The URL can be used to link to this page

Home My WebLink About2010-0105 Council Mtg PACKET CITY OF ASHLAND AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL January 5, 2010 Council Chambers 1175 E. Main Street 6:00 p.m. Executive Session for Performance Evaluation of a Public Employee pursuant to ORS 192.660(2)(i) 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. STATE OF THE CITY ADDRESS BY MAYOR STROMBERG V. CHAIR OF COUNCIL ELECTION VI. MAYOR'S ANNOUNCEMENTS VII. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? [5 minutes] 1. Executive Session of December 14, 2009 2 Regular Council of December 15, 2009 VIII. SPECIAL PRESENTATIONS & AWARDS 1. Proclamation of Christmas Tree Recycle Day in Ashland IX. CONSENT AGENDA [5 minutes} 1. Does the Council accept the Minutes of Boards, Commissions, and Committees? 2. Does the Council wish to approve a Liquor License Application from Gretchen Boylan dba Gretchen's Organic Pasta, Inc. at 1606 Ashland Street? 3. Does the Council wish to approve a Liquor License Application from Julie O'Dwyer dba T's at 303 East Main Street? 4. Will the Council, acting as the Local Contract Review Board, approve a Public Contract for a copier rental, including full maintenance, with'Ricoh under the State of Oregon Price Agreement #8618 for a term of 48-months? 5. Does the Council wish to confirm the Mayor's appointment of Gary Pool to the Forest Lands Commission with a term to expire April 30, 2010? 6. Does the Council wish to enter into an intergovernmental agreement with the City of Medford to obtain interim Building Official services? COlJNClLMEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US 7. Does the Council approve of the Mayor's appointments to the Citizen Committee on Public Safety General Obligation Bond Levy? 8. Will the Council, acting as the Local Contract Review Board, approve a Special Procurement to award a contract to Professional Underground Services, Inc. to underground power facilities at exit 14 as an Intermediate Procurement? 9. Will the Council, acting as the Local Contract Review Bard, approve the additional amount estimated between $15,000 and $25,000 for engineering services required to remedy the conflicts between the power facilities and l5/Exit 14 bridge expansion project? X. 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}) 1. Should the Council approve a request to annex a 1.02 acre parcel located at 615 Washington Street and change its Zoning Map designation from Jackson County RR- 5 (Rural Residential) to City of Ashland E-1 (Employment)? [30 Minutes] XI. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] XII. UNFINISHED BUSINESS 1. Should the Council approve Second Reading of an ordinance titled, "An Ordinance Amending Ashland Municipal Code 10.44.012 and 10.44.020, Relating to Public Nudity and Penalties? [30 Minutes] XIII. NEW AND MISCELLANEOUS BUSINESS 1. Will the Council amend the Downtown Sidewalk Usage Map adding an additional site for one newspaper rack location in front of Louie's Bar & Grill? [30 Minutes] '. XIV. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Should the Council approve First Reading of an Ordinance .amending Council Rules Chapter 2.04.090, 2.04.100 and 2.04.110 to add Council Rules relating to commissions and liaisons. and move the ordinance on to Second Reading"? [10 Minutes] 2. Should the Council approve First Reading of an Ordinance providing for uniform policies and operating procedures for advisory commissions, committees and boards? [10 Minutes] XV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Housing Commission XVI. ADJOURNMENT In compliance with the Americans with Disabitities Act. if you need special assistance to participate in this meeting. please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibifity to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE errv OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US ASHLAND CITY COUNCIL MEETING December 15. 2009 Page I 0[8 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 15, 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 provided statistics on how children with family deployed in the Infantry Battalion of the 41" Brigade Combat Team of the Oregon National Guard (1/186) were handling the separation and readjustment and noted that it was particularly hard for the girls in the families dealing with relatives returning home. He explained that an agenda item regarding the Ashland Forest Resiliency (AFR) update had been added to end of the agenda. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Study Session of November 30,2009, Executive Session of December 1,2009 and Regular Council of December 1, 2009 were approved as presented. SPECIAL PRESENTATIONS & A WARDS Mayor Stromberg read a speech from Human Resource Assistant Sonja Ackerman noting highlights of Director of Electric Utilities Dick Wanderscheid's life and acknowledging his 30 years of service to the City and presented him with a retirement plaque. Mr. Wanderscheid made a brief speech expressing his appreciation working with the City. Mayor Stromberg announced vacancies on the Tree Commission, Conservation Commission, Housing Commission, Forest Lands Commission and Planning Commission. CONSENT AGENDA 1. Will Council approve the minutes of the Boards, Commissions, and Committees? 2. Does Council wish to approve a Liquor License Application from Robert Dreiszus dba Beau Club/Geppetto's at 347 E Main Street? 3. Does Council wish to approve a Liquor License Application from Jeremy Vidalo dba Loft "American Brasserie & Bar" at 18 Calle Guanajuato? 4. Will Council approve an exemption to the Ashland Sign Code as requested by the Oregon Shakespeare Festival to install a banner across the Pioneer Street right-of-way between February and October of 2010 in celebration of the 75th anniversary of the festival? Councilor Chapman/Jackson m/s to approve Consent Agenda items. Voice Vote: all A YES. Motion passed. PUBLIC HEARINGS 1. Will Council adopt a resolution amending Table "8" of Resolution 2009-18 Miscellaneous Fees for Service Where Necessary? Public Works Director Mike Faught and Associate Engineer Pieter Smeenk provided the staff report on the proposed fee resolution arid a presentation that included the following: ASHLAND CITY COUNCIL MEETING December /5, 2009 Page 2 of8 Will the Council adopt a Resolution Amending Table "B" of Resolution 2009-18 Miscellaneous Fees to add fees for the following: . Sidewalk Dining . Functional Items . Newspaper Racks . Right-of-Way Closures Background . July 21, 2009 Council adoption of Ordinances 2990 and 2989 . October 20, 2009 Council adopted of Resolution 2009-29 Proposed Fees . Sidewalk Dining (min 50 sq ft): $4.00 per square foot . Functional Items: $58.00 per occurrence . Publication Box: $25.00 per occurrence Sidewalk and Parking ROW fees . Sidewalk ROW Closure> 72 hrs: $58.00 per occurrence . Sidewalk ROW Closure < 72 hrs: $15.00 per occurrence . Parking Space ROW Closure> 72 hrs: $58.00 per occurrence . Parking Space ROW Closure < 72 hrs: $15.00 per occurrence Mr. Smeenk explained a lottery would initially determine sections for the publications in the newspaper racks then rotate positions quarterly. Public Hearing Open: 7:25 p.m. Public Hearing Closed: 7:25 p.m. Councilor Silbiger/Chapman m/s to approve Resolution #2009-37. Roll Call Vote: Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman, YES. Motion passed. PUBLIC FORUM Jnlie Norman/596 Helman Street/Spoke on how the Park Commissioner's Goal on the evaluation of pesticide use. Topics raised in the discussion of this Goal included the impact of pesticide run-off into the creeks and soils and the most widely used toxic pesticide. She commented on new statewide law mandating schools reduce or eliminate pesticide use. Round Up is the most commonly used pesticide, considered less toxic and manufactured in the U.S. and China. She went on to explain working conditions and lack of environmental safety controls in China. Angie Thusius/897 Beach Street/Spoke for herself and on behalf of "Grandmothers in Green" and thought Council should include the reduction or elimination of pesticides in their Statement of Values under Public Safety or Environment. The state law reducing and eliminating pesticide use in schools was due to several schools cost effectively decreasing pesticide usage up to 90%. She noted additional items the Park Commission was working on as how other cities reduced pesticide usage and standards changing "proof of harm," to "proof of no harm" to ensure manufacturers guaranteed zero level of harm in the chemicals they sell. Tom Marr/955 N Mountain A venue/Stated that his profession was Forestry and Forest Health. He addressed the City goals pertaining to water and suggested clarifying one goal to read, "Protect and enhance the native, domestic water supply." He explained some of the benefits from protecting and enhancing the water supply and encouraged the City to adopt a pesticide free goal. UNFINISHED BUSINESS 1. Will Council approve second reading of ordinances amending the Ashland Land Use Ordinance (ALUO) to include Chapter 18.63 Water Resources Protection Zones and make related amendments ofthe ALUO and Comprehensive Plan regarding the protection ofwetIands, streams and riparian ASHLAND CITY COUNCIL MEETING December /5, 2009 Page 3 of8 corrido'rs, and approve the findings of fact to accompany the amendments'! Mayor Stromberg eXplained that the public hearing on this item was closed and public testimony would not be taken. Councilor Silbiger declared a potential conflict of interest regarding a class exemption but thought he could make an unbiased decision regarding the topic. Community Development Director Bill Molnar and Planning Manager Maria Harris presented the staff report. Ms. Harris reviewed the changes and the outstanding item regarding Exempting the Replacement of Non- residential Nonconforming Structures. Current text limited the exemption to Historic Districts only. The potential revision would expand the exemption citywide and would affect eight buildings. Staff clarified that the exemption would allow replacing a structure under any circumstances as long as it was in the same footprint area. Replacing a structure under Limited Activity was a Type 1 Planning Action, required Administrative review, an application fee of$917, a land use notice of all the properties within 200 feet and possibly a public hearing through the Planning Commission. Redevelopment would not be subject to special approval if building occurred outside the protection zone and would require a Water Resource Protection Zone Reduction ifit were. Historic buildings in the downtown area would not be exempt from a Historic Commission review of the reconstruction, only from the Water Protection Zon'e ordinance. lfa new non-residential building was developed, it would trigger a site review and the City would evaluate the exterior. Councilor Jackson/Lemhouse m/s revises exempting 18.63.060.3(d) Replacement of Nonconforming Structures in Non-Residential Zoning Districts as proposed in the Council Communication. DISCUSSION: Councilor Jackson commented a larger lot interested.in redeveloping would require an extensive planning application with the opportunity to restore the riparian areas and still have the ability to replace the building. Councilor Lemhouse understood the significance of the historic buildings downtown but thought the citywide exemption was a fair compromise. Councilor Navickas did not see a strong reason for the exemption and noted there were other avenues to replace buildings that exist within variances in the code. Councilor Silbiger thought any structure downtown or other wise impacted should look at ways to remove themselves as much as possible from the riparian zone. It was a matter of fairness to property owners and tenants on how the regulation is applied. Mayor Stromberg questioned how having the owner build outside the riparian area applied to the downtown Historic District. Councilor Navickas responded downtown properties already met the criteria for a variance if they could not build on' the site without affecting the riparian area. Councilor Jackson added any rebuilding of a structure in the riparian area was most likely in a flood plain and not exempt from that, this was a case of finding the right balance. Councilor Navickas opposed the motion because it contradicted the intent of the riparian ordinance. Roll Call Vote: Councilor Lemhouse and Silbiger, YES; Councilor Chapman, Navickas, Jackson and Voisin, NO. Motion failed 4-2. City Attorney Richard Appicello read the ordinance title aloud and noted typographical corrections to the map. Councilor Jackson/Navickas m1s to approve Ordinance #2999 amending the Comprehensive Plan with maps and other attachments. Roll Call Vote: Councilor Lemhouse, Silbiger, Chapman, Navickas, Jackson and Voisin, YES. Motion passed. Mr. Appicello read changes to the ordinance that included adding language to the sentence: "Fences limited to open wire, electric and similar fence that will not collect debris or obstruct flood waters," adding, "but not including wire mesh or chain link fencing..." to 18.63.060(B) 3 Fences and 18.63.060 (C) 2 Fences. Another change was 18.63.070(B) 3 Public Facility Paving and Reconstruction: "Paving and reconstruction of public parking areas and walkways if additional surface area in the Stream Bank Protection Zone is not disturbed, the public facilities are deemed necessary to maintain a functional system and upon finding that no other reasonable alternate location outside the Water Resource Protection Zone exit." Mr. Appicello noted a typographical error then read the ordinance title aloud. Councilor Voisin/Jackson m/s to approve Ordinance #3000 adding new Chapter 18.63 with changes as read and corrections. DISCUSSION: Councilor Navickas complimented the Council on the work done and ASHLAND CITY COUNCIL MEETING December 15. 2009 Page 4 0/8 the spirit of compromise demonstrated as they worked through the issues. Council Lemhouse agreed and . would vote in favor of the overall changes but was disappointed the citywide exemption was not accepted. Roll Call Vote: Councilor Lemhouse, Silbiger, Navickas, Jackson and Voisin, YES; Councilor Chapman, NO.' Motion passed 5-1. Mr. Appicello read the third ordinance title aloud and noted typographical errors in the codification section. Councilor NavickasILemhouse mls to approve Ordinance #2998 adopt ordinance amending Chapter 18.62 and 18.108 with changes as read and corrections. Roll Call Vote: Councilor Lemhouse, Silbiger, Chapman, Navickas, Jackson and Voisin, YES. Motion passed. Councilor Jackson/Navickas mls to approve Findings of Fact & Conclusions of law for all three ordinances. Roll Call Vote: Councilor Lemhouse, Silbiger, Navickas, Jackson and Voisin, YES; Councilor Chapman, NO.l\:Iotion passed. 5-1. NEW AND MISCELLANEOUS BUSINESS 1. Shall the Mayor and Council approve appointments for three positions open on the Citizen Budget Committee with one term ending December 31, 2011 and two terms ending December 31, 2012? Mayor Stromberg explained the ballot process and Council shared the criteria they used for selecting members and expressed appreciation for the applicant's expertise. Councilor Silbiger/Navickas mls to appoint Dee Anne Everson to the Citizen Budget Committee with term ending December 31,2012. Voice Vote: all A YES. Motion passed. Councilor Silbiger/Chapman mls to appoint David Runkel with term ending December 31,2012 and Keith Baldwin with a term ending December 31, 20 11. Voice Vote: all AYES. Motion passed. 2. Does Council have feedback on Staffs Stage I Water Curtailment debriefing and will Council approve Staffs request to amend the current water curtailment ordinance to address issues identified during curtailment in 2009? Public Works Director Mike Faught, Associate Engineer Pieter Smeenk and Water Conservationist Robbin Pearce presented the staff report that included the following overview and recommendations for the future: . Water Demand Exceeds Water Supply . Progress Report . Curtailment Termination . Reeder Reservoir Drawdown Graph . What Went Well . What Went Poorly . Operational and Financial Impacts . Recommended Plan of Action . When to add Talent Irrigation Ditch (TID) Water . Staff's Recommended Strategy . Develop Water Curtailment and Use ofTID Water SOPP's . Reduce WTP Overtime When Using TID Water . TID System Upgrades and Automation . Amend Water Curtailment. Code . Section 14.06.0 lOA Exhibits . Section 14.06.090 Ms. Pearce explained Water Budgeting was based on impermeable surface, efficient irrigation and type of plant material that could adjust water amounts to accommodate vegetable gardens that require more water. This was an issue during the water curtailment because property owners were only allotted water amounts to that ASHLAND CITY COUNCIL MEETING December 15, 2009 Page 5 0/8 . suit landscapes and not vegetable gardens. Ron Roth/6950 Old 99 South/Supported using TID water as part of augmenting the existing water supply. Till water came from Howard Prairie Lake with an elevation over 5,000 feet and to his knowledge has not had algae problems where Lost Creek Lake elevation at 1800 feet has issues with algae blooms. Using Howard Prairie water would be as expensive as purchasing from the Medford Water Commission but was higher quality. He strongly encouraged Council to move forward using TID to supplement existing water needs. Michael Chnrch/2669 Takelma Way/Introduced himself as the president ofthe Clay Creek Gardens Home Association and explained the issues of having two water meters that should be considered one meter. He described the half acre of grass, three quarter mile planter strip containing 200 trees and a community garden on the property and asked Council to consider these areas when planning future water curtailments. Melanie Mindlin/1248 Calypso Court!Explained she lives in Ashland co-housing and expressed concern with the way communication was handled regarding water conservation. She strongly supported water allocation being based on the amount ofland needing irrigation as well as urban agriculture. City Administrator Martha Bennett clarified the City did four weeks of press requesting voluntary curtailment prior to declaring water curtailment using major media and the City website. Council and staff discussed how the Master Plan of the Water Supply System would provide direction for water efficiency, possibly using tiered curtailments, the need for better communication regarding curtailments and changes to the Till open canal if the City used it as a water source. Councilor JacksonNoisin m/s to authorize staff to begin drafting amendments to the Water Curtailment ordinance. Roll Call Vote: Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman, YES. Motion passed. 3. Should Council approve a contract with Carollo Engineers in an amount not to exceed $363,996 to provide a Water Conservation & Reuse Study and Comprehensive Master Plan of the Water Supply System? Associate Engineer Pieter Smeenk presented the staff report and noted a correction in the Council Communication changing the contract amount to $366,996 instead of$363,996. The scope of the project was based on the City's multiple water sources and options to combine them. The grant required the City to establish a community level of service goal for system capacity, reliability and emergency supply needs and increase environmental stewardship regarding water supply. It would also allow a study on the possible reuse of wastewater treatment effluent and updating water curtailment planning. The Master Plan and grant fund would help with the studies as well as Iifecycle cost analysis, replacement scheduling, staffing and rate analysis, financial and 50 year planning. He provided a presentation that included the scoring process, schedule and proposed next steps. Staff clarified there was not a direct penalty for missing the deadline and the grant allowed a three-month extension. The Part I Study would look at water source opportunities where environmental impacts requiring further studies on feasibility may arise and subsequently increase costs. Study conclusions would be available by August 2010. Councilor Jackson/Silbiger m/s to approve contract with Carollo Engineers for the Water Master Plan. Roll Call Vote: Councilor Navickas, Chapman, Silbiger, Jackson, Voisin and Lemhouse YES. Motion passed. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Should Council approve Second Reading of an ordinance titled, .. An Ordinance Amending Ashland Municipal Code 10.44.012 and 10.44.020, Relating to Public Nudity and Penalties? ASHLAND CITY COUNCIL MEETING December 15. 2009 Page 6 afS City Attorney Richard Appicello explained changes to the ordinance included Recitals, text addressing constitutional limitations and Recitals stating the purpose was to prevent harm. Other changes restored existing language concerning private property and reduced the violation level from Class A to a Class B. Also included was evidence indicating victims of sex abuse could suffer harm when exposed to an unexpected public nudity or other triggering mechanisms for posttraumatic stress and Recitals concerning limitations on regulating freedom of expression in the Oregon Constitution. Colin Swales/143 81h StreetlWanted the Council to take action that would afford Ashland's children the same protection as Talent, Medford and Jackson County and repeal the existing ban that attracts strange naked activists to Ashland. He asked aggrieved citizens to challenge the Oregon Constitution through the statewide ballot initiative process and encouraged Council to repeal the ban adding media coverage has gotten out of hand. Paul Huard/201 S Mountain Avenue/Explained he was a teacher at Ashland High School and appreciated the proposed ordinance. He emphasized the issue was about protecting children and nothing else. He did not want children having to determine the intent of an individual who was publicly nude. Ashland would not lose its unique qualities ifthere were a ban but would allow kids to enjoy the safety of walking to school. Schools were safe areas and many times the only safe place for children. He urged Council to support a ban that would allow people to have political expression and be non-conforming but protect children. Deltra Ferguson, Ph.D./345 Maple Street/Coordinator for the Women's Resource Center of Southern Oregon Universit)'/Read a letter from Diane Potratz, Director of the Student Health and Wellness Center on behalf of victims of sexual abuse. The letter addressed how sexual abuse and posttraumatic stress disorder (PTSD) correlated and how PTSD works. Involuntary exposure to nudity could trigger past sexual abuse. Children and teen victims of sexual abuse have no capacity for self-protection and cannot rationalize or explain feelings they experience when exposed to triggers such as nudity and human genitalia. It was Ms. Potratz' personal opinion that a community's strength and character was not measured by the loudest or strongest on freedom of speech but how it attends to its most vulnerable. The letter encouraged Council to consider the community's responsibility to protect the most vulnerable, children and youth victims of sexual abuse. Cate Hartzel1/892 Garden Way/Shared insights from a recent meeting of the Oregon American Civil Liberties Union and state board of directors on the dynamic nature of constitutions and noted it was the citizens' task to protect the constitutions. Citizens needed to exercise caution when government starts to limit the rights constitutions guarantee. She appreciated the intention to protect children from unwanted exposure and understood the desire to control what happens in the public arena. Statistics show 10% of child sexual abuse is done by strangers and the remaining 90% by family members or someone the child knows. Ralph Temple/ISO Myer Creek Road/Explained the proposed ordinance contained constitutional vulnerabilities. Protecting the potential harm to children abnormally vulnerable to nudity due to a history of severe sexual abuse was not a proper standard to measure the limits of public expression. Individuals wanting to engage in political or artistic expression would have to work with officials giving them overbroad discretion that would result in discrimination between types of expression. He suggested language stating anyone in a public place who exposes genitalia with the specific intent of being seen by children under the age of 17 years shall be guilty. Mayor Stromberg read written comments from Bruce Bayard supporting the safety and security of children as well as the widest freedom of expression and explained why they were not mutually exclusive. He encouraged Council to maintain and expand freedom of expression and find a way through existing laws that children are not targets of inappropriate behavior. The Mayor then read written comments from Ann Disalvo opposing the limits on public nudity and commenting on community perceptions. She urged the Council to abandon the ordinance and let society's regard for public nudity return to a more neutral position and possibly allow humor to be its most powerful ASHLAND CITY COUNCIL MEETING December 15. 2009 Page 70[8 chastisement. Mayor Stromberg thought a ban of nudity around and en route to schools was appropriate but had concerns about the invasive regulation of people's behavior and felt motivating the ordinance through the issue of sexual abuse and trauma was a mistake and not necessary. He suggested the following Whereas statements: "Whereas it is generally expected in our community that schools provide a protective environment for children and that parents can be confident they have a clear understanding of the experiences their children will have at schoo!..." Or "Whereas a recent experience this past fall has demonstrated that the protective capabilities of our schools do not adequately guard against exposure from outside to an individuals genitalia and possible buttocks and breasts except for nursing mothers..." Or "Whereas at the same time the Council desires to minimize invasive regulation of personal conduct..." Councilor Navickas thought a 200-foot ban around schools and additional pathways to schools was a compromise that would create constitutional issues. Councilor Voisin could not support the amendment to the ordinance because the premise it protected children was false and provided examples. She would support a ban on nudity within a 200-foot radius of schools or school zones based on parents' right to determine the education oftheir children about nakedness. Councilor Lemhouse shared facts that one in four boys and one in six girls are sexually abused before the age of 18. The State Supreme Court stated nudity in and of itself was not a form of expression. Compromises had been made and the ordinance was similar to several cities in the State with long-standing ordinances. Councilor Jackson believed it was about the safety of children and not an infringement of free expression. She noted other cities had similar ordinances in place for years without issue and this ordinance would mimic the same protection. Councilor Chapman/Jackson mls to replace in 10.44.012 Public Nudity Section: "oo.a public place" or "oo.a place visible"from a public place" with "an exterior public place." Delete the second line 10.44.012 Public Nudity: "This provision is not intended to apply to family changing areasoo." Replace 10.44.012 Penalties Class B violation with Class C. DISCUSSION: Councilor Chapman explained the ordinance would be specific to public places and not pertain to someone in their house, yard, and business or in a building. Changing the violation to a Class C reduced the fine to $180 maximum. Councilor Lemhouse added if it was a form of political expression, it could not be limited. Councilor Navickas clarified the City had the authority to restrict public nudity entirely including nudity associated with expression and explained the amendments would not prevent someone from being naked in front of schools. Specific broad restrictions around schools that included expression would accomplish that intent. Councilor Jackson noted it would be more difficult to designate the 200 foot school zone ban than banning public nudity throughout the community as long as the City used the language other cities have used successfully. Councilor Silbiger thought prohibiting public nudity around school areas would restrict half the town and most likely invite someone to challenge the ordinance. Councilor Navickas added broadening the terms of nudity and having a ban around schools would prevent someone from finding a loophole to provoke the City again. Councilor Voisin would not support the motion and thought it was better to go with a smaller area, expanding it would make it harder to enforce. Roll Call Vote: Councilor Chapman, Jackson, Lemhouse and Silbiger, YES; Councilor Voisin and Navickas, NO. Motion passes 4-2. Councilor Jackson/Silbiger m/s to continue second reading to January 5, 2010. Roll Call Vote: Councilor Chapman, Voisin, Jackson, Lemhouse and Silbiger, YES; Councilor Navickas, NO. Motion passed 5-1. 2. Should Council approve First Reading of an ordinance amending Council Rnles Chapter 2.04.090, 2.04.100 and 2.04.110 to add Conncil Rnles relating to commissions and liaisons, and move the ordinance on to Second Reading? Delayed due to time constraints. ASHLAND CITY COUNCIL MEET/NG December /5, 2009 Page 8 of8 3. Should Council approve First Reading of an ordinance providing for uniform policies and operating procedures for advisory commissions, committees and boards? Delayed due to time constraints. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS ADJOURNMENT Meeting was adjoumed at 10:30 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor ASHLAND AIRPORT COMMISSION November 3, 2009 MINUTES MEMBERS PRESENT: LINCOLN ZEVE, RICHARD HENDRICKSON, RUSS SILBIGER. ALAN DEBOER, BILL SKILLMAN, TREG SCOTT, DAVID WOLSKE, ALAN BENDER STAFF: SCOTT FEURY MEMBERS ABSENT: LARRY GRAVES Visitors: Bob Sims 1. CALL TO ORDER: 9:30 AM 2. APPROV AL OF MINUTES: September 1, Motion by DeBoer for approval, second by Skillman, unanimous vote, minutes approved as amended. 3. Additional Items: (1) TSP (2) Planning Commission 4. Public Forum: No Public Comments 5. OLD BUSINESS: A. AlP Project Engineering Design: Fleury informs Commission that there are no new updates for the AlP project. Everything is moving along with the proposed construction in Fall of 2010. Fleury working on Connect III grant for the taxiway extension near Sky's hangar up towards Dead Indian. The grant is due by November 20th Commission agrees that any infrastructure added to the Airport would be very beneficial. Fleury also states that he is in contact with ODA regarding there pavement management program and will inform Commission of any updates and possible work. Bender makes a general comment that aviations is under attack because people do not understand the significance of general aviations airports and are questioning why money should be allotted for them. The Congressional reauthorization of FAA AlP funds has not taken place as of yet. but will most likely happen in the near future. The City of Ashland AlP grant is contingent on this funds be approved. B. QT Technologies: Fleury informs Commission that the platinum level service has been paid for through 2010. Commission will reevaluate service level for fueling card lock system next fall. . C. Airport Policy Development: Fleury states that he will continually work with the Airport Commission to develop the Airport Policy booklet. Fleury asks if any members have an additional policy they would like to add to the current booklet. either new or old. D. Airport Marketing-Website Development: Fleury informs the Commission that he will be working with Graves to develop the City website for the Ashland Municipal Airport. Fleury had a training session with Ann Seltzer regarding the site in a box backend system for the City website. Graves is out of town and when he returns Fleury to sit down and develop website content. Fleury has already done some ground work on the web page and it will have its own URL. The old website will have a forwarding link placed on it, so whenever someone goes there they will be C:\DOCUME-l \shiptetd\LOCALS-l\ T empIXPGrpWiselNovember 3 2009.doc 1 redirected to the new site. Silbiger states that there should be a link to weather underground and that the site is very informative with regards to any weather information pilots are looking for. Fleury to keep Commission in the loop with regards to the website development. E. Brim Rolling stock Area: Commission discusses area behind hangar that houses rolling stock. As per discussion with Burl Brim at a previous meeting they believe that a ground lease should be charged for the area where the rolling stock sits when not in operation. Brim was agreeable to paying a ground lease for the area used as discussed at the previous meeting. Fleury to measure area used for rolling stock and generate letter and ground lease to send to Brim Aviation for review and signature. F. Airport Housekeeping: Skinner states that he is working on cleaning up the area between the maintenance hangar and Sky's hangar. Commission discusses wing jig outside of Maces hangar with DeBoer. DeBoer states that there really isn't another spot for it, unless it is being used inside of a hangar. DeBoer states that his lease is up next year and if the City and Commission would like they can add another charge into the lease for the area the wing jig takes up. DeBoer will look into cleaning up any other items outside his bank of hangars. Commission discusses possible policy regarding items kept outside the envelope of the hangars and how people use the airport. Skinner states that people are walking there dogs and riding "glide" cycles around on the taxi-way and this can present a serious safety hazard if they are not aware of the day to day operations of the Airport. Skinner would like Commissions recommendation on how to deal with these situations. Zeve states that people moving around on the airport proper give it a "life". Scott states that people who are unfamiliar with airport operations present a safety hazard. Commission discusses possible designated safety area on the airport grounds. Skillman states that the FAA regulates the allowed activities on the apron, taxiway and runway and these types of activities are not allowed. Commission trusts in Skinners good judgment to handle the situations as he sees fit. Commission agrees that the demo of the glide cycles on the Airport taxi-ways is a safety hazard and does not follow the minimum standards when it comes to a business that is not aviation related. Wolske will work on possible policy details regarding these issues for the December meeting. 6. NEW BUSINESS: A. Airport Commission Goals: Commission members to come up with 3 goals for the 2010 Airport Commission and bring back to the December meeting for discussion. B. CAP Hangar: Zeve states that he has not pursued any new information from the CAP regarding the status of use of there hangar. The CAP recently performed some exercises while based in Ashland and Commission agrees that it was nice to see some activity from them. Zeve still believes that the hangar should be cleaned up and fire code violations fixed. Zeve to speak with CAP individuals to determine how the hangar is truly being used and report back at the next meeting. Fleury to investigate the fire code violations and the possible ramifications for not fixing them per Margureitte. C. SOU Economic Impact: Bender states that he currently working with SOU students for a new economic impact assessment for the Ashland Airport. They have taken the old survey questions and improved them. Bender asks Skinner for a list of tenants at the Airport and a list of all transient sign-ins over the past year. Skinner will get the information to Bender as part of the research. Silbiger states that the City is starting to discuss its economic development strategy. which will lay out its economic base for the next 20 years. Silbiger recommends that the Airport be involved in the discussion; all the Commission needs to do is express a willingness to be involved. Commission is willing to be involved. Silbiger to discuss at Council. Commission would C:\DOCUME-1\shipletdlLOCALS-1\TempIXPGrpWise\November 3 2009.doc 2 like to know more about the accounting and economic status ot the Airport. Fleury to try and bring Cindy Hanks in from accounting to discuss how the Airport fund is managed by there Department. Fleury states he now has access to Eden's accounting section and can research each month's revenue and expenditures for the Airport account. DeBoer would like verification that the SASO fees are being paid after the invoice is sent out. Fleury to verify accounts receivable has received the SASO fees. D. Brown Bag Lunch: Wolske states that the Mayors lunch was informative for all parties. The Planning Commission member in attendance asked about having a Airport Commission member attend a meeting to answer questions regarding the Airport. This would allow the Planning Commission to better understand the day to day airport operations. The Airport Commission agrees that attending a meeting would be beneficial to all parties. Wolske volunteer and the Commission would like Skinner to attend as well if at all possible. Fleury to contact Bill Molnar to see about setting this up and inform Commission of meeting specifics. E. Transportation System Plan: The Commission discusses the current RFP out for the new Transportation System Plan. The Airport plays a role in the transportation system of Ashland and the Commission wants to make sure it is represented correctly in the new System Plan. Fleury states there are two sections to this TSP, one is an update to the existing plan and one is a completely new plan. Fleury to see if Faught can attend meeting to discuss TSP with Airport Commission members. Silbiger states that they are discussing ex-officio members for the Commissions and that it would be in the best interest of the Airport Commission to have some representation on the Transportation Commission. DeBoer states that it would be beneficial to have a voting member on the Commission and that if there was an opening an Airport Commission member could apply to fill said opening. Hendrickson motions that the Airport Commission should have voting member presence on the Transportation Commission, 2nd by Wolske, all approved. Wolske volunteers to fill out Commission application packet. 7. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION: A., Status of Airport, Financial Report. Review of Safety Reports: Skinner states that the additional rent collections will occur now for the Lobaugh and Scott hangars and he has already collected the first Y2 month payment for the Sandler hangar. This should generate a net revenue gain of approximately $10,000 a year for the Airport. Skinner discusses how the runway was used as a racetrack one night. Rock and dirt were tossed allover a couple sections of the runway and Fleury took pictures then had the sweeper on site to remove debris. Commission discusses possible security camera installation at Airport and would like to discuss in further detail at the next meeting. B. Maintenance Updates - Fleury states that he has discussed the tree trimming with the Public Works Superintendent and that he will schedule work crews to start when time allows. The paving of the phone and electrical trenching will take place when time and weather allows. Fleury discusses the sectional granite base near the older closed hangars. There could be a possibility of filling in that area with %- asphalt grindings to make more of a pavement type roadway. Commission agrees that if it is possible to place grindings in granite sections to go ahead and do it. Fleury to discuss with Terry Ellis about possibility of that work being done. C:IDOCUME -1 IshipletdlLOCALS"1 IT empIXPGrpWiselNovember 3 2009.doc 3 8. OTHER: The meeting of the JC airport commission is the third Monday of the month at 12:00 PM. 9. NEXT MEETING DATE: December 1, 9:30 AM ADJOURN: Meeting adjourned at 11 :19 C:\DOCUME-1\shipletdlLOCALS-1\TempIXPGrpWise\November 3 2009.doc 4 ASHLAND CITY BAND END-OF-SEASON REPORT OCTOBER 2, 2009 I. Concert Season June 16 to August 13, 2009 22 services: 11 rehearsals 9 regular concerts 1 special concert (July 4) 1 parade 99 different selections performed 2010 Schedule June 15 to August 12, 2010 22 services: 11 rehearsals 9 regular concerts 1 special concert (July 4) 1 parade II. Musicians (2009) 69 Average number of players at each concert 5 Substitutes 2 Guests or visiting musicians 77 Total musicians 5 Different pre-concert groups 67 Pre-concert musicians (City Band and guests) III. Stipends (musicians' pay) June $ 8,299.00 (from 2008 fiscal year) July - August $ 28,213.00 (from 2009 fiscal year) ASHLAND CITY BAND END-OF-SEASON REPORT AUGUST 31, 2008 I. Concert Season June 17 to August 14, 2008 22 services: 11 rehearsals 9 regular concerts 1 special concert (July 4) 1 parade 107 different selections performed 2009 Schedule June 16 to August 13, 2009 22 services: 11 rehearsals 9 regular concerts 1 special concert (July 4) 1 parade II. Musicians (2008) 70 Average !lumber of players at each concert 6 Substitutes 3 Guests or visiting musicians 83 Total musicians 7 Different pre-concert groups III. Stipends (musicians' pay) June $ 7,628.00 (from 2007 fiscal year) July - August $ 30,361.00 (from 2008 fiscal year) ASHLAND CITY BAND END-OF-SEASON REPORT SEPTEMBER 1, 2005 I. Concert Season June 14 to August 11 , 2005 22 services: 11 rehearsals 9 regular concerts 1 special concert (July 4) 1 parade 2006 Schedule June 20 to August 10, 2006 20 services: 10 rehearsals 8 regular concerts 1 special concert (July 4) 1 parade II. Musicians 68 Average number of players at each concert 5 Substitutes 8 Guests and visiting musicians 81 Total number of participants Years membership of regular players: 33 1-9 years 17 10-19 years 14 20-29 years 8 30-39 years 1 40-49 years 3 50 or more years 7 Different pre-concert groups 80 Pre-concert musicians (City Band and guests) CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 10, 2009 CALL TO ORDER Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Larry Blake Michael Dawkins Dave Dotterrer Pam Marsh Debbie Miller Melanie Mindlin Mike Morris John Rinaldi, Jr. Staff Present: Bill Molnar, Community Development Director Maria Harris, Planning Manager Brandon Goldman, Senior Planner Derek Severson, Associate Planner April Lucas, Administrative Assistant Absent Members: None Council Liaison: Eric Navickas ANNOUNCEMENTS Commissioner Marsh announced there is currently a vacant position on the Commission and encouraged anyone who is interested to submit an application. Community Development Director Bill Molnar stated due to the upcoming holidays, the Commission will only hold one Study Session. He stated staff will contact them via email to determine whether a November or December Study Session is preferred. CONSENT AGENDA A. Approval of Minutes 1. October 13, 2009 Planning Commission Minutes Commissioners Dotterrer/Blake m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed 8.0. PUBLIC FORUM No one came forward to speak. TYPE III PUBLIC HEARINGS A. PLANNING ACTION: #2009-01151 SUBJECT PROPERTY: 545.555.565 Clover Lane APPLICANT: Clover Lane LLC/Holiday Inn Express DESCRIPTION: A request for a zoning map amendment to extend the "Freeway Sign Zone/Freeway Overlay District" from its current 700-foot radius to include two additional properties along the west side of Clover Lane. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E.1; ASSESSOR'S MAP #: 391E 14AA; TAX LOTS: 3200, 6700 & 6800. Commissioner Marsh read aloud the public hearing procedures for land use hearings. Ashland Planning Commission November 10. 2009 Page 1 of 6 Declaration of Ex Parte Contact Commissioners Blake, Miller and Dotterrer participated in the site visit; Commissioners Morris, Dawkins, Mindlin and Marsh drove past the site; Commissioners Dawkins and Rinaldi noted their involvement with the Freeway Interchange Design Committee; Commissioner Dotterrer noted he lives in the nearby neighborhood, but stated he has no bias. Staff Report Associate Planner Derek Severson presented the staff report for the planning application. He reviewed the current boundaries of the Freeway Sign Zone/Freeway Overlay District and clarified within this radius there is an allowance for signs to be placed up to 2,028 ft. above the mean sea level. He clarified the proposal before the Commission is to extend the current overlay zone to encompass the remainder of the Miguel's property at 545 Clover Lane, the adjacent parking lot at 555 Clover Lane, and the Holiday Inn Express property at 565 Clover Lane. He stated if approved, this proposal would allow for the installation of two additional freeway signs in this area. Mr. Severson reviewed the visibility problems associated with the Holiday Inn Express at the end Clover Lane. He noted the Applicant's application points out that Clover Lane used to extend straight down, but back in the 1990's the area was reconfigured and the street realigned, which affects the line of sight when traveling down Clover Lane. Mr. Severson stated in looking at the application, staff was not only concerned with the visibility problem, but also wanted to ensure impacts to the adjacent residential area were considered. He displayed photos of the views taken from the residential area and clarified the distance between the subject area and the neighborhood ranges from over 400 ft. to 215 ft. He added there is also a substantial elevation change buffering the two areas. Mr. Severson clarified the Holiday Inn Express does have existing signage that is focused on the freeway frontage; and with recent Sign Ordinance changes, there are opportunities for them to gain signage on the other frontages as well. . Mr. Severson concluded his presentation and stated staff believes there is a change in circumstance that could justify a change in the overlay, and it does not appear amending the overlay distrlct would create significant impacts to the residential area. Applicant's Presentation Mark Knox/Applicant's Representative/Clarified the Applicant could not be present because he is receiving an award for the improvements he has made to this property. Mr. Knox stated the Sign Code is unique to Ashland and changes should not be taken lightly; however the Applicant has raised valid concerns. He stated Clover Lane is very narrow, there are Dead End signs posted, and you can't see the hotel because of the bend in the road. He added there is also heavy vegetation and the overall impact gives this street an uncomfortable feeling for someone who may be unfamiliar with the'area. Mr. Knox stated the residents in the residential area will not be able to see the signage because of the fencing, vegetation and grade change. He added there is also a distance of 400-450 ft. between the two areas that mitigates this concem. Mr. Knox submitted suggested language for the Commission to consider which would only allow the map change to occur along this boundary. He stated when the overlay was first created they fonned an indiscrlminate circle, and this change would focus on the properties most in need and solve their problems. Mr. Knox stated the Holiday Inn Express caters to out-of-towners and he believes the sign overlay was developed with this in mind and was meant to help capture that business. Mr. Knox provided some clarification of his suggested language. He stated this would expand the overlay zone to include the most western 100 ft. of the three identified tax lots and addresses any precedence argument that may come forward in the future. Public Testimonv Robert Peffer/626 Sutton Place/Stated he has spoken with his neighbors and feels extending the zone overlay will set precedence. Mr. Peffer voiced his opposition to the Applicant's proposal and stated approval would not only allow the Holiday Inn Express to erect a large sign, but also Pacific Western Oregon and possibly a new sign for Miguel's. He stated the requested action seems like overkill for a solely Holiday Inn problem and voiced concern that if approved, this would set a precedent making it difficult to reject similar requests from properties on the east side of Clover Lane. He stated the way to solve this problem is to grant the Holiday Inn a variance and allow them to have a taller sign. Ashland Planning Commission November 10. 2009 Page 2 of 6 Applicant's Rebuttal Mr. Knox clarified you can not ask for a variance to the Sign Ordinance, and this was the only avenue one can take. He added going through the map amendment process is a difficult task and he does not believe this is a precedence setting situation. Advice from Leqal Counsel & Staff Mr. Severson explained that in terms of the potential issue of setting a precedent for further expansion of the overlay, it should be noted that the Applicant's had initially proposed an increase in the overlay's radius at the pre-application stage. At that time, staff made it clear than an application of this nature must first demonstrate compliance with the Comprehensive Plan and that staff had fairly significant concems that an expansion of the overlay would encourage more freeway-oriented businesses that may not meet the job-creation targets of the Comprehensive Plan (at least 10 family wage jobs per acre). Mr. Severson stated the current proposal was significantly modified based on these concerns and is now limited to the subject properties, where freeway-oriented businesses are for the most part already established and therefore there is little concern with job creation. Mr. Severson emphasized that if the proposal is approved, future applications to expand the overlay will still need to address not only aesthetic impacts and the proximity to the residential neighborhoods, but also the Comprehensive Plan issues of job creation; therefore staff does not believe that the setting of a specific precedent should be a concern. Mr. Severson read aloud the suggested approval statement provided by Mr. Knox: "The Planning Commission finds the proposal to amend the Freeway Sign Zone to include the most westem 100' of Tax Lots #3200 (391E 14AB), #6600 and #6700 (391E 14AA) meets the criteria for a Zoning Map Amendment as described in the Ashland Municipal Code, Section 18.106.060.B.I.b as there has been substantial changes in the circumstances since the existing plan designation was adopted in 1973 (36 years) which necessitates the need to adjust to the changed circumstances relating to the re-alignment of the southern end of Clover Lane which has created the existence of freeway-oriented businesses that do not have freeway sign age visibility. The Planning Commission also finds thatthe proposalto only include the most western 100' ofTax Lots #3200 (391E 14AB), #6600 and #6700 (391 E 14AA) balances the signage needs of freeway-oriented businesses and mitigates against the aesthetic impacts on the rest of the community and specifically the adjacent residential neighbors to the east which are currently screened by fencing, vegetation, buildings, a lower topographic elevation (between 14' and 28), and approximately 400' of distance. " Mr. Severson clarified the additional area to be included in the overlay zone is very specific and this proposal would not increase the size of the overlay "circle". Commissioner Marsh closed the record and the public hearing at 7:50 p.m. Deliberations & Decision Commissioner Miller spoke in favor of not expanding the overlay radius and questioned if the issues the hotel is having could be solved by better si9nage on Clover Lane instead. Commissioners DotterrerlDawkins mls to approve Planning Action #2009-01151 with the amended language read aloud by staff. DISCUSSION: Dawkins agreed that Clover Lane has issues and stated he would feel uncomfortable too if he wasn't familiar with it. He added as long as they are looking at directing signs specifically along the freeway, he is comfortable with the Ordinance change. Blake stated he does not support the proliferation of signs along 1-5; however in this case he feels this is a reasonable request given the situation. Dawkins commented briefly on development history for this area and noted this was essentially a rural interchange when the off-ramp went in. Dotterrer stated he does not believe this approval will set precedence and stated someone would have a lot of difficultly challenging the wording that is proposed. Rinaldi stated this is not a freeway signage issue, but a local streets signage issue; and questioned if they should recommend the new signs be placed at a lower height. Staff clarified a change in the height limit would need to be approved by the City Council. Additional comment was made that in order for the sign to be effective, it will likely have to rise to the allowed limit. Marsh stated if you have freeway businesses you need freeway signs, and voiced her support for this application. Roll Call Vote: Commissioners Rinaldi, Blake, Dawkins, Mindlin, Morris, Dotterrer and Marsh, YES. Commissioner Miller, NO. Motion passed 7-1. Ashland Planning Commission November 10. 2009 Page 3 of 6 OTHER BUSINESS. A. Croman Mill District Plan. Planning Manager Maria Harris provided a brief review of the public hearing package and the project timeline. She explained the public hearing package will include: 1) a new AMC chapter titled "18.53 Croman Mill", 2) the Croman Mill District Standards which will be integrated into the Site Design & Use Standards, 3) miscellaneous revisions to the Ashland Land Use Ordinance, 4) amendments to the Comprehensive Plan map and Zoning map, and 5) will adopt the Croman Mill Site Redevelopment Plan as a supporting document. In regards to the project timeline, Ms. Harris explained the Croman Advisory Committee will hold their final meeting on November 18, 2009; on November 30, staff will provide an update to the City Council, and in December the Commission will hold their public hearing on the Croman implementation package. She added the Planning Commission's recommendation from their December meeting will be forwarded to the City Council, who are scheduled to hold a public hearing in January. Ms. Harris requested the Commission focus tonight's discussion on the Croman Mill District Standards, which are comprised ofthe following sections: 1) Street Standards, 2) Development Standards, and 3) Sustainable Development Standards. Ms. Harris clarified the draft Standards document handed out at the beginning of the meeting has not been changed since their last discussion on September 29th; and clarified the highlighted sections mark the new language that is not a carry-over from the existing Site Design & Use Standards. Ms. Harris noted the "Dimensional Standards Matrix" that will be inserted at the end of AMC 18.53, and clarified this chart addresses lot size, yard requirements, landscaping coverage, height, solar access, floor area ratio, residential density, and employment density. Street Standards Ms. Harris briefly reviewed the central boulevard, local commercial streets, accessways, and multi-use paths. She clarified the accessways are somewhat flexible and are intended primarily for pedestrian and bike access. Ms. Harris reviewed where the multi-use paths would be located and clarified the path adjacent to the railroad will be wider in anticipation of higher volumes of bicycle and pedestrian traffic. Design Standards Ms. Harris explained about half of the language in this section was pulled over from the current Site Design & Use Standards document. She stated the existing standards cover orientation and scale, parking and on-site circulation, streetscape, building materials, architectural standards for large-scale building, landscaping, and lighting. She stated the new language was taken from the Crandall Arambula plan and address: active edge streets, street wall height, residential buffer zones, transit facility, freight rail spur easement, commuter rail platform easement, open space, and compact development. Sustainable Development Ms. Harris stated this section is essentially all new material that was suggested in the Crandall Arambula plan, and addresses green streets, stormwater management, and green surface parking. Additional sustainable standards that are included in this section speak to: conserving natural areas, creating diverse neighborhoods, minimizing construction impacts, practicing low- impact site development, and sustainable development bonuses. Staff put forward the following questions to the Commission: 1) Are the land uses in the land use matrix consistent with the goals and objectives of the redevelopment plan? 2) Do the design standards seem consistent with the employment center envisioned in the redevelopment plan? 3) Do the sustainable design standards go too far, not far enough, or seem just about right? Commissioner Mindlin asked if they are done discussing the land use distribution. She noted she had made a motion at a previous meeting that did not pass, however no other motion was approved. Commission Marsh clarified the Commission has not made any final decisions, and the times they reached consensus it was merely agreement to include those items in the implementation package that goes to the public hearing. She stated the input they gain from the public may necessitate further changes, and at the conclusion of the public hearing the Commission will issue their final recommendation to the City Council. Staff clarified Crandall Arambula has been asked to provide input on a possible revision of the proposed street alignment. Mr. Molnar clarified staff has been working on this intemally, and have forwarded this onto the consultant team who prepared the Ashland Planning Commission November 10. 