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HomeMy WebLinkAbout2003-1118 Council Mtg Packet CITY OF - kSHLAND Council Meeting Pkt. BARBARA CHRISTENSEN CITY RECORDER council meetings may speak on any item on the agenda, unless it any form located near the entrance to the ~ inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 18, 2003 - 7:00 p.m. Civic Center Council Chambers, 1175 E. Main Street II. III. IV. PLEDGE OF ALLEGIANCE: ROLL CALL: APPROVAL OF MINUTES: Regular Council Meeting Minutes of November 4 and Study Session Minutes of November 5. SPECIAL PRESENTATIONS & AWARDS: 1. Presentation of donation to the Ashland Fiber Network by the Cow Creek Tribe. 2. Announcement of Tree of the Year. 3. Introduction of General Manager for Rogue Valley Transportation District. V. CONSENT AGENDA: 1. Minutes of Boards, Commissions and Committees. 2. Confirmation of Mayor's appointment of Diane E. White to the Forest Lands Commission for a term to expire April 30, 2004. 3. Confirmation of Mayor's appointment of Jack Christman to the Bicycle & Pedestrian Commission for a term to expire April 30, 2005. 4. Confirmation of Mayor's appointment of Keith Swink to the Historic Commission for a ~5~, term to expire April 30, 2004. Termination of power line easement located at 997 Oneida Circle. VI. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker, unless it is the subject ora Land Use Appeal. All hearings must conclude by 9:30 p.m. or be continued to a subsequent meeting.) 1. Public Hearing regarding Appeal of PLanning Action 2003-105 (A request for a Conditional Use Permit to allow the existing 6,858 sq. ft. interior of the National Guard Armory facility, located at 1420 East Main Street, to be used for a variety of events, including trade shows, flea markets, community events, and private parties between the hours of 8:00 a.m. and midnight). Applicant: Oregon Military Department VII, PUBLIC FORUM: Business from the audience no~t included on the agenda. (Total time allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number of individuals wishing to speak.) COl }N£'IL MEETINGS ARE BR()AI)CAST I ,IVE ON CtlANN[,;I, 9 VIStT TIlE CITY OF ASllIANI)'S WP;B SITE AT WWW.ASI [I~AND,()R.US UNFINISHED BUSINESS: (None) VIII. IX. Xo XI. NEW AND MISCELLANEOUS BUSINESS: 1. Quarterly Financial Report: July - September, 2003. 2. Council Authorization to dispose of surplus property valued in excess of $10,000. ,~ Charter Cable Television Franchise Renewal. ORDINANCES, RESOLUTIONS AND~TS: ,~ Second reading by title only of "~ending Ashland Municipal Code Section 2.04.040 by Revising Rul~s of the City Council with respect to Public ,/,~Hearings and First Read~:)~j-ef-a,qJD~l. iinance Pertaining to the Public Hearing." Reading by title only of~A Res.,~ S~etting the Time and Place for a Public Hearing on the Withdrawal of C~ Real Property from Jackson County Fire District No. 5, and Directing Publication of Notice as Required by ORS 222.524 (Russ Dale Annexation, 250 Clay Street)." OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS: XII. ADJOURNMENT: REMINDER A Joint Study Session with the City Council and Planning Commission will be held at 7:00 p.m. on Tuesday, November 25 in Council Chambers. Topics of discussion will include: 1 ) Hearings Officer for appeals. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). CO IJNCII. MEET INGSARI, B R()AI)CASTIIVF~ONCIIANN[¢I, 9 F~ ¥IS11 I}tE(,ITSr Ot ASIILANI)S ~hB Sill: Al '~¥~3,¢;.ASIII~ANI).OIx.[ S MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 4, 2003 - 7:00 p.m. Civic Center Council Chambers, 1175 E. Main Street CALL TO ORDER Mayor DeBoer called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Laws, Amarotico, Hartzell, Jackson, Morrison and Heam were present. APPROVAL OF MINUTES ~Ihe minutes of the Regular Council Meeting of October 21, and Executive Session Minutes of October 21 were approved as presented. SPECIAL PRESENTATIONS & AWARDS Mayor's Proclamation of November 8 - 15, 2003 as "Recycling Awareness Week" was read aloud by Councilor Jackson. CONSENT AGENDA 1. Minutes of Boards, Commissions and Committees. 2. Termination of a Public Utility Easement located in the Skycrest Hills Phase 1I Subdivision. Councilor Hartzell requested that item #2 be pulled for a question. Councilor Hartzell / Jackson m/s to approve Consent Agenda #1. Voice Vote: all AYES. Motion Passed. Councilor Hartzell asked if the City was moving to abandon this easement because there are no water rights that could flow through this water easement. Public Works Director Paula Brown stated the City does not use these pipelines anymore. Councilor Heam asked if these are active lines. Brown stated the water lines are empty. Councilor Hartzell / Morrison ntis to approve Consent Agenda item #2. Voice Vote: all AYES. Motion Passed. PUBLIC HEARINGS 1. Public Hearing on the Modification of the 1995, 1999, 2000, 2001, 2002, and 2003 Annual Community Development Block Grant (CDBG) Action Plans for reallocation of unexpended CDBG funds. Assistant Planner Brandon Goldman explained this is for the reallocation of past action plans for Community Development Block Grants. On September 10th, the Housing Commission reviewed the proposal to take all previously unexpended funds, and roll them into the 2004 RFP process to receive proposals for an aflbrdable housing project. Goldman noted the 2001 activity shown on the attached chart was for the acquisition of property by the ACLT, which is still being proposed for acquisition of the Hersey Street sites. Additionally, RVCDC received awards in 2002 & 2003 and the City Council has previously decided to allow RVCDC to retain those funds for the acquisition of the Siskiyou property. The remainder of the funds, namely accessibility projects and previously owned program funds, would be rolled into the 2004 award. Ultimately, this would address the concerns regarding Ashland's expenditure of funds. By pulling these funds into this years allocation, the City should be able to expend an appropriate amount of money to fall underneath the 1.5x the cap on their yearly A.SJIL,'tND CITY CO~W(TL MEElYNG P,tGI:' I OF 9 NO!/EMBER 4. 2003 allocation, and avoid any sanctions by HUD. Staffrccommends approval of the modification of the prior years CDBG Action Plans in accordance with Table l. Public Hearing Open: 7:10 p.m. Public Hearing Closed: 7:10 p.m. Councilor Hartzell / Amarotico m/s to approve staff recommendation. Voice Vote: all AYES. Motion Passed. 2. Public Hearing on Grant Award for Community Development Block Grant (CDBG) Affordable Housing Project Proposal for Program 2004. Assistant Planner Brandon Goldman explained for the program year 2004, the City anticipates receiving a CDBG award in an amount similar to what was received last year, and have combined that with the funds identified reallocation through the modification of the past action plan. The cumulative total of approximately $285,000 is available tbr the selected sub-recipients for use in developing affordable housing. Proposals have been received from ACLT and RVCDC. ACLT proposes to purchase an existing duplex at 264 Grant Street, and operate it as affordable housing. RVCDC's proposal involves the acquisition of the rear portion of the property located at 631 Clay Street for the development of 16 townhouse units to be developed in conjunction with the USDA Self-Help Program. The Housing Commission has reviewed both proposals and is recommending that the Council award the funds to the ACLT project on Grant Street. Staff supports the recommendation of the Housing Commission, but would like to set the conditions that both units address low income, as opposed to low-moderate income. Councilor Hartzell stated after reviewing the minutes from the Housing Commission, it was clear that there was a split vote, and asked what had tipped the scale towards ACLT. Goldman stated the readiness to proceed on the part of RVCDC, and the necessity to spend money in a timely manner played a part in their decision. Councilor Hartzell asked if it was a possibility to have a grant that would allow CDBG funds to go towards the land separately, and then finance the housing on top of the land over time. Goldman stated it was a possibility, but would raise the question as to whether ACLT could gain the financing for the housing units. The Housing Commission has also raised this question, and ACLT indicated that they might not be able to complete the project if they had a lesser subsidy than the amount they are requesting. Councilor Laws asked ifACLT had reached an agreement with the property owners. Goldman stated ACLT has indicated that they do have an option agreement to purchase the property. Goldman explained it is his understanding that the property was going to be sold on the open market, when the property owner approached ACLT and asked if they would be interested in purchasing the property. Jennifer Henderson/321 Clay Street/Representing ACLT/Stated this was a simple, basic deal. ACLT would be able to save two units, and keep them at a low rental rate, while protecting the CDBG funds. Merry Hart/200 Mt. Castle Drive, Eagle Point/Representing A CL T/ Stated they had prepared a proposed budget to calculate whether this property would be able to aftbrd a debt. Hart noted there are two different incomes coming into this property, and at this point the amount of income that is being received versus the expenses are not sufficient to be able to afford a debt. Ron Demele/165 Crocker/Representing Rogue Valley Comm unity Development Corporation/Summarized his project as an "impact project", explaining it would provide a lot of affordable housing at a reasonable cost to the city. The $285,000 would allow them to create 16 townhouses, 7 of which would be at the 50% area median income. Demele spoke regarding the unit subsidy, and also explained that if the owner of the townhouse decided to sell, the City would be paid back $10,000 per unit, which could re-finance future projects. If awarded, none of the funds would go to RVCDC; all of the money would go towards land acquisition. Demele stated they have a ~St]L,tND CJI')' (¥)~'~(7L MEI:'??N(? PtGE 2 OF 9 NO~%'MBER 4. 2003 willing seller, and have the ability to close 6 months to a year from now. l:te also explained that this project would be the second portion of the Self-Help program that RVCDC is doing, the first being the Siskiyou property. RVCDC has held public meetings for those interested in the Self-Help project, and 30 people have attended, the vast majority of which had families. Demele explained how this project could make a significant impact on thc City's desire to have families who work in Ashland, live in Ashland as well. Demele explained the only item that may cause a problem is that the zoning for this site is not correct to do this project, and would need to be re-zoned. However, they are fairly certain this zoning change would be granted. Councilor Heam asked when selecting the families for this project, docs the criteria include selecting families that work in Ashland? Demele explained they have to abide to the Fair Housing Criteria, but would encourage people in Ashland to participate. Councilor Hartzell asked if they could preference families? Demele explained they could target the scope of the project, for example very large families or a single individual might not be attracted to a three-bedroom townhouse. Councilor Hartzell asked what was the average time for the house to be built. Demele answered 8 months to a year. Councilor Amarotico asked what was the driving force behind the 20-year restriction? Demele explained the driving fome was to assist low-income families, and they do not want the owner to mm around and immediately sell the property for profit. After 20 years, the accrued equity (minus the $10,000) would belong to the property owner. Public Hearing Open: 7:48 p.m. Public Hearing Closed: 7:48 p.m. Councilor Hartzell asked Staff if they anticipated a problem with rezoning for the RVCDC project. Community Development Director John McLaughlin stated it would be dependent on the information provided and whether it is a beneficial design for the community. McLaughlin explained the previous application for re-zoning did not have a lot of neighbor concerns, so it is possible that the re-zoning would go through pretty smoothly, given the community values for affbrdable housing. Councilor Morrison noted the previous agenda item, which required the Council to modify the previous funds allocated and action plans, and asked which of the two proposals seemed to have the same conditions that caused these problems. McLaughlin stated the RVCDC proposal clearly has more steps that need to be taken, which takes time and there is uncertainty in each of the steps. The ACLT proposal has a willing seller and buyer, and is mom prepared to go without running into issues. Councilor Hartzell talked about the possibility of proceeding with both projects in conj unction with the allocation of the Strawberry Lane property assets. She also spoke about bringing this back to the council after they have had time to meet with both groups to work on a win-win situation for both. Goldman stated that they are up against a timeline, and the action plan needs to be prepared by November 15th. Otherwise, an extension would need to be requested, which would only add to the concerns of HUD. Councilor Jackson stated both are good projects, however they do need to make decisions, and would prefer to follow Staffs recommendations. ~.c, ttl,,'iN[~ CII') ('0! fNETL .'~IEE77NG P4GE 3 ()t:' 9 N()I'EMBER 4, 2003 Councilor Laws stated that under the circumstances, he would prefer to choose the proposal that is assured to go through. Mayor DeBoer stated they are walking a "fine line" with HUD, and does not want to have to ask them for an extension. He also expressed his support for the Housing Conunission vote and the Staffs recommendations. Councilor Morrison / Laws in/s to accept Housing Commission recommendation and award full amount to ACLT. DISCUSSION: Councilor Hartzell asked staffwhat RVCDC's timeframe was for securing the second round of the Self-Help program. Staff stated they do not know when that deadline is. Voice Vote: Laws, Amarotico, Jackson, Morrison and Hearn, YES; Hartzell, NO. Motion Passed. PUBLIC FORUM David Young/348 S. Modoc, MedJbrd/Young is the owner ofa 5 acre parcel at North Mountain and Nevada, and is proposing donating 2 1/2 acres to the City for the use of aftbrdable housing, as well as insure that the development would be done by a non-profit agency. Young explained the remainder of the acreage would remain under his ownership, and would be zoned as the City deemed appropriate. Iraj Ostovar/389 E. Hersey/Stated he was there to answer any questions the Council may have regarding the Young property. Daniel Raeff/no address/Stated he was saddened by the war in Iraq, and requested that the Council show opposition to the war and for the impeachment of President Bush. UNFINISHED BUSINESS 1. Status Report on 2003-2004 Council Goals and Suggested Timeline and process for 2004-2005 Goal Setting. City Administrator Gino Grimaldi stated this was the appropriate time for the Council to ask questions regarding the updates, and noted there has been a significant amount of activity by both the Council and City Staff that were not part of the goals. Councilor Mornson pointed out the need to hire a new Housing Program Specialist, and asked when that would be completed. Community Development Director John McLaughlin clarified the advertising for this position will start next week, and will be done on a much smaller scale than for the previous him. He also stated they have looked at the previous applicants, and will be calling some back for another interview along with the new applicants. Councilor Hartzell asked when the Riparian Ordinance would be developed. McLaughlin explained the inventory is the first step, but that they may be able to complete this prior to the timeline provided, and will know more after the November 20th meeting with the consultant. The Council decided on the 9th and 10th of January to work on goal setting. Councilor Hartzell asked why the activity for continued ef~[brts for aggressive water conservation practices had been crossed out. City Administrator Gino Gnmaldi stated these efforts are mainly targeted during the summer months and that the summer water season is over. Paula Brown clarified that it is only crossed out because they are doing it, and continuing to put effort towards the water conservation program. NEW AND MISCELLANEOUS BUSINESS 1. Ashland Housing Commission Request to allocate Strawberry Lane Property as an Asset of the Affordable Housing Trust Fund. Community Development Director John McLaughlin explained the Housing Commission has asked that the ,~NIIL,qND (77¥ ('O~ ,'v(TL MLET'ING P 4G£ 40l-' 9 NOI'EMII£R 4. 20t)3 Council move forward with the signing of the Strawberry Lane property as an asset of the Housing Trust Fund, and direct staffto see that this happens. Councilor Laws asked if Staff has talked about this idea, and asked if there are any needs that should be considered along with this proposal. City Administrator Gino Grimaldi stated they have not had a lengthy discussion, however they are dealing with a one time source of money, and would want to avoid using this for ongoing programs. He also stated it is appropriate to use this for a one time expenditure, such as the Housing Program. Mayor DeBoer explained that the prior City Administrator, Brian Almquist purchased a large piece of land at the top of Strawberry Lane to install a water storage tank as part of the City's water delivery system. Included in this purchase was some land that he felt could be sold at a later date. They have since completed the installation of curbs and gutters at the Strawberry and Westwood intersection. There are now 3 or 4 highly desirable lots that could be worth $300,000 or $400,000 per lot that the City has clear title to. The discussion is now where the proceeds from this land would go. DeBoer suggested that some of the funds go towards removing the Grove, which would put the funds back into the CDBG process they just completed. He also suggested not to commit themselves to a project until the property has been sold. Councilor Jackson stated she supported the idea of using the funds as seed money for the Affordable Housing Trust. Councilor Hartzell asked how many parcels are they dealing with, 3 or 4, and questioned the urgency. McLaughlin explained that 4 parcels would require a sub-division, and a more lengthy process; while 3 parcels could be done rather quickly as a partition. McLaughlin further clarified there are 4 potential lots on the land. Mayor DeBoer stated he would prefer to sell two lots, wait a year, and then sell the other two lots. Councilor Hearu advocated allowing other stake holders to come forward and make a proposal for the use of the funds. Hearn also stated that if they went through the sub-division process and maximized the number of lots to four, it would take longer, but it would also maximize the profit. Councilor Laws suggested putting ali of the funds into "one pot", stating it was enough money to do something with when its all together, but might not be if it starts to get divided up for different projects. Laws also asked Staff how long the sub-division would take. McLaughlin responded 3 to 4 months, however they may run into problems and have to do a two step process of partihons in order to create the four lots. Laws further commented that he feels that the housing "bubble" is going to burst, and there is a good chance that the housing prices will level off or go lower, and supports moving quickly on this matter. Eric Navickas/71l Faith/Stated he does not support selling the Strawberry Lane property or allowing high income development, but rather supports open space. Navickas proposes contributing the city owned land to the Ashland Land Trust or to RVCDC as a better way produce affordable housing. Rich Rohde/124 Ohio/Stated he strongly supports the dedication of the Strawberry Lane property to the Affordable Housing Trust Fund. Rohde explained that obtaining a dedicated source of revenue for the Trust Fund is key to obtaining affordable housing in our community. Jennifer Henderson/321 Clay/Stated she supports dedicating the Strawberry Lane property to the Afibrdable Housing Trust Fund. Henderson does not feel that the lots would be suitable for low-income, affordable housing as Navickas suggested. She also expressed this is an opportunity to allocate funds to affordable housing and to give the City the chance to be available to reach out towards matching grants that are available. ,~StlL,4ND CITY COl N(TL MEET?N(7 P,tGE 5 01:9 NOVEMBER 4. 2003 Councilor Hartzell / Morrison m/s to request that Staff assess the options of the scenarios and include a timeline in order to understand the trade-offs. DISCUSSION: Councilor Hearn stated this is a good time to move forward now that the LID has been completed. Councilor Laws expressed his concern that they leave the option to use the funds for the Grove open. Councilor Jackson / Amarotico m/s to amend the motion to dedicate the proceeds from the lands for affordable housing, including the option for using it as CDBG funding. DISCUSSION: Councilor Hearn expressed his concern over stifling public opinion, and does not see the benefit of dedicating the funds right now instead of waiting 4 or 5 months until the partitions are completed. Councilor Jackson stated passing this now would portray the Council's commitment to getting the Housing Action Plan implemented. Councilor Morrison stated this was two issues, and thinks that they should be handled separately. Morrison explained he is very open to the possibility of using this funding fbr affordable housing, but feels it is premature to dedicate the funds at this time. Voice Vote: Laws, Amarotico, Hartzell, Jackson and Hearn, YES; Morrison, NO. Motion passed. Vote on original motion: all AYES. Motion passed. 2. Request from Allan Frank Sandier to Purchase Air Space above Hargadine Parking Structure for 20- unit Affordable Housing Project. Community Development Director John McLaughlin explained that the Hargadine Parking Structure was constructed in a way that allowed for future development of additional levels to be added. McLaughlin also noted that the Housing Action Plan has a policy that the City should consider looking at its parking lots as opportunities for affordable housing. Since the parking structure has been completed, RVCDC has had some preliminary ideas for housing on top of the structure, and now the Council has received a formal request fi.om Mr. Sandler. Mr. Sandler is requesting to purchase the air space above the parking structure for the development of 20 affordable housing units, utilizing tax credits as a way to finance. Mr. Sandler is also proposing that a deed restriction be placed on the property guaranteeing the units remain affordable for 60 years. McLaughlin stated that this proposal is in the very preliminary stages and Staff is seeking direction as to how to proceed. Staffhas put forward 5 options for the Council to consider: 1) proceed with exclusive negotiations with Mr. Sandler 2) prepare a Request for Proposals to allow other developers to submit ideas 3) refer the request to the Housing Conunission 4) evaluate all of the City parking lots, not just Hargadine 5) maintain the parking structure as is, and not entertain any requests from developers. Councilor Hearn asked if this would conflict with the Big Box ordinance. McLaughlin responded, No. Under the ordinance, the parking structure is allowed an additional 15,000 sq. ft. Mayor DeBoer noted that the City has an agreement with OSF. McLaughlin clarified that OSF has the right to submit a proposal for equal consideration, within six months of being informed of a potential development over the parking structure. Allen Sandier~1260 Prospect/Explained that his aftbrdable housing would be for individuals with 60% median income, for all 20 units. Sandler stated it was imperative that the City maintains the diversity that has made it so great, noting the need to keep the younger citizens in Ashland in order to balance the influx of older retired persons. Sandler stated that this would not infringe on the big box ordinance, and stated he will be working with Debra Price of the Oregon Housing and Community Services in Southern Oregon, who is very excited about his opportunity. Sandier explained the deal points for the Council: 1) he would purchase the air space over the parking area based upon an appraised value for its intended use ;x, OI'I:'MBER 4. 20(i3 2) the property would be deed restricted for 60 years for the intcnded use, and be recorded in the official records 3) the primary use and administration would be governed by the roles as stipulated by the State and Federal guidelines relating to aftbrdable housing. Sandier suggests turning this request over to the Housing Commission and the City Staffto continue to work with him. He would then come back to the Council with all of the input to finalize the agreement, and follow the standard process with the Planning Dept. and Commission. Councilor Hartzell asked if he would be interested in leasing thc air space instead of purchasing. Sandler stated he would be open to that discussion, but feels that it probably wouldn't work that well and would be too complicated. Councilor Jackson asked if he has had any experience with an air right purchase. Sandler stated his attorneys have had experience with these types of issues. Eric Navickas/711 Faith Avenue/Feels that this property should be donated to the ACLT or the RVCDC. lie finds it difficult to image housing being built on top of a parking garage, but if they did move forward suggested making more studio apartments. Navickas also noted that gable roofs, as shown in the drawings, are prohibited in the detail site review standards for the downtown area. Navickas suggested moving towards a more urban type design with a large courtyard, and move away from the domestic type housing units. Mr. Sandler stated they did have one studio apartment in their plan, and relayed the square footage for the other rentals, stating you really wouldn't want to live in anything much smaller. He also noted that they do have courtyards and open areas in their plan. Councilor Hartzell voiced her appreciation for this type of project, and recommended that the Council considers a number of factors, including: consideration of assets that would trigger OSF's participation, maximum square footage, parking spaces for the tenants, energy consumption, leasing vs. selling, perpetuity, and the number of units. Councilor Amarotico stated he supported this type of project, but questioned why the City wouldn't do this project itself. Gino Grimaldi, City Administrator, stated it was a matter of money. Mayor DeBoer stated he was concerned with what would happen after the 60 years was up. Councilor Mornson stated he was not prepared to say no tonight, but he did want to have further discussions on this proposal. Councilor Jackson stated it was a nice proposal, but supports further exploration. Jackson explained she is not sure the questions that are being asked are questions that the Housing Commission would be able to answer, and feels the legal issues would need to be explored. Councilor Laws stated he likes the idea of putting out RFPs and asking anyone who in interested to participate. Laws also stated that he would not want to sell any of the City's property without going through a competitive process. Councilor Hartzell / Morrison m/s to direct staff to work with the Housing Commission to define alternatives for processes and standards, and policy related decisions for developing parking lots downtown for affordable housing. Councilor Amarotico/Hartzell motion to extend meeting to 10:30 p.m. Voice Vote: all AYES. Motion Passed. ASI;L,4NI} ('II'} COI /N(TL MEEITNG P,I(;F 7 Ob' 9 NOIWMBER 4. 20f~3 DISCUSSION: Councilor Laws stated he feels the Council is making this much more complicated that it is. They have ordinances, guidelines, and standards for the downtown housing, and does not see how housing over a garage is any diflierent than housing over any other downtown building. Laws stated he would like to see Staffmake suggestions to the Housing Commission, and then have it come back to the Council. Councilor Jackson stated what they are lacking are guidelines for how to proceed with this type of use of public space. Mayor DeBoer stated he had a lot of questions, but supports moving forward with Sandler's proposal. Councilor Hearn stated that his preference would be to go along with Option 3. Voice Vote: Hartzell, Morrison, YES; Laws, Amarotico, Jackson and Hearn, NO. Motion failed 2-4. Councilor Hearn / Amarotico riffs to approve Option 3: Refer the request of Mr. Sandier to the Housing Commission with specific direction form the Council, and request that the Housing Commission provide a recommendation on Mr. Sandler's request, or perhaps recommendation on the potential RFP process. Voice Vote: all AYES. Motion Passed. 3. Adoption of an Anti-Displacement and Relocation Assistance Plan. Assistant City Planner Brandon Goldman explained the adoption of an anti-displacement and relocation plan is two-fold. One part is the anti-displacement. If the affbrdable housing unit is demolished or converted into non- aftbrdable with the use of CDBG funds, the City is responsible to indicate where the replacement aflbrdable housing unit will be. The second component has to do with the relocation assistance. The City currently complies with the URA and this codifies those requirements to meet the requirement by HUD to have a relocation assistance plan on hand. Goldman noted there is one change that needs to be made to the draft plan, explaining Staff recommends that item 3.3 on the last page be stricken in its entirety. Goldman stated that Staff recommends the approval of the Plan with the noted correction. Councilor Morrison / Jackson m/s to approve adoption of an Anti-Displacement and Relocation Assistance Plan. Voice Vote: all AYES. Motion Passed. 4. Economic Development Strategy and Reallocation of Transient Occupancy Test. Community Development Director John McLaughlin explained staff is recommending that a subcommittee of the Council be formed to discuss and recommend options regarding the allocation of the Transient Occupancy Tax, and present final recommendations to the tull City Council for consideration and adoption. Councilor Jackson, Hartzell, and Heam volunteered to be members of the subcommittee. ORDINANCES~ RESOLUTIONS AND CONTRACTS 1. First reading of "An Ordinance Amending Ashland Municipal Code Section 2.04.040 by Revising Rules of the City Council with respect to Public Hearings and First Reading of an Ordinance Pertaining to the Public Hearing." Councilor Jackson / Morrison riffs to approve first reading of ordinance and move to second reading. Roll Call Vote: Amarotico, Hearn, Laws, Morrison, Hartzell and Jackson, YES. Motion Passed. 2. Reading by title only of "A Resolution amending Resolution No. 2002-22 entitled 'A Resolution Amending the Pay Schedule for Management and Confidential Employees for Fiscal Year 2002-2003' by amending the Pay Schedule for the Municipal Judge and City Recorder." ( I7 ~' COl 5VC// ~,1£l:'77NG P,t(;l' ^' ()t: 9 2003 Councilor Morrison / Amarotico m/s to approve Resolution #2003-34. Roll Call Vote: Laws, Jackson, Amarotico, Morrison, Hartzell and Hearn, YES. Motion Passed. Reading by title only of "A Resolution amending Resolution No. 2003-24 entitled 'A Resolution Amending the Pay Schedule for Management and Confidential Employees for Fiscal Year 2003-2004' by amending the Pay Schedule for the Municipal Judge and City Recorder." Councilor Laws / Jackson m/s to approve Resolution #2003-35. Roll Call Vote: Morrison, Hartzell, Laws, Hearn, Jackson, and Amarotico, YES. Motion Passed. OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Heam stated he had heard that John McLaughlin wanted to add a council member to Master Trails Conm~ittee, and volunteered to be considered as the liaison to that committee. McLaughlin clarified that the Parks Commission had made the request for a council member on the Master Trails Committee. Mayor DeBoer appoint Council Heam to the Master Trails Committee. Councilor Amarotico stated they should respond to David Young's proposal. Council discussed analyzing his proposal with the Now x2 project. Mayor DeBoer noted the open house for the Police Chief Recruitment, at the Plaza Inn & Suites, Thursday at 5:30, and stated the public was welcome to attend. Mayor DeBoer noted there is a Study Session tomorrow at noon. ADJOURNMENT Meeting was adjourned at 10:30 p.m. Barbara Christensen, City Recorder Alan DeBoer, Mayor /L¥11I.,4~D ( IT )' ( O( \( TL MEt(17N(; t'4(;l 9 t)/- 9 NOI'EMI3ER 4 2003 ASHLAND CITY COUNCIl, STUDY SESSION Wednesday, November 5, 2003 at 12:00 p.m. Council Chambers, 1175 East Main Street CALL TO ORDER Mayor DeBoer called the meeting to order at 12:03 p.m. ATTENDANCE City Council: Councilors Laws, Amarotico, Jackson and Heam were present. Hartzell arrived at 12:15 p.m. Councilor Morrison was absent. Staff: Management Analyst, Ann Seltzer, Community Development Director John McLaughlin, Public Works Director Paula Brown, Fire Chief Keith Woodley and City Administrator Gino Grimaldi. 1. 2003 Citizen Attitude Survey (attached). Tammy Lockwood from Lock;vood Research presented the 2003 Citizen Attitude Survey. citizen survey conducted since 1998. This is the third She noted that the overall objective of the research was to measure change in the community's attitudes and opinions since the Benchmark study was conducted in November 1998 and the Tracking study in November 2000. The following research objectives were identified and the pros and cons were pointed out: · Measure the Community's level of satisfaction with the quality of life. · Measure the Community's satisfaction with the current level of City services. She explained how to read the charts that were used and how to understand the rating scores used for the survey Council discussed affects of growth survey results. Identify how the Community views City government. ,, Identify the methods the Community uses to gather information about the City. · Measure the incidence of RTVD transit use. It was pointed out that the sample age group was 45 years of age or older. Lockwood showed that the census indicates households with individuals 65 years or older is 23.5%. She stated that it is difficult to reach younger generations. Options or changes for fhture surveys were discussed. It was noted that the survey results should be made available to the Budget Committee. And, that council should consider how they would use these survey results and to take this into consideration when debating the necessity of any future surveys. It was pointed out that cross tabulations were available. Continued discussion on the merit of the survey and what questions should be included in future surveys. II. Discussion regarding redesign of Council Chambers, with respect to seating, sound and web access (2003 Council Goal). Management Analyst Ann Seltzer explained that staff is requesting from council their input on updating the council chambers. She introduced Bill Street, John Fields and Tim Bewley who are available to assist in any updates or improvements. Council discussed the need to keep the meeting directed toward the council rather than the audience. Discussion proceeded on how this could be accomplished. Bill Street was noted that flexibility is needed when conducting meetings and that when a speaker's back is to the audience, it does not feel like they are part of the meeting. He suggested using a podium. It was pointed out that the room is used for multiple uses and needs to be flexible. Ashland City Council Study Session Page 1 of 2 November 5, 2003 RV~I'V suggested raising the lights in order to place a large size screen that would be easier to view. It was noted that there is a need fbr instructions on how everything works. Other needs were identified as updated sound systems and new technology tools. It was pointed out that under Public Meetings Law, the public has the right to attend meetings, but does not have the right to participate unless invited to do so by the governing body. Staff will contact Judge Drescher to find out the needs of Court. Meeting was adjourned at 2:00 p.m. Respectfully submitted, Barbara Chnstensen, City Recorder Ashland City Council Study Session Page 2 of 2 November 5, 2003 SPECIAL PRESENTATIONS & AWARDS 1. Presentation of donation to the Ashland Fiber Network by the Cow Creek Tribe. 2. Announcement of Tree of the Year, 3. Introduction of General Manager for Rogue Valley Transportation District. ASHLAND FOREST LANDS COMMISSION October 8, 2003 4:30 - 6:30 PM MINUTES MEMBERS PRESENT: Members Absent: Staff Present: Non Voting Members: Frank Betlejewski, Richard Brock, Jo Anne Eggers, Stephen Jensen (Chair), Anthony Kerwin, Bill Robertson None Paula Brown, Nancy Slocum, Pieter Smeenk, Keith Woodley Marty Main (Consultant) I. CALL TO ORDER AT 4:32 PM II. APPROVAL OF MINUTES: October 1,2003 minutes approved with three minor amendments. II1. PUBLIC FORUM: No one spoke. STAFF REPORTS A. Keith Woodley announced that the geohazard report from Hicks and Sitton was due later this week. He also handed out a draft of the project's Financial Prospectus and Council Communication. Eggers and Brock made minor changes to the draft. Brock asked if the cost of grass seeding and on-going maintenance was included in the budget estimate. Woodley said these items are included as part of the mmual operating budget. Brock wondered if the project would include the use of insect repellent. Main said the only potential units would be N and Q where coarse wood material was an issue. Overall, he didn't see the need for beetle repellent. Jensen asked if Woodley thought the City Council would be happy with the financial prospectus. Woodley thought it was very positive. Main reminded the commission that the budget numbers were estimates only, especially project costs. The results of the geological information may change the expected volumes. Other minor changes he needs to make to the report include ongoing defects, sampling error and typos. Main reported on the use of Forest Service roads for removing timber. Forty percent of the volume would need to use the Forest Service helicopter landing and the City does not yet have permission. Also winter weather may restrict use. Woodley will work with representatives from the Forest Service. Jensen wondered if the City and the Forest Service could exchange benefits. Main said yes. C:\WINDOWS\TEMP\OCT &dec With a few exceptions Main marked all marketable snags and included them as part of the volume totals. Main said if the project included removal of every snag, in 5 years time the target for snags would be met. The city must decide whether to remove dead trees within the Barranca Unit and upper Morton Street. Kerwin was concerned about the decay classes. He knew there would be a loss of trees, but thought it harmful to keep removing snags year after year. Motion: Brock moved to retain snags over 26" in diameter. Motion died for lack of second. Betlejewski moved to retain all snags over 20" pending OSHA requirements. Kerwin seconded the motion. Discussion: Main estimated that would mean perhaps several hundred trees. He thought it a simplistic solution and it better to look at each location separately. He recommended retain snags over 26". Vote: Motion failed unanimously. Brock wondered if there is a table and map available so that the public could evaluate large tree removal. Main would need future direction regarding snags from the commission, but felt comfortable enough to present it to the City Council. Motion and vote: Brock moved to not mark for cutting snags over 26". Eggers seconded the motion and it passed unanimously. Main reported that other safety issues include power lines, down wash (Barranca is close to houses and trails). Brock wondered if Main took into account rare plants. V. REVIEW OF PROJECTS PENDING/REQUiRING ACTION Tabled. VI. ITEMS FOR DISCUSSION: A. Timeframe for Watershed Waterline Work - City's Associate Engineer, Pieter Smeenk, is nearly ready to send out a Request for Proposal for engineering services to relocate the waterline from the dam to town. He estimated the design phase would take place from November to February, permitting in February, and construction from March to April. Construction would take place in the center of the roadbed wherever possible. Brock remarked that some of the marked hazard zones would disappear with the relocation of the waterline. Smeenk thought the old line would be left in place for 10-15 years as a backup. Main mentioned that there might be a conflict with the upcoming restoration project in the area from the swimming hole to the wastewater treatment plant (WTP) gate. Smeenk indicated that the timing of the two sections (the dam to the WTP and the WTP to town) could be reversed to minimize conflicts. C:\WINDOWS\TEMP~OCT 8.doc B. Restoration Project Draft (10 rain) 1. Approval of Status of Winbum Addition - As directed last month Jensen drafted a section for the Restoration Project that would let the public know the status of the evaluation of the Winbum Parcel. Eggers would like some of the terms within the draft changed to descriptive terms rather that value laden terms. Motion and Vote: Kerwin moved to accept the section as amended. Eggers seconded the motion and it passed unanimously. Final approval of Proposal Motion and Vote: Kerwin/Robertson moved accept the City Forest Lands Rcstoration Project Phase II as amended. Motion passed unanimously. C. Council Presentation October 21 ~ - Woodley said the packet to the Council would include the Council Communication, Financial Prospectus, Main's tables and the final proposal. The commission agreed. Main, Jensen and Woodley would make up the presentation panel. Betlejewski agreed to be there for support if needed. All the commissioners were encouraged to attend. Slocum will work with Main on presentation maps. Eggers suggested that an overhead was preferablc to handouts. D. Schedule Winbum Hikes Robertson asked when the Winbum parcel would be demonstration marked. Main said tentatively by November 1 $~h. A hike was tentatively scheduled for November 15th from 9-2 PM beginning at the swimnfing hole. V. OTHER BUSINESS - Slocum announced that the deadline fbr applications for Commissioner Crosson's replacement was October 14th. The appointment would be made on or about November 4~h. VI. REVIEW AND SET COMMISSION CALENDAR / NEXT MEETING A. Next regular meeting was scheduled for Wednesday, November 12, 2003. VII. MEETING ADJOURNED AT 6:18 PM C:\WINDOWS\TEMP\OCT 8.doe Office of the Mayor Alan DeBoer MEMORANDUM DATE: TO: FROM: RE: November 10, 2003 City Council Members Mayor Alan DeBoer ~_~ Appointment to Forest Lands Commission November 18, 2003 Council Meeting This will confirm my appointment of Diane E. White to the Forest Lands Commission for a term to expire April 30, 2004. The vacancy was created when Elizabeth Crosson recently resigned her seat from the Forest Lands Commission. Attached are copies of the applicants, and a copy of the advertisement as it appeared in the Daily Tidings. The vacancy was also advertised on the City's Web site, and on the notice board in City Hall. Attachments City of Ashland · 20 East Main Street · AshLand, OR 97520 · (541) 488-6002 · Fax: (541) 488-5311 · Email: awdb@aol.com The City of Ashland has one vacancy on the FOREST LANDS COM- MISSION for a term to expire April 30, 2004. if you are interested in being considered for a volunteer position on the Forest Lands Com- mission, please submit your request in writing, with a copy of your resume (if available) to the City Recorder's office. Additional informa- tion regarding this position can be obtained from the office of the City Recorder or the City's Web site at www.ashland.or:us. APPLY TO:The City Recorder, City Hall, 20 East Main St., Ashland. APPLY BY: Tuesday, October 14, 2003 CITY OF -AS H LAN D October 9, 2003 ,i U'~ ' ,5 City of Ashland [.]1 r~~ - .... -.: Forest Lands Commission '~ '-'-' "-' ..... ! would like the opportunity to serve on the Forest Lands Commission. I feel I could make a substantial contribution. I am a Forest Ecologist and have worked in southwestern Oregon for over 25 years as a researcher for Oregon State University, a silviculturist (BLM) and an ecologist with the Forest Service. Recently, I participated a team, which included Marry Main, to evaluate the Upper Bear Creek ecosystem to provide the Forest Service with an ecological basis for planning restoration activities. We feel restoration efforts are needed following up to 100 years of fire suppression. I understand the issues in the watershed. I have lived in Ashland for one year and am becoming familiar with the social issues. Included is a copy of my resume. Thank you for your consideration. Diane E. White 940 Hillview Dr. Ashland, OR 97520 488-1457 DIANE E. WHITE PROFESSIONAL ADDRESS Rogue River National Forest 333 W. 8th Street, PO Box 520 Medford, OR 97501 Phone (541) 858-2325 IBMmail: dewhite01 (&rs.fed.us HOME ADDRESS 940 Hillview Dr Ashland, OR 97520 Phone (541) 488-1457 EDUCATION B.S. Biology, University of Nevada, Las Vegas, NV, 1973 M.S. Plant Physiology, University of California, Davis, CA, 1978 Ph.D. Forest Science, Oregon State University, Corvallis, OR 1987 FIELD OF SPECIALIZATION Forest Vegetation Ecology HONORS AND AWARDS Bureau of Land Management, Oregon State Office. Special Achievement Award for help in completing a Bureau-wide Environmental Impact Statement for Vegetation Treatment on BLM lands, 1991. United States Department of Agriculture, Certificate of Merit for extra effort in the development of improved Old-Growth Definitions in Region 6, 1992. United States Department of Agriculture, Certificate of Merit for outstanding assistance on the Regional Ecosystem Assessment Project, 1993. United States Department of Agriculture, Certificate of Merit for helping to develop the Applegate Adaptive Management Area Health Assessment, 1994. United States Department of Agriculture, Certificate of Merit for work on the vegetation classification of forest lands in Southwestern Oregon, 1997. PUBLICATIONS AND PRESENTATIONS Fifteen refereed journal articles, many non-refereed publications, and scientific presentations. Please see attached list. MEMBERSHIP 1N PROFESSIONAL ORGANIZATIONS Ecological Society of America, Natural Areas Association, Society of Conservation Biology, Phi Kappa Phi Honorary Society PROFESSIONAL EXPERIENCE 1979 Biological technician. U.S. Forest Service, Willamette National Forest, Eugene, Oregon, 6/79 to 9/79. Collected vegetative and environmental field data on forest ecosystems that resulted in classification of Silver Fir Plant Associations. Supervisor: Dr. Bill Emmingham 541.737.6078. Hours 40 per week. 1980-1988 Research Assistant/Senior Research Assistant. Forest Science Department, Oregon State University, Corvallis, OR. Supervisor: Dr. Michael Newton, 54t.737.6076. 9/80 - 4/88. 40 hours/week. Salary: $28000 annual. Duties: Worked in three major areas of research. - Herbicide effects on forests. Designed and conducted research of effects of several herbicides on forest vegetation and conifer survival and growth. Installed plots, collected and analyzed data, wrote publications and presented results at scientific meetings. This research resulted in registration of new herbicides for forestry use, and contributed to increased conifer productivity in forest plantations. Refer to attached publication list. Reforestation and competition control in plantations, comparing non-chemical methods and herbicides. Conducted research in southwestern Oregon forest ecosystems to test the efficacy of hand clearing compared with several herbicides. This research resulted in a quantitative comparison of chemical and non-chemical release treatments, and showed the comparative lack of effectiveness of hand clearing sprouting shrubs. Refer to attached publication list. - Competitive interactions ofwhiteleafmanzanita, Douglas-fir, and ponderosa pine, Designed and conducted research on the water use strategies of these three species, measuring soil moisture depletion, plant moisture stress, and stomatal conductance. Compared growth at different densities with and without herbaceous competition. Results showed the major impacts of herbs on conifer growth in water-limiting systems. See attached list for publications and presentations at scientific meetings. 