HomeMy WebLinkAbout2011-0118 Council Mtg PACKET
CITY OF
ASHLAND
Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit wrinen comments
10 the Council on any item on the Agenda, unless il is the subject of II public hearing and the record is closed. Time permining, the Presiding Officer
may allow oralleslimony. If you wish to speak, please fill out the Speaker Request form located near the entrance 10 the Council Chambers. The chair
will recognize you and inform you as to the amount of lime alloned 10 you, if any. The time granted will be dependenl to some extent on the nature of .
the item under discussion, the number of people who wish 10 speak, and the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
January 18, 2011
Council Chambers
1175 E. Main Street
Note: Items on the Agenda not considered due to time constraints are automatically continued to
the next regularly scheduled Council meeting [AMC 2.04.030.E.]
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
[5 minutes]
1. Regular Meeting of January 4, 2011
VI. SPECIAL PRESENTATIONS & AWARDS
1. Presentation regarding the results of the Ashland Creek Ecoli and Fecal
Coliform Study [20 Minutes]
VII. CONSENT AGENDA [5 minutes]
1. Will Council accept the Minutes of the Boards, Commissions and
Committees?
2. Will Council approve the 2011 Council liaison appointments to City boards
and commissions, to be effective immediately?
3. Should Council approve a resolution to adjust budget appropriations for
changes in operational expenses to remain in compliance with Oregon
Budget Law?
4. Should Council approve a legal services contract with Douglas McGeary that
could exceed $50,000?
5. Does Council wish to set a public hearing for February 15, 2011 for the
review of a Development Agreement and call-up for review the Planning
Commission's decision to approve planning action 2010-1239 - A
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VISIT THE CITY OF ,\SIII..\ NIJ'S WEll SITI. /\T WWW...\SHIANIJ.()IU 's
Comprehensive Plan Map Amendment, Zone Change and Site design
Review to construct a 10,632 square foot building at 85 Winburn Way?
6. Will Council adopt a resolution supporting the application for a Safe Routes to
School Grant in the amount of $300,000?
7. Should Council approve a telecommunication franchise for LS Networks?
VIII. PUBLIC HEARINGS (persons wishing to speak are to submit a "speaker request
form" prior to the commencement of the public hearing. All hearings must
conclude by 9:00 p.m., be continued to a subsequent meeiing, or be extended to
9:30 p.m. by a two-thirds vote of council {AMC 92.04.050})
None
IX. 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] Please note: Comments or questions from the pubtic that are of a defamatory
nature, such as statements directed at individual Councilors' character. intentions, etc., are out of
order because they interfere with the work of the Council. The Councit will not answer questions
posed during pubtic forum but may direct staff to answer such questions later.
X. UNFINISHED BUSINESS
1. Does Council have questions for the consultant team of Kittelson and
Associates, Inc. regarding the status of the Transportation System Plan? [30
Minutes]
2. Does Council have additional direction about the proposed business license
ordinance prior to first reading? [30 Minutes]
XI. NEW AND MISCELLANEOUS BUSINESS
1. Which Council members will be appointed to screen applications for the City
Attorney position? [5 Minutes]
XII. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Will Council approve Second Reading of an ordinance titled, "An Ordinance
Relating to Creation of a Firewise Commission"? [5 Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title t).
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A~HLANU L'/H LVUNUL MLLJJNli
January 4, 2011
Page I of II
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
January 4, 201 I
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Slromberg called the meeting to order at 7:00 p.m. in Ihe Civic CenterCouncil Chambers.
ROLL CALL
Councilor Voisin, Morris, Lemhouse, Slattery, Silbiger, and Chapman were present.
STATE OF THE CITY ADDRESS BY MAYOR STROMBERG
-Please see page 5 for complete speech-
Mayor Slromberg presented the State of Ihe Cily address where he described how Federal, Nalional, Slate and
regional factors affected the City. He divided City activiliesinto three categories, On-going services, Special Projects
and Work to be Done, and addressed each one individually
He commented on why he considered Ihe following City Council goals for 2009-20] I important:
. The Water Plan
. The Economic Deve]opmenl Strategy
. Slormwater and Waslewaler Plans
. Transportalion Syslem and Land Use Plan
. Dealing with Ashland's Homeless Situalion in a Comprehensive Way
. Improving the predictability and efficiency of llie land use, building code and fire code permitting and
approval process
. Financial Sustainability of City govemmenl
. Promoling Volunteerism
. The Ashland Foresl Resiliency (AFR) Project
He felt four pieces were missing from the Council Goa]s. One was formulating an energy plan thai addressed climate
change. The second was publicizing sustainabilily activiliesinlo a Sustainability Policy. The third would ensure lhat
food securily and localizationappropriale 10 a municipa]ilyreceived more support from Ihe Cily and the community.
The final piece would encourage efforts to develop a regional financial infrastructure 10 connect local capital with
local investment needs and regenerate an economic infrastructure for the unemployed.
Mayor Stromberg proposed Ashland's qualily of life was a principal asset that could carry community through
changes that might defeat other cities. Quality of life should encompass a stale of connectedness in Ashland Ihat
inspired visilor's 10 form creative ideas about transforming lheirown communities. A companion 10 'qualilyoflife'
was 'quality of communily' using a definition that took care of ils members while providing an envirorunenl where
their lalenls and creativitycou]d flourish.
He believed whal he described in the address was an opportunity for 20] ] and beyond, and invited everyone to make
Ashland a town thai increasingly creales its own future.
ELECTION OF COUNCIL CHAIR
Councilor Voisin withdrew her earlier request for Council Chair and supported Councilor Lemhouse as the new
Council Chair. Councilor Lemhouse appreciated Councilor Voisin's slalement and expressed his interesl in serving
as Council Chair.
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Councilor ChapmanJSlattery m1s to appoint Councilor Lemhouse as Council Chair for 2011. Voice Vote: all
A YES. Motion passed.
MAYOR'S ANNOUNCEMENTS
City Recorder Barbara Christensen announced vacancies on the Public Arts Commission, Planning Commission,
Housing Commission, and the Historic Commission
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Executive Session of December 21,2010 and Regular Meeting of December 21,2010 were
approved as presented.
SPECIAL PRESENTATIONS & AWARDS
The Mayor's Proclamalion ofJanuary 8, 20 II as Christmas Tree Recycle Day in AsWand was read aloud.
CONSENT AGENDA
1. Will Council accept the Minutes of the Boards, Commissions and Committees?
2. Will Council, acting as the Local Contract Review Board, approve the award of a contract to De V ore
Electric and Construction in the amount of $130,822.60 to construct the Laurel Street Sidewalk
Improvement Project No. 2006-18?
3. Will Council, acting as the Local Contract Review Board, approve the award of a public contract to
Tristar Risk Management for Worker's Compensation Third Party Administration?
4. Will Council reclassify Kate Jackson's Ashland Water Advisory Committee appointment from City
Council Member to Member "at-large"?
Councilor SilbigerNoisin m1s to approye Consent Agenda items. Voice Vote: all A YES. Motion passed
PUBLIC HEARINGS (None)
PUBLIC FORUM
Joaquin Saloma/OOO Reindeer Lane/Encouraged everyone 10 support diversity and to recognize and treat all people
with respect He went on to express his fruslration regarding the Council's previousdecision not 10 lif1lhe camping
ban ordinance.
Daniel Rueff/535 Oak Street!Expressed his concern aboul deporting AsWand homeless to Medford and explained
Ihere were people camping up in the woods afraid of being ciled by the Police for camping.
Jim McGinnis/629 Altamont/Explained he was Ihe Chair of lhe.Conservation Commission and shared Ihe
Conservation Commission's efforts 10 creale Suslainabilily Planning. He read lhe Commission's definition of
Suslainability Planning and eXplained the conservalion goal the Commission crealed for Ihe Council 10 consider
during Iheir goal selling session
UNFINISHED BUSINESS (None)
NEW AND MISCELLANEOUS BUSINESS
I Will Council accept an Oregon Department of Transportation Connect Oregon ill matching grantforthe
Airport Improvement Project-Runway Rehabilitation and Precision Approach Path Indicator light
installation in the amount of $9,769.00?
Engineering Services Manager Jim Olson explained Ihe projects funding mechanism separated Ihe engineering and
construction portions. The standard Federal A vialion Adminislralion (FAA) grant for airport improvemenl projects
was 95%, requiring the City 10 provide Ihe remaining 5% match The grant covered preliminary engineering already
completed forthe projecl and approved by Ihe FAA. He noted a correction 10 the grant that the project start and fmish
dates were June 22, 2010 starting d~le and June 30, 2011 as Ihe completion date instead of2009 and 2010. He went
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January 4, 2011
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on 10 confirm an Engineering Consullanl would provide construclion adminislralion and inspection services during
lhe project
Councilor Chapman/Silbiger mls to approve tbe ODOT Connect Oregon III grant agreement to cover tbe
required 5% matcb for tbe airport improvement project in tbe amount $9,769.00.
Roll Call Vote: Councilor Silbiger, Cbapman, Voisin, Morris, Lembouse and Slattery, YES. Motion passed.
ORDINANCES. RESOLUTIONS AND CONTRACTS
I. Sball Council adopt a resolution creating tbe AFN Executive Advisory Board? If approved, whicb two
Council members does Council name to serve on tbe board until its dissolution?
IT Direclor Rob Lloyd explained Ihe resolution was part oflhe slrategic business planning process for Ashland Fiber
Nelwork (AFN). Staff created a board 10 assist Council with decisions on the execution oflhe plan as well as the
final decision on what happens with AFN December 20] 2 when Ihe board would dissolve. Members ofthe advisory
board would include two Councilors, Ihree executives, one at large member from the commlillity and one
representative from AFN's vendors. Mr. Lloyd would serve as an ex-officio member along with an additional staff
member designated by the City Administralor. Meetings would occur at leasllwice a year.
Councilor Silbiger and Councilor Chapman indicated inlerest in participating on Ihe board.
Councilor Lembouse/Slattery mls to adopt Resolution #2011-0] and furtber moved tbat Councilor Silbiger
and Councilor Cbapman serve on tbe AFN Board until its planned dissolution in December 2012. Roll Call
Vote: Councilor Voisin, Slattery, Lembouse, Morris, Silbiger and Cbapman, YES. Motion passed.
2. Will Council approve First Reading of an ordinance titled, "An Ordinance Relating to Creation of a
Firewise Commission" and move tbe ordinance on to second reading?
Fire Cbief John Karns eXplained his goal to improve public educalion and participalion regarding fire safety and
preparedness using the Firewise Commlillities program. It was a citizen-based program supported by the Fire
Departmeni 10 guide commlillilies towards fire safety and preparedness. A requiremeni of the program was
establishing a cilizen board 10 ensure ongoing efforts of wildfire mitigation
Firewise Commlillities Coordinator AIi True explained lhere was no COSl 10 Ihe property owner. Firewise
Commlillilies encouraged participation and action on the part of the homeowner and working in Ihe commlillily 10
achieve fire proleclion There were grants to assist homeowners wilh fuels reduclion. Part of Ihe program required a
$2 per capila expenditure where slaff and vollillleer time went towards Ihe per capila expenditure.
ChiefKaffis confirmed Ihe crealion of the board was a componenl of achieving lhe FirewiseCommlillilies program,
the firsl was Ihe assessment. However, il was nol a requiremeni ofFirewiselo be an aclual commission, just a cilizen
board.
Ms. True explained Ihe sleps involved to implement the program and noled part of Ihe assessment was having lhe
citizen board work with commlillily members 10 educale and share information The board would have geographical
representation wilh lhe expectalion the members work wilh lheir neighborhoods.
Chief Karns explained establishing a commissioninslead of a board sent the messagelhere was more a performan:e
expectation A commission would also help attain sustainability with the program.
Ms. True further explained the program could function on its own with the long-term support oflhe commissionand
did nol necessarily require a Firewise Coordinalor.
Neil Benson/363 North Laurel Street/Shared he was retired from the US Forest Service and currenlly a coordinalor
for Jackson/Josephine Counly Commlillily Wildfire Protection Plans. He commenied on the cultural shift Ihat
occurred during the 35 years he has worked and lived in the area. He saw the Commission as an important step in the
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cultural change for Ihe public 10 learn to live wilh wildfire better. He urged Council 10 approve the commission and
Ihoughl il sent a message to the commlDlity that the City was providing leadership on the issue.
Brian Ballou/Oregon Department of Forestry/5286 Table Rock Road, Central Point/Explained the Departmenl
of Forestry fighls fire on 1.8 million acres. He noled Ihere was a reduclion in loss from fires because of efforts made
by people who live in the fire prone areas. Fuels reduction around the homes in lhe September 2009 fire prevented il
from becoming a widespread disaster. The Oak Knoll fire of2010 was a different problem that Firewisecould help
address. He strongly supported Ihe Firewise CommlDlities Program and encouraged Council to back this type of
project.
Council was hesilant about adding a new commission but unanimously supported establishing lhe Firewise
Commission
Councilor VoisinlLembouse mls to approve the ordinance creating a Firewise Commission for first reading
and place on agenda for second reading. Roll Call Vote: Councilor Cbapman, Morris, Voisin, Slattery,
Lembouse and Silbiger, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERSiREPORTS FROM COUNCIL LIAISONS
ADJOURNMENT
Meeting was adjourned at 8:40 p.m.
Barbara Chrislensen, Cily Recorder
John Slromberg, Mayor
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City of Ashland - Mayor's State of the City Address - Jan. 4, 2011
Introduction
The Slale oflhe City (by which I mean bolh Cily governmenl and Ihe commtmily of Ashland) is that Ihe City Council
and Cily Adminislrator, on the one hand, and the cOmmtmily onlhe olher, have set Ashland on a good path for
dealing with major changes that may affect il in lhe future. The next step is for the two to become more aware of
what each olher is doing and the cOlmections between Iheir Iwo efforts. The purpose of this address to is elaborate
that proposition
Before I discuss Ihe work ahead, I want 10 discuss the Federal, Slale, and regional context I also want 10 discuss want
Ihe importance of cily services in our day-to-<lay lives, followed by Ihe Cily's work thai is already underway, and
conclude wilh Ihe work Ihe Cily needs to take up in 2011 to secure our commtmity's heal1h.
External Factors
FederallNatioDaI
In a certain sense whal's happening on the national scene dwarfs evenls in Ashland and, 10 my way of thinking, Ihe
news is nol good. I believe the greatest danger to our society is Ihat individual cilizens become so discouraged by
aclions at this levellhat Ihey despair, become cynical and give up on Ihe concepl of our democracy. I propose inslead
lhal we revitalize and evolve government at the local level, which is where we all have the greatest opportunily to
influence it.
Three examples are sufficienl to convey whal I mean: Ihe Supreme Court decision 10 allow unlimited anonymous
campaign spending by corporations and other organizalions, the Federal Reserve's program to buy back large amounts
of Treasuries, and Ihe growth ofwhal mighl be called a 'nalional securily stale'.
The firsl seriously raises the question ofwhelher we still have a democralicelecloral process. The second is admitted
experimenlation wilh the fragile economy. And the third, 10 Ihe exlenl we're aware of it, does away with the most
fundamental rights for which the founding fathers fought, in the name of prolecting our way oflife from terrorism. I
Ihink it's legilimaleto wonder if the current form of American democracyis functional at the scale of a nation of340
million people.
And yet, especially in Oregon, we have excellent people in our Congressional delegalion who can moderate Ihe
behavior'of the Federal governmenllo our benefil on the local leveL And because Oregon is so small, relatively
speaking (nol much larger than the combined populalion ofthe original thirteen colonies), we can have direct person-
to-person interactions with these individuals. This is a genuine advantage in producing positive effects 'on the ground'
because they can, and already have, supported and complimenled our efforts in Ashland.
State of Orel!on
The Iwo principal faclors here are projections of multi-billion dollar deficilS for Slale governmenl for lhe coming
decade, and perSiSlenl high levels of unemployment, especially in our region In-coming Governor Kitzhaber's
assertion Ihat Ihis is our lasl real chance to reshape Stale government and we'd better gel il righi, makes sense.
Paradoxically, the 50/50 split of lhe Slate Assembly may improve Ihe chances of achieving lhe Governor's goaL
Again we have excellent elected officials with whom to work and my hope is that our leaders will act as Oregonian's
firsl and members of their particular parties second. And our ability 10 communicate with these officials is even better
than wilh our Federal ones.
In terms of funding culs, the most likely targets are public safety, including Ihe prison system, and education. The
effects of slCh cuts on AsWand would be both direct and indirect bul definitely significanl, as we will see when we
tackle lhe homeless issue laler this month.
At Ihe same lime, Ihe Governor has implied actual reslructuring of Slate government and also seeking waivers from
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January 4, 2011
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Ihe Federal governmenl with respect 10 health care. I suspecl there may be bi-partisan support for this approach and
perhaps il will free up more resources for local government plus set a precedent for expanded waiver-gran ling by bolh
Ihe Feds and Ihe Slale govenrnenl in other areas as well (Ioosered constraints on transportation funds is a possible
example).
Rel!ionallCountv
With the eleclion of two new members of tre County Commission, ii's time for tre Cily of AsWand 10 increase our
efforts to build a strong working relationship with Jackson County with other cilies in Ihe Rogue Valley including
Grants Pass, in order to better commlD1icate AsWand's perspective on issues important 10 Ihe COmmlD1ily and 10
discover ways in which we can contribule more to the well-being of the region.
Issues likely 10 come up in the following year include:
- Regional Problem-Solving - will the Counly correct Ashland's official growlh rale?
- Various attempts to shift costs from the County to the City, for example responsibility for County roads wilhin
Ihe City limils.
- Centralization of County services in Medford (relevant to the homelessness issue).
- Creation offormal and informal agreements between the County and City regarding the City/County interface,
for example fire prevenlion measures, land use regulalions, etc.
- Food security and localization of food production.
Local
I want to ~oinl oul a paradox in Ashland's economy...
- On the one hand, compared 10 some of the retail centers in olher cities, Ashland's downtown and shopping centers
are remarkably healthy. We have a relatively low vacancy rate and AsWand's vilalily through the downlurn has
increased, with OSF, Ihe meals tax, Ihe room tax and some retail businesses experiencing significanl growlh.
Why is AsWand's visitor economy thriving in unsettled times? It may be Ihal Ashland ilselfis bolh a refuge and a
reassuring example of what a town, and commtmity, can be. Our well-known "qualilV of life" mav be somelhing
more significant than simolv 'amenities'; perhaps ii's an expression of the basic values Ihat make daily life worthwhile.
Coupled wilh a growing sense of the importance of commtmily shared among our citizens, we may have the
beginning of a lown identity thai can survive whalever changes the entire counlry may go lhrough in Ihe coming
years. (More on Ihis laler...)
- On Ihe olher hand, Ihere are jndicalors of significanl economic suffering: for example, Ihe number of households
served by Ihe Ashland Emergency Food Bank in 2010 was 25% greaterthan in 2009 and 64% grealerlhan in 2008.
(The total amoWlI of food distributed was 247,000 pounds.) This is evidence thai many more people are unable 10
meet all Iheir basic survival cosls, which in turn is relevant to Ihe issue of homelessness in our commWlily,
particularly if we wanllo prevent people from becoming homeless. 11 is very important 10 Ihe well-being of everyone
in AsWand Ihal our fellow citizens nol fall into homeIessness.
- As is happening wilh many inslilutions of higher education, SOU has had a major increase in enrollment. This is a
mixed blessing in Ihat it means increased revenues but also increased loads on both faculty and staff that have already
taken pay cuts - and it means increased economic pressure on Universitysludents as they try 10 come up' with ways 10
meelliving costs and additional academic costs as well.
Wbat the City does for the community
After two years in Ihe Mayor's job I've become convinced thai being conscious of what the Citv does is an essential
step forward in the commtmity's development.
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On-l!oinl! services
We are so habiluated 10 Ihe abundance of services we as a community acquire through lhe vehicle ofCily govemmenl
Ihat we mainly notice Ihem when Ihey don'l function properly, and lhen we tend 10 be oUlraged In my opinion lhis is
exactly Ihe opposite of the relalionship and attitude we need in order 10 carry us Ihrough whalever changes are
coming. 11 is a somewhat analogous 10 lhe way children tend to take their parents for granted except that Citv
government is nol our parents. it is a colleclivebuving and service-providing organizalion that we created inherited_
own and manage and we depend on it to provide the supporting structure for our lives.
To wake up to Ihe importance oflhe City's on-going services imagine, for each one, what it would be like for thai
service to stop tomorrow morning. For example...
- Electricity: no lights, no heal, no hot water, no compulers or television or cell phones, no cooking,... Yes, other
cilies get their electricity from privale companies or separate utilities but the point is lhal one of the things we go in
togelher on is eleclricityand in Ashland it is provided by our Eleclric Department.
- Sewage (wastewater system): this one is even more shocking if you imagine il suddenly not being part of what we
expect to have every day. But, in fact, it's only Ihere because of a dozen highly skilled people who do whalever it
lakes to keep the service going.
- Water: I won't elaborale for every service but imagine of every single one of us, wilhoul this service. Yes, we'd
buy bottled waler al Ihe slore and arrange 10 truck in emergency supplies bul Ihat always-available, pure, clean,
reliable flow from multiple taps is a Ireasure on which we rarely focus our attenlion.
Again, a small group of skilled workers sees 10 it Ihat ii's available 10 24 hours a day. This includes maintaining the
miles of piping throughoullhe cilY, balancing pressure in Ihe syslem so Ihat il'forces water OUllhrough whatever leaks
exiSl ralher than letting contaminalion in. 11 also includes making sure there is waler to Ihe fire mains, especially
when a big fire occurs, and taking care of the walershed (hmm, does this relale 10 lhe homeless iSSlr and precisely
how when we and the Forest Service don'l really have Ihe person-power available 10 police all 8,000 acres all the
lime? Also, why are we using drinking water for irrigating landscaping, washing dishes, fighling fires, etc.?)
I'll simply list the rest to trigger your imagination:
Police services - how do so few individuals cover so many aspecls of police work, which isn't jusl 'fighting
crime'?
Fire-fighting, prevention and emergency preparedness service - a dramatically important function, as we're
becoming increasingly aware.
Street maintenance
Stormwater management
Planning and building permits and inspections
AFN broadband services
Administrative support, including financial management
City Recorder - alllhe official accounlabilily and docwnenlation; Plus managing much oflhe Cily's inveSlmenls
(did you know that?)
Municipal Court - that allows us 10 enforce the City's own laws in a way thai fils our community's character and
values
The Council, Mayor, City Administrator and Department Heads - essenlially the executive team Ihat sets and
execules direction for Ihe whole organization
One more thing: ifin hearing or reading the above you wake UplO a new apprecialionand interesl in the supposedly
mundane service-providing aClivities of Cily governmenl then you might wonder, "How do we determine Ihe way
Ihev affect our special Qualitv oflife lhal was menlioned previously? And'how do we make sure we're getting what
we reallywanl and need in lhe way we need il?" (Read on...)
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Proiects that chanl!e or develop the orl!anization
Defining these projects and prioritizing them in relation<;hip to the Cily's capacity to deliver, is the work of the
CounciL The lisl below includes what I consider the most important oflhe previous Council's goals as originally sel
in April of2009. Council goal selling occurs now in January in order to guide the development Oflne Cily budget.
The Budget process itself is a modified 'zero-based' approach: Department Heads are charged wilh presenting a
budget based on the previous year's figures. Ifthere are expected cost increases this requires choosing what to include
and what 10 propose as a budgel increase (nol a calegory with a high rate of success Ihese days). But Department
Heads aren't free 10 choose; Ihev must use a set ofprioritiesl!eneraled from Council values, also eSlablished in 2009.
The process is a work in progress: Ihe linkage between values and priorities is being strenglhened and the priorities
themselves are being refined. A nexl slep is to develop observable 'measures' or 'indicalors' of the delivery of services
and the achievement of goals.
Notice that Ihe framework being develooed aims at connecting Citv activities with our "qualilV of life'. This is
important (more laleL.)
The goal projecls are:
- The Water Plan: how 10 secure Ihe community's water supply for the future, taking into accounl climale change,
pOlenlial conservalion, redundancy, treatment plant vulnerability, alternale sources, an approprialerale slruclure and
amortizing mainlenance of the waler infrastructure to be affordable over time.
- The Economic Development Strategy: lhat builds on our existing slrenglhs, diversifies agaiffil seasonal lags and
generates family wage income in the conlexl of Ashland's cost ofliving (including housing).
- Storm water and Wastewater Plans to ensure the costs of both systems, in conjunclion wilh the drinking water
syslem, are affordable al all points in the future (so that the City doesn't gel caughl with infrastruclure costs the
community can't afford).
- Transportation System and Land Use Plan in my opinion this must be a lransportation plan Ihat is built around
public transit and alternative transportalions means (although personal vehicles will be part of any plan for the
foreseeable fUlure) - and such a plan has a land use counterpart because moving people efficieJ1ily around Ihe lown
'requires' Ihal many live close 10 Ihe transil route.
This is a very challenging task because convenlional wisdom says it isn't affordable to build such a syslem in a town
as small as OlTS. However I believe we reed to creale a spectrum of assumptions - about differeni means of public
transil including ones lhal don't exisl yel, fuel cosls lrnl may rise dramalically, possible subsidies and development
granls - so thai we alleasl have a plan for a lrue lransportalionsyslem oflhe future. This is Ihe only waywe will be
prepared to respond 10 major shifts in energy and envirorunenllhal bear on lransportation. We may jusl run busses or
jilneys or possibly get waivers from Federallransportation laws lhal increase Ihe cost of transportation syslems, or
privatize Ihe syslemu.bul we have to have a plan.
- Dealing with the town '.. homeless situation in a comprehensive way (I'm enhancing Ihe 2009 goal here and
guessing how lhe new Council mighl modify it - but it's clear the problem is much more complex than il is described
in lhe media or on the Commenis-Io-Council Lisl Servo And many entities, bolh public and private, have resources
and inleresls in ils many facels oflhis issue.)
Of the many, many facets of this eXlraordinarily complex topic with a one-word name two have surfaced as needing
allention: is it right forthe City to ban camping altogether if there are no available facililies withoul a place to sleep?
and, whal can we do about panhandlers who are verbally aggressive towards visilors, residents and workers in Ihe
Downtown area but manage to stay wilhin the Constitutional protection<; of the First Amendmenl? The Council is
pI arming to work on the issue in January and will be coordinating with other entilies thai have interests or
responsibililies with various facets thereof
AiiHLANU LlJY LUUNUL MJ:.f:JINU
January 4, 20 J J
Page 9 of J J
-Improving the predictability and efficiency of the land use, building code and fire code permitling and approval
process. This is something thai's easy 10 espouse during a political campaign bul has proven difficulllo deliver on.
