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HomeMy WebLinkAbout2005-1206 Council Mtg Packet CITY OF ASH1LAND 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 amolllnt of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 6, 2005 Civic Center Council Chambers 1175 E. Main Street 6:30 p.m. Executive Session: City Attorney Evaluation pursuant to ORS 192.660(2)(i) 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF MINUTES [5 minutes] 1. Regular Council Meeting Minutes of November 15, 2005 V. SPECIAL PRESENTATIONS & AWARDS None VI. CONSENT AGENDA [5 minutes] 1. Minutes of Boards, Commissions, and Committees 2. Confirmation of Mayor's appointment of Dee Anne Everson to the Budge1l Committee for a term to expire December 31, 2006 VII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is thle 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 92.04.040}) 1. Public hearing and first reading by title only of "An Ordinance Amending Chapters 18.24, 18.28, and 18.88 of the Ashland Municipal Code - Land Use Ordinance, Re!~arding Conservation Density Bonus Point Calculations for Residential Development" VIII. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or lel)s, depending on the number of individuals wishing to speak.) [15 minutes maximum] IX. UNFINISHED BUSINESS None C I )(i"1CIL \!EFTI1\JeiS .-\RE 8RU-\f)(\ST LI\T uN CH-\"J~FL '.1 X. NEW AND MISCELLANEOUS BUSINESS 1. Passport Services [10 minutes] 2. Adoption of Findings for Planning Action 2005-01050 regarding 720 and 730 Liberty Street [30 minutes] 3. Termination of Agreement No. 86-01502 between the City and Our Lady (If the Mountain Catholic Church requiring public improvements [5 minutes] 4. Motion for Authorization to Negotiate Extending the Parking Enforcement Contract and Revising Hargadine Parking Structure Operations [10 minutes] 5. Request for Council to Accept the Downtown Selection Committee's Recommendation to Award Preparation of the Downtown Plan-Phase 1 [2!0 minutes] XI. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Second reading by title only of "An Ordinance Granting a Franchise to Avista" 2. Second reading of "An Ordinance Amending the Ashland Municipal Code Rellating to Adoption of the 2004 Oregon Fire Code" 3. Reading by title only of "A Resolution Establishing Cable Television and Internet Rates for the Ashland Fiber Network, Readopting All Other Rates Without Change and Repealing Resolution No. 2004-40" 4. Reading by title only of "A Resolution to Repeal Resolution 2005-40 Amending the Implementation of the Ashland Fiber Network Surcharge on Electric Accountl)" 5. Reading by title only of "A Resolution Amending Resolution 1993-39 to Include Homeowner Association or Maintenance Fees In Any Affordability Calculations" XII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 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 (ITY 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). L\/!/,i\/l( In (OI'\(!L \/!IT!\(, VOVl,W/U? /5, :Oil5 PI ( ,E / "f 6 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 15, 2005 Civic Center Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Morrison called the meeting to order at 7:00 p.m. in the Civic Center Council Chamb{~rs. ROLL CALL Councilors Hardesty, Amarotico, Hartzell, Jackson, Silbiger and Chapman were present. APPROVAL OF MINUTES The Regular Council Meeting Minutes of November 1,2005 were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Presentation by the Tree Commission. Tree Commission Staff Liaison Amy Anderson, Commission Chair January Jennings and Commissioner Bryan Holley announced the Giant Sequoia located at 165 Almond Street as the 2005 Tree: of the Year. The English Walnut Tree located at 84 Garfield came in second place and the California Black Oak located at 872 Hillview came in third. In addition, an Honorable Mention Certificate was awarded to the Siberian Elm that sprouted itself out of the pavement at Evo's Cafe. Mr. Holley briefly commented on a possible ordinance modification regarding tree protection fencing. He stated that this modification was unanimously approved by the Planning Commission and requested that this nuance be included as part of the Planning Ordinance audit. He also noted the Tree Commission's recent partnership with the Ashland Daily Tidings and stated that they have published several articles and have more planned. 2. Presentation of Government Finance Officers Association's "Distinguished Budget F'resentation Award". Finance Director Lee Tuneberg accepted the Government Finance Officers Association's Award. He stated that this is the sixteenth year in a row that this has been presented to the City and notc~d the criteria for receiving this award. Mr. Tuneberg clarified that the cost to engage in this program was $350 and recommended that the City continue to participate. CONSENT AGENDA 1. Minutes of Boards, Commissions, and Committees. 2. Confirmation of Mayor's appointment of David Young to the Bicycle & Pedestrian Commission for a term to expire April 30, 2008. Councilor Amarotico/Jackson m/s to approve Consent Agenda. Voice Vote: all AYES. PUBLIC HEARINGS None PUBLIC FORUM Dick Trout/830 Garden Way/Spoke regarding the Community Policing, Ordinance. Mr. Trout commented on the process for how this ordinance came forward and questioned the qualifications of the small group of people who brought forward this proposal. He questioned the rush to implement the ordinance and stated that there does not seem to be an immediate need for it. He stated that an inappropriate ordinance could make a police officer's job more difficult and could possibly open the City 1V//..1 \/l ( /n ((){ \( !ll/EEr/V(, \OVF\1/I!'N /5, _'UII,<: /'/(,/ -, I'r 6 up to lawsuits. Mr. Trout suggested the Council inform themselves on this issue before holding a public hearing and suggested a number of individuals they should consult on this issue. Mr. Trout suggested that: 1) the Council cancel any public hearing based solely on this group's proposal, 2) appoint an official committee to study and report on the matter, and 3) postpone the entire matter until a later date when the impact of a single event has faded into its proper scale of significance. Art Bullock/791 GlendowerlSuggested that the Council respond to the charter amendments proposed by the four different citizens group at their upcoming Special Council Meeting. Pam Vavra and the IRV group could be invited to discuss their majority vote ballot initiative. John Gaffey and the: AFN group could be invited to discuss if and how Council plans to place AFN on the ballot. Robin Lawson, Fred Roberts and Al Whilstater could be invited to discuss Council's response to their charter amendment requiring majority vote on any Property Transfer Tax. And the AshlandConstitution.org group could be invited to discuss their five proposed amendments to the charter language. Mr. Bullock also requested that the Council clarify which charter amendments they wish to pursue and which ones they don't. {MR. BULLOCK'S WRITTEN TESTIMONY WAS SUBMITTED INTO THE PUBLIC RECORD] Ed Bemis/398 Dead Indian Memorial Road/Spoke regarding the Measure 37 claim for the Mark Anthony property. Mr. Bemis noted the statement he received from the City's Legal Department informing him that a decision had already been made, and expressed his concern that a decision was made without public input. He also expressed his concern that they did not receive notice until after the decision was made and were now only allowed to submit written testimony. Mr. Bemis requested that the Council call this issue up for a public hearing, so that he can submit new information to be considered. City Attorney Mike Franell clarified the City's process for handling Measure 37 claims. He stated that per the City's procedural ordinance, after review if it appears that a claim does not meet the requisite requirements to be considered a valid Measure 37 claim, Staff prepares findings and submIts them to the Council for review. Council then has a period oftime after the preliminary decision has been made to call the matter up for a public hearing. At the same time, notice is also sent out to the property owners in the area and they can submit information they consider relevant to the decision. Before the decision becomes final, comments are reviewed to determine if any of the new information changes the: preliminary decision. If it does, Staff would come to Council and ask them to schedule a public hearing. If there is no information presented that changes the preliminary decision, and Council does not call the issue up, the decision becomes final. Mr. Franell clarified that the period to accept written comments from citizens has ended. Hl~ noted that a request from Mr. Neuman's attorney was submitted and that Council would be given adequate time to review this request. If the Council wishes to call this issue up for a public hearing, they need to notify the City's Legal Department by Thursday, November 17th, Joaquin Saloma/321 Clay StreetlExpressed his disappointed that the Council was not acting on the Community Policing Ordinance at tonight's meeting. He stated that this was a serious issue and suggested that the Council move forward on adopting the ordinance. Mayor Morrison clarified that the draftees of the proposed ordinance asked that it be taken off the agenda for tonight's meeting. He stated that it has not gone away; rather the draftees just needed additional time. Carole Wheeldon/835 Oak Street/Spoke regarding the challenge of hiring a new City Administrator and Community Development Director and about community goal setting. Ms. Wheeldon commented on the number of goals that are directly related to these positions and noted that 22 of the 25 goals involve departments that do not now, or will not in the near future, have tenured leadership. She suggested that the only additional goal should be to hire suitable replacements and allow these individuals time to L\lIIL\/l ( 1 n (()(\( 11. W!'I!\(, VOV! \llIFf{ /5. lOI/,' /' ICE; "I (; acclimate and assess the organization before adding to their already long list of goals. Ms. Wbeeldon also suggested that the Council consider thinking about goal setting in a way that acknowledges the workforce they have budgeted for, gives the public a way to participate and assess progress, and reflects a consensus of the Council. [MS. WHEELDON'S WRITTEN TESTIMONY WAS SUBMITTED INTO THE PUBLIC RECORD] Brent Thompson/582 Allison Street/Commented on a Sign Code modification that would permit signs on more than two building faces. Mr. Thompson explained that he brought this issue to the Council in November of last year after experiencing hardships because of this restriction. At that time, Council agreed to address the matter, but it has since seemed to have been tabled. Mr. Thompson requested information on what happened to the proposed ordinance, that this issue get "un-tabled",. and for the Council to have discussion. [MR. THOMPSON'S WRITTEN STATEMENT WAS SUBMITTED INTO THE PUBLIC RECORD] Mayor Morrison clarified that this issue did come before Council; however it turned into a more complicated matter than anticipated and was returned to Staff for clarification. He stated that he understands Mr. Thompson's predicament, but negatives were identified and they wanted to proceed carefully. He also noted that due to the current demands on the Community Development Department, this matter may take a little longer than anticipated to come back before Council for a decision. UNFINISHED BUSINESS None NEW AND MISCELLANEOUS BUSINESS 1. Public Art Selection for McGee Memorial. Management Analyst Ann Seltzer was joined by Public Arts Commissioner Jennifer Longshore. Ms. Longshore explained that the City received $19,000 from the estate of the Everett McGee family for the purpose of creating a memorial to honor the McGee and Neil families. The site selected for this memorial sculpture'is the open area at the comer of Lithia Way and Pioneer Street. The memorial project is intended to recognize the significant civic and business contributions of these two families" and through these families contributions, the theme "Nourishing our Community" was selected. Ms. Longshore explained that an RFP was sent out for artists to respond to. Twenty-five applications were received and a panel of citizens selected the proposal from artist Lonnie Feather. Ms. Feather's qualifilcations were noted and Ms. Longshore provided a brief description of Ms. Feather's concept for the memorial. Staffs recommendation is for Council to approve the selection and installation of this memorial. It was noted that the City's Legal, Engineering and Planning Departments reviewed the proposal and determined that the site and the sculpture would not violate the City's vision clearance codes. It was clarified that the existing sidewalks would remain as is. Ms. Seltzer clarified that th~: Engineering Department recommended the space underneath the panhandle be incorporated into the site. Clarification was requested on the site clearance standards and it was questioned if there would be any visibility issues. City Attorney Mike Franell explained that the Legal Department reviewed the code concerning the vision clearance issues and determined that this project would not violate thl~ code, as the site is exempt from the restrictions listed in ALVO 18.68. Mr. Franell stated that vision clearance standards come into play through the site design process, however since this site is on public property, it is not subject to site design review. From a code perspective, the vision clearance is not an issue. It was noted that this project was also evaluated from a practical standpoint by the Engineering Department who determined that it would be safe and approved the location and the artwork. The Engineering Department also verified the project complied with AASHTO requirements. -.--.,. -~. -----.----- IV/LLy[l (In ( O(\,( /l,\Jrf'T/\(; \OVJ\fJJ/R !5,'()il5 PI(,L 4 uf (, Suggestion was made for the base of the artwork to be constructed in a way that would allow the sculpture to be moved, should the need arise. Ms. Seltzer clarified that this was a common issue with public art projects and stated that a clause to this effect would be included in the contract with the artist. Councilor JacksonJAmarotico m/s to accept recommendation for the McGeeINeil Sculpture. Voice Vote: all AYES. 2. Adoption of Findings for Annexation, Comprehensive Plan and Zoning Map change for an approximately 1.6 acre parcel located at 593 Crowson Road. Interim Community Development Director Bill Molnar explained that this is the final step in the land use process for the annexation of a 1.6 acre parcel off Crowson Road. He noted that the applicant and the neighbor were asked by the Council to work out their issues and memorialize an agreement. Mr. Molnar stated that the provisions of that agreement are referenced in Condition #6 in the proposed findings. Staff recommends that the Council approve the findings with the attached six conditions. Councilor Amarotico/Jackson m/s to adopt the Findings for Annexation, Comprehensiive Plan and Zoning Map change for an approximately 1.6 acre parcel located at 593 Crowson Road. Voice Vote: all AYES. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. First Reading by title only of "An Ordinance Amending the Ashland Municipal Codle Relating to Adoption of the 2004 Oregon Fire Code." Fire Chief Keith Woodley and Division Chief Margueritte Hickman presented the Staff Report. Mr. Woodley stated that the action before the Council is the adoption of the 2004 Fire Code, which is essentially the 2003 International Code with the Oregon amendments. He noted that this action comes before Council about every four years. Ms. Hickrrian stated that most of the changes to the Fire Code are language changes. She commented on how the Fire Code fits into the code process and new development process. She also stated that the Land Use 'Ordinance, the Building Code and the Fire Code all address fire code issues and stated that it is important for all three to work together. Ms. Hickman noted the proposed modifications to the Fire Code Ordinance: . Page 1: Language was modified by legal counsel to properly adopt the Fire Code. . Section 15.28.020: It was determined that the new code adequately defined the duties. The previous language was deleted and the Fire Code was referenced. . Section 15.28.030: Language was cleaned up. . Section 15.28.040: Above-ground storage was changed to identify the code location. . Section 15.28.050: After consulting with local LPG providers, it was determined that a 500 limit was more than adequate. . Section l5.28.070.A: Change was made from 150 ft. to 250 ft. in order to be in cooperatllon with the Land Use Ordinance. . Section l5.28.070.B: Language was added requiring boxes to be installed and maintained in accordance with manufactures instructions. . Section 15.28.070.C: States that a hydrant needs to be within 300 ft. unless there are fire sprinklers in the building and then it can be extended to 600 ft. . Page 4: Exception #3 has been eliminated. . Section 15.28.070.F: Changes were made to the height of buildings to make it congruent with the Land Use Ordinance. . Section 15.28.080: Has been removed and the process listed in the Fire Code was adopte:d. - ._-----.--- .1.\!lL.l\f)( In ((J(\( 1l.1!F!'T/\(, \OVFlffiF/? i '. _'{III" I' i( ,1e':1 u{ () Mr. Woodley clarified that there are two issues in the Fire Code that diverge from the State:'s standards; one is the minimum fire flow for single-family dwellings and the other is the length of dead-ends before a turn-around is required. He stated that in regards to dead-ends, the 250 ft. length has been in place for several years and does not affect the response capacity of the Fire Department. He added that this adjustment was necessary due to the existing street right-of-ways and the development patterns within Ashland. Concern was expressed about these two modifications from the State requirements, especially in regards to hillside properties. Mr. Woodley stated that the biggest issue for them is that the development guidelines take precedent over a number of the Fire Code issues. Mr. Woodley clarified that they have to accommodate existing infrastructure, and explained that in many applications, houses and tight-of-ways are already in place and they need to find ways to work with that. He stated that under no case do they permit developments that would jeopardize fire protection. It was questioned if these issues regarding new development would be better addressed in the Land Use Ordinance. Ms. Hickman re:sponded that this would be an appropriate place to start. Mr. Woodley provided an explanation of how the fire engines position themselves during emergencies and stated that entrapment should not be an issue. He added that they always leave themselves with a quick exit when dealing with wildfires. It was questioned what the time difference between backing up 150 ft. and 250 ft. would be. Mr. Woodley stated that it depends on a number offactors, but would be an increase of seconds, not minutes. Comment was made requesting discussion on what is actually safe in the hillside lands. Mr. Woodley explained that these issues need to be addressed in the Planning Ordinances, the Building Code and the Fire Code because they each have their piece; and noted that the Fire Code is subservient to the other two in many areas. He suggested that there be additional discussion on how these pieces fit together, how the codes compliment each other, and how the City of Ashland should be developing. Mayor Morrison agreed that in terms of the broader picture, additional discussion needs to be had so they can define where they want to go and give Staff direction on the coordination ofthe three elements. City Attorney Mike Franell pointed out that the Fire Code was the easiest of the three codes to amend. He also noted that when it comes to these types of issues, the Land Use Code prevails and contains the 250 ft. standard. It was noted that the Land Use Code is currently under review for possible amendments or clarification. Request was made for this issue to be discussed at a future Council Study Session. Councilor JacksonlAmarotico mls to approve first reading as written. DISCUSSION: It was questioned what the urgency was in moving this forward and comment was made that there are constructive changes that could be made. Opposing comment was made that it is important to adopt the current version of the Code under Oregon State Law. Mayor Morrison suggested that the Council pass the Fire Code, but agreed that the congruence between the three Codes needs to be looked at. Roll Call Vote: Councilor Hardesty, Amarotico, Jackson, Silbiger and Chapman, YES. Councillor Hartzell, NO. Motion Passed 5-1. Councilor Jackson left the meeting at 9:00 p.m. ~_._._.."m...__. _~ ----.-- ISI/LA\fl (rn ( or \( /l.l/FF/I\(, \0 Vi ltliFR ; 5,'(i1l5 /'1(,1'1,,,;(. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Request from Councilor Hartzell to consider assistance to hurricane affected area. Robin Rose/2300 Siskiyou BoulevardlNoted that she had previously come before Council to address this subject. Ms. Rose presented a slide show of photos from her recent trips to Southern Louisiana and suggested that the City develop a relationship with the Houma tribes, who have been heavily impacted by the hurricanes but have not received much assistance. Ms. Rose stated that the City of Ashland is in a position to make a difference and could really help by creating a sisterhood with this community. Councilor Hartzell submitted information to the Council on establishing relationships for assistance to hurricane affected areas and suggested that the Council agree to establish an official relationship with representatives of the United Houma Nation tribes to support the rebuilding of their communities. Councilor Silbiger/Hardesty mls to officially work towards establishing a relationship with the representations oftheVJ::uma Nation tribe. Voice Vote: all AYES. ADJOURNMENT: O,\JJ Meeting adjourned at 9: 17 p.m. Barbara Christensen, City Recorder John W. Morrison, Mayor ON MEMBERS PRESENT: Richard Brock (Chair), Jo Anne Eggers (Vice Chair), Anthony Kerwin, Dan Mayrnar, Joseph Vaile Members Absent: Frank Betlejewski, Diane White Staff Present: Tyler Douglas, Nancy Slocum, Marty Main Non-Voting Members Present: Cate Hartzell 5. CALL TO ORDER: Chair Brock called the meeting to order at 4:49 PM in the Siskiyou Room. 5. 6. APPROVAL OF MINUTES: Vaile/Eggers rn/s to approve the minutes with two minor changes. Motion passed unanimously. 6. 7. PUBLIC FORUM: None 7. 8. ADJUSTMENTS TO THE AGENDA - None. 8. IX. OLD BUSINESS A. AFRCA T Update - Main announced that the next AFRCA T meeting was scheduled for Monday, October 17th. He was hoping to have the Forest Service's modeling map available for use at the meeting. B. Council Presentation Report - Commission congratulated Brock and Betlejewski for a job well done. Vaile said he had wanted to impress upon the Council that AFR was a ten year project and the commission needed their help to lobby funding. Main said the Forest Service would soon send him the project's funding needs. C. Winburn Parcel- The commission tabled the discussion until Main finished the inventory and draft prescriptions, but scheduled a public hike to the parcel on November 12th from 9:00 AM to 4:00 PM depending upon the weather. The public would meet at the swimming hole. D. Finalize Three Year Commission Goals - The commission had not prepared objectives in advance of the meeting and so brainstormed objectives for the "Collaboration with others in watershed projects in the City" goal. They also discussed the need for a "Fire Management Plan" in lieu of Main's 2004 "The Ashland WildlandlUrban Interface Wildfire Management Inventory, Analysis and Opportunities." Main suggested that his report plus the CWlPP would serve the purpose of a Fire Management Plan. Hartzell thought more was needed specifically regarding the Forest Service's plan. Commissioners wondered if the Oregon Department of Forestry and the Forest Service had a written response to fire. Commission would ask a representative from ODF to a future meeting to discuss their fire suppression response plan and opportunities for input from City. They asked staff to check into whether the Forest Service had a fire response plan within the watershed other than what was included in the Upper Bear Assessment. They also requested ASHLAND FOREST LANDS COMMISSION MEETING G:\pub-wrks\eng\dept-admin\FORES1\MINUTES\2005\OCT 12 05.doc Page I of 2 - ---------.~--._.T-- Diana - OCT 12 05.doc Page 21 information on existing contracts with these agencies and whether the City had a map if existing water sources. Vaile asked if prescribed fire was addressed within Main's report. Main said no. Those commissioners assigned to a goal would clarify that goal, list objectives and bring them to the next meeting. E. Monitoring on City Owned Land - Main handed out the City-owned forestlands inventory status dated April, 2005. He noted that the Winburn Parcel was still in need of summary and inventory work. Brock was interested in having access to the entire inventory and monitoring data in one binder. The binder would be stored in Slocum's office and be available to the commissioners and the public. Brock also requested that a one page-per-unit summary (number of acres, slope/aspect, stand information, productivity, soils inventory, snag inventory, woody debris inventory, fuels inventory, vegetation composition inventory) and relevant summary maps be prepared and distributed to all the commissioners. Other items for further discussion on this topic include how often to gather information (e.g. post treatment info, beetle inventory, etc). Main thought the main question for the commission to consider was what data does the commission need to facilitate management of the city-owned portions of the watershed? Although some data would be of use to the Forest Service, there may be some funding issues. The commission also needed to discuss and decide on a report format. The commission agreed to form a subcommittee to review monitoring needs. The subcommittee members would includ~ Vaile, Brock, White and Main. 10. NEW BUSINESS 5. Update Commission Glossary - tabled. 6. Thoughts on getting through the agenda - tabled. 9. VII. COMMISSIONER COMMENTS - None. XI. ADJOURN: 6:07 PM Richard Brock, Chair Respectfully Submitted, Nancy Slocum, Clerk ASHLAND FOREST LANDS COMMISSION MEETING G:\pub-wrks\eng\dept-admin\FOREST\MINUTES\200S\OCT 12 OS.doc Page 2 of 2 ~~, . Ashland School District CITY OF ASHLAND Ashland City Council, Ashland School Board, and Ashland Parks and Recreation Commission Joint Special Meeting Minutes November 17, 2005, 7:00 pm Civic Center, Council Chambers, 1175 East Main Street Attendance: City Councilors A. Amarotico, Chapman, Hardesty, Hartzell, Jackson, Silberger, and Mayor Morrison were present. School Board Members Alexander, Amrhein, Marr, Parker" and Patton were present. Parks Commissioners Eggers, Gardiner, Lewis, and D. Amarotico were present. Commissioner Rosenthal was absent. Staff: GINO GRIMALDI, CITY ADMINISTRATOR JULI DI CHIRO, SCHOOL SUPERINTENDENT DON ROBERTSON, PARKS DIRECTOR I. CALL TO ORDER Mayor Morrison called the City Council Special Meeting to order, Park Commissioner Gardiner called the Park Commission Special Meeting to order, and Chair Parker called the School Board Special Meeting to order at 7:03 pm at Council Chambers, 1175 East Main Street in Ashland, Oregon. II. INTRODUCTION AND AGENDA REVIEW There were no changes to the agenda. III. APPROV AL OF MINUTES Eggers moved to accept the minutes as presented; Jackson seconded. The minutes were accepted as presented. IV. PUBLIC INPUT There was no public input. V. JOINT RESOLUTION Robertson referenced his written statement, explaining that, at the last joint meeting of the Ashland School Board, Ashland City Council, and Ashland Parks and Recreation Commission, each elected body appointed a representative to develop a long-term agreement for the disposition of the playgrounds at Lincoln and Briscoe schools. On October 28th, Alex Amarotico, Amy Amrhein, and Joint Meeting Minutes Page 1 of7 ,.. I ',,t: ) ,. ) {" ASHLAND PARKS ~----.--- JoAnne Eggers met to begin discussions on the agreement. It was realized that an agreement will take several meetings to accomplish. It was also recognized that an intermediate step may be useful to assure the community that the Lincoln and Briscoe properties are not in danger of redevelopment in the near or foreseeable future. In order to assure the community, the committee developed a resolution pledging to work together to develop an agreement that would protect those properties for the foreseeable future. Further, the resolution recognizes the need for the three elected bodies to work together in the planning and funding of long- term capital needs. Finally, the resolution sets a goal of completing the agreement by July 1, 2006. Mayor Morrison read the following proposed resolution for the record. Whereas the citizens of Ashland have expressed their desire to maintain Briscoe and Lincoln Schools playgrounds as parks; Whereas the city has a comprehensive plan goal of providing a neighborhood park within a quarter mile of each residence, and school grounds are factored into that format as neighborhood parks; Whereas the Ashland School Board, Ashland Parks Commission, and Ashland City Council agree that all the school grounds, including Briscoe and Lincoln, shall remain as public open spaces; Whereas the Ashland School Board, Ashland Parks Commission, and Ashland City Council agree that they all have large capital needs that should be addressed as a consolidated effort; Whereas the Ashland School Board, Ashland Parks Commission, and Ashland City Council recognize that each of their constituents is also the others' constituents, and that proper use of tax dollars is critical to each entity's mission; Whereas the Ashland School Board, Ashland Parks Commission, and Ashland City Council recognize that time is limited and that a goal of implementation of any plan will occur on or by July 2006; Now, therefore, be it resolved that the Ashland School Board, Ashland Parks Commission, and Ashland City Council shall preserve the playgrounds at all the current Ashland School District facilities, including Briscoe and Lincoln, as open spaces; that all three elected Joint Meeting Minutes Page 2 of7 boards shall identify their major capital needs and work together to coordinate funding in a manner that is beneficial to the taxpayers of Ashland; and that the three jurisdictions will develop a maintenance plan that properly distributes the costs and liabilities of maintaining all of their publicly owned facilities. Silberger declared a potential conflict of interest due to his being a shareholder in Plexis Health Care. Group members accepted his declaration and agreed that he could participate in the discussion. Jackson asked for clarification of the definition of playgrounds. Robertson clarified that schools define playgrounds as the playing fields or spaces where recesses might normally occur; parks defines playgrounds as the open play areas which would preclude aesthetic areas or front lawns of schools. This definition could be more fully developed in the actual agreement. Jackson asked that this particular area be dealt with in the agreement. The group revised the resolution to read as follows: Whereas the citizens of Ashland have expressed their desire to maintain Briscoe and Lincoln Schools playgrounds as parks; Whereas the city has a comprehensive plan goal of providing a neighborhood park within a quarter mile of each residence, and school grounds are factored into that format as neighborhood parks; Whereas the Ashland School Board, Ashland Parks Commission, and Ashland City Council agree that the school playgrounds, including those at Briscoe and Lincoln, shall remain as public open spaces; Whereas the Ashland School Board, Ashland Parks Commission, and Ashland City Council agree that they all have large capital needs that should be addressed as a coordinated effort; Whereas the Ashland School Board, Ashland Parks Commission, and Ashland City Council recognize that each of their constituents is also the others' constituents, and that proper use of tax dollars is critical to each entity's mission; Whereas the Ashland School Board, Ashland Parks Commission, and Ashland City Council recognize that time is limited and that a goal of Joint Meeting Minutes Page 3 0[7 implementation of any plan will occur on or by July 2006; space around the schools will be preserved as playing fields; Now, therefore, be it resolved that the Ashland School Board, Ashland Parks Commission, and Ashland City Council shall preserve the playgrounds and playing fields at all the current Ashland School District facilities, including Briscoe and Lincoln, as open spaces; that all three elected boards shall identify their major capital and maintenance needs and work together to coordinate funding in a manner that is beneficial to the taxpayers of Ashland. Public comments were received as follows. Bill Street, 180 Mead Street, expressed concern that the public needs to understand what this resolution means. Many are concerned about school playgrounds and preserved parks. Would you consider having affordable workforce housing on school property at some time to attract families with children to our schools. Mr. Street cited statistics of the percentages of Ashland public employees who live outside of Ashland. At the current rate, we won't have enough families with income to pay for the aging population on Medicare to support the Ashland Community Hospital. Melissa Mitchell-Hooge, 271 High Street, supported the proposed resolution.. She expressed concern about workforce housing. Sue further explained that playgrounds portray playground structures, and playing fields are extremely important to parks. Jackson asked that the resolution address Briscoe and Lincoln playgrounds as well as bond issues. She would rather pursue and participate with the Housing Commission to discuss workforce housing. Alexander hoped that playing fields would be interpreted as sporting fields. Hartzell suggested that the resolution designate a minimum amount of land that would be playing fields. Jackson moved that the Ashland City Council approve the resolution as amended with wording changes. A. Amarotico seconded and the motion passed unanimously. Joint Meeting Minutes Page 4 of7 Marr moved that the Ashland School Board adopt the consensus resolution as amended. Alexander seconded and the motion passed unanimously. Eggers moved that the Ashland Parks & Recreation Commission adopt the resolution as amended. D. Amarotico seconded and the motion passed unanimously. VI. SOSP JOINT-USE RECOMMENDATIONS Melissa Mitchell-Hooge highlighted the Save Our Schools & Playgrounds Task Force Recommendations for Preserving Schools & Playgrounds and responded to questions. The recommendations were: 1.) Enter into a formal joint-use agreement between the Ashland Parks Department, City of Ashland, and the Ashland School District regarding school grounds maintenance. 2.) Share maintenance equipment and maintenance facilities yards between the City of Ashland, Ashland Parks & Recreation Department and Ashland School District, to the extent that is feasible, in order to save money, share resources, and possibly open up available land for workforce housing. 3.) Explore the idea of workforce housing on public land that does not currently house a playground or playing field, and encourage the donation of alnd to tht~ City or School District for the purposes of workforce housing. 4.) Market Ashland to families. VII. SET AGENDA FOR NEXT MEETING The group discussed next steps. It was agreed that the maintenance steering committee would continue to operate with Amrhein, Eggers and A. Amarotico as members. Patton volunteered to serve on the committee as a resource, since she did research for the SOSP report. Jackson requested clarification on the task of the maintenance steering committee:. She expected the committee to work with staff on the resolution to determine what would be financial workable. She further felt this large group should start receiving information from finance directors of the school district and the city, as well as from Dan Ross regarding different levy options any of the entities can use as a special fundraising tool. Hartzel supported the resolution with the understanding that more definitions would be developed and more clarification regarding the playing fields would be provided. Joint Meeting Minutes Page 5 of7 Alexander felt the three entities are specifically tasked with discussing the maintenance of the playing fields and the parks of the schools, and questioned how the bond issue becomes involved. Jackson explained that the resolution indicates that we want to develop a long- term arrangement for maintenance and playgrounds. Gardiner pointed out that the cost recommendation of the SOSP is to shift $190,000 to the Parks & Recreation Commission to take care of the maintenance, and he is not sure where that money will come from. Hartzell reminded the group that the subcommittee needs to provide public notice when it meets. Hartzell further recommended that a subcommittee on the funding goal be appointed that is separate from the resolution. Eggers stated that she is committed to discussing dedicated parkland in the future and issues that are shared by the three entities, not just maintenance of school grounds. Amrhein understands the task of the maintenance subcommittee and would like to meet with staff so the subcommittee can further define what will be done and when. The subcommittee will then develop a plan that can be presented to the large group. Hartzell moved to appoint Patton to the maintenance subcommittee. Gardiner seconded and the motion passed unanimously. The group confirmed that the Housing subcommittee consists of Kate Hartzel, Jim Lewis and Ruth Alexander. Hartzell proposed that the large group meet in mid-January and the maintenance subcommittee report on its recommendations. The subcommittee can request feedback from the different entities prior to the January meeting. The next agenda was set as follows: · County Assessor Local Option Levy presentation. · Updates from city and school financial officers. · Update from Maintenance Subcommittee. · Update from Housing Subcommittee. · Update from Transportation Subcommittee. · Meet again on Thursday, January 19, at 7:00 pm-Council Chambers. · The City will do the minutes of the meeting. VIII. ADJOURNMENT Morrison adjourned the City Council, Parker adjourned the School Board, and Gardiner adjourned the Parks Commission at 8:58 p.m. Joint Meeting Minutes Page 60f7 Joint Meeting Minutes Page 7 of7 . T -----.r-- CITY OF ASHLAND Ashland Tree Commission Regular Meeting November 3, 2005 Minutes I. CALL TO ORDER: Chair January Jennings called the Ashland Tree Commission meeting to order at 7:00 p.rn. on November 3, 2005 in the Siskiyou Room in the Community Development/Engineering Services Building at 51 Winburn Way. Commissioners Present: Pennie Rose Bryan Holley Mary Pritchard (absent) Laurie Sager Ted Loftus (absent) January Jennings Steve Siewert Council Liaison: Staff Present: Cate Hartzell, (arrived at 7:15 p.m.) Amy Anderson, Assistant Planner Donn Todt, Parks Department Carolyn Schwendener, Account Clerk II. APPROVAL OF MINUTES: Commissioner Holley proposed the possibility of making the minutes a little less detailed. Holley/Rose m/s to approve the minutes of October 6, 2005. Voice vote: All AYES, Motion passed. The minutes of October 6, 2005 were approved. III. WELCOME GUESTS AND PUBLIC FORUM: N one present. The Commissioners welcomed new Tree Commissioner Steve Siewert. IV PUBLIC HEARINGS: PLANNING ACTION: 2005-1476 is a request for a Land Partition to divide one existing parcel into two parcels including one flag lot for the property located at 290 Skycrest Dr. The application includes a proposal to vacate the existing public alley right-of-way to the north of the property. A Variance is requested to minimum lot width requirement and the minimum lot size. The minimum lot width required is 100 feet, and the proposed lots are irregularly shaped with portions under 100 feet in width. The minimum lot size in the RR-.5 zone is .50 of an acre, and the proposed lots are .36 of an acre. The eastern portion of the property, approximately .38 of an acre, is proposed as dedicated open space. A Physical Constraints Review Permit is requested to create a parcel with slopes 25% and greater and remove three Black Oak trees greater than 12 inches diameter at breast height in Hillside lands. APPLICANT: Brian and Diane Smith Commissioner Sager recused herself from this Planning Action because her office is working on the project. Amy explained that this Planning Action came before the Tree Commission on September 8, 2005 however the Commission did not have a quorum. The applicant postponed the Planning Action Page 10'4 and it is now coming back to the Commission for review. Amy stated that the Landscaping and Erosion Control Plans are required as part of the Physical and Environmental Constraints review. The landscape plans will get reviewed by the staff advisor and Robbin Pearce will review the irrigation plan that corresponds when the building permit is submitted. Applicant Testimony: Brian Smith gave a narrative regarding his plan and showed photographs he had taken of his property. The Commissioners acknowledged that the applicants have put a lot of care into their project and they appreciate the effort in protecting the trees on the property. The Commissioners had no recommendations for this Planning Action. PLANNING ACTION: 2005-1673 is a request for Site Review approval of a mixed-use commercial and residential development to be located at 1651 Ashland St. The proposal includes two, three-story mixed-use commercial and residential building. Both buildings will consist of office and retail uses on the ground floors, and residential units on the first, second and third floors. A total of 23 residential units are included in the proposed development. The site is located in the Detail Site Review Zone and is subject to the Detail Site Review Standards. In addition, the proposal is subject to the Larj~e Scale Development Standards because it exceeds 10,000 square feet in size and includes buildings greater than 100 feet in length. An Administrative Variance from the Site Design and Use Standards is requested for the distance between the buildings. A Tree Removal Permit is requested to remove 18 trees on site. APPLICANT: Kirt Meyer POSTPONED PLANNING ACTION: 2005-01833 is a request for Subdivision approval to creatEl seven parcels including six pad lots and one common area lot for the property located at 150 Clear Creek Dr. APPLICANT: Spur Rail LLC THIS APPLICATION WAS IMPROPERLY NOTICED FOR TREE COMMISSION, THERE IS NOT A LANDSCAPING PLAN REQUIREMENT FOR SUBDIVISION APPROVAL. THIS ACTION WILL BE CONDITIONED THA T A LANDSCAPING PLAN BE REVIEWED BY TREE COMMISSION PRIOR TO SIGNATURE OF FINAL PLA T AND AGAIN FOR EACH SITE REVIEW. V. DISCUSSION ITEMS A. Monitoring and Enforcement with Adam Hanks Adam Hanks, City Code Compliance Specialist, was present to answer ques.tions the Commissioners had regarding code compliance and monitoring. Mr. Hanks had recently completed a project where he and Dean Walker put Door Hangers on citizen's doors that may be in violation of City Municipal Zoning Code regarding vegetation trimming. Mr. Hanks stated the reason for the door hanger was because it would actually call attention to the person who is residing at the residence rather then a home owner who might not even live in the area. Public Works and the Electric Department are not altogether satisfied with the follow up from this procedure because not everyone responds quickly and others ignore it altogether. Har1zell noted that the door hanger was not very explanatory. The Commissioners discussed the issue of the 14' limit vegetation over streets. Mr. Hanks stated that in Chapter Nine it still states 12' and in Chapter 13 it was changed to 14'. Mr. Hanks is not sure which one takes precedence. Hartzell suggested that someone from the Tree Commission do a ride along with the Street Sweeper and City Bucket Trucks. Sager suggested neighborhood trimming classes. The Commissioners decided to have a Study Session to address the issues with this code. Mr. Hanks Page 2 of 4 will coordinate the Study Session with Public Works, Electric Department and Street Swt:epers. A noon meeting for an hour was decided upon. The Commissioners will email ideas and topics to Mr. Hanks regarding their thoughts about the other discussion topics they did not have time to discuss. The Commissioners agreed to copy their emails to Mr. Hanks to each other as well. B. Trees in Median near Omar's Sager stated she was concerned about planting Parrotia's at this location and asked to discuss the possibility of having something more vertical and that can tolerate everything. She felt that the Parrotia is sensitive and can grow somewhat wide and didn't feel it was necessarily the appropriate tree for this spot. Her experience was that they needed a lot of babying. Todt suggested that Sager and the other Commissioners take a look at the long row of Parrotia's used as Street Trees along Wightman. Approximately thirty of them were planted about 12 years ago. Generally they are planted in woodland situations and that is why you see them wide spreading though normally they tend to be much more upright, stated Todt. Todt has full confidence that they will do well at that spot as they are easily pruned, disease and insect resistant and have a beautiful fall color. It was decided to plant five trees. Amy will speak with the Deboer's regarding mitigation. The Commissioners decided the amount for each tree including planting will cost $450.00. VI. ACTION ITEMS A. Tree of the Year a. Presentation at Council: Tree of the Year is the Giant Sequoia located at 165 Allmond St. Fifty-six ballots were turned in. Fred Stockwell will be taking the photograph of the tree and Amy will notify the property owners. The presentation will be at the November 15th City Council meeting. In the future the Commissioners would like to eliminate the word favorite from the title. It was decided to have a sub-committee to discuss what the criteria should be for the Tree of the Year. The discussion of the sub-committee was tabled until next month when Prit<:hard and Loftus can be present. The Commission also discussed the idea of having a Tree Tour next year showing all the nominations or the five different finalists. B.Replacement post for 391 Liberty - 2001 Tree of the Year. Holley spoke with the home owners and discovered that the wood had rotted out on the back. Todt took the plaque to repair it and then he and Holley will offer to help install it. Type I Review sign-ups: December 8, 2005 Jennings, Loftus and Siewert January 5, 2005 Pritchard, Loftus and Siewert February 9,2005 Sager, Holley and Siewert March 9,2005 Jennings, Rose and Siewert VII. ITEMS FROM COMMISSIONERS A. Liaison Reports Hartzell encouraged the Tree Commissioners to fill out the organizational audit review survey that they received. She also encouraged the Commissioners to be thinking about their long term goals that could be imputed into the Councils goal setting. Todt shared the proposed tree removals for 2006, most of which are in Lithia Park. The Lithia Park walk thru with the arborist will be held on Wednesday November 16 at 1:00 p.m. T~dt noted that the City does not take care of the Trees on Pioneer Street, Shakespeare does. He noticed a lot of girdling. Amy will talk with her friend Ramy who works for Shakespeare and ask him who is responsible for the landscapeing. Rose volunteered to walk with them and share information about tree care. Page 3 of 4 B. Old Business None C. New Business The Commissioners would like goal setting put on the January agenda. Amy will count the amount of Street Tree Guides that are left and put a copy in the Lobby showing the cost. Jennings reported that she had recently gone by the new Dorm at SOU and watched the landscapers plant the trees. She was very pleased stating they did a good job. Sager will bring a copy of the Tree Planting Detail that her office uses to next months meeting for the Commissioners to review. D. Current Balance $609.55 Will be receiving an invoice from the Daily Tidings articles. E. Tree Commission Goals 1. Education 1. Daily Tidings Back Page. December's article will be on Pnming and Rose volunteered to draft the article. 