Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1998-0317Council Mtg PACKET
v REVISED AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL March 17, 1998 I. JOINT STUDY SESSION: 6:00 p.m., Civic Center Council Chambers, with Parks & Recreation Commission to discuss flood restoration budget issues. II. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers. III. ROLL CALL: IV. APPROVAL OF MINUTES: Regular meeting minutes of March 3, 1998. r V. SPECIAL PRESENTATIONS & AWARDS: 1. -'. Presentation by Carollo Engineers regarding status of the Waste Water Treatil~l'l~t Plant -_ 2. Presentation by Mt. .A:shiand r.....ssociation regarding planned improvements to the Mt. Ashland Ski Area. 3. Mayor's Proclamation declaring the week of April 5 - ii, 1998, as Arbor Week in Ashland. 4. Mayor's Proclamation declaring the week of April 5 - ii, 1998, as Building Safety Week in Ashland. VI. CONSENT AGENDA: 1. Minutes of Boards, Commissions and Committees. 2. Monthly Departmental Reports - March, 1998. 3. Approval of liquor license application for Oak Knoll Restaurant (Bob Haney, applicant). 4. Approval of liquor license application for Peerless Garden Grille & Bristog (Crissy Barnett, applicant). 5. Authorization of City Council for termination (or adjustment) of two easements on newly created lots in the Fordyce Street area. 6. Adoption of Findings for approval of Skateboard Park. 7. Petition to City Council to approve a resolution recognizing the Paul Robeson Centennial. 8. Council Confirmation of appointment of City Administrator. *$t~~ .::=r~ct. u~3 J VII. 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 adopting a Telecommunications Business Plan for the Electric Department. VIII. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 5 minutes per speaker and 15 minutes total.) IX. UNFINISHED BUSINESS: (None) X. NEW AND MISCELLANEOUS BUSINESS: 1. Consideration of request by Ashland School District for a waiver of Systems Development Charges (CONTINUED TO APRIL 7, 1998, AT REQUEST OF SCHOOL DISTRICT) 2. Report on Ashland Creek Turbidity Issues. 1 XI. ORDINANCES. RESOLUTIONS AND CONTRACTS: 1. Second reading by title only of "An Ordinance Adding Title 16 to the Ashland Municipal Code to Regulate, Facilitate, and Provide for Telecommunications within the City of Ashland." XII. OTHER BUSINESS FROM COUNCIL MEMBERS: . XIII. ADJOURNMENT t:::,:::;:;:::,::::::::f::=,=:::;,:::,:;:::;:::::;:,;,:,=:t::=,=:: :::::::{:t::::~:::}t::tf::::::::::::::t~:: .:.;-:.:.:.::::.:.:::.:.:::.::::~:::::::.:::;~::::;-:.:::.:.".:.:':.;.:::::::'" =:=:=:::::t:::::::t";. .:...;.",...... :::::::::~:::::t~:t~:::~:::::r::::I:ftllIlr .:.:.:.:.:<.:.:.;.;.:.:.;. :::t:::}::tt?tftttttt rrHtn:nr}1IH::::t~: .:.;.:.:.:.:.:.,,,. ........ ..:.~.~.~.~:::;~~;~:::: -~ .,.;.:-:.:.:.:....... ::::::::::;::{{::{t:~n:H{::::::: ::=t=:=:::=},=/,::::=:{=: .,. ......_....,.:.:".:~...;::.;-:,::,,;,:,:,;,:,;,,: :::::,::::::?~~:;::::::~::;:::::::::~:::::::::::::; ~{{i:j~;~~~~~~r:~~ntH ~ City Council Agenda.- available on ll1e _ _Addrosa: hIlp:l_.ashJand.or.lIS ...... ~i. . ; ". . "-.:' -'ii ..~ "~.. ~ .'~ ..~~: >;;',&'. - - lV' ~. 'lio., . .~...0 .;;~;; 1P':~ ;.'1.*11 - .ta ~.{~ :!j ~~:J :f '1.~' . ... ,.."'" iI".": '~A~'~~ ~A"f ~~:'~ -.:1~ ;"-. "I:!. ;o';/. .' ...,1 " , .. >~ WHEREAS, . it'has.~ a fundamental part of the democratic;principles of this' .,;": . Nation to involve all interested and affected parties from both the . ./" public and private' sectors in the fonnulation, adoption and,to the". , . . fullest extent possible, 'in the administration of such laws llI1.d . J,,-,'.~ :_~.-,:~ ordinan~; ~~ .~;; .:::~;. .~: . :\~ '" -. :,' ~:. . . -' . . , ~"".-.."~"~'~~ .-.,....;~.. ..~.,.:,-. 8,'.. among' the most basic~f the laws and~fdinan~~hich.~Je beeri'ik::k:'~~ 'C" derived are those'acts 'which assure thepublic'lrheaIth aildsafetY iri:the ::~J " " .,', . ~ .... . '".- . ...;... T '..;>;M '~.', :.-.{ ,:'... buildings.in'which people live, work ~d plaY;,;.~d. .... "'~~~<. ' . T. '''f)lt' _...':,~:;:(:.., ."H' ,.,~;~)!r",.. '; :~ :,.,:~:: '. ~~...~:,:;:.~~~..~,<~.-.. '" I. ':'~:-.tt,t~ ,:;. ~\vIri3irnAS;> to ~s'fik~su~ii. sifetY ,- the suite of Oregon(wo'rkiiig "tog~ther:an(l.iii; .:\ :~;~111 . '/r'".' "..~ .. '>....... .~.-'-'J ~. '. . ,~. r .......1'---:. ...:. '.~ .... .'< ......':' "(lit;.:}' ""~:,<;:Ji,' 7,.. ':".:conju~ction with its cOunties and citi~,:enforces:8AUliforni stateWide:' .$.:~ ,:;~",:".~$,>^"" . 'buildin; ., .:.:".. "i.'ch' ..:.....been'.. "'d ...'."ed. "d' " C,..-.,,' '~"'ed' ""th"'th'" ..:::&!~;~. .1~,-:-~",~,,~}~\'~""1 g""""eww"~ . estgIl an 1S~mamta1n.Wl e~~"i:r.;'J'-.~, )o~).~.J.',..;:"""-' '.. .,"\' ~."'... "''I' c;, ~, '...~.....,..t-. ...-' ,,-. ~1'" ".I...~., '~~~'; . :'.,-tr)f",,1':;:,:'~1i:::'t. -'2:Aas:mt3n~':o.f,!h~.,bpi1~g.ind_ustry. an~. ~e '~~~~;"lJ!l(t:,~;':'~\ '.-:\f1~ ~~~ ~4i~~~}j':f~~."i:;l<.'1 ~~~~;'~Ii~fpt1-~~;: ,,~.~~...:, ~~;:t~~::Wi ~~~t...}"'~(;l;;': :~" ..J~.: ,;' ~f, ,'of ~.,~(t"~ :\t'1/~., ,t~~'&:~ll.l.-:~, .;' ,;~,,-,~~;~,~,~jk~~ . ..,~...1-:'..;'r.;l""n", ."':l,......j...,~......,..,-<"......;::..."..'.T.,~'-. .......c . !!> " '.>. _,....,"'~~.,~ !""~".. '-A"~ ,"-""...."" ~<.!;;WHHREAS--;:iritl.is$llifoJgitili~liin~tefforiS ill Stan; andqo~afbuficfutgfoffi.ciiIs;aiiaj,-<~ ,~,~",'ht-;~ ~ :..r ~;:~.!i1.l.~;':th' '>~::':'~~t.f"-.J;Y:':";'l:':':ti;'''' _:':~:'f'''' "~th-' '''th' ~.' ~ '::~cti" . ~~':J~<i."'d" 11'drJ1t..;.~."",<\th~7}. ",~~~J~ .,;x, 'i :;r. ~.i::r,:t ~:~~""... etr:~r:-~ve1u:ai:l. OI1~Up ,WI . e-coll~UU on'm ~-:a-J~Uuu.' e;~-J:&~:Hi'::f. .:'.,,:~,/if'-:"'.1!,.'.~:"alln;i~tra: 02' ' 'f"'~th'r''''-'h' ':;:'th"'"d"lifi' ':..._e;"hi';..;~.{i:;if' 'I: .-".ured"......~';...lll'.,1!.~J .1&."t:-'"f~'J~:~:'-~:;~;~." ~ ~ . .o~o...~ ~ ~~.~ e-:SCU~J~""6~ons.1S~". :f(~J?;:~1i1 --~. ~'::'~~~{;.,~,;\ ~~~~ \,!" ;:'bS.~,t.~:':~'~I.,~~'W~~" ,7':.. ....~1~;~..;,1it~ . ~:,: ...:~_~,!..tt, t'"', tl^>T',"~'~'~'}#"~)~" .});.,.{: .~, 'f>."; ,:' }\;~b.i;~'S ~.z;~i:J..:N":~O~~7~~~~'~~O'~"RE;.I~1'1.~::'I"~{~Ca.;l""th#"1;1~s~~l~(~::"Ma'~J~~:-t- ~f' '1.i;~.!~21~d'~:bd' -~ ~h~ t!Et.:~,,~'t;d.~j,.}:P,':"~:tte;>~'~~~1 JiL j} 'n,"~=- ',' ,; enne IJ4W,. yor 0 LUlWW ;~ o. """"y, ~ .we'~ ...}i;/f....!.<rfif''"'j';A'" Iii' s'<-"'iiJ:i99s"'c". -:~~-a.,i':~,; . ~'-'~-n'-:;g..~ <.;'.'1" ';iI5i"'i~"..lit~\;;o:,~.,i"""" '.. .,,,,.}',,,,,~ '.'~~~ ".~o ,~'5;iP ~ ~- ... !.~l:' ..~!;~;":ti.t~~~..:~.~~,/~~/;:~z~\;:~~'i~wfu' ~:~K~:t7~ i~;" .2Sri~'~:.~ :'~"$d.;; J: ~~':...~~t~.. ~r":~'~~~ ~)i~~~~ff~;.~:u~1ir~~-~~~~J:.~~~...~;;-':'% ~tc~"':~k(1.::.~;?~i~~~.:.P i~''':<'1''''''~, ~(-.t ~ - fu>t:(~.~i'i;7'" 'M.'\";',' ''''''i.'~''l..''".:''F"'~'''?~'''' ~;".w~.""'~~~...r--X*(,; .$:~'...'!.. ~~'?;>".':'~ .' " '~~Ii;"~'C:t .''>.ti'-h .~,. .... , '<; .,f,:;,,\V :''1<,..." Lo; . IN' 'WKF'E"'DTr. ......:;r ._-, f- .,"1. ~:'~;S~ ;-~{.,).~[t.-j!p1.~:ot ' ~BumD G~SAFETYJ.".~ .-,. ~:~,.,"/g ,h.;{*' ~1k;W;~'.. :~:~:~~~t(~~~~~t~~~*"~~'~~.~l '2~~M-: it{}~Rt~:~t9' i{;:~~~,~ I~"';_~ . *,f;v.,*~..~".;1h".'~~J.-~''i--tj$~~,;..~"~,,,...p.~ .~...J,.%.'~~*... "{.....~',;...a..~( . ,:....',.~-;.'f.;;p;.("w' ~r~;;aiiQ^me'iill:cit.i2itls!iO:uSe""'1~;,weeJ(fo:visiftlieir ~IOOa1,tnillilirig;a~ent 'and~to',o;;" ~~:~.ihem;a~escWitii.~the:ffi1pgtt:hi~k(~firiionnltioii:ab"d'SeiVi~~~. '~. . iI"" .':~~~::~<b':7';"~th":""" <;"~;"::;b"li'."'~'J"O:.v.:j'-l1J:~ s-'~- ~:fl'f..? '\1~~::::";~~ t!~~".""'!"",'f,}:-r-.t;,,,,,-,*-:;:,,p-,~fjJ,-~c*:::,r"~4~~r:' :- ~~P1UYWI;jU~ y"." ese.,pu c;oservants;:-~~~?(~:!1~~;f.{. ~~~~'._~;~;$.b(,ii,~{lf~h~';'~;;:'$"s;:,_"{;.. (\. .~~....;. '. ,.",' ~,..",,,,,4. "J;<)"'~", ),*,~i/..,"'1i~:;';;P"'"""l'""',~,~;",i{t"),::;.~",r,"',);"m;'" A/j;-'j;:,~l',;"'(1-J.~i!ic.<il",<'i;,~r .;1''''l-'fJJM,'' r.~~~:t ""'~'lJ.""c <'J;,-~:')'gg:&;'t:-t'l ;.>:r.~3.~~3~k .;%.NJ~'I~~ "f~" ~!' "A~'\;~",,~':;"':.:..."ir>I.t~l"hC'h':'t"'7.~ '~~~h"'; t~f' .., ....,.....;.. ;.....i~X.. 'A;V:-:'~~~'''''''I;''''~ .,'\O.'.."\.o:t',"\, ..,':':(~ '> ..' ""\~"""'-. _">",. ~'.r:o..' ..,,:1'1'~' , ~....',. .I""'.~~r'.,"",'< .,.% .~" ",h . '..a" " ..' ~..'.,,-..iI!"' DC' '~'.. ";:~'!11ti-'"';;--""'fM'''-h''-1998''-~'':d''co,*1.'.'$f'';-''\'''';j',-<""'..-,', , '~'J-,;;".~~~~:......~}t~:':;'1:"::~t;.:,,,,:,""',,,-r 'alNU-UlU>>' -:\Uly~o arc -", .";l,:,.,,:<~~~--: ;."",' , ~"I~""""'.f.'')~-!Io''''''7-''':''~ 'if-~ .l""}, (. .ii'-::-.... '~l'-~jlo'" '. ...,,:<1' ...:1:....(; .... '~"}. ;:,~-;"'-&..~.~ ..._ ",..--. ,~_:... ",! ~(":' '-:1-, ~ ';;:-":t~...~. ' ,.t.:o<:*.'\.:;';;-.._ .": \'},~.'.11::...' .' 4:;-" ~.'t1~\t. ;.~ ~":.J'~;..::.,.atf!,~~.,~.",,~.~-.-..};sr.'~~-~'f.fo',';~'~~~J:J"l~;'1.r~~~ /~Q'fW,.:'" ~$,?.~1t..~.&~;.t'A.~;o:..._it "'.4-'.i;..''(;.fff~~c"~~:d...~ '1-;'. }>;:!,.;!: 1:'_~ ~~ :;.,< :;..>.t;f;;;~~- ':,~~~~\~) .,~:,,~~r..-!,.tt',.,.~~~;~;~;;;~:~,.~;1:'J;' ~Tk~;~'7.~'tI';:-"".:.d;< ~~~ '~i;,. ;,' ~.r.~',*",.~"~4';' "'$'., .;-~~, 4':<I>;',~" ~.s.~.t'7it," 'I,..t.\...:-:~~ <"~C;~~, "~"""','e" e... \~.~~w,;t 4:'s'l;r, ~. r...t>1,j;~'<-.:.c...." '.l;--., .~~~/;.,. .:~.&~' -,....... ". .....~, --.:." \'r',A,~'~ y.\.. ~~t)t~*~.t~'.~01'f.ji~~l.;t{~..i\;':t.'7z:'r;';"~.~ ;':'~, j...th'~.'tr.~~':;'~t.:.~f~:~"", ,!'~r'i1.;, h . ~:!:~~~. ,~tt~;,~-':r.:i~:~~>i-~~,,~ti! ~.;t':... :~;~':~ ~"1:t',,~;~'Tf ~.:.~~ ~ ~ ',"'J'''':Ctli' ..,., ....~'".".~S.hii"'."......r.;.'''''".". ;"Jit.,~- ;!;;!i.*...,r.' '>'-'~il!i.'. ~''<1-j,I.~''5<\to/.r ~"~i """",,,'l: ";;;:'~.' ..,.';;1. ..t<1l ~i~,t~\.Ai enne\11VJ.t: I W'~lY.l4yor. 1 '!jj," {4b':6.},'-. "l::.,..;~~: ~~fu'\-';;':~.1,.~1t~;;!~i~', ~:~~~~~':"/i:'""'tlJi:;~!;~~ ~~~1~~:.t>>~. 'f'AM{~~;,,:tbl"~'S};-~:;'~~;ofiIJ;' . ":~~l%,~r{~u:,{.~<;t .N~I>~'<~~t!~~~.(:;-~~~~ i~:~~\~~;'R~.~~~~.4~.;U-N. ; ....";,t~'S.:~~ ~~~~<'......"\-!':i,..~':'t~~-l.r-""" " fli {.:!i:;...-v,..-'d~..."..,..&:. ; .~'.~~.ti~. 1~~?~..' ..~.. '':' 'i:~,...:.,:~{~Jt.~,,J.~~ "~J'o/-.f .......:?R>. ~:..,...... ~~i.i\i'F;f":J: .:~,~~~J"!~.~ . . ~Jt'" ...r....>:...~~,;:~. ~~~~l~ ~ :.:.. ~ ~.! .-;:.~l':~~t' ('~~. . ~:ti"'.~..~...f~.~ ;>;~~~:.r'>!.1~.".' A~:'~~, '.....~::t::f- .:"4",'1;'"'''''' ;e;..."-:""""~',.,tlf'>>:t\ .~. . ..,~ ..'l....... ,><,., '.,,;::): )'t':-.."r;' ;~ -IT .: r>;;'o~";;'~ '~"- ~~ '" ,~4.:g .it-~"'k'1: :r,\;'-~~~:..;-t:"$<!.~.. ...P'~",;'."Q';'''''' ;fJ~.;r-'';J,,'''''_ <:ft.:..'~".,- .....:..-.:;.".:.~ ;._..:';;'--=:--~:;Jp!::-.>: ~J~~}' <:'~X". "'~.-:':",' :l~~" ~":. ~"';;r,~ f:1-.S'n.;. .....= "".' ''l:C''';':~..... ,0< "'C' ','e.n"'" ""'." ., .?.~' ,,;.r:~~o-,;,.,.V'~;'P+':;^ ".ft...,. ',,;-."'. ";'~J~";;' :VF'i'.: ~ ,~ l1"\."'CDCUUara., . w'u.lNUsen~l 'AecG1Uer' ......"".~;:'~..; .1,;;.;: ''1:''i:'' "~"""~' ' ......... .:l'"{'k~ \-'d?\oi~~ .Yi,.~ ~;$;,'i}..." , "';,;{ ,.$r'.~~ ..-. , .'. \'.~~~ ~'~~!'?~'~~~"".. :i .~'D.. t~tr,; :tt/t.!. .:" I1A "'-'''' ,. '''~.'' ." '~"""" ~f<";,~ ,-,.jf.. "." ~..fk. ~'~fl""~~'''! ''-f' ~ ,...It ,t'tt~.~t '~';"-'l ....!(.:; >:'- : 1i:-;~ ' . ";' ..,. . -;4,: ... .,~;.~:;;, '.' ~;)rlfl""'- :-r~'$fj.;.j"r . ~1' ,. ""~r'4 . ....~~~7;: . . . . ~~r-:t.:: '" :+;,iff:"'~" ,~~, 'C.., .t?,;'~;l:\W:-:~~,,::~ ~" ~"'iiii' ".' .. 'f:0, 1~'1 I . I ~ , ~ ~ ~ ~~ ~ ~ '~~ ... N::;r~ . ..j,7;r.~',."":;~,, .. ~' if, .:.. ;,,~,:.:,..;;.~.t::;,.;"'~..r~7j>:o'~):.~~~r'. . ~i:'t~~. ~.~j;':-"i"~~'Y ~ ~-;,;.' : 1rd~: ;~..i.:', .",a;~~~ "1~~"'\) ....i.'"~~~,M.~Cta/~~~(~.;..'~~.;.e:'tt~~"':>>:~,;.~}.'" :N(.t< ")..,.. '...;,~. 4":,.,.:':.;....~;~~.. 'f,'):~' ~..~.~-(~.~:r..~~~~,~_":.,.;;:;./r< :,~... '~1~~!' '...,t-,"",.,,:,,-~~'..A'"i.'"f.~A~"~~~~'" ,<.~:~~~:~-F.{~",:<-,:~'il~~t-'~~~4'\'!-;'. f. ";,' ... '.. , '..-:... . ~~ ':iA; .~"~;o.;, ">'v. $1 .V': ,':~j .,~,..'. .~~ '~~~'" ':;',,; c-,,-"( ..:;(; ......:~'~ ll~'~ ,~ ''':;''' ~~~i ..r# ~.~'t.~;~ ~?fb; '~/,,~ , . ({':.,,'.'_..?~.'.f.:,..~..,c,., ":':~': _ < ~}'~/!l(b~t;wATIQN. ,;t. .,;"<.t,:'~~~~CJ.{~~:~\~ .. . '... _: :" " .:.' .- :~ ~ ; ..~. :::..:..... . :.~.'"":,'. . ::' .". . >. j, ':' "~ '--~".( .' . . ~"-~ ,: it WHEREAS, . from the inception of ibis Nation, it.has been the resPonsibility of sii~ . "'.and their locaIgovemments to adopt legislation and 'eriforCe laws ail'd;;; . :ordinimces whenever necessary to protect theircioZens' health,' wclCan;' ari~ Safety, .'. . ;.. , ' 'r~' ':: ..~' ~.-:. ',: :-- ~ .' ., ( '. "~':{L' ., ' .t:, ~' '. .' .:t: ..... .r t"..' .'. ~+-'" ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES FEBRUARY 10, 1998. CALL TO ORDER The meeting was called to order by Chairperson Barbara Jarvis at 7:05 p.m. Other Commissioners present were Marilyn Briggs, Ron Bass, Steve Armttage, Russ Chapman, Mike Morris, Anna Howe, Mike Gardiner, and Chris Hearn. There were no absent members. Staff present were John Mclaughlin, Bill Molnar, Mark Knox, Maria Harris and Susan Yates. ELECTION OF OFFICERS Jarvis nominated Armitage for Chair. The nomination was seconded by Briggs. The nominations for Chair were closed. Armttage nominated Bass for Vice Chair and Second Vice Chair. Hearn seconded the nomination. Gardiner nominated Morris and Armttage seconded. Jarvis nominated Howe and Gardiner seconded. The nominations for Vice Chair and Second Vice Chair were closed. The Commissioners were asked to vote for two and the Commissioner wtth the most votes will be Vice Chair wtth the Commissioner receiving the second most votes will be Second Vice Chair. ELECTION RESULTS: Armitage was elected Chair, Bass Vice Chair, and Howe Second Vice Chair. Mclaughlin introduced Councilman Alan DeBoer to the Commission. DeBoer is the liaison to the Planning Commission. DeBoer thanked the Planning Commission on behalf of the Council for all the Commission does for the community, and stated he was looking forward to attending the study sessions. He invtted the Commissioners to discuss any concerns wtth him that he could carry to the Council. APPROVAL OF THE MINUTES AND FINDINGS Jarvis noted on Page 10, she said "...to a higher burden", not "...to a higher burden of proof'. Gardiner moved to approve the minutes as corrected. Howe seconded the motion and everyone favored. Bass moved to approve the Findings (PA97-Q88), Armitage seconded the motion and everyone favored. PUBLIC FORUM No one came forth to speak. TYPE II PUBLIC HEARING Jarvis suggested inverting the order of the agenda to hear PA98-Q12 first since tt does not appear to be as complex. Howe moved to Invert the order of the agenda. Hearn seconded the motion and everyone favored. PLANNING ACTION 98-012 REQUEST FOR A SITE REVIEW FOR THE CONSTRUCTION OF TWO MIXED USE (TWO- STORY) BUILDINGS CONSISTING OF: RETAIl, WAREHOUSE, OFFICE, AND APARTMENTS TO BE LOCATED AT 498 AND 508 OAK STREET. APPLICANT: JOHN FIELDS Stte Vistts and Ex Parte Contacts All Commissioners except Morris had a stte vistt. STAFF REPORT Molnar outlined the details of the proposal from the Staff Report. The proposal is to construct two, two-story buildings, separated by a plaza at the intersection of Hersey and Oak Streets. The structure, oriented toward Oak Street, is anticipated to be the new site of the Furniture Depot currently located at Fourth and A Streets. The building will consist of 7.000 square feet of ground floor, 1,500 square feet of second floor showroom space, and a 500 square foot apartment accessed from an exterior stairwell. The building facing Hersey is a total of 7,000 square feet (5,000 square feet on the ground floor and two upstairs apartment units). Both buildings are over 100 feet in length and are subject to the City's large scale development standards. One parking lot is anticipated to come off Oak Street and serve a parking area behind the building with another smaller parking area off Hersey Street. There is a large undeveloped area to the rear of the parcel zoned E-1. A plaza area is shown between the buildings as a main component of the design. The plan shows a water feature and a pond at the intersection. The plaza area will be landscaped with lattice overhead to provide shade as well as protection from the wind. There is an existing sidewalk along Oak Street. A new sidewalk will be constructed along Hersey Street. There will be curbside parking along both Hersey and Oak. There is an area between the sidewalk and the building (noted as a dashed area on the map) which will consist of recycled concrete pavers. Staff is pleased with the design as it is consistent with the City's Site Design Standards. Staff has recommended approval with the attached Conditions but would suggest further discussion of a couple of items.. This proposal is the first development of a much larger area of vacant E-1 land. Since this is the first commercial development in this area, Staff is trying to anticipate what the overall circulation needs will be in coordinating the access to this development and walkway systems with future retail office, business, and residential that would occur on the vacant land. Staff has discussed the feasibility with the applicant about obtaining mutual access easements in order to coordinate points of access on Oak and Hersey, reduce the number of curb cuts in order to keep the capacity of those streets up while minimizing the conflicts between bicyclists and cars along Hersey Street. If and when the property in the rear develops, if those businesses have larger parking areas, it makes sense to connect the parking areas with one another. The applicant appears willing to consider these items. There will be some legal issues with regard to granting easements. Conditions 3 and 5 address the mutual access easements and easements to connect walkways. Molnar said the middle portion of the entire vacant area is wet and boggy and the applicant is trying to stay away from this area. He does not want to trigger any wetlands issues. The pavement from the development stops short and will be graded in such a way that the limited runoff of the 1000 square feet will be able to naturally drain down the grassy slope and either percolate in the surface water or be collected. Howe tried to envision the sidewalk easement. At the corner where there is no circulation between the two parking lots there could be an easy easement to both adjoining properties. Molnar noted the Staff exhibit highlighting the driveways and sidewalks. There is some uncertainty with the wet area what can be done with it and how many points of access across it will be allowed. 2 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES FEBRUARY 10, 1998 , Howe wondered if there was a cut for New Street and an area for sidewalks, why would it be necessary to have another sidewalk next to it? Molnar said there might not be a need for the other connection. Fields circulated a conceptual master plan with an idea of what could happen at full build out. Gardiner asked if there would be a four-way stop at the intersection at Hersey and Oak. Mclaughlin said it is being examined as part of the Transportation System Plan and the Intersection Is being recommended for a signal (if money is available) or a four-way stop. Jarvis asked about the boundary line adjustment that is mentioned In the Staff Report. Molnar said it would be appropriate to include as a Condition. . Jarvis asked about the final floor elevations. Molnar said there Is some grade to the property. In past commercial applicallons, included in the City's Detailed Site Review Zone, one Important design element is the necessity to try and keep the floor elevation of the business (entry) the same elevation as the sidewalk. It appears the finished floor of the final elevation will be about nine to 12 inches below sidewalk grade. Staff would prefer at the main entrances of the building to be able to walk directly from the sidewalk into the building at the same elevation. PUBLIC HEARING JOHN FIELDS, 845 Oak Street, stated his findings are complete. He addressed the sidewalk easement issue. He sees a natural flow that he described on the overhead. How the wetland gets developed is probably more significant. He can envision a greenway. Unless the waterway gets filled over, it should be a natural dividing line. His concern about mutual access easements is that some of the railroad property cannot be partitioned off because the clean-up could cost more than the land is worth. He is willing to give easement through both ways to create a connection, however, it will be triggered with the development of the other land. It could be a consent and mutual agreement to participate in a reciprocal relationship. Fields addressed the elevation. There is an accessible route around the building. The sidewalk elevation is approximately ten to twelve inches above the elevation of the door. The alternative would be to split the building and put the obstacle on the inside of the building. The compromise now is to have the plaza in balance. When the final survey and engineering plan is done, it may change the elevation slightly. Howe wondered what Fields thought about a sidewalk along the south side of the property. Fields said if there were to be an easement it should be jointly with the property next door. They could each give up two and one-half feet. It is a huge dedicallon; he believes the pedestrian traffic will cut across New Street or use the existing sidewalk system on the other side of the driveway. Armitage commended Fields for adding the residential component to the project. Staff ResDonse Molnar said after listening to Fields' discussion about pedestrian circulation, he does not see a ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES FEBRUARY 10, 1998 3 , need for the walkway on the south side of the drive. Fields is amenable to Cond~ion 5. Molnar believes the final floor elevation showing a ten inch drop will probably work as long as it does not go below that. Fields makes a valid point in juggling accessibility and the change in elevation through the courtyard. The front door area is wider and will have planters and bench~s, giving ~ a stronger sense of entry so an approximate ten inch drop from the sidewalk will be workable. Mclaughlin suggested adding wording to Condition 3 at the end of the second sentence "...and w~h the provision of reciprocal access easement from the adjoining property". Arm~age thought Cond~ion 6 would need re-wording. Jarvis suggested deleting the first sentence and then: "Finished floor elevation and sidewalk to be indicated on the s~e plan at the time of submission for a building perm~ and not to fall below the elevation as indicated on the applicant's plans". Mclaughlin noted that through an electronic transfer problem, the publication of notice in the newspaper for this public hearing and the next one were not published. In order to meet requirements and keep the applicant on the same limeline, the Commission can give Staff an indication of their decision tonight. keep the public hearing open until next month's meeting, at that meeting re-open the public hearing, allow testimony after publishing of the notice, grant approval at that time and adopt findings at the same meeting. COMMISSIONERS DISCUSSION AND MOTION It was decided the final vote will be taken next month. Everyone favored the application. Mclaughlin said the applicant can handle the boundary line adjustment. Mclaughlin announced the hearing will be continued at the March 10lh, 1998 meeting at 7:00 p.m. and notice will not be mailed out again. Bass moved to continue the hearing until next month. Gardiner