1988 Silviculturist. BLM State Office, Portland, OR. (GS 11). Supervisor: Tom Aufenthie (retired, phone number unknown). 4/88-6/89. 40 hours/week. Salary $48000 annual (estimated). Duties: Evaluated reforestation techniques used in Western Oregon and Washington by the BLM. Maintained contact with researchers and transferred the most current knowledge to BLM foresters. Coordinated reforestation trials and reported the results. 1989 Assistant Ecologist. Siskiyou National Forest, Grants Pass, OR. (GS 11) 7/89-9/90. Supervisor: Dr. Tom Atzet 541.471.6531. 40 hours/week. Salary $52000 annual (estimated). Duties: Analyzed reforestation data, stratified by plant association, and showed correlations with planting success. Mapped plant associations of the Kalmiopsis Wilderness Area by modeling plant associations and environment. Served as Research Natural Area coordinator, monitoring status of RNAs on the Rogue River, Siskiyou, and Umpqua National Forests. 2 1990-present Associate Ecologist. Umpqua National Forest and Siskiyou National Forest, Roseburg, OR. (GS 12). 10/90- present. Supervisor: Dr. Tom Atzet, 541.471.653I (yes, you may contact him). 40 hours/week. Salary $62309 annual. Duties: - Research Natural Area coordinator, Rogue River, Siskiyou, and Umpqua National Forests. Monitored status and wrote establishment reports for 6 RNAs. Served as vegetation management specialist advising silviculturists on weed competition. - Led the only Province-wide effort to ratine dead wood standards from the Northwest Forest Plan. These standards are based on data from Ecology Program plots stratified by plant association and reflect the variation that exists across our landscape more accurately than the Northwest Forest Plan. This effort incorporated input from many resource specialists, both in the Forest Service and BLM. - Analyzed vegetation and environmental data that resulted in new plant associations in the Western Hemlock and White Fir series in southwestern Oregon. Used multivariate statistical analyses for the classification. Described plant associations statistically, based on floral composition and environment. Wrote description summaries and publication. - Described fire regimes of the plant associations in southwestern Oregon by analyzing data from ecology plots. This information is being used to return fire to our ecosystems thereby implementing a portion of the Northwest Forest Plan. The information has been presented at several scientific meetings and resulted in two publications. - Participated as the vegetation specialist in the Late Successional Reserve Assessment in the Southern Oregon Cascades. This document encompassed five Late Successional Reserves and is the only effort in Region 6 to analyze across such an extensive area. TEACHING Botany 102 Forest Mgmt 340 Forest Mgmt 341 Lab instructor, UC Davis Spring, 1978 25 students Beginning botany course. Lab instructor, OSU Spring 1980, 1981 10 students Introduction to forest ecology for non-majors. Lecturer, OSU Spring, 1984 30 students Forest ecology, lecture on water relations and competition in forest systems. Plant Association Training Instructor Yearly, 1993-present 12 students Provide instruction and hands-on training in plant identification, and concepts and use of the Southwestern Oregon Plant Association Guides. Students include Forest Service and BLM employees. MAJOR PROJECTS COMPLETED Bureau of Land Management Vegetation Management Environmental Impact Statement. Team member, writer. 1989. U.S.D.A. Forest Service, Pacific Northwest Region. A Guide to Conducting Vegetation Management Projects in the Pacific Northwest Region. Team member. 3 U.S.D.A. Forest Service Region 6. Interim Old-Growth Definitions for Pacific Silver Fir, Douglas-fir, and Western Hemlock Plant Series. Team analyst, writer. 1991-1992. U.S.D.A. Forest Service Region 6. Regional Ecological Assessment Project. A First Approximation of Ecosystem Health. Team ecosystem management specialist, writer. 1993. U.S.D.A. Forest Service Region 6, Southwestern Oregon Province. Vegetation Classification of Forested Lands in Southwest Oregon. Analyst, writer. 1994-1996. U.S,D.A. Forest Service Region 6. South Cascade Late Successional Reserve Assessment. Team ecologist, silviculturist, analyst, writer. 1997-1998. U.S~D.A. Forest Service Region 6, Southwestern Oregon Province. Determining Prescriptions for Down Wood and Snags. Lead, analyst, writer. 1998-2001. Rogue River-Siskiyou National Forest. Environmental Impact Statement For the Biscuit Fire Area. Writer. 2003. Rogue River-Siskiyou National Forest. Upper Bear Creek Ecosystem Assessment. Analyst and writer. 2003. 4 PUBLICATIONS Refereed Journal Articles 1. Newton, M., D.E. White, K.M. Howard, and G. Kline. 1982. Can we control brush by helicopter spraying before harvest? Oregon State Univ. Forest Res. Lab. Res. Note 70. 6 p. 2. White, D.E. and M. Newton. 1984. Glyphosate and hexazinone mixtures: effects on weeds and Douglas-fir transplants. Oregon State Univ. Forest Res. Lab. Note 76.5 p. 3. Newton, M., and D.E. White. 1985. Natural and artificial regeneration ofwhiteleaf manzanita in competition studies. Oregon State Univ. Forest Res. Lab. Note 78. 4 p. Cole, E., M. Newton, and D.E. White. 1988. Evaluation ofimazapyr and metsulfuron methyl for site preparation and conifer release in the Oregon Coast Range. FRL Res. Paper, Oregon State University, Corvallis. 5. White, D.E. and M. Newton. 1989. Competitive interactions ofwhiteleafmanzanita, herbs, Douglas-fir, and ponderosa pine in southwest Oregon. Can. J. For. Res. 19:232-238. Newton, M., E.C. Cole, R.A. Lautenschlager, D.E. White, and M.L. McCormack, Jr. 1989. Browse availability after conifer release in Maine's spruce-fir forest. J. Wildl. Manage. 53:643-649. 7. White, D.E., L.W. Joos, and M. Newton. 1990. Herbaceous weed control in conifer plantations with nitrogen-fertilizer and hexazinone formulations, New Forests 4:97-105. 8. White, D.E. and M. Newton. 1990. Herbaceous weed control in young conifer plantations with formulations of nitrogen and simazine. Can. J. For. Res. 20:1685-1689. Newton, M., E.C. Cole, D.E. White, and M.L. McCormack, Jr. 1992. Young spruce-fir forests released by herbicides. I. Response of hardwoods and shrubs. N. Journal of Applied Forestry 9:126-130. 10. Newton, M., E.C. Cole, M.L. McCormack, Jr., and D.E. White. 1992. Young spruce-fir forests released by herbicides. II. Conifer response to residual hardwoods and overstocking. N. Journal of Applied Forestry 9:130-135. 11. Newton, M., E.C. Cole, and D.E. White. 1993. Tall planting stock for enhanced growth and domination of brush in the Douglas-fir region. New Forests 7:107-121. 12. Newton, M., L.M. Homer, J.E. Cowell, D.E. White, and E.C. Cole. 1994. Dissipation of glyphosate and aminomethylphosphonic acid in North American forests. J. Agric. and Food Chemistry 42:1795-1802. 13. Atzet, T., D.E. White, L.A. McCrimmon, P.A: Martinez, P.R. Fong, and V.D. Randall. 1996. Field guide to the forested plant associations of southwestern Oregon. U.S.D.A. Forest Service PNW Region, Tech. Paper R6-NR-ECOL-TP-17-96. 335 pp. 14. White, D.E, T. Atzet, P.A. Martinez, and L.A. McCtimmon. In press. Fire regime variability by plant association in southwest Oregon. Proceedings: Fire in California Ecosystems: Integrating Ecology, Prevention, and Management. Nov 17-21, 1997. Bahia Hotel, San Diego, California. 15. White, D.E, T. Atzet, P.A. Martinez, and L.A. McCrimmon. In review. Snag and Down Wood Relationships with Fire in Westem Hemlock Plant Associations in Southwestern Oregon. Proceedings: Ecology and Management of Dead Wood in Western Forests. November 2-4, 1999. Reno, Nevada. Non-refereed Journal Articles and Presentations 1. White, D.E. 1979. Physiological adaptations of two ecotypes of Canada thistle (Cirsium arvense). Unpublished M.S. Thesis, University of California, Davis, CA. 69 pp. 2. *White, D.E. 1981. Update of vegetation management practices: phenoxys and related herbicides. Forest Vegetation Management Workshop, Corvallis, OR. 3. *Newton, M., D.E. White, and K.M. Howard. 1981. Selectivity of seasonal herbicide treatments and hand cleating in evergreen brushfields. Abstracts. Weed Science Soc. America. Las Vegas, NV. p 45. 4. *White, D.E. 1982. Herbicide prescriptions for mixed deciduous/evergreen brush: selection of treatment. Forest Vegetation Management Workshop, Corvallis, OR. 5. *Newton, M., D.E. White, and B.R. Kelpsas. 1982. Growth response of Douglas-fir after herbicide application and hand cleating. Proc. Western Soc. Weed Science. Denver, CO. 6. Newton, M., A. Allen, D.E. White, B. Loper, B.R. Kelpsas, and F. Roberts. 1982. Deposits and degradation of herbicides in sclerophyll brushfield foliage. Proc. Western Soc. Weed Science. Denver, CO. 7. *White, D.E. 1983. Monitoring aerially applied herbicide residues. Proceedings, Western Forestry Conference, Portland, OR. 8. *White, D.E. 1983. Temperature stress. Seedling Handling and Protection Workshop. Klamath Falls, OR. 9. *White, D.E., and M. Newton. 1983. Effects ofglyphosate and two formulations of hexazinone in young conifer plantations. Proc. Western Soc. Weed Science, Las Vegas, NV. 10. Newton, M., and D.E. White. 1983. Effect of salmonberry on growth of planted conifers. Proc. Western Soc. Weed Science, Las Vegas, NV. 11. *White, D.E. 1984. Manual release: Oregon Coast Range. Forest Vegetation Management Workshop, Corvallis, OR. 12. *White, D.E. 1984. Chemical site preparation: a research update. Reforestation Advances in Southwest Oregon Workshop, Grants Pass, OR. 6 13. *White, D.E. 1984. Chemical control of grass and herbs. Forest Weed Control in Southwest Oregon Workshop, Grants Pass, OR. 14. *White, D.E. 1984. Competition between whiteleafmanzanita and Douglas-fir and ponderosa pine in yotmg plantations. BLM Western Oregon Research Committee Meeting, Medford, OR. 15. *White, D.E., and D. Hibbs. 1984. Stem and stump treatments. Forest Vegetation Management Workshop, Corvallis, OR. 16. *White, D.E. 1985. Competition effects ofwhiteleafmanzanita (Arctostaphylos viscida) growing with Douglas-fir and ponderosa pine in southwest Oregon. Abstracts. Weed Science Soc. America, Las Vegas, NV. p. 53-54. 17. *White, D.E. 1985. Resource and tree response: dry sites. Forest Vegetation Management Workshop, Corvallis, OR. 18. *White, D.E. 1985. Competition effects ofwhiteleafmanzanita on Douglas-fir and ponderosa pine. Association of Consulting Foresters-Society of American Foresters Joint Meeting, Medford, OR. 19. *White, D.E., T. Harrington, and T. Hughes. 1985. Effects of herbs and brush on growth of young conifers. Proceedings Forest Pest Management Workshop, Grants Pass, OR. 20. *White, D.E. 1985. Effects of whiteleafmanzanita on Douglas-fir and ponderosa pine water use strategies and growth. Proceedings of the California Forest Vegetation Management Workshop, Eureka, CA. 21. Newton, M., E.C. Cole, and D.E. White. 1985. First-year evaluation of Arsenal and Escort herbicides in the Oregon Coast Range. CRAFTS Report, Forest Research Lab, Corvallis, OR. 22. *White, D.E., M. Newton, and E.C. Cole. 1986. Enhanced herbaceous weed control in conifers with combinations of nitrogen fertilizer formulations and hexazinone. West. Soc. Weed Sci. Proceedings, San Diego, CA. 23. Newton, M., E.C. Cole, and D.E. White. 1986. What influences control of coastal deciduous brush with glyphosate? West. Soc. Weed Sci. Proceedings, San Diego, CA. 24. E.C. Cole, M. Newton, and D.E. White. 1986. Response of northwest hardwoods, shrubs, and Douglas-fir to Arsenal and Escort. West. Soc. Weed Sci. Proceedings, San Diego, CA. 25. White, D.E. 1987. Competitive interactions between Douglas-fir or ponderosa and whiteleaf manzanita. Ph.D. Dissertation, Oregon State University, Corvallis. 138 pp. 26. Cole, E.C., M. Newton, and D.E. White. 1987. Evaluation of herbicides for early season conifer release. West. Soc. Weed Sci. Proceedings, Boise, ID. 27. Newton, M., D.S. Priest, and D.E. White. 1987. Effect of relieving moisture stress with extended weed control in Douglas-fir. West. Soc. Weed Sci. Proceedings, Boise, ID. 28. Newton, M., E.C. Cole, and D.E. White. 1987. Fiber and browse from conifer release in spruce-fir and Douglas-fir. Abstract. Oregon Society of American Foresters, Ashland, OR. 29. *White, D.E., and M. Newton. 1988. Effect ofwhiteleafmanzanita and herbs on juvenile Douglas-fir and ponderosa pine. Abstract. Weed Science Society of America, Las Vegas, NV. 30. Newton, M., E.C. Cole, D.E. White, and M.L. McCormack. 1988. Long-term efficacy of herbicides for releasing spruce-fir. Abstract. Weed Science Society of America, Las Vegas, NV. 31. *White, D.E. 1988. Technology of application: manual methods. Forest Vegetation Management Workshop, Oregon State University, Corvallis. 32. *White, D.E. 1989. Manual and mechanical methods of vegetation management. Forest Vegetation Management Workshop, Oregon State University, Corvallis. 33. *White, D.E. 1989. Weed control without herbicides, a BLM perspective six years later. Abstract. West. Soc. Weed Sci., Honolulu, HI 34. *White, D.E. 1990. Manual and mechanical methods of vegetation management. Forest Vegetation Management Workshop, Oregon State University, Corvallis. 35. *White, D.E., T. Atzet, and P.A. Martinez. In press. Abstract. Fire regimes in the complex environment of southwestern Oregon. Proceedings First Annual California Association of Fire Ecology National Meeting. Dec 2-6, 2000. *Indicates that a paper was also delivered at the meeting. PUBLICATIONS Refereed Journal Articles 1. Newton, M., D.E. White, K.M. Howard, and G. Kline. 1982. Can we control brash by helicopter spraying before harvest? Oregon State Univ. Forest Res. Lab. Res. Note 70. 6 p. 2. White, D.E. and M. Newton. 1984. Glyphosate and hexazinone mixtures: effects on weeds and Douglas-fir transplants. Oregon State Univ. Forest Res. Lab. Note 76. 5 p. 3. Newton, M., and D.E. White. 1985. Natural and artificial regeneration ofwhiteleaf manzanita in competition studies. Oregon State Univ. Forest Res. Lab. Note 78. 4 p. Cole, E., M. Newton, and D.E. White. 1988. Evaluation ofimazapyr and metsulfuron methyl for site preparation and conifer release in the Oregon Coast Range. FRL Res. Paper, Oregon State University, Corvallis. 5. White, D.E. and M. Newton. 1989. Competitive interactions ofwhiteleafmanzanita, herbs, Douglas-fir, and ponderosa pine in southwest Oregon. Can. J. For. Res. 19:232-238. Newton, M., E.C. Cole, R.A. Lautenschlager, D.E. White, and M.L. McCormack, Jr. 1989. Browse availability after conifer release in Maine's spruce-fir forest. J. Wildl. Manage. 53:643-649. 7. White, D.E., L.W. Joos, and M. Newton. 1990. Herbaceous weed control in conifer plantations with nitrogen-fertilizer and hexazinone formulations. New Forests 4:97-105. 8. White, D.E. and M. Newton. 1990. Herbaceous weed control in young conifer plantations with formulations of nitrogen and simazine. Can. J. For. Res. 20:1685-1689. Newton, M., E.C. Cole, D.E. White, and M.L. McCormack, Jr. 1992. Young spruce-fir forests released by herbicides. I. Response of hardwoods and shrubs. N. Journal of Applied Forestry 9:126-130, 10. Newton, M., E.C. Cole, M.L. McCormack, ,Ir., and D.E. White. 1992. Young spruce-fir forests released by herbicides. II. Conifer response to residual hardwoods and overstocking. N. Journal o f Applied Forestry 9:130-135. 11. Newton, M., E.C. Cole, and D.E. White. 1993. Tall planting stock for enhanced growth and domination of brash in the Douglas-fir region. New Forests 7:107-121. 12. Newton, M., L.M. Homer, J.E. Cowell, D.E. White, and E.C. Cole. t994. Dissipation of glyphosate and aminomethylphosphonic acid in North American forests. J. Agric. and Food Chemistry 42:1795-1802. 13. Atzet, T., D.E. White, L.A. McCrimmon, P.A. Martinez, P.R. Fong, and V.D. Randall. 1996. Field guide to the forested plant associations of southwestern Oregon. U.S.D.A. Forest Service PNW Region, Tech. Paper R6-NR-ECOL-TP-17-96. 335 pp. 14. White, D.E, T. Atzet, P.A. Martinez, and L.A. McCrimmon. Fire regime variability by plant association in southwest Oregon. Proceedings: Fire in California Ecosystems: Integrating Ecology, Prevention, and Management. Nov 17-21, 1997. Bahia Hotel, San Diego, California. 15. White, D.E, T. Atzet, P.A. Martinez, and L.A. McCrimmon. In review. Snag and Down Wood Relationships with Fire in Western Hemlock Plant Associations in Southwestem Oregon. Proceedings: Ecology and Management of Dead Wood in Western Forests. November 2-4, 1999. Reno, Nevada. 16. White, D.E., T. Atzet, and P.A. Martinez. Abstract. Fire regimes in the complex environment of southwestern Oregon. Proceedings First Annual California Association of Fire Ecology National Meeting. Dec 2-6, 2000. 17. White, D.E., T. Atzet, and P.A. Martinez. 2002. Relationship of historic fire regimes to dead wood components in white fir forests of southwestern Oregon. Tall Timbers Fire Conference, Calgary, Canada. 6 October 14, 2003 Dear Forest Lands Commission: Please Consider me as a candidate for the vacant seat on the Forest Lands Commission. My decade of experience in Forestry work for public land management agencies, as well as my education and my policy work with Headwaters, makes me an ideal candidate for the Forest Lands Commission. Tn 1991, ! began working a Silviculture position for the Forest Service in Troy Montana. In 1997, after completing my Resource Conservation degree and six years of seasonal work experience with the Forest Service, T moved to Oregon to set up a soil compaction monitoring system for the Prospect Distric of the Rogue River National Forest. This monitoring work stemmed from an agreement that the district had made with Headwaters the year prior. Since that time ! have worked for the Medford BLM implementing the Northwest Forest Plan's Survey and Manage Fungi inventory and the Butte Falls Resource Area's (Medford BLM) watershec inventory program. From 2001 to 2003, I served as Headwaters' Conservation Coordinator/Fores Land Oversight Director. At Headwaters, ! gained a great deal of knowledge and experience regarding public land management agency proposals, the Northwest Forest Plan, and federal land management policy and planning. This knowledge will certainly assist the FLC's planning efforts. My work at Headwaters has kept me busy enough that I could not offer my service to the community as much as have desired in the last two years. Having left my position at Headwaters, I hope to work with the Forest Lands Commission on the numerous issues it faces. While I have been unable to attend recent FLC meetings, I am confident that I will be able to hit the grour running and make a substantial contribution to the Forest Lands Commission and the community. Sincerely, Derek Volkart derekv@mac.com (541) 552-9560 Derek A. Volkart 78 4th Street Ashland, OR 97520 (541) 552-9560 derekv(&,mac.com EDUCATION -B.S. Natural Resource Conservation, Forestry School, University of Montana, Missoula, MT 59812 (1996) EXPERIENCE Policy *Headwaters, Forest Land Oversight Director, Ashland, Oregon (2001-2003) -Analyzed agency land management proposals and federal legislation. -Advocated for protection of wildlands, appropriate forest management practices and constructive legislation. -Worked cooperatively with federal land management agencies on a collaborative thinning proposal in the Applegate Valley. Riparian / Hydrology *U.S. Bureau of Land Management, Butte Fails Resource Area, Medford (2001) -Evaluation of functioning status and classification of streams in upper watersheds. *U.S. Forest Service, Kootenai National Forest, Murphy Lake Ranger Station (2000) -Assisted with road decommission (removal) and stream surveys. Soils *U.S. Forest Service, Rogue River National Forest, Prospect, OR (1997) -Established a soil impact monitoring method to determine compliance with Northwest Forest Plan standards and guidelines. -Assisted Forest Service and Headwaters environmental group with soil compaction issues. -Performed post- harvest assessments and soil pathology surveys. Botany *U.S. Bureau of Land Management, Medford (1999-2001) -Surveyed and identified "Survey and Manage" fungi (Grants Pass R.A.). -Identification of indicator and sensitive vascular plant species (Butte Falls R.A.). Biology *U.S. Forest Service, Pacific Northwest Research, Olympia, WA. (1999) -Assessed Fisher habitat suitability through data collection. *U.S. Fish and Wildlife Service, Grizzly Bear Recovery, Mlssoula, MT (1993-1996) -Assisted biologists with field preparations and provided information to the public. -Calculated GBR's energy consumption and supervised automobile fleet. Fire Management *The Nature Conservancy, St. Louis, MO (1998-1999) -Studied fire behavior theory as it relates to prescribed burning. -Maintained fire suppression machinery and equipment and organized volunteers. *U.S. Forest Service, Kootenai National Forest, Troy, MT (1991-1996) -Fire suppression and prescribed burn duties (secondary). Forestry *U.S. Forest Service, Kootenai National Forest, Troy, MT (1991-1996) -Supervised and trained crew in Forest Stand Examination procedures, plant identification, fire suppression and the utilization of maps, aerial photographs, Global Positioning Satellites, as well as a compass, dinometer and relaskop. -Accomplished quick plot stand exams, sensitive plant surveys, pre-thin and walk through exams, Old-Growth forest surveys, permanent root rot plot measurement, contract inspections, timber cruising, data entry and evaluation, and fire suppression. VOLUNTEER WORK, COMMUNITY INVOLVEMENT AND OTHER Jackson County Chapter, Oregon League of Conservation Voters Steering Committee member (2001-2003). Rogue Valley Organizing Committee of the Labor Party, Vice President, (1999). Selected as a participant for the U.S. AID sponsored International Conservation and Development of Belize field course (1996). From: To: Date: Subject: "conners" <conner5@mind.net> <nancy@ashland .or.us> 10/13/03 9:13PM Vacancy - Forest Lands Commission Hi Nancy: I would like to re-apply for the Forest Lands Commission. ( applied during the last round of vacancies, a little over a year ago. Attached are a cover letter and my resume. If you need a hard copy rather than electronic, please let me know and I will drop off a copy tomorrow, Tuesday, Oct. 14. Thanks, rich conner Richard D. Conner 268 Palm Avenue Ashland, OR 97520 (541) 488-6776 E-mail: conner5(~mind.net October 14, 2003 City of Ashland Recorder's Office City Hall 20 East Main Street Ashland, OR 97520 To Whom It May Concern: I am interested in being appointed to fill one of the openings on the Forest Lands Commission. My resume of qualifications is attached for review. I am a professional forester currently working in the timber industry, and I have also been employed by the US Forest Service and the University of New Hampshire. I have a strong background in logging systems, road building and silviculture. I also have extensive experience in fire fighting and forest fire science. I appreciate your consideration. Sincerely, Richard D. Conner RICHARD D. CONNER 268 Palm Avenue Ashland, OR 97520 RESUME OF QUALIFICATIONS Telephone (541) 488-6776 e-maih connerS@mind.net EDUCATZON Master of Science, Forest Resources University of New Hampshire - Fall 1990 Emphasis: A Policy/Procedures Manual for the University Woodlands Office Bachelor of Science, Forest Management Science Colorado State University - With Distinction - Spring 1983 Emphasis: Forest Fire Science EXPERIENCE Nov 1989 - Present June 1987 - June 1989 March 1988- Oct 1989 Fall 1984, 1986 Summer 1984, 1985 1986 Summer 1980,1981 1983 Summer 1979 HONORS/ MEMBERSHI'PS Boise Cascade Corporation, Medford, OR Forester Working as a member of a team, I design and lay out harvest units, applying tractor, cable, mechanical and helicopter logging systems. Responsible for the design, construction and renovation of all roads prior to harvest. I have marked and contracted the marking of approximately 3,000 acres of timber. I must ensure that harvest units meet or exceed all aspects of the Oregon Forest Practices Act. Employ a variety of computer software to manage information including spreadsheets, databases, Geographic Information System, Global Positioning Satellite and Autocad for engineering design work. Integrated into all aspects of my job are the principles of the "Sustainable Forestry Initiative" and our internal corporate "Stewardship Values and Measures". Manage reciprocal road use agreements between Boise Cascade and the US Forest Service and Bureau of Land Management. Manage many road use agreements and easements between Boise Cascade and other private landowners and have extensive experience in contract administration. Work cooperatively with the Oregon Department of Forestry to perform emergency fire fighting duties. University of New Hampshire, Durham, NH Graduate Woodlands Manaqe_r Managed 3,800 acres of University-owned woodlands under a multiple-use concept. Supervised timber inventory; timber sa[es; boundary, road and trail maintenance; stand treatments. The Tonry Farm, Hampton Falls, NH Forestry Technician Worked on a 250-acre Christmas tree farm. Tree planting and shearing, herbicide/fertilizer application, logging. US Forest Service, Angeles National Forest Forestry Technician/Firefiqhter Bear Divide Hotshot Crew (Type I). Wildland fire suppression. US Forest Service, Pike National Forest Supervisory Forestry Technician Pike Hotshot Crew (Type I), Trained/supervised six fireflghters during fire suppression duties. US Forest Service, Bighorn National Forest Forestry Technician/Fire Guard Maintained daily records of fire weather data. Fire detection and suppression. Law enforcement. US Forest Service, Bighorn National Forest Forestry Technician Cruised/marked timber. Regeneration surveys. Slash burning. Dean's List, Colorado State University - Spring/Fall 1981 National Dean's List Xi Sigma Pi, Forestry Honors Socieb/ Society of American Foresters October 8, 2003 The City Recorder Ashland City Hall 20 East Main Street Ashland, OR 97520 Dear City of Ashland: I am applying for the position on the Forest Land Commission. My education is based in biological sciences and my work experience has been primarily with the Fish and Wildlife Service, dealing with natural resource issues. I am a naturalist and outdoor person by passion and hobby. I am currently attending Southern Oregon University and taking courses in conservation biology and map analysis. I am interested in approaches to management that include listening to and educating the public, to achieve a well received resolution to management challenges. I have a broad knowledge of and enthusiastic interest in issues dealing with forest management and would consider myself an asset to this commission. I am enclosing my resume for your review. 592 Prim Str Ashland, OR ~7520 (54 I) 482-7562 RESUME PERSONAL INFORMATION Jo Ann Shafer 592 Prim Street Ashland, Oregon 97520 E-mail: shafscape ~yahoo. corn Phone: (541) 482-7562 (home) / (541) 944-2024 (cellular) Date ofbffth: Februmy 25, 1957 Place of birth: Mansfield, Ohio Citizenship: US Reinstatement eligibility: Yes Highest Federal Grade Held: GS-1801-11, Step 6 EDUCATION American Society of Clinical Pathologist Certification (ASCP) - Medical Technology Mansfield General Hospital School of Medical Technology, Mansfield, Ohio (July 1982). Bachelor of Science - School of Biological Sciences (Major - Zoology) Ohio State University, Columbus, Ohio (June 1980). Zoology Major - Miami University, Miami, Ohio (1975-1977). High School Diploma - Ontario High School, Ontario, Ohio (June 1975). PROFESSIONAL EXPERIENCE Wildlife Forensic Scientist (Series 1801/GS-11), August 1990 - May 2002 Genetics Section (1997-2002), Criminalisties Section (1990-1997) U.S. Fish and Wildlife Service, Office of Law Enforcement National Fish and Wildlife Forensics Laboratory, Ashland, Oregon 97520 Contact: Dr. Ed Espinoza, Forensic Science Branch Chief- (541) 482-4191 Assisted with and performed the research and development of new scientific methods for the identification of various wildlife species in the areas of genetics and chemislxy. The wildlife species in this research, included, species of bear, sturgeon, deer, rhinoceros and ivory-bearing wildlife (i.e. walrus, elephant, warlhog). Additional research involved identification of ginseng, pesticides and cholinesterase depression in wildlife. Completed a five year comprehensive study of the mitochondrial DNA variation of North American black bears throughout its range in North America (~1100 individuals) and prepared a rough manuscript which is currently unpublished. Conducted scientific analyses on wildlife parts and products to identify species or the lowest possible taxonomic group for the purpose of wildlife law enforcement investigations. My main casework responsibility was foensed on investigations involving bear parts and products, such as, gallbladders and bile products. Prepared written analytical procedures which were consequently validated for conducting forensic examination of wildlife casework and eventual presentation of evidence in court. The analytical procedures written, included methods for the identification of bear bile, strychnine, earbamate pesticides, rhino horn and polar bears. Cross-trained in genetic analyses, to expand my responsibilities to the Genetic Section while retaining duties m the Chemistry Unit of the Criminalistics Section~ Testified as an expert witness in courts while presenting evidence for wildlife investigations which frequently involved violations of the Endangered Species Act, Lacey Act, Migratory Bird Act, other federal and state laws and CITES. Delivered scientific presentations to various audiences, including, forensic scientists, law enforcement agents, biologists, schools and the general public. Communicated and participated with various forms of media, including film crews from Beyond 2000, Network Earth, CNN, Animal Planet, Good Morning America, and local and regional news stations. Communicated with journalists from various media sources, including Smithsonian, Audubon, Western Outdoors, National Geographic, Boy's Life, Pacific Northwest, Ranger Rick, Outside and local and regional newspapers. Participated in a training video on bear bile analysis funded by the World Wildlife Fund to be distributed to law enforcement agencies throughout the world. The video was to provide a simple and economic method for characterizing bear bile or gallbladders as a strategy to assist in the prosecution of offenders of the international bear trade. As a member of a multi-disciplinary task force, mandated by Washington D. C. for the characterization of rhino horn, initiated the development of a central repository for a diverse type of horn samples of each species of rhinoceros. In addition, keratin analysis was conducted on the horn samples utilizing a chemical technique, called gel filtration. Created a lengthy report containing a compilation of information on the pesticide, Compound 1080, utilizing numerous phone contacts and scientific publications. The report was submitted to state and federal agents for their use in a wildlife investigation. Participated on a multi-disciplinary committee to develop scientific methods to identify caviar fxom all sturgeon species in response to its priority status. Developed a log of phone contacts across the counU2/for receiving samples of different sturgeon species to be used as reference standards for ongoing research. Conducted genetic analyses on numerous sturgeon samples to assist in the development of an analytical method for future casework. · Created Access databases of all the chemicals in the laboratory, bile standards, ivory standards, gallbladder standards and analytical results, and my casework statistics. Responsible for the inventory and purchasing of supplies and materials for the Chemistry Unit and, intermittently, for the Genetics Section. Performed regular maintenance and repair on complex and valuable instrumentation, such as, high performance liquid chromatographs and a gas chromatograph/ms spectrometer. Supervised students and volunteers assisting in scientific and non-scientific duties. Provided technical advice and career encouragement to chemistry and biology students participating in collaborative scientific research at the lab. Volunteer, National Eagle Repository (November 1988 - August 1990) U.S. Fish and Wildlife Service, Office of Law Enforcement National Fish end Wildlife Forensics Laboratory, Ashland, Oregon 97520 Contact: Ken Goddard, Lab Director - (541) 4824191 Responsible for contacting native Americans regarding their requests for eagles and eagle feathers. Assisted in the shipping of eagles and eagle feathers to native Americans. Performed numerous clerical duties to support the Administrative Section. Conducted tours through the lab duiLng open houses. Assisted in the organization of a professional forensic meeting hosted by the lab, the 1988 Northwest Association of Forensic Scientists' Spring Meeting. Medical Technologist (January 1989- 1993) Providence Hospital, Medford, OR 97504 Contact: Ten3, Burkhend - (503) 776-5063 Performed general analyses in all departments of the laboratory, including hematology, serology, chemistry, microbiology and blood bank. Performed phlebotomy when necessmy to acquire blood from patients for analyses. Performed quality control and maintenance tasks as needed. Toxicologist (January 1985 - November 1988) MedLab, Toxicology Department, Tigard, OR 97223 Contact: Patty Tarlow - (503) 6394500 Performed forensic and medical drug analyses, including therapeutic drug monitoring using chcnnical analytical techniques, such as, gas chromatography and high performance liquid chromatography. Conducted research and development for the purpose of establishing new analytical procedmes for the testing of drugs, including, benzodiazepines, PCP/cocaine, cannabinoids and digitoxin. Prepared clear and concise written reports of the analytical results. Performed regular tasks of quality control and monthly monitoring of chemical assays. Map Interpretation/Analysis, Southern Oregon University, Ashland, Oregon, Fall 2003. Conservation Biology Course, Southern Oregon University, Ashland, Oregon, Fall 2003. Genetics Workshop, The Oregon Chapter of the Wildlife Society, Portland, Oregon, November 15, 2001. 13th International Conference on Bear Research and Management, Jackson, Wyoming, May 20-26, 2001. Molecular Biology Course, Southern Oregon University, Ashland, Oregon, Spring 2000. Statistical Genetics Course (via Intemet), Noa~h Carolina State University, Fall 2000. Basic Helicopter/Fixed Wing Safety, U.S. Fish and Wildlife Service, Ashland, Oregon, May 13, 1992. Managing Multiple Projects, Objectives and Deadlines, Skillpath, Medford, Oregon, December 2, 1991. Entomological and Botanical Evidence of Decomposed Remains, American Academy of Forensic Sciences 43rd Annual Meeting, Anaheim, California, February 18-23, 1991. Peregrine Falcons in the Pacific Northwest, Rogue River Federal Executive Association, Ashland, Oregon, Janumy 16, 1991. PRESENTATIONS The Oregon Chapter of the Wildlife Society: "A comprehensive study o£the mitochondrial and nuclear DNA variation o£North American black bears (Ursus americanus)." Portland, Oregon, November 2001. International Association of Forensic Sciences 15a' Triennial Meeting: "Diverse Analytical Approaches for Determining Species of Bear Parts." Los Angeles, California, August 1999. Western Wildlife Investigators Conference: "Presenting Forensic Evidence for Bear Gallbladder Cases." Silver Creek Falls, Oregon, July 1999. Association of Analytical Chemists 1996 Meeting: "Forensic Analysis in Wildlife Poisoning Cases." Bellingham, Washington, June 1996. Northwest Association of Forensic Scientists: "Comparison of IEF and HPLC Methods for Hemoglobin Analysis in Processed Deer Products." Ashland, Oregon, October 1995. South Dakota Game, Fish and Parks In-Servicc Training: "Safety considerations in Wildlife Poisoning Investigations." Huron, South Dakota, March 1994. U.S. Fish and Wildlife Service, Special Agent TraIning: "Wildli£e Mortality Due to Pesticides in the U.S." Marana, Arizona, March 1993. Northwest Association of Forensic Scientists: "Characterization of Ursidae Gall Bladders by HPLC and TLC Analysis of the Bile Salts." Wildlife Forensic Seminar, Portland, Oregon, 1992. PUBLICATIONS Dratch, P., Sharer, J., Hoeseh, B., and Espinoza, E. 1996. Comparison of electrophoretic and chromatographic methods for analysis of ricer hemoglobins. International Society for Animal Genetics, ,4nimal Genetics. Vol. 27 (Supp. 2), pg. 17. Allen, George T., Veatch, Johna K., Stroud, Richard K., Vendel, Come[is G., Poppenga, Robert H., Thompson, Lynn, Sharer, Jo Ann, and Braselton, Emmett W. 1996. Winter poisoning of coyotes and raptors with Furadan-laced carcass baits. Journal of Wildlife Diseases. Vol. 32 (2). pp. 385-389. Espinoza, E.O., Sharer, J.A., and Hagey, L.R. 1995. The unbearable facts about the (vile) bile trade. In Proceedings of the international Symposium on the Trade in Bear Parts for Medicinal Use, September 9-11, 1994, Seattle, Washington. TRAFFIC USA/World Wildlife Fund, Washington, D.C. Espinoza, E.O., Sharer, J.A., and Hagey, L.R. 1993. international Trade in Bear Gallbladders: Forensic Source Inference. ~LFor. Sci. Vol. 28. pg. 1363. AWARDS Work Performance Awards, U.S. Fish and Wildlife Service, NFWF Lab, Ashland, Oregon: June 1991, August 1992, September 1993, August 1994. "On the spot" Awards, U.S. Fish and Wildlife Service, NFWF Lab, Ashland, Oregon: · "For assisting in the development of efficient extraction techniques used in the analysis of pesticides," June 1995. · "For the perseverance in the repair of the high performance liquid chromatograph and the maintenance of the Hewlett Packard account," June 1996. · "For exemplary performance of duties while on temporary assignment to the Protein Unit, resulting in completion of gene fi'equency data for Odocoileus hemionus," April 1997. · "For work beyond duty, involving multiple analytical samples and short deadlines, specifically associated with investigations of caviar importations," May 1999. · "For exemplary performance in the completion of casework under exacting conditions of legal scrutiny and extreme timeliness," July 2000. · "For outstanding performance and taking the extra lime," June 2001. Outstanding Senior Award Nominee 1979, Ohio State University, Columbus, Ohio Academic Awards, Miami University, Oxford, Ohio: · Dean's List Fall t976 · Dean's Merit Roll Winter and Spring 1976 · Dean's Merit Roll Spring 1977 VOLUNTEER WORK AND ACTIVITIES Volunteer for North Mountain Nature Center, Ashland, OR - bird momtoring, weather station (Fall 2003). Member of Ashland Woodlands and Trail Association. Volunteer for Jackson County Master Gardeners - landscape displays, Voorhies Mansion's children's garden design, seminars, garden tours (January 2003 -present), Volunteer for Southern Oregon Humane Society (Fall 2002). Assisted Dr, Steve Cross of Southern Oregon University in collecting data on the echolocation signals of Mexican free-tail bats (Fall 1993). Volunteer for the Klamath Basin Ecosystem Restoration project with Ron Gan'eR, Senior StaffEcologist, by participating in meetings discussing G1S strategies (Fall 1993). Office of the Mayor Alan DeBoer MEMORANDUM DATE: TO: FROM: RE: November 10, 2003 City Council Members Mayor Alan DeBoer Appointment to Bicycle & Pedestrian Commission November 18, 2003 Council Meeting This will confirm my appointment of Jack Christman to the Bicycle & Pedestrian Commission for a term to expire April 30, 2005. The vacancy was created when Lynn Reynolds recently resigned her seat from the Bicycle & Pedestrian Commission. Attached are copies of the applicants, and a copy of the advertisement as it appeared in the Daily Tidings. The vacancy was also advertised on the City's Web site, and on the notice board in City Hall. Attachments Ci~ of Ashland · 20 East Main Street · Ashland, OR 97520 ° (541) 488-6002 · Fax: (541) 488-5311 · Email: awdb@aoLcom Please publish: Tidings - Wednesday, October 22 and Saturday, October 25 Refer to P.O. 61669 Questions? Please call Fran at 488-6002 The City of Ashland has one vacancy on the BICYCLE & PEDES- TRIAN COMMISSION for a term to expire April 30, 2005. If you are interested in being considered for a volunteer position on the Bicycle & Commission, please submit your request in wdting, with a copy of your resume (if available) to the City Recorder's office. Additional information regarding this position can be obtained from the office of the City Recorder or the City's Web site at www.ashland.or, us. APPLY TO:The City Recorder, City Hall, 20 East Main St., Ashland. APPLY BY: Wednesday, November 5, 2003 CITY OF ASHLAND FEB-~ 95 00~$6 FROM~ i6~O ASHLAND ASHLAND, OR 541.~8~-~D [YCLER~ 97520 T0:541 488 $5~1 PRGE:01 ._L FF7 ~ ~_~ c o rxix ~ h , 186 Ohio Street Ashland, OR 97520-1119 November 4, 2003 City of Ashland Bicycle and Pedestrian Commission 20 East Main Street Ashland, OR 97520 Dear Bicycle and Pedestrian Commission, Please find enclosed a copy of my resume. I would like to apply for the vacancy on this commission. I feel that my background as a tour guide, my belief that a safe biking environment can be beneficial to a community and my love for the sport will do nothing but help your commission. Bicycling has been a huge part of my life. I spent my elementary, junior high and high school days getting around via foot and bike. During colleg? my love for the sport truly emerged as I was introduced to road and mountain biking as enjoyment, a way to stay sane and to stay in shape. After college, I ventured out West to work in a bike shop that my cousin was managing in Danville, CA. Within a year of doing that I found a job as a tour guide for Backroads, which is an active travel company based in Berkeley, CA. Through Backroads I was able to travel the world and lead biking and hiking trips in beautiful locations. I truly enjoyed being part of a safe adventure for our clients. Now that I am settled in Ashland, I would be honored to be a part of a team that helps to make this community a safe place to walk and bicycle. My desire to do so stems from having a one year-old daughter that will soon be "out and about" on foot and bicycle. Also, having spent some time in Europe, I know that having bicycles, pedestrians and vehicles on the road is possible and can be wonderful experience. So, with that in mind, I know that Ashland and the rest of the United States can be that same type of experience. There is plenty of work to be done to get there and I would love to be a part of that vision. I look forward to headng from you. Sincerely, [/ Edc Poole Enclosure (1) 186 OHIO STREET, ASHLAND, OR 97520 ericpoole~johnlscott.com 541.951.5711 ERIC POOLE WORK EXPERIENCE Real Estate Broker John L Scott So. & Central OR Ashland, OR · June 2003 to Present · Duties include representing buyers and sellers in real estate transactions. Consultant ~Manager Reitinger and Associates, Inc Ashland, OR · March 2002 to May 2003 · Duties included managing the day-to-day operations of the facility, human resources functions, interview new employees for various Doctors in the Rogue Valley, design ads, tram employees, stock distributions, financial analysis, data entry and project management. Travel Consultant Gemtitlichkeit Ashland, OR April 2000 to March 2002 Duties included working with individuals with travel itineraries to Europe, Asia and the South Pacific. Services included a newsletter, rail passes, car rentals and air travel around the world. Worked independently (at home) and managed the travel agency division of the business. Tasks included customer service, marketing, sales, human resources and financial analysis. Responsible for the successful conversion to a new computer system. Tour Guide Backroads, lnc Berkeley, CA · May 1991 to March 2000 · Duties included leading successful biking and hiking trips around the world with up to 26 guests at one time, catering to a wide range of individuals, hiring new tour guides, constantly selling and marketing trips, beoaming a trip specialist, extensive training and continuously attended seminars to improve and enhance the quality of my work and the trips that I led. EDUCATION · Bachelor of Science in Marketing and minor in Psychology from Indiana University, May 1990. Graduated with a 3.27 GPA. Dean's List 1988. Eric Poole 186 Ohio Stree~ Ashland, OR 97520 541-951-5711 E-mail: ericpoole@johnlscott.com References: Professional: Ted Anderson, Principal Broker John L. Scott Southern & Central Oregon 1460 Siskiyou Blvd. Ashland, OR 97520 541-488-1460 Robert Bestor, CEO Bestor Enterprises 288 Ridge Road Ashland, OR 97520 541-488-8462 E-mail: Bob@gemut.com Tom Hale, CEO Backroads, Inc. 801 Cedar Street Berkeley, CA 94710-1800 510-527-1555 ext. 155 E-mail: TomH@Backroads,com Michelle Latvala, VP Leader Development Backroads, Inc. 801 Cedar Street Berkeley, CA 94710-1800 510-527-1555 ext. 134 E-mail: MichelleL@ Backroads.com Personal: Kirby Wilcox, Partner Paul, Hastings, Janofsky and Walker 55 2r~ Street San Francisco, CA 94105 415-856-7002 John Thomas, Owner, Ashland Motor Company 1819 Tolman Creek Road Ashland, OR 97520 541-488-0640 City of Ashland Ashland, OR 97520 Nov. 3,2003 Hello: I am submitting an application for the open volunteer position on the Bicycle and Pedestrian Commission. I have attached brief resume' material, and I want to add a few comments to give you more information, for evaluation purposes. I am a frequent cyclist, and a pedestrian. I find myself increasingly using both modes of transportation, for errands and for health and pleasure reasons. I have used bikes most of my life, for delivering papers as a kid, racing a little in college, and daily commuting to SOU. Next, I have a deep interest in the development of riding/walking as components of sound transportation in our emerging world. I think Ashland, my home for 30 years, has a nice opportunity to help lead the way in green, healthy transportation choices. I am also interested in electric vehicle use. I used my last sabbatical leave (2000-2001) to study transportation, focusing on EVs and high speed rail. Trying to see the future, and trying to help shape it a little are natural outcomes of this part of my professional work. Effective, safe, enjoyable transportation is one of the hallmarks of a successful society. I would like to work with you to help contribute, infinitesimally perhaps, to our success. I am formally semi-retired from SOU, where I have been a physics professor for 19 years. I have taught several energy & environment classes. Sincerely yours, Tom Marvin 499 Iowa St. 482-5310 or 552-6488 CURRICULUM VITAE: TOM MARVIN Physics Department Southern Oregon University Ashland, Or 97520 History: OCTOBER, 2003 SOU Physics, since 1984. Professor: 2000; Associate Professor: 1993; Assistm~t Professor: 1988. Education: PhD, Experimental Sub-atomic Physics, Indiana University, 1971 Previously: Associate Professor (visiting), Stanford University, 1994-95. Summer Research, Indiana University Cyclotron Facility, 1987-88. Physics Lecturer/Instructor, SOU, 1984-1987. Independent solar energy (photovoltaics) applications, 1981-1984 Manager of Academic Affairs, Computer Center, SOU, 1976-1981. Physics Instructor/Head of Sciences, Greengates Academy, 1974-76 Research Associate, Indiana University, 1971. Research Associate, Texas A&M Cyclotron Laboratory. 