2009 Page 4 0'6 original Croman Mill Redevelopment Plan to review the changes and provide feedback on what the tradeoffs might be. He stated staff is working with them to get this back as quickly as possible. Commissioner Marsh asked if staff would be holding a neighborhood meeting prior to the public hearing. Mr. Molnar stated there are several neighbors who have been following the plan and staff will offer their attendance if the neighborhood wants to put something together. Ms. Harris noted staff is gearing up to notice the public hearing and the notice area will be quite large at 200 ft. from the boundaries of the entire Croman study area. Mr. Molnar added staff has also collected a fairly extensive email mailing list and notices could be sent to these individuals as well. Commission Dotterrer requested clarification on the active edge concept. Ms. Harris explained the idea is to have these along the central boulevard and around the central park. She stated these areas should have a strong pedestrian orientation since it is the Croman District's "front door", and buildings in this area will be closer to the sidewalk in order to create a boulevard space. Staff provided some clarification on the building height possibilities. Senior Planner Brandon Goldman explained the height bonus is based on the LEED Certification Program, and will allow additional stories for each level of LEED Certification achieved. However even with a LEED height bonus, each zone has a maximum height limit that all structures must adhere to. (Height Maximums: Neighborhood Commercial- 4 stories, Mixed Use - 4 stories, Compatible Industrial- 5 stories, Office Employment - 7 stories). In terms of height, Commission Marsh asked what the FAA has said about this plan. Mr. Molnar clarified as the buildings get taller, there will likely be restrictions added. He added staff has requested a FAA representative come to Ashland and review the Croman plan before it goes through the public hearing process. Commissioner Mindlin asked why the height limit for the Neighborhood Commercial zone was so low, and stated she had imaged something a little more dense. Staff clarified 2.5 stories is what is allowed now, so they kept this figure as the base; and while the Crandall Arambula plan suggested 4-5 stories, staff has proposed a 4 story limit out of respect for the abutting area and to provide an appropriate transition to the district. Mr. Goldman noted the residential buffer area encompasses much of the Neighborhood Commercial area and under the LEED standards, the height bonus is not applicable to areas within the residential buffer. He added if the Commission wants taller buildings in this area, the buffer will need to be reduced in size. Comment was made questioning if staff had considered other incentives for LEED development within the residential buffer area. Additional statement was made asking if the residential buffer area would be able to accommodate 50-units per acre if buildings are only 2.5 stories tall. Staff cited the Lithia Lot proposal as an example, and it was noted the 50-unit per acre figure will compel builders to provide smaller units, which is the intent. It was also clarified that 50-units per acre is currently the allowed density in the downtown area as well. Staff clarified the employment density numbers are guidelines and came straight from the Crandall Arambula plan. Mr. Molnar noted staff has been researching other communities to see if they provide anything besides guidelines for enforcement purposes, but since projects are often phased out over a period of time, employment density numbers likely won't be met during the initial phases. He stated this needs to be taken into consideration and the guideline approach may be best. Commission Dotterrer commented that it would be difficult to ask applicants to give a firm number, since business activity and employee numbers fluctuate. Commissioner Mindlin voiced concem that the employee targets will prohibit local businesses from moving to the Croman site. Ms. Harris noted staff did review local industrial employee numbers and cited Blackstone Audio and Dreamsacks as two local businesses who would meet the proposed targets. Commissioner Morris commented that the only way to pay for all the infrastructure is to have a higher number of employees per acre. Councilor Navickas commented that the minimum square foot lot size seems to be pushing toward a model that precludes small, locally grown industrial businesses. Ms. Harris clarified the intent was to accommodate existing local businesses that are growing and are in need of a larger space, as well as accommodating new businesses coming to town. Commissioner Marsh suggested they tum their discussion to the Sustainability Standards. Commission Dawkins commented that these should be called "Environmental Development Standards" instead, and stated he does not see anything in this Ashland Planning Commission November 10. 2009 Page 5 of 6 section that is sustainable and they seem to be more environmentally oriented. Comment was made that the term sustainable development is the standard term that is being used within the industry. Mr. Goldman provided a brief summary of the Croman Advisory Committee's discussion of the rainwater catchment issue. He noted at that meeting Commissioner KenCairn voiced concern with requiring 25% of the irrigation to come from rainwater, since there is no rainwater during certain months of the year. She had also recommended instead of making rainwater catchment a recommendation, to have a requirement for a certain percentage to be retained on the site for either graywater or irrigation use. Several comments were made voicing support for KenCaim's recommendation and to make rainwater catchment a requirement. Suggestion was made for staff to consider separating the recommendations from the requirements in Section VII-C-? and put them into two separate paragraphs. . Commissioners Mindlin/Rinaldi m/s to continue the meeting to 10:00 p.m. Voice Vote: all AYES. Motion passed 8-0. Commissioner Mindlin asked about the parking standards and questioned why all of the zones don't have the opportunity to reduce their parking through the implementation of alternative parking management strategies. Mr. Molnar stated this was a good question and staff will look into it. Comment was made questioning if they could roll back the height limit in order to persuade people to build LEED certified structures and get the height bonus. Ms. Harris indicated there may be some legal issues with rolling back what someone could build currently; additionally, she noted the importance of balancing the goals of the plan in terms of employment generation and environmentally sensitive development. Commissioner Marsh suggested they continue to brainstorm to come up with other incentives for building LEED structures in addition to the height bonus. FARs, height and lot coverage, and parking requirements were all mentioned as possible options for staff to consider. ADJOURNMENT Meeting adjourned at 9:45 p.m. Respectfully submitted, Apri/ Lucas, Administrative Assistant Ashland Planning Commission November 10. 2009 Page 6 of 6 ~v~ .' ,.'.1 '.,r" CITY OF (lr?n ".~S,HLANI?~ TAA1NSP , Rw'AlFle~~t'~ISSION lq.........I~'.."..',...',..,' ....'.,.. JII.. O' N~ "'''''.''.'b'.'.'''.'''''RR'1''9' 2009 A" J;Say., ovem . er', , -" ' W, "'W"'IIl" , . '" ."""".1.,., , " CiNl(iJo.un .1.~.(iJliab1b.er.s,_U-75.:EastlMain Street .J'----~~ Minutes Attendees: John Gaffey, Eric Heesacker, Steve Hauck,. Julia Sommer, Colin Swales (Chair), Brent Thompson, David Young Absent: Tom Burnham, Matt Warshawsky Ex Officio Members: Larry Blake, Kat Smith, Steve MacLennan Staff Present: Mike Faught, Jim Olson, Nancy Slocum I. CALL TO ORDER: 6:05 PM II. APPROVAL OF MINUTES: Minutes of October 15, 2009 were approved as submitted. III. PUBLIC FORUM: Egon Dubois thanked everyone involved in the approval and installation of the "sharrows" on Oak Street. He wondered ifthe shape of the pavement graphic should be elongated for the benefit of vehicles and the placement should be centered within the lane. Young had the same questions. Olson noted that since there was no fog line, prevailing standards recommended spacing 11 ' from curb so it bears a resemblance to a bike lane. Parking strips might be possible at a later date. Kat Smith, R VTD, thought confusion caused from the off-center graphic might act as an unintended traffic calming device. Swales noted that in other cities the graphic was bigger and centered. Faught hoped money could be budgeted for more shared streets next year. IV. ADJUSTMENTS TO THE AGENDA: Swales asked that the city goals that were distributed at the meeting be placed on the December agenda. V. ACTION ITEMS: A. Downtown Parking Studv - Lee Tuneberg Tuneberg was asked by the Council to present the Downtown Parking Study RFP ($30,000 to $70,000 range) to the Transportation Commission to see if there was support for the study at this time. The Council rejected the request to fund the study on October 20,2009. Tuneberg thought the study was necessary as there was outdated and/or lack of data to answer questions regarding parking-related issues such as: . Sufficiency of parking supply including need for more and impact of reductions . Impact of enforcement in the core, Hargadine and surrounding areas . Need for new or increased enforcement by Diamond Parking outside the parking district . Impact of reduced enforcement as decisions are made on elements of the parking code . Financing and debt payment options on improvements or studies Parking enforcement was contracted to Diamond Parking in 2001. The fees from the Hargadine parking structure pays for the Diamond contract, maintenance of the structure and the loan to pay for the $900,000 construction costs (annual debt service shared by OSF A). In addition, $4 per car is set aside for parking studies such as the one requested ($150,000 is already accrued). Hargadine is at capacity in the summer and at about 15% capacity in the winter. C:\DOCUME-l\shipletd\LOCALS-l\Tcmp\XPGrpWise\ll 1909 TC Minutcs.doc Page I of3 Sommer wondered why the rates in the Hargadine structure have not been raised and other parking lots been made paid parking as well. Tuneberg was waiting for more quantitative data. Young thought there are man people who would never pay for parking and so parking would be forced into adjacent neighborhoods. He also thought staff could answer some of the scope of questions within the RFP. He also suggested using seasonable rates. Tuneberg had looked at many options including researching other jurisdictions. Even so, he is still missing essential statistics. Swales wondered if the information gained from the study would be too outdated to be incorporated into the TSP update. He thought parking issues were more of a land use issue. If additional downtown parking was needed than the TSP could protect space for a future parking structure. He also recommended an incentive for employees to use the Hargadine structures - perhaps an employee survey. Sommer would rather spend more money for pedestrian amenities. Does the study only analyze vehicles? She would not support funding the downtown parking study. Thompson agreed. He would rather payoff the structure's debt early. Hauck thought Tuneberg needed the requested data gamered from the study to make intelligent decisions. Motion Thompson moved that the Commission not support the Downtown Parking Study RFP at this time and recommended directing staff to investigate parking rates in other cities, report findings to the City Council and that staff investigate other parking revenue sources in the downtown core. Sommer seconded the motion. Discussion Young was not comfortable feeling pressured for time and not giving Tuneberg a direct answer. He wondered ifit was in the Commission's purview to define a new scope for the study or just make a recommendation to support the study or not. Tuneberg wondered if the commission supported the current scope at this time. Heesacker noted that the 2001 study without a scope or required updates never was completed. He said the new TSP would take 2+ years to complete and therefore there was no time pressure. Vote Motion passed 5-2 with Commissioners Gaffey and Hauck voting no. B. 1-5 Exit 14 Interchange Aesthetics Presentation by ODOT Tim Fletcher, ODOT Project Manager, and John Galbrath, Landscape Architect, presented the plans for the architecture and landscaping for the Exit 14 and 19 reconstructions. People on the aesthetics committee included representatives from the Planning Commission, Arts Commission, Chamber of Commerce, Transportation Commission (David Young) and more. The look was "art deco." The colors would blend with the natural terrain. The south interchange will have more lighting as it is inore "urban." There are plans to eventually increase 1-5 from two to three lanes. Construction could be complete by summer 2012. Fletcher noted that more information and updates could be found at the ODOT website. C. Sponsorship of Workshop on Safety Features of Local Streets Olson reported that Mojie Takallou Ph.D, P.E. of the University of Portland Civil Engineering Department, would like to come to Ashland to present a free one day workshop entitled "Improving Safety Features of Local Roads and Streets." Dr. Takallou is a nationally renowned expert on transportation safety authoring fourteen books and teaching workshops for 22 years. His past workshops had always been well received. Olson asked the Commission to sponsor the event which would entail providing snacks, a venue and publicity. Commission, through unanimous consensus, agreed to sponsor the event. D. Oak Street Shared Road Publicity C:\DOCUME-l\shipletd\LOCALS-l\Tcmp\XPGrpWisc\11 ]909 TC Minutes.doc Page 2 of 3 Olson noted that there will be an educational "learning curve" to educate motorists on the sharrows. Staff has been interviewed, through the result of a press release, by the Daily Tidings, Mail Tribune, Channel 10 and 12. Burnham volunteered to organize a mass bike ride down Oak to celebrate the event. E. Letter of Support for Siskivou Regional Railroad Authoritv Slocum eXplained the SRRA's grant request. Young moved to direct Swales to sign the letter of support. Heesacker seconded the motion and it passed unanimously. E. Decision on Meeting in December Commission agreed that there were enough agenda items to warrant meeting in December. VI. NON ACTION ITEMS A. RVTD Briefing Kat Smith reported for Nathan Broom this month. RVTD coordinated with Jackson County Sheriff to conduct a pedestrian enforcement operation approximately 1, mile from Walker school. The "sting" would be aimed at vehicle drivers only. The event was paid for as part of the Safe Routes to School grant. Hauck commented that Ashland Street especially at Normal is too congested and many children cross the street there as well. Smith also reported the there are three Priuses currently used for car sharing (ashlandcarshare.com). She hoped this program would be included in the TSP update. B. Congratulations to Jim Olson and Kate Smith on ACTS Awards A round of applause went to both Jim Olson for his community traffic safety award and Kat Smith for her child safety award from the Oregon Alliance for Community Traffic Safety. C. Planning Commission Update Gaffey reported that the draft Croman plan was finished being reviewed by the advisory committee. The City Council will receive an update on November 30th, the Planning Commission will review the plan in December, and then the plan will go back to the Council for adoption in January. Swales noted that the Commission wanted to be involved in the review from a transportation standpoint. F. Shared Road versus Sharrows (Education Video from Portland Swales asked staff to email Commissioners the links to these videos as there was not time at the meetings to view the videos. E. Discussion on Motorcvcle Endorsement _ Gaffey thought there was a lot of misinformation in the public regarding when a motorcycle license was required. It depended on the number of cc's on the moped/motorcycle and the speed. Officer MacLennan does enforce the new law, but Medford enforces it more aggressively and confiscates the bike. No action was taken. VII. INFORMATIONAL ITEMS & COMMISSIONER COMMENTS: Young was concerned about unhitched trailers being parked on the street for long periods of time. MacLennan said the police were working on an ordinance. VIII. ADJOURN: 8:03 PM Respectfully submitted, Nancy Slocum, Accounting Clerk I C:\DOCUME-I\shipletd\LOCALS-l\Temp\XPGrpWise\ll 1909 TC Minutes.doc Page 3 of3 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Liquor License Application January 5,2010 Primary Staff Contact: City Recorder E-Mail: None Secondary Contact: Martha Bennet Estimated Time: Barbara Christensen christeb(ci)ashland.or. us None Consent Question: Does the Council wish to approve a Liquor License Application from Gretchen Boylan dba Gretchen's Organic Pasta, Inc. at 1606 Ashland Street? Staff Recommendation: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. Background: Application is for a change in ownership. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). Related City Policies: In May 1999, the council decided it would make the above recommendations on all liquor license applications. Council Options: Approve or disapprove Liquor License application. Potential Motions: Approve or disapprove Liquor License application. Attachments: None Page I of I r~' CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Liquor License Application January 5,2010 Primary Staff Contact: City Recorder E-Mail: None Secondary Contact: Martha Bennet Estimated Time: Barbara Christensen christeb@ashland.oLus None Consent Question: Does the Council wish to approve a Liquor License Application from Julie O'Dwyer dba T's at 303 East Main Street? Staff Recommendation: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. Background: Application is for an additional privilege. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). Related City Policies: In May 1999, the council decided it would make the above recommendations on all liquor license applications. Council Options: Approve or disapprove Liquor License application. Potential Motions: Approve or disapprove Liquor License application. Attachments: None Page I of I r~' CITY OF ASHLAND Council Communication Approval of a Public Contract for a term of 48-Months (Copier Rental for Community Development Department, Planning Division) Meeting Date: January 5, 2010 Primary Staff Contact: Bill Molnar Department: Community Development E-Mail: molnarb@ashland.or.us Secondary Dept.: Purchasing Secondary Contact: Kari Olson Approval: Martha Bennet Estimated Time: Consent Agenda Question: Will the Council, acting as the Local Contract Review Board, approve a Public Contract for a copier rental, including full maintenance, with Ricoh under the State of Oregon Price Agreement #8618 for a term of 48-months? Staff Recommendation: Staff recommends that the copier rental agreement, including full maintenance, for a Ricoh MP C3300SPF under the State of Oregon Price Agreement #8618 be approved for a term of 48-months. Background: This new copier rental agreement (Ricoh MP C3300SPF/State Price Agreement #8618) will replace the existing Canon C31 00 ($263/Month) copier rental agreement that is going to expire January 25, 2010. Current per copy rates for the Canon C31 00 are $0.014 for black/white and $0.085 for color. The monthly payment for the new Ricoh copier will be $165.20/month for a total of $7,929.60. Full maintenance will cover all toner, parts, labor, and service necessary to keep the equipment in like new condition at a cost of$0.0075 for black/white copies/prints and $0.052 for color copies/prints. In accordance with AMC 2.50.070(1)(1) and as a member of the Oregon Cooperative Purchasing Program (ORCPP), the City of Ashland is authorized to piggyback on State of Oregon Price Agreements. Related City Policies: AMC 2.50.015 Authority Unless otherwise expressly authorized by these Rules or by ordinance or order of the Council, all contracts must be approved by the Council before they can be executed. The Council gives its approval through its Consent Agenda which authorizes the Public Contracting Officer, his or her designee or the contracting Department to execute the contract. The Council may also execute contracts itself. AMC 2.50.020 Public Contracting Officer's Authority A. Authority to Execute Contracts Without Prior Council Approval. The Public Contracting Officer may execute without prior Council approval contracts that satisfy all of the following: ii. The contract does not exceed a twenty-four month contract period; Page] of2 ~.l' CITY OF ASHLAND AMC 2.50.070 Procedure for Competitive Bids All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C and the Attorney General Model Rules, OAR Chapter 137 Divisions 46 - 49, except for the following: J. A contract or class of contracts, and amendments to contracts specified below, provided the Public Contracting Officer, his or her designee or the contracting Department identifies the basis for the exemption. In circumstances where the basis for the exemption is not readily apparent, the Public Contracting Officer, his or her designee or the contracting Department shall consult with Legal Counsel. Where appropriate, alternative contracting and purchasing practices that take account of market realities and modem or innovative contracting and purchasing methods, which are consistent with the public policy of encouraging competition, shall be used. (I) Contracts for the purchase of materials where competitive bids for the same materials have been obtained by other public agencies or the federal government whose processes for bid and award are substantially equivalent to those set forth herein, and the contract is to be awarded to the party to whom the original contract was awarded so long as the price of the materials is the same or lower than that in the original contract. Council Options: The Council, acting as the Local Contract Review Board, can approve the copier rental agreement for a term of 48-months or decline to approve the copier rental agreement for a term of 48-months. Potential Motions: The Council, acting as the Local Contract Review Board, moves to approve the copier rental agreement for a term of 48-months. Attachments: Proposal Pa~c2of2 ~.t. 1 . . . , . RICOH Proposed RICOH Equipment Solution Ricoh MP C3300SPF 33 pages per minute B&W and FULL COLOR Fully network print capable including Novell NDPS B&W and FULL COLOR network scanning to folder/scan to email/scan to URULDAP Support G3 Fax including Internet Fax by emailllP Fax (T.38)/LAN Fax/Fax forward to email and folder/LDAP Support 80GB HDD for on-demand printing - great for standard forms and packets Internal shift sort tray - easy separation of print jobs and multiple copies 50-sheet Automatic Reversing Document Feeder Automatic, unlimited duplexing Four (4) 550-sheet paper drawers Paper sizes to 11" x 17" (12" x 18" in bypass tray) Paper thickness to 1401b. Index in all paper sources (up to 256 g/m2) State of Oreaon Price Aareement #8618 36 month rental $202.32 48 month rent~1 $165.20 Full Maintenance Covers all toner, parts, labor, and service necessary to keep your equipment in like new condition. Provides a guaranteed service response time not to exceed four hours, and free same day loaners if needed. BIW copies/prints .0075 Color copies/prints .052 Additionallterns 15 amp surge protectorlline filter Delivery, Installation & IT $81 $125 c 0 en CD ... 0 "'"" 0 Q) CIJ (.) r:: :I: oIJ III co 10 r:: ~ " ta Q) CD E ..... CO " 0 oIJ t:;t~ II} .- <( '" llla.< :!!: '" " U :; '0 ." LL 0 u. Q; IIIIB - z ;;; .l9 - ~ I) rn t!! ::< r:: - .c Q) c: 0 e:: o .~ Un: . . 1; ~ .. e> III "0 c. 0. " ~ U ~ " , ~ .... N 0 0 ",I) 0 ~ ~~ .. 1;: '" '" 0: " . 0 z ,!::!() ~ ~ . 0. '" ~~ E . ~'" "'J<l .!!!-.s:c ::l J3 C III E r::: 0 E & &! ~ ~ Mo. t'lI ':::-J!! 3:aiic E c g ~ o ~::!E >. u... ~c.. -511 E a ~'" "'J<l So o . o ~ " " !II 0. ~w~~~~~~~g~m~~~re~~~~ ~:m~mMm~~MdM~romro~m~ . =.~~W~~~~~M~M~~~MMWMM """ ~~~~~~~~~~~~~~~~~~~ ~~~~~~~~.~~~~~~~~~~~ ~~~ ~ ~ ~ ww~~ ~ '" .. ~'" ~.. ~d ~M N N .. .. (OClN-NCllV"--aJClONr-- 00.... V..... vm VCOMIl'l..... V ..,j.,fIriIriIriNcOu-lcOIDIriMO M....C"')UJC"').....UJ(I).....WNMr-- WII)V> CflCfl W UJUJU'J ~ N "'~~ ""':""':N V) .. V) C"')I'-Or--V r--NMN(O '<iO"":ON u;;;;~v.;v> "'J<l ~ g o " " ~ ~o. ~~~~~~~~~~~~~~~~~~~~~~ NMV(o(oOWMCOO~Nr--NNr--cnNcnVMW ~M(oNW.....WN..........M_~WMN.....M.....UJWUJ ~~lflW~~(flV>V)V)II)UJ UJ;;;UJUJ~II) ..'" '" 0 ON .. .. ~~c;:8 '<ici""':C\i ....fI}fI}fI} .. Vr--.....MMNW Il'l......WI.OVlOaJ ""':"":Iri<.OM'<il.O (/) II) V> ..... V) U)- W .. ~~~~~~~ ""':citrio'<i.ncri (I) W lfl N W. lh ffl V) It'lVmO.....lt'lN r--CClOlW.....ON NMciale6tON W.....UJNUJW.... .... V) ~~~~~;!S; ..oc6cO..o""':..oN U'lN_<t'l__N lflffllfllfllfl~ '" "0::: . M 0 '" '" ~ ~ ~ '" N ~ m '" ~ '" 8 ~ '" ~ '" ~ '" N M '" ~ ~ m '" :il '" '" a: '" ~ ~ ~,.g r- ~ ~ ~ m ~ m ~ N ~ N M m :;- .... ~ .... ~ m '" ~ N '" '" ~ '" ::i '" N ;! "'~ "'- ~ "'. "'- "' M ~ N m '" ~ M '" M '" M N N N 0 .",0. ~~ ~ - - ..; - - Z '" '" .. .. , '" Il'lV"'tM .....r--Nlt'l cO""':""':M ..........(fl(fl .. .. ....'" ~~ ~ M V) .. aJ r-- 0 "<2' M a CCl..- cO"":""':..o N..... (/)fI) .. .. => ~ ~~ '" '" N '" M N ~ '" '" ~ ~ ~ '" '" '" ~ N ~ N N N '" '" '" :;; " m ro '" N ro '" "' N ~ '" N '" ro '" ~ ~ \:: ~ M '" '" ro ~ ;; ;:: M '" m '" '" '" .... '" 0 'E " N '" .... '" ~ '" ~ ~ ~ ro ~ '" '" '" '" '" ~ ro ~ ~ N '" '" '" .... ~ '" N U M M ~ ;! ~ M ~ "' ;! ;! ~ ;! "' N N ;! ;! ~ ;! N ~ "' "' "' '" "' "' N .. ;! ;! "' 0: g , :; :; :; :; :; :; :; :; :; :; ;; ;; ;; ;; M ;; ;; ;; ;; "'z "' .. .. .. .. .. .. "' .. .. .. '" .. "' "' '" .... '9 ~ ~ N ~ , ~ N 0 0 u ~ ;;: 'It a. u. .. 0:: e> I! ~ ~ 'c ~ Ih::::l:c ~.~ ~ ~ [Ob.Ih~ .- Cl) 0 g."O.!:! '0 wlij/i.u , ... 0. V) , 00 00 M M MM uu 0. a. :;;:;; .c ~ o 0 u u ii:ii: . " . .. " oOUl '" J: '" 0; . M 1\ :g " '--J: 1.1 ~ -Ii . 0", '" M M M <Il lD ~ ~- '" -E '" g ~ "' u: ~fbo "' '" Co '" s~;: '" " ~ ~ '" M M ~ 0 0 '" g ;;:t ~1r '" . " " or" M ~ <Il <Il -0 M " 0 ~ .~ '" '" "' Ii: '" '" :> 'E '" 0; 0; ~ " . '" ro IL ~ ~'" <3 " ~ " .~ - '" " m M ;:- ~ '" I! 0 E . "'. 0. "- <Il M U .. :0 => . ~ ~o. M 0; ~ '" ~ ~ 1;,,,, ~ " I- ~ ~ E u m '" . . " c ~ 0 .... C- O ~ 0 E m , 0 '" "' N - ~ ^ in -" u "- <Il ~ '" + + + + + + "' J: 11. ~u. ~ UJ I- lU "c lU"~ Q. <( I:J b g;:5 ~ 8. 8.::l g,:"%,:g?:~~. M ~ ::> =>"~ Qi .l!! ffilU:rl~5tiE <u ~ UJ fl: c e:! di .... ~8"{1ai,g~cv ~w~~~~8~ E ~ 1ij g ::> 1ii "E 3000W8c:~ 8~13g:8~~~ mi.i:oD:r:::.::O> ommco <0 OM co a)NMm 'l;/'M(fl~ """ ~ '" g ~~o~ g ~ ~~:::;g~ g (.) ~.. g; ~ 8. G ~ o8...g-~I-~~8.~ o~~o~B~8>-C: ~ 'E ~ ~ Q. {g 50 III :.:: it >OJ 2' 0 III C1't:: C u: ~I-Qj8.0~C(O~:JlU o c U'::-E.:~i;:-~5 '.:=.Q ~ - ...... N:5 .... Q. li III i ~ g ~ 0 0 "0 ~ ~O.5-glD~UJLfl~~~ ,."-~~ Ill~ oUJWW,2 0 1';1 .... ,-,IMU_~Oln.U + + + "'<Il 11.11. .::-~ .. " in E o . "'~ (3 ill N:5 rn " ~0 o o I <Il '" o '" .. :if <( "' rn '" 1i " t . .E g: " E o ~ J: " 01'(6 ~ E g~-1ii 5 1:: .E E "C ] lU Q; lii -5 ffi"E , u 0 ~ en lU o >;.CI "0 !!! 11) gJ I-:J 0.. ~ E Ul III S' >- 0. ffi 1j J; (jj i; "ij ii - " 0 :5 ~:g 6 g (.) E _ M 8. ~ D w e it 8, ': 13 ~ 8. 0 g ~ ~ q"iji2 ~ Q) ~ o#>}:) I1l 0 ....I E ~ '" , ~ ~ '0 >< 0 > N M >->ico ~ Q) a.. ca....: o , 0 E 0 85 E u: , 0 . E a:: g- "~ 4; ~ E "E e:! Cll cf) ~ Soo ~ ~ ~ . . 0 C . M ~U<Il '~ ~ ~ o .S ij, . . 0 ~ ~ ~ ~ ~ ~ "m '(6 0 " E . o ::( ~ 0 ~NM ;;;; ~$ "" ro ~ J<l . , M 0 E c M 0 'C.'E Q; ,- M 0" 5 M 80. Ci ~ .; ~o. <5 '" u '" 0 N M I) M 0. " ,; '0 a. " . <5 ~ 0 0. . . ~ , " E .; . "" '" 0;- ~ . '0 0 m c 0. ~ 0 " ~ :;: tl jj 0 c 0 .; , g 0 ~ 0 N " "8 ~ ~ :;: If .. x ~ . oi " "- 0 0 '" ~ ,. E . ~ 0. . 0 ~ 0 u u :;: 0 <.) ~ . " .. oi 0 0 0 " . ;;; ~ ~ 0 ~ " u E .1' ro X 0; . " ~ 0 . 0 ~ <n "- 0 .. ~ ,s .. ~ ~ ~ .. . .~ ~ "- E " ~ '" '0 . . 0 0. ~ . 0 " ~ E - " 0 " . 0 0 " " , 0 ~ '5 ~ E N 0 0; U ::> . ~ 0 g a. , 0 0 " ~ .; . ,. € '" g 0 - ~ . . ~ 0 c 0 0.<.) ~ , ~ " @ 0 ~ ~ 0 . 0 I ::> . 0 0 0. 0 'E 0 '0 .. <.) 0 . u ~ 0 Ul '" ~ X " 0 c a. 0 0. E ~ '" '" . 0 >. 0 '" 0 0 ~ ~ E . ~ " ;;; '" ~ 0 ~ " 0 f- ~ " ~ ~ " ~ I 0 8 0 0 " 0 0 . ~ 0 " . a. . f- c ,0 . 8 . :n ~ . 0 0 . ~ 0 <.) . 0 0; 0 0 " " ~ '" . Ul " "- or . " ~ 0. '0 . <.) c 0 c '" . 0 rn . 0 " , . ~ , ~ rn ~ 0 ,. . " 0. u; 8 '0 " 0 M ,. U 0 0 . ~ ~ x . 0 .. M E . rn 0. ~ ~ '" f- 0 0 ~ ~ IT: ~ '>. <.) . 0 . 0 . 0 ~ u u . 0 . 0 " ~ 0 0. " '" fj . 0 0 . ~ 0 0 0 o " 0 0 ~ 0 0 0 ~~ 0; ~ a N . " ~ 0 " ~ 0 u IT: " " 1; 0. _ " ~ . " ~ 0 ~ 0 N .. 0 0 . 0 E M 0 ~ 0 . IT: ;;; ~ ~ 0 0 " ~ E II or M . . 0 '0 rn ~ II 0 " " X 0 ,g . :.: <n " N ;:0 ro IT: i" ~ " ~ 0 >-'" ~ . . 0 E ~ x 0 " "- 0 ~ 0 !'l 0 > ~ " ~ . . "' 0 ~ 0 M 0 0 ~ 0 ~ . 0 " ~ 0 . 0 ~ ~ ;! c '" ~ " , '" "' E "- C. ~ . "- ,. , " '0 0 'j; , :i2 0 >- . " , 0 "- 0 " % 0 0 II . <n .E ," .. '" . 0 '" 0 "- 0 0 E u ~ . '0 u 0 ,0 .... " c E ~ ~ 0 0 ~ ~ 0 ~ ~ 0 a. ~ E or , . j; j; '0 0 M U " x j; . . . .Q .. " . :c :E' :J " or " :n '" 0 ~ . E 5 . II " "' ,. " 0 0 ~ ~ "' 0 0 . ,0 . > ~ ~ E ~ ~ f- '. .. .. . 0 . g . 0 . ~ " j; . ~ 0 2 0 . . "- Z 0. . 0 . . .E > ~ " " ~ .E " . " 0 "'if> 0- 0: . ~ . " . " " 0 " " 0 0; '0 . >- '5 :J .. 0: 0 . ,. ,. '" ~ ,. ~ 0; . 0. . ~ , . 0 ~ 0 ;;; .E " .~ 0 0 E " u . <.) .Q . . 0 c . u f- . . '5 E 0- N '" ~ .. ' '" M . .Q ~ , E 8 > . ~o . . ~ ~ 0 . "- . 0 0 if> a . . " " . , . . " a M ~ . >- a 0 0 .. . " 0 " '" '5 0- u ~ :J " 0 " . 0 a <.) 0- , a 0 . '5 " 0 0 e .Q 0 '0 ~ , ~ . 0 . if> a 0 0 0 '" ~ '0 " E 0 >- " ~ . 0 M 0 0- 0 :0 0 . 0: 0 0 0; 0. u . ,0 u u 0 "- <.) " <.) rn 0- <.) <.) 0 . 0 '" E ~ 0 ii , ~ f- " " 0 , 0 c. 0 " t '0 " 0 " 0 0 0 0 0 0 ~ a. 0 N '" w 0 . u 0 ~ ~ ~ ro 0 " 0 0 . ~ " 0 0 ~ " ~ . ,0 <.) u 0 ~ 0 0 0 0 M '" x g 0 " ~ @ " 0. M M M M " Z "0 " '" N 0 0 .. 0 " 0 0 c. . " 0 0 m '" " I , m I 0 ::> M ~ I u: 0 '" I "- 0 :.: > a. <.) <.) 0. 0. 0. '" " S N M' ~ ;;; <D ;:0 <D 0;- S N M' ;;; <D ;:0 <D Iilw ;:0 <D 0;- - - N N N N N N N N CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Appointment to Forest Lands Commission January 5, 2010 Primary Staff Contact: Barbara Christensen City Recorder E-Mail: christeb(ci)ashland.or.us Mayor's Office Secondary Contact: Mayor Stromberg Martha Bennet Estimated Time: Consent Question: Does the City Council wish to confirm the Mayor's appointment Gary Pool to the Forest Lands Commission with a term to expire April 30, 2010? Staff Recommendation: None Background: This is confirmation by the City Council on the Mayor's appointment to the Forest Lands Commission on application received. There is currently one vacancy on this commission due to the resignation of Ben Rice in June 2009. Related City Policies: Ashland Municipal Code (AMC) Chapter 2.17.020 Council Options: Approve or disapprove Mayor's appointment of Gary Pool to the Forest Lands Commission. Potential Motions: Motion to approve appointment of Gary Pool to the Forest Lands Commission with a term to expire April 30, 2010. Attachments: Application received Page I of 1 ~.t. 1 BY: ____________________ CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE 1ID~(g~K\W~TIi1 lUl NOV 0 9 2009 lID Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email chrisleb<alnshland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name ~f ~l- R. ~..'-~ I A-I"''''- ~( . 'n/~ . ) equestmg to serve on: '1t.1'-'::~, ~ No........ C l.-Omml~Olrumttee Address 4-/4- t/l)~ c::;-r ~A-ND Occupation D~N /~ 1\l6- I Phone: Home Work Email Fax A)4-'1 ,911.- t .C; 9A--3 <;'~~ 1. Education Back2round ~ ....7I?t.€- VrJ\ i!~ '!r I~ n:;....~ What schools have you attended? ~~II~.t~~fiv r ,I :E~ ;, What degrees do you hold? '. I (? 14<tt~ ~~1vlUC 16t-llll~~'- fI..MN~~ What additional training or education have you had that would apply to this position? o fi"e--....,. "7~: ~~ f1'e/lAl1C2<. ~ T~1IJIN"-;"" ~ ~,Jl:4L / .'~., 2. Related Exoerience What prior work experience have you had that would help you if you were appointed to this position? . 1~'77 ~ Iq~ ' ~~rNb- ""'3101 p..m:rc; 12- c:::1I;lrre.",n....MT>-l I co. - W1"\ll,... i:,.o~~oN _l.q~? - bk'" - ~ /f,;J> , ~l~ t: p.::nu{'p6-~, t:;m"o~'po ~.tl ~O(.,.i1U ,,I;>- C.(....(M~ I ~w~o -.,. ..., 3. Interests Why are you applying for this position? ~ ocrJ~P;lIT-€- N~lIe1L- l0JillAJUCDbE:' AfJo ~U4 .:r: H-;arVe ~ MA/~ ~ H<t?L-fPVL.-- "TV ~ 'f''t"W-€' 4. Availabilitv Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? .[3..1 ~12-- 5. Additionallnformation How long have you lived in this community? 14~~ Please use the space below to swnmarize any additional qualifications you have for this position 11/7/&1 Date ( I ~4e(lfl 19na ~ .... w..l CITY OF ASHLAND Council Communication Inter~overnmental A~reement - City of Medford Buildin~ Department Meeting Date: Department: Secondary Dept.: Approval: January 5, 2010 Community Development Legal Martha Bennet Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Bill Molnar bill01ashland.or.us Richard Appicello Consent Question: Does the Council wish to enter into an intergovernmental agreement with the City of Medford to obtain interim Building Official services? Staff Recommendation: Staffrecommends Council approve the Intergovernmental Governmental Agreement (lGA) between the City of Ashland and City of Medford for building official services until the currently vacant position is filled. Background: . On November 30, 2009, Ashland Building Official, Mike Broomfield, retired from service with the City of Ashland. The City of Ashland provides a full-service building plans review, permit issuance and inspection program. Until that time that the Building Official position is successfully filled, it is necessary for Ashland Building Division to perform a variety of functions with oversight by an individual holding a building official certification. These include but are not limited to authorization of a final certi ficate of occupancy, interpretation of state and local buildings codes, approval of an alternate method and staffing of the local appeals board. Related City Policies: Oregon Revised Statutes 455.148 - Comprehensive municipal building inspection programs; building officials; rules; program duration, plan, failure, abandonment and resumption. Council Options: The Council may choose to approve the Intergovernmental Agreement with the City of Medford for interim Building Official services. The Council may choose to approve the Intergovernmental Agreement with the City of Medford for interim Building Official services, with modifications. Potential Motions: I. Move to approve the Intergovernmental Agreement with the City of Medford for interim Building Official services. 2. Move to approve the Intergovernmental Agreement with the City of Medford for interim Building Official services, with the following modifications: Attachments: Intergovernmental Agreement (lGA) - City of Medford and City of Ashland Page I of I ~.t. 1 " INTERGOVERNMENTAL AGREEMENT FOR BUILDING INSPECTION SERVICES This Agreement is entered into this _ day of ,2010 by and between THE CITY OF ASHLAND, Oregon, and THE CITY OF MEDFORD, Oregon. A. ORS 190.010 permits units of local government to enter into intergovernmental agreements for the performance of any or all functions and activities that a party to the agreement has authority to perform; and B. The City of Ashland .requires the servIces of a qualified building official to oversee its building inspection program; and C. The City of Medford employs a building official with the particular training, ability, knowledge, and experience to meet the needs of the City of Ashland; and NOW, THEREFORE, in consideration for the mutual covenants contained herein the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: I. RECITALS. The recitals set forth above are true and correct and are incorporated herein by this reference. 2. DURATION. [ORS 190.020(l)(e)). The term of this Agreement shall be after execution by both' parties and shall expire on June 30, 2010, unless administratively extended in writing as provided for herein. The Ashland City Administrator may extend this. Agreement- twice, by twelve (12) months each extension, by indicating in writing to the City of Medford that an extension of the Agreement is sought under the same terms and conditions,* of this Agreement. *Provided however, that the rate of compensation set forth in paragraph 4 below is subject to any cost of living increase paid the applicable City of Medford Building Safety Department staff for the extension period. The extension shall be effective only upon receipt of a document from an authorized City of Ashland representative consenting to the extension under' the same terms and conditions*. 3. FUNCTIONS OR ACTIVITIES. [ORS 190.020(1)]. The City of Medford shall make available to the City of Ashland, City Building Safety Department personnel with the qualifications and state certifications necessary to perform the duties and responsibilities of a building official as described in ORS 455.148(3) as requested by the City of Ashland. The building official shall be made available on those dates and at those times as are mutually agreed upon between the Ashland Community Development Department director and the Medford Building Official. A statement of work is contained in Exhibit A attached hereto and made a part hereof by this reference. The City of Medford building official providing services to the City of Ashland pursuant to this Agreement shall have all jurisdiction, authority, powers, functions, and duties of the City of Ashland building official with respect to any and all violations of State Law, the City Charter or ordinances of the City of Ashland. Intergoveinmentat Agreement for Buitding Inspection Services Page I of 4 '. 4. PAYMENT. [ORS 190.020(I)(a)]. The City of Ashland shall promptly reimburse the City of Medford for the actual expenses incurred for the services provided. For purposes of this Agreement, actual cost shall be considered a flat rate costs in an amount of $80.00 per hour, not to exceed $10,000 for the initial contract term. Additional reimbursable costs, if any, shall be set forth and contained in Exhibit A, attached hereto and made a part hereof by this reference. 5. REVENUE. [ORS 190.020(I)(b)]. All costs, fees, fines and charges, collected as a result of the work performed by City of Medford building official pursuant to this Agreement shall be the property of the City of Ashland. No revenues expected to be derived pursuant to this Agreement need to be apportioned between the parties. 6. PERSONNEL. [ORS 190.020(I)(c)]. No employees will be formally transferred pursuant to this Agreement. The City of Medford will continue to pay its employees and shall keep accurate records of hours worked pursuant to this Agreement. The City of Ashland and the City of Medford are subject employers under ORS Chapter 656, and shall procure and maintain current valid workers compensation insurance coverage for all subject workers throughout the period of this Agreement. This Agreement does not change the status of any employee, contractor or officer of the respective Cities. 7. REAL OR PERSONAL PROPERTY. [ORS 190.020(I)(d)]. There shall be no transfer of title or possession to any real or personal property pursuant to this Agreement. 8. TERMINATION. [190.020(I)(f)]. This Agreement may be terminated by mutual consent by both parties; or by either party at any time, upon sixty (60) days notice in writing and delivered by certified mail or personal service. In the event of termination of th~ Agreement the City of Ashland shall pay for services rendered to the date of termination. Such termination shall be without prejudice to any obligations or liabilities of either party accrued prior to such termination. 9. HOLD HARMLESS. It is the intention of the City of Ashland to be solely responsible for the actions of the City of Medford building official while acting pursuant to this Agreement for the sole benefit of the City of Ashland with the full power and authority of the City of Ashland Building Safety Department. Accordingly, to the extent permitted by Article II, Section 7, and Article 11, Section IO of the Oregon Constitution and the Oregon Tort Claims Act, the City of Ashland shall hold harmless, defend and indemnify the City of Medford from any and all claims, demands, damages or injuries, liability of damage, including injury resulting in death or damage to property, that anyone may have or assert by reason of the any error, act or omission of City of Medford building department personnel, arising out of or in the performance of his /her duties under the terms of this Agreement. Provided however, the City of Ashland shall not be held responsible for any claims, actions, costs, judgments or other damages, directly and proximately caused by the criminal or wanton acts of Medford employees or the negligence of the City of Medford employees. Such indemnification shall also cover claims brought against either party under state or federal employees' compensation laws. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. Intergovernmental Agreement for Building Inspection Services Page 2 0[4 \ 10. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS, AND MAKING PAYMENTS. All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as follows: City of Ashland Community Development Dept. Attn: April Lucas 20 East Main Street Ashland, Oregon 97520 Phone: 541-552-2041 City of Medford Attn: Christy L. West 41 I W. sth Street Medford, Oregon 97501 Phone: 541-774-2351 and when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, bills, and payments shall be deemed given at the time of actual delivery. Changes may be made to the names and addresses of the person to whom notices, bills, and payments are to be given by providing notice pursuant to this paragraph. 11. MERGER. This writing is intended both as the final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in two (2) duplicate originals, either as individuals, or by their officers, thereunto duly authorized. . Dated this day of ,2010. City of Ashland, Oregon City of Medford, Oregon By: John Stromberg, Mayor City of Ashland By: Gary Wheeler, Mayor City of Medford Approved as to Form: Approved as to Form: Interim City Attorney City Attorney Intergovernmental Agreement for Building Inspection Services Page 3 of 4 INTERGOVERNMENTAL AGREEMENT / EXHIBIT A III. STATEMENT OF WORK Through this agreement, the City of Medford agrees to perform Building Official duties for the City of Ashland. ' A. The City of Medford shall: I. Comply with all requirements and regulations of the Oregon Revised Statutes and the Oregon Administrative Rules pertaining to the duties and responsibilities of a building official. 2. Provide a State of Oregon certified Building Official. 3. Have the building official available at the City of Ashland offices to meet with staff and public at a regularly scheduled time, of up to Y, day per week or as otherwise needed. This may be amended to every other week upon mutual consent by City of Medford Building Official and City of Ashland Community Development Director. 4. Have the building official available as needed to serve on the board of appeals. 5. Provide to the City of Ashland a monthly request for payment to be submitted with a detailed spreadsheet listing the date and time spent. B. The City of Ashland shall: I. Provide an office. 2. Provide at least one day of notice of request if the building official is needed beyond the agreed-to schedule. Intergovernmental Agreement for Building Inspection Services Page 4 of4 CITY OF ASHLAND Council Communication Citizen Committee on Public Safety Facilities GO Bond Levy Meeting Date: January 5, 2009 Primary Staff Contact: Ann Seltzer Department: Administration E-Mail: ann@ashland.or.us Secondary Dept.: None A n Secondary Contact: Martha Bennett Approval: Martha Bennett V Estimated Time: Consent Question: Does the Council approve of the Mayor's appointments to the Citizen Committee on Public Safety General Obligation Bond Levy? Staff Recommendation: Staffrecommends approval of the appointments. Background: At the November 17,2009 regular City Council meeting, the Council agreed to appoint a citizen task force to consider a possible General Election Bond levy to fund capital projects for Public Safety Facilities. Given the challenge of determining a meeting day and time when each committee member is available to meet, it is possible that not all of the following will be able to serve on the committee but all have agreed to participate if possible. Don Makin George Kramer Laura Dougherty Mary Modsitt OlaffPaul Clark Custodio Dennis Slattery Dave Dotterer Roberta Stebbins Daryl Boldt Loren Razzano Jerry Kenefick Lee Fox Thomas Walters Facilities Master Plan Committee Facilities Master Plan Committee CERT Volunteer Volunteer Police Volunteer Police Retired Fire Chief Budget Committee Member Planning Commission Former Budget Committee Member Citizen at large (long time residentlbuilder) Citizen at large (long time resident interested in city) Citizen at large (finance/accounting background) Citizen at large (retired USFS) Citizen at large (wants a "common sense" approach to public safety improvements/funding) Soroptimist Member (tentative) TBD Purpose of Committee The purpose of this committee is to determine: . Whether there is a valid need for the identified public safety facility improvements . Which public safety facility improvements should be on the levy Page I of2 ~.t. 1 CITY OF ASHLAND . Whether the City should seek voter approval of a General Election Bond (or a series of GO Bonds) to fund the various improvements . What amount should be on the levy . And, ifit is determined a GO Bond should be placed on the ballot, which election date is recommended. The Committee will be asked to make a recommendation to the City Council no later than June 2010. Identified Public Safety Facilities Improvements/Additions for Committee consideration . Fire Station #2 (council goal) $3.5 million . Expansion/Improvements to Police Station $ 1.1 million . Ladder truck $650 thousand . Training Facilitv $600 thousand TOTAL $5.75 million Possible Election Dates November 2010 (general election) or March, May, September, November 201 I or later Related City Policies: Council Goal Setting Council Options: Approve the Mayor's appointments or do not approve and provide new direction. Potential Motions: I move to approve the Mayor's appointment to the Public Safety GO Bond Committee. I move to Attachments: None Page 2 0[2 ~.t. 1 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Approval of a Special Procurement - Professional Underground Services, Inc. (Bore and install conduit underneath 15 @, Exit 14) January 5, 2010 Primary Staff Contact: Scott Johnson Electric E-Mail: iohnsons(a)ashland.oLus Purchasing Secondary Contact: Kari Olson Martha Benne Estimated Time: Consent Agenda Question: Will the Council, acting as the Local Contract Review Board, approve a Special Procurement to award a contract to Professional Underground Services, Inc. to underground power facilities at exit 14 as an Intermediate Procurement? Staff Recommendation: Staffrecommends that the Contract-specific Special Procurement be awarded to the lowest bidder, Professional Underground Services, Inc., in order to remedy the power facilities conflicts with the ODOT bridge expansion project (I5/Exit 14) by the required completion date of May 13, 2010. Background: For more information, please see the attached Request for a Special Procurement. Related City Policies: The related rules of procedures are included in the attached Request for a Special Procurement. , Council Options: The Council, acting as the Local Contract Review Board, can approve the Special Procurement or decline to approve the Special Procurement. Potential Motions: The Council, acting as the Local Contract Review Board, moves to approve the request for a Special Procurement. Attachments: Request for a Special Procurement Three (3) written bids Letter from MSA Engineers - Revised Conflict Letter with Non-Reimbursable Work Page I of I ~.t. 1 CITY OF ASHLAND I FORM #9 .SPECIAL PROCUREMENT REQUEST FOR APPROVAL Greater than $5,000 " To: City Council, Local Contract Review Board From: Scott Johnson, Interim Director of Electric Utilities Date: December 22, 2009 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Etectric Department 2. Department Contact Name: Scott Jolmson. Interim Director of Electric Utitities 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From ASAP To: Mav 13.2010 5. Total Estimated Cost: $73.462 (Price is contingent on not having to utilize rock equipment) 6. Supplies and/or Services or class of Supplies and/or Services to be acquired Contractor to bore and pull 3 each 4" and 2 each 2" conduit approximately 1,000 feet in length underneath 15 at Exit 14 interchange to move the power line from overhead to underground in preparation for the ODOT project to widen the bridge at Exit 14. The City has been advised of the upcoming proiect, including the existing conflicts with the current location of the City's overhead power line. Traffic signals are going to be installed on each side ofthe bridge and the height ofthe existing power line will be too low and in conflict with the impending traffic signals. The current location of the overhead power line is also located too close to the bridge; therefore, it will be in conflict with the proposed construction site. The conflicting power facilities must be completely relocated or adiusted bv May 13, 2010 so as not to delav the construction of the proiect. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), BidlProposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Form #9 - Special Procurement - Request for Approval, Page 1 of 5, 12129/2009 The proiect was competitivelv bid in accordance with the requirements for an Intermediate Procurement ($5K to $75K) which requires three (3) written bids. Bids were requested from four (4) potential contractors and three bids were received in the amounts of$73.462. $78.420 and $98.500. which all include BOLl prevailing wage. Onlv one bid came in less than $75K - the maximum threshold for an Intermediate Procurement. The other two bids (greater than $75K) fall under the requirements of a formal solicitation process (Invitation to Bid). Ideallv. the buver is required to follow the appropriate contracting procedures and/or sourcing method. but in this particular instance the resulting bids ended UP being on the borderline of two different contracting procedures and/or sourcing methods. It is not likelv that a formal solicitation process would change the outcome of the bids that were received. Most importantly. the proiect was competitively bid. And. awarding the contract as soon as possible allows the electric department staffto expedite the proiect in order to meet the required completion date of May 13. 2009. The Electric Department staff is recommending the contract be awarded to the lowest bidder at a cost of$73.462 subiect to Council approval and the requirement to publish the attached public notice seven (7) days prior to awarding the contract. The boring iob will then be mobilized - as soon as possible after the contract is fully executed - with a projected completion date of March 15.2010. The City electric crew will then complete the underground facilities within 4-5 weeks. If the contractor encounters solid rock when boring. City electric staff will reassess the options regarding the continuation ofthe proiect. The preferred option is to install the power line underground. but the additional cost and distance to complete the boring iob through solid rock will need to be considered. and if required due to circumstances. the second option of raising the existing power line approximately 15 feet by purchasing and installing taller steel poles that are capable of supporting the power line and the changing wind/weather conditions. The City electric staff will make every effort to relocate the power line in the manner that best meets the needs ofthe City and to rectify the impending conflicts bv May 13. 2010 so as not to delay the construction proiect. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. The proiect was competitively bid in accordance with the rules of procedure for an Intermediate Procurement ($5K to $75K). One bid came in less than $75K and the other two (2) bids exceeded the maximum threshold of$75K therefore. bordering on the requirements of two different sourcing methods. The purpose ofthe Special Procurement is to seek approval from the Local Contract Review Board to award this public contract in accordance with the rules of procedure for an Intennediate Procurement. This will also allow the electric department staff to expedite the proiect in order to meet the required completion date ofMav 13. 2010. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage fayoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: Competition was encouraged bv seeking bids from four (4) prospective contractors and three (3) bids were received. (Please provide specific infonnation that demonstrates how the proposed Special Procurement meets this requirement.); and x (b )(i) will result in substantial cost savings to the contracting agency or to the public because: Form #9. Special Procurement - Requestfor Approval. Page 2 of 5.12129/2009 The proiect was competitiyelv bid. and the electric staff intends to award the contract to the lowest bidder if approved by Council. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or (b )(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements ofORS 279B.055, 279B.060, 279B.065, or 279B.070, or any rules adopted thereunder because: The electric staff is seeking approval from Council to award a public contract by complying with the rules of procedure for an Intermediate Procurement (279B.070). One of the three bids was less than $75K (maximum threshold of an Intermediate Procurement) and the other two bids exceeded the maximum threshold of$75K which requires a Competitive Sealed Bid/Invitation to Bid (ORS 279B.055). (Please provide specific information that demonstrates how the proposed Speciat Procurement meets this requirement.) Form #9 - Special Procurement- Request for Approval, Page 3 of 5,12/29/2009 Public Notice: Pursuant to ORS 2798.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 2798.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement. The Contracting Agency shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award ofthe Contract. Date Public Notice first appeared on www.ashland.or.us-January 6, 2010 *** PENDING COUNCIL API'ROV AL *** PUBLIC NOTICE Aooroval of a Soecial Procurement First date of publication: January 6. 2010 A request for approval of a Special Procurement was presented to and approved by the City COWlcil, acting as the Local Contract Review Board, on January 6, 20 I O. The "Contmct- specitic special procurement" is for the acquisition of constmction services, and as approved by Council, is being awarded in accordance \vith the mles of procedure for an Intemlediate PmclIrement. The contractor. Professional Underground Services, lnc.. will bore and pull 3 each 4" ancl2 each 2" conduit approximatdy 1,000 feet in length undemeath 15 at Exit 14 interchange to move the power line fil)m overhead (0 wlderground in preparation fix the Ol)OT project to widen the blidge at Exit 14. The City has been advised of the upcoming project, including the existing conflicts with the clIfrent location of the City's overhead power line. Tranlc signals are going to b<:.' itl"ltalled on each side of the bridge and the height of1he existing pO\\'er line will be too low and in conflict with the inrpending tTafIic signals. The current location of the overhead power line is also located too close to the bridge; therefore, it will be in conflict \vith the proposed construction site. The contlicting power 'facilities must be completely relocated or adjusted by May 13,201 0 so as not to delay the construction oCthe project. Tfthe contractor encounters solid rock \vhen boring, City ek'ctric stafl \vill reassess the options regarding the continuation of the project. 'Ibe preterred option is to install the power line undergrolUld, but the additional cost ami distance to complete the boring job through solid rock will need to be considere(~ and if required due. to circuITlStimces, the second option of raising the existing power line approximately 15 feet by purchasing and installing taller steel poles that are capable of supporting the power line and the changing windiwcathcr conditions. The City electric sraff will make every clTon to relocate the power line in the manner that best meet<; the nee&:; of the City and to rectify the impending conflicts by the required completion dat~ of May 13, 2010. It bas been determined based on written fmdings tbat the Speciat Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and resutt in substantiat cost savings or substantially promote the public interest in a manner that coutd not be reatized by comptying with the requirements tbat are appticable in ORS 279B.055, 279B.060, 2798.065, or 279B.070. An affected person may protest the request for approvat of a Speciat Procurement in accordance witb ORS 279B.400 and OAR 137-047-0300. A written protest sball be delivered to the following address: City of Ashtand, Kati 01501" 90 N. MOlilltain. Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm On Jat1U:J1Y 14.2010. This public notice is being published on the City's Internet Worid Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Fonn #9 - Special Procurement - Request for Approval, Page 4 of 5, 12/29/2009 Authority to enter into a Special Procurement: AMC 2.50.070 Procedures for Competitive Bids All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C olld the AI/orney Gel/era/ Model Rules, OAR Chapter /37 Divisions 46 - 49. except/or the following: G. Special procuremelllsas setjiJrlh ORS 2798.085 Gild herein. ORS 279B.085 Special procurements. (I) As used in Ihis seclion and ORS 2798,400,. (0) "Class special procurement" means a contracting procedure that differs from the procedures described in ORS 279B.055. 2798.060, 2798.065 and 279B.OlD and isfor the purpose of entering i1l10 a series of contracts over lime/or the acquisitio[l of a specified class of goods or services. (b) "Contract-specific special procurement" means a contracting procedure that differs/rom the procedures described in ORS 2798.055,2798.060, 2798.065 and 2798.070 and isfor the purpose of entering into a single contract or a number of related contractsfor the acquisition of specified goods or services 011 a ol1e.time basis or for a single project. (c) "Special procurement" means, unless the context requires otherwise, a class special procurement, a contract-specific special procuremellt or both. (2) Ercept as provided ill subsection (3) of this sectioll. to seek approval of a special procurement, a contractillg agency shall submit a written request to the Director of the Oregon Department of Administrative Services or the local contract review board, as applicable, that describes the proposed contracting procedure. the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justifY the use of a special procurement lmder the standards set forth in subsection (4) of this section. (3) When the contracting agency is the office of the Secretary of State or the office of the State Treasurer; to seek approval of a special procurement, the cOlltracting agency shall submit a written request to the Secretary of State or the State Treasurer, as applicable, that describes the proposed contracting procedure, the goods or services or the class of goods or services to be acquired through the ~pecial procurement and the circumstances that JustifY the use of a special procurement under the standards set forth in subsection (4) of this section. (4) The director, a local contract review board, the Secretary of State or the State Treasurer may approve a special procurement if the director, board, Secretary oJState or State Treasurer finds that a written request submitted under subsection (2) or (3) oJthis section demol/strates that the use oj a special procurement as described in the request, or an alternative procedure prescribed by the director, board, Secretary of State or State Treasurer, will: (a) Be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition Jar public contracts; and (b)(A) Result in substantial cost savings to the contracting agellcy or to the public; or . (8) Qthenvise substantially promote the public interest in a manner that could not practicably be realized by complying with requirements that are applicable under ORS 2 79B. 055. 2 79B. 060. 