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HomeMy WebLinkAbout2003-1202 Council Mtg PACKET CITY OF -ASI ILAND Council Meeting Pkt. BARBARA CHRISTENSEN CITY RECORDER imPo~nt: An~ citizen attending counCii meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been closed. The Public Forum is the time to speak on any subject not on the printed agenda. 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, The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 2, 2003 - 7:00 p.m. Civic Center Council Chambers, 1175 E. Main Street II. III. IV. VI. VII. VIII. IX. PLEDGE OF ALLEGIANCE: ROLL CALL: APPROVAL OF MINUTES: Regular Council Meeting Minutes of November 18. SPECIAL PRESENTATIONS & AWARDS: 1. Mayor's recognition of Jim Nagel as award recipient for the Oregon Governor's Council on Physical Fitness & Sports, Fitness Leadership Award - Mayor's Certificate. CONSENT AGENDA: 1. Minutes of Boards, Commissions and Committees. 2. Liquor License application from Robert Day dba Apple Cellar. ~,~. Adoption of Findings for Planning Action 2003-105. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker, unless it is the subject ora Land Use Appeal. All hearings must conclude by 9:30 p.m. or be continued to a subsequent meeting.) (None) PUBLIC FORUM: Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number of individuals wishing to speak.) UNFINISHED BUSINESS: (None) NEW AND MISCELLANEOUS BUSINESS: 1. Confirmation of Mayor's appointment of Michael Bianca as Police Chief. ~/~. Approvat of Intergovernmental Agreement with the Ashland School District for School Activities Levy, 2003-2007. C OUNC1L M I';ET1N(iSARE B ROAI)( ?AS I'I.IVEON (;tIANN El, 9 F,~ ViS1T TItE CITY OF AStlI,ANIYS WEB SITF AT WWW.ASHI AND O l [ S Xl, j~DINANCES, R ES O L U TIJ31q~-,~I~D'-C~N TRACTS: . Reading by title only of~A Resolutio.~dopting an Investment Resolution for U,S. Bank to meet the requ~nts of~the~ank Secrecy Act." [/,2. Reading by title only of"~:Resolut_Li.o~garding the Recommendation of Future Growth Areas for the City of Ashland as part of 'NOW x 2,' the Bear Creek Valley Regional Problem Solving Process." OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS: Xll. ADJOURNMENT: In compliance with the Americans with Disabilities Act, ff you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35. 102-35.104 ADA Title I). COUNCIl. MI~;ETINGS AR[: BRf)AI ( ASI I IX,,l: ON ( tlANNId, 9 VISH' THE CITY OF ASIll AND'S WEB SIFE AT WWW.ASHI. AND.OR,US MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 18, 2003 - 7:00 p.m. Civic Center Council Chambers, 1175 E. Main Street CALL TO ORDER ROLL CALL Councilor Laws, Amarotico, Hartzell, Jackson, and Heam were present. Councilor Morrison was absent. APPROVAL OF MINUTES The minutes of the Regular Council Meeting of November 4 and Study Session Minutes of November 5 were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Presentation of donation to the Ashland Fiber Network by the Cow Creek Tribe. Mayor DeBoer explained that the representatives were not able attend this evenings meeting and acknowledged the City's appreciation of the $50,000 donation from the tribe. 2. Announcement of Tree of the Year. Tree Commissioner Bryan Holley announced that the Tree of the Year is a Pecan Tree located between 762 and 774 B Street. Holley thanked all that were involved, and noted that the selection this year was moved from the spring to the fall so that deciduous trees could be included. 3. Introduction of General Manager for Rogue Valley Transportation District. RVTD Board Member Connie Skillman introduced Peter Jacobson as the new General Manger for the Rogue Valley Transportation District. 4. Update on Siskiyou Boulevard Construction. Public Works Director Paula Brown gave a brief update on the Siskiyou Boulevard construction, stating the project is expected to be completed by December 15th, however may be delayed due to weather conditions. Brown further explained that they require at least two days of good weather in order to complete the final lift of paving. Brown stated they are well within budget for the project, and worst case scenario would be the final paving is delayed until April. Mayor DeBoer noted the attendance at the League of Oregon Cities Conference by tfimself, Councilor Hartzell and City Administrator Gino Grimaldi. CONSENT AGENDA 1. Minutes of Boards, Commissions and Committees. 2. Confirmation of Mayor's appointment of Diane E. White to the Forest Lands Commission for a term to expire April 30, 2004. 3. Confirmation of Mayor's appointment of Jack Christman to the Bicycle & Pedestrian Commission for a term to expire April 30, 2005. 4. Confirmation of Mayor's appointment of Keith Swink to the Historic Commission for a term to expire April 30, 2004. 5. Termination of power line easement located at 997 Oneida Circle. Councilor Hartzell/Jackson m/s to approve Consent Agenda. Voice Vote: All AYES. Motion Passed. Mayor DeBoer noted an opening on the Traffic Safety Commission. PUBLIC HEARINGS AS[!LA ~,:D CI 7"~ CO UN(TL MEE [TN(; NO~'EMBER t8, 2003 IL4(.7£ I OF6 1. Public Hearing regarding Appeal of Planning Action 2003-105 (A request for a Conditional IJse Permit to allow the existing 6,858 sq. ft. interior of the National Guard Armory facility, located at 1420 East Main Street, to be used for a variety of events, including trade shows, flea markets, community events, and private parties between the hours of 8:00 a.m. and midnight). Applicant: Oregon Military Department Mayor read aloud the procedure for the Public Hearing. Public Hearing Open: 7:30 p.m. Ex parte Contacts Mayor DeBoer declared a potential conflict due to his ova~ership of the Historic Ashland Armory. Councilor Amarotico also stated a potential conflict. Staff Report Assistant Planner Brandon Goldman explained this is an appeal by the Oregon Military Department, in regards to a request for a conditional use permit for both public and private events. The request was originally approved with 6 conditions. After the approval, Staff received a number of public concerns, and held a public hearing in front of the Planning Commission as a result, in acknowledgement of the public testimony, Staff recommended that two additional conditions be added to the permit: 1) "Conditional Uses shall be limited to 8:00 a.m. to 9:00 p.m. Sunday through Thursday, and 8:00 a.m. through I 1:00 p.m. on Friday and Saturday." 2) "No more than 12 conditional use activities occur past 7:00 p.m. dunng a given month" Councilor Jackson inquired about the zoning of the Armory. Goldman explained the property is zoned SO, which is the Southern University Zone. As part of this zone, SOU has produced a master plan that delineates the use of all parts of their property. Brandon further explained this property is under SOU ownership and the National Guard leases the property. As part of the master plan, the ama is included in the Community Partnership Area, which means the Armory is intended to be used for non-SOU activities, including partnerships with other organizations for use of the facilities. Councilor Hartzell asked under the SO Zone, is there a definition of what requires a Conditional Use Permit? Goldman explained there is criteria that states activities or new uses within 50 feet of residentially owned property triggers a Conditional Use Permit. Goldman also stated that National Guard activities and commtmity events are permitted under the original approval, and that this Conditional Use has to do with those activities that are more commemial in nature. Applicant Col. Mike Caldwell/2215 Dorchester Drive, Salem Lt. Col. Rendell Chelton/1776 SE Militia Way, Salem Caldwell stated that the Military entered into an agreement with the Oregon Dept. of Higher Education in January 1979, the Armory was then constructed, and the Military has been renting it out for events for the past 15 years: Caldwell stated they have contacted SOU tn determine what type of uses they are using their own on-campus location for, and found that they are using it for similar type uses as the armory. The University rents their facilities to the public and has stated that they are not required to obtain a Conditional Use Permit. The Oregon Military Dept. believes that the rental use of the Ashland Armory is comparable to that of the University, and therefore are appealing to the conditions set by the pemfit. Caldwell stated that under Oregon legislature they are required to obtain a certain amount of funds from the use of the Armory in order to offset the cost of their operations. Caldwell noted that their use satisfies the criteria set by the Ashland Municipal Code sections l 8.104.050A and 18.104.050C, and also mentioned that the Municipal Code states that use should be permitted without imposition of conditional uses regarding hours of use, or number of events. Caldwell concluded by stating if it is determined that they must obtain a permit, they do not feel they should ~SHIM,'¥1) ~71'} ('OUN('//. MEEI?NG t'4GE 20l; 6 NO~,'E:'I,[f~ER 18, 20t)3 be limited to 12 uscs per month or adhere to the limited hours available for renting. Chelton added that Ashland is the only city that is requiring a Conditional Use Permit, and clarified the types of events being held would be community-oriented, such as anniversary and birthday parties, which would not pose a significant impact on the community. Chelton explained the revenue from these events is very critical to keeping their people employed and offsetting the cost to operate their facilities. In Favor of Applicant Kent Cutting/1447 E. Main/Cutting stated he is upset by the individuals claiming there is noise coming from the Armory, and can't believe their is opposition to the Military Dept. and what they are trying to accomplish. He explained he is not bothered by the events at the Armory, despite the proximity to his home, and stated these facilities are here for a reason and should be used for community events. Julie Alves/251 E Hersey/Events Marketing Coordinator for the Armories of Southern Oregon/Alves stated the Armory has been scheduling these events for the past 15 years, and not one person from the Millpond area was complaining until the events were brought to their attention in the paper. She explained the types of events that would be hindered by these conditions, and stated the majority of the events would be non- commercial. Alves mentioned the '96 flood and asked the Council to consider what would happen if the Armory did not obtain the funds that enabled them to function. Opposed to Applicant Johanna Fisher/77 Mallard/President of Millpond Homeowner's Association/Spoke on behalf of herself and the Association, stating their objection was against the Military's request to hold events until midnight, 7 days a week. Fisher stated if this happens, the community will suffer from the increase in noise, light, and traffic, and will cause sleep deprivation in the neighborhood. Sidney Abrahams/89 Mallard/Stated the Armory is quiet the majority of the time, however he has been awakened at least three times in the past 12 years due to loud music. Abrahams asked the Council to adhere to the Planning Commission's recommended conditions. Susan Rust/42 N. Wightman/Spoke regarding the zoning compatibility issue, stating the SO zoning allows for a variety of uses "which are directly related to the educational functions of Southern Oregon University...". No where does it mention commercial or profit making activities, or any sort of use that might threaten the peace, quiet, and safety of the residents and visitors in the surrounding homes, parks, bikeways, and schools. Rust urged the Council to either deny the permit outhght or uphold the compromise set by the Planning Commission. Moe Ross/157 Blue Heron/Stated he supports his neighbors and treasures the quietness. Ross asked if it was a possibility for the permit to be revoked later down the line. Edith Montgomery/156 Blue Heron/Stated the conditions set by the Planning Commission addressed the concerns of the citizens, and urged the Council to let the Commission's decision stand. Selene Raffel/75 N Wightman/Stated the Armory could hold 365 events a year and maintain the funds needed without infringing on the neighborhood. Raft'ell asked that the Council preserve the neighborhoods peace and quiet by letting the Planning Commission's compromise stand. Staff Response Council briefly discussed several issues, including: traffic generation, noise impacts, target use of the SO Zone, monitoring the activities, how to interpret the regulations, and adjusting the cut-off time from 7 p.m. to 8 p.m. Staff stated the intent of the conditions were to try to control the level of commercial activity, and the associated noise and light distractions. ,IS[tLANI.) ('IT~ CO(JN(TL A4EE77NG tL~G]'~ 3 NOI. Tf,It~ER 18, 2~103 Rebuttal Caldwell stated the events are clearly within the 50-ft. regulation. He also stated their concern is regarding the 12 conditional uses per month, stating that 7 p.m. is too restrictive, and would like a minimum of 12 p.m. set for the weekends. Public Hearing Closed: 9:00 p.m. Council Deliberation Council discussed: · changing the C.U.P. time from 7 p.m. to 8 p.m., or deleting condition #8 entirely · how to distinguish between community and commercial events · keeping records of the events, including dates and when they concluded · the legality of defining the different types of events · adding new conditions to the application Hartzell ntis to deny the appeal and add the conditions that increased illumination be confined to the boundary lines, a record of events be maintained by the National Guard, and that staff define community events separate from the events that would happen under the conditional use permit. No Second, Motion Dies. Councilor Hartzell stated her intent of the motion was to the address the concerns of the neighbors regarding light and glare, and wanted to set a reasonable standard. Jackson/Laws ntis to add three conditions to those imposed by the Planning Commission: 1) direct Staff to come back with a definition of how to distinguish what falls under the conditional use permit, and to direct the applicant to maintain a log so that they can ascertain how that is working; 2) use the Parks criteria for the dark sky protection; 3) change Planning Commission condition #8 to read "that no more than 12 Conditional Use activities occur past 8:00p. m. during a given month". Roll Call Vote: Laws, Jackson, Hearn; YES. Amarotico, Hartzell; No. Motion Passed 3-2. PUBLIC FORUM Randy Johnson/1401 Oregon Street #495/ Explained that landlords have been discriminating against possible tenants due to their educational status, and asked if the Housing Commission or City could assist in this problem. Johnson also stated the Electric Company has turned down an older student who applied for the City Energy Assistance Program, and asked that the Council look into this matter as well. Jim Featherstone/548 C Street/Spoke regarding a request for sewer/water connection to 1525 Tolman Creek Road due to failure of the well and septic system. Eric Navickas/711 Faith Avenue/Updated the Council on the expansion of Ski Ashland and provided the EPA comments for the Ski Ashland DEIS. Bill Skillman/635 Oak Knoll/Made favorable comments about the Ashland Police Department. UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Quarterly Financial Report: July - September, 2003. Finance Director Lee Tuneberg presented the financial report for the fiscal year ending September 30, 2003. The report included: · Summary of Cash and Investments as of September 30 for the last two years · Combined Statement of Financial Position · Schedule of Revenues by Fund · Schedule of Budgetary Compliance per Resolution #2003-31 ASr/LAND ('/TY CO~ N('I£ :~4EEITNG t'A(;E 40P' 6 NO!/E3gBER 18, 2003 Tuneberg explained that the reports are intended to present information in formats consistent with the department, fund, and business activity included in the adopted FY 2003-2004 budget document and the manner in which it will be shown in the end of the year report. Tuneberg stated they are about where they arc suppose to be, and explained the next quarter will be a better telling quarter. Councilor Jackson/Amarotico m/s to accept Quarterly Financial Report for September 30, 2003. Voice Vote: Ail AYES. Motion Passed. 2. Council Authorization to dispose of surplus property valued in excess of $10,000. Tuneberg stated Staff is seeking approval from Council to authorize the Pumhasing Agent to dispose of surplus equipment in the amount of $108,600. Tuneberg explained the disposals are usually done by trade-ins or a sealed bid. Councilor HartzelFLaws m/s to approve authorization to dispose of surplus property. Voice Vote: All AYES. Motion Passed. 3. Charter Cable Television Franchise Renewal. City Attomey Paul Nolte explained the new agreement is for a 5~year term. The previous agreement (which expired in May of this year) was a 20-yr. contract, but due to the rapidly changing industry, a 5-yr. term is in the best interest of the City. Nolte stated the negohations centered around the PEG Access fees. Charter has agreed to pay $.75 per customer, and will also be giving the City a $50,000 grant for PEG Access equipment that will be used to improve the equipment in the Council Chambers. Nolte stated the major differences in this agreement are: 1) the definition of gross revenue excludes "launch fees" 2) language was added in paragraph 3.6 to restrict the City's access to customer names 3) it includes that the City "shall endeavor to require a similar financial contribution, or an equivalent benefit for PEG Access, from Ashland Fiber Network Cable Television (AFN) upon the renewal of AFN's cable franchise." Nolte noted one more change that needed to be made to section 7.1.1, which should include customer identification numbers not be divulged to City staff ibr privacy concerns. Hartzell/Jackson m/s to extend meeting to 10:30 p.m. Voice Vote: All AYES. Motion Passed. Council discussed the possibility of mutually selecting the audit officer. Gary McDonald/2782 Oak View Avenue, Central Point/ General Manager for Charter Communications/Commented on customer data, and stated it is his understanding that under the Privacy Act imposed on cable operators, the City cannot participate in any way where there is potential for information to be divulged. Councilor Hartzell/Amarotico m/s to approve franchise agreement with the change to a mutual selection of auditor, and if this is not successful the issue would come back to the Council. Voice Vote: All AYES. Motion Passed. ORD1NANCES~ RESOLUTIONS AND CONTRACTS Second reading by title only of "An Ordinance Amending Ashland Municipal Code Section 2.04.040 by Revising Rules of the City Council with respect to Public Hearings and First Reading of an Ordinance Pertaining to the Public Hearing." Councilor Jackson/Hearn m/s to approve Ordinance #2902. Roll Call Vote: Hartzell, Jackson, Laws, 4SIILA;VI) (77'} COUNCIL MEETING PA(,:£ 5 ()l' 6 NO~'EMBER 18, 2003 Amarotico, Hearn, YES. Motion Passed. 2. Reading by title only of "A Resolution Setting the Time and Place for a Public Hearing on the Withdrawal of Certain Real Property from Jackson County Fire District No. 5, and Directing Publication of Notice as Required by ORS 222.524 (Russ Dale Annexation, 250 Clay Street)." Councilor Laws/Jackson ntis to approve Resolution #2003-36. Roll Call Vote: Jackson, Hearn, Laws, Amarotico, Hartzell, YES. Motion Passed. OTHER BUSINESS FROM COUNCIL MEMBERS Mayor DeBoer noted a Joint Study Session with Council and Planning Commission is scheduled for 7:00 p.m. on November 25th. Councilor HartzelI stated an Open House on the Riparian Ordinance will be held Thursday at 7p.m. in the Council Chambers. ADJOURNMENT Meeting was adjourned at 10:20 p.m. Barbara Christenscn, City Recorder Alan DeBoer, Mayor .¥()!,TA'It~ER 18, 2(10 ~ DATE: TO: FROM: RE: Office of the Mayor Alan ~. DeBoer MEMORANDUM November 25, 2003 City Council Members Mayor Alan DeBoer Recognition of Jim Nagel as award recipient for the Oregon Governor's Council on Physical Fitness & Sports, Fitness Leadership Award - Mayor's Certificate. City Council Meeting - December 2, 2003 Jim Nagel was recently nominated for the Oregon Governor's Council on Physical Fitness & Sports, Fitness Leadership Award - Mayor's Certificate, and a recipient of this award during the League of Oregon Cities Annual Meeting in Eugene earlier in November. Recognition is given to individuals in their communities who have made significant contributions in the broad areas of physical fitness. Jim has been a powerful presence in this community for many years and his accomplishments are ones that deserve local recognition as well. Jim, until his retirement last fall, was the head football coach at Ashland High School for 20 years. He currently continues at Ashland High School as the athletic director. Under Jim's guidance his Grizzlies captured state championships in 1989, 1991 and 1998, and numerous conference championships - despite being one of the state's smallest schools in Class 4A. Many of his student-athletes excelled to such a degree that they chose professional careers in sports. Beyond being an exceptional football coach, Jim instilled a work and moral ethic for Ashland High School athletes that will benefit his players far beyond high school. For Jim, playing the game was only part of the equation; a healthy attitude was also an ingredient in the path of achieving greatness. One need only attend an Ashland High Football game and witness thousands of fans playing tribute to their team and enjoying a fall Friday night together. From pre-dawn workouts in the weight room, to lectures on the importance of being a good citizen on and off the field, Ashland High School players reaped the rewards of the Nagel Years. The Pacific Rim Bowl was his crowning achievement, developing an exchange of ideas, culture and football with Japan. Since 1988 Ashland High School and the Japanese High School Ali-Star Team have traveled to Ashland and Osaka for games that truly meant more than any final score could illustrate. Over 500 students from Ashland and Japan have participated in exchanges over the years, and the Pacific Rim Bowl is the only high school athletic exchange between the two countries. Congratulations, Jim. City of Ashland · 20 East Main Street · Ashland, OR 97520 · (541) 488-6002 ° Fax: (541) 488-5311 · Emaih awdb@aol com CiTY OF ,ASHLAND D___RAFT ASHLAND HISTORIC COMMISSION Minutes November 5, 2003 CALL TO ORDER At 7:02 p.m., Chairperson Dale Shostrom called the meeting to order in the Siskiyod Room, located in the Community Development/Engineering Services Building at 51 Winbum Way. In addition to Shostrom, members present were Alex Krach, Joanne Krippaehne, Jay Leighton, Rob Saladoff, and Sam Whifford. Also present were Council Liaison John Morrison, Associate Planner Mark Knox, and Account Clerk Derek Severson. Terry Skibby arrived at 7:00 p.m. (Member Keith Chambers is on sabbatical. APPROVAL OF MINUTES Krippaehne requested the following correction to the October 8t', 2003 minutes, in the fourth paragraph of page six: "Krippaehne asked about using access for parking from the alley between the hole! existing parking garage and the proposed building." Whitford/Saladoff mis to approve the minutes of October 8TM as amended. Voice vote: All AYES. Motion passed. Krippaehne stated that in the fourth paragraph of page one, she would like to make the following change in the third sentence: "For example, she cited Craftsman and Queen Anne styles as being completely different at the turn of the century; however, ne:;' thc:,, Krippaehne/Leighton mis to approve the minutes of October 21st as amended. Voice vote: All AYES. Motion passed. PUBLIC HEARINGS Planning Action 2003-118 Physical & Environmental Constraints Permit 265 Glenview Drive Sidney and Karen DeBoer Krippaehne noted that she had a conflict of interest due to a professional relationship with the applicants and would be removing herself from the meeting. Knox recounted the background of this application and noted that it had originally been granted staff approval but was then called up to a public hearing. He noted three maps that had been posted to illustrate the site, and discussed the proposal. Knox explained that the property is zoned R-1-7.5 and has an existing house that was built in the 1980's which is to be removed. He added that the remaining parcel is 22,000 square feet with a roughly 11,000 square foot home proposed to be built. Knox reported that an addition was initially proposed for the 1910 Frank Clark-designed Humboldt Pracht house but that plan was changed to the current design to address concerns expressed by this commission. Knox pointed out that multiple architects had been involved in the project and that there had been numerous meetings between these architects and staff. Knox further explained that the previously proposed addition to the Pracht house would not have required public review by the Historic Commission. He stated that the changes in response to commission concerns lead to the current design and this public review. Knox noted that the design minimized the mass and scale of the structure given the large size. He added that he had seen the evolution of the design resulting in the structure being setback into the hillside and mitigating the impact. Knox discussed the nature of Physical and environmental constraints permit applications. He stated that they are a staff permit and the applicable criteria do not address design within the historic district. Knox pointed out that the proposal is Ashland Historic Commission Minutes 1 November 5, 2003 CITY OF -ASHLAND located within the historic district but is classified as non-contributing due to its age. He explained that the proposal was to locate the new house thirty feet away and up the hill from the National Register-listed Pracht house. Knox reiterated that that a Physical and environmental constraints permit review has no design controls within the historic districts. He added that such controls were specifically omitted to avoid limiting typical design features of historic homes such as gables, steep roof pitches, and masses. He emphasized that there were no design criteria to approve or deny the application, and further explained the need to consider erosion control measure, cut and fill aspects, and tree preservation in the motion. Knox