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HomeMy WebLinkAbout2006-0815 Council Mtg Packet CITY OF ASHLAND Important: Any citizen attending council meetings k on any item subject of a public hearing, hich has been closed. ic Forum i on the printed ag ish to speak, please fill out the S entra ers. The chair will recogniz The time granted will Ie who the agenda, unless it is the to speak on any subject not uest form located near the orm you as to the amount of e extent on the nature of the item under ength of the Clgehda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL August 15, 2006 Civic Center Council Chambers 1175 E. Main Street 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES V. APPROVAL OF MINUTES [5 minutes] 1. Executive Session meeting minutes of August 1,2006 2. Regular Council meeting minutes of August 1, 2006 VI. SPECIAL PRESENTATIONS & AWARDS None. VII. CONSENT AGENDA [5 minutes] 1. Minutes of Boards, Commissions, and Committees 2. Liquor License Application - Manna 3. Liquor License Application - Pancho's Restaurant 4. Liquor License Application - Vinyl Club 5. Approval of personal service contract in excess of $25,000 for Bob Murray & Associates to Conduct an Executive Search for Police Chief 6. Acceptance of Pedestrian/Bicycle Easement VIII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject of a Land Use Appeal. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC ~2.04.040}) None. IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number of individuals wishing to speak.) [15 minutes maximum] COUNCE. MEETINGS ;\RI". BROADCASTL.IVl~ ON ClJANNEL 9 VISIT THE CITY ()F ASHLAND'S Vv'FB SITE AT WWW.ASHLAND.()R.US X. UNFINISHED BUSINESS None. XI. NEW AND MISCELLANEOUS BUSINESS 1. Report on Regional Problem Solving (Kate Jackson) 2. Fire Station No.2 Replacement Project & Bond Proposals [30 Minutes) 3. LEED Recommendations for the Proposed Fire Station NO.2 [20 Minutes) XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Second Reading of an ordinance titled, "An Ordinance Amending the Ashland Municipal Code Relating to Adoption of the 2004 Oregon Fire Code" 2. First Reading by title only of an ordinance titled, "An Ordinance Amending Ashland Municipal Code Section 9.0B.170C to Exempt Transitory Vehicles From the Nuisance Noise Provisions" 3. Reading by title only of, "A Resolution Accepting the Grant Offer of The State of Oregon Through the Oregon Department of Aviation in the Maximum Amount of $20,000 to be Used Under the Financial Aid to Municipalities Program in the Maintenance of Ashland Municipal Airport" 4. First Reading by title only of an ordinance titled, "An Ordinance Annexing Property and Withdrawing an Annexed Area from Jackson County Fire District No.5 (593 Crowson Annexation)" XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Council consideration of a resolution requesting that Mount Ashland Expansion not proceed until all Federal Court appeals are completed. 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 wi/1 enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL MEETINGS ARJ: BROADCAS'j l.lYE ON CIIANNEL 9 VISIT TIlE CITY ()F ASHLAND'S WEB SITE AT WWW.ASHLAND.OIU.1S ASHLAND CITY COUNCIL MEETING AUGUST I, 2006 PAGE 1 of6 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL August 1, 2006 Civic Center Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Morrison called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilors Hardesty, Amarotico, Hartzell, Jackson and Silbiger were present. Councilor Chapman was absent. APPROVAL OF MINUTES The minutes of the Executive Session Meeting of July 18, 2006 and the Annual Hospital Board/Council Meeting of July 18, 2006 were approved as presented. It was requested that the Regular Council Meeting minutes of July 18, 2006 be approved with the following amendments: 1) Include Councilor Hartzell's question on how the Airport Master Plan addresses growth management, 2) Include a summary of the statement submitted by Tom Dimitre, 3) Correct wording to read "prescriptive easements" on page 6, under Request from Councilor Hartzell to Discuss Railroad Clean-up, 4) Include the request for staff to send DEQ a letter providing input on the Storm Water Permit, and 5) Include the header "Other Business from Council" at the top of page 7. SPECIAL PRESENTATIONS & AWARDS (None) CONSENT AGENDA 1. Minutes of Boards, Commissions, and Committees. 2. Appointment to Tree Commission. 3. Appointment to Planning Commission. 4. Approval of Grant Distribution Greater than $75,000 for Oregon Shakespeare Festival. Councilor Hartzell requested Item #4 be pulled for discussion. Councilor Amarotico/Jackson m/s to approve Consent Agenda Items #1-#3. Voice Vote: Councilor Hardesty, Amarotico, Jackson and Silbiger, YES. Councilor Hartzell, NO. Motion Passed 4-1. Councilor Hartzell requested the recording requirements for the Oregon Shakespeare Festival and Chamber of Commerce be the same as those for the other grantees. Administrative Services Director Lee Tuneberg clarified the smaller grantees identify how they intend to use the funds in their application, and based on this information, a grant amount is determined. He stated the Chamber of Commerce and the Oregon Shakespeare Festival grants differ in that the City's resolution identifies how much money each organization will be awarded and at the end of the year, they are required to submit a report detailing how the grant money was used. Councilor JacksonlSilbiger m/s to approve Consent Agenda Item #4. Voice Vote: Councilor Hardesty, Amarotico, Jackson and Silbiger, YES. Councilor Hartzell, NO. Motion passed 4-1. .' I ASHLAND CITY COUNCIL MEETING AUGUST 1,2006 PAGE 2 of6 PUBLIC HEARINGS (None) PUBLIC FORUM Sally Evans/62 Dewey Street/Spoke regarding the amended Charter language on water rights and commented on the importance of water and the need to protect the City's good drinking water. Philip Lang/758 B Street/Shared his concerns with the Charter review process and requested extended public hearings, discussion, and education on the proposed new provisions. Helga Motley/231 Gresham Street/Stated the proposed revision to the water rights language is ambiguous and provides a loophole to export and sell City water. Ms. Motley asked for the Charter language to be very clear on this issue and requested the City extend this process to allow for public input. Mori Ink/V oiced support for the Ashland Constitution group and stated it is the Council's obligation to ensure the City's water rights are protected. Ms. Ink requested the Council not place the revised Charter on the November ballot and recommended they ask the City Attorney to provide clearer language. Art BullocklRequested the Council: 1) place the video links to the Charter Review Committee meetings on the City's website, 2) not approve the water as a commodity language proposed by the City Attorney which creates anew loophole, 3) hold a public hearing on the water powers language, and 4) not place this version of the Charter on the November ballot and instead postpone to a special election. Nick Frost/224 N Third Street/Spoke regarding water rights and stated the loopholes need to be closed. He stated this subject requires input from the citizens and stated it would be a travesty to ignore the fact that this is important to many citizens. Wes Brain/298 Garfield/Spoke regarding water issues and the language proposed in the Charter. He requested a public forum be held to discuss the proposed language and encouraged Council to consider the alternative language proposed by the Ashland Constitution group. Mr. Brain also requested the Council not place the Charter on the November ballot. Nina CouncillRequested the Council hold a public forum and stated she does not support the proposed water language. Terry Nelsen/Stated the revised Charter is a long way from being ready for the voters and noted that the Charter Review Committee had recommended a separate panel be formed to address the water issue. Mr. Nelsen shared his concerns with the phrase "principal commodity" and stated this wording creates enormous loopholes. City Recorder Barbara Christensen clarified the Charter Review Meeting videos are available through her office. She stated the online video links were removed from the City's website because RVTV had taken the videos off their server and the links were no longer working. Ambuja Rosen/Requested the City adopt an ordinance prohibiting prolonged tethering of animals and asked that two councilors bring this forward for consideration. Mayor Morrison clarified it only takes one councilor to place an item on the Council agenda. Bill Little/80 High Oak Street, Medford/President of Mt. Ashland Association/Commented on the Mt. Ashland ski area expansion and clarified the expansion was approved in 1991. He stated at this point they .. I ASHLAND CITY COUNCIL MEETING AUGUST 1.2006 PAGE 3 of6 are waiting for resolution of two legal lawsuits that were filed in an attempt to stop the expansion. Mr. Little stated they have no defmite plans to move forward with the clearing of terrain; and, should they receive a favorable ruling, there will still be adequate time for the plaintiffs to appeal the decision. Mr. Little assured the Council that MAA would speak with them before moving forward with any expansion plans. Carola Lacy/140 Third Street/Commented on the Mt. Ashland expansion and stated she does not live to ski, but must have water to live. Ms. Lacy suggested the Council utilize its authority to make a decision on this issue, rather than going through several years of appeals, and asked that they act on the citizen's best interests. Melissa Mitchell-Hooge/271 High Street/President of "Save our Schools and Playgrounds"/Provided a report on the community forum on workforce housing that was held on May 4,2006. Ms. Mitchell-Hooge requested the Council: 1) promote the revision of the code to encourage higher density, smaller lots and smaller houses, 2) support the creation of a local housing trust fund, and 3) help support an education and awareness campaign. UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Lithia Lot Development, Kendrick Enterprises Negotiations. Housing Program Specialist Brandon Goldman presented the staff report and clarified Council had previously directed staff to enter into discussions with Kendrick Enterprises to refme their proposal for the development of the Lithia Lot. Mr. Goldman noted this has been an ongoing project and commented on the changes that have occurred since this proposal was last presented to the Council. He clarified: · ,All ten affordable units will be targeted to 60% area median income or less, · The proposal includes three condominium market rate units, which will assist in offsetting the development costs of the affordable housing components, · The proposal includes sixteen underground parking spaces. Four spaces for the affordable units, three spaces for the market rate housing, and nine spaces in addition to the one on-street parking space will be available for public parking, · There will be a minimum 60-year affordability period. At the conclusion of this period the commercial component will revert to the City, and · The market rate units will be sold at the onset of their development and not revert to the City. Mr. Goldman clarified the estimated value of the property with the parking encumbrances is $220,000 and stated ifthe City were to sell the property with no restrictions the value would be approximately $490,000. He noted that Bob Kendrick of Kendrick Enterprises and Mary Hart of Access, Inc. were available for Council's questions and requested approval of the proposal as presented and for Council to direct staff to draft a lease agreement with Kendrick Enterprises. City Attorney Mike Franell commented the restrictions for negotiating and clarified as long as the nature of the project remains constant, there are no restrictions on negotiating changes. Councilor Hardesty questioned if the changes in cost have gone up due to the Oregon Bureau of Labor and Industry's (BOLl) prevailing wage and suggested the possibility ofthe commercial component reverting to Access, Inc. as a means to reduce these costs. She also suggested the three market rate units have a stipulation that they be occupied for at least 11 months out of the year. Mary Hart addressed the Council and explained how this project moved from the Ashland Community Land Trust to Access, Inc. She stated Access has a different area of expertise and due to the complexity of this project, it was determined that Access was the better fit. ASHLAND CITY COUNCIL MEETING AUGUST I, 2006 PAGE 4 016 Mr. Goldman clarified if Council decided to start over with this project, it would likely be another year before staff could be back at the table with a viable project. He also noted the 2002 Housing Needs Analysis identifies studios as the most in demand rental type within Ashland with close to a 0% vacancy rate. It was questioned if Council would be able to re-negotiate with the other bidders if this project was not approved. Mr. Franell noted his uncertainty as to whether this project fell under the public contracting requirements due to it not being operated by the City and because certain components will never be owned by the City. He stated if it is determined this project does not fall under the public contracting rules, the City could look at the other proposals that were brought forward. Colin Swales/461 Allison Street/Expressed his concern with the three market rate units being used for travel accommodations and noted a recent appeal that came before Council for a similar situation. He commented on the value of this property to the City and noted the zoning allows the structure to have a height of 55 feet. Mr. Swales stated there are more creative options for this site and suggested the proposal be sent back to the drawing board. Philip Lang/758 B Street/Commented on affordable housing tax credits and the need for a housing authority. He stated the private sector was not the answer and could not provide what the City needs and offered his assistance on addressing this issue. Ron Roth/6950 Old Hwy 99 S/Encouraged the Council to accept staff's recommendation and move forward with this project. He commented on the process and voiced his objections to going back to the drawing board at this point. Mr. Roth stated this project would replace some of the small studio units that have been lost to commercial development and hopes this will be the first of other affordable housing units built on publicly owned property. Mr. Kendrick responded to the public testimony and stated that state law restricted creativity and noted there are code requirements which need to be met. He stated a structure that was the maximum allowed height would not have enabled them to add any more units and clarified the market rate condominiums will be exactly the same size and quality ofthe affordable units. He noted the amount of money he has invested in this project and stated the 60-year term is necessary in order to have a return on this investment. Council discussed whether to approve staff's recommendation. Councilor Jackson voiced support for moving forward, however objects to the three market rate units being used as travel accommodations. Councilor Hardesty objected to the market rate units being used as travel accommodations and requested these units be occupied at least 11 months out of the year. She also questioned if the costs could be reduced by having the commercial component revert to Access, Inc. Councilor Silbiger voiced objections to the units use as travelers accommodations and stated he is open to negotiate what will happen with the commercial component after the term is up. Councilor Hartzell voiced her concerns to the proposal, including the parking issue, the ratio of commercial to residential in the downtown area, and the term of the lease. Councilor Amarotico/Jackson m/s to approve the conceptual plan and proposal and direct staff to draft a lease agreement for the property that would allow the project to proceed through the planning application phase and to present the lease agreement to Council for final approval with the pre- stipulations that travelers accommodations not be allowed, that they consider full time occupancy as a requirement, and that they consider Councilor Hardesty's suggestion for the commercial area to revert to Access at the end of the term. DISCUSSION: City Administrator Martha Bennett clarified the City could not get a BOLI determination until there is a lease, however if it is determined they do not have to pay the BOLI prevailing wage, staff would look at putting the extra money towards a shorter commercial lease or lower rents, or a combination of the two. Comment was made that should the City do another project ASHLAND CITY COUNCIL MEETING AUGUST 1,2006 PAGE 5 of6 like this, they should set a limit on how much profit they would allow. Roll Call Vote: Councilor Amarotico, Hardesty, Jackson, Silbiger, YES. Councilor Hartzell, NO. Motion passed 4-1. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Second Reading of an ordinance titled, "An Ordinance Withdrawing an Annexed Area from Jackson County Fire District No.5 (Cochran Annexation, 380 Clay Street)." Councilor JacksonlSilbiger m/s to approve Ordinance #2928. Roll Call Vote: Councilor Amarotico, Hardesty, Hartzell, Silbiger and Jackson, YES. Motion passed. 2. First Reading by title only of, "An Ordinance Amending Chapter 15.04 (Building and Construction) Section 1504.214 and Section 15.04.216 Relating to the Approval Process and Demolition and Relocation Standards of the Ashland Municipal Code." City Building Official and Staff Liaison to the Demolition Review Committee & Appeals Board, Mike Broomfield, presented the staff report. He explained the Demolition Review Committee has struggled with the demolition and relocation standards for buildings over 45 years of age, specifically the demostration of the re-use and defmition of an economically beneficial use. Mr. Broomfield stated the Committee requested changes be made to the language and the proposed Ordinance incorporates those changes. Mr. Broomfield clarified for Council the defmition of dangerous buildings is found in the 2003 International Residential Codes, the Oregon Residential Specialty Code, and the 2003 International Building Code. He stated a dangerous building has 17 potential criteria, however mold is not one of those criteria. Mr. Broomfield noted the ordinance adds time to the process to allow for the Historic Commission to be more involved in the process. Council commented on this section of the proposed ordinance and it was requested that the ordinance be amended to more clearly state what the Historic Commission will do. Mayor Morrison agreed that the sentiment is correct, however the current wording is too vague. Councilor Hartzell also requested staff look into whether the Historic Commission can have any authority in regards to demolition applications. It was clarified staff would make the requested changes to the ordinance and bring it back for first reading. 3. First Reading by title only of, "An Ordinance Amending the Ashland Municipal Code Relating to Adoption of the 2004 Oregon Fire Code." City Building Official Mike Broomfield explained that recent changes to AMC Section 15.04 inadvertently deleted changes that were made to the Fire Code, which was adopted by the Council in December 2005. He stated the adoption of this ordinance would correct this error. Councilor Hartzell/Silbiger m/s to approve first reading and place on agenda for second reading. Roll Call Vote: Councilor Hartzell, Jackson, Silbiger, Amarotico and Hardesty, YES. Motion passed. 4. Reading by title only of, "A Resolution Adopting Grading Plan Review and Grading Permit Fee Schedule in Accordance with the 2003 International Building Code, as Adopted in Ashland Municipal Code, Section 15.04.010(B)(2)." City Building Official Mike Broomfield stated this resolution provides a fee schedule to the previously adopted grading ordinance. He noted there may be additional fees that apply based on the level of review that occurs. Councilor JacksonlAmarotico m/s to approve Resolution #2006-19. Roll Call Vote: Councilor Silbiger, Amarotico, Hardesty, Jackson and Hartzell, YES. Motion passed. ASHLAND CITY COUNCIL MEETING AUGUST 1,2006 PAGE 60f6 5. Reading by title only of, "A Resolution Amending Resolution No. 2006-16 Clarifying Conditions of Employment for Management and Confidential Employees for Fiscal Year 2006-2007." Human Resource Manager Tina Gray presented the staff report on the proposed resolution. She noted at the Council's June 28, 2006 meeting the Council adopted a resolution contingent on a language change for Section 14.2. She stated the alternate language is included in the packet materials and ties the management resolution to the language in the Ashland Municipal Code and gives the City Administrator authority to set and amend the salary schedule. Councilor Silbiger/Jackson m/s to approve Resolution #2006-20. Roll Call Vote: Councilor Hartzell, Jackson, Hardesty, Amarotico and Silbiger, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS (None) ADJOURNMENT Meeting adjourned at 9:52 p.m. Barbara Christensen, City Recorder John W. Morrison, Mayor CJ1YCOUNC~STUDYSES~ON JULY 13,2006 PAGE 1 of3 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL July 13, 2006 Civic Center Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Morrison called the Study Session to order at 5: 15 p.m. in the Civic Center Council Chambers. ROLL CALL Councilors Amarotico, Silbiger and Chapman were present. Councilor Hartzell arrived at 5:20 p.m. Councilor Jackson was absent. 1. Orel!on Department of Environmental Quality Update on Railroad Property Clean-Up. Greg Aitken with the Oregon Department of Environmental Quality (DEQ) addressed the Council and explained the DEQ has decided to not approve the Union Pacific Railroad's plans for the voluntary cleanup of the railroad property in Ashland. He stated the reason for rejecting the plan is based on three factors: 1) a mistake was made in the selection of a 30 ppm arsenic clean-up level, 2) deeper contamination than previously known to exist has been discovered since the 2001 decision and will increase the amount of excavation materials from 5,000 cubic yards to 45,000 cubic yards, and 3) issues have been raised regarding the implementability of the clean-up method selected. Mr. Aitken also noted the many comments they received from the community regarding the truck vs. rail clean-up options. He stated the Record of Decision proposed a "dig and haul" approach, however the decision did not indicate which method should be used. He stated the DEQ still believes that trucks could be used safely, however this may not be acceptable to the community. At this point, the clean-up plan has been called off by the Union Pacific Railroad. Mr. Aitken explained this is a voluntary clean-up project and is classified as low priority by the DEQ because of the low levels of chemicals on the site and the low exposure risks. He stated the DEQ would revisit the Record of Decision, however it will be up to the Railroad to determine the clean-up schedule. He noted it has been 5 years since the DEQ's initial decision and the Railroad could decide to sit on this project for another 5-10 years. Mr. Aitken presented a diagram of the Environmental Clean-up Process for the Ashland Yard and provided an explanation of the actions that lead to the DEQ's Record of Decision. He clarified that feasibility studies are valid indefinitely, except in the circumstances where new information is presented, and stated the DEQ always retains the ability to re-open a decision. In this situation, they do feel there is enough information to re-evaluate their previous decision and will do a ROD amendment once the Railroad indicates they are ready to move forward with the clean-up. Once the Railroad informs the DEQ they are ready to begin working through this process again, the DEQ will amend their staff report, present it to the City of Ashland, and complete the public involvement process. Mr. Aitken stated the Union Pacific Railroad has indicated no interest in resurrecting this project any time soon, however they did state they would be placing a temporary fence and signage around the entire parcel within the next few weeks. Mr. Aitken clarified the following concerns for Council: 1) The contamination is not growing, migrating, or going deeper into the soil. 2) The DEQ would perform water quality testing if there were evidence of a problem and this issue can be looked into during the re-evaluation of the site. ~. I CITY COUNCIL STUDY SESSION JULY 13, 2006 PAGE 2 of3 3) The Record of Decision did not sufficiently address air quality monitoring during implementation and the DEQ will need to gather more information on this issue. 4) If the City were interested in local monitoring, the DEQ could provide information and assistance on this endeavor. 5) The ground water on the site was tested and contamination was found; however, it is immobile material and there is no opportunity for people to come in contact with it. 6) The Railroad could decide to cover the arsenic areas, however the current exposure levels would not require the DEQ to prompt this. Council questioned what actions the City can take before this issue is put to bed. Mr. Aitken stated the City could send a letter expressing their concerns to the DEQ. They would look at the questions raised, respond to the City, and determine if there is reason to take further action at this point. Request was made for this item to be discussed at the next Regular Council Meeting. Mayor Morrison encouraged citizens to forward any questions that were not addressed to either city staff or the DEQ. 2. Discussion of Draft Charter and Draft City Mana2er Charter Amendment. Management Analyst Ann Seltzer explained the City Council last addressed the draft charter at a Special Council Meeting on February 9, 2006. At that time, the Council directed staff to re-draft the Ashland model charter prepared by Tom Sponslor along with the City Manager amendment, and bring it back to Council for further review. Ms. Seltzer requested Council discuss the charter and direct staff to either move forward with preparing the ballot language or defer this project to a later date. City Administrator Martha Bennett explained this issue has been posted to the Council Look-Ahead for some time, however it is up to the Council when they wish to move forward with placing the charter on the ballot. City Attorney Mike Franell clarified Council directed staff to follow the recommendations of the Charter Review Committee, with the exception of Recommendations #1, #2, and #4. He stated the draft charter presented to the Council incorporates these changes and he requested direction from Council as to what else they would like to see in this document. He noted the draft charter was missing language regarding the City Manager/City Administrator position and this would be added to Section 35. He also stated the draft does not include language regarding the sale of city water, and noted the alternatives presented to the Council address this provision. Council discussed the two water language options presented by staff. Mr. Franell stated the current charter has limitations on providing inhabitants with city water and shared his concern that technically, a business within the City is not an inhabitant. He asked Council for clarification on the intent of this language and stated if the alternatives do not accurately capture this, he could prepare new language. Comment was made that the language should prohibit the sale of water rights and the re-selling the water directly. Additional statement was made to prohibit the privatization or leasing of the city's water. Request was made for the language to be simplified. Councilor Chapman left the meeting at 7:00 p.m. Council discussed additional changes to the draft charter, including: . Remove "mayor" from the definition of council in Section 7 and distinguish between the mayor and council. . Insert an absence clause for the mayor position. ," I CITY COUNCIL STUDY SESSION JULY 13, 2006 PAGE 3 of3 . Amend the language in Section 16(t) to say "...within five business days of passage of the ordinance" . . Amend the language in Section 19(b) to say "...amendment to a resolution must be read aloud at meeting... " . Insert language in Section 31 (b) to clarify the statement "disorderly conduct or inattention to duties". Mr. Franell requested council submit all questions, concerns and suggestions to him and stated he would make adjustments to the document and present an updated draft to the Council. . Ms. Bennett noted the deadlines for having this placed on the November ballot. Some concern was expressed by Council regarding having the charter language finalized in time for the November election. Comment was made that the new charter must be understandable to citizens and Council should be satisfied with the language before placing it on the ballot. Mayor Morrison stated if the charter cannot be ready in time for the November election that is OK, but he does not want to postpone this project indefinitely and would like to keep moving forward. ADJOURNMENT Meeting adjourned at 7:45 p.m. Respectfully submitted, April Lucas, Assistant to City Recorder Bicycle & Pedestrian Commission June 15th, 2006 Regular Minutes Roll Call Council Liaison: Staff: Tracy Harding Tom Marvin (absent) Chair Dylan Robbins Selene Aitken David Chapman Derek Severson, Associate Planner Rachel Teige, Recreation Superintendent Paige West, RVTD/TDM Planner Arnold Bleicher David Young Vice Chair Julia Sommer Paul Rostykus Steve McLennan, Police Officer RVTD liaison: Traffic Safety Commissioners: High school liaison: Colin Swales Vacant Matt Warshawsky SOU liaison: Nathan Meyerson (absent) Call to Order Chair Robbins called the meeting to order at 5:20 p.rn. Approval of Minutes - Mav 18th, 2006 Rostykus/Sommer mls to approve the minutes of May 18th, 2006 as presented. Voice vote: All AYES. Motion passed. Public Forum None. Bike Swap Update (Recreation Superintendent Rachel TeiQel Recreation Superintendent Rachel Teige presented a final update on the 2006 Bike Swap. She explained that improvements were being considered to address issues observed this year, including monitors and color-coded price tags to ensure prices were marked clearly and understandably for customers and cashiers. She noted that the total funds now available for Bike Safety Education were $7,076.48. There was discussion of the substantial increase in attendance, which was up to over 650 people through the gate, and it was noted that this may be due in part to higher gas prices. Teige commended the volunteers on their commitment and professionalism. Teige discussed the fact that one bike sold was defective, and was apparently put together from parts just to be sold. Shortly after the purchase, the buyer had problems which they were unable to resolve with the seller. Teige coordinated with volunteer Egon Dubois from the Bicycle Transportation Alliance (BTA) and was able to resolve the issue; Dubois did the repairs himself after a bike shop quoted the buyer a cost of over $200. Teige suggested that some reassurance of functionality was needed from the sellers, or alternatively a disclaimer could be prepared. Members agreed that agreement from sellers on the functionality of the bikes or some sort of lemon law or disclaimer were appropriate, but generally indicated that the swap should not take responsibility for the condition or functionality of the bikes being sold. Teige indicated that she would check to see how this issue was addressed through the Ski Swap. Young/Chapman mls to recommend that the Ashland Parks Foundation pay Egon Dubois from Bike Swap funds for his time and materials for the repairs completed on the defective bicycle sold at the 2006 Bike Swap. V oice vote: All AYES. Motion passed. It was suggested that efforts be made next year to educate buyers, and to clearly communicate that the City of Ashland, Parks Department, Bicycle & Pedestrian Commission, and the Bike Swap would take no responsibility for the functionality of the bicycle being sold. 2006-0615 Bike & Ped minutes Page 1 of4 BudQet Update Severson noted that as voted last month, the remaining funds had been used to purchase helmets for distribution in local schools, which was being coordinated by Chapman and Traffic Safety Commissioner Keith Massey. Chapman noted that the helmet distribution had been well received, and reiterated that any helmets not distributed would be forwarded to the Parks Department office for distribution with the helmets that were purchased using Bike Swap funds. Severson noted that he had been in communication with the Bicycle Transportation Alliance (BTA) about Commission support of their bicycle safety education programs. He stated that he expected to receive an invoice shortly, and added that he had communicated to the BT A that the Commission had requested that a more concrete request be submitted for the coming year, and that it be submitted nearer to the July 1 start of the fiscal year. Severson noted for Teige that he had informed the BT A of the Commission's recommendation that the Parks Department also provide $1600 in support for the bicycle safety education programs using Bike Swap funds, and indicated that she should expect an invoice shortly. Sk8Guard Rack Installation Update Severson noted that he was working with the Public Works Division and Street Department on installation, and had had an initial meeting with the Historic Commission's Review Board because the placement in the downtown is within a National Register Historic District. He indicated that he now needed to get the full Historic Commission's sign-off on the installation and placement as well as approval from the City Administrator prior to scheduling the crew to install the racks. He indicated that he expected this to just after the Historic Commission's next meeting to be held July 5th. Subcommittee & Liaison Reports Severson noted that the Public Works Department had approached him requesting a letter of support from the Commission for a grant application which would fund 90% of the roughly $275,000 cost of installing sidewalks along a section of Laurel Street in the vicinity of Helman School. He added that he had draft plans showing the proposed installation, and that he had drafted a letter based on one that was prepared by Public Works for the Traffic Safety Commission to sign. Rostykus/Robbins m1s to authorize the chair to sign the letter supporting the Public Works Department's Laurel Street Sidewalk grant application. Voice vote: All AYES. Motion passed. Who Rides Where/Bike Safety (Guest: Traffic Safety Commissioner Matt Warshawsky) Severson introduced the newest Traffic Safety Commission Matt Warshawsky, and explained that Warshawsky had submitted a letter of concern which was included in last month's packet. Warshawsky was struck by a car while stopped on his bike in the downtown, and during that incident was informed of an Ashland ordinance which requires that cyclists ride within five feet of the curb. Warshawsky expressed his concern that this was out of compliance with state law, which allows cyclists more flexibility to ensure their safety. APD Officer MacLennan indicated that the current Ashland ordinance is typically not enforced, and that officers default to the Oregon Revised Statutes (ORS). There was discussion of how the exceptions in the ORS allowing cyclists to "take the lane" provide more flexibility to respond to situation-specific conditions and increase rider safety. Rostykus/Chapman m1s to direct staff to draft a letter requesting that the City Council consider an ordinance change to amend AMC 11.52.030.E to bring the ordinance into line with the current O.R.S. 814.430 relative to cyclists "taking the lane" when appropriate for their safety. Voice vote: All A YES. Motion passed. Election of Officer. Secretary Severson explained the duties of the Secretary, noting that these would consist primarily of running the meetings if both the Chair and Vice Chair were absent, and of taking notes of the proceedings in the event that the Planning staff liaison was absent. After a lengthy silence in which no one indicated a willingness to serve in this role, Chair Robbins offered to provide candy and flowers to the secretary each year on Secretary's Day. Aitken reluctantly volunteered, noting her personal candy preference for Dagoba Chocolates. All of those present expressed their unanimous consent that Aitken be made Secretary. 2006-0615 Bike & Ped minutes Page 2 of 4 North Main Multi.Use Path Severson noted that while Marvin was absent he had submitted a letter from a co-worker by fax which was distributed to those present. This letter supported the idea of a bike path along North Main, and requested an interim step consisting of a fog linelbike shoulder stripe on Highway 99 from Butler Ford to about Schofield. The letter indicated that this should be done regardless of jurisdiction as an interim step. Severson explained that jurisdiction is a significant issue with this request, as the majority of the area involved is within the county, and is entirely under state jurisdiction, meaning that the request would have to be coordinated both through the Oregon Department of Transportation (ODOT) and Jackson County, as well as the City Public Works Division for the portion within Ashland. Discussion of Stripin~ of Bikelanes & Paths Young expressed his concern with the state of the striping along Mountain A venue near Havurah Shir Hadash, noting that the lane line is not clearly visible and emphasizing that this was more of a concern given the proximity to retirement communities further out on Mountain where there are more drivers with eyesight and reflexes that have declined with age. Chapman noted that there is a similar problem with the striping on Tolman near East Main. Severson indicated that he would follow-up with Jim Olson to see about the striping maintenance schedule and the possibility of new striping and/or bubble reflectors in these locations. Car Free Dav (9/22/06) Subcommittee members explained that they were hoping for regular weekly meetings now that the event is getting closer. They indicated that they have been working primarily via e-mail in recent weeks, but would begin meeting regularly and would soon need support from the commission at large. They asked that Robbins consider approaching bike swaps in the near future, and Sommer noted that she had prepared a letter for local employers to encourage employee participation in the event. She asked that anyone interested take letters to distribute. West confirmed for Sommer that RVTD was working with JPR on underwriting event announcements. Int'I Bike/WalklScooter to School Dav (Week of 10/2 . 