HomeMy WebLinkAbout1999-0817 Council PACKET Important: Any citizen attending council meetings mayjpeak on any item on the agenda,unless it is the subject
of a public heazing which has been closed. If you wish two speak,please till out the Speaker Request form
located near theentranceato[he Council Chambers Thechair will recognize you andgi'ntorm you as to
the=amount'ofhme allottedito you.'The time granted will be dependent to some extent on`the natureof the a$
item nder discussion th'enumbar of eo le who wtshltoitie heard.and,the ten ,oftthema nd�a � �
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
August17, 1999
Civic Center Council Chambers, 1175 E. Main Street
I PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers.
II ROLL CALL:
III APPROVAL OF MINUTES: Regular meeting minutes of August 3, 1999.
IV SPECIAL PRESENTATIONS & AWARDS:
1. Presentation by Kay Atwood regarding a History of Ashland City Government.
2. Update and presentation by the Planning Commission.
V CONSENT AGENDA:
1. Minutes of Boards, Commissions and Committees.
2. Monthly Departmental Reports.
3. Confirmation of Mayor's appointment of Bruce Taylor to the Bicycle & Pedestrian
Commission for a term to expire April 30, 2001.
VI PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker. All hearings must
conclude by 9:30 p.m. or be continued to a subsequent meeting).
(None)
VII PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to
5 minutes per speaker and 15 minutes total.)
VIII UNFINISHED BUSINESS:
(None)
Council Meeting Pkt.
CITY RECORDER'S OFFICE
i
IX NEW AND MISCELLANEOUS BUSINESS:
1. Council Meeting Look Ahead.
2. City of Ashland Limited Use Telecommunications Franchise Agreement with
AT&T.
X ORDINANCES, RESOLUTIONS AND CONTRACTS:
1. Second reading by title only of"An Ordinance Removing the Restriction on the
Number of Taxicabs Which May Operate in the City and Increasing the Amount
of Required Liability Insurance."
2. Second reading by title only of"An Ordinance Vacating a Portion of Indiana
Street on Property Owned by Southern Oregon University near Siskiyou
Boulevard."
3. Second reading by title only of"An Ordinance Amending the Sign Code to Permit
Temporary Signs 45 days Prior to an Election."
4. Reading by title only of"A Resolution Changing the Name of Renaissance Drive
to Winter Drive."
5. Reading by title only of"A Resolution Changing the Name of Spring Street to B
Street."
6. Reading by title only of"A Resolution Expressing the Sense of the Council with
Respect to the Moral Obligation of City Government to Help Ameliorate the
Effects of Certain Decisions Taken in the Public Interest."
7. Reading by title only of"A Resolution of the City of Ashland Annexing a
Contiguous Area to the City of Ashland, Oregon, and Providing for an Effective
Date (Washington Street annexation by Neuman)."
8. Reading by title only of"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
(Washington Street annexation by Neuman)."
9. Reading by title only of"A Resolution of the City Council of The City of Ashland,
Jackson County, Oregon, Authorizing a Loan Agreement."
XI OTHER BUSINESS FROM COUNCIL MEMBERS:
1. Discussion of Proposed Modifications to the Permit Requirements for Tour
Buses, or Special Vehicles.
XII ADJOURNMENT:
Reminder
Study Session on Thursday, August 19 at
noon in Council Chambers. Topics of
discussion will include: 1) Capital
Improvement Plan, 1999-2000 and GIS
update; and 2) Update of Jurisdictional
Exchange.
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
August 3, 1999
Civic Center Council Chambers, 1175 E. Main Street
PLEDGE OF ALLEGIANCE
Council Chairperson Don Laws called the meeting to order at 7:00 p.m.,in the Civic Center Council Chambers.
ROLL CALL
Councilors Laws,Reid,Hauck, Hanson, Wheeldon and Fine were present. Mayor Shaw was absent.
APPROVAL OF MINUTES
The minutes of the Regular meeting of July 20, 1999 were approved as presented .
CONSENT AGENDA
1. Minutes of Boards,Commissions and Committees.
2. Monthly Departmental Reports.
3. Adoption of the City of Ashland Budget Committee Charge.
Councilors Reid/Wheeldon m/s to approve Consent Agenda. All AYES. Motion passed.
PUBLIC HEARINGS
1. Public Hearing re vacation of a portion of Indiana Street.
Public Works City Engineer Jim Olson explained to council this action is a culmination of along planning process
involving the realignment of Indiana Street. Olson explained that two years ago, the city entered into an tri-party
agreement with Southern Oregon University and Oregon Department of Transportation to accomplish this realignment
with each party putting up $50,000 to get this accomplished. Stated that the city was given the charge of actually
accomplishing this project which involved preparing the contracts and completing the work in 1998. Olson explained
the final solution of the right-of-way,which involves acquiring a new right-away along the new alignment and vacating
the old right-away. Stated that in the agreement the right-of-way was to be an equal exchange for equal values.
Olson clarified that the original estimate was$150,000,but that half-way through the project there were some fuel tanks
discovered and an additional$18,000 was added onto the expense of the project. Confirmed that the total cost of the
project was$170,000 of which$50,00 was the city's expense.
PUBLIC HEARING OPEN: 7:10 p.m.
PUBLIC HEARING CLOSED: 7:10 p.m.
First reading of"An Ordinance Vacating a Portion of Indiana Street on Property Owned by Southern Oregon
University near Siskiyou Boulevard."
Councilors Hauck/Fine m/s to approve first reading and place on agenda for second reading. Roll Call Vote:
Hanson,Hauck,Wheeldon, Fine,Reid and Laws; YES. Motion passed.
Olson further explained for council that there were some design standards imposed by the state and that they were met
in the construction of this project.
August 3, 1999 Ashland City Council Regular Meeting 1
PUBLIC FORUM
Eric Navickas/711 FaithNoiced his concern with the erosion in the Mt Ashland area. Provided information and
mapping of the areas that show the erosion. Explained that a group has been formed to boycott Ski Ashland,and that
they are asking that the community support this effort to stop the expansion. Requested that council visit the site to see
for themselves.
Sophia McDonald/1250 Siskiyou Blvd/SOU Student Government UpdateNoiced appreciation of city's discussion
involving transit issues. Updated the council on how student government is encouraging the use of bus service.
Confirmed that there was monies budgeted for transit and Councilor Laws suggested that before a decision is made by
SOU in spending this money, that they confirm the status of discussions between the city and RVTD with the City
Administrator.
UNFINISHED BUSINESS
(None)
NEW AND MISCELLANEOUS BUSINESS
1. Council Meeting Look Ahead.
City Administrator noted that there is an additional agenda item for the 8/05/99 study session dealing with finalizing
strategic planning process. Explained that the discussion regarding the Hillah Temple during the study session is to
update the council on the status of progress and make sure that staff is going in the direction council has requested.
2. Discussion regarding the YMCA parking lot.
City Administrator explained the process that had been taken in the decision to participate with the paving of the YMCA
parking lot. Apologized to council that they had not been made aware of an agreement of partnership between the City
and the Parks Department to try to address a parking concern through the use of the city soccer fields. Stated that the
request had been made about nine months ago to assist in paving the portion of the new parking lot adjacent to thejoint
YMCA/City multi-purpose fields. Clarified that the total cost of the project is around$17,000($10,000 out-of-pocket)
and that the work has already been completed.
Councilor Reid shared a letter from Adroit Construction thanking the city for their generosity in meeting the need of
the community. Clarified that this was not an additional city owned parking lot. Councilor Laws explained that because
this is a benefit to the whole community,along with the adjacent city owned park,and that the city was within its right
to contribute in this way because it was clear this served a public interest.
3. City of Ashland Cable Television Franchise Agreement with Ashland Fiber Network.
City Attorney Paul Nolte explained that this is the first cable franchise that the city has seen in over 15 years which is
for the Ashland Fiber Network,a division of our Department of Electric Utilities. Explained that this is a much more
sophisticated and comprehensive document than the existing franchise with the incumbent cable provider. Nolte
explained that the agreement places more requirements on AFN than are now required of the incumbent and it is far
more comprehensive in what it provides for the city for public educational and governmental channels. Stated that it
is intended that the document be used for in the future for renewals of existing cable franchises and any other cable
system that may come in the city.
Councilor Hauck commented on a nation-wide issue concerning open access and wanted this to be made clear in the
franchise agreement that this would be required. Suggested adding the following language to the agreement: Non-
discriminatory Access to Internet Access System. Grantee shall provide non-discriminatory access to the Grantee's
Internet Access System for internet service providers, whether or not such providers are affiliated with Grantee.
Grantee may limit such access only in terms of requiring such providers to utilize the network and technological
standards developed by Grantee. Hauck explained that this would protect open access,currently being provided, for
the future.
August 3, 1999 Ashland City Council Regular Meeting .2
City Attorney Paul Nolte advised council that this has been required in three otherjurisdictions in the nation,and these
jurisdictions have been sued for this requirement.Nolte noted that he was fairly certain that the city would not be sued
if language is added to this franchise agreement. Explained that this agreement would be used as a model for future
renewal and new franchise agreements.
City Administrator Freeman explained for council that beginning in the year 2003,the peg access fee would increase
from .60 to.75 which would be the only monetary issue in the franchise agreement. Stated that when a new contract
is negotiated with another provider,that all at once and together they will switch over to the new fee.
Nolte explained that this is a five year franchise,and the last franchise signed was a twenty year franchise agreement.
Stated that because the technology is changing so quickly, it is recommended that the franchise agreement be more
short-term.
Nolte clarified for council that the language is vague in respect to requiring the payment of$15@ month and this is a
non-discriminatory clause meaning that,that language was meant to say everyone is charged the same. Explained that
the intent was not to provide a technological solution for anyone walking into the door and wants to get onto the system.
New users would need to use the technology that has been developed,which now allows for internet providers.
Councilor Fine agrees with sentiment behind the proposed addition to agreement, in that we would be assuring from
the outset,that there would always be non-discriminatory access to the AFN system. Stated that if that is our objection,
does not believe this needs to be added because we control AFN. Fine felt that there was a broader purpose in writing
the franchise agreement,and that was to set out ground rules which absolutely every cable or telecommunication entity
would have to follow in the future of the city. Stated that the ground rules have become very stringent, and that
everyone is being held to a very high standard.
Fine commented on being wary of putting in a provision that we don't really need, in order to guarantee that it will
provide non-discriminatory access in something that we want to use as a model. Commented on an application that may
becoming to the city very soon,because of change of ownership,regarding Falcon Cable to Charter Cable. Fine feels
that we are just about guaranteeing that the city will betaken into federal court regarding this provision and causing the
city to incur significant litigation expenses. Fine stated that he would prefer to wait and see what happens with the
existing litigation cases,and then, if we find we can lawfully and constitutionally impose this requirement,to do it at
that time.
Fine stated that the agreement on the whole is a fantastic piece of work,well written and a good set of rules as to how
publically and privately owned telecommunications operators should be made to get along and serve the people.
Hauck agrees regarding comment by Fine on the agreement as a whole, but disagrees in regards to the proposed
language because this can not only be used as a model forany future franchise agreements,but it will protect individuals
in the future with multiple internet service (ISP) providers. Councilor Fine did not believe that this needed to be
included in the franchise agreement to obtain this objective,but could be a condition of the sales agreement. Hauck
stated that if this already written,there would be no need to rely on future council to make sure this is done.
Nolte explained that he would not recommend to the council,that in a transfer agreement,this provision be included.
The reason is,when dealing with an incumbent's franchise that is almost twenty years old, it is very simplistic in its
terms in regards to assignments and transfers. Stated that the transfer agreement says, "Upon assignment of the
franchise,the franchisee must obtain the consent of the city". Nolte noted that this is a built in good faith and that the
consent cannot be unreasonably withheld. Clarified that the cities that are under litigation have more sophisticated
franchises and have the ability to open up the terms upon transfer. Nolte does not believe that we have this ability.
Agrees with Councilor Fine,that if we put this language in future transfer agreements,the city would be sued.
August 3, 1999 Ashland City Council Regular Meeting 3
Nolte noted that the application for transfer has been submitted to the City by Falcon Cable to Charter Cable,and will
be coming to council shortly. Suggested not putting the new language into this transfer agreements, but that when it
expires in 2003,would be more timely in understanding what the federal law will or will not allow.
Councilor Fine commented that the most conservative approach to take,and still get the benefit for our citizens, is not
put it in at this.stage. At the time litigation is settled in the federal courts,the City could amend the franchise agreement
by mutual consent and add the language. His concern is with other entities that may want to use its existing lines for
intemet service. Hauck clarified that other entities,such as US West,are already required under their terms as a local
telecommunications providers to have non-discriminatory access.
Councilors Hauck/Reid m/s to adopt amendment agreement by adding the following section 2.10. Roll Call V ote:
Reid,Hauck,Wheeldon and Laws,YES; Hanson and Fine,NO. Motion passed 4-2.
Councilor Hauck/Fine m/s to adopt Cable Television Franchise Agreement with Ashland Fiber Network. Roll
Call Vote: Fine,Reid,Wheeldon,Hauck,Hanson and Laws,YES.Motion passed.
4. Acquisition and dedication of Oredson-Todd Woods as a City Park.
City Attorney Nolte explained that this is a proposal by the Southern Oregon Land Conservancy to donate to the city
the Oredson-Todd Woods to be used as public open space and public park. Explained that this has gone through the
Park Commission who has recommended that the city obtain title to this land. Nolte asks council to realize that it comes
with severe restrictions as to its use,but those uses are very compatible with park and open space purposes.
Nolte explained that the matter before council is to accept a deed from SOLC for the property. If the deed is accepted,
the conditions of the donation to the city is that the city grant back to SOLC a conservation easement which will provide
the restrictions as to the use of the property. In addition, SOLC is requesting a one time payment in lieu of public
service of$5,000 which they will use in perpetuity, for the monitoring of this property,to ensure that it is used in the
manner that it was first donated to them.
Nolte clarified for council that the$5,000 would come from open space dollars.
Alex Liston Dykema/ Executive Director of Southern Oregon Land Conservancy/Made himself available for
questions.
Jim Moore/Board Member of Southern Oregon Land Conservancy/1217 Park Street/Urged council to acceptoffer
being made by SOLC. Commented on the value of the piece of property,approximately 9.88 acres being donated to
the park system. Stated that this add an additional park to the 110 wooded acres called the Siskiyou Mountain Preserve.
Explained that what the city will get, is a beautiful riparian area,through which runs Hamilton Creek and Clay Creek
and is continuously used by many Ashland residents. Moore described the property as complete with hiking trails
which tie into the Siskiyou Mountain Preserve.
As an Ashland Budget Committee Member,Moore commented that one of the issues that people often ask,is how much
are the maintenance costs. Moore stated that there is very minimal maintenance costs associated with this property.
Explained that historically,maintenance to hiking trails has been done by the citizens of the surround neighborhoods
who use the area. Moore does not believe there is any reason to believe that such a relationship would not continue,
with minimal park department involvement.
Councilor Fine noted paragraph four,under Prohibited Uses in regards to emergency motorized vehicles. Stated that
the prohibition appears to prohibit patrolling of the area in regards to criminal activity. Fine requested that this could
be broadened to make it clear that emergency services could use vehicles in their non-emergency situation. Kellogg
explained that the wording came directly from their deed to the property and that there is some flexibility in the deed
as long as it fits within the purposes.
August 3, 1999 Ashland City Council Regular Meeting 4
' Councilor Laws voiced his concern on having motorized vehicles running through this area on a routine basis for
patrols. Felt that it would destroy the atmosphere that is being reached.
City Attorney Nolte explained that law enforcement officers,under official duties,will not look at boundary lines,but
continue with enforcement.
Reading by title only of"A Resolution Dedicating Property for Park Purposes Pursuant to Article XIX,Section
3,of the City Charter(Oredson-Todd Woods)."
Councilors Hanson/Fine m/s to approve Resolution # 99-49. Roll Call Vote: Hauck, Fine, Wheeldon, Reid,
Hanson and Laws,YES. Motion passed.
Councilors Reid/Fine m/s to accept deed, grant conservation easement to SOLC and authorize payment of a
$5,000 donation to SOLC for its use in monitoring the condition and status of the property. Voice Vote: All
AYES.Motion passed.
5. Update on implementation of the City's Public Information,Communication and Marketing Plan.
Administrative Services Director Dick Wanderscheid reported to council that the this item was for information purposes
only and that a more complete report will be given to council prior to the next budget season. Wanderscheid noted that
the project on updating the audio equipment in the council chambers is currently being implemented,and that all new
equipment has been ordered and will be installed when it arrives.
Wanderscheid handed out the 1998 Annual Water Quality Report being mailed out to all residents. Explained that the
report was done with the help of the Public Works and the Water Quality Division,and is an annual requirement under
the federal Clean Water Act. Noted that this is an example of the direction the city wants to take with marketing and
communication. Confirmed that the paper is recyclable as high quality office paper, and that this report will be
published annually and sent to all residents.
Clarified for Reid that phosphates are not monitored in the drinking water system. Reid requested that this be discussed
on the agenda at some point in the future.
Clarified for Laws that the statement that the city's water meets or exceeds federal requirements is language that is
dictated under the Clean Water Act. Emphasized that the law is very technical and dictates what information is provided
and in what form. Explained that the one violation mentioned in the report had to due with a quarterly report that was
not turned in at the proper time. Wanderscheid emphasized that Ashland has very good drinking water.