1969-70 Currently: Post-retirement (2003 to 2006): General Physics (calculus-based); basic research. Pre-retirement: Teaching: modem and general physics, advanced labs, analytical mechanics, conceptual physics, energy/environment, quantum mechanics, nuclear and particle physics. Research: Particle physics, cosmic ray muon flux analysis & detectors; solar energy & conservation interests. Some Salient Publications and Presentations: A. Prinz, et al, (SLAC Milli-Q Collaboration) Search for Millicharged Particles at SLA C, Phys. Rev. Lett, 81, 1175(I998). K. Abe, et al, (El 54 Collaboration), Measurement of the Neutron Spin Structure Function g2n and asymmetry A2n, Phys. Lett. B, v.404, no2-3,377-82(1997). K. Abe, et al, (El 54 Collaboration), Precision Determination of the Neutron Spin Structure Function gin, Phys. Rev. Lett., 79, 26(1997). T. Marvin, The Interior of the Neutron (E154 at SLAC), SOU Faculty Research Symposium,May 1996, Ashland, OR. T. Marvin (SLAC Milli-Q Collaboration), Single Photoelectron Noise Reduction in Scintillation Detectors, IEEE Nuclear Science Symposium, Nov. 1995, San Francisco; Conference Record of IEEE NSS. T. Marvin, Particle Physics without Accelerators, Pac. Northwest Assoc. of College Phys. Conf. on UG Laboratories, (April 1993), Portland. T. Marvin, Locating the Sun with Spherical Coordinates, Oregon AAPT Conf., (Oct. 1991), Grants Pass, OR. June 14, 2003 Re: membership on the Bicycle and Pedestrian Commission To Whom It May Concern: My wife and I moved to Ashland in 2000. Prior to that year I taught at SOU as part of the National Faculty Exchange in 1986. Almost every summer since 1986 1 taught courses at SOU and enjoyed extensive hiking and biking in Ashland. I wish to contribute to responsible sharing of public roads. Since moving here I become a member of CERT and completed the Ashland Police Department's Citizens Academy. If desired I will send you a copy of my professional experience. Sincerely, Edwin Mills Edwin Mills 805 Pinecrest Terrace Ashland, OR 97520 Email: emilIs~sou.edu Ph: (541) 488-8196 Professional Experience Current: Adjunct Professor, Southern Oregon University, 2003-04 · Teaching courses in group processes and training Graduate tenured faculty, Montclair State University, 1967-2001 (Retired) · Taught graduate courses in counseling, group processes, career development · Supervised and evaluated counselors and teachers · Received Merit Award for effective teaching · Served on task forces, assessment teams, search committees · Authored journal articles, research projects, grant proposals, manuals · Taught undergraduate courses in group processes, career development and values clarification · Participated in partnerships with public schools · Directed Montclair State Freshman Seminar · Coordinated a Professional Development School Counselor, Consultant, Community Service · Community Emergency Response Team (CERT) member, Ashland, OR · Citizens Academy, Ashland, OR · Counseled individuals and groups in problem solving, career planning, conflict management · Consulted with private and public organizations in stress management, conflict resolution, team building, community building and communication skills · Consulted with boards of education, school counselors, teachers, and administrators · Consulted with the Principals Leadership Institute (Rutgers, Columbia, Seton Hall Universities) National Faculty Exchange · Taught at Southern Oregon University, Psychology department, 1986-87 Counselor (higher education), 1967-1970 · Counseled students with developmental and career needs, MSU, Montclair, NJ Counselor (elementary/secondary schools), 1963-1967 · American Academy, Miami, Fla. Education Academic · M.Ed. F19rida Atlantic University, 1967, Counselor Education and Training Organizational Psychology, University of Hawaii, 1980-81 Continued graduate studies: University of Miami, Fordham Uni. and Montclair State Uni. In-service · Minimum of one in-service per year Licensure and Certification National and State · Licensed Professional Counselor, #PC 1090, New Jersey · National Board of Certified Counselors, #38276 Office of the Mayor Alan W. DeBoer MEMORANDUM DATE: TO: FROM: RE: November 12, 2003 City Council Members Mayor Alan DeBoer ~ Appointment to Historic Commission November 18, 2003 Council Meeting This will confirm my appointment ofKeith Swink to the Historic Commission for a term to expire April 30, 2004. The vacancy was created when Keith Chambers left the country on a year-long sabbatical. Attached is a copy of the application from Keith Swink, and a copy of the advertisement as it appeared in the Daily Tidings. The vacancy was also advertised on the City's Web site, and on the notice board in City Hall. Previous applications to the Historic Commission were also taken into consideration. Attachments City of Ashland · 20 East Main Street · Ashland, OR 97520 · (541) 488-6002 · Fax: (541) 488-5311 · Ernail: awdb@aol.com Please publish: Tidings Wednesday, October 15; Saturday, October 18; Monday, October 20 Refer to P.O. 61665 Questions? Please call Fran at 488-6002 The City of Ashland has one volunteer position open on the Histodc Commission. This volunteer position has a term that expires Apdl 30, 2004, with the possibility for a further three-year term. The nine- member commission meets monthly to review all actions proposed within the Ashland Historic District, and a review beard meets every Thursday for at least one half-hour to review new building permits, ex- terior remodeling, new signs and demolitions. The Historic Commis- sion advises the Planning Commission on the potential impact of such actions on the histodc integrity of any part of Ashland's designated His- todc District. It also promotes public education and awareness regard- ing histodc prese~ation. Particularly sought are individuals with a pro- fessiona[ background or education in these fields: history, architectural hislory, archeology, cultural anthropology, Amedcan stgdies, conserva- tion, curation, engineering, folklore, histodc landscape amhitecture, histodc preservation planning, urban planning and histodc architectural restoration and renovation. If you are interested in being considered for this volunteer position, please submit your request in wdfing with a copy of your resume (if available). For fudher information regarding the Histodc Commission, contact Mark Knox in the Planning Depadment at 552-2044. APPLY TO: City Recorder, City Hall, 20 E. Main St., Ashland APPLY BY: Fdday, October 31,2003 C IT Y OF -ASHLAND Keith Swink 231 Gresham Slreet Ashland, Oregon 97520 (541) 482-8802 PROJECT LIST (partial) 2003 ronao~a) P. erlrlqbaker-Bamey House - 231 Gresham Street. Ashland. OR Extensive rehabilitation of 111 year-old Queen Anne home on historical street, including installation of foundations where none previously existed, structural improvements, interior restoration of Queen Anne-style floorplan from former preschool usage. Restoration of existing windows (and historically accurate reproductions to replace four c. 1970's windows where needed); historical installations of interior trim and doors; replacement siding custom-miffed to replicate deteriorated original. 2003 ..._Scherr Residence- 325 Scenic Street. Ashland. OR Intensive renovation and remodel of 1940's home in historical adjacent neighborhood, including rehabilitation of daylight basement and interior upgrades throughout. Exterior work includes fie-in to original style windows and bevel-siding. 2.q02 O'Douahertv Residence - 165 Greshe..rn Street. Ashland. OR Residential remodel and family room addition to 1938 cottage-style home in historical adjacent neighborhood, including kitchen, bath, dining room, living spaces and mud room. Arohitectuml features and treatments echoed existing, inside and out. Tuttie Residence - 309 Granite Strep.t,L~.hland~ OR ..... Built extensive white oak raised-panel entry and stair-surround appropriate to the aroh. iteoture of chalet-styled home (new construction); built all kitchen cabinets designed to Pay homage to early 20"' Century Iceboxes. Finn Residence - 1807 Comtnev Avenue. Los Anaeles, CA . .. Residential remodel and renovation of Historically Registered 1927 Spanish-Colonial styled home in Hollyvaxxl Hills, Interior/exterior remodel and renovation to restore original integrity of architectural gem of Hollywood's Golden Years. 1996 Undon Bunaalow .-..Hollywood. C/~ . i Earthquake damage repairs and ~elsmtc upgrades on small circa 1920's Craftsmen bungalOW home, rebuilding front exterior and porch, including foundation work. Lowv-Perrv Residence- Ridoath Drive. Los Anaeles. CA Residential remodel and extensive mar addition to circe 1920's Laurel Canyon hunting cabin, with efforts mede to accurately fie-in addition to ootfage-styled architecture and cabin interior. 1989 Sands Residence - 1287 Ozeta Teff{~ge. Hollywood. CA Restoration of 1939 Moditermnean-stylod estate above Sunset Strip In Hollywood, including stripping away of extermive bootleg additions to restore original elegance. Keith Swink 231 Gresham Street Ashland, Oregon 97520 (541) 482-8802 482-ss, (fax) WORK ,EXPERIENGE Licensed General Contractor dba Eaale Harbor Daaicln$, Ashland. Oreeon .&.~l~ta Moq!c~,.Gelifomia.~ 1984 to Present Sole Proprietor and Operator of General Contracting Business, for thirteen years in greater Los Angeles area and for five years In Ashland, Oregon, specializing in residential remodels and historical rehabilitation (see attached partial project list). Supervising and executing all aspects of residential renovations and remodels, from framing to finish carpentry, including all necessary hands-on elements of seeing remodel projects through to completion. Master Carpenter skill level abilities pertaining to all aspects of woodworking and carpentry, both shop work and on-site. Conversant in many aspects of drafting and design work. Worked as technical consultant for insurance arbitem and clients in need of building forensics and troubleshooting. CSL8 #500745 B HIC; CCB # 134824. Cabinet Shod Owner/Desioner and Owner, Eal;le Harbor Humidors - 19l~5 ~ Present Designer and maker of fine custom hardwood cigar humidors and custom cabinetry. HouseDainter/Partner, B#rtls Painting, Venice, CA- 1981- 1984 Executed all bidding, color samples, paint purchasing, etc. for business specializing in custom interior paint work, custom stains and paint finishes, and faux finishes. Cabinet ShOD Joumevman, Frank $¢hwltzer Designs, v~anta Monica, CA - 1979 - 1981 Hired as finish carpenter, served a 3-year apprenticeship building designer kitchens, custom furnishings for law firms, and post-production video facilities. RELATED EXPERIENCE.' Extensive work in furniture design, building, renovating and refinishing; jewelry design, lapidary work & jewelry sculpture; conversant in building to standards consistent with various architectural styles & historical periods; color & custom painting work; textile work. EDUCATION: Santa Monica College - Jewelry Design. Various Sculpture courses. Tim Tuttis, Ashland, Oregon - (541) 482-6093 Hank O'Dougherty, Ashland, Oregon - (541) 552-5240 Allen Crutcher, Ashland, Oregon -(541) 552-1039 Carlos Delgado, Ashland, Oregon - (541) 552-9502 Paul Ford, Santa Monlca, CA- (310) 452.3673 Keith Swink 231 Gresham Street Ashland, Oregon 97520 (541) 482-1133 {541) 482-8857 Ifad,) ,, , October 28, 2003 Dear Mayor DeBoer, I am pleased to throw my hat into the ring for the current open seat on the City of Ashland's Historical Commission. I have made a successful lifelong profession working with wood and restoring (mostly old) homes, and feel I have a great deal to bring to this hard-working group of community volunteers. Although I have had very little formal education in this area, I have a dedicated self-taught education in histo;y, and a breadth of knowledge of historical homes and vintage airplanes in particular. I grew up in a community (Santa Monisa, CA) that was similar in size to Ashland, one that used to be full of fabulous California Bungalows, expansive Mediterranean homes, and quaint beach cottages - all worth preserving. I remained in Santa Monica long enough to witness these same houses suffering the blows of the whacking ball to be subdivided into apaibTents entirely void of charecter, or to be recon~ into garish homes unrecognizable from their original. Saddened by witnessing what can happen to a community when preservation is not a priority, it is my wish to help see the wonderful historical homes in this community preserved and restored. Mind you, I know first-hand the difficulty and expense of owning and rehabilitating an old house that has suffered generations of deferred maintenance. I have made a living repairing the havoc nature can wreak on an old house, and the even greater damage that do-it- yourselfer humans can do when 'modernizing" an already functional old home. I am painfully experienced in sorting through what materials be saved and what cannot, what sidings are capable of being restored even after 100 years of hard winters and hot summem, and which ones need to be carefully reproduced for authentic effect. I have worked hard in my Ashland business to find local craftsman (artisans, really) who can take the same care manufacturing an historically-authentic window, or custom-milling a piece of siding, that wondworkers may have taken a century ago. I am well-versed in traditional techniques, but know the importance of modem materials. I am at heart a preservaflonist, but by occupation I have learned to be a practical man. I believe that both can be great assets when working on this committee. Please feel free to check the references attached, they are mostly owners of vintage homes or architects who appreciate them. I hope you will consider ma when making this appointment. Kind regards, Keith Swink co: Mark Knox, City of Ashland Planning DepL CiTY OF SHLAND Council Communication Title: Dept: Date: Submitted By: Reviewed By: Approved By: Termination of a Power Line Easement Located at 997 Oneida Circle Public Works Department November 18,,~00/3_ Paula Brown;~C~ PaulNolte. Gino Grimaldi Synopsis: The property at 997 Oneida Circle is encumbered by an easement for an overhead power line which was granted in 1962. The powerline has since been removed and replaced with underground lines in another location. The original easement is no longer in use and the owner has asked that it be terminated. Recommendation: It is recommended that the City Council adopt a motion to sign the attached quitclaim deed terminating the City's interest in the powerline easement recorded as Volume 524, page 462 (March 8, 1962). Fiscal Impact: None. Background: The Oneida Circle area was developed shortly after the Pinecrest Terrace Subdivision by Karl W. Windbigler. Many of the lots in this area were originally served from an overhead powerline provided by Pacific Power and Light. With the aimexation of the Pinecrest Terrace area, the City assumed ownership of the utitlies and appurtances including the supporting easement documents. The above ground powerline and supporting poles were removed when the powerlines were relocated and converted to underground service. The 20 foot wide overhead powerline easement which was acquired by Pacific Power and Electric from Karl Windbigler is no longer in use but is still a legal easement encumbering the lot at 997 Oneida Circle (391E15CA-128). The new owners of the property, John Weston and Erin Coke, have requested that the easement be terminated. The easement is for an above ground electrical powerline and could serve no other purpose. The Electric Department has indicated that they can foresee no future use for the easement and support its removal. Attachments: Quitclaim Deed for signature, maps, copies of easement. Scale: i"= 120' ~40~ 944 7400 965 202 v~"? WOODLAND DR / Termination of Overhead _/ Power Line E~asement 4000 977 74'12 960 10",..5 !13 lo6 ~ ~emmln 100 107 1003 10~8 1470 130 1009 112 1015 ~26 1~88 128 125 119 TR 124 ~5~0 ii4 1579 J 918 3700 15BO 820( 938 3800 810( 944 790 ~3 1550 QUITCLAIM DEED KNOW ~LLL MEN BY THESE PRESENTS, That CI~ , herein called grantor, for the consideration hereinafter stated, does hereby remise, release and quitclaim the grantor's right, title and interest in that certain real property with the tenements, heriditaments and appurtenances theretu%to belonging or in an~ise appertaining, situated in the Cot~%ty of JACKSON, State of Oregon, described as C~FICIAL RI~ O~ JAC~ O~, G~ AS BOOK : 524, pA6~ 462, P.~ Ct; APRIL 25, 1962. STATE OF COUNTY OF SS. Personally appeared the above named and ack~nowledged the foregoing instrument to be -- Before me: volu/ltar~; act. (seal) Grantor: CITY OFASI]LA~) Notary Pttblic for My commission exq~ires Grantee: AFTER RECORDING RE/"JRN q~D: ~46 E MAIN S'Pa,I~, ~ ~R 97520 Order No. 756527-EV Exhibit 'A' That portion of Lot 2, Block 5, TIMBERLINE SUBDIVISION, in the City of Ashland, Jackson County, Oregon, situated in Section 15, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon, more particularly described as follows: Commencing at the Northeast corner of Lot 2, Block 5, TIMBERLINE SUBDIVISION, in the City of Ashland, Jackson County, Oregon, in Section 15, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon, which is monumented with a 3/4" crimped galvanized iron pipe; thence North 89°57' West, along the North boundary line of said subdivision, 135.00 feet, to a 3/4" tee-bar; thence South 00°33'40" West, 176.31 feet, to a 3/4" tee-bar; thence South 37°11'20'' East, 48.95 feet, to a 3/4" tee-bar; thence North 88~05' East, 15.0 feet, to a 3/4" tee-bar; thence along the ~rc of a 45.0 foot radius curve to the right, said arc having a central angle of 95°28'30", 74.98 feet, to a point on the Westerly boundary of Lot 6, said Block 5; thence along the Easterly boundary of Lot 2, said Block 5, the following courses: North 43~25' East, 49.04 feet; thence North 09"00' East, 5.00 feet, to a 5/8" iron pin; thence continuing North 09°00' East, 21.47 feet, to a 3/4" iron pipe, common to Lots 5 and 6, said Block 5: thence North 09"00' East, 80.0 feet, to a 3/4" crimped galvanized pipe, common to Lots 3 and 5, said Block 5; thence North 02"11' West, 121.78 feet, to the point of beginning. 03?409 GRANT OF RIGHT . Page: THIS AGREEMEN, T, mode lhis .i.~t ............day of ....l'l~'.~b, ............................. A. Di 19~..~.?,, by ~,~ between'. .................... x~l..~...N~i~er...~ ~. N, N~ g~b~ ~a wfeI ' ' part ~,~t~.... of the first part,and PACIFIC POWER & LIGHT COMPANY, a Maine corporation, part*/of the second WITNESSETH: That the said part..le.S, of the first part, for and in consideration bf the sum of One Dollar ($1.00) and other good and valuable considerations to ...~II.;~i ......... in hapd paid, the receipt whereof is hereby acknowledged, do .............. by these preser~ls grant to said party of the second part, i!s successors and assigns, a right of way for its pole and wire lines and other facilities for fha transmission and distribution of electriclty and also the right to remove or trim trees in said right of way, and trim those trees outside of the right of way, which may contacl the wire lines by encroaching on the right of way; ......................................................................................... .................................................................................................................... and to make the clearing necessary or desirable for the purposes aforesaid, across that certain real property, situated in ...s.T.~,)~e,~Dll- ....................................... County, State of ................ OZ~e~I3TL ............................. and more particularly described as Said right of way to be ....kO .......... feet wide, ....,~,Q ........... feet on .,..~.~ ............................ side of the pole and wire lines as now surveyed through said premises. Said parti~..of the first part grant .......... to the party of the second part the rigbl of ingress and egress to the right of way for the purpose of erectJon~ maintenance, repair~ or removal of the second party's electrical and transmission equipment, but reserves the right to cultivate said right of way. Nothing herein contained shall be construed as making the party of the second part an operator~ owner or person in possession as defined by the Forestry Code of the respective States of either Oregon or California, whichever State ma)' be the one wherein the premises~ which are the subject matter hereof~ ore located. IN WITNESS WHEREOF, said part..iet~L of the first part ha.~eL.., hereunto set ..,t~l~,~' .................. hand..l~... ~nd seal ~. , on the day and year first above written. K~i Win~lgl~.~,.....~.~.~!...N.,...~.~ ........................................ ,..., ...... n~ ~ ~ ~. ,~. CITY OF -ASHLAND Council Communication Title: Department: Date: Submitted By: Approved By: Synopsis: Appeal of Planning Action 2003-105 A request for a Conditional Use Permit to allow the existing 6,858 sq. ft. interior of the National Guard Armory facility, located at 1420 East Main Street, to be used for a variety of events, including trade shows, flea markets, community events, and private parties between the hours of 8:00 a.m. and midnight. Applicant: Oregon Military Department Planning Department November 18, 2003 John McLaughlin, Director of Comm~)~ Development Gino Grimaldi, City Administrator ~ The Oregon Military Department requested a Conditional Use Permit to use the Ashland National Guard Armory for a variety of temporary events, both public and private. Such public events could include blood drives, public school events, and holiday food distribution. Private events could include weddings, birthday parties and anniversary parties. Private commercial events could include trade shows, concerts, farmers markets and holiday bazaars. The Conditional Use Permit is required for temporary uses of a commercial nature not normally associated with the public purpose of the armory. The request was administratively approved by the staff in August, 2003. A heating was requested by several property owners in the surrounding area. On September 9, 2003, a public hearing was held in front of the Planning Commission, at which time testimony was accepted. After listening to neighborhood concerns, and testimony from the applicant, the Planning Commission approved the request, with conditions which state: "Conditional Uses shall be limited to 8:00 a.m. to 9:00 p.m. Sunday through Thursday, and 8:00 a,m. through 11:00 p.m. on Friday and Saturday." "No more than 12 conditional use activities occur past 7:00 p.m. during a given month." A timely appeal was filed by the Oregon Military Department on October 28, 2003, stating, among other points, that the "time and number of uses unfairly restricts the Oregon Military Department's ability to earn critical revenue. The Planning Commission's decision further restricts types of uses that would have minimal or no direct impact on the local neighborhood." Recommendation: The Planning Commission's decision has been included in the packet. Fiscal Impact: None. Background: The record for Planning Action 2003-105 is attached. CiTY OF , a SHLAND RECORD FOR PLANNING ACTION 2003-105 1420 EAST MAIN STREET REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW THE EXISTING 6,858 SQ. FT. INTERIOR OF THE NATIONAL GUARD ARMORY FACILITY TO BE USED FOR A VARIETY OF EVENTS, INCLUDING TRADE SHOWS, FLEA MARKETS COMMUNITY EVENTS, AND PRIVATE PARTIES BETWEEN THE HOURS OF 8:00 A.M. AND MIDNIGHT. COMPREHENSIVE PLAN DESIGNATION: SOUTHERN OREGON UNIVERSITY; ZONING: SO; ASSESSOR'S MAP #: 39 1E 10 D; TAX LOT: 1300. APPLICANT: OREGON MILITARY DEPARTMENT Notice of Public Hearing and related criteria Request for Appeal of PA2003-105 Findings Letter and Findings dated 10-17-03 Planning Commission Minutes dated 9-9-03 Planning Commission Minutes (amended) 10-14-03 Staff Repod Notice of Public Hearing and related criteria Letters requesting public hearing Notice of meeting of Hearings Board and related criteria Applicant's Findings Written Comments from Neighbors PaRe 1-2 3-4 5-8 9-12 13 14-19 20-21 22-31 32-33 34-39 40-45 Notice is hereby given that a PUBLIC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the ASHLAND CITY COUNCIL on NOVEMBER 18, 2003 at 7:00 p.m. at the ASHLAND CIVIC CENTER, 1175 East Main Street, Ashland, Oregon. A copy of the application, all documents and evidence relied upon by the applicant and applicable peteda are available for inspection at no cost and will be provided at reasonable cost, if requested. A copy of the Staff Repod will be available for inspection seven days prior to the haadng and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department, City Hall, 20 East Main Street, Ashland, Oregon 97520. Dudr~ the Public Hearing, the Mayor shall allow testimony from the applicant and those in attendance concerning this request. Tha Mayor shall have the dght to limit the length of testimony and require that comments be restdcteq to the applicable cdteda. Unless there is a continuance, if a participant so requests before the conclusion of the headng, the record shall remain open for at least seven days after the headng. Susan Yates at the Ashland Planning Department, Cib/Hall, at 541-552-2041. Our TTY phone number is 1~00-735-2900. PLANNING ACTION 2003-105 is a request for a Conditional Use Permit to allow the existing 6,858 sq. ft. interior of the National Guard Armory facility, located at 1420 East Main Street, to be used for a variety of events, including trade shows, flea markets, community events, and private parties between the hours of 8:00 a.m. and midnight. Comprehensive Plan Designation: Southern Oregon University; Zoning: SO; Assessor's Map #: 39 1E 10 D; Tax Lot: 1300. APPLICANT: Oregon Military Department I CONDITIONAL USE PERMITE 18.104.050 Approval Criteria. A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform through the imposition of conditions, with the following approval criteria. A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any city, State, or Federal law or program. B. That adequate capacity of City facilities for water, sewer,. paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: Similarity in scale, bulk, andcoverage. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. Architectural compatibility with the impact area. Air quality, including the generation of dust, odors, or other environmental pollutants. Generation of noise, light, and glare. The development of adjacent properties as envisioned in the ComPrehensive Plan. Other factors found to be relevant by the Hearing Authority for review of the proposed USe. OREGON MILITARY DEPARTMENT HEADQUARTERS, OREGON NATIONAL GUARD OFFICE OF THE ADJUTANT GENERAL 1776 MILITIA WAY P.O. BOX 1435O SALEM, OREGON 97309-5047 October 28, 2003 TO: Mr. Gino Grimaldi City Administrator's Office City Hall 20 East Main Street Ashland, OR 97520 SUBJECT: Notice of Appeal of Planning Action #2003-105 Dear Mr. Grimaldi, The Oregon Military Department wishes to appeal the City of Ashland's Planning Conunission Action #2003-105. This action pertains to the Oregon Military Department's application for a conditional use permit to allow the approximately 6,858 square feet o£the Ashland Armory and associated parking lot located at 1420 East Main Street to be used for a variety of events including growers' markets, trade shows, flea markets, meetings, community events, and private parties. A check in the amount of $264.00, made out to the City of Ashland, is attached for the required appeal application fee. Appellant's Name: Oregon Military Department Mailing Address: Oregon Military Department Headquarters, Oregon National Guard Attn: Installations/LTC Chilton P.O. Box 14350 Salem, OR 97309-5047 Decision Reference: The Oregon Military Department appeals the City of Ashland's Planning Commission Action//2003-105. Specifically, the time restrictions and the per month number of conditional use limitations placed on the use of the Ashland Armory as noted in Section 3. Decision., subparagraphs 7 and 8. Appellant Qualification: The Oregon Military Department qualifies for an appeal as the applicant per City of Ashland ordinance 18.108.110 paragraph B 1. Date of Decision: October 14, 2003 Date of Notification Letter: October 17, 2003 Date Notification Letter received by the Oregon Military Department: October 20, 2003 Grounds for Reversal or Modification: The time and number of uses unfairly restricts the Oregon Military Department's ability to earn critical revenue. The Planning Commission's decision further restricts types of use that would have minimal or no direct impact on the local neighborhood. The use of the property is consistent with the allowed uses in the SO zone, and therefore satisfies the criteria in the Ashland Municipal Code chapter 18.104.050A. In addition, the use satisfies the criteria under 18.104.050C. The current use of the property has no greater adverse effect on the livability of the impact area when compared to the uses that are allowed in the SO zone. Under both of those criteria, the use should be permitted without imposition of conditions regarding hours of use, and number of events. Finally, Chapter 18.104 does not authorize the imposition of temporary conditional use permits. The conditional use permit should not have an expiration date. Encl. CF: Mr. Eugene Milliron Ms. Julie Alves File LIEUTENANT COLONEL Rental Program Manager CITY OF -ASHLAND October 17, 2003 Lt. Col. Rendell Geroge Chilton Oregon Military Dept. Installations Div. - AG 1 1776 Militia Way, SE Salem, OR 97309-5047 RE: Plamfing Action #2003-105 Dear Lt. Col. Chilton: At its meeting of September 9, 2003, the Ashland Planning Commission approved your request for a Conditional Use Permit for the property located at 1420 East Main Street -- Assessor's Map # 39 1E 10 D, Tax Lot 1300. The Findings, Conclus~d~ders document, adopted at the October 14, 2003 meeting, is enclosed. Please note the foll0win~ms: 1. A final map prepared by a registered surveyor must be submitted within one year of the date of preliminary approval; otherwise, approval becomes invalid. A final plan must be submitted within 18 months of the date of preliminary approval; otherwise, approval becomes invalid. There is a 15-day appeal period which must elapse before a building permit may be issued. All of the conditions imposed by the Planning Commission must be fully met before an occupancy permit may be issued. Planmng Commission approval is valid for a period of one year only, after which time a new application would have to be submitted. Please feel free to call me at 488-5305 if you have any questions. Since ly,~ Senior Planner DEPT. OF COMMUNITY DEVELOPMENT 20 E. Main Sb-eet Ashland, Oregon 97520 Tel: 541488-5305 Fax: 541-552-2050 TTy: 800-735-2900 BEFORE THE PLANNING COMMISSION September 9, 2003 IN THE MATTER OF PLANNING ACTION #2003-105, A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW 6858 SQ.FT. OF THE INTERIOR OF THE NATIONAL GUARD ARMORY FACILITY, LOCATED AT 1420 EAST MAIN ST., TO BE USED FOR A VARIETY OF EVENTS INCLUDING TRADE SHOWS, FLEA MARKETS, COMMUNNITY EVENTS, AND PRIVATE PARTIES. ) FINDINGS, ) CONCLUSIONS ) AND ORDERS ) ) ) APPLICANT: Oregon Military Department RECITALS: 1) Tax lot 1300 of 391E 10D is located at 1420 East Main Street and is zoned SO, with a comprehensive plan designation of Southern Oregon University lands.. .2) The applicant is requesting a Conditional Use Permit to allow a portion of the interior space at the National Guard Armory facility (approximately 6,858sq.fi. in area) to be used for a variety of events including Trade Shows, Flea Markets, Community Events, and Private Parties. 3) The criteria for a Conditional Use Permit are described in Chapter 18.104 and are as follows: A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. (7. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: Similarity in scale, bulk, and coverage. 2) Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3.) Architectural compatibility with the impact area 4) Air quality, including the generation of dust, odors, or other environmental pollutants. 5) Generation of noise, light, and glare. 6) The development of adjacent properties as envisioned in the Comprehensive Plan. 7) Other factors found to be relevant by the Hearing.duthority for review of the proposed use. 4) The Planning Commission, following proper public notice, held a Public Hearing on September 9, 2003 at which time testimony was received and exhibits were presented. The Planning Commission approved the application as presented, with additional conditions of approval pertaining to the appropriate use of the site and hours of operation. Now, therefore, The Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The Planning Commission finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The Planning Commission finds that as no external modifications of the facility are proposed, the proposal will have no impact on bulk, scale or architectural compatibility. 2.3 The Planning Commission finds that site has adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation is provided to the subject property. Additionally the subject property was found to have adequate on-site parking for the intended uses. 2.4 The Planning Commission finds that the nature of the activities proposed adjacent to residential neighborhoods necessitated a limitation on the hours of operation of the Conditional Use Activities. The Commission conditioned that conditional uses be limited to to 8:00am to 9:00pm Sunday through Thursday, and 8:00am through 11:00pm on Friday and Saturday. 2.5 The Planning Commission finds that with the attached conditions, the conditional use(s) will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the Southern Oregon University zone. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that Conditional Use activities proposed at the National Guard Armory located at 1420 East Main Street as proposed are supported by evidence 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 # 2003-105. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action # 2003-105 is denied. The following are the conditions and they are attached to the approval: 1) 2) 3) 4) 5) 6) 7) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. That no Conditional Use of the interior of the Armory coincide with the exterior Conditional use by the Rogue Valley Growers and Crafters Market Tuesdays 7:00 am - 3:00 pm, April through November That the applicants obtain a Sign Permit prior to installation of any signs. All requirements of Chapter 18.96 shall be met. That the operation shall comply with the noise levels as required in 9.08.170 of the Ashland Municipal Code That a contact person for the facility shall be made available to address any concerns that may arise. This person shall be identified and contact information submitted to the Ashland Planning Division prior to operation of the Conditional Use. That all conditional uses shall comply with applicable fire and building code requirements prior to operation of the conditional use activities. That conditional uses shall be limited to 8:00am to 9:00pm Sunday through Thursday, and 8:00am through 11:00pm on Friday and Saturday. 8) That no more than 12 Conditional Use activities occur past 7:00pm during a given month. Planning Commissio~n Appro~al Date CITY OF -ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 9, 2003 CALL TO ORDER The meeting was called to order by Chair Russ Chapman. Other Commissioners present were John Fields, Colin Swales, Kerry KenCaim, Cameron Hanson and Mike Morris. Ray Kistler arrived at 8:00 p.m. Absent members were Dave Dotterrer and Marilyn Briggs. Staff present were John McLaughlin, Bill Molnar, Brandon Goldman, and Sue Yates. ANNOUNCEMENTS A study session is scheduled for September 23, 2003 at the Council Chambers at 7:00 p.m. The tentative subject is Citizens Planning Advisory Committee. Also, on September 23rd, there is an opportunity for community members to drop by the Community Development and Engineering Services Building at 4:00 p.m. to talk with a Plamfing Conunissioner or staff member. APPROVAL OF MINUTES AND FINDINGS The minutes of the August 12, 2003 Hearings Board were approved. The minutes of the August 12, 2003 Regular Meeting were approved. The minutes of the August 26, 2003 Joint Study Session were approved. The Findings for PA2003-071 (No. Mountain) were approved. The Findings for PA2003-053 (155 Strawberry) were approved. Swales noted that the writing on the blue and white planning action signs has disappeared offseveral signs. Staff is looking into a more permanent ink. PUBLIC FORUM - No one came forth to speak. TYPE II PUBLIC HEARINGS PLANNING ACTION 2003-105 REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW THE EXISTING 6,858 SQUARE FOOT INTERIOR OF THE NATIONAL GUARD ARMORY FACILITY, LOCATED AT 1420 EAST MAIN STREET, TO BE USED FOR A VARIETY OF EVENTS, INCLUDING TRADE SHOWS, FLEA MARKETS, COMMUNITY EVENTS, AND PRIVATE PARTIES BETWEEN THE HOURS OF 8:00 A.M. AND MIDNIGHT. APPECANT: OREGON MILITARY DEPARTMENT Site Visits and Ex Parle Corltacts - Site visits were made by all. Hanson stepped down as he had a conflict of interest. STAFF REPORT Goldman said this action was administratively approved in August 2003 and called up for a public hearing by several neighbors. There is already an existing Conditional Use Permit (CLIP) on the property for the Grower's Market. The property is in the SO zone and falls under the SOU Master Plan. This is a partnership area and available for lease to provide money back to the University and benefit to the community at large. There is access off Wightman. The central Ashland bike path provides pedestrian access. The uses are consistent and in conformance with their lease agreement with SOU. This involves use of only the interior space. Expansion of exterior space would require a different CUP than proposed. The SO zone allows for a variety of uses. Some uses require a CLIP. Staff has directed the applicant to apply for this permit, based on activities that are currently being held in the facility, namely the flea market activities held on Saturdays. Staff determined that activities that were part of the original proposal in 1987 were related to military installation use as well as for community functions. Flea market use and other conm~ercial activity and private parties may not be deemed community functions and would thereby require a CUP. The site has 200 parking spaces on site, with 30 reserved for National Guard. Floor area is 6800 sq. fi. or one parking space for every 40 sq. ft. of floor area. This exceeds the maximum requirement for the most intense use. Staff has determined there is adequate parking on-site for the intended uses. With regard to traffic capacity, East Main Street is a boulevard and can acconmaodate a range of traffic from 8,000 to 30,000 vehicle trips per day (vtpd). Taking into consideration the most recent counts in 2002 of 8016 vtpd on East Main, Staff believes there is adequate capacity to handle additional vehicle trips. Staff has some concerns relating to noise, particularly related to concert and dance use. The application states the noise will conform to local zoning codes. Staffhas suggested a condition of approval that a contact person for the facility be provided to the City and available so that should the use generate noise or have unintended impacts on the neighborhood, the City could contact an individual. Staff also has some fire code concerns. When the facility was built, it was designed for a National Guard Armory. The Fire Marshall has indicated that a number of those uses are going to trigger additional fire code requirements that may not be in place today. Prior to an event, the Fire Marshall will do a special inspection. Staffhas reconm~ended Condition 6, that all conditional uses shall comply with applicable fire and building code requirements prior to operation of the conditional use activities. Swales asked who pays for the special inspections. Goldman said it is a free service today, but the Fire Marshall is putting together a fee schedule. Swales asked if they could have a liquor license. McLaughlin said it is his understanding that if an event has a caterer, the caterer can have a liquor license. The location does not have to have a license. McLaughlin said two planning actions ago, this area was an opportunity area in the SO zone with no particular uses noted. That is when the armory, forensics lab and museum moved in. PUBLIC HEARING LT. COL RENDELL CHILTON, 1776 S. E. Militia Way, Salem, OR 97309-5047, said he manages about 38 armories around the state. It is his responsibility to go out and earn about $1.5 million every year. He works with some annual leases and many one-time events. The facility has rented spaces since 1987. The revenue is very important to the military department. They recognize they must be good neighbors in the communities they are in. Renters are responsible for following the OLCC rules. When they get calls complaining about noise or activity, they try to respond as quickly as possible. It is the responsibility of the renter to meet any sign requirements. He is familiar with the frre code. Chilton knows that many of the neighbom are concerned with this application. Most of their business is dog clubs, gymnastics, in other words, renters with the least impact. The traffic impact will not be as great as some might believe. The high attendance events would not occur during high traffic flows on East Main. Most of their business comes on the weekend, usually starting around 4:00 p.m. and running often to midnight. Some events have alcohol. Fifty-five percent of their business comes from the Hispanic community. They often ask to serve alcohol. They are often denied. Fields asked if they will be actively marketing the armory more than before or are they just trying to get it legal? Chilton said they are trying to get it legal but they are operating a business too. However, they want to be selective with rentals and make sure they conform. Chapman said the hours 8:00 a.m. to midnight raised a red flag for him. Operating until midnight every day of the week is a lot. Chilton said in none of their facilities do they operate seven days a week until midnight. The major producers are Salem and Medford, but even they don't rent every day. He felt they needed to apply for the maximum time limits for those who would want to use it during the week. KenCairn wondered if they could pare their hours. Chilton said they will do whatever the City will approve because the revenue is extremely important to them. Swales wondered if Chilton sees these uses in competition with business in town. This could be viewed as a publicly ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 9, 2003 subsidized facility being used for commercial activity. Would gun shows be coming to Ashland? lte is thinking about community members who would be concerned about that. Chilton said they only have one gun show and that takes place in Portland. Recent legislation has made it more difficult to have them. With regard to competition with businesses, Chilton said they fill a niche. A lot of communities don't provide the type of facility that would accommodate the events they have. He does a market analysis every year along with a rate schedule. He has to be sure he is not lower than the market so he does not use public funds too underbid a local competitor. JULIE ALVES, 251 E. Hersey Street, Regional Event Coordinator for the Armory, stated she believes they serve a purpose. The armory provides a venue that fills a need for 150 people. We are filling a big niche for the church market, for larger events where other facilities are not big enough. She does not see, as a resident of Ashland, that this will have a major impact in the neighborhood. Medford produces ten events per month. One weekend a month is reserved for the soldier's drill weekend. She believes this is good for the City of Ashland. KENT CUTTING, 1447 East Main Street, has lived right across from the armory since 1981. He was pleased when the armory was built there as well as the forensics lab and museum. They have been good neighbors. He believes we should support the military and that this facility is for conununity use. MARK POUND, Rogue Valley Grower's Market Manager, supports the CUP. The Growers have found the National Guard IS good to deal with. He would like to modify Condition 4 to state that the Grower's Market can move inside during inclement weather or year round. Ray Kistler arrived. SUSAN RUST, 42 N. Wightman, read a prepared statement in opposition to the application. With regard to the traffic, she does not want to see events go until midnight. Many older people are in bed by 10 p.m. If this is approved, she is concerned it will shift the burden of proof to the neighbors. The signs for the flea market were up for two months. The moneymakers for the armory are not gymnastics or weddings. The closest commercial establishment is the Rogue Valley Roasters. SELENE RAFFEL, 75 N. Wightman, said she concurs with Susan Rust. She leaves for work between 8 and 9 a.m. on Tuesdays. The Grower's Market looks exactly like Mountain and East Main before the traffic signal was installed. During the Grower's Market, there are cars parked all up and down Wightman. She has nothing against the Grower's market, but believe their neighborhood needs to be taken into consideration when deciding on the CUP. DEREK BUDD, 1395 Evergreen Lane, stated he has concerns with traffic, safety to children, and events booked solidly throughout the week. He said turning onto East Main from Fordyce or Wightman during peak times is a nightmare. The potential that events could be running at any time would adversely impact them. East Main is a route for children walking and biking to school. He supports the low impact venues. JOHANNA FISHER, President, Mill Pond Homeowner's Association, is speaking for herself and all in the Mill Pond Homeowner's Association. She can well understand the desire for the National Guard Armory to have more income with a facility that can bring them more revenue. She, however, objects to the way the CUP is worded. They will be allowed to have parties seven days a week until midnight everyday. She envisions people leaving a party at midnight, talking in the parking area, then finally getting in their cars and then zooming off in their cars. Think of the noise of 100 cars coming out ora parking lot. She will not accept the midnight deadline. Let's have a deadline of 10 p.m. And, parties lasting until 10 p.m. should be on weekends only. LOLA BROSBE, 198 N. Wightman, noted that Ashland is located between two mountains that can trap air pollution. She noticed that it can take up to two minutes for cars to enter East Main during the hours the Grower's Market is operating. She does not object to the use of the Grower's Market, she objects to additional air pollution caused by additional events. The entire air pollution in entire valley will increase to an unhealthy and unacceptable level. In addition, there is an increased potential for pedestrian and vehicular accidents. She is asking the request for a CUP be denied. Chapman read comments from MOSCHE ROSS, 157 Blue Heron, objecting particularly to increased activity and increased generation of noise. Rebuttal Chilton understands the neighbors concerns. He would be willing to meet with the Mill Pond Homeowner's Association to ASHLAND PLANNING COMMISSION REGULAR MEETING MINtJTES SEPTEMBER 9, 2003 I/ discuss the use of the armory. East Main Street has the capacity to handle increased traffic. The am~ory parking lot meets the City's requirement for parking. He wants to emphasize the volume of rentals will not be that much more significant than it has been over the past 14 years. Chapman noted, though, that Chilton has felt under pressure to increase revenues. Chilton said the money earned is to help offset the cost of maintaining and operating their facilities throughout the state. Staff Response Goldman said Condition 2 can still be applied. If the Grower's Market moves inside, it will fall under the CUP. With regard to the capacity of East Main, the average daily trips account for peak generation. As traffic continues to grow, the intersection could fail. Swales noticed the blue and white planning action sign was buried in the bushes. McLaughlin noted that much of the time it was out and almost on the sidewalk. Swales said this CUP has to be compared to the target use of the zone. This is a use that in many instances is purely commercial. He thinks it needs to be made clear what the actual target use is. Chapman feels some protection of the neighbors is deserved. Fields can't believe there is a market for much more than what they are getting now. As a community, do we want to have a place like this where we can have this type of venue? He doesn't think they will be having a bunch of loud rowdy parties. Swales said there have been no complaints by the neighbors yet. He believes they have been good neighbors in the past. The Commissioners suggested some earlier hours of operation. Kistler said the space utilization helps prevent sprawl. He wants to be careful about putting a stranglehold on the armory to the point where nothing can happen. KenCaim suggested a two hour buffer between events and limit the nightime uses. Swales said the armory will still be there whether we approve this or not. Anything we give them is a bonus. Chapman moved to approve the CUP