seconded ~ and the motion carried unanimously. PLANNING ACTION 97-054 REQUEST FOR OUTLINE PLAN APPROVAL FOR A 25-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION LOCATED AT STRAWBERRY LANE. APPLICANT: DOUG NEUMAN/MEG BROWN/PAUL HWOSCHINSKY S~e Vis~s and Ex Parte Contacts S~e vis~s were made by all. Hearn abstained and declared a potential conflict of interest. Bass did not see a sign on the property. Howe came across a City worker who mentioned there is a culvert that goes under Strawberry even though the street is not paved. STAFF REPORT Molnar stated notices were mailed w~h the applicable cr~eria. Molnar said a number of issues 4 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES FEBRUARY 10, 1998 , have been raised in the Staff Report and the recommendation is to continue the hearing because of the problem with public noticing and because there is insufficient information for Staff and the Planning Commission to make a finding that this application complies with all approval criteria. The proposal involves approximately 25 acres owned by three property owners. There are two existing residences on the property so the proposal will be a net increase of 23 new homes. Molnar showed an overhead of the site. The proposal will be done in two phases. The applicants propose in the first phase to improve and pave Westwood from the Hassell development to Strawberry where it intersects with Hilt Road. At that point, the gate would be removed, Hilt Road would be widened to a two lane road up to the new street as part of the subdivision .that loops around to Strawberry. This area would include 21 of the 25 lots. Phase 2 would begin at Strawberry and Hilt, paving Strawberry down to where the Ditch Road intersects with Strawberry at the end of the Brown property. This phase would access four homesites including the existing homesite. Within certain aspects of the project the applicant proposes non-conventional pedestrian walkways such as a meandering pathway. The addendum provided by Giordano states the pathway will be a brown asphaltic concrete surface. The long-term maintenance of the pathway would be the responsibility of those in the subdivision through the CC&R's and homeowner's association. The applicants are proposing non-traditional means of storm water retention so the runoff from streets and roofs, where possible to accommodate, would flow into an open ditch or swale adjacent to the public street that would most likely be lined with stone and ultimately go through the open space area with a series of detention facilities. The intention would be to reduce the rate and volume of storm water from the project into Wright's Creek. Staff feels this is an admirable goal but the type of treatment suggested is difficult to use as street grades increase. . However, the cross section and street information received with the application, indicate the storm drain system would be used for the majority of the project. Staff did not feel there was enough information provided to show that public facilities are adequate to serve the project. There was no preliminary engineering in terms of the location of detention facilities and their capacities. Giordano has submilted addendums showing anticipated location of the ponds which Staff would have to have time to review. Staff also needs more detail. Building envelopes define the setbacks of where a building can be built on each lot. In some cases, specifically on the north side of Strawberry Lane on the Hwoschinsky parcel, some of the building envelopes seem very close to the top of the Wright's Creek bank. It appears there is room to back the envelopes away from the top of the bank. Giordano addressed this in his addendum, showing the envelopes set back much further but Staff has not had an opportunity to review. Phase 2 street improvements include taking Strawberry at its intersection at Hilt and paving downhill to where it intersects with Ditch Road. There was no indication in the application of when those improvements were to occur. Staff made it clear that the platting of homes serving off lower Strawberry would not be able to occur until those improvements were completed or bonded for and that has been addressed in the addendum. The applicant indicated there was an assumption the City would participate in the financing of ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES FEBRUARY 10, 1998 5 . the paving of the area from Westwood from the end of the Hassell LID and from Strawberry up to its intersection with Hill Road. The applicant would need to agree to fund improvements themselves or not move ahead with the project. Girodano's addendum has indicated they would fund the improvements. Are the improvements to access the project sufficient? The criteria states there needs to be paved access to and through the development. The applicants are proposing they meet the criteria in a similar fashion as interpreted in past applications. They show a paved route to the development (StrawberryjWestwoodjOrchardjWright's CreekjWimerjNorth Main) to a city collector street where the grade on those residential streets does not exceed 18 percent. They will pave the streets throughout the subdivision. The other part of adequate facilities is demonstrating that adequate transportation exists. That is less clearty defined in the Comp Plan and the Land Use Ordinance. In the past, the question asked is: Are the transportation systems leading to and from the site adequate in addition to the systems in the development and the paved route that is proposed? Are the walkway, bike and pedestrian systems adequate and what are the demands that will be placed on those systems from the proposal? Even after the second phase of the development, the improvement down Strawberry is proposed to end at the Ditch Road, leaving an area of unpaved roads (Strawberry to Granite and the intersection of Strawberry and Alnutt). There was not much discussion by the applicant as to why those roads that will be kept unpaved when .additional traffic will be placed on those roads as a result of the subdivision. The application does not state whether adequate transportation exists. The applicant and Commission should consider the questions on page 9 of the Staff Report. Jarvis asked about the status of the Strawberry jWestwood Neighborhood Plan. Mclaughlin said a committee worked on the plan for a couple of years, taking a comprehensive look at the future development of upper Strawberry, how many units will be ultimately developed, opportunities for open space, and how to deal with transportation when development occurs. There was agreement on open space and the City bought 20 acres (Hald property) and additional parcels for open space which all resulted in substantial reductions in the total number of units that could be built. The discussions on density, whether or not to downzone to one acre lots or two and one-hall acre lots, got bogged down. When the study session was held with the Planning Commission and Council and they walked the area, the Planning Commission wondered why it should be downzoned. The density issue has stalled the planned project as well as how to deal with the improvement of the streets. By reducing the ultimate development (number of units), how do you spread out the cost of the improvements throughout the neighborhood? A solution was never arrived at. In the midst of that discussion, the whole discussion of LID's city-wide began occurring. This application is coming in at a reduced density of 1.2 units per acre rather than the .5 acre zoning. They are not proposing to form an LID. They are leaving it up to the Council and neighborhood to provide a solution. Jarvis wondered" there was any way to direct the majority of the traffic out Westwood and is that feasible. Mclaughlin said no study had been done. In the plan a traffic analysis was done and it was assumed that at full build-out of the area, approximately 60 percent of the traffic generated in this area (25 homes) would make trips down Strawberry j A1nutt, assuming the roads are all paved. Those percentages are probably not as valid" only one way out is paved. Bass asked" it Staff's opinion that there is adequate transportation for the existing community there now. MClaughlin affirmed. ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES FEBRUARY 1 0, 1998 6 , Briggs asked if there could be a site visit done by the Planning Commission. Chapman always hoped that n any development occurred in this area that the traffic would be directed down Westwood, except there should always be an emergency exit route so if there is a wildfire, people could get out by an alternate route(s). Howe said it appeared the large map she has been referring to has been modified. She has concerns about the long wishbone driveway access to Lots 4 and 5 on the Hwoschinsky parcel as well as turnarounds and guest parking. Mclaughlin said there is no document showing the City has granted access across the City's property. Giordano submitted an alternate drive proposal. Howe had additional concerns about Neuman property Lots 11 and 10 turnaround and back-up areas. Howe said the blackberries and swale are off to the west. The map shows a knoll and she wondered if the open space has been modified. Jarvis entered a letter from Susan Hunt stating her objections to the hearing because of improper noticing. She placed a letter from Dr. and Mrs. Ewing in the record and a letter from the Taylors. Giordano's response will be entered in the record. The Bartholomew letter will be copied and placed in next month's packet. PUBLIC HEARING TOM GIORDANO, 157 Morninglight Drive, introduced Doug Neuman, Meg Brown and landscape designer, Kerry Kencairn. Giordano explained their original submittal for application was in May of 1997. Staff recommended holding up proceeding until some of the issues regarding LID's could be solved. He noted the Commissioners had the incorrect large site plan. Giordano said the application is close to. the density in the neighborhood plan and they have tried mostly to comply with the new hillside standards. Their application was submitted before the hillside ordinance went into effect. Giordano believes he has addressed the pedestrian path. Also, the plan has been modified to allow for more of the open space and allow the drainage to occur. They have a letter from Paula Brown, Public Works Director stating the drainage is a good idea and final engineering can be worked out at Final Plan. The building envelopes have been modified to address Staff's concerns. With regard to street improvements, the drawings, the narrative, the findings, conclude there is access to and through the development out Westwood. That is why Phase 2 will develop when the Council decides what method of payment they would like to see occur. Traffic impacts will not occur all at once. There will not be full build-out immediately. DOUG NEUMAN, 4240 Clayton, Ashland, mentioned he was involved in the Strawberry neighborhood meetings. Through those meetings they came up with a plan with a much more rural type of environment. The hillside standards came out of those meetings and there are now standards they will be applying in their subdivision. They spent years figuring out the best way to pave the roads and are willing to pay their share. Neuman noted that through the neighborhood process, he, Brown and Hwoschinsky came together and decided to put in one application. ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES FEBRUARY 10,1998 7 , MEG BROWN. 385 Strawberry Lane. lives in the neighborhood as does Paul Hwoschinsky. She would love to see the road improved with storm drains. Jarvis said she does not see where there is adequate transportation. She wants to know how many cars will be generated by how many homes, how many trips that means and how that paving is going to adequately accommodate it. How does that work into the phasing? Giordano estimated 230 vehicle trips per day (vtpd) would be generated. The improved streets can accommodate 1500 vtpd. Howe commented the driveway from Hwoshinky's Lots 4 and 5 come off Strawberry, with a significant U-tum needed in order to get out. Will the house orientation change on Lot 4? Giordano said the driveways are in approximate locations and the house designs are subject to modification. KERRY KENCAIRN, 147 Central, said the addendum reflects changes of the lot lines for the open space and building envelopes both south and north of Strawberry. More of the open space is open for more defined drainage on the north side and on the south side the lots lines were moved way back. Kencairn explained the drainage system. Howe would like to see pedestrian paths to the open space. Giordano said they did not intend to have paths to the open space. The open space is to preserve and protect the trees in that area and for the drainageway. Howe asked about lighting and Giordano said the applicants have a strong desire to Iim~ the amount of lighting in the rural setting w~h low scale lighting. Larger taller lights will be used at the intersections for safety reasons. No one came forth to speak in favor of the application. Jarvis read the letter from Kristi Owens, 495 Fernwood Drive, into the record. Giordano said the applicants are willing to extend the time for making a decision another sixty days. Jarvis read comments from Ben Stott, 155 Strawberry Lane. Armitage moved to continue the meeting until 10:30 p.m. The motion was seconded and approved. LARRY BRESSLER, 152 Strawberry Lane, was not notified of today's meeting. He is concerned w~h the cost of improvements of lower Strawberry. Are there adequate sewer and storm drain facilities to handle the increase in effluent coming from this development? Will lower Strawberry be widened and paved? This application should not be approved until the access issues are addressed. SUSAN HUNT, 220 Nutley, expressed her objections to this hearing because of improper notification. There was no notice in the Daily Tidings. The application should be deemed incomplete at ihis time. The City/Planning Commission should not and cannot compel the applicants to sign a waiver on the 120 day requirement for a decision. Hunt read a letter from Cici Brown, 171 Church, into the record objecting to the development. 8 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES FEBRUARY 10, 1998 , LAURA DUNBAR, 152 Strawberry Lane, read comments and entered them into the record. She is concerned about the impact to the residents on Strawberry. Widening of Strawberry will mean removal of 12 trees in front of her house. The area is zoned rural residential. The slope of Strawberry does not lend itself to foot traffic but if it is paved it would not be good for bikes. skateboards or strollers. Ice on a paved surface would be hazardous. The beneficiaries of paving would be the developers. ROB EWING, 144 Strawberry. said if new development generates 200+ trips per day. it would be wishful thinking to assume that most of the traffic will go out Westwood. He believes most people will choose to visit activities in the City center, therefore. most trips would be down Strawberry. In order to have paved access to and through the development would suggest paving of Strawberry. Would the paving continue to Scenic and Granite? There are many unresolved issues that need to be addressed. PATRICIA HALEY, 400 Alnutt, submined a petition with ten signatures opposing the formation of a LID. CHRISTINE CRAWLEY, 124 Strawberry Lane. submined a petition signed by her neighbors opposing a LID. She addressed adequate transportation and believes it is reasonable to think if someone lives on Strawberry they will travel down Strawberry to get to town; that would make Strawberry the primary access. She wondered how the 21 percent slope of Strawberry would fit into the hillside development standards. She noted the street standards concerning development of streets over 1 B percent grade and wondered how that would work. She opposes the development. Jarvis read GERRY MANDELL'S comments, 1111 Strawberry Lane. SUSAN POWELL, 180 Nutley, would like to know specifically how many vehicle trips per day will be generated by this development. If this development is built piece by piece, the neighbors below will be feeling the effects of this development for years. The construction traffic will be horrendous. She would like a condition that all construction traffic be required to use paved roads. She does not believe residential traffic will travel north out of the development because there are no services at the north end of town. JOHN PEELE, 234 Strawberry Lane, (P. O. Box 566), expressed safety concerns on lower Strawberry and Alnutt which he does not consider roads; maybe they are alleys or lanes, but not roads. He uses Alnutt because lower Strawberry is too steep. Bikers use Alnun to get to upper Strawberry. He constantly worries about hining pedestrians. He does not see the solution to include lower Strawberry to Alnun but somehow close upper Strawberry and direct all access the other direction. Briggs moved to continue the meeting until 11 :00 p.m. The motion was seconded and approved. GERRY MANDELL said he lives in the county and noted that any discussion of diverting all traffic down Westwood would bring a firestorm of protest from his neighbors. He also wondered if the density would be acceptable to the state. Mclaughlin said the application remains consistent with the Comp Plan and would not pose a problem with the state. HARRY BARTELL, 365 Strawberry Lane, said his property is at the corner of Strawberry and Alnun which poses a safety concern. If there are 200 + vtpd on Strawberry, he will be fighting to ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES FEBRUARY 10,1998 9 . , get out of his driveway because of the blind corner. What about pollution and fire danger? He opposes a LID. COMMISSIONERS DISCUSSION AND MOTION The LID discussion is not wnhin the purview of the Commission. Briggs is concerned wnh lengthy driveways and neighbors opposnion. Bass would like to see the applicant provide an explanation of how this project meets the crneria relating to adequate transportation. He would like a demonstration that this development can be served by an access besides Westwood. Transportation is Armitage's concern. Chapman would like to see a design plan to put traffic on Westwood. Gardiner believes there is a major traffic problem. Morris would like information on the capacity of Strawberry (numbers). Mclaughlin said there has been recent development along Strawberry in the last few years. These were the last lots created before the standards were put in place not allowing any further partnioning on unpaved streets over 18 percent grade. Capacity is a relative term. There is engineering capacity or neighborhood environmental capacity. Howe would like to see a current map that begins at A1nutt showing Dnch Road, the driveway for house 3, where the house for Lot 8 is located and ns access to Strawberry. On the other side, she would like to see where the drive to the county is, the location of the drive across cny property, or anything that the applicant is expecting to connect to or impact. Howe would like the map to reflect what is really going to happen (driveways, turnarounds, guest parking). When something is drawn n tends to turn out that way and what is on the map is important. She is disappointed there are no pedestrian paths through the development. The neighbors on the Strawberry side seem coherent about their objections to more traffic. Would the neighbors on the Westwood side be as adamant if they were notified? Jarvis said neighbors wnhin 200 feet was the legal notification requirement. The notice sign needs to be posted by the applicant. Jarvis wondered if Neuman meant the application would comply wnh the new hillside standards. Could that be Indicated next month? She would like Staff to investigate if there is any iegal ability to limn access down Strawberry. Jarvis suggested noticing all the people who have testified this evening about the time of the next meeting. Mclaughlin said notification is not normally sent out for a continuation but that can be done. It will be up to the applicant to decide the date of the next hearing. Howe expressed her dismay at receiving materials from the applicant five minutes before the hearing. It does not allow the Commission any time to adequately review them. Armitage wondered how much information is required for Outline Plan. Mclaughlin said all the . information about turnarounds is not required; adjustments will occur. As development gets into the hillside, the driveway length Is important and concerns are valid. Armnage moved to continue PA97-oS4 to a future date. Bass seconded the motion and n carried unanimously. ASHLAND PlANNING COMMISSION REGULAR MEETING MINUTES FEBRUARY 10, 1998 10 OTHER Jarvis stated that the American Planning Association selected the new Transportation Element of . the Comprehensive Plan as the winner of the 1998 professional achievement and planning award and Mclaughlin will be receiving that award at the conference this week. A site visit on Strawberry will be held on Sunday, March 8th at 8:00 a.m. Jarvis will be out of town from the end of February until March 7th. The Planning Commission retreat will be an agenda item for discussion next month. Mclaughlin suggested doing goal setting among the Commissioners. Armilage wanted an opportunily to talk about running the meeting and how they interact during the meetings since there is never an opportunity for this type of conversation at the meetings. ADJOURNMENT The meeting was adjourned at 11 :00 p.rn. ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES FEBRUARY 10, 1998 11 ASHLAND PLANNING COMMISSION HEARINGS BOARD FEBRUARY 10, 1998 MINUTES CALL TO ORDER The meeting was called to order by Mike Gardiner at 1 :40 p.m. Other Commissioners present were Anna Howe and Barbara Jarvis. Staff present were Bill Molnar, Mark Knox, Maria Harris, and Susan Yates. APPROVAL OF MINUTES AND FINDINGS The Minutes of the January 13, 1998 meeting were approved. There were no Findings. TYPE II PUBLIC HEARINGS PLANNING ACTION 98-009 REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW TO CONSTRUCT AN ACCESSORY RESIDENTIAL UNIT 372 IOWA STREET APPLICANT: STEVEN M. MEEKS STAFF REPORT Knox said this application it to construct a 650 sq. ft. accessory residential unit off the rear of the property. There is an existing 1,320 sq. ft. house. The Historic Commission reviewed the proposal and recommended approval. The unit is a craftsman design which is in keeping with the historic character of the neighborhood. Two parking spaces will be provided off the alley. The property has a 25 percent slope to the north. This action was called up for a public hearing by the neighbors. At the time the adjacent lot was partitioned, Staff met with the Fire Department and other departments and agreed that the alley would not exceed nine feet in width as long as fire equipment could still travel down the alley. The applicant will be required to do his proposal according to the alley improvement plan. There is a definite history that Staff has tried to accommodate the concerns voiced by the neighbors. At the same time, it is difficult to do relatively sensitive planning with the current infill zoning rules. Staff felt this proposal had a good design and if development is going to occur, the alley will be the front yard. The Cooley property is providing a pedestrian easement along the flag to the alley. Staff has recommended approval with the five attached Conditions. Knox suggested a Condition 6 stating: That prior to issuance of a building permit for the accessory unit, the applicant shall submit a landscaping/site plan that identifies a physical barrier (i.e., shrubs, boulders, etc.) along the west side of the front unit's driveway. The purpose of the plan is to delineate vehicle parking in the driveway and not within the front yard. The improvements shall be completed prior to issuance of a Certificate of Occupancy Permit for the accessory unit. Knox explained paragraph 4 on page 2. The applicant shows on his site plan an 18 foot, two space parking bay. The alley is eight to nine feet wide. Meeks needs a total of 36 feet for a head-in parking space with back-up room. It appears the applicant will need to clear out shrubbery along a rise of about eight to nine feet to accommodate the parking. It will be about a three foot cut. Molnar said the applicant has agreed to relocate the steps in that area. Knox noted this is part of Condition 4. PUBLIC HEARING STEVEN MEEKS, 1537 Woodland Drive, said he met with the Historic Commission and two members liked the design enough they would like to use it as an example. The alley will be developed minimally. The parking pad will be graveled. Vegetation has already been removed by the neighbors to create more of a space through the alley. Howe wondered about removal of the vegetation on Iowa. Meeks thought it was possible for tenants to park in the narrow area in front of the privacy hedge. He will rectify this situation. Howe suggested use of landscaping to more clearly define the parking. Meeks does not have a problem doing something with the shrubbery on the alley. He would be happy to work out something with Ledbetter regarding relocation of the stairs. ROBIN NORDLI, 269 Gresham, said she is concerned with the traffic on the alley because the Gresham end is the only end being developed. She is concerned where the alley will be cut into the embankment. The alley traffic will go right by her bedroom window. She is also concerned about construction traffic and the residential traffic. AUGUST SHilLING, 280 Meade Street, said his home is at the corner of the alley and he is concerned residents would use their end of their driveway for a drive. Their house is small and they will notice anything that goes by. He is concerned about privacy, earthmoving while improving the alley. drainage, damage to trees if there is uphill scraping of the alley. and particularty he would like special attention paid to the madrone trees. l YNN lEDBETTER, 280 1/2 Meade Street, explained there is an evergreen tree she planted to screen the alley. The traffic will change greatly with construction equipment and noise. Howe asked about the stairs and it appears they are in the right-of-way. Staff ResDonse Knox said the crushed gravel on the alley should make construction traffic easier. ledbetter's propane tank might be in the right-of-way. He said the potential for future development off the alley is minimal. Molnar said n is good to remember this is a public alley. Every property would be allowed with a building permit to construct a garage off the alley. Rebuttal Meeks said he will not allow cement trucks in the alley. He is trying to be sensitive to the environment and neighbors. He feels some of the steps are unsafe and he is concerned about the propane tank in the alley. He would like clarification about siting it in the alley. COMMISSIONERS DISCUSSION AND MOTION Molnar does not think there is a safety issue wnh the propane tank. Jarvis moved to approve with the six Conditions. Howe seconded the motion and it carried unanimously. 2 ASHLAND PLANNING COMMISSION HEARINGS BOARD FEBRUARY 10, 1998 MINUTES TYPE I PLANNING ACTIONS PLANNING ACTION 98-018 REQUEST FOR A SITE REVIEW FOR A MIXED USE BUilDING 420 WilLIAMSON WAY APPLICANT: HABIB SHAHIN This action was approved. PLANNING ACTION 98-019 REQUEST FOR A SITE REVIEW FOR 75 CONDOMINIUMS AND A CLUBHOUSE lOCATED ON THE EAST SIDE OF.MOUNTAIN MEADOWS DRIVE APPLICANT: MOUNTAIN MEADOWS llC Jarvis noted that something should be stated in the Conditions about an administrative variance being granted. Howe wanted the assurance of a pictorial layout of the parking stalls. Molnar said spaces 1-6 are under the building. Change Condition 10 that there be a patio hardscape addition at the northwest corner of the clubhouse. ADJOURNMENT The meeting was adjourned at 3:15 p.m. ASHLAND PLANNING COMMISSION HEARINGS BOARD FEBRUARY 10, 1998 MINUTES 3 . . . ASHLAND AIRPORT COMMISSION Wednesday, January 7th, 1998 COUNCIL CHAMBERS COMMISSIONERS PRESENT: Jennifer Hall, Lillian Insley, Ken Fitch, Paul Mace, Alan DeBoer, and Bill Skillman. Staff present: Paula Brown; Pam Barlow and Caralyn Dusenberry. I. CALL TO ORDER: 12:00 Noon, COUNCIL CHAMBERS Chairman Mace called the meeting to order at 12:02 p.m. A. Public request for additional agenda items: Mace stated an additional item is added under "new business:" Alan Sandler, proposal for a portion of the open 22 acres. II. APPROVAL OF MINUTES: Wednesday, December 3rd, 1997: Mace stated the minutes are approved as presented. III. OLD BUSINESS: A. Pending Proiects: .- T-Hangar Development: Report on Committee Meeting: A meeting was set for Monday, February 12th, 9 a.m. at the Airport to discuss future development. Mace stated anyone interested in meeting with the City Engineer and Commissioners was welcome to attend. Barlow will contact Jacobson and Ehlers to inform them of the meeting. DeBoer stated a few of them had met and the general consensus was to build double- nested hangars. The cost will be $25,000 per hangar. Discussion was held on rental fee and size of hangars. B. Maintenance Issues: Staff: --Fuel Tanks: RFP Review Mace stated a copy of the proposed RFP was in the Commission packet. PAGE 1- (c:p\minutes\jan9B.Minl -- Tree Trimming: Status Barlow stated the contract work is to be completed by February 15, 1998. Barlow distributed information on the number of trees and trimming. Discussion was held on the process for tree trimming in the Airport area. --Striping Touch-up Fitch stated where the additional hangars will be located there will need to be striping placed between DeBoer's hangar and the maintenance hangar. Mace asked this item be removed from the next agenda. --Spring Weed Control Program Mace stated a memo from Steve Geis, Parks Department, in reference to weed control was in the packet. Skinner stated he would like to see the weed cutting scheduled as soon as possible in order get control of the weeds. --Drainage East end of T-hangars Mace stated he talked to Disharoon and he stated the drainage problem has not changed. Brown stated they should meet and review the area. Mace recommended this be addressed at their Monday meeting at the Airport. --Garbage Service: Update Barlow stated proposal is that the City will split the price, up to four cans maximum. Skinner will keep a watch on the trash receptacles. C. FBO Lease: Review of Final Draft Brown stated they met with Bob at the Airport and worked through a majority of the issues in the proposed FBO lease. Brown would like to meet with Skinner and a Commission members to discuss two issues which include ownership of any buildings and maintenance of FBO office interior. The meeting was set for Friday, January 16th at 1:30 p.m. The lease expires January 31st. Mace asked if it was agreeable to the other Commission members that if a decision could be made by those Commissioners attending this meeting. Commissioners not attending agreed to the members meeting to make a decision. IV. NEW BUSINESS: A. Sandler discussed with the Commission the possibility of re-Iocating Oak Street Pipe and Tank. He would like the City to sell a portion (2-3 acres) of PAGE 2 - (c:p\rninutes\jan98.Minl ~.""'~~-'~"~" ',.' J.. the 22 acres located at the top of the Airport. The land is zoned industrial. He would like to buy the land for the Morris family. They would like to purchase two or three acres. The City planners have identified this area as a good place to locate the business. The factory would be well maintained. The plant would cover an 18,000 square foot area. Discussion was held on FAA approval of selling the land. Discussion was held on the FAA's grant money used to purchase and improve the land. Mace stated there are two basic questions: Can this be done in a way that cannot make FAA uncomfortable; and the second is whether the City would sell. Staff will to contact FAA and request if possible to sell land and if tank manufacturer and an aircraft are compatible. Mace asked about the amount of funds this would involve. Discussion was held on sewer service. Discussion was held the noise levels. Mace asked for a consensus of the Commission. Mace asked if Sandler would be willing to pay for the appraisal. Sandler stated they are thinking of paying to the City $35,000 per acre. Brown stated there are a couple items that need to be looked at and one is FAA approval for the City to sell and second is the criteria to sell public property. Discussion was held on the Airport Master Plan relative to this specific section of Airport property. DeBoer asked Sandler to prepare a proposed drawing. Mace stated Brown would follow through with the two issues she addressed. This item will be placed on the February 4th agenda. Sandler will have a drawing prepared for the Commission. Sandler asked if the Commission was interested in selling and it was the consensus of the Commission that they are interested. B. Jackson Countv Plan nino Actions: Barlow stated an application from Jackson County to build a home was reviewed previously by the Commission. The height of the building that was noted before was 20' maximum but a neighbor was complaining because it was 20' 6". It would not matter to the City if it was 20' or 30'. The concern was the power lines and they are generally 60 to 65 feet high. The second issue was the change of use of a storage unit from a tanning salon to a mortuary. C. Other: The City Council has scheduled February 4th to use the Council Chambers. PAGE 3 - (c:p\minutes\jan98.Minl <. If this takes place the Commission will meet at the Airport. V. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION A. Status of Airport.Financial Reoort. Review of Safety Reports: Skinner stated there is not a lot of activity because of the time of the year. The charter business has picked up. They have chartered flights for Oregon Department of Fish and Wildlife. Skinner stated that the financial report was in the packet. There were 2500 gallons of fuel pumped in November. The safety report includes the weed control program and the tree trimming addressed earlier in the meeting. Fitch asked about the construction of the new hangars. Skinner stated the owners are receiving bids and the building permits have been issued. Bob Given and Tara Labs are building the two proposed hangars. B. Other: Dave Everson stated he is the owner of a helicopter school and is interested in building a hangar in Ashland or Medford. VI. ADJOURN: There being no further business the meeting adjourned at 1 :07 p.m. Respectfully submitted, Caralyn Dusenberry Public Works Administration PAGE 4 - (c:p\minutes\jan98.Minl '..',.: t,' j.~~,... . ;.., MEETING MINUTES ASHLAND AIRPORT COMMISSION Noon, Wednesday, February 4th, 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: ReQuest for Additional AQenda Items: None. II. APPROVAL OF MINUTES: Wednesday, January 7th, 1998: (Correction in minutes: Subcommittee met in January, not February, for meeting on 12th.) Mace stated the minutes were approved as corrected. III. OLD BUSINESS: A. PendinQ Proiects: -Green Hangar Repairs: Status: This item will be removed from the agenda. Jacobson will contact City when project is complete. - T-Hangar Development: Status Report: Mace stated the subcommittee met at the Airport and discussed the siting and developing of a new row of T-hangars adjacent to current T-hangars. Nested T- hangars would have a 42' width. Jim Olson will prepare the work estimates for excavation etc. Olson will also estimate the amount of work plus cost for prep- work as well as prep-work for an additional road. Olson will report back to the Commission on these details. This will be placed on the next meeting agenda. -Beamis/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 AlP eligible projects. Infrastructure is not included in the AlP projects as well as fuel tanks. Anything PAGE 1- (e :airp\minutes\feb98 ,Min) in the Airport Master Plan would be eligible. FAA is not 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 have been mailed out to 28 consultants/businesses. - Tree Trimming: Status Report: Barlow stated she has contacted Upper Limb-its and has requested they work directly with Bob Skinner on the tree trimming project. Insley asked the time frame for trimming the trees and Barlow stated hopefully by the next meeting. PAGE 2 - (c:airp\minutes\feb9B .Min) . ',r';"'\'r"~"""','r ,r''''l',:Mf''''::(~;'~, Barlow stated the property owners are the same and they will be contacted. Mace asked Barlow to let him know if this is not handled by next week. Mace stated Barlow has been hired by Josephine County as their Airport manager and will not be attending the next Commission meeting. . ., .~. I. .' ~ \,;:' -Spring Weed Control Program: Barlow stated there are new weeds in the apron. She stated Steve Gies is the contact person in the City Parks Department. Skinner will contact him and request they begin the weed control as soon as possible. -Drainage E. end of T-hangars: Mace stated they discussed the drainage problems at the Airport during their sub- committee meeting/field trip. Disharoon's drainage problem will be addressed by connecting the water run-off to the storm drain. C. FBO Lease: Final Approval Process: Barlow stated the FBO lease has been signed by the City and Bob Skinner. The changes are: Lease has a longer term, the building maintenance will be taken care of by the City and Skinner and the City are splitting the water and solid waste by each paying 50% of the bill. The clause has been revamped in reference to his capital improvements. He will negotiate with the City on the capital improvements. The term renewal is for five years with an additional three years at the FBO's option. At the end of each 5-year term the City has the ability to evaluate fuel consumption. Payments for everything on the Airport will be. made at the end of the fiscal year. The monthly payment date was changed from the 10th to the 20th for cash-flow purposes. IV. NEW BUSINESS: A. Airports Survev: Mace: No Report. B. Jackson Countv Planninq Actions: No applications received. C. '98-'99 Budqet Requests/Comments: A draft is not available because it is still in the discussion phase by the City Department Heads. Barlow asked for input for small maintenance items that need to be placed in the budget. Insley asked about a rotating beacon that can be seen at night. Discussion was held on purchasing surplus items. Pam listed possible items that could be budgeted for the Airport. Jerry Insley stated the beacon was an issue five years ago and surplus was looked into and nothing was available. Mace recommended relocation or replacement ofthe beacon light. Brush removal along Neil Creek was discussed. Discussion was held on current security. Discussion was held on FAA's fencing requirements which are mandatory for larger airports. PAGE 3 - (e :airp\minutes\feb98 .Minl D. Other: Discussion was held on Sandler's request. Mace stated any and all information received on the proposed property sale will be placed in the packets and Commissioners will be contacted if there are questions before the next meeting. Jerry Insley stated he was on the Commission when the 22 acres were purchased. The basic information at that time was that the land would be used for Airport related activities. He also stated that once a precedence is set it could become a big concern of the Commission. Mace stated the proposed land use needs to be looked at in its entirety. At this point the Sandler issue has many "unknowns". Ehlers asked if the land has been identified for use in the Master Plan. Mace stated our plan is in conformance with the FAA requirements which are clear and deep. Mace stated to paraphrase is to ask ''why would the Commission want to do this". Mace will contact Council in reference to the Commissions feelings. Nothing will go forward without the Commission having full knowledge. V. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION: A. Status of Airport.Financial Report. Review of Safetv Reports-- Skinner stated operations are running smoothly. There are two lights out and the City has been notified. Activity has been very slight due to the weather. Fog- wise we have been better than other major airports in the valley. Financial report was in the Commission packets. Fuel price will be dependent on the price to the FBO. The Safety Report was also in packet. Wind-sock needs to be replaced and Skinner will take care of the replacement and bill the City. The wind-sock on the north end of the field has already been replaced. He also recommends an apron clean-up be scheduled ASAP. It is recommended the Fire Department be contacted to hose off the pavement because of the good job this type of cleaning gives. -Garbage Service: Update: The garbage service is in the FBO new lease agreement. B. Ashland Airport Association: Status Report: Hamilton stated May 17th will be Airport Appreciation Day. He expects the "compass rose" to be installed by Airport Appreciation Day. The Association meeting will be held this month and officers will be elected. C. Other: Barlow stated the survey in the packet needs to be sent back this week by individual Commission members. VI. INFORMATIONAL ITEMS: A.' Other: Mace stated John Yeamans has submitted his letter of resignation from the Airport Commission. Mace encouraged Commissioners to contact those Commissioners know that would be interested in serving and ask them to send a letter to the Mayor. PAGE 4 - (c:airp\minutes\feb98.Min) '": '1/" ,[,r '~; : ,,':"~-._':"'- 'i "~""" Mace congratulated Barlow on her new appointment to Josephine County as their Airport Director and wished. her well. He thanked her, on behalf of the Commission and stated a great deal was accomplished because of her work. VII. ADJOURN: There being no further business the meeting adjourned at 1 :35 p.m. Respectfully submitted, Caralyn Dusenberry Administrative Secretary Public Works Administration PAGE 5 - (c:airp\minutes\feb98.Min) TRAFFIC SAFETY COMMISSION Regular Meeting January 22, 1998 4$. .J.' MEMBERS PRESENT: David Fine; Bob Goeckermann; Christine Schumacher; and Dan Shulters. Staff Present: Jim Olson; Pam Barlow; and Brent Jensen. I. CALL TO ORDER: Commissioner Schumacher called the meeting to order at 7:04 p.m. I. APPROVAL OF MINUTES: December 11,1997 Minutes were approved as written. III. ITEMS FOR DISCUSSION: A. Public Forum B. Review of Traffic Reauests/Proiects Pendina -.Update of Pending Projects -.Orange Ave.: No Parking North Side, Laurel to Helman Olson presentation. LID Dist: 22', standard would be no on-street parking, no parking bays, no parking lanes. Question: should we allow parking on one side or none as per original LID? Dean letter and petition presented to commission. Jerry Quast: Emergency vehicles can't get through with parking allowed; discovered that there was originally no parking on either side of the street. Jim Olson: Policy is to not sign and watch for the development of problems; there has been a change in the City's policy regarding street standards. Jim Dean: Preference for no parking. Helen Dean: they have access on Helman. Commissioner Fine: Questioned need for on-street parking. Duncan, lives on Parkside: Thinks its too early to make the decision; thinks parking will be less of a problem when development is complete and builders' vehicles are no longer present. Quast: Orange Street should decide about one side or other; or no parking on either side if its a fire access issue. Olson: Fire department has indicated that they can access Orange with parking allowed on one side. More discussion ensued regarding width issues and options. Richard Katz complained about the process and thought the City should get together on how things should be done; the process puts citizens against each other. Jim Dean dislikes having to jog his vehicle around and between the parked cars. Quast requested more information on the principals of traffic calming; Olson provided a history and explained the philosophy of PAGE 1- {c :traf\minutes\jan98 ,MinI ~ ;: "', -; ~ ;,1 :~', ,- '['!4 "'I'f~,~'~" traffic calming; the concept is more environmental than financial. Olson noted that under the old standards it would have had no parking; under the new standards parking on one side would be an option. Fine moved to accept the staff recommendation. Seconded by Goeckermann. Jensen noted his concern for speed issues. Schumacher noted the parking on one side could be tried for now; adding no parking on the other side could be a future option. Fine noted that the street is a public, through street and if it can provide parking it should as Traffic Safety Commission's public duty; missive to Planning Commission regarding the issues this standard brings to Traffic Safety Commission. Goeckermann concurred. Unanimous. Shulters noted the problem could be addressed again. Motion clarified for audience. Olson noted the Signs could go up in about one week; signage described. --Laurel and Mountain View: Speed concerns Barlow presented. Fine spoke with Snell; noted Snell commended Barlow's professionalism and understood the technical reasons she gave for denial of the stop or yield. --Parking on Siskiyou at Library Bus Stop Location Olson reviewed letter received regarding the parking problem at the Ashland Public Library. Discussed the concerns regarding their proposal. Shulters/Schumacher denied request. Unanimous. -- Two Handicap Space Requests Whitten and Cross. Shulters moved approval and Fine seconded motion. Motion approved. -- Yield on Willow at Randy Olson reported the warrants are met for yield. Fine/Goeckermann moved and seconded. Motion approved. --Ashland Mine Rd. at Fox Street: No Parking Ray and Rainey Olson, 1135 Ashland Mine Road; residents at this site since '76. The issue started in '90 with the widening of the street. Ray Olson showed his map of the neighborhood; noted the need for on-street parking in the neighborhood; gave his history of the "no parking" sign confiicts. Olson thanked Barlow for sending the agenda. Olson noted there were conflicts regarding the parking prohibition dating from its initial installation. Jensen noted people tend to drive in the middle of the road due to the "blind corner". Schumacher noted her relatives lived in the area and she had driven the intersection frequently; she felt the corner was not blind and parking should be allowed. For Commissioner Fine, Jim Olson reiterated his engineering concerns regarding this intersection. Rainy Olson noted they had not seen an accident occur in front of their PAGE 2 - (c:traf\minutes\jan9S .Min) house in 22 years. Parking/no parking options discussed. The center line that was added at the intersection has helped keep cars from drifting wide at the turn. Mail delivery needs were discussed. Shulters moved that the no parking start above the residential driveway at 1155 Ashland Mine Road, and + 45' from the corner back to Fox on the east side of Ashland Mine Road. Goeckermann seconded the motion. Motion approved. Ray Olson clarified some additional parking issues regarding parking next to driveways. Fine requested the Postmaster be added to the agenda mailing list and be sent the agendas on a regular basis. Elkader Street: Problems at the stop sign. Olson reported that Public Works Director Paula Brown had taken this request from Joy Sayre. She suggests a temporary "bulb out." Fine moved and Goeckermann seconded motion. Motion amended: paragraph number 1. Motion approved. Removal of parking on Mountain along the Music Building is the second item. Jensen indicated the removal was an excellent improvement. More information is needed. C. Ped Safety Improvements at Fire Station #1: ODOT Staff Response Barlow reported that she spoke with John Vial, District 2 Manager, ODOT Region 3, and they plan to make their report at the February meeting for Traffic Safety Commission. D. Handicap Access Issues: Update --Australian National Federation of the Blind: Ped. Policy Statement E. Traffic Safety Education Committee: --School Safety Program: Report --sou Traffic Safety Committee: Report Olson reviewed his memo on crosswalk painting/thermoplastic costs for Schumacher. Schumacher also asked about night time reflection materials. The City has not been adding the reflective beads to the paint. Schumacher questioned the need for a reflective crosswalk since most of the comments she received regarded daytime use. Olson noted he would like to try some of the "ladder" type thermoplastic to see how it works. Fine suggested Olson explore SOU paying for the difference in cost (which would be about $2,000 per year). F. Misc.: ODOT Video "Traffic. Safety Fairs" ."Perils for Pedestrians" Video Series: Report G. GoalSettina PAGE 3 - (c:traf\minutes\jan98.Minl .''', , . .