HomeMy WebLinkAbout2009-1103 Council Mtg PACKET
CITY OF
ASHLAND
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
November 3, 2009
Council Chambers.
---- ~-- -1-1-75 E. Main-Street-
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III, . ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
/
V, SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
[5 minutes)
1. Study Session of October 19, 2009
2. Regular Council of October 20, 2009
VI. SPECIAL PRESENTATIONS & AWARDS
1. Presentation regarding Green Business Program
2. Presenlation regarding the Alliance for Community Traffic Safety in Oregon's
Leadership.in Community Traffic Safety Award to Jim Olson
VII. CONSENT AGENDA [5 minutes}
1, Does the Council accept the Minutes of Boards, Commissions, and Committees?
2, Does the Council have any questions about the progress on the Council Goals?
VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form"
prior to the commencement of the public hearing, All hearings must conclude by 9:00 p.m.,
be continued to a subsequent meeting, or be extended to 9:30 p,m. by a two-thirds vote of
council {AMC S2.04.050})
None.
IX, PUBLIC FORUM Business from the audience not included on the agenda. (Tolal time
allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people
wishing to speak to complete their testimony.) [15 minutes maximum}
COliNOL MEETINGS ARE BROADCAST LIVE ON CHANNEL <)
VISIT THE CITY OF ASHL.;\ND'S \\/EI3 SITE AT WWW.ASHL.AND.OR.US
X. UNFINISHED BUSINESS
1. Does the Council want to direct staff to prepare and submit an application to Oregon
Department of Transportation (ODOT) for an Immediate Opportunity Fund (IOF) grant
of up to one million dollars to be used for road construction at the Croman Mill site? [20
Minutes]
2. Should the Council authorize the signing of a land use application Ihat would include
modifications to city-owned, public property along Winburn Way? [30 Minutes]
3. Does the Council.wish to consider a provision allowing for permitted legal fireworks in
the area east of Siskiyou Boulevard and North Main Street prior to approving second
reading of an ordinance titled, "An Ordinance Relating to Fireworks and Amending AMC
15.28.070"? .
XI. - -NEW ANDMISCELI:ANEOUS-BUSINESS- -
None,
XII, ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Should the Council approve first reading of an ordinance titled, "An Ordinance
Amending Ashland Municipal Code Chapter 2.04.090, 2.04.100, and 2.04.110 Relating
to Council Rules"? [20 Minutes]
2. Should the Council approve first reading of an ordinance providing for uniform policies
and operating procedures from advisory commissions, committees and boards? [20
Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
1, Discussion regarding AFR letter
2. Discussion regarding Council Seating
3. Will the Council adopt a Resolution supporting HR3745, the Community Access
Preservation Act, which addresses critical and immediate threats to PEG regulation
(Public Education, Government) and to contact the Oregon congressional delegation to
support passage of the legislation?
4, Discussion regarding default on a Food and Beverage Tax Agreement
5. Discussion on Nudity Ban
XIV. SUMMARY OF MEETING
XV. 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 (TrY phone number 1-800-735-2900). Notification
72 hours prior to the meeting will enable the City to make reasonable arrangements 10 ensure accessibility to the
meeting (28 CFR 35. 102-35. 104 ADA Title I).
COUNCJL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHL.AND'S WEB SITE AT WWW.ASHLAND.OR.I.JS
ASHLAND CITY COUNCIL MEETING
October 20, 2009
Page lof8
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 20, 2009
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg referenced an article in the Oregonian regarding the Infantry Battalion of the 41" Brigade Combat
Team of the Oregon National'Guard (1/186) on the transition in shifts of duty for some soldiers from being combat
ready to hospitality workers at the Joint Visitor Bureau (JVB) Hotel. He went on to note changes in the agenda,
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of October 5, 2009, Executive Session of October 5, 2009, Executive Session of
October 6,2009, Regular Council of October 6, 2009 and Executive Session of October 13,2009 were approved as
presented,
SPECIAL PRESENTATIONS & AWARDS
The Mayor's Proclamation of October 24th as United Nations Day was read aloud,
The Mayor announced vacancies on the Tree Commission, Conservation Commission, Housing Commission, Forest
Lands Commission, and the Citizen Budget Committee.
CONSENT AGENDA
L Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Does the Council have any questions regarding the Annual Valdez Principles report?
3, Should the Council continue to November 17 the first reading of ordinances amending the Ashland Land
Use Ordinance (ALUO) to include Chapter IS.63 Water Resource Protection Zones and make related
amendments of the ALUO and Comprehensive Plan regarding the protection of wetlands, streams and
riparian corridors?
4. Does the Council wish to authorize the City Administrator to send a letter to Ashland Community
Hospital (ACH) that waives the City's right to terminate the Facilities lease and resume responsibility for
operation of the Hospital? '
5, Will the Council ratify the City Administrator's decision to terminate Stage 1 of Water Curtailment?
6. Should the Council approve a resolution to adjust budget appropriations for changes in operational
expenses to remain in compliance with Oregon Budget Law?
7. Will the Council, acting as the Local Contracts Review Board, approve a Contract-specific Special
Procurement requesting approval to directly award a contract for Personal Services - specialized and
highly technical computer programming, troubleshooting and repair service - to Quality Systems
Integration?
Councilor Silbiger requested that consent item #6 be pulled for discussion, Councilor Lemhouse requested that
consent agenda item #5 be pulled for discussion.
Councilor Chapman/Lemhouse m/s to approve consent agenda items #1-4 and #7. All AYES. Motion passed,
Mayor and Council acknowledged staff and citizens who participated in the successful water curtailment period.
ASHLAND CITY COUNCIL MEETING
October 20, 2009
Page 2 of8
Councilor Lemhouse/Silbiger mfs to approve consent agenda item #5. All AYES. Motion passed,
Administrative Services Director Lee Tuneberg explained the $50,000 for the parking study was not anticipated and
not budgeted, However, an increase in questions regarding parking made staff realize there was not enough
information to make the decisions needed, The funds reside in the general fund as part of the parking district and are
. set aside for studies and issues regarding parking.
Council thought the issue should be in the overall urban planning and not focused on parking. The 200 I study was
good, the proposed study would be a duplication of efforts. The Transportation Master Plan would also include
parking. Staff described the recent changes to parking that had prompted the request for a new parking study.
Councilor Navickas/Silbiger m/s to approve consent agenda item #6 to not include the transfer of
appropriations of $50,000 to the General Fund Contingency for a parking study,
DISCUSSION: Councilor Navickas thought the study should go through Planning, there were multiple solutions to
address parking, Councilor Silbiger commented the 200 I traffic study had been comprehensive, the proposed study
was not in the budget and therefore not the time to initiate it. Councilor Jackson saw it as a step in general planning
for the downtown area and suggested the item come back to Council on a future agenda, Roll Call Vote: Councilor
Silbiger, Chapman, Navickas and Jackson, YES; Councilor Lemhouse and Voisin, NO. Motion passed 4-2.
Councilor Jackson/Silbiger m/s that staff bring proposed parking study back to Council for discussion and
approval. DISCUSSION: Councilor Navickas commented the issue should be dealt with more comprehensively and
looking at parking only was not a good way to plan, Councilor Chapman thought the issue of a study should go
through the Transportation Commission. Councilor Navickas added the City was working on the Transportation Plan
that included parking and parking should not be emphasized over any other element in the Transportation Plan,
Councilor Voisin agreed it should go to the Transportation Commission. Roll Call Vote: Councilor Silbiger,
Voisin, Chapman and Navickas, NO; Councilor Jackson and Lemhouse, YES. Motion failed 2-4.
Councilor SilbigerN oisin m/s that staff bring proposed parking study to Transportation Commission for
discussion and approval. DISCUSSION: Councilor Jackson explained this request was whether the Council was
interested in spending money on a study that also included price changes and did not think this was something the
Transportation Commission should decide, Roll Call Vote: Councilor Silbiger, Voisin, Chapman and Lemhouse,
YES; Councilor Navickas and Jackson, NO. Motion passed 4-2,
PUBLIC HEARINGS (None)
PUBLIC FORUM (None)
UNFINISHED BUSINESS
1. Should the Conncil approve" A Resolution Adopting Right-of-Way Encroachment Guidelines, Standard
Forms, Minimum Standards for Functional Items, and the Downtown Sidewalk Usage Map" (hereafter
referred to as 'ROW Guidelines')?
Public Works Director Mike Faught, Associate Engineer Pieter Smeenk and GIS Coordinator Jason Wegner provided
a presentation that included:
. Will Council approve a Resolution adopting Right of Way Encroachment Guidelines, standard forms,
minimum standards for functional Items and the downtown sidewalk usage map (DSUM)
. 2008 Downtown Task Force Recommendations
. Implementing Ordinances July 21, 2009 Effective November I, 2009
. Right of Way Encroachment Guidelines: A Work in Progress
. Materials & Construction Standards
. Placement, Clearance & Spacing Standards
. Pedestrian Clearance Areas
Staff followed the existing ordinance and mapped only the downtown area, The few businesses in violation of the
ASHLAND CITY COUNCIL MEETING
October 20, 2009
Page 3 0/8
right of way were on the map but not specially noted as being in violation,
. Right of Way Encroachments
. Standard Guideline Examples
. Sidewalk Cafes Sample Requirements
. Sidewalk Cafes' \
. Bike Rack Sample Requirements
. Bicycle Racks - On-Street Bike Parking is added
. Publication Racks Sample Requirements
. Publication Racks
Duane Wolf/Phoenix/Southern Oregon Media Group/Explained he was the Single Copy Manager and listed the
publications he oversees for single copy distribution and noted two other distribution agencies involved that had
worked with staff regarding standards for publication racks.
Staff added fees for the newspaper racks would be modest.
. Downtown Sidewalk Usage Map (DSUM)
. Procedures for Abatement/Removal
. Standard Permit Form
. Annual Encroachment Permit
Mr. Faught clarified Ordinance 2990 states a minimum of 50 square feet for sidewalk cafe areas, Additionally, fees
will be separate from the ordinance in a resolution specifically for fees allowing staff to go to the Council for
adjustments or to adapt new standards as needed,
Councilor ChapmanIVoisin m/s to approve Resolution #2009-29. Roll Call Vote: Councilor Voisin, Lemhouse,
Chapman, SiIbiger, Jackson and Navickas, YES. Motion passed.
2. Does the Conncil wish to have staff continue working with the Planning Commission on amending the
Land Use Ordinance with respect to planning application timetable extensions and planning application
timetable tolling?
Community Development Director Bill Molnar gave the staff report and explained the Planning Commission
consensus was to have an amendment that suspended the timetable until a decision was made at The Oregon Land
Use Board Appeals (LUBA) or circuit court. The Commission was split on the recession extension because there
were extenuating circumstances to look at in granting extensions. Other concerns were directed at possible changes in
the land use or ordinance during the extension that might affect the approvals. Mr. Molnar shared examples of what
other cities were doing in regards to the extension, explained the extension process and noted there were currently
approximately 35 projects in various stages of approval since January 2006.
Staff had not yet encountered projects with extensions that had major code changes that would affect the design,
If changes had occurred, the extension would be granted if the applicant complied with them,
Council discussed allowing a second 18-month recession extension, reservations on allowing the extensions, public
policy and requiring a Type I Procedure for tolling or allowing limited extensions.
Staff clarified extensions needed to be filed within the initial12-month period to get a building permit and the first
inspection to validate it. Extensions usually take 2-3 weeks to process. Currently there are 12-24 potential recession
extensions for land use actions and no cases in appeal for tolling,
Council further discussed a one-time l8-month extension that would require an evaluation and reason the applicant
was unable to get funding. Opposition to having any type of extension was also expressed,
ASHLAND CITY COUNCIL MEETING
October 20, 2009
Page 4 0/8
Councilor Silbiger/Jackson m/s to direct staffto develop an amendment to the Land Use Ordinance for a one
additional IS-month extension on land use planning actions to respond to the change in conditions associated
with the economic recession including an end date. DISCUSSION: Councilor Silbiger noted this was one of the
worst economic downturns since The Great Depression. Governments at all levels have responded in various ways
and it was appropriate for the City to respond. Councilor Navickas commented the City needed applications more
congruent with the current economic situation. It would be better for the community to let these projects lapse.
Councilor Lemhouse thought it was unconscionable the City would not allow these extensions. The Federal
Government was assisting industries and it was the City's duty to give these people more time to get funding together.
Councilor Voisin commented the developers who took the risk of borrowing money and were unable to get funding
due to the recession should suffer the consequences like everyone else, Banks were not giving long extensions to
people loosing their homes. Councilor Chapman would support the motion but wanted language restricting eligibility,
proof of hardship and the assurance the structure would be built. Councilor Jackson agreed with the motion adding
Council was using a process already in the code and making a special application in response to the recession, Roll
Call Vote: CouncilorSilbiger, Lemhouse, Jackson and Chapman, YES; Councilor Navickas and Voisin, NO.
Motion passed 4-2,
Councilor Jackson/Lemhouse m/s to direct staffto begin clock on planning applications once all appeals have
been concluded. DISCUSSION: Councilor Jackson did not think the clock should start during the appeals process.
Councilor Navickas eXplained timetables could get pushed far ahead from their initial approval with site-specific or
ordinance changes that occurred in the interim. There should be some form of review before allowing the extension.
Councilor Jackson clarified she intended the same administrative process to apply, Councilor Chapman thought the
timetable would establish boundaries, Co'uncilor Voisin did not see the immediate need for tolling extension. If a
project ran out oftime or there were issues with LUBA, they needed to reapply. Councilor Silbiger commented it was
a matter of fairness; people could lose their projects through no fault of their own, He agreed there should be some
constraints. Councilor Lemhouse supported the motion, noted it needed framework and added as a government the
City strives to protect fairness and equity in the community and that included developers. Councilor Voisin
questioned the warrant of having the policy at this time, Councilor Silbiger responded this would establish a policy in
the event a circumstance occurred. Councilor Navickas added this was in the interest of protecting everyone, and
cautioned on extending the timetable too far. Roll Call Vote: Councilor Silbiger, Lemhouse, Jackson and
Chapman, YES; Councilor Navickas and Voisin, NO, Motion passed 4-2.
NEW AND MISCELLANEOUS BUSINESS
1. Does the Council have any questions regarding the information update on the Siskiyou Fire of September
21,2009 that occurred south of Ashland?
Fire Chief John Karns presented the staff report and explained initially the highest-ranking individual first on the
scene of a fire had authority, The fire was broken down into two areas, structure protection then Wildland. The
expected overall costs will exceed $Imillion. He thanked the GIS staff for providing critical maps and the mobile
command post provided by the Police Department.
Chief Karns gave a presentation that included the following Lessons Learned:
. Importance of a command/tactical communications plan established early in the event
. Importance of an early establishment of Incident Command and Command Staff
. Importance of a Unified Command
. Limitations of Ashland's Wildfire Hotline 552-2490
. Need for a clear emergency policy for the City's website
. Value of streaming 1700 AM on the website
. Need for a locally controlled "mass notification" system
. PIO integration
. Need for better control of residents and general "Lookie-Lou's"
. Had a number of unauthorized home entries
. Need for additional training for Emergency Operating Center (E.O.C.) activations and operations
. Fire Department staffing at the KO.C. needs to increase
ASHLAND CITY COUNCIL MEETING
October 20, 2009
Page 5 0/8
. Need for a vegetation management program in the City of Ashland
. Need to re-evaluate the Wildfire Zone
. Need for better resident education for preparedness and appropriate communications
. Utilize city parks for care and shelter
. Vulnerability of Ashland's water supply
Staff went on to explain funding came from Title 3 Grants for wildfire preparedness around the urban interface and
the weed abatement program was funded through Water revenues, The Conflagration Act will reimburse Ashland's
Fire Resources. Other City resources will apply to Federal Emergency Management Agency (FEMA) through the
County and receive reimbursement of 75% of costs incurred,
Per a request from the Oregon Department of Forestry (ODF), Chief Karns was unable to state how the fire was
started but confirmed both fires that occurred that day were not related,
The Fire Department will mail out a CD to all citizens regarding fire preparedness and education, give presentations
to Civic groups and look at other ways to educate the public regarding fire preparedness and prevention.
Councilor NavickasNoisin m/s to place on an upcoming agenda discussion of general fund shortfalls and
alternate revenue sources to meetthese needs. DISCUSSION: Councilor Navickas suggested setting up a special
taxing district for properties within the Wildland Urban Interface. Voice Vote: all AYES, Motion passed.
2. Does the Council approve of the Mayor's appointments to the Economic Development Strategy Policy
Group and Technical Advisory Committee, as well as the proposed initial layout of the public
involvement?
Councilor Silbiger explained they were in the process of selecting governance and technical groups. Mayor
Stromberg added they would start meeting in November with results targeted for May of20 1 O.
Councilor JacksonNoisin m/s to confirm the Mayor's list of appointments to the Economic Development
Policy Group and Technical Advisory Committee. Voice Vote: Councilor Voisin, Navickas, Lemhouse,
Jackson and SiIbiger, YES; Chapman, NO. Motion passed 5-1.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Should the Council approve second reading of an ordinance titled, "An Ordinance Relating to Liquor
License Review and Amending AMC Chapter 6.32"?
City Recorder Barbara Christensen read the following changes to Section 1. 6.32.050 City Council Delegation; City
Recorder Duties: "The City Council hereby delegates to the City Recorder the ability to process all OLCC
liquor license applications or requests, except for applications for new or renewal licenses, Upon receipt of an
application for a new or renewal liquor license, the City Recorder shall:"
Councilor Voisin/Jackson m/s to approve Ordinance #2995, Roll Call Vote: Councilor Voisin, Navickas,
Lemhouse, Jackson, Silbiger and Chapman, YES. Motion passed,
2. Should the Council approve second reading of an ordinance titled, "An Ordinance Relating to Chain
Requirements for Commercial Vehicles"?
City Recorder Barbara Christensen read the ordinance title aloud that included the change to Definitions 11.22.010
B. Commercial Vehicle: "a vehicle that is used for the transportation of persons or property for compensation
or profit, or that is used in conjunction with a business and the commercial vehicle weighs 10,000 pounds or
more. Commercial vehicle also includes all school buses, regardless or whether the school for which the bus is
transporting students is public or private."
Councilor JacksonNoisin m/s to approve Ordinance #2996. Roll Call Vote: Councilor Silbiger, Chapman,
Jackson, Voisin, Navickas and Lemhouse, YES. Motion passed.
ASHLAND CITY COUNCIL MEETING
October 20, 2009
Page 6 0/8
3. Should the Council approve second reading of an ordinance titled, "An Ordinance Relating to Parking
and Amending AMC 11.24.070"?
City Recorder Barbara Christensen read the ordinance title aloud that included the change to Section 1. 1 1.24.070
Moving vehicle, striking: "No person shall move and re-park a vehicle within the same block, as defined in
AMC 11.0S.0S0, in order to avoid a parking time limit regulation," adding: "If a vehicle is moved and re-
parked within the same block, as defined by AMC 11.08.080, the time period shall continue to run," and
striking: "if the vehicle is moved to another parking space within the same block except that the time period
shall be terminated ifsuch vehicle is moved to a block that does not have a specified time period for parking."
Councilor JacksonlNavickas m/s to approve Ordinance #2997, Roll Call Vote: Councilor Voisin, Silbiger,
Jackson, Lemhouse, Navickas and Chapman, YES. Motion passed.
NEW AND MISCELLANEOUS BUSINESS-continued
3, Should the Council approve first reading of an ordinance titled, "An Ordinance Relating to Fireworks and
Amending AMC 15.28.070"
Fire Chief John Karns provided the staff report that proposed banning fireworks year round southwest of Siskiyou
Boulevard and gave a presentation that included:
. Fireworks Facts
. United State Fire Administration
. Ashland Fireworks Ordinance
. Fire Facts
. It's about Managing the Risk
. Ariel photos of Ashland and the watershed
. Historical Fire Movement
. Why a year-round restriction
Chief Karns acknowledged the previous effort to ban fireworks citywide was unsuccessful and eXplained this proposal
would at the minimum prioritize fire risk to the watershed.
Sally McKirgan/351 Bridge Street/Supported the fireworks ban above the boulevard but thought it would increase
fire danger below the boulevard. Ashland needed an equitable solution that was good for the entire City.
Carl McKirgan/351 Bridge Street/Explained the Fire Department's CD mailing would be a good time to promote
fireworks prohibition. He shared experiences from a fire in San Francisco, compared the landscape there with
Ashland, and agreed on a citywide ban of fireworks.
Graham Lewis/152 N Pioneer/Explained how a fire in Ashland on a previous Fourth of July was started by
fireworks. He supported and encouraged a citywide ban on fireworks.
Council discussed a potential citywide ban and the difficulty of enforcement. Police Chief Terry Holderness
Confirmed the difficulty of enforcing a citywide ban noting this would be a cultural change that would happen
gradually over the next 5-7 years, Banning fireworks above the Siskiyou Boulevard would have officers enforcing the
ordinance in that area more than below the boulevard where there would be a likely increase in fireworks use,
Councilor VoisinlNavickas m/s to amend the ordinance to read that the use of fireworks be prohibited at all
times in all areas ofthe City. DISCUSSION: Councilor Chapman wanted the most effective decision and would
support the ordinance, Councilor Navickas thought it was another step in protecting the watershed and fire
prevention. Councilor Silbiger noted the City would lose the family fireworks experience and unfortunately the
illegal fireworks would remain, Councilor Lemhouse added this would further protect the town and made logical
sense. Councilor Voisin commented the ordinance was a protective measure. Roll Call Vote: Councilor Navickas,
Silbiger, Chapman, Lemhouse and Voisin; YES. Councilor Jackson, NO, Motion passed 5-1.
ASHLAND CITY COUNCIL MEETING
October 20, 2009
Page 70/8
City Recorder Barbara Christensen read the ordinance title, changes to the ordinance and the amendment to prohibit
fireworks citywide, aloud.
Councilor Jackson/Chapman, m/s to approve first reading of Ordinance and place on agenda for second
reading, Roll Call Vote: Councilor Navickas, Jackson, SiIbiger, Chapman, Lemhouse and Voisin, YES.
Motion passed.
4. Does the Council want to direct staff to prepare and submit an application to Oregon Department of
Transportation (ODOT) for an Immediate Opportunity Fund (IOF) grant of up to one million dollars to
be used for road construction at the Croman Mill site?
Councilor Silbigcr declared a conflict of interest
Councilor Chapman/Jackson m/s to excuse Councilor Silbiger from the discussion. Voice Vote: all A YES,
Motion passed,
Councilor Silbiger left the meeting at 10:25 p,m,
Project Manager Adam Hanks explained how the grant was connected to job creation with the City as a pass through
entity for the owner-developer of the property and limited to roadway construction only. Larry Holzgang from
Business Oregon was available to answer questions.
Staff further explained an intergovernmental agreement (IGA) would exist between the City and ODOT.
Additionally, the City would have contracts with the developer and business owner regardingjob creation that would
secure the money should job creation not occur. Actual road location and other improvements would be determined
prior to project execution,
. .;
Mr, Holzgang eXplained the project did not require a certain employment density overall just a job !creation
requirement with Plexis as the first tenant The number of jobs would determine funding and Plexis would be
responsible for creatipjj \!Jose jobs or incur a repayment requirement Staff added it would be a development
agreement and trust~fQre the City would hold the property as collateral. The owner of Plexis would sign an
agreement with the City prior to any action.
Councilor Jackson/Lemhouse m/s to direct staff to prepare a grant submittal to provide the opportunity for
Council to review prior to formal submittal,
Further discussion was delayed due to time cQnstraints.
5. Should the Council authorize the signing of a land use application that would include modifications to
city-owned, public property along Winburn Way?
Delayed due to time constraints.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
l. Discussion regarding AFR letter,
Delayed due to time constraints,
2. Discussion regarding Council Seating.
Delayed due to time constraints,
>
3. Will the Council adopt a Resolution supporting HR3745, the Community Access Preservation Act, which
addresses critical and immediate threats to PEG regulation (public Education, Government) and to
contact the Oregon congressional delegation to support passage of the legislation?
Delayed due to time constraints,
4. Discussion regarding default on a Food and Beverage Tax Agreement.
ASHLAND CITY COUNCIL MEETING
October 20, 2009
Page 8 0/8
Delayed due to time constraints.
SUMMARY OF MEETING
Delayed due to time constraints.
ADJOURNMENT
Meeting was adjourned at 10:31 p,m,
Barbara Christensen, City Recorder
John Stromberg, Mayor
CITY COUNCIL STUD Y SESSION
October /9. 2009
Page /of2
MINUTES FOR CITY COUNCIL STUDY SESSION
Monday, October 19, 2009
Siskiyou Room, 51 Winburn Way
Mayor Strornberg called the rneeting to order at 5:31 p.m.
Councilor Navickas, Chapman, Silbiger and Voisin were present. Councilor Lemhouse arrived at 5:35
p,rn, Councilor Jackson was not present.
1. Look Ahead Review
City Administrator Martha Bennett reviewed the iterns on the Council Look Ahead.
2. Discussion regarding will the Council review and discuss the possible grant of a Conservation
Easement encompassing the Imperatrice property?
Public Works Director Mike Faught and Engineering Services Manager Jim Olson introduced Diane
Garcia from the Southern Oregon Land Conservancy (SOLe). Director of Electric Utilities Dick
Wanderscheid spoke on the possibility of using the property for renewable resources noting it would not
be needed for 7-10 years and would have to be sold as a flat block of power based on the contract
structure with Bonneville Power Administration (BP A). Currently renewable resources were not sold as a
flat block of power.
Mr. Olson explained seven tax lots comprise the property with over 800 acres broken into north and south
sections. The goal was to put as few restrictions as possible on the lower section. The conservation
easement was a permanent document that would follow the land when sold. The lower three tax lots
would have one restriction prohibiting subdividing or partitioning. The upper four lots would have
additional restrictions to protect the view shed, grasslands, wild life preserve and other native plants. Tax
lots 100, 600 and 700 would have full restrictions and tax lot 500 reserved for effluent spray if applicable.
The effluent was part of the original purchase agreernent and left in the conservation easement in case of
need. The Water Master Plan and Wastewater Master Plan coming late 2009 will address the effluent and
temperature issues and take approxirnately two years to complete. If effluent was not used, Council could
rnake the easement more restrictive but not less.
Pros for the easement included that it would effectively protect the upper portion of the property and the
easement could be written for whatever uses the City deerns desirable including power type reserve.
SOLC would be the grantee, have legal enforcernents and act as a third party arbitrator. If there was an
RFP process, SOLC would help adrninister the upper lots only. Cons included the difficulty to terminate
the easement, the easement could reduce future value, sale ability, and not knowing the real market value
on the easement until it was in place.
Miss Garcia clarified conservation easements rarely reduce the property value and conservation properties
receive a special assessment. Staff added that exernption from property taxes was based on property use
and the City could be liable for use that was inconsistent with the easement.
Council debated going through an RFP process, establishing the easement prior to the RFP or creating the
rnaster plan first. Concern that focusing on a master plan would be a significant shift in Council priorities
was expressed. Council decided to complete the master plan first and directed staff to bring it back as an
agenda item for the regular meeting in November.
CITY COUNCIL STUDY SESSION
October /9, 2009
Page 2 of2
3. Discussion regarding what direction the Council has for further development and eventual
adoption of an intergovernmental relations plan and policy?
City Administrator Martha Bennett eXplained there were two parts to the intergovernmental relations plan
and policy, the procedural part that would remain static and the agenda part that will require annual
updates. The Guiding Principles drive the entire docurnent. Council and staff discussed the importance
of the Mayor and Council to represent the official position of the City when dealing with any other level
of government. It was the responsibility of the Mayor and Council to notify the City Administrator and
City Recorder when these types of interactions occur.
Ms. Bennett went on to explain the City would seek earmarks or specific funding requests if appropriate.
State agency contact should be a peer relationship between staff and agency and Council should go
through staff to reach those agencies accordingly, Staffs role in conjunction with the League of Oregon
Cities and State Government was described. That the City rnay not always support the League's stance
on issues was eXplained as well. Council suggested deciding what was important statewide to the City
prior to League meetings.
The need for Council to represent the City regarding regional relationships even when the City did not
have an official position was iterated.
Staff asked for Council input for discussion during a future Study Session.
Meeting adjourned at 7:30 p,m.
Respectfully subrnitted,
Dana Srnith
Assistant to the City Recorder
ASHLAND AIRPORT COMMISSION
September 1, 2009
MINUTES
MEMBERS PRESENT: LINCOLN ZEVE, RICHARD HENDRICKSON, LARRY GRAVES, RUSS SILBIGER,
ALAN DEBOER, BILL SKILLMAN, ALAN BENDER
STAFF: SCOTT FEURY
MEMBERS ABSENT: TREGSCOn, DAVID WOLSKE
Visitors: Dave Ridsdale
1. CALL TO ORDER: 9:30 AM
2. APPROVAL OF MINUTES: August 11, Motion by Graves for approval, second by Skillman,
unanimous vote, minutes approved as amended.
3. Additional Items: (1) Sandler Lease (2) Brown Bag Lunch (3) Waiting List Procedure (4)
City of Ashland Airport-Jackson County
4, Public Forum: No Public Comments
5. OLD BUSINESS:
A. AlP Project Engineering Design: Fleury informs Commission that he received
information from consultant regarding a change in possible construction of the
runway overlay project, The funds might not be available until fall 2010 or even 2011.
The new FAA liaison to the Ashland Airport stated this to ReidMiddleton. Fleury also
stated that do to the mountains near runway 30 (Beacon Hill) the FAA is
recommending that no P API lights be installed for runway 30 and the V ASllights be
removed. The Airport Commission has a serious concern over this statement,
because if the V ASllights were removed this would eliminate night landings at
Ashland Airport. The request Fleury to research more into this manner and discuss at
next meeting. Fleury to speak with FAA and consultant regarding the lighting
situation.
B. Insurance Requirements: Fleury states that he is receiving the 1" amendment
documents from tenants and there insurance binders for the required 1 million
dollars, Fleury created a spreadsheet to track all required information on hangar
tenants,
C. Wash Rack Operation: Fleury states the wash rack is functioning properly and still
plans to post an "only rain the drain" stencil along with some information regarding
the wash rack use. Fleury would like to continue discussion next month regarding
recycling policies in general at the Airport.
D. Goals and Visions: No new information regarding presentation from Silbiger last
month, Commission members need to fill out survey and return it to the City, The
survey is due back to the City of Ashland by September 21,2009,
E, Sandler Lease: Staff informs Commission that Sandler was granted a one month
extension to his current lease and that the extension was approved via consent
agenda. Commission questions why the extension to the current lease was granted
and will the rent charge be retroactive for the time? Motion by DeBoer; With regards
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to the Sandler lease which expired 8-14-2009 and as per the charge of the City
Council and its own goals to maximize revenue no payments should be missed as
shown on the Council approved rate sheet and lease template, The Airport
Commission is available to the Council for consultations and recommendations as
needed on any matters. 2nd by Skillman, all approved, Motion by DeBoer; As a
general operating procedure for the Ashland Airport, any hangar tenant that leaves
after there first right of refusal to rent a hangar and the hangar sits un-rented at the
current approved rate will be given first chance again to rent the hangar after an
approved rate reduction becomes available, There must be a good faith effort to
rent the hangar at the highest rate before a reduction is pursued, 2nd by Skillman, all
approved, The Commission discusses having a study session with the City Council at
some point in the future to help them understand the operations of the Airport and
all business Airport related, Fleury would like the Commissions help in creating an
informational packet to give to the City Council that discusses the benefits, uses and
all applicable information, Fleury to start work on a packet and over the next couple
of meetings and refine it with the assistance of the Commission before giving it to
the City Council.
F, Box Hangar waiting list procedure: The box hangar waiting list is a separate list from
the T-hangar list and was created by Skinner after recommendation of the City.
Skinner Aviation to maintain list and the deposit is the same as a T-hangar. Skinner to
notify people on existing T-hangar waiting list that there is now a separate waiting list
for box hangars.
6, NEW BUSINESS:
A. ODA Economic Impact Study: Fleury put the ODA economic impact study that
related directly to Ashland in the packet along with the SOU economic impact
study performed on 2005. He would like Commission to review both studies in order
to develop an informational packet to send to the City Council on the benefit of
having a regional airport in Ashland. Zeve asks Bender if it would be possible to have
some SOU students perform the study again. Bender to look into it.
B. Airport Website: Graves presented overview of Airport website to Commission. He
asks the question about what are goals of having a dedicated Airport website,
Commission states that the website is approximately 7 years old and was created
with volunteer help from Commission members at the time. Goa Lobaugh helped
update small things while still on Commission. Commission agrees that the website is
outdated and would like to update and improve website to better market the
Airport and Ashland in general, The Commission believes the website good be a
good promotional tool and is open to the idea of advertising on the website to
offset cost of improvements and hosting. Silbiger mentions that the City has there
own website platform and that we should look into what assistance if any the City
could provide to improve the website internally. Fleury to contact Ann Seltzer to see
if anything can be done internally to keep costs low. Graves offers to rneet with
Seltzer to discuss improvements to site.
C, Medford Tower Tour: Bender states that the Commission can tour the new Medford
Tower at any point and if they would like to go as a small group that is perfectly
acceptable, DeBoer states that anyone can tour the tower all they have to do is
call ahead and schedule. Commission members to get together at some point and
tour the tow\,r.
D. Jackson County Control of Airport Discussion: Bender states that he had a
conversation with Bern Case regarding the possibility of control of the Ashland
Airport changing from the City to Jackson County. Bender states that the City of
Medford used to own Medford International Airport, but that it was transferred to
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Jackson County control to better serve it, Commission discusses pros and cons of
having Jackson County ownership of the Ashland Municipal Airport. Hypothetically
there would be more staff available to work on Ashland Airport projects with only a
marginal increase to the workload of Jackson County employees. The question of
political impact was brought up. Would County control change the political climate
here in Ashland, would Ashland citizens be will to travel and deal with others on
Airport issues. The Commission believes now that they help with the citizen
interaction and try to solve problems as they receive them. They wonder if Ashland
citizens needs will be met with County control of the Airport. Hendrickson states that
he believes there is no political issue with regards to the Ashland City Council. Some
people may think the Airport is a luxury, but they do not understand fully what
functions a regional airport like Ashland offer. Hendrickson states that he believes a
majority of the Councilors and Mayor approve of the Airport. Hendrickson also states
that Senator Merkley's staff was flown around the Klamath Basin recently and they
flew out of Ashland Airport. Governor Kulongoski recently flew into Ashland Airport
for a function in Ashland. Commission would like to have better PR/Marketing of the
Ashland Airport, because many people do not know things like this, Commission also
wonders if Ashland would receive any benefit from the economy of scale, Jackson
County Airport would receive more money based on having control of Ashland, but
would they actually invest that money into the Airport. Bender states that essentially
Ashland Airport is a reliever airport for Medford as the case with fog in winter, planes
and deliveries are sent to Ashland when they can not land in Medford. Commission
would like to investigate possibility of being designated a reliever Airport for
Medford, Commission would like to see if the reliever designation would also lead to
more money being funneled down to the Ashland Airport for maintenance and
improvements, Graves asks the questions what problem are we trying to solve by
Jackson County taking control of the Ashland Airport? Commission does not believe
they would be solving any problems.
E. Ashland Municipal Code-Airport Commission: Silbiger states that there is a statement
in the code update that states all Commission members are required to have
aviation related experience. The Commission has a concern that using "all" will
make it harder to fill vacant positions on the Commission and can be misconstrued
as exclusionary. The Commission would like to see any citizen have the chance to sit
as a member, Motion by DeBoer to change the word "all" to "majority", 2nd by
Hendrickson, all approved. Fleury to contact legal and Diana Shiplet to see about
having code wording changed.
7, AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION:
A, stotus of Airport, Financial Report. Review of Safety Reports: Skinner states that
the open T-hangar was vacant because they are the lease desirable hangars to
rent at the Airport, They contacted numerous people and finally found a taker.
Skinner also states that the hangar turnover during the past few months has been
higher then ever before and he assumes that it is due to the economic situation.
Skinner states that the accounting error from last months billing has been
updated and should show on the newest FBO monthly report. He also states that
fuel prices have been stable for the past few months.
B, Maintenance Updates - Silbiger stated that the SuperAwos is now updating
every 20 minutes instead of every 60 minutes. Fleury states that once fire danger
is lifted he will have the willow trees removed across from Hassels.
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8. OTHER:
The meeting of the JC airport commission is the third Monday of the month at 12:00 PM,
9. NEXT MEETING DATE: September 1. 9:30 AM
ADJOURN: Meeting adjourned at 11: 16
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Minutes
Attendees: Tom Burnham, John Gaffey, Eric Heesacker, Julia Sommer (Acting Chair),
Matt Warshawsky, David Young
Absent: Brent Thompson, Colin Swales
Ex Officio Members: Brandon Goldman, Nathan Broom, Eve Woods, Steve MacLennan.
Scott Hollingsworth, David Chapman
Staff Present: Mike Faught, Nancy Slocum
I. CALL TO ORDER: 6:02 PM
II. APPROVAL OF MINUTES:
Sommer made spelling corrections to the minutes of July 21,2009, She noted that Danielle Mancuso
presented Mountain Meadows' Transit Needs. Burnharn moved to approve the minutes as amended,
Young seconded the motion and it passed unanimously.
III. PUBLIC FORUM
Egon Dubois thanked the Public Works Department for the installation of the bike parking stations.
Warshawsky thanked Faught and staff for the construction of the Siskiyou / Garfield pedestrian safety
improvements.
IV. ADJUSTMENTS TO THE AGENDA:
The order of the agenda was changed as follows to accommodate guests.
V, BUSINESS
A. Establish agreement on public forurn protocol
In order to get though future agendas, Sommers recommended the Public Forum section be limited to 5
minutes per person or 15 minutes total. This time limit would not include discussion by the Commission;
however, the Comrnission would have the opportunity to put an item on a future agenda.
Young rnoved to use 5 minutes per person and/or 15 minutes total for the Public Forum portion of the
agenda. The Commission would then have the option to place a presented item on the present agenda or
reconsider it as a future agenda itern. Heesacker seconded the motion and it passed unanirnously.
Egon Dubois recommended a sign up sheet as is done at City Council meetings.
B. Will Dodge Wav neighborhood meeting, August 26.2009
Staff distributed copied of Resolution No. 90-51 whereby the City Council designated Will Dodge Way
in a Southbound Direction from Pioneer Street to First Street. Faught noted that Will Dodge Way's
traffic count averaged 66 trips per day. Long term goals for bicyclists, pedestrians, etc. would be
addressed in the Transportation System Plan (TSP) update. He would direct the Street Department to
reinstall one-way signage. Scott Hollingsworth from the Fire Department also supported the one-way
designation. The Commission supported the resolution through consensus.
,
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C. Subcommittee meeting of August 10. 2009
Sommers noted that the first subcommittee meeting was held on August 10'''. The rninutes were included
in the packet. She suggested the subcommittee have a regular meeting schedule such as the first Thursday
of each month. She asked the Commission for their opinion, The consensus was that a regular
subcommittee date and time could be set, but if there were no agenda items the rneeting would be
cancelled.
D. Council Goals
Councilor Chapman reported that the City Council prepared a new vision and values statement every ten
years. Draft goals were included in the packet and Chapman asked for feedback using the forms included
in the packet. Some of the comments included: will the language stop progress?; are they legally
binding?; too vague?; too long?; ADA language should be included; multimodal ideas are shut down,
never implernented; establishing bike lanes should be added as a separate box as should mass transit.