operating no later than 9:00 p.m. Sunday through Thursday and no later than 10 p.m. on Friday and Saturday. There was no second and the motion failed. KenCairn moved to approve PA2003-105 with added Conditions 6, 7 and 8. Condition 6 relates to the Fire Code. Condition 7 to read that all conditional uses shall be limited from 8:00 a.m. to 9 p.m. Sunday through Thursday and 8:00 a.m. to 11 p.m. Friday and Saturday. Add Condition 8 that no more than 12 conditional use activities occur past 7:00 p.m. in a given month. The motion was seconded and approved with Fields voting "no" and Kistter abstaining. Hanson rejoined the meeting. TYPE III PLANNING ACTION PLANNING ACTION 2003-112 REQUEST FOR ANNEXATIONOF AN APPROXIMATELY 1.32 ACRE PARCEL, TWO-LOT LAND PARTITION AND A SITE REVIEW ON CLOVER LANE. THE APPLICATION IS FOR DEVELOPMENT OF AN APPROXIMATELY 9000 SQUARE FOOT COMMERCIAL/LIGHT MANUFACTURING BUILDING ON ONE PARCEL (BUILDING "A") AND AN APPROXIMATELY 10,000 SQUARE FOOT COMMERCIAL/LIGHT MANUFACTURING BUILDING ON THE OTHER PARCEL (BUILDING "B"). THE PROPOSAL INCLUDES A VARIANCE TO PERMIT TIlE EXTENSION OF AN EXISTING DEAD END PUBLIC STREET (I.E. CLOVER LANE) THAT CURRENTLY IS IN EXCESS OF 500 FEET IN LENGTH. APPLICANT: PACIFIC WESTERN OF MEDFORD, LLC Site Visits and Ex Parte Contacts - Site visits were made by all. STAFF REPORT Molnar said the Commission will be making the final decision on the Site Review, Variance and Land Partition and forwarding ASHLAND PLANNING COMMISSION 4 REGULAR MEETING MINUTES SEPTEMBER 9, 2003 CITY OF -AS H LA N D ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES OCTOBER 14, 2003 CALL TO ORDER Chair Russ Chapman called the meeting to order at 7:05 p.m. Other Commissioners present were Dave Dotterrer, Marilyn Briggs, John Fields, Mike Morris, Colin Swales, Cameron Hanson, and Kerry KenCaim. Ray Kistler was absent. Staffpresent were John McLaughlin, Bill Molnar, Mark Knox and Sue Yates. ANNOUNCEMENTS Chapman shid there would be a Planning Commission "Chat" on October 21, 2003 at the Community Development and Engineering Services office at 51 Winbum Way at 4:00 p.m. McLanghlin announced that Thursday, October 30, 2003, will be a kick-off meeting for the downtown design charrette for the Copeland Lumber block, including the City's parking lot (comer of Lithia Way and Pioneer). The Council has authorized City participation at looking for options for redevelopment of the entire block. The developers are having a charrette process to talk about the initial issues. McLaughlin believes this is a key meeting for the Commissioners and citizens. The charrette is scheduled for the first week of December (time and place to be announced). This initial meeting will take the place of the regularly scheduled Planning Commission Study Session on October 28th. McLaughlin announced a study session with the City Council regarding Now X2, regional planning. The Council wanted to look at the future growth areas one more time and have a discussion with the Planning Conmfission. That meeting is scheduled for Wednesday, October 22, 2003 at noon at the Council Chambers. APPROVAL OF MINUTES AND FINDINGS Hearinqs Board - The Minutes and Findings of the September 9, 2003 Hearings Board were approved. Reqular Meetinq -The Findings for PA2003-105 (National Guard Armory on East Main) and PA2003-112 (Pacific Western on Clover Lane) were approved. Minutes o! the September 9, 2003 Reqular Meetinq Swales noted in the testimony that the armory does not have its own liquor license but they could have functions where alcohol is served because the caterer can have a liquor license. Swales asked the minutes be amended to more closely reflect that Lt. Col. Chilton was referring to a Hispanic festival for families with minors in attendance and that was the reason for denying a liquor license, and that by no means was any discrimination intended. The Minutes were approved as amended. PUBLIC FORUM ROBERT OWENS, 67 ½ Alida Street, said he is a frequent user of the existing public pathways in Ashland, and of particular interest is the public walkway commonly used across the railroad tracks. He is also interested in the area between the railroad tracks/Oak StreeffHersey Street/Mountain Avenue that is soon to be developed. KenCaim told Owens about Ashland Woodland Trails Association and encouraged Owens to attend a meeting and talk about the urban connection and his perspective. McLaughlin said the AWTA works with the Parks Commission and they are currently working on a master trails plan. BILL STREET, 180 Meade Street, spoke about the planning process with regard to the big box ordinance. He reviewed the steps taken over the past three years and the meetings held to get to the place where the big box was adopted. The Planning Commission agreed unanimously on February 11, 2003 that the original interpretation of the big box should stand, that the 45,000 sq. ft. should refer to the gross square footage of a building in downtown Ashland. Throughout the process, Street had warned the City Council and the Planning Commission about the urgency of getting this established as law. It is clear that someone has taken advantage of this opportunity, has rushed their application through and is hoping that tonight the Planning Commission will role favorably on their behalf. He cited e-mails, conversations and meetings with various public officials and was ted to believe that if an application were to be made for a building greater than 45,000 square feet, that the application would be made known to the Council and public before being reviewed by the Planning Commission. ASHLAND PLANNING DEPARTMENT STAFF REPORT September 9, 2003 PLANNING ACTION: 2003-105 APPLICANT: Oregon Military Department LOCATION: 1420 East Main Street National Guard Armory Assessor's Map 39 1E 10D; Tax Lot 1300 ZONE DESIGNATION: SO COMPREHENSIVE PLAN DESIGNATION: Southern Oregon University ORDINANCE REFERENCE: 18.64 SO District 18.92 Off-Street Parking REQUEST: Conditional Use Permit to allow 6,858 sq.ft, of the interior of the National Guard Armory facility, located at 1420 East Main Street, to be used for a variety of events, including trade shows, flea markets, community events, and private parties between the hours of 8:00am and midnight. I. Relevant Facts Background - History of Application: The current application was administratively approved in August 2003. Subsequently, seven (7) property owners within the vicinity called it up for a public hearing in writing. These letters requesting a public hearing are included in the Commissioner's packet. q[lae subject parcel is located at the southeast comer of East Main Street and Wightman Street. The property is zoned SO and currently contains the National Guard Armory. The current proposal is to operate a variety of uses within the interior of the National Guard Armory. In April of 2003, the site received a conditional use pe~it (PA2002-106) to operate the Rogue Valley Growers & Crafters Market within a portion of the parking area. This growers and crafters market currently operates every Tuesday, April through mid-November. The site received Site Review approval in April of 1987 (PA#87-037) for the construction of the 22,500sq.ft. facility and associated landscape and parking improvements.. Ashland Planning Department September 9, 2003 Staff Report - Planning Action 2003-105 Page 1 2) Detailed Description of the Site and Proposal: The current site of the National Guard Armory sits on the northern edge of the Southern Oregon University Campus at the comer of East Main Street and Wightman Street. The property occupied by the Armory facility accounts for approximately 5.5 acres of the parent tax lot (Assessor's Map 39 1E 10D; Tax Lot 1300). The site contains 200 parking spaces, of which 30 are restricted for National Guard use only, therefore there remain 170 parking spaces for people attending the proposed events (see aerial photo below for parking layout). Access to the site is provided by East Main Street and Wightman Street. East Main Street is a Boulevard (arterial) with continuous sidewalks and bicycle lanes. Wightman is an Avenue (major collector) with continuous sidewalks. Pedestrian and bicycle access is also provided by the Central Ashland Bike Path on the south side of the railroad tracks immediately to the south of the facility. Project Overview The proposal is to allow 6,858 sq.ft of the 22,500sq.fl.interior of the National Guard Armory Facility to be used for a variety of events ranging from community sponsored activities (blood drives, holiday food distribution) to commercial markets and private parties (trade shows, flea marketg, weddings, dances and concerts). The applicant, the Oregon Military Department, is requesting Conditional Use Permit approval to rent the facility for public and private events from Ashland Planning Department September 9, 2003 Staff Report - Planning Action 2003~ 105 Page 2 /5- 8:00 am to midnight, 7 days a week. The application stipulates that such uses are in conformance with their existing lease agreement with the State of Oregon Department of Higher Education for use of the property. This proposal involves the use of a portion of the existing interior space only, and no new construction is proposed. The exterior parking lot is currently utilized by the Rogue Valley Growers and Crafters Market on Tuesdays and thus staff has recommended a condition that restricts the use of the interior space during the growers markets hours of operation. The Ashland Planning Department received a number of the letters regarding planning application 2003-105 that indicate an opposition to a "zoning change". It is important to note that no change in zoning is proposed, and the underlying zone "SO" will remain. The SO zone allows for a variety uses in that all uses which are directly related to the educational functions of SOU such as academic, recreational, residential, administrative, physical plant, theatrical, and other student services are permitted outright. If such uses are further than 50' from privately owned property, these uses are permitted outright (18.64.020) and needn't receive Conditional Use approval. The National Guard Armory site is on land leased from Southern Oregon University that is closer than 50' from privately owned properties (residents on East Main Street and Wightman Street). Therefore section 18.64.030 requires that any change of use not indicated in the SOU Master-plan shall apply for a Conditional Use Permit. Staff directed the applicant to apply for the Conditional Use permit due to the variety of events occurring at the facility and the proximity to the privately owned properties along the campus boundary. The applicant has submitted written findings addressing the criteria of approval for a Conditional Use Permit. II. Pro[ect Impact The proposed uses are to be compared to the impact of other uses within the SO zone. Such uses within the Southern Oregon University Campus include classrooms, food service, retail and concessions, a health center, a theater, a library, recreation facilities, and student housing. Given the underlying zone staffbelieves the proposed uses are comparable in impact to those uses common to the University. The facility has been used both as an Armory and intermittently as a Community Center since its construction in 1987. The Armory received Site-review approval in April of 1987 (PA#87-037) During the public heating regarding its original approval, it was represented as a building to be used as a "military installation as well as for community functions with enough square footage to accommodate approximately 400-500 people". From its inception the National Guard Armory has held community functions that are comparable to many of those currently being proposed. Staff believes that a change from such "community functions" to a more commercial use such as trade shows, flea markets, and private parties necessitates the Conditional Use Permit. Ashland Planning Department September 9, 2003 Staff Report - Planning Action 2003-105 Page 3 Community functions are typically periodic uses, whereas the commercial activities are a more consistent use (ie- area market every Saturday). The site is to remain unchanged by the proposal in that all structures, parking and landscaping are existing. The available parking on site (excluding those spaces reserved for National Guard Use) totals 170 spaces, a ratio of 1 parking space per 40 feet of floor area (6858/170). East Main Street is the primary access to the facility and is a Boulevard (arterial) with continuous sidewalks and bicycle lanes. The Street Design Standards indicate a Boulevard is to provide access to major urban activity centers and conne3ctions to regional traffic ways such as 1-5. The Average Daily Traffic (ADT) range on a boulevard is 8,000 - 30,000 motor vehicle trips per day. Given this intended use, and the current ADT of 8016 (Year 2002 count), staff believes East Main Street presently has adequate capacity to handle any additional vehicle trips generated by the proposed uses. Staff does have some measure of concern regarding noise, particularly as it relates to concerts, and dance uses. The application states that the "level of noise shall conform to local zoning codes". The applicable noise standards are detailed in chapter 9 of the Ashland Municipal Code and establish the maximum amount of noise (45 decibels) as detected at the nearest residential property. Due to the versatile nature of the proposed use of the space, compliance with the Ashland Noise Ordinance will be largely the responsibility of the applicant. This is not unique to this proposal, as all commercial and residential noise production is self-regulate. However, staff has also suggested a condition of approval that a contact person for the facility shall be made available to address any concerns that may arise. This person shall be identified and contact information submitted to the Ashland Planning Division prior to operation of the Conditional Use. This contact would be a matter of public record and could therefore be contacted by the City or impacted parties in the event violations of the noise ordinance occur. III. Procedural - Required Burden of Proof The criteria for a Conditional Use Permit are as follows: A. That the use wouM be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the Ashland Planning Department September 9, 2003 Staff Report - Planning Action 2003-105 Page 4 / 7 target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: I) Similarity in scale, bulk, and coverage. 2) Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity o)~J'acilities. 3) Architectural compatibility with the impact area 4) Air quality, including the generation of dust, odors, or other environmental pollutants. 5) Generation of noise, light, and glare. 6) The development of adjacent properties as envisioned in the Comprehensive Plan. 7) Other factors found to be relevant by the Hearing Authority for review of the proposed use. IV. Conclusions and Recommendations In Staff's opinion, the proposal to allow the National Guard Armory for a variety of uses is appropriate to the site and will have a minimal impact upon the vicinity when compared to uses permitted outright within the SO zone. Staff recommends approval of the Conditional Use Permit with the following conditions. 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That no Conditional Use of the interior of the Armory coincide with the exterior Conditional use by the Rogue Valley Growers and Crafters Market Tuesdays 7:00 am - 3:00 pm, April through November 3) That the applicants obtain a Sign Permit prior to installation of any signs. All requirements of Chapter 18.96 shall be met. Ashland Planning Department September 9, 2003 Staff Report - Planning Action 2003-105 Page 5 4) That the operation shall comply with the noise levels as required in 9.08.170 of the Ashland Municipal Code 5) That a contact person for the facility shall be made available to address any concerns that may arise. This person shall be identified and contact information submitted to the Ashland Planning Division prior to operation of the Conditional Use. Ashland Planning Department September 9, 2003 Staff Report - Planning Action 2003-105 Page 6 Notice is hereby given that a PUBLIC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the ASHLAND PLANNING COMMISSION on September 0, 2003 at 7:00 p.m. at the ASHLAND CIVIC CENTER, '1 t75 East Main Street, Ashland, Oregon. there Is a comin~a~ce, If a paticipant so mq~ests before lhe conclusion ef ~e headng, ~e recoil shall remain open '~' at least seven days after the hearing. If 3~J have at Ihe Ashland P~nntng D~ Clty Haft, at 541-552.-2041. O~x 3-1'Y phone numbe~ PLANNING ACTION 2003-t05 is a request for a Conditional Use Permit to allow the existing 6,858 sq. ft. interior of the National Guard Armory facility, located at 1420 East Main Street, to be used for a variety of events, includ!ng trade shows, flea markets, community events, and private parties between the hours of 8:00 a.m. and midnight. Comprehensive Plan Designation: Southern Oregon University; Zoning: SO; Assessor's Map #: 39 1 E 10 D; Tax Lot: 1300. APPLICANT: Oregon Military Department CONDITIONAL USE PERMITS 18.104.050 Approval Criteria. A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform through the imposition of conditions, with the following approval criteria. A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: Similarity in scale, bulk, and coverage. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. Architectural compatibility with the impact area. Air quality, including the generation of dust, odors, or other environmental pollutants. Generation cf noise, light, and glare. The development of adjacent properties as envisioned in the Comprehensive Plan. Other factors found to be relevant by the Hearing Authority for review of the proposed use. SUSAN P. RUST P.O. Box 3505 Ashland, Oregon 97520 (541) 482- 3 25 9 / sprmouse~mind.net 25 july 2003 John McLaughlin, Director Planning Department Ashland, OR 97520 Reference Planning Action 2003-105 Dear Mr. McLaughlin, The notice of Planning Action 2003-105 regarding a conditional use penmt for the National Guard Armory facility arrived in today's mail. The notice says that the Planning Department has preliminarily approved the action and that in order for a public hearing on this issue to be scheduled, affected property owners must write to request it. I am an affected property owner at 42 N. Wightman, a quarter block from the armory, and am writing to request a public hearing on this issue. The permit would allow for use of the armory from 8am till midnight (every day) for a variety of activities. I perceive this as a significant threat to the character and livability of this neighborhood. Most of us chose to live here because it is a quiet, attractive, residential area. The armory (as a military storage facility), forensics lab, museum, and nearby schools and churches all seemed compatible within our residential matrix. About half of this neighborhood's CMill Pond) residents are retired and live here because it is a respectful, quiet place with a strong sense of internal commurdty and order. Most of us tend to engage in low key family activities (outside in summer), with our neighbor's peace and quiet in mind, and many of us retire well before midnight. As it is, when the high school or college are having home games in the stadiums, it almost sounds as though the games were being played in one's backyard. However, the games are occasional and for reasonably short duration and are therefore tolerable. Noise from increased traffic on E. Main is already an issue. Increased noise from even more traffic, possible "revelry," and other, most particularly evening, activities at the armory is most certainly going to reduce the attractiveness and enjoyment of this area. There is already a substantial traffic problem at the intersection of E. Main and Wightman during the school year from 7:30-9am and from 2:30-4pm. This summer the construction work on Siskiyou diverted traffic to E. Main, so the traffic has continued to be substantial even in the absence of the usual school activities. Thc opening of Science Works has somewhat increased traffic, particularly a~ Walker and E. Main. Besides these, the area is continuing to experience additional housing dev4!opment (several residences which are in place are not noted on the map you sent and at least 3 additional ones right at E. Main and Wightman are planned.) Chataqua Trace, Meadowbrook, and new developments (existing and planned) between them will add ever more traffic and further reduce safety for pedestrians and cyclists, particularly school children, who routinely travel between Ashland High School, Walker Elementary School, and Ashland Middle School and the residential neighborhoods of Mill Pond, Roca Creek, Romeo, and those several neighborhoods west of Fordyce. Increased use of the armory will exacerbate an already growing problem of traffic congestion and public safety. The kind of traffic increase in this case will not be pedestrian, bicycle, or mass transit (noted as beneficial in Criteria C, 2) If use of the armory in the evenings is allowed, it is almost a given that increased lighting w/il follow. At the moment, these neighborhoods are very judiciously lighted with respectful street lamps or intermittent pubhc street lights. Appreciation of our night sky on evening walks is still possible. I doubt this will remain the case with night use of the armory. This summer the Grower's and Crafter's Market has been allowed to use the Armory. Although there is a noticeable increase in traffic during the Tuesday hours, and people attending the market do park in front of my house and others on this street, it has not caused undo problems. If this were to occur every day from 8am to midnight, it would be a problem. There have been several flea markets held at the armory this summer and this has been somewhat more problematic with numerous unsightly signs, increased traffic, and neighborhood parking. Still, because these have been rather rare events, they have been tolerable. Again, if these occurred with any frequency and extended hours, they would be a problem. Changes in reduced livability resulting from increased and particularly rdghttime use of the armory will not only impact me, my neighbors, and the surrounding existing neighborhoods, but are likely to reduce property values as well as the desirability of building or buying in this area. I strongly oppose this planning action as it is currently written. I will look forward to an opportumty to learn more about SO zoning and about how it might be possible to utilize the inside of the armory to a greater extent without negatively impacting the residents in this area. Please advise me as soon as possible as to when the public hearing on this issue will be conducted. Thank you. Susan P. Rust Affected Property Owner Planning Commission Hearing - 9/9/03 Conditional Use Permit Application for the Ashland Armory My name is Susan Rust I live in the Mill Pond Neighborhood at 42 N. Wightman. Thank you for holding this hearing to consider our concerns about this planning action. The several nearby neighborhoods, SOU family housing complex, and other homes in the vicinity of the armory have been and continue to be quiet, safe, and attractive. The variety of homeowners and renters, (representing a mix of retired individuals, young families, professionals, and older students), have chosen to live in this area for these reasons. That is why I bought my home there. This intersection is very heavily used by bicyclists and pedestrians (particularly children going and coming from various schools nearby and playing in the new little park and by residents exercising and generally interacting with each other). The normal rhythm of the surrounding neighborhood residents tends to be off to work around 8 am, returning around 5 pm, followed by quiet family time and social interacting in the backyard or around the neighborhood until around 9 or 10 pm. Many residents retire early in the evenings. The various institutional activities which currently occur in this part of Ashland (schools, research facilities, churches, offices, the museum, and the armory - as a limited military facility) are compatible with the character of these residential areas. At present, the closest commercial establishment to the corner is Rogue Valley Roasting Company (a half mile away, very small, and with limited hours of operation). The traffic and safety issues already associated with the schools in this part of town (particularly from 7:30-9:00 am and 2:30-4:30 pm), the parking issues associated with the flea and grower's markets (which have been permiRed to use the armory on a limited basis this summer), and the noise generated by activities at the two stadiums are already of concern to residents. Yet all of these problems are of short duration and associated with compatible activities during reasonable hours. Operation of the armory facility for commercial and non-commercial activities from 8 am to midnight in this otherwise quiet residential section of town does not seem in any way compatible. I believe that if this permit is granted, the disrupting impacts on the surrounding neighborhoods and to this general area of Ashland with regard to traffic, noise, safety, lighting, and parking will be considerable, exacerbating existing problems and crea~g new ones. Further, I believe that granting this permit could represent the beginning of general commercial development along E. Main between Fordyce and Clay. Maybe that is the intent?! I fail to see anything positive about approving this application and can project any variety of negative outcomes. I ask you to deny this application. [Why is the Oregon Military Department requesting this? Why is SOU supporting it? Does it have something to do with funding homeland security or supplementing a diminishing state education budget? Will granting this permit set a precedent? Why has the media not covered it or the City made its citizens aware of it? (The planning action sign was stuck on the Grower's Market sign which was visible to the street for less than 2 weeks.) What will this mean to property values? How will this change the entire character of these neighborhoods and this area of Ashland?] JUL 2 200 A /~. ~.0. ~,,, ~oz ..~ ~ ' ' Ir~ j~'''~ ~lllfllJJlJJ~ July 28, 2003 John McLaughlin,Director Ashland Planning Department Ashland OR Reference Planning Action 2003-105 Dear John, This letter is in response to the conditional use permit action 2003-105. As president of the Mill Pond HOmewoners Association, I am concerned about permitting activities at the National Guard Armory that can continue until midnight. As you know, we are a small, quiet neighborhood with mostly senior residents. I was concerned when the city permitted the Growers and Crafters Market to use the parking lot of the National Guard Armory because of the likelihood that people would park their cars in front of homes on N.Wightman. Although that has happened, it is minimally disruptive since the market is only open during morning hours and only on Tuesdays during the summer months. The new permit-#2003-105- will allow the Armory to use their building for a variety of events including trade shows, community events and private parties that can continue until midnight. My concern is that, once the e~er[tbreaks up at midnight, large groups of people will exit on a well-lit parking area.They will continue their conversations, start up their cars and drive away creating such a high level of noise that many of our residents will awaken from their sleep. In addition, these events could be scheduled frequently all through the year. I can understand the desire of the Oregon Military Department to increase their income. If the events could be limited to a 10 PM closing, it may not impact our community to the same degree. Therefore, I ask to be granted permission to represent my homeowners association at a public hearing before the Ashland Planning Commission on the planning of action 2003-105. Johanna Fisher, President susan y~tes- Req~'~S('{or Heari~ng i:e Armory Use Zoni~g~C,.~.P~ ~age~ From: To: Date: Subject: "S. C. Abrahams" <sca@mind.net> <sue@ashland .or.us> 8/2/03 7:53AM Request for Hearing re Armory Use Zoning Change Ashland Planning Commission We have been informed that the Armory (corner of E. Main and Wightman) is requesting a zoning change so that private/public, commercial/non-commercial activities can be held on their property on any day of their choice from 8 until midnight. Even before the farmers' market started its operations at the Armory on Tuesdays, we have found the traffica on E. Main has increased by a factor of 2 or more due to the construction work on Siskiyou Blvd. On Farmers' Market day, it increases fudher. We each walk daily to locations requiring us to cross E. Main, I to SOU and my wife to the Presbyterian Church, Market of Choice or other establishments. Crossing E. Main has become increasingly hazardous and we are concerned that the danger to pedestrians will increase even further with the requested zoning change. Incidentally, we also note the speed of much of the traffic along E, Main at the intersection with Mallard Street habitually exceeds the posted 25 mph limit. In addition to these safety concerns, we would note that on the occasions the Armory is used for events that generateloud music of the raucous pop variety, the noise is most disturbing in our otherwise quiet neighborhood. For these and related reasons, we therefore request a public hearing on Planning Action 2003-105. Sincerely, Rhoda B. and Sidney C. Abrahams 89 Mallard Street Ashland From: To: Date: Subject: "Bruce Barnes" <bebames@jeffnet.org> <sue@ashland .or.us> 8~4~03 2:39PM Fw: National Guard Armory Usage Subject: National Guard Armory Usage Dear Ms Yates, I am a resident of the Millpond neighborhood situated directly across East Main Street from the national guard armory. I have many concerns about the proposed use of the armory for public commercial/non-commercial activities. Strongest among these concerns are the proposed hours of 8:00 am to midnight and the noise and traffic resulting from these activities. My husband, Bruce, and I urge that a public hearing be held so that we and many other neighbors and citizens may have a voice in a decision that could be detrimental to the quality of our lives and to the financial worth of our properties, Thank you. Sincerely, Nancy Barnes 132 Blue Heron Lane Ashland, Oregon 201-1947 From: To: Date: Subject: "D.G. Johnson" <dando@opendoor.com> <sue@ashland .or.us> 8/1/03 10:44AM Zone Change at Armory Hello. My wife and I recently heard that the Armory at the corner of E. Main and N. Wightman may undergo a zone change that would allow commercial and non-commercial activity every day from 8 a,m. to midnight. We live in the Millpond development and have noticed the increase in traffic on Tuesdays when the farmers' market operates. While we don't object to that limited activity so far~ we can imagine what it could be like if the flood gates are opened for a variety of uses. We am very concerned about noise and traffic and the overall change of character in a beautiful neighborhood that such a zoning change could cause, We therefore request a public hearing on Planning Action 2003-105, Sincerely, Dave and Ollie Johnson I Susan yates-Planning,, ~ Action 200~-105~ ,, Page 1 From: To: Date: Subject: "Edith Montgomery" <feiffei@mind.net> "Ashland Planning Department" <sue~ashland.or.us> 8/1/03 12:39PM Planning Action 2003-105 I am a resident of Mill Pond. I request a hearing on the above Planning Action. To allow frequent commemial activities at East Main and Wightman would adversly impact the Mill Pond subdivision. Already on Tuesday morning it is neady impossible to turn left from Mill Pond onto East Main because of the increased traffic caused by the market. Parking for the market spills over into Mill Pond. I can hear noise from the Middle School, High School and North Mountain Park. How much more would be th~ noise heard from evening events at the Armory which is just across the street. Edith Montgomery 156 Blue Heron Ashland 482-2378 COLLEEN HELTZEL 66 N. Wightman Ashland, OR 97520 John McLaughlin, Director Planning Department City of Ashland, Oregon August 4. 2003 RE: Planning Action 2003-105 -and- Request for a Public Hearinq on that Planninq Action Dear Mr. McLaughlin: I strongly urge the Planning Department not to allow the Conditional Use Permit at the National Guard Armory for a variety of events. Activities from 8:00A.M. until midnight would adversely effect the surrounding areas, not just my property at 66 N. Wightman, half a block away. Generation of traffic: There already is a sub- stantial traffic problem at the intersection of East Main and Wightman. More events at the Armory would only create more traffic and noise. The safety of school children traveling on foot or bike to and from the four schools in Zhe area would be greatly reduced. Generation of noise, liqht and glare: Noise travels more than a block in the area. When home games are played at the high school or college, it sounds as though they are in our own back yards. Fortunately, however, this doesn't happen every week, nor do the games last until midnight, More activity at night would most likely generate more lighting, more cars, and therefore, more glare. Compatibility with the impact area: Since the neighborhood is largely a residentia~ area, the proposed changes would result in reduced livability. Such changes could conceivably reduce property values as well as the desirability of living or buying in the "impact" area. Sincerely, Colleen Heltzel The Ashland Planning Department preliminarily approved this request on July 23, 2003. This action will be reviewed, by the Ashland Planning Commission Headngs Board at 1:30 p.m. on August 12, 2003 at the Ashland Civic Center, 1175 East Main Street, Ashland, Oregon. No public testimony is allowed at this review. Any affected property owner or resident has a right to request, AT NO CHARGE, a public hearing before the Ashland Planning Commission on this action. To exercise this dght, a WRI'I-rEN request must be received In the Planning Department, 20 East Main Street, prior to 3:00 p.m. on August 4, 2003. The written request for the public heariog must include your name, address, the file number oftbe planning action and the specific grounds for which the decision should be reversed or modified, based on the applicable criteria. If you do not SPECIFICALLY REQUEST A PUBLIC HEARING by the time and date stated above~ there will be no public testimony permitted. If a headng is requested, it will be scheduled for the following month. Unless there is a continuance, ifa pariicipant so requests before the conclusion of the heating, the record shall remain open for at least seven days after the headng. opportunity to respond to Ihe Issue, precludes your dght o~ appeal to Ihe Land Use Board of Nppeals (LUBA) c~ that Issue. Failure ~ specify which o~dinance cfiter ton the o~ect~ copy of the applicat~cn, ali docun-~nts and evkle~..e relied upo~ by ~e applicant and applicalfle criteria are available fcr Ir~pectJo~ at no cost and w~ll be provided at Our ~ phone number is 1 ~00-735-2900. PLANNING ACTION 2003-105 is a request for a Conditional Use Permit to allow the existing 6,858 sq. ft. interior of the National Guard Armory facility, located at 1420 East Main Street, to be used for a variety of events, including trade shows, flea markets, community events, and private parties between the hours of 8:00 a.m. and midnight. Comprehensive Plan Designation: Southern Oregon University; Zoning: SO; Assessor's Map #: 39 1E 10 D; Tax Lot: 1300. APPLICANT: Oregon Military Department CONDiTIONaL USE ~8..104.050 ADDroval Criteria. A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform through the imposition of conditions, with the following approval criteria. A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. That adequate capacity of city facilities for water, sewer,. paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. C. That the conditional use will have no greater adverse material effect on the livability Of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and'coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity ~ . of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent Properties as envisioned in the Comprehensive Plan. ?. Other factors found to be relevant by the Hearing Authority for review of the proposed use. 06/06/2003 FRi 10;28 FAX 503 5~4 35~4 OREGON MILIIAR~ DEFI ~Oud/UU4 CITY OF ASHLAND PLANNING APPLICATION (CONDITIONAL USE PERMIT) PROPOSED USE: The Oregon Military Depmtment proposes to to rent the Ashland Armory to generate revenue. This revenue is critical to the financial health of the Department as a state agency. Examples of renters are: Government use by Federal, S 'tare, County, and local government agencies; Community Events such as public school graduations, blood drives, child inoculations, and holiday food distribution; Private Events such as baptismals, weddings, birthday parties, and annivemary parties; Commercial Events such as trade shows, public dances, concerts, flea markets, farmers markets, holiday bazams, gymnastics clubs and dog clubs. FINDINGS OF FACT (Section 18.104.050 Approval Criteria) The Oregon Military Department's proposed use of the Ashtand Armory shall be or can be made, through thc imposition of conditions, to conform to all standards within the zoning disfict in which the use is proposed to be located and in conformance with relevant Comprehensive plan policies that are implemented by any City, State, of Federal law or program. The Oregon Military Department's proposed use conforms to the land use agreement with the State of Oregon's Department of Higher Education and specifically Southern Oregon State College dated 5 January 1979. The Oregon Military Department shall ensure that adequate capacity of City facilities for water, sewer, paved access to and through the property, electricity, urban storm drainage, and adequate transportation can and shall be provided to and through subject property for the proposed use. The Oregon Military Department's proposed conditional use shall have no greater adverse material effect on thc livability of the impact area when compared to the development of the subject lot with the target use of the zone. Evaluation of thc effect of proposed use on the impact area: 1. Similarity in scale, bulk, and coverage: Evaluation: The proposed use is similar in scale, hulk, and coverage as that of the college district. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. Evaluation: Any increase in traffic should have a minimal impact on surrounding streets since the Ash[and Armory has traditionally been used for drilling soldiers and as a community center. 06/06/2003 FRI 10:29 FAX 503 584 3584 OREGON MILITARY DEPT ~oo4/oo4 CITY OF ASHLAND PLANNING APPLICATION (CONDITIONAL USE PERMIT) CONTINUED 3. Architectural compatibility with the impact area. Evaluation: The Ashland Armory is a pre-existing structure that is compatible with the college district. No alterations to the structure are planned_ 4. Air quality, including generation of dust, odors, or other environmental pollutants. Evaluation: The proposed use shall have minimal or no impact on air quality. The types of rentals shall not generate dust, odors or other enviromnental pollutasxts. 5. Generation of noise, light, and glare. Evaluation: The proposed use, dcpt~nding on the type orrental, could produce noise bul the level &noise shall conform to local zoning codes. There would be no increase to the an~otmt of light and glare that currently exists within the zoning district. 6. The development of adjacent properties as envisioned in the Comprehensive Plan- Evaluation: The proposed usc will not impact the development &adjacent properties. 7. Other factors found to be relevant by the Hearing Authority for review of proposed None Submitted 2 $5' 96/18/2003 ~D 14:26 FAX 503 584 3584 OREGON MILITARY DEPT ~002/002 Chilton, Rendell G OR-ARNG To: Subject: goldmanb~lashland.or, us Milliren, Eugene OR-ARNG; Denney, Dan G OR-ARNG Ashland Armory Conditional Use Permit Brandoll, The following additional information you requested for the Ashland Armory conditional use permit is provided as follows: 1. What will be the hours of the rentals? The hours of operation for rental events at the Ashland Armory wiJl normally be between B:00 AM and 12 Midnight. Naturally, this depends on the type of rental. Tool Shows, Government Agency Rentals, Flea Markets and Farmers Markets would be during the daylight hours both during the weekdays as well as weekends. Private parties (e.g. weddings, birthday parties) and musical events would occur in the late afternoon to evening hours more often on weekends than dudng the week 2. What is the interior square footage that will be rented? The square footage for the ~shland A~'mory Auditorium is 5,850 SF, There are two classrooms that also have a potential for renting. The first ~lassroom is 504 SF. This is a normal classroom with tables and chairs. The second classroom is a Distance LeamingAAdeoteleconferencing reom. This room is also 504 SF. The total rentable square foOtage is 6,858 SF. 3, VVhat is the total number of armory parking spaces? There are 170 parking spaces et the armory with 4 of these being handicap parking. 4. Is there sufficient parking to meet the one parking space to 350 SF requirement? Total rentable SF of 6,858 divided by 350 SF [] 19,59 parking spaces, There are sufficient parking spaces available if I am understanding the cede correctly. I do not have a record of anything else that you asked for. However, ff I missed something, I would recommend contacting Mr Gene Milliren al the Ashland Armory. Gene's commercial number is (541) 482-5819. His pager number is (541) 732- 1139. Gene manages the rental program atthe Ashland Armory. He is the person most knowledgeable ofthe facility and the rentals. Direct coordination with him is authorized on our part and will help preclude any delays in getting information, I will fax this message to you just in case, Thanks for your help! Rendell G. Chilton Lieutenant Colonel Rental Program Manager Commercial Phone: ($03) $84-3530 Fax Phone; (503) 584-3S84 Cell Phone: (503) 70'1-8324 Pager: (503) 780-1162 e-mail address: chlltonr@or-arng,ngb.army.mll REC_tFIVED JUN 1 8 2003 [~nd0n Goldman ~ RE: Ashland Armory Conditional Use Permit Page 1 From: To: Date: Subject: <Eugene. Milliron@or.ngb.army.mil> <BrandonG@ashland.or.us> 6/19/03 8:00AM RE: Ashland Armory Conditional Use Permit Brandon, To answer your questions (1) The number of parking spaces dose not include the fenced in parking area, witch has additional 30 spaces totaling 200 slots on site, however these slots are not open to the public, so there are not included in the 170 count for public parking. (2) With the size of the facility, it makes almost impossible to have two events share the same space. This would create a multitude of problems for the users, customers, and us. This would not be a problem. I hope this answers your questions, and if you need anything just let me know, I will help in any way I can. Thank you gene. ..... Original Message .... From: Chilton, Rendell G OR-ARNG Sent: Wednesday, June 18, 2003 3:25 PM To: Milliron, Eugene OR-ARNG Cc: Denney, Dan G OR-ARNG; Swafford, Roy D OR-ARNG; Hutchison, Stanley A OR-ARNG Subject: FW: Ashland Armory Conditional Use Permit ..... Original Message .... From: Brandon Goldman [mailto:BrandonG@ashland.or.us] Sent: Wednesday, June 18, 2003 3:10 PM To: RendelI.Chilton@or.ngb.army.mil Subject: Re: Ashland Armory Conditional Use Permit Lieutenant Colonel Chilton, Thank you for the quick response. I will contact Mr Milliron for the additional information I need. I do appreciate your providing the details you have, and just for your know~edge I will be asking Mr. Milliron for written clarifications on a few points. 1 ) Of the 170 parking spaces on site I know many are dedicated for use by the National Guard vehicle use exclusively (fenced area) and as such how many spaces are open and available to the general public during an event (such as the flea market) 2) We would also like a written statement asserting that the use of the interior space for the Conditional Uses will not conflict with other operations on site, such as the Tuesday Growers Market that utilizes the parking lot, or use of the facility for soldier drilling concurrent with a rental event. Our concern is that your application clearly demonstrate that under no circumstances will the operation of the interior run concurrently with activities outside that eliminate the available parking (thereby displacing it off site). As I mentioned I will follow up with the local contact and appreciate the details you've provided thus far. Thank You, Brandon Goldman I Brandon Goldman - RE: Ashland Armory Conditional Use Permit Page City of Ashland Planning Dept. 20 East Main St. Ashland, OR 97520 Goldmanb@ashland.or.us 541-552-2076 TTY#: 800-735-2900 >>> <Rendell.Chilton@or.ngb.army.mil> 6/18/03 2:16:48 PM >>> Brandon, The following additional information you requested for the Ashland Armory conditional use permit is provided as follows: 1. What will be the hours of the rentals? The hours of operation for rental events at the Ashland Armory will normally be between 8:00 AM and 12 Midnight. Naturally, times of events depends on the type of rental. Tool Shows, Government Agency Rentals, Flea Markets and Farmers Markets would be during the daylight hours both during the weekdays as well as weekends. Private parties (e.g. weddings, birthday parties) and musical events would occur in the late afternoon to evening hours more often on weekends than during the week. 2. What is the interior square footage that will be rented? The square footage for the Ashland Armory Auditorium is 5,850 SF. There are two classrooms that also have a potential for renting. The first classroom is 504 SF. This is a normal classroom with tables and chairs. The second classroom is a Distance LearningNideoteleconferencing room with work desks, computers and video screens. This room is also 504 SF. The total rentable square footage is 6,858 SF. 3. What is the total number of armory parking spaces? There are 170 parking spaces at the armory with 4 of these being handicap parking. 4. Is there sufficient parking to meet the one parking space to 350 SF requirement? Total rentable SF of 6,858 divided by 350 SF = 19.59 parking spaces. There are sufficient parking spaces available if I am understanding the code correctly. I do not have a record of anything else that you asked for. However, if I missed something, I would recommend contacting Mr Gene Milliron at the Ashland Armory. Gene's commercial number is (541) 482-5819. His pager number is (541) 732-1139. Gene manages the rental program at the Ashland Armory. He is the person most knowledgeable of the facility and the rentals. Direct coordination with him is authorized on our part and will help preclude any delays in getting information. I will fax this message to you just in case. Thanks for your help! Rendell G. Chilton SUSAN P. RUST P.O. Box 3505 Ashland, Oregon 97520 (541) 482-3259/sprmouse .