HomeMy WebLinkAbout1998-0217 Council Mtg PACKET
AGENDA FOR THE REGULAR MEETING
. ASHLAND CITY COUNCIL
February 17, 1998
I. PLEDGE OF ALLEGIANCE: 7:00 p.m., CMc Center Council Chambers.
II. ROLL CALL:
III. APPROVAL OF MINUTES: Regular meeting minutes of February 3, 1998.
IV. SPECIAL PRESENTATIONS & AWARDS:
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2.
Mayor's Proclamation declaring March, 1998, as "Hunger Awareness
Month. "
Presentation of retirement plaque to Tom Ramoss for 34 years of service
with the Public Works Department (Water Quality DMsion).
V. CONSENT AGENDA:
1.
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6.
Minutes of Boards, Commissions and Committees.
Monthly Departmental Reports - February, 1998.
Authorization by City Council for Interim City Administrator to sign
Maintenance Agreement to allow ODOT to perform traffic signal
maintenance at intersection of E. Main and Mountain.
Authorization by City Council for Interim City Administrator to sign FBO
lease extension agreement for the Ashland Municipal Airport.
Authorization by City Council for Mayor to sign City of Ashland Park and
Recreation Commission and Ashland School District #5
Intergovemmental Agreement (Renewal).
Confirmation of Mayor's appointments of Harry Bartell, Jack Blackbum,
Kathleen Kahle, Susan A. Hunt, Steve Morjig, Thomas Bizeau, AI Alsing,
Kelly Madding, John Mclaughlin, Carole Wheeldon and Alan DeBoer to
the Ad Hoc UD Committee. 1-- -- ~- . - .-
Council Meeting Pkt.
I BARBARA CHRISTENSEN
CITY RECORDER
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VI. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker. All hearings
must conclude by 9:30 p.m. or be continued to a subsequent meeting).
1. Consideration of an amendment to the Ashland Municipal Code which
would regulate, facilitate and provide for telecommunications within the
City of Ashland.
2. Acceptance of public testimony and decision regarding Ashland's
continued participation in the Talent/Phoenix Water Project (continued
from February 3, 1998).
VII. PUBLIC FORUM: Business from the audience DQ1 included on the agenda.
(Umited to 5 minutes per speaker and 15 minutes total.)
VIII. UNFINISHED BUSINESS:
IX. NEW AND MISCELLANEOUS BUSINESS:
1. Adoption of Council goals for 1998-1999.
X. ORDINANCES. RESOLUTIONS AND CONTRACTS:
/ Second reading by title only of "An Ordinance Repealing Section 2.28.050
of the Ashland Municipal Code Which Relates to the Duties and
ft1esponSibilitieS of the. City Administrator for the Utility System.".
. . Second readin9 by title only of "An Ordinance Modifying the Commercial
and Employment Chapters of the Ashland Land Use Ordinance
/' Regarding Restaurants, Nightclubs and Bars."
. Reading by title only of "A Resolution of the City Council of the City of
Ashland Reiterating its Policy of Relating the Expenditure of Monies for
Economic and Cultural Development to the Hotel/Motel (Transient
Occupancy) Tax and Repealing Resolution 93-12."
XI. OTHER BUSINESS FROM COUNCIL MEMBERS:
1. Consideration of a request by Councilor DeBoer to have Council direct
staff not to process any new LID's until newly formed Ad Hoc Committee
report is complete.
XII. ADJOURNMENT
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City CouncB Agenda now ..,.labl8 on the Internet.
Internet Addr...: http://www...hln.or...
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MINUTES FOR TIlE REGULAR MEETING
ASHLAND CITY COUNCIL
February 3, 1998
PLEDGE OF ALLEGIANCE
Mayor Golden cslled the meeting to order st 7:00 p.m., Civic Center Council Chambers.
ROLL CALL
Councilors Laws. Reid, Hauck, Hsgen, Wheeldon snd DeBoer were present.
APPROY AL OF MINUTES
The minutes of the Regulsr meeting of Jsnusry 20, 1998 were approved as presented.
SPECIAL PRESENT A nONS & AWARDS
1. Reading of Mayor's Proclamation by title only proclaiming the month of February, 1998 as Prevent a
Litter Month.
Mayor resd title only of proclamation.
CONSENT AGENDA
I. Minutes of Boards, Commissions and Committees.
2. Monthly Departmental Reports - January, 1998.
3. Confirmation of Mayor's appointment of Darrel Jarvis to the Building Appeals Board for a term
expiring December 31,1998.
4. Memorandum from the Fire Chief, regarding Annual Review of City Burning Regulations.
5. Memorandum from the Director of Electric Department, regarding Presentations of Strategic Plan,
Electric Cost of Service Study and Telecommunications Business Plan.
6. Set a public hearing for February 17, 1998, to consider adoption of an amendment to the Ashland
Municipal Code which would regulate, facilitate and provide for telecommunication. within the City of
Ashland.
Councilors HagenlReid mls to approve consent agenda. Voice vote: all A YES. Motion passed.
PUBLIC HEARINGS
1. Consideration of a recommendation by the Planning Commission to modify the Ashland Land Use
Ordinance Chapters 18.40 (Employment) and 18.32 (Commercial) Pertaining to "Eating, Drinking,
Entertainment and Dancing Establishments" (Applicant: City of Ashland).
Planning Director John McLaughlin reported to council on the concerns regsrding the potential location of nightclubs
snd bsrs in E-l snd C-l zones which may be in close proximity to residential sreas of the historic sress. Noted that
nightclubs snd bsrs would remain as permitted uses in the downtown srea, snd in the commercial zone along Ashlsnd
Street. Explsined that no existing nightclubs or bsrs would be non-conforming uses as a result of this ordinsnce chsnge.
Staff recommends approval of making nightclubs snd bsrs conditionsl uses in these sreas, while retaining restaursnts as
a permitted use.
McLaughin clarified thst the permit issued to the Dugout Sports Pub & Grill would no longer be in effect if the business
is no longer in operation.
McLsughlin explained that noticing of this' proposed chsnge, is s legislative noticing procedure through the local
newspsper. Councilor Reid voiced concern thst property owners in this sres who do not subscribe to the local
newspaper, may not be adequstely notified.
McLaughlin verified that this proposed chsnge would impact sll E-l zone property owners in the city, snd thst the
number of property owners effected is not known at this time.
City CoWlcil Mc:cting 2~3-98
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Clarification was made for council that the restaurant located at the city owned golf course would be linked to the
approval process of the golf course management and that the Ashland Hills establislunent would remain permitted use.
Council discussion regarding the procedure and policy for noticing of the types of ordinance changes.
PUBLIC HEARING OPEN: 7:12 p.m.
PUBLIC HEARING CLOSED: 7:12 p.m.
Councilors HagenlHauck mls to approve first reading and place on agenda for second reading. RoD caD vote:
DeBoer, Hagen, Wheeldon, Hauck and Laws, YES; Reid, NO. Motion passed 5-1.
2. Acceptance of public testimony regarding Ashland's continued participation in the Talent/Phoenix
Water Project (Note: this item will also be heard at the February 17,1998, Council Meeting).
Director of Public Works Paula Brown briefly gave update to council on the previous held Water Forum.
Councilor Hauck requested additional information from Brown, based on the 2% chance of curtailment from previous
reports. Hauck asked that for each of the long term options, he would like to know, to what extent do they extend the
2% risk period.
Mayor Golden went over what is believed to be important in terms of framing this issue. Explained that the city is
currently faced with the opportunity to increase the size of piping between the cities of Phoenix and Talent. Pointed out
that this would not get water to Ashland, but would only increase the size of pipe. If the pipe was used for Ashland
residents, the increase of size in pipe would provide about 25% of Ashland's water demand as it is currently used today.
Golden noted that she felt there was a missing component within our community, is "why?".
Golden pointed out four things that generally drive the need for water in the community, or the additional need for water
in the community: These are: I) catastrophic fire; 2) flood; 3) drought; and 4) development. Requested that citizens
think of all the options and asked for their help in determining what the right direction may be. Pointed out that if the
main issue is flood or drought, we have to do more than get water to Talent and have to look at the over-all cost. If there
is hope to increase development, Golden explained that there are System Development Charges in place to cover the
costs of development.
Councilor Reid clarified that if the city were planning on purchasing a1temative easements for getting water to Ashland,
that it was important to remember that the Medford Water Commission controls the water to Phoenix, as well to Talent.
If the city were to take treated water. then the Medford Water Corrurussion would be in charge of where the water would
be coming from. Reid noted that in regards to System Development Charges, that the amount that is used by the
existing conununity is not moved over into future development costs.
Councilor Laws requested that he would like to hear from people is, what they think has changed, either in the actual
conditions or attitudes. Laws believes that for the last 40-50 years the city is in the exact situation as now and will
continue to be in this situation for the next 23 years. Questions what is unsatisfactory about the situation we've lived
under. Feels this is what needs to be stressed since this is a $7 million project, and this expense needs to be justified.
Councilor Hauck spoke on what he felt were two issues. Questioned whether upsizing the pipe would be worth the cost
for keeping open the 2020 period when additional growth would need to be addressed in comparison to looking at
potential other ways of meeting this need in 20 years. Would like to hear from the public on the question of, is this
investment worthwhile to the citizens of Ashland for future needs.
City COWlcil Meeting 2-03-98
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PUBLIC HEARING OPEN: 7:30 p.m.
Barbara Bean/510 Terrace/Submitted list of questions to council on the water intertie. Feels this is one of the largest
decisions that the council would need to make regarding the costs associated with the water intertie. Not clear on what
the costs would be to individual property owners. Noted the issues surrounding fish endangerment. Not clear regarding
fire fighting and fire protection. Concerned with the hold that the city of Medford would have on the citizens of Ashland.
Ron Roth/6950 Old Hwy 99S/Questioned whether water could have been used during the flood if we had the intertie.
Commented on the necessity of an "insurance plan". Suggested that a hydrologic study be done to determine needs in a
catastrophic fire and what would happen in stream flow. Stated that the Beck report assumed that the city would lose the
nD water contract, but current info is that the city will not lose this contract and this should be considered in the
projection of what the cities water needs ate in the future. Need to deal with the water that we already have and update
our water system in a proactive way. Feels there is a great amount of waste in the TID water canal that could be
conserved by piping the canal. Stated that if there is a real drought, it would be region wide and other water supplies
would also be effected.
Tonya Killeenl444 Lit Way/Concerned that conservation and waste water treatment methods have been pushed to the
side and lost in the shuffle. Feels that this water intertie will encourage growth. Would like to see this issue studied
further and a proactive role taken. Questioned if other cities, with similar problems, had been studied.
Bob Jone.1725 N. LaurellLives in Ashland, but is an employee of the Medford Water Commission. Agreed that this is
a very important issue before the council. Stated that the city needs to have secondary source, currently there is only one
source with secondary coming into the reservoir from the water treatment plant. That the city needs a supplemental
source and to oversize now while the option is presented. Feels that the intertie would give the city more reliability.
Voiced concern on the piping of the Till canal, not sure that this would produce any more water. Clarified that the city
Can only take what the water rights are of the city, and that nD could cut the water off early, Felt that there was a
tendency to be on the safe side when costs were figured, and that the water could be brought to Ashland for much less
than the original projected costs. Explained that the city would not have to buy water rights from Lost Creek right away,
that these water rights Can be bought at a later date.
Bob Taber/97 Scenic Drive/Commented on demand versus supply. Gave scenario on demand versus supply over a
period of peak demand. Feels that the demand in the peak months is more than what is normal demand in the other
months. Noted that during the peak periods, if conservation methods are used, there would not be a water supply
problem. Stressed that we should not get over concerned with the possibility of not having water, but to utilize
conservation methods, water treatment plant and Reeder Reservoir. Feels that this is an easy, soft way to look for
additional water when methods mentioned previously would be more than adequate.
Debbie Miller/160 Normal Avenue/Noted that the Beck report was based on "living within our means", and what
could we do better with what we have. Encouraged continued direction with this initial thought. Questioned how to
prevent catastrophic fires and what types of programs or methods we could take to prevent a catastrophic fire. Feels it is
imperative that new growth pay for services. Questioned if council is going to continue to move in the direction of
conservation or, is the council going to spend millions of dollars in a whole different direction.
Ru" Cbapmanl715 Elkader/Concerned with taking water from the Rogue River.
Carl Oate.1776 Glenview/Agreed with comments made by Ron Roth. Spoke in favor of conserval1on and in opposition
to the water intertie. Concerned with the costs associated and with what this would actually provide the citizens of
Ashland. Noted this would be a Medford system and this would impact the citizens of Ashland. Commented on the
curtailment in 1993, questioned how Ashland would be served when they would be at the end of the pipe. Noted the
excellent programs that the city has initiated through the Conservation Department. Felt that it may be necessary to put
more monies into these programs to encourage and provide more conservation programs. The idea of introducing
another water source would result in the relaxing of current conservation of water. Suggested that a site be determined
City Council Meeting 2.()3-98
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for development of another water impoundment within our area, to begin a program of metering TID water and to
encourage TID to begin enclosing canals.
Cate Hartzelll881 E Main/Stated that this is a discussion driving a decision. Urged council that if this is for
"insurance", that they commit to this and to the full amount of the costs involved, otherwise it would be a waste of time.
Questioned who would be setting the rate schedule for water if the intertie goes through. Felt that if this was a growth
issue, then SDC's should be how the cost of this project should be funded. Would like to see the benefit of this intertie
spelled out, and additional information on how catastrophic fires would be handled. Questioned whether curtailment is
being considered for drought. Felt that with the issues surrounding the state at this time, there is no known factors in the
. issuance of future water rights.
Bruce Moats/1250 SiskiyoulRepresented Southern Oregon University in support of a water intertie. Voiced concern
in regards to future water supply. Noted many concerns about the threat of water shortage and feels that the water
intertie would provide additional water needs.
Russ Silbiger/562 Ray LanelFeels this is an "option" and not an "insurance". Stated that the costs for water in Medford
is less than what the costs are in Ashland. His biggest fear is fIre in the watershed. Feels this is an option for a second
source of water, water by itself does not create growth. Felt that given the alternatives, unless there is a better option
presented, that spending the money is wise and prudent.
Zach Brombacher/640 Tolman Creek RdlFeels that the water intertie is very important. Stated that he is a user of the
TID water and would not like this taken away. Noted that his problem has been when water is turned off during a flood,
and is concerned about fIre protection. Supports the idea of an "insurance" by this water intertie. Feels it is important to
do this now, while the option is available.
John Fields/845 Oak Street/Feels that the cities of Talent and Phoenix are pushing the time line. Believes that if the
pipe is up-sized, that the long-term picture and costs should be considered. Felt that this is a storage issue for a two
month period. Stated that there could be several domestic wells that could be drawn on in an emergency. Commented on
conservation methods that have worked, and the possibility of reusing water. Commented on the increasing need to
preserve natural resources. Feels that we need to look at regional capacity, and that if water is managed correctly, there
would be adequate water supply.
Susan Hunt/220 Nutley/Questioned if water would be re-distributed during a drought based on water rights.
Questioned the amount of money being discussed for an insurance policy and how this would effect our population by
this intertie.
Barbara Rybergl373 Vista/Commented that what may have "changed" with this proposal is, the way of thinking. That
this has made individuals more aware of conservation methods. Was encouraged by suggestions made by coWlcil
members. Felt encouraged that this is being allowed for discussion.
Bob Jones, Medford Water Commission clarified that the water rights which the city would need to secure, is stored
water in Lost Creek Reservoir and water would be available. Stated that if there was a drought, M&I would have
highest priority without effecting the fish issues. Clarified the re-chlorination method. Suggested that if council were to
decide to go this direction, he would like to see revisited the 25% oversize to an even larger oversize of the pipe from
Ashland to Talent. Clarified that this design is designed after the year 2050 report. In 2050, by up-sizing and
connecting with the intertie, it would supply what the city would need in peak demand and emergency basis needs.
Stated that Medford Water Commission would be available to help the city of Ashland in emergencies. Jones explained
how the Medford Water Commission is comprised. That the commission is by appointment of the Mayor of Medford
and is responsible for water resources in the area.
PUBLIC HEARING CLOSED: continued to council meeting of February 17, 1998.
City Council Meeting 2-03-98
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Jones clarified the difference of water rates between Ashland and Medford.
PUBLIC FORUM
None
UNFlNlSHED BUSINESS
None
NEW AND MISCELLANEOUS BUSINESS
1. Mayor's appointment of Council liaison to various boards and commissions_
Councilor DeBoer stated that it would be difficult for him to be liaison for the Planning Commission, and asked that he
not be appointed to the Planning Commission as a liaison. Mayor Golden explained that the reason she appointed him to
the Planning Commission was because it would allow him to be brought up to speed on planning issues. Golden urged
DeBoer to take this on for one year, and to see how it goes. DeBoer stated that he is up to speed on planning issues, and
that he does not have the time necessary to be liaison for this commission. Mayor Golden suggested that DeBoer tape
the meeting and that it was not necessary that he be in attendance for the Planning Commission meetings.
No changes were made in proposed council liaison appointments.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Second reading by title only of" An Ordinance Amending Chapter 2.32 ofthe Ashland Municipal
Code to Repeal Specification of Rates for Compensation of Counsel Appointed to Defend Indigents
Accused of Crimes. "
Councilors HaucklHagen mls to approve ORD #2811. RoD call vote: Reid, Hagen, DeBoer, Laws, Wheeldon
and Hauck, YES. Motion passed.
2. First reading of" An Ordinance Repealing Section 2.28.050 of the Ashland Municipal Code Which
Relates to the Duties and Responsibilities of the City Administrator for the Utility System."
Councilors HagenlWheeldon mls to approve first reading of ordinance and place on agenda for second reading.
Roll caD vote: Hauck, Wheeldon, Laws, DeBoer, Reid and Hagen, YES. Motion passed.
3. First reading by title only of" An Ordinance Modifying the Commercial and Employment Chapters of
the Ashland Land Use Ordinance Regarding Restaurants, Nightclubs and Bars."
Council dealt with this item at the end of the public hearing portion of the agenda.
OTHER BUSINESS FROM COUNCIL MEMBERS
CmUlcil discussion regarding procedure for noticing. Suggestion was made, that notices be placed in both the Tidings
and Mail Tribune newspapers. Staff was instructed to bring back costs associated with a change in procedure for
notiJying.
Councilor Hagen noted that the recycling center would no longer be able to take "grey" paperlboard.
Council reminded of goal setting session to begin at 8:30 a.m. tomorrow at Stevenson Union, SOU.
Council discussed the need to listen to department head presentations after the adjournment of this evenings council
meeting. Mayor explained the reason this was initially noticed this way, was because she and city attorney Paul Nolte
were expecting to have to leave the goal setting session early. Golden stated that it became known earlier today, that
they would not have to leave the goal setting session early as expected, and that she had requested Interim City
Administrator Greg Scoles to advise department heads that they would not have to give any presentations after the
cOlmcil meeting.
City COWlcil Meeting 2..03-98
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Councilor Reid voiced frustration on the proposed change of plans, as she had made plans to leave the goal setting
session early.
Mayor explained that the council had not been told that the goal setting session would be scheduled for any other time
but the announced 8:30 a.m. until 5 p.m. time. That the change to have department heads give their presentation at the
time of goal setting is the preferred method, if possible. Councilor Laws stated that he preferred to not "chop up" goal
setting and did not want to lose the momentum that is usually achieved at the goal setting sessions.
Council discussed the need to spread out the goal setting session. Council consensus was to hear department head
presentations at the scheduled goal setting session.
Council DeBoer clarified that the original Budget Committee meeting date was rescheduled to February 12th, 7 p.m. at
the Senior Center.
ADJOURNMENT
-Meeting was adjourned at 9:07 p.m.
Barbara Christensen, City Recorder
Catherine Golden, Mayor
City COWlcil Meeting 2..03-98
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Tom Ramoss
Tom has served in the Water Quality Division for the past thirty-
four years. Much of this time he has served in the capacity as
an equipment operator. During his tenure with the city, Tom has
operated backhoes, crawler tractors, loaders, dump trucks, sludge
trucks, mechanical rodders, jet rodders, as well as many smaller
tools of the trade.
Unlike many professions where the work accomplished is visible,
most of the work performed or accomplished by Tom is invisible to
the public eye, because it is buried. It is a part of the
"underground" Ashland that brings water to and away from our
communities homes and businesses. Tom has served long and
faithfully in this effort.
In his years of service, Tom has helped to put the water and
sewer facilities back together after two floods. These were the
floods of 1974 and 1997. In addition to this, he also served
many years as a "Water Duty Man", who responded to emergency
calls after normal working hours.
The past thirty-four years of service by Tom, represents a
commitment of dedication, loyalty, and sacrifice, to the
community and the city which he has served.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
JANUARY 13, 1998
CALL TO ORDER
The meeting was called to order by Chairperson Barbara Jarvis at 7:05 p.m. Other Commissioners present
were Bass, Gardiner, Howe, Chapman, Armitage, Briggs, and Morris. Staff present were Mclaughlin, Molnar,
Harris and Yates.
APPROVAL OF MINUTES AND FINDINGS
Howe moved to approve the Minutes of the December 9, 1997 Regular meeting and the Findings for PA97-
066 and PA97-Q91. Gardiner seconded the motion and everyone voted in favor.
Briggs noted a typographical error in the Findings for PA97-Q91 (City of Ashland. at Mountain Avenue and
B Street on page 1, 2), the word in the second line should read "been".
Armitage moved to approve the Minutes and Findings for the December 9, 1997 Hearings Board. With
regard to PA97-Q75 (Mcintosh), it was clarified that the cart can remain open until December 1st in order
to take advantage of the event that occurs the weekend after Thanksgiving. The cart is not to remain open
for the entire Festival of Lights. Briggs seconded the motion and they were approved.
PUBLIC FORUM
Mclaughlin announced elections will be held for Chair, Vice Chair and Second Vice Chair at next month's
meeting.
According to Mclaughlin, an appeal was filed by the Rogue Valley Association of Realtors to the Land Use
Board of Appeals on the hillside ordinance, Staff compiled and mailed the record which was about 1700
pages.
TYPE II PLANNING ACTIONS
PLANNING ACTION 97-088
REQUEST FOR SITE REVIEW AND OUTLINE PLAN APPROVAL UNDER THE PERFORMANCE
STANDARDS OPTION FOR A 49 UNIT MIXED DENSITY RESIDENTIAL DEVELOPMENT FOR THE
PROPERTY LOCATED ON WILLIAMSON WAY AND HERSEY STREET
APPLICANT: DOUG NEUMAN
Site Visits and Ex Parte Contacts
Site visits were made by all,
STAFF REPORT
Molnar reported there is quite a lengthy history on this property and that has been outlined in the Staff
Report.
This is a 7.2 acre parcel located on the south side of Hersey Street. The applicant is requesting 49 mixed
housing units, 27 lots for single family detached home construction and 22 townhomes in 11 duplex
buildings.
Circulation will be provided by extending Williamson Way to the east and ultimately connecting to the
intersection of Starflower and Larkspur which are currently deveioped in the subdivision to the east. Another
access point to the property would be from Hersey Street south along Starflower which will ultimately
connect to the streets in Mountain Creek Estates. A notable feature on Starflower Lane is the 24 inch oak
tree.
Five units will be accessed from Rogue Place which will be a new street that will go downhill to the north
towards Hersey Street and will end in a turnaround.
The property is part of an 11 acre parcel that was partitioned into two pieces. Part of the partition included
the dedication of right-of-way (Rogue Place) which will ultimately service the four acres of E-1 zoned
property. This was part of the mediation agreement.
Most of the 22 town homes are oriented toward Starflower Lane or Hersey Street with a public or private alley
system constructed behind the units to access the garages to each. unit.
A central open space has been incorporated which is part of the mediation agreement along with a
pedestrian path. The applicant has indicated a path coming up from Hersey between units 1 and 3 which
will tie into a public sidewalk system along Rogue Place. It is not noted on the site plan, but part of the
mediation agreement requires a pathway that extends through the open space as well.
Twenty-seven single family residences will be constructed in the first phase which will require the extension
and improvement of Williamson Way to Starflower and Larkspur. There is a requirement that Rogue Place
be dedicated with the improvements completed or bonded, as well as the open space improvements
constructed.
A landscape plan and irrigation plan has been provided. Because of the sloped nature of the property,
mostly native species will be used,
Phase two will include the townhomes and construction of the public alleys to serve the garages behind the
homes.
A local arborist has evaluated the ten oak trees on the property and found the health to be questionable.
The Tree Commission has evaluated them as well and has suggested remedial pruning but more than likely
many of the trees are in such a bad state they may not live. The current proposal includes trying to protect
and save at least six of the ten trees with four of the trees being proposed for removal.