stated that the applicants had employed a geotechnical engineer to address these aspects of the application. Saladoff clarified that the lot containing the Frank Clark home was being reduced to 8884 square feet, and asked staff whether lot coverage issues had been looked at. Knox confirmed that staff had looked at lot coverage and that the proposal would barely meet the lot coverage standards by removing some elements such as a brick courtyard in order to address impervious surfaces. Saladoff questioned considering the attic as a half-story, and he noted that there was clearly living space above. He stated that while the basement might net be considered a stoW he felt there was clearly a third stoW of living space. Knox responded that the standard is for two-and-a-half stories and a maximum height of thirty five feet. He stated that the bottom floor here, as seen from Vista Street, is by definition a basement as it is covered by earth. He explained that the home consists of a basement, first and second stories and a half-story above. He added that the average height is right at thirty five feet. Skibby asked whether only one structure was being replaced. Knox stated that the garage would remain and that only the 1980's house would be removed. He added that the house to be removed is three-and-a-half stories, and that the proposed structure is not as high. He stated that the new structure is similar to the garage but wider. Applicant Sid DeBoer/234 Vista Street thanked Knox for providing a history of the application. He stated that he finds this proposal to be a better solution than the original proposal. He emphasized that the applicants do not want to damage the town, and added that he feels that they have enhanced the town. He stated that the new home will one day be historically significant. He emphasized that the proposal has a 4,000 square foot footprint. He explained that the original design was more prominent and not set into the hillside, but after meeting with staff and the commission the decision was made to set the structure into the hill and meet all of the standards. DeBoer pointed out that the elevations do not illustrate the degree of coverage provided by the hillside in mitigating the impact of the structure. He discussed how the design mitigates the impact; Karen DeBoer added that a new paint color will be used to further lessen the impact. Project Architect Ken Ogden, of Ogden Kistler Architecture/2950 E Barnett Road, Medford, OR 97504, emphasized that if the house were built on the lawn area no review would have been necessary. He explained that the applicants desire to nestle the structure into the hill out of respect for the neighbors lead to the need for this application. Ogden noted that the proposed design emulated Greene and Greene-designed houses in Pasadena. He added that the trees on site will screen the structure, and he suggested that the applicants' role in the community necessitates the inclusion of a large room for events. He stated that at such events, they have valet parking at the nearby parking structure. DeBoer added that they also sometimes have guests staying at the Ashland Springs Hotel and walking to their home for events. DeBoer concluded that the applicants had compromised to the extent possible, and that they hope for the commission's support. He emphasized that the project was not undertaken lightly. Ogden showed color and material samples. Ogden added that engineers Amrhein and Taylor had worked to design the stair-stepped cuts into the hillside in order to avoid destabilization, and that the structure would be appropriately founded into the hill with appropriate retainage. Ogden stated that the structure's being nestled into the hillside reduces its solar impact. He stated that it was fifteen to twenty feet below the limit calculated under the solar ordinance, and would cast no shadow on the neighbors' properties. He reiterated that the new structure is lower than the existing structure which is to be removed. He added that the Demolition Review Committee had approved the demolition proposed, and the intent was to salvage materials from the demolished structure if site constraints prevent it from being moved off-site. Ogden pointed out that the design as viewed on-site will be less harsh than the two dimensional elevations as the elevations cannot adequately illustrate the way the structure is setback and articulated. He explained that the grade at Glenview will lessen the structure's profile by reducing its massing. He restated that it will appear less massive than the existing house. Ashland Historic Commission Minutes 2 November 5, 2003 CiTY OF ,-ASHLAND Ogden stated that he was available for questions by the commission, and he commended the applicants for their efforts. He stated that the proposal represents true architecture rather than mere gingerbread surface treatments. He stated that the home's essence is a truism reflected in functional features such as the prominent exposed beams, and he suggested that the home will be long-lived. Morrison clarified that the new structure is roughly two-and-a-half times wider than the existing. DeBoer noted that this is somewhat deceptive due to the amount of city street right-of-way nearby. DeBoer discussed the need to get space in the new home for events without dominating the site. He added that much of this was accomplished within the basement area which is not visible from the street. Ogden noted that from Vista Street, some of the roofline would be visible. He added that the vegetation to remain will screen the structure and a berm will be used to offset excavated areas. Shostrom opened the public hearing at 7:40 p.m. P~ii $0 by/spoke n favor of the application. He noted that he was a Iongtime Ashland resident and that his father had the Chevrolet dealership in town when DeBoer's father had the Chrysler dealership. He stated that he has known the DeBoers for years. Selby noted that when his father built one of the largest homes in Ashland in 1953 on Walker Street there was a similar outcry from the citizens. He suggested that while it may bring envy and resentment, he feels that if the project meets city standards and fits the site the applicants should be allowed to build it. He emphasized that the proposal meets city requirements, and added that the applicants have done a lot for the community. He concluded by noting that criticism of large houses occurred in the past as well, and those houses are now considered historically significant. Bill Patton/Il0 Terrace Street stated that he lives directly above Glenview, and that he built his home there forty years ago. He stated that he likes his site for the view, and he was concerned with the proposal initially. He explained that after seeing the design, he is very impressed with how well it fits the site. He stated that it is lower than the present structure and enhances the site. He suggested that it will be nearly unseen from the street. He commended the DeBoers for their community work, and added that the house would be a community asset and an enhancement. Oh~ s Addb~son! V Sta Street neighbor stated that he agreed with others in favor of the project, and added that it will be magnificent. He stated that this is not a "show-me" house, and he added that he felt that jealousy and small-mindedness had lead to the negative comments about the proposal. He pointed out that the community benefit from the house will outweigh any personal benefit to the DeBoers in that the house will allow events in support of community resources such as the hospital and the YMCA. Bryan Holley/324 Liberty Street noted that he has been given testimony at public meetings for a long time and is frequently told he must stick to criteria not irrelevant issues. He asked the commission, with all other issues aside, to consider whether this proposal was a single family home or an entertainment center. Bill StreetJ180 Meade Street asked for clarification about the commission's role. He noted that his feeling is that the commission's role gives them the freedom to comment and express their opinions. He reiterated that commissioners should be able to evaluate based on their historical expertise and comment. Street recounted that the DeBoers had moved to the site ten or eleven years ago and had since demolished two houses that fit the neighborhood. He reiterated that the commission's role was to comment in order to preserve the historic neighborhood. Street discussed local historian George Kremer's call for a maximum house size ordinance in historic districts; he emphasized that this ordinance had been approved by this commission, the Planning Commission and the City Council as a clear indication of the community's will. He asked that the commissioners keep this in mind when making motions as this structure has no resemblance to any historic pattern, and he added that the construction of such a structure would create a huge disruption for the neighborhood. He restated concerns with the impact of the large home and its proposed role as an entertainment center with potentially late hours on a small town historic neighborhood. Joan Steele1332 Glenn Street asked commissioners to recognize that the DeBoers' philanthropy was not at issue here. She added that Holley's analogy to an entertainment center was apt, and questioned what would happen to this home in fifty or one hundred years. She stated that it would endure even though the DeBoers would be gone. She asked whether there will be a need for a palace or entedainment center at that time. She added that a person can entertain in many places, and she noted that DeBoer's brother was remodeling a large home outside the district. She stated that the commission has a moral obligation to preserve the district and protect the character of the town. Ashland Historic Commission Minutes 3 November 5, 2003 CITY OF -ASHLAND Colin Swales/461 Allison Street noted that he was a Planning Commissioner speaking on his own behalf. He added that he would recuse himself from the Planning Commission hearing as he had been the one who called the demolition application up to a public hearing at the request of concerned neighbors. He stated that he would be speaking as a private citizen at the Tree Commission meeting and the Hearings Board hearing. He stated that the historic pattern was for smaller houses, and the proposal represents a different pattern. He suggested that the Historic Commission should not be limited to dealing with criteria and should instead be considering the historic district impact. Swales pointed out that the DeBoer house was on the cover of the document George Kramer prepared inventorying historic district homes for the city. He added that the new house will be visible from all around the city, and as such the view from the district, from downtown, and from all over the city must be considered. He pointed out that the Humboldt Pracht house was the largest home in the city at one time, and that the proposed home is four times larger. He urged the commission to consider LCDC Goal 5 and the city's Comprehensive Plan. He noted that the proposal involves cutting down the historic home's lot to the bare minimum, and he suggested that the State Historic Preservation Office (SHPO) should be contacted for their ruling on the impact of the proposed boundary line adjustment on the Frank Clark-designed home. Swales recalled the meeting where the initial proposal of a 4,000 square foot addition was considered and suggested that this proposal is no better. Swales added that his own inquiry about the Physical and Environment Constraints permit review requirements were all that brought this item before the commission. He also stated that the house could not be built more to the front of the lot due to the solar ordinance, and he suggested that it would be better in his estimation if houses were built to the front of their lots. He suggested that the placement of five feet of fill on the lawn area was inappropriate. Louis Leger/243 North Laurel Street explained that he owned a small home in the Skidmore Academy District. He emphasized that the commission's role is not to carry out Planning Commission or City Council functions but rather to provide historical expertise. He questioned how the proposal could be seen to fit in any historical concept. He added that the hospital on Laurel and the Swediriburg house on the SOU campus are the only structures that come close, and he emphasized that neither were single family homes. He suggested that the only exception seems to be that there is always one standout, prominent citizen, but he added that those homes are normally built within context. He stated that this proposal is not in context for Ashland. He noted that it does not look like the Ashland of the past, and he challenged anyone to explain the house in a historical context. He questioned the role and mandate of the commission. He pointed out that as a citizen, he was proud of the small 1911 single family home that he had restored and he likes Ashland for that sort of character. He stated that he did not want someone moving in and disrupting that character. He reiterated that he like the districts and their small homes, shacks and garage, with some homes a little larger than others. He concluded that the proposed nee-Greene and Greene is pretend, not Ashland. Knox explained the role of the commission as listed in the Comprehensive Plan as protecting the historic district, streetscapes and historic resources. He recognized that this home is to be the biggest in Ashland by his estimation. He noted that staff and the commissioners have worked to list each district in the city on the National Register in order to protect the homes and the city's heritage. He added that the city has adopted a maximum house size ordinance for its historic districts, and that he and the commission co-authored this ordinance to limit the maximum house size within the district at 3,249 square feet. He suggested that there was no intent on the part of the applicants to beat the deadline on this ordinance as the process began two years ago. Knox stated that the Historic Commission Review Board looks at single family home plans every Thursday afternoon, and he explained that they have no "yea or nay" power only an advisory role. He reiterated that this application is narrowly limited by the ordinance to address site issues as the historic district is intentionally excluded form the Physical and environmental constraints permit review criteria. He stated that the ordinance criteria cannot be shifted midstream, and he added that commissioners may comment on the design but should be clear to state whether their comments are based on opinion or criteria. Knox added that he had spoken to SHPO and that they basically support the commission's decision as a body recognized for its expertise by the state and federal governments. He stated that the commissioners must base their approval or denial on criteria. DeBoer stated that they would avoid disrupting the neighborhood during construction. He noted that he owns two of the neighboring houses, and added that there was no new driveway encroachment proposed. He pointed out that the Oregon Shakespeare Festival already has events all night through the season, and his events would be planned on Mondays when the Festival is nat running. He concluded that in fifty years, the property would be donated to the Sid and Karen DeBoer Foundation, and would likely be sold by the foundation with proceeds to be used to support educational charities in Southern Oregon. He indicated that this proposal meets the criteria without hurting the neighborhood, and is not an entertainment center but rather a two person single family home that will host an occasional party or event. Ashland Historic Commission Minutes 4 November 5, 2003 ~.ITY OF -ASHLAND Shostrom closed the public hearing at 8:12 p.m. Shostrom emphasized the criteria were the focus here, and noted that the commission would not even be hearing the item if it had not been called up to a public hearing. He reiterated that historic district design considerations are specifically excluded from the Physical and Environment Constraints ordinance. Shostrom suggested that the design is vertical as recognized by the applicants, but he recognized that that is not a criterion for consideration here. He concluded that while the issues of impact on the historic district are valid they are not at issue here. Krach asked staff if there was any way for the commission to protect the district in this case. He stated that he was disheartened that there was such a lack of protection and suggested that he feels that the commission's hands are tied. Knox stated that this was unfortunate, but he added that he would not want to see an appeal filed over the commission stepping out of bounds. Knox emphasized that the protections in place in Ashland are among the best in Oregon. He pointed out that the maximum house size ordinance is the most imposing restriction in the state without limiting design, just mass and scale. He explained that the Review Board's power of persuasion has been very effective in the past and that he feels most projects reviewed have benefited. He stated that the powers of the commission are limited by the state, and that there are no regulations on design review of single family homes within historic districts and even less review on new structures. He noted that this may change down the road, but that changes are not in place now. He recognized the desire for change that he hears from the community. He concluded that the commissioners could certainly state their opinions and express their frustration. Skibby reiterated that this was not a site review application. He added that it seemed to be an improvement over the proposal that had the structure placed nearer to the street. He stated that the current placement lessens the impact and is scaled down with less massing. He cited the reduced mass from Glenview. He recognized that the proposal is wider than the existing house, but he added that it is also more set back. He suggested that the visual impacts are comparable to the condominiums or apartments across the street. He also stated that the site is somewhat isolated, with newer homes down the street, and as such it is in an area where it will have a lesser impact. He recognized that the home will be seen from a distance, and that the windows suggest more mass, but he stated that the design had been scaled down. He concluded that the area is different than if this were proposed for B Street or Siskiyou Boulevard. Leighton stated that she did not feel that the commission was able to critique the design. She cited the huge mass, the disruption of the street pattern, and the impact to views from the entire valley as areas of concern. She emphasized that the commissioners were not skilled in areas needed to address the physical and environmental constraints review criteria. Shostrom suggested that the projects engineers had addressed the physical and environmental constraints criteria. He stated that he too was disheartened by the proposal, which he noted was six times the size of the average home and four times that which would be allowed under the new maximum house size ordinance. He stated that while this is disturbing it will be the last one and lead to the rally for the ordinance. He added that he feels for the neighbors who will have to deal with the construction's disruptions and the size and massing. Skibby emphasized that these issues could not be addressed tonight. Shostrom asked if the commission was really in a position to vote on this; Knox responded that commissioners could approve or deny based on criteria with a note of their opinions. He stated that he felt commissioners could review the proposed design details and identify any specific concerns. He reiterated that he believed the commissioners could still voice design concerns. Whitford noted that he is a Greene and Greene fan, and stated that he feels the proposed home is beautiful and totally inappropriate to the district. He recognized that this could not be addressed however, as the submittal predates the maximum house size ordinance. He pointed out that the view from little-used Glenview will be beautiful, but he stated that from Vista Street it appears more like a hotel with all of the decks and balconies. Skibby suggested that perhaps the commission could speak to this in its decision and recommend lessening the impact of the windows and decks while retaining their function. He reiterated that the proposal was quite an improvement over the original. Leighton agreed that the house was more visually interesting from Glenview, but she noted that the asymmetricity from the Vista Street side was heavy on one side. She noted the massing by the chimney and in the area near the garage. She questioned if the nearby garage would have the effect of increasing the massing. Ashland Historic Commission Minutes 5 November 5, 2003 CiTY OF ,ASHLAND Skibby pointed out how the lower railing was broken by a bay window. Ogden stated that the elevations were more broken up into multiple planes than could be shown in two dimensions. Skibby suggested that some offsetting might lessen the hotel-like appearance. Knox referred commissioners to floor plan sheets 3.1 and 3.2 in their packets as an illustration of how offsets are being used in the design. Skibby stated that he felt the mass would be lessened when viewed in three dimensions. Saladoff noted that numerous planes are used to mitigate the mass. He agreed that in two dimensions, the elevations seem hotel-like, but he stated that the floor plans help to clarify. Shostrom stated that the architects had done a good job with what they were given to accomplish; he suggested that it might be as good as could be done with such a project. Saladoff stated that his concern was not with the design, it was with a 10,000 to 11,000 square foot home being built on the hillside. He agreed that the project was nicely designed, and added that his objections are more philosophical. He added that he had concerns with the size, scale, neighborhood patterns, and issues of sustainability. He questioned the amount of waste material that would be produced by such a project, but recognized that this was not an issue that fell within the criteria to be considered. He suggested that from a design standpoint, the applicants had come as far as they can and any design comments would be minor. Leighton questioned if the commission had previously simply passed on reviewing a project that fell outside of their purview. Knox stated that this may have been done on a minor item before. He stated that the commission could opt to do the same here, and he added that the physical and environmental constraints review criteria were clearly outside of the commission's charter purview. He reiterated that members could simply opt to not make any recommendation. Leighton stated that without being able to speak to the massing or design it leaves little room for a decision. Knox suggested looking to craft a motion that managed to somehow express the opinion of commissioners as well as a decision. Krach stated that he could see a motion that moved to approve based on criteria with an expression of concern. Leighton stated that the decision needed is outside of the purview while design and scale are real concerns. Krach agreed that the voice needed seemed to be powerless but was still there. Whitford stated that the laws are stronger now. Krach suggested that the commission had influence with no real power. Morrison discussed his experience that matters like this are seldom clear cut, and he suggested that the key was to find a balance between the competing interests through the process. He stated that commissioners could certainly express their opinions from their historic and design expertise. He cautioned members away from pessimism, and pointed to the small victories achieved in retaining the Pracht house and finding the DeBoers responsive to earlier concerns. He added that the applicants have chosen an area near the downtown where larger buildings are more appropriate. He emphasized the need to find a balance through small victories. He added that members should make suggestions, and stated that he found the applicants to have been responsive. He stated that this had lead to a design that was as compatible as it could be. He recognized the difficulty that commissioners were experiencing, and he encouraged them to find a way to express this collective opinion. Knox confirmed for Saladoff that the commission would see this application again at the building permit review stage. Shostrom and Leighton suggested that the commission could move for denial based on the opinion that this decision would best preserve the neighborhood. Leighton/Whitford mis to deny Planning Action 2003-118 based on the purview of the commission set in the city charter, reflecting the opinion that the structure does not fit the historic district by its mass, scale, and partitioning of the site. Discussion: Members clarified that they were not recommending denial based on the Physical and Environment Constraints permit criteria. Krach suggested that this was an honorable motion even though it amounted to tilting at windmills. He recognized that the building was a beautiful design, but added that it was just proposed for the wrong place. Voice vote: Krach, Krippaehne, Whitford, Leighton, and Saladoff, YES. Skibby, NO. Motion passed 5-1. Shostrom called for a brief break at 8:46 p.m. The meeting resumed at 9:00 p.m. Ashland Historic Commission Minutes 6 November 5, 2003 CITY OF --ASHLAND Planning Action 2003-127 Land Partition, Site Review, Variance, and Administrative Variance and Exception 212 East Main Street Ed and Tanya Bemis Knox noted that this item had been continued from last month, and he added that the discussion at that time had to do with the lack of detail in the proposal. He explained that the Planning Commission had agreed that more information was needed to resolve design comments. He stated that the applicants have since provided additional information to the Review Board, and have attempted to eliminate all variances from the proposal except for the balconies. He stated that there was one additional area of staff concern, and that he was seeking the commission's help