10/6) Rostykus noted that he had brought this up for the agenda, and asked that it be promoted at Car Free Day. West suggested that it could be coordinated with the Walking Wednesday program as well. She explained that there was a $1500 SafeKids grant that was being split between Walker and Helman Schools, and that both schools had committed champions who were promoting walking and biking to school. She indicated that the program had been very successfullast year, and that it was the first full year program conducted in Ashland. She stated that there were more than 90 kids walking in one school at the Walking Wednesday event at the end of the year. She noted that volunteers were needed to support the annual event by leading groups of walking children on October 4th, and that this would begin at about 7:30 a.ill. West also discussed the efforts she and Harding had made along with former Bicycle & Pedestrian Commission Chair Lexi Delgado to look at walkability in the vicinity of the Siskiyou School at 631 Clay Street. She noted that they had conducted a walkability survey and prepared route maps, and indicated that signage and easements were needed. Severson explained that typically, planning actions from a private applicant are responsible for installing their own signage, but he added that it would be something the Traffic Safety Commission might consider looking at. He stated that he would make Jim Olson aware of the issues; Traffic Safety Commissioner Colin Swales indicated that the Commission had recently looked at signage needs in this area at length, but added that they had been unaware of the school's plans during that review. Si~na~e Rostykus noted that he had ridden the Central Ashland Bikepath (CAB), and added that the signage previously installed through the efforts of this commission were very well done. He added that elsewhere there are signage needs that need to be addressed, such as at Ashland Street near the cemetery. Chapman asked that Severson find and provide copies of the previous signage map. Severson noted that the previous effort cost about $1500, which the commission had been prepared to pay for. The cost was picked up by Public Works through the Street Department in the end as it tied in to other work being done 2006-06/5 Bike & Ped minutes Page 3 of 4 at the same time, but he added that he would expect that placing additional signage would have to be at commission- expense. Bleicher added that he would like to see mileage markers along the CAB so that if there were an emergency, a first responder could be easily directed to the appropriate location to provide assistance. Warshawsky added that he felt that maps placed in strategic locations, such as at Eagle Mill Road, at the Dog Park, and elsewhere, would be of great assistance as well. Members indicated that this map would need to be more clear than the current trails map, and should indicate hazardous areas, traffic volumes, etc. Severson noted that there would be cost and process involved with preparing a new map. He added that he believed the GIS Department was in the process of development a signage layer for the GIS system. Dubois suggested that while he is all for maps, he felt that signage on the roads should be the higher priority. Bike Racks Severson noted that he had looked into the inquiry from last month about bike racks at the Grange. He explained that there was no bicycle parking required on their plans, and that at this point after the project is completed the city could not approach them years after the fact to require bike parking be installed. He stated that Commission members could approach the Grange privately and make them aware that the Commission and customers would like to see racks installed, and suggest that if they are interested they could contact Planning Staff about rack standards and possible placement. He added that the lot has little room for rack placement, and that any racks installed would have to work with the current parking and circulation as well as the approved landscape plans as well as being close enough to the entrances to be used. Young noted that he is a frequent customer who rides his bike to the Grange, and he indicated that he would be willing to approach them to this end. Powers & Duties of the Commission. MeetinQ Times. Individual Goals, Expectations & Time Commitment West raised the issue of broadening the Commission's focus to encompass transit and skateboards as well. Members discussed the possibility of further involvement in the planning process through review of current planning applications, and considered the necessary modifications to the meeting schedules and agenda that would tie into conducting land use public hearings. The group decided to request staff bring any actions involving larger scale bicycle & pedestrian issues to the commission's attention rather than reviewing individual actions. The commission also discussed the possibility of preparing a hand-out for distribution to applicants at the pre-application conference phase, and asked that staff bring back the related regulations for commission review next month. Robbins indicated that he would be willing to work on preparing such a hand-out. New Business West provided an update on the current status of proposed R VTD service cuts and fare increases, noting that Route 4 in Medford near RVMC would be cut, and that there would be a $2 fare district-wide. Chapman indicated that the council was working to have Route 10 remain free and cut Route 5 to provide free half-hour service. West discussed the RVTD budget process, noting that a vote on the budget was expected on the 28th, and adding that some drivers were being laid-off. She indicated that service might be restored or increased in the future, if a revenue source such as a payroll tax were determined. Bleicher indicated that he would be absent from the July meeting, and Severson stated that he would be absent as well if his requested time off were approved. Adiournment The meeting was adjourned at 7:07 p.m. UpcominQ MeetinQs: 5:15 P.M. Thursday, July 20th - Regular Meeting in the Siskiyou Room 2006-06/5 Bike & Ped minutes Page 4 of 4 CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JULY 11, 2006 CALL TO ORDER Chair John Fields called the meeting to order at 7:00 p.rn. at the Ashland Civic Center, 1175 East Main Street, Ashland, OR. Commissioners Present: John Fields, Chair Michael Dawkins Olena Black John Stromberg Pam Marsh Dave Dotterrer Mike Morris Tom Dimitre Absent Members: None Council Liaison: Kate Jackson (Council Liaison, does not attend Planning Commission meetings in order to avoid conflict of interest.) Staff Present: Bill Molnar, Interim Planning Director Maria Harris, Senior Planner Sue Yates, Executive Secretary APPROVAL OF MINUTES & FINDINGS Dotterrer/Stromberg m/s to approve the Planning Commission Regular Meeting minutes for June 13, 2006. Voice Vote: Approved. Marsh/Morris m/s to approve the continued Planning Commission Regular Meeting for June 27, 2006. Voice Vote: Approved. PUBLIC FORUM ART BULLOCK, 791 Glendower, continued with Dolan v. Tigard case presentation (4th in a series) pointing out how much trouble cities will go to rather than respond to the public interest and the rights of property owners. TYPE II PUBLIC HEARING PLANNING ACTION 2006-00078 (CONTINUED FROM JUNE 27, 2006) REQUEST FOR AN OUTLINE PLAN APPROVAL UNDER THE PERFORMANCE STANDARDS OPTIONS CHAPTER 18.88 TO SUBDIVIDE THE PROPERTY INTO 20 LOTS INCLUDING 17 LOTS FOR NEW SINGLE.FAMIL Y HOMES, TWO LOTS FOR OPEN SPACE PURPOSES, AND ONE LOT TO CONTAIN THE EXISTING STRUCTURES ON THE SITE, FOR THE PROPERTY LOCATED AT 247 OTIS STREET. AN EXCEPTION TO STREET STANDARDS IS REQUESTED TO ALLOW A MEANDERING SIDEWALK ALONG THE OTIS STREET FRONTAGE TO PRESERVE EXISTING MATURE TREES. APPLICANT: SAGE DEVELOPMENT, LLC Molnar said that Mr. Bullock asked right before the meeting convened tonight if Staff had received an e-mail he sent approximately eight days ago. None of the Staff present at tonight's meeting received his report. Bullock had said it was quite lengthy. Molnar said Staff does not have any reason to doubt Bullock sent the submittal. One option for the Commission would be to allow Bullock's report to be entered into the record so it is part of the record, but the Commission would not have an opportunity to discuss it. The applicant had checked with Staff on more than one occasion to see if any new information had come to the Planning office. Fields said he thought the burden was on Bullock to verify the report had reached the Planning office. Dotterrer agreed. The notice mailed to property owners stated the public hearing is closed and no testimony or written comment would be taken. It was decided Bullock's report would be entered into the record. Fields did not open the public hearing and it will not be considered at tonight's meeting. Molnar said if someone appeals this application to the Council, the Council appeal is heard de novo. Dotterrer/Marsh m/s that the issue of Bullock's report not be brought before the Commission tonight and that the Commission continue with deliberations on this action and that no more public testimony will be taken. Roll Call: The motion carried with Marsh, Dotterrer, Black, Fields and Morris voting "yes" and Stromberg, Dawkins, Dimitre voting "no." ST AFF REPORT Staff did not have any follow-up. There is a letter from Cyndi Dion in the packet. There was no response from the applicant to the information that was submitted. Point of Order - Bullock said the Commissioners had not disclosed their ex parte contacts and the content of the site visits. At the last meeting it came out during discussion that there was a sulfur smell in the area of the wellhead. Bullock asked for the opportunity to respond and rebut the site visit information. In the report that was not received, he asked that Fields recuse himself for failure to disclose a bias. Site Visits and Ex Parte Contacts - Fields asked for any new ex parte contacts or site visits. Dotterrer, Dawkins and Stromberg had not revisited the site since their first visits. Black had a site visit before the first hearing. She drove by the street and noticed they have cut the hay. Fields walked the site before the last meeting, but nothing new since then. He was impressed by the actual spring and how it bubbled up and how clear it was, recognizing it as a resource. Marsh walked the site before the first hearing. Dimitre had a second site visit. Morris had two site visits. He reported his ex parte contact at the last meeting. The Commission needs to decide amongst themselves if Fields should step down. Marsh could not see any reason whatsoever that Fields should recuse himself. Marsh said Bullock's reason for asking Fields to step down is because Fields was unable to describe all the thoughts that he had in his head when he went to observe the site. Marsh said that would be beyond what most of the Commissioners do. Bullock came forward to clarify. He directed his comments to the bias. At the last meeting, Fields said he'd had a site visit. Bullock understood the site visit to be a drive-by. There are No Trespassing signs posted on the property. That was not disclosed. The public was not aware there were sulfur smells at the wellhead until Fields cut off the discussion when Black tried to bring up the sulfur smells. By cutting off the conversation, Fields disallowed any discussion of this damage to the public interest which Bullock believes is evidence of a bias based on an undisclosed ex parte contact. Fields responded that he trespassed and did not talk to the property owner. He didn't believe the sulfur smell was relevant. He made a judgment call because he was physically within ten feet of the water and found no sulfur smell. Black felt that she was shut down in the conversation at the last meeting because she believed the sulfur content of the water was an issue and part of the definition of a public resource. Black/Stromberg m/s that Fields be asked to step down from this hearing. Roll Call: Black cast the only "yes" vote and Stromberg, Dotterrer, Dawkins, Dimitre, Marsh and Morris voted "no." Fields abstained. The motion failed and Fields continued as Chair. COMMISSIONERS' DISCUSSION AND MOTION Harris said the last set of Conditions was in the Staff Report dated June 27,2006. On Page 10 is Condition 33 that addresses the wellhead and associated spring. The only thing that has been changed is some "shall" language. The Condition has seven components as noted on Page 2 of the Staff Report (June 27, 2006). Harris said it has not been established if they need a water right. If they do, it is covered in Condition 34. The Legal Department has provided Staff this information. Black does not believe they have given the Commission adequate information regarding the natural resources to know if the proposed layout is adequate. Black/Dimitre m/s to deny PA2006.00078 for lack of adequate information regarding the natural resources on this application and that they do not meet the Performance Standards Options. Dimitre said his concern is that we still don't know where the well exists or how big the easement would be. He would be more comfortable ifthere was a map that showed the size of the area. He also believes the wetlands are a significant resource and should be protected and preserved, particularly on Lot 18. The standards indicate that the Commission has some ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JULY 11, 2006 2 subjective discretion. Are the wetlands considered significant features? Should they be considered unbuildable? The Planning Commission has discretion concerning whether we decide to have the wetlands filled. Molnar said Dimitre is correct. The hardest line would be no mitigation. In the past, there has usually been a balance. Dawkins said it is subjective because the wetlands can move around. He would rather have the State as the final arbiter. Dotterrer said this is Outline Plan and he believes there have been enough Conditions placed on the application that they will be addressed at Final Plan. Molnar reminded the Commission that though they can be stricter with the wetlands, they are also planners and sometimes it might make better sense from a design standpoint to allow for mitigation. They are trying to find a balance. Harris said they have submitted their application for wetland delineation to the State and the applicants have adjusted their Outline Plan. Roll Call: Black and Dimitre voted "yes" and Marsh, Dawkins, Stromberg, Fields, Dotterrer and Morris voted "no." The motion to deny the application failed. Marsh/Dotterrer m/s approval of Outline Plan under the Performance Standards Options for PA2006.00078. This would include an Exception to the Street Standards as specified in the Staff Report. Add to Condition 33 a statement that if Lot 18 is ever developed that first right of access to the water from the well/spring be offered to the full homeowners' association. Marsh said she believes in working through these hearings, we have managed to craft a project that addresses the requirements of the Performance Standards Options. We have done as well as we can in terms of preserving the natural features of the site. The spring/well is the most prominent feature of the site and the developer has come back with an option that at least gives us the capability of preserving that water for use of the homeowners' association. It has been asked if the homeowners can absorb the weight of responsibility of care for all the natural features. The developer is going to have to market this to people who like wetlands and wells and enjoy taking care of them because this is a subdivision with some very unique qualities. We need to look at this proj ect in the context of the neighborhood. The preservation of the fair! y large wetland on the west side of the project is a significant statement. Dotterrer agreed. Harris said the language in Condition 33 could read "If Lot 18 is ever partitioned or divided in the future..." Marsh said the point is to acknowledge the current owner has an emotional and physical tie to the water source. Should they relinquish that through the subdivision of Lot 18, then the homeowners in total should have access to the natural resource. Dawkins doesn't see any protection of the pool. He is also disappointed the applicants didn't bring any affordable housing to the project. Stromberg asked if consistent terminology can be used throughout the documents when referring to the wellhead and associated spring to describe the natural feature. He also believes it should be stated someplace that the applicants have agreed that the wellhead and associated spring shall be considered a significant natural feature under the language of this ordinance to be preserved or included in some open space. We need to be explicit about this. Molnar said Staff could make a specific finding. Black is opposed to the Outline Plan as presented. We don't have the authority to give a water right to the homeowners' association. She read the letter from Harold Center that had previously been included in the record. Dimitre is concerned about approving the easement because we don't know where it is or how big it is. Morris likes the Earth Advantage aspect of the project. Roll Call: The motion to approve carried with Dotterrer, Dawkins, Fields, Morris, Marsh and Stromberg voting "yes" and Dimitre and Black voting "no." PA2006.000612 HAS BEEN POSTPONED. ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JULY 11, 2006 3 Fields left the meeting due to a conflict of interest on the next action. Vice Chair Michael Dawkins stepped in to chair the meeting. PLANNING ACTION 2006-0190 REQUEST FOR AN OUTLINE PLAN, FINAL PLAN AND SITE REVIEW APPROVAL FOR A FOUR.LOT, EIGHT.UNIT, MULTI.FAMIL Y RESIDENTIAL DEVELOPMENT FOR THE PROPERTY LOCATED AT 41 GARFIELD STREET. TWO NEW UNITS ARE PROPOSED IN A SEPARATE COMMON-WALL STRUCTURE ON TWO PARCELS, AND THE EXISTING SIX-UNIT BUILDING WILL BE LOCATED ON A SEPARATE PARCEL. APPLICANT: JOHN FIELDS & HABITAT FOR HUMANITY Site Visits and Ex Parte Contacts Morris had a site visit and he has framed a couple of Habitat Houses. Marsh and Dawkins had a sit~ visit. Black had a drive- by site visit, parked in front and looked over the gravel patch in front. Stromberg had a site visit. He drove into the parking lot, turned around and looked at it from the back side and wondered if there would be enough parking. Dotterrer had a site visit from the street. Dimitre did not have a site visit. STAFF REPORT Harris reviewed the Staff Report. Staff is recommending approval with the 22 suggested Conditions. Dotterrer asked about the Tree Commission's recommendation #1 for street pavers connecting the sidewalk to the street. Harris said that oftentimes what happens with on-street parking is that passengers unload from the car, and they tend to step on whatever plant material is there. They are recommending that in those places, that the applicants install some kind of pervious pavmg. Stromberg wondered under Condition 13 why parking in the driveway is prohibited. Harris said it is a way to ensure the driveway doesn't get parked in and so everyone that lives there is made aware of it. There has been a parking space there but the area will be made into just a driveway and by writing it in the CC&R's, helps it to be self-enforcing. PUBLIC HEARING NICK HALE, 2945 Highway 238, Jacksonville, OR, said he is the project manager for Habitat for Humanity. The single story three-bedroom home will be wheelchair accessible. All the downstairs doors will be three feet wide. TOM BRADLEY, Vice President of Ashland Community Land Trust (ACLT) said the money that Habitat is paying ACLT ($45,000 per lot) is to reimburse ACLT for monies spent to purchase the land from the homeowner. They will own the land in perpetuity. Marsh asked ifthey contemplate a monthly homeowners' association fee. Bradley said typically they would ask to pay a $70 per year administrative fee. Harris said Condition 11 should be removed because they meet the affordability requirement with six units that are affordable. Condition 11 technically isn't in line with the approval criteria. COMMISSIONERS' DISCUSS AND MOTION Dotterrer/Dimitre m/s to approve PA2006-01090 except Condition 11 that can be deleted. Marsh believes this project speaks to affordability and every unit counts. She appreciates the fact there are 3 to 4 bedroom units. Roll Call: The motion carried unanimously. (Fields had left the meeting and did not participate in the hearing or voting.) ADJOURNMENT - The meeting was adjourned at 9:00 p.rn. Re5pectfully submitted by. Susan Yates, Executive SecretGl}' ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JULY 11, 2006 4 r" I ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JULY 11, 2006 5 CITY OF ASHLAND ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JULY 11, 2006 CALL TO ORDER - Vice Chair Michael Dawkins called the meeting to order at 1 :30 p.rn. at the Ashland Civic Center, 1175 E. Main Street, Ashland, OR. Commissioners Present: Dave Dotterrer John Stromberg Michael Dawkins Council Liaison: Kate Jackson, (Council Liaison does not attend Planning Commission meetings in order to avoid conflict of interest.) Absent Members: None Staff Present: Maria Harris, Senior Planner Derek Severson, Associate Planner Amy Anderson, Assistant Planner Angela Barry, Assistant Planner Sue Yates, Executive Secretary APPROVAL OF MINUTES & FINIDINGS Stromberg/Dotterrer/ rn/s to approve the minutes of the June 13,2006 Hearings Board. Voice Vote: The minutes were approved. Dotterrer/Stromberg rn/s to approve the Findings for P A2006-00878, 1505 Siskiyou Boulevard, Steve Meister. Voice Vote: The findings were approved. TYPE I PLANNING ACTIONS PLANNING ACTION 2006-00877 REQUEST FOR SITE REVIEW APPROVAL TO CONSTRUCT A TWO-STORY MIXED-USE BUILDING CONSISTING OF 2,245 SQUARE FEET OF OFFICE SPACE ON THE FIRST FLOOR AND A SINGLE RESIDENTIAL CONDOMINIUM ON THE SECOND FLOOR, ON THE NORTH SIDE OF A STREET BETWEEN FIFTH AND SIXTH STREETS. THE PROPERTY IS LOCATED IN THE DETAIL SITE REVIEW ZONE. APPLICANT: JERRY KENEFICK Dotterrer declared a potential conflict of interest as Mr. Kenefick is a good friend of his. Kenefick disclosed to Dotterrer earlier in the process that he was going to do a planning action. They did not discuss the specifics of the project, and Dotterrer did not feel his contact with Kenefick would bias his decision. Stromberg and Dawkins felt Dotterrer could be objective and could participate in this action. This action stands approved. PLANNING ACTION 2006-01085 REQUEST FOR SITE REVIEW APPROVAL TO CONSTRUCT A 10,667 SQUARE FOOT LIGHT INDUSTRIAL WAREHOUSE AND OFFICE FACILITY FOR THE PROPERTY LOCATED AT 585 CLOVER LANE. APPLICANT: JON BAUER This action stands approved. PLANNING ACTION 2006-00615 IS A REQUEST FOR SITE REVIEW AND CONDITIONAL USE PERMIT APPROVAL TO CONSTRUCT AN APPROXIMATELY 736 SQUARE FOOT ACCESSORY RESIDENTIAL UNIT BEHIND THE EXISTING SINGLE FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT 1937 CRESTVIEW DRIVE. APPLICANT: DARRELL A. BOLDT FOR BERNARD AND HELGA BINDER Stromberg thought we were not asking applicants to sign in favor of future street improvements. Harris said she would investigate further. This action stands approved. PLANNING ACTION 2006-01088 IS A REQUEST FOR SITE REVIEW APPROVAL FOR A REMODEL AND A 672 SQUARE FOOT ADDITION TO AN EXISTING BUILDING LOCATED UPON AN APPROXIMATELY .5-ACRE PARCEL AT 1500 SISKIYOU BLVD. THE BUILDING WILL BE USED AS A BANK (FORMERLY DAIRY QUEEN). THE PROPOSAL INCLUDES A REQUEST FOR A TREE REMOVAL PERMIT FOR THE REMOVAL OF FOUR TREES. APPLICANT: PEOPLE'S BANK OF COMMERCE This action stands approved. PLANNING ACTION 2006-00873 A REQUEST FOR A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING NON-CONFORMING USE; A VARIANCE TO EXCEED THE ALLOWED MAXIMUM PERMITTED FLOOR AREA (MPFA), AND A VARIANCE TO THE ALLOWED DENSITY FOR THE PROPERTY LOCATED AT 158 NUTLEY STREET. THE ALLOWED MPFA IS 2,790 SQUARE FEET; THE EXISTING STRUCTURE IS 5,928 SQUARE FEET. THE ALLOWED DENSITY OF THE SUBJECT PROPERTY IS ONE SINGLE FAMILY RESIDENCE, AND THE EXISTING STRUCTURE IS A TRIPLEX INCLUDING THREE RESIDENTIAL UNITS. THE PROPOSAL INCLUDES CREATING ONE ADDITIONAL UNIT FOR A TOTAL OF FOUR RESIDENCES ON THE SUBJECT PROPERTY. APPLICANT: DAVID FISSE & LAUREN HEGG FOR ROBERT BRENT This action stands denied. ADJOURNMENT - The meeting was adjourned at 1 :45 p.rn. Respectfully submitted by, Susan Yates, Executive Secretary ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JULY 11, 2006 2 CITY OF ASHLAND Council Communication Liquor License Application ft-/ Meeting Date: Department: Approval: August 15, 20~6 City Recorder Martha Bennett Primary Staff Contact: Barbara Christensen 488-5307 christeb@ashland.or.us Estimated time: Consent Agenda Statement: Liquor License Application from John Viknius dba Manna at 85 Winburn Way. Background: Application for liquor license is for a new application. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). In May 1999, the council decided it would make the above recommendation on all liquor license applications. Council Options: Approve or disapprove Liquor License application. Staff Recommendation: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with processing of this application. Potential Motions: Motion to approve Liquor License application. Attachments: None r., CITY Of ASHLAND Council Communication Liquor License Application rf/ Primary Staff Contact: Barbara Christensen 488-5307 christeb@ashland.or.us Estimated time: Consent Agenda Meeting Date: Department: Approval: August 15, 2006 ~ City Recorder Martha Benne~ Statement: Liquor License Application from Francisco Gonzalez dba Pancho's Restaurant at 119 A Street. Background: Application for liquor license is for a new application. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine ifthe applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). In May 1999, the council decided it would make the above recommendation on all liquor license applications. Council Options: Approve or disapprove Liquor License application. Staff Recommendation: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with processing of this application. Potential Motions: Motion to approve Liquor License application. Attachments: None r4.' CITY OF ASHLAND Council Communication Liquor License Application ff/ Meeting Date: Department: Approval: August 15, 2~06 City Recorder Martha Benn Primary Staff Contact: Barbara Christensen 488-5307 christeb@ashland.or.us Time Estimate: Consent Agenda Statement: Annual approval of renewal on liquor licenses as requested by Oregon Liquor Control Commission. Background: There are approximately 100 applications that will need to be renewed between August and September 2006. Each application will have been reviewed to prove that they meet the city ordinance requirements for business licenses, registered as a restaurant, and filed for city's food and beverage tax, if applicable. The following business will be renewing their liquor licenses: Vinyl Club Council Options: Approve or disapprove annual Liquor License renewal applications. Staff Recommendation: Endorse the renewal application with the following recommendation: "The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the GLee now proceed in the matter. " Potential Motions: Motion to approve or disapprove annual Liquor License renewal application with recommendation. Attachments: None r~' CITY OF ASHLAND Council Communication Approval of Personal Services Contract in excess of $25,000 for Bob Murray & Associates to Conduct an Executive Search for Police Chief . Secondary Staff Contact: Tina Gray, 552-2101 C(}"'I grayt@ashland.or.us Martha Bennett, 552-2103 bennettm@ashland.or.us Meeting Date: Department: Contributing Depts.: Approval: August 15, 2006 Administrative service~ Administratio~ 1 Martha Bennett!'! Primary Staff Contact: Statement: In June 2006, the City solicited proposals from firms interested in conducting a professional search for Police Chief. Upon reviewing the seven submittals, Bob Murray & Associates proved to be the best match for our needs. Current public contracting guidelines require City Council approval when they exceed $25,000. Based on the initial cost proposal and expense projections provided by Bob Murray & Associates, the Police Chief recruitment could exceed $25,000. Staff is requesting direction from the City Council before entering into a Personal Services Agreement with Bob Murray & Associates. Staff Recommendation: Staff is recommending approval from the City Council to enter into a Personal Services Agreement with Bob Murray & Associates for a consulting fee of $18,500 and expenses not to exceed $8,500 for a total expenditure of up to $27,000. Background: The City solicited proposals from qualified firms or individuals with experience in development, design and implementation of a customized recruitment process for the recruitment of a Police Chief. Seven proposals were received from professional recruitment firms or organizations. Staff developed a Criteria Matrix and distributed it to the Mayor and Council to assist in ranking the qualifications of the respondents. Bob Murray & Associates ranked top among the respondents based upon the number of successful recruitments for Police Chief in cities with similar demographics to Ashland and relevant expertise of the search team. Staff contacted several client references to ensure that they were pleased with the search process, outcome, and the caliber of candidates produced by Murray & Associates. References were all favorable. rj.' Current public contracting guidelines require Council authorization on Personal Service Contracts in excess of $25,000. Bob Murray & Associates have provided a cost proposal which includes a consulting fee of $18,500 for the search plus an expense projection of $8,500. (Expenses include travel costs, postage, printing, advertising, preliminary background checks on the candidates and communication(s) related to the search). The consulting fee is a fixed cost, but the expenses are variable based a variety of factors, including but not limited to tailoring the recruitment to meet the City's needs, number of trips to Ashland, where the candidates are located, etc. Bob Murray and Associates have expressed their desire to work with the City to minimize expenses wherever possible. However, there is a potential that total costs may exceed $25,000 requiring approval ofthe Ashland City Council. Related City Policies None. Council Options: Option #1- The City Council could direct staff to enter into a Personal Services Agreement with Bob Murray & Associates for a consulting fee of $18,500 and expenses not to exceed $8,500 for a total expenditure of up to $27,000. Option #2 - The City Council could direct staff to delay implementation of a Personal Services contract with Bob Murray & Associates and recommend another course of action for the Police Chief Recruitment. Potential Motion: Move to adopt Option #1 authorizing staff to enter into a Personal Services Agreement with Bob Murray & Associates for a consulting fee of $18,500 and expenses not to exceed $8,500 for a total expenditure of up to $27,000. Attachments: . Proposal submitted by Bob Murray & Associates 2 (~I3DB MURRAY , L"J, ~ ~PE~S~N ~x~c~,lv-; ~::~ ....'-.../ A PROPOSAL TO CONDUcr AN EXECUTIVE RECRUITMENT FORA Police Chief ON BEHALF OF THE City of Ashland phone 916.784.9080 lox 916.784.1985 1677 Eureka Road Suile 202 Rosevllle CA 95661 r,-..,. "',"" to' ,,,. I~~' I'c> " , \ '- t . .' .~. .~ ~. it' t L f/'J)i' (I ,', ').! . ',' "f'll" f -1 L. /...\J,~ June 22, 2006 .Mayor John Morrison and Members of the City OJuncil City of Ashland 20 East .Main Street Ashland, OR 97520 Dear Mayor Morrison and Members of the City OJuncil: Thank you for inviting Bob Murray & Associates to submit a proposal to conduct the Police Chief recruitment for the City of Ashland. The following proposal details our qualifications and describes our process of identifying, recruiting and screening outstanding candidates on your behalf. It also includes a proposed budget, timeline, and sample recruitment brochure. At Bob Murray and Associates, we pride ourselves on providing quality search to local governments. Through many years of experience, we have created an ideal recruitment process by combining our ability to help you to determine the direction of the search and the types of candidates you seek with our experience recruiting candidates who are not necessarily looking for a job and are doing well in their current position. Working with professionalism, integrity and personal attention, our team-oriented search process, in addition to our proven expertise, ensures that the candidates we present for your consideration will match the criteria you have established and will be outstanding in their field. With respect to the Police Chief recruitment, Bob Murray and Associates offers the following expertise: ... Bob Murray and Associates has an exceptional record of conducting recruitments for local government executives. In his 25 plus years of experience, Mr. Murray has conducted over 600 searches on behalf of local governments in the western United States. His experience in the State of Oregon is diverse and will be an asset when presenting opportunities to prospective candidates. Recently we are conducted the OJunty Administrator recruitment on behalf of Deschutes OJunty, the Director of the Deschutes OJunty 911 Services District, and the OJunty .Manager recruitment on behalf of Washington OJunty. We have conducted recruitments in the past on behalf of the cities of Albany (City .Manager), Eugene (City Manager, Assistant City .Manager and Police Chief), Gresham (Human Resources), Hillsboro (Fire Chief and Information Services Director), Milwaukee (City Manager), Newburg (City Manager), Ontario (City Manager), Pendleton (City Manager), Salem (City .Manager and Urban Renewal Administrator), Springfield (City .Manager) and Tualatin (City Manager),. Other experience includes searches for Clackamas OJunty (OJunty Administrator, Director of OJrnmunications and Human Resources Director), .Marion OJunty (Chief Administrative Officer), METRO (Chief Operating Officer), North Clackamas County Park and Recreation District (Parks and Recreation Director), Tualatin Valley Fire & Rescue (Fire Chief), Washington County (Director of Communications, Director of Land Use and Transportation), and Washington County Consolidated Communication Agency (Director). Mr. Murray also conducted the Executive Director search on behalf of the City County Insurance Authority, associated with the League of Oregon Cities. Mr. Murray's contacts among Association of Oregon Cities staff, and his networks both in Oregon and nation-wide will be a tremendous asset when recruiting outstanding candidates on your behalf. '" We understand that the manner in which a Police Chief search is conducted is often of great importance. In the past, we have assisted our clients in designing a process that provides a forum for the participation of members of the City Council, Police Department (POA, mid-management and senior management), Department Heads, and interested citizens in developing the profile of the ideal candidate. We have also advised our clients and designed interview strategies (ranging from interviews with multiple panels to interviews with groups as large as 25). We also involve these same groups in the selection process while ensuring that the City Administrator is able to make the final selection. '" Currently, Bob Murray and Associates is conducting Police Chief searches for the California cities of San Rafael, EI Centro, Los Banos, Irwindale, Culver City, Turlock, and the Los Angeles World Airports (Director of Airpon Safety Services & Airpon Police Chief), and Pon of Long Beach (Manager of Homeland Security), in addition to Glendale, AZ (Assistant Chief). In the past two years we have conducted Chief of Police recruitments for the cities of Oceanside, Concord, La Mesa, Merced, Rio Vista, Sunnyvale (Public Safety Director), Aurora, CO, Glendale, AZ, Reno, NY, Vacaville, San Francisco, Novato, Carlsbad, Petaluma, Colton, Glendora, Eugene, OR, Mesa, AZ, Port of San Diego (Police Chief and Captains), University of California, Davis, University of California, Santa Barbara, San Diego State University, and San Jose State University. Our prior searches include those for the cities of Alameda, Belmont, Berkeley, Capitola, Chico, Fairfield, Fresno, Half Moon Bay, Irvine, Los Angeles, Los Banos, Menlo Park, Monrovia, Monterey, Mountain View, Orange, Palo Alto, Riverside, Rocklin, Sacramento, Salinas, San Bernardino, San Diego, San Fernando, San Jose, San Rafael, Seattle, Tracy and Whittier, among others. Our current and past experience conducting Police Chief recruitments gives us an extensive network of contacts and the ability to provide the City of AsWand with an outstanding candidate pool from which to select the next Police Chief. .. Mr. Bob Murray, President and Mr. Regan Williams, Vice President are uniquely qualified to assist AsWand. Mr. Williams has over 30 years of experience in law enforcement, having most recently served as the Director of Public Safety for the City of Sunnyvale. Mr. Williams has also conducted law enforcement related consulting assignments for Deloine and Touche. Mr. Murray began his career in local government in law enforcement. He served as a Deputy Sheriff for Alameda County, CA and Police Officer for Walnut Creek, CA. Their unique backgrounds, comprehensive understanding of the Chief's role and knowledge of excellent candidates will be invaluable when conducting this recruitment. A significant portion of our process focuses on conducting thorough and confidential background investigations of candidates to ensure that nothing about them is left undiscovered. We have candid discussions with references who have insight into the candidate's experience, style and ethics; conduct a search of newspaper articles; and later, run credit, criminal and civil records reports on the top 2-3 individuals under consideration. This ensures that the chosen candidate will not only be an excellent fit with the City of Ashland, but also that hel she will reflect positively upon your orgamzatIon. To learn first hand of the quality of our service and our recruitment successes, we invite you to contact the references listed on page 10 of the attached proposal. We look forward to your favorable consideration of our qualifications. Please do not hesitate to contact us at (916) 784-9080 should you have any questions. Sincerely, ~h ksociates TABLE OF CONTENTS THE RECRUITMENT PROCESS ..................................2 STEP 1 DEVELOPING 1BE CANDIDATE PROFILE .......................................2 STEP 2 ADVERTISING CAMPAIGN AND RECRUITMENT BROCJ-IURE ............2 STEP 3 RECRUITING CANDIDATES... ............................................ ..............2 STEP 4 SCREENING CANDIDATES ..............................................................3 STEP 5 PERSONAL INTERVIEWS ................................... ..............................3 STEP 6 DETAILED REFERENCE OlECKS ....................................................3 STEP 7 RECD1111ENDA TI ON.......................................................................3 STEP 8 FINAL INTERVIEWS ........................................................................4 STEP 9 BACKGROUND OlECKS.................. ..................... ................. ..........4 STEP 10 NEGOTIATIONS............................................................................4 STEP 11 CoMPLETE ADMINISTRATIVE AsSISTANCE ...................................4 BUDGE T mD TIMIN G .................................................5 PROFESSIONAL FEE AND EXPENSES..........................................................5 TIMING ... ............................................................. .... .................................5 PROFESSIONAL QUALIFICATIONS... ..........................6 RE FE RE N CE S .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. 