The application is in overall compliance with the Performance Standards Option and the mediation
agreement. The density is well within the 76 maximum units agreed upon in the mediation agreement. All
the public facilities needed to serve the project are in place.
Molnar discussed in the Staff Report some areas requiring more review.
Orientation of units 20-25. Most of the units front directly on the street but because of the curved nature
of Williamson Way, the units have been pulled back from the street with fairly lengthy driveways tequired
to access the garages. The driveways have been proposed to be paved with two concrete strips. Staff is
concerned with the practicality of the driveway length that is curving at the same time. It could present
difficulty in backing out and trying to keep car wheels on the concrete strips. When a potential property
2
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MtNUTES
JANUARY 13,1998
owner comes in for a building permit, he/she will find it easier to pave the driveway to its full width. The
project is subject to the City's site design standards which requires orientation of the homes toward the
street with a strong relationship between the architecture and the street. In some cases, as with unit 21 and
24, they are oriented more towards the side yard of the adjacent unit. Rather than staying with the same
design that has been repeated throughout the other single family homes, maybe a custom design would be
more suitable.
Open Space. The six units on one side of the open space are set back about five to seven feet. The swath
of open space is 40 feet in width (similar to two rear yatd setbacks of 20 feet each). It is designated for
open space but if it were not fot the fact that there are not fences, it is really no wider than the normal
separation between two, two-story homes. It might be better to look at a normal setback from the open
space (ten feet per story). Staff would like the open space to function as open space.
There was a similar situation on Dogwood Way which had a narrow open space behind the buildings. The
yatd became difficult to maintain because it was so narrow. Eventually the homeowners approached the
Commission and were granted approval to give the open area to each homeowner as a rear yard area.
Pedestrian Walkwav at North End of ROQue Place. A sidewaik is proposed on the east side of Rogue Pi ace,
It will cross behind the garages of units 1 and 2, enter the open space, and then down Hersey Street. Staff
thought there might be a better way to form the connection instead of going through the driveway access
to three different garages, There is a conflict between the paved driveways, the turning movements in and
out of those garages as well as the turnaround area at the end of Rogue Place.
Howe questioned the decreased density, asking why there are alrnost half the number of units that would
normally be appropriate, Mclaughlin said there is no minimum density ordinance. Throughout the process
on this property, density has always been an issue. The mediation was designed around an apartment style
development. The proposal tonight is based on a different style based on current marketing trends. Also,
there are grade issues too.
Howe noted the public lane and Rogue Place is a cui de sac. Molnar said the public lane that ends in a
turnaround allows for limited access on Hersey Street and the units can be oriented towards Hersey SUeet
without having separate driveways. The turnaround has met Fire Department requirements. Staff felt the
lane will give rear access to the properties and not so much that a dead end situation has been created,
Molnar said with regard to the extension of Rogue Place, the mediation agreement discussed having only
one entrance onto Hersey Street as theta is not a good location to bring another road into Hersey Street
because of vision clearance problems.
Armitage said it appears there will be a solar issue with unit 25 too and should be added to Condition 7.
Briggs believes Rogue Place is a cui de sac that exceeds the five hundred foot limit that is allowable.
Mclaughlin said since there is a connecting street, the measurement is made from Williamson Way to Rogue
Place.
Jarvis asked for an explanation of (9) in the Mediation Agreement. Mclaughlin noted the Exhibit A Mediation
map, in the top right hand corner (18 apartments) that is the only ingress/egress agreement that was done
as far as mediation. While the cui de sac is shown on the map, it was not agreed to by all the parties so
the condition states as much. That uitimately led to the connected streets.
3
ASHLANP PLANNING COMMISSION
REGULAR MEETING
MINUTES
JANUARY 13, 1998
Jarvis inquired about the site review committee as mentioned in (14) of the Mediation Agreement.
Mclaughlin said Mark Murphey, Dave Sebrell, Mike Mahar, Paui Mace, Doug Neuman (applicant), Tom
Giordano (applicant's agent) met and reviewed the application. They discussed the specifics of the
mediation agreement and some modifications were made. Agreement appeared to have been reached at
those meetings.
Bass wondered if there were plans for a sidewalk along Hersey. Darex agreed to construct a sidewalk when
they begin expansion. The connection is indicated on the City's Transportation System Plan.
PUBLIC HEARING
TOM GIORDANO, 157 Morninglight Drive, agent
DOUG NEUMAN, 4240 Clayton Road, Ashland, applicant
Giordano said they were constrained somewhat by the mediation agreement. He believes this plan was
more acceptable to the site design committee than the original apartments that had been proposed. The
committee wanted to see a road that would extend Rogue Place all the way through the E-l property, (not
presently owned by the applicant) which the applicant is willing to do, all the way to the railroad property.
A six foot high fence is proposed along the other portion of the E-l property. A pedestrian path is being
provided through the open space.
Giordano thought there could be some minor refinements so the front yards are not as far back as shown.
They should still be able to be within the ten percent modification between Outline Plan and Final Plan. He
thought there could be minor adjustments made also to the townhomes by offsetting the buildings to provide
a little more space in the backyards, also within the ten percent.
There should be an opportunity by narrowing some of the lots so an area couid be opened for a pedestrian
path around lots 1 and 2.
If Rogue Place was to be extended to Hersey, there is a dramatic dropoff between unit 1 and Hersey Street.
There would be no way to put a road through there. Looping it to the other alley would disrupt the open
space.
NEUMAN, said they are trying to create a neighborhood that is compatible with other neighborhoods.
Briggs said there are no cross sections or elevations in the packet. She would like to see how the area of
lot 1 falls away and why it could not be engineered for access. She is a fan of Andres Duany, a planner who
advocates the grid system being the best way to create good neighborhoods. Giordano said there is no
way a road could meet city standards for grade that would connect Rogue Place to Hersey Street because
of the severe dropoff. Briggs asked if the cross section was in the packet. Giordano said "no" He said
topography needs to be considered and thought needs to be given to excessive cutting and grading
needed. Molnar said the difference in elevation is probably 12 feet which necessitates a seven or eight foot
cut.
Gardiner asked how they would adjust the orientation of townhouses 44-47 to take the pressure off the open
space. Neuman said the slope in the open space is about 33 percent which will create a natural barrier.
The space will have a pedestrian path but will not be suitable for a play area.
4
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
JANUARY 13, 1998 .
Howe noted that un~ 45 is so far from any sidewalk that ~ does not even have its own entrance. Giordano
said ~ could be moved forward,
Howe noticed that the driveway apron is squared and backing out could be difficult. Giordano said the
sides can be flared and this can be shown at Final Plan.
Armitage said unit 49 does not appear to have room to stagger. Giordano said some units will not be able
. to be moved. Armitage said Condition 11 is worded "10 feet per story per building". Giordano could do it
with units 45-48.
Jarvis asked abou1 on-street parking. Molnar said they are roughly two spaces short. It appears the right-
of-way could be taken care of as part of the engineering.
Giordano said Pete Seda looked at the s~e, There is not a written evaluation, The trees are all scrubby bu1
they will attempt to save as many trees as possible. The landscape plan shows more than an abundant
replacement of the trees. Jarvis asked for a written evaluation by the arborist and Giordano said he would
comply.
Jarvis asked abou1 solar access for units 38-43. Giordano said in shortening the driveways (units 20-25),
that might help solar access.
Jarvis is concerned abou1 the plan changing more than ten percent and this becoming planning by
committee. They do not have something they can approve because it is not in front of them, Giordano said
evetylhing, with the exception of realigning the road, is within the ten percent. Mclaughlin said Outline Plan
can be approved and all the issues brought up can be brought back at Final Plan.
MARK MURPHEY, 492 Lynn Street
PAUL MACE, 345 Clinton Str.eet, said he owns the building at 400 Williamson Way.
Mace explained he and Murphey are two of the parties who have been a part of the mediation process
which began in 1989. He wanted the Commission to be aware that some of the questions that have been
asked tonight are a result of some mistakes probably made ou1 of naivete in the process of bringing this
original project to mediation, The Planning Commission approved a zone change on this property which
at the time was all E-l. The compelling public interest at the time is that infrastructure be put in place on
the section of land that remain E-l to make that land more developable, The project was not built, the zone
change was made, the E-l property that remains except the small lot, has been sold and that property is
the subject of litigation. We are left with a proposal that is substantially different from the original proposal.
After another round of negotiations and a couple of compromises, the developer will either bond or pay for
the extension of Rogue Place to the SP line. It does not represent anywhere near what the expectation was
when the original proposal went through and so in the end, Mace reluctantly agreed to the proposal
presented tonight.
He would hope in the fu1ure, when weighing public interest in making trade-offs in the hopes something will
be gained by granting concessions for development of a piece of property, that the City jCommission have
thought through the potential legal issues for the future development if the original development does not
happen,
Murphey was one of the original appellants of the first project. He is in favor of the project because it is
5
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
JANUARY 13, 1998
what was agteed to in the site review meeting held in the Planning Commission offices which complies with
the mediation agreement. During the process, some things changed as Mace mentioned. Substantial
changes had been made to the original plan. Everyone had concerns about the road. The fence was part
01 the original agreement. He is in lavor of this project as it stands at present. He would like all 01 the
record lor this planning action, going back to the 1989 to be part 01 the record as well as the Mediation
Agreement.
He thanked Mike Mahar and Doug Neuman lor trying to accommodate the neighbors and limiting the size
01 the development to lit more into the neighborhood. He thinks it would be a mistake to change the
density.
Staff ResDonse
Molnar said this project includes improvements along the Hersey Street Irontage, including continuation 01
curb, sidewalk, and parkrow.
Molnar believes three or lour 01 the live trees to be retained are in open space areas and the landscape
designer thought those trees would see the benelits 01 the pruning, In addition, there will be wider than
normal right-ol-ways to allow lor nine loot wide parkrows, giving the applicant an opportunity to plant large
stature trees.
COMMISSIONERS DISCUSSION AND MOTION
Armitage said he is not concerned about the ten percent and would be willing to exclude lots 44 and 49
under Condition 11.
Briggs lelt enough adjustments needed to be made to warrant a continuance,
Bass and Gardiner agreed with Armitage.
Since there was consensus the Commission decided to let the applicant proceed and il at the time ollinal
plan review, the changes are over ten percent, the lull commission will review it. Howe reiterated the
Conditions. Condition 11, units 44-49 are replaced by 45-48. Add Condition 21 that pedestrian walkway
extend through the open space connecting Hersey to Larkspur and also to extend a pedestrian access up
to Williamson Way through units 7 and 8. Add Condition 22 that the orientation 01 units 20-25 would more
directly address the street. Howe moved to approve the above. Armitage seconded the motion and it
carried unanimously.
PLANNING ACTION 97-100
REQUEST FOR A SITE REVIEW FOR THE CONSTRUCTION OF A 7800 SQUARE FOOT CllY OFFICE
BUILDING
1175 EAST MAIN STREET
APPLICANT: CllY OF ASHLAND
Site Visits and Ex Parte Contacts
All Commissioners had a site visit.
Briggs teported lour years ago she sat in on the Ad Hoc Space Needs Committee meetings.
6
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
JANUARY 13, 1998
STAFF REPORT
Molnar stated the applicable criteria for Site Review are found in Chapter 18.72, and notice was sent to
property owners within 200 feet. The packet contains the history of this site. The hearing was originally
scheduled for November. It was pulled off the agenda because there was some uncertainty whether the
City Council had directed Staff to go ahead with the site review application. The Council had a study
session and indicated an intention to pursue the site review approval. There was no formal vote. At the
December 16, 1997 Council meeting, they voted for Staff to process a site review.
This is a scaled down version of the 10,000 square foot building that was leviewed in 1993. The intent is
to house public works, fire and computer services. The building will be located behind the Council
Chambers in the lawn area off the patking lot. It is a single story building area with a small loft area to
house mechanical equipment. The materials and design are similar to the existing campus buildings.
In October, a request for a public hearing was filed, The request stated various items were not complied
with. There is a lengthy list of tequirements for site review, but Staff oftentimes take the liberty to base some
assumptions on information that is already known and not requiring it on the plans. For example, utilities,
storm sewer systems are in place and Staff knew they existed and did not require that information.
Staff re-evaluated the off-street parking and found that even with the construction of the proposed
Community Works building, the parking requirement can still be met.
01 the 8.5 acres involved, 6.8 acres are covered by buildings, paving, and other impervious surfaces.
Roughly, 1.6 acres or 20 petcent would be landscaped. This is based on the assumption the Community
Works building will be built.
A transit stop is only a half-mile away. A quarter-mile would be the best, however, the ordinance does not
set a minimum or maximum distance required for site review approval.
Staff felt there was sufficient information to make a finding by the Commission that the requirements of the
Site Review Chapter have been met and Staff recommends approval with the attached six Conditions.
Molnar suggested modification of Condition 2 to change to "six covered bike parking spaces" and "six
additional spaces be provided".
Jarvis noted that Thompson submitted a letter stating parking is in the front of the building and does not
conform to the site design standards. Mclaughlin said the doorway faces East Main.
Howe mentioned that it is difficuit to park a second bike on the existing bike racks without standing on the
lawn, She believes these tacks only function for one bike. Molnar said one side probably does not meet
the separation standard. The Condition could be reworded: That bike parking be brought up to the
standards in accordance with 18.92.
Bass wondered, as this part of the City develops along East Main and Mountain Avenue, what does the
Transportation Plan say about transit serving the area? Mclaughlin said the plan ultimately is to provide
transit on greater routes throughout the City and East Main is an arterial which would be likely. Chapman
said with the development on North Mountain, it is time to look at public transportation of the area.
Mclaughlin said he does not believe by moving public works, administration, and engineering from the
7
ASHLAND PLANNING COMMISSION
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downtown to this location as well as fire administration is out of compliance with the Downtown Plan,
PUBLIC HEARING
GARY AFSETH, 313 Ravenwood Place, Ashland, architect, explained that the floor plan may change but the
exterior dimensions would remain the same. There is potential for expansion at a later date.
RICK VEZIE, 446 Walker, distributed copies to the Commissioners items required for site review (18.72.060).
He highlighted portions that were completed by the applicant and items not highlighted are the items not
provided. He believes the application is incomplete, There are substantial components that are missing.
Vezie asked Mclaughlin if Vezie turned in an appliCation that was this incomplete, would it be acceptable?
Mclaughlin said it would depend on the nature of the application and what it is. Vezie wondered if the
parking lot for this facility is closer to East Main than the front of the proposed facility. Mclaughlin affirmed.
Vezie said there should be a complete site plan with lot dimensions so it can be reviewed by the average
citizen. He would like to see the City assume a leadership role by setting an example,
Armitage asked Vezie what critical things are missing. Vezie responded that the proposed Community
Works building is not shown on the site plan even though it is proposed for construction, Also not shown
are: parking, ingress and egress on the site, fire hydrants, lot layout and dimensions for all lot Iines(g, i, j,
and 0),
BRENT THOMPSON, p, O. Box 201, Ashland, explained that he does not believe the application meets
criteria A under site review (All applicable city ordinances have been met and will be met by the proposed
development.) This application cannot be reviewed as any other application. There are overview documents
that dictate what the City does. Therefore, there is a diffetent standard that should apply, Everyone may,
at some time or other have to visit a City office. This differs from a privately owned operation,
He does not believe the application conforms with the Transportation Plan. He drove from the site to the
closest bus stop, It was over one-half mile, The Transportation Plan is quite clear that it should be between
one-quarter and one-half mile, therefore, it does not conform to that element. It is important to look at
transportation because everyone could visit the facility,
Thompson said the Downtown Plan and the Comprehensive Plan have to be considered applicable City
ordinances, Some functions (city government) may have to be relocated from the existing City Hall,
according to the Downtown Plan, however, no license is given to move them from the traditional center of
government in Ashland, This is an overriding document that is dictating to the City after many houts of
public meetings as to what is going to be done with government operations. The wording, "the continued
presence of municipal government" ties it to lhe downtown and therefore the people, and infers that if
government is not in the downtown, it is being removed from the people and that is against the public policy
in Ashland. The application does not meet criteria A. Tradition dictates that government be in the
downtown.
Thompson noted Criteria B, "all requirements of the site review chapter have been met". In any site review
ever done, when there is the option, parking should be at the side or behind the building. Parking would
be far better if located behind the Council Chambers,
ASHLAND PLANNING COMMISSION
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8
JOHN FIELDS, 845 Oak Street, wondered why we are here. He had a detailed site review application
scheduled this month that was withdrawn because it was inadequate. Does the City hold itself to higher
standard in how we regard public buildings? Where is the entry and how does it address the streetscape?
How does pedestrian accessibility of this project greet the street? Now that we have resolved that City Hall
will remain downtown and this is the expansion of the campus, will the Commission address the basic
architectural and site flaws according to how we are prescribing private developers to develop their site?
The entire campus in relationship to the street is three to four feet below grade. He did not see a to po map.
In a city "Whete Green Becomes Mainstream", Fields questioned why clear vertical grain cedat, old growth
forests for siding with no eaves to protect it, giving IT a 50-60 year lifespan would be approved for a building.
Look at the life cycle cost and ask where the energy efficiency is. If this were a private developer, there is
no way this application would be approved. What is more California architecture than uneaved walls using
clear vertical grain. It is a quintessential civic center of California.
Fields' real criticism is process. The Commission is reviewing a decision that was made in the early 1970's
about how to expand City Hall when in fact, there have been changes in the political landscape and value,
making this worthy of further review,
RON ROTH, 6950 Old Hiway 99 South, Ashland, explained he was part of the process four years ago. He
believes transportation is a critical issue. He takes ptide in living in a progressive community and does not
see how this can be built one-half mile from public transportation. Roth mentioned #4 of the public hearing
format - failure to participate. Has the applicant really participated tonight? If it is like any othet building,
Planning Staff cannot be the applicant. On the application, Brian Almquist is the applicant, but has retired.
The acting City Administrator is not present. Mclaughlin said at one point the City Council is the applicant
but there are no City Council persons present. Before the opposition speaks, those in favor get to speak,
but there was no one in favor. Gary Afseth's presentation would have to be as the applicant. Did the
applicant participate?
With a public process, the Planning Commission should be part of the planning process and their personal
opinions about whether or not we should move City functions from downtown, is a very important criteria.
The idea of moving City offices away from the downtown core is an idea of the 1960's and 70's. Medford
has moved so much out of downtown, no matter how hard they try, there is still really no downtown. If
there are ten or 30 or more people working at the East Main site, especially without public transportation,
there are going to be important transportation issues. He believes City functions should remain downtown
as much as possible.
Roth believes a space needs master plan is needed. The committee should Include a couple people from
the Planning Commission, a couple from the City Council, City staff people, Including, but not limited to the
Fire Chief and the Planning Department, along with private citizens.
BOB TABER, 97 Scenic Dtive, said this is a significant issue for planning. It does not just represent whether
or not we build at the civic center, but whether or not we further erode the presence of the government from
the downtown location. He believes all the City ordinances have not been met. According to the history
he has, there has been very little public input given to whether or not any sort of a building should be built
at the civic center site. In 1993, there was a great deal of opposition to building on the civic center site.
At that time, the City did enter into a resolution agreeing to adhere to six conditions, That was not
accomplished. It would indicate the Council has no regard to public input because they did not adhere to
ASHLAND PLANNING COMMISSION
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9
the agreement they signed. There are available spaces in the downtown.
Howe moved to continue the meeting until 10:30 p,m. Bass seconded the motion and it was approved,
Staff ResDonse
Mclaughlin said the issues raised by Vezie are valid and some of the items are incomplete and he would
request a continuance to allow the applicant to provide additional information, The City Administrator filed
the application on behalf of the Council. Bass said he was rather shocked to find there was no one here
representing the application, Mclaughlin waived the 120 days, He does not believe the issues raised are
substantive.
Would the Commission like more discussion regarding orientation to the stteet? Bass said the site design
standards describe the situation exactly the same as this parking lot as a situation we would not want.
Armitage moved to continue, Gardiner seconded the motion and it carried unanimously.
Commissioners discussed the items they would like to see at the next meeting. They would like to see a
complete application, Bass is concerned with orientation of the building, He is not convinced, based on
the information presented tonight, that it is consistent with the Downtown Plan. He would like information
showing it is consistent with that plan. Howe would like to see a site plan. Since the Commission was
looking at a City site at the last meeting and now this, she is beginning to think this applicant is trying to
come in on a piecemeal basis without taking a broad view of the campus. Howe, as proposed, has some
specific areas that seem to be barriers to accessing the building rather than easing the access. There are
places where the walkways jog around planters in order to make it more difficult than ever to figure out
where the front door is. This kind of design is indicative that public access should be made a little more
difficult than need be, She wants signs and handicap access with very easy access, Howe does not believe
this application can be reviewed like any other application. As a Planning Commissioner, she believes her
. higher purpose is to plan the City the best way possible, Given the Mark Antony, the parking lot of the Elks
building, the Hillah Temple, is it impossible for the City to adhere to the downtown plan?
Chapman would like the applicant to have made contact with RVTD about including this site as part of a bus
route,
Briggs like Howe's comments. She would like a map to include the storage area across the street and the
footprint for the teen center, She would like the architect to refine the building. Armitage would like some
very specific transportation information, How far is the nearest bus stop? Orientation of the building is
extremely important to him, Do the building materials, design, fit what we are doing? Have the plan
requirements been fully met? What is the location and existing size of existing public areas?
Jarvis believes the City should be held to a higher burden of proof.
Mclaughlin said this would probably not be completed in 30 days.
OTHER
Election of Officers
Armitage announced he does not intend to leave the Commission in May.
10
ASHLAND PLANNING COMMISSION
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StudY Session
Wednesday, January 21 st, the Council is having a study session on the water supply for the City,
January 27th, there will be a public forum organized by the Communications Commission regarding future
water use. The Commissioners are strongly encouraged to attend,
ADJOURNMENT
The meeting was adjourned at 10:30 p.m.
11
ASHLAND PLANNING COMMISSION
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ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
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CALL TO ORDER
The meeting was called to order by Mike Gardiner at 1 :35 p.m., Other Commissioners present were
JalVis and Howe. Staff present were Molnar, Knox, Harris and Yates,
TYPE I PLANNING ACTIONS
PLANNING ACTION 98-003
REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW TO CONSTRUCT AN
ACCESSORY RESIDENTIAL UNIT
949 CEDAR WAY
APPLICANT: SUSAN JAY
This action was approved,
PLANNING ACTION 98-004
REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO TWO LOTS
503 BEACH STREET
APPLICANT: WALLACE C. AND EVA M. CANNON
Add a Condition that the shed be removed (Condition 9). This action was approved.
PLANNING ACTION 98-005
REQUEST FOR FINAL PLAN APPROVAL FOR A SEVEN LOT SUBDIVISION UNDER THE
PERFORMANCE STANDARDS OPTION
25 WESTWOOD STREET
APPLICANT: ANNA HASSELL
Under Condition 1, Howe asked the applicant be held to a typical elevation, Condition 2, add wording
"cost of improvements" and Condition 9, add "as indicated on the exhibit".
PLANNING ACTION 98-008
REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO TWO LOTS WITH A FLAG
DRIVE ACCESSING THE REAR LOT FROM FORDYCE STREET
520 FORDYCE STREET
APPLICANT: JANE HARDGROVE
Delete the following sentence in Condition 7: "That the properties sign in favor of future street
improvements to Fordyce Street."
PLANNING ACTION 98-009
REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW TO CONSTRUCT AN
ACCESSORY RESIDENTIAL UNIT WITH ACCESS VIA THE ALLEY BETWEEN GRESHAM AND
MEADE
372 IOWA STREET
APPLICANT: STEVEN M. MEEKS
This action was called up for a public hearing,
PLANNING ACTION 98-011
REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW FOR AN ADMINISTRATIVE
OFFICE USE TO LOCATE THE REGIONAL ECOSYSTEM APPLIED LEARNING CORPS (REAL
CORPS) ADMINISTRATIVE ACTIVITIES 380 WIGHTMAN STREET
APPLICANT: SOUTHERN OREGON UNIVERSITY
This action was approved,
PLANNING ACTION 98-014
REQUEST FOR FINAL PLAN APPROVAL FOR A SEVEN-LOT SUBDIVISION UNDER THE
PERFORMANCE STANDARDS OPTIONS FOR THE PROPERTY LOCATED ON TOLMAN CREEK
ROAD, ACROSS FROM BARBARA STREET
APPLICANT: ANDREA SHAPIRO
Condition 8 should read: ''That the tOO-year floodplain be designated as a Conservation/Natural
Drainageway Easement and indiciated on the final survey plat."