\. :" ..~. ..,..~..j '.' j H. Other --Oak Street Sidewalks: Olson noted Barlow was instrumental in obtaining the $100,000 grant for the neighborhood's sidewalk and traffic calming plan. Respectfully submitted, Pam Barlow Public Works Administration PAGE 4 - (c:traf\minutes\jan98.Min) TRAFFIC SAFETY COMMISSION February 26, 1998 Minutes of Meeting Members Present: Councilor/Chairman Don Laws, David Fine and Bob Goeckermann. Staff present: Jim Olson; and Officer Brent Jensen. I. CALL TO ORDER: 7:00 p.m. Meeting was called to order by Councilor Laws at 7:05 p.m. I. APPROVAL OF MINUTES: January 22,1998: Fine moved to adopt the minutes with change to as stated in his attached written statement. Motion seconded and adopted by Commission. III. ITEMS FOR DISCUSSION: A. Public Forum B. Review of Traffic Reauests/Proiects Pendina 1. Second Street Public Parking: Kyle Arberg stated he was in favor of the parking lot to be half 4- hour parking limit and the other half 2-hour parking limit. Discussion was held on letter submitted. David Skolnich, Home at Last Music, stated he was in favor of leaving the parking lot at it's present 2-hour parking limit. He stated the parking lot works adequately as currently signed. He referred to Allen Drescher's letter. Melanie Jensen, 945 Penny Drive, stated she was in favor of the 2-hour parking limit and that the lot was built from funds that were paid by the downtown business owners. She also stated the lot should not be an employee parking lot. William Barchett, Century 21 real estate agent stated he was in favor 2-hour parking limit for half the lot and 4-hour parking limit for the other half. He also stated there is a shortage for services parking and longer term parking which is badly needed. Melanie Jensen stated there is an adequate long-term parking lot located on Hargadine. Councilor Laws stated that realtors have been exempt from the employee parking ban. It was noted from the audience that Laws was correct in that realtors must abide by parking time limits. Commissioner Fine commented in reference to comparison with Van Vleet Realty. Kyle Arberg stated real estate shopping is much more time consuming than buying music, a vase etc. He feels sorry for Hargardine residents because of the congestion in the parking area. Commissioner Goeckermann stated he is not sympathetic to Century 21 realtors. Olson stated the former administrator, Brian Almquist, was concerned the lot would become an employee parking lot. The purpose of the parking lot was for the use of general shoppers and the tourists. Councilor Laws stated he is in favor of the 4-hour parking limit for the winter time only but not for the summer time. Officer Jensen recommended the possibility of the parking patrol officer not write tickets on over-parked cars if the lot was half empty. Commissioner Fine moved to not take action. Councilor Laws seconded motion. Motion approved 2-1. 2. Yield on 'C' Street at 8th Street Olson made presentation and discussion was held on the placement of "Yield" sign. After discussion Commission approved to place "Yield" sign on 'C' Street at 8th Street. 3. "No Parking" on South Mountain Avenue Olson gave staff presentation in reference to "No Parking" on South Mountain Avenue. After discussion by Commission Fine moved to accept the recommendation of "No Parking" on South Maintain Avenue. Council Laws seconded Motion. Motion approved. 4. Speed concerns on Wightman Street Heath Lawson, student from the SOU Family Housing Center located on Wightman Street and representative from Old Mill Village addressed the Commission in reference to their concerns of speeding cars. He stated numerous children olive in the complex and the speed is too great and proposes a dangerous situation and no security for the safety of their children. Debbie Rosenberg, director for the family housing complex, stated there needs to be funding available to install traffic calming. They will be installing shrubs along the street. C. Fire Apparatus Demonstration bv Ashland Fire Department: D. Follow-up on Previous Traffic Actions Olson reviewed and discussed Traffic Action List with Commission. E. Handicap Access Issues: F. Traffic Safety Education Committee: 1. School Safety Program 2. S.O.v. Traffic Safety Committee 3. ACTS Oregon News 4. Traffic Safety Notes G. Education Opportunities: 1. Report on Northwest Transportation Conference 2. Safety Committee Problem Solving (03/12/98, 8 a.m. - Noon H. Goal Settino I. Other: Presentation of the Transportation Document Commissioner's were presented the ODOT report in reference to the intersection at Fire Station No.1. This will be placed on the next meeting agenda. "No Left Turn" Sign at Albertsons: Commissioner Fine stated the "No Left" sign at Albertsons parking lot entrance to Tolman Creek Road is constantly being violated. He recommended the City remove the sign. Olson stated the sign and turn movement restriction was a compensation given to Mrs. Richards during the Tolman Creek Road Improvement project. Laws recommended the City not remove the sign. No action was taken by the Commission. Grant: Olson presented the ODOT grant for improvements of North Main Street from the Railroad overpass to Schofield Street. The Traffic Safety Commission unanimously supported the project and instructed staff to present the grant to ODOT. IV. INFORMATIONAL ITEMS: V. ADJOURN: There being no further business the meeting adjourned at 8:40 p.m. Respectfully submitted, James H. Olson Assistant City Engineer BICYCLE COMMISSION Thursday, February 19, 1998 Meeting Minutes Members Present: Landon Hilliard; Darrel Gee; Larry Hobbs; Russ Ricket; Councilor Ken Hagen. Staff present: Paula Brown; Mark Knox; and Mindy Bath. I. CALL TO ORDER: Councilor Ken Hagen called the meeting to order at 4:31 p,m. II. APPROVAL OF MINUTES: December 15,1997: Councilor Hagen stated the minutes would stand approved as submitted. III. ITEMS FOR DISCUSSION: A. Public Forum Elias DeChristo, a member of the Ashland Community Bike Program, talked about his program. Currently, the program has over 150 recycled bicycles. There are weekly workshops at Ashland High School. After going through 18 hours of courses, a bicycle is donated to that person. The main problem, is that there isn't much space for the stored bicycles. They would also like to find more areas to do the courses. B. Facility Development There will be a ground breaking ceremony March 17, 1998, at Dog Park at 10:00 a.m. -Oak Street Project: Presentation by Paula Brown Discussion & Comments: The discussion was held on the Oak Street local improvements and the $100,000 grant. -Bicycle Lockers: Status No discussion was held. C. Plannina Issues: -Review Planning Actions: Subcommittee Comments No discussion was held. --Review Site Plans of Upcoming Planning Actions: . Discussion Item PAGE 1- {c :bikfeb98 .Minl (Hilliard) Hillard and Gee would like to meet with Maria to discuss the Mountain Meadows Planning Action. D. Future Events/Promotions: -T-Shirt Project: Status The T-shirts are still being ordered. No further discussion was held. -March 11th <?able Access Program: Discussion Discussion was held on the March 11th one hour program from 7 to 8 p.m. Ken would like 4 to 8 people to help with the program. A meeting will be held at Hagen's house, March 4, 1998 at 4:30 p.m" to discuss what will be programmed. -Bike Commute Day: Discussion Discussion was held on trying to find a title for the Bike Commute Day. E. Bicvcle Safetv Education: Committee -Siskiyou Wheelman Activities: Status Rickets said there were a few updates about the activities. The kids race ride is still being put together. F Other: Ganeen Elsworth was still on the commiSsioners list and will need to be removed -Goal Setting Date: Decision No discussion was held. IV. COMMENTS: Commission or Spectators. V. INFORMATIONAL ITEMS A. Other: VI. ADJOURNMENT There being no further business the meeting adjoumed at 6:20 p,m. Respectfully submitted, Mindy Bath Public Works Administration PAGE 2- (e,bikfeb9a.Minl BICYCLE COMMISSION Thursday, January 15, 1998 Meeting Minutes Members Present: Tom Powell; Landon Hilliard; Darrel Gee; Larry Hobbs; Ashley Horacek; Russ Rickert; Councilor Ken Hagen. Staff present: Maria Harris and Mindy Bath. I. CALL TO ORDER: Darrel Gee called the meeting to order at 4:38 p.m. II. APPROVAL OF MINUTES: December 18, 1997: Corrections to the minutes were as follows: There is no "s" on the end of Rickert. Corrected spelling of new Commissioner Horacek's name, III. ITEMS FOR DISCUSSION: A. Public Forum Discussion was held on whether having bike bams located around the City ,to house bicycles for the Community Bicycle Program. The barns would be set at a reasonable distance from each other making it simple for people riding to be close to another bam. Commission felt it was a good idea for people to have a bike identification card to carry. This would help keep track of the bikes so they would not be as easily stolen. B. Plan nino Issues: -Review Planning Actions: Subcommittee Comments Commission would like to have the Traffic Safety Commission Agenda placed in their packets, if possible. . -Bicycle/Pedestrian Commission: Discussion John McLaughlin presented different ways and gave ideas of how to improve safety concerns around the City of Ashland. Discussion was held on the possibility of placing more bike lanes on City streets. Harris said she would get some more information on bike lanes and the State rules in reference to placement. McLaughlin stated that the State may have funds available for the City to help with speeding vehicles on 'B' Street. C. Future Events/Promotions -T-Shirt Project: Status Harris met with the Co-Op and they seemed to have a positive outlook on the sale of PAGE 1-(c:jan98.Min) Bicycle Commission T-shirts. Harris still needs to discuss this further with the manager. The Commission made the decision to purchase 100 T-shirts to be sold at the Co-Op. -Bike Commute Day The Commission discussed tallying number of persons attending Bike Commute Day. Hilliard stated that the schools need to become involved in the Bike Commute events, He also thought there should be special activities or events during this day to try and encourage people not to drive their cars. One suggestion was to have busses operating within the City at no charge for that day. D. Facilitv Development: -Bicycle Lockers: Discussion Harris talked with the Key Bank manager in reference to placing bike lockers on an area of their parking lot. The manager said he would need to check with other persons before giving an answer. He asked Harris for a letter of proposal. Harris will send the letter right away. She also talked with Shakespeare and they said they would be happy to have the bicycle lockers located near the theater. Harris is going to check the lot on Pioneer Street to see where placement would be practical. The Commission decided to go ahead with the ordering process for the bicycle lockers, E. Bicvcle Safetv Education: Committee -Siskiyou Wheelmen Activities Hagen talked with local TV stations about having a 15 minute to one hour show explaining new things that are happening around the City. There is an opening on March 11th from 7-8 p.m. Hagen is going to look into this and have information by the next meeting. IV. COMMENTS: Commission or Spectators. V. INFORMATIONAL ITEMS VI. ADJOURNMENT There being no further business the meeting adjoumed at 6:25 p.m. Respectfully submitted, Mindy Bath Public Works Administration PAGE 2-(c:jan98.Min) Ashland Forest Commission January 14, 1998 Council Chambers t 4 t ~ , " f( '( Bill Robertson, Tom Sander; Eric Schehen, Richard Brock, Teri Coppedge and Councilor Susan Reid. Staff Pam Barlow, Paula Brown; Keith Woodley; Jeff McFarland. MEMBERS PRESENT: Guests: Charlie Booth; Patty Acklin's SOU Land Use Planning Class. I. CALL TO ORDER: Meeting was called to order at 5:35 p.m. II. MINUTES OF OCTOBER 10, 1997: Minutes were approved as submitted. III. ITEMS FOR DISCUSSION: A. COnlments on 1011 Hazred Public Meeting: No new comments. B. Forest Lands Contracting: 1. Fuel Breaks/Fuel Reduction Work - Review Work Plan: Woodley: Marty is proceeding with the work plan--burning piles created by work on fuel break wings. Marty and Main recommend proceeding with completing the fuel break at Alice & Wonderland Trail as a high priority. This will not preclude use of the trail. He would like a recommendation to proceed. Robertson spoke about this modification at the Trail Meeting of November 12; there was no public concern expressed by the public. . Woodley noted Marty's crew did some temporary water bars on this trail last spring; he directed Marty to do that again prior to a long term erosion solution. Material will be removed in a mosaic--more removed on the ridge top for the fuel break. Woodley will discuss the "lighter touch" request with Main. Commission is concerned about immediate erosion problems with Alice and Wonderland trail and the need for long-term solution of this problem. Woodley acknowledged that there is controversy over fuel break design standards, Sander noted that there are trade-offs between aesthetics and effectiveness. Very effective and slightly aesthetic removal of manzanita at Alice and Wonderland Trail requested by consensus of the Commission. Key Club at the High School, Kiwanis sponsored, removed all the exotic . . weeds from the fuel break and received good press coverage. Woodley will convey the Commissions approval and appreciation. Robertson will write the letter. Woodley will request a recommendation and budget from Main for erosion mitigation work in the trail. Fleeger will also work with Woodley to see if there is a role for REALCorps in the work. 2. REALCorps (Americorps)-ProgramStatus Bill Fleeger was present and reported that their program was doing well. He is meeting with Keith and Marty in the morning regarding potential projects. They would like to bring Ashland Parks into this partnership. (Parks Commission: 1/26 at 7:00 in the Chambers) C. Proiect Review/Action Plans: I. Recreation - Status Report on Trail Planning: Marty Main has been given the go-ahead to finish the fuel break at Alice in Wonderland Trail. Schehen and Brock had concerns regarding impact on trail erosion. Robertson described trail planning process and objectives. Schehen noted that Mike Ricketts, USFS Recreational Trails, indicated to him they may be able to develop trails as soon as two years out. Robertson noted the concept was a five year plan. Reid wondered if erosion mitigation work could be added to the work to be performed by Marty's crew. This request is to be discussed with Main. REALCorps Bill Fleeger noted his crew would be interested in doing the erosion control work, Schehen hosted the Monday 1/12 Trail Users Meeting. Chair Robertson commended him for doing an excellent job. Schehen reported an there was an excellent turnout. The next meetings will be 2/9 Monday, and 3/9 Monday, at Pioneer Hall. They are making an effort to ensure different kinds of users are represented and will be breaking into subcommittees to accomplish more work. Robertson noted Coppedge's presentation was excellent, too. Coppedge will investigate creating an officially designated Parks Commission subcommittee to join the trail planning meetings. Robertson requested PWD Brown's attendance at these meetings. Advertising needs were discussed. Coppedge and Robertson will coordinate on a letter to the editor. Schehen described the PR plan from the subcommittee. Advertising needs were further discussed. Meeting process ideas presented. 2. Other Subcommittee Projects: None to report on. Robertson is concerned about getting more neighborhoods in the interface involved in fuel reduction work. It continues to be the one issue that stands out to him as an item needing more work, and he described the kind of work that needs to be done. Reid suggested that the students at the college could develop a video if the Commission developed a script and offered to work with someone to move this project ahead. She noted she believes it is a high City priority. Robertson requested the Homeowners Fuel Reduction Video be added as an on-going item to the agenda. Reid felt it would be an important communication tool. Woodley has contacts; previous Commissioner Niemark will be contacted for comments or assistance. , . Brock requested information on the current City fuel reduction requirements. Booth reported that the Park Estates Homeowners Association is accumulating funds at $2,OOO/year to do cleanup work in their common area. McFarland noted the Jackson County Fuel committee can do some fuel reduction. This is a free wood program for needy families. D. Watershed Partnershio Grouo: Info/Coordination: Coppedge spoke with rep. Joanne Eggers who reported that they are not actively involved with our Forest Lands issues at this time. They are working on the TID issue. F. Other: Wayne Rolle's write up from the previous meeting is in the packet. The plants that are rare are geographically rare here, and widespread nearby to the south. The Forest Activists conference in February was noted. IV. REVIEW/SET COMMISSION CALENDAR: V. OTHER BUSINESS: VII. ADJOURN There being no further business the meeting adjourned at 7:56 p.m. Respectfully submitted, Pam Barlow, Administrative Assistant Public Works Administration City of Ashland City Hall Ci[)' Recorder's Office Barbara Christensen, City Recorder (541) 488-5307 (phone) 20 E. Main SI. Ashland. Oregon 97520 (541) 488-5311Ifax) March 4, 1998 TO: Mayor and Council FROM: Barbara Christensen, City Recorder/Treasurer SUBJECT: Liquor License Application Application has been received from Bob Haney Jr.for a LIQUOR license for an ESTABLISHMENT, Oak Knoll Restaurant at 3070 Hwy 66 Street, Ashland. OLCC and the Ashland Police Department has completed the necessary background investigation and approval of this application is recommended. Barbara Christensen City Recorder City of Ashland City Hall City Recorder's Office Barbara Christensen. City Recorder (541) 488-5307 (phon,) 20 E. Main St. Ashland. Oregon 97520 (541) 488-5311 (fax) March 4, 1998 TO: Mayor and Council FROM: Barbara Christensen, City Recorder/Treasurer SUBJECT: Liquor License Application Application has been received license for an ESTABLISHMENT, 265 4th Street, Ashland. from Crissy Barnett for a LIQUOR Peerless Garden Grille & BLi8tD~ at 8,5m, OLCC and the Ashland Police Department has completed the necessary background investigation and approval of this application is recommended. arbara Christensen City Recorder , I citf of Ashland City Hall City Recorder's Office Barbara Christensen, City Recorder (54l) 488-5307 (phone) 20 E. Main St. Ashland, Oregon 97520 (541) 488-5311Ifax) March 4, 1998 TO: Mayor and Council FROM: Barbara Christensen, City Recorder/Treasurer SUBJECT: Liquor License Application Application has been received from Bob Haney Jr.for a LIQUOR license for an ESTABLISHMENT, Oak Knoll Restaurant at 3070 Hwy 66 Street, Ashland. OLCC and the Ashland Police Department has completed the necessary background investigation and approval of this application is recommended. Barbara Christensen City Recorder ..... citY of Ashland City Hall City Recorder's Office Barbara Christensen, City Recorder (541) 488-5307 (phone) 20 E. Main 51. Ashland, Oregon 97520 (541) 488-5311 (fox) March 4, 1998 TO: Mayor and Council FROM: Barbara Christensen, City Recorder/Treasurer SUBJECT: Liquor License Application Application has been received license for an ESTABLISHMENT, 265 4th Street, Ashland. from Crissy Barnett for a LIQUOR Peerless Garden Grille & BLi8E8~ at efl'S1vb OLCC and the Ashland Police Department has completed the necessary background investigation and approval of this application is recommended. arbara Christensen City Recorder '. MEMORANDUM 0.."0"" ...+~""'o'f AS:'~ ('Or ".~.T'~"O' ; $".,../.". ...,~, :: '- . . '--.."' ~ "'; , ::-"'~' .r)' ~ '" . /' - .... c> '~- .. .....'''''f~OItEGO~", +.... "I.. ,...,..\\\ CITY OF ASHLAND Department of Community Development Planning Division DATE: March 12, 1998 TO: Honorable Mayor and City Council FROM: John McLaughlin, Director of Community Development RE: Findings for Skateboard Park - PA97-066 Attached are the findings for approval of the proposed skateboard park. A public hearing was held at the March 3, 1998 Council meeting at which time testimony and evidence was presented. Staff recommends adoption of the presented findings. ;/ BEFORE THE ASHLAND CITY COUNCIL March 3, 1998 IN THE MATTER OF PLANNING ACTION #97-066, REQUEST FOR A PHYSICAL AND ENVIRONMENTAL CONSTRAINTS PERMIT TO PLACE A STRUCTURE (SKATEBOARD PARK) WITHIN THE FLOODPLAIN CORRIDOR LOCATED ON WATER STREET NEAR HERSEY STREET. FINDINGS, CONCLUSIONS AND DECISION ) APPLICANT: ASHLAND PARKS AND RECREATION DEPARTMENT ) ) RECITALS: 1) Tax lot 1201 of 391E 4CD is located adjacent to Ashland Creek off of Water Street and south of Hersey Street and is zoned E-1; Employment. 