The rool of the problem, I believe, is the ever-growing set of laws and regulations thai govern development. The Cily
creales lhem, as does lhe Slale and somelimes Federal government. They play an importanl role with respect 10
AsWand's qualilyoflife and economic resilieocy bul they have become so complex ii's very difficult for City siaff and
the Plarming Commission 10 apply Ihem in a clear, efficieni and prediclable way.
- Completing the Snowberry Creek affordable housing project on Clay Street. If you think about it, affordable
housing is an imoortanl 1001 in keeping people from becoming homeless.
- Financial sustainabilitv (not just "slability") of Ihe Cily government: Besides the infrastructure Masler Plans
described above, and the organizalional and persormel planning, we also have at least four big financial issues 10
grapple wilh: health care benefits, PERS, Ihe possibility of significant inflation as one manifeslaiion ofthe instabilily
of the world economy, and pOlential instability in financial markets and lherefore Ihe Cily's abilily to borrow to pay
for long-term projecls. (11 should be noled here that the Citv is currentlv carrying a backlog of more than $50 million
dollars worth of deferred capital proiecls.)
- Promoting volunteerism - this is how Ihe goal was expressed in 2009 but Ilhink Ihe Council and I have a much
richer and subslanlial vision of what this amOlmls 10 and its significance for the fulure of our community (see more in
the Some final thoughls seclion).
- The Ashland Forest Resiliency Project-I've lefllhis project for laSl because il has multiple dimensions: first it's a
state of the art effort to reduce fuels thai have built up in our watershed over many years due 10 fire suppression and
which increase the chances of cataslroj:hic wildfires. This project involves multiple siakeholders working together 10
achieve lhe overall fire managemeni goals while prolecling endangered species, old growlh forest, erosive soils, and
specialized scienlific research areas at the same time. It really is a working laboratory and is probably unique in ils
field because of the blend of expertise this comrmmity, including Ihe Forest Service itself, is able to bring to bear on
the project. Also we were able to tap significant slimulus funds for lhe project from the Federal government (wilh
excellent backing from our represenlalives in Congress).
At the same lime it is a very sensilive political/ecommic projecl because of compeling interests belween limber
companies and envirorunental organizalions over Ihe threal of wildfires being used as a justification for logging in
wilderness areas - so the more successful the AFR Ihe more, some envirorunenlalisls fear, it opens Ihe door for
logging Ihe wilderness.
The Work to be Done
The Council Goals just described were laid oul in early 2009 and I believe Ihey were and are comprehensive and
visionary. Allhe same lime, Ihere are some missing pieces Ihat now need 10 be added, they are:
- Formulale an explicit energy plan for Cily governmenllhat addresses issues of climale change.
- Publicize the multiple aClivitiescurrenlly underway in Cily governmenllo promole sustainability and amalgamale
them into an overall sustainabilitypolicy for Ihe Cily. As a commlDlity Ashland has been involved with susiainability
for decades. Let's take credit for whal we're doing and use it as an additional way 10 altract visitors and business to
our town?
- Ensure that those aspects of food security and localization appropriate to a municipality (markets, commlll1ity
gardens, special waterrates for food production, municipal composling, elc.) receive adequate support from both the
City and the commlll1ity.
- Encourage efforts to develop a regional financial infraslructure that will corm eel local capilal wilh local investmenl
needs.
ASHLANU Cln CUUNClL Mt.t.lJN0
January 4, 2011
Page 10 of II
Also encourage exchange between out of work bul potentiallyproduclive individuals and those who need whal they
can produce, i.e. regenerate an economic infrastruclure for lhe unemployed and the 'unprovisioned'. With roughly
13% unemployment in Jackson County, we are 'wasting' significant amounl5 of un produced goods and services every
day, lhal are lost forever.
Some Final Thoul!hts
There are Iwo main themes I'd like to higWighl before drawing this descriplion of the stale of the City to a close.
The first has 10 do wilh reframing Ihe idea of 'qualily of life' from a secondary allribute of the lives of AsWand's
cilizens to a central organizing principle that guides the way in which we allocale governmental resources and that is a
foundalion of our economy and our life as a commlIDity. I would propose Ihat AsWand's qualily oflife is one of our
principal assels thal.can carry us through externally driven changes thai may defeat olher cities.
This may be conjecture on my part but I think that our qualityoflife stands oul more vividly in Ihe current 'cIimale' in
the U.S. and the world than il did a few years ago and if we take this into accOlmt (as the Visitor and Convention
Bureau is doing with ils emphasis on "The Ashland Experience", for example) we can strengthen our economy al a
time when Ihe overall economic environment is very uncertain 10 say Ihe least.
Also our quality of life has lhe pOlenlial to be about more than pleasure, relaxation and cultural opportunities. It
should encompass Ihe whole sphere of healthy and vibrant cornmlIDity -Ihat is, a slale of connectedness in our town -
thai inspires people who visil here to form creative ideas about transforming Iheir own commlll1ilies.
If the world is indeed groping for a way ofliving lhal no longer simply exploits natural resources and creales a never-
ending stream of consumerism and environmental damagelhen maybe the alternative isn~ falling back to a primitive,
survival-level existence. Maybe a shift in the way in which we perceive our lives logether in Ihis eXlraordinary
physical place and Ihe values we place on those aspects of our lives thai are most important and mosl meaningful will
be a key to moving more gracefully through the changes and challenges that are coming.
And as a companion piece 10 quality oflife I suggest we considerlhe idea of'quality of commlll1ity'. By lhis I mean
becoming more conscious of lhe many ways that we are building and sustaining a strong communily Ihat takes care of
ils members w hi Ie providing them an environmenl in which Iheir talents and crealivity can flourish.' Communily need
nol be jusl about social welfare and how we come logether in the face Of emergencies. II may not be just about
helping Ihe less fortunate but also aboul the salisfaclionofworking together with each olher on things from which we
all benefit.
Taking some examples from this past year, the Ashland Food Project slands out, as does the more informal
collaboralion on discovering lhe sources ofE Coli contamination in Ashland Creek that is being led by lhe Rogue
River Keeper from KS Wild, working wilh individuals from SOU and Ihe COmmlll1ily in general and collaboraling
with the City's Public Works Departmeni. We also should recognize lhe communily celebralions Ihal are produced by
Ihe members oflhe Ashland Chamber of Cornmerce thai allracl visilors but also enrich our enlire commlIDily. And
Ihere's Ihe new Farm to School program that's bringing locally grown food 10 our schoolchildren.
Now I'm sure many of you are wondering why I'm not mentioning some other worthwhile activity that you know of
and which is equally deserving of recognition. This is just my point: Ihis communily has an inslinctive impulse
towards creative actions that enhance our shared existence (the Ashland Woodland Trails Association or the No Frills
Shelter or lhe solar powered green house at ScienceWorks, for example - and more names burgeon up ). We do these
tasks and projecls for ourselves and each other and for the reward and challenges of the work itself This is an
important fundamental characteristic of living in this city, which will benefit us more the more we recognize it for
what it is and see il wilh fresh eyes.
A~HLANU C/H CUUNUL M/:'/:.lIN(j
January 4. 20 II
Page /I of /I
A remarkable number of individuals are involved with Cily govemmenl ilself; for example:
- Well over 100 people on 18 commission; and ad hoc commillees
-Parks and Recreation Departmenl (more Ihan 100 aclive volunteers)
Garden mainlenance at North Mountain Park, special events, docents, special projects etc.
-Ashland Fire and Rescue (more Ihan 200 aclive volunleers)
CERT (lighl search and rescue, small fire suppression)
-Senior Center (aboul 50 aclive volunteers)
Reception dUlies, meals on wheels home delivery and lunch volunteers
- Police (25 active volunteers)
Downlown foot palrol, summer bike palh patrol,.vacalion house watch, mail courier, radar board
Plus we have the activitiesoflhe churches and service organizations and OLL! and the volunleers at the Hospilal; and
Ihe list goes on and on...
And in these Ihings we do together for ourselves and each olher we lap Ihe enormous potential of our diversity as
individual human beings living together and being forced to relate to our differences.
You can't gel away from differences and diversily They can be an irrilant and provoke us 10 cruel polarizalion and
vilificationof one another. Or we can create lillle spheres of social distance around ourselves, avoiding eye contact as
we walk down the slreel, and become a lifeless commlIDily of zombies (which I believe is why so many larger cities
are so 'dead' in lheir central cores). Or we can meel each olher as unique individuals, give each other the respect of
understanding the olher person's perspeclive, and break through 10 Ihal 'space' in which our differences become our
greatest assets in a resilient, creative and resourceful communily.
I believe whal ] have described in lhis address is our opportunily for 201] and beyond, and I invile us all to make
Ashland a lown Ihat increasingly creales its own fulure.
Note:
City staffhave wrillen a draft to assist me in preparing this address. I believe it contains valuable information and
will make it availalie on the City website as a companion piece. What I want to do with the above address is place
the subject (the state oflhe City) in a context and also discuss what this means for all members of the commlIDily.
Also this address contains my personal perspective and I welcome commentary, dissent, and amplification
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
December 14, 2010
CALL TO ORDER
Chair Pam Marsh called the meeting to order at 7:05 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
Staff Present:
Bill Molnar, Community Development Director
Derek Severson, Associate Planner
April Lucas, Administrative Supervisor
Absent Members:
John Rinaldi, Jr
Council Liaison:
Eric Navickas, absent
ANNOUNCEMENTS
Commissioner Marsh announced this is the last meeting for commissioners Dave Dotterrer and Michael Morris and thanked them
for their service on the Planning Commission. She also reminded the Commission that their annual retreat is January 8 and asked
that they forward agenda item requests to her
CONSENT AGENDA
A. Approval of Minutes
1. November 9, 2010 Planning Commission Minutes.
Commissioners Morris/Dotterrer m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed 7-0.
. .
PUBLIC FORUM
No one came forward to speak.
TYPE III PUBLIC HEARINGS
A. PLANNING ACTION: #2010-01239
SUBJECT PROPERTY: 59-85 Winburn Way
APPLICANT: Urban Development Services, LLC agents for Jonathan & Esther Phelps
DESCRIPTION: A request for a Comprehensive Plan Map Amendment and Zone Change from Single Family
Residential (R-1-7.5) to Commercial Downtown (C.1-D), Physical & Environmental Constraints Review Permit, Tree
Removal Permit to remove five trees, Site Review approval to construct a new 10,632 square foot cafe/restaurant, and
a Development Agreement for the four properties located at 59.85 Winburn Way.
EXISTING COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; PROPOSED COMPREHENSIVE PLAN
DESIGNATION: Commercial Downtown; EXISTING ZONING: R.1-7.5; PROPOSED ZONING: C.1.D; ASSESSOR'S MAP
#: 391E 09 BC; TAX LOTS: 2500, 2501, 3000 & part of#391E 09 TL 100.
Commissioner Marsh clarified they are re-opening the public hearing and read aloud the hearing procedures for land use actions.
Ex Parte Contact
Commissioner Miller stated she has walked the site. Commissioners Marsh and Dawkins stated they have gone by the area.
Commissioner Morris requested to be recused so that he can participate when this item comes before the City Council.
Asf1land Planning Commission
December 14. 2010
Pafje 1 of 6
No ex parte contact was reported by Commissioners Blake, Dotterrer or Mindlin.
Commissioner Morris left the Council Chambers at 7:10 p.rn
Staff Report
Associate Planner Derek Severson presented the staff report and provided an overview of some of the questions that were raised
at the last hearing.
. How will the building relate to the homes above on Granite Street?
Mr. Severson noted the Commission raised this question at the hearing and the applicant's have presented additional
information to address their concerns. He noted the applicant's cross seclion drawings which illustrate the proposed
building and the yards above on Granite St, and clarified which elements would be visible to the homes on Granite. Mr.
Severson stated the applicant's submittal shows the lower roof deck at about the same level as the Granite home's
backyard, and the peak of the glass roof lines up with the finished floor level of the home above. Mr. Severson clarified
where the proposed building will intrude on the views of the property above, and stated the tops of the chimneys and
elevator shafts will be visible; however, the roof deck is level with the back yard.
. Is there adequate space for the proposed skating equipment structure?
Mr. Severson stated the applicant's have provided a slightly revised sight plan to address this question. He stated the plan
includes a 740 sq. ft. building footprint and shows there is ample space to accommodate this structure.
. Are there other measures that might offset the parking demand of the proposal?
Mr. Severson clarified staff has spoken with the applicant about offering additional bicycle parking, bicycle facilities (such
as showers and lockers), and other ways to encourage alternate modes of transportation (employee bike passes, etc). He
stated the Commission could recommend these measures be incorporated into the Development Agreement
. Can staff provide recommendations with regard to the applicant's list of uses for inclusion in the Development
Agreement?
Mr. Severson clarified an abbreviate list of suggested uses is included in their meeting packet In summary, he stated staff
is recommending the removal of medical offices, department stores, night clubs and bars from the list of permitted uses. In
terms of conditional uses, staff is recommending the removal of hotel and motel from that list, but are suggesting outdoor
storage, bowling alleys. auditoriums, skating rinks and miniature golf courses be retained.
Mr. Severson concluded his presentation and clarified staff is recommending the Commission: 1) limit the zone change to 85
Winburn Way and the ice rink lot, and 2) determine if parking mitigation is merited. In terms of the Development Agreement, staff is
recommending the Commission: 1) limit the site development to the proposed building and improvements, 2) limit the uses to those
that are compatible, and 3) address the construction timing and staging.
Questions of Staff
Commissioner Marsh noted the letter submitted by Davis Heam & Bridges and asked staff to comment on it Mr. Severson stated
the letter questions the removal of medical uses, department stores, and nightclubs and bars from the list of permitted uses. Mr.
Severson noted the concems raised by the public and surrounding business owners about a nightclub or bar in such close proximity
to the park. He also explained that staff does not feel that medical offices and department stores are compatible with the existing
institutional uses of the Community Center, Pioneer Hall, Lithia Park and ice rink. Commissioner Marsh expressed concem that the
term "department store" is not clearly defined and questioned if Paddington Station' would fall into this category.
Comment was made questioning how active of a role the Commission should take with the Development Agreement Mr. Molnar
stated the City Council is looking for the Commission's guidance and encouraged them to conduct a thorough review of the
Development Agreement and submit recommendations to the City Council.
Staff was asked to elaborate on why they believe medical offices are incompalible. Mr. Molnar stated as you approach Lithia Park
there is a transitional nature occurring along this stretch of Winburn Way. He stated staffs position is that a medical office does not
have this mutually beneficial relationship to Lithia Park and the other surrounding uses. Mr. Severson added medical uses are
typically a destination in themselves and do not constitute a "secondary destination" which was the basis for the original CUP
parking variance.
Ashland Planning Commission
December 14. 2010
Page .2 of 6
-
Staff commented briefly on the difference between restaurants and bars. Mr Severson stated restaurants can serve alcohol, but
the alcohol service is accessory to the restaurant; while with a bar the primary focus is on the alcohol. Mr Molnar stated staffs
primary concem is regarding bars, more so than nightclubs, because the sole definition of a bar is to serve alcohol. He added in the
past, downtown bars have been fairly isolated and in this situation it would back up to a single family neighborhood.
Commissioner Marsh questioned the reasoning behind excluding medical offices, but allowing professional, financial and business
offices. She stated these uses seem to fit into the same category since they draw people specifically for those purposes and do not
'relate to the surrounding environment Mr Severson acknowledged that this is valid question the Commission may want to further
discuss, however he noted the city offices on Winburn Way and the real estate offices on the plaza seem to work well in the
downtown area. 11 was also noted that medical offices tend to have a lot of staff and a tremendous amount of patient turnover, and
these uses tend to be a high generator of traffic and parking.
Applicant's Presentation
Mark Knox/Applicant's Representativellntroduced Architect Carlos Delgado, Landscape Architect Greg Covey, and Attorney
Chris Hearn and responded to the issues outlined in the staff report.
. Can staff review and provide comment on the applicant's proposed sidewalk closure and construction staging
plan? Mr Knox stated from what he has read in the staff reporl staff has no issue with this. He added they have spoken
with a number of downtown merchants and are confident that there will not be a problem with traffic circulation, parking,
etc.
. Without a site plan or design drawings being provided, can the ice rink lot accommodate the proposed ice rink
support building? Mr Knox clarified where on the lot this structure would be placed and confirmed there is adequate
space.
. Can the applicant's provide additional information necessary to address the requirements of AMC 18.62.100
which regulate the development of severe constraint lands? Mr Knox stated they have provided information from the
project's civil engineer and there does not appear to be any issues with this. He added the civil engineer is present tonight
if they have specific questions about this.
. Can the applicant's provide a clearer illustration of the visual impacts of the proposal from the perspective of the
backyards of the Granite St neighbors? Mr Delgado noted the cross-section illustrations that were provided and also
displayed several photos taken from the rear yard of the home directly behind this site. Mr Knox clarified these property
owners have not expressed any concerns and there is a letter of support from them in the record.
. Should the zone change be limited to 85 Winburn and the ice rink lot? Mr Knox noted the efforts they have made to
enhance the opportunities at the ice rink and stated if the ice rink lot is not included in the zone change it will impact their
building design and the desired relationship between the building and the ice rink. He added the owners of parking lot
(adjacent to the Community Development building) are still very supportive of their lot being included in the zone change.
. Staff has recommended an in-lieu-of parking fee. Are there other measures that might offset the parking demand
of the proposal? Mr Knox stated in many ways the design of this project mitigates the parking demand and commented
on "Pedestrian Places" concepts and elements that were incorporated into the design. He noted the issue of increased
bicycle parking was raised at the last hearing and noted the areas where this could be incorporated. He also shared their
interest in having the bicycle parking be architecturally interesting. Mr Knox stated they are willing to consider the
inclusion of innovative mitigation measures suggested and stated these items could be described in the Development
Agreement
. Can staff provide recommendations with regard to the applicant's list of uses of the proposed building for
inclusion in the Development Agreement? Mr. Knox stated they do not know what will happen in the future and in order
to maintain an active space they do not want to be locked into a very narrow set of uses. He acknowledged the concern
about having incompatible uses and stated they do not want this either, but questioned some of the exclusions suggested
by staff. Instead of completely prohibiting some of these uses (such as medical offices and department stores), he
recommended these be moved into the Conditional Use category.
Mr Hearn commented briefly on the letter he had submitted and clarified the purpose was to get their concerns on the table so that
they could be discussed. Mr Knox stated they do not know what the future will hold and they want to make sure the Development
Agreement includes tangible wording so they know what business plan this building can operate under.
Ashland Planning Commission
December 14.2010
Page 3 of 6
Questions of the Applicant
Comment was made questioning if moving uses to the Conditional Use category provides the applicant with the level of certainty
they desire. Mr. Knox stated 'Yes', and noted this allows both parties an opportunity to re-discuss uses based on actual business
plans.
The applicant was asked to clarify which services the proposed ice skating building would accommodate and also where ice skating
drop-off and pick-ups might occur. Mr. Knox stated the ice rink structure would accommodate administrative space, public
restrooms, zamboni garage space, and storage space for the ice rink. Mr. Covey noted their proposal includes an extended curb
along the ice rink frontage and stated there would be ample space for people congregate. He added this area could also function as
a short term drop-off area.
Comment was made questioning to what extent the public will be able to access and use this building. Mr. Knox noted this
application far exceeds the public plaza space requirement and noted the outdoor public amenities included in this proposal. He
stated once inside there is a typical private property boundary. He stated the public is welcome to come inside and visit the upstairs
viewing area; however if someone is camping out the owner has the right to ask them to leave.
Mr. Covey commented briefly on why they believe this proposal improves the situation at the ice rink and stated the Parks &
Recreation Department are supportive of the accessory skating facility and its location at the opposite end of the rink.
Mr. Knox was asked whether they would be willing to participate in a retroactive future assessment on parking. Mr. Knox stated if
the City adopted a master plan that outlined a program such as this by all means they want to be included. He added they just don't
want to be singled out and believe the downtown parking issue is too large of a burden to place on any single business. Mr. Heam
noted the research he conducted into the concept of in-lieu-of parking fees and stated in all of the instances he could find this type
of mechanism was adopted by ordinance and applied to a widespread area, not a sole application.
Comment was made questioning if employee bicycle parking could be placed closer to the building and in a more secure location.
Mr. Knox clarified there is opportunity to accommodate employee bike parking at the rear of the building.
Public Testimonv
No one came forward to speak.
Letters from Planning Commissioner John Rinaldi, Bruce Roberts, Stephen Sacks, and Lloyd Haines were read aloud.
Rebuttal bv the Applicant
Mark Knox/Commented on whether it would be better for this site to develop as a single family residence, or a commercial facility
which is how it has always operated. He explained if they were to provide parking on the site, all of the public benefit opportunities
go away and he questioned what we desire as a community. Mr. Knox noted the claims that this building will create 150-180 seats.
He stated this is not accurate and clarified while the building is 10,000 sq. ft, only 30% of that is dedicated to seating. He also noted
that some of the individuals who have spoken out against this proposal have contributed to the parking problem downtown by not
providing parking when they opened their downtown businesses. Mr. Knox concluded his rebuttal and stated parking in Ashland is a
community issue and is not something a single business can solve.
Commissioner Marsh closed the public hearing at 9:00 p. m.
Advice from LeQal Counsel & Staff
Staff commented on the City's parking requirement and clarified it is one parking space per four seats. Mr. Severson clarified staff
does not equate a number of seats to the square footage and stated staff used the seat number provided by the applicants. He also
clarified the existing building at 85 Winburn has a conditional use permit for 90 seats (40 inside and 50 outside) and under that
approval they were required to provide 7 parking spaces.
Staff was asked to comment on their recommendation to restrict the zone change to the ice rink lot and 85 Winburn Way. Mr.
Severson clarified staff still feels the same about not including the other parcels and explained it is difficult to know what the impacts
of a specific development might be. In regard to rezoning the privately owned lot adjacent to the City's facility at 51 Winbuf]l Way,
Asllfaruj Planning Commission
Decem/)e, 14. 2010
Page 4016
staff does not feel the burden of proof has been met and stated staff could be supportive down the road if a more detailed proposal
comes forward.
Staff was asked whether they are satisfied with the orientation of the proposed skating rink building and the way it relates to the
street Mr. Molnar clarified they are not approving this structure's footprint or hardscape at this time. and this will come back as a
separate application.
Staff was asked whether a motion to approve would need to address parking. Mr. Severson stated it would not, and clarified this
could be determined in the Development Agreement
Staff was asked to comment on the history of the C-1-D zone and whether it has been expanded in the past Mr. Molnar stated the
C-1-D zone was adopted in the earty 1980s and was later expanded for the Ashland Public Library and the City's Community
Development & Engineering Services building. He stated the applicant's main argument to rezone 85 Winburn is that the residential
zoning is unfair and is not working. He added staff has continued to feel that rezoning the entire street is more of a community
discussion.
Commissioner Marsh closed the record at 9:22 p.rn.
Deliberations & Decision
Commissioners DawkinslDotterrer mls to approve PA-2010-01239 with no parking mitigation, and limiting the rezone to 85
Winburn Way and the skating rink parcel. DISCUSSION: Dawkins commented on the arguments raised regarding parking and
stated they finally need to bite the bullet and say people need to find other ways to get around. Dotterrer commented that he does
not see the proposed development as a primary destination and believes it will have a seasonal impact He stated during the
summer there is a parking lot next to this site, and during the winter (when the lot is turned into a skating rink) parking is not as big
of a problem.
Commissioner Marsh noted the discussion outline provided by staff and recommended they work their way through the items.
1) Which criterion merits approval of the zone chanoe?
The commissioners shared their opinions and commented on which of the criteria they felt applied. Individual comments were made
and all three criteria were identified as being addressed by this application.
2) Do the parkino impacts of the proposal need to be mitioated?
Mindlin questioned whether they are going to continue to accommodate the car, or go in another direction; and voiced her support
for moving in a different direction. She recommended this project include all possible bicycle and public transit promoting measures,
and recommended additional employee bicycle parking, showers, lockers, and bus passes be included in the Development
Agreement Miller commented that she does not want to see more parking lots in Ashland, but stated promoting tourism and not
providing parking are at odds with each other. ~Iake noted that one thing in the applicant's favor is this site is right next to a large
parking lot He also noted that the parking spaces along Lithia Park are not just used by park patrons, but also patrons of all of the
downtown businesses. MarSh commented on parking and recommended the City Council deal with the City's parking issue in a
more comprehensive manner. .
Commissioner Dawkins/Marsh mls to extend the meeting to 10:00 p.m, Voice Vote: all AYES. Motion passed 6-0.
3) Should the zone chanoe be'limited to the cafe and the ice rink lots?
Marsh noted the motion limits the change to the cafe and ice rink lots and no objection was voiced to this.
4) Does the proposed site and buifdino desion satisfy the applicable criteria. and are visual impacts and desion compatibilitv
addressed to the Commission's satisfaction?
Miller commented on bulk, mass and scale and voiced concern that this building may be too imposing. Dawkins stated he is not
concerned. He voiced appreciation for the lodge feel of the design and stated it will fit in well with Lithia Park. Blake noted there are
big structures on Granite and they are residential. Dotterrer, Mindlin and Marsh all voiced support for the design of the building.
Asl1lal1d Planning Commission
Decem"er 14. 2010
Page 5016
5) Have the aooficant's orovided suffiCient information to meet the burden of oroof for the orooosed devefooment of severe
constraint lands? . .
The Commission raised no concerns with this part of the application.
Commissioner Marsh noted the conditions recommended by staff and it was clarified that these are included in the motion on the
table.
Roll Call Vote on original motion: Commissioners Dotterrer, Mindlin, Blake, Dawkins and Marsh, YES. Commissioner
Miller, NO. Motion passed 5-1.
Commissioner Marsh stated lastly, they need to determine if they have specific recommendations for the City Council for inclusion
in the Development Agreement The commissioners went around the table and shared their opinions. Dotterrer voiced support for
keeping the uses as wide open as possible in order to keep the building viable, but recommended moving medical offices to a
conditional use. He stated he is fine with department stores being an outright permitted use; and regarding nightclubs and bars he
recommended staff and the applicant come to an agreement on the interpretation of primary versus secondary use and to specify
this in the Development Agreement Mindlin suggested they put the uses they are uncertain about in the CUP category. She also
recommended the CUP criteria recognize the primary and secondary destination issue. Dawkins voiced his support for limiting the
uses to those that specifically relate to the park and the skating rink.