ADJOURNMENT
The meeting was adjourned at 2:00 p.m.
2
ASHLAND PLANNING COMMISSION
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JANUARY 13, 1998
"
"
MEMORANDUM
CITY OF ASHLAND
Administration
Office of the City Administrator
DATE:
February 9, 1998
FROM:
Honorable Mayor and City Council
Greg Scoles, Interim City Administratotl!
Agreement between the City and o~/)T for the maintenance of
traffic signal at E. Main and Mountain Avenue
TO:
RE:
Background
The City has recently completed the installation of a traffic signal at the intersection of
E. Main and Mountain Avenue. ORS 366.770 and 366.775 allows the Department of
Transportation (ODOl) to enter into a maintenance agreement with the City for this
type of facility. The City desires to utilize ODOT's expertise in this area to ensure
adequate maintenance of this facility.
Recommendation
Staff recommends that Council authorize the City Administrator to sign the attached
maintenance agreement.
.
,
February 4, 1998
Misc. Contracts & Agreements
No. 16159
MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON,
acting by and through its Department of Transportation, hereinafter referred to as "ODOT"; and
THE CITY OF ASHLAND, acting by and through its Elected Officials, hereinafter referred to
as "City".
WITNESSETH
RECITALS
1. E. Main Street and Mountain Avenue are part of the city street system under the jurisdiction
and control of City.
2. By the authority granted in ORS 366.770 and 366.775, State may enter into cooperative
agreements with the various counties and cities for the performance of work on certain types
of improvement projects with the allocation of costs on terms and conditions mutually
agreeable to the contracting parties,
NOW, THEREFORE, the premises being in general as stated in the foregoing RECITALS, it is
agreed by and between the parties hereto as follows:
TERMS OF AGREEMENT
1. For the purpose of improving traffic circulation patterns on public highways and streets, City
has erected a traffic signal at the intersection ofE, Main Street and Mountain Avenue,
2, ODOT and City desire to enter into this agreement wherein ODOT shall provide
maintenance for the signal located at the aforementioned intersection of city street,
hereinafter referred to as "project", The location of the signal is approximately as shown on
the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof.
3, This agreement shall become effective upon execution of this agreement by all parties and
shall remain in effect for the purpose of ongoing maintenance and power responsibilities for
the useful life of the facilities constructed as part of the project,
Agreement No, 16159
City of Ashland
CITY OBLIGATIONS
1. City hereby grants ODOT the right to enter onto and occupy city right-of-way for the
performance of necessary maintenance for the traffic signal equipment, including detector
loops and illumination affixed to or powered from the signal.
2. City shall maintain the asphaltic concrete pavement surrounding the vehicle detector loops
installed in the city street in such a manner as to provide adequate protection for said detector
loops.
3. City shall pay for 100 percent of all power required to operate the traffic signal at no expense
to ODOr.
4. Upon receipt of annual billing from ODOT, City shall reimburse ODOT for 100 percent of
maintenance costs of the traffic signal.
5, City shall enter into and execute this agreement during a duly authorized session of its City
Council.
6, City shall, to the extent permitted by the Oregon Constitution and by the Oregon Tort Claims
Act, indemnify, defend, save, and hold hannless the State of Oregon, the Oregon
Transportation Commission and its members, the Department of Transportation and its
officers and employees, from any and all claims and other liabilities which may arise in the
performance of this agreement.
7. City, its consultants or subcontractors, if any, and all employers working under this
agreement are subject employers under the Oregon Worker's Compensation Law and shall
comply with ORS 656.017, which requires them to provide Workers' Compensation
coverage for all their subject workers. .
8, City agrees to comply with all federal, state, and local laws, regulations, executive orders and
ordinances applicable to the work under this agreement, including, without limitation, the
provisions ofORS 279.312, 279.314, 279.316, 279.320 and 279.555, which is incorporated
herein by reference, Without limiting the generality of the foregoing, City expressly agrees
to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Section V of the Rehabilitation
Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659.425; (iv) all
regulations and administrative rules established pursuant to the foregoing laws; and (v) all
other applicable requirements of federal and state civil rights and rehabilitation statutes, rules
and regulations,
9. City acknowledges and agrees that ODOT, the Secretary of State's Office of the State of
Oregon, the federal government, and their duly authorized representatives shall have access
to the books, documents, papers, and records of City which are directly pertinent to the
2
~
Agreement No. 16159
City of Ashland
specific agreement for the purpose of making audit, examination, excerpts, and transcripts
for a period of three years after final payment. Copies of applicable records shall be made
available upon request. Payment for costs of copies is reimbursable by OOOT.
OOOT OBLIGATIONS
I. OOOT shall perform all necessary maintenance of the traffic signal located at the
intersection listed in Terms of Agreement, paragraph 1, and as shown on Exhibit A.
2, OOOT shall annually bill City for 100 percent of all maintenance performed on the traffic
signal.
GENERAL PROVISIONS
1. This agreement may be terminated by mutual written consent of all parties.
OOOT may terminate this agreement effective upon delivery of written notice to City, or at
such later date as may be established by OOOT, under any of the following conditions,
but not limited to these conditions.
a) If City fails to provide services called for by this agreement within the time specified
herein or any extension thereof.
b) If City fails to perform any of the other provisions of this agreement, or so fails to
pursue the work as to' endanger pert'ormance of this agreement in accordance with its
terms, and after receipt of written notice from OOOT fails to correct such failures
within ten (10) days or such longer period as OOOT may authorize.
c) If City fails to reimburse OOOT for the maintenance costs of the traffic signal,
d) If OOOT fails to receive funding, or appropriations, limitations or other expenditure
authority at levels sufficient to perform the maintenance of the traffic signal.
e) If federal or state laws, regulations, or guidelines are modified or interpreted in such
a way that either the work under this agreement is prohibited or if OOOT is
prohibited form paying for such work from the planned funding source.
2. This agreement and attached exhibits constitute the entire agreement between the parties on
the subject matter hereof. There are no understandings, agreements, or representations, oral
or written, not specified herein regarding this agreement. No waiver, consent, modification
or change of terms of this agreement shall bind either party unless in writing and signed by
both parties and all necessary approvals have been obtained. Such waiver, consent,
modification or change, if made, shall be effective only in the specific instance and for the
3
Agreement No. 16159
City of Ashland
specific purpose given. The failure of ODOT to enforce any provision of this agreement shall
not constitute a waiver by ODOT of that or any other provision.
IT WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of
the day and year hereinafter written.
The Oregon Transportation Commission on December 17, 1997, approved Subdelegation Order
No.2, in which the Director grants authority to Branch and Region Managers to approve and
execute agreements up to $50,000 for projects included as a line item in the approved biennial
budget.
APPROVAL RECOMMENDED
STATE OF OREGON, by and through
its Department of Transportation
By
By
Region Manager
State Traffic Engineer
Date
Date
APPROVED AS TO FORM
CITY OF ASHLAND, by and through
its Elected Officials
By_fi)Jq
By
Title:
City Counsel
t.-62d7~
By
Title:
Date
Date
4
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EXHIBIT A --------
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Location of
Traffic Signal
~:%;,"jj,,"jj'W;\\\S\Sf,{{f""';Jlkmmm,ms:
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MEMORANDUM
CITY OF ASHLAND
Department of Public Works
Public Works Administration
DATE:
February 13, 1998
TO:
Honorable Mayor and Members of the City Council
Paula C. Brown, PE, Public Works Director I City Engineer (~
APPROVAL OF AIRPORT FIXED BASE OPERATOR AGREEMENT
FROM:
RE:
Attached is the proposed amendment to the Ashland Airport Fixed Base Operator (FBO) agreement, Bob
Skinner has been.our FBO for the past five years and his agreement was up for renewal on January 31. 1998,
We have spent the past three months negotiating the amendments and feel this represents a fair agreement to
both Bob and the City.
The amendments are minor and explained on the attached document, There are three primary changes:
Iiming: Instead of two extension periods, we are offering three 5-year extensions to provide the FBO
more flexibility with his operations. The City benefits in that the FBO remains more stable. with
continued services.
Utilities: The City will pay the water and half of the garbage charges (with a caveat that the City will
not pay more than the amount for a two can commercial refuse rate). This change was made to
accommodate watering the landscaping and the weather station, and ensure that the area is kept up and
accessible to all airport visitors and users,
Imorovements: For the past few years there have been discussions regarding privately built and
owned improvements for large hanger operations. Although no decision has yet been made to this
opportunity. we are recommending that the option be available to the FBO as well, The amendment
reads that the City and FBO will enter into good faith negotiations regarding ownership of
improvements.
The Airport Commission has reviewed this agreement and recommended approval at their regular meeting on
February 4, 1998. Bob Skinner has signed the agreement. indicating his approval as well,
The City, including the Airport Commission, has had a very good relationship with Bob as the FBO these past
five years. and is looking forward to continued future progress and successes with Bob at the Airport.
Recommendation:
It is recommend that the Council approve the agreement and authorize its execution by the Interim City
Administrator, effective February I, 1998.
.. . .-..
FIXED BASE OPERATOR LEASE EXTENSION AGREEMENT
FOR THE ASHLAND MUNICIPAL AIRPORT
Extension Lease made February _' 1998, between the City of Ashland ("City") and
Robert A. Skinner ("Lessee").
RECITALS:
A. City is the owner of the Ashland Municipal Airport (further referred to in this lease
extension as "the airport".)
B. Lessee now leases from the City a portion of the Ashland Municipal Airport as a
Fixed Base Operator under a lease entitled "FIXED BASE OPERATOR LEASE
AGREEMENT FOR THE ASHLAND MUNICIPAL AIRPORT' (further referred to in this
lease extension as "the initial lease").
C. The initial lease expires on January 31, 1998, and Lessee desires to extend the
initial lease as permitted in paragraph 2.1 of the initial lease except for such changes in
the terms, covenants and conditions reflected in this document (further referred to as
the "lease extension").
....
City and Lessee agree:
1. Extended term. The term of the initial lease is extended for an additional five years
commencing at 12:01 am on February 1,1998. Notwithstanding anything to the
contrary in the initial lease, Lessee may extend the lease for three additional terms of
five years each after the expiration of this extension lease.
2. Rental to City. The date of the annual increase for rent as specified in paragraph 3 of
the initial lease is changed to July 1 of each year with the first increase to be made July
1, 1998. No increase shall occur on February 1, 1998.
The payment date for fuel flowage, hangar rentals, tiedown fees described in
paragraph 3 of the initial lease is changed from the tenth of the month to the twentieth
of the month. The payment date for ground lease payments collected by Lessee shall
also be the twentieth of the month.
The City reserves the right to review and adjust the fuel flowage fee at the
beginning of each new extension term with consideration given to comparable fuel
flowage fees at similar airports in the Northwest provided Lessee is first given 30 days
notice.
The subparagraph entitled "hangar rentals" is changed to read:
"A monthly fee equivalent to the rent for all hangars rented by the City,
whether collected by the Lessee or not, including prepaid rent, less 25%
of the gross rental due. This fee shall be paid by the twentieth of the
month in which the rental is due. Lessee may assess such charges as
PAGE 1-FBO LEASE EXTENSION (p:a;rport'lbo-98.1se)
.-~. ,....
may be permitted under the leases for late rental payments. Lessee shall - .
not be required to pay a fee for those hangars that are not rented due to
lack of demand or circumstances beyond control of Lessee."
3. Utilities. Lessee's responsibilities for utilities shall remain as provided in paragraph 9
of the initial lease, except that City shall pay for water and one-half of the solid waste
collection charges. Provided, however, City shall not pay for more than the charges for
the two can commercial rate for solid waste collection.
4. Ownershio of Improvements. Paragraph 10.2 of the initial lease is amended to reflect
that for any improvements of a permanent nature made by Lessee after February 1,
1998:
4.1. Lessee shall have title;
4.2. Lessee, however, shall be required to enter into a ground lease with the City
prior to any improvement being made that increases the footprint of existing structures
or that utilizes additional land at the airport. Ground lease rent shall be at fair market
rental value;
4.3. Lessee shall not rent space to others for the purpose of housing or storing
aircraft; provided, however, that if space comparable to what Lessee may have
available is not otherwise available at the airport, Lessee may rent space until other
space becomes available.
4.4. Prior to construction of any improvements, the parties agree to negotiate in
good faith as to ownership of the improvements to be constructed. Unless previously
agreed in writing between the parties, the improvements shall become property of City,
free and clear of all claims of Lessee, anyone claiming under Lessee or caused,
permitted or suffered to attach through Lessee upon completion of construction and
issuance of a certificate of occupancy. Lessee, or anyone claiming under Lessee, shall
indemnify and defend City against all liability and loss arising from such claims.
5. Upkeeo. Lessee's responsibilities for upkeep shall remain as provided in
paragraph 10.4 of the initial lease, except that City shall contract and pay for cleaning
the carpet twice a year.
6. Except as modified in this extension lease, the terms, covenants and conditions of
the initial lease remain in full force and effect.
LESSEE
CITY
Robert A. Skinner
By:
City Administrator
PAGE 2-FBO LEASE EXTENSION (p:airportVbo-98.1se)
CITY OF ASHLAND
Office of the City Attorney.
(541) 488-5350
20 East Main, Ashland, OR 97520
(541) 488-5311 . Fax
MEMORANDUM
P8ul NoIt8, city Attom8Y
SIul~"'8 P. Stoph...., L_I A..I8bmt
DATE:.
February 11, 1998
TO:
Mayor and City Council
FROM:.
Paul Nolte
RE:
Intergovernmental Agreement for School Activities Levy
Attached for your approval is an intergovernmental agreement among the City of
Ashland, Ashland Parks and Recreation Commission and Ashland School District 5.
This agreement updates the previous intergovernmental agreement by providing new
funding levels commensurate with the successful serial levy vote last September.
As you will remember the agreement provides funds for the school district through the
parks commission for extracurricular school activities and athletics. The descriptions of
activities to be funded and the funding for each category of activities are in paragraph
2 of the agreement.
The council is requested to approve the agreement and authorize the mayor to sign it
on behalf of the city.
fp:daIIy\.....choo.meml
.
CI1Y OF ASHLAND PARK AND RECREATION COMMISSION
AND
ASHLAND SCHOOL DISTRICT #5
INTERGOVERNMENTALAGREEMENT(RENEWA~
Agreement made this day of , 1998, between the City of
Ashland, by and through the City of Ashland Park and Recreation Commission ("Park
Commission"), and Ashland School District #5 ("School District").
RECITALS:
A. The Park Commission and School District entered into an intergovernmental
agreement in 1994 entitled 'City of Ashland Park and Recreation Commission Ashland
School District #5 Intergovernmental Agreement' (further referred to as the "first
intergovernmental agreement") for the purpose of providing cultural and recreational
activities for the citizens of Ashland.
B. The first intergovernmental agreement has been satisfactorily performed by both
parties and the parties wish to continue the relationship, activities and funding ,
established under that agreement.
Park Commission and School District agree:
Except as specifically provided below, the terms and conditions of the first
intergovernmental agreement are incorporated into this renewal agreement.
1. Youth Activities to be provided bv School District: During the 1997-98, 1998-99 and.
1999-2000 fiscal years, School District shall continue to provide the youth activity
programs described in paragraph 2 for School District students and home school
students or private school students meeting the eligibility requirements of the School
District and furnish all personnel, equipment, materials and facilities required for the
proper performance of such activities. The level of activities shall be commensurate
with the 1996-1997 fiscal year activities unless the amounts listed in the last column in
paragraph 2 are less than the amounts budgeted for such activities by School District
in the 1996-1997 fiscal year. As used in the previous sentence, the phrase "amounts
budgeted for' includes those sums contributed to the School District by individuals or
groups such as the Ashland Schools Foundation and Ashland Booster Club for the
activities listed. Other than the total sum in the last column, sums allocated in the last
column are approximate and may vary by ten percent as determined by the School
District.
PAGE 1 of 5 INTERGOVERNMENTAL AGREEMENT lP:ochool\och-pall7.lgolIJ... 12. 19981
1997-1998
2. Description of activity allocation
2.1. Elementary school programs such as music, $ 31,900
including children's choir and strings, foreign language and
intramurals or similar programs.
2.2. Middle school cocurricular programs consisting of $ 64,750
band, brain bowl, choir, drama, foreign language, newspaper
and yearbook, orchestra and resident outdoor school.
2.3. The following activities at the middle school level, . $128,867
designed to provide competitive contests for selected groups
or individuals who are trained and coached to play games with
similar teams or individuals from other schools: basketball;
cross-country; football; track; volleyball and wrestling.
2.4. High school cocurricular programs consisting of the $73,796
band, choir, orchestra, newspaper and yearbook, debate,
drama club, brain bowl, leadership, DECA, Natural Helper,
FBLA, VICA, International Club, Math Club and Model UN.
2.5. The following activities at the high school level, $410,803
designed to provide competitive contests for selected groups
or individuals who are trained and coached to play games with
similar teams or individuals from other schools included in
Oregon School Activities Association sponsored events and
competitions: baseball; basketball; cheerleading; cross-
country; football; golf; soccer; softball; statistician; swimming;
tennis; track; volleyball and wrestling. Club sports will receive
some assistance.
2.6. Maintenance of grounds and facilities related to the $248,884
above programs.
TOTAL: $959,000.00
Provided, however, that no part of the sums specified in this paragraph shall be
used for any portion of the above activities which are courses of study prescribed by
statute or by the rules of the State Board of Education. Nor shall such funds be used
for supplemental courses required by the School District Board pursuant to the
authority granted to it in ORS 336.035. It is the intent of the parties that no part of the
funds provided for the above programs and activities shall be used exclusively for
educational services. In addition, the programs and activities funded by this agreement
are to be primarily conducted by the School District outside of regular school hours
and it is acknowledged that many of them are conducted off the school grounds.
PAGE 2 of 5 INTERGOVERNMENTAL AGREEMENT !p=-choolloch-pa97.lgaJIJ.... 12.1888)
3. Pavment bv Park Commission for Activities:
3.1. For the 1997-98 fiscal year, City shall pay School District for services
performed, including costs and expenses, a sum not to exceed $959,000 in three
payments as follows:
3.1.1. On February 1, 1998, 50% of the total levy, less a sum not to
exceed $89,000 for community activities as more particularly described in
paragraph 6 of the first intergovernmental agreement (further referred to in this
renewal agreement as the .commission fund"). Notwithstanding the previous
sentence, Park Commission shall not be required to pay to the School District
more than the actual amount received by the Park Commission from the levy
prior to January 31, 1998, nor more than the actual amount expended by the
School District for the activities and programs conducted under this agreement.
3.1.2. On March 1, 1998, Park Commission shall pay 70% of the total
levy less the commission fund and those sums previously paid to School
District, but not more than the actual amount received by the Park Commission
from the levy by March 1, 1998, nor more than the actual amount expended by
the School District for the activities and programs conducted under this
agreement.
3.1.3. On June 20, 1998, Park Commission shall pay 100% of the total
levy less the commission fund and those sums previously paid to School
District, but not more than the actual amount received by the Park Commission
from the levy by June 20, 1998, nor more than the actual amount expended by
the School District for the activities and programs conducted under this
agreement.
3.2. For the 1998-99 fiscal year, Park Commission shall pay School District for
services performed, including costs and expenses, a sum not to. exceed $970,000, in
three payments as follows:
3.2.1. On January 31, 1999,50% of the total levy, less a sum for the
commission fund not to exceed $94,000 for community activities.
Notwithstanding the previous sentence, Park Commission shall not be required
to pay to the School District any more than the actual amount received by the
Park Commission from the levy prior to January 31, 1998, nor more than the
actual amount expended by the School District for the activities and programs
conducted under this agreement.
3.2.2. On March 1, 1999, Park Commission shall pay 70% of the total
levy less the commission fund and those sums previously paid to School
District, but not more than the actual amount received by the Park Commission
from the levy by March 1, 1999, nor more than the actual amount expended by
the School District for the activities and programs conducted under this
agreement.
PAGE 3 of 5 INTERGOVERNMENTAL AGREEMENT Cp:.chooI\sch-pa97.lgolIJon. 12. 18881
>'<;1
, 'j,
3.2.3. On June 20, 1999, Park Commission shall pay 100% of the total
levy less the commission fund and those sums previously paid to School
. District, but not more than the actual amount received by the Park Commission
from the levy by June 20, 1999, nor more than the actual amount expended by
the School District for the activities and programs conducted under this
agreement.
3.3. For the 1999-2000 fiscal year, Park Commission shall pay School District
for services performed, including costs and expenses, a sum not to exceed
$1,008,000 in three payments as follows:
3.3.1. On January 31, 2000, 50% of the total levy, less a sum for the
commission fund not to exceed $103,000 for community activities.
Notwithstanding the previous sentence, Park Commission shall not be required
to pay to the School District any more than the actual amount received by the
Park Commission from the levy\prior to January 31, 1999, nor more than the
actual amount expended by the School District for the activities and programs
conducted under this agreement.
3.3.2. On March 1, 2000, Park Commission shall pay 70% of the total
levy less the commission fund and those sums previously paid to School
District, but not more than the actual amount received by the Park Commission
from the levy by March 1, 1997, nor more than the actual amount expended by
the School District for the activities and programs conducted under this
agreement.
3.3.3. On June 20, 2000, Park Commission shall pay 100% of the total
levy less the commission fund and those sums previously paid to School
District, but not more than the actual amount received by the Park Commission
from the levy by June 20, 2000, nor more than the actual amount expended by
the School District for the activities and programs conducted under this
agreement.
3.4. The sums specified in paragraph 2 for each activity or program shall be
increased for the 1998-99 and 1999-2000 fiscal years to maintain a similar level of
activities as the 1997-98 fiscal year. Provided, however, that the total amount paid shall
PAGE 4 of 5 INTERGOVERNMENTAL AGREEMENT (p:ochoolloc:h-p097.lgolIJ... 12,18881
, , . ."
not exceed the sum specified in paragraphs 3.2 and 3.3 respectively unless otherwise
agreed by the Park Commission and School District.
ASHLAND SCHOOL DISTRICT NO.5
CITY OF ASHLAND
By
Alan DeBoer, Board Chair
By
Catherine Golden, Mayor
CITY OF ASHLAND PARK AND RECREATION
COMMISSION
By
Teri Coppedge, Chair
PAGE 5 of 5 INTERGOVERNMENTAL AGREEMENT (p:.choollach-pa97.lgol(Jan. 12.19991
~
.
CITY OF ASHLAND
Administration
MEMORANDUM
DATE:
February 12, 1998
TO:
City Council Members
FROM:
Mayor Cathy Golden
RE:
AD HOC UD COMMITTEE
I would like to recommend and seek council approval of the following to form an Ad
Hoc LID Committee: Harry Bartell, .Jack Blackburn, Kathleen Kahle, Susan A. Hunt, ".
Steve Morjig, Thomas Bizeau, AI Alsing, Kelly Madding, John Mclaughlin, Carole ..
Wheeldon and Alan DeBoer. _ a.;RJ-.. 1fivt ~ L.. ~ ~
Letters of interest, where applicable, are attached, along with a copy of the ~ .,
advertisement as it appeared in the Dally Tidings.
1
Applications are being accepted for the formation of an
ad hoc committee to examine the City's policy of LID's. .
If you are Interested in applying for this volunteer ad
hoc commIttee, please submit your letter of interest
and/or your resume to Mayor Catherine Golden City
Hall. 20 East Main Street, Ashland. The deadli~e for
applying Is Friday, February 6,1998.
/
To: Honorable Mayor
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From: Jack Blackburn, Chair
Citizens for Fair LIDs
--,.....................--....,. - '"'~_...-- -_.. --~-
Re: Committee to study LIDs
Date: February 2, 1998
Citizens for Fair LIDs requests that Susan Hunt,
482-9191, be appointed to the citizen's group t08study
LIDs. Susan is a member of Citizens for Fair LIDs.
She is informed about the issues, intelligent, reliable,
does her homework, and is interested in effective problem
solving. We strongly recommend her inclusion Qn the committee.
In our original letter to you dated 1/13/98, we
recommended Jack Blackburn, Harry Bartell, and Jack
Hardesty. Hardesty is not able to be on the committee;
please substitute Hunt for Hardesty.
Thank you for taking an interest in this important
matter, and for seriously considering members of Citizens
for Fair LIDs to be on the study group.
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220 Nutley St.
Ashland, OR, 97520
Mayor Catherine Golden
20 E. Main St.
Ashland, OR 97520
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Dear Mayor Golden:
I wish to apply to be appointed the.ad hoc L.I.D. Committee now forming. My
years of involvement in .city land use issues and on the Board of Friends of
Ashland have given mean understanding of different aspects of planning issues.