2) The applicant is requesting approval for the installation of a skateboard park within the Ashland Creek floodplain corridor. Site improvements are outlined on the plans and in the record and are on file at the Department of Community Development. 3) The criteria for approval of a Physical Constraints Review permit are described in 18.62 and follows: 1) That the development will not cause damage or hazard to persons or property upon or adjacent to the area of development. 2) That the applicant has considered the potential hazards that the development may create and implemented reasonable measures to mitigate the potential hazards caused by the development. 3) That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously that reversible actions. The Staff Advisor or Planning Conunission shall consider the existing development of the surrounding are, and the maximum permitted development permitted by the Land Use Ordinance. 4) That the development is in compliance with the requirements of the chapter and all other applicable City Ordinances and Codes. 4) The Planning Commission, following proper public notice, held a Public Hearing on December 9, 1998, at which time testimony was received and exhibits were presented. The Planning commission approved the application subject to conditions pertaining to the appropriate development of the site. ., 5) The approval by the Planning Commission was appealed in a timely manner by william A. Radke, Marie W. Radke and Terttu Harker. 6) The Ashland City Council, following proper public notice, held a Public Hearing on March 3,1998, at which time testimony was rece'ived and exhibits were presented. The City Council approved the application subject to conditions pertaining to the appropriate development of the site. Now, therefore, the Ashland City finds, concludes and decides as follows: SECTION 1. EXHIBITS For the purposes of'reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an .S. Proponent's Exhibits, lettered with a .p. Opponent's Exhibits, lettered with an .0. Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an IIMII All exhibits, Commission and the record for data, and testimony City Council meetings this action. presented at the Planning are incorporated as part of SECTION 2. CONCLUSORY FINDINGS 2.1 The Ashland City Council finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The City Council finds that the proposal for the installation of a skateboard park within the Ashland Creek Floodplain Corridor meets all criteria for approval described in the Physical and Environmental Constraints chapter 18.62. 2.3 Addressing criterion 1) - That the development will not cause damage or hazard to persons or property upon or adjacent to the area of development. Regarding flood hazards, the Council finds that the new study (October 22, 1997) has evaluated the effects of the skateboard park on the water surface elevations within Ashland Creek, and has concluded that the facility will not adversely effect future flooding conditions. Specifically. the report states: ". . . i t is concluded skateboard park will not that the construction of the proposed adversely affect the hydraulics of Ashland ! Creek. The O. Ol-foot increase in water surface elevation calculated by modeling the skateboarding park is not significant. The proposed skateboard park does not impact water surface elevations because there is no effective conveyance of flow in the left overbank area (location of proposed skateboard park). All of the effective flow in this reach is conveyed in the channel and right overbank area, which is lower in elevation than the left bank. Modifications in the left overbank area (vicini ty of proposed skateboard park) upstream of Hersey Street will not impact the conveyance of Ashland Creek. " The results of the computer modeling program indicate that the placement of the skateboard park at this location will result in a one-tenth of an inch height increase of water during a lOO-year flood event. The Council finds that such an impact is insignificant. No substantial evidence was provided in opposition to this study by opponents. Addressing damage, the Council finds that the design proposed by the applicant that does not disturb the existing creekbank and retains existing riparian vegetation does not cause damage or hazard upon or adjacent to the area of development. Evidence was presented indicating that this site had previously been an electric department storage yard with a completely paved surface. The Council finds that the proposed use and development is appropriate for the site and will not cause damage. 2.4 Addressing criterion 2) - That the applicant has considered the potential hazards that the development may create and implemented reasonable measures to mitigate the potential hazards caused by the development. The Council finds that the primary potential hazard involves flooding, and evidence was presented, as reference above, that the design of the skateboard park will not create a flooding problem. Other issues raised in testimony by opponents and neighbors did not involve environmental hazards governed by this ordinance are not applicable here. The Council finds that the proposal, with the attached conditions addressing no net fill in the floodplain corridor and vegetation, will not create hazards. 2.5 Addressing criterion 3) - That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The staff advisor or planning commission shall consider the existing development of the surrounding area, and the maximum permitted development permitted by the Land Use Ordinance. ",.- The Council finds that the applicant has considered the adverse impacts of flooding in the area, and have presented evidence indicating that the skatepark as proposed will not adversely affect flood elevations. Testimony was presented that this floodplain corridor area could be enhanced through not building the skatepark and introducing additional trees and vegetation. 'The Council finds that the criterion requires the consideration of existing development of the surrounding area and potential development allowed under the land use ordinance for the site. Community Development Director John McLaughlin stated that the other side of Ashland Creek adj acent to this property was an existing paved parking area for a church, and the adjacent area to the south of the site was also a paved recycling depot. Further, McLaughlin stated that the property was zoned E-1 (employment) allowing for 85% lot coverage by impervious surfaces, such as structures and asphalt parking. The City Council finds that in comparing the proposed development to the surrounding area and to the maximum development permitted by the Land Use Ordinance, the proposed site development will not have adverse impacts on the environment. 2.6 Addressing criterion 4) That the development is in compliance wi th the requirements of this chapter an all other applicable ci ty ordinances and codes. Based upon submitted information in the record, the Council finds that the application meets this criterion. No evidence was submitted disputing this finding, nor was testimony received regarding this criterion. The Council finds that the application has adequately potential hazards that the skate park may create, recommended measures to mitigate the potential hazard included in the conditions for approval. addressed and the have been SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the Ashland City Council finds and concludes that the proposal for the installation of a skateboard park within the Ashland Creek Floodplain Corridor is supported by evidence contained within the record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #97-066. Further, if anyone or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #97-066 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant be conditions of approval unless otherwise modified below. 2) That the final grading plan indicate that there be no net fill in the floodplain area. ,I , 3) That conveyance paths for the return of overbank flooding to Ashland Creek be indicated in the site grading plan so that flood water does not become trapped behind berms or other park design features. 4) That understory vegetation associated with the drainage way environment and floodplain, and outside the footprint of the skatepark structure, be retained to the greatest extent possible in order to protect existing stream and habitat quality. Understory materials may be replaced with like horticultural varieties of . plant species when approved by the Ashland Planning Department in conjunction with those species identified by Oregon Department of Fish and wildlife. 5) That a drainage plan for the site be reviewed and approved by the Engineering Department and Building Division prior to the issuance of a building permit for the structure. Outflow points to Ashland Creek shall be at channel bottom elevation and rock armored to prevent bank and channel erosion. Mayor Catherine Golden Date Resolution LeRoy Owens 667 Park Street Ashland, OR 97520 (541) 482-8041 Whereas, April 9, 1998, will mark the 100th Birthday of Paul Robeson, great actor, athlete, scholar, author, humanitarian, and fighter for civil rights of people throughout the world; and whereas, Paul Robeson, son of a runaway slave, rose to prominence when segregation was legal in the United States and African-Americans were being lynched by white mobs; Whereas, Paul Robeson's life of achievement in so many spheres made him truly one of this century's Renaissance figures and a role model for youth, and included an academic scholarship to Rutgers, football All-American, class valedictorian, Phi Beta Kappa, four varsity lettrs, lawyer, author, and world renowned theatrical performer and singer who was fluent in several languages and sang songs in over 50 languages all around the globe; Whereas, as Paul Robeson's political consciousness grew with the rise of fascism in Europe, he donated proceeds from his stage performances to Jewish refugees fleeing Hitler in 1933 and he traveled to Spain the next year to support the anti-fascist forces supporting the Abraham Lincoln Brigade; Whereas, in our country Paul Robeson spoke out strongly for labor and civil rights and was a proud honorary member of many unions including Actor's Equity, the Marine Cooks and Stewards, the National Maritime Union, the Transport Worker's Union, and AFSCME, and; Whereas, during the height of the McCarthy hysteria Paul Robeson had his passport revoked for eight years until it was restored by the U.S. Supreme Court, because of his outspoken opposition to racism and colonialism and for fighting for the rights of working people, and; Whereas, the persecution which Paul Robeson suffered during the McCarthy Era represents the types of actions the Constitution and the Bill of Rights were designed to prevent; Paul Robeson was denied this protection and sacrificed his fame and fortune and endured great personal hardship for his steadfast principles; Now, therefore be it resolved that the Ashland City Council hereby joins with thousands of other individuals and groups, including the Congressional Black Caucus, in petitioning the U.S. Postal Service Citizen's Stamp Advisory Committee to designate a Centennial Stamp in 1998 in honor of the lifetime achievements of Paul Robeson; and Be it further resolved, that the Ashland City Council hereby supports the organizing efforts of the Paul Robeson Centennial Celebration and encourages educational and cultural activities furthering the recognition of the Paul Robeson Centennial in 1998. Petition to Ashland City Council, requesting Resolution above be passed. PAUL ROBESON, a brief biography Paul Robeson was a famous African-American athlete, singer, actor, and advocate for the civil rights of people around the world. He rose to prominence in a time when segregation was legal in the United States, and Black people were being lynched by white mobs, especially in the South. Born on April 9, 1898 in Princeton, New Jersey, Paul Robeson was the youngest of five children. His father was a runaway slave who went on to graduate from Lincoln University, and his mother came from an abolitionist Quaker family. Robeson's family knew both hardship and the determination to rise above it. His own life was no less challenging. In 1915, Paul Robeson won a four-year academic scholarship to Rutgers University. Despite violence and racism from teanunates, he won 15 varsity letters in sports (baseball, basketball, track) and was twice named to the All-American Football Team. He received the Phi Beta Kappa key in his junior year, belonged io the Cap & Skull Honor Society, and graduated as Valedictorian. However, it wasn't until 1995, 19 years after his death, that Paul Robeson was inducted into the College Football Hall of Fame. At Columbia Law School (1919-1923), Robeson met and married Eslanda Cordoza Goode, who was to become the first Black woman to head a pathology laboratory. He took a job with a law firm, but left when a white secretary refused.to take dictation from him. He left the practice of law to use his artistic taleills in theater and music to promote African and African-American history and culture. In London, Robeson earned international acclaim for his lead role in Othello, for which he won the Donaldson A ward for Best Acting Performance (1944), and performed in Eugene O'Neill's Emperor Jones and All God's Chillun Got Wings. He is known for changing the lines of the Showboat song "Old Man River" from the meek .. ...I'm tired oflivin' and 'feared of dyin' ....,'. to a declaration of resistance, ..... I must keep fightin' until I'm dying,...... His II films included Body and Soul (1924), Jericho (1937), and Proud Valley (1939). Robeson's travels taught him that racism was not as virulent in Europe as in the U.S. At home, it was difficult to find restaurants that would serve him, theaters in New York would only seat Blacks in the upper balconies, and his performances were often surrounded with threats or outright harassment. In London, on the other hand, Robeson's opening night performance of Emperor Jones brought the audience to its feet with cheers for twelve encores. Paul Robeson used his deep baritone voice to promote Black spirituals, to share the cultures of other countries, and to benefit the labor and social movements of his time. He sang for peace and justice in 25 languages throughout the U.S., Europe, the Soviet Union, and Africa. Robeson became known as a citizen of the world, equally comfortable with the people of Moscow, Nairobi, and Harlem. Among his friends were future African leader Jomo Kenyatta, India's Nehru, historian W. E. B. DuBois, anarchist Emma Goldman, and writers James Joyce and Ernest Hemingway. In 1933, Robeson donated the proceeds of All God's Chillun to Jewish refugees fleeing Hitler's Germany. At a 1934 rally for the anti-fascist forces in the Spanish Civil War, he declared, "The artist must elect to fight for Freedom or for Slavery. I have made my choice. I had no alternative." In New York in 1939, he premiered in Earl Robinson's "Ballad for Americans," a cantata celebrating the multi-etlU1ic, multi-racial face of America. It was greeted with the largest audience response since Orson Welles' famous "War of the Worlds." During the 1940s, Robeson continued to perform and to speak out against racism and for peace. As a passionate believer in international cooperation, Robeson protested the growing Cold War and worked tirelessly for friendship and respect between the U.S. and the USSR. In 1945, he headed an organization that challenged President Truman to support an anti-lynching law. In the late 1940s, when dissent was scarcely tolerated in the U.S., Robeson openly questioned why African Americans should fight in the army of a government that tolerated racism. Because of his outspokenness, he was accused by the House Un-American Activities Committee (HUAC) of being a Communist. Robeson saw this as an attack on the democratic rights of everyone who worked for international friendship and for equality. The accusation nearly ended his career. Eighty of his concerts were canceled. and in 1949 two interracial outdoor concerts in Peekskill, N.Y. were attacked by white mobs while state police stood by. Robeson responded, "I'm going to sing wherever the people want me to sing...and I won't be frightened by crosses burning in Peekskill or anywhere else." In 1950, the U.S. revoked Robeson's passport, leading to an eight-year battle to reseCure it and to travel again. During those years, Robeson studied Chinese, met with Albert Einstein to discuss the prospects for world peace, published his autobiography, Here I Stand, and sang at Carnegie Hall. In 1960, Robeson made his last concert tour to New Zealand and Australia. In ill health, Paul Robeson retired from public life in 1963. He died on January 23,1976, at age 77, in Philadelphia. /l~J4j ,#!NO~ ~ ~ ~ .1) '-'- (1 i C'0J ~ I 'J 'Y 7J, I c#~. /)~ ~"1L~ o;~ !?;-Lle" <-I ~.Ir)4'lii./'') , NAME ~ ~,0JJ~ ~- NAME . RESOLUTION NO. 98- A RESOLUTION SUPPORTING THE ORGANIZING EFFORTS OF THE PAUL ROBESON CENTENNIAL CELEBRATION AND ENCOURAGING EDUCATIONAL AND CULTURAL ACTIVITIES FURTHERING THE RECOGNITION OF THE PAUL ROBESON CENTENNIAL IN 1998. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: WHEREAS, April 9, 1998, will mark the 100th birthday of Paul Robeson, great actor, athlete, scholar, author, humanitarian, and fighter for civil rights of people throughout the world; and WHEREAS, Paul Robeson, son of a runaway slave, rose to prominence where segregation was legal in the United States and African-Americans were being lynched by white mobs; and WHEREAS, Paul Robeson's life of achievement in so many spheres made him truly one of this century's Renaissance figures and a role model for youth, and included an academic scholarship to Rutgers, football All-American, class valedictorian, Phi Beta Kappa, four varsity letters, lawyer, author, and world renowned theatrical performer and singer who was fluent in several languages and sang songs in over 50 languages all around the globe; and WHEREAS, as Paul Robeson's political cOnsciousness grew with the rise of fascism in Europe, he donated proceeds from his stage performances to Jewish refugees fleeing Hitler in 1933 and he traveled to Spain the next year to support the anti-fascist forces supporting the Abraham Lincoln Brigade; and WHEREAS, in our country Paul Robeson spoke out strongly for labor and civil rights and was a proud honorary member of many unions including Actor's Equity, the Marine Cooks and Stewards, the National Maritime Union, the Transport Workers Union, and AFSCME; and WHEREAS, during the height of the McCarthy hysteria Paul Robeson had his passport revoked for eight years until it was restored by the U.S. Supreme Court, because of his outspoken opposition to racism and colonialism and for fighting for the rights of working people; and, PAGE 1-RESOLUTION (I'<esoIulYobeson....) WHEREAS, the persecution which Paul Robeson suffered during the McCarthy Era represents the types of actions the Constitution and the Bill of Rights were designed to prevent; Paul Robeson was denied this protection and sacrificed his fame and fortune and endured great personal hardship for his steadfast principles; and NOW THEREFORE BE IT RESOLVED, that the Ashland City Council hereby joins with thousands of other individuals and groups, including the Congressional Black Caucus, in petitioning the U.S. Postal Service Citizen's Stamp Advisory Committee to designate a Centennial Stamp in 1998 in honor of the lifetime achievements of Paul Robeson; and BE IT FURTHER RESOLVED, that the Ashland City Council hereby supports the organizing efforts of the Paul Robeson Centennial Celebration and encourages educational and cultural activities furthering the recognition of the Paul Robeson Centennial in 1998. 