2. Tree Clinics. Pritchard is scheduling one. Rose volunteered to mount the certificate for Evo's tree that won Honorable Mention. VIII. ADJOURNMENT Commissioner Jennings adjourned the meeting at 9:27 p.m. Page 4 of 4 -, MEMORANDUM DATE: November 30, 2005 RE: City Council Members ~ Mayor John W. Morrison a \ Appointment to Budget Committee TO: FROM: December 6, 2005 Council Meeting Please confirm my appointment of Dee Anne Everson to the Budget Committee D)f a term to expire December 31, 2006. Attached is a copy of Dee Anile Everson's application, and a copy of the advertisl~ment 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 ~---_.._-_._--,.. ------------y-- RECEiVED OCT Z H 2005 CITY ()f ASHLA.ND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at . ~.. C.ity !iall, 2QE,Main Street, or email christeb@ashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary . Name: Dee Anne Everson Requesting to serve on: Budget Committee ( Commission/Committee) Address: 1442 Windsor St., Ashland, OR 97520 Occupation: Executive Director, United Way_ Phone: Home: 482.8983 Work: 773.5339 Email: deeanne@jeffnet.org Fax: 482.8993 or 773.7042 1. Education Back2round What schools have you attended? Stanford University Nonprofit Leaders Program What degrees do you hold? High School Diploma What additional training or education have you had that would apply to this position? I believe the Stanford University Nonprofit Leaders Program is extremely beneficial as well as Rapport Leadership International Leadership I. I have attended numerous trainings and conferences I believe would be beneficial. 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? Previous to United Way, for the past 9 years, I was an economist. I served 13 yt~ars with Valley National Bank in Phoenix Arizona and 3 years with the Greater Seattle Chamber of Commerce as their economist. Additionally I have chaired the RVTD budget committee and served as vice chair as well. I am a member of the Rogue Valley Council of Governments budget committee also. For the past 15 years I have developed" implemented and managed budgets that I was directly accountable for. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? While I do feel that I could bring positive experience to the budget committee, I have a deep commitment to life long learning and could always strengthen my skills. ,- ~.l' 3. Interests Why are you applying for this position? I have wanted to be in service to my town for some time and have shared it with many people. The opportunity was pointed out to me and I feel I would grow and I would bring skill to the position. 4. Availabilitv Are you available to attend special meetings, in addition to the regularly schedul~:d meetings? Do you prefer day or evening meetings? I do control my own schedule and if meetings were scheduled enough in advance: to accommodate the rest of my commitments I could make day meetings. I prefer day meetings over evening because I'm fresher during the day although I would commit to attendance in the evenings. 5. Additional Information How long have you lived in this community? We move to Ashland in January 1994. We lived here for 7 months and moved to Tucson, Arizona. Within two month of being there we knew we wanted to be back in Tucson. Upon conclusion of the academic year at U of A, we returned in May 1995 and have been here since. So we've been here just over 10 years at this point in time. Please use the space below to summarize any additional qualifications you have for this position I have been committed to community in each community where I have lived. I have attached my resume to provide additional information. I look forward to the opportunity to serve if approved. Thank you. Date Signature ~.l' ~.- Dee Anne Everson 1442 Windsor St., A:ihland, OR 97520 (541)482-8983 (home); (541)601-1685 (cell) deeanne@jeffnet.org Qualifications: Over 25 years progressive management responsibilities: * Leadership /Management * Strategic Planning * Mission Development * Public Speaking/Presentations * Retreat Planning/Facilitation * Outcomes Based Evaluation * Business/Profit Planning * Customer Service * Research/Analysis * Publications/Events Production * Development/Membership * Staffing/Training Work Experience: 1196-present United Way of Jackson County, Executive Director, Medford, OR Responsibilities: Executive Director, $1.3 million budget, board of directors of 30, staff of 4, responsible for community building, raising and allocating funds. Community building work has included an active role in bringing the Building a Learning Community Core Course to the Rogue Valley, the Meth Summit and Task Force and the Poverty Summit. Have increased member agencies from 19 to 34 and programs from 23 to 47 since 1997. Have increased fundraising and community building opporturuties. Implemented outcomes-based evaluation. Implemented Day of Caring -largest community volunteer event annually. Conducted bylaws and governance reviews. Promoted to executive director November 1997. Prior positions include acting director, campaign/ fund distribution manager and needs assessment analyst. 8/94-12/95 Independent Economic Consultant, Tucson, AZ Accomplishments: Various projects including solid waste management, market research, demographic and real estate feasibility studies. 1/94 - 7/94 Arts Council of Southern Oregon, Membership Coordinator, Medford, OR Accomplishments: Redesigned sponsorship programs and directed most successful campaign in the organization's history. Introduced cost-saving methods for membership programs. Designed and conducted first membership survey. Increased business sponsorships by 30 percent and increased retention by 5 percent. ~... --------- ._-~ Everson Page 2 8/90 - 12/93 Greater Seattle Chamber of Commerce, Economist & R,esearch Manager, Seattle, WA Accomplishments: Increased number of publications available for sale by 165 percent in three years. Increased income by 44 percent in three years, turning department from net cost to net income of $150,000. Reduced expenses by 6 percent annually. Substantially reduced errors in directories. Assisted with total qualitV and diversity implementation. Completed annual fundraising for Washington World Affairs Fellows. 5/78-6/90 Bank One (Valley National Bank of Arizona), Economic Analyst, Phoenix, AZ Accomplishments: 1986-90 - Economic Ana!Jst, Corporate Officer: researched, wrote and edited Arizona Progress, researched Arizona Statistical Review, acted as economic bond consultant for City of Phoenix, monitored metro economies, handled media inquiries, conducted Arizona Business Confidence Survey. Accomplishments: 1983-86 - Funds Management Ana!Jst, Corporate Officer: Monitored overnight flow of funds, business/profit planning for seven divisions, prepared presentations to board of directors and analysts, and implemented the asset/liability management model. Accomplishments: 1978-83 - Administrative Assistant: Prepared interest sensitivity analysis, funds management flows and business/profit plans for division. Began as an entry- level employee. Special Skills: Common sense. Good sense of humor. Strong team builder and coach. Organized. Able to manage multiple priorities. Strong communication (written and verbal) and customer relations skills. Work well under pressure and with all kinds of people. Computer literate with numerous software packages. "----.-- Everson Page 3 Publications: United Way of Jackson County, Annual Report 1996-2001 Jackson County Human Service Needs Assessment Study, June, 1996 Bucks, Volume I, Issue 11994 (editor for North American economic newsletter for teens) The Entrepreneurial Guide to Research Departments, ACCRA Monograph, 1994 Greater Seatde Business Development Reports 1991-1993 Asia Pacific Economic Cooperative (APEC) International Media Guide 1993 Info-Guide Economic Articles 1991-1993 Arts Access Response Team Survey on Accessibility to the Arts Statewide Survey 1993 Women Involvement in the Greater Seatde Chamber of Commerce Study 1992 Strategic Plan for Seatde Mime Theatre 1992 Northwest Folklife Focus Group Moderator and Report 1992 Seatde Children's Museum Focus Group Moderator and Report 1992 Marketing Non-Profits in the 1990s (editor) Arizona Progresses 1986-1990 (VNB monthly economic newsletter) Arizona Statistical Reviews 1986-1990 (VNB annual economic review of Arizona) Professional/Community Organization Involvement/Recognition: Ashland: Oregon Busines Magazine named one of Oregon's 50 Great Leaders 2005 SODA Red Ribbon Essay Jduge Oregon United Ways, President 2000-2001 Rogue Valley Civic League, Board Member Evergreen Bank, Board Facilitator Gold River Distributing, Retreat and Planning Consultant Rogue Valley Council of Governments, Budget Committee Rogue Valley Transportation District, Budget Committee, Chair Rogue Valley Transportation District, Policies and Procedures Committee Emergency Food & Shelter Program (FEMA) Board Jackson County Member Medford/Jackson County Chamber of Commerce, Legislation Action Committee Klamath Open Door Family Practice, Board Strategic Planning Consultant Oregon Primary Care Association, Board Strategic Planning Consultant Samaritan Counseling Service, Board Strategic Planning Consultant Rogue Valley Civic League Facilitator Leadership/Integrity Award from SODA Ashland Daily Tidings Reader Panel Ashland Schools Foundation Board Retreat Facilitator Ashland Resiliency Coordinating Council, co-facilitator Ashland High School Senior Project Judge ArtWork Enterprises, Inc. Board Facilitator Arts Council of Southern Oregon Board Facilitator/Development Committee Ashland Senior Project Judge --.- Everson Page 4 Tucson: a.k.a. Theatre board Retreat Facilitator Goddard for Governor Campaign Seattle: Business Volunteer for the Arts Volunteer of the Year 1994 Asia Pacific Economic Cooperative International Media Center Volunteer Graduate Alki Political Involvement Institute (campaign and election school) Seattle Times Reader Panel Grant Writer for Zion Preparatory Academy ACCRA (a business organization of economic researchers) Member Puget Sound Research Forum Board Member Seatde Economists Club Phoenix: Academic Decathlon Judge Glendale Public Schools Volunteer Teacher W est Valley Child Crisis Center Arizona AIDS Project Junior Achievement Advisor Financial Women International Valbanqueras ry alley Bank Women) Annual Auction Chair -. Please publish: Thursday, October 27 and Saturday, October 29 in The Tidings Refer to P.O. 69459 Please contact Barbara at 488-5307 with questions The City of Ashland has a vacancy on the BUDGET COMMITTEE, for a term to expire December 31, 2006. If you are interested in being consid- ered for a volunteer position on the Budget Committee, please submit a letter of interest along with a completed application to the City Recorder's Office. Applications are available at the City's Recorder's Office or can be downloaded from the City's website at www.ashland.or.us by selecting the VACANCIES link on the homepage. Questions?: Contact City Recorder Barbara Christensen at 488-5307. APPLY TO: The City Recorder, City Hall, 20 East Main St., Ashland APPLY BY: Friday, November 4, 2005 l'A' CITY OF ASHLAND CITY OF ASHLAJND Council Communication Meeting Date: Deparbnent: Contributing Depart. Approval: Conservation Density Bonus Ordinance Amendment Primary S~ffContact: Dick Wanderscheid, 55~ ") 2061 wandersd@ashland.or.us ,: ~ -' Secondary Staff Contact: Bill Molnar, 552-2042 molnarb@ashland.or.us Estimated Time: 30 minutes =;r6'200~5 Planning Gino Grimaldi <' 17''- Statement: The proposed amendment to the City Land Use Ordinance would change how the Conserva,tion Density Bonuses is earned. It was forwarded to the Council for adoption by the Ashland Planning Commission and discussed on October 13,2005, at a City Council Study Session. This amendment is now before the Council with a staff recommendation for adoption. Background: The City's current Land Use Ordinance has a provision which allows a 15% density bonus if conservation measures are installed in the homes. It utilizes a simple table which lists measures and points associated with the measures. A total of 15 points must be earned from the table for each home in a d€lvelopment that received the density bonus increase. Because of changes in current building practices and the lots size of most new developments, it is quite easy for builders to comply with the necessary 15 points from the table. The City's Conservation staff, whose efforts relied heavily on the regional Super Good Cents Program to advance new residential construction, began searching for a new program to replace the Super Good Cents Program about 3 years ago. We evaluated a number of options and decided to purchase the license rights to the Earth Advantage Program to achieve this task. It had the advantage of focusing on more than just energy efficiency, was fuel blind and was flexible enough to allow builders many more options to meet the program's standards. Presentations were made to both the Ashland City Council and Planning Commission with the details of the Earth Advantage Program, before purchasing and implementing it. The staff proposed an amendment to the ordinance that would allow a 15% increase in density of 85% of all homes in the development that were to Earth Advantage Standards. This was presented to the Planning Commission on June 28, 2005 at a study session. The Planning Commission took no action on the item because some Commissioners were concerned about the complexity of the program compared to the simpler table version of the current system. There was also a concern expressed about some of the requirements of the program which seemed to some Commissioners to be outside the scope of resource efficiency. This issue was again presented to the Planning commission on August 9,2005 for action. Staffhad prepared a memo which attempted to address some of the earlier expressed concerns and Conservation staff spent about 30 minutes answering questions and discussing this issue with the planning commission. 1 r.l' -------- ----..- ----- ~ ~ --..-------------.'T-- After this discussion, the Planning Commission voted 6-3 to recommend that the City Council amend the ordinance to allow a 15% Conservation Density Bonus if 85% ofthe homes are constructed to Earth Advantage Standards as recommended by both the Planning and Conservation staffs. This issue was brought to the Mayor and Council in a study session on October 13,2005. At this session, it was decided to change the amendment to require 100% of the homes be built to Earth Advantage Standards to earn the bonus. The attached ordinance includes this requirement. Related City Policies: There are a number of City policies in the City's comprehensive plan that is related to this ordinance amendment. Chapter XI-Energy, Air and Water Conservation - of Ashland's Comprehensive Plan describe the community's philosophy and principles with respect to the conservation of critical natural resources. The goals associated with Chapter XI-Energy, Air and Water Conservation-are outlined as follows: Goals: The City shall strive, in every appropriate way, to reduce energy consumption within the community. Water conservation and air quality enhancement should also be promoted. Programs should also be promoted. Programs should emphasize greater efficiency in end use, rather than sacrifices in living standards. In general, policies that effect change through a combination of economic incentives and public education shall be considered more appropriate than policies involving strict legal requirements or mandates. The City shall give due attention to energy and resource conservation and air quality enhancement in all planning actions and city activities. Chapter XI of the Comprehensive plan identifies numerous Council policies relative to resource conservation and the establishment of programs and incentives to achieve this goal. These appear to endorse and encourage economic incentives and public education over strict legal mandates. Staff has identified one specific policy that recognizes the benefits of the bonus point code provision. The plan policy not only reflects the past success of such code provision, but also clearly requires that these incentives "be preserved and maintained in future version" of the land use ordinance. Policy Imolementine: Ordinance XI-5 Land Us Planning an Zoning A) The energy efficiency density bonuses in The City's performance standard ordinance have been very successful in encouraging new homes to be built more efficiently than Oregon building code requirements. This bonus shall be preserved and maintained in future versions of this code. 18.88 Ashland Municipal Code Council Options: The Council can direct staff to implement one of the following options: 1) Do nothing- This will leave this section of the code as written. Developers will continue to earn 15% bonuses and have to comply with the table requirement of earning 15 points for each home constructed under these bonuses. 2) Amend the ordinance to require that a 15% Conservation Bonus can be achieved by constructing all homes to Earth Advantage standards. 3) Amend the ordinance to eliminate the earning of any density bonus for conservation housing. 2 CITY OF ASHLi\ND Staff Recommendation: Both staff from the Planning and Conservation departments recommends that the Council ~ldopt the attached ordinance amendment that implements option No.2, which would amend the ordinance to allow for 15% Density Bonus if all of the homes in the development are constructed to the Earth Advantage Standards. Potential Motions: Move to approve the attached draft ordinance amending Chapters 18.24, 18.28, and 18.88 of the Ashland Municipal Code. Attachments: Draft Ordinance Language Amending Chapter 18.24,18.28, and 18.88 of the Ashland Municipal Code Memo on Cost Effectiviness of Earth Advantage Homes 3 rA' -, -------~----_. --,- ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 18.24, 18.28, and 18.88 OF THE ASHLAND MUNICIPAL CODE - LAND USE ORDINANCE, REGAnDING CONSERVATION DENSITY BONUS POINT CALCULATIONS FOR RESIDENTIAL DEVELOPMENT. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS: SECTION 1. Section 18.24.040.8.3 of the Ashland land Use Ordinance shall be modified as follows: 3.a. Conservation Housing-100% of the homes or residential units appmved for development, after bonus point calculations, shall meet the minimum requirements for certification as an Earth Advantage home, as approved by the Ashland Conservation Division under the City s Earth Advantage program.---maximum 15% bonus. SECTION 2. Section 18.28.040.8.3 of the Ashland land Use Ordinance shall be modified as follows: 3.a. Conservation Housing--100% of the homes or residential units appmved for development, after bonus point calculations, shall meet the minimum requirements for certification as an Earth Advantage home, as approved by the Ashland Conservation Division under the City s Earth Advantage program. ---maximum 15% bonus. SECTION 3. Section 18.88.040.8.3 of the Ashland land Use Ordinance shall be modified as follows: 3.a. Conservation Housmg-100% of the homes or residential units appmved for development, after bonus point calculations, shall meet the minimum requirements for certification as a Earth Advantage home, as approved by the Ashland Conservation Division under the City s Earth Advantage program.---maximum 15% bonus. The foregoing ordinance was first READ on the day of ,2005, and duly PASSED and ADOPTED this _day of ,2005. 8arbara Christensen, City Recorder --,- SIGNED and APPROVED this day of ,2005. John Morrison, Mayor -----".--"---- CITY OF -ASI-ILAND Memo DATE: 12/08/05 TO: Mayor & City Council ~' FROM: Dick Wanderscheid, Electric Directo~YW SUBJECT: Cost Effectiveness of the Earth Advantage Program BACKGROUND During the October 13, 2005 Council Study Session, the issue of cost effectiveness for the Earth Advantage Program was discussed and staff was directed to do an analysis of the issue. We contacted the staff of the Northwest Power and Conservation Council located in Portland to get information and help with this analysis. The Council staff develops the supply curves for all conservation measures and is recognized as the US, and possibly the world's leading authority on the value of energy efficiency. They prepare the Regional Power Plan for the Northwest Rlegion and have fully integrated conservation as a resource into the Northwest Power Planning process as a part of the 25+ years of work on behalf of the four Northwest States. In conjunction, with the Northwest Energy Efficiency Alliance (NEEA), they have thoroughly analyzed all the conservation measures included in the Earth Advantage Program and have concluded that the program is indeed a very cost effective resource which should be pursued by NW Utilities. They estimate that an Earth Advantage equivalent home with a heat pump would incur $1,453.00 in incremental costs for energy efficiency measures beyond the requirements of the Oregon Energy Code. These homes would save about 3,860 kWh annually in Ashland's climate zone. Assuming 70 year measure lives, the levelized cost of this energy efficient home is 3.3 cents/kWh, an exmemely attractive resource compared to current market rates of 8.5 cents/kWh and new generation costs in the same range. The same home with a gas furnace, would incur incremental costs of$I,523 and save 1,,200 kWh's annually. The Electric savings is an 8 cents/kWh cost but gas savings are significant also. Keep in mind this is only the minimum savings that Earth Advantage achieves by exceeding the code of at least the 15% which is the minimum program requirement. Homes which exceed the 15% savings requirement would be even a more cost effective resource. We also discussed the cost effectiveness from the point of view of the actual home owner. Council staff said that because retail electric rates in the Region now average about 7 cents/kWh and interest rates are now about 6%, that U-.30 windows and R-49 ceiling insulation are now cost effective measures for homeowners and that state energy codes could be set at that level based on state cost efl~tiveness criteria. This analysis only deals with the energy savings and cost of improving the energy efficiency of these homes and ignores the other environmental benefits of the Earth Advantage program. Electric Department 90 N Mounlai1 Ashland. Oregon 97520 ...ashland.or.us Tel: 541-488-5357 Fax: 541-488-2436 TrY: 800-735-2900 rA1 -, ~---.- Even in our current arrangement with BP A, where all power is supplied at postage stamp rates to Ashland, Earth Advantage homes represent a very cost effective resource to both the region's electric system and to the actual homebuyers who purchase these homes. If BP A moves to an allocated system in 2011 as projected, where a fixed amount of hydro resources will be available at a lower Tier 1 rate and all additional power will be at a higher Tier 2 rat1e, building Earth Advantage homes will be even more cost effective. Ashland has been a Regional leader in conservation, renewables, and energy & water eJfficiency in the 25 years since the Regional Power Act was passed. Because Electric resources are plarmed and implemented at the regional level and we purchase our Electric from these regional power resources, pursing conservation resources identified by the Regional Power Plan is the right thing to do and results in lower total resource costs for the entire Region of which Ashland is a part. Doing our utmost to try and encourage all new homes to be built by Earth Advantage Standards is the appropriate and right thing to do and this Amendment to the City's Land Use OrdinanC4~ will help considerably in achieving this goal. ElectrIc Depertment 90 N Mountain Ashland. Onlgon 97520 ....ashland.or.us Tel: 541-488-5357 Fax: 541..488-2436 TTY: 800-735-2900 r., CITY OF ASHLi\ND Council Communication Meeting Date: Department: Approval: December 6, 2~0 City Recorder Gino Grimaldi Passport Services Primary Staff Contact: ~rbara Christensen E-mail: christebCWashland.or.us Estimated Time: 10 minutes Statement: The City Recorder's Office has recently been granted certification as a Passport Acceptance Agent for the U.S. Department of State. This memo is to inform Council of the City Recorder's intent to offer these services beginning January 1, 2006, and to hear input and comments from Council. Background: On September 30, 2005 the Ashland City Recorder's Office was awarded designation as an Agent of the Department of State for the purpose of accepting applications for passports and administering oaths in connection therewith. The responsibilities of a Federal Acceptance Agent includes: collecting applications and verifying completeness, collecting evidence of applicant's identity, issuing oath, collecting required fees, and submitting information to the U.S. Department of State for processing. The fees for a standard (DS-11) passport application are: $67.00 (for persons 16 and older) + $30.00 execution fee = $97.00 $52.00 (for persons 15 and younger) + $30.00 execution fee = $82.00 * The $30.00 execution fee is mandated by law and will be retained by the City of Ashland. New requirements established by the Intelligence Reform and Terrorism Prevention Act of 2004 require that by January 1 , 2008, travelers to and from the Caribbean, Bermuda, Panama, Mexico and Canada must have a passport to enter or re-enter the United States. Implementation of this requirement will be completed in phases over the next two years. Currently, the only Passport Acceptance Agent within 50 miles of Ashland is the Post Office located in downtown Medford. The City Recorder's Office believes that taking on this additional task not only has the potential to provide additional revenue to the City, but will also provide a valuable service to the citizens of Ashland and the surrounding community. The City Recorder is proposing to offer the passport acceptance services every Tuesday from 9:00 a.m. to 4:00 p.m. The only expenses associated with this new service will be the postage for retuming the applications to the U.S. Department of State for processing. Related City Policies: None Council Options: Approve/Disapprove of the City Recorder's Office providing Passport Services. Staff Recommendation: Approve implementation of Passport Services. Potential Motions: Motion to approve City Recorder's Office to provide Passport Services. Attachments: None r~' -1 CITY Of~ ASHLAr~D Council Communication Adoption of Findings for Planning Action 2005-01050 - Land Partition and Physical Constraints Review Permit for the properties located at 720 and 730 Liberty Street. Meeting Date: Department: Approval: December 6, 20~ Planning Gino Grimaldi ( Primary Staff Contact: Maria Harris, 552-2045, \M.. "..:\ . harrism@ashland.or.us Secondary Staff Contact: Bill Molnar, 552- 2042, molnarb@ashland.or.us ~ ,,"'- Time Estimate: 1;2 hour ...- ~\. Statement: At the October 18, 2005 meeting, the Council approved the Land Partition and Physical Constraints Review Permit request by Dale Shostrom to create an additional lot and construct a single-family home for the properties located at 720 and 730 Liberty Street. Attached are the findings supporting the decision for adoption by the City Council. The item is time sensitive because the time limit expires on December 8,2005. Background: The attached proposed findings supporting the Council's decision to approve the Planning Action were written by staff with review by the Legal Department. The item is time sensitive because the time limit expires on December 8, 2005. The original 120-days ended on October 19,2005. However, the applicant granted a total of 50 days in extensions. 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. 1 r;., CITY C:>F ASHLP~ND Attachments: Findings of Fact and Conclusions of Law supporting PA 2005-008. Minutes from the October 18, 2005 City Council meeting. 2 r.t. , -.- BEFORE THE ASHLAND CITY COUNCIL JACKSON COUNTY, OREGON October 18, 2005 IN THE MATTER OF PLANNING ACTION #2005-01050, REQUEST FOR A LAND PARTITION TO CREATE A FLAG LOT FROM THE REAR OF TWO EXISTING PARCELS FOR THE PROPERTIES LOCATED AT 720 AND 730 LffiERTY STREET. A PHYSICAL CONSTRAINTS REVIEW PERMIT IS REQUESTED TO CONSTRUCT A DRIVEWAY ACROSS A RIPARIAN DRAINAGE, AND TO CREATE AND DEVELOP A PARCEL WITH SLOPES 25% AND GREATER IN HILLSIDE LANDS. APPLICANT: Dale Shostrum RECITALS: ) ) FINDINGS, ) CONCLUSIONS ) AND ORDERS ) ) ) ) ) 1) Tax lots 7300 and 7302 of39 IE 16AA are located at 720 and 730 Liberty Street and are zoned R- 1-7.5; Single-Family Residential. 2) The applicant is requesting a land partition to create a flag lot from the rear of two existing parcels, and a physical constraints review permit to construct a driveway across a riparian drainage and to create and develop a parcel with slopes 25% and greater in Hillside Lands. Site improvements are outlined on the plans on file at the Department of Community Development. 3) ~e criteria for Land Partition approval are described in Chapter 18.76 as follows: j',i' A. The future use for urban purposes of the remainder of the tract will not be impeded. B. The development of the remainder of any adjoining land or access thc:rreto will not be impeded. C. The tract of land has not been partitioned for 12 months. D. The partitioning is not in conflict with any law, ordinance or resolution applicable to the land. E. The partitioning is in accordance with the design and street standards contained in the Chapter on Subdivisions. F. When there exists adequate public facilities, or proof that such facilities can be provided, as determined by the Public Works Director and specified by City documents, for water, sanitary sewers, storm sewer, and electricity. G. When there exists a 20-foot wide access along the entire street frontage of the parcel to the nearest fully improved collector or arterial street, as designated in the Comprehensive Plan. Such access shall be improved with an asphaltic concrete pavement designed for the use of the proposed street. The minimum width of the street shall be 20-feet with all PA 2005-01050 October 18, 2005 Page 1 m~~.- ~ work done under permit of the Public Works Department. 1. The Public Works Director may allow an unpaved street for access for a minor land partition when all of the following conditions exist: a. The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial street. b. The centerline grade on any portion of the unpaved str'eet does not exceed ten percent. 2. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost of full street improvements land to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof. Full street improvements shall include paving, curb, gutter, sidewalks and the undergrounding of utilities. This requirement shall be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied. H. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. Further, the criteria for Flag Partition approval are described in Chapter 18.76 as follows: A. Conditions of the previous section have been met. B. Except as provided in subsection 18.76.060.K, the flag drive for one flag lot shall have a minimum width of 15 feet, and a 12 foot paved driving surface. For drives serving two lots, the flag drive shall be 20 feet wide, with 15 feet of driving surface to th<:: back of the first lot, and 12 feet, respectively, for the rear lot. Drives shared by adjacent properties shall have a width of 20 feet, with a 15 foot paved driving surface. Flag drives shall be constructed so as to prevent surface drainage from flowing over sidewalks or other public ways. Flag drives shall be in the same ownership as the flag lots served. Where two or more lots are served by the same flag drive, the flag drive shall be owned by one of the lots and an easement for access shall be granted to the other lot or lots. There shall be no parking 10 feet on either side of the flag drive entrance. Flag drive grades shall not exceed a maximum grade of 15%. Variances may be granted for flag drives for grades in excess of 15% but no greater than 18% for no more than 200'. Such variances shall be required to meet all of the criteria for approval as found in 18.100. Flag drives serving structures greater than 24 feet in height, as defined in 18.08.290, shall provide a Fire Work Area of 20 feet by 40 feet within 50 feet of the stru(~ture. The Fire Work Area requirement shall be waived if the structure served by the drive has an approved automatic sprinkler system installed. PA2005-01050 October 18, 2005 Page 2 ~-.--.- Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads under the Uniform Fire Code and subject to all requirements thereof. Flag drives greater than 250 feet in length shall provide a turnaround as defined in the Performance Standards Guidelines in 18.88.090. C. Each flag lot has at least three parking spaces situated in such a manner as to eliminate the necessity for backing out. D. Curb cuts have been minimized, where possible, through the use of common driveways. E. Both sides of the flag drive have been screened with a site-obscuring fence, wall or evergreen hedge to a height of from four to six feet, except in the front yard setback area where, starting five feet from the property line, the height shall be from 30 to 42 inches in the remaining setback area. Such fence or landscaping shall be placed at the extreme outside of the flag drive in order to ensure adequate fire access. F. The applicant has executed and filed with the Planning Director an agreement between applicant and the city for paving and screening of the flag drive. Such an agreement shall specify the period within which the applicant, or agent for applicant, or contractor shall complete the paving to standards as specified by the Director of Public 'Works and screening as required by this section, and providing that if applicant should fail to complete such work within such period, the City may complete the same and recover the full cost and expense thereof from the applicant. An agreement shall also provide for the maintenance of the paving and screening to standards as indicated in this section and the assurance that such maintenance shall be continued. G. A site plan has been approved by the Council. The site plan shall be approved provided the regulations of the zoning and subdivision titles are satisfied. Such a site plan shall contain the map requirements listed in Section 18.76.050 and the following information: 1. The location of driveways, turnarounds parking spaces and useable yard areas. 2. The location and type of screening. 3. For site plans of a flag lot, the building envelope shall be identified. H. No more than two lots are served by the flag drive. I. For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the flag drive area, must meet the minimum square footage requirements of the zoning district. J. Flag lots shall be required to provide a useable yard area that has a minimal dimension of 20 feet wide by 20 feet deep. As used in this chapter, the term "useable yard area" means a private yard area which is unobstructed by a structure or automobile from the ground upward. PA 2005-01050 October 18,2005 Page 3 -,--. K. Flag lots adjacent to an alley shall meet all of the requirements of this section, except that: 1. Vehicle access shall be from the alley only where required as a condition of approval; 2. No screening and paving requirements shall be required for the flagpole; 3. A four foot pedestrian path shall be installed within the flag pole, improved and maintained with either a concrete, asphalt, brick, or paver block surface from the street to the buildable area of the flag lot; 4. The flag pole width shall be no less than eight feet wide and the entrance of the pole at the street shall be identified by the address of the flaglot clearly visible from the street on a 4" X 4" post 3~ feet high. The post shall be painted white with black numbers 3 inches high running vertically down the front of the post. For flagpoles serving two or more dwellings, the addresses of such dwellings shall be on a two feet by three feet white sign clearly visible from the street with three inch black numbers. Further, the criteria for a Physical Constraints Review Permit are described in Chapter 18.62 as follows: 1. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. 2. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. 3. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously thlID reversible actions. The Staff Advisor or Council shall consider the existing development of the surrounding area, and the maximum permitted development permitted by the Land Use Ordinance. 4) The Council, following proper public notice, held a Public Hearing on October 18,2005 at which time testimony was received and exhibits were presented. The City Council approved the application subject to conditions pertaining to the appropriate development of the site. Now, therefore, the City Council of the City of Ashland finds, concludes and recommcmds 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" P A 2005-01050 October 18, 2005 Page 4 -T -~-----~ -- ----.- 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 make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The Council finds that the proposed parcels meet the rmmmum lot size and dimension requirements. The three lots each exceed the minimum lot size of 7,500 square feet of the R-1-7.5 zoning district with Parcel 1 being 10,106 square feet in size, Parcel 2 being 10,367 square fed, and Parcel 3 being 15,115 square feet. Additionally, the existing houses located on 720 and 730 Liberty Street will meet setback requirements to the proposed lot lines, and will meet lot coverage requirements. 2.3 The Council finds that public facilities including water, sanitary sewer, storm drainage, electric and transportation are in place and have adequate capacity to serve the new vacant parc<~1. Public utilities are including water and electric are provided from the Liberty Street right-of-way, III sanitary sewer line connection is available in the southeast comer of the proposed vacant lot, and storm water can be directed to the drainage running through the site. Access is provided by two public right-of-ways including an alley and Liberty Street. The primary proposed vehicular access is by way of the alley, and the secondary access for emergency and guest access is by way of the existing looped driveway system connected to Liberty Street and the alley. 2.4 The southern end of Liberty Street is unpaved for a length of approximately 500 feet. The subject properties front Liberty Street on the unpaved portion of the street. The minor land partition criteria allow the Public Works Director to allow an unpaved street for access for a land partition if the driving surface is at least 20 feet wide to the nearest fully improved collector or arterial street, and the centerline of the unpaved portion of the street does not exceed ten percent. Additionally, the applicant is required to sign in favor of a local improvement district to improve the unpaved street to city standards Jin the future. Liberty Street meets the width and grade requirements, and the applicant is willing to sign in favor of a local improvement district for the Liberty Street improvements. 2.5 The Council finds the alley is sufficient to serve one additional home. The Council recognizes that an engineering standard for alley capacity does not exist, and the Ashland Land Usc~ Ordinance does not specify a maximum number of units that can use an alley or a performance standard for alleys. Rather, the Council recognizes that the primary issues in evaluating alley access are the number of vehicle trips per day on the alley, the width of the driving surface, the history of accidents, and emergency access. The alley is a public right-of-way serving the site and is connected to Ashland Street. The alley is adjacent to 26 parcels and twelve properties currently use the alley for vehicular access. Twelve properties would generate approximately 120 car trips per day. The proposed partition would result in the addition of one new lot using the alley which would generate approximately 10 vehicle trips per day. The Council finds the alley currently experiences low volumes of vehicle trips and can accommodate ten additional trips per day. The P A 2005-01050 October 18, 2005 Page 5 - -------- ~ alley has eight to nine feet of driving surface, and the applicant proposes to widen the driving surface to 12 feet in width with 15 feet in clear width. The Council finds that the driving width of 12 feet is accordance with the required alley width of 12 feet in the Ashland Street Standards. There are no recorded accidents for the alley or intersection of the alley and Ashland Street, nor any indications of safety problems involving the alley. Additionally, the intersections of Liberty and Ashland, and Beach and Ashland have four way stops, and there are not indications of problems at these intersections. The Council finds there are no safety issues in regards to motor vehicle accidents in the alley or at the alley intersection with Ashland Street. The Ashland Fire Department has determined that Liberty Street and the existing looped driveway system would be used as the ingress in an emergency event, and egress would be by way of the alley to Ashland Street. With the improvements to the driveway system proposed by the applicant, widening of the alley driving surface to 12 feet with 15 feet clear width, and the vertical clearance in the alley stipulated, the Ashland Fire Department has determined the driveway system fi'om Liberty and alley to Ashland Street adequate access for an emergency event. The Council finds that this right-of-way was platted as an alley and has been historically used as an alley to provide vehicular service access to the back or side of properties. While the Council recognizes that it is less common in Ashland to have an alley with one connection to a public street, the Council finds that this narrow right-of-way functions as a secondary vehicular access to the back or side of properties otherwise abutting on Liberty or Beach Street, and therefore is an alley. 2.6 The Council finds that the flag drive as proposed meets the width and grade requirements of Chapter 18.76. At the maximum, the flag drive is 15% grade in the area north oithe drainage with the majority of the flag drive grade being 3 to 4%. The proposal is to pave the flag drive to 12 feet in width with 15 feet clear width as required. The flag drive is 155 feet in length which is well below the threshold of 250 feet for the fire truck turnaround requirement. Three off-street parking spaces are provided on the flag lot as required by the approval criteria. Additionally, a turnaround is provided near the proposed home so that cars can exit the driveway onto the alley in a forward manner. 