As a member of the Strawberry Neighborhood Plan Committee and a founding member
of Citizens For Fair L.I.D.s, I am committed to working on changes to this pro-
cess that both citizens and the City can live with. I am supported in this nomin-
ation by Citizens for Fair L.I.D.s.
Sincerely,
~l~
Susan A. Hunt
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STI:VI: MORJIG CONSTRUCTION
610 Chestnut Street. Ashland. Oregon 97520 (503) 488.2~~~ ,.,_, ..: .:-:-;'.,'-\":J,";:",\
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To:
From:
Mayor Catherine Golden
Thomas Bizeau
Attention: Fran
Subject: Applicant for position on LID Committee
Mayor Golden,
I am interested in being on your UD committee.
I will dispense with the small talk and simply give you some of the specifics about myself that I
believe will help you in making a decision to include me on the committee.
· I have been a land use planner for the past 9 years in both County and City governments.
., While a Planner in the City of Portland I was the lead planner in dealing with planned unit
developments and subdivisions and in that charge had to deal with many neighborhoods and
developers in the LID process.
· I have been integrally involved in land use mediation and dispute resolution between
developers and neighborhoods.
., I believe in LID's and also believe that there can be altematives to street standards and
financing that would help resolve the problems that LID's invariably encounter in all
communities.
· I now work for R VCOG as the Director for Community Development and Planning.
I work as a planner, supervisor, administrator and facilitator in this capaeity.
., I now am a participant in the Clinton Street LID, one of many of the majority on the street
that have supported the improvements.
., I believe that I can offer my professional expertise and experience as a citizen in my
community to reach a solution to Ashland's LID process.
VALLEY
iti
COUNCIL
.. .....'..11'"
Tom Bizeau, Director
Community Development &. Planning
541.664.6676, exl 24]
IOm@Iv.cog.Ol'.us
Sincerely,
Thomas Bizeau
304 Clinton Street
Ashland, OR.
Home Phone: 488:8803
Central Poinl
Gnmts Pass
Medford
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541.664.6674
541.474.5947
541.779.6785
541.664.7927
155 S. Second St.- P.O. Box 3275 - Central Point, OR 97502
,
"
Cathy Golden
Honorable Mayor
City of Ashland
Dear Cathy:
This letter is to express interest in participating on the City's ad hoc Local Improvement District
committee.
Below is a thumbnail sketch of my experience applicable to this committee:
Associate Planner, City of Ashland, 3/94-3/97
Worked on Planning Actions and participated in neighborhood meetings related to
the formation LIDs. Understand the current ordinance related to LIDs and the
histo!)' surrounding the ordinance,
Property owner in a subdivision in which the developer constructed the street
improvements rather than participating in the LID process. These street
improvement are now part of the larger Fordyce Street LID. I participated in the
Fordyce Street LID process.
Mayor Golden participating in the City as I had has given me the ability to understand the history
of the LJD process yet am not blindly focused on seeinl! that it is maintained.
Currently I am the City Administrator with the City of Rogue River. When I left the City of
Ashland I was looking forward to participating at some level in civic affairs. This committee feels
to me as though it would be a good starting place.
In short, I believe I have the ability to make a positive contribution to the community as this
committee strives to make recommendations to the City Council on the creation of a fair and
equitable LID policy.
Sincerely,
~~
Kelly A. Madding
"
.. ~ 1
CITY OF ASHLAND
Ashland City Council
(541) 488-6002
(541) ~11 - Fax
20 East Main, Ashland, OR 97520
MEMORANDUM
0"'" -;;1.\, \"'.'1i'
-TO:
FROM:
The Mayor and City Council
Councilor Steve Hauck
RE:
Telecommunications Ordinance
As you may recall, over the past year the council has adopted several items dealing
with telecommunications regulation within the city. Th.ese included a resolution which
laid out our policy basis for_regulations, a "Cell-Tower" ordinance and a "Right-of-Way"
ordinance.
What you have before you today is the culmination of this effort, a comprehensive
ordinance dealing with the franchising and licensing of telecommunication providers
within the City of Ashland. This ordinance lays the legal groundwork to provide a
competitively equal playing field for all providers in each of the various types of
services and still protect the city's rights In franchising authority and right-of-way
management.
Telecommunications will revolutionize the manner in which communities and their
govemments will operate in the next century. We are in the infancy of the information
age. Hardly a day goes by without articles and programs regarding
telecommunications and how our lives and daily routines will be affected by the
advancement of technology and telecommunications. Local government must be a
part of that advancement. .
People expect their local government to provide and regulate municipal services, such
as streets, water and sewer, police and fire, to regulate land use, to provide and
manage recreational facilities, and where appropriate, to regulate and license business.
They expect it to encourage appropriate economic development and protect the local
welfare. Today they also expect local government to be actively involved in the
telecommunications revolution. City government must recognize that
telecommunication infrastructures are Just as important to municipal service as other
traditionally recognized municipal services. The local government that aggressively
regulates and encourages managed development of telecommunication infrastructures
will ensure its community's Mure. Those that fail will be left behind.
You may (and should) ask, why do we need this ordinance? What's its purpDse?
,
The Mayor and CouncU
, January 21. 1998
Pace 2
There are many answers to these questions, the following highlights some of the most
significant reasons that I believe this effort is important to the city and its citizens.
A. Control of the Right-of-Way
A major objective of our City is to retain local responsibility for and control over the
use of public rights-of-way to protect our citizens and enhance the quality of life. In
order to monitor telecommunication providers who provide their services to our
residents through the public rights-of-way, this ordinance provides regulations that
govern these providers in a uniform and consistent manner and provides for fees that
fairly compensate the city for the benefits that telecommunication providers receive
from the use of the rights-of-way.
A recent white paper prepared by the National Association of Telecommunication
Officers and Advisors highlighted the value and importance of public rights-of-way.
Every time a new carrier enters a right-of-way, local government (and the taxpayers)
face both increased direct costs (for road replacement) and indirect costs Oncreased
travel time, loss of access and trade to local businesses, and increased noise pollution
and visual intrusion, to name a few).
This NATOA paper used information from Denver to illustrate this point. Denver's
public rights-of-way have an acquisition value of $5.5 billion. The market rental value of
this commodity is $483 million. However, the city receives from all users a total of only
$38 million a year in compensation. To make matters worse, Denver expends over
$500 million a year maintaining those rights-of-way. In other words, Denver "leases" a
property right for only 13% of its fair market value, while taxpayers fund $500 million
maintaining that property at no cost to the private user. Who is subsidizing whom?
It is also clear that public rights-of-way are a limited public resource. The typical urban
subsurface is a1reacly crowded with a maze of wires, conduits and pipes. Cities cannot
continue to allow every telecommunications service provider to lay their own conduit
and wiring. The same NATOA paper demonstrates how expensive it can be for a city
to neglect its responsibility to protect it rights-of-way. The number of cuts made to a
street surface has the effect of greatly reducing the useful life of the street surface.
Streets with three to nines cuts have a service life 30% less than streets with three
cuts. Streets with greater than nine cuts experience a 50% reduction in service life. At
a minimum, Ashland must receive adequate compensation in kind or in cash for the
intrusion into and use of the public rights-of-way.
B. Universal Service
Every one of our citizens needs to be included in the information highway. Through
the exercise of our franchising authority, we can playa tremendous role in assuring
that our community benefits from the latest state-of-the-art technology. MDreDver, the
city can assure that telecommunication providers utilizing the rights-of-way connect
'~~,I '
,
The Mayor and CouncU
, January 21, 1998
Paoe 3
neighborhoods, and citizens within tHose neighborhoods, to the communication
highway as early as possible.
One effort of this ordinance is to provide effective regulation to accomplish this
"universal service" goal. It allows us to exercise our responsibility to franchise and
license users of the rights-of-way in a manner that precludes redlining or discrimination
amongst users or location. Further, it promotes universal service by realistically
approaching franchising and licensing In a fair manner that encourages and rewards
telecommunication providers that strive for and achieve universal service.
C. Economic Development
There is no doubt that economic development potential is enhanced by having
available the broadest range of telecommunication services that meet the needs of our
community. Today, and certalnly in the Mure, businesses will want to operate in
localities that possess a high quality telecommunications infrastructure in order to
make full use of their investment in state-of-the-art office technology. Technology
allows businesses to run more cheaply and efficiently. It is essential that Ashland use
the tools available, including right-of-way management, and fair and equitable
regulation, to ensure a solid telecommunications infrastructure that will provide
incentive to maintain and develop existing businesses in Ashland.
D. Enhanced Quality of ute
Telecommunications can enhance the quality of life. Solid telecommunication facilities
offer a never-ending list of services that can improve the quality our schools, hospital,
businesses, government and more. Such services can enhance the quality of life of
our community by making available to each and every household the broadest range
of telecommunication services and benefits possible. Unless Ashland exercises our
role in determining the Mure needs of our community, someone else will make these
choices. The quality of life and the opportunities that can be achieved through
utilization of the right-of-way by the private sector can best be achieved by the active
and ongoing participation of the city in telecommunication regulation outlined in this
ordinance.
E. Inventory Local Infrastructure
To control our own Mure, we need to know the answers to the following questions.
Who are the current players? How much right-of-way is under use now? Do we know
who is using our right-of-way? Do we have all the proper licenses or permits
governing their use? What are the terms of those licenses, permits and franchises?
Do the systems provide service throughout Ashland? Do they meet our current local
needs? Do they interconnect with adjoining communities? The licensing of all
telecommunication providers contained within this ordinance will provide the answers
we need to effectively control the use of our rights-of-way and plan for and influence
the Mure of telecommunications within Ashland.
. The Mayor and Council
January 21, 1998
Pace 4
I urge you to carefully read this ordinance and help us craft a finished product that will
meet the needs of Ashland now and in the Mure.
Councilor Steve Hauck
Attachment
(p:ord\telecomn\hauck.momJ
..;
ORDINANCE NO.
AN ORDINANCE ADDING TITLE 16 TO THE ASHLAND
MUNICIPAL CODE TO REGULATE, FACILITATE AND PROVIDE
FOR TELECOMMUNICATIONS WITHIN THE CllY OF ASHLAND
THE PEOPLE OF THE CllY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The following title and chapters are added to the Ashland Municipal
Code:
Title 16
TELECOMMUNICATIONS
Chapters:
16.04 Purpose, Definitions
16.08 Registration of TelecOmmunications Carriers
16.12 Construction Standards
16.16 Location of Telecommunications Facilities
16.20 Telecommunications Ucense of Franchise
16.24 General Ucense and Franchise Terms, Rates
16.28 General Provisions
PAGE 1.TELECOMMUNICATlONS ORDINANCE (p:onl\............I.eIecomm...."
Chapter 16.04
Purpose, Definitions
Sections:
16.04.010
16.04.020
16.04.030
16.04.040
Purpose
Jurisdiction and Management of the Public Rights of Way
Regulatory Fees and Compensation Not a Tax
Definitions
16.040.010 Purpose. The purpose of this title is to:
A. Comply with the provisions of the 1996 Telecommunications Act as they
apply to local governments, telecommunications carriers and the services
they offer;
B. Establish clear local guidelines, standards and time frames for the
exercise of local authority with respect to the regulation of
telecommunications carriers and services;
C. Promote competition on a competitively neutral basis in the provision of
telecommunications services;
D. Encourage the provision of advanced and competitive
telecommunications services on the widest possible basis to businesses
institutions and residents of the city;
E. Permit and manage reasonable access to the public rights of way of the
city for telecommunications purposes on a competitively neutral basis
and conserve the limited physical capacity of those public rights of way
held in trust by the city;
F. Assure that the city's current and ongoing costs of granting and
regulating private access to and the use of the public rights of way are
fully compensated by the persons seeking such access and causing
such costs;
G. Secure fair and reasonable compensation to the city and its residents for
permitting private use of the public right of way;
H. Assure that all telecommunications carriers providing facilities or services
within the city, or passing through the city, register and comply with the
ordinances, rules and regulations of the city;
I. Assure that the city can continue to fairly and responsibly protect the
public health, safety and welfare of its citizens;
PAGE 2-TELECOMMUNICATlONS ORDINANCE lp:llldI'elecomml-....'1
~ ' , ,J,
J. Enable the city to discharge its public trust consistent with the rapidly
evoMng federal and state regulatory policies, industry competition and
technological development.
16.04.020 Jurisdiction and Management of the Public Rights of Way
A. The city has jurisdiction and exercises regulatory control over all public
rights of way within the city under authority of the city charter and state
law.
B. Public rights of way include, but are not limited to, streets, roads,
highways, bridges, alleys, sidewalks, trails, paths, public easements and
all other public ways or areas, including the subsurface under and air
space over these areas.
C. The city has jurisdiction and exercises regulatory control over each public
right of way whether the city has a fee, easement, or other legal interest
in the right of way. The city has jurisdiction and regulatory control over
each right of way whether the legal interest in the right of way was
obtained by grant, dedication, prescription, reservation, condemnation,
annexation, foreclosure or other means.
D.
No person may occupy or encroach on a public right of way without the
permission of the city. The city grants permission to use rights of way by
franchises, licenses and permits.
..,,:
E. The exercise of jurisdiction and regulatory control over a public right of
way by the city is not official acceptance of the right of way, and does
not obligate the city to maintain or repair any part of the right of way.
F. The city retains the right and privilege to cut or move any
telecommunications facilities located within the public rights of way of the
city, as the city may determine to be necessary, appropriate or useful in
response to any public health or safety emergency.
16.04.030 Regulatory Fees and Compensation Not a Tax
A. The regulatory fees and costs provided for in this title, and any
compensation charged and paid for the public rights of way provided for
in this title, are separate from, and in addition to, any and all federal,
state, local and city taxes as may be levied, imposed or due from a
telecommunications carrier, its customers or subscribers, or on account
of the lease, sale, delivery or transmission of telecommunications
services.
PAGE 3-TELECOMMUNICATIONS ORDINANCE lP:ord\tolecammltolecamm.cl-ll
B. The city has determined that any fee imposed by this title is not subject
to the property tax limitations of Chapter XI, Section 11 (b) of the Oregon
Constitution.
16.04.040 Definitions. For the purpose of this title the following terms, phrases, words
and their derivations shall have the meaning defined in this chapter. When not
inconsistent with the context, words used in the present tense include the future,
words in the plural number include the singular number and words in the singular
number include the plural number. The words "shall" and "will" are mandatory and
"may" is permissive. Words not defined in this chapter shall be given the meaning set
forth in the Communications Policy Act of 1934, as amended, the Cable
Communications Policy Act of 1984, the Cable Television Consumer Protection and
Competition Act of 1992, and the Telecommunications Act of 1996. If not defined
there, the words shall be given their common and ordinary meaning.
A. Aboveground or Overhead Facilities means utility poles, utility facilities
and telecommunications facilities above the surface of the ground,
including the underground supports and foundations for such facilities.
B. Affiliated Interest shall have the same meaning as ORS 759.010.
C. Cable Act shall mean the Cable Communications Policy Act of 1984, 47
U.S.C. ~521, et seq., as now and hereafter amended.
D. Cable Service means the one-way transmission to subscribers of video
programming, or other programming service; and subscriber interaction,
if any, which is required for the selection or use of such video
programming or other programming service.
E. Control or Controlling Interest means actual working control in whatever
manner exercised.
F. City Property means and includes all real property owned by the city,
other than public streets and utility easements as those are defined in
this chapter, and all property held in a proprietary capacity by the city,
which are not subject to right of way licensing and franchising as
provided in this title.
G. Conduit means any structure, or section of any structure, containing one
or more ducts, conduits, manholes, handholes, bolts, or other facilities
used for any telegraph, telephone, cable television, electrical, or
communications conductors, or cable right of way, owned or controlled,
. in whole or in part, by one or more public or private utilities.
H. Duct means a single enclosed raceway for conductors or cable.
PAGE 4-TELECOMMUNICATlONS ORDINANCE lP:ord\'e1ecommltelecomm.c1-lI
<, "-' , ":^/f;,." '> ,; ;,..
I. FCC or Federal Communications Commission - means the federal
administrative agency, or lawful successor, authorized to regulate and
oversee telecommunications carriers, services and providers on a
national level.
J. Franchise or Ucense means an agreement between the city and a
grantee which grants a prMlege to use public right of way and utility
easements within the city for a dedicated purpose and for specific
compensation.
K Grantee means the person to which a' franchise or license is granted by
the city.
L.
Gross Revenue means gross revenue derived by grantee from the
proVision of telecommunications services originating or terminating in the
city on facilities covered by the franchise or license. For the purposes of
this definition, the following items may be excluded from gross revenues:
1. Net uncollectibles from revenue included in gross revenues.
2. Revenue derived from the provision of interstate toll service.
3. Revenue derived from the provision of telecommunications
service on facilities from an end user to an interexchange carrier's
point of presence, provided that at least 90% of the annual traffic
on the facility is interstate.
4. Revenue derived from toll transport services.
M. Local Exchange Service means service provided within the boundaries of
an exchange as the exchange appears on the exchange maps filed with
and approved by the Oregon Public Utility Commission. Local exchange
service includes "shared telecommunications service," as defined in ORS
Chapter 759.
N. Oregon Public Utilities Commission or OPUC means the statutorily
created state agency in the State of Oregon responsible for licensing,
regulation and administration of certain communications providers as set
forth in Oregon Law.
O. Person means an indMdual, corporation, company, association, joint
stock company or association, firm, partnership, or limited liability
company.
P. Private Telecommunications Network means a system, Including the
construction, maintenance or operation of the system, for the provision of
a service or any portion of a service, by a person for the exclusive use of
that person and not for resale, directly or indirectly. "Private
telecommunications netwDrk" includes services provided by the State of
Oregon pursuant to ORS 190.240 and 283.140.
PAGE 5-TELECOMMUNICATlONS ORDINANCE lp:ordI...........\t...........c1-1'
a. Public Rights of Way include, but are not limited to, streets, roads,
highways, bridges, alleys, sidewalks, trails, paths, public easements and
all other public ways or areas, including the subsurface under and air
space over these areas, but only to the extent of the city's right, title,
interest or authority to grant a license or franchise to occupy and use
such streets and easements for telecommunications facilities.
R. Public Street means any highway, street, alley or other public right of way
for motor vehicle travel under the Jurisdiction and regulatory control of
the city which has been acquired, established, dedicated or devoted to
vehicular travel and pedestrian purposes not inconsistent with
telecommunications facilities.
S. Telecommunications means the transmission between and among points
specified by the user, of information of the user's choosing, without
change In the form or content of the information as sent and received.
T. Telecommunications Act means the Telecommunications Act of 1996 (47
U.S.C. !j 151 et seq.) as adopted and as hereafter amended.
U. Telecommunications Carrier means any provider of telecommunications
services and includes every person that directly or indirectly owns,
controls, operates or manages telecommunications facilities within the
city and competitive providers of local exchange or interexchange
services.
V. Telecommunications Facilities or System means the equipment, other
than customer premises equipment, used by a carrier to provide
telecommunications services.
W. Telecommunications Service means the offering of telecommunications
for a fee directly to the public, or to such classes of users as to be
effectively available directly to the public, regardless of the facilities used.
Telecommunications service includes but is not limited to any service
provided for the purpose of voice, video or data transmission, including,
but not limited tO,local exchange service, access service, extended area
service, call origination, interconnection, switching, transport, or call
termination and any other telecommunications services identified and
authorized by the FCC or the OPUC.
X. Telecommunications Utility has the same meaning as ORS 759.oo5(1)(a).
Y. Toll Service means telecommunications service provided between local
exchanges carried on the public switched network for which charges are
made on a per-unit basis, excluding calls made within an extended area
service region approved by the OPUC.
PAGE 6-TELECOMMUNICATlONS ORDINANCE Cp:onl\tolec:onwnltoloc:omm.d-lI
,-;,,- :'- ". ": ~c; -,f: .'" ..-':: ,~
Z. Underground Facilities means utility and telecommunications facilities
located under the surface of the ground, excluding the underground
foundations or supports for .Overhead facilities..
AA. Usable Space means all the space on a pole, except the portion below
ground level, the 20 feet of safety clearance space above ground level,
and the safety clearance space between communications and power
circuits.
BB. Utility Easement means any easement granted to or owned by the city
and acquired, established, dedicated or devoted for public utility
purposes not inconsistent with the telecommunications facilities.
CC. Utility Facilities means the plant, equipment and property, including but
not limited to the poles, pipes, mains, conduits, ducts, cable, wires,
transformers, plant and equipment located under, on, or above the
surface of the ground within the public right of way of the city and used
or to be used for the purpose of providing utility or telecommunications
services.
PAGE 7-TELECOMMUNICATIONS ORDINANCE lp:ord\toleconmlt_.c1-1l
Chapter 16.08
Registration of Telecommunications Carriers
Sections:
16.08.010
16.08.020
16.08.030
16.08.040
Purpose
Registration Required
Registration Fee.
Exceptions to Registration
16.08.010 Purpose. The purpose for registration is:
A. To assure that all telecommunications carriers who have facilities or
provide services within the city comply with the ordinances, rules and
regulations of the city.
B.. To provide the city with accurate and current information concerning the
telecommunications carriers who offer to provide telecommunications
services within the city, or that own or operate telecommunications
facilities within the city.
C. To assist the city in the enforcement of this title and the collection of any
city franchise fees, license fees or charges that may be due the city.
D. To assist the city in monitoring compliance with local, state and federal
laws as they apply to grantees under this title.
16.08.020 Registration Required. Except as provided in section 16.08.040, all
telecommunications carriers having telecommunications facilities within the corporate
limits of the city, and all telecommunications carriers that offer or provide
telecommunications service tD customer premises within the city, shall register with the
city pursuant to this chapter on forms to be provided by the Finance Department
which shall include the following:
A. The identity and legal status of the registrant, including any affiliates.
B. The name, address and telephone number of the officer, agent or
employee responsible for the accuracy of the registration statement.
C. A description of the registrant's existing or proposed telecommunications
facilities within the city.
D. A description of the telecommunications service that the registrant
intends to offer or provide, or is currently offering or providing, to
persons, firms, businesses or institutions within the city.
PAGE 8-TELECOMMUNICATIONS ORDINANCE Cp:ordI'..ecamml'.....,m...l-l'
E. Information sufficient to determine whether the registrant is subject to
public right of way licensing or franchising under this title.
F. Information sufficient to determine whether the transmission, origination
or receipt of the telecommunications services provided or to be provided
by the registrant constitutes an occupation or privilege subject to any
municipal telecommunications tax, utility tax or other occupation tax
imposed by the city.
G. Information sufficient to determine that the applicant has applied for and
received any certificate of authority or permit required by the FCC or the
OPUC to provide telecommunications services within the city.
H. Information sufficient to determine that the applicant has applied for and
received any construction permit, operating license or other approvals
required by the FCC to have telecommunications facilities within the city.
I. If the registrant has applied for and received a city business license, list
the license number.
J. Such other information as the city may reasonably require.
16.08.030 Registration Fee. Each application for registration as a telecommunications
carrier shall be accompanied by a nonrefundable registration fee, equal to the
minimum new business license fee as established by the council.
16.08.040 Exceptions to Registration. The following telecommunications carriers are
excepted from registration:
A. Telecommunications carriers that are owned and operated for its own
use by the state or a political subdivision of this state.
~ A private telecommunications network, provided that such network does
V not use or occupy any public rights of way of the city or other rights of
way within the city.
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PAGE 9-TELECOMMUNICATlONS ORDINANCE Cp:ordI............\.............d-lI
Sections:
16.12.010
16.12.020
16.12.030
16.12.040
16.12.060
16.12.070
16.12.080
16.12.090
16.12.100
16.12.110
16.12.120
16.12.130
16.12.140
16.12.150
16.12.160
16.12.170
16.12.180
16.12.190
16.12.200
16.12.210
Chapter 16.12
Construction Standards
General
Construction Codes
Construction Permits
Permit Applications
Traffic Control Plan
Construction Permit Fee
Issuance of Permit
Construction Schedule
Locates
Compliance with Permit
Display of Permit
Survey of Underground Facilities
Noncomplying Work
Completion of Construction
As-Built Drawings
Restoration of Public Rights of Way, Other Rights of Way and City
Property
Landscape Restoration
Construction and Completion Bond
Responsibility of Owner
Coordination of Construction Activities
".;
16.12.010 General. No person shall commence or continue with the construction,
installation or operation of telecommunications facilities within public rights of way in
the city except as provided in this chapter.
16.12.020 Construction Codes. Telecommunications facilities shall be constructed,
installed, operated and maintained in accordance with all applicable federal, state and
local codes, rules and regulations including the National Electrical Code and the
National Electrical Safety Code.