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. Shaw, Mayor Reviewed as to form: Paul Nolte, City Attomey PAGE 2-RESOLUTION (I'<esoIuI'lobeson....) MEMORANDUM CITY OF ASHLAND Administration Office of the City Admfnfstriftor DATE: March 17,1998 TO: Honorable Mayor and City Council FROM: Greg Scoles, Interim City Administrator RE: School District Request for Waiver of SDC's This request was originally placed on your agenda at the request of the School District. John Daggett, School Superintendent, called today and asked that this item be continued to the next regular meeting to allow the School District additional time to prepare a response to the City staffs position. The revised agenda has been changed to reflect that this item has been continued to the April 7, 1998 meeting. l'G\memo\98\317 Paul Mace Z SOFTWARE INC I am generally in favor of the Fiber Network concept, but have a number of questions about the business plan and its assumptions that leave me with reservations about endorsing it unless and until it has been reviewed independently for both technical and business merit. Is the City going to become an Internet Service Provider or not? If the answer is yes--which is what the business plan says, how would that operation become profitable--bearing in mind the local ISPs each employ 10 or more people to serve 2000 customers each and is barely self-sustaining. If the City becomes an ISP, how does it avoid competing with other businesses, since it sets the basic rate for using the cable. How does it avoid creating a technical division with a substantial budget. And what is the ongoing cost of assembling that staff, training and managing it, given the competitive nature of salaries in hi-tech? In the fluctuating realm of telecommunications, how does the City project and guarantee the cost of bandwidth needed to assure service at the currently planned price of$40 unlimited access. Can we guarantee US West, MCI and Sprint will sell us necessary bandwidth for 8 years? What is the risk associated with investment in equipment that will certainly be outmoded at least once if not twice in the estimated payback period. What will the real performance be? The numbers touted in public are not reflective of real Internet performance by at least an order of magnitude. The business model should be based on what will really be for sale, and that has not been defined--in part because the true cost of services has not been determined. Who will control programming, content and advertising on our cable and Internet services. Presumably we will be in the marketing and advertising business, as that is where the profit is. Will this be outside the political process? How will privacy of information be secured--both the cable and Internet services will have detailed information about every subscriber's habits. This information will be there at the touch of a key in the normal course of business--it is data marketing and advertising use to justify charges. What controls the use of this information and who exercises oversight? I specifically recommend that the technical and business advisory groups mentioned in the latest business plan be formed and tasked to review the plan within the next 30 days. While it is necessary to move forward, a cursory review of the plan shows several underdeveloped assumptions, any one of which could, if incorrect, lead to failure 400 Williamson Way,Ashland,OR 97520 1-800-944-0191 • 541-488-2322 • Fax 541-488-1549 • www.pmace.com • gateway Better REAL ESTATE /y Homesm Emile E. Cloutier, Jr. - Broker March 17, 1998 Mayor and Council City Of Ashland Ashland, OR 987520 Dear Mayor Golden and Council members: I This letter is to urge your approval of the proposed fiber-opti l system for the(residents of Ashland. As a moderate user of the Internet for business purposes, I am frequently irritated by the limitations of the present Internet connectivity system. Slow downloading of documents, time consuming waits for connections and periodic disconnects are only a few of the problems. Local Internet Service Providers (ISP) do a very good job given the limitations of their equipment and the telephone system. I am aware that in some locales, ISPs use TV cable systems with remarkable increases in speed and reliability. Fiber-optic systems offer even more dramatic increases in speed, allowing real time video/audio conferencing not to mention virtually instantaneous access to web sites and downloading. All in all, this proposed system can only benefit the businesses and residents of Ashland. Sincerely, r cloutier@mind.net "Your Realtor For All Reasons" 135 Oak Street, Ashland, OR 97520 Telephone: (503) 482-3026 Fax: (503) 482-3461 ® M� LLOYD MATTHEW HAZNES MEMBER OF THE ATTORNEY AT LAW TELEPHONE: OREGON AND 31 WATER STREET (341) 4452-9 300 CALIFORNIA BAR SUITE 222 FAX; (341) 482-0334 ASHLAND, OREGON 97520 March 17, 1998 The Honorable Cathy Golden, Mayor and Ashland City Council 20 E Main Ashland, OR 97520 RE: Ashland Fiber Network Plan Ladies and Gentlemen: This letter is in support of the City proceeding with installing fiber optic technology in Ashland. Unfortunately, I am unable to personally attend the Council meeting, thus, I am sending this letter. I am strongly in support of this progressive City moving with vigor and vision into the 21st Century. This project deserves your support. Thank you for your consideration of this letter. .I remain, Very truly yours, i � 1 Lloyd M. Haines LMH:sm MAR-17-1558 12: 10 P.01 r Pt�TRAMNSMTTuAL #Of Pages TO FROM:2ve� To the City of Ashland c LMOA SPRiNG9 iNN Ashland, Oregon � � ' ' - PR NE(541)482-7128 FAX s {i F-(D AX/ (541)4881845 -G� s Dear Sirs or Madams, COMMENTS h T-~-•--- Ashland, Don't It Again. The North Ashland Area is, once again, conspicuous in it's absence from the Map of the proposed fiber optics network. It is the only part of the City or Urban Growth Area, no;, included in the new plan to "hurtle" Ashland into the 21" century. It's enough to give a guy a complex. While perhaps not the prettiest part of town, the North Ashland Area continues to be the largest employer of people in the Ashland area, with the exception of the downtown core area. Over 350 person are employed in the Urban Growth Area of North Ashland, by more than 25 business enterprises. These business need any benefits accrued by this proposal as much as any other part of Ashland. North Ashland Could Use the Cities Help 10-15 year ago Ashland chose to include this area in the Urban Growth Area. It signed a document with the Jackson County, taking control of The North Ashland area's future. Therefore the City should assume leadership in helping this area come into the 21`h century, With the cities' help, this area could be an even more important part of the economic mix that makes Ashland unique and viable. Ashland, Please Include North UGB Area in Fiber Network It is important that the clout of the City be used to extend the proposed network to all areas of Ashland, not just initially the most lucrative, or politically desirable. While the shear numbers of distinct customers may not warrant the extra extension of lines, economic reality and fairness, does. Sincerely, Duane Smith TOTAL P.O1 05;17/98 19:05 '6919 288 81515 t..r. uSiLiiina Utility Parkway, P.O. Box 769 Cedar Fails, Iowa 50613 Phone: 319.266.1761 Cf[i Fax: 319.266-8158 Email: cfu®cfunet.net Cedar Falls March 17, 1998 uit://ties • The Honorable Cathrine M. Shaw And City Council Members Office of the Mayor 20 East Main Ashland, Oregon 97520 Dear Mayor Shaw: Pete Lovrovich has asked that I share with you and members of the City Council a brief statement on the decision of Cedar Falls Utilities to develop a communications utility. This idea, which originated six years ago, has resulted in the successful development of high speed specialized data connection for businesses, schools and private homes. In addition, we are able to provide entertaitment television and a variety of communications applications, including local government telephony. This utility has profoundly benefited our community. Educational connections are world class, medical data transfer is state-of-the-art and entertainment television offers choice and variety previously unavailable in our community. These benefits are becoming even more noteworthy when cost and value comparisons are evaluated. The citizens of Cedar Falls have demonstrated resounding support for this communications utility. While the services, the opportunities, the revenue, and yes, even costs have exceeded those early plans--the future holds even more promise for new applications. As one reflects upon the initial decision to move forward, there is steadfast confidence that this action was prudent, responsible, and of unmitigated benefit to the people of this community. My very best wishes to you in your planning and deliberations. Sincerely, Wi liam K. Appelgate Trustee Electric • Gas • water • Communications 09/17/98 TUE 16:54 FAX 541 552 6557 SOSC ADMIN 0 002 March 17, 1995 SOUTHERN OREGON UNIVERSITY Peter V. Lovrovich, Director Electric Department City of Ashland Ashland OR 97520 Dear Pete: Re: Ashland fiber Network In light of our past discussions, a reading of the Business Plan for the Ashland Fiber Network, and feedback 1 have received from University stair, 1 continue to be encouraged by the additional service capabilities that will be provided by an activated Ashland Fiber Network. in anticipation of the public hearing at tonight's meeting of the Ashland City Council, I thought it timely to summarize how the University currently views this project: 1. It clearly will be desirable for the University to have future options available to it to take advantage of advances in telecommunications technology, As I and others have expressed, however, it is simply too soon—i.e., there is insufficient information and pricing available, for the University to commit to eventual purchases of network services. Such would require careful review of the alternative delivery systems available to us(including the Ashland Network), the program or internal service objectives to be fulfilled, and considerations of State procurement policies and agreements. 2. Having said the above, from an educational standpoint we do foresee the network enabling opportunities to do new things—the faculty through their scholarship and instructional activities will inevitably demand newer and raster access to communications and data. The Ashland Fiber Network shows promise in being compatible with this expanding technology demand, providing we can ail'ord it. The potential is currently beyond one's imagination. 3. The University will continue to access the Internet (where advisable) and communicate with our sister institutions and the Chancellor's Office using linkages managed by the Oregon University System. Such connections have been and likely will continue to be available to SOU quite cost effectively. The availability of such linkages will influence decisions relative to using the Ashland Fiber Network for academic and administrative activities Office of the President 1250 Sisklyou Boulevard Ashland,Oregon 97520-5045 Tel 541.552-6111 r•aa 541552.6317 srtno0sou.elu 03/17/98 TUE 16:55 FAX 541 552 6337 SOSC ADMIN 0003 Peter V. Lovrovich March 17, 1998 Page Two 4. We welcome the opportunity to participate with other potential users, and the City's staff, in the further planning of the range of services to be enabled by the installation of the Ashland Fiber Network. Our interest in serving on the Strategic Steering Committee is correctly noted in the project's Business Plan. Lastly, I would add my "thanks' to you and the City for your offer to link our new Success at Southern program on Henry Street to the SOU internal network via fiber to be installed by the City (your letter to Bruce Moats of March 16, 1998). This will resolve a costly dilemma fur us, arid, concurrently, provide SOU with early experience working with the City on the fiber network project. (I note that you have offered the installation at no cost, which we appreciate. However, we are prepared to pay for this installation directly if hclpful to avoid any ntisundcrstandings now or later,) I wish you and your colleagues well in obtaining a level of public understanding of the project's objectives and potential so that key issues can by addressed with clarity. My Universily colleagues and T will continue to welcome timely updates on the project as you can share there with us. Sincerely,, Stephen J. Reno President Ilc c: Mayor Cathy Shaw G. Scolcs, Acting City Administrator ` 4 CITY OF,.=�ASHLAND CITY HALL DEPARTMENT.ELECTRIC UTILITIES ASHLAND,OREGON 97520 90 NhMduhiain Avenue telephone(code 541)482-32-3211 Ashland;�OR 97520 (541)488-5357�sF2x:(541)488-5320 ��tiro v MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Pete Lovrovich: Director of Electrical Utilities DATE: 13 March, 1998 SUBJECT: City Council consideration for approval of AFN Business Plan Background of the Ashland Fiber Network Initiative: (As discussed during the Council Study Session on February 25`x) The telecommunications-related business opportunities for electric utilities arise out of three significant developments: ♦ Regulatory changes in both the utility and telecommunications industries ♦ Dramatic advances in telecommunications technologies ♦ Increasing customer expectations In the midst of rapid market changes, telecommunications technologies have undergone rapid advances with increasing capabilities and decreasing costs. These technologies hold out a dual purpose for the Department. They can be tools for obtaining operational efficiencies, improving customer service, and providing new pricing options, and they can also be used as vehicles for offering new information-based services to consumers, generating new and potentially significant revenue streams while enhancing our quality of life. Furthermore, information highways are anticipated to have widespread economic and societal effects on communities and the way that people affected by it live and work. These telecommunications infrastructures can be expected to engender important stimuli for economic development, improved educational systems, as well as improved public services and safety. It is within this context that the Department embarked upon its evaluation of the feasibility of developing such an infrastructure for the Ashland area And it is for this reason that it makes practical and business sense for the City to have a broad perspective from which to view such a project as an integrated team and partnership effort,rather than an individual City endeavor. The business proposition is to develop and install a telecommunications infrastructure, in the Ashland area, that provides connectivity products and services for broadband data, video, Internet, Video Conferencing and voice applications. This high-speed network will interconnect with other governmental, municipal, educational, and health-care institutions and enable the Department to provide an enhanced portfolio of products and services to the citizens of Ashland. We have, to date, made application for $800,000 in grants, both regional (Regional Strategies and Rural Investment) and federal (Department of Commerce). While our chances of receiving grant monies seems good, we will continue to pursue additional grant opportunities, should we be allowed to proceed. We have included a copy of Senator Wyden's letter of support for the Ashland Fiber Network regarding our grant application through the Department of Commerce. Attached please see a revised financial pro forma. Updates include programming fee revisions and a closer adherence to the results of the survey of Ashland residents. We further assume for financial purposes that no grant monies are awarded. Staff Recommendations: We respectfully request that the City Council approve the AFN Business Plan and authorize the Electric Department to move forward with the following activities commensurate with Fiscal Year 98/99: /I. Expand installation of the fiber optic network backbone out to the 19 proposed / nodes. ✓ 2. Fulfill the necessary legal requirements to become a provider of CATV services and begin recruitment of potential subscribers as the fiber optic backbone is installed throughout the community. 3. Develop non-discriminatory terms and conditions for the use of the telecommunications infrastructure to ensure that all interested providers have equal access to the telecommunications network. J4. Develop a Strategic Steering Committee responsible for advising staff on implementation and use issues. 5. Develop a Technical Advisory Group responsible for advising Staff on telecommunications and information infrastructure issues. _ 6. Begin hiring additional personnel to support the Ashland Fiber Network, in accordance with the staffing plan discussed in Section 7 of the Business Plan. Cad Enclosures: Revised Pro Forma Letter of Support from Senator Wyden Letters from other municipalities engaged in telecommunications projects. 103/12/98 THU 14:51 FAX 541 858 5126 �SEN. RON VVYDEN — ORE Q002 RON WYDEN United 95tateg �5enate OREGON WASHINGTON, OC 20510-3703 I I March 12, 1998 Cemmitt«�: I ' Budget Commerce,Science i Steven J. Downs, Director &Transportation I Energy&Natural Resources Telecommunications and Information Assistance Infrastructure Program Environment&Public work: :National Telecommunications and Information Administration Special Committee on Aping :United States Department of Commerce R.ply Tot 1401 Constitution Avenue, N W n 717 Hart Building HCHB, Room 4092 Washington,DC 20510-3703 Washington, DC 20230 (202)224-6244 Dear Mr. Downs: ❑The Jamison Building 131 NW Hawthorne Ave I wish to express m support for the Ashland Fiber Network proposal. This Suite 107 P Y PP P P Bend.OR snot ambitious project will address many of the employment, education and health (541)330-9142 needs experienced by rural Southern Oregon. 0 West 7th Ave sui te Because it is designed for easy access by individuals, agencies, P ublic schools, Eugene.OR 97401 universities, and health care organizations as well as businesses, the Ashland (541)431-0229 Fiber Optic Network will go a long way in helping to blaze what I call the"New Oregon Trail." Today's pioneers are looking for ways to prosper economically Q See 05 F rStX Bwlding and enjoy a high quality of life, often in a rural setting. Projects such as this make Suite 210 i that possible, at the same time contributing significantly to local economic Le Grande,OR 97850 I 541)9ee-7891 ' development. Oregon still exports too many of.its best students to colleges and universities outside S.Courthouse 310 West 61h St the state. Having this wide band capacity in Ashland will help Southern Oregon Room 118 University ttract and retain more of our brightest our Medford.OR 97501 Y g young people. The high speed )541)858-5122 , communications envisioned by the project offers many exciting possibilities for individuals and organizations of every kind. Building this kind of infrastructure will ❑ 500 NE Multnomah St foster clean, high paying jobs in a small town located hundreds of miles from the Suite 320 nearest large city,thereby tending to reduce the transportation burdens in our urban Portland,OR 97232 1503)326-7525 arcas. Please join me in supporting this very worthwhile project. ❑777 13th 1t,SE Suite 110 Salem,OR 97301_ Sincerely, y, 0-mail: senator®wyden.aenate.gov web site: RON WYDEN www.senate.gov!-wydan1!i United States Senator PRINTED ON RECYCLED PAPER PIAR-13-98 FRI 01 :39 PrI P. 01 MUM - Glasgow Electric Plant Board 100 Mallory Or. •P.O. Box 1809. Glasgow,Ky.42142-1609 (502)651-8341 . FAX(502)651-1638 . Too#1$00-648-6068 • epbC@glasgow-ky.00m March 13, 109R Mr. Pete Lovrovich City of Ashland Electric Department 90 N. Mountain Avenue Ashland, OR 97520 Dear Mr. Lovrovich: This letter is written in response to the information you faxed us. The document you sent is a new twist on the fairy tales regarding our project that the cable television industry is writing and distributing all over the country. It is somewhat heartening to know that the threat of competition is scaring them so much that their "information" is getting even more fictional. It is hoped that this letter will provide you some useful information from someone who knows the facts and is not afraid to provide them. First and foremost the Glasgow project is an exercise in the provision of municipal infrastructure. About the only factual information in the document you sent us relative to our project is that the project was not designed to produce revenue. We know of no municipal infrastructure that actually produces net income for the city. Sidewalks produce no revenue. The same is true for storm sewers, parks, ambulance service, and police protection. The cable industry likes to talk about these projects losing money. What they do not like to admit is that citizens have decided that advanced telecommunications services and competitive cable television have now become, in their eyes, essential services. That means they expect their city government to come in and perform that function which they created a city government for; provide a service that they cannot get in a satisfactory fashion from the private sector. The financial aspects of our operation are an open book. The cable industry gets its information from us by filing open records requests. We have made it even easier for them by posting our information on our website at www.glasgow-ky.com. The problem is, they do not like the facts, so, in classic cable television operator fashion, they contort them in the hope that the audience will be too stupid to check out the facts for themselves. As a non-profit municipal corporation, we issue revenue bonds often. We issue revenue bonds to pay for all capital projects whether they be for electric distribution plant (by far the most common occurrence) or for telecommunications plant extensions. Their contention that we have issued revenue bonds to finance continuing losses of the project is an interesting one. Have you ever issued revenue bonds on the open market? If so, you realize the scrutiny these bond sales receive. They must be blessed by bond counsel, a rating agency like Moody's, a financial advisor and finally by sophisticated purchasers of such debt. If anyone believes that we, or any municipality, could issue revenue bonds and receive a Moody's "Aaa" rating for a financially unstable project they simply do not live in-the real wnrld Mr. Pete Lovrovich March 13, 1998 Page Two The Tennessee Valley Authority is our de facto regulator. They have been notified of the misrepresentation of their study of our project. You will be receiving, under separate cover, a copy of the letter from them addressed to the cable industry's continued untrue remarks about their findings. The truth is the significant economic results of our project do not appear in the balance sheet of the Glasgow Electric Plant Board. They appear in the pockets of local citizens and in the retail economy where they live and work. As a result of our project, the average monthly cable television bill in Glasgow is about $20. The average bill in Ashland is probably about $37. We sell unlimited T1 speed access to the Internet for $11.95 per month for residential customers. If such a service were purchased from the phone company in Ashland it would likely cost over $400 per month. The difference in cable rates for the roughly 6000 homes in Glasgow means that the people of this community save over $1,2 Million per year. Over the life of our project, we have saved the people over $10 Million. If you agree with "Chamber of Commerce economic theory," that money turns over four or five times in the local economy producing a benefit of over $50 Million. That is not even counting the savings in Internet access. That $1.2 Million per year gets spent in Glasgow. It produces jobs. It increases the tax base. It creates new businesses. Those businesses pay taxes and use electricity. These are the factors that cities;use to decide what services they will provide. They differ considerably from the models that the cable industry uses, as they should . Finally, let me address the language they attributed to me in a direct quote. I am sure I have uttered those words. I have uttered a lot more words about the cable television industry and the people in it, but apparently they have chosen not to forward those comments to you. Perhaps the most useful quote for your purposes would be one attributed to the late Senator George Norris. He was having to battle the greed of the private electric utilities to creaie the Tennessee Valley Authority when he said, "A free people cannot permanently submit to the private monopoly of a necessity of life." The battle against the cable television operators today is just as fierce, and just as important as the decades old battle to establish publicly owned electric utilities. If you have any further desire to hear the facts about the Glasgow project, please let me know. Ily, William J. Ray, PE Superintendent i WJR/sh O:WDMIMLETTEMASHLAND.WPD Z0 'd Wd TZ: ZT INd 86-£T-Nvw 0 N M O: COD Cl (MO N p M O N O t�O N N N r O O O M N M v M c N� CO M (0 � A A } � A A N c N N O W V cD In M O M O m N V m M O 0 E w L 0 0 Z U- 0 M N O M r d .-- .- Co M cc O _ D C w N N O E A R O N N N Off C C fA t9 7= .S 0 LL Q M M M ^W M N V V V m N O M LU 01 M R Q d L � N N N N L M N O d C L U J 2 O X t� (0- W m O n m c o E d N Q c J J O m g a v 7 a�i n m L� E w c O N w c U w m fq K 0 0 0 c Z N N a w 1° rn n N N o . N v Mao OW NO M cn M n m N n NW m N .