The Commission continued discussing their preferences in regards to the uses and agreed to the following: Remove "regional
shopping center' as a permitted use, move "medical offices" to a conditional use, and allow "non-chain department store" as an
outright permitted use. "Nightclubs and bars" were removed (from both permitted and conditional use categories), but staff was
asked to work with the applicants and the City Council to clarify in the Development Agreement that while nightclubs and bars have
been intentionally removed due to their incompatibility with this transitional location, it is anticipated that alcohol will be served in
any restaurant located there and they are comfortable with this as long as the alcohol service remains secondary to the restaurant
The Commission discussed incorporating altemative transportation programs into the Development Agreement and measures such
as staff coordinator, bicycle parking, showers, ride sharing, and bus passes were all listed. It was clarified that these elements will
need to be negotiated between the applicant and the Council and the Commission could recommend an altemative automobile
transportation program be outlined in the Development Agreement
Commissioner Dawkins/Dotterrer m/s to approve the recommendations for the Development Agreement that incorporate
the uses as discussed and the development of an alternative automobile transportation program. Roll Call Vote:
Commissioners Blake, Milter, Mindlin, Dotterrer, Dawkins and Marsh, YES. Motion passed 6-0.
UNFINISHED BUSINESS
A. Update on Community Development Projects/Council Goals Input.
Item postponed to a tuture meeting.
ADJOURNMENT
Meeting adjourned at 10:25 p.m.
Respectfully submitted,
April Lucas, Administrative SupelVisor
Asllland Planning Commission
December 14. 2010
Page 6016
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Appointment of Council Liaisons for 2010
January 18,2011 Primary Staff Contact: John Stromberg, Mayor
Administration E-Mail: john@counciLashland.oLus
none Secondary Contact: Martha Bennett
Martha Bennett Estimated Time: Consent
Question:
Will the Council approve the 2011 Council liaison appointments to City boards and commissions, to be
effective immediately?
Staff Recommendation:
Approval ofliaisons as listed.
Background:
Each year the Council liaisons to the City boards and commissions are selected by the Mayor, and
approved by the CounciL The appointments will be effective immediately.
Related City Policies:
N/A
Council Options:
Approve appointments as listed or agree upon changes.
Potential Motions:
N/A
Attachments:
List of2011 Council Liaison Appointments
Page 1 of I
~~,
Full List of Council Liaison Appointments
2011
City, Appointed by Mayor and Council
Airport Dennis Slattery
Band Board Mike Morris
Conservation Carol Voisin
Forest Lands Greg Lemhouse
Historic Mike Morris
Housing Mike Morris
Parks & Recreation Dennis Slattery
Planning Russ Silbiger
Public Art Dennis Slattery
Transportation David Chapman
Tree Russ Silbiger
City Ad Hoc, appointed by Mayor and Council
Ashland Water Advisory Committee Carol Voisin
Economic Development Russ Silbiger
Rel!;ional, appointed by Mayor and Council
Chamber of Commerce Carol Voisin
RVACT John Stromberg
RVCOG Russ Silbiger
RVMPO David Chapman (Carol Voisin as all.)
Regional Problem Solving Mike Morris
SOREDI Dennis Slattery
CITY OF
ASHLAND
Council Communication
A Resolution Transferring Appropriations within the FY 2010-2011 Budget
Meeting Date: January 18, 2011 Primary Staff Contact: Lee Tuneberg
Department: Finance . E-Mail: tuneberl@ashland.or.us
Secondary Dept.: None Secondary Contact: None
Approval: Martha Benne Estimated Time: Consent
Question:
Should Council approve a resolution to adjust budget appropriations for changes in operational
expenses to remain in compliance with Oregon Budget Law?
Staff Recommendation:
Staff recommends approval of the attached resolution to transfer appropriations within specified funds
for stated reasons.
Background:
There are three ways in which to change appropriations after the Budget is adopted.
1. A transfer of appropriations decreases an appropriation and increases another. This is the
simplest budget change allowed under Oregon Budget law. This does not increase the overall
budget. This is approved by a City Council resolution.
2. A supplemental budget of less than 10 percent of total appropriations within an individual fund
follows a process similar to the transfer of appropriations. This process includes a notice in the
paper prior to Council taking action.
3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process.
This process includes a notice in the paper and a public hearing prior to the council taking
action.
A transfer of appropriations (Item # 1 above) is neede9 to adjust the FY 2010-2011 budget for the
following reasons:
. The Legal Division of the Administration Department in the Central Service Fund needs a
$50,000 Transfer of Appropriations from Contingency to pay for attorney work out-sourced by
contract until the end of the fiscal year due to unfilled positions in the department.
This is the FIRST transfer of appropriations request for FY 2010-2011.
Attached is a resolution for your approval. The recommended changes in the budget are explained after
each request and in the accompanying departmental memoranda.
Related City Policies:
None.
Page I of I
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CITY OF
ASHLAND
Council Options:
Council may accept this transfer of appropriations as presented, recommend modifications as discussed
or defer acceptance (takes no action) awaiting further information or clarification.
Potential Motions:
Council moves to adopt the transfer of appropriations resolution, amending the FY 2010-2011 budget.
Attachments:
Resolution transferring appropriations within the 2010-2011 Budget
Memo from Administration requesting a transfer
Page 2 of2
~,.
.~..
RESOLUTION NO. 2011-
A RESOLUTION TRANSFERRING APPROPRIATIONS
WITHIN THE 2010-2011 BUDGET
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION I.
Because of the circumstances stated below, the Mayor and City Council
of the City of Ashland determine that it is necessary to transfer
appropriations as follows:
Central Services Fund
To: Administration, Legal Division, Materials & Services
From: Contingency
$50,000
$50,000
To Transfer appropriations from Contingency to the Legal Division to pay for attorney
work contracted out due to vacant positions.
TOTAL
To:
From:
Division Appropriations
Contingency
$50 000
$50.000
SECTION 2. This resolution was duly PASSED and ADOPTED this _ day of January,
2011 and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of January, 2011:
John Stromberg, Mayor
Reviewed as to form:
Megan Thornton, Acting City Attorney
Page I of I
City of Ashland
Legal Department
Memorandum
To: Lee Tuneberg, Finance Director & Martha Bennett, City Administrator
From: Megan Thornton, Interim City Attomey~
Date: January 18,2011
Re: Request Transfer. of Appropriations
Background
The City Attorney's Office has only had one attorney for the last five months. In addition, the office has
been without a full-time paralegal for two and a half months. The City Attorney's Office has hired
temporary staff to assist with some of the duties of the paralegal position; however, it is necessary to
provide a more stable means of assistance in the legal department. The City Attorney's office needs an
additional attorney to assist with day-to-day operations, as well as the larger projects that arise; however,
there is not enough money in the Legal Department budget for FY201 0-20 I I to pay for these services.
Discussion
There is $5,249.37, approximately 15%, remaining in the professional services budget with a little less
than half of the year remaining. The City Attorney's office has spent over 85% of its professional services
budget, which is used for outside council, and the City Attorney's Office anticipates that additional
services will be required in the upcoming months. The City Attorney's Office currently has a contract
with Beery, Elsner, and Hammond for up to $10,000 for franchising issues. In addition, the City
Attorney's Office would like to enter into a contract with a not to exceed amount of $50,000 for part-time
legal services.
Request
The City Attorney's Office would like to request a transfer of appropriations for FY 2010-2011 of$50,000
to cover expenses for outside legal counsel.
Page 1011
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Contract for Legal Services
January 18, 2011 Primary Staff Contact:
Legal E-Mail:
Finance Secondary Contact:
Martha Bennett Estimated Time:
Megan Thornton
thorntm@ashland.or.us
None
Consent
Question:
Should the City Council approve a legal services contract with Douglas McGeary that could exceed
$50,000?
Staff Recommendation:
Staff recommends Council approve a contract for legal services with Douglas McGeary.
Background:
The City Attorney's Office has only had one attorney for the last five months. In addition, the office
has been without a full-time paralegal for two and a half months. It is necessary to get additional
assistance in the legal department to assist with day-to-day operations, as well as the larger projects
that arise.
The public contracting code requires "Council approval of any expenditure for legal services paid to a
single legal services provider that is expected to exceed $50,000 prior to entering into the contract."
AMC 2.50.120.A.I. Although the City Attorney's Office does not expect it to exceed $50,000, it
could potentially be close to $50,000 depending on the length of time it takes to hire a new city
attorney. The proposed contract would allow the City Attorney's office to employ Douglas McGeary
on a part-time basis with a not to exceed amount of$50,000. This contract is for part-time services,
twenty hours of work per week or less, that will be performed on-site in the City Attorney's office.
The City Attorney's Office has requested a transfer of appropriations of $50,000, which will be used to
pay for this contract as well as hire additional legal services if necessary. The finance department has
provided a Council Communication and a resolution to allow the appropriations to be transferred if this
contract is approved.
Related City Policies:
AMC 2.50.120.A.I - Personal Services Class Exemption for Attorney Services
Council Options:
I) Move to approve a contract with Douglas McGeary.
2) Withhold approval of the contract.
Potential Motions:
Council: Motion to withdraw item/rom consent agenda.
Attachments:
None.
Page 1 of 1
r~'
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Winburn Way Call-Up (PA #2010-01239)
January 18, 201 I Primary Staff Contact: Bill Molnar
Community Devel E-Mail: bill@ashland.oLus
Legal Secondary Contact: Derek Severson
Martha Benn Estimated Time: Consent
Question:
Does the City Council wish to set a public hearing for February 15,2011 for the review of a
Development Agreement and call-up for review the Planning Commission's decision to approve
planning action 20 I 0-1239 - A Comprehensive Plan Map Amendment, Zone Change and Site Design
Review to construct a 10,632 square foot building at 85 Winburn Way?
Staff Recommendation:
Staff recommends that the Council schedule a public hearing for the development agreement and
simultaneously call up the Planning Commission's decision to approve planning action 2010-01239, as .
it will facilitate the Council's review of the Development Agreement associated with the project.
Background:
Planning Action #2010-01239 is a request for a Comprehensive Plan Map Amendment and Zone
Change from Single Family Residential (R- I -7.5) to Commercial Downtown (C-I-D), a Physical &
Environmental Constraints Review Permit, a Tree Removal Permit to remove five trees, Site Review
approval to construct a new 10,632 square foot cafe/restaurant, and a Development Agreement for the
four properties located at 59-85 Winburn Way.
Because the application includes a Development Agreement, which has to be considered by Council
and sets specific conditions relating to the development of the applicant's property and adjacent City
property and facilities, Staff recommends thai Council call up the land use decision so that the
Development Agreement can be considered together with the land use decision. This reduces
confusion and ensures the decision and the agreement are consistent.
Section 18.108.070 B 5 of the Land Use Ordinance states that the City Council may call up any
planning action for a decision upon motion and majority vote, provided such vote takes place in the
required appeal period. On January II, 20] I, the Planning Commission adopted the Findings,
Conclusions and Orders ap~roving the planning action (see attached). The 13 day appeal period began
on Wednesday, January 12' , with the mailing of the Findings, Conclusions and Orders.
~~,
CITY OF
ASHLAND
AMC ] 8.] 08.070.8.5 provides that "the City Council may call up any planning action for a decision
upon motion and majority vote, provided such vote takes place in the required appeal period." A call
up request must occur during the appeal period: findings were mailed on January 12th and the decision
becomes final on the 13th day following mailing (January 25th) so any call up or appeal request would
need to occur before 4:30 p.m. on Monday, January 24th
Council Review of Planning Action & Development Agreement - Public Testimony & New
Information
Should the Council choose to call-up the decision of the Planning Commission, the item will be
scheduled at a public meeting before the Council in accordance with the notice requirements
described in the Land Use Ordinance. The 85 Winburn planning action also includes a
development agreement. Under Oregon Revised Statute 94.504, the City has the ability to enter
into a development agreement with any person having a legal or equitable interest in real
property for the development of that property. The development agreement has the ability to
specify a number of parameters with respect to development of the property, including but not
limited to allowances for permitted uses, density and intensity of use, maximum height and size
of structures, schedule of fees and charges and responsibility for providing infrastructure and
services.
While AMC 18.108.070 B. 5 notes that the City Council review of the planning action is
limited to the record and public testimony is not allowed, a development agreement is adopted
by ordinance and is required to have a public hearing before the Council. Since the
development agreement obligates the applicant to develop the project including the building,
public and private site improvements, construction time line and restrictions on uses in
accordance with the approved planning action, there will be essentially no limitation placed
upon the testimony from participants at the public hearing.
Related City Policies:
Not applicable. .
Council Options:
I. Call the planning action up for review and a final decision and direct staff to schedule the
review of the action before the Council with a public hearing on the accompanying
Development Agreement.
2. Decline to call the planning action up, which would limit the Council to consider only the
Development Agreement solely within the context of the existing Planning Commission
approval.
Potential Motions:
Move to call up planning action 20 10-1239 - A Comprehensive Plan Map Amendment, Zone Change
and Site Design Review to construct a 10,632 square foot building at 85 Winburn Way, and direct staff
to schedule Council review of the planning action and a public hearing on the Development
Agreement.
Page 2 of3
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CITY OF
ASHLAND
Attachments:
. Planning Commission Findings, Conclusions and Orders (January II, 2011)
. Project Site Plan
. Planning Commission Public Hearing Notice
Page 3 of3
~~,
BEFORE THE PLANNING COMMISSION
January 11 n" 2011
IN THE MA 1TER OF PLANNING ACTION #20 I 0-0 1239, A REQUEST FOR
COMPREHENSIVE PLAN MAP AMENDMENT AND ZONE CHANGE FROM
SINGLE F AM1L Y RESIDENTIAL (R-I-7.5) TO COMMERCIAL DOWNTOWN
(C-I-D), PHYSICAL & ENVIRONMENTAL CONSTRAINTS REVIEW PERMIT,
TREE REMOV AL PERMIT TO REMOVE FIVE TREES, AND SITE REVIEW
APPROVAL TO CONSTRUCT A 10,632 SQUARE FOOT CAFE-RESTAURANT
BU1LDING FOR THE FOUR PROPERTIES LOCATED AT 59-85 WINBURN
WAY.
)
)
)
)
)
)
)
)
)
APPLICANTS: Urban Development Services, LLC, agents for Storyville in the Park (SITP)
FINDINGS,
CONCLUSIONS,
AND ORDERS
RECITALS:
I) Tax lots #2500, #2501 and #3000 of Map 39 IE 09 BC and a portion of Tax lot #100 of Map 39
IE 09 are located at 59-85 Winburn Way and are presently zoned Single Family Residential (R-] -7.5).
2) The applicants are requesting a Comprehensive Plan Map Amendment and Zone Change from
Single Family Residential (R-I-7.5) to Commercial Downtown (C-I-D), a Physical & Environmental
Constraints Rcvicw Permit, a Tree Removal Permit to remove five trees, and Site Review approval to
construct a new 10,632 square foot cafe/restaurant for the four propertics located at 59-85 Winburn Way.
Eventual development of the properties will be governed by a Devclopment Agreement pursuant to the
provisions of ORS 94.504 through ORS 94.528, and will require Council approval. The request includes
placement of the properties within the Detail Site Review Zone and would subject it to all of the
standards thereof, as well as to the Site Design and Use Standards' Historic District Development
Standards. However, as pal1 of the request the applicants have indicated that they are not proposing to
include the property within the Downtown Design Standards Zone, as its standards seek a specific "Main
Street"-style of building design more appropriate to the downtown core than to this location on the
periphery of the downtown, within the established Winburn Way streetscapc and adjaccnt to Lithia Park.
The proposed map amendment and associated building design and site improvements are outlincd on the
plans on file at the Department of Community Development.
3) The criteria for approval of Zoning Map Amendments Annexation are described in
18.106.060.B as follows:
Zone changes, zoning map amendments and comprehensive plan map changes subject to the Type III
procedure as described in subsection A of this section may be approved if in compliance with the
comprehensive plan and the application demonstrates that one or more of the following:
a, The change imp/emellls a public need, other than the provision of affordable housing, supported
by the Comprehensive Plan; or
PA #2010-01239
January II'h, 2011
Page 1
b. A substantial change in circumstances has occurred since the existing zoning or Plan
designation was propose,/, necessilating Ihe need 10 adjusllo Ihe changed circumslances; 01'
c. Circumslances relaling 10 Ihe generat public welfare exisl Ihal require such an aclion; 01'
d. Proposed increases in residenlial zoning density resu/ling from a change from one zoning
dislricllo anolher zoning dislricl, will provide 25% of Ihe proposed base density as affordabte
housing consiSlenl with Ihe approval slandards selfonh in 18.106.030(G};or
e. Increases in residential zoning density of four units or greater on commercial, employment or
induslriat zoned tands (i.e. Residenliat Overlay). willnolnegalively impacl/he City of Ashtand's
commercial and induslriatland supply as required inlhe Comprehensive Plan, and will provide
25% of Ihe proposed base density as affordabte housing consislenlwilh Ihe approval slandards
selforlh in 18. 106. 030(G}
The 10lal number of affordable units described in sections D 01' E shal/ be determined by
rounding down fraclional answers 10 the nearest whole unil. A deed restriction, 01'
similar legal inslrumenl, shall be used to guarantee compliance with affordable criteria
for a period of not less than 60 years. Sections D and E do not apply to council initiated
actions.
4) The criteria for approval of Site Review approval are described in 18.72.070 as follows:
A. All applicable City ordinances have been met 01' will be met by the proposed
development.
B. AI/requiremenls of the Site Review Chapter have been met or will be met.
C' The developmenl complies wilh the Site Design Slandards adopled by the Cily Council
for implementation of this Chapter.
D. That adequale capacily of Cily facilities for waleI', sewer, paved access 10 and through
the deveiopment, electricily, urban storm drainage, and adequate transporlation can and
will be provided to and through the subject properly. All improvements in the street right-
olway shal/ comply wilh the Street Standards in Chapter 18.88, Pe/formance Standards
Options. (Ord. 2655, 1991; Ord 2836 S6, 1999)
5) The criteria for a Physical & Environmental Constraints Review Permit are described in AMC
Chapter 18.62.040.1 , as follows:
1. Through the application of the development standards of this chapter, the potential
impacts to the properly and nearby areas have been considered, and adverse impacts
have been minimized.
2. That the applicant has considered Ihe potential hazards that the development may create
and implemented measures to miligate Ihe potential hazards caused by the development.
3. That the applicant has taken aI/reasonable steps to reduce the adverse impact on the
environment. Irreversible actions shall be considered more seriously than reversible
PA #2010-01239
January II", 20 II
Page 2
actions. The Staff Advisor or Planning Commission shall consider the existing
development of the surrounding area, and the maximum permilled development permilled
by the Land Use Ordinance.
6) The criteria for a Tree Removal PClmit are describcd in AMC Chapter 18.61.080, as follows:
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 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 ti'ees, . 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 aliow the
property to be used as permitted in the zone. Nothing in this section shali require
that the residential density be reduced below the permitted density aliowed 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
PA #2010-01239
January Illh, 2011
. Page 3
impact on trees, so long as the alternatives continue to comply wilh other
provisions oflhe Ashland Land Use Ordinance.
4. The City shali require Ihe applicanl to mitigate for the removal of each Iree
granted approval pursuant to AMC 18.61.084. Such miligalion requiremenls shali
be a condilion of approval oflhe permit.
7) The Planning Commission, following proper public notice, held a public hearing on November 9'h,
2010 at which time testimoI)Y was received and exhibits were presented. This hearing was continued until
December 141h, 2010 at which timc additional exhibits were presented and testimony taken. The Planning
Commission approved the application, however with the approval the zonc change was limitcd to thc 85,
Winbum Way lot and adjacent ice rink lot (a p0l1ion of Tax Lot #100). In addition, the Commission
drafted a number of recommendations to the City Council dealing with permitted, special permitted,
conditional and prohibited uses of the site for inclusion-in the Development Agreement which are detailed
in the attachcd "Appcndix A". Thc zonc changc requested for the remaining prope11ies, including thc city-
owned property containing Pioneer Hall and the Community Center, and the adjaccnt parking lot owncd by
the Roberts and Mattsons, was denied.
Now, therefore, the Planning Commission of the City of Ashland finds, concludes and recommends as
follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony
will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "0"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
SECTION 2. CONCLUSORY FINDINGS
2.1 The Planning Commission finds that it has received all infOlmation necessary to make a
decision based on the Staff Rep0l1, public hearing testimony and the exhibits received.
2.2 The Planning Commission finds that the proposal for a Comprehensive Plan Map.
Amendment and Zone Change from Single Family Residential (R-I-7.5) to Commercial
Downtown (C-l-D), a Physical & Environmental Constraints Review Permit, a Tree Removal
Permit to remove five trees, and Site Review approval to constmct a new 10,632 square foot
cafe/restaurant for the propel1ies located at 85 Winburn Way (the cafe lot) and a portion of the
PA #2010-01239
January 111h, 2011
Page 4
'--
adjacent Tax Lot # I 00 (the ice rink lot) meets all applicable criteria for a Comprehensive Plan Map
Amendment and Zone Change as described in Chapter 18.106, a Physical & Envirollll1ental
Constraints Review Petmit described in Chapter 18.62, a Tree Removal Petmit described in
Chapter 18.61, and Sitc Rcvicw approval described in Chapter 18.72.
2.3 The Planning Commission finds finds that the applicants propose to change the subject
properties' Comprehensive Plan Map and Zoning designations from Single Family Residential
(R-I-7.5) to Commercial Downtown (C-I-D), alid that they request to include the propet1ies
within the Detail Site Review Zone and subject it to all of the standards thereof as well as the
Site Design and Use Sta}ldards' Historic District Development Standards. The Commission
further finds that the applicants are proposing not to include the property within the Downtown
Design Standards Zone as they suggest that these standards seek a specific Main Street-style of
building design which is more appropriate to the intense retail storefront development pattern on
the Plaza and within the downtown core than to this more transitional location within the park at
the periphery of the downtown, bordering on an historic residential neighborhood. The Planning
Commission further finds that the applicants are not requesting the Comprehensive Plan and
Zoning Map Amendments based on anyone specific criterion from the list of approval criteria,
but rather through a combination of these criteria based on various relevant goals and policies of
the Comprehensivc Plan.
The existing cafe use, while it has seemed to stmggle historically and more so with the declining
economy in recent years, is long-established as a Conditional Use on the basis that a significant
portion of its clientele were primarily visitors to the park and the downtown for who\n the cafe was
a sccondary destination, thus generating fewer vehicle trips and lesser parking demand than a
similar stand-alonc restaurant might if it were to be a primary destination in and of itself, outside
the hew1 of the downtown. As such, the previously approved Conditional Use Permit required that
only seven automobile and seven bicycle parking spaces be required for 90 seats, representing a 16-
space parking V w'iance. The Commission finds that re-zoning and re-developing the site as
proposed could prove beneficial in that it would revitalize the cafe use while creating a much
stronger relationship with the Ice Rink, Pioneer Hall, Lithia Park and the Winbwn Way streetscape.
The Commission finds that staff and a number of those providing wtilten or oral testimony during
the hearing have raised the issuc of potential impacts associated with adding the parking demand of
a 189 seat restaurant to the already heavy parking demand in this area of the downtown. The
Commission finds that the applicants have conducted an informal parking study over the course of
the past year, and have concluded that while parking is in high demand later in the day and in the
evenings during the peak summer season, parking demand generally fluctuates seasonally,
throughout the day based on time, and also according to the weather conditions. The applicants
study also suggests that there is a lesser parking demand during thc winter months and that this
reflects the fact that there are fewer customers in the downtown, and that the presence of the cafe-
. restaurant and associated improvements proposed by the applicants to enhance the Ice Rink could
serve to attract customers during what would othelwise be a period of lesser demand.
PA #2010-01239
January t1~. 2011
Page 5
The Commission further finds that within thc downtown setting, where the city seeks to provide a
high level of urban design where buildings and streetscapes are crafted to create a pedestrian
friendly environment with storefront continuity, an off-street parking requirement is not the best
option because the placement of parking and circulation on site in these areas can work against
other adopted policy documents and established standards intended to keep designs human scale
and pedestrian friendly. The Commission notes that this is an underlying reason behind there being
no off street parking requirement for projects within Ashland's existing downtown zone (C-I-D),
and as proposed with C-I-D zoning no parking would be required for the new restaurant/cafe.
The Commission finds that the intensity of the proposed cafe use and its associated impacts on
parking demand in the vicinity will be seasonal and will be limited to the degree that thc cafe scrves
as a secondary destination to downtown shopping, OSF, Lithia Park and the adjacent ice rink. The
Commission further finds that during the periods of peak parking demand during the summer
season, the ice rink will be closed and its area available to provide additional parking to address this
additional demand. Thc Commission finds that, particularly within the downtown, the need to
accommodate cm's cannot outweigh the bigger picture planning objectives of crcating a human-
scale, pedestrian-friendly built environment, and that in this instance the proposal for the cafe lot
and adjacent ice rink lot merit inclusion within the -D overly of the C-I district where there is no
off-street parking requirement for most uses. However, the Commission finds that the potential
parking impacts must bc mitigated through demand management measures to the greatest degree
possible and that there nccds to be a substantial eff0l1 on the pal1 of the applicants to encourage
non-automotive modes of transportation including bicycling, walking and transit by cmployccs of
the cafe as well as its customers. The Commission finds that measures to this end should include
the development of an multi-modal transportation plan which includes but is not limited to a staff
ride share coordinator as proposed by the applicants, free bus passes made available to employees
who request them, provisions for significant secure bicycle parking, with a portion of this parking
to be provided in a location suitable for employee use, and showers and lockers to serve bicycle
commuting employees.
The Commission finds that measures of this nature are likely to be par1icularly effective given that
peak parking demand occurs at a time of year when the weather is most suited to the use of non-
automotive modes of transp0l1ation.
The Commission finds that the proposal addresses a public need and thus merits the proposed
Comprehensive Plan Map Amendment and Zone Change. More specifically, in addition to the
public and private amenities to be provided by the applicants with the proposed development in the
fonn of improvements to the Pioneer Hall cOUl1yard including a new seating wall to provide an
improved assembly space; the addition of a skating rink building which would include space for
public bathrooms, administrative offices, skate storage, and zamboni parking, in addition to drop-
off space and plaza/courtyard spaces with seating for assembly and viewing the rink's various
recreational activities; widened sidewalks in various locations along Winbum Way bringing the
con'idor more into compliance with Ashland's Street Standards; a lar'ge entry plaza at 85 Winburn
Way for assembly; and an unloading zone for deliveries out of the main travel lane, the
PA 112010-01239
January] 1 ", 20 II
Page 6
Commission finds that the project will serve to revitalize a long-languishing site and use and in the
process provide an engine for economic development, particularly through its potential to have a
strong positive economic impact on the surrounding area during the slower winter season.