16.12.030 Construction Permits. No pE:lrson shall 'construct or install any
telecommunications facilities within the city without first obtaining a construction permit,
provided, however: :' .'
'\ . "
.J
A..' . No permit shall be issued for the construction or installation of
tel~communications facilities within the city unless the
telecommunications carrier. 1:1~ filed a registration statement with the city
pursuant to chapter 16.08.
. I. .....
'. . I .
B. No permit shall be issued for the construction or installation of
telecommunications facilities in the public rights of way unless the
\. \
PAGE 10-TELECOMMUNICATlONS ORDINANCE Ip:ordItelocammltelocamm.d-lI
telecommunications carrier has applied for and received a license or
franchise pursuant to chapter 16.20.
C. No permit shall be issued for the construction or installation of
telecommunications facilities without payment of the construction permit
fee established in section 16.12.070.
16.12.040 Permit Applications. Applications for permits to construct
telecommunications facilities shall be submitted upon forms to be provided by the city
and shall be accompanied by drawings, plans, specifications and computer maps in a
format specified by the city, in sufficient detail to demonstrate:
A. That the facilities will be constructed in accordance with all applicable
codes, rules and regulations.
B. The location and route of all facilities to be installed aboveground or on
existing utility poles. The location and route of all facilities to be located
under the surface of the ground, including the line and grade proposed
for the burial at all points along the route which are within the public
rights of way.
C. The location of all existing underground utilities, conduits, ducts, pipes,
mains and installations which are within the public rights of way along the
. underground route proposed by the applicant.
D. The location of all other facilities to be constructed within the city, but not
within the public rights of way.
E. The construction methods to be employed for protection of existing
structures, fixtures, and facilities within or adjacent to the public rights of
way.
The location, dimension and types of all trees within or adjacent to the public rights of
way along the route proposed by the applicant, together with a landscape plan for
protecting, trimming, removing, replacing and restoring any trees or areas to be
disturbed during construction.
16.12.060 Traffic Control PI8/'!. Ail permit applications which Involve work on, in, under,
across or along any public rights of way shall be accompanied by a traffic control plan
demonstrating the protective measures and devices that will be employed, consistent
with Uniform Manual of Traffic Control Devices, to prevent Injury or damage to persons
or property and to minimize disruptions to efficient pedestrian and vehicular traffic.
16.12.070 Construction Permit Fee. Unless otherwise provided in a license or franchise
agreement, prior to Issuance of a construction permit, the applicant shall pay a permit
fee equal to $250.00 or six tenths of one percent (0.6%) of the estimated cost of
constructing the telecommunication facilities, whichever is greater.
PAGE 11-TELECOMMUNICATlONS ORDINANCE (P:ord\tolecammltel..-nn.d-ll
16.12.080 Issuance of Permit. If satisfied that the applications, plans and documents
submitted comply with all requirements of this title, the Department of Public Works
shall issue a permit authorizing construction of the facilities, subject to such further
conditions, restrictions or regulations affecting the time, place and manner of
performing the work as they may deem necessary or appropriate.
16.12.090 Construction Schedule. The permittee shall submit a written construction
schedule to the Department of Public Works before commencing any work in or about
the public rights of way. The permittee shall further notify the Department of Public
Works not less than two working days in advance of any excavation or work in the
public rights of way. When feasible, permittee shall contact all other utilities located
within the right of way in order to allow joint projects if desired to minimize duplication
of work and unnecessary excavation.
16.12.100 Locates. The permittee is responsible for becoming familiar with, and
understanding the provisions of ORS Chapter 757, governing the location of
underground facilities (the "One-Call statutes"). Grantee shall comply with the terms
and conditions set forth In the One-Call statutes.
16.12.110 Compliance with Permit. All construction practices and activities shall be in
accordance with the permit and approved final plans and specifications for the
facilities. The Department of Public Works and its representatives shall be provided
access to the work site and such further information as they may require to ensure
compliance with such requirements.
16.12.120 Display of Permit. The permittee shall maintain a copy of the construction
permit and approved plans at the construction site, which shall be displayed and made
available for inspection by the Department of Public Works or its representatives at all
times when construction work is occurring.
16.12.130 Survey of Underground Facilities. If the construction permit specifics the
location of facilities by depth, line, grade, proximity to other facilities or other standard,
the permittee shall cause the location of such facilities to be verified by a registered
Oregon land surveyor. The permittee shall relocate any facilities which are not located
in compliance with permit requirements at the sole expense of the permittee.
16.12.140 Noncomplying Work. Upon order of the Department of Public Works, all
work which does not comply with the permit, the approved plans and specifications for
the work, or the requirements of this title, shall be removed at the sole expense of the
permittee.
16.12.150 Completion of Construction. The permittee shall promptly complete all
construction activities so as to minimize disruption of the city rights of way and other
public and private property. All construction work authorized by a permit within city
rights of way, including restoration, must be completed within 120 days of the date of
issuance.
PAGE 12-TELECOMMUNICATIONS ORDINANCE a:".mw. ata. •o-n
16.12.160 As-Built Drawings. Within 60 days after completion of construction, the
permittee shall furnish the city with two complete sets of plans and a set in a
computerized format specified by the city, drawn to scale and certified to the city as
accurately depicting the location of all telecommunications facilities constructed
pursuant to the permit.
16.12.170 Restoration of Public Rights of Way, Other Rights of Way and City Property.
.a &MI
A. When a permittee, or any person actin n its behalf, does any work in
or affecting any public rights of way, er rights of way or city property,
it shall, at its own expense, promptly emove any obstructions and
restore such ways or property to as good a condition as existed before
the work was undertaken, unless otherwise directed by the city.
B. If weather or other conditions do not permit the complete restoration
required by this section, the permittee shall temporarily restore the
affected rights of way or property. Such temporary restoration shall be at
the permittee's sole expense and the permittee shall promptly undertake
and complete the required permanent restoration when the weather or
other conditions no longer prevent such permanent restoration.
C. If the permittee fails to restore rights of way or property to as good a
condition as existed before the work was undertaken, the city shall cause
such restoration to be made at the expense of the permittee.
D. A permittee or other person acting in its behalf shall use suitable
barricades, flags, flagmen, lights, flares and other measures as required
for the safety of all members of the general public and to prevent injury
or damage to any person, vehicle or property by reason of such work in
or affecting such rights of way or property.
16.12.180 Landscape Restoration.
A. All trees, landscaping and grounds removed, damaged or disturbed as a
result of the construction, installation, maintenance, repair or replacement
of telecommunications facilities, whether such work is done pursuant to a
franchise, license, or permit shall be replaced or restored as nearly as
may be practicable, to the condition existing prior to performance of
work.
B. All restoration work within the public ways shall be done in accordance
with landscape plans approved by the city.
C. Any tree, shrub or other landscaping that shows substantial damage
within eighteen months of completion of construction, attributable to
construction, must be replaced at the sole expense of the grantee.
PAGE 13-TELECOMMUNICATIONS ORDINANCE Ip:crdlteieeemm%teieoem A-11
16.12.190 Construction and Completion Bond. Unless otherwise provided in a license
or franchise agreement, or unless the city otherwise specifically approves an
alternative security to assure performance, a performance bond written by a corporate
surety acceptable to the city, and authorized to transact business in Oregon, equal to
at least 100% of the estimated cost of constructing grantee's telecommunications
facilities within the public rights of way of the city shall be deposited before
construction is commenced.
A. The performance bond shall remain in force until 60 days after
substantial completion of the work, as determined in writing by the city,
including restoration of public rights of way and other property affected
by the construction.
B. The performance bond shall guarantee, to the satisfaction of the city:
1. timely completion of construction;
2. construction in compliance with applicable plans, permits, technical
codes and standards;
3. proper location of the facilities as specified by the city;
4. restoration of the public rights of way and other property affected by
the construction;
5. the submission of 'as-built° drawings after completion of the work as
required by this title; and
6. timely payment and satisfaction of all claims, demands or liens for
labor, material or services provided in connection with the work.
16.12.200 Responsibility of Owner. The owner of the facilities to be constructed and, if
different, the grantee, are responsible for performance of and compliance with all
provisions of this chapter.
16.12.210 Coordination of Construction Activities. All grantees are required to
cooperate with the city and with each other.
A. By January 1 of each year, grantees shall provide the city with a
schedule of their proposed construction activities for that calendar year
in, around or that may affect the public rights of way.
B. Each grantee shall meet with the city, other grantees and users of the
public rights of way annually or as determined by the city to schedule
and coordinate construction in the public rights of way.
C. All construction locations, activities and schedules shall be coordinated,
as ordered by the city engineer, to minimize public inconvenience,
disruption or damages. All construction locations, activities and
schedules involving overhead construction shall also be coordinated also
with the Department of Electric Utilities in order to ensure facilities and
space are available.
PAGE 14-TELECOMMUNICATIONS ORDINANCE a:«��� +��� •d��
Chapter 16.16
Location of Telecommunications Facilities
Sections:
16.16.010 Location of Facilities
16.16.020 Interference with the Public Rights of Way
16.16.030 Relocation or Removal of Facilities
16.16.040 Removal of Unauthorized Facilities
16.16.010 Location of Facilities. All facilities located within the public right of way or
utility easements shall be constructed, installed and located in accordance with the
following terms and conditions, unless otherwise specified in a license or franchise
agreement:
A. Grantee shall install its telecommunications facilities underground unless
the city specifically permits attachments to utility poles or other
aboveground facilities.
B. Grantee shall install its telecommunications facilities within an existing
underground duct or conduit owned by it whenever surplus capacity
exists within such utility facility.
C. A grantee with permission to install overhead facilities shall install its
telecommunications facilities on pole attachments to existing utility poles
only, and then only If surplus space is available as determined by the
Department of Electric Utilities.
D. Whenever any existing electric utilities are located underground within a
public right of way of the city, a grantee with permission to occupy the
same public right of way must also locate its telecommunications facilities
underground. Whenever any overhead electric utilities are relocated
underground, any grantee with permission to occupy the same public
right of way must also relocate underground.
E. Whenever any new or existing electric utilities, cable facilities or
telecommunications facilities are located or relocated underground within
a public right of way of the city, a grantee that currently occupies the
same public right of way shall relocate its facilities underground
concurrently with the other affected utilities to minimize disruption of the
public right of way, absent extraordinary circumstances or undue
hardship as determined by the city and consistent with state law.
F. Whenever new telecommunications facilities will exhaust the capacity of a
public street or utility easement to reasonably accommodate future
telecommunications carriers or facilities, the city may require the grantee,
PAGE 15-TELECOMMUNICATIONS ORDINANCE �n:o.m�.� ua. +•e•�
to provide additional ducts, conduits, manholes and other facilities for
nondiscriminatory access to future carriers.
G. The city engineer may grant exceptions to some or all of the
requirements of this section if the engineer determines, in the engineer's
sole discretion, that a waiver is necessary to fulfill the purpose and intent
of this title.
16.16.020 Interference with the Public Rights of Way. No grantee may locate or
maintain its telecommunications facilities so as to unreasonably interfere with the use
of the public rights of way by the city, by the general public or by other persons
authorized to use or be present in or upon the public rights of way. All such facilities
shall be moved by the grantee, temporarily or permanently, as determined by the city
at the sole expense of the grantee. All use of public rights of way shall be consistent
with city codes, ordinances and regulations.
16.16.030 Relocation or Removal of Facilities. Within 60 days following written notice
from the city, a grantee shall, at its own expense, temporarily or permanently remove,
relocate, change or after the position of any telecommunications facilities within the
public rights of way whenever the city shall have determined that such removal,
relocation, change or alteration is reasonably necessary for:
A. The construction, repair, maintenance or installation of any city or other
public improvement in or upon the public rights of way.
B. The operations of the city or other governmental entity in or upon the
public rights of way.
Notwithstanding the 60 day limit, a grantee shall, at its own expense, relocate
overhead facilities within 30 days following written notice from the Electric Utilities
Department that the city has space on poles for such purpose.
The 60 day limit may be waived by consent of the parties. Waivers shall not be
unreasonably withheld.
16.16.040 Removal of Unauthorized Facilities. Within 30 days following written notice
from the city, any grantee, telecommunications carrier, or other person that owns,
controls or maintains any unauthorized telecommunications system, facility or related
appurtenances within the public rights of way of the city shall, at its own expense,
remove such facilities or appurtenances from the public rights of way of the city. A.
telecommunications system or facility is unauthorized and subject to removal in the
following circumstances:
A. One year after the expiration or termination of the grantee's
telecommunications license or franchise.
PAGE 16-TELECOMMUNICATIONS ORDINANCE (pwd%tsiw« xta�.a-n
B. Upon abandonment of a facility within the public rights of way of the city.
A facility will be considered abandoned when it is deactivated, out of
service, or not used for its intended and authorized purpose for a period
of 90 days or longer. A facility will not be considered abandoned if it is
temporarily out of service during performance of repairs, If the facility Is
being replaced or if the facility has been disconnected because the
building or property being served is vacant
C. If the system or facility was constructed or installed without the prior
grant of a telecommunications license or franchise.
D. If the system or facility was constructed or installed without the prior
issuance of a required construction permit.
E. If the system or facility was constructed or installed at a location not
permitted by the grantee's telecommunications license or franchise.
F. if the system interferes with or adversely affects existing
telecommunication facilities.
The 30 day limit may be waived by consent of the parties. Waivers shall not be
unreasonably withheld.
If all the facilities and appurtenances are not removed within one year after the
termination or expiration of the franchise or license or such further time as may be
granted by the city, they shall be forfeited to the city. The city may notify the grantee,
carrier or other person described above that it waives forfeiture and may compel
removal from the public right of way and restoration of the right of way and may
maintain court suit to require such removal and restoration by the grantee, carrier or
other person or the payment of the cost thereof by the grantee, carrier or other
person.
PAGE 17-TELECOMMUNICATIONS ORDINANCE
Chapter 16.20
Telecommunications License of Franchise
Sections:
16.20.010 Telecommunications License
16.20.020 Telecommunications Franchise
16.20.030 Application
16.20.040 'Application and Review Fee
16.20.050 Determination by the City
16.20.060 Rights Granted
16.20.070 Term of Grant
16.20.080 License Route
16.20.090 Franchise Territory
16.20.100 Compensation to City
16.20.110 Amendment of Grant
16.20.120 Renewal Applications
16.20.130 Renewal Determinations
16.20.140 Obligation to Cure As a Condition of Renewal
16.20.150 Assignments or Transfers of Grant, Notice to City
16.20.160 Transactions Affecting Control of Grant
16.20.170 Revocation or Termination of Grant
16.20.180 Notice and Duty to Cure
16.20.190 Public Hearing
16.20.200 Standards for Revocation or Lesser Sanctions
16.20.210 Other City Costs
16.20.010 Telecommunications License. A telecommunications license shall be
required of any telecommunications carrier who desires to occupy specific public
rights of way of the city identified by the carrier.
16.20.020 Telecommunications Franchise. A telecommunications franchise shall be
required of any telecommunications carrier who desires to occupy public rights of way
of the city based on geographic areas within the city.
16.20.030 Application. Any person that desires a telecommunications license or
franchise pursuant to this chapter shall file an application with the Finance Department
which shall include the following information:
A. The identity of the applicant, including all affiliates of the applicant doing
business in the State of Oregon.
B. A description of the telecommunications services that are or will be
offered or provided by the applicant over its telecommunications facilities
within the City.
PAGE 18-TELECOMMUNICATIONS ORDINANCE a:«mtaua« .o-n
C. A description of the transmission medium that is being used or will be
used by the applicant to offer or provide such telecommunications
services within the City.
D. Preliminary engineering plans, specifications and a network map of the
facilities to be located within the city, including copies in a computerized
format specified by the city and all in sufficient detail to identify:
1. the location and route requested for applicant's proposed
telecommunications facilities;
2. the location of all aboveground and underground public utility,
telecommunication, cable, water, sewer, storm drainage and other
facilities in the public rights of way along the proposed route;
3. the location(s), If any, for interconnection with the telecommunications
facilities of other telecommunications carriers;
4. the specific trees, structures, improvements, facilities and obstructions,
R any, that applicant proposes to temporarily or permanently remove or
relocate.
E. If applicant is proposing to install aboveground facilities, to the extent that
they will be using utility poles, evidence Electric Utilities Department that
surplus space is available for locating its telecommunications facilities on
existing utility poles along the proposed route; and N surplus space is not
available in some or all service areas, an indication of these locations and
a 'make ready' schedule for completion.
F. If the applicant is proposing an underground installation in existing ducts
or conduits within the public rights of way, provide information in
sufficient detail to identity:
1. the excess capacity currently available in such ducts or conduits
before installation of applicant's telecommunications facilities;
2. the excess capacity, If any, that will exist in such ducts or conduits
after installation of applicant's telecommunications facilities.
G. If applicant is proposing an underground installation within new ducts or
conduits to be constructed within the public rights of way:
1. the location proposed for the new ducts or conduits;
2. the excess capacity that will exist in such ducts or conduits after the
installation of applicant's telecommunications facilities.
H. A preliminary construction schedule and completion date.
1. Financial statements prepared in accordance with generally accepted
accounting principles demonstrating the applicant's financial ability to
construct, operate, maintain, relocate and remove the facilities.
PAGE 19-TELECOMMUNICATIONS ORDINANCE (n:ordw xta. .an
J. Information in sufficient detail to establish the applicant's technical
qualifications, experience and expertise regarding the
telecommunications facilities and services described in the application.
K. Information to establish that the applicant has obtained all other
governmental approvals and permits to construct and operate the
facilities and to offer or provide the telecommunications services
proposed.
L. Whether the applicant intends to provide cable service, video dial tone
service or other video programming service, and sufficient information to
determine whether such service is subject to cable franchising.
M. An accurate map showing the location of any existing
telecommunications facilities in the city that applicant intends to use or
lease.
N. A description of the services or facilities that the applicant will offer or
make available to the city and other public, educational and
governmental institutions.
O. As Builts, after completion of initial construction.
P. A description of applicant's access and line extension policies.
0. The area or areas of the city the applicant desires to serve and a
schedule for build-out to the entire franchise area.
R. Such other information as may be requested by the city administrator or
the administrator's designee.
16.20.040 Application and Review Fee.
A. Any applicant for a license or franchise pursuant to this chapter shall pay
an application and review fee in an amount to be determined by
resolution of the city council.
B. The application and review fee shall be deposited with the city as part of
the application filed pursuant to section 16.20.030.
16.20.050 Determination by the city. The city shall issue a written determination
granting or denying the application in whole or in part, applying the standards listed
below. If the application is denied, the written determination shall include the reasons
for denial. The standards to be applied by city are:
A. The financial and technical ability of the applicant.
PAGE 20-TELECOMMUNICATIONS ORDINANCE
B. The legal ability of the applicant.
C. The capacity of the public rights of way to accommodate the applicant's
proposed facilities.
D. The capacity of the public rights of way to accommodate additional utility
and telecommunications facilities if the license is granted.
E. The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the license or franchise is
granted.
F. The public interest in minimizing the cost and disruption of construction
Within the public rights of way.
G. The service that applicant will provide to the community and region.
H. The effect, if any, on public health, safety and welfare if the license or
franchise is granted.
I. The availability of alternate routes or locations for the proposed facilities.
J. Applicable federal and state telecommunications laws, regulations and
policies.
K. Such other factors as may.demonstrate that the grant to use the public
rights of way will serve the community interest.
16.20.060 Rights Granted. No license or franchise granted under this chapter shall
convey any right, tide or interest in the public rights of way, but shall be deemed a
grant to use and occupy the public rights of way for the limited purposes and term
stated in the license or agreement. Further, no license or franchise shall be construed
as any warranty of tide.
16.20.070 Term of Grant. Unless otherwise specified in a license or franchise
agreement, a telecommunications license or franchise granted under this title shall be
in effect for a term of five years.
16.20.080 License Route. A telecommunications license granted under this chapter
shall be limited to a grant to use specific public rights of way and defined portions of
the rights of way.
16.20.090 Franchise Territory. A telecommunications franchise granted under this
chapter shall be limited to the specific geographic area of the city to be served by the
franchise grantee, and the public rights of way necessary to serve such areas.
PAGE 21-TELECOMMUNICATIONS ORDINANCE
16.20.100 Compensation to City. Each license and franchise granted under this
chapter is subject to the city's right, which is expressly reserved, to annually fix a fair
and reasonable compensation to be paid for the privileges granted; provided, nothing
in this chapter shall prohibit the city and a grantee from agreeing to the compensation
to be paid.
16.20.110 Amendment of Grant. Conditions for amending a license or franchise:
A. A new application and grant shall be required of any telecommunications
carrier that desires to extend or locate its telecommunications facilities in
public rights of way of the city which are not included in a license or
franchise previously granted under this titre.
B. If ordered by the city to locate or relocate its telecommunications facilities
in public rights of way not included in a previously granted license or
franchise, the city shall grant an amendment without further application.
A new application and grant shall be required of any telecommunications carrier that
desires to provide a service which was not included in a license or franchise previously
granted under this title.
16.20.120 Renewal Applications. A grantee that desires to renew its license or
franchise under this chapter shall, not less than 90 days before expiration of the
current agreement, file an application with the city for renewal of its license or
franchise which shall include the following information:
A. The information required pursuant to section 16.20.030 that has not
previously been provided to the City in connection with grantee's existing
franchise agreement.
B. Any information required pursuant to the license or franchise agreement
between the city and the grantee.
16.20.130 Renewal Determinations. Within 90 days after receiving a complete
application under section 16.20.120, the city shall issue a written determination
granting or denying the renewal application in whole or in part, applying the following
standards. If the renewal application is denied, the written determination shall include
the reasons for non-renewal.
A. The financial and technical ability of the applicant.
B. The legal ability of the applicant.
C. The continuing capacity of the public rights of way to accommodate the
applicant's existing facilities.
PAGE 22-TELECOMMUNICATIONS ORDINANCE a:oa�trKu.�� .o-n
D. The applicant's compliance with the requirements of this title and the
license or franchise agreement.
E. Applicable federal, state and local telecommunications laws, rules and
policies.
F. Such other factors as may demonstrate that the continued grant to use
the public rights of way will serve the community interest.
16.20.140 Obligation to Cure As a Condition of Renewal. No license or franchise shall
be renewed until any ongoing violations or defaults in the grantee's performance of the
agreement, or of the requirements of this title, have been cured, or a plan detailing the
corrective action to be taken by the grantee has been approved by the city.
16.20.150 Assignments or Transfers of Grant, Notice to City.
A. Grantee shall notify the City quarterly of the sale or lease of the capacity,
bandwidth, lit fiber, dark fiber or switching services to any other
telecommunications carrier. Notice, or city approval, prior to the
transaction is not required, so long as grantee remains solely responsible
for carrying out its obligations under its franchise agreement and this
chapter. Transactions between affiliated interests are not exempt from
this notice requirement.
B. Ownership or control of a telecommunications system, license or
franchise may not, directly or indirectly, be transferred, assigned or
disposed of by sale, lease, merger, consolidation or other act of the
grantee, by operation of law or otherwise, without the prior consent of
the city, which consent shall not be unreasonably withheld or delayed,
and then only on such reasonable conditions as may be prescribed in
such consent.
1. Grantee and the proposed assignee or transferee of the grant or
system shall provide and certify the following information to the
city not less than 120 days prior to the proposed date of transfer:
a. Complete information setting forth the nature, terms and
condition of the proposed transfer or assignment;
b. All information required of a telecommunications license or
franchise applicant pursuant this chapter with respect to the
proposed transferee or assignee;
c. Any other information reasonably required by the city.
2. No transfer shall be approved unless the assignee or transferee
has the legal, technical, financial and other requisite qualifications
to own, hold and operate the telecommunications system pursuant
to this title.
PAGE 23-TELECOMMUNICATIONS ORDINANCE a:«�=a• �=a •���
3. Unless otherwise provided in a license or franchise agreement, the
grantee shall reimburse the city for all direct and indirect fees,
costs, and expenses reasonably incurred by the city in considering
a request to transfer or assign a telecommunications license or
franchise.
4. Any transfer or assignment of a telecommunications grant, system
or integral part of a system without prior approval of the city under
this section or pursuant to a license or franchise agreement shall
be void and is cause for revocation of the grant.
16.20.160 Transactions Affecting Control of Grant. Any transactions which singularly or
collectively result in a change of ten percent or more of the ownership or working
control of the grantee, of the ownership or working control of a telecommunications
license or franchise, of the ownership or working control of affiliated entities having
ownership or working control of the grantee or of a telecommunications system, or of
control of the capacity or bandwidth of grantee's telecommunication system, facilities
or substantial parts of such capacity or bandwidth, shall be considered an assignment
or transfer requiring city approval pursuant to section 16.20.150. Transactions between
affiliated entities are not exempt from city approval.
