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HomeMy WebLinkAbout1999-1116 Council PACKET Important: Any citizen attending council meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been closed. If you wish to speak, please f111 out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number,of people who wish to be heard, and the length of the age-n:da. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL 1�04 November 16, 1999 Civic Center Council Chambers, 1176 E. Main Street F-0 I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers. q V w O II. ROLL CALL: s I o � I III. APPROVAL OF MINUTES: Regular meeting minutes of November 2, 1999. -v—J IV. SPECIAL PRESENTATIONS &AWARDS: 1. Presentation of Retirement Plaque to Robb Robbins of Ashland Fire & Rescue. 2. Update and presentation by the Tree Commission. 1 Mayor's Proclamation of November 22 as "Solutions to Hunger Day." V. CONSENT AGENDA: 1. Minutes of Boards, Commissions and Committees. 2. Approval of Findings regarding an Appeal of the Planning Commission Approval for a site plan permit for the construction of a six unit apartment complex between Heiman and Laurel Streets. 3. Termination of a 20-foot ":de public utility easement located along the westerly boundary of the properties located at 100, 262 and 266 Wimer Street(39 1 E 05DC 1901, 1902 and 1900). 4. Hendrickson Airport Hangar Rental Agreement. 5. State Police Airport Hangar Rental Agreement. 6. Request for Judge Pro Tem appointment. 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.) VISIT TI1E CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US VIII. UNFINISHED BUSINESS: 1. Oregon Shakespeare Festival proposal for new theater project. 2. Confirmation of plans for 1251h anniversary of incorporation of City of Ashland. 3. Reading by title only of"A Resolution Amending 93-35 by Deleting Advertising Contracts as an Exemption from Competitive Bidding," and reading by title only of"A Resolution Amending Resolution 93-35 by Defining Advertising Contracts." 4. Reading by title only of"A Resolution opposing provisions of the Multilateral Agreement on Investment (MAI) or similar international investment liberalization agreements that could restrict Ashland's ability to regulate within its jurisdiction, decide how to spend its procurement funds and support Local Economic Development. IX. NEW AND MISCELLANEOUS BUSINESS: 1. Council Meeting Look Ahead. 2. Presentation by Ashland Watershed Stewardship Alliance. 3. Authorization to Initiate Planning Processes for the Fire Station reconstruction and Library expansion and remodel. 4. Request for Funding by the Ashland Chamber of Commerce for Assistance related to the Holiday Festival of Light Program. X. ORDINANCES, RESOLUTIONS AND CONTRACTS: (None) XI. OTHER BUSINESS FROM COUNCIL MEMBERS: XII. ADJOURNMENT: ,y REMINDERS , r= StudySesn Ned nesday;Novm`tier 17at onj counhambers Topicsfto include 1) CERT,program diseuson 2Reportonprovidmgadditional tel communications ervices;arid 3) 20,QQ2001 Strategic n ,. Planning ......................_:.:.............._... VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHL;\ND.OR.US MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 2, 1999 Civic Center Council Chambers, 1175 E. Main Street PLEDGE OF ALLEGIANCE The meeting"was called to order by Mayor Shaw at 7:03 p.m.,Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hauck, Hanson, Wheeldon and Fine were present Mayor Shaw congratulated the citizens on voter turnout in the city. Stated that Ashland is one of only two cities in the state that have,so far,shown a voter turnout of over 50%. APPROVAL OF MINUTES The minutes of the regular meeting of October 19, 1999 and the executive session of October 19, 1999 were approved as presented. SPECIAL PRESENTATIONS&AWARDS 1. Mayor's Proclamation of"Recycling Awareness Week." 2. Mayor's Proclamation of"A Celebration of 100 years of Medford and Ashland Football". Mayor Shaw read both of the proclamations in full CONSENT AGENDA I. Minutes of Boards,Commissions and Committees. 2. Approval of a Street Cut on Park Street to install sewer and water facilities. 3. Second reading by title only of"An Ordinance Adding Section 2.04.095 to the Ashland Municipal Code to Establish Fiscal Priorities for New Programs." It was noted that consent agenda item#3 should read as follows:Second reading by title only of"An Ordinance Adding Section 2.04.095 to the Ashland Municipal code to better identify funding mechanisms for new programs." Councilors Wheeldon/Fine m/s to approve consent agenda items and Ordinance#2851 as amended. Roll call vote: Laws, Reid,Hanson, Hauck,Wheeldon and Fine, YES. Motion passed. Council requested that second reading of ordinances be dealt with separately and placed on the agenda accordingly. PUBLIC HEARINGS 1. Public Hearingand Motion regardingAppealof Planning Commission decision:Planning Action 99-062 -request for Site Review Permit for the construction of six apartment units(three duplexes)located on Van Ness Street between Helman and Laurel Streets(Applicant: Dave Green). Mayor Shaw read the land use public hearing guidelines and procedures. PUBLIC HEARING OPENED: 7:13 p.m ABSTENTIONS,CONFLICTS, EX-PARTE CONTACTS: Hanson noted that he had made a site visit and had conversation with neighbors. Fine noted making a site visit,seeing media information and having brief contact with individuals who wished to discuss the matter,and which he declined because the matter might come before council on appeal. Hauck noted a site visit and viewing of the Planning Commission hearing. Reid noted that she had made a site visit. Laws noted a site visit and a brief conversation with Regular City Council Meeting II/02/99 Page 1 of 11 the Director of Community Development. Wheeldon noted having made a site visit and had a general conversation with neighbors. Hanson clarified that his conversation with neighbors had to do with the history of the lot in question over the last fifty years. Wheeldon clarified that her conversation with neighbors was about in-fill in general and the nature of the neighborhood. Wheeldon emphasized that this conversation provided nothing beyond what is contained in the record and what is general knowledge from living in the city for a long time. STAFF REPORT: Director of Community Development John McLaughlin introduced Associate Planner Mark Knox,the staff planneron this project. Knox read the applicable criteria to be used for the approval or denial of site review:A)All applicable City ordinances have been met and will be met by proposed development; B)All requirements of the Site Review Chapter have been met;C)The site design complies with the guidelines adopted by the City Council for implementation of this Chapter; and D) That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. Knox explained that a similar application was approved by staff as a Type I review permit in 1996. The neighbors appealed,and the item went before the Planning Commission where it was approved with some conditions, including that the alley not be paved. The applicant then allowed that approval to expire,and has submitted a new application. Knox noted that there had been some concern over the possible existence of wetlands on the site,but that a consultant has confirmed that there are no wetlands. Knox noted that the Division of State Lands had also done an analysis and issued written confirmation that there are no significant wetlands here. Knox discussed the site,noting that there is a 4%slope to the north and relatively little in the way of natural features. Explained that the proposal is for three buildings with duplexes, for a total of six units. Illustrated the site plan and parking with slides. Discussed the design details of the units, with slides of the elevations. Knox stated that staff believes, and the Historic Commission concurs, that the development is compatible with the existing neighborhood. Knox noted that a number of the concerns raised by neighbors had to do with the alley,and explained that neighbors have asked that the alley not be paved. Stated that staff has asked that the alley be graded to at least twelve feet,and improved with"three-quarter minus" rock. Knox noted that the fire department required fifteen foot clearance for emergency vehicle access. Stated that the back two units will also have fire sprinklers as an added precaution. Knox explained trip-generation concerns,noting that national standards indicate the project will likely generate about 36 vehicle trips per day. Stated that typically, 10-15%of these will occur within peak hours. Also noted that concerns over vision clearance at the alley have been rectified by contacting neighbors to have vegetation removed. Knox stated that planning staff supports this application,and noted that the Historic Commission had also recommended approval. Pointed out that the Tree Commission had also recommended approval,but had raised some concerns over some of the existing trees. Explained that Planning Commission felt that the trees were not significant and could be removed. Clarified that the Tree Commission had not-reviewed the item after the Planning Commission ruling. McLaughlin clarified some items having to do with the appeal. Noted that the appellants' letter raised the issue of the Planning Commission's use of the site review criteria over elements of the Comprehensive Plan that were raised during the process. McLaughlin briefly explained the multi-tiered process for statewide land-use in Oregon,noting that each Regular City Council Meeting 11/02/99 Page 2 of I I city adopts a comprehensive plan to implement statewide goals. In this way,statewide goals become localized goals and policies reflecting the values of the local community. From there,the localized goals and policies are implemented with specific local ordinances. McLaughlin noted paragraph c in the appellants' letter which confirms this. McLaughlin emphasized that once a land use ordinance is adopted,decisions are made based on the specific ordinances rather than referring back to the goals and policies of the comprehensive plan. By complying with the local ordinances, a plan complies with the comprehensive plan and statewide goals. As such, McLaughlin stated that the appellants' perception of a procedural error is seen as incorrect,as in fact the action had to be considered in the matter that it was. McLaughlin cited the major land-use decision reached in Murphy v. The City of Ashland, wherein LUBA required reliance upon city ordinances in reaching decisions as a way of implementing the policies of the comprehensive plan. Emphasized that it is staff s belief that this is the only approach to use in these matters,and that is the way the Planning Commission arrived at its decision,which was unanimous. Reid questioned how not paving the alley would meet the city's track-out ordinance and the council's policy of trying to pave alleys. McLaughlin stated that in the historic district,with relatively flat alleys in residential areas having low traffic counts the neighborhoods have pushed to not have alleys paved to keep them more as linear parks/trails for the enjoyment of the historic area. Stated that prep work done on the alley,and use of a"three quarter minus"crushed base can alleviate track-out concerns. Noted that this is only appropriate to flat alleys,and that it does mean some increased maintenance. Recognized that there are still air quality and storm water run-off issues,but that the rock is considerably better than decomposed granite. Stated that it fell to the council's discretion to require paving if they feel it to be necessary in light of these concerns. Wheeldon asked for clarification that this is a de novo hearing. Shaw confirmed that this item was being heard de novo, and explained that council was not restricted to a particular issue and could look at all applicable criteria. Wheeldon questioned whether the thirty foot rear setback included parking. Mark confirmed this, and noted that the alley right of way was sixteen feet and that the parking was about eight feet from the building. McLaughlin confirmed that staff worked with the Fire Department and they were comfortable with the alley access. Knox noted that there are encroachments at the Helman end of the alley,and letters will be sent asking property owners to remove their fences and hedges from the right-of-way. Confirmed for Wheeldon that alley maintenance is not the developer's responsibility —the developer does the initial work,which will likely be serviceable for two to three years. Knox also confirmed that the applicant need only improve the alley from the rear property line to Helman Street. McLaughlin emphasized that council has the discretion to request additional requirements. Wheeldon