Faught noted that the City implemented transportation-related goals through the work of the
Transportation Commission whose charge was to generate the details of the TSP. Chapman noted that the
Comrnission was formed as an offshoot of the Traffic Safety Cornmission and the Bike and Pedestrian
Commission. He does not want the community values of those commissions to be ignored.
Sommers wondered why the MPO study and presentation to the Planning Commission was not then
presented to the Transportation Commission.
Chapman noted the rail service goal related to the moving of freight between jurisdictions in order to
avoid an increase in tractor trailer traffic and adding a third lane to 15. Ashland rnay have the option of
leasing or purchasing right-of-way. A second goal is the addition of a commuter rail to Central Point or
Grants Pass. Burnham related a recent Newsweek article stating that cornmuter rail was less ecologically
efficient compared to the automobile.
Cornmission was satisfied with the goal regarding the TSP.
E. Draft Transportation Svstem Plan (TSP) Update regarding Request for Proposals (RFP)
Faught was currently drafting the RFP for the cornprehensive rewrite of the TSP. He will email a draft
next week and invited Cornrnissioners to submit additions/comments within a stated deadline period.
F. Vacant Transportation Commission Position
Sommers called Mayor Strornberg regarding the current vacancy on the cornmission. Mayor had not
found a qualified applicant. She encouraged the commissioners to publicize the current vacancy.
G, Cowman area bike lanes
Warshawsky reported that the Croman rnaster plan included a separate bike lane on one side of future
streets, He disagreed with this idea because of the increased nurnber of bicyclist/driver conflicts. He
recommended that bike boulevards not be mandated and asked the Comrnission to defer discussion until
the TSP update.
H. Share the road on Oak Street
Burnham proposed a "share the road" pavement markings on Oak Street. He distributed example
markings and recomrnended Oak Street be used as a trial.
Young moved to assign staff to research "share the road" markings and notice (if necessary) Oak Street
residents. Heesacker seconded the motion and it passed unanimously.
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I. Car Free Dav
Steve Ryan reminded the Commission that Car Free Day would be held on Septernber 22,2009 from
4:00 pm to 7:00 pm on Oak Street. The event is in conjunction with Commuter Challenge and RVTD's
Transit Week. Ryan invited the Comrnission to participate by hosting a table.
J, pcrrc workshop August 25, 2009
Staff will email the agenda. The goal is for both cornmissions to become acquainted with each other.
V. INFORMATIONAL ITEMS & COMMISSIONER COMMENTS:
Chaprnan asked that the centerline on Grandview not be repainted.
Faught reported that the Siskiyou / Garfield pedestrian safety improvernents were nearly complete, but
there was some electrical work to be done. Faught guaranteed that the work would be complete by the
beginning of SOU's fall term.
Faught announced he would be on vacation during the next meeting. Jim Olson will staff the rneeting.
Nathan Broom noted an 8% increase in ridership for the fiscal year. The new Ashland route and increase
rates will begin September 8,2009. A recent City of Medford ernployee survey showed many employees
were willing to use alternative transportation. He suggested the City of Ashland, as a top employer in
Ashland, conduct its own survey.
Eve Woods, SOU Student Liaison, asked for volunteers to help her table SOU's annual scavenger hunt;
2500 students are expected. Volunteers are also needed for Tuesday, September 29'h Club Fair.
VI. ADJOURN: 8:15 PM
Respectfully submitted,
Nancy Slocum, Accounting Clerk I
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Minutes
Attendees: Tom Burnham, John Gaffey, Julia Sommer,
Colin Swales (Chair), Brent Thompson, Matt Warshawsky, David Young
Absent: Eric Heesacker
Ex Officio Members: Brandon Goldman, Larry Blake, Nathan Broom, Eve Woods, Steve MacLennan,
Scott Hollingsworth, David Chaprnan
Staff Present: Jirn Olson, Nancy Slocum
I. CALL TO ORDER: 6:02 PM
-
II. APPROVAL OF MINUTES:
Commission noted that Page 2 of 3 of the August minutes was missing frorn the packet. Two name
changes were corrected. Commission will approve both Augusts' and September's minutes in October.
Nathan Broom noted that the expansion of Paige Townsend's presentation to the Commission in July,
2009 was not noted in August corrections. Slocum did not take minutes at that meeting, but would put
something together on this for October's packet.
Ill. PUBLIC FORUM:
Egon Dubois asked the Cornmission to consider sponsoring the annual bike swap in the coming years as
the now defunct Bicycle and Pedestrian Comrnission can no longer do it. He noted that there was not too
rnuch work involved: volunteers were in place; the Finance Department handled the money and checks
collected; the Parks Department offered the use of a sound system, and the Police Department provided
barricades. All funds collected go to the Bicycle Transportation Alliance for bike safety classes at
Ashland's elementary and rniddle school. Although Commission volunteers would be welcorned, they
would not be required for the running of the bike swap.
Burnharn noted that last year the Bike Swap had to hire staff from the Parks Department to handle rnoney
and they would like to eliminate that expense next year. Dubois said that although a paid coordinator was
not ideal, Tracy Harding was too "burnt out" to do it for free. The bike swap traditionally happens in
May, but August was being considered, Debois asked that it be placed on the October agenda,
Comrnission agreed.
IV. ADJUSTMENTS TO THE AGENDA:
No changes were suggested.
V. ACTION ITEMS:
A. Oak Street "Share the Road" Request
This issue was discussed at the February, 2008 meeting of the former Traffic Safety Commission. The
TSC ultimately determined that the establishrnent of bike lanes was not'practical because of inadequate
street width on Oak Street and that alternate methods of bike safety should be researched. At last month's
Commission meeting Tom Burnham presented an option to designate Oak Street as a shared roadway and
asked staff to recommend the best options.
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A shared roadway is an approved MUTCD bike routc designation open to motor vehicle travel and
carrying no bicycle lane designation. According to research shared roads function best when the travel
lanes are wider than the minirnum standards and when vehicle speeds are 25 mph or lower. Shared
roadways seem to function well on local streets, minor collectors and on low volurne rural roads and
highways. Mile per mile, shared roadways are the most common bikeway type. Because of all the traffic
calming construction that took place on Oak Street in 1999, the current average speeds are close to the
posted speed of 25 mph and the street meets the minirnum criteria for a shared roadway.
There are two levels to which the shared facility can be designated: sign age only (the standard) or
signage plus pavernent rnarking. The signs are MUTCD approved and are readily available. Standard
pavement markings have been initiated, but are not yet standardized. Their markings include a 4 inch
white stripe approximately II' from curb along the parking lane and a thermoplastic applique of a
bicycle ,with two chevrons called a "Sharrow." Due to the location of the Sharrow within the traffic lane,
it is irnportant that thermoplastic be used as paint would only last a few months. The estimated costs for
the designation of a shared roadway along with staffs recommendations follows:
1. Signs: 10 each @ $200 each = $2,000
2. Lane Striping (not recornrnended): 2600 SF @ $0.75 / SF = $1,450
3. Sharrows (not recommended): 12 each @ $150 each = $1,800 (Portland-set standard spacing)
Staff also questions which, sections of Oak Street to designate as shared roadways
If cost was a concern, Burnham would prefer paint rather than nothing. Green paint was ruled out as too
costly.
Public Testimonv
Rick Berlet, 197 Tirnberlake, was forrnally frorn Chicago where Sharrows are cornmon and effective in
alerting cars to cyclists. He noted Ashland's desire to be bike friendly yet it is currently lacking in the
number of miles of bike lanes. Signs can make a difference and recommends their installation as soon as
possible.
Mike Srnith, 566 Hodson, Gold Hill, liked the yellow painted bike lanes on Siskiyou and agreed with Mr.
Berlet.
Mary Pritchard, POBox 3475, Ashland, favored making roads safer and preferred pavement markings.
Don Parker, 1538 Lilac, was an avid cyclist and also preferred pavement markings over signage,
Motion
Young rnoved to install signs, lane stripping and thermoplastic pavement markings on Oak Street
between Lithia Way and Nevada Street. Burnham seconded the motion.
Discussion
Young thought it very important to test the effectiveness of shared roadways. He thought this was a small
investment in tirne and money and answered an irnportant missing connection in Ashland.
Gaffey lived on Oak Street and was not in favor of more signs blocking visibility; he preferred Sharrows.
Olson noted that legally signs must be posted. He was concerned about cost, but noted that the
Transportation Commission had a $4,000 budget that could be used toward the motion.
Arnended Motion
Young amended his motion to earmark $2,000 of the Commission's budget to be used toward this $5,250
project. He also volunteered to organize a fundraiser to help with expenses. Thompson seconded the
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motion.
Discussion
Sommers recommended decreasing the number of signs. She would like to see the Sharrows used
exclusively for a test case. Woods thought it appropriate to use $2,000, but not $4,000 as other important
expenses may arise. She has seen the effectiveness of Sharrows in Washington. Broom thought Ashland
could be a leader for the valley. Chapman suggested building a stencil to save money.
Warshawsky often bikes Oak Street. He noted that frorn the railroad tracks to Lithia Way was narrow;
however, he thought the section from the railroad tracks to Nevada Street seemed unnecessary as it was
wide. In order to save money, other areas in the city (e.g. A Street) could make better use ofSharrows.
Burnham thought it embarrassing that the money for this project could not corne from a City account.
Sornmers agreed. Olson said no extra money was available and support from the Commission would be
helpful.
Young thought this project would affect more people for each dollar spent.
Vote on the Amendment
Motion passed 4 to 3.
Vote on Original Motion
Motion passed 6 to 1,
B. Will Dodge Wav Update
Staffs memo in the packet was for information only. After staff and alley users agreeed to prohibit
vehicle stopping for approximately 100 feet from each end of the alley, further study resulted in a new
staffrecomrnendation that the easterly no stopping area (from First Street) be broken into two segments
to accommodate existing loading and access points. Frorn First Street the first 50 feet to be si6'11ed as no
stopping followed by 50 feet of permitted loading zone followed by another 60 feet of no stopping area in
front of the garages, After the Fire Department reviewed the proposed changes, it was determined fire
code prohibited this configuration. The alley will stay as originally proposed.
Thornpson atternpted find other options, but was unsuccessful.
C. Adoption of the Transportation Svstem Plan Update Chapters 4, 6 and 9
Olson reported that a partial updatc of the City's 1998 TSP was completed in 2008 by HDR Engineers,
but was never formally adopted by the City Council. The update was only for Chapter 4 (Existing
Conditions and Constraints), Chapter 6 (Identification of Systern Problems) and Chapter 9 (Needed
Transportation Irnprovements) and an update to the transportation system development charges (SDC).
Under the direction of the City Council, the Public Works Department is currently soliciting proposals
from a transportation engineering firm to facilitate presentations to this Commission, the Planning
Commission and finally to the City Council (following Measure 56 requirements). A copy of the request
for proposal (RFP) docurnent was enclosed in the packet which further outlines the actions to be taken.
Staff will keep the Comrnission updated.
A majority of the Commission thought a partial update was a waste of time and resources. Olson noted
that although there were few new CIP projects added, the costs for all the projects needed to be updated.
Gaffey and Swales thought the City Council should reconsider adopting two TSPs. Chapman said it was
up to Mike Faught to ask the Council to reconsider their original decision.
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D. Upcoming Amendment Chapter 2.04 Commissions. Committees and Boards
Councilor Chapman requested the City Council create a template that would unify the Council rules
relating to commissions and liaisons. He asked the Comrnissioners to read the information provided in
the packet and forward any comments to Diana Ship let, the City Council and City Attorney, Richard
Appicello. (Examples include: Should the Chair vote? Should a commissioner be removed without
cause? Should Council Liaisons be a voting rnember?)
The Commission had questions specific to the Transportation Comrnission ordinance:
2.13.050 (B.) Membership - the Commission prefers that "Public Works Director shall
determine what matters warrant SubCommittee involvement and meetings shall be
convened on an as needed basis." be changed to that "Pub/ic Works and/or Transportation
Commission shall determine what matters warrant..."
2.13.050 (C) Duties (1) at the end oftheftrst (and last) paragraph the words "and safety
concerns" be added to the end of the sentence.
Commission asked Slocurn to forward suggestions for changes to the Transportation Commission to
Diana Shiplet and Richard Appicello.
E. Discussion of Transportation Commission Meeting Length
Sommers requested the Commission consider starting the meeting tirne at 5:30 prn ending at 7:30 pm.
She also suggested a break during the meeting. She thought it would be easier on staff to begin earlier
and that if the agenda did run over, the meeting would still end earlier. Warshawsky, Gaffey and
Burnham agreed with Somrners. Woods thought 5:30 prn was too early to allow her to attend.
Swales suggested keeping the time the same and revisit the issue if the need arose.
F. Volunteer Request for SOU New Student Events
Eve Woods, SOU Student Liaison, announced upcoming events that were in need of volunteers or were
just events the Cornmission was invited to:
. New Student Orientation - over 5500 students expected
. Siskiyou Boulevard Crosswalks Sept 25th I :30 pm -3:30 prn for Scavenger Hunt and escort students
across the street
. Salmon Bake BBQ, Sept 25th 5:15 pm-7 pm, cost is free
. Football Garne, Horne Game, Sept 26th 4:45 pm tailgate party begins
v. INFORMATIONAL ITEMS & COMMISSIONER COMMENTS:
A. Swales noted that Larry Blake is the Planning Commission Liaison to the Cornmission. He asked for
a volunteer commissioner to be a liaison to the Planning Comrnission. John Gaffey volunteered.
B. 1-5 Exits 14 and 19 Reconstruction - Tim Fletcher will give a presentation on the reconstruction of
these two Ashland exits perhaps in October. David Young was on the aesthetic committee.
C. David Chapman announced that Mike Faught, Art Anderson for ODOT road bikes during a recent
rush hour to test current conditions and look at might be needed for the reconstruction planning.
D. Nathan Broom, RVTD, announced all the events for 'Try Transit Week" September 18-25, 2009. He
also noted that the new service route and fees were now in effect.
E. Woods asked the Transportation Commission to host a table at "Car Free Day" on Tuesday,
September 22"d Chapman and Burnham volunteered. Slocum would help collect maps, ODOT
materials, etc.
F. Commission would like to discuss whether to combine Novernber and December meetings as the
. rneetings occur close to the holidays.
G, Gaffey asked staff to devise a way to track the effectiveness of the Commission's decisions,
H. Chapman reported that he taught a two hour bike handling class to Standing Stone employees.
C:\DOCUME-I\shipleld\LOCALS-l\Tcmp\XPGrpWisc\9 1709 TC Minutes.doc
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VI. ADJOURN: 7:55 PM
,
Respectfully subrnitted,
Nancy Slocum, Accounting Clerk I
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Page 5 of5
CITY OF
ASHLAND
Council Communication
Meeting Date:
Departrnent:
Secondary Dept.:
Approval:
Update on Council Goals
November 3, 2009 Primary Staff Contact:
Administration E-Mail:
None Secondary Contact:
Martha Bennet Estirnated Time:
Ann Seltzer
ann@ashland.oLus
Martha Bennett
Consent
Question:
Does the City Council have questions about the progress on the 2009 Council Goals?
Staff Recommendation:
Staffrecornmends the City Council review the update and identify any concerns,
Background: .
In June 2009, the City Council adopted goals for 2009-2010, Council will meet in January 2010 to
update these goals prior to the FY20 II budget process. As a reminder, the Council goals are organized
into six general areas related to increasing the sustainability of Ashland,
Economy
1. Develop and irnplernent a cornprehensive economic development strategy for the purpose of:
. Diversifying the econornic base of the community
. Supporting the creation and growth of businesses that use and provide local and regional
products
. Increasing the number of family wage jobs in the community
Appointments to the Policy and Governance Commillee and the Technical Advisory Commillee were
approved by Council at the October 20 meeting. It is anticipated that the policy & governance group
will meet in the next few weeks and set a six to eight month schedule for the public involvement and
strategy development processes.
In July, Council agreed to utilize the 2007 Economic Opportunities Analysis and the draft
implementation plan as a foundation for the process, while also seeking a consultant update to the
EOA work to address changes in the local, regional, state and federal economy since the completion of
the EOA, Three firms have responded to the RFP and those responses are currently being reviewed by
the Mayor, Councilor Silbiger and staff.
2. Complete Croman Mill Master Plan and develop an implementation strategy for funding and
infrastructure for Croman.
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Staff has prepared a draft of a new chapter to the City's Land Use Ordinance as well as a set of design
standards for implementation of the Croman Mill District Plan. Discussion of the Croman Mill District
Plan and the necessary Plan and Ordinance amendments has been a regular item on the Planning
Commission Agenda. A more formal discussion of the draft standards and code will be scheduled
before the Commission in October. In addition, the Croman Advisory Committee (CAe) has met twice
to discuss aspects of the implementation work. .
3, Increase the clarity, responsiveness, and certainty of the development process,
Staff does not plan on moving forward on this issue until completion of Water Resources and the
Croman Mill District Plan. In the interim, Community Development has made significant changes to
its home page on the City's website to provide information to the development community with regards
to: permits & fees, online e-permitting, green building policies, and building code policies,
interpretations & procedures. Additionally, a draft customer service survey has been prepared,
comparable to the one executed in 2007, and will eventually be mailed to applicant's to assess their
experience with development process
Environment
I. Develop an integrated land use and transportation plan to increase the viability of transit, bicycles,
. walking and other alternative rnodes of transportation,
. Reduce per capita autornobile vehicle miles traveled
. Provide safe walking and bicycling routes to home, work, shopping and schools
. Irnplement environmentally responsible design standards
The Transportation System Plan (TSP) is being partially funded by a Transportation and Growth
Management (TGM) grant. As such, ODOT is responsible for developing, advertizing and managing
the Requestfor Proposals (RFP). While ODOT is responsible for administering the RFP, the Public
Works staff was able to re-write ODOr's draft of the RFP to meet Ashland's transportation
philosophy. The final RFP documents included input from the Transportation Commission, the
Planning Commission and the Mayor, ODOT then recommended some minor edits to the document in
early October,
ODOr's next step includes distribution of the RFP to a list of pre-qualified Transportation System
Plan consultants. The consultants will then submit proposals and a review team consisting of ODOT
staff, Ashland staff and one Transportation Commissioner will evaluate the proposals, interview the
top two to three consultants and recommend ODOT select the top applicant. Staff anticipates that
ODOT will award the bid by the end of January and that the master plan will take approximately two
years to complele.
2. Adopt an integrated Water Master Plan that addresses long-term water supply including:
. Climate change issues
. Security and redundancy
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CITY OF
ASHLAND
. Watershed health
. Conservation and reuse
The water master plan RFP was advertised in August, 2009 with proposals due in September. Seven
engineering firms (Carollo Engineering, HDR, Keller Associates/Brown & Caldwell, MSA, Natural
Systems Internalional, West Yost and Winzer & Kelly) submitted proposals and a review team (Daryl
McVey, Water Plant Supervisor; Terry Oldfield, Water Distribution Supervisor; Pieter Smeenk,
Associate Engineer; Jim Pendleton, Talent Irrigalion District; and Eric John, Medford Water
Commission) is currently evaluating and ranking the proposals. Once the scoring has been completed
the top two to three consulting firms will be interviewed by the review team 10 assure consistency with
Ashland community values. Once the consultant has been selected staff will then recommend that the
Council award the contract at the December 1, 2009 City Council Meeting. Staff anticipales that it will
take two years from the time the bid has been awarded to complete this large-scale project,
3, Implernent specific capital projects and operation prograrns to ensure City facilities and operations
are a rnodel of efficient use of water, energy, land, and other key resources,
An inter-departmental sustainability team is being developed with representation from Facilities
management staff, Conservation staff and key representatives of Ihe various business operations of the
City 10 meet regularly to discuss and develop a priority listing of potential efficiency opportunities.
Consumption data for all City buildings and facilities is being collected to create a baseline to
measure the progress and results of the implementation of efficiency projects. Usage data includes
electric, natural gas, water, trash, hazardous waste, fuel. Building and facility attributes are also
being collected to provide accurate comparisons between buildings, such as total square footage,
number of occupants, hours of operation, etc.
An SOU intern has completed a draft document providing a review, ranking and recommendation of
more than a dozen different climate measurement/calculator software programs available to the City
for long term tracking and measurement of progress toward this Council Goal. The inter-
departmental team will review the final report and provide a final recommendation on the recording
and analysis software that best serves the City's needs and progress towards both short and long term
success.
4, Adopt land use codes, building codes and fee structures that creates strong incentives for new
development that is energy, water, and land efficient and supports a multi-modal transportation systern
A set of Sustainable Design Standards are being developed as part of the implementation package for
the Croman Mill Dislrict Plan, with some standards having a potential for citywide application. The
standards will address: Conservation of natural water systems; green surface parking systems;
management of storm water run-off, as well as rainwater and grey water impoundment for reuse; the
design of green streets; low impact site development; energy efficient building design and site
planning; and rain water catchments, infiltration, and harvesting guidelines.
5. Develop a strategy to use conservation and local renewable sources to meet Tier 2 demands.
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CITY OF
ASHLAND
This goal will require a significant increase in Conservation Funding including money for additional
stafJ and incentives and loan dollars for. citizens and businesses, Staff plans on including this in the
proposed FY 09-10 budget as an add package
Social Equity
1. Cornplete the development of affordable housing on the Clay Street Property.
The Housing Authority has completed the 1" phase of street improvements along Clay Street. Staff is
anticipating that the issuance of the building permits and the commencement of interior road
improvements and building construction will proceed by November 2009. The City of Ashland controls
partially vacant, 1.5-acres immediately south of the Housing Authority project. The Land Use
subcommittee of the Housing Commission, with staff assistance, is evaluating the parameters of a
Request for Proposal (RFP) for the development of additional housing on the city-owned parcel. City
stafJwill present the recommendation of the subcommittee to the Council in order to obtain guidance
from the Council with respect to advertisement ofafiilure RFP.
2. Conduct a comprehensive study of Ashland's homeless.
This item has not been budgeted for this fiscal year. An estimation of staff time and a budget for the
project will be prepared prior to fiscal year 2011 upon acceptance of a scope of work. In June 2009,
the Jackson County Board of Commissioners adopted by resolution a 10-year Plan to End
Homelessness for Jackson County. The Ten Year Plan outlines a number of actions that could be taken
regionally to help work to end homelessness within Jackson County, Connie Soldana of Rogue Valley
Council of Governments Senior Services and the Homeless Task Force and Linda Reid, Ashland
Housing Program Specialist would like to schedule presentation on the Councils agenda to discuss the
Plan, Link to the Ten Year Plan on the Jackson County Website:
http://www.cojackson.or.us/jiles/10-Year_Plan_to_End _ Homelessnesspdf
Organization
I. Develop a plan for fiscal stability, manage costs, prioritize services, and insure key revenue streams
for the City Parks & Recreation.
Finance staff has been doing research on comparable organizations and industry standards for
tracking, measuring and benchmarking data to evaluate Ashland's current financial condition and
progress going into the future. A study session is needed for Council to more specifically identifY what
fiscal stability means to them, areas they would like to track, outcomes they want reported upon and
the frequency of reporting. A study session is scheduled for November 16, 2009.
2. Address issues regarding the stability of the organization including:
. Employee recruitment and retention
. Succession planning
. Effective and increased use of citizen volunteers
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CITY OF
ASHLAND
Staff is in the final phases of the Classification and Compensation Study and expects to have a draft
report from CPS Human Resource Consulting in the next few weeks which will include their
recommendations. The consultants will be presenting their final report to the Mayor and Council at
their November 2nd Study Session.
Public Facilities
I. Develop a plan to replace Fire Station #2,
This item is on the November 17, 2009 regular meeting agenda,
2. Refine a long term strategy for the Ashland Fiber Network that improves its financial viability,
provides high quality services to residents, and promotes healthy econornic development.
New product deplovment: a) Staffplans to buildfiber-to-the-premise ("FTTP") to individual houses in
the Verde Village development to provide near future broadband services to this green project, b) Staff
is in conversations with local Internet Protocol TV ("IPTV') entity to beta test subscription based TV
services delivered over the Intranet via local servers in Ashland. c) Wi Max deployment.
Improved financial viabilitv: a) Move to consumptive based retails rates. b) Customer acquisition
pacing at 5% growth c) option for AFN to market as direct ISP d) Recruitment of new IT Director will
provide new insight and opportunityfor financial viability.
Promotin!! heallhv economic development: a) Staff continues to work closed with Ashland Chamber of
Commerce's economic development team. b) AFN Retailers (ISP's) have seen some consolidation
acquisitions resulting in larger, healthy retail partners keenly focused on garnering new customers,
Hi!!h aualitv or services: Maintenance and upgrading of QOS (Quality of Services) offerings continue
positive customer experience and satisfaction. Behind-the-scenes maintenance resulted in no
significant system outages. AFN's local customer service excellence and expert local technical supporl
continue to be distinct competitive advantage.
Partnerships
I. Foster strong collaboration of the local community, City, State and Federal leaders in efforts to
improve the health of the Ashland watershed through reducing fire hazards and restoring forest health.
The City has continued to work with the USFS and other community stakeholders to create a multi-
party monitoring program in concert with the goals of the Ashland Forest Resiliency project, A
number of symposiums and watershed tours have been conducted to beller inform the communily about
the importance of watershed health. On Friday, October 1611', the USFS signed the Record of Decision
for the Ashland Forest Resiliency project paving the way for restoration work to commence in the
spring of 2010.
2. Restore rail service to and through Ashland.
Both staf! and Council members continue to meet with stakeholders regarding restoration of rail
service through Ashland.
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CITY OF
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DRAFT Timeline
Novernber 2009
Study Session to discuss fiscal stability goal
Study Session to review results of the Ernployee Class and
Compensation study
Issue building permits for Clay Street Affordable Housing Project
(Housing Authority - Jackson County)
Adopt Water Resource (Riparian/Wetland) Ordinance
Award bid and contract for Water Master Plan (anticipate 2 years
to complete)
Council hearings on Crornan Plan and Code Amendments
Develop scope of work for study of Ashland homeless for
FY2011 budget consideration
Finalize customer survey related to improving clarity and
responsiveness in the development process
Develop proposal for increase in Conservation staff for FY2011
budget consideration to meet Tier 2 demands
ODOT to award bid for Transportation Systern Plan (anticipate 2
years to complete)
Complete public involvernent and Economic Developrnent
strategy process
Adopt Strategic Plan and Action Steps/Econ Develop
December 2009
January 2010
Surnrner/Fa1l201O
Fall/Winter 2010
Related City Policies:
Council Goal Setting
Council Options:
Identify changes and provide new direction to staff.
Potential Motions:
I move to accept the update of Council Goals as presented,
I move to modify the Council Goals by
Attachments:
None
Page 6 of6
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RESOLUTION NO. 2009-
A RESOLUTION SUPPORTING IMMEDIATE PASSAGE OF HR 3745
Recitals:
A. Public, educational and government (PEG) channels playa significant role in Ashland.
B. PEG channels are a unique and valuable resource for local information and discourse for
the residents of Ashland.
C. PEG channels televise local government meetings, including city council, planning
commission, county board, and school board meetings, so that citizens are informed about
the actions taken by local elected officials.
D. PEG channels contribute to the democratic process by providing opportunities for
candidates and others, such as the league of Women Voters, to discuss local issues during
election campaigns.
E. PEG channels provide a window through which residents can view the diversity of
cultures, recreational activities and artistic endeavors in their local community.
F. PEG channels reflect the unique identity of the communities they serve.
G. It is important to preserve PEG channels and funding for PEG channels, and to ensure
that the channels, such as Rogue Valley Community Television, continue to be available to
the entire community to serve the residents of Ashland.
H. HR 3745, the Community Access Preservation Act, addresses critical and immediate
threats to PEG.
THE CITY OF ASHLAND RESOLVES AS FOllOWS:
SECTION 1.
The City of Ashland, Oregon, supports the immediate passage of HR 3745.
SECTION 2.
The City of Ashland, Oregon, calls on our Congressional delegation to take all possible
actions in support of the passage of HR 3745, including but not limited to endorsing, co-
sponsoring and voting for HR 3745, and to work for its rapid passage.
SECTION 3. This resolution was duly PASSED and ADOPTED this
, 2009, and takes effect upon signing by the Mayor.
day of
Barbara Christensen, City Recorder
Page 1 of 2
SIGNED and APPROVED this _ day of
,2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 2 of 2
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Croman (OF Grant
November 3, 2009 Primary Staff Contact:
Administration E-Mail:
Public Works Secondary Contact:
Martha Benne Estimated Time:
Adam Hanks
adam@ashland.oLus
Mike Faught
20 minutes
Question:
Does the Council want to direct staff to prepare and submit an application to Oregon Department of
Transportation (00 aT) for an Immediate Opportunity Fund (lOF) grant of up to one million dollars to
be used for road construction at the Croman Mill site?
Staff Recommendation:
Staffrecommends that the Council direct staff to work with ODOT and the Oregon Business
Development Department (formerly Oregon Economic & Community Development Department) staff
to prepare and submit an application to ODOT for the IOF grant.
Background:
IOF Grant Information
The stated purpose of the Immediate Opportunity Fund is to support primary economic development in
Oregon through the construction and improvement of streets and roads and is funded through State gas
tax revenues.
The IOF policy guidelines provide three categories of grants:
Type A:
Type B:
Type C:
Specific economic development projects that affirm job retention and job
creation opportunities
Revitalization of business or industrial centers to support economic development
Preparation of Oregon Certified Project Ready Industrial Sites
Cilv's Role & Involvement
The owner/developer of the Croman Mill site has requested that the City of Ashland submit as the
local government sponsor for the IOF grant as a way to provide incentive for the development of the
Croman Mill site and, more specifically, to assist in road construction costs of the "signature street"
that forms the backbone of the project site.
The grant request would be for the Type A grant, as the owner/developer has a purchase agreement in
progress with Plexis Healthcare Systems who has provided initial indication that development of the
Croman Mill site for their headquarters will meet the "job retention and job creation opportunities" of
the Type A IOF grant
If the grant is awarded, an Intergovernmental Agreement (IGA) would be created and executed
between the City and 00 aT assigning the grant obligations. The grant funds would be passed through
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CITY OF
ASHLAND
the City of Ashland to the owner/developer and be limited in use to the road construction at the
Croman Mill site.
To ensure that the project ultimately meets all requirements and criteria of the IOF guidelines,
primarily achieving the job creation numbers stated in the grant submittal, the City would enter into a
development agreement with Plexis that provides the City with the ability to re-pay ODOT should
Plexis not meet the job creation targets within the timeframe specified in the grant submittal.
Owner/Developer Role & Involvement
The Croman Mill site owner/developer will be responsible for the road construction, which will meet
all City requirements through the standard Public Works permit and inspection program in place for
any public infrastructure construction project.
The owner/developer will also be responsible for the required matching funds for the grant, an amount
equal to the total grant award. It is anticipated that the matching funds will come from the donation of
private land for public right-of-way dedication for the road construction.
Grant Timeline
The IOF grants are discretionary and are awarded on a first come, first served basis until the total
funding for the biennium has been awarded. The owner/developer is very anxious to get the
application submitted and is prepared to provide all required data and documentation for the submittal
in the next several weeks.
It is anticipated that City staff will meet several times with the owner/developer, ODOT and Business
Oregon staff and Plexis ownership in the coming weeks to coordinate efforts and ensure that all
required submittal elements are in place for review and recommendation by the Area Commission on
Transportation and the Director of Business Oregon and final award determination by the Director of
ODOT.
While the timeline requested is tight, the submittal of an application does not bind the City into any
financial obligations. Contractual obligations and procurement of security interests to fully protect the
City occur at the time of the drafting and signing of the IGA and development agreements, which will
come before Council for approval and signature.
Related City Policies:
Ashland Comprehensive Plan VIl-4 b
Utilization of available grants and loans to finance the extension of public facilities /0 lands zoned or planned
for commercial or industria/use
Council Options:
1) Direct Staff to proceed with data collection and coordination with other involved agencies to
prepare grant submittal for review and potential approval.
2) Direct Staff to prepare grant submittal and provide opportunity for Council review prior to formal
submittal.
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CITY OF
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3) Decline the request of the Croman Mill Site owner/developer to pursue the IOF grant.
Potential Motions:
I) I move to direct Staff to coordinate and submit an application to 00 aT for potential 10F grant
award to be used for the "signature street" road construction at the Croman Mill site.
2) I move to direct Staff to coordinate and submit an application to ODOT for potential 10F grant
award to be used for the "signature street" road construction at the Croman Mill site and to provide the
Council with a presentation of the final submittal packet prior to filing the formal application with
ODOT.
3) I move to direct Staff to communicate with the Croman Mill Site owner/developer that the City
chooses not to pursue the 10F grant at this time.
,
Attachments:
ODOT IOF Policy Guidelines
Letter from ODOT to Owner/developer Agent
Page) of3
ra11
Oregon Department of Transportation
Immediate Opportunity Fund
Policy Guidelines
Revised October 10,2006
1. Purpose of the Immediate Opportunity Fund
The purpose ofthe "Immediate Opportunity Fund" (IOF) is to support primary economic
development in Oregon through the construction and improvement of streets and roads. The 1987
Oregon Legislature created state funding for immediate economic opportunities with certain motor
vehicle gas-tax increases.
Access to this fund is discretionary and the fund may only be used when other sources of financial
support are unavailable or insufficient. The IOF is not a replacement or substitute for other funding
sources.
The rOF is designed to meet the following objectives:
A. Provide needed street or road improvements to influence the location, relocation or retention of
a firm in Oregon.
B. Provide procedures and funds for the Oregon Transportation Commission (OTC) to respond
quickly to economic development opportunities.
C. Provide criteria and procedures for the Oregon Economic and Community Development
Department (OECDD), other agencies, local governments and the private sector to work with
the Oregon Department of Transportation (ODOT) in providing road improvements needed to
ensure specific job development opportunities for Oregon, or to revitalize business or industrial
centers.
The use of the IOF is limited to:
, Type A: Specific ecnnomic development projects that affirm job retention and job creation .
opportunities. .
Type B: Revitalization of business or industrial centers to support economic development,
Type C: Preparation of Oregon Certified Project Ready Industrial Sites.
2. Funding levels
For the biennium beginning July 1,2005, the IOF will be financed at a level of $7 million. Up to
$2 million may be committed in support of Type B projects, and up to $2 million may be
committed in support of Type C projects. Fund consideration is restricted to potential economic
development projects and associated access management and right-of-way preservation projects
that require a quick response and commitment of funds. '
As a guideline, the maximum amount available for a single project of Type A is $1,000,000, the
maximum amount available for a project of Type B is $250,000, and the maximum amount
available for a project of Type C is $500,000.
.1
"
Immediate Opportunity Fund Policy Guidelines (continued)
October 2006
Project proposals are normally expected to provide a match of 50 percent or more ofthe total funds
used for public roadway improvements.
Public or private sources may provide the match. Donations of right-of-way will be considered to
be part of the match. Normally, applicants for projects off the State Highway System will provide
the right-of-way. (ODOT's Right-of-Way Section will verify right-of-way estimates.)
3. Program criteria
Key factors in determining eligibility for funds are whether an immediate commitment of funds is
required, and whether atransportation problem exists or can be prevented.
Projects must meet all the following criteria:
A. The results of an economic impact analysis must be acceptable to the OECDD Director, who
will provide recommendations to the ODOT Director.
B. The application must identify the direct benefits in terms of primary jobs created or retained by
the development, a revitalized central business or industrial district, or certification of an
industrial site through the construction of a road improvement.
C. The improvements must be on a public right-of-way (right-of-way must be acquired before
project 90mpletion), must serve general transportation needs, and must conform to access
management policies.
D. The OECDD Director will review the application and make a recommendation to the ODOT
Director on the validity of the data presented, and that a project's decision hinges on an
immediate commitment to construct the road improvement.
E. The project and development must meet all necessary land use and environmental
requirements, and have or canobtain all necessary permits.
F. For Type A projects, the jobs created by the development must be primary jobs such as
manufacturing, production, warehousing, ~istribution, or others that create new wealth for the
Oregon economy. Normally, retail and service jobs do not meet this definition.
G. The project must be consistent with the following Governor's Oregon Principles:
a. Oregon has a positive business climate and invests in economic development in order to (
create and retain sustainable businesses and family-wage jobs; and
b. Oregon has a healthy balance between growth, infrastructure development and
environmental protection.
2
Immediate Opportunity"Fund Policy Guidelines (continued)
October 2006
4. Program requirements
For projects to be eligible for Immediate Opportunity Funds, private businesses or their local
government sponsors requesting assistance must:
i. Be in the process of certifying an industrial site, or negotiating a location, retention,
expansion, or revitalization project and involve OECDD and ODOT early in the process.
ii. Demonstrate the transportation problem, and the benefits of the proposed project as a
solution.
III. Document that the decision to locate, relocate, or expand in Oregon hinges on an
immediate commitment of road construction resources.
iv. Document the arrangements for other infrastructure needed for successful development,
such as water, sewer, police, fire, etc.
v. For Type A projects, demonstrate jobs created by economic development projects are
"primary" jobs.
vi. Dedicate any new road right-of-way to public use, indicate which local govcrnment
agency will assume ownership, and illustrate how they have adequate ability for future
maintenance. (The state will maintain the sections of projects on state highways. Local
government will be responsible for roads and streets off the state system.)
vii. Provide assurance of matching funds as required by the OTe. (ODOT's Right-of-Way
Section will verify right-of-way estimates.)
viii. Describe how the project is consistent with the Governor's Oregon Principles listed in the
program criteria above.
In evaluating the requirements, OECDO is responsible for evaluation with regard to job impact and
economic merit. OOOT will assess the proposed transportation eligibility and merit.
5. Immediate Opportunity Fund request process
The OTC requires a rapid five-step procedure for project requests using the IOF. The five steps to
be undertaken in conjunction with OECDO are as follows:
OECDD Business Development Officer receives requests, reviews for economic merit, and
forwards recommendation to OOOT Region 10F Coordinator.
OECDD reviews proposal with other Economic Revitalization Team regional field team
members for consistency with the Governor's Oregon Principles.
OOOT Region !OF Coordinator reviews project request for transportation merit and with
OECDD, jointly recommends action to OOOT Region Manager for approval.
OECDD Director receives ODOT and OECDD joint recommendation.lll1d makes a formal
recommendation to ODOT Director for OTe approval.
3
.
Immediate Opportunity Fund Policy Guidelines (continued)
October 2006
Upon approval, ODOT Director notifies the OECDD Director and the local government sponsor
and ODOT Region develops a project agreement between the local government and ODOT. The
OECDD Director and the local government sponsors also will be notified of requests not
approved.
6. OTe decisiqn and implementation
The OTC's judgment on eligible projects will include consideration of the size of each project in
relation to the availability of immediate opportunity funds, number of project requests, local
community support, private participation, proportion of matching funds, scheduling ofthe
development project and other factors such as employment generation, revitalization, improved
industrial site access, and certification of industrial sites. Preference will be given to projects
having a positive impact on safety, access and capacity of the State Highway System.
The OTC will decide the commitment of funds within forty-five (45) days of a request received
from the OECDD Director. If approved, a project agreement between ODOT and the local
government sponsor (and other participants, if necessary) will then be developed. The agreement
will cover factors such as, but not limited to, project engineering, contracting, land use and
environmental approvals, funding, and future maintenance and use.