2798.065 or 2 79B.070 or under allY rules adopted thereunder. (5) Public notice of the approval oj a proposed special proCllrement must be given in the same manner as prO\'ided in ORS 2798.055 (4). (6) If a contract is awarded through a special procurement, the contracting agency shall award the contract to the offeror whose offer the cOlltracting agency determines in writing to be the most advantageous to the contracting agency. (7) When the director, a local contract review board, the Secretary of State or the State Treasurer approves a class 3pecial procurement under this section, the contracting agency may award contracts to acquire goods or services withill the class oj goods or services in accordance with the terms oJthe approval without making a subsequent requestJor a special procurement. (2003 c.794 i57; 2005 c.l03 s8dj OAR 137-047-0285 Special Procurements (I) Generally. A Contracting Agency may A ward a Contract as a Special Procurement pursuant to the requiremellls ofORS 2798.085. (2) Public Notice. A Contracting Agency shall give public notice of the Contract Review Authority's approval oj a Special Procurement in the same manner as public notice of competitive sealed Bids under ORS 279B.055(4) and OAR /37-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement. The Contracting Agency shall give such public notice oJthe approval of a Special Procurement at least seven (7) Days before Award of the Contract. (3) Protest. An Affected PerSall may protest the request for approval oj a Special Procurement in accordance with ORS 2798.400 and OAR 137-047-0700, Form #9 - Spec;al Procurement - Request for Approval, Page 5 of 5, 12/29/2009 CPYofessional VtuferlJrounrf Services Inc. rro <JJ,!.(264!, 'PFoellf, On'lJow974D2 tp:54~-343-22~8 (F:S41-343-2843 CC'lJ # J 5 6231 'Emergitlg Stilll{(rJ3t1sitlass Cart: 115326 J[OI'i zontri [Wircctiollll [WrilTi;,g Speciousts "&"-~"t,'~M.,"''''.~~~_'MM~",._.._".... .... '" '''''''''' ~_~W'~0""""~"~"''''''''''''''''''''" 1<;""'" ..;;';"""'JK'~'''~ ~=....,~;.,_,;~.o.,., ,.~. ,'~w~""*__"\,1d September 3, 2009 , ,. ,Bid Proposed City of Ashland Electrical Department 15 at Hlllly66 Crossing AttehtionDave Tygerson " This Quote Includes: 1) Mobilization and demgbiHzation. 2) Bore and pull 3-4" and 2~2" sdr 13:5 approximately 1000 feet Notes: 1) Price is contingent gn not having to utilize rock equipment 2) Customer to gain con,structlon access or easements as needed. Exclusions: 1) Permits and Bonds, any work beyond the bore. $73462 Authorized Signature: Matthew c. Powell/President '-" Acceptance of propos81- theab,ove prices, specific8tions and conditions are sotisfactory and hereby accepted. You are authorized to do the wo'rkas specified. Pdyment will.be made as outlinedabgve. A 2% iate charge will b.e assessed on all past due invoices; This proposal good for 30 days. ." --.. .. .... .- .. ..- .. , Date of acceptance: Signature: Printed Name: PROPOSAL SPECIFICATIONS AND ESTIMATE i.i 'I POTElCO II\I( A Quanta Services Company . . 14103 Stewart Road Sumner, Washington 9.8390 PROPOSAL SUBMtTTEDTO City of Ashland STREET 90'N. MOlilllaiJI A.:\'C' CITY. STATE AND ZIP CODE Ashland, OR 97520 CONTACr DaveTy ersoil PHONE 541-488-5357 JOB NAME I-5Crassing JOBLOCATION 1-5 FAX 541,552-2436 :DATE 91t5109 SCOPE OF WORK The-following pl'icc:wllliitclttde: .1. Dlrection!,1 bOl'C 3..:4" conduits and 2::'2" condllltsncroslJ I~S llppl'Oximntcly 900'. 2. Stub conduits_out at egress and it~gl'CSl'l. 3. Removal"of dl'illmg fluidsnnd excavation ofbOl'C'Ilits includ_cd. 4. PE dllel provided liyPo'tCIco.. 5. City of Ashland to pl'O\'hle nil ncccslHlry. pcrmlt!J to complete 'Y~l'!{. 6. This p.'opo;nl ~lo"t~s--l1ofinchl:dciliJd ~olid l'oeIe dr~lIing,'ifl'och.:~ cnCoIDttcl;cd ....ices will be i'clicgo,tilitcd. 7. This'proposal-Is fo~' a dil'cctiot:Jnl bo~'c Ollly and docs notint:lu~lc R.ny ti,c.:.ins,Ol' other \~'OIk Pofelco TIIC. will be rCfpollsiblo forcilling uli1ities_~oc,'lled WitJlill, tlio publi,c,righl~of.\\'ay.Any lniating'on lirivatiJ'prapcrty.....m be thc rc:sponsiliilily of1l1O cnlity"acccJlling this ptttposal. We assume lio respomibility for danugo to unlocated uliliti~ 'onpriv3te -110 rt\' wlule e..\:('''\."tin~ or borillg_ C'uStciLuer r':$ o!lsible [("ir ;Iil\- i.1nd;i1l i~nltiIS." WE PROPOSE To,complete,thisj{)b ih nccl';r~ln-rlCe wilh nbm'c,specitil?ritim,l_s.t9f the~Hfnl of: " $ 98,500.00 P;\~li~lil to ~ ni.3dc:\s [0110\\":\: Pn?'1l1cnt'duc 30 Joys fron'trcl;cipt ofiil\~()icc. Allliul~IWiiiu.lJ;lJ~r<J 10 NM q>:<ittN .-\11\\\.'11:1.)1": c('nirl:u in ~ Sllhil.ultUJ 1\-cilillMhk< 111,~!1 ~C"[&18 tC>JI">C(ilk~tiMijul>il\iU~I.ree ~bnd;uJ i>9CtK<.<.-\ur ;>./lmli'll ,\I J~,-uth'n fiNII "I\O\;,e 'p~illt~ti{'lU UI\\'>l1iIl8 ~;"11a c.....lJ 'ull l~ ,el<i<nJti'J "llly'UP''l1 wtlll~n (\[.!tl;!' '1\.Il\'il1l><<<<II~ all C;(tI.l5h.'l.ri~ t.lW ~~J at'Ol"<! lh~ >'$tmuf~ A.uagI~m~J\I.Ht'lIfill.!:wll1ll<"ulutu, ac(iJmI.H'l,~~ll}-i l~r\'lld Cui 'i('l\Il~J" [.)\I'il~lltli:.ul)' W~ ....nJ <.>th~ll~<it,\lr tJUtIlMCt, l.">Ill \\"(\J.beu a:u fiilly <<-wee.! ~r W(llI~n'lJf$ {'{'llll'l'jl~~~l JII.\W"!ICt "Autboril.~d Signature ArcaMunager N(lI~,I~~ih,'Y i-i-jlbdi.aw nlill'i~lifn.." acctVl~1 il"itlili'i JOJayi ,ACCEPTANC;E OF PROPOSAL The"a!:>.:>w l'liw;il'N"ilkal.i..w.,.nd ((\J\'.Itlj,.'l"Il ~It J~tUr.'tINr an.j ~e~ ha<t~. acupl~,l Yml ~[~ aulh.....,"",! III ,"'UI~'I\>lI::u ~1>!tifi~J 1'~ym~1I1 \\'dlt>em~,k:M(\ul1i.il-eJat""t D:\I<.:ofAo::o::cpl;i:nc..:: Sigll;tlure . ~01:HER 10 ~ f' "l~ 15 ROTIHI IElRJ(Q)fNl ?: i- t, (C <0 IR IF (()) IRA r U) !Nl GOLD HILL, OREG9N 11 Frontage Road" P.O. Box 1360 Gold Hill, Oregon 91525 (541) 855-1()75 0 Fax (541) 855-1284 0 CCB 106728 PROPOSAL NAME: CITY OF ASHLAND 90 N. MOUNTAIN AVE. ASHLAND, OR. 91520 DATE: 9/9/2009 ATTN: LOCATION: WO#: DAVE TYGERSON 1"5 EXIT 14 BOllE PHONE: FAX: CELL: 488-5357 552,2436 951-0381 WE SUBMIT THE FOLLOWING ESTIMATE: BORE UNDER 1'5 AND INSTAll 3',4" CONDUITS'AND 2 - 2" CONDUITS FDR UTILITIES. ESTIMATED TOTAL $78,420. CONOITIONS CITY DF ASHLAND TO PROVIDE ALL PERMITS AND BONDS IF NEEDED. IF ROCK IS ENCOUNTE,RED THAT CANNOT BE TRENCHED OR BORED AND MUST BE REMOVED BYOTHE'R MEANS ADDITIONAL CHARGES WILL BE ADDED FOR THIS EQUIPMENT. AUTHORIZED SIGNATUR THIS PROPOSAL MAY BE WITHD WIII'BY BROTHERTON IF NOT ACCEPTED WITHIN30D~YS. ACCEPTED SIGNATURE Th'e acceptance of this propo""1 constitutes a binding <;onlract and Is sublactto all applicable state and locallaws, Matenal and labor In this agreement may be subject to state lien laws. . ZOO/ZOO'd (xv:!) ez:so 600Z/0 1/60 M~;A . ... .,' " " :..-. "" '.' . . ~ '. ." ---, .- . ... . - -. .. - ..- - llutr.lfSllllhUI.'<XiXl'S,IIk; l'n~~r:M,~~ _ 1~.~'JH~~1:~I~'XO' i\Y.1lmJ Orii<iJ,9Wr-l'J19' .N~~~\~S;9l!~~FA\\O\,lMl21 ~ December i 7, 2009 City of Ashland Public Works 90 North Mountain Avenue Ashland, OR 97520 Subject: ReyisedConlljctLelter with Non-Reimbursablc Work 'Project Names: Highway: (:onnty: OnOT Key Nos: 1-5: Valley View Rd (N Ashland Intchg)-.Bundle 314 1"5: QrccnSprings Hwy(Exi( J 4) - BUljdlc 316 1-5/Pacific Highway No. I Jackson 14641 and 16956 Altcntioll: Scott) ohnson, Electric Operations Buperintellden! Dear'Scott, _ As notcd in previouscOlrespondence, Murray, Smith & Associates, Inc. (MSA) is an,authorized ,c~ntfactor for the Oregon nepartm~nt of Transportation (OnOT) and is functio,ningon bchalfof ODOT staff to perform utility coordination activitics for the above referenced project. As an atithorized agent for OnOT, MSA is scrving as the "Engineer"in performing all notice and compliance requireUlents identified in Orcgon Adll1inistrativeRule(()AR) Chapter 734. Division 55.al1d Section 0045 entitled "Rcmoval, Rclocation or Repai,,:'. ODOT is scheduled to open bids for thc above named projects inA~iil and May20l0. This lettcr is a follow up to the 1" notice of conflicts date~September 3, 2009 in which we irlCluded plans showing the location of poteiltiat,conflicts and requested further field investigation by the City of Ashland '~ Power Department (City). Based on field investigation results including vertical \vireheight information provh:ledby the City and design modifications to the project, some of the previously notcd potential conflicts . have been eliminated, and some ncw _conflicts have been noted. The cnclosed, plans (approximately 90%dcsign) are highlighted ill red to show the locations where City electrical facilities appear to be in conflict with proposed construction. Abo enclosed is the updated Utility Conflict. List showing additional details ofthe highlighted apparentconfllcts: . , You arc requested to submit your relocation/adjustment plans and schedule, no later than Deccmber 30, 2009. If any of your required relocation/adjustment work -is to be i1iCludedin this I 'lJOlI f 1~':"I'h\ n,I"'1"ll'" ....>l)....,'>x,.,..J1~"""I{;.,nuh<:...\l.'" 1.'11'~ "'41rOO>J.~.;.t'li.. ....,f~,. Jr., JMl....h SeOl1 Johnson December I? , i609 Page 2 ODOT project, you must send a fomlal requeSt with a detaIled cost eStimate to MSA for review by Decembcr'30, 2009 to: Murray, SI]1ith & Associates, Inc, Attention: AndrewGiesy 121 :SW Salmon, Suite 900 Portlind, Oregon 97204-2919 Tel: 503~225~90 t 0 E.mail: giesya@msa-ep.eOlll Your request w041d be titled "R~quest to Include Non-reimbursable City Utility Work Within 000'1' ProjectConstruclion" and, if accepted, 000'1' \vill prepare an "Add-work Agreement" letter for the, City to sign and return, Include in the request the name alld addrcss to whom the agreementletter shall be delivered to. Thc conflicting facilities are located on public ,right-of-way and are assumed to be located by pemlission of public road authority'und noteligible for reimbursement under the provisions of23 erR 645A (Code of Federal Regulations), which can be viewed at the fol1O\ving web site: wW\\'.fl,wlI.dol.gov!rcl1orts!utilguid!. If you 'feel your facilities.have prior rights which qualifY for reimbursement, you will need to provide evidence of your prior rights, sucb an pre-existi!lg easement 01' special fianchiseab'feement, 'and receive written 000'1' authorization to proceed beforebeginn ingany reimbursable relocation design work. It is thc obligation of the State to reimburse the Utility for the cost of a~justing, relocating or removing its facilities which are located on private property. Jf you ,have such facilities, please prepare an estimate and sketch map, drawnon:,ourpreUminary plan sheets, in accordance with 23 CFR 645A (Code of Federid Regulations), This estimate and sl,etch map, alld a' schedule, for accomplishing the, relocation should be submitted to Andre\\< GieSY (address above). 'The sketch Inap and schedule must be submitted whether- the relOcation is reimbursable or not. The'sketchmap must be in sufficient detail foI' use in preparing an application for analllended or a new pennit for yourrelocftted facilitics. The enclosed plans represent the complete mapping of your facilities, both tocatable.and un- locatable undergrollnd facilitics,as provided by your comp~ny in accordance with OAR 952~OJ- 80. You must review thc mapping of your facilities on the enclosed plans fOl'completeness and accuracy., If tllere are any errors or omissions regarding the location o(yonr facilitics on ollr plan sheets, please mal,e the corrections and return the plan sheets to Andrew Giesy (address above). I'uture facility' planning \',ithin the pl'Ojectarea (within the next 2~3 yeftrs) should also be reviewed and verified as to not impact the project. I '1~{~ln\'(OI....II..I!;oI,,',\111+ A!...;., 111",'1;.",.,>.11'''10... 1<lI<ld.\\11 ,"~ ,I A..hl...J.l\.....{-.n~~I" h~ 11.11."." Scott Jolmson December J 7,,2009 rage:) The conflicting fscilitieslllust be ~ompletely relocated or adjusted by May 13, 2010, so lis not 10 delay the construction of the ,project. If yilllr cOli/pi lilY call 1I0t cOli/ply with tIle above cOlI/plelioll date, you /II/1St COli tact me imillei/iately alli/obtaill writtell agreemellt' 011 a revised /'e!dcatiollsclredule. No clrallges Call be II/ad,e to tire relocatioll schedule, after Jiliiiwry 25, 20/(). The relocatio!, schedule will be specified in the project eontra"t documents and your cOlllpany wilt be responsible to meet the scheduie. Your company maybe held responsible for delay c1aiills ihat ,are caused by your company's failure to meet the specified relocatioil sehedllle(s). Sincerely, MURRAY,SM\TtI & ASSOCIATES,INC. Eulgerice Bugingo, P .E. Civil Engineer FB:whh:ahg Enclosures: Advance PJanSheets With Highlighted Apparent Conflicts Updated Utility Conflict List cc: Karen Tatman, P.E.,Projeci Manager, QEI(vi~email; wi eneL) RlISS Norton, r.E., Design Team Leader, QEt (via email; w/o'encl.) Guy JoJmson, Utility Coordinator, QBDP (via email; wi enel.) Heather Howe,StateUtilityLiaison,ODQT(viaemail; w/ocneL) J'U~OJ!("nl"'If"'ll,lN"'I'>l hJ'.... n....~,'<IlI-.n.lI.l1 nl....'1"17(.;,.~ rI"""'::'>.l~"''''' r.<\ ":'b..I..." 11.IJ.lh.J.~ r rnJ' t?!l '-. : ',-\.:.:\1 .oR 11~ t ,ri-fo. .~.1. 'V . I!' ", Ii' 'I ~ ... I 1);/ . _ It'-; ...... Ii' I'" III ":<'I'"" : _ tti:;'V:-,1 1,. j ~. . J~~tl :"I:IJ : t1 ~ 1jfi,t"" 1 '. 5~' I ' ;'0 'J;' ' --iJII ' , .- !j fC~. V z ~. , 9 a: ~ c:a: -<e iJj (/) ~ . -8 ~ &-< (.) 3= i'~ . ::c _0 en c:l ; ~ C7i: I4)z~t; Z(/) g;z. a ii52 c:l ~ l.. Ol'~ ~ o..~. Zo .... '" "'" 0 (!) ..... a: :;:) ~ _ 0..... ~ z "'.. D. 00 t. ..~~S Z(/)O~ j 0 ~ iiJ LILI Z~O 0l[b....J UJ W Ul~ !-OgOa::W>'::;; ~ ~ C7a:~ ,.. !- L. < c:l ,.., "~ Vl Z ~ 0 ~ ~ >r.~ z< ~ ~ () t--<. :x:: LL p:; en ~ <G <( D. (,l. . r.&l :z: Q :5 J i -5 .:n - -\ in> S 1 ,H! i ~ I' - i:, " ! z .ro!. ~-r ~ 'i~;~~ a " . "15 - ~~~~~ ~ i, d UP. ~ ~ " u"!l'i8 ~'_' 'i 3 11 !~ i_';t'~;l . ~ ll- ~ ~ ,i"; ~ if ~H @ - o_-~.o!.- ~~~;a~ .,~ iill!! h.1 {1f f ~ ~;i t ~;l~~f.~ f " ~a z" ~ ....i . I 1 1oI.;it ~ ':.l.... ! z' q,2"! ' ~"~~~~ ! ' ~ lh I ...u~ "HII !' ~. ~ ! 1;' f 1j;;11 &:.. i-l5 ~~~~~ i'i IHI!l ' ~ ,H " .' ~~ .~.\~8~i Ii i~ &!~i;fi3 ~ 3JllH ttl lilt l! ~~ .JO" "' i!iU.r ~ II!" ~:::! ~. ~ . tl'''> i QB . t i '!J' ~!'f .~ o~ ~o; 0:" ,,~ --"'---: ~. n ~ ~ ~ ~ ,- \' f-< . .. urn u ~ ' dA ol~ .' ~m ~ - ci , hl, ~Ii ~ z .... a: ~I !PI " "" ~ " t:)1~ ! (fi'/ ' " w z x j~J z zr 0 ; "~I -<'> 0 z~ li 'It' Z~ 0: .... . hl':~ 51~ ~ s:.... 1: " , I ~... ~~ ~ ~ ~, c:QUl ~ ... ~ "'':.''] .." >" , " w ,; 0' ~ :d, ./ ," "" I 1m OJ f-t~ ulo: ~. ...i!. gl~ ::I~ 0= ..J ~'I~ ~Ul ~ ., , . . ~ ~ . i:',. ~ " 10 o :~ ~ ~ ~ ~ ~ r o " o " o ~, L'i "' '" } > '" .,. :1i- gp::l ."~J ~ .1"'1" ::;;~'r" i. ij!n; .. . .....\. ~,!~.1h :; ~};~t:!~ ~ dhi!~ oC.5tI9,H€ .:!~.I' i;i~~il .i~,'" .. c}J!~ , ~ 1 III ~'1~'1~ ,~ i d !'1 ~ ~_ ~ 8 ) ". i!, ~::l"~"'~ li j!ip ~ CI I--~I' ~ "'g ~~ ~ .,.;;a;l! B E;~..:! ~i:.~;~ ~ luiH ~8.J 2f~ ~'go'~ 2 fDb- g'> ~ ." ~ ~ " ~ it6 ~~'<}~~ ,~ !ii .I ~,~ ~ ... z ;t;:UJ ~ --~ 8 ~!,~:i 8 ih ~ a.!,H c:l i'l jid i~- ~: o II- - ;;r - .' ! ! ~ Ii I ~ ... -~. li'" 0 . g : I~ ! ~ ., ~ · ~ ~~i ~ i I ~ ~~i I ~ ~ ~2!~~-~ t ~:.. .~ !: " i!.~ T_ 0- !I ~~ oc::i" ..- .J C"') l'z ~ ~I ~ .! ..~ ~ .~ . " E=< ~.~' 8 I ~:om:x: l.. 0 itiii 0 9:; t::l.. -0 I-- <11ft en lfl 71 ZZ' t WW Z << 0 !:; a: e .-> ." ,,~oi:!lfl <c LV <il ,~o~ CI '3= .~. ~ ~ g ::l 0 Z::c .~ t i5E=<,~ ~~., .,::S,. .~8~ 1-<1', e'l i <il ~ ~ ~~' ':X:u ~ ~ u ~ 1 ~o ~ ,~~ ~ ~ ~,.~. al!1 gl'" ,~ f-<Z d F U 0 = d Q., lil '" E-< j, Ii: (( :z -' <C A '" + Z ~ oii!: - ~..., -I..: ""If! r.rJg~ ~ ~~. ~ ~ ~. ~;;j :> C)I"'~, z~< F< a:ci';:::OO z~ IIJlfl ~' Cl i!!: !:!:! -I~ ..d z::> z, ...., Cl' Z..J :;;.. · 1::; ~I~ o :::I -~ ~ .:0 ~ . ... -J~ ,J J.u..- '5l ;;.,J h UJ>~ 'r~ ..~ J;.r ,... ~ J ~ C) tIJ ,~ ~ Il,.. , .. , J" laJ -;; . ~ . :;; ! * i o j >< _....::: i'i ~ h . - .g l.1Ut., I ~i -~~ o 27.: ~ ~ . ,~. - f!: ~ '. .; r!~ liJj o " ,...--:;r;_..-:: ~ " ~ el IIJ,! a Q:; , Q.,! . . . '., '*' _Of '--- o. .~~r~~I.~ _1m _~ z'" Z< t51~ ~lii ~ I Ig el~ IIJ' ...~ ~Ii ~ ""I~ o. 01" ~~ ~ ~ .. ~ " , . ~ ~. o o , ,- f, "f " . ~ ., . ~ o " " ~ " '" ,0 <;' > ".'i o - e ..... foil ,- . 11'1" lJ S ~ ~ I~.'!I , >-1 ~...I n ... f-< ll.C~- - ~ g~~ ! ~ g~ IX) <( " 0 ~~ . ~ I/ll f!.' ll. 9, ..--,. CJ _ iii'" >o:t" - ~ . O)t lJJ C ..- ::c '" ~ Z" a: ~ ~ tJ) i g ~ g i=! a: s:2 CJ' ~ 1r 0:: ~ ~ g c W ~, z !{ 0 L~ j!: ~ - a: :)~, _ '" p *'" _ ~ ~ uO 0 o ;I(~. ..., ('1,1 )- ry~W Zz..l ... w"'" Cl 0- ... f-O ~,,-=: t5 :::x:: ttl !'.Ill: ;.J < ., ,:0:: - a: ~-=: ... f- ' 7.(i '" (I) U ' .. ",E-<~ a::;i Cl CJ ~ ') Z ':2:Z: 0 W Cl~ - Z "'" ;1!;,z ex: <( ,e, c- Q.. 0 E-< ~'~ (l)ii: ~ Cl:::!:Z (3 ~ -w<( Q.. ~,W Q. W za:: Q * ~ .:n ...l!. o lt1 .~ :) . ~ :c. ~ 'I " ~ ~ (J , ~ t ~! -I' \5 - x i !,'~ ::g ~ al' ~ .~ ~i~ :: !I~ , t' - '= ~ ; j "l ~ ~ ~/ ,I gn, JjS1151~ &~:8': a iI~!i:;: '" . - _"21~ ~~t;'" ~ ~'a;~~! , ~,j:!d~l~ " 'I,ll;. 6:- iI'S ...CO' ..-.8 <,! 'U h"i., .. an~ i I ~jl "''''''''''''''' ' '~l ~ '. "" '...1 ,~U. ""o,~ "" . '1'1" ~ 0 ~"! ~ ">I"~~ ~ .~-"i ~ '~, 8~ ~~.;.~ II.!!L .!l~~ ",r. ,,!-ogo'''!- c f~ ~. ','~6 ~ ..... ~ ~,~- - ~~~"'~ Hh!1 ~ ~. U~ ~ "l"'i g ih ~ 3M JI. crJ t"l, liu i ~ i i ~ ~ i I ! . I Ii .; ,; 'J '" _z_'-: ~ " ~ ~I ellm- Ol"! !:t:'" ~'": '\, \. .' ~\ '.~ . \' ' . fil-'U...(I";-,-!j/ ,IIVl1l,t:,j :r'v. '..", l'l, x' , E-P7 '" " ~ j, ula:' '" \.:" J\k:'~~.. <l "\" ~, f ~ ~ \, -\~~. ?;<'\"'-"- ~ '~I;,))gl~ ! " '... .... ~ ~ C. N _, \. -"-",.,_ gig "\.. 'c..I~' ! \. _ ~ ;;.0; \. .......;. .. .,... .J '~I~ .!E'I~ Q," W '" z~ WIJl ~ ("j i4"":' (. " ~"> _~i ...'%" lOU' :~E u" ~. ~ . " " o :~ j ,i H ;, .. " ~ u j! ", ja ~~ ~I ,0 i: ~ , " J ~ . ~ ^ ~ ~ R f, ,5 t ~ , ,. . ~! ^ 0, '!; , ~ ~ , " ~ !I " , . , = i /' /-1' " ~ I'!!! 0 ;; g ~ ~ g. ! ~- ~ I: ~gi " ~ g~ ;~~~I ~.: 8.... ;.'!e~i' ~ C!!l ,~j" - : n ~~ II g~ CII"" o ... - ..... /Il'l - ,~ " ~, " .~ ~i -:i ,; uI z -' "~ l~ u' u; :!l r' N "'- ;; g d o "' ,. w ;;: ,., wW z...:.J. --' -, <( , > <(. , V> ,~ . 0. '" <l '" W U Z <l w'" z~ -z -'w in'" ~,..z l! . l ~ 1 , Q g iii , ~ ~ '! .Q t! ~ ~1 o [, [, , ~ " ,. x ~'2 -... -'- ,u "'<( , .. --- -.-:----------------------=--~------:~~l [WI ~ " i' v " g; ~~~ ~ :: - ~ . I -1!~ ~ 5 i .:: tr" . t .. . Hi ~ ~ ::. lH : o .;;t:j ~ ~ ~~. .. ill ~ <;> t1Gs i'" ;" .!,;, ~ I i"a le~' UI i01 -5:" ~U = ~.~ a~l!~~..! ~-~ .~.... s~ ~ it ~~ II ~S ~ l!~-~, ~ fitl ~~~ Y" ::> or 'I ~~i.,~~~! ~~~ S~! ~. ~.'~, ~~!,'ii~.. ~!l,' ~~. .~~ m. fh il~ ~.~~ .i,H, ~ ..... 110 ..:.'5<( 2~H --::~ ,;,-z~.~ .'~ ..1. ".8 !i~ ~ i!i: t 0" ........ "'~ ~~~J!~ ;;~~ ~~i~ ~l'l\",-=~~ ~i ~~~ ~~~ ~ltl t:_:!~ -~~ ~.':ig ~ z po; _, 'l,;, ~'~~!.-!IO .~~~a~~~~ ~. ~!:!.-."'~~~ 1.._ ~~~a~~~ !t~~d:~~ "L,,. l:.~~ 0 llt' ... ,.,___ ,...,-- , --- '~~ '3 ..~--" '1l~-- ,., .-, ~ ~ _ ~~2~!:!~ ~ ~6!2t;!#!:!~ ~8~2~!:!!::! ~6 ~a~~V.~~ ~~l.,~~~ '&.5 ~;t~t' [__ <II ... o e e 0 e e' 0 ."" 8"Q ~ a -~.'t1,J ~\i'" 'l<~' :i~. h. ~if" :~~t~ o 2 ".;; " ,~ o :E ;i uI ~ , a' ~ " vi , m '" '" :!C. ~ " . '" j. ~ ~t ~~ -t" H- ." "",:::" ,S ~ '-C!. It. J.'.'l~ .. ""':';' "1) ..nJ:f~ ;6 ~.- ,J ~'o:.~J1~ , ("J ~~. 'll~)O ~t\',)\2 S1~' ;,: ~ 1<00 ..-;\0 ,~ -A -z-______ L~._. -1 I , ~ i(~ 0 ~ ~ !! i - ':' lit ~ - , !.: :r:~.. 1 i ~IB IH = ~ ~ E"~ L. - ,~ .- I:' In - B - I i 1 !! ~ - I 0 I - 0 ~. i? " i! ~ 0 m I ~ I ~I a~ i ~ mJ ~n ,-,.lJ' tii f.I !.~ li~ I?,l '~l!' i~!~ , ...... p. .:::: aI - ~ ~ , ,I.. It -~H ~~, ~'uh~!! ~~. ~~i _~i ~~. ,:It ~!;i~;!. ~.A~;'l'~~!!!! . ~ ..?...... JI :O;!:!!:! ;a.8!~..!:!!:! liI:-. _. o e _~]'''o - ., ~-- ( \:---.,..----,,-.,. ~ ,: ~ ~ ~ o. z ~ ~ o .... .,<' r II II U ~ / ------- "H" 330+00 ... ~ :E ;i ~ uI 'I" ,j\; v ~.;.'- , , , .,1 ;i ,fJ1,~ I :: -<; 'i:j -, 0 I d .~""" (. -U---~I ~ ",j-h l ! ..J.~ J ~'~t J~~ ~~~;;;-32S+0 ...1, ~.O SrA, 1"1I~151 n -1 t./\ 'I I c..L ;t ~-- 'J~ ~I L_.-- (0)d1' 1 .~ i\.~-d.' a: vi gj '" ". " ~ t . hJ Z :J o q o ~ " IV!! , " .. I 0 z I ~ " I " .g 1; ~ ~ I ); ~ " I n .i ~ I :. I ~ ~ ; l: ... :z :. "' z ,J . ... i f~~ l,~ N .1~ d. 'b . o ~ '<2 '1-l~1 320+ 0 r[~ !o I I 16. i - I I 1 I, I ! i ! I i i ! 1 I " i ,: i uI ! a: I * I ...=: I - d ! ~ I '" I I , -------- --- ~, . ~. " I . ~, I.~ . ~l~ 9 i_. ~d~~ "~)11 ~a~li~ o ''L'' 1568++88 . ;'J" 156 BEGIN " WORK AREA STA. "L "'559#60 , I I ,I I I I Ii I J (Ir: w I I z I I ::; II ~ ,I 1 ,I 1 \' I , I II I I. I II I I I ~I: : 1 I 1\ !@: 1\ ki 11 il I ,u I I ~'.l \:1 I I i ; : : ~ I' I I I \, II I II I I I I ~ w II I ! ' 5 II : . ,I I r I I 1l-l li I, \1 I , \1 ! I ! I . , I I I ; I "L" 1555+00 1 1"1550 ;" +00 I I I I I I I I I I I I I I I I I II I I. I I' lel'l lip I I": II I ~ I I ~ 'I I;; I .I~ II I II I I I I I .I I I I II~ I 1 I 1 I I I II I 1\ I I : ii" I I I I I II I 1\ I I I I. I I' I I( I ,\ ) 'I I I I II I I I I ~ , I I J , 'M" 1560+00 _I-- w Z ::; . ?- ~ $ ---_._._--~--------'---'I ~ ~ Idt ~ ~ ~5~ ~ IlW e~A " ll~ =~~ 15 r i ~ ... : ill ~ 0 " ~ !Il :' lu ~ Ii) Iii ~. . - a o 2 ;'.!.. <~ .~ o i i i 1 i I I i k " .. o " ~. , o 'g ~ " ::i * , ~ ~ , , ;; II! 1\ , ':J Jj " , ~ ~, ~ 'ft'" &) (It' - ;' ~~ ~!'~ e' ~"'l- ~.& "t\fD~~ ~ ~i.~l::.~ . ;-1,<~V~' .... .....:~__..li~d. It '.!tiiqti~:::e. 0'~ ;;;~~~~~i.i~ - e-- - iii - I I I i I I I I I I i , i I I I "~1" " yl1~3ri- ......11 llt;-tILc;l..r.. l II ..-Jill' ,r).1 vrt - ...-." J11:l \ .../' il'l ' ~ \" II ':'. ;. III c.:i' II /\ III 1." 1570~O / \ II "J" \510'+OQ)" \ U~ \ 11 ';' \ III ;s: \ II ill \ III a' \ II vi \ ::1 ,lll \ II~ ,.: \' \\~ ~, \ \\ ' " \ \ I' ~ \ )1/ J~l 'L 91 ;;;.1 , . 'I ,b I " \ \ II ~ ". \ ,}I ~ I " \ i I~ : In I~ I , " I t \1 ~'I 'L 1565+08 \ (,1 \I I "J" \565+0 ~ \ - \]\ : J \ "'j I / ~ I i / ~ 'j \ : --...../ ~ \ '''--1\ : ~ \ t, $1 I ~, r\ ! ",ll, ,~I I 5 it r ~l I t:,I\ i I -11 I I I I I ! IN 1..__- " II 11 1'\\\ If; ,Iii I~..e / t :ti j... , ______ ~ i --.....-J ' " G" sr! ln~' '--.l:..vttis/';s _-J/:Jl"rt. It t'1 I I I I I I I '\ w z ::; , t .~ "'g' ~ ~l I ~.~ " ,~~ ~ u. < ~5 '~" . .. .~ ,~.9 !~I i'~~ ..;~ iH ",,,, n. !ll"; ,1'1 ft!I.3 \ . . '~I" \5 . 65+0' , 0 \ . . \ \--- "-. z !:l I ~ i3 - '~ ~ ~ ~~ ill a~ 15[!J !l1 o. . .' \ ~ if~ -I ~ I 0 I 0 '::! h~ G -, ""... ~ ~it !U ~ ~~~ J'l :! 5~~ ;;: ~ !i,i, ~ I :::~~ , z. 'p ~ .. .J - i ~ . ~ iii . I w ; w . I a I I I 1 I I I I I I I I I I I I o ~ ? . .. ~ J ~ , 8 .. o ~ ~ , ~ i~ " - I I II : II I \1 I IR i II II 1\ w I Z : 1\2 I IR,-' .' I I \ " \ '1("1580':'" ; I I I I ; '1." 1580+8~ g'/; I : . I \ I \\ -,oJ> 1 g " (\ I I' \'N\" 1589+00 .,J ,', /1 I I r :11 J IiI/ (I I I II I. ! II . J,' g I / I I II I~, \ > \ \ .... Iii/ ( I I I. , ' \ /,~/iii'-") I , / I I I I \ II : $.;: ~. ...... ~ I g U ( I I I \ ,1\1-,: " v" S'-H I I I III ~ '- ! - >..-;;.t. ;'1/ J= ,:-::t-'~. .I~I_-\ ,~~t.,. j..:,_. ____ I I w "..~.... ...., "f \ ......1....,......, , J\r /' ---- II! II ~ ~ \ 1"\ ) I I II" ,:, I \', ~, I II ~ ' .,' II":J 11 u i ~ . '. J II ~ u" I I\~ ) III U I;;: II I P. I II;;: 'I ,\j II I I '. III ~ 'II I I'. J:/J HJ II. \I I I '. ":f'S/"" ! II. II I \ ... ~'.;.~)575+oll :i \ \ ...." ~.' II I .1 /.... ,I II ~ I r ......' II \"'''"~ ~ 1\ OS\"LS\ ,,\I.. \\ . "!fo"I,"!...1)'. 'i. II ~ -.. II '.~..\ .".;J!!..... - ~ "II . .... /r ,..., II ..' ~ ,. ">,, rrn ltiJ .' 8.' "" ~ " ... ...... ;::'2," fi ~ .R ~. · ~, . · ~ " ' -- > ~ . ~"~" "2 ,~ -~, ~ ~ _ _. I..;~ <s. 8.' .!f.. I .. ,', ~." ,..."" " ,'. - '~i ,~~ ,t "f~. '~~.~~f ~ { .~ ~i " ~'~~ _ 1;, ~~ H~7~! ~~! ' ~~. ~ ".~ ~"l;~~l~~ ~~ ~~o~~.~ <~i~~ "! ~ ~}~ " ~'~3~","' "i' ,~J-!!.~~:.,. "~iilQ~..!.l . _..B-~" ,.' ,".-..~ ,,' ,- -.! o --"- .1\ ~ .~~~~~" ,a~' ,k~ " e "" '" "__.~~a ~A,g~' ',3~~, IV \:!.I 0. ,~Vid1,.l'$"-: 16 e- , ~ "'8 ~ll! \j!'.! H~ ,~. ..1 1'" ii' ,,} ~~ :~! ...)~~ 1:::."=0,, ~"':l'J w Z :J 'I II 31 ~l ,li JI JI :11 a' :1/ ~I il , " ~ € ~ :E ;i ~ STA."t.. 'S80~90 IIi Ii vi m '" '" i " . '" ! !. c .. " I' .0-Jf ~ I. ~.'. ' /111""'l ~ 11 l z ~ _ ;t... I II c" ~ l;l~~ ,~ Be ~~~ a w<' "ffi Ie. ,l'i :: ~ ~ , h~ . ~]! IU .:at .... Ji~ :: ill ~ ...};S t..... !ti ~ ....~ Q ]' ; ~ ~ . i~ g -~ _ 0 " '" I I I I I I ! I I I I I I I I ~ ! ,I ~ ~. j ;; n , ~ , o ~ / ~ . , , o 3 ii i1'\" \?1S~OO fill rl - _~l <(>2- cr o ~ '00 , st" " - - ~ t~ u--' l;:_~ - :~~h ",0.."" Q.;Q:Q) ..J1U::C:: ~<si8 <;;~~ l2t\i ~<! g:~ Vl ~ ~ - ~ ~ 11- Ig !: ! l'l~ II ~>. lil~ ',J ~H UII e~fti IQ ,J,i I: ~ q: ':=1 :.. ..... ~ .... I ~ 'H;; IJ,.qS' i ~ ::,1 * , ,I ~ ll:. ~ :;;:;::; -1~~~ ~";:~ ~ ?:}"'~ ~ ~ i~l~ ~9'o ,~":\'5 ~ 1,,"'0' v~ -:"'! I ~~X'J ",%J/ ,~K"W' " v' <S- w z ::; " " ,~e \I'?' . #.'I'~\l? Jf{~~~~C<- " < ~ " ~I 0, 21 . , I ! ~'f ~h ~ii 1 ~ ... :0 ~ ~ . ~~ U . 2 ~ i- p, .~ t " . 2 , "' !! P' .'1. > ~, , 3. " ," ~ .' o ~ ., o ., 2 .; f , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . , , , , , , , , , , , . . , , \4>> , . " ': , , ' . ' . f,' : ' , . , . , ~ ,.{] " , ( , , , , , , ~\ , ' o ,rl\ ...... : , 1'1-. ' - ....... : lNl ' " - , . ., , , , , , , , , , , ')- l ::e. J\ ., 1 ~ 1 u) 4l& " . t t > ...... /'" ...'" ...... G , ' . , , . , , , . ..:;: ,M - - . I ~. .. ,- = .... ..' ~ "0,-.- ..... u e.. -t ' 'co I ~"" .-.~-.-..::; ~~;~ :,::~- - . . ~ - . . . ----- ..' .,' ~ - ~ . . . ~ . . . . o /,\ : P,:J I f\J . llf:) " , , <' IU fl' , .CD J>>Q-.<t8rt: uH,. ~----- ~ ~, t ~ I- --'8--f---\'-- f ~ ~ 9- N g u 0 I I L I' j a 3 jiit I" , --~! , '" ~ ~ l"J I' W ~ i fl ; ~ ,> .~ d .! ~ ~H ~ 15~ I! ~>,> . n!fi~ H ~H U U 5d, ~_ - ~'P ~ '.t;':1 .!;, Ii! ~. "!F: ~. ~ ~l ~ iit,.~ -1 ,to; ~iij c~ I , ~1:o ;~~\~,:~! I ~\.: v~.:!,.;le I ~\;J"I....":'I ~ ' 0 ~! 0}' :1'0-':'; r _1 19j,)ol>.s- . '" {Vi (~ ~ E.,I: l:i ~- (f'" to - ilO"> - - ., '" iO , ::: ~~ Q>!l uo..: .l;:~ ::.e.(J~ "''''''' <to. <tB! -Jlt.J--., ~G~ "'~. i:;)- -.ct e "'- ",,,, <0. ~~- V> <0 .... * ~.. "j ~ l :li " l;1 '" ~ - I~l I I I .ll\ ... . .~tl.Slsa _______~clf~~lr R/'I'P .L'.s- ~ ~-- - w z -' , <8 ~ f' ~ -@ . --. '\ w 3: -' r: II . , 1 J . ~ ~ ~ ~ :1, ~ ! a. c 5 c ,. . o , ~ .s ~ f, > " , ~ J " ~ g ~ . " , ;: .t o cr o ...... ref- - ..... ~ , . , , ~. I I I I , .1 ~@ - , ... o o S ~ - , , ~ , , , , , , . , . , , , , , , , , ~ " " -' 't: N \0 10\ o ,.....--I + 'fI- ~ .~ I " -\; ~ ~ ~ \'! g ~ ~ Ii. ." - '"C '0 .1> iH'1 << ~~ !--..i d... ~6 . '1 t:ol ~t fe~" "'~ nH H Hi ,ck WI 1,,;1 "& .r . ' !,1! t'e it': . ,II ~ . . . t"'l J"d,: < . ~ Ht ll~i I';; J:6'!I. l.'j 111' ~ -~~ ~h ~':!i .! ., ilH I G~ '" " iF , G "l 1 ~ pit -;.j' , . iH 0 ! 1 J. I 1 " . . ~ 0 ... . , !-" '" ~ t >-l !-" . u l Cl ... ~ z 0 ~ u i:: ~ , , >-l ~ !-" i ;0 ! ~ . .' . . . , ~ ;;; . ];!; ~'-"} .= :;-,:n:,. _u .~ 0 ~~. H r." .~ ~ C\ ~!.(~ ~::ft; .. u~~ ",-ll: E :2 j;' t .; ::,('c Ib' 0; t8&- j I , ~ " s ~;. ~~ ,! , . . , f > , , j! 11 Ii j , ! " I' t I of .~ !. I J , ~' . I i. l" f~ n ...',. I"~ d ! r ~-~ ~ '~.s c ~'.., l: iH rl~ eH -~~i ~H~ ,;'lj j~" '" J!'~~'~ g,n lipi i:.iJ! t~ 'i $ ~,!t_$:l 23'~ ~ 18!~ te - ~ ,.Ii ;+-ii rW ~Je] ~7. ; ~ 5': ~ ~ f:lt~ i ~ f i ~J~ ! ~. 11' J2.~, H~ -;j;, ~ :. l~~l ;,' ,d., ~ ~j-~~ t:....-I!al? inn > II"' E' j iiW .1 idH ~ a.-;l~ J- ':i~ g~ .... J. ,tl~'b.~ iJ l5l ~ ,. ! ~, :;: ~ =-;;,!! - i I ., 1 . . f ~' , f l 1 . . IJ ,I .!J , . 1 i ! , i , i .. I ! j I i 1 j i I , I I H J,l ~~. CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Electrical Engineering Services January 5, 2010 Primary Staff Contact: Electric E-Mail: Purchasing Secondary Contact: Martha Benne Estimated Time: Scott Johnson johnsons@ashland.or.us Kari Olson Consent Statement: Will the Council, acting as the Local Contract Review Board, approve the additional amount estimated to be $15,000 to $25,000 for engineering services required to remedy the conflicts between the power facilities and I5/Exit 14 bridge expansion project? Staff Recommendation: Staffrecommends that the additional amount for engineering services be approved. Background: A Special Procurement was approved by the City Council, acting as the Local Contract Review Board, on September 16, 2008 to directly award a contract to CVO Electrical Systems for a period of three (3) fiscal years beginning July 1,2008 and expiring on June 30, 2011. At that time, the estimated cost for the services was estimated to be $35,000 to $55,000 per fiscal year for a total of$165,000.00. The additional engineering services that are now required to remedy the conflicts between the power facilities and the I5/Exit 14 bridge expansion are anticipated to be $15,000 to $25,000, which will be in addition to the previous amount approved by the City Council and directly awarded to CVO Electrical Systems. Related City Policies: AMC 2.50.070 Procedures for Competitive Bids All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C and the Attorney General Model Rules, OAR Chapter 137 Divisions 46 - 49, except for the following: Special procurements as set forth ORS 279B.085 and herein. ORS 279B.085 Special procurements, (1) As used in this section and ORS 279B.400: (a) "Class special procurement" means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065 and 279B.070 and is for the purpose of entering into a series of contracts over time for the acquisition of a specified class of goods or services. (b) "Contract-specific special procurement" means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065 and 279B.070 and is for the purpose of entering into a single contract or a number of related contracts for the acquisition of specified goods or services on a one-time basis or for a single project. (c) "Special procurement" means, unless the context requires otherwise, a class special procurement, a contract-specific special procurement or both. Page I of3 r.l' CITY OF ASHLAND (2) Except as provided in subsection (3) of this section, to seek approval of a special procurement, a contracting agency shall submit a written request to the Director of the Oregon Department of Administrative Services or the local contract review board, as applicable, that describes the proposed contracting procedure, the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth in subsection (4) of this section. (3) When the contracting agency is the office of the Secretary of State or the office of the State Treasurer, to seek approval of a special procurement, the contracting agency shall submit a written request to the Secretary of State or the State Treasurer, as applicable, that describes the proposed contracting procedure, the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth in subsection (4) of this section. (4) The director, a local contract review board, the Secretary of State or the State Treasurer may approve a special procurement if the director, board, Secretary of State or State Treasurer finds that a written request submitted under subsection (2) or (3) of this section demonstrates that the use ofa special procurement as described in the request, or an alternative procedure prescribed by the director, board, Secretary of State or State Treasurer, will: (a) Be unlikely to encourage favoritism in the awarding of public contracts or to substanti[\lly diminish competition for public contracts; and (b )(A) Result in substantial cost savings to the contracting agency or to the public; or (B) Otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with requirements that are applicable under ORS 2798.055, 2798.060, .2798.065 or 2798.070 or under any rules adopted thereunder. (5) Public notice of the approval ofa proposed special procurement must be given in the same manner as provided in ORS 279B.055 (4). (6) If a contract is awarded through a special procurement, the contracting agency shall award the contract to the offeror whose offer the contracting agency determines in writing to be the most advantageous to the contracting agency. (7) When the director, a local contract review board, the Secretary of State or the , State Treasurer approves a class special procurement under this section, the contracting agency may award contracts to acquire goods or services within the class of goods or services in accordance with the terms of the approval without making a subsequent request for a special procurement. [2003 c,794 S57; 2005 c.1 03 S8d] OAR 137-047-0285 Special Procurements (1) Generally. A Contracting Agency may A ward a Contract as a Special Procurement pursuant to the requirements ofORS 279B.085. (2) Public Notice. A Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as public notice of competitive sealed Bids under ORS 2798.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement. The Contracting Agency shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. Page2of3 ~.l' CITY OF ASHLAND (3) Protest. An Affected Person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0700. Council Options: The Council, acting as the Local Contract Review Board, can approve the Special Procurement or decline to approve the Special Procurement. Potential Motions: The Council, acting as the Local Contract Review Board, moves to approve the request for a Special Procurement. Attachments: None Pagc3 of 3 r.l' CITY OF ASHLAND Council Communication Planning Action #2009-00784 - Annexation and Zoning Map Change from Jackson County RR-5 (Rural Residential) to City of Ashland E-1 (Employment) and withdrawal from Jackson County Rural Fire Protection District 5 for an approximately 1.02 acre parcel located at 615 Washington Street. (Ron Rezek/Modern Fan) Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Meeting Date: Department: Secondary Dept.: Approval: January 5, 2010 Community Development Legal Martha Bennett Derek Severson seversod(ZiJash land,or. us Bill Molnar 30 Minutes Question: Does the Council approve a request to annex a 1.02 acre parcel located at 615 Washington Street and change its Zoning Map designation from Jackson County RR-5 (Rural Residential) to City of Ashland E-I (Employment)? Staff Recommendation: At its September 15,2009 meeting, the Planning Commission unanimously approved an application for Site Review approval to construct a 17,650 square foot warehouse/light manufacturing building and associated parking areas and landscape installation, and a Tree Removal Permit to remove eight trees greater than six inches diameter at breast height or greater. Findings, Conclusions and Orders of that decision are contained in the record (pages 12-22). Additionally, the Planning Commission found that the application complied with all relevant approval criteria for Annexations as described in the Annexation Chapter 18.108 of the Ashland Land Use Ordinance and unanimously recommended that the Council approve the proposed Annexation. Staff recommends that the Council approve the request for Annexation. A discussion of the application as it relates to the specific annexation criteria is contained in the staff report in the record (pages 29-43). The Council may consider attaching other conditions which they deem relevant to meet the criteria for approval. Background: The application involves the annexation and subsequent development of a 17,650 square foot warehouse/light manufacturing building upon a 1.02 acre parcel located at 615 Washington. The proposed building would serve the applicant's adjacent Modern Fan business located at 709 Washington Street. The property is located within Ashland's Urban Growth Boundary, but outside of the existing City limits. The Ashland Comprehensive Plan identifies the future zoning of the property as the Employment (E-I) district. Washington Street is paved along the subject property's frontage with a narrow gravel shoulder and an overgrown roadside ditch to convey stormwater. The subject property's frontage lacks curbs, gutters, sidewalks and parkrows. The Planning Commission determined that based on the submittals and exhibits presented during the hearing that adequate transportation facilities can be provided to and through the subject property to meet City of Ashland street standards with a right-of-way dedication by the applicant. However, the Commission further found that given the presence of an identified Page I of2 r~' CITY OF ASHLAND roadside emergent wetland on the adjacent property to the north and its connection to the drainage ditch across the subject property's frontage, the proximity to the Oregon Department of Transportation's Interstate 5 freeway right-of-way, and a significant drop-off between the existing Washington Street improvements and the freeway below, it was ultimately more appropriate that the street improvements in this vicinity be deferred in order to allow them to be comprehensively planned. As such, the Planning Commission imposed a condition to require that the applicant provide an estimate of the cost ofthe required street improvements along the property frontage and that a cash deposit or similar approved security instrument be provided to guarantee their installation will occur once a comprehensive planning process for the area street system has been completed. Related City Policies: Comprehensive Plan Police VII-l The City shall zone and designate within the Plan Map sufficient quantity of lands for commercial and industrial uses to provide for the employment needs of its residents. and a portion of rural residents consistent with the population projection for the urban area. Council Options: Council can choose to approve the request, approve the request with conditions, or choose not to annex or withdraw the property from the jurisdiction of Jackson County Rural Fire Protection District 5. Potential Motions: Move to approve the request ~nn~ot;nR and '.vithdrawat'from Jackson County Rural Fire Protection District 5 of an approximately 1.02 acre parcel located at 615 Washington Street. Move to approve the request for Annexation and withdrawal from Jackson County Rural Fire Protection District 5 of an approximately 1.02 acre parcel located at 615 Washington Street with the following attached conditions. ~ove to deny the request for Annexation and withdrawal from Jackson County Rural Fire Protection District 5 of an approximately 1.02 acre parcel located at 615 Washington Street. Attachments: The record for Planning Action #2009-00784 Page 2 of2 r~' CITY OF ASHLAND RECORD FOR PLANNING ACTION #2009-00784 PLANNING ACTIONS: #2009-00784 SUBJECT PROPERTY: 615 Washington Street APPLICANT: Ron Rezek DESCRIPTION: A request for Annexation and Zoning Map change from Jackson County RR-5 (Rural Residential) to City of Ashland E-1 (Employment) and withdrawal from Jackson County Rural Fire Protection District 5 for an approximately 1.02 acre parcel located at 615 Washington Street, COMPREHENSIVE PLAN DESIGNA nON: Employment; PROPOSED ZONING: E-1; ASSESSOR'S MAP #: 39 1E 14 AC; TAX LOT: 200. DATE . ITEM 12117/09 12101/09 10/22109 10/01/09 09/29/09 09/15/09 09/15/09 09/15/09 09/15/09 09/11/09 09/03/09 08/17/09 07/31/09 06/17/09 06/17/09 <1 -: ~ . '{'1. Notice of Public Hearing, Related Criteria, Mailing Labels, Map of Notice Area Plat Map & Legal Description Applicant's Submittal to address Planning Commission Conditions Notice of Decision Findings, Conclusions & Orders Planning Commission Minutes Planning Division Staff Report Staff Exhibit #1 Notice of Public Hearing before the Planning Commission Letter from Talent Irrigation District Tree Commission Planning Application Review Applicant's Findings of Fact Dept. of State Lands Wetland Land Use Notification Form Irrevocable Consent to Annexation & Annexation Agreement Applicant's Submittals 1-5 6-7 8 9,11 12-22 23-28 29-43 44 45-48 49-50 51 52-56 57 58,60 61-70 ~~, CITY OF ASHLAND Planning Department, 51 Winburn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541.552-2050 www.ashland.or.us TTY: 1-800-735-2900 PLANNING ACTION: 2009-00784 SUBJECT PROPERTY: 615 Washington OWNER/APPLICANT: Ron Rezek. DESCRIPTION: A request for Annexation and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning E.1 (Employment), and for withdrawal from Jackson County Rural Fire Protection District 5 for an approximatelY'1,02.acre parcel located at 615 Washington Street. Tree Removal permits and Site Review approval for subsequent development of the site with a 17,650 square foot warehouse facility to serve the adjacent Modern Fan business at 709 Washington Street were approved by the Planning Commission in September of 2009, COMPREHENSIVE PLAN DESIGNATION: Employment; PROPOSED ZONING: E-1; ASSESSOR'S MAP #: 39 1E 14 AC; TAX LOT: 200, ASHLAND CITY COUNCIL MEETING: January 5, 2010 at 7:00 PM, Ashland Civic Center -.;j [OJ i ! (:-;/ ~ -v :-/~~ ~:~~ ,if'~~ '~<~)-o l2:k~xu , ~~~ ;o~ ~" ..,,:-;;' '\'1. fIi ! "'0\\ \~~ ~~ ~, f'"7.:7~':':::C;?~'1 '-~ o 81." "5 300""'1:1 Notice is hereby given that a PUBLIC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the ASHLAND CITY COUNCIL on the meeting date shown above. The meeting will be at the ASHLAND CIVIC CENTER, 1175 East Main Street, Ashland, Oregon. The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, either in person or by letter, or fallure to provide sufficient specificity to afford the decIsion maker an opportunity to respond to the Issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other Issues relating to proposed conditions of approval with sufficient specificity to allow this Commission to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for Inspection at no cost and will be provided at reasonable cost, if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department, Community Development and Engineering Services, 51 Winburn Way, Ashland, Oregon 97520. During the Public Hearing, the Mayor shalt allow testimony from the applicant and those in attendance concerning this request. The Mayor shall have the right to limit the length of testimony and require that comments be restricted to the applicable criteria. Unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing. In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at 541-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.192,,35.104 ADA Title I). If you have questions or comments concerninQ this request, please feel free to contact the Ashland PlanninQ Division, 541-488-5305. G:\comrn-dev\plaDninll\Nol~s Maikd\2009\2009.00184_Jan5_2010_COUllCil Notice. doc ANNEXATIONS - APPROVAL STANDARDS 18.106.030 Approval standards An annexation may be approved if the proposed request for annexation conforms, or can be made to conform through the imposition of conditions, with the following approval criteria: A. The land is within the City's Urban Growth Boundary. B. The proposed zoning for the annexed area is in conformance with the designation indicated on the Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an allowed use within the proposed zoning. C. The land is currently contiguous with the present City limits, D. Adequate City facilities for the provision of water to the site as determined by the Public Works Department; the transport of sewage from the site to the waste water treatment plant as determined by the Public Works Department; the provision of electricity to the site as determined by the Electric Department; urban storm drainage as determined by the Public Works Department can and will be provided to and through the subject property, Unless the City has declared a moratorium based upon a shortage of water, sewer, or electricity, it is recognized that adequate capacity exists system-wide for these facilities. E. Adequate transportation can and will be provided to and through the subject property, For the purposes of this section "adequate transportation" for annexations consists of vehicular, bicycle, pedestrian and transit transportation meeting the following standards: 1. For vehicular transportation a 20' wide paved access exists, or can and will be constructed, along the full frontage of the project site to the nearest fully improved collector or arterial street. All streets adjacent to the annexed area shall be improved, at a minimum, to a half-street standard with a minimum 20' driving surface, The City may, after assessing the impact of the development, require the full improvement of streets adjacent to the annexed area. All streets located within annexed areas shall be fully improved to city standards, Where future street dedications are indicated on the City's Street Dedication Map or required by the City, provisions shall be made for the dedication and improvement of these streets and included with the application for annexation. ' 2. For bicycle transportation safe and accessible bicycle facilities exist, or can and will be constructed, Should the annexation be adjacent to an arterial street, bike lanes shall b,e provided on or adjacent to the arterial street. likely bicycle destinations from the project site shall be determined and safe and accessible bicycle facilities serving those destinations shall be indicated. 3. For pedestrian transportation safe and accessible pedestrian facilities exist, or can and will be constructed, Fuli sidewalk improvements shall be provided on one side adjacent to the annexation for all streets adjacent to the proposed annexed area. Sidewalks shall be provided as required by ordinance on all streets within the annexed area. Where the project site is within a quarter of a mile of an existing sidewalk system, the sidewalks from the project site shall be constructed to extend and connect to the existing system, likely pedestrian destinations from the project site shall be determined and the safe and accessible pedestrian facilities serving those destinations shall be indicated, 4, For transit transportation, should transit service be available to the site, or be likely to be extended to the site in the future based on information from the local public transit provider, provisions shall be made for the construction of adequate transit facilities, such as bus shelters and bus tum-out lanes. All required transportation improvements shali be constructed and installed prior to the issuance of a certificate of occupancy for any new structures on the annexed property. F. For all residential annexations, a plan shall be provided demonstrating that the development of the entire property will ultimately occur at a minimum density of 90% of the base density for the zone, unless reductions in the total number of units is necessary to accommodate significant natural features, topography, access limitations, or similar physical constraints. The owner or owners of the property shall sign an agreement, to be recorded with the county clerk after approval of the annexation, ensuring that future development will occur in accord with the minimum density indicated in the development plan. For purposes of computing maximum density, portions of the annexed area containing undevelopable areas such as wetlands, floodplain corridor lands, or slopes greater than 35%, shall not be included. . G, For all annexations with a density or potential density of four residential units or greater and involving residential zoned lands, or commercial, employment or industrial lands with a Residential Overlay (R-Overlay): 1. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of median income; or 2. 25% of the base density to qualifying buyers or renters with incomes at or below '100% of median income; or 3. 20% of the base density to qualifying buyers or renters with incomes at or below 80% of median income; or 4, 15% of the base density to qualifying buyers or renters with incomes at or below 60% of median income; or 5, Title to a sufficient amount of buildable land for development is transferred to a non-profit (IRC 501(3)(c)) affordable housing developer or comparable Development Corporation for the purpose of complying with subsection 2 above, The land shall be located within the project and all needed public facilities shall be extended to the area or areas proposed for transfer. Ownership of the land shall be transferred to the affordable housing developer or Development Corporation prior to commencement of the project. The total number of affordable units described in this section G shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years, Properties providing affordable units as part of the annexation process shall qualify for a maximum density bonus of 25 percent. H, One or more of the following standards are met: 1. The proposed area for annexation is to be residentially zoned, and there is less than a five-year supply of vacant and redevelopable land in the proposed land use classification within the current city limits, "Redevelopable land" means land zoned for residential use on which development has already occurred but on which, due to present or expected market forces, there exists the likelihood that existing development will be converted to more intensive residential uses during the planning period, The five- year supply shall be determined from vacant and redevelopable land inventories and by the methodology for land need projections from the Housing Element of the Comprehensive Plan; or 2, The proposed lot or lots will be zoned E-1 or C-1 under the Comprehensive Plan, and thai the applicant will obtain Site Review approval for an outright permitted use, or special permitted use concurrent with the annexation request; or 3. A current or probable public health hazard exists due to lack of full City sanitary sewer or water services; or 2 G:\comm-dev\planruny\Notices Mailed\2009\2009-00784 _JanS _20 I 0_ Council i'olice.do<: 4. Existing development in the proposed annexation has inadequate water or sanitary sewer service; or the serVice will become inadequate within one year; or 5. The area proposed for annexation has existing City of Ashland water or sanitary sewer service extended, connected, and in use, and a signed "consent to annexation" agreement has been filed and accepted by the City of Ashland; or 6. The lot or lots proposed for annexation are an "island' completely surrounded by lands within the city limits. (ORD 2792,1997; ORD 2895, 2003) ZONING CHANGE. TYPE III PROCEDURE 18.108.060.A & B Approval Criteria A. The following planning actions shall be subject to the Type III Procedure: 1. Zone Changes or Amendments to the Zoning Map or other official maps, except for legislative amendments. 2. Comprehensive Plan Map Changes or changes to other official maps, except for legislative amendments. 3. Annexations. 4. Urban Growth Boundary Amendments B. Standards for Type III Planning Actions. 1. 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: 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 one of the following: 1. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of median income; or 2. 25% of the base density to qualifying buyers or renters with incomes at or below 100% of median income; or 3. 20% of the base density to qualifying buyers or renters with incomes at or below 80% of median income; or 4. 15% of the base density to qualifying buyers or renters with incomes at or below 60% of median income; or 5, Title to a sufficient amount of buildable land for development is transferred to a non-profit (IRC 501 (3)(c)) affordable housing developer or comparable Development Corporation for the purpose of complying with subsection 2 above. The land shall be located within the project and all needed public facilities shall be extended to the area or areas proposed for transfer. OWnership of the land shall be transferred to the affordable housing developer or Development Corporation prior to commencement of the project; or e. Increases in residential zoning density of four units or greater on commercial, employment or industrial zoned lands (I.e. Residential Overlay), will not negatively impact the City of Ashland's commercial and industrial land supply as required in the Comprehensive Plan, and will provide one of the following: 1, 35% of the base density to qualifying buyers or renters with incomes at or below 120% of median income; or 2, 25% of the base density to qualifying buyers or renters with incomes at or below 100% of median income; or 3. 20% of the base density to qualifying buyers or renters with incomes at or below 80% of median income; or 4. 15% of the base density to qualifying buyers or renlers with incomes at or below 60% of median income; or 5. Title to a sufficient amount of buildable land for development is transferred to a non-profit (IRC 501 (3)(c)) affordable housing developer or comparable Development Corporation for the purpose of complying with subsection 2 above. The land shall be located within the project and all needed public facilities shall be extended to the area or areas proposed for dedication. Ownership of the land andlor air space shall be transferred to the affordable housing developer or Development Corporation prior to commencement of the project. The total number of affordable units described in sections D or E shall be determined by rounding down fractional answers to the nearest whoie 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 D and E do not appiy to council initiated actions, 3 G.l.comm-dev\planniogWotice$ MaJled\2009\2009-00784_Jan5_2010_CoulICil Notice,doc PA-2009-00784 391 E14AC 700 ASHLAND PROPERTY INVESTORS LLC 670 SUPERIOR CT STE 110 MEDFORD OR 97504 PA,2009-00784 391E14AB 2800 MBZ LLC 311 HOLLY ST MEDFORD OR 97501 PA-2009-00784 391E14AD 7200 OCHOA MATTHEW ET AL 660 WASHINGTON ST ASHLAND OR 97520 PA-2009-00784 391E14AC 200 Jackson County 10 S Oakdale, Rm 100 Medford OR 97501 PA,2009-00784 391 E14AC 102 BRAMMO INC 550 CLOVER LN ASHLAND OR 97520 PA,2009-00784 391E14AC 500 MACLELLAN ROBERT 3126 STATE ST 200 MEDFORD OR 97504 PA-2009-00784 391E14AB 2800 MILLER WILLIAM R/JERI ANN PO BOX 552 TALENT OR 97540 PA-2009-00784 391E14AC 600 MORRIS ROBERT GENE TRUSTEE ET AL PO BOX 850 ASHLAND OR 97520 PA-2009-00784 391E14AC 200 REZEK RONALD 709 WASHINGTON ST ASHLAND OR 97520 PA-2009-00784 391 E14AC 200 ODOT, David Pyles 100 Antelope Rd White City,OR 97503 PA-2009-00784 391 E14AC 200 Bruce Abeloe 827 Alder Creek Dr Medford, OR 97504 11 615 Washington 12-17-09 Notice Mailed 4 ~ 600 500 400 i 300 " -, c 7600 7500 .... .... " U1 3000 " " i\ t;! 7400 .. ~ 3100 6024 3100 i 7300 i. ) " 3200 , 6500 Ii 6022 .. 6600 " , '6023 6400 Ii :6004 6700 )6003 , i 6300 :6002 I'.. , i :6001..- 6801 ! , ! , ;1900; 1800 i . I I , '700' 1600,: 200 1300 . I 1400 ....r'..., "..: 100\ 'i\lAS!II~4GTO~~ 2500 2400 2300 6900 l~"" ~ 2200 ~ 211Mt'~.~, 7000 i '6100 ! i ! ..I '4400'." j ; 14700 i" ...... 14600 101 1200 i4900 i.....- isooo " ..... . , ...,' 5100 "j .-.-- .... 5200 7300 1100 1000 7400 900 " ... " it !\ i i I i 102 i '~i 600 7500 JACKSON COUNTY INFOfWATION TECHNOlOGY Map Maker Application Front Counter Le9ltnd C HIghlighted Feature ~J theBuffer G.1i theBuffcrTargel Tal( lot Oullines Talt Lol Numbers It JACKSON COUNTY Ore g (J /I 1301 @' '~"""N ThIS M8p ls bliedon tdigital database ccrnpitdby JulcscnCount)l From 8 vatiety ofIOOJ'cn, Jacl<oon County C<lMOt atcepl "'SpOl'l$ibity'or~"ors,cmlsslon8,CJt poaI~o".I.ccu(acy. There.8 no wananli",e4lle1iledorlmpied. Map ~"lod(ln 12/11S1201)9 2:5(;,12 PM ull"ll wsb,jatbonco,mty.ag 1100 @Plnserecyd'wi'JltcrCredon<;llQrJCIP1'P" Cr6llIedwiLhMa~M.ker 5 Placeholder for Plat Map Please see City Recorder's Office to view LAND SUR.VEYING~ LLC '''~':'';;'''''';;''''''w.4~...:;:W';;:'i-*",....".<'!.:a<.;,'''-O:'.''';''''Ii""!..,,c,;:.-"i;-;_~...-,.~io-~"""",,,;.~_..._..J,,..,.......-.;.,lt-.C"~"~h""":."':'<'_""'''''''''-:'V~".-.--;..i.... "".;;._"'~.,.~,"''''''i.;;_.",.li"<.,..<w.:._~..................ij,'';;i.\;f......:.-..~ . EXHIBIT "A" LEGAL DESCRIPTION' RON REZEK ANNEXATION TRACT ASSESSOR'S MAP NO. 39 IE 14 AC, Tax Lot 200 ';c.! ." .. ( ~.( That tract of land described within Instrument No. 2008-008136 ofthe Official Records of Jackson County, Oregon, lying situate within the Northeast Quarter of Section 14, Township 39 South, Range I East of the Willamette Meridian in Jackson County, Oregon, more particularly described and bounded as follows, to wit; Commencing at an aluminum capped iron pin at the northeast corner of the Southwest Quarter of the Northeast Quarter of Section 14, Township 39 South, Range 1 East, of the Willamette Meridian in Jackson County, Oregon, as denoted on Survey No. 9668, on file in the offic'e of the Jackson County Surveyor; thence South 89044'33" West, a10ngthe northerly line of that tract of land described within Volume 309, Page 375 and Volume 335, Page 321 of the Deed Records of said County, a distance of 126.28 feet (Deed Record West) to a 5/8 inch iron pin along the southwesterly right of way ofTnterstate Highway No.5, described within Volume 509, Page 383 of said Deed Records, the POINT OF BEGINNING; thence continuing South 89044 '33" West, along said northerly line, 311.74 feet to a 5/8 inch iron pin at the northwest corner thereof; thence South 00002'07" West, along the west line of said described tract, a distance of 130.00 feet (Deed Record South 00'11' West, 130.0 feet) to the southwest corner thereof, from which a 5/8 inch iron pin bears South 89044'33" West, 0.58 feet; thence North 89044'33" East, along the southerly line of said described tract, a distance of349.04 feet (Deed Record East) to a 5/8 inch iron pin along said southwesterly right of way of Interstate Highway No.5; thence North 26039'55" East, along said southeasterly line, a distance of 145.14 feet, to the POINT OF BEGINNING. Containing 1.03 acres, more or less. Prepared by: Shawn Kampmann Professional Land Surveyor Polaris Land Surveying LLC P.O. Box 459 Ashland, Oregon 97520 (541) 482-5009 -'C'.d~ -i;":"S~ 2--i:'~':.;"" "'~"'~. _:~-' _'~ Cj. t: ': ,~~,~ ~ G \~ ~:" ::.. -"! '; :-:~':,:' [= \{ (::' :,'; s~- It .-..,,,,,,,, . -.. . .' ,_ u. j ~~~G \ -_::~'~_:':.'-"f:!\2~~~i::;<~3' ._,..'. ~.__._u..____._ ,_.,__.~...,;. ": ":. Renewal Date: 6/3011\ Date: November 10,2009 S:\surveys\560-09\Rezek Annexation Legal.doc P. O. Box 459, Ashland, Oregon 97520 Phone: (541) 482-5009 , Fax: (541) 488-0797 Mobil,,: (541) 601-3000 www.polarissurv..y.com 7 --~---"""", ---------.." " , , , , , " , l' i d , " , " : 'I , " I" "1 \ :1 , "I : , I I: , " , , , " , " , 'I 1:1 , "I : , , " , "I , ' I I, ~ , " ':1 : I[ , , '~ ::'~;%~f .- i i I, i : i I ! i , , I , i , -' .- -' ,.-" . . .' "t' j i , , I i , i , , I i : I , , I , i L: ____ --.....------------ #~ '" .,t^~rft- ~'<" ,.I\l,~~r;~-~I;:ri~ f\h1:i:J:\"j;z),Yf 5:}lj~~r;r h'f('{:\,,'"\1.J / \ ,~ltT.yJ~rS}.y \:NJ~""'lS -_.-~:~t\lr,;'H<:~4 / : Ct,~{\\! '?'I:J' :,~'O,~.6'/J f<'-'J "-~'L):<'c~ , , I ! , i i i : I , , I ! , I . . I o I , i I : o \, \ \. \. \. III ~ . . \. ~ g II. ~ . " . .., ~ u . . ~ "" o ~ 'i' . . ...:2 f ~4: ;i~"; ,. ---t. \ '. .0 \ ! i , I , i , , I , I III '2 i~ :< !~ lit ,Ill 'lL IlL :~ !~ !Ill , I , I , I , , I , , I , I I I I I 1:0- ,~} C-:J (,.........i U) ::( ,.d G>:'l: tZ-:, ~'-, ,- U a CJ ~: co ..._---~-_........__._,_...- October I, 2009 CITY OF ASHLAND Ronald Rezak 709 Washington St Ashland, OR 97520 RE: RE: Planning Action #2009-00784 N otiee of Decision At its meeting of September 15, 2009, based on the record of the public meetings and hearings on this matter. the Ashland Planning Commission recommended approval for your request for an annexation and zoning map change, and approved your site review and tree removal pennit for the property located at 615 Washington Street -- Assessor's Map # 39 IE 14 AC; Tax Lot 200. The Ashland Planning Commission approved and signed the Findings, Conclusions and Orders document. on September 29, 2009. Approval is valid for a period of one year. Please review the attached findings and conditions of approval. The conditions of approval shall be met prior to project completion, Copies of the Findings, Conclusions and Orders document, the application and all associated documents and evidence submitted, applicable criteria and standards are available for review at the Ashland Community Development Department, located at 51 Winburn Way. This decision may be appealed to the Ashland City Council if a Notice of Appeal is filed within 13 days of the date this notice was mailed and with the required fee ($304), in accordance with Chapter 18.108.110 (A) of the Ashland Municipal Code. The appeal may not be made directly to the Land Use Board of Appeals. The appeal shall be limited to the criteria listed in Chapter 18.108.110 of the Ashland Municipal Code, which is also attached. If you have any questions regarding this decision. please contact the Community Development Department between the hours of8:00 am and 4:30 pm, Monday through Friday at (54l) 488-5305. DEPT. OF COMMUNITY DEVELOPMENT 20 E. Main Street Ashland, Oregon 97520 www,ashtand.or.u$ Tel; 541-488.5305 Fax; 541,552.2050 TTY; 800,735,2900 ~.l' 9 SECTION 18.108,110 Appeal to Council, A, Appeals of Type II decisions - shall be initiated by a notice of appeal filed with the City Administrator. The standard Appeal Fee shall be required as part of the notice. All the appeal requirements of Section 18.108.110, including the appeal fee, must be fully met or the appeal will be considered by the city as jurisdictionally defective and will not be heard or considered. I. The appeal shall be filed prior to the effective date of the decision of the Commission. 