16.20.170 Revocation or Termination of Grant. A license or franchise to use or occupy
public rights of way of the city may be revoked for the following reasons:
A. Construction or operation in the city or in the public rights of way of the
city without a license or franchise grant of authorization.
B. Construction or operation at an unauthorized location.
C. Unauthorized substantial transfer of control of the grantee.
D. Unauthorized assignment of a license or franchise.
E. Unauthorized sale, assignment or transfer of grantee's franchise or
license assets, or a substantial interest in the franchise or license.
F. Misrepresentation or lack of candor by or on behalf of a grantee in any
application to the city.
G. Abandonment of telecommunications facilities in the public rights of way.
H. Failure to relocate or remove facilities as required in this title.
I. Failure to pay taxes, compensation, fees or costs when and as due the
city.
J. Insolvency or bankruptcy of the grantee.
PAGE 24-TELECOMMUNICATIONS ORDINANCE tp:o4td. Xtel. A-11
K. Violation of a material provision of this title.
L Violation of a material term of a license or franchise agreement.
16.20.180 Notice and Duty to Cure. In the event that the city believes that grounds
exist for revocation of a license or franchise, the city shall give the grantee written
notice of the apparent violation or noncompliance, providing a short and concise
statement of the nature and general facts of the violation or noncompliance, and
providing the grantee a reasonable period of time not exceeding 30 days to furnish
evidence:
A. That corrective action has been, or is being actively and expeditiously
pursued, to remedy the violation or noncompliance.
B. That rebuts the alleged violation or noncompliance.
C. That it would be in the public interest to impose some penalty or sanction
less than revocation.
16.20.190 Public Hearing. In the event that a grantee fails to provide evidence
reasonably satisfactory to the city as provided in section 16.20.180, the city
administrator shall refer the apparent violation or non-compliance to the city council.
The city council shall provide the grantee with notice and a reasonable opportunity to
be heard concerning the matter. „
16.20.200 Standards for Revocation or Lesser Sanctions. If persuaded that the grantee
has violated or failed to comply with material provisions of this title, or of a franchise or
license agreement, the city council shall determine whether to revoke the license or
franchise, or to establish some lesser sanction and cure, considering the nature,
circumstances, extent and gravity of the violation as reflected by one or more of the
following factors:
A. Whether the misconduct was egregious.
B. Whether substantial harm resulted.
C. Whether the violation was intentional.
D. Whether there is a history of prior violations of the same or other
requirements.
E. Whether there is a history of overall compliance.
F. Whether the violation was voluntarily disclosed, admitted or cured.
16.20.210 Other City Costs. All grantees shall, within 30 days after written demand,
reimburse the city for all direct and indirect costs and expenses incurred by the city in
PAGE 25-TELECOMMUNICA7IONS ORDINANCE a:«d%ta�xt •d-+i
connection with any modification, amendment, renewal or transfer of the license or
franchise or any license or franchise agreement.
PAGE 26-TELECOMMUNICATIONS ORDINANCE w:«eu� ur .o-n
Chapter 16.24
General License and Franchise Terms, Rates
Sections:
16.24.010 Facilities
16.24.020 Damage to Grantee's Facilities
16.24.030 Duty to Provide Information
16.24.040 Nondiscrimination
16.24.050 Service to the City
16.24.060 Compensation for City Property
16.24.070 Franchise and License Fees
16.24.080 Cable Franchise
16.24.090 Leased Capacity
16.24.100 Grantee Insurance
16.24.110 General Indemnification
16.24.120 Performance Surety
16.24.010 Facilities. Each grantee shall provide the city with an accurate map or maps
certifying the location of all telecommunications facilities within the public rights of way.
Each grantee shall provide updated maps annually including copies in a computerized
format specified by the city.
16.24.020 Damage to Grantee's Facilities. Unless directly and proximately caused by
willful, intentional or malicious acts by the city, the city shall not be liable for any
damage to or loss of any telecommunications facility within the public rights of way of
the city as a result of or in connection with any public works, public improvements,
construction, excavation, grading, filling, or work of any kind in the public rights of way
by or on behalf of the city, or for any consequential losses resulting directly or
indirectly from such work.
16.24.030 Duty to Provide Information. Within ten days of a written request from the
city, each grantee shall furnish the city with information sufficient to demonstrate:
A. That grantee has complied with all requirements of this title.
B. All books, records, maps and other documents, maintained by the
grantee with respect to its facilities within the public rights of way shall be
made available for inspection by the city at reasonable times and
intervals.
16.24.040 Nondiscrimination. A grantee shall make its telecommunications services
available to any customer within its license or franchise area who shall request such
service, without discrimination as to the terms, conditions, rates or charges for
grantee's services; provided, however, that nothing in this chapter shall prohibit a
grantee from making any reasonable classifications among differently situated
customers.
PAGE 27-TELECOMMUNICATIONS ORDINANCE
16.24.050 Service to the City. A grantee shall make its telecommunications services
available to the city at its most favorable rate offered at the time of the request
charged to a similar user within Oregon for a similar volume of service, subject to any
of grantee's tariffs or price lists on file with the OPUC. Grantee may deduct the
applicable charges from franchise fee payments. Other terms and conditions of such
services may be specified in a separate agreement between the City and grantee.
16.24.060 Compensation for City Property. If any right is granted, by lease, license,
franchise or other manner, to use and occupy city property for the installation of
telecommunications facilities, the compensation to be paid for such right and use shall
be fixed by the city.
16.24.070 Franchise and License Fees. As compensation for the benefits and
privileges under its franchise or license and in consideration of permission to use the
right-of-way of the City, the grantee shall pay a quarterly franchise fee to the City,
through the duration of its franchise, as follows:
A. The minimum quarterly franchise fee shall be set by resolution of the
council.
B. The franchise fee shall equal a percent of the grantee's gross revenues
derived from grantee's provision of telecommunications services and
telecommunications facilities to retail customers and one percent (1%) on
all other gross revenues derived from grantee's provision of
telecommunications services and telecommunications facilities to
wholesale customers, including other telecommunications carriers. The
amount of the percent shall be set by resolution of the council.
C. The annual franchise fee collectable from a telecommunications utility
shall not exceed the maximum amount under Oregon Law. The city shall
accept from a telecommunications utility, in full payment of the franchise
fee, the maximum amount allowed under Oregon law. On request, the
telecommunications utility must provide documentation to support its
calculation.
D. Grantee shall be 'providing° telecommunications services or facilities if it
sells, leases, resells, or otherwise conveys such services or facilities for
consideration.
E. A grantee providing resold telecommunications services or facilities shall
be entitled to a credit against its franchise fee for an amount equal to a
percentage of the price paid for such services or facilities at wholesale.
Such percentage shall be set by resolution of the council.
F. Payment shall be made by each April 25, July 25, October 25 and
January 25 for the quarter just ended.
PAGE 28-TELECOMMUNICATIONS ORDINANCE a:�m=du.� •���
Any grantee who fails to remit any fee imposed by this chapter within 30 days of the
date it is due, shall pay interest at the rate of one percent (1%) per month or fraction
thereof on the amount of the fee from the date on which the remittance first became
due until paid.
16.24.080 Cable Franchise. Telecommunication carriers providing cable service shall
be subject to the city's cable franchise requirements.
16.24.090 Leased Capacity. A grantee shall have the right, without prior city approval,
to offer or provide capacity or bandwidth to its customers; provided:
A. Grantee shall notify the city that such lease or agreement has been
granted to a customer or lessee.
B. The customer or lessee has complied, to the extent applicable, with the
requirements of this title.
16.24.100 Grantee Insurance. Unless otherwise provided in a license or franchise
agreement, each grantee shall, as a condition of the grant, secure and maintain the
following liability insurance policies insuring both the grantee and the city, and its
elected and appointed officers, officials, agents and employees as coinsured:
A. Comprehensive general liability insurance with limits not less than
$1,000,000 for bodily injury or death to each person; $1,000,000 for
property damage resulting from any one accident; and, $1,000,000 for all
other types of liability.
B. Automobile liability for owned, non-owned and hired vehicles with a limit
of $1,000,000 for each person and $1,000,000 for each accident.
C. Workers' compensation within statutory limits and employer's liability
insurance with limits of not less than $1,000,000.
D. Comprehensive form premises-operations, explosions and collapse
hazard, underground hazard and products completed hazard with limits
of not less than $1,000,000.
The liability insurance policies required by this section shall be maintained by the
grantee throughout the term of the telecommunications license or franchise, and such
other period of time during which the grantee is operating without a franchise or
license, or is engaged in the removal of its telecommunications facilities. Each such
insurance policy shall contain the following endorsement:
°This policy may not be canceled nor the intention not to renew be stated
until 90 days after receipt by the city, by registered mail, of a written
notice addressed to the city's risk manager of such intent to cancel or
not to renew."
PAGE 29-TELECOMMUNICATIONS ORDINANCE
Within 60 days after receipt by the city of such notice, and in no event later than 30
days prior to the cancellation, the grantee shall obtain and furnish to the city evidence
that the grantee meets requirements of this section.
The insurance policy requirements of this section may be met by a program of self-
insurance acceptable to the city.
16.24.110 General Indemnification. Each license or franchise agreement shall include,
to the extent permitted by law, grantee's express undertaking to defend, indemnify and
hold the city and its officers, employees, agents and representatives harmless from
and against any and all damages, losses and expenses, including reasonable
attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to
arise out of or result from the negligent, careless or wrongful acts, omissions, failures
to act or misconduct of the grantee or its affiliates, officers, employees, agents,
contractors or subcontractors in the construction, operation, maintenance, repair or
removal of its telecommunications facilities, and in providing or offering
telecommunications services over the facilities or network, whether such acts or
omissions are authorized, allowed or prohibited by this title or by a grant agreement
made or entered into pursuant to this title.
16.24.120 Performance Surety. Unless the city otherwise specifically approves an
alternative security to assure performance, before a license or franchise granted
pursuant to this title is effective, the grantee shall provide and maintain a performance
bond, in form and substance acceptable to the city, as security for the full and
complete performance of this title, including any costs, expenses, damages or loss the
city pays or incurs because of any failure attributable to the grantee to comply with the
codes, ordinances, rules, regulations or permits of the city.
PAGE 30-TELECOMMUNICATIONS ORDINANCE �n:«m=.�. u�« •a n
Chapter 16.28
General Provisions
Sections:
16.28.010 Governing Law
16.28.020 Written Agreement
16.28.030 Nonexclusive Grant
16.28.040 Severability and Preemption
16.28.050 Penalties
16.28.060 Other Remedies
16.28.070 Captions
16.28.080 Compliance with Laws
16.28.090 Consent
16.28.100 Application to Existing Ordinance and Agreements
16.28.110 Confidentiality
16.28.010 Governing Law. Any franchise or license granted under this title is subject to
the provisions of the Constitution and laws of the United States, and the State of
Oregon and the ordinances and charter of the city.
16.28.020 Written Agreement. No franchise or license shall be granted unless the
agreement is in writing.
16.28.030 Nonexclusive Grant. No franchise or license granted under this title shall
confer any exclusive right, privilege, license or franchise to occupy or use the public
rights of way of the city for delivery of telecommunications services or any other
purposes.
16.28.040 Severability and Preemption. If any chapter, section, subsection, sentence,
clause, phrase, term, provision, condition, covenant or portion of this title is for any
reason held to be invalid or unenforceable by any court of competent jurisdiction, or
superseded by state or federal legislation, rules, regulations or decision, the remainder
of the title shall not be affected but shall be deemed as a separate, distinct and
independent provision, and such holding shall not affect the validity of the remaining
portions, and each remaining section, subsection, sentence, clause, phrase, provision,
condition, covenant and portion of this title shall be valid and enforceable to the fullest
extent permitted by law.
In the event that federal or state laws, rules or regulations preempt a provision or limit
the enforceability of a provision of this title, then the provision shall be read to be
preempted to the extent and or the time required by law. In the event such federal or
state law, rules or regulation is subsequently repealed, rescinded, amended or
otherwise changed so that the provision that had been preempted is no longer
preempted, such provision shall return to full force and effect, and shall be binding,
without the requirement of further action on the part of the city.
PAGE 31-TELECOMMUNICATIONS ORDINANCE
I
16.28.050 Penalties. Any person found guilty of violating, disobeying, omitting,
neglecting or refusing to comply with any of the provisions of this title shall be fined
not less than $500.00 for each offense. A separate and distinct offense shall be
deemed committed each day on which a violation occurs.
16.28.060 Other Remedies. Nothing in this title shall be construed as limiting any
judicial remedies that the city may have, at law or in equity, for enforcement of this
title.
16.28.070 Captions. The captions to sections throughout this title are intended solely
to facilitate reading and reference to the sections and provisions. Such captions shall
not affect the meaning or interpretation of this title.
16.28.080 Compliance with Laws. Any grantee under this title shall comply with all
federal and state laws and regulations, including regulations of any administrative
agency, as well as all ordinances, resolutions, rules and regulations of the city now in
effect or adopted in the future or established during the entire term of any franchise or
license granted under this title, which are relevant and relate to the construction,
maintenance and operation of a telecommunications system.
16.28.090 Consent. Wherever the consent of either the city or of the grantees under
this title is specifically required in a franchise or license granted, such consent will not
be unreasonably withheld.
16.28.100 Application to Existing Ordinance and Agreements. To the extent that this
title is not in conflict with and can be implemented with existing ordinance and
franchise agreements, this title shall apply to all existing ordinance and franchise
agreements for use of the public right of way for telecommunications.
16.28.110 Confidentiality. The city agrees to use its best efforts to preserve the
confidentiality of information designated by the grantee as a trade secret, to the extent
permitted by the Oregon Public Records Law.
PAGE 32-TELECOMMUNICATIONS ORDINANCE a:«mcdud .o-i�
Y O.IGON 1.1.
CITY OF ASHLAND { OF ASy`G.,
Department of Public Works
Public Works Administration
OREGON`
MEMORANDUM
DATE: February 13, 1998
TO: Honorable Mayor and Members of the City Council /
FROM: Paula C. Brown, PE, Public Works Director/City Engineer
RE: CONTINUED PUBLIC HEARING- WATER ISSUES '
ADDITIONAL INFORMATION
Attached are several spreadsheets outlining the various water options currently being discussed by
the City. Also attached are answers to questions that have been asked since the community water
forum. In an attempt to put all of the options on a somewhat equal footing, they are presented with
similar categories of information. Each of the options provides water in different ways; TID provides
a bulk of water deliverable at a flow rate constrained by their ditch; the TAP option provides a flat
rate of water per day based on a somewhat arbitrary choice of 25% of average daily demand in the
year 2050; conservation numbers and subsequent water savings are derived from a base year in 1992
and differ somewhat depending upon the amount of water available and weather conditions. The City
has implemented successfiil conservation programs and practices that have come close to saving the
500,000 gallons per day as targeted by the conservation study completed in 1991.
The current decision before council is driven by the cities of Talent and Phoenix. They are
proceeding toward constructing a water pipeline from the Medford Water Commission distribution
point to the City of Talent, regardless of any decision made by the City of Ashland. The City of
Ashland has an opportunity to be a part of the construction (likely to begin this fall) and upsize the
line from Talent to Ashland. The cities of Talent and Phoenix are proceeding to final design and need
a decision no later that March to ensure there are no impacts or delays to their process.
Ashland's water supply needs are driven by four factors:
Fire: are we able to handle both catastrophic and general fire suppression requirements
Drought: are we willing to be inconvenienced and rely on our current water supply
Flood and related emergencies: are we able to make a difference by providing other water
supply options
Growth: are we able to accommodate our"fair share"
As with any decision, there are numerous options and possible combinations. The majority of these
are listed in the attached spreadsheet. The community has been actively involved in the development
of these alternatives.
Recommendation
You are faced with several possible options. I am recommending that you adopt one of the
following:
1) Decide to proceed or not with the TAP Intertie project and continue to explore and plan for
Ashland's water supply needs, or
ff2)') Request additional time from Talent and Phoenix to complete a Comprehensive Master Plan
on Water Supply needs through the year 2050. This may necessitate an agreement with
Talent and Phoenix to pay their engineer additional design costs to design the 24 inch line.
This option would allow the City to complete analysis on other water sources (wells, springs,
etc.), as well as time to discuss easements, water rights and other issues involving other
agencies to get a better understanding of our capabilities and realistic options.
Should the Council decide on recommendation#2, it is suggested that Council allow staff the option
of either completing a short request for proposals (RFP) waiving the 30 day advertising rule, or
allowing staff to sole source the consulting of the Master Plan. It is expected that the Plan will take
a minimum of 3-4 months to complete (including public involvement) at a cost of$20,000-30,000.
Much of the information is available, and staff would work closely to ensure there is no unnecessary
duplication of efforts. It is expected that the Public Works Director would take the lead with
coordination from the Interim City Administrator and the Regional Affairs Director.
If there are any questions prior to the Council meeting, please contact me.
La ° R`
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ANSWERS TO COMMUNITY QUESTIONS ON WATER OPTIONS
1) Are there BOR dollars for the piping of TID canal?
In informal discussions with TID, it appears likely that TID and BOR will discuss options
of piping the canal for mutual benefit. At what portions each of the players will participate
remains unknown and will be negotiated. It could be a three way split, or Ashland could
claim the majority of the beneficial use and end up paying considerably more.
2) How are the water savings split if we pipe TID?
Again, this is up for negotiation, but it could be fair to discuss that if Ashland pays a third,
then Ashland would be able to speak for a third of the"saved" water. Discussion have
included having the saved water transferred to in-stream use. Again, all of this must be
discussed and agreed upon.
3) How much water do we save if we pipe TID? What are the impacts to shallow wells that might
benefit from this TID loss? Would Ashland have any obligation to provide water to these users?
BOR and TID are completing their water loss analysis. Data is not yet available. It has
been assumed that savings would be 20-over 50%. I expect we will see early season
losses considerably higher(initial leakage through the ditch will be high as system is
energized in the spring), and evening out to around 20-30% (evaporation and leakage)
during the majority of the season. It is unclear what impact piping the ditch would have
on shallow wells, or whether Ashland, TID or BOR would have any responsibility if
private wells are adversely affected.
4) Can we put in another pipe in Phoenix and still deliver water to Ashland? If so what are
those costs?
The maximum amounts of water pumped through a pipe is a function of velocity(how fast
the water moves through the pipe) and pump head (pressure to move the water). If there
is a 24 inch pipe from Medford to Phoenix and another 18 inch pipe from Phoenix to
Talent, Ashland could connect a 12 or 15 inch line to Phoenix and still allow adequate
flows to Talent. There would be increased pumping needed to get adequate flow from
Phoenix to Ashland, and there may increased pumping required to get adequate flows
to Talent. Rough costs of constructing a 15 inch line from Ashland to Phoenix, plus pump
stations and rechlorination would be $8,440,000. This does not include cost of purchasing
fight of way for constructing the pipe, additional annual pumping costs, or the possible
need for increased pumping for Talent.
5) Where is TID measured?
Our current point of delivery for Ashland's TID water volumes, is located just inside City
limits near Starlight Place. No flows prior to that point of delivery are counted against the
WATER QUESTIONS AND ANSWERS-WATER FORUM AND CONTINUED PUBLIC HEARING _
FOR COUNCIL MEETING FEBRUARY 17,1998-PAULA BROWN,PUBLIC WORKS DEPARTMENT Pap 1 of 4
City's allocation. Should we be successful in our renegotiations with TID, and if we need ,
to take delivery of water after the normal irrigation season, our point of delivery will be
the Greensprings Power Plant and we will measure volumes at that point (including losses
along the ditch to City Limits).
6) Can we reserve railroad right of way easements and what are those costs?
Easements for the TAP project were secured through RailTex (Union Pacific) Railroad.
Prior to obtaining easements, the railroad required preliminary design and alignment
information. I am unsure if easements can be secured without preliminary design. Also,
with the TAP project obtaining easements on one side of the railroad right of way, and a
fiber optics line on the other side of the railroad right of way, it is unclear (without
preliminary design and further discussion) if this option is available. We might wish to
look at securing right of way through ODOT and Highway 99. The TAP project right of
way costs were approximately $100,000.
7) How much water is needed in storage reservoirs and what are those costs?
Typically communities require certain amounts of storage and an additional amount for
fire suppression. Ashland currently has just under 7 million gallons of storage and is
adequate for today's fire and general storage needs. However, we are planning for an
additional 1.5 to 2 million gallons of storage for the next 20 years for adequate general
storage and fire suppression capabilities. An additional 1.5 million gallon storage reservoir
plus connection piping to the existing system would cost approximately $1,200,000.
8) What is the cost of pumping water (annually) to Ashland from the TAP project?
Roughly these costs are expected to be $12,000 if water is pumped from Talent.
9) What are the pumping costs (annual) of TID water? Do we need to do any improvements to
the Terrace Street pump station to ensure we can pump future TID water?
Accurate pumping costs are unknown, and dependent upon actual amounts of water
pumped to the water treatment plant. There are some years when we have not had to
pump. If we pumped our full allocation we would probably spend $5000-6000 annually.
If we continued to pump our full allocation every year, we would need to do some work
and improve the current pump station (routine).
10) Can we obtain a permit for Lost Creek water without actually paying for the water rights up
front? If so how long before we have to pay? And do we have to prove up these new water
rights? How can we do that if we do not build the line from Talent to Ashland?
Currently, municipalities have been able obtain permitted water rights without having to
show beneficial use of the water. Domestic wells and irrigation users are required to
"prove" their beneficial use within five years of obtaining water rights. This issue is being
discussed by the State Water Master's office later in February, and we are not sure if there
WATER QUESTIONS AND ANSWERS-WATER FORUM AND CONTINUED PUBLIC HEARING
FOR COUNCIL MEETING FEBRUARY 17,1998-PAULA BROWN,PUBLIC WORKS DEPARTMENT page 2 of
will be a change in interpretation of beneficial use and the requirement to"prove" the
water right. The permit for Lost Creek water is obtained through the Army Corps of
Engineers. The City can request the permit and reserve water rights and extend the
request without having to actually pay for the rights. Again, this is up for interpretation
now and we should have additional information in March.
11) Will water in Lost Creek or TID System even be available in 50 years?
Discussions with the State Water Master's office indicate that 23,000 acre feet of water
are available in Lost Creek for municipal use. Less than 15% has been allocated to other
cities (Eagle Point, Talent, Central Point, and Phoenix). Medford has water rights through
the Rogue River and Big Butte Springs. At this point, if Ashland reserves water rights,
we will have priority behind these other cities and ahead of any others (ie: we will have
priority over the remaining 85% of the water in Lost Creek). There have been discussions
of allocating a portion of Lost Creek waters to in-stream use.
12) Is there a State Law regarding the conversion of Agriculture waters to M&I? If so, how
does that impact our decision?
13) How do Ashland citizens pay for the water-monthly increases for each option?
Any new water supply source and associated construction will be paid by both current
users and future users. Future users will pay through Systems Development Charges
(SDCs). The proportion of the split between current and future depends upon benefit. At
this time without exact calculations, it is expected the split will be between 30-50%
current users and 50-70% SDCs. All costs will be amortized over 15 to 20 years. Capital
improvements of significant size may go to a vote of the community to obligate various
types of bonding capability. Jill Turner, Finance Director, will be prepared at the Council
Meeting on February 17 to discuss the $1,000,000 and the $7,000,000 option and the cost
to current homeowner's average water rates.
14) What are the "fish"impacts of each option? (Ashland/Bear Creek vs Rogue River)
It is not absolutely clear as to the"fish" impacts. Our awareness levels have grown and
there is more attention given to environmental impacts of the decisions we make. The
Coho Salmon listing and potential Steelhead listing requires that we do not adversely
impact habitat and rearing conditions. Flow rates, especially in low flow streams and
creeks, will necessitate certain amounts of flow at compatible conditions (temperature,
dissolved oxygen, etc.). Because these are new conditions and we do not fully understand
the implications, we can only speculate that we will be required to ensure that if we"take"
more water from the creek that we cannot take more than is necessary for fish habitat and
rearing requirements. It is expected that there will be minimum flow requirements
established for the creeks. As Ashland Creek and Bear Creek are both low flow creeks,
there is more impact here than at the Rogue River system. Piping TID may allow us to
return water savings to the creek for in-stream use. Drawing water from Lost Creek, with
only minimal amounts of water rights currently allocated for municipalities, should not
WATER QUESTIONS AND ANSWERS-WATER FORUM AND CONTINUED PUBLIC HEARING
FOR COUNCIL MEETING FEBRUARY 17,1998-PAULA BROWN,PUBLIC WORKS DEPARTMENT page 3 of 4
1
have a negative impact at this time on the Rogue River needs.