(~_,mind.nct RE: Public Hearing on Planning Action 2003-105 November 2003 Mayor DeBoer & Council Members Ashland City Council - City Hall 20 E. Main St. Ashland, OR 97520 Dear Mayor and Council Members, It's hard to know where to start and yet keep this communication concise and on point. Maybe the best place is to express my frustration, dismay, and profound anxiety over the appeal by the Oregon Military Dept. of the Planning Commission's decision (10/14/03) relative to the proposed use of the National Guard Armory facility. This planning action, when it was originally proposed, was so gut wrenching to most of the neighbors of this area that we hardly knew how to respond. After the initial shock of the original Conditional Use Permit (CUP) application, the neighbors xvrote letters of concern and requested a public heating. This ~vas granted. (I'm sure you have all letters and the testimony from the long meeting and the even longer Planning Commission deliberations.) The residents, (except for one who rents the armory for his flea market), were legitimately concerned about safety, noise, lights, traffic, precedence for further commercial development, and other likely results of granting the CUP. The OR Military Dept. was concerned about making money (as it obviously still is). The woman who books events for the Medford Armory tried to draw direct comparisons between that facility (located well away from any residential area) and this one (right in the middle of residential development and 7 schools)! In the end, the neighbors weren't able to block granting the CUP or even to prevail in restricting the hours of facility operation to 9:00-5:00. The Military got most of what it wanted but at least not the completely unrestricted use of the facility for any kind of activity from 8 to midnight every day. The Planning Commission deliberations were thorough and reasoned. The formula they developed may seem a bit convoluted but it appeared fair to all sides. In the end, the compromise they devised seemed to be a workable solution. The residents and the OR Military Dept. seemed willing to abide by the decision and most felt gratified that, at a fundamental level, "the process worked." At this point, I can only hope with all my heart that you will deny the appeal and let stand the compromise that was forged by the Planning Commission. Sincerely, Susan P. Rust, Affected Resident RE: Grounds for Reversal claimed by the OR Military Department I, personally, had carefully checked the zoning in this area before purchasing my home and believed that SO zoning was compatible with the surrounding R-2 zoning and would, in fact, help protect the quality of residential life in this part of Ashland. SO zoning allows for a variety of uses "xvhich are directly related to the educational functions of SOU such as academic, recreational, residential, administrative, physical plant, theatrical, and other student services," assuming they are more than 50' away from private property. Nowhere does it mention commercial (profit-making) activities or any sort of use that rmght threaten thc peace, quiet, and safety of the residents and visitors in thc surrounding homes, parks, bikeways, and schools. It wasn't until the Planning Commission hearing that we were made aware of a special arrangement for the use of the "North Campus" land that apparently expands options for development between E. Main and the railroad macks. It's something called a "Partnership" area in the SOU Master Plan, but I still see NOTHING suggesting commercial use or development - at least none specified. All examples given seem to be reasonable extensions of what is already allowed by SO zoning, even though they are privately run (i.e. Science Works, the USIrWS Forensics Lab, and even the Armory - assuming it is used to train people and provide community services). I don't believe a "reasonable person" would imagine that flea markets, parties, weddings, concerts, and any variety of commercial and/or late night activities were part of the plan. The claim that the uses envisioned by the OR Military Dept. would have minimal or no direct impact on the local neighborhood is simply not true yet the burden of proof for negative impacts is already placed upon the residents, not the military. This seems patently unfair under any cS:cumstances. cc:McLaughhn, Zinser, Mill Pond BOD 11/13/03 11;27 '~541 488 5311 CITY ~ALL-ADglN. ~uul 75 N Wightman Street Ashland, OR 97520 November 12, 2003 Members of the Ashland City Council 20 East Main Street Ashland. OR 97520 RE: Planning Action 2003-105 - Conditional Usc Permit to allow National Guard Armory to host activities from 8:00 a.m.-midnight 365 days/year Dear Members of the City Council: On September 9, 2003, my neighbors and I attended an Ashland planning Commission meeting in order to provide public comment on Planning Action 2003- 105. We presented the Planning Commissioners with our concerns regarding the National Guard ~d'mory's application for permi_~sion to host activities 8:00 a.m. to midnight 7 days a weelc We stressed that we live in a very quiet neighborhood With many retired seniors who mm in for the night at 9 or 10 p.m_ All of us emphasized how our neighborhood's iivability would be negatively impacted if gatherings were permitted until midnight any day of the week. We were worried about the noise that would be generated by late night gatherings and the traffic noise that would be caused by cars leaving the parking lot at midnight_ Lt. Col. Chilton of the National Guard stressed that the Armory could not be a real money maker for the National Guard if there were not plenty of opportunities for using the facility unttl late at night and on any day of the week. At the same time, he said that the Armory wanted to be a good neighbor and that there were no plans in the works for frequent evening events. The Commissioners understood both our concerns and those of Lt Col. Chilton~ They wisely m~afted a compromise that would protect our neighborhood's livabflity while allowing the Armo~ to provide much needed extra revenue. They decided that the conditional uses should be limited to 8 a.m. - 9 p.m. Sunday thru Thursday and 8 a.m. - 11:00 p.m. Friday and Saturday. In addition, late activities past 7 p.m. were limited to 12 per month_ Now we find ourselves having to present our concerns once again. However, this time we reali?e that the National Guard does not really want to be a good neighbor because they actually do want to host more than 12 late night events per month and do want those events to go until midnight. They couldn't care less about the livability of our neighborhood. The National Guard does not even respect the work of our Planning Commissioners who took the time to create a viable compromise. 11/13/03 11:28 9541 488 5311 CITY HALL-AD]lIN. ~J002 My neighbors and I ask that you uphold the requirements of Conditional Use Pei,,,~ts which stipulate that the generation of noise in the impact area should not be a negative factor in its livability_ Thank you for your consideration in this matter. Sincerely, Selene V. Raffel Susan yates - PLANNING ACTION 2003-105 Page I From: To: Date: Subject: "S. C. Abrahams" <sca@mind.net> <yatess@ashland.or.us> 11/8/03 11:11AM PLANNING ACTION 2003-105 Ms. Susan Yates Ashland Planning Department Dear Ms. Yates: I was unpleasantly surprised and disturbed to receive notification that a second Public Hearing has been scheduled at the request of the Oregon Military Department concerning their application for a Conditional Use Permit to allow use of the interior of the National Guard Armory facility for a variety of events between the hours of 8:00 a.m. and midnight. The first Public Hearing before the Planning Commission was a model of civic discourse in which two sides presented widely different views - the Oregon Military Department wanted no restrictions on their use of the Armory whereas their residential neighbors wanted to retain the quiet neighborhood in which they had built or purchased their homes by banning any late night events. We were all concerned by the inevitable noise and disturbance that late night events such as were contemplated by the Oregon Military Department would cause. Any event attended by social groups that go on until midnight are likely to create noise and disturbance as late as another hour (i.e. until 1 a.m.) after the event ends while participants chat outside, get into their cars, slam doors, then leave. After much discussion, a compromise was reached that we thought had satisfied both parties. Now we learn that the Oregon Military Department have decided to appeal the Planning Commission's ruling. Accordingly, I respectfully request that City Council acts to confirm the Planning Commission's ruling. Sincerely S. C. Abrahams 89 Mallard Street Ashland Outgoing mail is certified Virus Free. Checked by AVG anti-virus system (http://www.grisoft.com). Version: 6.0.537/Virus Database: 332- Release Date: 11/6/2003 CC: <awdb@aol.com> 3OHANNA FISHER, Ph.D., Ed.D. ASHLAND OREGON 97520 Dear City Council Members, As president of the Mill Pond Home Owners Association, I am very disappointed that the Oregon Military De- partment did not respect the thoughtful judgement of the Ashland Planning Commission and are now appealing their decision. I appreciate the military's need for "critical revenue" and the Planning Commission gave them 99% of what they asked for. The dividing issue is the granting of per- mission to hold events seven days a week from 8 AM to midnight. The Commission did not restrict the number of days that events could be held but only the allowance that every event continue until midnight. The decision to per- mit events to continue to 11 PM on Fridays and Saturdays gives the military 104 late night events each year. For the majority of the events, such as trade shows and flea markets, a 9 P.M. closing is typical. The original criteria of the Ashland Land Use Ordinance explicitly states,"That the conditional use will have no greater adverse material effect on the livability of the impact area" such as "generation of noise,light and glare". It was with the acceptance of those criteria that the ordinance was framed. For the military to selfishly abandon the initial premise, to have so little concern for their neighbors for the excuse that they need more money is unjustifiable. We are a small, quiet community and if you permit the military to have parties until midnight seven days a week, you leave us to suffer from the noise, as large par~ies of 50-100 people, many drunk, leave the indoors at midnight to come to the parking lot, calling out to friends and starting up 60-80 cars at about Q ~ , waking us from our sleep, you will be causing a situation that will be hazardous to our health. I do not believe that the City Council will allow such a disruptive force in our city. Si ~ni~e~ely, ~ . Johanna Fisher Ph.D. Ellen Dey 64 Mallard Street Ashland, OR 97520 November 13, 2003 Mr. Gino Grimaldi City Administrator's Office City Hall 20 East Main Street Ashland, OB 97520 RE: Appeal of Planning Actiona2003-105 Dear Mr. Grimaldi, I am dismayed that the Oregon National Guard has dec~ded not to honor the agreement which was reached with the homeowners in the neighborhood in September, 2003. This was an agreement reached by a process of guided compromise on both sides which granted additional use of the armory with some restriction on the hours and frequency of events. It is my understanding that this property, owned by Southern Oregon University, is zoned for educational use: "The SO zone allows for a variety of uses in that all uses which are directly related to the educational functions of SOU such as academic, recreational, residential, administrative, physical plant, theatrical, and other student services are permitted outright." The armory serves as a "...military installation as well as (a venue for) community functions..." I do not consider private dances, concerts, etc. to be within the definition of "community functions" because there is no benef5t to the community as a whole. The military department is attempting to pursue financial gain at the expense of and against the wishes of local residents. It is the residents who will be inconvenienced by the additional noise, traffic and incidents of illegal parking which are already occurring due to the activities which are currently allowed at the armory. The request for extensive on-going use of the armory for commercial pursuits also sets a precedent for additional commercial enterprises along the length of East Main Street. I chose to live in a quiet, non-commercial neighborhood. I plead with you to deny the request of the military to be allowed to use the armory for commercial purposes seven days a week from 8:00 am to 12:00 pm. Though I would prefer there be no commercial use of this property, I would agree to stand by the original compromise reached at the September hearing. Sincerely, Afl.u/wi, OR 97520 (5q-'l)/t. 88-1959 November 13, 2003 Mayor Alan DeBoer & Council Members Ashland City Council 20 E. Main St. Ashland, OR 97520 RE: Public Heating on Planning Action 2003-105 Dear Mayor DeBoer and Council Members: Two or three years ago I saw a bumper sticker that read, "Won't it be a great day when the schools have all the money they need and the Air Force has to hold a bake sale to buy a bomber!" Today the schools still have to hold bake sales, but apparently the Oregon National Guard is short of funding, too--and if they get their way at the Ashland Armory, that site will be buzzing with flea markets, growers' markets, dances, and all other manner of commemial activities in my neighborhood day and night at their will. As it is fight now, the weekly growers' market creates a problem for neighbors because of increased traffic flow. I've had more problems getting onto E. Main from N. Wightman or Mallard on Tuesdays as a result but haven't minded too much because it's just one activity once a week. If we get more traffic still from increased commercial activity at the armory, nearby residents will search for other ways to get to their destinations. I would probably wind up going the back way through residential areas not designed for through traffic, such as the Ashland Village development. Although, as I understand it, East Main was designed for more volume than it now carries, it makes no sense to let the volume increase without good reason and careful thought about how it affects neighborhoods. This was all hashed out and resolved in a democratic spirit at a recent Planning Commission meeting. Now here we go again. I encourage you to support that compromise and deny this latest move by the folks at the armory. Abiding by the compromise limits, they should do just fine. Granting their wishes will affect our neighborhood negatively not only because of traffic but noise, especially at night when most of us want some peace and quiet. I'll add one more item that may not seem relevant but nevertheless concerns me and explains why I feel that this current spat with the armory adds insult to injury. Many of us in the Millpond development moved here because we loved the beautiful and quiet ambience. My wife and I bought our property on the pond in 1989 because we were thrilled with its beauty. The City of Ashland inadvertently took away our millpond because of the flood control project it completed a few years ago. That project diverted most of the ground water that kept the pond full or nearly full even during the drought years in the early or mid-1990s. Right now it stands mostly dry. We have installed a pump to get water from Paradise Creek, but that, we have found, is not adequate. We have asked TID to restore water flow from Roca Creek, which we used until somewhere around 1989, but so far nothing has happened with that request. So instead of the Millpond Homeowners' Association sporting an historical and beautiful pond, we have a less- than-appealing "meadow." That memory lingers in our minds as we deal with yet another problem affecting the livability of our neighborhood. Sincerely, A~ON: PAUI~BROWN ~q'~_ ~c~ ~0~)~ FROM: .IIM b'FA~TON'E (503-36~7.~.8, fanchaw@yahoo.com) 11112d03 To members of the Ashland City Council, My wife, Erika Leppmnnn; and I spent months looking for a house in Ashland which would suit our needs and match our budget. Having no success within the city limits, last spring we purchased a small house at 1525 Tolman Creek Rd. It sits on a .2 acre parcel of land and was built in 1935. The house sloped tea inches from one comer to the opposite corner, daylight could be seen around some of the windows, wiring was questionable at best, etc. As a residential builder these did not seem like insurmountable problems. However, a serious allempt to level the structure produced unacceptable results. It was at this point we realized we would have to replace the dwelling. Later we would learn of a failure on the part of the sellers to disclose a broken line between the septic lank and the drain field. la preparation for building a replacement dwelling we were required by Jackson County to apply for a Fuelbreak Reduction p~rmit due to the size of the loc We were asked to satisfy flood plain and Ashland airport concerns. Over months, and considerable expense, these tasks were accomplished prior to submitting building plans. At the time plans were submitted we were asked to uncover the septic tank and enUance to the drain field for county inspection. The system failed to meet county app,,,val. In addition to the system failure itself, the lot is too small to accommodate both weal and se~ic systcms as explained in the attached Jackson County Authorization Notice Application signed by Robin Davis, dated 11/4/03. We find ourselves in the wholly unintended circumstance of having to ask the City of Ashland to be hooked up to the city's sewer line at Green Meadows Road. Connection to the city's sewer system lm.~ been considered by all concerned the most pennammt and most sanitary sointion to the current well/septic situation. An easement for a drain field on the neighbor's property was researched and denied. Also, Hamilton Creek runs directly behind the property before making its short way into the city limiLs. We realize that snch a connection will require an amendment to the city's ordinance regarding city sewer hookups outside the UGB. We are appealing for such an ~mendmenL We would also agree to pay all required expenses. A workable, though less desirable option would be to vacate the well on the propo~y and tap into the city's water system. This would alleviate the proximity conflict between the well and septic systems and free up space for a more viable drain field. The city's water line already extends some 600 to 700 feet outside the UGB in the direction of om; property. I have had assmance~ from officials at the county level that Encroachment Easement permits for either type of connection can be granted. A document to this effect from Mike Kantz of Jackson County Public Works is ~-~ed. In the Fall of 2(102 my wife, Erika, was able to retom to her native Oregon from the Midwest when a teaching position in her field opened up si Southern Oregon Univra~ty. Her contribution to students in her fh'~t year at SOU has been noiable. Her contribution to the I. Iniversity and to the Ashland community is c~ain to continue. I look forw~mi to moving to Ashland myseff to live full-time with my wife for the tim time in seven years. We would like to keep our property and remain in Ashland. The alternative to being granted access to a city utility is likely to result in the loss of the Tolman Creek property and the loss of our financial investment which was the produci of years of saving. Thank you for your time and for your attention to this issue. This is very imporiant to us. Jim Fesiherstone d AUTHORIZATION NOTICE APPLICATION t/naoo3 3:31PM APPLICATION NO.: SEP2003-00490 JACKSON ogaoaoo UNTY ISSUED: C~t gpl ]~XPIRES: SITE ADDRESS: 1525 TOLMAN CR RD TYPE OF WORI~ Aath Notice With Site Visit MAP1.D.: 39-1E-23-1900 PROPOSEDUSE: R-eplaeementResidence ACRES: 0.20 EXISTINO$~IRUCIX.IKE: SlngleFamllyR~idence # OF BEDROOMS: 2 PROJECT I~SCRIPTI(~I: SEPTIC INSPECTION TO REPLACE RESIDENCE. HOUSE WILL BE BUILT IN TWO PHASF~. PER OWNER WHEN COMPLETE, HOUSE WILL HAVE TWO BEDROOMS AND TWO STUDYS(NO CLOSETS) OWNER WILL CALL WHEN DIRT IS R~MOVED I~ROM TOP OF TANK, INLET,OUTLET AaND CONNECTION AT DRAINFIELD. DIRECYION~ TO PROPER'I'Y: ASHI~ND NOFES: $OYCE FE ATHERSTONE 548 C ST ASHLANE,, OR 97520 Mall To: FEATHERSTONE JIM P.O. BOX 282 MANZANITA, OR 97130 Pheae I: 503-368-7548 .Type Date Amount Auth Notice 9/30/2003 335.00 ~c~ic Surcharg~ 9/30/2003 40.00 Total: $375.00 Activities Desea4ptlon Date Planning/Zoning Review 9/30F2003 Application Received 9/30/2003 Application Complete 10/09/2003 Septic Tank Uncovered 10~9/2003 Additional Information 10/14/2003 Aath Notice Denied 11/04/2003 Aulh Notice ln~ction I 1/04/2003 Au& Notice Inapec~on 11/04/2003 D~e 1 On :t 0-20-03 1 conducted an authorization inspection on the above referenced propertT. The concrete septic tank was exposed at the thee of my Odd inve~tlgation. It appears that the old cast iron effluent sewer has been replaced with PVC at ~ome point in the recent past. Peim of t.be east iron pipe were lying on the site filled with debris that most likely had occluded the outlet of the tank. The connection to the dralnfleld revealed an infiltrator unit that was iustatied at approxinmtaly 36 inches deep. The length or grade of the disposal trmnch eould not be deterndned. I( is clear based on the age of the nmterialS that · repair system was installed on site Without · permit and thus the ezisting ~stem Is illegal. Ba~d on the illegal status ~f the lystem connection can not be authorized. The 0.2 aere lot has severe space Umltlntlous that my mite finding · reasonable site for system replaeement Impossible~ The well Is aituated sueb that there is not space available on the lot for a septic meeUng the required 100 foot setback= Even ffwe Infringe on the wsil setback It is questionable if a reasonable sized s~tem will fit on the lot. I have requested that the owner talk to the C'Xty of Ashinnd to see if thore is any way tlmt be could connect to sewer. If not we wm dlactms an on site repeh' under a ma)or repelr permit. Any system iustallaUon on this lot would be substandard baaed on epaee limitations. Connection to elty sewer or Installation of a replaeemeut system on a neighboring lot with an easement are the best alternatives. loft From: To: Date: Subject: Paula Brown Fran berteau 11/13/03 10:38AM Fwd: Re: 1525 Tolman Creek Rd. other background thanks Paula >>> Paula Brown 11/07/03 01:07PM >>> Jim- here is the response I got from our attorney. My recommendation is that you talk to the County about the possibility of obtaining City water (will require you to get a change to the resolution, but that is easier than trying to get sewer) and using your site for the septic system. The sewer connection is not allowed by LCDC (Land Conservation and Development Commission) Rules and would require that the county/state allow a goal exception - then having you come to the City for an ordinance exception. In any event, as I was telling you earlier, it will be a tough sell to the Council as the City is not obliged to serve outside city limits and does net have strong precidence for serving anythign outside the UGB. Our focus is to provide services for our City customers within the City limits and our future customers within the UGB. but - look at this and let me know your thoughts. thanks Paula Brown SEWER here is the difficulty in extending sewer lines outside the UGB: Rules adopted by LCDC to implement the statewide Planning goal 11: Public Facilities and Services, OAR 660-015-0000(11 ), provide that "Counties shall not allow the establishment of new sewer systems outside urban growth boundaries or unincorporated community boundaries, or allow new extensions of sewer lines from within urban growth boundaries or unincorporated community boundaries to land outside those boundaries." It is an exception to this rule that must be sought in order to extend any sewer line beyond the UGB. Exceptions are expensive and time consuming and the City has never sought one. WATER State law regarding the delivery of water outside the UGB is more liberal. Rules adopted under the Public Facilities and Services Goal, Goal 11 referenced above, provide that local land use regulations may allow the creation or extension in rural areas so long as newly created systems or extensions are not used to justify higher densities for residential development based on the availability of the water system. (OAR 660-011-0065). The city, however, does not permit waterline extensions outside the UGB pursuant to resolution 97-27. Section 2.C of this resolution would allow certain extensions outside the city for residential use but not outside the UGB (see section 2.C5): "SECTION 2. Premises outside the city may be connected to the city water system only as follows: "C. Connections authorized by resolution of the council where the council finds: 1. The connection is determined to be in the best interest of the City of Ashland and to not be detrimental to the City's water facilities or resources. 2. The applicant secures, in writing, a statement from the Environmental Health Division, Health Department, Jackson County, Oregon, that the existing water system for the premises has failed. 3. The failed water system cannot feasibly be repaired or improved and there is no other feasible source of water for the premises. 4. An Ashland water main or line exists within 100 feet of the premises. 5. The connection is to premises within the city's urban growth boundary." >>> Paula Brown 11/6/03 9:16:46 AM >>> >>> Paula Brown 11/04/03 04:11 PM >>> HI Jim- now I have the full stow - or am listening to the full stoW. It was my understanding that this was to be a new home, so you are in better shape. But... your request would likely take an ordinance to amend the City code. It is my understanding that you are outside the Urban Growth Boundary (which is why you need the exception). Here are the Ashland Municipal Code requirements (reprinted at the end of this message). Once you look at them, give me a call (541-552-2411). The meeting on the 18th is tight. We can probably do it, but staff would not be able to recommend with the exception. And we will nedd a letter from Jackson County. thanks and good luck Paula Brown 14.08.030 Connection - Outside City, Inside Urban Growth Boundary An occupied dwelling or building located outside the City of Ashland and inside the urban growth boundary may be connected to the sewer system when such connection is determined by the Ashland City Council to be in the best interest of the City of Ashland and to not be detrimental to the City's sewerage facilities. Such connection shall be made only upon the following conditions: A. The applicant for sewer service pays the sewer connection fee and the systems development charges established by the City Council. B. In the event a dwelling or building connected to the sewer system is subsequently replaced for any reason, then the replacement dwelling or building may connected to the sewer system of the City as long as the use of the sewer system will not be increased as determined by the Director of Public Works. C. The applicant shall be responsible for the full cost of extending the City of Ashland sewer main or line to the property for which sewer service is being requested. D. The applicant shall secure, in writing, statements from Jackson County that the existing sewage system has failed and that the provision of sewer by the City of Ashland does not conflict with the Jackson County Comprehensive Plan, support documents, rules, or regulations. E. The applicant furnish to the City a consent to the annexation of the land, signed by the owners of record and notarized so that it may be recorded by the City and binding on future owners of the land. F. The applicant shall provide for the payment to the City by the owners, at the time of annexation, an amount equal to the current assessment for liabilities and indebtedness previously contracted by a public service district, such as Jackson County Fire District No. 5, multiplied by the number of years remaining on such indebtedness, so that the land may be withdrawn from such public service districts in accord with ORS 222.520 and at no present or future expense to the City. G. The owner shall execute a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City. H. That the land is within the Urban Growth Boundary. (Ord 2704, 1993; Ord 2861, 2000) >>> jim featherstone <fanchaw~,,yahoo.com> 11/04/03 01:21 PM >>> Dear Ms. Brown, Last spring my wife and I purchased a small piece of property at 1525 Tolman Creek Rd., just outside the Ashland city limits. The house on the property was built in 1935. In preparation for making major repairs we were required by Jackson County to uncover the septic system for inspection. The system was found to be malfunctioning (something I now believe the sellers knew about but failed to disclose). I spoke with Robin Davis (Jackson County Planning), this morning and she said she had spoken with you about the situation that remains for the .2 acre parcel so I will not go into great detail in this email regarding a situation about which you are already aware. I would like to appeal our situation to the city in a more formal, and far more detailed, letter within the next few days. I hope, however, that this preliminary correspondence will suffice to get on the agenda for your November 18th meeting. Any advice you might have with regard to best stating our case would be greatly appreciated. One bit of information Robin Davis relayed to me from her conversation with you is that any hookup to city utilities would have to be made through the county right-of-way. This morning I had two conversations with Mike Lutz of Jackson County Public Works (774-6241), and he has assured me that there will be no problem getting the necessary encroachment permit, once tentative permission is granted by the city to create a hookup. Thank you for your time and for your attention to this matter. I will be in touch soon. I may be reached at 503-368-7548 or via email. Also, my wife is a professor at SOU and can be reached at 552-0987. if there are any forms which need to be picked up she will be more than happy to do so. Sincerely, Jim Featherstone UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue Seattle, Washington 98101 November 4, 2003 Reply To Attn Of: ECO-088 98-078-AFS John Schuyler, Acting District Ranger Ashland Ranger District United States Forest Service Rogue River National Forest 645 Washington Street Ashlm~d OR 97520 Dear Mr. Schuyler: We have revJcwcd thc draft Environmental hnpact Statement (ELS) for thc Mt. Ashland Ski Area Expansion, (CEQ Number: 030337) in Ashland and Scott River Ranger Districts, Rogue River National Forests in Southxvestem Oregon. We have conducted this review in accordancc xvith our responsibilitics under the National Environmental Policy Act (NEPA) and Section 309 of the Clean Air Act. The draft ElS examines five action alternatives and the no-actiou alternative. Altcrnativc 1, the no- action alternative, would continue operation of the existing ski area facility and continue with existing management activities. Alternative 2, the proposed action, would include development of ncw ski areas including ski lifts and runs on thc east and xvest sides of thc Middle Fork of the East Fork of Ashland Creek (thc Middle Fork), west of the CmTent ski area, xvidening of existing runs, development of a tubing facility, several guest service buildings, lighting, a number of infrastructure improvements, and expansion of the existing parking lot. Alternative 3 is similar to Alternative 2 but avoids locating ski runs and lifts on the west side of the Middle Fork. Alternative 4 places thc expansion area about a half-mile to thc cast of the existing ski areas at a location rcferrcd to in the ElS as "Thc Knoll." Alternative 5 adds additional ski terrain and lilts mostly within the prcsent ski area "footprint." Alternative 6 is very similar to thc proposed action, but it reduces ski facility development in thc Middle Fork. Alternative 6 is identified as the US Forest Service's prcfcrrcd alternative in the EIS. We commend the Forest Service for responding to public comment by making substantial changes in the proposed actiou since the original draft EIS was published in February 2000. We have rated the preferred alternative in thc ElS, EC ~ 2 (Environmental Conccrns ~ Insufficient Information). Our major concerns arc that the Ski Area expansion may increase erosion in the highly erosive soils of the expansion area, causing water quality effects downstreain in Cottonwood and Ashland Creek, the latter of which is thc City of Ashland's water supply; the addition of impervious surface l[br parking could degrade water quality in Cottonwood and Ashland Creek; and ski area construction may adversely affect the flow regime and wetlands in uppcr Ashland Creek during loxv flow situations in thc drought season. In addition, we are concerned that watershed scale effects to riparian reserves cmmot bc rulcd out, which would put some Northwest Forest Plan (NWFP) Aquatic Conservation Strategy objectives at risk of not being met. 2 Accordingly, ~vc believe that thc most environmentally preferable dcvelopmcnt alternative would be Alternative 3, or some similar project design that limits constructing ski lifts and runs to the east side of thc East Fork o£the [~;ast Branch of Ashland Creek, and reduces thc effects to all of these resources ovcr the entire prc~iecI site. We concur with the Forest Service that Alternative 6 is cnvironmentally preferable to Alternative 2. This rating and a summm3/of our comments will be published in the Federal Register. A copy of thc rating systcm used in conducting our review is enclosed for your rcferencc. Thank you for thc opportunity to review this draft ElS. If you xvould likc to discuss this letter, please contact Jonathan Freedman at (206) 553-0266. Sincercly, Ihdith kec~orle Lee, Manager - . ~/Gcograplnc Unit Enclose. ires EPA's Detailed Comments on the Mt. Ashland Ski Area Expansion Purpose and Need Thc pu~T~OSC and need discussion has been greatly cxpanded from the previous draft to specifically analyze each separate goal the project is attempting to achieve and describe how thc EIS developed each altcmative to respond to thc mix of needs presented. The EIS also more fully discusses the question of skier demand in local, regional and national contexts. We generally concur with Purposes t-5, and strongly support Purpose 6: Maintain and hnprove Trend of Watershed Recovery. Alternatives Thc ElS has taken a thorough look at alternatives, including the addition o f Alternative 4, which examined expansion in the Knoll area, and the addition of Alternatives 3, 5, and 6, xvbicb respond to environmental considerations that were added to project goals sincc preparation of the original ElS. We commend the Forest Service for being responsive to public input and making major improvements in the analysis of alternatives m order to minimize environmental impacts. We have a strong preference for Alternative 3. Based on infbrmation presented in thc ElS, we conclude that in the critical area of effects to aquatic resources, including water quality, instream flows, erosion and scdiruentation, Alternative 3 would entail less risk of environmental damage in Ashland Creek basin than with cither Alternative 2 or Alternative 6. This is because ski lifts and ski runs would be confined to thc east side of the critical upper portion of the East Fork drainage. In addition, Alternative 3 limits both direct and indirect impacts to the McDonald's Peak Roadlcss Area and avoids direct impacts to thc regionally rare Engelmann spruce grove. According to the infnrmation in the EIS, Alternative 3 accomplishes most of the terrain balance and diversity purposes as well or almost as well as Alternatives 2 and 6 and docs so at less economic risk than the latter two. According to information in Chapter 2, the substantive difference between Alternatives 2, 3 and 6 is that the first two create about 25% more novice terraio and 20% more intermediate terrain than Alternative 3. In Appendix i of the ElS, the financial feasibility analysis states that "the perfommncc of 2, 3, and 6 is reasonably similar." It also states that Alternative 3, unlike tbc other alternatives, yields a favorable economic result under low, medium, and high visitor scenario trends. This fignre is attributed to lower capitalization costs, and because less capital is put at risk. We recommend that thc Forest Service select Alternative 3, or a version of it that confines development to the east side of the East Fork drainage. Water Quality and Impervious Surfaces EPA has concerns about potential project effects on water quality in Ashland and Cottonwood Creeks. Ashland Creek discharges into Reedcr Reservoir, the source of water supply for the City of Ashland. Reeder Reservoir is a Clean Water Act Section 303(d) listed water quality limited water body tbr sedimentation. Upper Ashland Creek is considered impaired and may be listed as impaired on thc 303(d) list for high temperatures. There is little data on Cottonwood Creek, although it is a tributary to the Klamath River, which is classi fled as an impaired stream. We are concerned about the addition of impervious surface for the expansion of parking at the Mt. Ashland Ski Area. Construction could increase sediment delivery to the headwaters of Cottonwood Creek, while usc of the parking lot and operation of could increase the discharge of contaminants and sediment from parking lot runoffand road sanding. Maintenance of ski runs with motorized equipment in closer proximity to surface waters than before could cause an increase in the discharge ofcontamh~ants, particularly in Ashland Creek. The EIS should include specific estimates of increases in contaminant loading, and about the proposed treatment and control of pollutants from the new impervious surfaces and ski runs. This may include the location, size and type ofoil / water separators, stormwater ponds, water quality swales or settling ponds and proposed operation and maintenance of these t~acilities. We are also concerned about the predicted lack of effects of vegetation and land clearing on stream temperatures m the project area. Thc ElS should provide some justification to support the conclusion that no changes to stream water temperatures would occur. lnstream Flows EPA has concerns about potential project effects on surface water flo~v in Ashland Creek, which as noted above, discharges into Reeder Reservoir, the source of water sapply for the City of Ashland. Ski area expansion may cause a change in the flow regime in creeks draining the project area, particularly Ashland Creek. All action alteruatives include the addition of impervious surface, and disturbance associated with vegetation aud land clearing associated with the Ski Area expansion such as construction of ski runs and lifts on steep slopes with unstable soils. These activities can change thc periodicity ofsurlhce runoff; increase creek flows during "rain on snow" storm events, and increase the potential ibr erosion. Expanding the Ski Area on Ashland Creek may also reduce groundwater storage near the surface, resulting in the decrease of loxv tlow surface water during the drought season, which may cause impacts to special aquatic sites, increases in water temperature, water quality impacts and a reductiou in water awtilability do~vnstrcam. Members of the Ashland community have reported observations of snbstantial surface flow iu Ibc Middle Fork and well hydrated vegetation in the immediate vicinity of the creek in August 2003 in contrast to much iowcr flows and vegetation conditions outside the riparian areu (Headwaters Group October 2003). This suggests that the substrate of the Middle Fork drainage within the project area may bc acting as a significant groundwater recharge or discharge area throughout thc summer. If so, there could be a risk that construction of ski lifts and ski runs could disrupt this function, potentially Iowering drought season flows in the Middle Fork and removing hydrology from vegetation communities in the SpcciaI Use Permit area. The ElS needs to present more information on current surface flows in the Middle Fork. The figures which appear on I11-63 do not present a complete picture of existing flow conditions in the Middle Fork. There is also little specific inforumtion in the EIS regarding soils or substrate in this part of the project area that coukt explain either increased groundwater storage capacity and discharge or these surface flows. Given thc potential impacts to surface flow, thc EIS should clarify where the data has been collectcd, and what the period of record is so it is possible to determine how much water might be discharged from the project area from the Middle Fork. Based on the information presented and the customized stream flow model, discussed again in Chapter IV on Page IV-71, the ElS predicts very minor increases in flow in both Ashland Creek, but does not discuss iu sufficient detail how the conclusions were derived. The EIS should describe the usc and application of the stream flow model, and support the results with additional expl~mation. Without such explanation, it is difficult for EPA to determine ~vhat thc indirect effects to the Flow regime might be, and xvhat referred effects might occur to vegetation communities such as project area wetlands in the Middle Fork. The ElS and the Record o f Decision (ROD) shonld commit to monitor/ng surface flows in Ashland Creek during and after constrnction tbr any effects to surface flows, and if any effects are tbund, should also commit to pcrforining mitigation measures to either minimize or compcnsate tbr the effects. Soil Erosion The potential for soil erosion is a major concern for this proposed project. The ElS acknowlcdges that many soils at the Ski Area have granitic origins which have a higher potential for surface erosion and failure because of steep slopes, often unconsolidated material and coarse grain size. Disturbed areas such as road cuts in the vicinity of the project site shoxv large quantities of unconsolidated granite being moved downslopc. Constrnction would consist of removing vegetation and topsoil and disturbing soil cover, all of which could greatly increase erosion. The ElS, on Pages II-13, and Map 1II-3, shows that some constrnction areas in riparian zones in thc Ashland Creek watershed have substrate classified as having high potential risk for both sediment delivcry and landslides. On Page 1II-19, the EIS states that the Forest Scrvice used thc Water Erosion Prediction Project (WEPP) model for predicting runoff; choosing "Disturbed WEPP" to characterize thc possible effects of constructing the proposed ski area expansion. Disturbed WEPP is described by those who developed it as suitable for sites with little soil disturbance bnt a definable amonnt of soil residue cover. Disturbed WEi~P is not intended for sites "where soil is scverely disturbed or compacted, such as roads and trails (or) constrnction sites" such as the Ski Area (Draft Distnrbed WEPP / WEPP lnterlhce for Disturbed Forest and Range, Runofl; Erosion and Sediment Delivery, USDA Forest Servicc, 2/00). The types of disturbance model users can select are typified by a 5-year-old forest, a heavily logged site, a forest one to two years alter a prescribed fire, or a forest two to three years after a wildfire, which do not appear to match lip well to site conditions at the Ski Area during construction. In addition, the EIS states that meusnrcd rates of soil erosiou to granitic soils have been extrapolated from Idaho, and these rates have been compared to thc results of scdimcnt monitoring at Mount Ashland t?om the 1970s and 1980s. While we acknowledge that these estimates use the best existing information, we would have more confidence in them if 1) we could be certain that the WEPP model was appropriate for the site conditions and 2) if the results had been compared to measured recent erosion rates from the project site. Additionally, it may not be correct to comparc roads to rills on thc construction site (1II-26). Thc results of thc Montgome~j report (1977) describcd in the ElS arc an indication of how important assumptions about erosion rates for different land use types can influence thc results of any model. Thc EIS should therefore use more recent soil erosion data from tile project site to derive predicted erosion rates. The EIS states that erosion will more than double in the Ashland Creek basin nnder ail alternatives aside from alternatives 1 and 5. The ElS should better explain why alternative 3 is predicted to have equal erosion to Alternative 2 trod greater erosion than alternative 6 when these latter alternativcs would require more grading and constrttction over a larger area. The restoration projects only account for a decrease o1'5 cubic yards of sediment erosion in Ashland Creek and .2 cubic yards in Cottonwood Creek. The EIS should also better explain hoxv estimated annnal sediment delivery to streams was derived, and include more complete descriptions of ongoing monitoring efforts designed 4 to predict the amount of erosion that might he expected from construction. In addition, the ElS should include a more complete description of the size, location, and plans for operation and maintenance of sediment ponds. The histo~cal data the EIS displays about the effects of the original ski area construction (Page IH-33) shows a large "pulse" of erosion in the years following thc original development. The cstimates were based on aerial photo interpretation, not actual systemwide data collection. Thc analysis attributes most of this to the constrnction of new roads, which should not occur ou as large a scale for the expansion. Chapter IV of the ElS should discuss whether some risk remains for such an erosion pulse to occur, givcn projcct site substrate and soils, the relative size of the new work, and the lack of ground-trnthcd data from the critical initial post-construction years. Some conclusions may be drawn from thc historical experience with erosion control measures at thc Ski Area as presented in Chapter 1[[ and Appcndix E. Parking Thc Forest Service has stated in informal conmmnications with this officc that there arc parking shortages on approximately 12-14 days per year, usually when there has been recent snow and the weather is clear. Thc EIS states that thc existing lot is narrow and difficult to maneuver in whcn full. Vehicles are often parked on the County Road leading to thc Mt. Ashland Ski Area during busy weekends and holidays, causing safety concerns. In conversations ~vith Forest Se~wJcc staff in July 2002, wc expressed concerns about the addition of impervious surface for expanded parking and requested that the Forest Service consider alternatives such as expanded shuttle service that focus on getting more users to the ski area, not necessarily more cars. The Forest Service should consider directing the Mount Ashland Association (MAA) to develop a bus shuttle service that would operatc from the junction of the Ski Area access road with Interstate 5 to mi~fimi×c creation of new impervious surfaces for parking. Such a shuttle service would transport skiers to and from the ski arca on busy weekend days when the parking lot is full. Mcmbers of the local community have informed our office that there is State of Oregon land (Department old'Transportation) and private land that may be available for vehicle parking. It may be possible lbr MAA to consider a pricing scheme that encourages ski area users to car pool by charging fees (or higher fees) to autos with less than 3 persons for parking at the ski area. This could provide additional income lbr MAA and incentivc for ski area users tn car pool or use the shuttle service from the base of the County Road. While wc acknowledge that thc EIS describes that MAA has incurred a cost for sponsoring a shuttle service from thc City of Ashland, wc would strongly encourage thc Forest Service to fully consider such an option in the EIS. The usc of pricing incentives at thc ski area, along with providing frcc parking along the/ntcrstate 5 turnoff could help minimi×e the costs to MAA and most importantly, to minimize thc creation of impervious surface at thc Ski Area. If this option proves umvorkable, we would recommend moving thc new parking area to the Alternative 4 location at the Knoll, where the risk of stream sedimentation and contamination may be less than at the proposed site for all of the other Alternatives. Thc Knoll is characterized in the EIS as an area with more stable slopes, at nmch greater distance from areas mapped as Hazard Zones 1-2 (although the EIS does not predict a reduction of sediment delivery to Ncil Creek compared to Alternative 2). The Knoll may also be a site where treatment ofrnnoffmay be easier to manage. This 5 option would still reqnirc operation ora shuttle to take ski area users the short distance to the ski area on busy weekends. However, it would reduce or eliminate the present hazardous situation, where drivers searching for spaces share a highly confined paved area with pedestrians, it could minimize the release of contaminants to surface waters. Wetlands Thc ElS stales that Upper Ashland Creek within the project study area contains about 28.4 acres of wetlands, or about 2.6% of the project survey area (based on National Wetland Inventory data). There are 187.13 acres of wetlands in thc entire Upper Ashland Creek watershed, about 1.4% of that survey area. Based on this data, the study area contains about 6.5% of thc wetlands within the Upper Ashland Creek basin. Wetlands in thc project area are presently almost all undisturbed and fnnctioning normally. Direct el'feets to xvctlands are forecast to be small under ail of thc alternatives (as high as .54 and .83 acres for alternatives 2 and 6 respectivcly). However, the listed indirect effects of Alternatives 2 and 6 are greater (7.33 and 8.36 acres respectively). Thc predicted effects under Alternative 3 are less than for Alternatives 2 and 6. Affected wetlands include high value forested wetlands snpporting alder, regionally rare Engehnann sprnce and montane meadows. The Specific Watershed Effects Section starting on Page IV-74 discusses the effects from the construction of ski runs and ski lifts, including land clearing, contouring, cxcavation, filling and addition of impervious surface on various aquatic fimctions in wetlands and ripariau areas, but concludes that implementation of thc proposed Best Management Practices (BMPs) would minimize ell'eels. It is somexvhat difficult for revicxvcrs to evaluate whether the proposed BMPs are sufficient to bring effects to a minimal level until it can be seen ho~v BMPs are applied and pcrfom~ m a specific location. The ElS and the ROD shonld include a commitment to monitor affected wetlands to verify whether BMPs are proving successfid, and if not, employ contingency measures to ensure that effects are kept to the predicted minimal level. Mitigation, Restoration Measures, Best Management Practices (BMPs) and Monitoring Proposed mitigation measures, proposed BMPs and monitoring appear in Chapter II and in the resource impact analysis Sections of Chapter IV. The list of watershed restoration projects listed in Chapter 1I is detailed. Proposed mitigation, BMPs and monitoring discussions arc distributed throughout Chapter IV and sometimes described in general terms (sec above Section). Hoxvever, it is difficult to evaluate how much compensation for lost natural resource functions may be predicted from implementation of these projects, and difficult to tell what impacts thc projects are intended to compensate for, if done as mitigation. The Forest Service should create a separate Section in Chapter IV, or a Section in the ROD sunm~arizing mitigation, restoration, BMPs and monitoring projects, with a description of thc intended compensation for speci ftc impacts, as appropriate. Implementation of the Northwest Forest Plan Aquatic Conservation Strategy The Northwest Forest Plan's (NWFP) Aquatic Conservation Strategy (ACS) includes four primary components, riparian reserves, key watersheds, watershed analysis, and watershed restoration, and nine objectives. Since the proposed action takes place on lands within the NWFP area, the EIS 6 must discuss whether the action is consistent with the primary components and NWFP Standards and Guidelines lbr thc ACS. The ElS hits broken out this analysis by watershed. Thc Standards and Guidelines fbr Riparian Rescrves state that intermittent streams, if in unconsolidated material or granite, should include buffers ranging from 75 to over 200' depending on the slope class (Scc graph entitled Ecological Protection Width Needs on }'age B-15 of the NWFP ROD). The ElS should state whether these guidelines werc used to establish final r/parian area boundaries. ]'he NWFP Standards and Guidelines for Recreation Management under Riparian Reserves specify that new recreational fimilities within riparian reserves should bc designed so as not to prevent meeting ACS objectives, and that existing dcvcloped rccrcation practices that retard or prevent attainmcnt of ACS objectives should be adjusted or climinated. Thc EIS should describe bow the proposed expansion and continued operation of the Ski Area wiIl not preclude or retard mceting ACS objectives. The EIS shows that the Ski Area expansion will cncroach on riparian reserves in thc project area, particularly in Ashland Creek. The document also states that site scale ef['ccts to the ACS objectives of landscape features, watershed connectivity, physical integrity of aquatic systems, water quantity, tloodplain inundation regime and plant community structure and function would bc degraded. The analysis presumes thc effectiveness of proposed BMPs and restoration measures to detcmfine that the ACS objectives of water quality and sediment regime woukt be maintained. Thc ElS should explain in more detail how thc proposed BMPs would accomplish this. Thc EiS fl~rther concludes that the project would maintain ACS objectives at tbe watershed scale. Thc EIS prcsumcs the effectiveness of proposed BMPs and restoration measures to determine that o[~jectives are maintained at thc watershed scale, and also relies upon the relative small size of the afl'ectcd site in comparison to the watershed to an-ire at this cf'foci detcnnination. The ACS Stratcgy Objectives of water quality, sediment and water quantity impacts on the Middle Fork of the East Branch of Ashland Creek may not bc confincd to thc site but could extend it considerable distance downstream. 