2. The notice shall include the appellant's name. address, a reference to the decision sought to be reviewed, a statement as to how the appellant qualifies as a party, the date of the decision being appealed, and a clear and distinct identification of the specific grounds for which the decision should be reversed or modified, based on identified applicable criteria or procedural irregularity. 3. The notice of appeal, together with notice of the date, time and place to consider the appeal by the Council shall be mailed to the parties at least 20 days prior tq the meeting. 4. A. Except upon the election to re-open the record as set forth in subparagraph 4.B. below, the review ofa decision of the Planning Commission by the City Council shall be confined to the record of the proceeding before the Planning Commission. The record shall consist of the application and all materials submitted with it; documentary evidence, exhibits and materials submitted during the hearing or at other times when the record before the Planning Commission was open; recorded testimony; (including DVDs when available), the executed decision of the Planning Commission, including the findings and conclusions. In addition, for purposes of City Council review, the notice of appeal and the written arguments submitted by the parties to the appeal, and the oral arguments, if any, shall become part of the record of the appeal proceeding. The Council may reopen the record and consider new evidence on a limited basis, if such a request to reopen the record is made to the City Administrator together with the filing of the notice of appeal and tbe City Administrator determines prior to the City Council appeal hearing that the requesting party has demonstrated: B. a. That the Planning Commission committed a procedural error, through no fault of the requesting party, that prejudiced the requesting party's substantial rights and that reopening the record before the Council is the only means of correcting the error; or b. That a factual error occurred before the Planning Commission through no fault of the requesting party which is relevant to an approval criterion and material to the decision; or c. That new evidence material to the decision on appeal exists which was unavailable, through no fault of the requesting party, when the record of the proceeding was open, and during the period when the requesting party could have requested reconsideration. A requesting party may only quality for this exception if he or she demonstrates that the new evidence is relevant to an approval criterion and material to the decision. This exception shall be strictly construed by the Council in order to ensure that only relevant evidence and testimony is subinitted to the hearing body. DEPT. OF COMMUNITY DEVELOPMENT 20 E. Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488,5305 Fax 541,552,2050 TTY: 800-735,2900 ~.l" 10 Re-opening the record for purposes of this section means the suhmission of additional written testimony and evidence, not oral testimony or presentation of . evidence before the City Council. C. Oral argument on the appeal shall be pennitted before the Council. Oral argument shall be limited to ten (10) minutes for the applicant, ten (10) for the appellant, if different, and three (3) minutes for any other Party who participated below, A party shall not be pennitted oral argument if written arguments have not been timely submitted. Written arguments shall be submitted no less than ten (10) days prior to the Council consideration of the appeal. Written and oral arguments on the appeal shall be limited to those issues clearly and distinctly set forth in the Noiice of Appeal; similarly, oral argument shall be contined to the substance of the written argument D. Upon review, and except when limited reopening of the record is allowed, the City Council shall not re-examine issues of fact and shall limit its review to detennining whether there is substantial evidence to support the tindings of the Planning Commission, or to detennining if errors in law were committed by the Commission. Review shall in any event be limited to those issues clearly and distinctly set forth in the notice of appeal. No issue may be raised on appeal to the Council that was not raised before the Planning Commission with sufticient speciticity to enable the Commission and the parties to respond. E. The Council may aftinn. reverse, modify or remand the decision and may approve or deny the request, or grant approval with conditions. The Council shall make tindings and conclusions, and make a decision based on the record before it as justitication for its action. The Council shall cause copies of a tinal order to be sent to all parties participating in the appeal. Upon recommendation of the Administrator, the Council may elect to summarily remand the matter to the Planning Commission. If the City Council elects to remand a decision to the Planning Commission, either summarily or otherwise, the Planning Commission decision shall be the tinal decision of the City, unless the Council calls the matter up pursuant to Section l8.108.070.B.5 . F. Appeals may only be tiled by parties to the planning action. "Parties" shall be detined as the following: I. The applicant. 2. Persons who participated in the public hearing, either orally or in writing. Failure to participate in the public hearing, either orally or in writing, precludes the right of appeal to the Council. 3. Persons who were entitled to receive notice of the action but did not receive notice due to error. DEPT. OF COMMUNITY DEVELOPMENT 20 E. Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541488,5305 Fax: 541-552,2050 TTY: 800-735.2900 _.w .... ., 11 BEFORE THE PLANNING COMMISSION September 29tb, 2009 IN THE MA TIER OF PLANNING ACTION #2009-00784, A REQUEST FOR ) SITE REVIEW APPROVAL TO CONSTRUCT A 17,650 SQUARE FOOT ) WAREHOUSE/LIGHT MANUFACTURING BUILDING AND THE ASSOCIATED ) FINDINGS, LANDSCAPING AND PARKING AREAS FORAN APPROXIMATELY 1.02 ) CONCLUSIONS ACRE PROPERTY LOCATED AT 615 WASHINGTON STREET, A TREE ) AND ORDERS REMOVAL PERMIT IS ALSO REQUESTED TO REMOVE TEN TREES GREATER) THAN SIX-INCHES IN DIAMETER-AT-BREAST-HEIGHT. ) ) APPLICANTS: Ron Rezek RECITALS: I) Tax lot #200 of Map 39 IE 14 AC is located at 615 Washington Street and is zoned Jackson County Rural Residential (RR-5), 2) The applicant is requesting Site Review approval to construct a 17,650 square foot warehouse/light manufacturing building and the associated parking areas and landscape installation for an approximately 1.02 acre parcel located at 615 Washington Street. The new warehousellight manufacturing facility will serve the adjacent Modem Fan business at 709 Washington Street. A Tree Removal Permit is also requested to remove ten trees greater than six inches diameter at breast height or greater. Site improvements are outlined on the plans on file at the Department of Community Development. 3) The criteria for Site Review approval are described in Chapter 18.72.070 as follows: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. e. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D, That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. 'AII improvements in the street right- of way shall comply with the Street Standards in Chapter 18.88, Performance Standards Options. (Ord. 2655, 1991; Ord 2836 86,1999) 4) The criteria for a Tree Removal Pennit are described in 18,61.080 as follows: An applicant for a Tree Removal Permit shall demonstrate that the following criteria are satisfied. The Staff Advisor may require an arborist's report to substantiate the criteria for a P A #2009-00784 September 29,2009 Page 1 12 permit. A, Hazard Tree: The Staff Advisor shall issue a tree removal permit Jor a hazard tree if the applicant demonstrates that a tree is a hazard and warrants removal. I. A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to Jail and injure persons or property, A hazard tree may also include a tree that is located within public rights oj way and is causing damage to existing public or private Jacilities or services and such Jacilities or services cannot be relocated or the damage alleviated. The applicant must demonstrate that the condition or location oj the tree presents a clear public saJety hazard or a Joreseeable danger oj property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treatment or pruning. 2. The City may require the applicant to mitigate Jor the removal oj each hazard tree pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition oj approval oj the permit. B. Tree that is Not a Hazard: The City shall issue a tree removal permit Jor a tree that is not a hazard if the applicant demonstrates all oJtheJollowing: 1. The tree is proposed Jor removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards. (e.g. other applicable Site Design .and Use Standards). The Staff Advisor may require the building Jootprint oj the development to be staked to allow Jor accurate verification of the permit application; and 2. Removal oj the tree will not have a significant negative impact on erosion, soil stability, flow oj surJace waters. protection oj adjacent trees, or existing windbreaks: and 3. Removal oj the tree will not have a significant negative impact on the tree densities. sizes, canopies. and species diversity within 200 Jeet oj the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. Nothing in this section shall require that the residential density be reduced below the permitted density allowed by the zone. In making this determination. the City may consider alternative site plans or placement oj structures or alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with other provisions oJthe Ashland Land Use Ordinance. 4. The City shall require the applicant to mitigate Jor the removal oj each tree granted approval pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition oj approval oj the permit. P A #2009-00784 September 29,2009 Page 2 13 5) The Planning Commission, following proper public notice, held a public hearing on September 15th, 2009 at which time testimony was received and exhibits were presented. The Planning Commission approved the application for Site Review and Tree Removal to remove eight trees subject to conditions pertaining to the appropriate development of the site, In addition, the Planning Commission forwarded a recommendation to the Ashland City Council for approval of a requested Annexation and Zoning Map Change from Jackson County Rural Residential (RR-5) zoning to City of Ashland Employment (E-I) zomng. Now, therefore, the Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION I. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used, Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "0" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The Planning Commission finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The Planning Commission finds that the proposal for Site Review approval to construct a 17,650 square foot warehouse/light manufacturing building and associated landscaping and parking, and a Tree Removal Pennit to remove eight trees greater than six-inches in diameter-at- breast-height meets all applicable criteria for Site Review approval as described in Chapter 18,72 and for Tree Removal described in Chapter 18.61, The Planning Commission further finds that the proposed removal of the two Siberian Elms to accommodate street improvements along the Washington Street frontage is wmecessary with the deferral of street frontage improvements, and a condition has been added to require that they be retained subject to a favorable assessment by an arborist. 2.3 The Planning Commission finds that the proposal satisfies the approval requirements for Basic Site Review. All of the building square footage is proposed as warehousellight manufacturing, which are pennitted uses in the E-I zone. The E-I zoning district does not require standard setbacks from property lines unless a parcel abuts a residential zoning district. P A #2009-00784 September 29, 2009 Page 3 14 The proposed building height is approximately 24 feet, which is under the maximum building height of 40 feet in the E-l zoning district. The proposal will result in 30 percent of the site being landscaped, which significantly exceeds the 15 percent minimum landscaping requirement for the E-I zoning district. The Commission further finds that the proposed building design provides a primary orientation to Washington Street, with a covered entry and walkway to the sidewalk. Parking is proposed to be located to the side of the building, and sidewalks, parking row planting strips and street trees are to be installed. A landscape plan has been provided; the existing trees that are to be . preserved have been incorporated, and ample parking lot landscaping and a landscape area between the building and the street are identified. The Planning Commission finds that Basic Site Review Standards II.C.la.2) calls for building entrances to be located within 20 feet of the public right-of-way to which they are oriented; however the Site Design and Use Standards provide that this requirement may be waived if the building is not to be accessed by pedestrians, such as warehouses or industrial buildings without attached office space. The Commission finds that the building's entrance is proposed to be placed approximately 57 feet from the right-of-way (after necessary right-of-way dedication) however the building is proposed to be limited to warehousellight industrial use and the requirement may therefore be waived. With this waiver, the proposed building and site design comply with the applicable Basic Site Review Standards. However, the Commission finds that future conversion of any portion of the proposed warehouse space to office use, as the application suggests may ultimately occur, would require either that the building entrance be brought to within 20 feet of the right-of-way with an addition to comply with the standard, or that an Administrative Variance to this standard be obtained. A condition to this effect has been included below. The Planning Commission finds that while the application indicates that 18 parking spaces are required to serve 17,650 square feet of warehouse use based on a warehouse standard parking requirement of one parking space per 1,000 square feet and has identified 18 parking spaces to be provided on site, the nature of the proposed use is to provide additional light manufacturing space to supplement the existing Modern Fan business on the adjacent property. The Commission finds that no commensurate increase in the number of employees is proposed, and that there is no on-site retail component to the business. The Commission therefore finds that calculating the parking requirements based on an industrial standard, which requires one space per two employees on the largest shift, plus one space per company vehicle, is a more appropriate basis for detennining required parking for the proposal. Based on this calculation and the ten to twelve employees of the business, no more than six to eight parking spaces would be required. The Commission further finds that this level of parking demand has been confirmed through on- site observations of the existing Modern Fan business by Commissioners and staff and confirmed by the applicant. ' P A #2009-00784 September 29, 2009 Page 4 15 The Commission further finds that the Off-Street Parking Chapter (AMC 18.92) limits parking provided to no more than ten percent above what is required for the use. This limitation avoids an. auto-centric focus in development, while reducing the overall amount of paving installed, thus reducing the heat-island effect of summer sunlight reflecting off of asphalt while also allowing precipitation to be absorbed directly into the ground rather than creating excessive run-off and the associated water quality impacts. The Commission finds that parking proposed is significantly more than necessary for the assembly and distribution use proposed, and should be reduced to include only eight spaces nearest Washington Street. A condition to this effect has been included to require a revised site plan reflecting a phased installation of the site's parking, with the remaining parking area currently identified to be instead reserved in landscaped area to allow future installation of the additional spaces should the demand or the nature of the use in place change. The Planning Commission finds that there have been two recent annexations in the immediate vicinity, for Oak Street Tank and Steel and Brammo Motorsports, and that as a result utilities in this area have had recent upgrades. The Commission finds that there are eight-inch water and sanitary sewer lines in place within the Washington Street right-of-way which the Public Works Department has determined are adequate to serve the proposed building. The Commission further finds that with annexation, the property will need to be served by Ashland's municipal electric utility, and a condition of approval has been added below to require that the applicant coordinate this service transition with the Ashland Electric Department and develop an electric service plan. The Commission finds that the site plan provided details placement of a stonnwater detention pipe near the front and side of the building and identifies preliminary surface drainage detention areas within the parking lot, however engineered calculations demonstrating that post development peak flows will not exceed pre-development levels, and water quality mitigation measures have not been provided. The Commission further finds that there is a mapped wetland located to the north, off of the subject property. While this wetland appears to end before it reaches the subject property, it is fed by stonnwater drainage from the ditch along the subject property's Washington Street frontage. Based on review by the Division of State Lands (DSL), it has been determined that the proposal appears to avoid impacts to state regulated wetlands and waters, however DSL has indicated that stonnwater flows feeding this wetland need to be maintained even if the existing roadside ditch were to be piped on the subject property. A condition of approval has been included below to require a final stonn drainage plan incorporating the necessary water quality, retention, and wetland flow maintenance requirements for the approval of the City and the Oregon Department of Transportation prior to building pennit submittals. The Planning Commission finds that to satisfy annexation requirements, the applicant must provide for necessary transportation facilities to and through the subject property; transportation facilities must address vehicular, bicycle, pedestrian and transit transportation with at least a "half-street" improvement consisting of a minimum of twenty feet of paving for motor vehicle P A #2009-00784 September 29, 2009 Page 5 16 travel lanes, with a six-foot bike lane, gutter, six-inch curb, seven-foot parkrow planting strip and eight foot sidewalk on the subject property's side of the street. Because the existing sidewalk installation to the south is installed at the curbside, sidewalk installation will also need to provide for a transition to allow the standard parkrow planting strip installation. The Planning Commission finds that Washington Street is a commercial collector street, and that the City of AsWand Street Standards Handbook ultimately calls for ten-foot travel lanes, six-foot bike lanes, seven-foot parkrows, six-inch curbs and eight-foot sidewalks on both sides of the street, requiring a total minimum right-of-way width of 63 feet. The Commission further finds that based on the submitted survey, it appears that there is currently only approximately 54 feet of right-of-way from the guard rail on the opposite side of Washington Street to the subject parcel's front property line. Beyond the guard rail topography drops steeply toward Interstate 5 and will not accommodate further street improvements. The Commission finds that in order to accommodate the necessary "half-street" improvements to City street standards for a commercial collector street, approximately nine-feet of additional right-of-way needs to be dedicated. The Commission finds that because the proposed building is set back approximately 40- feet from the front property line along Washington Street at its closest point, there is ample space available to accommodate the necessary right-of-way dedication without impacting the proposed site design, and a condition requiring the necessary right-of-way dedication has been included below. The Planning Commission finds that based on the plan submittals provided with the application and the exhibits presented by staff during the hearing, that adequate transportation facilities can be provided to and through the subject property to meet City of AsWand street standards. However, the Commission further finds that given the presence of an identified roadside emergent wetland on the adjacent property to the north and its connection to the drainage ditch across the subject property's frontage, the proximity to the Oregon Department of Transportation's 1-5 freeway right-of-way, and a significant drop-off between the existing Washington Street improvements and the freeway below, it is more appropriate that the street improvements in this vicinity be deferred in order to allow that they be comprehensively planned. As such, a condition has been added to require that the applicant provide an estimate of the cost of the required street improvements along the property frontage and that a cash deposit or similar approved security instrument' be provided to guarantee their installation will occur once a comprehensive planning process for the area street system has been completed. 2.4 The Planning Commission finds that a total of 17 trees which are six-inches in diameter- at-breast-height (d.b.h.) or greater have been identified on or near the subject property. Of these 17 trees, ten trees located either within or immediately adjacent to the proposed building envelope or in locations that would be impacted by street improvements have been proposed for removal. The remaining seven trees are proposed to be preserved and protected during construction, and have been incorporated into the landscape plan submitted. The Planning Commission finds that the two Siberian Elms identified for removal along the frontage to accommodate street improvements are a natural feature of the drainage which feeds P A #2009-00784 September 29,2009 Page 6 17 , the wetland on the adjacent property to the north, and that these trees no longer need to be removed with the deferral of the street improvements. A condition has been included that these two trees be retained and incorporated into the landscape plan, subject to a favorable assessment of their condition by an arborist. The Planning Commission finds that the remaining eight tree removals are proposed in order to permit the application to be consistent with applicable Land Use Ordinance requirements and Site Design and Use Standards and will not adversely impact erosion, soil stability, flow of surface waters, protection of adjacent trees, existing windbreaks, tree density, canopy or species diversity in the vicinity. The Planning Commission further finds that the three Oaks to be retained at the rear of the proposed building are very close to the proposed construction, and the application merely notes that they will be considered during excavation. Given their proximity to the proposed construction and the fact that no recommendations from an arborist have been provided, a condition has been added to require that an arborist's recommendations be obtained and incorporated into a revised Tree Preservation and Protection Plan to include any additional necessary protective measures which would ensure these trees' on-going viability. The Planning Commission finds that only seven new trees are identified for planting on the landscape plans provided, in addition to the required parkrow trees. These include four Chinese Pistache, two Armstrong Maples, and one Sunset Maple. Because the Tree Preservation and Protection Ordinance (AMC 18.61) requires a one for one mitigation of the trees removed, a condition has been included to require that all required mitigation trees be identified in a revised landscaping plan, or that the applicant provide for replanting off-site or payment in lieu of planting as provided in AMC 18.61.084. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposal for Site Review approval to construct a 17,650 square foot warehouse/light manufacturing building and associated parking areas and landscape installation, and a Tree Removal Permit to remove eight trees six-inches in diameter-at-breast-height or greater is supported by evidence contained within the whole record. The Commission further concludes that the proposed removal of two Siberian Elm trees to accommodate street improvements along the subject property's Washington Street frontage is no longer necessary with the deferral of these improvements. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #2009-00784. Further, if arty one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2009-00784 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. P A #2009-00784 September 29,2009 Page 7 18 2) That the plans submitted for the building permit shall be in substantial conformance with those approved as part of this application. If the plans submitted for the building permit are not in substantial conformance with those approved as part of this application, an application to modifY this Site Review approval shall be submitted and approved prior to issuance of a building permit. 3) That a sign permit shall be obtained prior to installation of any new signage. Signage shall meet the requirements of Chapter 18.96. 4) That the future conversion of any portion of the proposed warehouse space to office use shall require that the building entrance be brought to within 20 feet of the right-of-way in order to comply with Basic Site Review Standards (II-C-la.2), or that an Administrative Variance to this standard be obtained. 5) That prior to the submittal of a building permit: a) That a stormwater drainage plan, including details of on-site detention for storm water and necessary water quality mitigation, shall be submitted for the review and approval of the Planning, Building, and Engineering Divisions. The drainage plan shall also demonstrate that storm water flows into the existing roadside ditch to the north will be retained at their current levels to ensure the continuing recharge of the wetland on the property to the north. b) A written estimate for the costs of installation of required commercial collector "half- street" improvements along the full Washington Street frontage of the subject property shall be provided for the review and approval of the City of Ashland's Planning and Engineering Departments prior to building permit submittal. Required improvements shall include a minimum of 20 feet of pavement to accommodate motor vehicle travel lanes, six-foot bicycle lane, six-inch curb, an irrigated seven-foot parkrow planting strip with street trees, eight foot sidewalks, and city standard streetlights on the west side of the right-of-way. However, final street improvement design and installation shall be deferred in order to comprehensively plan the street system taking into account the adjacent wetland and the proximity to the 1-5 right-of-way. The applicant shall post a cash deposit with the City of Ashland or provide a similar approved security instrument to secure installation of street improvements along the property frontage. Additional land to accommodate the full 63 feet necessary to improve the right-of-way to city street standards for a Commercial Collector Street shall be provided through a right-of-way dedication. c) A final utility plan for the project shall be submitted for the review and approval by the Planning, Engineering and Building Divisions prior to issuance of a building permit. The utility plan shall include the location of connections to all public facilities in and adjacent to the development, including the locations of water lines and meter sizes, sewer mains and services, manholes and clean-outs, storm drainage pipes and catch basins. Utility installations, including any necessary fire protection vault, shall be placed outside of the P A #2009-00784 September 29,2009 Page 8 19 pedestrian corridor, and necessary public utility easements on the property shall be shown on the building permit submittals. d) The applicant shall submit an electric distribution plan including load calculations and locations of all primary and secondary services including transformers, cabinets and all other necessary equipment. With annexation, the property will no longer be served by Pacific Power and Light; service will be provided by the City's municipal electric utility and the necessary services to make this transition will need to be installed at. the applicant's expense. This plan shall be reviewed and approved by the Planning, Engineering and Electric Departments prior to building permit submittal. Transformers and cabinets shall be located outside of the pedestrian corridor, in those areas least visible from the street while considering the access needs ofthe Electric Department. 6) That prior to the issuance of a building permit: a) The applicant shall provide a Tree Preservation and Protection Plan consistent with the requirements of AMC 18.61.200 and prepared by a certified arborist. This plan shall incorporate the recommendations of the Tree Commission's September 4th, 2009 meeting as conditions of approval where consistent with applicable standards and with final approval by the Staff Advisor, shall retain and incorporate the two Siberian Elms near the Washington Street right-of-way into the landscaping plan subject to the arborist's recommendation, and shall specifically address the condition of all existing trees including the Siberian Elm previously identified for removal, their ability to tolerate the proposed development, and any measures in addition to standard protection fencing which may be necessary to preserve and protect those trees which are to remain on the site. b) That a Verification Permit in accordance with 18.61.042.8 shall be applied for and approved by the Ashland Planning Division prior to removal of the eight trees to be removed from the site, and prior to site work, storage of materials and/or issuance of a building permit. The Verification Permit is to inspect the identifications of trees to be removed and the installation of tree protection fencing to protect the trees to be retained. The tree protection fencing shall be installed according to the approved Tree Protection and Removal Plan, inspected and approved by the Staff Advisor prior to site work, storage of materials and/or issuance of a building permit. c) The applicant shall provide evidence of permit approval, including copies of all approved plans, for all work to be done within Oregon Department of Transportation right-of-way. d) That the property owner shall sign in favor of a local improvement district for future improvements to the intersection of Washington Street and Highway 66 including a traffic signal prior to issuance of a building permit. P A #2009-00784 September 29, 2009 Page 9 20 e) The applicant shall provide a revised Landscape/Irrigation Plan which addressed the Water Conserving Landscaping Guidelines and Policies of the Site Design and Use Standards, including irrigation controller requirements to allow multiplelflexible calendar programming. The revised Landscape Plan shall include landscape detail for the ditchlswale area along the property's Washington Street frontage, shall include a walkway from the building entrance to the street, and shall identify the relocated trash enclosure on the north side of the building, near the west end of the parking area. The revised landscape plan shall specifically identify mitigation trees on a one-for-one basis to offset the ten trees to be removed, or altematively may propose replanting off-site or payment in lieu of planting as provided in AMC 18.61.084. f) All exterior lighting shall be appropriately shrouded so as not to permit direct illumination of any adjacent land. Lighting details, including a scaled plan and specifications detailing shrouding, shall be submitted to the Staff Advisor for review and approval with the building permit submittals. g) At the time of building plan submittal, the bike rack details and shelter details shall be submitted for review and approval by the Staff Advisor. The building permit submittals shall verify that the bicycle parking design, spacing, and coverage requirements are met in accordance with 18.92.040.1. h) Mechanical equipment shall be screened from view from Washington Street. The locations of mechanical equipment and any associated screening shall be shown on the site plan and elevations in the building permit submittals. i) That the buildings shall meet Solar Setback B in accordance with l8.70.040.B. The building permit submittals shall demonstrate compliance with Solar Setback B. j) The requirements of the Building Division shall be satisfactorily addressed, including but not limited to requirements that engineering be provided to ensure that the proposed footings for the "Modern Fan 2" building will not undermine the existing retaining wall for "Modern Fan I", that necessary protection be provided for exterior wall openings, and that grade and tuming radius requirements for forklift access between buildings be addressed. k) The requirements of the Ashland Fire Department shall be satisfied, including that all addressing shall be approved prior to being installed; that fire apparatus access be provided and necessary fire apparatus easements identified and recorded; that adequate fire flow be provided and maintained; that fire sprinklers, hydrants, a Knox box, and/or an FDC be installed; and that an approved walkway to accommodate fire fighter access around and between both buildings be maintained, including an approved gate of at least three-feet in width if any fencing is installed between the two properties. P A #2009-00784 September 29,2009 Page 10 21 I) A revised site plan detailing a phased parking installation shall be provided for the review and approval of the Staff Advisor. In the initial phase, parking to be installed for occupancy of the building would be limited to the six to eight spaces nearest Washington Street. The remaining 10-12 parking spaces in the northwestern portion of the site are to be reserved in landscaped area pending future installation in a second phase should the parking demand or the nature ofthe use change to necessitate their installation. .7). That prior to the issuance of a certificate of occupancy: a) That the screening for the trash and recycling enclosure shall be installed in accordance with the Site Design and Use Standards. b) All required parking areas shall be paved and striped. c) All landscaping and the irrigation systems shall be installed in accordance with the approved plan, inspected and approved by the Staff Advisor prior to the issuance of a certificate of occupancy. That at the time of planting and prior to the issuance of a final certificate of occupancy, not less than two inches of mulch shall be added in all non-turf landscaped areas in the developed area after the installation of living plant materials. d) That street trees, one per 30 feet of street frontage, shall be installed along the frontage of the development in accordance with the approved final landscaping plan and prior to issuance of the certificate of occupancy. All street trees shall be chosen from the adopted Street Tree List and shall be installed in accordance with the specifications noted in Section E of the Site Design and Use Standards. The street trees shall be irrigated. 'e) That required bicycle parking spaces with a minimum of 50 percent sheltered from the weather shall be installed according to the approved plan, inspected, and approved by the Staff Advisor prior to issuance of a certificate of occupancy. ~m~ CJ-;<9.09 Planning Commission Approval Date P A #2009-00784 September 29, 2009 Page II 22 CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 15, 2009 CALL TO ORDER Chair Pam Marsh cailed the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Larry Slake Michael Dawkins Dave Dotterrer Pam Marsh Debbie Miiler Melanie Mindlin Mike Morris John Rinaidi, Jr. Staff Present: Sill Molnar, Community Deveiopment Director Derek Severson, Associate Planner Richard Appicello, City Attomey Adam Hanks, Project Manager Aprii Lucas, Administrative Assistant Absent Members: Tom Dimitre Council Liaison: Eric Navickas ANNOUNCEMENTS Community Development Director Siil Molnar noted Jackson County has begun the process to update the Economic Element of their Comprehensive Plan. Additional information is available on their website at www.co.isckson.or.us.Mr. Molnar also announced the City Council will be reviewing two ordinances that deai with proposed changes to the Council Rules and adopting uniform policies and operating procedures tor City commissions, committees, and boards. He stated the two ordinances were emaiied to the commissioners earlier this week and the Council will hoid first reading on October 6, 2009. Commissioner Marsh requested this topic be tentatively placed on an upcoming agenda and requested staff prepare a brief summary of the proposed changes. . CONSENT AGENDA A. Approval of Minutes 1, July 28, 2009 Study Session Minutes 2. August 11, 2009 Planning Commission Minutes 3. August 25, 2009 Study Session Minutes Commissioner Slake requested the following correction be made to the July 28, 2009 Study Session minutes: On Page 1 under Announcements, it should read: "One neighborhood meeting has been scheduled for October and the Master Plan Update will likely return to the Planning Commission later this fall." Commissioners Dotterrer/Morris mls to approve the Consent Agenda with the noted correction, Voice Vote: All AYES. Motion passed 8-0, - PUBLIC FORUM No one came forward to speak. 23 Ashland Planning Commission September 15, 2009 Page 1 016 TYPE III PUBLIC HEARINGS A. PLANNING ACTION: #2009-00784 SUBJECT PROPERTY: 615 Washington Street APPLICANT: Ron Rezek DESCRIPTION: A request for Annexation and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning E.1 (Employment) for an approximately 1.02-acre parcel located at 615 Washington Street. The application is for a warehouse facility to serve the adjacent Modern Fan business at 709 Washington Street. The application includes a request for the Site Review Approval for the 17,650 square foot warehouse building and associated parking areas and landscape installation. A Tree Removal Permit is requested to remove twelve trees greater than six inches diameter at breast height or greater. COMPREHENSIVE PLAN DESIGNATION: Employment; PROPOSED ZONING: E-1; ASSESSOR'S MAP #: 39 1 E 14 AC; TAX LOT: 200. Commissioner Marsh read aloud the public hearing procedures for land use hearings. Declaration of Ex Parte Contact Commissioner Morris asked to be excused Irom the hearing. He stated he recently compieted a project for the Applicant and slso has ties with the business across the street. Morris left the meeting at 7: 13 p.m. Commissioners Blake, Dswkins, Dotlerrer, Marsh, Miller, Mindlin and Rinaidi ail declared site visits; no ex parte contsct was reported. Staff Report Associate Planner Derek Severson presented the staff report on the pianning appiication. He explained this appiication is for an annexation and zone change which would bring the property into the City as E-1 employment zoning. The application also includes site review approval to construct a 17,650 sq. ft. warehouse buiiding, and a tree removal permit to remove 10 of the site's 17 trees. Mr. Severson stated the property is located near the intersection of Washington St. and Jefferson Ave and noted the wetland area on the adjacent property to the north. Mr. Severson reviewed the site plan and explained the proposed structure would be built to the north of the existing Modern Fan building. He noted landscaping will be installed between the building and the street, parking will be located along the north property line, and there will be a pass.through between the two buildings. In terms of parking, staff has observed that the existing parking lot, which has 18 spaces, is typically empty and are proposing the light manufacturing parking requirement be applied instead of the warehouse parking demand. This would allow for a reduction in the parking requirement from 18 spaces to 6 or 8 spaces. Mr. Severson clarified the Applicant's proposal does not involve adding additional employees. Mr. Severson reviewed the Tree Removal and Protection Plan and commented on the wetiand area to the north. He explained this wetland is fed by rainwater runoff from the drainage ditch adjacent to Washington Street. Staff has contacted the Department of State Lands regarding this and while they have indicated the piping of this drainage would not adversely affect the wetland, they want assurance that stonnwater runoff /lows are maintained in the ditch at the current levels in order to continue feeding the wetiand. Mr. Severson noted staff has drafted a condition to address this. Mr. Severson commented on the proposed street improvements and explained annexation requirements csil for a half-street improvement to be provided. He stated Washington Street is classified as a commercial coilector and a minimum right-of.way of 63 ft. is necessary to accommodate the improvements. As such, staff is recommending the Appiicant dedicate an additionsl 9 ft. of right-of-way in order to accommodate these improvements. Mr. Severson suggested the Commission consider amending Condition 5b to allow the Applicant to bond for the required improvements along their frontage. He stated rather than having the Appiicant instsll the improvements at this lime, this would allow the City to comprehensively plan the street improvements along that frontage and the bond would support their installation at a later date once the issues on the street have been dealt with. Mr. Severson noted questions were raised sbout possibly retaining the multi-trunked Eim tree that fronts Washington Street, and stated the Commission could consider modifying Condition 6a to require this tree be retained and incorporated into the finallandscapeflrrigation pian. He added if these condition modifications are made, Conditions 6b and 6d would also need to Ashland Planning Commission September 15. 2009 Page 2 of 6 24 be updated to keep the language consistent. Mr. Severson concluded his presentation and stated staff is recommending approval of the application with the conditions outiined. Questions of Staff In response to whether it is necessary to have a sidewalk on the side of the street nearest the drop-off, Mr. Severson clarified City standards call for this, but there may be a better way to address this in a comprehensive manner. Commissioner Dotterrer commented on Condition 4 and suggested staff provide a clear definition for "office space." He also commented on Condition 6a and questioned why a certified arborist is required to prepare the Tree Preservation and Protection Plan. Mr. Severson explained the Applicant did not submit a typical tree inventory that identified the types of trees on the site and their condition, which is what staff uses to evaluate whether the condition of the tree merits its removal or whether the species or condition of the tree is sufficient to accommodate the proposed development. Because of this, both staff and the Tree Commission are recommending verification from an arborist that the trees can accommodate the proposed development and no additional measures are necessary to ensure their survival. Dotterrer asked about obtaining the solar setback calculation in Condition 6i and received clarification that it would not be difficult for the Applicant to demonstrate compliance with Solar Setback B. Mr. Severson also clarified Condition 6j was included at the request of the Building Division to ensure that any excavation to construct the new building wouid not undermine the footings for Modern Fan 1. Commissioner Rinaldi suggested the arborlst inspect the multi-trunk Elm tree at the front of the property and determine whether it is suitable for saving. He also suggested Condition 5b be ciear that the entire parkrow needs to be irrigated, not just the trees. Commissioner Mindlin asked whether the multi-trunk Elm tree and cattails would be in the public right-of-way and requested they inciude a condition requiring this area to be maintained. Commissioner Blake asked about the Stormwater Drainage Plan listed in Condition 5a and asked how these are normally accomplished for commercial developments. Mr. Severson stated this is typically accomplished through engineering and noted the City's Engineering Division has asked for revised plans that will ensure post deveiopment peak flows do not exceed pre,development levels. Applicant's Presentation Bruce Abeloe/827 Alder Creek Drive, Medford/Applicant's Representative/Addressed the question about stormwater drainage and stated it is standard to meet pre-development flows with control structures. He stated the water will be stored in a pipe before it flows into the wetiand and this enables them to have control over it. He acknowledged his submittal regarding this was preiiminary and stated it wili be tak.en care of when the engineering building pians for the project are finaiized. Mr. Abeloe thanked staff for reducing the initial parking requirement, but stated he wouid like to hear from the City's Fire Marshall on whether this wouid affect fire truck access. He added given this change he would also like to move the trash area closer. Mr. Abeloe stated the Elm at the front of the property will need to be evaluated by an arborist and they will have the Oak tree in the back evaluated as well. He clarified the Landscape Plan will be modified to include the drainage swell and the Elm tree, and suggested some type of pathway be installed from the existing sidewalk to the front door and driveway. Mr. Abeloe concluded his presentation and voiced his support for staff's recommendations. Public Testimonv None. Advice from LeQal Counsel & Staff Mr. Severson noted he had spoken with Fire Marshall Margueritte Hickman about the fire truck access and she had indicated if the paved area is extended to the landscape bay, that would be sufficient for fire access as long as the landscaping did not impair a firefighter's ability to get through that area on foot. Mr. Severson stated the Fire Marshall's other concern was ensuring access via an easement to the rear parking lot of Modern Fan 1. Applicant's Rebuttal Bruce AbeloeJVoice his support for the conditions and modifications recommended by staff. 25 Ashland Planning Commission September 15, 2009 Page 3 of 6 Commissioner Marsh closed the record and the hearing at 7:52 p.rn. Deliberations & Decision Commissioner Dotterrer commented on the parking requirement and stated he is not convinced this project requires any additional parking. He suggested the Commission consider removing the parking requirement and include a condition that preserves the area in case it is needed at a future time. Staff ciarified this type of amendment would require a variance approval. \ Commissioner Marsh noted this application requires two motions; 1) approval of the site design proposal, and 2) a recommendation to the City Council on the annexation. Commissioner Dawkins/Blake mls to approve the site design proposal for Planning Action #2009-00784 with the modifications discussed. DISCUSSION: Mr. Severson recited the modifications that would be included in this approval: 1) Condition 5b - Modify to require the Applicant to post a cash deposit or similar approved security instrument for the outlined haif-street improvements; for installation of the street improvements to be deferred in order to comprehensively plan the street system; and for the Applicant fo provided a right-of-way dedication for the fuii 63 ft. necessary to improve the street to City standards. 2) Condition 6a - Modify to require the Appiicant to provide a Tree Preservation and Protection Plan for aii existing trees; and for the multi-trunk Elm tree nearest the Washington SI. right-or-way be retained and incorporated into the final iandscapenrrigation plan (subject to the arborist's recommendation). 3) Condition 6p - Modify the number of trees approved for removal if the Elm tree can be retained_ 4) Condition 6d - Remove the language "to Washington Street and for future improvements". This would still require the Applicant to agree to participate in any future LID for improvements to the Ashland Street intersection. 5) Condition 6e - Modify to require the Landscape/Irrigation Plan to address the landscaping for the frontage, ditch or swaie, and waikway to the street. 6) Condition 6a - Modify to require the arborist report address the Siberian Elm along Washington SI. 7) Condition 5b - Modify to read "irrigated parkrows" instead of "irrigated street trees." Mr. Severson clarified the fire access issues are addressed in Condition 6k, and he would add the relocation of the trash enclosure to the Landscape Plan on Condition 6a. Roll Call Vote: Commissioners Rinaldi, Blake, Dawkins, Marsh, Dotterrer, Miller and Mindlin, YES. Motion passed 7-0. Commissioners Dawkins/Dotterrer mls to recommend annexation of this project to the City Council. Roll Call Vote: Commissioners Dotterrer, Mindlin, Dawkins, Blake, Miller, Rinaldi and Marsh, YES. Motion passed 7-0. NEW BUSINESS A. Tolling and Extension Ordinance Initiation Commissioner Rinaldi asked to be excused due to a financial interest in one of the projects that could be affected by these proposais. Commissioner Marsh clarified this item was referred to the Commission by the City Council and asked that they not discuss the ordinance language, but deal with this on a conceptual level. Mr. Molnar noted this issue went before the City Council in July and he provided a brief overview of the two proposals_ He stated the questions before the Planning Commission are; 1) Should the Municipal Code inciude a provision that tolls or suspends approval timetables if a project is appealed to LUBA or Circuit Court, and 2) Due to the recent economic downtown, should the City enact legislation that extends the expiration date of land use applications that were approved between January 1, 2006 and July 1, 2009. In regards to the first item, Mr. Moinar stated the Municipal Code is silent on this subject and when these situations occur staff has encouraged applicants to apply for an extension to protect themselves. He clarified site review approvais for commercial buildings are good for 12 months, and applicants can receive one 18 month extension. Approvals will expire if project construction has not commenced within that 30 month timeframe. Mr. Molnar noted LUBA appeais can take several months or more and an applicant's approval could expire even if they prevaii in court. I 26 Ashland Planning Commission September 15, 2009 Page 4 of 6 Mr. Molnar explained the second item stems from comments made by applicants about their inability to obtain financing for approved projects due to the economic downturn. He stated a list of projects that are in jeopardy of iosing their approval status was handed out at the beginning of the meeting and noted the City of Portland recently adopted a similar ordinance. Mr. Molnar stated Project Manager Adam Hanks and City Artorney Richard Appicello are here tonight and can provide further information on these two proposals. Mr. Hanks came forward and commented on the proposal to extend the approval period due to the recent economic downturn. He asked the Commission to discuss whether the changes in the economy and the commerciai credit problems warrant a one- time, date specific extension, or whether applicants should have to resubmit their projects and go back through the approval process. City Attorney Richard Appicello stated the reason for development timetables is to not contract away the police power and stated timetabies are necessary to ensure projects are built to the current laws. In regards to the proposal to extend timetables for projects that are appealed, he noted that he frequently gets calls about this and because our Municipal Code does not specifically speak to this, there is no such provision. He stated this is more of a policy question and stated if they agree with the tolling proposal, they may want to consider beefing up the timetable itseif so it is more specific as to what is due when. Comment was made questioning what would happen if the conditions for approval change. Mr. Hanks stated this is up for discussion, but currently in order to qualify for the 18 month extension, conditions must be the same or the applicant has to show how they meet the new conditions. Comment was made that the extension for projects that are appealed to LUBA seems to be mixed in with the economic development timetable. Staff clarified this was not the intent and these are two separate proposals. Philip Langn58 B Street/Questioned where the timetable extension proposal originated from and stated it has nothing to do with LUBA appeals or residential construction. He stated this is a very bad idea and should be dropped from consideration. Mr. Lang stated in a year's time, major changes can happen to City standards and this proposal would allow developers to build to the lower and older standards. He stated if older plans are reviewed for compliance with new standards, where are the fees and staff to support such a review, and how does the public know this will be done. Mr. Lang stated this proposal constitutes an indirect giveaway to developers and it is bad public policy. Colin Swalesl143 Eighth Street/Stated when the Commission approves a planning action they assume the building will be built and this is not always the case. He stated developers often try to maximize what they can place on their land and soon after Planning Commission approval is received you will see a "For Sale" sign on the property. Mr. Swales acknowiedged the economic downtown, but stated developers do not want an extension so they can build the project, they want an extension so they can continue to market it. He recommended these projects come back through the approval process in order to ensure the proposal is in line with the current economic environment, which may mean downsizing if necessary. In regards to the tolling proposal, Mr. Swales questioned how many planning actions this has really affected and questioned the need for this provision. Commissioner Marsh requested the Commission separate their deliberations for the two proposals. Tollino Ordinance (LUBNCircuit Court Appeals) . The commissioners shared their opinions on tbe proposed tolling ordinance. Dawkins stated this proposal seems fair to him and it is common sense for those projects to receive an extension. Dotterrer was surprised that the City of Ashland did not aiready have a provision for this and stated he views this as a clean-up measure. Morris agreed that the City should adopt a provision. Blake stated this is a fairness issue and if it is out of the appiicant's hands, there should be some adjustments to the time frame. Miller stated it should be made clear to all parties what the situation is. Marsh agreed with the other comments that have been made and stated there is a fairness issue here and we shouid not punish the person who has been subject to the appeal. She stated there seems to be consensus from the Commission that the Council should proceed with this ordinance. 27 Ashland Planning Commission September 15, 2009 Page 5 of 6 Extension due to Economic Downturn The commissioners shared their opinions on the proposed extension ordinance. Dawkins stated does not know why they are considering this and does not see a problem with current process. Miller stated applicants should have their ducks in a row before they get started and feels the current 30 month timeframe is adequate. Dotterrer disagreed and feels the Council should take this up. He stated this proposal identifies applications approved during a specific timeframe and does not agree with the argument thaI this is a subsidy. He stated appiicants would still be subject to any changes in the code and voiced his support for the Council looking into this proposal. Morris stated he could go either way, but feels this proposal has some merit and should be looked at further. Blake stated there are compelling arguments on both sides and given the difficultly to obtain construction financing there may be cause for the City to provide some relief at this time. Mindlin stated she is on the fence. On one side she is sympathetic to applicants who are ready to build, but can't receive financing; but on the other side if an applicant has to go back through the City's approvai process, the bulk of the work (and expense for preparing the documents) has already been completed and it is just a matter of checking the application for consistency with the current code requirements. Marsh stated she believes these are extraordinary times and feels the Council should look into some sort of additionai extension process. She added a lot of details would need to be worked out, but feels this proposal is worth pursuing. Mr. Molnar stated he would report back to the City Councii on these two proposals, provide the Commission's comments, and get direction. Marsh clarified the Commission's support for the tolling ordinance and stated whiie there is not overwhelming support to pursue the extension ordinance, the Commission would be willing to iook at this further if directed to do so by the Council. ADJOURNMENT Meeting adjourned at 8:56 p.m. Respectfully submitted, April Lucas, Administrative Assistant 28 Ash/and Planning Commission September 15. 