The agreement will also provide for reimbursement to ODOT by the local government sponsor if
the promised number of jobs created or retained does not materialize or is not documented. This
may occur on a pro-rated basis, and time extensions may be allowed. When the OECDD Director
indicates, in writing, that business conditions for the firm(s) cited in an IOF agreement have
changed significantly, ODOT may re-negotiate the required number of jobs with the local
government sponsor, and amend the agreement to address the change. Re-negotiation must be
approved, in writing, by the ODOT Director and referred to the OTC for approval.
Generally, the local government sponsor is expected to manage the development and construction
ofthe project, and work directly with the private firm(s) involved.
7. Program administration
The OTC will review the status of the Immediate Opportunity Fund with each project proposal. An
annual evaluation ofthe program will be conducted, including any recommendations for changes,
and presented to the aTC.
It is the aTe's policy that no uncommitted balances accumulate in the Immediate Opportunity
Fund. The highest balance available per biennium is $7 million. The aTC reallocates uncommitted
amounts to the Statewide Transportation Improvement Program (STIP). The Statewide Section of
the STIP document will list the annual fund allocation in each document update.
For projects off the State Highway System, this program provides grants for project completion
contingent upon job creation and other factors contained in this document. This is distinct from the
usual focus on reimbursements for ODOT-sponsored construction activity.
4
'-j..~:,,:O.:, -Oregon
. ,...: ..... _ -:.01
11'I ~<...,:......~../' Th~odore R. Kulcngoski, GO\'l!mor
,
RECEIVED
JUN 1 6 1009
Department of Transportation
Region 3
3500 NW Stewart Parkway
RDseburg, OR 97470
(541) 957-3500
FAX (541) 957-3547
June 15,2009
File Code:
lVIike Montero
802 Nadia Way
Medford, OR 97504
Mike:
You asked about the current Immediate Opportunity Funds (IOF) employment retention and
creation obligations as they may pertain to Plexis. I understand you will review these with your
client for the Kaufinan Crossing project / Croman Mill site in Ashland.
First, I need to emphasize that the sooner Ashland submits an application the better. July, 1 is
the beginnIDg of our bienniwn, and with it, a renewed funding of the TOF program. Last
bienniwn's program received only $7M for the state. IOF funds are first-come, first-served for
qualifying applications.
Second, there are no specific threshold criteria for job retention or creation. That target is
negotiated among the Oregon Economic and Co=unity Development Department (OECD),
sponsoring city, and developer: The target and other obligations are then recomnlended to the
Oregon Transportation Commission for approval. ODOT and the city are signatories to an .
Intergovernmental Agreement that assigns the obligations, in exchange for the TOF Funds.
Usually, a city will sign over those obligations (e.g., employment and retention targets) to the
developer in an IGA between the two.
""-:'.
On a related topic, the Oregon Economic and Co=unity Development Department will soon
start a pilot project using updated methods ,and criteria for industrial site certification. They will
test these on a sample of three to five potential sites across the State. In May, and after your
concurrence, I reco=ended to the Department, the Kaufman Crossing property. I also
forwarded the Kaufman Crossing land use application packet that was submitted to Ashland.
Site selection for the pilot is scheduled after July 1. Selected sites must have but one
development hurdle (e.g., connective to a state highway) to achieve after certification. That's
why I reco=ended the Kaufinan Crossing property. I understand that all major development
issues, with the exception of the connection to OR 66, are planned, or are resolved. I will keep
, you informed of the project's progress.
Sincerely,
~~
Terry Harbour, Manager
Planning Unit
CITY OF
ASHLAND
Council Communication
Council Authorization of a Land Use Application Involving City Properties
Meeting Date: November 3, 2009 Primary Staff Contact: Bill Molnar
Department: Community Development E-Mail: molnarb@ashland.oLus
Secondary Dept.: Administration Secondary Contact: Derek Severson
Approval: Martha Benne Estimated Time: 30 minutes
Question:
Should the Council authorize the signing of a land llse application that would include modifications to
city-owned, public property along Winburn Way?
Staff Recommendation:
In September, City staff conducted a pre-application conference with the representative of a potential
buyer at 85 Winburn Way, the private property between the Ice Rink and Pioneer Hall. The project
would involve portions of city-owned property, and the applicant proposes improvements to the City's
property, which may enhance the Ice Rink and Winburn Way. Staff believes it is worthwhile to
continue to explore where this could benefit the community.
If the Council wishes to authorize the consideration of public property in the formulation and design of
a redevelopment plan for 85 Winburn Way, through co-signing the land use application, the Council
should be clear that such authorization is not an endorsement of any future planning application. It is
only a recognition that coordinated planning between the properties, City and private, may result in
opportunities beneficial to the citizens of Ashland. As is always the case, the final decision on a future
planning application will be based on the applicable approval standards described in the Land Use
Ordinance, with public notice provided in accordance with the Ashland Municipal Code and the
prospect for an appeal of the final decision.
Background:
On September 9,2009, a pre-application conference was held at the Community Development
Department regarding the property located at 85 Winburn Way. The pre-application involved a request
for staff input on a conceptual proposal to rezone the property from Residential to Commercial. Staff's
written comments from the pre-application conference have been attached.
The property in question, 85 Winburn Way, is situated between publicly-owned properties, the ice-
skating rink to the south and Pioneer Hall to the north. The agent for a potential buyer of 85 Winburn
Way has indicated that his client is interested in a redevelopment proposal for the property. The agent
has requested time before the Council to present more specific details of the proposal, as well as to
describe the possible opportunities and advantages to the City by agreeing to a coordinated planning
and design effort.
Related City Policies:
Ashland Comprehensive Plan - Public Services Element
Page 1 of2
~.l'
CITY OF
ASHLAND
Goal: To provide public utilities, services and facilities in an orderly, efficient and
environmentally sensitive way and in sufficient quantity to meet city needs now and in the
future.
Council Options:
The Council could describe what additional information and details are needed before they can make a
decision on whether or not to authorize city-property to be involved in a land use application for the
redevelopment of85 Winburn Way.
The Council could authorize the Mayor to co-sign a land use application, so that city-owned property
may be considered in the design of a redevelopment plan for 85 Winburn Way.
The Council may decide that the City is not interested in having public property considered as part of a
land use application for the redevelopment of 85 Winburn Way.
Potential Motions:
I. Move to request that the following information be provided to the Council prior to determining the
City's desire to be part of a land use application for the redevelopment of 85 Winburn Way.
2. Move to authorize the Mayor to sign a land use application, permitting consideration of city-owned
property in the design of a redevelopment plan for 85 Winburn Way.
3. Move that the Council take no further action with regards to this request.
Attachments:
Area vicinity Map
Area zoning designations
Submittal from applicant's agent - dated 9.30.2009
Planning Division pre-application comments - September 9,2009
Page 2 of2
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DEVELOPMENT SERVICES, LLC
LAND USE PLANNING AND DEVELOPMENTSERVIGES
September 30th, 2009
City of Ashland
Attn: Martha Bennett, City Administrator
20 E. Main Street
Ashland, OR 97520
Subject: 85 Winburn Way (parkside Cafe)
As you know, over the past number of months preliminary discussions and planning efforts have
occurred regarding the property at 85 Winburn Way (cafe site located between Pioneer Hall and the ice
skating rinklpublic parking lot). Unfortunately, the property has fallen into disrepair and has become a
negative distraction to its neighbors, the citizens of Ashland and its many visitors. The building has had
no maintenance work for many years and is literally falling apart. Instead of an attractive and active use
that compliments Lithia Park, the Ice Rink or Pioneer Hall, the building appears as if it is vacant and
lifeless.
However, the property is "for sale" and I represent the potential buyers of the property who are also
neighbors to this site. The buyers are very sincere regarding the acquisition and would like to propose an
application that would not only be acceptable to the City Council, but would be realized as a
philanthropic gesture to the citizens of Ashland. Preliminary discussions with various civic leaders and
many of the site's adjacent neighbors have already occurred - all of which were enthusiastic regarding
the proposal.
Proposal: The proposal would include the redevelopment of the property with the same use - a private
restaurant / cafe. However, unlike the current building and site elements which have been severely
altered numerous times since 1896, the proposed building's architecture and site layout would
incorporate common opportunities and be respectful to its adjacent neighbors - Pioneer Hall, the Ice
Skating Rink, Lithia Park and the residential neighbors along Granite Street.
At the present time, there are no plans for the site's proposed building - just a vision of a contextually
compatible, civic minded, park-like, iconic, human scale and an emotionally accepted building that will
enhance its surroundings. The applicants intend to form a local team of design professionals, form a
cormnittee of citizens and neighbors and execute the vision as described above. Once these plans are
finalized, a final application, including a Development Agreement between the City and the property
owners, will be submitted and the public hearing process will begin. The Development Agreement with
the City is desired by both parties to insure mutual concerns are addressed and project amenities are
realized.
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.33341 fax 541.482.3336
Proiect Amenities: The principle goal is to design an iconic "park like" structure that incorporates public
amenities "on and off" the property with the intent to improve the relationship and synergy between the
adjacent properties. Although dependent on Committee input, staff recommendations and final building
plans, the public amenities will likely include:
Changing room facilities for ice skaters (within proposed building);
Warming facilities for ice skaters and spectators (within proposed building);
Equipment rental storage (within proposed building);
Heated office space for Park's staff (within proposed building);
New Zambonie building (south side of skate rink);
Spectator accommodations and viewing areas (within proposed building); .
Improved staging area (Pioneer Hall);
Widened sidewalk with street trees;
Hidden trash enclosure;
Public seating areas;
Sustainable and conservation minded building;
Attractive, active and maintained streetscape.
Note: It is not the intent of the neighbors to build a massive structure that dwarfs everything around it,
but instead it is their intent to design and construct a building that enhances the streetscape, improves the
recreational opportunities for the adjacent properties and breaths new life into the business.
PubliclPrivate Partnership: Considering the application will involve property owned by the City (pioneer
Hall and skating rink/public parking lot) which will include landscaping and structural improvements,
the final application will require authorization by the City Council to proceed in accordance with the
'requirements of Chapter 18.108, Procedures. Section 18.108.017. A.1.c. which requires the authorization
of involved properties owners and specifically states:
Complete and signed application form. The application must be signed by one or more property owners
of the property for which the planning action is requested, or their authorized agents. The application
shall not be considered complete unless it is accompanied by the appropriate application fee.
Note: Authorization by the City Council to permit the processing of a land use application involving the
adjacent properties will not establish an endorsement of the proposal. The land use application would
proceed through the normal procedure with the application being publicly noticed and heard by the
Historic Commission, Tree Commission, Park's Commission and Planning Commission. During each
public meeting, public comment will occur and the proposed application will either succeed or fail on its
own merits.
Entitlement Process: The property is zoned R- I -7.5 (Residential) and the existing use operates under the
umbrella of a Conditional Use Permit. The adjacent properties to the north (Pioneer Hall, Community
Center and the vacant dirt parking lot) are also zoned residential. The zoning designation changes to
commercial at the Community Development Department building, where it was recently rezoned from
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.33341 fax 541.482.3336
Residential to Commercial during its purchase and entitlement process in 2000-2001 (Zone change from
R-1-7.5 to C-I-D and four Variances from the Downtown Design Standards - PA-2000-124).
Unfortunately, because of the residential zoning designation and the fact the use operates under the
umbrella and of a Conditional Use Permit (CUP), it appears to have played a "significant" role in why
the building has fallen into decay and the use practically vacated. This is compounded by the fact the
process for a CUP amendment is expensive, discretionary and difficult to justifY. I've spoken to a
number of the site's previous property owners and each was very adamant the ability to operate a normal
business or adjust to market conditions was severely difficult under the current permit, costly to modifY
and the end result unknown. So severe, that the property has exchanged hands approximately five times
in the last 20 years.
Note: It is also important to understand that under the current residential zoning, "no discretion" by the
City is permissible if someone proposed a single family house ~ none. This would also include the
privately owned dirt parking lot between the Community Center and the Community Development
Department building. In my opinion, and I assume most citizens' opinions, a residential house on either
parcel would be unacceptable and a mistake.
Nevertheless, the applicants would like to explore with the City Council and Planning Staff what the
best approach would be to not only correct the current situation, but to allow the current use and
building to expand so that it thrives and reacts similar to any other business. As such, there are three
options the Council and the applicants should consider - 1) a Conditional Use Permit Modification, 2) a
Rezone from Residential to C-1-D or 3) No consideration and abandomnent of the proposal.
1) Conditional Use Permit Modification (CUP): The benefit of a CUP is that the issues are isolated to
the site in question. Unfortunately, the criteria for a Conditional Use Permit approval are difficult with
the principal justification being the "proposed use's impact" must be "similar to the intensity and
impacts associated with a single family residence". However, the previously approved Conditional Use
Permit appears to allow for a significant amount of flexibility and its modification would be based on
previous approvals.
2) Rezone from R-1-7.5 to C-I-D (with Development Agreement): The benefit of a rezone is that the use
better reflects the zoning. The business will either fail or succeed on its own merits and can react to
market conditions quickly. The ability to construct a single family residence with no design discretion
would be eliminated and instead a compatible "park like" structure, open to the public, relating to the
neighboring properties, functioning with the neighboring properties and reviewed and approved via a
public process. Other than initial perceptions, the applicant's contend the rezoning is far more
comprehensive especially with the overlay of a Development Agreement.
3) No consideration and abandonment of the proposal. As stated previously, the applicants are neighbors
and are sincere in their commitment in creating a "place" - a place where people want to gather and
enjoy watching their kids and friends ice skate or play in the park. The applicants are also committed to
re-developing this site in such a way that it's a philanthropic gesture and an opportunity to create a
successful business. However, if the Council, Park's Commission and staff believe nothing should
occur, the applicants would close the Sale's Agreement and end the discussion.
Overall, the applicants and I look forward in partnering with the City to create a logical outcome that
benefits the citizens of Ashland for future generations. We appreciate the opportunity to try and explain
the proposal and the complex circumstances relating to the zoning and history of the site. Obviously it is
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.33341 fax 541.482.3336
far more complex than even addressed herein, but if need be, I would happily attend a meeting with the
Council to further explain the details and opportunities.
If for any reason staff has a question pertaining to this proposal or there is a need to meet on-site, please
do not hesitate to contact me at 821-3752 (cell) or 482-3334 (office).
Sincerely,
)
~
~
(
Mark Knox
Urban Development Services, LLC.
Attachments: Pre-application - 8/14/09
Neighborhood Notice - 8/28/09
85 Winburn Way - A Brief History
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.33341 fax 541.482.3336
85 Winburn Way-A Brief History
'TL 39IE09BC-3000, Account Number 1-006746-1
Fronting on Winburn Way for 146.33 feet, between 80 and 91
feet deep, and containing .29 acres, this parcel was historically
associated with the ASHLAND CREAMERY, located to the B6
south on what is now the City-owned parking lot.
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The AsWand Creamery, owned by Domingo Perrozi (who lived
directly above the subject lot, at 88 Granite Street (TL 2900),
was a prominent local business, producing milk, ice cream and
other product. The creamery was established on this site in
Autumn 1896. "By 1905 the operation was distributing milk, ./ - ,
butter and other products to a large area over southern Oregon Figure I: Tax Lot 3000
and Northern California (Atwood, 1988-90). and, according to
Sanborn Fire Insurance Maps, remained here at least through ]949. In 1957 the
Perrozis donated three lots, apparently including the creamery site, to the City of
AsWand.
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Figure 2: Sanborn Map, June 1911
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subject parcel at 85 Winburn Way (original]y Mill
Street), was occupied by a small warehouse near thc
center and a small, two-story, building at the NE
corner, both wood frame. 1928 Sanborns show the
same construction, with the two-story building
identified as a garage. Both these buildings are
assumed to have been used in association with the
Creamery.
Jackson County records document that the subject lot
was purchased from Joyce E. and Emmett Beeson by
William H and Bette 0 Hampton in May 1952,
". . . together with all the furniture, furnishings, fixtures
and equipment" (JCD 366:50), meaning that the
Beesons were likely responsible for the construction
t of the building on the site. Mr. Hampton operated the
~ Bohemian Club Bar in the Oregon Hote] and so may
have run a small cafe here as well.
Prepared by George Kramer, Kramer & Company 7/2009
] I Page
85 Winburn Way-A Brief History
TL 39IE09BC-3000, Account Number 1-006746-1
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Prepared by George Kramer, Kramer & Company 7/2009
In 1958 the property was sold to
Donald and Ethel M. Cattanach
and then, in 1962, the property
was purchased by May Allen,
who would retain possession until
1967. The 1964 Polk City
Directory lists 85 Winburn as the
location of "Dairy Dan,",operated
by Mrs. Allen.
Multiple property transfers after
1967 continued the use of the site
as a small cafe/ice cream parlor.
Serial modifications and
expansions to the structure created
the present, enlarged, footprint.
By 1985 the business was known
as "Creekview Cafe," owned and
operated by Bush and Lori
Hayden. In 1991 the business was
known as the "Lithia Cafe."
2lPage
85 Winburn Way-A Brief History
TL 39IE09BC-3000, Account Number 1-006746-1
f
Figure 4: Ashland Creamery, circa 1897
Figure 5: Ashland Creamery Bldg, c1930 (Terry Skibby Image)
Prepared by George Kramer, Kramer & Company 7/2009
31Page
85 Winburn Way-A Brief History
TL 39IE09BC-3000, Account Number 1-006746-1
Figure 6: "Creekside Cafe" May 1979 (ferry Skibby Image)
Prepared by George Kramer, Kramer & Company 7/2009
41Page
DEVELOpMENT SERVICES, LLC
LAND USE PLANNING AND DEVELDPMENTSERVICES
August 28th, 2009
Granite Street Property Owner
Subject:
Neighborhood Meeting - 7:30 to 8:00 p.m. on Wednesday, September 2nd, 2009
Regarding: Map and Tax Lot, 39IE09BC Tax Lot #3000
Property Address: 85 Winburn Way (parkside Cafe - across from Lithia Park)
Meeting to be held "on-site"
Hello,
My name is Mark Knox and I'm a local Land Use Planning Consultant representing the potential
buyers of the property located at 85 Winburn Way with various land use matters regarding this
property. I wanted to invite the neighbors to discuss the possible re-development of this property
and hear your ideas and concerns prior to formulating any ideas or generating plans.
, As I'm sure you know, the buildings on this property have fallen into disrepair and have become
lifeless. However, the property is extremely special due to it's proximity to Lithia Park and the
Downtown, but any consideration warrants input from its neighbors as well as the community. In
fact, the buyers are also neighbors of the site and feeI-strongly about this issue which is one of the
principal reasons why they would like to purchase and redevelop it. At the present time, their only
desire is to maintain the same use, but with a much more dynamic and pleasant dining experience
than the one that exists today - all of which is located in a new building that is both respectful to its
neighbors (you, the rink, Pioneer Hall and the park).
I don't expect the meeting to last longer than 30 minutes. However, iffor some reason you can't
attend the meeting or will be outside the area, please feel free to contact me at 541-821-3752. I look
forward to meeting and/or talking with you (some of you I've known so I look forward to seeing
. ')
you agam. .
Sincerely,
---~
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~
Mark Knox
Urban Development Services, LLC
Phon~ 541.482-3334
Fax: 541.482.3336
DEVELOPMENT SERVICES, LLC
LAND LJSE PLANNING AND DEVELOPMENT SERVICES
August 14th, 2009
City of Ashland
Community Development Department
59 Winburn Way
Ashland, OR 97520
Subject: Pre-application: Winburn Way Zone Change & Comprehensive Plan Map Amendment
The applicants would respectfully like to request a pre-application meeting to obtain feedback and
direction from City staff regarding a proposed Zone Change and Comprehensive Plan Map Amendment
for the three parcels identified below along Winburn Way. As described on the attached map, the subject
properties are currently zoned Residential (R-1-7.5) and the proposal would be to rezone the parcels to
Commercial (C-I-D) in order to better reflect their current and historical uses. Depending on the
outcome of the pre-application, the applicants would then submit a second pre-application for a new
building to be constructed at 85 Winburn Way (cafe site).
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Properties:
Parcel (1 )
Address: None
Owners: Roberts/Mattson
Use: Vacant parking
lot (private)
Parcel (2)
Address: 59 Winburn Way
Owner: City of Ashland
Use: Community Center &
Pioneer Hall Buildings
(public)
Parcel (3)
Address: 85 Winburn Way
Owner: Maya Viknius
Applicant: Mark Knox,
UDS, LLC.
Use: Cafe (private)
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485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.33341 fax 541.482.3336
It is not the intent of this proposal to significantly alter the existing uses, but it is the intent of the
applicants to seek approval of a zoning designation that better reflects the existing uses and allows these
uses to operate and be responsive to market conditions as other business do. However, the applicants are
also aware the proposal will likely generate initial public perception and conjecture that certain uses
(i.e., a fast food restaurants or drive-thru business) would be permissible, but with staff's input and the
applicant's strong desire to not only maintain the "park-pedestrian-like" streetscape, but to also evaluate
how the adjacent "public" properties may be enhanced to provide for improved recreational services and
streetscape atmosphere for the residents and visitors of AsWand, we're confident these initial concerns
will be diminished. Regardless, in order to minimize impact on the surrounding neighbors, the
applicants are prepared to consider all options and opportunities.
For example, the current physical association of the cafe site and the ice skating rink / parking lot to the
south is completely void of a relationship - that at one time existed (albeit minimally), but with
thoughtful planning and designing, there could be some synergy created that benefits the two parcels. In
this case, the ice rink does not have its own facilities for bathrooms, employees, spectators, beverages,
shelter or storage for the skate rentals. In addition, there is no place to park the Zamboni machine
(vehicle that refreshes the ice) which now has to cross through pedestrian (mostly children) traffic and
tracks-in gravel and petroleum residue from the street. A similar list of limitations could also be created
for Pioneer Hall to the north. However, with some creative designing and synergistic connectivity
between these three properties, the end result would be far superior to what exists today. The applicants
contend this is an incredible opportunity to improve public services and enhance the Winburn Way
pedestrian streetscape by planning, designing and possibly constructing these types of facilities at the
same time they're designing and constructing the proposed new building.
The applicants have also considered how this proposal may also negatively impact its surroundings and
have considered a variety of options such as the creation of a Development Agreement where the
approval would solely be for a certain type of business such as a local restaurant / cafe, but with no fast
food, no drive-thru, or no major corporate ownership (McDonalds, Starbucks, etc.). Specifically relating
to the proposed building at the cafe site, the applicants are also willing to address with the Planning,
Parks and Conservation Department staff a variety of options that would create a better and more
conservation minded building which may include a retractable roof and rooftop flower garden for not
only thermal heat retention/reduction, but also for it's visioned park-like atmosphere or to add porous
concrete in outdoor dining areas which could include the adjacent property improvements. Overall, the
applicants are considering a well planned, architecturally creative and civic minded proposal not often
seen in modem urban developments.
With the Zone Change and Comprehensive Plan Amendment, it is the applicants belief numerous
oddities with "all" ofthe parcels will be resolved. For example, the cafe / ice cream building has been in
operation as a creamery selling milk products as early as 1896. When zoning was established in the late
1960's and the property was initially zoned residential, the property's use was considered "legal" but
non-conforming as its "use" was commercial in a residential zone. This created a difficult circumstance
where the site's use and its structures could only be altered if a Conditional Use Permit was obtained.
Furthermore, at one point in the site's history, possibly in the late 1970's, the use of the property was
designated as a "seasonal" business which adds confusion and is unclear within City files as to why the
use would be considered "seasonal" when it was a pre-existing "annual" business operation since 1896.
And, what is the definition of "seasonal"? Which season? How long is a season and could a season be
one hour a day for one day of the week? These questions remain unresolved.
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.33341 fax 541.482.3336
Compounding these questions, the current approval, includes a 17 spacc parking Variance meaning the
existing use "could" operate with significantly more tablcs and chairs without the proposed Zone
Change and Comprehensive Plan Amendment, but the combination of the uncertainty of "seasonal" or
the fact the process for any Conditional Use Permit can be highly discretionary, litigious and lengthy.
Busincss owners, as evidenced over the last 30+/- years, have been frustrated and have said they can not
create a viable business that is economically sustainable nor is there any ability to maintain the building
and its grounds. Unfortunately, because of thesc oddities, the existing cafe can no longer continue to
operate under its current "residential zoning" and the entitlement of a Conditional Use Permit.
Alternative Option: An alternative option exists where instead oflooking at the three identified parcels
abovc, a single lot evaluation for 85 Winburn Way could be considered. Although this appears to be
premature and would likely draw some criticism during the public hearings, it is an option and one that
is not likely going to end in a result that is much different than the three lot proposal as explained abovc.
The applicants would still desire a holistic approach with its immediate neighbors regardless of which
parcels would be included in the zone change and Comprehensive Plan Amendment.
Parking: Besides building architecture and permissible uses, a principal issue with a zone change from
R-I-7.5 to C-1-D (no parking overlay) will be the impact on the available parking within the immediate
vicinity. The applicants believe parking is a legitimate concern, but a concern that should be balanced
with smart growth policies as well as the many other policies and goals of the Council (improved
recreational services, off-season business attraction, job creation, sustainable business, historic
preservation, architectural compatibility, etc.). Considering the cafe site already has approval of a
parking space Variance, the proposed zoning overlay essentially legitimizes past approvals from the
City's Planning Commission where they felt there was an abundant amount of parking directly across
the street or adjacent (In fact, the minutes of these hearings clearly show the Commission's surprise the
property wasn't already zoned commercial). Overall, the applicants contend that because of the amount
of parking spaces already within the immediate vicinity as well as the fact that most patrons will already
be visiting the park, other downtown attractions or will be neighborhood pedestrian trips, the impact on
parking will be nominal.
Utilities: All of the existing utilities appear to be readily available within the adjacent Winburn Way
right-of-way. After brief discussion with staff and local utility providers, there doesn't appear to be a
capacity issue of any of the utility services. However, at the time of the formal application, a more
thorough analysis will be completed.
Procedures: Unless staff directs the alternative approach as described, the application will involve
property owned by the City and the final application will require authorization by the City Council to
proceed in accordance with the requirements of Chapter 18.108, Procedures. Section 18.108.017. A.I.c.
which requires the authorization of involved properties owners and specifically states: Complete and
signed application form. The application must be signed by one or more property owners of the property
for which the planning action is requested, or their authorized agents. The application shall not be
considered complete unless it is accompanied by the appropriate application fee.
Authorization by the City Council to permit the processing of a land use application involving the
,Community Center and Pioneer Hall buildings will not establish an endorsement of the proposal. The
land use application would proceed through the normal procedure with a recommendation on the
Rezoning and Comprehensive Plan Map Amendment from the Planning Commission to the City
Council, and a decision by the Planning Commission on the application for a Site Review Permit for the
development of any proposed buildings.
485 W. Nevada Street I Ashland. OR 97520 I phone 541.482.33341 fax 541.482.3336
Parcels in Question:
Parcel (1 )
Address: Vacant
Owners: Roberts / Mattson
Use: Parking lot (private)
This property has always been an unimproved vacant parking lot privately owned and operated. Its ideal
central location and central position between the Community Development & Engineering Services
Building and the Community Center as well as its prominent view from Lithia Park make it an important
property that warrants consideration and forethought. As it exists today as a private dirt parking lot, the
property is underutilized and reflects negatively on the Winburn Way and Lithia Park streetscape. '
Under current zoning, the property owners could build an approximate 2,860 square foot single family
residence. Although the property is within Ashland's Historic District, there is no opportunity for
"discretionary" public review of a home's architecture. In essence, the property "could be" developed as
a contemporary house with a large garage face and a 30' wide parking pad predominately dominating
the streets cape, removing on-street parking, with no public input or appeal opportunity. Fortunately, the
current property owners, who own a real estate business in the near vicinity, see the best use of the
property, based on their current business circumstances, as a parking lot.
Again, there are no immediate plans for this parcel, but its inclusion in the proposal is to simply evaluate
it and the other two identified properties in a comprehensive manner.
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.33341 fax 541.482.3336
Parcel (2)
Address: 59 Winburn Way
Owner: City of Ashland
Use: Civic
Once on separate tax lots, both the Pioneer Hall Building (left) and the Community Center Building
(right) now sit on one tax lot owned by the City of Ashland and managed by the Ashland Parks
Department. Both structures were built in 1921 by A.L. Lamb according to Ashland's Cultural Resource
Inventory (CRI) and both buildings went through extensive restoration in the mid 1980's. Since their
construction, both buildings have been used for various public uses such as men and woman clubs,
weddings, recreational classes, educational classes, government meetings, etc. Both buildings are
significant to Ashland's history as each were generally funded by two prominent citizens, Gwin S.
Butler (Pioneer Hall Building) and Jesse Winburn (Community Center Building). According to the CRI,
Pioneer Hall has a "secondary" local ranking and the Community Center a "primary' local ranking. The
Community Center was listed on the National Register of Historic Places in 1989.
Although built within the same year and by the same contractor, the two buildings have only minor
similarities. Both are single story, both have east facing gables and both have their entrances facing the
street. In addition, each building is considered "legal non-conforming" as each does not have parking,
both appear to exceed their impervious coverage and both do not meet the required front or side yard
setbacks. However, each building is very different in materials used (interior and exterior), platform and
in their sense of entry.
It is not the intention of the proposal to change the use of either building, .but instead provide the
opportunity for staff, the City Council and the Park's Commission to comprehensively evaluate both
buildings as they relate to the adjacent properties. In the applicant's opinion, ifthis property is also
considered for a rezone, the use and architecture would remain as is and the non-conforming elements
resolved. Thus, the rezoning has only a logical outcome.
485 W. Nevada Street I Ashland, OR 97520 1 phone 541.482.33341 fax 541.482.3336
Parcel (3)
Address: 85 Winburn Way Owner: Maya Viknius
Use: Cafe
Proposed Use: Cafe
The proposed use of 85 Winburn Way will essentially remain the same as it exists today, but with a new
building that is respectful to Lithia Park, the Ice Rink and Pioneer Hall (further described below). The
proposal would allow owners to successfully operate a cafe business throughout the year instead of its
current "seasonal" status under the constraints of a "Conditional" Use Permit. However, the applicants
understand this property, as well as the other two properties, are highly sensitive due to their relationship
with Lithia Park and its importance to Ashland's livability, beauty and economy and therefore expect to
seek approval of the Zone Change and Comprehensive Plan Map Amendment under the umbrella and
guidance of a Development Agreement between the private property owners and the City.
At the present time, there are no plans or preconceived ideas for the site's proposed building - just a
vision of a contextually compatible, civic minded, park-like, iconic, human scale and an emotionally
accepted building that will enhance its surroundings. Once this pre-application meeting is completed and
the City Council has considered authorization to include the Community Center and Pioneer Hall, a
second pre-application will be submitted illustrating the general nature and design of the new building.
The applicants intend to form a local team of design professionals, form a committee of citizens and
neighbors and execute the vision as described above. Once these plans are finalized, a fmal application
will be submitted which will include a proposal for a Zoning Map Amendment, Comprehensive Plan
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.33341 fax 541.482.3336
Map Amendment, Development Agreement and Site Review Permit and process each through the
regular land use procedures as described in Chapter 18 of the Ashland Municipal Code.
Summary: Overall, the applicants look forward in partnering with the City to create a logical outcome
that benefits the citizens of Ashland for future generations. This pre-application submittal is not an
official application for a zone change as the official application will include findings of fact, detailed
explanations, and new building design for 85 Winburn Way. Again, it is the applicant's intent to present
some preliminary explanation to staff as well as the City Council in hopes that a public / private
partnership could occur in order to evaluate the three properties in question in a comprehensive manner.
If it is determined, the Community Center and the Pioneer Hall Building do not need to be considered,
but the other two properties should, then the applicant will proceed accordingly.
If for any reason staff has a question pertaining to this proposal or there is a need to meet on-site, please
do not hesitate to contact me at 482-3334. Thank you for your time spent reviewing this pre-application.
Sincerely, ~)
~ -
Mark Knox, Applicant
Urban Development Services, LLC.
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.33341 fax 541.482.3336
The comments of this pre-app are preliminary in nature and subject to change based upon the
submittal of additional or different information. The Planning Commission or City Council are
thejinal decision making authority of the City, and are I/Ot bound by the comments made by the
Staff as part of this pre-application.
ASHLAND PLANNING DEPARTMENT
PRE-APPLICATION CONFERENCE
COMMENT SHEET
September 9, 2009
SITE: 85 Winburn Way
APPLICANT: Urban Development
Services
REQUEST: Comp Plan Amendment and
Zone Change (Specific development
proposal to follow in second pre-app)
ZONING: R-]-7.5 PROPOSED: C-]-D
LANDSCAPING REQUIREMENTS: 10% (7% in parking areas - including driveway isles) site,
size, and species specific landscaping' plan required at time of formal application. Include street
trees, ] per 30' of street frontage. Also include "shade" trees in parking area - I tree per 7 parking
spaces. Trees within parking area should be located in landscape fingers or islands. Avoid using
lawn. Provide irrigation svstem for all landscaped areas. Tree requirements for parking areas shall
consist of a mixture of deciduous trees and shall shade the parking stalls. Landscaping shall be
designed so that 50% coverage occurs after one year and 90% after 5 years.
TREES: Submittal requirements shall include items noted in Chapter 18.61.050. In addition, all
trees to be removed shall meet the criteria noted in 18.61.080 and all trees to be saved shall meet the
requirements noted 18.6] .200. ]ftrees are to be removed, the applicant is required to request their
removal with the application submittals.
PARKING, ACCESS, AND INTERNAL CIRCULATION: No on-site parking is required within
the C-I-D zone.
SETBACKS: No standard setbacks within the C-I-D zone except for a required I O-foot per story
setback in the rear and a ] O-foot sideyard when abutting a residential zone.
LOT COVERAGE: In the C-I-D zone, there are no lot coverage requirements. Regardless, please
. identify on site plan and in text all areas oflandscaping, impervious surface, patio space, etc.
SIGNS: As per 18.96. A separate sign permit will be required prior to installation.
PLANNING STAFF COMMENTS/ISSUES:
t,
Historic Use ofthe Site/Approvals: To provide some historical reference... PA #82-88 involved a
Variance to a parking requirement of 23-24 spaces for 40 indoor and 50 outdoor seats. With that
approval, only 7 auto and 7 bicycle parking spaces were required to be provided for 90 seats at the
Creekside Cafe (i.e. a Variance of ]6-] 7 spaces). During discussion of that application in January
. of 1983, the Planning Commission minutes indicate that the Commission considered the
appropriateness of the residential zoning. When it was suggested that a Commercial zoning might
be more suitable to the uses in place, the discussion noted that with a zone change to Commercial,
controls on commercial expansion of the Cafe would be greatly reduced and it made more sense to
retain the residential zoning and the controls associated with a Conditional Use Permit. It was also
noted at that time that the other buildings on the block (Parks buildings and fraternal
organizations/lodges) were not necessarily commercial in nature and were already established.
Demonstrated Public Benefit: The current block layout has maintained public buildings along
Winburn Way between the downtown and the park to allow some sense of transition between the
high-intensity commercial use and the public recreational uses, and has functioned as a de facto
public services zoning. While staff recognize that there could be a place for a commercial
component within this transitional area if it were executed in a manner complimentary to the
adjacent park and surrounding historic neighborhood, we aren't certain that simply extending the C-
1-0 zoning for the remainder of the block is the best method to achieve this. A final application
submittal would need to clearly articulate the proposal in terms ofa public need/public benefit, and
how such benefit would be significantly different than simply redeveloping the existing cafe site in a
more complimentary manner (i.e. Could the existing cafe be renovated in cooperation with the
Parks Department through a development agreement which might allocate some parking in the Ice
Rink lot in exchange for restrooms and/or other facilities, allowing a significant renovation ofthe
building and some frontage improvements under a modification of the existing CUP?) Previous
applications for similar proposals have been met with some concerns for the potential impacts of
drawing more intense commercial use into Lithia Park, a treasured community resource; for
increasing the intensity of development within close proximity to the Ashland Creek floodplain; and
for the potential increase in parking demand in an area where parking is already frequently at (and
often above) 95 percent of capacity even during "the off-season". In staffs view, more detail would
be necessary to address these concerns and demonstrate a significant public benefit, which is the
most applicable approval criterion.
Parking Issnes: As noted above, parking in this vicinity is nearly always at or above capacity. With
a C-] -0 zoning, no additional parking would be required of the applicants and any additional
parking demand created by development of these parcels would need to be absorbed by surrounding
on-street parking spaces. This could be significantly amplified if the existing parking lot to the
south of the Community Development and Engineering Services Building were redeveloped as an
intense commercial use, increasing parking demand while removing existing parking spaces from
the existing supply. This is likely to be a concern for park users, Granite Street neighbors, and the
plaza-area merchants, many of whom already voice concerns over parking impacts in this vicinity.
Staff would suggest exploring options for retaining some parking on-site (4-6 spaces?).
Drive-Through Uses: The pre-application narrative provided seems to indicate that the operation of
a fast food/drive-through use on the property is a potential concern that could be avoided through the
proposal and that they would be willing to forego this potential use in favor of the zone change.
Applicants should be aware that Ashland's Land Use Ordinance specifically restricts not only the
number of drive-through uses allowed within the city, but also the portion of the city where they are
allowed, and no such use could be put in place on the subject property under the existing or
proposed zoning without significant legislative modifications to the ordinance restrictions. Staff has
no reason to believe that such modifications would be viewed favorably by the Councilor the
community at large.
Form-Based Proposal: In staffs view, the biggest obstacle to the proposal may be the uncertainty
that would come with a zone change - the C-I-D zoning provides a wide array of options that could
impact the area. Given that the proposal involves only two privately owned parcels, the most
effective means to address this uncertainty may be through a form-based approach where the
proposed building forms could be identified with the proposal, thereby resolving much of the
perceived uncertainty of the proposal and perhaps clarifying some of its benefits as well. Additional
performance measures could also be applied to address items including traffic generation, noise,
occupancy type, hours of operation, etc.
Hillside Development Permit: The subject property is located within the Hillside Lands Overlay
zone, and includes some lands with slopes in excess of25 percent. ]fany part of the proposal to
build on these properties involved development (as defined by ordinance) of Hills ide Lands with
slopes in excess of25 percent a Physical & Environmental Constraints Review Permit for Hillside
Development would be necessary.
Traffic Impacts (TIA): Applicants will need to verify whether a Traffic Impact Analysis will be
required by the Public Works/Engineering Division given that the project involves a zone change
which could trigger an increase in vehicle trips to a state highway (via indirect access to/from
Main Street). .
Neighborhood Impacts/Ontreach: Given ever-increasing levels of scrutiny for each project,
Planning staff strongly encourages applicants to approach neighboring property owners to make
them aware of the proposal, and try to identify and address any concerns as early in the process as
possible. In particular, both the plaza area merchants and the Granite Street neighborhood may merit
outreach given potential impacts of the proposal.
Commercial Spread into Lithia Park: The extension of commercial zoning further into Lithia
Park may present a concern for some. The applicants will want to arrange for a discussion with
the Ashland Parks & Recreation Commission to gauge their potential support of this application.
Next Steps: To be deemed complete, a final application submittal would need to include a zoning
permit application signed by all property owners. The applicants would need to contact the City
Administrator's office to request placement ofthe proposal on a future City Council agenda for an
Executive Session to allow Council to determine whether there was willingness on their part in
signing onto the application.