The Commission further finds that in assessing whether the proposal.addresses a public need, thcre
must be some consideration of its potential negative impacts, such as parking, weighed against its
benefits, including the various improvements to be provided and the potential for a positive
economic impact on the surrounding area, in order to reach a determination that the proposal
. ultimately will rendcr public benefits which, when considered in sum, will outweigh any potential
negative impacts. The Commission finds that with rcgard to the 85 Winburn Way cafe lot and the
adjacent ice rink lot, the applicants have made a comprehensive evaluation of Winburn Way's pre-
existing uses and their relationships to Lithia Park, one another and the streetscape, and the
improvements they offer reflect a realization that in improving the streetscape, Pioneer Hall
courtyard, and the Ice Rink facilitics, the proposal would have-significant mutual benefits for the
applicants and the city and melits the requested re-zoning. However, the Commission fUlther finds
that the application fails to address in sufficient detail or provide for a similarly compelling level of
consideration of the benefits and impacts of the re-zoning of either the RobertslMattson lot or the
lot containing Pioneer Hall and the Community Center, and the Commission's approval of the zone
change is accordingly limited to the cafe lot at 85 Winburn Way and the adjacent ice rink lot.
The Planning Commission further finds that the use of this area of Winbul11 Way has not
historically developed in keeping with the residential zoning designation. The City initiated the
first commercial re-zoning with the re-development of 51 Winburn Way, and when the historic
development pattern of the block is considered along with the precedent begun by the City, the
block seems lcss than idcally suited to rcsidential devclopment. With this in mind, the Commission
finds that the cun-ent residcntial zoning is inappropriate and that the cafe lot at 85 Winburn Way
and the adjacent ice rink lot should be l-e-zoned for commercial use as l-equested by thc applicants.
The Commission finds that because no residential units are proposed with the application, and
because the proposal involves a change in zoning from Single Family Residential to Commercial
Downtown, it will not negatively impact the City's commercial land supply.
2.4 The Planning Commission finds that the proposed building consists of a 10,632 square
foot cafe-restaurant with four levels: 1) a 3,158 square foot basement not visible from the
exterior providing areas for storage, mechanical equipment, food preparation, bathl'Ooms, a wine
cellar and potentially some dining; 2) a 3,965 square foot main floor with the building's primary
entrance as well as coveredlheated outdoor assembly space fOr winter patrons; 3) a 3,148 square
foot upper floor primarily dedicated to dining and assembly space and including a covered and
heated outdoor deck to accommodate assembly of patrons to view the ice rink, as well as a larger
dining area for special ~vents or peak periods; and 4) a 361 square foot roof-top garden area with
a partially-covered observation deck for viewing Lithia Park while allowing natlll'allight into the
building.
PA #2010.01239
January 1 t", 201 t
Page 7
The Planning Commission finds that the proposed development will offer a number of pedestrian
amenities in the form of wide sidewalks, spaced tree canopies, and covered and uncovered seating
space that are generally protected from the weather. The proposed building entrance sits 20 feet
from the property line and 31 feet from the back of cW"b, and is surrounded by smaller gabled
volumes which serve to create a semi-enclosed plaza space at the front of the building. Plaza space
is to be treated in a scored colored concrete consistent with City sidewalk standards within the
historic district, and outdoor dining and wanning areas are provided along the skating rink's north
. edge to cement a relationship between the cafe and the adjacent ice rink. Outdoor plaza space for
the front plaza and south ice rink plaza totals 1,300 square feet, exceeding the public space
requirements of the Detail Site Review Zone, and includes seating, a mixture of sun and shade
areas, protection from wind and inclement weather, and outdoor eating areas.
The Plalllling Commission finds that while the proposed builqing is approximately 125 feet long, it
includes two smaller gabled elements near the street which are intended to be respectful of the
pattern created by Pioneer Hall and the Community Center in providing a human-scale relationship
to the streetscape. These smaller elements provide distinctive changes in the building's fa9ade and
serve to delineate a plaza space near the building's main entry. A rock veneer base on the smaller
gabled elements which bookend the front plaza gives way to glass used extensively around the
plaza spacc, drawing peoplc to the main cntry. The use of windows and glass, which exceeds the
required 20 percent of the street-facing wall area, provides natural light while serving to accentuate
a fluid relationship between the public and private spaces. The second floor elements are
cantilevered approximately eight feet out over the entry and plaza area, providing protection from
sun and rain for pedestrians. Additional assembly space on the main floor and second floor provide
viewing areas for the ice rink.
The Commission finds that in addition to the Basic Site Review, Detail Site Review and Lw'ge
Scale Development Design Standards, because the project is within one of Ashland's Historic
Districts it must also be considered in telms of the Historic District Development Standards which
call for consideration of building heights, scale, massing, setbacks, roof shapes, rhythm of openings,
platfonns, directiomil expression, sense of entry, and avoidance of imitation of previous
architectural styles in building design to maintain a consistency with the long-established
underlying architectural. themes of each district. The Planning Commission finds that while the
building is a large one and its design represents an iconic mixture of architectural styles, design
elements and materials, the unique physical constraints of the site and the nature of the building and
its proposed use serve to mitigate these issues, and the overall effect of the design is to create a
lodge-like building that is well-suited to the setting of Lithia Park. The Commission finds that
while the building is in a prominent location relative to the historic park, the physical constraints of
the location including the Ashland Creek riparian corridor and Winburn Way street corridor to the
front, the steeply-sloped and heavily- treed hillside to the rear, and skating rink/parking lot to the
side mitigate the building's bulk, mass, scale and iconic nature by providing a spatial buffer and
perceived separation from surrounding uses on three of its four sides, and that the applicants' efforts
to integrate the site and its proposed improvements and uses with the Ice Rink, Pioneer Hall and
I
PA #2010-01239
January II~, 2011
Page 8
Winburn Way pedestrian con-idol' are reflective of the Wlique role they propose to establish for the
building within the park and streetscape.
The Commission finds that the proposed design works well in the context of Lithia Park, that the
site work and building design proposed will contribute to developing a stronger sense of place, and
that the streetscape created will serve effectively to draw those who see it from near the great lawn
in the park. The Commission further finds that the architectural model provided gives a strong
illustration of the proposed building's suitability within the context of Lithia Park and Winburn
Way streetscape, and that the model and cross-section drawings when considered together largely
mitigate concerns over any impacts to views of Granite Street neighbors above the project.
2.5 Thc Planning Commission finds that a portion of the building's rear first floor encroaches
into hillside lands with severe constraints (due to slopes greater than 35 perccnt) in an area of
approximately seven feet by approximately 40 feet. The Commission fmther finds that placement
of the building as proposed will necessitate some vertical and near vertical cuts that will inltude
minimally into the base of the bank. The Commission finds that there is approximately 280 square
feet of encroachment into the sloped embankment at the northwest comer of the building with the
proposal, and that there will no grading or fills placed on the hillside, which will either remain in its
existing state or, if intelTupted, simply abut the proposed stlUcture.
Based on site observations and knowledge of the development proposal, the project's geotechnical
expelt has indicated that the site is suitable for the proposed development. The building itself is to
be designed to retain the existing slope while stabilizing erosion with temporalY shoring designed
by the project geotechnical expert to retain the slopes during construction. With the exception of
minor encroachments into the existing hillside to construct the rear retaining walls of the proposed
building, development will occur within the footprint of the existing sl1ucture and adjacent parking
area. Grading, vegetation removal, cut slopes, and shoring will be kept to the minimum necessaty
to construct the rear retaining walls and foundation of the proposed building. The project
geotechnical expelt has conducted preliminary geological reconnaissance to detennine that the
hillside is composed of highly weathered and fractured granitic bedrock, with local and thin
deposits of cemented alluvial dcposits and man-made fill present to a lesser degree. Surficial soils,
where present, consist of silty sand, and no groundwater seepage was observed during field
observations. The flat lower pOltion of the site at the base of the hillside is assumed to consist of a
thin layer of man-made fill over natural stream alluvium, which is composed in patt of potentially
very large boulders. Groundwater is assumed to be less than ten feet deep and subject to seasonal
fluctuations. During the geotechnical expert's field observations, bedrock discontinuities were
obscured by vegetation as well as the presence of the existing building; demolition of the building
and vegetation removal will allow further subsurface exploration to develop complete final
geotechnical recommendations, including soil engineering designs and foundation engineering to
mitigate seismic hazards, stabilize the slope and provide protection for the proposed building, as
well as soil engineering consl1uction observation and testing requirements for submittal with the
building pennit application. .
PA #2010-01239
January II "', 20 II
Page 9
The Commission finds thc proposed cncroachment into severe constraints lands to be appropriate
given the shallowness of the buildable area of the lot in relation to the slope, the minimal amount
of disturbance described in the application, and the geotechnical expert's observations and
recommendations.
2.6 The Planning Commission finds that the four pines proposed to be removed, Trees #1-#4,
are ill-suited to placement on the south side of a building, and that the proposed removal of the
apple tree (Trec #9) from its location within the canopy of the larger Oak (Tree # I 0) will reduce
competition for resources and thus benefit the Oak while allowing for the installation of
necessary electrical facilities and a new seating wall planned for the Pioneer Hall courtyard. The
Commission further finds that the proposed removals will have no negative impacts on erosion,
soil stability, flow of surface waters, protection of adjacent trees, existing windbreaks, or tree
canopy within 200 feet of thc subject propcrty. Thc Commission fUlther finds that with the two
trees (Trees #5 & #6) to be relocated from the circular planters within the sidewalk to a location
near the proposed skating rink building at the Nutley Street intersection, and the planting of II
mitigation trees to offset the five trees being removed, a more diverse canopy of trees will be
created on the site.
2.7 The Planning Commission finds that re-zoning of the site needs to be considered in light
of both the mutually-beneficial relationship between the proposed cafe and the existing buildings,
park, skating rink, and streetscape which is at the core of the proposal and more broadly in telms
of thc compatibility of potential future uscs of the cafe building with the specific context of the
block as an area of transition between the more intense uses of the nearby downtown core and the
Skidmore Academy historic district on Granite Street, keeping in mind the adjacent National
Register of Historic Places-listed Lithia Park with its riparian corridor and heavily-used
playground, the adjacent community-owned/family-oriented ice rink, and the existing
public/institutional buildings. The Commission finds that simply allowing the uses permitted
elsewhere in the C-I-D district could in some instances cases pose significant concerns in terms
of site-specific contcxtual compatibility. The _proposcd Developmcnt Agreement provides a
mechanism to limit incompatible uses while giving both the city and the applicants a level of
assurance as to the potential for future transition to uses other than those cUll'ently being
considered for the proposed building. The Planning Commission has accordingly made specific
recommendations (attached to these findings as Appendix A) to the City Council for inelusion in
the Development Agreement in order to insure that any future uses of the proposed building are
limited to those appropriate to the building's site-specific context. Of particular note:
Nightclubs & Bars: The Commission finds nightclub and bar uses to be incompatible
with this transitional location and its context within a National Register of Historic
Places-listed community resource like Lithia Park, adjacent to a family-oriented
community ice rink, across from a playground and very near an established historic
residential neighborhood, and they have accordingly been removed from the list of
PA #2010-01239
January 11", 20lt
Page 10
permitted uses which the Commission is recommending to Council for inclusion in the
Development Agreement. The Commission fUlther finds that alcohol could be served in
a restaurant use on the location provided that food service remains the primary use and
focus, and that alcohol service or any potential entertainment component would remain
secondary.
HotelslMotels: The Commission finds that hotels and motels arc among the only uses
requiring that off-street parking be provided within the C-I-D district. Given that the
applicants are proposing to construct the building with no room for on-site parking, the
Commission finds hotel or motel use would require a Variance, and further finds that it
would be difficult to find such a Variance not to be self-imposed by the specifics of the
current development proposal. The Commission accordingly recommends that hotels and
motels be removed from the conditional uses allowed in the Development Agrccment.
Medical Offices: The Commission finds that while medical offices are an outright
permitted use in the C-I-D district, they pose a concern in this location. Unlike many
other uses, medical office uses are typically primary destinations as patients are unlikely
to combine medical procedures with other downtown activities. The Commission further
finds that medical office uses typically bring a much more intense and constant parking
demand due to a higher number of employees and a high-volume of patients rotating in
and out constantly through the day, with little seasonal fluctuation. The Commission
finds that while a medical office use may work in this location under limited
circumstances, such a use would need to be carefully considered given that it was likely
to be a primary rather than secondary destination, with higher parking demand and higher
volumes of patients and employees. The Commission has accordingly recommended
moving Medical Offices to a conditional use within the Development Agreement.
The Commission further finds that development of the site brings with it the potential for
significant impacts to the sUlTounding propertics including the adjacent park, skating rink/parking
lot, neighboring homes and businesses, and the WinbUlTI Way streetscape, and that these impacts
must be carefully considered and addressed through the Development Agreement in order to
minimize disruptions. The Commission recommends that the Development Agreement be crafted
to ,address not only a timeline for demolition and construction, but also its staging so as to avoid
unforesccn or extended disruptions to nearby circulation or parking, palticularly during the peak
season.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the
proposal for a Comprehensive Plan Map Amendment and Zone Change fi-om Single Family Residential
(R-I-7.5) to Commercial Downtown (C-I-D), Physical & Environmental Constraints Review Permit,
Tree Removal Permit to remove five trees, Site Review approval to construct a new 10,632 square foot
cafe/restaurant, and a Development Agreement for the two propet1ies located at 85 Win bum Way and
PA #2010.01239
January J I"', 201]
Page II
the adjacent ice rink lot portion of Tax Lot # 1 00 of Map 39 1 E 09 is supported by evidence contained
within the whole record.
However, the Commission further concludes that the evidence presented to merit a zone change for the
remaining propeliies (the RobelislMattson parking lot, Community Center or Pioneer Hall) is inadequate
and fails to meet the burden of proof, and the request to change the zoning of those propeliies is
accordingly denied.
Therefore, based on our overall conclusions, and upon the proposal being subject to the following
conditions, we approve Planning Action #2010-0]239 only for those two properties located at 85 WinbwTI
Way and the adjacent ice rink lot portion of Tax Lot #100 of Map 39 IE 09. Fwiher, if any of the
conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2010-01239 is
denied. The following are the conditions and they are attached .to the approval:
I) That all proposals of the applicant shall be conditions of approval unless othcrwise modificd
here.
2) That the plans submitted for the building pelmit shall be in substantial conformance with those
approved as pali of this application. If the plans submitted for the building permit are not in
substantial conformance with those approved as patl of this application, an application to modif'y
this approval shall bc submitted and approved prior to issuance of a building permit.
3) That a sign permit shall be obtained prior to in~tallation of any new signage. All signage shall
meet the requirements of Chapter 18.96.
4) The approved uses of the site shall be limited to those explicitly established in the Development
Agreement.
5) That prior to the submittal of a building permit:
a) All easements, including public and private utility easements, mutual access easements,
public pedestrian access easements, and firefighter access pathway easemcnts shall be
identified in the building permit submittals.
b) That a stOlmwater drainage plan shall be submitted for the review and approval of the
Planning, Building, and Engineering Divisions.
c) Enginecred construction drawings for the improvements to Winbuln Way shall be
provided for the review and approval of the Planning and Engineering Depaliments prior
to building pelmit submittal and prior to any work within the street right-of-way or
pedestrian corridor. The final engineered designs shall include details for full-drop apron
wings where the sidewalk crosses the driveway to the Ice Rink. The applicants shall
obtain necessaty Public Works permits and inspections for work to be completed within
the public right-of-way; concrete color selection shall the standard approved color within
Ashland's Historic Districts.
d) 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 mainsc
PA #2010-01239
January Il~, 20 II
Page 12
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.
e) 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. The plan shall address maintaining line truck access to the
three-phase transformer free of any obstructions including the trash enclosure, and shall
address how the existing services to the Community Center and Pioneer Hall are to be
relocated. This plan shall be reviewed and approved by the Planning, Building,
Engineering and Electric Departments prior to building permit submittal. TransfOlmers
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.
f) That exterior building materials and paint colors shall be compatible with the surrounding
area, and sample exterior building colors shall be provided with the building permit
submittals for review and approval of the Staff Advisor. Bright or neon paint colors shall
not be used in accordance with 1I-C-2f) of the Detail Site Review Standards.
g) That the windows on the ground floor shall not be tinted so as to prevent views from
outside ofthc building into the interior of the building. The building plan submittals shall
also include specifications for treatment of the glass on the ccntral glass roof element
demonstrating that it shall not create glare to surrounding properlies.
h) That the building's foundation shall be designed by an engineer or architect with
demonstrable geotechnical design experience in accordance with 18.62.080.F, and a final
comprehensive geotechnical investigation rep0l1 and specific soil engineering design
recommendations shall be provided along with written verification from the project
geotechnical experts addressing the consistency of the building pelmit design submittals
with these geotechnical recommendations (e.g. foundation plan, grading plan and
drainage plan, required geotechnical inspection schedule, etc.) with the building permit
submittals.
i) That the applicants develop a construction timing, staging and circulation plan to
minimize impacts to nearby parking and circulation to the greatest extent possible for the
review and approval of the Staff Advisor and Public Works Director prior to the issuance
of a building pcrmit.
6) That prior to the issuance of a building permit:
a) That the recommendations of the Tree Commission's November 4lh, 2010 meeting shall
bc conditions of approval where consistent with applicable standards and with final
approval by the Staff Advisor, and shall be incorporated into a revised Tree Preservation
and Protection Plan (if necessary).
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 the removal of the five trees to be
removed from the site or the two trees to be relocated, and prior to site work including
demolition, storage of materials and/or issuance of a building permit. The Verification
PA #2010-01239
January 11",20 II
Page 13
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 including demolition or tree removal,
storage of materials and/or issuance of a building permit.
c) That the applicants shall obtain approval of a DemolitionlRelocation Permit through the
Building Division and any necessary inspections associated with the demolition of the
cxisting structure. .
d) The applicant shall provide a revised Landscape/llTigation Plan which addressed the
Water Conserving Landscaping Guidelines and Policics of the Site Design and Use
Standards, including irrigation controller requirements to allow multiplelflexible calendar
programming. The revised landscape plan shall include planting details for the green roof
with plant selections suited to Ashland's climate and consistent with the Water
Conserving Landscaping Guidelines.
e) 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.
f) All mechanical equipment shall be screened from view from the Winburn Way
streetscape. The locations of mechanical equipment and any associated screening shall be
shown on the site plan and elevations in the building pelmit submittals.
g) The requirements ofthe Building Division shall be satisfactorily addressed, including but
not limited to requirements that the grease interceptor be relocated to an area where it can
bc scrviced during business hours and which is less susceptible to odor during selvicing.
h) The requirements of the Ashland Fire Depallment shall be satisfied, including that all
addressing shall be approved prior to being installed; that an approved firefighter access
pathway be provided and maintained around the building; that adequate fire flow be
provided; that adequate clearance be provided around hydrants; that any gates, fences or
other obstructions which could impede fire access shall be identified on all plans for the
review and approval of the Fire Department; that high piled storage requirements be
addressed in the permit submittals, if applicable to the final proposal; that a fire
depllltment connection and key box be provided; and that the trash enclosure not be
placed under combustible overhangs OJ' within five feet of openings.
i) That the tree protection, erosion control or shoring measurcs shall be installed according
to the approved plan prior to any.site work including demolition, storage of materials,
issuance of an excavation permit and issuance of a building permit. The erosion control
measures shall be installed as identified in the geotechnical repOJ1. Tree protection,
crosion control and shoring measures shall be inspected and approved by the applicants'
geo-technical engineer and the Staff Advisor prior to other site work, storage of materials,
the issuance of an excavation permit, and/or the issuance of a building permit.
7) That prior to the issuance of a cellificate of occupancy:
a) That the screening for the trash and recycling enclosure shall be installed in accordance
PA #2010-01239
January I''', 20 I J
Page 14
with the Site Design and Use Standards. An opportunity to recycle site of equal or greater
size than the solid waste receptacle shall be included in the trash enclosure in accordance
with 18.72.l15.B.
b) All landscaping and the irrigation systems shall be installed in accordance with the
approved plan, inspected and approved by thc Staff Advisor prior to the issuance of a
certificate of occupancy.
c) 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 il1'igated.
d) All public and private improvements, including but not limited to the proposed
cafe/restaurant and ice rink buildings, sidewalks, drop-off areas, street trees, street
lighting, and Pioneer Hall courtyard improvements including the seating wall shall be
completed in a manner consistent with the approved plans and developmcnt agreement
prior to final occupancy approval. The ice rink support building shall accommodate all of
the uses noted (administrative office space, skate storage/rental, public restrooms and
zamboni garage) and be adequately sized to do so; shall be architecturally compatible
with thc park, neighborhood and proposed cafl! building; shall be designed with input
from the Parks and/or Historic Commissions; and its dcsign development, land use
approval process, permitting and associated fees and charges, and construction of the
building shall be the sole financial responsibility of the applicants.
~n4nawlL../
Planning Commission Approval
th
January II . 201 I
Date
PA #2010.01239
January 11~, 2011
Page 15
APPENDIX A
PLANNING COMMISSION RECOMMENDATIONS
FOR INCLUSION IN THE DEVELOPMENT AGREEMENT
FOR 85 WINBURN WAY (ICE RINK & CAFE LOTS)
Recommended LIst of Permitted Uses.
The following uses and their accessory uses are recommended to be permitted outright:
A. Professional, financial, and business offices, and personal service establishments such as
beauty and barber shops.
B. Stores, shops and offices supplying commodities or performing services. such as an antique
shop, artists supply store, or non-chain department store.
C. Restaurants. {The Planning Commission asked that staff work with the applicants and
Council to clarify the Development Agreement to make clear that while nightclubs and
bars have intentionally been removed from this list as incompatible with this
transitional location and its context within a National Register of Historic Places-listed
community resource like Lithia Park, adjacent to a family-oriented community ice rink,
across from a playground and very near an established historic residential
neighborhood, it was anticipated that alcohol could and would be served in any
restaurant provided that food service remained the primary use and that alcohol service
or any potential entertainment component would remain secondary.}
D. Theaters, but not including a drive-in.
E. Manufacture or assembly of items sold in a permitted use, provided such manufacturing or
assembly occupies six hundred (600) square feet or less, and is contiguous to the
permitted retail outlet.
F. Printing, publishing, lithography. xerography, copy centers.
G. Temporary tree sales, from November 1 to January 1.
H. Public and quasi-public utility and service buildings, and public parking lots, but excluding
electrical substations.
Recommended List of Special Permitted Uses.
The following uses and their accessory uses are permitted outright subject to the
requirements of this section and the requirements of Chapter 18.72, Site Design and Use
Standards.
A. Bowling alleys, auditoriums, skating rinks, and miniature golf courses. If parking areas are located
within 200' of a residential district, they shall be shielded from residences by a fence or solid vegetative
screen a minimum of 4' in height.
B. Residential uses.
1. At least 65% of the total gross floor area of the ground floor, or at least 50% of the total
lot area if there are multiple buildings shall be designated for permitted or special
permitted uses, excluding residential.
PA #2010-01239.
January 11"'.2011
Page 16
2. Residential densities shall not exceed 30 dwelling units per acre in the C-1 District, and
60 dwelling units per acre in the C-1-D District. For the purpose of density calculations.
units of less than 500 square feet of gross habitable floor area shall count as 0.75 of a
unit.
3. Residential uses shall be subject to the same setback, landscaping, and design
standards as for permitted uses in the underlying C-1 or C-1-D District.
4. Off-street parking shall not be required for residential uses in the C-1-D District.
5. If the number of residential units exceeds 10, then at least 10% of the residential units
shall be affordable for moderate income persons in accord with the standards
established by resolution of the Ashland City Council through procedures contained
in the resolution. The number of units required to be affordable shall be rounded down
to the nearest whole unit.
Recommended List of Conditional Uses.
The following uses and their accessory uses are permitted when authorized in accordance
with the chapter on Conditional Use Permits:
A. Medical Offices {Medical offices are an outright permitted use in the C-1-D district;
Commissioners were generally concerned that unlike many of the other uses, medical
office uses are typically primary destinations (i.e. a patient is unlikeiy to see a play,
have dinner, walk in the park, shop in the downtown and then stop in for an impromptu
medical procedure). In addition, these uses typically bring a much more intense and
constant parking demand due to a higher number of employees and a high-volume of
patients rotating in and out constantly through the day, with little seasonal fluctuation.
The Commission felt that a medical office use might work here under limited
circumstances but felt generally that such a use would need to be carefully considered
given that it was likely to be a primary rather than secondary destination, with higher
parking demand and higher volumes of patients and employees.}
B. Temporary uses.
C. Outdoor storage of commodities associated with a permitted, special permitted or
conditional use.
D. Churches or similar religious institutions.
Prohibited Uses tAs Proposed bv the Applicants)
. The following uses are to be explicitly prohibited with this approval:
Formula or "chain" stores and restaurants are prohibited. For the purpose of this Development
Agreement, a formula store or restaurant is a company with ten (10) or more store or
restaurant locations nationally, in addition to having two or more of the following
characteristics: "branded" trademark. merchandise, uniforms, facade, signage, decor and
color. If the formula or "chain" store or restaurant is based in Ashland as its original or
"flagship" store or restaurant location, then the use shall be considered permissible under this
section. {The applicants noted that there was some possibility that they would open
PA #2010-01239
January I JIh, 2011
Page 17
another store elsewhere between the approval of the Development Agreement and
construction of the proposed building, and asked for some flexibility to ensure that
whether there was another store elsewhere or not that Ashland was considered their
flagship location. The Planning Commission had no objection to this flexibility.}
Heinht Limitations (As Proposed bv the Applicants}
The following limitations on building height, which are more restrictive than those applied
elsewhere in the C-1-D district, would apply to the properties granted zone change with this
approval:
Structures which are greater than 30 feet in height, but less than 40 feet, may be permitted as
a conditional use unless approved as part of Planning Action #2010-01239. The definition of
height shall be as defined in Section 18.08.290.
Alternative Transportation Mode Encouraaement ProQram
The applicants shall provide a multi-modal transportation plan which includes but is not limited to a
staff coordinator to coordinate ride shares, provide bus passes to employees who request them,
provide significant amounts of bicyCle parking, and showers for bicycle commuters. {The Planning
Commission indicated that they believed it was important that the applicants do everything
possible to encourage employees and customers to utilize alternative modes of transportation
as a means to mitigate a portion of the parking impacts associated with the proposal. The
applicants stipulated that they would be willing to assign a staff member to coordinate ride
shares, provide bus passes to employees who wanted them, and do "everything within
reason" to encourage alternative modes.}
PA #2010-01239
JanuaI)' II '': 20 II
Page 18
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CITY OF
ASHLAND
.