questioned the trees being affected here. Knox clarified that two trees are on the applicant's property,and that a third tree is located on a neighboring property six feet from the property line. Discussed the capacity of this alley. McLaughlin noted that the true capacity of an alley is difficult to measure,given the physical possibility for traffic versus for the character as an alley. McLaughlin noted that the capacity will handle the eventual level of development proposed for the neighborhood,which could be fifteen more units. Discussed the role of alleys as parking and rear access to complement the role of public streets in an interconnected network. Reid questioned the full build out that could be allowed on the lot being discussed. McLaughlin confirmed that the lot's base density was 6.8 units,meaning that six would be the base density with seven allowed with a density bonus if an affordable housing unit were included. APPLICANT PROPOSAL: Dave Greene/Applicant and Richard Stevens/211 Genesee Place,Medford,97504 Pointed outthat property is zoned R3,and the proposed use in permitted outright in that zone. Explained that the process here is multi-level with general site plan review and historic review. Emphasized that the Planning Commission,Historic Commission,and planning staff have all reviewed this application and concurred that it does in fact meet applicable criteria. Emphasized that the Regular City Council Meeting 11/02/99 Page 3 of I I i applicant's position is that there has been extensive review confirming that criteria have been satisfied,and asked that council confirm the Planning Commission approval. Stevens stated that the applicant will improve the alley with three quarter minus gravel as required by the Planning Commission,and sign an agreement consenting to participate in the local improvement district for paving when that district is formed. Explained that the applicant is willing to address the concerns of the neighboring property owner regarding the tree and will hire an arborist to protect this tree,to the best extent possible. Stated that the issues raised by the appellants are not approval criteria or standards that can be applied to this type of application. While the applicant empathizes, there are state requirements which are being followed appropriately for the type of application. Concluded that the issues brought forward citing Oregon Revised Statutes and the city's Comprehensive Plan are not approval standards or criteria for this type of application; noted that the application has met all applicable standards under review by the appropriate bodies;asked the council to approve the application. IN FAVOR OF THE APPLICANT: Elaine Delsman/341 Beach St/Noted that she owns property on Van Ness, across the street from the proposed development. Explained that there are numerous apartment buildings in the area, and stated that she feels that this project will be a benefit to the community. OPPOSED TO THE APPLICANT: Council discussion of whether speakers should be allowed to donate their time to other speakers. Laws stated that because the council has previously allowed this practice,it should be allowed tonight Suggested that council set policy for future meetings that donating time to other speakers will not be allowed. Council expressed their agreement with this as future policy. Robert Hirschboek/71 Scenic Dr/Read a prepared statement into the record(see attached). Eva Ruth Cooley/143 Van Ness Av/Noted that two other speakers had donated time to allow her more time to speak. Explained that neighbors and concerned citizens filed this appeal because the Ashland Planning Commission failed to follow proper procedure as stated in ORS 197 and 227. Emphasized that this procedural error deprived the appellants of a substantial right to the reasonable opportunity to submit their case to the Planning Commission. Stated that the appellants contend that ORS 197 requires the provision for comprehensive plans, and read requirements from the statutes. Stated that the Planning Commission hearing limited testimony which did not address the site review standards in the land use ordinance. Also noted that staff advice to the commission directed them that their discretion was limited to the site review criteria. Suggested that this limited the scope of evidence to only the site review standards,and stated that based on the previously cited statutes the comprehensive plan should precede these standards. Stated that the limitation of discussion to the site review standards is not only a violation of the requirements of law but a breach of the appellants right to due process. Ask that council review the facts,admonish the Planning Commission and instruct them as to their responsibility as stated in ORS 197 and 227. Further asked that this matter be sent back to the Planning Commission to be reopened subject to all of the goals and policies of the Comprehensive Plan. John Freedom/442 Holly St/Noted that council is being called upon in this appeal by the neighbors to correct a pattern or practice of decision making by the Planning Commission and Planning Department that is in contravention to ORS 197 and 227. Specifically stated that this practice deprives citizens of a substantial right to reasonable opportunity to prepare and submit their cases at public hearings. Suggested that officials handling planning and development in the city are neither aware of nor familiar with the laws requiring that development occur in accordance with the comprehensive plan and applicable land use ordinances. Stated that the Planning Comm iss ion and Planning Department are in place to serve the people,and suggested that it would be timely for the council to issue a directive admonishing both to operate within the scope of, and in compliance with,the ORS,comprehensive plan and the municipal code. Concluded that making decisions is easy, but that making the right decision is the challenge for the council. Regular City Council Meeting 11/02/99 Page 4 of I I Alfred Wilstatter/128 Central Av/Noted that he has resided on this street for thirty years. Explained that he has no problem with the development, but suggested that land-locking this development with only alley access is setting a dangerous precedent. Emphasized that street access is needed. STAFF RESPONSE: At the request of Councilor Hauck,City Attorney Paul Nolte confirmed that both Murphy v. City ojAshland and Miller v. City ojAshland which were decided roughly ten years ago specifically require the decision to be made based on the ordinance in place to implement the comprehensive plan. Nolte concurred with the advice provided by Director of Community Development John McLaughlin and Planning Commissioner Steve Armitage,and confirmed that council may not look at anything other than the site review standards. Reiterated that council is legally bound in this matter. Laws clarified that once ordinances are in place to implement the comprehensive plan,they then take over the job of carrying out the expressed comprehensive plan. McLaughlin clarified for Laws that the current zoning ordinance and site review standards do carry out all aspects of the comprehensive plan that would be relevant in this matter. Explained that the comprehensive plan includes a chapter on implementation listing specific ordinances addressing requirements of the plan's goals and policies. At Reid's request, Nolte clarified that he was pleased to hear that the Planning Commission and planning staff recognized the need to follow the criteria stated in the city's implementing ordinances. McLaughlin noted that the condition requiring the applicant to sign in favor of future paving addressed the possibility that council may eventually implement paving standards for alleys. McLaughlin clarified that staff is following the Ashland Municipal Code's chapter 18.72 very closely. Explained that land use in the ORS becomes very complex,but that the approval of needed housing must be reviewed by"clear and objective standards." Stated that reverting to the comprehensive plan standards would completely change the process. APPLICANT REBUTTAL: The applicant's attorney Richard Stevens noted that most of his concerns had already been addressed in the staff rebuttal. Noted that while this type of development is relatively simple,the fact that it is in the historic district means that the review process has been quite extensive. Emphasized that the applicants have demonstrated compliance with applicable standards, and stated that this compliance was upheld in the Planning Commission's decision. Noted that -while he didn't believe there had been any procedural errors,the possibility is adequately addressed by conducting this de novo hearing tonight. Stevens noted that there are numerous court cases requiring the use of criteria,and explained that ORS 197.763 requires listing all applicable criteria in the public notice which is mailed out,and these criteria must be recited by staff at the hearing. Emphasized that these then become the only applicable criteria to be addressed in the hearing. Issues raised by opponents must be specific,and the level of specificity must be such that the applicants can address it. Stated that no issues raised by the appellants have any degree of specificity,and are not approval criteria but general policies. Asked that the Planning Commission decision be upheld, with the conditions imposed by the Planning Commission,and allow the project to move ahead. In response to Wilstatter's concerns,Stephens noted that the Transportation Element of the Comprehensive Plan states that parking spaces and structures should be located in alleys,and the applicant was encouraged to do this. PUBLIC HEARING CLOSED: 8:24 p.m. Fine stated that the council has no other option but to follow the applicable criteria. Emphasized that the Comprehensive Plan consists of general norms which are too vague to serve as requirements. Noted that there may be a need to better clarify what maybe ambiguous goals,but in this case the standards are clear. Explained that council is sitting tonight in a law-applying role rather than a law-making role. Asked that if citizens are unhappy with how Regular City Council Meeting 11/02/99 Page 5 of I I strategies are outlined, that they hold the council accountable in the future as rules are made. Stated that he would be voting in favor of the application according to the criteria. Councilor Laws clarified that council is bound to the ordinances that are in place to carry out the comprehensive plan. Stated that if these ordinances are seen by citizens as poorly designed,then the citizens need to come before the council to have these ordinances redesigned. At the present time,the existing implementation ordinances must be applied,as required by LUBA. Councilor Hauck pointed out that the site review criteria go well beyond their four short sentences, in that they require the applicant to meet all applicable city ordinances,which are very detailed and complex in seeking to implement the comprehensive plan. Councilor Wheeldon commented on the impact of in-fill projects and questioned what could be done to allow for less impact in the neighborhood. Wheeldon suggested some changes that could be brought forward to better make the area more palatable to the neighborhood,such as better care of the alley,the appropriateness of fencing, and possibly the coverage of the parking areas. Councilor Reid voiced her concern with redesigning the project for this development, and stated that it may be inappropriate for council to do so at this time. Felt that these types of conditions should be raised at the Planning Commission level,and that the council should not attempt to micro-manage neighborhoods. Laws emphasized that any conditions imposed here would need to be specific, but stated that he would agree to requiring paving of the alley. Suggested that the required alley improvements be extended to include the alley north from the property to the cross alley,and on the cross alley from the intersection to Van Ness. Emphasized that this did not need to be paving, but could merely be three quarter minus gravel. Clarified that this would require changing the wording of condition five to require alley improvements"for the entire alley,between Heiman and Laurel'rather than from Heiman to the property line. Councilor Hanson clarified that there had been concessions made by the developer due to the concerns brought forward by the neighborhood during the process of this application before the Planning Commission, Tree Commission and Historic Commission. Discussion of the need for better communication in these matters. Wheeldon suggested that the general feeling of the comprehensive plan may