HomeMy WebLinkAbout2012-0305 Study Session MIN CITY COUNCIL STUDY SESSION
March i, 2012
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MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
March 5,2012
Siskiyou Room,51 Winburn Way
Mayor Stromberg called the meeting to order at 5:31 p.m. in the Siskiyou Room.
Councilor Chapman, Silbiger, Slattery, Lemhouse, and Voisin, were present. Councilor Morris arrived at
5:34 p.m.
Mayor Stromberg explained the new format for Study Sessions would allow more free-flowing
discussion. It would still prohibit public testimony but take written submissions from citizens prior to the
meeting. City Administrator Dave Kanner further explained the provision in the code restricting Council
from deliberating had been misinterpreted over the years and that Council could discuss items and
provide staff with direction on an action and suggested changing the code provision to reflect that.
City Attorney David Lohman added it was difficult using the words `deliberate towards a decision'
because that language was in Public Meeting Law. However, the meaning was different in the code
provision. Under State law, a closed meeting could not obtain information regarding items to deliberate
but the Ashland code stated it was ok to get information from staff that may lead to a Council decision.
As long as the purpose did not involve public input, occurred during a time when Council conferred with
each other, and Council did not make final decisions.
1. Look Ahead Review
Item not addressed.
2. Will Council provide staff direction on policy issues for the proposed special events policy?
Public Works Director Mike Faught addressed the following nine policy issues that required further
direction from Council:
1) Scope: "This policy does not apply to the following community events: July 4'h celebration,
Children's Halloween Parade,Festival of Lights Parade."
Mayor Stromberg noted information received from the Chamber of Commerce Executive Director Sandra
Slattery that the Chamber was interested in having the July 4`h celebration exempt since it was more of a
community event. However, the Chamber would cover the fees for the Children's Halloween Parade and
the Festival of Lights Parade since it was more business oriented. Police Chief Terry Holderness clarified
all three events still required fees from the Chamber. They were on the list as ongoing events and
therefore looked at differently. The Festival of Lights Parade would require modification due to the road
closure.
City Attorney Dave Lohman explained co-sponsorship was no longer in the policy because it was covered
under Resolution#2012-03 Commissions and Committees Guide.
Staff would add narrative that clarified the fees for the Children's Halloween Parade and the Festival of
Lights Parade. Council wanted to know actual City costs for the July 0,celebration. ,
2) Fees: "All event applicants pay the base fee of$130."
Mr. Faught explained the $130 did not cover staff time to review an application. Staff costs were
approximately$224 an hour and a review could take up to 4 hours. Additionally, staff recommended a
$60 refund for cancelled or unapproved applications.
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Council discussed automatic refunds and decided the City Administrator and staff would determine
refunds and amounts.
3) Fees: "Events that require City staff overtime(determined by the City). City staff will
review the proposed route and determine how much City staff overtime will be needed. In
addition to the base permit fee of$130,the event applicant will be charged 60% of actual
costs."
In an effort to reduce costs, staff recommended pre-approved routes, and monthly Oregon Department of
Transportation (ODOT) certified flagger training for non-City flaggers for events that needed to control
intersection traffic. Council supported having ODOT certified flaggers.
Staff recommended and Council majority agreed to charging applicants 60% overtime costs instead of
actual costs. Council wanted to see actual costs.
4) Rolling Road Closure: "Some special events on roadways with two or more lanes of traffic
in each direction can be accommodated with a rolling road closure of one lane of traffic. A
rolling road closure event is one that lasts 45 minutes or less,does not block intersections
for more than 5 minutes and can be managed with a minimum number of on-duty city staff.
These events are subject to the$130 base fee and will not be charged a Rush Fee. Permit
approval is subject to staff availability."
Council agreed to the recommendation to add hours of daylight because a rolling road closure was not
safe after dark.
5) Application and Deadline Rush Fee: "With the exception of rolling road closures,
applicants for a special event permit who cannot meet the 90 day requirement will be
charged a Rush Fee of$250 if requisite City staff can be made available within the time
frame requested Otherwise the permit will be denied and the $250 refunded."
The 90-day timeframe provided time for staff to review the application and gave the applicant at least 30-
60 days to prepare for their event. Council approved the 90-day requirement and the rush fee.
6) Time Limit for Road Closure: "Roads will be closed for no longer than two hours."
Chief Holderness clarified the 0 of July Celebration,Children's Halloween parade and the Festival of
Lights parade were exempt from the entire list. Staff would add language to the policy dealing with them
specifically. Alternately, Council could add future ongoing events to the exempt list.
7) Bicycle Races: "The downtown area,particularly the Plaza, becomes extremely busy with
pedestrians,vehicles, merchants etc. For the safety or the general public and due to the
high number of cyclists and the speed of travel,all bicycle races must clear the downtown
area 9:30 a.m."
Council directed staff to remove bicycle references and have it apply to all races in the downtown area.
8) Neutral Start for Bicycle Races: "A neutral start is used at the beginning of bicycle races to
create a parade atmosphere as the event gets underway. This controlled pace protects
riders, pedestrians,and vehicles in highly congested traffic zones. A neutral start will be
used until the signal is given by an event official. City staff will determine at what point the
neutral start ends and the racing begins."
Council suggested having a neutral start as the preferred option for bicycle races but not a requirement
and if they chose not to have a neutral start, the applicant would pay 60%of the actual cost.
9) Certificate of Insurance and Hold Harmless Agreement: "The City of Ashland requires a
Certificate of Insurance in the amount of no less than one million ($1,000,000) dollars to
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March 5, 2012
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protect the City against claims for personal injury or property damage that could occur
because of the event. The certificate will name the City as an additional insured. A copy of
the certificate must be submitted with completed permit application. In addition,the City
requires the applicant sign a hold harmless agreement(provided by the City)in order to
receive a permit."
Chief Holderness explained this applied mostly to protests and insurance companies did not insure
demonstrations. Councilor Voisin would research the possibility of challenges to first amendment rights
and equal protection. Council majority was in favor of staff gathering additional information regarding
insurance for further review.
Mr. Faught read the criteria for approval and denial of the applications:
1) Another event is scheduled for the same day/weekend
2) The event is reasonably likely to cause injury to persons or property
3) The event will substantially interfere with the safe and orderly movement of pedestrians and
vehicular traffic in the area
4) The proposal location is adequate for the size and nature of the event
5) City equipment, staff, and services are available
6) All permit requirements have been met
7) ODOT and/or Jackson County Permits secured
8) All required insurance documents are submitted
.9) Previously identified issues have been addressed in the application
Torsten Heycke, the organizer of the annual Mt. Ashland Hill Climb Run, Allan Goffe,the organizer for
the Mt. Ashland Hill Climb Bike Race, and Rob Cain who worked for both events expressed their
concern regarding the certified ODOT flaggers' requirement,the number needed, and how the
requirement affected their events. Mayor Stromberg asked them to submit their concerns and suggestions
in writing to the Council.
Council suggested staff revise the second paragraph on the first page of the Special Event Policy
regarding exclusive use of public right of ways.
Meeting adjourned at 7:33 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder