. Where Table 18.3.5.050 does not list a specific use and part 18.6 does not define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040 Similar Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use are prohibited. 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. B. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2 Base Zones, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City's overlays zones, please refer to part 183. C. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. Ordinance No. Page 24 of 28 Table 18.3.5.050 - North Mountain Neighborhood Uses Allowed by Zone' U North Mountain Neighborhood Zones NM-R-1-7.5 NM-R-1-5 NM-MF NM-C NM-Civic A. Residential Residential Uses, subject to density P P P P N requirements in Table 18.3.5.050 Accessory Residential Units S S N P N n ultural Uses P R P P S Home Occupations P P P P N Aqricultural Uses, except Keeping of P P P P S Livestock Keeping of Micro-Livestock and Bees S S S N S Keeping of Livestock N N N N N Marijuana Cultivation, Homegrown S S S S N B. Public and Institutional Uses Community Services N S N S P Parks and Open Spaces P P P P P Public Parking Lots N N N CU N Religious Institution, Houses of Worship N N N S N Utility and Service Building, Public and Quasi-Public, excluding outdoor storage N N N S N and electrical substations B. Commercial Neighborhood Clinics N N N P S N Neighborhood Oriented Retail Sales, and N N N 12S N Services, and Restaurants Offices, Professional N N N P S N p s-tac., a-n s IN N Al P ~ Temporary uses N N N CU N C. Industrial Manufacturing, Light N N N S N Key: P = Permitted Uses; S = Permitted with Special Use Standards, CU = Conditional Use Permit Required; N = Not Allowed. z Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment, Cl = Compatible Industrial, OS = Open Space. D. Special Permitted Use Standards. The foliowing uses and their aeeessofy-usts-are s-peeial permitted uses as listed in the Land Use Table and are subjeet to the The uses listed as "Permitted with Special Use Standards (S)" in Table 18.3.5.050, above, are allowed provided they conform to the requirements of this section and the requirements of chapter 18.5.2 Site Design Review. 1. Accessory Residential Units. a. Accessory residential units are not subject to the density requirements of the zone and are not included in the base density calculations. b. One accessory residential unit is allowed per lot, and the maximum number of dwelling units must not exceed two per lot. ° Key: P = Permitted Uses, S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. " Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment; CI = Compatible Industrial; OS = Open Space. Ordinance No. Page 25 of 28 c. The proposal must comply with the lot coverage and setback requirements of the underlying zone. d. The maximum gross habitable floor area (GHFA) of the accessory residential unit must not exceed 50 percent of the GHFA of the primary residence on the lot, and must not exceed 750 square feet GHFA, except that second story accessory residential units constructed above a detached accessory building must not exceed 500 square feet GHFA. e. Additional parking shall be provided in conformance with the off-street parking provisions for single-family dwellings in section 18.4.3.040. 2. Agricultural Uses. a. In the NM-Civic zone, agriculture may include community garden space. 3. Keeping of Micro-Livestock and Bees. Subject to the standards in section 18.2.3.160. 4. Marijuana Cultivation, Homegrown. Subject to the standards in subsection 18.2.3.190.A. 3. Community Services. a. In the NM-R-1-5 zone, each building maybe up to a maximum of 2,500 square feet of gross floor area. b. In the NM-C zone, each building may be up to a maximum of 3,500 square feet of gross floor area. 4. Manufacturing, Li a. The light manufacturing use shall occupy 600 square feet or less. b. The light manufacturing use shall be contiguous to the permitted retail outlet that operates in conjunction with and sells the manufactured items produced by the light manufacturing use. 5. Neighborhood Clinics. Each building may be up to a maximum of 3,500 square feet of gross floor area. 6. Neighborhood Oriented Retail Sales,-a-ad Services, and Restaurants. Each building may be up to a maximum of 3,500 square feet of gross floor area. 7. Offices, Professional. Each building may be up to a maximum of 3,500 square feet of gross floor area. 8. Religious Institution Houses of Worship. The same use cannot be located on a contiguous property, and there must be no more than two such uses in a given zone. 9. Utility and Service Building Public and Quasi-Public. Each building may be up to a maximum of 3,500 square feet of gross floor area SECTION 8 Chapter 18.6.1 [Definitions] of the Ashland Land Use Ordinance is hereby amended to read as follows: Greenhouse A building or structure whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of fragile or out-of-season plants for personal enjoyment or for subsequent sale. Homegrown Marijuana Marijuana plants planted, cultivated, grown, and harvested by a person 21 years of age or older for personal consumption, whether for medical or non- medical purposes, or for a medical marijuana card holder. Medical marijuana grow Ordinance No. Page 26 of 28 sites located in residential zones shall be considered homelzrown marijuana for the purpose of this ordinance. Homellrown Marijuana Cultivation The cultivation of homegrown marijuana and related activities such as processinIz, keepinjz, or storalze of homey_rown marijuana. - Cultivation Area The area within which marijuana plants are 14rown on a lot. The cultivation area is the total of the individual areas of the marijuana plants at maturity. The individual area of a marijuana plant is calculated based on an imalzinary vertical line extending downward from the outermost tips of the marijuana plants branches to the ground. - Resident Grower. An individual enaaped in the cultivation of homegrown marijuana for personal consumption, whether for medical or non-medical purposes, or for a medical marijuana card holder. Marijuana The plant Cannabis, family Cannabaceae, or any part or seed of the plant. It does not included industrial hemp. - Medical Marijuana Mariiuana used to mitigate the symptoms or effects of a medical condition and regulated by the Oregon Medical Marijuana Act (ORS 475 300 - ORS 475 346) Grown and sold by registered persons and facilities with the Oregon Health Authority (OHA). - Recreational Marijuana Marijuana used for personal consumption by a person 21 years of age or older. Marijuana Plant Immature and mature plants of the plant Cannabis family Moracae. Marijuana-Related Businesses Marijuana-related businesses licensed by the Oregon Liquor Control Commission (OLCC) or registered by the Oregon Health Authority (OHA) Marijuana-related businesses are organized into the following catel4ories. - Laboratory. A laboratory that tests marijuana and marijuana items. - Processing Processing, compounding, or conversion of marijuana into cannabinoid products, concentrates, or extracts. - Production Planting, cultivating, growing, harvesting, or drying marijuana. Medical marijuana ¢row sites located in non-residential zones that do not meet the definition of Homegrown Marijuana shall be considered production for the purpose of this ordinance. - Retail A business that sells marijuana and marijuana products to the consumer. - Wholesale An operation that handles and distributes marijuana and marijuana products for the purpose of resale. under ORS 475.300 to 475.346 that dispense mar~uana pursuant to ORS 475.314. SECTION 9. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing Ordinance No. Page 27 of 28 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 10. 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 11. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 6-7) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. SECTION 12. Emergency. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. 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 28 of 28 w, Marijuana Wholesale and Production Nevada St Ir Eligible Locations - Draft _ ~s L 200ft Residential Buffer E-1 CM-CI ® M-1 CM-OE d. Feet 0 1,000 2,000 erd r e f r_ Ea n i 3 f J i a CD ICI - h Ashland S Y k f , t j kt. t` CITY OF ASHLAND Council Communication December 15, 2015, Business Meeting Recommendation from the Public Art Commission for Gateway Island Public Art FROM: Ann Seltzer, management analyst, seltzera~ashl and. or. us SUMMARY The Public Ail Commission (PAC) is pleased to forward the recommendation of the Selection Panel for public art on the Gateway Island and the selection of the sculpture "Gather." The recommendation is the culmination of a years-long selection process that included review of more than 60 responses to a request for artist qualifications and three finalist submissions. Margaret Garrington, chair of the Public Art Commission will present the recommendation. BACKGROUND AND POLICY IMPLICATIONS: The City of Ashland Public Art Master Plan calls for the installation of a major piece of public art in the Gateway Island, which is located in Siskiyou Boulevard between the Ashland Library and Fire Station One. The Public Arts Commission began setting aside money in 2008 in order to accumulate enough funding to pay for the project, and expects to have $100,000 available in 2016. This funding comes from transient occupancy tax, and its use is restricted by state law. At the City Council study session on November 30, the Public Art Commission presented a detailed report on the process used to arrive at a selection of public art for the Gateway Island. In her report, Margaret Garrington included a detailed timeline of the process, the development and adoption of the Public Art Master Plan, the development and adoption of AMC 2.29, how the Gateway RFQ was developed, public input outreach and results and the criteria used by the Selection Panel to make their decision on September 22, 2015. The process to for selecting public art is spelled out in the Ashland Municipal Code, chapter 2.29. • 2.29. 100 A. General. The Public Art Commission will call for entries by issuing a request for proposal, a request for qualification or by invitation. The call for entries will include specific guidelines and criteria for the specific project. Every call for entry must comply with the City's public contracting rules. • 2.29. 100 B. Selection Panel. A selection panel, separate from the Pubic Art Commission, consisting of art professionals and enthusiasts, residents near the proposed site, community members, and city administrators will be chosen to evaluate the proposals received from artists. A different selection panel shall be chosen for each project by the Commission. • 2.29. 100 C. Evaluation of Acquisition Proposals. Proposals which meet the minimum requirements set forth in the call for entries will be given to the Selection Panel for review. The proposals for acquisition shall be evaluated based upon criteria set forth in the call for entries at a public meeting. The Selection Panel will evaluate the proposals and make a recommendation to the Public Art Commission regarding which proposals to accept. The Page I of 2 1~, CITY OF -ASH LAN D Commission shall forward that recommendation to the City Council for final selection. This ordinance does not exclude land use approval processes when required for the use or structure. The Selection Panel evaluated the three artist concepts selected by the PAC to move forward in the process. The panel used criteria included in AMC 2.29.130 and criteria included in the Request for Qualifications. The panel agreed that Beeman's concept was too tall, the narrow leg design was not appropriate, and the overall piece was out of scale and proportion for the site. Further it did not provide interest at eye level and the concept was a variation on his previous work and not original to Ashland. The panel agreed that Stoller's piece was too small in scale for the site, is identical to his helix form in Carlsbad, CA with different iconography and therefore not original. The panel found Zoccola's piece with its bulk and height to be the most appropriate in scale for the site; it best articulates the space, it doesn't tell the viewer what to see but invites the viewers to think and to imagine what they see. It was noted that Zoccola's design approach is intuitive and site specific. Her design is original and unlike any of her previous work and the patina of the steel captures the palette of colors and texture of Ashland and respects the tonal architecture of the City. The panel unanimously chose Zoecola's "Gather". Selection Panel Gateway Notes. After Garrington completed her report and the council asked questions of the PAC, Mayor Stromberg asked for ideas on what the Council should base its decision on. As noted above, AMC 2.29 includes criteria that are to be used by the Public Arts Commission in making its recommendations for public art. The attached matrix includes these criteria and considerations for each one. The Council may find this a useful tool during its discussion and deliberation. If Council approves the recommendation, the City will enter into a professional services contract with the artist. The approved scope of services will require the artist to develop construction documents that include an approved structural engineering design which will be reviewed by the appropriate City staff prior to fabrication and installation. City staff review or consultant peer review of construction and engineering documents occur for every City construction project. COUNCIL GOALS SUPPORTED: 14. Encourage andlor develop public spaces that Intild community and promote interaction. FISCAL IMPLICATIONS: Transient Occupancy Tax allocated for public art is budgeted and available. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the Public Art Commission recommendation. SUGGESTED MOTION: I move approval of the recommendation of the Selection Panel and the Public Art Commission for the Gateway Island Art Project and direct staff to enter into a contract with the artist. ATTACHMENTS: 1. Factors and Considerations matrix 2. Zoccola's proposal for "Gather" 3. Letters in support 4. Letters in opposition Pace 2 of 2 ~r, Factors and Considerations in the decision on the Gateway public art project Decision Factors Considerations Ordinance criteria • Exceptional quality and enduring value. • Suitability to Gateway site in terms of scale, texture, materials, colors, existing architecture and landscaping and the site's historical, geographical and cultural features and current uses. • Permanence. Durability. Maintenance difficulty and cost. • Safety for public. • Enhancing diversity of Public Art collection (Interesting? Unpredictable? Unique?). Current public • Responses have been mixed: some just "liking"; some just "hating"; some response (including copying email blast templates; some opposed to any high-cost, non-local, non- Email responses) historical, non-representational, or non-Nature themed piece; some in favor due to historical resonance, quality, shape; some articulating other specific reasons for and against. • Hard to determine public preference from divided fervent opinions and large majority not expressing any opinion. Likely public • Hard to predict. response 10, 20, 50 . Many examples of public art disliked initially and later beloved (Eiffel Tower; years from now Vietnam War Memorial; Louvre's glass pyramid; Philadelphia "Love" statue; Redding Sundial Bridge; Seattle "Changing Form" sculpture). • Original art designed for the site is more likely to become iconic. Councilor personal • Councilors often rely on opinions of persons with specialized knowledge or opinion expertise, including members of City commissions. • Councilors are entrusted to exercise jud ment about public matters. Opinions of "experts" . The AMC Public Art selection process is designed to defer to the judgment of in public art "experts" • The makeup of the Selection Panel met the requirements in AMC and included experts in the field of visual arts. Deference to process • The Public Art selection process was followed per AMC and should be honored. • The Council can exercise its prerogative to override the recommendation. • If the AMC Public Art selection process is flawed, it should be adjusted by amending the Code for future projects - not by changing the outcome for a current project at the end of the process. • Getting more opinions about a piece of art does not assure higher artistic quality or greater public consensus and ma 'ust as well have the opposite effect. Preference for local • Local artists were invited to respond to the Request for Qualifications. In artists narrowing down the field of 63 respondents (3 from Ashland, 10 from Rogue Valley) on the basis of written responses, demonstrated artistry in 3-dimensional media, experience with large public art projects, and extensive reference checks, the top three finalists turned out to be non-local. • Limiting "bidders" to locals arbitrarily reduces competitive creativity, presumes locals cannot compete regionally, invites retaliation from other areas in their future public art projects, and violates public contracting rules for major projects. • The pool of local artists with experience in creating large, outdoor public art feces is small. 1 c o3 am 0-6 L0 0- a Lo II U ~ p O 0- N 0- < O c O O N D- D i<UvOi 1 yT ~ F J ca (n N t6 N Q -p cu i cu O Q a) >1 a) 0 3 O O UY x '0 N- Ca -O c c co a)L o U C CU CU CU a) .C p o o c E 1- 3 a) O s C p o o Q E c p 3 3 N Q f° E L X N N a O cu pacuaa)) car C °00Zo. 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O 0 3 co to C v (6 N - "-M O c op~~nN~F c N o o c o ~E ° o 6 m C } mE > smEEu mU~ya~ >Mo10- 3m O O N =Cn Q m E Q'~ ~•6)m p p c a?.E ~m a~ m~ 3 a~ E o= a) T= j a) F`-OF-LL N2UDmCO CO ~~(D-j CCD Uw c Z('~ •623 v)QUcn Suggested Lightin7gOjp~i n Susan Zoccola Artist Proposal City of Ashland, Gateway Sculpture September 2015 J 3~EL7 Ingr-ade o [IP68] IK10 c ~L us htrnanQs'" grlpgl]uW optlallaw' mlcro&u4gaa(cW The LS853LED is a full featured, shallow depth ingrade luminaire featuring lumen output and efficacy exceeding metal halide. This luminaire also features a universal input driver (120-277 V), and measures only 7.1 inches (180 mm) deep (in direct burial format). The ability to aim the luminaire ensures the most efficient light delivery can be set according to the site conditions. r j Specifications Lamp source 16 W or 20 W LED []White (4300 K typical) Warm white (2 900 K typical) ■ Blue (470 nm) Other colors by request ■ RGB (consult factory for full details) LS853LED Round Flush Cover UL classification Suitable for wet locations Lumen Maintenance 85,000 hrs @ 25 °C (20 W only) (1.70) 360,., Control Protocol 0_10V (optional, consult factory) RGB via DMX 20° 20° IP rating IP68 Construction 316 marine grade stainless steel ~a Installation types Pre-Installation Blockout Concrete pour, drive-over etc. Direct Burial Landscapes, planters etc. Drive-over With OptiClear'" lens and pre-installation blockout(LS6052-K orLS6052-K-SP) Static load rating 9260 lb (4200 kg) with OptiClearT" lens and pre- installation blockout (LS6052-K or LS6052-K-SP) Impact rating IK10 with OptiClearTM lens Standard inclusions Teflon coated cover screws MicroAntiLeachT" wire entry Thermal cutout Ambient operating 20W -22 °F to 122 °F (-30 °C to +50 °C) temperature 16 W -22 °F to 104 T (-30 °C to +40 °C) Surface temperature 113 OF (45 °C) Photometrics www.luniascape.com Any luminaire can become hot - take care with appropriate use and placement 1.S8531-ED Pre-Installation Blockout Ingrade VVhy Use LS6052-K Pre-Installation Blockout? Why Use LS6052-t:-SP Pre-Installation Blockout? The LS6052-K pre-installation kit (order separately) is a key aspect The LS6052-K-SP pre-installation kit (order separately) is ideal for use of Lumascape's approach to engineering high performance ingrade in applications where maximum flexibility for the type and location of product. The LS6052-K acts as a blockout, and is intended for branch circuit connections are required or where exact site conditions installation before the luminaire however it has other special functions. may be unknown. The LS6052-K-SP is also for use with all applications To simplify the installation, every LS6052-K is supplied complete with requiring a color changing or dimmable lighting scheme. For use with a 4-way, PVC junction box, inside which the installer can make all the LS6052-K-SP, Lumascape provides the LS853LED complete with necessary connections, and allows the completion of all wiring even 6.5' of factory-installed hookup wire and a 1/2" NPT adapter (complete before the luminaire arrives on site. This method also ensures the with a Microantileach seal). This provides the installer with greater luminaire itself is not damaged during concreting or other site works. flexibility to determine the type and location of the branch circuit Note: The junction box remains serviceable after installation. To connection. This option is also 100% hard-wired, and does not feature complete the installation, Lumascape provides an IP68 connector, the IP68 detachable couplings for off-site maintenance. All aspects of enabling a tool-free final connection from the luminiare to the branch the luminiare itself are still field serviceable. circuit. In addition, this connector is readily detachable, allowing for off-site maintenance. Connp( tion lype 85'for IS6052-K Pie-histall tier, Biockor€t Cc m,!c-t.rm lyp'a'82' for LS6052 K.-SP Pre-I stal.:3tion Blockout f I E IP68 Connector & Junction Box Single Conduit Entry 0.5 inch NPT The luminaire is fitted with an IP68 connector, which attaches For 0.5 inch conduit installation with MicroAntiLeach" directly to the cable supplied with LS6052-K, without the use of wire entry. any tools. The cable is 1.8 ft (0.56 m) in length, and is factory c/w 6.5 ft (2.0 m) hook-up wire. assembled with a 4 way junction box which remains field serviceable after installation. Not suitable for color changing or dimmable applications. Lens Opti ms Cover Options far Pre-Insta.li ion E:I.ockoul OptiClear" Glass Flush covers for pre-installation use special Glass of very high seals and support bushes to ensure static loads c up to 9 260 lb (4 200 kg) are properly supported. o. optical purity and load . Suitable for In order to achieve this drive over rating, strength OptiClear'" or GripGlass'" must be used. drive-over applications. GripGlass" 010.9 in (262 mm) OptiClear- glass with slip reduction glazing E process. Suitable for drive-over applications. ! - Pre-Installation Blockout Round Flush Cover Borosilicate Glass 07.5 in 1191 mm) SS316: Polished Brass: Polished Ideal for general use SS316: Brushed Brass: Brushed areas. Not suitable for drive-over application. I F ',8531_ ED Pre-Installation Blockout Ingrade Control Gear Cable Optical Body & Wire Supply Product Lamp Lens Cover Entry System Depth Entry Voltage Code Code Code Code Code Code Code Code Code LS853LED F-29-1 F (-I I LAMP i OPTICAL SYSTEM • Description Wattage Color Code Description Beam Code LED 16 W White 16W4 Adjustable Narrow 14° N 1" (4300 Ktyp.) Warm white Adjustable Narrow Medium 25° NM (2900K NP.) 16H6 Adjustable Medium 30° M Blue 1664 Adjustable Linear Horizontal 40°x20° LH 1470nm) Adjustable Linear Vertical 20°x40° LV LED 20W White 20W4 Not available for RGB. (4300 K typ.) NOTE: See beam orientation diagram. Warm white 20116 (2900 Ktyp.) BODY DEPTH Blue 2064 (470 nm) Description Depth Code RGB 2OM4 Suits pre-install kit 11.0 inches 29 (280 mm) NOTE: For other body depths consult factory. LENS Description Code WIRE ENTRY LOCATION OptiClear" Very high optical purity A r, Location Code and load strength Bottom O GripGlass'" OptiClear'" with slip reduction glazing G i" process SUPPLY VOLTAGE Borosilicate Ideal for general use Vottage Code l Glass areas ❑ 120V 60 Hz 4(1) ")Suitable for drive-over. 277V 60 Hz go) Not suitable for drive-over. 12 V 60 Hz or 12-24 V DC 13 In "1 Not available for RGB. COVER 121 For appropriate transformer sizing refer to page 54 - 55 of the Lumascape LEO catalog. Description Material Finish Code Round Flush Stainless Polished TK Cover steel Brushed Brass Polished Brushed t;i 1 ~I Ciri of 8L C ,-~S`% v f. L CONNECTION TYPE OR OR 40 Description Code LS6013 LS688 LS6012 Slatted lower Wall wash lens Cross hatch louver IP68 Connector & Junction Box lid Single Conduit Entry 0.5 inch NPT In Not suitable for color changing or dimmable applications. LS6052-K required - order separately. 17 LS6052-K-SP required - order separately. OR LS685 LS691 Linear spreader lens Prismatic lens LED Other accessory stacking options may be available - consult factory ' 0531 ED Direct Burial (r~qr"~c~e Why Use Direct Burial Direct burial installation is ideal for landscaping areas or in locations where the depth is restricted. This type of installation also allows for maximum heat dissipation. The stainless steel construction of the luminaire performs flawlessly in alkaline and acidic soil types, as well as chemically fertilized landscapes. Cable Entry Options for Direct Burial Lens Options _ OptiClear" Glass Glass of very high optical purity and load strength. 1 GripGlass" OptiClear" glass with slip reduction glazing process. Armored Cable MC & Splice Box Single Conduit Entry 0.5 inch NPT Armored cable 2 ft (0.6 m) provides protection For 0.5 inch conduit installation Borosilicate Glass against damage to cable between luminaire and with MicroAntiLeach'" wire entry. Ideal for general 4 way splice box (included). Allows for loop c/w 6.5 ft (2.0 m) hook-up wire. use areas and areas in/loop out and flexibility of luminaire placement. without pedestrian Not suitable for color changing or dimmable applications. traffic. Side located entry only. Cover Options for Direct Burial Use recessed cover for installation in soil, Use flush covers for installation in fine finished surfaces such as granite and grass, pavers and other uneven surfaces marble. They can also be used in some suspended applications. The flush cover where no cover overhang is desired. will conceal gaps between the luminaire and the surrounding surf ace. \4 Recessed Cover Round Flush Cover Square Flush Cover SS316: Polished SS316: Polished L SS316: Polished SS316:Brushed SS31 6: Brushed SS316:Brushed rfi Brass: Polished Brass: Polished Brass: Polished ~ c 0101 in (256 mm) 10.1 in 1256 mm) 09.5 in (240 mm) ~ 09.5 in (240m m) 09.5 in 1240 mml ~ I - ~ u U 7.0 in (178 mm 07.0 ins 078 mm)i 07.0 nor 078 mm L'I.8531_CD Direct Burial 1ngrad- Control Gear Cable Optical Body & Wire Supply Product Lamp Lens Cover Entry System Depth Entry Voltage Code Code Code Code Code Code Code Code Code LS853LED 28 LAMP OPTICAL SYSTEM Description Wattage Color Code Description Beam Code LED 16 W White 16W4 Adjustable Narrow 14° N (4300 K typ.) Warm white Adjustable Narrow Medium 25° NM (2900Ktyp) 16H6 Adjustable Medium 30° NL, Blue 1664 Adjustable Linear Horizontal 40° x 20° (470om) Adjustable Linear Vertical 20°x40° LED 20W White 20W4 Not available for RGB. (4300 Ktyp.) NOTE: See beam orientation diagram. Warm white 20H6 (2900 Ktyp.) BODY DEPTH Blue 2064 Description Depth Codel (470 nm) RGB 20M4 Direct burial 7.1 inches If 80mm) 28 NOTE: For other body depths consult factory. LENS WIRE ENTRY LOCATION Description Code Location Code OptiClear- Very high optical purity ❑ Side Fli and load strength Bottom GripGlass'" OptiClear- with slip reduction glazing G SUPPLY VOLTAGE process Voltage Code Borosilicate Ideal for general use Glass areas X 120 V 60 Hz 4 277 V 60 Hz 0 12 V 60 Hz or 12-24 V DC 13 COVER Not available for RGB. Description Material Finish Code For appropriate transformer sizing refer to page 54-55 Recessed Stainless Polished B of the Lumascape LED catalog. Cover steel Brushed H Brass Polished E Round Flush Stainless Polished PGJ Co ver steel Brushed Cj Grde- Oi E COSS Brass Polished Square Flush Stainless Polished MT External accessory Cover steel LS636 Use with recessed covers only Brushed Not suitable for use in traffic areas Brass Polished Brass grill 3 CONNECTION TYPE Description Cod OR 4 OR Armored Cable MC & Splice Box 81 N LS6013 LS688 LS6012 Single Conduit Entry 0.5 inch NPT 82 Slatted louver Wall wash lens Cross hatch louver ("Not suitable for color changing or dimmable applications. Side located wire entry only. OR }LS685 LS691 Linear spreader lens Prismatic lens L~ z Other accessory stacking options may be available - consult factory LS8531_ED Photometrics Ingrade Photmiletncs Photometric data is based on test results from an independent NIST traceable testing lab. IES data is available at www.lumascape.com. Note: No depreciation factor is applied to the data shown. Polar Candela Distribution Illuminance at a Distance LS853LED nw C 0° C IF C 30° C 45° C 60° C IF C 90- 171Y ft Center Beam fc Beam 0 4300 K 5sez 160° 90° 0 0 0 o a o 0 tsw 5 227.3 2 ft 100° 0 0 0 0 0 0 0 15 Beam Angle 1W 4262 _ 110° 0 0 0 0 0 0 0 10 56.8 4 ft Power Input 21 W 130° 720° 0 0 0 0 0 0 0 15 25.3 7 ft Lumens 1265 2841 120° 130° 7 5 5 4 4 6 7 140° 23 25 26 25 23 21 22 25 9.1 11 ft Efficacy 601mNV n0° 150° 155 148 146 144 145 145 162 30 6.3 13 ft P1To approximate warm white 1421 data, multiply by 0.84. Refer 160° 1001 987 961 953 961 964 956 40 3.6 18 ft web site for IES files for all 170° 3573 3543 3518 3498 3475 3475 3493 color temperatures. go, 50 2.3 22ft 180° 5682 5682 5682 5682 5682 5682 5682 ■ C-0° Polar Candela Distribution Illuminance at a Distance L.S853LED co° c1s° c3o° cas° cso° cis° c9o° na ft Center Beam fe Beam 0 4300 K 3832 160° 9(0 0 0 0 0 0 0 150° 5 153.3 3 ft 30 Beath ^,tigle ! 