HomeMy WebLinkAbout2005-1115 Council Mtg Packet
CIT'r' OF
ASH I.,AN D
Important: Any citizen attending council 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
November 15, 2005
Civic Center Council Chambers
1175 E. Main Street
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. APPROVAL OF MINUTES [5 minutes}
Regular Council Meeting Minutes of November 1, 2005
V. SPECIAL PRESENTATIONS & AWARDS
1. Presentation by the Tree Commission
2. Presentation of Government Finance Officers Association's, "Distinguished Budget
Presentation Award"
VI. CONSENT AGENDA [5 minutes}
1. Minutes of Boards, Commissions, and Committees
2. Confirmation of Mayor's appointment of David Young to the Bicycle and Pedestrian
Commission for a term to expire April 30, 2008
VII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject of a
Land Use Appeal. All hearings must conclude by 9:00 p.m., be continued to a subsequent
meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC S2.04.c)40})
VIII. PUBLIC FORUM Business from the audience not included on the agenda. (Totall 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.) [15 minutes maximum}
IX. UNFINISHED BUSINESS
None
X. NEW AND MtSCELLANEOUS BUSINESS
1. Public Art Selection for McGee Memorial [20 Minutes)
2. Adoption of Findings.for Annexation, Comprehensive Plan and Zoning Map change
for an approximately 1.6 acre parcel located at 593 Crowson Road [20 Minutes)
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XI. ORDIINANCES. RESOLUTIONS AND CONTRACTS
First nsading by title only of "An Ordinance Amending the Ashland Municipal Code Relating to
Adoption of the 2004 Oregon Fire Code"
XII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
Request from Councilmember Hartzell to consider assistance to hurricane effected area
XIII. ADJOURNMENT
In compliancE! with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
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MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
November 1,2005
Civic Center Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Morrison called the meeting to order at 7:00 p.rn. in the Civic Center Council Chambers.
ROLL CALL
Councilors Hardesty, Amarotico, Hartzell, Jackson, Silbiger and Chapman were present.
APPROVAL OF MINUTES
The minutes of the Study Session of October 13,2005, Executive Session of October 18,2005 and Regular
Council Meeting of October 18, 2005 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Police Chief Mike Bianca reported on the activities of October 31, 2005. He stated that several tickets were
written for various offenses and only four individuals were arrested. Overall, it was a very good evening. It
was noted that the restrooms were locked and people resorted to using Lithia Park. Mr. Bianca stated that the
department would take this into consideration when preparing for next year.
CONSENT AGENDA
1. Minutes of Boards, Commissions, and Committees
2. Liquor License Application for Ashland Mobil
3. City Administrator Contract
The City Administrator Contract was pulled from the Agenda.
Councilor J ackson/ Amarotico m/s to approve Consent Agenda items #1 and #2. Voice Vote: all AYES.
Motion passed.
PUBLIC HEARINGS (None)
PUBLIC FORUM
Colin Swales/461 Allison Street/Stated that two planning actions will be before the Planning Commission
for reconsideration next week and requested discussion regarding the procedure for reconsidering.
Councilor Hartzell/Silbiger m/s to place item on the Agenda for discussion. Voice Vote: all AYES.
Motion passed.
Bruce Albert/1411 Ponderosa Drive/Spoke regarding panhandling in the downtown area and shared his
experience with individuals who requested money from him. Mr. Albert requested Council action on this
problem before it escalates into something more serious.
It was suggested that Mr. Albert speak to Police Chief Bianca to learn more about what the Polil;e Department
is doing to enforce restriction of panhandling.
Police Chief Bianca was called forward to share the Police Department's assessment on this issue. Mr.
Bianca reported that the department had received several complaints about this in the past few months and
explained that the City does not have an ordinance that prohibits panhandling. He stated that there are issues
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as to whether this type of ordinance would be a violation of the First Amendment, however noted that there is
a City resolution that addresses this issue. Mr. Bianca noted that some serious situations have arisen in the
past, and added that the police were ready to respond to these types of issues.
UNFINISHED BUSINESS (None)
NEW AND MISCELLANEOUS BUSINESS
1. Approval of Amendment No.2 to Congestion Mitigation and Air Quality (CMAQ) Agreement No.
21139; Ashland Street Paving Project.
City Engineer Jim Olson presented the staff report and explained that the modification of the current CMAQ
agreement would delete the construction of Walnut Street from the project scope. It was found that improving
Walnut Street to Federal Highway Administration Standards would be extremely difficult, highly disruptive
and would exceed one million dollars; therefore Staff is recommending that the agreement be :limited to the
improvement of 'c' and Eureka Streets.
Mr. Olson noted that the City's obligation of funds would be reached through System Development Charges
and stated that grant options would be considered. He also commented that the City has a project underway to
replace the sanitary sewer on Walnut, after which Staff will concentrate on improving Walnut Street.
City Attorney Mike Franell advised Councilor Hartzell that she may have a potential conflict, however she
may vote on this matter if she feels she could remain impartial. Councilor Hartzell requested permission to
abstain from voting.
Councilor Chapman/Amarotico mls to allow Councilor Hartzell to abstain from voting. Voice Vote: all
AYES.
Councilor Chapman/Jackson m/s to approve Amendment No.2 to the CMAQ Agreement No. 2113Q.
Voice Vote: all AYES. Councilor Hartzell abstained. Motion passed.
2. Quarterly Financial Report: July - September 2005.
Finance Director Lee Tuneberg presented a brief staff report on the financial position of the City relating to
cash and investments and budgetary revenues and expenditures. A Financial Narrative, SummalY of Cash and
Investments as of September 30, Combined Statement of Financial Position City Wide, Schedule of Revenues
by Fund and Schedule of Budgetary Compliance were provided to the Council for their review.
Mr. Tuneberg explained that a project for radio repeater towers was budgeted for last year but was not
completed; he added that this is being presented to the Council as a resolution to transfer appropriations
within the 2005-06 budget.
A request for additional information on revenues was made by Mayor Morrison.
Councilor Jackson/Hartzell m/s to approve the Quarterly Financial Report. V oice Vote: all AYES.
Motion passed.
3. Request for Sewer Service to Property Located Outside the City Limits at 3293 Highway 66.
City Engineer Jim Olson presented the staff report on the request for sewer service. He stated that although
the property is outside the City limits, it is within the City's urban growth boundary. Mr. Olson explained that
this property contains a residence and septic system that was constructed in 1925, and noted that it meets all
but one of the requirements for connection, which is the requirement that there be visible evidence that the
system is failing. Mr. Olson stated that there are a number of factors that make this situation problematic,
including: 1) the building is approximately 20 feet from Neil Creek, 2) the north quarter of the lot slopes
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steeply down to the creek, and 3) it is possible that if there was a leakage in the septic system, it may not be
readily apparent.
Mr. Olson explained that this lot is constrained by a house, garage, studio, water well, the existing septic
system and a drain field. In addition, there are water wells on adjacent properties that further constrain the use
or construction of a septic system. Mr. Olson noted how this property could connect to the City's sewer
system and stated that all of the construction costs would be born by the property owner. It was noted that the
property owner had received approval from ODOT to use Highway 66 right of way for placement of the
proposed sewer lateral. Staff recommends that Council consider approval of this application due to the
possibility of contamination of Neil Creek when the system fails.
Jack Johnston/3293 Highway 66/Noted the location of his property and explained that it would be better to
take care of the sewer system now before it becomes an emergency situation due to the proximity to the creek.
Council questioned how the other houses in the vicinity were being served and how many have similar
dynamics that would constrain their systems. Mr. Olson reported that the other houses are on septic systems,
but all of them sit further back from the creek than this property.
Council commented that the criteria for the existing septic system to be failing has not been met, and concern
was expressed about setting precedence if this request is granted without meeting this requirement.
Mr. Olson spoke regarding the property's constraints and stated that even with a new building sire, it would be
difficult to build a new septic system on this property given the location of the wells on the adjacent properties.
Concern was expressed about extending the City's services beyond the boundaries prematurely. City
Attorney Mike Franell clarified that granting this request could open the door to further pre-emptive requests.
The actual language of the ordinance was noted, which states "The applicant shall secure in writing...that the
existing sewage system has failed..." and emphasis was placed on the language "has failed". Comment was
made noting concerns for the environment and questioning if this request could be approved without setting
precedence.
Mr. Franell explained that the language ofthe ordinance does not allow for a lot of discretion. He noted that
the statement the applicant received from Jackson County indicates that at some point in time the system will
have to be replaced, but they have not reached that point in time yet. Mr. Franell suggested that if the Council
is wanting to look at sewer connections outside the City limits for the purpose of avoiding contamination, they
should consider an ordinance amendment that would permit this.
Councilor Silbiger/Jackson m/s to deny the Request for Sewer Service at 3293 Highway 66 based on
not meeting the requirements ofthe ordinance. Voice Vote: all AYES. Motion passed.
Mr. Johnston requested that the Council consider an amendment to the ordinance prior to a catastrophe
happening and questioned the potential liability to the City in the case of a contamination.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. First reading by title only of an Ordinance Amending the Ashland Municipal Cod,e Relating to
Rules of Procedure for Public Contracting and Personal Service Contracts.
Delayed for future Council meeting.
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2. Resolution Adopting a Supplemental Budget Establishing Appropriations within the 2005-2006
Budget.
Finance Director Lee Tuneberg presented a supplemental budget to add $190,380 in appropriations to
recognize grant revenue to be received on a reimbursement basis to build three radio repeater stations.
Councilor Amarotico/Hardesty m/s to approve Resolution #2005-41. Roll Call Voh~: Councilor
Hartzell, Hardesty, Chapman, Silbiger and Amarotico, YES. Councilor Jackson was out of the room.
Motion passed.
3. Resolution Transferring Appropriations within the 2005-2006 Budget.
Finance Director Lee Tuneberg stated that this is regarding a budget transfer of $60,726 to provide the City's
match on the project to install the three radio repeater stations.
Councilor Amarotico/Hartzell m/s to approve Resolution #2005-42. Roll Call V oh~: Councilor
Amarotico, Silbiger, Hartzell, Hardesty and Chapman, YES. Councilor Jackson was out of the room.
Motion passed.
Mr. Tuneberg commented on the Mayor's earlier request for information during the Quarterly Report
presentation. He stated that he checked the budget and the difference noted in the report was due to a
considerable amount of stock that was sold, which totaled over $120,000.
4. Resolution Requesting that the Oregon Shakespeare Festival Not Pursue Terminating its
membership Non-Profit Status, and Remain a Membership, Non-Profit Organization.
Philip Lang/758 B Street/Presented his request for the Council to consider a resolution that requests the
Oregon Shakespeare Festival (OSF) retain its membership, non-profit status. Mr. Lang commented on the
membership's right to have a say in the governance of OSF through nominating and electing its Board of
Directors and bringing forward important issues affecting the organization. He stated that OSF management
and board wants to eliminate this membership participation. Mr. Lang stated that OSF was built as an
inclusive membership organization and must be maintained this way. He stated that the people must not be
disenfranchised and encouraged the Council to pass the proposed resolution.
The possibility of drafting a letter versus a resolution was questioned. Mr. Lang stated that he would prefer a
resolution, but what was important is that they take a stand.
Jed Meese/88 Granite Street/Spoke in favor of the proposed change by OSF and shared his experience as a
past board member. Mr. Meese stated that the change in voting membership was good for the City and urged
the Council not to support the proposed resolution.
Nancy Tait/1861 Ashland Mine Road/Spoke as President of the Board for OSF. Ms. Tait explained that
Mr. Lang had requested a list of all of the festival members names and addresses (over 19,000) and stated that
this was a concern to the board because a number of its members had requested that their information not be
shared. She stated that because they are a voting membership, Oregon Law required them to provide the list;
however if they switch to a non-voting membership, they will no longer be required to share this information.
Ms. Tait noted three key points to support this change: 1) there are over 19,000 members, 87% of which do
not reside in the Rogue Valley, 2) 11 % ofOSF members have requested that their names and addresses not be
shared, and 3) less than 3% ofthe entire membership currently utilize their voting privileges. She noted that
the board is not making this decision, but are asking their members to decide.
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Ms. Tait clarified that only a member can ask for and receive the entire list. She added that this is a concern
because of the value of the list, and stated that once it is out, it would be easy for others to gain access to
member information.
Paul Nicholson/Stated that under aregon Law, if a member wishes to communicate with the entire
membership, the organization can provide the ability for that member to do so by mailing the information for
the member, which they have done in the past. Not withstanding, the member still has the right to ask for the
list.
Mr. Nicholson explained that aSF has never provided the entire membership list until it was requested by
Mr. Lang. Previously, they have allowed the ability for certain people, primarily connected with tourism or
the arts, to mail to selected zip codes, excluding those that asked for their information to not be disclosed and
excluding premier members. Mr. Nicholson explained the process of utilizing the mail house and stated that
they offered to mail Mr. Lang's materials to the membership for him, but he declined. He stated that up until
now, the membership list was confidential and the information from other sources was distributed to the
membership though the mail house.Mr. Nicholson stated that this is a matter of a member being able to
contact other members in an unwanted way and stated that this was a real fear indicated by some of the
members.
Jeff Monosoff/1861 Ashland Mine Road/Noted that he is a member of the Shakespeare Festival and
questioned a portion of the proposed resolution that states "the opportunity for member participation is a
valuable democratic tool for member and community interaction with aSF". Mr. Monosoff stated that since
not very many people vote, and most of all the people who do vote go along with the board, this change will
not have an impact. He stated that the board will continue to make decisions as it always has and does not feel
the Council should be considering this resolution. He noted that most of the membership non-profits in the
valley are non-voting, and the City continues to support them. He questioned why they would act differently
for this one organization.
Jerry Taylor/375 Alnutt Street/Stated that he is a member of the aSF Board. Mr Taylor explained that a
non-voting form of membership is the norm for major professional theaters in America and noted several non-
voting organizations that receive support from the City. He commented on a letter he received from aSF
which stated that although he requested that his private information not be shared, according to State Law
they would have to provide his information if asked. Mr. Taylor stated that 2,100 members have specifically
requested that aSF not share their names and addresses and up until this week, that has never been done. By
changing to a non-voting membership organization, aSF can guarantee that requests for privacy are honored.
Mr. Taylor stated that there are sound business reasons why it is appropriate to ask the members if they want
to continue a voting form of government and noted the work of the Board of Directors and the great care they
take in their responsibilities. Mr. Taylor stated that aSF should not be singled out and noted that once this
list is provided, they have no control over where this information ends up.
Councilor Jackson left the meeting at 8:53 p.m.
Ms. Tait clarified that when aSF approached Mr. Lang with their concerns about member privacy and
informed him that they would be sending ballots to the members and offered to include Mr. Lang's opinion in
that mailing, he declined.
Paul Copeland/462 Jennifer Street/Requested clarification of the hospital's non-profit status and their
accountability to the City. Mayor Morrison clarified that the process for selecting the Hospital Board is a
collaborative one that reflects both the input from the board and the input from the City Council. Mr.
Copeland stated that this was an example of a non-profit that is very important to the City where the City has
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some influence through the appointment of the board. He stated that he is one of the members who requested
his information not be shared, and stated that he did so because he did not want junk mail, not because he did
not want to hear from other members about issues pertaining to OSF. Mr. Copeland expressed his support for
the Council to make a statement that they care about OSF and want to continue to be involved in the
organization.
Comment was made voicing opposition to the change and suggestion was made for a letter to be sent to the
members which states the City's opposition. Statement was made questioning why the Council would get
involved in OSF's business and it was questioned what harm this resolution could have with the:lHelationship
with OSF. Comment was made clarifying that the resolution is asking the festival to drop the whole issue,
where as mailing a letter to the membership would not stop them from voting, but would provide the City's
input.
Councilor HartzelUHardesty m/s to adopt the Resolution and request that Staff work with the Oregon
Shakespeare Festival to arrange for a letter citing that resolution to be sent to the membership prior to
the vote. DISCUSSION: Comment was made voicing support for expressing to the members the City's
position on this issue.
Councilor Hartzell/Chapman m/s to amend the original motion to include the following language in
the Resolution: "Section 1: The Ashland City Council requests the Oregon Shakespeare Festival Board not
proceed with eliminating the Festival's status as a membership not profit, and if that vote goes forward, we
encourage the membership to vote to retain their voting rights.". Voice vote: all AYES.
DISCUSSION CONT: It was clarified that Staff would craft the letter citing the resolution, to be sent to the
membership. The issues of cost and timing were noted. Suggestion was made to amend the motion to state
that Staff will work with the board and send the letter out if it is likely that it will reach the members before the
vote. City Administrator Gino Grimaldi noted that the City does not have access to the membership list and
questioned what Council would like Staff to do if OSF does not agree to work with Staff. It was determined
that it would be difficult for the City to reach the membership and send out the letter if OSF does not
cooperate.
Councilor Hartzell requested that the motion be rescinded and Councilor Chapman agreed.
Councilor Hartzell/Chapman m/s to approve the Resoluton with the language modification in Section
1 to read as stated in the previous amendment to the motion. Voice Vote: Councilor Hardesty,
Chapman, Silbiger, and Hartzell, YES. Councilor Amarotico, NO. Motion passed 4-1.
5. Approval of an Engineering Services Contract for Development of the Railroad Crossing
Improvement Project No. 2005-15.
City Engineer Jim Olson explained that an engineering contract has been developed, a scope of services
defined, and a fee schedule negotiated with OBEC Consulting Engineers for the development of the Railroad
Crossing Improvement Project. The crossings located at East Main Street, Hersey & Laurel Streets, Glenn
Street, Oak Street and Walker Avenue have been selected for the improvements. The contract with OBEC
would span 3-5 years, depending on the availability of funds and the ability for the City to acquire grant
assistance. OBEC has proposed a cost of $154,316 to provide the necessary services to design and develop
these projects.
Mr. Olson stated that Ashland has nine crossing that the City is charged with maintaining and explained how
the crossings were ranked. He clarified that this project would address the five crossings that are most in need
of improvement. Mr. Olson noted that the East Main Street crossing would be improved first, fi)llowed by the
Laurel/Hersey and Glenn Street crossings and finally the Oak Street and Walker Avenue crossings. He stated
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that there is money in the budget to support the contract in its entirety as well as the East Main Street project.
He noted that the budget contains roughly $825,000 at this point and that the total project (based on
preliminary estimates) would cost approximately 3.7 million. Mr. Olson stated there is grant funding
available and that Staff will continue to look at these funding opportunities.
Mr. Olson clarified for Council that there will be an opportunity to consider a change in the intersection of A
Street between Oak Street and First Street. He also explained that CORP's only financial obligation is the
maintenance of items and stated that the City has no input into the cost of the railroad's work.
Colin Swales/461 Allison Street/Spoke as a citizen and a member of the Traffic Safety Commission. Mr.
Swales noted that the Hersey/Laurel and Oak Street crossings are both located in National Historic Districts
and stated that it would be nice to have something different and creative at these crossings. He commented on
the wigwag and suggested that it be retained or incorporated into another area of the City due to its historical
significance.
Councilor Silbiger/Hardesty m/s to approve Engineering Services Contract. Voice V ot.~: Councilor
Hardesty, Hartzell, Silbiger and Amarotico, YES. Motion passed.
Mr. Olson commented on the wigwags and clarified that these are the property of the railroad. He stated that
Staff would try to retain them, but they will likely need to be moved to another location. In regards to doing
something different in the Historic Districts, Mr. Olson noted the areas that the approved concrete panels need
to be used. He added that they could look at other materials for the areas outside of the concrete panels or
could look at different types of finished surfaces.
6. Approval of Public Contract Greater than $75,000 - QWEST Internet Bandwidth
Delayed for future Council meeting.
OTHER BUSINESS FROM COUNCIL MEMBERS
1. Discussion regarding procedure for Planning Action re-consideration.
Colin Swales/461 Allison Street/Noted that there are two reconsiderations coming before the Planning
Commission and commented on the differences between the Ashland Municipal Code and the Planning
Commission Rules in regards to reconsideration. Mr. Swales stated that the Planning Commission Rules are
fairly loose, can be easily changed, and are not made readily available to citizens or applicants. He explained
that the final decision of the Planning Commission comes 15 days after the findings are adopted, therefore
there is no final decision that can be reconsidered during the time between the vote and the 15 days after
findings are adopted. He also claimed that the way City Staff is interpreting the Planning Commission Rules
creates opportunity for unfairness. He noted that the Planning Commission Rules do not require a majority
vote of the Commission to reconsider a vote; rather the Commission Chair can call a decision forward for
reconsideration. Mr. Swales also commented on the lack on noticing of these reconsiderations by the
Planning Commission.
City Attorney Mike Franell clarified that the Planning Commission Rules come from Roberts Rules of Order
and provided an explanation of the two methods that can be used for reconsideration. In one method, the
Commission Chair can call a decision forward for reconsideration if either party convinces him/her that
essential facts were not brought to the attention of the Commission through no fault of the party. The other
method provided by Roberts Rules of Order states if one Commission member who voted in favor of the
decision moves to reconsider, and that motion is seconded, then a majority of the Planning Commission can
vote to reconsider the decision if all those who voted in favor of the action are present. If any member who
voted in favor of the action is absent, then it takes 2/3 of the members present to vote to reconsider the
decision.
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Councilor Hartzell/Hardesty mls to extend meeting until 10:30 p.m. Voice Vote: all AYES. Motion
passed.
Mr. Franell shared his belief that only one of the actions coming before the Planning Commission has
sufficient reason for reconsideration and this is due to erroneous advice that was given by the City's Legal
Department on an interpretation issue. In regards to the other decision, Mr. Franell stated that the
Commission was fully informed and a reconsideration was not warranted.
Mr. Swales questioned the appropriateness that one of the actions is going before the Historic Commission
prior to the Planning Commission's reconsideration. He expressed his concern that their input could
prejudice the Planning Commission's decision and requested that discussion ofthis project be postponed at
the Historic Commission.
Mr. Franell explained that due to the erroneous advice given by Staff, if the Planning Commission does not
reconsider, the Legal Department would encourage Council to call it up for appeal. He added that there was
no legal reason why the Historic Commission should not look at it.
Mr. Franell briefly commented on the noticing requirements and stated that in this instance, the notice
provided to the citizens was adequate.
2. Mark Anthony Historic Property, LLC M37 Claim.
City Attorney Mike Franell provided a draft denial on the Measure 37 claim from the Mark Anthony property.
He explained that a denial is being issued both on the merits on the claim and the unconstitutionality of the
Measure 37 ballot initiative. If any councilors are interested in calling this up for public hearing, they have 10
days to inform the Legal Staff. If this is not called up for a public hearing, the denial decision will become
final on November 15th.
Mr. Franell noted that due to a conflict of interest, the City Administrator had delegated the decision of this
claim to the Legal Department.
ADJOURNMENT
Meeting was adjourned at 10:25 p.m.
Barbara Christensen, City Recorder
John W. Morrison, Mayor
CITY OF
ASH LAI" D
Council Communication
Tree of the Year - 2005
Meeting Date: November 15, 2005
Department: Community Dev~ment
Contributing Departments:
Approval: Gino Grimaldi ~
Primary Staff Contact: Amy Anderson, Assistant ~
Planner, 552-2044 andersona@ashland.or.us I \
Secondary Staff Contact: Maria Harris, Senior 1\\A....\rot
Planner, 552-2045 harrism@ashland.or.us
Statement:
The Tree Commission is pleased to announce the 2005 Tree of the Year - the Big Tree / Giant
Sequoia - Sequoiadendron giganteum - located at the comer of Bush and Almond, 165 Almond
Street. This Giant Sequoia is a native to the West Coast of the United States and grows
especially well in California. The Giant Sequoia grows into one of the largest of all Sequoia's.
This imposing conifer is densely branched and gracefully pyramidal in youth. The bark is often
rich red-brown and fibrous on the surface with deep furrows and irregular ridges. The foliage
remains dark green through the seasons and some forms show a distinct bluish green cast. With
a height of at least 70-feet and a trunk diameter of approximately 6-feet, the presence ofthis tree
on the comer of Bush and Almond creates an incredible backdrop for the neighborhood.
Background:
This year marks Ashland's eighteenth Tree of the Year contest. In early October, residents
identified 13 trees for consideration, and the Ashland Tree Commission narrowed th.~ field down
to five nominees and one Honorable Mention. Residents voted late in October choosing from the
finalists. The attached ballot was published in the Ashland Daily Tidings, posted on the City's
web site, and available at City Hall, the Community Development and Public Works Building,
the Chamber of Commerce, Ashland Camera and Zoe's Cafe.
Beginning in 2003, the Tree Commission shifted the Tree of the Year contest to the fall rather
than in the spring. The purpose was twofold. First, the Tree Commission wanted to recognize
trees in fall splendor. The second objective was to space publicity efforts throughout the year so
that Tree of the Year is the focus of the fall and Arbor Week is the focus of the spring. The Tree
Commission will dedicate a plaque at the site honoring the tree next spring during annual Arbor
week events.
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CITY OF
ASHLj\.ND
Previous Tree of the Year Winners
2004 Monterey Cypress 407 Scenic
2003 Pecan Tree 762 & 774 B Street
2002 Deodar Cedars Safeway
2001 Blue Atlas Cedar 391 Liberty
2000 Ginkgo Ashland Public Library
1999 Osage Orange Helman and Orange
1998 Coast Redwood 801 Ashland
1997 American Elm 6th & B S
1996 Colorado Spruce N. Main at Maple
1995 Black Oak 128 South Laurel
1994 Sequoia SOU Library
1993 Walnut Glenwood Park
1992 California Black Oak 133 Nutley
1991 Interior Oak Beach and Ashland
1990 Monkey Puzzle Tree 1 Hillcrest
1989 Tree of Heaven at the entrance to Lithia Park on the Plaza
Council Options:
Staff recommends the announcement of the 2005 Tree of the Year winner at the November 15,
2005 City Council meeting.
Attachments:
Tree of the Year 2005 ballot
2
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I B~LLOT fo~ I
: ~SHL~ND/S F~VORITE :
I TREE OF THE YE~R 100; I
I This year marks Ashland's eighteenth Favorite Tree of the Year contest. In selecting I
I Ashland's Favorite Tree of the Year for 2005 we have the opportunity to pause and reflect I
I on all of Ashland's lovely trees and the many ways they enhance our lives. I
I The nominees for this year's Favorite Tree of the Year are:
o CAliforniA 8lAek OAk - Ouereus kelloSS11 lilt 871 HiUview Stree.: I
I This towering, multi-trunk black oak is a mature, excellent specimen of this native species, with its I
I broad, developed canopy that stretches over much of the front yard, protecting the house anel reach- I
ling out to shade the street. The tree is part of a healthy grove of black oaks that are thriving near and I
behind the house and is a textbook example of how domestic dwellings and our urban forest can be
successfully integrated. Black oak acorns are large, take two years to mature and were once an impor- I
tant food for native peoples, who also used different parts of the oak to make dyes, utensils, toys and
in other construction. The acorn is also a critical food resource for wildlife species such as bear, deer,
squirrel, gopher, and birds.
o Silver MAple - lieer 5111eehlllrinum lilt 111 Helmllln
This beautiful tree measuring 124" in diameter, located at 122 Helman Street, is a wonderful olel neigh-
borhood tree. Loved for its stature, large canopy, the shade it provides on hot summer days, outstand-
ing yellow fall color and beautiful silver shimmering leaves that whisper in the wind. This tree has been
a familiar site on Helman Street for many years and is a welcome neighbor to all who pass by.
o 8iS Tree, SierrA Re-twoo-t - SeqUoilll S1SIIInteum lilt Bush IIIn" lUmon"
Not even a bolt of lighting could lessen the most awesome sight of this majestic sequoia giganteum
firmly grounded at the corner of Bush Street and Almond Street. As you drive up Bush St. take a
breath before the end of the street because the tree's beauty will take that breath away. With a height
of at least 70' (who knows how tall it might have been had the lighting not struck its top) and a trunk
diameter of approximately 6-feet one must wonder what this tree experienced throughout its 150
year + existence!
o EnSlish WAlnut - Junslllln5 "'91111 lilt 84 qlllrfiel" Street
The 'Horizontal English Walnut' (Juglans regia) is perhaps one of Ashland's most unusual tree sur-
vivors. It could have attained a height of 100 feet with a 50 foot canopy. However, this specimen had
a severe lean for its first 50 to 60 years and one day in 1993 it crashed to the ground. The owners
had years of family memories with the tree and were reluctant to have it removed. Instead, they chose
to bury the exposed roots and let nature take its course. Today, thirteen years later, the tree remains
very much alive and continues to produce an annual crop of walnuts. It is a tree that holds family
stories, a tree that neighborhood children have enjoyed climbing for decades; it is a tree that acts as
a metaphor for the strength and resiliency humankind strives for in times of adversity.
Honorlllble Mention 100; Tree of the Yelllr - Siberillln elm lilt 'vols Coffee Iflouse
In appreciation of the many nominations, public interest and positive community support that emerged for the
Siberian elm in front of Evo's Coffee House, the Tree Commission recognizes the inspiring, young elm and des-
ignates it the winner of a Special Award - 'Honorable Mention, 2005 Tree of the Year.'
ALL BALLOTS MUST BE RECEIVED BY Wednesday, November- 2.
I Mail or deliver to: Amy Anderson, City of Ashland, Office of Community Development,
~ 51 Winburn Way, Ashland, OR 97520
:t !!!~~~!. T!,! !.~~ _O.! ~~1:~NE ~ !,!T~:l_~
$
Government Finance Officers Association
203 North LaSalle StnTt, Suite noo
Chicago, Illinois 60601- 1 210
312.977.9700 .fax: 312.977.4806
October 11, 2005
Mr. Darlow L. Tuneberg
Finance Director
City of Ashland
20 East Main Street
Ashland, OR 97520
Dear Mr. Tuneberg:
A Panel of independent reviewers has completed its examination of your budget document. We are
pleased to inform you that the panel has voted to award your budget document the Distinguished
Budget Presentation A ward for the current fiscal period. This award is the highest form of
recognition in governmental budgeting. Its attainment represents a significant achievement by your
organization.
The Distinguished Budget Presentation A ward is valid for one year. To continue your participation
in the program, it will be necessary to submit your next annual budget document to GFOA within 90
days of the proposed budget's submission to the legislature or within 90 days of the budget's final
adoption. Enclosed is an application form to facilitate a timely submission. This form should be
submitted with four copies of your budget accompanied by the appropriate fee.
Each program participant is provided with confidential comments and suggestions for possible
improvements to the budget document. Your comments are enclosed. We urge you to carefully
consider the suggestions offered by our reviewers as you prepare your next budget.
When a Distinguished Budget Presentation A ward is granted to an entity, a Certificate of
Recognition for Budget presentation is also presented to the individual or department
designated as being primarily responsible for its having achieved the award. Enclosed is
a Certificate of Recognition for Budget Preparation for:
Finance Department
Your award plaque will be mailed separately and should arrive within eight to ten weeks. Enclosed is
a camera-ready reproduction of the award for inclusion in your next budget. If you reproduce the
camera-ready in your next budget, it should be accompanied by a statement indicating continued
compliance with program criteria.
The following standardized text should be used:
\I'W\\'. g/()a. org
Mr. Darlow L. Tunebenl
October 11, 2005
Page 2
The Government Finance Officers Association of the United States and Canada
(GFOA) presented a Distinguished Budget Presentation Award to City of
Ashland, Oregon for its annual budget for the fiscal year beginning July 1, 2005.
In order to receive this award, a governmental unit must publish a budget
document that meets program criteria as a policy document, as an operations
guide, as a financial plan, and as a communications device.
This award is valid for a period of one year only. We believe our current budget
continues to conform to program requirements, and we are submitting it to GFOA
to determine its eligibility for another award.
Also enclosed is a press release.
The Government Finance Officers Association encourages you to make arrangements for
a formal presentation of the award. If you would like the award presented by a member
of your state or provincial finance officers association, we can provide the name of a
contact person for that group.
We appreciate your participation in this program and we sincerely hope that your
example will encourage others in their efforts to achieve and maintain excellence in
governmental budgeting. If we can be of further assistance, please contact the Technical
Services Center.
Sincerely,
~re4.:r~
Stephen J. Gauthier, Director
Technical Services Center
Enclosure
$
Government Finance Officers Association
203 North LaSalle Street, Suite noo
Chicago, Illinois 60601 - 1 210
312.977.9700 (ax: 312.977.4806
October 11, 2005
PRESS RELEASE
For Further Information Contact
Stephen J. Gauthier (312) 977-9700
*************************************************************************************
Chicago-- The Government Finance Officers Association ofthe United States and Canada (GFOA)
is pleased to announce that City of Ashland, Oregon has received the GFOA's Distinguished
Budget Presentation A ward for its budget.
The award represents a significant achievement by the entity. It reflects the commitment of the
governing body and staffto meeting the highest principles of governmental budgeting. In order to
receive the budget award, the entity had to satisfy nationally recognized guidelines for effective
budget presentation. These guidelines are designed to assess how well an entity's budget serves as:
. a policy document
. a financial plan
. an operations guide
. a communications device
Budget documents must be rated "proficient" in all four categories to receive the award.
When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition
for Budget Presentation is also presented to the individual or department designated as beiing
primarily responsible for its having achieved the award. This has been presented to Finance
Department.
Since the inception of the GFOA's Distinguished Budget Presentation Awards Program in 1984,
approximately 900 entities have received the A ward. A ward recipients have pioneered efforts to
improve the quality of budgeting and provide an excellent example for other governments throughout
North America.
The Government Finance Officers Association is a nonprofit professional association
serving 14,000 government finance professionals throughout North America. The
GFOA's Distinguished Budget Presentation A wards Program is the only national awards
program in governmental budgeting.
www.gfoa.org
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GOVERNMENT FINANCE OFFICERS ASSOCIATION
Distinguished
Budget Presentation
Award
PRESENTED TO
City of Ashland
Oregon
President
Executive Director
For the Fiscal Year Beginning
July 1, 2005
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MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
November 7, 2005
Civic Center Council Chambers
1175 E. Main Street
CALL TO ORDER:
Mayor Morrison called the meeting to order at 5:00 p.m. in the Civic Center Council Chambers.
ROLL CALL:
Councilors Amarotico, Jackson, Silbiger and Chapman were present. Councilor Hardesty was absent. (Councilor
Hartzell arrived at 5:45 p.m.)
1. Discussion of Watershed Proiects
Fire Chief Keith Woodley was joined by Chris Chambers, Marty Main and Linda Duffy to present the Watershed
Projects Update.
Linda Duffy with the Forest Service addressed the Ashland Watershed Protection Project (A WPP) and the Ashland
Forest Resiliency Project (AFR). She stated that the Forest Service is in the process of the manual work for the
A WPP, which involves hand-cutting, piling, and burning. Nearly 800 acres have been completed and there are 500
acres remaining. The other component that involves the cutting and removal of commercial value trees has not yet
been implemented. Ms. Duffy reported that the project is expected to be completed by 2007.
Ms. Duffy commented on a fire that occurred this summer that was caused by a lightning strike and submitted a
handout to the Council titled Agency Treatments Prevent Winburn Ridge Fire from Escalating. Ms. Duffy
explained that because the lightning struck an area that had been treated under the A WPP, the fire behaved as
predicted as was well suppressed.