1 0 THE RECRUITMENT PROCESS Bob Murray and Associates' unique and client oriented approach to executive search will ensure that the City of Ashland has quality candidates from which to select the new Police Chief. Outlined below are the key steps in our recruitment process. STEP 1 DEVELOPING THE CANDIDATE PROFILE Our understanding of the City of Ashland's needs will be key to a successful search. We will work with the City Administrator to learn as much as possible about the organization's expectations for a new Police Chief. We want to learn the values and culture of the organization, as well as understand the current issues, challenges and opportunities that face the City of Ashland. We also want to know the City Administrator's expectations regarding the knowledge, skills and abilities sought in the ideal candidate and will work with the City to identify expectations regarding education and experience. As part of developing the profile we would like an opportunity to evaluate/include community input. We would also recommend that we meet with various groups from the Police Department including management, mid management, and those representing rank and file employees. Additionally, we want to discuss expectations regarding compensation and other items necessary to complete the successful appointment of the ideal candidate. The profile we develop together at this stage will drive subsequent recruitment efforts. STEP 2 ADVERTISING CAMPAIGN AND RECRUITMENT BROCHURE After gaining an understanding of the City of Ashland's needs, we will design an effective advertising campaign appropriate for the Police Chief recruitment. We will focus on professional journals that are specifically suited to the Police Chief search. We will also develop a professional recruitment brochure on the City Administrator's behalf that will discuss the community, organization, position and compensation in detail. Once completed, we will mail the profile to an extensive audience, making them aware of the exciting opportunity with the City of Ashland. STEP 3 RECRUITING CANDIDATES After cross-referencing the profile of the ideal candidate with our database and contacts in the field, we will conduct an aggressive outreach effort, including making personal calls to prospective applicants, designed to identify and recruit outstanding candidates. We recognize that the best candidate is often not looking for a new job and this is the person we actively seek to convince to become a candidate. Aggressively marketing the Police Chief position to prospective candidates will be essential to the success of the search. City of Ashland Page 2 STEP 4 SCREENING CANDIDATES Followillg the closing date for the recruitment, we will screen the resumes we have received. We will use the criteria established in our initial meetings as a basis upon which to narrow the field of candidates. STEP 5 PERSONAL INTERVIEWS We will conduct personal interviews with the top 10 to 12 candidates with the goal of determining which candidates have the greatest potential to succeed in your organization. During the interviews we will explore each candidate's background and experience as it relates to the Police Chief position. In addition, we will discuss the candidate's motivation for applying for the position and make an assessment of his/her knowledge, skills and abilities. We will devote specific attention to establishing the likelihood of the candidate's acceptance of the position if an offer of employment is made. STEP 6 DETAILED REFERENCE CHECKS. Followillg the interviews, the most qualified candidates will be the subjects of detailed, confidential reference checks. In order to gain an accurate and honest appraisal of the candidates' strengths and weaknesses, we will talk candidly with people who have direct knowledge of their work and management style. We will ask candidates to forward the names of their supervisors, subordinates and peers for the past several years. Additionally, we make a point of speaking confidentially to individuals who we know have insight into a candidate's abilities, but who may not be on his/her preferred list of contaCts. We will also conduct a review of published articles for each candidate. Various sources will be consulted including Lexis-Nexis™, a newspaper search engine. At this stage in the recruitment we will also verify candidates' degrees. STEP 7 RECOMMENDATION Based on the information gathered through meetings with your organization, personal interviews with candidates and reference checks, we will recommend a limited number of candidates for your further consideration. We will prepare a detailed written report on each candidate that focuses on the results of our interviews, reference checks and newspaper reviews. We will make specific recommendations, but the final determination of those to be considered will be up to you. City of Ashland Page 3 STEP 8 FINAL INTERVIEWS Our years of experience will be invaluable as we help you develop an interview process that objectively assesses the qualifications of each candidate. We will adopt an approach that fits your needs, whether it is a traditional interview, multiple interview panel or assessment center process. We will provide you with suggested interview questions and rating forms and will be present at the interview/assessment center to facilitate the process. Our expertise lies in facilitating the discussion that can bring about a consensus regarding the final candidates. We will work closely with your staff to coordinate and schedule interviews and candidate travel. Our goal is to ensure that each candidate has a very positive experience, as the manner in which the entire process is conducted will have an effect on the candidates' perception of your organization. STEP 9 BACKGROUND CHECKS Based on final interviews we will conduct credit, criminal, civil litigation and motor vehicle record checks for the top one to three candidates. Any additional reference checks not completed because of a candidate's need for confidentiality will also be done at this time. We will also provide psychological evaluation of the top candidate and an onsite background of the top candidate. (These services are in addition to our basic fee.) STEP 10 NEGOTIATIONS We recognize the critical importance of successful negotiations and can serve as your representative during this process. We know what other organizations have done to put deals together with great candidates and will be available to advise you regarding current approaches to difficult issues such as housing and relocation. We will represent your interests and advise you regarding salary, benefits and employment agreements with the goal of putting together a deal that results in the appointment of your chosen candidate. Most often we can turn a very difficult aspect of the recruitment into one that is viewed positively by both you and the candidate. STEP 11 CoMPLETE ADMINISTRATIVE AsSISTANCE Throughout the recruitment we will provide the Gty Administrator with updates on the status of the search. We will also take care of all administrative details on your behalf. Candidates will receive personal letters advising them of their status at each critical point in the recruitment. In addition, we will respond to inquiries about the status of their candidacy within twenty-four hours. Every administrative detail will receive our attention. Often, candidates judge our clients based on how well these details are handled. City of Ashland Page 4 BUDGET AND TIMING PROFESSIONAL FEE AND EXPENSES The consulting fee for conducting the Police Chief recruitment on behalf of the City of ~I\shland is $18,500 plus expenses. Services provided for the fee consist of all steps outlined in this proposal including three (3) days of meetings on site. The City of Ashland will be responsible for reimbursing expenses Bob Murray and Associates incurs on your behalf. We estimate expenses for this project to be $8,500. Reimbursable expenses include such items as the cost of travel, clerical support, placement of ads, credit, criminal and civil checks, education verification, as well as newspaper searches. In addition, postage, printing, photocopying, and telephone charges will be allocated. We are willing to negotiate the fee based on services the City may select. We have, on several occasions in the past, partnered with cities to share responsibility for various steps in the process. Per your request we have provided a breakdown of hourly rates for our consultants. Bob Murray - $200 per hour Regan Williams - $150 per hour Jennifer Nitrio - $100 per hour Amanda Sanders - $100 per hour Crystal Bethke - $100 per hour Clerical Support - $32.50 per hour TIMING We are prepared to start work on this assignment immediately and anticipate that we will be prepared to make our recommendation regarding finalists within seventy five to ninety days from the start of the search. City of Ashland Page 5 PROFESSIONAL QUALIFICATIONS BOB MURRAY, PRESIDENT Mr. Murray brings over 20 years experience as a recruiter. Mr. Murray is recognized as one of the nation's leading recruiters. He has conducted hundreds of searches for cities, counties, and special districts. He has been called on to conduct searches for some of the largest most complex organizations in the country and some of the smallest. Mr. Murray has conducted searches for chief executives, department heads, professional and technical positions. Mr. Murray has taken the lead on the finn's most difficult assignments with great success. His clients have retained him again and again given the quality of his work and success in finding candidates for difficult to fill pOSItIons. Prior to creating Bob Murray & Associates, Mr. Murray directed the search practice for the largest search practice serving local government in the country. Mr. Murray has worked in local government and benefits from the knowledge of having led an organization. Prior to his career in executive search he served as the City Manager for the City of Olympia, Washington. He has also served as an Assistant City Manager and held positions in law enforcement. Mr. Murray received his Bachelor's degree in Criminology from the University of California at Berkeley with graduate studies in Public Administration at California State University at Hayward. REGAN WILLIAMS, VICE PRESIDENT Mr. Williams brings 30 years of local government experience to Bob Murray and Associates. Most recently, he worked as a private consultant with Deloine and Touche on various public sector assignments. Prior to that, he served as Director of Public Safety with the City of Sunnyvale, CA. Mr. Williams was involved in the development of some of Sunnyvale's most innovative programs and has a national reputation for excellence in law enforcement. He has been responsible for numerous recruitments throughout his career. Clients find his insight and expertise in recruitment and selection a valuable asset. Mr. Williams received his Bachelor's degree in Administration of Justice from San Jose State University. He is also a graduate of the FBI National Academy. City of Ashland Page 6 JIM ANTONEN, SENIOR MANAGER Mr. Antonen brings 29 years of local government experience to Bob Murray and Associates, twenty-six of those as a City Manager. Most recently he served as City Manager in the City of Davis, CA. Mr. Antonen has been involved in city management for the past twenty seven years both in Minnesota and South Dakota. He served on the League of Minnesota Cities Insurance Trust Board for nine years, three of which he was Olair. Mr. Antonen also served as President of the Minnesota City County Management Association. He brings a background of working for both the State and Federal government. Mr. Antonen has an MP.A. from the University of South Dakota and a Bachelor's of Science Degree in History and Political Science from Dakota State College. He also did graduate work at the American University in Washington, D.C. Mr. Antonen is an I CMA Credentialed Manager. JENNIFER NITRIO, MANAGER Ms. Nitrio's diverse background includes extensive expertise working with counties, municipalities, special districts, and other organizations in the western half of the United States conducting recruitments for development, engineering, human resources, library, finance, fire, parks and recreation, planning, public works, redevelopment, technology and transportation professionals to name a few. Ms. Nitrio is know for her personal approach to executive search as she works closely with clients and candidates alike to ensure a successful search. Clients and candidates express again and again that it is always a positive and refreshing experience to work with Ms. Nitrio. Ms. Nitrio is very active in the community and serves on the Board of Directors with two local non-profit organizations. Her contributions include forming partnerships with the business community, extensive grant writing, chairing large fundraising efforts, recruiting volunteers and writing articles and reports for the orgaruzatIons. Ms. Nitrio received her Bachelor's of Arts Degree in Ethnic Studies, summa cum laude, from California State University, Sacramento. She is a life member of the Phi Kappa Phi Honor Society and the Golden Key Honor Society. Gty of Ashland Page 7 GRETA LAWSON, SENIOR Q)NSULTANT Ms. Lawson actively contributes to Bob Murray and Associates' goal of providing exceptional customer service through close coordination with our clients. She conducts research, recruits candidates, and performs detailed background verifications, including reference checks, on candidates. She also serves as a liaison between candidates and clients in order to ensure an outstanding recruitment process that results in the selection of the clients' chosen candidate(s). Ms. Lawson is uniquely qualified to assist clients in all aspects of executive recruitment. With several years of industry experience, Ms. Lawson is noted for her customer service skills and follow through with clients and candidates alike. Ms. Lawson received her Bachelor's of Art Degree in English from California State University, Sacramento and is a life member of the Golden Key Honor Society. RENEE NARLOCH,SENIOR Q)NSULTANT Renee Narloch has extensive experience in public sector recruitments nationwide. She was formerly employed by MAXIMUS as a senior consultant with sole responsibility for executive search efforts in the Southeastern United States. She also worked in the Cost Allocation division providing governmental cost accounting and data management services to the public sector, including Alachua County, Florida. Ms. Narloch has ten years of experience in Executive Recruitment and has been involved in over 100 national searches. Prior to her recruitment career, she worked for three Fortune 500 companies in their sales, marketing and financial accounting divisions. Ms. Narloch has been responsible for all facets of recruitment including project management, recruiting candidates, conducting preliminary interviews and detailed reference inquires; and assisting clients in final interviews and negotiations. Residing in Florida, Ms. Narloch currently assists Bob Murray & Associates on an as needed basis with recruitments in the mid-west and east coast as well as with outreach efforts on the west coast. Ms. Narloch received her Bachelors of Arts degree in Information Studies, summa cum laude, at Florida State University. City of Ashland Page 8 AMANDA SANDERS, CoNSULTANT As a consultant with Bob Murray & Associates, Ms. Sanders is responsible for research, candidate recruitment and screening, as well as reference checks and background verifications. She focuses on client communication and works closely with clients to coordinate candidate outreach and ensure a successful search. Ms. Sanders brings several years of industry experience as she worked for one of the nation's largest recruitment forms. Her insight into the recruitment process is a valuable asset to Bob Murray & Associates. Ms. Sanders received her Bachelor's of Arts degree m Communications from the University of Wyoming. CRYSTAL BETHKE, CONSULTANT As a consultant with Bob Murray & Associates, Ms. Bethke is responsible for research, candidate recruitment and screening, as well as reference checks and background verifications. She focuses on client communication and works closely with clients to coordinate candidate outreach and ensure a successful search. Ms. Bethke has a strong background in government relations. Her insight into the recruitment process is a valuable asset to Bob Murray & Associates. Ms. Bethke received her Bachelor's of Science degree in Government from Evangel University, Springfield, MO. City of Ashland Page 9 REFERENCES Clients and candidates are the best testament to our ability to conduct quality searches. Clients for whom Bob Murray and Associates has recently conducted searches are listed below. CLIENT: POSITION: REFERENCE: CLIENT: POSITION: REFERENCE: CLIENT: POSITION: REFERENCE: CLIENT: POSITION: REFERENCE: CLIENT: POSITION: REFERENCE: City of Aurora, CO Deputy Director of Water Resources, Fire Chief, Police Chief, Public Utilities Director, Presiding Judge, and Public Safety Communications Manager Mr. Ron Miller, City Manager, (303) 739-7010, Mr. Frank Ragan, Deputy City Manager, (303) 739-7016, or Ms. Nancy Freed, Deputy City Manager, (303) 739-7223 City of Eugene, OR City Manager and Police Chief Mr. Dennis Taylor, City Manager, (541) 682-5336 City of Glendale, AZ Assistant Police Chief(s) and Police Chief Mr. Ed Beasley, City Manager, (623) 930-2870 City of Irvine Police Chief Ms. Allison Hart, City Manager, (949) 724-6213 City of Mesa, AZ Police Chief Mr. Paul Wenbert, Deputy City Manager (480) 644-2244 City of Ashland Page 10 BOB MURRAY & AsSOCIATES CLIENT LIST SINCE 2000 GTY MANAGER Albany, CA (City Administrator) Albany, OR Antioch, CA Arcata, CA Benicia, CA Campbell, CA Capitola, CA Carmel, CA ~tle Rock, CO (Town Manager) Chico, CA Claremont, CA Corcoran, CA Corona, CA Corte Madera, CA (Town Manager) Elk Grove, CA Eugene, OR Fortuna, CA Fremont, CA Goleta, CA Grover Beach, CA Half Moon Bay, CA Hollister, CA Imperial, CA Irwindale, CA La Mesa, CA La Palma, CA Lancaster, CA Lemon Grove, CA Los Alamitos, CA Mill Valley, CA Milwaukie, OR Monrovia, CA Newberg, OR Newcastle, W A Novato, CA Oakdale, CA Oakley, CA OJ ai, CA Orinda, CA Pismo Beach, CA Pittsburg, CA Pleasanton, CA Poway, CA Rancho Cordova, CA Rancho Santa Margarita, CA Red Bluff, CA Rio Vista, CA Rosevilie, CA Salem, OR San Antonio, TX San Clemente, CA San Ramon, CA Shoreline, W A South Lake Tahoe, CA Springfield, OR Stanton, CA Stockton, CA Thousand Oaks, CA Tracy, CA Truckee, CA (Town Manager) T urlock, CA Ventura,CA Walnut Creek, CA Westminster, CA Yuba City, CA AsSISTANT I DEPUTY GTY MANAGER Alameda, CA Carlsbad, CA Lancaster, CA Monterey, CA North Las Vegas, NV Orange, CA Pasadena, CA Petaluma, CA Pomona, CA Rancho Cordova, CA Reno, NV Rocklin, CA Stockton, CA Yuba City, CA CoUNTY ADMINISTRATOR Clackamas County, OR Clark County, NV (Assistant) Deschutes County, OR Marion County, OR Tehama County, CA Washington County, OR ADMINISTRATIVE SERVICES DIRECTOR Garden Grove, CA Los Alarnitos, CA Ontario, CA Placer County Water Agency, CA Pleasanton, CA Stockton, CA Yucca Valley, CA Vallejo, CA Walnut Creek, CA Yucca Valley, CA ECONOMIC DEVELOPMENT / REDEVELOPMENT/ HOUSING DIRECTOR AVIATION/ AIRPORT Big Bear Airpon, CA Dallas/Fonh Wonh, TX San Diego Regional Airpon Authority, CA San Jose, CA Fremont, CA Fullenon, CA Milpitas, CA Pon of San Diego, CA Stockton, CA BUILDING OFFICIALS/INSPECTION Bakersfield, CA Marin County, CA Modesto, CA Palo Alto, CA Sacramento, CA San Francisco, CA Stockton, CA ENGINEERING Bakersfield, CA Central Contra Costa Sanitary District, CA Damascus, OR Dublin San Ramon Services District, CA Nye County, NY Oceanside, CA Reclamation District 1000, CA Stockton, CA San Luis Obispo County, Nacimiento Project, CA Tracy, CA OTY QERK Central Contra Costa Sanitation District, CA Chino Hills, CA Fremont, CA Napa, CA CoMMUNITY DEVELOPMENT DIRECTOR EXECUTIVE DIRECTOR Arizona Municipal Water Users Association, AZ Bay Area Air Quality Management District, CA Central Contra Costa Solid Waste Authority, CA Chula Vista Redevelopment Agency, CA Housing Authority of the City of Los Angeles, CA Kings Community Action Organization, CA March Joint Powers Authority, CA Metro, Ponland, OR Public 'Agency Risk Sharing Authority Commission, CA Benicia, CA Capitola, CA Fullenon, CA Los Banos, CA Maple Valley, W A Modesto, CA Salem, OR Santa Cruz, CA Stockton, CA Sacramento Area Flood Control Agency, CA San Diego Association of Governments, CA San Joaquin Council of Governments, CA South Bayside Waste Management Authority, CA FINANCIAL Baldwin Park, CA Campbell, CA Chino Hills, CA Clark County, NY Damascus, OR Half Moon Bay, CA Hercules, CA Housing Authority of the City of Los Angeles, CA Imperial Beach, CA Los Angeles, CA Lancaster, CA Menlo Park Fire Protection District, CA Palmdale Water District, CA Pleasanton, CA San Francisco, CA San Leandro, CA San Jose, CA Santa Monica, CA Sparks, NY FIRE OIIEF Alameda,CA Aurora, CO Chula Vista, CA Culver City, CA Fremont, CA Fairfield, CA Fullerton, CA Half Moon Bay Fire Protection District, CA Hillsboro, OR Grand Junction, CO Livermore - Pleasanton Fire District, CA Milpitas, CA Monrovia, CA Mountain View, CA Newark, CA Oceanside, CA Rancho Cucamonga, CA (Deputy and Chief) Rancho Santa Fe Fire Protection District, CA Salinas, CA San Mateo, CA San Miguel Fire Protection District, CA Santa Cruz, CA University of California, Davis Union City, CA Upland, CA Vacaville, CA GENERAL MANAGER Calaveras County Water District, CA Central Contra Costa Sanitation Agency, CA Central Marin Sanitation Agency, CA Hilton, Famkopf, and Hobson LLC, CA Joshua Basin Water District, CA Monterey Regional Waste Management District, CA Monterey Regional Water Pollution Control Agency, CA (Assistant GM) Reclamation District 1000, CA (District Engineer) Sanitary District No.5 of Marin County, CA Sewer Authority Mid-Coastside, CA South Placer Municipal Utility District, CA Union Sanitary District, CA Valley of the Moon Water District, CA Walnut Valley Water District, CA LEGAL COUNSEL Aurora, CO Hayward, CA Monterey, CA Morgan Hill, CA North Las Vegas, NY Oceanside, CA Palo Alto, CA Salinas,CA San Mateo, CA Stockton, CA Yolo County, CA LIBRARY Corona, CA Folsom, CA Palos Verdes Library District, CA Stockton-San Joaquin County Public Library, CA PARKS/REcREATION/ CoMMUNITY SERVICES Anaheim, CA Arlington, TX Bakersfield, CA El Segundo, CA Half Moon Bay, CA Long Beach, CA Maple Valley, W A Pleasanton, CA Pleasant Valley Recreation and Park District, CA Salinas,CA San Jose, CA Santa Clarita, CA Stockton, CA Ventura,CA Whittier, CA PERSONNEL/HUMAN RESOURCES Corona, CA Inland Empire Utilities Agency, CA Judicial Council of California, CA Newark, CA North Las Vegas, NY Ontario, CA Palmdale Water District, CA Pomona, CA Rocklin, CA Stockton, CA Tehama County, CA PLANNING Alameda,CA Damascus, OR Milpitas, CA Modesto, CA Oceanside, CA Palo Alto, CA Pasadena, CA Reno, NY Riverside, CA Roseville, CA Sacramento, CA Santa Cruz, CA Tracy Unified School District, CA POLICE CHIEF/SAFETY Aurora, CO Berkeley, CA Capitola, CA Carlsbad, CA Chico, CA Colton, CA Concord, CA Culver City, CA El Centro, CA Eugene, OR Fairfield, CA Glendale, AZ (Chief and Assistant Chiefs) Glendora, CA Grand Junction, CO Half Moon Bay, CA Hayward, CA Irvine, CA Irwindale, CA La Mesa, CA Los Angeles, CA Los Angeles World Airports, CA Los Banos, CA Menlo Park, CA Merced, CA Mesa,AZ Monrovia, CA Monterey, CA Novato, CA Oakdale, CA Oceanside, CA Petaluma, CA Port of Long Beach, CA Port of San Diego, CA Reno,NV Rio Vista, CA Rocklin, CA Sacramento, CA San Bernardino, CA San Diego State University, CA San Fernando, CA San Francisco, CA San Jose State University, CA San Rafael, CA Sunnyvale, CA (Public Safety Director) Turlock, CA University of California, Davis, CA University of California, Santa Barbara, CA Vacaville, CA Whittier, CA POLICE LIE UfENANT / CAPTAIN Pleasanton, CA Santa Rosa, CA Port of San Diego, CA University of California, San Francisco, CA PUBLIC SAFETY COMMUNICATIONS Aurora, CO Clackamas County, OR Heartland Communications Facility Authority, CA San Francisco, CA San Jose, CA Washington County Consolidated Communications Agency, CA PUBLIC WORKS Belmont, CA Chandler, AZ Clark County, NV Dublin San Ramon Services District, CA Fresno, CA Galt, CA Half Moon Bay, CA Inglewood, CA Lathrop, CA Los Banos, CA Mammoth Lakes, CA Maple Valley, CA Morro Bay, CA Pico Rivera, CA Pomona, CA (Director and Deputy Director) Santa Cruz, CA Stockton, CA Tehama County, CA Tiburon, CA Upland, CA TECHNOLOGY Fresno, CA Hayward, CA Hillsboro, OR Inland Empire Utilities Agency, CA Modesto, CA TRANSPORTATION Santa Clara Valley T ransponation Authority, CA Santa Clarita, CA Washington County, OR WASTE WATER/SANITATION/ SOLID WASTE San Jose, CA Stockton, CA WATER Aurora, CA Stockton, CA OTHER Central Marin Sanitation Agency, CA (Director of Safety and Training) Mammoth Lakes, CA (Visitors Bureau Director) Port of Long Beach, CA (Managing Director) Port of San Diego, CA (Senior Director of Real Estate) Sacramento, CA (Preservation Director) Sacramento, CA (Urban Design Manager) San Antonio, TX (Convention and Visitors Bureau Director) San Jose, CA (Assistant Director of Environmental Services) San Manuel Band of Tribal Indians (Tribal Manager) Superior Court of San Luis Obispo County, CA (Assistant Court Executive Officer) CITY OF ASHLAND Council Communication Acceptance of Pedestrian/Bicycle Easement Primary Staff Contact: Michael W. Franell E-mail: franellm@ashland.or.us Secondary Staff Contact: E-mail: Estimated Time: Consent Agenda Statement: The City has been provided an easement to satisfy a condition of Planning Approval. Our Land Use ordinance provides that an easement granted to the City cannot be recorded unless accepted by the City Council. A request is made to accept the easement. Background: As a condition of planning approval, the Waldorf School, a private elementary school proposed on property located at 631 Clay Street, was required to record a pedestrian/bicycle easement from Clay Street to the Clay Street Park. Condition No. 8 reads: 8. That the pedestrian path linking Clay Street to the westerly property line, and the pedestrian crossing linking the pedestrian path to Clay Street Park shall be installed with the landscaping improvements prior to issuance of the first certificate of occupancy for Phase I construction. That a public pedestrian easement shall be recorded for the length of the path from Clay Street to the Clay Street Park and evidence submitted to the Planning Division prior to issuance of a building permit. That the applicant shall be responsible for the full cost of the pedestrian, improvement, design and installation. That evidence of the approval of the crossing design and location by the Ashland Parks Department shall be submitted prior to installation of improvements. (emphasis added). Attached is an easement document to satisfy that condition. Related City Policies: None Council Options: Accept the pedestrian easement Not accept the easement. r~' Staff Recommendation: Staff recommends the Council accept the pedestrianlbicycle easement. Potential Motions: I move the Council accept the pedestrian/bicycle easement as presented Attachments: Copy of Findings and Conditions from the Planning Action Proposed Easement. ~.l' Name of Transaction: Grantors: Return Document to: Pedestrian Easement Kula Ohana, LLC Barbara M. Christensen City Recorder 20 East Main, Ashland, OR 97520 $1.00 True and Actual Consideration: PERMANENT BICYCLE AND PEDESTRIAN EASEMENT FOR CITY OF ASHLAND 1. Grant of Easement. The above named Grantor grants to the City of Ashland, Oregon, "Grantee", a perpetual non-exclusive easement in gross to use, operate, inspect, repair, maintain and remove and replace a public pedestrian and bicycle easement across, along and upon the real property described below and further referred to in this easement agreement as the "easement area". The easement area can be utilized for recreational pedestrian and bicycle access only. The easement area is located in Jackson County, Oregon and is described as: A 5-foot wide Public Pedestrian Easement to the City of Ashland, over and across that tract of land described within Instrument No. 2005-039310 of the Official Records of Jackson County, Oregon, lying situate within the Northwest Quarter of Section 14, Township 39 South, Range 1 East of the Willamette Meridian, in the City of Ashland, Jackson County, Oregon, more particularly described and bounded as follows, to wit; Beginning at a 5/8 inch iron pin at the Northeast corner of Lot 3, Block 1, Agape Subdivision according to the official plat thereof, now of record in Jackson County, Oregon; thence South 89050'53" East along the North line of that tract of land described within Instrument No. 2005-039310 of the Official Records of Jackson County, Oregon a distance of 157.42 feet; thence South 63040'00" East leaving said North line, a distance of 22.32 feet; thence South 89008'07" East 152.87 feet to the West line of Clay Street; thence South 00003'18" East along said West line of Clay Street, a distance of 5.00 feet; thence North 89008'07" West, 154.08 feet; thence North 63040'00" a distance of 22.29 feet; thence North 89050'53" West a distance of 156.25 feet to the East line of said Lot 3, Block 1, Agape Subdivision; thence North 00002'01" West a distance of 5.00 feet to the POINT OF BEGINNING. 2. Use of Surface. Grantor shall have the right to use the easement area for all purposes not inconsistent with the uses and purposes of the property, provided that Grantor shall not build or erect any structure upon the easement area without the prior written consent of Grantee. 3. Maintenance. Grantee, its successors, assigns, agents and invitees shall be responsible for the maintenance and repair of said easement including but not limited to maintaining the easement in compliance with any applicable governmental regulations. 4. Indemnification. Subject to the limitations of the Oregon Tort Claims Act, ORS 30.260 - 30.300, Grantee, its successors, assigns, agents and invitees, shall indemnify and hold Grantor, its successors, assigns, agents and invitees, harmless against any claim for injury to person or property which occurs, or is alleged to have occurred, during the course of a crossing of Grantor's land by any person, other than Grantor, grantor's successors, assigns, agents and invitees. This shall include any settlement, judgment and costs of defense, including legal fees and disbursements. Grantor and Grantee recognize that it may have certain immunities granted pursuant to ORS 105.672 et seq. 5. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. GRANTOR: Kula Ohana, LLC By: Printed: Title: STATE OF OREGON ) ) ss. County of Jackson ) I, the undersigned, being a notary public in and for the State and County aforesaid, do hereby certify that , , for Kula Ohana, LLC known to me to be the same person whose name is subscribed to the foregoing Permanent Bicycle and Pedestrian Easement, appeared before me this day in person and acknowledged that, pursuant to his/her authority, he/she signed the said Easement as his/her free and voluntary act of Kula Ohana, LLC, an Oregon limited liability company, for the uses and purposes therein stated. Notary Public - State of Oregon ACCEPTED BY: City of Ashland, a municipal corporation of the State of Oregon John Morrison, Mayor (date) BEFORE THE PLANNING COMMISSION May 9, 2006 IN THE MATTER OF PLANNING ACTION #2006-00284, A REQUEST FOR CONDITIONAL USE PERMIT AND SITE REVIEW APPROV AL TO EXPAND THE USE OF THE PROPERTY LOCATED AT 631 CLAY ST. FOR A PRIVATE ELEMENTARY SCHOOL (WALDORF SCHOOL). THE PROPOSAL INCLUDES THE ADDITION OF FIVE BUILDINGS AND SITE IMPROVEMENTS INCLUDING PARKING AND LANDSCAPING INSTALLATION. A PHYSICAL CONSTRAINTS REVIEW PERMIT IS REQUESTED FOR A PEDESTRIAN CROSSING OF THE DRAINAGE, CEMETARY CREEK, AT THE NORTHWEST CORNER OF THE PROPERTY. APPLICANT: KULA OHANA RECITALS: ) ) FINDINGS, ) CONCLUSIONS ) AND ORDERS ) ) ) ) ) ) ) 1) Tax lot 1300 of391E14BB is located at 631 Clay St. and is zoned R-1-5 (Single-Family Residential). 2) The applicant is requesting Conditional Use Permit and Site Review approval to expand the use ofthe property located at 631 Clay St. for a private elementary school (Waldorf School). The proposal includes the addition of five buildings and site improvements including parking and landscaping installation. A Physical Constraints Review Permit is requested for a pedestrian crossing of the drainage, Cemetery Creek, at the northwest comer of the property. 3) The approval criteria for a Conditional Use Permit are as follows: A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, thefollowingfactors of livability of the impact area shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. P A 2006-00284 631 Clay St. Page I 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. 4) The criteria for Site Review approval are as follows: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. e. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. 5) The criteria for a Physical Constraints Review Permit are described in 18.62.040.1 as follows: 1. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. 2. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. 3. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum permitted development permitted by the Land Use Ordinance. 6) The Planning Commission, following proper public notice, held Public Hearings on March 28, 2006 and May 9, 2006, at which time testimony was received and exhibits were presented. The Planning Commission approved the Conditional Use Permit, Site Review and Physical Constraints Review Permit application subject to conditions pertaining to the appropriate development of the site. 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" P A 2006-00284 631 Clay St. Page 2 Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "0" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The Planning Commission finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The Planning Commission finds that private school uses are conditional uses in the Single- Family Residential (R-1) zoning district. As a result, the alteration or enlargement of an existing private school such as Waldorf School currently operated on the subject property requires a conditional use permit. Additionally, Site Review approval is required which entails an evaluation of the project's consistency with the applicable Site Design and Use Standards. Finally, a Physical Constraints Review Permit is required to install a crossing in the drainage in the northwestern corner of the property. The Planning Commission finds that the proposal with the attached conditions of approval meets all relevant criteria for approval described in the Conditional Use Permit chapter 18.104, Site Design and Use Standards chapter 18.72, and in the Physical and Environmental Constraints chapter 18.62. 2.3 The Planning Commission finds that the existing public facilities and utilities are in place to service the project, and have been identified on the site plan and discussed in a narrative. Water, sewer, electric and storm drain utilities are available in Clay Street. Clay Street provides access to the site and is classified as an Avenue (major collector). Clay Street north of Siskiyou Boulevard is a county road under the jurisdiction of Jackson County, but is located in the Ashland city limits. Clay Street is an unusual situation because it is a county road with a simple paved driving surface and open storm drain ditches. As a result, the road needs a total rebuild to bring it up to City standards. Additionally, a comprehensive coordinated design is important to insure the street will meet city standards since the city will take over ownership and maintenance once the project is complete. For these reasons, the applicant, like recent developments such as Clay Creek Gardens on the opposite side of Clay Street, is required to make per lot contribution towards the future improvement of Clay Street rather than installing an isolated frontage improvement. The improvement of this section of Clay Street is scheduled for 2008 in the Capital Improvements Plan. The improvement would include the upgrade of the street to city standards including the construction of curb and gutters, paving, bicycle lanes, parkrows and sidewalks, parking bays and storm drain facilities. 2.4 The Planning Commission finds that the application is in compliance with the approval criteria for a Conditional Use Permit. The property is zoned R-1-5, and the target use ofthe site P A 2006-00284 631 Clay St. Page 3 is the residential density of the site. The property is 1.50 acres, and the base density of the parcel is 6.78 single-family dwellings (1.50 acres x 4.5 dwelling units per acre = 6.78 units). The maximum density bonus permitted is .60, and in for this site the full bonus would increase the density to 10 residential units (6.78 base density x 1.60 = 10.84). The subject property has been operated as a private school since the 1995. The proposal meets the requirements of the R-l zoning district in terms of uses, setbacks and height. The proposed classroom structures meet the standard side and rear yard requirements, and the northern classrooms meet the solar setback requirement. In addition, the new buildings are at the highest point are 18 feet in height, which is well below the maximum of35 feet for the R-l zoning district. The application includes lot coverage calculations which show 46.22% of the site covered with impervious surfaces after Phase I build out, and 48.49% after Phase II build out. Both phases are below the 50% maximum lot coverage requirement for the R -1 zoning district. The Planning Commission finds the proposed private school expansion will have no greater adverse material effect on the livability ofthe impact area when compared to the development of the subject lot with ten residential units. Since the existing church building is already in place, the scale, bulk and architectural compatibility analysis is focused on the proposed new classroom buildings. The proposed classroom buildings range from approximately 2,200 to 2,700 square feet in size are similar and perhaps somewhat smaller in size compared to new single-family dwellings. The surrounding area is a mix of single-family residences and multi-family apartments, with a wide variation in the architectural styles. The lot coverage at the build out of Phase II would be 51 % which is comparable to new residential subdivisions in the R-1-5 zoning district. The generation of noise, light, glare, dust and environmental pollutants are factors that vary considerably depending on individual residents of single and multi-family housing. Existing exterior and new exterior lighting will be directed down and shielded to prevent light and glare on adjacent properties. Outside activities will be similar in impact to the summation often private yards as well as a subdivision open space with playground equipment. The school expansion will not create greater environmental impacts than a ten-unit residential subdivision. The generation of traffic and effects on surrounding streets from the school expansion will have no greater adverse material effect on the livability of the impact area compared to ten residential units. The proposal includes a Transportation Demand Management (TDM) program that will reduce vehicular trips by a minimum of ten percent. Additionally, the proposal includes a public pedestrian connection from Clay Street through the subject property to Clay Street Park. This public pedestrian connection will be available to the surrounding neighborhood and will provide a convenient shortcut to the park. The connection will increase livability for the neighborhood and potentially reduce vehicle trips for both the proposed school expansion and neighborhood. The vehicle trips generated by the private school use are offset during day, week and year. A typical school day ends earlier than the traffic generated by workers commuting home in the P A 2006-00284 631 Clay St. Page 4 evening. On a weekly basis, activities are not regularly scheduled on weekends by the proposed private school, and therefore two of the seven week days the private school use does not generate traffic. Finally, on a annual basis, the trip generation during the 34-week school year is offset by the 18 weeks the school is not in session. 