15) Is there an option for a fire fighting reserve that would not be used for domestic use?
There are some communities that have a separate water distribution system for fire flows.
It is expensive as it would mean running separate lines to every fire hydrant and having a
separate storage reservoir just for fire suppression needs.
16) Can we sell back our water rights if we don't need them in the future?
When this question is asked, the answer received is"I don't see why not". It is not an
issue that has an established precedence. Water is a valuable commodity and if there are
other communities that need the water, water rights can be transferred and the other
community would pay for those rights. It would appear that it is a likely option that if
Ashland bought water rights and later determined there is no need for these rights, that
they could be sold.
17)How much water can go through an 18 inch pipe and a 24 inch pipe?
Water through a pipe is a function of the type of pipe, the size of the pipe, the distance
traveled, and in this case, the size of the pump. For discussion purposes, and assuming
"normal" pump sizes and"normal" velocities (5 feet per second) in the pipe, the following
amounts are acceptable:
24 inch pipe could yield over 10 million gallons per day (mgd)
18 inch pipe could yield approximately 6 mgd
30 inch pipe approximately 16 mgd
18)Are there other water sources?
The current discussion has been limited to TID, Lost Creek water treated by Medford Water
Commission, additional reservoirs at Winburn Way, and additional storage reservoirs (tanks).
Recent discussions have questioned whether or not there is water in underground springs and
aquifers in the Railroad District or other areas in Ashland. The availability of reliable water
and water rights are unknown and need further evaluation to determine their viability.
19)During the drought didn't Medford have water curtailment?
Lost Creek didn't completely fill until after the 1994 drought period. Medford did have
impacts during the drought.
20) What do we want the water for?
Ashland's water supply needs are driven by four factors:
Fire: are we able to handle both catastrophic and general fire suppression requirements
Drought: are we willing to be inconvenienced and rely on our current water supply
Flood and related emergencies: are we able to make a difference by providing other water
supply options
Growth: are we able to accommodate our"fair share"
WATER QUESTIONS AND ANSWERS-WATER FORUM AND CONTINUED PUBLIC HEARING
FOR COUNCIL MEETING FEBRUARY 17,1998-PAULA BROWN,PUBLIC WORKS DEPARTMENT page 4 of 4
ASHLAND FIRE & RESCUE
M E M O
4
February 13, 1998
TO: Mayor Cathy Golden & City Council
FROM: Keith E. Woodley, Fire Chief
SUBJECT: Ashland Secondary Water Source
Background
Currently the Mayor & Council are deliberating over the public
policy decision of establishing a secondary water supply for
municipal water needs. In the course of these discussions, the
issue of adequate water supply for fire protection has been
raised. To achieve this and other important objectives, it is
important to consider the elements of supply, storage and
distribution as they relate to the water system. The purpose of
this memo is to provide comment from a fire protection
perspective on this issue.
Discussion
Our current municipal water system poses several risk factors
from a fire protection perspective. Because our sole source of
water is Reeder Reservoir, and our impounded water supplies
within the city are inadequate, we are placed in a high risk
position should a large fire occur within the north end of the
Ashland Watershed. We understand from evaluations conducted as
early as 1986, that should a large stand-replacing fire occur in
the vicinity of Reeder Reservoir, in the aftermath we may
reasonably anticipate mass erosion under typical winter/spring
weather. During the first two years, sediment yield from erosion
would be high, with damage continuing for the next five years
until revegetation occurs . (Bill Rose, 1986) . This deposition
will severely restrict the water holding capacity of the
reservoir and will precipitate a corresponding shortage of water
within the city.
Memo to Mayor Golden and City Council Members
Ashland Secondary Water Source
February 13, 1998
Page Two
The storage capacity within the city is inadequate to maintain
sufficient flows and pressures for firefighting within some
neighborhoods in the higher elevations . These neighborhoods exist
in the South Mountain, Park Estates, Ashland Loop Road, Pinecrest
Terrace and upper Park Street . Future solutions to the water
supply issue should also address the need for additional water
retention facilities within the city.
The water distribution system is one of the "weak links" in the
supply system. The highest risk element within the water
distribution system is the solitary supply line running down
Ashland Canyon from Reeder Reservoir. This line is highly
susceptible to damaging events such as slope failures, floods and
timber blow-downs . Much of the transmission line is exposed at
and above the ground surface . The current delivery system does
not provide for backup or redundancy in water transmission from
the reservoir. Increased cross-gridding, upsizing of key .
transmission mains and avoidance of dead-end main designs will
also strengthen the municipal water supply.
Recommendation
From a fire protection standpoint, providing for a secondary
water source for the City of Ashland is a prudent decision.
Public Works Director Paula Brown has previously provided the
Council with an accurate assessment of fire flow requirements
based on industry standards . obviously, a number of options are
available to us in achieving this objective. Given the
geographical location, total reliance on a sole source reservoir
system is unwise from a risk management approach. The solution
selected should also address retention and distribution, in
addition to the supply source needs of the municipal water
system.
February 16, 1998
TO: Ashland City Council
From: Sid Field
525 Tucker St.
Ashalnd, OR
Subject: Second Water Source
I would like to voice my approval of the concept to add a second water
supply source via a connection in Talent. My reasons for this are based on
two very important issues.
1. As our elected representatives you have a responsibility to act
judiciously in providing infrastructures for the safety and well being of all
the citizens. A single source water system does not meet the test when it
comes to our city fire fighting capabilities. I was the president of a home
owners group which had 187 homes prior to the Oakland California
Firestorm and 74 homes after the fire. There were several weather reasons
that this fire was so devastating, all of which could occur here. Many of
my neighbor's homes could have been saved if there had been an
adequate supply of water. Unfortunately the City of Oakland had its
reservoirs high in the hills with no backup power and no looping of the
water system, with adequate pressure controls. We need a looped system
that will allow the city to draw on another water source for future fire
protection. A similar example of the value of a looped system took place
just three weeks ago when the natural gas line ruptured in Wolf Creek.
Had the gas line not been looped two years ago this city as well as the
rest of the Rogue Valley would have been out of gas for many days.
2. The capital costs will only continue to grow over time. The price today is
large but we need to look to the future. Conservation is an excellent plan
but it is not going to provide for all of our needs in the future. The year
2020 is not the future. It is but just around the corner. We need water for
our grandchildren. As council members you need to think in a longer
perspective than your current comprehensive plan. Please follow the
leadership of those who built Reeder Reservoir and provide the leadership
which will carry Ashland into the future.
Sid Field
. ti'•OF��X�G .
MEMORANDUM
'•,G4EG0� .'
To: Mayor and City Council
From: Jill Turner, Director of Finance
Subject: TAP costs
Date: February 17, 1998
I was asked to prepare estimated water rate and water supply system development
charge increases for the TAP proposals. Here are the three options.
Option A- Do nothing. The current SDC model uses a population of 21,130.
Option B- Spend $1,000,000 in 1998-99 (70% growth/30% current customers)
Pay $500,000 from water supply SDC and finance the balance at 6% for 20
years. Assume that growth continues to a population of 21,130.
Option C-Spend $7,000,000 in 1998-99 ( 70% growth/30% current customers)
Pay $1,000,000 from water supply SDC and finance the balance at 6% for 20
years. Assume that growth continues to a population of 21,130.
Option A Option B Option C
Average Res Annual Water Bill 270.60 274.66 291.68
Percent Increase - 1.50% 7.79%
Water Supply SDC 419.00 .812.00 3,166.00
Percent Increase - 93.8% 755.6%
Total Water SDC 2,876.00 3,269.00 5,623.00
Percent Increase - 13.7% 95.5%
t `
February 17, 1998
City Council
City Hall
Ashland, Oregon 97520
Dear Mayor and City Council,
Please accept this letter as a formal plea to address the serious problem of providing
water for emergency situations and the future residents of Ashland by joining the
Talent-Ashland-Phoenix intertie.
While we do not reside within the Ashland city limits, we are landlords for over 200
bedroom units within the City and are responsible for providing water and sanitation
for these tenants. The flood of 1996-1997 and the resulting water crisis caused severe
hardship for our tenants and a legal liability on our part to react.
The following are some of the reasons for joining the intertie project:
1. We must address the long term water needs for the City. Looking only ten years into
the future is not far enough. We have the opportunity at this time to address the needs
of Ashland in the year 2050 and beyond. The population at that time needs to be able
to look back and commend our Council for their vision and courage to provide a long
term solution to the water problem.
2. We have a short term window to solve this problem through securing water rights
from Lost Creek Reservoir. These water rights might not be available in the year 2050.
3. The TID source is only a temporary solution. The City water rights, if indeed there
are any, are secondary to others who acquired them prior to the City and the desire of
the State Water Master. They are also at risk to the demands of the Klamath Indians for
the return of their water.
4. Drought years have been common in the last 20 years and water rationing necessary.
The TID solution relies on water that is specifically prioritized for agriculture through
prior water rights and may not be available for domestic use.
5. Southern Oregon University, the Oregon Shakespeare Festival and the Ashland
Community Hospital desperately need water to function and survive. They provide
significant economic stability to the Ashland economy and cannot be put out of
business due to the absence of water.
6. The cost of providing a solution to this problem will never be lower. At a minimum
the City should join the project to upsize the pipe and secure water rights from the Lost
Creek Dam.
7. This is not a growth issue. None of us want to see rapid growth in the City of
Ashland. Growth needs to be managed through the planning process not at the water
faucet.
8. Failure to act by the City Council would at a minimum be socially irresponsible
action and could possibly be legally irresponsible should a water crisis hit our
community again and economic ruin result due to the council's failure to address this
very important problem.
Please proceed with the Talent-Ashland-Phoenix water intertie.
Sincerely,
Chuck and Linda Butler
357 Reiten Drive
Ashland, Oregon 97520
02-17-98 05:42 PM i0 503 488 5311
POI
Decemberl6, 1997
To: Mayor Cathy Golden and Memebers of City Council
City of Ashland
Ashland, Oregon
Fax: 488-5311
From: Darrell A. Boldt
1950 Tamarack Pl.
Ashland, Oregon 97520
Phone: 482-4865
Fax: 482-7851
Ref Talent Ashland Phoenix(TAP)Water Intertie
Dear Mayor Golden and Members of the City Council,
I am unable to attend the City Council Meeting tonight. Would you please read the
following letter into the regard during the hearing on the Water Intertie.
I feel it is essential that we, the City of Ashland, continue to participate in the Phoenix
Talent intertie from the Medford water source. It is important that we pay the estimated
$525,000.00 for the incremental costs of increasing the size of the water line to allow for
providing 25%of Ashland water needs in the future. it is very likely that we will need the
water in the future during times of drought, fire, or flood. It is apparent that conservation
and TID will not be able to provide enough water during times of drought or natural
disaster in the future. TID is short on water during droughts and it serves its agricultural
customers first. There is also a possibility that,with the increasing concerns of the Native
American rights in the Klamath Basin, providing water from TD) may not be an option.
The estimated four million dollars to install the line and pump stations from Talent to
Ashland is less expensive than it would cost to provide other water supplies. Through a
system of control valves, the water would be able to provide water to the lower levels of
Ashland without going through the treatment plant. The existing system could supply
water to the upper levels of Ashland. The system could also be activated as it is needed,
contrary to earlier erroneous information that once the system is in place it would have to
be used on a continuous basis to remain functional.
Thank you for your consideration.
Darrell A.Boldt
TB-17-H TUE 4. 25 fM SWEET NAZ N0. 5414UN/34 f. Z
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DENNIS SWEET DVM 1645 HIGHWAY 66
JEFF AMEN DVM ASHLAND OREGON 97520
(541)482-1386
February 17, 1998
To: Ashland City Council
From: Dennis Sweet
Subject: Ashland-Talent Water Intertie
Problem: Occasional water outages(mostly floods)and shortages (drought).
Water sources:
1. Reeder reservoir
2. TID
3. wells
4. storage facilities
5. conservation program
6. recycle waste water
7. pipeline from Medford
8. additional reservoir
9. additional storage tanks
10. separate partially treated water distribution system
Available now
1,2,4, 5 (see above)
Other factors:
1. Increasing population
2. light industry development
Problems and limitations:
1. Reeder reservoir
a. capacity too small
b. subject to silting from aftermath of fire
c, subject to earthquake damage
d. cannot enlarge
2. TID
a. plant growth in ditches
b. leaky ditches
c. seasonal
d. upgrade costs unknown
e. effects of Klamath tribe lawsuit unknown
3. Wells
a. capacity unknown
b. treatment costs unknown
c, development costs unknown
d. distribution costs unknown
e. long process
FEB-17-98 TUE 4: 26 PM SWEET FAX 1d0, 5414820734 P. 3
4. Storage tanks
a. limited capacity
b. cost
c, site problems
d, filled from Reeder reservoir or TO
5. Conservation programs
a, eventual limitations
b. human ambivalence
6. Recycle waste water
a, now technology
b. cost unknown
c. capacity unknown
7. Pipeline from Medford
a. cost
b. requires cooperation with other cities and agencies
S. Additional reservoir
a, a long process
b, uncertain approval
c. subject to silting in the aftermath of a fire
d. subject to earthquake
a. probable high cost
9. Additional storage tanks
a. small capacity
b. cost
c, filled from Reader reservoir or TID
d. site problems
10. Separate partially treated water distribution system
a. cost
b. requires separate distribution system
c. limited use (irrigation of parks,golf ceases, etc)
d. possible use for fire fighting
Possible Solutions
1. Reeder reservoir
a. none
2. TID
a. replace ditches with pipe
b. renegotiate seasonal use to year round use
c.favorable resolution of IQamath tribal lawsuit
3. Wells
a. study potential capacity
b, study water treatment
4. Storage tanks
a. study capacity
'EB-17-98 TUE 4: 26 PM SWEET FAX N0. 5414820734 P. 4
5. Conservation programs
a. continue public education
6. Recycle waste water
a. feasibility study
7. Pipeline from Medford
a. available now
b. little environmental impact
c. cost will never be lower than now
8. Additional reservoirs
a. feasibility study
9. Additional storage
a. feasibility study
10. Separate partially treated water distribution system
a. feasibility study
Conclusion:
The population of Ashland and the area in general will continue to increase. At some time in the
future there will be a regional water system. The cost of the proposed intertis will never be lower
than right now. In the future Ashland may be able to sell the upsized capacity to Talent if
another water source Is developed.
As has been suggested, a master water plan for Ashland should be developed. However more
than a year has elapsed since the intertle to Talent was proposed, and there is no master plan in
process. It is not likely that any plan would be developed that would not include an imertie to
Medford.
Action Requested: (do one of the following)
Participate in the intertle to Talent and obtain water rights and pipeline easements from Ashland
to Medford.
Do not participate in the intertie to Talent, but obtain water rights and pipeline easements from
Ashland to Medford.
Participate in the intertis to Talent and immediately bring the water to Ashland. The input point
Into the Ashland system should be insulated from flood damage. This requires minor water
treatment at Talent. This potentially would alleviate water outages in the event of a flood and
reduce water shortages in a drought.
Ashland Chamber of Commerce
110 East Main St,
P.O. Box 1360
Ashland, Oregon 97520-0046
TO: Mayor.Cathy Golden & Ashland City Council (541)482-3486
FROM: President Ann Seltzer
Ashland Chamber of Commerce
DATE: February 18, 1998'
RE: Position on-Water Inter-tie
At the Ashland Chamber of Commerce Board meeting held on February 12, 1998, the
Board reached the following unanimous decision: .
The Chamber of Commeree,Board recognizes the Ashland City Council is under a time
pressure to make a decision on the water inter-tie.issue. We urge the.Council not to make
a decision until more information can be obtained regarding options and alternatives. The .
Board encourages the Council to consider paying additional engineering costs related to
the design of the.water inter-tie (e.g. larger trench for the larger pipe):should Ashland
decide to participate in:the inter-tie at a later date. It is also suggested that easements and
water rights•be secured for use at-a later date. The Chamber of Commerce Board strongly
recommends.that the City.develop an overall comprehensive Ovate_r plan'looking io future .
needs and alternatives for water-sources, storage,treatments and distribution systems. .. ,
CITY OF ASHLAND
Administration ; v -
°
Office of the City Administrator
MEMORANDUM °,EGOS,.•`••
DATE: February 12, 1998
TO: Honorable Mayor and City Council
FROM: Greg Scoles, Interim City Administrato
RE: Council Goals - 1998/99
Background
The following goals were developed by the City Council during the annual goal setting
meeting held on February 4, 1998.
1998199 Council Goals
1. Develop a plan to secure new facilities for the Fire Department.
2. Initiate a citywide strategic planning process.
3. Explore alternatives to current Local Improvement District (LID) process.
4. Encourage aftemative transportation modes, such as:
(A) Complete negotiations for right-of-way for the completion of the Central
Ashland bike path (Crowson Road to Jackson Road).
(B) Continue development of sidewalks and trail systems within the City.
(C) Investigate the possibility of developing lineal parks in conjunction with
trails to improve connectivity within the City.
(D) Review RVTD service levels and complete programmed transit stops.
(E) Adopt a preferred plan for the upgrade of Siskiyou Blvd. which includes
bike lanes.
J
Memorandum to Honorable Mayor and City Council
Re: Council Goals 1998/99
Page 2
5. Develop long-range plan for flood plain and riparian areas. Include
consideration for recommendations provided in the Ashland Creek Flood
Restoration Project (OTAK).
6. Develop long-range, comprehensive solution for water needs.
In addition to the goals the council established some °side-bar" issues which should
be addressed during the coming year. These side-bar issues included:
1. Review of existing utilization of City Hail office space (Mayor to initiate).
2. Schedule periodic updates of the Council by the Department Heads.
3. Sponsor Town Forum on fire issues.
City staff will be developing a program to implement the above goals and to integrate
them into the budget where necessary.
Recommendation
Staff recommends the Council adopt the Council Goals for 1998/99.
McmmdnYcd.19890a16%0cd8.rtan,
MINUTES FOR ANNUAL GOAL SETTING
ASHLAND CITY COUNCIL
February 4,1998
Annual Goal Setting took place at Southern Oregon University beginning at 8:30 am.
Attending: Mayor Golden,Councilors Hauck,Hagen,Wheeldon,DeBoer and Laws. Councilor Reid was
absent. Staff. Sharon Laws,Pete Lovrovich,John McLaughlin,Keith Woodley,Greg Scoles,All Turner,Paul
Nolte,Scott Fleuter,Dick Wanderscheid,and City Recorder Barbara Christensen.
Facilitators: Keri Green and John Morrison from Rogue Valley Council of Governments.
L Expectations of goal setting by mayor,council and staff.
a. Dialog instead of advocate.
b. See how all interact to help each department meet goals.
C. How council interacts as a team.
d. See reassurance with direction departments are going.
IL Overview of goals/plans by department heads were presented.
III. Past council goals were reviewed and noted whether completed,near completion or not completed.
IV. Visioning excersise: Future in the year 2010 and what the status quo would be,as seen by mayor,
council and staff.
QUESTION: "What would Ashland be like in 10 years if none of the existing opportunities to direct
the course of events were undertaken?"
RESPONSES:
1. All fine. 10. Fewer biking and walking.
2. No water in Talent. 11. Fire engine in a tent.
3. No difference between cities. 12. Things could be better than now.
4. Gridlock 13. Harder to own a home.
5. No electric utilities. 14. Less social/economic diversity.
6. Behind in technology. 15. Declining economy.
7. No forest management plan for water shed.
8. Ashland more like other small Oregon cities.
9. Hard to make decisions that people agree with.
QUESTION: "Imagine if everything you hope for,for Ashland,were to come true,what would
Ashland be like in 10 years?"
RESPONSES:
1. Unlimited communication infrastructure.
2. Busses,bikes,no cars.
3. Blue recycling containers around the city;solid waste reduced.
4. No power lines above ground.
5. A huge reservoir.
6. Public transportation system won't fit on narrow roads built in 1990's.
7. Smaller busses,silent.
8. All streets paved;all sidewalks connected.
9. Variety in our park system;additional swimming pool.
Council Goal Setting 2-04-98 Page 1
RESPONSES: (cont.)
10. European concept of city design;mixed use,apartments over businesses,parks.
11. Billings property is a golf course.
12. Healthy watershed.
13. Re-using water from treatment plant.
14. Communications direct from office to home.
15. Sustainable city living.
16. Lots of bike paths.
17. Siskiyou Boulevard is a lively artery of the city,includes Ashland Street,functions as one big
plaza.
18. Renewable solar/electric resources generated right in the city.
19. Restored riparian flood plain.
20. More trails.
V. Public Input taken from citizens attending goal setting regarding space needs at City Hall.
The need for a more holistic plan which incorporates a bigger picture was requested. Felt there was not enough
citizen input and that the administration may have thought that citizens don't care,but they do. Requested
that the Space Needs Committee be re-convened.
Public suggestions on what needs to happen: 1)Better interaction for cost effective design;2)Council chambers
needs high-tech presentation capability;3)Process for the proposed building at East Main;4)Noted that John
McLaughlin,Planning Director,was the only city representative at the hearing for the site plan review;5)
Additional city staff and city officials should be on committees and professional facilitators should be used;6)
Questioned whether the city was meeting the basic criteria standards and that the process should have started
with the building permit;7)Requested that current allocation of city space be re-examined;and 8)Requested
how to see better use of downtown space .
VL Visioning Themes as presented by mayor,council and staff.
1. Communication
2. Transportation
3. Sustainability(energy)with environment.
4. Sense of Community-vibrant neighborhoods.
S. Open spacetrecreation areas.
6. Delivery of city services.
VII. 1998-99 Goals to be presented for adoption.
1. Develop a plan for Fire Department facility.
2. Initiate citywide strategic planning process for 1998-99.
3. Explore alternatives to current LLD.process.
4. Encourage alternative transportation modes such as:
a. Complete negotiations for right-of-ways for extensions of bike path.
b. Adopt a plan for upgrading of Siskiyou Blvd.to include bicycles.
C. Continue development of sidewalks and trails within the city.
d. Review RVTV services levels and transit bus stops.
e. Investigate possibility of seeking out lineal parks(trails)for open space for
connectivity within the city.
5. Develop long range plan for Flood Plain/Riparian areas,follow-up on recommendations from
the OTAK report.
6. Develop long range water solution plan.
Council Goal Setting 2-04-98 Page 2
Side Bar items:
1. Mayor to explore existing use of City Hall space and make changes where needed.
2. Schedule presentations by departments,on update of their department,to council on a regular basis.
3. Conduct town forum on fire hazards.
Meeting was adjourned at 3:30 p.m.
Submitted by,
Barbara Christensen
City Recorder
Council Goal Setting 2-04-98 Page 3.
RESOLUTION NO. 98-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND
REITERATING ITS POLICY OF RELATING THE EXPENDITURE OF MONIES
FOR ECONOMIC AND CULTURAL DEVELOPMENT TO THE HOTEUMOTEL
(Transient Occupancy) TAX AND REPEALING RESOLUTION 93-12.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. That the City Council recognizes that the source of monies for the
Economic and Cultural Development Grant program is the Hotel/Motel Tax.
SECTION 2. That the City Council will appropriate thirty three and one-third percent
(33.3%) of the anticipated Hotel/Motel tax monies for Economic and Cultural
Development. Sixty percent (60%) of these funds will be allocated to the Ashland
Chamber of Commerce; twenty eight percent (28%) will be allocated to the Oregon
Shakespeare Festival; and twelve percent (12%) will be granted to local organizations
which promote Economic and Cultural Development. Effective with the 1999-2000
Budget, and annually thereafter, the allocations to the Shakespeare Festival and the
Chamber of Commerce shall be adjusted by an amount equal to their respective shares
of the actual tax collection in the previous fiscal year. By January 31 of each year the
Chamber of Commerce and the Shakespeare Festival shall make a report to a joint
meeting of the City Council and the Budget Committee regarding meeting the goals in
Section 3.
SECTION 3. The following are the goals which the Economic and Cultural
Development Committee is attempting to meet by granting money to applicants.
a. To respond to general inquiries about business in the City
b. To promote tourism
c. To provide assistance to existing small businesses
d. To provide technical and financial assistance for the expansion of existing
businesses
e. To provide technical and financial assistance for the development of new
businesses
f. To provide information and financial assistance to small cultural organizations
to:
1) attract tourists with emphasis on the off-season;
2) create a greater diversity of cultural opportunities for our citizens
SECTION 4. The following guidelines and criteria are established for the Economic and
Cultural Development Grants.
a. Grantee shall be a 501(c) non-profit agency
b. Grantee shall be a non-governmental agency
c. Grantee shall promote livability for the Citizens of Ashland
d. The minimum grant proposal will be $1,000
e. The grant will benefit Ashland in regards to enrichment and activities of an
economic nature
f. Grantee shall serve the population in Ashland but may encompass other
venues in the Rogue Valley
SECTION 4. Resolution 93-12 is repealed upon passage of this resolution.