Ms. Duffy provided the update on the AFR project and noted that the hazard reduction work in the watershed
would be ongoing and multi-generational. Ms. Duffy stated that under the Healthy Forest Restoration Act, the
Forest Service is working on a collaborative alternative with the City on how to treat the fuels in the watershed. It
was noted that while they are working on the manual work for the A WPP, the commercial work will not be
implemented until a decision is reached on the AFR. Ms. Duffy explained that once the City and Forest Service
have collaborated and determined the preferred alternative, the Forest Service will present the Final Environmental
Impact Statement to the Council for their review and approval. It is anticipated that the FEIS will be completed by
January 2006.
Marty Main provided the update on the Winburn Parcel and stated that they have developed a description and
prescription for activities on this parcel. Mr. Main stated that the Forest Lands Commission would be reviewing
this document and noted that there is a tour of the Winburn Parcel scheduled for Saturday, November lth. He
explained that some non-commercial work has been done to protect and promote the large diameter trees; however
they are now moving towards a more elaborative look at the entire parcel.
Chris Chambers addressed the Wildfire Fuels Reduction Program and presented a handout to 1the Council titled
Wildfire Fuels Reduction Program Summary 2001-2005. Mr. Chambers discussed the previous grants received by
the City to perform this work, however noted that they have had to ask for a redistribution of the funds from the
fuels project to administrative time so that he can continue to work on this project. Mr. Chamber stated that quite a
bit has been accomplished in the 4 years they have been working on this project and noted the acres of fuels
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managed. The two challenges of this project were noted as: 1) Getting participation from more owners for home
safety inspections, and 2) Maintenance of vegetation over time.
2. Discussion of Charter Committee Recommendations
It was noted that a number of the Charter Review Committee members were present to address Council questions.
Mayor Morrison acknowledged the work of the Committee and voiced support for using them as a resource. He
also reminded the Council that there are two parts to this decision process. One part is regarding the substance of
the recommendations; the other is to determine the form and process in which to provide the recommendations to
the voters.
Management Analyst Ann Seltzer invited the Charter Review Committee members to come forward and she
provided a brief overview of the Council's prior actions. She noted that at their October Study Session, Council
decided to delay discussion of these recommendations until tonight's meeting. At that meeting Council also
requested information on the costs for Mr. Spons1or to prepare two drafts of the charter. Ms. Seltzer reported that it
would take Mr. Sponslor 10 hours to prepare each draft and would cost $3,600. She added that there is $5,000
allocated for these services in the budget.
Council discussed whether to follow the Model Charter format. John Enders, Chair of the Charter Review
Committee, noted that the Committee had unanimously decided to use the format of the Model Charter and
suggested that the Council start with the model. Council voiced support for using the Model Charter, but questioned
whether the recommendations of the Committee should be included. Support was voiced for "cleaning-up" the
Ashland Charter and putting it in the Model Charter format, but omitting the substantive recommendations of the
Committee. The Council could then place those substantive recommendations to the voters individually. Mr.
Enders commented on public awareness and urged the Council to take a strong position on each change, warning
that otherwise the citizens might not vote to change anything.
Suggestion was made for the Council to begin discussing the individual recommendations. Ms. Seltzer stated that
there are three recommendations that directly affect the City's form of government and those are recommendations
# 1, #2 and #4. She noted that many of the remaining recommendations are regarding items that are superseded by
state law.
It was questioned if the Council should provide some direction to Mr. Sponslor at this time. Charter Review
Committee Co-Chair Carole Wheeldon recommended that the Council immerse themselves in the discussion before
having the consultant prepare the drafts. Council voiced their opinions and agreed to postpone providing direction
to Mr. Sponslor and to begin discussion ofthe recommendations.
Council began their discussion of key recommendation #1, which states "The City of Ashland should be governed
by a partnership between the elected mayor (the political leader), a city manager (the administrative leader), and
the council (the legislative body). Elected officials are charged with responsibility for developing policy; the city
manager should implement that policy. The manager's administrative powers should be expanded to include staff
supervision (hiring, firing, and general accountability).
The Charter Review Committee stated that they spent substantial time discussing this issue and provided an
explanation of why they recommended this change. They shared their concerns with the existing system and stated
that the city manager should be the one responsible for hiring and firing of department heads, not the Mayor.
Testimony from prior City Administrator Brian Almquist and Councilor Don Laws was noted, both of whom had
cited instances where the current system had been abused. The Committee noted that they also gathered testimony
from many former mayors and administrators and all but one recommended this change. It was noted that there
was a lot of community interest in this issue and statement was made that it would be a mistake for the Council to
not put this to the voters.
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Council shared their thoughts on this recommendation. Comment was made that there is potential for abuse in both
forms of structure. Council requested clarification on what would make a "strong mayor" position. The
Committee stated that the mayor would be given the powers to be the true political head of the City. He/she would
still be chosen by the voters and would retain the responsibility for appointing committee and commission
members. It was noted that a complete list of the proposed duties of the mayor is listed in the Committee's Report
in Appendix 3, Item C.
Council continued discussion of who should be responsible for hiring and firing. Comment was made noting the
political pressure placed on department heads when they are appointed by the mayor and that it lends itself to a
more professional organization when department heads are appointed by the city manager. Support was voiced for
the hiring and firing responsibilities to lie with the city manager, and statement was made that ifthe city manager is
responsible for the employees, they need to be the one who hires or fires them. Concern was expressed that if the
department heads do not look at the council as people of authority, they may not be as responsive to the council.
Councilor Jackson and Councilor Hartzell left the meeting at approximately 6:30 p.m. The Mayor and the
remaining councilors agreed to extend the Study Session to 7:00 p.m.
Council questioned whether the mayor should be a voting member of the Council and whether the mayor should
have veto powers. Charter Review Committee members explained that the intent of this recommendation was to
empower the mayor. Committee member Laurie MacGraw provided an explanation of both sides of this issue. She
stated that some believe that the veto is a powerful way for the mayor to make a statement; others feel that it is
much more powerful for the mayor to be able to vote and for the citizens to know their position on each issue.
Comment was made that the mayor not voting helps the council meetings run better. Mayor Morrison shared his
opinion that the mayor should not vote. He stated that there are times when a mayor wishes to make a strong
statement; however votes are not necessarily the best way to state ones position. He noted that the mayor always
has the option to speak out and voiced support for the current system.
It was noted that the Council needs to determine whether there is credibility to place this recommendation before
the voters. Statement was made supporting the placement of all of the substantive recommendations to the voters.
Ms. Wheeldon shared her belief that government and resources should be used as effectively as possible and if this
means a more professional administration, than she is all for it.
City Administrator Gino Grimaldi asked the Council how they would like to proceed. He noted that if they
continue at this pace with short study sessions, the discussions will stretch out for a long time. He suggested that
the Council consider scheduling a special session from 7:00 p.m. to 10:30 p.m. in order to get through all of the
recommendations and provide guidance on each.
Support was voiced for Mr. Grimaldi's suggestion and Council agreed to meet for a 3.5 hour special meeting. The
Charter Review Committee was invited to attend and suggestion was made for Staff to check with the absent
councilors.
ADJOURNMENT
Meeting adjourned at 6:57 p.m.
Respectfillly submitted,
April Lucas, Assistant to City Recorder
AFN OPTIONS COMMITTEE MEETING
OCTOBER 24,2005 - PAGE 1 OF 4
CITY ()F
ASHLA~ND
AFN Options Committee Meeting
Draft Minutes
October 24, 2005, 7:30am
Siskiyou room, CDES Building, 51 Winburn Way
CALL TO ORDER
Michael Donovan called the AFN Options Committee meeting to order at 7:33 am on
October 24,2005 in the Siskiyou Room of the CDES Building, 51 Winburn Way
Ashland, Oregon.
ROLL CALL
Committee members Barth, Collins, Donovan, Mace, Mackin, and Shultz were present.
Councilor Russ Silbiger was present.
STAFF PRESENT: GINO GRIMALDI, CITY ADMINISTRATOR
LEE TUNEBERG, ADMINISTRATIVE SERVICES AND FINANCE
DIRECTOR
MICHAEL AINSWORTH, CABLE TV MANAGER
CINDY HANKS, PROJECT MANAGER
BRYN MORRISON, ADMINISTRATIVE ASSISTANT
REVIEW COMMITTEE MINUTES
Approval of minutes dated October 17, 2005
Mace/Mackin ms to approve minutes as presented. All Ayes.
COMMITTEE WORK SESSION
The Committee discussed the charge directed to them by Council. They would like to
put their energies into the most viable options that Council should review. The
Committee discussed that they should narrow the previous eight options down from the
last meeting. It was discussed that Council should be presented with the options not
chosen as well with the rationale as to why they were not chosen as a viable option.
Councilor Russ Silbiger specifically pointed to the option of Keep/Enhance and that it
should be shown why if it is not chosen by the Committee as an option for Council.
The Committee discussed assignments that they had worked on. Paul Collins, Rick
Barth, Lee Tuneberg, and Richard Holbo met and discussed the Common Carrier
option. Paul Collins and Rick Barth addressed the Committee on their assignment.
They gave the goal of the common carrier was to create a local competitive market for
AFN OPTIONS COMMITTEE MEETING
OCTOBER 24,2005 - PAGE 2 OF 4
services delivered over the AFN local distribution network. They added that citizens
would retain ownership of AFN while services are owned by private enterprise. There
would still be other networks so it would not mean that the City is the only player. They
added that the keys still need to be the services. ISP's and Video are the biggE~r
questions and what channels would the provider want to offer. They added thalt there
has to be the motivation to do this option and the City would need to look at th'e
competition, the costs that may increase as a result, and the possibility of a monopoly
being created. They were not able to find a success comp for this option. The :short term
upside for this option is that the City would not have to put any money out, and the long
term upside is that it would avoid inviting a monopoly to the City.
The Committee discussed that the option is financially unstable and the revenue
potential would be risky.
The Committee discussed that if the City were to choose the Enhance option, the
Common Carrier could be the path that they could chose for AFN. The Committee
discussed that the options are not all risk free and the need to develop a different
product and community support. Staff asked the Committee if further detailed research
was needed for this option. The Committee chose to place this option as a fall back
option and not as one of their first choices for their report to Council so no further
research was needed.
The Committee discussed the Keep and Enhance AFN option. Paul Mace, Committee
member spoke to the research done. See attached. He pointed to the change, debt,
financial differences, revenue opportunities, and the annual and future impact on the
City and community finances. This option still leaves the City the debt service
payments. This option assumes that for success, the new director would have to create
more revenue. The liabilities would not change. The Committee asked staff for the
savings to the community for AFN customers for lower rates and Charter customers.
The Committee added that these figures are important to present to Council. Staff will
provide.
The positive and negative financial impacts on the community to this option were
discussed. The Council would have to allow the new director to do what was needed
and make decisions in a business like manner. The Committee questioned if results
would be different if the director was not required to submit everything to Council and
subject to government entity requirements. The Committee discussed that the operation
of this option would be difficult.
The Committee discussed the Spin Off option. Mr. Mace spoke to his research and
handout provided. See attached. He pointed to the lower than market rate the City is
proposing to hire the new director at and cautioned that the City would get what they
pay for. Mr. Tuneberg spoke to the internal charges. The total budgeted for 2006 is
$549,000 and Central Services is $486,000 of that. Mr. Mace asked Mr. Tuneloerg for a
breakout of the Central Service charges. Staff will provide. The $2.6 million fi!~ure as a
total was correct, excluding the debt service.
AFN OPTIONS COMMITTEE MEETING
OCTOBER 24,2005 - PAGE 3 OF 4
Regarding the Keep and Enhance option, Mr. Mace asked staff if the City would be
prepared to allow the new AFN director to make decision on services in association on
internal charges and if the new director would be able to approve contracts. Gilno
Grimaldi, City Administrator responded that the director would not. Mr. Tuneberg added
that they will provide a comparison on cost if the entity went out and bought those
services.
Mr. Grimaldi asked for an evaluation on enhancement options. Mr. Mace responded
that they could generate wonderful things that they could do, but could not point to
anyone making money doing those things now. Mr. Grimaldi suggested lookin!~ at the
industry and what is reasonable for penetration to understand the upside potential for
business. Mr. Mace responded that Council is not in the position to debate on what kind
of services would make AFN valuable to the community and that should be up to the
director.
The Committee discussed options that will be eliminated. The only options left were Sell
and Spin off. See attached. The Committee discussed that they don't see how AFN will
be managed in Keep and Enhance, and Status quo and that was why they eliminated
those options. The Committee discussed positives and negatives of the Lease option
and that they see it as a fall back option.
The Committee discussed the Spin Off option and the board of directors that should be
chosen. The splitting apart of the construction and operation costs was discussed. It
was discussed to split the $9 and 6.5 million and that the new entity should be given
$700,000-$800,000 in initial capital and be responsible for paying it back. Then the City
would assume that $9 million was a gift to the community. Mr. Mace stressed the
community support that would be needed for this option. The contract should include
that failure to meet the financial requirements would reverse the assets and control back
to the City.
Kevin Shultz and Don Mackin reported on their meeting with Gino Grimaldi on the Sell
option. They met with a perspective purchaser of AFN and will have discussions with
other interested parties soon. Their recommendation was if the City received em offer in
the higher amount of the range specified in previous meetings, they should enter into a
sale quickly. They did not receive specific number from the company, but the company
did agree with the valuation range. They cautioned if the City pursues the Spin Off
option first, they might lose leverage with buyers.
The Committee discussed that the City should set in motion the process to establish the
legal ground work to establish a board of directors for a non profit entity that would be
interested in AFN. They should charge staff to enter into open negotiations for a sale as
well and Council would have to choose which option to accept. The Committee
discussed urging the Council to begin both processes simultaneously showingl that they
are prepared to make a decision.
AFN OPTIONS COMMITTEE MEETING
OCTOBER 24, 2005 - PAGE 4 OF 4
Members of the Committee will prepare a comparison matrix and narratives on both
options. The Committee will meet again on Thursday, October 27 at 7:30 am. Kevin
Shultz, Paul Collins, and Paul Mace will work together to develop the report that will go
to Council. The Committee discussed with staff possibly presenting the report to
Council on November 1 st. Due to time requirements for the packet, they will dE~fer until
November 15th to allow enough time for the report to be in the packet. The Committee
decided to meet the week before the 15th to review all documents that will be presented
to Council. Chairman Michael Donovan would like to defer commenting to the press
until the following week and will be the representative from the Committee that will
speak to the press.
NEXT MEETING(S)
Next scheduled meeting October 27,2005 at 7:30 am
ADJOURNMENT
The meeting was adjourned at 9:40 am.
Respectfully Submitted,
Bryn Morrison
Administrative Assistant
Administrative Services and Finance Department
Keep and enhance AFN
The Change:
The City will retain AFN as a city department and will hire a new director who
reports to the City Manager.
The Debt:
The City will continue to pay principal and interest on the $15.5M debt ove:r the
next 15 years.
The Financial Differences:
Expenses Public Enhanced Public Savings
(loss)
Programming 800,000 800,000 0
Personnel
Mgmt 260,000 260,000 0
Tech Staff 400,000 400,000 0
Marketing & 210,000 210,000 0
Promotion
Central Services 467,000 467,000
Other 463,000 463,000 0
Total 2,600,000 2,600,000 0
Debt service 1,400,000 1,400,000 0
Total Expenses 5,000,000 5,000,000
Total Revenue 2,600,000 2,600,000
Net Operating (1,400,000) (1,400,000)
Profit (loss)
Net Annual cost to the City ofthis option: $15,500,000 plus interest OYler 15
years.
Total Annual Savings: $0
Programming: none. The cost of programming scales with the subscriber base.
Personnel: Hire a new director below market rate (currently proposed as $80 +
benefits). Ashland city employees, covered by PERS, are typically caIculatl~d at
salary plus 45-50%.
Marketing and promotion: depends upon Direction from Council and City
Manager with advice of new director.
Central Services: no immediate change. In time, increases as revenue scales.
Revenue opportunities:
A number of revenue opportunities have been identified in the past. The most
significant, outlined in the Navigant study, was a potential for $305,000 in
additional revenues from retail ISP services. $100,000 is a more reasonabh~
number. There is also an indication that comparable municipal services, such as
that of Spanish Fork, Utah, can achieve 65% market penetration for cable. This
could represent an additional $150,000 in gross revenue for the new entity. A
more conservative estimate would be that existing revenue per customer could
slowly rise towards a better number.
However, there can be no assurance that these and other opportunities will be
quickly converted to improved revenues, or will result in increased positivt~ cash
flow in the near term.
Annual Impact of change on City of Ashland finances:
($1,400,000) debt service plus continued general obligation to cover any shortfall
III revenue.
Operating expenses: no savings. Rate increases scheduled for January will
eliminate at least some, and perhaps all of the projected operating shortfall in
2005-06 while still leaving subscriber prices below valley and national averages
in all but the premium tier.
Central Services: City obligation scales with AFN revenue.
Other City Services: negligible savings
IN all three of these categories, AFN already pays for any city services it
consumes, such as use of electrical department personnel for maintenance
or repair. In theory, there could an increase in City staff who currently
serve in support AFN, if it grows.
Debt Service:
The $15.5M bonded debt to be repaid with interest over 15 years.
Future Liabilities:
Should the new entity fail to meet expenses, the City will make up the diffe:rence
from the general fund or other fees.
Other Financial Impacts on the community:
Positive:
· Because competition with Charter and others will be assured,
community members can expect Ashland rates will remain below
those charged other subscribers in the Rgue Valley. This has already
resulted in $N.O Million dollars in savings to AFN subscribers over
the last 6 years and $N.O savings to Ashland citizens who subscribe to
charter.
· Assuming the new entity adopts the new rate scheme, Ashland
subscribers will continue to pay $N.OM less than subscribers outside
the city limits.
Negative:
· AFN will remain subject to public meetings laws, public procurement
and public process in general, severely constraining its competitive
edge and increasing costs.
· The new AFN director will become part of a management environment
geared towards stewardship and maintenance, not competition and cost
control.
. As a public official, the new director may be constrained in their role
of speaking as advocate of AFN's mission.
. AFN will, by its nature, continue to consume disproportionately large
amounts of attention from Council and Staff, relative to its size and
budget.
· If AFN chooses to compete with local ISPs by offering internet
services, indications are one of the seven local ISPs, employing three
people, may become untenable.
. Based on the past rate differential, the under-market pricing for
Charter subscribers in Ashland may come to an end. There is no
telling what Charter will do. And there is no guarantee that AFN will
not have raise rates.
Other Benefits:
The community will remain a competitive market for telecommunications.
Retention of a single-billing relationship with City Utilities will enhance
subscriber acquisition and churn
Other Risks:
· Debate, or lack thereof, about its AFN's very existence will remain a
political issue for years to come. Citizens who object in principle will
always, rightly, be able to make an issue of AFN, negatively impacting
public perception and AFN's fortunes.
. The new entity may fail to grow revenue faster than expenses,
presenting budgetary challenges and eroding political support.
. Charter may react in ways that leverage its deep pockets, affecting
churn or attainment of subscriber growth targets.
. Charter may be sold to a more effective competitor.
. Other competitors may emerge, constraining profitability as weill as
growth.
Spin-off AFN to Non-profit Corporation
The Change:
The City will create a not-for profit entity for providing telecommunications
services for the Ashland Community as a public service. This new entity will
have the city as a sole member, similar to the Community Hospital, with a board
initially appointed by the Mayor and approved by the Council, but in succeeding
years being self-perpetuating to prevent disruption and loss of focus. The board
will hire a CEO and oversee performance.
The Board and the CEO will be charged with leveraging the unique strategic
marketing advantages of this entity: that decisions regarding programming and
services remain under local control, guided by a public service motivation, not
shareholder profit.
The new entity will provide an annual report to the Mayor and Council outllining
its performance in achieving its mission and the outlook for the year to come.
The Debt:
The new entity will assume the $6.5M of debt that resulted from operational
expenses and initial debt payment. The city will include the $725,000 borrowed
for initial debt service payment in the assets it transfers to the new entity, to
provide adequate startup capital.
The City will contribute the $9.0M in capital assets and construction costs to the
new entity.
The city will continue to assume responsibility for the annual bond payments of
approximately $lAM.
The new entity will assume responsibility for annual interest payments on the
$6.5M and will retire the principal within 20 years.
The new entity will be required to maintain certain financial and service
standards, failing which the assets shall revert to the city or to another agreed
upon operating entity.
The Financial Differences:
Expenses Public Private Non-Profit Savings
(loss)
Programming 800,000 800,000 0
Personnel
Mgmt 260,000 160,000 100,000
Tech Staff 400,000 400,000 0
Marketing & 210,000 200,000 10,000
Promotion
Central Services --
Rent 50,000
Legal 45,000
Accounting 30,000
Misc. 75,000
467,000 200,000 267,000
Other 463,000 509,000 (46,000)
Total 2,600,000 2,270,000 326,000
Debt service 1,400,000 325,000 1,075,000
Total Expenses 5,000,000 2,595,000
Total Revenue 2,600,000 2,600,000
Net Operating (1,400,000) 5000
Profit (loss)
Net Annual cost to the City of this option: $9,000,000 plus interest over 15
years.
Total Annual Savings for the new entity, attributable to being non-public,
under new management, with the City contributing capital assets:
$(2,405,000) allowing it to become break-even at current level of operations.
Programming: none. The cost of programming scales with the subscriber base.
Personnel: save $100,000. Hire a new CEO at market rate ($90-120K + be:nefits,
depending upon experience). Outsource marketing. Make technical director full-
time. Assuming current technical personnel can be induced to move from city to
private entity, continuing PERS coverage may be required. (A fully-burdened
private employee is typically calculated at salary plus 25-35%, where Ashland
city employees, covered by PERS, are typically calculated at salary plus 45-50%.)
Marketing and promotion: save $10,000. Outsource marketing and re-direc:t focus
towards strategic competitive advantage: community service. There may bc~ a
much larger savings here, depending upon tactics adopted by the new
management.
Central Services: save $267,000. Rent public storefront, pay some fee for use of
city facilities. Retain legal counsel with telecom background. Outsource
accounting and payroll. Mise: assume unknown operational and administrative
costs in first year.
Other: spend $(37,000) Assumes spin-off is no better or worse than AFN at
managing other operational costs, but that there are some additional operating
costs in first year associated with setup of new entity.
Revenue opportunities:
A number of revenue opportunities have been identified in the past. The most
significant, outlined in the Navigant study, was a potential for $305,000 in
additional revenues from retail ISP services. $100,000 is a more reasonabll~
number. There is also an indication that comparable municipal services, such as
that of Spanish Fork, Utah, can achieve 65% market penetration for cable. This
could represent an additional $150,000 in gross revenue for the new entity. A
more conservative estimate would be that existing revenue per customer could
slowly rise towards a better number.
However, there can be no assurance that these and other opportunities will be
quickly converted to improved revenues, or will result in increased positive: cash
flow in the near term.
This plan must make sense based upon current revenues and expenses with
significant incremental growth achieved over the next 3-5 years.
Annual Impact of change on City of Ashland finances:
($1,075,000) continued obligations ($400,000 in the first year, rising to
$1,075,000).
Operating expenses: none. Rate increases scheduled for January will eliminate at
least some, and perhaps all of the projected operating shortfall in 2005-06 while
still leaving subscriber prices below valley and national averages in all but the
premium tier.
Central Services: negligible savings.
Other City Services: negligible savings
IN all three of these categories, AFN already pays for any city services it
consumes, such as use of electrical department personnel for maintenanc~
or repair. In theory, there could be reduction in City staff who currently
serve in support AFN, but it is doubtful that will happen. These people
will, according to staff, "be redirected to other purposes".
Debt Service:
The $9.0M capital cost of AFN should be contributed by the city to the
new entity, much as it contributed the hospital's assets to the Community
Hospital.
The $6,500,000 of bonded operating expenses, including the $725,000
initial debt payment, which was also bonded as part of the $15.5M AFN
debt, should be considered an obligation of the new entity. That $725,000
borrowed against the first bond payment should be contributed to the new
entity as initial capitalization, to be repaid as follows.
It should be responsible for annual interest payments to the city at an
agreed upon rate, with principal to be retired within twenty years. At a 5%
annual rate, that would mean a minimum contribution of $325,000. It also
implies that Payments on the $1,400,000 annual bond payment will remain
a City responsibility for the next 15 years, unless that debt is retired
sooner.
The net of those two figures is $1,075,000, which the city will have to
make up from other revenue sources.
On or before the twentieth anniversary of the agreement, the new entity
will repay $6.5M in principal.
Solvency requirements:
The agreement, similar to the one between the City and the Community Hospital,
should provide a clear mission statement and fiscal requirements. Failure to meet
these requirements should, at the option of the City, trigger reversion of assets and
control to the city, or transfer of control to a new entity agreeable to the City.
Historically, such agreements would allow the City to resume control before
potential obligations become unduly burdensome.
Future Liabilities:
Should the new entity fail to meet its solvency requirements or debt payments, all
assets and obligations revert to the City.
Other Financial Impacts on the community:
Positive:
1 Because competition with Charter and others will be assured, community
members can expect Ashland rates will remain below those charged other
subscribers in the rogue valley. This has already resulted in $N.O Million
dollars in savings to AFN subscribers over the last 6 years and $N.O
savings to Ashland citizens who subscribe to charter.
2 Assuming the new entity adopts the new rate scheme, Ashland
subscribers will continue to pay $N .OM less than subscribers outside the
city limits.
Negative:
1 [fthe new entity chooses to compete with local ISPs by offering int,ernet
services, indications are one of the seven local ISPs, employing three
people, may become untenable.
2 Based on the past rate differential, the under-market pricing for Charter
subscribers in Ashland may come to an end. There is not telling what
Charter will do. And there is no guarantee that the new entity will not
raise rates.
Other Benefits:
The community will remain a competitive market for telecommunications.
Separation from city will allow streamlined decision-making, leading to more
effective competitive edge.
Removal of decision making from immediate public scrutiny will give new
competitive advantage.
Other Risks:
Loss of single-billing relationship with City Utilities may impact subscribe:r
acquisition and churn.
The new entity may fail to enlist sufficient Community support.
Charter may react in ways that leverage its deep pockets, affecting churn or
attainment of subscriber growth targets.
Charter may be sold to a more effective competitor.
Other competitors may emerge, constraining profitability as well as growth.
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AFN OPTIONS COMMITTEE MEETING
OCTOBER 27,2005 - PAGE 1 OF 5
CITY C.f
ASHLA.ND
AFN Options Committee Meeting
Draft Minutes
October 27,2005, 7:30am
Siskiyou room, CDES Building, 51 Winburn Way
CALL TO ORDER
Michael Donovan called the AFN Options Committee meeting to order at 7:33 am on
October 27,2005 in the Siskiyou Room of the CDES Building, 51 Winburn Way
Ashland, Oregon.
ROLL CALL
Committee members Barth, Collins, Donovan, Mace, Mackin, and Shultz were present.
Councilor Russ Silbiger was present.
STAFF PRESENT: GINO GRIMALDI, CITY ADMINISTRATOR
lEE TUNEBERG, ADMINISTRATIVE SERVICES AND FINANCE
DIRECTOR
RICHARD HOlBO, TELECOMMUNICATIONS ENGINEER
CINDY HANKS, PROJECT MANAGER
BRYN MORRISON, ADMINISTRATIVE ASSISTANT
REVIEW COMMITTEE MINUTES
Approval of minutes dated October 24,2005
Rick Barth, Committee member amended page 2 paragraph 2, that they had not yet
identified success comps. On page 2, paragraph 3, amended to none of the options are
risk free.
Mr. Barth would like the record to include: The straight forward technology projection for
television indicates that it will change from a fixed menu fixed schedule technology
(think channel 5 at7 o'clock) to a technology where you can watch whatever you want,
whenever you want, however you want (think visiting Yahoo, selecting a movie, and
playing it on a computer or HDTV). This television delivery shift, particularly combined
with the advent of HDTV, will drive the need for local distribution bandwidth beyond the
reach of satellite and terrestrial RF distribution technology. This will leave only hard
wired local distribution technologies with their natural monopoly characteristics.
There is no guarantee that the straight forward projection will actually occur. It is
theoretically possible for the requisite bandwidth to be delivered via some tYPE~ of
AFN OPTIONS COMMITTEE MEETING
OCTOBER 27,2005 - PAGE 2 OF 5
terrestrial RF distribution technology. However, there is no indication that the fE~deral
government will allocate the necessary spectrum. No products to support such a
distribution method have been observed being discussed in the press. Should such RF
distribution technology became available there is no guarantee that sufficient spectrum
will be allocated at reasonable prices such that a truly competitive marketplace! will be
formed.
If the straight forward projection does occur then the value of the AFN network will rise
dramatically. No competitor has a distribution network in place that can immediately
deliver as much bandwidth as AFN. AFN can also be incrementally improved to deliver
significantly greater bandwidth at far lower cost than any other competitor. It would be
truly unfortunate if Ashland citizens were to eliminate their current high quality service
as well as their defense against future monopolistic behavior because they are! too
impatient to see an immediate return on their investment, whether willing or not.
If one does not accept the straight forward projection, but instead believes that
somehow the needed services will be delivered in a truly competitive environment, then
it seems clear that AFN should be sold.
Mackin/Collins ms approval as amended. All Ayes.
COMMITTEE WORK SESSION
Kevin Shultz and Paul Collins presented a draft report of what the Committee will submit
to Council. Mr. Collins proposed to remove the sentence at the top of page four that
begins "Moreover, although we were intrigued..." and add the sentence on thl3 next
paragraph that begins with "Another option which emerge.." that is underlined.
Mr. Barth clarified previous documents presented. The term of the $15.5 million bond is
20 years, not 15 and the hospital board is not a self perpetuating board. It is presumed,
in the spin off option that the principal will be paid over some undefined time period and
would set up an entity for failure if the City does not establish a time period. He
encouraged the Committee to discuss this. He asked that the spreadsheet from October
24,2005 at the end of the packet be stricken from the record.
Kevin Shultz, Committee member mentioned that the numbers that were put together
for the spin off and maintain and enhance documents could be added as addendums to
this report. His approach to the report was to remove the options that were not viable:
immediate shut down, common carrier, and status quo. The financial aspects of the
common carrier were too unknown and therefore an assessment could not be done. He
did include the maintain and enhance option even though the Committee had decided
that it was not an option that they would recommend, but they needed to state why that
was not a viable option.
He included that common carrier in the spin off option would be up to the new director to
evaluate. They were strong on recommendations on what not to do, and willlE~ave up to
the Council to pursue sale option or spin off. The Committee questioned if the reference
AFN OPTIONS COMMITTEE MEETING
OCTOBER 27,2005 - PAGE 3 OF 5
to keep and enhance as not a viable option in the report, was adequate for Council.
Gino Grimaldi, City Administrator suggested discussing continuing the subsidy and
benefits to the community in maintain and enhance section and that there may be a way
to reduce subsidy. A discussion about the financial benefits of the City becoming its own
ISP should also be included. The potential for going out of city limits should be
discussed in maintain and enhance. Councilor Russ Silbiger stated that Council
approved AFN to be sold outside the City limits. Mr. Grimaldi responded that staff would
need to explore that possibility. Paul Mace, Committee member added that they can list
all kinds of opportunities but can they do something in current conditions that is
economically viable.
Mr. Collins spoke to the layout of the report. At a previous meeting, the Committee
decided to put the common carrier option as something they could look at later, but he
thought it should continue to exist as a separate possible option. Mr. Collins proposed to
the Committee to retain common carrier as an option to consider along with the spin off
option. It is helpful to keep in the report to take to Council but it needs further
investigation. He proposed to change the report to show that common carrier needs
further study.
The Committee discussed with staff if further research of figures would be necl~ssary.
Lee Tuneberg, Administrative Services and Finance Director responded that they may
be able to show indicators, but they don't have any hard numbers that could be put in
and projections done on. The question is what revenues could be generated. They
could look at operating expenses as they know it. They would have to qualify figures on
assumptions. The Committee discussed that it was unsure if they wanted the common
carrier option of the spin off to be run by the City. They discussed that they did not want
to continue to broaden the options and needed to focus on the two stated options to
make a clear and obvious course of action. Public interest would not be best slerved by
continued debate over the options. Mr. Mace added that he believed this could result in
negative cash flow and the City would still need to hire someone to manage. The spin
off option is a transition plan that can remain cash flow positive. He doesn't think that
they can come up with believable numbers without comparisons. Mr. Mackin agreed
that this doesn't warrant equal standing to the sale and spin off options. It should be
mentioned conceptually as an option for keep and enhance as a positive. Mr. Shultz
added that there is the point under the spin off option that the CEO and board could
include common carrier and they could include that under maintain and enhance.
Councilor Silbiger added that they need to include some sort of financial analysis to go
with it. The expenses would still exist, and provides significant negative cash fllow. Mr.
Barth added that the common carrier is a sub option of keep and enhance and spin off.
He stated that the Committee had not address how it would get managed and what the
City would do about the debt. The Committee decided to not continue with common
carrier as separate option, it will keep it as a hybrid under maintain and enhance and
spin off options. The Committee decided that continuing to investigate financiall figures
should not hold up the report. They can continue to look at it after the report is done.
AFN OPTIONS COMMITTEE MEETING
OCTOBER 27,2005 - PAGE 4 OF 5
The Committee spoke to the article on Charter seeking buyers for cable assets. The
Committee discussed that the City underestimates the number of customers AFN has.
The City has 3,785 customers. It may be that the City has more customers than
Charter. The point is that the publication points to the $5-$10 million range in common
publications and there is support for the high end. Richard Holbo, Telecommunications
Engineer added that price is for a monopoly, there is not competition in that mclrket, and
they would purchase all available customers for cable TV.
The committee made changes to report. It was decided that further detail was needed in
the conclusion paragraph.
The Committee discussed if the City has legal limitations on partnerships they can enter
into. Mr. Holbo responded that if they spend any money, they would have to go out to a
competitive process RFP according to State purchasing regulations. Mr. Grimalldi
suggested asking how we would do it, not if we could and this is an obstacle that may
be removed.
The Committee discussed that the table on page 3 will be revised into a matrix.
The Committee discussed the first bullet of the maintain and enhance option. Mr.
Grimaldi suggested identifying what could be done to resolve the problems. Mr. Collins
responded that when they met with the Programming Committee, it was unclear to the
Committee how and what decisions were made. No one was in agreement. There were
communication and management issues. It is challenging to fix. Mr. Grimaldi n~sponded
that it needs to be said but also to describe a resolution for the problem. Mr. Biarth
added that he does not want report to say that the committee has identified all of the
organizational issues and given solutions to them. Councilor Silbiger thought that
statement was why AFN had not been successful. Mr. Mace added that in summary that
instituting organizational changes of this kind is time consuming, expensive and not
always successful. Mr. Grimaldi responded that would have to be weighed against the
risk of doing a spin off.