to resolve it. He stated that this would be a more formal discussion, with plenty of detail presented now including the cut-out's and renderings the applicant had posted. He stated that the plans presented give some options while the packet information that was distributed speaks to the prior comments. Knox clarified that the two relatively minor issues identified by staff as remaining were: 1 ) the balconies and 2) the vertical rhythms. Knox explained that the ordinance says that recessed or projecting balconies shall not be incorporated in a street- facing elevation. He pointed out that the prohibition on balconies in the design standards came out of looking at the downtown streetscape in its entirety. He stated that there are very few projections into the downtown streetscape, and in establishing the standards the Martino's building was seen as very foreign due to its stepped-back, recessed balconies. He clarified that the design standards intend to give the best guidance possible; he cited page 8 of the Site Design and Use Standards where exceptions are illustrated as showing a balcony that does not dominate the building's appearance or deviate from the collective historic facade. He added that the Gen Kal building at 180 Lithia Way had recently been granted an exception. He stated that staff feels that while the proposed design meets the intent of the ordinance it is still technically a request for a variance. Knox stated that the second staff concern had to do with the vertical rhythms. He explained that along Main Street, properties are typically distinguished by color variations, material treatment, or vertical breaks. He added that in addition to this pattern, buildings also typically step down with grade. He suggested that the architects need to establish these patterns here to address staff concerns. Knox stated that staff feels that the application is complete and can now move on to the Planning Commission with support from the staff. He added that he feels the design represents a wonderful investment in the downtown urban core with housing, hidden parking, and sustainable design. He stated that the minor design elements could be resolved here tonight. Shostrom opened the public hearing at 9:10 p.m. Applicants Ed and Tanya Bemis and architects Ken Ogden and David Wilkersen of Ogden Kistler Architecture introduced themselves. Ogden noted that the colored elevation displayed was based on the commission's comments from the last meeting. Ogden discussed the previous design as a single mass with no breaks and lots of glazing. He pointed out the changes made to reduce the glazing, repeat vertical patterns, extend columns to the ground, articulate the column caps, and separate the mass into a building, a core area, and another building wrapping around the side of Hargadine Street. Ogden noted that the commercial area nearest the hotel would have steel-framed windows with divided lights, and the central core structure would be slightly different. He stated that the more residential portion near Hargadine would have wood-framed windows. He discussed the anchored central point, the arches, refined historic details, cornices, and use of the base to anchor the structure. He noted that the proposal continued to read as one element due to the horizontal aspect. Ogden presented a new suggested design with a more definitive element in the form of a go-away strip to divide the structures. He explained that the central portion retains its 'sense of being the core through its different vocabulary, while the portion nearer to Hargadine gives rhythm and continuity while remaining distinct. He explained that he attempted to have each respond and communicate with the other, such as in the use or arches, without copying details. He added that the light fixtures, windows, and molding would be distinct. Ogden stated that each building has a clear sense of entry, and he noted that the unit nearest Hargadine had its entry to Hargadine. He also addressed the erosion of form on the Ashland Springs side of the development, noting that he was proposing less stair-stepping and modifying the single depth arch element to a cube. He stated that the changes result in a more powerful feeling of a streetscape with different buildings. Ogden pointed out that the scale, massing and height are all within standards for the zone. He explained that while there is some volume, the overall height is less than the Old Masonic building on the Plaza. He emphasized that the varied forms, the level of detail, and the articulation and undulation were in direct response to commission comments. He stated that Ashland Histodc Commission Minutes November 5, 2003 7 CITY OF : SHLAND while there are still six balconies in the proposal, the articulation of the primary face means that the balconies only project eight inches. He explained that this would soften the face from a pedestrian point of view, and noted that this change was in response to Planning Commissioner Marilyn Briggs' concerns that the balconies conflicted. Ogden reaffirmed that this was not the last time the commission would be seeing this design, and he stated that he would be coming back to the commission as design options presented themselves. He suggested that the applicants, architects, staff, commissioners, and city will be proud of the end result. Skibby inquired about the First Street elevation entries. Ogden discussed the retail space and plaza entries, and the entry on the core retail area. Skibby stated that this retail entry would be strengthened by double doors. Ogden suggested that these could be recessed back for a more protected feel. Wilkerson noted that the design being shown was a notch up from the packet materials as it had been redesigned today from staff input in a morning meeting. Ogden emphasized that the form and imagery better separate the three units. Knox stated that staff was very pleased with the changes presented. He noted that the Site Design and Use Standards do prefer recessed entrances. Ogden accepted that this could be made a condition of approval. Ogden discussed the Hargadine Street edge. He pointed out that there were a series of repetitive forms that steal somewhat from the Hotel behind. He stated that the design had a solidified base with a solid mass and centered focal point, broken up by planters, and fairly consistent with the original design but with increased loft area and windows over the stair tower. Ogden explained that the alley elevation would mirror the articulation of the new First Street elevation. He noted that where there were previously diagonal diamond grills to screen the parking, he had now added half-height walls with a horizontal pattern. He noted that the uphill door from the parking area would be an exit only. He stated that an awning at the pedestrian plaza would be the only highlight from the alley edge. Ogden reported that the pedestrian plaza edge had entry elements balanced back with an erosion of the fa(;ade and a centered plaster reveal that presented a public art opportunity. He stated that the artistic elements were yet to be defined, but he added that there would definitely be solid panels for the elevator shaft. Knox questioned whether the applicants would consider offering this space up for the Public Art Commission to design. The Bemis were agreeable to this request, and added that they felt that the hotel should be given some input as well given the proximity and orientation. Leighton question how the Hargadine stairwell would be defined. Ogden stated that he would love something besides leaving it blank, and suggested that he could bring ideas back to a later session. He emphasized that he was eager to discuss this item, and drew a proposal on the board with radiused roof forms and cabling to give an airier, open, contemporary feeling. He stated that he was excited by the opportunity to create an architectural sculpture. Wilkerson added that this would enliven the streetscape while letting light and air into the parking area. Ogden stated that it would draw in pedestrians. Saladoff stated that he felt the element was symmetrical, with the street all at one elevation. He agreed that the street read as more of a single elevation from Hargadine and stated that he would not be opposed to something contemporary as a break-up. Skibby stated that he was open to this idea as well. Ogden explained that the horizontality was overcome by material differences, cap articulation and height variation to break things up. Whitford asked whether the color changes reflected material differences. Ogden responded that they were similar materials but with differences in the color, texture and finish. He noted that there was a transition from smooth plaster to repetitious control joints that gave the appearance of stacked block and back to smooth plaster. Ogden added that plaster seemed to be the pattern in the downtown. He noted that there would be some plaster moldings but that most would be pre-cast. He stated that the cornice profile would be unique on each building. Doug Neuman/951 Emigrant Creek Road noted that he was the owner of the Ashland Springs Hotel and had been working a long time to bring this project forward. He explained that he had first intended to match the existing hotel structure on the lot behind but had found that this would be less appropriate and might detract from the existing. He added that he liked Portland Pearl District and it provided some guidance here. He noted that the last meeting's comments had redirected the design to a truer sense of Ashland architecture. He emphasized how excited he was with the current design, Ashland Historic Commission Minutes 8 November 5, 2003 CiTY OF - SHLAND which he feels is appropriate to both Ashland and the historic district. He stated that he was available for any questions the commission might have. Shostrom closed the public hearing at 9:45 p.m. Leighton questioned the open layout development where each tenant would be able to determine the arrangement of interior spaces rented. Wilkerson responded that spaces have been allotted to each use, and Ogden added that there was a new matrix that had been prepared breaking out the allocations. He added that generally the upper two levels are open for residential use but the commercial layouts are clearly defined. Bemis clarified that tenants will be able to configure their units uniquely and it gives them the opportunity to design their own interiors. He emphasized that the flexibility was in interior design details, not wall spacing. Shostrom questioned the total gross floor area; Wilkerson responded that it was not the 90,000 square feet stated in recent pieces in the Tidings and was closer to 80,000. Shostrom stated that based on the roughly 19,000 square foot footprint and three levels it is roughly 60,000 feet. Wilkerson and Ogden concurred with that assessment. Shostrom expressed his concern with the volume and scale, but noted that it was well-mitigated since the last meeting as the applicants had addressed the eighty foot vertical rhythms. Wilkerson responded that they had tried to address the design within an Ashland context and had tried to look to the Plaza for similarities. Shostrom and Skibby agreed that this was moving in the right direction. Wilkerson reiterated that the separation was based on comments to reduce the scale. Whitford suggested that the applicant had made huge strides in two weeks, with the appearance of three separate, smaller buildings. Ogden added that they were continuing on in that direction. Skibby reminded the applicant to clearly define the entrances on the First Street elevation and added that the motion should reflect this. Krippaehne agreed that well defined commercial entries from the street side are important. She expressed her disagreement with the arbitrary breaking up of the structure. She stated that this is a sham that does not make a better building. She emphasized that the exterior should reflect what is going on inside and that in this case there was no reason for the separation except for the standards. She agreed that the applicants had come a long way in getting to the standard. She reiterated that the arbitrary separation was not her preference, but added that the applicant had done a lot to meet the city standard. Shostrom stated that he appreciated Krippaehne's comments, and he suggested that there had been so much change to the design that the members did not have for the other three sides that they must interpolate. He stated that he was fearful that the applicants' malleability could lead them in the wrong direction. Ogden stated that they could take a step back. Bemis expressed his concern that a design by committee process could be nonstop. He emphasized that the design is already generating calls from prospective tenants at this stage, and that he feels that the design presented tonight is "it." He added that there did not seem to be a collective input being provided but rather a collection of individual opinions. Krippaehne emphasized that she felt the applicants had done a great job in designing to city standard, and that she was merely questioning the design standard as focusing on frosting. She stated that she has a philosophical disagreement with the standard here, and she added that one building should not have to look like three separate buildings. Saladoff explained that the project represents a type and scale that had not been seen when the standards were set. He noted the community's resistance to the big box idea, and he added that his reaction is that he does not want the look of one big box. He recognized the applicants' concern that the commission was not speaking with one voice. He stated that the applicants' malleability could lead to getting mired in details, but he added that this is pushing the design to the standards. Saladoff pointed out that historically development did not come all at once and the separation i~ a reflection of that. He agreed that it can seem artificial on a project built from scratch, especially when done only to meet the code, and he acknowledged Krippaehne's trepidation. He added that he likes the direction the design has taken. Bemis stated that he feels the appearance is very pleasing; he pointed out that while the fire station demonstrates the requested separation the library does not. Ashland Historic Commission Minutes 9 November 5, 2003 CITY OF ,-ASHLAND Knox noted that the standards were adopted to give the commission a "place to hang its hat" in decision making. He cited the Bard's Inn as an example of a design by competing interests, and he agreed that this was unfair to the applicants. He stated that the standards are fair in that they represent an objective goal post. He added that the standards represent a commitment by the community. Skibby stated that he likes the direction taken to dote with the Site Design and Use Standards as a guide. He added that he would not be for a single, solid structure and he finds the current design to be an improvement over last month. Whitford suggested that the applicant has affirmed that approval will not end the commission's involvement, and he stated his belief that the applicants are committed to true design collaboration. Ogden stated that he had created appropriate imagery for Ashland and had shown on the elevation provided that he has the technical ability to develop the other three elevations accordingly. He reiterated that he would run other design features by the commission throughout the project. He suggested that commissioners look at the big picture, and rather than seeing responsiveness as too malleable seeing it as being comfortable with working in a committee setting. Ogden added that he is able to glean valuable input from group comment through his experience with designing schools and hospitals and dealing with their committees and boards. He emphasized that the tools for a great design are here and he expressed his hope for a little faith on the part of the commission. Skibby agreed that the architects had established their credibility. Shastrom clarified that his statements about malleability were meant positively. Skibby added that having exterior designs were important to ensuring compatibility. Morrison noted that the big box ordinance as recently clarified by the council intended to limit size while making allowance for parking, as provided here. He suggested that this application meets the intent of the ordinance and that the applicants were doing a very good job through their design. He added that he found the appearance of three separate buildings quite pleasing. He noted that frosting is important, or more cakes would be sold without it, but agreed that the exterior appearance should harmonize with the interior workings. He stated that he felt the applicants could articulate this through their design, and he noted that there are other large buildings all around, some of which are huge and ugly. He concluded that this proposal is a step up. Whifford/Skibby mis to approve Planning Action 2003-127 with the understanding that there would be continued collaboration between the applicants, staff and the commission throughout the remainder of the design process to address recessed entries to the commercial areas, clarify the stairway along Hargadine Street, work out the plaza view elevator shaft treatments, and resolve other details as established. Discussion: Knox suggested that there would be a typical condition recommended by staff that the final design incorporate all recommendations of the Historic Commission. Saladoff questioned the process for addressing further detail on the remaining elevations if the action were approved here and now. He asked whether those elevations were necessary prior to making a decision. Whitford stated his trust in the architects' explanation that the other elevations would reflect the changes made in the First Street elevation and added that he was comfortable that these changes could be carried out in good faith. Skibby concurred with Whitford and he added that there would also be additional opportunity for review of the final design through the building permit approval process. Knox pointed out that the applicant might be able to complete the remaining three elevations prior to next week's Planning Commission meeting. He suggested that one member of this commission could attend and comment of the final elevations. Ashland Historic Commission Minutes 10 · November 5, 2003 CITY OF -ASHLAND Morrison stated that the concern expressed at the last meeting was that there was a lack of detail and he suggested that the question now is whether there is enough. He emphasized that the issue must be whether commissioners feel they have enough detail at this stage. Shostrom expressed his reservations with granting approval at this stage based on the level of detail presented here. He emphasized that he has confidence in the ability and responsiveness of the architects, but he stated that he was fearful of granting approval without seeing all of the completed elevations. Ogden briefly noted how the new First Street elevation related to the other elevations and would tie into the floor plans. Skibby reiterated his feeling that there was enough detail to move ahead at this point. SkibbylLeighton mis to extend the meeting to 10:30 p.m. Voice vote: All AYES. Motion passed. Leighton/Saladoff mis to extend the meeting to 10:45 p.m. Voice vote: All AYES. Motion passed. Shostrom emphasized that he could not support approval with this level of detail. He added that he appreciated the concerns expressed by Krippaehne and would like to have time to discuss and consider the issues they raised. Morrison clarified that he was not being'critical, and was simply asking members to consider whether they were comfortable with the level of detail being presented. Knox expressed his opinion that there was enough information to accept the application. He added that design is a subjective process with the devil in the details. He suggested that the applicants should be told what more is needed. He concluded that staff supports the commission in reaching a decision either way. Skibby suggested that the commission had approved projects before contingent upon resolving details. Shostrom clarified that this reservations had to do with working out details given the scale of this project. Saladoff noted the information that was lacking last time. He recognized that some of the details would not be set for sometime in the process, but he added that the commission still had not seen three of the four elevations in the detail needed or how the floor plans relate to these elevations. He noted that the applicants had addressed the concern with the balconies. He stated that he would be more comfortable with another continuance given the size of the project. He emphasized that he was confident the applicants would get it right. Ogden stated that he could prepare the other elevations to reflect the new revisions and to match the floor plans by next week's Planning Commission meeting. He emphasized that he felt the applicants had addressed the information requested by the commission, and added that they simply had not worked out all specific details as they are not at that stage in the project yet. He emphasized that they were at the conceptual design stage at this point. Knox clarified for Skibby that this action would be considered by the Planning Commission next week at the Planning Commission meeting on November 12th. Ogden reiterated the architects' willingness to improve the designs through input from the commission over the course of the project. Wilkerson emphasized the level of detail that had been added to the upper levels since the last meeting as a good faith illustration of their willingness to incorporate commission input. Bemis suggested that based on staff comfort levels and the proposed conditions that the commission allow the project to move ahead. Knox added that staff would draft a condition holding the applicants to their commitment to ongoing discussion with the commission over the course of the project. He added that this condition would involve finding an acceptable level of design deviation that would trigger bringing the project back to more formal review. Ogden emphasized that they would be back throughout the project because of the intensity and scale involved. Wilkerson noted that the architects would also continue to work under staff oversight. Skibby asked if staff could Ashland Historic Commission Minutes 11 November 5, 2003 CITY OF -ASHLAND provide verbal updates to the commission on the progress made in dealing with the applicants as the design develops further. Shostrom noted that an approval at this level of detail would set a precedent. Knox reiterated that staff was comfortable at this point, but he emphasized that the commission must be comfortable with the design too. He added that the applicants are putting themselves on the line in committing to ongoing collaboration throughout the project. Wilkerson emphasized that the architects were not trying to alter the process or set precedent. Knox noted that the process usually involves one building, and he added that normally only small details are left to be resolved on follow up. He clarified that designs are typically at 65% complete or more when they reach this point in the commission's review, and he explained for the applicants that normally details being looked at would involve plans with scalable trim and other specific detail. Shostrom questioned what format an ongoing collaborative process would take. Knox suggested that there could be recurring off-agenda items as needed. He added that he felt the scale of the project was too much for Thursday review board consideration. Ogden stated that he believed they would be bringing in material samples. Krippaehne suggested that this could be done organically at an appropriate point in the process. Leighton stated that it might be too early for a decision in her view. Krippaehne explained that the commission may be expecting an inappropriate level of detail for a site review. She agreed with the need to have things come back through the design process. She emphasized the need for an organic coming-together of the design, and she stated that the design here was understandable with refinements to follow. Morrisoe stated that this will be a large building that he felt would be a credit to the community, but he added that with the scale of the project comes an increased level of scrutiny. He suggested that commissioners must be scrupulous in their decision. He emphasized that if commissioners were not comfortable he would suggest taking more time rather than truncating the process given the degree of scrutiny expected. Skibby clarified that the commission normally has finalized plans at the point of when they make a decision. He added that there was a motion on the floor yet to be voted upon. Voice vote: Krach, Krippaehne, Skibby, and Whitford, YES. Leighton and Saladoff, NO. Motion passed 4-2. Leighton/Krippaehne mis to extend the meeting to 11:00 p.m. Voice vote: All AYES. Motion passed. OLD BUSINESS Review Board - Following is the November schedule for the Review Board, which meets every Thursday from 3:00 to at least 3:30 p.m. in the Community Development & Engineering Services Building at 51 Winburn Way: November 6TM November 13th November 20th November 26th Skibby and Krippaehne Skibby, Krach and Leighton Skibby and Whitford Skibby and Saladoff NEW BUSINESS: Lloyd Haines and Architect Dave Richardson informally presented a proposed design for new building located at 88 North Main. ADJOURNMENT It was the unanimous decision of the Commission to adjourn the meeting at 11:07 p.m. Ashland Historic Commission Minutes 12 November 5, 2003 CITY OF SHLAND Council Communication Title: Dept: Date: Submitted By: Approved By: Synopsis: Liquor License Application from Robert Day dba Apple Cellar Bakery at 2255 Hwy 66 City Recorder/Treasurer ino Grimaldi J~ Application process of Oregon Liquor License as provided by OLCC. Recommendation: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with processing of this application. Background Information: Application for liquor license is for a new license. The City has determined that the license application review by the city is set forth in AMC Chpt. 