100° 0 0 0 0 0 0 0 140- 2874 110° 0 0 0 0 0 0 0 10 36.3 5 ft Power Input 21 W 130° 120° 0 0 0 0 0 0 0 15 17 8ft Lumens 1137 ; 1916 120° 130° 12 11 9 7 8 9 11 140° 43 46 50 52 52 48 43 25 6.1 13ft Efficacy 541rtyW t10, 150° 206 204 204 209 210 209 219 30 4.3 16 It n) To approximate warm white 958 data, multiply by 0.84. Refer toa 160° 881 874 853 849 865 897 923 40 2.4 21 ft web site for IES files for all 170° 2495 2463 2439 2435 2452 2489 2554 color temperatures. ` 90° 180° 3832 3832 3832 3832 3832 3832 3832 50 1.5 27 ft ■ C-0° Polar Candela Distribution Illuminance at a Distance L5853LE0 Center C o° C 15° C 30° C 45° C 60° C IF C 90° ft Beam W Beam L 4300 K 3510 170 60 90° 0 0 0 0 0 0 0 Beamfc r 150° 5 140.4 2 ft 4 ft k' 1 L c1 it tom 100° 0 0 0 0 0 0 0 Anclly 2633 110° 0 0 0 0 0 0 0 10 35.1 4ft 7ft 130° 120° 0 0 0 0 0 0 0 15 15.6 5ft lift Power Input 21 W j n55-120° 130° 10 9 8 8 13 21 28 .140° 20 21 26 44 82 132 138 25 5.6 9ft 18ft Lumens 1126 110' 150° 89 101 130 199 325 479 541 30 3.9 lift 22 ft Efficacy 541rrvW 878 100° 160° 565 593 697 888 1149 1477 1582 40 22 14ft 29 ft 01 To approximate warm white 170° 2073 2118 2252 2460 2714 2862 2905 data, multiply by 0.84. Refer eo^ ° 50 1.4 18 ft 36 ft web site for IES files for all C.~ p 180 3510 3510 3510 3510 3510 3510 3510 color temperatures. _ Beam alien>ations r Beam Orientation I Beam Orientation \ for the "LV optical for the "LM' optical \ system system c I Support for Gather Mayor and Council, I write this opinion piece as a professor emerita in the Creative Arts. I have taught art at the college level for over thirty years so I do not write this as a layperson but someone who has engaged in dialogue with persons innocent in the language of the visual arts. I am writing in support of having the sculpture "Gather" by Susan Zoccola set in the Gateway island. It is site specific. It brings together culture and nature in a different dynamic. It is thought provoking. It reaches out to an audience that is broader than a local population. It takes the dialogue about Art to another level. It requires a different mindset. Ashland is a particularly word conscious culture-defined in great part by the Oregon Shakespeare Festival and the eloquence of William Shakespeare. Fluency in the visual language, however, is not so keen nor straightforward. The words are not so easily defined. words such as "ugly", "beautiful", "abstract" are thrown about but are never defined. It is assumed they mean the same thing to every person. Not so. So let me speak in a more general manner when addressing art questions. Art functions at the "edge" and edges are always dynamic and fraught with friction. Look at the history of art and you will find that works we now treasure were vilified and scoffed at with the same vigor and apprehension I see happening at this moment with this sculpture and this city. It is easier to say "No" than it is to say "Yes" and naysayers always shout louder. People's first responses are visceral/emotional before they are conceptual/ intellectual. They are gut driven and while valid are not complete. No artwork exists in a vacuum. There are layers of meaning to be peeled back for a fuller understanding of a work over time. And always there is a mystery at its core, one that can be experienced by thoughtful engagement but not necessarily explained. A response should be more than a knee-jerk reaction of "I like it. I don't like it." Or it costs too much---in relation to what? Or my child could do that. Just glue together a few recycled things and we'll have a sculpture. When looking at Art, the first layer is a cultural context-when and for where has the work been produced? Why has it been created? What is the work's audience? Who has defined the elements of Ashland's "vibe"? People talk about it, but it as not been defined as far as I have been able to discern. "Gather" is titled to suggest that Ashland embraces and enfolds a variety of viewpoints, people, and cultures, not a parochial attitude. Its abstract form suggests multiple connections, not one small idea. It is meant to provoke dialogue. Dialogue only occurs when the viewer is open to experience the not- so- simple. A work of art is an object confined by its frame. The context of a museum or a gallery is a very different context than an outdoor space. This type of work is not constrained by walls, floor, and ceiling. It is open to the green landscape around it, the sky above it, and the movement by it. In order to exist in this type of environment, the work needs to bold, simple, and larger than the usual. It needs to be viewed from different angles and perspectives. It needs to be experienced 1 by those driving as well as those standing still. It needs to have interest at both these very different levels. The details can't be too fussy. It also requires skillful engineering and fabrication, safety considerations, and environmental concerns. It is not built in a day. The artist has spent at least a year refining and creating the proposal and model. It will take another year to have it constructed. This all costs money and time. Shouldn't an artist get paid as well as a plumber, chef, lawyer? Ashland is not an island. It is part of a state which is part of a region which relates to a coast. To think that an artist who lives outside the city's boundaries is somehow foreign, alien, and not worthy to be considered to create art for the city is absurd. Art lives in a much larger context than ``seven square miles". Art is more than pretty. It is an aspect of a person's education. It is part of the fabric of learning if we are to create a whole cloth of culture. Sincerely yours, Rochelle Newman, professor emerita 819 Pavilion Place Ashland, OR. Gateway Proposal of Susan Zoecola One of my favorite things to do in Ashland was to leaf through the Ashland Telephone Directory every year. Randomly scattered throughout the pages. are historic photographs of the city; a photo of the plaza with horse drawn carts mixed with turn of the century automobiles; a photo of the three story hotel and train depot long since demolished down on A Street. To the best of my knowledge, the oldest known photograph of Ashland is of the Ashland Mills building that stood at the current entrance to Lithia Park. That mill and others like it that ran sluices off from Ashland Creek were the power houses that created a sustainable economy and the foundation of the city. Those mills powered giant nineteenth century steel circular saws and massive millstones to grind wheat and corn. They all became worn and misshapen and oxidized and eventually obsolete. Eventually, the city decided to build a hydroelectric power station further up Ashland Creek in the twentieth century. While no longer part of our power source, the structure still exists and the copper windings of the electric generator are once again found in Susan's sculpture and still resemble the round millstones and waterwheels that were their generational predecessors. Susan Zoccola's proposed Gateway sculpture is not only an abstracted basket as she claims in her artist statement, but an historic and significant form from our city's founding to the present day. On the third page of her presentation package she shows a wonderful Shawn Bagshaw photograph of the City of Ashland in early fall colors with the layered hills behind it and a snow capped Mount Ashland in the distance. Her fourth page is a photograph of Ashland Creek taken at the first arched bridge in Lithia Park. Importantly, and instinctively, these two photographs allude to an even more important element of Ashland: the basic geology of its vast watershed and the raw geography that still defines it today. 2 On Thursday September 9t" between the noon presentations of the artist's proposals and the 5 o'clock session, I jammed on my hiking boots and grabbed a "Camelbak" full of water and hiked from the Library through Lithia Park and up the newly improved Bandersnateh Trail. My destination was the woods above the intersection of Morton Street and Ashland Loop Road. There, where the pavement turns to dirt, is a collection of amazing large free standing granite boulders, some as big as a school bus. These glacial erratic stones are the artifacts of our geological history sitting high above our town on both remote and inhabited hilltops. These smooth and rounded stones are perfectly represented in the form of Susan's essentially ovoid and slightly vertical sculpture. With a single intuitive gesture, Susan Zoccola has captured the dynamic and static nature of Ashland, from its geological past to the the woven basket technology of the First Americans and eventually through the industrial age and finally up to today with our interconnected social networks and community. There are two other points to make about Susan's proposal. One is her intention to apply a fired patina to the steel to "warm up" the object. Once again Susan has pulled from an intuitive understanding of the tonal nature of the architectural environment. Ashland is a city of brick and stone and plaster and painted wood and stucco. For example, one of the closest buildings to the gateway project is the recently built fire station, a building of clear contemporary sensibility. Yet the materials are primarily traditional red brick. This sensitivity to the built environment will make this piece seem as if it had always been there. The second point I would like to talk about is her recommendation to surround the artwork with Japanese blood grass and mounting it off-center in the circle. The use of a single type of tall grass will help soften the park and will create an embracing and welcoming context for the sculpture and for the Gateway Park itself. It will also reinforce the idea of the ovoid form and create a sense of nesting and protection. I have dealt professionally with artists for over 20 years and in that time I have developed a sixth sense about recognizing a pure artist whose work speaks with a clear and unique world view. Susan Zoccola has created a singular and heartfelt monument to the nurturing and inclusive nature of our community and done it with a form that is harmonic to this place and time. John Davis Member of the Selection Committee for the Ashland Arts Commission Gateway Project Dear Ashland City Council, I was on the selection panel for the final review of three finalists for the Gateway Island. All three works had merit, and in the end, I am happy to support "Gather" by Susan Zoccola. 3 I was also on the original "study group" that developed the concept of a Public Arts Commission for the City of Ashland, and served as that body's first Chair. There were many things we were able to do, even with little funding and few resources. that I am very proud of, and one of them was to create the space for a large, important piece of art in Ashland's downtown. The Library and Fire Station seemed to be calling out for something artistic, rather than municipal, that reflected the astonishing creative forces alive in this town. Many times I've heard the question "Why is public art important?" The unspoken underlying statement being, "We shouldn't be spending money on this." I always wonder why anyone considers art any less important that anything we do as human beings, and my answer is always that art is possibly the single most important thing. When it's cut from our schools, students flunk, lose interest, and drop out. Students participating in art do better than those that don't. Even if they do not become an artist by profession, when they've learned about art concepts, and participate in art making, it helps them think in new ways, creative ways, creative problem solving. Society needs art, and needs to celebrate art, and not just historical pieces, or something that visually resembles the world around us. We need art that touches a chord, or a nerve, so that we can expand our idea of what it means to be human. Public art's long history is rife with early, hateful, derogatory statements about the art upon installation, which turns to pride and glory in its eventual acceptance. Ashland is a place where people gather. It is a place where people listen. It swirls with creativity. They come here for theater, for art, and for nature. Ashland is a powerful spot, and this lovely proposed artwork brings that all into beautiful focus. I look forward to the installation of this artwork, and fully support you in the process of making it a reality. Thank you. Bruce Bayard Studio A.B 621 A Street, Ashland Oregon 97520 541-482-2253 1 brucebayard.com Dear Mayor Stromberg and members of the City Council, Congratulations to you and the Arts Commission for the progress in selecting and funding a significant piece of public art for the gateway into Ashland! As you must be aware this is an exceptional achievement for a city of Ashland's size and represents the culmination of many 4 years of dedicated efforts by many people in the city government and community at large. As one of the founding members of the Arts Commission I am particularly gratified to find that the process has been pursued with such integrity and has been clearly open to all members of the community the entire time. It was with great foresight that the community and city government set aside the site for precisely this purpose and we see there is an exceptionally interesting and appropriate sculptural piece now slated for installation there. I strongly urge you to continue to support this project and in so doing to support the entire community and the long term vision of Ashland as a true leader in the arts and society. I'm aware that some voices have raised concerns about the appropriateness of the location and specific piece selected. To be fair, this process has taken many years and it is not reasonable for those voices to have remained silent and not contribute to the public arts mandate being pursued by the Arts Commission until this very late date. The Arts Commission has been open to all and has consistently and conscientiously invited public participation in the process. If those individuals who now voice their concerns had done so earlier then their concerns would have been addressed while allowing the process and progress on the placement of public art in public spaces to proceed. As it is we hear calls to undo the progress that has been made. Some even reach so far as to impugn the process as if their failure to participate until now is a sign of the process was flawed or, even worse, to impugn the motives of the those (council members included) who have labored so long and conscientiously to bring this extraordinarily beautiful program to fruition. Please do not allow the naysayers and atavists who resist real progress in public art to erode the support you have for this noble cause. The art chosen is exceptional, linking together the past, present and future and will be a great contribution to Ashland for generations to come. Please join me in giving your full support and approval to it. Respectfully submitted, Richard Benson Corresponding E-Mail: Physicist403ggmail.com I am writing to voice my support for the Gateway Island public art by Susan Zoccola. I did attend the community meeting where the three finalists presented their proposals. It is my understanding that this was a lengthy thoughtful process so I am surprised by the Historic Commission's criticism. It sounds a bit of "sour grapes" on their part. It seems unnecessary to attack the Public Art Commission process. 1 understand that everyone has their own view on art. I do not understand the need to attack the process or why the need to polarize the two committees. I thank the volunteers who work on both committees for the time they give our city. As a community member I support the Public Art Commission and the art that was selected for the Gateway. Patt Fisher 5 410 Ashland Street Ashland Dear Council Members: I wanted to take this time to contact you in support of the current direction for the Ashland Gateway: "Gather" by Susan Zoccola. I have been aware that this sculpture selection is the result of a several-year process of specifying the project, calling for entries, selecting finalists, and all the while gaining input from the Ashland Citizenry, local area artists, and the Historic Commission. I was dismayed to learn that, once a final choice was announced, there would be such a negative reaction from a vocal minority, but not surprised. I have been involved in various aspects of the arts and government life for 35 years. I attended the presentation by three of the finalists at Ashland Library earlier this month. I completely understand how challenging it is to make a final selection, but I support the process and believe the choice to be a sound one. The apparent conflict tells me that you are probably on the right track. The contemporary piece does reflect our community. All one has to realize is that Ashland is on a world stage now, witness the reactions on various fronts to the standing of the Oregon Shakespeare Festival. We are much more than a collection of early 20`h century homes set amid National Forest land. I took a moment to examine Ms. Zoecola's form and learned there are interesting parallels to the Torus geometric shape in nature, physics, while evoking Native American basketry. It is a compelling, though admittedly fairly neutral, shape. It is also totally unexpected, and that is another reason I like it so much. It says more than "Gather", to me it says, "have courage, live with traditional and contemporary in harmony, enjoy the patterns and rhythm of the piece." I ask in closing that you give this dialog and current controversy an "Open Mind" [to borrow from another piece of public art in Ashland], and understand that, while it is important to let people voice their concerns, that the process has led us here in a productive way. Supporting this work is also a support of a long dialog. Will you ever find a sculpture that everyone would approve of? Probably not. But you have an excellent choice in "Gather". Sincerely, James S. Hutchinson. Ashland, Oregon. A.B., Master in Fine and Performing Arts P.S. I do wish it would spin, however! Mayor Stromberg and Ashland City Council, I am writing in response to George Kramer's Guest Opinion piece on the "Gateway Project" in 6 the Ashland Daily Tidings of September 19. Any discussion of Mr. Kramer's input on public policy in Ashland must recognize and applaud his multiple and valuable contributions to maintaining and enhancing the historic elements of our city. However, according to Kramer, the "Gateway Project" suffers from issues of conception, execution and process. That is Kramer's opinion; the fact that the project emanated from a Public Arts Commission appointed by the mayor to represent the values of the city at large does not make the project ipso facto a failure. By carefully parsing Kramer's logic, one is led to conclude that there is no roo►n for a work of contemporary art in our "historic downtown core." I'm sure we all agree that "40 years of diligent public and private effort to support and enhance its (Ashland's) historic character" has been successful but I do not see why a contemporary piece cannot be incorporated into our downtown, particularly in the island proposed where there is nothing of an historic character to conflict with it. Kramer takes issue with the Public Art Commission's charge to create a "landmark... iconic" to Ashland, that it was "naive and presumptuous." On the contrary, in our cultu re, whether in education, in science, in technology and/or in social endeavors, it is only by aiming high that we achieve superior results. Also, Kramer emphasizes the importance of context in the placement of public art suggesting that "overpriced often vapid" contemporary art has no place downtown. Given the location of the "Gateway Project" interposed between the modern fire station and the equally modern library addition, one could as well argue that the context here argues for a modern, contemporary piece. What all the dissonance regarding the "Gateway Project" comes down to is a matter of taste and opinion. Some of us are fans of modern art (Yrn not one) and thrive on it, some are history buffs (me) and want to learn from and preserve as much of it as possible, but we are all members of a democratic community and should respect each other's views and tastes and accept the consequences of that respect. John W. Barton Ashland I am getting so tired of seeing all the complaining by this group. There are so many and diverse opinions about the aesthetics of and public art or landscaping or even the bricks. The council has a tough job and I want you to know that lots of us Ashland citizens frilly support your thoughtful decisions, even when we're not very vocal. John Love johnlove(a~mind.net Richard, I want to thank you for being on the Ashland art committee and for giving us information as to why the sculpture picked fit the cause better than others. 7 I happen to like the one picked very much. It will be so interesting from all different angles and the fact that it can withstand some abuse is important. It will look pretty with snow on it and as a silhouette against the sky. I think it's great. Christmas lights , flags, all sorts of ways to decorate it for holidays. Surely the committee knew there would be a lot of people who don't like it, no matter what it is, there will always be those who dissent. ]'m always amazed when I see public art, knowing what it took to get it actually agreed upon, constructed, and installed. I want the committee to know that there is at least one person who thinks their selection is great. As for the comments about the sculpture not fitting the history of Ashland, I feel pretty strongly about not wanting Ashland to become a *'historic" community. If it does it will be another Jacksonville which isn't a vibrant living community, at all, it's just for tourists. I have some trouble with "historians", for instance at what point in time is a community, town, city, whatever, supposed to stop changing with the times. Never in my estimation. Harumph. Sarah Durand Dear Mayor and City Council: I wanted to send you all a message regarding the proposed Gather sculpture. I had not seen the press coverage until my wife pointed out an article in the Mail Tribune from this Wednesday commenting that criticism of the sculpture had put the project on hold. I normally don't comment on community art altho ugh generally I favor things that make communities stand out in positive ways. I missed the articles on this project as I was back East in Pennsylvania. I was staying in Scranton, which I never thought of as being particularly remarkable. But actually visiting the city I found many historic buildings, old coal works, and some nice parks and statues. Upon reflection, this is pretty common in the East but our western cities, in contrast, are unremarkable. In fact, they all look pretty much the same. What is unique about the West is the setting, the scenery, not the towns themselves, which have little history or little art. This is a shame. How can people value their community if it looks almost exactly the same as every other nearby city and town? Diversity and uniqueness are important to our communities. We need places of interest for our citizens; places where people pause to gaze at art, historic places, and green spaces. So, I favor the Gather s sculpture and hope that the city moves forward. I applaud your interest in making Ashland a more vibrant and interesting place to live. We need that in the West, where 8 common strip malls and endless subdivisions occupy our viewsheds. Thank you for considering this note. Regards, Jack Williams Jack and Cindy Williams 4393 Pioneer Road Medford, OR 97501 Karen Hiller Khiller e,nwlink.com City Art We like the piece of art that the Art Committee has selected. It will look good in the location by the library. Sadly nothing is going to make everyone happy but we would like to see that piece installed. I am writing to voice my support for the Gateway Island public art by Susan Zoccola. I did attend the community meeting where the three finalists presented their proposals. It is my understanding that this was a lengthy thoughtful process so I am surprised by the Historic Commission's criticism. It sounds a bit of "sour grapes" on their part. It seems unnecessary to attack the Public Art Commission process. I understand that everyone has their own view on art. I do not understand the need to attack the process or why the need to polarize the two committees. I thank the volunteers who work on both committees for the time they give our city. As a community member I support the Public Art Commission and the art that was selected for the Gateway. Patt Fisher 410 Ashland Street Ashland Dear City Councilors and Mayor - As a long-term previous member of the Public Arts Commission, I wanted to take this opportunity to offer my input on the recent selection of "Gather" as the public art piece for the downtown Gateway site. I could not be more thrilled by this choice, nor more impressed by the hard work of the PAC and the selection committee. When I served on the PAC (from 2004 - 2010), this project was part of our Master Plan for Public Art, and efforts were already being made to put a significant sculpture there. I am thrilled to see this vision for the city finally realized, and commend the PAC members for their dedication to this project. 9 But as often happens in many public processes, it seems that only the naysayers and critics are offering their opinion about the selection of "Gather'". I have seen the same thing happen with Medford's PAC, and so I guess I shouldn't be surprised to see it happen in our town. Everyone in Ashland had the opportunity to be involved in the selection process and/or to offer their input to the PAC along the way, so it seems a little disingenuous to come out with such forceful criticism after the fact. I think that after the current brouhaha ends, everyone will be very happy with the results and "Gather" will be a wonderful addition to our city's growing collection of public art. This is for the downtown Gateway so a prominent piece of public art that is thought-provoking, eye catching, contemporary and sensitive to its context is an entirely appropriate choice. Like its citizens, Ashland is vibrant, alive and full of energy and new ideas. Our downtown core is not frozen in time, and our public art should not be either. 