2.7 The Council finds that proposal to construct a driveway across the riparian drainage to the new home site is designed to minimally disturb the drainage area and use relatively small amounts of fill material. The drainage channel is identified as a Riparian Land Drainage on the Ashland Comprehensive Plan map, and therefore is subject to the development standards for floodplain corridor lands in Chapter 18.62 of the Ashland Land Use Ordinance (ALUO). The development standards for Floodplain Corridor Lands permit culverting or bridging of waterways or creeks identified on the Ashland Comprehensive Plan maps. The amount of fill is required to be kept to the minimum necessary to achieve property access. The proposal is to install two 12-inch diameter culverts in the drainage swale with one to three feet offill in the swale area. The driveway improvement would be 12 feet in width with an additional rock inlet and outlet transitioning to the culvert. The resulting drainage channel disturbance would be approximately 20 feet in width. The crossing is required to be designed by an engineer and designed to accommodate a 1 DO-year flood event. The proposed crossing design is designed by the project environmental and geotechnical engineer. Outside of the driveway and the driveway crossing, any other development is required to be ten feet from the drainage. The site plan identifies a 20 foot setback from the drainage easement to the closest point of the building envelope. Given that an alternate route is not available to the home site, the Council finds that the proposal to cross the drainage channel with the driveway will create minimal impacts on the P A 2005-01050 October 18, 2005 Page 6 .-.~--_._--- ._----~ property, adjacent properties and the will not create adverse impacts on the environment of the riparian swale. 2.8 The Council finds that the proposal to create and develop a parcel with slop(~s 25% and greater in Hillside Lands consistent with the development standards for Hillside Lands and th<:: approval criteria for a Physical Constraints Review Permit. The Hillside Development Standards require newly created lots to include a buildable area and driveway locations with slopes of 35 percent and less, and to include a report prepared by a geotechnical expert indicating that the site is stable for the proposed development. The building envelope for the proposed home is located on a bench area was created at some time in the past. The natural grade of this are as indicated in the application is between 20 lmd 33 percent. The majority of the proposed driveway is located on an area with a natural grade of 14 percent in slope. The exception is the southern end of the driveway between the drainage channel and the garage which includes areas of a natural grade of 25 percent slope. The application includes a geotechnical report assessing the stability of the site as well as recommendations for retaining walls, storm drainage treatment and temporary and permanent erosion control measures. The areas of development that area located on slopes 25 percent and greater, and therefore subject to the development standards for Hillside Lands are approximately 20 to 30 feet of driveway on both sides of the drainage, the area of the proposed garage and the southern edge of the proposed home location. The geotechnical report includes recommendations for grading and retaining, foundation design, storm drainage treatment and erosion control as required. The application includes an inventory of existing trees and the driveway and building envelope have been located to preserve the maximum number trees on the site. Since the building pad was created years in the past, the area is largely void of trees. The driveway construction will require removal of four trees and the garage construction will require removal of one tree leaving 89 of the 95 trees on the site in place. The Council finds the proposal has been designed to utilize areas oflesser slopes and to minimize impacts to the areas of natural grades of25 percent and greater. 2.9 The Council finds that the proposal meets all applicable criteria for a Larld Partition and Flag Partition described in the Partitions Chapter 18.76, and the applicable criteria for a Physical Constraints Review Permit in the Physical and Environmental Constraints Chapter 18.62. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the Council concludes that the proposal to create a flag lot from the rear of two existing parcels, and a physical constraints review permit to construct a driveway across a riparian drainage and to create and develop a parcel with slopes 25% and greater in Hillside Lands is supported by evidence contained within the record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #2005-01050. Further, if anyone or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2005-01050 is denied. The following are the conditions and they are attached to the approval: PA 2005-01050 October 18,2005 Page 7 ----,--- 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That a final survey plat shall be submitted to the City within 12 months of this approval. 3) That the third parking space shall be located on the flag lot (Parcel 3) by adjustments to the lot line configuration. A revised site plan shall be submitted for review and approval of the Staff Advisor reflecting this change prior to signature of the final survey. 4) That all easements for public utilities shall be indicated on the final survey as required by the Ashland Engineering Division. 5) That a dedicated fire access easement and a mutual access easement for the flag lot (Parcel 3) shall be indicated on the final survey for the existing looped driveway system from Liberty Street to the public alley. The dedicated fire access easement shall be reviewed and approved by the Ashland Fire Department, and the easements shall be reviewed and approved by the Ashland Engineering Division. 6) That the electric service shall be installed underground to service the parcels as required by the Ashland Electric Department prior to issuance of the certificate of occupancy. The electric service plan shall be reviewed and approved by the Ashland Electric Department prior to signature of the final survey plat. 7) That a final utility plan for the parcels shall be submitted for review and approval by the Engineering Division and Building Divisions prior to signature of the final survey plat. The utility plan shall include the location of connections to all public facilities including the locations of water lines and meter sizes, fire hydrants, sanitary sewer lines, storm drain lines and electric services. 8) That the property owner(s) of 720 and 730 Liberty shall sign in favor of a local improvement district to fully improve the unpaved portion of the Liberty Street and to pave and improve the alley at the rear of the property to city standards prior to signature of the final survey. Additionally, the property owner(s) shall agree to waive the right to remonstrate to the formation of a local improvement district to cover such improvements and costs of Liberty Street and the alley through the rear of the property through a local improvement district at a future date. 9) That the tree protection shall be installed according to the approved plan prior to any site work, storage of materials or issuance of the building permit. The tree protection shall be inspected and approved by the Ashland Planning Department prior to site work, storage of materials and/or the issuance of a building permit. 10) That all recommendations of the Tree Commission, with final approval of the Staff Advisor, shall be incorporated into the Tree Protection Plan and submitted for review and approval of the Staff Advisor prior to issuance of the building permit. P A 2005-01050 October 18, 2005 Page 8 11) That all requirements of the Ashland Fire Department shall be met, including but not limited to installation a residential fire sprinkler system in the new home, prior to issuance of the certificate of occupancy for the first home or structure. 12) That a fire prevention and control plan for wildfire lands shall be submitted for review and approval of the Ashland Fire Department, and implemented prior to the issuance of the building permit. 13) That the flag drive shall be installed prior to issuance of a certificate of occupancy for the flag lot (Parcel 3). The flag drive shall be screened with a site-obscuring fence, wall or evergreen hedge in accordance with 18.76.060.E. 14) That the existing looped driveway system shall meet fire apparatus access requirements of the Ashland Fire Department including but not limited to an all weather surface, weight, width and grade requirements prior to combustible construction. 15) That the public alley must cleared of overgrown vegetation to create a clear vertical space of a minimum of 13'6" in height, and horizontal clearance the width of the alley right-of-way prior to combustible construction as required by the Ashland Fire Department. 16) That the building permit submittals for the new home on the flag lot shall demonstrate compliance with the building design standards of 18.62.080.E. 17) That all easements, including public utility easements, shall be identified on the building permit submittals. 18) That new construction on the flag lot (Parcel 3) shall meet Solar Setback Standard A. Solar setback calculations shall be included in the building permit submittals. 19) That individual lot coverage shall not exceed 45% of the lot area in accordance with 18.20.040.F. Lot coverage calculations including all impervious surfaces shall be submitted with the building permits. 20) That the flag lot (Parcel 3) shall have a usable yard area, as defined in 18.76.060.J that has a minimal dimension of 20 feet wide by 20 feet deep. The usable yard area shall be identified on the building permit submittals. 21) That all recommendations including but not limited to grading, drainage and erosion control measures in the geotechnical engineering report by Amrhein Associates, Inc. included in the application and date stamped June 10, 2005, shall be implemented in the development of the property. 22) That a preconstruction conference to review the requirements of the Hillside Development Permit shall be held prior to issuance of the building permit. The conference shall include the Ashland Planning Department, Ashland Building Department, the design professional, thle general contractor, PA2005-01050 October 18, 2005 Page 9 ----,- geotechnical expert, landscape/tree professional and project engineer. Contact the Ashland Planning Department to schedule the preconstruction conference. 23) That Amrhein Associates, Inc. shall inspect the site according to the inspection schedule of the geotechnical engineering report by Amrhein Associates, Inc. included in the application and date stamped June 10, 2005. Prior to the issuance of the certificate of occupancy, Amrhein Associates, Inc. shall provide a final report indicating that the approved grading, drainage and erosion control measures were installed as per the approved plans, and that all scheduled inspections were conducted by the project geotechnical expert periodically throughout the project. 24) That the final driveway crossing of the riparian drainage shall be engineer<::d to accommodate a 100-year flood flow. The report and calculations by the project engineer for the driveway crossing shall be submitted for review and approval of the Ashland Planning and Engineering Divisions prior to signature of the finals surveyor commencement of driveway construction. 25) That the full length of the alley shall be graded to 12 ~dth for a driving surface with 15 feet in clear width prior to combustible construction. In addition, passing areas shall be created that are graded to 18 feet in width of driving surface, and shall be spaced at approximately every 250 feet along the alley. Passing areas shall also be installed prior to combustible construction. 26) That a conservation easement for the drainage including the area within the top of the banks shall be indicated on the final survey. 27) That the applicants shall strongly consider use of an Arizona Crossing and the driving surface of the proposed culverted crossing to be pavers, rock or grasscrete rather than pavement. Council Approval Date PA 2005-01050 October 18,2005 Page 10 - ---.----.- City of Ashland, Oregon - Agendas And Minutes Page 1 of7 Tuesday, October 18, 2005 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL October 18, 2005 Civic Center Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Morrison called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Hardesty, Amarotico, Hartzell, Jackson, Silbiger and Chapman were present. APPROVAL OF MINUTES The minutes of the Executive Session of October 4, 2005 were approved as presented. The minutes of the Regular Council Meeting of October 4, 2005 were amended to reflect the actual discussion order of agenda items; and amended to include that during the Fire Station #2 Update, Council commented on the level and types of activities projected to occur at Fire Station #2, and that they might not all be able to be done there or be desirable to be done there. SPECIAL PRESENTATIONS" AWARDS Mayor's Proclamation of October 24 as United Nations Day was read aloud. CONSENT AGENDA 1. Minutes of Boards, Commissions, and Committees. 2. Mayor's appointment of Steve Siewert to the Tree Commission. 3. Mayor's appointment of Selene Aitken to the Bike and Pedestrian Commission. 4. Mayor's appointment of Nathan Meyerson as the Youth Liaison to the Bike and Pedestrian Commission. 5. Request to Waive Permit Fees at 2001 Siskiyou. 6. Liquor License Application for Creekside Pizza Bistro. 7. Liquor License Application for Yuan-Yuan Restaurant. 8. Liquor License Application for Lela's Cafe. Councilor Jackson/Amarotico m/s to approve Consent Agenda. Voice Vote: all AYES. Motion passed. Mayor Morrison requested that the Public Forum and the Resolution regarding the AFN surcharge be moved forward on the Agenda. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Reading by Title only of Resolution to Repeal Resolution 2005-36 Amending the Implementation Date for the Ashland Fiber Network Surcharge on Electric Accounts. Finance Director Lee Tuneberg presented the staff report on the proposed amendment to the: AFN surcharge. He explained that the Council adopted the surcharge in September with implementation scheduled for October. Mr. Tuneberg stated that this surcharge could have a significant impact on senior citizens and low income families in Ashland and recommended that Council delay the implementation of the surcharge to January, which would provide time for staff to develop a methodology that would provide relief to low income citizens. Mr. Tuneberg commented on the two existing programs that pmvide relief to low income citizens and noted that customers who had already paid the surcharge would be credited that amount back to their account. Usa Byrne/51 Garfield Street/Expressed her concern regarding the fee; explained how she had researched the legality of the surcharge; and expressed her discomfort with the Council's delcision to charge people for a service they are not receiving. Ms. Byrne commented on the definition 01' "utility" and stated that high-speed digital internet and cable television does not meet this definition. She stated that http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=2398&Print=True 11/28/2005 . T ---r-. City of Ashland, Oregon - Agendas And Minutes Page 2 of7 the Energy Assistance Program was helpful, but only covers a portion of the user's electricity bill and would not cover the added surcharge. She requested that the surcharge only be applied to the customers who utilize the service. James Rowland/165 112 Van Ness/Stated that the AFN surcharge was an unjust charge to the citizens of Ashland. Mr. Rowland stated that he supports his family on a fixed income and that this surcharge was having a direct effect on his family, even though they do not utilize the service. He stated that it was not right for the City to charge the citizens for this service and noted his attempt to file a claim with the Public Utilities Commission. He requested that the City look at other avenues for funding AFN and questioned why the electric utility users were not notified and given the opportunity to discuss this. Ann Marie Hutson/550 Oak Knoll/Expressed her support for postponing the surcharge and noted her numerous conversations with citizens who are angry over the issues concerning AFN. Ms. Huston stated that the City was not up to the task of running a telecommunications service and suggested that the Council stand back and view the situation from afar. She asked that Council put themselves in the position of the citizens and do what is best for all of the citizens of Ashland. Ambuja Rosen/511 Wightman/Spoke on behalf of the low income residents of Ashland and stated that the $7.50 surcharge should not be on the back's of low income residents. Ms. Rosen stated that low income residents should not have to subsidize luxury services for others and stated that if the City needs to pay for AFN through taxes, they should tax luxury items. She stated that the City should not be taxing the essential services that low income people need and requested an exemption from the surcharge for low income citizens. Carla Price/78 Lincoln Street/Stated that City's are not set up in the capacity as a business. Ms. Price stated that she is low income, but will not qualify for the Energy Assistance Program. She expressed her support for delaying the implementation and questioned if the surcharge was their only option or if AFN could file for bankruptcy. Councilor Jackson/Silbiger m/s to approve Resolution #2005-40. DISCUSSION: It was clarified that anyone who had already paid the surcharge would receive a credit. Support was voiced for the Resolution and it was noted that this would provide the City more time to explore the whole issue and develop options that are more satisfactory. It was also noted that the alternatives from the AFN Options Committee would be presented prior to the new implementation date. Roll Call Vote: Councilor Amarotico, Hartzell, Hardesty, Chapman, Silbiger and Jackson, YES. Motion passed. PUBLIC FORUM Robin Rose/2300 Siskiyou Blvd/Shared her experience in southern Louisiana following the recent hurricanes. Ms. Rose suggested that the City create a "Sister City" or "Bridge City" with a city from this area that is in need. She stated that she had been working with Councilor Hartzell and would be providing a proposal for the Council to consider. PUBLIC HEARINGS 1. Appeal of Planning Action 2005-01050 - regarding Liberty Street. Mayor Morrison read aloud the procedure for a land use public hearing and called the public hearing to order at 7:37 p.m. ABSTENTIONS. CONFLICTS, EXPARTE CONTACTS Councilor Chapman stated he performed a site visit, spoke to Dean Shostrom regarding the location of the proposed driveway, and spoke briefly with Jan Craigie only to tell her that he could not discuss this application. Councilor Silbiger stated he performed a site visit and had a similar conversation with Mr. Shostrom. Councilor Amarotico declared a potential conflict of interest with his past business dealings with Mr. Shostrom, but stated that this would not affect his decision. Councilor Hartzell noted that she was present at the Tree Commission meeting when this application was http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=2398&Print=True 11/28/2005 . [ -,- City of Ashland, Oregon - Agendas And Minutes Page 3 of? discussed and requested that the minutes from that meeting be entered into the record. Councilor Hardesty noted that he was present at the Planning Commission meeting when this application was discussed. City Attorney Mike Franell clarified that it is best to not engage in conversation when conducting a site review. He added that engaging in conversation is not illegal; however any conversations need to be declared on the record. Councilor Silbiger further clarified that Mr. Shostrom informed him of where the road would be located and that this was the extent of their conversation. STAFF REPORT City Planner Maria Harris presented the staff report on the Planning Action. She stated that the property was located at 720 and 730 Liberty Street and provided an overhead drawing of the vicinity map. The proposal is to create a third lot from two existing lots and the total site is .82 acres. Ms. Harris explained that there is an existing loop driveway system that connects to the end of the existing alley, and there is a drainage that runs from the southwest corner to the northeast side. She stated that the property slopes downhill and is heavily treed. The residence's vehicular traffic is proposed to come off the alley and emergency access is proposed to come off the loop system and exit through the alley onto Ashland Street. Ms. Harris noted that a Tree Protection Plan was submitted with the application. The plan identified 95 trees on the property that are 6" or greater in diameter; and the proposal is to remove six of thOSI~ trees. Ms. Harris explained that the three main issues discussed by the Planning Commission were: 1) the use of the alley as the sole resident's vehicular access, 2) the emergency access route, and 3) the drainage swale crossing. She stated that the Planning Commission approved the application by a 5-3 vote, with 25 Conditions of Approval assigned. Ms. Harris stated that should the Council approve the application, there are some corrections that need to be made to the Findings. Condition #14 should read "...not limited to an all weather surface, weight, width and grade requirements ...", and suggested the addition of Condition #26 which would state that a conservation easement be added to the drainage area. Interim Community Development Director Bill Molnar clarified that this was one of the applicant's self-imposed restrictions, which are discussed on page 79 of the record. He stated that the additional condition would make it clear that all areas outside the footprint or the driveway route would need to be retained in their natural state. Ms. Harris noted the time sensitivity regarding this issue. Mr. Molnar commented on previous flooding on Beach Street and noted that the applicant's design is required accommodate a 100-year flood. He explained that under the current standards, crossings are permitted as long as they meet certain design standards. He also noted the possibility of an "Arizona Crossing" and commented on some of the draft changes to the Riparian Ordinance. Mr. Molnar noted the Hillside Ordinance and the slope of the lot. He clarified that there was no information presented that did not support the grade percentages indicated in the application. Comment was made questioning whether alleys were intended to be used as a primary access. Mr. Molnar provided a brief history of this issue and noted that a provision was added to the Ashland Municipal Code after dealing with these issues in the Historic District. The provision states, "Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street". He explained that since the adoption of this standard, most of the partitions off alleys have been relatively straightforward; however in this case they are dealing with an alley that is fairly long and dead-ends at a private driveway system. He noted that this issue was one of the major points discussed at the Planning Commission meeting. Mr. Molnar commented on the difference between physical capacity and environmental capacity in terms of the alley. Mr. Harris noted that the partition standards require that all streets, including alleys, meet the current street standards; however the standards are silent on the issue of pedestrian access. http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=2398&Print=True 11/28/2005 - T _ _ _ ~~_~---.-_u City of Ashland, Oregon - Agendas And Minutes Page 4 of7 City Attorney Mike Franell reminded the Council of the time constraints for the public hearing. APPUCANT Dale Shostrom/1240 Tolman Creek Rd/Representing the applicant Dean Shostrom, who is his brother and the owner of the property. Mr. Shostrom stated that this project was not "infill to the extreme" as stated by the appellant's attorney, but rather the lot is spacious, has reasonable access, is well suited for a small residence, and is three times the size of the City's minimum lot size requirement. He explained that the portion of land adjacent to Liberty Street is too steep for the home site or driveway, and explained that the alley, which terminates at the proposed lot, provides easy and direct access to the buildable area of the parcel. He stated that this 'h-acre parcel is a beautiful, wooded viewshed and that it was understandable that Mr. Jones, who is the neighboring property owner, would want to prevent this application from proceeding. Mr. Shostrom commented on the crossing and stated that their geotechnical engineer has designing a crossing that would withstand a 100-year flood. He explained that the City's Fire Department staff had stated that the presence of this home would actually improve the fire safety of this area and stated that this application would provide the Fire Department access to enter and exit the alley from Liberty Street, thereby improving the fire safety of all of the surrounding parcels. Mr. Shostrom stated that the Planning Commission concluded that the alley would be sufficient to serve the proposed home once the conditions were met and commented on the self-imposed restrictions. Mr. Shostrom clarified for Council that they would be open to using the Arizona Crossing but would like to further research this to determine if this would be the right approach. OPPONENTS AND THEIR REPRESENTATIVES Chris Hearn/515 E. Main Street/Representing the appellant Eric Jones, who is one of the immediate neighbors. Mr. Hearn addressed the issue of infill and stated that in some cases, infrastructure such as alleys were not build to accommodate traffic levels beyond a certain threshold. Mr. Hearn referenced Ashland Municipal Code sections 18.76.050(G), 18. 76.050(G)( 1), 18.76.050(H), 18.76.060(A), and 18.76.060(K). He stated that this alley may not meet the definition of an alley because it does not go all the way through and noted that this alley already serves as the access for at least twelve residences. Mr. Hearn stated that the alley is very narrow and cannot accommodate two vehicles meeting on the roadway. He noted that a simple flag drive serving two lots would require much more than what is being required for this alley. He commented on the physical constraints review permit and the construction of a driveway across the riparian drainage. He stated that disruption of the drainage could have adverse impacts on adjacent downhill properties. In regards to the Hillside Development Standards, Mr. Hearn stated that the slope of the proposed new parcel exceeds 25% and impacts on adjacent parcels have not been minimized. Mr. Hearn provided several photos of the site. Mr. Hearn stated that there is no clear upper limit or lower limit of what an alley can accommodate, and stated that the Council has the authority to decide whether this access is appropriate. He noted that three of the Planning Commissioners felt that the alley could not accommodate this development, and questioned the threshold of this alley. THOSE WISHING TO PROVIDE TESTIMONY G. Vaatreit/90S Ashland Street/Requested that his statement be read into the record. Statement is included in the record as an exhibit. Councilor Jackson left the meeting at 8:47 p.m. Sue Grossman/SSO Ashland Street/Noted the location of her property and commented on the issue of the increased use of the alley. Ms. Grossman stated that this application would increase the use of the alley, which has already reached capacity level. Peter Finkle/7S5 Beach Street/Commented on the safety concerns in regards to pedestrian access and the width of the alley. Mr. Finkle stated that the Council should take the access of safety vehicles into consideration. Karen Bates/711 Beach Street/Noted the location of her property to the proposed development and stated that the riparian stream runs along the side of her house. Ms. Bates stated that there is a lot of http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=2398&Print=True 11/28/2005 .. T ---.- City of Ashland, Oregon - Agendas And Minutes Page 5 of7 water running through the applicant's property and questioned what the proposed culverting would do to the stream. She noted that she has a lot of wildlife on her property and does want them to be adversely affected by this project. STAFF RESPONSE Ms. Harris noted that questions regarding access to the property from Liberty Street should be addressed by the applicant. Mr. Molnar clarified that there is no requirement that there be direct vehicular access to the house and cited an example of a home whose vehicular access stopped short and only had a pedestrian access directly to the house. Assistant City Attorney Mike Reeder commented on the definition of an alley found in the Street Standards, and stated that this definition was an expansion of the general definition found in the Land Use Ordinance. Ms. Harris added that the Street Standards were designed to be more user friendly. Councilor Hartzell/ Amarotico m/s to extend the Public Hearing until 9:30 p.m. Voice Vote: all AYES. Motion passed. Mr. Molnar continued to comment on the alley issue. Mr. Reeder clarified that in the Street Design Standards, each type of street has a description and stated that there does not seem to be a conflict between the two definitions presented. He stated that one is a succinct definition and the other explains why there are fewer standards for an alley than there are for other streets. He added that it is up to the Council to determine whether this alley meets the definition of an alley and noted that the definition in the Street Standards does not contemplate whether an alley has through access. City Attorney Mike Franell explained that there is some ambiguity in the definition of alley. He stated that the key question for the Council to determine is what the language "through a block" means. He explained that this will require an interpretation on the part of the Council and stated that the Council has not made an interpretation on this definition in the past. Comment was made questioning if Condition #25 was feasible. Ms. Harris stated that at the hearing the applicant indicated that they were in agreement with this condition, but that the Council should ask the applicant for details. Fire Prevention Officer Margueritte Hickman was called forward to address the fire safety issues. Ms. Hickman addressed how emergency vehicles would gain access to this property and explained that they could park approximately 200 feet from the furthest point of the structure. She stated that the Fire Code specifies that they should be within 150 feet of the furthest pOint of the structure; however there is an exception when this is impractical due to slope or vegetation that allows the Fire Department to provide an allowance, with the condition that the structure install a fire sprinkler system. Ms. Hickman stated that the Fire Department reviewed this application and granted them an exception. REBUTTAL Mr. Shostrom read a prepared statement into the record. Statement was submitted into the public record as an exhibit. Council asked Mr. Shostrom to address the question of access off Liberty Street. Mr. Shostrom explained that it was not typographically possible to access the property from Liberty Street and noted the slope change and the turn radius. PUBLIC HEARING CLOSED at 9:21 p.m. COUNCIL DELIBERATION Mr. Franell reminded the Council that their interpretation of the planning code would be binding on the Planning Commission and Planning staff on all future actions. He added that it would also be binding on the Council, unless they reinterpret or amend the ordinance. Mr. Franell clarified that the CouncB needs to http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=2398&Print=True 11/28/2005 - T City of Ashland, Oregon - Agendas And Minutes Page 6 of7 make an interpretation on what "through a block" means. He also noted that Council has the ability to place additional conditions on the granting of approval and stated that if they do not feel the alley is adequate for the number of residences it serves than they could add a condition that it be brought up to a certain standard. Councilor Hartzell motioned to deny the application on the basis of fire and access limitations. Motion died for lack of second. Councilor Chapman/Silbiger m/s to approve the application with the 25 conditions for approval from the Planning Commission and the 26th condition proposed by staff. DISCUSSION: It was clarified that the 26th condition addresses the conservation easement. Councilor Hartzell noted that Condition #1 covers the applicant's self-imposed restrictions and suggested the following amendments to the other conditions: Condition #8, add the language from the Planning Commission noted on page 29 of the record and amend condition to read "...cover such improvements and costs of Liberty Street and the alley at the rear of the property.. .". Condition 15, add the language "That the public alley must be cleared of overgrown vegetation to create and maintain a clear vertical space...". Councilor Hartzell noted the option listed in the staff memo which states".. .Council could consider requiring the driving surface of the proposed culverted crossing to be pavers, rock or grasscrete rather than pavement" and suggested that they include a condition to this effect with language that encourages the applicant to consider an Arizona Crossing. Councilor Hartzell also suggested a condition that states that every three or five years, neighbors or citizens could request a review by the Planning Commission to assess the adequacy of, or need for additional conditions. Mr. Franell clarified that they do not have the authori~y to impose this I:ondition. Councilor Hartzell/Hardesty m/s to amend the original motion to include the following: Condition #8, add the words to the last line "cover such improvement costs of Liberty Street and the alley at the rear of the property"; Condition #14, add the language" ..but not limited to an all weather surface, weight..."; add Condition #27, which would state "That applicants strongly consider use of an Arizona Crossing and the driving surface of the proposed culverted crossing to be pavers, rock or grasscrete rather than pavement". Voice Vote: all AYES. Voice Vote on original motion as amended: Councilor Hardesty, Amarotico, Silbiger and Chapman, YES. Councilor Hartzell, NO. Motion passed 4-1. UNFINISHED BUSINESS None NEW AND MISCELLANEOUS BUSINESS None ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Contract for Police Review Study Police Chief Mike Bianca explained that when the City advertised for a police chief two years ago, this action was outlined in the advertisement. He stated that within the department over the past several months there has been relentless questioning of many aspects of their basic operations and listed some of the concerns of the department. He stated that the department needs this study and recommended that the Council approve this project. Mr. Bianca noted that a breakdown of the cost proposal was submitted to the Council. Mayor Morrison expressed his support for this study and noted that staff had reviewed the applicants for this project and that this applicant was very qualified to perform this type of work. Councilor Chapman/Hartzell m/s to approve contract for $51, 035. Roll Call Vote: Councilor Hardesty, Hartzell, Amarotico, Silbiger and Chapman, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS None ADJOURNMENT Meeting was adjourned at 9:58 p.m. http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=2398&Print=True 11/28/2005 City of Ashland, Oregon - Agendas And Minutes Page 70f7 Barbara Christensen, City Recorder John W. Morrison, Mayor End of Document - Back to Top http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=2398&Print=True 11/28/2005 .01 CITY OF ASHLAND Council Communication Termination of Agreement No. 86-01502 Meeting Date: December 6, 2005 Primary Staff Contact: Michael Fra~ Department: Legal E-mail: franellm@ashland.or.us"t::.~11f Contributing Departments: Public Works Secondary Staff Contact: Jim Olson Approval: Gino Grimaldi v E-mail: olsonj@ashland.or.us ~ Estimated Time: 5 minutes Statement: We recorded an agreement between the City and the Our Lady of the Mountain Catholic Church requiring certain public improvements to be installed as a condition of the planning approval of a subdivision. The conditions have been fulfilled and the current owners of one of the lots created would like to have the agreement released from the property. Background: Prior to development of the Peachey Estates Subdivision, the owners of the property, Our Lady of the Mountain Catholic Church, were required, as a condition of Planning approval, to execute an agreement requiring that the following improvements be installed: 1. Install street trees along the frontages of each lot. 2. Install four foot wide sidewalks along all frontages. These conditions have now been satisfied and the owner's of Lot 4, Block 2 of the Peachey Estates Subdivision would like to remove the agreement from their title report. Land America Title Co. prepared a draft quitclaim deed, which I have placed into Ashland's format, to accomplish that goal. Council Options: 1) Authorize execution of the Quitclaim deed. 2) Request additional information be provided. Staff Recommendation: The Council authorize the Mayor to execute the attached quitclaim deed. Potential Motions: I move the Council authorize the Mayor to execute the attached quitclaim deed, releasing the City's interest in Agreement No. 86-01502 from the property described as Lot 4, Block 2 of the Peachey Estates Subdivision. Attachments: Draft Deed, Copy of Agreement No. 86-01502. r~' - ----y-- After recording return to: Lawyers Title Insurance Corp. 1555 E. McAndrews Rd., Suite 100 Medford, OR 97504 QUITCLAIM DEED City of Ashland, Oregon, Grantor, releases and quitclaims to Mark DiRienzo and Maddalena DiRienzo, Husband and Wife as tenants by the entirety, Grantee, all right, title and interest in and to the following described real property: See Exhibit "A" Attached This Document is being recorded to terminate that certain agreement recorded on January 27,1986 as number 86-01502. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The true consideration for this conveyance is $1.00 plus other property or value is a part of the consideration. Dated this day of ,2005. John W. Morrison, Mayor Barbara Christensen, City Recorder State of Oregon County of Jackson This instrument was acknowledged before me on , 20__, by John W. Morrison as Mayor of the City of Ashland, Oregon, and by Barbara Christensen as Recorder of the City of Ashland, Oregon. Notary Public for Oregon My Commission expires: QUITCLAIM DEED (G:\legal\Mike\Real Property\DiRienzo quitclaim deed.wpd) 11/03/2005 18:32 FAX 541 488 1788 LANOAMERICA ASHLAND \gj 003/003 4090402251 EXHIBI:T A Lot. Four (4) in Elock Two (:2) of peachey Estates SUbdivision, in the City of Ashland, Jackson County, Oregon, according to the official pla~ thereof, recorded in Volume 15, Page 52 Plat Records. (Code 5-01, Account #1-009179-5, Map #391E15AD, Tax Lot #5000) .... 11/03/2005 THU 16:32 - 1". ~" . ~I . .' '. ~ " , FAX _ _'_' - n... . .- -.. .........Ild .- - '. .- .......... --...., IV11 r~, .:z. - 86,~01502 , ." " -, , " AGRE(JII(I~T Our Lady of ~he Mountain cllt-holt!: l'hl1,...h J.'iO:I1, IlnQ 'l'L- 2 :101i Section Mdreu 987 Hillv1ew Drive, Mdre5$ .!l~ ~9_'Jl:_'l:,lll"l '1'1'. 'nno As5es5or's Map I TaK lo~ 1(5) t i Owner Owner , { t. !. Pr'Opert~ Twp. Street Address 39-lE-15AD Rong& Hi 1 lvi.ew , py-as 057 fI Tl 1'(pe II 7-.10-8'> Di1te 'J- tg -Il~ JlaAW~1r .r.. PJ!!!.~k.y S'treeT Ashland. Oreool'l Plonolng Action :..: AS the ownerCs) of the proper-ty 115ted above, ..__l/w8 hereby consent to the following improvements. 09dlcatlons. or other octlons ~s required by the City of Ashlosnd. and IIgnct to bear tho proportionate payment of associated eosts. Thi5 agreement Is to be binding upcn myself/ourselves, my/our heir(s). executors, and 1551905. a~c it Is my/our express Intention that thIs ogreemen' shall run wl'h the land, 50 ~hBt fulilllnw of the It~ li$+ed below 5~all be binding upon future owners of the property. T .~. f ~ r. f' . Improvernen't. Dedlca"'IolI. or Othlll" AcTIon: "lTEM Is In f8~ar of inA~~11a~49ft nf a~~AA. P~.~ft. ~ p~~ f~gRt~18 ad18cen~ tp the grr~~r ri~+-n~__~~ p~~~~ tQ O~~9JR8Y o~ each dwe11tn~& ITEM 21 1n favor of in.~8'lR~inft~~ 4" R;~AMa'wa Q~ ~'1 lo~ fron1:aaEl& abu.."~;.n'i II l&~...__t- W~l"l A ~wal'l!.ftg 1l"'--<l'i'ua..le,...a Oft thg. lo~. f. r t ~ .~ / r ~1!~a~ , , If:~/~b f t c- d': -sT Ilnatun~ O2lte ~~~~~ ~~ Or~~~n )~i CounTy of JaC~50n)' . On this ~rJay of .Jtt~tJArlfZY II Notilry Public In and for said County and S'tate. /I. 11). ~ tI~ M .f'/.r~ wtlo...-e"11i known '0 Ihe to be the Idel\tlcel indlYldlla~ descrlbld In lInd "':'to e".cllted ,.~ ~Ithin in~tr~~nt. ~nd u~kt.~.ledged to ~ the'" ~et&hl/t~v executed the 'e~ treely and vOlun'tllrlly. In te$t'm~ny whereot, ...ratell. have hereunto set ~ halld and seal the doy end yeer 115t above .Ir-:".:::-:-h. ~ ,~-:-"/4'\ ~. Iu. '. - .~-t ,............~/,. .' J .. -~... . . '" '. ~ ~ "t' .~~,....,... . to. 'CI. :. ~- ~-~~ . ::l~:~1 ~ fi .t'\ ~ '.. It)TlIry?u 10r Ore3:>11 1\."" -.- : _. . . ~.. : . I Iil}~ IJ B ,...\~.:~ f.J. 1- I.;l.. - 90 ~/;........,....~~/. "-Tit my cQlllflli~.lon elt"lre5. ~ (If <.l~' ,,' .. .... .. . . . ",: 1- i!dlJil:N '&P: (/ ~.." ?~"".e~..c- qtl E,IIIA;.v AsJ/",~"'/'~' 9.?5;1.d lI&fI'l. ~1 . ..., ~1Mf~l"""''''.l.IJ_Mvtttl'''''~~....,.v....~._-,."""",,"".'~'. - ..... ...-- ;:oif'~.l("' ..1~ ;0'., ." .. "..~ ,. fr ..~:~... . . ~. 