1 towcver, the analysis states that effects would not be measurable at thc watershed scale. The infom~ation presented m the EIS is not sufficient to support these conclusions. The EIS should describe in more dctail how thc Forest Service arrived at thc watershed et-feet determinations of "maintain" for these three ACS objectives. Cumulative Watershed Effects Thc ElS states that thc cumulative watershed effects, with the exception of the Upper Ashland Creek watershed, are minimal due to the small amount of affected area within thc other watersheds. Table 1V-22 uses a Forest Service model callcd the Equivalent Roadless Area (ERA) which considers the percentage of roaded area, develops a Threshold of Concern based on a numbcr of hydrologic and substratc characteristics such as slope stability and cbarmel sensitivity to derive a Watershed Sensitivity Levci risk ratio for project area watersheds in thc analysis area, and finally a risk ratio. We recommend that the ElS explain thc data in Table IV-22 a little more fully. Neither the past impacts on the aflkcted watersheds, thc present conditions nor the assumptions of future activity that the model used are 7 discussed in any detail. Also, the final risk ratio numbers are somewhat difficult to interpret. Ratios for upper Nell Creek are at approximately 0.940, comparcd to nmch lower ratios for thc other watersheds. The ElS should explain the sensitivity of these numbers to changing resource conditions in the ERA model. What and how much restoration activity or ncgativc impact would cause thc risk ratios to move sigmificantly? How significant is the difference between a ratio of 0.268 and 0.939, or 0.939 and the stated yellow flag threshold of 1.07 Some of this information inay bc explained in Appendix E, but a summary discussion should appear in the main document to assist reviewers in interpreting the rcsults. U.S. Environmental Protection Agency Rating System for Draft Enviromneutal hnpact Statement'; Definitions and Follow-Up Action* Environmental Impact of the Action LO - Lack of Objections Thc U.S. Environmental Protection Agency (EPA) review has not identificd any potential environmental impacts requiring substantive changes to the pruposal. The review may have disck)sed opportunities fin' application of mitigation measures that could be accomplished with no more than minor changes to the proposal. EC - Environmental Concerns EPA review has identified environmental impacts that shuuld be avoided in order to fully protect the environment. Ctlrrectivc measures may require changcs to thc preferred ahernative or application of mitigation measures that can rcdt~ce these impacts. EO - Environmental Objections EPA review has identified significant environmental impacts that should be avoided in order to provide adequate protectkm f~or thc environment. Corrective measures may requ[rc substantial changes to the prelErred alternative or consideration of some other pruject alternative (including the no-action alternative or a new alternative). EPA intcnds to work with the lead agency to reduce these impacts. EU - Enviromnentally Unsatisfactory EPA review has idenfified adverse environmental impacts that arc ol suft~cicnt magnitude that they are unsatisfactory lrom thc standpoint of public heahh tlr welthre or environmental quality. EPA intends to work with the lead agency to reduce these ilnpacts. If the potential unsatislhctory impacts arc not corrected at the final EIS stage, this proposal will bc recommended flit referral to the Crluncil on Environmental Quality (CEQ). ~uacv of the Impact Statement Category 1 - Adequate EPA believes the draft I~IS adequately sets forth the e~vironmental impact(s) ol the prclcrred alternative and those of the alternatives reasonably available to the project or action. No further analysis of data collection is necessary, but the reviewer may suggest the addition of clarifying language ur informafion. Category 2 - Insufficient Information The draft fils does not contain sufficient infi>~mation IBr EPA to lully assess environmental impacts that should be avoided in order to fully prolcct the environment, tlr the EPA reviewer has identified new reasonably available alternatives that are within the spectrum of alternatives analyzed in the draft ElS, which could reduce the environmental impacts of the actiuu. The identified additional infnrmation, data, analyses or discussion should be included in the final EIS. Category 3 - Inadequate EPA does not believe thal thc draft EIS adequately assesses potentially significant environmental impacts of the action, or the EPA reviewer has identified new, reasonably available alternatives that arc outside of the spectrmn of alternatives analyzed in the dral't ElS, which should be analyzed in order to reduce thc potentially significant environmental impacts. EPA believes that the identified additional inl~.)rmation, data, analyses, or discussions are of such a magnitude that they should have full public review at a draft stage. EPA docs not believe that the draft ElS is adequate lot thc purposes of the National Environmental Policy Act and or Section 309 review, anti thus should be fimnally revised and made available for public comment in a supplemental or revised draft EIS. On the basis of the potential significant impacts involved, this proposal could be a candidate fi)r referral to the CEQ. * From EPA Manual 1640 Policy and Procedures for the Review of Federal Actions hnpacting the Environment. February, 1987. CITY OF ,-ASHLAND Council Communication TITLE: DEPT: DATE: SUBMITTED BY: APPROVED BY: Quarterly Financial Report: July - September, 2003 Finance Department LSCeV~Fumnbe~elr8g', 30in0}nce Director ~ Gino Grimaldi, City Administrator ~,].- Synopsis: Attached is the City of Ashland financial report for the fiscal year ended September 30, 2003. This report includes: 1. Summary of Cash and Investments as of September 30 for the last two years (page 1) 2. Combined Statement of Financial Position (page 2) 3. Schedule of Revenues by Fund (page 3) 4. Schedule of Budgetary Compliance per Resolution #2003-21 (pages 4-7) The reports are intended to present information in formats consistent with the department, fund and business activity presentations included in the adopted FY 2003-2004 budget document and the manner in which it will be shown in the end of year report. Financial numbers for the first quarter are always difficult to present and subject to change as the Finance Department is busy completing the prior year audit and report. Additionally, with only 3 months to report on, it becomes difficult to evaluate our current financial position as compared to budget or to project our position at year end. The first quarter numbers can be confusing due to the receipt or payment of annualized amounts and seasonal activities like construction or utility consumption. Staff cannot adjust these reports for all such deviations. A pervasive issue is the health care premium for FY 2003-04 coming in at a 24% increase rather than 20% as budgeted. This will result in total Personal Services costing an additional 0.5% this year. We will watch this closely, looking for savings in vacant positions or other line items coming in under budget as an offset. The numbers presented are unaudited and unadjusted. Summary of Cash and Investments provides an understanding of changes in the city's cash position across funds and investment types. Please note that the city-wide cash balance has decreased $5.8 million dollars between years. Half of that amount was recorded in the first three months of this year representing project costs and initial payments on some annual contracts. Note that Water Fund cash has grown due to summer sales while Electric Fund cash has lagged awaiting colder weather and higher bills with winter. The Combined Statement of Financial Position is similar to presentations provided in the annual financial report. It is intended to provide the reader an overall sense of the City's financial position at the present time. The Ending Fund Balance is $16.6 million, nearly $5.0 million more than budgeted but $4.5 million less than existed last year at this time. Revenues and Budgetary Resources at September 30, 2003 total $24,949,355 as compared to total year- to-date requirements of $26,369,622 which results in a $ 1.4 million decrease to Unappropriated Ending Fund Balance. This is $6.5 million better than the City's budget which included a $7.9 million reduction in ending fund balance. On a city-wide basis Licenses and Permits, Charges for Services, Systems Development Charges, Assessment Payments and Miscellaneous Revenues exceed the prorated 25% mark for ¼ year of activity. Shortfalls can be seen in Taxes, intergovernmental Revenues and interest related to a difference in the timing of those revenues or less earning opportunities on monies to invest. Budgetary Resources including operational loans and transfers have been recorded as necessary. Total Requirements are above budget showing a 35% level. Personal Services is 24% indicating nearly full employment per the budget but actually representing slightly higher health benefit costs and over time work eating into monies being saved due to vacant positions. Materials & Services and Capital Outlay are below the 25% mark but Budgetary Requirements follow Budgetary Resources at being over 90% for Loans and 78% for Transfers completed in the first quarter. Total Contingency of $1,718,000 remains unused. The Schedule of Revenues by Fund provides an overview of all resources year-to-date. In most cases, collections exceeded budget however, variations due to construction and related financing and transfers can affect these percentages and consistency between years. Adjustments related to end-of-year entries account for some "negative' revenues that will be researched and resolved by the next quarterly report. Funds relying on tax revenues or reimbursements from state or federal programs show revenue percentages well below the 25% mark. The Schedule of Budgetary Compliance is intended to present expenditures on a budget basis by fund consistent with the resolution adopting appropriation levels in the budget compliance section of the document. At this point, no budget adjustments have occurred. With each report, Staff attempts to include all material transactions possible that have occurred through the cut off date to provide accurate information. Throughout the year, Staff reviews accounts and transactions on varying schedules to ensure proper coding and activity as it compares to what is budgeted. This can cause adjustments to the listed accounts before the year's end and what is included in comprehensive annual report. General Fund - Total expenditures are 23% with no Contingency used. CDBG Fund - Expenditures are only 1.8% of budget but Personal Services slightly ahead of 25%. A reimbursement request has been prepared to resolve the negative numbers. Street Fund - All expenditures categories below budget with a total expended of 18%. Airport Fund - Material & Services expenditures are at 30% which includes premium payments for the year. Capital Improvements Fund - Expenditures are at 59% with Materials & Services over budget. Staff is reviewing to see what corrections or budget adjustments are required for the projects still in process. A supplemental budget will be needed for revenues generated by sale of two parcels. Debt Service Fund - Expenditures are consistent with timing of payments and budgeted activity at 10%. Water Fund - Total fund expenditures are 42% Most divisions are below the quarter mark of 25% but Debt Serve and Interfund Loans are near complete for the year raising the overall average. Wastewater Fund - Similar to the Water Fund, the Wastewater Fund overall percentage expended is high at 51% with most divisions below 25% but Interfund Loans being nearly complete at 98% raising the average. Treatment Division is at 30% and may require adjusting. Electric Fund - Total expenditures are near the 25% average with Debt Service nearly complete for the year and the Supply Division at 29%. Telecommunications Fund - Expenditures are at 74% due to Debt Service for the year being near completion. Operations is slightly above the ¼ mark for the year due to additional staff for sales and service installation. Central Services Fund - Expenditures for all divisions are below the 25% mark. Insurance Services Fund - Material & Services are 50% of budget, consistent with activity given the annual premiums paid in the first quarter. Equipment Fund - Personal Services and Material & Services are a little high at the quarter but consistent with operations and costs to date. Cemetery Trust Fund - Transfers are consistent with activity and below budget. Parks and Recreation Fund - Expenditures are consistent with activity at 23% and no Contingency used. Ashland Youth activities Levy Fund - Expenditures are consistent with budget. Parks Capital Improvements Fund - Recorded Capital outlay well under budget but consistent with activity. Unaudited, detailed balance sheets, revenues and expenditure reports and fund statements are available for your review in the Finance Department office should you require any additional information. Recommendation: Staff recommends acceptance of this report. Fiscal Impact: No impact. This is an update on FY 2003-2004 operational activity as compared to budget. Background: The Finance Department submits the above reports to Council on a quarterly basis to provide assurance of budget compliance and for informational and comparative purposes throughout the year. Information can be provided in differing formats and timetable at Council's request, There have been no transfers of appropriations or supplemental budgets this fiscal year. Unaudited, detailed balance sheets, revenues and expenditure reports are available for your review in the Finance Department office should you require any additional information. Attached: Per above City of Ashland Summary of Cash and Investments September 30, 2003 Held By: General Fund Community Block Grant Fund Street Fund Airport Fund Capital Improvements Fund Debt Service Fund Water Fund Wastewater Fund Electdc Fund Telecommunications Fund Central Services Fund Insurance Services Fund Equipment Fund Cemetery Trust Fund Ski Ashland Agency Fund Parks & Recreation Agency Fund Total Cash Distribution Manner of Investment Petty Cash General Banking Accounts Local Government Inv. Pool City Investments Total Cash and Investments Increase(Decrease) Balance Balance Difference Current Quarter September 30, 2003 September 30, 2002 (2003 - 2002) $ (852,620) $ 1,209,237 $ 1,158,234 $ 51,003 67,072 (9,242) (48,028) 38,786 (330,200) 2,492,023 2,770,100 (278,077) (56,373) (18,960) 16,791 (35,751) (142,810) 197,040 2,168,400 (1,971,360) 305,869 567,279 388,509 178,770 (161,118) 4,357,158 1,928,775 2,428,383 124,822 1,912,230 6,996,061 (5,083,831) (609,289) 261,933 1,022,213 (760,280) (403,591) 29,671 782,484 (752,813) 1,374 1,273,676 1,227,216 46,460 171,963 1,023,603 960,737 62,866 (85,081) 1,174,310 1,427,259 (252,949) 2,330 681,987 677,931 4,056 (1,967,652) 15,151,945 21,476,682 (6,324,737) (139,497) 88,752 104,840 (16,088) (841,231) 1,452,439 946,091 506,348 (980,728) 1,541,191 1,050,931 490,260 (2,948,380) $ t6,693,136 $ 22,527,613 $ (5,834,477) $ 1,710 $ 1,460 $ 250 (1,246,923) (605,503) 93,514 (699,017) (4,651,935) 7,817,887 19,830,769 (12,012,882) 2,950,478 9,479,042 2,601,870 6,877,172 $ (2,948,380) $ 16,693,136 $ 22,527,613 $ (5,834,477) Distribution of Dollars Central Services, Insurance and 21% Ski Ashland, Parks and Recreation Funds 9% Enterprise 39% All Other (General Government) 31% City of Ashland Combined Statement of Financial Position City Wide For the three months ended September 30, 2003 RESOURCE SUMMARY Revenues: Taxes Licenses and Permits Intergovernmental Revenues Charges for Services System Development Charges Fines and Forfeitures Assessment Payments Interest on Investments Miscellaneous Revenues Total Revenues Budgetary Resources: Other Financing Sources Operating Transfers In Total Budgetary Resources Total Resoumes Fiscal Year 2004 Percent Year-To-Date FiscalYear2004 Collectedl Actuals Adopted Expended Balance $ 1,982,440 $ 15,346,933 12.92% $ (13,364,493) 435,270 1,505,000 28.92% (1,069,730) 344,157 3,511,415 9.80% (3,167,258) 8,247,420 31,169,928 26.46% (22,922,508) 386,893 1,299,000 29.78% (912,107) 29,543 115,000 25.69% (85,457) 82,427 210,000 39.25% (127,573) 61,442 428,200 14.35% (366,758) 583,191 322,600 180.78% 260,591 12,152,783 53,908,076 22.54% REQUIREMENTS BY CLASSIFICATION Personal Services Materials and Services Debt Service Total Operating Expenditures 12,350,000 13,436,900 91.91% 446,572 567,500 78.69% 12,796,572 14,004,400 91.38% '24,949,355 67,912,476 36.74% Capital Construction Capital Outlay Interfund Loans Operating Transfers Contingencies Total Budgetary Requirements Total Requirements Excess (Deficiency) of Resources over Requirements Working Capital Carryover Unappropriated Ending Fund 4,579,265 18,837,392 24.31% 6,455,543 27,534,397 23.45% 7,223,738 10,937,419 66.05% 18,258,546 57,309,208 31.86% 1,214,504 9,317,625 13.03% 6,450,000 6,950,000 92.81% 446,572 567,500 78.69% 1,718,000 0.00% 6,896,572 9,235,500 74.67% 26,369,622 75,862,333 34.76% (1,420,267) (7,949,857) 17.87% 18,199,957 19,519,629 93.24% $ 16,779,690 $ 11,569,772 145.03% Fiscal Year 2003 Year-To-Date Actuals $ 1,781,118 399,871 177,213 7,555,887 7,555,887 31,315 44,632 159,190 99,301 (41,755,293) 10,248,528 (1,086,900) 10,225,000 (120,928) 559,870 (1,207,828) 10,784,870 (42,963,121) 21,033,398 14,258,127 4,631,296 21,078,854 5,859,000 3,713,681 6,162,151 39,050,662 16,652,447 8,103,121 2,943,585 500,000 5,000,000 120,928 559,870 1,718,000 2,338,928 5,559,870 49,492,711 25,155,903 6,529,590 (4,122,504) (1,319,672} 25,205,231 5,209,918 $ 21,082,727 City of Ashland Schedule of Revenues By Fund For the three months ended September 30, 2003 REVENUES BY FUND (1) Fiscal Year Fiscal Year 2004 Year-To- Fiscal Year Percent 2003 Year-To- DateActuals 2004Adopted Collected Balance DateActuals city General Fund $ 2,323,253 $ 11,829,333 19.64% $ (9,506,080) $ 1,984,275 Community Block Grant Fund 32,690 656,815 4.98% (624,125) Street Fund 767,974 3,772,900 20.36% (3,004,926) 608,073 Airport Fund (28,433) 455,600 -6.24% (484,033) 13,480 Capital Improvements Fund 510,814 905,300 5642% (394,486) 227,000 Debt Service Fund 429,335 1,098,900 39.07% (669,565) 358,829 Water Fund 3,486,472 6,604,000 52.79% (3,117,528) 3,345,164 Wastewater Fund 5,017,039 8,064,000 62.22% (3,046,961) 2,728,438 Electric Fund 2,867,368 11,765,900 24.37% (8,898,532) 3,150,639 Telecommunications Fund 7,005,707 9,225,000 75.94% (2,219,293) 5,465,618 Central Services Fund 1,201,884 5,035,600 23.87% (3,833,716) 1,167,047 Insurance Services Fund 506,625 771,000 65.71% (264,375) 329,471 Equipment Fund 371,124 1,545,200 24.02% (1,174,076) 802,245 Cemetery Trust Fund 3,902 29,500 13.23% (25,598) 605,540 Total City Components 24,495,754 61,759,048 39.66% (37,263,294) 20,785,8t9 Parks and Recreation Component Parks and Recreation Fund 395,909 4,024,228 9.84% (3,628,319) 222,266 Ashland Youth Activities Levy Fund 56,422 1,957,200 2.88% (1,900,778) 23,262 Parks Capital Imp Fund 1,270 172,000 0.74% (170,730) 2,052 Total Parks Components 453,601 6,153,428 7.37% (5,699,827) 247,580 Total City $ 24,949,355 $ 67,912,476 36.74% $ (42,963,121) $ 21,033,399 City of Ashland Schedule of Budgetary Compliance Per Resolution #2003-21 For the three months ended September 30, 2003 GENERAL FUND Administrative Services Administrative Services - Municipal Court Administrative Services - Senior Program Finance - Social Services Grants Finance - Economic & Cultural Grants Finance - Miscellaneous Finance - Band Police Department Fire and Rescue Bepadment Public Works - Cemetery Division Community Development - Planning Division Community Development - Building Division Transfers Contingency TOTAL GENERAL FUND COMMUNITY DEVELOPMENT BLOCK GRANT Personal Services Materials and Services TOTAL COMMUNITY DEVELOPMENT BLOCK GRANT FUND STREET FUND Public Works - Street Operations Public Works - Storm Water Operations Public Works - Transportation SDC's Public Works - Storm Water SDC's Public Works - Local Improvement Districts Contingency TOTAL STREET FUND AIRPORT FUND Materials and Services Capital Outlay Contingency TOTAL AIRPORT FUND Fiscal Year 2004 Year-To- Fiscal Year Percent Date Actuals 2004 Adopted Used Balance 22,898 $ 97,000 23.61% $ 74,102 73,461 296,000 24.82% 222,539 30,929 117,135 26.40% 86,206 113,550 132,400 85.76% 16,850 138,946 436,900 31.80% 297,954 37 6,000 0.62% 5,963 25,707 56,750 45.30% 31,043 853,311 4,179,470 20.42% 3,326,159 977,705 4,489,004 21.78% 3,511,299 84,238 296,890 28.37% 212,652 242,352 976,040 24.83% 733,688 177,318 744,375 23.82% 567,057 134,000 133,500 100.37% (500) 350,000 0.00% 350,000 2,874,452 12,311,464 23.35% 9,437,012 11,612 45,300 25.63% 33,688 234 611,515 0.04% 61t,281 11,846 656,815 1.80% 644,969 696,484 3,399,560 20.49% 2,703,076 156,152 786,250 19.86% 630,098 92,400 0.00% 92,400 481,400 0.00% 481,400 174,518 730,700 23.88% 556,182 142,000 0.00% 142,000 1,027,154 5,632,310 18.24% 4,605,156 26,873 89,550 30.01% 62,677 370,000 0.00% 370,000 5,000 0.00% 5,000 26,873 464,550 5.78% 437,677 Schedule of Budgetary Compliance Per Resolution #2003-21 For the three months ended September 30, 2003 Fiscal Year 2004 Year-To- Fiscal Year Percent Date Actuals 2004 Adopted Used Balance CAPITAL IMPROVEMENTS FUND Materials and Services 37,167 18,300 203.10% (18,867) Capital Outlay 159,447 500,000 31.89% 340,553 Transfers 311,000 341,000 91.20% 30,000 TOTAL CAPITAL IMPROVEMENTS FUND 507,614 859,300 59.07% 351,686 DEBT SERVICE FUND Debt Service 115,064 1,178,000 9.77% 1,062,936 TOTAL DEBT SERVICE FUND 115,064 1,178,000 9.77% 1,062,936 WATER FUND Electric - Conservation Division Public Works -Forest Lands Management Division Public Works -Supply Division Public Works -Treatment Division Public Works -Distribution Division Public Works - Supply SDC's Public Works -Treatment SDC's Public Works -Distribution SDC's Debt Service Other Financing Uses (Interfund Loan) Contingency TOTAL WATER FUND WASTEWATER FUND Public Works - Collection Division Public Works - Treatment Division Public Works -Collection SDC's Public Works -Treatment SDC's Debt Service Other Financing Uses (Interfund Loan) Contingency TOTAL WASTEWATER FUND ELECTRIC FUND Electric - Conservation Division Electric - Supply Division Electric - Distribution Division Electric - Transmission Division Debt Service Other Financing Uses (Interfund Loan) Contingency TOTAL ELECTRIC FUND 43,012 169,015 25.45% 126,003 23,512 428,700 5.48% 405,188 46,912 423,600 11.07% 376,688 133,459 725,350 18.40% 591,891 501,734 2,834,510 17.70% 2,332,776 112,500 0.00% 112,500 142,000 0.00% 142,000 469,100 0.00% 469,100 452,007 517,100 87.41% 66,093 2,275,000 2,276,000 100.00% 180,000 0.00% 180,000 3,475,636 8,276,875 41.99% 4,801,239 309,574 1,366,580 22.65% 1,057,006 389,292 1,319,450 29.50% 930,158 11,231 324,500 3.46% 313,269 265,000 0.00% 265,000 1,807,219 0.00% 1,807,219 4,176,000 4,275,000 97.66% 100,000 154,000 0.00% 154,000 4,885,097 9,511,749 51.36% 4,626,652 81,459 453,000 17.98% 371,541 1,785,722 6,071,300 29.41% 4,285,578 1,035,402 4,259,413 24.31% 3,224,011 250,073 1,031,324 24.25% 781,251 22,337 26,100 85.58% 3,763 400,000 0.00% 400,000 350,000 0.00% 350,000 3,174,993 12,591,137 25.22% 9,416,144 5 Schedule of Budgetary Compliance Per Resolution #2003-21 For the three months ended September 30, 2003 TELECOMMUNICATIONS FUND Electric - Customer Relations\Promotions Electric - Operations Debt Services Contingency TOTAL TELECOMMUNICATIONS FUND Fiscal Year 2004 Year-To- Fiscal Year Percent Date Actuals 2004 Adopted Used Balance 21,857 147,490 14.82% 125,633 629,228 2,391,600 26.31% 1,762,372 6,631,354 7,202,000 92.08% 570,646 75,000 0.00% 75,000 7,282,439 9,816,090 74.19% 2,533,651 CENTRAL SERVICES FUND Administration Department Finance Depadment City Recorder Division Public Works - Administration and Engineering Public Works - Facilities and Safety Division Electric - Computer Services Division Contingency TOTAL CENTRAL SERVICES FUND INSURANCE SERVICES FUND Personal Services Materials and Services Contingency TOTAL INSURANCE SERVICES FUND EQUIPMENT FUND Personal Services Materials and Services Capital Outlay Contingency TOTAL EQUIPMENT FUND CEMETERY TRUST FUND Transfers TOTAL CEMETERY TRUST FUND PARKS AND RECREATION FUND Parks Division Recreation Division Golf Division Debt Service Transfers Contingency TOTAL PARKS AND RECREATION FUND 274,788 1,131,131 24.29% 856,343 355,542 1,541,355 23.07% 1,185,813 37,895 159,735 23.72% 121,840 287,230 1,220,700 23.53% 933,470 99,646 460,850 21.62% 361,204 169,428 773,005 21.92% 603,577 140,000 0.00% 140,000 1,224,529 5,426,776 22.56% 4,202,247 1,000 0.00% 1,000 375,413 743,500 50.49% 368,087 112,000 0.00% 112,000 375,413 856,500 43.83% 481,087 62,260 244,900 25.42% 152,209 500,560 30.41% 126,560 796,000 15.90% 175,000 0.00% 341,029 1,716,460 19.87% 1,572 23,000 6.83% 1,572 23,000 6.83% 182,640 348,351 669,440 175,000 1,375,431 21,428 21,428 864,926 3,528,182 24.51% 2,663,256 46,057 289,000 15.94% 242,943 80,320 341,925 23.49% 261,605 2,977 32,000 9.30% 29,023 70,000 0.00% 70,000 35,000 0.00% 35,000 (~94,280 4,296,107 23.14% 3,301,827 Schedule of Budgetary Compliance Per Resolution #2003-21 For the three months ended September 30, 2003 ASHLAND YOUTH ACTIVITIES LEVY FUND Personal Services Materials and Services TOTAL ASHLAND YOUTH ACTIVITIES LEVY FUND PARKS CAPITAL IMPROVEMENTS FUND Capital Outlay TOTAL APPROPRIATIONS Fiscal Year 2004 Year-To- Fiscal Year Percent Date Actuals 2004 Adopted Used $ 26,369,622 $ 75,862,333 13,823 87,000 15.89% 10,677 1,888,200 0.57% 24,500 1,975,200 1.24% 27,131 270,000 10.05% 34.76% $ Balance 73,177 1,877,523 1,950,700 242,869 49,492,711 CITY OF SHLAND Council Communication TITLE: DEPT: DATE: SUBMITTED BY: APPROVED BY: Synopsis: Council authorization to dispose of surplus property valued in excess of $10,000. Finance Department November 18, 2003 Lee Tuneberg, Finance Director Gino Grimaldi, City Administrator This Council action authorizes the Purchasing Agent (Finance Director) to dispose in an appropriate fashion personal property owned by the city and deemed surplus by the custodial department(s). Recommendation: Staffrecommends the Council move to authorize the Purchasing Agent to dispose of the attached list of surplus equipment. Fiscal Impact: Reduction of net fixed assets within the general ledger, realization of budgetary income and/or recognition of gain or loss from sale. Background: Section 2.52.070 of the AMC authorizes the Purchasing Agent to dispose of surplus personal property by any means determined to be in the best interests of the City. If such property has a residual value g~eater than $10,000, City Council authorization will be obtained prior to disposal. Attached is a list of personal property purchased or acquired through normal city operations that has been considered surplus by the custodial department. The Manner of Disposal column identifies how the piece of equipment is expected to be disposed. This may change depending on the circumstances at the time of transaction with staffbeing mindful of the cost to liquidate and the net proceeds. A preference is given to other government agencies if an amount near the estimated value can be obtained. Trade-ins are done when replacing the unit garners adequate proceeds for the old item. The Ford Thunderbird (#196) and the John Deere 510-C backhoe (#107) were declared surplus in March but did not sell at that time. We are trying again with the car and considering a trade-in of the backhoe. A recap of the disposal of assets from March is attached showing a 90% recovery of the estimated value. A follow-up report to this list will be prepared when the new items listed are gone. City of Ashland Proposed Surplus Equipment List '18-Nov-03 Equip. Model No.'s Year Model Engine & Transmission 0011 1995 Ford F-350 460 V-8 EFI Auto. 0019G Honda E-2500 Honda Motor 0042 1985 Ford F-7OO 4-5cy Dump 37Oci V-8 5 spdl2 spd axle 0082 1988 Ford E-250 3/4 ton Van 351 V-8 Automatic 0073 1988 White 10-12cy Dump Detroit Diesel Allison Auto 0118 1991 VolvoWhiteGMC Detroit Diesel Allison Auto 0196 1985 FordT-Bird *** 3.SLV-6Auto 0383 1990 Chevrolet P30 Van 5.7L V-8TBI Auto 0388 1993 Ford E350 w/Altec 28' 7.3 Diesel EOD Auto 0404 1987 Ford 545A Loader w/box scraper 3 cylinder Diesel 0107 1990 John Deere 510-C*** 0205 1993 510DJohnDeem BackHoe 0052 1986 Ford F-250 4wd 3/4 ton PU 0127 1992 Ford F-250 3/4 ton PU 0138 1993 Ford F-250 4x2 0209 1994 Taurus Wagon 0276 1996 Jeep Cherokee 0293 1997 GMC C1500 LWB Pick-up 0300 1997 Chevrolet 1 Ton 0422 2000 Ford CrownVic4Dr. Estimated Value 276ci Turbo-Diesel 4 spd Torque 276ci Turbo-Diesel 4 spd Torque 351cu V-8 4 spd manual 460 V-8 Automatic 351 V-8 Automatic EFI 3.0 V-6 EFI 4Spd. AOD 4.0L I-6 AutoOD 5.0L EFI AOD 7400 Vortec SFI 4spd EAOD 4.6LV-8 SEFI E4OD $5,500.00 ?? $7,000.00 $750.00 $11,000.00 $13,500.00 $100.00 $7,500.00 $3,000.00 $4,000.00 $15,000.00 $20,OOO.00 $1,200.00 $3,000.00 $2,500.00 $1,750.00 $1,800.00 $2,000.00 $4,500.00 $4,500.00 Maanerof Disposal sealed bid sale sealed bid sale sealed bid sale sealed bid sale sealed bid sale sealed bid sale sealed bid sale sealed bid sale sealed bid sale sealed bid sale trade-in trade-in sealed bid sale sealed bid sale sealed bid sale sealed bid sale sealed bid sale sealed bid sale sealed bid sale sealed bid sale *** NOT disposed of in previous sale. $108,600.00 City of Ashland Approved Surplus Equipment List - March 18, 2003 Sealed Bids Received June 4, 2003 18-Nov-03 Equip. Model No.'s Year Model 0092 1989 Mobil 2TE4 Sweeper 0104 1990 ChevK-581azer4x4 0107 1990 JohnBeere510-CBackhoe 0124 1992 GMCTopKick 0130 1992 DodgeDakota4x4PU 0177 1993 Ford Taurus 4-Dr(GL) 0196 1985 FordT-Bird 0211 1994 GMC3500454V-8 0303 1997 JeepCherokee 0343 1999 FordCrownVic4Dr, 0387 1993 Ford E350 w/Altec 28' N/A Various N/A Old Engine & Transmission Estimated Manner of Sale Price Value DispOsal 4-Jun-03 Detroit 8.2 Diesel $10,000.00 35Oei V-8 Automatic (EFI) 2,500.00 276ci Turbo-Diesel 4 spd Torque *0.00 3116 Cat Allison Auto 7,500.00 3.9L V-6 Automatic 2,500.00 3.8L V-6 Auto 1,500.00 3.8L V-6 Auto *0.00 454 V-8 Auto 4-SP 4,800.00 4.0L I-6 AOD 4,500.00 4.6LV-8 SEFI E4OD 2,500.00 7.3 Diesel EOD Auto 2,500.00 Sale by bid $8,401.00 Sale by bid 2,066.00 Not sold 0.00 Trade-In PO 04065 7,500.00 Sale by bid 1,551.00 Sale by bid 1,200.00 Not Sold 0.00 Sale by bid 5,688.00 Sale by bid 3,200.00 Sale by bid 1,877.10 Sale by bid 2,000.00 Transformers 25-167 KVA 25 units; 25-167 KVA each Electric Meter Test Equipment Equipment Obsolete 632.00 Sale 824.25 0.00 Donation 0.00 TOTAL $38,632.00 $34,907.35 NOTE: *Re-Scheduled for disposal in FY04 Equipment #107, John Deem Backhoe, Estimated Value $10,000 Equipment #196, Ford T-Bird, Estimated Value $1,000 CITY OF SHLAND Council Communication Title: Dept: Date: Submitted By: Approved By: Synopsis: Charter Cable Television Franchise Renewal Legal Department November 18,209'3 V lNolte Gino Grimaldi 5~/~ The attached franchise with Falcon Cable Systems Company II, L.P., dba Charter Communications, comprehensively addresses the terms and conditions of Charter's right to use the public rights of way within the city. The franchise addresses the fees to be charged, requirements for public, educational and govemmental (PEG) access requirements, and complete terms for any violation or transfer of the franchise. The franchise is granted for five years retroactive to June 1, 2003. Charter is required to pay 5% of its gross revenue, the maximum permitted under federal law. PEG access fees (fees that help pay for the public, educational and governmental programming conducted by RVTV) are increased from $0.60 to $.075 per subscriber plus a one-time contribution from Charter of $50,000. Recommendations: Approve the franchise agreement and authorize the mayor to sign on behalf of the city. Fiscal Impact: The increase in PEG access fees will generate an additional $5,760 annually for a total of $28,800 in annual fees for RVTV. The PEG access fees and the $50,000 one time grant are required to be used for capital support for PEG access. The $50,000 is to be used to purchase PEG access equipment and facilities for the City's council chambers o Background: The city's first cable franchise was entered into in May 1983 with McCaw Communications for 20 years. The McCaw franchise was transferred to Cooke CableVision in February 1987, which was then transferred to TCI in 1990, then to Falcon Cable in July 1998. The City consented to a transfer of control of Falcon Cable to Charter Communications Holding Company, LLC in October 1999. The new franchise with Charter is based on the franchise negotiated with AFN CATV in 1999. At the time that franchise was approved, it was intended that the franchise be the model for future cable franchises. 1 - G 51egaI~PAU L\Telecommunications\Cable\C~able Renewal\franchise Charter 11-03 final cc.wpd There are, however, some differences in the Charter franchise: The more significant differences include 1) The definition of gross revenue excludes "launch fees" (fees paid by programmers to encourage the cable system to cmYy new programming) and PEG access fees collected by Charter from Charter's customers. Charter has never included these fees in gross revenue and the amount involved is minimal (less than $1,500 for PEG access and less than that for launch fees out of a total of an estimated $50,000 per year in franchise fees). 2) Language was added in paragraph 3.6 to restrict the city's access to customer names should the city audit Charter for compliance with the franchise. Because the city is a competitor, Charter was concerned that the city would use such audit information to the city's advantage in soliciting customers. As now written Charter will hire a certified public accountant to review the records and report to the city the result of the audit without disclosing customer names. 3) The AFN franchise does not include a grant to the city for PEG access. Charter's franchise requires Charter pay a $50,000 grant. Paragraph 8.7.2 of the Charter franchise states, however, that the city "shall endeavor to require a similar financial contribution, or an equivalent benefit for PEG Access, from Ashland Fiber Network Cable Television (AFN) upon the renewal of AFN's cable franchise." AFN's franchise expires in June 2004. Attachments: The cable franchise to be approved. G:\legaI~PAUL\Telecommunications\Cable\Cable Renewal\franchise Charter I 1-03 final cc.wpd 2- G:~legal\PAUL\Telecommunications\Cable\Oable Renewal\franchise Charter 11-03 final cc.wpd CABLE TELEVISION SYSTEM FRANCHISE AGREEMENT Cable Services Franchise Agreement ("agreement") dated between the City of Ashland ("City")and Falcon Cable Systems Company II, L.P., dba Charier Communications ("Grantee"). Recitals: A. Grantee is one of the City's cable television franchisees by virtue of an assignment of the original 20-year cable franchise issued to McCaw Communications in May 1983. i. The McCaw franchise was transferred to Cooke CableVision in February 1987. ii. The franchise was then retransferred to TCI in 1990. iii. The franchise was retransferred again to Falcon Cable in July 1998. iv. The City consented to a transfer of control of Falcon Cable to Charter Communications Holding Company, LLC in October 1999. B. City is authorized to grant one or more nonexclusive franchises to construct, operate, and maintain a cable television system within the city limits; and C. Grantee is willing to accept this agreement and to abide by the terms and conditions; City and Grantee agree: 1. Definitions. For the purposes of this agreement, the following terms, phrases, words and their derivations shall have the meaning set fodh below. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words not defined shall be given their common and ordinary meaning. The word "shall" is always mandatory and not merely directory. 1.1. Access means the availability for noncommercial use by various agencies, institutions, organizations, groups and individuals in the community, including City and its designees, of the Cable System to acquire, create, receive, and distribute video, Cable Service, and signals as permitted under applicable law, including, but not limited to: 1.1.1. Public Access which means Access where organizations, groups or individual members of the general public, on a nondiscriminatory basis, are the primary users; 1.1.2. Educational Access which means Access where schools and educational institutions are the primary users of programming and service 1.1.3. Governmental Access which means Access where governmental institutions are the primary users of programming and service; and 1.1.4. PEG Access which means Public Access, Educational Access, and Governmental Access, collectively. 1.2. Access Channel means any Channel, or portion of any Channel, designated for non-commercial Access purposes or otherwise made available to facilitate or transmit Access programming or service. 1- Falcon (Charter) CATV Franchise Cable Renewal\fl'anchise Charter 11~03 flnal.wpd 1.3. Basic Service means any service tier which includes the retransmission of local television broadcast signals and PEG Access Channels. 1.4. Cable Acts means the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992 and any amendments, including those contained in the Telecommunications Act of 1996. 1.5. Cable Operator means any Person or group of Persons, including Grantee, who provide Cable Service over a Cable System and directly owns a significant interest in such Cable System, or who otherwise control or are responsible for, through any arrangement, the management and operation of such a Cable System. 1.6. 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. 1.7. Cable System means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple Subscribers within a community, but such term does not include (1) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (2) a facility that serves Subscribers without using any public right-of-way; (3) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the federal Communications Act (47 U.S.C. 201 et seq.), except that such facility shall be considered a Cable System (other than for purposes of Section 621©) (47 U.S.C. 541©)) to the extent such facility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand service; (4) an open video system that complies with federal statutes; or (5) any facilities of any electric utility used solely for operating its electric utility systems. 1.8. Channel means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering video signal whether in an analog or digital format. This definition does not restrict the use of any channel to the transmission of analog video signals. 1.9. Downstream means the transmission from the Headend to remote points on the Cable System. 1.10. FCC means the Federal Communications Commission. 1.11. Franchise Area means the area within the city limits of Ashland as they now exist or as they may be amended in the future. 1.12. Gross Revenues means all revenues of Grantee, in any way derived from the operation of the Cable System to provide Cable Services in the Agreement Area. Gross Revenues include, by way of illustration and not limitation, monthly fees charged Subscribers for any Basic, optional, premium, per-channel, or per-program service; installation, disconnection, reconnection, and change-in-service fees; leased channel fees; late fees and administrative fees; from rentals or sales of converters or other equipment; advertising sales revenues; revenues from program guides; and revenues from home shopping channels. The term "Gross Revenues" encompasses any and all revenue of any kind, form or nature including 2- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 final.wpd franchise fees passed through by Grantee to Subscribers, except that the term does not include sales taxes imposed by law on Subscribers that the Grantee is obligated to collect. With the exception of recovered bad debt, "Gross Revenues" shall not include bad debt. Gross Revenues shall not include: 1. any taxes, fee or assessment of general applicability collected by the Grantee from Subscribers for pass-through to a government agency, including the FCC User Fee; and 2. any PEG or I-Net amounts recovered from Subscribers. 1.13. Headend means a facility for signal reception and dissemination on a Cable System, including cables, antennas, wires, satellite dishes, monitors, switches, modulators, processors and all other related equipment and facilities. 1.14. Interconnection means the provision by Grantee of technical, engineering, physical, and all other necessary components to maintain a physical linking of Grentee's Cable System and Cable Service or any designated Channel or signal pathway with neighboring Cable Systems, so that Cable Service of technically adequate quality may be sent to, and received from, other systems in accordance with this agreement. 1.15. Leased Access means the use of Channel capacity designated for commercial use by Persons unaffiliated with Grantee as defined in Section 612 of the Cable Act. 1.16. Origination Point means a location where Public, Educational, or Governmental use pregremming is delivered to the Grantee for Upstream transmission. 1.17. Person means any individual, natural Person, sole proprietorship, partnership, association, or corporation, or any other form of entity or organization. 1.18. Public Rights of Way include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public utility easements, and all other public ways, including the subsurface under and air space over these areas, excluding parks and parkways, but only to the extent of City's right, title, interest, or authority to grant a franchise to occupy and use such streets and easements for a Cable System and only to the extent that sufficient capacity exists for a Cable System. "Public rights of way" shall also include any easement granted to or owned by City or County and acquired, established, dedicated, or devoted for public utility purposes. 1.19. Quarterly, or quarter, means the standard calendar periods of January I - March 31, April 1 - June 30, July 1 - September 30, and October I - December 31, unless otherwise specified in this agreement. 1.20. RVTV means Rogue Valley Community Television as administered by the Extended Campus Program of Southern Oregon University. 1.21. School means any accredited educational institution, public or private, including, but not limited to, primary and secondary schools, and colleges and universities. 1.22. Street means each of the following which have been dedicated to the public, or which may be dedicated to the public in the future, and maintained under public authority or by others and located within the Franchise Area: Streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and other public ways. 3- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 flnal.wpd 1.23. Subscriber means any Person who elects to subscribe to, for any purpose, Cable Service provided by Grantee by means of, or in connection with, the Cable System, and whose premises are physically wired and lawfully activated to receive Cable Service from Grantee's Cable System. 1.23.1. Commercial Subscriber means any Subscriber other than a Residential Subscriber. 