not be translating specifically enough into the implementing ordinances. Laws stated that the problem is that the ordinances are supposed to clearly spell out how to comply with the comprehensive plan by objective criteria as required by state law. Suggested that these ordinances need to be looked at to make them better specific expressions of comprehensive plan implementation. Wheeldon suggested that council ask the developer to meet with a group of neighbors in order to come up with mitigating requirements that would be mutually agreeable. Reid stated that this is not the appropriate time to do this, and discussed that this matter is before the council on appeal and the processes have already been conducted. Fine emphasized that there is a need to complete this matter under the 120-day rule,and there is not time under that rule to enter a broad ranging process. Suggested that staff look at bringing back potential improvements to the in-fill ordinances and strategies. Discussion noting that this is a de novo hearing and needs to be conducted as such. Councilors Reid/Hauck m/s to approve the application with the suggested condition change suggested by Councilor Laws. Roll call vote: Laws, Reid, Hauck, Hanson,Wheeldon,and Fine,YES. PUBLIC FORUM Eric Navickas/711 Faith Av/Spoke regarding the recent death of Jim Berkman and asked that listeners celebrate his life. Noted the amount of volunteer community involvement by Mr. Berkman, and how very difficult it will be to Regular City Council Meeting 11102/99 Page 6 of I I replace an individual like Berkman. Navickas requested that council consider a grant in the memory of Jim Berkman to help fund the Ashland Community Bike Program as a monument. Shaw suggested that Navickas contact her so that there could be discussion on doing something, possibly through the Bicycle and Pedestrian Commission. Bob Kiger/227 S Freeman St/Submitted proposal for Ashland Bicycle Center and stated that Ashland would make a world-class bicycle touring center,as he feels that Ashland is the best qualified location on the Pacific coast. Noted the ingredients necessary fora centerto exist and how this could be complemented by the Bear Creek Greenway project. Offered his assistance to the city for economic development in this area,suggesting that this could be a$15420 million industry supporting 400 jobs. Councilor Laws clarified that the city does offer grants through the budget process. Russ Silberger/562 Ray Ln/Spoke regarding the new proposal by the City Administrator to charge a fee of$0.50 per page for requested documents. Noted that these fees are twice the amount charged by the state. Feels that the new policy is designed to restrict access to documents and control information. Noted some previous requests for information that he has made, and asked if it is appropriate to charge such high fees for access to public records. Concluded that he hopes that these new fees do not intimidate anyone who is seeking information. Michael Gutman/1257 Quincy St, #51Would like to revisit the issue of affordable housing. Noted the California Gardens affordable housing development next to Garfield Park. Asked that council to reconsider how SDC charges are handled up front,and suggested deferring SDCs for later collection. Also questioned the condition of approval for fire sprinklers in townhouses based on water flows, when the city could upgrade the waterlines on California Street. Shaw urged Gutman to follow up with Public Works,giving the fact that the project is moving forward as a planning action and the matter is not appropriate for council discussion at this stage. Gutman explained that the water line would provide a great benefit to the future owners of these units, and that a waterline improvement would also benefitthe ParksideApartments,which is currently under-protected from fire danger. Wheeldon volunteered to speak to Dave Petersen in regards to this issue,and Laws noted that the SDC deferral request would be best addressed to the Housing Commission. UNFINISHED BUSINESS None. NEW AND MISCELLANEOUS BUSINESS 1. Council Meeting Look Ahead. Presented for council information. 2. Application for Taxicab Certification. City Administrator Mike Freeman briefly explained the background of this application for taxi certification,and noted the four criteria that must be considered to grant a certificate. Stated that in staffs opinion, the application does not adequately address those criteria, and recommended that council return the application and request additional information. Freeman clarified for Wheeldon that the council is the regulatory body in determining whether or not to grant a person a certificate to do business. Hauck suggested that the ordinance may need to be revisited. Fine stated that Finance Director Jill Turner is revisiting the ordinance at the staff level. Councilor Laws/Fine m/s to return the application to Cascade Shuttle for further information,under advice of staff. Voice vote: All AYES. Motion passed. 3. Presentation by Oregon Shakespeare Festival regarding new theater project. Dan Thomdyke,representing the Oregon Shakespeare Festival(OSF)board of directors,and Paul N icholson,also from Oregon Shakespeare Festival,requested support from council for OSF's new theatre/parking lot proposal in concept, Regular City Council Meeting 11/02/99 Page 7 of I 1 and also asked council to authorize city staff to work in conjunction with the festival to renegotiate the city's lease with OSF in order to accommodate this project in both scope and term. Thordyke gave a background on the effort and discussion that has occurred in this process. Noted that the festival does have a large and diverse board of directors and that this has been a long, ongoing process. Stated that the current proposal came through the public input process and that the aim is now to maximize the positive impact,rather than simply trying to minimize the negative impact,on parking. Emphasized that the proposed project will greatly improve the parking lot,as well as improving the artistic product and long-term viability of OSF. Nicholson explained that the proposal is near the end of the schematic design stage and that OSF is far from proposing a final design through the planning process. What is being presented to the council here is the conceptual design and how that design would address current concerns and limitations. The proposal is as follows: I)Leave Carpenter Hall where it is,and upgrade it so that it can be made more available to local performing arts groups when OSF's theatres are not in operation;2)Construct a new,state-of-the-art theatre seating 260 in a three-quarter thrust configuration and up to 350 in arena or in-the-round seating;3)Build atwo-level, 120 space parking structure,with one level at Hargadine Street and the other as an underground area at approximately the lower level of the existing parking lot;4)Continue to work in partnership with the City,the Chamber's Parking and Transportation Committee and Ashland businesses to develop a comprehensive plan that addresses transportation,traffic flow,parking and other issues;and 5)Enhance the landscaping surrounding Carpenter Hall so the new theatre fits harmoniously into the neighborhood. Also pointed out the possibility of working with the Mark Antony to extend this new parking structure all the way to First Street for a potential gain of 90 parking spaces. Asked that the city re-energize a group to focus attention on developing real solutions to parking issues,traffic flow, and congestion,and tying that in to the comprehensive plan. Noted that this is a$8-10 million investment on OSF's part, and that pointed out that there are specific benefits to the City of Ashland. OSF will present plays at the highest level of performance, plus there are economic benefits of approximately $6.5 million per year, and there will be an increase in the city's hotel/motel tax and food and beverage tax and sales to many local businesses. Feels that the project itself will serve as a catalyst for change. Nicholson requested the general support of the council to continue in developing the design concept and to authorize staff to work with OSF both in planning process and in renegotiating the lease. Nicholson noted the areas owned by the city, and explained that the Black Swan is expected to be kept as a working space for new play development and theatre education activities. Thomdyke clarified that there have been long-term goals to redevelop the Black Swan building and its immediate area. Councilor Reid voiced her concern with losing additional street level area on Hargadine Street,and suggested that the parking structure need not extend all the way to First Street. Stated that building/structure use and street scape should be considered. Nicholson stated that Doug Neuman had indicated his interest in using the parking structure as a way to develop the parking lot,as Reid had suggested. Thomdyke explained that because this is city property,OSF needs council approval to move forward with specific land use issues, both internally and through the city planning process. Stated that they would like to work with staff to develop a lease that would encompass the entire area under discussion. Nicholson explained for council that the issues surrounding the charge for parking has not been worked out and that they are continuing to explore options and have discussions. Explained that they anticipate that anyone using the parking facility during festival times would be required to pay,and clarified that during the off-season and/or off-hours this may not be a requirement. Councilor Laws commented on the need to look at the report recently completed on the city's transit system. Laws stated that he would like to seethe city maintain control over the necessity of charging for parking. Noted that he would Regular City Council Meeting 11/02/99 Page 8 of I 1 like to take advantage of the opportunity to work with Doug Neuman, as owner of the Mark Antony. Stated that the idea of putting a committee of fifty together may not be right for the present time,given the level of development that already exists in this plan. Suggested that a smaller working committee representing major stakeholders and able to take action would be more suited to the present circumstances. Councilor Wheeldon suggested dealing with"Ordinances,Resolutions,and Contracts"items which are time-sensitive now to reserve the remainder of the meeting for discussion of the OSF proposal. Dealt with items#I and 2 here as they were time sensitive. Councilors Reid/Laws m/s to extend the meeting past 10:00 p.m. Voice Vote: All AYES. Motion passed. PUBLIC INPUT Duane Smith2165 W Jackson/Noted moving here 36 years ago as the city was the cheapest community he could live in with a five-year college program,and spoke of the way the town developed with the Festival. Explained how the parking lot on Hargadine came about,noting it is only owned by the city because of the actions of the Festival. Stated that the Festival really built the town, and they should be supported on their path to excellence. Bill Street/180 Mead/Commented on the dynamics of the council chambers and how the audience does not feel a part of the discussion. Suggested that the experience is neither democratic nor artistic, and that perhaps the Black Swan would be a more appropriate venue. Noted the letter submitted by Michael Donovan with the statement that it is conservatively estimated that over 15,000 vehicles pass southbound on East Main,and 13,000 vehicles pass northbound on Lithia Way every single day. Emphasized that is more cars than travel both north and south on Interstate 5 per day. Voiced concern with transportation and growth problems and asked how to limit the problem. Questioned if Festival's proposal adds to the current problem of transportation and growth, or contributes to the solution to that problem. Questioned whether Ashland is losing its small town character and moving away from a balanced economy. Emphasized that this proposal is not a solution to the growth and transportation problems that must be addressed. Colin Swales/143 Eighth Street/Voiced his surprise at learning that the city owns the parking lot that the OSF is proposing to develop. Commented on the design of the proposed building and the arrogance of the festival in assuming that they can build what, where, and when they want. Emphasized that a windowless auditorium commanding magnificent views is a criminal waste, when the site would have been ideal for the library. Pointed out that the maximum building height allowable under the areas zoning is forty feet,not the sixty four feet proposed. Stated that the initial plan was to demolish Carpenter Hall, and pointed out