Council Communication
Resolution in support of a Request for ODOT Safe Routes to School Funds
Meeting Date: January 18,2011 Primary Staff Contact: Michael R. Faught
Department: Public Works/Engineering E-Mail: faughtmlalashland.or.us
Secondary Dept.: Finance Secondary Contact: Jim Olson
Approval: Martha Benne Estimated Time: Consent
Question:
Will the Council adopt a resolution supporting the application for a Safe Routes to School Grant in the
amount of $300,000?
Staff Recommendation:
Staff recommends adoption of the resolution supporting the application for a Safe Routes to School
Grant in the amount of$300,000.
Background:
The Oregon Department of Transportation (ODOT) has announced that applications for funding for the
Safe Routes to School (SRTS) projects will be accepted this month. The City of Ashland previously
submitted a notice of intent to apply for this grant to fund the construction of an improved cross-walk
on East Main Street at Campus Way for an estimated cost of$312,000. The City will provide $12,000
of that amount as a match. This project has been recommended by the Ashland Transportation
Commission.
The crosswalk improvements include the installation of a High intensity Activated crossWalK
(HA WK) pedestrian beacon, which is a pedestrian activated traffic light. The HAWK system, which is
relatively new, has been shown to be far superior, but more costly, than the pedestrian activated
beacons installed on Siskiyou Boulevard.
The HA WK system was recently approved and included in the Manual on Uniform Traffic Control
Devices (MUTCD) in 2009. The HAWK consists ofa signal head mounted on a mast arm or road side
posts which can be activated by pedestrians wishing to cross the street. The signal head consists of
two red lights over a single yellow light. Th,e signal head is dark until it is activated by a pedestrian.
When pedestrians want to cross the street, they press a button that activates the warning flashing
yellow light. After a set amount of time, the flashing yellow light changes to a solid yellow light to
inform drivers to prepare to stop. The unit then displays a dual solid red light for drivers and a walking
person symbol for pedestrians. The unit then displays an alternating flashing red light, and pedestrians
are shown a flashing upraised hand (symbolizing don't walk) with a countdown display advising them
of the time remaining to complete the street crossing. During the alternating flashing red lights, drivers
can proceed after coming to a full stop and checking that pedestrians have already crossed their lane of
travel. Following the flashing red stage, the unit again goes dark.
The HAWK signal was developed in Tucson Arizona and was thoroughly analyzed by the Texas
Transportation Institute and the Federal Highway Administration. The results of that study showed a
29 percent reduction in total crashes and a 69 percent reduction in pedestrian crashes.
Page I of3
~~,
CITY OF
ASHLAND
Established Need
In response to numerous requests from parents of students attending the Willow Wind, John Muir
Walker Elementary and Ashland Middle Schools, the Transportation Commission reviewed the need to
establish an improved crosswalk on East Main Street at Campus Way. In preparation for the TC's
review, the Engineering Division completed a detailed traffic study of the area. The study included an
analysis of traffic volumes, speed and turn movements within the study area. Crash rates were
reviewed and a study of traffic gaps was completed. Pedestrian and bicycle patterns, routes and
volumes were also analyzed.
Due to heavy traffic volume (8000 vehicles per day) the study recommended that a pedestrian crossing
was warranted, but the crossing must include an active pedestrian activated beacon system. The
Transportation Commission agreed with the findings of the traffic study and further recommended that
staff begin an immediate search for funding to improve this crosswalk.
SRTS Grant
The Safe Routes to School Grants were developed to provide safety improvements within a two-mile
radius of any qualified K-8 school facility. The SRTS grants are two part grants including a planning
phase and an infrastructure phase. Theplanning phase, which also includes some grant opportunities,
must be completed prior to applying for the infrastructure grant. The planning phase was completed as
a joint venture between Walker Elementary School, Rogue Valley Transportation District, Ashland
P.T. 0., Ashland Transportation Commission and City Staff. This effort, which was completed in
2009, resulted in an Action Plan that was forwarded to ODOT.
With the completion and acceptance of the Action Plan and the Notice ofIntent to apply, the City is
now eligible to apply for the infrastructure phase of the SRTS grant. Eligible SRTS projects include
those that enhance opportunities for children to walk or ride bicycles from home to school, that
promote a healthier lifestyle through walking and bicycling to school, or that focus on safety, traffic
reduction, and air quality improvement around school facilities. Projects are expected to be' within a
$200,000 to $500,000 funding range.
Ashland's application meets all of the requirements of the grant and would provide very positive safety
,improvements for all of the students attending the Willow Wind, John Muir, Walker Elementary and
Ashland Middle Schools.
Related City Policies:
The Ashland City Council may accept grants and other funding offers on behalf of the City.
Council Options:
. The Council may approve the attached resolution supporting the application of a SRTS grant in
the amount of $300,000.
. The Council may decline to approve the application; however, there is insufficient time to
propose an alternative grant project for this year.
Page 2 of3
~~,
CITY OF
ASHLAND
Potential Motions:
. Move to approve the attached resolution in support of a SRTS grant in the amount of $300,000.
. Move to deny approval of the attached resolution in support ofa SRTS grant.
Attachments:
1. Photo of HA WK
2. Resolution
Page) of 3
~~,
RESOLUTION NO. 2011-
A RESOLUTION SUPPORTING THE REQUEST FOR OREGON
DEPARTMENT OF TRANSPORTATION'S SAFE ROUTES TO SCHOOL
FUNDS IN THE AMOUNT OF $300,000 TO BE USED TO CONSTRUCT
THE EAST MAIN STREET IMPROVED CROSSWALK PROJECT
Recitals:
A. The City of Ashland is committed to providing a safe route to school for all children
attending Ashland's public and private schools.
B. The City desires to enhance opportunities for children to walk or ride bicycles in order to
promote a healthier lifestyle.
C. To further these goals, the City of Ashiand has applied for a Safe Routes to School grant to
construct an improved crosswalk across East Main Street at Campus Way.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION]. The City of Ashland supports and will accept a grant offer of the State of Oregon
in the amount of $300,000 for the purpose of constructing the Project.
SECTION 2. The Ashland City Administrator is authorized and directed to sign the statement of
acceptance of the grant offer on behalfofthe City of Ashland.
SECTION 3. A true copy of the grant application is attached, as Exhibit A and hereby
incorporated by this reference.
SECTION 3. This resolution was duly PASSED and ADOPTED this
, 20 II, and takes effect upon signing by the Mayor.
day of
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2011.
John Stromberg, Mayor
Reviewed as to form:
Megan Thornton, Interim City Attorney
Page I of 1
CITY OF
ASHLAND
Council Communication
Authorization of Telecommunication Franchise to LS Networks
Meeting Date: January 18,2011 Primary Staff Contact: Megan Thornton
Department: City Attorney E-Mail: thomtm@ashland.or.us
Secondary Dept.: Information Tec Secondary Contact: Rob Lloyd
Approval: Martha Benne Estimated Time: Consent
Question:
Should the City Council approve a telecommunications franchise for LS Networks?
Staff Recommendation:
Staff recommends the Council approve the franchise agreement for LSNetworks.
Background:
LightSpeed Networks, Incorporated (dba "LS Networks") requested the City of Ashland grant it a
franchise to provide telecommunications services in the community. LS Networks stated their initial
scale and installation will be limited to data transmissions, but it requested a franchise that would allow
it to increase the services it offers at a later date.
The attached Franchise Agreement provides LS Networks with a standard five-year agreement, as
allowed under the City Charter, the City's ordinances, and Federal law. All telecommunications
franchises granted by the City allow use of the City's rights-of-way, and this right is.non-exclusive.
The franchise fee for LS Network shall be the fees established in AMC 16.24.070. The City has the
right to inspect and examine documentation of gross revenues. to determine that the calculation of fees
under the Franchise Agreement by LS Networks is correct.
The City Council may review its rights-of-way administration ordinance and fees for
telecommunications franchises in 2011. If a new franchise ordinance is adopted it would apply to LS
Networks franchise. The grant of this franchise is not anticipated to prohibit that review, or affect the
City's other franchisees.
Related City Policies:
I) Ashland Municipal Code Title 16
2) City Council Resolution No. 99-70
Council Options:
The Council can authorize the Franchise Agreement as presented, or direct staff to make modifications
and bring the agreement back for consideration at a later time.
Potential Motions:
Move that Council [authorize/decline to authorize] the attached Franchise Agreement for Light Speed
Networks.
Attachments:
LS Networks Franchise Agreement
Page 1 ofl
~~,
FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT ("Agreement") is made and entered into by and between the
City of Ashland, an Oregon municipal corporation ("City") and LightSpeed Networks, Inc., dba
LS Networks, an Oregon corporation ("Grantee").
RECITALS
1. Pursuant to Federal law, State statutes, and City Charter and local ordinances, the City is
authorized to grant non-exclusive franchises to occupy public rights-of-way, as defined by
Ashland Municipal Code ("AMC") 16.04.040, in order to construct, operate, and maintain a
telecommunication system within the municipal boundaries of the City of Ashland
("Franchise Area");
2: Grantee has requested a franchise to place and operate a telecommunications system, as
defined in AMC 16.04.040, within the City's public rights-of-way; and
3. The City has found that Grantee meets all lawful requirements to obtain a franchise, and
therefore approves the application.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree
as follows:
Section I: Grant of Franchise. The City hereby grants to Grantee a nonexclusive franchise to use
the public rights-of-way with the City to provide telecommunications services.
Section 2: Term. The term of this Agreement shall be five (5) years, commencing with the
effective date set forth in Section 8.
Section 3: Franchise Area. The Grantee is authorized by this franchise to use public rights-of-
way throughout the City, as the City limits may exist now or in the future, for the provision of
telecommunications services.
Section 4: Performance.
(a) During the term of this Agreement, the Grantee agrees to comply with all lawful terms and
conditions of AMC Title 16, the provisions of which are incorporated herein as though fully set
forth.
(b) To the extent any lawful City rule, ordinance or regulation, including any amendment to the
provisions of AMC Title] 6, is adopted on a jurisdiction-wide basis and is generally imposed on
similarly situated persons or entities, the rule, ordinance or regulation shall apply without need
for amendment of this Agreement. The City shall provide Grantee notice of any such change in
law.
Section 5: Franchise Fee.
(a) As consideration for the use of the City's public rights-of-way, Grantee shall remit to the
City the maximum applicable franchise fee established in AMC 16.24.070 and allowed by
federal and state law. Any applicable fees established by Council resolution pursuant to AMC
16.24.070 shall apply. Grantee agrees to pay all amounts by the dates required in AMC
16.24.070 and will be subject to interest and penalties established in the AMC.
(b) Grantee acknowledges and agrees that the applicable franchise fee due hereunder may vary
based on its telecommunications facilities and/or the telecommunications services provided in
the City. With each franchise fee payment Grantee shall submit detailed documentation showing
its calculation of the franchise fee paid.
(c) The City shall have the right to conduct or cause to be conducted, a special examination of
gross revenues for the purpose of ascertaining whether Grantee's franchise fee payments have
met the requirements of this franchise. Any difference of payment due either the City or Grantee
following a special examination shall be payable within thirty (30) days after written notice to
the affected party.
Section 6: Franchise Nonexclusive. The franchise hereby granted is not exclusive, and shall not
be construed as any limitation on the nght of the City to grant rights, privileges and authority to
other persons, corporations or to itself to make lawful use of the City's public rights-of-way.
Section 7: Notices. Unless specifically provided otherwise in AMC Title 16, all notices shall be
mailed, postage prepaid, to the following addresses or to such other addresses as Grantee or the
City may designate in writing:
If to Grantee:
LS Networks
921 SW Washington Street, Suite 370
Portland, Oregon, 97205
If to City:
Director, City of Ashland Information Technology Department
90 N Mountain A venue
Ashland, Oregon 97520
Section 8: Effective Date. This Agreement shall take effect on the date it is fully executed by
authorized representatives of the City and Grantee. This Agreement may be executed in one or
more counterparts, each of which shall be deemed an original, and such counterparts shall
constitute one and the same instrument.
CITY OF ASHLAND
By:
Title:
Date:
GRANTEE
By:
Title:
Date:
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Update on Transportation System Plan
January 18,2011 Primary Staff Contact: Michael Faught
Public Works E-Mail: faughtm@ashland.or.us
Com. Dev. Secondary Contact: Bill Molnar
Martha Benn Estimated Time: 30 Minutes
Question:
Does the Council have questions for the consultant team of Kittelson and Associates, Inc. regarding the
status of the Transportation System Plan?
Staff Recommendation:
This is not an action item.
Background:
Marc Butorac, Principal Engineer with Kittelson and Associates will present a project update of the
ongoing Transportation System Plan (TSP). He will provide an overview of the work that has been
completed since the last October 4,2010 report.
The primary TSP update activity since the October 4, 20 10 meeting has been focused on Pedestrian
Places as outlined in Chapter 6 of the Request for Proposal (RFP) and upon the development of the
first five white pages on topics outlined in Chapter 7.
Pedestrian Places Proiect
The Community Development Department is conducting a study of three locations as Pedestrian
Places - N. Mountain Ave./E.Main St., Walker Ave./Ashland St., and Tolman Creek Rd./Ashland St.
Pedestrian Places are small walkable nodes that provide a concentration of gathering places, housing,
businesses and pedestrian amenities grouped in a way to encourage more walking, bicycling and transit
use. The land uses and buildings in and around Pedestrian Places are typically a mix of housing and
services to provide a variety of places within easy walking distance. Amenities may.include plazas,
bus shelters, shade and seating, drinking fountains, public art, landscaping, information displays, and
bicycle parking. Pedestrian Places can help create vibrant, livable places where people congregate, and
can function as neighborhood centers.
The Pedestrian Places project originated from a presentation on "Designing Great Arterial Streets" in
September 2007 that was sponsored by the City of Ashland, and conducted by the Oregon
Transportation and Growth Management (TGM) Program. The workshop was held because city
leaders were evaluating the arterial front yard setback, and discussing the quality of the City's five
arterial streets (N. Main St., E. Main St., Lithia Way, Siskiyou Blvd. and Ashland St.). In particular,
the presenters noted how sections of Siskiyou Blvd. and E. Main St. seem to work well for pedestrians,
bicyclists and motorists, but then reached a point where the more walkable neighborhoods ended. The
idea of creating Pedestrian Places in these transitional areas was suggested as a way to begin extending
walkable neighborhoods to other locations in Ashland. The Planning Commission expressed interest
in the suggestion, and Community Development Department staff pursued funding for the project.
Page I of6
~~,
CITY OF
ASHLAND
The City of Ashland received a grant from the Transportation and Growth Management (TGM)
Program to partially fund a Transportation System Plan (TSP) update. The Pedestrian Places study is a
component of the TSP project. The TGM program is a joint program of the Oregon Department of
Transportation (ODOT) and the Department of Land Conservation and Development (DLCD), and is
designed to integrate transportation planning with the statewide land use planning program. The TGM
program is supported by state and federal funds. Ultimately, the City Council affirmed the project as
part of the Transportation System Plan (TSP) update in June 2010.
The sites selected for the Pedestrian Place project have future development potential because of vacant
or redevelopable lots surrounding the intersections. The project is an opportunity to plan for those
areas ahead of time, so that the community's vision and needs for the area are incorporated into the
development standards. The development standards could address items in the physical environment,
such as the buildings, sidewalks, trees, streets, landscaping, plazas and public spaces. When a proposal
comes forward to build a new building or add onto an existing building in the core area, the project
could be required to satisfy the development standards established as part of the Pedestrian Places
project.
In planning for future Pedestrian Places, there are two primary areas of consideration - integrating
community-wide needs, and creating attractive and functional places for the people living and working
within walking distance of the intersections. Community-wide needs include addre~sing the City's
long range land use and transportation goals such as accommodating future population and
employment growth, making streets convenient, safe, accessible and attractive for all users, and
promoting livability in neighborhoods. At the same time, Pedestrian Places can be designed to
accentuate a neighborhood's identity and to create vibrant, livable places.
By state law, Ashland is required to plan for population and employment changes in the future.
Population projections indicate that Ashland will grow by an average of approximately I % a year, or a
total of 5,000 additional residents by 2030. Employment projections show an average employment
growth rate of .75% of year, or an additional 2,000 employees by 2027. The City Council recently
reaffirmed the long-standing community policy of accommodating growth with the City's existing
Urban Growth Boundary (UGB), as opposed to growing outward into surrounding farm and forest
lands, as part of the Regional Problem Solving (RPS) process. In'balancing the projected population
and employment growth with the community's desire to retain a distinct boundary and prevent
sprawling development, projects such as Pedestrian Places provide opportunities to examine using land
more efficiently for residential and employment purposes. Additionally, the Pedestrian Places project
allows the community to consider sustainable development measures such as incorporating green street
infrastructure that treats storm drainage in landscape medians and planting strips, integrating
affordable housing opportunities, reducing carbon emissions by providing transportation options,
allowing residential densities that support public transit, and taking advantage of compact building
design to reduce the footprint of new construction.
Project Status
The planning process is at the midway point. at the "design studio" stage. For each of the three
locations - N. Mountain Ave.lE. Main 51., Walker Ave.lAshland 51., and Tolman Creek Rd.lAshland
5t. - there is a draft vision statement. opportunity sites map and an illustration plan for an opportunity
site. Attached is the map showing the three study areas with the corresponding 5 and 10 minute walk
Page 2 of6
~~,
CITY OF
ASHLAND
zones, as well as the draft vision statement, opportunity sitc map and illustration plans that were
presented at the second workshop on December 8.
The public participation process includes a series of three public workshops, the development ofa
project web page. as well as the introduction of Open City Hall. The public workshops are coordinated
with the phases of the project, and include the use of small working groups to allow participants to
review the current project materials and provide feedback. Planning Commissioners and
Transportation Commissioners servc as thc small group facilitators. Approximately 675 notices were
mailed to properties within a 10-minute walk (\12 ofa mile) of the study areas announcing the public
workshops. Additional public outreach efTorts have included distributing workshop Hyers to
businesses locatcd in the core arcas, sending Ictters to and calling propcrty owners in corc arcas
inviting them to one-on-one meetings, scnding workshop flyers to local service clubs, sending press
releases to local newspaper and television stations, posting workshop announcements on R VTV,
including workshop announcements in the City Source, and posting workshop announcemcnts on the
City's web site. The summary of comments from the first and second workshop is attached, and a
summary of the meetings is below. The project web page is www.ashland.oLus/pedplaces, and
includes project background, meeting schedule and materials.
A new citizen engagement tool called Open City Hall (www.ashland.of.us/opencitvhall) is being tcsted
in conjunction with the Pedestrian Places project. Open City Hall is an on-line forum which provides
citizens that cannot or choose not to attend the public workshops an opportunity to learn about and
comment on the Pedestrian Places project. A summary of the activity and comments submitted to
Open City Hall for the first topic, and a report on user participation and satisfaction are attached.
. Is! Public Workshop: The first public workshop was held on October 27,2010 at Ashland
Middle School with approximately 30 people attending. Workshop participants worked in
small groups, and provided their thoughts on the important building blocks, neighborhood
character and needed improvements for each Pedestrian Place location. The same materials
were posted on Open City Hall shortly thereafter for interested citizens to review and provide
comments.
. 2nd Public Workshop: The second public workshop was held on December 8, 2010 at
Ashland Middle School with approximately 30 people attending. Workshop particip'ants broke
into small groups, and provided input on the draft vision statements, opportunity sites and
illustration plans for the three locations. Additionally, the workshop materials were posted on
Open City Hall shortly thereafter so that interested citizens can review and provide comments.
. 3'd Public Workshop: The third public workshop is scheduled for February 22, 20 II from
7pm to 9pm at the Ashland Middle School Commons. At the third public workshop, the draft
concept plans and recommended implementing code and strategies will be presented for
discussion.
. Planning Commission Study Session: A follow-up meeting to review the refjned draft
concept plans will be held at a Planning Commission study session on March 29. 20 II.
Pagc3 of 6
~~,
CITY OF
ASHLAND
Next Steps
The project deliverables include a concept plan for the three locations. The concept plans will include
streetscape, elevation and street improvement drawings to illustrate the envisioned development, and
recommendations for land use and transportations regulations to support the desired development.
The third workshop on February 22 will present the draft concept plans and request feedback from the
general public. After the third workshop, the draft concepts will be refined based on the additional
citizen input, and then presented to the Planning Commission on March 29. Should the project move
forward, staff will develop implementing ordinances based on the recommendations in the concept
plans. Subsequent to completion of draft code language, the plans would move through the formal
adoption process.
In addition to pedestrian places, the consultant began working on Chapter 7 of the RFP which includes
an evaluation of road diets, shared roads, bicycle connectivity and boulevards, transit, commuter rail,
freight, airport, etc. Because of the complexity and number of concepts under review in chapter 7, the
consultant is preparing brief conceptual white papers on each subject matter that will both frame the
potential for each idea in Ashland and serve as a starting point for the TC/PC to begin their
deliberations as they process the best options for our community.
-'
The process will require four additional Transportation Commission and Planning Commission
(TC/PC) meetings that will not exceed the approved budget. The consultant plan for introducing the
white papers to the TC/PC is as follows:
Delivery Group White Paper Topics
Railroad Crossing/Pedestrian and Bicycle Overcrossings
Road Diet
Delivery Group I Streetscape Patios
Offset Intersection Realignment Plan
Other Modes of Transportation
Roundabouts
Delivery Group 2 Bike Route Connectivity and Bike Boulevards
Shared Streets
Green Street Standards
Funding Programs
, Transit/Rapid Transit
Delivery Group 3 Will Dodge Way (optional)
Multiuse Trails
Safe Routes to School
Passenger Rail/Commuter Rail
Downtown Access Plan .
Delivery Group 4 Streetcar
High Densitv Housing
Access Management Plan
Page40f6
~~,
CITY OF
ASHLAND
Freight
Delivery Group 5 Airport
Special Transportation Area
Addition of an 1-5 Exit
Proiect Summarv
The TSP update is funded, in part, by a Transportation Growth Management (TGM) grant
administered by ODOT. On June 1,2010 the Council approved an intergovernmental agreement
between the City and ODOT to complete the update at a total cost of $416,740. (The City's
contribution is $241,740.)
The project began on June 28, 2010 with the "kick-off" meeting. The first efforts were directed toward
the formation of a Technical Advisory Committee (T AC) to provide input and guidance throughout the
project pulling combined Transportation and Planning Commissions together to take the lead on the
TSP update process.
The T AC is comprised of representatives from the following organizations:
. City of Ashland Community Development and Public Works Departments (4 persons)
. Jackson County Roads and Parks
. Department of Land Conservation and Development (DLCD)
. RVMPO and RVCOG
. Ashland Transportation Commission
. Ashland Planning Commission
. ODOT
. Transportation Planning Analysis Unit (TPAU)
. Ashland School District No.5
. Southern Oregon University
. Ashland Police Department
. Ashland Chamber of Commerce
. freight Delivery Businesses
Staff is very impressed with the way that the TC/PC have been interacting and taking a leading role in
the update process.
Related City Policies:
The TSP update supports the Council Goal to: "develop an integrated land use and transportation plan
to increase the viability of transit, bicycles, walking and other alternative modes of transportation;
reduce per capita automobile vehicle miles traveled; provide safe walking and bicycle routes to horne,
work, shopping and schools; implement environmentally responsible design standards; and minimize
new automobile-related infrastructure."
Council Options:
Not applicable.
PageS of 6
~~,
CITY OF
ASHLAND
Potential Motions:
Not applicable.
Attachments:
Pedestrian Places Map
Workshop 2 Materials (three sets of draft vision statements, opportunity sites map, catalyst opportunity
site plan)
Workshop I Summary of Comments
Workshop 2 Summary of Comments
Open City Hall Comments Pedestrian Places Part I
Open City Hall User Satisfaction Survey
Page60f6
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Ashland Transportation Plan Update
Pedestrian Places Concept Plans
Workshop I Summary of Comments
.
On October 27,2010 community participants learned about the Pedestrian Places project
that is part of an overall update of the Ashland Transportation System Plan. The)' worked in
small groups to brainstorm ideas for what features and uses would make a good Pedestrian
Place. The discussion was focused on three locations defIned by major intersections - East
Main Street/North Mountain Avenue, \Valker Avenue/Ashland Street, and Tolman Creek
Road/Ashland Avenue. The participants ':feTe asked to consider Jour questions about
developing good pcdesu-ian destinations and environments at those locations.
Building Blocks for a Pedestrian Place
Do you think some building blocks are much more important than others?
Greal Slreets
Gatberingplaces
New S bops I Offices
Trans;t Improvements
Pub/ic A rl
NeJv Housing
Neighborhood Character
Are there characteristics or features here today that we should build on?
Unique Buildings
Plazas or parks
Civic Uses
S bops, Scbools
Priorities for Streetscape Improvements
If we could start with a great street, what would be the ftrst improvement you would like to
see?
More Street Trees
Bus Shelters/Amenities
Sfom/wafer Planters
LAndscaped Medians
Bike Racks
Public Art
What Else Would Make a Great Place?
Should we consider any other 'building blocks' or physical improvements at these locations?
The following is a general summary of the ideas and considerations that seemed to come
from multiple participants. The participants also made notes, diagrams and sketches on an
aerial photograph of each location. Those annotated maps will be available for review at
Pedestrian Places Workshop 2 on December 8, 2010.
City of Ashland TSP Update
auk
East Main Street and North Mountain
Neighborhood Character
Add activities (booths, carts, chess tables, music stage)
Add activities for school-age
Gathering place/community garden in big roundabout
Keep old buildings
Priorities for Streetscape Improvements
Add shelters (from sun, rain, wind)
Improvements to athletic field space that attracts kids from AHS
Add more landscaped areas, sculpture/ art, fountains
Defined sidewalks
Pedestrian-scale lighting
What Else Would Make a Great Placel
Community workshops Qearn to build, wood, textile casting, bronze)
Use of trees for shade
Make intersection more efficient for all modes of traffic
Tolman Creek and Ashland Street
)
Neighborhood Character
Gathering place for the community
Keep the small shops
Dog park
Priorities for Streetscape Improvements
Need crosswalks
Bike thru ways
Landscape to protect bike riders from the street
Right turns at Tolman and Ashland
Covered bus stations
Deliveries off the main road
What Else Would Make a Great Place 1
Walker and Ashland Street
Neighborhood Character
Residential tower with a bridge to Siskiyou (studio housing, low income housing)
Park. like place
. Put the new SOU Theater on the north cast side of AsWand and Siskiyou
Create a public space
Priorities for Streetscape Improvements
Pedestrian/bike friendly
Safe pathways for school children
Traffic calming at intersection
What Else Would Make a Great Place?