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chpt. 6.32). In May 1999, the council decided it would make the above recommendation on all liquor license applications. CITY OF ASHLAND Council Communication TITLE: DEPT: DATE: SUBMITTED BY: APPROVED BY: Synopsis: Recommendation: Background: Adoption of Findings for Planning Action 2003-105 Approving a Conditional Use Permit to Allow the Existing National Guard Armory, Located at 1420 East Main Street, to be Used for a Variety of Events. Department of Community Development Planning Division ~ December 2, 2003 John McLaughlin, Director of Community Development ~'-~'X Gino Grimaldi, City Administrator On September 9, 2003, the Planning Commission approved a Conditional Use Permit to allow the Armory to hold a variety of events at their facility. An appeal was by the Oregon Military Department due to what they felt were overly restrictive conditions. On November 18, 2003 the City Council held a public hearing at which time they upheld the decision of the Planning Commission and approved the request, with modified conditions. The findings supporting that decision am attached to this communication. Staff recommends that the City Council adopt the findings as presented. The proposed findings of approval require the Armory to maintain a log of uses, define the uses allowed under this conditional use permit approval, and how those uses will be regulated in number and time. Specifically, the regulated uses are as follows: Commercial events (events where goods or services are sold for a profit) such as trade shows, public dances, concerts, flea markets, farmers markets, holiday bazaars, gymnastic clubs, dog clubs and other similar events. Private events such as baptismals, weddings, birthday parties and anniversary parties and other similar events. · Any community function where alcohol is served or live or amplified music is played. Further, a condition was attached addressing the installation of additional lighting as part of any conditional use. BEFORE THE ASHLAND CITY COUNCIL November 18, 2003 IN THE MATTER OF PLANNING ACTION #2003-105, A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW 6858 SQ.FT. OF THE INTERIOR OF THE NATIONAL GUARD ARMORY FACILITY, LOCATED AT 1420 EAST MAIN ST., TO BE USED FOR A VARIETY OF EVENTS INCLUDING TRADE SHOWS, FLEA MARKETS, COMMUNNITY EVENTS, AND PRIVATE PARTIES. FINDINGS, CONCLUSIONS AND ORDERS APPLICANT: Oregon Military Department RECITALS: 1) Tax lot 1300 of 391E 10D is located at 1420 East Main Street and is zoned SO, with a comprehensive plan designation of Southern Oregon University lands.. 2) The applicant is requesting a Conditional Use Permit to allow a portion of the interior space at the National Guard Armory facility (approximately 6,858sq.ft. in area) to be used for a variety of events including Trade Shows, Flea Markets, Conununity Events, and Private Parties. 3) The criteria for a Conditional Use Permit are described in Chapter 18.104 and are as follows: A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: 1) Similarity in scale, bulk, and coverage. 2) Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3) Architectural compatibility with the impact area 4) Air quality, including the generation of dust, odors, or other environmental pollutants. 5) Generation of noise, light, and glare. 6) The development of adjacent properties as envisioned in the Comprehensive Plan. 7) Other factors found to be relevant by the Hearing Authority for review of the proposed use. 4) The Planning Commission, following proper public notice, held a Public Hearing on September 9, 2003 at which time testimony was received and exhibits were presented. The Planning Commission approved the application as presented, with additional conditions of approval pertaining to the appropriate use of the site and hours of operation. 5) An appeal was filed in a timely manner by the Oregon Military Department. The appeal was heard before the Ashland City Council on November 18, 2003 at which time testimony was received and exhibits were presented. The City Council approved the application as presented, with modifications to the conditions of approval attached by the Planning Commission. Now, therefore, The Ashland City Council finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The City Council finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The City Council finds that as no external modifications of the facility are proposed, the proposal will have no impact on bulk, scale or architectural compatibility. 2.3 The City Council finds that site has adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation is provided to the subject property. Additionally the subject property was found to have adequate on-site parking for the intended uses. 2.4 The City Council finds that the original approval in 1987 was for a National Guard Armory, which was indicated by the Military Department at that time to be used "as a military installation as well as for community functions .... "The approved outright permitted uses for the subject property, therefore, are for a military installation and community functions. These outright permitted uses are not subject to the limitations of hours or numbers of time per month or other conditions imposed on the conditional uses described below. The council interprets these outright permitted uses to include, but not limited to, military activities; governmental meetings; educational-, informational-, charitable- and recreational-type community gatherings such as public school graduations, blood drives, holiday meals, non-profit events not involving live or amplified music or alcohol; and similar community uses and events. 2.5. Community functions are to be distinguished from commercial functions because such functions can have different impacts, beyond the large gathering of people, upon the neighborhood. Even community events, where alcohol is served or with live or amplified music, present their own set of adverse impacts distinct from such impacts where they are not present. The council finds that the uses proposed by the applicant involving commercial events (such as those stated in the application: "trade shows, public dances, concerts, flea markets, farmers markets, holiday bazaars, gymnastic clubs and dog clubs") or private events (such as those stated in the application: "baptismals, weddings, birthday parties and anniversary parties") do not constitute "community functions." Because such uses have not been agreed upon in advance by the city as required in section 18.64.030.A, the applicant is required to obtain a conditional use permit for them. In addition, the council interprets those community events where alcohol is served or involving live or amplified music as not constituting "community functions" and are therefor not outright permitted. 2.6. The City Council finds that the nature of the activities proposed adjacent to residential neighborhoods can generate noise adversely affecting these neighborhoods. To minimize this effect so that it does not have a greater adverse material effect than the target use, conditions need to be imposed to limit the hours of operation of the conditional use activities. Comments from the nearby residential property owners indicated that impacts associated with unregulated commercial uses negatively impacted their neighborhood. The conditional use activities are to be limited to 8:00am to 9:00pm Sunday through Thursday, and 8:00am through 1 l:00pm on Friday and Saturday. Further, the Council finds that there shall be no more than 12 conditional use activities occurring past 8:00 p.m. during any calendar month. The City Council finds that with the attached conditions, the conditional use(s) will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the Southern Oregon University zone. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the City Council concludes that the following described conditional use activities at the National Guard Armory located at 1420 East Main Street are supported by evidence within the record and a conditional use permit is granted for these activities: Commercial events (events where goods or services are sold for a profit) such as trade shows, public dances, concerts, flea markets, farmers markets, holiday bazaars, gymnastic clubs, dog clubs and other similar events. Private events such as baptismals, weddings, birthday parties and anniversary parties and other similar events. Any community function where alcohol is served or live or amplified music is played. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action # 2003-105. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action # 2003-105 is denied. The following are the conditions and they are attached to the approval: 1. That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2. That no Conditional Use of the interior of the Armory coincide with the exterior Conditional use by the Rogue Valley Growers and Crafters Market Tuesdays 7:00 am - 3:00 pm, April through November. 3. That the applicants obtain a Sign Permit prior to installation of any signs. All requirements of Chapter 18.96 shall be met. 4. That the operation shall comply with the noise levels as required in 9.08.170 of the Ashland Municipal Code 5. That a contact person for the facility shall be made available to address any concerns that may arise. This person shall be identified and contact information submitted to the Ashland Planning Division prior to operation of the Conditional Use. 6. That all conditional uses shall comply with applicable tim and building code requirements prior to operation of the conditional use activities. 7. That conditional uses shall be limited to 8:00am to 9:00pm Sunday through Thursday, and 8:00am through 11:00pm on Friday and Saturday. That no more than 12 Conditional Use activities occur past 8:00pm during a given month. 9. Any new outdoor lighting systems installed as part of a conditional use activity shall be designed and operated so that the area ten feet beyond the property line of the promises receives no more than 0.25 of a foot candle of light from the promises lighting system. Further, any outdoor lighting systems installed as part of a conditional use shall be recessed or shielded sufficiently so as to ensure that no light soume is visible from or causes glare on public rights-of-way or adjacent property. Alt outdoor lighting shall be shielded so as to not emit light above a horizontal plane located at light soume level. 10. That the applicant maintain a log of uses at the Armory, and that the log shall be available for review by the City after advance notice is given to the Armory. Alan DeBoer Mayor City of Ashland Date 2.4. The City Council finds that the original approval in 1987 was for a National Guard Armory, which was indicated by the Military Department at that time to be used "as a military installation as well as for community functions .... "The approved outright permitted uses for the subject property, therefor, are for a military installation and community functions. These outright permitted uses are not subject to the conditions imposed on the conditional uses defined below, are the military installation and the community functions. These outright permitted uses are not subject to the limitations of hours or numbers of time per month or other conditions imposed on the conditional uses described below. The council interprets these outright permitted uses to include, but not be limited to, military activities and community functions which are to be defined as governmental meetings; educational-, informational-, charitable- and recreational-type community gatherings such as public school graduations, blood drives, holiday meals, non-profit events not involving livc or aniplificd niusic or alcoh~,l; and similar community uses and events~ where such community functions do not include live or amplified music or alcohol. Office of the Mayor Alan DeBoer MEMORANDUM TO: FROM: DATE: RE: City Council Mayor Alan DeBoer November 25, 2003 Request for confirmation of appointment of Michael Bianca as Police Chief December 2, 2003 City Council Meeting First, I wish to thank the two City Council members, Cate Hartzell and Alex Amarotico who participated on the interview panels, along with the rest of the interview panelists. Panelists were: Paul Nicholson, Executive Director for the Oregon Shakespeare Festival; Janet Russ, Human Resources Director for the Oregon Shakespeare Festival; Sandra Slattery, Executive Director of the Ashland Chamber of Commerce; Steve MacLennan, Ashland Police Association President; Ralph Temple, Representative of ACLU; Nancy McPherson, Community Policing Trainer & Consultant, and former deputy chief for the Portland Police Bureau; Ron Bolstad, VP of Administration & Finance for SOU; Linda Richards, Administrative Assistant to the Executive Director of Peace House; Juli Di Chiro, Superintendent for Ashland School District; Jim Watson, Administrator for Ashland Community Hospital; Steve Swenson, Captain with the City of Eugene Police Department. The process we used for screening the candidates was both thorough, professional and involved the community. I am pleased to be able to recommend confirmation of Michael Bianca as our next Police Chief. His qualifications include 17 years with the City of Ashland Police Department. He started as a patrol officer and currently holds the rank of lieutenant. He will begin his employment with the City on December 3, 2003 at an annual salary of $77,400. City Administrator Gino Gdmaldi negotiated the other terms and conditions under my direction. In accordance with the City Charter, I therefore request your confirmation of my appointment of Michael Bianca as Police Chief, effective December 3, 2003. Attachment: City of Ashland · 20 East Main Street · Ashland, OR 97520 · (541) 488-6002 · Fax: (541) 488-5311 · Email: awdb@aol.com CiTY OF 4 SHLAND Memo TO: FROM: DATE: RE: Honorable Mayor Alan DeBoer t//ff NGion~ mGm= a214d) ,2C0 i0t~ Administrator~ Recommendation on Appointment of Michael Bianca as Police Chief I am pleased to recommend the appointment of Michael Bianca as Police Chief for the City of Ashland. There were 68 applicants for the position which was narrowed to 4 qualified candidates. The four candidates were invited to participate in a formal interview process on November 6 and 7. The process included an interview with a panel of the City's Department Heads and two separate interview panels. Members of the interview panels were: Councilor Cate Hartzell; Councilor Alex Amarotico; Paul Nicholson, Executive Director for the Oregon Shakespeare Festival; Janet Russ, Human Resources Director for the Oregon Shakespeare Festival; Sandra Slattery, Executive Director of the Ashlm~d Chamber of Commerce; Steve MacLennan, Ashland Police Association President; Ralph Temple, Representative of ACLU; Nancy McPherson, Community Policing Trainer & Consultant, and former deputy chief for the Portland Police Bureau; Ron Bolstad, VP of Administration & Finance for SOU; Linda Richards, Administrative Assistant to the Executive Director of Peace House; Juli Di Chiro, Superintendent for Ashland School District; Jim Watson, Administrator for Ashland Community Hospital; Steve Swenson, Captain with the City of Eugene Police Department. In addition, the City hosted a Hospitality Event that was open to the public and an opportunity to meet the four candidates. I am attaching a synopsis of Mike's qualifications as well as a copy of the original Job Announcement and current Job Description, which details the profile of the ideal candidate. I am looking forward to working with Michael Bianca as our new Police Chiefi Attachments: ADMINISTRATION Tel: 541488~002 F,~1 20 East Main Street Fax: 541488-5311 Ashland, Oregoe 97520 TTY: 800-735-2900 w,~wv.ashland.or, us Michael Bianca biancam@ashland.or.us + PROFILE Law enforcement professional with 17 years of command and supen4sory experience. Committed to community and known to be fair-minded, approachable and trustworthy/ Catalyst in improving positive police image and pexforman~. + STRENGTHS relating to poople in an open and sensitive · Stays responsive to · Creates orga~i?ational loyal~y by supporting an inclusive, accessible police administration. · Ma~tainn vigilance against bigotry, conupfion and constitutional violations. · Promotes positive comm~mication amollg co-workers. + EDUCATION FBI National Academy Scssion #211 Graduate 2002 DPSST Supentiso~y Certificate 1997 Advanced Certificate 1987 Colorado Law Enforcement Training Academy Certified 1977 University of Notre Dame Notre Dame, Iodiarm B.S. in Earth Science 1974 + HIGHLIGHTS OF QUALIFICATIONS Extensive background in all aspects of police operations, experience in programn and projects including: -Crime Prevention -School Resource Parmership -Incident Comm~nd System -Tactical Police Communications -Labor Contract Negotiations -Team Building -Strategic Planning -Scheduling -Public Speaking -Budget Preparation + PROFESSIONAL EXPERIENCE Police Lieutenant A.qhland Police Department, Ashland, Or. 2000-Present - Directs detective unit and major crime investigations. - Manages all grant activity. - Prepares depamnent budget and approves purchases. -Plans and instructs annual Police Citizens' Academy. -Supewises special ns~ignment pgr~llnel inch~clinoo School Resource Officer, Central Area Patrol, Youth Diversion, property & evidellce, training & accreditation. Patrol Sergeant Ashland Police Dept., P, nhland, Or. 1991-2000 -Effectively manageS a core of 3-5 patrol officers with emphasis on comteons, respectful interactions with all citizens. -Communicates clearly to subordinates depamnent objectives and enforcement priorities. -Developed a llaining ~mit to coordinate a federal, state and local police response to social protests. Michael Bianca Page 2 + Community · A~hland · Chairperson- City of Ashland Safety Committee · Dmg and Alcohol Free Schools Committee · Board President- Star Thistle Project (independent housing for mentally ill consumers) · Ashland Diversity Coalition - Cha~er Member + PROFESSIONAL EXPERIENCE (cont.) Patrol/Crime Prevention/School Resource Officer Ashland Police Dept., A,ghland~ Or. 1986-1991 -Created, in partnership with thc SOU Theater DcpL, a live performance puppet theater show for grades K - 3 on age appropriate safety concerns. -Authored several newspaper articles on safety related topics for the Daily Tidings. Chief Marshal/Assistant Chief Crested Butte Marshal's Dept. Crested Butte, Co. 1979-1984 -Direct interaction with and accountability to city council. -Experience with small town lifestyle and issues unique to a tourist/recreational economy. -Executive experience in areas of policy making and personnel actions REFERENCES Hon. Allen Drescher, municipal judge, City of Ashland 1175 E. Main St. Ashland, Or. Jane Almquist, owner/operator, Evo's Java House :376 E. Main St. Ashland, Or. Jeff Schlecht, principal, Ashland High School 201 S. Mountain Ave. Ashland, Or. Millie Tirapelle, director, Southern Oregon Regional Communications 10 S. Oakdale, Medford, Or. Graham Lewis M.S., director of Christian education, United Methodist Church 175 N. Main, Ashland, Or. Dr. Steven Thomas D.O., 850 Siskiyou Blvd. Ashland, Or. CiTY OF JOB DESCRIPTION AS H LAN D Police Chief Same Po ic 05/06/02 OVERTIME: X Exempt __Non-Exempt PURPOSE OF POSITION: Plan, direct, oversee and be accountable for the overall operations of the Police Department, including Administrative Services, Field Operations, Communications, Criminal Investigations and other departmental and citywide functions. Supervise department pemonnel directly and through subordina!e supervisors. Develop and implement departmental goals and objectives and budgets. As required, attend local, regional and statewide meetings and executive training sessions. Serve as member of city's executive management team. Provide managerial expertise on citywide organizational issues; advise the City Administrator and City Council on public safety and other matters; and, maintain open communications with the public and within the department. ESSENTIAL JOB FUNCTIONS: Based on analysis of city growth, crime patterns, demographic and social trends, staffing levels and related legal and political influences, provide appropriate and effective law enfomement services to the entire community. Develop and implement departmental goals and objectives. Establish and maintain programs, policies, procedures and standards. Establish and maintain effective relationships with other public safety agencies, City departments, business community, special interest groups and the general public. Maintain open communication with media representatives. Manage and evaluate work of subordinates, including management and supervisory personnel. Hear employee grievances and administer or approve disciplinary action, up to termination. Initiate and oversee major internal investigations of citizen complaints and allegations of employee misconduct. Ensure provision of adequate training within the department. Develop necessary justifications to departmental budget for presentation to Budget Committee. Manage approved department budget and ensure effective monitoring of expenditures. Review program budget(s) and make modifications as neCessary. Attend City Council and various other meetings, providing input and receiving information. Prepare reports, and recommend resolutions and ordinances for Council information or action. Ensure compliance with and follow all safety rules and procedures established for assigned work areas. AUXILIARY JOB FUNCTIONS: Maintain proficiency by attending training conferences and meetings, reading materials, and meeting with others in areas of responsibility. Be involved in the community through participation in community, business and government events and organizations. JOB QUALIFICATION REQUIREMENTS: MANDATORY REQUIREMENTS: Broad knowledge of law enforcement activities, police practices and procedures, tactical command techniques, investigative methods and general familiarity with federal, state and local laws. Knowledge of principles of public and law enforcement administration, supervision and personnel practices. Equivalent to a four year college education (or plan to complete) in criminal justice, public or business administration, or related field and ten years law enforcement experience with at least three years in a management position above first line supervisor, or any satisfactory combination of experience and training which demonstrates the knowledge, skills and abilities to perform the above duties. Police Chief Page 2 JOB DESCRIPTION SPECIAL REQUIREMENTS/LICENSES: Possession of BPSST Management certificate, or its equivalent with ability to acquire BPSST Executive certificate within one year of appointment. Possession of valid Oregon Driver's License (or ability to obtain) and acceptable driving record. DESIRABLE REQUIREMENTS: Completion of master's program in public or business administration or related field. Possession of BPSST Executive certificate, or its equivalent. Possession of current CPR/First Aid card. Previous experience in a similar community and capacity. PHYSICAL DEMANDS OF POSITION: While performing the duties of this position, the employee is frequently required to stand, sit, read, communicate, reach and manipulate objects, tools or controls. The position requires mobility. Duties involve moving materials weighing up to 10 pounds on an regular basis such as files, books, office equipment, etc., and may weigh up to 50 pounds. Manual dexterity and coordination are required less than 50% of the work period while operating equipment such as computer keyboard, calculator, motorized vehicle and other standard office equipment. The employee may have to use a firearm in the course of his/her duties. WORKING CONDITIONS: Usual offi~ working conditions. The noise level in the work environment is typical of most office environments. Infrequent (less than 5%) involvement in critical incidents may expose incumbent to outdoor weather, hazardous materials, and stressful situations involving typical police hazards. SUPERVISORY RESPONSIBILITIES: Through subordinate supervisors, responsible for over 25, but seldom over 50, FTE, PTE and volunteers. SUPERVISION RECEIVED: Works under the general direction of the City Administrator. THIS DESCRIPTION COVERS THE MOST SIGNIFICANT ESSENTIAL AND AUXILIARY DUTIES PERFORMED BUT DOES NOT INCLUDE OTHER OCCASIONAL WORK WHICH MAY BE SIMILAR, RELATED TO, OR LOGICAL ASSIGNMENT TO THE POSITION. DEPT. HEAD SIGNATURE ~. CITY ADMINISTRATOR APPROVAL~,~ DATE PERSONNEL Tel: 541-488~o002 20E M~in St,'set Fax: 54148~5311 F~I Ashland, Oregofl 97520 TT¥: 800-735-2900 wv, w.ashiand.ef, us X~hile Ashland is an attractive destination for more than 300,000 visitors a year, very few are lucky enough to call the community their permanent home. Ashland (pop. 20,085) has a wealth of cultural offerings including Southern Oregon University, the internationally recognized Oregon Shakespeare Festival, unlimited outdoor recreational opportunities as well as inviting and safe neighborhoods. Residents and visitors enjoy a thriving downtown atmosphere with a generous array of dining, shopping, theater and cultural options. A stroll down Main Street allows one to capture a wonderful blend of hlstorical and contemporary architecture while absorbing the friendly atmosphere that accurately characterizes flfis town. It is evident that this community places great importance on quality of life. This recognizable uniqueness in Ashland can largely be attributed to the dedication and involvement of a very passionate and educated community. Ashlanders are heavily engaged in government and civic activities, contributing substantial time to mainlaining and improving their city. Ashland is fiequcntly described as many sub commuuities wifl~in a largel community. Ash[and's natural surroundings are extraordinary. Located in the southcrn portion of the Rogue Valley, thc City is jus~ 15 nlJles north of the California border. Easily accessible from Interstate-5, it is only 20 "congestion ftcc' minutes away from thc P. ogue Valley International-Mcdford Airport. Thc weather in Ashland is considered mild, however the region enjoys four distinct seasons. Rainfall averages 19 inches annually and ten iuches of snow per year is fairly standard. Summertime highs are typically in the 80-90's and winter daytimc temperatures hover in the 40's. Located at the intersection of thc biologically diverse Cascade and Siskiyou Mountain Ranges, Ashland is two hours from the eastern high desert and ffirec hours from the Pacific Ocean. The City is home to nationally recognized parks and outdoor amenities. Thc "jewel" of the park system is Lithia Park, roaming 93 acres bordering the Downtown Plaza and extending far into the adjacent mountains. Neighborhood parks, a golf course, baseball fields, a swimming pool, community buildings, historic sites and some of the most beautiful gardens in Oregon comprise Ashland's public asscts. The area is also known for its existing and planned walking/hiking and biking trails. During the winter months, ski and sno~vboarding enthusiasts will savor the nearby Mt. Ashland Ski Resort, overseen and operated by the Mt. Ashland Association. Very few communities o ffl-r so many activities right.in their own "backyard". Southern Oregon University servers approximately 61000 students and is thc largest employer in the community. Ashland is served by its own school district (student population 3,141) and the Ashland Conmmnity Hospital provides convenient high quality healthcare. By Oregon standards, thc cost of living here is above average due to its high desirability and proximity to California. Real estate tends to be priced higher, as the average home price exceeds $250,000. However, there is no shortage of demand for Ashland's incomparable lifestyle. Consistent with national trends, the City is witnessing an increase in its older population and is becoming widely known as an ideal community in which to retire, yet still remain active. AS the governing body, Ashland's elected officials include the Mayor (elected at-large for a four-year term), six City Councilors (elected at-large for four year staggered terms), Municipal Judge and the City Recorder/Treasurer. A five-member elected Parks and Recreation Commission oversees the parks and recreation program and a voter-adopted school activities levy. The City of Ashland provides a full-range of municipal services including police, fire protection, planning and building, airport, streets, senior program/hospital and administrative services. The City also runs several enterprise operations including water, sewer and electrical utility systems, cable television, high speed internet, as well as an ambulance and rescue service. The City Administrator, City Attorney and all department directors are appointed by the Mayor with confirmation of the City Council. Appointments of department heads, including the Police Chief, are made by the Mayor based on the recommendation of the City Administrator. The City is supported by an annual operating budget of $87.4 million and more than 200 full-time employees. The City Administrator, Gino Grimaldi, was appointed in January 2003 after serving as the Assistant City Administrator in Springfield, OR for 14 years. Previously, Mr. Grimaldi was thc Deputy City Manager of Porfland, ME. He has 22 years of local government experience with an array of impressive accomplishments in economic development, transportation, intergovernmental relations, financial managcmcnt and comnmnity consensus building. His leadership style is influenced by a strong team orientation and a collaborative approach to the delivery of public services. As Mr. Grimaldi strives to develop this type of culture in Ashland, he is interested in attracting law enforcement executives with similar values. Additional information regarding the Ashland community and city govermnent can be found at the City's wcbsitc: www. ashland.or, us. The Ashland Police Department (APD) consists of 29 sworn and eight non-sworn personnel, supported by an annual operating budget of $4.2 million. Two lieutenants comprise the Chief's command staff, overseeing the Operations and Support Divisions. 