that the lease with the city requires OSF to grant use of the grounds to civic groups, conventions, and other such organizations. Stated that OSF is in arrears on this community obligation. Also noted planning for a 3000 square foot lecture hall over the Black Swan has been discussed. Concluded that with$28 million in assets and a$2.8 budget surplus, no further handouts are in order from the city. Bob Mayers/4890 Hwy 66/Noted that he is on the Chamber Board, and has been a business owner in Ashland for twenty years. Stated that in order to maintain a business,it requires a lot of work. Commented on the positive influence of OSF and the community support for successful businesses. Feels that the community should share in the enthusiasm of the Festival in their striving to excel.Noted some of the community organizations that support the Festival's proposal, and requested that council support the OSF in this new endeavor. Jim Lewis/640 A Street/Chair of Ashland Historic Commission/Commented on the Historic Commission's top priority in keeping Carpenter Hall in its original location. Stated that the Historic Commission would definitely prefer the proposal for the alternative development of the parking lot. Requested that if the council is to accept this development, he feels there should be a substantial increase in community use of the building. Gary Moore/668 N.Main St./Noted that he has been a B&B owner for six years. Commented on the difficulty guests have in obtaining tickets to the Black Swan theatre,and suggested that the proposal wouldn't necessarily bring more Regular City Council Meeting 11/02/99 Page 9 of 1 I guests but might allow the same people to see more shows,and also allow for expanded shows in the spring and the fall off-seasons. Stated his support for the proposal in that it provides for additional use in the off-season. Cate Hartzell/881 E. Main St./Feels that the council is a bargaining position and that the foundation to be used in determining a new lease would involve fair judgement of previous agreements. Expressed concern with previous commitments to allow use by community groups and the fact that these commitments may have been unfulfilled. Commented on individuals who are not at the meeting and their concern that the festival may go back to original plan if the current plan is not approved. Suggested that this is organizationally selfish. Suggested that any support she expresses tonight is based in resignation and disappointment that this is already a"done deal." Stated that there should have been consideration given to adding on to the Black Swan before moving into city-owned property. Asked that council consider seeking city ownership of Carpenter Hall as part of the bargaining process. Suggested that it be made more accessible,with possible management by a community group. Stated that council needs to consider all citizens in this negotiation,and keep in mind the impact of the mass and appearance of this building on the downtown. Stated that paid parking will have additional impact on the neighborhood around the neighborhood, and asked that council consider the C-I-D zoning and revisit parking commitments required in that zone. Concluded that there is a need to have a better dialogue within the community. Mike Gorton/106S.Pioneer/Directly effected by the proposal. Commented on the advantages and disadvantages from the standpoint of residing on Pioneer Street. Expressed his support for the project,but feels that it is important to have community input. CouncilorsWheeldon/Finem/stocontinuethepublichearingtotheNovember16" council meeting. Discussion: Voice vote: All AYES. Motion passed. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Reading by title only of"A Resolution accepting Transfer of a portion of Tolman Creek Road from Jackson County to the City of Ashland." Councilors m/s to approve Resolution#99-63. Roll Call Vote:Hanson,Fine,Wheeldon,Hauck,Reid and Laws, YES. Motion passed. 2. Reading by title only of"A Resolution Exempting from Competitive Bidding Equipment Purchases through the National Cable Television Cooperative for the Ashland Fiber-Network Cable Television System" Councilors m/s to approve Resolution#99-64. Roll Call Vote: Reid,Wheeldon,Hauck,Fine,Laws and Hanson, YES. Motion passed. 3. Reading by title only of "A Resolution Amending 93-35 by Deleting Advertising Contracts as an Exemption from Competitive Bidding," and reading by title only of "A Resolution Amending Resolution 93-35 by Defining Advertising Contracts." Item removed and placed on next council agenda. 4. Reading by title only of"A Resolution requesting that the United States Government ensurethat certain provisions be included in the Multilateral Agreement on Investments(MAI) Agreement if it is to be ratified by the United States." Item removed and placed on next council agenda. Regular City Council Meeting 11/02/99 Page 10 of I I 5. Reading by title only of "A Resolution establishing a Training, Travel and Business Expenses Reimbursement Policy for the Mayor and City Council." Councilors m/s to approve Resolution#99-62. Roll Call Vote:Wheeldon,Fine,Reid,Hanson and Hauck,YES. Laws, NO. Motion passed 5-1. ADJOURNMENT The meeting was adjourned at 10:29 p.m. Barbara Christensen, City Recorder Catherine M. Shaw,Mayor Regular City Council Meeting 11/02/99 Page I1 of II Council Communication Ashland Fire & Rescue Retirement Of Engineer Robb Robbins November 16, 1999 Submitted by: Keith E. Woodlev, Fire Chief This evening we honor Robb Robbins at his retirement from service to the community of Ashland after twenty years with Ashland Fire & Rescue. Robb began his fire service career in April 1968 as a Firefighter with the Oakland, California, Fire Department. In September 1977, Robb accepted a temporary one-year assignment in the Fire Prevention Bureau in Oakland, where his fire inspection and educational efforts in the hospitals, schools and businesses resulted in an increased awareness of fire safety in the community. As a firefighter, Robb's career has spanned the early years in the industry when emergency medical treatment equipment consisted of a first-aid kit and a resuscitator. Although primitive by modern standards, Robb learned to do the best he could with the technology that was available to firefighters back then. Robb continued to expand his knowledge and skill as new life-saving technology became available to the fire service, and today provides critical support for our community's ambulance service. In November 1979, after eleven years with the City of Oakland, Robb and Toni moved to Ashland with their three young children to begin working for the Ashland Fire Department. This change in employment was greeted as a "return home" for Robb & Toni, as they were both born and raised in southern Oregon. Throughout his twenty years with Ashland Fire & Rescue, Robb has demonstrated a strong commitment to our community's youth. Robb can best be remembered for his spirited support of the sports program of the Ashland High School, and could always be found nestled in the grandstand at Grizzly football games. Soon Robb will be able to devote more time to the practice of chasing a little white ball up and down the green. The fish at Howard Prairie Lake will need to be a little more wary in the future, and his friends and co-workers at Ashland Fire & Rescue will miss their daily association with their old friend, Robb Robbins. After thirty-one years in the fire service, he deserves a rest. We wish him well. I W1116 PROCLAMATION WHEREAS, hunger hurts the whole community; it harms the proper development of t 3 children, compromises the strength of our workforce and undermines r;?4-, ti Oregon's livability; and A t6 M WHEREAS, ACCESS, Inc., is Jackson County's Regional Coordinating Agency for emergency food distribution, andis the Senior Nutrition Program .p 'der, including Loaves and Fishes home delivered meals and the rov Summer Lunch Program for children; and OF 'WHEREAS, there are many programs in Jackson County,and Ashland that are dedicated to emergency food distribution I and providing meals and without such programs as CARING FRIENDS, UNCLE FOOD'S DINER THE ASHLAND FOOD,BANK, THE ASHLAND CHRISTIAN CHURCH, and"Others, there would be many more hungry people in our community. NOW, THEREFORE, 1, Catherine M. Shaw; Mayor of the City of Ashland, do hereby proclaim November 22, 1999, as '501utions to D'angicrDay An the City of Ashland and urge all citizens to Eight hunger by joining in with all the food banks in Ashland and the surrounding area in the solution to this community problem. Dated the 16 day of November, 1999. Catherine M. Shaw, Mayor Barbara Christensen, City Recorder sj W W— W— �,u i 34 kwl§ � w ASHLAND TRAFFIC SAFETY COMMISSION J I 1 J 1 MINUTES SEPTEMBER 23, 1999 MEMBERS PRESENT: BILL LAMBE, THOMAS HEUMANN, GEORGE FARDELMANN, BILL SNELL, MICHAEL SAVKO, DON LAWS, JOHN MORRISON STAFF PRESENT: JIM OLSON, DAWN CURTIS MEMBERS ABSENT: I. CALL TO ORDER II. APPROVAL OF MINUTES FROM THE SEPTEMBER MEETING- APPROVED III. ITEMS FOR DISCUSSION: A. PUBLIC FORUM ITEMS: 1. North Mountain Park Parking Concerns Bonnie Moody, 511 E..Hersey, addressed the Commission with the concerns of the neighbors regarding the new sports park. They especially are concerned with the parking along the roadside on Mountain Avenue near the Hersey Street intersection. The night games would bring vehicles into the area and if adequate parking is not supplied, then the roadside will become a reasonable option. Unfortunately, parking along the side of the road is dangerous since the shoulder is narrow and the road is dark and the shoulder is steep. Moody suggests the Commissioners visit the area and insist that the Parks Commission take a long look at the need for additional parking for this park, especially if they are offering night games. Olson recalled that there were 85 parking spaces for the park but was not clear if that was for only one parking area or if it encompassed all three. Moody felt that the night games could bring strangers to the area who are unfamiliar with the area. Laws felt our concern shouldn't be the parking but with the impact of inadequate parking. There are only three fields that can be used at one time with the potential of 120 players and considerable visitors in cars might have to wait and see how popular the park becomes. As of yet the Parks Commission hasn't decided about the lighting so he hesitates to get into this issue. Neumann asked if shuttling services have been looked into? Laws commented that this would need to be a requirement and the Parks Commission has not made it a requirement for the schools to shuttle. Moody commented that the initial plans thought that the park would have a shuttle service but this was before the idea of making it a regional designated sports facility came into being. This is what has the neighbors concerned about. This is a rapidly growing area with people who want G:Dawn\Trat\Minutes\August 99.doc there lots improved. We are not trying to tell the Parks Commission what to do but, the safety and the nuisance needs to be addressed now. The pressure of using this park will be a priority over other parks with all the improvements. Laws commented that there was no way of knowing how many games would be scheduled. Moody felt that other fields could have benefited from the money, the Parks Commission should be spreading the wealth. Laws asked Olson to look into the plans for parking and see how many people can be accommodated and if there appears to be a problem, we can give a recommendation to the Parks Commission. REVIEW OF TRAFFIC REQUESTS/PROJECTS PENDING/ACTION REQUIRED 1. REQUEST FOR YIELD SIGN ON PRACHT STREET AT MORTON STREET Ms. Diane Mason requested a "stop"or"yield"sign be placed on Pracht Street at Morton Street to assign right of way to the Morton Street traffic. She was prompted in her action by being involved in an accident at this intersection. Pracht Street & Morton Street form a full 4-leg 90° intersection. While the higher traffic volumes (500 VPD) on Morton Street dictate that it is the through street it is not readily apparent. Three legs of the intersection have identical widths (30"), the west approach (Pracht Street) has a 36" width. Combined with the 16% grade of Pracht there is sufficient cause for confusion in allocating right of way. Due to the nature of this intersection, staff recommends that"yield"signs be placed on Pracht Street on both sides of Morton Street. Discussion: This was an older request from July. We did conduct a quick study on the intersection. It is well designed. Not a lot of vehicles but there is a right of way issue. No warrants are met for a stop sign. Savko asked if there were any accidents. Laws commented that with traffic so low it was doubtful. Decision: Neumann motioned to accept staff's recommendations. Seconded and passed unanimously. 