2009 Page 6 of 6 ASHLAND PLANNING DIVISION STAFF REPORT September 15, 2009 PLANNING ACTION: PA-2009-00784 APPLICANT: Ron Rezek LOCATION: 615 Washington Street COMPREHENSIVE PLAN DESIGNATION: Employment APPLICATION DEEMED COMPLETE: September 8, 2009 120.DA Y TIME LIMIT: January 6, 20 I 0 ORDINANCE REFERENCE: 18.40 18.61 18.72 18_92 18.106 18.108.060 E-1 Employment District Tree Preservation and Protection Site Design and Use Standards Off-Street Parking Annexations Type III Procedures REQUEST: A request for Annexation and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning E-1 (Employment) for an approximately 1.02-acre parcel located at 615 Washington Street. The application is for a warehouse/light manufacturing facility to serve the adjacent Modern Fan business at 709 Washington Street. The application includes a request for Site Review approval to construct a 17,650 square foot warehouse/light manufacturing building and the associated parking areas and landscape installation. A Tree Removal Permit is requested to remove ten trees greater than six inches diameter at breast height or greater. I. Relevant Facts A. . Background. History of Application There are no other planning actions of record for this site. B. Detailed Description of the Site and Proposal The subject property site is 1.02 acres and is located at 615 Washington Street in southeast Ashland, near the intersection of Washington Street and East Jefferson Avenue. The property is vacant and is immediately to the north of the existing Modern Fan building located at 709 Washington Street. Washington Street is paved along the subject property's frontage with a narrow gravel shoulder and an overgrown roadside ditch to convey stormwater. The subject property's frontage lacks curbs, gutters, sidewalks and parkrows. Planning Action PA # 2009-00784 Applicant: Ron Rezek Ashland Planning DI~sion - Staff Report Page 1 of 15 29 There are curbs, gutters, and curbside sidewalks in place along the frontages ofthe Modern Fan site located immediately to the south, at the corner of Washington Street and East Jefferson A venue. The Interstate 5 corridor is located to the east of the property, on the other side of Washington Street. To the west ofthe property are the parcels which were approved for annexation into the City in 2006 for the Brammo Motorsports facility, to the south is the property which was annexed into the City in 1999 for Oak Street Tank and Steel, and to the north is a 5.38 acre parcel located in the County and zoned Rural Residential RR-5 and containing an agricultural building and a single-wide manufactured home. The subject property is currently vacant, and is generally flat with the exception of the open ditch along its Washington Street frontage. There is an approximate six-foot drop from the existing Modern Fan building site down to the subject property, and a block retaining wall is in place between the two properties. Natural features on the site are limited to native grasses and trees. The application materials provided identify 17 deciduous trees six-inches in diameter at breast height (d.b.h.) or greater spread around the site. The property immediately to the north contains a wetland, identified as "WI I " in the recently adopted wetlands inventory. This is a roadside emergent wetland dominated by meadow foxtail, with lesser amounts of blue wildrye, birdsfoot-trefoil and catchweed bedstraw. While not deemed to be locally significant in the inventory, this wetland is connected to the Knoll Creek drainage by the roadside drainage ditch at its downstream end. 1. Annexation and Rezoning The applicant is proposing to annex the subject property into the City. The property would need to be rezoned from its current County zoning of Rural Residential (RR.5) to City Employment (E-I) zoning. This is consistent with the Comprehensive Plan's designation of the property for Employment zoning. 2. Site Review The proposal includes the construction of a 17,650 square foot warehouse/light manufacture building to serve the existing Modern Fan business at 709 Washington. The proposed building is similar in design to the Modern Fan facility. The building is oriented toward Washington Street and is approximately 24 feet tall on the street facing elevation. Clerestory windows run the length of the north and south sides of the building. A loading ramp and door is proposed to connect the new building with the existing building on the south side. 18 automobile parking spaces are proposed to be provided along the north side of the building, and bicycle parking is to be provided with three spaces at the covered entry and two additional spaces in the interior ofthe building. The exterior building materials include metal siding, a split face concrete block base, metal roofing and aluminum doors and windows. The colors of the exterior building materials are grays, light green and oxide red window frames and gutters, similar to the existing Modern Fan building. Planning Action PA # 2009-00784 Applicant: Ron Rezek Ashland Planning Division - Staff Report Page 2 of 15 30 3. Tree Removal Ten of the subject property's 17 trees are proposed to be removed as part of the application. Two existing trees, identified as eight-inch d.b.h. deciduous species will be retained at the front of the building near Washington Street, two trees identified as nine-inch d.b.h. deciduous species will be retained along the north property line, and three 12-15 inch d.b.h. Oaks at the rear of the property, near the back of the proposed or building, will also be retained. Seven new trees are identified for planting on the landscape plans provided, in addition to the required parkrow trees. These include four Chinese Pistache, two Armstrong Maples, and one Sunset Maple. . II. Proiect Impact The application includes a request for Annexation of 1.02 acres. The project requires Site Review approval since it involves the construction of a new building in the E-l zoning district. A Tree Removal Permit is required to remove ten trees greater than six-inches diameter-at-breast-height. Annexation procedures require a public hearing before the Planning Commission, as well as the City CounciL The Planning Commission has the authority to make the final decision with respect to the Site Review approval and the Tree Removal permits, and a separate motion will be needed with respect to forwarding a recommendation to the City Council to address the Annexation request. A. Annexation and Rezoning The approval standards for an Annexation require that the subject property be located within the City's Urban Growth Boundary, that the proposed zoning for the annexed area be in conformance with the Comprehensive Plan Map designation, that the proposal be for an allowed use within the proposed zoning district, and that the land be currently contiguous with the present City limits. In this instance, the subject property is located within the Urban Growth Boundary, immediately north of and contiguous to the existing City limits. The Comprehensive Plan designation for the site is Employment. The proposed E-l zoning is consistent with that designation, and the proposed warehouse use is allowed within the district. Annexation standards also require that for lots which are to be zoned E-l under the Comprehensive Plan, the applicant must obtain Site Review approval for an outright permitted or special permitted use concurrently with the annexation request. The application includes a request for Site Review approval to construct a warehouse/light manufacture building for the assembly and distribution of fans which satisfies this requirement. Adequacy of Public Facilities Annexation requests must demonstrate that adequate public facilities can and will be provided to and through the subject property. As submitted, the application submittals do not Planning Action PA # 2009-00784 Applicant: Ron Rezek Ashland Planning Di~sion - Stall Report Page 3 of 15 31 specifically address the adequacy of existing or proposed utilities other than to note that the applicant proposes to utilize existing services within the right-of-way which already serve the existing Modern Fan building to the south. In reviewing the proposal, staff noted that there have been two recent annexations in the immediate vicinity, for Oak Street Tank and Steel and Brammo Motorsports, and as a result utilities in this area have had recent upgrades. There are now eight-inch water and sanitary sewer lines in place within the Washington Street right-of-way which the Public Works Department has determined are adequate to serve the proposed building. The applicant will need to coordinate with the Ashland Electric Department to develop an electric service plan, as the submitted plans show the lot continuing to be served by Pacific Power when it will need to be served by Ashland's municipal electric utility when annexed into the City. A condition to this effect is recommended below. The applicant will also need to submit a final storm drainage plan showing that water quality and retention requirements ofthe City and the Oregon Department of Transportation will be met by the proposed development. As submitted, the site plan details placement of a stormwater detention pipe near the front and side of the building and identifies preliminary surface drainage detention areas within the parking lot, however engineered calculations demonstrating that post development peak flows will not exceed pre-development levels, and water quality mitigation measures need to be provided. As noted above, there is a mapped wetland located to the north, off of the subject property. While this wetland appears to end before it reaches the subject property, it is fed by stormwater drainage from the ditch along Washington Street. Based on review by the Division of State Lands (DSL), it has been determined that the proposal appears to avoid impacts to state regulated wetlands and waters, however DSL has indicated that storm water flows feeding this wetland need to be maintained even if the existing roadside ditch is to be piped on the subject property. A condition of approval has been recommended below to require a storm drainage plan incorporating the necessary water quality, retention, and wetland flow maintenance requirements prior to building permit submittals. Adequacy of Transportation Facilities Annexations must also provide necessary transportation facilities to and through the subject property; transportation facilities must address vehicular, bicycle, pedestrian and transit transportation. To satisfY this requirement, at least a "half-street" improvement must be installed, consisting of a minimum of twenty feet of paving for motor vehicle travel lanes, with a six-foot bike lane, gutter, six-inch curb, seven-foot parkrow planting strip and eight foot sidewalk on the subject property's side of the street. Because the existing sidewalk installation to the south is installed at the curbside, the sidewalk installation will also need to provide for a transition to allow the standard parkrow planting strip installation. Washington Street is a commercial collector street. The City of Ashland Street Standards handbook ultimately calls for ten-foot travel lanes, six-foot bike lanes, seven-foot parkrows, six-inch curbs and eight-foot sidewalks on both sides of the street, requiring a total minimum right-of-way width of 63 feet. Based on the submitted survey, it appears that there is currently only approximately 54 feet of right-of-way from the guard rail on the opposite side of Washington Street to the subject parcel's front property line; beyond the guard rail Planning Action PA # 2009-00784 Applicant: Ron Rezek Ashland Planning Division - Staff Report Page 40115 32 topography drops steeply toward Interstate 5 and will not accommodate further street improvements. In order to accommodate the necessary "half. street" improvements to City street standards for a commercial collector street, approximately nine. feet of additional right- of-way needs to be dedicated. The proposed building is set back approximately40-feet from the front property line along Washington Street at its closest point, so there appears to be ample space available to accommodate the necessary right-of-way dedication without impacting the proposed site design. B. Site Review Requirements of the Employment Zoning District All of the building square footage is proposed as warehouse/light manufacturing, which are permitted uses in the E-I zone. The E.I zoning district does not require standard setbacks from property lines unless a parcel abuts a residential zoning district. In this case, because the property abuts residentially zoned land within the County to the north, a ten foot side yard setback along the north property line is required. As proposed, the building design satisfies this requirement. The proposed building height is approximately 24 feet, which is under the maximum building height of 40 feet in the E.I zoning district. The proposal will result in 30 percent of the site being landscaped, which significantly exceeds the 15 percent minimum landscaping requirement for the E-I zoning district. Site Design and Use Standards The subject property is located within the Basic Site Review Zone. The proposed building design provides a primary orientation to Washington Street, with a covered entry and walkway to the sidewalk. Parking is proposed to be located to the side of the building, and sidewalks, parking row planting strips and street trees are to be installed. A landscape plan has been provided; the existing trees that are to be preserved have been incorporated, and ample parking lot landscaping and a landscape area between the building and the street are identified. Basic Site Review Standards (II.C.la.2) call for building entrances to be located within 20 feet of the public right-of-way to which they are oriented; however the Site Design and Use Standards provide that this requirement may be waived if the building is not to be accessed by pedestrians, such as warehouses or industrial buildings without attached office space. In this instance, the building's entrance is proposed to be placed approximately 57 feet from the right-of-way (after the necessary right-of-way dedication) however the building is proposed to be limited to warehouse/light industrial use and the requirement may therefore be waived. With this waiver, the proposed building and site design comply with the applicable Basic Site Review Standards. The future conversion of any portion of the proposed warehouse space to office use, as the application suggests may ultimately occur, would however require either that the building entrance be brought to within 20 feet ofthe right.of-way with an addition to comply with the standard, or that an Administrative Variance to this standard be obtained. Planning Action PA # 2009-00784 Applicant: Ron Razek Ashland Planning Oivision - Staff Report Page 5 of 15 33 Parking The materials submitted note that based on 17,650 square feet of warehouse use, 18 parking spaces are required at the warehouse standard of one parking space per 1,000 square feet, and 18 parking spaces have been identified on the site plan provided. In visiting the site on a number of occasions and recently discussing parking on site with the applicant, staff have noted and the applicant has confirmed that the 18 parking spaces serving the existing Modem Fan building are significantly underutilized with typically no more than four spaces in use at any time. Given the nature of the proposed use and the fact that the new building area is to provide additional warehouse/light manufacturing space to supplement an existing business without a commensurate increase in the number of employees and no on-site retail component, staff believe that calculating the parking requirements based on an industrial standard may be more appropriate. This would determine the required parking based on one space per two employees on the largest shift, plus one space per company vehicle and would require no more than six to eight parking spaces to serve the building's ten to twelve employees. As noted in the Site Design and Use Standards, "[bJ ecause parking areas are usually large in size to accommodate cars and trucks they are insensitive to the human scale. Additionally, noise, light, heat, and exhaust odors are commonly associated with parking areas. The ill effects associated with parking areas can be mitigated through good design and well placed landscaping." These concerns are the underlying basis for Ashland's parking lot landscaping and screening requirements, and at least part of the reason for the Off-Street Parking Chapter (AMC 18.92) limitations which cap parking provided at no more than ten percent above what is required for the use. This limitation avoids an auto-centric focus in development, while reducing the overall amount of paving installed, thus reducing the heat-island effect of summer sunlight reflecting off of asphalt while also allowing precipitation to be absorbed directly into the ground rather than creating excessive run-off and the associated water quality impacts. In staffs view, the parking proposed is significantly more than necessary for the assembly and distribution use proposed, and should be reduced to include only the six to eight spaces nearest Washington Street. The remaining parking area currently identified could be reserved in landscaped area to allow a phased future installation of the additional spaces should the demand or the nature of the use in place change. A condition requiring a revised site plan reflecting this phased installation for the site's parking is recommended below. C. Tree Removal Ten of the 17 trees greater than six-inches in diameter identified on the subject property have been proposed for removal with the application_ The remaining seven trees are proposed to be preserved and protected during construction, and have been incorporated into the landscape plan submitted. All ten of the trees proposed for removal are within the proposed building's footprint or would be impacted by street improvements on Washington Street, and in staffs view the finding can be made that these removals are proposed in order to permit the application to be consistent with applicable Land Use Ordinance requirements and Site Design and Use Standards and will not adversely impact erosion, soil stability, flow of Planning Action PA # 2009-00784 Applicant: Ron Rezek Ashland Planning Division - Staff Report Page 6 of 15 34 surface waters, protection of adjacent trees, existing windbreaks, tree density, canopy or species diversity in the vicinity. Seven new trees are identified for planting on the landscape plans provided, in addition to the required parkrow trees. These include four Chinese Pistache, two Armstrong Maples, and one Sunset Maple. Because the Tree Preservation and Protection Ordinance (AMC 18.61) requires a one for one mitigation of the trees removed, a condition has been recommended below to require that at least three additional mitigation trees be identified in a revised landscaping plan, or that the applicant provide for replanting off-site or payment in lieu of planting as provided in AMC 18.61.084. In considering the application, staff noted that the three Oaks to be retained at the rear of the proposed building are very close to the proposed construction, and the application merely notes that they will be considered during excavation. Given their proximity to the proposed construction and the fact that no recommendations from an arborist have been provided, staff have recommended that an arborist's recommendations be obtained and incorporated into a revised Tree Preservation and Protection Plan to include any additional necessary protective measures which would ensure these trees' ongoing viability. In their review ofthe application on September 4th, the Tree Commission recommended that all staking for newly planted trees be removed within a year of planting (which they noted had not been done on the existing Modem Fan site). While not reflected in their recommendation, the Tree Commission also discussed the type and condition ofthe existing trees on site at some length, noting that some ofthe trees may be in poor condition or species with little tolerance for construction disturbance. The Tree Commission discussion concluded in support of staff s proposed condition that an arborist report was needed to assess the trees' species, condition, and suitability for retention in proximity to construction. III. Procedural - Reauired Burden of Proof The criteria for Annexation approval for a property to be zoned E-1 are described In 18,106,030 as follows: An annexation may be approved if the proposed request for annexation conforms, or can be made to conform through the imposition of conditions, with the following approval criteria: A. The land is within the City's Urban Growth Boundary. B. The proposed zoning for the annexed area Is in conformance with the designation indicated on the Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an allowed use within the proposed zoning. C. The land is currently contiguous with the present City limits. D. Adequate City facilities for the provision of water to the site as determined by the Public Works Department; the transport of sewage from the site to the waste water treatment plant as determined by the Public Works Department; the provision of electricity to the site as determined by the Electric Department; urban storm drainage as determined by the Public Planning Action PA # 2009-00784 Applicant: Ron Rezek Ashland Planning Division - Staff Report Page 7 of 15 35 Works Department can and will be provided to and through the subject property. Unless the City has declared a moratorium based upon a shortage of water, sewer, or electricity, it is recognized that adequate capacity exists system-wide for these facilities. E. Adequate transportation can and will be provided to and through the subject property. For the purposes of this section "adequate transportation" for annexations consists of vehicular, bicycle, pedestrian and transit transportation meeting the following standards: 1. For vehicular transportation a 20' wide paved access exists, or can and will be constructed, along the full frontage of the project site to the nearest fully improved collector or arterial street. All streets adjacent to the annexed area shall be improved, at a minimum, to a half-street standard with a minimum 20' driving surface. The City may, after assessing the impact of the development, require the full improvement of streets adjacent to the annexed area. All streets located within annexed areas shall be fully improved to city standards. Where future street dedications are indicated on the City's Street Dedication Map or required by the City, provisions shall be made for the dedication and improvement of these streets and included with the application for annexation. 2. For bicycle transportation safe and accessible bicycle facilities exist, or can and will be constructed. Should the annexation be adjacent to an arterial street, bike lanes shall be provided on or adjacent to the arterial street. Likely bicycle destinations from the project site shall be determined and safe and accessible bicycle facilities serving those destinations shall be indicated. 3. For pedestrian transportation safe and accessible pedestrian facilities exist, or can and will be constructed. Full sidewalk improvements shall be provided on one side adjacent to the annexation for all streets adjacent to the proposed annexed area. Sidewalks shall be provided as required by ordinance on all streets within the annexed area. Where the project site is within a quarter of a mile of an existing sidewalk system, the sidewalks from the project site shall be constructed to extend and connect to the existing system. Likely pedestrian destinations from the project site shall be determined and the safe and accessible pedestrian facilities serving those destinations shall be indicated. 4. For transit transportation, should transit service be available to the site, or be likely to be extended to the site in the future based on information from the local public transit provider, provisions shall be made for the construction of adequate transit facilities, such as bus sheiters and bus turn-out lanes. All required transportation improvements shall be constructed and installed prior to the issuance of a certificate of occupancy for any new structures on the annexed property. and H. One or more of the following standards are met: 1. The proposed area for annexation is to be residentially zoned, and there is less than a five-year supply of vacant and redevelopable land in the proposed land use classification within the current city limits. "Redevelopable land" means land zoned for residential use on which development has already occurred but on which, due to present or expected market forces, there exists the likelihood that existing development will be converted to more Planning Action P A # 2009-00784 Applicant: Ron Rezek Ashland Planning Division - Staff Report Page 8 of 15 36 intensive residential uses during the planning period. The five-year supply shall be determined from vacant and redevelopable land inventories and by the methodology for land need projections from the Housing Element of the Comprehensive Plan; or 2. The proposed lot or lots will be zoned E-1 or C-1 under the Comprehensive Plan, and that the applicant will obtain Site Review approval for an outright permitted use, or special permitted use concurrent with the annexation request; or 3. A current or probable public health hazard exists due to lack of full City sanitary sewer or water services; or 4. Existing development in the proposed annexation has inadequate water or sanitary sewer service; or the service will become inadequate within one year; or 5. The area proposed for annexation has existing City of Ashland water or sanitary sewer service extended, connected, and in use, and a signed "consent to annexation" agreement has been filed and accepted by the City of Ashland; or 6. The lot or lots proposed for annexation are an "island" completely surrounded by lands within the city limits. The criteria for Site Review approval are described in 18.72.070 as follows: The following criteria shall be used to approve or deny an application: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. All improvements in the street right-of-way shall comply with the Street Standards in Chapter 18.88, Performance Standards Options. (Ord. 2655, 1991; Ord 2836 S6, 1999) . The criteria for a Tree Removal Permit are described in AMC Chapter 18.61.080, as follows: An applicant for a Tree Removal Permit shall demonstrate that the following criteria are satisfied. The Staff Advisor may require an arborist's report to substantiate the criteria for a permit. A. Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard tree if the applicant demonstrates that a tree is a hazard and warrants removal. 1. A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to fall and injure persons or property. A hazard tree may also include a tree that is located within public rights of way and is causing damage to existing public or private facilities or services and such facilities or services cannot be relocated or the damage Planning Action P A # 2009-00784 Applicant: Ron Rezek Ashland Planning Division - Stall Report Page 90115 37 alleviated. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard or a foreseeable danger of property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treatment or pruning. 2. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the permit. B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the following: 1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards. (e.g. other applicable Site Design and Use Standards). The Staff Advisor may require the building footprint of the development to be staked to allow for accurate verification of the permit application; and 2. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks; and 3. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. Nothing in this section shall require that the residential density be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures or alternate iandscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with other provisions of the Ashland Land Use Ordinance. 4. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the permit. IV. Conclusions and Recommendations The application includes a request for Annexation of 1.02 acres, and requires Site Review approval since it involves the construction of a new building in the E-I zoning district. A Tree Removal Pennit is required to remove ten trees greater than six-inches diameter-at- breast-height. Annexation procedures require a public hearing before the Planning Commission, as well as the City Council. The Planning Commission has the authority to make the final decision with respect to the Site Review approval and 'the Tree Removal permits, and a separate motion will be needed with respect to forwarding a recommendation to the City Council with regard to the Annexation'request. Planning Action PA # 2009-00784 Applicant: Ron Rezek Ashland Planning Division - Stall Report Page 10011S 38 Staffbelieve the proposed building design is appropriate for the area's employment and light manufacturing designation, will complement the existing Modern Fan building, and is consistent with the City's Basic Site Review Standards. The materials proposed reflect a utilitarian design comprised of metal roofing and siding and split-faced concrete masonry unit blocks appropriate to the zoning district, however the proposal effectively executes these materials to create an attractive building which relates well to its surroundings, as evidenced by the recently constructed, and similarly designed, Modem Fan building. The generous number of clerestory windows provided will supply natural light to the interior spaces, while adding variation to the exterior. Staff are supportive of the application to annex the property and expand the existing Modern Fan business with the construction of the new 17,650 square foot warehouse/light manufacturing building. The requested annexation complies with the applicable approval standards, and the annexation/rezoning is consistent with the Comprehensive Plan designation of the property and with the Economy Goal of the Comprehensive Plan which strives for a healthy economy, diverse in the number, size and types of businesses - Modern Fan is a locally-owned internationally-known business that currently employs ten people and projects an annual growth often percent. Staff has raised a few issues in the body ofthis report, including the need to provide a final utility and drainage plan which address on-site detention and water quality requirements while preserving flows to the wetland on the property to the north, to dedicate additional right of way to accommodate required street frontage improvements, and to reduce the amount of parking initially provided through a phased parking installation. Overall, however, we believe that the application merits approval and that these issues can be satisfactorily addressed through conditions of approval. We accordingly recommend approval of the application with the following conditions attached: I) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That the plans submitted for the building permit shall be in substantial conformance with those approved as part of this application. If the plans submitted for the building permit are not in substantial conformance with those approved as part of this application, an application to modif'y this Site Review approval shall be submitted and approved prior to issuance of a building permit. 3) That a sign permit shall be obtained prior to installation of any new signage. Signage shall meet the requirements of Chapter 18.96. 4) That the future conversion of any portion of the proposed warehouse space to office use shall require that the building entrance be brought to within 20 feet of the right- of-way in order to comply with Basic Site Review Standards (II-C-I a.2), or that an Administrative Variance to this standard be obtained. Planning Action PA # 2009-007B4 Applicant: Ron Rezek Ashland Planning Di~sion - Staff Report Page 11 of 15 39 5) That prior to the submittal of a building permit: a) That a stormwater drainage plan, including details of on-site detention for storm water and necessary water quality mitigation, shall be submitted for the review and approval of the Planning, Building, and Engineering Divisions. The drainage plan shall also demonstrate that stormwater flows into the existing roadside ditch to the north will be retained at their current levels to ensure the continuing recharge of the wetland on the property to the north. b) Engineered construction drawings for the required "half-street" improvements along the full Washington Street frontage of the subject property shall be provided for the review and approval of the Oregon Department of Transportation and the City of Ashland's Planning and Engineering Departments prior to building permit submittal and prior to any work within the street right-of-way or pedestrian corridor. Required improvements shall include a minimum of 20 feet of pavement to accommodate motor vehicle travel lanes and six-foot bicycle lane, six-inch curb, seven-foot parkrow planting strip with irrigated street trees, eight foot sidewalks, and city standard streetlights on the west side of the right-of-way. The final engineered designs shall include details of the transition from the existing curbside sidewalk south of the property to a standard parkrow planting strip installation between the curb and sidewalk along the subject property's frontage. Additional land to accommodate the full 63 feet necessary to improve the right-of-way to city street standards for a Commercial Collector Street shall be provided through a right-of-way dedication. c) A final utility plan for the project shall be submitted for the review and approval by the Planning, Engineering and Building Divisions prior to issuance of a building permit. The utility plan shall include the location of connections to all public facilities in and adjacent to the development, including the locations of water lines and meter sizes, sewer mains and services, manholes and clean-outs, storm drainage pipes and catch basins. Utility installations, including any necessary fire protection vault, shall be placed outside of the pedestrian corridor, and necessary public utility easements on the property shall be shown on the building permit submittals. d) The applicant shall submit an electric distribution plan including load calculations and locations of all primary and secondary services including .transformers, cabinets and all other necessary equipment. With annexation, the property will no longer be served by Pacific Power and Light; service will be provided by the City's municipal electric utility and the necessary services to make this transition will need to be installed at the applicant's expense. This plan shall be reviewed and approved by the Planning, Engineering and Electric Departments prior to building permit submittal. Transformers and cabinets shall be located outside of the pedestrian corridor, in those areas least visible from the street while considering the access needs of the Electric Department. Planning Aclion PA # 2009-00784 Applicant: Ron Rezek Ashland Planning Oivision - Stati Report Page 12 of 15 40 6) That prior to the issuance of a building permit: a) The applicant shall provide a Tree Preservation and Protection Plan consistent with the requirements of AMC 18.61.200 and prepared by a certified arborist. This plan shall incorporate the recommendations of the Tree Commission's September 4th, 2009 meeting as conditions of approval where consistent with applicable standards and with final approval by the Staff Advisor, and shall specifically address the condition of all existing trees, their ability to tolerate the proposed development, and any measures in addition to standard protection fencing which may be necessary to preserve and protect those trees which are to remain on the site. b) That a Verification Permit in accordance with 18.61.042.B shall be applied for and approved by the Ashland Planning Division prior to removal of the ten trees to be removed from the site, and prior to site work, storage of materials and/or issuance of a building permit. The Verification Permit is to inspect the identifications of trees to be removed and the installation of tree protection fencing to protect the trees to be retained. The tree protection fencing shall be installed according to the approved Tree Protection and Removal Plan, inspected and approved by the Staff Advisor prior to site work, storage of materials and/or issuance of a building permit. c) The applicant shall provide evidence of permit approval, including copies of all approved plans, for all work to be done within Oregon Department of Transportation right-of-way. d) That the property owner shall sign in favor of a local improvement district for future improvements to Washington Street and for future improvements to the intersection of Washington Street and Highway 66 including a traffic signal prior to issuance of a building permit. e) The applicant shall provide a revised Landscape/Irrigation Plan which addressed the Water Conserving Landscaping Guidelines and Policies ofthe Site Design and Use Standards, including irrigation controller requirements to allow muItiple/flexible calendar programming. The revised landscape plan shall specifically identify mitigation trees on a one-for-one basis to offset the ten trees to be removed, or alternatively may propose replanting off-site or payment in lieu of planting as provided in AMC 18.61.084. f) All exterior lighting shall be appropriately shrouded so as not to permit direct illumination of any adjacent land. Lighting details, including a scaled plan and specifications detailing shrouding, shall be submitted to the Staff Advisor for review and approval with the building permit submittals. g) At the time of building plan submittal, the bike rack details and shelter details shall be submitted for review and approval by the Staff Advisor. The building permit submittals shall verify that the bicycle parking design, spacing, and coverage requirements are met in accordance with 18.92.040.1. Planning Action PA # 2009-00784 Applicant: Ron Rezek Ashland Planning Di~sion - Staff Report Page 13 of 15 41 h) Mechanical equipment shall be screened from view from Washington Street. The locations of mechanical equipment and any associated screening shall be shown on the site plan and elevations in the building permit submittals. i) That the buildings shall meet Solar Setback B in accordance with l8.70.040.B. The building permit submittals shall demonstrate compliance with Solar Setback B. j) The requirements of the Building Division shall be satisfactorily addressed, including but not limited to requirements that engineering be provided to ensure that the proposed footings for the "Modem Fan 2" building will not undermine the existing retaining wall for "Modem Fan 1", that necessary protection be provided for exterior wall openings, and that grade and turning radius requirements for forklift access between buildings be addressed. k). The requirements of the AsWand Fire Department shall be satisfied, including that all addressing shall be approved prior to being installed; that fire apparatus access be provided and necessary fire apparatus easements identified and recorded; that adequate fire flow be provided and maintained; that fire sprinklers, hydrants, a Knox box, and/or an FDe be installed; and that an approved walkway to accommodate fire fighter access around and between both buildings be maintained, including an approved gate of at least three-feet in width if any fencing is installed between the two properties. 1) A revised site plan detailing a phased parking installation shall be provided for the review and approval ofthe Staff Advisor. In the initial phase, parking to be installed for occupancy of the building would be limited to the six to eight spaces nearest Washington Street. The remaining 10-12 parking spaces in the northwestern portion of the site are to be reserved in landscaped area pending future installation in a second phase should the parking demand or the nature of the use change to necessitate their installation. 7) That prior to the issuance of a certificate of occupancy: a) That the screening for the trash and recycling enclosure shall be installed in accordance with the Site Design and Use Standards. b) All required parking areas shall be paved and striped. c) All landscaping and the irrigation systems shall be installed in accordance with the approved plan, inspected and approved by the Staff Advisor prior to the issuance of a certificate of occupancy. That at the time of planting and prior to the issuance of a final certificate of occupancy, not less than two inches of mulch shall be added in all non-turf landscaped areas in the developed area after the installation of living plant materials. d) That street trees, one per 30 feet of street frontage, shall be installed along the frontage of the development in accordance with the approved final landscaping plan and prior to issuance of the certificate of occupancy. All Planning Action PA # 2009-00784 Applicant: Ron Rezek Ashland Planning Oi"sion - Staff Report Page 14 of 15 42 e) street trees shall be chosen from the adopted Street Tree List and shall be installed in accordance with the specifications noted in Section E of the Site Design and Use Standards. The street trees shall be irrigated. That required bicycle parking spaces with a minimum of 50 percent sheltered from the weather shall be installed according to the approved plan, inspected, and approved by the Staff Advisor prior to issuance of a certificate of occupancy. Planning Action PA # 2009.00764 Applicant: Ron Rezek Ashland Planning Division - Staff Report Page 15 of 15 43 .;J.:fll . ~v I o:~ &?~~~ r:n <t <t(!)o.. ~ . ~~.I ~~ '<:t'<:t LO I,/') ~~ II NV:::I N7:i300W ;::i=Ci ~ C\j::>W :2 roC/):2 . W J.- "%. ,! ; ~ - ~-' ~ ~ ~ U; '! . I .'ti .;r ~ ill ~ -J:.-u- . . . , ~,.' i. I '1 .1 , i ~'I ! ; 1 ;, I , ;; g'l I III I, , . ~I' i. . ~<! ^ ~LL-___~__~~ if: e5 <$> E'l ~ o i :z:. ~ D ~ ~ ~. ~ G Q i .~ . .~ 3: Ii' l: \S Q ~~ ~< \152 \J'i~ l!:!\S) ~2 ~< . / ,'./ ? "'/..,, , ~/,'.' /,.'./1~ . ,,' . .';';: / /" / /""" ./ / / ./ r //':::~ --/~/.~/. .-",::;:: --::.--'-"..."'.1 /..."";- ....-:;..~... I -- .--;::;....;;..--- 'I "",'" .-- I ",..-/",,/ / -_.---~, .--"'--, !li! '-0'_ 'F It). ~~,,~ " .... ,---- . f ',',' '0' ; ""'..:...;;':.:; , , , , . , '"<, =>, ILl ~: , , , , , , , , , , , , , . , ., , , , I I -I I I I ~I ~:: . '-":'. '~..;' . .:,.j....J . ... , .. ";.' ,.';. : :'.~ .. ....!. .' '.';: ;;"; l c.. '.- ~f.j J~/ /~ ~o.'f r~'\ .,4~ ~ -.;//" I' ..~ v/ ,-,';q- " /" " " . r~' CITY OF ASHLAND Planning Department, 51 Winburn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552.2050 www,ashland,oLus TTY: 1-800-735-2900 PLANNING ACTION: 2009-00784 SUBJECT PROPERTY: 615 Washington OWNER/APPLICANT: Ron Rezek DESCRIPTION: A request for Annexation and Zoning Map change from Jackson County zoning RR.5 (Rural Residential) to City of Ashland zoning E.1 (Employment) for an approximately 1.02.acre parcel located at 615 Washington Street. The application is for a warehouse facility to serve the adjacent Modern Fan business at 709 Washington Street. The application includes a request for the Site Review Approval for the 17,650 square foot warehouse building and associated parking areas and landscape installation. A Tree Removal Permit is requested to remove twelve trees greater than six inches diameter at breast height or greater. COMPREHENSIVE PLAN DESIGNA TlON: Employment; PROPOSED ZONING: E.1; ASSESSOR'S MAP #: 39 1E 14 AC; TAX LOT: 200. NOTE: The Ashland Tree Commission will also review this Planning Action on September 3, 2009 at 6:00 p.m. in the Community Development and Engineering Services building (Siskiyou Room) located at 51 Winburn Way. ASHLAND PLANNING COMMISSION MEETING: September 15, 2009 at 7:00 PM, Ashland Civic Center (~S! '] LZ..:.--:"':::':::1 j':7'""""<--' , o 815170 !IlIO"_ Notice is hereby given that a PUBLIC HEARING on the following request 'Nith respect to the ASHLAND LAND USE ORDINANCE will be held before the ASHLAND PLANNING COMMISSION on meeting date shown above, The meeting wilt be at the ASHLAND CIYtC CENTER, 1175 East Main Street Ashland, Oregon. The ordinance criteria applicable to this application are attached to this notice. Oregon law slales that failure to raise an objection concerning this application, either in person or by letter. or failure to provide sufficient specificity to afford the decision maker an opportunIty to respond to the ISSU8. precludes your right of appeal to the land Use Board of Appeals (LUBA) on that issue. Failure to specify 'Nhlch ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other Issues relating to proposed conditions of approval 'Nith sufficient specificity to allow this Commission to respond to the issue precludes an action for damages in circuit court. A copy of the applicatlon, all documents and evidence relied upon by the applicant and applicable criteria are available far inspection at no cost and 'Nill be provided at reasonable cost, If requested. A copy of the Staff Report 'Nill be available for inspection seven days prior to the hearing and 'Nill be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department, Community Development and Engineering Services, 51 Winbum Way, Ashland. Oregon 97520, During the Public Hearing, the Chair shall allow testimony from the applicant and those in attendance concerning this request. The Chair shall have the right to limit the length of testimony and require that comments be restricted ta the applicable criteria. Unless there is a continuance, if a participant so requests before the condusion of the hearing, the record shall remain open for at least seven days after the hearing. In compliance with the American with Disabilities Act. if you need special assistance to participate In this meeting. please contact the City Administrator's offk:e at 541-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting, (28 CFR 35,102,-35,104 ADA Title I), If yau have questions or comments concerning this request. please feel free to contact the Ashland Planning Division. 541-488-5305. 45 ANNEXATIONS - APPROVAL STANDARDS 18,106.030 Approval standards An annexation rnay be approved if the proposed request for annexation conforms, or can be made to conform through the imposition of conditions, with the following approval criteria: A. The land is within the City's Urban Growth Boundary. 8. The proposed zoning for the annexed area is in conformance with the designation indicated on the Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an allowed use within the proposed zoning, C, The land is currently contiguous with the present City limits, D, Adequate City facilities for the provision of water to the site as determined by the Public Works Department; the transport of sewage from the site to the waste water treatment plant as determined by the Public Works Department; the provision of electricity to the site as determined by the Eiectric Department; urban storm drainage as determined by the Public Works Department can and will be provided to and through the subject property, Unless the City has declared a moratoriurn based upon a shortage of water, sewer, or electricity, it is recognized that adequate capacity exists systern-wide for these facilities. E. Adequate transportation can and will be provided to and through the subject property, For the purposes of this section "adequate transportation' for annexations consists of vehicular, bicycle, pedestrian and transit transportation rneeting the following standards: 1, For vehicular transportation a 20' wide paved access exists, or can and will be constructed, along the full frontage of the project site to the neares fully improved collector or arterial street All streets adjacent to the annexed area shall be improved, at a rninimum, to a half-street standard with a minirnum 20' driving surface. The City may, after assessing the impact of the development, require the full improvement of streets adjacent to the annexed area, All streets located within annexed areas shall be fully improved to city standards, Where future street dedications are indicated on the City's Street Dedication Map or required by the City, provisions shall be made for the dedication and improvernent of these streets and included with the application for annexation. 2, For bicycle transportation safe and accessible bicycle faciiities exist, or can and will be constructed. Should the annexation be adjacent to an arteria street, bike lanes shall be provided on or adjacent to the arterial street. Likely bicycle destinations from the project site shall be determined and safe and accessible bicycle faciiities serving those destinations shall be indicated, 3, For pedestrian transportation safe and accessible pedestrian facilities exist, or can and will be constructed, Full sidewalk improvements shall be provided on one side adjacent to the annexation for all streets adjacent to the proposed annexed area, Sidewalks shall be provided as required by ordinance on all streets within the annexed area. Where the project site is within a quarter of a mile of an existing sidewalk system, the sidewalks frorn the project site shall be constructed to extend and connect to the existing system. Likely pedestrian destinations from the project site shall be determined and the safe and accessible pedestrian facilities serving those destinations shall be indicated. 4, For transit transportation, shoutd transit service be available to the site, or be likely to be extended to the site in the future based on information frorn the local public transit provider, provisions shall be made for the construction of adequate transit facilities, such as bus shelters and bus turn-ou lanes, All required transportation improvements shall be constructed and installed prior to the issuance of a certificate of occupancy for any new structures on the annexed property, . ,F, For all residential annexations, a plan shall be provided dernonstrating that the development of the entire property will ultimately occur at a minimum density of 90% of the base density for the zone, unless reductions in the total number of units is necessary to accommodate significant natural features topography, access Iirnitations, or sirnilar physical constraints, The owner or owners of the property shall sign an agreement, to be recorded with the county clerk after approval of the annexation, ensuring that future development will occur in accord with the minimurn density indicated in the development plan, For purposes of computing maximum density, portions of the annexed area containing undevelopable areas such as wetlands floodplain corridor lands, or slopes greater than 35%, shall not be included. G. For all annexations with a density or potential density of four residential units or greater and involving residential zoned lands, or commercial, employrnen or industrial lands with a Residential Overlay (R-Overlay): 1. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of median incorne; or 2, 25% of the base density to qualifying buyers or renters with incomes at or below '100% of median incorne; or 3. 20% of the base density to qualifying buyers or renters with incornes at or below 80% of median income; or 4, 15% of the base density to qualifying buyers or renters with incomes at or below 60% of median income; or 5, Tille to a sufficient amount of buildable land for development is transferred to a non-profit (IRC 501 (3)(c)) affordable housing developer or comparable Developrnent Corporation for the purpose of complying with subsection 2 above. The land shall be located within the project and at needed public facilities shall be extended to the area or areas proposed for transfer, Ownership of the land shall be transferred to the affordable housing developer or Developrnent Corporallon prior to commencement of the project. The total number of affordable units described in this section G shall be determined by rounding down fracllonal answers to the nearest whole unit. A deed restriction, or similar legal instrurnent, shall be used to guarantee cornpllance with affordable criteria for a period of not less than 80 years Properties providing affordable units as part of the annexation process shall qualify for a maximum density bonus of 25 percent. H. One or more of the following standards are met: 1. The proposed area for annexation is to be residentially zoned, and there is less than a five. year supply of vacant and redevelopable land in the proposed land use classification within Ihe current city limits, 'Redevelopable land" means land zoned for residential use on which development has already occurred but on which, due to present or expected rnarket forces, there exists the likelihood that existing development will be converted to more intensive residential uses during the planning period. The five. year supply shall be determined frorn vacant and redevelopable land Inventories and by the methodology for land need projections from the Housing Element of the Comprehensive Plan; or 2, The proposed lot or lots will be zoned E-1 or C.1 under the Comprehensive Plan, and that the applicant wiWobtain Site Review approval for an outright permitted use, or special permitted use concurrent with the annexation request; or 3, A current or probable public health hazard exists due to lack of full City sanitary sewer or water services; or 46 G:'comm-dcv\pl.acn.ing\Noti<<:sMailcd'1009\2009-(X)784.do\: 4, Existing development in the proposed annexation has inadequate water or sanitary sewer service; or the service will become inadequate within one year; or 5. The area proposed for annexation has existing City of Ashland water or sanitary sewer service extended, connected, and in use, and a signed "consent to annexation' agreement has been filed and accepted by the City of Ashland; or 6, The lot or lots proposed for annexation are an "island' cornpletely surrounded by lands within the city limits, (ORD 2792,1997; ORD 2S95, 2003) ZONING CHANGE - TYPE III PROCEDURE 18,108.060,A & B Approval Criteria A, The following planning actions shall be subject to the Type III Procedure: 1, Zone Changes or Amendrnents to the Zoning Map or other official maps, except for legisiative amendments, 2. Cornprehensive Plan Map Changes or changes to other official maps, except for legislative amendments, 3. Annexations, 4, Urban Growth Boundary Amendments B, Standards for Type III Planning Actions, 1, Zone changes, zoning map amendments and cornprehensive plan map changes subject to the Type III procedure as described in subsection A 0 this section may be approved if in compliance with the comprehensive plan and the application demonstrates that: a, The change implements a public need, other than the provision of affordable housing, supported by the Comprehensive Plan; or b, A substantiai 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, Circurnstances 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 one 0 the following: 1. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of median income; or 2, 25% of the base density to qualifying buyers or renters with incomes at or below 100% of median income; or 3, 20% of the base density to qualifying buyers or renters with incomes at or below 80% of median income; or 4, 15% of the base density to qualifying buyers or renters with incomes at or below 60% of median income; or 5, Title to a sufficient amount of buildable land for deveiopment is transferred to a non-profit (IRC 501 (3)(cl) affordable housing deveioper or comparable Development Corporation for the purpose of complying with subsection 2 above. The land shall be located within the projec and all needed public facilities shall be extended to the area or areas proposed for transfer, Ownership of the land shall be transferred to the affordable housing developer or Development Corporation prior to commencement of the project; or e, Increases in residential zoning density of four units or greater on commercial, employrnent or industrial zoned lands (i.e. Residential Overlay) will not negatively impact the City of Ashland's commercial and industrial land supply as required in the Comprehensive Plan, and will provide one of the following: 1, 35% of the base density to qualifying buyers or renters with incomes at or below 120% of median income; or 2. 25% of the base density to qualifying buyers or renters with incomes at or below 100% of median income; or 3, 20% of the base density to qualifying buyers or renters with incomes at or below 80% of median income; or 4, 15% of the base density to qualifying buyers or renters with incomes at or below 60% of median income; or 5, Title to a sufficient amount of buildable land for development is transferred to a non-profit (IRC 501 (3)(c)) affordable housing developer or comparable Development Corporation for the purpose of complying with subsection 2 above, The land shall be located within the projec and all needed public facilities shall be extended to the area or areas proposed for dedication, Ownership of the land and/or air space shal be transferred to the affordable housing developer or Development Corporation prior to commencement of the project. The total number of affordable units described in sections D or E shall be determined by rounding down fractional answers to the neares whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a perlod of not less than 60 years, Sections D and E do not apply to council initiated actions, SITE DESIGN AND USE STANDARDS 18,72.070 Criteria for Approvai The fOllowing criteria shall be used to approve or deny an application: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirernents of the Site Review Chapter have been rnet or will be met. C, The development complies with the Site Design Standards adopted by the City Council for Implementation of this Chapter. D, That adequate capacity of City facilities for water, sewer, paved access to and through the developrnent, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property, All improvements in the street right-of-way shall comply with the Stree Standards in Chapter 18.88, Performance Standards Options, (ORD2655, 1991; ORD 2836, 1999) G:'comm-dev\planning\NoticesMailed'1009\2009-007114.doc 47 TREE REMOVAL 18,61,080 Criteria for Issuance of Tree Rernoval - Staff Permit An applicant for a Tree Removal Permit shall demonstrate that the following criteria are satisfied. The Staff Advisor rnay require an arborist's report to substantiate the criteria for a permit. A, Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard tree if the applicant demonstrates that a tree is a hazard and warrants removal. 1, A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to fall and injure persons or property, A hazard tree may also include a tree that is located within public rights of way and is causing damage to existing public or private facilities or services and such facilities or services cannot be relocated or the damage alleviated, The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard or a foreseeable danger of property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treatment or pruning, 2, The City rnay require the applicant to rnitigate for the removal of each hazard tree pursuant to AMC 18.61,084, Such mitigation requirements shall be a condition of approval of the permit. B, Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates ali of the following: 1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards, including but not limited to applicable Site Design and Use Standards and Physical and Environmental Constraints. The Staff Advisor may require the building footprint of the development to be staked to allow for accurate verification of the permit application; and 2, Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks; and 3, Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property, The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. Nothing in this section shall require that the residential density be reduced below the perrnitted density allowed by the zone, In making this determination, the City may consider alternative site plans or placement of structures or alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with other provisions of the Ashland Land Use Ordinance. 4, The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to AMC 18,61,084, Such mitigation requirernents shall be a condition of approval of the permit. (ORD 2951, 2006; ORD 2663, 2002) \ G:\'(omm.de\'\planning'NlllieeJMailed\2009i2009..oo784.doc 48 104 Valley View Avenue P.O. Box 467 Talent OR 97540 TALENT IRRIGATION DISTRICT LAND USE AGENCY RESPONSE FORL'\f Phone: 541-535-1529 .Fax: 541-535-4108 Emall: tid@talentld.org Upd.!<d S/211OR NAME OF ENTITY REQUESTING RESPONSE: CITY OF ASHLAND PLANNING DEPARTMENT ENTITY REFERENCE NUMBER: 2009-00784 MEETING REVIEW DATE: SEPTEMBER 15. 