141 0021002 L . J ~. . . . ~" , "~ f .J j ;;'1' ~'It.,. :'~;, '.' ~~;. . . . . ;;'~:'."i~ Y, ':'-l -~~--r--- CITY OF ASHLAND Council Communication Second Reading of Ordinance Granting a Franchise to Avista Meeting Date: December 6, 2005 Primary Staff Contact: Michael Franell /r Department: Legal @ E-mail: franellm@ashland.or.usl/ I, Contributing Departments: Finance Secondary Staff Contact: Lee Tuneburg Approval: Gino Grimaldi :(' E-mail: tuneburl@ashland.or.us Estimated Time: 15 minutes Statement: Avista has a gas franchise agreement with the City of Ashland which allows them to locate their gas lines and other necessary facilities within Ashland's rights of ways. The prior franchise was a 20-year agreement that expired this year. We have been negotiating a new franchise agreement. Attached for second reading is the franchise agreement with amendments directed by the City Council at the September 20, 2005, City Council meeting. Background: The proposed new franchise agreement has several changes from the expired agreement. Instead of twenty years, the proposed franchise will be for a ten-year term. The new agreement requires Avista to comply with the right of way excavation ordinance that the City has enacted since the prior agreement was negotiated. The new agreement does away with reference to the 2% utility tax as that is combined with the previous 3% franchise fee and is now incorporated in the 5% franchise fee, which is the maximum franchise fee that may be charged under ORS 221.450. Avista is now self insured, rather than providing insurance through an insurance company. Section 4, of the proposed franchise agreement has been amended, consistent with Council direction, to require an annual certification that Avista meets the minimum insurance reserve requirements. Additionally, section 4 was amended to require Avista to provide an insurance certificate within 30 days in the event they elect to provide for insurance through a third party provider. Finally, consistent with Council direction, the proposed franchise has been amended to require Avista to provide with its quarterly reports, a report on the total amount of gas sold per customer class and the number of customers served. Related City Policies: The proposed franchise subjects Avista to the right of way excavation requirements found in Ashland Municipal Code Title 13, Chapter 12. Council Options: The Council can accept the franchise renewal by passing and adopting the attached ordinance at second reading. The Council could direct staff to negotiate further with Avista, providing staff specific direction on additional desired terms. Staff Recommendation: Staff recommends the Council adopt an Ordinance of The City of Ashland, Oregon, Granting a Franchise to Avista Corporation for the Construction, Operation, and r~' Maintenance of Natural Gas Facilities Within the City of Ashland, Oregon, as amended on second reading by title only. Potential Motions: I move the Council adopt an Ordinance of The City of Ashland, Oregon, Granting a Franchise to Avista Corporation for the Construction, Operation, and Ma'intenance of Natural Gas Facilities Within the City of Ashland, Oregon, as amended on second reading. Attachments: Proposed Franchise Renewal Ordinance as amended. r~' ORDINANCE NO. AN ORDINANCE OF THE CITY OF ASHLAND, OREGON, GRANTING A FRANCHISE TO A VIST A CORPORATION FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF NATURAL GAS FACILITIES WITHIN THE CITY OF ASHLAND, OREGON THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS: SECTION 1. Subject to the terms and conditions hereof, City grants to Avista Corporation (Grantee), its successors and assigns, for a period of 10 years from the 18th day of March, 2005, the right, privilege, and franchise to construct, maintain, operate, use, repair and/or replace a system of conduits, mains, and pipelines, together with the appurtenances thereto, in the streets, alleys, avenues, and thoroughfares of the City of Ashland, County of Jackson, State of Oregon, for the purpose of supplying, transmitting, distributing, and selling artificial, natural, or mixed gas to any and all persons, firms and corporations within the said city and beyond the corporate limits thereof for light, heat, power, or for any other lawful purpose. SECTION 2. This franchise is granted and the continuance hereof is contingent upon and subject to the following conditions: a) All installations of pipes, mains, and other conduits shall be underground and in accordance with the city's standards and specifications for public works as they now exist or may be hereinafter amended, and at such locations and depth (not less than eighteen inches (18") below the established grade line, except with the consent of the city) as shall not interfere with the use of such streets, alleys, avenues, or thoroughfares by the city or others for the maintenance, use, and repair of sewers, water mains, pipes, conduits, electrical circuits or other installations then in place, and shall be so laid as to do no injury to the proper use of such streets, alleys, avenues, and thoroughfares, nor to private property adjacent thereto, and shall be maintained in a good and workmanlike manner as may now or hereafter be provided by the laws of the State of Oregon and ordinances of the City of Ashland and lawful regulations issued pursuant thereto, respectively. The grantee shall recognize and comply with the city's excavation ordinance, in Ashland Municipal Code Title 13, Chapter 12, as it currently exists or as it may hereinafter be amended by the City of Ashland. b)The grantee shall file with the offico of the City Administrator an accurate plat on all portions of its distribution system that are located on the streets and alleys of the City of Ashland, and shall keep and maintain said plat in a currant condition, in ordor that at all times the City of Ashland shall be fully advised as to tho location of all of the Grantee's installations on-saiG streets or alleys. Gas Franchise Agreement G:\IegaI\Mike\Ordinances\Avista Franchise 2005(4)rdl.doc Page - 1 b) The Grantee shall file on or before the anniversary date of this franchise each year, with the office of the City Administrator, an electronic file on all portions of its distribution system that are located on the streets and alley of the City of Ashland, and shall annually update that file in ordHr that the City of Ashland be advised as to the location of all of the Grantee's installation on said streets or alleys. The City of Ashland shall to the extent permitted under Oreqon law, maintain the information in confidence. c) The grantee shall promptly upon laying, replacing, or repairing said pipes, mains, and other conduits, or any part thereof, at its own cost and expense place said streets, alleys, avenues, and thoroughfares, or so much thereof as have been damaged thereby, in as good order and condition as they were before being disturbed or excavated for the purpose of laying, placing, or repairing said pipes, mains, and other conduits and such repair shall be in accordance with city specifications and in accord with Title 13, Chapter 12 of the Ashland Municipal Code. The grantee shall assume all liability for damages to persons or property which may arise from the construction, repair, or operation of said pipes, mains, conduits, or appurtenances and from the excavation of any street, alley, avenue, or thoroughfare and the exercise of the privilege hereby granted and shall at all times save the City of Ashland harmless from any and all liability which may arise or be incurred therefrom, occasioned or arising out of the exercise of the privileges hereby granted to the grantee. d) Grantee shall perform all construction, installation, repair or relocation of lines and appurtenances along or under the roads, rights of way or properties subject to this Franchise in such a manner as not to interfere with the construction and maintenance of other utilities, public or private, drains, drainage ditches and structures, irrigation ditches and structures located therein, nor with the grading or improvement of such roads, rights of way or other public property subject to this Franchise. ' e) The grantee, as consideration for the privileges hereby granted, shall within sixty (60) days of the close of each quarter during each year during the term hereof, pay to the City of Ashland a franchise tax or toll equal to five percent (5%) of the gross receipts of the grantee from the sale of gas to users thereof within the City of Ashland during each of the franchise quarters of each year throughout the term hereof. Further provided, that in the event the Oregon Public Utilities Commission permits an increase in the gross receipts, then grantee agrees, commencing with the next succeeding quarterly payment, to pay to the City of Ashland a franchise tax or toll at the rate of the maximum percentage permitted by the Oregon Public Utilities Commission of the gross receipts of the grantee as set forth herein. SECTION 3. The grantee shall keep books and records of its financial affairs for the operation of its business in the city and said books shall cover only such business. The Gas Franchise Agreement G:\legal\Mike\Ordinances\Avista Franchise 2005(4 )rdl.doc Page - 2 -- .,-, -- ~---------Y---'- city shall have the right to inspect these books and records, at reasonable times and places, with respect to all matters covered by this ordinance. Grantee when filinq each quarterly report shall include in addition to the revenue calculation, information relatinq to the quantity of natural qas sold by customer class and the number of customers served in the reportinq period. SECTION 4. The grantee self insurers against liability. The grantee agrees to maintain insurance reserves throughout the term of this franchise, insuring the grantee against all damages in the minimum amount of (a) $250,000 for property damage in anyone accident; (b) $500,000 for bodily injury or death to anyone person, and (c) $11,000,000 for bodily injury or death resulting from anyone accident, or in such amounts as provided for City liability in the Oregon Tort Claims Act, ORS 30.265 et seq., as it exists today or hereinafter is amended, whichever is greater. Grantee shall certify in writinq, to be provided on or before the anniversary date each year of this franchise, Grantee is in compliance with the insurance reserve requirements set forth above. The grantee agrees to indemnify and hold the City harmless against any liability or cost arising out of or in connection with actions by the Grantee, its officers, employees, agents, contractors and/or subcontractors. In the event grantee's insurance reserves, for any reason, drop below the minimums to cover potential liabilities as set forth in this paragraph Grantee shall immediately notify City of the reserve deficiency and shall take necessary steps to bring the insurance reserves back up to minimum required amounts. During any period of insurance reserve deficiency, Grantee shall not perform any work within the City of Ashland until such deficiency shall have been corrected. Grantee shall notifv the City of Ashland in writinq in the event the Grantee elects to obtain insurance from a third party provider and provide a certificate of insurance within 30 days. SECTION 5. The grantee shall promptly reimburse the City for any damage to city property by reason of the installation, maintenance, or operation of said business within the corporate limits of the City of Ashland. SECTION 6. Grantor shall notify Grantee of any intended or expected requirement or request to relocate Grantee's facilities as early as practicable, but not later than 120 days prior to any such relocation when the requirement or request could have been foreseen by that date. Grantor shall endeavor to cause any such relocation to be consistent with any applicable long term development plan or projection of Grantor or approved by Grantor. If, at any time, the Grantor shall cause or require the alteration or the improvement (the "Improvement") of any road, highway or right-of-way wherein Grantee maintains facilities subject to this franchise by grading or regarding, planking or paving the same, changing the grade, altering, changing, repairing or relocating the same or by constructing drainage or sanitary sewer facilities, the Grantee upon written notice from Grantor shall, with all convenient speed, change the location or readjust the elevation of its system and other facilities so that the same shall not interfere with such work and so that such equipment and facilities shall conform to such new grades or routes as may be established. The relocation of Grantee's facilities shall be at the sole expense of Grantee unless: (i) the Improvement was not paid for solely by public funds, Gas Franchise Agreement G:\legal\Mike\Ordinances\Avista Franchise 2005(4 )rdl.doc Page - 3 - T in which case the Grantor agrees to make reasonable efforts to facilitate an agreement between the adjoining property owners or developers to pay for the costs of relocation; or (ii) Grantor has failed to provide the required advance notice, in which case, except in the event of an emergency or in the event such relocation was caused by an unforeseen event, any and all excess costs caused by the failure to provide such notice shall be paid by Grantor. SECTION 7. Grantee shall within 30 days after the passage of this ordinance file with the City Council a written acceptance of the terms and conditions of this franchise. Said franchise and privilege shall be granted upon each of the provisions and conditions herein contained and in consideration of the promise of the grantee to keep and observe each of said provisions and conditions herein expressed to be kept and observed by it and in acceptance of said franchise and privilege the grantee does agree to keep and observe each of said conditions and provisions. SECTION 8. In the event that Grantor charges or imposes upon Grantee any fees, taxes or other costs in connection with the issuance, maintenance, existence, continuation, or use of the franchise, or the public rights-of-way governed hereby, granted pursuant to this document, then Grantor shall impose equivalent charges, fees, taxes or costs upon any other franchisee in the same business or competing with Grantee. SECTION 9. If Grantee shall willfully violate or fail to comply with any of the provisions of this Franchise through willful and unreasonable neglect or willful and unreasonable failure to heed or comply with any notice given Grantee under the provisions of this grant, then Grantee shall forfeit all rights conferred hereunder and this Franchise may be revoked or annulled by the Grantor; provided, however, the Grantor shall give ninety (90) days' written notice of its intention to revoke or annul the Franchise during which period Grantee shall have the opportunity to remedy any breach. SECTION 10. Any facilities and appurtenances in streets, alleys, rights of way and public places, incidental to the franchise system, that have been, or are at any future time acquired, leased, or utilized in any manner by Grantee are thereupon to be deemed authorized by and shall be subject to all provisions of this Franchise. SECTION 11. Any subsequent additions or modifications of the boundaries iOf the Grantor, whether by annexation, consolidation or otherwise, shall be subject to the provisions of this Franchise as to all such areas. Grantor shall notify Grantee of the precise scope of any change of boundaries not less than thirty (30) days prior to such change becoming effective. SECTION 12. This Franchise shall update and supersede all prior gas franchises for the above stated purpose heretofore granted to Avista Corporation or its predecessors, by Grantor, or its predecessors, and shall affirm, authorize and ratify all prior installations authorized by permits or other action not previously covered by this Franchise. Gas Franchise Agreement G:\legal\Mike\Ordinances\Avista Franchise 2005(4 )rdl.doc Page - 4 SECTION 13. The Franchise is granted pursuant to Ashland Municipal Code and to the laws of the State of Oregon relating to the granting of such rights and privileges by Grantor. If any article, section, sentence, clause or phrase of this Franchise is for any reason held illegal, invalid, or unconstitutional, such invalidity shall not affect the validity of the Franchise or any of the remaining portions. The invalidity of any portion of this Franchise shall not abate, reduce, or otherwise affect any obligation required of Grantee. SECTION 14. The right and privilege hereby granted shall become and be effective as of March 18, 2005, and upon written acceptance of the terms and conditions herein contained by the grantee within said period of forty (40) days after the passage of this ordinance. 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 September ,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 Gas Franchise Agreement G:\legal\Mike\Ordinances\Avista Franchise 2005(4)rdl.doc Page - 5 CITY OF ASHLAND Council Communication Motion for Authorization to Negotiate Extending the Parking Enforcement Contract and Revising Hargadine Parking Structure Operations Meeting Date: December 6, 2005 Department: Administrative ~ices Contributing Departments: NA Approval: Gino Grimaldi ~ Primary Staff Contact: E-mail: Secondary Staff Contact: E-mail: Estimated Time: 10 Minutes Lee Tuneberg #I' (J-- tuneberl@ashland.or.us NA Statement: . Staff is requesting authorization to extend the parking enforcement agreement with Diamond Parking, Inc., for the core parking area to June 30, 2006, and to make minor operational revisions of the Hargadine Parking Structure until an RFP for parking services can be completed (estimated to be done by April, 2006, with the new contract implemented by July 1, 2006). Background: A study session on the Hargadine Parking structure was held on March 2, 2005. At that meeting staff identified the relationship between the structure and parking in the city core as performed by Diamond under the existing, extended contract. An overview was provided of the structure's operation, costs and potential changes to improve operations until the downtown plan review was completed. No significant changes have been made due to other non-parking issues diverting staff's attention. Enforcement of Ashland Municipal Code parking regulations is provided by Diamond Parking, Inc., as bid by the Police Department and awarded in 2001. The contract was eligible for bidding as of July 1, 2004 but has previously been extended by the Finance Director to allow further review of operations potential changes. Staff believes that management of core-area parking enforcement can not wait for other studies and needs to be bid this fiscal year, Hargadine Parking Structure revenue pays for its debt service, maintenance and upgrades while parking enforcement revenue from tickets and service charges in all of the core areas pays for the contract with Diamond. Even though other cities in the Rogue Valley have bid parking services in the last two years and only received one bid each, awarding to Diamond in both cases, another firm has expressed interest. Due to this new interest and the potential for other unknown bidders a bid process is warranted. Additionally, the extension would provide an opportunity to consider changes in operations including: 1. enforcement at the parking structure after hours 2. changes in methods of enforcement that will help with: a. customer service, b. collections and c. processing appeals to citations. r~' Such changes may require revisions to AMC to provide smoother operations benefiting all participants. As reported in March, revenue generation of the structure has been such that debt service, operations and maintenance, enforcement and minor upgrades are totally funded. However, data to support significant changes is still being gathered so smaller changes addressing many of the daily issues raised at the study session should be dealt with at this time. With approval, staff will negotiate with Diamond minor changes in services and related costs in the downtown area and at the Hargadine Structure to improve operations and customer services to be effective prior to the start of the 2006 tourist season. Anticipated areas of change are: 1. Hours of operation - implementing random night and Sunday enforcement at the Hargadine structure. 2. Upgrading the ticket/permit machines on all three levels for easier use and reliability 3. Adp lighting to all floors, signage and other improvements to protect the machines in item #2. 4. Eliminate handicap parking fees at the Hargadine - the confusion and enforcement required does not justify the estimated small amount that is collected in revenue. A Council Communication supported by a new contract and any other changes will be brought to you by May, 2006, for approval to begin July 1. Related City Policies Downtown plan Parking code Council Options: Accept staff recommendation granting authority to proceed. Direct staff to proceed as Council feels appropriate. Request additional information. Staff Recommendation: Authorize Administrative Services & Finance Director to: a. Extend the contract for downtown and Hargadine parking enforcement with Diamond Parking to June 30, 2006. b. To make minor adjustments as needed included those mentioned above. c. To proceed with a formal bid for services beginning no later than July 1, 2006. Potential Motions: Council moves to accept staff proposal. Attachments: Study session Council Communication Diamond Contract with extensions ~A' .. T -----.- CITY OF A.SHLAND Council Communication Study Session Hargadine Parking Structure Meeting Date: Department: Contributing Depts: Approval: March 2, 2005~ Finance NtA Gino Grimaldi Primary StatTContact: Lee Tuneberg, 552-2003 tuneberl(a).ashland.or .us Secondary Staff Contact: Nt A Statement: This report covers the operations and costs of the Hargadine Parking structure as it is used. today and options for continued. use. Background: The public parking structure located on Hargadine between Pioneer and 1st streets was built in 2001 on the site of an existing parking lot that contained. 86 spaces including four reserved. for the handicapped. The structure holds 145 spaces on three floors including five reserved for handicapped located on the lower level. It is a pay to park structure for all spaces with the fee being $1 per day until 6 PM and then $1 per hour with a maximum of $3 from 6 AM to midnight. Monthly permits for Monday through Friday day use only are $20. No over night parking is allowed. . The Hargadine structure represents 14.8% of the 977 parking spaces counted as part of the Downtown Business District. It also houses 25 spaces for motorcycles throughout and has a bicycle locker on the lower level. The structure was financed with an Oregon Economic and Community Development grant of $600,000 and a $900,000 loan for which the City of Ashland was the ''pass through" agency. The Oregon Shakespeare Festival (OSF) managed the project and the HV AC equipment room for the New Theater is located in the structure's northwest comer of the bottom floor. OSF pays $67,000 to the City each November for their share of the debt and the City budgets that amount plus $37,000 as debt service each year. The City owns the structure and it remains exempt from property tax in its current use as does the other City owned parking lots. Operational costs have been small these first three years due to newness of the structure. The routine costs experienced to date include insurance, maintenance and repair, upgrades to signage, parking permit machine upgrades, enforcement and staff time. The structure generates nearly $20,000 per year beyond the City's portion of debt service and that has been sufficient to cover direct operational costs but fell short of what would be considered. overhead or managerial costs. 1 r.t. , . Diamond Parking Enforcement patrols the structure during the day as part of overall downtown parking enforctDent and ev<ming enforcement is left to and dependant upon Ashland-Police availability. Diamond issues the monthly parking permits and coordinates all tasks and related paperwork for cash receipts, credit card processing, tickets issued, reports to the City's Municipal Court and collections. Diamond Parking Service was selected in a 2001 Request for Proposals done by Ashland Police when it was decided to outsource parking enforcement. Diamond assisted in selecting and setting up the three machines used at Hargadine to accept cash, coin or credit card and issue a receipt. Diamc'nd maintains the machines including servicing, replacing paper, ribbons, components and processing payments. The machines initially installed were not up to the volume and have been upgraded as well as the dollar bill acceptors that where also problematic. Even so, the more expensive machines still will not perform well with damaged or crumpled money. The machines do not give change and due to per-transaction costs for credit card use there is a cost elf 12 to 37% on each card purchase. Parking at the structure generates approximately $60,000 per year with the current rates, occupancy and enforcement. The money collected is split between the Debt Service Fund to make 3IUlual payments and the Central Service Fund to cover operational costs. Diamond spends approximately 5% of its total time enforcing parking at the structure and proc:essing related appeals. Diamond's annual cost for FY 2003-04 was $70,000. As can be expected, the structure is normally full at peak times (2:00 PM and 8:00 PM) during the tourism season and underutilized other times of the year. Signs conSistent with the City Code and similar to those for other public lots are posted at nearby intersections to alert the public to parking opportunities. Even so, many have wondered about the location of the structure. Additionally, allY time Main Street is closed or cordoned off for activities like parades the structure has a high probability of going under used. By many standards, utilization at peak periods can be deemed successful in that the normal model for downtown parking is to charge for the highly desirable spaces (the Plaza) and provide free or lower cost alternate parking. Ashland's model is the reverse and still results in near capacity use of the structure at peak hours from OSF, Cabaret, movie and retail activity and providing less pressure on street parking demand. Of course, during the off season and mornings street parking demand is light and so is the usage of Hargadine with the exception of permit parking. Public Perspective/Comments Administration and the Finance Department regularly receive input on the structure's use and operation: As you may guess, seldom is staff advised of how well the structure works and what a "buy" a buck a day is! Some of the other comments received are: 1. The machines are too hard to see. 2. The machine is not working right. 3. The mac::hine did not give me change. 4. It is too dark, even when all the lights are working. S. Why can't residents of Hargadine park there for free? 6. Do som4~thing about the pigeons. 2 CITY OF ASHLAND 7. Why do you have to park: head in? 8. Why can't you park: over night? 9. People drive too fast around the structure and the entrances. 10. Too many skateboarders. 11. The structure damaged my car. 12. The city should provide a sign that shows how Oregon and Ashland laws vary from California's. Diamond Parking employees report that they often are thanked for their helpfulness (they are often asked for directions) and routinely are told that $lIday is unbelievable. Remember that the City is not charging to park: in the Plaza, only enforcing compliance. The city does not have anecdotal information that can steer what it might do different with the structure. It is believed by staff that whatever happens to the use ofHargadme will impact the Plaza and the reverse is true. Proposed uses mentioned since 2001 are: a. Build housing on top of it. b. Open it to farmers market c. Provide free parking to businesses and/or city employees d. Provide parking for residences on Hargadine. e. Don't charge for parking at all. The Lithia Springs Hotel has asked the city about late hour use but may be waiting for the Bemis project outcome before any commitment could be sought. Personal use of the structure can jeopardize the tax exempt status of the structure and, in turn, affect the financing. Additionally, when the hotel identified the hours of highest need they were in conflict with high use periods for pals and other activities. Possible Alternatives: This could include charging more to better cover costs, surplus going to special interest groups or to augment the Street Fund. Our total costs are still being tallied but the approach to charge little to cover debt may not cover all costs including cleaning, repair, upgrades, expensive and temperamental machines and relatively high banking fees. For "only a buck" we are seeing high levels of frustration on the public's part and for the staff that has to deal with it and a paperwork deluge. The City could "cut" our losses by making it free so that the Plaza gets relief which may require the City to pay the debt rather than pay staff to manage the "fallout." I am sure permit holders would appreciate it but others may say it is a benefit to OSP (but remember that OSP pays the City $29,302 a year for their part of the $67,620 annual debt). The question here may be enforcement - treating it like other lots (4 hour parking) versus a longer period since one goal was to give the public somewhere to park: at low cost to allow multiple activities in conjunction 3 ~.l' with a play AND NOT return to a parking ticket. This perspective played a strong role in establishing the fees and operations at inception. That need is probably still applicabte today. At this juncture it may be better to take a conservative approach to changes, dealing with important issul:& even if some are relatively small in comparison to overall operations. Doing so would allow the more serious changes for the City's only parking structure to be considered along with the rest of the down town planning and parking programs. Some of the things that could be implemented at this time are: 1. Expanding the hours of use for monthly permits to attract more usage (perhaps at a slightly higher rate). Upgrading the V entek machines (or adding additional ones) to increase availability and perfomlance. Install udditionallighting for security and easier use of the Ventek machines. Target :special interest needs (hotels, businesses, Hargadine residents, other groups) by providing alternate permit programs. Removing payment requirements for Handicap designated spaces. 11. 111. IV. v. Related City Policies Downtown plan Parking code Council Options: Operate the structure much the way it is currently being run. Charge more pl~ space with a defmed purpose for where the revenues should be applied. Charge less or nothing and make the debt service payments from other operating revenues. Staff Recommendation: Keep the basic operations of the structure as it exists today until the downtown plan is complete and the interrelationship of it and the Plaza is better known. Staff could bring back to Council proposed options for changes in items i-v listed above that may suffice until the down town plan is completed. Potential Motions: None prepared as of this time. Attachments: OECDD contract Diamond Parking Agreement Comparison of Revenues and Expenses for 2003-2004. Sample letters -- public comment 4 ADDENDUM TO CITY OF ASHLAND CONTRACT FOR PERSONAL SERVICES Addendum made this 1 st day of July, 2005, between the City of Ashland ("City") and Diamond Parking, Inc. ("Consultant"). Recitals: A. On April 25, 2000, City and Consultant entered into a "City of Ashland Contract for Personal Services" to perform parking enforcement in the downtown area (further referred to in this addendum as "the agreement"). That agreement was revised December 1, 2000, to include the Hargadine Parking structure and extended the period of all services to June 30, 2001, to June 30, 2004. B. On July 1, 2004, the parties agreed to amend the agreement to extend services to December 31, 2004, to provide additional time to review the City's parking services needs and impacts on surrounding areas. C. The parties amended the agreement to further extend services to June 30, 2005 to provide additional time to review the City's parking services needs and impacts on surrounding areas and Council authorized further extension to allow for negotiating a new contract and/or bidding services for continued services. City and Consultant agree to amend the agreement in the following manner: 1. The contract period identified in paragraph 1.a. of the Revision to Contract Dated December 1, 2000 between Diamond Parking and the City of Ashland be changed to be extended no farther than December 31,2005. 2. The hourly wage identified in paragraph 1.c. be changed from a "not to exceed" rate of $9.60 per hour to a minimum hourly rate consistent with the City's Living Wage Ordinance of $11.74 per hour including qualifying benefits as of June 30, 20054. 3. The additional cost to Consultant for item #2 will be passed through on the monthly invoice to the City in a manner consistent with the original contract. The amount charged to the City during this contract will not exceed $14.95 hour per employee. 4 Except as modified above the terms of the agreement shall remain in full force and effect. CONSULTANT:,' r () . 7' I BY l...J:'U1 T L ( c [, '7) I.>L~ / Q ~--+. Title ' j' C(SJ(.{ e.. J cd \~/ 6:) t I f CITY OF ASHLAND: BY ~ ~'\ Finance Director Fed. 10 # Date 7 /1 /um~ / / Purchase Order # Date Acct. No.: 1- CITY OF ASHLAND SERVICES CONTRACT ADDENDUM H:\DIAMOND PARKING\ADDENDUM TO PSK -12-2005.DOC ADDENDUM TO CITY OF ASHlAND CONTRACT FOR PERSONAL SERVICES Addendum made this 1 st day of January, 2005, between the City of Ashland ("City") and Diamond Parking, Inc. ("Consultanf). Recitals: A. On April 25, 2000, City and Consultant entered into a "City of Ashland Contract for Personal Services" to perform parking enforcement in the downtown area (further referred to in this addendum as "the agreement"). That agreement was revised December 1, 2000, to include the Hargadine Parking structure and extended the period of all services to June 30, 2001, to June 30, 2004. B. On July 1, 2004, the parties agreed to amend the agreement to extend services to December 31, 2004, to provide additional time to review the City's parking services needs and impacts on surrounding areas. C. The parties desire to amend the agreement to further extend services to June 30, 2005 to provide additional time to review the City's parking services needs and impacts on surrounding areas. City and Consultant agree to amend the agreement in the following manner: 1. The contract period identified in paragraph 1.a. of the Revision to Contract Dated December 1, 2000 between Diamond Parking and the City of Ashland be changed to end June 30, 2005. 2. The hourly wage identified in paragraph 1.c. be changed from a "not to exceed" rate of $9.60 per hour to a minimum hourly rate consistent with the City's Living Wage Ordinance of $11.44 per hour including qualifying benefits as of June 30, 2004. 3. The additional cost to Consultant for item #2 will be passed through on the monthly invoice to the City in a manner consistent with the original contract. The amount charged to the City during this contract will not exceed $14.20Ihour per employee. 4 Except as modified above the terms of the agreement shall remain in full force and effect. CITY OF ASHLAND: BY ~~, Finance Director Date ?'~~S- Purchase Order # Acct. No.: 1- CITY OF ASHLAND SERVICES CONTRACT ADOENDUMC:\DOCUMENTS AND SETTINGS\ADMINISTRATOR\LOCAL SETTINGS\TEMPOR $/0 ~ CONTRACT Contractor services contract made on the date specified below in Recital A between the City and Contractor as follows: Recitals: A. The following information applies to this contract: CITY: CITY OF ASHLAND City Hall 20 E. Main St. Ashland, Oregon 97520 (541) 488-6002 FAX: 541 488-5311 Date of this agreement: . November 10,2000 2.2. Contractin officer: Contractor: Address: Diamond Parking, Inc. 1297 High Street Eugene, Oregon 97401 Telephone: FAX: 541-343-3733 541-345-7275 11 B: RFP date: Pro osal date: April 1, 2000 A ri125,2000 Lt. Michael Bianca Parkin Administration and Enforcement Madison Ta lor not a licable resentative: 8.3. Maximum contract amount: B. On the date noted above, City issued a request for proposals (RFP) for consulting services needed by City for the project described above. Contractor submitted a proposal in response to the RFP on the date noted above. C. After reviewing Contractor's proposal and proposals submitted by other offerors, City selected Contractor to provide the services covered by the RFP. City and Contractor agree as follows: A. Relationship of Contract Documents: In response to the RFP, Contractor submitted a proposal which included a Scope of Service attached as Exhibit A and an Operations Plan attached as Exhibit B. In addition, by letter dated October 26,2000, Contractor amended its proposal after meeting with the City on October 24,2000. This letter is attached as Exhibit C. In the event of any inconsistencies in the terms of this contract, Exhibits A, Band C, the RFP or the Contractor's proposal, this contract shall take precedence over Exhibits A, Band C which shall take precedence over the RFP and the proposal, unless Exhibits A, B, or C expressly and specifically modify this contract. 1. Relationship between City and Contractor: Contractor accepts the relationship of trust and confidence established between Contractor and City by this contract. Contractor covenants with the City to perform services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals of Contractor's caliber in the locality of the project. Contractor further covenants to cooperate with City, City's representatives, contractors, and other interested parties in furthering the interests of City with respect to the PAGE 1-CONTRACT G:\legaI\PAUL\RFP\parking rfp k.wpd project. In order to promote successful completion of the project in an expeditious and economical manner, Contractor shall provide professional consulting services for City in all phases of the project to which this contract applies, serve as City's professional consulting representative for the project, and give professional consultation and advice during the term of this contract. Contractor acknowledges that City is relying on Contractor to provide professional consulting services in a manner that is consistent with the interests of City. 2. Definitions: Generally words, terms and phrases used in this contract shall havE~ the meaning ascribed to them in the construction industry, unless the context clearly indicates otherwise. As used in this contract: 2.1. "City" means the City of Ashland, Oregon. 2.2. "Contracting officer" means the person specified in Recital A above or that person's designee. 2.3. "Project" means the project described in Recital A. 2.4. "Work" or "Services" shall mean all labor, materials, plans, specifications, opinions, reports, and other consulting services and products which Contractor is required to provide under this contract. 3. Term: The term of this contract shall commence on the date specified in Recital A above and end on completion of all services required by this contract unless sooner terminated as provided in this contract. 4. Authority of contractinq Officer: The contracting officer shall have the authority to act on behalf of City in the administration and interpretation of this contract. The contracting officer shall have complete authority to authorize services, transmit instructions, receive information, interpret and define City's policies and make other decisions with respect to Contractor's services. 5. Consultinq Services: Contractor shall provide services to City that are described in the RFP. 5.1. In connection with the services described in the RFP, Contractor shall: 5.1.1. Consult appropriate representatives of City to clarify and define City's requirements relative to the services. 5.1.2. Review available data relative to the services. 5.1.3. Identify data which is not available and is needed to fulfill the services, and act as City's representative in obtaining such data. 5.1.4. Prepare monthly progress reports to the contracting Officer on the status of services. 5.1.5. Cooperate with other contractors retained by City in the exchange of information needed for completion of the services and the project. PAGE 2-CONTRACT G:\legaI\PAUL\RFP\parKing rfp k.wpd 5.2. Contractor shall commence performance of services within five days after receiving written authorization from the contracting officer for work described in the RFP. Contractor shall perform the services as expeditiously as is consistent with professional skill and care and the orderly progress of the project. Upon request of City, Contractor shall submit for City's approval, a schedule for the performance of work elements described in the RFP. Each schedule shall include allowance for periods of time required for City's review and approval of Contractor's services. Each schedule, approved by City, shall become a part of this contract. 5.3. Contractor shall perform the services as an independent contractor in accordance with generally accepted standards in Contractor's profession. Contractor shall be responsible for the professional quality, technical accuracy and the coordination of all services performed by Contractor. Contractor shall, without additional compensation, correct or revise any error or deficiencies in the services that are caused by Contractor's negligence. City's review, approval, acceptance of, or payment for, any of the services shall not be construed to waivE~ any of City's rights under this contract or of any cause of action arising out of Contractor's services. In the event of any breach of this contract by Contractor or negligent performance of any of the services, City's cause of action against Contractor shall not be deemed to accrue until City discovers such breach or negligence, or should have, with reasonable diligence, discovered such breach or negligence. The preceding sentence shall not be construed, however, to allow City to prosecute an action against Contractor beyond the maximum time limitation provided by Oregon law. 6. Assiqnment of Contractor's Personnel: 6.1. The services covered by this contract shall be rendered by, or under the supervision of the person specified in Recital A above, who shall act as Contractor's representative in all communications and transactions with City. 6.2. Contractor will endeavor to honor reasonable specific requests of City with regard to assignment of Contractor's employees to perform services if the requests are consistent with sound business and professional practices. 7. Responsibilities of City: 7.1. City will cooperate fully with Contractor to achieve the objectives of this contract. 7.2. City will provide information, documents, materials and services that are within the possession or control of City and are required by Contractor for performance of the services. 7.3. City will arrange for access to, and make all provisions for Contractor to enter upon, public and private property as required for Contractor to perform the services. 7.4. City will provide all permits necessary for completion of the project. 7.5. The contracting officer will act as liaison between City, Contractor, public agencies, and others involved in the project. 8. Payment: 8.1. City shall pay Contractor for services and reimburse Contractor for expenses incurred by Contractor in performance of services in accordance with a payment schedule to be PAGE 3-CONTRACT G:\legaI\PAUL.\RFPlparking rfp k.wpd submitted by Contractor and accepted by City. No reimbursement will be made for expenses ~tJ that are not specifically itemized in this payment schedule without prior approval by the .J . contracting officer. lei. 8.2. Contractor shall submit monthly invoices to City for Contractor's services within~ l'~et.Jij days after the end of the month covered by the invoice. 8.3. Total payments under this contract or any amendments shall not exceed the sum specified in Recital A above. 9. Compliance with Law: 9.1. This contract will be governed by and construed in accordance with laws of the State of Oregon. Contractor shall promptly observe and comply with all present and future laws, orders, regulations, rules and ordinances of federal, state, City and city governments with respect to the services including, but not limited to, provisions of ORS 279.312, Zm.314, 279.316 and 279.320. 9.2. Pursuant to ORS 279.316(2) any person employed by Contractor who performs work under this contract shall be paid at least time and a half pay for all overtime in excess of 40 hours in anyone week, except for persons who are excluded or exempt from overtime pay under ORS 653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209. 9.3. Contractor is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017. Prior to commencing any work, Contractor shall certify to City that Contractor has workers' compensation coverage required by ORS Chapter 656. If Contractor is a carrier insured employer, Contractor shall provide City with a certificate of insurance. If Contractor is a self-insured employer, Contractor shall provide City with a certification from the Oregon Department of Insurance and Finance as evidence of Contractor's status. 10. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. To the extent permitted by law, City shall, within the Ilimits of the Oregon Tort Claims Act, defend, indemnify and hold harmless Contractor, its Contractors, agents and employees against all damages, claims, expenses and losses arising out of any reuse of plans, specifications and other documents prepared by Contractor without prior written authorization of Contractor. 11. Records: 11.1. Contractor shall develop and maintain complete books of account and other records on the services which are adequate for evaluating Contractor's performance. Contractor shall maintain records in such a manner as to provide a clear distinction betWeen the expenditures and revenues related to the project and the expenditures and revenues related to Contractor's other business. 11.2. Contractor's books and records shall be made available for inspection by City at reasonable times, to verify Contractor's compliance with this contract. City shall have the right to request an audit of Contractor's books and records by a certified public accountant retained by City. PAGE 4-CONTRACT G:\legaI\PAUL\RFP\parldng rfp k.wpd 12. Indemnification: Contractor shall defend, indemnify and save City, its officers, agents, and employees harmless from any and all claims, actions, costs, judgments, damages or other expenses resulting from injury to any person (including injury resulting in death,) or damage to property (including loss or destruction), of whatsoever nature arising out of or incident to the negligent performance of this contract by Contractor (including but not limited to, the negligent acts or omissions of Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any claims, actions, costs, judgments, damages or other expenses, directly and proximately caused by the negligence of City. 13. Insurance: 13.1. Contractor shall, at its own expense, at all times during the term of this contract, maintain in force: 13.1.1. A comprehensive generalliabmty policy including coverage for contractual liability for obligations assumed under this contract, blanket . contractual liability, products and completed operations and owner's and contractor's protective insurance; 13.1.2. A professional errors and omissions liability policy; and 13.1.3. A comprehensive automobile liability policy including owned and non-owned automobiles. 13.2. The coverage under each liability insurance policy shall be equal to or greater than the limits for claims made under the Oregon Tort Claims Act with minimum coverage of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. 13.3. Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage will not be acceptable, except for the coverage required by subsection 13.1.2. 13.4. Certificates of insurance acceptable to the City shall be filed with City prior to the commencement of any work by Contractor. Each certificate shall state that coverage afforded under the policy cannot be cancelled or reduced in coverage cannot be made until at least 30 days prior written notice has been given to City. A certificate which states merely that the issuing company "will endeavor to mail" written notice is unacceptable. 