'Fbe command staff is assisted by four sergeants, 18 officers, non-sworn staff, reserves and volunteers. Members of the Department serve traditional five-day/40 hour shifts. APD was recently awarded state accreditation based on 147 legal and ethical standards. The Operations Division consists of Patrol, Traffic Enlbrcemenl, Investigations and Police Reserves. The Support Division ~s responsihle Con, munications (currently being consolidated with the City of Med[ord), Records, Property and Evidence, 'i?aining, the School Resource and Youfl~ Diversion Officer programs. The Office of the Chief and Administrative Services Manager constitute thc Administration Division. More than 70 percent of the patrol ot~cers have less than three years of sworn law cn[brvement cxperlence; therefore, it will be critical for the new Police Chief to possess a track record of success in creating an organizational culture that cmphasizes coaching, mentoring and professional growth. Members of APD are energetic and dedicated. Not unlike many higher cost communities, a large majority of department staffdoes not reside in the City. The ideal candidate for Ashland's next Police Chief will be a proven and exceptional leader who has current/previous cxperiencc in commanding a law enforcement agency wifll a strong, community oriented emphasis. ! le/she must be willing to understand and embracc thc complexities of a community plays the role of serving as a ~'co-producer" of public safety alongside the police A history of working efl3ctively in a sensitive, respectful and efl~'ctive manner with elected/appointed officials and a variety of active stakeholders is expected. He/she must be approachable, and enjoy community interaction and involvement without being overwhelmed by tile natnral lack ot anonymity in a small town. In addition to possessing solid administrative skills, highly qualified candidates will have thc capacity to work closely with fellow department heads and de~nonstrate the capacity to view issues outside thc exclusive realm of policing. Thc candidate selected will also demonstrate dedication to the creation and maintenance of partnerships with other city departments and external cntities, such as community stakeholders and other government agencies. The new Chief will practice a strong cotnmitment to working openly and coflaboratively on policy issucs. The Department is in need ora resilient leader skilled in coaching and mentoring a relatively young and devoted police force. The selection process will place significant weight on a candidate's history of building strong cohesive teams/units/department that reflects a corn mon set of values and priorities in sync with her/his community. This individual will be a humanistic leader who is also capable of enforcing laws and policies in a balanced and objective manner. She/he will communicate performance standards, goals and objectives openly and frequently so that the practices and services of the Department are understood In addition to the characteristics highlighted above, Ashland's Police Chief will reflect the fo[lowing leadership attributes: Outstanding and consistent communicator, listener and negotiator Maintains high ethical standards and exudes a strong sense of professionalism Looks outside oneself and the Department for ideas and solutions Reflects an energetic and results-oriented management stylc Possesses the ability and desire to relate to all segments of the community Visible in the Department, City and community Exhibits innovation and is not bound by a traditional mindset Capable of balancing a multitude of priorities and demands Demonstrates sensitivity to diversity presented in many forms Resourceful and proactlvely pursues opportunities to attract external resources to the City Practices superior facilitation skills Exercises sound judgment, even in stressful times Qualified candidates shall possess a minimum of three years of executive or senior management level experience in local law enfurcenlent. Police management experience in a small-medimn size community with similar challenges (resort and/or university community) and prior participation it/ a city management team will be weighted favorably. The City is desirous of attracting candidates who are seeking a long-term parmership with an organization and community. A bachelor's degree in criminal justice, police administration, public administration or related field is required. Residency in Ashland is also a requirement. The ideal candidate will be extremely well versed in community oriented policing and problem solving and possess a track record that reflects demonstrated success and an active commitment to these philosophies and practices. A sophisticated understanding and knowledge of constitutional law will help to ensure one's success in Ashland. The ability to speak Spanish is also preferable. In addition to the day-to clay responsibilities of running thc Department, thc incom0~g Police Chief will hc expected to addlcss Ibc tollowmg plioritics dtiring the early stages of his/her tenure: Conduct a comprehensive assessment of the Department's strnctnr¢, resources, crime and service demands; evaluate data, training, policies and pcrfblmance standards/practices and develop a subsequent strategic plan for any needed changes and/or improvements Strengthen internal and external working relationships Engage stakeholders in defining community oriented policing for Ashland and clarify roles and expectations for police and thc public. Produce subscquenl plan for implementa0on Activate a communications strategy that will engender trust and credibility among all stakeholders improve tile Department's relationship with the community's teenage/young aduh populations In collaboration with the Fire Chief, assess Ibc status of the recent 911 dispatch consolidauon conversion to ensure compliance wid~ scrvitc and response expectations · Develop productive relalionships with olbcr law cnfotcenlcnt agencies m thc rcgion · Creatc and implement strategics to help officers who do not reside in Ashland to establish connections within ihe communily ]'he City of Ashland holds in high regard tile hcafih and Iongcvity of its cmployees, and providcs cxcep0onal bcncfits. Thc salary range for this position is $77,400-$87,000. The following is a partial summary of benefits: Medical Once deductibles arc met ($100 tot covcrcd individual or $300 max. for a family), covered services are paid at 90% of thc usual and custonlary rates fnr services, np to $%000 per calendar year if employee selects participaling provider. (Coverage for non-participating providers is 70%.) Covered serviccs are paid at 100% i£tbe $5,000 threshold is reached in a calendar year. There is a minmral 5% employee cost sharc of monddy premiums of up to $52.14 for an entire family. Dental - Employees can choosc any dental provider. Coverage begins at 70% thc first year and increases by 10% each year up to 100%, as long as the employcc nraintains regular dental cxams. Vision-Thc City's plan pays 100% of customary rate for covered services with a participating providei. Coverage is 70% with non participating providers. Supplemental Health Ashland par0cipates with AFLAC for supplenlental health insurance to provide employees with the option of enhancing benefits already provided by the City. Bcncfit plans include cancer protection, intensive care, long-term disability, and accident/disability plans. Retirement -The City participates in the Public Employees Retirement System (PERS) and covers 100% o£ the employcc contribution. Contributions arc made on a monthly basis and equate to approximately 17.6% of the salary. Deferred Compensation - Ashland offers two 457 Deferred Compensation programs o ICMA and lNG. Computer Loan Program - In the interest of promoting technical skills, City employees are eligiblc for a zero-interest loan of up to $2,500 to purchasc a home computer after one year of service. The final filing date for this recruitment is Monday, September 22, 2003. To be considered for this incomparable opportunity, please submit a cover letter with current salary, resume that reflects size (staff, budget) and scope of current/most recent organization and responsibilities, and si~x professional references. Submissions should be directed to SHANNON EXECUTIVE SEARCH. For additional information regarding this opportunity, contact: SHANNON EXECUTIVE SEARCH A DIVISION OF Teri Black-Brann or Joseph Brann SHANNON EXECUTIVE SEAP. CH 241 Lathrop Way Sacramento, California 95815 Ph: 916.263.1401 Fax: 916.561.7205 E mail: resumes(-Wcps.ca.gov Website: _%yvw. cps.ca~gov/sb a n no n Following thc filing deadline, candidates with the most relevant qualifications and credentials will be granted interviews by the consultants. Those individuals detemrined to be best suited for the position will be interviewed by the City in October with air appointment anticipated shordy thereafter, upon the completion of thorough reference and background checks. CITY OF /kSHLANDI Council Communication Title: Dept: Date: Submitted By: Approved By: Synopsis: Approval of Intergovernmental Agreement with the Ashland School District for School Activities Levy, 2003 to 2007 Legal Department December 2, 200~,~ Paul Nolte ~'L/~/ Gino Grimaldi/~ This intergovemmental agreement provides funds for the school district through the parks commission for extracurricular school activities and athletics. The agreement updates previous intergovernmental agreements by providing new funding levels commensurate with the successful vote in May 2003. Recommendations: Move to approve the intergovernmental agreement and authorize the mayor to sign the agreement on behalf of the city. Fiscal Impact: This contract obligates the city to expend approximately $10,000,000 over the next five years. All funds are derived fi.om the property tax levy approved by the voters for this purpose in the May 2003 election. Background: This agreement has been approved by the Ashland Parks and Recreation Commission and Ashland School District 5. The agreement provides funds for the school district through the parks commission for extracurricular school activities and athletics. The city, park commission and school district have entered into similar intergovernmental agreements in 1994, 1997 and 2000. All of the previous agreements resulted from authorization by the voters to levy property taxes for these activities. At the May 2003, election the voters approved a fourth levy for a five year local option tax. Ashland Youth Activities Three-Year Operating Local Option Tax. The attached agreement is intended to implement the manner and method of expenditures for this fourth levy. The agreement differs in one significant respect from the previous agreements in that it is for a period of five years where the previous agreements were three years each. Attachments: City of Ashland, Ashland Park and Recreation Commission and Ashland School District #5 Intergovernmental Agreement (Third Renewal) 1 - G:~IegaI\PAU L[School lew~schoo12003 iga 11-03 final cc.wpd CITY OF ASHLAND, ASHLAND PARK AND RECREATION COMMISSION AND ASHLAND SCHOOL DISTRICT #5 INTERGOVERNMENTAL AGREEMENT (THIRD RENEWAL) Agreement made this __ day of ,2003, between the City of Ashland, by and through the City of Ashland Park and Recreation Commission ("Park Commission"), and Ashland School District #5 ("School District"). RECITALS: A. The Park Commission and School District entered into an intergovernmental agreement in 1994, 1997 and 2000, entitled "City of Ashland Park and Recreation Commission Ashland School District #5 Intergovernmental Agreement" for the purpose of providing cultural and recreational activities for the citizens of Ashland. B. These intergovernmental agreements have been satisfactorily performed by both parties and the parties wish to continue the relationship, activities and funding established under those agreements. C. At the May 20, 2003, election the voters of the City of Ashland approved the Ashland Youth Activities Five-Year Operating Local Option Tax (further referred to in this agreement as "the levy"). The following agreement is intended to implement the manner and method of expenditures from the levy. City, Park Commission and School District agree: Except as specifically provided below, the terms and conditions of the first intergovernmental agreement are incorporated into this renewal agreement. 1. Youth Activities to be provided by School District: Dudng the 2003-2004, 2004-2005, 2005-2006, 2006-2007, and 2007-2008 fiscal years, School District shall continue to provide the youth activity programs described in paragraph 2 for School District students and home school students or pdvate school students meeting the eligibility requirements of the School Distdct and furnish all personnel, equipment, materials and facilities required for the proper performance of such activities. The level of activities shall be commensurate with the 2002-2003 fiscal year activities. 2. Description of activities: 2.1. Elementary school programs including, but not limited to, music, children's choir and stdngs, foreign language, intramurals and physical education. 2.2. Middle school cocurricular programs including, but not limited to, band, brain bowl, choir, drama, foreign language, intramurals, newspaper and yearbook, Odyssey of the Mind, orchestra and resident outdoor school. Middle school activities, designed to provide competitive contests for selected groups or individuals who are trained and PAGE 1 of 5 Intergovernmental Agreement (G:~ega[~PAUL~School !evy~schoo12003 iga t1~3 flrlaLwpd) coached to play games with similar teams or individuals from other schools: basketball, cross-country, football, track, volleyball and wrestling. 2.3. High school cocurricular programs including, but not limited to, band, choir, orchestra, newspaper and yearbook, debate, drama club, brain bowl, leadership, DECA, Natural Helper, FBLA, VICA, International Club, Math Club and Model UN. High school activities, designed to provide competitive contests for selected groups or individuals who are trained and coached to play games with similar teams or individuals from other schools included in Oregon School Activities Association sponsored events and competitions: baseball, basketball, cheedeading, cross-country, dance, football, golf, soccer, softball, statistician, swimming, tennis, track, volleyball and wrestling. Club sports will receive some assistance. 2.4. Maintenance of grounds and facilities related to the above programs. Provided, however, that no part of the sums furnished under this agreement for the activities described this paragraph 2 shall be used for any activities that are courses of study prescribed by statute or by the rules of the State Board of Education. Nor shall such funds be used for supplemental courses required by the School District Board pursuant to the authority granted to it in ORS 336.035. It is the intent of the parties that no part of the funds provided for the above programs and activities shall be used exclusively for educational services. In addition, the programs and activities funded by this agreement are to be primarily conducted by the School District outside of regular school hours and it is acknowledged that many of them are conducted off the school grounds. 3. Payment by Park Commission for Activities: 3.1. For the 2003-2004 fiscal year, City shall pay School Distdct for services performed, including costs and expenses, all sums collected from the levy and budgeted for the YAL by the Park Commission, in five payments as follows: 3.1.1. On January 31, 2004, 50% of the total levy, less a sum of $119,000 for community activity programs provided to the general public and conducted by the Park Commission (further referred to in this third renewal agreement as the "commission fund"). Notwithstanding the previous sentence, Park Commission shall not be required to pay to the School Distdct more than the actual amount received by the Park Commission from the levy prior to January 31,2004, nor more than the actual amount expended by the School District for the activities and programs conducted under this agreement. 3.1.2. On March 1, 2004, Park Commission shall pay 70% of the total levy less the commission fund and those sums previously paid to School District, but not more than the actual amount received by the Park Commission from the levy by March 1,2004, nor more than the actual amount expended by the School Distdct for the activities and programs conducted under this agreement. PAGE 2 of 5 Intergovernmental Agreement (G:~egal~PAUL~School levy~choo12003 iga 11q)3 final.wpd) 3.1.3. On June 20, 2004, Park Commission shall pay 100% of the total levy less the commission fund and those sums previously paid to School District, but not more than the actual amount received by the Park Commission from the levy by June 20, 2004, nor more than the actual amount expended by the School District for the activities and programs conducted under this agreement. 3.2. For the 2004-2005 fiscal year, Park Commission shall pay School District for services performed, including costs and expenses, all sums collected from the levy and budgeted for the Youth Activities Levy by the Park Commission, plus any carry-over from the previous fiscal year, in three payments as follows: 3.2.1. On January 311 2005, all sums received by the Park Commission from the levy as of this date, plus any carry-over from the previous fiscal year, less a sum for the commission fund of $123,000 for community activities. Notwithstanding the previous sentence, Park Commission shall not be required to pay to the School District any more than the actual amount expended by the School District for the activities and programs conducted under this agreement. 3.2.2. On March 1,2005, Park Commission shall pay any additional sums received from the levy after January 31,2005, but not more than the actual amount expended by the School District for the activities and programs conducted under this agreement. 3.2.3. On June 20, 2005, Park Commission shall pay any additional sums received from the levy after March 1, 2005, but not more than the actual amount expended by the School District for the activities and programs conducted under this agreement. 3.3. For the 2005-2006 fiscal year, Park Commission shall pay School District for services performed, including costs and expenses, all sums collected from the levy and budgeted for the Youth Activities Levy by the Park Commission, plus any carry-over from the previous fiscal year, in three payments as follows: 3.3.1. On January 31, 2006, all sums received by the Park Commission from the levy as of this date, plus any carry-over from the previous fiscal year, less a sum for the commission fund of $127,000 for community activities. Notwithstanding the previous sentence, Park Commission shall not be required to pay to the School District any more than the actual amount expended by the School District for the activities and programs conducted under this agreement. 3.3.2. On March 1, 2006, Park Commission shall pay any additional sums received from the levy after January 31, 2006, but not more than the actual amount expended by the School District for the activities and programs conducted under this agreement. 3.3.3. On June 20, 2006, Park Commission shall pay any additional sums received from the levy after March 1,2006, but not more than the actual amount PAGE 3 of 5 Intergovernmental Agreement (GNega~PAUL~School levy~schoo12003 iga 11~3 fir~al.wpd) expended by the School District for the activities and programs conducted under this agreement. 3.4. For the 2006-2007 fiscal year, Park Commission shall pay School Distdct for services performed, including costs and expenses, all sums collected from the levy and budgeted for the Youth Activities Levy by the Park Commission, plus any carry-over from the previous fiscal year, in three payments as follows: 3.4.1. On January 31, 2007, all sums received by the Park Commission from the levy as of this date, plus any carry-over from the previous fiscal year, less a sum for the commission fund of $131,000 for community activities. Notwithstanding the previous sentence, Park Commission shall not be required to pay to the School District any more than the actual amount expended by the School District for the activities and programs conducted under this agreement. 3.4.2. On March 1, 2007, Park Commission shall pay any additional sums received from the levy after January 31,2007, but not more than the actual amount expended by the School District for the activities and programs conducted under this agreement. 3.4.3. On June 20, 2007, Park Commission shall pay any additional sums received from the levy after March 1,2007, but not more than the actual amount expended by the School District for the activities and programs conducted under this agreement. 3.5. For the 2007-2008 fiscal year, Park Commission shall pay School District for services performed, including costs and expenses, all sums collected from the levy and budgeted for the Youth Activities Levy by the Park Commission, plus any carry-over from the previous fiscal year, in three payments as follows: 3.5.1. On January 31, 2008, all sums received by the Park Commission from the levy as of this date, plus any carry-over from the previous fiscal year, less a sum for the commission fund of $135,000 for community activities. Notwithstanding the previous sentence, Park Commission shall not be required to pay to the School District any more than the actual amount expended by the School Distdct for the activities and programs conducted under this agreement. 3.5.2. On March 1, 2008, Park Commission shall pay any additional sums received from the levy after January 31,2008, but not more than the actual amount expended by the School District for the activities and programs conducted under this agreement. 