The control aspect was discussed and if the City would give up control of AFN while
stilling assuming the risk. Mr. Grimaldi suggested the Committee more clearly specify
those points. Mr. Holbo responded that the management would have to take less
concern about individual personality issues. Mr. Mackin gave an example and spoke to
AFN not offering bundled discounts. The City system does not have the capabilities to
provide the separation for number of customers of cable TV, cable modem, and which
customers have both. It is an organizational fought with frustration. The Committee
discussed that the organizational communications issues are systemic, and not easily
changeable. Mr. Grimaldi responded that he is not sure if the previous director was
encumbered with those types of problems and new leadership can change thE~
dynamics significantly. He added that there is enormous potential within the existing
staff that has not fully been tapped.
AFN OPTIONS COMMITTEE MEETING
OCTOBER 27,2005 - PAGE 5 OF 5
The Committee was unsure that the City would be able to change the organization
enough to do the things they need to. Mr. Grimaldi responded that they need to identify
what the issues are first before making that statement. The Committee came to the
conclusion that more detail was need on the organizational development and
communications problem bullet and will add sub bullets to identify.
The Committee spoke that given the management cultural, the keep and enhance does
not present a viable option. The Committee discussed that they have concluded that the
City cannot make a substantial change in the penetration no matter what services they
provide. A substantial portion of the community does not believe that a government
should own these types of services and therefore will never subscribe. Mr. Grimaldi
would like more background on how they came to the conclusion that is not a viable
option.
The Committee discussed that when AFN faces a competitor, because of the process
required and delays, the competitor can move quicker and thus the consumer is making
a decision based on price because the product is the same. To continue to use public
funds in a risk business will remain controversial.
The Committee will add to the report that some of the success comps they found, in
general, had weaker competition and some had their own excusive public access
channel.
Mr. Mace spoke to adding at the end of the report asking Council to pursue the sale
option hoping to get letters of intent with hard prices and pursue the spin off option so
they reach a decision point and a target date with an expectation of completion of both
processes and have the ability to weigh the options. Then the Council should proceed
with the selection.
NEXT MEETING(S)
The next meeting will be October 31,2005 at 7:30 am.
ADJOURNMENT
The meeting was adjourned at 9:35 am.
Respectfully Submitted,
Bryn Morrison
Administrative Assistant
Administrative Services Department
AFN OPTIONS COMMITTEE MEETING
OCTOBER31,2005-PAGE 1 OF3
CITY ()~f
ASHLA.N D
AFN Options Committee Meeting
Draft Minutes
October 31, 2005, 7:30am
Siskiyou room, CDES Building, 51 Winburn Way
CALL TO ORDER
Michael Donovan called the AFN Options Committee meeting to order at 7:34 am on
October 31, 2005 in the Siskiyou Room of the CDES Building, 51 Winburn Way
Ashland, Oregon.
ROLL CALL
Committee members Barth, Collins, Donovan, Mace, Mackin, and Shultz were present.
Councilor Russ Silbiger was present.
STAFF PRESENT: GINO GRIMALDI, CITY ADMINISTRATOR
LEE TUNEBERG, ADMINISTRATIVE SERVICES AND FINANCE
DIRECTOR
RICHARD HOLBO, TELECOMMUNICATIONS ENGINEER
CINDY HANKS, PROJECT MANAGER
BRYN MORRISON, ADMINISTRATIVE ASSISTANT
REVIEW COMMITTEE MINUTES
Approval of minutes dated October 27,2005
Rick Barth, Committee member amended page 4 paragraph 6, stilling to still. Page 5
paragraph 2, cultural to culture.
Collins/Mackin ms approval as amended. All Ayes.
COMMITTEE WORK SESSION
Kevin Shultz and Paul Collins, Committee members spoke to the draft report. Members
of the Committee felt that the report should not be called the final report and that it
should only be a draft. There should be a dialog between the Committee and Council.
The Committee discussed that they hope Council will see their effort and wisdom and
any recommendation that they make has to make financial sense with the current
potential and the current penetration. They also discussed that for enhancememts, they
f'
AFN OPTIONS COMMITTEE MEETING
OCTOBER 31, 2005 - PAGE 2 OF 3
could refer to the Navigant study. The proposed enhancements and implementation
would show that the City would be in the same place in 2012. The Committee discussed
doing a comparison to Spanish Fork and what was written in the Tidings to what AFN is
doing currently. The Committee discussed that the Tidings article was unrealis1tic,
Spanish Fork does not show their debt clearly and they should not do a comparison. No
further financial items were needed from staff.
The Committee discussed presenting the report to Council. The Committee will include
the report in the November 15 Council meeting packet and ask to hold a study session
after that with Council. Councilor Russ Silbiger mentioned that there is concern with the
draft report that he has heard from Council and there needs to be more financi.al
analysis. The Committee discussed that there may be financial information that Council
should instruct staff to develop. The Committee decided to include a spreadshl~et that
Lee Tuneberg developed and narrative that Paul Mace developed on keep and enhance
and spin off.
In the sale option, the Committee discussed the savings to AFN cable customers and
Charter customers due to AFN, in the relation to the possible sale of AFN. They
discussed if there are multiple offers, they may not want to accept the Charter offer,
even if higher, due to the possibility of reducing the competition and Charter possibly
increasing rates. They discussed the possible buyer mayor may not increase rates
andlor services. The Committee discussed the possibility of reconvening if the City
received several offers.
The Committee discussed that they need to add to the report what exactly the City
would be willing to sell or not sell. The Committee discussed it would differ depending
on the proposals. Councilor Silbiger mentioned that the City wanted to retain the fiber
and own network and it should not be included in sale. Richard Holbo,
Telecommunications Engineer mentioned that they can reserve fiber around the ring for
own use and the physical fiber 6 count the City would keep, but it would not retain
ownership to the house. The City would need to build the plant again for meter reading
capabilities. The buyer may want to wholesale the product and they may need a non
compete agreement and include meter reading capabilities in the contract. ThE~ contract
with the buyer would vary depending on what portions they would need to buy, if they
needed the plant.
The Committee discussed that the City needs to obtain the real figures of customers it
has. At this point the City does not have the figures for exactly how many internet
customers it has. Mr. Holbo responded that the City has seven ISP's and thosle are their
customers. He can get a list from the ISP's and could compare to cable customers for
more accurate figures on customers that have only CATV, Internet, and both. The
Committee discussed for a true valuation, they would need to remove internet only from
customer counts. The Committee will include in the report that the valuation can vary
significantly depending on several items.
AFN OPTIONS COMMITTEE MEETING
OCTOBER 31,2005 - PAGE 3 OF 3
The Committee discussed the possibility of selling the wholesale relationship. It would
be a revenue stream that would be sold. The Committee discussed that the buyer would
want the ability to bundle so they can compete against DSL.
The Committee will attach an article to the report in reference to common carril~r. See
attached.
The Committee discussed that a key question the Councilors need to ask themselves is
the present potential future savings in local content and service control worth the risk of
tax payer dollars. They need to think about if fiber to the home will become too
expensive to make a profit. The Committee discussed that some amount of tax payers
dollars cannot be recovered and the Council should look at how they risk future tax
payer dollars. The Committee discussed adding this thought to the conclusion
paragraph.
The Committee decided that Rick Barth, Paul Collins, and Kevin Shultz will make the
revisions to the report to include in the Council packet for November 15.
NEXT MEETING(S)
There was no future meeting scheduled.
ADJOURNMENT
The meeting was adjourned at 9:34 am.
Respectfully Submitted,
Bryn Morrison
Administrative Assistant
Administrative Services Department
MUNI DEBATE: OPEN ACCESS
Open Service Provider Networks:
Taking America's Communities Into the Digital Age
An answer to our broadband decline and to the need for fair telecom in a free-market economy
By Ben Gould. Vice President and Chief Marketing Officer, DynamicCity, Inc.
From the telegraph ro the tele-
phone to the cell phone; from
commercial radio to the televi-
sion set; from the personal com-
puter to the Internet, America has paved
the way toward bringing new forms of
communication, entertainment, and
education to the home and workplace.
But America's current telecommunica-
tions business models are sending the
nation into broadband decline relative
to the rest of the world. While U.S.
consumers and businesses are struggling
with decisions about DSL, T1, or other
slow, limiting, and expensive broadband
mechanisms, our global competitors are
leaving us by the wayside as they deploy
affordable, very high capacity broadband
service.
U.S. communities need to take notice
and consider a new model for providing
real, value-added broadband. I call it the
Open Service Provider Networks'" mod-
el. These community-owned OSPNs
can bring complete availability of true
broadband connections, service provider
independence, economic infusion, and
life-enhancing services to residents and
businesses.
Despite being the electronic commu-
nications pioneer, the United States has
fallen woefully behind in global broad-
band competitiveness. By some mea-
sures, America has dropped as low as 20rh
in the world in proportion of premises
served by broadband, down from as high
as 4rh a few years ago.
The oft-cited ITU WW Telecommu-
nications Indicators Database lists the
United States as 13rh but Charles Fergu-
son of the Brookings Institute suggests a
lower ranking.
What Is Broadband?
While a few communities get some
level of "broadband service," there arc
misconceptions about what broadband
really is. The Regional Bell Operating
Companies as well as multi-service op-
erators (cable companies) sell 256 Kbps
to as high as 5 Mbps as broadband. Even
as these speeds are touted, these are
download speeds only and the top speed
is rarely above 1.5 Mbps.
Newton's Telecom Dictionary, the de-
facto standard in the telecom industry,
defines "broadband" as a minimum of
45 Mbps. The FCC says it is 200 Kbps.
Many of our international competitors
understand what real broadband is, and
they are finding ways to make it avail-
able to their businesses and citizens. For
example, Japanese residents have access
to Internet connections of 47 Mbps for
only $26 per month. l11at speed is not
generally available in the United States
for less than tens of thousands of dollars
a month. On a monthly price per mega-
bit, the United States averages around
$35 while Japan averages 90 cents.
But things arc about to change for
some communities in this country. Some
innovative and dynamic communities,
like those involved in Utah's UTOPIA
project, have recognized the need for true
broadband and are beginning to deliver
connections of 100 Mbps of symmetri-
cal (both download and upload capacity)
bandwidth, to 1 Gbps and even more.
On a price per megabit, UTOPIA citi-
zens are receiving this capacity at prices
as low as 89 cents per Mbps per month
- comparable to Japan!
The U.S. failure to keep pace is due
in large part to our upsetting the laws of
40 I BROADBAND PROPERTIES I www.broadbandproperties.com t MAY 2005
supply and demand -- violating a basic
tenant of a free market economy. Re-
gional telecommunications operators arc
an ofEhoot of the original Bell System
in America, an organization that was
funded through a set of captive rate pay-
ers, captive rights of way, and guaranteed
rates of return on capital. This system
was necessary for us ro become competi-
tive on a global scale.
In 1984, Federal courts broke up the
monopoly for the long distance market,
but local "baby bells" were formed for lo-
cal services and the monopolies contin-
ued on a regional level.
The resulting local communications
services have suffered since due to stifled
competition.
Impact on Local Communities
The effects of the broadband deficit
on local communities are immense. Mo-
nopolistic service delivery is negatively
impacting economic development op-
portunities by creating barriers to the at-
tractiveness of communities.
What's more, many communities have
limited or no access to broadband servic-
es, with cable and phone companies by-
passing small towns because of expensive
installments and maimenance costs.
This digital divide between Americans
that have access to broadband services
and those who don't is becoming increas-
ingly important.
Forward-looking municipalities are se-
riously looking at alternatives that bring
true broadband networks to their com-
munities to improve the local tax base,
retain and attract residems and business
owners, and deliver cutting-edge services
at significantly reduced cost.
Pitfalls of Private, Retail Service-
Provider Infra.~tructure
Of course the threat of open, com-
petitive, high-capacity network infra-
structures has led regional Bell operat-
ing companies (RBOCs) and multiple
service opetators (MSOs) to vehemently
oppose municipal fiber projects. The real
problem is one of motivations. An in-
cumbent provider is (and should be) mo-
tivated by returning shareholder value.
When it comes to building infrastruc-
ture, the return for a shareholder is often
low and long in coming. As a result, pri-
vate industry rarely (if ever) funds infra-
structure without some form of govern-
ment involvement. 1hat was exactly the
situation when the legacy infrastructure
we currently have was funded. The origi-
nal Bell system was given, among other
things, guaranteed rates of return and
captive rate payers. It is unreasonable
for us to think that baby Bells would be
motivated by the public good when their
shareholders are holding them to a dif.
fetent standard.
In other words, as a society we
shouldn't expect private industry to fund
an advanced communications network,
because it is really infrastructure. We
don't expect private industry to own and
operate roads and highways, airports,
water systems and other forms of infra-
structure (although they occasionally
do), so why should we expect it of the
new information superhighway? 1hese
infrastructures have generally been left
to local governments with subsidization
from state and federal governments when
it makes sense.
So what role should local government
play in the broadband debate? The Bell
companies argue that communities have
no business being in the service delivery
industry, as it is a conflict of interest.
They argue that municipalities that own
fiber deployments are not only their reg-
ulators but are their competitors as well.
"With so much money being invested
for better services and more bandwidth
into homes, cable and the Bells consid-
er government efforts unfair to private
businesses. ''fhe issue is (that the mu-
THE OSPN PRINCIPLFS
Principle 1: Open and wh.C)lesale
The key ingredient is that the netWork ownership is separated from the private
enterprises that provide conteur and retail services.
Principle 2: Carrier-class Quality of Service
There is the need to assure the highest levels of relia.bility and rl'dundancy.
Principle 3: High, scalable bandwidth
Ptovides true broadband service.
Principle 4: Open and indep~ndetltardtitecture
Standards-based solUtion to accommodate a broad range ofsetvil;C providers and
the lowest possible cost per megabit.
nicipalities) control rights of way, and to
regulate us at same time they're compet-
ing with us is a recipe for trouble,' said
Dave Pacholczyk, an SBC spokesman,"
according to a recent CNET article (at
http://news.zdnet.com/21 00-1 035 _22-
5471897.html).
It is no surprise that the incumbents
are actively influencing state legislatures
to outright ban the practice. Pennsylva-
nia has perhaps the most odious anti-
municipal law in this regard. It started
when the Borough of Kutztown, with a
population of5,200, began a municipally
led broadband project and Philadelphia
soon followed. Verizon initiated action
against the projects in the legislature.
"I cannot see justification for the legis-
lation," said Frank P. Caruso, director of
IT for the Borough of Kutztown. "TIlis
legislation delays advanced technology
from reaching rural Pennsylvanians. Ve-
rizon has essentially bought time, again,
and it accomplished its primary objec-
tive to thwart competition by stopping
fimher municipal deployments."
'[he Open Provider Network
That brings us to OSPN. The OSPN
model has been developed and imple-
mented by DynamicCiry. an Open Access
Architect company expert in designing,
financing, building and operating trans-
formational fibet-to-the-home projects.
'fhe OSPN starts with a principle-
based business model that places owner-
ship of networks in the hands of cities
while provisioning wholesale broadband
service from competitive service carri-
ers. Based on a clear set of principles,
the OSPN business model avoids the
problem of government competing with
private enterprise; it fosters robust com-
petition and innovation and introduces
the laws of supply and demand into the
delivery of advanced communications
services. The principles are basic - and
they work (see box above).
The OSPN overcomes the monopo-
listic forces of incumbent carriers by
allowing a community to make its net-
work infrastructure available to as many
competing third-party service and con-
tent providers as possible. TIle outcome
is not only greater consumer choice, but
also breakthrough telecommunications
services and ttue broadband capacity to
consumers at significantly reduced cost.
Superior video, voice, and data services,
distance education, tclemedicine, and
video conferencing an become common-
place in the dynamic cities that provide
an OSPN. These typt:s of services are ac-
tively sought in communities across the
country; their proliferation is inevitable.
From existing and prospective busi-
ness and residential consumers to com-
munity governments, to service carriers
and content providers and even real es-
tate developers, OSPN offers tremendous
MAY 2005 I www.broadbandproperties.comIBROADBAND PROPERTIES I 41
leguide
Get closer to your customers
with TeleGuide.
The TV Listings Channel
displays two hours of current
and upcoming programming.
ETY
,;>~<<,":::'M,N0
CTV provides a place to
post community information,
notices and ads.
800-737-0852
www.teleguide.tv
MUNI DEBATE: OPEN ACCESS I
advantages. The open and wholesale ap-
proach, combined with carrier class reli-
ability. extremely high capacity, and an
open architecture, deliver a municipal
infrastructure model that is unparalleled
(see box below).
1he OSPN model is being evaluated
in dozens of municipalities throughout
the nation and is already at work in the
largest municipal fiber network project
in the country, UTOPIA, including 14
founding cities and 160,000 potential
subscribers throughout Utah.
Open access works' .
About the Author
Ben Gould can be reached at
bgould@dynamiccity.com. Beftre joining
Dynamic City, which aims to be the catalyst
for the digital rel'italiZtttion of metro mar-
kets across America, Gould was chief execu-
til'e officer at Apollo Health, Inc., a manu-
facturer of medical dm'ceJ.
What OSPN Stakeholders (;et
Busille$$&Res
· True broat:ll1and - OMbps to connections and beyond.
· Symmetrical service - faster data downloads and uploads.
· Competition - better service, lower cost, more choice.
. Higher quality video experience.
· New breakthrough services and content.
· Converged voice, video, and data services.
Communities
· More satisfied businesses and residems.
.Ab<1tretinfra.~ttuctureJor economic growth and development
(highethornev;tlge$,bett~rbU$iness environment).
· More empowered community involvement.
· Globally competitive community.
· New revenue source.
· Promotes competition.
· Ubiquitous coverage.
. A community at the cutting edge - a Dynamic City.
Carriers, Partners, Content Proyiders
· An economically compelling, open and level playing field in which
to compete for share of consumer wallet
· A willing network partner with best possible infrastructure
. A network owner that Won't compete
· New, untapped networks and regions that might otherwise
be uneconomical to reach
· Minimized capitalel1try coSts
. Critical mass of subscribers
· Success-based pricing model
Real Estate Developers
· Value-added broadband services JO aX~r\lct home.bttyers
· Progressive neW model to promotedevclopm\fll~ in cOlIlmunities
Boost land/home values
· Bundnng/~<)~fIlarketing opportunities for new fiber-ready homes
concept of dynamic home
enhanced lifestyle and improved interaction with f~,mily/ffiend$
· Differentiation for developers
42 I BROADBAND PROPERTIES I www.broadbandproperties.comIMAY 2005
Minutes
AFN Programming Committee Minutes
09/29/05
These Minutes are preliminary pending approval by AFN Programming Committee at t.he
October 27, 2005, AFN Programming Committee Meeting.
MINUTES FOR AFN PROGRAMMING COMMITTEE
September 29, 2005, 5:30 p.m.
Electric Conference Room
90 North Mountain Ave.
Ashland, OR
CALL TO ORDER
Chairperson, Ed Perkins, called the meeting to order at 5:30 p.m. in the large conference room of the Electric
Conference Room, in the Electric Department, City of Ashland.
ROLL CALL
Attendees: Ed Perkins, Candice Chapman, Marilyn Hawkins, James Olney and Budd Gottlieb were present.
Gary Simms and Pamela Garrett were not present.
City Council Liaison: Alex Amarotico
Staff Liaison: Lee Tunebuerg, Mike Ainsworth
WELCOME NEW MEMBER
Chairperson Perkins welcomed James Olney to the Committee and Mr. Olney gave a brief personal
background.
APPROVAL OF MINUTES
Chairperson Perkins asked for approval of the August 25, 2005 minutes.
Committee member Gottlieb made a motion to approve the minutes of the August 25, 2005 as written, and
Committee member Chapman seconded the motion.
Voice vote: all Ayes. The motion passed with a unanimous vote.
PUBLIC FORUM
William Hayes1744 Normal Ave #6 spoke to the Committee about adding TBN and JCTV to AFN even
though he does not subscribe to AFN or cable TV. He believes the news and programming on TV is negative
instead of positive. He worked with Mr. Spalding trying to get petitions from 13 churches to recommend to this
Committee that TBN and JCTV be aired on AFN. He doesn't believe that 6 Christian Networks are too much.
Scott Spalding/1360 Apple Way reminded the Committee he has been a strong advocate of AFN since 1999.
He became concerned when the Committee voted not to add JCTV at the last meeting and began researching
ways to receive monies to pay for equipment so AFN would not have to incur any costs related to adding this
programming. He asked to Committee to check with the legal department, if it would be allowable for special
interest groups to help fund programming. He informed the Committee he wrote a letter, along with his friend
Leah Myer, to the Daily Tidings in support of AFN to try and combat the negative press concerning AFN. He
submitted to each member a copy of the collective petitions from different churches support addling JCTV. He
also submitted a copy of a letter written to AFN from the TBN Networks stating if AFN would launch both TBN
and JCTV, they would request up-front financial incentives to AFN to help cover costs of installation.
Committee member Chapman questioned Mr. Spalding and his constant appearances to this Committee
requesting more Christian programming within the past 4 years. She reminded the Committee, channels were
Atn Min 09 29 05
Page 1 of 3
added to the programming lineup with Mr. Spalding's support and recommendations and feels there is a
sufficient amount of Christian networks.
Chairperson Perkins referred to any further discussion regarding this topic placed under New Business.
OLD BUSINESS
Future Tech/HDTV
Mr. Ainsworth reported to the Committee that AFN was in an Options Committee situation and staff is
recommending the Options Committee endorse HDTV with 6-7 icon channels creating a premium tier.
He also reported AFN was in an election period for the local broadcast stations and he anticipates
their request for HD signals. Committee member Hawkins wondered if AFN was losing customers
because we didn't offer HDTV. The members discussed approximate benefit and costs associated
with acquiring HDTV.
NEW BUSINESS
A. Options Committee
Mr. Tuneberg reported to the Committee that the Options Committee would like to meet with a few
representatives on Monday the 3rd beginning at 7:30am. Committee member Hawkins recommended
Candice Chapman and Ed Perkins attend if possible.
Mr. Tuneberg reported the Options Committee would be ready to present to the Council different
options by the end of October or early November.
Mr. Gottlieb asked the representatives to explain to the Options Committee how lucky Wl9 are to have
AFN and the programming provided, specifically Free Speech TV. He feels AFN is an asset to the
community and is willing to fight hard to keep it.
~(l\
B. AFN Director
Mr. Tuneberg explained the Options Committee raised the concern that the Director position might
change based on the direction AFN takes. There will not be any further interviews or pro~lress to hire a
director until the Options Committee has completed their review.
C. AFN Subsidy
Mr. Tuneberg explained the subsidy was $7.50 per electric account, generating approximately
$75,000.00 per month beginning with the first billing cycle after October 10, 2005. He explained the
debt service for AFN goes up over the next few years. Committee member Gottlieb felt tile City lacked
communication to the public about this subsidy. Chairperson Perkins reminded the Committee this
subsidy was the Council's responsibility. Mr. Tuneberg stated the Council approved the subsidy in
September and it will be applied in October.
D. AFN Cable Rate Increase
At the same time the subsidy was approved, a proposal was made to increase the rates, aligning the
rates more along the national average. The resolution was approved, but needed to be modified and
Mr. Tuneberg also received favor to bring with the modifications product changes that could be
included.
E. Product Improvement
Mr. Tuneberg explained now was the time to look at the line-up/additions before the rate increases
take effect. Committee member Chapman reported to the Committee that Shop at Home would
generate approximately $3,000.00 per year. The members discussed different aspects of adding this
program, including tier placement, local businesses, relationships to other programs, on line shopping
product quality and customer satisfaction.
Afn Min 09 29 05
Page 2 of 3
Committee member Chapman requested another listing of what was available on the pods to review
for the next meeting. Mr. Tuneberg urged the Committee to look at value adding changes to create a
even more dynamic channel lineup, during the next month, even a "wish list."
Mr. Gottlieb asked about changing a program from one tier to another and Mr. Ainsworth explained
different reasons why placements are made, including contracts, diminished tier value, network
requirements and programming costs.
CHANNEL AND TIER DISCUSSION
The members discussed the pros and cons of doing public surveys, including on-line census, direct
mailing, skewed results, professional format and ways to reach non AFN customers.
Chairperson made a motion to form a subcommittee for survey development. Committee member
Chapman seconded the motion.
Voice vote: all Ayes. The motion passed with a unanimous vote.
Mr. Gottlieb volunteered to work on the subcommittee and the Chairperson would also clheck with the
absent members. Committee member Hawkins warned the Committee about results from a non-
professional survey and asked the Committee to spend the necessary funds to conduct a statistically
valued survey.
ITEMS NOT ON THE AGENDA
Chairperson Perkins asked staff to find out from the legal department if private parties/special interest
groups may donate monies for programming.
Mr. Olney asked how he can best participate with the Committee and Chairperson Perkins asked that
all members to research programming options. Committee member Chapman stated the Committee's
charge was to decide about programming.
Mr. Ainsworth reminded the Committee that Fox Sports channel will be up for renewal.
Chairperson Perkins made a motion to renew Fox Sports Channel and Committee member Gottlk:~b seconded
the motion.
Voice vote: all Ayes. The motion passed with a unanimous vote.
Mr. Tuneberg urged the members to discuss at the next meeting what changes they would like to make to the
programming and Mr. Ainsworth encouraged the members to always have 5-6 channels they would
personally like to review.
NEXT MEETING DATE
October 27, 2005
Location: 90 North Mountain Ave, in the Electric Conference Room.
ADJOURNMENT
Meeting adjourned at 7: 15pm.
Respectfully submitted by,
Mary McClary,
Assistant to Electric Department
Afn Min 09 29 05
Page 3 of 3
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
CONTINUATION OF PA2005-00084
MINUTES
SEPTEMBER 27, 2005
CALL TO ORDER
Chair John Fields called the meeting to order at 7:05 p.m. at the Civic Center, 1175 E. Main Street.
Commissioners Present:
Absent Members:
Council Liaison:
Staff Present:
John Fields, Chair
Olena Black
John Stromberg
Mike Morris
Dave Dotterrer
Allen Douma
Russ Chapman
Michael Dawkins
Kerry KenCaim (stepped down at the last meeting)
Jack Hardesty
Bill Molnar, Interim Planning Director
Mike Reeder, Assistant City Administrator
Sue Yates, Executive Secretary
CONTINUATION OF PLANNING ACTION 2005-00084
SUBJECT PROPERTY: 165 Lithia Way and 123 North First Street
OWNER/APPLICANT: Archerd & Dresner, LLC and Redco, LLC
Bill Street, citizen, asked Reeder if the applicant presents any proposed changes, will the citizens will be allowed to comment on
any proposed changes. Reeder said any citizen(s) would have seven days to respond if there is new evidence.
JOHN HASSEN, attorney for the applicant, 717 Murphy Road, Medford, OR, said as long as a rebuttal is offered f1~r informatIOn stated
earlier, no one has a right to leave the record open. ORS197.763 states if there is going to be a request to keep the record open, it
has to be made at the first public hearing on the matter.
Site Visits and Ex Parte Contacts
Morris saw George Kramer at the Outdoor Store.
Stromberg has had no new site visits since the last meeting. The last time there were people who had spoken to Stromberg about
size, bulk, appropriateness, relationship to the surrounding properties and affect on Lithia Way.
Black read the articles in Daily Tidings relating to this project. She saw Bill Street today but they did not have a discussion.
Rebuttal
EVAN ARCHERD introduced George Kramer.
GEORGE KRAMER, 386 N. Laurel, said their written rebuttal is in the packet. The public has every right to disagree with Staff and
the Historic Commission. However, it is hard not to believe the continued repetition of the unfounded statements go beyond any
misunderstanding or disagreement about City goals, but is instead part of a coordinated effort to present a false impression of this
project, misleading the Commission and the public about what Northlight really is.
Archerd clarified the issues that have been raised.
HV AC System - The HV AC system is a system for the garage only. The two buildings have separate HV AC systems. All
systems are separate as well as structurally independent as provided by a letter in the packet from the architect.
Affordable Housing - The project consists of a variety of housing units and types, including studio units that are less than 500
square feet and rented at very affordable rates. No pricing has been established for any of the units. The goall has been to provide
housing in a variety of economic levels. The applicants intend have a number of units that will be available f1~r rent.
Setback - They have been accused by some of trying to do an end run around the planning code to avoid the Special Setback
requirement. Every public document indicates the Special Setback was never intended to apply to Lithia Way.
This project is a result of hundreds of individual's input. When you design by consensus, not everyone gets what they want
Eighty-five signatures of small business owners in Ashland have been presented. Those owners have a huge stake in the future of
this town. Archerd said Kramer gave a history of Lithia Way. All of past processes point to the fact that Lithia Way should be
included as part of the downtown section of Ashland and should be rezoned C-l-D.
Archerd noted that in their submittal as part of their rebuttal, the first paragraph states: "The Northlight project has a 12 foot
sidewalk and the buildings are set back five feet beyond the sidewalk." The sentence should read: "The Northlight project has a
12 foot sidewalk and the building entrances are set back five feet beyond the sidewalk."
Dawkins said the couplet did not happen in 1949. It happened in the mid-1950's. The applicants have put a lot of emphasis on the
fact this is going to be another Main Street.
Kramer said the Oregon Department of Transportation planned the couplets all through the state in 1949 in response to post-war
development.
Dotterrer asked the setback in front across the street (the new building on Lithia Way). Jerome White said it is 8 Yz feet.
Chapman asked about the traffic report, final sentence of the second to the last paragraph that states: "The increase to the
surrounding roadways will be less than five percent in any direction." What does that mean?
Archerd said the traffic engineer is saying that Lithia Way has a current traffic flow of 14,415 average daily trips. The increase to
First Street and B Street would be 518 new trips. Five hundred eighteen trips divided by the sum results in less than five percent.
The intersections are not even close to capacity.
Bill Street asked if there was any new information. Dawkins stated he read through everything carefully and he could not find
anything new. It was more reiterating what Kramer and Archerd have already said. Dotterrer confirmed.
COMMISSIONERS' DISCUSSION AND MOTION
Fields suggested they define the issues, have a discussion on each one and take a straw poll on where they stand.
Dawkins said this is too big a project to discuss piecemeal. Over the years, there have been projects that have changed the
complexion of this town. The first was in the early 1950's when the people in power thought we should-have commercial zoning
all the way from the Plaza to south of the college. But a few people disagreed, saying that would destroy Si.skiyou Boulevard.
They ended up not extending the commercial. There is another example in the 1920's when some peopk thought there should be
little auto courts up and down Ashland Creek. The women in the town objected and we got Lithia Park. He sees the project ~efore
us tonight as sprawl and it is taking away from our compactness and what makes our town viable. He believes if the project is
built, it will destroy the character of our town. The scale and mass is inappropriate for Ashland.
Chapman responded if we don't want three-story buildings, then we need to change the rules and say "no more." He does not
believe this project has violated this standard. Part of what makes the downtown interesting is that we have one, two and three
storey buildings, both large and small. He believes this project will work and go a long way in making our town interesting.
Dotterrer, Stromberg and Fields outlined the issues that have been presented. They are as follows:
. Excessive scale and bulk.
. How does the project impact transition to the Railroad District?
. Light, air and vision.
. Human scale.
. Residential dominating retail in a C-l zone.
. Traffic flow problems
. Big box separation of buildings - Administrative Variance
. Are there one or two buildings?
. Does the project meet the Downtown Design Standards
. Special setback requirement.
1. One building or two? Fields said underground parking is positive. The scale of the building isn't because it is connected
to the parking. There is no visual impact. It is not an issue to him. Douma said with regard to the size of the building he couldn't
find anything in the ordinance that relates to whether there is parking underground or not. With regard to connectivity of the
building, he could not find any reference in the ordinance to whether there is parking at all. Therefore, the relationship between
parking and the buildings is not relevant to whether a building is one building or two. Dotterrer concurred. Morris remembered
in the Big Box ordinance, parking underground is counted as part of the area_ Stromberg said the City Attorney states the
ASHLAND PLANNING COMMISSION 2
CONTINUATION OF PA#2004-00084
MINUTES
SEPTEMBER 27, 2005
Commission can make the interpretation if this is one or two buildings. Planning Staff believes it is two buildmgs and they are
concerned that if we follow the logic that the parking structure makes the two buildings one, that will serve to discourage other
developers from building underground parking. Dotterrer said the City Attorney is giving us options and Staff is giving their
opinion. Consensus was reached that there are two buildings.
2. Setback. Dawkins said the 1964 Downtown Plan was very clear about keeping the possibility open to convert Lithia Way
to two-way traffic, alleviating traffic off of Main Street downtown. Even though we have two buildings on First Street, maybe the
intent of the 20 foot setback was to keep the Lithia Way option open. Ifwe grant this application, we will never be able to
alleviate the traffic off of Main Street. Even though the Asst. City Attorney has told them it was legal for the applicants to move
the front of the buildings to First Street, Dawkins believes this is open for interpretation by the Commission. Logic says Lithia
Way is an arterial street.
Douma looked at the wording in the ordinance under Land Surveys that states: "Also, front yards for properties abutting all
arterial streets shall be no less than 20 feet with the exception of C-l- D." One of the properties is abutting an arterial street with
the realignment, calling into question the design that doesn't have a setback on First Street. He doesn't think the intent is to force
the setback onto First Street, but to deal with setbacks on the arterial street.
Fields asked if a boundary line adjustment and can be done without a planning action. Can the applicants change the property
lines and then come before the Commission? Reeder said a boundary line adjustment is a ministerial act. It is not a land use
action.
Stromberg said the plain language says that if a lot abuts an arterial, then that lot has to have a 20 foot front yard. By the
rearrangement of their parcels, the applicants have created two lots and one lot has a side yard on Lithia Way so it abuts an arterial
and it has a front yard on First Street. If you apply the plain language, then you require them to have 20 foot front yard on First
Street. If the Commission approves this, they would put the applicant in violation of the applicable criteria. We can't explain why
we are doing it because it doesn't achieve anything. Stromberg said it seems the setback on First Street doesn't have anything to
do with the intent expressed in the ordinance except to protect the arterial. The Commissions' interpretation doesn't make sense
because it doesn't serve the purpose of the ordinance. If the Commission interprets rather than using plain language, then the
Commission has to decide on the intent or purpose of this ordinance applied to side yards since the ordinance does not address side
yard~. Ifthe side yard abuts the arterial, then it is the side yard that has to be 20 feet.
Moms said he thought in the '66 Plan, the property was in C-I-D., but jut not adopted in the Comprehensive Plan. In the C-l zone
there is no front yard. When you look at the arterial, the other side of the street doesn't have 20 foot setback. IfyolJ were trying to
protect the arterial, you'd think it would be done on both sides, not just one.
Dawkins disagreed that both sides of Lithia Way have to be protected. Downtown is one thing and the other side of the road is
another.
Fields asked what we do with 30 years of building to the sidewalk. They have been trying to get the whole historic core of
downtown building to the sidewalk. If the applicant comes back with a plan with a 20 foot setback, then what? He thinks if we
are going to interpret a 20 foot plan, the City might as well condemn the property and be done with it.
Dotterrer is looking at the intent of the setback issue. What did we want to do with that arterial street?
Fields took a straw poll to see who would be willing to let go of the setback issue. Black, Stromberg, Douma, Dawkins were not
willing to let go of the setback issue. This item was tabled.