At the time a development proposal for the site(s) is prepared, the applicants would need to address
additional issues including Site Review approval, Physical and Environmental Constraints Review
Permit, and Tree Inventory, Tree Preservation and Tree Protection. Information on these
components of the application may be found on-line at http://www.ashland.oLus/comdevdocs and
will be provided, along with more specific and detailed comment, at the time a second pre-
application is submitted.
Written Findings/Burden of Proof: This pre-application conference is intended to highlight
significant issues of concern to staff and bring them to the applicant's attention prior to their
preparing a formal application submittal. Applicants are advised that written findings addressing the
ordinance criteria are required, and the applicable criteria and required plans are explained in writing
below. All applicants are encouraged to consider enlisting the services of a private professional
land-use planner to prepare their application. The burden of proof is on the applicant(s) to ensure
that all applicable criteria are addressed in writing and that all required plans, written findings, and
other materials are submitted even if those items were not discussed in specific, itemized detail
during this initial pre-application conference.
******************************************************************************
OTHER DEPARTMENTS' COMMENTS
BUILDING DEPT: "The applicant suggests a public/private partnership to include existing historic
properties with have certain exemptions from full compliance with the requirements of chapter 11
(accessibility) in the Oregon Structural Specialty Code. The proposed new building, while designed
to be in character with the existing elements, will need to provide appropriate features which comply
with the code cited. In the next pre-application (if provided), comment should address a plan to
provide accessible route, means of egress and common area components which will meet those
standards." Obtain all necessary permits prior to construction. Please contact Building Official
Mike Broomfield at 552-2073 orvia e-mail to broomnmu,lashland.or.us for any further information.
FIRE DEPARTMENT: See comments at the end of this document. Please contact Division Chief
and Fire Marshal Margueritte Hickman of the Fire Department at 552-2229 or via e-mail to
hickmanm(a)ashland.or.us for any further information. .
ENGINEERING/STORMW A TER/STREETS AND TRANSPORTATION: "Engineering
Department has no comments pertaining to the zone change but will have comments upon review
of subsequent pre-applications." Please contact Karl Johnson of the Engineering Division at 552-
24] 5 or via e-mail to iohnsonk0lashland.or.us for any further information.
WATER AND SEWER SERVICE: "Water: OK." Please contact Terry Oldfield with the
Water Quality Division at 552-2326 or via e-mail to oldficlt(a)ashland.ol'.us for any further
information.
ELECTRIC SERVICE: Please contact Dave Tygerson for service requirements and fee
information at 552-2389 or via e-mail totvgersond(a)ashland.or.us .
HISTORIC COMMISSION: "Zoning change seems reasonable; what are the owner's plans
for this property?" The Historic Commission Review Board meets weekly on Thursday
afternoons, and the full Commission monthly on the first Wednesday evening. When the project
moves to a design phase, the applicants may wish to call the Planning Department at 488-5305 to
arrange for time on one of these agendas for review and comment by the Commission.
******************************************************************************
APPLICATION PROCESS: Type 111- Public Hearing before Planning Commission and/or
City Council
Application Submittal Requirements: 45 days prior to the next available hearing.
Two (2) copies of written findings addressing the following criteria for a Zone
Change/Zoning Map Amendment from 18.108.060:
Zone changes, zoning map amendments and comprehensive plan map changes subject to
the Type III procedure as described in subsection A of this section may be approved if in
compliance with the comprehensive plan and the application demonstrates that one or more
of the following:
a. The change implements a public need, other than the provision of affordable
housing, supported by the Comprehensive Plan; or
b. A substantial change in circumstances has occurred since the existing zoning or
Plan designation was proposed, necessitating the need to adjust to the changed
circumstances; or
c. Circumstances relating to the general public welfare exist that require such an
action; or
d. Proposed increases in residential zoning density resulting from a change from one
zoning district to another zoning district, will provide 25% of the proposed base
density as affordable housing consistent with the approval standards set forth in
18.106.030(G);or
e. Increases in residential zoning density of four units or greater on commercial.
employment or industrial zoned lands (i.e. Residential Overlay), wiil not negatively
impact the City of Ashland's commercial and industrial land supply as required in the
Comprehensive Plan, and will provide 25% of the proposed base density as
affordable housing consistent with the approval standards set forth in 18.1 06.030(G)
The total number of affordable units described in sections 0 or E shall be
determined by rounding down fractional answers to the nearest whole unit. A deed
restriction, or similar legal instrument, shall be used to guarantee compliance with
affordable criteria for a period of not less than 60 years. Sections 0 and E do not
apply to council initiated actions.
Tvpe III Application Procedures:
1. Applications subject to the Type III Procedure shall be process as follows:
a. Complete applications shall be heard at the first regularly scheduled
Commission meeting which is held at least 45 days after the submission of
the application.
b. Notice of the hearing shall be mailed as provided in section 18.108.080.
c. A public hearing shall be held before the Commission as provided in
18.108.100.
2. For planning actions described in section 18.108.060A 1 and 2, the Commission
shall have the authority to take such action as is necessary to make the
amendments to maps and zones as a result of the decision without further action
from the Council unless the decision is appealed. The decision of the Commission
may be appealed to the Council as provided in section 18.108.110.
3. For planning actions described in section 18.108.060.A. 3 and 2, the Commission
shall make a report of its findings and recommendations on the proposed action.
Such report shall be forwarded to the City Council within 45 days of the public
hearing.
a. Upon receipt of the report, or within 60 days of the Commission hearing, the
Council shall hold a public hearing as provided in 18.108.100. Public notice
of such hearing shall be sent as provided in section 18.108.080.
b, The Council may approve, approve with conditions, or deny the application.
NEXT APPLICA nON DEADLINE: 45 days prior to next Planning Commission meeting
PLANNING COMMISSION MEETING: Second Tuesday of each month
FEES: $2,450 Comp Plan Amendment
. $2,450 Zone Change
$ 917 + Y, percent of project value for Comm. Site Review
$ 0 Tree Removal Permit
$ 917 P & E Permit
NOTE: Applications are accepted on a first come-nrst served basis. All applications received are
reviewed by staff, and must be found to be complete before being scheduled at a Planning
Commission meeting. Applications will not be accepted without a complete application form sif!ned
bv the applicant(s) and {Jropertv owner(s), all re(/lIired materials and full pavment.
Applications are reviewed for completeness within 30 days from application date in accordance with
ORS 227.178. The first fifteen COMPLETE applications submitted are processed at the next
available Planning Commission meeting. 'Tvpe 1/1 applications have additional noticinf!
requirements under state and local laws. reQuirinf! additional time (45 davs) between the submittal
and schedulinf! of the first public hearinf!.
Derek Severson, Associate Planner
September 9th, 2009
Date
Ashland Fire & Rescue
Pre-Application Comments
Project 85 Winburn Date: August 24, 2009
Description:
Applicant: Urban Development Fire Department Margueritte Hickman
Services Contact: 552-2229
Phone: 482-3334 Permit Number: PL-2009-01089
Fire department comments are based upon the 2007 Oregon Fire Code as adopted by the Ashland
Municipal Code:
, Addressing - Building numbers or addresses must be at least 4 inches tall, be of a color that is in
contrast to its background, and shall be plainly visible and legible from the street fronting the
property. Additional building numbers or addresses must be plainly visible on the buildings. All
premises identification, street signs and building numbers, must be in place with temporary signs
when constructio'n begins and permanent signage prior to issuance of any occupancy.
Fire Flow - Fire flow is determined by table B I 05.1 in Appendix B of the Oregon Fire Code. An
increase or reduction as referenced by this code section may be required or allowed. Square footage
of a structure for the purpose of determining fire flow includes all areas under the roof including
garages, covered decks, basements and storage areas. A fire flow reduction of up to 75% can be
allowed with the installation of a fire sprinkler system.
Fire Hydrant Distance to Structures - Hydrant distance is measured from the hydrant, along a
driving surface, to the approved fire apparatus operating location. Hydrant distance shall not exceed
300 feet. Hydrant distance can be increased to 600 feet if approved fire sprinkler systems are
installed.
If a fire sprinkler system is installed, the following applies:
Fire Department Connection (FDC) - The FDC is required to be a single 5 inch diameter National
Standard Thread (NST) female swivel connection with rocker lugs and cap installed 18" to 48"
above finished grade. A single 2 y," NST female swivel connection with rocker lugs and cap is
acceptable if hydraulic calculations are provided that indicate a single 2 y, " line will adequately
serve the system. Note that 2 \1," siamese connections are not accepted in the City of Ashland.
Key Box - A Knox Box is required for buildings with fire sprinkler or fire alarms systems. The
Knox Box must be a 3200 series or larger and may be either surface mounted or recessed into a wall.
The installation location of the Knox Box will be determined by Ashland Fire & Rescue. The Knox
Box is required to be installed in accordance with the manufacturers instructions. The Knox Box
order form must be, obtained from Ashland Fire & Rescue.
Final determination of fire hydrant distance, fire now, and fire apparatus access requirements
will be based upon plans submitted for Building Permit review. Changes from plans
submitted with this application can result in further requirements. Any future construction
must meet fire code requirements in effect at that time.
The fire department contact for this project is Fire Marshal Margueritte Hickman. She may
be contacted at (541) 552-2229 or hickmanm@ashland.or.us.
J
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Revision of Fireworks Ordinance 15.28.070
November 3, 2009 Primary Staff Contact: John Karns
Fire Department E-Mail: karnsj@ashland.or.us
Administration Secondary Contact: Martha Bennett
Martha Benne Estimated Time: 20 minutes
Question:
Does the Council wish to consider a provision allowing for permitted legal fireworks in the area east of
Siskiyou Boulevard and North Main St. prior to approving second reading of this ordinance?
Background:
At the October 20,2009 meeting the City Council approved first reading of an ordinance that would
ban the use of retail fireworks city-wide. The ordinance, with changes made at first reading, is
attached. This ordinance will still allow the "official" fireworks display sponsored by the Ashland
Chamber of Commerce.
The City Administrator directed the Fire Chief to evaluate the concept of allowing permitted ]egal
fireworks in the City of Ashland east of Siskiyou Boulevard and North Main St. After evaluating the
intent of the original proposed ordinance change, the ability of Ashland Fire and Rescue to develop
applicab]e and enforceable fireworks display requirements, the Fire Chief feels that a program may be
established to allow for certain legal fireworks display activities in the area east of Siskiyou Bou]evard
and North Main St. The permitting process would involve the applicant to demonstrate the ability to
provide a safe environment for the display of legal fireworks as well as assume all responsibility for
property damage and/or physical injury of those involved. Other parameters would need to be met that
would be included in a Fireworks Permitting Program of Ash]and Fire and Rescue. Ashland Fire and
Rescue would have the ability to establish said requirements for fireworks display as well as allowing
or denying each application based on the applicant's ability to meet the program's requirements.
Related City Policies:
Staffs original recommendation to amend Section 10.24.010 of the Ashland Municipal Code read as
follows:
C. Section 3301: Notwithstanding ORS 480.110 through ORS 480.165 and OAR 837-012-0600
through OAR 837-012-0675, the sale ofretai/fireworks as defined in OAR 837-012-0610 is
prohibited within the City of Ashland. The use of retail fireworks within the City of Ashland is
prohibited during any declared fire season except when the sale of fireworks is permilled
within the State of Oregon pursuant to ORS 480.127 (June 23 to July 6 of each year) in the
area of the Citv east of Siskivou Boulevard and Main St. The use of fireworks is prohibited in
the area of the Citv west of Siskivou Boulevard and North Main St. at all times.
Council Options:
Council may:
. Conduct a second reading of the proposed Ordinance as written.
Page I of2
r~.,
CITY OF
ASHLAND
. Direct staff to develop language for the Ordinance to include permitting oflega] fireworks east of
Siskiyou Bou]evard and North Main St.
Potential Motions:
. Move to direct staff to prepare a permitting program for the use of legal fireworks below the
boulevard prior to the second reading and continue the second reading until December 1,2009.
. Move to approve Second Reading and adopt the ordinance.
Attachments:
Proposed ordinance
Page 2 0[2
-.,.
r_~
ORDINANCE NO.
AN ORDINANCE RELATING TO FIREWORKS,
AND AMENDING AMC 15.28.070
Annotated to show dolotions and additions to the code sections being modified.
Deletions are bold" .. .. .. and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes,
and common law of the United States and of this State expressly or impliedly grant
or allow municipalities, as fully as though this Charter specifically enumerated
each of those powers, as well as all powers not inconsistent with the foregoing;
and, in addition thereto, shall possess all powers hereinafter specifically granted.
All the authority thereof shall have perpetual succession; and
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefiqhters. Local 1660. Beaverton Shop. 20 Or. App.
293,531 P 2d 730, 734 (1975); and
WHEREAS, fuel loading, terrain slope and aspect, and narrow steep streets make fires
both more likely and more difficult to fight in some areas of Ashland; and
WHEREAS, the City should protect against fires caused by fireworks by limiting the
geographic area in which fireworks are allowed;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 15.28.070 [Amendments to the Oregon Fire Code] is hereby
amended to read as follows:
15.28.070 Amendments to the Oregon Fire Code
The Oregon Fire Code is amended in the following respects:
A. Section 506.1 Replace the second sentence 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.
B. Section 508.5.1 & Exceptions: Delete: and replace with the following: The
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.
C. Section 3301: Notwithstanding ORS 480.110 through ORS 480.165 and OAR
837-012-0600 through OAR 837-012-0675, the sale of retail fireworks as
Page 1 of 2
defined in OAR 837-012-0610 is prohibited within the City of Ashland. The
use of retail fireworks within the City is prohibited during any declared fire
, season except when tho wle of fireworks is permitted within the State of
Oregon pursuant to ORS 4 BO.127 (June 23 to July 6 of each ye3r). The use
of fireworks is prohibited at all times in the area ,of the Cit'l'.vest of
Siskiyou Boulevard and North Main Street.
D. 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 vehicles access shall be provided with approved fire apparatus
access roads capable of accommodating fire department aerial apparatus.
Appendix 0105.2 & 105.3 Change 30 feet to 24 feet.
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 3. SavinQs. Notwithstanding this amendmenUrepeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced, shall
remain valid and in full force and effect for purposes of all cases filed or commenced
during the times said ordinance(s) or portions thereof were operative. This section simply
clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions commenced and continued under the laws in effect at the time the matters
were originally filed.
SECTION 4. Codification. Provisions of this Ordinan~e shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter"
or another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-4)
need not be codified and the City Recorder is authorized to correct any cross-references
and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2009
and duly PASSED and ADOPTED this day of , 2009
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 2 of 2
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approva]:
Discussion on Nudity Ban
November 3,2009 Primary Staff Contact:
Administration E-Mail:
None Secondary Contact:
Martha Benne Estimated Time:
Ann Seltzer
ann(al,ash]and.oLus
Lea Light
15 Minutes
Question:
This item comes to the Council at the request of Mayor Stromberg.
Staff Recommendation:
None, this item is for discussion.
Background:
Mayor Stromberg requested the Council revisit the discussion on a possible ban on nudity in specific
locations in Ashland. Council discussed this topic at the September 22, 2009 meeting.
The attached map shows the following locations with a 200 foot buffer zone and a 1000 foot buffer
zone:
. All private and public schools, YMCA, Headstart and known chi]dcare providers (buffers
shown in shades ofb]ue)
. All city park playgrounds, including the skate park and swim reservoir in upper Lithia Park and
the ice rink area (buffers shown in shades of green)
The map does not include:
. Unknown private childcare providers
. Churches that may provide childcare services
Related City Policies:
AMC 10.44.012
Council Options:
Provide new direction to staff.
Potential Motions:
I move
Attachments:
. Map showing buffer zones for schools and parks
. Materials distributed for nudity discussion agenda item at the September meeting
Page 1 of 1
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CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Request for Discussion of Nudity Ordinance
August] 8, 2009 Primary Staff Contact: Richard Appicello
Administration E-Mail: appicelr@ashland.oLus
Legal Secondary Contact: Terry Holderness
Martha Bennett Estimated Time: 10 minutes
Question:
Does the City Council wish direct staff to prepare amendments to AMC 10.44.0] 2 related to nudity
within the City of Ashland?
Staff Recommendation:
This item was requested by Councilor Lemhouse.
Background:
The State of Oregon does not regulate public nudity, but local jurisdictions are permitted to impose
restrictions on it as long as the restrictions aren't unconstitutionally vague. In June 2004, the City
Council adopted an ordinance which prohibits the display of genitalia in public parks and in the CI-D
(downtown) zoning district. Otherwise in Ashland, state law applies.
In June of this year, Councilor Lemhouse asked for City Council discussion of whether the ordinance
is amended to further restrict public nudity near schools and on routes where school children walk to
and from school.
Staff requests direction from the Council on this item. Staff requests that if the Council wishes to
amend the ordinance, we do so in a way that meets all tests related to the First Amendment. That is, it
needs to be content neutral and it needs to be clear and enforceable. .
Related City Policies:
The text of AMC 10.44.012 Public Nudity is:
It is unlawful for any person to expose his or her genitalia while in the C-I-D (Downtown
Commercial) zone or in a public park. This provision is not intended to apply to a person who
is prepubescent or who has taken steps to create an envelope of privacy upon their own
property and the nudity occurs within that envelope.
Council Options:
. Take no action.
. Provide direction on how the Council would like to modify the existing code
. Request additional information prior to providing direction
. Other option
Attachments:
None
Page 1 of 1
....
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~ b~ 'lfz:z..jC57
(l(9~'~U
CITY OF
ASHLAND
Public Memo:
While both the City's existing ordinance and the proposed ordinance pose legal
risks, they are both legally defensible regulations. The City's existing regulation of
nudity as well as the proposed amendment are not preempted by state crimina] law.
City of Portland v. Jackson. In addition, the City's existing regulation of nudity and the
proposed amendment do not violate the Oregon constitution's protection of free
expression. Specifically, the ordinances fall into the third Roberfson category, (a harm
focused law that does not expressly regulate speech but could be enforced in such a
way as to do so). The City of Portland's ordinance (which is more restrictive than
Ash]and's ordinance) was upheld based on this analysis. City of Portland v. Gatewood.
The 2005 Nyssa and Ciancanelli decisions concerned ordinances which directly
regulated expression [i.e. nude dancing and nude shows], and thus these cases were a different
Robertson category; this category permits the regulation of expression only if it faUs within a
historical exemption. The United States Supreme Court has stated that being "in a state of
nudity" is not an inherently expressive condition. City of Erie v. Pap's A.M. Accordingly,
nudity violations are addressed on a case by case basis to determine if the reason for the
enforcement is a message or the conduct. Gatewood, See also Sfate v. Rich (Disorder]y
conduct arrest upheld because the reason for the arrest and conviction was the volume,
duration and timing of the noise not the content of defendant's speech).
Finally, and significantly for the City, there are also risks presented to the City as
a property owner if the City fails to regulate or control public nudity on its property in
relation to private nuisance law. See Mark v. Stafe Department of Fish and Wildlife. (State
ordered to abate private nuisance of uncontrolled public nudity and sexual conduct in
state recreational area.)
This summary is a limited disclosure for purposes of public records law and is nof a waiver of
privilege or a general release of flze underlying internal advisory dOCllment.
.~.
r_~
'::ll~POIl'C(lnIUm~'COnlt'll
~ C//Ulo'j
IlcdvfIIJ CJY~t..L
Clfy OF
ASHLAND
City of Springfield:
5.259 Prohibition of Offensive! Indecent Exposure in a Public Place or Visible from a Public Space.
(Springfield)
(1) It shall be unlawful for any person eight years of age or older to expose their geniralia
while in a public pltlcc or place visible from a public place. if the public place is open or available to
persons of the opposite sex.
(2) Public place may include but is not limited to: city streets, public and/or city parks,
schools and school grounds, city and/or other government property and premises open to the public as
not excluded in the following section.
(3) An exclusion to the above described violation exists for: privately owned adult-only
businesses such as: taverns/bars/c1ubs which cater to an adult cliental. Therefore, excluded from the
above described violation for public nudity/indecent exposure are employees or independent
contractors hired to perform at the establishment, engaging in adult nude or erotic dancing as part of
the adult-only private business ent~rprise.
(a) Note: Customers at such businesses/establishments are not included or protected by
this exception.
(4) Violation oflhis offense shall be punishable by a fine of no more than $720.00. (Section
5.259 added by Ordinance No. 6164, enacted May 15. 2006.J
Astoria:
5.115 Public Indecency.
(1) No person may, while in or in view of a public place, perform an act of urination or defecation,
except in toilets provided for that purpose.
(2) No person may bathe or swim in a lake. river. stream. pond. slough or creek or in a public
swimming pool without wearin!; suitable bathin~ attire if the facilities are simultaneously used by both
sexes. For purposes of this subsection. the words "suitable bathing attire" mean attire that is generally
used. reco&nized and accepted by the p-ublic and that does not expose the bather or swimmer in a
manner offensive to contemporary community standards.
Baker City:
Section 5. Immoral Practices:
1. No person shall willfully and indecently expose his person in any public place or any
place in which other persons mieht be offended thereby. or make any exhibition of
himself to public view in such a manner as to be offensive or designed to excite vicious or lewd
thoughts. IORDlNANCE NO. 29761
Page lors
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CITY Or
ASHLAND
Banks:
130.08 PUBLIC INDECENCY.
No person shalt while in or in view of a public place, perform:
(C) An act of exposine: the ~enitals with the intent of arousin'7 the sexual desire of
themselves or other persons: andlor
Bay City:
Section 2. Disorderlv Conduct. No person shall disturb the peace by:
2.1 Participating or abetting in any rude, indecent. rioto.us, drunken or violent conduct.
2.2 Using any vulgar, obscene or abusive language in a public place.
2.3 Inciting any other person to commit any breach of the peace.
, 2.4 Committing any obscene. indecent or immoral act in a public place.
IOlmlNANCE NO. 585J
Beaverton:
5.08.300 Indecent Exposure.
A. No Deesen shall expose his or her genitalia while in a public place or place visible from a public place. if
the public place is open or available to persons of the opposite sex.
B. A person who violates this section commits a Class B misdemeanor. IBC 5.08.300. added by Ordinance No.
3879,2/14194; Ordinance No. 4009, 6/16/98)
Corvallis:
503080070: Nudity
1 No person shall while in a public ptace or in view of a public place appear in a state of nudity
2 A violation of this Section is a Class C Misdemeanor (Ord: 8277 107071982)
Carlton:
9'.02.020 Indecent exposure.
It shall be unlawful for any person to willfully and lewdly to expose his or her person or the private parts
thereof in any public place or in any place where there are present other persons to be offended or annoyed'
thereby, or to make any other exhibition of himself or herself to public view such as is offensive to decency or is
adapted to excite vicious or lewd thoughts or acts. (Ord. 234 ~ 20,1940)
Central Point:
PUBLIC INDECENCY 9.34.010 Designated--Unlawful.
It is unlawful for any person, if while in or in view of a public place, to perform:
A. An act of sexual intercourse; or
B. An act of deviate sexual intercourse; or
C. An act of exposing his' genitals with the intent of arousing the sexual desire of himself or another person.
(Ord. 116395,1974),
Page 2 of5
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CITY OF
ASHLAND
Dallas:
5.203:
Prohibited Exposure
(1) No person shall, while in or in view of a public place:
(a) Perform an act of urination or defecation, except in toilets provided for that purpose.
(b) Perform an act of exposing the genitals of the person.
(c) Bathe or swim nude in any lake, river, stream, pond, slough, or creek, or in any public swimming
facility.
Violation of this section is a Class C misdemeanor.
Eugene:
4.755 Public Indecency
(1) A person commits the crime of public indecency if while in, or in view of, a public place the person performs:
[c] An act of exposing the genitals of the person with the intent of arousing sexual desire of the person or
another person.
4.755 Public Nudity
It shall be unlawful for any person eight years of age or older to expose their genitalia while in a public place or
a place visible from a public place, if the public place is open or available to persons of the opposite sex.
Florence:
6-1-2-6: PI~OHIBITED NUDITY: It shall be unlawful for any person eight years of age or older to expose his or
her genitalia while in a public place or place visible from a public place, if the public place is open or available
to persons of the opposite sex. (Ordinance 11, Series 1998)'
Gresham:
7.10.070 Indecent Exposure
No persons may expose his or her genitalia while in a public place or place visible from a public place. if the
public place is open or available to persons of the opposite sex .
HiIlsboro:
9.16.050 Public indecency.
A, No person shall, while in, or in view of, a public place, knowingly perform:
1. An act of sexual intercourse;
2. An act of deviate sexual intercourse;
3. An act of nudity;
4, An act of urination or defecation except in toilets provided for that purpose.
B. No owner, lessee, licensee or permittee of a public place as defined in 9.16.040 of this chapter,
shall knowingly permit or allow any person to perform any of the acts described in subsection (A) of this
section. (Prior code 9 6-8.21(1) (a). (b)) .
Page3of5
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CITY OF
ASHLAND
Jacksonville:
!j 9.06.050 PUBLIC tNDECENCY
No person shall. while in or in view of a public place perform:
(A) An act of sexual intercourse.
(B) An act of exposing one's genitals with the intent of arousing the sexual desire of oneself or another person.
(C) An act of urination or defecation, except in toilets provided for that purpose.
Salem:
96.210:0BSCENE CONDUCT IN PUBLIC. It shall be unlawful for any person who is in any public place or in a
place where food or alcohoHc beverage is offered for sale or consumption on the premises to:
(a) Appear in a state of nudity with the intent of arousing sexual excitement in himself or another person;
(b) Engage in any sexual conduct;
(c) Do any act or participate in any activity involving sado-masochistic abuse. (Ord: No. 116-71)
96.220. PUBLIC INDECENCY. It shall be unlawful for any person to knowingly expose his or her genitals to the
view of any person under circumstances in which such conduct creates a risk of public inconvenience,
annoyance, or alarm. (Ord No. t8-85)
Hubbard:
9.15.070 Public Indecency
No person shall, while in or in view of,a public place perform:
(1) An act of sexual intercourse; I
(2) An act of deviant sexual intercourse;
(3) An act of exposing his genitals with the intent of arousing the sexual desire of himself or another person; or
(4) An act of urination or defecation except in toilets provided for that purpose. (Ord. 151-90!j 15, 1990)
Lebanon:
9.16.070 Indecent exposure.
A. It is unlawful for any person to knowingly, intentionally or recklessly expose his or her genitalia while in a
public place or place visible from a public place, if the place is open or available to persons of the opposite sex.
B. Indecent exposure is a misdemeanor, punishable by a fine not to exceed two thousand five hundred dollars
and a term of imprisonment not to exceed one year, or both.
(Ord. 2064 !j I, 1989)
) Ontario:
..,.,.
w_'1
CIT.Y OF
ASHLAND
Phoenix:
9.16.030 Indecent exposure.
It is unlawful for any person to intentionally, knowingly, or recklessly expose his or her genitalia in the city
while in a public place or place visible from a public place.
Troutdale:
9.20.010 Exposure of genitalia unlawful.
It js unlawful (or any person to expose his or her genitalia or enga~e in sexual activity while visible from a
public place
Portland:
14 A.40.030 Indecent Exposure. -
It is unlawful for any person to expose his or her genitalia while in a public place or place visible from a public
place, if the public place is open or available to persons of the opposite sex.
Page5of5
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ASHLAND CITY COUNCIL MEETING
September 22. 2009
Page 4 oJ7
PUBLIC FORUM
Melanie Mindlin/t248 Calypso Court/Represented the initiating group of Transition Town Ashland and provided a
report on the Council Goals, Values and Vision. She provided the history of Transition Town Ashland, shared their
goals, core values and suggestions. She invited the Council and public to attend an introduction to Transition Town's
work the first Thursday of each month at Peace House. The Transition Town website is transitiontownashland.org.
Jim McGinnis/629 Altamont Street/Read a quotc from Dr. Martin Luther King and thought this was a unique
opportunity to establish goals and visions that will effect generations and shared summaries from the report.
Ms. Mindlin explained the core value for planning for the future of Ashland was to cmbrace change and j>roactively
address the issues of non-renewable energy reduction, climate change and ecological and biological constraints, and all
activities associated with planning. She recommended adding a sustainability plan to the Comprehensive Plan. Mr.
McGinnis read goals from the report and Ms. Mindlin introduced the team.
NEW AND MISCELLANEOUS BUSINESS
1. Will Council designate a voting delegate to the annual League of Oregon Cities Conference?
City Recorder Barbara Christensen explained the annual process for designating a voting delegate and altemative to the
League of Oregon Cities.
Councilor Silbiger/Cbapman m/s to designate Councilor Jackson as voting delegate to League nfOregon Cities
conference and Councilor Navickas as the alternate delegate. DISCUSSION: Counci lor Voisin confrrmed that the
voting delegate represented all of Council. City Administrator Martha Bennett clarified that the voting delegate would
vote on statewide issues the Council rarely as a whole did not agree. Councilor Jackson provided an example. Voice
Vote: ALL AYES.
UNFINISHED BUSINESS
1. Discussion on nudity ordinance.
Submitted documents listing what other cities did regarding puhlic nudity and a summary were distributed to the public.
City Attomey Richard Appicello explained the documents were limited disclosure for purposes of public records law and
not intended to be a waiver of privilege or general release ofthe underlined document. He went on to specity this was a
policy decision for the Council to decide. Compared to what other cities allowed and prohibited regarding public nudity
the Ashland ordinance was less restrictive. The current ordinance was defensible and the proposed amendments
restricting public nudity in school areas, etc, would be legal as well. He provided history on State law regardiog nudity,
noted previous cases tried in Oregon and the legal affects of nudity as a nuisance. He suggested the Council consider
changing the ". ..place visible from a public place..," languagcs in the current ordinance or striking it, decide geographic
limitations or allow public nudity citywide, include mental state and detennine whether it was a violation or crime. .
Mr. Appicello clarified if Council wanted to make it a crime, including '~criminal negligence" would be enough. If the
ordinance did not include mental state they could add "intentionally, knowingly and recklessly" to establish criminal
culpability. Statutes that contain "intentionally" regarding mental state could be more difficult to prove and typically,
violations do not include mental state.
Body activism, protected expression and violation of public nudity law would be case-by-case to detennine whcther it
violated first amendment rights. Evcry casc had to be decided by the facts of that case; these cases would be no different.
Public nudity is a violation and public indecency is a crime under State and City law. The City has jurisdiction of
violations and crimes committed within city limits.
Council asked if the origins of the ordinance were based on having a tool to address the youths on the plaza. Staff will
pull the minutes to detennine why the ordinance was initiated.
Derek Volkart/falent/lntroduced himself as the Chair of the Southern Oregon American Civil Libcrtics Union (ACLU)
but was speaking as a citizen. He expressed shock at how far the public nudity issue had gone. He did not believe a
naked man was hannful to children and thought the potential hann was the unnecessary authoritative response to non-
ASHLAND CITY COUNCIL MEETING
September 22, 2009
Page 5 aJ7
confonnists who are often targeted. The public has no more right to tell someone to wear clothing anymore than dictating
how one should dress. Public reaction was disproportionate to the. situation and he cautioned not allowing big brother to
get a grip on everyone's reality.
Ralph Temple/ISO Meyer Creek Road/ Spoke on behalf of the Southem Oregon Chapter of the ACLU and explained
the basics of civil liberties. Liberty meant individuals get to be free, without the restraint of authority and govemment.
The culture of liberty values is the right to be different and that is why the public has to tolerate movements like the
American Nazi Party and the Ku Klux Klan when they exercise their right offree speech. The ACLU lost a quarterofits
support when they represented those movements but the Supreme Court unanimously voted for their right to free speech.
When people encounter public nudity and do not like it, they should look the other way, liberty means tolerating the
eccentrics. The Bill of Rights was specifically written to limit what the majority could do to the dissenters, outcasts and
non-confonnists. The nation's philosophy is that liberty is so important it outweighs the public interest unless it is liable,
slander, perjury or physical violence. Sexual expression is expression and it has never held that nudity is not expression
and most likely never will. Mr. Temple cautioned Council that changing the ordinance could incur legal risks and urged
Council not to expose the City to lawsuits and other ramifications that could be very expensive.
Colin Swales/143 8'h Street/Voiced his frustration and criticized the process, the lack of infonnation in the Council
packet and the precedence this agenda item had received. He explained the ordinance was passed in 2003 as a tool for
the Police Department to prohibit skinny-dipping in the park with the intention never to prosecute and was flabbergasted
that Council considered making it a criminal action. He felt it was a waste of everyone's time.
Councilor Lembouse/Jackson mls tbat Council direct staffto bring back an amendment to tbe existing ordinance
making it a violation for intentionally exposing genitalia witbin a 1,000 fcct of a scbool while in public or a place
visible from a public place, DISCUSSION: Councilor Lemhouse eXplained he wanted to clean up some of the
language in the existing ordinance in tenns ofa place visible from a public place, He requested it be a violation and did
not want to criminalize the act because it was not a sex offense in the criminal sense. Adding "intentionally or
knowingly" would eliminate any ambiguity. He wanted the right to have discussions with his children regarding nudity
and sexuality on his tenns, not in route to school where a man or woman was intentionally exposing their genitalia within
a school zone. That took away his rights and his child's rights. Public nudity also underestimated the impact to survivors
of sexual abuse. The limitation was reasonable and not as restrictive as other cities. The City was well within their rights
to do this and sound ifthat was the decision. He affinned that children who have suffered sexual abuse are vulnerable
and sensitive to seeing a naked person in that context in a school zone and it is important not to diminish that fact.
Councilor Navickas compared restricting schools zones to Measure 9 regarding homosexuality. The ordinance attacks
individuals who are body activists or body consciousness. Society has unhealthy views regarding body consciousness,
there are eating disorders, pornography, highly sexual advertising. It was important to protect those individuals who want
to do nude activism because it made people begin to question their own understanding and conception of the human
body. Society needed to mature their conceptions of the human body in general. He commented on public testimony
earlier that referred to dress code and how the ordinance was moving towards a dress code in the community. Ashland is
a community that works to protect progressive thought, free speech and the rights of individual citizens. He was happy to
live in a town with the occasional naked person walking down the street, wanted it to continue and did not want the
community to eat away at those breaks in tradition.
Councilor Jackson supported the concept in general adding the community has always had a balance between freedom,
expression, tolerance, individualism and the norms of society. Children should be able to walk to school without being
confronted with something that felt threatening. No matter what the adult standards\vcrc. This would act as increment to
the ordinance in response to situations that occurred in the community.
Councilor Lemhouse clarified the motion prohibited exposing genitalia from a public place or private place viewed from
a public space within 1,000 feet of a school. City Administrator Martha Bennett added that prior to changing the
ordinance staff would provide Council with a map that would indicate the number of areas this would affect and noted it
may cover the entire community. Councilor Lemhouse reiterated this was a tool for the Police Department to notifY
individuals they cannot be naked with 1,000 of a school zone, non-cnmpliance would result in a citation. .
ASHLAND CITY COUNCIL MEETING
September 22. 2009
Page 6 aJ7
Councilor Chapman commented that simply being naked was not harmful and certainly not criminal, ifanything it was a
nuisance and a violation. He understood a good portion ofthc community found this behavior offensive and added he
found a lot of behavior more offensive than nudity. He did not support expanding the current ordinance into a patchwork
of anti-nudity zones. If the community as a whole took a stance on nudity, he would be more likely to support an
ordinance similar to Eugene or Portland and strongly supported appealing the current ordinance.
Councilor Silbigerexplaincd this was about community values, not politics. The vast majority of the world has standards
that prohibit walking around naked. He was not in favor of the original ordinance and had talked with people who he
thought would be opposed to restricting nudity in school zones that were actually offended it was allowed around
schools. These are personal issues and Council needs to address them. He agreed on restricting nudity in school zones
but thought it would nut be realistic after looking at the map, People could challenge other city ordinances as a violation
ofthe Oregon Constitution but it was not a violation of Federal Constitution. Ultimately, this would be a referendum of
community values. This was something the community bclieved should happen and he doubted the City was violating the
rights of people. Citizens could make these types of standards and he supported the motion in order to bring it forward
for community discussion.
Councilor Voisin did not support the amendment because one man exposing his genitalia not knowing he was in a school
zone did not warrant a law. It seemed sexist because the ordinance did not include breasts and the current ordinance itself
was working fine. She supported appealing the ordinance but given public concern, thought the City should retain it.
Mayor Stromberg agreed the issue was community vaLues'and did not feel comfortable having Council determine those
values on this issue. That determination belonged to the community and there was a public process for it. He felt there
were far more sexually overt activities, dress and publications that were more threatening to children than a naked person
was. He would not votc in favor of the amendment, the community needed to go through thc public process.
Councilor Jackson commented the issue was originally brought to Council and decisions were often based on the public
input Council receives. Council had heard a considerable amount of testimony the first night; research showed Ashland
did not have the strictest ordinance and now Council was taking a measured approach in response. The public deserved
the opportunity to come back to Council on'this issue.
ROLL CALL VOTE: Councilor Lemhouse, Silbiger and Jackson, YES; Councilor Navickas, Voisin, and
Chapman, NO; Mayor Stromberg, NO. Motion failed 4-3.
Councilor SilbigerlLemhouse mls an ordinance be prepared for the purpose of placing it on a future ballot for
public referendum using the Eugene ordinanceas an example. DISCUSSION: Councilor Silbiger agreed this was a
community values decision and Council could further that discussion by putting it on the ballot. Councilor Navickas
thought the Council's role was to find common ground and move forward issues with majority agreement. Putting this
on the ballot would divide the citizens when Council should be working to bring community together. Mayor Stromberg
explained if there was enough interest in this issue to collect the signatures needed to get it on the ballot, it was
appropriate. This was a question of balance within the community and he did not feel equipped to guess what that was,
Councilor Chapman commented he had seen many initiatives that were bad law. .He would reluctantly vote no but
wanted to see something similar come forward and a repeal of the current ordinance. ROLL CALL VOTE: Council
Lemhouse, Silbiger and Jackson, YES; Council Navickas, Voisin and Chapman, NO. Mayor Stromberg broke
the tie with a NO vote. Motion failed 4-3.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Would the Council approve second reading of an ordinance to amend Ashland Municipal Code Chapter 2.41,
"Voluntary Contribution and Spending Limits for Candidates ror City Offices"?
City Recorder Barbara Christensen noted changes to the formula that held the postage rate to a pereentage increase based
on the current CPI-all urban consumer Portland index that would be the current postage rate and increased annually
January I based on whatever the CPl was. Another change regarded the appeal process that would have Counci I select
the hearing officer.
l(10/29/2009) Martha Bennett - Fwd: Nudity: A Proposal by the Southern Oregon Chapter of the ACLU
Page 11
From:
Subject:
Martha Bennett
Fwd: Nudity: A Proposal by the Southern Oregon Chapter of the ACLU
From: RTemole1340lalaol.com
Date: October 27,200910:29:39 AM PDT
To: iohnlslalopendoor.com
Subject: Nudity: A Proposal by the Southern Oregon Chapter of the ACLU
Dear Mayor Stromberg:
The Southern Oregon Chapter of the ACLU of Oregon proposes a possible
solution to concerns about people exposing themselves to school children.
As you know from our appearance before you on September 22nd, we oppose
general bans on nudity. We opposed the September 22nd proposal to enact
an ordinance banning nudity within 1.000 feet of schools, based in
significant part on our view that a few were overreacting to one man having shown up
nude this year. Now. it appears, another man has shown up nude, this one
strolling on Walker Street, where there are several schools, and where
schoolchildren saw him.