1.23.2. Residential Subscriber means any Person who contracts individually for Cable Service to a residence, whether that residence is a single family unit or located in a multiple dwelling unit. 1.24. Telecommunications, Telecommunications Facilities and Telecommunications Services have the same meaning as set forth in Ashland Municipal Code Title 16. 1.25. Upstream means the carrying of a transmission to the Headend from remote points on the Cable System. 2. Grant of Franchise. 2.1 Grant. 2.1.1. City grants to Grantee in the public interest a nonexclusive and revocable authorization to make lawful use of the Streets and Public Rights of Way within the Franchise Area to construct, operate, maintain, reconstruct, and repair a Cable System for the purpose of providing Cable Services. 2.1.2. This agreement is intended to convey limited rights and interests only as to those Streets and Public Rights of Way, in which the City has an actual interest. It is not a warranty of title or interest in any right-of-way, it does not provide the Grantee any interest in any particular location within the right-of-way, and it does not confer rights other than as expressly provided in this agreement. This agreement does not deprive the City of any powers, rights, or privileges it now has, or may acquire in the future, to use, perform work on, or regulate the use and control of the City's Streets covered by this agreement, including without limitation, the right to perform work on its roadways, rights-of-way, or appurtenant drainage facilities, including constructing, altering, paving, widening, grading, or excavating. 2.1.3. This agreement is subject to the general lawful police power of City affecting matters of local government concern and not merely existing contractual rights of Grantee. Nothing in this agreement shall be deemed to waive the requirements of the other codes and ordinances of general applicability enacted, or which may be enacted in the future, by City. 2.1.4. This agreement authorizes Grantee to engage in providing Cable Service, as that term is defined in 47 U.S.C. Sec. 522(6) as amended. This agreement shall not be interpreted to prevent the City from imposing lawful additional conditions, including additional compensation conditions for use of the rights-of-way should Grantee provide service other than Cable Service so long as similar conditions are also imposed on other similarly situated rights-of-way users. Nothing in this agreement shall be interpreted to 4- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 final.wpd prevent Grantee from challenging the lawfulness or enforceability of any provisions of applicable law. 2.1.5. Grantee promises and guarantees as a condition of exercising the privileges granted by this agreement, that any joint venture or partner of the Grantee directly involved in the offering of Cable Service in the Franchise Area, or directly involved in the management or operation of the Cable System in the Franchise Area, will also comply with the terms and conditions of this agreement. 2.2. Use of Public Streets And Ways. Subject to City's supervision and control, Grantee may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across, and along the public Streets, including rights-of-way and public utility easements within the Franchise Area, such wires, cables, conductors, ducts, conduits, vaults, amplifiers, pedestals, attachments, and other property and equipment as are necessary and appurtenant to the operation of a Cable System for the provision of Cable Service within the Franchise Area. Grantee shall comply with all applicable construction codes, laws, ordinances, regulations and procedures now in effect or enacted in the future, and must obtain any and all necessary permits from the appropriate agencies of City prior to commencing any construction activities. Grantee, through this agreement, is granted extensive and valuable rights to operate its Cable System for profit using City's public rights-of-way and public utility easements within the Franchise Area in compliance with all applicable City construction codes and procedures. As trustee for the public, City is entitled to fair compensation to be paid for these valuable rights throughout the term of this agreement. 2.3. Duration. The term of this agreement and all rights, privileges, obligations, and restrictions pertaining to this agreement shall be from the effective date of this agreement through June 1, 2008, unless extended or terminated sooner as provided below. 2.4. Effective Date. The effective date of this agreement shall be May 20, 2003, unless Grantee fails to file an unconditional written acceptance of this agreement and post any required bond or deposit within 45 days from Grantee's written acceptance of this agreement. in either event, this agreement shall be null and void, and any and all rights of Grantee to own or operate a Cable System within the Franchise Area under this agreement shall be of no force or effect. 2.5. Franchise Nonexclusive. This agreement shall be nonexclusive, and is subject to all prior rights, interests, agreements, permits, easements or licenses granted by City to any Person to use any street, right-of-way, easements not otherwise restricted, or property for any purpose whatsoever, including the right of City to use same for any purpose it deems fit, including the same or similar purposes allowed Grantee. City may, at any time, grant authorization to use the public rights-of-way for any purpose not incompatible with Grantee's authority under this agreement, and for such additional Franchises for Cable Systems as City deems appropriate, upon substantially equivalent terms and conditions to those contained in this agreement as City deems appropriate. 2.6. Grant of Other Franchises. 2.6.1. In the event the City enters into a franchise or other agreement of any kind with any other Person or entity other than the Grantee to enter into the City's public ways for the purpose of constructing or operating a Cable System, or providing Cable Service to any part of the Service Area in which the Grantee is actually providing Cable 5- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 final.wt~ Service under the terms and conditions of this agreement, or is required to extend Cable Service under the provisions of section 11.2, the material provisions of such other franchise or agreement shall be reasonably comparable to those contained in this agreement, in order that one operator not be granted an unfair competitive advantage over another. 2.6.2. If City grants a Franchise to a third party for service to an area that Grantee is not actually serving or required to extend service to, and which has material provisions that are not reasonably comparable to those contained in this agreement, City shall offer Grantee a franchise to serve the same area under terms and conditions that are reasonably comparable to those set forth in the franchise agreement entered into with the third party. 2.7. Police Powers. Grantee's rights under this agreement are subject to the lawful police powers of City to adopt and enforce ordinances necessary to the safety, health, and welfare of the general public and Grantee agrees to comply with all applicable laws and ordinances enacted, or enacted in the future, by City or any other legally-constituted governmental unit having lawful jurisdiction over the subject matter of the enactment. 2.8. Relations to Other Provisions of Law. This agreement and all rights and privileges granted under it are subject to, and the Grantee must exercise all rights in accordance with, applicable law as amended over the Franchise term. This agreement is a contract, subject to the City's exercise of its police and other regulatory powers and such applicable law. This agreement does not confer rights or immunities upon the Grantee other than as expressly provided in the agreement. In cases of conflict between this agreement and any ordinance of general application enacted pursuant to the City's police power, the ordinance shall govern. Nothing in this agreement, however, shall be interpreted to prevent Grantee from challenging the lawfulness or enforceability of any provision of applicable law. The Franchise issued and the Franchise fee paid are not in lieu of any other required permit, authorization, fee, charge, or tax, unless expressly stated in this agreement. 2.8.1. Without limiting the foregoing, by way of example and not limitation, this agreement shall not include or be a substitute for: 2.8.1.1. Any other permit or authorization required for the privilege of transacting and carrying on a business within the City that may be required by the ordinances and laws of the City. 2.8.1.2. Any permit, agreement or authorization required in connection with operations on or in public streets or property, including by way of example and not limitation, street cut permits; or 2.8.1.3. Any permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by this Agreement including, without limitation, permits and agreements for placing devices on or in poles, conduits, other structures, or railroad easements, whether owned by the City or a private entity. 2.8.2. This agreement does not authorize Grantee to provide Telecommunications Services, or to construct, operate or maintain Telecommunications Facilities. This Agreement is not a bar to imposition of any conditions on Grantee with respect to Telecommunications, 6- Falcon (Charter) CATV Franchise Cable Renewar\franchise Charter 11-03 final.wpd whether similar, different or the same as conditions specified herein. This Agreement does not relieve Grantee of its obligations to obtain an authorization to provide Telecommunications Services, or to construct, operate or maintain Telecommunications Facilities, or relieve Grantee of its obligation to comply with any such authorizations. 2.9. Effect of Acceptance. By accepting the agreement the Grantee: (1) acknowledges and accepts the City's legal right to issue and enforce the agreement; (2) agrees that it will not oppose the City's intervening or other participation in any proceeding affecting the Cable System; (3) accepts and agrees to comply with each and every provision of this agreement; and (4) agrees that the agreement was granted pursuant to processes and procedures consistent with applicable law, and that it will not raise any claim to the contrary. 3. FRANCHISE FEE AND FINANCIAL CONTROLS. 3.1. Franchise Fees. As compensation for the benefits and privileges granted under this agreement, and in consideration of permission to use City's Streets, Grantee shall pay as a Franchise fee to City, throughout the duration of this agreement, an amount equal to five percent of Grantee's Gross Revenues including the franchise fee itself, derived from the operation of the Cable System to provide Cable Service in the Franchise Area. Accrual of such Franchise fees shall commence as of the effective date of this agreement. The Franchise fees are in addition to all other fees, assessments, taxes, or payments of general applicability that the Grantee may be required to pay under any federal, state, or local law to the extent not inconsistent with applicable law. This agreement and the Franchise fees are not in lieu of any other generally applicable required permit, authorization, fee, charge, or tax. In the event any law or valid rule or regulation applicable to this franchise limits franchise fees below the five percent of gross revenues, the Grantee agrees to and shall pay the maximum permissible amount and, if such law or valid rule or regulation is later repealed or amended to allow a higher permissible amount, then the Grantee shall pay the higher amount up to the maximum allowable by law, not to exceed five percent during all affected time periods. 3.2. Payments. Grantee's Franchise fee payments to City shall be computed quarterly. Each quarterly payment shall be due and made available to City no later than 30 days after the last day of the preceding quarter. 3.3. Acceptance of Payment and Recomputation. No acceptance of any payment shall be construed as an accord by City that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim City may have for fudher or additional sums payable or for the performance of any other obligation of Grantee. 3.4. Quarterly Franchise Fee Reports. Each payment shall be accompanied by a written report to City containing an accurate statement in summarized form, as well as in detail, and in a form approved by City, of Grantee's Gross Revenues and the computation of the payment amount. 3.5. Annual Franchise Fee Reports. Grantee shall, no later than 180 days after the end of each calendar year, furnish to City a statement (Audited Gross Receipts Report) stating the total amount of Gross Revenues and all payments, deductions, and computations for the period covered by the payments. 7- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 flnal.wpd 3.6. Aurtits/reviews. On an annual basis, no more frequently than every '12 months, upon 30 days prior written notice, City shall have the right to conduct an independent audit or review of Grantee's records reasonably related to the administration or enforcement of this agreement, in accordance with generally accepted accounting principles. For purposes of this section, records reasonably related to the administration and enforcement of this agreement include those financial records pertaining to the number and location (i.e., the general geographic location of cable customers and not the customer's actual physical address) of cable customers within City's Urban Growth Boundary. Upon request of the City, Grantee shall hire an independent certified public accountant to audit or review the Grantee's financial records, in which case the Grantee shall make available all necessary records to the certified public accountant, including any records necessary to verify that franchise fees paid by the Grantee to the City are collected from all Subscribers served within the City limits and not from Subscribers served outside of the City limits. If the audit or review shows that Franchise fees have been overpaid or underpaid by less than 3%, then City shall reimburse Grantee for the total reasonable cost of the audit or review. In the event of any underpayment, Grantee shall be responsible to the City for any underpayment plus interest, at the rate specified in section 3.7 within 30 days of the City's written demand for same. Records for audit/review purposes shall include without limitation: 3.6.1. Source documents, which demonstrate the original or beginning amount, and the final amount shown on any report related to or included in the determination of franchise fees, revenues or expenses. 3.6.2. Source documents that completely explain any and all calculations related to any allocation of any amounts involving franchise fees, revenues, or expenses. 3.6.3. Any and all accounting schedules, statements, and any other form of representation, which relate to, account for, or support or correlate to any accounts involving franchise fees, revenues or expenses. 3.7. Interest on Late Payments. In the event that a franchise fee payment or other sum is not received by the City on or before the due date, or is underpaid, the Grantee shall pay in addition to the payment, or sum due, interest from the due date at a rate equal to the legal interest rate on judgments in the State of Oregon. 3.8. Alternative Remedies. If any section, subsection, paragraph, term, or provision of this Franchise agreement or any ordinance, law, or document incorporated by reference is held by a court of competent jurisdiction to be invalid, unconstitutional, or unenforceable, such holding shall be confined in its operation to the section, subsection, paragraph, term, or provision directly involved in the controversy in which such holding shall have been rendered, and shall not in any way affect the validity of any other section, subsection, paragraph, term, or prevision. Under such a circumstance the Grantee shall, upon the City's request, meet and confer with the City to consider amendments to the Franchise agreement. The purpose of the amendments shall be to place the parties, as nearly as possible, in the position that they were in prior to such determination, consistent with applicable law. In the event the parties are unable to agree to a modification of this agreement within 60 days either party may (1) seek appropriate legal remedies to amend the agreement, or (2) shorten the agreement to 36 months, at which point either party may invoke the renewal procedures under 47 U.S.C. Subsection 546. Each party agrees to participate in up to 16 hours of negotiation during the 60 day period. Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11~)3 finaLwpd 3.9. Additional Commitments Not Franchise Fees. No term or condition in this agreement shall in any way modify or affect Grantee's obligation to pay Franchise fees to City. Although the total sum of Franchise fee payments and additional commitments set forth elsewhere in this agreement may total more than 5% of Grantee's Gross Revenues in any 12- month period, Grantee agrees that the additional commitments are not Franchise fees as defined under any federal law, to the extent not inconsistent with applicable federal law, nor are they to be offset or credited against any Franchise fee payments due to City. 3.10. Costs of Publication. Grantee shall pay the reasonable cost of newspaper notices and publication pertaining to this agreement, and any amendments, including changes in control or transfers of ownership, as such notice or publication is reasonably required by City or applicable law. 3.11. Tax Liability. Payment of the Franchise fees under this agreement shall not exempt Grantee from the payment of any generally applicable license, permit fee or other generally applicable fee, tax or charge on the business, occupation, property or income of Grantee that may be imposed by City. 3.12. Payment on Termination. If this agreement terminates for any reason, the Grantee shall file with the City within 90 calendar days of the date of the termination, a financial statement, certified by an independent certified public accountant, showing the Gross Revenues received by the Grantee since the end of the previous fiscal year. The City reserves the right to satisfy any remaining financial obligations of the Grantee to the City by utilizing the funds available in a Letter of Credit or other security provided by the Grantee. 4. ADMINISTRATION AND REGULATION 4.1. Authority. City is vested with the power and right to regulate the exercise of the privileges permitted by this agreement in the public interest, or to delegate that power and right to the extent permitted under state and local law, to any agent, in its sole discretion. 4.2. Rates and Charges. All of Grantee's rates and charges related to or regarding Cable Service shall be subject to regulation by City to the full extent authorized by applicable federal, state and local laws. 4.3. Rate Discrimination. All of Grantee's rates and charges shall be published and shall be nondiscriminatory as to all Persons and organizations of similar classes, under similar circumstances and conditions. Grantee shall apply its rates in accordance with governing law, with similar rates and charges for all Subscribers receiving similar Cable Service, without regard to race, color, familial, ethnic or national origin, religion, age, sex, sexual orientation, marital, military or economic status, or physical or mental disability, or geographic location in the Franchise Area. Grantee shall provide equivalent Cable Service to all Residential Subscribers at similar rates and to Commercial Subscribers as authorized by applicable laws. Nothing in this section shall be construed to prohibit: 4.3.1. The temporary reduction or waiving of rates or charges in conjunction with valid promotional campaigns; 4.3.2. The offering of reasonable discounts to senior citizens or economically disadvantaged citizens; 9- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 final.wpd 4.3.3. Grantee from establishing different and nondiscriminatory rates and charges for commercial customers, as well as different nondiscriminatory monthly rates for commercial customers as allowable by federal law and regulations; or 4.3.4. Grantee from establishing different and nondiscriminatory rates and charges for Residential Subscribers as allowable by federal law and regulations. 4.4. Filing of Rates and Charges. Throughout the term of this agreement, Grantee shall maintain on file with City a complete schedule of applicable rates and charges for Cable Service provided under this agreement. Nothing in this subsection shall be construed to require Grantee to file rates and charges under temporary reductions or waivers of rates and charges in conjunction with promotional campaigns, and rates for multiple dwelling units. Grantee shall provide upon request from City a complete schedule of current rates and charges for any and all Leased Access provided by Grantee. The schedule shall include a description of the price, terms and conditions established by Grantee for Leased Access. 4.5. Time Limits Strictly Construed. Whenever this agreement sets forth a time for any act to be performed by Grantee, such time shall be deemed to be of the essence, and any failure of Grantee to perform within the allotted time may be considered a material violation of this agreement and sufficient grounds for City to invoke any relevant provision of this agreement. However, in the event that Grantee is prevented or delayed in the performance of any of its obligations under this agreement by reason of a force majeure occurrence, such as acts of God (for example, floods, tornadoes, earthquakes or unusually severe weather conditions), Grantee's performance shall be excused during the force majeure occurrence. After such occurrence Grantee shall promptly perform the affected obligations under this agreement or procure a substitute for performance which is satisfactory to City. Grantee shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers, employees, or duly authorized agents. Notwithstanding the foregoing, City shall utilize the procedure in section 13 to resolve any material breach committed by Grantee. 5. INDEMNIFICATION. Grantee shall, at its sole cost and expense, indemnify, hold harmless, and defend the City and its officers, boards, commissions, duly authorized agents, and employees against any and all claims, including, but not limited to, third pady claims, suits, causes of action, proceedings, and judgments for damages or equitable relief, to the extent such liability arises out of or through the acts or omissions of the Grantee arising out of the construction, operation or repair of its Cable System regardless of whether the act or omission complained of is authorized, allowed, or prohibited by this agreement, provided, however, the Grantee will not be obligated to indemnify City should City intervene in any proceeding regarding the grant of this agreement pursuant to section 7. Without limiting in any way the Grantee's obligation to indemnify the City and its officers, boards, commissions, duly authorized agents, and employees, as set forth above, this indemnity provision also includes damages and liabilities such as: 5.1. To persons or property, to the extent such liability arises out of or through the acts or omissions of the Grantee, its contractors, subcontractors, and their officers, employees, or duly authorized agents, or to which the Grantee's negligence or fault shall in any way contribute; 5.2. Arising out of any claim for invasion of the right of privacy; for defamation of any Person, firm or corporation; for the violation or infringement of any copyright, 10- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 flnal.wpd trademark, trade name, service mark, or patent; for a failure by the Grantee to secure consents from the owners or authorized distributors of programs to be delivered by the Cable System; or for violation of any other right of any Person, to the extent such liability arises out of or through the acts or omissions of the Grantee, provided, however, that Grantee will not be required to indemnify City for any claims arising out of use of PEG Access Channels by City or RVTV; 5.3. Arising out of Grantee's failure to comply with the provisions of any federal, state or local statute, ordinance, rule or regulation applicable to the Grantee with respect to any aspect of its business to which this agreement applies, to the extent such liability arises out of or through the acts or omissions of the Grantee; and 5.4. Arising from any third party suit, action or litigation, whether brought by a competitor to Grantee or by any other Person or entity, to the extent such liability arises out of or through the acts or omissions of the Grantee, whether such Person or entity does or does not have standing to bring such suit, action or litigation if such action (1) challenges the authority of the City to issue this agreement to Grantee; or (2) alleges that, in issuing this agreement to Grantee, the City has acted in a disparate or discriminatory manner. 5.5. The City shall give the Grantee timely written notice of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity obligation in this Section. In the event any such claim arises, the City or any other indemnified party shall tender the defense to the Grantee and the Grantee shall have the obligation and duty to defend, settle or compromise any claims arising from the claim, and the City shall cooperate fully. Grantee shall accept or decline the tender within 30 days. Grantee shall reimburse reasonable attorney fees and costs incurred by the City during the 30 day period in which the Grantee accepts or declines tender. In the event that the Grantee declines defense of the claim in violation of section 11, the City may defend such claim and seek recovery from Grantee its expenses for reasonable attorney fees and disbursements, including expert witness fees, incurred by City for defense and in seeking such recovery. 6. CUSTOMER SERVICE. Grantee shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice to subscribers affected and occur during periods of minimum use. 7. REPORTS AND RECORDS. 7.1. Open Records, . ~rRqtee s.~e all of its operations in accordance with a policy of ~,--ke~ping its documents and records~rectly concerning its gross revenues, including // custom..e.r ?.ent~fication number~, account numbers) and levels of service, open and / accessible~t~ C'._,ty-~-y-sh'a~have access to, and the right to inspect, any books and ~....__.~ecords of Grantee. Grantee shall not deny City access to any of Grantee's records on the basis that Grantee's records are under the control of any parent corporation, affiliated entity or a third party. City may, in writing, request copies of any such records or books and Grantee shall provide such copies within ten business days of the transmittal of such request. If the requested books and records are too voluminous, or 11- Falcon (Charter) CATV Franchise C~3ble Renewal\francflise Charter 11-03 final.wpd for security reasons cannot be copied or removed, then Grantee may request, in writing within ten business days, that City inspect them at one of Grantee's local area offices. If any books or records of Grantee are not kept in a local office, Grantee will provide or otherwise make such documents available for inspection and review at the local office within ten business days. The information disclosed by Grantee pursuant to this provision shall not be used by the City for any purpose other than determining the amount of compensation due the City and shall not be copied, reproduced, or otherwise duplicated by the City without the express written consent of Grantee. 7.1.2. Grantee shall at all times maintain and allow City, with reasonable notice, access and the right to review a full and complete set of plans, records and "as built" maps showing the exact location of all Cable System equipment installed or in use in the Franchise Area, exclusive of electronics, Subscriber drops and equipment provided in Subscribers' homes. These maps shall include computer maps and shall be maintained in a standard format and medium specified by the city, in sufficient detail to agreed upon by the City and the Grantee. City's review of the plans, records, and as-built maps, shall occur at the Grantee's local office, or, if the Grantee has no office within the city, then at a location within the city specified by the City. 7.1.3. The ability for City to obtain records and information from Grantee is critical to the administration of this agreement. Grantee's failure to comply with the requirements of this section may result in fines as prescribed in section 13.2. 7.2. Confidentiality. Subject to the limits of the Oregon Public Records Law, City agrees to treat as confidential any books and records that constitute proprietary or confidential information under federal or state law, to the extent Grantee makes City aware, whether verbally or in writing of such confidentiality. If City believes it must release any such confidential books and records in the course of enforcing this agreement, or for any other reason, it shall advise Grantee in advance so that Grantee may take appropriate steps to protect its interests. If City receives a demand from any Person for disclosure of any information designated by Grantee as confidential, City shall, so far as consistent with applicable law, advise Grantee and provide Grantee with a copy of any written request by the party demanding access to such information within a reasonable time. Until otherwise ordered by a court or agency of competent jurisdiction, City agrees that, to the extent permitted by state and federal law, it shall deny access to any of Grantee's books and records that are deemed to be confidential as set forth above to any Person. 7.3. Copies of Federal and State Documents. Grantee shall submit to City a list, or copies of actual documents, of all pleadings, applications, notifications, communications and documents of any kind, submitted by Grantee or its parent corporations or affiliates to any federal, state or local courts; regulatory agencies or other government bodies if such documents specifically relate to the operations of Grantee's Cable System within the Franchise Area. Grantee shall submit such list or documents to City no later than 30 days after their filing, mailing or publication. Grantee shall not claim confidential, privileged or proprietary rights to such documents unless under federal, state, or local law such documents have been determined to be confidential by a court of competent jurisdiction, or by a federal or state agency. To the extent allowed by law, any such confidential material determined to be exempt from public disclosure shall be retained in confidence by City and its duly authorized agents and shall not be made available for public inspection. 12- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 final.wpd 7.4. Inspection of Facilities. City may inspect upon request any of Grantee's facilities and equipment to confirm performance under this agreement at any time upon at least 24 hours notice, or, in case of an emergency, upon demand without prior notice. 7.5. False Statements. Any intentional false or misleading statement or representation in any report required by this agreement may be deemed a material violation of this agreement and may subject Grantee to all remedies, legal or equitable, which are available to City under this agreement or otherwise. 7.6. Report Expense. All reports and records required under this or any other Section shall be furnished, without cost, to City. 8. PUBLIC, EDUCATIONAL AND GOVERNMENTAL (PEG) ACCESS. 8.1. General Definitions. With respect to purposes of this section, the following definitions will apply with respect to PEG use of the Cable System. 8.1.1. ~Access Channel" means any Channel, or portion of any Channel, designated for non-commercial Access purposes or otherwise made available to facilitate or transmit Access programming or service. Each Access Channel shall be six MHz and must be capable of transmitting a standard analog video signal. The capacity can be used to transmit non-commercial signals in any format, and can be used to transmit: audio only, video, or other information (including, by way of example and not limitation, secondary audio, text, digital information, high-definition signals, and compressed signals.) A non-standard NTSC use shall be subject to the Grantee's prompt prior review and approval to ensure that the use will not cause unreasonable technical interference with other Channels. Such uses must be in furtherance of PEG uses. Additionally, there shall not be commercial use or lease of such PEG capacity without the express written permission of the Grantee. 8.1.2. "Digital Access Channel", as used in this Section, means a Channel carrying PEG continuous full-motion video programming in a digital format. Digital Access Channels shall have the same compression ratio and transmission quality as is used to carry any of the commercial Channels that deliver programming to the City in a similar format for delivery to each Subscriber. 8.1.3. "Origination Point" means a location, where PEG programming is delivered to the Grantee for Downstream transmission. 8.2. Management And Control of Access Channels. 8.2.1. City may authorize RVTV to control and manage the use of any and all Access Facilities provided by Grantee under this agreement, including, without limitation, the operation of Access Channels. To the extent of such designation by City, as between RVTV and Grantee, RVTV shall have sole and exclusive responsibility for operating and managing such Access Facilities. The City or its designee may formulate rules for the operation of the PEG Access Channels, consistent with this agreement; such rules shall not be designed to control the content of Public Access programming. Nothing in this section shall prohibit the City from authorizing itself or others to manage or co-manage PEG Access Channels and facilities. 13- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 final.wpd 8.2.2. Grantee shall cooperate with the City and RVTV in the use of the Cable System and Access facilities for the provision of PEG Access. Grantee shall enter into such operating agreements with RVTV as may be necessary to facilitate and coordinate the provision of PEG Access, provided that such operating agreements shall not be inconsistent with the terms of this agreement and shall be subject to approval by the City. 8.2.3. Except as provided in this agreement, the City shall allocate Access resources only to RVTV. The Grantee shall cooperate with the City in such allocations, in such manner as the City shall direct. 8.2.4. Subject to written authorization from the City, the Grantee shall have the right to use temporarily any Channel, or portion of any Channel, which is allocated under this section for PEG uses pursuant to section 61 l(d) of the Cable Act. 8.3. Channel Capacity And Use. 8.3.1. Upon the effective date of this agreement, all Access Channels provided for in this agreement are administered by the City or designee. 8.3.2. Upon the effective date of this agreement, the Grantee shall provide five Access Channels for distribution of PEG Access programming on the residential Cable System with provisions for an additional channel for public and government access uses. Such additional channel shall be made available when all channels granted pursuant to this paragraph are used for access purposes with locally produced programming 70% of the available broadcast time. The programming of additional channels required shall be distinct and non-repetitive of the previous channels. A program may be repeated no more than three times for purposes of the trigger calculation. For purposes of this computation, all time allocated to character generated or similar programming shall be excluded for the determination of when such channel is in use and programmed with public and governmental access programming.. 8.3.3. The Grantee shall provide connection of all PEG Access Channels required by this agreement to and from the Grantee's Headend and RVTV's Headends as of the effective date of this agreement. Grantee agrees to provide reconnection for RVTV's Headend if it is relocated within 12 months of the effective date of this agreement, at no charge to City or to RVTV. 8.3.4. If video programming is delivered in a digital format or the City requests that PEG Channels be digitized, then, in lieu of the Access Channels provided for in section 8.3.2, there shall be a maximum of 18 PEG continuous, full-motion video programming Digital Channels ("Digital Access Channels"). The City shall determine the number of Digital Access Channels to be activated, not to exceed 18. 8.4. Relocation of Access Channels. Grantee shall provide City with a minimum of 60 days' notice, and use its best efforts to provide 120 days notice, prior to the time PEG Access Channel designations are changed. Grantee shall consult with City prior to making a final determination regarding any changes in PEG Access Channel designations/assignments. Any new Channel designations for the PEG Access Channels provided pursuant to this agreement shall be in full compliance with FCC signal quality and proof of performance standards. 14- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11~3 final.wpd 8.5. Origination Points. 8.5.1. Additional permanent Origination Points required by the City or RVTV shall be provided by Grantee within 90 days following receipt of written notice from City at the expense of City or RVTV. 8.5.2. By mutual agreement by City and Grantee, upon six weeks written notice in advance of the scheduled cablecast, and provided that an active drop is available at the desired location, Grantee shall provide additional Origination Points on a shod term basis for the live cablecast of Access Programming. The incremental, out-of-pocket costs to Grantee shall be paid for by City or RVTV. Grantee shall not be required to facilitate more than one such Origination Points in any one week period. 8.5.3. There shall be no charge to the City, nor to any other person for the use of the upstream capacity from the program origination locations described in this section, so long as the transmissions are designed for rerouting and distribution on any PEG Channels. 8.6. Access Interconnections. 8.6.1. The Grantee shall maintain for the duration of this agreement any and all existing Interconnections of Access Channels with contiguous cable systems. 8.6.2. Grantee shall be capable of interconnection of PEG Access Channels in the Cable System and Cable Systems in Franchise Areas that are geographically adjacent to City, provided that City has secured the written permission for such Interconnection from the regulatory authority for the adjacent Franchise Area. The cost of such Interconnections shall be Grantee's so long as Grantee or Grantee's affiliate owns the adjacent Cable System. If the adjacent Cable System is not owned by Grantee, the cost for interconnection shall be equally shared by the two Cable Systems. 8.6.3. All Interconnections shall have the capability of transmitting and receiving PEG programming. All Intercennections shall be accomplished in a manner that permits the transmission of signals meeting the technical standards of this agreement on all interconnected Channels, consistent with section 8.10. Installation of all interconnect capacity shall be completed at the Grantee's expense, except as otherwise provided in this agreement. 8.6.4. The City, or RVTV, shall have the right to control and schedule the operation of all interconnected Access Channels and capacity. In addition, the City, or RV-I'V, shall have the right to use, at its sole discretion and at no cost, any Access Channels and capacity provided under this agreement for non-commercial purposes, in furtherance of PEG use. However, the requirement to interconnect PEG programming with adjacent Cable Systems of willing franchise authorities shall not result in an increase in the number of PEG Channels beyond the number of Access Channels provided for in section 8.3. 8.6.5, The Grantee shall take all necessary steps to ensure that technically adequate signal quality in compliance with FCC requirements are initially and continuously provided for all Access Intercennections and Origination Points. 15- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 flnaLwpd 8.7. Capital Support For Access Costs. 8.7.1. Grantee shall provide $0.75 per month, per Residential Subscriber for capital suppod for PEG Access. The contribution shall be payable by the Grantee to the City after notice has been given to Grantee's subscribers and contribution has been included on subscribers bills. The Grantee shall make its best efforts to submit the content of notice to subscribers regarding such changes to the City for review and comment at least 10 days prior to its printing. Except for the payment for the fiscal year beginning July 1, 2003, Grantee shall make such payments annually in advance on or before June 30 of each year for the ensuing fiscal year. The payment for the fiscal year beginning July 1, 2003, shall be made within 45 days from Grantee's written acceptance of this agreement. The advance shall be based upon an estimation of the fees for the ensuing fiscal year. Any difference in the advance fees and the actual fees will be reconciled at the end of the fiscal year for which the advance was made. Grantee shall also pay the above-described PEG access fee for the month of June 2003. This fee shall be reconciled with the advance fee made by Grantee for the fiscal year beginning July 1, 2002. 8.7.2. In addition to the fees required in the above subsection, Grantee shall provide a payment to City in the amount of $50,000 to be used to purchase PEG access equipment and facilities for the City's council chambers. This sum is due within 45 days from the Grantee's written acceptance of this agreement. City shall endeavor to require a similar financial contribution, or an equivalent benefit for PEG Access, from Ashland Fiber Network Cable Television (AFN) upon the renewal of AFN's cable franchise. 8.8. Access Support Not Franchise Fees 8.8.1. The Grantee agrees that support for Access shall in no way modify or otherwise affect the Grantee's obligations to pay franchise fees to the City. The Grantee agrees that although the sum of Franchise fees and the payments set forth in this section may total more than 5% of the Grantee's Gross Revenues in any 12 month period, the additional commitments shall not be offset or otherwise credited in any way against any franchise fee payments under this agreement. 8.8.2. The City recognizes Franchise fees and cedain additional commitments are external costs as defined under the FCC rate regulations in force at the time of adoption of this agreement and the Grantee has the right and ability to include franchise fees and cedain other commitments on the bills of cable customers. 8.9. Access Channels on Lowest Available Tier. All Access Channels provided to Subscribers under this agreement shall be included by the Grantee, without limitation, as a pad of the lowest available tier offered by the Grantee on its Cable System. 8.10. Change in Technology. In the event the Grantee makes any change in the Cable System and related equipment and Facilities or in the Grantee's signal delivery technology, 16- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 final.wpd which directly or indirectly substantially affects the signal quality or transmission Of Access services or programming, the Grantee shall, at its own expense, take necessary technical steps or provide necessary technical assistance, including the acquisition of all necessary equipment, and full training of the City's or Access personnel to ensure that the capabilities of Access services are not diminished or adversely affected by such change. 8.11. Technical Quality. The Grantee shall maintain all Upstream and Downstream Access services, Channels and Interconnections at the same level of technical quality and reliability required by this agreement and all other applicable laws, rules and regulations for Residential Subscriber Channels. The Grantee shall provide routine maintenance and shall repair and replace all transmission equipment, including associated cable and equipment in use upon the effective date of this agreement, necessary to carny a quality signal to and from the City's or RVTV's facilities. City and Grantee agree that the point of demarcation will be the input RF connection to Grantee's Fiber Optics Laser Transmitter, with Grantee responsible for repair and maintenance from the point of demarcation to Grantee's headend. 8.12. Promotional Services. The Grantee shall allow the City to include two bill stuffers per year. The City or RVTV shall be responsible for the cost of printing its bill stuffers, the costs of inseding the information into Grantee's bills, and for any incremental postage costs. Bill stuffers must conform to Grantee's mailing requirements. Grantee shall be provided an oppodunity to review and approve all PEG bill stuffers. 8.13. Channel Identification. If requested by the City or RVTV, at City or RVTV costs, the Grantee will identify the PEG Channels in its printed and electronic programming guides, by the general type of programming carried on the Channel. Grantee will bill the City or RVTV for the costs of these listings. 9. GENERAL STREET USE AND CONSTRUCTION. 9.1. Construction. 9.1.1. Subject to applicable laws, regulations and ordinances of City and the provisions of this agreement, Grantee may perform all construction necessary for the operation of its Cable System. All construction and maintenance of any and all facilities within Streets incident to Grantee's Cable System shall, regardless of who performs the construction, be and remain Grantee's responsibility. Grantee shall apply for, and obtain, all permits necessary for construction or installation of any facilities, and for excavating and laying any facilities within the Streets. Grantee shall pay, prior to issuance, all applicable fees of the requisite construction permits. 9.1.2. Prior to beginning any construction, Grantee shall provide City's Department of Public Works with a construction schedule for work in the Streets. All construction shall be performed in compliance with this agreement and all applicable City Ordinances and Codes, especially AMC Chapter 16.12 and section 16.12.090. When obtaining a permit, Grantee shall inquire in writing about other construction currently in progress, planned or proposed, in order to investigate thoroughly all opportunities for joint trenching or boring. Whenever it is possible and reasonably practicable to joint trench or share bores or cuts, Grantee shall work with other providers, grantees, permittees and franchisees so as to reduce as far as possible the number of Street cuts. 17- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 final.wpd 9.1.3. City shall have the right to inspect all construction or installation work performed within the franchise area as it shall find necessary to ensure compliance with the terms of this agreement and other pertinent provisions of law. 9.2. Location of Facilities. Within 48 hours after notification of any proposed Street excavation, Grantee shall, at Grantee's expense: 9.2.1. Mark on the surface all of its underground facilities within the area of the proposed excavation; 9.2.2. Notify the excavator of any unlecated underground facilities in the area of the proposed excavation; or 9.2.3. Notify the excavator that Grantee does not have any underground facilities in the vicinity of the proposed excavation. 9.3. Relocation. City shall have the right to require Grantee to change the location of any part of Grantee's Cable System within the Streets when the public convenience requires such change, and the expense shall be paid by Grantee. Should Grantee fail to remove or relocate any such facilities by the date established by City, City may effect such removal or relocation, and the expense shall be paid by Grantee, including all costs and expenses incurred by City due to Grantee's delay. If City requires Grantee to relocate its facilities located within the Streets, City shall make a reasonable effort to provide Grantee with an alternate location within the Streets. 9.4. Restoration of Streets. 