3. Variance for Building Separation. Douma favors allowing the Administrative Variance. He presumes the intent of the
ordinance was to make things look and function better and what the applicants have presented looks better than the letter of the law
could make it look. Fields agreed.
Black does not think that the Design Standards were intended for this size building to be built downtown.
Dawkins said the setback between the two buildings is the only specific criteria that are black and white. It's hard to talk about the
building separation without talking about mass and scale. If you are looking at the buildings from a distance, the whole building is
Plaza size and three stories high because there is very little setback from the top two floors.
ASHLAND PLANNING COMMISSION
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Molnar read the four approval criteria for the Administrative Variance that all need to be met. Stromberg doesn't see anything that
is unique about the proposal that requires a special variance. The ordinance says specifically that two buildings have to be
separated by the height of the buildings unless there criteria can be addressed for an Administrative Variance. Stromberg has
heard none yet.
Dotterrer said the applicants have referred to the Downtown Designs Standards that don't require buildings to be close together.
Reeder said there is a memo from him explaining that the Administrative Variance does apply. The Design Standards are not in
conflict with one another. He did not go into each element of the criteria. The applicant gives further explanation in their recent
submittal (page 3).
Chapman believes they have exceeded the requirement by having the 75 foot opening on Lithia Way. He is willing to give them
that sort of architectural license to make the project better.
Stromberg follows Chapman's logic, but if we have the ordinances and we don't follow them, what are we communicating to the
community?
Black and Stromberg wondered because the front of the lot is on First Street and the two buildings are required to be separated,
what does that mean with respect to the front lot of the property? By changing the front to First Street, should they now be
separating the buildings so you can see through from First Street rather than Lithia Way?
Fields said we're talking about the legal description of the lot. A building can have frontages on two streets. \101nar said the Site
Design Standards deal with a building's relationship to a street, regardless of whether it is a side street.
Molnar said the applicants are saying through an averaging, they feel the configured space is better. Some of the difficulty is it is a
standard that probably wasn't anticipated in the downtown. This property is unique in that there probably are no other properties
in the downtown area where two buildings could be constructed over 10,000 square feet or in excess of 100 feet in length.
Fields took a straw poll to see who could accept the applicant's distance between buildings. Five commissioners were willing to
support accepting the Administrative Variance. They decided to table this issue.
4. Traffic. Stromberg said the numbers in the traffic analyses don't grasp the problem. If more than a couple of cars are
trying to leave, they won't be going by way of First Street. By going through the parking lot and entering Pioneer, it could create a
gridlock almost immediately. He can't see any criteria that address this issue.
Molnar said the Traffic Safety Commission looked at making First Street two-way and at this time they wanted to wait to see the
project's trip generation and make a determination at that point. There are some problems with the Post Office adding to the
congestion.
Douma believes the biggest traffic concern brought up by the neighbors is the impact on B Street. Black added the alley is of
concern too. After doing the calculations, Douma said 18 cars entering both First and Pioneer would only increase traffic by three
percent during peak hours. That does not seem very significant.
Molnar said the applicable standard is (D) under Site Review - "adequate capacity 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." Adequate capacity has been based on a study looking at a breakdown at intersections. The Commission could
recommend a Condition that Traffic Safety revisit First Street at a later date.
Fields took a straw poll and everyone agreed the applicants have addressed the traffic issue.
5. Commercial VS. Residential. What is the actual requirement for meeting this standard? Dotterrer asked if Staff is
comfortable with the plan showing 50 percent commercial. Molnar said this is a mixed use project so the applicants are showing
some double duty of areas such as parking. The driveway aisle serving the commercial space is connected to the City parking lot.
Cars might drive through this aisle so there is an overlap of uses. Will there be an occasion as a resident of a townhouse to use the
surface parking when they want to drop something off? There may be some overlap with commercial too.
Fields thought everyone had some concerns about scale and mass. The primary use of the downtown is for commercial use. This
project is 83 percent residential. They are only required to have a maximum of two parking spaces for the largest units. If 50
ASHLAND PLANNING COMMISSION
CONTINUATION OF PA#2004-00084
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SEPTEMBER 27, 2005
4
percent of the area has a commercial use, the parking required for it would reduce the scale of the building. The critical piece is
what we are calling commercial. Fifty percent commercial totally changes the whole view of the commercial relationship to
residential. The residential is so powerful in determining what the project will look like. However, it isn't our duty to recalculate
what is commercial and what isn't. The core down the middle of the project is like a street. Fields believes this should be taken
out of the calculation.
Reeder noted that in an earlier memo that the ordinance says that "50 percent of permitted or Special Permitted Uses, excluding
residential." If the Commission is concerned about residential uses and their accessory uses overwhelming a project, then you
wouldn't even have to look at the residential accessory uses because they are not permitted of Special Permitted
Stromberg believes, following the definition for accessory use, ".. .and which is located on the same lot with lthe main use," that
the applicants rearranged their lots and parcels so there are two parcels. The dividing line between the two lots runs through the
parking lot. The accessory uses on the back lot don't meet the definition of an accessory use to the main uses that are on the front
lot. They can't be counted.
Molnar said a portion of the accessory use area is no longer located on the lot that accommodates the main use.
Fields would rather see two stories of commercial and only one residential. Is this good for the downtown to put in lots of
residences? We have to have a car to go anyplace. There aren't alternative methods of transportation. He's concerned that 80
percent of the plaza area is going to be used by residential. Stromberg said when they add everything up, the applicants are 3000
more than the 50 percent. If you take out accessory units that don't qualify because they don't meet the definition of accessory to
the main building, that's about 3000 square feet because of the way they moved the lot line.
Fields is looking for a way to instruct the applicant and let them know what we want. They will have to reconfigure the 50
percent. Molnar said there hasn't been a development with multiple buildings before where then you look at 50 percent of the total
lot area that shall be permitted or Special Permitted Use.
It was agreed the applicants do not meet the 50 percent and secondly, the whole central area looks like it has the potential for a
very mixed use. If there was 80 percent commercial and 20 percent residential, that number would bring them right to the edge of
meeting the criteria.
Reeder said they need to interpret if they want to include accessory uses. There is nothing that addresses it in the code. He said
the accessory uses for residential are not counted as part of residential. Stromberg quoted from the ordinance, "At least 50 percent
of the total lot area if there are multiple buildings shall be designated for permitted or special permitted uses other than
residential." You add up the non-residential uses, including their accessory uses and you see if that number is greater than 50
percent of the total lot area. That is the criteria. This is an attempt to control the amount of residential compared to commercial.
If the project is split into two lots, nothing works. It is not a mixed use. There is no commercial use in the second lot. Is it
considered one or two lots?
Stromberg said the applicants are treating the development as one lot.
Reeder said at least 65 percent of the total gross floor area of the ground floor or at least 50 percent of the total lot area.
Molnar believes it is up the Commission whether they apply the 50 percent rule or if you want to apply the 65 percent of the total
gross floor area of the first floor.
Chapman felt the writers of the ordinance wanted the 50 percent to apply to multiple buildings. Everyone agreed. They agreed
that Lot 2 (upper lot) meets the 50 percent rule, but Lot 1 does not.
6. Scale, mass and open space. Douma noted the Historic Commission has been involved in this action. Even though he
may not like the scale, mass and architecture, he will have to accept the building design as presented. Dotterrer agreed,
Morris recalled a time when Ashland was heading toward using Elizabethan architecture and he is concerned we are trying to use
traditional architecture with all buildings so they begin to look the same. He does not have a problem with the architectural style
of this building.
ASHLAND PLANNING COMMISSION
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SEPTEMBER 27, 2005
5
Black can't reconcile the Building 1 not having a more significant vertical pattern. The new front is now on First Street and she
doesn't know what the entrance will look like on First Street. The windows do not have the vertical look recommended in the Site
Design Standards. She thinks the applicants did a hurried job of showing the computer model of how the buildings are going to
look. A 126 foot long building is overwhelming.
Stromberg feels from hearing the public speak that the building and the drawings he has looked at, the bulk has been minimized.
He does not believe the applicants have made the case that this is a human scale project. There is a section in Chapter 18.72.100
Power to Amend Plans; if the Commission decided to approve this action, approval conditions could be added. One condition is to
limit the height from 35 or 36 feet. Pull the building back up to 20 feet. To handle the bulk of the building, it is taller than it needs
to be.
Black said if you stand in front of the four -story Elks building, there is a rhythm of verticalness.
Fields noted that they have 47 percent glazing on the windows and are required to have 50 percent. What makes a good window is
the wall around it. He does not like the corner tower. He sees a line of 40 feet. It feels like he just doesn't see any play in the
balance of the building. Are we saying push the building back 20 feet? He doesn't think we want the building 20 feet back from
the street. He thinks the 83 percent residential has a lot to do with the volume of the building and the parking. It's unfair to the
developer that it is not clear what is allowed.
Dawkins said the building is humungous. Did the 83 people who signed the petition see the drawings and the scale? Most people
who are testifying are shocked at the size.
Dotterrer does not believe the idea of the downtown is to set buildings back 20 feet.
Black does not have enough information to make a decision on whether Lithia Way should be wider or not.
Morris said the Downtown Design Standards say to build to the street, to the lot line.
Morris, Fields, Dotterrer and Chapman said they would like to see a minimum setback on Lithia Way.
Dawkinsl Black m/s to deny PA2005.00084.
Chapman said the only basis for him to vote for denial is because the back lot does not meet the 50 percent criteria. Ifbulk and
scale had been a problem, the Historic Commission would have red-flagged it. And, Kramer would have walked away from the
project as well. Chapman said he can make the leap regarding the separation between buildings.
Stromberg will deny the application because the setback has to be either on Lithia Way or First Street. The residential dominating
the target use fails. He is willing to let go of the Administrative Variance. The bulk and scale creates a problem along Lithia Way
and for the adjoining neighborhoods. He doesn't have enough tools to decide on the traffic issue.
Roll Call: Douma, Chapman, Stromberg, Dawkins, Dotterrer, Black, Fields and Morris voted yes. The action was denied.
Reeder asked for direction for findings for denial. He understood there was a reason to deny the application based on the fact by
virtue of the lot line adjustment, there was not 50 percent commercial on Lot 2.
OTHER
Molnar asked the Commissioners if anyone is interested in being interviewed by the land use consultant. Those responding were
Fields, KenCairn, Stromberg and Douma.
ADJOURNMENT - The meeting was adjourned at 10:20 p.m.
Respectfully submitted by
Susan Yates, Executive Secretary
ASHLAND PLANNING COMMISSION
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MINUTES
SEPTEMBER 27, 2005
6
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
OCTOBER 11, 2005
MINUTES
CALL TO ORDER
The meeting was called to order by Michael Dawkins at 1:30 p.rn. at the Ashland Civic Center, 1175 East Main Street,
Ashland, OR 97520.
Commissioners Present:
Michael Dawkins
John Stromberg
Allen Douma
None
Jack Hardesty, absent
Bill Molnar, Interim Planning Director
Maria Harris, Senior Planner
Derek Severson, Assistant Planner
Amy Anderson, Assistant Planner
Sue Yates, Executive Secretary
Absent Members:
Council Liaison:
Staff Present:
TYPE I PLANNING ACTIONS
PLANNING ACTION: #2005-01484
SUBJECT PROPERTY: North Mountain Ave. & East Nevada Street
OWNER/APPLICANT: Camelot Family Homes, LLC
DESCRIPTION: Request for a Site Review approval to construct 26 townhouse units for the property located in the Meadowbrook
Park Subdivision.
Stromberg stated he'd had an ex parte contact at two different Planning Com.mission meetings when they heard
complaints that the applicants had violated some of the approval conditions. Staff reported they'd received a letter
from Tom Mar stating all the issues have been resolved.
Solar access can be remedied through Condition 11. The applicant did not show any coverage calculations and can be
covered with Condition 13.
This action was approved.
PLANNING ACTION: #2005-01608
SUBJECT PROPERTY: 496 Beach Street
OWNER/APPLICANT: Ned & Lisa Beach
DESCRIPTION: Request for a Conditional Use Permit for a transfer of ownership of the traveler's accommodati,on (A Midsummer's
Dream).
This action was approved.
TYPE II PLANNING ACTIONS
PLANNING ACTION: #2005-01307
SUBJECT PROPERTY: 125 Sherman St.
OWNER/APPLICANT: Russ Dale
DESCRIPTION: Request for a Site Review approval to construct a second residential unit attached to the existing garage for
the property located at 125 Sherman St. A Conditional Use Permit is required to expand the non-conforming garage structure.
The garage is located within a foot of the rear property line and ten feet is required. The new proposed addition meets
setback requirements.
This action has been postponed.
PLANNING ACTION: #2005-01474
SUBJECT PROPERTY: 893 Hillview Drive
OWNER/APPLICANT: Medinger Construction Co.
DESCRIPTION: Request for a Land Partition to create a flag lot from the rear of the property located at 893 Hillview Drive.
Stromberg recused himself because of a possible conflict of interest. He has been working with Medinger on a community
project.
Site Visits or Ex Parte Contacts - Dawkins and Douma had a site visit.
STAFF REPORT
Anderson reported the applicant has submitted some new information addressing the concerns of the neighbors regarding lot
configuration. The information has been distributed to the Commissioners.
The applicant is requesting approval of a flag partition. The action was called up for a public hearing by a neighbor. Issues
raised include traffic generation, tree retention, a French drain system that crosses property lines, and impacts of the flag on the
neighborhood. The parcel is 19,000 square feet in size, zoned R-1-7.5. The existing single family residence will remain with
the old garage being demolished and a new garage added at the rear of the residence. The accessory structures will be
demolished. The applicant is requesting a land partition to divide the property into two lots. The rear property would be a flag
lot located on the western portion of the parent lot. The Tree Protection Plan identifies eleven trees for protection. The
proposal involves the removal of two trees, a five inch cedar and a ten inch willow along the southern property line. The
applicant will explain why he now wants to retain the willow.
The neighbors have raised a concern regarding flag lot configuration and width. In the case of a flag lot, there is not a typical
street frontage to base lot frontage. Historically, the determination has been made by the applicant with Staffs approval. Staff
believes the benefit of this approach is flexibility in determining lot configuration based on existing development patterns in
the neighborhood. It allows flexibility in determining the orientation of the new structure as well as determining the setbacks.
The lot configuration for a side lot is not clearly defined by the ordinance and the Hearings Board has the ability to interpret lot
configuration and setbacks.
Generation of traffic is not subject to the minor land partition approval criteria but there is adequate capacity to serve one
additional single family home with an average often vehicle trips per day.
The applicant has met the criteria for three off-street parking spaces in the flag drive. They appear to have adequate vehicular
turnaround. Staff will allow the requested curbside sidewalk along the frontage of the parcel.
With regard to the French drain system, private storm drain easements are not subject to minor land partition approval criteria.
Staff is recommending approval of this application with the attached conditions. The cypress trees along the back will be
protected. A Condition has been added to protect the crab apple tree.
PUBLIC HEARING
LARRY MEDINGER, 115 Fork Street, said his handout refers to options A, B, C, and D showing different orientations to the front
and side yards.. He referred to site plan C. They laid it out originally with the front yard setback to Hillview Drive because
Medinger was trying to preserve a rear yard setback with the neighbors.
There was a long discussion at the Tree Commission meeting about the cypress trees. Tom Myers, Upper Limb-It said the
cypresses weren't normally allowed to grow as tall as they have and they pose a fire danger. The consensus seemed to be to
have a plan for removal and replacement of those trees, but trying to maintain the screening as they go.
The neighbor at 893 Hillview wants the willow tree to stay so if they pull the driveway seven feet from the trunk, the willow
tree would be given plenty of room to grow. The Tree Commission concurred.
He will preserve any drains. They will be required to make sure there is no drainage onto the neighbor's property. The pattern
of development in the neighborhood is a long driveway back out. They want to rearrange the pattern so the cars could turn
around in the driveway and go out forward to the street. The existing driveway is quite wide. He will remove some of It down
to 15 feet and that will allow for more greenery in the front yard.
ASHLAND PLANNING COMMISSION 2
HEARINGS BOARD
MINTUES
OCTOBER 11, 2005
Medinger said site plan B is a response to one of the neighbor's letters. There is a definition in the R-I section stating that
interior lots in a block should have the narrow face toward the street. He is showing what it would look like if the depth had to
be longer than the width. The existing house would have to be completely removed and the house would be built on the
smaller lot in the front with a normal setback.
RONALD DOYLE, 945 Hillview Drive, believes the size complies with the zoning but the lot configuration does not. The only
existing street is Hillview Drive and the house has to front Hillview with a 20 foot setback. He doesn't see how the
Commissioners can interpret this any other way. He is asking the Commission to deny the application. The neighbors would
like to have an opportunity to review Medinger's recent submittals.
Harris interjected that the A, B, C and D variations were looked at, but variation C was the one that Medinger ultimately put
forth.
LYNN COSTANTINO, 892 Harmony Lane, spoke to the original plan. He lives right behind the cypress trees. His interpretation
from the Tree Commission meeting is that they were going to take all the trees out because they could bum within 45 seconds.
The Staff Report states that a flag lot does not have a typical street frontage upon which to base lot lines and concludes the
code is silent on the front lot line on a flag lot. The neighbors believe this is not a reasonable interpretation of the code. A lot
is defined as a unit ofland under single ownership. A flag lot is defined as any lot that has frontage on a city street ofless than
40 feet. Definitions applying to all lots also apply to flag lots. In case of an interior lot the front line is defined as the lot line
separating the lot line from the street. This is the portion of the flag abutting the street. The rear line is the line with the most
distance from the front line. R-I clearly says all lots must have a minimum depth of80 feet. The lot shown is only 75.6 feet.
No lot shall a have width greater than its depth. Based upon these definitions, the current configuration does not have a
minimum depth of 80 feet and its width is greater than its depth. The code is not silent on the front line for a flag lot. There is
nothing in the code that differentiates between a flag lot and any other lot. The proposed flag lot fails the minimum depth
standard and violates the prohibition against being wider than it is deep. He would just ask the Commissioners to strictly
follow the code. (LINDA BROWN, 904 Hillview Drive and JOANNE COSTANTINO, 892 Harmony Lane, yielded their time
to Lynn Costantino.)
KEITH KLEIN EDLER, 873 Hillview Drive, said he lives next door and downhill from the proposal. He requested a survey be done
to showing where the house will be sited and that it will meet the required setbacks. He would like to know the location of the
TID main that runs through the neighborhood because there is an easement that goes with it. He would like to see the drainage
addressed. In the winter, he has standing water alongside his house and in his backyard. Water runs under the house and into
his garage and a good portion of the water is coming from the adjacent property. There are drains, but eventually they fill up.
A traffic study was done on Hillview in 2001. He requested a new traffic study due to new development and the addition of a
church service at the Catholic Church. Cars tend to exceed the speed limit on Hillview. (SHEILA JOHNSON yielded her time
to Kleinedler.)
CYNDI DION, 897 Hillview Drive, said she is an alternate to the Planning Advisory Committee to the Riparian Ordinance. She is
very concerned about the incredible amount of runoff that occurs when we continue to pave and often require a large
percentage of impervious surfaces on a project such as this. Though the ordinances allow this large percentage of impervious
surface on the proposed site there are some physical and environmental constraints that should be addressed, specifically, the
decomposed granite. Large amounts of water come down the hill all winter and all summer. All the properties are on TID.
There used to be a large open space that was shared between the Harmony Lane and Hillview Drive property that was open and
irrigated with TID. It is important the water be allowed to percolate through the soils. Many of the suggestions in the City's
storm water management plan have not been implemented. The neighbors feel the open space is the stable aspect of the
neighborhood as noted in Chapter 18.20.010. She showed pictures of the drainage situation.
CHUCK SMITH, 895 Hillview Drive, stated he lives south of 893 Hillview Drive. He showed pictures relating to drainage and
where he has cut in for a curtain drain. The water runs continually all year round and it dumps into the street from the drain.
The proposed house will change the character of the neighborhood. He isn't sure the driveway meets the plan and violates
l8.76.060B. Can a fire truck get to the rear property? He would like to see a fire plan and fire work area on the property. Will
there be adequate back-up space? Smith is not happy with how close he will be to a new residence (visual and noise). (JON
KIMBALL, 1775 Bristol, yielded his time to Smith.)
NANCY NERENBERG, 853 Hillview Drive, talked about Chapter 18.20.010, protecting the characteristic of the district and to
promote and encourage a suitable environment for family life. They chose to move to this neighborhood specifically because
ASHLAND PLANNING COMMISSION 3
HEARINGS BOARD
MINTUES
OCTOBER 11, 2005
of the moderately priced single family homes with large yards. Subdividing the proposed lot will not stabilize and protect their
neighborhood. There are kids in the neighborhood, starting a new cycle of families raising their children. She is concerned
with someone buying this new house with no intention of living there. (lENS SEHM, 853 Hillview Drive, yielded his time to
Nerenberg.)
MATT WARSHAWSKY, 443 Allison Street, said he firmly believes in infill, however, this is the last neighborhood where you can
go where there are consistently larger lots. He is hoping to eventually be able to live in this neighborhood.
WAYNE LINN, 899 Hillview Drive, talked about common values like the quality of air, water, open space, soil and others. An
additional single family residence with an average often vehicle trips per day and each mile driven by an SUV produces and
releases up to one gram of toxic material. This material goes into our air, vegetation, our bodies and into our waterways. That
does not even address the additional noise and substances from other internal combustion engine sources on the property. Linn
quoted studies showing that when hard surfaces cover five to ten percent of an area, ten percent of the precipitation becomes
surface runoff. This accelerates proportionately. The runoff contains the most toxic contaminants that have accumulated on
the hard surfaces, thus polluting the water going into our groundwater and public waterways. This will be the first flag lot in
their neighborhood and they believe this will create a negative impact in the neighborhood as more building and people change
the character of the neighborhood.
Staff Response
Margueritte Hickman, Ashland Fire Dept., said that with whatever configuration is chosen, provided the driveway width is met
and the vertical clearance and turning radius is met, the fire apparatus issues will be met. There has been a condition added
that all conditions of the Ashland Fire and Rescue will be met.
Anderson clarified the Tree Commissions' recommendations. They have recommended incorporating the arborist's
recommendation regarding moving the drive seven feet away from the willow tree in the applicant's newly proposed plan. The
Tree Commission also recommended removing the Leland Cypresses along the western property line and replanting with
appropriate shrubs and screening trees and the development of a long-term maintenance plan for the replacement of the Leland
Cypress. They didn't want to see all the trees removed at one time because it would be such a drastic change. They decided to
leave it to the applicants and the neighbors to develop a long-term maintenance plan.
Harris explamed that the gray area with this application relates to the setbacks. She read the definition for "front lot line." The
code is silent concerning how the front property line is determined on a flag for the purpose of setbacks. Once you determine
the front property line, the rear line is the opposite and the sides follow. The applicant looked at the neighborhood pattern and
where backyards are located and tried to do the best fit.
Dawkins thought it important that the public would have a chance to comment on the alternative plans that were submitted by
the applicant. Harris said they can approve the application as submitted with conditions, deny the application, or give the
applicant the option to continue in order to put forth one of the alternatives. By giving the applicant the opportunity to
continue means they are seeing something in the original proposal that does not meet the requirements.
The Commissioners asked if the application can be called up to the Full Commission. Harris was not certain.
Rebuttal
Medinger said after seeing the attorney's letter from the neighbor raising the question about width versus the length oflot, he
submitted the alternatives to the department. If the Commission wants to continue the application, however., the ordinance isn't
clear. He suggested looking at what has been done in the past. He chose this plan because the rear yard had to stay the rear
yard setback. In the alternatives, he's tried to show there other solutions where a ten or twenty foot rear yard setback can still
be maintained leaving plenty of room without impacting the neighbors. The rear lot is about 7600 square feet, well over the
required 7500 square foot lot requirement. The lot is almost one-half acre. He would agree to a continuance to either the
Hearings Board or the Full Commission.
Medinger and Dawkins brought up infill. Medinger said if this neighborhood wants to see a change they need to request a zone
change from R-1-7.5 to R-l-lO. The City would need to adjust the inventory accordingly.
COMMISSIONERS' DISCUSSION AND MOTION
Douma said it appears there is some unanimity within the community to request a zone change. How can the Commission get
the neighborhoods to become activated ahead of time? In this situation, Douma does not have enough information to decide
what the front lot line is. He believes it is important enough to bring this action to the Full Commission. He would like a more
ASHLAND PLANNING COMMISSION 4
HEARINGS BOARD
MINTUES
OCTOBER 11, 2005
definite statement about lot depth (80 feet). He would like to see the storm water management plan and runoff addressed more
specifically. How do we address the ordinance that discusses stabilizing the neighborhood when the lots sizes are 19,000
square feet and the zoning is R -1- 7.5?
Harris said the Commissioners need to identify what part of the applicant's proposal is problematic to meeting the approval
criteria. Douma would like a legal interpretation of the front yard. .
Harris noted the Planning Commission agendas for the next couple of months are looking very full. We are now 60 days into
the 120 days on this application. Ifit goes to the Full Commission, it could go beyond that time.
Dawkins/Douma m/s to continue the application to the Full Commission, if possible, or the Hearings Board next month. The
motion carried.
Medinger agreed to a 60 day extension.
ADJOURNMENT - The meeting was adjourned at 3:45 p.rn.
Respectfully submitted by
Susan Yates, Executive Secretary
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINTUES
OCTOBER 11, 2005
5
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
OCTOBER 11, 2005
MINUTES
CALL TO ORDER - Chair John Fields called the meeting to order at 7:05 p.m. at the Ashland Civic Center, 1175 East Main
Street, Ashland, OR 97520.
Commissioners Present:
Absent Members:
Council Liaison:
Staff Present:
John Fields, Chair
Michael Dawkins
Dave Dotterrer
Allen Douma
John Stromberg
Olena Black
Russ Chapman
Mike Morris
Jack Hardesty
Bill Molnar, Interim Planning Director
Maria Harris, Senior Planner
Mike Reeder, Assistant City Attorney
ANNOUNCEMENTS - Kerry KenCairn resigned from the Planning Commission. Fields expressed his thanks for her hard work.
APPROVAL OF FINDINGS
Approval of the Findings for 510 Granite Street will be reviewed later in the meeting.
Black/Stromberg m/s to approve the minutes of the September 13,2005 Regular Meeting. Voice Vote: Unanimously
approved.
Black/Douma m/s to approve the minutes ofthe September 13, 2005 Hearings Board. Voice Vote: Unanimously approved.
PUBLIC FORUM - No one came forth to speak.
PLANNING ACTION: 2005.01674
SUBJECT PROPERTY: 11 First Street
OWNER/APPLICANT: Ron & Carrie Yamaoka
DESCRIPTION: REQUEST FOR A SITE REVIEW APPROVAL FOR A THREE.STORY, MIXED.USE BUILDING COMPRISED OF
RESTAURANT SPACE, OFFICE SPACE AND TWO RESIDENTIAL UNITS FOR THE PROPERTY LOCATED AT 11 FIRST STREET.
THE PROPOSED BUILDING IS APPROXIMATELY 4,500 SQUARE FEET IN SIZE, AND IS LOCATED IN THE DOWNTOWN AND
DETAIL SITE REVIEW ZONES. A TREE REMOVAL PERMIT IS REQUESTED TO REMOVE FOUR TREES SIZED SIX INCHES
DIAMETER AT BREAST HEIGHT AND GREATER.
Site Visits and Ex Parte Contacts
Stromberg had an informal site visit. He saw the headline in the newspaper a few days ago referring to the project and felt it
was an attempt to influence the commission and therefore did not read the article.
Douma read the article and did not have the same conclusion Stromberg had. He has walked by the site and is familiar with it.
Black had no ex parte contact.
Fields and Dawkins are familiar with the site.
Chapman and Dotterrer had a site visit.
STAFF REPORT
Harris reported the approval criteria are in Chapter 18.72 and four sections of Site Design and Use Standards ~ Detail Site
Review, Downtown Design, and Historic District Design Standards. There is also a request for a Tree Removal Permit under
Chapter 18.61.
Harris gave a brief history and description of the property as outlined in the Staff Report. She showed the landscape plan.
Harris showed the site plan. The application involves the demolition of the existing building to construct the proposed 4,536
square feet. The ground floor is for a restaurant, the second floor for offices and the third floor for two resid'~ntial units. The
proposal is to set back the planters six feet from the property line for a wider sidewalk area. The applicant plans to remove the
cluster of trees growing against the retaining wall.
With regard to the approval criteria, restaurant and offices uses are permitted uses, and residential units are Special Permitted
Uses. Setbacks from the property lines are not required. Public utilities are available to the site. Access for both vehicular and
pedestrian traffic can be made.
The upgrade on the sidewalk is required as far as the Street Standards. Currently there is a five and one-half foot sidewalk in
place that is from the back of the curb to the property line that continues in both directions on First Street. It is a pretty narrow
width to accommodate a tree well and a walking area. The current standard is six feet clear width between the back of the tree
well and the planter.
Harris talked about the building design. The building is traditional architectural style. It is oriented to First Street with an
entry alcove on the ground floor accessed from the public sidewalk. It is generously sized in both width and depth and
accented by the textured plaster of both the pilasters and the arch above the door. The building has a strong vertical
orientation. It is a two-paneled building separated by the column features. The vertical rhythm is continued with the treatment
and alignment of the windows on the second and third floors. The ground floor gives a storefront appearanct: with an
appropriate percentage of windows. The building has a base and a cornice as required. The alley building elevation shows a
higher level of architectural detail to create interest along the alley. The building depth from the front to the back of the
building is 58 feet. The rear of the building has an elevator. There is a lift to the elevator. Harris showed the west elevation
that faces Main Street. The applicant wrapped around some of the details and horizontal lines and columns lin accordance with
the Historic Commissions' suggestions.
There are two other items to note in the Staff Report to consider. With reference to the 1988 Downtown Plan, Will Dodge
Way is defined as a pedestrian activity area calling for enclosing the alley with at least two story buildings on Lithia Way to
create "an intimate atmosphere." The plan describes downtown housing specifically in upper stories and describes residential
units as an asset for security reasons and offering independence from the automobile. When the Commission is applying the
approval criteria, the way the policies are on the books in the existing Downtown Plan are through the provision that residential
uses are allowed as Special Permitted Uses. There is a 40 foot height limitation which allows multiple stories and the
Downtown Design Standards call for multi-story development in downtown. Secondly, with regard to the Tree Removal
Permit, the arborist's report states that eventually there will be damage to the retaining wall so the applicant is arguing these are
hazard trees.
The Historic Commission's minutes were handed out to the Commissioners. They recommended approval of the application
with four recommendations concerning elevator location, the type of brick, a contemporary treatment for the column base and
they requested samples of the exterior building materials and colors with the building permit. There was a lengthy discussion
at the Historic Commission regarding imitations.
The Tree Commission recommended using a different tree choice for the street tree.
Harris addressed the vision clearance area as noted by Stromberg. On the comer of an intersection or street next to alley, the
comer area is supposed to be free of obstructions that are greater than two and one-half feet in height, whether it is a sign,
landscaping or structure. When Staff initially reviewed this, they used the comer of the alley and went ten feet back and 25
feet across and it met the vision clearance standard. Harris said after another look, by using the plain language interpretation of
the ordinance, there is a little comer of the building that is about 18 square feet in size that does intrude into the vision
clearance area. At this point, Staff would recommend continuing the hearing because Staff has not had a 10lt of time to review
the ordinance. The vision clearance requirement is addressed in three separate chapters in the land use ordinance. This is
another regulation that is in conflict with the Design Standards and the Downtown Design Standards. The Historic District
Standard says to maintain the historic fac;ade line of the streetscape by locating front walls of new buildings in the same plane
as the fac;ade of adjacent buildings. Under the Downtown Design Standards, it says buildings shall maintain a zero setback
from the sidewalk or property line. If it does apply, continuance will give the applicant additional time to redesign the
building. If the design changes, Staff would recommend the applicant go back to the Historic Commission and back to the
Planning Commission. Harris said the new building will be set back 11 feet, making it five and one-half feet further away than
the existing building.
ASHLAND PLANNING COMMISSION 2
REGULAR MEETING
MINUTES
OCTOBER 11, 2005
Molnar referred the Commissioners to 18.72.l20C1-Controlled Access Standards. This section came about because vision
clearance is a public safety standard. In the past, Staff has used some flexibility in applying the standards based on right-of-
way widths. In the 1990's when they modified the vision clearance standards, they precluded the option of applying for a
Variance. It is clear the measurement is from the lot line.
Dotterrer said one section of the ordinance talks about intersection of property lines and the other talks about intersection of an
alley and street. Molnar said Staff thought it implied that the street is at the edge of the right-of-way. DottelTer believes the
intent of the ordinance was to provide enough vision clearance, ten feet along the alley and 25 feet along the street. The
application seems to meet the intent.
Harris noted that Staff also looked at potential redevelopment along the whole block face.
PUBLIC HEARING
TOM GIORDANO, 2635 Takelma Way and BILL EMERSON, 90 Fifth Street, are representing the applicant.
Giordano thought their project has been described in detail with their graphics shown and narrative. They will focus on vision
clearance and answer questions.
Dotterrer asked about the Historic Commission's question about moving the elevator core. Emerson said the lot is 30 feet
wide. The entry is half of the building width and half of the entry is a stairwell. Once the elevator is next to the stair, more
than half the building is used and that is the reason for the putting the elevator in the rear. They will look at eliminating the lift
from the rear and using a corridor from the front, but only if they can get the same amount of seating in the restaurant. He has
tried to make efficient use of the space.
Emerson noted vision clearance is listed in the following four places in the ordinance: 18.68.020, 18.92.070B, 18.72.120C,
and 18.08.820. The existing structure will be demolished and is taking up more space than the proposed building. He thought
with the street being the curb, it would allow their design. With regard to the vertical clearance, he believes they have
complied.
Giordano believes if the Planning Commission likes the project, they can approve it. In past years, they have used the curb as
the demarcation of where the vision clearance should be. It is contrary to the development standards as the original building
encroaches into the vision clearance and the building across the alley encroaches into it. It seems the development pattern of
the alleys is contrary to how it is written in the ordinances. There is no parking on the proposed building sidle of the street so
there will not be an impairment of parked cars along that side of the street. They are improving the situation from what is there
now. If a standard is going to be used, he feels it should be the standard in 18.68.020. He believes there is enough looseness in
the ordinance that the Commission could approve it as it is. However, if they decide they cannot approve it, he believes they
could use the General Regulations definitions and make it a condition of approval of the project with the provision the
applicant goes back to the Historic Commission showing any design changes that will be needed if they have to cut off a
portion of the building.
COLIN SWALES, 461 Allison Street, passed around drawings of buildings in that block. He is stunned that at no stage has it been
noted that this building is one of only two on First Street that is a primary contributing structure on the Downtown National
Historic Registry. This is one of the few resources we have. He noted they are single story buildings. The lot is tiny.
Swales said "street" includes the pedestrians that use the public right-of-way, and automobiles. We have the vision clearance
so the cars and trucks can see the pedestrians crossing in front of them. It is too bad the applicant has not incorporated outdoor
seating to take advantage of the morning sun.