1 urge the city council to stand behind the members of the Public Arts Commission that you appointed, and make sure that this project gets completed as planned. Respectfully, J. David Wilkerson, II AIA LEED AP Principal OgdenRoemerWilkerson Architecture Hello Ashland City Council, It has been brought to my attention that a piece of sculpture has been chosen for the Gateway project. This is great news. I was on the PAC for 4 years, 2 of which I served as Chair. It was a wonderful experience and acquiring funding for this large and impressive site was one of our priorities. I am so pleased to see it come to fruition. I understand that there has been some negative feedback regarding the contemporary design of the sculpture chosen. I personally feel this is the only way to go for this size and location. While Ashland's economy is driven by the Oregon Shakespeare Festival and that could be considered a traditional venue Bill Rausch has been working very hard to bring contemporary plays, themes and often controversial new plays to the city. Ashland needs to keep up with the times in which we live. Ashland has a large retired population but there is also a fantastic University of young people who live and work here. If you look around at art installations in other cities you will find for the most part these installations are contemporary and modern and moving into the future. I feel it would be a mistake to delay or prevent this installation and sends 10 the wrong message to the Public Art Commission. I know how hard they work and as you know they work with the public to help make the decisions with any project they undertake. If you have any further questions please contact me at the information show below. Thank you and good luck Melissa Markell Erial Ali erial.ali )zmail.com Torus sculpture cong to town Bravo for this choice of art that is in many worthy catatgories simultaneously, and to me the future of visionary public art. Often the contemporary arts are based in temporary trends and trite concepts. This choice on the other hand is both ancient, modern, and futuristic. Well crafted and a boon to this community. It gives me hope and inspir ed confid once. -Erial Ali Visionary Artist Dear Mayor Stromberg and Members of the Ashland City Council - I have great admiration for Mr. George Kramer. I respect and honor the years of contributions he has made to Ashland. Yet I find the petulant tone of his letter to you (dated 17 - September- 2015) to be unwarranted, and most unbecoming of the gentleman I perceive him to be. His personal attacks on the Public Art Commission and the Selection Committee are unwarranted and most unprofessional. Mr. Kramer appears to believe he speaks for the entire city of Ashland and that he, single-handedly, must protect us from ourselves. Mr. Kramer is certainly entitled to his opinions. But that is what they are. His opinions. I've also read comments on Facebook and other social media critical of "Gather." Frankly, comments like "I don't like it" and "it's gross" are not justifiable, thoughtful critiques of art. One of the great things about living in Ashland is the community interest in what happens here. It is also notable that there is always a vocal minority on any issue impacting our city. That is as it should be, but the emotional reactions of a vocal minority do not speak for the majority. Rather than emotion, hysteria, or personal attacks, let's speak to the facts. The PAC is charged with bringing art of our time to Ashland for generations to come. The PAC is also charged with seeking a diversity of art. Contemporary art requires thoughtful introspection in order to engage with it. It may mean one thing to me, and something else to someone else. In fact, one may see something different in it every time they see it, or approach it from a different angle. The very nature of Ashland is diversity in arts. We do not ask OSF to 11 only stage Shakespeare plays. OSF brings contemporary plays to Ashland and challenges people to engage with them, to think, to honor the range of diversity in the arts. We are not a one-trick- pony. I am also guilty of hastily forming an opinion of a piece of art prior to really trying to see it for what it is: artistic expression. There are some that believe the proposed public art piece, entitled "Gather," is out of scale with the location. What they are reacting to is a flat picture printed in the paper of a 3D structure. The piece is 22 feet tall, three feet taller than the bronzed -We Are Here" sculpture in the downtown. "We Are Here" is, indeed, in scale with the buildings next to it. If one were to stand in the spot where "Gather" is to be placed, and were to look across at the library on the hill on one side, and the monumental fire station #I on the other, the notion that "Gather" is out of scale is unfounded. As mentioned, "Gather" is not a flat piece but a three-dimensional structure that will take on different looks from different angles and different light. There is much handwringing that "Gather" is not in keeping with the historic nature of the downtown. This argument simply does not hold water on many levels. To begin with, what is being overlooked is that history begins now. I suppose many would be happy with a large plastic bust of the Bard: "Welcome to Willy-Town" while Ashland becomes a caricature of itself. With these criteria, the Angus Bowmer theater would never have been built, much less the contemporary Thomas theater. "Gather" will be placed between a fire station that is a fairly contemporary building, as is the addition to the library, and a good distance from the historic Plaza area. The pejorative term "plop art" is very much out of line. Many will recall the popular uprising against the Vietnam Memorial in Washington DC. It was called "plop art" and was condemned for not maintaining the historic quality of the surrounding monuments. Those critics were wrong. For those of us who have visited the contemporary sculpture/memorial, it sucks the air from your lungs and leaves you on your knees weeping. The term "Plop art" was also applied to "Cloud Gate" (commonly referred to as "The Bean") in Chicago. It is a contemporary piece surrounded by buildings of truly historic nature. But try to even suggest it be removed and you may well be tarred and feathered. The same goes for the "Love" sculpture in Philadelphia. It's modernity lives well within the historic contexts it finds itself in. Historic sites and modernity live hand in hand around our country and, indeed, around the world. I've had the luxury of travel and have seen historic sites and modernity complementing one- another in city after city. 1 am currently in London and am fascinated by how modernity, in the form of contemporary buildings, structures, and art, co-exist seamlessly with, and do not detract from the truly historic buildings and sites. This pattern of mixed historic and contemporary art, structures, and buildings works. This is the nature of art and the evolution of cities. 12 Another interesting and critical point of "Gather" that seems to be overlooked is it will be visible from a few blocks away. That is an intentional effort to connect downtown with uptown. Visitors, and locals alike, may see the top of "Gather- from an area where most tourists usually turn around and head back toward the Plaza. "Gather" might catch their eye and bring a good number of visitors uptown a few more blocks to investigate. This will result in their interaction with stores and a section of town they may not have otherwise seen, not to mention the art itself. There have also been critical comments of the piece placed at fire station 92: "Open Minded." This contemporary piece of art is a fascinating and complex visual sculpture. From the comments on social media it appears that many would have been happier with a literal piece: a sculpture of a fire hydrant? A fire truck? This is kitsch art and is not what the PAC was asked to bring to our city. My heart goes out to the City Council and all members of the city Commissions. They can't win. No matter what they decide, a small, vocal minority will attack their decisions and integrity. But small-town politics is democracy in one of its purest and most transparent forms. You are elected and asked to make decisions for what is in the best interest of the community. I know the council has the wisdom to listen to all sides of the arguments. I hope they have the courage to act for our future and the history we will leave for those who follow. Arnold Bleicher Dear Ashland City Council: I am writing in support of the recent recommendation by the Ashland Public Arts Commission to approve Susan Zoccola's "Gather" for the Gateway Project. I have lived In Ashland and taught Art History at Southern Oregon University since 2000. 1 also served on the Ashland Public Arts Commission from 2004 to 2009. During my time on the PAC, I remember taking a professional approach to all projects and making sure that all procedures were fair and resulted in a "positive" outcome for Ashland and its citizens. I am proud to walk around Ashland and see visual art that is vibrant, unique, and adds to the culture of Ashland in the 21st century. Although I am not on the PAC anymore, I have been impressed with the updates in the City Newsletter and Ashland Daily Tidings about the "Gateway Project". I also attended the artist presentations on September 10" and was very impressed with the professionalism of the three candidates as well as the PAC delegates running the meeting. 13 I truly believe that the PAC has been very thorough and thoughtful in this selection process. They started with sixty applicants and thoughtfully narrowed the pool down to the most appropriate entries for the "Gateway" space keeping mindful to Ashland's unique identity. In the spirit of democratic process, I believe that there was a well rounded selection panel consisting of: the director of the Ashland Public Library, a member of the Historic Commission, a member of the Public Works Department, a former gallery owner, a sculptor, a former PAC commissioner and the former director of the Schneider Museum of Art at SOU. While this panel had the option to reject all of the proposals, they thoughtfully came to the conclusion that Ms. Zoecola's piece deserved the prize. Please note that no one on the current Public Arts Commission had any say on which art was selected. They are merely the conduits for the selection process and therefore the selection remains transparent and genuine. I wholeheartedly stand behind the approval of Susan Zoccola's "Gather" for the Gateway Project. It will be a unique enhancement to our fair city. It will bring dialogue, enhance tourism, and add to the current and future history of Ashland, Oregon. Sincerely, Jennifer Longshore Citizen of Ashland OR Sherry Nurre peacefuloneinashIand2yahoo.com Art $ spent Dear City Council, I personally feel this piece of art is beautiful and mesmerizing but if given a choice of providing shelters and food for our homeless population. I would pick helping the more indegent population. To me this is ART-- https://www.youtube.coiii/watch?v=gQ I 1 f6urLVQ Giving back to our community is art with hear t, Sherry Molly Kreuzman molly a, coyotetrails.org sculpture This plaza design with sculpture looks stellar. I'm a yes! 14 Molly Dear Margaret Garrington, and the City of Ashland Public Art Commission, Gateway Art Selection Committee and Ann Seltzer, While I know that the selection committee met on Friday, September 11, and that public opinion concerning the selection was not sought, i did attend the Thursday night introduction and would like to share my opinion about the three pieces under consideration for the Gateway Island. Thank you for narrowing down the select to three wonderful pieces. I hope the process was enjoyable and that the conversations were creative. 1 seat on the selection committee for the sculpture on Lithia way and found the process artistically enlightening. My personal preference for the Gateway Island would be: the large "interactive" structure, the soft organic "doughnut" and finally the helix. The reason Roger White Stoller's helix is last is that it has no staying power with me. I saw the newspaper article and I already knew what it looked like and how I would interacts with it. Yes, the imagery is "Ashland" but it is not unique. Yes, it is timeless, but so is a coloring book. The audience will not have read Mr. Stoller's resume' so the fact that he is Buckminster Fuller's prodigy is irrelevant. I enjoyed the Susan Zoccola's organic sculpture, I think it will play beautifully against the geometric lines of the library, fire station and roadway angles. I love the "peep hole" view one may get from the library if the sculpture is set up to be viewed from that angle. I am, however, fearfiil of the maintenance over the long haul. Our community is hard on structures, especially, along the parade path. I am concerned with the retention of the coloration twenty years from now. Pete Beeman's interactive sculpture has the scale I think is necessary for that location. The slight incline of the road way as it enters down town requires a tall piece. 1 think the movement will have continued interest. While the support structure may not have huge pedestrian eye level interest its simplistic lines will work beautifully with the strong horizontal quality of the library and fire station and easily be enhanced by the landscape to emphasize the refractive qualities of the glass in the basket element. If Mr. Beeman's maintenance schedule is correct the City will be able to maintain well into the future. Thank you for giving me the opportunity to meet, hear and explore the artists and their work. Please accept my thoughts in the spirit of community involvement already set forth. Best wishes, Jay Leighton 206 Cambridge St. Ashland, Or 541-482-9876 15 Dear Mayor and City Council I support the Ashland PAC, the Selection Committee, and the vote by the Ashland Historic Commission in favor of the Gather sculpture. Please do not allow a very vocal minority to sway your supporting the placement of the sculpture. Thank you, Elizabeth Perle 491 Courtney Street Ashland, Oregon 97520 With the knowledge of the City Council the Public Art Commission has worked for the past three years on the selection process for the Gateway project. Please do not pull your support at this crucial point. Support the Gather sculpture. Patt Fisher 410 Ashland Street Ashland Dear Mayor and City Council - I support the Ashland PAC, the Selection Committee, and the vote by the Ashland Historic Commission in favor of the Gather sculpture. Please do not allow a very vocal minority to sway your supporting the placement of the sculpture. Thank you, David Landry 1534 Butler Crk. Rd Ashland, OR 97502 541-890-2662 Please stand up and approve "Gather". It is the result of a careful and well thought out selection process for Public Art in Ashland. I think it will enhance our community enormously. Jamie Hutchinson, MA. Ashland, OR Dear Mayor and City Council 16 I support the Ashland PAC, the Selection Committee, and the vote by the Ashland Historic Commission in favor of the Gather sculpture. Please do not allow a very vocal minority to sway your supporting the placement of the sculpture. Thank you, gary ghidinelli 990 e. nevada st. Dear council- I urge you to approve the Gather sculpture placement. Please do not be misled by a short sighted but highly vocal minority. Thank you for your commitment to our diverse community. Francie Ghidinelli Dear Mayor and City Council, I support the Ashland PAC, the Selection Committee. and the vote by the Ashland Historic Commission in favor of the Gather sculpture. Please do not allow a very vocal minority to sway your supporting the placement of the sculpture. Thank you, Ann DiSalvo 621 A St. Ashland Dear Mayor Stromberg and Ashland City Council, I support the PAC, Selection Committee and Historical Commission in favor of the Gather sculpture. It would be a huge mistake to allow a loud minority to derail this important sculpture. Thank you, Leigh Hood 520 Terrace St. Ashland, OR Dear Council, I love the sculpture, Gather. I think the process was well thought out and appropriately done. Please accept the recommendation for the sculpture. I hate to think that just a few people who don't like the sculpture will be able to change your minds. You will never get 100% of the people to agree on a piece of art. This is a wonderful sculpture and is appropriate for the space. Sincerely, Candy Wooding 17 Dear Mayor of Ashland and City Council: I have not spent enough time studying all the particulars of the proposed art piece called "Gather" to make an educated decision regarding its suitability to the Gateway plaza. However, I trust that the Ashland Public Arts Commission is doing just that, on behalf of us all. Please vet their work and their decision making process in a fair and just manner that supports their willingness to serve on such an important commission. If we are going to second guess the work of our many public commissioners, will anyone of quality be willing to serve in the fixture? I look forward to seeing the art eventually chosen for this landmark spot in our town. Sincerely, .Joan E. Thorndike 369 Granite Street Ashland, OR 97520-2716 I am in support of the sculpture. People had enough of a chance to express their opinions long before the piece was chosen and should have taken the time to do so. Harriet Greene Posted Sep. 24, 2015 at 12:01 AM Given the vocal opposition to the Public Arts Commission's choice of a work to be installed on the Gateway Island, it makes sense for the commission to pause, meet with the City Council and the public and clear the air before submitting the piece for approval. What doesn't make sense is to scrap the project entirely or start over. Public art is always a controversial matter, especially when public money is involved. No two people will view a work of art in the same way, or agree on whether it represents the community appropriately. Our biggest problem with the objections raised so far is the idea that no work of modern art can possibly be suitable because downtown is a historic district. History for history's sake, one might say. 18 Opponents have attacked the process of selecting "Gather" - the Public Art Commission's choice criticized the size of the piece and questioned its placement where it will be seen from passing cars. A contemporary work of art, they argue, detracts from Ashland's historic character. Yes, downtown Ashland is historic. It is also a functioning city center in the year 2015. Historic preservation is valuable, but it is not enough. Times and art change. Today's contemporary art will be tomorrow's historic art, just as today's historic works were contemporary in their day. Ashland needs to look forward, not back. Rejecting art created with Ashland in mind because it is "modern" doesn't sound like the act of a progressive community. Supporting 'Gather' I am in support of the current direction for the Ashland Gateway: "Gather" by Susan Zoccola. This sculpture selection is the result of a several-year process of specifying the project, calling for entries, selecting finalists, and all the while gaining input from the Ashland citizenry, local area artists and the Historic Commission. The contemporary piece does reflect our community. All one has to realize is that Ashland is on a world stage now; witness the reactions on various fronts to the standing of the Oregon Shakespeare Festival. We are much more than a collection of early 20th century homes set amid National Forest land. The artist's design makes interesting parallels to the torus geometric shape in nature and physics, while evoking Native American basketry. It is a compelling, though admittedly fairly neutral, shape. It is also totally unexpected, and that is another reason I like it so much. Supporting this work is also a support of a long dialogue. Will you ever find a sculpture that everyone would approve of? Probably not. But you have an excellent choice in "Gather." P.S. I do wish it would spin, however! Jamie Hutchinson Ashland A matter of taste I am writing in response to George Kramer's guest opinion piece on the "Gateway Project" in the Ashland Daily Tidings of Sept. 19. Any discussion of Mr. Kramer's input on public policy in Ashland must recognize and applaud his multiple and valuable contributions to maintaining and enhancing the historic elements of our city. However, according to Kramer the "Gateway Project" suffers from issues of conception, execution and process. That is Kramer's opinion; the fact that the project emanated from a Public Arts Commission appointed by the mayor to represent the values of the city at large does not make the project ipso facto a failure. By carefully parsing Kramer's logic, one is led to conclude that there is no room for a work of contemporary art in our "historic downtown core." I'm sure we all agree that "40 years of diligent public and private effort to support and enhance its (Ashland's) historic character" has been successful but 1 do 19 not see why a contemporary piece cannot be incorporated into our downtown, particularly in the island proposed where there is nothing of an historic character to conflict with it. Kramer takes issue with the Public Art Commission's charge to create a "landmark iconic" to Ashland, that it was "naive and presumptuous." On the contrary, in our Culture, whether in education, in science, in technology and/or in social endeavors, it is only by aiming high that we achieve superior results. Also, Kramer emphasizes the importance of context in the placement of public art suggesting that "overpriced, often vapid" contemporary art has no place downtown. Given the location of the "Gateway Project" interposed between the modern fire station and the equally modern library addition, one could as well argue that the context here argues for a modern, contemporary piece. What all the dissonance regarding the "Gateway Project" comes down to is a matter of taste and opinion. Some of us are fans of modern art (1'm not one) and thrive on it, some are history buffs (me) and want to learn from and preserve as much of it as possible, but we are all members of a democratic community and should respect each other's views and tastes and accept the consequences of that respect. John W. Barton Ashland 20 Opposed to Gather This is my second letter regarding the Public Art installation. As a resident of Ashland for over 4 decades and a graduate from SOU in Fine Art I would like you to know I am strong against the Sculpture chosen. It speaks nothing about Ashland. I will be VERY dissapointed in the council if this goes thru. Maureen Sever If you search on social media, you will see that most people are opposed to the sculpture called 'Gather'. It says nothing of what Ashland is all about. There are many other better choices that reflect the beauty and cohesiveness of this town. Most everyone prefers a local artist to be chosen. It makes most sense to advocate for and support a local a rtist. By choosing 'Gather', which looks like a rat cage, a hamster wheel, the council is choosing to go against the people of Ashland. This sculpture has nothing to say. It looks like it belongs in Seattle or Singapore. It looks like Ashland is trying to be something it's not, a modern, metropolitan city. Ashland is warm and inviting and charming. This sculpture is the opposite of that. Why the city would choose this while supported an outside artist contradicts the heart of this community. You will disappoint and lose the respect of SO MANY community members by choosing 'Gather' as the 'gateway' into downtown. If you are going for a modern, cold, uninviting look of a circus wheel, then I guess this is the sculpture for you, but know that it's for YOU and NOT for the people of Ashland. As far as I am concerned, and thousands of people on social media agree, Gather is a total mismatch of a choice. It is so wrong on so many levels. I do hope you will listen to the people inste ad of the handful of others making this choice. Let the people speak and choose. Let the artpiece chosen represent the real heart and warmth of Ashland. Gather says, "we are cold, snobby, and we have no taste." Just my opinion but that piece of art should not be put ANYWHERE in the city!! Mike Pierce [mpierce@charter.net] I am a proponent of public art. Yet, when I remember that our libraries were closed for many months because of lack of funding, I shudder to think the City might spend a whooping $100,000 on an art installation in front of the library. I vote NO. Thank you, Jessica Sage Greetings, please consider this suggestion: Please use local artists for this project, keep the funds in ashland and help its economy. Choose a local artist to create a sculpture that speaks to the people of the town. The one proposed is not artistically apealing and it doesn't express the feel of the town. Thank you for your consideration and attention, Have a wonderful day! Kelly Harding. Kelly Harding 1 To the city council, There has to be quite a few other things that you could spend that $100,000 on besides new art. This is a total waste of money. Not to mention that you aren't even going to contract a local artist. I thought Ashland was in support of local economy, not sending the money to other places. Maybe you should take th at money and apply it to something that would actually make a difference, like I don't know maybe education? Justin Brumble I guess this is a complaint!! 1 was raised in Ashland and am very proud of that lovely little town. My parents had business' in town My Father also worked for the Daily Tidings for years I was a singer in the Shakespearean Festival for years & went to SOCE after graduating from AHS in '55. My parents lived there over 50 years. 1 am not happy with the art project that is being considered at the Island!! What does it have to do with our City??? PLEASE RE-CONSIDER?? Lee Anne Robertson (Leach) 1 just got back into town and fired up the internet and tuned into the Ashland FB page and viewed the proposed "Gather" installation. I find it very ugly and unattractive and not-inviting at our downtown city gate. This would be awesome piece in the park, but here it is lifeless and looks rusty and worn. My pre ference, having lived here for nearly 20 years would be either a piece that honors the native heritage, such as the now bronze totem pole at the north gate. or a bright kinetic sculpture piece that has artistic elements reflecting our town. Iconic symbols of our entire lineage until now..the native, the pioneer, the agriculture, the rivers and forests, the theater & arts and the university. Redmond, OR has something vaguely similar along hwy 97 and Highland Ave. I won't be able to attend in person tomorrow but I did want to voice my opinion about the proposed piece and to say that we can do better. Let's not re-do a whole plaza fiasco again! No hurry let's do it right the first time. Thanks for reading, appreciate your consideration of my input! Heather Larsen We are out of town and unable to attend the meeting tonight but I wanted to register a "nay" vote on installing "Gather" on Gateway Island. I don't feel this particular piece represents our city Laurie Carter Note to those involved in choosing public art for Ashland: The chosen piece for the island looks like the wire forms women used to wrap their hair around to make a neat "bun" at the back of their heads! It may be abstractly symbolic of the "gathering" theme, but bears no relation to the environment around it on the selected site. If you must use it, please consider placing it in a more open space, where it won't clash with everything around it, and will be shown to better advantage. Charlotte Abernathy, Artist, 30 year resident of Ashland 2 Reasons for My Objections to this Artwork/Site Dr. Arnold Lipkind Selection Guidelines for Works of Public Art 2. Site. The artwork should enhance the existing character of the site? but the site has no character. It?s a leftover strip where several streets converge. --as well as the by taking into account social dynamics of the location. but the site has no social dynamics. Why would it? It?s a nothing site. 3. History and Context. The artwork should consider the historical, geographical, and cultural features of the site? but the only history the site has is that it is a strip left over when arranging those converging streets. And the strip has nothing to do with geography. A street strip does not sing out the words ?Oregon I love you? or ?Southern Oregon, my home sweet home!? And what?s cultural about the strip? --as well as the relationship to existing architecture? What architecture? Over there is a fire station, across is the Library, in the corner is a gas station with access from two of the converging streets? 