Make the area a center for SOU student activity
Morc parks
Deliveries off main street
General
"
Neighborhood Character
Landscaping improvements in/Ashland Shopping Center, Bi-Mart, Shop-n-Kart
Open alleys for pedestrians and bikes
Community gardens
Bike pa ths
Make it a destination spot for those who live there and tourists with a variety of mixed
uses
Civic identity features
Pedestrian walkways around/away from traffic
\Vinter trucks need a place to go
Priorities for Streetscape Improvements
. Pedestrian/bike/bus friendly (w/ clear separation from car traffic)
Free bus zones
. More crosswalks
More street lighting
Roundabouts instead of street lights
Information kiosks
Landscaping along streets, public art, bike racks
\X1ays to slow down vehicle traffic
What Else Would Make a Great Place!
Nighttime bus service
More theaters/music venues for adults and children
Electric charging stations
Sustainability features (rain catcluncnt, permacu]ture planting)
Multi-use conununity center
\X'deome sign at Tolman Creek
Direct tourist traffic to downtown
Connect neighborhoods to shopping area.
Ashland Transportation Plan Update
Pedestrian Places Concept Plans
Workshop 2 Summary of Comments
On December 8, 2010 community participants worked in small groups to consider and
comment on a draft vision, opportunities and constraints analysis and draft concept plans
for three potential Pedestrian Places - East Maio Street/North Mountain Avenue, \Valker
Avenue/Ashland Street, and Tolman Creek Road/Ashland Avenue. The concepts integrated
street improvements and land use redevelopment oppon-unities. For discussion purposes,
the oppommitics :vere categorized as near-term (within 5 -10 years) and long-term (10-20.
years). 'The participants were asked to consider three questions about the draft materials
presented.
Vision for the Place
Does the vision fit the place?
E. Main 5/./ N. Moun/ain Ave.
Walker Ave./ Ashland 5/.
Tolman Creek Rd./ Ashland 5/.
The Opportunities for Change
Based onwhat's there raday, have the best opportunities been identified?
Has an important opportunity been missed?
Unique Buildings/ Uses
Remove Pedestn'an Bam'ers
. Needed Services
Landmark Features
The Draft Plans
Do the concepts illustrate qualities of a good place to live, work, shop, and walk to?
\'Vould you significantly cha!1ge anything?
More Housing
Di.ffermt Streelscape Design
More or Less Parking
More Retail
More Public Space
RiJadway Changes
J
The following is a general summary of the ideas and considerations that seemed to come
from multiple participants. 'Ibe participants also made notes, diagrams and sketches o~ an
aerial photograph of each location.
City of Ashland TSP Update
ouk
East Main Street and North Mountain
Vision for the Place
Yes, this is a good direction to go without strong commercial element. TIlls is not a
commercial centcr
The Opportunities for Change
Good direction to go without strong commercial element-no commercial centcr
Old existing home as a museum
Focus on circulation rather than uses
Lights at bike path/Mountain intersection
Bike/Ped corridor along Mountain towards high school
High school related services
Connect high school to community
Bus connections along E Main
City facility a barrier to connectivity
The Draft Plans
Add a piace or a wall for high school art display
Make a space for food carts and vendors
More emphasis on bicycle connectivity
More railroad cross~ngs to the north
Tolman Creek and Ashland Street
Vision for the Place
Yes, the vision has the potential to change it from a traffic-oriented to pedestrian-
oriented location.
Vision should be for lots of green""': trees and landscaping.
The Opportunities for Change
lbe vacant lot on the corner is an obvious place to catalyze multi-use dense
development around it
YMCA can be catalyst
Current transit service is good
Connect parks
Lower parking structure speed
Too much land devoted to parking
Bridge over 66
Cit] of Ash/and TSP Update
2
atak
.
Too dense
Big opportunity for huge pedestrian places~pedestrian pathways convert to streets and
close off intersection completely. Streets on outside and pedestrian uses/parking inside
ODOT restrictions.
Cars foUow proposed pedestrian path around intersection
Make legal and accentuate illegal pedestrian crossing
More green space/trees
Traffic calming: separate bikes and pedestrian from traffic, and slow traffic, by providing
signals, traffic calming devices, buffered bike lanes, and bike refuge (bike box)
Interior parking concepts a good idea
Building B: more in al pop uses
Replace overpass with at-grade crossing when overpass expires (more of an IArvfP issue)
Route traffic around to Tolman from Hersey and N. Main
Use Broad Brush on BiMarr/Shop-n-Karr parking lot
.
.
.
.
The Draft Plans
Improvements shown are an improvement, but arc least likely to be improved
Rework/ redesign to reduce asphalt coverage-intra of high density
apartments/townhomes
Building A will require a lot of landscaping to create a quality living space
Get away from the "auto-oriented" model
. Obtain input from the locals (those who live around the intersection)
. This needs to be something that will draw people from the adjacent residential areas
Galleries, etc. for this area
Still too much off-street parking, reduce it further
Make 'green' parking areas, not just more asphalt
Walkeqmd Ashland Street
Vision for the Place
Yes, but seems to be more futuristic than focused on meeting the current needs.
]s there a benefit for SOU in creating such an extensive gathering place-students seem
self-contained.
.
The Opportunities for Change
Yes, like the narrow street vision, more green, and more safe walking spaces.
. Yes, like 'theme' within a city-use market of choice as base for 'world market' (gourmet
foods, etc)
]s total redevelopment realistic-beautify what is existing
City of Alhland TSP Update
3
auk
Provide more sidewalks, pedestrian connectivity (\Valker St. sidewalks fIrst; there are no
sidewalks south of Siskiyou and other areas)
Provide pedestrian-friendly traffIc signals
Add pedestrian gathering area at Ashland St./Walker corner (could it be carved out of
loading zone or parking lot?)
Add more connectivity between Siskiyou/Ashland St. in long block between Slacker St.
and corner (Blockbuster)
Rezone trailer court to ensure higher density, low-income .housing
The Draft Plans
\Vider connectivity between major streets-break up superblock
Make interior streets regular streets with sidewalks, less parking, more multi-use
Roundabouts are a positive
Street pattern is a barrier to "ped feeJ"-too much traffic to attract pedestrians
Close \'hlker St. between highways to encourage connection between Ashland shopping
center and market of choice superblock
Break up "sea of concrete" look
J\dd a pocket park
General
Vision for the Place
Provi~e bike paths and pedestrian walkways around/away from traffic.
Good vision, but guestionable feasibility.
The Opportunities for Change
Options Band C appear better for residential than A
Pedestrian/bike/bus friendly (w/elear separation from car traffic)
Possible pedestrian overpass and/or access tracks
Landscaping along street comers, buffering shopping areas
\'(Iays to slow down vehicle traffic
Less parking
More housing
The Draft Plans
'Ibe festival street is a good idea, but some details need to be reconsidered
Don't use people as 'speed bumps'
Don't duplicate what SOU master plan will already do
CilJ' 'of AJh/and TSP Updalt
4
auk
Additional comments and design ideas were recorded on the working table maps used by the
workshop participants. Those maps have been scanned and will be provided electronically to
the City.
,
City of Ashland TSP Update
5
auk
Pedestrian Places Part 1 (Closed)
What do you think makes a successful Pedestrian Place?
Public Comments as of January 7, 2011, 10:34 AM
t-
Pedestrian Places Part 1 (Closed)
What do you think makes a successful Pedestrian Place?
Introduction
The City of Ashland is studying three locations for future Pedestrian
Places - Tolman Creek Rd./Ashland St., Walker Ave./Ashland St., and
. N. Mountain Ave./E, Main St.
Pedestrian Places are small walkable nodes that provide a concentration
of gathering places, housing, businesses and pedestrian amenities
grouped in way to encourage more walking, bicycling and transit use,
The land uses and building in and around Pedestrian Places are typically
a mix of housing and services to provide a variety of places within easy
walking distance.
Amenities may include plazas, bus shelters, shade and seating, drinking
fountains, public art, landscaping, information displays, and bicycle
parking. Pedestrian Places can help create vibrant, livable places where
people congregate, and can function as neighborhood centers.
Background
The Pedestrian Places Project originated from a presentation on
"Designing Great Arterial Streets" in September 2007 in which
discussions noted how sections of Siskiyou Boulevard and East Main
Street seem to work well for pedestrians, bicyclists and motorists, but
then reached a point where the more walkable neighborhoods ended.
The idea of creating Pedestrian Places in these transitional areas was
suggested as a way to begin extending walkable neighborhoods to other
locations in Ashland.
Citizen Input
The City is seeking citizen input on the project, and held the first public
workshop on October 27, 2010 at the Ashland Middle School
www.PeakDemocracy.com/551
Public comments as of January 7, 20] 1,10:34 AM from all participants.
) of 14
Commons. At the first workshop, participants had an opportpnity to
learn about the project and help develop ideas for the Pedestrian Places.
(link to presentation video from first workshop) A second workshop is
scheduled on December 8, 2010 to present draft concepts and ideas
contributed at the first workshop. A follow-up meeting to review the
refined draft concept plans will be held at the Planning Commission on
February 2, 2011. For information about future meeting dates, time and
location see www.ashland.or.us/pedplaces.
Participants at the first public workshop were asked to answer the
following questions for each of the three locations - Tolman Creek
Rd./Ashland St., Walker Ave./Ashland St., and N. Mountain Ave./E,
Main St.
Building Blocks: Do y~u think some building blocks for a Pedestrian
Place are much more important than others?
Great Streets
Gathering Places
New Shops/Offices
Transit Improvements
Public Art
New Housing
Neighborhood Character: Are there characteristics or features here
today that we should build on?
Unique Buildings \
Plazas or Parks
Civic Uses
Shops
Schools
Priorities for Improvements: In theory, if we could start next year, what
would be the first improvements you would like to see?
Sidewalks/Planting
Improved Transit Stop
More Walking routes
Stormwater Treatment
Public Plaza
Safer Street Crossing .
www.PeakDemocracy.com/551
Public comments as of January 7, 201 I, 10:34 AM from al] participants.
2 of 14
What Else Would Make a Great Place: Should we consider any other
'building blocks' or physical improvements at these locations?
Thank you for your time and feedback.
www.PeakDemocracy.com/55l
Public comments as of January 7,20] 1, 10:34 AM from all participants.
3 of 14
Pedestrian Places Part I (Closed)
What do you think makes a successful Pedestrian Place?
As of January 7, 2011, 10:34 AM, this forum had:
Attendees: 150
Participants: 23
Hours of Public Comment: 1.2
As with any public comment process, participation in Open City Hall is voluniary. The
statements in this record are not necessarily a representative sample of the whole population, nor
do they reflect the opinions of any government agency or elected officials.
www.PeakDemocracy.com/551
Public comments as of January 7, 201 I, ]0:34 AM from all panicipanls.
40fl4
Pedestrian Places Part 1 (Closed)
What do you think makes a successful Pedestrian Place?
All Statements
Steve Ryan in Ashland December 8, 2010, 3:31 PM
Wow, I for one am extremely encouraged by the level of citizen involvement here and I regret I
had to miss the first charette. I want to explore the possible rather than restrict innovation or
focus on why ideas can't be done. Please continue shelling us with all the suggestions you can
muster: Just have at'er, cynical, serious, speculative and spectacular: Thank you for this
guidance and keep the comments coming, Ashland I What I see so far, is that many residents feel
our commissions should take a 'no build' Ped Node option very seriously, but yet many also
agree at the same time, that our traffic system is critically dysfunctional. What else? Fix what
we have first? Let's reach some consensus. These are not mutually exclusive, in my view. See
you at AMS tonight 7 p.m. 100 Walker, and comnent on the TSP update too, see the City Web
page-
Semi-anonymous in Ashland December 5, 20 I 0, 6: 18 PM
I think that other things should be taken into account when creating pedestrian areas, and that is
that having pedestrians and bikes in proximity with cars put both in danger. So pedestrian and
bike specific paths and areas would help the safety of both. It is important to keep these areas so
that they are not built around our major arterial streets, as it would put people in danger and
slow traffic down of both the cars and the pedestrians. Instead, put areas so that they are more
accessible by pedestrian-specific paths, like the Ashland bike path. Of all of the ideas, I like the
idea of a small plaza, with shops and restaurants. After that, other things may be added, but the.
plaza and shops really set a framework for everything else. After taking these into account, I
would say that the Ashland Street/Tolman Creek area would be the best spot for a place like
this, especially if it was closer to the Ashland Bike path for better pedestrian access and farther
from the Interstate to reduce road noise. In fact, road noise should be taken into account when
creating the plaza and placing the buildings around it. There are also a few bus stops in the area
for people wishing to use the bus. III would also like to say that I agree with the opinion of
having the plaza blocked offfrom cars and having the traffic re-routed down an expanded Lithia
way, maybe letting a truck or two in to deliver supplies to some of the stores. It could be really
beneficial to the traffic flow of the street, pedestrian safety in the plaza, and the general
atmosphere of the plaza. Some outside parking could be created and rickshaws or low speed
electric vehicles could ferry people around.
tony Henthorn in Ashland December 3, 2010, 10:43 PM
great idea to make places more pedestrianlbike oriented.how about finishing sidewalks as on
S.Mountain and N Main instead of f1owerbeds. Maybe lights on crosswalks that actually
illuminate darkly-clothed pedestrians on rainy winter evenings.maybe reclaim unused railway
right of ways per the reclamation of 0 & C lands and put a whole neighborhood serving foot
and pedal traffic.Make the planning process more adaptable to changing times and needs so that
asking for variations becomes a customer friendly process instead of an expensive gamble. What
about a parking structure on the Wells Fargo parking lot and reduce parking on the main street
and Plaza
Morgan Paull in Ashland November 29, 2010, 6:45 PM
Enough! Plaza should be Pedestrian center.! agree with Gregg M.
Sally McKirgan in Ashland November 27,2010, I I :15 AM
www.PeakDemocracy.com/55 ]
Public comments as of January 7, 2011, 10:34 AM from all participants.
5 of 14
Pedestrian Places Part 1 (Closed)
What do you think makes a successful Pedestrian Place?
All Statements
What makes a great pedestrian place is slow traffic! We recently visited Danville, CA and they
have traffic on their main street however, they have lights imbedded in the street cross walk
areas. The lights flash when pedestrians have the right to cross in the walkway! They also have
stop lights. Please do not entertain noisy twittering or tweeting devices that indicate when cross
walks are available. Mt. Dora, Florida has them and they are IRRITATING to hear. Also
Carlsbad, CA has a 3ft strip of bricks imbedded in the street prior in cross walk areas. They are
better than speed bumps and they make driving through town annoying. They also have stop
lights of course. Maybe this is an option as it slows traffic. Slow traffic equals sanity.
Michael G Knox in Ashland
I enjoyed Mayor Stromberg's insight and observations.
November 19,2010,9:20 AM
I wonder why the North Main area was left out? It seems to me there are two possible nodes out
this way: the Wimer/HerseyfMain intersection, and the MaplefMain intersection.
Of course Ashland partially screwed itself by accepting the ODOT offer to widen N. Main to 5
lanes in the Maple St area, and not to the south or north of this intersection, thereby creating a
"large particle (aka vehicles) venturi effect" which encourages high speed traffic in the N. Main
area.
Pedestrian Plazas could be a Godsend to interrupt this dangerous high speed traffic flow both in
and out of Ashland to the north.
A pedestria~ plaza or round-about at the Wimer/Hersey/Main area could spur development of an
area on residential consumer shops which could serve this commercially underserved area.
Lastly, as one who has devoted his life to assisting seniors and the disabled, I find it
dumbfounding that the city of Ashland has so severely limited access to those who cannot ride
bikes or drive cars. This policy has made the task of completing the activities of daily living an
impossible task for many.
Ken Deveney in Ashland November 18, 2010, 10:48 AM
I like the general idea of public places will people will enjoy hanging out and not rushing on.
But our rising taxes make it obvious that the city doesn't have the money even to do all the
"must-do" projects. Let's not lose sight of priorities
Colin Swales in Ashland November 14,2010,7:09 AM
It is unclear why these particular three auto-centric locations were chosen other than the nearby
potential for increased development on adjacent vacant lots. (The already pedestrian-rich
Boulevard location opposite SOU was dropped in favor of the Tolman intersection.)
Our Downtown Plaza and Main Street, already vibrant "pedestrian Places" in need of many
improvements, are totally ignored.
Nevertheless, others have already solved such problems by using the concept of "Shared
Space":
www.PeakDemocracy.com/551
Public comments as of January?, 2011, ]0:34 AM from all participants.
60fl4
Pedestrian Places Part 1 (Closed)
What do you think makes a successful Pedestrian Place?
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"...Shared space is an urban design concept aimed at integrated use of public spaces. It
encourages traffic engineers, urban planners and experts from other fields to consult with users
of public space when planning and designing streets and squares in both built and non-built
environments. The concept shares some characteristics with Living streets.
Shared space removes the traditional segregation of motor vehicles, pedestrians and other road.
users. Conventional road priority management systems and devices such as kerbs, lines, signs
and signals are replaced with an integrated, people-oriented understanding of public space, such
that walking, cycling, shopping and driving cars become integrated activities.
The tenn 'shared space' was coined by Ben Hamilton-Baillie while preparing a European co-
operation project in 2003.[1] The idea itself was pioneered and promoted by Hans
Mondennan,[2] based on the observation that individuals' behaviour in traffic is more positively
affected by the built environment of the public space than it is by conventional traffic control
devices and regulations.[I] The goal of shared space is an improvement in road safety,
encouraging negotiation of shared areas at appropriate speeds and with due consideration for the
other users, using simple rules like giving way to the right..."
For further Reading see:
http://en.wikipedia.org/wiki/Shared_space
http://www.hamilton-baillie.co.uk/
http://www.bendigo.vic.gov.au/Files/Rod _Tolley_Bendigo _Fina]Jeport.pdf
http://www.howwedrive.coml
http://ashland-blog.blogspot.coml
Videos:
http://www.youtube.comluser/Sharedspace#p/u
http://daily .sightline.org/daily _ score/archive/20] O!03/25/an-american-woonerf
http://www.youtube.comlwatch?v=wn2NfUHOG-Q (Bern, Switzerland)
Gabe Dawson in Ash]and November ]2,2010,10:47 AM
Designated bike lanes on all roads. Narrow streets and wide sidewalks. Signage must be clear
and visible to all. A designated bike path seperate from pedestrians would increase safety while
decreasing conflcits between the 2 groups. Max. speed limits of 20 mph on all streets. More
bike parking.
Semi-anonymous in Ashland
November 8, 20]0, 2:26 PM
www.PeakDemocracy.com/551
Public commenls as of January 7, 2011,10:34 AM from all participants.
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Pedestrian Places Part 1 (Closed)
What do you think makes a successful Pedestrian Place?
All Statements
I prefer the N. Mountain/E. Main spot. It is the most likely to have pedestrian traffic, and the
most likely to decrease on congestion of vehicle traffic. The area between the bike path and E.
Main on N. Mountain could be much more conducive to foot traffic than it is now.
Semi-anonymous in Ashland November 7, 2010, 2:46 PM
How about a plan to connect the bike path from Bear Creek to the established path that runs
from the railroad district to Tolman Creek Road? Oak Street is particularly dangerous for
cyclists and pedestrians (lack of continuous sidewalk). How about a bridge over Bear Creek at
Nevada Street, connecting up to Mountain for access to N. MT Park and the bike path? How
about bike lanes on Oak Street to bring folks into downtown? Railroad district streets are also
dangerous for cyclists- too many cars on constricled and congested streets.
Diane Werich in Ashland November 6, 2010, 7:12 AM
I have a small thing to contribute. Portland has many neighborhoods that I feel very good in.!
think these places feel good to be in because they all have little benches, some mud, some
covered, a few with coloring books in tables for kids. This says...don't hurry through this
place...stay and be with us for awhile.
Semi-anonymous in Ashland November 5, 2010, 8:32 PM
All three spots have great potential. I think we need more than just benches or a mini park...
something that brings in more people, like a coffee kiosk or food kiosk (like all the fun ones in
Portland) to give more folks an additional reason to stop and hang a few minutes. This would
make the spots an attraction and destinations to walk to. Just brainstorming... what if there were
a kiosk or two or three plus some benches. Or what if there were a kiosk and a mini dog park at
one of the locations... the rent from the kiosk paying for upkeep of the dog park. Folks could
walk their dogs and get a coffee or snack too. I know this isn't a really heavy philosophica] idea
but it is practical if you want to motivate community members to go to a place and gather and
hey, it could create a job or two. If enough citizens can be drawn to the areas then if a few
"recreational home]ess" settle in they won't 'own' the spot like has happened to some areas
downtown.
Semi-anonymous in Ash]and November 4, 20]0, 4:04 PM
I like the idea of more pedestrian focused areas but also feel that there are currently existing
areas needing attention for pedestrian sidewalks first. It is amazing to me that the street that the
Ashland Food Store Co-op is on has no sidewalk! That is one of the busiest spots in town and it
seems it would be priority to make that a more walking friendly area with the growing
businesses developing there... Ace Hardware, Ashland Recycled Furniture, DJ's Video, Indika,
Etc... foot traffic in that area instead of motor traffic would be much better but there is no
sidewalk. I have to put my stroller on the street to get down there. Doesn't make any sense to
me. Why has that not been fixed yet?
gregg marchese in Ash]and November 4, 2010, 9:35 AM
I'm humbly reminded of the legal, social, and policy overlays under which this idea labors.
Western settlement policies created centuries ago to prevent the creation of viable public
gathering places, and zoning laws and the demonization of socialism at the beginning of the past
century, plus automobile advertising and emergent cultural norms make even the simple,
sensica] idea of a semi-self-sufficient mixed-use node radical. Not so much in this town, but
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Public commenlS as of January 7, 2011,10:34 AM from all participants.
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Pedestrian Places Part 1 (Closed)
What do you think makes a successful Pedestrian Place?
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how many parks throughout the cities and towns of this nation are gathering places for none but
the disenfranchised, desperate and defiant? Families do not feel safe there. Some (I?) of our
public places/parks are well used, but others, like that little triangle where E Main splits off from
Siskiyou, which is so well and i'm sure expensively done, gets virtually no visits--though it is
kind of nice to see as I drive by, instead ofa coffee kiosk. We might include Triangle Park for
that matter (although a few tiny protest marches seem to gather and begin there annually). Any
public place where you can't get away from the car presence and noise, is not one people are
going to visit, except at night, and for perhaps reasons we might not want to promote.
I need to remember that someone gets paid for these social and cityscape experiments. Do we
the citizens get back what we really need?
What do we nee.d? This town is so small, I think it as a self-contained node already. I can easily
walk to some of my destinations, more easily bike, and even more easily drive anywhere 1 need
to go in--relatively --no time. And that's not often to see a movie, browse books, buy an
expensive non-organic meal (with tax), and lounge around sipping wine or mocha laltes. Bring
back Harrisons'
Now there's an idea: tax breaks and other incentives for truly functional, fundamentally useful
stores downtown. That's our node, solet's stock it with places that are truly functionally,
practically useful to locals.
How about incentives for purchases of those little electric cars? Or better yet, meet your
neighbors, offer them carpool rides, accept their offers of same, offer to pick them up something
to save a trip--more neighborhood support. Though this doesn't need any organized government
involvement.
Maybe the best thai can be done with this node idea is to create expensive museum-like
demonstration projects, that bring in Civic Ecology students from OSU, Eco-tourists, and aging
ecotopian dreamers who can die content knowing that Something has been tried. And they can
buy lattes and wine; have an expensive meal (with tax), pick up a book on Eco-cities, and see a
movie about the apocalyptic future after the tour.
Or leave the nodes fallow for future generations who might truly need them to grow food.
1 hope you can tolerate the informed cynicism. 1 do appreciate your efforts, but must accept that
it is all embedded in a juggernaut of a dysfunctional system no one can truly derail.
Hey, what about light rail? Just grasping at dreams...
Oops, is this a disruptive statement?
julian spalding in Talent November 3, 2010, 4:04 PM
I'd like to see discussion about closing downtown main st., making it a pedestrian mall, re-
routing traffic on a two way Lithia St.
Alma Alvarez in Ashland November 3, 20]0,1:53 PM
1 was excited to hear the Walker/Ashland St. area considered for a pedestrian place, particularly
since it is in my neighborhood and 1 often walk to the local coffee shop or the supermarket.
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Public comments as of January 7, 2011,10:34 AM from all participants.
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However,-one of the items that must be considered is safety. Yesterday a young woman legally
crossing at the crosswalk was hit by a motorist making a left-hand turn. It seems that we need to
consider some sort of option like having all motorist signals red when pedestrians are crossing.
The saftety of the crossing spaces are crucial to creating viable and attractive pedestrian spaces.
Semi-anonymous in Ash]and November 3,2010, ]2:0] PM
Unfortunately, as a result of the aging demographics of Ashland, walking isn't an easy task for
many of us traveling to the grocery store, doctor office visits and drug store visits. Considering
the decling numbers in schoo] age children and the increase in aging Ash]anders, make sure we
don't make access to our businesses more difficult and/or time consuming, while spending hugh
sums of money for feel good social engineering. Also is this another example of creating the
perception of the need for "pedestrian places",when the need isn't that high relative to other
aspects of City government and its funding? What about adequate fire protection and police
protection as priorities for public funding? Who pays for Ihese "nice to do" programs, given our
other "need to do" programs? Expensive art displays, social gathering places other than private
secter facilities would be another public expense adding to the City of Ashland general fund...
which is hugh. The bottom line should. be pedestrian safety particu]arly for our children, but lets
don't create a champagne project with a beer budget. Or stated anotherway, is this another
glitter project to romance tourists at Ashland citizens expense? A]so if the proposal creates
traffic bottle necks interrupting traffic flow to the college will be a problem
Me]anie Mindlin in Ash]and November 2 20] 0 8.34 AM
, ,.
] believe that pedestrian "nodes" are important to create the sustainable Ashland of the future.
Designing Ashland so that areas of 1/4-1/2 mile in diameter include housing, services, stores,
jobs and public places can create vibrant city life without car travel. Public transportation would
link these "nodes" with the rest of the city and points beyond.
Ash]and is already committed to a policy of infill rather than sprawl. This means increasing the
density of both housing and employment within the City. We need a new vision to accomplish
this gracefully, bringing high quality of life to living closer together.
What will make this higher density housing a desirable living environment? People want light
(especially sunlight), natural ventilation and at least a ]ittle garden. Apartments without south-
facing windows will be appreciated by only a few. We need sunlight in the winter to reduce
SAD, and to warm our homes naturally. We need natural ventilation to reduce toxic indoor air
and the need for summer air conditioning, and keep us in touch with the natural world. Most
people need a Iitt]e garden, even if it's just a few tomatoes or a delicious-smelling rose bush.