Hanson questioned why"The Communications Group"was used when there is a marketing person on staff. Freeman
explained that the marketing required to start up the AFN is more than one person can do,and stated that there will be
on-going marketing and advertising efforts throughout the life of the AFN. Emphasized that this is in line with the
business plan,and within the budget, for the AFN.
Reid reminded Wanderscheid that there had been discussion and direction from council that the agenda format would
not be changed,and requested that if there are any changes to the design of the council chambers,that the council be
involved in this process. Emphasized that the chambers' current layout is the best she is seen in Oregon, as council
members have eye contact with one another and the public.
Wheeldon questioned the mention of the electric utility strategic marketing plan. Wanderscheid clarified that this has
not been done and explained that this is because deregulation is not occurring as soon as expected, and the details of
deregulation have yet to be decided.
August 3, 1999 Ashland City Council Regular Meeting 5
Wheeldon requested that staff put together a list of items and contact names from page I,major goal c,that councilors
need to address.
6. Update on the implementation of Council's 1999-2000 Goals.
City Administrator explained that this is a quarterly report on council goals. Provided an update on the Citizen
Involvement Plan that is underway,with a meeting to occur and the project to be complete by the end of December.
Emphasized that this is a guideline to be used for engaging the public in the community process.
Noted that Community Development is working on the Riparian Ordinance to be completed in January. Also noted
the upcoming implementation of the community land trust program,which is currently being developed for wrap up
by the end of 1999. Stated that staff is updating economic development goals for the city,to be completed in the first
quarter of 2000. Explained that the development of standards for the construction of public buildings is still in the
committee process,and will be brought back to council for adoption in January. Commented on large building projects
which are in process:the Hillah Temple, Fire Station and Library.
Councilor Hauck commented on his involvement in and commitment to setting up the Social and Human Services
portion of the Strategic Plan.
7. Discussion regarding the Fall council workshop.
Provided council with new dates to consider for the workshop as Oct 4ih, 5", 8t°; 116, 12' , and 13'". The 5ih was
removed because it is a council meeting date.
8. Discuss/Finalize the Process to Use for Updating the Economic Development Chapter of the City's
Comprehensive Plan.
Freeman summarized what the council will be asking a committee to do in developing economic development strategies
and recommendations;reviewing the roles and responsibilities of economic development agencies in Ashland; and
preparing staff recommendations for proposed changes to the Comprehensive Plan. Noted that public hearings would
occur. Asked council to confirm this by adopting the process suggested and directing the staff to move forward.
Wheeldon requested clearer direction for the committee in determining if the existing plan meets the community's
current and emerging economic development needs. Council discussion indicating that the committee will need to
determine their direction based on available information. Council suggested that the committee provide council with .
the background information that is used in arriving at their recommendations.
Fine questioned whether adding"outlining and explaining the committee's recommendations"to item#3 would clarify
things. Council discussion indicating that councilors would simply prefer to have copies of the back-up documentation
used by the committee. Fine noted that he is very pleased at the direction that staff has taken in addressing this item
as he requested in goal setting. .
Freeman noted that a list of possible committee members was handed out to council prior to the meeting,and requested
that council add any additional suggestions at the next study session.
Councilor Reid concerned with the fact that the city is moving in a new direction with regard to economic development
by moving toward high tech industries, with the Ashland Fiber Network, rather than tourism. Questioned whether
council should speak to this,or wait for input from the committee. Freeman stated that he believes that the suggestion
has been to allow the committee to point out, from their perspective,where work is needed. Council will ultimately
have the decision in looking at the committee's recommendation and adopting policy.
Hauck stated that he sees no conflict between tourism and high tech industry. Council discussion of moving away from
exclusive reliance on service industry.
August 3, 1999 Ashland City Council Regular Meeting 6
Councilors Fine/Hauck m/s to approve the process recommended by staff for updating the economic
development chapter of the city's Comprehensive Plan. Voice vote: All AYES. Motion passed.
9. Motion to authorize the City Administrator to hire a consultant to develop background data for council
to use in setting up a task force to develop plans for mass transit to carry out goals of the transportation
plan.
Councilors Wheeldon/Reid m/s to place this item on the agenda. Voice vote: All AYES. Motion passed.
Councilors Wheeldon/Reid m/s to authorize the City Administrator to hire a consultant to develop background
data for council to use in setting up a task force to develop plans for mass transit to carry out goals of the
transportation plan.Voice vote: All AYES. Motion passed.
10. Discussion regarding letter from Department of Environmental Quality and draft effluent reclamation
and reuse plan
Councilors Wheeldon/Reid m/s to place this item on the agenda. Voice vote: All AYES. Motion passed.
Freeman summarized the correspondence that had been sent by an employee of the Oregon Health Division of the
Department of Human Resources to the Department of Environmental Quality raising concerns about the City's plan
to spray treated effluent. Concern had to do with microbial growth in the effluent holding ponds, and the"aerosol
effect"that could result with spraying this effluent through"big gun"sprinklers.
Freeman stated that this letter is based on inaccurate information,and an incomplete knowledge of the project. Also
noted that the Oregon Health Division has no regulatory authority over this project,and both the city and the DEQ were
surprised by this letter. Emphasized that the letter was not copied to the city,and was provided by a secondary source
after it had been received by the DEQ. Freeman emphasized that the project is in full compliance with all DEQ
regulations,and continues to be supported by the DEQ.
Stated that the city will confer and consult with both the DEQ and the Health Division to ensure that all health concerns
are addressed. Noted that an interagency meeting is set between all parties for August 12'". Pointed out that Health
Division has no evidence supporting the concern expressed by their employee nor does it have any evidence of health
problems in other similar projects around the US.
Noted copy of Health Division letter and staff response,along with a letter from the DEQ stating their support for the
project and their desire to work out the issues raised by the Health Division. Stated that staff felt it was important to
inform council on this matter,and with this presentation council has all of the information that staff does,and updates
will be provided as information becomes available.
Freeman confirmed for Reid that Public Works Director Paula Brown has been involved by conference call in these
discussions. Explained that DEQ would normally inform the Health Division of such a project,and this was not done
in this case. Emphasized that Health Division has no regulatory role and this is merely a preliminary comment.
Reiterated that it was apparent in speaking to the Health Division staff member who drafted this letter that he was
unaware of the precautions,testing and buffer zones which have been included in the project design. Stated that staff
will be working to bring Health Division up to speed on the project. Discussed how this letter would have originated,
noting that staff is uncertain of how Health Division became involved at this stage.
Reid commented that if the DEQ were not placing the.08 requirement on phosphate levels,the city would not be in this
position and the water could be returned to the creek. Laws noted that city's secondary treatment reduces bacteria levels
to considerably below what is necessary for swimming pools. Noted that the water after treatment is considerably
cleaner than what is in the creek now.
August 3, 1999 Ashland City Council Regular Meeting 7
ORDINANCES,RESOLUTIONS AND CONTRACTS
1. Second reading by title only of"An Ordinance Amending the Comprehensive Plan Map,Zoning Map,
and the Detail Site Review Zone Map for the Property North of the Railroad Tracks between Oak Street
and North Mountain Avenue."
CouncilorsFine/Wheeldon m/s to adopt Ordinance#2843. Roll Call Vote:Reid,Hauck,Hanson,Wheeldon,Fine
and Laws: YES. Motion passed.
2. Second reading by title only of"An Ordinance Authorizing an Intergovernmental Agreement Creating
the Oregon Utility Resource Coordination Association Intergovernmental Agency."
Councilors Hauck/Reid m/s to approve Ordinance#2842. Roll Call Vote:Fine,Reid,Hanson,Hauck,Laws,and
Wheeldon: YES. Motion passed.
3. First reading by title only of"An Ordinance Removing the Restriction on the Number of Taxicabs
Which May Operate in the City and Increasing the Amount of Required Liability Insurance."
Councilors Wheeldon/Reid m/s to approve first reading and place on agenda for second reading. Discussion:
Hauck explained that this ordinance is a change in a much longer section of the Ashland Municipal Code. Roll
Call Vote: Wheeldon,Fine,Reid,Hauck,Laws,and Hanson: YES. Motion passed.
4. First reading by title only of"An Ordinance Amending the Sign Code to Permit Temporary Signs 45
days Prior to an Election."
Councilors Hauck/Hanson m/s to approve first reading and place on agenda for second reading.
Discussion: City Recorder Barbara Christensen explained the background for this item, noting the changes
brought about by voting by mail. Explained that those campaigning want to be able to place signs sufficiently
in advance to reach the voters. Clarified that the existing ordinance allows placement of signs 30 days prior to
the election,and roughly two weeks prior to the mailing of ballots. The proposed change would allow signs to
be visible for 30 days prior to the receipt of ballots.
Peter Jenson/1259 Siskiyou Blvd.,#201/Suggestedthat if this change was proposed at the request of campaigners,
rather than voters,there is no necessity.
Hauck noted that this would put the city in line with other communities in the county.
Reid stated that few people have expressed opposition to this change,and expressed her support to be consistent
with other parts of the county. Hanson stated that he has heard no negative communications about this item.
Laws noted that lawn signs are irrational,and do not convey useful information. They do convey support of
issues and candidates. Stated that he sees no reason for them to be up more than two weeks.
Roll Call Vote: Hauck,Wheeldon, Reid,and Hanson: YES. Fine and Laws: NO. Motion passed 4-2.
5. Reading by title only of"A Resolution Demonstrating a Good Faith Effort to avoid Year 2000 failures,
in Compliance with Senate Bill 268."
Councilors Fine/Wheeldon m/s to approve Resolution #99-47. Roll Call Vote: Reid, Wheeldon, Laws, Fine,
Hanson and Hauck: YES. Motion passed.
August 3. 1999 Ashland City Council Regular Meeting 8
6. Reading by title only of "A Resolution Setting a Public Hearing to Hear a Petition for and any
Objections to the Vacation of a Portion of"A"Street easterly of Oak Street."
Councilors Fine/Wheeldon mils to approve Resolution 499-45. Roll Call Vote:Fine,Reid,Laws,Hauck,Hanson,
and Wheeldon,YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
Fine summarized the need to expand the Fire Station,and discussed the council's obligation to compensate the business
owner as well as the land owner for the Blue Mountain. Stated that while there may be no legal obligation,there is a
moral obligation to take appropriate and reasonable steps to assist the business owner and employees of the Blue
Mountain. Further stated that there is a need to be up front about this, and make the community aware of council's
intention. Also noted the need to keep the business owner fully informed of the construction time line.
Councilors Hauck/Wheeldon mils to add this item to the agenda. Voice vote: All AYES. Motion passed.
Reid noted that she has been a patron of the Blue Mountain over the years,but stated that she is uncomfortable with
this`good guy'resolution aimed at a particular business. Feels that any resolution needs to be aimed at every business
in Ashland,rather than just one very popular business.
City Attorney Nolte explained the city's obligation as to pay fair market value for the condemned property. Explained
that this requires that the city pay the value of the leasehold interest to the tenant,depending on what is provided for
in the specific lease. Explained that the ORS does not address moral obligations to long term employees or the loss of
business,but might require the city to pay relocation costs for items owned by the tenant. Emphasized that the city is
not taking the business,simply the location.
Reid suggested that she would rather use the ORS framework than Fine's resolution to be universally applicable to all
businesses.
Rick Nagel/450 Siskiyou#3/Emphasized that while he is president of the Ashland Chamber of Commerce,he is here
to night on his own behalf to discuss a matter which he personally feels strongly about. Commended Councilor Fine
for his motion, and agreed that the city has a moral obligation to the tenant. Agreed as well with Reid that any
resolution should apply to any business. Noted he was faced with a similar situation because of his proximity to the
library earlier this year, and recognized the high cost that such displacement would incur. Discussed the struggle of
the small business owner in Ashland,and the service that small businesses provide to the community. Suggested that
the city has a moral and monetary obligation to the tenant.
Larry Medinger/115 Fork St/Noted that Blue Mountain is not a standard downtown business,as it has parking. As
such, it would require relocation in a non-traditional site which might well be subject to the newly increased
transportation SDC. Discussed the council role in crafting the city,and the changes in governmental structures that have
lead to the reliance on SDCs. Ask that Council direct staff to draft a way to finance SDCs over a twenty year period.
David Frye/1260 Kirk Ln/Reiterated that he recognized the importance of the community safety and the need for
improvements at the Fire Station. Supports what needs to be done to accomplish this. Stated that he is heartened by
the proposed resolution,and looks forward to working with the city creatively on this matter.
Wheeldon commented on the amount of money given to the Chamber for economic development and questioned if there
is a section of the Chamber that deals with re-location of businesses. Nagel explained that there is a ad-hoc committee
that is designed to help new business coming into town and believes that this committee could also help in this matter.
Wheeldon felt that it would be appropriate for the Chamber to help in assisting this property owner,given the fact that
city monies are given to the Chamber to assist in business relocation. Nagel agreed to bring this matter up before the
Executive Board of the Chamber.
August 3, 1999 Ashland City Council Regular Meeting 9
e
Hanson suggested taking this opportunity to make the resolution more generic and make it part of the city's idea of fair
play and moral obligation. In favor of the spirit of the resolution,but would prefer that it be more generic. Fine agreed
with making the resolution more general, and happily withdrew the proposed resolution. Offered to assist in drafting
a general resolution.
Freeman shared his experience in condemnations elsewhere,noting that these issues were dealt with in negotiations to
arrive at a package that ultimately worked for city and business owner. Stated that typically,a policy is not necessary
as these issues come up and are dealt with in negotiations. If a resolution is to be drafted, Freeman emphasized that
there is a need to consider potential powers and delegation of authority. Expressed concern over authority given to the
City Administrator in section three,as transaction details are ultimately the decision of the council.
Laws commented that the situation is different in that the issue will be placed on the ballot and that members of the
community need to know that this business will be treated fairly. Explained that this situation is currently not subject
to expropriation,and that there is still hope that it can be handled as a friendly matter between buyer and sellers. Noted
that the purpose of SDCs is to pay for new growth,but in this case there is no new growth and SDCs are not in the spirit
of the law.
Nolte noted that he will look to see if there is a clause that would give SDC credits and if this may be appropriate in this
situation.
Laws not ready to vote on the resolution,but he is willing to see it re-written as discussed. Reiterated his commitment
to helping the business owner.
Reid expressed her support for having the Chamber look into helping the business owner here. Wheeldon suggested
that the Chamber is an avenue that the city has set up for economic development and helping with relocations. Voiced
her concern in defining"moral obligation" and suggested that she would rather handle these types of situations on a
case to case basis,under the ORS and federal law.
Fine noted that he would not be happy until the council has memorialized its commitment to help the business owner
as a general obligation of the city.
Laws commented that council should not have unrealistic expectations of the Chamber of Commerce and that the
purpose of the Economic Development originally had to do with out of town businesses coming into the city.
Freeman stated that he and the City Attorney would be happy to work with Councilor Fine in drafting a more generic
resolution.
ADJOURNMENT
Meeting was adjourned at 9:58 p.m.
August 3, 1999 Ashland City Council Regular Meeting 10
MINUTES FOR THE STUDY SESSION MEETING
ASHLAND CITY COUNCIL
August 3, 1999
Civic Center Council Chambers, 1175 E. Main Street
CALL TO ORDER
Council Chairperson Don Laws called the meeting to order at 6:05 p.m. in the Civic Center Council Chambers.
IN ATTENDANCE
Councilors Laws,Hanson,Fine,Wheeldon,Reid and Hauck were present. Staff present:City Administrator Freeman,
City Attorney Nolte, Administrative Services Director Dick Wanderscheid and Assistant City Administrator Greg
Scoles.
1. Discussion of transit issues and RVTD.
Council discussion regarding limiting the scope of the direction for transportation planning. City Administrator
Freeman explained that the ideas brought forward are in draft form and are to be taken only as a beginning point for
discussion.
Councilor Reid stated that it is important to discuss the RVTD situation,but emphasized that there are bigger issues
regarding transportation that need to be addressed. Council agreed that all ideas should be discussed. Councilor Laws
suggested that the missing part of the transportation element has to do with mass transit and parking,and recommended
that this be the main focus now.
Freeman voiced his concern with re-opening and re-prioritizing the Transportation Plan when staff has already been
given direction and begun implementing initial steps. Freeman emphasized that there needs to be some discussion of
transit issues as discussion has not occurred in this area.
Wheeldon stated that she was comfortable with dealing only with the transit issue,but suggested that there needs to be
a more comprehensive discussion blending all elements of transportation similar to what was done in the Aspen Plan.
Reid pointed out that there needs to be Council discussion regarding the proposed bus shelters and if these are still
necessary. Freeman stated that staff intended to put shelters only at"main stops"where service is going to continue.
Because this item is being scaled back,there will be some funding available for shelters when the bus issue is resolved.
Wheeldon emphasized that transit will continue to be an issue,and shelters will be needed even if buses will only be
running every half-hour at the present time.
Laws summarized the draft transportation plan which recommended the following: 1) That staff, along with a
consultant, present information to Council on transit demand, options, financing, and details of other communities'
experiences with transit programs; 2) That a committee be formed, to be made up of community members, service
providers and businesses involved in transit;and 3)That the City Council develop a charge for the committee,a list of
issues to address and expected outcomes.