2.5 The Planning Commission finds that the project is in compliance with the approval criteria including the Basic Site Review Standards for Site Review approval. The site layout including the building footprint and parking were established in the 1970's, which predates the Chapter 18.72 Site Review requirements. As a result, the existing building and site layout do not comply with the Site Design and Use Standards. The existing site improvements which do not meet current Site Design and Use Standards include the orientation of the church building to the parking area rather than the street, the absence of a pedestrian connection from Clay Street to the church building and the site, the placement of the parking area between the street and the building, the lack of landscaping in around the church building, buffering the property lines and in the parking area, and the lack of street trees. The proposal includes site improvements that will bring the site closer into conformance with the Basic Site Review Standards. The changes include the reduction in the size of the parking area in front of the building, the addition of landscaping throughout the parking area, the increase in landscape buffers at the property lines, a pedestrian link from Clay Street to the church building, overall upgrading of site landscaping, installation of street trees, installation of covered bicycle parking, installation of a trash/recycling enclosure and exterior remodel of church building. 2.6 The Planning Commission finds that the project is in compliance with the approval criteria for a Physical Constraints Review Permit for a public pedestrian crossing across the drainage in the northwestern comer of the property. Cemetery Creek is classified as a Riparian Land Drainage, and is subject to the requirements of Chapter 18.62, Physical and Environmental Constraints. Cemetery Creek runs roughly parallel with the west property line of the site, but is underground adjacent to the subject property. The creek is in a culvert for most of the length of the rear property line, but daylights near the northwest comer of the site. The culvert appears to be located on the properties directly west of the site, and is a non-conforming situation that does not meet the requirements of Chapter 18.62. Since the creek has been run underground, there is not riparian are or vegetation associated with the drainage in the culverted section of the creek. Chapter 18.62 requires a ten foot setback from the top ofthe bank ofthe creeks classified as Riparian Land Drainages, and limits creek crossings to streets and access. If the culvert is removed in the future, the riparian area must meet the requirements of Chapter 18.62 including but not limited to fencing in the riparian area. Fencing on the subject property on the north property line may be in the riparian area if the creek is daylighted and restored. In this event, the fencing would to meet Chapter 18.62 requirements and depending on the location in relation to the riparian corridor possibly require a Physical Constraints Review Permit if the fencing were left in place or reinstalled. The public pedestrian crossing will either take place in the existing culverted section ofthe creek P A 2006-00284 631 Clay St. Page 5 or through the installation of a new crossing. The use ofthe existing culvert will not affect, change or increase the flow of the creek. Any new crossing is required to be designed by a licensed engineer to pass a 100-year flood event, to not increase downstream flows and to not create additional flooding hazards to nearby areas. SECTION 3. DECISION 3) 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes the Conditional Use Permit and Site Review approval to expand the private elementary school including the addition of five buildings and site improvements including parking and landscaping installation, and the Physical Constraints Review Permit for a pedestrian crossing ofthe drainage at the northwest comer of the property has satisfied all relative substantive standards and criteria and is supported by evidence in the record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action # 2006-00284. Further, if anyone or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2006-00284 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant are conditions of approval unless otherwise modified here. 2) That 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. Additionally, the placement of any portion of the structure in the public utility easement shall be reviewed and approved by the Ashland Electric Department. This plan shall be reviewed and approved by the Electric Department prior to a building permit submittal or issuance of a building permit. Transformers and cabinets shall be located in areas least visible from streets, while considering the access needs of the Electric Department. 3) That a final utility plan for the project shall be reviewed and approved by the Engineering Division and Building Divisions prior to a building permit submittal or issuance of a building permit. The utility plan shall include the location of connections to all public facilities in and adjacent to the development, including the locations of water lines and meter sizes, sewer mains and services, manholes and clean-outs, storm drainage pipes and catch basins. A storm drainage plan shall be included with the utility plan including detention on site as required by Ashland Engineering Division. 4) That the engineered plan for the storm drain improvements in the Clay Street right-of-way included in Phase I shall be submitted for review and approval of Ashland Engineering Division prior to installation. The required permits shall be also obtained from Jackson County for the improvements in the Clay Street right-of-way. P A 2006-00284 631 Clay St. Page 6 5) That if a fire protection vault is required, the vault shall not be located in the location of a future sidewalk. 6) That the utility plan, revised landscaping plan and building permit site plan shall delineate vision clearance areas at the intersections of the driveways with Clay Street in accordance with 18.92.070.D. Structures, signs and vegetation in excess oftwo and one-half feet in height shall not be placed in the vision clearance areas. 7) That the property owner shall contribute funds to the City of Ashland for the future improvement of Clay Street to city standards in lieu of installing a half-street improvement on the Clay Street frontage of the property and in lieu of contributing to a local improvement district (LID) for Clay Street at a future date. The funds shall be made to the City of Ashland prior to the issuance of a building permit for Phase II construction, or by September 1, 2009, whichever is earlier. The contribution amount shall be based on the "potential unit method", which bases the street improvement charge on the method which determines the maximum number of potential units on the property that could be developed, for Local Improvement Districts as described in Resolution 99-09, dated February 3, 1999. 8) That the pedestrian path linking Clay Street to the westerly property line, and the pedestrian crossing linking the pedestrian path to Clay Street Park shall be installed with the landscaping improvements prior to issuance of the first certificate of occupancy for Phase I construction. That a public pedestrian easement shall be recorded for the length of the path from Clay Street to the Clay Street Park and evidence submitted to the Planning Division prior to issuance of a building permit. That the applicant shall be responsible for the full cost of the pedestrian, improvement, design and installation. That evidence of the approval of the crossing design and location by the Ashland Parks Department shall be submitted prior to installation of improvements. 9) That any new creek crossing shall be designed by a licensed engineer, and designed to pass a one hundred-year flood in accordance with the 18.62.070. The design shall consider blockage during severe flood and accommodating of overflow, and fill for the bridging shall be kept to the minimum necessary. That any new creek crossing design shall be submitted for review and approval of the Ashland Building, Engineering and Planning Divisions prior to installation of the bridge. The appropriate crossing shall be located on the subject site or by a conveyance and the design materials shall also include a site plan delineating the crossing location and surrounding property lines. Written permission from the property owners of properties that the crossing will be located on, including the Ashland Parks Department, shall be submitted prior to installation. That the applicant shall obtain the required state and federal permits for the crossing, and evidence of the permit approval shall be submitted to the Planning Department prior to the installation of the crossing. 10) That removal of the existing asphalt, reconfiguring of the parking area and driveways including installation of buffer and parking lot landscaping shall be installed prior to issuance P A 2006-00284 631 Clay St. Page 7 of the first certificate of occupancy for Phase I construction. Phase II parking shall be installed in accordance with the application materials prior to the issuance of the first certificate of occupancy for Phase II construction. 11) That the 26 covered bicycle parking spaces in accordance with the approved site plan and with the design requirements of 18.92.040.1 and J shall be installed prior to issuance of a certificate of occupancy for Phase 1. The inverted u-rack shall be used for the bicycle parking and shall be installed in accordance with design and rack standards in 18.92.040.1 and J. The building permit submittals shall verify that the bicycle parking spacing and coverage requirements are met in accordance with 18.92.040.1. 12) That a revised Phase II site plan shall be submitted including 36 covered bicycle parking spaces in accordance with the design requirements of 18.92.040.1 and J prior to issuance of a building permit for Phase II. 13) That the plans submitted for the building permit shall be in substantial conformance with those approved as part of this application. If the plans submitted for the building permit are not in substantial conformance with those approved as part of this application, an application to modify this Site Review approval shall be submitted and approved prior to issuance of a building permit. 14) That the requirements of the Ashland Fire Department, including installation of fire hydrants, fire apparatus access and addressing, shall be satisfied prior to issuance of the first certificate of occupancy. 15) That the recommendations of the Ashland Tree Commission with final approval of the Staff Advisor shall be addressed prior to the issuance of a building permit. The recommendations shall be included on a revised tree protection plan, landscaping plan and final irrigation plan at the time of submission of building permit. Landscaping and the irrigation system shall be installed in accordance with the approved plans prior to issuance of the first certificate of occupancy for Phase I construction. 16) That a Verification Permit shall be applied for and approved by the Ashland Planning Division prior to tree removal, site work, building demolition, and/or storage of materials. The Verification Permit is to inspect trees to be removed and the installation of tree protection fencing for the tree near the driveway access. The tree protection shall be chain link fencing six feet tall and installed in accordance with 18.61.200.B. 17) That public utility easements on the property shall be shown on the building permit submittals. No portion ofthe structure shall intrude into a public utility easement without approval by the Ashland Engineering Division. 18) That mechanical equipment shall be screened from view from Clay Street. Location and screening of mechanical equipment shall be detailed on the building permit submittals. P A 2006-00284 631 Clay St. Page 8 19) That the building materials and the exterior colors shall be identified in the building permit submittals. The information shall be consistent with the colors, texture, dimensions and shape of materials and building details proposed and approved as part of the land use application. 20) That exterior lighting shall be shown on the building permit submittals and appropriately shrouded so there is no direct illumination of surrounding properties. 21) That a sign program in accordance with the requirements of Chapter 18.96 shall be developed for the building and submitted for review and approval with the building permit submittals. That a sign permit shall be obtained prior to installation of new signage. Signage shall meet the requirements for a conditional use in a residential zoning district in accordance with 18.96.070. 22) That the property owner shall agree to participate in funding of an Ashland Street Corridor Study for up to 20 percent ofthe study cost with the applicant's total maximum contribution not to exceed $3,000. The property owner shall sign an agreement to this affect to be recorded on the deed to the property prior to issuance of a building permit. 23) That the existing lighting shall be retrofitted (i.e. shrouded) so the light is directed downward and doesn't spillover light into the adjoining properties. 24) That the property shall not lease or rent the site or structures for uses and activities not sponsored or associated with the private school. Planning Commission Approval Date P A 2006-00284 631 Clay St. Page 9 http://ashland.or.us/PrintContentView.asp?ID=1351&A... J~ rEM :#:Xl.1 - - - lIP.. ._~ CITY or ASHLAND Monday, November 24, 2003 Minutes Planning Commission 08/26/2003 ASHLAND PLANNING COMMISSION ASHLAND CITY COUNCIL JOINT STUDY SESSION AUGUST 26, 2003 CALL TO ORDER Planning Commission Chair Russ Chapman called the meeting to order at 7:05 p.m. Other Commissioners present were Kerry KenCairn, Colin Swales, Mike Morris, Marilyn Briggs and John Fields. Cameron Hanson, Ray Kistler, and Dave Dotterrer were absent. Council members present were Alex Amarotico, Kate Jackson and Chris Hearn. Absent were Don Laws, John Morrison and Cate Hartzell. Mayor Alan DeBoer arrived at 8:00 p.m. Staff present were John McLaughlin and Sue Yates. GREATER BEAR CREEK VALLEY REGIONAL PROBLEM SOLVING "NOW X2" STAFF PRESENTATION McLaughlin said there have been three meetings on this topic. Each community in the Greater Bear Valley has been working on their individual comprehensive plans and their growth effort. The region is tightly linked with air quality, transportation, etc. This plan is looking at where growth can best occur and where it should be discouraged. 10f8 ::2.7 'I. - 11/24/03 3: 13 PM 11 http://ashland.oLus/PrintContentView.asp?ID=1351&A... What are Ashland's recommendations for growth areas? With all the various constraints, such as 1-5 and hillsides, we are looking at relatively small areas. The purpose of this meeting is to get some clear direction from the Commission and Council that will be taken to the Council for their final recommendation and adoption for growth areas. McLaughlin's memo of August 26, 2003 describes the potential growth areas and the positives and negatives of each area: AD1, AD2, Mountain Meadows extension, and the Young property. KenCairn asked if the City can just say "Stop" under this plan. McLaughlin referred to the Greater Bear Creek Valley Goals and Policies, Goal 3, (Recognize and emphasize individual identity, unique features...) Should Ashland provide a greater amount of housing, but due to the constraints, end up spoiling the part that makes us an important factor in the region? Ashland has a certain character and desirability. Regional problem solving is a process allowed under state statute that allows for flexibility of the statewide planning goals. We have to comply with the goals, but we have flexibility with the Admininstrative Rules. One option the City could choose is to recommend none of the growth areas and start looking at other opportunities for infill or increased densities in some of the vacant areas we have. Swales asked about AD2. The western most side follows the bluff. Why does it go down into the gullies and cut back to East Main? Why the steeper land on the eastern side? McLaughlin thought it would be better under the City's jurisdiction than Jackson County's. As the areas develop, there are logical open spaces around the creek buffers that could be incorporated into an overall neighborhood plan some time down the road. That line is not necessarily fixed. Only the area that is accessed is what would be urbanized. McLaughlin added this is the time to look at the big picture for the region. We are looking at a major policy issue for Ashland and the region. Are we going to modify our 20f8 ;2.8 11/24/03 3:13 PM http://ashland.or.us/PrintContentView.asp?ID=1351&A... boundaries to accept additional growth as well as infill or are we going to say no? There are opportunities for amendments in future years. A process will be designed for that but it will be rigorous. The future growth areas are not for immediate growth. This is a long-term plan. We are still required to show the need for additional lands. Once the areas are identified for potential growth areas for Ashland, it will change their character. They will increase in value and there will be pressure to bring the lands in at some point. McLaughlin thought the letter from 1000 Friends of Oregon raise some very good points. DISCUSSION DAVID YOUNG said he owns the triangular section of land near 1-5. He is interested in helping the City meet the pressing need for affordable housing. His would offer the entire parcel for 50 or more affordable housing units. He would be willing to sell the units under the City's affordable program for $140,000 each. It looks to Young like a natural continuation of the urban plain with multiple density housing on the other side of Mountain Avenue. McLaughlin explained that if this area was added as a growth area and the regional process is complete, Young could begin the process the next day. KenCairn wondered if it could be zoned for low-income housing. McLaughlin said it could be zoned for that purpose. Jackson asked about the road capacities for North Mountain and East Nevada. Would either one of these additional areas exceed the capacity? McLaughlin thought not. Hearn wondered if Gary Collord, Housing Specialist, had been able to come up with any land use possibilities for parcels like Dr. Young's? McLaughlin said Collord's efforts have been going into more immediate housing already within the City, rather than something that might be five to ten years out. 30f8 ~7' 11/24/033:13 PM 'II 1 http://ashland.or.us/PrintContentView.asp?ID=1351&A... Fields asked if this property would be a gift. Young said his plan would be to develop it himself and meet the City's intent. McLaughlin said the difficulty of the discussion is that we are looking at some really different timeframes. We are looking at land needs and future development patterns for the community as opposed to a specific development that may be needed right now. That will evolve in the next five to ten years. Swales wondered if we have looked at the wisdom of having high density so close the freeway in terms of the aesthetics Ashland presents to travelers along the 1-5 corridor, or just how nice is it to live in those places? MADELINE HILL said she and Larry Medinger own a piece of land east of Mountain Meadows. She commissioned a study of the land. It has never been used for agriculture. It is right next to a developed urban area. It is a manageable size and close to North Mountain Park and the greenway. Services are only a foot away. They would be interested in working with the Ashland Community Land Trust (ACLT). She and Medinger have been successful developers of affordable housing in whatever the City's program has been. ELIZABETH HOWARD(?) said there is clearly a need in Ashland for affordable housing. We use other valuable resources by forcing the workforce to commute to other communities. She finally gave up looking for real estate in Ashland, Talent or Phoenix. She would like the Commission and Council to seriously look at those who cannot afford to live in Ashland. She has also noticed the lack of racial diversity in Ashland. McLaughlin said they are looking at possibly rezoning some existing areas. We are still within the 20 year time range for all land classifications, but we are getting tight. Hearn left the meeting. KenCairn finds it interesting there are owners of two pieces of property asking to be included as growth areas. If we 40f8 3d 11/24/03 3: 13 PM http://ashland.or.us/PrintContentView.asp?ID=1351&A... have this intensive low-income housing need and are having a very hard time finding property to facilitate it and these owners are willing to accept zoning that would force them to do 100 percent affordable housing, it seems like an incredible value to the community. Her concern is that there would be an island of low-income housing. Chapman mentioned this could be done with AD1 or AD2 also. Chapman still wants to be able to call Ashland a small town. We have 20,000 people now. By the time we build out what is here, he thinks we'll be at 24, 000 to 25,000 people. He believes at that point we have an obligation to protect ourselves as a small community and we need to say, "that's it". He is not closing the gate. There is a small town attraction, charm and beauty that we need to protect. He thinks the current inventory is enough. KenCairn responded that is what is increasing the problems with affordable housing. Fields thinks we have an opportunity to force that land in with affordable restrictions. Jackson asked if maintaining that small town feel would mean the rural feel of driving out East Main. Would AD2 enclose it more? Is it harder to describe senses of how different parts of town relate to each other? It is a difficult thing to pin down. You can physically define and limit the acres inside the city limits, but your population is always going to grow. You either accommodate that growth in higher density in attractive developments or you don't. To her, a big part of the community feel is that people that work here can live here. The small town feel to KenCairn is that people know each other; people work together and see one another in the evening. The less affordability there is, the less that can happen. Mayor DeBoer arrived. Briggs prefers the AD2 piece. It seems like a more natural place to put a growth area and the bluff behind it seems like a natural boundary. It has the flattest land for building. Chapman mentioned the areas of potential growth already 50f8 31 11/24/033:13 PM " 1 http://ash1and.or.us/PrintContentView.asp?ID=1351&A... in the UGB: The Croman property, the area around McDonald's, and two recently approved areas on North Mountain. The AD2 seems like the most logical area for growth, especially because it is in close proximity to the schools. Can the community absorb a potential 480 to 960 dwelling units? Amarotico asked if they recommend no change and in ten years the town is bursting at the seams, how possible is it to change then? McLaughlin said it would mean going through this process locally and at a regional level. There will be windows of opportunity, probably every five years, for communities to amend their plans. Jackson reminded the Commission and Council that we are a greater urban area. Regional transportation, growth, jobs placement, and housing can be better dealt with on a regional level than by each city by itself. From her viewpoint, she wants to be open-minded about the process. Swales said, in other words, politically, it is better to say we will do a little bit but with the understanding that we will keep tight control of what actually happens. McLaughlin cautioned everyone in looking at the specific need for affordable housing. We are really looking at future housing areas that are going to be a combination of housing types. We don't want to isolate one type of housing. KenCairn sees an opportunity with the two areas being offered by their owners to provide some affordable housing. Fields said there might be ways to do some creative things, like an affordable housing mitigation plan. Chapman believes we have an obligation as a whole not to grow beyond the carrying capacity of the resources of this community. If it were a choice of parcels, he would not choose either piece by the freeway. Swales feels it is not right to designate these areas as ghetto type housing. We have policies in place to allow for affordable housing and encourage infill and density. It would seem perfectly within our purview to take the lead and take that message to the rest of the valley. 60f8 ~ 11/24/033:13 PM http://ashland.or.us/PrintContentView.asp?ID=] 35] &A... Chapman said by adding areas, we are abandoning our principles for growth. He would support Option 2 for no change. Swales said the demographics in Ashland are changing. The population moving here seems older and wealthier. He believes we should take this slowly and do our best to keep our compact urban form. Briggs wondered what could happen to the possible growth areas if we choose not to add them. Can they develop? McLaughlin said according to state statute, land within one mile of the UGB cannot go below ten acre minimums. Morris would like to see housing as a separate issue. It doesn't make sense to have low- income housing dictate decisions for our long-term UGB. DeBoer believes we should adopt Option 2. We can always add more land or deviate from the plan if we find the right pieces of property. We need to have a regional approach. The rest of the county should see how we've worked with infil!. It is a great statement to use what we have first before changing our UGB. McLaughlin suggested doing a straw vote on how to proceed. Morris wondered about a density transfer for setting aside wetlands in AD2. McLaughlin thought it would be hard to end up with 900 units. Fields supports Option 2. Swales supports Option 2. He would like a statement of our vision and promote our vision to the rest of the valley. Jackson said since we are grappling with affordable housing, she would consider adding a few acres from the two proposals and AD2. Our statement of rationale for bringing these areas in would be to provide the housing type for which we are running out of acres. Swales, Morris, KenCairn, Chapman, Fields, Amarotico and 70f8 33 11/24/033:13 PM 'I I http://ashland.oLus/PrintContentView.asp?ID=1351&A... DeBoer support Option 2 (to varying degrees). No one seemed to like AD!. There was no opposition to the Goals and Policies. OTHER Announcement Mayor DeBoer announced the Council will be talking about affordable housing priorities and Community Development Block Grant (CDBG) at their next study session at noon on September 3, 2003. AlA Conference Briggs gave a brief report of the recent AlA conference in Portland. ADJOURNMENT - The meeting was adjourned at 9:20 p.m. , ;.f \..'f~\' ':H '1.' -' : f"" !)~~fr"'N" 8 of8 31 11/24/03 3: 13 PM City of Ashland, Oregon - Agendas And Minutes Page I of 12 City of Ashland, Oregon / City Council Tuesday, September 02, 2003 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 2, 2003 Civic Center Council Chambers, 1175 E. Main Street Mayor DeBoer called the meeting to order at 7:00 p.m. in the Civic Center Council Cha ROLL CALI. Councilor Laws, Amarotico, Hartzell, Morrison and Hearn were present; Coun p.m. APPROVAL OF MINUTES The minutes of the Regular Council Meeting of August 19, 2003 wer approved with clarification on page 2 in reference to AFN quarterly report, that there is just one meetin that will be on the 18th of September. In addition, on page 4 under Ordinance/Resolutions public testi ony by Eric Navickas, it was suggested that the minutes show that he expressed concern over the po ntial for larger lots. It was noted that Councilor Hartzell had requested a little more detail on issue when minutes are prepared. SPECIAL PRE_SENTATIONS & AWARDS Mayor read statement regarding "Students Returning t School," taking particular care when driving and showing support of students in all their activities. Mayor's Proclamation of September 2003 as "Na . nal Alcohol and Drug Addiction Recovery Month" and Mayor's Proclamation of September 11, 2003 a "Always Remember September 11 Day" were read aloud. Presentation of Bicycle & Trail Route Interim Parks Director Steve Gies explain (j that this is a long overdue project and has been a group cooperation effort. He introduced Robe McLellan of the Ashland Woodland Trails Association. McLellan presented Ashland's first tr II and bikepath map. He explained who the Ashland Woodland Trails Association (AWTA) is, how they w re formed and what they have accomplished. AWTA is a private non- profit group, focused on raising ney through grants and donations to buy open space and easements to build trails and to create a conn cting trail system. Their vision is a comprehensive system of trails and open space encircling Ashland, connecting neighborhoods and the town down "emerald necklace." He explained the reason A A formed as group: 1) Preservation of small open spaces that are disappearing due to the po ularity of our area, growth and development, 2) Need for funding sources to acquire open space and b ilding trails, and 3) Realized opportunity of leaving something of lasting value for the community. He shared the accom ishments as 1) Forming board and realizing non-profit status, 2) Building partnerships with As land Parks and Recreation, National Parks Service, City of Ashland, Southern Oregon Land Conservancy, ) Built list of 200 community volunteers and 100 paid members, and 4) Have raised over $100,000 in rant money toward trails and easements for the community. McCullom pass around to the council for their viewing the first trail map. He noted that this would provide the re dents with a valued resource. Fellow member Michael Donovan stated that these maps will be first distri ted through the Chamber of Commerce and Ashland Parks & Recreation and then through the natural tlets. There will be a nominal charge of $1.00 for these maps. Gies expl ned that all indicated trails on map are legal developed routes. Hearn voiced his appreciation of this gro and their success at securing grants. He also noted that this is a "hands on" group and no matter f age or physical condition all can participate in building these trails. http://www.ashland.or.us/Agendas.asp?Display= Minutes&AMID= 13 53&Print=True 8/1 0/2006 City of Ashland, Oregon - Agendas And Minutes Page 11 of 12 3. Reading by title only of "A Resolution Adopting a Set of Goals and Policies for 'NOW x 2', the Bear Creek Regional Problem Solving Process." Larry Medinger/liS Fork Street/Commented that the Housing Commission had not had the opportunity to comment or be involved in Nowx2. The Commission felt unanimously that they should be somewhat involved in something as important as this and where the activity has many implications regarding affordable housing, such as zoning, etc. Understood that the Planning Commssion was against bringing anything in and that the Housing Commission was in disagreement with this. Madeline Hill/828 Boulder Creek Lane/Commented on the lack of advocates for affordable housing at last council study session and that the few advocates she had spoken to had not been aware of this resolution. That this was an opportunity long into the future to open the door and that this was nothing more than opening the door. She commented that there were two parcels that both the owners wanted to do some signficant affordable housing and that they felt this had not been taken into account at the council study session. She felt that there were goals that had nothing to do with what properties were being added in. She didn't understand the process and noted that there are two willing property owners who are willing to do something. Mayor explained that this has nothing to do with particular pieces of land but is a policy statement. Jackson stated that these are the goals and policy statements that the Regional Problem Solving Policy Committee has agreed upon and wants the jurisdicitions to look at. The issue of whether Ashland is going to endorse any growth areas needs to come soon, but will come separately. Community Development John McLaughlin explained that this is scheduled to come before the council on September 16, 2003. He stated that this will be on the agenda for the Housing Commission on Sepember 10, 2003. Hartzell agreed that there has been a general oversight around this discussion regarding urban growth boundaries in relation to affordable housing. She would like staff to investigate when the absolute latest would be for the council to come back with a decision about our UGB area, as she would not be attendance at the September 16th council meeting. Laws did not feel that the scheduling of the meeting has anything to do with the resolution. Councilor Laws/Hearn m/s to approve Resolution #2003-32. DISCUSSION: It was confirmed that this information had come before the council during a study session. Hartzell commmented that she is extremeley disappointed in the language of goal 2 and would not vote in favor. She understands the challenges that the committee has had in trying to merge the different values that are represented in the communities across the valley. But, to have a goal to conserve resources in open space lands for their important economic, cultural and Iivibilty benefits without mentioning their environmental benefits and sustainability needs further consideration. Jackson noted that the word "sustainability" has been commented on in the discussion but that this is a product of at least a years worth of debate. She stated that the effort of the Regional Solving Project is to aim to conserve agricultural land regardless if it is zoned EFU or not. The Resource committee evaluates all the requests that cities have made and have been red flagging that they don't want to see changed. What is being built between the various committees is the procedures. She explained that the Policy Committee will be reviewing the recommendations of the individual jurisdictions for their future growth areas in the next step. There is a need to have enough data for the Planning staff or DLCD to make definitive decisions one way or another. She shares the need to see the word sustainability and to see alternative economic models recognized, but that there is a need to recognize that this is the first time that all the jurisdictions have been sitting at the same table. She does not feel the council is in a position to be making modifications Roll Call Vote: Hearn, Laws, Morrison, Jackson and Amarotico, YES; Hartzell, NO. Motion passed S-l OTHER BUSINESS FROM COUNCIL MEMBERS http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID= 13 5 3&Print=True 8/1 0/2006 City of Ashland, Oregon - CC - NOW x2 Page 1 of2 City of Ashland, Oregon / City Recorder / City Council Information / Packet Archives / Year 2003 / 09/02/ CC - NOW x2 CC - NOW x2 [Council Communication] [Proposed Resolution] [GBCV Goals.pdf] Council Communication Title: A Resolution Adopting A Set of Goals and Policies for "Now x 2", the Bear Creek Regional Problem Solving Process Dept: Planning Department September 2, 2003 Date: Submitted By: John McLaughin, Director of Community Development Gino Grimaldi, City Administrator Approved By: Synopsis: At the July 2, 2003 Regional Problem Solving (RPS) Policy Committee meeting, members unanimously voted to adopt the "Greater Bear Creek Valley Regional Goals and Policies." To complete the adoption process of the goals and policies, each jurisdiction is asked to provide a resolution of support. Recommendation: Staff recommends approval of the attached resolution. Fiscal Impact: None Background: As authorized by Oregon statute, the Greater Bear Creek Valley has been recognized by the State as a Regional Problem Solving Area. Local jurisdictions, agencies and state agencies have entered into a regional land use planning process that identifies areas of Jackson County and whether growth at urban levels of density is or is not appropriate. The City of Ashland designates a representative to participate in the Bear Creek Regional Problem Solving Process and currently, the representative is Councilor Kate Jackson. Community Development Director John McLaughlin serves on the Technical Advisory Committee. Attachments: Proposed Resolution Back to Top >= GBCV _Regional_Goals. pdf (60.3KB) http://www.ashland.or.us/Page.asp?N avID= 1520&Print=True 8/9/2006 City of Ashland, Oregon - CC - NOW x2 The above document(s) are Adobe@ Acrobat@ PDF files and may be viewed using the free Adobe@ Acrobat@ Reader™. Most newer web browsers already contain the Adobe@ Acrobat@ Reader™ plug-in. However, if you need it, click on the "Get Acrobat@ Reader™'' icon to download it now. http://www.ashland.or.us/Page.asp?N av ID= 1520&Print=True r-\, Get AllaM Page 2 of2 8/9/2006 ~ Greater Bear Creek Valley Regional Goals and Policies Policy Comm;ttee-approved final draft The Greater Bear Creek Valley is in the midst of a regional planning effort under the authority of Oregon's Regional Problem Solving statute. The statute permits a departure from state administrative rules where needed to implement creative solutions to mutually agreed upon regional land use problems. The following goals and policies are established to guide the. agreed-upon regional plan. Goal 1: Manage future regional " growth for the greater public good. Policies: 1. The expansion of urban areas shall be consistent with the Regional Plan. as amended. 2. The Regional Plan will be implemented. by intergovernmental agreements and amendments to the comprehensive plans and implementing ordinances of the various individual jurisdictions. 3. The Region's overall urban housing density shall be increased to provide for more efficient land utilization. 4. The Region will adhere to a uniform policy to regulate the extension of sanitary sewer and public water facilities beyond established urban growth boundaries. S. The Region will identify major infrastructure corridors needed in the future and develop strategies to achieve their long-term preservation. 6. The Region's jurisdictions will ensure a well connected network of public streets as a means to reduce dependence on state highways for intra-city travel. 7. The Region will facilitate development of a healthy balance of jobs and housing within each of the communities, and will do the same on a regional basis to accommodate needs that cannot be met within individual communities. Goal 2: Conserve resource and open space lands for their important economic, cultural, and livability benefits. " Policies: 1. The Region will establish intergovernmental agreements and administer policies and laws that implement the shared vision of maintaining a commercially viable land base for agriculture, forestry and aggregate resources. 111 II 2. The Region's jurisdictions will establish and implement unifonn standards to buffer reso~e lands from planned future urbanization. 