3.5.3. On June 20, 2008, Park Commission shall pay any additional sums received from the levy after March 1,2008, but not more than the actual amount PAGE 4 of 5 Intergovernmental Agreement (G:Uegal~PAUL~School levy~schoo12003 Iga 11~3 finaLwpd) expended by the School District for the activities and programs conducted under this agreement. ASHLAND SCHOOL DISTRICT NO. 5 CITY OF ASHLAND By Board Chair By Alan DeBoer, Mayor CITY OF ASHLAND PARK AND RECREATION COMMISSION By Chair PAGE 5 of 5 Intergovernmental Agreement (G:~legal~PAUL~School levy~sctmo12003 iga 11-03 final.wpd) CITY OF - SHLAND Council Communication Title: Dept: Date: Submitted By: Approved By: Synopsis: A Resolution Adopting an Investment Resolution for U.S. Bank to meet the Requirements of the Bank Secrecy Act. City Recorder/Treasurer December 2, 2003 Z,) Barbara Christen~/~iJ Gino Grimaldi ~d As an USBank customer we are being requested to assist in updating our files with USBank and completing information to meet the federal requirements of "The Bank Secrecy Act." Congress enacted this act, and other regulations, to protect banks from becoming targets for illegal money laundering operations. These regulations require the Corporate Treasury Division at USBank to implement policies and controls for customers' Money Center and Safekeeping Accounts. As we do investment business with USBank there is a Safekeeping account, which is set up for our investment securities. Recommendation: Approve Investment Resolution. Fiscal Impact: ~None Background Information: It is the policy of all financial institutions to have Resolutions approved by the governing body identifying the individuals who been given authority to manage these accounts. Attachments: Investment Resolution and Certificate RESOLUTION NO. 2003- A RESOLUTION ADOPTING AN INVESTMENT RESOLUTION FOR U.S. BANK TO MEET THE REQUIREMENTS OF THE BANK SECRECY ACT. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The attached resolution entitled "Investment Resolution" is adopted. SECTION 2. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of December , 2003. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2003. ~au~t~omlne~ Alan W. DeBoer, Mayor 1 - INVESTMENT RESOLUTION G:~egaAOffice\ORD\l\lnvestment Reso USBank.wpd INVESTMENT RESOLUTION ~ {~'~(N~~lity) RESOLVED, that any ~ of the officers of this municipality designated below: Financial Manager - ~ q"t~n¢~[~-~ Treasurer -. fi~ ~+~ Other: is/are authorized, on behalf of and in the name of this mumcipality, (a) to direct, orally or in writing or electronically or through any other medium agreed to by said officer(s) and the Corporate Treasury Division of U.S. Bank N.A. ("Treasury"), the opening of an investment account and the investment of municipal funds in securities and/or time deposits with and/or through Treasury through such account; (b) to execute, on behalf of the municipality, contracts or agreements in connection with such investment account in the usual form provided by Treasury for such accounts generally; (c) to receive in respect of said Investment account confirmations, receipts, notices, demands, reports, and communications of any kind; (d) to receive in respect of said investment account money, securities, time deposits, and property of every kind, and to dispose of same; (e) to endorse and deliver for deposit, negotiation, transfer, pledge, or sale, and to identify or guarantee signatures or endorsements on, notes, certificates of deposit, checks, and securities of all kinds, either belonging to or coming into the possession of the municipality; and (f) to authorize, orally or in writing or through any other medium agreed to by said officer(s) and Treasury, the debiting and/or crediting by Treasury of this municipality's deposit account(s) at any financial institution for the purpose of effecting such transaction. FURTHER RESOLVED, that the Clerk of Council of this municipality is authorized and directed to certify to Treasury the foregoing resolutions and that the provisions thereof are in conformity with the Articles and Bylaws of this municipality and to certify to Treasury the names of the persons now holding the offices referred to above and any changes hereafter in the persons holding said offices together with specimens of the signature of such present and future officers. FURTHER RESOLVED, that the authority granted to the officers of this municipality shall continue in full force and effect, and Treasury may rely thereon in dealing with such officers, unless and until written notice of any change in or revocatibn of such authority shall be delivered Customer Number 777-224557 to Treasury by an officer of this municipality, and any action taken by said officers and relied on by Treasury pursuant to the authority granted herein to its receipt of such written notice shall be fully and conclusively binding on this municipality. FURTHER RESOLVED, that the actions of any officer of this municipality heretofore taken in opening an investment account with Treasury and in the investment of municipality funds through such account, be, and the same hereby are in all respects, ratified, confirmed, and approved. FURTHER RESOLVED, that all prior resolutions of this municipaltiy authorizing the opening of an investment account with Treasury and the investment of municipality funds through such account, be, and the same hereby are, rescinded and superseded as to all such transactions with respect thereto effected after the date of adoption of these resolutions. CERTIFICATE I hereby certify that I am the duly elected, qualified and acting Clerk of Council and the custodian of the records of , a municipality organized and existing and in good standing under the laws of the State of I further certify that set forth below are the tree titles, names and genuine signatures of the duly elected or appointed, qualified and acting officers of the municipality presently holding such offices who are authorized under the foregoing resolutions: NAME* SIGNATURE* Mayor Customer Number 777-224557 City Manager Finance Manager. Treasurer Deputy Treasurer Clerk of Council Other Other Other Title and Name * Only the names and signatures of officers who will act in this transaction need be inserted. IN WITNESS WHEREOF, I have affixed by name in my official capacity as Clerk of Council on this day of ,20 Clerk of Council Customer Number 777-224557 CiTY OF SHLAND Council Communication Title: Dept: Date: Submitted By: Approved By: Synopsis: Recommendation on Future Growth Areas for "Now x 2" Regional Problem Solving Planning Department December 2, 2003 John McLaughlin, Director of Comn~ty Development Gino Grimaldi, City Administrator/(~'~t~ ~ The City has been involved in the "Now x 2" Regional Problem Solving process, and as Phase I nears an end, the City has been requested to provide its recommendations for future growth areas. Study sessions have been held with the Planning Commission, Housing Commission and City Council to go over the "Now x 2" process and to review the potential growth areas. At the last joint study session on October 28, 2003, the Council asked both the Planning and Housing Commissions to make formal recommendations on the future growth areas. On November 12, 2003, the Planning Commission met at which time they recommended that no potential growth areas be adopted at this time, and consider in fill and increasing density in future development areas within the UGB, and review overall community forn~ and development specific to Ashland. The vote was 6-1 in favor of this recommendation. On November 19, 2003, the Housing Commission met at which time they ended up not making a formal recommendation on any potential growth areas. As shown by the minutes, a motion to include four of the five potential growth areas (excluding the 400+ acre Neil Ranch) did not pass, by a 2-3 vote. No other motions were made regarding potential growth areas before their meeting ended due to loss of a quorum. Recommendation: The Council maintains the options presented to the other commissions: Option 1 Adopt a resolution recommending inclusion of one or more of the potential growth areas outlined in the attached memo. Option 2 Adopt a resolution recommending that no potential growth areas be adopted at this time, and consider infill and increasing density in the future development areas within the UGB, and review overall community form and development specific to Ashland. Two resolutions incorporating the options are included at the end of the packet. The recommendation regarding future growth areas is to determine where, in the long range plan of the community, future expansions of the urban growth boundary should occur. The recommendation does not result in an increase in the urban growth boundary. It is not likely that any expansions of the boundary would be considered for at least 5 - 10 years, and at that time, the City would still need to show a need for the additional land in our community, based on vacant land inventories and rates of growth. Should the Council recommend one or more of the potential growth areas, those would be the areas examined first for any expansion efforts. These areas would be considered as the logical extension of the city's established urban form, and would provide the future urban areas of Ashland. Should the Council not recommend any potential growth areas at this time, it does not mean that there will never be another opportunity to consider expansion areas. In the regional problem solving process, there will likely be a process for periodic consideration of future growth areas within the region. While it may add another level to the review process, it may be more appropriate for the community to maintain the current urban growth boundary and set up our long range plans based upon that decision. Should conditions change during the next 5-10 years, opportunities will be available for the City to consider adding future growth areas. Background: The memo outlining the options for the potential growth areas is attached, as well as the maps of the areas. Also included are minutes from the past meetings, including the most recent Housing and Planning Commission meetings. At the end of the packet are two resolutions, one recommending incorporating the recommendations of Option 1, with blanks left for the Council to include the recommended potential growth areas. The other resolution is based on Option 2 and does not recommend the inclusion of any future growth areas. Attachments: Memo Reconm~endations on Potential Growth Areas Map of AD1 Growth Area Map of AD2 Growth Area Map of Hill and Young Growth Areas Letter and Map of Neil Ranch Growth Area Letter and Materials from Madeline Hill Planning Commission Minutes - 11.12.03 Housing Comn~ssion Minutes - 11.17.03 Joint Study Session Minutes 10.28.03 Joint Study Session Minutes - 08.26.03 Joint Study Session Minutes - 04.22.03 Proposed Resolution Growth Area Options Proposed Resolution No Growth Areas Page 1 Page 5 Page 6 Page 7 Page 8 Page 10 Page 15 Page 17 Page 19 Page 27 Page 35 Page 41 Page 43 CiTY OF -ASHLAND Memo DATE: TO: FROM: RE: November 19, 2003 Housing Commission John McLaughlin, Director of Community Development Bear Creek Valley Regional Problem Solving Now x 2 Recommendation on Potential Growth Areas Attached please find the two potential growth areas proposed for the Ashland area - AD1 and AD2. Also attached is a map highlighting three other areas proposed by property owners for possible inclusion as growth areas. All areas proposed are pdmadly considered for residential growth. The proposed growth areas are not to be considered as proposed immediate expansions to our Urban Growth Boundary. Any expansions of our boundary still require that we show a need for additional land, as defined under state statutes and administrative rules. Rather, these future growth areas are where the next expansion of the boundary will take place, perhaps in 5 to 10 years, or perhaps longer. But they provide agreement about the future form of the city, rather than considering future requests on a piecemeal basis. Further, these potential growth areas are being determined for all jurisdictions in the region, creating a future development plan for the Bear Creek Valley. HOUSING COMMISSION RECOMMENDATION The City Council has requested that the Commission make a formal recommendation on the future growth areas, and that the recommendation be forwarded on to the Council for consideration. Option 1 Recommend inclusion of one or more of the potential growth areas outlined in this memo. Option 2 Recommend that no potential growth areas be adopted at this time, and consider infill and increasing density in future development areas within the UGB, and review overall community form and development specific to Ashland. DEPARTMENT OF COMMUNIITY DEVELOPMENT F,~,~ Pbnning Division Tel: 541488~305 20 East Mala Street Fax: 541-488~5311 Ash[and, O~egon 97520 TTY: 800-735-2900 v,v~.ashland.~.us POTENTIAL GROWTH AREAS AD1 AD1 is approximately 90 acres of land located at the southeast end of Ashland, south of Siskiyou Boulevard and between Tolman Creek Road and Crowson Road. As shown from the topographic map, it's terrain is similar to that of the adjoining Greenmeadows area (to the west), however, with some more rolling hills. Assuming it is built out to a 5 to 10 unit per acre density, the number of potential homes in this area would be approximately 450 to 900. Positives The area is adjacent to the Urban Growth Boundary (UGB) on two sides, adjacent to Siskiyou Boulevard, and has relatively benign slope by Ashland standards. It has the potential to be serviced by RVTD if routes were extended out Siskiyou Boulevard to Crowson Road. The Croman mill site is located to the north across Siskiyou Blvd. and will be a future employment/mixed use center, likely with some limited commercial opportunities. Bellview School is located nearby, serving also as a neighborhood park. Services are available to the site. Neqatives The site is located at the extreme south end of town. While relatively close to the Tolman/Ashland St. commercial center (Albertsons/Bi-Mart), it is located a substantial distance from downtown and continues the histodc linear development pattem of Ashland. The area is currently open and primarily in pasture use, and serves as an open space gateway to the community. Access would have to be developed off of Siskiyou Blvd and likely connecting with Tolman Creek Road. Tolman is currently only improved to county standards. Access to Tolman will likely disrupt existing residences. The numerous parcels within the area will require cooperative efforts among property owners, and coordination on the timing for the provision of facilities. These can be very difficult depending on the needs of individual property owners. Staff Recommendation Area AD1 is currently zoned RR-5 under Jackson County's zoning, and is not considered pdme farm land. It's proximity to current and potential employment allows for opportunities for work related tdps to be taken without cars. It provides opportunities for a vadety of housing, given the vadety of slope, however, higher density multi-family is not likely. Given that the area is a wedge of land between areas currently in the UGB, it could be an appropriate area for future growth. AD2 AD2 is an area of approximately 96 acres located on the north side of East Main Street, from the current city limits near Mill Pond/National Guard Armory out to Interstate 5. The area proposed for inclusion would be the area "on top of the bluff" and not located downslope in the floodplain area. Most of the sloping areas are not proposed for development as well, due to DEPARTMENT OF COMMUNliTY DEVELOPMENT P~anning Division Tel: 541.488-5305 ff~,~ 20 East Main Street Fax: 541-488-5311 Ashland, Omgo~ 97520 TTY: 800-735-2900 · '~w~.as hland.O¢.L~S access difficulties. Development between 5 - 10 units/acre would result in this area accommodating 480 to 960 dwellings. Positives The land is centrally located, relatively close to commercial areas, schools, and transportation networks. Transit would be possible along East Main with a modification of existing rautes. Since the south side of East Main Street is located within the UGB, the ultimate development of East Main Street as an urban artedal would be more efficient with the development of this property. The "top of bluff" area is relatively fiat, and could accommodate higher densities. Sloping areas or creek areas could function as neighborhood open spaces. A variety of housing types could be possible. Services are available. Negatives The land is currently zoned EFU (exclusive farm use) and is considered farm land. It provides the clear rural/urban interface that many people value about Ashland. The open space nature of the property provides a perimeter buffer for the community along Bear Creek and the view towards I-5. The narrowness of the property running parallel with East Main Street will provide for some development challenges. Drainages in the area.will require dpadan protection from development. Staff Recommendation This area was recommended for consideration as an alternative to AD1 during a public meeting. It does provide some logical development options for the community, and an extension of the development pattern being established along East Main Street. The loss of agricultural land is difficult to measure, since few high value crops are grown here. It primarily serves as pasture, with the majodty of good farmland in the floodplain area being preserved. However, the Planning Commission and Council should carefully consider the open space impacts - or loss of open space associated with development of this side. Mountain Meadows Extension Madeline Hill has proposed that approximately 15 acres located to the east, and behind, Mountain Meadows community on North Mountain and Nepenthe Road be included in the potential growth areas. Development at a density of 5 to 10 units/acre would yield 75 to 150 new units. Positives The area is adjacent to the existing Mountain Meadows development and services and access could be extended from that area. Two streets are already stubbed out to this property (Nepenthe and Creek Stone). Neqatives Concern has been raised in the past about the amount of development that should occur on the north side of Bear Creek, with North Mountain as the pdmary access point. While the North Mountain neighborhood plan envisioned higher densities, this area was not proposed for development. Traffic concerns and emergency vehicle access during floods is a concern. Given the area, transit service is not likely at this time. DEPARTMENT OF COMMUNIITY DEVELOPMENT Pi ann log Divbio~ Tel: 541~,88-5305 20 East Main Street Fax: 541 ~188-,5311 Ash[and, Oregon 97520 TTY: 800-735-2900 wvca.ashland.or.us Staff Recommendation Staff does not recommend that this area be included as a potential growth area at this time. Further development adjacent to I-5 is not desirable, nor the further extension of the community in this direction. However, the Planning Commission and Council should consider testimony and discuss this possibility. Young Property This area encompasses approximately 5 acres and is a tdangle of land located between I-5 and East Nevada. Given the slopes and configuration of the property, densities of 5-6 units per acre would likely be the maximum, yielding 25-30 dwellings. The area has relatively steep slopes down to the Bear Creek floodplain Staff Recommendation Given the relatively small area, slopes, proximity to 1-5, and the issues raised with the Mountain Meadows property outlined above, staff does not recommend this area as a potential growth area. Neil Ranch This area encompasses approximately 440 acres of land adjacent to the northern end of the airport. Portions of this property area irrigated. Staff Recommendation Given that this area is located across the freeway from the majodty of the community, has no clear connected street access, and is irrigated farmland, Staff does not recommend this area as a potential growth area. HOUSING COMMISSION AND COUNCIL OPTIONS The Commission and Council have the option of choosing to recommend any one, or any combination of future growth area, or the City could recommend that no future growth areas be included. This has been brought up as an option by several citizens and bdefly discussed among the commission and council. In the Regional Goals and Policies, Policy 3 under Goal I is that "overall urban housing density shall be increased to provide for more efficient land utilization." While Ashland has taken several steps towards this in the past, there are other opportunities for increasing densities, such as considering higher density multi-family for a portion of the Croman Property, ' and upzoning areas along East Main Street north of the railroad tracks, and currently undeveloped, but in the existing UGB. It should also be remembered that the potential growth areas can only be added to the UGB at the approval of the City Council. It is a decision based on need, and includes discretion by the decision makers. However, not indicating any future growth areas could make it difficult for a future council to expand the boundary in a timely manner, since agreements will need to be reached on a regional level, as well as at a local level. DEPARTMENT OF COMMUNIITY DEVELOPMENT Plan ning Division Tel: 541-488-5305 F,~I~ 20 East Mab Street Fax: 541~188-5311 Ashland, Orego~ 97520 TrY: 800-735-2900 wv~w.ashland.or.us 108 MISTLETOE ST., MEDFORD, OREGON 97501 PHONE (503) 773-6000 BOYDEN SURVEYORS "SINCE 1923" MARK E. BOYDEN R.P.L.S. ORE. 281 September 18, 2003 City of Ashland Planning Department c/o John McLaughlin Winbum Way Ashland, OR 97520 Re: Nell Ranch Property in Sec. 1,2, 11 & 12, T. 39S., Jackson County, Oregon R. l E., W.M. Dear John, From our recent discussions regarding a proposed extension of the Urban Growth boundary into the Neil Ranch, lying adjacent to the Northeasterly boundary of the Ashland Airport. Please find a rough map of the Neil Ranch to be added to the planimetric map previously furnished. The ranch has lost its usefulness as a cattle ranch. Please consider this very important addition, in stages, for the city's future planning. We appreciate the opportunity to discuss these matters with you and the city. Very truly y.o.~u~.., ff,~,~ t/Jo~ Neil Boyden J %¥[ark E. Boyden Enclosure MEB:sb August 22, 2003 To: Mayor Alan DeBoer, Ashland City Count{! and Planning Commission Re: Followup to 4/22/03 Council/Planning Commission Study Session on Regional Problem Solving (NOW x2) During your joint study session in April concerning Ashland's growth, we proposed the City consider a 15 acre property (39-1E-03, Tax Lot 600) for inclnsion in Ashland's urban growth boundary (UGB) reserve to accommodate future growth needs. This puts our verbal suggestion into a formal written request that the property be included in the regional plan and in any future City UGB expansion. The property meets the City's expressed goals as well as the goals laid out in RVCOG's regional planning publication dated 12/06/02: · maintain lands in agriculture for agricultural uses, · preserve open space, · maintain buffers to protect community/city identities, · develop areas which can readily receive urban services, · reduce traffic congestion, and · avoid areas near the Ashland watershed. The property proposed for inclusion also mee~ Lite concerns rais~ by City Planner John McLaughlin during the April work session. It · is southwest of I-5, not across it, · is not in the Ashland watershed, thus poses no forest fire danger, · will not impact Talent, or the maintenance of separale identities for Ashland and Talent, · is relatively close to downtown Ashland. Suitable Location and Size: You can't get any closer to the Ashland City Limits than this 15 acre parcel because it rests right on the City Limit's boundary line. It's of manageable size, just two blocks from an arterial street (North Mountain Avenue) and only 1.3 miles from the Ashland Plaza on the southwest side of Interstates5. The parcel is three blocks from the Bear Creek Greenway and less than 1,000 feet from the city's North Mountain Avenue Park. It's immediately adjacent to an established compact urban development, and its small size makes it the appropriate size for planning and accommodating residential units when the City expands its UGB (see attached maps). This parcel is not in an "area of separation" and can be easily urbanized. City services (water, sewer, electric, natural gas, AFN, cable, and phone lines) are akeady installed underground right to the property line, and three paved streets connect directly to the property, separated only by one foot wide City "street plugs". The property Is highly suitable for future residential growth. Nerd: The 15 acre piece proposed for urban growth reserve inclusion could accommodate needed affordable housing options through such vehicles as the Ashland Community Land Trust (ACLT) and/or an employer assisted housing program, among others. We are proposing that a /0 major portion of future development on this acreage be devoted to affordable housing. The portion on Kitchen Creek would be placed in open space use (trails and gardens). We share a personal and professional passion for affordable housing. For example, Madeline was a founding Board member of ACLT, was a member of the City's Housing Commission for many years, offered her professional real estate services for flee to facilitate many affordable housing transactions in the Clear Creek subdivision, and was honored by Advocates for Severely Handicapped by naming their home on Walker Avenue that now provides permanent affordable housing for 10 severely retarded adults "The Madeline Hill House". Larry currently serves as a Board member on the State Housing Council, and has been an active participant since 1989 on various versions of what is now known as the City's Housing Commission. He was a member of the City's Planning Commission for 5 years and has been a developer working with the city's various affordable housing programs for several years. We look forward to working with City staff, the Housing Commission, the Ashland Community Land Trust Board, and other public and private housing groups so that an appropriate portion of the housing on this parcel will remain affordable for many generations of Ashland familie~ long into the future. Additional Considerations: Two other considerations are addressed for your information. 