Hauck explained, based on his experience as a former RVTD board member,that there is an established tax base to
provide bus service. Emphasized that RVTD is viable within their current budget,and that under the current budget
they could likely continue one route to serve the valley from White City to Medford and Ashland for the next twenty
years.
Wheeldon suggested looking at different configurations that would enhance transit,including the possibility of smaller
buses in Ashland and providing complementary transit service to supplement RVTD service. Freeman stated that if
Ashland City Council Study Session August 3'", 1999 I
Council would like to explore transit options_he would recommend hiring a consultant as no staff members are well-
versed in the intricacies of this issue.
Fine would ask the committee to work on a very short time line,not looking for longer term solutions,and giving a lot
of thought to whether the city should withdraw from RVTD and provide some wise choices that the city could consider
over the next three to five years. Laws stated that transit will be an integral part of the whole transportation planning
process,and that an interim short term strategy may not be feasible given the immediacy of the issue and the speed with
which it is moving ahead. Fine voiced his concern with citizens paying double for transit services and stated that there
is no proof of how tax dollars collected are spent and distributed through RVTD.
Hauck noted that the issues raised by Fine need to be looked at, but stated that the City could also look at RVTD
providing service to a point in the City,and a City transit system taking over from there. Freeman explained that the
additional$300,000 asked for by RVTD was just for Route 10 service in Ashland.
Wheeldon suggested looking at the levels of service in Medford in relation to levels of service in Ashland and tax
dollars, and emphasized that she would be very reticent to cut off from regional service. Asked that the committee
explore how Ashland compares to other cities in relation to service level and tax dollars spent,and also to look into the
cost for 10-minute service.
Council discussion regarding time line for when committee would bring information back to council for direction.
Freeman confirmed that there are consultants that could be hired to provide the type of information that council would
need to have in order to determine the charge for the committee. .
Fine would like to have the committee discuss whether a transit system should be city owned, or merely a city-
subsidized private enterprise. Laws stated that in this discussion,subsidizing RVTD to provide enhanced service could
be looked at. Laws emphasized that it will take a minimum of a year to get something in place.
Laws suggested that the SOU Student Ridership Program be revisited with RVTD as soon as possible.
After discussion,Council determined that they would like to see implementation by September 2000. Laws suggested
that this item be placed on tonight's agenda for approval. Councilor Reid reminded council of the need to have someone
from the School District involved in discussions.
Wheeldon requested that a rough time line be established. Freeman explained that it would be simpler to wait and
establish a time line after a consultant has been secured. Freeman confirmed that a transit demand survey would not
be included in this process with a consultant, but that the consultant would be working from existing information on
transit demand.
Laws summarized that there was unanimous agreement that a study was needed,that a consultant needed to be hired
to provide background data,and that this process needs to move along quickly.
Wheeldon commented on how the news releases were being handled in regards to transit services and how bus passes
could be obtained.
ADJOURNMENT
Meeting was adjourned at 6:49 p.m.
Submitted by,
Barbara Christensen,City Recorder
Ashland City Council Study Session August 3", 1999 2
MINUTES FOR THE STUDY SESSION MEETING
ASHLAND CITY COUNCIL
August 5, 1999
Civic Center Council Chambers, 1175 E. Main Street
CALL TO ORDER
Council Chairperson Don Laws called the meeting to order at 12:00 p.m. in the Civic Center Council Chambers.
IN ATTENDANCE
Councilor Laws, Hauck, Fine, Wheeldon and Reid; City Administrator Mike Freeman, Assistant City Administrator
Greg Scoles, Dick Wanderschied, and Ann Seltzer.
I. Hillah Temple
Assistant Administrator Greg Scoles updated council as to where we stand in regards to the Civic Center, Hillah
Temple and City Hall expansion project. Gave brief review of the past process which has gotten staff to where we
are currently in this project. Scoles explained the schedule which begins August 5, 1999 with the study session,
then on too a public meeting scheduled for August 19, 1999 and then an additional public hearing held at a council
meeting on September 7, 1999.
Scoles introduced Jack Berry representing Berry Architecture and Marshall Balfe. Berry submitted to council a
draft space needs assessment for facilities at City Hall, Hillah Temple,Civic Center and a concept study for Hillah
Temple site. Explained that the proposal was only in draft form and is not complete. Explained that space studies
were used to determine space needs. Explained further that the report included space needs which include staffing
needs and preferred location of departments. Stated that the study was not only done for 1999,but that the year
2019 was included to address future needs.
Berry pointed out that diagrams were included in study to illustrate proximity requirements of the functional work
groups of each department. Explained the Hillah Temple Site plan with existing conditions and the required square
footage for these existing conditions. Berry included a conceptional study for the use of Hillah Temple by
Community Development and the Public Works Administration Departments. Scoles clarified for council that the
functions and staff from Public Works currently at the Civic Center site would not be moved to the new Hillah
Temple site.
Estimated construction costs for a two-story and one-story project was presented as an estimate of$1,861,515 for a
two-story and$1,572,351 for a one-story building. Stated that the one-story building is shown to be more cost
effective and would meet the space needs requirement for proposed departments to occupy.
Berry explained that parking needs were not calculated in the study. Councilor Reid requested that information be
provided to council and voiced concern that this be addressed. Scoles explained that the there is a net loss of 4-5
spaces, but reminded that the current spaces do not comply with current requirements and would need to be revised.
Berry explained that the two-story concept allows for further parking. Reid requested additional information on the
estimated number of individuals that would be using the building. Scoles explained that the property will need to
be re-zoned and would not require parking spaces. Clarified that the city will be complying with zoning laws as
would any other property owner.
Berry agreed that access to public restrooms could be considered in the Hillah Temple site project. Councilor
Wheeldon urged that the space in between the Calle and the Hillah temple be considered and blended in this project.
Voiced her appreciation of the possible flexibility by spending an additional$300,000 in the project if it would help
to blend this area. Comments were made on the Calle project and how this may be a competing project with the
Hillah Temple project and that the two projects coordinators should get together. Wheeldon emphasized the
Council Study Session 8-05-99 Page I of 3
importance of interfacing the area between the Hillah Temple and the Calle. Reid noted the additional importance
of the Alice Pie] Walkway which will need to be considered in the Hillah project.
Councilor Fine asked that we be mindful of the burden that the city is placing on the downtown when we address
the revision of the downtown plan.
Berry explained that the methodology which determined space needs was previously done by a prior study, but that
there is a formula used to determine space based on the function of the position. Councilor Laws feels that this is a
critical issue and should be addressed by using space as efficiently as possible. Berry explained that when design
begins, is when space efficiency will be determined. Scoles explained that the estimate included seismic
requirements.
Marilyn Briggs spoke regarding the need for restrooms and trash area close to the Cale. Briggs is in favor of
including this in the area adjacent to the Hillah Temple. Stated that she is in favor of a two-story building,but
would like to see the height of the building reviewed so not to block property owners directly behind the proposed
two-story building. Scales clarified her confusion on the elevation and roof height of the two-story building.
Rick Vezie questioned how parking by city staff has been viewed and noted the need for parking by staff that are
required to make several trips in and out of the building. Vezie suggested a possible shuttle service. Councilor
Reid noted that there is a need for flexibility in regards to employees and the parking issue. Councilor Laws
explained that there is constant review going on in regards to the parking issue and city employees.
Council consensus on agreement of proposed schedule for direction to staff. Scoles explained that public would not
be presented with a preferred design,but would be asked which design they prefer. Scales expects to present a
preferred design to council at the September council meeting.
IL Discussion of Water Conservation Program Goals and Plan
Administrative Services Director Dick Wanderschied presented to council plan to achieve the water conservation
goals of the Comprehensive Water Study. Water conservation analysis was distributed to council for discussion
purposes only. Wanderscheid reported that the water study was completed in 1998 by Carollo Engineers assuming
a 20%water demand reduction during the summer months. Explained that this translates into a savings target of
1,050,000 gallons of water per day in the year 2050 and the proposed paper presents a plan to implement this goal.
Wanderschied stated that current water use per person is 148 gallons a day and the proposal is to reduce this to 140
gallons per day.
Presented memo which explained the goal of the Water Conservation and how much conservation is needed.
Report also explained how this would be met projecting fifty years into the future by realizing the current
conservation programs will probably evolve into much different programs than what we can envision at present.
Used the horizontal axis washing machine as an example and how standards of efficiency are changing which
would make these the only product available.
Conservation programs include: 1)Toilet rebate;2)Showerhead replacements;3)Horizontal Axis Washing
Machine rebates;4) Dishwasher replacement rebate; 5) Residential Irrigation Audits;6) Leak Detection/Water Line
Replacements;and 7)Govemment/Institutional/Large Commercial Real Time/Weather Station Irrigation Systems.
Wanderschied explained in further detail the Weather Station Irrigation System and the possible future use of this
program. Reported that the Park Department is currently using this system. Stated that this has the potential to save
a large amount of water for the city and that there are at least 30 sites that can benefit from this control system.
Council Study Session 8-05-99 Page 2 of 3
Wanderschied stated that the project daily target can be achieved and that the target is attainable and realistic.
Explained for council that the current conservation programs will only expand and be more cost effective for
individuals to use. Explained that code requirements would have no direct impact and that rebates would be ramped
down. Reported that many property owners request retrofitting of showerheads when renters move out.
Ill. Finalize Strategic Planning Process for 1999-2000.
City Administrator Freeman gave brief update and proposed a draft concept to deal with some missing points in the
strategic planning process. Explained the addition of public forums at elementary schools in order to provide
information and obtain input from residents that could then be reported back to council.
Councilor Laws felt that what was being done is not strategic planning, but goal setting. Laws stated his view,that
in order to do strategic planning,you would need to take the Comprehensive Plan,develop a Social Plan and
include the Capitol Plan. These would need to be reviewed these each year,together with staff and the public,and
develop what needs to be done to carry that existing plan out or changed. Would like to see the process become
more systematic and understands that this would take more time.
Freeman explained that what was being presented was response to several comments by council that the public did
not have enough opportunity to provide input on the strategic planning process. The idea was to provide an
opportunity for additional public input so that we could do exactly what Councilor Laws was suggesting. That the
council would know what was on the public's mind so that the strategic plan could be relevant.Clarified that the
points brought up by Councilor Laws are currently being done.
Freeman noted that broad categories had been identified and one of the things that are going to be worked on this
year is developing policy statements. Does not believe broad categories will change, but time would be spent on
focusing what these mean and what direction to go in a long-term perspective. Explained that lastly,there would be
the budget that executes these.
Wheeldon felt that having public input is an important component and suggests focusing discussion on the
Comprehensive Plan elements. Voiced her hope that council will share in the interface with the public in their own
areas when these forums are held. Freeman felt that there is the possibility of intimidation by the public if council
is in attendance. Laws agreed that there is a concern,but that it could be addressed by how the meeting is run.
Councilor Reid disagrees that the public would be intimidated and that there would be more intimidation by a
professional consultant.
Councilor Reid felt that long term planning is essential and how we go about it is okay as long as we do it.
Councilor Laws explained what strategic planning does and what it means to him: That you start with a long-term
plan and then use the long-term plan to very systematically develop your short term actions. Laws feels that what
has been done is"hodge-podge converting"of our long term plan into short term plans. Stated that if we were
doing real strategic planning,we would be reviewing the long-term plans and then seeing what needs to be done for
each of the elements to carry them out in systematic way.
Freeman stated that it was a major accomplishment in identifying the topical areas, and that those will be the
framework under which we do strategic planning. Freeman reviewed the 1999-2000 Strategic Plan goals with
council and explained that plans with specific goals should be worked out in the upcoming strategic planning
process. Explained and updated council on each of the goals outlined in the strategic plan. Stated that these goals
will be defined and direction of these goals, along with policy statements, is the next logical step.
Meeting adjourned at 1:53 p.m.
Submitted by,
Barbara Christensen,City Recorder
Council Study Session 8-05-99 Page 3 of 3
ASy�20
CITY OF ASHLAND
Office of the Mayor
OREGON...••'
MEMORANDUM
DATE: August 10, 1999
TO: City Council Members
FROM: Mayor Catherine Shaw OIL
RE: Appointment to Bicycle & Pedestrian Commission
I would like to appoint Bruce Taylor to the vacant position on the Bicycle &Pedestrian
Commission for a term to expire April 30, 2001. The vacancy was created by the resignation of
Jesse Ferraro.
A copy of Bruce Taylor's letter of interest is attached, along with a copy of the advertisement as
it appeared in the Daily Tidings.
♦ `L
.
I I
of 7
Attachment: 113ICYCLE`8�`PEDESTRIAN
COMMISSION VACANCY `.
The City of Ashland has a vacancy on the' Bicycle &
Pedestrian Commission for a term to expire April 30,
2001. If you are interested-in being considered for this
volunteer position, please submit your request in writing,with a
copy of your resume (if available) to the City Recorder, City
comm\bicycicUppi.mem
Hall, 20 E. Main Street, before Monday, August 9, 19
Additional.information regarding this position can be obtained
from the`otgof it City Recorder.
Please publish: Friday, July 23 and Monday, July 26
Revels: Thursday, July 29
1133 Emma Street
Ashland, OR 97520 'x"
August 8, 1999
�Jb I'
City Recorder
City Hall
20 E.Main St.
Ashland,OR 97520
I wish to be considered for appointment to a term on the Bicycle&Pedestrian Commission for a terns to
expire April 30, 2001. A brief resume is summarized below.
Education: Doctor of Medicine, UCLA School of Medicine, 1971;B.S.,Biochemistry, University of
California at Berkeley, 1967
Occupation: Physician(Pediatrics)at the Medford Clinic, 1976-1996;now retired
Interests: 1 have been a member of the Siskiyou Wheelmen for years, I have graduated from the United
Bicycle mechanic school,I have participated in and worked as a volunteer at many local bicycle rides and
races,I have recently completed the CERT training. I also enjoy walking, lap swimming,and downhill
skiing.
I appreciate your consideration of my application. If you have any questions, please call me at 488-3654.
Sincere) ours,
Bruce Taylor
In 1980 the City of Ashland released a watershed analysis
done by an independent engineering firm, James P!. Yontgomerd
Consulting Engineers , Inc . The conclusion regarding fire
management is copied below . Though we do not agree that
fire suppression is the best alternative , the conclusion
clearly states that logging operations and tree removal
create more problems than they solve .
FIRE MANAGEMENT -
The City of Ashland agrees with the need for a fire management program in
the Ashland Watershed and is confident that a number of alternatives exist
that are compatible with municipal watershed protection, however the Forest
Service has appeared at times to be inclined to justify a number of inten-
sive activities within the Watershed in the name of fire management. The
basic fire management conclusions of the 1977 JMM study are summarized
below:
1. The history of fires and fire management in the Rogue River N.F.
indicates that the major problem fires were man-caused and
that natural fires were generally suppressed in a short time.
2. There is a high potential for increased erosion due to an
intense fire in the watershed. However, there is research
information available that demonstrates that wildfire in
unlogged watersheds can result in significantly less erosion
and sediment movement than wildfire (whether man-caused or
natural) in a logged watershed.
3. High levels of human activity such as that associated with
logging or extensive over-night camping could be expected to
increase the likelihood of a large man-caused fire.
4. Fire management'involving intensive observation and quick
response in suppressing all fires is the most appropriate
program for the Ashland watershed. .
5. Although the physical removal of fuel from the watershed
would present certain benefits, the extensive logging
activities required to do this effectively would present
far more hazards and potential for loss than for benefit.
Prescribed burning for fuel reduction may present oppor-
tunities if the air quality impacts are minimized.
Ashland Creek First!
Gore information on back side
One of the most applicable research studies Ito the Ashland Watershed) was by Megahan and
Molitor 11975).This research concerned two small wamrshcds on the Idaho Balhnlim.one of which
was logged and the other nnlogged.Within one year after logging.a very hot wild lire swept through
both areas II was found that the fire was more intense on the clear cut watershed,but that on the
uncut watershed,stem scorching had killed all the Trees:however,the needles of the nva,tory trees '
on the uncut watershed were not consumed. It was found that considerable accelerated erosion
occurred no the clear cut and burned watershed.Annual sediment yield on the cleat cut watershed
was estimated at 430 cubic yards per square mile. No eroded material left the uncut and burned
drainage. Megahan and Molitor concluded that the preftre clear cutting was the most probable
ca ., to, facto( in the increased erosion following the forest fire. It was concluded that the clear
cutting had a twofold effect: (1)it removed protective canopy cover find an important source of
,osbfire litter which protected the mil surface on the uncut areal,and(2)it increased surface fuel
loading that led to a more intense bum. It was also frond that them was a tendency for greater
r'I b0 water repelency on the clear cut watershed.
14 P In These research studies indicate that wildfire under certain conditions in natural(or uncut)lorested
.a 4 iD O td watersheds may have little impact on water quality. On the other hand, wildfire Or slash burning
W H W with unfavorable conditions On clear cut/logged areas can increase the production of sediment.
.r1
Co O (1) 'the cutting method and skidding of logs also influences the production of sediment from a
03 .rl ,1. no watershed, although this is generally considered to he relatively small when compared with roads
.r-I 4� 4-` O and road constructi ton on.Swar and Dymen(1973)found that the most mil disturbing method of
td O td O )ceding was tractor logging. followed by high lead.skyline and balloon.Tractor logging is generally
b rj W considered a poor choice for logging in areas where snit erodibility is a problem (EPA. 19751.