We still believe the reaction to this aberrational occurrence is
excessive. It is not a healthy dynamic for civil liberties when residents become
agitated over exceptional occurrences and immediately respond with
insistence on new restrictions. We need community leaders, as you have
demonstrated, to serve as a calming influence to allow the dust to settle, and to
view realistically whether or not there is a threat that warrants new
legislation. new restrictions, and increased governmental intervention,
But we understand the concern, and understand your impulse to be
responsive to it.
Accordingly, we offer the following suggestion. The Oregon statute on
Public Indecency (ORS 163.465) prohibits exposure of the genitals with the
intent of "arousing the sexual desire of the person or another person."
If someone deliberately targets minors as the objectives of his exposure. we
believe that could constitute a violation of the state statute. In
offering this suggestion. we draw a distinction between someone walking nude in an
area where there are children, such as any City sidewalk or school zone,
and someone whose conduct clearly shows that he is specifically targeting
children to view his nudity,
We suggest that you request the City Attorney to prepare a legal
opinion for the Chief of Police, or request such an opinion from the District
Attorney, setting out the legal basis and reasoning to support police action in
such circumstances. The Chief of Police could then issue guidelines for
his officers regarding what conduct would warrant police intervention --
either a warning, citation or arrest. That would protect children from sexual
f(10/29/2009) Martha Sennett - Fwd: Nudity: A Proposal by the Southern Oregon Chapter of the ACLU
Page 21
provocateurs, not just in school vicinities, but all over the City.
We also note that Oregon law has been highly protective of freedom of
expression, including sexual expression -- much more so than Federal law,
For example, in State v. Ciancanelli, 339 Or. 282,121 P.3d 613 (2005),
the Oregon Supreme Court struck down a state statute prohibiting live sex
shows. The defendant had women performing, before individuals and groups, acts
of masturbation, oral sex, and rubbing their bare breasts against the
customers. The decision directly affects only private, not public, expression,
But it demonstrates that the Oregon Supreme Court takes a far broader view
of sex-related expression than that of the United States Supreme Court,
The Supreme Court of Oregon concluded:
1. A live sex show is expression.
2. Sexual expression is protected by Article I, Section 8 of the
Oregon Constitution.
3. "Historical exceptions" to protected expression consist of long
recognized. inherently criminal expression, such as perjury, solicitation to
commit a crime, and speech in the performance of theft, forgery, or fraud,
etc. On the other hand. those laws "that focus on protecting the hearer
from the message" are not exempted from protected expression.
4. "[H]ere the criminal prohibitions at issue are and always have
been directed at protecting the hearer (or. in this case, the viewer) from the
message.... We see nothing in the state's argument or elsewhere in the
record that even approaches the required showing" to justify prohibition of
expression.
As noted, the Oregon Supreme Court is not favorably disposed to
protecting the public from being exposed to abusive and offensive speech and
gestures. and has rejected the federal "fighting words" exception to freedom of
speech set forth in Chaplinski v, New Hampshire. 315 U.S. 568 (1942), in
favor of the powerfully protective principle most recently announced in
State v, Johnson, 345 Or. 402, 412 (2008):
"Harassment and annoyance are among common reactions to seeing or
hearing gestures or words that one finds unpleasant. Words or gestures that
cause only that kind of reaction, however, cannot be prohibited in a free
society. even if the words or gestures occur publicly and are insulting,
abusive or both."
Certainly everyone, including the Oregon Supreme Court, is sympathetic
to the value of protecting children, But all too often, as in the case of
the proposal to expand the Ashland nudity ban to cover school vicinities,
1(10/29/2009) Martha Sennett - Fwd: Nudity: A Proposal by the Southern Oregon Chapter of the ACLU
Page 3]
the arguments for protecting children are merely used as justification for
overly broad limitations on differing or minority expressions and lifestyles.
In Ciancanelli, the Oregon court discusses its readiness to examine on
a case-by-case basis the alleged harmful effects which the government
relies on to justify restrictions on expression. This echoes the long line of
federal cases, cited by Justice Souder in his dissent in Erie v, Pap's,
529 US 277 (2000), holding that the government must prove the alleged harmful
effects of the expression it wants to ban, and prove that the restriction
it proposes would prevent that harm. It is questionable whether one nude
showing up in the vicinity of a school would satisfy the Oregon courts that
there was a real threat justifying a general ban on nudity anywhere near a
school.
We hope that our suggestion of employing the existing State law to
protect children from being targeted by sexual exhibitionists. not just in
school areas but all over the City, will find favor with you and provide a
solution to the present controversy.
Respectfully,
Ralph Temple
Southern Oregon Chapter of the ACLU of Oregon
Derek Vol kart
Chairman, Southern Oregon Chapter of the ACLU of Oregon</HTML>
CITY OF
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 2: Pt 1. Commissions Committees and Boards
Meeting Date: November 3, 2009 Primary Staff Contact: Richard Appicello
Department: Lega] E-Mai]: appicelr@ashland.or.us
Secondary Dept.: City Recorder Secondary Contact: Barbara Christensen
Approval: Martha Bennet Estimated Time: 20 minutes
Question:
Should the Council approve First Reading of an ordinance amending Council Rules Chapter 2.04.090,
2.04.100 and 2.04.1 ] 0 to add Council Rules relating to commissions and liaisons, and move the
ordinance on to Second Reading?
Staff Recommendation:
Staff recommends Council approve the First Reading of this ordinance.
Background:
On October 6, 2009, Council addressed issues 1,2, and 3 in this memo.
In 2006 and 2007 the Council Rules Committee worked on Council rules concerning how the Council
and Mayor act in relationship to appointed commissions, committees and boards. These rules concern
matters such as the appointment and removal of members of regular boards as well as ad hoc entities,
like task forces. The Council Ru]es Committee also worked on rules concerning the role and duties of
the Council liaison. The attached ordinance [Part I] is an expansion of the 5/29/07 draft created by the
Council Ru]es Committee only as it concerns the relationship of the Mayor and Council to the
Commissions, e.g. appointment, removal, and roles of the liaison. [See attached 5/29/07 draft
specifically numbered paragraphs 9 Commissions and 11 Liaisons which corresponds with the outline
presently in AMC 2.04.090 and AMC 2.04.110.] Another ordinance [Part 2] concerns establishment of
uniform policies and operating procedures for all commissions, committees and boards. [See aI/ached
5/29/07 draft specifically numbered paragraph 10 regarding Uniform Rules which corresponds with
the outline presently in AMC 2.04.100.]
These ordinances [Part I and Part II] present some policy issues for the Council.
I. Power of Liaisons.
All Council liaisons shall be: (choose one)
a. A voting member of the advisory commission, committee or board; or
b. A non-voting ex officio member of the advisory commission, committee or board; or
c. A non-member Liaison to the advisory commission, committee or board.
All advisory commissions need to be treated the same. The only exceptions concern bodies created
under state laws and the Municipal Audit Committee. City Administration asked that this ordinance
reflect that no Councilor or Mayor be a voting member of an advisory body. This change is included
Page lof3
r~'
CITY OF
ASHLAND
in this Part I ordinance and Part II. The Forest Lands Commission, Transportation Commission,
Conservation Commission, Historic Commission, Airport Commission, and Tree Commission still
have non-voting ex officio Council members. Other Boards and Commissions have only the default
non-member Council Liaison. [Part 1- 2.04.100.A.] It is recommended that this be made uniform -i.e.
all ex-officio non-voting Council liaison members or all non-member Council liaisons. The major
difference is that ex-officio officers are members and thus can participate as a member (e.g. call a point
of order) whereas non-member liaisons simply observe and periodically report at the discretion of the
chair. This choice depends upon how strongly the Council feels Liaisons should not interfere with the
debate. If you choose all non-member liaisons the Forest Lands Commission, Transportation
Commission, Conservation Commission, Historic Commission, Airport Commission, and Tree
Commission provision in Part II will be amended accordingly. If you choose all non-voting ex officio
member Liaisons, the remainder of the Commissions will be amended.
2. Term Limits.
Part II [2.10.020] creates term limits for advisory body members. Currently the ordinance sets 3 year
terms as standard (Planning Commission 4 years). No member may serve more than five terms on a
single commission. (15 years and 20 years for PC). The Council should consider whether this is a real
limitation (earlier drafts proposed three terms - 9 years). A]so there appears to be no statutory reason
why the Planning Commission needs to be 4 years. AN exception to term limits was added based on
comments received to allow a unanimous council to override the limit.
3. Removal.
This ordinance has provision for removal. [Part I - 2.04.090.F]. The removal of an appointed officer is
written as being authorized with or without cause. Only a simple majority of the Council is required.
The only exception is for Planning Commissioners, based on a specific state law [ORS 227.030] which
requires a hearing and a finding of misconduct or non-performance. Accordingly, while the Mayor and
Council may be inclined to remove a Planning Commissioner, the statutes require a public hearing and
a finding of cause. The ordinance requires these Planning Commission specific hearings be made non-
politica] thus the delegation to the Administrator under AMC 2.30. To give the Council greater
flexibility, the Code was written such that there is no requirement to have a hearing or find cause for
all other commissions. The Council should consider if this hearing and cause requirement should be
expanded.
4. Roberts Ru]es.
Part II [2.10.075] specifies that Roberts Ru]es shall be followed but failure to follow the rules is not
fatal.
2.10.075. Robert's Rules of Order. Roberts Rules of Order shall govern the conduct of all
meetings of advisory commissions, committees and boards, when not in conflict with the
Ashland City Charter and the Ashland Municipa] Code. Fai]ure to strictly follow Roberts
Rules of Order shall not be cause to void or otherwise disturb a decision or action. The body
will strive to be clear in its proceedings.
Page 2 of3
r~'
CITY OF
ASHLAND
The existing Municipal Code states the following for Roberts Rules as regards Council actions:
2.04.020 H. Robert's Rules of Order.
Robert's Rules of Order shall be the authority for the government of the Council during its
sessions, when not in conflict with the City Charter and these code rules. Failure to strictly
follow Robert's Rules of Order shall not be cause to void or otherwise disturb a decision or
action of the Council. The Council will strive to be clear in its proceedings.
These provisions are nearly identical. Does the Council wish to modify one or both of them to be more
clear or to facilitate more informality.
5. Chair Participation.
Roberts Rules provides that on large Commissions the Chair should not make motions. There is no
formal break, but on smaller boards the Chair is permitted to make motions. Does the Council wish to
specify that the Chair: (a) can always make motions and participate regardless of the Commission; (b)
may make motions and participate only on commissions of _ size?
6. Progression from Vice Chair to Chair.
Apparently some Commissions have a history of always moving the Vice Chair to the Chair position
after a year of vice chair service and apprenticeship. Does the Council wish to codity and unify this
practice for all commissions and boards.
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(I) Move to approve First Reading of the ordinance and set second reading for October 20,2009.
(2) Postpone First Reading to a date certain.
Potential Motions:
Staff: Conduct First Reading:
AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE CHAPTER 2.04.090,
2.04. I 00 AND 2.04.11 0 RELATING TO COUNCIL RULES
Council:
2009.
Move to approve First Reading of the ordinance and set second reading for October 20.
Attachments:
Proposed ordinance
5/29/07 draft
Page 3 on
r~'
ORDINANCE NO.
AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE CHAPTER
2.04.090,2.04.100 AND 2.04.110 RELATING TO COUNCil RULES
Annotated to show dolotions and additions to the code sections being modified.
Deletions are bold .., .. and additions are bold underlined.
WHEREAS, in 2006-2007 the City Council undertook the task of reviewing the
Council Rules codified in AMC Chapter 2, under which the City Council operates;
and
WHEREAS, as part of the Council Rules review, the Council Rules Committee'
began a review and discussion of the rules under which its advisory boards and
commissions operate and the relationship of the Council and Mayor to such
bodies; and
WHEREAS, the City Council desires to complete the work of the Council Rules
Committee as it relates to Additional Council Rules [this ordinance] as well as
Uniform Policies and Operating Procedures for Advisory Bodies [separate
ordinance]; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1. AMC 2.04.090 [Commissions, Committees, and Boards] is hereby
amended to read as follows:
2.04.090 Commissions, Committees, and Boards
A. Establishing Commissions, Committees or Boards.
Commissions, committees and boards oriQinate from different
sources, includinQ OreQon State Statute. City Charter and Municipal
Code; others are established by direction of the Mayor or the City
Council. AdYisory Commissions and Boards which are permanent
[ReQularl shall be codified in AMC Chapter 2, includinQ but not
limited to Forest lands Commission. PlanninQ Commission.
Transportation Commission. PlanninQ HearinQs Board. Public
Recreation Commission. Public Arts Commission. Conservation
Commission, Ashland Airport Commission, HousinQ Commission,
Historic Commission, Tree Commission, and the Municipal Audit
Committee. AMC 2.10 contains code common to all Appointed
Commissions and Boards.
B. COllAGil Ad-hoc Committees and Task Forces.
Page I of7
The Mayor shall have the authority, independent of the Council, to
form ad-hoc committees or task forces to deal with specific tasks
within specific time frames. Such committees or task forces shall
make recommendations by way of a formal report to the City
Council. The Mayor or City Administrator may refer matters to the
appropriate ad hoc committee or task force. The Mayor with the
consent of the Council shall appoint the membership of such
committees or task forces. Members of ReQular Boards and
Commissions may be appointed to ad hoc committees and task
forces. The City Administrator shall by order establish the ad hoc
body's scope of the work. The Council has the authority to follow
the recommendations, chanQe the recommendations, take no action,
remand the matter back to the ad hoc body or take any other action it
sees fit. The Council by maiority vote may remove a member of an
ad hoc committee or task force at any time, with or without cause.
The City Council by maiority vote may amend or dissolve an ad hoc
committee or task force.
C. ReQular Commission and Board Membership Appointments.
Except for the Municipal Audit Committee (AMC 2.11), all committees
and Boards not required by state law to be appointed by the City
Council shall be appointed by the Mayor with the consent of the
Council. The Mayor may request assistance or recommendations
from Councilors in makinQ appointments. In the Mayor's absence,
any necessary appointment may be made by the presidinQ officer
. with the consent of the Council. When necessary, the Mayor shall
staQQer the initial expiration of terms of appointees, such as in the
case of a new commission, board or committee. The Mayor shall not
appoint, nor shall the Council consent to the appointment of a
person to more than two (2) ReQular Board. Committee or
Commission at a time. This rule shall not apply to the PlanninQ
HearinQ Board. Because broad citizen participation is encouraQed.
the Mayor shall not appoint nor shall the Council confirm a person to
more than five (5) full terms on any sinQle ReQular Board or
Commission.
D. Mayor Membership on Ashland Budget Committee.
For the purpose of local budQet law, the Mayor is a member of the
QoverninQ body of the City of Ashland. and shall be a votinQ member
of the budQet committee.
E. Student Membership on ReQular Commission and Committees.
Page 2 of7
The Mayor with the consent of the City Council may add to the
membership of any city Commission, Committee, or Board UP to two
positions for student liaisons. The student liaisons shall be non-
. votinQ ex officio members of their respective commissions or
committees. Once the liaison positions have been added, the liaison
from the hiQh school shall be a hiQh school student chosen by the
Ashland HiQh School Leadership class and the liaison from the
university shall be a university student chosen by the Associated
Students of Southern OreQon University Student Senate.
F. Regular Membership Removal Process.
The City Council, with or without cause, may by majority vote of the
City Council at a reQular meetinQ, remove any ReQular Commission,
Committee or Board member prior to the expiration of the term of the
appointment. Written notice of removal to the affected member shall
be provided. Removal shall be handled with respect and courtesy. If
a member resiQns or is removed, the Mayor shall appoint a
replacement for the remainder of the term in accordance with
paraQraph C. above. NotwithstandinQ the above procedure, removal
of a PlanninQ Commissioner shall be Qoverned by the procedures in
ORS 227.030. HearinQs under ORS 227.030 are hereby deleQated by
the QoverninQ body to the City Administrator or HearinQs Officer in
accordance with the AMC. 2.30, the Uniform Administrative Appeals
Ordinance.
G. Changing or Dissolving a Regular Commission. Committee or Board.
After the commission, committee or board has been formed and
codified, any chanQe or dissolution requires an ordinance amendinQ
the Municipal Code.
SECTION 2. AMC 2.04.100 [Operating Policies and Procedures Commissions,
Committees and Boards] is hereby amended to read as follows:
2.01.100 Operating PoliGies and PrOGedllreS Commissions, Committees and
Boards
1'.. PllbliG Meeting Law.
B. Robert's Rilles of Order.
C. Deliberation.
D. Agendas and Minutes.
E. I'.bsenGes.
F. QllOrUm.
G. Code of EthiGs.
H. Lobbying.
I. Goals.
Page 3 of7
J. Role of Staff.
K. final DeGision Making.
L. Nllmber of Meetings.
M. NotiGe.
N. Representing the Commission, Committee or Board.
O. Budget.
P. Expenses.
Q. Committees.
R. Suspension of Operating PrOGedllreS
SECTION 3. AMC 2.04.110 [Council Liaisons] is hereby amended and
renumbered to read as follows:
2.04.100 .f.W Council Liaisons
A. Role and Responsibilities of Council Liaisons.
a. The primary role of a Council liaison is to facilitate
communication between the relevant orQanization and the
Council. As relates to non-reQional or city advisory
commissions, committees and boards, a Council Liaison is
not a member of the advisory body, is not a votinQ member
and may not serve as Chair. NotwithstandinQ the above, if
a City Councilor, Mayor or other elected official is a
member (votinQ or non-votinQ) of an advisory commission,
committee or board, the Code will specifically desiQnate
them as such.
b. City Councilors serve as liaisons to commissions,
committees, boards, community orQanizations and other
aQencies and are expected to represent the full City Council
in interactinQ with the Qroup. This expectation extends to
representation of the City in formal meetinQs, informal
meetinQs and 10bbyinQ. In all other instances council
members may attend meetinQs as individuals and will
identify their comments as personal views or opinions not
a representation of city council policy.
B. Attendance.
Liaisons shall attend all reQular meetinQs of the Commissions,
Committees, Boards, or Task Forces to which they have assiQned. In
the event a liaison has difficulty attendinQ, the liaison should find an
alternate to attend or review the video or other record of the
proceedinQ. In the event of a continuinQ schedulinQ conflict, the
Liaison should ask the Mayor to be reassiQned. Liaisons shall not
Page 4 of7
attend Quasi-judicial proceedinQs when the final appeal or final
decision "is or could come before the City Council.
C. Deliberations.
a. The City Council values diversity of opinion. A siQnificant
role of an advisory body is to represent many points of
view in the community and to provide the Council with
advice based on a full spectrum of concerns and
perspectives. AccordinQly, under no circumstances is a
liaison to a City advisory body to attempt to direct debate,
lobby, or otherwise influence the direction or decisions of
any advisory body to which he or she has been assiQned.
Any attempt to do so may result in removal from the liaison
position. AccordinQly, Council liaisons may wish to limit
their participation durinQ debate and deliberations to
answerinQ Questions.
b. This restriction on deliberation, 10bbyinQ and directinq
debate does not apply to a liaison who is representinCl the
City Council's position on a reqional body that includes
elected officials from other iurisdictions.
D. Respect for PresidinQ Officer.
Except where the Code expressly provides otherwise, City
Councilors attendinQ advisory body meetinQs as liaisons are not
"members" of the advisory body and as such cannot participate in
the proceedinQs of the advisory body as a matter of riQht. When the
Council liaison is representinQ the City Council on a reQional body.
the Liaison has all riQhts and powers of a member as set forth in the
statutes, rules or ordinances creatinq such body. Accordinqly,
Councilors attendinQ advisory body or reQional body meetinQs as
liaisons or as individuals shall accord the same respect toward the
Chair and other members as they do towards the Mayor. PresidinQ
officer or each other.
E. Council Information.
Liaisons will inform the advisory bodies to which they have been
appointed liaison of Council aQenda items and Council decisions
that may be of interest to the advisory body. Liaisons shall also
encouraqe advisory board members to attend Council meetinqs to
keep abreast of Council action, policy matters and the activities of
the city. To facilitate the above, and notwithstandinQ any other
provision of the Code, the Chair of an advisory body shall
Page 5 of7
periodically place on the Aaenda for the advisory body, an item
labeled "Report of Council Liaison".
F. Role of Liaison as Reaards Vacancies.
The Council liaison for each advisory body, tOQether with the
advisory body chair and assianed staff liaison will make
recommendations to the Mayor for appointment of citizens to fill
vacancies on their respective advisory bodies.
G. Reporting to the Council.
Council liaisons shall periodically report to the entire Council on
sianificant and important activities of each advisory body or reQional
body to which they have been assianed. In addition, each advisory
body and reQional body should be invited to aive a short annual
presentation to the Council. Liaisons may seek assistance from the
relevant staff liaison to accomplish this reportinQ responsibility.
I. Liaison Appointment Process and Term.
The Mayor will appoint a Councilor to act as a Council liaison to each
and every advisory commission, committee, or board, as well as any
other community oraanization, entity or aaency for which
participation of an elected official from the City of Ashland is
determined to be necessary or beneficial to the City. Councilors who
are appointed to Commissions, Committees or Boards as members
(votinQ or non-votina) may also serve as Liaisons. Councilors
interested in a particular subiect area should inform the Mayor of
their interest and the Mayor should take the expression of interest
and/or a Councilor's preference into account when makina
appointment decisions. Liaison appointments shall be for a term of
one year unless otherwise expressly stated. Appointments are
aenerally made on an annual basis in January and the Mayor shall
make every effort to rotate liaison assianments.
J. Removal from a Liaison Assignment
The Mayor or a Councilor may be removed for any reason from a
specific liaison position or assianment upon two-thirds vote of the
entire Council.
SECTION 4. Severability. The sections, subsections, paragraphs and clauses
of this ordinance are severable. The invalidity of one section, subsection,
paragraph, or clause shall not affect the validity of the remaining sections,
subsections, paragraphs and clauses.
Page 6 of7
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in
the City Code and the word "ordinance" may be changed to "code", "article",
"section", "chapter" or another word, and the sections of this Ordinance may be
renumbered, or re-Iettered, provided however that any Whereas clauses and
boilerplate provisions (i.e. Sections 4-5) need not be codified and the City
Recorder is authorized to correct any cross-references and any typographical
errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2009,
and duly PASSED and ADOPTED this day of , 2009.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 7 of7
Council Rules - Sections 9-11
Review by Subcommittee on Commissions
Submitted by David Chapman - May 28, 2007
From Draft Council Rules to be reviewed by Committee on Commissions
(Note: Section 9 and Section 11 reflect changes identified by Rules Committee
November 28, 2006. Rules Committee requests Committee on Commissions to review
Section 10)
Original document sent by Ann Seltzer on 5/1/2007:
5 I 07 Council Rules to be Reviewed
Notes:
1. References include Ann's draft, earlier drafts, and Council Rules and Procedures
from the cities of Ashland, Springfield, Eugene, Corvallis, Gresham and
Newburg.
2. We must make the cases of Mayor"Council, chair, presiding officer and City
consistent throughout the document.
3. I have not overcome the assistance of MS Word and this needs to be formatted
consistent with Ann's Draft
4. Check references to ORS and AMC.
********************************************************************
9. COMMISSIONS, COMMITTEES and BOARDS
The City has established several commissions, committees and boards as a means of
providing detailed study, action and recommendations. Citizens who serve with these
organizations become more involved in local government, more informed and serve
as advisors to the City. They are a valuable resource to Ashland's leadership and
should be treated with appreciation and respect.
9.1 Establishing commissions, committees or boards
Commissions, committees and boards originate from different sources. Some are
established by State statute, Charter provision, or ordinance. Others are established by
direction of the Mayor or the Couneil. It is Council discretion as to whether or not
any advisory body should be set forth in the Code by ordinance. AMC ??? contains
code common to all commissions. A Commission Template will be used to generate
an ordinance with information specific to the new commission to be adopted.
9.2 Council Ad-hoc Committees
The Mayor shall have the authority to form ad-hoc committees to deal with specific
tasks within specific time frames and make recommendations to the Council. The
Mayor or City Administrator may refer matters to the appropriate committee. The
Mayor with the consent of the Council shall establish the tasks and the membership
criteria for the committees. . The reports of the ad-hoc committee shall only have the
authority of recommendations to the Council. The Council has the authority to follow
the recommendations, change the recommendations, refer the matter back to the
committee or take any action it sees fit.
9.3 Membership Appointments
All committees not required by State law to be appointed by the Council shall be
appointed by the Mayor with the consent of the Council, except for the Audit
Committee (Resolution 2003-07). The Mayor may request assistance or
recommendations from Councilors in making appointments. In the Mayor's absence,
any necessary appointment may be made by the presiding officer with the consent of
the Council. Broad citizen participation will be encouraged by limiting the number of
terms that a member may serve. A citizen may not serve on more than two
commissions simultaneously and may not be Chair of both. The terms of all members
shall be three years and end on.April 30.
9.4 Membership on Ashland Budget Committee
For the purpose oflocal budget law, the Mayor is a member of the governing body of
the City of Ashland. (AMC 2.04.140) and is a voting member of the budget
committee.
9.5 Student Membership on Commission and Committees
The Mayor with the consent of the Council may add to the membership of any city
commission, up to two positions for student liaisons, whether such commission or
committee was established by ordinance or resolution. The student liaisons shall be
. non-voting ex officio members of their respective commissions or committees. Once
the liaison positions have been added, the liaison from the high school shall be a high
school student chosen by the Ashland High School Leadership class and the liaison
from the university shall be a university student chosen by the Associated Students of
Southern Oregon University Student Senate. The requirement of sections 2.04.080
and 2.04.081 shall not apply to the students chosen under this section.
9.6 Membership Removal Process
Upon consensus of the Council, a citizen may be removed prior to the expiration of
the term of the appointment. Notice of removal to the affected member shall be
handled with respect and courtesy. If a member resigns or is removed, the Mayor
shall appoint a replacement for the remainder of the term as described in 9.3
9.7 Changing or Dissolving a Commission, Committee or Board
After the commission, committee or board has been formally announced they cannot
be changed except at a regular meeting of the Council and by a majority vote of the
members present. (AMC 2.04.080, 2.04.081)
I 0 OPERATING POLICIES and PROCEDURES COMMISSIONS, COMMITTEES
and BOARDS
As commissions, committees and boards have been formed and reformed throughout
the years, adoption of uniform rules of procedure has become necessary to assure
maximum productivity. The following policies govern the City's commissions,
2
committees and boards. Some of these advisory groups may have more specific
guidelines set forth by ordinance, resolution, by-laws or at times state law.
10.1 Public Meeting Law
All meetings of commissions, committees and boards are subject to public meeting
laws of the State of Oregon.
10.2 Robert's Rules of Order
Roberts Rules of Order shall be authority for the government of the commissions
committees and boards during its sessions, when not in conflict with the city charter
and these code rules. Failure to strictly follow Roberts Rules of Order shall not be
cause to void or otherwise disturb a decision or action. The body will strive to be
clear in its proceedings.
10.3 Deliberation
It is the duty of the chair or presiding officer to ensure that each member has the
opportunity to speak. Members speak only for themselves and shall be open, direct
and candid. They work to keep discussion moving, and call upon the chair to keep
the discussion moving if the discussion becomes bogged down. No member shall
speak more than once until every member choosing to speak shall have spoken or
waived their right to do so. No member shall speak more than twice on the same
motion without leave of the presiding officer.
10.4 Agendas and Minutes
The chair or staff liaison will be responsible for the agenda of all meetings of
commissions, committees and boards. A member or staff liaison will be responsible
for taking minutes. Agendas and minutes will be posted on the city's web site.
Members are encouraged to access those documents from the web site. Unless
requested by members, staff will not mail the documents.
10.5 Absences
If a member will be absent from a meeting the member will notifY the chair or the
staff liaison at least two hours prior to the meeting. Each ordinance and resolution
specific to the commission details the number of permitted absences before removal
is considered. If there is a scheduling problem, a member should request to be
replaced out of respect for the other members. With the exception of the Audit
Committee, appointees can be removed by the Mayor, with consent of the council for
any reason. Planning commissioners may be removed for cause after hearing by city
council for misconduct or non-performance of duty. (ORS227.030 and AMC
2.12.035)
10.6 Quorum
A quorum for conducting business is a majority of the total membership. A majority
of the quorum is necessary to adopt any motion. Membership need not be physically
present at a meeting if another meeting format including conference calls, virtual
meetings via the Internet etc. has been previously agreed to by the group.
3
r
10.7 Code of Ethics
The City of Ashland is committed to the highest ethical standards for its public
officials. To ensure public confidence, all members of commissions, committees and
boards must be independent, impartial, responsible and not use their position for
personal gain. Members of should be aware the codes of ethical conduct set forth by
the state and the city in ORS244.040 and in AMC 3.08.020.
10.8 Lobbying
Unless specifically directed by the city council to state the city's official position on
federal, state or county legislative matters, no lobbying before other elected bodies or
committees will be undertaken by members of boards commissions or committees.
An individual is free to voice a position on an issue as long as it is made clear that the
speaker is not speaking as a representative of the city or as a member of a board,
commission or committee.
10.9 Goals
Commissions, committees and boards are encouraged to establish annual goals and
action items that reflect the group's charge as stated in the specific commission
ordinance or resolution. They are expected to suggest, support and advance Council
goals and are encouraged to look for ways within their own unique responsibilities to
do so.
10.10 Role of Staff
At least one staff person is assigned to work with each Commission, Committee or
Board. The staff liaison provides professional guidance, continuity, and insight into
City policy and attends all commission meetings. The staff liaison supports the group
as a whole and cannot do work at the request of individual members, Each staff
liaison has a limited amount of time to devote to the group. If additional staff time is
needed the request should be made to the City Administrator or appropriate
Department Head.
10.11 Final Decision Making
With the exception of the quasi-judicial body commissions, eommittees and boards
are advisory to the council. The city council is the final decision-maker on all city
policies and the use of eity resources.
10.12 Number of Meetings
Unless otherwise provided by law, the number of meetings related to business needs
of the commission, committee or boards may be set by the individual body.
10.13 Notice
Advance notice of at least 36 hours shall be provided for all meetings. Notice shall
be sent to a newspaper with general local circulation and posted on the city's website.
In the case of emergency or when a state of emergency has been declared, notice
4
appropriate to the circumstances shall be provided and reasons justifying the lack of
36-hour notice shall be included in the minutes of such meeting.
10.14 Representing the Commission, Committee or Board
Members should only represent the opinion or position of the group if authorized by
the full membership.
10.15 Budget
Money is set aside in department budgets for commission expenses. Should a
commission require additional funds, requests should be submitted to the department
head through the staff liaison.
10.16 Expenses
Members must receive permission and instructions from the staff liaison in order to
be reimbursed for training or conferences and associated travel expenses related to
committee business.
10.17 Committees
Committees may be formed for the purpose of gathering information and forming a
recommendation and brought forward to the full committee. However, only the full
membership can vote on and accept the recommendation. Committees must meet the
requirements of the Oregon Public Meetings law.
11 COUNCIL LIAISONS
Councilors serve as liaisons to commissions, committees, boards, community
organizations and other agencies and are expected to represent the full Council in
providing guidance to the group. In all other instances council members may attend
meetings as individuals and will identify their comments as personal views or
opinions not a representation of city council policy.
11.1 Role and Responsibilities of Council Liaisons
The primary role of a Council committee liaison is to facilitate communication
between the relevant organization and the Council.
11.2 Attendance
Liaisons shall attend meetings of the committees for which they have assigned. If this
becomes a problem, they should find an alternate or ask the Mayor to be reassigned.
11.3 Deliberations
Complete debate is essential to committee effectiveness. Thus, Council liaisons may
wish to limit his or her participation in a committee's deliberations and debate. Under
no circumstances is a liaison to attempt to direct debate, lobby, or otherwise influence
the direction or decisions of any committee to which he or she has been assigned.
Any attempt to do so may result in removal from the liaison position. Note that the
prohibition on lobbying and directing debate may not apply when the liaison is
5
representing the city on a regional committee that includes elected officials from
other jurisdictions.
11.4 Respect
Be respectful of diverse opinion. A primary role of committees is to represent many
points of view in the community and to provide the Council with advice based on a
full spectrum of concerns and perspectives.
Be respectful of the Chair and the agenda. Councilors attending meetings as liaisons
or individuals should accord the same respect toward the Chair and other members as
they do towards the Mayor, presiding officer or each other.
11.5 Council Information
Liaisons will inform the committees to which they have been appointed liaison of all
meeting agenda items and of Council decisions that may be of interest to the
committee. Liaisons shall also encourage committee members to attend Council
meetings to keep abreast of Council action, policy matters and the activities of the
city organization.
11.6 Vacancies
The Council liaison for each commission, together with the commission chair and
assigned staffliaison will interview citizens to fill vacancies on their committees and
will make recommendations to the Mayor for appointment.
11. 7 Reporting to the Council
Council liaisons shall periodically report to the entire Council on significant and
important activities of each committee to which they have been assigned. In addition,
each commission should be scheduled to give a short annual presentation to the
Council. Liaisons may seek assistance from the relevant staff liaison to accomplish
this reporting responsibility.
11.8 Liaison Appointment Process
The Mayor will appoint a Councilor to act as a Council liaison to all commissions,
committees, boards, community organizations and other agencies for which
partieipation of an elected official from the City of Ashland is determined to be
necessary or beneficial to the City. Councilors interested in a partieular subject are~
should inform the Mayor of their interest and the Mayor should take the expression of
interest and/or a Councilor's preference into account when making appointment
decisions. Liaison appointments are generally made on an annual basis in January and
the Mayor shall make every effort to rotate liaison assignments.
11.9 Removal from a Liaison Assignment
The Mayor or a Councilor may be removed for any reason from a specific liaison
position or assignment upon consensus of the entire Council.
6
CITY OF
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 2: Pt 2. Commissions Committees and Boards
Meeting Date: November 3, 2009 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: City Recorder Secondary Contact: Barbara Christensen
Approval: Martha Bennet Estimated Time: 20 minutes
Question:
Should the Council approve First Reading of an ordinance providing for uniform polices and operating
procedures for advisory commissions, committees and boards?
Staff Recommendation:
Staff recommends Council approve the First Reading of this ordinance.
Background:
[This Agenda item is unchanged from the September 8, 2009 version. Policy choices for this
ordinance are contained in the Council Communication for the companion Part I ordinance]
Earlier this year the Conservation Commission requested changes to the Resolution forming the
Commission. The City Recorder and City Attorney recommended codification of the Conservation
Commission Resolution and the City Council passed an ordinance to that effect. During discussion,
Councilor Chapman suggested staff review the work of the 2007 City Council Rules Committee which
included establishment of uniform policies and operating procedures for all commissions, committees
and boards. [See attached 5/29/07 draft specifically numbered paragraph 10 regarding Uniform Rules
which corresponds with the outline presently in AMC 2.04.100.] The attached ordinance [Part 2} is an
expansion of the 5/29/07 draft created by the Council Rules Committee only as it related to paragraph
10.
Another ordinance [Partl] concerns the relationship of the Mayor and Council to the Commissions,
e.g. appointment, removal, and roles of the liaison. [See attached 5/29/07 draft specifically numbered
paragraphs 9 Commissions and 1 Liaisons which corresponds with the outline presently in AMC
2.04.090 and AMC 2.04.110.]
This Ordinance does the following:
1. Creation ofa New Chapter 2.10 Uniform Policies and Operating Procedures for Advisory
Commissions, Committees and Boards. This new Chapter builds on the outline presently in
the Ashland Municipal Code [AMC 2.04.100] and the City Council Rules Committee draft
from 2007. Matters common to all commissions, such as appointment terms, attendance,
quorum and lack thereof, election of officers, gifts, and reports are made uniform and the
provisions now made duplicative in subsequent chapters for individual commissions are
removed.
Page I 0[2
r~'
CITY OF
ASHLAND
2. Two Commissions and one Committee are added to the Code and corresponding resolutions
repealed. The Municipal Audit Committee, Forest Lands Commission, and Housing
Commission, are now codified in Chapters 2. 11,2.15 and 2.19 respectively.
3. Existing Code for each of the regular Commissions is amended to delete matters covered by
the Uniform Rules Chapter 2.10. Essentially, with few exceptions, individual Commissi'on
chapters are reduced to formation and powers and duties,
4. The substantive Public Art process which was inappropriately included in the Public Art
Commission Chapter 2.17 is removed and placed in a new Public Art Chapter 2.29
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(I) Move to approve First Reading of the ordinance and set second reading for October 20,2009.
(2) Postpone First Reading.
Potential Motions:
Staff: Conduct First Reading:
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE ADDING A NEW
CHAPTER 2.10, PROVIDING FOR UNIFORM POLICIES AND OPERATING
PROCEDURES FOR ADVISORY COMMISSIONS, COMMITTEES AND BOARDS;
ADDING A NEW CHAPTER 2.11 MUNICIPAL AUDIT COMMITTEE; A NEW CHAPTER
2.19 HOUSING COMMISSION, A NEW CHAPTER 2.15 FOREST LANDS COMMISSION,
AND AMENDING AMC 2.12 PLANNING COMMISSION, AMC 2.13 TRANSPORTATION
COMMISSION, AMC 2.17, PUBLIC ARTS COMMISSION, AMC 2.18 CONSERVATION
COMMISSION, AMC 2.21 CABLE ACCESS COMMISSION, AMC 2.23 ASHLAND
AIRPORT COMMISION, AMC 2.24 HISTORIC COMMISSION, AMC 2.25 TREE
COMMISSION, REPEALING RESOLUTIONS 1995-25, 1996-18,2003-07 and 2007-15,
AND CREATING A NEW CHAPTER 2.29 CONCERNING PUBLIC ART
Council:
2009.
Move to approve First Reading of the ordinance and set second readingfor October 20.
Attachments:
Proposed ordinance
5/29/07 draft
Page 20f2
r~'
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE ADDING A
NEW CHAPTER 2.10, PROVIDING FOR UNIFORM POLICIES AND
OPERATING PROCEDURES FOR ADVISORY COMMISSIONS, COMMITTEES
AND BOARDS; ADDING A NEW CHAPTER 2.11 MUNICIPAL AUDIT
COMMITTEE; A NEW CHAPTER 2.19 HOUSING COMMISSION, A NEW
CHAPTER 2.15 FOREST LANDS COMMISSION, AND AMENDING AMC 2.12
PLANNING COMMISSION, AMC 2.13 TRANSPORTATION COMMISSION,
AMC 2.17, PUBLIC ARTS COMMISSION, AMC 2.18 CONSERVATION
COMMISSION, AMC 2.21 CABLE ACCESS COMMISSION, AMC 2.23
ASHLAND AIRPORT COMMISION, AMC 2.24 HISTORIC COMMISSION, AMC
2.25 TREE COMMISSION, REPEALING RESOLUTIONS 1995-25, 1996-18,
2003-07 and 2007-15, AND CREATING A NEW CHAPTER 2.29 CONCERNING
PUBLIC ART
Annotated to show dolotions and additions to the code sections being modified.
Deletions are bold "--..I . and additions are bold underlined.