2009 MAP DESCRIPTION: 39-1E-14AC TL 200 PROPERTY ADDRESS:615 WASHINGTON ST. ASHLAND. OR 975fO Igj NO COMMENT ON LAND USE ISSUE (IF NOT MARKED, CONTINUE BELOW) NO COMMENT IF CJfECKED COMMENTS ARE APPLICABLE o A. WATER RIGHT ISSUES o I. Water rights need to be sold to someone or transferred back to Talent Irrigation District. Number ofIrrigated Acres: _ Comments: _ o 2. Must have District approval for water rights to remain in place on subject property. Comments: o B. EASEMENTS DISTRICT EASEMENTS o J. Easement needs to remain clear. No permanent Structures or deep rooted plants will be a1lowci:\ within the casement limits. Comments: _ o 2. If 1acility is to be relocated or modified, specifications must meet the District's standards and be agreeable to the District. A new written and recorded easement must be conveyed to the District. Comments: _ o 3. If a written and recorded easement does not exist for an existing facility, then one must be provided in favor of the District. Comments: PRIVATE EASEMENTS o J. PropertY may bave private facilities (ditch OT pipeline) that the District does not manage. Arrangements may need to be made to provide continued service through the subject property for downstream water users. Comments: _ '5hllrcd/wordl(orm~ Talent Irrigation District Agency Response Form 49 Page 1 of2 NO COMMENT IF CHECKED COMMENTS I\RE APPLlCAULE Updatod ~12I/08 o PRIVATE EASEMENT PROVISIONS FOR MINOR PARTITIONS AND/OR LOT LINE ADJUSTMENTS I. Tfthe property currently has water rights and it is being partitioned or a lot line adjustment is being made, easements must be written and recorded which allow access for all oflhe pieces of property with water rights to continue to have access to the water. Comments: o WATER METER REQUIREMENT ON TRANSFERRED WATER RTGHTS 1. Tfthe water right on this property is a transferred water rightthat currently has a water meter requirement, then each of the properties split offofthe original parcel all need to have water meters installed prior to the use of irrigation water on the newly formed parcels. Comments: o o C. FACILITIES (including but riot limited to pipelines, ditches, canals, control checks or boxes) 1. Upgrades to District facilities may be required to support any land use changes or developments, sucb as pipe installations or encasing existing pipe under roads or concrete. Comments: o o D. DRAINAGE/STORM WATER The District relies on the Bureau ofReclamatioo's Stonn Water Policy. No urban stonn water or point source flows will be allowed into the District's facilities without going through the Bureau of Reclamation process. (Developments in historically agricultural areas need to be aware of agricultural nm off water and take appropriate action to protect the development from upslope water.) Comments: GENERAL COMMENTS: I, No interruptions to irrigation water deliveries will be allowed. 2. T.I.D. is a Federal Project and some facilities and/or easement issues may need Bureau of Reclamation approval. 3. The developer/sub-divider will take all appropriate actions to ensure the reliability and protection of the original function of tbe District's facilities. As required by ORS 92.090(6) the entity must receive a certification form from the District before approval of the final Date Signed: & "A.. ~ \\ . ~O"'l. !lhllredlwordlfonn,; Talent Irrigation District Agency Response Form 50 Page 2 of2 ASHLAND TREE COMMISSION PLANNING APPLlCA nON REVIEW September 3, 2009 PLANNING ACTIONS: 2009-00784 SUB.JECT PROPERTY: 615 Washington Street APPLICANT: Ron Rezek DESCRIPTION: A request for Annexation and Zoning Map change from Jackson County zoning RR-5 (Rural Rcsiden1ial) to City of Ashland zoning E-I (Employment) for an approximately 1.02-acre parcel located at 615 Washington Street. The application is for a warehouse facility to serve the adjacent Modem Fan business at 709 Washington Street. The application includes a request for the Site Review Approval for the 17,650 square foot warehouse building and associated parking areas and landscape installation. A Tree Removal Permit is requested to remove twelve trees greater than six inches diameter at breast height or greater. COMPREHENSIVE PLAN DESIGNATION: Employment; PROPOSED ZONING: E-I; ASSESSOR'S MAP #: 39 IE 14 AC; TAX LOT: 200. Recommendation: I) That all tree staking tor the newly planted trees shall be removed within one year of tree planting, Department of Community Development 51 WmbumWay Ashland, Oregon 97520 www.ashtunu.or l1S Tel: 541-488-5350 Fax: 541-552,2050 TTY: 800,735,2900 CI T Y 0 F ASHLAND 51 BRUCE H. ABELOE, ARCHITECT, A.I.A. ARCHITECTURE PLANNING SUSTAINABLE DESIGN SITE REVIEW - FINDINGS OF FACT A. All applicable City ordinances have been met or will be met by the proposed development. Finding; The development has met all applicable land use ordinances (setbacks, etc.), building code requirements, tire code requirements and public works rcquirements. B. All requirements of the Site Review Chaptcr 18.72, have been met or will be met. Findings; I. 18,72 - Meets E:l zoning district permitted uses. 18.40.020.E. Lighting manufacturing. 2. 18.72 - 18.92.020 Parking Requircd, See sheet GOO I - Project Information. 3. 18.92,040 Bicycle Parking- See sheet GOOI- Project Information. 4. All yard setbacks have been met. 5. 18.72.1] 5 Rccycling Requirements - Facility provided adjacent to the building. 6, Vehiclc Traffic - Only automobiles and small to medium trucks are allowed on this site. Large trucks will access Modem Fan I only. 7, The project has 10'-0" wide frontage landscape area per ordinance - Section I1-C-Ib of the Site Design and Use Standards. 8. Building ground coverage requirement has been met - See sheet GOO I - Project Information. C. Te development complies with the Site Design Standards adopted by the City Council for implementation of this chapter. Findings; ]) Section II, A - Ordinance Landscaping Requirements (page] 3) E-I requirement is 15%, the development exceeds this requirement. See sheet GOO I - Project Information, 2) Section II, C - Commercial Employment and Industrial Development, "Basic Site Review Standards", pages 17-19 .' I1-C-Ia Olientation and Scale. The building has its I, Primary Orientation to Washington Street. The building entrance is facing Washinl,"on Street and is connected to the public sidewalk. 3. These requirements may be waived if the building is not accessed by pedestrians, such as warehousing and industrial buildings without attached offices and automotive service stations. This development supports Modern Fan I with additional warehousing space. This development does not have offices and is not open to the public. i 2009 827 Alder Creek Drive, Suite A Medford. Oregon 97504 bruce _ abeloe@abeloe,corn 52 (541) 734-3853 FAX (541) 734-3893 BRUCE H. ABELOE, ARCHITECT, A.I.A. ARCHITECTURE PLANNING SUSTAINABLE DESIGN II-C-Ib) Streetscape, We have one street tree for each 30 feet of frontage (see sheet Ll 0 I, Landscape Plan). The street tree species was detenuined at the Modem Fan I project. II-C-l c) Landscaping I, The landscape plan is designed to meet this coverage requirement. 2, This requirement is met. 3, This requirement is met. 4, This development will have an automatic irrigation system. S. Yes. See Tree Removal Plan II-C-I d) Parking L This development's parking is located at the side of the building. 2, The parking area is screened ITom adjacent uses and shaded by deciduous trees. II-C-le) Not Applicable, II-C-I f) Noise and Glare. Since this is a warehouse / distribution building. Noise is not an issue. The exterior lighting is located at the building, II-C-l g) Not Applicable, 3) Parking Lot Landscaping and Screening Standards, I, 11-0-1 Screening at Required Yards. We have a hedge at front yard screening, the start of the parking area. II-D-2 Screening Abutting Property Lines. We have incorporated a five foot wide landscape strip (screening) at the parking area. See the Site Plan and Landscape Plan. II-D-3 Landscape Standards, .1. 7% of parking area requirement has been met. See sheet GOal - Project Information, We have one tree per seven parking spaces. 2,,3,4 and 5. These requirements have been met. See Landscape Plan, 11-0-4 I1-D-S 11-0-6 Not Applicable Hedge Screening - Has been met. ,i Refuse area is screened. See Site Plan. A IIJ~ 1 / "r'r'r' 1\00 'bJU'J 4) E. Street Tree Standards - Have been met. 827 Alder Creek Drive, Suite A Medford, Oregon 97504 bruce _ abeloe@abeloe,corn 53 (541) 734-3853 FAX (541) 734.3893 BRUCE H. ABELOE, ARCHITECT, A.I.A. ARCHITECTURE PLANNING SUSTAINABLE DESIGN D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage and adequate transp0l1ation can and will be provided to and through the subject propeJ1y, All improvements in the street right of way shall comply with the Street Standards in Chapter 18,88. Findings: This parcel is part of an economic light industrial subdivision. The utilities were developed as part of developing the subdivision. Just as there are adequate services for Modern Fan I, - there are adequate services for Modern Fan II, we plan to have on-site detention for the development storm drainage. Washington Street is a commercial neighborhood collector. Currently Washington Street is part of the Federal Highway right of way. David Plyes, ODOT, met with the design team and communicated with the City of Ashland Public Works Department. The existing sixty foot right of way is more than adequate for the required collector standard requirements without requiring additional right of way. AllG i 2009 827 Alder Creek Drive, Suite A Medford, Oregon 97504 bruce _ abeloe@abeloe,corn 54 (541) 734-3853 FAX (541) 734-3893 BRUCE H. ABELOE, ARCHITECT, A.I.A. ARCHITECTURE PLANNING SUSTAINABLE DESIGN TREE REMOVAL - FINDINGS OF FACT Findings: I. The trees to be removed as indicated at the Tree Removal Plan, are "not a hazard"- these trees are being removed in order to penn it the application to be consistent with other applicable land use ordinances requirements and standards. 2. Tree removal will not impact erosion control, protection of adjacent trees and lor existing wind breaks. 3, Tree removal will not have any impact on tree densities, sizes, canopies, and species within 200 feet of the subject property. 4. Pennit is required ".-(1.' , ;\.u " 827 Alder Creek Drive, Suite A Medford, Oregon 97504 bruce _ abeloe@abeloe,corn , 55 (541) 734-3653 FAX (541) 734-3893 BRUCE H. ABELOE, ARCHITECT, A.I.A. ARCHITECTURE PLANNING SUSTAINABLE DESIGN ANNEXATION - FINDINGS OF FACT. CRITERIA IN 18.106.030 A. The land is within the City's Urban Growth Boundary. Finding: This development is within Ashland's Urban Growth Boundaries. B, The proposed zoning for the annexed area is in confonnance with the designation indicated on the Comprehensive Plan Map and the project, if proposed concurrently with the anncxation, is an allowed use with the proposcd zoning, Finding: The prope11ies surrounding this parcel are already annexed. Their zoning is E-l. This parcel will be E-l as desib'11ated at the Comprehensive Plan Map, The proposed development meets the pennitted use requirements. C. The land is cUlTently contiguous with the present city limits. Finding: Yes. D. Adequatc city facilities for provision of water to the site, As detennined by the Public Works Department; the transport of sewage from the site to the waste water treatment plant as dctelmined by the Public Works Department; the provision of electricity to the site as detelmincd by the Electric Department; urban storm drainage as detennined by thc Public Works Department can and will be provided to and through the subject propel1y, Unless the city has declared a moratorium based upon a shortage of water, sewer, or elcctricity it is recognized that adequate capacity exists system-wide for these facilities. Finding: There isn't a moratorium in effect. Modem Fan" has access to the same services as Modern Fan 1. E. Adequate transportation can and will be provided to and through the subject property. I. Vehicular Transportation - Findings, This project will be required to improve Washington Street to a half street standard at its frontage. 2. Bicycle transportation - findings, This project will develop a bike lane on Washington Street at the frontage, As a quasi-industrial arca with only partially developed public streets - bicycle facilities will have to develop in the future. 3. Pedestrian Transportation - Findings. This project will install a seven foot wide public sidewalk at the project frontage. The frontage sidewalk will connect to the Modern Fan I existing public sidewalk. To the north the nearest public sidewalk is over a half mile away. 4. Transit Transportation - Findings. Transit service is cUlTently not provided and not likely to be extended to this site in the ncar future. "."::i F, Residential Applications - Not Applicable. 'l)" /'1 l7 7 2009 827 Alder Creek Drive, Suite A Medford, Oregon 97504 - .:ct (541) 734-3853 FAX (541) 734-3893 bruce _abeloe@abeloe.com 56 WETLAND LAND USE NOTIFICATION FORM ' . "., . (this form is to be comr . d only by planning department staff for r ,ed wetlands/wa;~~ E 1 V ED DEPARTMENT OF STATE LANDS WETLANDS PROGRAM .. West side of Cascades, send to: 775 Sununer Street NE, Suite 100; Salem, OR 97301-1279; (503) 378-3805 '. East side of Cascades, send to: 1645 NE Forbes Rd" Suite 112 Bend, OR 97701; (541) 388-6161:PARTMENT OF ,I. County: Jackson Local Case File #; PA2009-00784 STATE LANDS City: Ashland DSL File #: WN .200'7'() 17 j (eomoleted bv DSL Stam Responsible Jurisdiction: [SJ City 0 County DSL Project #:.'50~, ,,\,:j' (comoleted bv DSL Staff) 2. APPLICANT: Ron Rezek LANDOWNER: Ron Rezek name 709 Washimrton Street mailing address Ashland, OR 97520 city, state zip (54!) 944-9748 phone name 709 Washimrton Street mailing address Ashland. OR 97520 city, state zip (541) 944-9748 phone 3, LOCATION TJ9S RIE S14 ~,AC Address (street/city) 615 Washington Street NWI quad map name Ashland Tax Lot(s) 200 4, ATTACHMENTS Attach all the following (with site marked): . L WI 1 NWI Map (ifno LWI map) . Parcel Map. Site Plan (if any) If applicable attach: 0 Other 5, SITE INFORMATION LWI/NWI Wetland Classification Codes(s) Adjacent Waterway (if any) none County zoning. (Citv zoning will be E-]' Employment) Zoning RR-5, Rural Residential, Jackson 6. PROPOSED ACTIVITY [8J site plan approval 0 subdivision [8J Other Annexation [8J grading permit 0 plaIU1ed unit development o conditional use permit [8J building permit (new structures) Proj ect Description Annexation of a lot into the City and construction of a new commercial building Completed by/Contact Angela Barrv Address 20 East Main St.. Ashland. OR 97520 Date 7/14/2009 E-Mail barrvalaiashland.oLus Phone: (541) 552-2052 ._ - :.J DSL RESPONSE o A removal-fill permit is required from the Department of State Lands o A removal-fill permit will be required when the development project proceeds o A removal-fill permit may be required o A permit may be required by the Corps of Engineers (503-808-4373) o Information needed includes: o A wetland determination/delineation report o o State Permit # 0 was issued 0 ha~ed for i2'1 No removal-fill permit is required for the described project i ecause: D""d 0"-' Sub"",' W s:k.- f I""" "-,,,01 co~,,+u~h'cl..J w:1h An~"I"" 13,...r~)' "'-t'l'e<-r> fh..t- Jk. pmfMPd \' Hod..,,.} {:c,,,, II 'I bv; \J;.J"l en \A. lup(, , duo;c!. ~"" f"-vk It> Sh.1e. re'1vl",l-erA ,^",-H.",tttL~ Comments: Cl"'.(. We-. K<'5 . ...L. JUL 3 1 2009 :;1 o On-Site Visit By: Date: Response completed by: (1 etA nL....:....- ~'-:"'!un---.. Date: D 7 - ~ 7 - 0 '1 * If the project is changed to involve fill or removal from the wetlands area, a state removal-fill permit will be required. http://www.oregonstatelands.us/wetlanduse.htm 0 Mailings Completed ~ata Entry Completed August 2007 57 CITY OF ASHLAND ENGINEERING DIVISION IRREVOCABLE CONSENT TO ANNEXATION The undersigned, referred to in this document as "Owner" whether singular or plural, owns or is the purchaser under a recorded land sale contract of real property in Jackson County, Oregon, described below and referred to in this document as "the property": See attached Exhibit "A" In consideration of the application for annexation and subsequent connections from the property to City of Ashland services, Owner declares and agrees that the property shall be held, sold, and conveyed subject to the following covenants, conditions, and restrictions which shall constitute covenants running with the land and shall be binding on all parties, their heirs, successors and assigns, having any right, title, or interest in the property or any part thereof: Whenever a proposal to annex the property is initiated by the City of Ashland or otherwise, Owner shall consent and does consent to the annexation of the property to the City of Ashland. Owner agrees this consent to annexation is irrevocable, Dated this .Q day of 0lJ U~ ,2~. Signature: ~ , Owner State of Oregon ) ) ss: County of Jackson ) Personally appeared the above named 110 h 17 e.. z- e I( instrument to be his voluntary act and deed. and acknowledged the foregoing (21;.+) 0/li1fhr/.e:-nw Notary bllc for Oregon My Commission expires: J - .:{(7 - /3 (c:\engineerl.doc) . 0FAClAl. SEAl. CAROlYN lWlar ICIlWEIIIIIJB NOTARY PUBUC-DIlEOOH COMMISSIoN NO, 436232 lolY COIolMlSSION EXI'IREs MAR,-ii. 2013 58 ANNEXA nON AGRREEMENT TO DEPOSIT AN AMOUNT SUFFICIENT TO RETIRE ANY OUTSTANDING fNDEBTEDNESS OF SPECIAL DISTR[CTS Between lLON 1lEzE1~ and C[TY OF ASHLAND TH[S AGREEMENT entered into by and between \Loq \2-E"'Z-8<:., hereinafter referred to as "APPLICANT" and the C[TY OF ASHLAND, hereinafter referred to as "CITY", WITNESSETH: WHEREAS, pursuant to ORS 222.520(2)(b), the CITY elects to pay the bonds ofthe special districts when such property subject to special district indebtedness is annexed by the CITY. WHEREAS, Ashland Municipal Code, Sections 4.14.020, I4.08.030(F) and I8.106.020(B), require that an applicant for annexation must agree to deposit an amount sufficient to retire any outstanding indebtedness of special districts defined in ORS 222.510 as part of an annexation application. NOW, THEREFORE, as part of the annexation application for the property described in APPENDIX "A", APPLICANT agrees to deposit an amount sufficient to retire any outstanding indebtedness of special district defined in ORS 222.510, [n the event that no special district requests from the CITY an amount to be paid to retire indebtedness within one (I) year from the date of annexation, the full amount deposited to the CITY shall be returned to the APPLICANT. In the event that a special district requires an amount less than the amount deposited, the CITY shall return the remainder to the APPLICANT. APPLICANT FOR ANNEXATION: ~ , i Signed Date C<' [1 ' 0 c- CITY OF ASHLAND: signedUh+J vI~0zM/ Date It> - I '7 - 0 '1 G:\comm-dev\planning\fonns & Handouts\Annexation\Annex Agreement. AMC 18.106.020(8). Special Districts Indebtedness.doc 59 Aug l' 0801:01p Julia Rezek , 5<'1-488-9370 p,l Pre:imlnary Report Order No.: 7162.1179959 page50fS Exhibit "All Reai property in the County of Jackson, State of Oregon, described as follows: BEGINNING AT THE NORTHEAST CORNER OF TIiE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SEmON 14, TOWNSHIP 39 SOUTH, RANGE 1 EAST, WILLAMETTE MERlDIAN JACKSON COUNTY, OREGON; TI-lENCE WEST 438.0 FEET; THENCE SOUTH 00 17' WEST 130.0 FEET; THENCE EAST 438.0 FEET; THENCE NORTH 00 17' EAST 130,0 FEET TO THE POINT OF 8EGINNING. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF OREGON BY AND TI-lROUGH liS STATE HIGHWAY COMMISSION BY INSTRUMENT RECORDED IN VOLU~lE 509, PAGE 383, DEED RECORDS OF JACKSON COUNTY, OREGON. 'NOTE: This legal description was created prior to January 1, 2008, Tax Parcel Number: 1-011702-5 , ...,' '.) JUN 1 7 2009 ~, .cd first American Title 60 ~ .. :.-V Zone/Change and Annexation - Findings JUN 1 7 2009 6/15/09 c. . ..~,..,. n' Project: Owner: Modem Fan Company Expansion Ron Rezek 709 Washington St. Ashland, Oregon 97520 541 482 8545 Site address: 615 Washington St, Lot 2500, Tax Parcel 1-011702-5 Comprehensive Plan Designation: Employment To whom it may concern: 1 am requesting that the City of Ashland approve annexation for the development of a distribution warehouse and associated offices on lot #2500 The lot in question is located at the south end of Ashland adjacent to the 1-5 freeway in an Economic Employment District. Existing building built 2006 - new building to match in design and materials "' :~'~':':-"':'~'i':';;fr".~ 61 This parcel is currently county RR-55. The parcel is bordered by Washington Street & Interstate Five right-of-way on the East & property in thc City of Ashland at the North, West and South. The land is contiguous with the present city limits. The property will change from county RR-5 to E-I zoning (Ashland). The land is within the Urban Growth Boundary. I.Adequate transpOltation 1.1 Washington Street is designated a collector. The only access available to the site is from Washington Street. When the project secures a building pennit, Washington St., adjacent to the parcel's frontage, will be improved to collector standards (see site review drawings, sheet AS 10 I). This project is designed for auto and delivery truck traffic. Large trucks would be unloaded using the existing Modem Fan I's loading dock. This project will have a minimum traffic impact. The new Washington Street improvements include a bicycle lane, the site has a bicycle parking. Transit service is currently not available to the pedestrian link at the entry to the Washington St. sidewalk, 2, Adequate City Services 2.1 Water, sanitary sewer, storm drains and power are adequate at at the property frontage. We will use the same public utilities as for the existing project, Modem Fan I. 3, In a E-I zone the applicant will obtain site review approval with the annexation request. The site review documents are attached. Usage: I am the majority owner of The Modem Fan Company, an Oregon corporation located in Ashland for twelve years. The company currently occupies 709 Washington St, a building we built on the lot that abuts 615 Washington St. The company is growing and projects the need for additional warehouse space within 24-36 months. When we build, I plan on holding title as an individual and leasing the building to the company. The Modem Fan Company is a design and marketing company. I design the contemporary ceiling fans and the company distributes them worldwide from our Ashland location. The fans are produced by a large manufacturer in Taiwan/China. The company imports them to our warehouse where we inspect them, add accessories and forward them to our customers. We are a wholesale company with no show- room or on-site sales activities. The company did $7,000,000 in sales in 2008 and we expect to grow about 10% per year. In addition to myself, the company employs a manager, four office personnel and four warehouse people. There are a total of tcn full time employees. The cun-ent traffic load consists of a UPS and Federal Express truck every day and a few miscellaneous deliveries throughout the week. We generally ship out about 200 boxes a day, All containers will be unloaded at our existing dock at 709 Washington. Because of the long lead-time required to produce and import the products we require a fairly large inventory. The inventory consists of all metal ceiling fans packed in cardboafd boxes..:1;l)ere will be no machinery other than a forklift and a few hand tools. .; JUN I I '),',1'1('\ f..,j\JJ 62 C..... ..~._;:.:'.~\".t Building: After annexation. I would like to apply for approval to construct a building covering 18,000 square feet of open warehouse. Our plan is to replicate the building we now have with less office space, We would use the same builder and architect and incorporate the distincti ve rolled roof line and clearstory windows we have in our current building The company will require two shipping doors and a inventory transfer door adjacent to the existing building. Topography: The lot in question is fairly flat, drainage would be directed to the east or street side in the develop- ment. There is an existing unimproved drainage ditch at the front of the lot. The land has been tested by a soils engineer and has been found to be free of ground water or other impediments to building. There is an approximately six foot elevation change between the two lots, as shown below Landscape: There is currently no landscaping and only some junk trees on the property. The plan proposes a low- water consumption landscape covering 27.6% of the finished project. The parking and loading areas will comprise 34.4% of the coverage. There is room for a water retention plan within this landscape area. Trees will be planned to shield and shade the side parking lot. An automatic watering system will be incorporated in the landscape plan. L.u. .":: ~":':'.!J JUN i 7 2009 ~. <. . .~.-~ .....-::!. 63 .c=:.-=.,--x:z: I I I \ I 0, - ;~~ --- :;-..) ~ u ~. ~ ~ ~ 1- o " -'< ~'1 ~ ~j -', .., ! ~ :; ~~t~' "'~i~ ....t/l-<" ~~o8 >!:!5~ ~ ~ o z w fB ~ ~ ~., . 3 . ' , ~,' , "in"id ! I h i dHIl!H ~ ~ dl; I dnnpd~g'll~ill.d II " iH!IlHn ,III I ' !11 I . ': I ~ ~. ~ 81. ; 1, 9: ! 00'1", ' I I' !'~ " : ~ ~;: i I II Iii i . I ~~ '. 1 j} ", 5 ;:;~ E R~ o !!~ ~ J; :.; z] :8 is - "- is ~ ;3 - , ,~ ~ ' ,; 8 ~ o. CJ~ z' i[o i1i ~ <D . "- . o ~ "," 0; , <<- <D . " I ~ o " ;J, ,1 ii I a: .! ~ 51 "f .;ii .,\0,"," "''":I'" '", 1 Ill'll! 4-1-4 ../-/ /- // A' . /~?' . ,,/--;,;;,--::::-/i<' = '/;;:~~ /' /' /.-' \. ,.." ,.' ."..... \ .' .,...' / ." . ,./. --' " .--'-- r/-;;..--".. ';Y'" --,;. ,,;.--' ~'/"-- ,./",/. ". .'-:"-"':;';",,.--?" \ /~ ~ ~// '\ d' .---/~~ 1'.,,:".,1 ....-"." ~ .__ /.--" ". ,/7.... C ".'/ . / . /' ,. . ~/... .,.,_____;7', ' .' ,,/ .,Po...' ~ ""'.?.,;.,::...---.,",:;''''.-'';::" I' ~' \ ;~ .....----:// ....____..... "1 - d"/-<'...--',--,::::::;.;;;-'~-"::., 'Wi', .. _~~ ..// y:;;>ff .. ,. ;r"'<~?-'>::'''' /::.;;;;;~,:e.~;:;:$r'~)'\!. : /'..,/\ ~:. '.\ ,,,-' :,..- ~,\ ;.A' c., ... /,.,. """"''''',....."",...,..':1 ,/" \ IIg~ " ," 0" , "t'". '>.<:A_<O" '/ \. f . ..':, " /" . c.j: '. , "- ",~'.,,"rJi " ,'. ,'" ' - .'0 V,& ,__ _/c~&1p' ."", ; ,',Ii / ,. ,. ,& , . ,=__ <~W . "". I . \ ... r/'-/~r...-'~~~i~~;\^( \, -"'11,. \1\_. <i!, \ ' ~//" '{'ir~..ft>(f.'~~5::'\\. ;.. j ".,'<>.-. :J., "/'/ \ H 1'1, ';:'''' \'e,.. ~~~. ,'I" --::;::~II ' m " ' ' , . e", .". .~ I' ,\ ". \ \" .',: .: ", ... I , \ r '" i ," ",' , "'. \."/'" ': "" "1' q",. ~~ I' \\ \', : . I st ~i:" .\ \ "'. I ' ' l' 0"'- I ", ',' ," I {,: I. \ :i ~ 'ifl..., .,~\ '\'\. ~:"".,.. "i i I . i'!l "',.,.:', " \': " J I I. .. ,," . ,,,! ' ',' .. ,\ '" ' 'I: I }", ~-.11! ... ,i \" \\ ~i i ,.,..../' \\ \ r..\\!i~j I "ti\ II "",.:! :\. ii ': i : . ' r"~~ \~~1 ~ ~ . \ i : "~~r:.'\(\ \ ljf I ,. "\~ 0.... ",~I ,\1, ~.,-~i~"'1 ,; '," ~ ,..' ,"pi',,: ,,'-" ,"" I ""'\"" ,...'I-...I___,~ ,',' ~ \"'I<l)~: l[:i ,i ,f,"; ~ ! , I !@,' - > ,/ ~f t ' : :! ,)!~ :~'I ~ ~ ./ . .... ,f 1 i: ./ i, :~ \ rI ( .. : ,i/ i i I I ; ".1 .. : ' / " / f,17 ,"'/" '. : ~.- " --- ' , . i~I";;j / 1,/': .A~~ ':, 1 I" I : : /'/ f I,' - l \ :;. __ ./1 I{ , I )I;~'" // : Ii I,: I j J ,1 : I .. , ,/' "," :' ... I ' ./' " . I., ,.. ' 'W I- i, / .V! i !! I ,I. :' /r I : I ! ii' ... i" I , ' ! i,/' ;: 1 I : ., 1 i Ii! / i \ iii',' I ,I! I': ,: : l II I I ,:: ,I I I 1::1 ... i Ii i '.n.. ' '1'- , . 'j" . _.~ " " i' / !,~'i ,...:,;/'1'I~'- I ! j i.il~ "..'\'""""", /'':'", ,-.,./,I;Y!l :' fi I ',~""'_ \ d e ._...------".------..s,",c<,..J,li I " .' \ Ie -. 'I- ! ~ ,,-:, 8. '" ' [----1 ~~"' ... -, 1:0 .... IJ' " ,.,,:""-. ",; ". L' . '_u", ,.P i" ' f' -----i'---- \ ;;"" \, "N, ','---" ,"I: I ,! ' /M:iy.'lOi>Osi------L--" R . . . ',~ 'I ./ .,1 i ;If f.... ,g' , .. .~, ) I; r , --I 1 , !'ll l~ri-~ "J' {l;5Q." Elli~ ~;~; :W, .iilish h ~d~5 ~ a~~ii a '$.!":'" . !i~!i :li~]p ,~~,-,. f!~ff :: ~ ~~ " \-~.- , \ \ , \ , o \ , \ , I , I , I I , I I , I I , 1 , I I , 1 I , I 8 ~ N " ~ ~ ~ ~ m M ...............-----...,--....--.-.--..- \ \ Ai 'i ' ;. i ( ! ! j i ! ! i ! i i i I I i I ! ! ! i i i L: ' ~ i I : ~o :<: ci Ci] &3 f:: ~ E- 'Ci] ~ 1 ... CD f ~//,;~jr.-f% (-:;1 ~"'\f d '\$., ~ ~ .1:\, '(SJ "1..J;~~~.., /f;J(J . "S.' 1-- I I I~ I~ 10 , '1L "- fa I x ... t' L! ~;; I ; I l_ w o ~ w '" 4: I LU U => c:: m , } \ \;; ~ i I~"' I , ! i I ! I I \l 1< ,; p~ \ ~ ~ l D! ~ ~ " I ~ i~. ~. ;,!' ~ ,> >1I'H r ~ ,It," " J , .. ;> 2 ~ c ". ~;,': ~ v , ~ ". u ~~ ~ ~i~ gf'. ".-,t!~ ;::f;:::' ~ij.:, == Z <C LL z cc w o o ~ U:G Vi ~<i' )5 'GYJt,,~ ~gft ~(!~~ .."E::. g.' [ 1:: '" ~ ;': ~ ~- u c C' ... '" c: '1~2 oJ ~~~ ~ , G .~~ ~:~ ~~ ;.0;;:1; " i1 ~,;. ~ , ~ 1 1-,093::>:) 'all'i'IH;".:' ;3~~lS ~_f010tllr;<;'Q'M ~~~ " ANY &10') NY::I NcElOOH 3Hl <::10::1 Dlll')Yd lvl3N II NY d NCl300N ,':., f1! :i.: ~ tl~ '".,s ~ ,!, ~ ~f , ~E ~ .,.~~' ri :? ~ ~6 ~ ~:::: , ,~,'" ;,',' {. .. ~ :( ~ f t". "' ft.;?: _ '.','j H~' .., ~ ~~ ~,;;q;"S' ~ ~;~&8~ " ~ ~ . 6; ~ " ~ ~ ! . ~ ~ " ?: . l , -~ /~/:'i , V'" <rJiic,'\, ,&~. 'I'J ! L ! i , , ! I I i I , I I I ; \ ! ! I i I , , , c:o <f. -< '<:t 1:" :> ::> ~ ,...... r.Ll ..-< 0\ rrl b' .-. Br<:i-Ili: :-~~"""""~~~'~\Nl -- -- ."..:'$" V' .;- ./ ? c.;: Z o ~; U'J J gJ t:.""i u.. "1. 'u .fu ;;; ~ t '- ~ W < Ul :~ ~ ~ ~ ,~t ~ ~ i. ~ ~ _ ,t t". ~, i :l~ ~ ~ i. ~ [ .(J!"'" ~ ~~h ~j,;~ ~!~~ ~ ~~~~ ~ ~~t:;: ~ ;~t~ q.,:m,. ;.-- .. 0/ ~:~'r inm ,. ~ ~ , ~ l.I B . u~ g <~ LO ~~ N ~ / '\ I \1} ~ ..,. 0 0< on :=1.\ ;! ',.. , t ~ .,." :.i " in. ~ ~ il':' ~ Ei ~.~ l~ ~,,;;[ ~~ ~ .~~ ~~ ~U~l~n ~"'~~~I'~~ii ~~ ~l~~~~f~: H"" / / " oq. 00 O<{I-~ ..q No::tt: N cil ~ '" o ... '" U) U " j :-, ~ , ~~ 1 , ~ Po. I u .~~ ~~ I " ~ ~~ ; 'I i ~ ~~II i I : 1,\ !i I !'I'\', ~ 4 ~ \ ! lr i'..;I..(Nl~"S I I I I I I , , , , ~ ? ":~~ ~ 'X~. ~ ~ ~~~ ~~~~ ~ iE-1t ~ ~~~. 1 , . .t-lU!;: '" ci '! Z -.. ~N. ("l ")8 ~ 4: u 0...", oc:t 10'1", NC")u.. o v o '-' o '-' /\ ...~ ~\ ,. .... :.J..... ~.J d V z trt'.:f'J Ji ~ 1'10 v t-O ~ q- N It.IL ~",,"N N ~ ~ ~ -% ." ~... - \ .IYlOl'tSI 0> ill ,- ~. U)' U '- I / L()" /; I; ,~ ' 1::- IE ] ~ ~ ".' :;, t:.. ~ , ,..c, 'In (j' r'!lI~~"" ,z ~r;ll'!" .,d;~,' IW .~'" h1 .. ~ 0 l<!l I~ ill) ,.J i<( I~ ,< II: "; ~. ,.,.i': ',: ~ f.; "- , ~ - .~ ~ ~1 ~~H~~~hn ~:! ~ I. illi.VI'111 j~I~~IVJN~'IR ..,~tti~4t;.'l..: :;g,,!!.c: '~e.~l~t'i i": j~"W!'; , , I -I ~' :) ~~lil~i~II~lslllilij~! ll..i ~I ~I ~\l)I? i" I ;~ .. dVW .J.J.INI,)I^. t ~~. ~ 0 'v'l'v'O l?;Jrmld . Iii 'J 0 ~ fl~ d'v'f-l 3llS ~y. ,,~~ \1 CJ ~ S9Wl-MlO dO lG10NI. R ," _u ----,-T--I-l , i I ,"-, ... ",,"I i I' 'a!//~' I I ,.,' /,..'..1 'I ... .,..,\,-~ ....:. .:::1"v "...... ..~#" ~;,?- ",', .,:pi' . .p' ..~l ~ /~i j' ~~ ,,' , .. l;, l; ~\S J/ ~';t. :r; (. (5 ~~ j: 'i~;~? i ;,' -~:I t'. ,,' ~ ~! r, ~~ , : i' "j l .,..' -, J /1:-' "":. ;-' ~. }: ~~ :- ~,~ !. B: c,_ ;~ /:~\ .\ : [):/:.... '. . , +1.1\!H jl H ~. ~,~ /:.,~~! , -- "_','1, ~h y n; ~ ;: .;.:<:' 1: ~' ~i ::: i'. S ~::,., , ~ i~ ~ ~ ;,~i~~ t ?~~~ ~ ~ r ~ ii~ L ~ i! ~ ~ i ~ I II!) !z I~ 1<( I II ~ ,.';.m> ~ ~~.~f~~ ! <( j":,,.,:). ~;Hn~h~t~~ ldh~ t ~~~id!m , ~ ;J ~_. ~f~i~\t~~~~~t~~?lf!i~~~~ . ; ,< "'\'i'!: Cl~ InF ~I ~. . , , !.':I., I ",I? 1 ~I" I >, ' .,;11 ,. ':.1 i: i"l ',v.' '" <D ~ . '. ;:. j" ~ ~, ~. e,o' !':"-: ,. :~,~l >.;,' , ~ ~ ~i f~ :: ~: i~ ~ ~ l~ ~ t ~ ~~ ~[i, ~ l ~i ~~ ~~ h;! 1~ L- ~ H ~ m~~! iH t~~ if I ? ~ )!::;i~.~ ~'~ :',;~~.i ::'~~ '::t,,, ~j :" ;:~ ~:\ ::;:~:;: .~." ': ';.~ "<~;~ ~1i ~} "..~ ;';>' -/ . .,,,....,,.' . . '.,". ~',,,.." . ... ',',W' .,,'"'...... 1; '" :' .;" 'I I. !~ ,:!. ., '''t: '~"',~,. II ;". ~.... .if ill c' ~ N07~ 'owrlisv ~) I 0 > .1;~2:ilf, NOJ.9!IIH<;'l;fl.1 fir'? ~ . '~ ~~ .. ~g . ill 0 ;; I \ " C\J ~::: ~ < , r .....~ ~ c, H < u. ~' ,. ~~ r 0 ~ g; I . < ~~ ~ ~: t. J-N'v'dHO? N'v':d NCl3GOH 3Hl ~ ' " I 1 ! 1 0:_ '" " ~~ ~~ ~~~Q [6 9 1~ ,. y I i ~ ~ b 0 ~;:e "" ClOd Allll?'v'd lv13N iJ ~ . . I d\lj..l ?IHd~90dOl " ~~ ~ :y! .I.""~O"' :oJ ~)2 ~ ~ ~ i I r, ~l <9 a:~ u....<.'i,J ~~~ ~ ~,~> II N'v'd NCl3GOH .~ , IW1d ;I,1I<; 9N11SIX3 "'< ~a;;:~ w . l~J~~L~i ~f;~i.. ".-'-~---------"---'-'--- ,-"-'--'-- ::.'\ --' .::.; ~ I " - " ~ , . j . , :i " ., , " !, " , .. " c~ " f. " , ~i ~ \1! <; ~ c;' g> ," .~; ~ ~ Z z a: is < W <L . " en -' ,. " .. u- 0 " a: ~ ~ 0 >- UJ z in 0 < " () .. .. <; ffi J. :;;: ::J' >-' <( 0; ...JiT <iif- U:; f=' ~ ffi! :~ ; >i :;.~' .' -. " :i " K , ""., ., .. ,",' .. , ...... Z -< LL Z et: ill D () 2:: .. - ,. .....-~:".,........,p~............,..........-""="'t"'--=' .,"" ~'1 : -- . ' .. I .-----..-.'.--r-,---: .""". ... u...._.. ...,,^ '--,,-..,.--,-_." i.l ;;; ~ iL ~ '1 I\J " :4 HI "r- \1\ Co ,!- Z I: r .. ~I )- ill ~I ,> lL 5:1 ::; ~ I\'l lL 8 ..... ~ j ~ ,. \!! \fi ... '" v :z: ~ ',' Iii "' ~ ~ ~- CC .,; 0- o. lt1CI: " C\J .' UJ :g~j.:~' x~'..., " , L . ~. ~~ ' ...~;.:r;-:~~\ \:;:I't=:.:',::.~' ::;'---0':_./ u w <? I _i_).;.. '\.; " , ;"'~ g .:-~.. ,:<.' c.:;-, i I ,-'- I I I ._---_.---_._-------------~ , , , '" '" i i I I I I i I I i I I f ..------.-.---------.~-- I [ I ---"----------------.---.--.--.-"1 ; L-.__.____.____ ..____._______._J -;iSH:T..!b ~~1' ~,k ~ -.f t~ ~ .~"'. ~ ~":.~_o ., E"'~:'<~' v.fJ'r .C""t(~' ..j]'tl. ~" ~i I o t , -J., ii I ~I~I R III I ~ ! ~ III1 II V<l2\1.<l~1L-_ ~ ~ e 5 ~" ~ ~ ~ 8 <.) 0 g'.~ ~<~ a~ ~:=5 '::I ~~~ ~ '" o ~ '" ~:S :i<: wirl """ o~ lli~ N':"'POlClO 'QIlV1H':iV J.~.<5 NOJ'3N1HS'v'M ~19 ~ ~M ;i.;.i; f. r~ ~; z .~~ ~ "" Q ~~~~ ~-~"= ~r.,~ ~~~ ,IN'v'dHOJ N'v' d N~3C10H 3Hl ~Od Mlll'J'v'd tvl3N n N'v'::l N~3C10H z < ~ I!! <Ii ~ ~: \\l ~ ':l ~ ~ 11 ~ .'1 ~ ~... , " ~ :: 8 -J ~~)~ ~ I~~_~_~__~____~_n_._ ~ "it ~ '. ~()~ ~~~. ~~~' o " C ~ ~ ~ :5 Z ~~ ~ /~/~ /~:..cft-0~' I: - ,.~ <1 /' "~~ ,---;.. ~, t' ~~ ~~ ~/ ,.." -,.(" f.~_-"' ",,;".~:~~';~.-'S';.'';;;;;;;:;;,~'i;.~;;;; , ,-' ~ S~ r., /~\ ,~~-" -.....-. , ~ ;,. ~ t, ,.-/< /;/'~"'/Y~ :- -"'---, <:' '\., ~ - ~ 4J.o ,/,~." ", ~ ~ ,. I _,%:.-. - Y,,> ';' '-, ~, ; ,~/~.:\"'-,... /_~i.~~"'" ,/:-y> , '':\ E ./'/ ."", ._<g~.~...'r::,,/;<""..>/ .~l:~\ _)/~/'/.~:;;~>>~<;;'~'"~:e't< ~::"':/'-'>1 // ,/'~:'\:'~i ./' ..-'~""'<""" .. .-.,. --<'.~.': ..,< ,~. - .;.;>- /- /'~ j"I ",'.\.., ,)-,- //",.>'( ,,{;., i~:~~ft::t:?""".-4~~< '/',"\ t'/ q.n '\\:\ .- '/ ... , ',. ,.:-,_",..~ __.1-./ .'-~.. -'" ... '" ',// '. r". /j;;iiP'1,> ,/ ".\.-" 'y, ,,1-; '. .' /.' . 1" ".:1 ./.:~~:i~::;',?,;'i0,?i:i~~ -,";~1:~);fr"':<:/" ('I t;v'/.\. i-"i \ ~~., 1'( /'~,~'21:;;''''''') /.: . ;,'.~ .>,,, J.I"";\ I C-, c.1 \ '\\ ~j,.. ,~is.~;r;;~\\,<-\~~,,\;' ~/>:\ ~.<~, ._..... ;:.... t 1 '11 f-h-~-~ \\ ~~~. ~,\//\\ ,./ ~-, ':x'-o.'-~__",,,,,, \t~l .--------"".""'--' ~\ i\:; Y, :;;~L/, /:~=-_~:\~;.~;.~-m- /~:! ! . ~j \\ .\i1,.," ,.' ;'" "", ",~ ,,~ .( ~ ) \ ).,.. I~~ -1'fj 0... t' 'U tJ.:" ,\ ,~ Ii r.-r..-.'... .<~., {...,. ~J;.",I,=-""",-'" 'I \'~..: ,,~ ii I. I .... ~~ i ~,' ~ :j', ' ~ ~ ,I" .:~'O'e""~"9 I, ,; .: I !! ~'" ::~. ~ J~ .. ~ . I _ ...ii i \, '\:i.~:: f./j:-L1 f, Il~ g 6 - t; \: ~ ?nl.1~Ji:~:~;i.j~..~<~.~:-:rhth:~,;;,j:=..-".i\I'. !Ii.! jj~ -i.-tj) I 1 .,;., . i;r.~ I j':! .1- I: ,: 1'< ~tl . t :1\ .,-.-t' b. '. - ,1-'." i " 11f [_-4, : ~ ;,- I .2'l__ fr'[ I II IF , Ii 1 : ~-,-=,,;,;,~tr t 'f I !i : \'-\, ~,"': Iii .! : ~:I~ 1 r'; Ii I! 0 ~ I . 11:' , ! 1 i i .' <>.: I I ~ ii ~ I 'Ii " Ii':! I ' ~ 'I 'I' ' I !~-...~'" . ~ ~.' .,';. I ; I 1..' j,\ 91'1/ ~i! to: ~II:'I ~~ Ii" ~I 1 f. h = 1/ '1 I~' ;:. '. .',,'.' ,,- '--"-:-~I--r, '. r..-'I ' '1',- ~) .. 1 il ~f! i-j" ~. ',i,[ "I ii li:1I 1'-11.-;- :i;!;: ,I'L ]',!, ,-., ,'. 'I,' ,. ,.,:...:::!L,,/' ;, : --t.~)f ~:~: ;:] I: ~ / "/\ \i -H l:b ~ ' : Ii F: !-!'-~)----:\ ~ 8 I : I:! g cq:::-~ ~ \ I r ,:~' ~m ; tn., L ,J!!: ~ ~ r r t1j" ~~ Fl. z r--I-',t'".' I~. ; ~) :1 !,... ___I _~. _ _ '" _':1::-"" , ~:... 4: L~~'!.;_; I I .: ~ <( ~"I l' ":,..----, Ur' IL _~_~.' '.."'......Si..;'~{. ~--~;r,..,..-II-...-.....; i:! ;; . i' f:'" /! -{=i = iLJ.l [:-:1 ~ ; _{: Ii ~ .,,1;, . __(:!" ~ ict .~.,t. 1 ;i....- fl ~ I' ~I ~, f ~---, W ,[ I ~I' w Ll.l ''''--11 ~i iii ,:0:"'.j::j ~ ~ ~ ti:! ~ ~ ! yli ~l '; H ~ j :r @ !, 11 1'1 " '., ~. · I- 1 11 .:.. " ':"\~''')..,.-~-f ~ d I !i ~!! !['-",;r:t~~~~~ ~G I:, i~j "J'l'. -d ,. I' 1'---" 'If e-, ,f .--.--._~~_._~~--: ~i \; /j Ji . . . 'r .._,_.1.-.__.1____1__..'_. ..!.._ i ,----r! ~ I.... 1 .i ~,i. II'" . - ------"--r '<i.'i I l!' f.'l: I, --'! I . J' jl.. ~~ : ~l ~q', -;~:.} {:. Ii I "- r-T"iT"'rnT'u,,, ... I ;~~,.,"" :i.~~ ~f I ",li.: t}b'.'T : ~'I i .~, Ii ,I; n ; J i Ii' -~.v','J .:t, I "'I" '-I '" ,I. ,. '., -""."""'~.....~'-~-~_.~<...,~=-<< ~' IB I' :,",.' "T-~-'fi..l i I.": ~~ I : I ! I,"i,' _~ ,. ".1.+i44.--::u' ~' f r:'i ~ ~' If. ~t: : !~__.._1"-1 g j':-.j:' J~~ ,._f, r ~ Iil ~~ :---+1 ! It ~Ji '[ f !j; h ~ I: ~. ~ .~ \.-t~1 '1 J i ' . ',.-.. ~ ~ ~ I- - :.. ! ,:, ,-',.,"'----h:. ~J..i:-~~;-..~~J ,_\:L:_ "" !...;, II -I ~..,." :....!....1":l' ,'~ .~. "I ',~'" I j ~''"'" \..;;) "'''-'1'' I .--, I .~-~, /" ". ' .'" I ,! , I (---.ll , . " ' . (j ,,'0, :" "1 ,r' , .' " i" : ,:/' "', : ;.>->---':t-- ,~~. 'Y~' i : I 'I ~--1j tJ'--- "_ _ ;.,J I 1_>-- ",.-~1 1'<:; I;! :: .1 '; .-- L-------:.....-J< ~--- . '_.l"'.'j['l:I=:::I'...'="~~l:!~ '".~.., ""....;,,~;:r--+- - I-~---------T-T-;-~-.~--~----II- ---- ~~--_.-~= ,--~=~~~- ~_u._,n_ . ~j ( j ;t._JO_/ I ',' .I>..-J_.I,' ',~ , -,...,..~ , , "':C';;--:~T:"3)-- .~---- 33'/ ~ , ; I"~ \'Jo !i! w => z ~ <( z ~ Il' w u. U. ill -, f- <fl <( w --.. .J:rr- r ~ ~ I!! . (j) ~ CI~ " z NV1d all<; .. ~ < ~ t I c.') "-". ~""" ~"'.... C) "",:~. ~(j w- >< Ii'~ ~~ . , ~ i T""" o T""" en <( ~ ..... CD ~~~~tC~i),% A ~fJ. ;," ~) g. ~~ ~? v. I'" ~'" !',."'" "1', ... c..<- I.'JJ~' ., -""'r ~I 21 <, ill I ~ I~ o " fi I ~ r ~ \; , IS ~ 'I~.. ~ ~ i' :z:. ~ :' ~ I; I ,_ 1; ,. ~. {1 I I i i I' i I , I w o ~ w ~::. :C~ wG u~ iE/l CD~ a c::;, ii> ~~c;~ ~~~~ ~w.~~ <~,,-.. , < , ^ II' ~ I:.; :' ti ~i 'I> .. 8 ~ p ~ ',.- ~ , " " ^ " i ,. " ); .., i: " .. ~ ~ ~, j ", _..,-.-.-.--." f.! :.0; t~.i C, ~~~' ,"- ~ t , ~ ~ . _._.- ;;;1".,-,< l:-JF,' [ r~,.",;,I.",.J"'~:',,. "'1-1' /., , I i . ., l~ t~ I,' " \' ~~ ,. b Z \. 1"0"- () \. ....1. / I !;~llb]'( f-<- . )' I ii: ~ " r. Il '1 I:l:{~: > 1--- ,i~..~illJ ~ .. ""IU \. " \:J'l~l""" \,-"",,",,,~L ' . ~ I \.;,'" -, i " '--I l~li T t\ _ I 1"='='1' / ~',"{ ~ I.. ~.~ ;R\( ! ~j' i i' i' I I: !: ; , , ,~ ...-'":~, a, > . o {;: 8 g 5 c IE. D ::.><8 .t~a ~~~ ',' 1. ~ ~ 5 , ~ ~ [;] [;J 5 >= :;;: IU -' IU >- '" -<: IU .,......, ,t",! 'ii\] ~ "-" 'i~J :H "~ ~h3 !"Q ;~ ;".~ .~ 'l~\-! ~~ ~, , ~ ~~ j . r."."," "'''"'_-~''''; :Q L:\Ii N.';..,'):;:::;.::' ~-f"'~HS" . .LJ:;:;~,)'= IO./-;Jt.:!HSY.'" -;;i& 1il U ,~ 5~ ~ , w > ~ J-N'v'dHO'J N'v'::! NCl300H 3Hl ClO::! Allll'J'v'::! !v13N IT N'v'::! NCl300H ~~ ~~ ;~~ ~' ~ ~' ff.!: ~:; t ,~.f,',...- ~; .. ,(f ,.. ~I ,21 ~_~ : ~ I ;> ~' ; ~ , OU , !il:: ! lU I;;' htf .',.". I ..._~ L"'.;.A.--ft;1 ,c---11 ,- ~!'.__m_.~' ",,~ . ~ . ~. . ~ ;"'"""." ~~ ~~ ~'-! '" ?:25i:t. ~ H ~i '1,._ .~ .1'<:1 '.~... . ' ,., j~ :~ iL3 .i01 ;r"""" f'\:1 '~ :~ ,!;l1 ';~l ib1 ,,;'\'i ;fu.J co ':;""'.,. In .~ ~I2"+- :~ tEJ-{ -i~;'.,J m ?I.~' i~,. ~~~ [,~.1..' ..~; 1k3 ,,,.,.,,,.. '"", ,,"'~ ..~;.'.~' 1, i :i" 'ti;::-! , \.- ,; ":\ !~! :~ ~ i~ I..~ !;'\l ,_. l~ ,. 'l3J .:!~.". :~\'l' :::,' L1 '>,(- i: " :C:..;. !,~: ! . .:..-~1... . ,. l.:::..a;: :,~+~ I "I... :1 r~lt 11/ ' --.r'o::...-t , 1~ ! i2 [:)-'---71 i'~ -: I l~ C" t'N" l::-r---'----;-;::>~ ti._~ :~ " '~;\j I ~':""':'I itiJ i~ I"'~ ,~ 1::&, i~ !:.: "';~ .~ ,,"" '~ --,-,,;,L,,,:';'.i: I ;( ?;~~,J :~.".':' "l. r[: !,'l;r b "~':' 'f, ::,," J1..;,'-. .~. ' TI;H: ............."'~c,=.,~~-.........i .~ j>":i ~~~ ri ~ !.~ q ..~ .~ ~--i:"J t\.'\J ~ I '~ I '~[-'~ ' 1~~~"l:I ,~' I\~'l 'r ~ '<,' ; I .~ '~-;i ~~_J; --'" .. ~~ -h-:.L__~i' :1 5 . ~~r -=~C:1 ~ ;.' '=-==:'... I~ [U '-'~~LLOf.,,:i 1. uJ -----i)\~~~' \.I~ :x: --',~__!%.r, 1" ... .....f..~~ '~ ;j~llS : i~.,_~~,2 -r, l'! ' '- JI ~,: e,.ol:j ;";_:-. .... I i<_J,.i~ tr-t ,= GJ :i~'&.! ,~ :~~t .~ ~ :'<\1 ~ i% '^'"' ,\1 H ~ ~~ ~ [~ i%(.~.~i I~ ~ ~ ,<e:] ~ .. i 1-- i~ ,~ :~ :0~1 i~ , i~\l i~ !i71 ,',;1 !~ ~ :"i~tt i~ 1,\; ;;).', ,~ :&J ,. r~ j' it :! , ;:;"f .. ii o~::] i~ :~ i~ !~ :~ i'''\;l ,"~ [S1~ 1~ -;'I--,.i, :k1 1 ::._c_~l~--=,~""",...",' ..j 4- ~,-'--Q i .: L;J j",.Tiiu._,.j;;j :! j: '1 ~ , ....-'"""",,,"""'~="'='''''''''" ~. ~~ n~ ;" ~t H "' I ~II ,! I! 'I I ~ K:I II, ~ ij ~ I i III 11 P"j-lj'Hl"i r'" ~j I Sjl h ~i wi ~I . ~ ~9 ~ 5< ~ I\I~ SNOI1\f^313 ~OI~B1X3' ,- I!!~ :. ~~ N'f'd :lO~' " --T " , '-'., ~. , ! ~ lQ o -' o v, ~I oc[ ~! , .~ ~;. :, .. ;-;;~_:., :~ : ;,~ ~ ~ :!:t <, _~i ~ _ ! ~j ~ i.' !i ' ., ., ~, :; i: t:t ,.,... ~ t; ~- ~~: " ,I,'F '--:"'1 '~., ';. ,,"._"~;;,.o-,;;,,'-;-,-..--~ . ; ..~ i ~/ --.--. .--""" , f"" L.~.""-' _._._0' .r ";', ('.'1 ,:, ~. f~r H: ! }i , :1: i"., :'" . :.~. s: ',.j ',..-' . --_.- -..- ". ........--""........-- ~;,\ r. ~ ., , C\I o or- Cf)~ <( !i ~, (::>-, '..'", ';',J ~"'r. ~;'-, -'-' <Xl <D Z ~ ;, "- a 0.; 12 'i _ \. ", '1'- I '- ,;;;,9- .*-1'>~~ ~-;;._.:,,:;'_~__~l_"';'__-~--~. / ",'" /' \ .::.;.l' ,<' ~"', l-:-(' . ~,"r.rj"',,~-: --r-1: iil~ ~.ll':I... \\ . A~'" \t . ,,'1 d/~'\I ..~/'~"" /~_\ t. ~:- * '* ,..;: .1I.~7"{~"\.\ I I ~,1'Y~ "t //-"JI'" ~77 ''.\1 ,." ___ ' '/~'Y~-y~ ~7'~ *:.. J-::X, --- A-' '-~ ~\\ I -?, /'~ f/) ,67 '1".-'" '~-"":- -..1/..' \'\1.-7,;< -"... l~. -1- ;>-.n'~ ~ /<, ",-;.,'/ ,,>:<,\ \ Y/;,*, ,-*,'1.' \ \~: ~-:f'-it::-' ,;-:, rs\V\' -","" '\ ",// \ g,.-U1 ;.,::, \ '" "'!:-~---:'-ii~' ,~-/~:i. \ ).. :.:1.- _ -...t.~ ;-r' 1 <'i7:f?\ I >;/" ~ ',-- ~'" I' \ ,,; /",' /, ~'- ~'7C -.p-,- 'v' '" .'" +,---*, -' 'I - '-, ili "<-,,,' Ii?, A' ''-, -'--- ,,:,~~- ' ~ // -1W'1i-'(~\\:-~ ~I'''t'f-,/~C- ~,:",".;~'"~+~ ~@ ',\ III ,..,\'P ~,.,:-",< h '- ,>;,~~ , " '" \ ,/ 1 "'" r' r'-' i , .~ ,_ ~ \ :\~~ --- '. I ,4'.9', ;./ \ ) '/" I'...:t , Y ~ )--,/ I 0 'v-'7: ~:- "><c:'..../ L: ~ , "':..":",L. --=>,d?~ ~.('0 " /'? '/\ \ V ' *' _,'T'- , .~~,~. / ll(i~) '" ~~';;<,;."'0t~_L__t ".' l!,/(;f';'-~f~/n"h?\~1' I_*- /-(,\, \\ / \ -'-L: " I ---'I _ 1'---;:-:._.... /~~/.. \' ~ /":.I!,- ~Y.i~~" l I /\ I -~/ .-(,." (1\ - I ~',\~,-'" ,I ,~, r ;':"; :L --"1:""\ ' l' ~-, ~\'f~-~~ '\"'-;~i1- '\~i ./< \V'\ :,/ \. .-/' \,,/' l' (i '\ ~ ~T"'~" '/ s. ___~_),:,~ ~~ :- :1M1'1:: ::: ~ " ... '/' '. ,"" ~~, ';1": ,-" '/J' ", !' W ,...Jl ) ,1, "I<l ",j !l \,'~ "';' ~'-I\ :' /'> " ,/' ~l ,~II ,J (-...", -,~~ {(:::"';.J - 1,._-> "1 .... \' ( 0//1 ~ \ ,,' \\ .' I ~ I' '''' J'(, I r:~ .----r" ,. ~~IO ~ '/ h I II ;f\;J ,,' , '-J'-'___.'_ ,"'"' .~ ~--11i-,!:~__';:~I'::I!~;;: '",'111 --------,---------- '" ii' " I' , " 'h' , I 'l"'\ '---'" " 1 \ .,'",,.. I "Co""" ' ' '1;:'[ , i;, ol ~,~ ~ -", ...,;,:11, ~~\'! I l j I:>OJ~ 4-::\ ,<~\ I \:' , "I . ,,': 'I m ,"'- ;;&i~<."ty>I~'1~.)' "'t" > '\'~~"" ' .~ .1' \ 1.!ay?4J-~,Y-"~~h,E,!,r1 ~( 1M ,,-'i!iOI~~ t\! !<; ~~ ~, i~~~ -".'.~ ~ _. ';Ji~t-. 1 ,1~!t ,,...ltl 'I,Ji ,~ ~); --,0 "';~ [ 'j,...I\ - - y:' !'<1"~-_+_:_r~./.II;/:' 1 .','1' Iii. ~ :t ~~p;: ':1 ~:'" ~ '. ! 1l'~' -,-~.: I " . .,;..>1, ...j.1 " ,il P0'\ (x -~ \ r~,. ~ ' ~ "-------', ij . , :, >" .", ' 'i, '" ::; ~,~ i A<~ ~ ll.__.':'" ~'-!2: <, },-">< ;::....c I'" ,: i~~ ,r. ~ ft~.,~, '<), -:z.t:! i. "~'.~ 'I If}i'~~ I'.~ ,'~ 9 ""<" :>:r. t'\ ~~~ -j I ~< f'~ i ~';i i -s: ~ ,_"~ I __. "\ " I ,>...:. 4] i 0 'Iii! 1,'-1:\ I XY ~-~ -,~: I 'u 1.1 >,>'x ~- fii . ( .~1 rll i ~~ ~~; dJl \,,""'<=~-:/$ Ii: I ~ q i 0-'jJ '--_/ 1%1 11- i.' I )(: ~. ~ ~ ;!.jl "/1 I! 1 I Y""; - , if"".A . I .- ./- ~ 'oj ~ ('''i\ it V" .~I "- >- - ~i ~ ,___,,}Li I i~ I ~ i ~ jiJ i(~pi~f;F II~ f:.~ ~ j,,=>t "'~~~i!Jtj~.H ~ I ... ~ b- l.' .~.'---~-'I'-,' -- " 1 ~ ~ "- '~~I' ll~ t..; G'<!i- !I~' I, i!..~1 <- N l> ["'.sill I .~ ~ r.\ ~ , I', 1:- , ._, :+ j: 11 6 ~ :1 \I- 11~1 I ~.... i- ::t ~ II 'I :r,; "'- j ,;:;J ,- \:11. : ) ... ;>~:'Iirrr:~:>\ I; II I I ,ssi: "\ j~ Ii I l'il f, i! 11, I : '1\ /, Ii Ii i 'I ~ i i\ =./~>t& ~: ~ ~_.- LlJ I '<::.:~-t=->/ Ii '. -~ /-""" i'~ H ., ',I f'i'~ 1[- u=i; II ;2:' r " 'I o/r ll,~~\l lr-: it. '.,,;\) I.' f-~I r-' 1m l~-' t~"'i~ ~:_m~; (",";:-,1 ..t..~ II --...." ~ v. l~-~'- c- _ -t~; .g ~~ r,i, Ii ~~ "'~:,,- "i..-~;--- F'~'~~' Y,','.' '.~"" .:..;" . ~ ." 'j"2 ii ..-, I:: .' ~, ~1: I ;, /,~\ ".- H:f\- 1~3:. I i~'{'!J 1- jn- : _ 'f }.._~ .~J-=-- .1~.L \~~ ~( !i (; ~~:~I'i l ("'!: ~\ !j ~2 ;.. 0 '. i"':-- ,<-" -.',..,.'rJ:),:, . ~,:.1:L' \-;,<1: ,," "~ >.~i ~~[~_::~~~;L_.~ i(.eJ $ !I ~~, r- l':S.i ,:- k~J I }iij, (c fJi IL 1,;;,<, II ~'P~i :j- 1fr !i i~1 - 11;li. ,";../ ~~Il ! Ii' \<, _Ai ' '-::-'1' >> a ~1~l ~ ;1- lc-." ~ J \.!s11 1: rth M~q'- I~--- {~~ ~ r ~:-4\ '::'. !~1 :.. __ _'~\;: \:~L= lit W,/,:;,~, f''i, ~~;~- //'-"""'~, ,~i <~;.L, il> : ';1; '" / " " ------ J li1: -, !i.; I "], : I,il .;-.' -,- )";1'f',,( /\ ' I I //Y~I 0, , I {\ / ~...- li~ <.Lp~':iL: i~ : " -~,/ Il'! t:: "'." (" 'l"" /'.~' 1"'-1-;'--- -,," / 11) ',' ,i(:'?.".-",d-" " \l // , ", 'iZ"" _ '.' ~ Y'~ .'"" : .,--::-,~ --- ='t;;,~j ~ -- "---A---'---"'~~rt:' ~jf, ~)!( ~'! ~ ,/'"-)Lv ({~ (~l W (1) <S)~0Q (J) t~-e~"1?, ..::::- ~--- "\l"':.~ _~_~--. i I \ ~~ 17 ! ""-. ! ii\ ! IS L t;" I j~ v,:! ~ ~~ ?J ~, r ~l ~ ~~ ~~ :l:!:li i m o ~ ., . . i .' -~ 1', '..1 .,1 : "1... I I , , ~ ~ ~ G ;j ~ H .~ t. , .~ ~ ~ ,~ :~ :i) .l :r ~~ i-~ ::,~ ~~~~~~~~ .~~~~ ...15 ~~ G~ ,. ..,0 t ~ ~ ~ '^" .. ;t'05i:::.( ... S:~~~<'!!l~ :;;:~::::~l':~;rllit !:i'Q:~,';'5.,1.:lO~.. E~iHr;!~~~ g~ "- .. "0 ~~ ~~ . " ' ~ t ~~~f~.-' .... -<:!.t;~-);i il -;:RrJ~,",~ "~B:t"s1iti~ ti~i5~F-t5~~ ;;g3.~'~" ~1r.,=~~:8~;.. l:: '1:~ '~~~~1d1~~ ~~~ ~G~ ~~\ ) ~ ~ ~Z <, ,,"'~ i. "'~~- ~",p:r: ~4""'" , " a e '" ~ ;; ~ ~ Si ;~ a~ ~~ 6~ t)~ 3~J s~ ~~ ~~ ~~ ~~ ~;r. t . .- ~ 0 > ..... ~ ...J t " " 2 ~g ::', > " ~~ .. - ~~ , . u. z <; iL \!J 0- <: ill D z :s ~ ~ ~ 5: <t ':1 9 riD- " qOL ~ lLO 'ii'I <r-U < m lL-Z to '--<t Z-1lL ri0 W<tZ ~ DlL~ ~ " O:r:D :n LwO v ZI: ," ~ ~ Lj; f ;fj 1 . E rJ E ~ i , I ~ I I i I i ! i . , .. , f'~-f.J<iJ~...~ ~ ' ,,"~ ~!5::i ~3~;1 m~~S ~~~~ ~~~~ :ctt-, .' ~P$f. ri~ _..:.1 ",...! .. ..> ." ,z -( ~J t> ~) :I', ~ i ,.ill ... :'l~) I .. Sl 0. [ " , , ~ ~i :sl ~ . ill o ..J ill' m'L <-: ~ <...: ~B' ~ ~ ~i: ~ ,0 ~ ~,_~~,~ ~ :r!1l ili -~., = ~ ~~~ ~ 'T t; ........x.. . ;:;;~.,!;;< ,g o ~ E~~ 1;. WOC;: w.;. ~. r III! ~ . w...._~_~_.__~........_~__-_..........~_ , . "./. . . ',I . \\-"t.". -...~..~ - - - - ~1-'-:' - -:,~.,~.- -..... ~. . ~ ,- I . // "\'\'.'.. . J:/ ;.~. . I ~, ,.... / (;{~ "'...;.;-...~:?f', n~ ..' ~.-',. .~.~_. .-' '\, f;l S- .- I . " " ....;) "'>-"'~ ~2:t /' ,/ '( :c. :, :. , 'j , :j '1 , .\ \~ \ C" o! ~ " , .i . ~ , f: :J. ~ I Ii ~. " ;1 " .- jl " ~ " , !: , " t , :i , ~ .. ~ I , ~ - " - , i J f, :j , " . , , , " t , , '$"1 i\ , r .- \ I ',., ; "\ , W,,\: . I \t I ~\ '" ~ , -I "~;,;:,~, , ., -, !~ ~~>--~b - "., \}..;/ "tnV I 'r p I , .I.. !! ...--::'" / /'< , /. /' .-' " r" 1 "(--j .~...-'n~~ :~Jltt-:~~l L"", n!;l.!::J ~\, o ~'Ii I,i )" ~_.- \; i.....,...~,. ':' . . ------..---" _.___.__n______ ?:':? ,[/ / i,.,//< '/ j~ ,... !;." .J' ,/O. ,!!"T"- :!c,.t.:':;" i. ; ,f-.. I' tr--- .---';'" / - <, I. /"f_~~ \ - :': :,'.':,,<\'..' ...) '/',:"'- , It r I.. \ I ii- . " .;.? ;1\ 'l' h\ "....,...:.L- /,' ., ,--. / / ,,-.,;_. ," .../ -:~ ....'.~~, ll___ :;'d -----. -..---.-- ~- ,;:..:....._=:;:-::._~__._i_ . '. i L .-- :"'_--~'~:~:.~ii. __. _ . / , I ~~. ~ l/:ct e.~~~ !m ~,,- ';.t l'!.? ~" ~-id ~~. ~ ",,;: t!<;lt, ~t :~ /-' Q (.i c & ~~ ~. u"., ...t, _.~.~r::;-, I' ,/ C"i;\ "')II I"r)......,~) ,.\ A' J:-. >. \' "--..:-~." '...' , I I' ., \ . ". I \..: '. I~ ....~,. ....' "7' "~:.~~~ " R C. , " i.l=- ~? ~: % ~ ~. t ~ ;;::- i:~ r: Ze. \~ ~ ~ . If. " " , t ~ ._~ ._.../f;::..2CM1~ /, ~ /~,~~ -,.- ~\.::\ '. (1: {;:::'!(!--y' _--l_,-+- 1 I: ..---.. t ------. ~ - - - - - - - - - - .::..- - -'-- " ""'-..-'" ,-"L_ /, /' . r \ ( . ~ I \ J . ,. / \. ./ ........--"" \, i ,,' ~ t~ .,:: "i; ~)<i . ~: (, ,: ~ .~ ~:~ .-- ~~ '~'P~ '.,~ -. ~ ~ - ~. ~~~~ ~... ~~. ~ J. \,;>..;. gU ~ "- ....i(~~ ~ ~. '"'.;: ~4,i.~. ~K ~ ~~ ~.: ~ ~~ ~'4 5 ~ t it~&I I /i/l'~-"',)('/ '1' / '.~~. /// /". ,\~~~,,~,l'" ....,; '''. :<~fli:~fM'01~,~~~t~~~~;J.;;:~;:~::;~',. \~/1'~' ,.:ii' .n .' " .<: ...../,. I ~';:t;;;,:;);#.i~~~~/'~ "..,., /.-::.:' i~:~~~'~~:';',:;/// ' : 1 /" .. + ,,1//. ':,>:;,; ....., I II ~:.' ... ~"~"-'~ - - - - ~.i_' ~ - ~ :~,~~ - - ~ !; ij ;'.1 " ':i i'i d: Ii' I' I: G'; '-;;::' t~:: f"'~. I ,. I ~ a:' \O! ill ~ ~ , , ",I I ~I \o!, , ~I i ~I , I i(l I: , I ~ I I I I' I I, I I , I: ., y I . " " - , " ~ 7 , \1 - ~, " \- z .' 0 ~ " U " ~ Q " " ~~~ 7 i' '"~i2 r, ~Ii'~ <<rT. ., ;"'" ~ "" f ~~~(~- .~ ~\', ~'." ~l" """.' ~' .;to. t:.~ 'J.l~Jlr':' S\' I!! li) -' :; C) 1: 1lt , '" () ;:: ~ ~ wz ~~ ti )- < UJ Z O' <( " [;i [ill. ~ ~o2: . a " zll-u < <(j-z 0 t-- ll-c<( z-1ll- [iuz W<([i - Du..w ~ 03:D j\ 2:wo ~ Z2: .'. w ~ :c I- " ." :c <:.! ... ....-i. "! ~ , ~ ;. ;. ~ ~ r ~ .) , ~ ~+1<:l<:Hi'''J :n ~ ;1 ~ t !l ;t, E:; ~E " . w o -' W' ooct;i:: <- - <i~. ~ ~* ;-~ * =:=:. '0 ~ ~:If; ~ iw; j;li6~~ ~ t: ~ g,~~ ~,~ I 13 j~~ .:; o ~ ~~lJ '" W!I =' <;;0:0> ~' 0<1: ~~ffis~ L; :) ~:: 9.o;i, IT: ~5~8~ ~ Q) ~~ lI>::':'" UJ . ~ 'I CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Ordinance Relating to Public Nudity January 5, 2010 Primary Staff Contact: Legal E-Mail: Legal Secondary Contact: Martha Bennet Estimated Time: Richard Appicello appicelr@ashland,oLus Megan Thornton 30 minutes Question: Should the Council approve Second Reading of an ordinance entitled: "An Ordinance Amending Ashland Municipal Code 10.44.012 and 10.44,020, Relating to Public Nudity and Penalties? Staff Recommendation: Staff recommends Council discuss final changes and approve Second Reading and adoption of the ordinance. Background: On December IS the City Council voted to remove the following text in Section I: 10.44.012 Public Nudity. It is unlawful for any person ei!!ht years of a!!e or older to intentionallv expose his or her genitalia while on public property in the C 1 D (Downtown Commercial) zone or in a public paffi while in a public place or a place visible from a public place. This provision is not intended to apply to familv chan!!in!! areas, or to a person v.'ho is prepubescent or who has taken steps to create an envelope of privacy upon their own property and the nudity occurs within that envelope, Nothin!! in this Chapter shall be construed to prohibit any act protected under the circumstances bv the federal or state constitution. And replace it with the following text: 10.44.012 Public Nudity. It is unlawful for any person ei!!ht years of a!!e or older to intentionallv expose his or her genitalia while on public property in the C 1 D (Downtown Commereial) zone or in a pulllic paffi while in an exterior public place, This provision is not intended to aj'lJ3ly to a J3emon who is prepubescent or who has tale en steps to create an envelope of priyacy HJ30n their own property and the "Hdity occrns within that enyeloJ3e. Nothin!! in this Chapter shall be construed to prohibit any act protected under the circumstances bv the federal or state constitution. The above change has been made to the attached ordinance. The change reduces the scope of the regulation to exterior public places only. There is no regulation proposed of private property not open to the public - i,e. not a public place. Similarly there is no regulation inside public or private b~ildings. Page 1 of5 r~' CITY OF ASHLAND In an emaiI the Mayor also suggested the foIlowing recitals: "Whereas it is generaIly expected in our community that schools provide a protective environment for children and that parents can be confident they have a clear understanding of the experiences their children wiIl have while at schooL" "Whereas a recent experience this past faIl has demonstrated that the protective capabilities of our schools do not adequately guard against exposure from outside to an individual's genitalia [optional: "buttocks"; "breasts - except of nursing mothers"]," "Whereas at the same time the Council desires to minimize invasive regulation of personal conduct." At the meeting the ACLU representative suggested language stating that anyone in a public place who exposes genitalia with the specific intent of being seen by children under the age of I 7 years shaIl be guilty of an offense, The Council wiIl need to conclude debate and make final decisions on the ordinance language. Because this is second reading, any changes to the ordinance from first reading wiIl need to be read in fulL The Azenda item below this line is unchallzed from the December 15, 2009 materials, Legal staff has investigated the issue and recommends the foIlowing amendments to clarify the ordinance: I. Additional recitals to address constitutional limitations. 2.' Additional text to address constitutional limitations, 3, Additional recitals to address the purpose to prevent harm. 4. Language restored regarding privacy envelope. S, Violation level reduced to Class B. (maximum $360 fine), . Additional Whereas clauses are added to identify sensitivity to constitutional limitations: Whereas, Article I, Section 8 of the Oregon Constitution provides: No law shaIl be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever, but every person shaIl be responsible for the abuse of this right; and Whereas, the Oregon Supreme Court has held that the protections afforded free expression under Article I, Section 8 of the Oregon Constitution are greater than the protections afforded under the U,S, Constitution; and Whereas, the City Council fully acknowledges that under Oregon law, the determination of whether Page 2 0[5 ~~, CITY OF ASHLAND conduct is protected by Article I, Section 8, is determined on a case by case basis and it is not the intention of the City to interfere with constitutionally protected expression; and . A new sentence is added in the body of Section 10.44.012 to address constitutional limitations, including the fact that such inquiry is made on a case by case basis (language adapted from Portland park regulations): Nothing in this Chapter shall be construed to prohibit any act protected under the circumstances by the federal or state constitution. . Additional WHEREAS clauses are added to identify harm necessitating the regulation: Whereas, following publicity concerning the City's existing geographically-limited ban on public nudity, a public school in Ashland was targeted by an individual who deliberately circled the school in a state of undress, causing public annoyance, inconvenience and alarm; and Whereas, victims of sexual abuse, especially children, are particularly sensitive to conduct of a sexual nature, including unexpected public nudity, and such conduct is only exacerbated ifit occurs in or around areas considered 'safe areas', like schools; and Whereas, given the total number of elementary, middle and high schools within the City of Ashland, . and given the number of pedestrian and bicycle routes to and from such schools, the only practical regulation to prevent such harm is a city-wide ban on public nudity within the City limits; and Whereas, the ordinance reflects that the ban on public nudity is not intended to reach coristitutionally . protected expressive activities and individuals desiring to engage in protected expression involving nudity are encouraged to coordinate with responsible public officials so as to avoid harm to participants and citizens alike; and [Background material is available in City Administration] . The language previously shown as proposed to be deleted concerning establishing a privacy envelope on your own property is restored. . The penalty proposed is reduced to Class B violation ($360 maximum fine) as opposed to Class A ($720 maximum fine), The Council may also want to consider making the first offense a different class of offense: [e,g. Class C violation ($180,00 maximum fine) or Class D Violation ($90,00 maximum fine)]. The followini! council communication material is unChmli!ed from the November 17, 2009 Ai!enda Packet: On November 3,2009 the City Council conducted First Reading of an ordinance drafted by Councilor David Chapman, The Ordinance was read in full at the meeting consistent with the City Charter and Second reading was set over to this meeting: The ordinance as read, consists of two sections: Page 3 of5 -.. r.." CITY OF ASHLAND SECTION 1. AMC 10.44.012 [Public Nudity] is hereby amended to read as follows: 10.44.012 Public Nudity. It is unlawful for any person to intentionally expose his or her genitalia while on pHIllic property in the C I D (Downtown Commercial) zone or in a pulllic parle in view of a public space. This provision is not intended to apply to a person who is prepubescent or .....110 has taken steps to create an envelope of privacy Hpon their own property amI the flIHlity occurs within that elwelope. SECTION 2. AMC 10.44:020 [Penalties] is hereby amended to read as follows: 10.44.020 Penalties. Any person violating any section within this chapter shall be guilty of a misdemeanor as set forth in Section 1.08.010 with the exception of Public Nudity which shall be an infraction as set forth in Section 1.08.020. The motion included review by legal staff. The ordinance attached is ready for second reading if the Council desires to proceed. However, legal staff would recommend continuance of the second reading and consideration of the following revisions and discussion items, at a minimum: 10.44.012 Public Nudity. It is unlawful for-any person ei!!ht years of a!!e or older to intentionallv expose his or her genitalia while an pub lie property in the C 1 D (Downtown Commereial) zone or in a publie park while in a public place or a place visible from a public place. This provision is not intended to apply to familv chan!!in!! areas a person who is prepubeseent or who has tallen steps to ereate an enyelope of prh'aey upon their o','\,n property and the nudity oeeurs within that en'lelope. 10.44.012 Penalties. Subiect to limitations of the Ashland City Charter. any Any person violating any section within this chapter shall be guilty of a misdemeanor as set forth in Seetion 1.08.1l1(I, a Class A violation as that class is defined under Ore!!on law and AMC 1.08.020. The reason for the suggested changes are as follows: . The change to "eight years old or older" replaces the exception for "prepubescent" because it is more definitive and easier, and less embarrassing, to prove. . The phrase "in a public place or visible from a public place" replaces "in view of a public space" because public place is a commonly used regulatory term and public space is more often used in the land use and planning context. . An exception for "family changing areas" was added to address changing rooms such as at the swimming pool after reviewing the language with the Parks Director. Page 4 of5 .... IF..., CITY OF ASH LAND . The change to the penalty provision reflects the fact that the other offenses in Chapter 10.44 are also appropriately violations, and the language used here is similar to language used for a recent "tire chain" offense created by Council. In addition,Jhe Council might want to consider a disclaimer or purpose statement that the ordinance does not intend to impact first amendment rights. (Staff is still considering this idea) One of the members of the public proposed the following text: This provision is not intended to abrogate. or in any way limit, any person's right to exercise that person's protected free expression as provided under the Oregon Constitution. Councilor Chapman also mentioned that under Oregon case law, the question of whether free expression is implicated is a case by case inquiry - so language may not be necessary. Council could add a WHEREAS clause, a purpose section or other section incorporating the idea that we do not intend to limit free expression and that the inquiry is case by case s or we could include a discussion of this in some legislative findings to be adopted by Council. Including such language in the body of ordinance may be viewed as a large loophole, so care must be exercised. It may be helpful to recite in the Whereas clauses the law as Councilor Chapman described and then add in the ordinance a suggestion that those seeking to exercise their first amendment rights in a manner which involves public' nudity, provide a courtesy notification to the police to avoid any disruption of their expressive activities. In addition, the Council could note that possession of a parade permit, for example, would be prima facie evidence that any nudity is tied to protected expression. Finally, the Council might want to consider designating City owned property for recreational nudity opportunities (using care to avoid creation ofa private nuisance) as well as an area where nudity in conjunction with protected expression would be presumed (such as protests at the location of the City Council Chambers - although this might involve adding visual shielding to the fence on the adjacent field owned by the Ashland School District). Related City Policies: Ashland City Charter Article X, Ordinance Adoption Procedures Council Options: (1) Read changes (if any) and move to approve Second Reading and adoption of the ordinance. (2) Make changes to proposed ordinance by motion. Potential Motions: Staff: Conduct Second Reading (Title only) and read changed sections (if any) in full. Council: Move to approve Second Reading of the ordinance, with changes as read and approve adoption of the Ordinance. Attachments: Ordinance as read at Council Meeting on November 3, 2009 Ordinance with revisions as proposed on November 17, 2009 wi December 15,2009 modifications. Page 5 of5 r.l' ORDINANCE NO. AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE 10.44.012 and 10.44.020, RELATING TO PUBLIC NUDITY AND PENALTIES. Annotated to show deletions and additions to the code sections being modified. Deletions are bold I: .. .