8. Public Liability. (Safety hazards, liability to city.) Hard enough to see through that mish-mosh of converging streets and structures when you are driving?especially early in the morning in fog, rain, darkness. Now this str ucture wo uld make it even more difficult. And if it?s so wonderful, mightnA a driver pause for a moment to look at it, leading to a driving mishap? Guidelines for Site Selection. 4. Pedestrian Accessibility. It?s hard enough to access those strips just when crossing various roads. Ridiculous to think people in any number would go out of their way to go to that strip. Except for our Homeless, and so-called Travelers, who might hang there?perhaps putting some newspapers up against the structure to ward off the wind, perhaps to climb it, perhaps to use it as a meeting spot. 5. Circulation. (Obstructing pedestrian or vehicle traffic.) See # 8 & 4 above. Dr. Arnold Lipkind I am writing to respectfully ask that the Gather sculpture NOT be awarded and installed in Ashland. The scale of the project is inappropriate for this space (i.e. it is just simply too large) and does not work as a welcoming piece as one enters the downtown area. In addition, I would like to see a piece that reflects some kind of theme for Ashla nd. And lastly, I would LOVE to see a piece of art/sculpture that moves; movement reflects the changing nature of life, of our community, etc. Movement is fun to watch! Gretchen Vos 3 Please say NO to "The Gathering" scuplture As a twenty-two year resident of Ashland, I support our city's efforts to create and install more public art however, the piece, entitled "The Gathering" appears to have virtually no public support with most residents speaking out against installing this particular piece of art. This so many residents speaking ou t against this piece, the council must vote "No" and direct the Public Art Commission to start over and look for a work of art with more public support. It would be better to leave the area as is than push to install this piece. This particular piece might have more appeal if installed in a more industrial, modern city--but simply doesn't fit with Ashland or the neighborhood. I would rather have the City of Ashland install a solar panel there--at least the meaning would be obvious. I believe Ashlanders would support a piece that was more "natural" --check out this artists' work. Perhaps Ashland could commission a work along these lines from a local artist. http://www.boredpanda.com/discarded-wood-sculptures-ia e-hyo-lee/ I've never written an email to the city council before, and may not be well versed enough to express myself effectively, yet I am compelled to respond to plans to install the "Gather" art piece between the library and the fire station. Please don't! My entire being cringes at the thought of seeing such a contemporary piece in th at locati on. It lacks resonance with the surroundings of that part of town. I am asking, would you be willing to seriously reconsider this placement? I consider myself truly blessed to be a resident of The City Beautiful since August, 2011. 1 live in a 550 square foot home, on a very limited income. I moved here because of the breathtaking natural beauty of this small town. The warmth and softness of the land embraces everyone living here or passing through. It is dangerously easy to lose site of this, particularly when we become surrounded by distractions. When I walk each day, my eyes go to the mountains, to the trees--the incredible trees--to the sky, to the clouds, to the rolling hills, to the flowers. Please help us all to nourish our relationship with the blessed land around us rather than forcing into our view an art- piece that will serve only to distract us from the natural beauty that nourishes us all at levels often overlook. Perhaps the c ouncil wo uld like to read the book Wabi Sabi: For Artists, Designers, Poets, and Philosophers by Leonard Koren. It may serve the council in finding a more suitable piece, should there still be a "need" to install an art piece at that location. I vote to simply allow our eyes to soak up the stunning natural art already in place all around us. Thank you for taking the time to read my input. I am grateful to you and hold you and your 4 efforts in deepest respect. Signed, Jane Ellen--An art student inspired most deeply by Ashland's natural beauty. Jeanne Chouard This purchase is a mistake. It doesn't fit the space in front of the library well and it doesn't meet the masterful, high quality creative integrity that has come to be expected of Ashland. I will always encourage spending on town art but this piece isn't worthy of permane nt public display here. It reminds me of the Torus, a concept described in the movie Thrive, which is a fine moving symbol, it just doesn't make for a fine bronze sculpture. Can we please explore other options. Thank you. Lori Lowell It makes me very sad to think, according to the Dec 2nd letter to the Tidings by George Kramer, that the sculpture, "Gather" is about to be approved for installation at the entrance of our town. Let me say that I have no excuse for not being more involved with the project as it unfolded or voi cing my o pinion earlier. I also appreciate all of the hard work and thought and "process" that has already occurred. I have nothing against any of the artists or council members. That said; I do wish to say that my family and I have been residents of Ashland since 1971. 1 have seen many changes take place that have mostly beautified our already NATURALLY beautiful town. If it adds any weight to my opinion, I have a degree in art and have been a professional photographer for many years. Other than my personal negative reaction to "Gather"(and the other possible pieces previously considered) it is this: 1.) The piece is overbearingly large, 2.) There is no historical or emotional connection to the area or the people of Ashland. 3.) It represents nothing to us who live here, no matter what "meaning" the artist wishes to attach to it! Please, please reconsider this decision. Hopefully it is not too late? Would it hard to oppose and vote against "expert (artistic) opinion < br/>I shutter to think of passing by this giant piece of metal every day! Sincerely, Kathy Hollis Cooper 5 I grew up in Ashland, attended Ashland schools and the University there. My parents used to own Helman Baths in the 50's and the Carey Apartments on Siskiyou Blvd. near the Fire Department. I have seen a picture of the sculpture that is proposed for the entrance to Ashland and even though I live in Florida now Ashland is still my "home" and I greatly object to something so horrendous being put there. Please re-consider. There are many of us in the Class of 1955 who are very outraged about "Gather". Thank you for your time. Dear City Council, Please do not approve of the very ugly art installation being called "Gather." The name itself is nice, but the structure is unsightly, overly expensive, and an affront to the local art community. I do not approve of the way it looks, the cost, or the process that is being used to decide upon its install ation. It will be a very poor choice to approve a huge public installation that is so pervasively unwanted by your own city. Please do not approve of this. Sincerely, Elizabeth Churchill Please vote no on the proposed art installation. The metal sculpture does not reflect Ashland's beautiful surroundings. The sculpture in front of the fire station on 66 is also distracting. It would be better to leave the "Gateway" space empty than place the art piece there. Patricia Turner This proposed monument is out of place ! Ashland needs something more relevant to its history I am a grad. of Ashland High, class 1955. 1 really hope you find a better representation ! A statue of "Old Reelfoot" would be more fitting. He is a stuffed Grizzly bear that was shot many times and lived. Last 1 heard he was in museum in Jacksonville. Doing a good job otherwise ! Sincerely, Raymond Bailey People of Ashland: I moved to Ashland in 47 and moved to Talent in 87. I just heard about you all going to put up a crazy art work by the island in front of the Library.. All I can said, "ARE YOU NUTS??" This would be one great reason to stay out of the town of Ashland. I can't believe you would think of such a thing. God help us all!! Rowdy/Verl e Yates.. . City Counsel PLEASE do not spend money on this ugly monstrosity proposed for the front of our library. We 6 like Ashland just like it is and this "Art Work" will not enhance our city image one bit. Respectfully, Robert Brewer I am in favor of public Art sculptures in Ashland created by Ashland area artists, of which we are blessed to have a plethora of. In addition, I feel this supports our local economy, builds community relations and enhances us as a whole. Especially, if the artwork exudes stories or traits of our unique and desired culture, which creates more point s of inte rests for us and our tourism industry. Though I received information through word of mouth about "conflict of interests" regarding the process around the "Gather" sculpture and have no direct proof, I plead my interest in truth and integrity being a high priority. Please decide in favor of a robustly healthy approach to this item on your agenda, reconsider your decision and choose local artwork. Thank you, Susan Grace I feel that the Proposed "Gather" sculpture does not communicate well or represent the real nature of Ashland. Furthermore, since Ashland is surprisingly deficient in public art as a whole, the proposed $100,000 would be better spent on a number of smaller sculptures spread throughout the down town and perhaps on improvements to the Plaza which is our fo cal point as a community. Also,ln a community as rich in artists as ours is, utilizing a local artist would seem to be very important for any public art. The new gate for the Japanese Garden would seem to represent the ideal form for public art in a community such as ours: relatively inexpensive and displaying values such as local artistry, use of natural and historic materials and cultural inclusivity. It has a simple visual grace that complements the feeling and architecture of our town. Thanks, Will Sears Mimi Pippel lepipswifeacharter.net The Gather art project This piece of artwork looks like a lawsuit waiting to happen, have you even considered this? Has the city had their attorney or even their insurance carrier examine it? Am I correct in assuming that this money must be spent on an art project? If so can it possible be redirected to the Plaza project? That seems to be a concern to a la get popul ation in this community than adding a piece 7 of art. Just my opinion. I'd just like to say "No" to gather. It is boring and lacks imagination. It is also not local. I would support wholeheartedly a reboot-let's reopen the statue quest but limit it to local Rogue valley artists. Some one who actually lives in our beautiful valley and who has talent and vision. The Gather piece doesn't meet those criterion. thanks, Doug Shipley Barbara Schack band fam ,jeffnet.org No to "Gathering" Art Dear Council, There are few, if any, compelling aesthetics connected with the proposed ?Gathering? sculpture?it appears industrial, sterile, monochromatic, and pedantic. I don?t believe it represents any of the qualities we submitted for inspiration. Sincerely, Barbara Schack 516 Herbert Street Ashland, OR 97520 Dear Council, There are few, if any, compelling aesthetics connected with the proposed "Gathering" sculpture-it appears industrial, sterile, monochromatic, and pedantic. I don't believe it represents any of the qualities we submitted for inspiration. Sincerely, Barbara Schack 516 Herbert Street Ashland, OR 97520 Judy Blue Judy ey blue a,gmail.com Ashland Sculpture Proposal How exactly does that represent Ashland? Not my Ashland. Dear Mayor and City Council, 8 I am writing to say the proposed sculpture does not reflect our community and should not be installed. Sincerely, Cathy Egelston 171 W. Nevada St. Ashland, OR 97520 wil thomson tflpn2gwhotmail.com city art ? Dear Council, Regarding the proposed $100,000 statue for the library, if you want Ashland to be known as "junker city" instead of "tree city" go ahead, but here's an idea, take the $100,000 and pay down some of the sewer bond debt. Sincerely, Wil Thomson Mary Hill hillsAoeffnet.org sculpture That is an unattractive and uninteresting sculpture. Sorry that you chose it. I would prefer to see a giant sequoia there, can the money be used for beautification and preservation? Earth art? Thanks for your hard work I'm giving my personal opinion regarding the Gateway Island sculpture proposed by Pete Beeman, which will be the topic of a study session for the council and mayor on Nov. 30t". I've attached his proposal for ease of reference. I've lived in Ashland for 16 years. I feel that the sculpture does not connect to (1) our community, (2) our environment, nor (3) our culture. First, Our community and its economy are not industrial. Second, our environment is better represented by trees, streams, wildlife, and Klamath and Siskiyou hills than by a mechanical,"epic" fantasy of a top-heavy flower. Third, our culture is intensely interpersonal, promoting humanism, the arts, and care for one another, whereas a crank - the sculpture's nod to what people can do for one another is merely formulaic and mechanical. I want a sculpture that reminds Ashland of what makes it a treasured vacation destination, a beloved home, and an inspiration for human development. Mr. Beeman's design doesn't provide that for me. 9 Best - John Scarborough 131 North Main St. Ashland'. OR 97520 Pamela ourshalimian Artofpamelaggmail.com Art for plaza restoration project Dear city council: I love art installations figured in town and appreciate that the city features such works. Unfortunately, I've seen photos of the new proposed sculpture and encourage the city & arts council to vote against. (Rumor has it 2 absentee members voted against via email and there vote was not counted-I hop e this is n't true). The idea of art that relates to us as a community and reflects the natural environment (a hard task that is challenging to sometimes define) is important. I'm not sure how the proposed sculpture represents our community. These pieces of art will reflect generations and must withstand A timeless quality. I'd like future generations to be proud of the choices their forefathers made. I appreciate your consideration and vote against this sculpture. Pamela ourshalimian Margaret E McKinsey margiemckinseyggmail.com proposed art project I am opposed to all three designs that were selected to be installed across from the Fire Station because they are too modern, too large and too distracting. I like the tree that gets decorated every year. I feel that something more in turn with nature ...deer, fish, nature themed would go well. The 'face' sculpture across down has alwa ys puzzle d me...thought it was a logo for a business. Gary Shaff grlshfajeffnet.M Proposed Sculpture This is looking like another Plaza train wreck. Please reject the "Gather" sculpture, regroup and make a fresh start. A $100,000 investment should garner widespread citizen support. The current proposal falls far short of that standard. 10 Dear Council - PLEASE reconsider the sculpture design for this gateway to our lovely, artistic town! It would be a grand statement to use a local artist or group of artist, and to install something lovely and recognizable rather than industrial-appearing. Ours is not a city of industry as it was when I was growing up here; ours is a community of artists. Isn't that the best message to send? WE BLEW IT ON THE PLAZA; LET'S NOT FORGET THAT COLASSAL MISTAKE. LET'S NOT REPEAT IT. Respectfully, Priscilla Saul To the Ashland City Council, There has been a lot of controversy regarding the design of the proposed sculpture for Gateway Island. I would like to bring to your attention a very important detail about the proposed design that has been overlooked. Based on my background in engineering, I can tell you that the structure depicted in the composite image of the proposed sculpture could never be built. A steel structure, as depicted in the image, would not have enough strength to hold up its own weight, let alone the inevitable additional weight of 10 people climbing on it. If this project proceeds as proposed, it is quite certain that the resulting structure, once fitted with the bracing and support that will be necessary to stand under its own weight, and the weight of people climbing on it, will look nothing like what is depicted in the image. If there is controversy about the design before it is built, there will be outrage after it is built and either collapses, or looks significantly different, and uglier, than what has been proposed. I have talked to members of the selection committee about the question of whether engineering has been done on the proposed structure, and my understanding is that the artist has only contacted an engineering firm who has agreed that they would be able to provide engineering services on this project, but that the engineering has not in fact been done. Before moving any further with this project, I urge you to invest in a structural analysis of the proposed design. It will most likely render the entire discussion moot. Dan Fellman Ashland Marya Jansen-Gruber marya a look in glassreview.com Gather sculpture I find it extraordinary that the city feels it can put up a sculpture that so many people are apposed to. I believe the selection process for the sculpture was flawed, and the chosen sculpture neither 11 represents this town nor its people. Why should we have a contemporary piece of art in a town that has a more 'historic' ambiance? The sc ulpture w ill look out of place and I can guarantee that many of Ashland's residents will grow to hate it. I urge you to rethink this project and to give the people of Ashland the opportunity to chose their own community artwork. Amy Haptonstall haptonstall.amy(i gmail.com sculpture Does the public voice carry anymore? All I have heard is opposition on the sculpture and the commission still gets away with pushing their own agenda. There are many other ways to spend OUR money. Due to the high volume of public opposition many as myself were fooled that we would be heard and the whole idea was out the door. Just wait, here comes mo re nation al news on a silly Ashland story, this time the debate over display of a giant bingo basket. Melissa Abbott abbottmelissa03Agmail.com Gather Sculpture Please do not put that sculpture across from the fire station. It looks like a hamster wheel and does not go with the beauty of down town. And it's not even a local artist. This is disturbing. Quit ruining Ashland please. Thanks. 1-11-2015 council@ashland.or.us I just read the piece in Sneak Preview on the proposed "gateway" artwork to be installed on the entry to downtown Ashland. I have a great deal of respect for the process that was used to call for art submissions, but it seems evident that the public did not get enough opportunity to voice their opinions on the topic. My initial reaction to the proposed art installation is a gasp. We have a traditional, yet forward thinking art centered town with a strong sense of community. I don't think a steel mesh torus elicits the feel we or others have for our community. The abstract torus strikes me as industrial, sterile and without any of the organic leanings that make up our town. Please consider going back to the drawing board to find an art piece more immediately heart warming and organic, that doesn't require an explination by the artist to figure out what it represents. One look should suffice to make the connection between the Ashland we love and the art that represents it. One look. 12 Stephen Bosbach Ashland, OR gary shaff band fam jeffnet.org Gateway art The City should reject the proposed sculpture. It is incongruous w/ the setting, would conflict w/ the surrounding historic character of the downtown and the Carnegie Library, and would quickly become an eyesore. Please don't plaza-ize this part of town. Plant a tree and be done with it, or relocate Iron Mike to this location. Alice Mallory amalloryc,dslextreme.com The Gathering: Full text of remarks delivered at Council Meeting 10/6/2015 I am not a member of any Commission or public lobbying group. I speak as an individual, although I do represent the thoughts of many with whom I have had conversations over the last many weeks since the selection of The Gathering for installation at the south(east) gateway. i woul d like to ask the council to please reconsider the placement of the Gathering installation. In my view this large contemporary piece might be best situated on East Main, on the grounds of our city govermnent offices. Here, this work of art would complement the contemporary architectural style of the city offices, and could become a symbolic invitation, welcoming people to the civic center the gathering place of our local government. This location would provide a home for the Gathering in harmony with its theme and size while expanding Ashland's reputation as an art community beyond the downtown periphery. Also in my view, the historic core ought to be preserved as an area apart from the contemporary, urban areas of town (which areas, if extended further into downtown would contribute to making Ashland look like ANYTOWN USA). I can envision the gateway as a place of departure from "Anytown", announcing an entrance to the historic core. Accordingly a work of Art at the entr ance migh t reflect the many things that bring people here from theater, to natural beauty to big-town amenities-in-a small-town atmosphere, to recreation opportunities and home-grown local agriculture. At the other end of the historic core is the entrance to Lithia Park and the steps leading up to the Oregon Shakespeare Festival. Here is the Plaza the other gateway to the unique character of our town. It is this character that brings people here to visit, and has them return again and again because they can't get enough of what this unique place offers. It is this character that I brought a wave of new residents here during the building boom of the 1990's and 13 early 2000's. And it is this distinctive, idiosyncratic, peerless small-town/bigcity atmosphere that deserves preserving. I would also like to mention that I am one of many who would like to have seen, for this partcular project, a vigorous recruitment of (and selection from) the multitudes of local artists who live, wor k and create in the Rogue Valley and Southern Oregon. Imagine having the work of a local artist welcoming all who come to this town. And finally, I would ask the Council to please consider delaying the decision for final placement of the Gathering, and inviting further input from the Historic Commission. I am aware that the process was set in motion several years ago. However, given the division of opinion regarding the recent reccommendation, and the $!00,000 price tag for the project, it is apparent that more time is needed for input and consideration by individuals and the commissions that represent them. Thank you for considering these points of view. Alice Mallory Sylvia Medeiros lands Jeffnet.org Public Art piece I respectfully want to express my concern about spending $100,000 on a piece of artwork that was not approved of by us, your taxpayers, plus was not even created by a local artist. Isn't that what Ashland is all about ...art? So please please ...if the money must be spent on art (instead of pumping up the poor SOU), go local. thanks. Claudia Michelli michellicl Ayahoo.com Public Art Please consider when you are voting tomorrow that the proposed sculpture for the Gateway is completely out of character with the feel of our town. I also ask that you take in the recommendations of the Historical Committee in making your decisions. Thank You, Claudia Michelli 14 Barbara Hinds keseydog_gopendoor.com Gather I think the Gather sculpture should have had input from the Ashland Historical folks. Besides that, it seems very unnecessary and expensive. I am more in favor of spending our tax dollars on the local community and not just having to come up with something to spend it on like this. If everyone really liked it - then fine, but a lot of people don't like it. Af ter all, it comes from our tax dollars. I have an art background (degree from an urban college) and i do appreciate the time the art commission spent on this project but 1 don't agree with the idea that Ashland has to have something "that we don't understand". Even in Seattle and San Francisco there are plenty of art projects that reflect the environment and history. This is just another thing that reminds me of when people have to buy something just because it is in the budget! Holly Freeman Dolcespirito1976 a,hotmail.com New proposed art sculpture This proposed modern art sculpture is not fitting with the charm of our town. The arts commission is proposing their own views, not the views of the majority of the people in Ashland. We need more trees and greenery, not hard metal, cold modern art. Certainly the money can be more wisely spent than making our plaza cold. Use the mon ey to put in some nice, charming old brick style pavers that blend with the theatre 's pavers and some big potted trees. David Sherr davidsherrnaol.com Proposed "Gather" sculpture Re: Tidings IN OUR VIEW: History for history's sake The issue is not whether any contemporary work of art will suit our Downtown Historic District, the issue is whether "THIS particular contemporary art is suitable for our Downtown Historic District. If "contemporary" downtown public art installations are to succeed, they must also emb ody the s pirit and feeling of our Historic Downtown District. For example, the Calle Walkway has many contemporary touches, yet it succeeds in beautifully referencing the Historic District. For too many here, this proposed work does not. Had the Public Arts Commission only deigned to engage the community and the Historic Commission in a collaborative process with the collective historic "memory" of our town as a reference in the first place, instead of marching to 15 its own tune, we would likely not be in this community-wide controversy today. The same mistake was made in the process of our Plaza's design, with the ensuing controversy. Embracing the future does not mean we must abandon the past. Fault lines in the process of public art and public works creation have caused these tsunamis. Paul Steinle Pau 1. stein leA,,gmail.com Main Street/library plaza Why not bring back the OSF menu Board of current productions. It was there for years. It was functional, it emphasized one of the town's greatest assets, it has historical significance and it was unobtrusive. Keep it simple. John Williams AshlandJohnoa~gmail.com Gateway Island Sculpture Hello Mayor and Council, Most of you know me for my city commission/committee work, but in my non-government work I'm very involved in the art world. I formerly owned a design firm for 15 years which won multiple international design awards, have been on the Board of the region's largest and oldest community arts foundation for 5 ye ars, and still co-own 3 online design software companies, including MustHaveMenus in Ashland. I'm writing about my huge disappointment with our Ashland Public Arts Commission over the past couple years in general, but more specifically their recent recommendation for a $100,000 sculpture for the "Gateway Island" at the intersection of Siskiyou and East Main. Art is subjective, of course, but only in one dimension. A wide variety of empirical factors should go into public art. All 3 of the commission's finalists submitted gorgeous sculpture designs... which would look beautiful in the right context. However, I believe none of them belong on the streets of Ashland. I believe the commission's values and vision do not reflect the values and visions of Ashland. The Project for Public Spaces, a non-profit organization which has helped design over 3,000 public art spaces in the US, suggests 5 criteria for public art in addition to the obvious issue of structural fea sibility: 16 --Relevance of the piece to the building or city, its values, culture, and people; --Suitability of the work for outdoor display, including its maintenance and conservation requirements; --Relationship of the work to the site and the host community, especially how it serves to activate or enhance public space; --Appropriateness of the scale of the artwork; --How closely the proposed artwork meets the goals set out in the RFP and envisioned by the community. Dealing strictly with facts, I think one could easily argue that the final piece recommended by the Commision, "Gather": --Does not reflect anything in Ashland's history or culture --Does not reflect Ashland's natural landscape: trees, rivers, mountains, wildlife --Does not reflect Ashland's rich architectural heritage --Does not incorporate Ashland's key community and visitor values: theater, outdoor recreation, small town living, technology innovation, tourism, and sustainab le living --Was not created by a local artist On a strictly artistic level, the piece is more appropriate for an urban, industrialized, cement city square, or the lobby of a large bank. This sculpture looks completely out of place for Ashland. If you look around at comparable cities in the U.S., you will find that the well-loved, award- winning public art installations are those which reflect the values of the town. Many award- winning public art pieces are very modern, like the Boulder, CO Library, and abstract, such as "The Wave" which graces Canon Beach's downtown. But they reflect their communities. I would be happy to send photos to illustrate this point. Ashland has its own examples of excellent, beloved public art too, with Russell Beebe's "We Are Here" bronze totem sculpture, the gorgeous river rock wall along the bottom of Lithia Park, and the recently created Pacific Fisher sculpture. 