0) " O N
O 10 a) W Fredrikson (1970) found that clear cutting and high lead yarding in three small western Oregon
c7
yy O 0 ,H O N watersheds produced sediment in streams averaging more than 100 times the undisturbed condition
O �4 +a F= U over a period of one year. As a general rule, silvicultuml systems rank in the following order
O N N 0 9 regarding potential impact on water quality(most impactive first): (I)clear cutting.(2)seed tree.
H O 4( Co O (3)shelter wood.(4)selection (EPA, 1975).Balloon and helicopter logging art considered the least
W Ul
impactive methods of yarding, although the running skyline system is generally considered to be
f4 fa
O O tD mote economical and similar in exerting a relatively small impact on water quality.
+a ANALYSIS
[d 4 b 4•o -
r= > Ca N a O HISTORY OF DISTURBANCE AND SEDIMENTATION
N N H •11 Se,
0 U) +a td td d The Ashland Watershed lands were maintained in a relatively undisturbed condition prior to
(d td +9 4 intensive timber management in 1955. Before 1955. the principal.source of disturbance was
•N �r 0 z 3 O lightning-caused ftm,of which seven were reported for the period 1940-1956. However, the fires
10 fn td •11 'r-I were relatively small(less than two acres:USFS)and apparently had little effect on water quality or
O 4 01 3 td 0 V sediment production in the watershed.
'0 Several activities were undertaken following adoption of the "Multiple Use Management"prognm
N W f� O N O in the and 1950's. From the standpoint of sediment production, the following manK:aused
'+a 'N -O •1`1 O O Fa disturbances are important:
Ca C
4 W 0 4U td
• Approximately 37.3 miles of logging roads,disturbing a total land area in excess of 270
10 W lD b to acres.were constructed in the period 19561963.This brought the length of roads within
Fa r-I N td td the watershed to a current total of 52.7.The area within road right-of-way is 383 acres.
(d fd (d [L d ,C X; or 3 percent of the watershed lands. There are 33.5 miles within the portion tributary to
H C) V) � +1 Reeder Reservoir 21.2 miles of which have been constructed since 1956. .
W 5-+ P .0 td 10
• Timber harvest including clear cutting,partial cuttin& thinning,sanitation salvage, high
r P N &a }a 0 lead logging and tractor logging was undertaken in the period 1958.1965. A total of
Cd -w N 1,000 acres was harvested a follows:
'14 M fd 4 fd Clearcut 269 acres
+' O +a N W .
Shelterwood 577 acres
10 r-I $4 f-1 p N Thinning 154 acres
N r0 Oa W H P ;-4 Total 1.000 acres
td - (2) N 4-'f • In the early 1960's the Mt. Ashland ski resort. with an area of IR3 acres.was developed.
tl--I N P E The ski area was opened in 1964.CIS
'Cl 4� f+ N
N H O 4-1 Altogether. these activities subjected over 10 percent of the lands within the watershed to
4 H E a CO N O unprecedented disturbance due to clearing of vegetation and construction and grading of roads.
+
O The City of Ashland has reported a contemporaneous increase in the amount Of sediment in Reeder
d '4 O �4 Reservoir.which the, have had to remove. since the beginning of intensive timber management in
0 '0
t)5 Q) N f� O
U N +a H N £ the 1950',. Before 1956,annual sediment cleaning operations consisted of cleaning out the small
O ,c� 1 a ld )-I basins located above the reservoir of approximately 1.200 cubic yards per yea.Little in the way of
b N bD O N (1) labor or earth-moving equipment was reportedly needed to assist the sluicing Operation before
N N O . W N p 1056. Although measurements of the amount of material nushed from the bottom of the Reeder
•� +a Se, ri to H O Reservoir are not available for this period. it seems likely that on the average the annual amount.
� ,-i N including that trapped in the debris basins upstream.was two to three thousand cubic yards.
H 3 CO 4 N x 4- a P
Beginning in the early I960's, the city tenons That a greater effort was rpmireA to clear the
aservoir of sediment each .ear. especially following years of heavy germs, In t962. a 2-inch
rainfall in December generated a rehilivey large amount of sediment, and then in 1964 a very wet
December occurred with 3 inches Of rainfall reported at Ashland on December 22. 'this large
sediment mile. affected the operation id the low level pullet of the dam. and in 10661967, a
co,tly dredp,g operation had to he undertaken to clear the bottom of the reservoir. Rough
measurements of sediment discharged during the dredging Indicated that approximately 60,000 _
cubic yards had become trapped in the reservoir as a result of the 1964 moo I Lund. 1974 and
discussions with 0(v of Ashland staff, 1976). Reservoir profile data are tint avmlahle to compare
with thee-estimmes.
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Council Communication
Legal Department
AT&T Telecommunications Franchise Agreement
August 17, 1999
Submitted by: Paul Nolte �A �
Approved by: Mike Freeman fto-
Title:
City of Ashland Limited Use Telecommunications Franchise Agreement with AT&T
Synopsis:
This franchise agreement addresses the use by AT&T of approximately 400 feet of public right of
way in Dead Indian Memorial Road. The franchise complies with the requirements of the
telecommunication ordinance and is granted for a term of five years. Compensation for the use of
public right of way has been set by resolution of the council and is measured, for this type of
grantee, by the number of linear feet of public right of way occupied.The minimum fee ($4,000
per year) has been assessed in this case since the franchisee is using a relatively small portion of
the city's rights of way. The agreement also addresses franchise fees for the period of 1988 to
1998. Those fees were calculated differently because the city did not have a telecommunications
ordinance during that period of time.
Recommendation:
Staff recommends approval of the franchise agreement which may be adopted by motion of the
council.
Background Information:
The AT&T franchise is the first limited use franchise issued under the city's telecommunications
ordinance. AT&T began using the city's right of way in 1988 but for various reasons a franchise
authorizing such use was never executed. After the adoption of the city's telecommunication
ordinance, staff began working with AT&T to formalize the authorization for the use. AT&T was
cooperative throughout the process and fully complied with the requirements of the
telecommunications ordinance. Because AT&T uses only a small portion of the city's rights of
way and because it does not directly serve customers within the city, the franchise is considered a
limited use franchise under the city's telecommunication ordinance.
(F:\USER\PAUL\Telecommunications\Fov \franchise ATT fd 7-99 cc.wpd)
City of Ashland
Limited Use
Telecommunications Franchise Agreement
Limited Use Franchise agreement authorized pursuant to Ashland Municipal Code
Title 16 between the City of Ashland (City) and AT&T Corp., a New York corporation
(AT&T) dated this day of , 1999.
1 Grant of franchise. City grants to AT&T, its successors and assigns, a limited
use franchise to construct, operate and maintain a telecommunications system,
with all necessary facilities under the surface of Dead Indian Memorial Road for
a distance of 400 linear feet, from State Highway 66 north to the city limits
(further referred to in this franchise as the `limited use franchise street."
2 Term. The term of this franchise shall be five years from the date listed above
unless terminated sooner as provided in this agreement or as provided in
Title 16.
3 Fee. Grantee shall pay as a franchise fee to the City, through the duration of this
franchise: (1) From October 1, 1998, to June 30, 2001, the greater of either:
(a) the minimum annual franchise fee of $4,000; or, (b) $1.22 per linear foot of
right of way occupied. Payment of the franchise fee shall be made annually in
advance before June 30 of each year, provided, however, the franchise fee for
the period October 1, 1998 to June 30, 1999, shall be paid upon execution of this
agreement. This fee shall increase annually in July of each year, by multiplying
the fee by a fraction, the numerator of which is the CPI Index Figure for the
month of March preceding the July in which the fee is to be increased and the
denominator of which is the Base CPI Index Figure. As used in this section,
"Index" refers to the All Urban Consumers (CPI-U), U.S. City Average, CPI index
published by the Bureau of Labor Statistics of the United States Department of
Labor. 'Base CPI Index Figure" shall refer to the Index number indicated for the
month of March, 1998, and the "CPI Index Figure" for any other month shall refer
to the Index number for that month. (2) Beginning July 1, 2001, the fee shall be
the greater of the minimum annual franchise fee or $2.50 per linear foot. This fee
shall increase annually by the CPI Index as set forth above. (3) For the period
from October 1988 to September 1998, the total sum of$4,000 due 30 days
from the date of this franchise.
3.1. Franchise fee payments not received by the City on or before the due
date shall be assessed interest at the rate of one percent over the existing
prime rate as set by the bank with which the City contracts for its banking
services, compounded daily. Interest shall be due on the entire late
payment from the date on which the payment was due until the date on
which the City receives the payment.
3.2. No acceptance of any payment by Grantee shall be construed as an
accord that the amount paid is, in fact, the correct amount, nor shall
any acceptance of payments be construed as a release of any claim
the City may have for further or additional sums payable. All amounts
paid shall be subject to confirmation and recomputation by the City,
provided that such audit and computation is completed within three,
years of the date any audited and recomputed payment is due. If no
such audit or financial review is conducted within the three year
period, then any claim that the City might have had for additional
compensation shall be forever waived and relinquished. The Grantee
agrees to reimburse the City for:
3.2.1. The reasonable costs of such confirmation if the City's recomputation
discloses that the Grantee has paid 95 % or less of the franchise fees
owing for the period at issue upon receipt of an invoice from the City
showing such costs were actually incurred and directly related to the
audit; or
3.2.2. One-half of the reasonable costs of such confirmation if the City's
recomputation discloses that the Grantee had paid more than 95%
but less than 98% of the franchise fees owing for the period at issue.
3.2.3. The City's costs which may be reimbursed under this section shall not
exceed $5,000.00 per audit or financial review. Audits or financial
reviews subject to reimbursement under this section shall be
conducted no more frequently than once every three years.
3.2.4. If the City determines that Grantee made any underpayment, and that
the underpayment exceeded 5 % of the amount due, Grantee shall
pay interest compounded at the rate of one percent (1%) over the
existing prime rate as set by the bank with which the City contracts for
its banking services, compounded monthly. Interest shall be due on
the entire underpayment from the date on which payment was due
until the date on which full payment is received.
I
3.3. If the Grantee disputes the City's determination of underpayment, the
Grantee shall.place the disputed amount in an escrow account until
final resolution.
3.4. All Grantee's books, maps, and records directly concerning the
location within the right of way under this franchise and its calculation
of franchise fee payments to the City shall be open for inspection by
the proper officers or agents of the City, upon no less than 48 hours
prior written notice, during normal business hours to determine the
amount of compensation due the City under this franchise, and shall
be kept so as to accurately show the same.
3.5. Payment of the franchise fee shall not exempt Grantee from the
payment of any license fee, tax or charge on the business,
occupation, property or income of Grantee that may be lawfully
imposed by the City or any other taxing authority, except as may
otherwise be provided in the ordinance or laws imposing such other
license fee, tax or charge.
4 Title 16 Ashland Municipal Code, Charter and General Ordinances To
Apply.
4.1. Unless the context requires otherwise, words and phrases used in this
franchise shall have the same meaning as defined in Title 16,
Telecommunications, Ashland Municipal Code. All of the provisions of
Title 16 are incorporated by reference and made a part of this franchise.
In the event of any inconsistencies in the terms of this franchise and Title
16, the more restrictive provisions of Title 16 shall take precedence over
franchise terms unless Title 16 specifically authorizes the franchise to
provide otherwise.
4.2. The Charter of the City of Ashland and general ordinance provisions of
the City affecting matters of general City concern and not merely existing
contractual rights of Grantee, now in effect or adopted in the future, are
incorporated by reference and made a part of this franchise. Nothing in
this franchise shall be deemed to waive the requirements of the various
codes and ordinances of the City regarding permits, fees to be paid, or the
manner of construction.
5 General Financial and Insurance Provisions. Grantee shall not be required to
obtain the following which are otherwise required by Title 16, Ashland Municipal
Code.
5.1. Performance Bond (Section 16.12.190).
5.2. Insurance (Section 16.24.100).
5.3. Performance Bond (Section 16.24.120).
6 Covenant to Indemnify and Hold City Harmless.
6.1. Grantee agrees and covenants to indemnify, defend and hold the City, its
officers, agents and employees, harmless from any claim for injury,
damage, loss, liability, cost or expense, including court and appeal costs
and attorney fees or expenses, arising from any casualty or accident to
person or property by reason of any construction, excavation or any other
act done under this franchise, by or for Grantee, its agents or employees,
or by reason of any neglect or omission of Grantee to keep its
telecommunications system in a safe condition, but not if arising out of or
by reason of any negligence or willful misconduct by the City, its officers,
agents or employees. The City shall provide Grantee with prompt notice of
any such claim which Grantee shall defend with counsel of its own
choosing and no settlement or compromise of any such claim will be done
by the City without the prior written approval of Grantee. Grantee and its
agents, contractors and others shall consult and cooperate with the City
while conducting its defense of the City.
6.2. Grantee also shall indemnify the City for any damages, claims, additional
costs or expenses assessed against or payable by the City arising out of
or resulting, directly Or indirectly, from Grantee's failure to remove, adjust
or relocate any of its Facilities in the limited use franchise street in a.timely
manner in accordance with a relocation schedule furnished to Grantee by
the City Engineer, unless Grantee's failure arises directly from the City's
negligence or willful misconduct.
7 Construction and Relocation.
7.1. Subject to applicable regulations of the City, Grantee may perform all
necessary construction to construct, operate and maintain its
telecommunications system. All construction and maintenance of any and
all telecommunications system facilities within the limited use franchise
street subject to this franchise and incident to Grantee's provision of
telecommunications services shall, regardless of who performs installation
or construction, be and remain the responsibility of Grantee. Grantee shall
apply for and obtain all permits necessary for installation or construction of
any such facilities, and for excavation and laying of any
telecommunications system facilities within this limited use franchise
street. Grantee shall pay all applicable fees due for City construction
permits.
7.2. Prior to beginning construction, Grantee shall provide the City with an
initial construction schedule for work in the limited use franchise street
and the estimated total cost of such work.
7.3. Grantee may make excavations in the limited use franchise street for any
facility needed for the maintenance or extension of the Grantee's
telecommunications system, subject to obtaining permits from the City.
Prior to doing such work, Grantee must apply for, and obtain, appropriate
permits from the City, and give appropriate notices to any other
franchisees, licensees or permittees of the City owning or maintaining
facilities which may be affected by the proposed excavation.
7.4. In the event that emergency repairs are necessary for Grantee's facilities
in the limited use franchise street, Grantee shall immediately notify the
City of the need for such repairs. Grantee may immediately initiate such
emergency repairs, and shall apply for appropriate permits the next
business day following discovery of the emergency. Grantee must comply
with all ordinance provisions relating to such excavations or construction,
including the payment of permit or license fees.
7.5. Grantee is responsible for becoming familiar with, and understanding the
provisions of ORS Chapter 757, governing the location of underground
facilities (the "One-Call statutes"). Grantee shall comply with the terms
and conditions set forth in the One-Call statutes.
7.6. Grantee shall at its own expense temporarily or permanently remove,
relocate, change or alter the position of any of its facilities when directed
to do so by City in compliance with Ashland Municipal Code Title 16.
7.6.1. Whenever any person or entity, other than the City, requires the relocation
of Grantee's facilities to accommodate the work of such person or entity
within the franchise area; or whenever the City requires the relocation for
the benefit of any person or entity other than the City, then Grantee shall
have the right as a condition of such relocation to require such person or
entity to:
A. Make payment to Grantee, at a time and upon terms
acceptable to Grantee, for any and all reasonable costs and expenses
incurred by Grantee in the relocation of Grantee's facilities; and
B. Indemnify and save Grantee harmless from any and all
claims and demands made against it on account of injury or damage to
the person or property of another arising out of or in conjunction with the
relocation of Grantee's facilities, to the extent such injury or damage is
caused by the negligence of the person or entity requesting the relocation
of Grantee's facilities or the negligence of agents, servants or employees
of the person or entity requesting the relocation of Grantee's facilities.
7.6.2. Whenever the City causes the grading or widening of the franchise area
(for purposes other than those described in section 7.6.1) and such
grading or widening requires the relocation of Grantee's then existing
facilities within the franchise area, the City shall:
A. Provide Grantee, within a reasonable time prior to the
commencement of such grading or widening, written notice requesting
such relocation; and
B. Provide Grantee with copies of any available plans and
specifications for such grading or widening.
After receipts of such notice and such plans and specifications, Grantee
shall relocate such facilities within the franchise area to a place or area
provided by the City and such relocation shall be at no charge to the City.
Any condition or requirement imposed by the City upon any person or
entity, other than Grantee or the City (including, without limitation, any
condition or requirement imposed pursuant to any contract or in
conjunction with approvals or permits for zoning, land use, construction or
development) which requires the relocation of Grantee's facilities shall be
a required location for purposes of the above.
Nothing in sections 7.6.1 or 7.6.2, shall require Grantee to bear any cost
or expense in connection with the location or relocation of any facilities
then existing under benefit or easement or such other prior rights.
7.7 Grantee's telecommunications system shall be constructed and
maintained in such manner as not to interfere with City sewers, water
systems, electric systems or any other facilities of the City.
8 Reservation of City Street Rights; Requirements for Undergrounding.
8.1 Nothing in this franchise shall be construed to prevent the City from
constructing sewers, water systems, electric systems, grading, paving,
repairing or altering any limited use franchise street or constructing or
establishing any other public work or improvement.