3. The Region will explore strategies to increase the viability and profitability ofresource lands. 4. The Region will explore incentives and other measures to achieve the long-tenn preservation of regionally significant open space, including lands located within the designated community buffer areas. . Goal 3: Recognize and emphasize the individual identity, unique features, and relative competitive advantages and disadvantages of each community within tile Region. Policies: 1. The Region will facilitate and enhance the individual identity of each community : A) by maintaining buffer areas of rural land between the various cities, B) where communities are planned to be contiguous, by establishing distinct design features along transportation conidors that demark the municipal boundaries, or C) by other appropriate means. 2. The Region will facilitate individual community flexibility in the extent of future boundary expansions in order to enhance the implementation of the Regional Goals and Policies. 3. The Region will develop a strategy permitting an unequal distribution of certain land uses.amOllg its jurisdictions. 4. In order to facilitate urban growth planning and Goal 14 decisions, the Region will encourage and coordinate the development of individualized definitions of "livability" for each community based upon its unique identity and vision of its future urban form and characteristics. http://ash1and.or.us/PrintContent View .asp?ID= 14 70&A... Planning Commission 10/28/2003 These Minutes are preliminary pending approval by Council at the November 4, 2003 City Council Meeting. DRAFT MINUTES JOINT STUDY SESSION CITY COUNCIL PLANNING COMMISSION HOUSING COMMISSION TUESDAY, OCTOBER 28, 2003 Greater Bear Creek Valley Regional Problem Solving "Now x2" Call to Order Meeting was called to order at 7:05 p.m. Attendance Council: Alex Amarotico, Don Laws, Kate Jackson, Chris Hearn, Cate Hartzell Staff: John McLaughlin, Gary Collord Planning: Russ Chapman, Colin Swales, Raymond Kistler, Cameron Hanson, Marilyn Briggs, David Dotterrer, Michael Morris Housing: Joan Legg, Jonathan Uto, Larry Medinger, Andy Dungan 1. Review and Recommendation of Potential Growth Areas Community Development Director John McLaughlin explained they are gathered to discuss the Now x2 Program, and to consider what the valley will look like with double the population and how Ashland will accommodate the growth. Councilor Jackson noted the goal is to accommodate the population growth, but this program was initially created 2of9 /9 11/24/03 3:16 PM http://ashland.or.us/PrintContentView .asp?ID= 14 70&A... with the serious intent of preserving farmland. John McLaughlin explained Ashland currently has constraints, including not wanting to expand across the freeway or into the hillside for environmental concerns. He also noted that Ashland and Talent are only a few hundred yards apart and they are not planning on expanding out towards Immigrant Lake. With this in mind, there are two small areas that they are looking at. The first is ADl: approximately 90 acres located south of Siskiyou Blvd, between Tollman Road and Crowson Road. And the second is AD2: approximately 96 acres located along the south side of East Main Street. There have also been the three other areas proposed by residents, including the Young Property and the Mountain Meadows Property. At the last meeting, they had put forth 2 options. Option 1 recommended the inclusion of one or more of the potential growth areas outlined, and Option 2 recommended that no potential growth areas be adopted at the present time. Option was 2 was chosen after a split straw vote. McLaughlin explained ADl would be more difficult to build multi-family housing, due to the slopes, but noted it is close to schools and the Bi-mart and Albertson shopping centers. The flatness of AD2 would provide a great opportunity, and the proximity to services makes it a likely candidate. However if AD2 was built up, the present views of the agricultural land and Mt. Grizzly could be affected. David Dotterrer asked if AD2 was chosen, would East Main need to be widened to accommodate? McLaughlin replied No. McLaughlin explained the North Mountain areas have constraints that would make it difficult to develop and the closeness to services has been a concern. Also, there is a component of how people view Ashland from the freeway, which could be hampered by this development. Another option is 400 acres adjacent to the city limits next to the airport. This is located on the other side of the 30f9 ~o 11/24/033:16 PM http://ashland.or.us/PrintContentView.asp?ID= 14 70&A... freeway, and does not have access to city streets or services and is not recommended. McLaughlin explained the next step is for this item to go to the City Council for final consideration, and that they are holding this second Study Session to give the Housing Commission and others the opportunity to voice their comments. McLaughlin stated they are looking at the long-term changes (20-50 years from now), including how will the valley look, and where the growth should take place. Councilor Hearn asked how the traffic plan related to this project. McLaughlin stated that road improvements will need to be made, including signals, but they will most likely not need to widen the streets. Councilor Jackson noted that the increase of traffic on East Main has been partially impacted by the construction on Siskiyou Blvd. David Dotterrer, Planning Commission, asked how many people would be accommodated by each of the two proposed sites. McLaughlin responded AD! could create 450 potential single family homes, while the AD2 area could provide more multi-family housing which would allow for more people. AD2 could also allow for neighborhood commercial zoning. Colin Swales, Planning Commission, expressed his concern that they not only need to look at affordable housing, but also look at the Economic Development Plan to ensure that Ashland can provide decent wage jobs. Larry Medinger, Housing Commission, stated the problem is that the young professionals cannot afford to live in Ashland, and agrees that wages should be raised. Medinger stated they could only counteract this problem by following the action plan and work on some of the great ideas brought forth, like the program that works with the 5 largest employers. Medinger also stated that they need to look at what types of housing these people would be interested in. Some of the young professionals are seeking 40f9 ~( 11/24/033:16 PM I. http://ashland.or.us/PrintContentView.asp?ID=1470&A... a house with a yard and the City needs to make sure this type of property is provided. Medinger asked how binding the Now x2 plan was. McLaughlin clarified that there will be a process to update the plan over the years. Councilor Hartzell asked what the impacts would be of closing this issue until the next review cycle came about. McLaughlin clarified that the regional plan does give flexibility, and could be revised after about 5 years. McLaughlin noted some of the other areas on the valley will have a higher increase, but the goal is to have Ashland share in the responsibility for the growth and housing issue. Andy Dungan, Housing Commission, stated he felt the attitude of looking to other cities to accommodate their growth needs in irresponsible and morally inappropriate. He expressed his concern about Ashland becoming even more exclusive and stated the lower end housing problem can only be solved by rentals, and wants to have this in the discussion. Ali Turiel, Jackson County Planning Manager, informed the council and commissioner of an unpublished study that was done with White City. The results of which showed that people were not moving to White City to be closer to their work and community, but rather citizens were commuting further, and living in White City for its reasonable house prices. Juli DiChiro, School Superintendent, stated the young families in Ashland are declining, and would like to see good family housing provided. She stated about 900/0 of the Ashland school teachers are living in Ashland, but that they are also in their 50s. The schools have not been able to hire any new teacher due to the drop in enrolling children, but will be able to hire again once some of the current teachers start to retire. DiChiro also stated that the City needs good family wage job housing, not the low level affordable housing. She also noted that police officers, firemen, doctors, etc., cannot afford to live here, and that it affects the quality of life when the people you depend on are not able to be residents. 50f9 :<~ 11124/033:16 PM '" I http://ashland.or.us/PrintContentView.asp?ID=1470&A... McLaughlin clarified that the project at hand is long term, and way down the road. If the council wants to address the city's current affordable housing problems, that is a completely different issue. Councilor Hartzell asked if the City would be able to control how the land was developed in terms of affordability. McLaughlin stated they would not be able to state a specific percentage that needs to be affordable housing. Dungan explained that they could not apply it towards for sale housing, but they could for rentals, which is not against OR Statutes. Public Comment Eric Navickas / 71.1. Faith Ave. / Stated increased growth would result in a greater water use, worse traffic, and a decrease of aesthetic value as a tourist town. He stated the City has not yet developed fully within the present UGB, and would like to see that done before they look outward. Navickas noted the Railroad District as a good area to increase residential and affordable housing, and expressed his disappointment that they were putting so much focus on the Willow Wind Property. Iraj Ostovar / 389 E. Hersey St. / Stated he was representing the David Young Property off of East Nevada, and feels this would be a good opportunity for the City. He noted a portion of the property is already part of the City, and the capacity for the traffic is already there. He stated this use could be expedited and used within the next 3-5 years, of they could wait and use it 20+ years from now. Garv Collard I HousinCl Specialist I Stated this is a tough situation. They could address affordable housing by adding rentals and multi-family properties, but that is not typically the first choice for families. Collord stated the City needs to work on the land use development policies for incentives to developers for building low income housing, and that the City will fail if they do not take the appropriate land use steps. Jonathan Uto, Housing Commission, stated he is frustrated because the people who are making these decisions don't 6of9 :;2.3 11/24/033:16 PM II II http://ash1and.or. us/PrintContent View .asp?ID= 14 70&A... represent him or his peer group. Uto expressed the value of being able to live, work, and send your children to school in the same neighborhood. Uto would like the Council to give this younger group of citizens the option and to not close the door on the issue. Councilor Laws stated they all agree that they need lower cost housing in Ashland, want more children, and would like for the people who work in Ashland to live in Ashland. But also stated he does not think that has to do with Now x2. Laws believes they have areas now that can be used to address these issues, and feels they will have a much better idea of what should be done with the UGB after the 5 years has passed. Marilyn Briggs, Planning Commission, asked if Collord would be able to provide a packet that lists the tools that are at their disposal, as well as what works in other communities that might be applied here. Briggs stated there maybe something that they could start right now, and if they know they will be able to accomplish their goal, everyone will be able to relax. Andy Dungan, Housing Commission, stated the problem is putting all the tools in the same box, and then making the commitment to do something. Dungan stated they need to work with the community and work together with the use of the land use laws. He also expressed this is mainly about keeping their options open and stressed the need to keep flexibility. David Dotterrer, Planning Commission, agreed, stating this is in no way committing themselves and does not think they should cut if off right now. Russ Chapman, Planning Commission, disagrees, and stated they should stay within the UGB and develop it to its full potential, which will take at least 5 years. At the end of those 5 years, they will still have the chance to revisit this issue. He also noted the City can not sprawl its way into affordable housing. Councilor Amarotico agrees with Chapman. Expressing he thought this project was about what Ashland would look 70f9 d,Cj 11124/033:16 PM http://ashland.or.us/PrintContentView.asp?ID=1470&A... like in 50 years. Jonathan Uto, Housing Commission, asked what the danger was of creating the option. Noting they would still have to go through the process if they decided to act. Councilor Hearn stated a potential problem is that things like this tend to gather momentum. Councilor Laws stated he did not want to give the property owners the false impression that they would be able to develop their land and make money. McLaughlin stated the main intention of this meeting was to get advice from the Council and to hear eveyones concerns. Colin Swales, Planning Commission, stated he has not heard anything tonight that is different, and does not feel that the majority vote from the previous meeting has changed. Councilor Hartzell stated there have been a number of options that have been put on the table, and feels there could be value in taking this back to the commissions. However, she suggests giving them the same options to choose from. Andy Dungan, Housing Commission, stated he would like to have this joint meeting again to discuss specifically affordable housing. McLaughlin stated this was scheduled to go the council at the next meeting, but it can be delayed if they wanted to take it to vote at the commission meetings first. Adiourn: 9:09 PM Respectfully Submitted, April Lucas, Asst. to City Recorder End of Document - Back to Top 80f9 ~5 11/24/03 3: 16 PM II City of Ashland, Oregon - Agendas And Minutes Page 1 of 11 City of Ashland, Oregon / Commissions & Committees / Planning Commission Wednesday, November 12, 2003 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 12, 2003 CALL TO ORDER Chair Russ Chapman called the meeting to order at 7:00 p.m. Commissioners Present: Russ Chapman, Chair Mike Morris Dave Dotterrer Kerry KenCairn Marilyn Briggs Colin Swales John Fields Absent Members: Ray Kistler Cameron Hanson Council Liaison: Alex Amarotico - not present High School Liaison: None SOU Liaison: None Staff Present: John McLaughlin, Director, and Community Development Bill Molnar, Senior Planner Mark Knox, Associate Planner Sue Yates, Executive Secretary NOUNCEMt:NTS Th community drop-in "chat" with Planning Commissioners and a staff person is scheduled for N ember 25, 2 03 at 4:00 p.m. in the Community Development and Engineering Services Building. There will e a study session on November 25, 2003 at 7:00 to discuss the use of a earings Officer in lieu of the City uncil hearing appeals. This will be a joint study session with the PI ning Commission, City Council and Ci Attorney. BILL STREET, 180 Mea Street, reminded the Commissi ers that he spoke at length during last month's Public Forum. He reviewed t minutes of that meeting. ere were 16 minutes of his testimony missing from the video recording of the eeting. He reviewe he audio recording and requested the Commissioners make some altera . ns to the mi es. Specifically, it refers to citing e-mails, conversations and meetings with various public 0 I "a Is, etc e wanted it to be clear that he cited specifically an e-mail eBoer. The reason it is important to reflect this in the minutes is because the e-mail came from the M The Mayor led Street and others to believe that if there appeared to be a proposal like the 0 unde eview tonight, it be brought to the Council and the Planning Commission interpretation would e applied or" terpreted before the application was actually made. McLaughlin told Street th the minutes. inutes are not verbatim. Jhe Commission can choose whether or not to revise Chapman aske " he wanted to add a sentence about the e- ail he got from the Mayor. Dotterrer said wording coul e revised to state: He cited e-mails "including 0 e from the Mayor...". Street suggested theyappr e that correction. said he also specifically asked John McLaughlin if he recalled this eeting with the Mayor, assuring and other citizens that he would bring large scale development proposals before the Council. At the http://www.ash1and.or.us/Agendas.asp?Disp1ay=Minutes&AMID= 1484&Print=True 8/9/2006 City of Ashland, Oregon - Agendas And Minutes Page 9 of 11 -; mov~ apart any distance. They were moved apart to make them non-contiguous and that's the rea's~n they managed to comply with the Conditions. There was ambiguity in the interpretation. Coun . or David Fine spent 20 minutes reading the 84 pages of findings and decided it didn't reflect the Co cil's interpretatiO(l and should therefore be sent back for editing. Swales recalls his convers 'on with Fine. Fine said, as a lawyer, if he spent 20 minutes reviewing an 84 page legal document, he uld be considered criminally neglig t. Swales explained that to rely on this interpretation of these . dings which was buried deep within it, an 0 have never had any prior discussion, either by the Coun . , Planning Commission, applicants or those i opposition, is stretching it. First he believes they ou to refer this to Council for interpretation to see w t they actually did mean. What is the actual in rpretation of 45,000 gross square footage? Everyone he ha heard has never made any mention of foo rint. That was just slipped into the 84 page document and rub er-stamped by Council. Swales contin ed. The Council construes "contiguous" to mean "touching". The app' ation contains contiguous buildi s and does not meet the original Big Box. Morris disagreed. The interpretatl n was the 45,000 squa McLaughlin said the City Attorney has stat d t Council's interpretation is the 45,000 square feet applies to footprint. It is disturbing every time we g ack to OSF. He wishes we could just evaluate the application on its merits. He believes there are two se ar e tax lots. You could have an unbuildable lot. Fields said that would be a hardship. He believes w have 'scretion. Where does it say it has to be a separate tax lot? Morris believes each lot has its own sack. Knox added that the Downtown sign Standards req . e through design to build to the lot line. Look at the historic pattern. Fields said he historic pattern is lev . When you have a grade going up over a block, it changes. It's not the same nd it requires discretion. KenCairn likes the proje and would rather see this design. She ves parking underground. It is a negative part of the si that brings some of the parking above gro d. She does not think we have criteria to drop the third bui ing. She agrees with Fields that the outdoor pu ic space is not that inviting throughout the ye , but she does not see it as an issue to deny the ap ication. / I Dotterrer agre/s with KenCairn and Briggs. He believes it meets the criteria. e likes the design and does not think it ~I overwhelm the downtown. He understands the idea about the bl box but likes the project. / Chapmar;Y{~inks it meets the criteria at the time, based on when the application was will be}n asset to the downtown. It is an efficient use of our downtown space. I / Thllmotion carried with Morris, KenCairn, Briggs, Dotterrer and Chapman voting "yes" and Swales and Relds voting "no". OTHER RECOMMENDATION TO THE COUNCIL ON NOW X 2 McLaughlin said two detailed study sessions have been held with the Planning Commission, looking at potential future growth areas. They last met with the Council and Housing Commission and heard some varying points of view. The Council asked that the Planning Commission make a formal recommendation back to them. The main areas are AD! (90 ac. off Tolman Creek Road & Siskiyou Boulevard) and AD2 (north side of E. Main, adjacent to existing UGB). Three areas have been proposed by private property owners: 15 ac. behind Mountain Meadows owned by Madeline Hill and Larry Medinger,S ac. owned by Dr. Young located near the intersection of North Mountain and 1-5, and the 440 ac. Neil Ranch near the Ashland Airport (no public access at this time). Staff has recommended not including the three privately owned pieces of property. AD! and AD2 each have merits along with concerns. Both have always functioned as open space and gateways to the community. http://www.ashland.or.us/Agendas.asp?Display= Minutes&AMID= 1484&Print=True 8/9/2006 j' I City of Ashland, Oregon - Agendas And Minutes Page 10 of 11 The East Main parcel is zoned EFU. The City may not want to add any of these as indicated by some of the straw polls taken at the previous study sessions. By looking at the community as a whole, what is most appropriate for Ashland? Should we be looking at expansions beyond our Urban Growth Boundary? There are two options. Option 1 would include one or more of the potential growth areas outlined. Or, choose Option 2 - that no potential growth areas be adopted, consider infill and increasing density in future development areas within the UGB, and review overall community form and development specific to Ashland. Dotterrer asked if this is just saying "if we decide to grow, this is the direction we would take." McLaughlin affirmed. They would have to identify a need. Swales saw in the study session minutes that Larry Medinger was pitching the Mountain Meadows area and wondered if that is a conflict of interest. Swales thought Option 2 seemed to be the overwhelming direction of those at the study session. Swales moved to recommend Option 2 to the Council. Chapman seconded the motion. KenCairn said people seem to be objecting the most to all the infill we are doing. We need affordable housing. At some point, we are going to have to grow or people are going to be less and less satisfied with the quality of life that we have. There is a real strong conflict of interest for all of us in saying yes or no. Ultimately, we will have to add land when we are filled up. Does that represent what the public wants? Chapman said a woman spoke to them at the last community drop-in about how to improve infill; add walk-through's between the intense apartment/condominium complexes and the less dense residential areas. There are some ways we could improve our infill process. He has not heard anyone talking about working our way into affordability through sprawl. Dotterrer has a problem with the motion. We are not saying this is where we are going to grow. This is only a planning decision that says "if" we decide to grow. What we are saying is let's not plan for the future. He has a problem with just saying "no". Swales said we have a UGB and plenty of unbuilt land outside the City. He thinks we need to send a message to the rest of the RVCOG that Ashland is keeping a tight UBG and we will use infill. If we find this is not adequate, we can always expand it. Dotterrer thought the whole idea behind NowX2 is that communities get together and if we are going to grow, this is where we want to go. Fields said he has incredible optimism that we will start planning county-wide. Rather than the obligation to grow being met by each town, it would be a community base and the community would be the whole Rogue Valley and Ashland might see population limits. By saying "no" maybe we can do it differently. Dotterrer is concerned we will be sending the wrong signal - the signal that we don't want to plan. He is concerned it will isolate us. The motion carried with Morris, Swales, Chapman, Briggs, Fields and KenCairn voting "yes" and Dotterrer voting "no". ADJOURNMENT - The meeting was adjourned at 10:00 p.m. End of Document - Back to Top http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID= 1484&Print=True 8/9/2006 1" I City of Ashland, Oregon - Agendas And Minutes Page I of 6 City of Ashland, Oregon / City Council Tuesday, December 02, 2003 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 2, 2003 - 7:00 p.m. Civic Center Council Chambers, 1175 E. Main Street C LL TO ORDER Ma or DeBoer called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL LL Councilor" Laws, Amarotico, Hartzell, Jackson, Morrison and Hearn were present. Councilor Hartzell requeste that item #3 be pulled from the Consent APPROVAL F MINUTES The minutes 0 the Regular Council Meeting of November 18 were approved as pres CONSENT AGEN 1. Minutes of Boa s, Commissions and Committees. 2. Liquor License a lication from Robert Day dba Apple Cellar. 3. Adoption of Findin s for Planning Action 2003-105. Councilor HartzellfJackson Is to approve Consent Agenda tems #1 & #2. Voice Vote: All AYES. Motion Passed. Councilor Hartzell asked about the al~rnative language used 0 clarify section 2.4 of the findings. City Attorney Paul Nolte stated the addition"was necessary to cl rify that any community function where there is live or amplified music or alcohol falls int~ a conditional u e category, and is therefore subject to all the conditional uses that are specified in the fi~ngs. ''\ Mayor DeBoer asked if the Military held their 0 fu ction, would this apply as well. Nolte stated if it is a military activity, there are no restrictions. Nolte \ her clarified if alcohol is served for anything other than a military event, a conditional use permit is nec s~ Councilor Hartzell suggested modifying the I nguage O~.~dition #9 to read: "Any new outdoor lighting systems installed in relation to conditional se activities...\ Councilor Hearn stated he did not reco ect alcohol as being th breaking point. Nolte stated the speakers who had addressed the Council had t made a point of this, ho ever records show that this had been brought up previously. Councilor Laws/Hearn mls 0 approve Consent Agenda item wtu, the noted clarifications. DISCUSSION: Councilor Jac son asked why they wouldn't want thelig~ng condition applied for all events, and not just the co tJitional uses. Councilor Hartzell stated they do not require this of other businesses, and would be olding the Military to a different standard than th y do the other local businesses. Nolte state that the condition was written so that if the Military nted to increase lighting for security purposes, St would not be restricting their ability to do so. Councilor artzell clarified that her modification was in ded in the motion, and stated she would not be voting in favor of the motion because she feels there wil e adverse effects on the livability of the impact zone. Voice vote: Laws, Amarotico, Jackson, Morri on, Hearn; YES. Hartzell, No. Motion Passed 5-1. http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID= I 486&Print=True 8/9/2006 City of Ashland, Oregon - Agendas And Minutes Page 2 of6 UNFINISHED BUSINESS (None) NEW AND MISCEl.LANEOUS BUSINESS 1. Confirmation of Mayor's appointment of Michael Bianca as Police Chief. Councilor Laws/Morrison m/s to confirm Mayor's appointment of Michael Voice Vote: All AYES. Motion Passed. Bianca stated he would like to see the Police Department not merely be an i titution for law and order, but also one for peace and justice; Where all the employees act with professio alism, courtesy, and compassion. Bianca thanked the Council for their faith in him, and state e is looking forward to serving the City. Mayor DeBoer noted there will be a swearing in ceremony Thursda Mayor noted his appreciation of Rick Walsh who acted as inter:' Police Chief. Walsh voiced his support for Mike Bianca as the new Police Chief. 2. Approval of Intergovernmental Agreement with e Ashland School District for School Activities Levy, 2003-2007. Mayor noted that the City was given an award at the ague of Oregon Cities for their efforts to support schools. Nolte remarked that this is the fourth agreemen , for a term of five years. He noted the Parks Commission has approved this agreement, and the School Istrict has informally approved. Nolte added the citizens of Ashland should be congratulated for their eff s. Councilor Hartzell/Morrison m/s to prove the Intergovernmental Agreement with the Ashland School District for School Activities evy, 2003-2007. DISCUSSION: Councilor Laws reminded the public that the State does not have a quate funds for schools, and noted the supplemental income tax coming up in the next election. Cou cilor Morrison noted that within the levy there is money provided for general public activities as well. V Ice Vote: All AYES. Motion Passed. SPECIAL PRESENTATIONS Mayor DeBoer recognized Ji Nagel as award recipient for the Oregon Governor's Council on Physical Fitness & Sports, Fitness L dership Award - Mayor's Certificate. ORDINANCES, RESO TIONS AND CONTRACTS 1. Reading by title nly of "A Resolution Adopting an Investment Resolution for U.S. Bank to meet the require ents of the Bank Secrecy Act. " City Recorder Bar ara Christensen stated the City does investments with US Bank, who has requested that the City assist i updating our files to comply with the Bank Secrecy Act. Councilor arn asked if this had anything to do with the Patriot Act. City Attorney Paul Nolte stated the Bank Se ecy Act existed long before the Patriot Act, and was designed initially for tracing drug dealer funds. ot only do the banks have to report this, but so do other entities that deal in large cash sums. Nolt further clarified this does not impinge on anyones civil rights and is not related to the Patriot Act. 2. Reading by title only of "A Resolution regarding the Recommendation of Future Growth Areas for the City of Ashland as part of 'NOW x 2,' the Bear Creek Valley Regional Problem Solving Process. " John McLaughlin, Director of Community Development explained the City has been involved in the 'Now x 2' planning process for several months, holding 3 formal joint study sessions, and was addressed by the Planning and Housing Commissions in the last month for formal recommendations to the Council. http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID= 1486&Print=True 8/9/2006 City of Ashland, Oregon - Agendas And Minutes Page 3 of6 McLaughlin explained 'Now x 2' is the regional planning project that is looking at what the Bear Creek Valley will look like with double the population, including where development should occur. All of the communities in the valley have been involved in looking at areas that would be most appropriate for future development. McLaughlin explained there are 4 prime areas that are being proposed for Ashland. Two have been proposed as part of the planning process and reviewed by the region, they are called Ashland 1 and Ashland 2. AD1 is approximately 90 acres located near Tolman Creek Road and Siskiyou Blvd, and AD2 is approximately 90 acres as well, located along East Main Street. Two smaller areas have been proposed by private property owners. The first, proposed by Dr. Young, is 5 acres near Interstate 5 at Mountain Avenue, and the other is 15 acres proposed by Madeline Hill and Larry Medinger, located behind Mountain Meadows and adjacent to Interstate 5. The Planning Commission has recommended by a 6-1 vote to not include any future growth areas. The Housing Commission has not made a formal recommendation. McLaughlin stated two resolutions have been presented for the Council tonight. The first lists the potential areas, and the Council could choose which one, or any combination they deemed appropriate. The second resolution states that no future growth areas will be adopted at this time. Ron Roth/69S0 Old Hwy 995/ Stated housing is a major issue in Ashland and would like for the Council to identify AD2 as a potential growth area. Roth noted the other pieces of land that have been proposed, and encouraged the Council to not take the no action alternative, and to consider the other alternatives. Madeline HiII/828 Boulder Creek Lane/ Remarked that the piece of land she is supporting has nothing to do with Mountain Meadows. Hill questioned if one of the proposed land owners offered to give their land to the City as a gift, would they be able to move forward. McLaughlin clarified that this would be handled as an amendment to the Urban Growth Boundary, which would require Council approval. Hill noted that there are viable options, and wanted to ensure that the Council was not shutting the door on this issue. Mayor DeBoer clarified that if the Council decides to move forward with the no options resolution, this does not preclude them from annexing a piece of land, noting that any City can move their UGB if they follow the proper procedures. McLaughlin added that if the City decided to modify its UGB, the regional body would be involved in the decision, not just the City of Ashland. McLaughlin added the region would have to concur on this decision, and the application process may not always be open, and the City may have to wait for this opportunity. Councilor Jackson added it makes more sense to go the other way, and identify pieces and include them in the process. Jackson stated communities are sending out initial lists and will have the opportunity during the next stages of the 'Now x 2' process to have an additional level of review. Councilor Hartzell commented on the complicated process, and asked for clarification from John McLaughlin. McLaughlin clarified that Madline Hill was asking about near term options (within the next 2 years), which would follow the same process as they have today. McLaughlin stated they are still in the initial steps of this project, and there are many more steps to take before anything becomes final. McLaughlin stated they are looking at two separate issues. One being to address immediate affordable housing needs, and other as the long term urban form of the community. Councilor Hartzell stated she does not feel they have adequately discussed the question of annexing in order to address the affordable housing needs. Hartzell inquired about the Hill Property, and asked if there is a set "buffer" from the highway located in the comp plan. McLaughlin stated there are policies dealing with buffering residential neighborhoods from noise sources, including 1-5 and the railroad. http://www.ashland.or.us/Agendas.asp?Display= Minutes&AMID= 1486&Print=True 8/9/2006 ,- I City of Ashland, Oregon - Agendas And Minutes Page 4 of6 Councilor Hartzell also asked about the streets that are stubbed out and asked about development on the other side of Bear Creek. McLaughlin stated there is land available in this area and did not want to preclude anyones opportunity, and this allowed for options for in future. Hartzell asked if there was development in this area, would it require crossing the creek. McLaughlin explained in an ideal situation Ashland would not have included the area across Bear Creek as part of the City limits of Ashland. He further clarified that they have produced the best neighborhood as they can, and stated they should not keep adding to that area and crossing the creek. McLaughlin added that the Fire Department has raised concerns over the event of a flood, and the isolation of the area. Councilor Laws stated he does not feel it makes a big difference which way they proceed with this issue, and that the outcome will eventually be the same either way. He feels it is awkward for the Council to be discussing ways to beat the system, after they have already agreed to take part in this regional program. Laws noted that many of the residents of Ashland are opposed to doubling the size of the City, and there are many cities that want to more than double the'ir sizes, and feels they should continue to develop Ashland in a conservative manner. Laws stated his preference is that they do not do anything now, to stick with what they have, and when and if the present UGB gets filled up or there are types of land that they need, to look at it again then. Councilor Morrison asked what was the time frame for this project. McLaughlin stated this is based on what the region will look like when the current population is doubled, and he cannot say exactly how long it will be before this happens. Morrison also asked if the City currently has an official policy for infill, or is it just a current practice of the City. McLaughlin explained it is a combination of all of the policies. There is no one policy that states infill in the way they are proceeding, but a main guideline they follow is "the City will maintain a compact, urban form". Annexation policies are based on need, and policies push the use of vacant land within the City limits before expanding outward. Councilor Morrison asked if it was reasonable to expect that the City will continue to grow. McLaughlin said the only thing that would change this would be a limitation of a major public facility, primarily water. Councilor Laws commented that there are several other occurrences that could halt growth, including: devising and enforcing an immigration policy, if the internal population fell into negative growth, and noted a plague or atomic war. Councilor Morrison stated he can not decide if it is a benefit or negative action to put the county on notice of where Ashland plans to expand, even if they don't intend to grow in that area immediately. McLaughlin stated that some of the results of recommending a growth area could include a high restriction placed on the land for rural use. Lot sizes will be very large or may restrict partitioning until they are brought into the City. McLaughlin noted there is currently a 10 acre minimum lot size within a mile of Ashland's UGB, so some of the protection 'Now x 2' might set is already in place, however there are other parts that may also be affected. Morrison asked if they made a decision, are they committed to annexing the defined areas into the growth boundary. McLaughlin stated he imagines that they will have the flexibility to change their mind later down the road. Morrison also asked if they do not define an area tonight, would the City be able to do so in the future without facing consequences. McLaughlin stated he does not believe this would create a significant financial impact for the City. Morrison asked McLaughlin if this has been a valuable process for the City and worth continuing to take part in this process for regional problem solving. McLaughlin stated it is very important for the City to stay a part of this process and to bring Ashland's priorities and differences to the table. Councilor Hearn stated he agrees with Councilor Laws' view of focusing on infill and a slow incremental approach. Hearn stated that he supports the Planning Commissions recommendation. Councilor Hearn/Laws m/s to support Option 2 recommending that no potential growth areas be adopted at this time, and consider infill and increasing density in the future development areas within the UGB, and review overall community form and development specific to Ashland. DISCUSSION: http://www.ashland.or.us/Agendas .asp ?Display= Minutes&AMID= 1486&Print= T rue 8/9/2006 City of Ashland, Oregon - Agendas And Minutes Page 5 of6 Laws pointed out if they identify a piece of land, it changes the value and raises the expectations of the owners of the land. Hartzell stated the City is surrendering some of its authority into this process, and suggests acting prudently so that they have some flexibility to respond to the Hill Property. Hartzell stated she is working hard at looking at affordable housing, and advocates bringing the Hill Property into this process for possible use as affordable housing. Mayor DeBoer stated there is a lot of land within Ashland that is able to be developed and noted the City is limited in resources, especially water. DeBoer stated he would not annex any land unless the City had complete ownership and could use it specifically for affordable housing. Councilor Jackson suggests bringing in the Hill and Young properties because of the owners willingness to use their properties for multi-family affordable housing. Jackson noted the importance of continuing to find land for the use of affordable housing. Councilor Laws stated it was his understanding that it would take several years (possibly 6) before the new process would go into effect, and during these 6 years the City would be able to use their present process. In the mean time, if anyone wishes to offer the City free land for affordable housing, Laws suggests that the Council considers it. Councilor Hartzell asked for further clarification on the number of years until the process is completed. McLaughlin stated it would be at least 2 years to complete the next phase, and he projects it will be several more years before the regional body and procedures are established. McLaughlin stated that through this process, they are estimating at least 10 years before looking at expanding the UGB. If the Council feels that annexing property to develop affordable housing is a high priority, they should be using a different process. Councilor Jackson stated that any property that is identified now will go through the review process including a needs analysis, and that process is going forward right now. If an area is not identified, the need will not be assest. Jackson feels it is important for the City, as a participant in this process, to be considered a real participant by identifying potential growth areas. Councilor Morrison stated it appears the Young and Hill properties are being looked to remedy immediate affordable housing needs, and does not feel they need to be identified for the 'Now x 2' project. Morrison also noted that it is imperative for the City to continue to participate in this planning process. Councilor Amarotico stated he does not feel there is any reason to expand the Urban Growth Boundary, and feels that affordable housing should be addressed within the current City limits. Roll Call Vote: Hearn, Morrison, Amarotico, Laws; YES. Hartzell, Jackson; NO. Motion Passed 4-2. SS FROM COUNC Mayor DeBoer noted there are openings on the Housing & Traffic Safety Commisso possible opening on the Budget Committee. Councilor Hartzell commented on the negative article in the I y Tidings regarding Siskiyou Blvd, and noted that the cones will be going away. Grimaldi ad he article made it seem as though the project had been halted, and clarified that this simply was he case. Grimaldi stated the City is wrapping up the project with the exception of the final lay asphalt, which will be completed in March or April. Councilor Hartzell noted that V will be down for the month of December, but before they do so they will est Interface which will air after RVTV comes back up. Councilor Jac n stated she had attended the Oregon Business Plan Committee, which is an economic committee, and encouraged citizens to visit their website: oregonbusinessplan.org http://www.ashland.or.us/Agendas.asp?Display= Minutes&AMID= 1486&Print=True 8/9/2006 City of Ashland, Oregon - Option 2 Page 1 of2 City of Ashland, Oregon / City Recorder / City Council Information / Packet Archives / Year 2003 / 12/02 / Now x2 / Option 2 Option 2 RESOLUTION NO. 2003-_ A RESOLUTION REGARDING THE RECOMMENDATION OF FUTURE GROWTH AREAS FOR THE CITY OF ASHLAND AS PART OF "NOW x 2", THE BEAR CREEK VALLEY REGIONAL PROBLEM SOLVING PROCESS. RECITALS: 1. The Greater Bear Creek Valley has been recognized by the State of Oregon as a Regional Problem Solving (RPS) area as defined and authorized by ORS 197.652, 197.654 and 197.656. 