14. Default: 14.1. There shall be a default under this contract if either party fails to perform any act or obligation required by this contract within ten days after the other party gives written notice specifying the nature of the breach with reasonable particularity. If the breach specified in the notice is 'of such a nature that it cannot be completely cured within the ten day period, no default shall occur if the party receiving the notice begins performance of the act lOr obligation within the ten day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 14.2. Notwithstanding subsection 14.1, either party may declare a default by written notice to the other party, without allowing an opportunity to cure, if the other party repeatedly breaches the terms of this contract. PAGE 5-CONTRACT G:\legaI\PAUL\RFPlpar1dng rfp k.wpd 14.3. If a default occurs, the party injured by the default may elect to terminate this contract and pursue any equitable or legal rights and remedies available under Oregon law. All remedies shall be cumulative. 14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the State of Oregon for Jackson County. 15. Termination without Cause: 15.1. In addition to the right to terminate this contract under subsection 14.3, City may terminate by giving Contractor written notice sixty days prior to the termination date. 15.2. In addition to the right to terminate this contract under subsection 14.3, Contractor may complete such analyses and records as may be necessary to place its files in order and, where considered necessary to protect its professional reputation, to complete a report on the services performed to date of termination. 15.3. If City terminates the contract under subsection 15.2, Contractor shall be paid for all fees earned and costs incurred prior to the termination date. Contractor shall not be entitled to compensated for lost profits. 16. Notices: Any notice required to be given under this contract or any notice required to be given by law shall be in writing and may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by law. 16.1. Notices to City shall be addressed to the contracting officer at the address provided for the City in Recital A above. 16.2. Notices to Contractor shall be addressed to the Contractor's representative at the address provided for the Contractor in Recital A above. 17. Assianment: City and Contractor and the respective successors, administrators, assigns and legal representatives of each are bound by this contract to the other party and to the partners, successors, administrators, assigns and legal representatives of the other party. Contractor shall not assign or subcontract Contractor's rights or obligations under this contract without prior written consent of City. Except as stated in this section, nothing in this contract shall be construed to give any rights or benefits to anyone other than City and Contractor. 18. Modification: No modification of this contract shall be valid unless in writing and signed by the parties. . D {Am ON\) P ~r L',,) Contractor ,/ /1 J BY ~J/.- V.MY ':;:1-:1 fr (5id t ~ Fed. 10 # PAGE 6-CONTRACT It / b I~() , ~ tJ. -# CJ r 6 7' 6 G:\legaI\PAUl.\RFP\parldng rfp k.wpd /1' t7C6/'P-C/ 6- C/~1'6-0 ,,// A ~ _ _ ~ ._ ~",.".,...,,- .~ DIAMOND MUNICIPAL PARKING Home Office: 3161 ELLIOTT · SEATTLE, WA 98121 (206) 284-3100. FAX (206) ~~85-5598 Seattle Office: (206) 284-6303 REVISION TO CONTRACT DATED DECEMBER 1, 2000 BETWEEN DIAMOND PARKING AND THE CITY OF ASHLAND. Backaround: 1. The City of Ashland has erected a parking structure that will have approximately 145 parking stalls on three levels. The parking structure will have three (3) electronic pay stations, one on each level. The city has requested a proposal to incorporate the new parking structure into the contract. 2. The initial contract between the City and Diamond Parking was for a seven (7) month trial period that will end on June 30, 2001. Contract Revisions: 1. All terms of the irntial contract remain in effect except as modified herein. This revjsiofl-.andcontract extension becomes effective on J'u l ~ ~, 2001 andis-for a three year period ending an :::rVI1~ ~ :3Q...:, 2004.. / a. b. Diamond Parking will start providing service for the park.ing structure on the contract beginning date unless otherwise instructed. Our service to the structure \Yill consist of, b.1 Consistent and regular patrols on a daily basis during the pay hours. b.2 Diamond Parking agrees to provide regular and routine preventative maintenance to the City's revenue control systems in this facility. Maintenance \Yilt be performed per manufacturer's recommended schedule for such as outlined in manufacturer's maintenance specifications manual, attached to this contract. Diamond Parking will maintain an agreed upon supply of spare parts an.d other such equipment, agreed upon by the City, to assure optimum operation of revenue control equipment and timely response to problems and/or incidents of system failure. On a quarterly basis, Diamond Parking will submit to the City an updated inventory of all spare parts held by Diamond Parking. The City shall reimburse Diamond Parking for supplies e()nu-eni-ent :'h()U).ntMu-n Pa1-k-i-nfj purchased for the necessary maintenance and operation of the revenue control system. Initial spare parts will be purchased by Diamond Parking and deducted from the revenue cotlected with a line . item for the cost being added to the month ending report. Pur{:hased Items such as the thermal paper will be purchased by Diamond Parking on an as needed basis with the cost being added to the monthly invoice that is sent to the City of Ashland. b.3 Revenue collected from the pay stations will be handled in the same manner as citation revenue is handled in that It wilt be banked by Diamond Parking and accounted for at the end of the month with the corporate reporting. b.4 With the 1nstallation of the electronic pay stations, the City of Ashland has asked Diamond Parking to provide the i"equlred laptop computer equipped with Windovvs 95 or 98. This computer will be used for programming the electronic pay stations and cotlection of the credit card data. b.5 Our local Manager will accomplish revenue collections from the electronic pay stations. c. The cost for our service will be $3,315 plus the hourly labor. You will be- charged only the exact hours vvorked and at a rate not to exceed $9~60 per hour Including employee tax and benefits. A comparison that shovvs the existing cost to the city versus the new cost is enclosed as attachment "A". AGREED this (p -It- day of ~e ~ , 2001 Diamond Municipal Parking By: 9:,~ Doo.",JJ O~ It's: r r~'j \ _ Y' .I CITY OF ASHLAND Council Communication Meeting Date: December 6, 2005 Department: Administrative S~ices Contributing Depts: N/A Approval: Gino Grimaldi Resolution Repealing Resolution 2005-37 Authorizing a Cable Television Rate Increase in the Telecommunications Fund ,tJ1l)-, Primary Staff Contact: Lee Tuneberg, 552- 2003 tuneberl@ashland.or.us Estimated Time: 30 Minutes Statement: This resolution replaces Resolution 2005-37 and corrects for errors and omissions in the original supporting documentation. To allow appropriate notification per FCC regulations the effective date has been delayed a few days from Cycle 9 to Cycle 2 billings prepared after Febmary 1, 2006. Background: Council approved two resolutions in a continued business meeting on September 7,2005. Both resolutions changed significantly from the forms originally proposed. In revising the resolution to set CATV rates, staff did not provide a complete resolution that included all intendt:d fees, primarily premium channel charges for a new addition and the option of specifying other fees and charges. The attached resolution includes corrections for the Playboy Channel not included in the original. Additionally, it has been requested by a Council member that fees and charges be set for Commercial CATV services and Bulk services as part of the resolution. Currently, Commercial CATV rates are the same as residential rates and bulk and certain commercial charges are negotiated at the time the contract is struck with the customer as authorized by Section 3 of CATV rate resolutions. This is a difficult and time consuming change to manage for the amount of revenue to be generated because more than just bars and restaurants subscribe to AFN CATV. Realtors, B&Bs, dentists, salons and home businesses will make this a challenge to enforce. For reference Staff estimates there is only $25,000 in total annual revenue for all bulk customers and an estimated $12,000 in existing commercial customer annual revenue for showing CATV to patrons. Commercial accounts providing Music Choice are already paying $25 per month above the level of CATV service they have purchased. Any changes and resultant negotiations would not be applicable on existing contracts until time of renewal and could discourage potential 1 ---.- customers from accepting the posted rate or entering into negotiations if a competitor comes to them with a lower price, on the spot. However, staff has provided space in the resolution for the subject services identifying them as negotiated. If Council would like to set Commercial CATV and/or Bulk Services rat(~s at this time then those sections of the resolution that reference negotiated fee can be established by amending the resolution as follows: . Commercial Cable Television Monthly rates are double the corresponding residential services (excluding any PEG fee). . Music Choice Monthly rates are $25. . Bulk Services Monthly rates are $9 per room (no HBO) and $11 per room with HBO. (1) Commercial, Music Choice and Bulk rates may be adjusted through negotiations of combined services, contract length, promotions, etc. per Section #3 of this resolution. The rates proposed in the resolution are at or above the amounts currently charged. Staff recommends that authority be given the AFN Director, as identified in Section 3, to reduce these amounts through negotiations in consideration of limited or bundled services, advertising on AFN, promotional incentives, length of contract and other terms deemed appropriate by AFN management. Without such latitude customers will easily be drawn away from AFN. Related City Policies Rates and fees are set by City resolution or ordinance. Heretofore, resolutions for AFN services have left discretion to staff on negotiating certain services and fees to be charged. Council Options: a. Approve the attached resolution as presented. b. Approve a revised resolution per discussion Staff Recommendation: Staff recommends council approve the attached resolution. Potential Motions: Council moves to accept the original resolution in final form as prepared by staff. Council moves to revise the attached resolution as discussed. Attachments: Resolution Repealing Resolution 2005-37 Resolution 2005-37 2 ~-~ ~~ ~ RESOLUTION NO. 2005- A RESOLUTION ESTABLISHING CABLE TELEVISION AND INTERNET RATES FOR THE ASHLAND FIBER NETWORK, READOPTING ALL OTHER RATES WITHOUT CHANGE & REPEALING RESOLUTION NO 2005-37 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The Attached rate schedule is adopted as the rates and fees for AFN Internet and AFN Cable Television provided by the City of Ashland Information Technology department, Ashland Fiber Network Division. These rates are effective with the Cycle 2 Billing on or after February 1st of 2006. SECTION 2. Installation charges, equipment rental, bulk rates, and other charges may be set administratively. To the extent practicable, such fees shall be set to reGover, over a fiscally prudent period, the incremental cost of providing such service by taking into account all costs actually incurred. SECTION 3. Nothing in Section 1 or Section 2 shall preclude AFN staff temporarily reducing or waiving rates or charges in conjunction with promotional campaigns, 2) establishing different and nondiscriminatory rates and charges for commercial customers, as allowed by federal law and regulations, or 3) establishing different and nondiscriminatory rates and charges for AFN high speed data and wholesale high speed data commercial customers, as allowed by federal law and regulations. SECTION 4. Resolution 2005-37 is repealed. SECTION 5. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code 92.04.090 duly PASSED and ADOPTED this _ day of , 2005. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of ,20m>. John W. Morrison, Mayor Reviewed as to form: Michael W. Franell, City Attorney Resolution NO. 2005 Rate Schedule (Effective on Cycle 2 Billing. February, 2006) AFN Television Rates Base Fee Franchise Fee Peg Increment Total Tier Rates Per Month Community (Tier I) 8.74 0.46 0.75 9.20 9.95 Basic (Tier II) 7.61 0.40 8.01 17.96 -Increment added to Tier I Expanded (Tier III) - No Box 19.37 1.02 38.35 Expanded (Tier III) 22.79 1.20 23.99 41.95 - Increment added to Tier I & II. Digital Plus (Tier IV) 9.50 0.50 10..00 51.95 - Increment added to Tier I, II & III. .. No set top box $3.60 credit from Tier III Rate Premium Rates Per Month Starz/Encore 10.01 0.53 10.54 HBO 13.80 0.73 14.53 Showtime 13.80 0.73 14.53 Plavbov 12.95 0.68 13.63 Pay Per View Per Event Price Varies From $0 to $250 Charge/Additional Customer Premise AFN Residential Internet Rates Base Fee Franchise Fee Equipment CCPE) Total Residential Internet (wholesale rate to certified ISP) Monthly Rates (Includes 1 CPE) 26.45 N/A 5.00 Each 26.45 Residential Internet Direct Connect (no ISP) .. Monthly Rates (Includes 1 CPE) 32.90 N/A 5.00 Each 32.90 .. For existing customers only. New customers must choose a certified ISP. Charge/Additional Customer Premise AFN Advanced Residential Internet Rates Base Fee Franchise Fee Equipment CCPE) Total Residential Internet with Fixed IP OR 1mb Upload Speed (wholesale rate to certified ISP) Monthly Rates (Includes 1 CPE) 51.03 N/A 5.00 Each 51.03 Residential Internet with Fixed IP and 1 mb Upload Same Price and Provisions of Business Internet - Speed (wholesale rate to certified ISP) 1 Fixed Address AFN Business Internet Rates Base Fee Franchise Fee Fixed Address Total Business Internet (wholesale rate to certified ISP) Monthly Rates 76.32 N/A 1 76.32 81.58 2 81.58 86.84 3 86.84 92.10 4 92.10 97.36 5 97.36 102.62 6 102.62 107.88 7 107.88 113.14 8 113.14 AFN High Speed Pricing Bundled High Speed Internet Services .5 mbit access 400.00 per month 1 mbit access 500.00 per month 1.5 mbit access 600.00 per m<llth 2 mbit access 700.00 per month Installation Fee 1,000.00 One time charge These services assume that the customer will not use all of the available bandwidth, they will be upgraded to the unbundled services. The local loop connection is 100mbit. These prices replace the existing service prices. These are designed to allow a business to use a high speed service at a VEiry low rate, but assume that sustained bandwidth to the internet is not needed. For these services the maximum number of IP addresses that will be abilable per service are 32, and they will be given out in blocks of 16. If a customer needs sustained bandwidth, or other types of services such as a local loop to connect two locations together then the following rate schedule will be used. Unbundled High Speed Access Price per mbit for Internet Access 615.00 per month Local Loop Fee 390.00 per month Installation Fee 1,000.00 One time charge All Services are 100 mbit local loop. Example: 2 mbit service = 390 + (2*615) 1,620.00 per month 1,000.00 Installation Example: 1.5 mbit service .390+(1.5*615) 1,312.50 per month T1 Equivalent Service 1,000.00 Installation For Services 3 mbit and above, no local loop fees will be charged For these services any number of IP addresses can be requested, but they must be justified via the American Registry for Internet Numbers (ARIN) regulations. RESOLUTION NO. 2005-0 L A RESOLUTION ESTABLISHING CABLE TELEVISION AND INTERNET RATES FOR THE ASHLAND FIBER NETWORK, READOPTING ALL OTHER RATES WITHOUT CHANGE & REPEALING RESOLUTION NO 2004-40 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The Attached rate schedule is adopted as the rates and fees fOI" AFN Internet and AFN Cable Television provided by the City of Ashland Information Technology department, Ashland Fiber Network Division. These rates are effective with the Cycle 9 Billing on or after February 151 of 2006. SECTION 2. Installation charges, equipment rental, bulk rates, and other charges may be set administratively. To the extent practicable, such fees shall be set to recover, over a fiscally prudent period, the incremental cost of providing such service by taking into account all costs actually incurred. SECTION 3. Nothing in Section 1 or Section 2 shall preclude AFN staff temporarily reducing or waiving rates or charges in conjunction with promotional campaigns, 2) establishing different and nondiscriminatory rates and charges for commercial customers, as allowed by federal law and regulations, or 3) establishing diffemnt and nondiscriminatory rates and charges for AFN high speed data and wholesale high speed data commercial customers, as allowed by federal law and regulations. SECTION 4. Resolution 2004-40 is repealed. SECTION 5. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with A~I Code 92.0 90 duly PASSED and ADOPTED this L day o~ ~, 2005. ~ Barbara Christensen, CHy Recorder ~~ SIGNED and APPROVED this ~ day of ,2005.. y~- ,---------------,._-- ---.---- Resolution NO. 2005 - ~l Rate Schedule (Effective on Cycle 9;Billing. February, 2006) AFN Television Rates Base Fee Franchise fee Peg Incremen Tier Rates Per Month Community (Tier I) 8.74 0.46 0.75 9.~! Basic (Tier II) 7.61 0.40 8.0 - Increment added to Tier I Expanded (Tier III) - No Box 19.37 1.02 Expanded (Tier III) 22.79 1.20 23.!1 -Increment added to Tier I & II. Dig~al Plus (Tier IV) 9.50 0.50 10.0 - Increment added to Tier I, II & III. *' No set too box $3.60 cred~ from Tier III Rate Premium Rates Per Month StarzlEncore 10.01 0.53 HBC 13.80 0.73 Showtime 13.80 0.73 Plavbov 12.95 0.73 Pay Per View Per Event Price Varies From $0 to $250 o t Total 9.95 17.96 38.35 41.95 51.95 10.54 14.53 14.53 13.63 o 9 - Charge/Additional Customer Premise AFN Residential Internet Rates Base Fee Franchise Fee Equipment (CPE) - Residential Internet (wholesale rate to certified ISP) Monthly Rates (Includes 1 CPE) 26.45 N/A 5.00 Each Residential Internet Direct Connect - (no ISP) .. Monthly Rates (Includes 1 CPE) 32.90 N/A 5.00 Each .. For existing customers only. New customers must choose a certified ISP. Total 26.45 32.90 Charge/Additional . Customer Premise AFN Advanced Residential Internet Rates Base Fee Franchise Fee Equipment (CPE) Total Residential Internet w~h Fixed IP OR 1mb Upload Speed (wholesale rate to certified ISP) Monthly Rates (Includes 1 CPE) 51.03 N/A 5.00 Each 51.03 Residentiallntemet with Fixed IP and 1 mb Upload Same Price and Provisions of Business Internet - Speed (wholesale rate to certified ISP) 1 Fixed Address ------_.~.- AFN Business Internet Rates Base Fee Franchise Fee Fixed Address Total Business Internet (wholesale rate to certified ISP) Monthly Rates 76.32 N/A 1 76.32 81.58 2 81.58 86.84 3 86.84 92.10 4 92.10 97.36 5 97.36 102.62 6 102.62 107.88 7 107.88 113.14 8 113.14 .5 mbit access 400.00 per month 1 mbit access 500.00 per month 1.5 mbit access 600.00 per month 2 mbR access 700.00 per month Installation Fee 1,000.00 One time charge These services assume that the customer will not use all of the available bandwidth, they will be upgraded to the unbundled selrvices. The local 100 connection is 100mbit. These prices replace the existing service prices. These are designed to allow a business to use a high speed service at a velY low rate, but assume that sustained bandwidth to the internet is not needed. For these services the maximum number of IP addresses that will be abUable per service are 32, and they will be given out in blocks of 16. If a customer needs sustained bandwidth, or other types of services such as a local loop to connect two locations together then the following rate schedule will be used. Unbundled Hlah SDeed Access Price per mbit for Internet Access 615.00 per month Local Loop Fee 390.00 per month Installation Fee 1,000.00 One time charge All Services are 100 mbit local loop. Example: 2 mbit service = 390 + (2*615) 1,620.00 per month 1,000.00 Installation Example: 1.5 mbit service. 390+(1.5*615) 1,312.50 per month T1 EQuivalent Service 1,000.00 Installation For Services 3 mbit and above, no local loop fees will be charged For these services any number of IP addresses can be requested, but they must be justified via the American Registry for Internet Numbers (ARIN) regulations. -----~.,.- ~ --.....- --,------. ------,--- .. RESOLUTION NO. 2005- A RESOLUTION ESTABLISHING CABLE TELEVISION AND INTERNET RATES FOR THE ASHLAND FIBER NETWORK, READOPTING ALL OTHER RATES WITHOUT CHANGE & REPEALING RESOLUTION NO 2004-40 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The Attached rate schedule is adopted as the rates and fees for AFN Internet and AFN Cable Television provided by the City of Ashland Information Technology department, Ashland Fiber Network Division. These rates are effective with the Cycle 8 Billing in ,200_. SECTION 2. - -Installation charges, equipment rental, bulk rates, and other charges m,ay be set administratively. . To the- extent practicable, such fees shall be set to recover, over a fiscally prudent period, the incremental cost of providing such service by taking into account all costs actually incurred. SECTION 3. Nothing in Section 1 or Section 2 shall preclude AFN staff temporarily reducing or waiving rates or charges in conjunction with promotional campaigns, 2) establishing different and nondiscriminatory rates an charges for commercial customers, as allowed by federal law' and regulations, or 3) establishing different and nondiscriminatory rates and charges for AFN high speed data and wholesale high speed data commercial customers, as allowed by federal law and regulations. SECTION 4. Resolution 2004-40 is repealed. SECTION 5. This resolution takes effect upon signing by the Mayor. . This resolution was read by title only in accordance with Ashland Municipal CQd~.._.. . '~2.04.090 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: Michael W. Franell, City Attorney --. ~---------.- Resolution NO. 2005 Rate Schedule (Effective on Cycle 9 Billing · (15% increase)' . , 200-l AFN Television Rates Base Fee Franchise Fee Peg Increment Total Tier Rates Per Month Community (Tier I) 9.06 0.48 0.75 9.54 10.29 Basic (Tier II) 5.86 0.31 6,,17 16.46 - Increment added to Tier I Expanded (Tier III) 22.33 1.18 23,51 39.97 - Increment added to Tier I & II. Digital Plus (Tier IV) 13.24 0.70 13.94 53.91 . Increment added to Tier I, II & 111. Premium Rates Per Month StarzlEncore 11.52 0.61 12.13 HBO 15.87 0.84 16.71 Showtime 15.87 0.84 16.71 Pay Per vtew Per Event Price Varies From $0 to $250 ChargefAddltlonal Customer Premise AFN Residential Internet Rates Base Fee Franchise Fee Equipment (CPE) Total Residentiallntemet (wholesale rate to certified ISP) Monthly Rates (Includes 1 CPE) 26.45 N/A 5.00 Each 26.45 Residentiallntemet Direct Connect (no Ispf** Monthly Rates (Includes 1 CPE) 32.90 . N/A 5.00 Each 32.90 *. For existing customers only. New customers must choose a certified ISP. Charge/Additional Customer Premise AFN Advanced Residential Internet Rates BaH Fee Franchise Fee Equipment (CPE) Total Residentiallntemet with Fixed IP OR 1 mb Upload Speed (wholesale rate to certified ISP) Monthly Rates (Includes 1 CPE) 51.03 NlA 5.00 Each 51.03 Residentiallntemet with Fixed IP and 1 mb Upload Same Price and Provisions of Business Intemet. Speed (wholesale rate to certified ISP) 1 Fixed Address - .~ AFN Business Internet Rates Base Fee Franchise Fee Fixed Address Total Business Internet (wholesale rate to certified ISP) Monthly Rates 76.32 N1A 1 76.32 81.58 2 -81.58 86.84 3 86.84 92.10 4 92.10 97.36 5 97.36 102.62 6 102.62 107.88 7 107.88 113.14 8 113.14 .5 mbit access 400.00 per month 1 mblt access 500.00 per month 1.5 mblt access 600.00 per month 2 mblt access 700.00 per month Installation Fee 1,000.00 One time charge These services assume that the customer will not use all of the available bandwidth, they will be upgraded to the unbundled services. The local connection is l00mbit. These prices replace the existing service prices. These are designed to allow a business to use a high speed service at a very low rate, but assume that sustained bandwidth to the internet is not needed. For these services the maximum number of IP addresses that will be abilable per service are 32, and they will be given out in blocks of 16. If a customer needs sustained bandwidth, or other types of services such as a local loop to connect two locations together then the following rate schedule will be used. Unbundled Hiah Speed Access Price per mbit for Internet Access 615.00 per month Local Loop Fee 390.00 per month Installation Fee 1,000.00 One time charge All Services are 100 mbit iocallooD. Example: 2 mbit service = 390 + (2.615) 1,620.00 per month 1,000.00 Installation Example: 1.5 mbit service - 390+(1.5.615) 1,312.50 per month Tl Eauivalent Service 1,000.00 Installation For Services 3 mbit and above, no local loop fees will be charged For these services any number of IP addresses can be requested, but they must be justified via the American Registry for Internet Numbers (ARIN) regulations. -----,--- Resolution NO. 2005 Rate Schedule (Effective on Cycle 9 Billing. (25% increase) , 200-> AFN Television Rates Base Fee Franchise Fee Peg Increment Total Tier Rates Per Month Convnunity (Tier I) 9.84 0.52 0.75 10.36 11.11 Basic (Tier II) 6.37 0.34 6.71 17.82 . Increment added to Tier I Expanded (Tier III) 24.27 1.28 25,.55 43.37 - Increment added to Tier I & II. Digital Plus (Tier IV) 14.39 0.76 151.15 58.52 -Increment added to Tier I, II & III. Premium Rates Per Month StarzJEncore 11.52 0.66 12.18 HBO 17.25 0.91 18.16 Showtime 17.25 0.91 18.16 Pay Per View Per Event Price Varies From $0 to $250 Charge/Additional Customer Premise AFN Reslclentlallnternet Rates Base Fee Franchise Fee Eaulpment fCPE) Total Residential Intemet (wholesale rate to certified ISP) Monthly Rates (Includes 1 CPE) 26.45 NJA 5.00 Each 26.45 Residentiallntemet Direct Connect (no ISP) .. Monthly Rates (Includes 1 CPE) 32.90 NJA 5.00 Each 32.90 .. For existing customers only. New customers must choose a certified ISP. Charge/Additional Customer Premise AFN Advanced Residential Internet Rates Base Fee Franchlle Fee Equipment (CPE) Total Residentiallntemet with Fixed IP OR 1 mb Upload Speed (wholesale rate to certified ISP) Monthly Rates (Includes 1 CPE) 51.03 N/A 5.00 Each 51.03 Residential Internet with Fixed IP and 1 mb Upload Same Price and Provisions of Business Internet- Speed (wholesale rate to certified ISP) 1 Fixed Address AFN Business Internet Rates Base Fee Franchise Fee Fixed Address Total Business Internet (wholesale rate to certified ISP) Monthly Rates 76.32 N/A 1 76.32 81.58 2 - 81.58 86.84 3 86.84 92.10 4 92.10 97.36 5 97.36 102.62 6 102.62 107.88 7 107.88 113.14 8 113.14 .5 mbitaccess 400.00 permonth 1 mbit access 500.00 per month 1.5 mbit access 600.00 per month 2 mbit access 700.00 per month Installation Fee 1,000.00 One time charge These services assume that the customer will not use all of the available bandwidth, they will be upgraded to the unbundled services. The local 100 connection is 1oombit. These prices replace the existing service prices. These are designed to allow a business to use a high speed service at a very low rate, but assume that sustained bandwidth to the internet is not needed. For these services the maximum number of lP addresses that will be abilable per service are 32, and they will be given out in blocks of 16. If a customer needs sustained bandwidth, or other types of services such as a local loop to connect two locations together then the following rate schedule will be used. Access Price per mbit for Internet Access Local Loop Fee Installation Fee All Services are 100 mbit local I 615.00 per month 390.00 per month 1,000.00 One time charge Example: 2 mbit service = 390 + (2*615) 1,620.00 per month 1,000.00 Installation Example: 1.5 mbit service - 390+(1.5*615) 1.312.50 per month T1 E uivalent Service 1,000.00 Installation For Services 3 mbit and above, no local loop fees will be charged For these services any number of IP addresses can be requested. but they must be justified via the American Registry for Internet Numbers (ARIN) regulations. -'"-,-- \ ---J CITY OF ASHLAND Council Communication Meeting Date: December 6, 2005 Department: Administrative ~ices Contributing Departments: I J Approval: Gino Grimaldi ~ Resolution to Repeal Resolution 2005-40 Amending the Implementation of the Ashland Fiber Network Surcharge on Electric Accounts Primary Staff Contact: Lee Tunebel'g ~ E-mail: tuneberl@ashland.or.us Secondary Staff Contact: E-mail: Estimated Time: 30 Minutes Statement: A $7.50 per month per account surcharge established September 7,2005 by Resolution 2005-36 and was delayed for implementation by Resolution 2005-40 on October 16, 2005. This council action will repeal the surcharge or adjust the amount or its applicability to customers. Background: A surcharge was created to provide additional revenues for Ashland Fiber Network (AFN) to meet financial obligations expected to be approximately $738,000 more than could be generated through rates and fees for the year. In January an increase in CATV rates will also go into effect that is expected to generate close to $100,000 additional revenues by year end. The Adopted Budget for FY 2005-06 includes a direct subsidy to the Telecommunications Fund from the Electric Fund of $500,000 that has not been transferred as of this report. The established surcharge was intended to begin in October and was delayed in implementation to January, 2006 for several reasons. Delays in implementation of rates, fees and the surcharge can result in additional shortfalls. Customer reactions to increases by terminating service or being allowed to not pay will also cause further shortfalls. A prevalent reason for the delay was the difficulty in providing adequate relief from the charge to low income and near low income families. Existing programs could help many but there would be difficulty in helping those that do not fit within the Senior Citizen Discount program or the Low Income Energy Assistance program. Staff worked hard during October and November to identify customers that qualify under the existing relief programs but could not develop a reasonable method to extend relief to near low income families. Participants in the existing programs approximate 5% of the residential electlric accounts. Additionally, managing a set fee across all accounts would be labor intensive since the utility billing system tracks customers by accounts that represent meters. Assessing the surcharge by account or per billing will result in many citizens being charged twice since it is common for addre~sses to have second accounts for a separate meter on a garage or shed, even if the structure is nojt used for other tenants or businesses. There is no simple way to rectify this problem except through staff time and possible confusion and anger with the customer as "second or third" accounts are verified. Another compelling reason is the inability to provide AFN services to 10% of the customer base and the perceived inequity of taxing residential customers for a service they can not receive. If a customer r;., "--Y- protested by withholding payment then electric service would be disconnected after the unpaid balance had grown large enough to follow city policy and practices for collecting unpaid amounts. With the above in mind staff considered alternatives for FY 2005-06 to provide additional funds to meet AFN obligations. Below is a list of ways to adjust the surcharge to help meet the fiscal requirements for FY 2005-06 but it should be noted that a greater amount may be needed for subsequent years. Alternatives in setting the fee 1. Keeping the surcharge as intended with no exceptions will generate approximately $75,000 per month ($412,000 by June 30) and an estimated $900,000 in FY 2006-07. 2. Keeping the surcharge with an exemption to qualifying customers for existing programs will generate approximately $71,250 per month ($392,000 by June 30) and an estimated $855,000 in FY 2006-07. 3. Keeping the surcharge with an exemption to qualifying customers for existing programs and those not able to get AFN will generate approximately $63,750 per month ($351,000 by June 30) and an estimated $765,000 in FY 2006-07. 4. Change the surcharge methodology to make it easier to implement and managE~. Item #4 could involve changing from $7.50 to a percentage (10%) of the electric bill with a cap adjusted by customer type such as $3 for a residential customer and a higher cap fc:>r commercial, municipal and residential customers. Exemptions to senior and low income families could be allowed. The impact is a reduced charge to all other residential customers even if they choose to not take, or can not get, AFN services with a larger amount paid by non-residential accounts. Since first considering the surcharge staff and others have looked at alternatives to the surcharge itself for this fiscal year. A longer term solution is needed to meet budgetary requirements. With the closing of the books for the year ended June 30, 2005, there may be some other methods worthy of consideration. Below is a list of other ways to meet the fiscal requirements besides using the surcharge on electric accounts: a. Transferring portions of other ending fund balances above the target amounts through a supplemental budget process. Potential of up to $1,500,000. This should be considered a one-time option and applicable only for FY 2005-06. Staff would propose that General Fund monies not be used thus leaving funds in Electric and Wastewater funds equaling $1,000,000 in total. Staff would also recommend the transfers come first from the Electric Fund and only the amounts needed to meet AFN cash needs would be transferred. Using these funds will eventually result in subsequent rate or fee increases in the donating funds. b. Diverting the existing BPA surcharge from the Electric Fund to the Telecommunications Fund. Potential of $550,000 through June 30, 2006. Staff has indicated the need for this surcharge is diminishing. This revenue source is expected to generate approximately $1.:~ million in FY 2005-06 and $1.1 million the following years due to the reduction approved in September. Diverting this revenue source, in part or total, to AFN would not result in an increase in utility bills since it has been in place many years. However, it still carries the perspective of those not able to receive AFN services paying a tax. c. Severely reduce or eliminate the Internal Service Fund charge to the Telecommunications Fund. Potential of $466,000. The internal service costs are shared among end user funds. AFN is a smaller fund and pays less than others. Other agencies use an "incremental" r., "1 --~-- ~ approach to internal charges attempting to only recover the additional costs attributable to the newest service. This could be the basis for justifying a much smaller charge to AFN resulting in a reduced amount of costs to be covered by rates. All things being equal, this would result in other funds paying more for internal services or a potential shortfall in the Central Service Fund and possible cutbacks in services city-wide. d. Cutting specific programs or projects from other departmental budgets to transfer funds to AFN through a supplemental budget process. Amount to be determined. The cimount to be generated through savings is limited by the cuts employed in preparing this year's budget and increased costs for construction, fuel and departmental studies in process. The! fiscal impact varies depending on what is cut and could only be determined by the managing department. For example: · In the General Fund, Community Development Department, there are two positions budgeted contingent on the reviews currently in process. A half-year budget savings on those positions equals $60,000 in FY 2005-06 since we are near the mid-year mark and more if the positions are not filled. An "across-the-boards" 5% cut on the General Fund's $8.0 million Personal Services represents $400,000. · An "across-the-boards" cut on Materials & Services approach could be E!mployed in any given fiscal year. The General Fund has a Materials & Services budget of over $4 million. A 5% cut on spending, if possible, is a $200,000 savings. This includes over Economic & Cultural and Social Service grants that have been allocated and have restrictions on them. · The Capital Improvement Fund includes $75,000 for Council Chamber Improvements funded by facility use fees that could be deferred. · A "cap on revenue growth" approach could be employed in any given fiscal year. Certain revenues are dedicated monies, as are their related expenditures, and could not be subject to this restriction but unrestricted revenues like charges f()r services and general revenues like most interest earnings could be limited and their amounts above a cap allocated elsewhere. This would need further study. e. Selling idle properties that are considered surplus and using the money for AFN debt service. Amount to be determined. This is limited by the value of the properties the City is willing to sell. f. Property taxes are not available in FY 2005-06 but could be used in subsequenlt years. Currently, the City leaves nearly $0.57 in taxing authority un-levied each year. Property taxes could be used to pay the debt service on the full faith and credit bonds or to fund AFN operations, generating over $900,000 per year. Doing so will remove the "reserve" of monies between the existing tax levies and the maximum authority. The budgeted subsidy transfer from Electric Fund to the Telecommunications Fund is not enough to cover the costs for the fiscal year unless revenues are stable and significant cuts in expenses are achieved. This is not likelv. The first four months of FY 2005-06 have seen operating revenues just cover operating expenses excluding debt service. However, CATV customer counts are flat and will probably decrease by next Spring resulting in additional shortfalls. The next interest payment on the bonds for AFN is $432,000 and due in January, 2006. Capital improvements, infrastructure maintenance and repair costs have the potential of reducing cash balances while offsetting any possible savings in unused appropriations. Cash flows must be developed by June 30, 2006, to meet obligations. An interest payment of $432,000 is scheduled for July 2006 and again in January 2007. 'A' - 1 ~..._~ -------,----. In order to balance the bUdget for the Telecommunications Fund for FY 2006-07, Items. a - f will need to be considered during the process regardless of the options chosen for AFN. Tables showing fund balances available for transfer and comparing options are attached. Related City Policies: Ashland Municipal Code 14.02.015 Low Income Energy Assistance Program Administrative Policy Council Options: Leave surcharge as adopted. (Take no action on the attached resolution.) Change the methodology or applicability of the surcharge. (Approve or amend the attached resolution.) Repeal the resolution and direct staff on the action desired based upon Council discussion. Staff Recommendation: Repeal Resolution 2005-40 and approve any combination of the above alternatives to provide adequate resources for the Telecommunications Fund to meet obligations in FY 2005-06 such as: · Transfer the adopted subsidy of $500,000 · Prepare a supplemental budget authorizing transfer of surplus fund balances as needed up to $1,000,000 Potential Motions: Council accepts staff recommendation and moves to approve the resolution as presented. Council revises staff recommendation and moves to approve the resolution as amended. Council takes no action at this time but directs staff to bring back more information or a revised resolution at the next meeting. Attachments: Fund balance comparison Resolution to Repeal 2005-40 Resolution 2005-40 Resolution 2005-36 r;., - T - ---.-. ----.-----..----------,.- FY 2004-05 FY 2005-06 Favorable Target & Favorable Actual Ending Projected Beg. (Unfavorable) Reserved Variance Fund * Fund Balance Fund Balance Variance Fund Balance Available - General $ 2,093,388 $ 1,329,184 $ 764,204 $ 1,573,203 $ 520,185 Street 1,186,028 466,334 719,694 1,186,028 Airport 122,942 256,772 (133,830) 122,942 Capital Improvement 924,554 679,481 245,073 924,554 Debt Service 423,842 610,940 (187,098) 423,842 Water 6,458,230 6,657,492 (199,262) 4,210,695 Wastewater 5,664,182 4,856,636 807,546 5,082,513 581,669 Electric 2,527,430 2,065,808 461,622 1,545,000 461,622 Telecommunication 898,750 963,017 (64,267) 898,750 Central Services 185,137 274,946 (89,809) 176,000 Insurance Services 1,036,331 949,499 86,832 1,036,331 Equipment 1,489,055 1,435,976 53,079 1,489,055 Cemetery Trust 702,629 691,976 10,653 702,629 $ 23,712,498 $ 21,238,061 $ 2,474,437 $ 19,371,542 $ 1,563,476 - Favorable Variance Available for Supplemental Budget: $ 1,563,476 * Excludes CDBG & Parks funds -,-- RESOLUTION NO. 05- A RESOLUTION TO REPEAL RESOLUTION 2005-40 AMENDING THE IMPLEMENTATION OF THE ASHLAND FIBER NETWORK SURCHARGE ON ELECTRIC ACCOUNTS Recitals: A. The City of Ashland operates Ashland Electric Utility to provide electricity to customers within the City limits of Ashland. B. The City of Ashland also operates Ashland Fiber Network (AFN) which uses a fiber optic backbone to provide cable television and internet services to customers within the City of Ashland. C. The Ashland Electric Utility utilizes the AFN fiber optic backbone to transmit data important to the operation of the electric utility and therefore finds it appropriate to subsidize the operation of AFN. D. The City established a $7.50 surcharge on all electric accounts effective with Cycle 2 billings prepared on or after October 7, 2005, through Resolution 2005-36. ~ E. The City finds it beneficial to repeal Resolution 2005-40. THE CITY OF ASHLAND RESOLVES AS FOllOWS: SECTION 1. Resolution 2005-40 is repealed. SECTION 2. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code 92.04.090 duly PASSED and ADOPTED this _ day of December, 2005. Barbara Christensen, City Recorder <1 SIGNED and APPROVED this _ day of ,2005. John W. Morrison, Mayor Reviewed as to form: Michael W. Franell, City Attorney 1- Resolution - Repeal 2005-40, AFN Surcharge.docG:\legal\PAUL\FORMS\resolution form.wpd ------,- RESOLUTION NO. 05- 40 A RESOLUTION TO REPEAL RESOLUTION 2005-36 AMENDING THE IMPLEMENTATION DATE FOR THE ASHLAND FIBER NETWORK SURCHARGE ON ELECTRIC ACCOUNTS Recitals: . A. The City of Ashland operates Ashland Electric Utility to provide electricity to customers within the City limits of Ashland. B. The City of Ashland also operates Ashland Fiber Network (AFN) which uses a fiber optic backbone to provide cable television and internet services to customers within the City of Ashland. C. The Ashland Electric Utility utilizes the AFN fiber optic backbone to transmit data important to the operation of the electric utility and therefore finds it appropriate to subsidize the operation of AFN. D. The City established a $7.50 surcharge on all electric accounts effective with Cycle 2 billings prepared on or after October 7, 2005, through Resolution 2005-36. E. The City finds it beneficial to repeal Resolution 2005-36 and defer the implementation of the AFN surcharge on electric utility customer accounts allowing staff time to propose changes to the calculation and relief to low income customers. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland adopts a $7.50 surcharge on electric account billings to provide a sUbsidy to Ashland Fiber Network, said surcharge to begin with Cycle 2 billings prepared on or after January 10, 2006. SECTION 2. The electric utility accounts that have been billed under Resolution 2005-36 are to be credited for the AFN Surcharge resulting in no payment of the surcharge being required per that resolution. SECTION 3. The surcharge revenue is not subject to the Electric Utility Tax or included in the franchise fee calculation for General Fund Revenues. SECTION 4. Resolution 2005-36 is repealed. 1- Resolution - Repeal 2005-36 Delaying AFN Surcharge ImplementationG:\legaI\PAUL\FORMS\resoluUon fonn.wpd - T - T - ----.- SECTION 5. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code 92.04.090 duly PASSED and ADOPTED this 18th day of October, 2005. A;~~ Barbara Christensen, City Recorder SIGNED and APPROVED this / t day of () th'6...r- ,2005. Reviewed as to form: VVvl.-vv. ~. Mike Reeder, Assistant City Attorney 2- Resolution - Repeal 2005-36 Delaying AFN Surcharge ImplementationG:\IegaI\PAUL\FOFtMS\resolutlon fonn.wpd -r . T -----------,.-. RESOLUTION NO. .. ZfX)S - olD A RESOLUTION ADDING A SURCHARGE TO ELECTRIC UTILITY ACCOUNTS FOR THE PURPOSE OF SUBSIDIZING ASHLAND FIBER NETWORK Recitals: A. The City of Ashland operates Ashland Electric Utility to provide electricity to customers within the City limits of Ashland. B. The City of Ashland also operates Ashland Fiber Network (AFN) which uses a fiber optic backbone to provide cable television and internet services to customers within the City of Ashland. C. The Ashland Electric Utility utilizes the AFN fiber optic backbone to transmit data important to the operation of the electric utility and therefore finds it beneficial to subsidize the operation of AFN. D. The City finds it beneficial to establish a surcharge on electric utility cusitomer accounts for the purpose of subsidizing AFN. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland adopts a $7.50 surcharge on electric account billings to provide a subsidy to Ashland Fiber Network, said surcharge to begin with Cycle 2 billings prepared on or after October 7,2005. SECTION 2. The surcharge revenue is not subject to the Electric Utility Ta:1( or included in the franchise fee calculation for General Fund Revenues. SECTION 3. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code ~2.04 0 duly PASS D and ADOPTED this th day of September, 2005. .~ arbara Christensen, City Recorder SIGNED and APPROVED this 9 day Of~005. - / ~ , Mayor 1- Resolution - AFN Surcharge on Electric Accounts 2005-9-7G:\legal\PAUL\FORMS\resolution form.wpd " T -.--- -- --.---- -. ---~. CITY Of ASHLAND Council Communication Request for Council to accept the Downtown Selection Committee's recommendation to award preparation of the Downtown Plan - Phase 1 - to the consulting firm of Crandall Arambula PC Meeting Date: December 6, 2005 Department: Community Dev~ent Contributing Departments: None Approval: Gino Grimaldi ~ Primary Staff Contact: Bill Molnar, 552..2042 bill@ashland.or.us.~ Secondary Staff Contact: None ~ Estimated Time: 20 minutes Statement: The revision of the Downtown Plan has been identified in the 2005-2006 Council Goals. The planning process for the Downtown Plan has been structured to take place in two steps. The initial effort, Phase 1, involves defining the process and creating a work program for the production of a revised Downtown Plan. The work program will identify the public process used to develop the Plan, as well as propose a variety of planning altematives with a cost estimate for eal::h altemative. Phase 2, identified in the Request for Qualifications (RFQ), will culminate in contracting with the successtul consultant chosen for Phase 1 to perform the task of implementing the work program and selected altemative, ultimately producing a document to be used as the City's Downtown Plan. A more formal and detailed scope of work and contract for Phase 2 will be negotiated with the successful consultant chosen for Phase 1. At that time, if it wishes, the City still reserves the right to solicit other consultants to implement Phase 2 Background: In June 2005, a Request for Qualifications (RFQ) was developed by the Community Development Department to solicit downtown planning services from qualified consulting firms. Four firms submitted proposals to the Community Development Department by the August 29, 2005 deadline. A Downtown Selection Committee comprised of eight members, including Elected Officials, Planning Commissioners and Staff, was convened to review the four proposals and conduct interviews. The Downtown Selection Committee - Phase 1 - consisted of the following individuals: John Morrison, Mayor David Chapman - City Councilor Jack Hardesty - City Councilor John Stromberg, Planning Commissioner Michael Dawkins, Planning CommissionE!r John Fields, Planning Commissioner Gino Grimaldi, City Administrator Bill Molnar, Interim Community Development Dir. On October 13, 2005, each of the four consultant teams was given 90-minutes to make a presentation before the Selection Committee. After the interviews, the Selection Committee narrowed the field to include two potential candidates. On October, 27, 2005 a follow-up conference call was conducted with the two remaining firms. After additional follow-up meetings by the Selection Committee, including a review and discussion of references, the Downtown Selection Committee unanimously recommended the firm of Crandall Arambula PC to head up Phase 1 of Ashland's revision of the Downtown Plan. '.1' --- ----y- Related City Policies: None Fiscal Impact: Approximately $15,000 is available in the 2005-2006 Annual Budget for planning services related to the Downtown Plan- Phase 1. A work plan has been provided by Crandall Arambula that identifies a total cost of $15,000 for Phase 1. In addition, Crandall Arambula has also included a range of costs associated with the preparation of downtown planning documents for six other communities from 2004 to 2006. This information shows that the cost for plan preparation, which can include a variety of deliverables, ranged from approximately $175,000 to $400,000. Currently, no funding has been identified for Phase 2 of the Downtown planning process which involves implementing the work program and producing a document to be used as the City's Downtown Plan. Options for providing funds toward the completion of Phase 2 will need to be discussed as the City moves toward the 2006-2007 budget process. Council Options: The Council can accept the recommendation of the Downtown Selection Committee and select Crandall Arambula PC to provide planning services toward implementation of Phase I of the Downtown Plan. Otherwise, the Counc:il would need to provide direction to the Selection Committee for determining an appropriate alternate consulting firm. Staff Recommendation: Staff recommends that the Council accept the recommendation of the Downtown Selection Committee. Potential Motions: Move to have the City of Ashland contract with Crandall Arambula PC for planning services involving the preparation of Ashland's Downtown Plan - Phase 1. Attachments: . Downtown Planning Services - Crandall Arambula PC (reference materials in response to the City of Ashland Request for Qualifications for Downtown Planning Services) . Ashland Conference Call: Reference Materials - Crandall Arambula, October 27, 2005 ~6' T Ashland Conference Call: Crandall Arambula - Reference Materials October 27, 2005 ---- ~--, ---... -_..~.- .----- ----.- 1. Work Plan for the RFQ Phase Question 1: What is yo"r lIIork plan for (ondllding the RFQ Phase? Crandall Arambula Total , Managing Principal Senior Planner Hours Costs Prineioal Planner $145 $125 $65 $55 Task 1 - Preparation for Workshop 1.1 - Prepare for Workshop 2 2 0 4 8 $760 1.2 - Prepare Workshop Presentation 8 0 8 0 16 $1,680 Task 1 - Total 10 2 8 4 20 $2,440 ~ 2.1 - ~. 8 8 8 0 24 $2,680 *',0;,,.. 2.2 - Summarize Issues Identified in Workshop 1 1 4 0 6 $530 2.3 - Prepare Draft of Proposed Downtown Plannin~ Process : 12 1 16 I[) 33 $2,905 Task 2 - Total 21 10 28 I[) 63 $6,115 TASK 3 - Finalize Downtown P . Process , 3.1 -.UPdate Process & Bu~t to Reflect Review Comments 4 ~ ) ~ . ,8.: 0 14 $1,350 3.2 - Finalize Process & Budget to Reflect Review Comments 1 '1! '. . ; ..41 ~ 0 6 $530 Task 3 -: Total 5 l '.; 12; 0 20 $1,880 .. . i ! TASK 4 - Present Process : , 4.1 - Prepare Plannin2 Process Presentation Materials 8 0 8 0 16 $1,680 4.2 - Present Process to City Council 8 8 0 0 16 $2,160 Task 4 - Total 16 8 8 0 32 $3,840 Total 52 23 56 4 135 $14,275 Travel and Per Diem (5 tickets @ $300) (5 days per diem @ $1,675 S35/dav) Other - Rf:ntal Car (2 days @ $60/ day) $120 Reproduction Expenses (~3% of labor) $428 Computer Expense $0 Communications, $100 Subtotal $2,323 TOTAL $16,598 CA Discount $1,598 TOTAL NOT TO EXCEED $15,000 II CRANDAll ARAMBULA PC -----. 1. WQrk Plan for the RFQ Phase (Continued) >. Typical Workshop "Brainstorming" Session II CRANDALL ARAMBULA PC I . . 2. Planning Process and Range of Costs Question 2: What range of tosts do .1011 projed for the planning process itse!f, for what deliver abies and based tJn what assllmptions? And, can .1011 identify any olltside sOllrces of fUnding to help P'!Y for the costs of the planning process? $400,000 #''' $200,000 I I I Oak Park, ILLJ2oo5 #'#' .## ##. , acine, WI12005 . # I I#'#' . Knoxville, TN - 2004 I ##' Lincoln, m- 2005 . # I #' I ~ #' !vOCO #' d #'#' ~fb' 4.~ .. ~#'~I ##' I I I $300,000 Base Fee I Santa Fe, NM - ~5/2006 $100,000 #. . ',' #' Whitefis , MT- 2005 , I I I I I I I I I I I I I I I I I $0 o 0.5 1.0 1.5 Study Area (Square Miles) II CRANDAll ARAMBULA.PC - -,' 2. Planning Process and Range of Costs (Continued) Question 2 (Continued): Dellverables included in base fee: 1. Final Report and Implementation Strategy (copy ready) Typical Budget $7,000 $30,000 $15,000 $20,000 Other products not included in base fee: 1. Mailer/Poster 2. Design Guidelines 3. Design Standards 4. Public Area Requirements Funding Sources - Recent Crandall Arambula Projects: Knoxville, TN Private: Foundation 100% Racine, WI Public: Staff participation only Private: Downtown Racine Corporation Oak p~.i'k., ~L' .' Public: R~gional Transit Agency Village of Oak Park . Whitefish, MT Public: City of Whitefish Private: Downtown Stakeholders Santa Fe, NM Public: City of Santa Fe Lincoln, NE Public: City of Lincoln Private: Downtown Lincoln Association 100% 40% 60% 90% 10% 100% 70% 30% II CRANDAll ARAMBULA PC ---, 2. Planning Process and ~ange of Costs (Continued) Typical Products II CRANDAll ARAMBULA PC ---- -,- 3. Plan Elements/Critical Issues Ql,1estion 3: If you had to propose an adIIal plan todtg for the Downtown based simplY on what you know of Ashland at this point - what would it be and what would be the crincal issues it would address? What It Would Be: . Framework for growth, protection and improvement of downtown livability based upon community-.created vision for the downtown. · Clear, objective and easy-to-use. . Visionary and bold yet based on realistic and common-sense economic and physical requirements. · Action-oriented with a well-defined implementation program. · A plan supported and adopted by the community. Critical Issues to Address: 1. Downtown Retail Strategy · Demand, Retail Mix and Location - Local and Visitor · Fundamental Retail Requirements · Main Street/Uthia Way Function · "Shopper-friendly" Parking 2. Character and Compatibility · Historic Preservation · Building Scale and Expression 3. Future Growth · Location · Quantity · Consequences 4. Housing · Affordable · Market Rate · Amenities 5. Transit · Local Circulator · Transit Center 6. Public Realm · Plaza and Civic Assembly Space · New Green Spaces · Streetscape and Off-Street Pedestrian/Bicycle Improvements 7. Neighborhood/District Integration and Transitions · Transition Uses · Pedestrian/Bicycle Connections · Massing, Height, View Corridor Requirements 8. Visitor · Shakespeare Festival "Master Plan" · Lodging · Parking 9. Implementation . Policy, Regulatory and Design Guideline Plan Updates · Design Review Streamlining . Public Project Cost, Anticipated Private Investment and Financing Strategies II CRANDALL ARAMBULA PC ---.-- 3. Plan Elements/Crlti~allssues (Continued) STAR .........27.2OllO Vision for downtown wins City Council's OK A'" tllll'doMlIill'Ml UtleGlrI...... owttlt IIiIIlt 20 ~ WII.....llfttlt UtleGlrI~COUIloI 0Il~ 1Ila DfMr*MI MMW'" ............~......... 01 'llMtN dr(a- oouId look.. ....,. AIniDIlIttIt-- . A pIilIIIo lIQUII't ...IIIImlw...... 3.... tItiI. . Nt......ClUllIn ......OItNIIfIIIL . ..... P....1IlI...tIlIMl)'...... . ExlilladkC1Ile ..........1lIIIldIlta-..... ____ dlRIIlt...... fII 0___01 HlnUI.... .1III0aIilnlDMl............._ lIMIa/lment-lIllIl. ......-Iar..NlIlWO-. "We Mill a Ie "be .1IIll\ICI 01: ClNndlwon........... MrAIy... -w. _ ....cIurlIRlawn. .... ---.."..... Typical Public Workshop: Plan adoption follows a thorough public process. ~_.__..._._._--------_..__..__.__.__.__._-_..__._---_.---.----..--.-.---.-........-.......-..----.--.-.........--.-------------.-.-...----. _ CRANDAll ARAMBULA PC . --- -----, . . . . . . . . . . . t ~ t . . t . . . . . . . . . . . . . ~ . revitalizing america's cities Crandall Aratnbula PC 520 SW Yamhill Roof Suite 4 Portland, OR 97204 -, t I) , . . . , . . . . . t . . . t . . t t . . t . . . . . . . Contents 1. Letter of Introduction :2 2. Project Team Information 4 3. General APproach/project Understanding 16 4. Consultant Team Resumes 20 5. References 27 6. General Rate Schedule 28 7. Proposer's Written statement 29 8. other Information 30 ~ T- CRANDALL ARAMBULA REvITAUZING AMERlCA'5 OTIES July 26, 2005 John McLaughlin Director of Community Development Gty of Ashland 51 Wmburn Way Ashland, OR 97520 Subject: Downtown Planning Services - Gty of Ashland Dear Mr. McLaughlin and members of the selection committee: Downtown Ashland is at a tipping point. The continued quality of its scale and character is facing uncertain times. Inappropriate development of buildings at key sites could swing the pendulum toward growth that is "out of scale" and detracts from the community's renowned charm and cultural features. The downtown planning process -will protect and enhance the Gty's existing character and improve the qualityof life for local residents, employees and tourists alike. The plan -will help the Gtyprepare for continued growth in concert with the community's vision. It is essential that the Gty hire a team of consultants that understands these issues and is skilled in downtown revitalization with an eye toward preservation and scale. The G-andall Arambula team has the experience and technical expertise to accomplish the Gty's and the community's goals and lead an inclusive and thorough public involvement process that builds widespread public and stakeholder support. Our team -will assist the Gty with the development of a plan that includes specific land use and circulation frameworks for housing, office, retail, pedestrian and bicycle facilities, roadway and parking facilities, open space, and cultural uses. We have assembled a team of qualified professionals for this project. G-andall Arambula, PC-will serve as the prime consultant, providing project management, physical plan design and public involvement services. Urban Advisors, Ltd. -will prepare an economic market analysis and technical review of alternatives. DKS Associates -will provide traffic engineering and transportation planning services. Once a downtown plan has been developed, G-andall Arambula -will work with the Gty to identify the .. next steps" required to create policies for development standards, incorporate public art, and promote and market the plan and the downtown. Our firm's approach distinguishes us from other nationally-recognized firms. Keyelements of our success include: . A Focus on Revitalization. Most urban design firms do not specialize in downtown planning - G-andaU Arambula does. Our firm focuses its efforts on design and implementation strategies that result in built projects. Our letterhead reads "Revitalizing America's Gties" because this is our firm's sole emphasis. \Xe help create economically vibrant, pedestrian- friendly city centers across the country. G-andall Arambula was recently awarded a Downtown Master Planning project for the Gtyof Santa Fe, New Mexico. Ashland and Santa Fe are facing similar challenges - accommodating tourism and growth that is in keeping with the town's cultural and historic amenities v.hile, at the same time, meeting the needs of the local community. Scale and preservation are important to both cities. . Innovative Design Solutions. Our firm has received numerous awards, including a 200 1 National Honor Award for Regional and Urban Design from the American Institute of Architects (AlA) for our Racine, WI, downtown revitalization project. \Xe received an additional National Honor Award from the AlA in 2003 for our Interstate Revitalization Strategy in Portland, OR We are proud to have received this highly-acclaimed award twice in the past four years. These awards recognized our firm's ability to create innovative design solutions, facilitate effective public involvement programs, and develop implementation strategies that get results. CRANDALL ARAMBUlJI PC . 520 SW YAMHILL . ROOF SUITE 4 . PORTlJIND, OREGON 97204 . TELEPHONE 503417.7879. FAX 5034177904 WWW.CA-UIY.COM --, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .- . . . . . . . . . . . . t t . . . . t ~ ~ . . . . . . . . July 26, 2005 John McLaughlin, Director of Community Development Gty of AsWand, OR . Continuous Principal Involvement. George Crandall and Don Arambula will lead and be involved in all key meetings throughout the process. Theywill meet, discuss, and v.ork with the Gty, commissions and councils, business community, Public Arts Committee, other stakeholders and the public.1his "principal involvement" will help stakeholders have a complete underst:mding of the project goals, process and next steps required to keep the project moving forward. . Emphasis on Preservation. Giltural and historic preservation is central to our revitalization mission. G-andall Arambula recently completed the Village of Oak Park, IL, Downtown Business District Master Plan. OakParkis nationally recognized for its authentic character. George G-andall VJ'aS responsible for the renovation of the Historic Multnomah County Library in Portland, OR and the development of a master plan for a new conference center an<;l guest house on the grounds of Wmgspread, the S.C Johnson home designed by FrankUoyd Wright in Racine, WI. Crandall Arambula is also a member of the Main Street Nationall Trust Organization. We are passionate about our v.ork and committed to helping our clients and the community design thriving areas that provide the appropriate housing, office, retail, transportation, parking and open space amenities to bring a better quality of life to area residents and visitors. We look forward to discussing this imporumt project with you in more detail. If you have any questions regarding our submittal, please do not hesitate to call. Sincere~ Crandall Arambula, PC George M Crandall, F AlA Principal Don Arambula, ASLA Principal - ~---r~ Downtown Plan Subcommittee, government agencies, commissions and councils . . . . . . . . . . . . . . . . . . . . . . . it :. 4 4 .~ 2. Project Team Information Public: residents, business and land owners, developers, special interest groups, including public arts and historic preservation Project Management/Urban Design/ Public Visioning George Crandall, FAIA, Project Director Don Arambula, ASLA, Project Urban Designer Jason Graf, Associate, Sr. Urban Designer Kristin Belz, Associate, Sr. Urban Designer Crandall Arambula, PC Market Analysis Traffic/Tra nsportatio n Ed Starkie, Principal Economist Urban Advisors, Ltd (ESB) Randy McCourt, PE Alan Snook DKS Associates II--CRANDA~~ A-RA~ULA PC- -r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t t Our firm's commitmmt to prmiding high-quality urban design serzUes is derrm1strated by the number of national and local awmls ue haw receiwd we are proud to haw receiwd t'UV National A mmcan Institute of Architects (A IA) A uurds during the past few years along '1Jith nurr12YOUS state and local auurds. A wards: Union Street Underpass, The Dalles, OR . 2004 Reconnection & Renaissance A uurd, Oregon D(T1D1tO'll11 Dewlopmmt Association Interstate MAX Revitalization Strategy, portland, OR . 2003 National Honor A uurd for Regional and Urban Design: AlA .2002 Professional Achiewmmt in Planning: APA A uurd, Oregon Chapter Milwaukie Downtown and Riverfront Plan, Milwaukie, OR . 2002 Srmll Corrununity Professional Achiewmmt in Planning: APA Auurd, Oregon Chapter Downtown Racine Development Plan, WI .2001 National Honor Auurdfor Regional and Urban Design: AlA . 2000 Special A chiewmmt A uurd: International D(T1D1tO'll11 Association . 2000 Urban Design A uurd: A SLA) Oregon Chapter .2000 Recognition for Srmrt Gruuth: Sierra dub Clatsop Community College Downtown Campus Plan, Astoria, OR .2002 Ahuuhnee Merit A uurd: AlA/Local Gowmmmt Commission! A PA, California Chapter .2001 Professional Achiewmmt in Planning: APA A uurd, Oregon Chapter . Firm Profiles: Crandall Arambula, Project Management/Urban Design/Public Involvement Qandall Arambula, established in 1998 in Portland, OR, is dedicated to creating livable communities. Directed by George Oandall, FAlA~lI1d Don Arambula. ASLA, Qandall Arambula leads local agencies through public involvement processes that result in community-supported downtown development plans and implementation strategies that result in built projects that serve as community assets. The firm's professional staff members are experienced as urban designers, planners, " architects and landscape architects serving a broad spectrum of public agencies, institutions, citizen groups, private developers and corporations. Managing growth is a challenge for every community and metropolitan area in America. George Oandall and Don Arambula have been responsible for award-winning urban and community design projects across the country. lne firm's urban design and planning practices have produced cities with a humarle scale, efficient transit and thriving core areas. Qandall Arambula develops design guidelines, design standards and public area requirements as a part of many of the firm's downtown revitalization efforts. These documents should be simple, straightforward. and reflect the community's values. ~ develop guidelines and codes that are concise, easy to use, and support revitalization efforts. George Oandall was involved in developing Portland's first design guidelines and, over the years, has helped update the guidelines to improve their effectiveness. Diversity in Employment and Contracting Oandall Arambula is an equal opportunity employer, practicing fair hiring procedures and seeking qualified minority and women employees. Our firm maintains a policy of equal employment without regard to race, creed, color, gender, age, marital statUS, religion, national origin, sensory, mental or physical handicap, veteran status and all other basis of discrimination prohibited by local, state and federallavv. Although ~ are not an MlW/ESB firm, ~ take pride in being an equal opportunity employer. Over fifty percent of Qandall Arambula's employees are v.omen. - .- --,- -'~ -----,.-- --- ---""-~ --- --- ----"11 CRANDALL ARAMBULA PC , DKS applies traffic cahning, pedestrian- friendly techniques on all planning and design projects. The finn's project experience ranges from initial planning analysis and feasibility studies, traffic operational analysis, and preparation of plans and specifications to development of construction traffic control and monitoring of final constrUction. This breadth of DKS transportation experience provides clients with a unique blend of planning, operations and design expertise. DKS Associates staff members have worked with multi-jurisdictional agencies, including city staff, traffic and planning commissions, city and county councils and other groups to develop sound tranSportation solutions. . . . . . . . . . . ;. . . . . . . , 4 4 4 2. Project Team Information (Cont.) OKS Associates, Traffic/Transportation Analysis DKS Associates is a consulting firm specializing in traffic engineering and transportation planning. Founded in 1979 in Oakland, California, DKS is one of the largest specialized transportation! traffic firms in the West with a staff of over 100 people. The DKS Portland office, consisting of 27 employees, serves public agency clients throughout Oregon and Washington, providing professional traffic engineering and transportation planning services. DKS Associates provides expert services in transportation engineering and planning analysis, intelligent tranSportation systems, travel demand forecasting and traffic engineering design. The finn's engineers have analyzed traffic operations on highways and streetS developing measures to improve safety, capacity, access and circulation. Projects have included capacity analysis to determine level of service, street and intersection analysis, travel demand forecasting, geometric analysis, signal coordination, HOV system planning, LRT station data planning, environmental assessments, environmental impact statements, alternative analysis, and site impact studies. DKS has analyzed and designed a wide range of traffic facilities, including intersections, highways, freeways, interchanges, roundaboutS and LRT grade crossings. Urban Advisors Ltd, Economic and Market Analysis Urban Advisors is a consulting firm specializing in the market and financial aspects of urban development. The primary focus of Urban Advisors is the use of market experience and financial expertise to help create the preconditions and program for urban redevelopment and smart growth projects. The finn uses market information to help form a financial context for working directly in the design process with planners and architects. The firm's strategy is to extract the meaningful information that will help to create change. Experienced in both economics and design, Urban Advisors is able to perceive the financial aspects as part of the design and guide projects toVlclfd pragmatic and effective approaches. 11__ -- -- ------ ---- -- --- ---- . CRANDALL ARAMBULA PC 1 . . .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relevant Project Experience: Crandall Arambula, Project Management/Urban Design/Public Involvement Downtown Racine Development Plan and Phase II Refinement Plan, WI vandall Arambula prepared a downtown plan that includes a developm.ent framev.ork, design plan, design guidelines and implementation strategyfor revitalizing Racine's historic downtown on Lake Michigan. The plan links the downtown to the waterfront and integrates retail, housing and employment uses with a bus transfer station and a commuter- rail station area development located at the site of Racine's historic train station. Strategic public sector projects are identified to foster private sector development, including public squares, plazas, esplanades and parks, street improvements, and building and tenant improvement programs. Public Participation/Stakeholder Involvement: The public involvement process included a number of public meetings, the largest with an attendance of 400. The public involvement process was structured to create public and investor confidence. A range of alternatives and a description of their consequences gave the commQUity a number of realistic choices. Other unique features in the planning process included: . Public ballots with quantifiable results. Ballot surnmaryresults were presented to the public to create trust . An insert in the Racine Journal Tunes that outlined the plan's purpose, conoepts, implementation strategy and schedule . A 16-page tabloid final report W4S distributed to the public and used to market prospective investors The Phase II Racine Refinement Plan builds on the success of the Phase I plan and positions the downtown for ongoing growth and development by: . Expanding the downtown study area to identify new opportunities for private investment . Identifying actions required to maintain downtown revitalization momentum . Providing refined design guidelines, codes and development standards to ensure quality development that supports the refined revitalization strategy Project Results: Racine had experienced no new downtown private investment in over 40 years. When the Phase I Plan was completed, the 19-member GtyCouncil vote for approval was unanimous. Since plan completion, over $200 million in new private investment has been constructed. A recent New York Tunes article on downtown Racine's revitalization efforts can be found on Oandall Arambula's website: http://www.ca-city.com/news/ articles -.rress.html. Since the Phase II Plan was completed in :March of 2005, construction of the civic square has started and projects with over 600 new housing units are being reviewed for compliance with the plan. A wards: 2001 NatWnal Honor A Wlrdfor Regional and Urban Design: AlA 2000 Special A dJieremmt A Wlrd: International Dmmtarm Association 2000 Urban Design AWlrd: ASIA ,Oregon Chapter 2000 Recognition for Smtrt Grouth: Sierra Oub CRANDALL ARAMBULA PC II -. Knoxville Downtown "Civic Vision" Development Plan, TN Oandall Arambula developed a downtown civic vision ;md urbm design plan for Knoxville, 1N that enables the city to serve as the economic md cultural heart of the East Tennessee, Nme Connty region. The plan establishes a framev.orkfor a revitalized retail "main street" md entertainment district, a civic plaza, md residential, office md mixed-use development. Oandall Arambula developed a framev.orkfor downtown circulation for pedestrians, bicycles, autos, transit md parking. The plm includes linkages to the University of Tennessee, the v.'.lterfront, md retains md preserves Knoxville's historical architectural character. G-andall Arambula developed m implementation plan that prescribes short- md long- tenn projects that will catalyze widespread reinvestment in the downtown. . . . . . . . . . . . . . . . . i. . . . '. . . . . . . . . . . . 2. Project Team Information (Cont.) . . ..~,ti Development Capacity Diagram ~-.:-......-- Client Quote: "Crandall Arambula did an excellent job of creating a downtown revitalization plan and civic vision for Knoxville, Tennessee, using a community-driven public involvement process. The final plan is visionary, comprehensive, and market based, and has gained widespread community support." Lynne Fugate, Nine Counties. One Vision. 8/28/03 Metro Pulse Quote: A local Knoxville newspaper stated: "Crandall Arambula, with public input at several forums, has produced a sweeping plan that encompasses every facet of development in every block of the downtown area. Locations for offices, residential, and retail growth are intertwined with plans for streetscapes, public transit and parking to support it- all within a framework of exemplary urban design standards." 1/23/04 11"'-,-'" -------~,-~~.,-----.- : CRANDALL ARAMBULA PC Public Participation/Stakeholder Involvement: v.mdall Arambula used its innovative ballot md polling process to gain public support for the downtown development plan. More thm 800 response sheets were returned from the public meetings. Responses were over 80 percent supportive for each refined concept. The downtown plan was also presented at the new Knoxville Museum Exhibit: Dtsi~ a New KmxWle: 1he Walk if CrarJa/1 A rarrbula from August 1, 2003 through September 21, 2003. IlSIGMHGAIIWKNlIX'4lE THE WORK Of . . . . . . . . . . . . . . . . t t . . . ~ . t . ~ . . , ~ . . Oak Park Central Business District Downtown Master Plan and Tax Increment Redevelopment Plan, IL Oandall Arambula developed a Central Business District Downtown Master Plan and Tax Increment Redevelopment Plan for the Village of Oak Park The plan guides future development, bringing economic vitality and quality of life improvements to the greater downtown area. Area businesses and residents will benefit from improved amenities such as access to open space and recreational facilities, improved land use and transportation systems, and defined shopping, dining and entertainment districts. The master plan, implementation strategy and development guidelines protect and enhance OakPark's historic character and will create developer confidence that will result in built projects. Project Results: The Final Plan and Design Guidelines v.ere adopted byGtyColll1cil on March 23,2005. Gty Colll1cil also approved the extension of the Tax Increment Financing Plan. Lincoln Downtown Master Plan, NE Oandall Arambula prepared a downtown master plan and implementation strategy for downtown Lincoln, Nebraska. The plan includes a "primary" downtown area that is incorporated into a largeI' "secondary" planning area. The plan supports the Gtys and the Downtown Lincoln Association's goals of being the "region's economic, civic, and cultural hub and the first choice for employment, education, entertainment and urban living." The downtown area is strategically located to serve the needs of the city and region. The plan connects with the University of Nebraska Lincoln (UNL) to the north, residential neighborhoods to the south, Antelope Valley to the east and industrial uses to the v.est. The new streetcar system will provide basic east-v.est connections betv.een the Haymarket District, downtown and Central Antelope Valley. The line will terminate at the historic Rock Island Railroad Station. A 7th Street extension is proposed south of the Haymarket District to serve an area designated as high-density housing in the master plan concept. Wednesday Journal, Inc. Quote: The recently adopted plan for the redevelopment of our downtown is a remarkable document-not just because of its content which is very good, but also because of the broad community process that created it." 3/29/05 Lincoln Journal Stal' Quote: "A community has to be willing to dream, to make plans for the future. Imagining a new public square in downtown Lincoln is exciting. Making that catalyst project happen would make it easier to imagine other parts of the new downtown plan becoming reality." 6/16/05 mC~~~DALL A;AMBUL:-pClII Whitefish Downtown Business District Master Plan, MT Oandall Arambula is developing a DO"WIlto"WIl Business District Master Plan for the tourist-oriented community of Whitefish, Mr. Project goals include building dO"WIlto"WIl business vitality, accommodating existing and future tourist industries, strengthening dO"WIlto"WIl retail, creating a shopper- and pedestrian-friendly environment, improving parking and transportation, and identifying public improvements that will stimulate dO"WIlto"WIl development. Plan options include connecting the do"WIlto"WIl to the natural environment, idt:ntifying opportunities for high-density housing and ensuring that US. Highway 93 improvements through dO"WIlto"WIl enhance and support businesses and residents. . . . . . . . . . . . . . . '. '. '. . . :1 :. . . . ~ ~ ..~ 2. Project Team Information (Cont.) I!II!{-;:' ---- ----- -~--- .--.-.-----. --- --- _ CRANDALL ARAMBULA PC portland Downtown Retail strategy, Portland, Oregon The Retail Study identifies projects and policies for strengthening the retail environment in dO"WIlto"WIl Portland. W>rking with Economics Research Associates, Oandall Arambula identified the location of the futun: retail core, improvements to the tranSit mall, linkages to the waterfront, a recruitment strategy for new retailers and dO"WIlto"WIl housing to support retail growth. The firm pinpointed strategic locations for new retail space byevaluating the quality of streets, open space and existing retail anchors. '-'" . . . . . . . . . . . . . . . . . It It It It . It It . t . . . . . . Middleford Commons Civic Neighborhood, Medford, OR As a part of the firm's ODOT/DLCD Outreach and Quick Response contracts, Oandall Arambula developed an action plan to locate the Lithia headquarters office building downtown and create - Middleford Commons - a housing and office district within downtown Medford's north side area. Oandall Arambula developed four potential framework options and an evaluation of each option. The alternatives 'Were presented to representatives of Lithia Motors, the Gty of Medford, Medford Urban Renewal Agency (MURA), Medford Red Lion Thtel and the State of Oregon. A preferred design alternative was selected and refined that includes: · 120,000 SF of ground floor retail and active use space · 450,000/850,000 SF of office space · 300 residential units · 3 parkblocks · 900 office parking spaces Woodinville Downtown Redevelopment Plan, WA Wxxlinville, WA, a rapidly-growing community east of Seattle, vvanted to redevelop an aging shopping center into a vital, pedestrian-friendly downtown. Oandall Arambula developed a plan that includes: · 2,800 ownership and rental housing units · A pedestrian-scale street grid that includes a "main street" · Open space amenities that include linear park blocks connecting the main street with the city center . A multi-modal transportation framework that includes off-street pedestrian and bi~le paths · A natural resource plan that includes stream enhancements along Little Bear and W>odinville creeks The implementation plan identifies infrastructure and amenities that will set the stage for attracting private mixed- use development projects along the park block and stream enhancement areas. Mail Tribune Quote: ""I love the plan - it's beautiful," said Sid DeBoer, chairman and chief executive officer of Lithia Motors Inc." 7/7/05 Client Quote: "Ways in which Crandall Arambula was superior to other consultants are as follows: their public involvement process; their ability to translate the community's "vision" into urban design concepts and explain the trade- offs of redevelopment (:osts and benefits gave us the vital financial "reality check" necessary to make our vision happen; their highly-graphic renderings were well done and informative; and their responsiveness to staff was impressive." Carl Smith, 8/1/03 ._--~------------:-JB CRANDALL ARAMBULA PC iii Multnomah County Library Historic Renovation, Portland, OR Project Architect George Vandall completed design and renovation of the 110,000- sf historic landmark library in downtown Portland for the Multnomah County Library System. The renovation involved $27 million of improvements to upgrade seismic, mechanical, plumbing, electrical, and elevator systems, reorganize spaces to respond to changing program requirements, and bring the 1913 Georgian building back to its former splendor. A twO- floor rooftop addition houses administrative functions without altering the profile of the historic building as viewed from the street. All significant historic surfaces in public areas were saved and restored. . . . . . . . . . . . . . . . . '. . '. . . . . . . . . . '. . . . 2. Project Team Information (Cont.) Client Quote: "As our design consultant on the building and landscaping of the new Guest House here at Wingspread, George was irreplaceable and essential. Absolutely the best." B(J)d Gibbons, 6/6/03 ----- --~----- ----------~------ Iii CRANDALL ARAMBULA PC Wingspread Master Plan, Wind Point, WI Oandall Arambula prepared a maSter plan for a conference hotel on the grounds of Wmgspread for the Johnson Foundation. Wmgspread, the historic home designed by Frank Lloyd Wright, is now used as a conference center. The plan: . Ensures that the hotel is compatible with the Wmgspread building and setting . Establishes a 10V\.; twO-story horizontal hotel massing that reinforces Wright's prairie theme and minimizes physical and visual impacts on the pond . Groups and organizes the existing conference facility and Johnson Foundation office into a campus setting . Uses the pond as a central organizing feature and a view amenity for the hotel . Improves the campus automobile and pedestrian circulation systems Wingspread Conference Center Guest House, Wind Point, WI As a design consultant to the Johnson Foundation, Oandall Arambula served as the owner's design oversight representative. In addition, the firm established the selection process and participated in the selection of all project consultants, including the local architect, contractor and construction manager. In association with the local architect, the ftnn prepared floor plans and circulation concepts forthe guest house to explore a full range of possible design alternatives. As the owner's representative, Vandall Arambula revi~d all schematic, design and construction drawings to ensure the concept and design details were consistent with the original project objectives. During the construction phase, the firm confirmed that design changes remained consistent with the original project goals. Vandall Arambula also worked with the interior design team to select furnishings, fixtures and interior finishes. Urban Advisors Ltd, Economic and Market Analysis Jacksonville Quick Response, OR As part of a project team, Edward Starkie participated in the redesign of a greenfield subdivision in historic Jacksonville, Oregon. The project team worked directly with the local developers of the subdivision. During the process, Mr. Starkie performed financial analysis of market sales values versus construction costs allowing quick decisions on design options. As a result, the project density -was increased and pedestrian accessibility to the center of Jacksonville -was enhanced. -r . . . . . . . . . . . . . . . . . t t t t t t t t t t t t ~ t t Redmond Old Town Revitalization, WA Recent development of a regional mall adjacent to Redmond's Old Town district raised questions about how to implement the pedestrian-friendly retail and entertairunent center vision. Gtyand business leaders, and operators of the Redmond Town Center mall participated in a process to revitalize the historic downtown. Urban Advisors evaluated market and demographic trends and conditions, deterrnined the type and quantity of retail that can be developed, suggested a balance of retail and housing to support the Old Town neighborhood, and described the requirements for reinforcing the district to create a successful main street environment. The study has called attention to opportunities that have become new priorities for the Gty. Columbine Square Analysis, Littleton, CO The GtyofLittleton retained Urban Advisors to study retail land use in the city and evaluate the conditions swrounding the G>lumbine Square center. Urban Advisors evaluated city- wide retail trends and determined appropriate standards and achievable goals for creating viable retail centers and focusing uses to provide centers for neighborhoods; described investor and planning criteria for creating vital retail centers; determined the oversupply of city land zoned for retail and described the potential for redevelopment of under- utilized land; evaluated alternate uses, including housing and mixed- use development; provided a sample program for redevelopment of the study site with projected costs and returns; and proposed an implementation strategy outlining opportunities for public-private initiatives and roles for different organizttions. The GtyG>uncil recently invited Urban Advisors to address them on the creation of higher-density development and specific planning to enhance the city's retail and neighborhood districts. Fayetteville Downtown Master Plan, AR As a subconsultant, Urban Advisors investigated local demographic trends and interviewed a wide range of community representatives and local developers to understand the local economic and development conditions for this downtown master plan. Urban Advisors provided an implementation and development strategy that will enable the community to make the designs and vision a reality. Recommendations included step-by-step strategies and implementation actions for: · Policy changes · Organizations and public-private partnerships · Parking and pedestrian amenity funding · Neighborhood revitalization · Enhancing the downtown market · Ensuring future economic prosperity · Business recruitment and retention nm_ ~ ~--=-11!!1 CRANDALL ARAMBULA PC IiIiI Harbor Naito Corridor Quick Response The conidor of Harbor Drive and south Naito Parkwaypre~sented a challenge due to the constraints of high traffic loads and an inhospitable pedestrian environment. Working with Crandall Arambula, Urban Advisors provided a series of demographic "snapshots" and market overvievvs of office, hotel and retail in the dOV\lIltoV\lIl area to identify the potential for land uses in the area. Urban Advisors provided 63 pro formas to demonstrate market sensitivity and affordable housing feasibility in the options presented by the design team. . . . . "e: . i. '. . . . . . . . . ;. . . f_ '. . . ., ~ . . '. . '. '. . . ~DALL ARAM~-~:PC-------- Bend Downtown Parking Block, OR Working with Crandall Arambula, Urban Advisors created pro forma analysis of the proposed options for a mixed-use parking structure; TIie work-was conducted to assist the Gty and the public in decisions regarding the mixed-use development scenarios in dOV\lIltoV\lIl Bend. Options included use as office, residential, a post office and retail shops. OKS Associates, Traffic/Transportation Analysis Ashland street Corridor Planning Study, OR DKS Associates produced an analysis of transportation conditions on Ashland Street, a five-lane state highway. The analysis focused on the needed transportation capacity and alternatives to integrate alternative modes into the street design. A three- lane roadwaywas recommended with transit stops, bicycle lanes, wide sidewalks and turning lanes. Ashland Siskiyou Boulevard, OR The purpose of this study was to develop a set of recommendations for modernizing Siskiyou Boulevard to enhance bicycle and pedestrian use, as "Well as improving conditions for transit and motor vehicle use along the cOIridor. The study outlined opportunities and constraints for Siskiyou Boulevard related to improvements to the transportation network Existing conditions "Were documented and analyzed and various future alternatives "Were analyzed, including narrowing the existing median, reducing the existing travel lanes to a three-lane cross-section, improving access and enhancing pedestrian and bicycle travel via curb extensions and a multi- use path. . . . . . . . . . . . . . . t t t . . . . t t t . . . . . . . . lake Oswego Transportation Management Plan for Downtown Neighborhoods, OR DKS is preparing traffic calming, walkwayand parking plans to address the potential future impacts of growth from the Lake Os\\ego Town Center on surrounding neighborhoods. An extensive public involvement program, including educational programs was developed and was complemented by detailed transportation analysis of existing and future needs. Safe routes to schools, parking management, neighborhood gateway treatments, roundabouts, stop sign strategies, walkways, bicycle enhancements, traffic calming and accessibility improvements are all elements of the plan. Asystematic plan that addresses both short-term immediate needs and long-term strategies was developed along with funding concepts. Medford Downtown Parking Report, OR DKS Associates "\\Qtked with the Medford Urban Renewal Agency to develop parking management strategies that best served the business merchants and the community. The study evaluated existing and future needs for over 2,000 public parking and 2,800 private parking spaces. The study considered various alternatives to address the parking demand for future growth, the proposed county library, Wmetrout project, and community college expansion. A key recommendation of the studywas to not initially construct a new public parking garage, but to rely on more effective surface lot management and leasing policies. Portland Development Commission Northwest Broadway Properties, OR Working with Oandall Arambula, DKS Associates prepared the transportation analysis for the redevelopment of the Downtown Portland Northwest Broadway properties located near Union Station. The sub-area consists of six city blocks that serve as a transition area bet\\een Old Town, Ollnatown, Union Station, the north park blocks, Greyhound and the US Post Office. A preferred land- use alternative was developed and evaluated to identify deficiencies and needs related to multi-modal circulation, parking and motor vehicle operations for future build-out. Potential mitigation measures \\ere also identified for the preferred land use scenario. Future land uses were analyzed to determine the level of impact fees necessary to support the cost of new roadway improvements. Transportation Planning Rule requirements were integrated into the development of the trafficway plan. --- ------- CRANDALL ARAMBULA PC IIiI Methodology Chndall Arambula will follow its proven three-step process - Starting, Designing and Implementing - that ensures quality, and public and stakeholder support. We will develop creative yet realistic land use and circulation framev..ork plans. If requested, we will create a focused implementation strategy and fonnal downtown plan during Phase 2 of the project. Our design efforts will ensure Ashland's character remains intact while accommodating local residents, future growth and tourism. We will take a holistic approach to uman design, address all land use and circulation elements, and develop a plan that creates a unified downtown. A brief overview of our three-step process is described below. . . . . . . . . .. . . . . . . I. . '. . . . . . . . . . 