The Historic Design Standards show what to avoid. A void tall buildings surrounded by other historic structures that are of less
scale. The proposed building is large and out of scale. The reason we have our historic downtown on the National Register, is
to preserve the historic downtown buildings and this is one of them. With a narrow pedestrian alleyway, Swales would
envision a two-story building and getting pedestrian entry from the comer (alleyway). There are numerous examples of angled
comers that meet the street. Why couldn't the pedestrian entry be on the lower side of the building?
Black said there is nothing historic looking about the old B&G sandwich shop. Swales said it has a bulk and scale that is
contributing. Nothing says it has to be demolished and redeveloped. If we are going to continue scraping these resources, they
why are we pretending we want a Historic District?
ASHLAND PLANNING COMMISSION 3
REGULAR MEETING
MINUTEShOCTOBER 11, 2005
Chapman asked Swales in what areas should we allow a three story building. The property owner is developing the land
according to the City's standards. The downtown is where we want the efficient use of the land and to have commercially
viable space. The downtown is where we conduct our business.
ERIC NAVICKAS, 711 Faith Avenue, spoke in favor of the proposal. The applicants have shown what we can do with a 4500
square foot building and what it looks like. It is scaled somewhat appropriately.
Staff Response - Harris said "primary contributing status" is detailed in the Staff Report. The meaning of "primary
contributing" in terms of the National Register listing is that there are enough architectural features still intact on the exterior of
the building to relate it to when it is built. The nomination on this building speaks to the combination of stucco and brick. It is
left up to the local jurisdiction to change, adapt or demolish a primary contributing structure.
Stromberg addressed the "imitation" comments from the Historic Commission. Does Harris think there is enough distinction?
She responded that in these instances, Staff defers to the Historic Commission as they have enough expertise to make that call.
They felt the building is different enough from turn of the century architecture to distinguish it as being built now. The subtle
changes on this building are enough that it can be recognized as being from this time period.
Reeder said the standard that applies is 18.72.120. It could be interpreted to mean measure to the curb or all the way to the
edge of the right-of-way (property line). He can see an interpretation either way.
Dotterrer read the definition of street and it includes the sidewalk.
Rebuttal- Giordano said ifthere is going to never be another building built in Ashland, he would agree with Swales. The
Historic Commission looked at the existing building and they found nothing architecturally that has anything to do with the
original building. The Historic Commission did not have a problem with demolition of the existing building. Giordano a
remodel and addition would give only half the square footage and cost as much as a new building. There is a lot of articulation
to the building. The existing building feels too close to the street.
Emerson said he has spent most of his life in Ashland and has been on the Historic Commission twice. He is glad we have a
Historic District Register. He had the idea that a new building would have some character. His engineer said there is no way
to add a second floor to the existing building.
Harris suggested a revised Condition 10 by adding a sentence, "That the sidewalk shall be six feet in clear width as measured
from the back of the tree well to the outside of the planter as shown on the site plan dated 9/9/05." There is some discrepancy
between what was described in the findings for the sidewalk improvement and what was shown on the site plan.
Condition 16 talks about the plant material in the front planter. The Tree Commission said with regular maintenance, it
shouldn't be a problem. The Condition could be deleted.
Condition 19 can be deleted because the applicant did not receive a letter from the neighboring property owner.
In the second sentence of Condition 21, it should say "steps, landings, planter and footings."
Change the second word in Condition 14 to "the." Change the word "sigh" in Condition 26 to "sign."
Change Condition 23 to "no tinting on the front and alley side of the building..."
Giordano believes Ashland needs an urban design plan as part of the comprehensive plan showing how they want the
downtown and surrounding this development. A lot of these questionable issues could be decided before an action comes
before the Commission. He sees it as getting more problematic as time goes on.
COMMISSIONERS' DISCUSSION AND MOTION
Fields said if the vision restriction is serious and the building should be held back to the property line for future development,
that would preclude the Commission from making a decision. The issue is: When you pull up to the comer can you see up the
street?"
None of the Commissioners had any issues with the building design.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
OCTOBER 11, 2005
4
Stromberg said he'll vote against the application because of vision clearance because he understands the vision clearance
should be measured from the property comer.
Dotterrer disagreed. The ordinance talks about "along the alley" and "along the street." From his reading he doesn't believe it
matters about the right-of-way, but vision along the street. He believes it meets the law. Chapman, Black and Dawkins agreed.
Douma agreed and doesn't want to force buildings further off the streetscape.
Fields noted that as things have been done over time, it gets unclear in the wording. He is looking at a more prescriptive look
at the downtown. We should be able to take the letter of the law and hold each project accountable to it. He is assuming we
have the latitude to decide intent.
DotterrerlBlack m/s to approve PA2005-0l674 with the added sentence for Condition 10, changes in the wording to Condition
14, deletion of Conditions 16 and 19, the added words to Conditions 21 and 23 and correction to Condition 26. Roll Call:
Douma, Chapman, Dawkins, Douma, Black and Fields voted "yes" and Stromberg voted "no."
APPROVAL OF MINUTES AND FINDINGS - Douma/Black m/s to approve the Hearings Board minutes of the September 13, 2005
meeting. Douma/Black m/s to approve the findings for P A2005-0 1477, 510 Granite Street. The minutes and findings were
approved.
OTHER
Douma brought up the Type II planning action heard before the Hearings Board today stating he and Dawkins served on the
Hearings Board and were interested in calling the action up to the Full Commission. Molnar said they are allowed to do so.
After thinking about it, Dawkins said it makes more sense to bring the action back to the Hearings Board. His issue is more
philosophical and deals with infill. He would like the Commission to have a discussion on it. Stromberg asked Dawkins to
bring the Commissioners some discussion points so they can have a discussion. Dotterrer hoped Staff could put together some
background on what we have done historically with infill.
DOWNTOWN PLAN - The committee will be interviewing consultants on the Thursday.
COUNCIL - The planning action for the partition on Liberty Street has been appealed to the City Council They will review it
on October 18th at the Council. Conservation Density Bonus will come before the Council Study Session on Thursday, from 5
to 6:30 p.rn.
ORGANIZATIONAL AUDIT - There has been so much interest that they will be holding two more focus groups the first week of
November during Zucker's visit.
PLANNING DIRECTOR SEARCH - Douma said he would like the consultant to share all the information they collect about what
the citizens and elected officials want in a planning director. The consultants planned to just write a summary. He believes the
information could tell a lot about what the community wants.
VICE CHAIR - We need to vote for a new Vice Chair to take KenCairn's place.
ADJOURNMENT - The meeting was adjourned at 9:30 p.rn.
Respectfully submitted by
Susan Yates, Executive Secretary
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
OCTOBER 11, 2005
5
~-,
.t Ashland School District
CITY Of
ASHLAND
Ashland City Council, Ashland School Board,
and Ashland Parks and Recreation Commission
Joint Meeting Minutes
September 8, 2005, 7:00 pm
Civic Center, Council Chambers, 1175 East Main Street
Attendance:
City Councilors Chapman, Hartzell, and Jackson were prestmt.
Mayor Morrison and Councilors A. Amarotico, Hardesty, and
Silbiger were absent.
School Board Members Alexander, Amrhein, Marr, Parker, and
Patton were present.
Parks Commissioners Eggers, Gardiner, Lewis, and Rosenthal
were present. Commissioner D. Amarotico was absent.
Staff:
GINO GRIMALDI, CITY ADMINISTRATOR
JULl DICHIRO, SCHOOL SUPERINTENDENT
DON ROBERTSON, PARKS DIRECTOR
I. CALL TO ORDER
Mat Marr of the Ashland School Board called the meeting to order at 7:00 pm at Council
Chambers, 1175 East Main Street in Ashland, Oregon.
II. INTRODUCTION AND AGENDA REVIEW
Gardiner reported on the process used in creating the meeting agenda, stating that a
representative from each entity proposed topics that were important within their
organizations. Representatives included Marr from the Ashland School Board, Hartzell
from the Ashland City Council, and Gardiner from the Ashland Parks and Recreation
Commission.
The combined group agreed to add, at the bottom of the agenda, item VI-b: "Discussion
on Hurricane Katrina Relief."
III. APPROVAL OF MINUTES
Group members requested the following amendments to the meeting minutes from July
28: Add Juli DiChiro as present; correct the spelling of Amy Amrhein's and JoAnne
Eggers' names; include the addendum referencing the numbering system re~erred to
within the minutes (Note: the referenced list was later sent as an email attachment); and
strike Littleton as being absent (she was no longer a board member).
Rosenthal moved to accept the minutes as amended; Alexander seconded. The minutes
were accepted with noted amendments.
Joint Meeting Minutes
Page 1 of 5
IV. PUBLIC INPUT
Linda Richards, 245 East Nevada Street, spoke of the value of preserving the school
playgrounds as neighborhood parks, noting that her son grew up in and around the
Briscoe School grounds and that she is aware of the ongoing efforts by parents, school
administrators, and teachers to protect those resources.
Melissa Mitchell Hooge, 271 High Street, speaking on behalf of "Save Our Schools and
Playgrounds" (SOSP), expressed appreciation for the work of the combined boards and
strongly urged the Parks Department to restore their responsibility for maintaining the
school grounds throughout Ashland. She reported on the work of the volunteer cleanup
crews that joined together on August 20 at both Lincoln and Briscoe Schools and thanked
the people who participated in the work and the businesses that supported those efforts
with donations of food, water, and gift certificates for the workers. She announced that
the cleanup events will be held on the first Saturday of every month until a decision can
be made as to the future maintenance at Lincoln and Briscoe School grounds. Finally, she
expressed concern about the inadequate water supply being provided to trees and grounds
at the two locations and about the future health of those areas.
Paul Copeland, 462 Jennifer Street, stated that he participated in the August 20 cleanup
and voiced his concern about the future of the trees and plantings at those locations. He
proposed a potential lease by Parks of the playing fields in exchange for maintenance.
Carol Voisin, 908 Fox Street, speaking on behalf of the Housing Commission, expressed
concern about the lack of affordable workforce housing in Ashland and said that the
situation has reached crisis proportions. She stated that the biggest issue associated with
the problem is the lack of land in this area, and she asked the school board to find the will
to engage in this crisis and to consider the possibility of allocating some of its available
land for affordable housing and workforce housing.
V. STRATEGIC PLANNING SESSION I
Public Land as Shared Assets
Gardiner referenced his written statement, explaining that, at a past study session,
members ranked topics in terms of importance and determined the critical nature of the
issue of public land as shared assets. His statement referenced the publicly owned lands
that benefit Ashland's entire population and asked how best to cope with the potential
loss of those lands.
Group members asked questions and made comments, including:
· How do we find a mechanism for allowing the public to use school district
property, with the school district being compensated for that use?
· How do we embrace shared values and/or maximize use of public lands for
common purposes such as emergency responses?
· How does SOU factor into the topic of public land as shared assets?
· How do we avoid buying the school grounds, since they have already been
purchased by the city and its citizens through taxes?
· How do other Oregon cities deal with matters relating to purchases of vacant
schools/land; what precedents have been set within the state?
Joint Meeting Minutes
Page 2 of 5
.
Would it be possible or practical to share lands and properties without purchasing
them, in exchange for maintenance?
Talked about the informal past agreement between Schools/Parks and the
possibility of formalizing it in the future.
How do we find a creative mechanism (lease? ownership? deed restriction?) to
forge a long-term agreement between Schools and Parks, with the notion that we
are dedicated to looking at the highest and best use for parks and open space for
the benefit of the citizens of Ashland?
Which entity would take responsibility for making this happen?
.
.
.
The discussion led to the creation of a Steering Group consisting of members from each
body, for the purpose of determining whether the highest and best use for Lincoln and
Briscoe Schools would be as open space. The group agreed to meet and develop "next
steps." Steering Group members include:
· Amy Amrhein-School District
· JoAnne Eggers-Parks Commission
· Alex Amarotico---City Council
Housin2; (Workforce. Affordable)
Hartzell read her summary of housing concerns and announced that a two-county summit
on workforce housing is scheduled in February of 2006 in Grants Pass.
The group agreed to begin thinking about a joint effort around workforce housing and the
funding of the Housing Trust Fund. It was suggested that a Housing Commission liaison
from each body (specifically Schools and Parks) would be helpful in moving the process
forward.
Comments and questions included:
· How do we, as a city, become more creative in developing solutions to the
housing problem in Ashland? Perhaps by creating smaller dwelling units - in
cooperation with the Planning Department.
· Should we consider using public lands (as in parking lots and school lands) for the
purpose of building smaller units? Would the School District be interested in
using their lands as housing sources?
· Would the Parks Commission consider allocating some of its parks purchases for
potential housing options?
· Can the School District make affordable housing one of its considerations while
planning for the long-term future of school property inventories?
· How can we influence the situation and not let demographics control us?
· How would affordable housing subsidies be delivered? How would we avoid
creating inequities among the lower income population?
· How do we encourage people to get involved with the existing Housing
Commission?
The group agreed to appoint a liaison to the Housing Commission at its next joint study
session. That person will work with Hartzell, Council Liaison to the Housing
Commission.
Joint Meeting Minutes
Page 3 of 5
Transportation Campai2n
Marr summarized his transportation statement, articulating that the most important
contribution families could make (to relieve congestion on city streets) would be to use
the school bus system. He stated that research on alternative transportation has been
conducted, but that marketing efforts are needed so that people become aware of the
significant investments the city has made to promote non-motorized vehicle
transportation options.
Comments and questions included:
· Members talked about encouraging carpooling, using public transportation and
school buses, and both the "walking school bus" and the "rolling school bus"
options for getting kids to school.
· "Car Free Day" was announced, scheduled for September 22, which will include
several events at which people will be encouraged to use non-motorized ve:hicle
alternatives to transportation.
· How can the city ensure that bike lanes are kept clear for cyclists?
· How do we encourage greater bus use within the city?
· How do we encourage extending the number of hours buses are available to
patrons within the city?
· Members were encouraged to look for ways commissions could continue working
together on events, such as in the case of the Bike Swap and Car Free Day (Parks
and Recreation Commission and Bicycle and Pedestrian Commission).
· How do we appeal to the two biggest users of public transportation~seniors and
school children?
· There was consensus to make alternative transportation promotion a city-wide
goal in the next year, with a focus on students.
Members were encouraged to attend Bicycle and Pedestrian Commission meetings,
scheduled for the third Thursday of every month at 5: 15 PM~at the Siskiyou Room in
the Shakespeare building.
Measure 37 (Impact on Growth)
Due to time constraints, this matter was tabled until the next meeting. Members were
asked to consider the following questions when preparing for this discussion:
· What is this? Define it.
· Where are we at?
· What do we want to accomplish?
· How do we move forward?
· What is needed from the other groups?
VI-a. DISCUSSION OF NEXT STEPS
These matters were considered during discussions of each item.
Joint Meeting Minutes
Page 4 of 5
VI-b. HURRICANE KATRINA RELIEF EFFORTS
Group members discussed how to assist, city-wide, with the relief efforts in the Gulf
States, and whether it would be practical to promote or implement fundraising at that
level, or instead to encourage individual and small-group fundraising and support.
Hartzell agreed to spearhead an effort to develop a relationship with the flood and
hurricane-ravaged areas, and to find ways to best support recovery efforts. A community
meeting was proposed, at a date and time to be determined.
VII. SET AGENDA FOR NEXT MEETING
· Hear reports from subcommittee members on the items discussed.
· Add three additional items from the list generated at the initial joint meeting.
· Meet again on Thursday, November 17, at 7:00 pm-Council Chambers.
VIII. ADJOURNMENT
Marr adjourned the meeting at 9:20 pm.
Joint Meeting Minutes
Page 5 of5
MEMORANDUM
DATE:
November 9, 2005
TO:
FROM:
City Council Members \.. ^
Mayor John W. Morrisond \
Appointment to Bicycle & Pedestrian Commission
RE:
November 15, 2005 Council Meeting
Please confirm my appointment of David Y:mng to the Bicycle & Pedes~rian
Commission for a term to expire April 30, 2008.
Attached is a copy of David Young's application, and a copy of the advertisement as it
appeared in the Daily Tidings. The vacancy was also advertised on the City's Web site,
and on the notice board in City Hall.
Attachments
City Recorder, City Hall
20 East Main 8t.
Ashland, OR 97520
RECE\VED:
() r' l' '~r,... ';,. 2005
L ~.
October 28,2005
',," ,...
RE: Bicycle and Pedestrian Commission Vacancy
Hello,
Please accept this letter and attached resume as evidence of my interest in serving, once
again, on Ashland's Bicycle and Pedestrian Commission.
Having served in the past as a member and chair (see resume), as well as serving on the
Siskiyou Blvd. Ad Hoc Citizens Committee, I feel that my experience and dedication to
the issues addressed by the commission would be a useful addition. I am particularly
interested in safety and education as they pertain to cyclists and pedestrians, and have a
long record of facilitating communication between other city agencies and commissions.
I look forward to the opportunity to serve.
Sincerely,
(eJI) fl-f/
David Young
747 Oak St.
Ashland, OR 97520
541-488-4188
dyoung(ii),i effnet. org
RESUME
DAVID GARY YOUNG
747 Oak Street
Ashland, OR 97520
Phone: 541-488-4188
dyoung@yeJrnetorg
EDUCATION AND TRAINING:
M.A.T. (Masters in Educationffeaching), Southern Oregon University, July, 2002.
B.S. in Political Economy of Natural Resources, University of California, Berkeley, May,
1985.
Certified Emereency Paramedic, Institute of Emergency Medical Services, Denver, Colorado,
1978.
Certified Emereency Medical Technician, Institute of Emergency Medical Services, Denver,
Colorado, 1977.
SCHOLARSHIPS AND HONORS:
1985 Valedictorian, College of Natural Resources, University of California at Berkeley.
1985 Graduated with honors, UC Berkeley
1984-5 James M. McDonald Scholarship, UC Berkeley
1983-5 Cal Grant recipient
1983-5 Dean's List, College of Natural Resources, UC Berkeley
EMPLOYMENT HISTORY:
2003-present Site Director and Teacher, Fieldguides Outdoor Education Programs,
providing residential outdoor education programs for school groups in
Northern California.
2002-present Elementary school teacher (substitute), Ashland School District and
Phoenix/Talent S.D., including 3 months long-term position as elementary
physical education teacher at Lincoln Elementary School, Ashland.
2000-present Musician. teacher. performer. and choir director, Self-employed
musician and d.j., plus programs with SOU Preschool/Kindergarten,
Lincoln Elementary School, and Temple Emek Shalom, Ashhmd.
2001-2 Student teacher and MAT student (SOU), Phoenix Elementary School,
Phoenix, Oregon. In 4th grade dual language (Spanish/English) classroom.
1993-2000 Director. Youth Garden Grants Program, National Gardening
Association, Burlington, Vermont. (1994-2000, from home office in
Ashland, OR)
1991-94 Founder & Executive Director, and on-site Camp DirectOl::' Camp
Exclamation Point, Inc., Richmond, VT.
1988-91 Residential Proe:rams Coordinator & Camp Director, Vermont
Migrant Education Program, South Burlington, VT
1987-89 Instructor. canoe campine programs, Church Street Center, Burlington,
VT.
Display Ad for Publication on Thursday, October 13, 2005
and Saturday, October 15, 2005 in the Tidings
Just copy and paste into the existing template
Please contact Diana at 488-6002 if any questions
PO #70118
IICllft
Bicycle & Pedestrian Commission
The City of Ashland has one vacancy on the BICYCLE & PEDESTRIAN COMMISSION, one term to expire April
30, 2008. If you are interested in being considered for a volunteer position on the Bicycle & Pedestrian
Commission, please submit your request in writing, with a copy of your resume (if available) to the City
Recorder's office. Additional information regarding this position can be obtained from the office of the City
Recorder or the City's Web site at www.ashland.or.us.
APPLY TO: The City Recorder, City Hall, 20 East Main St., Ashland
APPLY BY: Friday, October 28, 2005
CITY 4DF
AS H Lfl\.N D
Council Communication
Public Art Selection for McGee Memorial
Meeting Date: November 15,2005
Department: Administration
Contributing f1jfrtments:
Approval: Y( C
Statement:
In keeping with the Public Art Commission's policy on selecting public art, a selection panel, independent from
the Public Arts Commission, met in September to review fourteen proposals for the creation of a piece of public
art to honor the McGee and Neil families.
Primary Staff Contact:
ann@ashland.or.us
Secondary Staff Contact Joe Strahl, Karl Johnson, Bill
Molnar, Jim Olson, Mike Franell, Mike Reeder
Ann Seltzer '~
Estimated Time: 20 minutes
The panel selected the proposal submitted by artist Lonnie Feather. The selection panel included Judy Howard
of Hanson Howard Gallery, Lyn Godsey, Arts Council of Southern Oregon, Bren Duvall, representing Naturals,
Debra Ogden and Julie Alves, Ashland residents, Jay Leighton, Historic Commission and Joe Strahl, Public
Works.
The Public Art Commission is asking the council to approve the selection and installation of this piece.
Background:
The City of Ashland received $19,000 from the estate of Everett McGee for the purpose of creating a memorial
to honor longtime Ashland families of McGee and Neil.
The PAC reviewed a number of different locations in downtown Ashland to locate the memorial and selected
the comer of Lithia Way and Pioneer Streets. The location was reviewed by the city's engineering department
to ensure that it would not inhibit site lines for pedestrians and motorists.
The Public Art Commission issued a request for proposal (RFP) inviting artists to submit proposals for
consideration. The RFP included information about the two families and their contributions in Ashland through
their businesses and through public service. The RFP asked artists to respond to the theme Nourishing the
Community. More than twenty artists responded, fourteen met all the criteria defined in the RFP and from the
fourteen the panel made its selection.
After the panel made its selection the piece and location were reviewed again by the engineering division and by
the planning department and the legal department to ensure that the location and the piece would not be in
violation of code related to vision clearance.
Members of the PAC recently made a presentation to the Historic Commission who endorsed the project.
Staff Recommendation:
Approve the selection and installation of Nourishing the Community.
Attachments:
. RFP McGee Memorial
. Proposal from artist Lonnie Feather
. Draft minutes from the November 3 Historic Commission
CITY OF
A.SHLAND
Request for Proposal: McGee-Neill Memorial Sculpture
Nourishin.q Our Community
March 23,2005
OVERVIEW
The City of Ashland's Public Alts Commission invites quali '?ed artists and artist
teams to submit proposals for the design of a memorial sculpture to be installed in an
open area at the comer of an intersection of two streets (Lithia Way and Pioneer) in the
historic center of the downtown area. This memorial project is intended to recognize the
significant civic and business contributions of two families (McGee & Neill) to the City
and community of Ashland.
BACKGROUND
This sculpture is a result of a bequest from the estate of Everett McGee and is
intended to benefit the community as well as be a memorial to the McGee and Neill
families. The site for this sculpture is located in an open concrete-covered area at the
intersection of the primary northerly traffic now in the city and in the core of the historic
city center. The individuals referenced in this memorial include:
E\'erett HelllY McGee, 07/27/1909 (Ashland, OR) - 12/30/2002 (Ashland, OR)
Pi!' Son ofJames McGee & Olive Wing, Husband of Donzella Neill (d. 10/25/95)
and brother of Raymond & Vemon.
fiT Grocer - Lake of the Woods. East Side Grocery (Iowa & Morse), Market
Basket (Siskiyou Boulevard & Beach Street) with Dick Neill (brother- in law.
co-owner). Co-owned Fidegar Building/Pioneer Village Shopping Center
(below the Ashland Armory) also with Dick Neill.
..6 Minister of Phoenix Church of Christ for 10 years
James Henderson AfcGee, 10/21/] 877 (C]arinda, TA) - 08/15/] 972 (Ashland, OR)
~ Husband of Olive Wing (m. 1905), father of Everett
zj Osteopath -- 2 years, Graduated Kirksville. MD School of Osteopathy; Retail
merchant - dry goods of Beebe, Kinney & Drake: McGee's Dry Goods and
Ready to Wear (Elk's Building/Penny's Store)
/ Built 140 E Main building
z Charter member of Chamber of Commerce. Lithians, Mason, Shriner, Elk's
Club. Kiwanis Club, School Board, Ashland City Council
~ Member of Church of Christ
RFP McGee memorial cant.
Ji6 One offirst to build at Lake of the Woods
~ Shakespeare Festival supporter
Richard(Dick)L.Neill,07!l8/1911 (Spokane, WA) ~06/20/1991 (Ashland,OR)
Ji6 Husband to Cora E. McDonald (m. 08/20119(0), Step-Father to Helen
Climpner & Marguaret Louise Khilnani, Brother to Donzella McGee
Ji6 Ashland Mayor (1953 ~ 1968), City Councilor (1949 - 1953'1)
Ji6 Supporter of Presbyterian Church of Medford & Phoenix Fire Department
Rescue Unit
/ Instrumental in Ashland Community Hospital construction
2S Grocer at Market Basket (Siskiyou Boulevard & Beach Street) with Everett
McGee (brother-in law, co-owner). Co-owned Fidegar Building/Pioneer
Village Shopping Center (below the Ashland Armory) with Everett McGee.
Owned & operated Plaza Grocery from 1957 - 1961.
Ji6 Man-of-the-year for Chamber of Commerce in 1968, Director for the League
of Oregon Cities. Director of the Independent Grocer's Association of
Oregon, Resolution from City of Ashland honoring him for contributions to
City,
z; Member of Elks. Masons, Shriners, Past Patron of AI pha Chapter of the
Eastern Star # 1, Presbyteria n Church in Medf(xd
DESCRIPTION
The McGee & Neill families have nourished and helped to sustain this community
both literally ~ through their business - and figuratively through their lifelong service to
the community. Therefore it is appropriate that we continue this tradition by nourishing
the community with a beautiful piece of art that enhances a very visible area at the corner
of two important streets in the downtown area. The artist( s) may ft'eely employ any
materials that will withstand the exposure to weather and allow for people to touch the
work. This includes metals, stone. glass, ceramic, concrete or any other such material that
would be both safe and durable in an outdoor setting. The design may not include
electrical power. pumps, plumbing nor water due to concerns over maintenance and the
potential tor vandalism, The sculpture must be permanently at1ixed to the concrete
ground surface, Specific site criteria are included at the bottom of this document
(Appendices A & C).
BUDGET
This project is funded entirely from a bequest of the estate of Everett McGee and
consists of S 19,000 for the design, fabrication, shipping and installation.
2
RFP McGee memorial cant.
TIMELlNE
The deadline for response to this RFP is 4 pm on Friday August 26. 2005. A 5-
member jury will review all eligible proposals and provide a ranked selection to the
Public Arts Commission (PAC) by September 23,2005. Final approval and awarding of
the commission is contingent upon approval by the City of Ashland City Council shortly
thereafter when the PAC has presented this recommendation to them. The winning artist
will be notified sometime in mid-October, 2005. The PAC is hopetul that the final piece
will be installed by early spring of 2006, and recognizes that extenuating considerations
such as foundry work could dictate when the piece is completed. The PAC will work
directly with the winning artist to determine a reasonable timeline.
ELIGIBILITY
This Request for Proposals is open to all professional artists. Entrants may be
individuals or mtist teams.
SUBMISSIONS
All materials must be received in the City of Ashland Public Arts Commission office
by 4:00 P.M., Friday, August 26,2005. Send submissions to:
City of Ashland
Attn: Ann Seltzer -PAC McGee-Neill Memorial Project
20 East Main Street
Ashland, OR 97520
Submissions must include the following material:
I. Contact intonnation including Name, Address. Telephone and e-mail and the
number of years the artist(s) has been active.
2. A written narrative describing your proposal along with a description of how it
corresponds with the theme for this project.
3. Graphic Rendition or photograph of your design concept, incl uding at a
minimum: Site Plan, Enlarged Plan, and other renderings or details as required to
explain the design.
4. Photographs of up to ten prints. slides or digital images of previous work or
related projects, accompanied by a sheet with descriptions of each work sample.
5. Biographical information, including previous experience, tor all team members
(limit one page per team member). This shall include the name( s) and contact
infonnation of all person(s) who will be responsible for the project with a
description of each person's experience in perfonning the type of services being
requested
6. Include a self-addressed stamped envelope if you wish return of your materials.
7. List of Materials and Installation Guidelines. including step-by-step process for
installation.
8. Proposed Budget for Fabrication and [nstallation
3
RFP McGee memorial
INSURANCE
The selected aI1ist/team ani or installation team is required to cany professional
liability insurance of no less than $500,000 with a maximum deductible of 55,000
SELECTION COMMITTEE
The winning entry will be selected by a Selection Committee consisting of five
people, including a representative from the Ashland Historic Commission, an art
professional (aI1ist, art educator, gallery owner, etc.), an adjacent business or property
owner, a member of the community at large and the final representative will either
represent the McGee and Neill families or be a second member from the community at
large. A member of the Public Arts Commission will facilitate the jury process but will
not cast a vote.
The jury will select the winning entry based upon the following criteria:
1. Overall strength of design concept
2. Ability to engage and delight the community
3. Response to project theme: Nourishill}! our Communitr
4. Sustainability & durability of design under continuous community interaction
5. Artistic excellence and innovation
6. Entrant track record on similar Drojects
For artists submitting design and specify materials and installation the following criteria
applies:
1. Appropriateness of the aI1work to site in terms of scale, form, content and
materials
2. Appropriateness of design solution for the climate and site
3. Appropriateness and availability of materials speci?ed
4. Dependabi lity of aJ1\Vork relative to theft vandalism and the environment
5. Ease of maintenance & safety
4
Appendix A: SITE CRITERIA
A. Site Considerations
All proposed artwork must respect the primary function of the street and
sidewalk, which is to enable the safe and orderly movement of pedestrians
and vehicles. Streets also function as utility corridors, and access must be
maintained for present and future services above and below ground.
Decisions about the placement of art in public rights of way rest with the City
of Ashland Public Works Director. Final site approval is made by the City
Councils or Parks and Recreation Commission depending on site location.
These guidelines outline the City of Ashland Engineering Services' general
considerations for determining the acceptability of public art installations on
City streets and sidewalks.
1. Traffic Considerations:
Public Art:
a. Should not be unduly distractive to motorists
b. Should not interfere with driver to driver, or driver to
pedestrian sightings, and should therefore generally avoid
corner clearance areas
c. Should not unduly obstruct sight of the curb
d. Should not obstruct pedestrian or traffic visibility, nor any
traffic control device
e. Should not interfere with the entrance or egress for transit
buses
f. Should not unduly disrupt curb use activities, Le. loading
zones, passenger zones
g. Should not interfere with the opening of car doors
2. Pedestrian Considerations:
If public art is set in a walking surface:
a. The leading vertical edge should not exceed 1/8" (to avoid
trip hazard)
b. Interior vertical edges should not exceed 1/4"
c. Skid resistance properties should be equivalent to
concrete sidewalks
d. Depressions in the surface should not catch the spike
heels of women's shoes
e. Depression in the surface should not cause water to pool
f. The ground level surfaces of the art must be capable of
supporting the weight of a vehicle (500 Lbs/ft2) without
damage or failure.
g. The ability to maintain adjacent elements of the
streetscape (including the sidewalk itself) must not be
compromised nor reduced.
5
Public Art should:
h. Maintain a minimum sidewalk width based on pedestrian
volumes
I. Minimize the potential for concealment and anti-social
activities
j. Maintain clearance from above, and below ground utilities
Public Art should avoid:
k. Sharp edges, points, projections, or pinch-points which
may cut, puncture or cause injury by impact, catch passing
pedestrian clothing or entrap limbs.
I. Obstructing the function of benches, bus shelters and
crosswalk ramps.
m. Utility access points or valves
n. Obstructing pedestrian access to traffic signal push buttons
o. Overhead parts which present a hazard to pedestrian
traffic (Le. as per minimum sign height)
p. Unsafe climbing opportunities for children/adults
3. Electrical and Mechanical Considerations
a. All electrical, mechanical and engineering components
must by approved by Director of Public Works.
b. All electrical elements and built up electrical devices must
be certified by a professional engineer and upon
completion, sealed. As-built drawing may be required from
the Director of Public Works
c. Any connections to city street lighting circuit must be
approved by the Director of Public Works
d. No connection will be permitted to city traffic signal circuits
e. The junctions of components moving relative to one
another must not create such hazards to people as pinch,
crush or shear points.
6
Appendix B: SITE PHOTOS
7
Appendix C: BASE DIMENSIONS
L E
i a
t s
h t
i
a
48'.
79'.
W
a
y
44'.
29".
50'.
Pioneer Street
South
>
Lithia Way is a one-way, 2-lane section of Highway 99. There is parking on both
sides of Lithia Way.
Pioneer Street is a two-way, 2-lane municipal street with parking on both sides.
There is a sidewalk of varying widths surrounding the location for the sculpture
and a fire plug approximately 10 feet due west of this location.
The surface is concrete and has pre-existing metal anchors permanently set into
it.
The area within the dotted line is sloping from a lower grade up - 3 inches to the
level surface shaded grey. Only the grey area may be used.
8
City of Ashland
McGee-Neill Memorial Sculpture
"Nourishing Our Community"
An Art Proposal By Lonnie Feather
The act of becoming involved in people's lives has been the key for discovering thE! focus of my
creativity, and in understanding my strengths as an artist. I am interested in'the McNee-Neill
Memorial Sculpture as a connection to people, in honoring those who have dedicated their lives
to the growth and encouragement of a community.
Conceot
The proposed artwork is composed of three basalt columns. They will stand from 4' high to
possibly 7'-8' high and will be approximately 20-36" in diameter. These are the fc.rms of ancient
origin, the beginning of life. They remind us of the texture and history of volcanoles and the .
very substance of our landscape, the geologic elements of the Northwest. Brought to this public
space, they convey a monumental aspect and are a subtle suggestion of Stonehenge, implying a
reference to energy and beauty, power and presence, and with a historical reference as a place
of community. They will have holes cored through them and cuts 0/4" wide through the vertical
length with glass imbedded in these spaces. There will also be elements of bronZI:! attached to
surfaces of the stone. Smaller contributing elements of smooth river rocks will bE! in and around
the base of the basalt columns.
Imaaerv
"Nourishing Our Community" is about people, the people who make a difference in our lives.
Lettering will be sandblasted into the surface of the stone leaving a softly, elegantly eroded
image of words....such as support, encourage, community, cherish, nurture. And there will
be rondels of patte de verre glass that have images of hands - giving hands, helpiing hands,
working hands - that are imbedded in the cored holes of the columns.
"Nourishing Our Community" becomes the center of a community gathering place - a reminder
of where we are, rich with meaning and honoring the families who have contribut1ed so much to
the well being of 'place'.
Past Experience
I am a glass artist with many experiences and trained in a multitude of mediums. This proposal
is different from my past projects in public art where I have predominately used ~~Iass as my
medium. It will provide an opportunity to incorporate materials and mediums thclt are
appropriate to this site and to the idea of a 'memorial'. Just because I don't haVE! specific past
experience using stone, please do not assume that I can't handle the project as designed. I am
very competent in consulting with and hiring people who do have experience. I alct as the
general contractor in these situations and seek expert help to manifest my vision.