2. The jurisdictions of Jackson County, Medford, Eagle Point, Jacksonville, Central Point, Phoenix, Talent and Ashland; local agencies RVSS (Rogue Valley Sewer Services) and MWC (Medford Water Commission); and state agencies such as DLCD (Department of Land Conservation and Development), ODOT (Oregon Department of Transportation), OECDD (Oregon Economic and Community Development Department), DEQ (Department of Environmental Quality), HCS (Housing and Community Services), ODA (Oregon Department of Agriculture), and ODF (Oregon Department of Forestry) have entered into a regional land use planning process the main purpose of which is to collaboratively identify areas of Jackson County in which future growth at urban levels of density is and is not desirable or appropriate. 3. The City of Ashland adopted the Goals and Policies for "Now x 2", the Bear Creek Regional Problem Solving Process on September 3, 2003. 4. The Goals of "Now x 2" are as follows: Goal 1. Manage future regional growth for greater public good. GOClI 2. Conserve resource and open space lands for their important economic, cultural, and livability benefits. Goal 3. Recognize and emphasize the individual identity, unique features, and relative competitive advantages and disadvantages of each community within the Region. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: In recognition of the goals adopted for "Now x 2," the City of Ashland recommends that no potential growth areas be adopted for Ashland. This resolution was read by title only in accordance with Ashland Municipal Code Section 2.04.090 duly PASSED and ADOPTED this day of Barbara Christensen, City Recorder ,2003: SIGNED and APPROVED this Alan W. DeBoer, Mayor day of ,2003: Reviewed as to form: Paul Nolte, City Attorney End of Document - Back to Top http://www.ashland.or.us/Page.asp?NavID=174 7 &Print=True 8/9/2006 Rationale, Assumptions, and Constraints: The Numbers Jurisdiction: Ashland (1) EXISTING LAND USE AND POPULATION (A) Existing Acres Existing Developed Residential Acres Average Density (Units/Acre) Average pph Population Existing Developed Commercial Acres Existing Developed Industrial Acres Existing "Other" Acres (2) BUILDOUT POTENTIAL (A) Fully & Partially Vacant Buildable Lands Residential Acres Average Projected Density Average Projected pph Projected Population Commercial Acres Industrial Acres "Other" Acres (3) GROWTH AREAS (A) Total Acres of Existing Proposed Growth Areas Non-Ag Base Ag Base Final Version, June 2, 2004 CITY LIMITS UGB TOTAL % 3915 3779 2.54 2.14 20590 1240 9.75 1725 536 n/a 2.2 0 0 5565 100 4315 2.15 1240 9.75 CITY LIMITS UGB TOTAL % 435 282 5 2.15 3032 103 50 135 590 100 108 390 6 2.15 2.15 1393 4425 21 124 6 56 TOTAL I ~I % 1001 % (B) Total Acres Proposed as Urban Reserve* Total Non-Ag Base Acres Proposed as Urban Reserve Total Ag Base Acres Proposed as Urban Reserve Residential Acres Average Projected Density Average Projected pph Commercial Acres Industrial Acres "Other" Acres Total Proposed Buildout Population 0 100 0 0 0 0 0 0 0 0 0 * This may be equal to or less than 3A above ("Total Acres of Existing Proposed Growth Areas") http://www.rvcog.org/MN.asp?pg=rps_main_page Policy Committee The RPS Policy Committee generally meets at 7:30 a.m. on the first and third Tuesdays of each month. Meetings are held in the Council Chambers at the City of Central Point located at 140 S. Third Street. RPS Policy Member Responsibilities As individual members of the Policy Committee, serve as the project's advocate in the community at large and before each participating jurisdiction or agency's decision makers. Establish and/or approve project policies and processes. Review work products and recommendations from Technical Committee, and either approve or recommend adjustments. Direct the process of garnering on-going support and final plan approval of participating jurisdictions and state and local agencies. Make recommendations to RVCOG on project and budget management issues as appropriate. Direct the process of seeking funding to continue project to completion and implementation following June 2001, providing participating jurisdictions are satisfied with progress to date. Monitor the useful involvement of each jurisdiction's own citizen involvement committee. 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Jville Prop Protection Area Streets _ Airport Development _ Aggregate Resource 11II..... 0.4 0,8 _ Limited Use 'Miles CITY OF ASHLAND Council Communication Fire Station No.2 Replacement Project & Bond Proposals Meeting Date: August 15, 2006 Department: Ashland Fire & Rescue Contributing Departments: Finance, inistration Approval: Martha Benne Primary Staff Contact: Keith E. Woodley, Fire Chief E-mail: woodleyk@ashland.or.us Secondary Staff Contact: E-mail: Estimated Time: 30 minutes Statement: Staff is seeking City Council authorization to place funding measures for both the fire station project, and aerial apparatus procurement, on the November 7, 2006 general election ballot as separate measures. Peck, Smiley Ettlin Architects have prepared a program outline plan for replacement of fire station no. 2., which includes project scope and cost estimates for site preparations, building construction and fire traffic signal installation for the new fire station. Background: At the October 4,2005, City Council meeting a project time line for fire station construction was presented and approved by Council. The 2006-07 capital improvements budget includes funds for architect selection and the preparation of a program outline plan. The program outline plan will include an update of the 1995 space needs analysis and projected cost estimates for the project. During staff presentation of the 2006/07 Fire Department annual appropriation budget to the Citizens' Budget Committee, funding proposals were presented for reconstruction of fire station no. 2 and the purchase of a fire department aerial ladder apparatus. Staff proposed that both initiatives be submitted to registered voters for funding approval on the November 7, 2006, general election ballot. A Design Review Committee, comprised of local citizens, will be established to review architectural renderings and provide input to the fire station construction project architects. A public open house will be held at Fire Station No.2, to provide interested community members and neighbors with an opportunity to review the existing facilities and proposals for improvements. Staff is requesting City Council authorization to place funding measures for both fire station construction, and aerial ladder app;ratiis- procurement, on the November 7, 2006 general election ballot. Financial Impact:: If approved by the City Council, funds necessary for reconstruction of fire station no. 2 and the procurement of a fire department aerial ladder apparatus will be submitted to registered voters for approval on the November 7, 2006 general election. Cost estimates place fire station site preparation, construction, bond issuance and fire traffic signal costs at $5,500,000, and the fire department aerial apparatus at $900,000. Related City Policies: The City Council has previously identified this project as a priority for the community. r., Council Options: Council may authorize, or choose not to authorize, staff to prepare required ballot measure documents for the replacement of fire station no. 2 and the procurement of a fire department aerial ladder apparatus to be submitted to registered voters for approval on the November 7, 2006 general election ballot. Staff Recommendation: Staff recommends approval of request to prepare and submit bond measure documents for fire station no. 2 replacement and aerial ladder apparatus procurement for the November 7, 2006 general election. Potential Motions: Council motion to authorize staff to prepare and submit bond measure proposals for fire station no. 2 replacement and fire department aerial ladder apparatus procurement for the November 7, 2006 general election. Attachments: ~ Draft Preliminary Fire Station No.2 Outline Plan ~ Draft City Council Resolution ~ Draft Notices of Special Election ~ Draft Explanatory Statements r~' CITY OF ASHLAND Memo DATE: TO: FROM: REGARDING: August 15,2006 Mayor and City Council JJ+':A Lee Tuneberg, Finance Director Study Session - Fire Station #2 Financing The city is considering the need for a second fire station to replace the one located on Ashland Street for various reasons. This memo speaks to the options for financing such a construction project. Construction has been budgeted in the Capital Improvement Fund, Administrative Services Department, Municipal Buildings Division - Fire Stations. The estimate currently in the adopted budget is approximately $4.5 million, all costs inclusive, with $2.5 million in this year and the remainder being spent in FY 2007-08. Recent estimates have increased that amount to $5.5 million and the budget committee discussed the potential need of an aerial fire truck. At this time there is no significant amount of money set aside for this construction so most all of the costs (property acquisition, design, permitting, construction and related fees, contents and financing charges) would need to be included in the financing. Financing options are quite limited for building a municipal building. There are no Systems Development Charges that can be used for this and no significant operational revenue dedicated for municipal buildings in the current budget. This generally means getting electorate authorization to do a special levy for debt service over the life of the financing _ normally 20-year bonds. If authorized to do so by the public, staff recommends issuing bonds as soon as is feasible. The cost to issue general obligation bonds for Fire Station #2 would be in excess of $100,000 and would partially be paid by premiums that the tax exempt financing market enjoys. Thus, proceeds from the sale of bonds would only be reduced $50,000 to $60,000 (below the par amount of the bonds) for issue costs. The comparison table on page two includes a bond issue for the fire station and/or the truck or a lease/purchase of the truck. It is difficult to project a specific tax rate in FY 2007-08 if a $5.5 million bond issue is approved but estimates can be made. Assuming that the amount of the issue includes all costs (issuance, property, construction, design, etc.), and that a premium is received and that the ADMINISTRATIVE SERVICES DEPARTMENT Lee Tuneberg, Director Tel: 541-488-5300 20 East Main Street Fax: 541-488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us rA' conservative estimation on assessed values is achieved, then the following table and ranges may be good indicators. Annual Impact on Financing Annual Property House valued at: Rate P&I Tax Levv $300.000 $400.000 Station Bonds 4.78% $433,464 $0.1810 $54.45 $72.40 Truck (sold with Station Bonds) 4.78% $70,870 $0.0300 $9.00 $12.00 Combined Impact $0.2110 $63.45 $84.40 Truck Alone (Lease) 4.90% $86,762 $0.0390 $11.69 $15.60 The above table shows that bonds sold for the station at an average interest rate of 4.780% would result in an annual debt service requirement of $433,464 for twenty years. This would require a special levy authorizing an average of $0.1810/$1000 of assessed valuation to cover the debt service and would mean an additional property tax of $54.45 on a house assessed at $300,000. These are estimates and averages based upon the above discussion and assumptions. The actual tax rate range over the years could be $0.255 in the beginning reducing to $0.134 to meet this debt service. The 3% to 4% growth in total assessed value is conservative. Our past experience has been 4% to 7% with 5% in recent years. Assessed value growth above 4% will require a smaller tax rate to generate the needed amount for debt service. This approach is consistent with most general obligation bond issues. Similar information is provided for the fire truck with a potential property tax rate range of $0.042 to $0.022 resulting in an average rate of $0.030 if financed along with the fire station' bond issue to save on issuance costs. The combined impact for the two financings is $0.2110/$1000 of valuation. If only the truck is approved by the voters a lease purchase program for 15 years is more beneficial in the long run than 20 year bonds (by itself) and the impact is shown in the last line of the table. This table is provided to give Council an idea of what may happen and to provide information for general discussion and preliminary decision making. The table includes rates higher than today's market but the actual rate would not be known until the day of a bond sale. The impact on an Ashland piece of property will vary based upon the above and growth of total taxable assessed value. It is likely that the amount for debt service will result in a smaller rate each year over the life of the debt as total assessed value grows, all other things remaining constant. ADMINISTRATIVE SERVICES DEPARTMENT Lee Tuneberg, Director Tel: 541-488-5300 20 East Main Street Fax: 541-488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us r., + ~~ .n gjll; ~; ~- ~~ ~~ .0 m g-l ~-l ~~ ~z " 0 o Z' ~ n ~:r ~ -. ~~ ~~ o ~ e- ~ ~ ~ tv> ." n ~III __ 5: g: :::0 -; ~~i m -< ~~ V) 0 g~." -;)> - V) OI Z> ~Z "'0 (J) - -f m "tI i" )> Z " m .. m -l m '" -< II ~ II ' (/) () )> r rn w CO! '" CO! II II ASHLAND ST. ~ ~ ~ o am >'" 7'<", ~.~ + t~ ~m <" ~i'" ~; ~- .' gm ~-< ." m g-< ~-< ~, . - ~z ~ ~ ~ n ~:. .- :. . ~n ~: ~ ..)> ~ ~ '" 0 c ~ ~_a.. ~!? o~ ",,,, o ~ I\) ~ C. ." r o o :;0 w"'C ~r ~)> :-nZ ~ tA ... ." r o o :;0 "'C r )> Z 0 -0> <0 "" 0 :-n @ CJ) 0 () :P r IT1 '" OJ ~ "! q w "l "Tl() ~~ VlO -i"Tl ~~ - Vl OI z> =l:t::Z IVO ~:Iij ;"~ ~I~ L4-J :"~i) '8' ~:I~ ~ c;oZ : ~n ::IB~ , m 1--- OOL--'J ~ L~ ,- [ttaaf -- ~ ~ ~I 8' ~-=~~~ I ~ I.~!;;;:':'~: ; ___-.J L_ '. [aDHU C ~~ ~. .8~==~ i~- ~~~i. I, -.J L ___ w ~ c ~ " I I I ~ c,J - - ~~~ - - r ___-.J r - -- :1 L._ ~~ Q[]~' I[ :~ UJ' ,I I g;m ~ I : ___~ L__ ! Di'!~ ~j~ ,:1':( D :~!~ ~ 'I:u~ City of Ashland Fire Station No.2 PECK SMilEY ETTlIN+ o rchi tee t s July 26, 2006 Page 1 of 2 Area Dimens. IDescriPtion Qty. S.F. per/ 1 Fire Apparatus and Support Apparatus Bay, 9 Apparatus 9 600 5400 14.67x40 Hose Storage 1 136 136 10.5x13 Shop 1 121 121 9.3x13 Oxygen Cascade & Ice Machine 1 106 106 8.2x13 Communications Room (Telephone, Radios, tapout, etc.) 1 68 68 6.2x11 EMS/Decontamination Room 1 91 91 12x9 Medical Supply 1 149 149 11x15 Electrical Room 1 66 66 8.5x8 MOP, Sub-panels Supply Room 1 113 113 8.6x10 Outdoor Storage 1 129 129 17.3x7.5 SUPPORT SPACES Janitor's Closet 1 40 40 8x5 Toilet Rooms 1 62 62 8x8 Share staff toilet SUB-TOTAL 6481 PLUS CIRCULATION @ 30% 1840 ISTAFF AND SPACE TOTAL, APPARATUS AREA 8321 ] SF ADJACENCIES: REMARKS: Peck Smiley Ettlin Architects 4412 SW Corbett Portland, OR 97239 (503) 248-9170 Page 2 of 2 Area Dimens. IDescriPtion Qty. S.F. per/ I Fire Administration and Living Crew Room (Dayroom/Lounge) 1 391 391 18.7x21 Dormitories, Double 4 159 636 13.3x12 Dormitories, Single 1 158 158 13.2x12 Fitness/Conditioning Room 1 450 450 30.3x20.6 Men's Toilet/Shower 1 294 294 16.6x20 Women's Toilet/Shower 1 185 185 9x20.7 House Laundry 1 59 59 6.7x9 Station Office 1 107 107 12.3x9.8 CERT Office 1 162 162 12.2x18 Report Writing Office 1 156 156 12.3x15.3 Work 1 80 80 8x10 General Storage 1 187 187 11.3x16.6 Kitchen 1 264 264 17.6x18.7 Dining Room 1 222 222 14x18.7 Training/Meeting Room 1 553 553 25.8 x 24 Storage 1 112 112 18x6.1 Entry 1 296 296 26x15 Public Restroom 2 48 96 7.7x6.3 Elevator Equipment 1 37 37 5.7x6.5 SUPPORT SPACES Janitor's Closet 1 60 60 6 x 10 Include Patio cover in costs at 50% SUB-TOTAL 4,505 PLUS CIRCULATION @ 30% 1,290 ISTAFF AND SPACE TOTAL, LIVING QUARTERS 5,795 ] SF TOTALS 14,116 SF REMARKS: All areas to meet ADA accessibilty requirements. Peck Smiley Etdin Architects 4412 SW Corbett Portland, OR 97239 (503) 248-9110 RESOLUTION NO. A RESOLUTION OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, CALLING A SPECIAL ELECTION TO SUBMIT TO THE VOTERS TWO FUNDING INITIATIVES FOR CONTRACTING GENERAL OBLIGATION BONDED INDEBTEDNESS FOR REPLACEMENT OF FIRE STATION NO.2 IN THE AMOUNT OF $5,500,000, AND PROCUREMENT OF A FIRE DEPARTMENT AERIAL LADDER TRUCK, IN THE AMOUNT OF $900,000. RECITALS: A. The City Council of the City of Ashland, Jackson County, Oregon (the "City") has determined that there is a need to finance the cost of capital construction and improvements related to the replacement of Ashland Fire Station No.2; and procurement of a fire department aerial ladder truck. B. Costs are estimated to be $5,500,000 for capital fire station construction and $900,000 for fire department aerial ladder procurement, including costs of issuing bonds; now, therefore, THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. A special election is called for the purpose of submitting to the qualified voters of the City the questions of contracting a general obligation bonded indebtedness in the name of the City in a sum not to exceed $6,400,000. Bond proceeds will be used to finance the Fire Station NO.2 Project and Fire Department Aerial Ladder Truck Procurement. The bonds shall mature over a period of not more than 20 years. SECTION 2. The special election called shall be held in the City on November 7, 2006, in accordance with Oregon law. SECTION 3. The City Recorder shall cause to be delivered to the Elections Officer of Jackson County, Oregon, the attached Notice of Bond Election, not later than 61 days prior to the election. The Election Officer is requested to give the electorate of the City notice that the election shall be conducted by mail pursuant to Oregon law; and SECTION 4. The City Recorder shall give notice of the election as provided in the laws of the State of Oregon and the charter and ordinances of the City of Ashland. SECTION 5. The City Attorney is authorized to alter the test of the ballot to comply with any rules, procedures or practices of the Elections Officer of Jackson County to implement the requirements of Oregon law. The foregoing resolution was READ and DULY ADOPTED at a continued regular meeting of the City Council of the City of Ashland on August 15, 2006. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2006. John W. Morrison, Mayor NOTICE OF SPECIAL ELECTION CITY OF ASHLAND JACKSON COUNTY, OREGON NOTICE IS HEREBY GIVEN that on Tuesday, November 7,2006, a measure election will be held by the City of Ashland, Jackson County, Oregon, and that such election shall be conducted by mail pursuant to Oregon law. The following shall be the ballot title of the measure to be submitted to the city's voters on this date: CAPTION: "GENERAL OBLIGATION BOND AUTHORIZATION FOR PUBLIC FIRE STATION CONSTRUCTION." QUESTION: Shall the City be authorized to issue general obligation bonds in an amount not to exceed $5,500,000? If the bonds are approved, they will be payable from taxes on property or property ownership that are not subject to limits of sections 11 and 11 b, Article XI, of the Oregon Constitution. SUMMARY: This measure authorizes up to $5,500,000 of general obligation bonds. Bond proceeds will be used to finance the cost of capital construction and improvements related to land acquisition, construction, furniture, and equipment, associated with the replacement of the City's Fire Station No.2. The bonds would mature within 20 years. The following authorized city official hereby certifies the above ballot title is true and complete, which includes completion of the ballot title challenge process. Signature of authorized city official Date signed Printed name of authorized city official Title NOTICE OF SPECIAL ELECTION CITY OF ASHLAND JACKSON COUNTY, OREGON NOTICE IS HEREBY GIVEN that on Tuesday, November 7,2006, a measure election will be held by the City of Ashland, Jackson County, Oregon, and that such election shall be conducted by mail pursuant to Oregon law. The following shall be the ballot title of the measure to be submitted to the city's voters on this date: CAPTION: "GENERAL OBLIGATION BOND AUTHORIZATION FOR FIRE DEPARTMENT AERIAL LADDER TRUCK PROCUREMENT." QUESTION: . Shall the City be authorized to issue general obligation bonds in an amount not to exceed $900,000? If the bonds are approved, they will be payable from taxes on property or property ownership that are not subject to limits of sections 11 and 11 b, Article XI, of the Oregon Constitution. SUMMARY: This measure authorizes up to $900,000 of general obligation bonds. Bond proceeds will be used to finance the cost of capital construction and improvements related to land acquisition, construction, furniture, and equipment, associated with the replacement of the City's Fire Station No.2. The bonds would mature within 20 years. The following authorized city official hereby certifies the above ballot title is true and complete, which includes completion of the ballot title challenge process. Signature of authorized city official Date signed Printed name of authorized city official Title EXPLANATORY STATEMENT FOR COUNTY VOTERS' PAMPHLET Name of Person Responsible for Content: Michael Franell. Ashland City Attorney Name of Organization Person Represents, if any: City of Ashland Ballot Title Caption: General Obliqation Bond Authorization for Aerial Ladder Truck Procurement Measure Number: This measure will authorize the city to issue general obligation bonds for the procurement of an aerial ladder truck for the fire department. During the August 2005 fire protection services review by the Insurance Services Office (ISO), the City of Ashland received deficiency points toward our community fire protection services rating because the fire department emergency vehicle fleet did not include an aerial apparatus (elevating platform or aerial ladder). ISO establishes fire protection ratings for communities which are used by insurance companies to set insurance premium schedules with our community. The purpose of an aerial apparatus is to improve the fire department's ability to rescue trapped victims in upper stories of buildings and to confine fires from breeching roof structures and spreading to adjacent buildings. This often results from exposure to radiant heat and burning embers that can propagate fire from roof top to roof top. The fire protection risk factors considered here are driven by square footage of roof area, as well as building height and type of construction. These critical factors are present in many residential buildings as well as commercial businesses throughout our community. Presently, the maximum vertical height reachable by the fire department is 30 feet. Although some lower roofs could be reached by firefighters working from fire department ground ladders, attempting to control serious interior commercial building fires by placing firefighters on the roof of the building is a major contributing cause of firefighter fatalities within the U.S. on an annual basis. Often fires burning within concealed spaces in attic areas quickly render roof surfaces unsafe to access by firefighters attempting to confine and control building fires in the community. Wildfires burning in the higher elevations of the City can cause burning embers to settle upon and ignite rooftops throughout lower elevations within the community which are difficult or impossible for fighters to quickly reach and control with their present equipment. A survey of the nine Oregon cities comparable to the City of Ashland in terms of population revealed that the City of Ashland was the only community that did not possess aerial ladder capability within its fire department. During the annual review of the 2006/07 proposed budget for the fire department, the Citizen's Budget Committee voted to place this funding measure of $900,000 before the registered voters of the City of Ashland for consideration. The projected life span of this equipment is estimated at 20 years. Word Count Total: 471 The Total Word Count Cannot Exceed 500 Words Signature of Person Responsible for the Content of the Explanatory Statement Date EXPLANATORY STATEMENT FOR COUNTY VOTERS' PAMPHLET Name of Person Responsible for Content: Michael Franell. Ashland City Attorney Name of Organization Person Represents, if any: City of Ashland Ballot Title Caption: General ObliQation Bond Authorization for Public Fire Station Replacement Measure Number: This measure will authorize the city to issue general obligation bonds for the replacement of the City's Fire Station No.2, which is located at 1860 Ashland St. The current building no longer meets minimum requirements for housing fire engines and ambulances. Space for public instruction is inadequate and the building design poses serious health and safety risks for employees. Emergency vehicles must be parked outside due to insufficient space inside. Ground water seeps into storage areas. Building access does not meet the needs of the elderly and handicapped. Storage for ambulance supplies is inadequate. The building electrical system is antiquated and subject to circuit overloads. Storage space for firefighting equipment is inadequate. Automotive exhaust seeps into office and dormitory areas. Compressed air bottle refilling functions cannot be segregated from work areas for employee safety. Firefighting clothing is subject to contamination from diesel fumes. There is no provision for infectious disease control and decontamination of medical equipment. Access to Ashland Street is dangerous for emergency vehicles due to the absence of a fire traffic signal installation. The new fire station will be reconstructed in the general area of the existing station, which constitutes the best site as determined by an in-depth study of response time statistics for emergency services. Additional land necessary for reconstruction of the new facility will be obtained through acquisition of the Sherwood Street right-af-way and adjacent park land. The department presently provides emergency services to 97% of Ashland's population in 4 minutes and to 3% of the remaining population in 5 minutes, from the existing fire station sites. The current location has proven its ability to provide excellent emergency vehicle access to commercial corridors east/west and north/south, without responding through residential and other high safety risk areas of the city. The new design will allow emergency vehicles to exit the station onto Ashland Street through a fire traffic signal and will enhance vehicle and pedestrian safety. Since 1965, when the Ashland Fire Department moved into the fire station located at 1860 Ashland Street, the community has increased the number of emergency response personnel from 6 to 33, the number of emergency vehicles from 4 to 16 and calls for service from 200 to 3,500 annually. The proposed building footprint is the minimum area necessary to provide storage, garaging and work space to support the service expectations of the community. The new fire station will meet all safety and health requirements and operational needs of the Fire Department. The design encompasses approximately 14,116 sq. ft. and is estimated to cost $5,500,000. Word Count Total: 492 The Total Word Count Cannot Exceed 500 Words Signature of Person Responsible for the Content of the Explanatory Statement Date . t~ ;::)m ~(") 8^ '" ""VI ~~ :to <- m :"r- ~m ~-< Z .0 m ~-t l!l-t ~r- "'- ... ~z ." :I: Q ~.. !'!In ~::r ~ -. ~.. '1"fD '" :::; n 0.. ~~ ~ ~ ~ "" 6 ~ w 0 (J) () )> r ..... f1:1 "J ..... II (..) 0 (..) ~ q N)> "'T1 n i~ ~ -~ -<:I m N~o. 8!? V) 0 o.lll -I g)>"'T1 ~~ OJ: Z!; ~Z ~C en - -I m -C - r- )> Z @ m q (") m 3: m -t m 3! / / / / / / II / / \ 1\ 1\ \~ "- 1\ I ~ I \ \~ I I I I II : : I I I I I I I I I I I I I I I I I I II \ \ \ \ \ \ \ "- '" "- "'- II ASHLAND ST. 153'-0. 0> ~ i~ ~~ ~O C5~ z "- "'- -.......,~ --.: '- -""':""':'" '-... ---- - ~-b, o. /' ---- ,/ / / / / / / / II \ \ \ \ '" "- "'- "'- 23'-0. '-... "'- '-... "- "'- \ '" \ \ \ \ \ I I I I I I I I I ------ "'- I '-... 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" '" ""- "- " "",,-\ ""'\ \ \\ \ --~----------- " \1 --------, " '" '" --~----------- "- " " "",,-\ ""'\ I "",,- ""- \1\ "- \1 \ "" "\ I \ ""- ""'\ I - -----" \\ "'"", \1\ - - ~ - - - ---- ---- "- \1 \ ",,~\ I ""'\ I \~ \ 1\ \1 \ \ I \ I \ I \1 ---------............. --------............. (J) ~"I~ ." "U -~ ,... ~ -< [ I I > I :g_ __ ~~-- ;~ - - - - -- - - - - " "PUll "l? ~~ ~ _ _ _ _ _ _ " " to> _....I __ -- ,- -- "PUll c{? L ~ ~= ~- _J _ _ ---- ,- -- I PITlI l[? L~~- to> _....I __ City of Ashland Fire Station No.2 PECK SMILEY ETTLlN+ architects July 26, 2006 Page 1 of 2 Area Dimens. IDescriPtion Qty, S.F. perl I Fire Apparatus and Support Apparatus Bay, 9 Apparatus 9 600 5400 14.67x40 Hose Storage 1 136 136 10.5>x13 Shop 1 121 121 9.3x13 Oxygen Cascade & Ice Machine 1 106 106 8.2x13 Communications Room (Telephone, Radios, tapout, etc.) 1 68 68 6.2x11 EMS/Decontamination Room 1 91 91 12x9 Medical Supply 1 149 149 11x'15 Electrical Room 1 66 66 8.5x8 MOP, Sub-panels Supply Room 1 113 113 8.6x10 Outdoor Storage 1 129 129 17.:1x7.5 SUPPORT SPACES Janitor's Closet 1 40 40 8x5 Toilet Rooms 1 62 62 8xB Share staff toilet SUB-TOTAL 6481 PLUS CIRCULATION @ 30% 1840 [STAFF AND SPACE TOTAL, APPARATUS AREA 8321 ~ SF ADJACENCIES: REMARKS: Peck Smiley Ettlin Architects 4412 SW Corbett Portland, OR 97239 (503) 248.9170 Page 2 of 2 Area Dimens. IDescriPtion Qty. S.F. perl I Fire Administration and Living Crew Room (Dayroom/Lounge) 1 391 391 18.7><21 Dormitories, Double 4 159 636 13.3x12 Dormitories, Single 1 158 158 13.2x12 Fitness/Conditioning Room 1 450 450 30.3><20.6 Men's ToileUShower 1 294 294 16.6><20 Women's ToileUShower 1 185 185 9><20.7 House Laundry 1 59 59 6.7x9 Station Office 1 107 107 12.3x9.8 CERT Office 1 162 162 12.2x18 Report Writing Office 1 156 156 12.3,x15.3 Work 1 80 80 8x10 General Storage 1 187 187 11.3x16.6 Kitchen 1 264 264 17.Eix18.7 Dining Room 1 222 222 14x'18.7 Training/Meeting Room 1 553 553 25.8 x 24 Storage 1 112 112 18x6.1 Entry 1 296 296 26x15 Public Restroom 2 48 96 7.7>:6.3 Elevator Equipment 1 37 37 5.7x6.5 SUPPORT SPACES Janitor's Closet 1 60 60 6 x 10 Include Patio cover in costs at 50% SUB.TOTAL 4,505 PLUS CIRCULATION @30% 1,290 rSTAFF AND SPACE TOTAL, LIVING QUARTERS 5,795 ~ SF TOTALS 14,116 SF REMARKS: All areas to meet ADA accessibilty requirements. Peck Smiley Etdin Architects 4412 SW Corbett Portland, OR 97239 (503) 248-9170 CITY OF ASHLAND PECK SMILEY ETTLIN+ FIRE STATION NO.2 ASHLAND ROAD AND SHERWOOD AVENUE architects PSE PROJECT NO. 2609 PRELIMINARY ESTIMATE OF PROBABLE FIRE STATION 1ST 4,025 4 AUGUST 2006 COST OF CONSTRUCTION FIRE STATION 2ND 3.418 APPARATUS BAY 6,672 BOND STUDY AND BUDGET ANALYSIS TOTAL AREA: 14,115 CSI ITEM QTY. UNIT$ COST 01000 GENERAL SETUP 1 LS $5,000.00 $5,000 SUPERVISION 2,080 HRS 50.00 104,000 GENERAL LABOR 2,080 HRS 35.00 72,800 MISC. EQUIPMENT RENTALS, SMALL TOOLS 1 LS 30,000.00 30,000 BOND 3,000,000 LS 0.02 60,000 CLEANING(FINAL) 3,000 TOILETS 1,200 TELEPHONE 720 TEMPORARY POWER 4,000 SIGN 1 EA 600.00 600 SUB-TOTAL, GENERAL 281,320 02000 SITEWORK DEMOLITION (EXIST. STATION) (BY CITY) 42,690 CF 0.00 0 EXCAVATION (REGRADE SITE) 4,408 CY 24.00 105,792 ENGINEERED FILL 491 CY 24.00 11,784 SITE PREPARATION 60,830 SF 0.10 6,083 ASPHALT PAVING (ON SITE) 24,330 SF 3.00 72,990 CONCRETE APRONS 6,793 SF 5.59 37,973 SITE LIGHTING 7 EA 2,500.00 17,500 STORM DRAINS, PIPING 1 LS 40,000.00 40,000 SANITARY SEWER 318 LF 66.00 20,988 WATER SYSTEM 1 LS 20,000.00 20,000 SIDEWALKS 2,957 LS 4.50 13,307 CURBS 1,484 LF 12.00 17,808 GARB. ENCL. 1 LS 8,000.00 8,000 LANDSCAPING (BUDGET) 13,206 SF 3.25 42,920 SCAFFOLDING 12,000 SF 1.58 18,960 SUB-TOTAL, SITE WORK: 434,104 03000 FOOTINGS 101 CY 300.00 30,300 4"SLAB 5,048 SF 4.75 23,978 6"SLAB 5,576 SF 6.00 33,456 ELEVATED SLAB 3,436 SF 10.00 34,360 05000 STRUCTURAL STEEL 1 LS 42,950.00 42,950 BAR JOISTS 1 LS 36,200.00 36,200 STEEL STAIRS 46 RSR 638.00 29,348 MISC. STEEL 1 LS 24,000.00 24,000 06000 WALLS & STRUCTURE WALL TYPE W-1 EXT. VENEER MSNRY. 6,510 SF 35.00 227,850 WALL TYPE W-2 EXT. CEM. STUCCO 2,170 SF 40.00 86,800 WALL TYPE W-2 INT. 932 LF 60.00 55,920 ROOF STRUCTURE R-1 10,697 SF 7.44 79,586 FINISH CARPENTRY 9,500 LS 1.00 9,500 FRAMING CONNECTORS 6,500 LS 1.00 6,500 PECK SMILEY ETTLlN ARCHITECTS, INC. 4412 SW CORBETT PORTLAND, OR 97239 503.248.9170 503.248.0223 FAX 16000 ELECTRICAL POWER, LIGHTS 14,115 SF 16.00 225,840 STANDBY POWER SYSTEM 100 I<W 1 LS 40,000.00 40,000 CAT 5 WIRING 14,115 SF 1.00 14,115 PA SOUND SYSTEM 1 LS 4,250.00 4,250 TOTAL $2,610,295 CONTRACTOR'S OH&P 10% $261,030 ARCHITECT'S ESTIMATING CONTINGENCY 10% $261,030 LOCATION ADJUSTMENT 4.4% $112,243 BID TOTAL $3,132,354 SF PRICE = $221.92 SF PRICE, SHELL ONLY = $191.16 ALTERNATE BID ITEMS: 1 ADD TRAINING TOWER 1 SUM 650,000.00 $650,000 ADDITIONAL PROJECT BUDGET COSTS: TRAFFIC SIGNAL AT ASHLAND ROAD 250,000 PLANNING FEES 18,472 PLAN CHECK AND BUILDING PERMITS 34,456 WATER SYST. DEV. CHARGES (NET F.U.'S) 73 150.00 10,950 SAN.SEWER SYST. DEV. CHGS. (NET F.U.'S) 73 110.00 8,030 STORM DRAIN FEE 0.1689 29,000.00 4,898 UTILITY CONNECTION FEES 1 16,000.00 16,000 CITY SURCHARGES 0.0185 3,132,354.06 57,949 SUB-TOTAL $400,755 BUILDING TOTAL $3,132,354 TOTAL PROJECT COSTS $3,533,100 BUDGET ITEMS (BY CITY): BOND COSTS 115,000 LEED SILVER CERTIFICATION 40,000 LAND ACQUISITION COSTS 5,000 CONSTRUCTION CONTINGENCEY @ 8% MIN. 250,588 AlE FEES (INCLDS CIVIL, LANDSCP, INTERIORS) 280,995 CONSTRUCTION MANAGEMENT FEES 20,000 SITE SPECIFIC SOILS ANALYSIS, SURVEY 16,000 DEMOLITION (EXIST. STATION) 42,690 CF 2.00 85,380 TEMP. LIVING QUARTERS 3500 12.00 42,000 MOVING COSTS 25,000 LOCAL UTILITY CONNECTION FEES 15,000 TELEPHONE WIRING, SYSTEM, INTERCOM 30,000 MOTOROLA,ANTENNAE 75,000 SPECIAL INSPECTIONS 25,000 FURNISHINGS AND EQUIPMENT (BUDGET) 75,000 INFLATION FOR 2007 CONSTRUCTION START 6.14% 216,932 SUB-TOTAL $1,316,896 TRAINING TOWER COSTS $650,000 PROJECT COSTS $3,533,100 PECK SMILEY ETTLlN ARCHITECTS, INC. 4412 SW CORBETT PORTLAND, OR 97239 503.248.9170 503.248.0223 FAX Council Communication LEED Recommendation for the Proposed Fire Station No 2 Meeting Date: August 15,2006 Department: Electric Contributing Depart. N/ A p~ I Approval: Martha Benny", Primary Staff Contact: Dick Wanderscheid, 552-2061 wandersd@ashland.or.us Secondary Staff Contact: Keith Woodley woodl eyk@ashland.or.us Estimated Time: 20 minutes Statement: The Conservation Commission is forwarding a recommendation to the City Council that the City build the proposed new Fire Station No 2 to LEED Silver Standards. Staff Recommendation: The Council direct staffs to design, build, and certify the proposed Fire Station No 2 to LEED Silver standards. The process should be evaluated to determine if future city projects should also be constructed under the LEED program. Background: The City's Conservation Commission has been studying the Leadership in Energy and Environmental Design (LEED) program for nearly 2 years. Because the City is proposing to get voter approval and ultimately build a new Fire Station, the Commission's discussions over the last 3 months have focused on the LEED program as it might apply to the construction of this new city facility. At the July 26, 2006 meeting the Commission unanimously made the following recommendation: "The Ashland Conservation Commission recommends that the City design, build & certify the new Fire Station No 2 building to at least LEED Silver standards and that we meet the additional requirements for a State Tax Credit for design assistance funding, as per the sustainable building tax credit. The commission believes that in the interest of making the LEED project successful and less expensive, LEED requirements need to be integrated at the very beginning of the design process. Further, the City should utilize this project to evaluate the LEED process and program to see if future City facilities should be constructed to these same LEED standards. " The Commission's end goal in their entire discussions were to emphasis their desire to ensure that this proposed new city facility be constructed as sustainable or 'green' as feasible. The Commission's memo to the Council that was prepared subsequent to the July meeting, attempts to summarize their thinking and reasoning that led to the recommendation. There are 1 also 3 staff memos that were prepared for the Commission that assisted them in making this recommendation, and are attached to this communication as helpful background information. The City has contacted the Architect for the Fire station to get their input on the cost of building and certifying the building to LEED Silver standards. They have estimated this cost to be about $150,000 of additional expense. The State of Oregon Credit for Sustainable Buildings tax credit for a LEED Silver certified build would be $1 O/sq ft for the first 10,000 sq. ft. and $5/sq. ft. for the next 40,000 sq ft. The proposed Fire Station No 2 is estimated to be 14,115 square feet in size. Therefore, the eligible project costs for the tax credit for this building if certified to silver standards would be $120,515. Since the Business Energy tax credit allows a 25.5% tax credit pass through to municipal facilities, $30,747 could be recovered by taking advantage of the sustainable building tax credit. This payment would occur after the building was certified following construction. Net cost is estimated to be approximately $119,000. Related City Policies: The Valdez Principles and the City's Conservation element of the Comprehensive plan support the building of resource efficient structures. Council Options: 1) Build the Fire station as 'green' as possible by relying on the expertise of the hired design team and existing staff expertise. 