1 have not been involved at all in Ashland's public art: proces s, and ha ve no idea how "Gather" was chosen or discussed, but 1 would caution the Council against stereotypical artistic suggestions that Ashland's public art needs to be "modernized" and that people need to be "challenged" or "shaken up" by public art. These are often euphemisms from people who do not understand public art, and who have a particular personal agenda or artistic sentiment they, wish to impose on their community. Public art should be a reflection, enhancement, or hyper visualization of the Commission's community, values and its visitors, not a controversial, obtuse "statement". 1 urge you to reject the Public Arts Commission's suggestions for the "Gateway Island" and send 17 them back to the drawing board after significant public engagement. Moreover, the public should be largely aware of the process before it begins, not after it's completed. Thanks for everything you do! Respectfully, John Williams Laura Rose laura.mcveeLa gmail.com Gather Riding my bike by the fire station multiple times daily, and having lived in Ashland since a teenager, I am truly taken back by the design chosen as a centerpiece for the Gateway Island. It does not look like something that belongs in Ashland, is FAR too expensive and USELESS! Why don't we put up an intricate sculpture of deer, or something that represents or de Picts Ash land or the surrounding area? better yet, a functional art piece made by REUSING or RECYCLING items that would otherwise be thrown away? An item that would demonstrate creativity as well as sustainability and PROGRESS? Looking forward to your reply, Laura Liz Schmidt liz cn.r oranicandhealthy com Metal Sculpture for Gateway Island Why in the world would a small city such as Ashland spend $100,000 taxpayer dollars on A GIANT SLINKY? The city's artwork should be congruent with our values and historical context. It should be reasonably priced, attractive, and created by a local artist. The sculpture chosen by the Public Arts Commission is none of these. Pleas e do not approve this project. I am so glad the commission backed off of it's gateway island recommendation. Gather is entirely too large for the space and is lacking in meaning or context. The piece that is placed there should have a thematic connection to the the town of Ashland. There is plenty of inspiration in Ashland and the Roque Valley. Gather draws from nothing and, for me, would be an eyesore. I am suspicious that one strong personality on the arts commission rammed Gather through with their ears plugged against disagreement. How about a piece that draws on railroad district or pear industry history or the American Indian communities in the area. (By the way, I am stilled miffed that the county chose to rename Dead 18 Indian Rd., Dead Indian Memorial Rd. What idiots. It should go back to what it was known as before dead indians became an issue; Indian Market Rd. ) End of rant. But please include the populous in any further decisions about this important piece. Publish entries in the Tidings and let the readers respond. Oak Hill Berl & Breakfast Tom Holly Freeman DolcespiritoI976(ci).hotmail.com New proposed art sculpture This proposed modern art sculpture is not fitting with the charm of our town. The arts commission is proposing their own views, not the views of the majority of the people in Ashland. We need more trees and greenery, not hard metal, cold modern art. Certainly the money can be more wisely spent than making our plaza cold. Use the mon ey to put in some nice, charming old brick style pavers that blend with the theatre 's pavers and some big potted trees. September 22, 2015 Dear Public Art Commission: Just finished reading the article in the Daily Tidings regarding your Committee's work on the large art piece you had commissioned for $100,000. 1 am really sorry for your Committee. You've been saving this TOT money for years for this purchase. I can imagine the artistic fever to find the right artist and the right process.... But you know what..... This showy display has left your town folks very uncomfortable, more like unnerved. 1) $100, 000 commissioned for this art? Ughhhh 2) $100,000 commissioned to someone in Seattle? Really?? No artist in the Rogue Valley could meet your standard and enjoy this benefit? 3) Such a waste of generous resource. There are so many possibilities for this money that could actually impact and help families in our wonderful community! AND YES! Spend it within the City's "tourist industry" guidelines! 4) Why would you, as representatives of our town, have us believe this is the right way to spend $100,000 when we already own broken art we want fixed. What of the historical or current art that is in need of repair?..... The Fountains, the Plaza, Lithia Park, Lincoln, Iron Mike, and a handful more. Should I go on? 19 I am sorry, but this project is really wrong and needlessly expensive. I do not support it, and I find it very unfortunate that this Committee didn't take the money and apply to our current broken art..... You guys would have ROCKED!! You could have been Our Town heroes! Everyone would have cheered you on! But instead, we have this. Sincerely and with friendly intent, Marcia Frey Rare Earth ronald smith servsafeguy@yahoo.com poor choice in art I'm sure I have nothing different to say than most who number one thing that that piece of art is crap and w you need to get a vote out on stuff like this. Anyone remember when we tried to make the plaza Italian. Just as ridiculous and just as unscrupulously done Jeff LaLande imaxlalande @gmail.com Public Arts Commission selection and its selection process for the "Gateway Project" Dear Mayor Stromberg and Members of the Ashland City Council: I just read George Kramer's September 19 opinion piece in the Tidings concerning the process (or lack thereof?) that the Public Arts Commission used to arrive at the selection of the Gateway Project's piece o f art, ti tled "Gather." In hopes of making my letter briefer than it otherwise would be, I want to state that Mr. Kramer's letter is right on target, and that 1 fully agree with each of his very cogently written points. In addition, my very sincere hope is that the re-visiting of this decision is not simply the PAC's way of letting "the controversy die down and go away," and then returning later to reinstate the original decision. That is because the Commission's approach to this Gateway project has been unfortunate and ill-considered in various ways. These include the PAC holding an open house for those of the public who'd heard about it and then making its decision the following morning, as well as specifically cutting other public entities - the City's Historic Commission - out of any 20 role in the selection/decision process, even if that role was simply advisory. This approach would indicate a somewhat (and, one would hope, unintentionally) elitist, "we know best" phi losophy. Such approaches can often backfire - as I believe has happened in this case. Certainly, in the realm of public art, any selection process is fraught with pitfalls, and many such decisions are met with controversy and disagreement. This is often unavoidable simply because we human beings have so many differing and conflicting opinions about what kind of art might be proper for a particular site. In that regard, almost any PAC's job is an unenviable one. And, yes, a community's public arts commission by definition as an appointed commission must have expertise and perspective that often are not shared by the bulk of a town's population. That's to be expected. Please understand that I'm not writing this as some "aesthetically challenged philistine," one who might have preferred selection of, say, either a clearly recognizable human figure as a sculpture or nothing at all. (1 have several pieces of original, non-objective/non-representation al artwor k hanging in my living room. I love much of what people back in the day used to call "abstract" art.) However much I hesitate to sound harsh, this particular piece of non-objective art at least for Ashland and for this location seems to me very much out-of-scale, ostentatious, even bombastic. Speaking personally, I believe it's an inappropriate and unfortunate choice. But then, that's simply my own opinion. I suggest that the Ashland Public Arts Commission, other than having the word "public" in its title, has not really considered the wider public in its decision. I urge that it be directed to back up to the starting point and do its due diligence, part of which means including the Historic Commission in the process. Thank you for your time and your consideration. Sincerely, /S/ Jeff LaLande 495 Chestnut St. 48, Ashland Carole Julyan carole jul an ,gmail.com Hideous sculpture 21 Please have a heart for Ashland and its people. You already gave us an ugly plaza makeover. Now give us a resounding NO, NO, NO to this hideous sculpture! Donni Lockridge kind ergarden.medford(a~gmail.com sculprure choice my first impression is not a positive one for Ashland. Sadly, it looks like a giant desk fan. Linda Novak leenalumind.net a gmail.com Spiral donut across from fire station. Please don't do it! Thanks! Linda Teresa Arcangel tarcangel(,gmail.com Zoccola Art at Gateway Island I was born and raised in Ashland. I don't live there right now, so maybe my opinion doesn't matter, but I do hope to come home to live and teach in Ashland soon. The sculpture by Susan Zoccola, which is intended for Gateway Island, is an interesting work of art, but in my opinion it will be very much out of place in that setting. Someth ing that represents the history of Ashland (or the Shastas of pre-Ashland) or even some lovely trees would be much nicer. Ivan Collver ivane.565agmail.com Proposed Atr Project. Your two proposed designs do not fit in Ashland. I would rather see a 35 foot Wigwam Burner than any of the proposed designs. At least it would be something relating to Ashland. This sorely needs to be put back into committee. Even a pair of those waving tubes driven with a fan at the bottom and designed to look like a Redwood Tree would be b etter tha n the slinky looking fan cage. 22 Joanie Keller-Hand ikellerhand(?gmail.com Please do not approve the Public Arts Commission's Recommendation Dear City Council Members, After reading the article in the September 15, 2015 Medford Mail Tribune about the 20-foot wire sculpture that the Public Arts Commission is recommending for placement in the Gateway Island, I am writing to express my concern. With all due respect to t he artist and her process, why would the Ashland Public Arts Commission select an artist from Seattle when we have a valley full of talented artist? Artists who live here, work here, and understand the heart and soul of Ashland! Being "crazy about Ashland" and taking a bunch of photos can not possibly capture the pulse of our community, as evidenced by the proposed sculpture. How does a futuristic bingo ball cage represent our unique and historic community? While serving on the Friends of the Ashland Library Board during the library's expansion, we placed the historic integrity of our Carnegie library as a first priority. So I'm also concerned that this big, modernistic sculpture will obstructed, and/or overshadow, our view of the library, as well as detract from the view looking out Of the library. Finally, the citizens of Ashland deserve to have a say in an art installation of this size and permanence. City Council members, please do not approve the Public Arts Co mmission' s recommendation. Instead, begin a public dialogue about an art installation that truly represents our community. Thank you. Joanie Keller-Hand Sandra L Franklin dspfrank.W. integrity com Sculpture Chosen for Plaza You guys aren't really serious about putting that horrible sculpture on the plaza are you? I grew up in Ashland what the heck is going on there??? Preserve some history and stay in theme with the historic plaza!!! What happened---did too many progressives move in and take over? That thing looks like a fan or a wormhole out of a sci-fi m ovie. SO SAD ASHLAND HAS COME TO THIS. 23 Marla Deere msbdear omsn.com metal sculpture? please don't do it!! I know I don't live there anymore, but the piece you have selected doesn't in ANY way represent the Ashland I grew up in, back in the 50s-70s. there HAS to be something better ...or just leave the plaza as it is!! hope you get LOTS of emails and letters saying NO to that!! Aaron D Cruz Garcia unleaded ink(j ~gmail.com The "gateway" art installation I am writing simply to state that I too do not care for the art piece selected to be installed in ashland across from the fire station I'm a local resident, illustrator, and parent - and would prefer to see a local artist featured. Morgan Ward tulipsored ,gmail.com Sculpture Please fufill your resposibilities to the community and allow the people a voice in your decisions regarding public spaces. What was done to the Ashland Plaza is abhorrent, horrifically unappealing not just to those that live here but to the vast masses who choose, repeatedly, to visit us here. This modern sculpture wont reflect our local abundance or flavor in any wa y, especially because it is not even a local artist whose work is being xonsidered. I hope you will bring this meeting forward and allow the local people to be heard, and that when they are speaking, you listen. It seems to me like an outrageous amount of money to spend just to result in loosing favor with the community and tourists. Thank you for your consideration, and I look forward to hearing from you. Jeff Mitchell jeff(a thisnicehouse. com The Ashland Public Arts Commission Sculpture It looks like a 20' high anus. I hope you (the city council) all have your photo taken next to it so Ashland residence can have something to reference you all by. ruth ainsley 24 ruthieainsley gmail.com Ashland art How about art that speaks of Ashland? Like a sculpture of a stand of trees, or real trees or a perfect sculpted tree? That exercise wheel you proposed is not vaguely related Ashland and what she stands for. Matt Matthews rnatthews t mind.net Ugly expensive sculpture The proposed sculpture for the island across from the Fire Station is not attractive and seems to me to be a wasteful expenditure. I'm a 4th generation Ashland native, and I want my money back. Respectfully, Matt Matthews willow murawski willowco ote Ayahoo.com Gateway Island Sculpture The proposed metal donut sculpture screams "look at us, we collected a crapload of money from hotel taxes and aren't we artsy?" It says absolutely nothing about our community. This instead: a larger than life size statue of Angus Bowmer. He is wearing iconic Elizabethan costume with one arm raised in welcome and holding a Tony awar d to his chest with the other. The pedestal is designed to allow one to climb up and stand next to Angus for photos. Angus is designed with a place for his upraised arm to hold a flag which is set for special occasions (American flag on july 4th, OSF flag on opening day of the festival, SOU or AHS flag when they are in a sports championship, etc.) This statue is created by a local artist. Every tourist will want to want the ENTIRE length of Main Street to have their photo taken with Angus, which is great for all the businesses. Diane Kish dmk895(cjive.com Gateway Sculpture I think the gateway sculpture is hideous. What does it represent? It's too contemporary. A wormhole to an interstellar destination??? Could the residents have 3 or 4 to choose from to vote on? Please don't erect what looks like an old fan. Does it represent Ashland or Oregon? How 25 about something that represents outdoor living, hiking & biking, fishin g, boatin g,learning, culture, mountains, lakes, forest? If people can't relate to the 'gateway' piece how welcoming do you think it feels? Not at all. How will it affect the Christmas Tree? Back to the drawing board, and don't over think it. Look at the bronze sculptures at Taprock Restaurant, Grants Pass for inspiration. Darci davis Darci.davis a ate. corn art for the welcome island. That is ugly. Looks like a the cage on a fan..... And it should be a local artist! Will Sears WiIICSearS a mail.com Gateway sculpture While I am all in favor of public art in Ashland, I am again dismayed that such large and expensive projects, which effect all of the citizens, are embarked upon and decided upon with little or no public involvement, approval or feedback. We live here too, have elected you to represent us and provide the money that you fund these project s with. < bri>The public needs to be consulted, met with repeatedly.and allowed to provide a general sense of approval for how our money is spent for "beautification" projects such as this. This same type of attitude is what created the unhappy mess that the plaza project became. The general buy-in of the community is an essential element of a healthy and well run city government. Please do better in the future. Thank you, Will Sears Amy Haptonstall haptonstall.amy(:a2amail.com public art We are known as a city of art. Refuse imported art, there is bound to be acceptable art created by at least one Ashland native or resident. Or, how about we spend $100,000 on something more useful like our housing crisis or taking away taxing us for maintaining forest service(federal) 26 land. Samuel James III samtrippiamesAgmail.com new sculpture I'm sorry but spending $100,000 on a piece of metal? What about spending that money towards a better shelter for homeless veterans? Or even homeless teens and young adults. Don't waste money on objects when there are living beings in need of help. Carol Brockfield carol. bfieldAgmaiLcom Public sculpture There are so many find artists in the area,why not support them with your commission? Disappointed residents want this sculpture to have some connection with Ashland. I don't think it's ugly, but does it represent Ashland in any way? Not that I can see. It's kind of an insult to go abroad to find someone to do a public artpiece. Elizabeth Austin mycoachAmind.net Gateway Art Project I urge the Council to reject the Public Art Commission's proposal of "Gather." I attended the public presentation/ exhibit of the three finalists for the Gateway Art Project. Only one captured the essence of Ashland: Roger White Stoller's "Ashland Helix". I would be proud to see it daily, to show it off to everyone. One of the attendees co mmented: "we have never had such a beautiful work here." 1 agree. It is time we do! Stoller's Artist Statement reveals how in tune he is with the nature of Ashland. Read it! Look at the illustration! On the other hand, Ms. Zoccola's proposed sculpture is weak and loosely related to the history and values of Ashland. The comments made about her work were mostly concerns about the safety issue: the 20 ft. sculpture would invite climbing, with the probability of kids falling, and no safety net. Another issue is that although she recommended LED lighting for her project,she did not include it in her proposal. 27 The third proposal by Pete Beeman was a novel interactive sculpture. It is attractive in its own way, but doesn't strike me as representative of the depth of the spirit of Ashland. There was concern for safety expressed by the public attendees. Its moving parts would require annual maintenance. The artist himself stated it would withstand use and elemen is for "d ozens of years." That doesn't sound durable enough to me. Of the three proposed sculptures, one clearly stands out: Ashland Helix. What puzzles me is how the Public Art Commission could arrive at the decision they made. Finally, I appreciate the effort each of the artists put into their submission. Each put forth their best effort and made a sincere attempt to depict Ashland. Thank you for reading this. Elizabeth Austin Kimberly Avelyn Era OhsogladAgmail.com Sculpture Please do not install this sculpture. It is an eyesore not unlike the "profile" by the other fire house. I'm wondering at the make-up of the committee overseeing sculpture choices. Kristin Abbott kristinAleffnet.org $100,000 mistake That sculpture the City's going to spend $100,000 on? I protest. Strenuously. It's really REALLY ugly. I seriously question the taste level of whoever picked it. I'm guessing you didn't have much to choose from. Anyhow, skip it altogether. Reallocate the money to FOTAS so the dogs and cats in the shelter can have a better life while waiting to be ado pted. Or give it to the food bank so they can stock up. People and animals are suffering here, and you want to spend $100k on a giant, rusty fan. I know these are restricted funds, but some rules need to be changed, and this is one of them. Respectfully yours, Kristin Abbott. Alisha Smith alishads80kgrnail.com 28 Sculpture This is an atrocity and does not represent the quaint yet dynamic town we live in. Seriously, who is in charge of the aesthetics of this town needs to be fired, the Plaza is terrible and does not match the historical feel of the downtown area and now this! Steven Bright pastorbright(a gmail.com Gateway project As a citizen of this fine town I appose this hampster cage sculpture and feel that we as citizens should have a say as to what will represent our town Renee Miereanu Smoking~ends a,gmail.com Proposed metal sculpture across from Fire Station I am not opposed to more art in Ashland but not This proposed sculpture! Why? Because it is ugly, does not represent our precious village and our values here in Southern Oregon in any way shape or form, it's unbelievably expensive, and is not done by local artists. Please stop this from going any further and put thi s money t o better use. Support local artists to beautify our community. Debra Waldon RusticHillbillygwildblue.net Gateway Island Sculpture $100,000? For the ugliest thing ever? It looks like a Slinky with the ends together. 1 can't believe it's even a consideration. Heather Loring Hdzamboni(2(yahoo.com Art work installation I am not sure what it is called, the art proposed to go in across from the fire station, but what about a tree? $100,000 seems like too much money for something most of us will drive past. A true town improvement would be finding a way to help get more of the homeless off the streets. 29 Julia Rowland Stewart,i uliagoutlook.com Art piece for the center of town. Although I like the idea of putting a beautiful art in the center of town, I do not believe that this chosen artwork is the right one for our artistic little city. I don't believe it depicts what Ashland is all about. Ashland is organic, and artistic, and beautiful. This metal sculpture looks like a fan from the 50s. Why not ha ve the sa me artist who made the beautiful rock sculpture on the stairway going from Granite Street down to Guanajuato way make a nice organic piece of art like that one. I feel it would better depict to Ashland is all about. Kelly Harding subshinedesi nme ,gmail.com Sculpture I saw that you would like to purchase a new sculpture for the city, I suggest you hire a local artist to make a sculpture and keep the money local. thank you for your atrention. Kathleen Hildreth Khildreth54gyahoo.com Public 'Art' Please don't put this thing up. It will add nothing except perhaps confusion to anyone looking at it. Amusing critiques notwithstanding, there has to be a better way to spend $100,000 in our town. I'd rather send it to a refugee camp; not the sculpture, the money. The refugees are traumatized enough. Trina Sanford TrinaCobbSanfordAgmail.COm NO to the Art sculpture in from of Ashland Library Dear City Council, It has recently come to my attention that you are considering an art piece, an ugly art piece, for our downtown area that has been created by an artist who resides in Seattle. 