2. REQUEST FOR STOP SIGNS ON CLARKE AVE, OREGON ST., & GARDEN WAY Mr. Marc A. Smith, a 47 year resident of Walker Avenue has requested the installation of several stop signs including: 1. Oregon Street at Walker Avenue 2. Clarke Avenue at Walker Avenue 3. Clarke Avenue at Harmony Lane 4. Garden Way at Clarke Avenue BACKGROUND: 1. A stop sign is located on Oregon Street at Walker Avenue. 2. A stop sign is located on Clarke Avenue at Walker Avenue. G:Dawn\Traf\Minutes\August 99.doc 3. Clarke Avenue / Harmony Lane Request- The intersection of Clarke Avenue and Harmony Lane forms a tee with Harmony Lane being the through street. Harmony Lane is 28' wide and has unrestricted parking. The approach grades in this intersection are moderate with Harmony Lane having a 6% grade while Clarke Avenue is flat. Sight clearance is fair with some minor obstructions from the shrubbery at the southwest corner. Traffic volumes on all legs of this intersection are less than 500 vehicles per day. Since Clarke Avenue intersects Harmony Lane at a tee must drivers allocate the right of way to Harmony Lane drivers. On-site observations verified this. Warrants are not met for the installation of either"stop"or"yield"signs. Discussion: Corner of Clarke and Garden Way is wide and has tons of parking for the accommodation of the Seventh Day Adventist Church. There is no vision problems and the traffic count is low. Fardelmann asked what the warrant counts were for a yield sign. Olson said that there really isn't a number for yield signs, but they are more or less used to determine right of way. Thompson said he could not recall any accidents in this area. Olson said he found none reported. Morrison said his impression is that Garden Way could use a yield sign but that it is a residential area and travelers will be familiar with the area. He did not see the need for a stop sign. Heumann and Savko agreed. Decision: Morrison motioned for no action to be taken. Lambe seconded and the vote passed unanimously. 3. REQUEST FOR 4-WAY STOP AT WIMER STREET& SCENIC DRIVE Ms. Robynne Whitaker, 361 Scenic Drive, requested that a 4-way stop be considered for the Wimer Street/Scenic Drive intersection. WIMER Wimer is designated as a collector street in the Ashland Transportation Plan. It is 32 feet wide with a 5-6% slope at its intersection with Scenic Drive. Although this grade varies to over 18%just a few blocks away. Wimer Street has a heavy usage with traffic volumes of 1500-1700 VPD on both sides of the intersection. There have been six reported motor vehicle accidents since 1991. SCENIC Scenic Drive is designated as a collector street. It has a width of 30-34 feet with a 3-4% slope at its intersection with Wimer. Traffic flows are comparatively lower with ADTs of 400-500 VPD south of Wimer and 200-300 VPD north of Wimer. There are currently stop signs on Scenic Drive at Wimer. The intersection of Wimer and Scenic is a full 4-way, 900 intersection with traffic currently stopped on Scenic Drive. There are sidewalks located only on the north side of Wimer G:Dawn\Traf\Minutesylugust 99.doc between Scenic and N. Main Street. Fences, trees and shrubs have been allowed within two or three feet of the curb face. An extremely large spruce tree and hedge pose a vision problem at the southwest corner of the intersection. Staff recommends the removal of parking for the first 100 feet on Wimer Street, west of Scenic Drive, and enforcement of the vision clearance ordinance (ORD # 2052, 1979) as defined in AMC 18.08.820. Discussion: Morrison asked if warrants had been met for stop signs at this intersection. Laws said that based on accidents and the amounts of car counts explains the accidents. Morrison said it looked like the accident report for Helman and Van Ness, what is the difference? Olson agreed that they were very comparable in traffic volumes, the broad intersection and the clear vision but there is more commercial traffic along Van Ness and there was a clear right of way problem. Both intersections are so similar and have high volumes but the difference in the two is the grade and flow on Wimer creates an obvious right of way predominance. We don't have a right of way problem here. Morrison asked what the disadvantage of adding a stop would be. Olson commented that the noise would be an annoyance for the close proximity of the houses. And that it would be an unanticipated stop. Laws asked if the stop was on Scenic if that would create a difference. There would be a problem allocating the right of way for vehicles entering the intersection because of the grade. Laws said that the traffic on Wimer needs to become more visible for Scenic traffic. Morrison was in total agreement. The vegetation needs to be cut back. Savko asked if it had been considered to remove the 200 year old spruce tree. Fardelmann asked if the speed study had been performed. Olson was working on scheduling it. Lambe commented that they were traveling very quickly down these roads. Robin Whitaker, 361 Scenic, addressed the Commission. The children and pets are not safe walking on this street because of the visibility. The lack of sidewalks makes it a concern, especially with the foot traffic of Briscoe School. The continuation of the developments up the road also add to more congestion. Dorothy Davis owns a Bed and Breakfast on the corner. She doesn't agree with the addition of a four way stop, but would like to know about the possibility of a three way stop. The tree is on her property and she cannot trim it back any further. But it is kept at least one car length back from the street. She is concerned with the amount of commercial trucks using the street to travel to the development sites. She would be willing to remove her sidewalk to accommodate the addition of a sidewalk. Olson will gladly take her up on this offer and that this street was included on the TPAC List. Donna Reed, Scenic, drives the road often and coming north on Scenic toward Wimer on the Northwest corner there are cars parked 2-3 lengths that create a vision problem. You have to be in the intersection to see around them. Feels that almost half a block of no parking would be necessary. Olson informed her that that was the recommendation. Nicky Toume lives on the east side corner on Scenic and Wimer and thinks this is a wonderful idea. She would also like to see the addition of more speed signs. There is only one posted now. She did support the idea of sidewalks and crosswalks but is against the G:Dawn\Traf\Minutes\August 99.doc idea of stop signs. The vehicles would make a lot of noise and smells if they were stopped there. The properties are too close to the road to avoid this nuisance. Olson will contact the code enforcement officer to get the tree trimming looked into for some of the vegetation. Decision: Morrison moved to accept the staff's recommendation of no parking restriction and vision clearance and in addition would like to initiate a traffic speed study because of the unimproved flow of traffic down the hill and look into installing speed signs and reconsideration of a stop sign after the speed signs are installed at a later date. Snell seconded the motion. Laws clarified the motion with the addition of a 100 foot designation for parking and a request to the code enforcement officer, and the initiation of a traffic study and reinvestigate after these have been obtained. Neumann also remarked that the sidewalk addition needs to be addressed too. 4. PROPOSED EXTENSION OF THE CENTRAL ASHLAND BIKEWAY THROUGH RAILROAD PARK At the August 26th Traffic Safety Commission Meeting, a motion was made to try and alleviate some of the bicycle and vehicle conflict at the 8"' Street and A Street intersection by extending the Central Ashland Bikeway through the Railroad Park to 6th Street. With this extension along the north boundary of the park, additional opportunities to merge with traffic will be presented at 6"' Street, 5`" Street and at 4"' Street via a recently constructed alley. This connection would allow bicycle traffic to continue west toward Oak Street without entering the busy A traffic until reaching the 4`" Street intersection. This connection would also accommodate future plans for a street/rail crossing at 4'" Street allowing for connection to proposed bicycle paths on the north side of the railroad. The 8"' Street connection would remain and would become one of four connections to A Street rather than the only connection. Pending the allocation of funds for the work, Public Works crews could complete the construction if approved by Parks and by the Bicycle and Pedestrian Commission. Discussion: David Young, Bike & Pedestrian Commission came to speak to Traffic Safety on the realignment issues on 8"' &A Streets. Young commented that we should have a liaison for all of the Bike & Pedestrian and the Traffic Safety Commission meetings to discuss crossover issues. Bike & Pedestrian Commission unanimously supports the realignment of the path through the park. They also want to discuss other issue which are also important. The extension would only be a temporary fix. The path will continue to grow in popularity and the necessity for people to use A Street, especially children is a dangerous situation. Their concurrent proposal would be for the extension of the bikepath to Oak Street. The 8"' and "A"exit is an accident waiting to happen. Very dangerous to travel down A Street because of the narrow right of way for the bikepath. They would ultimately like to see the exit closed on 8`". Until that can happen could we paint hashmarks and install some warning G:Dawn\Traf\Minutes\August 99.doc signs and trim the hedges back? Some other thinking was to use the alley between 6`" and A Streets instead of the street, but it is not designated as a bikeway. There is a danger of the business that use it hitting someone. If the City can look into a ROW for this alley. Olson commented that the City has no right of way because of the proximity of the railroad tracks. Young asked if there is anyway to dedicate the ROW to cross the railroad tracks to make a path on the other side. Laws commented that there has been little success in dealings with the Railroad in the past. Olson said that when the connection to Oak Street was accomplished the public crossing will probably happen at either 4`" or 6`" Street. But this is still a plan and there is nothing definite yet. Laws asked if a ROW had been obtained for a bike/pedestrian crossing? No, would only consider an at grade crossing. Laws PUC and the Railroad want to close crossings, not create more. This is the future potential plan so you are requesting to speed up the design of and have the speed of light behind it. Young commented that the traffic congestion from the parked cars is great, but the same principal is very dangerous for bicycles. Could we put up signage to divert them from the street to the alley? Young felt that this would be okay for adults, but children on the alley could be even more dangerous, they are almost safer riding on the sidewalk. Laws reiterated that we had listened to a lot of testimony and considered many options and we feel that the 8`" and A Street stay open until the realignment through the park can be accomplished and we will need to send the Code Enforcement officer to the area to enforce the trimming of the hedges to conform to set back clearance. At the time we decided not to put a vehicular stop sign there because it would do no good. Other types of warning signs were preferred. Parks are supposed to trim the north side of A Street and bring up to code. Young asked what would be the option of signs for this to divert people off of A Street onto 6`" or 4`" Street. Olson commented that a "Bike Route This Way" kind of sign might be possible. We need to consider all of"A"Street at this time. Young asked if there was anyway to widen the sidewalk to use for bicycles and pedestrians. Traffic Commission felt it unwise to have several forms of pedestrians running into one another. Lambe asked if there was any place in town that we allowed bikes on the sidewalks. Thomas commented that there are some places downtown. Young said that the bikepath on Siskiyou gets widely used and they still have some forms of compromise with vehicles because there is not enough right of way in places. But we do not want to encourage blatant law breaking by allowing the bikes on the sidewalk. Morrison asked when the painting could be accomplished and when the realignment could happen. Olson said these things were weather driven, so probably next spring. Morrison commented that we have created a problem by exiting people onto a street and we have ended up creating more problems by trying to solve problems. We will continue as a group to look at different solutions. We have asked staff to do a traffic study on "A" Street with weekends and evenings included. We would like to wait for those numbers to consider other recommendations from this study. We do not want to separate and we would like to continue to work together with the Pedestrian Commission. Laws said there are two things for the commission to accomplish one for the Traffic Safety, Parks Department and Bike and Pedestrian Commissions to continue to work together and to continue brainstorming for solutions. G:Dawn\Traf\Minutes\August 99.doc Young asked if a diamond grade sign could be installed warning vehicles of the upcoming bikepath. Olson said one could be installed similar to the ones installed on Granite Street, but there were rumors that this sign would soon be limited to use only near school zones. ODOT feels it is becoming to widely used and is losing its impact. Decision: Morrison motioned for the closing of the 8"' Street access upon completion of the realignment of the path through the Railroad Park and that temporary warning signs be installed until that time. Savko seconded the motion and it was passed unanimously. 