WHEREAS, in 2006-2007 the City Council undertook the task of reviewing the
Council Rules codified in AMC Chapter 2, under which the City Council operates;
and
WHEREAS, as part of the Council Rules review, the Council Rules Committee
began a review and discussion of the rules under which its advisory
commissions, committees and boards operate; and
WHEREAS, in various Ordinances and Resolutions, the City has established
numerous commissions, committees and boards as a means of providing
detailed study, action and recommendations to the Council; and
WHEREAS, the City Council desires to complete the work of the Council Rules
Committee as it relates to Additional Council Rules [separate ordinance] as well
as Uniform Policies and Operating Procedures for Advisory Commissions,
Committees and Boards [this ordinance); and
WHEREAS, the City Council wishes to codify Regular Commissions such as
Housing Commission, Forest Lands Commission and the Municipal Audit
Committee in the Ashland Municipal Code and edit existing ordinances to reduce
duplication; and
Page I of 49
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. A new Chapter 2.10 [Uniform Policies and Operating Procedures
for Advisory Commissions, Committees and Boards] is hereby added to the
Ashland Municipal Code to read as follows:
2.10 Uniform Policies and OperatinQ Procedures for Advisory
Commissions, Committees and Boards
2.10.005 Purpose. Advisory commissions, committees and boards
(advisory bodies) reQuire uniform rules. policies and operatinQ procedures
to assure maximum productivity and fairness for members and the public.
Except where otherwise provided in this Code, the followinQ policies and
procedures Qovern all the City's advisory commissions, committees and
boards. NothinQ herein removes the reQuirement for compliance with more
specific reQulations and Quidelines set forth by state statute. administrative
rule, ordinance, or resolution specific to the advisory body. These rules do
not apply to the elected Parks and Recreation Commission.
2.10.010 Created or Established. See individual Commission. Committee or
Board Code Chapters codified between AMC 2.11 and AMC 2.25.
2.10.015 Appointment. See AMC 2.04.090.C.
2.10.020 Terms, Term Limits and-Vacancies All successors to oriQinal
members of an advisory commission, committee or board. shall have a
three (3) year term, except as otherwise provided in the appointment order.
NotwithstandinQ the three year limitation, PlanninQ Commissioners shall
serve four (4) year terms. All reQular terms shall commence with
appointment and shall expire on April 30 of the third year, unless otherwise
provided in the appointment order. The appointinQ authority may staQQer
terms in the oriQinal appointment order as necessary. Except when an
exception is Qranted by unanimous vote of the Council, no member may
serve more than five (5) terms on any sinQle commission. committee or
board. Any vacancy shall be filled by appointment by the Mayor, with
confirmation by the City Council, for any unexpired portion of the term as
provided in AMC 2.04.090.C.
2.10.025 MeetinQs and Attendance. Unless otherwise provided by law. the
number of meetinQs related to business needs of an advisory commission.
committee or boards may be set by the advisory body. All members are
expected to attend all reQularly scheduled meetinQs, study sessions and
special meetinQs, when applicable. If a member will be absent from a
meetinQ the member must notify the chair or the staff liaison at least two
hours prior to the meetinQ. Any member who has two or more unexcused
absences in a six month period [i.e. January 1- June 30 or July 1 -
December 311 shall be considered inactive and the position vacant. Further
Page 2 of 49
any member not attendinQ a minimum of two-thirds (2/3) of all scheduled
meetinQs (inclusive of study sessions and special meetinQs) shall be
considered inactive and the position vacant. Attendance shall be reviewed
by the commission, committee or board durinQ the reQularly scheduled
meetinQs in January and July, with a report sent to the Mayor and City
Council advisinQ of the need for appointment or re-appointment, if
necessary.
2.10.030 Removal. See AMC 2.04.090.F.
2.10.035. Public MeetinQ Law. All meetinQs of advisory commissions.
committees and boards are subiect to strict compliance'with public
meetinQ laws of the State of OreQon. NotwithstandinQ notice reQuirements
under OreQon law, advance notice of at least 36 hours shall be provided for
all meetinQs. Notice shall be sent to a newspaper with Qenerallocal
circulation and posted on the city's website. In the case of emerQency or
when a state of emerQency has been declared, notice appropriate to the
circumstances shall be provided and reasons iustifyinQ the lack of 36-hour
notice shall be included in the minutes of such meetinQ.
2.10.040 Quorum-and Effect of Lack Thereof. A Quorum shall be
determined by dividinQ the number of reQular members of the body by two
and addinQ one or, in the case of a fractional result. roundinQ UP to the next
whole number. No'n-votinQ ex officio members, staff and liaisons do not
count toward the Quorum. A maiority of the Quorum is necessary to adopt
any motion. Members need not be physically present at a meetinQ if
another means of attendance (e.Q. telephonic, internet etc.) has been
established by the membership and public meetinQs law reQuirements are
met. If there is no Quorum for a meetinQ, no official business shall be
conducted and all matters advertised shall automatically be continued to
the next reQularly scheduled meetinQ.
2.10.045 Council Liaison. See AMC 2.04.100.
2.10.050. Election of Officers, Secretary, and Subcommittees. At its first
meetinQ of the year the advisory commission, committee or board shall
elect a chair and a vice chair who shall hold office at the pleasure of the
advisory body. Neither the chair nor vice-chair shall serve as an officer for
more than two consecutive terms. Without the need for an appointment,
the head of the City Department staffinQ the commission, committee or
board shall be the Secretary and shall be responsible for keepinQ an
accurate record of all proceedinQs. The Department head may deleQate
such tasks to a staff liaison. Subcommittees may be formed for the
purpose of QatherinQ information and forminQ a recommendation to be
brouQht forward to the full advisory body. Provided however. only the full
Page 3 of 49
body can make recommendations to the City Council. Subcommittees
must comply fully with the reQuirements of OreQon Public MeetinQs law.
2.10.055. Role of Staff. At least one staff person is assiQned to work with
each advisory commission, committee or board. The staff liaison provides
professional Quidance, continuity. and insiQht into City policy and attends
all reQular and special meetinQs and workshops. The staff liaison supports
the Qroup as a whole and shall not do work at the reQuest of individual
members. Each staff liaison has a limited amount of time to devote to the
qroup. If additional staff time is needed the reQuest should be made to the
City Administrator or appropriate Department Head.
2.10.060 AQendas and Minutes. The chair or staff liaison will be
responsible for the aQenda of all meetinQs of advisory commissions,
committees and boards. A member or staff liaison will be responsible for
takinQ minutes. AQendas and minutes will be posted on the city's web site.
Members are encouraQed to access those documents from the web site.
Staff will email or mail documents to members upon reQuest. The Council
Liaison shall periodically be Qiven the opportunity to report to the
commission. committee or board.
2.10.065. Goals. Advisory commissions. committees and boards are
encouraQed to establish annual Qoals and action items that reflect the
body's charQe as stated in the specific commission ordinance. Advisory
bodies are expected to sUQQest. support and advance Council Qoals and
are encouraQed to look for ways within their own uniQue responsibilities to
do so.
2.10.070. Rules and ReQulations. The advisory commission, committee or
board may make such rules and reQulations as are necessary for its
Qovernance. includinQ the conduct of meetinQs, when not inconsistent with
Ashland Municipal Code or OreQon law.
2.10.075. Robert's Rules of Order. Roberts Rules of Order shall Qovern the
conduct of all meetinQs of advisory commissions. committees and boards,
when not in conflict with the Ashland City Charter and the Ashland
Municipal Code. Failure to strictly follow Roberts Rules of Order shall not
be cause to void or otherwise disturb a decision or action. The body will
strive to be clear in its proceedinQs.
2.10.080. Code of Ethics. The City of Ashland is committed to the hiQhest
ethical standards for its public officials. To ensure public confidence, all
members of advisory commissions, committees and boards must be
independent, impartial, responsible and not use their position for personal
Qain or to benefit or harm others. Advisory commissions, committees and
boards shall operate in the Qeneral public interest servinQ the community
Page 4 of 49
as a whole and shall serve no special interests. Advisory commission,
committee and board members shall not endorse any commercial product
or enterprise. Members should be aware the criminal codes. ethics and
conflict of interest laws set forth in state statutes and city ordinances,
includinQ but not limited to the State of OreQon Criminal Code, ORS 244
and in AMC Chapter 3.08.
2.10.085. Deliberation. It is the duty of the chair or presidinQ officer to
ensure that each member has the opportunity to speak. Members speak
only for themselves and shall be open, direct and candid. Members shall
strive to deliberate to a decision and shall rely upon the chair to keep the
discussion movinQ. No member shall speak more than once until every
member choosinQ to speak shall have spoken or waived their riQht to do
so. No member shall speak more than twice on the same motion without
leave of the presidinQ officer.
2.10.090. Council as Final Decision-Maker. With the exception of certain
deleQated Quasi-judicial actions, most advisory commissions, committees
and boards do not make final decisions subject to appeal but rather make
recommendations to, or act in an advisory capacity to the council. The City
Council is the final decision-maker on all city policies and the use of city
resources.
2.10.095 Gifts. Subject to the acceptance of the City Council, an advisory
body may receive Qifts, beQuests or devises of property in the name of the
City to carry out any of the purposes of the advisory commission,
committee or board, which funds shall be seQreQated from other funds for
use with the approval of the City Council.
2.10.100 BudQet, Compensation and Expenses. Money is set aside in
department budQets for Commission, Committee and Board expenses.
Should an advisory body reQuire additional funds, reQuests should be
submitted to the department head throuQh the staff liaison. ReQular
members of the advisory commissions, committees and boards shall
receive no compensation for services rendered. Members must receive
permission and instructions from the staff liaison in order to be reimbursed
for traininCl or conferences and associated travel expenses related to
official business.
2.10.105 Reports. Advisory commissions, committees and boards shall
submit copies of its minutes to the city council and shall prepare and
submit such reports as from time to time may be reQuested by the Mayor
and City Council. Unless otherwise expressly provide in the Ashland
Municipal Code or State Law. all reports or recommendations of City
advisory bodies committee shall be considered advisory in nature and
shall not be bindinQ on the mayor or city council.
Page 5 of 49
2.10.110. LobbyinQ and RepresentinQ the City. Members shall only
represent the opinion or position of the advisory body if specifically
authorized by the full membership at a duly adyertised meetinQ. Unless
specifically directed by the City Council to state the city's official position
on federal. state or county leQislative matters, no 10bbyinQ before other
elected bodies or committees will be undertaken by members of advisory
commissions. committees and boards. An individual member is free to
voice a position on any issue as 10nQ as it is made clear that the speaker is
not speakinQ as a representative of the city or as a member of an advisory
commission. committee or board. Advisory body members are prohibited
from enQaClinQ in political activity in accordance with ORS 260.432.
SECTION 2. A new Chapter AMC 2.11 [Municipal Audit Committee] is hereby
added to the Ashland Municipal Code to read as follows:
2.11 Municipal Audit Committee
2.11.005 Purpose. The role and responsibilities of the Municipal Audit
Committee were established in June 1991 pursuant to Resolution 91-16 and
have been amended by Resolution several times. The City Council desires
to codify herein the establishment of the Municipal Audit Committee.
2.11.010. Municipal Audit Committee Established. The Municipal Audit
Committee is established and shall consist of five (5) votinQ members.
NotwithstandinQ any other provision of the Ashland Municipal Code, four
votinQ members shall be appointed by the city council and shall consist of
the Mayor or a Councilor, one BudQet Committee member, and two citizens
at larQe. The fifth votinQ member shall be the City Recorder.
2.11.015. Modified Terms and Qualifications
A. Terms. NotwithstandinQ any other provision of the Ashland Municipal
Code. the terms of the Mayor or Councilor, Recorder and BudQet
Committee member shall be for one-year each expirinQ on April 30 of each
year. All other terms shall be as provided in AMC 2.10.020.
B. Qualifications. In makinQ the citizen at larQe appointments, the council
shall Qive preference to persons with accountinQ or auditinQ experience,
backQround or expertise.
2.11.020. Duties and Responsibilities. The Municipal Audit Committee shall
be responsible to:
A. Recommend to the council an independent firm of certified public
accountants to perform the annual audit of the city.
Page 6 of 49
B. Analyze and report to the council siQnificant findinQs in the annual
audit report and make recommendations reQardinQ such findinQs.
C. Make recommendations, if any, to the council reQardinQ the
followinQ financial documents:
1. Annual financial statements,
2. ManaQement letter submitted by the independent auditor, and
3. Response to manaQement letter submitted by city staff.
D. To effectuate the duties and responsibilities of the Committee, the
Committee may reQuire the presence of any city official at its
meetinQs.
SECTION 3. A new Chapter AMC 2.15 [Forest Lands Commission] is hereby to
the Ashland Municipal Code added to read as follows:
2.15 Forest Lands Commission
2.15.005 Purpose. The Forest Lands Commission has as its primary
purpose the protection and enhancement of conditions of late-
successional and old-Qrowth forest ecosystems on city-owned forest lands
to provide hiQh Quality water for domestic supply. The role and
responsibilities of the Forest Lands Commission were first established in
February 1993 pursuant to Resolution 93-06 and have been amended by
Resolution several times. The city council desires to codify herein the
establishment of the Forest Lands Commission.
2.15.010 Established - Membership. The Forest Lands Commission is
established and shall consist of seven (7) votinQ members includinQ a
representative of the Ashland Parks Commission. The Commission may
also consist of certain non-votinQ ex-officio members, includinQ a
representative of the USDA Forest Service Ashland RanQer District, a
representative of the OreQon Department of Forestry, a member of the City
Council. a representative from the Tree Commission, the Director of Public
Works, Director of Planninq, Fire Chief. Police Chief, Parks and Recreation
Director or their desiQnees.
2.15.015 Powers and Duties - Generally. The powers. duties and
responsibilities of the Forest Lands Commission shall be as follows:
A. To implement the Ashland Forest Plan developed and adopted by
the City of Ashland in June, 1992.
B. To provide inteQrated, interdisciplinary direction and oversiQht for
the development of forest ecosystem manaQement plans and related
activities in the Ashland watershed.
Page 7 of 49
C. To develop a stronQ community volunteer proQram to assist in the
implementation of the Ashland Forest Plan.
D. To submit recommendations to the City Council reQardinQ forest
manaQement.
E. To ensure that plans inteQrate the forest manaQement needs and
concerns of the City and of private land owners in the wildland urban
interface.
F. To promote public knowledQe and acceptance of the Ashland
Forest Plan proQrams.
SECTION 4. A new Chapter 2.19. rHousinQ Commissionl. is hereby established
to read as follows:
2.19. HOUSING COMMISSION
2.19.005 Purpose and Mission The mission of the Ashland HousinQ
Commission is to encouraCle housinQ that is available and affordable to a
wider ranqe of city residents, to enhance cooperation between the public
and private sectors, to encouraQe financial entities to support housinQ
prOQrams in the city, to coordinate housinQ and supportive services
prOQrams and to educate the citizenry and promote public knowledQe and
understandinQ of the benefits of affordable housinQ.
2.19.010 Established-Membership The HousinQ Commission is
established and shall consist of nine (9) votinQ members and one (1) non-
votinQ ex-officio member who shall be the City HousinQ ProQram
Specialist.
2.18.015 Powers and Duties-Generally The powers and duties of the
commission shall be as follows:
A. To develop and recommend coordinated housinQ and supportive
services prOQrams;
B. To recommend housinQ and supportive services priorities for the
city;
C. To review and make recommendations to the City Council on
Community Development Block Grant (CDBG) and related
allocations;
Page 8 of 49
D. To review and make recommendations to the City Council on the
HousinQ Trust Fund and related allocations;
E. To investiQate federal. state, county and private fundinQ for
implementation of city housinQ prOQrams;
F. To act in an advisory capacity and to provide advice and Quidance
to the City Council and other commissions on housinQ related
matters;
G. To oversee the dissemination of accurate information on the city's
housinQ supply and affordability;
H. To monitor proiects funded with the Community Development
Block Grant (CDBG) and the HousinQ Trust Fund;
I. To foster public knowledQe and support of official city housinQ
prOQrams
~
SECTION 5. Chapter 2.12, [Planninq Commission1, is hereby amended to read
as follows:
2.12 City Planning Commission
2.12.010 Established Membership Created
There is established Greated a City Planning Commission consistinQ of nine
(9) members, to be appointed by the Mayor and confirmed by the City Council, to
serve without compensation, not more than one (1) of whom may reside within
three (3) miles outside the City limits. Appointments shall conform to the
leQal constraints of ORS 227.030. The Mayor shall be aR ex officio, non
voting member of the City Planning Commission.
2.12.020 (Repealed)
2.12.030 Terms of OffiGe VaGanGies
SIlGGeSSOrs to the original members of the City Planning Commission shall
hold offiGe for rollr (1) years.
2.12.035 Terms of Office ^ttendance
:'.11 appointed Commissioners shall be expeGted to attend regularly
sGhedllled Planning Commission meetings, study sessions, and Hearings
Board meetings, when applicable. .I\ny Commissioner ha'ling two (2)
unexGused abseRGes in a six (6) month period shall be Gonsidered inaGti'/e
Page 9 of 49
and the position vacant. Any Commissioner not attending a minimllm of
two thirds (2/3) of all sGheduled meetings shall be Gonsidered inaGtive and
the position vacant. Attendance shall be revie'....ed by the Commission
dllring the regularly scheduled meetings of Janllary and Jllly, with
recommendations sent to the Mayor and COllncil for replacement, if
necessary.
2.12.010 Elections of Officers ^nnual Report
The Commission, at its first meeting, or as set forth in the Planning
Commission byla...:s, shall elect a Chair and a 'lice Chair, and shall appoint
a SeGretary who need not be a member of the Commission, all of whom
shall hold offiGe at the pleasllre of the Commission. The SeGretary shall
keep an aGGurate reGord of all proGeedings. and the City Planning
Commission shall, on the first day of OGtober of eaGh year, make and file a
report of all its transactions .....ith the City CounGil.
2.12.050 Qllorllm Rilles and Reglllations
Five (5) members of the City Planning Commission Gonstitute a quorum.
The Commission may make and alter rules and regulations for its
government and proGedure, consistent with the la.....s of the state and shall
meet at least onGe every thirty (30) days. The reGommendation to the City
Council of any amendment to the Land Use OrdinanGe or Comprehensive
Plan shall be by the affirmative vote of not less than a majority of the total
members of the Gommission.
2.12.060 Powers and Duties - Generally
A. The Planning Commission is the appointed citizen body with the
primary responsibility of providing recommendations to the Mayor
and City Council regarding the overall direction of land use
planning. The Commission reviews and makes recommendations
regarding comprehensive land use planning and fosters mutual
communication on land use issues. The Commission is responsible
to the City Council for making recommendations on land use plans
and policies that are coordinated with other City plans, policies, and
functions.
B. The Planning Commission shall have the powers and duties to:
1. Periodically review the Comprehensive Plan and make
recommendations to the City Council on public processes,
studies, and potential revisions to the Plan. Work in
conjunction with other City citizen advisory commissions,
Page 10 of 49
L
boards, and committees to ensure coordination of various
elements of the Comprehensive Plan.
2. Render quasi-judicial decisions on land use applications
and appeals of administrative land use decisions as
prescribed by the Ashland Code and Oregon state law.
3. Conduct public hearings and make recommendations to
the City Council on planning issues and legislative changes
to land use regulations and ordinances.
4. When needed to implement City goals and policies, meet
with other planning bodies in the region on issues that affect
City land use planning. Make recommendations to the City
Council on regional land use issues in general.
5. Foster public awareness and involvement in all aspects of
land use planning in the community.
C. Except as otherwise set forth by the City Council, the Planning
Commission may exercise any or all of the powers and duties
enumerated in ORS 227.090 et. seq., as well as such additional
powers and duties as are set forth herein.
2.12.070 (Repealed)
2.12.080 Funding Gifts and Bequests
The City COllnGiI may annllally blldget sllGh Sllms, and authorize the
employment of Gonsulting adviGe and/or neGessary staff to carry Ollt the
po.....ers and duties delegated to the City Planning Commission and its
sllbGommittees set forth in this Ghapter. The Commission may reGeive
gifts, beqllests or devises of property to Garry out any of the IJllrpOSes of
this chapter, which shall be placed in a speGial fllnd for the llse of said
Commission.
SECTION 6. Chapter 2.13. [Transportation Commissionl. is hereby amended to
read as follows:
2.13 Transportation Commission
2.13.010 Purpose and Mission. Established Generally
A. Role. The Transportation Commission advises the City Council on
transportation related issues specifically as they relate to safety, planning,
funding and advocacy for bicycles, transit, parking, pedestrian and all
other modes of transportation.
Page] I of 49
B. Mission. The need for a Transportation Commission is emphasized in
the Transportation Element:
"Ashland has a vision - to retain our small-town character even
while we grow. To achieve this vision, we mus't proactively plan for
a transportation system that is integrated into the community and
enhances Ashland's livability, character and natural environment.
... The focus must be on people being able to move easily through
the city in all modes of travel. Modal equity then is more than just a
phase. It is a planning concept that does not necessarily imply
equal financial commitment or equal percentage use of each mode,
but rather ensures that we will have the opportunity to conveniently
and safely use the transportation mode of our choice, and allow us
to move toward a less auto-dependent community."
C. Powers and Duties, Generally. The Transportation Commission
will review and make reGommendations on the following topiGS as it
relates to all modes of Transportation:
1. Safety: will develop, coordinate and promote transportation
safety programs;
2. Planning:
* Will re'.'iew and serve as the primary body to de'lelop
reGommendations to the City's long range transportation
plans.
* 'NiII re'liew and make reGommendations in Type III Planning
I.Gtions during the pre application proGess.
3. Fllnding: will make recommendations to the City's
transportation section of the Capital Improvements Program;
1. J\dvoGaGY: .....i11 advoGate and promote all modes of
transportation to make modal eqllity a reality.
* faGilitate Goordination of transportation issues with other
governmental entities.
* SeleGt one or more member liaisons to attend and participate
in meetings with other transportation related committees in
the Roglle Valley.
* Examine mlllti modal transportation isslles.
Page 12 of49
D. Powers and Dllties, SpeGifically. The Transportation Commission
will re':iew and f-orward all traffiG implementation reglllations to the
PllbliG 'Norks DireGtor for final approval and implementation of
official traffic safety and fllnGtional activities.
2.13.020 Established-Membership
A. Voting Members. The Transportation Commission is established and shall
consist of nine (9) voting members as designated by the Mayor and confirmed by
the council. Voting members will all be members of the community at large and
will represent a balance of interest in all modes of transportation. The Chair \..'i11
be eleGted among its members annually. ^ viGe chair will also be eleGted
among its members to serve in the Ghair' s absenGe ana who .....ill sUGGeea
to the Ghair on I'.pril 30 following the chair's term expir-ation.
B. Non-voting Ex Officio Membership. The Director of Public Works or designee
shall serve as the primary staff liaison and as Secretary of the Commission.
Including the staff liaison, there will be eleven (11) total non-voting ex officio
members who will participate as needed and will include one member of the
Council as appointed by the Mayor, Community Development & Planning, Police,
Fire, Southern Oregon University, Ashland Schools, Oregon Department of
Transportation. Rogue Valley Transportation District, Ashland Parks and
Recreation, Jackson County Roads. In addition to the eleven non voting ex
offiGio members, a stlldent member may be appointed and wOllld serve as
an additional non .toting ex offiGio member.
2.13.030. Powers and Duties, Generally. The Transportation Commission
will review and make recommendations on the followinQ topics as it relates
to all modes of Transportation:
1. Safety: will develop, coordinate and promote transportation safety
prOQrams;
2. PlanninQ:
* Will review and serve as the primary body to develop
recommendations to the City's 10nCl ranQe transportation plans.
* Will review and make recommendations in Type III PlanninQ Actions
durinQ the pre-application process.
3. Fundina: will make recommendations to the City's transportation
section of the Capital Improvements ProQram:
4. Advocacy: will advocate and promote all modes of transportation
to make modal eQuity a reality.
Page 13 of49
* Facilitate coordination of transportation issues with other
Qovernmental entities.
* Select one or more member liaisons to attend and participate in
meetinQs with other transportation related committees in the ROQue
Valley.
* Examine multi-modal transportation issues.
D. Powers and Duties, Specifically. The Transportation Commission will
review and forward all traffic implementation reQulations to the Public
Works Director for final approval and implementation of official traffic
safety and functional activities.
2.13.030 Term and VacanGies
A. Term. The term for each .toting member shall be three years.
,expiring on .'\pril 30th.
B. Initial Term Transition. Three of the nine members shall be
appointed to initial terms expiring April 30, 2010; three of the nine
shall be appointed to initial terms expiring April 30, 2011; and three
shall be appointed to initial terms expiring April 30, 2012. Follo'Ning
these initial terms, all members shall serve for 3 year terms expiring
.'\pril 30.
C. \faGanGY. Any vaGanGY shall be filled by appointment of the Mayor
and Gonfirmed by the City CounGil, for the llnexpired portion of the
term. Any Gommissioner .....ho is absent without prior notifiGation
from four or more meetings in a 12 month period shall be Gonsidered
no longer aGtive and the position will be deemed vaGant.
2.13.040 Quorum, Rilles and Reglllations
One more than half of the sitting voting members of the Commissisn shall
GOnstitllte a qllorllm. The Commission shall meet monthly and at least ten
times per Galendar year. The Commission may recommend or make rilles
and regulations for its government and proGedure, Gonsistent with the laws
of the State and the City Charter and ordinanGes.
2.13.050 Traffic Sub-Committee
A. Purpose. The purpose of the Traffic Sub-Committee is to enable the
Transportation Commission to focus on broad transportation concerns by
reducing the number of routine and general non-routine traffic items that
come before the full Commission and to insure the Transportation
Page 14 of 49
Commission will have sufficient time to devote their full attention to the
overall transportation matters at issue.
B. Membership. The Traffic Sub-Committee is established and consists
of three regular members of the Transportation Commission who shall sit
concurrently on the full Commission. Sub-committee members shall be .
appointed by the Transportation Commission Chair on a rotating basis
until all members have served. Terms are for six month intervals and
members may only sit for two consecutive terms at anyone time. The
Public Works Director shall determine what matters warrant Sub-
Committee involvement and meetings shall be convened on an as needed
basis. The Public Works Director or designee will serve as staff liaison and
recorder for these meetings.
C. Duties. The Traffic Sub-Committee shall consider the following matters:
1. Forward recommendations to the Transportation Commission
and Public Works Director on routine and general non-routine traffic
concerns including but not limited to traffic impacts, speed
designations, parking, markings, and signage.
2. Recommend to the Transportation Commission specific
comments, concerns or suggestions for the improvements to the
City of Ashland's Transportation System Plan or similar
Transportation programs, with the emphasis on long range
transportation planning and regional transportation plans.
3. Such other general or minor transportation matters as the
Transportation Commission deems appropriate for the Traffic Sub-
Committee format.
4. The Traffic Sub-Committee or staff liaison may refer any matter
before the Traffic Sub-Committee to the Transportation
Commission when it becomes apparent the matter involves major
policy concerns or potential serious transportation impacts on
surrounding areas.
E. Minutes. All Traffic Sub-Committee action minutes will be forwarded to
the following Transportation Commission meeting.
2.13.060 Reports
The commission shall submit Gopies of its minutes to the City CounGil and
shall prepare and submit SUGh reports as from time to time may be
requested of them by the City Council, PubliG Works Director or
Community Development DireGtor.
Page 15 of49
2.13.070 Compensation
Voting members of the Gommission shall reGeive no Gompensation for
serviGe while on the Transportation Commission or TraffiG Sub Committee.
SECTION 7. Chapter 2.17. [public Arts Commission!. is hereby amended to
read as follows [Note: several deleted sections are moved to a new Chapter 2.29
(Public Art Process) set forth belowl:
2.17 Public Arts Commission
2.17.005 Purpose
The mission of the Public Arts Commis.sion is to enhance the cultural and
aesthetic quality of life in Ashland by actively pursuing the placement of public art
in public spaces and serving to preserve and develop public access to the arts.
The continued vitality of the arts in the City of Ashland is a vital part of the future
of the city as well as of its citizens. The arts are an important part of the cultural
and economic life of the entire community of Ashland and enrich the participants
in the arts as well as those who observe them. Several organizations which exist
in Ashland are active in the arts and provide leadership to the community on arts
related matters. The creation of a Public Arts Commission for the City of Ashland
will assist those organizations, and other organizations and individuals, to make
arts a more important part of the city's life. Recommendations from the
Commission regarding the acquisition and placement of public art should be
based upon accepted standards and guidelines as opposed to personal opinion.
This chapter will create a Public Arts Commission and adopt standards and
guidelines for selecting, commissioning, placing, maintaining, and removing
public art.
2.17.008 Definitions
A "Acquisition" means the inGlusion of an artwork in the Ashland PubliG
.'\.rt ColleGtion by any means inGluding direGt purGhase, Gommission or
acceptanGe of a gift.
8. "Artwork" means visual works of public art as defined herein.
C. ".'\shland PubliG Art Collection" means all publiG art aGquired by the City
by any means.
D. "Capital improvement program (CIP)" means the Gily' s program for
advance planning of Gapital improvements.
Page 16 of49
E. "City projeGt" or "projeGt" means any Gapital impro':ement projeGt in an
amount Ewer $25,000 paid for wholly or in part by the Gity of Ashland to
purGhase or construct any public building, decorative or Gommemorative
publiG structure, sidewalk, or multi use path.....ay GonstruGtion, park facility
Gonstruction, or any portion thereof, within the limits of the city of Ashland.
"City projeGt" or "projeGt" does not inGlude plolbliG Ioltility improvements,
(e.g. electric, water, sewer, or storm'.\Iater), LID improvements, inGluding
blolt not limited to streets, sidewalks and assoGiated improvements,
property acquisition, earth work, emergency work, minor alterations,
rehabilitation, minor or partial replaGement, remodeling or ordinary repair
or maintenance necessary to preserve a facility. Notwithstanding the abo\'e
limitation, the CounGiI or responsible Gontracting offiGer may include any
new city street or utility projeGt (limited to water, sewer and storm water
projeGts) in an amount o':er $25,000 as a Gity projeGt under this article, by
either vote of the CounGil or inGlusion in the Gontract solicitation
documents prepared by the responsible GontraGting offiGer.
F. "Commission" means the Ashland PlolbliG Arts Commission created by
AMC 2.17.010, consisting of se\'en members appointed by the mayor and
Gonfirmed by the COlolnGil.
G. "Eligible funds" means a sourGe of funds for projeGts from which art is
not preGluded as an objeGt of expenditlolre.
H. "PartiGipating department" means the department that is subject to this
article by its sponsorship of a city project.
I. "PerGent for art" means the program established by this article to set
aside a perGentage of the total Gost of city projects f-or publiG art.
J. "Plolblic art" means all forms of original .....orks of art in any media that
has been planned and exeGuted with the speGified intention of being sited
or staged on City Property or on property owned or Gontrolled by the City
of Ashland, usually outside and aCGessible to the public.
K. "PlolbliG art account" means the Gity of I.shland publiG art account in the
Gity bloldget established by this article into whiGh all moneys donated,
appropriated or derived pursuant to the perGent for art program shall be
deposited. Funds within the publiG art aGGount shall be utilized for the
purposes outlined in this artiGle.
L. "Removal" means the eXGlusion of an artwork from the I,shland publiG
art GolleGtion by the removal and disposal through any available means,
such as relinquishing title through sale, gift or destruction.
Page 17 of 49
M. "Selection Panel" means a group of individlolals seleGted by the
Commission that '.vill evallolate the proposals associated '.vith a particular
project in a public meeting.
N. "TOT Funds" means the portion of transient oCGupancy tax flolnds
alloGated for public art.
O. "Commercial Development Fee" means flolnds deposited by a
Gommercial developer into the Public Art aCGount when the de':eloper
prefers not to inGorporate public art into the project and follow the public
art proGess for art acquisition and approval.
P. "Total cost" means the entire amount of the Gily' s financial contribution
to.....ard constrlolction and maintenance of a project.
2.17.010 Established Membership. Created
The Public Arts Commission for Ashland is established Greated and shall have
the powers and duties provided in this chapter.
2.17.020 Members; Terms
The Public Arts Commission shall consist of seven members appointed by the
mayor and confirmed by city council. The commission shall contain five members
from a broad spectrum of citizens including artists and those with a background
in the arts, arts organizations, education, structural and landscape architecture,
and two citizens at large. The mayor shall also designate a non voting
council member as liaison to the commission. At least five members of the
commission shall reside inside the city limits. The appointees shall have three
year terms. The original appointees shall be appointed: two for one year,
two for two years and three for three years, thereafter all terms ...:i11 be for
three years. All members may vote on any matter Goming before the
Gommission, except as the ethics laws of the State of Oregon may provide.
Any commissioner who is absent from four or more meetings in a one year
period without being excused, shall be Gonsidered no longer active and the
position ':aGant, and a new commissioner shall be appointed to fill the
vaGanGY.
2.17.030 OffiGers
At its first meeting the PubliG Arts Commission shall eleGt a Ghair and a
':ice chair who shall hold office for one year, eXGept that the first chair and
viGe Ghair shall serve until the end of the Galendar year. At the first
meeting of eaGh Galendar year, the Ghair or viGe chair from the pre':iolols
year shall preside over eleGtions for Ghair and viGe Ghair. Neither the chair
Page 18 of49
nor ':iGe chair shall serve as an offiGer for more than two conseGloltive
terms.
2.17.050 Meetings; Quorum; Voting
The PubliG Arts Commission shall hold an official meeting at least monthly
and may hold speGial meetings as set by the Gommission. 1'. majority of the
members Gonstitutes a quorum for meetings. Pro':ided a quorum is
present, any item must be approved by a simple majority of the voting
members present at a meeting to pass, unless otherwise provided.
2.17.060 Rules and Regulations
The Public Arts Commission shall establish such rules and regulations for
its government and proGedlolres consistent with the la'Ns of the state and
the ordinanGes of the city.
2.17.070 Powers and Duties
The Public Arts Commission shall be specifically responsible for, but not limited
to, the following:
A. The commission shall ensure the arts continue to be of value as an integral
part of Ashland.
B. The commission shall promote the arts in Ashland to enrich the lives of its
citizens through education and demonstration.
C. The commission may assist the city council, the Ashland Parks and
Recreation Commission, historic commission and the planning commission in
using public art to enhance existing development in public parks and other public
lands and in public structures.
D. The commission shall advise the planning commission, the Ashland Parks and
Recreation Commission, other city commissions and committees and city
departments regarding artistic components of all municipal government projects
under consideration by the city. The commission may also serve as a resource
for artistic components of land use developments.
E. The commission shall develop and recommend to the city council policies and
programs that would enhance and encourage the planning, placement and
maintenance of public displays of art in locations open to the public within the
community.
Page 19 of 49
F. The commission shall encourage connections with other local, regional and
national organizations working for the benefit of art and preservation of artistic
values, and other similar activities.
G. The commission shall recognize and encourage groups and organizations that
enrich Ashland life by bringing cultural and artistic values and artifacts to the city.
H. The commission shall pursue gifts and grants for support of arts programs and
activities and the procurement of public art.
2.17.080 Compensation
Voting members of the Gommission shall reGei'le no Gompensation for
sen:iGes rendered. The commission may reGeive gifts, bequests or devises
of property on behalf of the Gity to Garry Ololt any of the purposes of this
Ghapter. These shall be placed in a speGial aGGount for use of the
Gommission.
2.17.090 PoliGies
A. The Public !',rts Commission shall operate in the general publiG interest
serving the Gommlolnity as a whole. It shall serve no speGial interests.
8. The PubliG .'\.rts Commission shall not endorse any commerGial produGt
or enterprise
2.17.100 ProGess for aGqloliring plolblic art
.^" General. The PubliG I'.rt Commission will Gall for entries by issuing
a request for proposal, a reqlolest for qualifiGation or by invitation.
The Gall f<lr entries will inGlude speGifiG guidelines and criteria for the
speGifiG projeGt. Every Gall for entry must Gomply '.'lith the City's
publiG Gontracting rules.
1. Acquisition. AGquisition of plolblic art will generally result
fFoR*
a. The Gommissioning or plolrchasing of a work of public art by
the Gity Iolsing Gity funds or donated funds, in aGcordance with
public contracting laws and AMC Chapter 2.50; or
b. An offer made to the Gity to accept a work of plolbliG art as a
gift, donation, or loan.
2. Removal. Removal of plolblic art may be by request or owing
to some damage or destruction of the artwork.
Page 20 of 49
8. SeleGtion Panel. 1'. seleGtion panel, separate from the PlolbliG A.rt
Commission, consisting of art professionals and enthlolsiasts,
residents near the proposed site, Gommlolnity members, and Gity
administrators '.vill be Ghosen to evaluate the proposals reGeived
from artists. II. different selection panel shall be chosen for each
project by the Commission after the f<lllowing notifications ha'/e
been made:
1. An ad is plaGed in a ne'....spaper of general GirGlollation in the
GUy,
2. PostGards are sent out to all property O'Nners IOGated within
300 feet of the proposed site, and
3. A notiGe is pi aGed on the Gity's website.
The Commission shall piGk the SeleGtion Panel by examining
applications reGeived from interested parties.
C. Evaluation of Acquisition Proposals. Proposals whiGh meet the
minimum requirements set f<lrth in the Gall f-or entries '....i11 be given to
the SeleGtion Panel for re'/iew. The proposals for acquisition shall be
evaluated based upon Griteria set f-orth in the Gall f<lr entries at a
publiG meeting. The SeleGtion Panel \..'i11 evaluate the proposals and
make a reGommendation to the PubliG Art Commission regarding
whiGh proposals to accept. The Commission shall forward that
reGommendation to the City CounGiI for final seleGtion. This
ordinance does not exclude land use approval prOGesses when
reqlolired for the Iolse or structlolre.
D. Removal and Disposal Process. EXGept as provided in AMC
2.17.140(8), neither the CounGil nor the Commission is bound to
folio'.... any particular process for removal and disposal of art in the
Ashland PlolbliG .^.rt ColleGtion.
2.17.110 Review proGess f-or gifts or donations
The Commission may soliGit gifts and bequests of public art or funds to
benefit the Ashland PubliG Art ColleGtion. The Council shall deGide whether
to accept all SUGh gifts of art work on behalf of the Gity and the Ashland
PubliG f.rt ColleGtion on its own motion or upon a reGommendation by the
Commission based on its own evaluation, or by recommendation of the
Commission after the SeleGtion Panel has evallolated the artwork using the
guidelines in AMC 2.17.130 and the total cost o':er the life ofthe artwork.
Page 21 of49
1\11 art works or funds shall be administered by the Gity in aGGordanGe with
its terms. Funds donated to the Commission shall be pi aGed in a speGial
aGGount to be used eXGlusi'lely for the purposes of the Commission or as
designated by the donor. Funds in this aGGount may only be expended after
they have been properly bloldgeted or approved by the city.
2.17.120 PlolbliG J'.rt on Private Property
8efore plolblis art Gan be plaGed on private property the Commission shall
determine whether the site is appropriate for plolbliG art under the Site
SeleGtion Griteria in .^,MC 2.17.1 JO. If the site is found to be appropriate for
plolblic art, the City shall seGlolre authorization to use and aGGess the private
property where the publiG art will be IOGated before the aGquisition process
for public art is initiated. There shall be a written agreement or legal
instrument, granting the City permission and Gontrol of the property so that
the property can be Iolsed for public art purposes, inGluding aGGess for
installation, maintenanGe and removal of the am..ork. PlolbliG art Gan then be
aGqlolired for plaGement on pri'late property by f<lllowing the process for:
A. AGquisition in AMC 2.17.100, or
8. Gifts and donations in .'tMC 2.17.110.
2.17.130 Guidelines for reGommemlation by the Commission
1\. SeleGtion Guidelines for Works of Plolblic Art.