3. General Approach/Project Understanding .---------_.. IIiI CRANDALL ARAMBULA PC Overview Phase 1 Starting: During this step, Chndall Arambula gathers all existing information and meets -with local experts to gain additional knowledge. We: 1) establish a coordination process to gather information and collaborate -with other current and related projects; 2) review all project documentation, including data and previous plans, land use ordinances, codes and interview project staff, key property and busiiness owners, developers, government officials, special interest groups, citizens and other stakeholders; 3) complete technical analyses of existing economic, market, traffic, parking, land use, zoning, utilities and infrastructure, and transportation conditions, including circulation, access and delivery management; 4) concisely document th,~ area's physical, economic and regulatory opportunities and constraints; and 5) use this information and stakeholder input to establish project goals and review criteria to assess and analyze alternative development options. Our goal is to gather only relevant information, quickly and concisely, and move forward into the project Design Phase. Designing: During the Design Phase, we develop and test a broad range of creative and credible alternatives. Alternative scenarios consider a range of intensities and development types. The Gty, stakeholders and the public will have the opportunity to actively review, comment and assess alternative designs throughout this process, using the identified project goals and review criteria established in the Starting Phase to evaluate the possibilities. Cost estimates and an economic and traffic assessment of each alternative will be prepared. A preferred alternative -will be refined that includes planning for future development areas -with the best locations for land uses and circulation identified. Key framework diagrams will include: · Housing · aflCe · Retail, commercial . . . i. . . . . . . . . . . . . . . . . . . . . . I I . . I I I . . . . . · Open space, cultural, and other public amenities such as public art · Newpedestrian and bicyde facilities · New roadway and parking facilities · Transit facilities Crandall Arambula will "\IDrk with the Gtyto development the "next steps" required for project implementation including promotions and marketing for the plan and downtown AsWand, and proposed policies for development standards Phase 2 Implementing: The irriplemencition phase of any planning project is crucial. A successful plan must inspire mvestor confidence to stimulate private investment that is consistent with community desires for future grovAh. If requested, Crandall Arambula will "\IDrk with the Gtyto develop a final plan document and detailed implementation strategy that identifies catalyst projects, implementation priorities, responsible agencies, schedule, project costs, and financial strategies to ensure projects are built in a manner that is consistent with AsWand's desires and values. 1his phase is not included in this proposal. Creating an inclusive public involvement process To fully understand the community's broad range of needs, Crandall Arambula will lead a systematic public involvement process. The public will be given relevant background information, educated on key concepts and presented a series of alternatives to base its decisions on. We will use our innovative balloting and polling process to hear from all individuals, not just the outspoken fe-w A sample ballot summary response sheet is included in Section 8 - Other Information. The typical public meeting format will include a brief presentation followed bya public "\IDrkshop. Anticipated "\IDrkshop attendees include key stakeholders and business owners, project staff, local jurisdiction staff and local residents. Specific steps include: · E duaztian: Presenting educational information and design alternatives to the public using a higWy-graphic, Power Point presentation · Backgroord Summarizing and reporting findings and alternative preferences from previous meetings at the following meeting · Materials: Providing plans, diagrams and other graphics and illustratives depicting plan alternatives · Workshop: Breaking into "\IDrkgroups to discuss design alternatives · Grwp Repents: Having a spokesperson from each "\IDrkgroup report back the group's key concerns to the larger audience · IrrliUdual Rf5JX1r5e: Having each member of the audience complete a ballot that responds to the alternatives and established project goals Client Quote: "Ways in which Crandall Arambula was superior to other consultants are as follows: their public involvement process; their ability to translate the community's "vision" into urban design concepts and explain the trade- offs of redevelopment costs and benefits gave us the vital financial "reality check" necessary to make our vision happen; their highly-graphic renderings were well done and informative; and their responsiveness to staff was impressive." C~.~NDAL~A-;~~;ULA pell Sustainable Urban Design Architects, planners, and urban designers must be avvare of both the short- and long- term impacts that their decisions will have on the environment, human health, wildlife habitat and energy dependence. Urban design plays a critical role in how people interact with their surroundings and the energy and materials conswned as ~ build our cities, towns and suburbs. Oandall Arambula understands these impacts and provides development and urban-design strategies that bring our society one step closer to becoming sustainable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. General Approach/Project Understanding (Cont.) ----- .. ---~-_.__.- -..---.. IiIiI CRANDALL ARAMBULA PC Although sustainable or" green" architecture has received a great deal of attention, the fundamentals of sustainable urban design are much less understood. Green architecture clearly loses its value ~en employed in buildings far from an urban core, completely dependant on roads and automobile travel to ftmction. Anydevelopment project's stamp of sustainability is vastly enhanced ~en it is located on an urban infill site, utilizes the existing sewer and road network, and is accessible by public transit, walking or cyt:ling. Good urban design leads to revitalized and healthy cities. Oandall Arambula uses a "sustainabilitychecklist" on each of its projects to evaluate urban design alternatives. The checklist helps our firm, our clients and the general public understand sustainable issues. The Cbecklist can be found in Section 8 - Other Information of this submittal. Project Understanding Ashland is a unique community that offers local residents and tourists the opportunity to experience v.orld-class arts and cultural facilities, local specialty boutiques, restaurants, art galleries, Victorian architecture, recreational opportunities and a ~lcoming, family- oriented "small-town" feel. From Southern Oregon University to the Oregon Shakespeare Festival and Lithia Park, our team understands the importance of keeping this extraordinary environment intact. Originally; AsWand's economic base was founded in flour and lwnber production. Today; Ashland has been transformed into a vibrant tourist destination with successful retailers and businesses located in the heart of the city. It is important that the community protect its investment in the town's special characteristics and create a downtown plan that will keep future development in line with the Gty's goals. AsWand has had a tradition of great planning. John McLrren's design of Lithia park in 1916, the decision to build a new Elizabethan Theatre in 1959, and the Gty's stand against commercial strip development in the 194()s have all set the stage for AsWand's unique heritage. AsWand will continue to gro,;'I. As it does, large-scale in- fill development must be avoided. New development must be compatible with AsWand's existing historic features and charm. Accomplishing this goal requires a sensitive approach to preserving downtown AsWand's character. . . . . . . . . I I I . . . . . . . . . . . . It . . . . . . . t The Chndall Arambula team will conduct an inclusive public involvement process to understand the needs of the local community and create a vision for the future. We ~ work with Gtystaff, the Planning Commission, GtyCouncil, business owners, community interest groups, and other stakeholders to develop plan alternatives and refine a preferred alternative that continues to build on downtown Ashland's success. Our plan will look at issues such as affordable housing, economic vitality, public art, improving the pedestrian environment, transit and transportation, parking, delivery access managemeQ!1,protection of residential neighborhoods and traffic. \Xe will also look at the next steps required for developing policies for development standards and promotion and marketing. As IIlt\Rtioned in the cover letter, crandall Arambula was recently selected to create a downtown master plan for the Gtyof Santa Fe, New Mexico. Santa Fe and Ashland share many common goals, including balancing tourism with the needs of the local communityand maintaining each city's scale and charm Our experience with Santa Fe and other similar cities across the country gives our team a unique understanding of the issues and goals facing Ashland today. In addition to the Santa Fe downtown master plan project, crandall Arambula has a great deal of experience preparing downtown plans for sensitive and historic environments. The firm prepared a Downtown Business District Master Plan for Oak Park, IL. Downtown Oak Park is seen nationally as an example of historic quality. crandall Arambula also prepared a master plan forthe Johnson Foundation's International Conference Center in Wmd Point, WI, containing FrankUo}O Wright's Wmgspread house and provided design oversight on the Wmgspread Conference Center Guest House. In addition, George Vandall was responsible for the historic restoration of downtown Portland's Multnomah County Public Library and served as the Olair of Portland's AlA Urban Design Committee where he revi~d a variety of Portland's projects to determine their compatibility with downtown Portland's historic buildings. This experience gives Oandall Arambula the insight and understanding necessary to preserve Ashland's true cultural setting. The Downtown Planning Studywill help a1igo the city's existing character with future growth in a way that will preserve and enhance the downtown. There is a need to craft a vision to guide the current public and private sector initiatives so that a unified whole is created and the existing downtown investment environment is not eroded. Without a vision and plan in place, Ashland's downtown may lose its unique character and its ability to appeal to locals and visitors alike. ------...- ~~ --------.. CRANDALL ARAMBULA PC Iii Crandall Arambula PC: Project Managemenf/Urban Design/Public Involvement George Crandall, FAIA, Principal, Crandall Arambula, Project Director As principal- in-charge, George will oversee the development of the project and ensure that the budget and time constraints are met. George has been responsible for more than 50 keywban and community design projects across the country and throughout the West. Manyof his local projects have made Portland and Oregon models for planning in America. He has served as President for the Architectural Foundation of Oregon, Board President for 1000 Friends of Oregon, President of the Portland Clapter AlA, and Clair of the AlA Urban Design Committee; George served as project director on the following related projects: · Knoxville Downtown Gvic VISion Development Plan, 'IN · OakParkDowntown Master Plan and Tax Increment Redevelopment Plan, IL · Lincoln Downtown Master Plan, NE · Racine, Phase I Downtown Development Plan and Phase II Refinement Plan, WI · Racine Monument Square Open Space Plan, WI · Whitefish Downtown Business District Master Plan, MY · Milwaukie Downtown and Riverfront Plan, OR · Woodinville Downtown Redevelopment and Open Space Plan, WA · Downtown Portland Retail Strategy, OR · AlbanyTown Center Plan, OR · Lake Oswego Downtown Redevelopment Plan, OR · Lake Oswego Foothills Design District and Willame1tte Riverfront Plan, OR · "K Avenue Improvements, Lake Oswego, OR · Oregon Gty Regional Center Master Plan, OR · Lafayette Downtown Streetscape Plan, OR · Astoria Gateway Master Plan, OR · Oatsop Community College Downtown Campus Plan, Astoria, OR · Mill Pond Development Regulations and Design Guidelines, Astoria, OR · On-Call Quick Response Transportation Growth MUlagement Contract, OR · The Dalles Riverfront Plan, OR · Burnside/StarkBoulevard Mixed-Use Concept Plan" Gresham, OR · Northwest Broadway Urban Design Master Plan, Portland, OR · Salem Walkway Plan and Demonstration Project, OR · Springfield Gateway/PeaceHealth Nodal Development, OR · Interstate MAX Corridor Revitalization Strategy, Pottland, OR · Lebanon Main Street Improvements, OR . . . . . . . '. . . . . . . . . ,j. :. . . re . . . . . . <I: ,/. . t <I: 4. Consultant Team Resumes Education: Bachelor of Architecture, Uni'1X!rSity of A mana B.S., Civil Engineering, Uni'1X!rSity of A mana Areas of Responsibility: Project Director, Project Managemmt, Urban Design, Public Irrwlwmmt ~- ___..._______.____ __n__. _ CRANDALL ARAMBULA PC . . . . . . . . . . . .. . . . t . . . . . . . . . . . . . t . t Education: B.S., Landscape A rchitecture and Regional Planning, Colorado State Uni'1X!rSity Areas of Responsibility: Project Urban Designer, Public Inwl'Wnmt Don Arambula, ASiA, Principal, Crandall Arambula, Project Urban Designer Don's primaryfocus is to create livable comrntullties. With over 20 years' experience in planning, urban design, and architecture, he has worked on projects ranging from urban infill housing to creating new towns. Don served as project urban designer on the following similar projects: · Knoxville Downtown Ovic VISion Development PIan, 1N · Oak Park Downtown Master Plan and Tax Increment Redevelopment Plan, IL · Lincoln Downtown Master Plan, NE · Racine Phase I Downtown Development Plan and Phase II Refinement Plan, WI · Racine Monwnent Square Open Space Plan, WI · Whitefish Downtown Business District Master Plan, Mf · Milwaukie Downtown and Riverfront Plan, OR · Woodinville Downtown Redevelopment and Open Space Plan, WA · Downtown Portland Retail Strategy; OR · Orenco Station TOD Master Plan, Hillsboro, OR · Downtown Astoria Safewayl American Legion Block, OR · Astoria Gateway Master Plan, OR · Oatsop Community College Downtown Campus Plan, Astoria, OR · Mill Pond Development Regulations and Design Guidelines, Astoria, OR · The Dalles Riverfront Plan, OR · On-Cill Quick Response Transportation Grov.th Mmagement Contract, OR · Northwest Broadway Urban Design Master Plan, Portland, OR · Bumside/StarkBoulevard Mixed-use Concept Plan, Gresham, OR · Lake Oswego Foothills Design District and Willamette Riverfront Plan, OR · AlbanyTown Center Plan, OR · Springfield Gateway/PeaceHealth Nodal Development, OR · Interstate MAX Corridor Revitalization Strategy, POItland, OR · Lake Oswego Downtown Redevelopment Plan, OR --~----------II CRANDALL ARAMBULA PC Kristin Belz, Crandall Arambula, Associate/Sr. Urban Designer Kristin's background in urban design and architecture includes practice as v.ell as teaching design and architectural history. Her v,ork includes comprehensive plan updates; downtown zoning ordinances and standards; design guidelines and development plan strategies; revitalization plans; transit-oriented development planning; waterfront, urban and streetscape d~sign; and project management and public v,orkshop facilitation. Her similar and related projects include: · Oak Park Downtown Master Plan and Tax Increment Redevelopment Plan, IL · Knoxville Downtown Gvic VISion Development Plan, 1N · Knoxville O1urch Avenue Square Development Plan, 1N · Racine Phase I Downtown Plan and Phase II Refinement Plan, WI · Lincoln Downtown Master Plan, NE · Milwaukie Downtown and Riverfront Plan, OR · Whitefish Downtown Business District Master Plan, MT · Downtown Astoria Safeway/ American Legion Block, OR · Northwest Broadway Union Station Master Plan, Portland, OR · Racine Monument Square Open Space Plan, WI · Lake Osv.ego Downtown Redevelopment Plan, OR · Lake Oswego Foothills District and Wtllamette Riverfront Plan, OR · AlbanyTown Center Plan, OR · Interstate MAX Station Area Revitalization Strategy; Portland, OR . . . . :. . '. . . . '. . . . . . i. 4. Consultant Team Resumes (Cont.) Education: B.A., E nrJish, Priru:eton University Master of Architecture, University of Marylarui Areas of Responsibility: Urban Design Education: B.S., Landscape Architecture, University of Kentucky Areas of Responsibility: Urban Design I!I![-;:: .-..--..-.-..--.. _ -- -- IiiiI CRANDALL ARAMBULA PC Jason Graf, Crandall Arambula, Associate/Sr. Urban Designer Jason has a broad range of experience in urban design and community development projects that stress public investment as a catalyst for private development. He focuses on creating urban design solutions that bring value to th,e community. Similar and related projects include: · Knoxville Downtown Development Plan, 1N · Lincoln Downtown Master Plan, NE · WoOdinville Downtown Redevelopment Plan, WA · Whitefish Downtown Business District Master Plan, MT · Racine Phase I Downtown Plan and Phase II Refinement Plan, WI · Redmond Downtown High CapacityTransit Study; WA · Northwest Broadway Union Station Master Plan, Portland, OR · The Dalles Riverfront Plan, OR · Burnside/Stark Boulevard "Mixed-use Concept Plan, Gresham, OR · Springfield! Gateway Peace Health Nodal Development, OR · Portland Downtown Retail Strategy; OR t. ,. {I . '. . . . ft CI cl '. eJ CI i,1 . . . . . . . . . . . . . . . . . t t . t t t t t t t . . . . . Education: Bachelor of Science, Real Estate Df?1X!lopmem, Massachusetts Institute of Techrrology Areas of Responsibility: Eronomic and Market Analysis Urban Advisors Ltd, Economic and Market Analysis Edward Starlde, Principal, Urban Advisor.; Ltd Mr. Starkie has 18 years' experience in real estate that includes moving complex projects from conception and feasibility analysis to financing and development. A particular career focus has been the financing and feasibility of Smart Growth, both as part of the State of Oregon Transportation Growth Management process and for a series of built transit-oriented projects. He has receiv,ed three awards from the American Planning Association in the areas of main streets and downtown revitalization and contributed to the current EPA guidelines for promoting Smart Growth. Mr. Starkie is a financial advisor for private and public development who brings a unique, pragmatic approach that results in projects that are feasible, profitable and contribute to community livability. He is a panel member of Urban Land Institute Advisory Services. Mr. Starkie also serves on the faculty of the Universityof Oregon Urban Architecture Program. His related experience includes: · Bend Downtown Block Parking, OR · Redmond Old Town Revitalization, WA · Columbine Square Analysis, Littleton, CO · Fayetteville Downtown Master Plan, AR · Harbor Naito Corridor Quick Response, OR · Burnside/StarkBoulevaro Mixed-Use Plan, Gresham, OR · Shoreline Economic Development Strategy, Shoreline, WA · Jacksonville Quick Response, OR · Medford Downtown Parking Study, OR · Portland Public Market, OR · Infill Study, Lexington, KT ~ __.___._._m_._ _.______.. CRANDALL ARAMBULA PC IiIiiI Randy McCourt, PE, PTOE, Principal, DKS Associates, Trnffic Engineer Randy McCourt has managed numerous transportatilon planning and traffic engineering tasks involving the development of pedestrian and transit-friendly design features. I-r has extensive experience m:.>rking on major street conidor and downtown studies. Most importantly, Mr. McCourt excels at communicating complex issues with a precision and clarity that enables staff, elected officials and the public at large to make more informed decisions regarding improved transportation choices. Related projects include: · Ashland Siskiyou Boulevard, OR · Ashland Avenue Evaluation, OR · Ashland Street O>rridor Planning Study, OR · Lombard Avenue Extension Traffic Calming Plan and 170th LRT Park-and- Ride Neighborhood Traffic Management Plan, Port1md, OR · Gties of Salem & Camas NIMPlan, WA · Opportunity Gateway Transportation Operations P1m, OR · Hollyv.ood Town Center/Sandy Main Street, Portland, OR · Downtown Beaverton O>nnectivity Plan, OR · Milwaukie Code Implementation to Incorporate TSP, OR · Troutdale Town Center Redevelopment Plan, OR · Hillsboro 28th/East Main Street Study, OR · Yachats Village Grculation Plan Implementation, OR · Downtown Medford Grculation O>ncept Plan, OR · Portland Belmont/Morrison Decouple Study, OR · Kenton Business District/LRT Station Area Plan, Portland, OR · W1lsonville Site 42 UGB Expansion Transportation Plan, OR · Astoria Downtown SafewaySite Transportation Reviie~ OR · Milwaukie North Industrial Land Use Study, OR · Inner Foster Street Plan, Portland, OR · McLoughlin Boulevard Retrofit O>ncept Plan, Portland, OR · St. Johns Town Center/Lombard Main Street, Port:1llIld, OR · Lake Osv.;ego Downtown Transit Center Alternatives, OR · Hillsboro Streets at Tanasbourne Study, OR · TualatinFire &Rescue Traffic Calming Policy, OR . . . . '. . . . . . . . . . . . <a 4. Consultant Team Resumes (Cont.) Education: Master of Science, Transportation Engineering Uniwrsity of California, Berkeley Bachelor of Science, Ciw Engineering Oregon State Uni'1erSity Registrations: Oregon (Ciw and TraffIC} California (Ciw & Traffic) Washington (Ciw) Idaho (Ciw) A mona (Ciw) ITE PTOE No. 460 Montana (Civil) Areas of Responsibility: Traffic Engineering I!I!I~ ~~-------- ~U__~_~_~___ IIiI CRANDALL ARAMBULA PC it a: . 't . t -= ;t CI:: -= t 'I:j (Ij tI (tj . . . . . . . . . . . . . . . . . t t t ~ . . . . . . ~ ~ ~ ~ ~ Education: Bachelqr of Arts, 1995 Urban Planning, Uniumity of Washington Bachelqr of Arts, 1995 Facilities Management Uniumity of Washington Areas of Responsibility: Transportation Planning OKS Associates, Traffic/Transportation Analysis Alan Snook, DKS Associates, Transportation Planner Alan Snook is a Senior Transportation Planner in the DKS Portland office. Mr. Snook has performed a wide range of transportation analysis projects, including capacity analysis (arterial and freevta~, parking demand, travel forecasting, multi- modal evaluation, cost estimating, freight mobility and light rail transit impact analysis. He has led technical advisory and citizen meetings, providing clear understanding of complex transportation issues. He has provided training to agency staff in the use of Synchro and has utilized EMME/2 and ArcView in numerous transportation studies. · AsWand Siskiyou Boulevard Plan, OR · Eugene Downtown Grculation and Signal Coordirultion Study, OR · Eugene Federal Courthouse and Subarea CorridorSt:udy, OR · Eugene EWEB/Triad Hospital Relocation Transportation Analysis Report, OR · Eugene Agate Street/Fairmont Neighborhood Traffic Calming, OR · Metro South Corridor SDEIS Transportation Subarea and Corridor Study, Portland, OR · Metro South Corridor Downtown Portland Transit Mall ASDEIS Transportation Analysis, OR · Portland Kenton/Denver Development Plan, OR · Portland Lents Town Center Subarea Study, OR · Portland Belmont/Morrison Corridor Decouple Study, OR · Portland Hollywood Town Center/Sandy Main Stree:t Plan, OR · Portland St. Johns Town Center/Lombard Main Stn~et Plan, OR · Portland Synchro/SimTraffic Training, OR · ODOT Gatevtay Regional Center Subarea Study, Portland, OR · Gresham Synchro/Sim Traffic Training, OR · Milvtaukie Riverfront Frame'\mrkSubarea Study, OR · North Milvtaukie Industrial Area Transportation Plan, OR · Portland Airport Conditional Use Transportation Study, OR · Portland Airport Area Transportation Study, OR · Port of Portland Columbia/Lombard Connector Study, OR · Port of Portland N. Lombard Oosure Corridor Study, OR · Portland N. Gilly Boulevard Oosure Impact Analysis, OR · Port of Portland South Air Cargo Parking Study, OR · Port of Portland PIC Traffic Analysis, OR · Tri- Met Bus Route 31 Transit Analysis, OR · Tri- Met Southgate Park & Ride Parking Study, OR . ----c;:I~~~~~AR~~BUL:.PC---fI IfCRANDALL ARAMBUL;-PC--. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. Consultant Team Resumes (Cont.) Availability to Undertake Project: As demonstrated by the chart belo~ the entire Oandall Arambula team has the time and resources available to provide downtown planning services to the Gtyof Ashland. George Oandall and Don Arambula will attend each meeting with the Gty, lead all public involvement efforts and meet with stakeholders. Oandall Arambula staff will always be available by phone or email to answer questions and respond to any immediate project needs. All of our staff members are thoroughly versed in each project we undertake. We are committed to meeting our client's needs and the project's goals from the moment we sign a contract through to project implementation. Percent , i Firm Available i Current Project Commitment Name i I George Oandall, FAIA Oandall Arambula 60% I ODOTTGM Quick Response Contract 1 OOOTTGM Outreach Contract I Redmond Downtown HCf Study, WA I Downtown Santa Fe Master Plan, NM Don Arambula, ASLA Oandall Arambula , 60% i ODOTTGM Quick Response Contract I I OOOTTGM Outreach Contract I Redmond Downtown HCf Study, WA i Downtown Santa Fe Master Plan, NM Kristin Belz Oandall Arambula 60% ODOT TGM Quick Response Contract OOOTTGM Outreach Conmet Redmond Downtown HCf Study, WA Downtown Santa Fe Master Plan, NM Jason Graf Oandall Arambula 60% ODOTTGM Quick Response Contract OOOT TGM Outreach Contr'.ct Redmond Downtown HCf Study, WA Downtown Santa Fe Master Plan, NM Edward Starkie Urban Advisors Ltd 30% aackamas County Development, OR Lake Stevens, WA Redmond Downtown Transit Study, WA Randy McCourt, PC DKS Associates 40% Portland Level of Service Policy, OR Vancouver Downtown Traffic Study, WA PDX TriMet Hollyv.ood TC Site Assessment, OR Lake Oswego Downtown Are;awide TMP, OR ODOTI-205 Stormwater Management, OR Alan Snook DKS Associates 45% Cackamas Co. 82nd Avenue, Glencoe Analysis, OR Eugene Agate Street, OR Portland Construction Travel Forecast, OR I Vancouver Downtown Traffic Study, WA I . . . . . . . . . . . . . . It . . . . . . . . . . . . . . . . . 5. References Crandall Arambula, Project Management/Urban Design/Public Involvement We encourage you to contact our references. We believe our existing clients v.ill confirm our firm's ability to provide exceptional services in an efficient and timely manner. Projects: Middleford Commons Civic Neighborhood, Medford, OR; On-Call Quick Response Trnnsportation Growth Management (TGM) Contrncts, OR Reference: Oregon Department of Land Conservation and Development, Larry Ksionzyk, Transportation Planner (503) 373-0050, Ext. 278 Project Woodinville Downtown Redevelopment Plan, W A Reference: Gtyof Woodinville, WA, Carl Smith, Gty Planner, (425) 489-2757, Ext. 2282 Project Downtown Racine Development Plan and Phase II Refinement Plan, WI Reference: Downtown Racine Corporntion, Devin Sutherland, Executive Director, (262) 634-6080 direct line Project Oak Park Greater Downtown Master Plan and Tax Increment Redevelopment Plan, IL Reference: Village of OakPark, IL, Carl Swenson, Village Manager, (708) 358-5770 Project Lincoln Downtown Master Plan, NE Reference: Gtyof Lincoln, NE, Kent Morgan, Assistant Director, (402) 441-7491 Project Knoxville Downtown "Civic Vision" and Development Plan, TN Reference: Nme Counties. One VISion (agency is no longer in existence), Knoxville, TN; Lynne Fugate, Executive Director, Cell: (865)-566-7414 Project Reference: Whitefish Downtown Business District Master Plan, MY Gtyof Whitefish,MT, GaryMarks, GtyManager, (406) 863-2400 Project Reference: Wingspread Master Plan, Racine, WI; Wingspread Conference CenterGuestHouse, Racine, WI The Johnson Foundation, WI, Boyd Gibbons, President, (262) 639-3211 Urban Advisors Ltd, Economic and Market Analysis Project Redmond Old Town Revitalization, WA Reference: Gtyof Redmond, Lori Peckol, Senior Planner, (425)- 556-2411 Project Fayetteville Downtown Master Plan, AR Reference: GtyofFayetteville, Tlll1 Conklin, Planning Director, (479) 575-8267 Project Bend Downtown Parking Block, OR Reference: Bend Urban Renewal Agency, John Russell, (541) 330-4021 OKS Associates, Traffic/Transportation Analysis Projects: Centrnl Point Pine Street Highway 99 Improvements; Centrnl Point Highway 99 Corridor Plan Reference: Gtyof Central Point, duis dayton, (541) 664-3321 x207 Reference: Gtyof Central Point, Tom Humphrey, Planning Director/Asst. Gty Administrntor, (541) 664-3321 x230 Project Lake Os we go Trnnsportation Management Plan for Downtown Neighborhoods, OR Reference: Gtyof Lake Oswego, Tom Tushner, (503) 675-3990 C~A~~ALL AR;M~UL~ -PC- II Firm Oandall Arambula Oandall Arambula Oandall Arambula Oandall Arambula Oandall Arambula Urban Advisors Ltd DKS Associates DKS Associates . . . :. . . . . . . . . . . . . . . . . . . . . . . . . II . . . 6. General Rate Schedule NameFirm George Oandall, FAIA Don Arambula, ASLA Kristin Belz ]asonGraf Staff Edward Starkie Randy McCourt, PC Alan Snook Rate $150 $130 $65 $65 $55 $120 $165 $100 II CRAN~~~~A;~~BU~~-PC--------- . . . . . . . . . . . . . . . . . . . . . . . . ~ ~ ~ ~ ~ . ~ . 7. Proposer's Written Statement Oandall Arambula: · Has received, read and understood all Proposal Documents (including sample "Personal Services Contract" in the Appendix of the RFQ) · Has received, read and understood all addenda (none received) · Agrees that vve are responding to this RFQ at our own expense, and the Gty is not responsible for any of our finn's expenses associated with the RFQ · Agrees to report all errors, ambiguities and protestable issues immediately to theGty · Takes no exceptions to the contract · Agrees that our submittal is a finn offer and shall keep the original submittal Proposal open for ninety (90) days without a withdrawal or modification · Agrees that if vve are selected and refuse to sign the Gty's agreement, vve will be liable to the Gtyfor increased costs and attomeyfees for retaining replacement Proposer · Is properly registered, licensed, and insured in Oregon to perform the work · Has read and understood the Gty's rules for "Personal Service Contracts," AsWand Municipal Code Olapter 2.52, and Oregon's Public Records laws (including trade secrets) ----C;~~~~~L ARAMB~-~~PC-m III cR;~-;~~~A~A~~~~~pc . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . << 8. Other Information We have included the following sample v,ork products for your review: Lincoln Downtown Master Plan, NE · Sample Ballot Summary Response Sheet - follows Sustainability Checklist · dtecklist - follows Woodinville Downtown Redevelopment Plan, WA · Mailer - five copies enclosed Milwaukie Downtown Master Plan and Riverlront Plan, OR · Mailer - five copies enclosed Racine Downtown Development Plan, WI · Mailer - sample in 11 X 17 Fonnat - five copies enclosed . . . . . . . . . . . . . . . t t t t . t . . . . . . t t t t t Response Sheet Workshop #3 Uncoln Downtown Master Plan November 30, 2004 172 Response Sheets Received Il 11371 Yes 2025 Capacity Diagram Check Preference 1. Location of Potential Land Uses lI]No mOther 11371 Yes III No Retail/Entertainment Check Preference IT:!] Other 2. Retail/Parking Concept Open Space Check Preference 3. Public Square Concept (13th and P) 1138 I Yes U]NO I!Il Other 4. Centennial Mall Concept 1130 1 Yes I!!l No l!:TI Other 5. M Street Park Block Concept 11231 Yes 1211 No mOther Civic/Cultural Check Preference 11281 Yes 11361 Yes 1271 No ~NO 6. Festival Garden Concept 7. Arts Corridor Concept l!:TI Other III Other Bicycles Check Preference 8. On-street Bike Routes 11331 Yes ~NO mOther 9. Off-street Bike System [!]1J Yes 1281 No mOther 10. Shuttle Route A [!] No 11. Shuttle Route B I!!l No 12. Future Streetcar Route 1421 No 13. Bus Transfer Facility on Q ~NO 14. Future Housing and Open Space 15. Future Convention Center, Parking and Open Space 1811 More Comments? Please write on back If you need addlllonalllme to respond, please return your comments to: Crandall Arambula-520 SW Yamhill--Roof Suite 4--Portland, Oregon 97204--(503) 417-7879 fax (5031 417-7904-jgraf@ca-city.com -C~:~~:~~ARAM.~~~A Pc-Ell - . . Urban Design Sustainability Checklist . . Applies Complies . Yes No Yes No . Transportation Access to frequent. safe and efficient transit service D D 0 0 . Accessibilityfor pedestrians and cyclists D D D D . Quantity of parking and parking lot relationship to building and street D D D D Urban Infrastructure . Use of existing infrastructure. e.g. sewer and utility lines. streets D D D D . !' Affordability of housing D D DI D 'I Family-friendly housing and parks 0 0 01 D . Adjacent Natural Areas . Access to nearby natural resource areas 0 0 [] D . Adjacencies to superfund sites. freeways or polluting industries D 0 [] D Embracing view corridors to significant natural features D 0 [] D . Impact on nearbystreams, rivers, bays and lakes 0 0 [] D Buffers around natural areas and wildlife habitat D D [] D . Open Space . Provision of landscaping and oPen space within site plan D 0 [] D . Solar orientation of outdoor spaces 0 0 [] D Parks. plazas and streets that are easily maintained and secured 0 0 [] 0 . Streetscape . Reduction of impervious surface on streets and sidewalks D D [] D Use of sustainable/recycled streetscape materials D D [] D . Pedestrian-friendly and landscaped sidewalks 0 D [] D . Public Policy . Comprehensive growth management and transportation strategies 0 0 [] D Policies that promote a diversity of economic activity and jobs D 0 [] D . Conservation of farmland and green spaces D 0 [] D t Building and Site Design D t Use of Low Impact Design (LID) development practices 0 0 [] Strong relationshi p between buildings and oPen space 0 0 [] D t Reduction of impervious surfaces on building roofs and parking lots 0 0 [J D Use of sustai nable/recycled buildi ng materials 0 D [J D t Flexible building designs that can accommodate changing land uses 0 D [J D . . .---..------..--- - . III C~ANDALL ARAMBUL~PC' t -. --- -_.__._--_..,-~ 3 SAmple_ Publi catioN,S ItJCLLtbe b iN O/(,~inAL j)~c~n'en1- ,""",fI'" - T CITY OF ASHLAND Council Communication ADOPTION OF THE 2004 OREGON FIRE CODE - SECOND READING Meeting Date: December 6, 2005 Department: Ashland Fire &le ue Contributing Departments: Approval: Gino Grimaldi ~ Primary Staff Contact: Margueritte Hickman E-mail: HickmanM@ashland.or.us Secondary Staff Contact: Keith E. Woodley E-mail: Estimated Time: 15 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. Council approved the first reading of an ordinance for the adoption of the 2004 Oregon Fire Code at their regular council meeting on November 15,2005. Staff now proposes that Council move for second reading an ordinance to adopt the 2004 Oregon Fire Code for application within the City of Ashland. Included in the second reading are proposed change to the first reading. The proposed changes are shown in bold italics below and are housekeeping in nature and do not change policy. If approved, the proposed changes only will be read aloud during the counc~l meeting. 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 department 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 existing code requirements in the Municipal Code. r;., · 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. The following is a summary of the housekeeping changes recommended at the second reading: Section 15.28.010 - Specifies adopted appendices as A through L and SR. Section 15.28.030 - Change Bureau to Department Section 15.28.060 - Change Appendix VI-E H to Chapter 33.2.3 Section 15.28.070 D - Change June 22 to June 23 to match the ORS. Section 15.28.100 - delete the first "or" Section 15.28.110- delete "or Standards" in the first sentence Related City Policies: AMC 15.28.010 Adoption of Oregon Fire Code Council Options: Approve Second Reading of Ordinance to adopt 2004 Oregon Fire Code. Staff Recommendation: Staff recommends adoption ofthe 2004 Oregon Fire Code. Potential Motions: Motion for Second Reading of ordinance to adopt 2004 Oregon Fire Code. Attachments: None r., -T ._---~ -----.- 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' 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 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 Oregon Fire Code. Establishment of Duties. Definitions. Above-ground Storage of Flammable or Combustible Liquids. Storage of Liquefied Petroleum Gases - Restricted. Storage of Explosives - Prohibited. Amendments to the 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 Oregon Fire Code The 2004 Oregon Fire Code and aU appendices A throuqh L & SR are hereby adopted, except where specifically excluded or modified by this section. The 2004 Oregon Fire Code and all adopted appendices, as excluded or modified by this section, will be referred to in the Ashland Municipal Code as the Oregon Fire Code. One copy of the Oregon Fire Code and appendices shall be filed in the office of the City Recorder. SECTION 15.28.020 Establishment of Duties. The Oregon Fire Code shall be enforced by the Fire Code Official as defined by the Oregon Fire Code. SECTION 15.28.030 Definitions. A. Wherever the word "jurisdiction" is used in the Oregon Fire Code, it is the City of Ashland. Wherever the words "Bure3u Department of Fire Prevention" are used, they shall mean "Fire & Life Safety Division." SECTION 15.28.040 Above-ground Storage of Flammable or Combustible Liquids. The limits referred to in Section 3404.2.9.5.1 of the Oregon 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 3804.2 of the Oregon 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 aggregate capacity of anyone installation shall not exceed a water capacity of 500 gallons. In particular installations, this capacity limit shall be determined by the Fire Code Official, after consideration of special features such as topographical conditions, nature of occupancy, and proximity to buildings, capacity of proposed containers, degree of fire protection to be provided and capabilities of the City of Ashland Fire & Life Safety Division. SECTION 15.28.060 Storage of Explosives - Prohibited. The limits referred to in APflendix VI E H Chapter 3301.2.3 of the 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 Oregon Fire Code The Oregon Fire Code is amended in the following respects: Section 503.2.5 Dead Ends: Change 150 feet in length to 250 feet in length. 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 gain necessary access as required by the fire code official. A. Section 508.5.1 & Exceptions Delete and replace with the following: The 2 . T approved fire apparatus operating area must be located within 300 feet from a hydrant, as measured by an approved route, along an approved driving surface. With the installation of an approved automatic fire sprinkler system, hydrant distance may be increased to 600 feet. B. Section 3301: Notwithstanding 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 during any declared fire season except when the sale of fireworks is permitted within the State of Oregon pursuant to ORS 480.127 (June 22:~ to July 6 of each year). (Ord 2871,2001; Ord 2876, 2002) C. Appendix B, section 105.1: Replace the entire section as follows: Th'e minimum fire flow requirements for one- and two-family dwellings having a fire-flow calculation area which does not exceed 3,600 square feet shall be '?50 gallons per minute. Fire flow and flow duration for one and two-family dwellin~Js having a fire-flow calculation area in excess of 3,600 square feet shall not bE~ less than that specified in Table B105.1." O. "EXCEPTIONS": E. A reduction in required fire flow of 50 percent, as approved by the Fire Code Official, is allowed when the building is provided with an approved automatic fire sprinkler system. F. One and two-family dwellings in excess of 3,600 square feet, when equipped with an approved automatic sprinkler system, may have a minimum flow of at least 375 gallons per minute. If minimum fire flow as specified in table B 105.1 cannot be met after the 50% reduction credit is applied, then the fire sprinkler system shall be monitored by an alarm company. G. Appendix 0105.1 Change first sentence as follows: Buildings or portions of buildings or facilities exceeding 24 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. SECTION 15.28.090 New Materials, Processes, or Occupancies - Permits 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 Fire Code. The Building Official, in accordance with section 104.9 of the Oregon Structural Specialty Code, shall record and enter in the files of the building department any action granting approval of new or alternate materials. 3 . T SECTION 15.28.100 Penalties. A. Any person who violates any of the provisions of this chapter, the Oregon Fire Code GF 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 cElrtificate 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 hBrein, 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 such 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 GF S-taRdaFds 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 biB declared invalid. 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.1698S1, 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: 4 - T A. For the first hour or fraction thereof: 1. Pumper apparatus - $250.00/hour 2. Brush apparatus - $100.00/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, 19B3) SECTION 15.28.150 Plan Review/Permits - Fees. For application in this city, Oregon Fire Code plan review fees shall be 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. 