My experience as an artist who seeks to be involved has introduced me to many l:ommunities
and has also brought me to a variety of projects. I have exhibited internationally, completed
public art projects and collaborations. Some examples of my past work are: the Percent for Art
project at Metro Headquarters Building in Portland, Oregon, where I reached out to and became
involved with community members working at a grass-roots level to make a difference. It was
their stories that inspired my series of thirty glass panels that line the corridor of our regional
government agency. This project demonstrates my skills in developing an artistic concept, my
success in communicating with a variety of constituencies: community members, architectural
teams, city planners and the staff at the Regional Arts and Culture Council, as weill as my ability
to meet budget guidelines, work within time lines and develop complex and technical project
descriptions. While working with the Port City Development Center, I spent a year in
collaboration with developmentally disabled adults and at-risk youth, designing and fabricating
sand carved glass blocks, using images based on their experiences. I feel my strengths in
leading and facilitating communication allowed these diverse communities to meet: each other,
work together, and negotiate the tasks required to reach a common goal: the placement of a
publiC art piece. Our shared experience was life-changing.
Collaboration, Maintenance and Safety
As integral to my process, key people such as the art committee and city engineer, will be
consulted at every stage of the project, They will be informed of final sizes, physical placement
of the sculptural elements, samples of materials and techniques, installation parameters and
details, etc. My experience as an artist in business reflects a capability for creating and meeting
budget guidelines and all important project deadlines.
My proposal meets all of the project goal requirements. The stone and bronze and glass are
virtually maintenance free. The stone, bronze and glass will weather naturally and are safe and
durable in an outdoor setting. The placement of the sculptural pieces and river rOlck will be
designed so as to eliminate any tripping hazards and will not have any sharp edgE!s to impede
pedestrians. They will be adequately imbedded in a cement foundation and securE!d with bolts
that attach to the base and mounted though holes in the interior of the stone columns.
Vandalism is always an issue for publiC art and cannot be absolutely eliminated fmm any
project. No work of art, building, wall, or glass window can be protected from a malicious act.
Each element of this piece is designed to be sturdy and is securely anchored into the cement
walkway of the plaza. The glass is thick enough to sustain a forceful impact.
It is my intent that the creative outcome of this project will bring a lasting investment to the
community of Ashland and as a worthy memorial to the families of McGee and Ne:i11. To
transform a space with beauty and intent is a profound experience that I look fonNard to, and
one that will be exciting and challenging,
48'
7-'1."
I
I
I
I
I
I
I
I
I
L_
to.,"
/
50"
MATERIALS AND INSTALLATION GUIDELINES
An Art Proposal by Lonnie Feather
For the City of Ashland, McGee-Neill Memorial Sculpture
Materials:
3 Basalt Columns approximately 4'-7' high, 20"-36" diameter
Patte de Verre glass rondels (with imagery) imbedded in bored holes in stone
3/4" plate glass inserts
V2" bronze sheeting as attachment to stone columns
Assortment of river rock
Installation:
The basalt columns will be mounted in a cement foundation with 1" bolts that
extend into the interior of the stone (that have been cored to accommodatE! the bolts).
These bolts will extend 4' into the stone. An engineer will be consulted to confirm
structural adequacy.
The river rocks at the base of the columns will be cemented into the foundation.
The stones will be moved from my studio to the site and set in place by a
professional stone mason. A lift will be required (and provided by the stonle mason) to
set the stone in place.
BUDGET FOR FABRICATION AND INSTALLATION
An Art Proposal by Lonnie Feather
For the City of Ashland, McGee-Neill Memorial Sculpture
Materials:
Basalt Columns
River Rock
Patte de Verre rondels
Bronze sheeting
Plate glass inserts
$4,000
200
$ 500
$ 300
$ 200
$5,200
Total Materials
Installation:
Transportation to Site
Stone Mason
Cement Contractor
Miscellaneous materials
Total Installation Costs
$ 500
$2,000
$1,000
$ 300
$3,700
$10,000
Artist Fees:
TOTAL PROJECT COSTS
$19,000
CONTACT INFORMATION:
Lonnie Feather
1415 S.E. Tacoma Street
Portland, OR 97202
503-234-6642
FAX 503-235-5894
Lfeather@ spiritone.com
Working as an artist since 1981
LONNIE FEATHER
1415 S.E. Tacoma Street, Portland, OR 97202
503.234.6642 I 503.235.5894 FAX
Lfeather@splrltone.com
ARTIST RESUME
Baccalaureate, Portland State University. Recognized with the Coming Award as outs1tanding student
while studying at the internationally renowned Pilchuck Glass School. Awarded public art projects as
part of the Percent for the Arts program, a corporate commission for Delta Airlines Crown Room,
Portland, OR, developed fund raising and publiC art project for Port City Development Genter working
with developmentally disabled adults and at-risk youth (installed at Juvenile Justice Center, Portland,
OR); and recipient of various awards.
Education:
Bachelor of Arts - Art: Drawing with Honors 1987
Portland State University, Portland, OR
Experimental Processes, Mary Ann "Toots" Zynsky 1984
Pilchuck Glass School, Stanwood, Washington
Stained Glass, Susan Stinsmuehlen 1983
Pilchuck Glass School, Stanwood, Washington
Hot Glass Program, Anthony Parker 1983
Mt. Hood Community College, Gresham, OR 1982
Stained Glass, Paul Marioni 1981
Pilchuck Glass School, Stanwood, Washington
Commissions and Public Art Projects and Rosters:
Washington State Arts Commission, Arts in Public Spaces Pre-Qualified Artist Pool 2005
Culver Event Center, Culver City, CA (project postponed) 2005
Multnomah County Juvenile Justice Center Mural, Portland, OR 2003
Lake Oswego Foundation of the Arts, Door Project, Lake Oswego, OR 2003
Los Angeles Police Department Pre-Qualified Artist Pool of 2003 2003
Lake View Village, Lake Oswego Arts Commission, Lake Oswego, OR 2003
Oregon State University, McNary Dining Hall, Corvallis, OR 2002
University of Oregon, Zebrafish Facility, Eugene, OR 2000
Paramount Graphics, Beaverton, OR 1999
University of Oregon, ERB Memorial Center, Eugene, OR, Public Art Project 1998
Juvenile Justice Center, Portland, OR 1996
Public Art Project sponsored by Port City Development Center
Arizona Center for Health and Medicine, Phoenix, Arizona 1995
Delta Airline, International Crown Room, Portland, OR 1994
Metro Headquarters Building - Public Art Program, Portland, OR 1993
Awards:
First Place Award - Napa Town and Country Fair Juried Art Exhibition 1990
Best in Class, Merit Award - Marin County Fair Juried Art Exhibition 1990
Outstanding Woman Artist of Solano County, Awarded by Am. Association of Univ. Women 1989
Coming Outstanding Student, Pilchuck Glass School, Stanwood, Washington 1983
Jurors: Dale Chihuly, Paul Marioni, William Morris
Pilchuck Scholarship, Pilchuck Glass School, Stanwood, WA 1983
Finalist, Glassmaster Guild, New York 1982
Selected Solo Exhibitions:
Gallery 76, Wenatchee Valley College, WA 1999
Bush Barn Art Center, Focus Gallery, Salem, OR 1997
Mesolini & Amici Gallery, Seattle, WA 1997
Valley Art Association, Forest Grove, OR 1996
Littman Gallery, Portland State University, Portland, OR 1996
Mesolini & Amici Gallery, Seattle, WA 1995
Firehouse Gallery, Rogue Community College, Grants Pass, OR 1995
Art Options, San Francisco, CA 1994
Fireplace Gallery, Mt. Hood Community College, Gresham, OR 1994
Art Options, San Francisco, CA 1991
Selected Group Exhibitions:
Brooklyn to Sellwood Open Studios, Portland, OR 2004
Korean*American Women Artists, Littman Gallery, Portland, OR 2004
Lake Oswego Arts Chronicle, Lakewood Center for the Arts, Lake Oswego, OR 2004
Portland Open Studios, Portland, OR 2002
Women's Caucus for Art, "Women & Violencen, IFCC, Portland, OR 20021
'Korean-American Women Artists', Daegu-Portland Invitational, Daegu, Korea 2001'
Bainbridge Arts and Crafts, Bainbridge, WA 2000
Lake Oswego Arts Chronicle, Lake Oswego, OR 2000
Portland Open Studios, Portland, OR 1999
Philabaum Contemporary Art Glass, "Disparities IIIn 1999
Chemeketa Community College, Salem, OR, "American Portfolio II" 1999
Trios Gallery, Solana Beach, CA 1996
White Bird Gallery, Cannon Beach, OR 1996
Philchuck Glass School 25th Anniversary Open Studios 1995
State of the Arts, Olympia, WA, "Glass Art-Edge to Edge" 1994
Art Trek, Portland, Art Museum, Portland, OR 1994
Buckley Center Gallery, University of Portland, Portland, OR 1993
Women's Caucus for Art, National Juried Exhibition, Seattle, WA 1993
Chemeketa Community College, Salem, Oregon; "Glass Directions 1993n 1993
Artquake Visual Arts Gallery, Portland, Oregon 1992
ProArtslGuerrilla Gir1s West, "Save the Penis", Oakland, CA 1991
Art Options, San Francisco, CA; "Glorious Glass * Ceramic Sculpture" 1991
Marin County Fair and Exposition Juried Art Exhibition, San Rafael, CA 1991
Business Volunteers for the Arts, Oakland, CA 1990
Napa Town and Country Fair Juried Art Exhibition 1990
Napa,CA ('Current Times'-First Place Award)
Marin County Fair and Exposition Juried Art Exhibition; San Rafael, CA 1990
('Current Times'-Best in Class, 'Fragments'-Merit Award)
The Art Gallery, Lower Columbia College, Longview, WA, "Current Trends" 1990
Philabaum Glass Studios and Gallery, Tucson, AZ, "Southwest Glass Invitational III" 1990
Fairfield Regional Juried Art Show, Fairfield, CA, ('Current Times'-Award) 1989
Philabaum Glass Studios and Gallery, Tucson, AZ, "Southwest Glass Invitational II" 1989
Littman Gallery, Portland State University, Portland, OR, "Oregon Women Artists '89" 1989
NW by NW, Ladd Circle Gallery, Portland, OR, "Crafts Celebration" 1988
Portland State University, Portland, OR, "Second Annual Shoot Out" 1986
O'Connell Gallery, Portland, OR, "Fall Glass Preview" 1984
Timber1ine Lodge, Government Camp, OR; "Glass at Timber1ine" (Invitational) 1983
5th Annual MESC Art Exhibit, Gresham, OR (Juried) 1983
Carnegie Art Center, Walla Walla, WA (Group Glass Show) 1982
Clackamas Community College, Oregon City, OR "Glass" 1982
Glassmasters Guild, New York, 5th Annual Art Glass Competition ('Fragile Ones'-Fim:llist) 1982
LONNIE FEATHER
Annotated Slide Sheet
Lake View Village, Lake Oswego, OR
Administered by the Lake Oswego Arts Commission
"The Awe and Wonder", Series of Glass Panels, Sandcarved and Painted Installed 2003, $20,0010 Commission
The essence of our relationship to the universe - the awe and wonder of life.
SLIDE 1.
SLIDE 2.
"The Awe and Wonder"
Detail
5'x18'
Sandblasted glass, mixed media
Delta Airline Crown Room, Portland International Airport, Portland, OR
Dull, Olsen, Weeks Architects, Private Commission, Installed 1994, $12,000 Commission
While working for Delta Airlines on a 10' x 10' glass wall for the Portland Crown Room, the designer, Tammie
Madden, and Lonnie Feather worked successfully together to create a piece that offers a richness. intimacy and is a
show piece for the main reception area. Design concept, fabrication and installation by artist.
SLIDE 3.
SLIDE 4.
Delta Crown Room
Delta Crown Room Detail
1 O'x1 O'x6"
Glass, mixed medial
Multnomah County Juvenile Justice Center, Portland, OR
Administered by Regional Arts and Culture Council, Portland, OR in collaboration with Port City Development
Center and Multnomah County Department of Juvenile Community Justice
"Learning to Fly", Series of Four Glass Panels Installed 1997, $32,000 Commission
A year long project that intersected the lives of developmentally disabled adults and at-risk youth in a project where
they developed an artistic concept, created individual glass blocks during their conversations togeth'er about where
they live and the important people in their lives, and fabricating the final artwork under the guidance of Lonnie
Feather. The artist managed the entire project, developed budget and timelines, built sandblasting 4~quipment for
wheelchair accessibility, created structure and intent for artistic concept, led creative workshops for participants and
oversaw fabrication and installation.
SLIDE 5.
SLIDE 6.
"Learning to Fly"
Detail
78"x31" each
Sandblasted glass
Metro Headquarters Building, Public Art Project, Portland, OR
Thompson Vaivoda Cole and Associates Architects
Percent for the Arts Program, Administered by Regional Arts and Culture Council, Portland, OR
30 Glass Panels, $30,000 Commission, Completed 1993
Through a series of interviews with government officials, staff who use the building, and community oriented
individuals who are working at a grass roots level to change social structures, the final artwork for tlhe Metro
Headquarters Building express~ the ideals and aspirations of the Portland community and reflects the cultural
diversity of the city. It is their stories that inspired the series of 30 glass panels that line the corridor of the regional
government agency. Concept design, fabrication, and installation by artist.
SLIDE 7.
SLIDE 8.
Main Floor Lobby
"10,000 Years"
30"x79"x2"
Glass, mixed media
Oregon State University, Corvallis, OR
Percent for Art Project, McNary Dining Hall, Administered by Oregon Arts Commission
"Themes from Nature"" $10,000 Commission, Installed 2002
In a series of sixteen panels that are mounted in a steel frame from the ceiling, bright colors, deep textures and bold
images define and enhance the cafeteria space. The images complement the theme of an outdoor cafe, and
combine deeply sand carved textures with mixed media, painted surfaces. Artistic concept, fabrication and
installation by artist. '
SLIDE 9.
"Themes from Nature"
3'x32'
Glass, mixed media
University of Oregon, Eugene, OR
Percent for Art Project, ERB Memorial Union
"At Water's Edge", $20,000 Commission, Installed 1998
Working within a theme of Oregon rivers, artist Lonnie Feather developed a creative concept that richly and
colorfully reflects our fascination with the flow and movement of water. Includes a glass window mounted in the
vestibule of the student lounge and a series of small windows installed in doors and walls of the building.
Artistic concept, fabrication and installation by artist.
SLlDE10.
"At Water's Edge"
S'x10'
Glass, mixed media
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CITY OF
ASHLAND
ASHLAND HISTORIC COMMISSION
Minutes
November 2, 2005
Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room
Historic Commissioners Present: Keith Swink, Sam Whitford, Rob Saladoff, Terry Skibby, Jay Leighton,
Allen Crutcher, Tom Giordano, and Henry Baker
Absent Members: Dale Shostrom
Council Liaison: Jack Hardesty - Absent
Hiah School Liaison: None Appointed
SOU Liaison: None Appointed
Staff Present: Maria Harris, Senior Planner, Billie Boswell, Administration
CALL TO ORDER - REGULAR MEETING
At 7:05, due to the absence of Chairman Dale Shostrom, Vice Chairman Terry Skibby called the regular meeting
to order.
APPROVAL OF MINUTES
Ms. Leighton requested that under New Business, the phrase "who were original owners of sEweral restaurants"
be stricken since the information was incorrect. Mr. Saladoff pointed out that Mr. Crutcher's misspelled name be
corrected. A couple of typos were also corrected. Ms. Leighton made a motion to approve as amended and
was seconded by Mr. Baker. The motion was passed unanimously with Mr. Giordano abstaining due to his
absence.
PUBLIC FORUM:
Colin Swales, 461 Allison Street, recommended the Historic Commission encourage public spaces be included
in commercial set back areas. He shared an article from the Web "Historic Downtown Main Streets - Strategies
for Compatible Streetscape Design". (www.oreGon. Gov/odot/hwvIGeoenvironmental/docs/cultural/mainstreet.pdf)
Bill Emerson, , stated that he was responsible for the design of the Railroad Park. He had plans
for a Golden Spike presentation but funding was currently not available.
...~ttBl:
Melissa Markell and Jennifer Longshore of the Ashland Public Arts Commission presented plans to install the
McGee-Neill Memorial Sculpture at Lithia and Pioneer streets in front of Naturals, commissioned by artist Lonnie
Feather. The theme is "Nourishing our Community" and is funded by the McGee and Neill families of Ashland.
The proposed artwork is composed of three basalt columns standing four to eight feet hi!~h imbedded with
various natural materials and lettering conveying a message of our origins and our place of community. Mr.
Giordano made a motion to recommend the City Council approve the public art piece. Mr. Whitford seconded
the motion and it passed unanimously. Ms. Markell thanked Ms. Leighton for her role on the sE~lection committee
and the Historic Commission for their support of the project.
Ashland Historic Commission Minutes
1117/2005
CITY OIF
ASHLAr~D
Council Communication
Adoption of Findings for Planning Action 2005-008 - Annexation,
Comprehensive Plan and Zoning Map change from Jackson County zoning RR-
5 (Rural Residential) to City of Ashland zoning E-l (Employment) for an
approximately 1.6 acre parcel located at 593 Crowson Road. The portion of the
parcel adjacent to Crowson Road is proposed in the Residential Overlay (R-
Overlay) that allows a residential component and in the Detail Site Re:view
Zone which requires additional building design features.
Meeting Date: November 16,2005
Department: Planning
Contributing Departments: Legal
Approval: Gino Grimaldi fJ'J (}
Primary Staff Contact: Maria Harris, 552.2045, \\/1\.Y\.
harrism@ash1and.or.us
Secondary Staff Contact: Mike Reeder, 488- tv\ tJ\. K-
5350, reederm@ashalnd.or.us
Statement:
At the July 19,2005 meeting, the Council approved the application for an Annexation of a 1.6
acre parcel located at 593 Crowson Road. Attached are the findings supporting that decision for
adoption by the City Council.
Background:
The attached proposed findings supporting the Council's decision to approve the Planning
Action were initially written by staff with review by the Legal Department.
Related City Policies:
None.
Council Options:
The Council may adopt the findings as presented, modify the findings and adopt the
modification, or choose not to adopt the findings.
Staff Recommendation:
Staff recommends that the Council either adopt the findings as presented, or modify and adopt
the findings.
Potential Motions:
Move to adopt the findings for approval of Planning Action 2005-008.
Move to modify and adopt findings for approval of Planning Action 2005-008.
Attachments:
Findings ofF act and Conclusions of Law supporting P A 2005-008.
1
~~,
BEFORE THE ASHLAND CITY COUNCIL
JACKSON COUNTY, OREGON
July 19, 2005
IN THE MATTER OF PLANNING ACTION #2005-008, A REQUEST FOR
ANNEXATION OF A 1.6 ACRE PARCEL LOCATED AT 593 CROWSON
ROAD. THE REQUEST INCLUDES A COMPREHENISVE PLAN AND
ZONING MAP CHANGE FROM JACKSON COUNTY ZONING RURAL
RESIDENTIAL (RR-5) TO CITY OF ASHLAND ZONING E-l (EMPLOYEMENT)
WITH THE PORTION OF THE PARCEL ADJACENT TO CROWSON ROAD
INCLUDED IN THE DETAIL SITE REVIEW ZONE AND RESIDENTIAL
OVERLAY (R-Overlay).
APPLICANT: Crowson Business Center LLC
)
) FINDINGS,
) CONCLUSIONS
) AND ORDERS
)
)
)
)
)
)
RECITALS:
1) Tax lot 500 of 391E14D is located at 593 Crowson Road and is proposed to be zoned E-l
(Employment). The southern portion of the parcel parallel with Crowson Road as shown on the attached
map will be located in the Detail Site Review Zone and Residential Overlay (R-Overlay).
2) The proposal involves a request for Annexation of a 1.6 acre parcel and a Comprehensive Plan and
Zoning Map change from Jackson County zoning Rural Residential (RR-5) to City of Ashland Zoning
Employment (E-l). The tentative plat, site improvements and building elevations associated with the
Planning Commission's approval of a Site Review are on file at the Department of Community
Development.
3) The criteria for approval for Annexation are described in section 18.106 as follows:
An annexation may be approved if the proposed request for annexation conforms, or can be made to conform
through the imposition of conditions, with the following approval criteria:
A. The land is within the City's Urban Growth Boundary.
B. The proposed zoning for the annexed area is in conformance with the designation indicated on the
Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an
allowed use within the proposed zoning.
C. The land is currently contiguous with the present City limits.
D. Adequate City facilities for the provision of water to the site as determined by the Public Works
Department; the transport of sewage from the site to the waste water treatment plant as determined
by the Public Works Department; the provision of electricity to the site as detetmined by the Electric
Department; urban storm drainage as determined by the Public Works Department can and will be
provided to and through the subject property. Unless the City has declared a moratorium based upon
a shortage of water, sewer, or electricity, it is recognized that adequate capacity exists system-wide
for these facilities.
E. Adequate transportation can and will be provided to and through the subj(:ct property. For the
purposes of this section "adequate transportation" for annexations consists of vehicular, bicycle,
pedestrian and transit transportation meeting the following standards:
1. For vehicular transportation a 20' wide paved access exists, or can and will be constructed,
along the full frontage of the project site to the nearest fully improved collector or arterial street.
All streets adjacent to the annexed area shall be improved, at a minimum, to a half-street
standard with a minimum 20' driving surface. The City may, after assessing the impact of the
development, require the full improvement of streets adjacent to the ann(~xed area. All streets
located within annexed areas shall be fully improved to city standards. Where future street
dedications are indicated on the City's Street Dedication Map or required by the City, provisions.
shall be made for the dedication and improvement of these streets and included with the
application for annexation.
2. For bicycle transportation safe and accessible bicycle facilities exist, or can and will be
constructed. Should the annexation be adjacent to an arterial street, bike lanes shall be provided
on or adjacent to the arterial street. Likely bicycle destinations from the project site shall be
determined and safe and accessible bicycle facilities serving those destinations shall be indicated.
3. F or pedestrian transportation safe and accessible pedestrian facilities exist, or can and will be
constructed. Full sidewalk improvements shall be provided on one side adjacent to the
annexation for all streets adjacent to the proposed annexed area. Sidewalks shall be provided as
required by ordinance on all streets within the annexed area. Where the project site is within a
quarter of a mile of an existing sidewalk system, the sidewalks from the project site shall be
constructed to extend and connect to the existing system. Likely pedestrian destinations from the
project site shall be determined and the safe and accessible pedestrian fadlities serving those
destinations shall be indicated.
4. For transit transportation, should transit service be available to the site, or be likely to be
extended to the site in the future based on information from the local public transit provider,
provisions shall be made for the construction of adequate transit facilities, such as bus shelters
and bus turn-out lanes. All required transportation improvements shall be constructed and
installed prior to the issuance of a certificate of occupancy for any new stru,ctures on the annexed
property.
F. For all residential annexations, a plan shall be provided demonstrating that thl~ development of the
entire property will ultimately occur at a minimum density of90% ofthe base density for the zone,
unless reductions in the total number of units is necessary to accommodate significant natural
features, topography, access limitations, or similar physical constraints. The owner or owners of the
property shall sign an agreement, to be recorded with the county clerk after approval of the
annexation, ensuring that future development will occur in accord with the minimum density
indicated in the development plan. For purposes of computing maximum density, portions of the
annexed area containing undevelopable areas such as wetlands, floodplain conidor lands, or slopes
greater than 35%, shall not be included.
G. For all annexations with a density or potential density of four residential units or greater and
involving residential zoned lands, or commercial, employment or industrial lands with a Residential
Overlay (R-Overlay):
1. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of
median income; or
2. 25% of the base density to qualifying buyers or renters with incomes at or below '100% of
median income; or
3. 20% of the base density to qualifying buyers or renters with incomes at or below 80% of
median income; or
4. 15% of the base density to qualifying buyers or renters with incomes at or below 60% of
median income; or
5. Title to a sufficient amount of buildable land for development is transferred to a non-profit
(IRC 501 (3)( c)) affordable housing developer or comparable Development Corporation for the
purpose of complying with subsection 2 above. The land shall be located within the project and
all needed public facilities shall be extended to the area or areas proposed for transfer. Ownership
of the land shall be transferred to the affordable housing developer or DeveJlopment Corporation
prior to commencement of the project.
The total number of affordable units described in this section G shall be determim:d by rounding down
fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used
to guarantee compliance with affordable criteria for a period of not less than 60 years. Properties
providing affordable units as part of the annexation process shall qualify for a maximum density bonus
of 25 percent.
H. One or more of the following standards are met:
1. The proposed area for annexation is to be residentially zoned, and there is less than a five-
year supply of vacant and redevelopable land in the proposed land use classification within the
current city limits. "Redevelopable land" means land zoned for resid(~ntial use on which
development has already occurred but on which, due to present or expected market forces, there
exists the likelihood that existing development will be converted to more intensive residential
uses during the planning period. The five- year supply shall be determined from vacant and
redevelopable land inventories and by the methodology for land need projections from the
Housing Element of the Comprehensive Plan; or
2. The proposed lot or lots will be zoned E-l or C-l under the Comprehensive Plan, and that the
applicant will obtain Site Review approval for an outright permitted use, or special permitted use
concurrent with the annexation request; or
3. A current or probable public health hazard exists due to lack of full City sanitary sewer or
water services; or
4. Existing development in the proposed annexation has inadequate water or sanitary sewer
service; or the service will become inadequate within one year; or
5. The area proposed for annexation has existing City of Ashland wat,er or sanitary sewer
service extended, connected, and in use, and a signed "consent to annexation" agreement has
been filed and accepted by the City of Ashland; or
6. The lot or lots proposed for annexation are an "island" completely surrounded by lands
within the city limits.
4) The City Council, following proper public notice, held a Public Hearing on June 7, 2005 and July 19,
2005, at which time testimony was received and exhibits were presented. The Council approved the
application subject to conditions pertaining to the appropriate development of the sih~.
Now, therefore, the City Council of the City of Ashland 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 "0"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
SECTION 2. CONCLUSORY FINDINGS
2.1 The Council finds that it has received all information necessary to mak{~ a decision based on
the Staff Report, public hearing testimony and the exhibits received.
2.2 Ashland Municipal Code Title 18, Chapter 18.106.30 provides the approval criteria for
Annexation. The City Council makes the following findings with respect to the following approval
criteria:
A. The land is within the City's Urban Growth Boundary.
The property proposed for annexation is currently located within Ashland's Urban Growth Boundary
as designated on the Ashland Comprehensive Plan.
B. The proposed zoning for the annexed area is in conformance with the designation indicated
on the Comprehensive Plan Map, and the project, if proposed concurrently with the
annexation, is an allowed use within the proposed zoning.
The proposed zoning for the property, E-l, is consistent with the designation indicated on the
Ashland Comprehensive Plan, while the proposed office, light manufacturing and residential uses are
allowable uses in the district.
C. The land is currently contiguous with the present City limits.
The property is contiguous to the existing City Limits along the property lint: adjacent to Benson
Way.
D. Adequate City facilities for the provision of water to the site as determined by the Public
Works Department; the transport of sewage from the site to the waste water treatment plant
as determined by the Public Works Department; the provision of electricity to the site as
determined by the Electric Department; urban storm drainage as determined by the Public
Works Department can and will be provided to and through the subject property. Unless the
City has declared a moratorium based upon a shortage of water, seWl::r, or electricity, it is
recognized that adequate capacity exists system-wide for these facilities.
Sewer, water and electric service will be extended to and through the project. "Vater and sewer main
lines are located in the Benson Way right-of-way. City water is adjacent to the property in the
Benson Way right-of-way. City sewer is in place north of the site in Benson Way and the sewer line
will be extended to serve the property. City storm drain facilities are existing in Benson Way and
will be extended to and through the site.
E. Adequate transportation can and will be provided to and through the subject property.
Transportation to the property is by way of Crowson Road and Benson Way. Crowson Road will
be improved to the City of Ashland standard for an Avenue along the property frontage. The
Crowson Road improvement includes bringing the street up to the city standard from the center
line towards the property, for the length of the parcel's frontage. In addition, the improvement
includes a travel lane, bike lane, installation of curb and gutter, a planting strip with street trees,
street lights and a sidewalk. Benson Way is an improved city street which is classified as a
Neighborhood Commercial Collector. Parkrows and sidewalks are not in place along the
property frontage, and will be installed to the Ashland Street Standards. Additionally, a sidewalk
will be installed in the right-of-way to the north of the property connecting the existing sidewalk
on Benson Way to the subject property. The Rogue Valley Transportation District (RVTD) has
predicted bus service may be a possibility in this area, but will be a minimum of ten years in the
future. As a result, a pad for a future bus stop has been located between the sidewalk and curb on
the Crowson Road frontage.
F. For all residential annexations, a plan shall be provided demonstrating that the development
of the entire property will ultimately occur at a minimum density of90% of the base density
for the zone, unless reductions in the total number of units is necessary to accommodate
significant natural features, topography, access limitations, or similar physical constraints.
The owner or owners ofthe property shall sign an agreement, to be recorded with the county
clerk after approval of the annexation, ensuring that future development will occur in accord
with the minimum density indicated in the development plan. For purposes of computing
maximum density, portions of the annexed area containing undevelopable areas such as
wetlands, flood plain corridor lands, or slopes greater than 35%, shall not be included.
This section does not apply to Annexations involving commercial and industrial lands.
G. For all annexations with a density or potential density of four residential units or greater and
involving residential zoned lands, or commercial, employment or industrial lands with a Residential
Overlay (R-Overlay):
1. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of
median income; or
2. 25% of the base density to qualifying buyers or renters with incomes at or below '100% of
median income; or
3. 20% of the base density to qualifying buyers or renters with incomes at or below 80% of
median income; or
4. 15% of the base density to qualifying buyers or renters with incomes at or below 60% of
median income; or
5. Title to a sufficient amount of buildable land for development is transferred to a non-profit
(IRC 501 (3 )( c)) affordable housing developer or comparable Development Corporation for the
purpose of complying with subsection 2 above. The land shall be located within the project and
all needed public facilities shall be extended to the area or areas proposed for transfer. Ownership
of the land shall be transferred to the affordable housing developer or Development Corporation
prior to commencement ofthe project.
The total number of affordable units described in this section G shall be determined by rounding
down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument,
shall be used to guarantee compliance with affordable criteria for a period of not less than 60
years. Properties providing affordable units as part of the annexation process shall qualify for a
maximum density bonus of 25 percent.
The proposal includes three residential units in the building adjacent to Crowson Road, and therefore
is not subject to this section. The applicant's original concept did not include a request for the
Residential Overlay, nor did it include residential units. The proposal was amended to include three
residential units in response to concerns regarding the transition from light industrial development on
the north side of Crowson Road to the single-family existing and future development on the south
side of Crowson Road. The area on the opposite (south) side of Crowson Road is in the Ashland
Urban Growth Boundary and is identified as Single-Family Residential.
H. One or more of the following standards are met:
2. The proposed lot or lots will be zoned E-l or C-l under the Comprehensive Plan, and
that the applicant will obtain Site Review approval for an outright permitted use, or
special permitted use concurrent with the annexation request.
The proposed parcel will be zoned E-I. At its meeting of March 8, 2005 the Planning
Commission approved a Site Review application to develop a business complex for office
and light manufacturing uses including the construction of four buildings and the conversion
of the existing house. Additionally, the building adjacent to Crowson Road will include
three residential units in the second story. The Planning Commission also approved a Tree
Removal Permit to remove six trees on the site.
SECTION 3. DECISION
Therefore, based on our overall conclusions and upon the proposal being subject to e:ach of the following
conditions, the City Council we approve Planning Action # 2005-008. 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) A boundary survey and a written description of the property boundaries including the Crowson
Road right-of-way shall be submitted for review and approval prior to completion of the annexation.
3) That the applicant agrees to construct the project in accordance with the approved plan and City
ordinances and waives the right to file a claim under Oregon Statewide Measure 37. The signed waiver
shall be submitted to the City of Ashland Legal Department for review and approval prior to signature of
the boundary survey, or adoption of a resolution or ordinance formally annexing the property.
4) That full City services, including but not limited to water, sewer and storm water mains and
electric service, shall be extended to the southern boundary of the project (i.e. Crowson Road).
Engineered plans for all improvements shall be submitted for review and approval of the Ashland
Engineering prior to installation. That the engineered plans shall include but are not limited to: 1) the
Crowson Road improvements to City of Ashland Street Standards including pavement overlay,
pavement extensions, bike lane and curb and gutter, parkrow, street lights and sidewalk, 2) the Benson
Way improvements to City of Ashland Street Standards including sidewalk connection between the
existing sidewalk north of the site to the proposed development, and planting strip, street lights and
sidewalk along the property frontage, and 3) the public utility extensions. That all required street
improvements and public utility extensions shall be installed or fully bonded for in a,ccordance with City
requirements prior to adoption of a resolution annexing the property.
5) That the necessary area for street improvements shall be dedicated as public street right-of-way.
The right-of-way dedication shall include the area necessary for retaining walls to be installed with the
street improvements. That the right-of-way dedication shall be submitted for review and approval of the
Ashland Planning and Engineering divisions, and the dedication shall be surveyed arId recorded as
necessary prior to adoption of a resolution annexing the property.
6) That the applicant shall comply with the agreement with the neighboring property owners, Cody
and Laurel Bustamante, presented by the applicant at the July 19, 2005 Ashland City Council meeting.
CITY OF ASHLAND, OREGON
By: John Morrison, Mayor
Date
CITY OF
ASHLl\ND
Council Communication
ADOPTION OF THE 2004 OREGON FIRE CODE
Meeting Date: November 15,2005
Department: Ashland Fire & R~ue
Contributing Departments:
Approval: Gino Grimaldi ~
(It If-'
Primary Staff Contact: Margueritte Hickman Y
E-mail: HickmanM@ashland.or.us
Secondary Staff Contact: Keith E. Woodley N
E-mail:
Estimated Time: 20 minutes
Statement: The Oregon Fire Code is adopted by Oregon Administrative Rule 837, Division 40. The
2004 Oregon Fire Code (based on the 2003 International Fire Code with Oregon Amendments) became
effective October 1, 2004. The Oregon Fire Code is a statewide minimum fire code. Local jurisdictions
may adopt and amend the state code as long as modifications are more stringent. Staff proposes that
Council adopt the 2004 Oregon Fire Code for application within the City of Ashland.
Background: Code officials recognize the need for a modem, up-to-date fire code addressing
conditions hazardous to life and property from fire, explosion, handling or use of hazardous materials
and the use and occupancy of buildings and premises. Ashland Fire & Rescue currently enforces the
1998 edition of the Oregon Uniform Fire code, with the State of Oregon 2001 amendments. This code
became effective on February 1, 2002. The Oregon Fire Code is kept current through a review of
proposed changes submitted by code enforcing officials, industry representatives, design professionals,
and other interested parties. To maintain compatibility with the application of state codes and standards
within the City of Ashland it is necessary to update our local fire code periodically with new codes
after they have been adopted by the State of Oregon. At the time of adoption by the City of Ashland,
our local jurisdiction may also adopt amendments that take into consideration local needs and
circumstances.
There are few changes from the most recent adoption. Many of the previous amendments have been
modified to comply with the new Oregon Fire Code language and sections. The following is a
summary of change from the pervious amendments:
. Storage of LPG tanks within the residential and historical district has been reduced from 2000
gallons to 500 gallons.