1. Quality. The am/ark should be of eXGeptional quality and
enduring '1alue.
2. Site. The artwork shololld enhanGe the existing GharaGter of
the site by taking into aGGount sGale, Golor, material, texture,
Gontent, and the social dynamiGs of the 10Gatian.
3. History and Context. The artwork should Gonsider the
historiGal, geographiGal, and Glolltlolral features of the site, as
well as the r-elationship to the existing arGhiteGtlolre and
landsGaping of the site.
4. Initial Cost. The total Gost of the artwork, inGluding all items
related to its installation, should be Gonsidered.
5. MaintenanGe and Durability. The durability and Gost to
maintain the artv:ork should be Gonsidered and quantified,
partiGularly if the '.vork is serviGing, repainting, repairing or
replacement of moving parts.
Page 22 of 49
6. PermanenGe. 80th temporary and permanent art works shall
be Gonsidered.
7. Media. All forms of 'Jie:ual media shall be considered,
subjeGt to any requirements set forth by Gity ordinal1Ge.
8. PlolbliG Liability. The artwork shololld not reslollt in safety
hazards, nor Gause extraordinary liability to the Gity.
9. Di\'ersity. The artwork in the J'.shland PlolbliG Art ColleGtion
should encourage clolltural diversity.
10. Commercial ^spect. The artwork shall not promote goods
or serviGes of adjaGent or nearby blolsinesses.
11. ComplianGe. Artworks shall not ':iolate any federal, state,
or local laws, including speGifically AMC Chapter 18.96.
8. Guidelines for Site SeleGtion.
1. Ownership or Control. PubliG art should be plaGed on a site
owned or Gontrolled by the city, or there should be a written
agreement or legal instrument, granting the City permission to
use the property for publiG art plolrposes, incllolding aGcess for
installation, maintenanGe and remo'Jal.
2. Visual Accessibility. PubliG art should be easily ':isible and
aGGessible to the publiG.
3. Vislolal Enhancement. Plolblic art should visually enhanGe the
overall publiG en':ironment and pedestrian streetscape.
4. Pedestrian J\GGessibility. PubliG art should experienGe high
levels of pedestrian traffiG and be part of the Gity's GirGulation
paths.
5. CirGulation. PubliG art shololld not bloGk windows,
entranGeways, road'Nays or obstrlolGt normal pedestrian
Girculation or vehiGle traffic.
6. Scale. Public art should not be pi aGed in a site wher.e it is
overwhelmed or Gompeting with the scale of the site, adjacent
arGhiteGture, large signage, billboards, etG.
2.17.140 Standards for the .'\shland Public Art ColleGtion
Page 23 of 49
A. AGquisitions. The following minimum standards and criteria shall
apply to the aGquisition of arnvorks.
1. Artworks may be acquired by direct purchase, commission,
gift or any other means.
2. AGquisition, '....hether by direGt purGhase, Gommission, gift,
or otherwise, shall OGGlolr by a legal instrlolment of conveyance
or other writing transferring title of the artwork to the City and
Glearly defining the rights and responsibilities of all parties.
3. The Gity shall obtain .the rights of ownership and possession
'.vithololt legal or ethiGal restriGtions on the future use of the
artwork upon final aCGeptanGe of the arn-fork, eXGept where
expressly provided in the contract with the artist. The artists
shall retain all rights and interests in the arnvork eXGept for the
rights of o'....nership and possession.
4. The City shall only 3Gquire artworks if: 1) the artist warrants
that he '....i11 not make a duplicate of the artwork, or permit
others to do so, without written permission by the City, and 2)
the artist gi'les permission to the City to make a 1\-:0
dimensional reproduGtions as long as all such reproduGtions
provide the Gopyright symbol, name of the artist, title of the
artwork, and the date of completion.
5. Complete reGords, inGluding GontraGts with artists, shall be
Greated and maintained for all art.....orks in the I'.shland PubliG
Art ColleGtion.
8. Remo'Jal.
1. The Commission may reGommend remo'lal and!or disposal
based on one or more of the following Gonditions. No plolblic
hearing is required for a removal recommendation.
a. The site f-or an arnyork has beGome inappropriate
beGalolse the site is no longer aGGessible to the public or
the physical site is to be destroyed or significantly
altered.
b. The arn...ork is found to be forged or Gounterfeit.
G. The artwork possesses slolbstantial demonstrated
faults of design or workmanship.
Page 24 of 49
d. The am...ork Galolses excessive or unreasonable
maintenanGe.
e. The am'lork is damaged irreparably, or so severely
that repair is impractical.
f. The am'lork presents a physiGal threat to public
safety.
g. The am':ork is rarely displayed.
h. !\. written request f-or removal has been reGeived from
the artist.
2. CounGil Remo'/al ProGess.
a. On its own motion, or following reGeipt of a
reGommendation from the Commission the Council may
remove and dispose of any artwork previously aGGepted
into the Ashland PlolbliG Art ColleGtion in their sole
disGretion.
b. AGGeptanGe or plaGement of donated art by the Gity
does not glolarantee Gontinuous publiG display of the
artwork regardless of physiGal integrity, identity,
authenticity, or physiGal Gondition of the site.
c. Removal offiGially deletes the \'fork from the city of
Ashland Plolblic Art ColleGtion by a relinqlolishment of
title to the artwork; thus, eliminating the city's
obligation to maintain and preserve the artwork.
d. Notwithstanding the abo'/e, Artwork shall be disposed
of in aGGordance with any specifiG terms for remo'lal
and disposal set f-orth in the GontraGt with the Artist.
3. Removal and Disposal.
a. The Gity may donate the artwork to another
governmental entity or a nonprofit organization.
b. A work that is deemed to have retained suffiGient
monetary '/alue to warrant resale, shall be disposed of
through a publiG sale, aUGtion, or any other means as
established by Gity ordinanGe.
Page 25 of 49
G. Artworks removed from the Ashland PubliG .'\.rt
Collection may be disposed of through any appropriate
means, inGluding the city's proGedures for the
disposition of surplus property.
C. 8orrowing of J'.rtworks.
1. The Commission may also recommend art\':orks be
borrowed.
2. With the eXGeption of ownership, the eligibility, review
criteria, and proGedure for borrowed '....orks shall be the same
as those established in this artiGle for aGquisition.
3. The borrowing of artworks shall be plolrsuant to written
agreement between the Gity and the artist.
4. Nothing herein prohibits the Gity from securing other works
of art orart exhibitions for display inside its faGilities.
2.17.150 MaintenanGe of the J'.shland Public Art ColleGtion
A. EXGept where expressly provided in a GontraGt or warranty for
publiG art the city shall be responsible for all maintenanGe of all
art\\'orks in the I,shland PubliG Art Collection.
8. '.l'Jithin the limitation of the Gity budget the Gity shall pro'Jide
necessary and appropriate maintenance of the Ashland PubliG Art
ColleGtion, inGluding, blolt not limited to, regular Gustodial Gare and
lands Gape maintenance. MaintenanGe shall be performed in
aGGordanGe '....ith any speGial instruGtions or procedures neGessar}'
for the preservation of the work.
C. .'\.ny e,..idence of damage, deterioration, vandalism or theft of
artworks in the Ashland Public Art ColleGtion shall be immediately
reported to the appropriate City Department. City staff shall keep the
Commission and CounGil inf-ormed of damage to City property.
2.17.160 Parks Gommission
The standards and procedures in this artiGle are in addition to, not in
derogation of, the Ashland parks Gommission review responsibilities for
projeGts proposed in Gity parks. Nothing herein exempts publiG art projeGts
from GomplianGe .....ith all applicable federal, state, and local laws inGluding,
but not limited to, land de\'elopment regulations and building Gode
Gompliance.
Page 26 of 49
2.17.170 Development of guidelines
The Commission shall have the ability to establish further guidelines
concerning its operations;'howe'ler, only the Griteria and processes of this
ordinanGe will be legally binding.
2.17.180 Creation, funding and Iolse of Ashland publiG art aGGount
A. Establishment. The Council hereby establishes a separate
aGGount entitled the /\shland publiG art aGGount to be refleGted in the
Gity budget. All funds donated, appropriated or generated for the
purpose of public art acquisition and eduGation shall be deposited in
this aGGount and used solely for such purposes, in aGGordanGe '....ith
this artiGle and other appliGable law. Funds generated pursuant to
the CommerGial Development Fee in lieu established in Chapter 18,
as well as the Transient OGcupanGY Tax Resolloltion alolthorized in
Chapter 4.24, and the PerGent for Art dedication in this seGtion shall
all be deposited into the !',shland PubliG J'.rt Accololnt.
8. Permitted Purposes of PubliG Art AGGount. The publiG art aGGount
shall be used solely for the aGqlolisition, plaGement, maintenanGe, and
removal of artworks for inGlusion in the Ashland PubliG Art
ColleGtion and for art eduGation plolrposes, such as Gommunity
outreaGh presentations and workshops, in aGGordanGe with the
provisions of this artiGle and other applicable law.
C. Reqlolirement for DediGation of a PerGent for Art. Any Gity offiGial or
employee 'Nho authorizes or appropriates expenditlolres on behalf of
a partiGipating department for a Gity project shall, to the degree that
there are eligible funds, incllolde within the budget for the projeGt a
monetary contribution for the publiG art aCGount equal to one half
perGent (0.5%) of the total Gost of the project.
1. One half percent (0.5%) of the total Gost of a qualifying Gity
project shall be dediGated to the public art account. SUGh
funds shall be deposited into the plolblic art aCGount by the Gity
official or employee aGting on behalf of the partiGipating
department no earlier than the time that bloldgeted flolnds are
enGumbered for GonstrlolGtion of the Gity project and no later
than final inspeGtion of the Gompleted city projeGt.
2. The partiGipating department shall Gonsider the siting of
public art as part of the design and engineering phase of any
Gity projeGt. If Gosts are inGurred by the partiGipating
department to Gomply with this article requirement prior to
transfer of the one half perGent (.5%) dediGation for the Gity
Page 27 of 49
projeGt to the publiG art aCGount, the participating department
may deduGt SUGh Gosts (not to exceed one half percent) from
the one half perGent (.5%) dediGation at the time SUGh funds
are transferred.
D. Restricted Funds. If funding for a partiGular Gity project is subjeGt
to legal restrictions that preclude publiG art as an objeGt for
expenditure; the portion of the Gity projeGt that is funded with the
restriGted flolnds shall be exempt from the dedication requirements of
this artiGle.
E. Phased Projects. As a general rule, where a Gity project will be
construGted in phases, the one half percent (0.5%) dediGation shall
be applied to the estimated total Gost of eaGh phase of the city
projeGt at the time that funds f<lr the phase are appropriated and
enGlolmbered. However, nothing in this seGtion prevents the Council
from deciding to hold or set aside all or part of the entire dedication
from the funds of a partiGular phase, as the Council deems
appropriate. In determining when to hold or set aside the funds f<lr a
phased project, the Gity will Gonsider an overall public art plan for the
project to ensure that art is not 10Gated on a pieGemeal basis with
phase Gonstruction.
F. Monetary contributions for publiG art shall be deposited in
separate aGGOlolnts within the publiG art account if separate
accounting is deemed appropriate by the Administrative ServiGes
DireGtor (FinanGe) or is required by law.
G. Monetary contributions or appropriations made other than
through the percent for art program shall be deposited in the plolbliG
art aGGount and may be dedicated to or earmarked for a specific
eduGation program or work of art, subjeGt to aGGeptance by the
CounGil.
H. DiE:bursements from the publiG art account shall be made only
after authorization of the City Administrator or the Administrati'Je
ServiGes DireGtor (Finance), and shall be made aGcording to this
artiGle and other appliGable city ordinanGes, including but not limited
to the plolbliG Gontracting code (AMC Chapter 2.50).
I. The Council may adopt by resolution case specifiG 'Nai':ers or
guidelines for administration of the perGent for art program,
inGluding Gase by Gase waivers of the required dediGation set forth
herein based on the a'.'ailability of publiG flolnds, as well as any other
matters not speGifiGally addressed herein and appropriate or
neGessary to the administration of the program.
Page 28 of 49
SECTION 8. Chapter 2.18. rConservation Commissionl, is hereby amended to
read as follows:
2.18 Conversation Commission
2.18.010 Established-Membership
The Conservation Commission is established and shall consist of nine 1m voting
members including one representative of the solid waste franchisee for the city;
and one representative from Southern Oregon University; and one representative
from the Ashland School District and six (6) other voting members. At least five
(5) of the other members shall reside within the city. The commission shall also
consist of certain non-voting ex officio members, including the mayor or one
council member serving as council liaison, the Department of Community
Development Director and the Electric Utility Director, the Director of Public
Works, the Building Official and City Administrator. The Electric Utility Director
shall serve as the primary staff Liaison and Secretary of the Commission. Voting
members shall be appointed by the Mayor with confirmation by the City Council.
2.18.020 Terms Vacancies
The term of voting members shall be for three years, expiring on April 30 of
eaGh year. .I\.ny vaGanGY shall be filled by appointment by the Mayor with
Gonfirmation by the City COlolnGiI for the unexpired portion of the term. The
terms of the initial nine members shall be three members for one year,
three for two years, and three for three years, whiGh shall be drawn by lot at
the first meeting of the commission after the adoption of this resolution.
Their SIolGcessors shall be appointed for three year terms. Any
commissioner ...:ho has f-our or more IolnexGused absenGes in a one year
period shall be considered no longer aGtiye and the position vaGant and a
new person shall be appointed to fill the vacanGY.
2.18.030 Quorum Rlolles and Meetings
Five voting members of the Gommission shall Gonstitute a quorum. If a
quorlolm is present, the affirmative vote of a majority of Gommissioners
present at the meeting and entitled to vote shall be suffiGient to condlolct
business. The Gommission may make rules and reglollations for its
meetings and proGedlolres consistent with Gity ordinanGes and this
resolution, and shall meet at least onGe e'/el"}' month. At its first meeting,
the Gommission shall eleGt a Ghair and vice Ghair who shall serve for a
period of one year or until replaGed by the Gommission.
2.18.040 Powers and Duties-Generally
Page 29 of 49
The powers, duties and responsibilities of the commission shall be to educate
and advocate for the wise and efficient use of resources by the City of Ashland
and all Ashland citizens. In doing so the commission shall recommend to the
council the adoption of policies, implementation strategies and funding related to:
A. Recycling, source reduction and solid waste/landfill issues;
B. Electric conservation issues;
C. Water conservation issues;
D. Resource conservation issues;
E. New power resource decisions, but not including decisions
involving wholesale power contracts;
F. Renewable resource decisions;
G. Air quality issues;
H. Education of citizens about efficiency issues; and
2.18.050 Reports
The Gommission shall submit Gopies of its minutes to the City Council and
shall prepare and submit SUGh reports as from time to time may be
reqlolested by the GOlolnGil.
2.18.060 Compensation
Voting members of the Commission shall receive no Gompensation for
serviGes rendered.
SECTION 9. Chapter 2.21, rCable Access Commission!. is hereby amended to
read as follows: '
2.21 Cable ACGess Commission
2.21.010 Definitions
The follo',>:ing words and phrases whene'/er used in this chapter shall be
construed as defined in this seGtion unless from the context a different
meaning is intended.
A. "Access" or "publiG aGGess" means that government aGGess Ghannel or
channels provided to the City of Ashland by the Cable Company in
aGGordanGe with Section 26 of Ordinance No. 2258 or the Cable Tele'lision
Consumer Protection and Competition Act of 1992.
B. "Commission" means the Ashland Cable AGcess Commission Greated
by and with authority as delineated by this ordinance.
Page 30 of 49
C. "RVTV" means Rogue Valley Community Television as administered by
the Extended Campus Program of SOlolthern Oregon State College.
2.21.020 Commission Established, Membership
A. The Ashland Cable AGGess Commission is created and shall consist of
five members appointed by the Mayor and Gonfirmed by the Council.
8. The Commission shall also Gonsist of the following ex offiGio, non
voting members: the City of Ashland Administrator or designee and a
representative of the Southern Oregon State College RVTV staff.
2.21.030 Terms VaGanGies
When the first members of the Commission are appointed by the Mayor
under SeGtion 2.21.020, two shall be appointed for a term to expire July
1997, n\'o shall be appointed for a term to expire July 1998, and one shall
be appointed for a term to expire July 1999. The SUGGessors to these
positions shall serve terms of three years. VaGanGies shall be filled as
promptly as possible. Any Commissioner who is absent for two
GonseGloltive meetings or four meetings in a one year period without being
excused, shall be considered no longer aGtive and the position vacant.
2.21.040 Quorum Rules and Meetings
^ qlolorlolm shall exist .....hene'Jer a majority of the duly appointed voting
members are present. A majority of a quorum shall be neGessary for the
conducting of business at meetings. The Commission shall develop and
operate in aGGordanGe .....ith appropriate rules and regulations for the
GonduGt of its meetings, and shall meet at least e'lery other month.
2.21.060 Powers and Duties Generally
The Commission shall:
A. Review, adopt and reGommend for City CounGiI appro'lal appropriate
guidelines, poliGies and proGedures f-or publiG aGGess serviGes thrololgh
RVT'I inGluding Iolse of access facilities. The poliGies and proGedures shall
include a dispute resolution proGess for the plolblic to resolve disputes
regarding publiG aGGess. The Commission shall monitor and assist in,
where appropriate, the implementation of these guidelines, poliGies and
proGedures.
B. Monitor, evaluate and make reGommendations to the City CounGiI
regarding the effeGtiveness of agreements between the Gity and Southern
Oregon State College or others involving plolbliG aGGess programming,
Page 31 of 49
equipment and facilities.
C. The Commission shall ha':e the further responsibility to assess ',vhether
the public's need for community aGGess programming is being satisfied
and to develop long range plans, strategies, and recommendations f-or
improved Gommunity aGGess as it deems neGessary.
D. The Commission shall have the alolthority to search Ololt grant funds and
other sOlolrces of re':enue for publiG aGGess, to f-oster ne'.... program
development, and to seek additional participants.
2.21.070 .'\ppeals
Except as provided in this seGtion, a deGision of the Commission is final.
Pro':ided the petition is filed within 60 days of the deGision, any person
aggrieved by a decision of the Commission may petition the Ashland City
Council to hear an appeal of the deGision. The COlolncil may decline to hear
the petition. If the COlolncil hears the petition, it shall have the alolthority to
affirm, modify or reverse the de Gis ion of the Commission.
2.21.080 Reports
The Commission shall slolbmit copies of its minutes to the City COlolnGil and
shall submit SIolGh reports as from time to time may be reqlolested by the
Mayor and City CounGil.
2.21.090 Compensation
Voting members of the Commission shall reGeive no Gompensation for
serviGes rendered. The Commission may reGei'le grants, gifts, bequests or
devises of property to Garry Ololt any of the purposes of this Chapter whiGh
shall be pi aGed in a special aCGount for the use of the Commission.
SECTION 10. Chapter 2.24, rHistoric Commissionl. is hereby amended to read
as follows:
2.24 Historic Commission
2.24.010 Established - Membership
There is established a Historic Commission which will consist of nine (9) voting
members, and certain non-voting ex officio members including the Chairperson
of the Planning Commission, a representative from the Ashland City Council, and
a representative of the Ashland Building Division.
Page 32 of 49
2.21.020 Term Vacancies
The members shall be appointed by the Mayor, with confirmation by the
. City CounGil, for three (3) year terms.
Initially, three (3) members shall be appointed to terms expiring on
DeGember 31, 1975, three (3) for terms expiring DeGember 31, 1976, and
three (3) for terms expiring December 31, 1977. (Ord. 2423^ changed
expiration dates to April 30th of the next year beginning for terms ending in
1989.)
Their SIolGGessors shall be appointed to three (3) year terms.
Any Commissioner who is absent from f-our (1) or more meetings in a one
year period without being eXGlolsed, shall be considered no longer acti'/e
and the position vaGant, and a new Commissioner shall be appointed to fill
the vaGanGY. (Ord. 2123 A S1, 1989; Ord. 2531,1989)
2.21.030 Quorum Rules and Regulations
Fi\'e (5) voting members of the Commission shall Gonstitlolte a quorlolm.
At its first meeting of the year the Commission shall eleGt a Chair, ViGe
Chair and SeGretary, who shall hold office at the pleasure of the
Commission. The Commission may make rules and reglollations for its
govemment and proGedure, Gonsistent with the la'J.'s of the State and City
Charter and Ordinances and shall meet at least once a month on the first
Wednesday at 7:30 P.M. in the Ashland Commlolnity Center, Ashland
Oregon.
2.24.040 Powers and Duties - Generally
The powers, duties, and responsibilities of the Historic Commission shall be as
follows:
A. To survey and recommend to the City Council, areas or properties of
significant historical value and interest to be designated historical properties;
B. To draft and recommend ordinances and other measures designed to protect
and foster interest in the improvement of designated historical properties;
C. To review literature and sources of funding concerning the protection and
improvement of designated historic properties;
D. To review and make recommendations concerning the improvement of
designated historic properties in connection with the issuance of building permits,
Page 33 of 49
zone changes, conditional use permits, variances, sign permits, and site reviews;
E. To review and recommend project applications for funding;
F. To promote public support in the preservation of Ashland's historic past;
G. Advise citizens on aesthetic standards for historic areas.
2.24.050 Reports
The Commission shall submit Gopies of its minutes to the City CounGil and
Planning Commission and shall prepare and submit SUGh reports as from
time to time may be requested of them by the Mayor and City CounGil and
the Planning Commission.
2.24.060 Compensation
Voting members of the Commission shall receive no compensation for
serviGes rendered. The Commission may reGeive gifts, bequests or devises
of property to Garry Ololt any of the purposes of this Chapter, '....hiGh shall be
pi aGed in a speGial fund for use of said Commission.
SECTION 11. Chapter 2.23. rAshland Airport Commissionl, is hereby amended
to read as follows:
2.23 Ashland Airport Commission
2.23.010 Established - Membership
There is hereby established an Ashland Airport Commission which shall consist
of nine (9) voting members, one (1) of '/thiGh shall be the Council person
appointed by the Mayor as liaison to the Commission, and two one (1) ill
non-voting ex officio member~ who shall be the Director of Public Works and
the Council person appointed bv the Mavor as liaison to the Commission..
The voting members shall be appointed by the Mayor, with Gonfirmation by
the City COlolncil.
2.23.015. Qualifications. In makinQ the appointments, the Mavor and
Council shall appoint members such that the maioritv of the Commission
has either education. traininQ. experience or other expertise in airports.
aircraft, aeronautics or enQineerinQ. A member shall not be disqualified for.
purposes of appointment or official action simplv bv beinQ a member of a
class of airport users, includinQ but not limited to pilots. airplane owners or
airport lease holders.
2.23.020 Term VaGancies
Page 34 of 49
The term of eight of the voting members shall be for three (3) years
expiring on April 30 of eaGh year. The term of the COlolnGilliaison person
shall be for one (1) year. Any vaGanGY shall be filled by appointment by the
Mayor, with Gonfirmation by the City Council, for any unexpired portion of
the term. The terms of the initial eight members shall be two for one (1)
year, three for two (2) years, and three for three (3) years, '....hiGh shall be
drawn by lot at the first meeting of the Commission after the adoption of
this Ghapter. Their SUGGessors shall be appointed to three (3) year terms.
I'.ny Commissioner .....ho is absent from f<lur (4) or more meetings in any
one calendar year, without being eXGused, shall be Gonsidered no longer
aGtive and the position vacant, and a new Commissioner shall be appointed
to fill the vaGanGY.
2.23.030 Qlolorlolm Rules and Meetings
Five (5) voting members of the Commission shall Gonstitute a quorum. The
Commission may make mles and reglollations for its government and
proGedure, Gonsistent with the laws of the State and City Charter and shall
meet at least onGe every thirty (30) days.
2.23.040 Powers and Duties - Generally
The powers and duties of the Ashland Airport Commission shall be as follows:
A. To advise the Mayor and City Council on all matters relating to the
management, operation, and further development of the Ashland Airport.
B. To investigate Federal, State, County, and private funding for airport
improvements in relation thereto the requirement of City participation in financing.
C. To review and recommend project applications for funding to the City Council.
2.23.050 Reports
The Commission shall submit Gopies of its minutes to the City COlolncil and
shall prepare and submit SUGh reports as from time to time may be
requested by the Mayor and City CounGil.
2.23.060 Compensation
Voting members of the Commission shall reGeive no Gompensation for
services rendered. The Commission may reGeive gifts, beqlolests, or
devises of property to Garry out any of the purposes of this Chapter, whiGh
shall be segregated from other funds f<lr use by said Commission with the
approval of the City CounGil.
Page 35 of 49
SECTION 12. Chapter 2.25, [Tree Commissionl. is hereby amended to read as
follows:
2.25 Tree Commission
2.25.005 Purpose - The Tree Commission shall provide advice and guidance to
commissions, the Council and city departments on all tree-related matters and to
involve citizens in protecting Ashland's urban forest.
2.25.010 Established - Membership
The Tree Commission is hereby established to pro','ide adviGe and guidance to
commissions, the CounGil and Gity departments on all tree related matters
and to involve citizens in protecting Ashland's Iolrban forest. The
Commission shall Gonsist of the aGtual number of Gurrent sitting
Commission members appointed by the Mayor and Gonfirmed by the City
CounGil pursuant to AMC Section 2.2S. 020, but in no case and-shall consist
of no there be less than five members nor more than seven voting members.
There shall also be ami three non-voting ex officio members consisting of a
member of the City Council, a representative of the Community Development
Department and a representative of the Parks and Recreation Department. +he
voting members shall be appointed by the Mayor with Gonfirmation by the
City Council.
2.2S.020 Term 'JaGancies
The term of a '/oting Commissioner shall be for three years. Any vaGanGY
shall be filled by appointment of the Mayor with confirmation by the City
CounGiI for the unexpired portion of the term. Any Commissioner with four
or more unexGused absenGes from meetings in a one year period shall be
Gonsidered no longer aGti\'e and the position '1aGant and a new
Commissioner shall be appointed to fill the vaGanGY.
2.25.030 Quorum - Rules and Meetings
Notwithstandinq any other provision of this code. a A-quorum shall be
defined as one-half the number of sitting Commissioners, plus one, but in no
case less than three. If there is no quorum, no offiGial Commission business
shall be GonduGted and all matters advertised shall automatiGally be
Gontinued to the next regularly sGheduled meeting. The Commission may
make rlolles and regulations for its meetings and proGedures Gonsistent
with Gity ordinanGes, and shall meet at least onGe every month. At its first
meeting of eaGh year the Commission shall eleGt a Chair, a ViGe Chair
2.25.040 Powers and Duties - Generally
Page 36 of 49
The powers, duties and responsibilities of the Tree Commission shall be as
follows:
1. To act in an advisory capacity to the Planning Commission, City Council
and Planning Department Staff Advisor in the administration of the land-
use planning process, with respect to tree science and requirements,
landscape design and principles, locally suitable botanic species and
protection of natural resources. Failure to make a recommendation on any
individual planning action shall not invalidate the action.
2. To develop and recommend to the City Council for its adoption
ordinances and policies for the planting, care and protection of trees
throughout the City and to make amendments as required to AMC 18.61.
3. To act in an advisory capacity to the City Administrator and to all City
departments regarding tree protection, maintenance, removal or any
related issues in the City and on all City properties.
4. To develop and recommend to the Planning Commission and the City
Council for their review and adoption a city-wide tree monitoring and
maintenance plan for long-term tree care, including irrigation, pruning and
other annual activities. Copies of the plan shall be kept in the Office of the
City Recorder and the Community Development Department for public
review.
5. To develop and recommend to the City Council for its adoption a master
list of street trees suitable for planting along city streets, a copy of which
shall be kept on file by the Office of the City Recorder and the Community
Development Department as well as made available on the internet. The
list shall be updated and reviewed as required.
6. To educate the citizenry and to promote public knowledge and
understanding of the benefits of appropriate tree planting and care.
7. To facilitate an inventory of existing trees, including historical or
significant trees; to identify publicly owned properties in need of
sustainable tree-planting or landscaping; and to submit recommendations
regarding such enhancement of public lands and rights-of-way and to
present reports of such inventories, at the request or direction of Council.
2.25.050 Reports
The Commission shall submit Gopies of its minutes to the City CounGiI and
shall prepare and slolbmit such reports as from time to time may be
requested of them by the City Councilor the Planning Commission.
Page 37 of 49
2.25.060 Donations
Subject to the f<lrmal aCGeptanGe by the City COlolnGil; the Commission may
reGeive gifts, bequests or other deviGes of property in the name of the City
to carry out any of the plolrposes of this Chapter, which shall be pi aGed in a
special aGGount for use at the disGretion of the Commission. Penalty or'
mitigation fees as desGribed in 18.61.030, C and authorized by City CounGiI
may also be plaGed in slolch aGGount.
SECTION 13. Savings Clause and Continuation of existing appointments.
NotwithstandinQ this amendment/repeal. the City ordinances in existence
at the time any criminal. civil. or administrative enforcement actions or
other applications or actions were commenced shall remain valid and in
full force and effect for purposes of all cases. applications or action filed or
commenced durinQ the times said ordinances resolutions or Code
provisions were operative. This section simplv clarifies the existinQ
situation that nothinQ in this ordinance affects the validitv of prosecutions.
applications or actions commenced and continued under laws in effect at
the time the matters were oriQinallv filed. Further. NotwithstandinQ any
other provision of this Ordinance. currentlv seated Advisory commission,
committee and board members. (votinQ and non-votinQ). as well as
Liaisons. appointed under authority of prior Code. Ordinance or
Resolutions or shall remain seated and shall be considered appointed for
purposes of this ordinance in accordance with oriQinal term expirations as
they currentlv exist. Members who have abandoned their position due to
unexcused absences in accordance with prior ordinance or resolutions
provisions shall not be excused or saved bv this Section.
SECTION 14. Repeal. Resolution No. 1995-25 is hereby repealed.
SECTION 15. Repeal. Resolution No.1996-18 is hereby repealed.
SECTION 16. Repeal. Resolution No. 2003-07 is hereby repealed.
SECTION 17. Repeal. Resolution No. 2007-15 is hereby repealed.
SECTION 18 A new AMC Chapter 2.29, [Public Art], is hereby added from
deleted / moved sections of revised Chapter 2.17 to read as follows:
2.29 Public Art.
2.29.005 Definitions
Page 38 of 49
A. "Acauisition" means the inclusion of an artwork in the Ashland Public
Art Collection bv any means includina direct purchase, commission or
acceptance of a aift.
B. "Artwork" means visual works of public art as defined herein.
C. "Ashland Public Art Collection" means all public art acauired bv the City
bv any means.
D. "Capital improvement proaram ICIP)" means the city's proaram for
advance plannina of capital improvements.
E. "Citv proiect" or "proiect" means any capital improvement proiect in an
amount over $25,000 paid for whollv or in part bv the city of Ashland to
purchase or construct any public buildina, decorative or commemorative
public structure, sidewalk. or multi-use pathway construction, park facilitv
construction, or any portion thereof. within the limits of the city of Ashland.
"Citv proiect" or "proiect" does not include public utilitv improvements,
le.a. electric. water. sewer, or stormwater). LID improvements, includina
but not limited to streets. sidewalks and associated improvements.
property acauisition. earth work. emeraencv work. minor alterations.
rehabilitation. minor or partial replacement. remodelina or ordinary repair
or maintenance necessary to preserve a facilitv. Notwithstandina the above
limitation, the Council or responsible contractina officer may include any
new city street or utilitv proiect (limited to water. sewer and storm water
proiects) in an amount over $25,000 as a city proiect under this article. bv
either vote of the Councilor inclusion in the contract solicitation
documents prepared bv the responsible contractina officer.
F. "Commission" means the Ashland Public Arts Commission created bv
AMC 2.17.010, consistina of seven members appointed bv the mayor and
confirmed bv the Council.
G. "Eliaible funds"'means a source of funds for proiects from which art is
not precluded as an obiect of expenditure.
H. "Participatina department" means the department that is subiect to this
article bv its sponsorship of a city proiect.
I. "Percent for art" means the proaram established bv this article to set
aside a percentaae of the total cost of city proiects for public art.
J. "Public art" means all forms of oriainal works of art in any media that
has been planned and executed with the specified intention of beina sited
or staaed on City Property or on property owned or controlled bv the City
of Ashland, usuallv outside and accessible to the public.
Page 39 of 49
K. "Public art account" means the city of Ashland public art account in the
city budQet established by this article into which all moneys donated,
appropriated or derived pursuant to the percent for art prOQram shall be
deposited. Funds within the public art account shall be utilized for the
purposes outlined in this article.
L. "Removal" means the exclusion of an artwork from the Ashland public
art collection by the removal and disposal throuQh any available means.
such as relinQuishinQ title throuQh sale. Qift or destruction.
M. "Selection Panel" means a Qroup of individuals selected by the
Commission that will evaluate the proposals associated with a particular
proiect in a public meetinQ.
N. "TOT Funds" means the portion of transient occupancy tax funds
allocated for public art.
O. "Commercial Development Fee" means funds deposited by a
commercial developer into the Public Art account when the developer
prefers not to incorporate public art into the proiect and follow the public
art process for art acquisition and approval.
P. "Total cost" means the entire amount of the city's financial contribution
toward construction and maintenance of a proiect.
2.29.100 Process for aCQuirinQ public art
A. General. The Public Art Commission will call for entries by issuinQ
a request for proposal. a request for Qualification or by invitation.
The call for entries will include specific Quidelines and criteria for the
specific proiect. Every call for entry must comply with the City's
public contractinQ rules.
1. Acquisition. Acquisition of public art will Qenerally result
from:
a. The commissioninQ or purchasinQ of a work of public art by
the city usinQ city funds or donated funds. in accordance with
public contractinQ laws and AMC Chapter 2.50: or
b. An offer made to the city to accept a work of public art as a
Qift. donation. or loan.
2. Removal. Removal of public art may be by request or owinQ
to some damaQe or destruction of the artwork.
Page 40 of 49
B. Selection Panel. A selection panel. separate from the Public Art
Commission. consistina of art professionals and enthusiasts.
residents near the proposed site. community members. and city
administrators will be chosen to eyaluate the proposals receiyed
from artists. A different selection panel shall be chosen for each
proiect by the Commission after the followina notifications have
been made:
1. An ad is placed in a newspaper of aeneral circulation in the
city.
2. Postcards are sent out to all property owners located within
300 feet of the proposed site. and
3. A notice is placed on the city's website.
The Commission shall pick the Selection Panel byexamininQ
applications received from interested parties.
C. Evaluation of Acauisition Proposals. Proposals which meet the
minimum reauirements set forth in the call for entries will be aiven to
the Selection Panel for review. The proposals for acauisition shall be
evaluated based upon criteria set forth in the call for entries at a
public meetina. The Selection Panel will evaluate the proposals and
make a recommendation to the Public Art Commission reaardina
which proposals to accept. The Commission shall forward that
recommendation to the City Council for final selection. This
ordinance does not exclude land use approval processes when
reauired for the use or structure.
D. Removal and Disposal Process. Except as provided in AMC
2.29.140(B). neither the Council nor the Commission is bound to
follow anv particular process for removal and disposal of art in the
Ashland Public Art Collection.
2.29.110 Review process for aifts or donations
The Commission may solicit aifts and beauests of public art or funds to
benefit the Ashland Public Art Collection. The Council shall decide whether
to accept all such aifts of art work on behalf of the city and the Ashland
Public Art Collection on its own motion or upon a recommendation by the
Commission based on its own evaluation. or by recommendation of the
Commission after the Selection Panel has evaluated the artwork usina the
Quidelines in AMC 2.29.130 and the total cost over the life of the artwork.
Page 41 of 49
All art works or funds shall be administered by the city in accordance with
its terms. Funds donated to the Commission shall be placed in a special
account to be used exclusively for the purposes of the Commission or as
desiQnated by the donor. Funds in this account may only be expended after
they have been properly budQeted or approved by the city.
2.29.120 Public Art on Private Property
Before public art can be placed on private property the Commission shall
determine whether the site is appropriate for public art under the Site
Selection criteria in AMC 2.29.130. If the site is found to be appropriate for
public art. the City shall secure authorization to use and access the private
property where the public art will be located before the acquisition process
for public art is initiated. There shall be a written aQreement or leQal
instrument, QrantinQ the City permission and control of the property so that
the property can be used for public art purposes. includinQ access for
installation. maintenance and removal of the artwork. Public art can then be
acquired for placement on private property by followinQ the process for:
A. Acquisition in AMC 2.29.100. or
B. Gifts and donations in AMC 2.29.110.
2.29.130 Guidelines for recommendation by the Commission
A. Selection Guidelines for Works of Public Art.
1. Quality. The artwork should be of exceptional Quality and
endurinQ value.
2. Site. The artwork should enhance the existinQ character of
the site by takinQ into account scale. color. material. texture.
content. and the social dynamics of the location.
3. History and Context. The artwork should consider the
historical. QeoQraphical, and cultural features of the site, as
well as the relationship to the existinQ architecture and
landscapinQ of the site.
4. Initial Cost. The total cost of the artwork. includinQ all items
related to its installation. should be considered.
5. Maintenance and Durability. The durability and cost to
maintain the artwork should be considered and Quantified.
particularly if the work is servicinQ. repaintinQ. repairinQ or
replacement of movinQ parts.
Page 42 of 49
6. Permanence. Both temporary and permanent art works shall
be considered.
7. Media. All forms of visual media shall be considered,
subiect to any requirements set forth bv city ordinance.
8. Public Liabilitv. The artwork should not result in safety
hazards. nor cause extraordinary liabilitv to the city.
9. Diversitv. The artwork in the Ashland Public Art Collection
should encouraQe cultural diversity.
10. Commercial Aspect. The artwork shall not promote Qoods
or services of adiacent or nearby businesses.
11. Compliance. Artworks shall not violate any federal, state.
or local laws. includinQ specificallv AMC Chapter 18.96.
B. Guidelines for Site Selection.
1. Ownership or Control. Public art should be placed on a site
owned or controlled bv the city. or there should be a written
aQreement or leQal instrument. QrantinQ the City permission to
use the property for public art purposes. includinQ access for
installation. maintenance and removal.
2. Visual Accessibility. Public art should be easilv visible and
accessible to the public.
3. Visual Enhancement. Public art should visuallv enhance the
overall public environment and pedestrian streetscape.
4. Pedestrian Accessibilitv. Public art should experience hiQh
levels of pedestrian traffic and be part of the city's circulation
paths.
5. Circulation. Public art should not block windows.
entrancewavs. roadways or obstruct normal pedestrian
circulation or vehicle traffic.
6. Scale. Public art should not be placed in a site where it is
overwhelmed or competinQ with the scale of the site, adiacent
architecture, larQe siQnaQe. billboards. etc.
2.29.140 Standards for the Ashland Public Art Collection
Page 43 of 49
A. Acquisitions. The followinQ minimum standards and criteria shall
applv to the acquisition of artworks.
1. Artworks may be acquired bv direct purchase. commission,
Qift or any other means.
2. Acquisition, whether bv direct purchase. commission. Qift,
or otherwise. shall occur bv a leqal instrument of conveyance
or other writinQ transferrinQ title of the artwork to the City and
clearlv defininQ the riQhts and responsibilities of all parties.