Public landscaping does not provide this same connection and satisfaction. Here are a few ideas
that could be incorporated in standards for higher density residential housing in our pedestrian
zones, as well as open space (parks) that would support them.
- South-facing windows, natural ventilation, and balconies.
- Roof gardens to increase outdoor living space in higher density areas.
- Community gardens in easy walking distance.
- Open space with wild and intimate areas, preserving or recreating natural features, in easy
walking distance. People can go further for active recreation, like ball fields and hiking
trails.
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Public comments as of January 7, 2011, ]0:34 AM from all participants.
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Pedestrian Places Part 1 (Closed)
What do you think makes a successful Pedestrian Place?
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- Safe, car-free areas immediately outside the building for children and social interactions.
In order to have a comfortable and attractive pedestrian place, it needs to be away from cars due
to noise, safety and combustion fumes. I can appreciate a vision of the future where our entire
town has little or slow car traffic. I don't think that time is coming quickly enough to focus our
pedestrian areas on our current arterials. I think it would be best to make our arterials be
boulevards, like Siskiyou, with plenty of buffer between people and cars, bike lanes and
narrower pedestrian crossings. The plazas, benches and other pedestrian amenities should be
concentrated on existing side streets or new narrOw or pedestrian only "streets" adjacent to
public transportation routes on the arterials. In the cleaner, slower future of our grandchildren,
they can reclaim parts of the roadway and make them into the additional public spaces they will
need in their high density zones.
In order to plan Ashland for transit-oriented development and a sustainable future that is better
than what we have now, we need to think much larger than the streetscape of 3 Ashland corners.
John Stromberg in Ashland November I, 20lO, 11:37 PM
My comments are about the workshop on pedestrian places, as follows:
I. I think many of us participants found it difficult to let go of our acceptance of the way
vehicular traffic dominates our cityscape. We're so used to accepting it as a given we can't
easily create different mental pictures of how a pedestrian node might look. We're like those
elephants who have been tied with a rope to a stake as infants and still believe that simple rope
can hold them when they are adults.
Obviously this is an impediment to the kind of thinking the workshop was trying to
encourage.
2. People who live or own property within the concentric circles that define a pedestrian node
are IMHO really threatened by anyone's speculative ideas about how the land uses within the
circles might be changed, and I can understand why. This is_theirylace, they are used to it, in
fact it is an unconscious part of their security.
3. Somehow, in order to create a real transit oriented design for Ashland (for want of a better
term) someone is going to have to overcome #1 and #2 above.
There were some moments at the workshop when this occurred and the results were very
interesting. Also I think some people felt exhilarated. To me this suggests how important this
project is to the future of our city because it's an indication of how distorted from a life-
affirming experience the current configuration of these nodes are.
4. So someone, somewhere is going. to have to take some chances and entertain wild ideas on
the pathway to discovering or inventing the new Ashland for which these nodes are the growing
points. And this is going to have to take place out of the public eye (creation of the wild
experimental ideas) lest they generate such opposition that we'll never make it through to
ideas/designs that are both creative and feasible.
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Public comments as of January 7, 2011, 10:34 AM from all participants.
II of 14
Pedestrian Places Part 1 (Closed)
What do you think makes a successful Pedestrian Place?
All Statements
4. During the workshop I saw many, many instances in which one participant or facilitator
maner-of-factly squelched a new idea because it_obviously _couldn't be done. Nobody was
being mean or bad; they just felt it was an obvious fact that had to be pointed out.
5. The rest of my ideas are going to be presented in the spirit of uncensored, if infeasible,
possibilities - with the hope that they may contribute to a fundamental qualitative change in the
three nodes presented at th~ workshop.
6. Traffic absolutelyyours_through this town on all its arterial streets and intersections and it is
powerful and intimidating. There's no way I would venture on foot out into that irresistible flow
of metal, glass, plastics, rubber and engines when it's fully in motion, for example when just
released by a stop light turning green - and so my experience of this otherwise peaceful and
human-sized community is sliced through and across with these streams of motorized
machinery. .
Somehow we've got to slow these streams down, make them move more slowly, take them out
of their straight-line paths, divert them into smaller streams, etc. or create total bypasses for
them, like piping hot gases in impermeable hoses and pipes. Human beings on foot and non-
propelled machines should set the normal pace of transportation and motor vehicle traffic should
be subordinated to it.
I don't know how that wi I]" occur but one could imagine taking E. Main St. by the Plaza, tearing
out the Plaza and making a big piazza, with no traffic lanes or signs and having just one rule:
non-motorized movement has the absolute right of way.
Imagine how different that would feel. It would be like one of those parade days, just after the
parade is over, when people are filling the streets and just a few cars have found their way in but
are driving very slowly and carefully so as to avoid hitting anyone.
That's the kind of feeling we need in these pedestrian nodes aml/but I wouldn't ban motorized
vehicles so long as they were completely subordinated - then they would be OK. But if there
were too many and they started moving together and making people feel unsafe, that would be
the limit and the space sharing wouldn't work. .
7. Once we've got movement in the node adjusted to human-tempo then we need to cluster
stores, shops, restaurants, storefront offices, karate dojos, nail salons, toy stores, book stores,
etc., again on a scale that is not physically daunting to the pedestrian traffic. If one store isn't
big enough add another one somewhere else in the node. (In a way that's what malls used to do
. before they were gobbled up by name brand franchises and corporations.) So the stores, shopes,
etc. should be locally owned and maybe there should be living facilities above, behind or nearby
for the owners and workers.
This is closer to the original idea of mixed use housing, before 'the market' decided to make
more profit by creating housing for people who did not work in or own the stores.
8. Before continuing this line of thinking, a 'word about markets. "Markets" and "Market
Economy" have become sacred cows, and counterpoised to "Communism" and "Socialism" as
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Public comments as of January 7, 20] I, ]0:34 AM from all participants.
12 of 14
Pedestrian Places Part I (Closed)
What do you think makes a successful Pedestrian Place?
All Statements
good vs evil. But I think the solution that actually builds healthy communities is markets-within-
structures so they are not exploited (think the gigantic speculation in financial derivatives that
may have irreparably damaged our economy) but perform their functions of coordinating and
facilitating economic activity.
As an example, perhaps there should be a maximum shop size and every shop should have
living space as part of the same unit. In other words, truly mixed housing rather than co-existing
mixed housing. Only..jn certain districts maybe (out of control regulation can become
dehumanizing too)...
9. Once we start clustering the shops-with-housing along streets and plazas, we need 10 think of
open space, community amenities, gardens, quiet places, view sites, access for deliveries, etc.
(I'm not trying to map everything out; it's obvious at this point, once the proper core has been
established and, anyway, the designers can do it better.)
But we do need to think about public places as well as community places and we especially need
to think about privacy. I don't know how tOJequire_that buildings be designed for privacy and
contact with nature, when they're clustered. Maybe they go up (vertical) in the clustered areas.
They definitely need quality design and construction ('quality', not necessarily 'fancy').
The overall node needs to relate to its natural environment and, in Ashland, invite that natural
world into the pedestrian clusters and center. Also the public places need to include markets,
entertainment, culture, sports, etc. And thirdly, the pedestrian nodes need to take their propoer
place in the layout of the town and in relation to each other. (I'm just sketching here and will go
on to one more point...)
10. The process by which these nodes are cultivated, developed and guided needs to be
something other than what we currently use in our land use ordinance. We can't encourage and
protect something this organic and cultural (even the economics are cultural in the sense that
they are interwoven with the feel and character of the local node-community). I don't know
how to achieve this but I'd start by creating special nodal zones within which the land use
ordinance wouldn't apply. The balance would be shifted from rules towards process, from
control towards support, and all of it towards quality of the living, traveling, exchanging, etc.
environment. A nice balance would need to be struck between community and individual values
and experience.
At the same time, the whole node-community needs to be in balance economically, both in its
normal daily existence and in its development.
Last thing: this process of moving from the condition in which we now find ourselves -
essentially a beautiful town that has a transportation system that is out of balance with the
wonderful human scale nature of the core of the town as a whole - towards the growth and
development of these nodal neighborhoods, will need to evolve over years and also have
different phases as it moves towards a stage of maturity, which may eventually evolve into
something else or be changed. But this would be over a long period of time, maybe the lifetimes
of today's children at least.
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Public comments as of January 7, 2011, 10:34 AM from all panicipants.
13 of 14
Pedestrian Places Part 1 (Closed)
What do you think makes a successful Pedestrian Place?
All Statements
II. As the transportation system comes into better balance with the pedestrian nature of the
town and nodes grow into neighborhood communities along the public transit routes (with their
own 'mass transit' systems that also should be attuned and scaled to Ashland) the land between
nodes and stretching out towards the UGB will be affected by the development of the nodal
neighborhoods and orient towards them, especially in terms of transportation ('travel'?)
routes.
Plus localized fruit/nut/vegetable growing, animal husbandry and food production would gather
around and interpenetrate the urban pattern - as the town as a whole moves to a more sustainable
settlement.
That's enough for now...
Rick Bleiweiss in Ashland October 31, 2010, 4:28 PM
I like this whole concept, but it seems to me that the location at Mountain and East Main does
not have the concentration of services, facilities, businesses and other things that would make it
into what this initiative is trying to achieve, whereas the other two locations do. Has the possible
impact on traffic and transportation been taken inlo account when picking these locations? I
don't think we should create either hazards for pedestrians nor significant traffic congestion that
would create more pollution.
Sophia Bogle in Ashland October 31, 2010, 2:34 PM
Ashland St and Walker makes the most sense to start with. It has the solid bones to make a good
framework for other improvements. The Beanery, The Theater, Deja Vu are just a few elements
that make it a great place to hang out.Also it has the perfect development spot for new shops and
housing and it is comfortably near schools and neighborhoods.
Tom Burnham in Ashland
Subject: Pedestrian Places
October 28,2010,7:45 PM
Access by the greatest number of people should be a primary concern.
Too Bad quiet Village area was left out along with areas above Siskiyou Blvd - Green Meadows
on the east, walker Street neighborhoods on the south/east. Also the Hospital area on the
west.
Why was the Transportation Commission left completely out of the decision for choosing the 3
Pedestrian Places?
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Public comments as of January 7, 20] 1,10:34 AM from all participants.
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Satisfaction Survey
Old you like using this Open City Hall forum?
Yes
No~O
()
.
2.5
"r-- -.
7.5 'iD
,
12.5
"5
tis
5
20
Why or why not? .
Response Comment
Yes Yes. Anything that increases the possibility of legitimate
citizen communication may help.
I heard citizen input I wouldn't have heard elsewhere, and Dee 8
I'm voting on this plan.
I'm hoping it will be effective.
Great idea! Better than gDing to a City Council meeting
and waiting to speak.
It's a good way for those of us who due to our busy lives Nov 19
cannot make it to meetings. We can now be heard as well.
I'm indifferent. You don't give an option for neither yes nor Nov 8
no.
I am not a night person and do not go to meetings. this is Nov 6
a way i get info and can have some input.
I'm hoping the council members really read this. It is hard Nov 5
to fit going to council meetings into one's life. Hopefully
many more citizens will participate this way.
Easy to comment and hopefully there will be a response... Nov 4
It seems to be functioning well, no glitches. It was easy to NDV 2
read the comments. When there are more comments this
may not be as effective.
It seems relevent. Nov 1
this is great, I work nights and can't attend City meetings Oct 25
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Date
Jan 3
Nov 29
Nov 27
8 of the survey respondents did not submit a comment.
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Discussion on Business License Ordinance
January 18,2010 Primary Staff Contact: Megan Thornton
City Attorney's Office E-Mail: thorntm@ashland.oLus
Finance Depart Secondary Contact: Lee Tuneberg
Martha Bennet Estimated Time: 30 minutes
Question:
Does the City Council have additional direction about the proposed business license ordinance prior to
first reading?
Staff Recommendation:
Staff recommends the Council provide additional direction on the revision to the business license
ordinance and place the business license ordinance on the Council's February 1,2011 meeting agenda
for first reading.
Background:
The business license ordinance was adopted almost twenty years ago. There have been a number of
enforcement cases from different departments that have suggested that changes to the business license
ordinance may be advantageous. For example, business licenses are currently issued to applicants
even if the business is in violations of the land use code, food and beverage tax, or the transient
occupancy tax.
At a study session on December 6, 20 10, the Council provided direction to staff to draft a business
license ordinance that would use the license as a tool to enforce other regulations. The Council directed
. staffto include criteria that would allow a business license to be denied or revoked and a process for
revoking the license if the criteria were met. In addition, the Council discussed adopting a fee
structure that would allow the City to collect better data on the number of rental properties and home
occupations in the City and shortening the term for temporary licenses.
Discussion:
Regulation of Businesses
Based on the direction the Council provided, the draft ordinance provides the ability to regulate
businesses in the City. The ordinance includes criteria for denying and revoking business licenses in
section 6.04.120. The 6.04.120.A.I was drafted to ensure that businesses licensed in the city of
Ashland are complying with all applicable laws. This provision covers state laws that require licenses
for certain professions, such as contractors, hair stylists, doctors, and attorneys. It also requires
J
compliance with all local laws. For example, this provision would allow revocation for failure to pay
transient occupancy taxes, food and beverage taxes, register as a tobacco retailer, or comply with'
conditions of approval for a land use approval utilized by the business. The process for revocation is
provided in this section as well; however, AMC 2.30 [Uniform Administrative Appeals Process] will
be used for any appeals.
Page I of2
~~,
CITY OF
ASHLAND
The regulatory aspect of the ordinance will largely depend on disclosure by the applicants. For
example, if this ordinance is adopted the business license application will be amended to include a
section that requires the applicant to list any state licenses required for the business. By signing the
application the applicant will be asserting under penalty of perjury that they are properly licensed.
Fee Structure & Data Collection
The d~aft ordinance provides for adoption of all fees by resolution. In addition, it lowers the number of
exempt rental units to two in section 6.04.040.F. By doing so the ordinance should allow staff to
collect more accurate data on the number of rental units in the City. The Council should consider this
exemption and determine whether it wants to include properties that rent four or more rooms in one
unit as a rental property that would be required to register for a business license.
Staff has also expressed interest in obtaining better data regarding the number of employees working in
the City and the number of home occupations. To collect better data in this regard the Council may
want to consider:
. eliminating the exemption in section 6:04.040 for non-profits, and instead waiving the fee and
requiring non-profits to submit an application, and
. eliminating the current exemption in AMC 6.04.085 for Family Day Care Providers that
"regularly provides[sic] day care in the provider's home.in the family living quarters."
The Council may want to consider eliminating the non-profit exemption to collect data on the number
of individuals they employ and to ensure that organizations claiming to be non-profit are certified as
such with the Internal Revenue Service. If the Council decides to eliminate the day care provider
exemption it will treat those businesses the same as other home occupations. As suggested during the
study session, the fee resolution also includes a reduced fee for businesses with one employee to better
capture home occupations.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Current AMC 6.04, Business Licenses
Proposed Fee Resolution
Council Options:
(I) Provide staff with direction for amending the business license ordinance and place the ordinance on
the agenda for first reading.
(2) Provide staff with direction for amending the business license ordinance and request another
revision before first reading of the ordinance.
Potential Motions:
Council: Move to place the business license ordinance on the Council's next agenda for first reading.
Attachments:
AMC 6.04 - Business Licenses
Draft Ordinance
Business License Fee Resolution
Page 2 of2
!'.!.11
6.04 Business Licenses
6.04.010 Purpose and Scope
The business license taxes imposed by the terms of this Chapter are for revenue
purposes only. Neither the acceptance of the prescribed tax nor the issuance of the
applicable license shall be construed to constitute a regulation of any business activity
or a permit to engage in any activity otherwise prohibited by law or ordinance, or a
waiver of any regulatory licensing requirement imposed by any ordinance other than
this.
6.04.020 Definitions
A. Business. All professions, trades, rental activity, occupations and activities, carried
on with the intent:
I. That a profit be realized therefrom; and
2. That the profit, if any, inure to the benefit of the owner or owners of the activity.
B. Profit. The excess gross receipts over expense.
C. Expense. The cost of goods sold, the expense of services rendered, and all other
expenses or disbursements, accrued or otherwise, ordinarily incidental to the operation
of the business.
D. Doing or transacting business. Any act or series of acts performed in the course or
pursuit of a business aClivity.
E. Person. Includes a person, co-partner or corporation. Singular includes plural.
F. Owner. A person having an interest in a business, and actively engaged in the
operation of said business.
G. Employee. Any individual who performs service for another individual or
organization having the right to control the employee as to the services to be
performed and as to the manner of performance. For purposes of this ordinance
employee also means a licensed real estate sales person or associate real estate broker
who engages in professional real estate activities only as an agent of a real estate
broker or organization.
H. Rental Activity. A person who accepts payment for the use of six or more
properties. (Ord. 25381989; Ord. 2631 1991)
6.04.030 Business License Required
It shall be unlawful for any persons for themselves, or as agent or employee of another,
to transact and carry on any business, trade, profession, calling, or occupation within
the City of Ashland, Oregon, unless:
A. Such business activity has been duly licensed as herein provided; and
B. The license is valid at the time of the transaction.
Page] of?
6.04.050 License Applications
A. Applications for business licenses shall be submitted on forms to be provided
by the Finance Department. Every such application shall be signed by the owner
or a duly authorized agent and shall contain the following information:
I. Name of person or persons owning business; if a corporation, the name of an
authorized officer;
2. Assumed business name, and phone number, if any;
3. Address of business premises and mailing address and phone number;
4. Nature of business;
5. Number of employees;
6. Emergency contact name and telephone.
B. Where the business includes activities classifiable in two (2) or more-categories,
the primary or predominant activity should be designated.
C. Where the business premises of an applicant are situated outside the City, the
application shall specify the number of employees to be engaged in the
transaction of the business within the City, and the license issued on the basis
thereof, shall be valid only to permit the specified number of employees to
transact business within the City at anyone time.
D. License taxes shall be computed on the basis of information contained in the
application, and it shall be unlawful for any person knowingly to sign or submit a
business license application containing false information.
E. The City shall prepare blank applications and make them available at City
Hall upon request. Failure to receive or secure a form shall not relieve any person
from the obligation to pay a license fee and obtain a license under this ordinance.
(Ord.2631 1991)
6.04.060 Two or More Businesses on Same Premises
If two (2) or more differently classified, but related businesses, are carried on in the
same premises by the same owners, one license issued in the name of the business to
which the premises are primarily appropriated, and based upon the total number of
employees or other units on the whole premises, shall be sufficient for all such
activities. Any business activity leased, under concession to, or owned wholly or in
part by a different person or persons on the same premises must be separately licensed.
6.04.070 Two or More Business Premises
The conducting of a business or businesses at two (2) or more separate locations shall,
for ihe purposes hereof, be deemed to be separale businesses, and each shall be subject
. to the license tax herein provided for, except that rental properties, warehouses and
distributing plants used in connection with and incidental to a business licensed under
the provisions of this Chapter shall not be deemed to be separate places of business, or
Page 2 of7
branch establishments, or separate types of businesses. (Ord. 2538 S2, ]989; Ord.
2631,1991)
6.04.080 License Tax Schedule
A person licensed under this chapter shall pay an annual license tax in the following
amount:
A. An application fee (first time licensee) of $10 per month (up to II
months) this includes the first two employees. Additionally, $5.00 will
be charged for each additional individual. The number of employees
should be counted based at the start of the business. Each employee wi II
be counted as one regardless of their status as part time, full time or
temporary.
B. A renewal fee of $75.00 includes the first two employees and for each
individual in excess of two, add $10.00 for each individual. The number of
employees should be counted based on the anticipated number of employees on
the payroll as of July. Each employee will be counted as one regardless of their
status as part time, full time or temporary.
I. In arriving at the number of individuals carrying on a business, the
Finance Department shall count the proprietors, officers, partners and
associates actively engaged in such business and the individuals
employed regularly or on a part-time basis. Individuals employed by an
owner or proprietor of a business who work entirely outside the
corporate limits of the City shall not be counted. Trade apprentices
receiving no compensation shall not be counted.
(Ord 2926; 2006)
6.04.085 License Tax Exemptions
A. The following persons are exempt from the license requirements imposed by the
Business License Law.
I. Persons whom the City is prohibited from licensing or taxing under the constitution
or laws of the United States, the constitution or laws of the State of Oregon, or the
Charter of the City.
2. Non-profit or charitable, religious or educational organizations which have received
a tax exempt certificate from the ]nlemal Revenue Service, and which devote the net
proceeds from the sale of goods or services to the purpose of the organization.
3. The sale of personal property acquired for household or other personal use by the
seller, provided that the total length of sale is fewer than 4 days in anyone calendar
year.
Page 3 of7
4. The operation of a display space, booth or table maintained for displaying or selling
merchandise at any trade show, convention, festival, fair, market, or swap meet
provided that the sponsor of the event is licensed to do business.
5. Any Family Day Care Provider who regularly provides day care in the provider's
home in the family living quarters, or any babysitter who goes into a home of a child to
give care during the temporary absence of the parent, legal guardian, or custodian.
6. Any unincorporated business activity carried on by individuals under the age of 18.
(Ord. 21221981; Ord. 2315 SI, 1984; Ord. 263] 1991)
6.04.090 Term
The business license term shall be for a fiscal year, beginning July I and ending June
30 of the next year, and business license taxes are due annually on or before July 1 of
the fiscal year for which the license is required. If, after September 30, a person begins
a business required to be licensed under this Chapter, the tax shall be pro-rated on a
quarterly basis. (Ord. 2734, I 994;Ord 2926, 2006)
6.04.]00 Issuance of License
Upon receipt of an application duly signed and executed as hereinabove prescribed,
together with the required tax, the Finance Department shall.issue a business license to
any applicant desiring to transact or conduct any lawful business within the City. If the
City has knowledge that the applicant is engaging in, or proposes to engage in an
unlawful activity, the City shall return the fee to the applicant, along with the reason
for so doing, and shall refuse to issue a license.
6.04.105 Duplicate License
A duplicate license shall be issued upon application and payment of a fee of $10 to
replace the license previously issued which was lost or destroyed
6.04.110 Transfer of License
No transfer of assignment of any license issued under this Chapter is valid or
pemiitted, except that when a person sells or transfers a business for which such
license has been issued, the purchaser is not required to pay an additional license tax
for the remainder of the fiscal year, provided the person selling the business notifies
the Finance Department in writing of the transfer of the business. If the location of a
business is changed, but the nature of the business is unchanged, the license may be
transferred to the new location.
Page 4 of7
6.04.115 Consumer Protection-Revocation
Any individual or firm against whom a judgment is entered for fraud related to the
business for which the license is issued, or which occurred within five (5) years
preceding the date of application, shall be subject to denial or revocation of a license to
conduct business within the City of AsWand. Denial and or Revocation are subject to
the appeal process of AMC 2.30.
(Ord 3024, 2010)
6.04.120 Temporary License
If a business licensed under this chapter is for a limited duration of not more than 30
days the fee will be $25, regardless of the numbers of the employees. (Ord 2926, 2006)
6.04.130 Delinquent Penalty
There shall be a penalty often percent (10%) with a minimum of$25 added to all
business license taxes paid later than 30 days after they are due. (Ord 2926, 2006)
6.04.140 License Must be Displayed
At all times after the issuance of the business license, the licensee shall cause it to be
posted in a conspicuous place upon the business premises, available for inspection by
the public and by employees and prospective employees of the business, provided:
A. That where the licensee has no office, business premises or other established place
of business within the City, the license shall be in possession ofa representative of the
business present within the City at all times during which business is being transacted
by an employee or representative within the City.
6.04.150 Penalties
A. Violation of AMC 6.04.030 [Operating business without license] in
accordance with this Chapter shall be considered a Class I violation, subject to
the limitations of AMC 1.08.
B. Any violation of the requirements of this chapter, not addressed in A above,
shall be a Class III violation as defined by AMC 1.08 and punishable as set
forth in that section.
(Ord 3024, 2010)
Page 5 of7
6.04.160 Evidence of Doing Business
In the trial of any alleged violation of this Chapter, evidence of advertisements by
newspapers, radio, television or other medium or by signs displayed for public view,
that such business was being conducted expressly or impliedly offering to sell goods or
services to the public or any segment thereof, shall constitute prima facie evidence that
the defendant was transacting business within the City on the day or date during which
such representations were made.
6.04.170 Confidentiality
Except as otherwise required by law, it shall be unlawful for the City, any officer,
employee or agent to divulge, release, or make known in any manner, any fmancial or
employee information submitted or disclosed to the City under the terms of this
Ordinance. Nothing in this Section 'shall prohibit:
A. The disclosure of the names and addresses of any persons to whom
business licenses have been issued; or
B. The disclosure of general statistics in a form which would prevent
the identification of financial or employee information regarding an
individual business licensee or applicant; or
C. Presentation of evidence to the court, or other tribunal having
,jurisdiction in the prosecution of a claim by the Finance Department; or
D. The disclosure of information when such disclosure of conditionally
exempt information is ordered under public rt<cords law procedures; or
E. The disclosure of records related to a business's failure to report and
remit the business license tax when the report or tax is in arrears for
over six months. The City Council expressly finds and determines that
the public interest in disclosure of such records clearly outweighs the
interest in confidentiality under ORS 192.501(5).
(Ord 3024, 2010)
6.04.180 Examining Books, Records, or Persons
The City, for the purpose of ascertaining the correctness of any license application, or
for the purpose of estimating any license fee, may examine or may cause to be
examined, by an agent or representative designated by it, any books, papers or payroll
records, state or federal payroll reports, bearing upon the matter.
Page 6 of7
6.04.]90 Appeals
Any person aggrieved by any detenninationofthe Director of Finance with respect to
the amount of such tax, interest, and penalties, if any, may appeal pursuant to AMC
2.30. The Findings of the Hearings Officer shall be final and conclusive, and shall be
served upon the appellant, in the manner prescribed above for the service of notice of
hearing. Any amount found to be due shall be immediately due and payable upon the
service of notice.
(Ord 3024, 20 I 0)
6.04.200 Records
It shall be the duty of every licensee to keep and preserve for a period of not less than 3
years such books and records as will accurately reflect the number of employees for
each license year.
6.04.210 Time of Effect
This Chapter shall take effect on July], 1976, and remain in effect until repealed.
(Ord. 1880, ] 976; Ord. 1938 1977; Ord. 2142 1981; Ord. 2631
Page 7 of7
ORDINANCE NO.
AN ORDINANCE RELATING TO BUSINESS LICENSES
Annotated to show tleletioFls and additions to the code sections being modified. Deletions are
bold .. . .. - and additions are bold underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the Citv 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 iJ1s:6n@stent with the foregoing; and, in
addition thereto, shall possess all power~h'efeinafter specifically granted. All the
authority thereof shall have perpetual succc$sion; '"
~---." )"
WHEREAS, the above referenced grant ;f power ~s~een,ih~reted as affording all
legislative powers home rule constitutional provisions reseived to Oregon Cities. Citv of
, ,
Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App.