5. ANNUAL REPORT TO COUNCIL As we briefly discussed last month, the Traffic Safety Commission report to the City Council is scheduled for October 19, 1999. It was thought that it would be advantageous to have all members present so that the commission could be introduced to the council. Perhaps a spokesperson could be appointed to make a presentation of our past activities and other items such as any upcoming plans, goals, etc. Discussion: Olson and Curtis have been working on a PowerPoint Presentation. We need to discuss what topics to address and who will be speaking. Commission will all attend and they would all like to speak. Curtis will delegate different aspects to each member to coincide with the presentation. Fardelmann will introduce, Savko will do purpose, Lambe and Heumann can present the accomplishments, Snell can present the ongoing and Morrison can do the goals. Curtis will complete the presentation and write note for each Commissioner. Decision: Commission will meet in the Engineering Office on Tuesday Octoberl2th at 6PM to go over the presentation prior to the Council Meeting. 6. CITIZEN INVOLVEMENT SURVEY Discussion: Olson asked Commission to complete the survey and return it as-soon as possible. B. FOLLOW UP ON PREVIOUS TRAFFIC ITEMS: Bruce Moats, SOU Physical Maintenance Supervisor, update on Indiana Street. This was immediately implemented after approval and except for some minor complaints it has worked well to keep the construction area safe and running smoothly. Moats will return next month to ask for an extension. C. HANDICAP ACCESS ISSUES: None. D. TRAFFIC SAFETY EDUCATION COMMITTEE: -School Safety Program: None G:DawwraminutesWugust 99.doc -SOU Traffic Safety Committee: E. EDUCATIONAL OPPORTUNITIES -Child Safety Seat Clinic, September 25, 1999, Medford Fred Meyer Store -Oregon Transportation Safety Conference at Windmill Inn, Ashland, October 20-22, 1999 -Harborview Traffic Safety & Injury Prevention, Seattle WA September 22-24, 1999 F. GOAL SETTING — None. G. OTHER -Intersection Study- A meeting was held by City Staff to brief Kittleson and Associates on the scope of the project. Brian Ray, Kittleson Engineer, spent all day collecting information and maps and brainstorming with staff on ideas for this intersection. There will be some preliminary ideas coming soon. These will be distributed to the Commissioners for their comments. -Oregon Transportation Safety Conference- SOON! -Community Small Projects Mini Grant Program -Utility Billing, Correction of August Insert -House Bill 2082 — Highlights (gas tax) IV. INFORMATIONAL ITEMS A. Traffic Safety Notes B. ODOT Quarterly Report C. ODOT Transcript D. "Traffic Congestion is Here to Stay" E. "Stop Signs: Are they helping or hurting?" V. NEW/ADDITIONAL ITEMS — CELENA CALLISON PEDESTRIAN ACCIDENT ON SEPTEMBER 16 ON ASHLAND STREET Commission discussed the transportation plan for this area and the plan that was started for Siskiyou Blvd. for pedestrian use. Olson commented that we have had several calls regarding this accident and is surprised there are not more people here to speak on this matter. This area has always been a nightmare for pedestrians. Laws said this was the third fatality along this street. He would like to see the speed limit dropped to 30 MPH along Ashland Street. Morrison asked if anyone had looked in the Transportation Plan sent out by the state. There is a special recommendations in the SDA section on page 82 being considered for highways that transverse through cities. We may be able to gain some leverage for pedestrian safety. We may be able to install at least a median strip. Laws asked for Staff to check with Paula Brown on the jurisdictional exchange for this street to see what we can do and we could use some of the money to redo Siskiyou with bikepaths. The other relevant highway is 66 which is also a state highway going through a city. The new SDA might give us some leniency with state laws. BEYOND TRAFFIC CALMING We have the opportunity to present David Englewright while he is in the area. He is an expert on traffic calming and offers a two day course. He is passing through town towards the end of October and is willing to put on a workshop for a half a day but the cost is $6- 8,000. Olson will contact other cities to see if there is interest in splitting the bill. GRANDVIEW G:Dawn\Trawinutes\August 99.doc Neumann asked Olson where he was in the study of this intersection. Olson will rekindle this project. V. ADJOURN Meeting was adjourned at 9:20 PM. G:Dawn\Traf\Minuteswgust 99.doc MINUTES FOR THE STUDY SESSION MEETING ASHLAND CITY COUNCIL November 3, 1999 Civic Center Council Chambers, 1175 E. Main Street CALL TO ORDER Chairperson Laws called the meeting to order at 12:06 p.m. in the Civic Center Council Chambers. IN ATTENDANCE Councilors Laws, Reid, Hauck, Hanson, Wheeldon,and Fine were present. Mayor Shaw arrived late. Staff present: Assistant City Administrator Greg Scoles, Public Works Director Paula Brown, Director of Community Development John McLaughlin,and Parks Director Ken Mickelsen. Assistant City Administrator Greg Scoles that the item councilors had received summarizing the strategic planning session was preliminary information. Scoles explained that once this information can be looked at further, a piece discussing the preliminary goals will be prepared for an upcoming issue of the Ashland City Source. DISCUSSION: PROPOSED CENTRAL ASHLAND BIKEPATH & GREENWAY EXTENSIONS Public Works Director Paula Brown reviewed the status of the Central Ashland Bikepath(CAB)extension,as well as that of the Bear Creek Greenway. Noted that large maps had been placed on the wall for council viewing, and discussed the Ashland Parks and Recreation Commission's proposal for a extension of the CAB from Eighth Street at the Rail Road Park. Brown noted that the CAB is complete from Eighth Street to Tolman Creek Road,and explained that signage is being placed to identify the path and crossings. Emphasized that both the Traffic Safety Commission and the Bicycle and Pedestrian Commission have met to discuss aspects of the CAB,and the newly completed bikeway is receiving heavy use. Brown further explained that the proposed extension of the CAB at Eighth Street would give cyclists the option to go behind the Railroad Park to either Fourth or Sixth Streets,rather than crossing at Eighth. Brown pointed out that Director of Community Development John McLaughlin, is working on including the extension of the CAB in the plans for development of the Rail Road property. Noted that one concern had been raised over possible conflicts created by stopped train cars at this site. Brown informed council that McLaughlin had obtained Oregon Department of Transportation(ODOT)grant monies to look at options for this area,and emphasized that at this time,the only thing"written in stone" is the Transportation Systems Plan (TSP). Brown confirmed that the TSP shows the CAB with a connection at Fourth Street. Brown emphasized that there is no staff preference for Fourth Street versus Sixth Street. She also stated that there are eventual hopes for a connection to Oak Street. Brown explained that full, striped bike lanes are on the roadway at Hersey Street,and with an Oak Street connection these will provide an avenue to the Greenway(Hersey to Oak to Nevada to the Dog Park to the Greenway). Brown emphasized that the purpose of today's discussion is to provide a"big picture"view of the CAB and Greenway. Wheeldon emphasized that there is a need for a crossing at Sixth Street rather than Fourth. McLaughlin pointed out that because of the limited availability of grant funds,timing of the extension of the CAB will likely depend upon the pattern of development in the area. Explained that if there were a master plan in place,development could be required to provide the extension as part of the necessary infrastructure for new construction. McLaughlin pointed out that the railroad is opposed to a Fourth Street crossing. Brown explained for Fine that it would be impossible to do a bicycles-only crossing, and emphasized that the railroad has been opposed to any new City Council Study Session 11/03/99 Page I of 3 crossing. McLaughlin explained this further,noting that there is a federal mandate to reduce the number of rail crossings. McLaughlin suggested that while there may be some possibility of trading a crossing here for the elimination of an existing crossing elsewhere in the city, there was little likelihood of adding an additional crossing. McLaughlin also explained that there has been some support at the state level,but emphasized that it was his belief that realistically the number of different regulatory agencies that would need to be involved would create difficulty with a crossing here. Brown noted on the map that there was also difficulty with a crossing at Water Street. It was suggested that a more suitable location for a crossing would be to use Hersey Street or Van Ness Avenue as a means to connect the sections of the CAB. Brown explained that the yellow lines on the map were future possibilities, and stated that easements and rights-of-way were not yet set. Discussed the possibility of future development of the Billings property at the north end of town. It was noted that there was a likelihood that development here would provide for a CAB connection. Brown also pointed out that there is a need for storm drains to be addressed here,due to field Flooding. Brown noted city staff has not focused on a Greenway connection, as they have been working on the CAB itself. Brown noted that she has worked with Croman and LTM to look at CAB extensions at these sites. McLaughlin also noted that the section of the Greenway at North Mountain Avenue will be within the city limits. McLaughlin emphasized that 60-70%of the necessary easements have been obtained in this area, and that other property owners seem willing to provide them and will be contacted. Brown noted that staff will be working to involve both Jackson County and Rogue Valley Action Committee for Transportation (RVACT)in providing support for the Greenway and CAB extensions within Ashland. Brown noted that an extension of the CAB at West Nevada Street will come when Mountain Avenue is extended. Brown explained for Reid that the bridge here is included in the current six year plan, and McLaughlin noted that this will be funded by the recent transportation SDC increase. Brown noted that the next step has to do with easement acquisition. Laws emphasized that there is a need for the council to remain flexible as new developments occur, and not to become too attached to one particular vision. Laws questioned what will occur with the Siskiyou Boulevard design work that was done by the previous committee, now that ajurisdictional exchange is being considered. Brown explained that the previous design work will provide a starting point, and that she would suggest reconvening the committee to move ahead with further design work,taking into account changes that have occurred since their previous efforts. Brown also noted that she will be bringing back information on the jurisdictional exchange issue to a later meeting. DISCUSSION: LOCAL IMPROVEMENT DISTRICT(LID) PROPOSALS AND PROGRESS FOR FY `00 Brown explained that this update was being provided to council at the request of administration,to explain how the current process is working and what is on the list of projects. Brown emphasized that things change as new proposals are made by members