. Key boxes are now required to be "installed and maintained in accordance with manufacturers
instructions. "
. Allowable hydrant distances have been defined. This has been applied by depaJiment policy.
. Building height at which fire apparatus access is required to accommodate aerial apparatus has
been reduced from 30 feet high to 24 feet high to match the requirement for the fire department
work area in the Municipal Code.
. The appeals process has been deleted as previously identified. Appeals will now follow the
process outlined in Appendix A of the Oregon Fire Code.
. Some amendments were deleted because the new code language adequately defines those items
to meet the needs of the City of Ashland.
~~,
Related City Policies: AMC 15.28.010 Adoption of Oregon Fire Code
Council Options: Approve or deny staff recommendation to adopt 2004 Oregon Fire Code.
Staff Recommendation: Staff recommends approval of recommendation to adopt 2004 Oregon Fire
Code.
Potential Motions: Motion to adopt or not to adopt 2004 Oregon Fire Code.
Attachments: Summary of changes in fire code provisions with adoption of 2004 Oregon Fire Code.
~~,
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE RELATING TO
ADOPTION OF THE 2004 OREGON FIRE CODE.
nnotated to show deletions and additions to the Ordinance adopted August 19, 1998.
Deletions are shown as strike through and additions are underlined.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
Section 1. Ashland Municipal Code Chapter 15.28 is amended to read as follows:
Chapter 15.28
FIRE PREVENTION CODE
Sections:
15.28.010
Standards.
15.28.020
15.28.030
15.28.040
15.28.050
15.28.060
15.28.070
15.28.080
15.28.090
15.28.100
15.28.110
15.28.120
15.28.130
15.28.140
15.28.150
15.28.160
Adoption Of Uniform Oregon Fire Code And Uniform Fire Code
Establishment of Duties.
Definitions.
Above-ground Storage of Flammable or Combustible Liquids.
Storage of Liqu~ified Petroleum Gases - Restricted.
Storage of Explosives - Prohibited.
Amendments to the Uniform Oregon Fire Code
Appeals.
New Materials, Processes, or Occupancies - Permits Required.
Penalties.
Severability.
Firefighting Outside City - Authorized.
Firefighting Outside City - Resources.
Firefighting Outside City - Assessment.
Plan Review/Permits - Fees.
Code Compliance Inspection - Fees.
SECTION 15.28.010
Adoption Of Uniform Oreqon Fire Code And Uniform Fire
Code Standards.
The 2004 Oreqon Fire Code and all appendices are hereby adopted, except where
specifically excluded or modified by this section. The 2004 Oreqon Fire Code and all
appendices, as excluded or modified by this section, will be referred to in the Ashland
Municipal Code as the Oreqon Fire Code. One copy of this codethe Oreqon Fire Code
and -appendices shall be filed in the office of the City Recorder. The Ore~lon Uniform
Fire Code and all appendices adopted in this section will be referred to in the Ashland
I Municipal Code as the Uniform Oreqon Fire Code.
SECTION 15.28.020 Establishment of Duties.
A. The Uniform Fire Code shall be enforced by the Fire Department of the City of
Ashland which shall be operated under the supervision of the Chief of the Fire
Department.
The Oreqon Fire Code shall be enforced by the Fire Code Official as defined by the
Oreqon Fire Code.
B.. The Fire Chief may detail such members of the Fire Department as inspectors as
shall from time to time be necessary. The Fire Chief shall recommend to the City
Administrator the employment of technical inspectors 'Nho, when such authorization
is made, shall be selected through an examination to determine their fitness for the
position. The examination shall be open to members and nonmembers of the Fire
Department, and appointments made after examination shall be for an indefinite
term with removal for cause.
SECTION 15.28.030 Definitions.
A. Wherever the word "jurisdiction" is used in the UniformOreqon-Fire Code, it is the
City of Ashland. Wherever the words "Chief of the Bureau Fire Prevention" are used,
they shall mean "Fire Marshal." Wherever the words "Bureau of Fire Prevention" are
used, they shall mean "Fire & Life Safety Division Departmont."
SECTION 15.28.040 Above-ground Storage of Flammable or Combustible
Liquids.
The limits referred to in Section 7902.2.2.1 3404.2.9.5.1 of the Uniform Oreqon Fire
Code in which the storage of flammable or combustible liquids is restricted are
established as follows: All City of Ashland residential and historical district areas as
defined in the Comprehensive Plan.
SECTION 15.28.050 Storage of Liquefied Petroleum Gases - Restricted.
The limits referred to in Section 8201.2 3804.2 of the Uniform Oreqon Fire Code, in
which storage of liquefied petroleum gas is restricted, are established as follows: All
City of Ashland residential and historical district areas as defined in the Comprehensive
Plan.,. are limited to the aqqreqate capacity of anyone installation shall not exceed a
water capacity of 500 qallons. In particular installations, this capacity limit shall be
determined by the Fire Code Official, after consideration of special features such as
topoqraphical conditions, nature of occupancy, and proximity to buildinqs, capacity of
proposed containers, deqree of fire protection to be provided and capabilities of the City
of Ashland Fire & Life Safety Division.
2
SECTION 15.28.060 Storage of Explosives - Prohibited.
The limits referred to in Appendix VI-€- H of the Uniform Oregon Fire Code, in which
storage of explosives and blasting agents is prohibited, are established as follows: All
areas within City of Ashland limits.
SECTION 15.28.070 Amendments to the UniformOreaon-Fire Code
The Uniform Fire Code is amonded in the following respocts:
A Soction 903.2: Delete ontire section ::md replaco with tho following: Distancos to
an approvod water supply may be increasod, as approved by the chief, INhen the
structure to bo protected has an approved automatic fire sprinklor system.
B. Sections 7902.1.7 through 7902.1.7. '1.2 are delotod in thoir ontirety.
C. Appondix III A, section 5.1: Replace tho entire section as follows:
"Notwithstanding the requirements in Appendix 111/\ of the Oregon Uniform Firo Code,
'Nithin tho City of Ashland tho minimum fire flo'N and flow duration requirements for one
and t\vo family d'Nellings having a fire area which doos not oxceed 3,600 square feet
shall bo 750 gallons por minute. Fire flo....' and flow duration for one and tVIIO family
d'Nellings having a fire area in excess of 3,600 square feet shall not be less than that
specified in Table No. 1\ III ^ 1."
"EXCEPTIONS":
1. A reduction in required fire flow of 50 percent, as appro'fed by the chief, is
allowed when the building is provided 'Nith an approved automatic firo sprinklor system.
2. One and 1'.\'0 family dwellings in excess of 3,600 square feet, when equipped
with an approved automatic sprinkler system, may have a minimum flov.' of at least 375
gallons per minute.
3. Additions or romodels to d'Nellings after tho date this provision is adopted shall
be permitted unless the addition or remodel creates a new d'l.'elling unit or the dwelling
and the addition have a fire area in excess of 3,600 square feet.
D. Section 902.2.2.'1 Dead Ends: Chango 150 feet in length to 250 feet in length.
E. Sections 902.2.2.2 and 902.2.2.5: Replace entire sections as follows: Fire
apparatus access roads and bridges shall be designod and maintained to support up to
'1'1,000 Ibs. gross '_'ehicle \Neight and shall be provided with a surface so as to provide
all \\'eather driving capabilities. (Ord 2827, S3 1998)
F. Section 1102.1 through 1102.2.5: Delete in its entirety.
G. Section 1102.3.1: Replace the first sentonce as follov_'s: Permission to burn
shall be in accordance ',Nith Ashland Municipal Code chapter 10.30.
H. Section 7701.1: Notwithstanding the exceptions listed in this section, the sale of
DOT classification 1.'1G (Class C common fire'Norks) is prohibited within the City of
Ashland. The use of common fireworks within the City of Ashland is prohibited during
any declared fire season excopt whon the sale of firev.'Orks is permitted 'Nithin the State
of Oregon pursuant to ORS '180.127 (June 22 to July 6 of each year). (Ord 2871, 2001;
Ord 2876, 2002)
I. ^ppendix III C, section 1: Replace entire section as follmvs:
Inspection, testing and maintenance of ""Jater based fire protections systems regulated
3
herein shall be conducted annually, in accordance with Standard ^ III C 1, or when an
inspection by the chief indicates that there is reason to believe that the system or device
",.'ould fail to operate properly in an emergency. Sef{)re any existing fire detection and/or
suppression system is removed, the chief shall be notified.(Ord. 2785, 1906; Ord 2827,
S3 1998)
The Oreqon Fire Code is amended in the followinq respects:
A. Section 503.2.5 Dead Ends: Chanqe 150 feet in lenqth to 250 feet in IEmqth.
S. Section 506.1 Replace the second sentences as follows: The key box shall be
of an approved type, installed and maintained in accordance with manufacturers
instructions, and shall contain keys to qain necessary access as required by the
fire code official.
C. Section 508.5.1 & Exceptions Delete and replace with the followinq: The
approved fire apparatus operatinq area must be located within 300 feet from a
hydrant, as measured by an approved route, alonq an approved drivinq surface.
With the installation of an approved automatic fire sprinkler system, hydrant
distance may be increased to 600 feet.
D. Section 3301: Notwithstandinq the exceptions listed in this section, the sale of
DOT classification 1.4G (Class C common fireworks) is prohibited within the City
of Ashland. The use of common fireworks within the City of Ashland is prohibited
durinq any declared fire season except when the sale of fireworks is permitted
within the State of Oreqon pursuant to ORS 480.127 (June 22 to July 6 of each
year). (Ord 2871, 2001; Ord 2876, 2002)
E. Appendix S, section 105.1: Replace the entire section as follows: The minimum
fire flow requirements for one- and two-family dwellinqs havinq a fire-flow
calculation area which does not exceed 3,600 square feet shall be '750 qallons
per minute. Fire flow and flow duration for one and two-family dwellinqs havinq a
fire-flow calculation area in excess of 3,600 square feet shall not be less than
that specified in Table B 105.1 ."
"EXCEPTIONS":
1. A reduction in required fire flow of 50 percent, as approved by thE:! Fire Code
Official, is allowed when the buildinq is provided with an approved automatic
fire sprinkler system.
2. One and two-family dwellinqs in excess of 3,600 square feet, when equipped
with an approved automatic sprinkler system, may have a minimum flow of at
least 375 qallons per minute. If minimum fire flow as specified in table B1 05.1
cannot be met after the 50% reduction credit is applied, then the fire sprinkler
system shall be monitored by an alarm company.
F. Appendix 0105.1 Chanqe first sentence as follows: Suildinqs or portions of
buildinqs or facilities exceedinq 24 feet in heiqht above the lowest level of fire
department vehicle access shall be provided with approved fire apparatus access
roads capable of accommodatinq fire department aerial apparatus.
4
SECTION 15.28.080 Appeals.
Whonever the Chiof disapproves an application or refuses to grant a permit applied for,
or '.vhen it is claimed that the provisions of the code do not apply or that the true intent
and meaning of tho code have boon misconstrued or wrongly interpretod, the applicant
may appeal from tho decision of the Chief to the Ashland Appeals Board within 30 days
from the date of tho decision appealod.
SECTION 15.28.090 New Materials, Processes, or Occupancies - PE!rmits
required.
The Building Official, the Chief and the Fire Marshal shall act as a committee to
determine and specify, after giving affected persons an opportunity to be heard, any
new materials, processes or occupancies for which permits are required in addition to
those now enumerated in the Oregon Uniform Fire Code. The Building Official, in
accordance with section 10'1.2.7 104.9 of the Uniform Oreqon Structural Specialty Code
Building Code, shall record and enter in the files of the building department any action
granting approval of new or alternate materials.
SECTION 15.28.100 Penalties.
A. Any person who violates any of the provisions of this chapter, the tJA.#effil. Oreqon
Fire Code or Uniform Fire Code Standards as adopted in this chapter or who shall
violate or fail to comply with any order made thereunder, or who shall build in
violation of any detailed statement of specifications or plans submitted and approved
thereunder, or any certificate or permit issued thereunder, and from which no appeal
has been taken, or who shall fail to comply with such an order as affirmed or
modified by the Ashland Appeals Board or by a court of competent jurisdiction,
within the time fixed herein, shall severally for each and every such violation and
noncompliance, respectively, be guilty of a violation punishable by a fine as set forth
in Ashland Municipal Code, Section 1.08.020. The imposition of one penalty for any
violation shall not excuse the violation or permit it to continue: and all SUlch persons
shall be required to correct or remedy such violations or defects within a reasonable
time; and when not otherwise specified, each ten days that prohibited conditions are
maintained shall constitute a separate offense.
B. The application of the above penalty shall not be held to prevent the enforced
removal of prohibited conditions.
SECTION 15.28.110 Severability.
Should any section, paragraph, sentence or word of this ordinance or of the Code or
Standards hereby adopted be declared for any reason to be invalid, it is the intent of
The City of Ashland that it would have passed all other portions of this ordinance
independent of the elimination here from of any such portion as may be declared
invalid.
5
SECTION 15.28.120 Firefighting Outside City - Authorized.
In accord with ORS 476.290, the Fire Chief or representative is authorized to extinguish
uncontrolled fires that are found to be burning in unprotected areas situated outside the
boundaries of the City and that are causing or may cause an undue jeopardy to life or
property if, in the opinion of the Fire Chief or representative, such fire is causing or may
cause an undue jeopardy to life or property. (Ord. 1698 S1, 1971)
SECTION 15.28.130 Firefighting Outside City - Resources.
In extinguishing a fire pursuant to Section 15.28.120, the Fire Chief or representative
may employ the same means and resources used by them to extinguish similar fires
within the City.
SECTION 15.28.140 Firefighting Outside City - Assessment.
Whenever a fire is extinguished or attempted to be extinguished by the fire department
outside the City of Ashland, the owner of the property involved in such fire shall pay for
the cost of providing such fire suppression service, as follows:
A. For the first hour or fraction thereof:
1. Pumper apparatus - $250.00/hour
2. Brush apparatus - $1 OO.OO/hour
3. Rescue standby - $100.00/hour
4. Staff vehicle - $ 50.00/hour
For each piece of apparatus per hour following the first hour, payment shall be on a
fractional basis to the nearest 15 minutes.
B. Personnel cost shall be actual cost with a minimum charge of one hour for each
person responding to the fire emergency, plus all personnel costs in excess of
regular time for each person performing standby services in place of those who
respond, to be billed on a fractional basis to the nearest fifteen minutes after the
first hour for any fractional portions of hours of service. (Ord. 2711, 1 H93)
SECTION 15.28.150 Plan Review/Permits - Fees.
For application in this city, Uniform Oreqon Fire Code plan review fees shalllbe
established by resolution of the city council.
SECTION 15.28.160 Code Compliance Inspection - Fees.
The schedule for fire code compliance inspections shall be established by resolution of
the city council.
6
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the
day of
,2005,
and duly PASSED and ADOPTED this _ day of
,2005.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2005.
John W. Morrison, Mayor
Reviewed as to form:
~ L'--' \ I~\.-..--L---___
Mike Reeder, Assistant City Attorney
G:\legal\Reeder\FIRE & RESCUE\2004 Oregon Fire Code - 11-15-05 Reading #1.doc
7
- PRINTED FROM HOUMATODAY.COM-
October 02. 2005 12:30AM
Indians worry storms may break up communities
By KIMBERLY SOLET
Senior Staff Writer
HOUMA -- Some of the forgotten victims of hurricanes Katrina and
Rita are members of Louisiana's American Indian tribes who have
historically settled in a smattering of lush coastal villages rich in
wildlife, seafood and serenity.
These tight-knit, below-sea-Ievel communities along the southeast
Louisiana coast were once surrounded by miles of marsh and forests.
But decades of erosion and sinking land have put them on the front
lines of storms and floods.
An estimated 4,500 American Indians living in St. Bernard,
Plaquemines and surrounding parishes -- including more than 4,000
members of the Golden Meadow-based United Houma Nation -- lost
everything to Katrina, according to tribal leaders and state officials.
Levis Dardar, 46, walks out of his Isle de
Jean Charles house Saturday morning.
Dardar had about 3 feet of water in his
home from Hurricane Rita. (MATT
STAMEY/THE COURIER)
Hurricane Rita dealt state tribes another blow, particularly in
Terrebonne, Lafourche and Jefferson parishes, where officials
estimate another 5,000 to 6,000 American Indians lost their homes or most of their possessions to the storm.
Zoom
Local relief efforts are under way to serve the unique needs of the state's indigenous population, but leaders worry
the double blows from Katrina and Rita could decimate the largest concentration of American Indians in Louisiana.
"It's heartbreaking, all the stories, everything our people are going through," said Brenda Dardar-Robichaux, principal
chief of the United Houma Nation, the largest Indian tribe in the state. Robichaux estimates most of the tribe's 15,000
members were affected by both storms.
"How much are these people supposed to endure?" Robichaux asked. "It's just total devastation."
Robichaux, tribal members and volunteers from as far away as California and New York have been working 20-hour
days since Katrina struck to meet the needs of the Houma tribe. Door-to-door assessments, aerial fly overs and tours
of each bayou community with large Indian populations indicate nearly half the tribe's population was left homeless
by the two hurricanes.
As much media attention has focused on the devastation in New Orleans or southwest Louisiana, Robichaux said
tribal communities dotting the outermost marshes and estuaries of the coast have been forgotten, both by the federal
government and national relief organizations.
"We're trying to figure out where we are as a tribe and as a people, and we're doing it on our own," said Robichaux.
"We want to rebuild these communities We want our people to know we're here to help you. We're here to bring you
back. and we'll help you even if nobody else will"
THE FORGOTTEN
As the United Houma Nation reaches out to tribal members displaced in shelters throughout the Gulf Coast, other
southeast Indian tribes are struggling to overcome the damaging effects of Katrina and Rita.
Besides the Houmas, other state-recognized tribes in Terrebonne were hit hard by Katrina and Rita, but in different
ways. While Katrina ripped roofs off scores of homes owned by American Indians, Rita finished the job by dumping 3
to 6 feet of water and more in their bedrooms and kitchens.
Tribes impacted severely by the back-to-back hurricanes include the Pointe-au-Chien Tribe, the Isle de ,Jean Charles
Indian Band of Biloxi-Chitimacha, the Grand Caillou-Dulac band and the Biloxi-Chitimacha Confederation of
Muskogees. Members of these tribes -. about 1,750 altogether in Terrebonne and 100 outside the parish -- lost
everything they own to Katrina and Rita, leaders said.
Chief Albert Naquin of the Isle de Jean Charles Band said 80 percent of the 229-member tribe suffered extensive
flooding from Rita and wind damage from Katrina. Slightly less than half the Biloxi-Chitimacha tribe, or about 1.200 to
1,300 of 2,500 members, also are facing crippling damages, said Chief Randy Verdun.
"What's bad is we're the forgotten ones," said Ernest Dardar, a Grand Bois resident and vice chairman of the Isle de
Jean Charles Band. "You got the whites, the blacks and the Hispanics. That's all you see in the media. Nobody
knows we even exist."
Michael Dardar, 43, vice principal chief of the United Houma Nation, and his relatives lost their homes in Boothville, a
tiny community in lower Plaquemines Parish, to Katrina fioodwaters. Boothville is the next-to-last settlement before
Plaquemines disappears into the Gulf, the place Dardar and his family have always called home but wiH never see
again.
"There isn't anything standing. It's a complete mess," said Dardar.
As the water drains, tribal leaders are concerned the increasing Intensity of storms coupled with the on~loing decline
of the fishing industry may spell cultural extinction for coastal Indian tribes. Natives who have lived at the end of the
world for centuries have always dealt with the seasonal hazards of Mother Nature, but south Louisiana's coastal
problems are a recent phenomenon, and tribal leaders say they are adding to the desperation of members in the
region.
SCATTERED HISTORY
The largest concentration of American Indians in the state is in the lower bayou communities of Terrebonne, in
communities such as Dulac and Pointe-aux-Chenes and Isle de Jean Charles, as well as small settlements along
Bayou Lafourche. But before Katrina wiped out their villages, a sizable group of Indians once called Plaquemines and
St. Bernard parishes home.
The state's assortment of scattered tribes is a lesson in opportunity denied.
Centuries ago, French explorers discovered the Houma Indians along the eastern edge of the Mississippi River north
of Baton Rouge, more than 100 miles northeast of the Terrebonne and Lafourche coast.
After losing a war to the T unicas in the 1706 and to escape the encroachment of white settlers, the Houma tribes
headed south along Bayou Lafourche to more remote, undeveloped areas where the could trap, hunt and fish
undisturbed. Eventually, tribal families made their way to modern-day Terrebonne and Lafourche. Historians
recognize the tribe as one of only two native to Louisiana; the other is the Chitimacha.
As European settlement of the Houma- Thibodaux area increased in the late 1700s and early 1800s, the Houma tribe
shifted south to coastal swamps and marsh. It is here, in these Gulf Coast settlements and on the banks of twisting
bayous that descendants of the Houma Indians and French colonists exiled from Nova Scotia continue to live today.
The Houmas' flight to the Plaquemines and St. Bernard parish region started in the 1930s when a small group of
parents upset their children could not attend school in Terrebonne and Lafourche fled to a community that would
accept them. The first Indian schools did not open in Terrebonne until the 1930s, and missionaries ran them. In the
1940s, the public school system's tri-racial set of schools developed, with separate schools for whites, blacks and
Indians. Schools were not fully integrated in Terrebonne until 1969.
The parish's legacy of education and economic discrimination against the Houmas resulted in the migration of
thousands of families who made their living trapping and fishing to comparable rural settlements in St. Bernard,
Plaquemines and St. Tammany -- the areas hardest hit by Katrina.
"This was a good area back in those days, with the rich animal population and the forests and the water," said Joe
Dardard, a United Houma Nation member who relocated with his family to St. Bernard Parish from Isle de Jean
Charles in the 1940s so he could attend school.
Dardard, who served 14 years on the tribal council, said the coastal areas around New Orleans were attractive to
American Indian families because they were similar in landscape and resources to the bayou settlements they left
behind. Thousands of the French-speaking Indians stayed in their new communities, carving out tiny villages along
the banks of the Mississippi River and raising generations of families on narrow strips of land like Venice, Boothville,
Triumph and Buras.
That is, until Katrina.
BATTLING STORMS
The Category 4 storm scattered Indian families in the hardest hit areas to shelters, hotels and far-flung families, and
tribal leaders are working overtime to determine their whereabouts. An entire section of one native village is now
living in an Arkansas shelter. Another group of about 30 is staying in a local home, and they hail from "The Village," a
horseshoe-shaped section of lower Plaquemines Parish that was once home to about 10 tribal families. Aerial
photographs indicate only an empty road remains -- all the homes have vanished.
Four weeks after Katrina struck, Hurricane Rita made landfall in southwest Louisiana as a Category 3 storm. But its
9-foot surge pushed a record amount of floodwater into Terrebonne's bayou communities, devastating 10,000 to
12,000 homes and businesses.
In the wake of the two monstrous hurricanes, tribal leaders are struggling to understand the immense rebuilding
challenge they face. The problem is made worse for the United Houma Nation and smaller tribes because they lack
federal recognition from the government, and the money that accompanies such acknowledgment.
The Houma tribe has battled for federal recognition for more than 20 years. The Bureau of Indian Affairs has
coordinated relief efforts among the six federally recognized tribes in Louisiana, Mississippi and Alabama. But many
of the regional tribes -- including all those based in Terrebonne and Lafourche -- are in dire straits because they lack
a connection to the federal government.
"We are an Indian tribe here that is falling through the cracks," said Robichaux. "Nobody has made contact with us
except the native media Everything we are doing has been a grassroots effort, and it's taken weeks to get this far
with the help of many volunteers and private donations. We're basically doing it on our own."
The hurricanes' devastation is raising painful questions among tribal leaders. As some sections of Plaquemines and
St. Bernard have been deemed uninhabitable, leaders are wondering what will come of the Indian families that once
called these places home. Will they rebuild? If so, will it ever be the same?
Blanche Eschete, 43, of Cheniere Caminada, a traditional Indian settlement near Grand Isle, isn't sure she wants to
return to the neighborhood she grew up in, a beloved and magical place that is now a heap of sticks.
"I don't have a post standing," said Eschete, who hopes to obtain enough federal money to relocate to Slidel!. Her
son, 17 -year-old Keith, is already a step ahead. After Katrina struck, he relocated to Connecticut to finish school.
"We all lost our homes on the island," said Eschete. "If this is my opportunity to leave, I might take it."
Frank Chaisson, 66, of Isle de Jean Charles, has also had enough. His elevated home went up for sale before
Katrina struck, and the elderly man who suffers from Parkinson's Disease hopes to eventually make a new home in
Houma.
''I'm too old to fight with these storms," said Chaisson. "I've been fighting with these storms since I was :20. It's time to
move."
LIVING OFF THE SEA
Adding to the tribes' concerns are the scores of shrimpers and oyster fishermen who depend on the fall and winter
seasons to provide their main source of income for the year. Even if Katrina and Rita did not destroy their boats, both
storms' polluting effects will likely render the rest of the fishing season useless for tribal members and their families,
and that economic reality is a major concern, said Robichaux.
In Louisiana, which produces a quarter of the country's seafood and leads the nation in oyster production, fishing is a
nearly $3 billion industry with 10,000 jobs. The state Department of Wildlife and Fisheries estimates Katrina and Rita
will costs billions, and biologists think it could take years to once again harvest oysters.
Because of their reliance on the sea and vulnerability to violent weather, commercial fishermen are not wealthy
people, and most Indians who continue to shrimp and harvest oysters for a living live in modest dwellings with no
insurance for their boats or homes, said Robichaux. State officials estimate more than 5,000 commercial fishermen
have become the long-term victims of Katrina and Rita.
Kirby Verret, a Houma tribal councilman from Dulac, said some of the elder fishermen will try to rebuild because their
livelihoods are built around the basics -- shrimp, crab and oysters -- and the economy cannot support teaching them
new trades. Still, he wonders if the back-to-back hurricanes may prove too much for some Indian families to
overcome.
Besides the flooding, chemical leaks and filthy water facing Indians across the southeast. residents who opt to rebuild
in Plaquemines, St. Bernard and lower Terrebonne also must cope with decades of coastal erosion that has
obliterated thousands of acres of lush marsh and wetlands that once shielded them from storms.
Before-and-after pictures of pre-Katrina and post-Rita show the extent of land loss in eastern Louisiana, and tribal
leaders fear the cultural, social and economic impact of those images may be devastating. Since the early 1900s,
coastal erosion has consumed about half of the wetlands along the state's coastline.
"I'm really starting to wonder, even with the elders, if there's going to be rebuilding this time because there's only so
much people can endure," said Verret. "For all the things we have been through as a tribe, this is the most awful,
unique feeling. Before there was always hope; now there's nothing."
'WE OWE IT TO OUR ELDERS'
Michael Dardar wants to rebuild in Boothville, but his young children are not following suit. Plaquemines Parish
leaders estimate the homes of 16,000 people have been too damaged to live in, including all the settlements in the
lower-lying areas. After decades of living in a one-block radius of each other, the possibility of his close-knit family
separating has Dardar thinking big.
Before Katrina struck, the tribal council that oversees the United Houma Nation's affairs was pursuing the idea of
purchasing large tracts of elevated land that would be ideal for relocating low-lying Indian families to a more secure
community.
Now, the idea that once seemed like a fantasy is now a necessity. The tribal council has made the goal of securing
land its mission this year, and hopes are that money can be fund-raised to purchase a tract for the tribe, which never
had a reservation because of its lack of federal recognition.
The elevated land would be an ideal place for elders such as Oxcelia and Mark Naquin of Isle de Jean Charles, a
French-speaking couple whose home flooded for the first time after Hurricane Rita. The pair is reluctant to leave the
island where they both grew up, but they are tired of fending for themselves in a village that floods whenever the
tides are high and wind strong. Complicating matters is the fact that the Naquins were denied an education decades
ago, and today they cannot speak English well enough to discuss their problems with the American Reel Cross or fill
out paperwork requesting relief.
It is elders like the Naquins who the younger generation of Indian leaders must consider, said Thomas Dardar, a
tribal councilman for United Houma Nation. He said the tribe owes it to ancestors who settled Terrebonne's coastal
villages to locate a new piece of land for Indian families.
"When the coast is devastated, this land would help keep the community together," said Dardar.
Michael Dardar, historian for the tribe, said Houma Indians don't have a choice. Without federal recognition and a
reservation -- two key components to fostering community ties -- tribal members will fight a losing battle for their
survival.
"We have to commit to the battle to survive as a nation, to keep our community together," he said. "We owe it to our
elders, our leaders in the past who settled along Bayou Terrebonne and strengthened our community ties. We owe it
to our children."
SPECIAL REPORT
Table of
Contents
November 2005
Editor's Note
@ Copyright ColorsNW Magazine
Cover Story
The Forgotten Tribe
United Houma Nation fights to take care of its own
Taste Buds
Story by Naomi Ishisaka
Events Calendar
How to Help
Send material donations to:
United Houma Nation
4400 Louisiana 1,
Raceland. LA 70384.
Checks can be sent to:
United Houma Nation
Hurricane Relief
20986 Louisiana 1
Golden Meadow, LA 70357.
To volunteer:
Call 985/475-6640
For more on the Houma, visit their Web site at www,unitedhoumanation,orQ
DULAC, La. - Drive southwest from New Orleans for about 50 miles and you will reach Cajun
country and the home of the Houma people, who were directly hit by not only Hurricane
Katrina but Rita as well. The United Houma Nation is a state-recognized tribe that has fought
for federal recognition for more than 20 years. In the 1700s, the Houma lived north of Baton
Rouge on the Mississippi River, but after centuries of European encroachment pushing them
further and further to the coast, the Houma people settled in tiny remote fishing villages on the
outer bayous of the Gulf Coast, the most vulnerable land in the region.
In Raceland, a small town near the city of Houma, a 100-year-old general store has recently
been converted into a relief center, Brenda Dardar-Robichaux, principal chief of the United
Houma Nation, sits at a desk in the friendly,
bustling store and conducts intakes of tribal
members. The extraordinarily well-organized
"Store," as they call it, offers stacks of canned
goods and racks and racks of new clothes
donated by Wal-Mart after the storm. In a dim
corner, volunteer Dr. Robin Rose from Ashland,
Ore., gives out tetanus and flu shots. After
receiving a shot, a tribal member asks, "How
much do I owe you?" Rose says, "A hug" and the
_ exchange is complete.
o
It is the most organized of all the relilef centers we
visited, and Dardar-Robichaux says the Houma
owe it to the volunteers. "It's wonderful having the
support - and it's grass-roots. You're not looking
at anything except for people who are upset with
the way the administration has handled things,
l"m
people who want to help. We are just so grateful
and fortunate they have chosen our tribe."
Indeed, during our visit, a huge truck of relief supplies from the Seneca Nation in New York
shows up. The supplies are soon stacked nearly 6-feet-high on the porch of the store, and
without the volunteers to sort and organize the goods, it could become like the many landfil!-
like piles of donated goods seen on the sides of the road throughout the Gulf Coast
Dardar-Robichaux is the tribal chairwoman who does it all. A daughter of a shrimper, Dardar-
Robichaux was the first in her family to graduate high school. Her father, 70, still shrimps to
this day. She was also in the first class of Houma to integrate the previously all-white public
schools in 1965. She has not had a moment's rest since the two hurricanes devastated her
tribe - her cellphone rings constantly: "Where is the pallet loader?" "How do we get to
Raceland?" Between Katrina and Rita, she estimates that 9,000 of the 15,000 tribal members
have been affected - with flooding, wind, joblessness, evacuation - by the hurricanes. Many
tribal members' homes have been overtaken by the gulf and are living in shelters and with
friends and family.
The Houma people have made their living for generations by harvesting the rich water of the
bayous. Shrimp, fish, oysters all have sustained the tribe with their abundance. To access the
waters and to avoid further Euro-American encroachment, tribal people have lived for
generation on the tips of the bayous - basically at the water's edge. But after decades of
coastal erosion, the water's edge has moved closer and closer inland.
Curtis Hendon's family has lived in the area for generations. Hendon, 56, speak.s in the Cajun
cadence common in the region. The unofficial spokesman for the tribe, the charismatic
Hendon grew up on the Isle de Jean Charles, a tiny area south of the city of Houma that only
recently became a true island as coastal erosion stole more and more land. When he was
young, Hendon says you could walk four miles around the island. Today, in his area you can
walk about 60 feet. Many parts of the island were devastated by wind and flooding. Hendon's
family home was flooded as well.
"(After the oil companies opened) the first thing that came on the island was a huge pipeline,"
Hendon says. "Then the area on the island started disappearing (due to erosion) ... Shame on
the politicians of Terrebonne Parish to let things go down like that. All the lower bayous have
the same problem. I have a son who is 8 years old. By the time he is 18 years old, Isle de
Jean Charles will be under 8 feet of water. All of that disappeared in my time."
Hendon says it will take years for the fishing industry to recover. "Water is so poisoned, it kills
everything. Oysters died in the surge, the shrimp were floating all over the place. The
fisherman is facing big huge problems. There was a time when the Red Cross would be in our
neighborhood taking care of our people (after a storm), FEMA would be there talking care of
our people. We couldn't find none of them this time. We had to take care of it ourselves. It's
politics. They have bigger business. We on Isle de Jean Charles were used to being flooded.
People in New Orleans are not used to this kind of trouble. We at Isle de Jean Charles are
used to picking up the pieces and going back. People used to laugh at us, now they don't
laugh at us. People used to say 'the Indians are always under water.' Now they're the ones
under the water."
Dardar-Robichaux may not be able to fix the fishing industry, but she is determined to do
whatever else she can for her people. In the intake form she created, Dardar-Robichaux asks
tribal members to list the basic needs (food, clothing, emergency supplies) that she can fulfill
immediately and then record any additional needs (skilled labor, construction help) that she
may be able to provide in the future. There is no waiting and no bureaucracy. If you are a tribal
member, you will get help - immediately Her shelves are stocked with donations from
individuals and organizations. "We told people initially we needed food and water, and we
have been blessed with food and water," she says.
"Wal-Mart is the only private entity that has helped us - they sent two tractor trailers of water,
a tractor trailer of brand new clothing and cleaning supplies. We have had very generous
people like volunteer Barbara (Truitt) who have been going to the store and stocking our
shelves with cleaning supplies. When we are out of something, she goes to the store and buys
it. ... She has spent probably $3,000 of her own money on donations as well as hundreds
more at the store." Dardar-Robichaux expects that the store will need to stay open for at least
a year as the community struggles to rebuild.
Nearly all the support for the tribe has been from individuals and tribal organizations who
heard about its plight through Native media and organizations such as Veterans for Peace and
Plenty, an aid group working with filmmaker Michael Moore. Dardar-Robichaux and her tribal
members are profoundly touched by the support. "Back at the store, we have 20 checks from
20 different states. People who just wanted to help." But despite the generosity of individuals,
the total of such donations amounts to only $3,000, Dardar-Robichaux estimates.
United Houma Nation has few resources of its own, and even a small grant to klgep the tribal
center open ran out the day we visited. Now it is staffed by volunteers, but Dardar-Robichaux
doesn't know long that can go on.