42 yrs ago I was born in Ashland. I have grown up here and watched it transform and morph into wha t it is t oday. Sadly, I feel it's changing in a negative way. 30 Our once beautiful little town who was over flowing with children and families, is now struggling to survive the ups and downs of the economy, the infiltration of the welcomed homeless, the trash of "free" offerings on almost every street corner and so on. This is NOT the Ashland I grew up in. Now and then I read or hear of Ashland residences supporting one another, buying local, having a strong sense of community and yet, when it comes down to it, those all seem to just be words. There's no real meaning behind them. When you choose to go out of our city limits to purchase art or any other good or service, you are betraying the people you say you are representing. For this, you should give up your position on the council as frankly you are not doing your job. Art is known fro being controversial. I for one cannot wrap my head around how one could choose an artist from Seattle who only visited a nd took pictures of our area as inspiration for the metal sculpture that has been created. Ashland is known as a community frill of talented artist who's hearts and souls reside here. They aren't visiting. They LIVE here! Shame on you for not "buying local" when given the chance. That said, why is an art piece even being considered for this location when it's very possible that not all members of our community will agree with it? At one time a big beautiful tree stood there. Mother Nature, the most amazing and talented artist there will ever be created something, and can recreate something, to fill that space. Have you considered giving her a chance? This fan looking sculpture in no way represents Ashland. If you want to go deep, to get real with your representation, why don't you go around town (weekends are usually best), pick up all the "free" offerings on the corners along with all the homeless etc and pile THAT on this plot of land for all to see? That w ould seem to represent the new Ashland in a much more realistic light. OR! make a better choice. Work to clean up our community. Support it. Help it grow in a positive, safe and beautiful way. I for one vote NO! on this art piece. I already try to avoid downtown as a result of its lack of parking and the sidewalks being littered with homeless who heckle and beg for my hard earned money or left over food while I am holding my children near. This art piece at the entrance of downtown would become another reason to stay away. It's heart breaking and extremely frustrating to see how this town is changing. 31 For everything this art piece represents you should be ashamed. Linda Detweiler lindadetweilerAmsn.com Metallic sculpture at Gateway Island Please do not approve this metallic sculpture. It does not represent the area well at all and it does not fit in with the Ashland culture of providing local support to the area by supporting a local artists. This is not something that is appropriate or attractive for the area. If this amount of money is to be spent on publi c art pie ase there is mcuh better ways to do this that will benefit the area! ! Please have them go back to the drawing board and try again!! Very disappointed in the choice!! Nick David nickymono cr,gmail.com Gateway Island Sculpture Greetings Counselors, Please do not approve the purchase of this piece of art. Although it may be nice art, it's not suited to the interests of Ashland. I know you have already committed to spending 3% of the lodging tax on art for tourists to look at, and I'm not necessarily opposed to that. However, you may consider COMMUNITY input on the i ssue before causing another tragic, albeit first-world, problem for Ashlanders to complain to each other at the Co-Op about. Thanks for your time! Nick David James di Properzio Properzionjeffnet.org Public Arts sculpture I oppose the framework donut sculpture proposed for the space in front of the firehouse. 1 find it dated in style, unappealing, and a terrible allocation for $100,000 of public funding. After the fiasco of de-beautifying the Plaza, we need to do a better job with the aesthetics of our public spaces. 32 Sincerely, James di Properz io Melissa Irish-Miller miss a me.com Art Installation Dear Council. Please reconsider spending $100,000 on a sculpture made by a non-local artist to represent our town. We DO NOT need a giant metal sculpture of a (fan?) in our town. We need trees, grass, more parks and safe areas for children to play. Please do not approve this sculpture. Plant a tree and spend the money elsewhere. If you must have a sc ulpture in that location at least use a local artist. Sincerely, Melissa Irish-Miller (full time Ashland resident) Shannon Burruss onegruvychic(a maiLcom AshlaND Sculpture While I'm not against the idea of a sculpture I'd like to protest the commission of a nonlocal artist to produce it. We are very fortunate in this town to have a myriad of wonderful and talented artists. As a member of the Ashland Community 1 would formally like to request the commission of a local artist for the new sculpture, thereby encoura ging the city's buy local attitude and also keeping funds flowing through our local economy. Sharon Bolles sebolles(r~g nail.com Gateway Sculpture Please use much of the $100,000 for something more beneficial to the area, and commission a piece of art by a local artist! Brian LeBlanc hisnameisbrianjLa]gmail.com 33 Art Installation ATTN: MAYOR Here's a link I would encourage you to go visit, it's a long thread about the proposed art installation that I'm hoping you've heard about. With the amount of local renowned artists in this area and their connection to the nature and values of this community, I'm amazed that this is even an idea. Anyway, the link has some fairly prominent locals' opinions and ideas for you to consider. Please take the time and check it out, maybe even leave a comment or two, I'm sure we'd all appreciate it. https•//www.facebook.corn/TheA sh land PIazaRestorationProject/photos/a.428981923936329.107 3741828.428396960661492/522523514582169/?type=l &frefinf Kimberly Meyer-Rooklyn kim.rookl Ly gmail.com Gateway Island Sculpture I recently saw the article about the proposed art installation for the plaza in front of the fire station and would like to share my impressions. I do not see how the selected sculpture represents Ashland, the Rogue Valley, or the Northwest. Other than its title, "Gathering", the piece seems very cold and uninviting. Ashland for me is about art, music, theatre, nature, foliage, parks, family, deer, bears, birds, hikes, biking, shopping, eating, community, education, and more. I just don't get how "Gathering" demonstrates any of those valuable things that Ashland is for me. Thank you for the opportunity to share my thoughts. leslie caplan coura eoushearinmotionoy iom Public Art Installation I strongly oppose the decision to choose a non-local artist for the public art installation. I know our community would prefer our tax dollars to support local artists. I would love to see and feel Ashland take that same position, to keep the money close to home in support of this amazing community. If you read social media rega rding thi s issue, you will see hundreds, and probably more, people who are horrified to thing that the city of Ashland will choose the ferris-wheel looking piece instead of finding a local artist, or a collaboration of local artists to adorn our city with. KATHY & JOHN WILSON jkwilsonl4 ayahoo.com Wind Fan Sculpture 34 Is it a giant hairbun? Is it for boating in the everglades cuz that's what this pie looks like, see the water grass standing there with the big fan going? Or maybe just a giant fan. Seriously, what must you be thinking. I can't even fathom this in Ashland. Maybe somewhere in LA or NY, but no, just no... Maureen Sever maureenclaire a,opendoor.com Public Art City Council, As an Ashland resident for over 40 years and a graduate of SOU with a degree in Fine Art, after viewing the proposed Art Installation to be installed across from the Fire Station, I believe it is inappropriate< and am strongly against its purchase. It would be $100, 000 very poorly invested. Please purchase something from a local artist th at actually represents Ashland as a Community. Mitzi Miles-Kubota mitzimileskubotaLgmail.com Proposed Gateway Sculpture Tell me it's just a bad dream that a giant Slinky will be adorning the gateway to downtown! It's hideous! It's silly, it says NOTHING about our town, and it's going to end up covered in shoes or yarn or other such adornment that the city will have to pay people to remove over and over and over. It just cries out to be made fun of. Nip this project in the bud NOW, and save us all a massive amount of embarrassment! brett geoly lobodance@gmaii.com proposed rusted circular fan/thing $100,000 allocated for an out of town artist to erect an ugly rusted fan-like thing across from the fire station would be a sad, sad thing. I'm quite sure that a LOCAL artist with I/10 of such funding could make something much more appropriate and beautiful. Phyllis Brown Phyllisbuck(j~opendoor.com 35 "art" thing City Council: Please, all of you, read comments re Gateway on the facebook pages for Ashland Plaza Restoration Project. Especially mine and George Kramer's. Please don't spend this money on corporate/disliked "art" that we don't want. you will regret it, your legacy. Anna Humphreys happyheart67a gmai l.com Art Installation Hello, I am writing to express my disproval for the aesthetically unappealing, absorbidantly expensive, and non-locally sourced piece that taxpayers are expected to pay for. If taxpayers are expected to participate in this decision, it may be useful to distribute a vote via Facebook or another online source which citizens of our beautiful town ace ess regularly. Please reconsider this decision and make it easier for us to participate in these monumental choices in the future. Sincerely, Anna Humphreys Brett Thomas Lutz Weatherbtingmail.com Art in front of fire station $100,000 of tax payer money for that object? Why not plant a nice tree, instead? There are much better things the city could spend that money on, to include a teacher or two more at the Walker Elementary school, paying teacher's Aids, psychiatric counseling for the homeless, stream restoration. While art is to be valued, this is frivo lous and a terrible waste of precious tax payer money. If you vote for this, you certainly are more likely to lose my vote and those of my friends and family in the next election. Please make a better decision than purchasing this piece of art. Sincerely, Brett Lutz Yelena Sedochenkova breathofcolour(cwahoo.com 36 Gateway Island Sculpture Dear City Council, 1 would just like to put in my two cents in regards to the sculpture that has been chosen to be installed across from the Fire Station. Honestly, for a town that is full of artists, we could do much better. What about a sculpture that represents the values that we all share here in Ashland? Love of na ture, jus tice, food equality, motherhood,... I'm sure there are many others. Perhaps there can be a gathering of local artists who would be interested in working on the project? That way the money can stay here and help support our local economy. Thank you for your attention. Tasha Schaal Tashaschaal~,gtnail.com Arts commission restoration I think the proposed "art iron sculpture" for $100,000 across from the fire station is as ugly as the Plaza Restoration turned out. I truly feel we need more quaint charm to represent Ashland not removing trees and putting in grey bricks or big rusty fan looking things. Please can we attend a meeting on the restoration? Respectful ly, < br/hTasha Schaal Rudy Dietz rudydietz n gmail.com Gateway Island Sculpture Hello, I am writing to say I strongly oppose the proposed art piece being placed across from the fire station. While the piece is nice in some ways, its size and placement are completely innappropritae. We don't need a new piece of art to make Ashland special - it's natural beauty and architecture already does! Thank you, Rudy Dietz 37 Joanne Luman benbeecoAmsn.com art for Ashland I do not like, enjoy, or welcome the chosen art which is ugly and very costly. Truly would be another huge embarrassment for our truly artistic city. There are many local arts that would and could create a far better design for a fraction of the proposed cost. I hope the City Council rejects this project. The "face" design by the south fire station is hor rible, to o. Shiloh O'Connor theagnesspoet ,hotmail.com Proposed sculpture near library I must strenuously assert, that the plan to place the sculpture on the dividing area between the library and the fire station is incredibly ill-founded. For one, no Ashland artists were considered for the work, even though there are plenty with the talent and wherewithal. Second, the sculpture chosen by the commission is a compl ete eye-s ore, even uglier than the one at the fire station on sherwood st. Finally, I believe you should seek out more public input on these projects, so you don't end up with stale works of art by out-of-towners that do not reflect the beauty or history of Ashland. Respectfully yours, Shiloh Claire Baker toneequa uaAaol. coin Proposed sculpture for area in front of fire house The proposed sculpture for the area in front of the fire house does not in any way enhance our town. It is an inappropriate, expensive piece of nothing made by an out of state artist. I suggest you immediately halt the plan and take the time to carefully re-think the use of the precious $100,000 for something more pleas ing to yo ur residents. The Public Arts Commission seems unable to make aesthetically and fiscally wise decisions. Chani Hubbell Chanirhubbellnymail.com Plaza art installation 38 That 20-foot monstrosity would be hideous on the Plaza, why on earth would you think spending 100000 taxpayer dollars on that eyesore is a good idea? You know what's great? Trees. Leave the damn trees alone, and pay the teachers more. Wendy Temple wend !mmp]Agmail.com gateway sculpture I have to say that I, and many others, are not impressed with the proposed sculpture for the gateway installation. In addition, we have very talented local artists who could have done much better than this. Becky Sniffen becky.snuffen a]gmail.com Public art vs public education I've just learned about the City's plan to install another sculpture at the cost of $100,000. While the sculpture is fabulous, what we really need the money for is our public schools. All of the school's lost significant amounts of money this year- $50,000 and more per school. This means fewer aides working with kids, fewer resource s for their classrooms, fewer specialists for boosting those that are struggling with math, reading, language, or behavior. We desperately need money at the schools! This sculpture can wait. Our kids can't. Thank you for all you do. Becky Sniffen Lorraine d'Entremont Rawls hotmail.com Lrawlsoregon,na Public art decision As a lifetime resident let me first say that I support public art. I do not however support the possible decision for this particular piece that the arts commission is considering. This metal art piece is not, in my opinion, in keeping with the spirit of Ashland. I urge the council to take more time to consider other po ssibiliti es. Look around at what our valley has to offer. We have so many creative and amazing local artists. Please take a deep 39 breath and explore other artists ideas. Todd Kemp toddgash Iandcreek.net New Art piece. I remember hearing that the city doesn't have enough money for issues like dealing with the downtown bum problem or the deer that are over-populated and sick, or the ugly plaza redo, or the buckeling sidewalks, or the dusty alley that runs around my house, or the lack of street lights in so many neighborhoods But $100K for this huge slinky? 1 am not a fan of th is huge $100,000.00 fan. $100K is to much! Especially for a piece by a nonlocal artist...... But then again all the local artists had to move away because Ashland has become so expensive. I am disappointed. Lisa Vanderzwan VanderZwan y charter.net Downtown art project The sculpture to be chosen, in my opinion, really should be from a local artist. After all we are such an artist community, and have so many wonderful artist here. if it's representing Ashland, I don't understand why you wouldn't choose work from someone local. We are all about keeping it local... Local foods, local businesses. The art should c ome from here as well. Cliff Beneventi cliff a blindscientist.com Art installation Please, PLEASE people. Listen to the people that you represent. This sculpture is a mistake. Katy Kayynnrepp(c,gmail.com Art piece 1 vote no thanks. Hopefully that's a bad drawing because I can't imagine a giant fan won the contest! Linda Novak 40 leenalumind.netg mail.com Spiral donut across from fire station. Please don't do it! Thanks! Linda Susan Yeagley Soosanowc2gmail.com New art downtown I just saw the proposed sculpture to be installed across from the fire station for $100,000. Wow! It's frankly an awful choice and FAR too much to spend. I vote for a LOCAL artist and a MUCH lower price!!! Lorie List lorielist ,gmail.com Proposed Gateway Art I'd like to voice my opposition to the Ashland Public Arts Commissions selection of "Gather" for the intersection of Siskiyou and E. Main. I think there are excellent ways to bring together modern and historic, but I don't think does it. Ashland is a historic town and this simply seems too jarring of a piece. I'm open to being wrong, but that's my fi rst impre ssion. Thanks for taking my feedback into consideration. Marion Lee Moore marion(a~Olpt.net Art piece selected for downtown gateway I think this piece of art was the ugliest of the three finalists, and does not reflect the spirit of Ashland in any way. Both other pieces were better, in my opinion. Please do not approve purchase of this art piece (I've heard it called the hamster wheel, that seems fitting!). Hi Ann and Dave, I have a problem with the proposed Gateway art piece. On the one hand, I think the PAC did a masterful job with the selection process over the past year and I really really don't want to undermine the selection committee. On the other hand, while I think the chosen piece was the 41 best of the three, I didn't think it was Susan Zoccola's best piece, and so far it's not going over very well with the public. So I definitely feel stuck in a corner here. In talking to John, we wondered if a compromise would be for the council to ask the PAC to work with Susan to develop another, different piece. For example, something like the tree sculpture she did for Tri Met would have been perfect for our site. My question to you is simply whether that's a feasible approach and how you think the PAC would respond. Of course, the rest of the council may be ready to approve the selection, so my question may be irrelevant in the end. But I would appreciate your counsel. Best, Pam Mayor Stromburg and members of the City Council, As you know, I am a member the Ashland Historic Commission (AHC), but this note is expressing only my personal point of view, as the AHC has not discussed or been asked to comment on the Gateway Art Project in any formal way. The Public Arts Commission (PAC) has consulted with the AHC in the past, on at least three occasions that I remember: (l) The `Rio Amistad' tile path on Granite St., (2) with the placement of the `Peace Banner ' tiles at the Library, and (3) the AHC's Historic Marker project that combines art and history. The meetings had some conflicting view points, but there seemed to be an understanding that respecting History is an important context for Art in the City of Ashland. The City ordinances do not require that Art be reviewed by the AHC unless it is attached to the historic building facade. However, the location of significant City projects such as the Gateway Art Project and the Plaza renovation hugely impact the Historic Districts. The Historic Commission's purpose is to protect the historic integrity of the City of Ashland; if we have no opportunity to review these types of projects, we cannot fulfill our responsibilities. Please consider letting the Ashland Historic Commission review the Gateway Art Project during our October 7 meeting and postponing the City Council decision. Respectfully, Dale Shostrom Claudia Michelli michelliel (tyahoo.com Public Art 42 The proposed public art sculpture is not suitable for our town. Not only has it been created by a non-local artist, the design and concept does not fit at all with the natural beauty the area. Please do not approve this piece and allow more time for local artists to submit proposals. Thank you, Claudia Michelli Tabitha Wenke TabithaWenkeggrnai Isom Art installation To whom it may concern, I am very surprised to find out that tax money of this magnitude is going to be used toward this art installation located on the island near fire station. We as a community could use these resources od funds to help the people who live in Ashland. The fact that the art installation is being purchased by a non local ar tist is e xtremely difficult to understand. Please use this money in a better manner for our community. Thank you for your time Rebecca DeVall rebecca.devallAgmail.com New Artwork to be represent Downtown Ashland Dear City Council, I am a native Ashland resident, born at ACH 41 years ago. I would like it known that I do not approve of the "artwork" that has been selected to represent the essence of Ashland and I especially take issue with the fact that you went OUTSIDE our eclectic and amazing art community to hire an artists to create this atrocity. The selected artist has no historical knowledge of our community and it shows in what she feels represents us. Every time I pass through downtown, I feel the loss of the beautiful evergreen tree that used to reside on what you have termed Gateway Island. Considering the value that the City of Ashland places on trees, I'm unclear why it was removed in the first place. I know that I am not the only community member that feels that you have acted outside of the wants of our city with your heavy handed decision making. The FACE that resides in front of the 43 Fire Station is bad enough, but at least it's not in a prominent location and most people don't even notice it (I should know as I live on the street with The FACE, and most people have no idea what I'm talking about when I tell them where I live). Don't make the same mistake twice. This should be something that the people of Ashland get to help make a decision on. Select several arti sts and t hen let the people decide which represents our community the best, because the "Gather" is not it. Sincerely, Rebecca DeVall Shauna Farmer shaunamadrengmail.com no tax dollars for a sculpture we need affordable housing Really money for affordable housing needs in our community far outweigh the need for a sculpture especially the one being considered. Jane Sterling janesterling421 nmac.com metal sculpture I continue to see the council making financial decisions that are not well thought out. $100,000 for a metal sculpture is absurd. And it is not even from Ashland. There are so many more ways to spend our taxpayer money to help those that need food. Why be so elaborate???? It is not where my money wants to go. You are acting like there is endless mo ney. What about the schools getting that money? Something that is useful and needed. I am always disappointed in the councils thinking. Bonnie McCracken mcbonnie7gyahoo.com ashland Plaza Restiration i am very opposed to the proposed $100,000 sculpture. It is a waste of money. To best represent our unique city, plant trees and flowers. Because we value the accomplishments of our youth, student sculptures could be displayed on a rotating basis, perhaps to tie in with First Friday. Student musical performances, from our schools and SOU, could be scheduled, to model the Green Show idea. The Plaza is the center of our town. It should reflect our values and be dynamic. Thank you for re-thinking the purpose of the plaza. 44 Sarah Greenblatt MuchlovegOW gmail.com Statue Too much money. Couldn't we spend that on more important things? Pick a local artist that doesn't need $100,000 dollars of our hard earned money. Maybe a collaborative effort from multiple artists. David Smith ,gmail.com primordialstuff? new sculpture proposed across from fire station I am writing to express my disapproval of the proposed artwork to be installed across the street from the fire station. I think it is an eyesore and I am appalled that an out of town artist would be considered. The town of Ashland has a prolific artist community. Please use a local artist, and please find something that look s like art, unlike the current proposal which looks like something fell down the stairs. Joslin Carson Mothernature9Li7yahoo.com Sculpture Please do not spend $100,000 on art projects from out of town artists. Patrick Hildreth patrickh4l P_opendoor.com The excrescence planned for the island. Start a voluntary fund to pay for this - do NOT impose your collective will on the rest of us without our collaboration and approval. If you truly believe that there is a real desire for this object, then go the voluntary find route. Kellie barry K 1 I barry a yahoo.com 100,000 dollars for art I would like you to rethink spending 100,000 to a artist who doesnt live in area, why not look to 45 artists who live in area and not spend so much on the art work. Mary Brooks mdbbrooks(ahotmail.com Sculpture proposal have been an Ashland resident for forty years. For the most part, I have appreciated the improvements in the city. But, not the sculpture proposed for the triangle across from the library. It does not fit the charm and unique character of Ashland. It is suitable for Seattle where the artist comes from, not here. We have so many talented local arti sts here; why not SUPPORT the local economy, and com►nision a sculpture that is made by an artist who will best reflect Ashland? I envision a sculpture built with sustainable, green, and/or recycled product that reflects the true spirit of Ashland. Kristy Doty sowilo ct lanthir.com Proposed sculpture for the gateway island. As an artist, former resident and SOU student that visits as frequently as possible, I have to say that this proposed sculpture does not seem to fit the feeling of the town or represent the residents in any way. Ashland is a colorful and vibrant town due to the residents and history they create! If you choose a sculpture that not only goes against the vibe of those residents, but also goes against what they believe, you will further alienate the entire reason the town exists in the first place. I am not sure the towns people would appreciate a costly non functional bit of much too modern art when there are other more important societal needs to address. I cannot even believe that I am against installing art when I myself am an artist... kind of makes me sick to my stomach to type those words. A better installment would be something that benefits the environment and is a reminder to those driving by it to be better humans. I would love to see something that tourists and Ashlanders alike would proudly stop and take a picture in front of as a memento of their time spent in Shakespeare country. Now imagine all the photos of the proposed sculpture with all the perfect bird purchases covered in bird waste and nests frozen in time for all to behold in the coming years. It would be a joke and bring visitors for al I the wro ng reasons. Ariella St. Clair astclairgmind.net Welcoming sculpture The sculpture picked for represent Ashland is ugly, first of all. Secondly, the person does not live here so how does she think she can best represent Ashland. There are hundreds of Qualified artists in this Rogue Valley. I would like to see drawings of what local artists submitted and was 46 rejected. Allen & Karen Drescher drescheralgaol.com Ashland Arts Commission September 17, 2015 Dear Mayor and City Council, Have you seen the Giant Hearing Aid that the Ashland Arts Commission wants you to install? This metallic monstrosity is supposed to be the welcoming symbol for visitors to Ashland. I know that we have an aging population, but a Giant Hearing Aid is going too far! Thi s is beyond goofy. It's insulting to your intelligence and a joke on the people who actually try to make a living in Ashland. What a whacky symbol to