of the community. Noted that the Penny/Palmer LID is coming before the council in early December, for construction in the spring of 2000. Brown clarified that the city portion of the project will be 40%of the cost listed. Brown also noted the success of the Central Avenue LID,which had only one property owner involved,and stated that there has been interest expressed by developers in the Strawberry Lane area. Laws agreed to moving the projects in Brown's council communication to first priority. Brown emphasized that staff doesn't have a priority,and without council direction,will not establish priority but will continue to move ahead with projects as previously planned. City Council Study Session 11/03/99 Page 2 of 3 Reid emphasized the need to move ahead, but recognized that there are concerns with growth in the Strawberry Lane area. Laws stated his support for the plan. Brown noted she will bring concerns to council when heavily traveled streets need to be addressed. Fine asked for some guidance relative to sidewalk policy, and explained he would be attending a meeting of the Penny/Palmer neighbors. Noted that they would like to pay for sidewalks now, but not have the sidewalks put in until development requires their placement. Council discussed the difficulty with putting in sidewalks once vegetation is established and agreements are forgotten. Shaw stated her belief that all sidewalks need to go in up front. Wheeldon agreed, noting that sidewalks can be built as a placeholder for eventual connections. Laws questioned changing ordinance relative to vegetation growth in the easement. McLaughlin noted that the current ordinance prevents this,but that difficulty arises in enforcement. Reid questioned the possibility of taking money for sidewalks in neighborhoods where sidewalks are not a priority now,and using the money now where they are a high priority. Shaw suggested that this would not be perceived well by the community. McLaughlin emphasized that even if they only cover short distances, sidewalks have usefulness within neighborhoods. Brief council discussion of the passage of the library and fire station measures in the recent election. Noted that the final voter turnout was 56.7%. Discussed the possibility of using the Hillah Temple as a temporary library branch, during construction at the Carnegie site. ADJOURNMENT The meeting was adjourned at 1:04 p.m. Submitted by Derek Severson,Assistant to the City Recorder City Council Study Session 11/03/99 Page 3 of 3 Council Communication Public Works Department Utility Easement Termination November 16, 1999 Submitted by: Paula Brown Reviewed by: Paul Nolte Approved by: Mike Freeman r Title: Termination of a 20-foot wide public utility easement located along the westerly boundary of the properties located at 260, 262 and 266 Wimer Street (39 lE 05DC 1901, 1902 and 1900). Synopsis: Approval of the attached quitclaim deed would terminate the City's interest in a 20-foot wide public utility easement located along the westerly boundary of 260, 262 and 266 Wimer Street (39 lE 05DC— 1901, 1902, 1900). A recent re-division of the three lots has re-aligned the boundaries and shifted the access and utility corridor from the west side to the east side of the lots. The change was made to provide a gentler access grade and to reduce the extent of retaining walls needed to support the driveway. A new utility easement has been created by the attached document. A new access easement was also established as shown on the attached survey plat. In summary, the access and utility easements have merely been shifted from the west side of the lots to the east side to accommodate more favorable ground slopes and conditions. Recommendation: It is recommended that the City Council adopt a motion to sign the quitclaim deed terminating the City's interest in the public utility easement established in Partition Plat No. P-122-1990. Background Information: In October of 1990 Richard and Ruth Sultan partitioned the one acre parcel at 260 Wimer Street into three lots. The parent parcel had a 130' frontage and a 309' depth. The two newly created lots were flag lots having 15' and 10' wide flags onto Wimer Street. The flags were located at the westerly boundary of the lots and were overlaid by a common public utility easement. (See attached map.) The new lots were never developed. Recently another land partition was approved which completely re-configured the lots including the location and layout of the flags and utility and access easements. While the property boundaries were altered by the new partition plat, the public utility easement still remained in its original location. A quitclaim deed was prepared by Jackson County Title Company to remove the unneeded easement on the west side of the property. New easements were created with the new land partition plat and by separate deed. F:\USER\dawn\ENGINEER\EASEMENT\Council Communication Wimer Easment Terrnination.doc I lD f n I co I m , = J 1 c z 1 2 z A I a a: r c loan: 3 1 A 3 3 ly kkf,' f,' no If Ne cz Q4 If ui t 7 z t z z 3 s z c z I I 1 1 1 7 z 2 z 1 3 1 a t Z I co 1 0) 1 —------------- Oct. 01, 1999 City of Ashland Jim Olson Public Works Dept. 27-1/2 N. Main Street Ashland, OR 97520 RE; 260, 262, 266 Wimer Street Dear Jim, Attached please find a"Quitclaim Deed." This deed has been prepared for granting back the utilities easement area on the West side of the parcels located at 260, 262, and 266 Wimer Street. Now that the utilities and access driveway have been moved and installed on the East side of the parcels there is no need for the area in question. It is my understanding that this item will be placed on the city council agenda for the Oct. 19, 1999 meeting. If this is not the case or if you have any questions please contact me at 541-840-1592. Thank-you for your attention on this matter. Respectfully, Larry A. Kellems WIMER STREET 4 ( DR WEST 130.0' ) _ ♦Su.21'_ (BA515_Of BEANiiCJ_' S88'55'22•W ID0. 14' f S89.58'25'W 130.00' 1 130.1 A' tqs c�-� — � 10' :PUE OUT SEE ROTE 1 BLDG W . . - //// NEW EASEMENT v O: v : .o� 1 HOUSE = PARCEL I - ; 1 _ n AREA = 0.364 AC. ---�� ^ 8 W 1 PARCEL 1 0W. 1 13,416 SO. FT• 1 0?c o b a S N N89'S6'31'E E'F�Zr�G�^�� s r ` 1 94• 8 x5.41' J. <` i� r ul '�C �� i� o PUE I to Q Jaf c(l `z V 0 N C Fla, ; 5' J I v 0. N; C), M HOP m ^,W�t PARCEL 2 \ 1—: o N Q W' 1 12.686 SO. FT. \ lW: w �. IN: ' PARCEL 2 uuii 10' 1 b , 1g; AREA =:0.248 AC. n W i 55?55'35 113.17' z N. UE N89.59'22'E cmi - { M 115. 19, Lu I PARCEL 3 14,164 SO. FT. o 15,49' PARCEL 3 a : AREA = 0.300 AC. m F0. 5/e' IRON PIN WITH a PLASTIC CAP MARKED 10• UTILITY 6 : fNO0.23'20'W 9.08' 1 ° -LS 107 t' PER S/H 11110 EASEMENT NOD*19".3 1,6W 9. 11 ' NO3.15.32'w . \ FENCE CDR BPS 9A 7 9.39 I, J P \ a5'' A .01' *t0' EASEMENT•' 0.5'. 1 �` 15.03' Q 9 0.2\ 0.5' PREVIOUS LOT LAYOUT REVISED LOT LAYOUT ..v­, lux —(76. -Is STATE OF OREGON, - C-I --------------------- County of-------------------------- - -- ---- -- --------------------- I certify that the within instrument ------------------orsni.;4�"ar4i Awmw----------------- was received for record on the ------ day -------------------------------------------------------- of------------------------------- 19.____,at -------------------------------------------------------- -----------o'clock _____.M.,and recorded in --------LARR_Y__AF_TjjTjR--KF-LLFM-S------------ book/reel/volume No. .______.___ an page O.Nus sl RESERVED --------------- and/or as fcc/file/instru- Arun ncordsoll.'suou ho IN—. not; FOR ment/microfilm/reception No. ------------ -------------------------- ------------------------------ RECORDER'S USE Records of said County. Witness my hand and seal of County --- affixed. Unix r x,utuold a thaxvole mad all tax N110 oulohl W INNN.AdefNIS,SIP): --------WANE---------------------TFiEj------- i II ------------------------------------------------------------ -------------------------------------------------------- By ---------------------------------Deputy. QUITCLAIM DEED KNOW ALL BY THESE PRESENTS that CITY OF ASHLAND, A MUNICIPAL--CORPORATION ---------- ------- ----- ----------------------------------------------------------------------- hereinafter called grantor,for the consideration hereinafter stated,does hereby remise,release and forever quitclaim unto---------- __________________1A RR.Y._ARTHUR--MLLEMS----------------------------------------------------------------------------- hereinafter called grantee,and unto grantee's heirs,successors and assigns,all of the grantor's right,title and interest in that certain real property, with the tenements, Itcreditaments and appurtenances [hereunto belonging or in any way appertaining, situated in _JACKSON---------------------County,State of Oregon,described as follows,to-wit: That public utility easement shown on the partition recorded II October 31, 1990 as Partition Plat P-122-1990 in "Record of Partition Plats" in Jackson County, Oregon and filed as Survey No. 12263 in the Office of the County Surveyor. OF SPACE INSUFFICIENT CONTINUE DESCRIPTION ON REVERSE) To Have and to Hold the same unto grantee and grantee's heirs,successors and Assigns forever. The true and actual consideration paid for this transfer,stated in terms of dol[an,is$ (1)However,the actual consideration consists of or includes other property or value given or promised which is❑part of the ❑the whole(indicate which)consideration.0(no Sentence between tae symbols 0,if not applicable.should be deleted,sae ORS 93.00,) In construing this deed,where the context SO requires,the singular includes the plural,and all grammatical changes shall be made so that this deed shall apply equally to corporations and to individuals. IN WITNESS WHEREOF,the grantor has executed this instrument this---------day of------------------------19____;if grantor is a corporation,it has caused its name lobe signed and its seal,if any,affixed by an officer or other person duly authorized to do so by order of its board of directors. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN --------------------------------------------------------------- THIS INS IN VIOLATION OF APPLICABLE LAND USE AND REGU- LATIONS.T BEFORE RUMENT SIGNING OR ACCEPTING THIS INSTRUMENLAWS T.THE PERSON City of Ashland by ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPRO. --------------------------------------------------------------- PRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES f AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. --------------------------------------------------------------- STATE OF OREGON,County of-----------------------------------)ss. This instrument was acknowledged before me on--------------------------------------- 19_____, by------------------------------------------------------------------------------------------------------ This instrument was acknowledged before me on---------------------------------------19------ by ----------------------------------------------------------------------------------------------------- as ----------------------------------------------------------------------------------------------------- of-------------------------------------------------------------------------------------- --------------- ------------------------------------------------------------------ Notary Public for Oregon My commission expires--- ------------------------------------- PUBLIC UTILITY EASEMENT Ruth Noemi Sultan, Bernard L. Stoffel and Deldra A. Kramer Grantor, hereby dedicates to the public of City of Ashland a perpetual easement for facilities of public utilities described as follows: Se. Exhibit A attached Providers of public utilities may use this easement for construction, reconstruction, and maintenance of their underground and above ground utility facilities. Such utilities shall also have reasonable rights of ingress and egress to and from such easement across Grantor's property. Public utilities that may use this easement include, but are not limited to, storm drainage, sanitary sewer, water, gas,. electric, telephone and cable television. CONDITIONS The Grantor, its successor and assigns covenant that they shall not construct any building, fence, retaining wall, or other structure, except standard surface paving, in the easement; shall not excavate adjacent to utility facilities and shall not reduce or increase the depth of the cover over any utility facilities without the city's written consent. A utility making any excavation pursuant to this easement shall promptly fill the excavation to grade of adjoining property, restore the surface and repair any damage to landscaping and irrigation. / Signed this A� day of_ 19911. OWNER{/G¢RANTTORR: RUTH NOEMI SULTAN v BERNARD L. STOF L DEIDRA A. KRAMER STATE OF OREGON COUNTY OF Jackson Ap/}'�p��regoing in t was acknowledged before me this ayof , 1 J0 , y Notary Public for Oregon A 3 I N ._..