2) Build the Fire station to LEED standards, but don't actually certify the building and incur the costs to verify and certify the building. 3) Build and certify the building to LEED Silver standards and analyze the costs and benefits of the programs to guide future city construction projects. Potential Motions: Move to direct staff to construct the proposed Fire Station No 2 as a 'green' building. Move to direct staff to construct the proposed fire station No 2 to LEED silver standards. Move to direct staff to construct and certify the proposed fire station No 2 to LEED Silver standards. Attachments: 6/20/06 memo from Cathy Cartmill to the Conservation Commission 6/23/06 memo from Dick Wanderscheid to the Conservation Commission 7/26/06 memo from Dick Wanderscheid to the Conservation Commission 8/15/06 memo from the Conservation Commission to the Mayor & City Council 2 Memo TO: Dick Wanderscheid FROM: Cathy Cartmill RE: Interviews with LEED project participants DATE: 6-20-06 I spoke with individuals that were involved with 4 different LEED projects. Below are summaries of our conversations as well as general information about each project. Hillsdale Library (June Mikkelsen at 503-988-3644): Hillsdale Library was the first Multnomah County building to receive a LEED (Gold) certification in 2004, after the county commissioners passed an ordinance requiring that all of their new facilities be LEED certified. Previous to this" three buildings had been built using LEED measures but were not actually certified. June thought that the certification added roughly 4% to the project cost but feels that the extra cost will eventually be offset by the energy savings realized. She said that the first time building to LEED standards definitely has a very large "learning curve" and stressed the importance of hiring someone (like Green Building Council) to help manage the project if an organization didn't have someone that was very familiar with the requirements. Building LEED added extra time to complete the project and she said it's critical to pay attention to and be able to document that the measures were actually done. She also stressed the importance of starting out with more than the required number of points, because some may end up not being completed. They were able to earn an extra point for educating the public about the program, which was easy to do in the library. She thinks some of the LEED measures (like the indoor air quality) are important to have in public buildings. She believes that the building has to be re-certified every few years but didn't know what that will entail. Hillsboro Civic Center (Marion Hemphill, Capital Planning and Development Director at 503- 681-6406): This project, a 168,000 square foot consolidation of city offices, received LEED Gold certification in 2005, after aiming for LEED silver. Overall savings are projected to be more than 38% water reduction and 42% energy savings. Electric Dept. Conservation Division 51 Winburn Way Ashland, Oregon 97520 www.ashland.or.us 541-552-2063 Fax: 541-552-2050 TTY: 800-735-2900 r~' According to Marion, LEED was "absolutely a great experience as far as learning about what sustainability is all about." However, he felt that "LEED doesn't always LEAD" (he thinks the USBC relies on some standards that aren't state ofthe art). The example he used was that LEED requires that indoor air quality be done with the use of static MER V 13 filters. Their project used even more efficient dynamic electrostatic filtration with UV-light, but didn't receive any credit since it wasn't on LEED's list of approved measures. He said that it's really good to have LEED folks involved on the general construction team so they can make sure everything gets done and gets done correctly. He stressed that this was crucial, because without it, some measures wouldn't have gotten done. He said the cost of documenting everything is extremely high and estimated that the premium to build to LEED was about 11 % (including the hardware and the certification documentation process). His opinion is that LEED is a nice "symbol" and may be important to elected officials, but their staff is going to ask their council on July 18 if they can just go for PGE's Earth Advantage label for the upcoming projects including a fire station, a 72,000 square foot library, and a parks building. (The Civic Center also received the Earth Advantage commercial program certification in addition to LEED). PGE did free modeling for them for the LEED program. City of Phoenix Fire Station 50 (Kenny Leake at 602-534-5023): This project was their first (and only) LEED project, and Kenny said it was a good learning experience and "absolutely a good thing." It was more expensive than traditional construction, but not as much as for many projects since they had already incorporated many green and sustainable building practices in their buildings. Phoenix has 15 new fire stations to build in 5 years, and they wanted to try some alternative building shells. Before this LEED project, one ofthe stations was built using Rastra (produced from recycled, post consumer plastics such as expanded polystyrene, and mixed with cement.). This product has good insulating properties so was good to use in their cooling-dominated climate. They were able to track energy costs for a year after the station with a Rastra shell was competed and documented a 50% direct energy savings in cooling costs. They wanted to use the material again for Station 50 (going for LEED), but found that they didn't earn many points for it since LEED bases points on weighted value of materials, and Rastra is very lightweight. However, he said using it did help earn them the ASHRAE energy value that they needed for LEED. Their fire stations already used seamless metal roofs so it was not difficult to switch to recycled aluminum roofing, and because they always used flooring typically found in gyms, they were able to earn points for using a material made of recycled tires. They closely tracked incremental cost differences between traditional and recycled materials and figures that 3-4% ofthe total project value was attributed to LEED requirements. They currently have 6 fire stations being built now and all of them have green features but will not be LEED certified. One thing they learned by doing one LEED project was that recycling their construction waste did, in fact, cost less than sending it to the landfills so they continue to do this. Electric Dept. Conservation Division 51 Winburn Way Ashland, Oregon 97520 www.ashland.or.us 541-552-2063 Fax: 541-552-2050 TTY: 800-735-2900 r.l' It is his opinion that because public monies are difficult to obtain, it's hard to justify using them for processes like verification when they could be used for the actual measures that will benefit the taxpayers. He said one example of this is that when they were close to the end, they were short on points so purchased green wind power generated in another state which did not directly benefit their constituents. One weakness that he felt the LEED program has is that is doesn't take into account regional differences (in climate, amount of rainfall, etc.). Documentation of measures takes a lot of time and he said they had to write at least 25 letters proving that things were done, or that they had ongoing plans to continue some of the measures (like landscaping) to retain their LEED certification. Marion County Courthouse Square (Bonnie McCullough at 503-588-5169 x 5920): Courthouse Square, a 153,293 square foot building located in Salem earned a LEED Bronze rating in 2000 the pilot program. Bonnie is a staunch supporter ofLEED because she feels it's an excellent way to make sure that a building meets all aspects of green building under the program. If a project doesn't have an actual LEED certification, then you can't really say that it's a green and sustainable project, because it probably lacks some elements. She says that there have been some major improvements in the LEED program since they participated in the pilot. When the Courthouse was built, some ofthe required measures didn't make sense, and the documentation process has been dramatically streamlined and made easier since then. Since the Courthouse was completed, a juvenile facility has been built, but the county decided not to do LEED because of the cost. (However, she noted that part of the reason the first project cost so much was that it was decided to do LEED after the design was done, so they had to go back and pay more money to have it redone). They did earn the Earth Advantage Commercial Platinum award for the juvenile facility, which she said is not as stringent as LEED and much more general. On the plus side, POE did the modeling of the building at no charge. She felt that one should be able to do LEED for 1-2% of the project cost, provided it's incorporated early on at the design phase. She stressed that the RFP should specify an architect with LEED experience, and that a manager with the same should be specified. A large part of the process is educating the sub contractors, for example, telling the painters to use low- VOC paints. Another point that she made was the importance of the commissioning process. She said they will always commission new facilities now, regardless of whether or not they're LEED. (During commissioning they found that fans were installed backwards). She encouraged us to look into the City of Portland's O-Rated program, their own version ofLEED. Summary: Several common observations were made by all four individuals: 1. It is critical that LEED be incorporated into the project from the beginning at the design phase. It's very difficult and costly after the project has begun to make the decision to become certified. Electric Dept. Conservation Division 51 Winburn Way Ashland, Oregon 97520 www.ashland.or.us 541-552-2063 Fax: 541-552-2050 TTY: 800-735-2900 rA' 2. An individual (or team) knowledgeable about LEED requirements should manage the project and follow the entire process from beginning to end to make sure that all of the measures are completed. 3. Documentation (and necessary paperwork) that measures were actually done are crucial and should be done along the way by the project manager. Electric Dept. Conservation Division 51 Winburn Way Ashland, Oregon 97520 www.ashland.oLus 541-552-2063 Fax: 541-552-2050 TIY: 800-735-2900 r4.' Memo DATE: 6/23/06 TO: Conservation Commission FROM: Dick Wanderscheid SUBJECT: US Green Building Council's Leadership in Energy & Environmental Design (LEED Program) BACKGROUND The City's Conservation Commission has been discussing the LEED program on various occasions during the last few months. City staff has already done some research on this topic and was directed to delve into it more deeply and present a report to the Commission for their June, 2006 meeting. Prior discussion about LEED has revolved mainly around the LEED-NC, New Commercial Construction or Major Renovation Projects Program. LEED, however, has another group of programs that covers other areas. They are: LEED-EB LEED-CI LEED-CS LEED-H LEED-ND Existing Building Operations Commercial Interiors projects Core and Shell projects Homes Neighborhood Developments Staffhas done some research on both public owned buildings that have been recently certified under the LEED programs and also on LEED or other sustainable activities done by other Oregon Municipalities. We have identified that Portland, Eugene, Salem and Corvallis have been involved with the LEED program at some level. The Following is a synopsis of what these other municipalities have done in this area. EUGENE The Eugene City Council has adopted a policy on Sustainability Principles. This policy was adopted in February, 2000 and calls for City Departments "to promote a sustainable future that meets today's needs without compromising the ability of future generations to meet their needs and accept the responsibility to, among other conservation measures minimizing human impacts or local, regional and worldwide ecosystems. " One of the specific sustainable principles is that the City wi11lead by example, by operating its facilities and services in a sustainable manner. In 2002, the Facility Management Department developed a sustainable building policy and in 2004 began reviewing existing buildings under the LEED EB program. The City selected the LEED program because the "system is well-documented and based on the consensus of a large number of industry professionals. Using the LEED system enables the Division to concentrate on implementing the guidelines, rather than spending the effort to develop our own evaluation system." CORVALLIS In 2003, the Corvallis City Council adopted an overarching goal of sustainability. The goal did not carry with it a specific directive for staff but was done to heighten the awareness of sustainability. In 2004, the Council adopted a policy that provided more guidance and created 6 topic areas to focus on: Sustainable Purchasing Practices Green Building Practices Solid Waste Management Land Use Planning Greenhouse Gas Emissions Toxics Persistent Biotoxins Another aspect of the policy was a requirement for an annual report to Council on progress being made in each topic area. A report was submitted in both 2004 & 2005. In 2005, they adopted a specific goal to enhance organizational sustainability efforts and hired a consultant, Zero Waste Alliance, to help develop a strategy to implement this goal. Phase I of the report which assessed current sustainability efforts of the City was completed in December 2005. It pointed out that the City has a policy that encouraged striving to meet LEED Silver standards. Phase II of the report made recommendations on how to improve the program. The specific section that deals with green building from their report recommends: "Write a green building policy---Assuming the city wants to adopt "Green Building" as a sustainability goal, were recommend creating a policy and setting goals. Currently the council policy is to endeavor to meet the LEED standards in new construction and remodels, but not to go to the extent and expense of LEED certification of a building. The disadvantage in this approach is that there is not third-party verification of the "green" measures implemented within the building. The City also misses out on the lessons associated with the process as well as the marketing and communication benefits that US Green Building Council provides with LEED certification. However, certification does cost more. Depending on the size of the project, the premium may range from 5-20%. So the city will need to evaluate the costs and benefits. We recommend that whatever approach the City takes in adopting "Green Building" as a sustainability goal, it include a process for verifYing the measures implemented and the building performance results. Analyze results and write case studies on projects to share information and promote the benefits of green building throughout the city and the community. We also recommend maintaining your membership in the US Green Building Council and providing on-going training for facility managers, planners, capital project managers and other design and construction staff in the area of high performance buildings. This will ensure the City is creating capacity and expertise in this very important area. Goals should be set with an eye to the climate change and energy goals set out by the State of Oregon. " The consultant's report went on further to state that the City should also evaluate LEED for existing building. Here is the language from the report on that subject: "Evaluate LEED-EB With the experience the City has gained with new construction, we recommend that the City also evaluate LEED for Existing Buildings. The City mayor may not want to become certified; however, examining LEED-EB is likely to result in a number of insights that could be incorporated into the operations and maintenance manual. LEED-EB is intended to ensure the operation, maintenance and remodels maintain and extend the benefits of green building. Since LEED-EB is relatively new, the local community has a couple of groups that provide networking opportunities for local builders, architects and designers. These professionals get together regularly to share what they are learning about green building. City staff involved with facilities could attend these meetings both to learn and promote the good work the City is doing. " The City Council accepted the consultant's report and directed staff to review the recommendations and develop those that needed to be brought before the City's Budget Commission for additional resources and create a 2 year action plan for implementation. SALEM The City of Salem has certified a couple of buildings under LEED-NC program and has "'sustainability design standards" that were intended to provide guidance for the City's Willow Lake Pollution Control facility and the River Road Peak Excess Flow Treatment Facility. These standards state "The requirement of Leadership in Energy and Environmental Design (LEED) and US Green Building Council are to be considered during the design process. While not pursuing actual LEED certification, those features encouraged by LEED as well as other features with an appropriate payback period, are to be considered for incorporation into each project." PORTLAND Portland has the most extensive LEED program which started back in 1999 when then Mayor Vera Katz introduced Portland's Green Building Program. According to a March 2003 progress report on Portland's efforts. "The city's efforts promoting green building has fast become the gold standard nationally. Portland is now considered a global center of green building and home ofthe most LEED registered building in the US." The Green Building Initiative Action plan was adopted unanimous by the Portland City Council in December, 1999. This initiative set an aggressive goal for the first 2 years of at least 600 housing units and 3 million square feet, of new retrofitted government, commercial and mixed use buildings. Portland, through the efforts of City Commissioner Dan Saltzman, established the Green Investment Fund of $800,000 to provide grants to help fund innovative green building projects. As of February, 2003, 26 commercial and mixed-use building totaling 3.388,000 square feet of space, were LEED certified. The budget for Portland's program staffing and incentives equaled $830,000 for FY 03-04. On January 10, 2001, the Portland City Council unanimously adopted the Portland Green Policy. The Portland Development Commission (PDC) which is the agency responsible for City financed developments, adopted the policy in January, 2002. All development projects (new or major remodels) to commercial, institutional, mixed use, and high rise residential buildings where PDC project financing is at least $200,000 and where the total project is 10,000 sq. ft. or more, are required to meet LEED- certified standard. Projects are encouraged to meet the requirements for the more stringent "Silver" standards or higher as appropriate. Portland has also made efforts to green their own facilities. The City has over 150 City owned facilitates and according to their progress report the primary challenge to accomplishing this task is getting each of the different bureaus responsible for facilities to implement the policy consistently and to track results over time. The City is renovating their Columbia Blvd Wastewater Treatment Plant and hopes to achieve LEED gold certification. Also, The Emergency Communication Center constructed in 1993 is being renovated and expanded. They are working to achieve LEED certification on this project. In 1998, voters passed GO bonds to expand Portland Fire facilities. Since this bond was passed prior to the Green Building Policy, they are exempt from meeting LEED certification. However, the design teams have been directed to use the LEED ratings system and provide as many LEED points as possible within the project budgets. As for the 3 new fire stations located in Portland General Electric's (PGE) service area, they are being designed to meet the Earth Advantage Standards. Portland has also developed a Green Building rating system to help guide Portlanders in complying with LEED requirements and also related City requirements. SUMMARY Four of the larger cities in Oregon have implemented LEED programs or projects over the last few years. Ashland is much smaller than any of these other cities but has the benefit of being a Municipal Electric Utility which allows us to leverage our existing conservation staff and resources to move the 'Green Building' initiatives forward. Staffhas also gathered some research about other public buildings that has been certified as LEED buildings and that information is being provided in a separate memo. No one disagrees with the concept of building and remodeling both public and private facilities in a sustainable manner as possible. But as usual, the devil is always in the details and there is much debate about the best or most cost effective way to accomplish this task. This information is being provided to help foster a spirited discussion of the issue by the Commission. Memo DATE: 7/26/06 TO: Conservation Commission FROM: Dick Wanderscheid SUBJECT: LEED Recommendation BACKGROUND The City's Conservation Commission has been discussing various approaches to ensure that new city facilities would be built as sustainably as possible. At the June 28, 2006 Conservation Commission meeting, staff was directed to do some additional research, identify options that the Commission could pursue, and make a staff recommendation as to the best way to proceed. One item we researched was the availability of the Oregon State Tax Credits for LEED certified buildings. The sustainable building tax credit offers a new approach for business owners to receive a tax credit. It is based on the square footage of the entire building. The sustainable building tax credit incentive helps offset the cost of applying for the LEED rating and the extra design and commissioning costs. A business which partners with the City will receive a tax credit of 35% of eligible project costs; the State will pass 28% through to the City. The State has established the eligible project costs of certifying buildings the size of the fire station as $5 to $9.29 per square foot, depending on the level of LEED certification. Oregon has selected the second level, or Silver rating, as its standard for the tax credit. In addition to the credit requirements for the LEED Silver rating, the Oregon Department of Energy requires: At least two credits are earned for energy efficiency. At least one credit for additional commissioning beyond the LEED prerequisite requirements. An annual report on the amount of solar radiation received by the building. We were also requested to research other programs outside the LEED program that could achieve sustainable buildings. There doesn't appear to be any other main stream programs that c:ould be substituted for the LEED program, at this time. While there are many green building initiatives throughout both the U.S. and the other parts of the world, none seem to have the visibility and comprehensive nature of the LEED program. Staff committed at the last meeting to layout a number of options that the Commission could consider, and this memo is our attempt at this effort. The options we have identified are: Option I Do nothing and build the proposed fire station to existing Oregon Energy Code Standards. This is a course of least resistance and relies on State Commercial Energy Code requirement to dictate the energy efficiency measures that are installed in the building. No other sustainable measure outside energy would be considered. Option 2 Option 3 Option 4 Option 5 Option 6 Work with the design team to implement energy and water efficiency and sustainable measures into the building using life cycle cost analyses and cost/benefit analyses. Depending on the quality and sustainable knowledge of the design team, this approach could result in a quality building. Use the same approach as Option 2 but also utilize the services of an additional design team component that has expertise in Green Building and could work with the design team to not only incorporate sustainable features but would also be retained to help ensure the features get installed correctly and work properly after completion of the building. Build the new Fire Station to the LEED Silver standards but don't actually spend the time, money or effort to get the building certified. This would reduce the costs of building because the verification and certification costs would not be incurred. Commissioning the measures could either be included or excluded in the option. Build the building to the LEED Silver standards, follow through and certify the building to ensure compliance. This option would include commissioning the building as that is a LEED certification requirement. The City would then carefully consider the cost and benefits of the LEED certification process to determine if a policy should be enacted to require LEED Certification on other future municipal facilities. This option includes all of Option 5 but also initiates a policy to begin implementing LEED Existing Building (EB) certification for existing City facilities. This would probably mean adding at least 1 FTE of new staffing to operate such a program if this option is chosen. STAFF RECOMMENDATION: Staff feels that the two best options for consideration are Option 3 and Option 5. Option 3 could ensure a quality green building that could meet the City's objectives. This building could probably exceed LEED Silver standards for less money because certification costs would be avoided. However, no experience about LEED would be gained and future projects would have to utilize a similar process. Option 5 which would require certification to the LEED Silver standards, would ensure a quality building, gain valuable experience about the LEED program, and because of the availability of tax credits get outside funds to help cover incremental design services. While either of the options seem like a reasonable approach, staff recommends that the Commission forward to the City Council the following recommendation: The Ashland Conservation Commission recommends that the City build and certify the new Fire Station No 2 building to LEED Silver Standards and that we apply for a State Tax Credit for design assistance funding as per the sustainable building tax credit. Further we should evaluate the LEED process and program to see if future City facilities should be constructed to these same LEED standards. Memo DATE: 8/15/06 TO: Mayor and City Council FROM: Conservation Commission SUBJECT: Leadership in Energy & Environmental Design (LEED) Recommendation BACKGROUND The City's Conservation Commission has been studying and discussing the LEED program for nearly 2 years. Because the City is proposing to get voter approval and ultimately build a new Fire Station No 2, the Commission's LEED discussions over the last 3 months has focused on the LEED process as it might apply to construction of this new City facility. At the June and July regular Commission meetings, the merits of building a sustainable fire station has taken up nearly 3 ~ hours of discussions. At the July 26, 2006 meeting the Commission unanimously made the following recommendation: "The Ashland Conservation Commission recommends that the City design, build & certifY the new Fire Station No 2 building to at least LEED Silver Standards and that we meet the additional requirements for a State Tax Credit for design assistance funding, as per the sustainable building tax credit. The Commission believes that in the interest of making the LEED project successful and less expensive, LEED requirements need to be integrated at the very beginning of the design process. Further, the City should utilize this project to evaluate the LEED process and program to see if future City facilities should be constructed to these same LEED standards. " The Commission's end goal in their entire discussions were to emphasis their desire to ensure that this proposed new City facility should be constructed as sustainably or "green" as feasible. They debated 6 options to accomplish this goal and ended up seriously considering 4 of the options as the best way to achiever these results. Those 4 options were: Option 2 Option 3 Option 4 Work with the design team to implement energy and water efficiency, and sustainable measures into the building using life cycle cost analyses and cost/benefit analyses. Depending on the quality and sustainable knowledge of the design team, this approach could result in a quality building. Use the same approach as Option 2, but also utilize the services of an additional design team component that has expertise in Green Building, and could work with the design team to not only incorporate sustainable features but would also be retained to help ensure the features get installed correctly and work properly after completion of the building. Build the new Fire Station to the LEED Silver standards but don't actually spend the time, money or effort to get the building certified. This would reduce tht: costs of building because the verification and certification costs would not be incurred. Commissioning the measures could either be included or excluded in the option. Option 5 Build the building to the LEED Silver standards, follow through and certify the building to ensure compliance. This option would include commissioning the building as that is a LEED certification requirement. The City would then carefully consider the cost and benefits of the LEED certification process to determine if a policy should be enacted to require LEED Certification on other future municipal facilities. After much discussion the final unanimous decision ended being a modified version of Option 5. The Commission's rationale for this recommendation is best summed up by the following reasoning: 1. Building at least a LEED certified Silver building, the City would be ensured to end up with a "sustainable" building. 2. A Certified LEED Silver Building would be eligible for a State Tax Credit for design assistance with only minor additional state requirements. 3. This building could serve as a LEED model in Southern Oregon which could help encourage other facilities, public & private, to be built "sustainably." 4. LEED is a nationally recognized program which has a solid technical requirement that have proven to be reasonable and cost effective for the building owners. It provides a realistic target that if met, will result in a "green" building based on objective targets instead of a vague green label that is self- defined. 5. Staff and Commission member's research of actual LEED certified buildings resulted in positive responses from the owners of those building on both the LEED program and the quality of the finished projects. 6. While there is no doubt that LEED measures and actual certification will increase the cost of this project, research shows that early integration of the concepts during initial design can significantly reduce the incremental costs. The successful acquisition of State Tax Credits can also mitigate some of these additional costs. Many hours of staff and Commissioner's time has been devoted to studying the LEED program and other ways to ensure that City facilities are built as 'sustainably' as feasible. While LEED certainly adds costs and isn't perfect, it still seems like the most reasonable way to proceed on the front. Three staff memos on this subject which were prepared for the Commission's June & July meetings are included with this memo to help provide some of the needed background information the Commission used to reach this decision. ENC: 3 staff memos RESOLUTION NO. 2006- A RESOLUTION OF THE CITY OF ASHLAND REGARDING CONSTRUCTION AND LOGGING IN THE PROPOSED MT. ASHLAND SKI AREA EXPANSION PROJECT ~citals: \ey'The City of Ashland holds the Special Use Permit (SUP) for the Mt. Ashland Ski Area (Forest Service Special Use Permit dated May 10, 1991). G),-he City of Ashland as the permit holder is ultimately responsible for compliance with the terms and conditions of the SUP (SUP Section VII.A}. ~ 0The City of Ashland leases the ski area facilities to Mt. Ashland Association (Lease Agreement dated July 9, 1992). The Lease Agreement gives the City of Ashland the right to conduct inspections and investigations of ski area operations (Section 13.4). D. The City of Ashland places a high priority on the protection of the Ashland Municipal Watershed which originates in the ski area permit area. E. The Forest Service and the City of Ashland entered into a Cooperative Agreement in 1929 for the purpose of conserving and protecting the water supply of the City of Ashland, and subsequent Memoranda of Understanding in 1975 and 1996, wherein it is specified that the City shall be included in the planning level and project level of projects in the Ashland Municipal Watershed. F. The case of ONRC vs. Linda Goodman (USFS) regarding development of new ski runs in the permit area has not been decided by district and appellate courts. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland requests that the US Forest Service and Mt. Ashland Association not proceed with construction, logging or ski run development until such time as the district court and appellate courts have made final rulings in ONRC v. Linda Goodman (USFS). SECTION 2. The City Administrator is directed to transmit a copy of this resolution to the Mt. Ashland Association, the Forest Service Ashland District Ranger, the Rogue River Siskiyou National Forest Supervisor, and the Pacific Northwest Regional Forester. SECTION 3. This resolution takes effect upon signing by the Mayor. FILENAME \p G:\IegaI\Mike\ResoIutions\MtAshIandRes_2006 08 08.doc Page - 1 This resolution was read by title only in accordance with Ashland Municipal Code S2.04.090 duly PASSED and ADOPTED this day of 2006. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of ,2006. John W. Morrison, Mayor Reviewed as to form: Michael W. Franell, City Attorney FILENAME \p G:\1egal\Mike\Resolutions\MtAshlandRes _2006 08 08.doc Page - 2 MT. ASHLAND SKI AREA LEASE This Lease Agreement is made and entered into this q't!:1 day of ~~ ' 1992 (hereinafter the "effective date of this Agreement"), by and betw nth ITY OF ASHLAND ("Lessor") and the MT ASHLAND ASSOCIATION, an Oregon not-for-profit corporation ("Lessee"). In consideration of the mutual promises set forth herein, the Lessor and Lessee agree as follows: 1. Term. The initial term of this Lease shall begin on the date indicated above and shall terminate on June 30, 2017. At any time on or before June 30,2017, Lessee shall have the right, if the Lease has not theretofore been terminated by either party and if Lessee is not then in default with respect to any obligation under this Agreement, to notify Lessor in writing that the term of the Lease shall be extended for an additional twenty-five (25) years, until June 30, 2042, in which case the Lease term shall be so extended. Notwithstanding the two preceding sentences, Lessee's leasehold rights under this Agreement shall terminate upon the expiration or other termination of Lessor's rights under the Permit. 2. Definitions: Description of Leased Property: Permit: and Lease Agreement. 2.1. Definitions: Description of Leased Property. As used in this Agreement, the following terms shall have the indicated meanings: 2.1.1. "Permit" shall mean and refer to that certain United States Department of Agriculture Forest Service Special Use Permit which is attached to this Agreement as Exhibit "A", and any subsequent permit which may be issued as a replacement or renewal of the permit attached hereto as Exhibit "A". 2.1.2. "Permit Property" shall mean and refer to that certain real property located on Mt. Ashland, in Jackson County, Oregon which is described in and is subject to the Permit, together with all improvements owned by Lessor and now or hereafter constructed or existing thereon. 2.1.3. "Equipment" shall mean and refer to all personal property, fixtures, furnishings, inventory and items of equipment owned by Lessor which are now attached to or located on or about the Permit Property, including but not limited to the items of personal property identified on Exhibit "B" attached hereto. As soon as practicable after the execution of this Agreement, Lessor and Lessee shall cause to be taken a physical inventory of all personal property, fixtures, furnishings, inventory and items of equipment owned by Lessor which are now attached to or located on or about the Permit Property, and shall amend Exhibit "B" to conform with that physical inventory, it being the intention of the parties that this Agreement apply only to those items of personal property verified by the physical inventory and listed on Exhibit "B" as so amended. PAGE 1-MT. ASHLAND SKI AREA LEASE (p:daily\skiash\maa-ffd.lse) 2.1.4. "Leased Property" shall mean and refer to the Permit Property and the Equipment. 2.1.5. "Index" shall refer to the following index published by the Bureau of Labor Statistics of the United States Department of Labor: Consumer Price Index, All Urban Consumers (CPI-U), U.S. City Average, CPI--Allltems ("standard reference base period" 1982-84 = 100). "Base CPllndex Figure" shall refer to the Index number indicated for the month of January, 1992, and the "CPllndex Figure" for any other month shall refer to the Index number for that month. If the "Index" is no longer being published as of a particular date, then the "CPI Index Figure" for that date shall be the figure reported in the U.S. Department of Labor's most recent comprehensive official index then in use and most nearly answering the description of the Index (or, if the U.S. Department of Labor is not then publishing any such similar index, shall be determined under another comparable, authoritative, generally recognized index to be selected by mutual agreement of Lessor and Lessee). If the Index is calculated from a base different from the base 1982-84 = 100, then the figures to be used in calculating any adjustment mandated under this Agreement first shall be converted (if possible, under a formula supplied by the Bureau of Labor Statistics of the U.S. Department of Labor) to account for that difference. 