~ .~ 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. 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 eaverton Sho 20 Or. App. 293; 531 P 2d 730,734 (1975); and j EREAS, Article I, Section 8 of the Oregon Constitution provides: No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever, but every person shall be responsible for the abuse of this right; and v' ~REAS, the Oregon Supreme Court has held that the protections afforded free expression under Article I, Section 8 of the Oregon Constitution are greater than the protections afforded under the U.S. Constitution; and V ~EREAS, the City Counci'l fully acknowledges that under Oregon law, the ~~rmination of whether conduct is protected by Article I, Section 8, is determined on a case by case basis and it is not the intention of the City to interfere with constitutionally protected expression; and WHEREAS, following publicity concerning the City's existing geographically- limited ban on public nudity, a public school in Ashland was targeted by an individual who deliberately circled the school in a state of undress, causing public annoyance, inconvenience and alarm; and rJ.. ~EREAS, victims of sexual abuse, especially children, are particularly ''\.fe;~';itive to conduct of a sexual nature, including unexpected public nudity, and such conduct is only exacerbated if it occurs in or around areas considered 'safe areas', like schools; and Page 1 of 3 WHEREAS, given the total number of elementary, middle and high schools within the City of Ashland, and given the number of pedestrian and bicycle routes to and from such schools, the only practical regulation to prevent such harm is a ~'ty- 'de ban on public nudity within the City limits; and EREAS, the ordinance reflects that the ban on public nudity is not intended to rea constitutionally protected expressive activities, JnEl ir:Jdi"iEl' rals..desirir:JQ to engage iA pretccteel 8xpreEgiQR iAvel'.'iR!l Al:Jelity are encotlraged to ceefEliAato with I e"fJUIISIOle public offiCials so as tu avoid harm 10 JJc" t;eipaRts aAeI eitizens alike;' and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code in manner proposed and that the amendment is fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. AMC 10.44.012 [Public Nudity] is hereby amended to read as follows: 10.44.012 Public Nudity. It is unlawful for any person eiClht years of aCle or older to intentionallv expose his or her genitalia while on public property in the C 1 D (Downtown Commercial) zone or in a public park while in an exterior public place, This pro':ision is not intended to apply to a person who is prepubescent or who has taken steps to create an em/elope of privacy upon their own property and the nudity occur-s within that en\l'elope.1Nathinfl in this ChdPteJ ..hall b", (,0"..[, ued to '" ol,ibit sny act pretested IIRder t~e eiretllll~l.cul"t:::ll by the federal sr state 8onstitl.tioR. SECTION 2, AMC 10.44.020 [Penalties] is hereby amended to read as follows: 10.44,020 Penalties. Any person violating any section within this chapter shall be guilty of a misdemeanor as set forth in Sestion 1.08.010. Class C violation as that class is defined under OreClon law and AMC 1.08.020. SECTION 3. 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 2 of 3 SECTION 4. 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 3-4) 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 in full, and then by title only in accordance with Article X, Section 2(A) of the City Charter on the 3rd day of November, 2009, and duly PASSED and ADOPTED this _ day of January, 2010. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of ,2010. John Stromberg, Mayor Reviewed as to form: ~uy" J Richard Appicello, City Attorney Page 3 of 3 ORDINANCE NO. AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE 10.44.012 AND 10.44.020 RELATING TO PUBLIC NUDITY AND PENALTIES. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. AMC 10.44.012 [Public Nudity] is hereby amended to read as follows: 10.44.012 Public Nudity. It is unlawful for any person to intentionally expose his or her genitalia Vlhile on pulllic property in the C I D (Downtown Commercial) zone or in a pHillie park in view of a public space. This provision is not intended to apply to a person who is prepubescent eF who haG taken steps to create an envelope of privacy upon their own property and the nudity oecurs within that envelope, SECTION 2. AMC'10.44.020 [Penalties] is hereby amended to read as follows: 10.44.020 Penalties. Any person violating any section within this chapter shall be guilty of a misdemeanor as set forth in Section 1.08,010 with the exception of Public Nudity which shall be an infraction as set forth in Section 1.08.020, The foregoing ordinance was first read by title only in accordance with Article X, Section 2(e) 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 ORDINANCE NO. AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE 10.44.012 and 10.44.020, RELATING TO PUBLIC NUDITY AND PENALTIES. Annotated to show dolotions and additions to the code sections being modified. Deletions are bold lined through 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 c stitutions, statutes, and common law of the United States and of this ate expressly or impliedly grant or allow municipalities, as fully as ugh this Charter specifically enumerated each of those powers, as ell as all powers not inconsistent with the foregoing; and, I addition ereto, shall possess all powers hereinafter specifically grante . All the uthority thereof shall have perpetual succession. wer has been interpreted as onstitutional provisions reserved to rnational Ass'n of Firefi hters Local 31 P 2d 730, 734 (1975); and WHEREAS, the above referenced affording all legislative powers ho Oregon Cities. Cit of Beavert 1660. Beaverton Shop 20 p. WHEREAS, Article I, Sectio 8 Oregon Constitution provides: No law shall be pas restricting the right to but every person sh restraining the free expression of opinion, or eak, write, or print freely on any subject whatever, be responsible for the abuse of this right; and WHEREAS, the Orego Supreme Court has held that the protections afforded free expression under :A.rticle I, Section 8 of the Oregon Constitution are greater than the protections fforded under the U.S. Constitution; and ' ity Council fully, acknowledges that under Oregon law, the determination f whether conduct is protected by Article I, Section 8, is determined 0 a case by case basis and it is not the intention of the City to interfere wit constitutionally protected expression; and WHERE , following publicity concerning the City's existing geographically- limited b n on public nudity, a public school in Ashland was targeted by an individual who deliberately circled the school in a state of undress, causing public annoyance, inconvenience and alarm; and WHEREAS, v'ictims of sexual abuse, especially children, are particularly sensitive to conduct of a sexual nature, including unexpected public nudity, and such conduct is only exacerbated if it occurs in or around areas considered 'safe areas', like schools; and Page 1 of 3 WHEREAS, given the total number of elementary, middle and high schools within the City of Ashland, and given the number of pedestrian and bicycle routes to and from such schools, the only practical regulation to prevent such harm is a city-wide ban on public nudity within the City limits; and WHEREAS, the ordinance reflects that the ban on public nudity is not intended to reach constitutionally protected expressive activities and individuals desiring to engage in protected expression involving nudity are encouraged to coordinate. with responsible public officials so as to avoid harm to participants and citizens alike; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code in manner proposed and that the amendment is fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. AMC 10.44.012 [Public Nudity] is hereby amended to read as follows: 10.44.012 Public Nudity. It is unlawful for any person eiaht years of aae or older to intentionally expose his or her genitalia while on pllbliG property in the C 1 D (Downtown CommerGial) zone or in a pllbliG park while in a public place. This provision is not intended to apply to a person who is prepllbesGent or who has taken steps to Greate an envelope of privaGY Ilpon. their own property and the nudity OGGllrs within that em'elope. Nothina in this,Chapter shall be construed to prohibit anv act protected under the circumstances by the federal or state constitution. SECTION 2, AMC 10.44.020 [Penalties] is hereby amended to read as follows: 10.44.020 Penalties. Subiect to limitations of the Ashland City Charter. any Any person violating any section within this chapter shall be guilty of a misdemeanor as set forth in Section 1.08,010. a Class B violation as that class is defined under Oreaon law and AMC 1.08.020. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, Page 2 of 3 paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. 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 3-4) 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 in full, and then by title only in accordance with Article X, Section 2(A) of the City Charter on the 3rd day of November, 2009, and duly PASSED and ADOPTED this _ day of January, 2010. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of ,2010, John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 3 of 3 CITY OF ASHLAND Council Communication Downtown Sidewalk Usage Map Amendment - Newspaper Racks Meeting Date: January 5, 2010 Primary Staff Contact: Mike Faught Department: Public Works E-Mail: faughtm@ashland.or.us Secondary Dept.: Legal Secondary Contact: Richard Appicello Approval: Martha Benne Estimated Time: 30 minutes Question: Will the Council amend the Downtown Sidewalk Usage Map adding an additional site for one newspaper rack location in front of Louie's Bar & Grill? Staff Recommendation: Staffrecommends Council not 'approve the request to amend the Downtown Sidewalk Usage Map (DSUM). Background: Curtis Hayden, EditorlPublisher of The Sneak Preview, is requesting that the City Council make an exception to the new Right-of-Way Encroachment Ordinance and Guidelines and allow him to leave his existing wire newspaper racks and publications at Louie's Bar & Orilllocated at 41 North Main. On July 21,2009, the City Council adopted Ordinance No, 2990 "An Ordinance Amending AMC Chapter 13 Adding Uniform Sidewalk Regulations and Repealing AMC 6.44," and Ordinance No. 2989 "An Ordinance Amending AMC Chapter \3 To Establish Standard Forms For Right-of-Way Regulation and Providing For Donation or Loan of Function Items." On October 20,2009, the Council adopted Resolution 2009-29 "A Resolution Adopting Right-of-Way Encroachment Guidelines, Standard Forms, Minimum Standards for Functional items, and the Downtown Usage Map." Following the October 20,2009 approval of the Right-of-Way Encroachment Guidelines and given that the interim regulations require compliance by January 1,2010, staff invited all impacted newspaper distribution representatives to a series of group meetings to discuss a comprehensive transition plan. While there was not 100% agreement to the plan, a majority ofthose representatives at the meeting agreed to comply with the new newspaper rack standards and recommended $25 fee. The newly adopted DSUM identifies seven (7) approved locations for newspaper racks (see attached map) the one closest to Louie's is by the Mix Sweet Shoppe and identified on the map as Site No.2. The new right-of-way ordinance has very clear criteria (AMC 13.03.060) for approving the location of newspaper racks. No variances or exceptions to the criteria are allowed under the ordinance. Criteria include: . Consent of the adjacent property owner; . Except as specified on the DSUM, a 6 or 8 foot clearance; . At least 24" from the edge/curb face; . A minimum of200 foot spacing between box locations; Page 1 of2 r.l' CITY OF ASHLAND . Box material shall be of weatherproof and study construction (solid wood, iron, non-corrosive metal, cement, or similar material). Mr. Hayden's request does not meet at least two of the five criteria: the proposed newspaper racks does not meet the materials standard and it would be located just 96 feet from an existing site. Staff discussed the proposed location with the owner of Louie's and on December 29,2009, she told staff that she does not want the box in front of her business. If the City Council decides to approve Mr. Hayden' request, then staff recommends amending the DSUM creating a new newspaper rack site at Louie's, place a city approved nine (9) slot news rack at that location and determine which paper should be located at that site by lottery. Related City Policies: Ashland City Charter Article X Council Options: 1) The City Council could approve Mr. Hayden's request; 2) The City Council could decide to deny Mr. Hayden's request; 3) The City Council could decide to amend the DSUM and create a new newspaper rack location in front of Louie's Bar & Grill; 4) The City Council could decide to take other appropriate actions. Potential Motions: I) Move to approve Mr. Hayden's request; 2) Move to deny Mr. Hayden's request; 3) Move to amend the DSUM and create a new newspaper rack location in front of Louie's Bar & Grill; 4) Move to modify ( ) the options presented. Attachments: . Downtown Newsrack Locations Map Page2of2 r.l' In c:: o .. IV U o ..J .llI:: U IV "- In ~ Cl) z c:: ~ - c:: ~ o C ~g J U 'C i 1 ~i ~ i ~~ ! f J I J I I I 0 0 ~ 1 ~ a; ~ o ~ 3 e 9- '" \ = 1 t .I!oli "'I VI ..., CITY OF ASHLAND Council Communication Ordinance Amendin~ AMC Chapter 2: Pt 1. Commissions Committees and Boards Meeting Date: January 5,2010 Primary Staff Contact: Richard Appicello Department: Legal E-Mail: appicelr@ashland.or.us Secondary Dept.: City Recorder Secondary Contact: Barbara Christensen Approval: Martha Ben Estimated Time: 10 minutes Question: Should the Council approve First Reading of an ordinance amending Council Rules Chapter 2.04.090, 2.04.100 and 2.04.110 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 and set second Reading for January 19,2010. Background: The following modification has been made to this ordinance since December 15, 2009: 1. Part 1.: Automatic Continuance, [Pages 1-2] A new Council Rule is added stating that if Council fails to get to a matter on the Agenda before the meeting time expires, the matter will automatically be continued to the next regular meeting. This rule saves the City additional advertising costs, e.g. ordinances must be advertised. Agendas will include a reference to this rule. AMC 2.04.030 E.3. [Postponing Agenda Items] now reads: If time expires before the City Council can consider an item on the Agenda. including an advertised item, the unaddressed item shall automatically be continued to the next regularly scheduled meeting of the Council; re-advertisement shall not be required for such continued items. A note shan be placed on the Agenda referencing this continuance rule: "Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting, rAMC 2.04,030.E.l" 2. Part I: Correction to 2.04.11 O(A )4. [Page 8] Councilor Silbiger requested clarification regarding missing words in this section. 3. Part II: Band Board. [Title, Pages 39-41] Council Silbiger's preyious comments asked if the Band Board AMC 2,56 should be included in this ordinance. After reviewing the ordinance with the City Administrator and City Recorder, the Band Board was added with some changes proposed to bring the language of the Code closer to practice. Page 1 of5 r.l' CITY OF ASHLAND 4. Part II: Building Board of Appeals, [Title, Pages 38-39, 41-44] In the process of exploring how to comply with SB 915. the legal department discovered that the Building Board of Appeals under the Building Code (Chapter 15) needed to be moved to Chapter 2. SB 915 requires Building Code violations be addressed in a civil penalty procedure not municipal court, This adjustment has been made to Chapter 15, The followini! material is unchani!ed from Drevious Council Communications: The Council has discussed this ordinance on several occasions and individual councilors and staff have provided individual comments, The attached ordinance is an attempt to make all the changes directed, although some individual comments conflicted. In sum, the direction given at the City Council's meetings included: I. Council Liaison is a non-voting ex officio member, not a non-member or voting member. Exception for Planning Commission quasi-judicial functions where the Liaison is a non- member. 2. Term limits are three three-year terms (except Planning Commission) but not strictly prohibited, after three terms the Council to give due consideration to appointment of new (qualified) members, 3, Removal for Planning Commission is governed by statute. Removal for other Commissions is by the Mayor with the consent of the Council. 4. Slight change to reference to Roberts Rules. 5. No changes concerning: Chair Participation or Vice Chair moving to Chair. In addition the following individual comments were given consideration: Russ Silbiger emails dated 11-16-09 and 11-20-09 Kate Jackson email dated 11-15-09. Martha Bennett email dated 12-3-09 Unresolved issues: 1. Should Band Board be added (codified) 2. Should "The fifth voting member shull Ile the City Recorder" Ile struck in 2,11.010 eoncerning the Municipal AHdit Commission'). [resolved per Res, 2008-024 * 12-23-09} 3, Should the Airport Commission have a voting member on the Transportation Commission? 4. Should the prohibition on endorsement 2.10,080 be added to the Ethics code? Specific changes: 1. "Audit Committee" changed to "Commission", '" 2. Ad hoc Committees and Task Forces formed by Mayor with consent of Council. 3. Ad hoc Committees and Task Forces to follow procedures in AMC 2.10 and such other rules prescribed in order creating them. 4. Endorsement in AMC 2,10,080 (Ethics) clarified to relate to official capacity, Page 2 of 5 r.l' CITY OF ASHLAND 5, Rules and Regulations 2.10.070, combined with Roberts Rules 2.10.075 6, Separate Liaison provisions for City advisory bodies and Representative responsibilities for external entities. Because ordinance was provided to Council seven (7) days prior to Council First Reading changes contained in this draft need not be read in full. 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 Rules Committee also worked on rules concerning the role and duties of the Council liaison. The attached ordinance [Part 1] is an expansion of the 5/29/07 draft created by the Council Rules 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 2.04.1 ]0,] Another ordinance [Part 2] concerns 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.] These ordinances [Part I and Part II] present some policy issues for the Council. 1. 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 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 I - 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. Page 30f 5 r.l' CITY OF ASHLAND 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). Also 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 ofmisconduct 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- political 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. Robert's Rules, Part II [2.10,075] specifies that Robert's Rules 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 aiJ.d 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 proceedings. 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 Page4of5 r.l' CITY OF ASHLAND 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 codify 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 January 19,2010, (2) Postpone First Reading to a date certain, Potential Motions: Staff: Conduct First Reading: Council: Move to approve First Reading of the ordinance and set second readingfor January 19, 2010. Attachments: Proposed ordinance Page 5 of5 r.l' ORDINANCE NO. AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE SECTIONS AMC 2.04.030, 2,04. 090, 2.04.100 AND 2.04.110 RELATING TO COUNCIL RULES Annotated to show deletions 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: ="..,.,,<,..w',,_ _=, ~ * _,_== ,~ E!!!Iii;l$[Qolifj.if!9i!Z1!gIDliiriaiiltemSl I a~inclu'ain"rantla(jveittise(jrjtemihiifl1e~unaiClClresseClijferoWsl1aH Page 1 oflO automaticallv be continued to thenextreQullirlvscheduledmeetind of the Council: re-advertisement shallnotbe+realliredforsucli continued items.. Anote shall be placed onthe AQenda referen'"CiilQ this continuance rule: "Items on the Aael'ldariofconsidereddue to time constraints are automaticallvcontil11.1ed'tothenextreQularly scheduled Council meetinQ. JAMC 2.04.030,E.1'J. SECTION 2. 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 and Boards. Commissions and boards oriQinate from different sources. includinQ OreQon State Statute. Citv Charter and Municipal Code: others are established bv direction of the Mavor or the City Council. Advisory Commissions and Boards which are permanent rReQularl 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 Commission. AMC 2.10 contains code common to all Appointed Commissions and Boards. B. Council Ad-hoc Committees and Task Forces. The Mavor shall have the authority. with the consen't of the Council. to form ad-hoc committees or task forces to deal with specific tasks within specific time frames. Such ad hoc committees or task forces shall abide bv uniform rules and procedures set forth in AMC 2.10 and such other rules as prescribed bv the order establishinQ such ad hoc entities, Committees or task forces shall make recommendations bv way of a formal report to the City Council. The Mavor or Citv Administrator may refer matters to the appropriate ad hoc committee or task force. The Mavor 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 bv order establish the ad hoc bod v's scope of the work and rules of procedure, if necessary. 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 bv maioritv Page 2 of 10 vote may remove a member of an ad hoc committee or task force at any time, with or without cause. The Citv Council by maiority vote mav amend or dissolve an ad hoc committee or task force, C. ReQular Commission and Board Membership Appointments, Except for the Municipal Audit Commission (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 Mavor 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 or board. The Mayor shall not appoint. nor shall the Council consent to the appointment of a person to more than two (2) reQular board or commission positions at a time. This rule shall not apply to the PlanninQ HearinQ Board. Because broad citizen participation is encouraQed, the Mayor and Council shall Qive due consideration to appointment of new Qualified members before re-appointinQ a person to more than three (3) 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 CommissionJ!!.." and Boards, Committees. The Mavor with the consent of the City Council mav add to the membership of any citv commission or board UP to two positions for student liaisons. The student liaisons shall be non-votinQ ex officio members of their respective commissions or boards. 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. Student Liaisons need not be appointed to every advisory commission or board. F. Regular Membership Removal Process. Page 3 of 10 The City Council, with or without cause, may by maiority vote of the City Council at a reaular meetina. remove any reaular commission 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 resians or is removed. the Mayor shall appoint a replacement for the remainder of the term in accordance with paraaraph C. above. Notwithstandina the above procedure, removal of a Plannina Commissioner shall be aoverned by the procedures in ORS 227.030. Hearinas under ORS 227.030 are hereby deleaated by the aovernina body to the City Administrator or Hearinas 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 chanae or dissolution requires an ordinance amendinQ the Municipal Code. SECTION 3. AMC 2.04,100 [Operating Policies and Procedures Commissions, Committees and Boards] is hereby amended to read as follows: 2.04.100 Operating Policies and Procedures Commissions, Committees and Boards 1'.. Public Meeting La",:. B. Robert's Rules of Order. C. Deliberation. D, Agendas and Minutes. E. Absences, F. Quorum, G. Code of Ethics, H. Lobbying. I. Goals. J. Role of Staff. K. Final Decision Making. L. Number of Meetings. , M. Notice. N. Representing the Commission, Committee or Board. O. Budget. P. Expenses. Q. Committees. R. Suspension of Operating Procedures SECTION 4. AMC 2.04.110 [Council Liaisons] is hereby amended and renumbered to read as follows: Page 4 of 10 2.04.100 ~ Council Liaisons to Citv Advisorv Boards and Commissions. A. Role and Responsibilities of Council Liaisons. 1. The primary role of a Council liaison is to facilitate communication between the City advisory body and the Council. A Council Liaison is an ex officio non-votina member of the advisory body. not a reaular votina member and shall not serve as Chair, unless the Ashland Municipal Code specifically reauires the Liaison to serve as Chair or in a votina capacity. Notwithstandina the above, the Council Liaison to the Plannina Commission shall be considered a non-member Liaison and not an ex-officio member as reaards auasi-judicial matters. 2. Citv Councilors serve as liaisons to City commissions and boards, as well as ad hoc committees and task forces and are expected to represent the full City Council in interactina with the such entities. 3. City Councilors may attend meetinas of City Advisorv Boards and Commissions and other ad hoc entities as citizens of Ashland. When attendina as a citizen, Council members must identify their comments as personal views or opinions not a representation of City Council policy. B. Attendance. Liaisons should attend all reaular meetinas of the Commissions and Boards, or Ad hoc Committees or Task Forces to which they have assianed. In the event a liaison has difficulty attendina. the liaison should find an alternate to attend or review the video or other record of the proceedina. In the event of a continuina schedulina conflict. the Liaison should ask the Mayor to be reassianed. Liaisons shall not attend auasi-iudicial proceedinas when the final appeal or final decision is or could come before the City Council. C. Deliberations. The City Council values diversity of opinion. A sicjnificant role of an advisory bodv 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. AccordincllY, Council liaisons to City advisory bodies should not attempt to direct debate, lobby, or otherwise influence the direction or decisions of any advisory body Page 5 of 10 to which he or she has been assianed. Council liaisons are encouraaed to field and answer auestions as appropriate for an ex- officio member of the advisory bodv. Undue influence over the decisions of any City advisory body shall be arounds for removal of a Liaison assianment under paraaraph I below. D. Respect for Presidina Officer. City Councilors attendina advisory body meetinas as liaisons shall accord the same respect toward the Chair and other members as they do towards the Mayor. Presidina officer or each other. E. Council Information. City Councilors will inform the advisory bodies to which they have been appointed liaison of Council aaenda items and Council decisions that may be of interest to the advisory body. Liaisons shall also encouraae advisory board members to attend Council meetinas to keep abreast of Council action. policv matters and the activities of the city. To facilitate the above. and notwithstandina any other provision of the Code. the Chair of an advisory bod v shall periodicallv 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. toaether with the advisory bod v chair and assianed staff liaison will make recommendations to the Mayor for appointment of citizens to fill vacancies on their respective advisory bodies. G. VacaRcies. Reporting to the Council. Council liaisons shall periodically report to the entire Council on sianificant and important activities of each advisory body to which they have been assianed. Each advisory body should be invited to aive a short annual presentation to the Council. Liaisons mav seek assistance from the relevant staff liaison to accomplish this reportina responsibility. H. -h Liaison Appointment Process and Term. The Mayor will appoint a Councilor to act as a Council liaison to each and every advisory commission or board. Councilors interested in a Page 6 of 10 particular subject area should inform the Mavor of their interest and the Mavor should take the expression of interest andlor a Councilor's preference into account when makinQ appointment decisions. Liaison appointments shall be for a term of one year unless otherwise expresslv stated. Appointments are aenerallv made on an annual basis in January and the Mavor shall make an effort to rotate liaison assianments if there is more than one Councilor expressina a preference for an specific appointment.. 1-J, Removal from a Liaison Assignment The Mavor or a Councilor may be removed for any reason from a specific liaison position or assianment upon two-thirds vote of the entire Council. 2.04.110 Council Representatives to State. Reaional. Community. and other External Oraanizations. A. Role and Responsibilities of Council Representatives, 1. City Councilors may be appointed. either bv the City or bv another entity. to serve as the City of Ashland's representative to State. Reaional. and Community oraanizations. In all cases. the City's representative will follow the bvlaws and auidelines for service of the oraanization to which they have been appointed. 2. The purposes of servina as an official Representative to State, Reaional. Community. and other external oraanizations are to ensure effective workina relationships with other aaencies and oraanizations. ensure that Ashland uses all possible avenues to achieve community aoals: achieve City Council aoals both within the community and in the Roaue Vallev: protect the home rule authority of the City of Ashland to make decisions that are best for the community: ensure that kev City revenue streams are protected: and secure federal and state funds for proiects that benefit the Citv of Ashland and other community institutions. 3. City Councilors are expected to represent the full City Council in their work as Representatives. Representina a position other than the official position of the City of Ashland is arounds for removal under paraaraph E. Page 7 of 10 !oJ.; " ',ICitv Representatives servinQ as votinQ members on another orQanization's Board of Directors (such as the Roque Vallev Council of Governments) should work in the best interest of that orQanization when not in conflICt with best interest of the City of Ashland. When presentediwiih0I'a'conflicflltheWmemberl'sflall;deClare;the confliCt alld;nnec:essarV.fecuse' himselfl herse"ifrfrom the matter! 5. If the City Councilor servinQ as a Representative is asked to take an official position on an issue that affects the City of Ashland and the City's official position is unknown or unclear. the City Councilor should request that the item be placed on a Citv Council aQenda in accordance with AMC 2,04.030 for full City Council action. 6, City Council members may attend meetinQs of state. reQional. and community orQanizations as citizens of Ashland. When attendinQ as a citizen. Council members must identify their comments as personal views or opinions not a representation of City Council policv. B. Attendance. Representatives should attend all reQular meetinQs of the orQanizations to which they have assiQned, In the 'event a Councilor . has difficulty attendinQ. the Representative should find an alternate to attend on the City's behalf. In the event of a continuinQ schedulinQ conflict. the City Representative should ask the Mayor to be reassiQned. C. ReportinQ to the Council. Council Representatives shall periodically report to the entire Council on siQnificant and important decisions activities of each state, reQional, and community orQanizations to which they have been assiQned. Council members may also request that representatives of these orQanizations may be invited to Qive a short annual presentation to the Council. D. City Representative Appointment Process and Term. 1, The Mayor will appoint a Councilor to represent the City to state. reQional. and community orQanizations to which the Page 8 of 10 Citv is entitled to an official deleQate. The Citv Council shall confirm these appointments. 2. The Mayor and City Councilors mav also be invited by external orqanizations to represent either the City of Ashland or "Cities" in Qeneral. In these cases, the Mayor or Councilor that has been asked to serve will inform the City Council in a reqular meetinQ of the assiQnment and reQuest that the City Council confirm the appointment. 3. 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 makinQ appointment decisions. City Representative appointments shall be for a term of one year unless otherwise expressly stated. Appointments are qenerally made on an annual basis in January and the Mayor shall make an effort to rotate liaison assiQnments if there is more than one Councilor expressinq a preference for an specific appointment..~ E. Removal from a Representative AssiQnment The Mayor or a Councilor may be removed for any reason from a specific representative position or assiqnment upon two-thirds vote of the entire Council. SECTION 5, Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 6, Codification. Provisions of this Ordinance shall be incorporat~d 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 (Le. Sections 5-6) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2010, and duly PASSED and ADOPTED this day of ,2010, 1 Page 9 of 10 Barbara Christensen, City Recorder , SIGNED and APPROVED this Reviewed as to form: day of John Stromberg, Mayor Richard Appicello, City Attorney Page 10 of 10 ,2010. CITY OF ASHLAND Council Communication Ordinance Amending AMC Chapter 2: Pt 2. Commissions Committees and Boards Meeting Date: January 5,2010 Primary Staff Contact: Richard Appicello Department: Legal E-Mail: appicelr@ashland.or.us Secondary Dept.: City Recorder Secondary Contact: Barbara Christensen Approval: Martha Benne Estimated Time: 10 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: Staffrecommends Council approve the First Reading of this ordinance and set Second Reading for JanuaryI9,2010. Background: [The Af!ellda item below is ullchallf!ed from the Seotember 8. 2009 versioll. A summarv of challf!es to Part I alld Part II is ill eluded ill the Coullcil Commullicatioll for the comoallioll Part lordillallcel 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 5/29107 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 of a 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 1 of2 r.l' 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 Commission chapters are reduced to formation i!nd 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 January 5, 2010. (2) Postpone First Reading. . Potential Motions: Staff: Conduct First Reading: Council: Move to approve First Reading of the ordinance and set second readingfor January 19. 2010, Attachments: Proposed ordinance. , ~ Page 2 of2 .... IF..., 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 AND BOARDS; ADDING A NEW CHAPTER 2.11 MUNICIPAL AUDIT COMMISSION; A NEW CHAPTER 2.19 HOUSING COMMISSION, A NEW CHAPTER 2.15 FOREST LANDS COMMISSION, I<<RNEWCHAPTER~2ti22 Bt!JILDINGBOARDFOF'APPEAlliS 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, I<<MC2;56BANDiBOARP, REPEALING RESOLUTIONS 1995- 25,1996-18,2003-07 and 2007-15, AND CREATING A NEW CHAPTER 2.29 CONCERNING PUBLIC ART AND I<<MENDINGCHAPTER15;04 Annotated to show doletions 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 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 (now Commission) in the Ashland Municipal Code and edit existing ordinances to reduce duplication; and Page I of 55 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 and Boards] is hereby added to the Ashland Municipal Code to read as follows: 2.10 Uniform Policies and Operatinq Procedures for Advisory Commissions and Boards 2.10.005 Purpose. Advisory commissions and boards (advisory bodies) reauire uniform rules, policies and operatina procedures to assure maximum productivity and fairness for members and the public. Except where otherwise provided in this Code, the followinq policies and procedures aovern all the City's commissions and boards, as well as ad ho entities. Nothina herein removes the reauirement for compliance with more specific reaulations 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 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 oriainal members of an advisory commission or board, shall have a three (3) year term, except as otherwise provided in the appointment order. Notwithstandina the three year limitation, Plannina Commissioners shall serve four (4) year terms. All reaular 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 staaaer terms in the oriainal appointment order as necessary. Members may serve three (3) terms on any sinale commission or board, after which time the Mayor and Council will aive due consideration to other aualified candidates before makinq a reappointment. 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 Meetinas and Attendance. Unless otherwise provided by law, the number of meetinas related to business needs of an advisory commission, or boards may be set by the advisory body. All members are expected to attend all reaularly scheduled meetinas, study sessions and special meetinas, when applicable. If a member will be absent from a meetina the member must notify the chair or the staff liaison at least two hours prior to the meetina. 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 any member not Page 2 of 55 attendina a minimum of two-thirds (2/3) of all scheduled meetinas (inclusive of study sessions and special meetinasl shall be considered inactive and the position vacant. Attendance shall be reviewed by the commission or board durinq the reaularly scheduled meetinas in January and July, with a report sent to the Mayor and City Council advisina 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 meetinas of advisory commissions and boards are subiect to strict compliance with public meetina laws of the State of Oreaon. Notwithstandina notice reauirements under Oreaon law, advance notice of at least 36 hours shall be provided for all meetinqs. Notice shall be sent to a newspaper with aenerallocal circulation and posted on the city's website. In the case of emeraency or when a state of emeraency has been declared, notice appropriate to the circumstances shall be provided and reasons iustifyina the lack of 36-hour notice shall be included in the minutes of such meetina. 2.10.040 Quorum-and Effect of Lack Thereof. A auorum shall be determined by dividina the number of reaular members of the body by two and addinq one or, in the case of a fractional result. roundina UP to the next whole number. Non-votina ex officio members, staff and liaisons do not count toward the auorum. A maiority of the auorum is necessary to adopt any motion. Members need not be physically present at a meetina if another means of attendance (e.a. telephonic, internet etc.) has been established by the membership and public meetinqs law reauirements are met. If there is no auorum for a meetina, no official business shall be conducted and all matters advertised shall automatically be continued to the next reqularly scheduled meetina. 2.10.045 Council Liaison. See AMC 2.04.100. 2.10.050. Election of Officers, Secretary, and Subcommittees. At its first meetina of the year the advisory commission 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 proceedinas. The Department head may deleqate such tasks to a staff liaison. Subcommittees may be formed for the purpose of aatherinq information and forminq a recommendation to be brouaht forward to the full advisory body. Provided however, only the full body can make Page 3 of 55 recommendations to the City Council. Subcommittees must comply fully with the requirements of Oreaon Public Meetinas law. 2.10.055. Role of Staff. At least one staff person is assianed to work with each advisory commission or board. The staff liaison provides professional auidance, continuity, and insiaht into City policy and attends all reaular and special meetinas and workshops. The staff liaison supports the aroup as a whole and shall not do work at the reauest of individual . members. Each staff liaison has a limited amount of time to devote to the aroup. If additional staff time is needed the reauest should be made to the City Administrator or appropriate Department Head. 2.10.060 Aaendas and Minutes. The chair or staff liaison will be responsible for the aaenda of all meetin(ls of advisory commissions and boards. A member or staff liaison will be responsible for takina minutes. Aaendas and minutes will be posted on the city's web site. Members are encouraaed to access those documents from the web site. Staff will email or mail documents to members upon reauest. The Council Liaison shall periodically be (liven the opportunity to report to the commission or board. 2.10.065. Goals. Advisory commissions and boards are encouraaed to establish annual aoals and action items that reflect the body's charae as stated in the specific commission ordinance. Advisory bodies are expected to suaaest. support and advance Council aoals and are encouraaed to look for ways within their own uniaue responsibilities to do so. 2.10.070. Rules and Reaulations. The advisory commission or board may make such rules and reaulations as are necessary for its aovernance, includina the conduct of meetinas, when not inconsistent with Ashland City Charter, Ashland Municipal Code or Oreaon law. These rules may be less formal than Roberts Rules of Order. In the event of conflicts that cannot be resolved less formallv, Roberts Rules of Order shall be used as the standard for meetin(l rules and procedures. 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 proceedinas. 2.10.080. Code of Ethics. The City of Ashland is committed to the hiahest ethical standards for its public officials. To ensure public confidence, all members of advisory commissions and boards must be independent, impartial. responsible and not use their position for personal aain or to benefit or harm others. Advisory commissions and boards shall operate in the aeneral public interest servin a the community as a whole and shall serve no special interests. Advisory commission and board members shall not endorse in their official capacity any commercial product or enterprise. Members should be aware the criminal codes, ethics and conflict of Page 4 of 55 interest laws set forth in state statutes and city ordinances, includina but not limited to the State of Oreaon Criminal Code, ORS 244 and in AMC Chapter 3.08. 2.10.085. Deliberation. It is the duty of the chair or presidina 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 movina. 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 presidina officer. 2.10.090. Council as Final Decision-Maker. With the exception of certain deleaated auasi-judicial actions, most advisory commissions 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 aifts, beauests or devises of property in the name of the City to carry out any of the purposes of the advisory commission or board, which funds, if reauired by the terms of the qift, beauest or devise, shall be seqreaated from other funds for use with the approval of the City Council. 2.10.100 Budaet. Compensation and Expenses. Money is set aside in department budaets for Commission and Board expenses. Should an advisory body reauire additional funds, reauests should be submitted to the department head throuah the staff liaison. Reaular members of the advisory commissions 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 trainina or conferences and associated travel expenses related to official business. 2.10.105 Reports. Advisory commissions 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 reauested 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. 2.10.110. Lobbyinq and Representina the City. Members shall only represent the opinion or position of the advisory body if specifically authorized by the full membership at a duly advertised meetina. Unless Page 5 of 55 specifically directed by the City Council to state the city's official position on federal, state or county leaislative matters, no lobbyina before other elected bodies or committees will be undertaken by members of advisory commissions and boards. An individual member is free to voice a position on any issue as lona 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 or board. Advisory body members are prohibited from enaaainq in political activity in accordance with ORS 260.432. SECTION 2. A new Chapter AMC 2.11 [Municipal Audit Commission] is hereby added to the Ashland Municipal Code to read as follows: . 2.11 Municipal Audit Commission. 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 Commission, (formerly known as Municipal Audit Committee). 2Ml1'J010J Ml.Iriici .., al 'Audif:iCommissionIEstablished.The Mu Conrmissiori is .esfablislleCl::andshallconsisl!offour 4voti mem ers1 N()tWitllstalldinq. anvotl1"eFbrovision .0fthe:Asllland,MunicipallCaCle,follr. lIatinci'membersshallbeappointed by the Cityic;ollncil andslram'consist of fhelMavaror a C6uncilor,ione Budaet Commitfeemember,'ahdftWolcitizens ilflaHle:The City Recorder shall be an e)(-6fficio.rion-votina member! 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 Budaet Committee member shall be for one-year each expirina on April 30 of each year. All other terms shall be as provided in AMC 2.10.020. B. Qualifications. In makina the citizen at larae appointments, the council shall aive preference to persons with accountina or auditina experience, backaround or expertise. 2.11.020. Duties and Responsibilities. The Municipal Audit Commission shall be responsible to: A. Recommend to the council an independent firm of certified public accountants to perform the annual audit of the city. B. Analyze and report to the council sianificant findinas in the annual audit report and make recommendations reaardina such findinas. Page 6 of 55 C. Make recommendations, if any, to the council reaardina the followina financial documents: 1. Annual financial statements, 2. Manaaement letter submitted by the independent auditor, and 3. Response to manaaement letter submitted by city staff. D. To effectuate the duties and responsibilities of the Committee, the Committee may reauire the presence of any city official at its meetinas. 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-arowth forest ecosystems on city,owned forest lands to provide hiah auality 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) votina members includina a representative of the Ashland Parks Commission. The Commission may also consist of certain non-votina ex-officio members, includina a representative of the USDA Forest Service Ashland Ranaer District, a representative of the Oreaon Department of Forestry, a member of the City Council, a representative from the Tree Commission, the Director of Public Works, Director of Plannina, Fire Chief, Police Chief. Parks and Recreation Director or their desianees. L 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 oversiaht for the development of forest ecosystem manaqement plans and related activities in the Ashland watershed. Page 7 of 55 C. To develop a strona community volunteer proaram to assist in the implementation of the Ashland Forest Plan. D. To submit recommendations to the City Council reaardinq forest manaaement. E. To ensure that plans inteqrate the forest manaaement needs and concerns of the City and of private land owners in the wildland urban interface. F. To promote public knowledae and acceptance of the Ashland Forest Plan proarams. SECTION 4. A new Chapter 2.19. rHousinq Commission!. is hereby established to read as follows: 2.19. HOUSING COMMISSION 2.19.005 Purpose and Mission The mission of the Ashland Housina Commission is to encouraae housina that is available and affordable to a wider ranae of city residents, to enhance cooperation between the public and private sectors, to encouraae financial entities to support housinq proarams in the city, to coordinate housina and supportive services proarams and to educate the citizenry and promote public knowledae and understandina of the benefits of affordable housinq. 2.19.010 Established-Membership The Housina Commission is established and shall consist of nine (9) votina members and one (1) non- votina ex-officio member who shall be the City Housina Proaram Specialist. 2.18.015 Powers and Duties-Generallv The powers and duties of the commission shall be as follows: A. To develop and recommend coordinated housinq and supportive services proarams; B. To recommend housina 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 55 D. To review and make recommendations to the Citv Council on the Housina Trust Fund and related allocations; E. To investiaate federal, state, county and private fundina for implementation of city housinq proarams: F. To act in an advisory capacity and to provide advice and auidance to the City Council and other commissions on housina related matters: G. To oversee the dissemination of accurate information on the city's housinq supply and affordability; H. To monitor projects funded with the Community Development Block Grant (CDBG) and the Housina Trust Fund: I. To foster public knowledae and support of official city housina proarams SECTION 5. Chapter 2.12. rPlanninq Commission], 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 consistina 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 leaal constraints of ORS 227.030. The Mayor shall be an ex officio, non voting member of the City Planning Commission. 2.12.020 (Repealed) 2.12.030 Terms of Office VaGanGies SUGGessors to the original members of the City Planning Commission shall hold offiGe for four (1) years. 2.12.035 Terms of OffiGe AttendanGe All appointed Commissioners shall be expected to attend regularly sGheduled Planning Commission meetings, study sessions, and Hearings 80ard meetings, when appliGable. Any Commissioner having two (2) unexcused absences in a six (6) month period shall be considered inaGtjo.'e Page 9 of 55 and the position 'lacant. Any Commissioner not attending a minimum of Wo'o thirds (2!3) of all scheduled meetings shall be considered inactiye and the position vacant. .'\ttendance shall be reviewed by the Commission during the regularly scheduled meetings of January and July, with recommendations sent to the Mayor and Council for replacement, if necessary. 2.12.040 Elections of Officers Annual Report The Commission, at its first meeting, or as set forth in the Planning Commission bylaws, shall elect a Chair and a '.lice Chair, and shall appoint a Secretary who need not be a member of the Commission, all of whom shall hold office at the pleasure of the Commission. The Secretary shall keep an accurate record of all proceedings, and the City Planning Commission shall, on the first day of October of each year, make and file a report of all its transactions with the City Council. 2.12.050 Quorum Rules and Regulations Five (5) members of the City Planning Commission constitute a quorum. The Commission may make and alter rules and regulations for its government and procedure, consistent with the laws of the state and shall meet at least once eyery thirty (30) days. The recommendation to the City Council of any amendment to the Land Use Ordinance or Comprehensi\'e Plan shall be by the affirmative vote of not less than a majority of the total members of the commission. 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 55 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 COIlRsil may annually budget sush sums, :md authorize the employment of sonsulting ad':ise and/or nesessal)' staff to carry out the powers and duties delegated to the City Planning Commission and its subsommittees set forth in this shapter. The Commission may reseive gifts, bequests or devises of property to carry out any of the purposes of this shapter, whish shall be plased in a special fund for the use of said Commission. SECTION 6. Chapter 2.13. [Transportation Commissionl. is herebv 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 11 of 55 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 must 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. Po'....ers ami Duties, Generally. The Transportation Commission will review and make recommendations on the following topics as it relates to all modes of Transportation: 1. Safety: will develop, coordinate and promote transportation safety programs; 2. Planning: * 'NiII re'.'ie\,,' and ser....e as the primary body to de'Jelop recommendations to the City's long range transportation plans. * Will re':iew and make recommendations in Type III Planning ^ctions during the pre application process. 3. Funding: will make recommendations to the City's transportation section of the Capital Improvements Program; 4. J'.d':ocacy: will advocate and promote all modes of transportation to make modal equity a reality. * Facilitate coordination of transportation issues '.vith other governmental entities. * Select one or more member liaisons to attend and participate in meetings with other transportation related committees in the Rogue Valley. * Examine multi modal transportation issues. Page 12 of 55 D. Powers and Duties, Specifically. The Transportation Commission will review and f-orward all traffic implementation regulations to the Publis Works Direstor for final approval and implementation of official traffis safety and functional a~tivities. 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 '.viII be elested among its members annually. !'. vise shair will also be elested among its members to serve in the shair' s absense and who will susseed to the shair on April 30' following the shair' 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 offisio members, a student member may be appointed and would serve as an additional non voting ex offisio member. 2.13.030. Powers and Duties, Generally. The Transportation Commission will review and make recommendations on the followina topics as it relates to all modes of Transportation: 1. Safety: will develop, coordinate and promote transportation safety proqrams; 2. Plannina: * Will review and serve as the primarY bodv to develop recommendations to the Citv' s 10nQ ranQe transportation plans. * Will review and make recommendations in Type III Plannina Actions durina the pre-application process. 3. Fundina: will make recommendations to the City's transportation section of the Capital Improvements Proaram; 4. Advocacy: will advocate and promote all modes of transportation to make modal eauity a reality. Page 13 of 55 * Facilitate coordination of transportation issues with other aovernmental entities. * Select one or more member liaisons to attend and participate in meetinas with other transportation related committees in the Roaue Valley. * Examine multi-modal transportation issues. D. Powers and Duties, Specifically. The Transportation Commission will review and forward all traffic implementation reaulations to the Public Works Director for final approval and implementation of official traffic safety and functional activities. . 2.13.ll3ll Term and Vacancies ,... Term. The term for each voting member shall be three years, expiring on April 3lltA. . 8. Initial Term Transition. Three of the nine members shall be appointed to initial terms expiring .'\pril 30, 2ll1ll; three of the nine shall be appointed to initial terms expiring .^.pril 30; 2ll11; and three shall be appointed to initial terms expiring April 3ll, 2012. Following these initial terms, all members shall serve for 3 year terms expiring April 30. C. Vacancy. Any vacancy shall be filled by appointment of the Mayor and confirmed by the City Council, for the unexpired portion of the term. Any commissioner who is absent .....ithout prior notification from four or more meetings in a 12 month period shall be considered no longer acti':e and the position will be deemed vacant. 2.13.g4g Quorum, Rules and Regulations One more than half of the sitting voting members of the Commission shall constitute a quorum. The Commission shall meet monthly and at least ten times per calendar year. The Commission may recommend or make rules and regulations for its government and procedure, consistent with the laws of the State and the City Charter and ordinances. 2.13.050 Traffic Sub-Committee A. Purpose. The purpose of the Traffic Sub-Committee is to en~ble 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 55 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 sign age. 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 TranslJortation 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.Q6Q Reports The Gommission shall sllbmit Gopies of its minlltes to the City COllnGil and shall prepare and sllbmit sliGh reports as from time to time may be reqllested of them by the City COllnGiI, PllbliG Works Director or Community Development Director. Page15of55 2.13.070 Compensation \foting members of the commission shall receive no compensation for service while on the Transportation Commission or Traffic Sub Committee. SECTION 7. Chapter 2.17. [Public Arts Commission!. is herebv 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 Commission 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. ".I\cquisition" means the inclusion of an artwork in the J\shlaml Public Art Collection by any means including direct purchase, commission or acceptance of a gift. 8. "Artl.'''ork'' means visual works of public art as defined herein. C. ".