8.2 If any of the Grantee's telecommunications system interferes with the
construction or repair of any City sewer, water or electric system, street or
public improvement, the Grantee's system shall be removed or replaced
in the manner the City shall direct. Any and all such removal or
replacement by Grantee shall be without expense to the City. Should
Grantee fail to remove, adjust or relocate its facilities by the date
established by the Public Works Director written notice to Grantee, the
City may cause or effect such removal, adjustment or relocation, and the
expense thereof shall be paid by Grantee, including all costs and
expenses incurred by the City due to Grantee's delay.
8.3 Grantee shall install its telecommunications facilities underground unless
the City specifically permits attachments to utility poles or other
aboveground facilities. Grantee shall install its telecommunications
facilities within an existing underground duct or conduit owned by it
whenever surplus capacity exists within such utility facility. If Grantee has
permission to install overhead facilities, Grantee shall install its
telecommunications facilities on pole attachments to existing utility poles
only, and then only if surplus space is available as determined by the
Department of Electric Utilities. Whenever any existing electric utilities are
located underground within a public right of way of the City, Grantee shall
also locate its telecommunications facilities underground. Whenever any
overhead electric utilities are relocated underground, Grantee shall also
locate its telecommunication facilities underground.
9 City's Written Consent Required for Assignment, Transfer, Merger, Lease
or Mortgage. Ownership or control of a telecommunications system or franchise
may not, directly or indirectly, be transferred, assigned or disposed of by sale,
lease, merger, consolidation or other act of the Grantee, by operation of law or
otherwise, without the prior consent of the City, which consent shall not be
unreasonably withheld or delayed, and then only on such reasonable conditions
as may be prescribed in such consent.
9.1 Grantee and the proposed assignee or transferee of the grant or system
shall provide and certify the following information to the City not less than
120 days prior to the proposed date of transfer:
9.1.1 Complete information setting forth the nature, terms and
condition of the proposed transfer or assignment;
9.1.2 All information required of a telecommunications franchise
applicant pursuant this chapter with respect to the proposed
transferee or assignee;
9.1.3 Any other information reasonably required by the City.
9.2 No transfer shall be approved unless the assignee or transferee has the
legal, technical, financial and other requisite qualifications to own, hold
and operate. the telecommunications system pursuant to this title.
9.3 Grantee shall reimburse the City for all direct and indirect fees, costs, and
expenses reasonably incurred by the City in considering a request to
transfer or assign a telecommunications franchise.
9.4 Any transfer or assignment of a telecommunications grant, system or
integral part of a system without prior approval of the City under this
section shall be void and is cause for revocation of the franchise.
10 Miscellaneous Provisions.
10.1 Both Grantee and the City shall comply with all applicable federal and
state laws. Grantee shall comply with all applicable City ordinances,
resolutions, rules and regulations adopted or established pursuant to the
City's lawful authority.
10.2 If any section, provision or clause of this franchise is held by a court of
competent jurisdiction to be invalid or unenforceable, or is preempted by
federal or state laws or regulations, the remainder of this franchise shall
not be affected, unless the city council determines such section, provision,
or clause was material to the City's agreement to issue a franchise to the
Grantee.
10.3 The city council or the city administrator shall be vested with the power
and authority to reasonably regulate the exercise.of the privileges
permitted by this franchise in the public interest. Grantee shall not be
relieved of its obligations to comply with any of the provisions of this
franchise by reason of any failure of the City to enforce prompt
compliance, nor does the City waive or limit any of its rights under this
franchise by reason of such failure or neglect.
10.4 Any litigation between the City and the Grantee arising under or regarding
this franchise shall occur, if in the state courts, in the Jackson County
Circuit Court, and if in the federal courts, in the United States District
Court for the District of Oregon.
10.5 Any notice provided for under this franchise shall be sufficient if in writing
and (1) delivered personally to the following addressee or deposited in the
United States Mail, postage prepaid, certified mail, return receipt
requested, (2) sent by overnight or commercial air courier (such as
Federal Express), or (3) sent by facsimile transmission addressed as
follows, or to such other address as the receiving parry shall specify in
writing:
If to the City: City Administrator, City Hall, 20 East Main Street,
Ashland, Oregon 97520; FAX 541-488-5311
If to the Grantee: Right-of-Way Engineer-- State of Oregon, AT&T,
1200 Peachtree Street, NE - Prom Annex, Location PA168,
Atlanta, GA 30309; FAX 404-810-4444
Any such notice, communication or delivery shall be deemed effective and
delivered upon the earliest to occur of actual delivery, three business days after
depositing in the United States mail as aforesaid, one business day after
shipment by commercial air courier or the same day as facsimile transmission (or
the first business day thereafter if faxed on a Saturday, Sunday or legal holiday).
11 Other Authority Superseded. Upon effectiveness of this franchise, any and all
authority to operate previously granted to Grantee by the City shall be
superseded by this franchise.
12. Reservation by Grantee. Nothing in this agreement shall be construed as a
waiver by Grantee of its rights under applicable law. Grantee hereby reserves
the right (and in no way waives any right) to challenge the enforcement of the
requirements contained herein or in the City's Municipal Code as being
inconsistent with applicable law. City agrees to such reservation and non-waiver
by Grantee.
Grantee City
By: „mot. —� _=BY:
Title: Julian K. Ingram
Mayor, Catherine M. Shaw
District Manager - OSP
Engineering and Process Attest:
City Recorder, Barbara Christensen
Content review by on
Legal review by on �cfsj�
Council Communication
Legal Department
Taxicab Ordinance Amendments
August 17, 1999
Submitted by: Paul Nolte V (
Approved by: Mike Freeman
Title:
An Ordinance Removing The Restriction on The Number of Taxicabs Which May Operate in
The City And Increasing The Amount of Required Liability Insurance.
Synopsis:
This ordinance removes the per capita restrictions for taxicabs thereby allowing any number of
taxis to operate in the city regardless of population. The ordinance also updates the liability
insurance requirements for taxi operators.
Recommendation:
Having received approval at its first reading on August 3, 1999, it is recommended that this
ordinance be passed and adopted.
Background Information:
The restriction on the number of taxicabs permitted within the city has been based on population
for many years. Recent changes in the dispatch of taxis and the consolidation of taxi companies
in Medford and Ashland has altered the manner in which citizens are being served. By
eliminating the restriction on the number of taxis, competition will be possible and citizens will
have a choice.
The existing insurance requirements for taxi operators have not been amended since the
ordinance was written many years ago. The requirements need to be modernized and the limits
increased.
F:%SER\PAUL\ORD\taxicab ord cc.wpd
ORDINANCE NO.
AN ORDINANCE REMOVING THE RESTRICTION ON THE
NUMBER OF TAXICABS WHICH MAY OPERATE IN THE
CITY AND INCREASING THE AMOUNT OF REQUIRED
LIABILITY INSURANCE.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 6.28.020.J of the Ashland Municipal Code is amended to read:
J. Taxicab. Means any vehicle which carries passengers for hire whose
journey has originated in the City and where the destination and route
may be controlled by a passenger and the fare is calculated on the basis
of any combination of an initial fee, distance traveled, and delay. Any
vehicle which has an appearance deceptively similar to a taxicab is a
taxicab for the purposes of this chapter. Exceptions are: Regular-route
scheduled buses, bona fide state-approved buses engaged in charter
service with a seating capacity of more than 20 persons, the Ashland
Senior Program van, and courtesy vehicles operated by hotels and motels
as a convenience for registered guests only, where no charges are made.
SECTION 2. Section 6.28.030 of the Ashland Municipal Code is amended to read:
6.28.030 Certificate Required. No person shall operate any taxicab in the City of
Ashland without possessing, in addition to any license required by any other law,
a valid certificate issued pursuant to this chapter.
SECTION 3. Section 6.28.120 the Ashland Municipal Code is amended to read:
6.28.120 Insurance.
A. It shall be unlawful for a certificate holder to drive or operate, or cause
to permit to be driven or operated, any taxicab in the City of Ashland
unless the certificate holder shall have on file with the City Recorder, and
shall keep in full force and effect, a written certificate of a responsible and
solvent insurance corporation authorized to write insurance policies in the
State of Oregon, that it has issued to or for the benefit of the certificate
holder, a taxicab, commercial general or comprehensive general liability
policy which is in full force and effect, and designating in such policy the
taxicabs which may be driven or operated under this chapter.
B. The taxicab liability insurance policy above-required shall insure the
certificate holder and any other person using or responsible for the use of
any such taxicab, against loss from the liability imposed upon such
Page 1 - Ordinance F:wseRwA000RDVax�b ord.wpd
operator of such taxicab by law for injury to, or death of, any person, or
damage to property growing out of the maintenance, operation or
ownership of any taxicabs, to the amount of $500,000 per occurrence in
combined single limit for bodily injury and property damage claims or
$500,000 per occurrence for bodily injury and $100,000 per occurrence
for property damage. Liability coverage shall be provided on an
"occurrence" not 'claims" basis. The City of Ashland, its officers,
employees, and agents shall be named as additional insureds.
C. The certificate required in this Section shall state that it is not
cancelable nor the coverage reducible except upon 30 days prior written
notice to the City Recorder.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the 3rd day of August , 1999, and duly PASSED
and ADOPTED this day of ' 1999.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 1999.
Catherine M. Shaw, Mayor
Revi ed as to form:
Paul Nolte, City Attorney
Page 2 - Ordinance F\USER\PAUL\ORD\taxicab ord.wpd
Council Communication
Public Works Department
Vacation of a Portion of Indiana Street
August 17, 1999
Submitted by: Paula Brown
Reviewed by: .Paul Nolte
Approved by: Mike Freeman '1 '
Title:
An Ordinance Vacating a Portion of Indiana Street on Property Owned by Southern Oregon
University near Siskiyou Boulevard
Synopsis:
In 1998,the northerly section of Indiana Street was re-constructed and shifted to the west to
align with Wightman Street on the north side of Siskiyou Boulevard(see attached map). The re-
alignment effectively eliminated the previous staggered intersection and provided for a single
four-leg signal controlled intersection. The project was a joint effort of the City of Ashland,
Oregon Department Of Transportation and Southern Oregon University with each entity
contributing financially. By prior agreement the newly aligned street right-of-way is to be
provided by SOU at no charge to the City. The old section of right-of-way is to be vacated to the
benefit of SOU, again at no charge.
A utility easement will be reserved through the vacated right-of-way to protect existing sewer,
water, storm drain and power and communication lines.
Recommendation:
This ordinance was first read by Council on August 3, 1999. Staff recommends that Council
sign the attached Ordinance vacating this portion of Indiana Street as no contradictions have
been received to deny or argue this request.
Background Information:
In the 1970s the re-alignment of the intersection of Indiana Street, Siskiyou Boulevard and
Wightman Street was identified as a crucial project. Preliminary designs showed various
alignments of either Wightman and Indiana being reconfigured. Regardless of the re-alignment
option, it was universally agreed that the staggered 4-leg intersection was awkward,confusing
and unsafe in its present condition.
In June of 1996, an intergovernmental agreement was developed between ODOT, SOU and the
City. It was agreed that each entity would pay approximately $50,000 toward the reconstruction
of the street. ODOT and SOU would each pay $50,000 with the City making up the difference.
As a condition of the agreement (copy attached)the City was to transfer to SOU the City's entire
interest in all of the Indiana Street right-of-way
which will not be in use following the re-alignment. Likewise, SOU was to provide the land for
the newly re-aligned portion of Indiana Street. There was to be no exchange of monies for this
right-of-way transfer since both parties were receiving roughly equal benefit from the transaction
(see Page 3, Paragraph 4 and Page 5, Paragraph I of the attached agreement). The Council
approved this agreement on August 14, 1996.
G:Paula\Council Communications\CC Indiana Street Vacation Ordinance.doc
The original project estimate was $150,000 with a final cost of$170,511. Much of the $20,510
overage was due to the disposal of two abandoned fuel tanks within the new street right-of-way.
Of the $20,511 extra cost, SOU paid over $18,000. If title to the property had been passed prior
to construction, the City would have born all the additional cost related to the fuel tank removal.
A deed for the new alignment of Indiana Street has been transmitted to SOU for approval and
signatures. The vacation ordinance should not be presented for recording until the street deed
has been signed and received. Please note the special recording instructions under the
recommendation.
G:Paula\Council Communications\CC Indiana Street Vacation Ordinance.doc
ORDINANCE NO.
AN ORDINANCE FOR THE VACATION OF A PORTION
OF INDIANA STREET ON PROPERTY OWNED BY
SOUTHERN OREGON UNIVERSITY NEAR SISKIYOU
BOULEVARD.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. On the date specified in section two of this ordinance, the public right-of-
way described on the attached Exhibit A is vacated subject to a reservation of a Public
Utility Easement to protect the existing utility lines located within the vacated right-of-
way. The easement shall be 10.0 feet in width and shall be centered on the center of
the existing utilities.
SECTION 2. The vacation of the right-of-way described in section one of this ordinance
shall become effective immediately prior to the recordation of a deed from the State of
Oregon acting by and through the State Board of Higher Education on behalf of
Southern Oregon University to the City of Ashland dedicating a new right of way for
Indiana Street on property where the vacated Indiana Street is located.
The foregoing ordinance was first READ on the day of 1999,
and duly PASSED and ADOPTED this day of 1999.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 1999.
Catherine M. Shaw, Mayor
Re ed as to form:
Paul Nolte, City Attorney
PAGE 1 - ORDINANCE (CAWINDOMTEMPWacation Indiana Street Ord.wpd)
Council Communication
Legal Department
Sign Code Amendment
August 17, 1999
Submitted by: Paul Nolte V-'
Approved by: Mike Freeman / f V
Title:
An Ordinance Amending the Sign Code to Permit Temporary Signs 45 Days Prior to an Election
Synopsis:
This ordinance amendment increases the amount of time a temporary sign may be erected prior to
an election. The increase adds 15 days to the existing 30 day period.
Recommendation:
Having received approval at its first reading on August 3, 1999, it is recommended that this
ordinance be passed and adopted.
Background Information:
With the advent of mail-in ballots for Oregon elections the length of political campaigns for
local elections are increasing. On arrival of ballot through the mail, voters are voting earlier and
consequently campaigning begins earlier. This amendment would permit the earlier erection of
campaign signs.
FAUSER\PAUL\ORD\sign temp ord cc.wpd
ORDINANCE NO.
AN ORDINANCE AMENDING THE SIGN CODE TO
PERMIT TEMPORARY SIGNS 45 DAYS PRIOR TO AN
ELECTION
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 18.96.030.E of the Ashland Municipal Code is amended to read:
Section 18.96.030. Exempted Signs. The following signs and devices shall not
be subject to the provisions of this chapter except for 18.96.140.
E. Temporary signs not exceeding four square feet, provided the signs are
erected no more than 45 days prior to and removed within seven days
following an election.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the 3d day of August , 1999, and duly PASSED
and ADOPTED this day of ' 1999.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of ' 1999.
Catherine M. Shaw, Mayor
Revile ed as to form:
Paul Nolte, City Attorney
1- ORDINANCE FIUSEMPAWORDlsign temp ord.wpd
Council Communication
Public Works Department
Name Change for Renaissance Drive
August 17, 1999
Submitted by: Paula Brown
Reviewed by: Paul Nolte
�-
Approved by: Mike Free r�
Title:
A Resolution Changing the Name of Renaissance Drive to Winter Drive.
Synopsis:
Renaissance Drive was created in 1983 as part of the Litbia Park Village Subdivision. There is
only one property owner accessing Renaissance Drive who is the initiator of this request. The
property owner's reason for requesting the name change is that"Renaissance Drive" is difficult
for many people to pronounce and spell. The proposed, simplified Winter Drive name conforms
with the requirements of AMC 13.24.010 and the requirements of AMC 133.24.20 which state the
Council can approve a name change if it finds that a public need for the change exists, confusion
will be eliminated, or it is desirable for the convenience of the general public. Council has
complete legislative discretion to change the name of any street in the City.
Recommendation:
The Planning and Public Works Departments have no objections to this street name change and
request Council to approve the attached resolution establishing Winter Drive.
Background Information:
Renaissance Drive is a short street dedicated to the City on the Lithia Park Village subdivision
plat. The street is under 100 feet long and provides access to only a single lot(391E17AA-
2300). The residence is the only home addressed on Renaissance Drive. All lots within the
subdivision are addressed off Ashland Creek Drive (formerly Marklan Drive).
G:Paula\Council\CC Rennaisance Name Change.doc
RESOLUTION NO. 99-
A RESOLUTION CHANGING THE NAME OF
RENAISSANCE DRIVE TO WINTER DRIVE
Recitals:
A. The council has received a request to change Renaissance Drive to Winter
Drive. The current name for the street has caused confusion for those attempting to
spell or pronounce the name.
B. The change meets the requirements of § 13.24.010 as Winter is an approved
name for a street. Otto Winter was a prominent businessman around the turn of the
century and is listed on the adopted Heritage Street Name List.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Pursuant to Ashland Municipal Code § 13.24.020.D the name of
Renaissance Drive is changed to Winter Drive.
This resolution was read by title only in accordance with Ashland Municipal Code
§2.04.090 duly PASSED and ADOPTED this day of ' 1999.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of ' 1999.