1. Protection of Agricultural Land. The property is currently zoned Exclusive Farm Use (EFU) but it does not qualify as agricultural land. Included is a Soils Evaluation Report (4 pages) prepared by George J. Badura, a professional soil scientist (see Attachment 1). Mr. Badura's on-site evaluation breaks the property into six (6) units, only one of which (Unit 4) contains class III and IV soils and is 1.17 acres in size. The only other Unit which comes close to EFU classification is Unit 5 which contains 2.93 acres. The other units contain Class VI soils and are not farmable due to terrain and roclc Also attached is a one page summary of reports fi.om the Oregon Soil Survey (USDA), backed up with 8 pages of data from the Natural Resources Conservation Services plus a map prepared by that agency. The data shows that the property has slopes ranging fi.om 3% to 15%, and topsoil with an estimated depth of six inches which is full of pebbles and cobbles. Between 15 - 35% of the soil is olay (see Attachment 2). The property is on Talent Irrigation but has not been used for agriculture in recent years, and historically may have been used for grazing. Finally, Nepenthe Road, an undeveloped public road located on the south side of the property, provides access to two other properties and buffers the adjacent land which is located largely on Bear Creek and is in agricultural use. 2. Transportation Impact. The intense use in the Mountain Meadows development represents "smart growth". The Mountain Meadows Owners' Association tnd Skylark Assisted Living provide and coordinate bus trips to Medford and into downtown Ashland for plays, concerts, and shopping, thus reducing transportation impacts on the Valley. Once the bridge is built across Bear Creek at Hersey, a bus line is proposed to run along North Mountain Avenue just two blocks from this property. Thank you for giving this proposal your serious consideration. We are requesting that you include this parcel in your recommendations to the regional plamfing committees for review and adoption. You can rely on us to produce what we promise. Madeline and Hunter Hill & Larry Medinger 828 Boulder Creek Lane Ashland, OR 97520 Email: hunter@mind, net Attachments: Maps Soils Analysis Report from George J. Badura Oregon Soil Survey Report (USDA) Cc: Michael Cavallaro, Ex. Director, RVCOG Z © Z < Knox added that the Downtown Design Standards require through design to build to the lot line. Look at the historic pattern. Fields said the historic pattern is level. When you have a grade going up over a block, it changes. It's not the same and it requires discretion. KenCiarn likes the project and would rather see this design. She loves parking underground. It is a negative part of the site that brings some of the parking above ground. If does not think we have criteria to drop the third building. She agrees with Fields that the outdoor public space is not that inviting throughout the year, but she does not see it as an issue to deny the application. Dotterrer agrees with KenCaim and Briggs. He believes it meets the criteria. Ite likes the design but does not think it will overwhelm the downtown. He understands the idea about the big box but likes the project. Chapman thinks it meets the criteria at the time at which the application was filed. He believes it will be an asset to the downtown. It is an efficient use of our downtown space. The motion carried with Morris, KenCaim, Birggs, Dotterrer and Chapman voted "yes" and Swales and Fields voted "no". x,.._,,....~OMMENDATIDN TO THE COUNCIL ON NOW X Me--id two'~ed study sess~ons lmve been held with the Planning Commission, looking at potential future growth area. They last met with the Council and Housing Commission and heard some varying points of view. The Council asked that the Planning Commission make a formal recommendation back to them. The main areas are AD1 (90 ac. offTolman Creek Road & Siskiyou Boulevard) and AD2 (north side of E. Main, adjacent to existing UGB). Three areas have been proposed by private property owners: 15 ac. behind Mountain Meadows owned by Madeline Hill and Larry Medinger, 5 ac. owned by Dr. Young located near the intemection of North Mountain and I-5, and the 440 ac. Neil Ranch near the Ashland Airport (no public access at this time). Staffhas recommended not including the three privately owned pieces of property. ADI and AD2 each have merits along with concerns. Both function as open space and gateways that the community has always viewed as open space. The East Main parcel is zoned EFU. The City may not want to add any of these as indicated by some of the straw polls taken at the previous study sessions. By looking at the community as a whole, what is most appropriate for Ashland? Should we be looking at expansions beyond our Urban Growth Boundary? There are two options. Option 1 would include one or more of the potential growth areas outlined, or Option 2 that no potential growth areas be adopted, consider infill and increasing density in future development areas within the UGB, and review overall community form and development specific to Ashland. Dotterrer asked if this is just saying "if we decide to grow, this is the direction we would take." McLaughlin affirmed. They would have to identify a need. Swales saw in the study session minutes that Larry Medinger was pitching the Mountain Meadows area and wondered if that is a conflict of interest. Swales thought Option 2 seemed to be the overwhelming direction of those at the study session. ~wai;s mover"to recommend Option 2 to the Coun~-cil. Chapman seconded the moti._on. ,[ KenCaim said what people seem to be objecting to the most these days is all the infill we are doing. We need affordable housing. At some point, we are going to have to grow or people are going to be less and less satisfied with the quality of life that we have. There is a real strong conflict of interest for all of us in ASHLAND PLANNING COMMISSION DRAFT REGULAR MEETING MINUTES NOVEMBER 12, 2003 /.,~ 10 saying yes or no. Ultimately, we will have to add land when we are filled up. Does that represent what the public wants? Chapman said a woman spoke to them at the last community drop-in about how to improve infill; add walk-throughs between the intense apartment/condominium complexes and the less dense residential areas. There are some ways we could improve our infill process. He has not heard anyone talking about working our way into affordability through sprawl. Dotterrer has a problem with the motion. We are not saying this is where we are going to grow. This is only a plarming decision that says "if" we decide to grow. What we are saying is let's not plan for the future. He has a problem with just saying "no". Swales said we have a UGB and plenty of unbuilt land outside the City. He thinks we need to send a message to the rest of the RVCOG that Ashland is keeping a tight UBG and we will use infill. If we find this is not adequate, we can always expand it. Dotterrer thought the whole idea behind NowX2 is that conm~unities get together and if we are going to grow, this is where we want to go. Fields said he has incredible optimism that we will start planning county-wide. Rather than the obligation to grow being met by each town, it would be a community base and the community would be the whole Rogue Valley and Ashland might see population limits. By saying "no" maybe we can do it differently. Dotterrer is concerned we will be sending the wrong signal the signal that we don't want to plan. He is concerned it will isolate us. ~ ~ Thee,n, Camed with Moms, Swales, Chapman, Briggs, Fields and KenCairn voting "yes' and Dotterrer voting "no". ~,~ ~ ~ ADJOURNMENT The meeting was adjourned at 10:00 p.m. ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 12, 2003 DRAFT Hartzell wondered if the City leased the airspace and the City still owns it, at the end of 60 years it might be needed for another purpose. She asked Sandier if he had looked at any other parcels. Sandier has been looking at the old Handyman store. Blackwolf believes it behooves us to explore all options. She is asking Sandler to relax and let the Commission discuss options. Blackwolfasked where OSF is on this deal. McLaughlin said it is written in their lease agreement that they have six months to propose their own project that would show similar or greater benefits than what someone else would propose. Hartzell is concerned because she sees City property as common property and she is not comfortable entering into exclusive negotiations. As a community is this a good opportunity for the short-term and/or the long-term? We have to look at it as keepers of the trust. Sandier understands the Commission is saying that one issue is buying the properly back. He is very agreeable to purring out a Request for Proposal for the project. Oswald believes there are a lot of details. She senses a reluctance on the part of the Commissioners to take any risks. We need affordable housing on the ground. This is exactly the kind of thing we need to try. Sandier is asking the Commission recommend to the Council that they support his project. The Commissioners reviewed the Council's motion contained in the minutes of the November 4, 2003. Hartzell said she has huge concerns that RVCDC came forward a year ago to staff and nothing happened. Now we are looking at a for-profit project. Why now?. We are supposed to be supporting the non-profits. McLaughtin did not want Hartzell to think staff put in more time with RVCDC on the parking lot than they have with Sandier. Staff did not put RVCDC's request on the back burner. They spent more time with RVCDC than they have with Sandier. Sandier has been proceeding on his own. RVCDC is welcome to come back again and staff is willing to work with them. The Commission discussed how to proceed from here. Small said the Housing Commission is responsible for affordable housing issues. He supports the idea of affordable housing at that location. He would like to leave the mechanics and how it works to someone else. He would support an RFP process. Hartzell felt the Council's motion asked that the Housing Commission work out some the details before making a recommendation. She believes they need more information and she would like Debbie Price to make a presentation to them. She would like to see what RVCDC could offer. Blaekwolf liked the idea of making some comparisons with other groups. Dungan believes time is of the essence. Hartzell believes it is important to take time before making a recommentdation to the Council. McLaughlin suggested the Commission could do a Request for Qualification process. It would be less costly for an applicant. They could outline number of units, income levels, timelines, etc. Hartzell added other items - do we want parking, how many units, what size. Blackwolfmoved to recommend using the RFP process. Continue the discussion at the next meeting and work on the RFP process. Small seconded the motion and it carried with Small, Blackwolf and Hartzell voting "yes" and Dungan and Oswald voting "no". Debbie Price should be available for next month's meeting. Dungan solicited staffs help with working up HOUSING COMMISSION RECOMMENDATION ON NOW X2 (FUTURE GROW'TH AREAS) ~ There is potential for future growth outlined in McLaughlin's memo to the Housing Commission dated ) 11/19/03. McLaughlin discussed the five areas, stating that AD1 and AD2 have merits and concerns. Staff does not feel the remaining three areas are appropriate for future growth (Mountain Meadows, Young ~) MINUTES NOVEMBER 17, 2003 /7 property and Nell Ranch). The Planning Commission reconunended to the Council that no areas should be included. The City is constrained in how we can grow. If we decided not to include an area now, there will be a process to request inclusion later, possibly every five years. Dungan moved that all four parcels be included (not Nell Ranch). Small seconded the motion. Dungan believes by recommending four areas, there will be more options open for affordable housing. Blackwolf is concerned about the special interest areas, developing across Bear Creek, and using agricultural lands. If any of the future growth areas are included, there is no guarantee of affordable housing. McLaughlin said the Planning Commission recommended no growth options. They said this is the livable size community we want. Their concern was if the areas are brought in, it won't fix the affordable housing problem. Hartzell wondered if we should annex for affordable housing or not. Her ecological view is to "shut it off". But her social view is to leave it open. What will the market do if we include areas? Oswald is a biologist first and a Housing Commissioner second. She does not want to see open areas built an and Small voted to include the four areas. Hartzell, Oswald, and Blackwolf voted no". Hartzell we struggle to get affordable housing. It takes making sacrifices. What are we willing to trade off?. r m~s matter. UPDATE ON COUNCIL DECISION TO ALLOCATE STRAWBERRY LANE PROPERTY AS AN ASSET OF THE AFFORDABLE HOUSING TRUST FUND. McLaughlin said staff will be going back to the Council to see how to best divide the property and how to maximize the sale. The council has committed to putting the funds into affordable housing. A portion may be allocated for purchasing The Grove (on East Main Street). HOUSING SPECIALIST HIRING UPDATE McLaughlin reported the job posting closes December 5th. A hiring committee has not yet been determined. SUBCOMMITi'EE - Finance Committee - Rohde said they are continuing to pursue funding options. They may need some expertise in analyzing some of the options. They have decided the usage of the Housing Trust Fund should be clearly prioritized. ADJOURNMENT - The meeting was adjourned at 6:10 p.m. ASHLAND HOUSING COMMISSION MINUTES NOVEMBER 17, 2003 DRAFT http://ashland.or.us/PrintContentView,asp?ID-1470&A... Planning Commission 10/28/2003 These Minutes are preliminary pending approval by Council at the November 4, 2003 City Council Meeting. DRAFT MINUTES JOINT STUDY SESSION CITY COUNCIL PLANNING COMMISSION HOUSING COMMISSION TUESDAY, OCTOBER 28, 2003 Greater Bear Creek Valley Regional Problem Solving "Now x2" Call to Order Meeting was called to order at 7:05 p.m. Attendance Council: Alex Amarotico, Don Laws, Kate Jackson, Chris Hearn, Cate Hartzell Staff: John McLaughlin, Gary Collord Planning: Russ Chapman, Colin Swales, Raymond Kistler, Cameron Hanson, Marilyn Briggs, David Dotterrer, Michael Morris Housing: Joan Legg, Jonathan Uto, Larry Medinger, Andy Dungan 1. Review and Recommendation of Potential Growth Areas Community Development Director John McLaughlin explained they are gathered to discuss the Now x2 Program, and to consider what the valley will look like with double the population and how Ashland will accommodate the growth. Councilor Jackson noted the goal is to accommodate the population growth, but this program was initially created 2 of 9 / ~ 11/24/03 3:16 PM http://ashland.or.us/PrintContentView.asp?lD- 1470&A... with the serious intent of preserving farmland. John McLaughlin explained Ashland currently has constraints, including not wanting to expand across the freeway or into the hillside for environmental concerns. He also noted that Ashland and Talent are only a few hundred yards apart and they are not planning on expanding out towards Immigrant Lake. With this in mind, there are two small areas that they are looking at. The first is ADi: approximately 90 acres located south of Siskiyou Blvd, between Tollman Road and Crowson Road. And the second is AD2: approximately 96 acres located along the south side of East Main Street. There have also been the three other areas proposed by residents, including the Young Property and the Mountain Meadows Property. At the last meeting, they had put forth 2 options. Option 1 recommended the inclusion of one or more of the potential growth areas outlined, and Option 2 recommended that no potential growth areas be adopted at the present time. Option was 2 was chosen after a split straw vote. McLaughlin explained AD1 would be more difficult to build multi-family housing, due to the slopes, but noted it is close Lo schools and the Bi-mart and Albertson shopping centers. The flatness of AD2 would provide a great opportunity, and the proximity to services makes it a likely candidate. However if AD2 was built up, the present views of the agricultural land and Mt. Grizzly could be affected. David Dotterrer asked if AD2 was chosen, would East Main need to be widened to accommodate? McLaughlin replied No. McLaughlin explained the North Mountain areas have constraints that would make it difficult to develop and the closeness to services has been a concern. Also, there is a component of how people view Ashland from the freeway, which could be hampered by this development. Another option is 400 acres adjacent to the city limits next to the airport. This is located on the other side of the 3 of 9 t~Q(~3 11/24/03 3:16 PM http://ashland.or.us/PrintContentView.asp?ID- 1470&A... freeway, and does not have access to city streets or services and is not recommended. McLaughlin explained the next step is for this item to go to the City Council for final consideration, and that they are holding this second Study Session to give the Housing Commission and others the opportunity to voice their comments. McLaughlin stated they are looking at the long-term changes (20-50 years from now), including how will the valley look, and where the growth should take place. Councilor Hearn asked how the traffic plan related to this project. McLaughlin stated that road improvements will need to be made, including signals, but they will most likely not need to widen the streets. Councilor ]ackson noted that the increase of traffic on East Main has been partially impacted by the construction on $iskiyou Blvd. David Dotterrer, Planning Commission, asked how many people would be accommodated by each of the two proposed sites. McLaughlin responded AD1 could create 450 potential single family homes, while the AD2 area could provide more multi-family housing which would allow for more people. AD2 could also allow for neighborhood commercial zoning. Colin Swales, Planning Commission, expressed his concern that they not only need to look at affordable housing, but also look at the Economic Development Plan to ensure that Ashland can provide decent wage jobs. Larry Medinger, Housing Commission, stated the problem is that the young professionals cannot afford to live in Ashland, and agrees that wages should be raised. Medinger stated they could only counteract this problem by following the action plan and work on some of the great ideas brought forth, like the program that works with the 5 largest employers. Medinger also stated that they need to look at what types of housing these people would be interested in. Some of the young professionals are seeking 4 of 9 o~ I 11/24/03 3:16 PM http://ashland.or.us/PrintContentView.asp?ID- 1470&A... a house with a yard and the City needs to make sure this type of property is provided. IVledinger asked how binding the Now x2 plan was. McLaughlin clarified that there will be a process to update the plan over the years. Councilor Hartzell asked what the impacts would be of closing this issue until the next review cycle came about. McLaughlin clarified that the regional plan does give flexibility, and could be revised after about 5 years. IVlcLaughlin noted some of the other areas on the valley will have a higher increase, but the goal is to have Ashland share in the responsibility for the growth and housing issue. Andy Dungan, Housing Commission, stated he felt the attitude of looking to other cities to accommodate their growth needs in irresponsible and morally inappropriate. He expressed his concern about Ashland becoming even more exclusive and stated the lower end housing problem can only be solved by rentals, and wants to have this in the discussion. Ali Turiel, Jackson County Planning Manager, informed the council and commissioner of an unpublished study that was done with White City. The results of which showed that people were not moving to White City to be closer to their work and community, but rather citizens were commuting further, and living in White City for its reasonable house prices. Juli DiChiro, School Superintendent, stated the young families in Ashland are declining, and would like to see good family housing provided. She stated about 90% of the Ashland school teachers are living in Ashland, but that they are also in their 50s. The schools have not been able to hire any new teacher due to the drop in enrolling children, but will be able to hire again once some of the current teachers start to retire. DiChiro also stated that the City needs good family wage job housing, not the Iow level affordable housing. She also noted that police officers, firemen, doctors, etc., cannot afford to live here, and that it affects the quality of life when the people you depend on are not able to be residents. 5 of 9 '~'~ 11/24/03 3:16 PM http://ashland.or.us/PrintContentView.asp?ID- 1470&A... McLaughlin clarified that the project at hand is long term, and way down the road. If the council wants to address the city's current affordable housing problems, that is a completely different issue. Councilor Hartzell asked if the City would be able to control how the land was developed in terms of affordability. NcLaughlin stated they would not be able to state a specific percentage that needs to be affordable housing. Dungan explained that they could not apply it towards for sale housing, but they could for rentals, which is not against OR Statutes. Public Comment Eric Navickas / 711 Faith Ave. / Stated increased growth would result in a greater water use, worse traffic, and a decrease of aesthetic value as a tourist town. He stated the City has not yet developed fully within the present UGB, and would like to see that done before they look outward. Navickas noted the Railroad District as a good area to increase residential and affordable housing, and expressed his disappointment that they were putting so much focus on the Willow Wind Property. Iraj Ostovar / 389 E. Hersey St. / Stated he was representing the David Young Property off of East Nevada, and feels this would be a good opportunity for the City. He noted a portion of the property is already part of the City, and the capacity for the traffic is already there. He stated this use could be expedited and used within the next 3-5 years, of they could wait and use it 20+ years from now. Gary Collord / Housinq Specialist / Stated this is a tough situation. They could address affordable housing by adding rentals and multi-family properties, but that is not typically the first choice for families. Collord stated the City needs to work on the land use development policies for incentives to developers for building Iow income housing, and that the City will fail if they do not take the appropriate land use steps. Jonathan Uto, Housing Commission, stated he is frustrated because the people who are making these decisions don't 6 of 9 oQ, 3 11/24/03 3:16 PM http://ashland.or.us/PrintContentView.asp?lD-1470&A... represent him or his peer group. Uto expressed the value of being able to live, work, and send your children to school in the same neighborhood. Uto would like the Council to give this younger group of citizens the option and to not close the door on the issue. Councilor Laws stated they all agree that they need lower cost housing in Ashland, want more children, and would like for the people who work in Ashland to live in Ashland. But also stated he does not think that has to do with Now x2. Laws believes they have areas now that can be used to address these issues, and feels they will have a much better idea of what should be done with the UGB after the 5 years has passed. Nlarilyn Briggs, Planning Commission, asked if Collord would be able to provide a packet that lists the tools that are at their disposal, as well as what works in other communities that might be applied here. Briggs stated there maybe something that they could start right now, and if they know they will be able to accomplish their goal, everyone will be able to relax. Andy Dungan, Housing Commission, stated the problem is putting all the tools in the same box, and then making the commitment to do something. Dungan stated they need to work with the community and work together with the use of the land use laws. He also expressed this is mainly about keeping their options open and stressed the need to keep flexibility. David Dotterrer, Planning Commission, agreed, stating this is in no way committing themselves and does not think they should cut if off right now. Russ Chapman, Planning Commission, disagrees, and stated they should stay within the UGB and develop it to its full potential, which will take at least 5 years. At the end of those 5 years, they will still have the chance to revisit this issue. He also noted the City can not sprawl its way into affordable housing. Councilor Amarotico agrees with Chapman. Expressing he thought this project was about what Ashland would look 7 of 9 O~ ~ 11/24/03 3:16 PM http://ashland.or.us/PrintContentView.asp?lD- 1470&A... like in 50 years. Jonathan Uto, Housing Commission, asked what the danger was of creating the option. Noting they would still have to go through the process if they decided to act. Councilor Hearn stated a potential problem is that things like this tend to gather momentum. Councilor Laws stated he did not want to give the property owners the false impression that they would be able to develop their land and make money. McLaughlin stated the main intention of this meeting was to get advice from the Council and to hear eveyones concerns. Colin Swales, Planning Commission, stated he has not heard anything tonight that is different, and does not feel that the majority vote from the previous meeting has changed. Councilor Hartzell stated there have been a number of options that have been put on the table, and feels there could be value in taking this back to the commissions. However, she suggests giving them the same options to choose from. Andy Dungan, Housing Commission, stated he would like to have this joint meeting again to discuss specifically affordable housing. McLaughlin stated this was scheduled to go the council at the next meeting, but it can be delayed if they wanted to take it to vote at the commission meetings first. Adjourn: 9:09 PM Respectfully Submitted, April Lucas, Asst. to City Recorder End of Document - Back to Top 8 of 9 ag.