This resolution was read by title only in accordance with Ashland Municipal Code
§2.04.090 duly PASSED and ADOPTED this day of 1998.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 1998.
Catherine M. Golden, Mayor
.Reviewed as to form:
Paul Nolte, City Attorney
Revised: 02/13/98
(G:tudgefe nomic"w98)
CITY OF ASHLAND ,'{.oF°% �►°
Administration "-
Office of the City Adminfstrator ;*.
MEMORANDUM IGO
DATE: February 12, 1998
TO: Honorable Mayor and City Council
FROM: Greg Scoles, Interim City Administrat
RE: Public Notices - City Paid Advertisin
At the last City Council meeting there was some discussion by the Council regarding
the possibility of modifying the City's current practice of public notice by also
advertising in the Medford Mail Tribune. At this time the City places public
notices/announcements in the Ashland Daily Tidings. The Tidings has been the
recognized newspaper of general circulation in the City for many years. There is no
requirement to publish these notices in another newspaper.
The Council asked the staff to evaluate the potential budgetary impacts associated
with publishing notices in both newspapers.
During the last fiscal year the City spent over $20,000 for public notices/advertising
with the Ashland Daily Tidings. Typically advertisements in the Medford Mail Tribune
are more expensive than the Tidings. In fact, recent information would indicate that
the costs associated with advertising in the Medford Mail Tribune would be 2-3 times
as costly. Therefore, from a budgetary standpoint, we would anticipate an increase in
expenditures of over $40,000 if we were to place advertisements in both newspapers.
Based on this information it does not appear that it would be prudent to modify the
City's current notice procedure.
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CITY O' F ASHLAND = CITY HALL
UFAI ASHLAND,OREGON 97520
February 13, 1998
Environmental Quality Commission
c/o Department of Environmental Quality
Western Region
201 West Main,Suite 2-D
Medford,OR,97501
Attention: Mr. Jonathan Gasik,P.E.
Subject: Request for Waiver of OAR 340-41-375(1)(c)
Dear Commissioners:
The City of Ashland(City)requests a waiver of OAR 340-41-375 (1)(C)which applies to the Rogue Basin
and reads:
(c)Effluent BOD concentrations in mg/l, divided by the dilution factor(ratio of receiving
stream flow to effluent flow)shall not exceed one unless otherwise approved by the EQC.
We are currently designing extensive improvements to our wastewater treatment plant(W WTP)consistent
with the DEQ approved Facilities Plan and the DEQ approved Pre-Design Report. Design is currently over
50 percent complete.
The City's W WTP currently discharges to Ashland Creek,just upstream of its confluence with Bear Creek.
The existing plant discharges to the creek on a year-around basis and is consistently meeting approved permit
limits.While the new draft NPDES permit has just been issued for applicant comment,and as anticipated,
new,more stringent effluent limits have been included. DEQ has developed these new effluent limits in
response to the proposed TMDLs for Bear Creek.
The City developed the Facilities Plan for improvements to the W WTP and identified and evaluated
alternatives that would allow water quality standards to be met and also satisfy the requirements of the
proposed TMDLs. Three alternatives were included for detailed evaluation in the final facilities plan:
# Alternative Description Present Worth
Cost
1 Wastewater Treatment The existing plant would be demolished and all raw $30.6 mil
in Medford- wastewater would be conveyed to the Medford Regional
Water Reuse Facility for treatment. The City of Ashland
would be a major customer but not a Regional Rate
Committee board member.
Y
2 Summer Irrigation of The existing plant would be upgraded to allow discharge $27.8 mil
City Property to the creek during high flow periods (Dec-April). The
plant would discharge to a land irrigation system during
low flow periods (May-November).
3 Advanced Wastewater The existing plant would be upgraded with advanced $52.3 mil
Treatment treatment to allow discharge to the creek on a year-around
basis.
On the basis of cost,local utility management issues,and environmental benefits,the City chose Alternative
2 - Summer Irrigation of City Property. This Alternative is currently under design and includes the following
elements:
• Headworks Upgrade
• New Nitrifying Oxidation Ditch
• New 80-ft diameter Secondary Clarifier
• Upgrades to Existing Secondary Clarifiers
• RAS/WAS Pump Station
G UV Disinfection(Early Purchase and Installation)
• New Operations Building
• Improvements to the Ashland Creek Pump Station
• Effluent Pumping
• Effluent Storage and Irrigation System
• Biosolids Stabilization Lagoons
• Biosolids Drying Beds
Dr. Scott Wells at Portland State University has completed modeling and analysis of W WTP impacts on the
water quality of the receiving stream. These analyses,which have been supported by subsequent DEQ
evaluation and modeling,indicate that water quality will be protected with effluent limits of 30 mg/I BOD,30
mg/I TSS,and nitrification to eliminate ammonia toxicity.
Additionally,the City has agreed to evaluate options for increasing the flow in Ashland Creek and Bear Creek
during periods of low stream flows when the W WTP will not be discharging to the creek. This may be
possible through negotiations and agreements with Talent Irrigation District.
Even with these improvements,we anticipate that the W WTP,while able to fully protect the water quality of
the receiving stream,will still be unable to satisfy the requirements of 340-41-375 (1)(c)during those times
when it discharges to Ashland Creek,nor meet the requirements if the outfall were to be relocated to Bear
Creek.
Figure 1,attached,shows that Bear Creek flows at Ashland are nearly always less than 30 cfs. The mile
would require that W WTP effluent BOD concentrations could never exceed 23 mg/1 and would typically
require that the treatment plant effluent BOD concentration be less than 12 mg11. This is far more stringent
than what has been identified by Dr. Wells and DEQ as needed to protect water quality and the established
beneficial uses.
The City is therefore requesting that EQC waive the requirement for the following reasons:
• The pollutant loadings from the improved wastewater treatment plant's effluent to the creek will not
adversely impact water quality and are consistent with the TMDL development.
• The City is making a significant investment($25 million) in the improvement of water quality in
Bear Creek and Ashland Creek. To protect water quality during the low flow period,the City will be
removing their discharge from the creek entirely and using their effluent for irrigation of city-owned
agricultural land.
• The City has agreed to develop,and implement where possible, alternatives for increasing the flow
during the low flow period when their treatment plant will not be discharging to the stream. The City
anticipated the requirement for development of a Flow Management Plan as included in the proposed
new NPDES permit.
• Meeting the requirements of OAR 340-41-375 (1) (c)will not be possible without constructing
additional treatment facilities at significant additional cost to the City. The treatment plant is
currently being designed to meet anticipated NPDES permit BOD limits of between 25 and 30 mg/I.
We appreciate your attention to this request. Please call if you have questions or need additional information.
Sincerely,
Paula C. Brown P.E.
Public Works Director/City Engineer
cc: Greg Scoles,Interim City Administrator
Robert Eimstad,P.E., Carollo Engineers
r
Allowable BOD Concentrations
Bear Creek at Ashland (WWTP @ 2.0 mgd)
25
20
E 15
O 10
m
5 .... t
0 Allowable Effluent
2.0% 100% 70.0% 880% 98.0% 99.9% BOD(Rgll)
[5] [10] [15] [20] [25] [30]
Probability of Occurence of Stream Flow [ds]
Figure 1
CITY OF ASHLAND '°"°°"
.+{OF ASy�
Administration
Offloe of the Cfty Adm/n/sbator ��.•
MEMORANDUM •'''•�°REGO?,.•'�'
�• CIO
DATE: February 13, 1998
TO: Honorable Mayor and City Council
FROM: Greg Scoles, Interim City Administrat
RE: Ashland Airport Property
Oak Street Tank & Steel Co.
This information is being provided to keep the council apprised of discussions which are currently
occurring with the Airport Commission. Allan Sandier and Ed Beamis have approached the Airport
Commission with a request to allow the relocation of Oak Street Tank & Steel Co. to airport
property. Ibis property is owned by the city but was acquired with FAA funding and therefore is
subject to significant restrictions. The property is designated as suitable for 'aviation related' uses in
the Ashland Municipal Airport Layout Plan.
The Airport Commission at the February 4, 1998, meeting considered the request but took no action.
I believe the Commission wanted to obtain additional information from the FAA regarding the
potential sale and the proposed use of the property.
I have,sent a letter to the FAA requesting information regarding the potential release of this property.
To date we have not received any response from the FAA. Once this information is received we will
forward to the Airport Commission for their consideration and recommendation to the Council.
I have also attached a copy of a memo received today from Allan Sandier regarding his desire to have
the council move forward on this issue.
It is staffs' intention to have this request worked through the Airport Commission. If the Council
desires to deal with this in a different manner, please advise.
Attachments:
Memo from Allan Sandler dated 2/12/98
Airport Commission Minutes -2/4/98
Letter to FAA dated 2/2/98
Memo from Allan Sandler dated 1/9/98
Memo from Jim Olson dated 1/23/98
cc Airport Commission
f
r
MEMO
TO Ashland Mayor and City Council FEB 13 1998 U
FROM: Allan Sandler and Ed Bemis CITY OF ASHLAND I
DATE : February 12, 1988
RE Ashland Airport property/Oak Street Tank and Steel Co.
Thank you for hearing our proposal regarding that certain property designated on site plans
herewith attached.
Our interest is to acquire approximately two acres of the airport land which is designated
indurial/manufacturing in the area laid out on the enclosed map.appro We would build the
ximately 20 000 q ft of building as indicated on those maps.
We formally requestthat`you instruct staff to work with us to formulate a sale and/or lease
on said property to be resubmitted back to Council for approval within the next 30 days.
We, of course,would work with Ashland Planning department to satisfy all existing building
requirements and work closely with the Airport Commission to fit Into the general airport
environment.
We plan on using the access road off Dead Indian Memorial road to reach the property.
The building will be of steel fabrication and office area of split face block; we will fully
insulate the factory.
We will build the factory for the Oak Street Tank and Steel Company which will also
operate the plant. This business operates a stable and ecologically acceptable plant, uses
water only for drinking and toilet functions, not for the manufacturing of their products, and
is owned by the Moms family,who have operated this company since the early 1900's and
would continue to be run by the family.
The company manufactures holding tanks of all kinds which would include Av. Gas above
ground tanks.
el fabrications of assorted variety are lalso ta available ono
Other st request, many of which
would be helpful to aviation customers of the Ashland Airport and other aviation operators,
The plant primarily rolls, cuts and welds metal product. They do paint their product but will
have an EPA approved spray booth inside the plant. They will store some products
_1_
j sz:rT e6, £z NUr
wi
v
outdoors and some finishing fabricating work also will be done outdoors. Present truck -'
traffic consists of an average of two deliveries to the plant and two deliveries from the plant .
each week.
The issue of sewer, water, electricity and gas will be a point we need to discuss as to how
e
these services will get to th property and who pays for them. Another point is If the sewer
Is not avaiiable at this time,we are willing to put In a holding or septic tank until such time
as a sewer connection is available to the property.
I must point out that the slope of the proposed location is too great to taxi airplanes or
ng across existing access roads is not practical. We feel this is
access hangars. And taxi
a perfect chance to acquire money from apiece of land not really suitable for other airport
Into a mission lthe FAA has toward small com the
munity heldairports airport. I believe this will fit
t w
Finding a location and building a new plant for Oak Street Tank and Steel is a perquisite
to our remodeling the existing Oak Street Tank building. it is our intention to remodel the
existing Oak StreetTank building into an artisans' marketplace. A pill look like.and elevations
are herewith offered for you to see what the existing structure
..:,. >• MEETING MINUTES
ASHLAND AIRPORT COMMISSION
Noon, Wednesday, February 416 1998
THE CITY COUNCIL CHAMBERS
1175 East Main Street
MEMBERS PRESENT: Jennifer Hall; Kenneth Ehlers; Lillian Insley; Chairman
Paul Mace; Marty Jacobson; and Bill Skillman. Staff
present: Pam Barlow and Caralyn Dusenberry
I. CALL TO ORDER: 12:00 Noon, COUNCIL CHAMBERS:
Chairman Mace called the meeting to order at 12:04 p.m.
A. Public Forum: Reauest for Additional Agenda Items:
None.
II. APPROVAL OF MINUTES: Wednesday, January 7th, 1998:
(Correction in minutes: Subcommittee met in January, not Febr ry, for meeting on
12th.) Mace stated the minutes were approved as corrects
111. OLD BUSINESS:
A. Pendina Projects:
—Green Hangar Repairs: Status:
This item will be removed fro he agenda. Jacobson will contact City when
project is complete.
—T-Hangar Developm t: Status Report.
Mace stated th ubcommittee met at the Airport and discussed the siting and
developing o new row of T-hangars adjacent to current T-hangars. Nested
T-hangars ould have a 42' width. Jim Olson will prepare the work estimates
for exc ation etc. Olson will also estimate the amount of work plus cost for
prep- ork as well as prep-work for an additional road. Olson will report back
to a Commission on these details. This will be placed on the next meeting
enda.
eamis/Sandler Request:
Barlow stated the City is moving forward with the request to sell 2-3 acres of
Airport property. She has spoke to FAA representative Jerry Trujillo. If
property is sold it would need to be sold at Fair Market Value (FVM)• Any
income the City would receive for the property would need to be spent on AIP
eligible projects. Infrastructure is not included in the AIP projects as well as
fuel tanks. Anything in the Airport Master Plan would be eligible. FAA is not
PAGE 1-0:ahp v�m•*w
in the business of land speculating. Discussion was held on modifying the
Airport Master Plan.
A long-term lease would be allowed by the FAA. If proposed purchased were
to be agreed upon it would take time to process. This would also require the
Planning Department's approval for the propose land use. The Airport Master
Plan would also have to be changed in order to allow the type of proposed
business.
The Airport Commission is in a advisory position on this issue. This request
would need to be placed on hold, Barlow stated, until the City has a definite
answer back from the FAA. Trujillo stated a two week turn-around time frame
would need to be expected. Mace stated when the City has heard from Trujillo
they will contact Sandler.
Sandler requested the Commission send a letter to City Council and let them
know if it is a good idea. He also stated he would like to get a response from
Council to determine if they should go ahead.
Barlow stated the FAA will support it if the City basically agrees to sell.
Mace stated he has a problem with a recommendation ahead of time, prior to
having worked out the details. He asked for Commissioners comments: Hall
stated she has not heard anything negative. Ehlers stated he has no problem
with the proposal unless it affects the surrounding property. Barlow stated the
FAA would like to see the funds be used for funding the Airport. Discussion
was held on the proposed building location. Insley stated she has more
questions and not enough answers to what is being proposed. Jacobson stated
the only information he has seen is what has come to him in the packet and
talking with others. Jacobson would like to hear back from the FAA before a
recommendation is made by the Commission. Skillman state his concern is the
use of Airport land for use non-related aviation purposes. Skillman asked if
they have $100,000 to put into 2 acres it does not seem feasible to him
because commercial property is being sold in Ashland for 40-60 thousand
dollars per acre. Mace stated the difficulty is there are several unknowns.
Discussion was held on uses of money that may be obtained from proposed
sale. Barlow stated the property can be leased to non-aviation businesses and
the money used for Airport operations. The term of the lease does not appear
to be a problem with FAA. Beamis stated the long-term lease would be the
same as purchasing. Mace stated the money has two different uses as to
whether it is leased or purchased. Mace asked if there were any
Commissioners that were in objection to the proposed sale. After discussion
Mace called for a motion. He said "hearing none" they would move on.
B. Maintenance Issues: Staff:
—Fuel Tanks: Status Report:
RFP's been mailed out to 28 consultants/businesses.
—Tree Trimming: tus Report:
Barlow stated she has conta d Upper Limb-its and has requested they work
directly with Bob Skinner on the trimming project. Insley asked the time
frame for trimming the trees and Barlo ate hopefully by the next meeting.
PAGE 2—caaihpwinumm 98.mw
C I T Y O F A S H L A N D f C I T Y H A L L
ASHLAND,OREGON 97540
EGO
February 2, 1998
Jerry Trujillo, FAA
Seattle Airports D.O.
1601 Lind Ave. Ste. 250
Renton, WA 98055-4056
Re: Release of Property at Ashland Municipal Airport
Dear Jerry,
The City of Ashland desires the release by the FAA of a small section of a piece of
property acquired with federal funding. Releasing this property for purchase by an
Ashland steel fabricator will retain this business and its 16 jobs within the City of
Ashland. They are not willing to lease property.
The section of property proposed for this use is identified in the Ashland Municipal
Airport Layout Plan (ALP) as an "aviation related lease area". It is in an area which is
the least desirable for airport purposes, such as hangars, as it is on a significant slope
above the runway and apron. Bringing this use to the airport vicinity may also assist
us in obtaining additional light industrial land leases at our airport. The developer has
agreed to shift their site away from the highway to allow the airport to retain that more
desirable area for commercial land lease development needing highway frontage.
Please let us know as soon as possible what the next steps for releasing this property
will be. We feel this action is in the best long-term interest of the Ashland Municipal
Airport and our community.
Attached to this memorandum is a copy of our ALP noting the area proposed for
release, the letter of request from the developer along with their proposed site plan,
and a copy of our documentation pertaining to FAA participation in the original
acquisition of the property.
Sincerely,,
AI _
GrPYScoles
In Vim City Administrator
cc: Paula Brown, Public Works Dir.
Airport Commission
9.e. isvd AL- P AVIATION
AVIATION RELATED # LEASE EAREA ^\
DEVELOPMENT
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Memo to: Ashland Airport Commission ' JA — 9 1998 J
From: Allan Sandler and Ed Bemis ---- --' j
R.E.: Ashland Airport property/Oak Street Tank and Steel Co. _f I Y OF ASHLAND J
Date: January 9, 1998
Thank you for hearing our proposal regarding that certain property designated on site plans
herewith attached.
Our interest is to get approximately two acres of the airport land which is designated industrial/
manufacturing in the area laid out on the enclosed map. We would build the approximately
20,000 sq. ft. of building as indicated on those maps.
We, of course would work with Ashland Planning department to satisfy all existing building
requirements and work closely with the Airport Commission to fit into the general airport
environment.
We plan on using the access road off Dead Indian Memorial road to reach the property.
The building will be of steel fabrication and office area of split face block; we will fully insulate
the factory.
We will build the factory for the Oak Street Tank and Steel Company which will also operate the
plant. This business operates a stable and ecologically acceptable plant,uses water only for
drinking and toilet functions,not for the manufacturing of their products, and is owned by the
Morris family who have operated this company since the early 1900's and would continue to be
run by the family.
The company manufactures holding tanks of all kinds which would include Av. Gas above
ground tanks .Jigs would also be a product available to airplane home builders on request. Other
steel fabrications of assorted variety are also available on request,many of which would be
helpful to aviation customers of the Ashland Airport and other aviation operators.
The plant primarily rolls,cuts, and welds metal product They do paint their product but will
have an EPA approved spray booth inside the plan They will store some products outdoors and
some finishing fabricating work also will be done outdoors .Present truck traffic consists of an
average of two deliveries to the plant and two deliveries from the plant each week.
We are uncertain what zoning designation they will give this property. However, whichever
zoning they give will need to be written into the sale that the above uses be permitted Ml or
M 2 zoning would be preferable.
We are talking about a cash sale and would like you to set a price based upon a bank approved
appraiser.
Ashland Airport Commission
Page 2
January 9, 1998
The issue of sewer and water and electricity and gas will be a point we need to discuss as to how
these services will get to the property and who pays for them. Another point is if the sewer is
not available at this time, we are willing to put in a holding or septic tank until such time as a
sewer connection is available to the property.
Please call Ed Bemis or Allan Sandler at 488-2025 and ask for either of us to call you back so
we can further discuss this project. Please let us know if you wish to have one of the Morris
family present at the Airport commission meeting in February. We want to move forward as
quickly as possible to determine whether this property is a viable option for all concerned. In
any event,we will be present at the next Airport Commission meeting at which time I
understand that all members of the commission will be aware of this request. Please feel free to
distribute this material to any other city department you wish in an effort to move this project
forward.
I understand you are going to contact the FAA to get their opinion of this use on the land. I
must point out that the slope of the proposed two acres is too great to taxi airplanes or ramp for
hangers. We feel this is a perfect chance to acquire money from a piece of land not really
suitable for other airport use and to utilize the money acquired to further develop the airport.
I believe this will fit into a mission the FAA has toward small community held airports.
Again,thanks for your help and input thus far.
`,n
• oe ,qy
CITY OF ASHLAND .'e.ae...
Department of Public Works
Engineering Division =
MEMORANDUM ,�REGO?.•�a
O
DATE: January 23, 1998
TO: Paula Brown; Paul Nolte
FROM: James H. Olson, Assistant City Engineer
RE: Status of Airport Industrial Park
The 22-acre parcel of land located at the north side of the Airport property and adjacent
to Dead Indian Memorial Road was acquired by the City on February 17, 1989. The
property was purchased from Donald and Ruby Hart for $103,000.00.
The land purchase was funded by the Federal Aviation Administrative (90%) as part of
A.I.P. Project No. 3-41-0002-04 (see attached memo and letter).
Although the property is fully vested in the City much of the use and control of the .
property remains with F.A.A. as a condition of the Grant. I am currently researching the
Grant assurances and conditions to verify this but FA.A. (Jerry Truijillo) states that an
outright sale is not possible although a long term lease could easily be approved.
Attached is a copy of the Airport Assurances pertaining to this project. Paul, you may
wish to review this document, particularly page 5.
cc: Pam Barlow
(a%engineeAeirponlindusprkmem)
February 2, 1989 3 `ZZ /�
'•,�4f0��,•� // (/
ELI: Mayor and City Council
Ix
ram: Steve Hall, Public Works Director
,19'5UbjPct Airport - Land Acquisition
ACTION REQUESTED - City Council authorize City Administrator to
purchase tax lots 308 , 309, 310 and 312, T39S R1 East, in Jackson
County, in the amount of $103,000.00.
BACKGROUND - The City applied to the Federal Aeronautics Administration
for a grant to acquire 22 acres of land for expansion of the airport
facilities and repaving of the taxiway.
On 16 December 1988, the City received a letter (attached) from the FAA
notifying the City that they had received approval for the $170,000
grant for the two subject improvements.
subsequent discussions in executive sessions with the City Council
allowed the City Administrator to begin negotiations for acquisition `
of the land based on the appraisals completed by two independent
appraisers and reviewed by a third as required by the Federal
Aeronautics Administration rules and regulations. The appraisal is .
a minimum offer that is acceptable to the FAA.
The 22 acres is a part of the Airport Master Plan to be used for future
T-hangar construction and potential construction of airport related
industries. A copy of that plan is included for your reference.
Staff feels that the negotiated price of $103,000 is equitable and
reasonable for the subject property.
The City has budgeted the funds for this project within the Capitol
Improvement Project and the City's 10% matching funds will be covered
by in kind services (Engineering and property negotiations) plus cash.
SUMMARY
1. The City has acquired a $170,000 grant from the FAA.
2. The land acquisition conforms to the City' s Airport Master Plan.
3 . Funds are programmed within the Capitol Improvement portion of the .
budget.
4. A price of $103 ,000 is reasonable.
5. Staff recommends approval.
encls: FAA Letter
Airport Layout Plan
12-P 6-1'-( �_LAA
0100 Department Seattle Airports District Office
US Of TfOnSartment 7300 Par;meter Road South
Seattle. Washington 98108
Federal Aviation
Administration
December 1.6 , 1988 i)V A$//
I;LCE"-GILD
Mr . Steven Hall
Director of Public Works DATE
City of Ashland DEC 2 21988
20 E. Main Street
Ashland, OR 97520
Dear Mr . Hall:
Ashland, Oregon
AIP Project Number 3-41-0002-04
This is to advise you that the Federal Aviation Administration
has allocated $170000 to the City of Ashland, under the FY-89
Airport Improvement Program.
This allocation must be used for the following specific work
items:
Acquire Land for Development, Reconstruct Taxiway
Provided work on the project proceeds in accordance with the
project schedule , a grant of Federal funds will be offered
subsequent to our approval of project documents that satisfy the
requirements of the Airport and Airway Improvements Act of 1982
as amended by the Airport and Airway Safety and Capacity
Expansion Act of 1987.
We will continue formulation of the project with your
representatives.
Sincerely,
Matthew J. Cavanaugh
CC:
Paul Burket
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i\• AIRPORT DATA RUNWAY DATA LEGEND LOCATION MAP