Catherine M. Shaw, Mayor
R wed as to form:
i
7au Nolte, City Attorney
PAGE 1-RESOLUTION (F:tUSERt PAUUORD tstreetnameWinterresompd)
CITY OF ASHLAND
ENGINEERINGDIVISION
CHANGING TO:
"WENTER DRIVE"
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Council Communication
Public Works Department
Name Change for B Street
August 17, 1999
Submitted by: Paula Brown
Reviewed by: Paul Nolte("' f
Approved by: Mike Freeman
Title:
A Resolution Changing the Name of Spring Street to B Street.
Synopsis:
The section of B Street between Oak Street and Water Street documented as Spring Street was
dedicated during a subdivision creation in 1887 with no regard to the already existent B Street.
The City, County and utility companies recognize Spring Street as B Street and the name change
will only conform the street sign to the records already in effect. There is no objections to the
change as the residents along this section called Spring Street refer to is as B Street.
Recommendation:
The Planning and Public Works Departments have no objections to this street name change and
request Council to approve the attached resolution establishing the section of Spring Street as B
Street.
Background Information:
Spring Street was dedicated to the City of Ashland as part of the Chitwood Subdivision in 1887.
The already existent B Street, which was part of the Railroad Addition,had been dedicated three
years prior to the creation of Spring Street and by present accounts should have been continued
as B Street. Due to an oversight, Spring Street remained the legal name although all the
residences along the street are assigned B Street addresses.
With the addition of the Springhill Subdivision, there is now a request for the creation of Spring
Drive which will become confusing. The name change from Spring Street to B Street will clarify
and conform to the addresses which are already used by the City, County and the utility
companies.
G:Paula\Council\CC Rennaisance Name Change.doc
RESOLUTION NO. 99-
A RESOLUTION CHANGING THE NAME OF SPRING
STREET TO "B" STREET
Recitals:
A. That section of"B" Street between Oak and Water Streets is officially
designated as Spring Street. This portion of "B" Street has never been referred to as
Spring Street and the council determines it is in the best interest of the city to officially
designate Spring Street as "B" Street.
B. The change meets the requirements of§ 13.24.040 which permits the council
to rename a street to eliminate confusion.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Pursuant to Ashland Municipal Code § 13.24.040 the name of Spring
Street, between Water and Oak Streets, is changed to "B" Street.
This resolution was read by title only in accordance with Ashland Municipal Code
§2.04.090 duly PASSED and ADOPTED this day of ' 1999.
Barbara Christensen, City Recorder .
SIGNED and APPROVED this day of ' 1999.
Catherine M. Shaw, Mayor
R iewed as to form:
Paul Nolte, City Attorney
PAGE 1-RESOLUTION (FAUSERNPAUUORD\stre team 'B'reso.wpd)
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Council Communication
Legal and Administration Departments
Moral Obligation Resolution
August 17, 1999
Submitted bAf4ul Nolte r
Approved by Mike Freeman
Title:
A Resolution Expressing the Sense of the Council with Respect to the Moral Obligation of City
Government to Help Ameliorate the Effects of Certain Decisions Taken in the Public Interest.
Synopsis:
This resolution acknowledges the city's moral obligation to recognize the deleterious effects
which may occur from certain actions taken by the city and to seek to mitigate such effects when
they occur. The resolution does not create a legal obligation.
Recommendation:
Staff does not recommend approval of this resolution.
Background Information:
A version of this resolution was first proposed by Councilor Fine at the council's meeting on
August 3, 1999. The resolution as then proposed was specific as to the Blue Mountain Restaurant
and the effect on the restaurant by the city's proposed fire station expansion. Discussion at that
council meeting indicated that some councilors may be more disposed to support the resolution if
it was drafted to apply equally to all those who may be adversely affected by certain city actions.
Councilors Fine and Hanson then met with city staff to draft a resolution of broader application.
FAUSERTAUUORMmoral obligation reso ce.wpd
RESOLUTION NO. 99-
A RESOLUTION EXPRESSING THE SENSE OF
THE COUNCIL WITH RESPECT TO THE MORAL
OBLIGATION OF CITY GOVERNMENT TO HELP
AMELIORATE THE EFFECTS OF CERTAIN
DECISIONS TAKEN IN THE PUBLIC INTEREST.
THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. From time to time, the exercise of lawful powers of the city, while in the
interest of the community as a whole, may have deleterious effects upon specific
individuals. These persons' legal rights to monetary compensation sometimes do not
fully make them whole.
SECTION 2. In such instances, the community, through its municipal government, has
a non-quantifiable, but nonetheless, quite real moral obligation toward individuals so
affected. A moral obligation is defined as extra-legal or "a step beyond what the law
requires," but which does not create any legal obligation.
SECTION 3. It is the policy of the City of Ashland to acknowledge such moral
obligations as and when they arise. The city will seek to treat such affected persons
justly. After meeting its lawful financial obligations toward such persons, the city will
then seek to ameliorate and to mitigate such non-compensable harm as they may
suffer. It is not the intent of the city to assure financial responsibility for any business,
person, or entity.
This resolution was read by title only in accordance with Ashland Municipal Code
§2.04.090 duly PASSED and ADOPTED this day of ' 1999.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of ' 1999.
Catherine M. Shaw, Mayor
Rev' ed as to form:
Paul Nolte, City Attorney
PAGE 1-RESOLUTION(F:%USERtPAUUORD1moreI obligation reso mpd)
Council Communication
Legal Department
Washington Street Annexation
August 17, 1999
Submitted by:Taul Nolte
Approved by: Mike Freeman
Title:
A Resolution of the City of Ashland Annexing a Contiguous Area to the City of Ashland,
Oregon, and Providing for an Effective Date. (Washington Street Annexation by Neuman)
Synopsis:
The council approved this annexation on February 2, 1999, and adopted findings on
March 3, 1999. The annexation is now ready to be completed as the survey was recently finalized
and filed with the city. The required consent to annexation is attached to the resolution.
Recommendation:
Move to adopt the resolution annexing this property.
Background Information:
There are three phases to 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
1999 when the council held a hearing and voted to approve the annexation.
The second phase is before the council in this proceeding. The property is annexed by resolution
of the council, which was delayed pending the finalization of the survey description of the
property to be annexed.
The third phase involves the withdrawal of the annexed area from any special district. For
Ashland, the only special district the city generally withdraws from is Jackson County Fire
District #5. This phase involves a public hearing and council adoption of an ordinance
withdrawing the area from the district.
FAUSERTAUUORMAnne%reso(Neuman-Washington St.)-cc.wpd
RESOLUTION NO. 99-
A RESOLUTION OF THE CITY OF ASHLAND ANNEXING A
CONTIGUOUS AREA TO THE CITY OF ASHLAND, OREGON, AND
PROVIDING FOR AN EFFECTIVE DATE. (WASHINGTON STREET
ANNEXATION BY NEUMAN)
RECITALS:
A. ORS 222.125 permits the city to annex the property described in the attached Exhibit
A without an election and without a public hearing when all of the owners of the
property to be annexed and not less than 50% of the electors, if any, residing on the
property consent in writing to the annexation.
B. All of the owners of this property have consented in writing to the annexation and
.there are no electors residing on the property.
C. The land use application for annexation has been heard and was approved with
findings and the order for annexation adopted by the city council on March 3, 1999.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS: .
SECTION 1. The land described in the attached Exhibit "A" is contiguous to the City of
Ashland and is located in Jackson County, Oregon, and is proclaimed to be annexed to
the City of Ashland as provided in ORS 222.125 and Section 2 of this Resolution.
SECTION 2. Upon the effective date of this resolution, the City Recorder, in
accordance with ORS 222.177, shall transmit to the Secretary of the State of Oregon, a
copy of this resolution, a copy of the Statement of Consent from the owners of the
property annexed and shall submit a copy of this resolution to the County Assessor and
County Surveyor of Jackson County, Oregon.
This resolution was read by title only in accordance with Ashland Municipal Code
§2.04.090 duly PASSED and ADOPTED this day of ' 1999.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of ' 1999.
Catherine M. Shaw, Mayor
Re ed as to for
Paul Nolte, City Att rney (P:erd\annx-neo.re1)
CITY OF ASHLAND
ENGINEERING DIVISION
IRREVOCABLE CONSENT TO ANNEXATION
The undersigned, referred to in this document as "Owner" whether singular or plural, owns or is
the purchaser under a recorded land sale contract of real property in Jackson County, Oregon,
described below and referred to in this document as "the property":
See attached Exhibit "A"
In consideration of the City of Ashland permitting the connection of Owner's building sewer from
the residence on the property to the sewer system of the City of Ashland, Owner declares and
agrees that the property shall be held, sold, and conveyed subject to the following covenants,
conditions, and restrictions which shall constitute covenants running with the land and shall be
binding on all parties, their heirs, successors and assigns, having any right, title, or interest in the
property or any part thereof:
Whenever a proposal to annex the property is initiated by the City of Ashland
or otherwise, Owner shall consent and does consent to the annexation of the
property to the City of Ashland. Owner agrees this consent to annexation is
irrevocable.
Dated this }t>--day of 1999.
Signature:
Owner
State of Oregon )
ss:
County of Jackson )
Personally appeared the above named ^ E' t" d acknowledg the foregoing
instrument to be his voluntary act and deed.
o y Public for Oregon
ommission expires:
(c9engineer\.dm)
[KNOTOFFICIAL SEAL
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OMMISSION NOA042708 I P 5 UE2. _
MOUNTAIN PARK DEVELOPMENT LLC EXHIBIT A
ANNEXATION TO CITY OF ASHLAND
A PARCEL OF LAND TO BE A-NNEXED TO THE CITY OF ASHLAND
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT THAT BEARS S 00003" 23" W, 251 . 77 FEET
FROM THE NE 1/16 CORNER OF SECTION 14, TOWNSHIP 39 SOUTH, RANGE 1
EAST, WILLAMETTE MERIDIAN, IN JACKSON COUNTY, OREGON; SAID POINT OF
BEGINNING LYING ON THE SOUTHERLY RIGHT-OF-WAY OF INTERSTATE 5
HIGHWAY, ALSO BEING THE SOUTHERLY RIGHT-OF-WAY OF WASHINGTON
STREET;
THENCE S 00 0.02 ' 16" W, 1180. 83 FEET FOLLOWING THE i/16 SECTION
LINE TO A POINT LYING ON THE SOUTHERLY RIGHT-OF-WAY OF THE SOUTHERN
PACIFIC RAILROAD, SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY
OF THE EXISTING CITY LIMITS OF THE CITY OF ASHLAND;
THENCE ALONG THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT-
OF-WAY OF THE RAILROAD, -N 42°49148" W, 463. 65 FEET TO THE BEGINNING
OF A 2°06137" SPIRAL CURVE TO THE LEFT, THE LONG CHORD OF WHICH
BEAMS N 43*09131" W, 88 . 35 FEET;
THENCE CONTINUING ALONG SAID CURVE HAVING A CENTRAL ANGLE OF
149 ' 14", A RADIUS OF 2764 . 93 FEET, THE LONG CHORD OF WHICH BEARS
N 44 039135" W, 87 . 85 FEET;
THENCE TTEAVING THE EXISTING CITY LIMITS AND THE SOUTHERLY
RIGHT-OF-WAY OF THE RAILROAD AND RUNNING' N 00'01 ' 08" W, 833. 76
FEET;
THENCE N 89`45 ' 14" E, 377 . 43 FEET TO A POINT ON THE WESTERLY
RIGHT-OF-WAY OF INTERSTATE 5 AND WASHINGTON STREET;
THENCE ALONG SAID RIGHT-OF-WAY, S 26'39 ' 48" E, 135. 96 FEET TO
THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 10. 63 ACRES.
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Council Communication
Legal Department
Setting Public Hearing for Annexation
August 17, 1999
Submitted by:kP—aul Nolte
Approved by: Mike Freeman !A4
Title:
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 (Washington Street Annexation by Neuman).
Synopsis:
The council approved this annexation on February 2, 1999, and adopted findings on
March 3, 1999. The resolution annexing the property is scheduled for the council meeting on
August 17, 1999. 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.
Recommendation:
Move to adopt the resolution setting the public hearing.
Background Information:
This is the third phase of a three-phase process 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 1999 when the council held a hearing and voted to approve the
annexation.
The second phase is before the council at the August 17, 1999 meeting and consists of the actual
annexation of the property by resolution of the council.
The third phase involves the withdrawal of the annexed area from any special district. For
Ashland, the only special district the city generally withdraws from is Jackson County Fire
District#5. This phase involves a public hearing and council adoption of an ordinance
withdrawing the area from the district.
FdUSERIPAUUORDAnnex reso setting public hearing(Neuman-Washington St.)cc.wpd
RESOLUTION NO. 99-
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
(WASHINGTON STREET ANNEXATION BY NEUMAN)
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The City of Ashland finds that the owner of the property described in the
attached Exhibit "A" has consented to the annexation of this property to the City of
Ashland. The Council further finds that no electors reside in the tract to be annexed.
SECTION 2. Pursuant to ORS 222.524 a public hearing shall be held on September 7,
1999, at 7 p.m., in the Council Chambers, Civic Center, 1175 East Main Street,
Ashland, Oregon, on the question of withdrawal of this property from Jackson County
Fire District No. 5. All persons may appear before the Ashland City Council and be
heard on the question.
SECTION 3. The city recorder is directed to give notice of the hearing as required by
ORS 222.524(2).
This resolution was read by title only in accordance with Ashland Municipal Code
§ 2.04.090 duly PASSED and ADOPTED this day of ' 1999.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of ' 1999.
Catherine M. Shaw, Mayor
Re i wed as to for
Paul Nolte, City Attorney
1- Resolution FAUSER\PAUL\ORD\Annex reso setting ph(Neuman-Washington St.).wpd
CITY OF ASHLAND
ENGINEERING DIVISION
IRREVOCABLE CONSENT TO ANNEXATION
The undersigned, referred to in this document as "Owner".whether singular or plural, owns or is
the purchaser under a recorded land sale contract of real property in Jackson County, Oregon,
described below and referred to in this document as "the property":
See attached Exhibit "A"
In consideration of the City of Ashland permitting the connection of Owner's building sewer from
the residence on the property to the sewer system of the City of Ashland, Owner declares and
agrees that the property shall be held, sold, and conveyed subject to the following covenants,
conditions, and restrictions which shall constitute covenants running with the land and shall be
binding on all parties, their heirs, successors and assigns, having any right, title, or interest in the
property or any part thereof-
Whenever a proposal to annex the property is initiated by the City of Ashland
or otherwise, Owner shall consent and does consent to the annexation of the
property to the City of Ashland. Owner agrees this consent to annexation is
irrevocable.
Dated this.}D—day of 1999.
Signature:
Owner
State of Oregon )
ss:
County of Jackson )
Personally appeared the above named d acknowledg the foregoing
instrument to be his voluntary act and deed.
o y Public for Oregon
ommission expires:
(c9engineed.dm)
K FFICAL SEAL ANNE AUSTAD
PUBLIC OREGON SION NOAOd27UB P S UN
MOUNTAIN PARK DEVELOPMENT LLC EXHIBIT A
ANNEXATION TO CITY OF ASHLAND
A PARCEL OF -LAND TO BE ANNEXED TO THE CITY OF P.SH .ARID
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT THAT BEARS S OC°03" 23" W, 251 . 77 FEET
FROM THE NE 1/16 CORNER OF SECTION 14, TOWNSHIP 39 SOUTH., RANGE 1
EAST, WILLAMETTE MERIDIAN, IN JACKSON COUNTY, OREGON; SAID POINT OF
BEGINNING LYING ON THE SOUTHERLY RIGHT-OF-WAY OF INTERSTATE 5
HIGHWAY, ALSO BEING THE SOUTHERLY RIGHT-OF-WAY OF WASHINGTON
STREET;
THENCE S 00°02 ' 16" W, 1180. 83 FEET FOLLOWING THE 1/16 SECTION
LINE TO A POINT LYING ON THE SOUTHERLY RIGHT-OF-WAY OF THE SOUTHERN
PACIFIC RAILROAD, SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY
OF THE EXISTING CITY LIMITS OF THE CITY OF ASHLAND;
THENCE ALONG THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT-
OF-WAY OF THE RAILROAD, N 42°49'48" W, 463. 65 FEET TO THE BEGINNING
OF A 2006137" SPIRAL CURVE TO THE LEFT, THE LONG CHORD OF WHICH
BEARS N 43'09131" W, 88 . 35 FEET;
THENCE CONTINUING ALONG SAID CURVE HAVING A CENTRAL ANGLE OF
1449 ' 14", A RADIUS OF 2764 . 93 FEET, THE LONG CHORD OF WHICH BEARS
N 44 039 ' 35" W, 87 . 85 FEET;
THENCE LEAVING THE EXISTING CITY LIMITS AND THE SOUTHERLY
RIGHT-OF-WAY OF THE RAILROAD AND RUNNING N 00'01 ' 08" W, 833. 76
FEET;
THENCE N 89'45 ' 14" E, 377 . 43 FEET TO A POINT ON THE WESTERLY
RIGHT-OF-WAY OF INTERSTATE 5 AND WASHINGTON STREET;
THENCE ALONG SAID RIGHT-OF-WAY, S 26'39 ' 48" E, 135. 96 FEET TO
THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 10. 63 ACRES .
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SHEET i
it hristensen - Re: AFN Loan Page 1
From: Jill Turner
To: "Jillt"@Ashland.GWIA, "LyrSoOre @aol.com"@Ashland....
Date: 8/16/99 5:37PM
Subject: Re: AFN Loan
1) The security for the loan is the"net operating revenue" of the Electric Fund and the Ashland Fiber
Network. The draft of the loan agreement AFN financing does not mention wether the franchise fee is
considered an operating expense. Based on my previous experience I think that the franchise will be
excluded form operating expenses. This is one of a few unresolved issues at this time. I have calculated
the Electric Fund coverage ratios under both scenarios and it looks good either way.
2) The current Business Plan was update by staff in June and reviewed by RW Beck, the same expert
who prepared the initial business plan and computer model. If you borrow more dollars there is greater
risk, but I think that we have a sound realistic business plan.
3) 1 will try to follow up tomorrow with a spread sheet or summary of the major changes in Income and
Expenses assumptions comparing The June of 98 business plan with the June of 1999 plan.. Thanks for
E mailing these question prior to the meeting. Jill
Jill Turner
Director of Finance
City of Ashland
(541) 552-2003
(541)488-5311 Fax
Jill @ashland.or.us
Visit our web sit at www.ashland.or.us
>>> <LyrSoOre @aol.com> 08/16/99 02:50PM >>>
Jill,
I have questions for you concerning the AFN loan agenda item for tomorrow
evening's Council meeting:
(1) When the security for the loan is described to include a pledge of
..net operating revenues"of the electric utility, does that term "net
operating revenues" mean income before or after deduction of the City
Franchis Fee (the sum estimated as$825,000 on page 135 of this year's
Budget)?
(2) This proposed loan is for$5.8 million. By contrast, at p. 139 of
the current year's budget a borrowing requirement of$4.88 million was
forecast. This means that expenses are up by 18.9%. 1 understand the
Electric Department has said that it now forecasts a greater useage than was
forecast in the initial business plan, which will offset this expenditure
increase. However the initial useage forecast was arrived at on outside
expert advice and having regard, in a very conservative manner, to other
cities' experiences with fiber networks. In YOUR own expert professional
opinion, based on your academic training and experience in the field of
public finance, has the AFN become any riskier an investment due to this
18.9% greater borrowing requirement?
(3) On what basis was the estimate of useage (and, hence, revenues)
revised upward?
Thanks,
David
Please reply to oregonlaw(Dbigfoot.com and not to this e-mail address.
(This is just a temporary e-mail address as gave up my former ISP account in
Council Communication
Finance Department
Resolution Authorizing a Loan Agreement for
Ashland Fiber Network
August 17, 1999
Submitted by: Jill Turner
Approved by: Paul Nolle \
Approved by: Mike Freeman'Y�"
Title:
A Resolution of the City Council of the City of Ashland, Jackson County, Oregon authorizing a
loan agreement.
Synopsis:
This resolution authorizes the Director of Finance to negotiate and execute a loan with US
National Bank of $5,800,000 for the Ashland Fiber Network.
Recommendation:
Staff recommends approval of the attached resolution. The loan amount and terms are consistent
with the adopted business plan.
Background Information:
The City of Ashland,with the help of Regional Financial Advisors, prepared an RFP for a loan
of$5,800,000 for AFN. We received three bids, and US Bank responded with the lowest interest
rate of 5.14 percent. This loan will be held by the bank in its portfolio and not resold as bonds to
the general public. The conditions of the loan are as follows:
Terms: The semiannual interest payments of 5.14 percent begin February 1, 2000. Principal is
due annually starting in August 2001, and it increases from $100,000 in 2001 to $790,000 in
August 2010. This repayment schedule meets the cash flow projected in the Ashland Fiber
Network Business Plan.
Rates: The rate is 5.14 percent for all years.
Security: The security is revenues from the Ashland Fiber Network and a pledge of the net
operating revenue of the Electric Fund of the City.
Covenants: City agrees to preserve tax exempt status.
NAEIectric\FIBER\Reso Financing.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ASHLAND, JACKSON COUNTY, OREGON, AUTHORIZING
A LOAN AGREEMENT.
BE IT RESOLVED by the City Council of the City of Ashland that
1. Findings
The City Council finds as follows:
1.1. The City is building the Ashland Fiber Network (the "AFN"), which is a high-speed hybrid
fiber optictcoaxial data network.
1.2. The City is authorized by ORS 271.390 to enter into financing agreements in order to
finance the cost of any real or personal property that the City determines is needed.
1.3. The AFN will offer high-speed internet, high-speed data services, and cable TV to
schools, business and citizens who subscribe to the services; the AFN is therefore needed by
the City and its citizens.
1.4. It appears that the cost of the financing to the City and its taxpayers may be minimized if
the City enters into a financing agreement with a commercial bank, because commercial banks
are currently offering favorable interest rates, and a financing with a bank avoids the expense of
preparing an official statement and hiring a paying agent.
2. Loan Agreement Authorized
The City is hereby authorized to enter into a loan agreement in a principal amount of not more
than $5,800,000 (the "Loan"). Loan proceeds shall be used to finance the AFN and related
expenses and pay costs of entering into the Loan. The Director of Finance, the City
Administrator or the designee of the Director of Finance or the City Administrator (any one of
which is described as the "City Official'), on behalf of the City and without further action by the
City Council, may:
2.1. negotiate and execute the Loan with U.S. Bank National Association or its affiliates in
accordance with this resolution;
2.2. establish the interest rate or rates, maturity schedule, rights of redemption and other
terms of the Loan, including the conditions for additional borrowings, within the limitations of this
resolution; and
2.3. execute any documents, including a note evidencing payments due under the Loan, and
take any other action which is desirable to carry out this resolution.
3. Security
The City Official may pledge the net operating revenues of the AFN system and the net
operating revenues of its electric system to pay the amounts due under the Loan. The Loan
shall not be a borrowing upon the credit of the city which is subject to the limitations of Sections
5 o5 6 of Article IX of the City Charter.
PAGE 1-RESOLUTION RE:LOAN AUTHORIZATION N:\Electric\FIBER\Reso Financing.doc
4. Maintenance of Tax-Exempt Status.
4.1. The City covenants for the benefit of the holder of the Loan to comply with all provisions
of the Internal Revenue Code of 1986, as amended (the "Code") which are required for Loan
interest to be excluded from gross income for federal income tax purposes. The City makes the
following specific covenants with respect to the Code:
(a) The City shall not take any action or omit any action, if it would cause the Loan
to become an "arbitrage bond" under Section 148 of the Code.
(b) The City shall operate the AFN and related improvements financed with the Loan
so that the Loan is not a "private activity bond"within the meaning of Section 141 of the Code.
4.2. The covenants contained in this Section and any covenants in the closing documents for
the Loan shall constitute contracts with the holder of the Loan, and shall be enforceable by the
holder of the Loan.
5. Bank Designation
The City hereby designates the Loan as a "qualified tax-exempt obligation" pursuant to Section
265(b)(3) of the Code. The City has no subordinate entities. The City does not reasonably
expect to issue more than $10,000,000 of tax-exempt obligations during the current calendar
year.
6. Amendment of Resolution.
After the Loan is executed, the City may amend this resolution only with the consent of the
holder of the Loan.
This resolution was by title only in accordance with Ashland Municipal Code
§2.04.090 and was duly PASSED and ADOPTED this 17'" day of August, 1999.
Barbara Christensen, City Recorder
SIGNED and APPROVED this_day of August, 1999.
Catherine M. Shaw, Mayor
Reviewed as to form:
Paul N Ite, City Attorney
PAGE 2-RESOLUTION RE:LOAN AUTHORIZATION N:\Electric\FIBER\Reso Financing.doc
Memorandum
To: Honorable Mayor and City Council Members
From: David Fine
Date: 8/12/99
Re: Discussion of Proposed Modifications to the Permit Requirements for
Tour Buses, or Special Vehicles
was app roached by the owner of the carriage ride business regarding the placement
of minimal signage in the plaza area indicating when the carriage rides begin and
end Iii discussing with staff, I have come up with a possible code amendment to
allow for the sign. I would like to discuss this proposal further with the council.
�1?fit Nx q
L !t
SECTION 6.28.035 Permit Required for Tour Bus or Special Vehicle.
No person shall operate any tour bus or special vehicle on any public street in the City of Ashland
without possessing, in addition to any license required by any other law, a valid permit authorizing
the proposed operation. A permit shall be valid for a period of one year and may be renewed
annually by the Commission.
A. Authority to Issue Permits.
1. The Commission shall have the authority to review and approve or deny
requests for tour buses and special vehicle permits. The Commission may attach special conditions
to any permit and shall have the authority to waive any of the criteria specified in Section 6.28.035
for one-time only special vehicle permits for special events.
2. The Director shall have the authority to issue a special vehicle permit for
non-motorized vehicles:
a. When such vehicles will be used for weddings or similar events where
the passengers are not returned to the point of origin;
b. When the route does riot require extensive travel along North or East
Main streets, Siskiyou Boulevard, Highway 66 (Ashland Street) or Hersey Street; and
C. If the route crosses any street noted in the above subsection, such
crossing will not cause substantial conflict with traffic on those streets.
B. Application Required. Any person requesting a permit for a tour bus or special
vehicle shall complete the application available at the office of the City Administrator. The
application shall contain the following information:
1. The name, address and telephone number of the applicant.
2. A description of the vehicle, including seating capacity, colors, murals or
thematic devices.
3. The proposed days of the week and hours of operation,and the beginning and
ending dates during which the service will be offered.
4. The proposed passenger pick-up.and delivery point.
5. A description of where patrons may park their private vehicles(applicable to
tour bus only).
6. The rates proposed to be charged to patrons using the service.
7. The proposed route over which the vehicle will operate.
8. The speed the vehicle will travel.
C. Criteria for approval. The proposed operation shall
1. Have a clearly defined route that will not create traffic congestion or adversely
affect the character or privacy of a residential area.
2. Have proposed pick-up and delivery locations that will not create, or
materially contribute to, a parking problem.
3. Have a vehicle speed that will not create traffic congestion or safetyproblems.
4. Utilize streets of sufficient width,including vision clearance at intersections,
so that it will not materially contribute to traffic and pedestrian safety problems.
5. Have a fixed route with passengers picked up only at a specified single point
of origin and, except for Lithia Park, passengers shall be returned to that same point.
D. Operations Prohibited. Pennittees in the operations described in this section shall not: .
1. Respond to specific or individual calls for transportation from one point to
another in the manner of taxicabs or otherwise perform the services of taxicabs as defined in Section
6.28.020, or
2. Attempt to promote patronage through garish display of colors,sounds,murals
or other thematic devices located on the vehicle.
E. Signs. (1 ) Any sign which the owner posts on a special vehicle itself shall not
exceed six square feet in area on any one side of the vehicle. For purposes
of this subsection, sign means any insignia, identification, description,
illustration, symbol, logo, decal or printed or graphic information.
(2) Upon completion and submission of such application as the City Engineer
may require and upon prepayment to the City of a fee of $50 the City
Engineer shall issue to the operator of any special vehicle a Special Vehicle
Stop Sign Permit,and a Special Vehicle Stop Sign. The Sign shall be affixed
by the operator to such post, light pole, or other location as may be specified
in the Permit only during hours when the Special Vehicle actually is in
operation. The sign shall be in such standardized format as the City Engineer
my specify; it shall be of approximately the same size as a standard city
parking-hours sign;and it shall be designed so as to general lyresemble some
type of sign sanctioned in the most current edition of the A-fanual of Uniform
Traffic Control Devices . The sign shall say "Horse Drawn
Carriage/Pedicab/M otori zed Street Car/{Description of Other Special
Vehicle} (as the case may be) Boards Here". The sign shall remain the
property of the City and it shall be returned to the City Engineer upon
expiration ofthe operator's Permit issued pursuant to AMC §6.28.035(A).
F. Sound Amplification. No form of sound amplification intended to be heard outside
of the special vehicle or tour bus shall be permitted.
G. Liability Insurance Required. Prior to the issuance of a permit, the applicant shall
furnish to the City a certificate of liability insurance coverage providing limits of at least $500,000
per occurrence in combined single limit for bodily injury and property damage claims or$500,000
per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability
coverage shall be provided on an "occurrence"not"claims"basis. The certificate shall provide that
the insurance is not cancelable without 30 days prior written notice to the City. The City of Ashland,
its officers, employees, and agents shall be named as additional insureds.
H. Permit Fee. Permit fees shall be set by resolution of the City Council. If the permit
is granted, a regular annual business license fee shall be obtained by the permittee prior to operation
of the tour bus or special vehicle. No portion of the business license fee shall be refundable in the
event the operation is discontinued for any reason. (Ord. 2735, 1994)
I. Revocation. Upon any violation of this subsection, a permit may be revoked by the
Director of Public Works upon five days written notice,or if the service is discontinued for a period
of five days without prior written notification to the Commission.
1. At any time within the five-day notice period, a hearing before the
Commission to challenge the revocation may be requested by the permittee.
2. The commission may revoke the permit or allow the permittee up to five days
from the date of its decision to comply with the provisions specified in the decision. If the permittee
fails to comply with the provisions in the decision, the permit shall be revoked as of the last date
given by the commission.
J. Violation. Each operation of a tour bus or special vehicle in violation of this section
is a separate violation,whether the prohibited operations occur within the same day or different days
or relate to the same of different tour bus or special vehicle. A violation of any provision of this
chapter is an infraction and shall be punished as set forth in section 1.08.020 of the Municipal Code.
(Ord. 2681, 1992)
SECTION 6.28.035 Permit Required for Tour Bus or Special Vehicle.
No person shall operate any tour bus or special vehicle on any public street in the City of Ashland without possessing,
in addition to any license required by any other law,a valid permit authorizing the proposed operation. A permit shall
be valid for a period of one year and may be renewed annually by the Commission.
A. Authority to Issue Permits.
1. The Commission shall have the authority to review and approve or deny requests for tour
buses and special vehicle permits. The Commission may attach special conditions to any permit and shall have the
authority to waive any of the criteria specified in Section 6.28.035 for one-time only special vehicle permits for special
events.
2. The Director shall have the authority to issue a special vehicle permit for non-motorized
vehicles:
a. When such vehicles will be used for weddings or similar events where the
passengers are not returned to the point of origin;
b. When the route does not require extensive travel along North or East Main streets,
Siskiyou Boulevard,Highway 66(Ashland Street)or Hersey Street;and
C. If the route crosses any street noted in the above subsection,such crossing will not
cause substantial conflict with traffic on those streets.
B. Application Required. Any person requesting a permit for a tour bus or special vehicle shall complete
the application available at the office of the City Administrator. The application shall contain the following information:
I. The name, address and telephone number of the applicant.
2. A description of the vehicle,including seating capacity,colors,murals or thematic devices.
3. The proposed days of the week and hours of operation,and the beginning and ending dates
during which the service will be offered.
4. The proposed passenger pick-up and delivery point.
5. A description of where patrons may park their private vehicles(applicable to tour bus only).
6. The rates proposed to be charged to patrons using the service.
7. The proposed route over which the vehicle will operate.
8. The speed the vehicle will travel.
C. Criteria for approval. The proposed operation shall
1. Have a clearly defined route that will not create traffic congestion or adversely affect the
character or privacy of a residential area.
2. Have proposed pick-up and delivery locations that will not create,or materially contribute
to, a parking problem.
3. Have a vehicle speed that will not create traffic congestion or safety problems.
4. Utilize streets of sufficient width,including vision clearance at intersections,so that it will
not materially contribute to traffic and pedestrian safety problems.
5. Have a fixed route with passengers picked up only at a specified single point of origin and,
except for Lithia Park,passengers shall be returned to that same point.
D. Operations Prohibited. Permittees in the operations described in this section shall not:
1. Respond to specific or individual calls for transportation from one point to another in the
manner of taxicabs or otherwise perform the services of taxicabs as defined in Section 6.28.020,or
2. Attempt to promote patronage through garish display of colors, sounds, murals or other
thematic devices located on the vehicle.
E. Signs. 0)_ Any sign which the owner osts on a s ecial vehicle itselfshall not
exceed six square feet in area on any one side of the vehicle. For
purposes of this subsection, sign means any insignia, identification,
description, illustration, symbol, logo, decal or printed or graphic
information.
17 Aug 99: Proposed Ordinance Amendment, Special Vehicle Loading Zone Signs Page 1
U_hon, com letion and submission of such a lication as the City
En inee:r ma rec uire and tt on re a ment to the Cit of a fcc of S50
the Cit , En inecr shall issue to the o orator of an s ecial vehicle a
S ecial Vehicle Boarding Zone Sign Penni_•,•t and a Special Vehicle
Boardin Zone Si . The Si n shall be affixed U the o orator to such
ost li ht ole or other location as ma be s ecified in the Permit and
onl during= hours when the S ecial Vehicle actual] is in o oration.
The si n shall be in such standardized format as the Ci f Ltiigt neerxLi,,2y.
s ccif it shall be of approxim atel the same sire as a star•_ ___ idard cif
arkin -hours si >n• and it shall be desi nod so as to enerall resemble
some t e of si rn sanctioned in the most current edition of the Manual
g�'m of in Tra lc Coeltrol Devices . 'f he si n shall ,,a I- orse Drawn
C�edicab! as the case ma be Boards Here". The si n shall
remain the ro ert of the City and it shall be returned to the Cit
En sneer u on cx iration of the o orator's Permit issued ursuant to
AMC 'O.28.035 A . The sign shall be deemed for u oses of AMC
18.96.030 to be an informational sin laced b the Cit of Ashland
in the public right-of-way.