- y in w vi W M n n m Oct a N W 'W N m o o o m e m m N W W W v N o m v n i+> m Ncc) M L t0 m W W W O E j 69 n 3 L O Z LL _ L O V NOW OW N N N md O ao� lh O N n lC � t � N 6L Q N " OW O acct N H N N V N m N N act Q 0 O O � OI O m m m al W v W W Y W W W Z N N W J T LLJ� da Q N N c 0 j 3 U d L N O N Q J (n A N c LL N U r L w Q Uv o'f U�U a c N U t ry N d L d y 4 0 0 y W w U vO of O d v 0 W C d V 0 l0 L c c 2 in0 cm wU J w v u0 z a z m w` Np h W O m M O d m C6 o o cli N ao v� (o o co n m C-4 co n64Om mp NO m ON V tf M M ° cND N R 04 n C W ) H of m m aD cc °d9 O fro Oo O tl1 co a n v o m w » w Y to w O w w N O o N N ((O V O aOD r 3 E } o d Z LL M trOO � � o V a w W ? m O N V LL R ° M» ww °� Gov v°'i V d C6 cl;w C C Y !Q la t C i Q � ornrn oo � ° o O N <7 1l1 Hi O O ap 01 O V (O r N Mf°O R v cv } W C99 i a in d m `m Q v c c 0 � m O � c c m W O c N d m N N N U W 0 N � C O N o c N O q 0 E Ol N N m W O , N c o m a� j y 7E a�i o d o E c �o O w ~ 0i `o a a c > = o � E � � mmwa y Q m mnmoov m o �nm M � m o o v� mm N O N m M M m C f9 V M O m M m N M N O O M d W m O m N m IT 0 Oct m - O O N R O O C(n n m V O O M O C N m O N N m m M m M N - O m m O m N cC m N n N m N� M� N N 0 0 O 64 N m O v M 0 o O n (O m C N M N O O m M m m m M m C V M a p n m m o n O O M M Q Oct N m M M M m m N n N O o C N O O m tN O? V Oi c7 MN N O O V N W N (O Hf n N m m N V N m n M N (O m (n Vi M M 19 fA Co m N m f9 fA m (fl f9 e9 EA N Vi (A t9 fA M m O m m O N m n m m t 0 (O m O O M O m 0 0 (A m N 0 m N O m mw R O O (O CmNm OnM lOm M (0-n R O O n O m m m to m (11 N V N V � O O N O O O - o V f9 (OM mm m (O m m n M O m m N (A M N M iA n (A m Vi 69 O � 6400 b9 N 0 V! (A f9 O m m M O n m 0 m m n N [T n O O n N m m M m M M m n ? N n m O O N N n m m m 0 (f J N O m m (O N m O O M Nmn M W uivMN moi V (n O m m m m C V ! (O n m m M n O N M O Y m V n Q Vi M W to v m fA 1A f9 (A m �. l0 m e» w w -7 C6 ui N ui E y V d G 2 LL L D v 0 oovv urn m (n (no — o o (n n N m ` O m N N n N m 0 m (O O O M a m N m M M n O O n M O V O O m n (O m N (O (O .=m m m O m O O O m (A f9 V0 m� (A f9 N IA f9 V t9 � L C U) LL Q 0 0 0 0 0 0 0 0 0 o o 0 0 o 0 0 0 0 u� » w (nwv� wrn u� wv> (n uaen w 69 .» w `m d } N z z . U) z m O U m N m U m m d N L N y > a Wa a i t a m cn n m U N1 E d m N Z (N(�� t y y j m W m C m Z lO LL p O U m m CO CO Ul Wv c c `m `w u�i umi in (� p d N F- ca y y m C N O v m (n (°� � ¢ d � — mm JJ O m W t d E c 0 ' o -p u�i u�i c c a n O d c .r,- a o o m e c v ;o 0 O N N m d O m mFA N N N w ~ O U W m xx m 'O C .- p m m N m m = F- mLI LLLL Q C - Omm LL' d' DD W U O � O � d o QON �n o �n v� omQ �nNnoNOOO o M W N ep V m n m P M m M m Q m N 0 O V M LL Vi N N eA N inMn lOM w .- �nmwwMnoMMO n ~O O w Mw w Mw w ww Nw i A w w M My M C4 w w w d oNmov� nPn P eonmNO � oo °o N nmMwo �nnM �nmNnedeno oom m •- N m m Nn M .- n OQ MO n On Om M h O c0 V ` M N Q (V N V w w w w w M M w lh d w w H w w N N m w O m m M M m m M M n 0 O O ep M V u> n (V V A N M N M M O N Ol m W N O l0 en w w w w Cj } w m M V 0 � m N m M n eO m M O M O O p m n w O n n m N n M m N N O N O O m n n n N m Q N N m e 0 V C N M O Q O m m M n N M N N 0 V n n N M m L M M wou> wwen69 Mwinino wrn rQiNww m �. R u w in V) w w ci 3 E } w O Z LL " 0 N N M O O m V N e O Q O O N M O O N O O p P d a n N N w O m m Q N m m N V m O O P O O m N N P m N V N n lL R [V Q m w O N m N n n V n M N 0) � nwM O O O V O O eA O M � wo — � wwwQ ov0 Cl) 64 N N Q °o p C1 d w `n en w w w di � O � } �p R L C Q LL m000NOOOOOOOOOOOOOO Ow o m o mw ow O O O O OOOOOwwww M NNM vi PN_(0 V OON m O V M n [V n N— M N m 0 O n } m d m m � U) d d d W > > t N d d Z m L L m W m U U d d X W M U d U d d m N ? a c E > > d O C V d V m (n C L N Y LL y L L 'd X W an d fn U1 ? L U N U C C d N d CO U) L LL d C N d d U 'O u cA d U c N c W v w , E (D a o6 � a eo � 0 c o Lij x J wd U V C L Y= N V Y !? O � �( c �od W d OD N E` N V G O0 W v m '2dtt: o o `a d '" oM : w rn co F- > 00- F O � ao Um Q- den co N o0 0 00 0 a (cpL 000 Oo 0 a R Oi N N CO O CAa yi w CA 0 0 0 0 0 0 0 O en wvaw e» u� «n w N A d } 0 0 0 0 0 0 0 O !A fA M f9 M d) f9 69 7 R d } 0 0 0 0 0 0 0 O fA fA fA EA f9 Hi f9 Vi lh L d } L d C Z LL L Lo 0 0 0 0 0 0 0 0 O. cl OC w woO OO M c) n LL m C C } � l9 � = C N LL Q 0000000 0 m oo O °o � o °o m 4) (VW f9 M Co W K H a E Z w c x w ^ h x y m E m w E n F r CO vw c a E w a d Q W c E w .5 y x U Y Wxo.VI 4'1 c �n p lL 10 d C -5 « n�O w cc � n o w 'E '5 c ._ p > 5liw m 2 c E t c F- U tUp UUUO co 1�U n Q p p p p p p p p m m N CSI S n t^O S S O O M H y H N H N H H N � g ���m SSH��Cmgl CogIH�HNCOg� � R�»�a N N Q N Ot O1 N N N H H y( M M � H H ^ foDNH m SNKN �COO� �g Hhh �jg VNHH d 1°iy CI Y°fi °I °I CN a9 yj N H p y y y H H Y > aC�OI COgI y H S N W 0 H N N H H `YNNG NH Y H N > O q YY!! H N V H N YS O > Z LL � O as 3 S 8 N. g g LL W Ot OI D• 4l N N C •� u N H H H y � y H t C H LL Q N m N Y O O Y q N r O: 8 gp l° ygypyg ����(gpp �l N l'1 l'1 9 S N H H U y y 2 O F K f z E Z< s O c � w >< E O O T LL b ° m 2 ro C Q g 1- N CO o z , CQ N O - N - Q N z U U R R R R N ~ V N 10 R R R ~ S N F N N N ~ LL 0 A A A N ~ W m m m m d d d m d m n m m m m m m m m m m m tl 8 U � saa22a ##■a;# 4#222§ i . . 222222 A#aaa# ##2224 R ;; � bass a §§S ;; ; ;; 2 k }} # k k § ) % � � ; ■ ■ ) � K § § { k q laaaaaa ¥#aka# 4#222§ . e ; ie § | ! k � k )f « 7f « N ( i $ $ \k\ k® 2 (7 ® cj i ° ci § ( MMJ 0 2 a2 kk j � 2 § § ) ([k @ ® § kk ® A ID Ef \ \\ I ) ! (a LL § § § ((A ® \§ (A ® Ali # - � { § ` 2 § � t . , ! 12 , ) ) ; § : - § k ® � ! \ o / 2 - « - ! ! ; 2 ; 0 § - LU - ' § \ ] / ) § \ \ / � { \ } \ \ � # 7 \ j \ ) � ) kk � k � § * _ r _ < , _ ; ! ` m > 0 m m A o °J a w N e ° u ^ $ $ q ° " m wdw5 $ 7wpJ c aaR � c v Cli d r • ' m 9 9 F C5 m O ' r v O V Q V V LiSS{ d r '8f�' � � `� �`v `8� v N00 ° CJ N N NNN l7 � ^ 16 vN — for °«Z��� 9 «�$ pJ a as N v a C � i ZO o LL RR �-�ee ��ee � a � � cS � RRm o o aujoagagO* 11 aCL IL a > 'C V G G R l0 NLL o0 0 � ffi888 � 88 00000 000 a u " $ $ fJom-0 A d r v N L U N O c m m EL w mm 7 d c 'm w a �c�jj u D. m � m Z2 m m m K o CO c Ki m is z CL � w c cW2p mm �ZZ0 a� v 'n wQ a 'Qu m < m c D: o 2 S' m de bee w m Q d �S c v C q O W c ES 200 J m P i c a `m v G a2 .� N o J c E a N o m 0 u m E a N o i3 m m m e p o c Lo y w _ Q W S1 J N X d N U C r D N % d N V C N A W N N C > N W C z ama waaQQO am wo. o. ¢ QO 2E am SG -1 R Qmzw N U U U U U v m Y a a w w � �ri �6 � ���ft3 oDQ� rNO 0000c� 8 � ^ � � SR3� 'c^401 � � A Vi Y } a'a Q 4O 1 a it�C 0 1 p>}A Y A A Y �CO�O0$$QQ Nr 8 t�O N�to ccOo rn `��$0yq pO)1 i OO s o o $ N ' 86No�000j 'A ffi y OO Mo. 9. Nap 00 0"o0 0 Z LL O O O s g O N N 2 g a ° I>- ^ gp O N LL C ° g8 o000R8 00 8 00008 0v�0�N 0 LL O th z z N N z Q c E2 m W in Y d 1 y 6 N U > ° ° V N C V W o '" ° N E N y( Y N G Y Y N Y c J Y 7 .� Y J U L° y m a Q a d U a w m a, c ¢ m a, Q S C > > 'G 9 m m z > � m > wg > _ ¢ ¢ � Azw < M * QaZaX * amzw < w * amwarc � amzwa N U U U U U N d m N a Ld N (V M Vi LO = p M M H N d � Y d ` Y W O CD E U. � »s � � Cq CL w w aw IL i0 Y 9 V C C l0 R Q LL $ ° p $ o9 $ rn � A d Y O N N a C N L N d Z LL Q O O O O d a N = L N G =y D A D y tC d y L yy s E a > 00 ✓✓✓iii $L " c w a E v c°it - ¢ .- c O Lx C C a 4) C C a (A C C N jJ C C a O W d J O C K J O C K = O C N J O C K = O C N = O C a x � � tmf ¢ Stm � ¢ Stw � ¢ srm � ¢ St `n � QSt (nfQS _ d X25 `oa M v rpN. N N m (O N (D f0 O a 0 N 8 g �ap 1�l Hy N Hppp-p Hy y Hf° HCy7y7QQ�� NnN a 8 H � �^y H ^ ae ^ 8m � n gNx2 �y H ((ryrypp R � O H (O ^ N 8 N NN H � ^ N H N N N q D)H a LQ 8 HNQBemp H Hrnde Hneper Hn v HrBc O .2 N N ^ m CJ Z LL o � d a L HW d `m � w w � � � v ci C C 16 10 NLL. gs sgg g 8 o � 85 WHW N8 S8 853 d N - iC y2 2 Y 15 y2� G G L G G a a a a a a a z z z z z z g a g iT g y C LL li LL LL lL li N > y F y r t m W W W -co a -L E y E c ¢ t�y cU m j c ¢ n¢ Q 0 Q z Q 0 LL W O N a ° ° 5 E E O O O z ySE y°N] Q�N t w cc m J U N m Q v m a 0 0 8 0 8 Q O N O N 0 0 V V O N (U V) V Q (O fV V N Q � Q i0 � � w Vs 19 � W Nw 1A 1A � �wwwwwl� l7 w w� W a WW IA Y 8 Q �O21� O � (1p� g (hp 88 � O lfI (gyp (p� p� (p mN (p� N8 a > pp p Qj ppN M NO 80 Q �O ^ �(m] 11p� Oln (mV R8 1(l h OIA. NN OO N 0O NNlON _O oQ I� Q Q f0 O t,:N N Ci � i30 E 0 Z LL 1� 8p N t0 N 10 f° 0 0 N N 1� Pmm O CL M rz c c � R A o c a Y a L > y L C a O Ww w E > 4 ¢ EO � 2 s d o u L E ^ g c N H Q a Q L E pu o d w m N LL L E c E U d > w a ` U c M E 8 c O :: E N N N de S Ji _ N d FZ wr_ u � uai mNE o woci o 10 $ o f L t C y d F C 8 d E a d N C m U N LL O C IV O (V C a N C Z � wQ mwa u � �y m po �i c a d 2 a Qwy � � y ._ a} ° JE N w ua � ._ W E Q Ec °� c vai � m � �-" o � aNSO' D: �a N N ' L `� v Z Q * N m '-y 'c 2 Q O Q W �°- d 1°- a0 d m a a W op op N ..... . op op d Y y" O G1 s N 0 I� V N $g a d $� w-wN ds R E R > fa LL � V C C l0 R � a d E a c N C a � c E N g .> 0 U L d W a g p U 2 O m E c c 1O m a d yy cc a yy N �/ E mW W ui EZ .E F y u o n m m m W m d u u E !�- N m o c x m' m N V N c d m ° ; m ; E �i p `c E w x cl v 2 m vE d m d E yi Zi c a -- Z v S Z v > a w LL E 5 d d ? Ny W U d N a N N N J .� ca 'E °' N y 10 E a VC O O W d Z W a d U O b V 0 h d 0 U N O C o A x d A c m x d a o m J a g ' o ._ u O d o io a O mwa a mwaaF- —d < yN cLL 5 n m 2 S K u'S c ~ 6 .E � Ka rA UH c � S F E N � %iU Qu. 2 � 0 U U 2 ; ;■ a22a a22a k , 2222 § § § § K § § $ © t § - $ $ ja§ � Re , � � � m IL . a, M _ Z C � k®RA 22 � , , . . , , . \ . . ( E \ 2 § k | « � ! � � \ loco 2 ! w q , ■ ! � - f ] � } ) B ! co . � � k ' f ! � ! § ■ � " ! kwmk co k kk00to /. CITY OF ASHLAND Co Ashland City Council (sat) 4885002 o�- Y f 20 East Main, Ashland, OR 97520 (541) 4885311 - Fax EGO MEMORANDUM TO: The Mayor and City Council FROM: 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. These 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 governments 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 future. Those that fail will be left behind. You may (and should) ask, why do we need this ordinance? What's its purpose? The Mayor and Council , January 21, 1998 Page 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 (increased 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 already 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 fife 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 fife. 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 play a tremendous role in assuring that our community benefits from the latest state-of-the-art technology. Moreover, the city can assure that telecommunication providers utilizing the rights-of-way connect I ' The Mayor and Council January 21, 1998 Paae 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 certainly in the future, 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 Life 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 fife 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 future needs of our community, someone else will make these choices. The quality of fife 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 future, 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 future of telecommunications within Ashland. The Mayor and Council t January 21, 1998 Paae 4 1 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 future. Councilor Steve Hauck Attachment (P:aMteIma khWCk.MWW ORDINANCE NO. AN ORDINANCE ADDING TITLE 16 TO THE ASHLAND MUNICIPAL CODE TO REGULATE, FACILITATE AND PROVIDE FOR TELECOMMUNICATIONS WITHIN THE CITY OF ASHLAND THE PEOPLE OF THE CITY 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 License of Franchise 16.24 General License and Franchise Terms, Rates 16.28 General Provisions PAGE 1-TELECOMMUNICATIONS ORDINANCE (p:uraltWma %tdeo A-11 Chapter 16.04 Purpose, Definitions Sections: 16.04.010 Purpose 16.04.020 Jurisdiction and Management of the Public Rights of Way 16.04.030 Regulatory Fees and Compensation Not a Tax 16.04.040 Definitions 16.040.010 Purpose. The purpose of this We 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-TELECOMMUNICATIONS ORDINANCE J. Enable the city to discharge its public trust consistent with the rapidly evolving 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 (p:craltdeeo ktal o A•1) 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, at 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-TELECOMMUNICATIONS ORDINANCE 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 License means an agreement between the city and a grantee which grants a privilege 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 individual, 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 network° includes services provided by the State of Oregon pursuant to ORS 190.240 and 283.140. PAGE 5-TELECOMMUNICATIONS ORDINANCE Q. 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. § 151 at 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 759.005(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 67TELECOMMUNICATIONS ORDINANCE (p:.rd%w... %tel... -d-t) 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. 136. 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 Chapter 16.08 Registration of Telecommunications Carriers Sections: 16.08.010 Purpose 16.08.020 Registration Required 16.08.030 Registration Fee. 16.08.040 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 We 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 to 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 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. B. A private telecommunications network, provided that such network does not use or occupy any public rights of way of the city or other rights of way within the city. PAGE 9-TELECOMMUNICATIONS ORDINANCE a:a.a�tdud +.o-n Chapter 16.12 Construction Standards Sections: 16.12.010 General 16.12.020 Construction Codes 16.12.030 Construction Permits 16.12.040 Permit Applications 16.12.060 Traffic Control Plan 16.12.070 Construction Permit Fee 16.12.080 Issuance of Permit 16.12.090 Construction Schedule 16.12.100 Locates 16.12.110 Compliance with Permit 16.12.120 Display of Permit 16.12.130 Survey of Underground Facilities 16.12.140 Noncomplying Work 16.12.150 Completion of Construction 16.12.160 As-Built Drawings 16.12.170 Restoration of Public Rights of Way, Other Rights of Way and City Property 16.12.180 Landscape Restoration 16.12.190 Construction and Completion Bond 16.12.200 Responsibility of Owner 16.12.210 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 person shall construct or install any telecommunications facilities within the city without first obtaining a construction permit, provided, however: A. No permit shall be issued for the construction or installation of telecommunications facilities within the city unless the telecommunications carrier has filed a registration statement with the city pursuant to chapter 16.08. B. No permit shall be issued for the construction or installation of telecommunications facilities in the public rights of way unless the PAGE 10-TELECOMMUNICATIONS ORDINANCE 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 Plan. All 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-TELECOMMUNICATIONS ORDINANCE 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 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. When a permittee, or any person acting on its behalf, does any work in or affecting any public rights of way, other rights of way or city property, it shall, at its own expense, promptly remove 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 (o:"tal mmdtelft . 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 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 )o:urdUaecommHeleco -d-t) 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 Facilfties. 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 (P:orcr%W ktele -d-1) 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 (P:«mtaj co Xtelmc .d-tj 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 (n:"talmo 1telee«i A-11 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, if 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 if 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 identify: 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. I. 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 a:"td« jtd" A-ii 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. Q. 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, title 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 title. 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 title. 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 (p:ordktalec ktol c .d-1) 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:urA%tei c xtdec -d-ti 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 iP:"taiw�itai�-d-ii 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-TELECOMMUNICATIONS ORDINANCE 1p:mdUa« xui -d-n connection with any modification, amendment, renewal or transfer of the license or franchise or any license or franchise agreement. PAGE 26-TELECOMMUNICATIONS ORDINANCE 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 specked 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 ia:"ratel��tel�.a-n 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 txordltele ltde A-1) 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:n.mea�xam�ta�«am.o-i� 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 (P:"tai« heist« -dal) 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 taw. PAGE 32-TELECOMMUNICATIONS ORDINANCE Ip:n.Afttdec IteI o .d-11 CITY OF ASHLAND Office of the Mayor `a. MEMORANDUM ••.°.RECO�,.••W. DATE: March 17, 1998 TO: All City Council Members FROM: Catherine Shaw, Mayor RE: Recommendation on Appointment of Mike Freeman as City Administrator I am pleased to recommend the appointment of Mike Freeman, of Thornton, Colorado, as City Administrator for the City of Ashland. Professional recruiters David M. Griffith &Associates screened a total of 120 applications and from these applications, a total of eight were selected to interview in January and February of this year. The members of the interview panel were: Dave Bernard, President of Darex Corporation; John Fregonese, former Director of Community Development and present owner of a consulting business; Barbara Jarvis, chairperson of the Ashland Planning Commission; Dick Nichols, a member of the Citizens' Budget Committee and Ashland Community Healthcare Services Board of Directors; Stephen Reno, president of Southern Oregon University; Carole Wheeldon, costume manager of the Oregon Shakespeare Festival and Ashland City Council member; and Rob Winthrop, local business owner and former Ashland City Council member. Also observing the interviews were City Attorney Paul Nolte, City Council members Steve Hauck and Alan DeBoer, and myself. A thorough background investigation by David M. Griffiths &Associates of Mike Freeman has been completed. I am attaching a copy of Mike Freeman's resume, as well as a copy of the original job description. Mike has indicated he will be available to start work as our new City Administrator on April 1. Attachments: Mike Freeman 604 East 130th Way Thornton, CO 80241 (303)451-6098 EDUCATION Masters of Public Administration, Management, George Washington University, 1991 Bachelor of Arts, English, University of North Carolina, Chapel Hill, 1988 WORK EXPERIENCE City of Thornton, CO Administrative Services Director,January 1997 -- Present Responsible for managing Human Resources, Municipal Court, Public Information and Support Services (City Clerk). In addition, responsible for the City strategic planning process, organizational development and organizational effectiveness. Administrative Services has 31 Fi'E's and an annual budget of $3.5 million. Accomplishments: • Revising the personnel code and internal directives to align with City Mission/Philosophy; • Implemented new performance appraisal program; • Developed a three year organizational development blueprint; • Lead an employee team in the development of the City's supervisory training program; • Conducted benchmarking study of Public Information Office and Municipal Court; • Enhanced mailroom service levels at reduced costs; • Streamlined liquor licensing process/eliminated unnecessary permits in City Clerk; • Implemented changes to speed up the recruitment process; • Developed a department automation plan; • Significantly enhanced the City web page including online job applications; and • Implemented a volunteer program. Budget and Organizational Development Manager,June 1995 to December 1996 Responsible for implementing and coordinating the City strategic planning process, organizational development, performance measurement/analysis, internal performance auditing, operational analysis, City-wide budget, and significant policy, organizational and community projects. Provided supervision for three professional staff. Accomplishments: • Coordinated the updating of City's strategic plan and developed the 1996 implementation plan; • Created a comprehensive communication plan adopted by City Council; • Proposed a Vision-driven organizational model adopted by City Council; • Developed a long-term competitiveness strategy; • Planned and Implemented the City's long-term organizational development program; • Developed a performance measurement report for City Council called the "Balanced Scorecard"; • Conducted various management studies including Engineering/Construction Management, Mailroom. Employee Services; and • Coordinated capital improvement planning aspect of the Comprehensive Plan update. Mike Freeman 604 East 130th Way Thornton,CO 80241 (303)451-6098 Senior Policy Analyst, February 1994 -- May 1995 Responsible for the planning, coordination and implementation of major policy, community and organizational projects. Additional responsibility included management of the City's annual budget. Provided supervision for three professional staff. Accomplishments: • Integrated the City's strategic planning process with department operations; • Conducted various management studies including Building Inspection and Meter Reading; • Represented the City on outside boards and commissions; • Coordinated the realignment of a major arterial adjacent to neighborhoods (cost $2 million); • Worked with two HOA's to plan the City's first nature park($1.8 million); and • Developed and implemented a coordinated community relations program. Assistant to the City Manager, November 1992--January 1994 Responsible for the development, execution and monitoring of the City's annual budget. Provided supervision for three professional staff. Accomplishments: • Created the City's five year operating plan; • Implemented the privatization of Fleet Maintenance and emergency dispatch and fire service consolidation; • Developed the City's performance measurement program; • Provided budgetary oversight for the construction of the City's golf course and new recreation center; • Coordinated the City's legislative(state and federal) and Cable TV programs; and • Developed and coordinated the City's bi-annual citizen survey and focus groups. Special Projects Manager, May 1992 -- October 1992 • Implemented a$1.8 million automated trash and recycling program(12,500 customers). Administrative Assistant, May 1991 -- April 1992 • Performed a variety of administrative tasks. Public Technology. Inc. (PTI) Washington, DC Consultant,October 1990-- April 1991 Developed and marketed Local Exchange, PTI's on-line national communications system. International City/County Management Association (ICMA), Washington, DC Assistant Director, FutureVisions Consortium, February 1989--September 1990 Coordinated the FutureVisions program, a two-year study on the future of local government. COMPUTER SKILLS Extensive computer skills. PROFESSIONAL ASSOCIATIONS / OTHER Innovation Groups Operations Committee Member Full Member, International City Management Association Colorado City and County Management Association American Society for Quality Control VIM3 business,arts,university and social service ' .x communities t, { Personally value the small town environ- ment and diversity that Ashland offers. ? y HE COMPENSATION—The Council is >' T committed to finding and securing the best possible candidate for City Adminis- trator.The compensation package will there- fore depend upon the qualifications of the candidate to whom an offer is extended.The City offers a generous group of benefits,a num- ber of which can be negotiated as part of the total compensation package.