2.1.6. For purposes of this Agreement, the "Minimum Liquidation Value" for the Leased Property with respect to any particular calendar year shall be determined as follows: 2.1.6.1. With respect to the 1992 calendar year, the "Minimum Liquidation Value" shall be $200,000.00. 2.1.6.2. With respect to the 1993 calendar year and each subsequent calendar year throughout the Lease term, the "Minimum Liquidation Value" for a particular calendar year shall be determined by multiplying $200,000.00 by a fraction, the numerator of which is the CPI Index Figure for the month of January of that subject calendar year, and the denominator of which is the Base CPllndex Figure. To illustrate the preceding sentence, the "Minimum Liquidation Value" for the 1998 calendar year will be equal to the product determined by multiplying $200,000.00 by a fraction, the numerator of which is the CPI Index Figure for the month of January, 1998, and the denominator of which is the Base CPI Index Figure. 2.1.6.3. Notwithstanding the provisions of Paragraph 2.1.6.2, the Minimum Liquidation Value of the Leased Property shall never decrease, regardless of any decline in the Index. 2.1.7. "Ski Area Trust Fund" shall mean and refer to a segregated trust fund which shall be held, invested and maintained by the City of Ashland, as trustee, and shall be administered and distributed for the benefit of the Lessee and the Lessor in accordance with the provisions of this Agreement. The initial principal of the Ski Area Trust Fund shall be contributed to the Fund by the City of Ashland on the PAGE 2-MT. ASHLAND SKI AREA LEASE (p:daily\skiash\maa-ffd.lse) effective date of this Agreement, and shall consist of those assets which are identified on Exhibit "C" attached to this Agreement. 2.2. Permit. The terms, covenants, provisions and conditions of the Permit are incorporated into this Lease and Lessee assumes responsibility for payment and performance of all obligations of the City of Ashland under the Permit. Lessee agrees to hold harmless, defend and indemnify Lessor from and against any loss, claim or liability suffered by or asserted against Lessor as a result of Lessee's failure to fully pay and perform the obligations of the Permit. 2.3. Lease Agreement. Lessor hereby leases the Leased Property to Lessee, and Lessee leases the Leased Property from Lessor, subject to all of the terms and conditions contained in this Agreement. 2.3.1. Lessee is thoroughly familiar with the Leased Property and its condition and state of repair, and agrees to take the Leased Property in its present condition, and specifically agrees that all of the Leased Property is in an acceptable condition for the purpose for which leased. Lessor makes no warranty of merchantability or fitness of the Leased Property for any purpose. Neither Lessor nor its agents have made any representations with respect to the Leased Property except as expressly set forth in this Lease, and no rights are acquired by Lessee by implication in fact or in law, or otherwise, except as expressly set forth in this Lease. Taking possession of the Leased Property shall be conclusive evidence that Lessee accepts the Leased Property "as is" and "with any and all faults". 3. Use of Leased Property. Lessee shall have sole and exclusive possession and use of the Leased Property during the entire term of this Lease for the purpose of constructing, improving, maintaining and operating year-round educational and/or recreational facilities for the benefit of the general public (including but not limited to a ski area and/or winter sports resort). 4. Consideration. Lessee is a not-for-profit corporation, all assets of which will devolve to Lessor in the event of Lessee's dissolution and liquidation. In addition, Lessee has assisted Lessor in obtaining the funds necessary to purchase the Leased Property. Under these circumstances the parties have determined that a lease payment of $1.00 per year is full and adequate consideration for this Lease. 5. Title to Assets. Throughout the entire Lease term the Permit Property and the Equipment shall be and remain the property of the Lessor. 5.1. All buildings, structures, facilities and improvements of whatever kind and nature erected upon or made to the Permit Property by Lessee during the term of this Lease, together with any and all additions or alterations thereto and any permanent fixtures now or hereafter affixed or attached thereto, shall upon termination of this Lease become the property of Lessor. PAGE 3-MT. ASHLAND SKI AREA LEASE (p:daily\skiash\maa-ffd.lse) 5.2 Lessor shall not acquire any ownership, title or interest in any machinery, equipment, appurtenance or fixture hereinafter placed by Lessee in or upon the Permit Property which is not so affixed as to become an integral part of the buildings structures, facilities or improvements located on the Permit Property; provided, however, that if any machinery, equipment, appurtenance or fixture replaces a portion of the Permit Property or the Equipment or serves a similar function to the Permit Property or the Equipment, or is necessary to preserve the value specified in Paragraph 7.1, then such machinery, equipment, appurtenance or fixture shall become and remain the property of the Lessor. 6. Alterations. Lessee shall have the right to make changes to and alterations of the Leased Property, subject to the following conditions: 6.1. Except as herein provided, Lessee may at Lessee's expense make such alterations, improvements, additions and changes to the Leased Property as it may deem necessary or expedient in the operation of the Leased Property, provided that Lessee, without the written ,consent of Lessor (which consent shall not be unreasonably withheld) shall not tear down or materially demolish any of the improvements upon the Permit Property or make any material change or alteration in such improvements, which, when completed, would substantially diminish the value or substantially alter the use of the Leased Property. 6.2. At all times when any change or alteration is in progress, there shall be maintained, at Lessee's expense, workers' compensation insurance in accordance with laws covering all persons employed in connection with the change or alteration, and general liability insurance in accordance with laws covering all persons employed in connection with the change or alteration, and general liability insurance for the mutual benefit of Lessee and Lessor expressly covering the additional hazards due to the change or alteration. 7. Repair and Maintenance. Lessee shall not cause or permit any waste, damage or injury to the Leased Property. Lessee, at its sole expense shall keep the Leased Property as now or hereafter constituted (with all improvements made thereto) clean and in good condition (reasonable wear and tear excepted) and shall make all repairs, including all structural repairs, necessary to maintain the Leased Property. All repairs, replacements, and renewals shall be at least equal in quality of materials and workmanship to that originally existing in the Leased Property. Lessor shall in no event be required to make any repair, alteration, or improvement to the Leased Property. Any fixture, equipment or materials replaced by Lessee shall belong to Lessor, and all proceeds from the disposition thereof shall belong to Lessor. Lessee shall indemnify Lessor against all costs, expenses, liabilities, losses, damages, suits, claims and demands because of Lessee's failure to comply with the requirements of this Paragraph 7, and Lessee shall not call upon Lessor for any disbursement or outlay whatsoever in connection therewith, and hereby expressly releases and discharges Lessor of and from all liability therefor. PAGE 4-MT. ASHLAND SKI AREA LEASE (p:daily\skiash\maa-ffd.lse) 7.1. Lessee shall perform its obligations for maintenance and repair, shall make improvements to the Permit Property, and shall replace portions of the Equipment, as required to ensure that the actual liquidation value of the Leased Property is not less than the Minimum Liquidation Value of the Leased Property. 7.1.1. Lessee shall not be required under this Paragraph 7.1 to replace any portions of the Equipment which are not needed in Lessee's operations, except that this provision shall not operate as a waiver of Lessee's obligation to maintain the actual liquidation value of the Leased Property at a level not less than the Minimum Liquidation Value of the Leased Property. If for any reason the actual liquidation value of the Leased Property declines below the Minimum Liquidation Value of the Leased Property, then Lessee shall deposit into the Ski Area Trust Fund a sum of money ("the Restoration Sum") equal to the difference between the actual liquidation value of the Leased Property and the Minimum Liquidation Value of the Leased Property. The Restoration Sum shall be so deposited within ninety days after delivery to Lessee from Lessor of written demand therefor. If Lessee disputes the Lessor's determination of deficiency, then Lessor shall proceed as provided in Paragraph 7.1.3. Except as provided in Paragraph 7.1.2 or as otherwise agreed in writing by Lessor and Lessee, amounts deposited by Lessee into the Ski Area Trust Fund pursuant to this Paragraph shall be used only for costs of restoration of the Permit Property as required under the Permit, and the trustee shall not use or permit the use of the assets of the Ski Area Trust Fund for any other purpose. 7.1.2. In recognition and support of Lessee's intention to provide educational and recreational programs to residents of the City of Ashland and to operate the Leased Property in a manner which will stimulate the economy of the City, and in recognition of Lessee's inability to commence ski area operations for the 1992 - 1993 ski season without financial support from the City, Lessor authorizes the trustee to pay and distribute to Lessee, within 30 days after the effective date of this Agreement, the entire principal of the Ski Area Trust Fund. During 1993 and all subsequent years throughout the Lease term, the trustee shall distribute to Lessee, promptly upon demand from Lessee, all amounts of principal theretofore deposited by the Lessee to the Ski Area Trust Fund pursuant to Paragraph 7.1.1, but only if and to the extent that the sum of the value of the assets remaining in the Ski Area Trust Fund (after making that withdrawal) plus the actual liquidation value of the Leased Property at that time exceeds the Minimum Liquidation Value of the Leased Property at that time. Lessee shall not under any circumstances be entitled to receive any income earned with respect to the Ski Area Trust Fund. All income earned with respect to the Ski Area Trust Fund shall be credited to (and shall be deemed for all purposes to have been earned by) the City of Ashland, but shall be held and retained by the trustee in the Ski Area Trust Fund for use in connection with the eventual restoration of the Permit Property. All income and principal remaining in the Ski Area Trust Fund upon termination of the Lease shall be distributed by the trustee to the City of Ashland. PAGE 5-MT. ASHLAND SKI AREA LEASE (p:daily\skiash\maa.ffd.lse) 7.1.3. Whenever Lessor reasonably determines that the sum of the actual liquidation value of the Leased Property plus the amounts then held by the City of Ashland in the Ski Area Trust Fund is less than the Minimum Liquidation Value of the Leased Property, Lessor may request an appraisal of the Leased Property by an independent qualified appraiser chosen by Lessee from a list of not fewer than three submitted by Lessor in conjunction with the request. If Lessee does not make the choice within five days, Lessor may do so. The appraiser shall have access to all of Lessee's records as necessary for the appraisal and shall take such steps as the appraiser deems necessary to make a competent appraisal. The appraiser shall report to the parties within 30 days after being chosen. The report shall be final and binding upon both parties. The cost of the appraisal shall be borne by the Lessee if the sum of the actual liquidation value of the Leased Property plus the amounts then held by the City of Ashland in the Ski Area Trust Fund is less than 110% of the Minimum Liquidation Value of the Leased Property. Otherwise the cost of the appraisal shall be borne by the Lessor. 7.2. Lessee shall be solely responsible for any improvements, alterations or repairs to the Leased Property required pursuant to the Americans with Disabilities Act. 8. Utilities. Lessee shall be responsible for, and shall pay all charges for janitorial services, garbage removal, gas, electricity, light, heat, power, telephone, sewage disposal and domestic water used, rendered or supplied upon or in connection with the Leased Property. 9. Fire and casualty insurance. Lessee covenants and agrees to keep the Leased Property insured against loss by fire with extended coverage endorsement, including risk of loss resulting from collapse of the structures, lightning, vandalism and malicious mischief. Such insurance policies shall at all times be maintained in force in an amount equal to the full insurable replacement value of the premises and properties insured. It is a condition of payment of such insurance premiums by Lessee that the proceeds of any such insurance shall be applied to the repairing or restoration of the property damaged whether the loss is partial or total. The City of Ashland shall be named as an additional insured on such policies. 10. Liability insurance. Lessee shall procure, and during the term of this Lease shall continue in force, at Lessee's cost, public liability and property damage insurance, including ski operators liability coverage, issued by a responsible company with limits of not less than $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Such insurance shall cover all risks arising directly or indirectly out of Lessee's activities on, or as a result of the condition of, the Leased Property and shall protect Lessor and Lessee against all claims of third persons. Certificates evidencing such insurance and bearing endorsements requiring 30 days written notice to Lessor prior to any change or cancellation shall be furnished to Lessor. It is agreed that the Lessor shall not be liable to any third persons as a result of the use of the Leased Property by the Lessee, its employees or agents, and PAGE 6-MT. ASHLAND SKI AREA LEASE (p:daily\skiash\maa-ffd.lse) the Lessee covenants and agrees to save the Lessor harmless from the claims of said third persons by reason of the use of said premises by the Lessee herein. 11. Real property taxes. In the event any property subject to this Lease shall be assessed for property taxes, such taxes shall be paid by the Lessee on or before the 15th day of November of the taxable year. 12. Default or breach. In the event the Lessee commits any default or breach of any of the terms or conditions of this Agreement and fails or neglects to correct the same within six months after notice thereof by the Lessor, then and in such event, the Lessor shall have the right to immediately expel the Lessee from the Leased Property and declare this Lease terminated. In the event the Lessee fails to operate the Leased Property as a ski area and/or winter recreation resort at any time during a period of twelve consecutive months, except for war, catastrophe, natural causes (including but not limited to lack of sufficient snow for reasonably profitable operations), or other circumstances beyond the control of the Lessee, the Lessor shall have the right to immediately terminate this Lease. 13. Lessee Compliance with Environmental Laws. 13.1. Definition of "hazardous material". As used is this Paragraph, Ule term "hazardous material" means any hazardous or toxic substance, material, or waste, including, but not limited to, those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. 9 172.101) or by the United States Environmental Protection Agency as hazardous substances (40 C.F.R. Part 302) and any amendments, ORS 466.567, 466.205, 466.640 and 468.790 and regulations of the Oregon State Department of Environmental Quality, petroleum products and their derivatives, and such other substances, materials and wastes as become regulated or subject to cleanup authority under any environmental laws. Environmental laws means those laws cited in this subparagraph. 13.2. Lessee's compliance with laws and permits. Lessee shall cause the Leased Property and all operations conducted on the Leased Property (including operations by any subtenants) to comply with all environmental laws. 13.3. Limitation on uses of hazardous materials. Lessee shall not use or allow any agents, contractors or subtenants to use the Leased Property to generate, manufacture, refine, transport, treat, store, handle, recycle, release or dispose of any hazardous materials, other than as reasonably necessary for the operation of Lessee's activities as contemplated under this Agreement. 13.4. Lessor's Rights. Lessor shall have the right to conduct reasonable inspections and investigations of the Leased Property and the operations conducted on the Leased Property at any time and from time to time, and Lessee shall cooperate fully with Lessor during such inspections and investigations. PAGE 7-MT. ASHLAND SKI AREA LEASE (p:daily\skiash\maa-ffd.lse) 13.5. Indemnification. Lessee agrees to defend (with counsel approved by Lessor), fully indemnify, and hold entirely free and harmless Lessor from and against all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Leased Property, damages for the loss or restriction on the use of rentable or usable space or of any amenity of the Leased Property, damages arising from any adverse impact on marketing of space, sums paid in settlement of claims, attorney fees, consultant fees, and expert fees) which arise during or after the lease term and which are imposed on, or paid by or asserted against Lessor by reason or on account of, or in connection with, or arising out of Lessee's generation, manufacture, use, transportation, refinement, treatment, storage, or disposal of hazardous materials, or any release of hazardous materials as a result of Lessee's use or activities, or of Lessee's agents, contractors, or subtenants. 14. Limitation On Assignment Or Sublease By Lessee. Lessee shall not assign this Lease or sublease any portion of the Leased Property without obtaining in each instance the written consent in advance of Lessor, which consent shall not be withheld unreasonably, and which consent shall be deemed for all purposes to have been given by Lessor if not expressly given or withheld within thirty (30) days after receipt by Lessor of Lessee's written request for that consent. In determining whether consent is reasonable, Lessor may consider any and all relevant factors, including, but not limited to, the financial stability of the proposed sublessee or assignee and the extent to which the public interest is affected by the sublease or the assignment. Consent by Lessor in anyone instance shall not constitute a waiver or consent to any subsequent instance. 15. Miscellaneous. Nothing contained in this Agreement shall create between the parties hereto, or shall be relied upon by any other person as creating, any relationship of partnership, association, joint venture, principal and agent, or otherwise. The sole relationship of the parties hereto shall be that of landlord and tenant. There are no oral agreements or representations between the parties hereto which affect this Agreement, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, warranties, representations and understandings, if any, between the parties. The paragraph headings set forth in this Agreement are set forth for convenience purposes only, and do not in any way define, limit or construe the contents of this Agreement. If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then that determination shall not affect any other provisions of this Agreement, and all such other provisions shall remain in full force and effect. It is the intention of the parties that if any provision of this Agreement is capable of two constructions, only one of which would render the provision valid, then the provision shall have the meaning which renders it valid. If suit or action is instituted in connection with any controversy arising out of this Agreement, the prevailing party in that suit or action or any appeal therefrom shall be entitled to recover, in addition to any other relief, the sum which the court may judge to be reasonable attorney fees. Any notice required or permitted under this Agreement shall be deemed to have been given and delivered when personally delivered or when deposited in the United States mail, as certified mail, postage prepaid, and addressed to the last-known address of the party being PAGE 8-MT. ASHLAND SKI AREA LEASE (p:daily\skiash\maa-ffd.lse) provided with the notice. This Agreement shall inure to the benefit of and shall be binding upon the successors, assigns, heirs and personal representatives of Lessor and Lessee. This Lease Agreement is being executed in two counterparts, each of which shall be an original, and both of which shall constitute a single instrument, when signed by both of the parties. Waiver by either party of strict performance of any of the provisions of this Agreement shall not be a waiver of, and shall not prejudice the party's right to subsequently require strict performance of, the same provision or any other provision. The consent or approval of either party to any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar act. This lease shall be governed and performed in accordance with the laws of the state of Oregon. Each of the parties hereby irrevocably submits to the jurisdiction of the courts of Jackson County, Oregon, and agrees that any legal proceedings with respect to this Agreement shall be filed and heard in the appropriate court in Jackson County, Oregon. 16. Nondiscrimination. In connection with any operations of Lessee under this lease, Lessee shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, or disability. Lessee shall not discriminate by segregation or otherwise against any person on the basis or race, color, religion, sex, national origin, age, or disability by curtailing or refusing to furnish accommodations, facilities, services, or use privileges offered to the public generally. Lessee: Lessor: MT. ASHLAND ASSOCIATION CITY OF ASHLAND BY Its BY Mayor Cathy Golden BY Its BY Nan Franklin, City Recorder PAGE 9-MT. ASHLAND SKI AREA LEASE (p:daily\skiash\maa-ffd.lse) RESOLUTION NO. 2005-35 A RESOLUTION OF THE CITY OF ASHLAND IDENTIFYING CITY POLICY RELA TING TO THE CITY'S OBLIGATIONS AS THE PERMIT HOLDER FOR THE MT. ASHLAND SKI AREA - AMENDED Recitals: A. The City of Ashland holds the Special Use Permit (SUP) for the Mt. Ashland Ski Area (Forest Service Special Use Permit dated May 10, 1991). B. The City of Ashland as the permit holder is ultimately responsible for compliance with the terms and conditions of the SUP (SUP Section VILA). C. The City of Ashland leases the ski area facilities to Mt. Ashland Association (Lease Agreement dated July 9, 1992). The Lease Agreement gives the City of Ashland the right to conduct inspections and investigations of ski area operations (Section 13.4). D. Pursuant to the Lease Agreement, Mt. Ashland Association has agreed to assume responsibility for compliance with the Permit terms and conditions. E. The City of Ashland places a high priority on the protection of the Ashland Municipal Watershed which originates in the ski area permit area. F. The Special Use Permit, upon termination of the permit, requires removal of equipment and restoration of the Mt. Ashland Ski area (SUP section X.A). G. The responsibility to restore the ski area and the ultimate maximum liability for restoration of the Mt. Ashland Ski is uncertain and contingent on policy and environmental standards that may be in effect at such future time that restoration is required. H. The City of Ashland desires to prudently plan for and address responsibility for this contingent liability. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City Council shall take reasonable steps to estimate the cost of removal and restoration, including the planned expansion area, in accordance, at a minimum, with the restoration standards specified by the Forest Service Environmental Assessment and Decision Notice of April 1992 (Alternative C). Reasonable steps shall include an initial inquiry of the US Forest Service for an estimate. If the US Forest Service is unable to or refuses to provide such estimate, the City will take such other reasonable steps as it determines prudent to estimate the costs of restoration. The City Council will make reasonable efforts to reach a mutual agreement with Mt. Ashland Association regarding the maintenance of reserves, bonding, or other security to fund the estimated cost of the ski area restoration. SECTION 2. The City of Ashland requests that Mt. Ashland Association provide a Business Plan showing capital expenditure and operating projections for the planned expansion. The City Council may retain an independent accounting firm to review the Business Plan. The requested Business Plan should include these elements: · Projected construction expenditures for each year of the expansion build out. · Projected sources of funds for financing the expansion for each year of the build out. · Projected operating revenues and expenses reflecting historic skier visitation variability for at least a 1 O-year time frame during and after the expansion build out. . Sources of funding for financing restoration/rehabilitation reserves. . Sources of funding for financing the QA/QC team. The City will request MAA to provide an annual update to the business plan until build out of the expansion has been completed. SECTION 3. The City Council shall cooperate with Mt. Ashland Association to appoint a Quality Assurance/Quality Control team to oversee ski area construction and protection of the municipal watershed, substantially as described in the comments submitted by the City of Ashland to the Forest Service on October 7, 2003 (DEIS comments). Ideally, the QA/QC team should be an independent team of 2 to 4 persons specialized in soils and hydrology that coordinates with the City, MAA, and the Forest Service. The QA/QC team should be formed prior to construction to define strategies for erosion and sediment control, mitigation, and restoration/remediation. The City Council will make reasonable efforts to reach a mutual agreement with Mt. Ashland Association to provide construction funding for the QA/QC team and to ensure that all future construction activities comply with the coordinated recommendations of the QA/QC team and the Forest Service. SECTION 4. The City Council will make reasonable efforts to reach a mutual agreement with Mt. Ashland Association to implement this resolution before future construction activities commence. SECTION 5. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code Section 2.04.090 duly PASSED and ADOPTED this 6th day of September, 2005: Barbara Christensen, City Recorder SIGNED and APPROVED this 8th day of September, 2005: John W. Morrison, Mayor Reviewed as to form: Michael W. Franell, City Attorney Proposed Proclamation for Eat Local Challenge Week Whereas, the Rogue Valley economy was built around its agricultural bounty; and Whereas, local farms and ranches continue to nourish our bodies with fresh quality meat and produce; and Whereas, local agriculture contributes to the beauty and rural character of our region, protecting open space and striking views; and Whereas, a unique array of locally owned food businesses enhances the character of the Rogue Valley and creates a strong sense of place, bringing visitors from across the nation; and Whereas, we laud the contribution of the region's food businesses to our economy and community. NOW, THEREFORE, I, John Morrison, Mayor of the city of Ashland, do hereby proclaim the week ofSeprember 10,2006, as: "Eat Local Week" and encourage every citizen of Ashland to support our local farms, ranches and restaurants by eating locally produced foods. IN WITNESS WHEREOF, I hereunto set my hand and cause the seal ofthe city of Ashland to be affixed this 5th day of September, 2006 fk ss I Dam d August 15,2006 TO: Ashland City Council FROM: Elizabeth Cross 760 Clay Street. Ashland, OR As our chosen trustees, I want to believe that the council's action or lack of action concerning the Mt. Ashland Watershed Expansion Project are motivated by the greatest good for Ashland. And, I want to say thank you for the opportunity to express once again my opposition to the expansion. The Mt. Ashland Association has refused to accept a less threatening expansion option/s or alternatives; the Association has not delivered to the public a detailed cost analysis for the expansion; nor have they provided a guarantee that the costs will be covered by the Association; and have not proved that the erosion by clear cutting and ground disturbances will not adversely affect our city. There are those who challenge the Forest Service standardized computer evaluation because it does not take into consideration the unique circumstances of the Ashland Watershed. The Association will not accept or consider other means of exploration. The Watershed has a history of flooding. Major flooding has occurred on the average of a 10 year frequency. The erosion problems appeared to occur from unstable slopes and disturbance to the natural ground cover and the soil: Given a history of problems, why should the community want to take a chance and expand into the Watershed? Why run the risk? The more the ominous the consequences, the more cautious our policy should be! The Mt. Ashland Watershed is our "Manna of the Mountain"; it provides the wonderful pure water for our community for which I am grateful. There are communities around the world that pay for, do without, or drink poor water. Why not set a good example of how to manage and preserve the Ashland Watershed for long-term conservation? Mt. Ashland is 7 miles above us; there is an old adage "Our mistakes will always run do wnhill " . Now is the time to take a stand against the mistakes of the past. Please help the people of Ashland protect our watershed. Give the people a say in the decision making process. Why not let the people of Ashland VOTE in a city election on this extremely important problem? Sincerely, dJ . '! I I ...,-- . I u:;; CCAidL$-.;2L?-- Elizabeth Cross Public Comment on Resolution Mica Cardillo 237 Gibson St, Talent Youth Program Director, Mt. Ashland Captain of After School Ski and Snowboard Program, Medford Elementary Schools Executive Director, Ashland Youth Climbing Program Tuesday, August 15,2006 In the early 90s, the City of Ashland and people of the Rogue Valley supported the formation of a private non-profit organization take over the ski area, and when filing for tax-exempt education status with the IRS, became responsible for insuring that a substantial portion of the ski area's business would be to provide educational programs. In continuing its non profit status, the ski area is required to show that it continues to make a substantial commitment to educational programs. Since the beginning of the community-owned ski area, Mt. Ashland Association has offered a number of highly discounted youth educational programs which have been very successful However, the past five seasons have shown a noticeable decline in the number of youth participants and the trend correlates with increasing program costs and expenses. In the past. we've relied on other sources of revenue at the mountain to help us meet the needs of providing an affordable experience to thousands of kids in the After School Program and affordable youth season passes. However, as the expenses and maintenance costs of operating a ski area are catching up with Mt. Ashland, we're forced to raise prices. Another related issue: every time the Arial Chairlift is closed due to high winds, we lose significant revenue that could help Mt. Ashland keep prices down for its flagship educational programs. The C-6 chairlift and associated ski runs, the most important component of the current expansion plan, is financially critical to the sustainability of the ski area and to providing a better experience for novice skiers and boarders. Currently, we only have a couple of acres to work with beginners and novices in the After School Program. Some days are better than others, but usually the day for me ends with a little sadness and frustration, because many of children who may not have been able to experience the true joy of skiing and the sense of accomplishment they came for. In reviewing all of the possibilities, suggestions, and concerns from stakeholders, the Forest Service put together ski trail configuration that minimized safety issues and liabilities, maximized the community's objective to provide a better balance of terrain, was financially achievable, and minimized environmental impacts on the wetlands and soils in the "Middle Fork" area. We can either implement the current expansion plan or not do expansion at all, but we can't do expansion and avoid the Middle Fork entirely as suggested by some citizens. The potential compromise, for the most part, has already been made. Parties in the lawsuit against the US Forest Service to stop the expansion allege that the Forest Service staff did not do everything reasonable to analyze the potential environmental impacts in the Environmental Impact Statement. This exact issue is before the court, and we are waiting to hear the decision. Mt. Ashland would consider pursuing ski area improvements if the Judgc's decision is favorable and the Forest Service approves. However, if the City passes the rcsolution before us tonight, we will effectively be requiring the ski area to hold off for an indefinite pcriod of time in case opponents want to appeal the decision, whether they pursue an appeal or not. This puts the ski area on the timetable of the plaintiffs, who mayor may not file for future appeal, not on what is reasonable for the ski area, the Forest Service, and this community. Tonight we have a resolution before us that would change the City's approach toward the ski area. By passing this resolution, the City would clearly be departing from previous support of the current expansion project and of Mt. Ashland Association's commitment to providing a sustainable ski area for all potential skiers and snowboarders in our community, and in keeping dollars in the local economy. This resolution before the Council reads as if no harm will be done to the viability of Mt. Ashland by passing it. Please understand that the decision to support this resolution will hurt more than it will protect this community. To the Ashland City Council: My name is Diane McKelvey. I have been a resident of Ashland for 25 years. I moved to Ashland for a number of reasons. One was to attend SOSC and what attracted me to this area was the nature beauty of the mountains. I love to ski and Mt Ashland was one of the biggest reasons I moved to Ashland. I serve as a board member of the Mt Ashland Association. It has been an amazing experience, very rewarding at time but frustrating at times. The employees of Mt Ashland as well as the board are made up of wonderfully, talented and passionate people. We at Mt Ashland are joined together for the common purpose of providing an Alpine recreational and educational experience for all in Southern Oregon and Northern California. Our focus is on the youth of our area and make sure it is available in all in our region by providing a safe and healthy alpine experience. It is rewarding to work with an incredible staff who enjoys a stimulating, supportive and safe work environment. We at Mt Ashland are a community owned recreational resource. The Mt Ashland Association was formed as a result of the SAVE MT ASHLAND CAMPAIGN which raised 1.7 million dollars to purchase the ski area from Harbor Properties. This began and close relationship & partnership between the Mt Ashland Assol~iation and the city of Ashland We at Mt Ashland are a team of respectfully, honest and conscientious individuals. City Councilors please join our team. Our role is to be watchful caretakers of our environment, be financially responsible and provide educational opportunities and programs to foster understating and stewardship to the environment. We care about our partnership with the City of Ashland! We care about our environment! We care about the watershed! City Councilor member I am asking you please reconsider passing this resolution tonight. We are partners in this relationship. In order to maintain a good partnership with need to be invited to the table. We need to form a workable resolution for both the City of Ashland and for the Mt Ashland Association. Please don't pass this resolution it would be devastating to the Mt Ashland Association and our partnership. Respectfully Submitted by Diane McKelvey, Mt Ashland Association Board, Wife, Mother, Volunteer, and Ashland Business Owners 205 Hidden Lane Ashland Oregon 488-2542 My name is Ada Rivera. I am the Guest Services Manager for the Mt. Ashland Ski Area. I support expansion and strongly protest the tactics being used against it. The Mt. Ashland Ski Area affects the lives of thousands of citizens of Southern Oregon and Northern California. Maybe you aren't too concerned with people from that greater community-- places like Grants Pass, Medford, Klamath Falls and Yreka, but how about the folks from Ashland? I represent a little four year old Ashland girl. Her family comes up for a morning of Kid's Club lessons and is back home by nap time. I represent the Ashland Elementary student who uses Mt. Ashland as part of the After School Youth Program-rosy cheeked and excited- exercising, outdoors and with friends-able to participate due to scholarships raised from that "greater" community. I speak for the AMS kid who learns about stewardship, teamwork, healthy forests and the watershed through the Mt. Ashland Youth Summer Service Program. And I speak for the high schooler who is able to take part in a slalom race or terrain park event-because Mt. Ashland is there for them. Maybe the children of Ashland are not your thing. How about the older generation of Ashlanders-some of whom are well into their 70's-who come up for a few runs on a bluebird morning--and all the multi- generational families to which Mt. Ashland is like a second home every winter. The people behind this resolution are using fear tactics and back door politics in an attempt to strangle a business to death--ridiculous claims and misinformation meant to bully you into being party to this mockery of justice. Let me be very clear on this-the path you are considering would have long term detrimental effects to the Mt. Ashland Ski Area and the community we serve. You are messing with the lives of my employees-many of whom live in Ashland. You are messing with the work I love-being part of this rare and precious non-profit ski area. And you are messing with the people I serve-and that's NOT okay with me. Standing up to a bully is never easy. However, I am standing up, along with many others. I sincerely hope that you will stand up with us.