~' 11/24/03 3:16 PM http://ashland.or.us/PrintContentView.asp?ID= 1470&A... 9 of 9 ~ 11/24/03 3:16 PM http://ashland or us/PrintContentView.asp?ID= 13 51 &A... CITY OF -ASHLAND Monday, November 24, 2003 Minutes Planning Commission 08/26/2003 ASHLAND PLANNING COMMISSION ASHLAND CITY COUNCIL JOINT STUDY SESSION AUGUST 26~ 2003 CALL TO ORDER Planning Commission Chair Russ Chapman called the meeting to order at 7:05 p.m. Other Commissioners present were Kerry KenCairn, Colin Swales, Mike Morris, Marilyn Briggs and John Fields. Cameron Hanson, Ray Kistler, and Dave Dotterrer were absent. Council members present were Alex Amarotico, Kate Jackson and Chris Hearn. Absent were Don Laws, John Morrison and Cate Hartzell. Mayor Alan DeBoer arrived at 8:00 p.m. Staff present were John McLaughlin and Sue Yates. GREATER BEAR CREEK VALLEY REGIONAL PROBLEM SOLVING "NOW X2" STAFF PRESENTATION McLaughlin said there have been three meetings on this topic. Each community in the Greater Bear Valley has been working on their individual comprehensive plans and their growth effort. The region is tightly linked with air quality, transportation, etc. This plan is looking at where growth can best occur and where it should be discouraged. 1 of 8 ,~ ~ 11/24/03 3:13 PM http://ashland,or.us/PrintContentView.asp? ID 1351&A... What are Ashland's recommendations for growth areas? With all the various constraints, such as I-5 and hillsides, we are looking at relatively small areas. The purpose of this meeting is to get some dear direction from the Commission and Council that will be taken to the Council for their final recommendation and adoption for growth areas. McLaughlin's memo of August 26, 2003 describes the potential growth areas and the positives and negatives of each area: AD1, AD2, Mountain Meadows extension, and the Young property. KenCairn asked if the City can just say "stop" under this plan. McLaughlin referred to the Greater Bear Creek Valley Goals and Policies, Goal 3, (Recognize and emphasize individual identity, unique features...) Should Ashland provide a greater amount of housing, but due to the constraints, end up spoiling the part that makes us an important factor in the region? Ashland has a certain character and desirability. Regional problem solving is a process allowed under state statute that allows for flexibility of the statewide planning goals. We have to comply with the goals, but we have flexibility with the Admininstrative Rules. One option the City could choose is to recommend none of the growth areas and start looking at other opportunities for infill or increased densities in some of the vacant areas we have. Swales asked about AD2. The western most side follows the bluff. Why does it go down into the gullies and cut back to East Main? Why the steeper land on the eastern side? McLaughlin thought it would be better under the City's jurisdiction than ]ackson County's. As the areas develop, there are logical open spaces around the creek buffers that could be incorporated into an overall neighborhood plan some time down the road. That line is not necessarily fixed. Only the area that is accessed is what would be urbanized. McLaughlin added this is the time to look at the big picture for the region. We are looking at a major policy issue for Ashland and the region. Are we going to modify our 2 of 8 e,~.~ 11/24/03 3:13 PM http://ashland.or.us/PrintContentView.asp? ID- 13 51 &A... boundaries to accept additional growth as well as infill or are we going to say no? There are opportunities for amendments in future years. A process will be designed for that but it will be rigorous. The future growth areas are not for immediate growth. This is a long-term plan. We are still required to show the need for additional lands. Once the areas are identified for potential growth areas for Ashland, it will change their character. They will increase in value and there will be pressure to bring the lands in at some point. McLaughlin thought the letter from 1000 Friends of Oregon raise some very good points. DTSCUSSTON DAVID YOUNG said he owns the triangular section of land near ][-5. He is interested in helping the City meet the pressing need for affordable housing. His would offer the entire parcel for 50 or more affordable housing units. He would be willing to sell the units under the City's affordable program for $140,000 each. ][t looks to Young like a natural continuation of the urban plain with multiple density housing on the other side of Mountain Avenue. McLaughlin explained that if this area was added as a growth area and the regional process is complete, Young could begin the process the next day. KenCairn wondered if it could be zoned for Iow-income housing. McLaughlin said it could be zoned for that purpose. Jackson asked about the road capacities for North Mountain and East Nevada. Would either one of these additional areas exceed the capacity? McLaughlin thought not. Hearn wondered if Gary Collord, Housing Specialist, had been able to come up with any land use possibilities for parcels like Dr. Young's? McLaughlin said Collord's efforts have been going into more immediate housing already within the City, rather than something that might be five to ten years out. 3 of 8 ~..~ 11/24/03 3:13 PM http://ashland.or.us/PrintContentView.asp? ID- 13 51 &A... Fields asked if this property would be a gift. Young said his plan would be to develop it himself and meet the City's intent. McLaughlin said the difficulty of the discussion is that we are looking at some really different timeframes. We are looking at land needs and future development patterns for the community as opposed to a specific development that may be needed right now. That will evolve in the next five to ten years. Swales wondered if we have looked at the wisdom of having high density so close the freeway in terms of the aesthetics Ashland presents to travelers along the I-5 corridor, or just how nice is it to live in those places? I4ADELINE HILL said she and Larry Medinger own a piece of land east of Mountain Meadows. She commissioned a study of the land. It has never been used for agriculture. It is right next to a developed urban area. It is a manageable size and close to North IVlountain Park and the greenway. Services are only a foot away. They would be interested in working with the Ashland Community Land Trust (ACLT). She and Medinger have been successful developers of affordable housing in whatever the City's program has been. ELIZABETH HOWARD(?) said there is clearly a need in Ashland for affordable housing. We use other valuable resources by forcing the workforce to commute to other communities. She finally gave up looking for real estate in Ashland, Talent or Phoenix. She would like the Commission and Council to seriously look at those who cannot afford to live in Ashland. She has also noticed the lack of racial diversity in Ashland. IVlcLaughlin said they are looking at possibly rezoning some existing areas. We are still within the 20 year time range for all land classifications, but we are getting tight. Hearn left the meeting. KenCairn finds it interesting there are owners of two pieces of property asking to be included as growth areas. If we 4 of 8 ~.~O 11/24/03 3:13 PM http://ashland.or.us/PrintContcntView.asp?lD 1351&A... have this intensive Iow-income housing need and are having a very hard time finding property to facilitate it and these owners are willing to accept zoning that would force them to do 100 percent affordable housing, it seems like an incredible value to the community. Her concern is that there would be an island of Iow-income housing. Chapman mentioned this could be done with AD1 or AD2 also. Chapman still wants to be able to call Ashland a small town. We have 20,000 people now. By the time we build out what is here, he thinks we'll be at 24, 000 to 25,000 people. He believes at that point we have an obligation to protect ourselves as a small community and we need to say, "that's it". He is not closing the gate. There is a small town attraction, charm and beauty that we need to protect. He thinks the current inventory is enough. KenCairn responded that is what is increasing the problems with affordable housing. Fields thinks we have an opportunity to force that land in with affordable restrictions. Jackson asked if maintaining that small town feel would mean the rural feel of driving out East Main. Would AD2 enclose it more? Is it harder to describe senses of how different parts of town relate to each other? It is a difficult thing to pin down. You can physically define and limit the acres inside the city limits, but your population is always going to grow. You either accommodate that growth in higher density in attractive developments or you don't. To her, a big part of the community feel is that people that work here can live here. The small town feel to KenCairn is that people know each other; people work together and see one another in the evening. The less affordability there is, the less that can happen. Mayor DeBoer arrived. Briggs prefers the AD2 piece. It seems like a more natural place to put a growth area and the bluff behind it seems like a natural boundary. It has the flattest land for building. Chapman mentioned the areas of potential growth already 5 of 8 "~ 11/24/03 3:13 PM http://ashland.or.us/PrintContentView.asp?ID- 1351 &A... in the UGB: The Croman property, the area around McDonald's, and two recently approved areas on North Mountain. The AD2 seems like the most logical area for growth, especially because it is in close proximity to the schools. Can the community absorb a potential 480 to 960 dwelling units? Amarotico asked if they recommend no change and in ten years the town is bursting at the seams, how possible is it to change then? FlcLaughlin said it would mean going through this process locally and at a regional level. There will be windows of opportunity, probably every five years, for communities to amend their plans. Jackson reminded the Commission and Council that we are a greater urban area. Regional transportation, growth, jobs placement, and housing can be better dealt with on a regional level than by each city by itself. From her viewpoint, she wants to be open-minded about the process. Swales said, in other words, politically, it is better to say we will do a little bit but with the understanding that we will keep tight control of what actually happens. McLaughlin cautioned everyone in looking at the specific need for affordable housing. We are really looking at future housing areas that are going to be a combination of housing types. We don't want to isolate one type of housing. KenCairn sees an opportunity with the two areas being offered by their owners to provide some affordable housing. Fields said there might be ways to do some creative things, like an affordable housing mitigation plan. Chapman believes we have an obligation as a whole not to grow beyond the carrying capacity of the resources of this community. If it were a choice of parcels, he would not choose either piece by the freeway. Swales feels it is not right to designate these areas as ghetto type housing. We have policies in place to allow for affordable housing and encourage infill and density. It would seem perfectly within our purview to take the lead and take that message to the rest of the valley. 6 of 8 ~ 11/24/03 3:13 PM http://ashland.or.us/PrintContentView.asp?ID- 1351 &A... Chapman said by adding areas, we are abandoning our principles for growth. He would support Option 2 for no change. Swales said the demographics in Ashland are changing. The population moving here seems older and wealthier. He believes we should take this slowly and do our best to keep our compact urban form. Briggs wondered what could happen to the possible growth areas if we choose not to add them. Can they develop? McLaughlin said according to state statute, land within one mile of the UGB cannot go below ten acre minimums. Norris would like to see housing as a separate issue. It doesn't make sense to have Iow- income housing dictate decisions for our long-term UGB. DeBoer believes we should adopt Option 2. We can always add more land or deviate from the plan if we find the right pieces of property. We need to have a regional approach. The rest of the county should see how we've worked with infill. It is a great statement to use what we have first before changing our UGB. NcLaughlin suggested doing a straw vote on how to proceed. Norris wondered about a density transfer for setting aside wetlands in AD2. McLaughlin thought it would be hard to end up with 900 units. Fields supports Option 2. Swales supports Option 2. He would like a statement of our vision and promote our vision to the rest of the valley. Jackson said since we are grappling with affordable housing, she would consider adding a few acres from the two proposals and AD2. Our statement of rationale for bringing these areas in would be to provide the housing type for which we are running out of acres. Swales, Norris, KenCairn, Chapman, Fields, Amarotico and 7 of 8 ~ 11/24/03 3:13 PM http://ashland.or.us/PrintContentView.asp?lD= 1351 &A... DeBoer support Option 2 (to varying degrees). No one seemed to like AD1. There was no opposition to the Goals and Policies. OTHER Announcement Mayor DeBoer announced the Council will be talking about affordable housing priorities and Community Development Block Grant (CDBG) at their next study session at noon on September 3, 2003. AIA Conference Briggs gave a brief report of the recent AIA conference in Portland, ADJOURNMENT - The meeting was adjourned at 9:20 p.m. 8 of 8 ~ 11/24/03 3:13 PM http://ashland.or.us/PrintContentView.asp?ID= 1209&A... CITY OF -ASHLAND Monday, November 24, 2003 Minutes Planning Commission 04/22/2003 JOINT STUDY SESSION ASHLAND PLANNING COMMISSION ASHLAND CITY COUNCIL MINUTES APRIL 22f 2003 CALL TO ORDER Chair Russ Chapman called the meeting to order at 7:05 p.m. Other Commissioners present were Cameron Hanson, John Fields, Dave Dotterrer, Marilyn Briggs, Kerry KenCairn, and Ray Kistler. Absent were Mike Morris and Colin Swales. Mayor DeBoer was present along with Council members Don Laws, Chris Hearn, Kate Jackson, Alex Amarotico, and Cate Hartzell. Councilor John Morrison was absent. Staff present were John McLaughlin and Sue Yates. PRESENTATION OF NOWX2 by Michael Cavallaro, Rogue Valley Council of Governments John McLaughlin introduced Michael Cavallaro. Cavallaro explained the NOWX2 project that he is heading I of 6 ~ 11/24/03 3:14 PM http://ashland.or.us/PrintContentView.asp?lD 1209&A... up. What brought everyone together to collaborate? The majority of the population is in a concentrated area in the county. A lot of people came in the past, a lot of people are coming now, and a lot of new people will keep coming. We need to deal with this eventuality. The Regional Problem Solving Statute allows regions to establish an issue they have regarding land use and propose solutions. The solutions may be incorporated into Comprehensive Plans even though they may not precisely follow the statewide planning goals. This region has identified some specific problems. Lack of an established mechanism for collaborative planning. Increasing loss of separation between communities as cities grow closer to one another. Relatively short-term planning horizons creating uncertainty about the direction of growth. Inter-jurisdictional hissy fits and hair pulling. Loss of important farmland. At the end of this project we hope to identify growth areas and non-growth areas. It makes more sense to look at how we will handle doubling the population versus projecting population over a period of 50 years. Cavallaro said information about the proposed plan and regional problem solving has been distributed valley-wide and a questionnaire was included. He reviewed the survey results. He showed the two Ashland areas we are looking at for growth. IVlcLaughlin said our growth area is limited and we will not cross I-5. The East Main area came from a public meeting as a logical site for urban growth. It is light on agricultural use and seemed appropriate. The area on Siskiyou and Tolman would be a way to incorporate a future growth 2 of 6 ~o 11/24/03 3:14 PM http://ashland.or.us/PrintContentView.asp?ID- 1209&A... area that can link transportation. Cavallaro said an issue discussed extensively is the idea that cities that did not want to expand their boundaries are free to do so. It appears there are enough receptor cities to take enough of the population that it would be possible for some cities not to expand a great deal. Laws wondered how much population we can accommodate in the future growth areas. Laws is concerned that as we get behind in the growth curve that the pressure on land prices will increase. Chapman asked for members of the public to speak. David Young, Medford, mentioned affordable housing. He has a five acre parcel on the edge of Ashland. Part of the parcel is in the city and the remainder in EFU zone. He would be delighted to work with the city to make this piece of land available for affordable housing. Allen Duman said if we follow what everyone wants to do, we may lose track of the rate of growth in the region as a significant factor. Is it important to pay attention to who the population is? Cavallaro noted the land within the future growth areas will be the number one priority for growth into Urban Growth Boundaries. The cities would always have to show need to bring the areas into the UGB. With regard to demographics, we are ahead of the curve in terms of the aging population. Madeline Hill made a formal request that a piece of land be added to AD1 and AD2. It is a 15-acre piece bordered by the City on one side and the freeway on the other side. She believes this is a logical growth area. It is not on a steep hillside, it has never been used for agricultural land, etc. She would like to have this piece seriously considered. Mayor DeBoer asked the size of AD:[ and AD2. McLaughlin said one is 86 acres and the other 9:[ acres. Debbie Miller asked that when working with the other groups in the valley, do we really mean to double the 3 of 6 ,3 7 11/24/03 3:14 PM http://ashland.or.us/PrintContentView.asp?lD- 1209&A... population? When you urbanize, there is commercial, transportation, etc., and always a negative affect on the agricultural lands. Class 2 and Class 3 soils can grow great things as well as Class 1. The more we can grow here for ourselves, the better off we are. She would urge the group to work with the state and other cities and regions within the state. Cavallaro agreed with the impacts of urbanization on agricultural land. They are working on a regional buffering so there are not urban/rural conflict zones. Pat Acklin worked on the process on the Citizens Advisory group. The Regional Problem Solving document discusses open space and it would be nice if that portion had some political backing. She is not sure you can solve Ashland's problem by bringing in a lot of land or by limiting land. We have the highest poverty in the valley. A portion of AD2 is the last vestige of the Dunn agricultural area. Acklin said all in all this has been a successful workable program. Chapman wondered about how infrastructure was being addressed. Do we have water to support additional population? Where are jobs coming from? Cavallaro said there is a restriction on growth because physical geography, air quality and water are restrictions. With some conservation, this valley can probably support double its population. There are a lot of issues involved that could tip that. In terms of transportation, Cavallaro said they've drawn some basic lines on a map of future transportation areas and most of the lines are improvements to existing corridors. Chapman was talking about public transportation. Cavallaro said there is some uneasiness about density and that discussion will have to occur in each jurisdiction. Mayor DeBoer supports going together as a county and getting rid of industrial inventories in Ashland. He believes we need to get rid of restricting roads through farmlands. We can restrict what happens along those roads. We have 4 of 6 ~'~ 11/24/03 3:14 PM http://ashland.or.us/PrintContentView.asp?ID- 1209&A... to clarify what agricultural land is. He thinks the question for this group is: Do you want AD1 and AD2? We are limited with water. His opinion is to not have AD1 and AD2 and work with the other communities and let them take the growth. He's not sure he would want to live in Ashland if it was twice the size it is now. He is concerned infill is becoming too much in Ashland. He does not like AD1 because a creek runs through it. AD2 might be a good place to have affordable housing. Kate Jackson asked when Ashland's population doubled. DeBoer said 1960. Cavallaro said this is an opportunity to apportion different zoning to other areas in the region. The state is more likely to move toward more flexibility. Briggs wondered about water availability. If the population is twice what we have now, how can there possibly be enough water? Cavallaro said with between ten and 20 percent water conservation, it can happen. We can't continue to use water the way we do now. Hearn asked the reason for doing such a long-range approach instead of moving out slowly and incrementally. Cavallaro said they were taking a holistic approach. Looking at land is more than looking at individual pieces. The price of land keeps rising too. Laws thought it seemed more like a process of elimination. We took away the land that was inappropriate and ended up with the land that is appropriate. Jackson noted this project has been a gradual, but positive in moving the process forward. They haven't tackled any of the more current questions that have come up. Much of the work that was done will change. In terms of potential growth areas in Ashland, she does not think that is the hard issue to face right now. As a willing partner, there will be more opportunities to trade housing density or manufactured land and make other trade-offs. Hartzell would like a study session to take a closer analysis of the maps of the proposed areas and why they were 5 of 6 37 11/24/03 3:14 PM http://ashland.or.us/PnntContentV~ew.asp. ID= 1209&A... proposed and those that were not proposed. She would like a discussion that is really focused on Ashland. Hearn agreed. ADJOURNI~IENT - Chapman adjourned the meeting at 9:00 p.m. End of Document - Back to Top 6 of 6 ~//(~) 11/24/03 3:14 PM RESOLUTION NO. A RESOLUTION REGARDING THE RECOMMENDATION OF FUTURE GROWTH AREAS FOR THE CITY OF ASHLAND AS PART OF "NOW x 2", THE BEAR CREEK VALLEY REGIONAL PROBLEM SOLVING PROCESS. RECITALS: The Greater Bear Creek Valley has been recognized by the State of Oregon as a Regional Problem Solving (RPS) area as defined and authorized by ORS 197.652, 197.654 and 197.656. The jurisdictions of Jackson County, Medford, Eagle Point, Jacksonville, Central Point, Phoenix, Talent and Ashland; local agencies RVSS (Rogue Valley Sewer Services) and MWC (Medford Water Commission); and state agencies such as DLCD (Department of Land Conservation and Development), ODOT (Oregon Department of Transportation), OECDD (Oregon Economic and Community Development Department), DEQ (Department of Environmental Quality), HCS (Housing and Community Services), ODA (Oregon Department of Agriculture), and ODF (Oregon Department of Forestry) have entered into a regional land use planning process the main purpose of which is to collaboratively identify areas of Jackson County in which future growth at urban levels of density is and is not desirable or appropriate. 3. The City of Ashland adopted the Goals and Policies for "Now x 2", the Bear Creek Regional Problem Solving Process on September 3, 2003. 4. The Goals of "Now x 2" are as follows: Goal 1. Manage future regional growth for greater public good. Goal 2. Conserve resource and open space lands for their important economic, cultural, and livability benefits. Goal 3. Recognize and emphasize the individual identity, unique features, and relative competitive advantages and disadvantages of each community within the Region. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: In recognition of the goals adopted for "Now x 2," the City of Ashland recommends that the following potential growth areas be adopted for Ashland: Growth Area AD1 Growth Area AD2 Growth Area Hill Growth Area Young Growth Area Nell Ranch This resolution was read by title only in accordance with Ashland Municipal Code Sec. 2.04.090 duly PASSED and ADOPTED this day of ,2003. G:fran~resolution~d?S policies NOW x 2 Barbara Christensen, City Recorder SIGNED and APPROVED this __ day of ,2003. Alan W. DeBoer, Mayor G:fran~resolutionLRPS policies NOW x 2 RESOLUTION NO. A RESOLUTION REGARDING THE RECOMMENDATION OF FUTURE GROWTH AREAS FOR THE CITY OF ASHLAND AS PART OF "NOW x 2", THE BEAR CREEK VALLEY REGIONAL PROBLEM SOLVING PROCESS. RECITALS: 1. The Greater Bear Creek Valley has been recognized by the State of Oregon as a Regional Problem Solving (RPS) area as defined and authorized by ORS 197.652, 197.654 and 197.656. The jurisdictions of Jackson County, Medford, Eagle Point, Jacksonville, Central Point, Phoenix, Talent and Ashland; local agencies RVSS (Rogue Valley Sewer Services) and MWC (Medford Water Commission); and state agencies such as DLCD (Depadment of Land Conservation and Development), ODOT (Oregon Department of Transportation), OECDD (Oregon Economic and Community Development Department), DEQ (Department of Environmental Quality), HCS (Housing and Community Services), ODA (Oregon Department of Agriculture), and ODF (Oregon Department of Forestry) have entered into a regional land use planning process the main purpose of which is to collaboratively identify areas of Jackson County in which future growth at urban levels of density is and is not desirable or appropriate. 3. The City of Ashland adopted the Goals and Policies for "Now x 2", the Bear Creek Regional Problem Solving Process on September 3, 2003. 4. The Goals of "Now x 2" are as follows: Goal 1. Manage future regional growth for greater public good. Goal 2. Conserve resource and open space lands for their important economic, cultural, and livability benefits. Goal 3. Recognize and emphasize the individual identity, unique features, and relative competitive advantages and disadvantages of each community within the Region. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: In recognition of the goals adopted for "Now x 2," the City of Ashland recommends that no potential growth areas be adopted for Ashland. This resolution was read by title only in accordance with Ashland Municipal Code Sec. 2.04.090 duly PASSED and ADOPTED this __ day of ,2003. Barbara Christensen, City Recorder SIGNED and APPROVED this __ day of ,2003. Paul Nolte, City Attorney Alan W. DeBoer, Mayor G:fran~resolutionhRY'S policies NOW x 2 6/.3