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, ,2005. and duly PASSED and ADOPTED this _ day of Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of ,2005. John W. Morrison, Mayor Reviewed as to form: 5 - T Mike Reeder, Assistant City Attorney G:\legaI\Reeder\FIRE & RESCUE\2004 Oregon Fire Code - 11-15-05 Reading #1.doc 6 - T CITY OF ASHLi\ND # Council Communication Request for amendments to SDC Deferral Program: Resolution 93-39 Meeting Date: December 6, 2005 Department: Community DeveI0~P/4' Contributing Departments: Legal Approval: Gino Grimaldi, City Air' trato Primary Staff Contact: Brandon Goldman, Housing Program Specialist. E-mail:goldmanb@ashland.or.us Secondary Staff Contact: Bill Molnar, Interim Community Development Director E-mail: molnarb@ashland.or.us Estimated Time: Statement: The attached resolution includes amendments to Resolution 93-39 that would consider Homeowners Fees, or other maintenance fees, as part of the housing cost for qualification under Ashland'sPrograms SDC deferral Program. Further a proposed amendment to resolution 93-39 would eliminate the existing cap on the amount of a down-payment that could currently be applied to the purchase of the affordable home. Background: The City of Ashland currently defers System Development Charges (SDC) for "Affordable Housing Units" for up to a 20 year period, at which time they are forgiven (waived). If a home enters the SDC deferral program as affordable it can voluntarily exit the program and repay only the original SDC amount plus 6% interest per year. Although this was thought to be a disincentive to exiting the program when it was developed in 1993, given the current difference between "affordable" and "market rate" housing prices this is no longer functional to keep units in the program. Many units enter the program due to a requirement that they be affordable due to a land use action or City contribution of funding. These include affordable units created through annexation or zone change applications, condominium conver~ion applications, large scale development requirements, or CDBG and City funded affordable housing projects. In each of these cases the affordability period requirement exceeds the SDC Deferral Program 20 year limit, thus units stay in the program. The Housing Commission is currently in the process of reviewing the program to recommend to Council comprehensive changes to the program including restructuring the methodology used to determine affordable purchase and rental prices and establishing a period of required affordability. As part of this undertaking it was discovered that the current maximum rental and purchase prices under Resolution 93-39 could allow a occupant household to be assessed an additional Home- owners Association Fee, further burdening the household with monthly housing costs. The amendment to Resolution 93-39 proposed would eliminate this possibility. In the coming months the Housing Commission will likely recommend to Council a new Resolution and repeal of Resolution 93-39, but the currently proposed amendment will clarify what is considered a housing cost in the interim. Further by eliminating the down payment cap (of 20% the purchase price) the City will allow larger down payments and therefore lower monthly housing costs for residents. This section is particularly releovant for low-income affordable units that may qualify for Oregon Housing and Community Services down-Payment Assistance Loans (PAL) ~4.' Staff Recommendation: Staff recommends adoption of the proposed amendments to Resolution 93-39 Potential Motions: Move to approve the proposed amendments to Resolution 93-39. Attachments: Resolution 93-39 with proposed amendments Housing Commission Memo date 5-25-2005 Housing Commission Minutes June 13, 2005 Housing Commission minutes August 15, 2005 ~.t. 1 -T RESOLUTION NO. 2005- A RESOLUTION AMENDING RESOLUTION 1993-39 TO INCLUDE HOMEOWNER ASSOCIATION OR MAINTENANCE FEES IN ANY AFFORDABILlTY CALCULATIONS Recitals: A. In 1993, the City of Ashland passed resolution no. 1993-39, establishing affordable housing income levels and rental and purchased cost levels. B. Resolution 1993-39 did not contain provisions to include any homeowner association or maintenance fees in the affordability calculations. C. The City desires that any said fees or assessments be included in the affordability calculations THE CITY OF ASHLAND RESOLVES AS FOllOWS: SECTION 1. Resolution No. 1993-39 shall be amended to read as follows: 1. RENTAL HOUSING. Units designated for affordable rental housing in developments which have qualified for density bonuses under the City's land Use Ordinance (lUO) shall be rented to individuals or families whose annual income does not exceed 80% of the median income for families in the Medford-Ashland Metropolitan Statistical Area (MSA). This figure shall be known as the "qualifying family income" and shalll be determined by the City's Department of Community Development in May of E~ach year from the annual family incomes published by the U.S. Department of Housing and Urban Development (HUD). The rent charged for such affordable rental housing, including any home-owners associationorrnalntenance fees, shall not exceed 230.{0 of the qualifying monthly income (qualifying family income divided by twelve) as provided in the following formulas: Studio Apartment 1 Bedroom 2 Bedroom, 3 Bedroom incomes 4 Bedroom incomes 23% of the average of 1 & 2 person qualifying monthly incomes 23% of the average of 2 & 3 person qualifying monthly incomes 23% of the average of 3,4, & 5 person qualifying monthly incomes 23% of the average of 4,5,6, & 7 person qualifying monthly 23% of the average of 5,6,7, & 8 person qualifying monthly The City's Department of Community Development shall maintain a table of maximum rent levels permitted under these formulas and shall annually update the table in May of each year. 1- Resolution amending Reso 1993-39 affordability caICG:\legal\PAUL\FORMS\resolution forrn.wpd The owner of the affordable rental housing shall sign a 20-year agreement with the City of Ashland that guarantees these rent levels will not be exceeded and that the owner will rent only to families meeting the income limits. The agreement shall bind subsequent owners who purchase the rental housing during the 20-year period. The agreement shall also require the owner to rent to HUD Section 8 qualified applicants and agree to accept rent vouchers for all of the affordable units where applicable. 2. PURCHASED HOUSING. Units designated for affordable housing availablle for purchase in developments which have qualified' for density bonuses under LUO, shall 2.1. Only be sold to individuals or families whose: 2.1.1. Annual income does not exceed 130% of the median income for families in the MSA. 2.1.2. Net assets, excluding pension plans and IRA's and excluding the down payment (to a maximumof20percent ofthopurchase prido) and closing costs, do not exceed $20,000 for a family or $130,000 if one family member is 65 years or older. 2.2. Have a purchase price not exceeding the following amounts: Type of Unit Purchase Price (revised annually) The purchase price shall be annually revised in May of each year by the City's Department of Community Development. The annual revision shall be calculated by multiplying the current purchase price by the annual percentage change in median family income as published by HUD for the MSA. 2.2.1 The purchaser of home-owners association price. nated for afforda~le housing shall not be assessed any intenance fe.es h1addition to the maximum purchase 2.3. Be assured to remain affordable as follows: 2.3.1. FARMER'S HOME ADMINISTRATION (FmHA) - For housing financed by the FmHA, affordability will be assured by the recapture provisions required by FmHA which requires sellers' to repay FmHA for all the subsidies accrued during the period that they resided in the housing. 2- Resolution amending Reso 1993-39 affordability caICG:\legal\PAUL\FORMS\resolution form.wpd In addition, FmHA financed housing shall be subject to a covenant that for the first five years after the initial purchase, resale can only be to individuals from the same income category as the original purchasers. 2.3.2. ALL OTHER DEVELOPMENTS - For all other developments obtaining density bonuses in which the planning action approval includes-fef the provision of affordable housing, affordability will be assured by requiring that the purchasers of the affordable housing units agree to the City of Ashland Affordable Housing Resale Restriction Agreement prior to the issuance of building permits for the units. SECTION 2. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code 92.04.090 duly PASSED and ADOPTED this day of , 2005. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of ,2005. John W. Morrison, Mayor 3- Resolution amending Reso 1993-39 affordability caICG:\legal\PAUL\FORMS\resolution form.wpd CITY OF ASHLAND ASHLAND HOUSING COMMISSION MINUTES AUGUST 15, 2005 CALL TO ORDER Chair Matt Small called the meeting to order at 6:40 pm. at the Community Development and Engineering Services Building located at 51 Winburn Way, Ashland, OR 97520. Commissioners Present: Council Liaison: Staff Present: Matt Small, Chair Alice Hardesty Liz Peck Faye Weisler Bill Street Carol Voisin Don Mackin Jennifer Henderson (new member) Cate Hartzell (arrived at 6:45 p.m.) Brandon Goldman, Housing Specialist Sue Yates, Executive Secretary Small introduced Jennifer Henderson who replaces Kim Miller. Small asked that it be noted in the minutes how much Kim Miller and Amy Korth's (left the Commission a couple of months ago) efforts were appreciated by the Commission. APPROVAL OF MINUTES MackinIVoisin m/s to approve the minutes of the July 18, 2005 meeting. Voice Vote: Everyone approved. WeislerNoisin m/s to approve the minutes of the July 23,2005 meeting. Voice Vote: Everyone approved. PUBLIC FORUM HULZ spoke regarding Dapper Dell's, the solar learning center, an idea he has for high- end homeless people. He is still working on it. He said it really works. OTHER BUSINESS FROM HOUSING COMMISSION MEMBERS New and Miscellaneous Commissioner Discussion Items Not on the Agenda Small recalled that each subcommittee was going to look at their priorities one last time and report to the Commission at this meeting those priorities along with a timeline for getting the work done. He thought vulnerable properties should be part of the Land Use subcommittee. Henderson expressed an interest in working on the Land Use subcommittee and perhaps Finafil~e. Hartzell asked to be involved in the Land Use subcommittee for at least a couple of meetings. She asked Goldman to update the matrix and add it to next month's agenda. The Commissioners discussed the Action Items mentioned on Page 4 of the June 23, 2005 study session and what subcommittee would be involved with each item. . Creating a list of vulnerable properties. (Land Use) · Inform the Downtown Plan Committee that public lots should be available for work force housing. (Education) · Review information regarding density bonuses and condominium conversions for affordable housing provisions. (Land Use) . Have a conference call with Fannie Mae regarding employer assisted housing. (Education) · Have a conference call with HUD regarding section 108 loan program. (discuss at this meeting) · Request that other public bodies establish a liaison to the Housing Commission. (Education) Goldman was going to draft a letter to Parks, School Board, Planning Commission, Conservation Commission and SOU. · Housing Commission members to be liaisons to public bodies. Parks - Street/Schools - Hardesty/ Planning Commission - Mackin, Peck, Henderson · Draft letter for Housing Commission to send to ICCA regarding future use of 144 Second Street. Agl~nda item for tonight. · Determine legality of restricting housing to families only. Goldman found out you can restrict housing to families. People with children are a protected class. ASHLAND HOUSING COMMISSION MINUTES AUGUST 15, 2005 . T The Education Committee drafted Voisin to be chair and she recommended that the other committees do the same. April is supposed to be the month we elect officers. Henderson moved to retain Small as Chair and Weisler as Vice Chair until April. The motion died for lack of a second. It was agreed this item will be discussed at the September meeting. Diana Goodwin-Shavey, former Housing Commissioner, will be in town on August 19th and offered to make herself available to spend some time answering questions of Housing Commissioners. Goldman will e-mail her and find out exact times and let the Commissioners know. Goldman will get an updated copy of the HUD housing in AsWand. The Commission agreed that committees should consider asking for community volunteers to help them. Hartzell suggested, if it is approved by Legal, that a committee could establish an advisory group, especially Finance. NEW BUSINESS Interfaith Care Community of Ashland update Goldman said Sharon Schreiber, Director of ICCA, indicated the property on Second Street is for sale. Any sale is contingent upon ICCA finding another location in AsWand to purchase and operate services. Their goal is to continue operations in AsWand and not pull the equity out of AsWand. They are looking for a site out of a residential area. Goldman said he will draft a letter to ICCA complimenting them on their desire to stay in AsWand and encouraging them to continue their services here. Discussion on recommendation to Council regarding additional Housing Staff Gino Grimaldi, City Administrator, is willing to speak to the Housing Commission on September 19th. Goldman will itemize his responsibilities, prioritizing by percentage of time spent on each task. Small asked Hartzell to be prepared to talk to Grimaldi at the next meeting. She agreed. OLD BUSINESS SDC Deferral Program Changes Goldman said since this was last presented, he has contacted non-profit and for-profit housing developers for their input into the proposed changes to the SDC program. He received a letter from ACCESS, Inc., outlining their concerns. Thle proposed changes are suggestions to clarify the SDC program as it relates to other sections of our code, namely the zoning ordinance and the annexation ordinance that establish that units have to sell between 60 and 120 percent of median income or rent to those qualified households. There is nothing in the SDC program that establishes what an affordable purchase price is for the different income levels. As a result there is a potential that someone can create a unit that meets the zoning requirement and targeted to someone at 60 percent of median income. The concern is that they may not be able to afford it if they have purchased it at the current maximum purchase price. (Refer to Goldman's memo of May 25,2005 and his chart of examples.) The table establishes how much a montWy payment will be. The rationale behind it is not to establish a maximum purchase price but rather say a household cannot spend more than 30 percent of their income and if they get a better interest rate they can then afford a higher dollar value for the home. If their interest rate is lower, the house would have to have a lower selling price. In other words, it shifts the focus from the current SDC program from a maximum purchase price to maximum montWy mortgage. Whenever a unit transfers, it would be held to this program. However, a provision could be added to protect the first time buyer to establish the resale amount so it cannot be less than their original purchase price. The letter from ACCESS has asked what would happen in the case of a hardship. Goldman said in the event of a transfer, if it is a qualified transfer, an owner would not have to pay the penalties. The penalties would only kick in if an owner wanted to get out of the program by paying SDC's to sell the home at market rate. There are less than a half dozen homes that fall under the SDC deferral program each year. These are now dee:d restricted. Goldman said the program could be a voluntary "in" but with no voluntary "out". That would keep a unit affordable for 30 years. It would be Staffs recommendation that units will remain affordable for a 30 year period and that the developer would be exempt from paying the Community Development and Engineering Services Fee. W eisler said in the hardship cases, would there be an entity that could buy it and hold it in affordability for the short term? She would like the City to have the right offrrst refusal. Henderson said there is a model in ACLT. Is the Commission favorable toward a minimum period of affordability or a voluntary in/voluntary out? Does the Commission wish to have the purchase price correlated to income (30 percent for a mortgage) or a maximum? Should utilities be included? For simplicity, it would be better to do things that can be tracked over time. PUBLIC HEARING ASHLAND HOUSING COMMISSION MINUTES AUGUST 15, 2005 - T MELANIE MINDLIN, Fordyce Co-Housing, strongly supports going to a case by case basis for SDC deferral. She would encourage them to go to 35 percent to encourage buyers to put together their best package and she would like it tied to percentage of income. She would not prefer to have a term of affordability and have as little overlay as possible. All it does is get in the way of what the non- profits are doing. She has a pet peeve about limiting equity on those creating affordable housing and buying affordable housing. SHELLEY AUSTIN, ACL T, agreed with most of what Cyndi Dyer of ACCESS said in her letter. With regard to the period of affordability, if there is any deferral program that has a disincentive for getting out of the program, anything less than 30 years, there should be a $10,000 penalty. We've seen in Ashland so many times where the SDC's have been paid off and the units fall out of the program. Goldman said he'd come back with answers to questions and a draft resolution. Hartzell asked Goldman to craft some optional language in the resolution for the points that have been brought up. SUBCOMMITTEE REPORTS Liaison Reports Parks - Street spoke with Mike Gardiner, Parks Commission Chair. They've met twice with the School Board and City Council. They will be meeting again on September 8th at the Council Chambers at 7:00 p.m. and affordable housing is at the top of the list. However, Gardiner doesn't see that Parks will be very involved affordable housing solution. Street will talk with the other commissioners to try to persuade Gardiner to shift a little bit. Schools - Hardesty met with Ruth Alexander, School Board member and she is very interested. Hardesty has met with Amy Patton. They are just talking at this point about how they can work together. Alexander is interested in coming to one of the Housing Commission's meetings. They talked about the idea of little working groups that could be made of up of two to three Housing Commission members as well as informal discussion with the School Board members that would include Juli DeChiro, Superintendent of Schools. Planning - Mackin said he and Peck attended the Planning Commission meeting to talk about condominium conversions. It will be coming back to a Planning Commission study session, maybe on July 23,2005, 7:00 p.m. at the Council Chambers. Conservation - Weisler asked them if they could support energy conversation for affordable housing. There is a possibility of dedicating the sale of green tags for solar panels for affordable housing. They would have to go to the Council for approval. At the end of the year, dedication of the proceeds will be decided. They might also consider applying for a grant from the Bonneville Environmental Foundation. Education - Voisin reported they have a call to Fannie Mae on how to best devise a survey to take to employers. They will establish a time when a Fannie Mae representative can be a part of an employer assisted housing workshop (probably November) and the outcomes they are looking for. Future meetings are August 29 at 5:15 p.m. and September 12, 5:15 p.m. Next Quarterly Study Session There are two October dates - the 15th or the 22nd for a meeting with Darcy Strahan from the State. Goldman will target the 22nd and let Strahan know soon. The meeting time will be 8:30 a.m. to 2:30 p.m. The Commission will have Strahan fi)r about 1 Y2 hours. CITY COUNCIL L1THIA LOT PROPOSAL The Council heard the proposals on August 3rd. They've set a Special Meeting for August 30th at 7:00 p.m. for this item alone. Goldman is expecting a decision at that meeting. Hardesty will be there and she encouraged others to attend the meeting and come prepared. Staff will have a separate recommendation from that of the Housing Commission. Goldman said Kendrick submitted a Performa showing what their project is built on. He will check with Legal to see if it admissible. Hardesty, Mackin and Street volunteered to go to the Council meeting. AGENDA ITEMS FOR NEXT MEETING Discussion of whether or not to vote for a new Chair and Vice Chair. ADJOURNMENT - 8:45 P.M. ASHLAND HOUSING COMMISSION MINUTES AUGUST 15, 2005 ASHLAND HOUSING COMMISSION MINUTES JUNE 13, 2005 CALL TO ORDER Chair Matt Small called the meeting to order at 6:35 p.m. at the Community Development/Engineering Services Building in the Siskiyou Room located at 51 Winburn Way. Commissioners Present: Absent Members: Council Liaison: Staff Present: Matt Small, Chair Faye Weisler Bill Street Alice Hardesty Carol Voisin Don Mackin (arrived at 7:45 p.m.) Liz Peck Cate Hartzell (absent) Brandon Goldman, Housing Specialist Carolyn Schwendener, Account Clerk APPROVAL OF MINUTES Before the minutes were approved Matt Small announced that Kim Miller is resigning from the Commission due to health concerns. Mr. Miller is interested in coming back in the future if he receives approval from his doctor. It was noted that Susan Yates and Brandon Goldman did a masterful job with last month's minutes. HardestyNoisin m/s to approve the minutes of the May 25,2005 meeting. PUBLIC FORUM Allan Sandler inquired if he would be able to speak on item number five the Lithia Parking Lot Proposal. Mr. Goldman explained that he had previously told respondants that the public hearing had been closed and that it would be up to the Commission to decide if they want to allow more public testimony. It was decided by Small that since the public forum was closed last month it should not be reopened. Goldman shared that all applicants or interested parties will be able to speak before the City Council on that agenda item. Aaron Benjamin spoke regarding two items he wanted to bring before the Commission. Mr.. Benjamin stated that the Charter Review Committee made it very clear that it will recommend to the Council that the Park Commission remain independent and that Commissioners be elected. Benjamin requested that the Commission make a pitch to the Charter Review Committee to make a recommendation to encourage joint use of publicly owned land. Benjamin's second topic for discussion was that he wanted Goldman to give a progress report on the joint project that was undertaken by the University Department of Geography and the Housing Commission. Commissioner Hardesty addressed Mr. Benjamin's first comment. Hardesty stated that after talking with some of the Charter Review Members it was her understanding that they felt this was such art enormous change they were reluctant to do so at this time. She encouraged Mr. Benjamin to pursue the issue even though he might have felt it was roundly rejected the first time. Commissioner Street said to remember that the Parks Commissioners are elected and therefore they can make this topic an issue duriltlg the next campaign. He suggested getting Commissioners on the board that are receptive to the idea of collaboration. Mr. Goldman then gave an update to the inventory that the SOU students are working on. Eighteen students participated making maps of each of the neighborhoods that are zoned multi-family. Those eighteen students then went into those neighborhoods to count the number of units per parcel. The - T -----.- buildable lands inventory is structured on how many units per acre could there be but this inventory told us how many units there are on each parcel, said Goldman. The students have completed the inventory work and Goldman will be meeting with the coordinator on June 24, 2005 to go over the information. The coordinator will be imputing the information into the GIS system so that Ashland will have an accurate map that reflects how many units we have on each property in the multi-family zones. Commissioner Weisler wanted to make a follow up comment to the parks discussion. She feds like the real issue for the Commission is the source of funding. Weisler stated that the Commission needs to be advocating for additional tax dollars that would be dedicated for affordable housing. Mr. GoIdman said that there is a potential in working with some of the institutions such as Parks and SOU by doing a transfer of density off of the remaining property. Mr. Goldman gave the example of Lincoln School to explain the transfer of density. It's an opportunity that exists when a portion of the property is designed for parks and they don't need that density. The Commission discussed the idea of sending a liaison to the Parks Department, School Board, Planning Commission and the City Council. Commissioner Street stated the purpose would be to have a spokesperson to represent the Housing Commission. Commissioner Hardesty volunteered to be the liaison to the School Board, Street volunteered for the Parks Commission and Weisler volunteered to be the liaison for the Planning Commission. Hartzell is already the liaison for the City Council. SUBCOMMITTEE REPORTS Commissioner Voisin gave a report from the Education Sub Committee. She presented an item lthey would like the Housing Commission to put on the agenda for the City Council. Voisin said they would like the real estate tax to be put to a vote in 2005. Goldman explained that the City Council could not impose a real estate transfer fee except by vote of the citizens. Voisin clarified that in order to get this item on the City Council July 10, 2005 meeting she requested it be on today's Housing Commission meeting agenda. Voisin/Street mls to approve putting this item on tonight's agenda. Voice Vote: All AYES, Motion passed. Voisin also stated that the Commission is planning on meeting with realtors to talk about the reaI estate tax, both those in favor and those opposed. Commissioner Voisin recommended that the Commission have another study session and each Sub Committee come to that session with some homework done with regard to priorities and a time line for the next year. It was suggested that the study session be Saturday July 23,2005. Goldman will keep everyone informed by email regarding the date. The next Education Sub Committee meeting will be determined at a later date. Finance Committee will be meeting next Monday June 20, 2005 and again on Monday July 11, 2005 from 7:00 p.m. to 8:30 p.m. in the Community Development! Engineering Services Building. OTHER BUSINESS ROM HOUSING COMMISSION MEMBERS Commissioner Street asked if it was appropriate to talk about the mayor's appointment to the Housing Commission. Goldman confirmed it would be vital that the Commissioners touch basis with other people they know who are interested in serving on the Commission and urging them to submit an application. Weisler suggested it might be a good idea rather then individuals suggesting recommendations that the Housing Commission be supportive of a certain individual and recommending them to the Mayor. Goldman said he doubted that a Commission had ever sent a recommendation for an individual forward and that the Mayor appoints positions. He did encourage the Commissioners if they had strong feelings of support for an individual to write a letter informing the mayor. Voisin inquired about where they were with replacing the student liaison. Goldman stated that he had contacted the student government requesting a student liaison and has not heard back. He also spoke with - T professor Acklin and she will voice it to all her classes. Voisin stated that she had a student that would be interested. Goldman told her to have the student submit a letter of interest to the mayor. OLD BUSINESS Lithia Parking Lot Proposal Evaluation: It was decided by the commission to come back to this agenda item in hopes that they would have a quorum later in the evening. NEW BUSINESS Affordable Housing Program Changes and System Development Charges: Currently the city exempts properties that are considered affordable from paying the SDC. Goldman stated that it doesn't exempt them but provides them a loan with no repayment. If the property stays affordable for a period of 20 years the loan is then forgiven entirely. Whenever this is done with a rental or for ownership they have to provide income qualifications for the city to qualify that the person is affordable. That happens every time there is a change of tenancy. Goldman explained there is a deed restriction recorded on the property that requires it to be affordable through a land use action or through public funds going into the project. There is not a deed restriction for those who voluntarily enter the program. Those people can voluntarily buyout of the program by paying off the SDC and 6% interest as it accrued from the time that they took out the loan until the time they left the program. Goldman used the Chautauqua Trace example. Many of those home buyers voluntarily bought out of the program because the SDC were far less then the appreciation. They then could sell the property at full market rate. When the city provides the subsidy units they want to ensure that households are not paying morle then they can afford for the property, stated Goldman. Goldman reviewed the tables that he had included in the Commissioners packet that correlates the purchase price of the house and what someone's ability to pay is. Whether or not to include utilities in the number would be a discussion point for the Commiission. The detriment is that they are higWy variable. What it aims to do is establish instead of a maximum purchase price a maximum ability to pay. After the Land Use Committee has time to review it and discuss it Goldman would like the Commissioners to present either a modification or an elimination of tile existing resolution and then a new resolution would be adopted by City Council that establishes what an affordable housing unit is and what the city will grant a SDC for. Weisler asked what the downside is. Goldman stated that the concerns might be how a maximum monthly cost would effect there ability to get SDC deferrals. Weisler inquired about the success in AsWand with our climate of solar panels. She felt that for affordability it would make since to try and get energy efficient units rather then just an energy refrigerator for example. Goldman talked with Larry Giardina, City Conservation Analyst, who felt that the repayment of the solar panel is 30 years at a $30,000 cost. Weisler felt it would be worth looking into programs that might help with that cost so it doesn't add to the cost of the unit for those needing affordable housing. Hardesty inquired what determines what people can pay. It's an established process. The applic.mt submits an application to the city and Mr. Goldman screens the buyer. He reviews their W-2 and income earning statements to determine what their income level is and then contacts the seller to let them know if they are an eligible buyer. At this time Mr. Goldman reviews about 18 to 20 changes in occupancy a year. Hardesty asked if they should be making a decision regarding this today. Brandon said he has it on next month's agenda. His hope was to begin the conversation but conclude it at next months meeting., Weisler asked Goldman why have a voluntary exit. Goldman explained if they enter the program voluntarily the idea was that it might encourage people to offer an affordable unit that might not otherwise have to. Weisler commented that they probably enter the program originally because they gilt the SDC waived. Should we allow them to get out asked Weisler? Goldman commented that any SDC are mandated under state law that any proceeds for those have to go to provide for city wide systems such as transportation and sewer. Goldman stated that in recent year's non profits have used it more often then private developers though in the coming years he anticipates a shift to more private developers. Weisler would like to have this item placed back on next months agenda. The topic for discussion would be what kind of penalty should be implemented. -r ---y---------.. - Street suggested that instead of assessing a penalty we require that they donate to the Housing Trust Fund. Frame it more positively. Street suggested that perhaps there could be a financial incentive over a period of time. Hardesty asked about paying the SDC up front and them getting rebates back throughout the years. It was agreed by the Commission that the waived SDC up front really helps the home owner and 1they might not like the idea of having to pay it at all. Small asked Goldman about the for profit developers. Does he see any problem with the whole set up with developers and their inability to make ends meet. Brandon offered to talk with non profit large developers in town who are currently proposing annexations and give them the opportunity to come back with an analysis regarding how it is going to work for them. They will be best to tell the commission how it will affect them adversely stated Goldman Commissioner Street asked someone to call Don and Cate so that they could discuss the Lithia parking lot proposal. They cannot forward a recommendation to the City Council without a quorum. Don Mackin arrived shortly after but no one was able to get a hold of Cate Hartzell. COMMISSION COORDINATION City Council Lithia Lot proposal evaluation. It was the legal departments position that it should go before the City Council at the soonest opportunity to limit any kind of suite on behalf of the respondent saying we weren't meeting the provisions of the advertisement. Hardesty suggested that the Commission meet again since they do not have a quorum. Street asked Goldman if he could remind the commissioners of the meeting on the day of it. JULY 18. 2005 MEETING AGENDA ITEMS. Oregon Housing and Community Services Darcy Strahan will be here on July 18,2005 for the meeting. She will have a 10 minute presentation and then be available for general questions about those programs. SDC deferral program changes: Goldman will talk to the legal department about the penalty provisions of that and provide a copy back of a common deed restriction that will be recorded on the property. Goldman will also request developers and non profits to attend. Small mentioned with the SDC discussion next month we will need to include regarding whether to include utilities in that and PITI and to include that too. Weisler asked if there were state incentives currently and local for solar panels or a program that might also offset the cost to the home owner. Goldman stated there was an article in the sneak preview by Don Laws talking about the city engaging in an aggressive way of helping fund solar panels. ADJOURNMENT: The Meeting adjourned at 8:00 p.m. Submitted by, Carolyn Schwendener, Secretary RESOLUTION NO. 93- .J 1 A RESOLUTION ESTABLISHING AFFORDABLE HOUSING INCOME LEVELS AND RENTAL AND PURCHASED COST LEVELS AND REPEALING RESOLUTION 91-32 RECITALS: A. The City of Ashland desires to provide affordable housing for its citizens; and B. The Land Use Ordinance has been amended to provide density bonuses for providing affordable housing; and C. The Land Use Ordinance requires the City Council to adopt a resolution to establish affordability standards to implement the affordable housing density bonuses. The Mayor and City Council of the City of Ashland, Oregon resolve as follows: 1. RENTAL HOUSING. Units designated for affordable rental housing in developments which have qualified for density bonuses under the City's Land Use Ordinance (LUO) shall be rented to individuals or families whose annual income does not exceed 80% of the median income for families in the Medford-Ashland Metropolitan Statistical Area (MSA). This figure shall be known as the "qualifying family income" and shall be determined by the City's Department of Community Development in May of each year from the annual family incomes published by the U.S. Department of Housing and Urban Development (HUD). The rent charged for such affordable rental housing shall not exceed :23% of the qualifying monthly income (qualifying family income divided by twelve) as provided in the following formulas: Studio Apartment 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 23% of the average of 1 & 2 person qualifying monthly incomes 23% of the average of 2 & 3 person qualifying monthly incomes 23% of the average of 3,4, & 5 person qualifying monthly incomes 23% of the average of 4,5,6, & 7 person qualifying monthly incomes 23% of the average of 5.6,7, & 8 person qualifying monthly incomes The City's Department of Community Development shall maintain a table of maximum rent levels permitted under these formulas and shall annually update the table in May of each year. The owner of the affordable rental housing shall sign a 20-year agreement with the City of Ashland that guarantees these rent levels will not be exceeded and that the owner will rent only to families meeting the income limits. The agreement shall bind subsequent owners who purchase the rental housing during the 20-year period. The PAGE 1-RESOLUTION (p:p1anning\afford2.Res) III agreement shall also require the owner to rent to HUD Section 8 qualified applicants and agree to accept rent vouchers for all of the affordable units where applicable. 2. PURCHASED HOUSING. Units designated for affordable housing available for purchase in developments which have qualified for density bonuses under LUO, shall 2.1. Only be sold to individuals or families whose: 2.1.1. Annual income does not exceed 130% of the median income for families in the MSA. 2.1.2. Net assets, excluding pension plans and IRA's and excluding the down payment (to a maximum of 20 percent of the purchase price) and closing costs, do not exceed $20,000 for a family or $130,000 if one family member is 65 years or older. 2.2. Have a purchase price not exceeding the following amounts: Tvoe of Unit Purchase Price (revised annuallv) Studio 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom $75,985 $86,718 $97,665 $108,396 $117,028 The purchase price shall be annually revised in May of each year by the City's Department of Community Development. The annual revision shall be calculated by multiplying the current purchase price by the annual percentage change in median family income as published by HUD for the MSA. 2.3. Be assured to remain affordable as follows: 2.3.1. FARMER'S HOME ADMINISTRATION (FmHA) - For housing financed by the FmHA, affordability will be assured by the recapture provisions required by FmHA which requires sellers' to repay FmHA for all the subsidies accrued during the period that they resided in the housing. In addition, FmHA financed housing shall be subject to a covenant that for the first five years after the initial purchase, resale can only be to individuals from the same income category as the original purchasers. 2.3.2. ALL OTHER DEVELOPMENTS - For all other developments obtaining density bonuses for the provision of affordable housing, afford ability will be assured by requiring that the purchasers of the affordable housing units PAGE 2-RESOLUTION (p:planning\afford2.Rcs) 1m agree to the City of Ashland Affordable Housing Resale Restriction Agreement prior to the issuance of building permits for the units. 3. REPEAL OF RESOLUTION 91-32. Resolution 91-32 is repealed. The foregoing resolution was READ and DULY AJ}PPTED a)),he~ular meeting of the Ashland City Council on the ..L!lE: day of ~, ,1993. ssell E. Chadick, Jr. cting City Recorder SIGNED and APPROVED this ...Je'~ay of (?J~ ,1993. ~-- -~ ~~ . .Catherine M. GolCJen ~ Mayor Approved as to form: ?aJ~~ Paul Nolte City Attorney PAGE 3-RESOLUTION (p:planning\afford2.ResJ ,. City of Ashland Affordable Housing Income and Rental Cost Levels October 19, 1993 Qualifying Incomes for RENTAL HOUSING (as of May 5, 1993) Family Size Annual Income level (80% of median incomEti 1 2 3 4 5 6 7 8 $19,700 $22,550 $25,350 $28,150 $30,400 $32,650 $34,900 $37,150 RENTS for affordable units shall not exceed t~e following: Apartment Type Maximum Rent level Studio 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom $405/month $459/month $536/month $604/month $647/month ,.. - T DOCUMENTS SUBMITTED AT THE DECEMBER 6, 2005 CITY COUNCIL MEETING Art Bullock, 791. Glendower. I'm here to talk about LIDs in the Charter and Laurel LID. I have copies of my remarks for each of you and ask that you include them in the minutes as an appendix. City of Ashland puts liens on homeowners' properties to pay for sidewalks, street paving, bumpouts'T' ' and landscaping city property. To put liens on private property, City uses LIDs, Local Improvement'. Districts. . . ;~'!!f"'\~' By law, LIDs are a quasi-judicial process that applies existing standards to individual properties. Judicial issues are property rights, majority vote, due process of law, ethics, openness and transparency, role of a developer. With the Charter, taxpayers keep saying if it's not broke, don't fix it. LIDs are broke. , ""'_(\C~QJ?~.9. 9..~2~~lt~M,2!~tgT~~~!;Y_~X~H~~,ver4g2 .1}9~~~~gj8~i2il~r}~nd. ~!;l_9..r~Ro~t~9 tb~~, re~u.lts to flarter ReView vmte, who refusea to any of our survey results In their report to you. 92% said City should not the power to put a lien on homeowner properties if the majority of the neighborhood oppose it. 91 % said majority support should be required fo~ the City to implement LIDs. 86% said Public Works should design LIDs behihd closed doors. 96% said Public Works should be holding design meetings without minutes. 91 % said developers should not be entitled to vote for unsold lots. And an extraordinary 99% said homeowners should not be required to sign away their LID voting right just to. get a remodeling permit. Council needs to move forward to clarifying your position on how LIDs should function before Laurel LID goes another farther. Laurel LID is on your council's 2005 project list, yet there have been no public meetings, and it's December. Laurel LID is being designed behind closed doors VI.ithout public participation. City attorney informed me that City's is not required to show LID blueprints to the neighborhood before or after it is approved by Council. City attorney said that City does not have to show property owners what's in the budget, only the total amount. Council needs to change the process from conflict to consensus, using shared desi!~n, open public process, public blueprints, full budget details, building community based on a high-integrity, good- government process. Council needs to fix the LID process before Laurel LID unfolds. This does not need be time- consuming. We could do it in 3 months, following the AFN model. AshlandConstitution.org volunteers to work with one or more councilors t9. hash out the issues, work on an ordinance and/or Char~er amendment, and fix LIDs. I ask, you to put LIDs on the agenda for tonight to discuss briefly and decide if you want to move forw~rd on fixing LIDs so Laurel LID is successful and builds community. Thank .you. , Public comment for' Dec 6re fRV-Ashlancf" 'v <<~ ,;"_"<<._ W"", ,",' ~/,,.. :::'~ '~:":.::'.:":::,::::~'::::::~'a[e~j] From: To: Date: Subject: "Pam Vavra" <pam@nv.net> <council@ashland.or.us> 12/6/2005 2: 11 :37 AM [Council] Public comment for Dec 6 re IRV-Ashland Dear Mayor Morrison and City Council Members, Please accept my following comments as Public Input for your December 6 meeting, for the record: The deadline for council to submit ballot measures for the March Election is, I believe, the first week in January. I would be remiss if I were to let an election cycle pass without requesting that you consider placing the IRV-Ashland measure on the ballot. IRV-Ashland is a proposed charter amendment to require a majority vote with instant runoff for all single-seat elections for city office. Instant runoff voting (IRV) is considered the top most-needed election reform measure nation wide, because it eliminates both the spoiler effect and the concept of wasted votes. As you know, here in Ashland, IRV was the number one recommended charter change called for by the public during the most recent charter review process; but sadly, the Charter Review Committee did not have adequate time to study it. IRV is sorely needed in Ashland. In two recent elections councilors have won with less than 31 and 36 percent of the vote, meaning that roughly 2/3 of the public voted for someone other than the winner! IRV would ensure that elected officials have the support of the majority of voters. When I spoke to you about this last July, asking you to place IRV on the ballot for the November Election, Mayor Morrison was in the hospital, and the CRC had just that night presented its final report All but one of you (Le., five out of six councilors) said you were in favor of IRV, at least in principle. You declined to act on my request at that time, however, citing lack of established criteria, and a desire to consider IRV in conjunction with other recommended charter changes that you hadn't yet had time to digest. In the four months since then, you have had three study sessions regarding the CRC recommendations. You have also rejected one other proposed ballot measure based on its merits. Also in the meantime, it may interest you to know that IRV-Ashland proponents made a brief push for signatures in order to spread awareness and test the waters. In 10 days, we gathered nearly 500 signatures, of which 400 have been validated by the County Elections Office (to which the City Recorder will no doubt attest). We can continue getting signatures, if we must. We can also raise the $200 needed to place IRV on the ballot as a completed initiative, if you refuse our request. But, the initiative process is intentionally made to be an arduous one, costly in terms of volunteer time and effort. The initiative petition is supposed to be the avenue of last resort, used only when elected officials refuse to listen to their constituents, or to demonstrate support for something the elected officials do not think is wanted. I ask that you follow the clear will of your constituents in this case, and place the IRV-Ashland measure on the ballot in time for the March Election. Surely, 400 validated signatures obtained in 10 short days should give you ample justification for doing what five out of six of you feel is a good thing, anyway. - T [~.c:I!Q~fa~.fhr!~t~!1se~~~ [C:ou'lcill PubliCE2m[l~nn~r Dec,:~ Fel R~:~!htan<:l ' ,.,<<.:."",:....,,.,."'<-'._.4, m.~ ~. ,....,'~"'":':'.,,.~~_,,____,,______;~ "",:,m,,=,: Page'?") 'M" <, W~, "..".",:",:,,,,,..,,,,,,.:,._._,,.<<<~.w..,~,,,,:,:~..",....,., Thank you for considering my request For the latest information on IRV, including a review of San Francisco's experience with it in November, 2004, see http://www.fairvote,orgl?page=19 . Respectfully yours, Pamela C, Vavra Chief Petitioner, IRV-Ashland 2800 Dead Indian Memorial Rd, Ashland, OR 97520 (541) 488-0434, pam@nv,net PUBLIC RECORDS LAW DISCLOSURE This is a public document This email is subject to the State Retention Schedule and will be made available to the Public, Council mailing list Council@pine.ashland,oLus http://pine.ashland.oLus/mailman/listinfo/council -1