F. Sound Amplification. No form of sound amplification intended to be heard outside of the special
vehicle or tour bus shall be permitted.
G. Liability Insurance Required. Prior to the issuance of a permit,the applicant shall furnish to the City
a certificate of liability insurance coverage providing limits of at least $500,000 per occurrence in combined single limit
for bodily injury and property damage claims or$500,000 per occurrence for bodily injury and$100,000 per occurrence
for property damage. Liability coverage shall be provided on an'occurrence"not"claims"basis. The certificate shall
provide that the insurance is not cancelable without 30 days prior written notice to the City. The City of Ashland, its
officers, employees,and agents shall be named as additional insureds.
H. Permit Fee. Permit fees shall be set by resolution of the City Council. If the permit is granted, a
regular annual business license fee shall be obtained by the permittee priorto operation of the tourbus or special vehicle.
No portion of the business license fee shall be refundable in the event the operation is discontinued for any reason.(Ord.
2735, 1994)
I. Revocation. Upon any violation of this subsection,a permit may be revoked by the Director of Public
Works upon five days written notice, or if the service is discontinued for a period of five days without prior written
notification to the Commission.
1. At any time within the five-day notice period,a hearing before the Commission to challenge
the revocation may be requested by the permittee.
2. The commission may revoke the permit or allow the permittee up to five days from the date
of its decision to comply with the provisions specified in the decision. If the permittee fails to comply with the
provisions in the decision,the permit shall be revoked as of the last date given by the commission.
J. Violation. Each operation of a tour bus or special vehicle in violation of this section is a separate
violation,whether the prohibited operations occur within the same day or different days orrelate to the same of different
tour bus or special vehicle. A violation of any provision of this chapter is an infraction and shall be punished as set forth
in section 1.08.020 of the Municipal Code. (Ord.2681, 1992)
17 Aug 99: Proposed Ordinance Amendment, Special Vehicle Loading Zone Signs Page 2
CITY OF ASHLAND
TIPS FOR CONDUCTING
EFFECTIVE MEETINGS
IN PREPARATION FOR STRATEGIC
PLANNING PROCESS FOR 2000 - 2001
CONDUCTING EFFECTIVE
MEETINGS
BACKGROUND INFORMATION
The City Council and Administration staff will be hosting community meetings in September
and October to solicit information from the community to be used for the upcoming strategic
planning process. It will be important for the City Council and staff present at these meetings to
remember that the City can be intimidating to some people and to be sensitive to the role that we
play at the meetings.
Following is a summary of information from various sources regarding how to conduct effective
meetings. This information may help you get prepared for the public meetings this fall.
PREPARATION
Invite and try to ensure a broad cross section of people will be in attendance.
Reach out to groups not normally involved in local government decision-making.
Identify goals and desired outcomes for the meeting.
Elected officials and staff should play the role of participant observer/listener.
SITE AND SETTING
Hold meeting in an informal setting as opposed to Council Chambers,etc.
Remove tables,dias or podium that separate facilitator/meeting leader from participants.
Arrange room to encourage participation.
FACILITATOR/MEETING LEADER
Ensure skilled facilitator runs the meeting.
If a City official is to facilitate or run the meeting, ensure that person is trained to be able to meet
the demands of the meeting.
Consider the use of community volunteers as neutral convenors.
Role of the facilitator:
✓ L.isten—don't lead the conversation or offer opinions
2
✓ Keep the conversation going
✓ Help keep the group on track
✓ Assure everyone is participating
✓ Remind people to listen
✓ Encourage people to respect different perspectives and views
✓ Correct misinformation
✓ Watch time
GROUND RULES FOR PARTICIPANTS
✓ Say what you think.
✓ Listen carefully and respectfully to the opinions of others.
✓ Keep your remarks brief so that everyone has ample opportunity to participate.
QUESTIONS ENCOURAGING DELIBERATION
✓ What do you think people care about in relation to this issue?
✓ ��hat would an ideal solution enable people to do?
✓ How would you define the public interest for this problem?
✓ What are some things we have in common?
✓ What else could we do?
✓ What would happen if we chose that path?
• What do other groups in the community need or desire?
• Can you make a good case for the choice/solution you like least?
• What are the downsides to the choice/solution you like best?
MEETING TIPS
City officials should greet people at the door and welcome them personally for coming.
Focus on listening/not reacting.
3
t
Use open-ended questions to solicit people's values,hopes,dreams,and concerns.
• What do we feel especially good about?
• What do we feel not so good about?
• What is the City not doing or doing poorly?
• What should the City's priorities be in the next year?
• Assuming the City adequately addresses these priorities, what outcomes should be
expected?
Minimize technical presentations from staff.
Ask over and over how people themselves will help solve the issues that are brought up.
Document participant ideas.
FOLLOW-UP
Report back to participants in a timely fashion.
Use in real and visible ways the input gathered at meetings.
Info matioi"m mod E Afarke( Yomr 8 dp P l k lknest
4
1-= 4-= NE-= w000 W0M4=- S
P.O. QOX 515
/S,8"L,N.N0, OR[-=C SON 97520
LIC1=- NSF # 17952
August 5, 1999
City of Ashland Historical Commission
City of Ashland
Ashland, Oregon 97520
Dear Commission,
I would like to thank you for the careful consideration you gave to our project on
Van Ness Street, as well as your sensitivity to the neighborhood. I have to say,
however, that I was very disturbed by the vote.
I am currently a Jackson County Commissioner, with seven years on the
Ashland Planning Commission, two years on C-PAC and four years on the LC-
DC Goal 1 Citizen involvement committee. I understand how important it is that
the neighbors and concerned citizens are listened to and that their views are
considered and held to be valuable to the decision making process. Throughout
a hearing, we as decision makers, must be constantly mindful that we are here
to interpret and enforce the ordinances that we are bound by. It is our job to
gleen from the testimony and the applications presented to us, how the facts
relate to these ordinances.
Emotions are a part of the planning process but are almost never based in the
statutes. Our application, by your own discussion, met all the legal aspects of
the ordinances that governed it. The emotional issues of density and alley
parking have no basis in law. We are within the zoned density and are required
by ordinance to use the alley for parking (see Ashland Street Standard
Handbook, section VI-5).
Certainly the commissions concern that the R-3 Zoning could contribute to a
shift in the historic character of this neighborhood is valid, but there is a time and
a place for addressing that issue. The place is with the City Council, not in a
hearing for an application that meets all current zoning laws. The Council is the
body that can initiate the kinds of changes you expressed in your protest votes.
We, as commissioners, serve at the pleasure of the elected officials. We carry
out policy, we do not make it. By voting against our proposal, as a protest of the
ordinances that we as applicants are bound by, you put us in the middle of a
fight, that is not our responsibility and over which, we have no control. The
planning process cannot work if applicants have no assurance of having a
project approved, even when it meets all criteria of current law. This is like
working blind, with no strong leadership, leaving us all unsure of what we can do
with our land.
I hope in the future, you will not take your personal protest of current law to a
hearing, but will instead, present your protests through a more appropriate
avenue....study sessions and proposals to change the law.cerelly'
k
'vvb�, A -
Don L. Greene
Greenewood Homes
cc: Ashland City Council
Mark Knox Ashland Planning Department
MEMORANDUM
To : Distribution List
From: David Fine
Date : 06 August 1999, 1401-L
Subj . : Carriaae Stop Sian
Cameron Hanson, Mike Freeman, Paul Nolte and I briefly
discussed an ordinance change to accommodate Mr . Bill Devon
of Devon Carriage Rides . I undertook to do a first draft of
a new provision in AMC§6 . 28 . 035E .
I' d appreciate input from all concerned, both as to
broad policy implications of this potential amendment and
also as to any possible administrative problems . Please
read the attached as a first draft only, and amend
ruthlessly.
Thanks ! X�x� /J
Distribution List :
Council Colleagues
Traffic Safety Commission (via Dawn Curtis )
Mike Freeman
Jim Olson
Paul Nolte
Barbara Christensen
SECTION 6.28.035 Permit Required for Tour Bus or Special Vehicle.
No person shall operate any tour bus or special vehicle on any public street in the City of Ashland
without possessing, in addition to any license required by any other law,a valid permit authorizing
the proposed operation. A permit shall be valid for a period of one year and may be renewed
annually by the Commission.
A. Authority to Issue Permits.
1. The Commission shall have the authority to review and approve or deny
requests for tour buses and special vehicle permits. The Commission may attach special conditions
to any permit and shall have the authority to waive any of the criteria specified in Section 6.28.035
for one-time only special vehicle permits for special events.
2. The Director shall have the authority to issue a special vehicle permit for
non-motorized vehicles:
a. When such vehicles will be used forweddings or similar events where
the passengers are not returned to the point of origin;
b. When the route does not require extensive travel along North or East
Main streets, Siskiyou Boulevard, Highway 66 (Ashland Street) or Hersey Street; and
C. If the route crosses any street noted in the above subsection, such
crossing will not cause substantial conflict with traffic on those streets.
B. Application Required. Any person requesting a permit for a tour bus or special
vehicle shall complete the application available at the office of the City Administrator. The
application shall contain the following information:
1. The name, address and telephone number of the applicant.
2. A description of the vehicle, including seating capacity, colors, murals or
thematic devices.
3. The proposed days of the week and hours of operation,and the beginning and
ending dates during which the service will be offered.
4. The proposed passenger pick-up and delivery point.
5. A description of where patrons may park their private vehicles(applicable to
tour bus only).
6. The rates proposed to be charged to patrons using the service.
7. The proposed route over which the vehicle will operate.
8. The speed the vehicle will travel.
C. Criteria for approval. The proposed operation shall
1. Have a clearly defined route that will not create traffic congestion or adversely
affect the character or privacy of a residential area.
2. Have proposed pick-up and delivery locations that will not create, or
materially contribute to, a parking problem.
3. Have a vehicle speed that will not create traffic congestion or safety problems.
4. Utilize streets of sufficient width,including vision clearance at intersections,
so that it will not materially contribute to traffic and pedestrian safety problems.
5. Have a fixed route with passengers picked up only at a specified single point
of origin and, except for Lithia Park, passengers shall be returned to that same point.
D. Operations Prohibited. Permittees in the operations described in this section shall not:
1. Respond to specific or individual calls for transportation from one point to
another in the manner of taxicabs or otherwise perform the services of taxicabs as defined in Section
6.28.020, or
2. Attempt to promote patronage through garish display of colors, sounds,
murals or other thematic devices located on the vehicle.
E. Signs. Ll)_ Any sign which the owner osts on a s ecia] vehicle itself shall not
exceed six square feet in area on any one side of the vehicle. For purposes
of this subsection, sign means any insignia, identification, description,
illustration, symbol, logo, decal or printed or graphic information.
U on com letion and submission of such a lication as the Cit En=ineer
ma re uire and u on re a neat to the Cit of a fee of $50 the Cit
En ineer shall issue to the o erator of an s ecial vehicle a S ecial Vehicle
Stoy Si =n Permit and a S ecial Vehicle Sto Simon of not more than one
s uaze foot in size. The Si=n shall be affixed h the o erator to such ost,
li ht ole or other location as ma be s ecified in the Permit ouly Burin
hours when the S ecial Vehicle achiall is in o oration. The si n shall be in
such standardized format as the City_ Engineer my s ecif and generally
resembling a si n sanctioned in the most cw•rent edition of the Manual o
Uni orm Tra is Control Devices The sin shall say "Horse Drawn
Cairia =e/Pedicab/Motorized Street Car/ Descri tion of Other S ecial
Vehicle} as the case nay be Boards Here". The sign shall remain the
rro ert of the Cit and it shall be returned to the Cit Em=ineer upon
ex iration of the o erator's Pennit issued ursuant to AMC •6.28.035 A .
F. Sound Amplification. No form of sound amplification intended to be heard outside
of the special vehicle or tour bus shall be permitted.
G. Liability Insurance Required. Prior to the issuance of a permit, the applicant shall
furnish to the City a certificate of liability insurance coverage providing limits of at least $500,000
per occurrence in combined single limit for bodily injury and property damage claims or$500,000
per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability
coverage shall be provided on an"occurrence"not"claims"basis. The certificate shall provide that
the insurance is not cancelable without 30 days prior written notice to the City. The City of Ashland,
its officers, employees, and agents shall be named as additional insureds.
H. Permit Fee. Permit fees shall be set by resolution of the City Council. If the permit
is granted,a regular annual business license fee shall be obtained by the permittee prior to operation
of the tour bus or special vehicle. No portion of the business license fee shall be refundable in the
event the operation is discontinued for any reason. (Ord. 2735, 1994)
I. Revocation. Upon any violation of this subsection, a permit may be revoked by the
Director of Public Works upon five days written notice,or if the service is discontinued for a period
of five days without prior written notification to the Commission.
1. At any time within the five-day notice period, a hearing before the
Commission to challenge the revocation may be requested by the permittee.
2. The commission may revoke the permit or allow the permittee up to five days
from the date of its decision to comply with the provisions specified in the decision. If the permittee
fails to comply with the provisions in the decision, the permit shall be revoked as of the last date
given by the commission.
J. Violation. Each operation of a tour bus or special vehicle in violation of this section
is a separate violation,whether the prohibited operations occur within the same day or different days
or relate to the same of different tour bus or special vehicle. A violation of any provision of this
chapter is an infraction and shall be punished as set forth in section 1.08.020 of the Municipal Code.
(Ord. 2681, 1992)
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We, the residents and property owners of Mountain Meadows, which is within the
corporate boundaries of the city of Ashland, do petition the city of Ashland author' 'es to
abandon the planned spraying of effluent on the hillside east of Interstate 5. We
state that there are two other permanent solutions which do not carry any risk factors
whatsoever - one to process the effluent to Level 4 to permit direct discharge, the other 6�
to hook up to the treatment plant in Medford. l�
Mountain Meadows is zoned by the city of Ashland as a"Health Care" zone and even a
minimal risk to our health as estimated in several reports, is unacceptable. It is a known
fact that our immune systems have diminished. Therefore, we the undersigned,
respectfully request that the spraying of effluent on the hillside be abandoned and one of
the two risk-free solutions be activated.
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We, the residents and property owners of Mountain Meadows, which is within tl1
corporate boundaries of the City of Ashland, do petition the City of Ashland
authorities to abandon the planned spraying of efflluent on the hillside east of 9G
Interstate 5. We fiuther state that there are two other permanent solutions which do 6P
not carry any risk factors whatsoever - one to processs the effluent to Level 4 to e
permit direct discharge, the other to hook up to the treatment plant in Medford.
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Mountain Meadows is zoned by the City of Ashland as a "Health Care" zone and `9
even a minimal risk to our health as estimated in several reports, is unacceptable. It
is a known fact that our immune systems have diminished. Therefore, we the
undersigned, respectfully request that the spraying of effluent on the hillside be
abandoned and one of the two risk-free so�luuttionns/be activated.
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We, the residents and property owners of Mountain Meadows, which is within the
corporate boundaries of the City of Ashland, do petition the City of Ashland
authorities to abandon the planned spraying of efllluent on the hillside east of
Interstate 5. We further state that there are two other permanent solutions which d
not carry any risk factors whatsoever - one to processs the effluent to Level 4 to
permit direct discharge, the other to hook up to the treatment plant in Medford. G
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Mountain Meadows is zoned by the City of Ashland as a "Health Care" zone and v-'
even a minimal risk to our health as estimated in several reports, is unacceptable. It
is a known fact that our immune systems have diminished. Therefore, we the
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undersigned, respectfully request that the spraying of effluent on the hillside be ca
abandoned and one of the two risk-free solutions be activated.
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We, the residents and property owners of Mountain Meadows, which is within the
corporate boundaries of the City of Ashland, do petition the City of Ashland
authorities to abandon the planned spraying of efflluent on the hillside east of
Interstate 5. We farther state that there are two other permanent solutions which do
not carry any risk factors whatsoever - one to processs the effluent to Level 4 to p
permit direct discharge, the other to hook up to the treatment plant in .Medford. C
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Mountain Meadows is zoned by the City of Ashland as a "Health Care" zone and
even a minimal risk to our health as estimated in several reports, is unacceptable. It
is a known fact that our immune systems have diminished. Therefore, we the
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undersigned, respectfully request that the spraying of effluent on the hillside be co
abandoned and one of the two risk-free solutions be activated.
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We, the residents and property owners of Mountain Meadows, which is within the
corporate boundaries of the City of Ashland, do petition the City of Ashland
authorities to abandon the planned spraying of effluent on the hillside east of
Interstate 5. We further state that there are two other permanent solutions which do
not carry any risk factors whatsoever - one to processs the effluent to Level 4 to d
permit direct discharge, the other to hook up to the treatment plant in Medford. C
Mountain Meadows is zoned by the City of Ashland as a "Health Care" zone and
even a minimal risk to our health as estimated in several reports, is unacceptable. It as
is a known fact that our immune systems have diminished. Therefore, we the Z
undersigned, respectfully request that the spraying of effluent on the hillside be
abandoned and one of the two risk-free solutions be activated.
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