9.4.1. Whenever Grantee disturbs the surface of any Street for any purpose, Grantee shall promptly restore the Street to at least its prior condition. When any opening is made by Grantee in a hard surface pavement in any Street, Grantee shall refill within 24 hours the opening and restore the surface to a condition satisfactory to City. 9.4.2. If Grantee excavates the surface of any Street, Grantee shall be responsible for restoration in accordance with applicable regulations of the jurisdiction within the area affected by the excavation. City may, after providing notice to Grantee, rafill or repave any opening made by Grantee in the Street, and the expense shall be paid by Grantee. City may, after providing notice to Grantee, remove or repair any work done by Grantee that, in the determination of City, is inadequate. The cost, including the costs of inspection and supervision, shall be paid by Grantee. All excavations made by Grantee in the Streets shall be properly safeguarded for the prevention of accidents. All of Grantee's work under this agreement, and this section in particular, shall be done in strict compliance with all rules, regulations and ordinances of City. Prior to making any Street or right-of-way cuts or openings, Grantee shall provide written notice to City. 9.5. Maintenance and Workmanship. 9.5.1. Grantee's Cable System shall be constructed and maintained in such manner as not to interfere with sewers, water pipes, or any other property of City, or with any other pipes, wires, conduits, pedestals, structures, equipment or other facilities that may have been laid in the Streets by, or under, City's authority. 18- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 final.wpd 9.5.2. Grantee shall provide and use any equipment necessary to control and carry Grantee's cable television signals so as to prevent injury to City's property or property belonging to any Person. Grantee, at its own expense, shall repair, change and improve its facilities to keep them in good repair, and safe and presentable condition. 9.6. Reservation of City Street Rights. Nothing in this agreement shall prevent City or utilities owned, maintained or operated by public entities other than City, from constructing sewers; grading, paving, repairing or altering any Street; repairing or removing water mains; or constructing or establishing any other public work or improvement. All such work shall be done, insofar as practicable, so as not to obstruct, injure or prevent the use and operation of Grantee's Cable System. However, if any of Grantee's Cable System interferes with the construction or repair of any Street or public improvement, including construction, repair or removal of a sewer or water main, Grantee's Cable System shall be removed or replaced in the manner City shall direct, and City shall in no event be liable for any damage to any portion of Grantee's Cable System. Any and all such removal or replacement shall be at the expense of Grantee. Should Grantee fail to remove, adjust or relocate its facilities by the date established by City's written notice to Grantee, City may effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee, including all reasonable costs and expenses incurred by City due to Grantee's delay. 9.7. Street Vacation. If any Street or portion of any Street used by Grantee is vacated by City during the term of this agreement, unless City specifically reserves to Grantee the right to continue its installation in the vacated Street, Grantee shall, without delay or expense to City, remove its facilities from such Street, and restore, repair or reconstruct the Street where such removal has occurred, and place the Street in such condition as may be required by City. In the event of failure, neglect or refusal of Grantee, after 30 days' notice by City, to restore, repair or reconstruct such Street, City may do such work or cause it to be done, and the reasonable cost, as found and declared by City, shall be paid by Grantee within 30 days of receipt of an invoice and documentation, and failure to make such payment shall be considered a material violation of this agreement. 9.8. Discontinuing Use of Facilities. Whenever Grantee intends to discontinue using any facility within the Streets, Grantee shall submit for City's approval a complete description of the facility and the date on which Grantee intends to discontinue using the facility. Grantee may remove the facility or request that City allow it to remain in place. Notwithstanding Grantee's request that any such facility remain in place, City may require Grantee to remove the facility from the Street or modify the facility to protect the public health, welfare, safety, and convenience, or otherwise serve the public interest. City may require Grantee to perform a combination of modification and removal of the facility. Grantee shall complete such removal or modification in accordance with a reasonable schedule set by City. Until such time as Grantee removes or modifies the facility as directed by City, or until the rights to and responsibility for the facility are accepted by another Person having authority to construct and maintain such facility, Grantee shall be responsible for all necessary repairs and relocations of the facility, as well as maintenance of the Street, in the same manner and degree as if the facility were in active use, and Grantee shall retain ail liability for such facility. If Grantee abandons its facilities, City may choose to use such facilities for any purpose whatsoever including, but not limited to, public, governmental, or educational purposes. 19- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 final.wpd 9.9. Hazardous Substances. 9.9.1. Grantee shall comply with all applicable local, state and federal laws, statutes, regulations and orders concerning hazardous substances relating to Grantee's Cable System in the Streets. 9.9.2. Grantee shall maintain and inspect its Cable System located in the Streets. Upon reasonable notice to Grantee, City may inspect Grantee's facilities in the Streets to determine if any release of hazardous substances has occurred, or may occur, from or related to Grantee's Cable System. In removing or modifying Grantee's facilities as provided in this agreement, Grantee shall also remove all residue of hazardous substances. 9.10. Undergrounding of Cable. 9.10.1. Wiring. A. Where all utility lines are installed underground at the time of Cable System construction, or when such lines are subsequently placed underground, all Cable System lines or wiring and equipment shall also be placed underground on a nondiscriminatory basis with other utility lines services at no additional expense to the City or Subscribers, to the extent permitted by law and applicable safety codes. Cable must be installed underground where: (1) all existing utilities are placed underground, (2) statute, ordinance, policy, or other regulation requires utilities to be placed underground, or (3) all overhead utility lines are placed underground. Related Cable System equipment such as pedestals must be placed in accordance with applicable Code requirements and underground utility rules as interpreted by each City's appropriate public works official. In areas where electric or telephone utility wiring is aerial, the Grantee may install aerial cable, except when a properly owner or resident requests underground installation and agrees to bear the reasonable additional cost in excess of aerial installation. B. The Grantee shall utilize existing poles and conduit wherever possible. C. This agreement does not grant, give or convey to the Grantee the right or privilege to install its facilities in any manner on specific utility poles or equipment of the City or any other Person without their permission. Copies of agreements for use of poles, conduits or other utility facilities must be provided upon request by the City upon demonstrated need and subject to protecting Grantee's proprietary information from disclosure to third padies. 9.10.2. Repair and Restoration of Property. A. Grantee shall protect public and private property from damage. If damage occurs the Grantee shall promptly notify the property owner within 24 hours in writing. B. If public or private property is disturbed or damaged, the Grantee shall restore the property to its former condition, normal wear and tear excepted. Public right-of-way or other City property shall be restored, in a manner and 20- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 flnal.wpd within a timeframe approved by the City;s Director of Public Works or other appropriate designated official. If restoration of public right-of-way or other properly of the City is not satisfactorily performed within a reasonable time, the Director of Public Works or other appropriate designated official may, after prior notice to the Grantee, or without notice where the disturbance or damage may create a risk to public health or safety, or cause delay or added expense to a public project or activity, cause the repairs to be made at the Grantee's expense and recover the cost of those repairs from the Grantee. Within 30 days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, the Grantee shall pay the City. If suit is brought upon Grantee's failure to pay for repair or restoration, and if judgment in such a suit is entered in favor of the City, then the Grantee shall pay alt of the City's actual costs and expenses resulting from the non-payment, including penalties, interest from the date the bill was presented, disbursements, attorneys' fees and litigation-related costs. Private property must be restored promptly, considering the nature of the work that must be performed and in no event later than 72 hours. C. Prior to entering onto private property to construct, operate or repair its Cable System in a manner in which it is assumed that temporary property damage will occur or the work will be of a duration exceeding four hours, Grantee shall give the Person residing on or using the property adequate written notice (such as a door hanger which clearly identifies the anticipated construction) that it intends to work on the property, a description of the work it intends to perform and a name and phone number the Person can call to protest or seek modification of the work. Work shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners, residents and users. Such notification is not required when Grantee is performing connection, disconnection and/or repair of its drop system or in times of emergency restorations of its plant. 9.10.3. Movement of Cable System For and By City. The City may remove, replace, modify or disconnect Grantee's facilities and equipment located in the public right-of-way or on any other property of the City in the case of fire, disaster, or other emergency, or when a project or activity of the City's makes the removal, replacement, modification or disconnection necessary or less expensive for the City. Except during an emergency, the City shall provide reasonable notice to Grantee prior to taking such action and shall, when feasible, provide Grantee with the opportunity to perform such action. Reasonable notice to Grantee includes notice by telephone. Following notice by the City, Grantee shall' remove, replace, modify or disconnect any of its facilities or equipment within any public right-of-way, or on any other property of the City, except that the City shall provide at least 60 days' written notice of any major capital improvement project which would require the removal, replacement, modification or disconnection of Grantee's facilities or equipment, if the Grantee fails to complete this work within the time prescribed and to the City's satisfaction, the City may cause such work to be done and bill the cost of the work to the Grantee. Within 30 days of receipt of an itemized list of those costs, the Grantee shall pay the City. 9.10.4. Movement for Other Franchise Holders. If any removal, replacement, modification or disconnection is required to accommodate the construction, operation or repair of the facilities or equipment of another Franchise holder, Grantee shall, after at least 30 days' advance written notice, take action to effect the necessary changes 21 - Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 final.wpd requested by the responsible entity. Those Persons shall determine how costs associated with the removal or relocation shall be allocated. 9.10.5. Movement for Other Permittees. At the request of any Person holding a valid permit and upon reasonable advance notice, Grantee shall temporarily raise, lower or remove its wires as necessary to permit the moving of a building, vehicle, equipment or other item. The permit holder must pay the expense of such temporary changes, and Grantee may require a reasonable deposit of the estimated payment in advance. 9.10.6. Tree Trimming. Subject to acquiring prior written permission of the City, the Grantee shall have the authority to trim trees that overhang a public right-of-way of the City so as to prevent the branches of such trees from coming in contact with its Cable System, in accordance with applicable codes and regulations and current, accepted professional tree trimming practices. 9.11. Codes. Grantee shall strictly adhere to all building and zoning codes currently in effect or in effect in the future. Grantee shall arrange its lines, cables and other appurtenances, on both public and private property, in such a manner as to not cause unreasonable interference with the use of said public or private property by any Person. In the event of such interference, City may require the removal or relocation of Grantee's lines, cables, and other appurtenances, at Grantee's cost, from the property in question. 9.12. Standards. 9.12.1. All work authorized and required shall be done in a safe, thorough and workerlike manner. The Grantee must comply with all safety requirements, rules, and practices and employ all necessary devices as required by applicable law during construction, operation and repair of its Cable System. By way of illustration and not limitation, the Grantee must comply with the National Electric Code, National Electrical Safety Code and Occupational Safety and Health Administration (OSHA) Standards. 9.12.2. Grantee shall ensure that individual Cable System drops are properly bonded to the electrical power ground at the home, and are consistent, in all respects, with the requirements of the National Electric Code and the National Electrical Safety Code. 10. TEST AND COMPLIANCE PROCEDURES. Upon request, Grantee shall advise City of schedules and methods for testing the Cable System on a regular basis to determine compliance with the provisions of applicable FCC technical standards. Representatives of City may witness tests, and written test reports may be made available to City upon request. As required by FCC Rules, Grantee shall conduct proof of performance tests and cumulative leakage index tests designed to demonstrate compliance with FCC requirements. Grantee shall provide City summary written reports of the results of such tests. 11. SERVICE EXTENSION, CONSTRUCTION, AND INTERCONNECTION 11.1. Equivalent Service. It is Grantee's general policy that all residential dwelling units in the Franchise Area have equivalent availability to Cable Service from Grantee's Cable System under nondiscriminatory rates and reasonable terms and conditions. Grantee shall not arbitrarily refuse to provide Cable Service to any Person within its Franchise Area. 22- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 flnal.wpd 11.2. Service Availability. 11.2.1. Grantee shall provide Cable Service in new subdivisions upon the earlier of either of the following occurrences: (A) Within 60 days of the time when foundations have been installed in 50% percent of the dwelling units in any individual subdivision; or (B) Within 30 days following a request from a resident. For purposes of this section, a receipt shall be deemed to be made on the signing of a service agreement, receipt of funds by the Grantee, receipt of a written request by Grantee, or receipt by Grantee of a verified verbal request. Grantee shall provide such service: (I) With no line extension charge except as specifically authorized elsewhere in this agreement; (ii) At a nondiscriminatory installation charge for a standard installation, consisting of a drop no longer than125 feet, with additional charges for non-standard installations computed according to a nondiscriminatory methodology for such installations, adopted by Grantee and provided in writing to City; and at nondiscriminatory monthly rates for Residential Subscribers. 11.3. Required Extensions of Service, Whenever the Grantee shall receive a request for service from at least ten residences within 1320 cable-bearing strand feet (one-quarter cable mile) of its trunk or distribution cable, it shall extend its Cable System to such Customers at no cost to the Customers for Cable System extension, other than the usual connection fees for all Customers within 90 days, provided that such extension is technically feasible, and if it will not adversely affect the operation, of the Cable System, or as provided under section 2.6. 11.3.1. No Customer shall be refused service arbitrarily. However, for unusual circumstances, such as a Customer's request to locate a cable drop underground, existence of more than 125 feet of distance from distribution cable to connection of service to Customers, or a density of less than ten residences per 1320 cable-bearing strand feet of trunk or distribution cable, service may be made available on the basis of a capital contribution in aid of construction, including cost of material, labor, and easements. For the purpose of determining the amount of capital contribution in aid of construction to be borne by the Grantee and Customers in the area in which service may be expanded, the Grantee will contribute an amount equal to the construction and other costs per mile, multiplied by a fraction whose numerator equals the actual number of residences per 1320 cable-bearing strand feet of its trunks or distribution cable and whose denominator equals ten residences. Customers who request such service will bear the remainder of the construction and other costs on a pro rata basis. The Grantee may require that the payment of the capital contribution in aid of construction borne by such potential Customers be paid in advance. 11.3.2. Failure to meet these standards shall subject grantee to enforcement actions on a per Subscriber basis in section 13. 11.3.3. Connection of Public Facilities. Grantee shall, at no cost to City, provide one outlet of Basic and expanded basic programming to City' public use buildings, as designated by City, and all libraries and Schools. In addition, Grantee agrees to provide, at no cost, one outlet of Basic and expanded basic programming to all such future public buildings if the drop line to such building does not exceed 125 cable feet or if City agrees to pay the incremental cost of such drop line in excess of 125 feet, including the cost of such excess labor and materials. Outlets of Basic and expanded basic programming provided in accordance with this subsection may be used to distribute Cable Service throughout such buildings, provided such distribution 23- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 final.wpd can be accomplished without causing Cable System disruption and general technical standards are maintained. Cost for any additional outlets shall be the responsibility of City. 12. STANDBY POWER. Grantee shall provide standby power generating capacity at the Cable System Headend capable of providing at least 12 hours of emergency operation. Grantee shall maintain standby power system supplies, to the node, rated for at least two hours duration. In addition, throughout the term of this agreement, Grantee shall have a plan in place, along with all resources necessary for implementing such plan, for dealing with outages of more than two hours. This outage plan and evidence of requisite implementation resources shall be presented to City no later than 90 days following the effective date of this agreement. 13. FRANCHISE VIOLATIONS; REVOCATION OF FRANCHISE. 13.1. Procedure For Remedying Franchise Violations. 13.1.1. If City believes that Grantee has failed to perform any obligation under this agreement or has failed to perform in a timely manner, City shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged violation. 13.1.2. The City must provide written notice of a violation. Upon receipt of notice, the Grantee will have a period of 30 days to cure the violation or 30 days to present to the City a reasonable remedial plan. The City shall, with Grantee's consent, decide whether to accept, reject, or modify the remedial plan presented by the Grantee. Fines shall be assessed only in the event that either a cure has not occurred within 30 days or the City rejects the remedial plan. The procedures provided in section 13 shall be utilized to impose any fines. The date of violation will be the date of the event and not the date Grantee receives notice of the violation provided, however, that if City has actual knowledge of the violation and fails to give the Grantee the notice, then the date of the violation shall be no earlier than ten business days before the City gives Grantee the notice of the violation. Grantee shall have 30 calendar days from the date of receipt of such notice to: 13.1.2.1, Respond to City, contesting City's assertion that a violation has occurred, and requesting a hearing in accordance with subsection 13.1.5, or; 13.1.2.2. Cure the violation, or; 13.1.2.3. Notify City that Grantee cannot cure the violation within the thirty 30 days, and notify the City in writing of what steps the Grantee shall take to cure the violation including the Grantee's projected completion date for such cure. In such case, City shall set a hearing date within 30 days of receipt of such response in accordance with section 13.1.3. 13.1.3. In the event that the Grantee notifies the City that it cannot cure the violation within the 30 day cure period, City shall, within thirty 30 days of City's receipt of such notice, set a hearing. At the hearing, City shall review and determine whether the Grantee has taken reasonable steps to cure the violation and whether the Grantee's proposed plan and completion date for cure are reasonable. In the event such plan and completion date are determined by mutual consent to be reasonable, the same may be 24- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 final,wpd approved by the City, who may waive all or part of the fines for such extended cure period in accordance with the criteria set forth in section 13.1.7. 13.1.4. In the event that the Grantee fails to cure the violation within the 30 day basic cure period, or within an extended cure period approved by the City pursuant to section 13.1.3, the City shall set a hearing to determine what fines, if any, shall be applied. 13.1.5. In the event that the Grantee contests the City's assertion that a violation has occurred, and requests a hearing in accordance with section 13.1.2.1, the City shall set a hearing within 60 days of the City's receipt of the hearing request to determine whether the violation has occurred, and if a violation is found, what fines shal~ be applied. 13.1.6. In the case of any hearing pursuant to this section, City shall notify Grantee of the hearing in writing and at the hearing, Grantee shall be provided an opportunity to be heard, examine City's witnesses, and to present evidence in its defense. The City may also hear any other person interested in the subject, and may provide additional hearing procedures as City deems appropriate. 13.1.7. The fines set forth in section 13.2 may be reduced at the discretion of the City, taking into consideration the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors: (A) Whether the violation was unintentional; (B) The nature of the harm which resulted; (C) Whether there is a history of prior violations of the same or other requirements; (D) Whether there is a history of overall compliance, or; (E) Whether the violation was voluntarily disclosed, admitted or cured. 13.1.8. if, after the hearing, City determines that a violation exists, City may use one or more of the following remedies: (A) Order Grantee to correct or remedy the violation within a reasonable time frame as City shall determine; (B) Establish the amount of fine set forth in section 13.2, taking into consideration the criteria provided for in section 13.1.7 of this section as appropriate in City's discretion; (C) Revoke this agreement, or; (D) Pursue any other legal or equitable remedy available under this agreement or any applicable law. 13.2. Fines. 13.2.1. Failure to comply with provisions of the agreement may result in injury to City. It will be difficult to accurately estimate the extent of such injury, Therefore, the financial penalty provisions of this agreement are intended as a reasonable forecast of compensation to City for the harm caused by violation of this agreement, including but not limited to administrative expense, legal fees, publication of notices, and holding of a hearing or hearings as provided in this agreement. The fine for violating any provision of 25- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 final.wpd this agreement shall be $250 per day for every day the violation continues with a cap of $10,000. 13.2.2. Collection of Fines. The collection of fines by the City shall in no respect affect: (A) Compensation owed to Subscribers; or (B) The Grantee's obligation to comply with all of the provisions of this agreement or applicable law; or C) Other remedies available to the City. 13.3. Revocation. In addition to all other rights and powers retained by the City under this agreement or otherwise, the City reserves the right to forfeit and terminate this agreement and all rights and privileges of the Grantee, in whole or in part, in the event of a material violation of its terms and conditions. A material violation by the Grantee shall include, but shall not be limited to the following: 13.3.1. Violation of any material provision of this agreement or any other agreement between City and Grantee, or any material rule, order, regulation, standard or determination of the City or authorized agent made pursuant to this agreement or other agreement; 13.3.2. Attempt to evade any material provision of this agreement or to practice any fraud or deceit upon the City or its Subscribers or customers; 13.3.3. Failure to restore service after 48 consecutive hours of interrupted service system-wide, except when approval of such interruption is obtained from the City; 13.3.4. Material misrepresentation of fact in the application for or negotiation of this agreement, or; 13.4. Relationship of Remedies. 13.4.1. Remedies are Non-exclusive. The remedies provided for in this agreement are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of another remedy, or the exercise of any rights of the City at law or equity provided that the cumulative remedies may not be disproportionate to the magnitude and severity for the breach for which they are imposed. By way of example and not limitation, the collection of fines by City shall in no respect affect: (A) Compensation owed to subscribers; or (B) Grantee's obligation to comply with the provisions of this agreement or applicable law. 13,4.2. No Election of Remedies. Without limitation, the recovery of amounts under the insurance, indemnity or penalty provisions of this agreement shall not be construed as any of the following: an election of remedies; a limit on the liability of Grantee under the agreement for fines or otherwise; or an excuse of faithful performance by Grantee. 26- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 final.wpd 13.5. Removal. 13.5.1. In the event of termination, expiration or revocation of this agreement, City may order the removal of the above-ground Cable System facilities and such underground facilities as required by City in order to achieve reasonable engineering or Street-use purposes, from the Franchise Area at Grantee's sole expense within a reasonable period of time as determined by City. In removing its plant, structures and equipment, Grantee shall refill, at its own expense, any excavation that is made by it and shall leave all Streets, public places and private properly in as good a condition as that prevailing prior to Grantee's removal of its equipment. 13.5.2. If Grantee fails to complete any required removal to the satisfaction of City, City may cause the work to be done and Grantee shall reimburse City for the reasonable costs incurred within 30 days after receipt of an itemized list of the costs. 13.6. No Recourse Against City. Grantee shall not have any monetary recourse against City or its officials, boards, commissions, agents or employees for any loss, costs, expenses or damages arising out of any provision or requirement of this agreement or its enforcement, in accordance with the provisions of applicable federal, state and local law. The rights of the City under this agreement are in addition to, and shall not be read to limit, any rights or immunities the City may enjoy under federal, state or local law. 13.7. Nonenforcement by City. Grantee is not relieved of its obligation to comply with any of the provisions of this agreement by reason of any failure of City to enforce prompt compliance. City's forbearance or failure to enforce any provision of this agreement shall not serve as a basis to stop any subsequent enforcement. The failure of the City on one or more occasions to exercise a right or to require compliance or performance under this agreement or any applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance, unless such right has been specifically waived in writing. Any waiver of a violation is not a waiver of any other violation, whether similar or different from that waived. 14. ABANDONMENT t4.1. Effect of Abandonment. If the Grantee abandons its System during the agreement term, or fails to operate its Cable System in accordance with its duty to provide continuous service, the City, at its option, may operate the Cable System; designate another entity to operate the Cable System temporarily until the Grantee restores service under conditions acceptable to the City or until the agreement is revoked and a new Franchise is selected by the City; or obtain an injunction requiring the Grantee to continue operations. If the City is required to operate or designate another entity to operate the Cable System, the Grantee shall reimburse the City or its designee for all reasonable costs, expenses and damages incurred. 14.2. What Constitutes Abandonment. The City shall be entitled to exercise its options and obtain any required injunctive relief if: 14.2.1. The Grantee fails to provide Cable Service in accordance with this agreement to the Franchise Area for 96 consecutive hours, unless the City authorizes a longer interruption of service, except if such failure to provide service is due to a force majeure occurrence, as described in section 4.5; or 27- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 finaLwpd 14.2.2. The Grantee, for any period, willfully and without cause refuses to provide Cable Service in accordance with this agreement. 15. FRANCHISE RENEWAL AND TRANSFER. 15.1. Renewal. 15.1.1. Any proceedings undertaken by the City that relate to the renewal of Grantee's agreement shall be governed by and comply with the provisions of the Cable Act (47 USC §546), unless the procedures and substantive protections there set fodh shall be deemed to be preempted and superseded by the provisions of any subsequent provision of federal or state law. 15.1.2. In addition to the procedures set fodh in the Cable Act, the City agrees to notify Grantee of the completion of its assessments regarding the identification of future cable-related community needs and interests, as well as the past performance of Grantee under the then current Franchise term. Notwithstanding anything to the contrary set forth in this agreement, City and Grantee agree, that at any time during the term of the then current agreement, while affording the public adequate notice and opportunity for comment, City and Grantee may agree to undertake and finalize negotiations regarding renewal of the then current agreement and the City may grant a renewal. Grantee and City consider the terms set forth in this section to be consistent with the express provisions of the Cable Act. 15.2. Transfer of Ownership or Control. 15.2.1. The Cable System and this agreement shall not be sold, assigned, transferred, leased, or disposed of, either in whole or in part, either by involuntary sale or by voluntary sale, merger, consolidation, nor shall the title, either legal or equitable, or any right, interest, or property pass to or vest in any Person or entity, without the prior written consent of the City, which consent shall not be unreasonably withheld. 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 the Cable System or this agreement. 15.2.2. The Grantee shall promptly notify the City of any actual or proposed change in, or transfer of, er acquisition by any other party of control of the Grantee. The word "control" as used is this section is not limited to majority stockholders but includes actual working control in whatever manner exercised. A rebuttable presumption that a transfer of control has occurred shall arise on the acquisition or accumulation by any Person or group of Persons of 10% of the shares or the general partnership interest in the Grantee, except that this sentence shall not apply in the case of a transfer to any Person or group already owning at least a 10% interest of the shares or the general partnership interest in the Grantee. Every change, transfer or acquisition of control of the Grantee shall make this agreement subject to cancellation unless and until the City shall have consented. 15.2.3. The parties to the sale or transfer shall make a written 'request to the City for its approval of a sale or transfer and furnish all information required by law and the City. 28- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 final.wpd 15.2.4. The City shall render a final written decision on the request within 120 days of the request, provided it has received all requested information. Subject to the foregoing, if the City fails to render a final decision on the request within 120 days, such request shall be deemed granted unless the requesting pady and the City agree to an extension of time. 15.2.5. Within 30 days of any transfer or sale, if approved or deemed granted by the City, Grantee shall file with the City a copy of the deed, agreement, lease or other written instrument evidencing such sale or transfer of ownership or control, certified and sworn to as correct by Grantee and the transferee. 15.2.6. In reviewing a request for sale or transfer, the City may inquire into the legal, technical and financial qualifications of the prospective controlling party or transferee, and Grantee shall assist the City in so inquiring. The City may condition said sale or transfer upon such terms and conditions as it deems reasonably appropriate, provided, however, any such terms and conditions so attached shall be related to the legal, technical, and financial qualifications of the prospective controlling party or transferee and to the resolution of outstanding and unresolved issues of noncompliance with the terms and conditions of this agreement by Grantee. 15.2.7. The consent or approval of the City to any transfer by the Grantee shall not constitute a waiver or release of any rights of the City, and any transfer shall, by its terms, be expressly subordinate to the terms and conditions of this agreement. 15.2.8. Notwithstanding anything to the contrary in this section, the prior approval of the City shall not be required for any sale, assignment or transfer of the agreement or Cable System for cable television system usage to an entity controlling, controlled by or under the same common control as Grantee provided that the proposed assignee or transferee must show financial responsibility as may be determined necessary by the City and must agree in writing to comply with all provisions of the agreement. 16. SEVERABILITY. If any section, subsection, paragraph, term or provision of this agreement is determined to be illegal, invalid or unconstitutional by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction, such determination shall have no effect on the validity of any other section, subsection, paragraph, term or .provision of this agreement, all of which will remain in full force and effect for the term of the agreement. 17. MISCELLANEOUS PROVISIONS. 17.1. Preferential or Discriminatory Practices Prohibited. Grantee shall not discriminate in hiring, employment or promotion on the basis of race, color, creed, ethnic or national origin, religion, age, sex, sexual orientation, marital status, or physical or mental disability. Throughout the term of this agreement, Grantee shall fully comply with all equal employment or nondiscrimination provisions and requirements of federal, state and local law and, in particular, FCC rules and regulations. 17.2. Dispute Resolution. Should a dispute arise between the parties concerning 29- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 finaLwpd any aspect of this agreement which is not resolved by mutual agreement of the parties, and unless either party believes in good faith that injunctive relief is warranted, the dispute will be submitted to mediated negotiation prior to any party commencing litigation. In such event, the City and Grantee agree to participate in good faith in a non-binding mediation process. The mediator shall be selected by mutual agreement of the parties, In the absence of such mutual agreement, each party shall select a temporary mediator, and those mediators shall jointly select a permanent mediator. If the parties are unable to successfully conclude the mediation within 45 days from the date of the selection of the mediator, either party may terminate fudher mediation by sending written notice to the other. After written notice has been received by the other party, either party may pursue whatever legal remedies exist. All costs associated with mediation shall be borne, equally and separately, by the parties. 17.3. Notices. Throughout the term of the agreement, Grantee shall maintain and file with City a designated legal er local address for the service of notices by mail. A copy of all notices from City to Grantee shall be sent, postage prepaid, to such address and such notices shall be effective upon the date of mailing. At the effective date of this agreement, such addresses shall be: General Manager Charter Communications 926 S. Grape Street Medford, OR 97501 With a copy to: Attn: VP, Government Relations Charter Communications 12405 Powerscourt Drive St, Louis, MO 63131~3674 All notices to be sent by Grantee to City under this agreement shall be sent, postage prepaid, and such notices shall be effective upon the date of mailing. At the effective date of this agreement, such address shall be: City Administrator City of Ashland 20 East Main Street Ashland, Oregon 97520 Either party may with 30 prior days written notice to the other party, change the address(es) to which notices shall be sent pursuant to this section 17.3. 17.4. Binding Effect. This agreement shall be binding upon the parties, their successors and assigns. 17.5. Authority to Amend. This agreement may be amended at any time by written agreement between the padies. 30- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 final.wpd 17,6. Governing Law. This agreement shall be governed in all respects by the laws of the State of Oregon. 17,7. Captions. The captions and headings of this agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of any provisions of this agreement. 17,8. Entire Agreement. This agreement contains the entire agreement between the parties, supersedes all prior agreements or proposals except as specifically set forth in this agreement, and cannot be changed orally but only by an instrument in writing executed by the parties. 17,9. Construction of Agreement. The provisions of this agreement shall be liberally construed to promote the public interest. Agreed to this day of ,2003, Grantee Falcon Cable Systems Company II, L.P. By: City of Ashland By: Title: Mayor By: Attest: Title: City Recorder 31- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charter 11-03 finaLwpd CiTY OF -ASHLAND Council Communication Title: Dept: Date: Submitted By: Approved By: Ordinance Amending Ashland Municipal Code Section 2.04.040 by Revising Rules of the City Council with respect to Public Hearings and First Reading of an Ordinance Pertaining to the Public Hearing Administration ~ November 18, 2003 Gino Grimaldi, City Administrator V~,l~fffil Nolte, City Attorney Synopsis: Amendment to Ashland Municipal Code Section 2.040.040 to revise rules of the City Council allowing a change in the order of business for Council Agendas. First readings of ordinances pertaining to Public Heatings will take place at the conclusion of the public heating. This change is proposed to provide for members of the public who have come to speak at the public heating, and the opportunity to immediately observe the City Council's action regarding the ordinance. Council adopted the first reading of this ordinance at the November 4, 2003 meeting. Recommendation: Staffrecommends council to pass and adopt the second reading of this ordinance at its November 18, 2003 meeting. Fiscal Impact: None. Background: The council agenda and order o£business is determined in Section 2.04.040 o£th¢ Ashland Municipal Code. Changes to the order o£business must bc approved by the city council. ORDINANCE NO. AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE SECTION 2.04.040 BY REVISING RULES OF THE CITY COUNCIL WITH RESPECT TO PUBLIC HEARINGS AND FIRST READING OF AN ORDINANCE PERTAINING TO THE PUBLIC HEARING THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Subsection A.5 of Section 2.04.040 of the Ashland Municipal Code shall be amended by adding the following sentence thereto: A. Except as provided in subsection B hereof, the order of business of the Council shall be: 5. Public hearings, subject to the limitations of Subsection D and first readings of ordinances that pertain to the public hearing. The foregoing ordinance was first READ on the 4th day of November, 2003, and duty PASSED and ADOPTED this__day of ,2003. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2003. i~l~N~Wed as to form: au olte, City Attorney Alan W. DeBoer Mayor Fran/resos and ords/ord re amendment to 2.04.040 order of business CiTY OF --ASHLAND Council Communication Title: Dept: Date: Submitted By: Approved By: Synopsis: A Resolution Setting the Time and Place for a Public Hearing on the Withdrawal of Certain Real Property from Jackson County Fire District No. 5, and Directing Publication of Notice as Required by ORS 222.524 (Russ Dale Annexation, 250 Clay Street) Legal Department November 1,8,/20~, Paul Nolte ['"' 4)} Gino Grimaldi ~.~ The council approved this annexation on February 4, 2003. The resolution annexing the property is scheduled for the council meeting on December 16, 2003. In addition to annexing the property, the council should also withdraw the property from the fire district as Ashland provides fire protection within the city limits. A public hearing is required by statute before the property may be withdrawn from the district. Recommendations: Adopt the resolution to set the public hearing for December 16, 2003. Fiscal Impact: The city is required to assume the obligations levied against the property for any outstanding bonds of the district. There are no outstanding bonds. Background: This is one of three phases for a "full consent" annexation (where all of the landowners and at least 50% of the electors residing in the area to be annexed have consented to the annexation). The first phase is the land use phase coordinated through the planning department where hearings are held before the planning commission and the council. That phase was completed in February 2003 when the council adopted land use findings approving the annexation. Another phase is set to come before the council on December 16, 2003, to adopt a resolution actually annexing the property. 1- G:~legal~Office\ORD~A~Annex reso seeing public hearing (Dale-Clay Street) cc.wpd The third phase involves the withdrawal of the annexed area from any special district. For Ashland, the only special district involved is Jackson County Fire District #5. This phase involves a statutorily required public hearing and council adoption of an ordinance withdrawing the area from the district. Attachments: 1. Resolution setting the public hearing and the legal description of the property. 2. Map of the property to be annexed. 2- G:~egal\Office\ORD~A',Annex reso setting public headng (Dale-Clay Street) cc.wpd RESOLUTION NO. 2003- A RESOLUTION SETTING THE TIME AND PLACE FOR A PUBLIC HEARING ON THE WITHDRAWAL OF CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO. 5, AND DIRECTING PUBLICATION OF NOTICE AS REQUIRED BY ORS 222.524 (RUSS DALE ANNEXATION, 250 CLAY STREET) THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Pursuant to ORS 222.524 a public hearing shall be held on December 16, 2003, at 7 p.m., in the Council Chambers, Civic Center, 1175 East Main Street, Ashland, Oregon, on the question of withdrawal of property located at 250 Clay Street, and described on the attached Exhibit A, from Jackson County Fire District No. 5. All persons may appear before the Ashland City Council and be heard on the question. SECTION 2. The city recorder is directed to give notice of the hearing as required by ORS 222.524{2). SECTION 3. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code § 2.04.090 duly PASSED and ADOPTED this __ day of ,2003. Barbara Chdstensen, City Recorder SIGNED and APPROVED this day of ., 2003. Alan W. DeBoer, Mayor wed~ a~au~, City Attorney 1 - Resolution G:~legal\Office\ORD~AgAnnex reso setting public hearing (Dalc~Clay Street).wpd TELEPHONE ~ L.J. FRIAR AND ASSOCIATES, P.C. FAX 541-772-~782 ~ CONSULTING LAND SURVEYORS $41-772-8465 816 WEST 8TH STREET MEDFORD, OREGON 97501 JAMES E HISBS, PLS IJfrlar~charter.~et E)GiIBIT A LEGAL DESCRIPTION Beginning at the Southwest corner of Lot 39 of CHAUTAUQUA TRACE, PHASE 2, A PLANNED COMMUNITY, according to the official plat thereof, now of record, in Jackson County, Oregon; thence along the West line of said PHASE 2 and the existing City of Ashland Boundary, South 00°05'27" West, 111.48 feet to a found 3/4 inch iron pipe marking the Southwest corner of said PHASE 2; thence South 00°07'16" West, 131.52 feet to a point from which a found 5/8 inch iron pin established by Survey No. 8604, on file in the Office of the Jackson County Surveyor, bears South 00°07'16'' West; thence leaving said City Boundary, North 89°34'07" West, 381.53 feet; thence North 89°38'04'' West, 255.60 feet to the East line of Clay Street; thence North 89°55'19" West, 60 feet to the West line of Clay Street; thence along said West line, North 00°04'41'' East, 32.2 feet, more or less, to the Southeast corner of Lot 1 of ASHLAND MEADOW VILLAGE SUBDIVISION, PHASE 1, according to the official plat thereof, now of record, in Jackson County, Oregon; thence along the existing City Boundary the following three courses, South 89°55'19" East, 60 feet to the East line of Clay Street; thence along said East line, North 00°04'41" East, 176.74 feet to an angle point in said Boundary; thence North 89°55'19" West, 60 feet to the Northeast corner of said ASHLAND MEADOW VILLAGE SUBDIVISION, PHASE 1; thence leaving said City Boundary along the West line of Clay Street, North 00°04'41'' East, 824.99 feet to the South line of East Main Street; thence along said South line, South 83°33'13'' East, 60.37 feet to the East line of Clay Street; thence along said East line, South 00°04'41" West, 701.39 feet to an existing fence line; thence along the average location of said fence line, South 89o26'59" East, 142.65 feet; thence South 89043'43'' East, 494.62 feet to the West line of said PHASE 2; thence along said West line, South 00005'27'' West, 83.68 feet to the point of beginning. Containing 5.94 acres, more or less. REVISED TRACT TO BE ANNEXED (Includes Clay Street R/W) Russ Dale 01-122 October 22, 2003 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 17, 1986 JAM~S E, HIBB$