For those people without transportation to get to the store, Dardar-Robichaux and her
volunteers prepare emergency kits that volunteers can take to them. During the worst flooding,
she had to deliver the kits, filled with clothes, food and other necessities, on a pirogue (a
Louisiana canoe). "We know where they are. We bring them until they do have the opportunity
to come in and get it themselves."
It's the selflessness and generosity of her tribal brethren that bring her to tears. "We ran
across an elderly man whose home was flooded and who was with his son. We said to the
son, 'We're going to bring a supply kit for you.' He said 'No, somebody else could use it more.'
They're very generous that way, it just breaks your heart. One woman says, 'I was able to get
the emergency food stamps, there might be someone else who needs (food donations), I don't
need it right now.' " Many of those who tum down food and aid for others' sakes live well
below poverty level in subsistence conditions in the remote areas of the bayou, she says.
Now, their one-room houses are gone and yet their concern is for others who might be worse
off than them.
While Dardar-Robichaux is motivated and moved by the selflessness of her people, she has
little patience for the continued absence of the federal government. "Where is FEMA, where is
Red Cross, where is the federal government helping them? It's just people like (Dr. Robin
Rose) here who gave up two weeks of her vacation as a physician to help us. She's out there
every day, she sees the need, she feels the people. It's the Creator sending us people like
that that we are able to do this. So whenever I get asked how are you doing, I say for this five
minutes I am OK. The next five minutes I don't know..."
For many tribal members, the FEMA relief process is overwhelmingly complex. "A lot of the
tribal members speak only French and have very limited education so they need help with the
(FEMA) process," Dardar-Robichaux says.
The agencies set up to help them are not much help either. Dardar-Robichaux tl311s a story
about 35 Indian families in one Terrebonne Parish shelter. "When the people from the flooded
community came (to the Store for supplies), they were so excited. It was the first time they had
had new clothes since the storm. Then they got a call from the shelter. They were told they
were supposed to be evacuating the shelter because there was a wedding planned. Then they
moved them to an already overcrowded shelter. They were told they had to leave the clothing
and supplies they were given, so we said 'Write your name on the box, we will bring it to you.'
"They left in tears, they had no home, they were being thrown out of the shelter, 'What are we
gonna do?' It's like how much can these people endure. What are they suppose:d to do? We
found out that some of them decided to go home. They couldn't stand to be relocated again.
They lived without electricity, with mud, they did the best they could. Some of them went to the
shelter, they had no choice. They had sickly, they had elderly. When they got their supplies
and took them to the shelter, they were told you can't come in with that. They had to go back
to their friends and families and left their stuff behind. They were being searched as they
entered and were qnly allowed a certain amount of supplies. I mean look, they were not
leaving with that many supplies - two outfits per person."
Dardar-Robichaux says her people are anxious to get back home. "They just want to go home.
It's not a piece of property, it's our heritage, it's who we are. That's what motivates us to get
the resources and the help that they need. It's really sad but we have some tribal members
who are just tired. They don't know if they can deal with another flood. They don't know if they
can unbury their homes. So they are just tired. Some of them would choose if they had the
resources to move. So that's the challenge we are facing as a tribe, how do we help them?
How do we not lose our community? So we have many, many challenges we have to address
as a tribe and as a people."
Further "down the bayou" - or closer to the gulf - as locals say in the tiny, largely Native
fishing village of Dulac, local fishermen survey the damage. The waters from Hurricane Rita
have finally receded enough to allow people to walk on steady, albeit muddy ground. Paul
Pierre checks out the fishing and shrimping boat his father, Ivey Pierre, used to sustain the
family. It is now half-sunk in water that once was land. Like 95 percent of the fishermen there,
they had no boat insurance. The fishing industry may be shut down for at least a few years as
the oil and other pollutants are flushed out of the gulf. Like many of the Houma, Pierre speaks
Cajun French as a first language and learned English when they started school. Ivey Pierre
learned English from watching TV.
As we travel, Dr. Robin, as the Oregon physician is called by the tribe, administe~rs tetanus
and flu shots to anyone who needs them. After giving out thousands of shots, she will be
leaving in a few days. So far, there are no medical volunteers to fill her shoes.
After visiting Dulac, it's back to Raceland where Dardar-Robichaux faces one of the last tasks
of the day. She's routinely been working 20 hours daily, but she won't finish the day without
doing something in appreciation for her volunteers. That day, they have just finished unloading
hundreds of donated water jugs - two-thirds of which are damaged beyond use. Most sleep in
tents in the yard and a few sleep in beds in Dardar-Robichaux's house, which is now a relief
and relaxation center. Several volunteers - who hail from Oregon, California, Ne~w England -
go with a local fisherman to catch red fish. Dardar-Robichaux gets busy preparing dinner for
about a dozen volunteers: Cajun-style fried fish, crab dip and salad. As she is cooking, she
cuts her finger badly. Her husband, Dr. Mike Robichaux, gives her nine stitches. A few
minutes later, she returns to the stove and serves the meal. "(The volunteers) get paid in
food," she jokes. "It's a fair trade," one volunteer says, laughing.
@ 2005 ColorsNW - All rights reserved.
Phone: 206/444-9251
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DOCUMENTS SUBMITTED AT THE
NOVEMBER 15TH, 2005
CITY COUNCIL MEETING
Art Bullock, 791 Glendower (Tuesday, November 15, 2005, Council meeting)
At the Nov 7 study session, you decided to continue charter discussions with a long study session or
special council meeting.
That meeting would be an excellent time to respond to charter amendments proposed as ballot initiatives by
the 4 different citizen groups.
Pam Vavra and the IRV group could be invited to discuss your response to their ballot ilnitiative requiring
majority vote to be elected to city council. In July, you declined to put IRV on a Nov balllot due to
reservations about the amendment, though several of you liked the core idea. You may wish to pursue it
with different language.
John Gaffey and the AFN group could be invited to discuss if and how you plan to put AFN on the ballot for
voter approval.
Robin Lawson, Fred Roberts, and AI Willstatter's group could be invited to discuss your response to their
charter amendment requiring majority vote on any Property Transfer Tax.
All 3 of these groups gave up on the corporation's charter process and filed separate ballot, initiatives, and
are now collecting signatures.
AshlandConstitution.org, the 4th group, has engaged over 500 Ashland citizens in a dialogue-based ballot
initiative process. Like the other 3 groups, we've drafted charter amendment language. Unlike the other
groups, we've postponed filing our 5 amendments pending dialogue with you. All 5 amEmdments are
available at AshlandConstitution.org and on the city web site with the Oct 3 council packet.
With an extended charter session, council now has the opportunity to dialogue with all 4 citizen groups.
Instead of continuing the us-vs-them politics of the last year, you can bring multiple voices together and
produce charter amendments that will actually pass a majority vote of the people.
Council has no authority to change the charter. Ashland citizens are the sole decision-maker. To approve
any ballot initiative in Ashland requires building consensus and listening to the majority will of the people.
A ballot initiative to change the charter can be initiated by the people or by council. In July, I asked you to
clarify which charter amendments you wished to pursue and which ones you don't. 4 months later I ask you
again. We still need to know if and how you plan to proceed on the 8 ballot initiatives that 4 different citizen
groups have brought to the table.
For each proposed amendment:
You may decide you like the idea and work with the sponsoring group to improve the amendment wording.
You may decide to pursue part of the amendment in the charter and part as an ordinance.
You may decide you don't like the idea at all and don't wish to pursue it.
Or you may decide you like the idea, but wish to pursue it later due to more pressing issues now, like AFN
and Planning Dept problems.
Regardless of your decision, it would be helpful to the whole city to include all 4 citizen groups in your
extended charter session, so we all know where you stand on these critical constitutional issues. The
remaining committee recommendations on the agenda shouldn't require much time, so you should have
adequate time in that meeting to thoughtfully respond to the 4 citizen groups submittinGI charter
amendments.
By the way, to overcome problems with inaccurate and incomplete minutes from the city recorder's office, I
ask that my entire prepared remarks be included in the minutes and posted on the city web site. I'll also
post them on the councillistserve at pine.ashland.or.us/pipermail/council.
Thank you.
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FROM:
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Telephone: (503) 778-5382
Fax: (503) 778-5299
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November 14,2005
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& FIRST CLASS MAIL
John Morrison - Mayor
Alex Amarotico - City Councilor
David Chapman - City COunCilOT
Jack Hardesty. City CounciloT
Cate Hartzell - City Councilor
Kate Jackson - City Councilor and Chair
Russ Silbiger - City Councilor
CITY COU1\CIL
CITY OF ASHLAND
c/o Michael W. Franell, City Attorney
20 East Main Street
Ashland, OR 97520
Re: Doug Neuman - Measure 37 Claim
Dear Councilors and Mr. Franell:
We Tepresent Doug Neuman, who, through a single member limited liability
company~ Mark Antony Historic Property, LLC, owns the real property located at 212 E. Main
Street, Ashland, Oregon. As you may already know, Mr. Neuman filed a claim for compensation
under Measure 37. As we understand the City's ordinance and procedures for such daims, the
City Administrator is to make a decision and then City Council must decide whether to call that
decision up for a further hearing. Before making a decision on whether to call this me~tter up for
a hearing, interested parties are entitled to provide written comments. It seems consistent with
the Citis ordinance that the City Council consider all written comments before making its
decision. We are submitting this letter on behalf of Mr. Neuman to the City Attorney with the
understanding that it will be provided to the Council to review before making a decision on
whether to conduct a hearing on Mr. Neuman's claim.
We understand that recently, acting in place of the City Administrator, Mr.
Franell made a preliminary decision denying Mr. Neuman's claim. Mr. Neuman received
PDX 1353811<Jv1 6&514-1
POr1land
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CITY COUNCIL
CITY OF ASHLAND
November 14,2005
Page 2
1m
written notice that interested parties had until November 14,2005 to provide the City Council
with comments on Mr. Neuman's claim. We further understand that unless the City Council
decides to have a hearing on Mr. Neuman's claim, the claim will be denied without a hearing and
Mr. Franell's decision will become final.
We had hoped to be able to direct our comments to the basis for Mr. Fr,Ulell's
decision. We believe that would have made for the most elTicient review. However, neither we
nor Mr. Neuman were provided a copy of Mr. FraneU's preliminary decision. Previously, we
provided Mr. Franell with a written analysis of the basis supporting Mr. Neuman's Measure 37
claim. We have attached a copy of our legal analysis to this letter ten: your review.
We believe it is important for the City to set this matter for a public hearing. As
we explained in detail in our letter to Mr. Franell, Mr. Newnan's claim for compensation has
merit. The City's enactment of its current "big box" ordinance in 2003 was after Mr. Newnan
acquired his property and will result in a substantial decrease in fair market value of his property.
The only way for the City to avoid paying compensation is to waive the current ordinance and to
apply the fonner "big box" ordinance pursuant to the City's interpretation of that ordinance at
the time Mr. Neuman acquired his property. The City Council needs to consider the following
questions and points:
);. What uses were permitted on the property as of 1998'? We know that the
City allowed uses inconsistent with the City's current interpreta,tion of the
former "big box" ordinance in 2000 and 2001;
}.- Can the City ba..:;e its waiver on an interpretation made after Mr. Neuman
acquired his property? We believe Mr. Neuman's waiver rights Wlder
Measure 37 vested at the time he acquired the propeny. Measure 37
expressly SLates that the waiver is as of the date Mr. Neuman acquired the
property;
);. Can the City, wlder Measure 37, adopt a dramatically new interpretation
after a property owner acquires propeny thereby defeating the purpose of
Measure 37? Measure 37 does not allow the City to reject a claim based
on an interpretation ditferent than the City's interpretation of the former
"big box" ordinance at the time Mr. Neuman purchased his property.
We do not know whether Mr. Franell relied upon the recent Marion County case,
but ifhe did, it is misplaced. That decision did not bind the City of Ashland, which was not a .
party to the case. In addition, that decision is being appealed and we believe is likely to be
reversed. The trial court's decision was based upon a misapplication of several Cons1tihttional
theories.
PUX l)S3889vl 6&SI4-1
Ponland
. .-... "-'-~'-"'- ...... .~...
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CITY COUNCIL
CITY Of ASHLAND
November 14, 2005
Page 3
lID:
Absent favorable action by the City Council, Mr. Neuman may have to pursue
this claim before the Jackson COlUlty Circuit Court. That case would likely proceed even though
the Marion County case is on appeal. A judge in Jackson County Circuit Court is not bound by
the decision of another circuit court (Marion County) and we do not believe will be persuaded by
the reasoning of the Marion County judge. When the Jackson County court gets to the merits of
this case, we think it is reasonably likely that the court will accept the reasoning we provided to
the City in our prior letter as weB as in this letter. If that is the case, the result would be a
judgment in favor of Mr. Neuman for just compensation and attorney fees. Mr. Newnan's claim
for compensation in this case is $2 million. Even if this case were stayed, we believe it is likely
that the Supreme Court will reverse Marion County and our case will proceed to the same result.
We believe a public hearing on Mr. Neuman's claim will allow Mr. Neuman to
explain to your City Council the merits of his claim. It will also allow Mr. Ncwnan the
opportunity to discuss with City Council development alternatives for the site. He sim~erely
believes that if the City allows his claim and grants a waiver that the site can be developed in a
manner that benefits the City.
We respectfully request the opportunity to address your City Council on these
very important issues. Thank you for your consideration in this marter.
Very truly yours,
O::;:::ip~ KAL
Christopher P. Koback
CPKllkt
Enclosure
cc: Doug Neuman
Gregory S. Hathaway
POX 1353889,,168514.)
PnrtJBJld
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1m!
Davis Wright Tremaine LLP
ATTACHMENT
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(: H 11 1ST () P il ~ 11)> K 0 Jl ^ C K
DirHI (50\) 77~.5~a2
(hri,kob.ck@lI....ccm
SUITf 2100
130():;w fifTH AVENUE
PORTLAND, OR ~7201-S682
TEL (5(}3) 24 1-2:100
fAX (~tlJ) 778-5299
WWW.t!Wl.<.:()nt
October 5, 2005
VIA FAX & u.s. MAIL
Michael W. Franell
City Attorney
City of Ashland
20 East Main Street
Ashland, OR 97520
Re: Doug Neuman Measure 37 Claim
Dear Mr. Franell:
This letter is to provide )'ou with our analysis ofthe Measure 37 claim filed by
Doug Neuman relating to the property adjacent to the Ashland Springs Hotel. When we last
spoke. you indicated )'ouwere undergoing someJegal analysis of the claim and suggested that
we provide you with OUT analysis to aide you in your work.
BACKGROUND
The relevant background is as follows:
In 1992. the City enacted an original "big box ordinance." which was codified as
Section 18.72.050 of the City Municipal Code ("CMC"). That provision read in relevant part as
follows:
C. No new buildings or contiguous groups of buildings in the
Detail Site Review Zone shall exceed a gross square footage of
45,000 square feet or a combined contiguous building length of
300 feeL Any building or contiguous group of buildings which
exceed these limitations, which were in existence in 1992. may
expand up to 15 percent in area or length beyond their 1992 area or
length. Neither the gross square footage nor combined contiguous
hUilding length as set forth in this section shall be subject to any
variance authorized in the ALUO.
PDX 133{)IlS5vl 6flSH-l
Portland
-.=
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Michael W. Franell
October 5, 2005
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CMC 18.72.050, quoted above, was not applied by the City to any development
until 2000, when an applicant applied for the construction of a new Oregon Shakespean~ Festival
huilding. That structure exceeded 45,000 gross square feet, but had a footprint that was less than
45,000 square feet. In detailed findings adopted by City Council, the City interpreted CMC
18.72.050 as a footprint limitation and, accordingly, approved the Oregon Shakespeare Festival's
application.
Then, in 2001, applicants applied to construct anew YMCA. Again, this project
exceeded 45,000 square feet of gross square footage, but had a footprint of less than 45,000
square feet. The inteIpretation of CMC 18.72.050 that was adopted in connection with the
Oregon Shakespeare Festival's application was applied to the YMCA and it was approved.
Subsequently, the City had various internal discussions regarding the
interpretation of CMC 18.72.050. Ultimately. on September 16, 2005 the City Council 'voted to
adopt Ordinance 2900, which amended CMC 18.72.050. The amendments which became
effective on October 15,2003 provided in summary that no new development in the downtown
district could exceed a footprint of 45,000 gross square feet. or gross floor area of 45.000 square
feet. including rooftop parking. The new provision did not count underground parking toward
the 45,000 square foot limitation.
On or about January 28. 2004 the City Council reinterpreted CMC t 8.72.050
differently than the City had previously interpreted it in connection with the Oregon Sha.kespeare
Festival and YMCA. The City's reinterpreted version oreMe 18.72.050 limited development in
downtown Ashland to 45,000 gross square feet of floor area, including parking. 'J11e City's
reinterpretation was thus, different than the interpretation it actually applied in 2000 and 2001, as
explained above.
MEASURE 37 CLAIM
provides:
Measure 37, as accepted by the voters of the State of Oregon and placed into law,
(1) if any public entity enacts or enforces a new land use
regulation. or enforces a land use regulation enacted prior to the
effective date ofthis amendment (December 2, 2004), that restricts
the use of private real property or any interest therein and has the
effect ofreducing the fair market value of the property, or any
interest therein, then the owner of the property shall be paid just
compensation.
The current version of the City's big box ordinance, CMC 18.72.050. whi.ch was
adopted on September] 6, 2003, restricts the use of Mr. Neuman's property. It does not allow .
him to construct a building with a gross floor area in excess of 45,000 square feet, even if the
foot print of the building were less than 45,000 square feet. Thatlirnitation reduces the fair
POX 13308.sSvl 61!514-1
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market value ofMr_ Neuman's property. Mr. Neuman, who is an experienced develope:r, has
estimated the reduction in value at $2 million. Consequently, under Measure 37, if the City of
Ashland enforces its current regulation against Mr. Neuman, it is required to pay him ju:st
compensation in the amount of$2 million.
Mr. Neuman is entitled to make his claim because he acquired the propelrty in
1998, which was long before the September, 2003 enactment ofthe current version of CMC
18.72.050. Additionally, none of the exceptions to paragraph (1) 0 f Measure 37 apply to Mr.
Neuman's plans for the property. The City's big box ordinance does not restrict activities
commonly and historically recognized as public nuisances. nor is it related to activities for public
health and safety such as building and fire codes.
The City has the ability to avoid paying just compensation under Section 8 of
Measure 37. If the City wishes to invoke that right, it may waive, I.e. remove or not enforce, its
current regulation to allow Mr. Neuman to use the property for a "use permitted at the time" he
"acquired the 'Property." See, Section 8 of Measure 37. Thus, in the event the City waives CMC
18.72.050 to avoid paying just compensation. Mr. Neuman would be allowed to develop his
property for any use permitted in 1998.
Consequently. under a Measure 37 analysis, the critical questions is what uses
were permitted on the subject property in 199&. Since CMC 18.72.050 had not been interpreted
as of 1998) and was not interpreted in 1999. we believe the best way to get to the correct answer
is to ask: if an owner acquired the property in 2000. what uses would the owner of property have
been able to make? We know that in 2000 a commercial use with gross floor area over 45,000
square feet was permitted. as long as its foot print did not exceed 45.000 square feet. If we ask
the same question fOT a property acquired in 2001. we anive at the same answer. 111ere is no
legally supportable reason for the City to treat a person who acquired property in 1998
differently than a person who acquired the same property in 2000 or 2001. The only re;lSOnable
interpretation of CMC 18.72.050 as of 1998 was the interpretation applied by the City in 2000
and 2001.
The record in tIllS matter is quite Clear that that the City did not take any action to
reinterpret CMC 18. 72.050 until January, 2004. long after Mr. Neumarl"acquired the property.
Thus. we do not believe the City has any legal ability under Measure 37 to apply its 2004
reinterpretation in this situation; that reinterpretation was not in existence on the date Mr.
Neuman acquired the property in 1998. In the context of a waiver, we see no way the City could
apply its reinterpretation to an owner who acquired the property in 2000 or 200 I. The
undisputed fact is that the City applied a different interpretation in 2000 and 2001. Thus. it
follows that the City can not apply its reinterpretation to an owner who acquired properly in
1998. Again, there is no basis to treat the property O"WIlers differently. If the City did so, it
would be enforcing for the first time, a provision enacted before Measure 37 was enact<~d. and
would put itself back into a position where it had to pay compensation.
PDX lJ30lIS5vl 68514-1
PDrtlm1d
Sent by: DAVIS WRIGHT TREMAINE
5037785299i
11/15/05 4:38AMiJ~.~#726iPage 8/8
Michael W. Franell
October 5, 2005
Page 4
rm
In conclusion. we believe the language of Measure 37 and the background of this
matter make it clear that the City must eitller pay Mr. Neuman just compensation for enforcing
the Current version ofeMe 18.72.050 or waive that provision and allow Mr. Neuman to develop
his property consistent with the interpretation of that provision as it was in 1998 and not under its
recent reinterpretation.
We hope this analysis is helpful to you in making your recommendation to the
City. Please let us know if we can provide further information or if you want to discu~j the
contents of this letter.
Thank you for your attention to this matter.
Very truly yours,
CPKIlkt
cc: Gregol)' S. Hathaway
Doug Neuman
Ed Bemis
DaIT=h:~LL;. ~~
Christopher P. Koback
POX 1330855vl 68~14-1
Pol'tland
.....I"~:...~..,,.,..~.
From: Cate Hartzell
November 15, 2005
RE: Proposal to Establish Relationships for Assistance to Hurric:ane-
Affected Areas in Southeast United States
Background:
· Shortly after Hurricane Katrina hit the Gulf Coast, the Oregon and
National League of Cities asked their members to consider adopting
cities or jurisdictions in the affected areas.
· In researching possible city-to-city relationships, I talked with the
Director of the National League of Cities and their staff. In researching
suggested cities, it appeared that they had already been adopted by
several nearby towns and were receiving support.
· I convened a meeting with representatives from the Ashland School
District, City of Ashland, and South Valley Community Human Services
office in Ashland. Representatives expressed support for pairing with a
community that was not receiving considerable support already. SVCHS
arranged for office space to be available for volunteers and the ASD
expressed willingness to assist where possible.
· I was contacted by Robin Rose about contacts she made in Ashland,
Louisiana and with nearby United Houma Nation tribes. She
communicates regularly with the tribal representatives and is able to
provide clear information on residents' needs; she is traveling back to the
area on November 20th.
Recommendation:
I recommend that the City Council agree to officially establishing a
relationship with representatives of the United Houma Nation tribes to
support the rebuilding of their communities. They live in an area heavily
impacted by the hurricanes (as noted in the articles in our packet) and are not
the focus of any major recovery effOlis.
At this time, I am not proposing that the City commit any funds or staff to
this area, as other cities have done (note attachment). While the Councilor
other City entities could choose to do that in the future, my initial proposal is
to use our decision as a focal point for a more sustained response and an
increased level of awareness among Ashland residents about that area's
recovery efforts.
I will offer to convene a meeting of residents interested in being involved in
this effort and matching those interests with the resources (office space,
phone, etc.) that have already been offered to help with coordination.
Dr. Rose conveyed the need for construction materials and volunteers who
can help rebuild homes. There is also a need for appliances and furniture.
V olunteers can research and match corporate donors with private donations
and help coordinate the logistics that would be involved in delivering needed
items.
NLC Response to Hurricane Katrina
Page 1 of2
ership and governance
Advocatin8 for Cities
Resouf'QtS for Cities:
Co Be Events
. \~b~t~Lc
Newsroom: NLC Response to Hurricane ,.<.I\.a rma
.. Get nvolVed in NLC
,. Membership
t Press Room
,. Nation's Cities Weekly
~ Joift lID , ,
Cities Continue to Respond toLt~~~eds of Their Gulf Coast Colleague!
) Committees & Councils
) Constituency Groups
Washington, DC, September 8 - As the lte~ effort from Hurricane Katrina moves into its second
cities and towns across the country continYMCO,t;h8~ JlHt tg i~y.ictims by donating and collecting mc
gathering and distributing supplies, ~1!~ij'!'::;:rpeo~M Idfspracea frolT' )heir homes on the Gulf Coas1
09/08/05
While cities neighboring the Gulf Coast region are absorbing thousands of new residents - particular
Baton, Rouge, La., and cities across Texas - cities from San Francisco to South Burlington are also \
with their state emergency management offices to house hurricane victims and provide direct assista
while others are taking steps to "adopt" cities decimated by the storm.
"The National League of Cities (NLC) has been responding to the needs of our cities that have sufferE
devastation and ravages of Hurricane Katrina/, said Donald J. Borut, NLC Executive Director. "As YOL
expect, the outpouring of support and offers of help and assistance from cities across the country ha'
tremendous. The challenge has been and continues to be coordinating the needs with the resources I
by cities."
Among those donating resources or sheltering evacuees:
· In Washington, D.C., the D.C. Armory is sheltering 300 hurricane victims. The city also sen
busloads of supplies and 14 firefighters to aid in the Gulf Coast region.
In Clarksburg, W.Va., the city is working with the Clarksburg Housin!J Authority to provide
assistance to evacuees who have been relocated to Camp Dawson, a National Guard camp
Kingwood, W.Va. More than 300 persons are currently at Camp Dawson with the possibility
another 300 persons in the near future.
· Indianapolis, Ind., has been working with a local airline to send relief to the Gulf Coast reg
pick up displaced residents. About 120 evacuees are staying in shelters or receiving medica
IndianapoliS. The city is also exploring long-term housing services for evacuees who want t,
Indianapolis for a longer period of time or permanently relocate.
· Atlanta, Ga.'s Adamsville Recreation Center has served as a center for connecting those afl
by Hurricane Katrina with service providers from the surrounding area. At least 2,000 evaCL
staying in Atlanta shelters, with many more staying with families or at shelters throughout (
· South Burlington, Vermont, joined other Vermont cities in donating goods that were taken
convoy of 35 tractor trailers to Gulfport, Miss. on Tuesday. Boston's outreach efforts inclUl
drive for clothing and other supplies for hurricane victims. Cities such as Ames, Iowa, and
Greensboro, N.C., have set up shelters and are ready to accept evacuees from the Gulf Coa
region.
· Many other cities have sent firefighters or other personnel to the Gulf Coast region, as well
supplies. Several cities are working with U.S. Department of Housing and Urban DevelopmE
determine if and how they can provide long-term housing to displaced residents.
City to City Connections
In response to municipal leaders who want to create direct relationships with the cities and towns aff
http://nlc.org/N ewsroom/press Joom/63 97 .cfm
11/15/2005
NLC Response to Hurricane Katrina
Page 2 of2
Hurricane Katrina( NLC is working with the state leagues to develop "city-to-city matchesll. In some (
cities may "adopf' a Gulf Coast city( while others may choose to make direct donations of money( pel
or equipment.
Some cities already working on these personal connections:
· Belle Isle( Fla.( a small city of 6087 near Orlando( has adopted Waveland( Miss.( as a sister
provide emergency assistance. Belle Isle established a fund for Wavelland and kicked off thf
donations pledging $10(000 in relief money and is urging local businesses and residents to
contribute to the fund. Waveland is a city of 7(000 citizens 35 miles east of New Orleans. 1
was completely destroyed by the hurricane and storm surge, includinq the City Hall.
In Dubuque( Iowa( Council Member Dan Nicholson has asked that the city adopt Greenwo(
Miss.( as a sister city. Greenwood( a community of 18(000( is being called upon to shelter 2
displaced Gulf Coast residents( including 300 children. Nicholson( who has established a friE
with Greenwood Mayor Harry Smith through the NLC( has started the "Greenwood Mayor's
at the Dubuque Bank & Trust.
NLC(s Contributions
NLC is working directly with the Louisiana Disaster Recovery Foundation( a non-profit foundation estc
by La. Governor Kathleen Babineaux Blanco to accept donations that will be used to meet the immed
long-term needs of the thousands of Louisiana citizens whose lives have been devastated by Hurricar
Katrina. The Foundation was established to help provide immediate assistance through a network of
Louisiana charities and non-profit and governmental agencies. The foundation will work to support 10
family restoration and recovery by focusing on education( housing( health carel legal assistance and j
Louisiana families whose lives have been altered by Hurricane Katrina.
NLCs Institute for Youth( Education1 and Families is playing a leading role in convening a group of ex
that will focus on steps to assist cities and states as they seek to respond to Katrina's impact on child
the delivery of crucial human services. The group will initially look at large-scale resource needs that
be supported by the federal government or other sources; information dissemination and technical a~
needs; access to specialized expertise; and more targeted responses( including those from philanthro
organizations.
For more information( contact John Pionke at 202-626-3051 or Sherry Conway Appel( 202-626-3003.
****
National League of Cities
1301 Pennsylvania Avenue NW Suite S50 . Washington( DC 20004
Phone:(202) 626-3000 . Fax:(202) 626-3043
info@nlc.org . www.nlc.org
Privacy Policy
http://nlc.orglNewsroom/pressJoom/6397.cfm
11/15/2005
November 15, 2005
Thoughts About Goal Setting
Offered by Carole Wheeldon
I came by tonight to talk about the challenge of hiring a new
administrator and community development director and about
community goal setting. When I went to the City web site I found goals
for 2005-2007. I couldn't tell how much progress had been made and
would like to know how to get that information. But I did notice that 14
of the 25 goals involve community development, either solo or in
concert with other departments. Six goals involve public works with
three additional goals being shared with community development and
fire. Four of the goals involve the administration department. A.lthough
we know administration is involved in all the goals of the city. In any
case, 22 of 25 goals involve three departments that do not now or will
not in the near future have tenured leadership.
I know from my time on the council that council goals are only a portion
of the workload that any department takes on in a given year. They tend
to be long range, strategic and require a type of immersed departmental
leadership that insures some durability in the final product. This is not
meant to disparage those who are acting as interim or soon to be exiting.
They are to be commended but I would venture to say the task of day to
day operations is all consuming.
So I ask you to consider that when 3/5ths of the goals on the table directly
involve the administrator or the planning director, perhaps the Quly
additional goal should be to hire suitable replacements and allo,;v those
individuals to acclimate and assess the organization before adding to the
already long list of goals.
Now on to goal setting. I was surprised to find the council had gone as
far as to consider a community policing ordinance for first reading after
a self appointed citizen's committee made a presentation and 3 people
testified in favor. It was implied during the testimony that upon hiring
the new police chief the council had signed on to a philosophy of
community policing, a shift from professional policing. It seem.s that
would have been a goal of the council, with much public discussion
invited and perhaps a committee appointed by the council to study the
issue. This caused me to think of how the council can genuinely involve
the public in goal setting.
I ask you to consider thinking about goal setting in a way that
acknowledges the workforce you have budgeted for, gives the public a
way to participate and assess progress. and reflects a consensus of the
council. You might fmd you have a more concise, doable and n~alistic
plan if every council member has signed on rather than just tacking
everyone's list together.
Here's an idea.
· Goal setting commences every four years with the election of the
mayor.
· The community temperature is taken through polls, neighborhood
meetings and other forms of outreach.
. The council reaches consensus on what goals should be pursued. I
am not a fan of consensus because I have seen it badly abused, but
in this case it may be worth a try so the end product is not too
bloated.
. The staff produces a realistic timeline.
. A community forum is held to allow people to learn a about the
goals and sign up to serve on an ad hoc committee if one seems
necessary .
. Boards and commissions should be proposing goals and be active
members of ad hoc committees. My experience is that these groups
are creating their own goals leading to yet more work on the part
of your already stretched staff.
. At the mid term election goals are reviewed so new council
members can get up to speed and progress can be measun~d,
time lines adjusted. It takes a couple years to get the drift of city
business as a new councilor and they'll have their chance in two
years to propose new goals.
. Progress is reported quarterly at council meetings and in the city
newsletter.
. Everyone celebrates when a goal is accomplished!
Thanks for listening.
Brent Thompson
P.O. Box 201
Ashland, OR 97520
21 December 2004 & 15 November 2005
Ashland City Council
Ashland City Hall
Ashland, OR 97520
Re: Permitting signs on more than two building faces
To the members of the Council
On 2 November 2004 I approached the Council regarding the hardship on business
owners and building owners due to there being a restriction on the number o'f building
frontages able to have signs. As you know signs are very important to ensure that a
business has adequate exposure to attract customers.
Currently signs are permitted on only two sides, and I believe there is a need for signs
to be permitted on three or four sides of a building. I also believe that permittiing signs on
more than two building frontages will not depreciate the character of the city.
On 2 November 2004, I asked that you direct the Planning Department and
Commission to hold public hearings on the sign code. However, the Council elected to
bring the matter back to the Council. I appreciate that gesture. It is unusual but not
improper for the council to take the lead in what is normally a planning matter.. It seems
particularly proper when there is hardship involved.
The following addresses or locations are for some buildings or propertiHs with the
potential of having businesses entering from three or more public streets:
1. 310 Oak Sf., the former Cantwell's Market Building;
2. 208 and 250 Oak St., the Old Armory and shops in the old car wash;
3. 101 East Main, the Ganiard Opera House Building;
4. 212 East Main, the Lithia Springs Hotel;
5. 295 East Main, the former Sweet Shop building;
6. 296 East Main, location of Allen Drescher's law office;
7. 337 East Main;
8. 243 & 265 4th St., the Peertess Inn and Restaurant;
9. the Ashland Community Food Store building;
10.525 "A" Sf.; 585 "A" Sf. ( if the alley is a public or quasi public right of way);
11. 624"A"St.
12. Brisco School
13. Wells Fargo bldg.
In addition there are locations with more than two public entrances on MY one side of
where it is and would be appropriate for there to be permits for more than twOl signs on any
one street frontage. ,
As you may remember, we had originally applied at the direction of Planning Staff for
a variance, but after some months the interpretation by the City Attorney was that a variance
could not be issued for the number of building frontages permitted to have signs. On 2
November 2004, I asked that council deal with this problem so that a resolution is found as
quickly as possible because I have businesses that have been awaiting signage for six
months.
I ask that in both- Section 18.96.080 Commercial- Downtown Overlay
District (C-1-D) and Section 18.96.090 Commercial, Industrial and
Employmen1t Districts under A. Special Provisions the Council move to delete the
words at the end of the sentences where it reads "and no building shall be credited
with more than two business frontages."
This will end the hardship for several businesses and it does not stop Council from
directing staff to hold hearings at the Planning Commission level on the entire sign code.
Thank you.
Sincerely,
~~
P .S. There is one other matter I would like to advance for Council discussion and action,
and that is the! issue of having signs where there is a service entrance but not a public
entrance.
Such is the case at 333 N. Pioneer Sf. where the owners of Chun's Palace originally
intended to have a public entrance on Pioneer St., but saw an impracticality in maintaining
the Pioneer Sit. entrance as a public entrance. Without the current sign which will have to
be removed unless they do indeed make the entrance on Pioneer St. a public entrance,
there will be 100 feet of blank wall. Do we want blank walls extending for 100 feet.? Is there
a community aesthetic liability in retaining the Chun's Palace sign?
Under 18.96.020 under 7. Business Frontage the elimination of the words
"open to the general public." at the end of that sentence would eliminate the blank
wall affect where there is at least an entrance to a building.