welcome visitors to Ashland. It's just nuts to pay $100,000 to a Seattle artist for an ugly metallic structure that has nothing whatsoever to do with Ashland or Ashland's history. Ugh!!! Don't do it.! You'll have to avert your eyes every time you drive by the Giant Hearing Aid. Allen and Karen Drescher 131 Birdsong Lane Ashland, Oregon Gretchen Hartrick gghartrickAhotmail.coin Sculpture I have just seen a picture of a proposed art peece (a 20 foot metal spiral) that is reportedly a consideration for the entry of Ashland. Ashland is an artistic town, with a deep history of many types of art. Many agree, this piece does not appear to reflect Ashland, it's history or character. Tax dollars spent on an art piece created by a local ar tist would likely be spent locally. Your citizens urge you, as a council, represent local character, showcase local art, spend our money locally, and support local artists. As elected officials, please commit to the embodiment of the Ashland ideals and way of life. 47 Arianna Van Heusen ariannavh(aagmail.com Gateway Island Sculpture I would like it noted that I am NOT in support of the proposed Gateway Island Sculpture. Not only is it incredibly expensive, but the sculpture itself in no way expresses anything about Ashland and what makes it so special. In addition, my understanding is that the artist is not local, which would also be such a positive thing to support. Somethin g that relates and works with all the natural beauty that surrounds Ashland (and not a large spiral donut) would feel so much more appropriate for this small space. Thank you, Arianna Van Heusen Ashland resident for 43 years Jessica Leonard jska510 agmail.com Plaza restoration art The proposed art is not only unappealing, it seems to be an extravagant price. There are so many great local artists, we should commission one of them to create something beautiful and more organic, befitting the Ashland culture, rather than some random piece of metal in an already ugly plaza. The leftover money could be spent to find a new city administr ator, since he has proved lacking in his abilities. Susan Roudenbush Susan Roudebush a mindsprina.com proposed sculpture by library I detest the sculpture. It resembles a summer fan case. It does not reflect to me the spirit or beauty of Ashland. I have longed for a lovely large evergreen such as a Colorado spruce. If that can't be done, why not a large tree sculpture, reinforcing Ashland's Image as a city that cares about and appreciates our beautif ul enviro nment. This sculpture you propose speaks to industry, mechanical industry, something Ashland has never been known for. Please reconsider. I am happy to help Nancy Rose wndrfl7Agmail.com 48 plaza restoration I cannot believe you are NOT displaying a work of art created by one of our local artidts or one from our SOU students. I also am frustrsted thst you are using and considering further expansion of artificial turf! It may save on water, questionably, but after it's life cycle of 5 years or so it has to be replaced and since it is synthetic.... it is NOT re cyclable....and is just more plastic to add to oue endless dumping into our earthly environment. Shame on us as a model city for promoting destructive solutions rather than 'clean energy.' Laura May Fields laurama fieldsahotmail.com What is the point of spending so much money on a sculpture that is mediocre. Please reconsider different sculpture for Ashland. With a town frill of artists, why choose something out of town. I think you could choose something that better represents the community, and why does it cost so much? I think a vote should be done. Democracy is more appealing for a t own as un ique as ashland. Thank you for hearing me. Laura May Jody Zonnenschein ayalaz26 kgmail.com Art Installation I would like to express my disappointment that the city has chosen a piece of art done by a Seattle artist. i think we should be acting locally by choosing one of our many local artists work, and I don't believe that the chosen piece is representative of our city. I'm told that it will cost the city $100,000 to purchase and install this piece. I'm sure that money would be well used to serve our citizens in a myriad of other ways. Thank you. Kathy curtis Kc1419Lahoo.com For what it's worth l don't find anything compelling about this piece. It doesn't seem representative of Ashland, or thought provoking in any way. It looks like a playground installation. 1 feel the $100,000 slated for this area would be better spent fixing the Plaza. Sincerely Kathy Curtis Thread Hysteria 49 AuroFree Walker-Vanderwerf freeandco I Ayahoo.com Metalic sculpture Wheel Please use these city fiends for planting Edible gardens or installing Solar Panels... Or anything else. This Giant Wheel is ugly and says NOTHING about the unique beauty that is Ashland. Thank you. AuroFree Vanderwerf Jeanne Chouard chouard.jeanne a gmaiLeom sculpture selection The metallic sculpture, resembling a hamster's exercise wheel, selected an recommended by the Ashland Public Arts commission is ugly, meaningless and doesn't fit in our fair city. What's more, with so many talented local artists, spending $100,000 on an artist from outside our area is a slap in the face to our local art community and irresp onsible u se of city funds. For much less money, we can ask the welding class at Ashland High School to weld together a "sculpture" of recycled bicycle rims and the result will look just as good or better than this piece. We can do so much better. Let's find a local artist to make a beautiful piece of art that actually looks like something and reflects the spirit of our community and it's love of history and nature. As a 20 year resident and taxpayer, I strongly object to installing this piece. Thank you. Rick Kirschner rickCa]theartofchange.com Artwork for the island I'm writing to suggest that if the city is going to spend taxpayer money on public artwork (which I favor), that local artists should take priority for such highly visible public works! Thank you, Rick cathy moore cmoore a mind.net metal art thing 50 The giant round metal art thing being considered as Ashland's "gate way" is just not right for this town. Keep it in Seattle. We need something more organic and nature inspired created by a LOCAL artist. Let's keep the money in our community. Heather Lilly hbunI I I a,gmail.com Gateway Island Sculpture I am writing in regards to the proposed metallic sculpture that is supposed to be installed across from the fire station. I hope that you will PLEASE reconsider installing this piece. I find it extremely unappealing, and what's worse, the artist is not even from Ashland. At best I think it looks like an oversized, misshapen fan, or perhaps a ger bit wheel . I don't feel that this piece of art represents Ashland at all, and it would really be a shame to have to look at this every day if it were to be placed there. I know I am not alone in expressing this opinion, and I hope you will consider the voices of Ashland residents before making the final decision on this matter. Thank you very much for reading. Regards, Heather Lilly, Ashland resident Salina Piddington cutiequine c gmail.com plaza The proposed metal sculpture for the plaza restoration has many problems. Doesn't fit the community's personality. Not done by a local artist. Extremely expensive. Then again maybe it will fit. It's everything hypocritical about Ashland itself. Claiming to support it's members and character, while boldly doing the opposite. Clai ming to b e progressive, while following trends of other cities, but 10 years behind. Boasting it's natural organic untouched beauty, while contrasting with a cookie cutter non unique wire sculpture instead of adding to the already wonderful scenery. This sculpture would be embarrassing for locals to know this is what our city council thinks represents us. Embarrassing that this is what tourists will be taking pictures next to. Embarrassing to drive by while trying to find parking downtown. Embarrassing, hypocritical and expensive. 1 hope this sculpture does not make it to reality. 51 Jim Maynard Jim Maynardkopendoor.com Gateway Island Sculpture across from the Fire station. The proposed sculpture for the Gateway Island across from the Fire station isn't bad looking. However, it seem COMPLETELY INAPPROPRIATE for the Gateway Island. I don't see how it is an improvement at all. It does not seem like a good use of one hundred thousand dollars. Phyllis Brown Phyllisbuckgopendoor.com Gateway art commission uproar This selection is appropriate for a corporate campus. My idea, mostly serious and worth consideration, is to install a fiberglas statue, like Blackbird. We'd feature a lumberjack, or Wm Shakespeare, with a sign, "Welcome to Willie World!" functional, affordable, memorable and fun. Wylene Rogers Jwylenero msn.com Art project Why? Asland is a beautiful city, this piece of art does not represent Ashland. Why can't we get something that represents nature, Shakespear,trees, wildlife, etc, something that shows what Ashland all about. Not something people look at and say "What is it?", instead say "That's a beautiful (name of object)" Alice DiMicele ottermusic a,mind.net Art Dear Council, I find it odd that in a town full of artists the City of Ashland will spend $100k on installing an art piece by a non local. 52 Jack Leishman jacktortoisegmsn.com proposed art piece Regarding the proposed fish trap that's been designed to adorn the south entrance to downtown: To me, this just doesn't say "Ashland" at all; I see no connection; the statue at the other end of town (endowed by Matthew Haines as a gift to the City) feels much more representational, both historically and artistically I'm all for more modern st ructures and expressions, but would love to see something that "feels" more like here, instead of like somewhere in downtown Portland...... Eric Dusenbury Gderic eharter.net art work across from fire station this project is to big for the space it is intended. Plus in my opinion it adds nothing to the space thats redeeming in nature, quite frankly it has no appealing features. 53 CITY OF ASHLAND Council Communication December 15, 2015, Business Meeting City Council support for lifting the statewide pre-emption on inclusionary zoning FROM: Brandon Goldman, Senior Planner, Community Development Department, brandon. og ldman e ashland.or.us SUMMARY At its regular meeting of November 19, 2015, the Housing and Human Services Commission unanimously passed a motion to forward a recommendation to the Council to support legislation that would lift the state ban on the ability of individual jurisdictions to pass inclusionary zoning laws. Inclusionary zoning is the practice of mandating a certain percentage of affordable units in new housing developments. BACKGROUND AND POLICY IMPLICATIONS: "Inclusionary Zoning" is a general term for any local zoning ordinance or land use policy which either mandates or encourages developers of housing to include a specified percentage of housing that is affordable to lower and/or moderate income households. Oregon and Texas are the only states that currently prohibit local communities from considering land use policies commonly known as inclusionary zoning. The Housing and Human Services Commission felt that it was important for the City to have the local option to even consider whether or not to enact inclusionary zoning laws. Rohde/Crader m/s that we as a Commission recommend to the City Council that they pass a resolution in support of lifting the ban on inclusionary zoning in the state of Oregon. Should Council decide to move forward with this recommendation, as this is a time sensitive matter for the State Legislature's review, Council could direct staff to draft a letter supporting efforts to revise the Oregon Revised Statutes (see attached HB 2564) to remove the current state prohibition on inclusionary zoning. The letter in support of lifting the statewide pre-emption on inclusionary zoning would be presented to the Mayor to sign on behalf of the City. COUNCIL GOALS SUPPORTED: Goal 7. Keep Ashland a family friendly community: 7.3 Support land-use plans and policies that encourage family-friendly neighborhoods. FISCAL IMPLICATIONS N/A STAFF RECOMMENDATION: N/A Page 1 of 2 CITY OF ASHLAND SUGGESTED MOTION: I move to direct staff to draft a letter, to be signed by the Mayor, in support of removing the statewide pre-emption on inclusionary zoning. ATTACHMENTS: Proposed Amendments to A-Engrossed House Bill 2564 Page 2 of 2 ~r, HB 2564-A5 (LC 2270) 5/4/15 (BHC/emm/ps) PROPOSED AMENDMENTS TO A-ENGROSSED HOUSE BILL 2564 1 Delete lines 4 through 26 of the printed A-engrossed bill and insert: 2 "SECTION 1. ORS 197.309 is amended to read: 3 "197.309. [(1) Except as provided in subsection (2) of this section,] Not- 4 withstanding ORS 91.225, a city, county or metropolitan service district 5 may [not] adopt a land use regulation or functional plan provision, or impose 6 as a condition for approving a permit under ORS 215.427 or 227.178, a re- 7 quirement that has the effect of establishing the sales or rental price for a 8 new housing unit or residential building lot or parcel, or that requires a 9 new housing unit or residential building lot or parcel to be designated for 1o sale or rent to any particular class or group of purchasers or renters based 11 on income, provided the condition: 12 "(1) Does not require more than 30 percent of housing units within 13 a residential development to be sold at below-market rates; and 14 66(2) Offers developers one or more of the following incentives: 15 "(a) Density adjustments. 16 "(b) Fee waivers or reductions. 17 "(c) Waivers of system development charges or impact fees. 1s "(d) Finance-based incentives. 19 "(e) Preferential treatment for processing of permits. 20 "(f) Expedited service for local approval processes. 21 "(g) Modification of height, floor area or other site-specific re- 22 quirements. 1 "[(2) This section does not limit the authority of a city, county or metro- 2 politan service district tod 3 "[(a) Adopt or enforce a land use regulation, functional plan provision or 4 condition of approval creating or implementing an incentive, contract commit- s ment, density bonus or other voluntary regulation, provision or condition de- b signed to increase the supply of moderate or lower cost housing units; or] 7 "[(b) Enter into an affordable housing covenant as provided in ORS 456.270 a to 456.295.]". 9 HB 2564-A5 5/4/15 Proposed Amendments to A-Eng. HB 2564 Page 2 CITY OF SHLAND Council Communication December 15, 2015, Business Meeting Second 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 Brand 011. Goldman (61 ashlaDd.or.us SUMMARY The three ordinances presented for second reading amend the Comprehensive Plan, Transportation System Plan, and Municipal Code Chapter 18 (Land Use Ordinance) to implement the Normal Neighborhood Plan. The first ordinance amends the Comprehensive Plan to add Normal Neighborhood Plan designation to Chapter 2 [Introductions and Definitions], Add the Normal Neighborhood Land Categories to Chapter IV [Housing Element], Change the Comprehensive Plan Map to establish the boundaries of the Normal Neighborhood Plan area and amend the boundaries of Conservation Areas within the neighborhood . This ordinance also adopts the supporting documents (i.e. Normal Neighborhood Plan Framework dated May 2014 as amended), as a support document to the Comprehensive Plan. The second ordinance amends the Transportation System Plan (TSP)t o incorporate the Normal Neighborhood Plan's Street and Bikeway Networks into the TSP, and to establish standards for the new Shared Street designation within the Street Design Standards section of the municipal code (Chapter 18.4.6). The third ordinance amends the Ashland Municipal Code creating a new chapterl 8.3.4 Normal Neighborhood District, amends chapter 18.2.020 to add a Normal Neighborhood zoning classification, and amends chapter 18.2.1.040 to add a Normal Neighborhood Special District designation. Properties within the Normal Neighborhood Plan area are not rezoned by adoption of this ordinance; rather the zoning designations and district development standards are to be applicable to future developments upon annexation and zone change requests. BACKGROUND A Public Hearing was held at the Planning Commission on July 28, 2015, to review the final ordinances, which was continued to August 11, 2015. A public hearing for first reading of the final ordinances was held at the City Council on September 1, 2015, continued to September 15, 2015, October 6, 2015, and November 17, 2015. Page I of 9 IrN CITY OF ASHLAND The City Council directed a number of amendments be made to each of the three ordinances presented at first reading. At the conclusion of first reading of the ordinances, as amended, Council clarified that public testimony presented at second reading shall be limited to comments exclusively addressing the changes to each the ordinances that were approved by Council at first reading. The amendment made to each ordinance between first and second reading are as follows: Ordinance 1 (Comprehensive Plan and Normal Neighborhood Framework Document) The Land Use Map in the Normal Neighborhood Plan Framework, pg 5, was modified to change the southernmost block of property zoned as NN-1-3.5-C to NN-1-3-5, retaining the commercial overlay zoning for only the northern block. , - - _ t Zoning NN-15 v. NN-1-3 5 I W- 1 -3 5-C 2 ~Z f Open soam . Road CFassdicaewns Normal Neighborhood District Zoning Classifications C 3c The newly modified image/map above incorporates the reduced area of NN-1-3.5-C as amended. This amended map is additionally included within the Normal Neighborhood District Land Use Ordinance (Ordinance 43) • The Normal Neighborhood Plan Framework description of an alley, pg 28, was amended to eliminate the sentence: o "The narrow street section of rear lanes reduces the extent of impervious sup faces in the Normal Neighborhood and supports wetland and stream health. " Page 2 of 9 CITY OF ASHLAND • The Normal Neighborhood Plan Framework Advance Financing and Phasing of Public Improvements section, pg 30, was amended to clarify the improvements that are to be made to East Main Street, from Walker to Clay Street. Although the original motion only stated that the phased improvements related in general to East Main Street, it was clarified that the motion should have stated improvements be made to East Main Street "from Walker Avenue to Clay Street". The amendment below presented for second reading incorporates this clarification: o During the first phase of development within the plan area, prior to, or simultaneously with any construction or development that borders East Main Street, improvements shall be made to East Main Street, .from Walker Avenue to Clay Street, so that at a minimum. ■ Travel lanes and turn lane improvements are fully installed a minimum of 250' on either side of any newly constructed intersection with East Main Street. Full street improvements shall he completed from Walker Ave. to Clay Street upon installation of any second new public street intersection with East Main Street. ■ Pedestrian and Bicycle improvements shall be installed.fr•om 0"alker° Ave. to Clay Street with the initial phase of any annexation and development that borders East Main Street, and shall be completed prior to completion of the proposed development. o The following previously existing language in the Framework has been removed from the Normal Neighborhood Plan Framework as it was superseded by the above clarification: ■ Consideration of a phased improvement plan for- new intersections along East Main Street will include an evaluation of adequate pedestrian and bicycle connectivity from Walker Avenue to Clay Street. A full sidewalk along the south side of East Main Street, or an alternative bicycle and pedestrian path system within the project area connecting a proposed development to the middle school should be provided in the initial phase of development. • The Normal Neighborhood Plan Framework was amended to add a new section, Plan Monitoring and Updates, pg 33, to stipulate the neighborhood plan is subject to review as follows: o Plan Monitoring and Updates Neighborhood plans, by their nature, are subject to periodic review and changes to reflect changing local conditions, demographic shifts, and other./actors. To monitor the plan's implementation the City Council will evaluate the Normal Neighborhood Plan either ten years.following the plan's adoption, or upon the cumulative land use approval of 150 dwelling units or more, whichever occurs earlier. The purpose of this review is to ensure the neighborhood's development is consistent with the objectives of the Normal Neighborhood Plan. The City Council may initiate revisions to the Normal Neighborhood Plan at their discretion at any time should the any of the following conditions warrant plan adjustments.- - The Neighborhood Plan no longer reflects the community's current goals and objectives; Page 3 of 9 ~r11 CITY OF -ASHLAND • The Neighborhood Plan is in conflict with current city or state policies; • Conditions have materially changed so that projected trends in land use, population, housing needs, economic conditions, local services, natural resources, or other elements are no longer accurate; • Experience with the Neighborhood Plan and the goals and policies, regulations and other measures employed to implement the Neighborhood Plan suggests the need to improve the clarity and effecliveness of the Neighborhood Plan. The City Council may determine upon revieii, that modifications to the plan are unnecessary. In the event the City Council determines major changes to the plan, or legislative changes to the Land Use Ordinance, are necessary to respond to current conditions, revisions to the plan will be subject to a approval process consistent with Chapter 18.3.4 and Chapter 18.5.9 of the Land Use Code and ivill be reviewed in consideration ofpublic inputfrom the neighborhood. Ordinance 2 (Transportation System Plan and Shared Street Standards) The Transportation System Plan and Shared Street Standards amendments were approved by Council at first reading with the direction to modify the Shared Street description to allow this new street type to be applied in areas other than those that are physically constrained as follows: o Provides access to residential uses in an area in which right-of-tivay 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./unctional 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) The amendments to the Land Use Ordinance were approved by Council at first reading have been incorporated into the ordinance presented at second reading as follows:: • 18.3.4.030 C 1.b.iii A change in the Plan layout that changes the boundaries or location of an oven space - - * 0 area to correspond with a delineated tivelland and water resource protection zone, 07" relocation of a designated open space area. • 18.3.4.030 C.3. Minor Amendment Type I Procedure. A Minor amendments to the Normal Neighborhood Development Plan as identified in 18.3.4.030. C.1. b. i and 18.3.4.030. C.1. b. ii are subject to an administrative decision under the Type I Procedure. Type H Procedure. A minor amendment to the Normal Neighborhood Development Plan as identified in 18.3.4.030. C.1. b. iii is subject to a public hearing and decision under a Type II Procedure. Minor amendments are subject to the Exception to the Site Design and Use Development Standards of'chapter 18.5.2.050.E. Pale 4 of 9 CITY OFF .S LATD • 18.3.4.060.B 7 Conformance with Open Space Network Plan: New developments must provide open space consistent with the design concepts within the Greenway and Open Space chapter of the Normal Neighborhood Plan Framework and in conformance with the Normal Neighborhood Plan Open Space Network Map. The open space network will be designed to support the neighborhood's distinctive character and provide Passive recreational opportunities where people can connect with nature, where water resources are protected' and where riparian corridors and wetlands are preserved and enhanced. a) The application demonstrates that equal or better protection for identified resources will be ensured through restoration, enhancement, and mitigation measures. b) The application demonstrates that connections between open spaces are created and maintained providing for an interlinked system o f greenlvays. c) The application demonstrates that open spaces function to provide habitat for wildlife, promote environmental quality by absorbing, storing, and releasing storm realer, and protect future development fi°om flood hazards. d) The application demonstrates that scenic vietivs considered important to the community are protected, and community character and quality of life are Preserved by buffering areas of development f win one another. Options for Review and Plan Updates During the Council discussion on November 17, 2015, members of the City Council requested staff present options for consideration regarding plan review thresholds addressing the ability to evaluate plan changes in the future. Option #1 as presented below is included in the Normal Neighborhood Plan Framework (pg 33) presented for second reading this evening. Staff recommends Option #1 as it identifies examples of the types of changing conditions might be additional factors, beyond the year and dwelling unit number thresholds, which may be considered by future City Council's in electing to make modifications to the plan or land use ordinance. Plan Review Option #l: Neighborhood plans, by their nature, are subject to periodic review and changes to reflect changing local conditions, demographic shifts, crud other° factors. To monitor the plan's implementation the City Council will evaluate the Normal Neighborhood Plan either ten years following the plan's adoption, or upon the cumulative land use approval of 150 units or more, whichever occurs earlier, to ensure the neighborhood's development is consistent with the objectives of the Normal Neighborhood Plan. The City Council may initiate revisions to the Normal Neighborhood Plan at their discretion at any tirrre should the any of the following conditions warrant plan adjustments: • The Neighborhood Plan no longer reflects the con nrunity's current goals and objectives; • The Neighborhood Plan is in conflict with current city or state policies; • Conditions have materially changed so that projected trends in land use, population, housing needs, economic conditions, local services, natural resources, or other elements are no longer accurate; Page 5 of 9 IAM CITY OF S H LAl''rI D • Experience with the Neighborhood Plan and the goals and policies, regulations and other measures employed to implement the Neighborhood plan suggests the need to improve the clarity and effectiveness of the Neighborhood Plan. The City Council may determine upon review that modifications to the plan are unnecessary. In the event the City Council determines major changes to the plan, or legislative changes to the Land Use Ordinance, are necessary to respond to current conditions, revisions to the plan will be subject to a approval process consistent with Chapter 18.3.4 and Chapter 18.5.9 of the Land Use Code and tivill be reviewed in consideration of public input from the neighborhood. Plan Review Option #2: It is anticipated that the conditions within Normal Neighborhood District could change over tune and alter the premise for the various elernerrts of the plan, therefore it is important to periodically review the plan. It is anticipated that the plan elements will be regularly examined through review of annexation and development proposals. To monitor the plan's implementation the City Council will evaluate the Normal Neighborhood Plan upon construction of'150 dwelling units within the plan area, or len years following the plan's approval, whichever occurs first. The City Council's review will consider the effectiveness of the plan in meeting the pr°ojeci objectives and neighborhood module concepts, including the preservation of'open space, protection of natural resources, provision of a variety of housing types, and the adequacy of the transportation system. In order to determine if an application to amend the adopted neighborhood plan is warranted the City Council may additionally consider development aclivity that has occurred ivilhin the plan area while subject to county development standards: The City Council may determine upon review that modifications to the plan are unnecessary. In the event the City Council determines major changes to the plan, or legislative changes to the Land Use Ordinance, are necessary to respond to current conditions, revisions to the plan will be subject to a approval process consistent with Chapter 18. 