293, 531 P 2d 730, 734 (1975); ~. ') '74
,V
WHEREAS, .
~" "'. .
/' -" .' .
THE PEOPLE OF THE CnYOF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION I. sec1~s\ ) ) [ '\ltlirough 1 are
'., J -""- .. /
hereby added to read as fol~\\'s<___ --.--....."-1/
"', ...................../
6.04.010 Purpose. "'- ",
This chapter is enacted primarily for the;j:mrpose of regulating businesses and collecting
revenues. The public's interest is se~ed by ensuring that businesses will be regulated in a
manner that promotes compliance $Jth applicable federal, state, and municipal laws, and
encourages businesses to engage in activities in a manner which does not detract from the
public health, safety, and welfare.
6.04.020 Definitions.'
A. "Administrative Services Director" means the person holding the position of
administrative services director or finance director or any agent, employee, or designee
authorized to perform the duties of this chapter by the city administrator. "Applicant"
means owner, proprietor or duly authorized agent for the business requesting a license.
B. "Business" means any profession, trade, occupation, shop, or any calling carried on for
profit or livelihood, including but not limited to the rental of commercial or residential
property, and those working as independent contractors, whether or not the contractor is
paid on an hourly or job basis.
C. "City" means the city of Ashland.
Ordinance No.
Page I of7
D. "City council" means the Ashland city council.
E. "Employee" means an individual who performs service for another individual or
organization. For purposes of this ordinance employee also means a licensed real estate
sales person or associate real estate broker who engages in professional real estate
activities only as an agent of a real estate broker or organization.
F. "Fiscal year" means a year starting on July 1st and ending on June 30th of the following
year.
G. "Hearings officer" means the city council, or an outside party not affiliated with the city
that is hired or selected to conduct an appeals proceeding.
H. "License" means the permission, privilege or approval granted by.the city to allow an
applicant to engage in a business or activity regulated by this,(ruipt€)-'upon issuance of
an annual or temporary license. A temporary license shalLixpire thirty days after
/ / '\. .....
issuance. / I '\. '"
I. "Person" means an individual, partnership, corporation 'dz. other busin~ss entity
recognized by Oregon law. ~"",
6.04.030 Licenses required - Presumption of conducting business. "\"-7'
A. License Required. It shall be unlawful for any person to, conduct business ~ifhin the city
without first obtaining the appropriate business license and maintaining compliance with
this chapter. ~
B. License Displayed. Upon issuance ~ra'bu~iness license, the licensee shall display the
license in a conspicuous place upon tlle.business premises so that it is available for
inspection by the public and by emplo'y~es:prospective employees and customers of the
business. If the licensee does not have a1\offif(Cbusi~ssilremise or other established
place of business within the City, the Iice\te~hall be w.possession of a representative of
the business present within the City when bhsiness is being transacted by an employee or
representative within the City. \:'-'.1
C. Presumption of Conducting Business. A person'is presumed to be conducting business in
. /. .-'V
the city apd.subject to this chapter if engaged in any of the following activities:
I. f\dvt:rtising,protherwise professing tei be doing business within the city;
2. /Prbviding go'Oas ~d1or services to customers within the city;
3~,6wning, leasing'or ;enting personal or real property within the city which is used in
~tr~de,or business~ \
4. Engagirlg in any transaction involving the production of income from holding
'. ".. I}
property~rthe gain/rom the sale of property; or .
5. Engaging in -;my acti{ity with the intent to realize a profit.
6.04.040 LicensingJ2':tions.. .
The following persons are exempt from the licensing requirements imposed by this chapter: ~
A. Persons whom the city is prohibited from licensing or taxing under the Constitution or
laws of the United States, the Constitution or laws of the state of Oregon, or the City 11..0
Charter. 1U/
B. Nonprofit, charitable, religious or educational organizations which have received a tax ",.
exempt certificate from the Internal Revenue Service, and which devote the net proceeds "'~,
from the sale of goods or services to the purpose of the organization. ~~
Ordinance No.
Page 2 of7
4
H.
JY~
C. A warehouse used in connection with a business, but maintained at a separate location
within the city, as long as the business which owns the warehouse maintains a valid
business license.
D. The sale of personal property acquired for household or other personal use by the seller
(e.g., garage or yard sales); provided, that the total length of all sales combined is fewer ~)
than four days in anyone calendar year. g:;,. rLf 50
E. The operation of a display space, booth or table maintained for displaying or selling l~ J.,qJ.(
merchandise at any trade show, convention, festival, fair, market, bazaar, or swap meet,
provided that the sponsor of the event is licensed to do business.
F. A person whose business consists of renting out less than two rental units within the city; . j
or less tl,3ft fnnT moms in onp ''''';d~..t:al HRil. rGW.O'lIttI-o("~ in ~ rt'Jl1l).~ )
G. Domestic Help. An individual hired or employed primarily for the performance of I ...11 t- [I
domestic duties or chores including child care, the m....a..inten.. ance ofa residence and thef (,.U'""" -n, J
care, comfort and convenience of members of the ~~i~enti.al househol.d. . r;r:c).JJ' ~ #,j
IndIVIduals who are employed by a busmess whl~Ii'ls'reqUlred to obtain a lIcense " 'y)uJ/)~~
pursuant to this chapter. ~. . .
Producers of farm products raised in Oregq,n,~pmf!uced jjy,themselves or'their immediate
familie~, shall not be subject to lice~se fees pr~~~~f~ j,njth!\~ection. that ma.y. apply to
the sellIng of such products m the city by themselveS!9rthelr ImmedIate familIes.
J. Any unincorporated business activity carried on by iriHi\!iduals under the age of 18.
6.04.050 License applications. . ~:/
A. The applicant for a business license shall provide. the info~.ation required on the city's
business license application, and the appropriate iionr~fundable business license fee, at
least 30 days prior ;())Ji~~te~he license is n~quested !o be effective. The city shall
require the name and address of the applicant and the business to be licensed, and any
other informatio~'appropriat~ t6 determine the ownership, location, management,
purpose, or other factots,relate'd-toJhe business;' which have bearing on the health,
safety, welfare, econo;ni~'o~velopm~l!!;-cod~~nience or necessity of the business to the
city or its citizens. The appI8ation shaIrbtf" signed by the applicant under penalty of
perjury and false swearing. Ihcdmplete applications shall not be processed.
B. A provisional license may be i~ued10 applicants applying for a permanent business
license: The provisionallicense.Jh~ll expire 30 days after issuance, or upon decision of
the city. administrator to'issue or deny a business license, whichever occurs first.
C. An applicant may apply 'for a temporary license if the business licensed under this
chapter is for aJimited duration of not more than 14 days. An applicant shall not receive
more than two temporary licenses in one fiscal year.
D. Applicants filing applications for licenses less than 30 days prior to the date the license
is requested to be effective shall pay a late application fee.
6.04.060 Investigation of applicant; Confidentiality.
A. Investigation of Applicant. By signing and submitting an applicatiDn for a business
license, the applicant consents to an investigation by the city to determine whether the
business is in compliance with applicable federal, state, and local laws. At the request of
the Administrative Services Director, the applicant shall submit additional
documentatiDn or information needed to determine compliance. The City may examine,
Ordinance No.
Page 3 of7
or cause to be examined, by an agent or representative designated by it, any"books,
papers, payroll records, state or federal payroll reports to ascertain the correctness of any
license application or to determine the appropriate fee.
S. Confidentiality. Except as otherwise required by law, it shall be unlawful for the City,
any officer, employee or agent to divulge, release, or make known in any manner, any
financial or employee information submitted or disclosed to the City under the terms of
this Ordinance. Nothing in this Section shall prohibit:
I. The disclosure of the names and addresses of any persons to whom business licenses
have been issued; or
2. The disclosure of general statistics in a form which would prevent the identification
of financial or employee information regarding an individual' business licensee or
applicant; or
3. Presentation of evidence to the court, or other tribunal having jurisdiction in the
prosecution of a claim by the Finance Department; or
4. The disclosure of information when suS~diSclosure of conditionally exempt
information is ordered under public records~law procedures; or . ".
5. The disclosure of records related to a buS(l1ess' s faiftlre to report and remidhe
business license tax when the report or tax 'isiiri'am;.afs.fot over six months. The City
Council expressly finds and determines that the,p"Ublic interest in disclosure of such
. " ~
records clearly outweighs the interest in confidentiality under ORS 192.50] (5).
, '-...',
. . ", . " "'~P
6.04.070 Issuance of a license. .. '"" ,/
\ /
All business licenses shall be issued by the finaricedepartment [!fter an evaluation by the
Administrative Services Director that the applic,ant has met all requirements of this chapter.
.~/ .
~~"
6.04.080 Characteristics of license. \
/:'.... \ :.\".
A. NDntransferableC'A lic~nse iss~ed pursuant to this chapter is nontransferable, unless the
transferee has applied 'for a libense.1ransfer that was approved by the Administrative
Services Director.. ~V~,--=:::_y
I. Sale or Transfer of Business. If a person licensed to do business within the city sells
,or transfers sl.lch busine;;S't~'another, the business license may also be transferred to
, ,the purchaser of 'the busine~suP6n written notification to the finance department of
" ,)... ,
the. transfer and approval by<the Administrative Services Director. In order for the
AdlTIinistrative Serv'ices Director to approve the transfer of the business, the
principal purpose of/the business must not change and the business must not have
any delinquent feel ,
-.. '.?'
2. Change ofLo~ation. If the location ofa business changes, but the principal purpose
of the business is unchanged, the license may be transferred 10 the new location upon
written notification to the finance department.
B. Renewable. Unless otherwise provided, a license issued pursuant to this chapter is
renewable as provided in AMC 6.04.110. Annual licenses issued under the provisions of
this chapter remain effective from July I st of the license year, or the date of issuance,
whichever is later, until June 30th of the following year.
C. Revocable. A license issued pursuant to this chapter may be revoked as provided in
AMC 6.04.120.
Ordinance No.
Page 4 of7
6.04.090 Fees.
All businesses, except those exempted in AMC 6.04.040, that engage in business activities
within the city limits shall be licensed. The amount to be paid as license fees, and all other
fees required by this chapter, shall be established by resolution of the city council.
6.04.100 License requirements.
In addition to any other requirements of this chapter, a licensee shall:
A. Abide by all federal, state, and local laws, zoning regulations, and provisions of this
chapter.
B. Notify the Administrative Services Director in writing within I O'Oays of any change in
the name, address, or telephone number of the business itselC6r'thebusiness owner(s),
principal purpose Df the business, status of state-issued lice~~s, or other material
information. . (( "" "'.
C. Maintain and preserve, for a period of not less than three\years, )ucYr.books and records
" "
as will accurately reflect the number of employees for each license 'year..
, ,
D. Advertise for business using only the nam~/~,?r which a license is held~"./
6.04.110 Renewal of license - Late fees.. )/
A. Application for a renewal of a license shall be made to the finance department 30 days
prior to the license expiration date,on the business license renewal form provided by the
city, accompanied by the appropriate fenelVal fee. .
B. Applicants filing renewal applicatiorls"afte0ugust I st of the license year shall pay a late
renewal fee as set by resolution. \V/'~"~
6.04.120 Denial or revocation oflicense. \.-:_ J//
A. The city may deny or revoke a license upon finding that:
]. The applicant fails to meet the requirem~itts~9f this chapter, or is doing business in
violation ofthischapter,.zoning regulatiohs:or applicable federal, state, county, or
, ""..i,?
loca!)aw~. ..
2. TM.applicant lias. provided false or inisleading information, or has omitted
.~(J,.. /disclosure ora'material fact on. the application, related materials, or license.
r< ,\k~U". 3c-,TheaP.Plicant ha's'a i)];evious history of unlawful business activity, which, if
~. ~ cbntinued, would be grounds for revocation of the license. A judgment entered for
fra~,related to the 5u~iness within five (5) years preceding the date of application
would tOl1stitute pri~a facie evidence of a previous history of unlawful activity.
4. The appll(;ant's pasf'or present violations oflaw, including a violation which does
not lead to a"co;(yj~tion, presents reasonable doubt that the activity performed by the
applicant can,bf performed without hann or danger to persons or property. However,
if the applicant demonstrates to the Administrative Services Director that the
violation has no bearing on the applicant's fitness to undertake the licensed activity
without endangering property or the public health, safety or welfare, the
Administrative Services Director may issue the license. The Administrative Services
Director may consider as a basis for denial or revocation:
a. Only those viDlations which would constitute felonies, if convicted, which
occurred within the preceding IS years;
b. All other violations only if they occurred within the preceding three years.
Ordinance No.
Page 5 of?
5. The information supplied for the review does not indicate that the applicant has the
special knowledge or skill required to perform the licensed activity.
6. The licensed activity would endanger property or the public health or safety.
7. . The applicable business license fee has not been paid by the due date.
B. The city shall provide written notice to the applicant of a denial or revocation. The
notice shall state the reason for denial or revocation and shall inform the applicant of the
right to appeal under AMC 6.04.\30.
C. The notice shall be given at least 30 days before the revocation becomes effective. If the
violation ends within the 30 days, the city may discontinue the revocation proceedings.
D. A person whose application for any business license has been denied or whose license
has been revoked may, after 90 days from the date of denial or revocation, apply for a
license upon payment of the application fee and submission of an application form and
required attachments.. .
E. A person whose application for any business license,has been denied or whose license
has been revoked for a total of two times within oni:y'€ar or who has a total off our
denials or revocations shall be disqualified fr9rrf'(pplying for a license fora period of
two years from the date of the last revocation.of'denial. \",.
. ~"v?~ \
6.04.130 Appeal. "'T \;.
Any person aggrieved by the Administrative Services Director's determination of the
"" ,..\ .
applicable fees or penalties, or the Administrative Services Director's decision to deny or
" ,. ~-
revoke their business license may appeal such action to a hearihgs'6fficer pursuant to AMC
2.30.020. . j/
6.04.140 Penalties. h~,
A. A violation AMC,6,04.030~A [License Required] shall be considered a Class I violation
subject to the lifuitations of AMC 1.08. .
:04~':~O~:::.~.:: ~:~~:::?b;" ch'p'" ,b,1I ooffitiMo, CI= 11\
The conviction of any person for a violation of any provision of this chapter shall not
operate to .relieve such person,from,p(ying any fee or penalty thereupon for which such
person shall be liable, nor shall the payment of any such fee be a bar to, or prevent any,
prosecution in the Ashland Municipal Court of any complaint for the violation of any
provision of this c4apt~L/
SECTION 2. Repeal. Ashland Municipal Code Chapter [ 1 is hereby repealed
in its entirety. Any municipal code provisions in conflict with the provisions contained
herein are also hereby repealed.
SECTION X. 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 X. Savinl!s. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced, shall
Ordinance No.
Page 6 of7
remain valid and in full force and effect for purposes of all cases filed or commenced during
the times said ordinance(s) or portions thereof were operative. This section simply clarifies
the existing situation that nothing in this Ordinance affects the validity of prosecutions
commenced and continued under the laws in effect at the time the matters were originally
fil ed.
SECTION X. Emerl!encv. Conditions in the City of Ashland are such that this Ordinance is
necessary for the immediate preservation of the public health, peace, and safety. An
emergency is hereby declared to exist by unanimous vote of the Council, and this Ordinance
shall be in full force and effect after its passage and approval by the Mayor.
SECTION X. 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-lettered,
provided however that any Whereas clauses and boil~l:ite,provisions (i.e: Sections X-X)
need not be codified and the City Recorder is auth~~ed to correct any cross-references and
any typographical errors. A'~" "'. ..
"" ) .
\."0.A/~
The foregoing ordinance was first read by title only in~6~ance with Article X,
Section 2(C) of the City Charter on the~day of '" "" ,20]],
and duly PASSED and ADOPTED this \ ',day of "- '--;:7 ,20] 1.
---;--- " "
.,
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Barbara M. Christensel1; City .R.ecorder \
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~~. Jr~_ )..
SIGNED and.APRROVED\thisr---.day~~
f>~~.'\ ~"".'..Y ....;J
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R,,;,w,d ~ ;ov
~..,\y
Megan Thornton, ]nte'rlm City Attorney
c.
,2011.
John Stromberg, Mayor
Ordinance No.
Page 7 of?
RESOLUTION NO. 2010 -
A RESOLUTION ESTABLISHING FEES BUSINESS LICENSES
Recitals:
A. Section 6.04 of the Ashland Municipal Code specifically authorizes the City Council to
establish fees for business licenses by Resolution of the City Council; and
B. On February 1,20] I, and February] 5,2010, the Ashland City Gouncil provided an
opportunity for public comment on the proposed fees and charges-"<:ontained herein in
accordance with ORS 294.160( I); and . / <
C. The Council finds and determines that the imposition of these administrative fees is
appropriate to support the efficient and cost effective bp~ratioi1'ofthe business license
program; and ,~ '~,
THE CITY OF ASHLAND RESOLVES AS FOLLOWS: \'/
SECTION I. Pursuant to AMC 8.04, Business Licenses, the following fees are setTorth in Table
1, and are hereby approved and established.
\"'~
\ ~~BL~ I
. \" ",
\. "- ,
. CITY OF ASHLAND\BUSINESS'LICENSE FEES
Initial Business License Application Fee \\ $.75,ironlyj.eIDPloyee'
Licensee shaJl pay a prorated fee for each month, or \ v/ )//
.
portion of a month, remaining in the fiscal-year from the \$120 for first 5 employees' + $5 for each
date of the aDolicatian. with a minimum fee af$25. ~dditional employee
Temporary Business License Application Fee $2-5'/'
. .,.
Renewal Application Fee $50 if only 1 employee*
/~--'---"",- $75 for first 5 employees' + $5 for each
/~,.~ '"
/ ........ .'. additional employee
Rental ProJ)efty:Fee '\\ $75 for three properties + $5 for each additional
r~ "" propertv
Late Application'Re~\ \ \ $25
\
Late Renewal Fee " ". I l $25
I
'Pursuant to AMC 6:04.020IElan employee is an individual who performs service for another
individual or orga;izatibn~The number of employees reported shall be the number of employees
as of the date the new 'application or renewal will become effective if approved. It does not
I,
matter whether an individual is a full, part-time, or temporary employee for business license
purposes.
SECTION 3. All other fees and charges inconsistent with the fees and charges set forth herein
are repealed.
SECTION 4. .This Resolution was duly PASSED and ADOPTED this day of
,2011, and after signing by the Mayor takes effect on March 15,2011.
Page 1 of 2
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,201 I.
~
JDhn Stromberg, Mayor
Reviewed as to form
Megan Thornton, Interim City Attorney
L'."
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Page 2 of 2
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
City Attorney Candidate Screening
January 18,2011 Primary Staff Contact:
Administration E-Mail:
None A Secondary Contact:
Martha J. Benne It Estimated Time:
Martha J. Bennett
bennettm@ashland.or.us
Tina Gray
5 minutes
Question:
Which City Council members will be appointed to screen applications for the City Attorney position?
Staff Recommendation:
Staff recommends that the City Council appoint two Councilors to work with Mayor Stromberg to
screen candidates for the City Attorney position.
Background:
The City has been recruiting candidates for the vacant City Attorney position since early December.
The position closes on Friday, January 21.
Because the person in this position is one of two in the City who report directly to the Mayor and
Council, staff recommends that Councilors be involved in screening applications fDr additional
consideration.
There are several options. Staff recommends that Council select two of its members to work with
Mayor Stromberg to review applicants and recommends candidates for additional consideration. The
City Administrator and Human Resources Manager will support the Councilors and Mayor in this
review. Staff recommends the resume review take place during the week of January 24. This will
allow the Council to schedule intervi"iws during February or to extend time period for applications.
Alternatively, the Council can ask the Mayor to conduct the initial screen and recommend candidates
to the Council. Another option would be for all six Councilors and the Mayor to read all of the
applications and then meet in Executive Session to discuss candidates who you want to interview.
Council Options:
. Appoint two Councilors as requested.
. Request that the Mayor screen candidates, and ihat the Council go over his recommendations in
an executive session.
. Have the entire Council review all resumes
Potential Motions:
. 1 move)
Attachments:
None
Page] of 1
~~,
Council Communication
Adoption of an Ordinance Creatin~ a Firewise Commission
Meeting Date: January 18,2011 Primary Staff Contact: Martha Bennett
Department: Administration E-Mail: bennettm@ashland.or.us
Secondary Dept: Fire Department Secondary Contact: John Karns
Approval: Martha Benne Estimated Time: 5 minutes
. Question:
Will Council approve Second Reading of an ordinance titled, "An Ordinance Relating to Creation of a
Firewise Commission"?
Staff Recommendation:
Staff recommends approval Df second reading of the ordinance.
Background:
The City of Ashland faces considerable risk from wildland fire. Ashland's risk of wildfire has been
well-documented in both the State of Oregon and Jackson County wildfire risk assessments (State of
Oregon Wildfire Risk Assessment 2005, Jackson County Integrated Fire Plan, 2005), as well as in the
City's Community Wildfire protection Plan (CWPP). Factors include high housing density, narrow and
winding streets, a finite water supply, commonly hot and dry days, a history of wildfires and ample fire
starts, steep topography and highly flammable vegetation in and surrounding the community.
Many educational and tactical wildfire prevention and mitigation activities have been made over the
years by the City of Ashland. However, the most effective actions in preventing home ignition must be
taken within 30-100 feet of a home, and having homeowners take responsibility for wildfire prevention
is key to successfully preventing the loss of homes during a wildfire. Neighbors working together is
key to comprehensive wildfire protection, since many Ashland residents are affected by their
neighbors' properties.
The National Fire Protection Association's (NFP A) Firewise Communities USA is a highly successful
national program that addresses the particular needs of communities facing wildfire risks. It
encourages homeowner responsibility in modifying vegetation and fire-resistant construction, allows
partnerships between government and citizens, and works to unite communities under the common
goal of reducing home ignition. The program offers standards of achievement and a recognition
program with certification to the community once certain steps have been completed. A key
component of the program is encouraging ongoing protection and participation, and it thus offers an
annual recertification process to ensure the long term commitment to protection of homes from
wildfire. A board made up of interested homeowners and residents is a requirement of the Firewise
Communities program. The purpose of the Commission is to accept the wildfire risk assessment and to
plan for mitigation activities based on the assessment. It is also responsible for the annual
recertification process and truly acts as a guide for the community when addressing wildfire mitigation
activities and funding for Firewise work.
The initial stages of Firewise certification in Ashland will require the efforts of smaller neighborhoods
working together. These neighborhoods will report to the Firewise Commission and can work under
Page I of2
~~,
their umbrella. Over time, the efforts of residents will be less neighborhood-based and more area-
based. As the program becomes more widespread and cohesive, the Commission can work on a city-
wide level to encourage wildfire prevention and mitigation activities, as well as renew the annual
certification. Thus the Firewise Commission will act to unite the efforts of smaller neighborhoods over
the years, maintaining this vital program. Using the pre-existing area designations of the CERT
program allows participation in a geographically meaningful way, while utilizing an existing system of
boundaries. The goal is not to certify each and every home or neighborhood within each CERT area,
but to provide some geographical relevance to the process.
Benefits to the City include the use staff and volunteer time that is eligible to use as matching funds for
federal grants, many of which require a 25% local match. Establishing a Firewise Commission
provides an accountable method to indicate to grant-requesting entities that Ashland has affirmed its
dedication to wildfire risk. In addition, recognized Firewise Communities may also be eligible for
more FEMA pre and post disaster hazard mitigation grants.
NFPA's Firewise Communities USA program successfully meets the needs of high-risk communities
by offering vulnerable communities a structure for managing the risk. Many Firewise communities
have survived the real life test of nearby wildfires, escaping unscathed from wildfire while neighboring
communities have suffered losses. Firewise Communities is effective approach for mitigating wildfire
risk, and having a citywide Firewise Commission to oversee the actions and plans of the participating
neighborhoods is vital to its long tenn success. . ,
Related City Policies:
. Community Wildfire Protection Plan, 2004
. Citizen Participation Plan, 2000
. Council Values, June 2010; Values of Participatory Government and Community
.2010-201 I Council Goals; Partnerships
Potential Motions:
Council can:
. Approve ordinance creating a Firewise Commission
. Amend ordinance
. Table ordinance
Attachments:
Ordinance
Page 2 of2
~~,
ORDINANCE NO.
AN ORDINANCE RELATING TO
CREATION OF A FIREWISE COMMISSION
Annotated to show deletioHs and additions to the code sections being modified. Deletions are
bold ,. ~ and additions are bold underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the Citv 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 Firefighters, Local ]660, Beaverton Shop. 20 Or. App. 293,
531 P 2d 730, 734 (1975); and
WHEREAS, Ashland Fire and Rescue desires to create a commission to maintain the City's
certification and propose fire mitigation tactics.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDA]N AS FOLLOWS:
SECTION 1. A new chapter, 2.26 [Firewise Commission], consisting of Sections 2.26.010
[Purpose] through 2.26.030 [Powers and Duties - Generally], is hereby added to read as follows:
2.26 Firewise Commission
2.26.0]0 Purpose
The Firewise Commission shall provide advice and guidance to the Council and city departments
on wildfire issues and plans for mitigation action within the community. Specifically, the
Commission will function as the entity to support and maintain the City's certification through
Firewise Communities, USA.
2.26,020 Established Membership
The Firewise Commission is established and shall consist of no less than seven (7) voting
members, and certain non-voting ex officio members consisting of a member of the City
Council, a representative of Ashland Fire and Rescue, and additional staff as needed. The Fire
Department designee shall serve as the primary staffliaison and as Secretary of the Commission.
Voting members will be community members at large, and shall be designated by the Mayor and
Page I of2
confirmed by the council. Community members will be encouraged, but not limited to,
neighborhood representatives based on Firewise Communities neighborhoods.
2.26.030 Powers and Duties - Generally
The powers, duties and responsibilities of the F'irewise Commission shall be as follows:
A. To develop, coordinate and promote wildfire mitigation activities based on Firewise
community assessments;
B. To initiate and enhance full citizen participation in reducing wildfire risk;
C. To submit recommendations to City Council and city departments regarding wildfire
safety mitigation;
D. To implement and renew Firewise Communities USA certification on an annual basis;
and .
E. To promote public knowledge and acceptance of the Firewise Communities program and
homeowner participation in assuming responsibility for reducing wildfire risk.
SECTION 2, Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 3. 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 2-3) 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 , 20 I O.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2011.
John Stromberg, Mayor
Reviewed as to form:
Megan Thornton, Interim City Attorney
Page 2 of2