3. The city shall obtain the riQhts of ownership and possession
without leQal or ethical restrictions on the future use of the
artwork upon final acceptance of the artwork. except where
expresslv provided in the contract with the artist. The artists
shall retain all riQhts and interests in the artwork except for the
riqhts of ownership and possession.
4. The City shall onlv acquire artworks if: 1) the artist warrants
that he will not make a duplicate of the artwork. or permit
others to do so. without written permission bv the City. and 2)
the artist qives permission to the City to make a two-
dimensional reproductions as lonq as all such reproductions
provide the copvriqht svmbol. name of the artist, title of the
artwork. and the date of completion.
5. Complete records. includinQ contracts with artists. shall be
created and maintained for all artworks in the Ashland Public
Art Collection.
B. Removal.
1. The Commission may recommend removal and/or disposal
based on one or more of the followinQ conditions. No public
hearinQ is required for a removal recommendation.
a. The site for an artwork has become inappropriate
because the site is no 10nQer accessible to the public or
the phvsical site is to be destroyed or siQnificantlv
altered.
b. The artwork is found to be forQed or counterfeit.
c. The artwork possesses substantial demonstrated
faults of desiQn or workmanship.
Page 44 of 49
d. The artwork causes excessive or unreasonable
maintenance.
e. The artwork is damaQed irreparably. or so severely
that repair is impractical.
f. The artwork presents a physical threat to public
safety.
Q. The artwork is rarely displayed.
h. A written request for removal has been received from
the artist.
2. Council Removal Process.
a. On its own motion. or followinQ receipt of a
recommendation from the Commission the Council may
remove and dispose of any artwork previously accepted
into the Ashland Public Art Collection in their sole
discretion.
b. Acceptance or placement of donated art by the city
does not Quarantee continuous public display of the
artwork reQardless of physical inteQrity. identity.
authenticity. or physical condition of the site.
c. Removal officially deletes the work from the city of
Ashland Public Art Collection by a relinquishment of
- title to the artwork; thus. eliminatinQ the city's
obliQation to maintain and preserve the artwork.
d. Notwithstandina the above. Artwork shall be disposed
of in accordance with any specific terms for removal
and disposal set forth in the contract with the Artist.
3. Removal and Disposal.
a. The city may donate the artwork to another
Qovernmental entity or a nonprofit orQanization.
b. A work that is deemed to have retained sufficient
monetary value to warrant resale. shall be disposed of
throuQh a public sale. auction. or any other means as
established by city ordinance.
Page 45 of 49
c. Artworks removed from the Ashland Public Art
Collection may be disposed of throuQh any appropriate
means. includinq the city's procedures for the
disposition of surplus property.
C. Borrowinq of Artworks.
1. The Commission may also recommend artworks be
borrowed.
2. With the exception of ownership. the eliQibility. review
criteria. and procedure for borrowed works shall be the same
as those established in this article for acquisition.
3. The borrowinQ of artworks shall be pursuant to written
aQreement between the city and the artist.
4. NothinQ herein prohibits the city from securinQ other works
of art or art exhibitions for display inside its facilities.
2.29.150 Maintenance of the Ashland Public Art Collection
A. Except where expressly provided in a contract or warranty for
public art the city shall be responsible for all maintenance of all
artworks in the Ashland Public Art Collection.
B. Within the limitation of the city budqet the city shall provide
necessary and appropriate maintenance of the Ashland Public Art
Collection. includinQ. but not limited to. reQular custodial care and
landscape maintenance. Maintenance shall be performed in
accordance with any special instructions or procedures necessary
for the preservation of the work.
C. Any evidence of damaQe. deterioration. vandalism or theft of
artworks in the Ashland Public Art Collection shall be immediately
reported to the appropriate City Department. City staff shall keep the
Commission and Council informed of damaQe to City property.
2.29.160 Parks commission
The standards and procedures in this article are in addition to. not in
deroQation of. the Ashland parks commission review responsibilities for
proiects proposed in city parks. Nothinq herein exempts public art proiects
from compliance with all applicable federal. state. and local laws includinQ.
but not limited to. land development reQulations and buildinq code
compliance.
Page 46 of 49
2.29.170 Development of Quidelines
The Commission shall have the ability to establish further quidelines
concerninQ its operations; however. only the criteria and processes of this
ordinance will be leQally bindinQ.
2.29.180 Creation. fundinq and use of Ashland public art account
A. Establishment. The Council hereby establishes a separate
account entitled the Ashland public art account to be reflected in the
city budQet. All funds donated. appropriated or Qenerated for the
purpose of public art acquisition and education shall be deposited in
this account and used solely for such purposes. in accordance with
this article and other applicable law. Funds Qenerated pursuant to
the Commercial Development Fee in lieu established in Chapter 18.
as well as the Transient Occupancy Tax Resolution authorized in
Chapter 4.24. and the Percent for Art dedication in this section shall
all be deposited into the Ashland Public Art Account.
B. Permitted Purposes of Public Art Account. The public art account
shall be used solely for the acquisition. placement. maintenance. and
removal of artworks for inclusion in the Ashland Public Art
Collection and for art education purposes. such as community
outreach presentations and workshops. in accordance with the
provisions of this article and other applicable law.
C. Requirement for Dedication of a Percent for Art. Any city official or
employee who authorizes or appropriates expenditures on behalf of
a participatinQ department for a city proiect shall. to the deqree that
there are eliQible funds. include within the budqet for the project a
monetary contribution for the public art account equal to one-half
percent (0.5%) of the total cost of the proiect.
1. One-half percent (0.5%) of the total cost of a QualifyinQ city
project shall be dedicated to the public art account. Such
funds shall be deposited into the public art account by the city
official or employee actinQ on behalf of the participatinQ
department no earlier than the time that budQeted funds are
encumbered for construction of the city proiect and no later
than final inspection of the completed city project.
2. The participatinQ department shall consider the sitinQ of
public art as part of the desiqn and enQineerinQ phase of any
city project. If costs are incurred by the participatinQ
department to comply with this article requirement prior to
transfer of the one-half percent (.5%) dedication for the city
Page 47 of 49
proiect to the public art account. the participatinQ department
may deduct such costs (not to exceed one-half percent) from
the one-half percent (.5%) dedication at the time such funds
are transferred.
D. Restricted Funds. If fundinQ for a particular city project is subject
to leQal restrictions that preclude public art as an object for
expenditure. the portion of the city project that is funded with the
restricted funds shall be exempt from the dedication requirements of
this article.
E. Phased Projects. As a Qeneral rule. where a city project will be
constructed in phases. the one-half percent (0.5%) dedication shall
be applied to the estimated total cost of each phase of the city
proiect at the time that funds for the phase are appropriated and
encumbered. However. nothinq in this section prevents the Council
from decidinQ to hold or set aside all or part of the entire dedication
from the funds of a particular phase. as the Council deems
appropriate. In determininQ when to hold or set aside the funds for a
phased proiect. the city will consider an overall public art plan for the
project to ensure that art is not located on a piecemeal basis with
phase construction.
F. Monetary contributions for public art shall be deposited in
separate accounts within the public art account if separate
accountinQ is deemed appropriate by the Administrative Services
Director (Finance) or is required by law.
G. Monetary contributions or appropriations made other than
throuqh the percent for art prOQram shall be deposited in the public
art account and may be dedicated to or earmarked for a specific
education prOQram or work of art. subiect to acceptance by the
Council.
H. Disbursements from the public art account shall be made only
after authorization of the City Administrator or the Administrative
Services Director (Finance). and shall be made accordinQ to this
article and other applicable city ordinances. includinQ but not limited
to the public contractinQ code (AMC Chapter 2.50).
I. The Council may adopt by resolution case specific waivers or
Quidelines for administration of the percent for art PrOQram.
includinQ case-by-case waivers of the required dedication set forth
herein based on the availability of public funds. as well as any other
matters not specifically addressed herein and appropriate or
necessary to the administration of the proQram.
Page 48 of 49
SECTION 19. Severability. The sections, subsections, paragraphs and clauses
of this ordinance are severable. The invalidity of one section, subsection,
paragraph, or clause shall not affect the validity of the remaining sections,
subsections, paragraphs and clauses.
SECTION 20. Codification. Provisions of this Ordinance shall be incorporated
in the City Code and the word "ordinance" may be changed to "code", "article",
"section", "chapter" or another word, and the sections of this Ordinance may be
renumbered, or re-Iettered, provided however that any Whereas clauses and
boilerplate provisions (i.e. Sections 1, 14-17, 19 and 20) need not be codified and
the City Recorder is authorized to correct any cross-references and any
typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2009,
and duly PASSED and ADOPTED this day of , 2009.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 49 of 49
Council Rules - Sections 9-11
Review by Subcommittee on Commissions
Submitted by David Chapman - May 28, 2007
From Draft Council Rules to be reviewed by Committee on Commissions
(No'te: Section 9 and Section II reflect changes identified by Rules Committee
November 28, 2006. Rules Committee requests Committee on Commissions to review
Section 10)
Original document sent by Ann Seltzer on 5/1/2007:
5 1 07 Council Rules to be Reviewed
Notes:
I. References include Ann's draft, earlier drafts, and Council Rules and Procedures
from the cities of Ashland, Springfield, Eugene, Corvallis, Gresham and
Newburg.
2. We must make the cases of Mayor, Council, chair, presiding officer and City
consistent throughout the document.
3. I have not overcome the assistance of MS Word and this needs to be formatted
consistent with Ann's Draft
4. Check references to ORS and AMC.
********************************************************************
9. COMMISSIONS, COMMITTEES and BOARDS
The City has established several commissions, committees and boards as a means of
providing detailed study, action and recommendations. Citizens who serve with these
organizations become more involved in local government, more informed and serve
as advisors to the City. They are a valuable resource to Ashland's leadership and
should be treated with appreciation and respect.
9.1 Establishing commissions, committees or boards
Commissions, committees and boards originate from different sources. Some are
established by State statute, Charter provision, or ordinance. Others are established by
direction of the Mayor or the Council. It is Council discretion as to whether or not
any advisory body should be set forth in the Code by ordinance. AMC ??? contains
code common to all commissions. A Commission Template will be used to generate _
an ordinance with information specific to the new commission to be adopted.
9.2 Council Ad-hoc Committees
The Mayor shall have the authority to form ad-hoc committees to deal with specific
tasks within specific time frames and make recommendations to the Council. The
Mayor or City Administrator may refer matters to the appropriate committee. The
Mayor with the consent of the Council shall establish the tasks and the membership
criteria for the committees. . The reports of the ad-hoc committee shall only have the
authority of recommendations to the Council. The Council has the authority to follow
the recommendations, change the recommendations, refer the matter back to the
committee or take any action it sees fit.
9.3 Membership Appointments
All committees not required by State law to be appointed by the Council shall be
appointed by the Mayor with the consent of the Council, except for the Audit
Committee (Resolution 2003-07). The Mayor may request assistance or
recommendations from Councilors in making appointments. In the Mayor's absence,
any necessary appointment may be made by the presiding officer with the consent of
the Council. Broad citizen participation will be encouraged by limiting the number of
terms that a member may serve. A citizen may not serve on more than two
commissions simultaneously and may not be Chair of both. The terms of all members
shall be three years and end on April 30.
9.4 Membership on Ashland Budget Committee
For the purpose of local budget law, the Mayor is a member of the governing body of
the City of Ashland. (AMC 2.04.140) and is a voting member of the budget
committee.
9.5 Student Membership on Commission and Committees
The Mayor with the consent of the Council may add to the membership of any city
commission, up to two positions for student liaisons, whether such commission or
committee was established by ordinance or resolution. The student liaisons shall be
non-voting ex officio members of their respective commissions or committees. Once
the liaison positions have been added, the liaison from the high school shall be a high
school student chosen by the Ashland High School Leadership class and the liaison
from the university shall be a university student chosen by the Associated Students of
Southern Oregon University Student Senate. The requirement of sections 2.04.080
and 2.04.081 shall not apply to the students chosen under this section.
9.6 Membership Removal Process
Upon consensus of the Council, a citizen may be removed prior to the expiration of
the term of the appointment. Notice of removal to the affected member shall be
handled with respect and courtesy. If a member resigns or is removed, the Mayor
shall appoint a replacement for the remainder of the term as described in 9.3
9.7 Changing or Dissolving a Commission, Committee or Board
After the commission, committee or board has been formally announced they cannot
be changed except at a regular meeting of the Council and by a majority vote of the
members present. (AMC 2.04.080, 2.04.081)
10 OPERATING POLICIES and PROCEDURES COMMISSIONS, COMMITTEES
and BOARDS
As commissions, committees and boards have been formed and reformed throughout
the years, adoption of uniform rules of procedure has become necessary to assure
maximum productivity. The following policies govern the City's commissions,
2
_ committees and boards. Some of these advisory groups may have more specific
guidelines set forth by ordinance, resolution, by-laws or at times state law.
10.1 Public Meeting Law
All meetings of commissions, committees and boards are subject to public meeting
laws of the State of Oregon.
10.2 Robert's Rules of Order
Roberts Rules of Order shall be authority for the government of the commissions
committees and boards during its sessions, when not in conflict with the city charter
and these code rules. Failure to strictly follow Roberts Rules of Order shall not be
cause to void or otherwise disturb a decision or action. The body will strive to be
clear in its proceedings.
10.3 Deliberation
It is the duty of the chair or presiding officer to ensure that each member has the
opportunity to speak. Members speak only for themselves and shall be open, direct
and candid. They work to keep discussion moving, and call upon the chair to keep
the discussion moving if the discussion becomes bogged down. No member shall
speak more than once until every member choosing to speak shall have spoken or
waived their right to do so. No member shall speak more than twice on the same
motion without leave of the presiding officer.
10.4 Agendas and Minutes
The chair or staff liaison will be responsible for the agenda of all meetings of
commissions, committees and boards. A member or staff liaison will be responsible
for taking minutes. Agendas and minutes will be posted on the city's web site.
Members are encouraged to access those documents from the web site. Unless
requested by members, staff will not mail the documents.
10.5 Absences
I f a member will be absent from a meeting the member will notify the chair or the
staff liaison at least two hours prior to the meeting. Each ordinance and resolution
specific to the commission details the number of permitted absences before removal
is considered. If there is a scheduling problem, a member should request to be
replaced out of respect for the other members. With the exception of the Audit
Committee, appointees can be removed by the Mayor, with consent of the council for
any reason. Planning commissioners may be removed for cause after hearing by city
council for misconduct or non-performance of duty. (ORS227.030 and AMC
2.12.035)
10.6 Quorum
A quorum for conducting business is a majority of the total membership, A majority
of the quorum is necessary to adopt any motion. Membership need not be physically
present at a meeting if another meeting format including conference calls, virtual
meetings via the Internet etc. has been previously agreed to by the group.
3
10.7 Code of Ethics
The City of Ashland is committed to the highest ethical standards for its public
officials. To ensure public confidence, all members of commissions, committees and
boards must be independent, impartial, responsible and not use their position for
personal gain. Members of should be aware the codes of ethical conduct set forth by
the state and the city in ORS244.040 and in AMC 3.08.020.
10.8 Lobbying
Unless specifically directed by the city council to state the city's official position on
federal, state or county legislative matters, no lobbying before other elected bodies or
committees will be undertaken by members of boards commissions or committees.
An individual is free to voice a position on an issue as long as it is made clear that the
speaker is not speaking as a representative of the city or as a member of a board,
commission or committee.
10.9 Goals
Commissions, committees and boards are encouraged to establish annual goals and
action items that reflect the group's charge as stated in the specific commission
ordinance or resolution. They are expected to suggest, support and advance Council
goals and are encouraged to look for ways within their own unique responsibilities to
do so.
10.10 Role of Staff
At least one staff person is assigned to work with each Commission, Committee or
Board. The staffliaison provides professional guidance, continuity, and insight into
City policy and attends all commission meetings. The staff liaison supports the group
as a whole and cannot do work at the request of individual members. Each staff
liaison has a limited amount of time to devote to the group. If additional staff time is
needed the request should be made to the City Administrator or appropriate
Department Head.
10.1 I Final Decision Making
With the exception of the quasi-judicial body commissions, committees and boards
are advisory to the council. The city council is the final decision-maker on all city
policies and the use of city resources.
10.12 Number of Meetings
Unless otherwise provided by law, the number of meetings related to business needs
of the commission, committee or boards may be set by the individual body.
10.13 Notice
Advance notice of at least 36 hours shall be provided for all meetings. Notice shall
be sent to a newspaper with general local circulation and posted on the city's website.
In the case of emergency or when a state of emergency has been declared, notice
4
Council Rules - Sections 9-11
Review by Subcommittee on Commissions
Submitted by David Chapman - May 28, 2007
From Draft Council Rules to be reviewed by Committee on Commissions
(Note: Section 9 and Section 11 reflect changes identified by Rules Committee
November 28, 2006. Rules Committee requests Committee on Commissions to review
Section 10)
Original document sent by Ann Seltzer on 5/1/2007:
5 I 07 Council Rules to be Reviewed
Notes:
I. References include Ann's draft, earlier drafts, and Council Rules and Procedures
from the cities of Ashland, Springfield, Eugene, Corvallis, Gresham and
Newburg.
2. We must make the cases of Mayor, Council, chair, presiding officer and City
consistent throughout the document.
3. I have not overcome the assistance of MS Word and this needs to be formatted
consistent with Ann's Draft
4. Check references to ORS and AMC.
********************************************************************
9. COMMISSIONS, COMMITTEES and BOARDS
The City has established several commissions, committees and boards as a means of
providing detailed study, action and recommendations. Citizens who serve with these
organizations become more involved in local government, more informed and serve
as advisors to the City. They are a valuable resource to Ashland's leadership and
should be treated with appreciation and respect.
9.1 Establishing commissions, committees or boards
Commissions, committees and boards originate from different sources. Some are
established by State statute, Charter provision, or ordinance. Others are established by
direction of the Mayor or the Council. It is Council discretion as to whether or not
any advisory body should be set forth in the Code by ordinance. AMC ??? contains
code common to all commissions. A Commission Template will be used to generate
an ordinance with information specific to the new commission to be adopted.
9.2 Council Ad-hoc Committees
The Mayor shall have the authority to form ad-hoc committees to deal with specific
tasks within specific time frames and make recommendations to the Council. The
Mayor or City Administrator may refer matters to the appropriate committee. The
Mayor with the consent of the Council shall establish the tasks and the membership
criteria for the committees. . The reports of the ad-hoc committee shall only have the
authority of recommendations to the Council. The Council has the authority to follow
the recommendations, change the recommendations, refer the matter back to the
committee or take any action it sees fit.
9.3 Membership Appointments
All committees not required by State law to be appointed by the Council shall be
appointed by the Mayor with the consent of the Council, except for the Audit
Committee (Resolution 2003-07). The Mayor may request assistance or
recommendations from Councilors in making appointments. In the Mayor's absence,
any necessary appointment may be made by the presiding officer with the consent of
the Council. Broad citizen participation will be encouraged by limiting the number of
terms that a member may serve. A citizen may not serve on more than two
commissions simultaneously and may not be Chair of both. The terms of all members
shall be three years and end on April 30.
9.4 Membership on Ashland Budget Committee
For the purpose oflocal budget law, the Mayor is a member of the governing body of
the City of Ashland. (AMC 2.04.140) and is a voting member of the budget
committee.
9.5 Student Membership on Commission and Committees
The Mayor with the consent of the Council may add to the membership of any city
commission, up to two positions for student liaisons, whether such commission or
committee was established by ordinance or resolution. The student liaisons shall be
non-voting ex officio members of their respective commissions or committees. Once
the liaison positions have been added, the liaison from the high school shall be a high
school student chosen by the Ashland High School Leadership class and the liaison
from the university shall be a university student chosen by the Associated Students of
Southern Oregon University Student Senate. The requirement of sections 2.04.080
and 2.04.081 shall not apply to the students chosen under this section.
9.6 Membership Removal Process
Upon consensus of the Council, a citizen may be removed prior to the expiration of
the term of the appointment. Notice of removal to the affected member shall be
handled with respect and courtesy. If a member resigns or is removed, the Mayor
shall appoint a replacement for the remainder of the term as described in 9.3
9.7 Changing or Dissolving a Commission, Committee or Board
After the commission, committee or board has been formally announced they cannot
be changed except at a regular meeting of the Council and by a majority vote of the
members present. (AMC 2.04.080, 2.04.081)
10 OPERATING POLICIES and PROCEDURES COMMISSIONS, COMMITTEES
and BOARDS
As commissions, committees and boards have been formed and reformed throughout
the years, adoption of uniform rules of procedure has become necessary to assure
maximum productivity. The following policies govern the City's commissions,
2
committees and boards. Some of these advisory groups may have more specific
guidelines set forth by ordinance, resolution, by-laws or at times state law.
10.1 Public Meeting Law
All meetings of commissions, committees and boards are subject to public meeting
laws of the State of Oregon.
10.2 Robert's Rules of Order
Roberts Rules of Order shall be authority for the government of the commissions
committees and boards during its sessions, when not in conflict with the city charter
and these code rules. Failure to strictly follow Roberts Rules of Order shall not be
cause to void or otherwise disturb a decision or action. The body will strive to be
clear in its proceedings.
10.3 Deliberation
It is the duty of the chair or presiding officer to ensure that each member has the
opportunity to speak. Members speak only for themselves and shall be open, direct
and candid. They work to keep discussion moving, and call upon the chair to keep
the discussion moving if the discussion becomes bogged down. No member shall
speak more than once until every member choosing to speak shall have spoken or
waived their right to do so. No member shall speak more than twice on the same
motion without leave of the presiding officer.
10.4 Agendas and Minutes
The chair or staffliaison will be responsible for the agenda of all meetings of
commissions, committees and boards. A member or staff liaison will be responsible
for taking minutes. Agendas and minutes will be posted on the city's web site.
Members are encouraged to access those documents from the web site. Unless
requested by members, staff will not mail the documents.
10.5 Absences
If a member will be absent from a meeting the member will notify the chair or the
staff liaison at least two hours prior to the meeting. Each ordinance and resolution
specific to the commission details the number of permitted absences before removal
is considered.. If there is a scheduling problem, a member should request to be
replaced out of respect for the other members. With the exception of the Audit
Committee, appointees can be removed by the Mayor, with consent of the council for
any reason. Planning commissioners may be removed for cause after hearing by city
council for misconduct or non-performance of duty. (ORS227.030 and AMC
2.12.035)
10.6 Quorum
A quorum for conducting business is a majority of the total membership. A majority
of the quorum is necessary to adopt any motion. Membership need not be physically
present at a meeting if another meeting format including conference calls, virtual
meetings via the Internet etc. has been previously agreed to by the group.
3
10.7 Code of Ethics
The City of Ashland is committed to the highest ethical standards for its public
officials. To ensur~ public confidence, all members of commissions, committees and
boards must be independent, impartial, responsible and not use their position for
personal gain. Members of should be aware the codes of ethical conduct set forth by
the state and the city in ORS244.040 and in AMC 3.08.020.
10.8 Lobbying
Unless specifically directed by the city council to state the city's official position on
federal, state or county legislative matters, no lobbying before other elected bodies or
committees will be undertaken by members of boards commissions or committees.
An individual is free to voice a position on .an issue as long as it is made clear that the
speaker is not speaking as a representative of the city or as a member of a board,
commission or committee.
10.9 Goals
Commissions, committees and boards are encouraged to establish annual goals and
action items that reflect the group's charge as stated in the specific commission
ordinance or resolution. They are expected to suggest, support and advance Council
goals and are encouraged to look for ways within their own unique responsibilities to
do so.
10.10 Role of Staff
At least one staff person is assigned to work with each Commission, Committee or
Board. The staff liaison provides professional guidance, continuity, and insight into
City policy and attends all commission meetings. The staff liaison supports the group
as a whole and cannot do work at the request of individual members. Each staff
liaison has a limited amount of time to devote to the group. If additional staff time is
needed the request should be made to the City Administrator or appropriate
Department Head.
10.11 Final Decision Making
With the exception of the quasi-judicial body commissions, committees and boards
are advisory to the council. The city council is the final decision-maker on all city
policies and the use of city resources.
10.12 Number of Meetings
Unless otherwise provided by law, the number of meetings related to business needs
of the commission, committee or boards may be set by the individual body.
10.13 Notice
Advance notice of at least 36 hours shall be provided for all meetings. Notice shall
be sent to a newspaper with general local circulation and posted on the city's website.
In the case of emergency or when a state of emergency has been declared, notice
4
appropriate to the circumstances shall be provided and reasons justifying the lack of
36-hour notice shall be included in the minutes of such meeting.
10.14 Representing the Commission, Committee or Board
Members should only represent the opinion or position of the group if authorized by
the full membership.
10.15 Budget
Money is set aside in department budgets for commission expenses. Should a
commission require additional funds, requests should be submitted to the department
head through the staff liaison.
10.16 Expenses
Members must receive permission and instructions from the staff liaison in order to
be reimbursed for training or conferences and associated travel expenses related to
committee business.
10.17 Committees
Committees may be formed for the purpose of gathering information and forming a
recommendation and brought forward to the full committee. However, only the full
membership can vote on and accept the recommendation. Committees must meet the
requirements of the Oregon Public Meetings law.
11 COUNCIL LIAISONS
Councilors serve as liaisons to commissions, committees, boards, community
organizations and other agencies and are expected to represent the full Council in
providing guidance to the group. In all other instances council members may attend
meetings as individuals and will identify their comments as personal views or
opinions not a representation of city council policy.
11.1 Role and Responsibilities of Council Liaisons
The primary role of a Council committee liaison is to facilitate communication
between the relevant organization and the Council.
11.2 Attendance
Liaisons shall attend meetings of the committees for which they have assigned. rfthis
becomes a problem, they should find an alternate or ask the Mayor to be reassigned.
11.3 Deliberations
Complete debate is essential to committee effectiveness. Thus, Council liaisons may
wish to limit his or her participation in a committee's deliberations and debate. Under
no circumstances is a liaison to attempt to direct debate, lobby, or otherwise influence
the direction or decisions of any committee to which he or she has been assigned.
Any attempt to do so may result in removal from the liaison position. Note that the
prohibition on lobbying and directing debate may not apply when the liaison is
5
representing the city on a regional committee that includes elected officials from
other jurisdictions.
11.4 Respect
Be respectful of diverse opinion. A primary role of committees is to represent many
points of view in the community and to provide the Council with advice based on a
full spectrum of concerns and perspectives.
Be respectful of the Chair and the agenda. Councilors attending meetings as liaisons
or individuals should accord the same respect toward the Chair and other members as
they do towards the Mayor, presiding officer or each other.
11.5 Council Information
Liaisons will inform the committees to which they have been appointed liaison of all
meeting agenda items and of Council decisions that may be of interest to the
committee. Liaisons shall also encourage committee members to attend Council
meetings to keep abreast of Council action, policy matters and the activities of the
city organization.
11.6 Vacancies
The Council liaison for each commission, together with the commission chair and
assigned staff liaison will interview citizens to fill vacancies on their committees and
will make recommendations to the Mayor for appointment.
11.7 Reporting to the Council
Council liaisons shall periodically report to the entire Council on significant and
important activities of each committee to which they have been assigned. In addition,
each commission should be scheduled to give a short annual presentation to the
Council. Liaisons may seek assistance from the relevant staff liaison to accomplish
this reporting responsibility.
11.8 Liaison Appointment Process
The Mayor will appoint a Councilor to act as a Council liaison to all commissions,
committees, boards, community organizations and other agencies for which
participation of an elected official from the City of Ashland is determined to be
necessary or beneficial to the City. Councilors interested in a particular subject area
should inform the Mayor of their interest and the Mayor should take the expression of
interest and/or a Councilor's preference into account when making appointment
decisions. Liaison appointments are generally made on an annual basis in January and
the Mayor shall make every effort to rotate liaison assignments.
11.9 Removal from a Liaison Assignment
The Mayor or a Councilor may be removed for any reason from a specific liaison
position or assignment upon consensus of the entire Council.
6
Page 1 of 1
Diana Shiplet - [Council_business) Agenda Item Request
From:
To:
Date:
Subject:
CC:
Attachments:
Russ Silbiger <russ@council.ashland.or.us>
Martha Bennett <bennettm@ashland.or.us>
10/13/2009 10: lOAM
[Council business] Agenda Item Request
Council Business <Council_ Business@ashland.or.us>
Tax-Settlement-Attachments.pdf; Part.003
Martha,
I am requesting an agenda item in regards to the following:
On March 31. 2005 the owners of Geppetto's signed an agreement in regards to payment of Food and Beverage
Taxes.
http://www.ashland.or.us/Page.aspmavID=8356
This agreement was approved by the City Council on April 5, 2005.
One of the terms was that they agree to remain current on all Food and Beverage payments coming due from the
date of the agreement for a period of five years
Not doing so would put them in default of the agreement and all monies owed would be due and payable.
From the information publicly released yesterday, it would appear they are in default of the agreement.
I am requesting the City Council meet in the appropriate setting to discuss with staff the options we have and the
direction City Council wishes to provide to staff.
Attached is the agreement.
Thank you,
Russ Silbiger
Ashland City Councilor
russ@council.ashland.or.us
541-482-6907
This email is subject to Oregon public records law for disclosure and retention.
file:! /C:\Documents and Settings\shipletd\Local Settings\ Temp\XPGrp Wise\4AD45220AshDomAshPO 1 0... 10/14/2009
TAX OBLlGA nON SETfLEMENT AGREEMENT
BETWEEN, MacRoth, IDe., an Oregon Corporation dba Geppetto's, and Ronald
Roth and Kathleen MacMichael, individual shareholders and officers
of MacRoth, Inc., Geptoo, Ine, and Oregon Corporation dba 1.laza
Cafe, and Ronald Roth, Kathleen MacMichael and Mark Rosenkranz,
individual shareholders and officers of Geptoo, Inc., hereinafter
cOllectively referred to as "Taxpayers"
AND The City of Ashland, an Oregon Municipal Corporation, hereinafter
referred to as "City."
DATED This.JL day .fMarch, 200S.
Premises:
I. Taxpayers operate two local restaurants within the City of Ashland.
2. City imposes a tax on the sale of prepared foods and beverages.
3. Kathleen MacMichael suffered an accidental injury to her knee in March
2001, that resulted in fmancial hardship for Taxpayer.;.
4. As a result of the financial hardships, Taxpayers have been delinquent in
payment
5. Prior to January 6,2004, payments received were applied first to outstanding
penalties and interest, then to the underlying taxes. This would result in
continued delinquencies and the additional imposition of penalties unless a
covered entity paid all delinquent taxes, penalties in interest in full.
6. On January 6, 2004, the City of Ashland adopted Ordinance No. 2903, which
changed the Ashland Municipal Code to allow a covered entity to make period
specific payments, thus limiting the penalties to only those periods in which a
covered entity did not pay their tax on time.
7. Taxpayers currently have outstanding, unsatisfied judgments with a balance as
of January 31, 2005 as follows:
a. Geppetto's
b. Plaza Cafe
$22,721.24
$15,860.52
In addition, taxpayers are currently delinquent on the following periods with
amounts current to January 31, 2005 for which suit has been filed:
Settlement Agreement
G:\legal\Mike\Food" BevengeTu:\TAX OBUGATION SETTLEMENT AGREEMENT.I.doe
Page-I
a. Geppetto's April 2004 $2,916.81
Oct/Nov 2004 $ 750.25
b. Plaza Cafe Mar/Apr 2004 $3,195.38
August 2004 $2,706.67
SepVOct 2004 $4,002.46
Also in addition, Taxpayers have not paid the food and beverage tax for the
months of November 2004 and December 2004 for the Plaza Cafe. Taxpayer
has submitted returns for the tax due for these periods of$397.83 for the
month of November 2004 and $831.29 for the month of December 2004.
8. Since the accident in 2001, Taxpayers have incurred latc penalties on
delinquent food and beverage tax payments that have either been paid,
included in a court judgment against Taxpayers or are still owing in the
following amounts:
a. Geppetto's $12,879.65
b. Plaza Cafe $ 4,697.72
9. Taxpayers desire to propose a settlement to take care of the outstanding taxes,
penalties and interest.
NOW THEREFORE, THE PARTIES AGREE
1. The premises are deemed true and are herein incoIpOrated by reference.
2. So long as Taxpayers comply with the terms and conditions of this agreement,
City agrees to stay collection of an amount equivalent to the total amount of
penalties assessed against Geppetto's and Plaza Cafe for a period of five years
from the dale hereof.
3. So long as Taxpayers comply with the terms and conditions of this agreement,
City agrees to slay collection of $1,900.00 for a period of five years from the
date hereof. Said amount is an estimated adjustment to acoommodate some
periods in which estimates of taxes owed for particular tax periods may have
exceeded the actual amount of taxes collected for those periods
4. In the event that Taxpayers fulfill all of the terms and conditions of this
agreement, at the end of the five year term of this agreement, City will forgive
the deferred collection amounts set forth in paragraphs 2 and 3 above.
5. After the deferral of the amounts set forth in paragraphs 2 and 3 above,
Taxpayers still owe $33,905.08 in unpaid taxes and interest. This amoWlt
shall hereinafter be referred to as the base amount. Taxpayers agree to pay the
base amount with interest at the rate of three fourths of one percent (0.75%)
per month as follows:
Settlement Agreement
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a. In the event Taxpayers sell the Plaza Cafe, Taxpayers shall, from the
proceeds ofthe sale, pay the total outstanding base amount plus any
accrued interest within 15 days of the date the sale closes.
b. Until such time as the Plaza Cafe is sold, if at all, Taxpayers agree to pay
the base amount plus accrued interest, by making payments as follows:
$703.81 per month, beginning July i, 2005, until all amounts, including
principal and interest are paid. Payments shall be applied first to accrued
interest, then to the principal amount. There shall be no penalty for early
. payments. Any full payments received early may be used to offset future
payments due.
6. To secure Taxpayer's obligation to comply with the terms and provisions of
this agreement, Taxpayers agree to execute a mortgage in the favor of the City
of Ashland against the real property located at 7024 Old Highway 99 South,
Ashland, Oregon, Township 40 South, Range 2 East of the Willlll1lette
Meridian, Section 20, Tax Lot 800, more particularly described in the attached
Exhibit A and hereinafter referred to as the "Security Property." When all
obligations under the terms of this agreement have been paid, City will
execute a release of mortgage for the Security Property.
7. Taxpayers agree to remain current on all Food and Beverage Tax payments
coming due from the date of this agreement for a period five years from the
date hereof for both Geppetto's and Plaza Cafe. In the event Taxpayers sell
either/or both restaurants and retain no ownership interest, either individually
or corporately, Taxpayers shall be excused from compliance with this
paragraph for the particular restaurant sold for any tax reporting periods after
the date of the sale.
8. Time is of the essence in this agreement.
9. In the event Taxpayers default on any of Taxpayers' obligations pursuant to
the terms and conditions of this agreement, all swns due and'owing under this
agreement, including the amounts deferred under paragraphs 2 and 3, shall
become immediately due and payable and the City may pursue any remedies
under this agreement, at law, or in equity to col1ect such swns.
10. In the event the,City must file suit in a court oflaw due \0 a default ill the
payment or performance of any of its tenus, the defaulting party shall pay, the
prevailing party's actual fees and expenses together with reasonable attorney
fees. .
11. 11ris agreement shall be governed and interpreted in accordance to the laws of
the State of Oregon.
Settlement Agreement
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12. All remedies under this Agreement are cumulative and not exclusive. Any
election to pursue one remedy shall not preclude the exercise of any other
remedy. No delay or omission in exercising any right or remedy shall impair
the full exercise of that or any other right or remedy or constitute a waiver of
the default. The tenns and conditions of this agreement may only be waived
in writing, signed by the party waiving. Any waivcr of any default in any
term or condition shall not be construed to be a waivcr of any additional
defaults of that term or condition or of any other term or condition of this
agreement
IN WITNESS WHEREOF, the parties hereby agree.
City of Ashland
John W. Morrison, Mayor
STATE OF OREGON
COUNfY OF JACKSON
TAXPAYERS
~-4 i-- 1---
, Ronald Roth
k~~~
Kathleen MacMichael .
;tb~~~g~
Marl< Rosenkranz
Ro
OFFICIAl SEAl
o FENSTERMAKER -
/ NOTARY PUBLIC OREGON
. COM~"aION NO 377699
lIlY COWWISSIOH UPlRES FEBRUARY 23. 2005
lbis instrument was acknowledged before me on .3 - .3 1- 0 5 by
~ ;:g;~
My commission expires:
STATE OF OREGON )
COUNTY OF JACKSON )
TIlls instrument was acknowledged before me on .3 ~ 31- D.s
Kathleen MacMichael.
(i) OFFICI.&.l SEAl
.. 0 FENSTERMAKER
; NOTARY PUBLIC OREGON
. - · ~ COMMISSION NO 371699
WY COMMI8&ION EXf'lRES FE8RUMlY 23. 2008
by
.-
~~
Pub IC for Oregon
M ~mmission expires:
Settlement Agreement
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Iif:
~
STATE OF OREGON )
COUNTY OF JACKSON )
This instrument was acknowledged before me on P\v~~ JI ZQ,J'>-by
Mark Rosenkranz.
_OFFICIAL SEAL
JANET SMITH
.-- i NOTARY PUBlIC . OREGON
" COMMISSION NO. 380669
MY COMMISSION EXPIRES .AJl Y 17. 2008
~..~t1{d{
~:;;;-u~lic for Oregon
My commission expires: 7-1 ?-J f
lFFlClAL SEAl
IANET SMITH
.., PUBUC. OREGON
'IISSION NO. 390669
EXPIAESJlILV17,2008
Settlement Agreement
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EXIIIBIT A
A parcel of Property in Jackson County Oregon more particularly described as:
Beginning at the Northeast corner of the North Half of the Southeast Quarter of Sec. 20,
Twp. 40 South, Range 2 East of the W.M., in JCO: thence
South on the East line of said Section, 808 feet to the center line of the Pacific
Highway; thence following courses and distances down said center line,
North 700 21' West 64 feet; thence
North 8So 02' West 253 fcet; thence on the arc ofa 36 degree curve to the right,
the chord of which curve bears
North 330 42' West 235.3 feet; thence leaving the Pacific Highway
North 370 42' West 753 feet to the North line of said North Half of the Southeast
Quarter; thence
East 860 feet, more or less, to the point of beginning.
EXCEPTING therefrom the following described premises, to-wit: Beginning at a point
on the East and West center line of Sec. 20, Twp. 40 South, Range 2 East of the W.M., in
lCO, said point being 295 feet west of the East Quarter comer of said Section 20; said
point also being 100 feet distant Southeasterly from (when measured at right angles to)
the relocated center line of the Pacific Highway at Engineer's Station 519+32.6; thence
South 360 19 feet East, a distance 000 feet; thence
South 530 41' West, parallel to and 130 feet distant from said center line, a
distanceofl67.4 feet; thence
North 360 19' Wes~ a distance 000 feet; thence
South 530 41' West, parallel to and 100 feet distant from, said center line a
distance of282.3 feet to the Southwesterly line of said property; said point being opposite
and 100 feet distant from Engineer's Center Station 523+82.3; thence
North 370 42' Wes~.a1ong said property line, a distance of 330.8 feet to the
Northwest comer of said property; thence
South 890 32' East along the North line of said property, 564.6 feet to the point of
beginning, being land described in Vol. 210, page 406,. Deed Records of JCO.
Settlement Agreement
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