3.4 and Chapter 18.59 of the Land Use Code and will he reviewed in consideration of public input from the neighborhood Plan Review Option #3 Should the City Council elect to revise the automatic triggers put forth above, the Council could insert a different period of years, or different unit count in either Option 1, or Option 2: either years following the plan's adoption, or upon the cumulative land use approval of uruilS or more, whichever occurs earlier,... either years following the plan's adoption, or upon construction of _ units, whichever occurs earlier,... Plan Review Option #4 Should the City Council elect to remove the automatic review triggers (10 year or 150 units), but decide to retain a section on plan review within the Normal Neighborhood Plan framework document, the Council could select option #1 above and direct the removal of the following sentence: Pale 6 oi- 9 IAMI CITY OF ASHLAND "To monitor the plans implementation the City Council will evaluate the Normal Neighborhood Plan either ten years following the plan's adoption, or upon the cumulative land use approval of 150 units or more, whichever occurs earlier, to ensure the neighborhood's development is consistent with the objectives of the Normal Neighborhood Plan. " NEXT STEPS Upon approval of second reading of the Normal Neighborhood Plan's implementing ordinances, Findings of Fact and Conclusions of Law regarding the Normal Neighborhood Plan ordinances will be drafted and presented at the Council's regular business meeting, January 5, 2016, for review and approval. COUNCIL GOALS SUPPORTED: Goal 7. Keep Ashland a family friendly community: 7.3 Support land-use plans and policies that encourage family- fi-iendly 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 recommendations of the Planning and Transportation Commissions is provided in the Planning Action (PL-2013-01858) Staff Report dated July 28. and Staff Report Addendum dated August 11, 2015, provided to the City Council at first reading. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of second reading of each of the three ordinances. SUGGESTED MOTION(S): Separate motions are required to address each of the three proposed ordinances: Ordinance I - Comprehensive Plan Amendments I move to approve the Second Reading by title only, including the amendments to the ordinance which have been read in full this evening, 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," Page 7 of 9 WPAKA CITY OF SHLAIND Ordinance 2 - Transportation System Plan Amendments I move to approve the Second Reading by title only, including the amendments to the ordinance which have been read in full this evening, 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", Ordinance 3 - Land Use Ordinance Amendments I move to approve the Second Reading by title only, including the amendments to the ordinance which have been read in full this evening, 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. ATTACHMENTS: Ordinance 1 - Comprehensive Plan Amendments Ordinance 1 Exhibit A (Appendix amendment) Ordinance 1 Exhibit B (Normal Neighborhood Framework) Ordinance I Exhibit C (Map) Ordinance 2 Transportation System Plan Amendments Ordinance 2 Exhibit A (Street Network Map) Ordinance 2 Exhibit B (Pedestrian and Bike Network Map) Ordinance 3 - Land Use Ordinance Amendments Ordinance 3 Exhibit A (Ch 18.3.4) Pale 8 of 9 EAL CITY OF ASHLAND Letters Public letters submitted relating to Planning Action PL-2013-01858 , including prior iterations of the draft plan (pre-July 2015), have been presented to the City Council at prior hearings. These letters remain available online at xi~N-w.ashland.or.us/normalplan, which includes the following electronically linked letters: 2015 2014 2013 All 2014 letters combined - All 2013 letters PDF combined - PDF c Vidmar letter (7/1312015) o Jones/MaharHomes letter o DeMarinis letter and c Vidmar letter (3/31/2015) (11/20/2014) exhibits (10/31/2013) Miller letter (3/23/2015) O Vidmar letter (1.1/15/2014) o DeMarinis letter and Alvarez letter 8/2012015 o ACCESS Inc. letter (11/12/20 exhibits (10/8/2013) o Hoffman letter 8/11/2015 o Vidmar letter (10/27/2014) O Meadowbrook Home c Lutz letter 7/28/2015 o Miller letter (9/29/2014) Owners (Anderson) c Anderson letter 7/28/2015 o Mahar Homes Concept Plan letter and exhibits Hoffman letter 7/27/2015 (9/18/2014) (10/8/2013) o DeMarinis letter 8/25/2015 o Lutz letter (9/17/2014) o Ashland Meadows o Teague letter 8/29/2015 O Miller letter (9/12/2014 (Skuratowicz) letter o Palmieri 8/29/2015 O Miller letter (9/03/2014) (10/8/2013) o Rhudy letter 8/30/2015 o Boyer letter (8/20/2014) o Koopman letter and o Barnes letter 1 8/30/2015 O DeMarinis letter (8/06/2014) exhibits (10/8/2013) o Barnes letter 2 8/30/2015 O Boyer Letter (8/06/2014) o Lutz letter (9/26/2013) o Force letter 8/30/2015 o Vidmar letter (7/30/2014) o Vidmar letter o Ragosine letter 8/30/2015 o Breon letter (7/22/2014) (7/29/2013) o Parker letter 8/29/2015 o DeMarinis letter (7/22/2014) o Carse letter o Parker -paper 8/29/2015 o Vidmar letter (7/21/2014) (6/27/2013) o Colwell - Gracepoint letter 9/01/2015 O DeMarinis letter (7/15/2014) o Gracepoint letter o Various letters submitted at 9/01/2015 o DeMarinis letter (5/19/2014) (6/12/2013) hearing o Anderson letter (4/08/2014) o Vidmar letter o Chetron letter 8/31/2015 o Grace Point letter (5/06/2014) (4/26/2013) o McKirgan letter 8/31/2015 o Livni letter (4/29/2014) o Shore letter o Hoffner letter 8/31/2015 o Mandell letter (5/05/2014) (4/10/2013) o Lander letter 8/31/2015 o Marshall Letter (04/30/2014) o Marshall letter o Koch letter 8/31/2015 o Miller Letter (4/30/2014) (4/10/2013) o Woods letter 8/31/2015 O Neher letter (5/02/2014) o Horn letter o Oring letter 8/31/2015 o Quiett letter (5/1/2014) (3/05/2013) o Pagani letter 8/31/2015 o Wallace letter (5/01/2014) o Filson letter o Vos letter 9/1/2015 o Seidler letter (4/30/2014) (2/25/2013) o Ourshalimian letter 9/01/2015 o Sharp letter (4/29/2014) o Vidmar letter o Agee letter 9/01/2015 o Jacobson letter (4/27/2014) (2/25/2013) o Cleland Sipfle letter 9/01/2015 o Arsac letter (4/29/2014) o Zonnenschein letter 9101/2015 o Brannan letter (5/04/2014) o Mattson letter 9/01/2015 o Gerschler letter (5/04/2014) o Shanafelt letter 9/01/2015 o Open City_Hall public comments o Lutz letter 9/01/2015 o Wells letter 9/2&9/3/2015 o GracePoint letter (3/11/2014) o Hoffman Cie letter 9/08/2015 o Anderson Letter (3/11/2014) o Parker BLI letter 9/10/2015 o Skuratowicz letter (3/11/2014) o Parker letter 9/10/2015 o Hunter letter ( 2/25/14) o Smith letter 9/10/2015 o Matthews letter 9/15/2015 o Anderson letter 9/15/2015 o Anderson letter 9/30/2015 o DeMarinis letter 10/06/2015 Page 9 of 9 M 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 th -oug 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 continued the hearing to August 11,2011, following deliberations, recommended approval of the amendments by a vote of 5-0; 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, September 15, 2015, and October 6, 2015; and Ordinance No. Page 1 of 3 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 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 2.04.181, to read as follows: PLAN RENTIENA7 (2 n^ 1 7) NORMAL NEIGHBORHOOD PLAN (2.04.17) This is a residential area that promotes a variety of housing types including sinjIle family, attached, and multi family residential, with base housing densities ranging from 4.5 to 13.5 units per acre. This area implements the Normal Neighborhood Plan Framework (2015) to accommodate future housing, neighborhood scaled business, create a system of greenways, protect and integrate existing stream corridors and natural wetlands, and enhance overall mobility by planning for a safe and connected network of streets and walking and bicycle routes. PLAN REVIEW (2.04.18) SECTION 3. The City of Ashland Comprehensive Plan Appendix entitled "Technical Reports and Supporting Documents" is attached hereto and made a part hereof as Exhibit A. SECTION 4. The document entitled "The City of Ashland Normal Neighborhood Plan Framework (2015)," attached hereto as Exhibit B, and made a part hereof by this reference is hereby added to the above-referenced Appendix to support Chapter II, [INTRODUCTION AND DEFINITIONS] of the Comprehensive Plan. SECTION 5. The officially adopted City of Ashland Comprehensive Plan Map, adopted and referenced in Ashland Comprehensive Plan Chapter II [PLAN MAP 2.03.04] is hereby amended to change the Comprehensive Plan map designation of approximately 94 acres of land inside the Ordinance No. Page 2 of 3 urban growth boundary from Single Family Residential and Suburban Residential, to the Normal 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,& 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 , 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 Ordinance No. 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 ~ , Y O a~ ~ ~ R. -2 u O O U U ° h cG, [ H U o U g uk U o o° w Z o v v o a ° c d o c U c CJ a y x a 2 ° v c a CITY OF Exhibit C ASHLAND_ 3 I I I t I Ashland wj rs E Middle i i School 1 1. ' - i ; Walker j I . Elementary, School r tt 0 200 400 800 1,200 Fe Normal Neighborhood Plan l i i i l i i i l i► i l 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 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 Transportation Commission considered the above-referenced amendments to the Transportation System Plan at a duly advertised public hearing on April 23, 2015 and following deliberations recommended approval of the amendments by a vote of 6-0; 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 August 11, 2015, and following deliberations recommended approval of the amendments by a vote of 5-0; 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, September 15, 2015, and October 6, 2015; 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 Ordinance in accordance with Article 10 of the Ashland City Charter; and Ordinance No. Page 1 of 6 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 paths that will be needed in the future to connect the street network and provide access to undeveloped areas within the Urban Growth Boundary (UGB); and WHEREAS, the Ashland Comprehensive Plan includes the following policies addressing street dedications: 1) Development of a modified grid street pattern shall be encouraged for connecting new and existing neighborhoods during subdivisions, partitions, and through the use of the Street Dedication map. (10.09.02.32); and 2) Street dedications shall be required as a condition of land development. A future street dedication map shall be adopted and implemented as part of the Land Use Ordinance. (10.09.02.34).; and WHEREAS, the City Council of the City of Ashland has determined that in order protect and benefit the health, safety and welfare of existing and future residents, and to address changes in existing conditions and projected needs related to land use and transportation patterns, it is necessary to amend the Ashland Comprehensive Plan in the manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are 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 4. 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 5. 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. Ordinance No. Page 2 of 6 SECTION 6. 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. 01V of Ashland Street Design Standards WITHIN CURB-TO-CURB AREA TYPE OF A 1'ERAGE RIGHT = CURB-TO- MOTOR MEDIAN BIKE PARK- CURB PARK- SIDE- STREET DAILY OF- CURB l'EHICLE AND'OR LANES ING ROW 66ALKS TRIPS TVA Y" PAVEMENT TRA17F_L CEN"T"ER (ADT) CVIDTII WIDTH LANES TURN on on on on LANE both both both both sides sides sides sides 2-Lane 8,00010 61'-87' 34' 11' none 6' 81-9' 6" 5,-8,1 6'-TO'' Boulevard 3-Lane 30,000 73'-99' 46' I1' 12' 6' 8'-9' 6" 5'-8'1 6elo'2 Boulevard 5-Lane 95'421' 68' l1' 12' 6' 81-9' 6" 5'-8'' 6'-10'2 Boulevard 2-Lane Avenue 3.000 to 59'-86' 32'-33' 10'-10.5' none 6' 81-9' 6" 5'-8'' 6'-10" 10,000 70.5'- 3-Lane Avenue 97.5' 43.5'-44.5' 10'-10.5' 11.5' 6' 8'-9' 6" 5'-8' ~ 6'-10'' Neighborhood 1,5001o NA NA' 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' Y-6' Side Parking Both 57'-63' 32'-34' 91-10' 7' 6" 7'-8' 5'-6' Sides Neighborhood Collector, Commercial Parallel Parking One 55'-65' 28' 10' 8' 6" 5'-8" 8'-1o'' Side Parallel Parking Both 63'-73' 36' 10' 8' 6" 5'-8" 8'-10' ' Sides Diagonal 65-74' 37' 10' 17' 6" 5'-8' 1 8'-10' Parking One Ordinance No. 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 11711CLE AND%OR LANES ING ROW ibALKS "TRIPS 667AY' PAi'EMENT IRAV L CENTER (ADT) I1'ID771 WIDTH LANES TURK' ah On On on LANE both both both both sides sides sides sides Side Diagonal Parking Both 81'-91' 54' 10' 17' 6" 5'-8" 81-10'' Sides Neighborhood less than NA NA 1,500 Street Parking One 47'-51' 22' 15, 7' 6" 5'-8' 5'-6' Side Quelling Neighborhood Street Parking Both 50'-57' 25'-28' I P-14' Queuing 7 6 5 8 5'-6' Sides Less than 15'-20' 12'-15' Oueuing NA NA AA NA NA NA Private Drive 100 Shared Less than 25' 18' paved 12' NA NA NA NA NA NA Street 1500 12' paved Alley AA 16' width, 2' NA AA AA AA NA AA AA strips on both sides C-10'paved Multi-Ilse Path NA 12,48, width, 2'4' NA AA NA AA NA NA NA ships on both sides 1) 7'- 8' landscape parkrow shall be installed in residential areas; 5' hardscape parkrou with tree wells shall be installed in commercial areas on streets with on-street parking lanes, or 7' landscape parkrow may be used in commercial areas on streets without on-street parking lanes or where the street corridor includes landscaped parkrou. Street Trees shall be planted in parkrows pursuant to 18.4.4.030. 2) 6'sideiealk 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 volutes (less than 3.000 ADT) or loin motor vehicle travel speeds (less than 251nph). For over- 3, 3,000 ADT or actual travel speeds exceeding 25 mph, 6' bike lanes, one on each side of the sheet 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 7. 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: 18.4.6.040.G.8 Shared Street Ordinance No. Page 4 of 6 Provides access to residential uses in an area in which right-of-way is constrained by natural features, topography or historically significant structures. Shared Streets may additionally be used in circumstances where a slower speed street, collectively shared by pedestrians, bicycles, and autos, is a functional and preferred design alternative. The design of the street should emphasize a slower speed environment and provide clear physical and visual indications the space is shared across modes. See Figure 18.4.6.040.G.8. Prototypical Section: Shared Street 17 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' Pavement width: 18' minimum, maintaining full fire truck access and minimum turning at all changes in alignment and intersections at all changes in alignment and intersections. Ordinance No. Page 5 of 6 Motor Vehicle Travel Lanes: Minimum 12' clear width. Bike Lanes: Not applicable Bicyclists can share the travel lane and easily nejZotiate these low use areas. Parkint!• ParkinlZ 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 nejZotiate 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 8_ 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 9. 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 Ordinance No. Page 6 of 6 Exhibit A B:B:gd ton Road Classifications ~iiiiilnneigborhood collector E local street shared street - - - - - multi-use path Shared Streets within the Normal Neighborhood Plan areamay be alternatively developed as alleys or multi-use paths. Improvement of the rail road ; crossing requires approval of an application for an at grade railroad crossing. L__j L_j Normal Neighborhood Plan Street Network Map 0 200 400 800 Feet CITY OF ExhibitB ASHLAND # i i i • • • i • • • ~!i!/I ~1~IS~~I i•.•• boo • ' • - • # 00,000 # • • # • a 00 0,0 0 • • i • • r • Normal Neighborhood Plan 2= Avenue with sidewalks & bikelanes Pedestrian and Bicycle Network Streets with sidewalks Shared Street 1-1 0 200 400 800 Feet • • • • Multi-use path ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE CREATING A NEW CHAPTER 18.3.4 NORMAL NEIGHBORHOOD DISTRICT, AMENDING CHAPTER 18.2.1.020 TO ADD A NORMAL NEIGHBORHOOD ZONING CLASSIFICATION, AND AMENDING CHAPTER 18.2.1.040 TO ADD A NORMAL NEIGHBORHOOD SPECIAL DISTRICT. Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are in bold underline. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon cities. City of Beaverton v International Ass'n of Firefighters Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the City of Ashland is projected to grow by approximately 3,250 residents by 2030 and 2,000 employees by 2027, and the City Council reaffirmed the long-standing policy of accommodating growth within the Ashland Urban Growth Boundary rather than growing outward into surrounding farm and forest lands in the Greater Bear Creek Valley Regional Problem Solving (RPS) planning process; and WHEREAS, the City of Ashland seeks to balance projected population and employment growth with the community goal of retaining a district boundary and preventing sprawling development, and to this end examines opportunities to use land more efficiently for housing and businesses; and WHEREAS, the City of Ashland continues the community's tradition of integrating land use and transportation planning, and using sustainable development measures such as encouraging a mix and intensity of uses on main travel corridors to support transit service and use, integrating affordable housing opportunities, and reducing carbon emissions by providing a variety of transportation options; and 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 Ordinance No. Page 1 of 4 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 August 11, 2015, and following deliberations, recommended approval of the amendments by a vote of 5-0; 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, September 15, 2015, and October 6, 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. Ordinance No. 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 Overly 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 A licabilit 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 Ordinance No. 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 Ordinance No. 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 13 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 an open space Gonsepjat;m, 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; Page 2 of 13 b.The proposed amendment furthers the street design and access management concepts of the Normal Neighborhood Plan. 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 amendments to the Normal Neighborhood Development Plan as identified in 18.3.4.030.C.1.b.i and 18.3.4.030.C.1.b.ii ^na whioGh is are subject to an administrative decision under the Type I Procedure. Type II Procedure. A minor amendment to the Normal Neighborhood Development Plan as identified in 18.3.4.030.C.1.b.iii is subject to a public hearing and decision under a Type 11 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. Page 3 of 13 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. 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. Page 4 of 13 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. Multiple Dwelling Residential Units are multiple dwellings that occupy a single building or multiple buildings on a single lot. Dwellings may take the form of condominiums or apartments. Auto parking is generally provided in a shared parking area or structured parking facility. 7. Cottage Housing. [Reserved] C. General Use Regulations. Uses and their accessory uses are permitted, special permitted or conditional uses in the Normal Neighborhood Plan area as listed in the Land Use Table. Table 18.3.4.040 Land Use NN-1-5 NN-1-3.5 NN-1-3.5-C NN-2 Descriptions Single family Suburban Suburban Multi-family Residential Residential Residential Low Density with Residential commercial Residential Uses Single Dwelling Residential Unit P P N N (Single-Family Dwelling) Accessory Residential Unit P P P N Double Dwelling Residential Unit N P P P (Duplex Dwelling) Cottage Housing [Placeholder] P N N N Clustered Residential Units N P P P Attached Residential Unit N P P P Multiple Dwelling Residential Unit N P P P (Multi family Dwelling) Manufactured Home on Individual Lot P P P P Manufactured Housing Development N P P P Neighborhood Business and Service Uses Home Occupation P P P P Retail Sales and Services, with each building limited to N N P N 3,500 square feet of gross floor area Professional and Medical Offices, with each building N N P N limited to 3,500 square feet of gross floor area Light manufacturing or assembly of items occupying six hundred (600) square feet or less, and contiguous N N P N to the permitted retail use. Restaurants N N P N Page 5 of 13 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 Community Gardens P P P P Open space and Recreational Facilities P P P P P = Permitted Use; CU = Conditional Use Permit Required-, N = Not Allowed 1. Permitted Uses. Uses listed as "Permitted (P)" are allowed. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of Part 18.5. See section 18.5.1.020 Determination of Review Procedure. 2.Conditional Uses. Uses listed as "Conditional Use Permit Required (C)" are allowed subject to the requirements of chapter 18.5.4 Conditional Use Permits. 3.Prohibited Uses. Uses not listed in the Land Use Table, and not found to be similar to an allowed use following the procedures of section 18.1.5.040 Similar Uses, are prohibited. 18.3.4.050 Dimensional Regulations A. The lot and building dimensions shall conform to the standards in Table 18.3.4.050 below. Table 18.3.4.050 Dimensional Standards NN-1-5 NN-1-3.5 NN-2 NN-1-3.5C Base density, dwelling units per acre 4.5 7.2 13.5 Minimum Lot Area, square feet 5,000 3500 3000 (applies to lots created by partitions only) Minimum Lot Depth, feet 80 80 80 (applies to lots created by partitions only) Minimum Lot Width', feet 50 35 25 (applies to lots created by partitions only) Setbacks and yards (feet) Minimum Front Yard abutting a street 15 15 15 Minimum Front Yard to a garage facing a public street, 20 20 20 feet _ Minimum Front Yard to unenclosed front porch, feet 82 82 82 6 6 6 Minimum Side Yard 0 s 6 s Minimum Side Yard abutting a public street 10 10 10 Minimum Rear Yard 10 ft per Bldg Story, 5 feet per Half Story Setback and yard requirements shall conform to the Solar Access Solar Access standards of chapter 18.4.8 Page 6 of 13 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 Minimum Outdoor Recreation Space, percentage of lot na na 8% 1 Minimum Lot Area , Depth, and Width requirements do not apply in performance standards subdivisions. 2 Minimum Front Yard to an unenclosed front porch (Feet), or the width of any existing public utility easement, whichever is greater; an unenclosed porch must be no less than 6 feet in depth and 8 feet in width, see section 18.6.1.030 for definition of porch. 3 Minimum Side Yard for Attached Residential Units (Feet) B. Density Standards Development density in the Normal Neighborhood shall not exceed the densities established by Table 18.3.4.050, except where granted a density bonus under chapter 18.3.9. Performance Standards Options and consistent with the following: 1 General Density Provisions. a. The density in NN-1-5, NN-1-3.5, NN-1 -3.5-C and NN-2 zones is to be computed by dividing the total number of dwelling units by the acreage of the project, including land dedicated to the public. b. Conservation Areas including wetlands, floodplain corridor lands, and water resource protection zones may be excluded from the acreage of the project for the purposes of calculating minimum density for residential annexations as described in section 18.5.8.050.F. c. Units less than 500 square feet of gross habitable area shall count as 0.75 units for the purposes of density calculations. d. Accessory residential units consistent with standards described in section 18.2.3.040 are not required to meet density or minimum lot area requirements. e. Accessory residential units shall be included for the purposes of meeting minimum density calculation requirements for residential annexations as described in 18.5.8.050.F. 2. Residential Density Bonuses. a. The maximum residential density bonuses permitted shall be as described in section 18.2.5.080.F. b. Cottage Housing. [Reserved] 18.3.4.060 Site Development and Design Standards. The Normal Neighborhood District Design Standards provide specific requirements for the physical orientation, uses and arrangement of buildings; the management of parking; and access to development parcels. Development located in the Normal Neighborhood District must be designed and constructed consistent with the Site Design and Use Standards chapter 18.5.2 and the following: A. Street Design and Access Standards. Design and construct streets and public improvements in accordance with the Ashland Street Standards. A change in the design of a street in a manner Page 7 of 13 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 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. Page 8 of 13 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: 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. Page 9 of 13 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. 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. 7. Conformance with Open Space Network Plan: New developments must provide open space consistent with the design concepts within the Greenway and Open Space chapter of the Normal Neighborhood Plan Framework and in conformance with the Normal Neighborhood Plan Open Space Network Map. The open space network will be designed to support the neighborhood's distinctive character and provide passive recreational opportunities where people can connect with nature, where water resources are protected, and where riparian corridors and wetlands are preserved and enhanced. a) The application demonstrates that equal or better protection for identified resources will be ensured through restoration, enhancement, and mitigation measures. b) The application demonstrates that connections between open spaces are created and maintained providing for an interlinked system of greenways. c) The application demonstrates that open spaces function to provide habitat for wildlife, promote environmental quality by absorbing, storing, and releasing storm water, and protect future development from flood hazards. 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. Page 10 of 13 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 11 of 13 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. n 00 I 1 _ i Page 12 of 13 Normal Neighborhood District Zoning Classification Map. far -LAP ~ ZorEEt1C„}, a NN-1-5 NN-1-3.5 4 NN-1-3.5-C NN-2 Open Space ffGVL-- AY Read Classifications rrefgborhood collector local street 9 =ti n., shared street i pwh i Normal Neighborhood [district Zoning Classifications o 2 4W WoFeet Page 13 of 13