^.shland Public Art Collection" means all public art acquired by the City by any means. D. "Capital improvement program (CIP)" means the city's program for ad':aRce planning of capital impro'Jements. Page 16 of 55 ... E. "City project" or "project" means any capital impro':ement project in an amount over $25,000 paid fur wholly or in part by the city of Ashland to purchase er construct any public building, decorative or cemmemerati'/e publis structure, sidewalk, or multi use pathway construstion, park facility construction, or any portion thereof, within the limits of the city of Ashland. "City project" or "project" does not include public utility improvements, (e.g. electric, water, se.....er, or stormwater), LID impro'/ements, including but not limited to streets, sidewalks and assosiated improvements, property asquisition, earth work, emergency work, minor alterations, rehabilitation, minor or partial replasement, remodeling or ordinary repair or maintenanse necessary to preserve a facility. Notwithstanding the above limitation, the Counsil or responsible contrasting officer may include any new city street or utility projest (limited to water, sewer and storm 'l/ater projests) in an amount o':er $25,000 as a sity project under this article, by either ':ate of the Council or inclusion in the contract solicitation documents prepared by the responsible contracting officer. F. "Commission" means the Ashland Public ^rts Commission created by AMC 2.17.010, consisting of seven members appointed by the mayor and confirmed by the Council. G. "Eligible funds" means a source of funds fur projects from .....hich art is not precluded as an object of expenditure. H. "Participating department" means the department that is subject to this artisle by its sponsorship of a city project. I. "Percent fur art" means the program established by this article to set aside a percentage of the total cost of city projects for public art. J. "Public art" means all furms of original'Norks of art in any media that has been planned and executed with the specified intention of being sited or staged en City Property or on property o.....ned or controlled by the City of j\,shland, usually outside and ascessible to the public. K. "Public art account" means the city of Ashland public art account in the city budget established by this article into which all moneys donated, . appropriated or derived pursuant te the percent for art program shall be deposited. Funds within the public art ascount shall be utilized f-or the purposes outlined in this article. L. "Removal" means the exclusion of an arn'lork from the !\.shland public art collection by the removal and disposal through any available means, sush as relinquishing title through sale, gift or destruction. Page 17 of 55 M. "Selection Panel" means a grollp of individuals selected by the Commission that '.'ViII evaluate the proposals associated with a particlllar project in a pllblic meeting. N. "TOT Fllnds" means the portion of transient occllpancy tax fllnds allocated for pllblic art. O. "Commercial Development Fee" means funds deposited by a commercial developer into the Pllblic Art accollnt when the developer prefers not to incorporate pllblic art into the project and follow the public art process for art acqllisition and approval. P. "Total cost" means the entire amollnt of the city's financial contriblltion to'Nard constrllction and maintenance of a project. 2.17.010 Established Membership. Created The Public Arts Commission for Ashland is established created 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 council member as a non-voting ex-officio cOllncil member and 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: t\vo for one year, two fOr t\..'o years and three fOr three years, thereafter all terms will be for three years. All members may vote on any matter coming before the commission, except as the ethics laws of the State of Oregon may provide. Any commissioner 'l/ho is absent from follr or more meetings in a one year period withollt being excused, shall be considered no longer active and the position vacant, and a nev: commissioner shall be appointed to fill the vacancy. 2.17.030 Officers At its first meeting the Pllblic Arts Commission shall elect a chair and a vice chair .....ho shall hold office fOr one year, except that the first chair and vice chair shall serve until the end of the calendar year. At the first meeting of each calendar year, the chair or vice chair from the previous year shall preside over elections for chair and vice chair. Neither the chair Page 18of55 nor vice chair shall serve as an officer fer more than two consecutive terms. 2.17.050 Meetings; Quorum; Voting The Public Arts Commission shall hold an official meeting at least monthly and may hold special meetings as set by the commission. ^ majority of the members constitutes 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 othel"\':ise provided. 2.17.060 Rules and Regulations The Public Arts Commission shall establish such rules and regulations for its government and procedures consistent with the laws of the state and the ordinances 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 55 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 'foting members of the Gommission shall recei'Je no Gompensation fur services rendered. The Gommission may reGeive gifts, bequests or devises of property on behalf of the Gity to Garry out any of the purposes of this Ghapter. These shall be plaGed in a speGial aGGount fur use of the Gommission. 2.17.090 Policies ,... The PubliG ^rts Commission shall operate in the general publiG interest serving the Gommunity as a whole. It shall ser....e no speGiaf interests. 8. The PubliG !\.rts Commission shall not endorse any commerGial product or enterprise 2.17.100 ProGess fOr aGquiring publiG art 11.. General. The PubliG Art Commission will Gall f-er entries by issuing a request f-er proposal, a request fur qualifiGation or by invitation. The Gall fur entries will inGlude speGifiG guidelines and Griteria fur the speGific project. E':ery Gall fur entry must Gomply with the City's public contraGting rules. 1.l\Gquisition. .'\Gquisition of publiG art will generally result fFo!w.- a. The commissioning or purGhasing of a work of publiG art by the Gity using Gity funds or donated funds, in aGGordanGe with public contraGting laws and AMC Chapter 2.50; or b. An offer made to the Gity to aGGept a work of publiG art as a gift, donation, or loan. 2. Removal. Remo'Jal of public art may be by request or owing to some damage or destruGtion of the artwork. Page 20 of 55 . 8. Selection Panel. ^ selectian panel, separate fram the Public I\rt Cammission, consisting af art professionals and enthusiasts, residents near the proposed site, community members, and city administrators will be chosen to evaluate the proposals received from artists. .'1. different selection panel shall be chosen fOr each project by the Commission after the following notifications have been made: 1. An ad is placed in a ne'Nspaper of general circulation in the GUy, 2. Postcards are sent out to all preperty owners located within 300 feet of the proposed site, and . 3. .'1. notice is placed on the city's website. The Commission shall pick the Selection Panel by examining applications received from interested parties. C. E':aluation of Acquisition Proposals. Proposals which meet the minimum requirements set fOrth in the call fOr entries will be given to the Selection Panel for revie'N. The proposals for acquisition shall be evaluated based upon criteria set forth in the call fOr entries at a public meeting. The Selection Panel will evaluate the proposals and make a recommendation to the Public !\.rt Commission regarding which proposals to accept. The Commissian shall fo'....:ard that recommendation to the City Cauncil fOr final selection. This ordinance does not exclude land use approval processes '....hen required fOr the use or structure. D. Remo\'al and Disposal Process. Except as provided in AMC 2.17.140(8), neither the Council nor the Commission is bound to follow any particular process for removal and disposal of art in the Ashland Public .'I.rt Callection. 2.17.110 Revie'l: process far gifts or donatians The Commission may solicit gifts and bequests of public art or funds to benefit the Ashland Public Art Collection. The Council shall decide whether to accept all such gifts of art work on behalf of the city and the I\shland Public Art Collection on its own mation or upon a recommendation by the Commission based on its own evaluation, or by recommendation of the Commission after the Selection Panel has e'.'aluated the arnvork using the guidelines in AMC 2.17.130 and the total cost over the life of the artwork. Page 21 of 55 /\11 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 designated by the donor. Funds in this aCGount may only be expended after they have been properly budgeted or approved by the Gity. 2.17.120 PubliG /\rt on Private Property Before public art can be plaGed on private property the Commission shall determine whether the site is appropriate for public art under the Site SeleGtion Griteria in AMC 2.17.130. If the site is found to be appropriate fOr public art, the City shall seGure authorization to use and aGGess the private property where the public art .....i11 be 10Gated before the aGquisition proGess 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 Gan be used fOr publiG art purposes, inGluding access for installation, maintenanGe and removal of the artwork. PubliG art Gan then be aGquired for placement on private property by following the process fOr: A. .l'.Gquisition in !\MC 2.17.100, or B. Gifts and donations in AMC 2.17.110. 2.17.130 Guidelines for reGommendation by the Commission .'\. SeleGtion Guidelines for Works of PubliG Art. 1. Quality. The am':ork should be of eXGeptional quality and enduring '1alue. 2. Site. The am'lork should enhanGe the existing character of the site by taking into aGGount sGale, Golor, material, texture, content, and the social dynamics of the IOGation. 3. History and Context. The artwork should consider the historical, geographiGal, and Gultural features of the site, as well as the relationship to the existing arGhitecture and landscaping of the site. 4. Initial Cost. The total Gost of the am':ork, inGluding all items related to its installation, should be Gonsidered. 5. MaintenanGe and Durability. The durability and cost to maintain the artv:ork should be Gonsidered and quantified, . particularly if the work is serviGing, repainting, repairing or replacement of mO'ling parts. Page 22 of 55 6. Perm:menGe. Bath temparary and permanent art .....orks shall be Gansidered. 7. Media. .1\11 furms af visual media shall be considered, subjeGt ta any requirements set furth by Gity ardinanGe. 8. PubliG Liability. The arnvark shauld nat result in safety hazards, nar Gause extraardinary liability ta the Gity. 9. Diversity. the artwork in the Ashland PubliG Art CalleGtian shauld enGaurage Gultural diversity. HI. CammerGial .'\spect. The artwork shall nat pramate gaads ar serviGes af adjaGent ar nearby businesses. 11. CamplianGe. Artwarks shall not vialate any federal, state, or lacallaws, inGluding speGifiGally Jl.MC Chapter 18.96. B. Guidelines fur Site Selection. 1. Ownership ar Cantral. PubliG art should be placed an a site owned or controlled by the Gity, ar there should be a written agreement ar legal instrument, granting the City permissian ta use the praperty far publiG art purpases, inGluding aGGess far installation, maintenanGe and rema'/al. 2. Visual AGGessibility. PubliG art shauld be easily visible and aGGessible ta the publiG. 3. Visual EnhanGement. Public art shauld visually enhanGe the overall publiG en',iranment and pedestrian streetsGape. 4. Pedestrian AGGessibility. PubliG art should experienGe high levels af pedestrian traffiG and be part sf the Gity's circulatian paths. 5. CirGulatian. PubliG art should not blaGk ...:indows, entranGeways, roadways or obstruGt narmal pedestrian GirGulatian ar ':ehiGle traffic. 6. Scale. PubliG art shauld nat be pi aGed in a site .....here it is overwhelmed ar Gompeting with the sGale af the site, adjaGent arGhiteGture, large signage, billbaards, etG. 2.17.140 Standards fur the Ashland PubliG Art CallcGtian Page 23 of 55 1\.. .'\cquisitions. The fellowing minimum standards and criteria shall apply to the asquisition of artworks. 1. .^.rtworks may be asquired by direct purchase, commission, gift or any other means. 2. Acquisition, whether by direct purchase, commission, gift, or otherwise, shall ossur by a legal instrument of conveyance or other writing transferring title of the artwork to the City and clearly defining the rights and responsibilities of all parties. J. The city shall obtain the rights of ovmership and possession without legal or ethical restrictions on the future use of the artwork upon final acceptance of the artwork, except where expressly pro\<ided in the contrast .....ith the artist. The artists shall retain all rights and interests in the artwork except for the rights of ownership and possession. 4. The City shall only acquire artworks if: 1) the artist warrants that he will not make a duplicate of the artwork, or permit others to do so, 'J:ithout written permission by the City, and 2) the artist giyes permission to the City to make a two dimensional reproductions as long as all such reproductions provide the sopyright symbol, name of the artist, title of the artwork, and the date of sompletion. 5. Complete records, including contracts with artists, shall be created and maintained fer all arn..'orks in the Ashland Public Art Collestion. B. Remo'/al. 1. The Commission may recommend removal and/or disposal based on one or more of the following conditions. No public hearing is required fer a removal recommendation. a. The site fer an artwork has become inappropriate because the site is no longer accessible to the public or the physical site is to be destroyed or significantly altered. b. The artwork is feund to be ferged or counterfeit. c. The artwork possesses substantial demonstrated faults of design or 'Norkmanship. Page 24 of 55 d. The artwork causes excessive or unreasonable maintenance. e. The artwork is damaged irreparably, or so severely that repair is impractical. f. The artwork presents a physical threat to public safety. . g. The am...ork 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 following receipt of a recommendation from the Commission the Council may remove and dispose of any artwork previously accepted into the Ashland Public .'\rt Collection in their sole discretion. b. Acceptance or placement of donated art by the city does not guarantee continuous public display of the am'Jork regardless of physical integrity, identity, authenticity, or physical condition of the site. c. Removal officially deletes the ','Iork from the city of Ashland Public Art Collection by a relinquishment of title to the am'/ork; thus, eliminating the city's obligation to maintain and preserve the am'lork. d. Notwithstanding the above, Artwork shall be disposed of in accordance with any specific terms for removal and disposal set forth in the contract '.'.lith the Artist. J. Removal and Disposal. a. The city may donate the am\lork to another governmental entity or a nonprofit organization. b. I'. work that is deemed to ha'..e retained sufficient monetary 'Jalue to warrant resale, shall be disposed of through a public sale, auction, or any other means as established by city ordinance. Page 25 of 55 c. Artvtorks removed from the Ashland Public Art Collection may be disposed of through any appropriate means, including the city's procedures f-or the disposition of surplus property. C. Borro'.ving of /\rtl.'torks. 1. The Commission may also recommend artworks be borrowed. 2. With the exception of ownership, the eligibility, review criteria, and procedure for borro'Ned works shall be the same as those established in this article for acquisition. 3. The borrowing of am...orks shall be pursuant to written agreement bet\\leen the city and the artist. 4. Nothing herein prohibits the city from securing other works of art or art exhibitions for display inside its f~cilities. 2.17.1511 Maintenance of the /\shland Public Art Collection A. Except where expressly pro.tided in a contract or warranty for public art the city shall be responsible for all maintenance of all artvJorks in the Ashland Public J'.rt Collection. B. Within the limitation of the city budget the city shall pro.tide necessary and appropriate maintenance of the Ashland Public Art Collection, including, but not limited to, regular 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 damage, deterioration, vandalism or theft of am'Jarks in the Ashland Public l\rt Collection shall be immediately reported to the appropriate City Department. City staff shall keep the Commission and Council informed of damage to City property. 2.17.1611 Parks commission The standards and procedures in this article are in addition to, not in derogation of, the /I.shland parks commission review responsibilities for projects proposed in city parks. Nothing herein exempts public art projects from compliance .....ith all applicable federal, state, and local laws including, but not limited to, land development regulations and building code compliance. Page 26 of 55 2.17.170 Development of guidelines The Commission shall have the ability to establish further guidelines concerning its operations; hO'Never, only the criteria and processes of this ordinance will be legally binding. 2.17.180 Creation, funding and use of Ashland public art account A. Establishment. The Council hereby establishes a separate account entitled the J\.shland public art account to be reflected in the city budget. All funds donated, appropriated or generated for the purpose of public art acquisition and education shall be deposited in this account ami used solely for such purposes, in accordance ',\lith this article and other applicable law. Funds generated 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 .'\rt dedication in this section shall all be deposited into the J\.shland Public Art Account. 8. 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 .....orkshops, in accordance with the pro,..isions of this article and other applicable law. C. Requirement for Dedication of a Percent for J\rt. ^ny city official or employee who authorizes or appropriates expenditures on behalf of a participating department f~r a city project shall, to the degree that there are eligible funds, include within the budget for the project a monetary contribution for the public art account equal to one half percent (0.5%) of the total cost of the project. 1. One half percent (0.5%) of the total cost of a qualifying 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 acting on behalf of the participating department no earlier than the time that budgeted funds are encumbered for construction of the city project and no later than final inspection of the completed city project. 2. The participating department shall consider the siting of public art as part of the design and engineering phase of any city project. If costs are incurred by the participating department to comply with this article requirement prior to transfer of the one half percent (.5%) dedication for tile city Page 27 of 55 project to the public art account, the participating 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 funding for a particular city project is subject to legal 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 general 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 project at the time that funds for the phase are appropriated and encumbered. However, nothing in this section prevents the Council from deciding 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 determining when to hold or set aside the funds for a phased project, 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 f-or public art shall be deposited in separate accounts within the public art account if separate accounting is deemed appropriate by the Administrative Services Director (Finance) or is required by law. G. Monetary contributions or appropriations made other than through the percent for art program shall be deposited in the public art account and may be dedicated to or earmarked for a specific . education program or work of art, subject 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 according to this article and other applicable city ordinances, including but not limited to the public contracting code (AMC Chapter 2.50). I. The Council may adopt by resolution case specific waivers or guidelines for administration of the percent for art program, including 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 program. Page 28 of 55 SECTION 8. Chapter 2.18. [Conservation 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 .m1 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. 2.111.020 Terms VacanGies The term of voting members shall be for three years, expiring on April 30 of eaGh year. Any \'aGanGY shall be filled by appointment by the Mayor with Gonfirmation by the City CounGiI for the unexpired portion of the term. The terms of the initial nine members shall be three members for one year, three for t\vo years, and three for three years, whiGh shall be drawn by lot at the first meeting of the Gommission after the adoption of this resolution. Their SUGGessors shall be appointed for three year terms. Any Gommissioner who has four or more unexGused absenGes in a one year period shall be considered no longer aGti'Je and the position vaGant and a ne..... person shall be appointed to fill the \'aGanGY. 2.111.030 Quorum Rules and Meetings Five 'foting members of the Gommission shall constitute a quorum. If a quorum is present, the affirmatjo.'e vote of a majority of commissioners present at the meeting and entitled to vote shall be suffiGient to GonduGt business. The Gommission may make rules and regulations for its meetings and procedures Gonsistent with Gity ordinanGes and this resolution, and shall meet at least onGe every month. At its first meeting, the Gommission shall elect a Ghair and 'liGe Ghair who shall serve for a period of one year or until replaced by the Gommission. 2.18.040 Powers and Duties-Generally Page 29 of 55 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 wastellandfill 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 commission shall submit copies of its minutes to the City Council ami shall prepare and submit such reports as from time to time may be requested by the council. 2.18.060 Compensation Voting members of the Commission shall recei':e no compensation fOr services rendered. SECTION 9. Chapter 2.21. [Cable Access Commissionl. is hereby amended to read as follows: 2.21 Cable Acsess Commission 2.21.010 Definitions The following words and phrases whene':er used in this chapter shall be construed as defined in this section unless from the sontext a different meaning is intended. ,... "!\.ssess" or "publis assess" means that government assess channel or channels provided to the City of .'l.shland by the Cable Company in accordanse with Sestion 26 of Ordinanse No. 2258 or the Cable Tele':ision Consumer Protection and Competition Act of 1992. B. "Commission" means the Ashland Cable A.ssess Commission created by and with authority as delineated by this ordinanse. Page 30 of 55 C. "RVT'f" means Rogue Valley Community Television as administered by the Extended Campus Program of Southern Oregon State College. 2.21.020 Commission Established, Membership 1'.. The Ashland Cable Access Commission is created and shall consist of five members appointed by the Mayor and confirmed by the Council. 8. The Commission shall also consist of the following ex officio, non 'Joting members: the City of J'.shland Administrator or designee and a representati'/e of the Southern Oregon State College RVTV staff. 2.21.030 Terms Vacancies When the first members of the Commi&&ion are appointed by the Mayor under Section 2.21.020, two shall be appointed for a term to expire July 1997, two shall be appointed fer a term to expire July 1998, and one &hall be appointed for a term to expire July 1999. The successors to these position& &hall sente terms of three years. '!acancie& &hall be filled as promptly as po&&ible. .'tny Commissioner who is absent for two consecutive meetings or four meeting& in a one year period without being excu&ed, &hall be considered no longer active and the position vacant. 2.21.040 Quorum Rule& and Meetings I'. quorum shall exist whene'Jer a majority of the duly appointed voting members are present. 1'. majority of a quorum shall be necessary fer the conducting of busine&& at meeting&. Tile Commission shall develop and operate in accordance with appropriate rules and regulations for the conduct of its meetings, and shall meet at least e'Jery other month. 2.21.060 Powers and Duties Generally The Commission &hall: 1\. Revie....., adopt and recommend fer City Council approval appropriate guidelines, policies and procedures f-er public acces& &el'\'ice& through R'IT'! including use of access facilities. The policie& and procedure& shall include a dispute resolution process fer the public to resolve disputes regarding public acce&&. The Commis&ion shall monitor and assist in, where appropriate, the implementation of these guidelines, policies and procedures. 8. Monitor, evaluate and make recommendations to the City Council regarding the effectivenes& of agreements between the city and Southern Oregon State College or others invol','ing public acce&s programming, Page 31 of 55 equillment and facilities. C. The Commission shall have the further resllonsibility to assess lJ:hether the Ilublic's need f-er community access Ilrogramming is being satisfied and to de':elolllong range Illans, strategies, and recommendations fer imllro':ed community access as it deems necessary. D. The Commission shall have the authority to search out grant funds and other sources of re'/enue f-er Ilublic access, to f-ester new Ilrogram de':elollment, and to seek additional particillants. 2.21.070 Aflfleals Exceflt as flrovided in this section, a decision of the Commission is final. Provided the petition is filed within 60 days of the decision, any flerson aggrieved by a decision of the Commission may fletition the Ashland City Council to hear an aflfleal of the decision. The Council may decline to hear the fletition. If the Council hears the fletition, it shall ha'/e the authority to affirm, modif;- or re'/erse the decision of the Commission. 2.21.080 Reports The Commission shall submit cOflies of its minutes to the City Council and shall submit such reflorts as from time to time may be requested by the Mayor and City Council. 2.21.090 Comflensation Voting members of the Commission shall recei'/e no comflensation fer services rendered. The Commission may recei'/e grants, gifts, bequests or devises of flroflerty to carry out any of the purposes of this Chaflter which shall be fllaced in a sflecial account fer the use of the Commission. SECTION 10. Chapter 2.24. [Historic 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 (9j"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 55 2.24.020 Term Vacancies . The members shall be appointed by the Mayor, '.\lith confirmation by the City Council, for three (3) year terms. Initially, three (3) members shall be appointed to terms eXfliring on December 31, 1975, three (3) for terms eXfliring December 31, 1976, and three (3) for terms eXfliring December 31, 1977. (Ord. 2423.1', changed . expiration dates to Aflril 30th of the next year beginning fer terms ending in 1989.) Their successors shall be aflflointed to three (3) year terms. Any Commissioner who is absent from four (4) or more meetings in a one year fleriod without being excused, shall be considered no longer acti...e and the flosition vacant, and a new Commissioner shall be aflflointed to fill the vacancy. (Ord. 2423 .II. S4, 1989; Ord. 2534, 1989) 2.24.030 Quorum Rules and Regulations Five (5) voting members of the Commission shall constitute a quorum. At its first meeting of the year the Commission shall elect a Chair, Vice Chair and Secretary, 'lJho shall hold office at the flleasure of the Commission. The Commission may make rules and regulations fer its government and flrocedure, consistent '.dth the la'....s of the State and City Charter and Ordinances and shall meet at least once a month on the first '.I'Iednesday at 7:30 P.M. in the Ashland Community 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 55 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 aesthet.ic standards for historic areas. 2.24.050 Reports The Commission shall submit copies of its minutes to the City Council and Planning Commission and shall flreflare and submit such reflorts as from time to time may be requested of them by the Mayor and City Council and the. Planning Commission. 2.24.060 Comflensation Voting members of the Commission shall receive no comflensatioA fer services rendered. The Commission may receive gifts, bequests or devises of proflerty to carry out any of the purposes of this Chaflter, which shall be fllaced in a sflecial fund for use of said Commission. SECTION 11. Chapter 2.23, [Ashland Airport Commissionl. is hereby amended to read as follows: 2.23 Ashland Airport Commission 2.23.010 Established - Membership There is her-eby established an Ashland Airport Commission which shall consist of nine (9) voting members, one (1) of which shall be the Council flerson aflflointed 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 confirmation by the City Council. 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 Vacancies Page 34 of 55 The term of eight of the voting members shall be fer three (3) years eXfliring on ,1\flril 30 of each year. The term of the Council liaison flerson shall be f-er one (1) year. Any vacancy shall be filled by aflflointment by the Mayor, with confirmation by the City Council, for any unexflired 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 fer three (3) years, which shall be drawn by lot at the first meeting of the Commission after the adofltion of this chaflter. Their successors shall be aflflointed to three (3) year terms. Any Commissioner who is absent from four (4) or more meetings in any one calendar year, without being excused, shall be considered no longer active and the flosition vacant, and a new Commissioner shall be 3flflointed to fill the '/acancy. 2.23.030 Quorum Rules and Meetings Fi'/e (5) voting members of the Commission shall constitute a quorum. The Commission may make rules and regulations fer its government and procedure, consistent with the la'.\Is of the State and City Charter and shall meet at least once 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 Reflorts The Commission 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. 2.23.060 Comflensation Voting members of the Commission shall receive no comflensation for services rendered. The Commission may receive gifts, bequests, or devises of flroflerty to carry out any of the flurfloses of this Chaflter, which shall be segregated from other funds for use by said Commission '/.'ith the aflflroval of the City Council. Page 35 of 55 SECTION 12. Chapter 2.25, rTree 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 provide advice and guidance to commissions, the Council and city deflartments on all tree related matters and to invol'/e citizens in flrotecting Ashland's urban forest. The Commission shall consist of the actual number of current sitting Commission members aflflointed by the Mayor and confirmed by the City Council flursuant to AMC Section 2.25. 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 and 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 aflflointed by the Mayor with confirmation by the City Council. 2.25.020 Term Vacancies The term of a voting Commissioner shall be for three years. Any vacancy shall be filled by aflflointment of the Mayor with confirmation by the City Council f-er the unexpired flortion of the term. Any Commissioner with tour or more unexcused absences from meetings in a one year fleriod shall be considered no longer acti'.'e and the position vacant and a new Commissioner shall be appointed to fill the vacancy. 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 official Commission business shall be conducted and all matters advertised shall automatically be continued to the next regularly scheduled meeting. The Commission may make rules and regulations tor its meetings and flrocedures consistent with city ordinances, and shall meet at least once every month. At its first meeting of each year the Commission shall elect a Chair, a Vice Chair 2.25.040 Powers and Duties - Generally Page 36 of 55 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 Reflorts The Commission shall submit cOflies of its minutes to the City Council and shall prepare and submit such reflorts as from time to time may be requested of them by the City Councilor the Planning Commission. Page 37 of 55 2.25.060 Donations Subject to the f-ermal acceptance by the City Council, the Commission may recei'Je gifts, bequests or other devices of flroflerty in the name of the City to carr;- out any of the flurfloses of this Chapter, whish shall be I'll aced in a sflecial account f-er use at the discretion of the Commission. Penalty or mitigation fees as described in 18.61.030, C and authorized by City Council may also be I'll aced in such account. ~~~,,~]I<:?N ,13}I}~!JlewA~.~}~h~~8~~.r,2 ;22, [BuildiD~;~oard'ofI~~p:~~ls j,' i.s"he~y' added from deleted I movedsedlons of AMC ChaRter .15 to readlas follows: 2t22 BuildinQ.Board of Appeals 2~2!01 0: EstalJlisliedMembersfiip mfierei.is'.established1a'..BlIildir'f(jiBoardofi'AppealsiconsistihQ16fisiX::16} . v:otiricfime~mb'ers~tiri'clui:linQ10'1i'afplannin'QiCoiiiffiissioi1~memDer~wfiofare QualifieCllovJ'exP'eriencelliiilClrt?aminQJtoJpasslupcmiiii'aHerslbeftainin'(jad Duitain"'lrelafeal'activitiesfanCl!fneI'C1emoll loclifionlOfllJui IOiH'SlJ !:ilualifieCllfexperne'nc'eJ'anClifraininCiJin'clu'dtllimife~aJfolfn'e followin'a:j{leneraliCO'nfracfo~n~aineer:.Iarctiite~cf"!l!electrician!,pluiTiB'eF! l1eatil1'QJanaJiiirJconditionin~Q~'siQniinstallatioi1forlouiICJin'a1'COriStrucfion~crn aai:lifion;1aljlellsffOne',"nemoerrsnall:lilso'ifiavereX:perienC&!l!Kn~owleaae'tor'tan interestlinlaeiTiolition~aeDrisrrecvcl inQ:iAT:fie1BuiICJinQ1f0fficilil!stlalll6e'lahl'ex officiornon~vofina1me'mlJerianalStial'IJactJasJSErc:refaiiV.rof,ffh"'evBoara'excei5t ffiat:rfne1BuiICliila[0fficiimsnaIIJOOtJse'rveJli'sranl'exlrofficiO'iriiiemoerifor. apP'ealsi'ofIiAaiiiinistrativerJ?ehaltie'sj'I'."~ 2;~25.040 Powersahd Duties',"GEmerally, In~Jah)roperIV&filedJappeaIJpbrsuahtao!AMe,CfiaDter;l1'5;ltli(iiBuildinQ~Board offApp'eals!'sfiallifiaveltfi'eHollowinqiij:powers~CJufie'slan'C1WresponsillilitieS1 w; to.!determihEi'tliesuitabilitv''Ofalternatelffiaterials'ahdrmetfiods'of construction ;' Bo' to,'proviCJefforcireasonableliiit(irlJretationsl6fithelprovisicfnsiof sfandaroslaPplicalJle1tOlbuiICJin'Q.anCllrelileCJ'activifiElsraamiilistered tfi i'oll'Q'fiJffiisfcitVi ~l'iI:fo.lc'OnsiCJel1l'appeals'Jas'me'IDemolition'JiReviewl.comiiiittee; D'rnlto.lfi'ea~r1appeifalsroflttlelimpositioililof,JA'lfministritive'1lBenalffl"lS E.! to!' nea'i"fappirals!'oflOi:Clei'S:iI'Clecisioffs!orlCJeterminationsl'iTia-oelbvhtlle buildina'official'relafiYffitoTtfie"aPlJlicatiOil'and iriferpreflifioh.Oftliis code! Page 38 of 55 r' frhe Boardish~all ,adopt reasonable rules1andreQulationsfo~conductinQ its investiQatidns and appeals and shall fender all decisions andfindil1qsin' writinQ. The Board. with the consent of the Community Development Director, mav hire a hearinqs officer to conduct appeal,hearinQs when 'necessarvarid provide, a recommended'disposition to the Board! ~ECTION14yiAMC,. Cna~teri2:56,JCity'2Barid];. is hel:eoyj'arnendedto;readas follows! 2.56 City. Band 2.56.010iBarid BoardE!!!ilblished Mem,tii'll'ship' [fhy Ashlan~Band Board is established and shall consistof six voting members appointed by the mayor with confirmation, by the council: The board shall also'" ponsist of one' non-voting e)cofficio memoer, who shall be the director 'of thEf"' band! 2.56.015 8aRs8oard Terms Vacanciea lhe term of;\'oting mem9~rs ~hall be fer three years,',exfliring on Aflril 3Q ~ each year.rhe memberuervlRgonthe band board ,as,of September 1998 ~hall serve.until April. 30,.1i)Q9. ,..nY'/llGancy shall be'filled by aflflointment k", .L.. ,';;;:,;\'+<" _,/""\''^>'", ";:'-~X:Rl;"'-,. "., h~<_)::,_ -< -",c:<""';"" l>ythemaY~r?Jith confirmation by the,'city council ~rthe unexflire!'t portion ofthe term. The terms of the six members ap'pointed to SUGG'eed those members '."hose t9'rmsexflire in Aflril1999 shall be stagger~d in tiie J - ,,_ _' . _ " - _ . '_ - - _ r---' follo'....ingmanner: Two members shall,be aflflointed for one year,tw~ !RemberEi ~r"t\"'9 years,;l1f1d twomembe!'Sfor thre~years. The length of the inilialtl:irmsfer thesesix'members ,shallbedeterminedbytheimayor at the" (,; ,_'''_.'/.;",-'(' -',--"t,/',_,-',,_,', - ::__;J<__~____ -, ,',-\(/' " ",ifS'__ r---' ~i'rle of appointment. Theirsllccessors;shallbe aflflointed for thr~eyearL, terms. ^nyboard memb~r who is absent from feur or more meetings in a ~me year fleriod shall be considered no longer active and the flositionr- I . i'" I ~.'acant, ansa new person shall be al!Pointed to fill the.'/acancyi:. 2:56.020 Quorum' RUles'aAdMeetiAg~ Four voting:membersof the board shall constitute a quorum. If a)juorum is pr-esent, the affirmative 'fote of a majority of members present at the :meeting afld entitled to 'l~te s:hall bes,ufficient to. cOl-lduGt busine,ss,:'1'ho ~oar~.. m~y'ii~.a.kl),!uleS:~'~'i~'ire~ul~ti~fl~~~r it~ mEle\i~~~.afld .pr~~'ii~I:JJ-e{, ponslstent':!lth (lIly ordlfl3,nces, and.s"an meetas'n~cessary butfll)tles~ than onceller year. j\,t its.first meeting, the board shan elect a'chair;who bhan flreside over an meetings and flerfoi'm such other duties asmaybJ ~ecessary fer the adminietration of the'band, band board and thischa~ter: ~"'ice chait~shall also be elected who, shan serve in the absenGe.OUh~ ~hair: . Page 39 of 55 ~.56.025 Powers and Duties GeneraUy, jfhe po~;duties and resRonsibilitiesoHhe Ashland Band 'Board shall beas follows:. ~. . Ger)E;l~al,supervi~ioq;~?dControl;o'v:~r.the' Ashlaq9iCityBapdL B. Whenreauestec:l;>re'port Rep-ot1t1aMeastanrlliallyto the may'cir~arjd citY, council ofthe activities of the band.f C. On o~prior to December 15 of each year, report to City Administrato.; the mayor as to the activities and welfare.oHhe band! b. Detyrmine compens;ation for the bg?d director arid-members' in ~cordancE;lfutith. the band,siar:!l2roved"b~;~9fi!! 2.56.030 Director Al2l2oiritment, Duties,' Coml2ensatiori ~. Prior.to January of each year, after receiving tl'le reflort ofth~ band !".oard. undec~ection~'~~~~f~; t~emaY~(':"ith confirR'!ation by the1GOU~; Upon recommenc:lation>of.theBand Board. the CitY Administrator shall appoint a band director. Who .shallse..veat the pleasure of themay~ B. : The director shall! ----:1. .Pr-omote, organize and direcqhe Ashlan'dCi!y'Band! 2.j?~S~IE;lCNhe rn~sicians forthst>gnd! .. .. ' roo'.. '. 3'1~':~iAppoini at3,atj~s~cr~tarY ~hp'shall ke:eplninutes of allb;aJ'!d bo~ meetlngs,recor(js of the organization .and.shall particularly keep a'careful and ~ccurate reCord of attendarlce by all members. The secretary shall serve at th'e pleasure of ihe director,and Rerform.such other duties as may' be assigned by. the airector.! Ii. ." :;,1,~:.~ppoint 8, b~n1(j:librariani .,ybg ,shall. havyc.~:ljl.rge of and,~h~1l paref~lIykee'pall the sheetrm.lsic now oWnedorhereaftyracquiryd by'.?gnd;-lilli Iibranan shall keep proper and complete records of all property placed In the I. _ .':'- ,._ _ _ .' _ _ - _ . _'- ~_ _ "'-- librarian's' custody and shall make a proper .inventory and ,accounting thereof a! the end of the: year. The librarian shall serve at the pleasure of the director and berform suc9Rther .duties.asfl'lay be assi~nedby the ,director! 5;>'~,\tA'ppoint a ql.i~ttermasterwHbo.shall nave:ctlargeof and,s/:lcil! parefully keep'allband uni~orrns and other'Property ~hich ,is now oWrledor ma~L., hereafter be acquired by the band. The quartermaster shall serve at the pleasure bf the ~irector. and perform such other duties as may be assigned by the'direct,Qrl 6.. ',Perform such other services, as may' be reasonably' reguested by. thebandbo~~ 2;56.040 'Budget Prior to the ,preparation ofthe City budget each year, the hand board shall cause ~,careful estimate to bernci(jeoftheball~:~needs fortby'ensuing year!in view of tHe. fu nds. toroe:available:ari1:t'shall' subriJit1same to the'dii'Mtor,of .finan~~,for Page 40 of 55 S'qnsi~e~a,tiq:~~rWi~n the qtD$:lr:lpydgetary i)i~;tters.jThroJ!9D~tbe.cityis buqget pr0cess;ithe~Eity. CouriCil:snallfix andaetermine thelBaha's:budget fofaha f<:;~::<:'>;"',;<,:!':2':;:;:::;!""""" ensUlng:y'ear! 2,56,060;Peiforrnances ur~naJI~~~~etJ~~~~~~:~1~~lten'Cbncerts;rrinCIUdin9..the::Eourth'of SECTION 15. Continuation of Existing Appointments and Savings Clause. NotwithstandinQ any other provision of this Ordinance. currentlv seated Commission. Committee and board members. (votinQ and non-votinq). as well as Liaisons. appointed under authority of prior Code. Ordinance or Resolution 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. 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. SECTION 16. Repeal. Resolution No. 1995-25 is hereby repealed. SECTION 17. Repeal. Resolution No.1996-18 is hereby repealed. SECTION 18. Repeal. Resolution No. 2007-15 is hereby repealed. SECTION 19 Repeal. Resolution No. 2008-024 is hereby repealed. SECJ;IQN;20il",t>.;Section.J.5'!04.200 [Board!6fAp-p-eals ];!isuh6reby. ;amended....td t;F:''':F'''>:N';>!<'<'~','!>:'',-,T,,~ - - read'asfoI16\fis; ;t5~04.200'Boardof' AQQeals'::"'Appeal'.Procedure Page 41 of 55 ~hroligltthis city aridtoconsiEletapp'ealsas,~h~DemQlition Re'/ie\':<..,-,-, Committee, there is created a So.ard of AflP.eals consisting of six voting \:nembers, including one fllanning commission member, .....ho are qualified by eXflerience and training tOflass uflon .matters flert~ining to builEling :related!'lctiVitiesa!;l,!ilt~e de!'flllllfip.n.and.W~~G,;ition of/;l\;lil~ings, At'.I~ one member shall also have eXflenence, ~nowledgeoran Interest I" ~emolition debris recycling. The Building Official shall be an ex officio ~ i"oting .member and shall act as Secreta!)' of the Soard, The board ,shall adoflt(eaSOnable [1I.les andreg,ulations f()(Cl9nducting,lts in'Jestig~tion'S br:idaflP.e'alsand s.llall renderaJtElecisions;<lFld finding~'inwriting;,'fhr ~ecisionand findings shall be ,,"ailed to alLflersons '::00 aflfleared'betOr'e the Soard. The administrator of the State Suilding Codes Division shall b~ furnished cOflies.of decisions interp~gstate building~ ~uire'ments! ExceflU.or theplannir'lg commission member who shallbeselected'by~ ;Chair of ~he fllanning commission, members shall be aflflointed by the~ mayor, with confirm.ation by the council. All members shall serve terms of I - .''.. '. _,' -- ,'--.. .. ,"..".. ',_ :,." ",:"". , three years, eXfliringon April300feach yeljr. The two.members '....I;I.oha'le I.. ..' 1 ',:c' ,'" -- .. .... '-" :~"_.'_' ,. '. .. .. "'," .. .i." '-, .... ' .. ',,",": ":: ...... ,.,-" ..:.. :>:_'","., ..:.. " .:C< ::'''','''':.' ... served on the Board!for the longest 'fleriodasof December 31, 2001; shall ~ontinuilto serve U*'ltil April 30; 2002. The t\:;;o membe..s who ha'leser\'ed I- "," .. '-.. .. ."'.' ..., " .., ' -,......... on the Soard for the. next longest fleriod as. of December 31, 2001, shall ~ontinueto serve until April 30',.2003: The member sel'\'ing on the Board1tie 'Ieastfle~!pd oftime~sof Decel'l1ber ~1,2QQj;;.shall coriti~ueto s~'Xeuntll ~flriI3~;,2004. Th'eihitial terml;)fthe planni~g' c'ommissiQR memblilr);hall:--, expire OR Aflril 30, 2004. Any ':acancy shall be filled byappointmeRt by the Inayor with confirmation by the cit}' councii'fer the unexp-ired flortion of th~ term. ^ .member is eligible fer reaP-flointmel'lt! ~ .' ,Appeal ProeeClure. Anv:'{a} final decisionrelatiriq,to thesuitabilitv of alternate materials and methods of construction or (b) final decision of the C1emolition review committee or (c) an interpretation or final decision bv th~ buildiriQ official. includinQ the imposition of administrative penalties. with reQardtothe Citvof'AshlandEluildinQ Code mavbeappealed to .the Eluildincl'Eloard of Appeals inconformanee',with procedures provided in the applicable'section ofthe buildinQ code. Appeals shallbEifiled in the City ~dministration offices bv the deadline. An appeals shall include the applicable appeal fee or deposit as applicable. Failure to strictlv cor11iliV with the applicable appeal reauirements.incllJdinq butilot limited to, time for filiriQ and pavmenfof the applicable appear fee. if any. shall. bea iurisdictional defect' and shall subiect the appeal to summary dismissal in' accordance with subsection (2) 'of this section. When the' specific applicable code does not contain an appealtimeframe.the time to, appeal a C1ecisionJIincludinq,aClministratlve penaltvhorinterpretation shall,beJ,15 C1avs. unless an order to vacate has beerip~osted. in wl1ich case it shall be within 10 days. The board of appeals mavcharqe an unsuccessful Page 42 of 55 appellant the cost of the appeal. includinQ the cost of a hearina officer, if the board makes findinQs that the appeal is frivolous and either finds aqainst the appellant after ahearinq or dismisses the appeal. FailurelO pay the. costs within 60 da'lsI6f receipfof said billinQ shall result ina.lien on theappellant'spropertVl B. Schedulina.' The buildinqofficialshall schedule a meetinQ of the board. within 30workinQ da'lsofthe filinQ of the appeal. The board of appeals shall determine'aftl1is meetinawhether to"arant a;tiearinQ or. (jismiss the appeal. The appeal shall be dismissed if the board finds that the appeal does not meet the criteria ill subsection (1) of this section.' If the appeal is dismissed. the buildinq offiCial's decision. is final. "The hearinQ shall "lie tield as soon as reasonable, after the board meetinQ. The decision and findinqs shallbe mailed:to all persons who appeared before the BoardJ iThe Administrator of the State BuildinQ Codes Division shalLbe furnished copies of decisions interpretinQ state'buildinQcode;reQuirements! ~Eq:nQN2f; ..,-f\'Section15:0:.j.';230 ['Yi6Iatioh"Penalty]:'is heretJ-0'amended,t0 read as follows: U 04 230 \I' If" P Ie . '.' .10 a lon, ena y, It sllaU be unla.....ful tor any person, firm or Gorporation to er~ct; construGt) ~nlarge; alter,repair, move,improve; remoye, convert or demolish, equip) ~se, eccuflY or maintain any.building or structureJn the City or ~ause the I ;. . . .L.t . ... .' '. . ., same"tobe done contrary .to.or in '.'iolation of any.of the ~isions of this title! ~ny flerson, 'firm or corfloration violating any of ~he flro'/isions of this titlE! I .. '.' ...... .' .... .. ',. , shall,be c:leemed 9liilty of ,af!" offe.nse and each su.c~flerson!lhall b~ ~eem(!d guilty ofIsEiflarateoJf~Rse on~a~~ ande'J:~iy day or.flortion the~ ~uring1i..hich any '.;iolationo(any of thepro\'isio~s' of this or~linance ill , . . .' . . . . . , . .' f' .--- Gommltted, continue or Ilemutted and uflon conviction 0 any SUCR. ~iolation such flerson shallJle flunished as prescribed in Section 1.08.020! ~ECTlON:22..A SeCtion 15.04';260 ['Yiolation-'PenaltYh is hereby added to read as follows: ;15,04;260" Violation;! Adniillistrative'PenIDtV ~.. ,'It shall be unlawful for any person. firm or corporation to erect! construct. enlarqe. alter. repair. moye,Jmprove. remove. convert or. (jemolish. eQuip,use. OCCUpy ormailltainany buildinQ or str:uCtureinJhe , ...:><.:r.....'. ..........._...........:.. .:........;.-._.~.../-._.:.......::.... .... ....,....,....:.... ........-:j........_.. .,.....i......,. ....-. ': """',:1 City or"cause the' same to be done cOlltrary to or.in.violation of any of the provisions of this title! Page 43 of 55 B!llIIl11iJll1e'lB'ui lainai0fficial!railCllt1is/herlaesiQn;ee~isfspecificallvlauthor.ize~d iOJimposeIci'TciWillpenaliVI"forlanYAViolatioi'lfOfHIle'IBuiraii'iQTe1>cle'!lii'iCliTcliiiQ anlor.C1ei'lOflfIle'lB1iilaii'iQT0'"fficialltorreme'ClvrsucliWiorati~1ili"eTCivilIPenaliV sliillTl)eISef'M.e{lTi~I\IO'ficeJanClr0roer;rlmp"d"sii\"dltIle'r0ivillp.enariV~fcmtlie violati6ii!ii11lierr;IO'ficet'Sllalf: ~,. -aescr.illeltheTaIIWeClIViolatiO'm!lii'iClUc.tiilQla'n,yJr.ele:ifantfc'odel"pr.o.visiOri' iii7iiil,ers"!(0r.cfin'anceTnum l5ers!:orlcitli'e'iilioeii'Hfieil1referen'ces'''an"d 2, IiStatelthatnhe10itvTof/ASlilin"(flint'eilClSitoi<fsselfsJaTcivilrlien'altyhfOr':th"'e viCilationfafiafStateSrtlleJamountlOfHliefCivillP'enaltv;ianCi (3. Staterthatnhelpaj;tvlitfayrchallen'Qeltl1"elci~ilrpenalfV]bVlfi linQ,anln<>tice oflappealrtO'tiIle'lBiiiloinmal'ia'r'al'Ofl,<<ppealS'lWitliii'ifl'SlCIaYSlofr5"e'i\Vlcel'Oflflie I\lOii~viaealiilT~MelenaPterI1T5! e. i1iheTCiviIIPeiialtYf"mayln'otfexcee'dithel'maxiiTfumrcivilipenaltYlam'ount am~izeaIforlanreQuivalifritfspe'cialtvlcoClelViolationlunClerr0R~SY45S18g51 Si'i6ie'Cf(fO'1tlle'llimitatiOii"S1j'iiHnerASlilai'iCl[l:mVI0h"1mer".ll:nYAPer.son~fi'i1'i'i1'Oi7 cor.porlifiOrilViolatiilciTai1VTclfHhetprovisionstc:lfHliiSHifleTsllalllt>e'Tcleemea QiifltWflai'i'fc)ffenseTciilClrea'Ch"'lSU'ChIPers'onTsllalll6eTcleemealQi'iiltWf separateloffenseTonleacfi'rail"a[ever.vTdaVlor4Por.fiOriHfier.e'0fl(Ijj!;Iii'atW~ 3'ii'Y1ViolifiOrll'Ofra-n'yTdfHfielPr.ovisibnsTofHliiS1'O'r.ClinancelislcommitteCl! confi nuelorlperm itteaTai'i"aiu ponlconvicfiOi'i'rc:)fla nyls uclitViolatiO'i'i1li1iti'eJcivi I P"eiiiilties1'i)'FO'Viaeall1e'i:eiiifii'Fe'iimaaa itioii1iOra'iiafriOtlinflleITrofliiii'VT6fner. reme-dYIfO'ileiiforcementraV'iili6IettO"nIle'r0iiVJii'iCli'iaiiiCl16i:itfnotllii'iiiieano incr.e'as'edrpermiil"5l1finvestiQatiV'elfe"eS!iniiJn"Cflve,re-UeffOrlanYlotti'erJremeClV! SECTION 23 A new AMC Chapter 2.29, [Public Art], is hereby added from deleted I moved sections of revised Chapter 2.17 to read as follows: 2.29 Public Art. 2.29.005 Definitions A. "Acquisition" means the inclusion of an artwork in the Ashland Public Art Collection by any means includinQ direct purchase. commission or acceptance of a Qift. B. "Artwork" means visual works of public art as defined herein. C. "Ashland Public Art Collection" means all public art acquired by the City by any means. Page 44 of 55 D. "Capital improvement prOQram ICIPI" means the city's prOQram for advance planninQ of capital improvements. E. "City proiect" or "proiect" means any capital improvement project in an amount over $25.000 paid for wholly or in part by the city of Ashland to purchase or construct any public buildinQ. decorative or commemorative public structure. sidewalk. or multi-use pathway construction, park facility construction. or any portion thereof. within the limits of the city of Ashland. "City proiect" or "proiect" does not include public utility improvements. le.Q. electric. water. sewer. or stormwaterl. LID improvements. including but not limited to streets. sidewalks and associated improvements. property acquisition. earth work. emerQency work, minor alterations. rehabilitation. minor or partial replacement. remodelinQ or ordinary repair or maintenance necessary to preserve a facility. NotwithstandinQ the above limitation. the Council or responsible contractinQ officer may include any new city street or utility proiect (limited to water. sewer and storm water proiectsl in an amount over $25.000 as a city proiect under this article. by either vote of the Councilor inclusion in the contract solicitation documents prepared by the responsible contractinQ officer. F. "Commission" means the Ashland Public Arts Commission created by AMC 2.17.010. consistinQ of seven members appointed by the mayor and confirmed by the Council. G. "EIiQible funds" means a source of funds for projects from which art is not precluded as an obiect of expenditure. H. "ParticipatinQ department" means the department that is subiect to this article by its sponsorship of a city proiect. I. "Percent for art" means the prOQram established by this article to set aside a perceritaQe of the total cost of city proiects for public art. J. "Public art" means all forms of oriQinal works of art in any media that has been planned and executed with the specified intention of beinQ sited or staQed on City Property or on property owned or controlled by the City of Ashland. usually outside and accessible to the public. 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. Page 45 of 55 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 Precess 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. B. Selection Panel. A selection panel. separate from the Public Art Commission. consistinq of art professionals and enthusiasts, residents near the proposed site, community members. and city administrators will be chosen to evaluate the proposals received from artists. A different selection panel shall be chosen for each Page 46 of 55 proiect bv the Commission after the followinQ notifications have been made: 1. An ad is placed in a newspaper of qeneral 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 bvexamininQ applications received from interested parties. C. Evaluation of Acquisition Proposals. Proposals which meet the minimum requirements set forth in the call for entries will be Qiven to the Selection Panel for review. The proposals for acquisition shall be evaluated based upon criteria set forth in the call for entries at a public meetinQ. The Selection Panel will evaluate the proposals and make a recommendation to the Public Art Commission reQardinQ 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 required for the use or structure. D. Removal and Disposal Process. Except as provided in AMC 2.29.14018\. neither the Council nor the Commission is bound to follow any particular process for removal and disposal of art in the Ashland Public Art Collection. 2.29.110 Review process for Qifts or donations The Commission may solicit Qifts and bequests of public art or funds to benefit the Ashland Public Art Collection. The Council shall decide whether to accept all such Qifts of art work on behalf of the city and the Ashland Public Art Collection on its own motion or upon a recommendation bv the Commission based on its own evaluation. or bv recommendation of the Commission after the Selection Panel has evaluated the artwork usinQ the Quidelines in AMC 2.29.130 and the total cost over the life of the artwork. All art works or funds shall be administered bv the city in accordance with its terms. Funds donated to the Commission shall be placed in a special account to be used exclusivelv for the purposes of the Commission or as designated bv the donor. Funds in this account may onlv be expended after they have been properlv budQeted or approved bv the city. Page 47 of 55 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 bv 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 bv the Commission . A. Selection Guidelines for Works of Public Art. 1. Qualitv. The artwork should be of exceptional Quality and endurinQ value. 2. Site. The artwork should enhance the existinq character of the site bv 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 Durabilitv. The durabilitv and cost to maintain the artwork should be considered and Quantified. particularlv if the work is servicinQ, repaintinQ. repairinQ or replacement of movinQ parts. 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. Page 48 of 55 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 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. Page 49 of 55 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 express Iv 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 10nQ 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 siQnificantly altered. b. The artwork is found to be forQed or counterfeit. c. The artwork possesses substantial demonstrated faults of desiQn or workmanship. d. The artwork causes excessive or unreasonable maintenance. e. The artwork is damaQed irreparablv. or so severelv that repair is impractical. Page 50 of 55 f. The artwork presents a physical threat to public safety. Q. The artwork is rarelv displaved. 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 previouslv accepted into the Ashland Public Art Collection in their sole discretion. b. Acceptance or placement of donated art bv the city does not Quarantee continuous public displav of the artWork reqardless of phvsical inteQritv. identity. authenticity. or phvsical condition of the site. c. Removal officiallv deletes the work from the city of Ashland Public Art Collection bva relinquishment of title to the artwork: thus. eliminatinQ the city's obliQation to maintain and preserve the artwork. d. NotwithstandinQ 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 citv mav 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 bv city ordinance. 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. Page 51 of 55 1. The Commission may also recommend artworks be borrowed. 2. With the exception of ownership, the eliQibilitv. 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 displav inside its facilities. 2.29.150 Maintenance of the Ashland Public Art Collection A. Except where expresslv 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. Anv evidence of damaQe. deterioration, vandalism or theft of artworks in the Ashland Public Art Collection shall be immediatelv 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. 2.29.170 Development of Quidelines The Commission shall have the abilitv to establish further Quidelines concerninq its operations; however. onlv the criteria and processes of this ordinance will be leqallv bindinq. Page 52 of 55 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 solelv 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 solelv 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. Anv city official or emplovee 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 proiect 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 proiect shall be dedicated to the public art account. Such funds shall be deposited into the public art account bv the city official or emplovee 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 proiect. 2. The participatinQ department shall consider the sitinQ of public art as part of the desiQn and enQineerinQ phase of any city proiect. If costs are incurred bv the participatinQ department to complv with this article requirement prior to transfer of the one-half percent (.5%) dedication for the city 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. Page 53 of 55 D. Restricted Funds. If fundinQ fora particular city proiect is subiect to leQal restrictions that preclude public art as an obiect for expenditure. the portion of the city proiect that is funded with the restricted funds shall be exempt from the dedication requirements of this article. E. Phased Proiects. As a Qeneral rule, where a city proiect 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 proiect 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 bv the Administrative Services Director (Finance) or is required bv 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 bv the Council. H. Disbursements from the public art account shall be made onlv after authorization of the City Administrator or the Administrative Services Director (Finance). and shall be made accordinQ to this article and other applicable citv ordinances. includinQ but not limited to the public contractinQ code (AMC Chapter 2.50). I. The Council may adopt bv 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 availabilitv of public funds. as well as any other matters not specificallv addressed herein and appropriate or necessary to the administration of the prOQram. SECTION 24. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, Page 54 of 55 paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 25. 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, 16- 19, 24 and 25) 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 , 2010, and duly PASSED and ADOPTED this day of ,2010. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2010. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney , Page 55 of 55