(The previous City Administrator's base salary range was $7,467-$8,397 monthly.) HE PROCESS—If you are interested in The Plaza in doruntoum Ashland this outstanding opportunity,Please sub- mit a detailed resume,including cur- Have the skills to collaborate productively tional ethic of shared accountability; rent salary and the names and phone numbers with Ashland's wide diversity f citizens and of five work-related references to: ty — having and encouraging in others an Mike Casey institutions by: ability to accept risks in order to find David M.Griffith&Associates,Ud. — Creating an atmosphere of respect and optimal solutions and provide excep- 630 Dundee Road,Suite 200 open-minded reception of divergent tional service to Ashland's citizens; Northbrook,Illinois 60062 viewpoints; — leading city staff in effective,committed Apply immediately. — Creatively using that divergence to ana- and timely implementation of Council lyze challenges and altemative ap- decisions once they have been reached;- Resumes will be screened and the most quali- fied candidates will be invited to preliminary proaches to meeting them; — displaying high levels of energy and interviews with DMG.Once a mutual interest in enthusiasm for the City's service and — Facilitating discussion so that stakehold- the position has been established,references ers can be confident that their input has accomplishments in a manner that trans- P will be contacted.From six to eight candidates been fain considered;and mils those feelings to staff,Council and y others with whom he/she interacts;and will be recommended as finalists.All candi- - Seeking and articulating possible out- — setting and following strict standards of dates will be notified of their status once the comes that would meet as many of the professional ethics and integrity. finalists have been selected varied interests as possible. P g ty • Understand the value of an organizational Should you have any questions,please contact Advance and personally demonstrate the vision and help the Council adapt its vision Mike Casey at 847-564-9270 or elements of organizational excellence by: to changing circumstances,articulate it to mcasey @dmgriffith.com. — delegating significant responsibility to citizens and stakeholders,and actualize it staff within the context of Council's in practical goals and objectives. goals and objectives,providing broad dis- Be a leader among peers in the community, cretion to department directors and staff continuing the fine working relationship to manage operations; with the various sectors that contribute to — building staff teams and an organiza- Ashland's high quality of life,especially the David M.GrHf &naadates.Ltd. new residents is sustained over the long- term future. • Regional ParA*ahbn and Repre- sentalton. Meeting the challenges of sus- tainability and growth management re- quires strong cooperation with other local governments in the Rogue Valley.Maintain- ing respectful relationships and clear com- munication with public officials outside the City will be essential to that cooperation. • Deregulation in the Electric Industry.Ash- land's electric utility is an extremely valu- able asset,providing competitive rates and generating funds which support almost one-third of General Fund activities.With the changing environment in the industry itself,adapting to those changes and the associated opportunities will be vitally View of Grizzly Peak important to the community. Candidates for the position should have at least • Divestment of the municipally owned hospi- use of natural resources.The commitment a bachelor's degree in public administration tal to a private non-profit corporation; to prudent,well-planned land use dates with a minimum of ten years of administrative • Acquisition of Mt Ashland Ski Resort; back to the 1970's,when Oregon created management experience,including previous • Acquisition of an ambulance service; the first comprehensive land use planning experience as a chief administrative officer or a • Voter-approved Open Space Program and system in the nation.Within that frame- master's degree in a relevant field with a mini- funding; work Ashland has achieved an effective bal- mum of five years experience in a responsible Recycling t and city-wide programs, ance between protecting the city's scenic municipal government position.The successful • co9 g� h P grams; candidate will: • Voter-approved air quality program; and environmental resources and condnu- • Subsidized public transportation system; ing to welcome new citizens and busi- • Have a demonstrated ability to manage and new.The new City Administrator will be provide leadership to an organization of • Water Conservation program; to have a respect for and sensitiv- Ashland's size and complexity. • Wastewater Treatment Plant upgrade; ity to environmental issues,particularly as • Have a demonstrated ability to manage pm- • Wetlands project; they are impacted by City activities. dentiy the fiscal affairs of the city by: • City funding of extracurricular school Yya Ashland is also among he activities; � �' g — Assuring that all fiduciary rmpoirsibili- forefront in communities which have made ties are met; • Negotiation of power rates with BPA;and a commitment to providing alternative _ Overseeing the financial planning proc- • Forest Management Plan modes of transportation for its citizens and t�Po ets and all routine financial activities; Key issues that remain to be addressed on an visitors,and it will continue its practice of and ongoing basis include: integrating this commitment into city pro- — Organizing and implementing,in coo p - lects• eration with the City Director of Finance, • Managing growth and its challenge to Sustainabdity.Ashland is committed to an annual budget process that reflects the environment.Oregon and Ashland improving the management of all other the City's short-and long-term goals and have a national reputation for their con- resources impacted by growth so that its is clearly understandable to all inter- cem for the environmentally responsible quality of life and ability to accommodate ested citizens. plus 8.38 inches of snow,which is similar to in- the public.By every measure,Ashland enjoys a by 15 advisory boards and commissions whose land portions of Norther California.Although high level of citizen interest and participation. members are appointed by the Mayor with con- the weather is fairly mild,Ashland does have Attendance at City Council,Planning Commis- firmation by the City Council.The City also has four distinct seasons.The average high tem- sion and Budget Committee meetings tends to a five-member elected Parks and Recreation perature in July is 87,with a low of 52.The be high and many more residents follow these Commission. average high in January is 45,with a low of 30. proceedings with some regularity on cable tele- The Mayor,with confirmation by the City Coun- Ashland is a diverse community with a unique vision.Public testimony on many issues,par- cil,appoints the City Administrator,City Attorney ocularly those related to land use and growth and all department directors.Department direc- mix ofsmalltown values combined with a wide deP OeP range of cultural opportunities usually found management tends to be extensive and rela- for appointments are made after a recommenda- mnmu- 6 vely sophisticated.Citizens expect a strong only in major cosmopolitan cities.The co voice in the formulation of city policy, don by the City Administrator to the Mayor. nity was recently selected as one of 50"most ty cy' livable cities in the United States." given the diversity of citizen viewpoints,poses an ongoing challenge to the City's elected offi- cials HE POSITION—The City Administra- cials and staff.Genuine,consistent considera- for is responsible for the day-today �• don of public input is a shared value of the Tmanagement of all City operations with City's elected leadership. the exception of the Parks Department and the Surrounded by the Hospital.He or she will be expected to commu- The City also enjoys an extraordinary level of nicate steadily with the Mayor on all emerging majestic Cascade and volunteer citizen participation.At any given matters of importance and to report formally time approximately 1%of the population is on key activities to the Mayor and Council on a SUiyou mountain serving on one of the City's fifteen boards and regularly scheduled basis.Full City Council ranges, Ashland is one of commission,and qualified individuals are meetings are normally held on the first and always available to serve in advisory capacities third Tuesday evenings of each month.Council- America's most livable as new. ors attend a variety of other formal and infor- mal meetings,a minority of which will call for the Administrator's attendance. THE CITY ORGANIZATION—The city + of Ashland was incorporated in 1874 The Administrator meets on a regular basis and operates under its own charter and with City department heads and oversees and HE COMMUNITY—The residents of applicable state laws.It provides a full range of coordinates their activities. municipal services,including police and fire Ashland represent a wide range of inter- Brian Almquist,the current City Administrator, protection,parks and recreation activities, ests and backgrounds,From third and is rearing.He is the senior municipal manager fourth-generation Ashlanders,to the academic streets,airport,planning,zoning,senior pro- in Oregon,having served in the position since community surrounding the university,to the grans and general administrative services.In 1970.He has served as a Regional Vice Presi- significant percentage who have been drawn in addition,the City provides ambulance services dent for ICMA and was honored recently by the recent years by the town's atmosphere,scenery for a 650 square mile area The City also oper- League of Oregon Cities for continued excel- and cultural values.White election results show aces the water,wastewater and electrical utility lence in public service,the highest award the Ashland to be the most politically progressive systems.The annual budget for FT97 is League bestows on a municipal employee. community in Souther Oregon,the diversity approximately$65 million,and the full-time of views expressed on values-centered issues is staff numbers 182. Projects and accomplishments with which the strikingly broad. City Administrator,Mayor and City Council has Ashland is governed by a Mayor who is directly been involved over the past eight years include: The community's shared values include a elected for a four-year term and a six-member strong belief in the importance of public educa- City Council whose members are elected at- tion and an expectation that the workings of large to four-year overlapping terms.All elec- Another opportunity K government will remain open and accessible to bons are non-partisan.The Council is assisted presented exclusively try: ro THE CITY OF ASHLAND, OREGON INVITES YOUR INTEREST IN THE POSITION OF CITY ADMINISTRATOR . . . . . . . a . . . . . . . . . a . T HE TOWN OF ASHLAND—Ashland is located have been in the final state football champion- in the picturesque Rogue Valley of southern ship game(4A)four out of the last six years. Oregon,15 miles north of the California bor- der.It is one of America's most livable small towns, Ashland Community Hospital is one of the surrounded by the majestic Cascade and Siskiyou northwest's most respected and highly rated small hospitals.[n)uly of 1996,ACH converted Mountain ranges.Ashland's current population is 18,360 and has grown at a rate of about 1%per year from a municipal to private non-profit status. for the last ten years.Its economic base is primarily Its governing Board is appointed by the Mayor dependent on tourism and higher education,with a with City Council confirmation. small manufacturing sector based upon high tech- Ashland features numerous restaurants,Bed& nology and wood products.Ashland is perhaps best Breakfast establishments,small theaters and known as the home of the internationally famous perfommng spaces,boutiques and gift shops, Oregon Shakespeare Festival,although there are ten bookstores and art galleries.The Schneider Art other community theater groups performing a variety museum,located on the SOU campus,puts on of productions.The Shakespeare Festival runs from contemporary art exhibits from around the mid-February through October and sold over 350,000 country.The world's only forensic laboratory tickets this last year;bringing vast numbers of tourists for wildlife species(U.S.Fish&Game)also to the community enhances Ashland. Southern Oregon University(SOU),established in Southern Oregon is noted for its many recrea- 1926,is the only general education university in the tional opportunities.Within an hour's drive of southern third of the state.R has approximately Ashland,you will find many rivers,lakes and 4,500 undergraduate and graduate students.Ashland mountains.The Mt.Ashland Ski Resort,located has an outstanding public school system,which has just south of town,is owned by the City of Ash- historically benefited from consistently high levels of community support Ashland High School students land and operated a non-profit board.It have among the highest SAT scores in the state,con- offers day and night t downhill skiing with four tinue to capture state debate championships,and chair lifts.The ski season generally runs from Thanksgiving through April. C� Despite Oregon's reputation for rain,Ashland David M.Griffith&Aa mutes,Ltd. receives an average of only 19 inches per year CITY OF ASHLAND a•{�F�' y , Administration e Office of the City AdminbiVator = ' MEMORANDUM DATE: March 13, 1998 TO: Honorable Mayor and City Council FROM: Greg Scoles, Interim City Administrat RE: Airport Property Status At the executive session held on March 3, 1998, the Council asked staff to contact the FAA to determine the feasibility of having the 5-6 acres north of the airport removed from the Airport Master Plan and used for other purposes. Since that meeting we have contacted the FAA but have not received a response. In addition, the Airport Commission met on March 4, 1998 (see attached "draft° minutes), and discussed the same issue. There was a motion made to support the Council's request but it failed for a lack of second. No action was taken by the Commission. Allen Sandler, who had made the original request to purchase the property, has notified this office that he no longer is interested in acquiring the property in question. When we get a response to the original request from the FAA we will advise the Council. Attachments: Draft minutes of Airport Commission 3/4/98 eb�o�a�,3 '' ASHLAND AIRPORT COMMISSION y March 4th, 1998 AT THE COUNCIL CHAMBERS l 1755 East Main Street MINUTES MEMBERS PRESENT: Chairman Paul Mace; Jennifer Hall; Donald Fitch; Lillian Insley; Bill Skillman; Councilor Alan DeBoer; Ken Ehlers; Marty Jacobson. Staff Present: Public Works Director Paula Brown and Caralyn Dusenberry. I. CALL TO ORDER: 12:00 Noon Meeting was called to order at 12:01.p.m. A. Public Forum: Request for additional agenda items II. APPROVAL OF MINUTES: Wednesday, February 4th, 1998 Skillman stated the discussion about price of property for sale states him as saying commercial property in Ashland is sold for $40-60 thousand dollars per acre and he believes he said "it is sold for $60-100 thousand dollars per acre." Chairman Mace stated the minutes were approved as corrected. III. OLD BUSINESS: A. Pending Projects: —Beamis/Sandler: See Staff Report. Questions: 1) Do you wish to make a recommendation to Planning Department for their action? 2) Is this within plans for 22 acre parcel? 3) Sale or lease of land? DeBoer stated the City Council had an Executive Session at their meeting the previous night. All the land north of the Airport (5-6 acres) could be partitioned into three productive lots. What the City Council would like to do is order an appraisal after discussing the options with the FAA. City Council would like to research removing that section of land from the Airport Master Plan. The FAA will advise the City on how they can utilize the acquired funds. The City plans to render funds received from the sale to the Airport. The land is not applicable for airplane usage. DeBoer asked Brown to check the Airport Master Plan maps because there are three alternatives for usage referenced. Discussions were held on the different maps/alternatives and on the aviation and non-aviation applications for this location. The advantage to selling the land would be to provide the City funds for constructing the sewer line, which is projected to cost $180-200 thousand dollars. (G:airp\minutes\mar99.m1n) Pagel Discussion was held on Alternative Plans 'A' and 'B'. Alsing stated the City signed an agreement saying they would not sell the land for 20 years. The two reasons for buying the land was for the allowance of hangar expansion and the other was to create a noise buffer. He stated there are fewer Airports today than there were yesterday. The buffer was created to control the number of complaints initiated by the noise. He urged the Commission to have a public hearing and receive input from pilots, etc. DeBoer stated the real decision is whether the Commission wants to remove the six acres from the Airport Master Plan and then make the determination as to whether the property should be sold, developed, made a buffer zone, etc. Hall stated she thinks other possible options should be looked into in reference to Airport related businesses. Discussion was held on placing sewer before the land could be developed. Discussion was held on helicopter services on the north side of the road. Hall stated she would also like feedback from the Airport users on functions for the land. Discussion was held on revenue producing land. Sandler asked if the Commission would be willing to lease the land. DeBoer stated he would support a lease. Discussion was held on leasing the land and changing the Airport Master Plan. After discussion Mace asked for a consensus. Hall stated she would like to see it as a buffer zone because she thinks that is a good idea; Mace stated leasing the property would require removing it from the Airport Master Plan. Skillman stated he thinks it is more amenable to a lease than a sale and it would have to be for aviation purposes. Ehlers stated that the entire hold-up for development of the Airport is lack of sewer line and more development requires a sewer line. He is in favor of a lease. Jacobson stated the lease would be fine but does not feel, because he is in the same business, that he should not have a say. He does not have an objection to Oak Street Tank and Steel because it would actually help his business if it were located at the Airport. His challenge concerns the limiting to aviation related businesses and this is his only concern. Fitch stated the lease or purpose does not make any difference to him. The development looks positive. If the building were to be for industrialization, he prefers an aviation related business influence. If building is going to be developmental, he prefers a keystone approach. Skillman stated he wants to see aviation businesses and thinks it is indeed a stretch that Oak Street Tank and Steel be considered aviation related. Keystone he places this under a precedence and selling means no longer control. His constituents have all agreed the land should not be sold or leased and that anything placed there must be aviation related. Audience asked Skillman to explain why he felt Oak Street Steel & Tank is not considered aviation related. He stated the aviation related business is a stretch. Staff, stated Mace, will find out the definition of aviation related business and availability of grant money. After discussion Mace asked if the Commission would be in favor of addressing a lease proposal for this land. Ehler moved that the Commission hear a lease proposal from Sandler. Jacobson seconded motion. Motion approved. Ehler asked how we resolve the "aviation related" issue. After the proposal is submitted the Staff will determine if it is aviation related. Skillman asked if Oak Street Tank and Steel has manufactured aviation fuel tanks. Mike Morris stated he does not know the percentage of tanks they have manufactured for aviation fuel. Alsing stated that changing part of the Master Plan requires approval by the State Aeronautics Division. (G:airpWinutes\mar98.min) Page 2 1 DeBoer asked for a recommendation to remove six acres from the Airport Master Plan and to direct staff to pursue feasibility of moving area north of the road from the Airport Master Plan, the land Sandler is interested in leasing. Discussion was held on this issue. FAA will allow the City to buy the land back at 80% of the appraisal price. The scenario: Appraise the land; take it out of the master plan; and sell land. Ehler moved that an appraisal be made of the property. Mace stated that hearing no second the motion died. Brown stated a grant has been applied for through SOREDI to construct sewer at the Airport. Discussion was held on possible cost of sewer being approximately $175,000. —T-Hangar Development: Next Steps- Staff Report Brown stated there are no plans available. She will report next month. B. Maintenance Issues: Staff --Fuel Tanks: The City has a signed contract with Bergeson-Boese & ssociates to begin the fuel tank project (see information in packet). There will be a nitial meeting on March 5th to discuss specific concerns. Meeting will be held in the Public Works Co erence Room and Mace was invited to attend. DeBoer will try to attend. —Tree Trimming: We have targeted mmvng for March 15th Brown stated March 15th is the d e set for the tree trimming. The Engineering staff is working in the field getting pre red for the photogrametry. —Spring Weed Control Pro ram To help keep costs dow we will negotiate with the Parks Department. —Drainage East En of T-hangars - Staff Nothing new on is item. IV. NEW BUSINESS: A. Ai orts Su e : Mace This will a removed from the agenda. B. Lois S fer letter and Mayor Golden Response 02/11/98 Do y u want to respond? (Information in packet.) H el stated he has guys that like to work on cars and they are "parts cars". The pr lem is they were going to place the cars in the back and someone turned him into th County because he did not have a flood plain permit. He cannot go onto the property until the County approves. Skillman stated the cars have nothing to do with the Airport. (G:airpXm1nutes4nar98.min) Page 3 / C,