�- My commission expires - T Of FlCIAL SEAL +6l:':% JUi.k NINE ALSTAD �a;�+ NOTARY PVBLI�-OREGON �i �� COMMIS910N H0.627069 ACCEPTED BY IAY COMMISSION EXPIRES JANE 27,1007 AUTHORIZED SIGNATURE: TITLE: DATE: Y7E E'INIFY THIS TO BE A TRUE AND CO�2REDT COPY OF THE ORIGINAL ALKSON COUNTY TITLE 71VISA OF PREGON,15LE INS. CO. Council Communication Department of Community Development Planning Division November 16, 1999 Title: ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR PLANNING ACTION 99-062 FOR A SITE REVIEW PERMIT FOR THE CONSTRUCTION OF SIX APARTMENT UNITS (THREE DUPLEXES) BETWEEN HELMAN AND LAUREL STREETS. Submitted by: Mark Knox,Associate Planner Synopsis: Adoption of the attached Findings of Fact for the basis of approving Planning Action 99-062 for a Site Review Permit for the construction of six apartment units to be located between Helman and Laurel Streets. Recommendation: Staff recommends approval of the attached Findings of Fact. Background Information: The City Council, following proper public notice, held a Public Hearing on November 2, 1999 at which time testimony was received and exhibits were presented. The City Council approved the planning application as presented, but for a modification to condition#5 which conditioned the applicant to improve the rear alley with a'/4"minus gravel from Helman Street to the alley west of the site and the intersecting alley north to Van Ness Street. The subject planning action was approved by the Planning Commission on September 14, 1999 and later appealed to the Council by Mr. Rob Hirshboeck, on behalf of multiple petitioners, on September 21, 1999. t BEFORE THE ASHLAND CITY COUNCIL STATE OF OREGON, CITY OF ASHLAND IN THE MATTER OF AN APPEAL OF THE PLANNING ) COMMISSION APPROVAL FOR A SITE PLAN PERMIT ) FOR THE CONSTRUCTION OF SIX APARTMENT UNITS ) (THREE DUPLEXES) BETWEEN HELMAN AND LAUREL ) FINDINGS STREETS. THE SUBJECT PROPERTY IS ZONED R-3 ) OF FACT AND IS IDENTIFIED AS ASSESSOR'S MAP # 39-1 E-04CC ) TAX LOTS 2700 AND 2801. PLANNING ACTION ) #99-062. ) APPLICANT: DAVE GREENE. ) RECITALS: 1. This Planning Action was brought to the City Council by an appeal of the Planning Commission approval of a site plan permit, with conditions, by Rob Hirschboeck, et al. The appeal of the Planning Commission action was filed in a timely manner. 2. On November 2, 1999 the Ashland City Council held a public hearing on the application and considered the appeal request of the appellants. 3. During the public hearing the City Council accepted evidence and testimony from the Planning Staff, applicant and the appellants. 4. At the conclusion of the hearing, the mayor closed the public hearing and record and the City Council deliberated. Upon a motion duly seconded, approved Planning Action #99-062, with a modification of condition #5. THEREFORE LET IT BE HEREBY ORDERED that Planning Application 99-062 approved subject to compliance with the conditions stated in the Planning Commission Order dated September 14, 1999, with condition #5 therein amended to read as follows: ,,That the rear alley be widened to 12' and surfaced with 3/4 minus gravel from Helman Street to the alley west of the site and surfacing the intersecting alley north to Van Ness Street with the same 3/4 minus gravel." J AND LET IT BE FURTHER OF RECORD, that the action of the City Council in sustaining the approval of the Planning Commission for Planning Action #99-062 is hereby supported by the following findings: 1. This application for a Site Plan Review permit complies with the applicable criteria of the Ashland Land Use Ordinance, Section 18.72.070, which are as follows: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. 2. The City Council specifically finds that the Comprehensive Plan does not contain approval criteria for a Type I, Site Plan Review permit. 3. The City Council adopts by reference the following documents to support the decision of the Council: A. Ashland Planning Staff Report dated August 10, 1999 B. Ashland Planning Commission Order dated September 14, 1999 C. Applicants "Finding of Fact" entered into the record by the Applicant's agent on November 2, 1999. D. All evidence submitted as part of the record of planning Application 99-062 to the City Council on November 2, 1999. 4. The City Council finds that the condition requiring the applicant to widen the rear alley to 12' and surfacing it with 3/4 minus gravel from Helman Street to the alley west of the site and surfacing the intersecting alley north to Van Ness Street with the same 3/4 minus gravel meets the City's criteria for adequate transportation to and through the subject property. The Council finds that northbound trips will utilize the intersecting alley north to Van Ness, necessitating the improvement. BASED ON THE ABOVE, it is the finding of the Ashland City Council that Planning Action 99-062 application for a Site Plan Review Permit complies with the requirements of the City of Ashland and state law pertaining to such matters. Accepted and approved this 16th day of November 1999, by the Ashland City Council. Cathy Shaw, Mayor Attested by: City Recorder Council Communication Public Works Department Hendrickson Airport Hangar Rental Agreement November 16, 1999 Submitted by: Paula Bmwn Reviewed by Paul Nol[e 1 ��1 Approved by: Mike Freeman tttA Title: Hendrickson Airport Hangar Rental Agreement Synopsis: Richard Hendrickson recently qualified for and is occupying an open T-hangar at the Ashland Municipal Airport. Recommendation: Staff recommends the Council adopt a motion to have the Mayor and the City Recorder sign the attached standard month-to-month T-hangar rental agreement with Richard Hendrickson. Background Information: Ashland Municipal Airport keeps a listing of interested renters for the City's T-hangars. Recently a tenant relinquished their open T-hangar. Upon vacation of the previous tenant the next available renter on our"list"was Richard Hendrickson. Mr. Hendrickson has accepted the hangar and terms of the agreement. G:Paula\Council\Airport Monthly Rental Agreement CC.doc CITY OF ASHLAND T-HANGAR RENTAL AGREEMENT ASHLAND MUNICIPAL AIRPORT CITY OF ASHLAND, (CITY) RENTER: R. H. HENDRICKSON 20 E. Main St. ' Address: 444 MONTE VISTA DRIVE Ashland, Oregon 97520 ASHLAND OR 97520 (541) 488-5587 FAX: (541) 488-6006 Telephone: 541/482-6046 Date of this agreement: OCTOBER 12, 1999 111. T-Hangar Number: 413-6 112. Monthly Rental Fee: $124.00 ¶4. Commencement date: OCTOBER 1, 1999 113. Security Deposit: PAID T-Hangar Rental Agreement made on the date specified above by the City of Ashland and the person named above as Renter. City and Renter agree: 1. Description of premises. City rents to Renter the T-Hangar described above ("the premises") located at the Ashland Municipal Airport ("airport"). 2. Rental Fees. Renter shall pay a monthly rental fee in the amount set forth above. The rental fee is subject to periodic adjustment at the option of the City and is payable at the office of the fixed based operator, monthly in advance, on the first day of each month. Any fee required of Renter by this agreement shall, if not paid within 10 days after it is due, bear interest at the rate of 18% per annum from the due date until paid. 3. Security Deposit. To secure Renter's compliance with all terms of this agreement, Renter has paid City the sum specified above as a deposit. The deposit shall be a debt from City to Renter, refundable within 30 days after expiration of the agreement term or other termination not caused by Renter's default. City may commingle the deposit with its funds and Renter shall not be entitled to interest on the deposit. City shall have the right to offset against the deposit any sums owing from Renter to City and not paid when due, any damages caused by Renter's default, the cost of curing any default by Renter should City elect to do so, and the cost of performing any repair or cleanup that is Renter's responsibility under this agreement. Offset against the deposit shall not be an exclusive remedy in any of the above cases, but may be invoked by City, at its option, in addition to any other remedy provided by law or this agreement for Renter's nonperformance. City shall give notice to Renter each time an offset is claimed against the deposit, and, unless the agreement is terminated, Renter shall within 10 days after such notice deposit with City a sum equal to the amount of the offset so that the total deposit amount, net of offset, shall remain constant throughout the agreement term. 4. Term. The term of this rental agreement is month-to-month beginning on the date set forth above. 5. Use of Premises. Except as provided in this paragraph, the premises shall be used only for the storage of aircraft owned by Renter. Other items of personal property may be stored PAGE 1-T-HANGAR RENTAL AGREEMENT (p:airporM-hangar.w) temporarily when such storage in no way interferes with the normal storage area of the aircraft in the hangar, and does not otherwise violate this rental agreement. 5.1. Renter shall not store any flammable or explosive liquids or solids within the premises. For the purpose of this rental agreement, "flammable or explosive liquids or solids" shall not apply to fuel or other flammable contained within any airplane or automobile placed in the hangar. Fueling of the aircraft while in the hangar is strictly prohibited. 5.2. Renter shall not, without the City's written consent keep any pets or animals on the premises. If allowed, Renter agrees to be liable for damage to the premises or other persons caused by the pet or animal. 6. Compliance with laws. Renter shall comply with 6.1. The "Minimum Standards at Ashland Municipal Airport, Ashland, Oregon" adopted by the City Council on January 4, 1990 and as may be amended from time to time and the Hangar Lease Policy attached as Exhibit A and as may be amended from time to time. 6.2. All federal, state, county, and city laws, orders and ordinances, the rules and regulations of the City, and all rules and regulations of the State Department of Transportation Aeronautics Division and the Federal Aviation Administration. 6.3. Environmental laws. As used is this paragraph, the term "hazardous material" means any hazardous or toxic substance, material, or waste, including, but not limited to, those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. § 172.101) or by the United States Environmental Protection Agency as hazardous substances (40 C.F.R. Part 302) and any amendments, ORS 466.567, 466.205, 466.640 and 468.790 and regulations of the Oregon State Department of Environmental Quality, petroleum products and their derivatives, and such other substances, materials and wastes as become regulated or subject to cleanup authority under any environmental laws. Environmental laws means those laws cited in this paragraph. 6.3.1. Renter shall cause the premises and all operations conducted on the premises (including operations by any subtenants) to comply with all environmental laws. 6.3.2. Renter shall not use or allow any agents, contractors or subtenants to use the premises to generate, manufacture, refine, transport, treat, store, handle, recycle, release or dispose of any hazardous materials, other than at reasonably necessary for the operation of Renter's activities as contemplated under this rental agreement. 6.3.3. City shall have the right to conduct reasonable inspections and investigations of the premises and the operations conducted on the premises at any time and from time to time, and Renter shall cooperate fully with City during such inspections and investigations. 6.3.4. Renter agrees to defend (with counsel approved by City), fully indemnify, and hold entirely free and harmless City from and against all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the premises, damages for the loss or restriction on the use of rentable or usable space or of any amenity of the premises, damages arising from any adverse impact on marketing of space, sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees) which arise during or after the rental agreement term and which are imposed on, or paid by or asserted against City by reason or on account of, or in connection with, or arising out of Renter's generation, manufacture, PAGE 2-T-HANGAR RENTAL AGREEMENT (valrportWhangar.ae) use, transportation, refinement, treatment, storage, or disposal of hazardous materials, or any release of hazardous materials as a result of Renter's use or activities, or of Renter's agents, contractors, or subtenants. 7. Utilities. Renter shall promptly pay any charges for electricity and all other charges for utilities which may be furnished to the premises at Renter's order or consent. 8. Liens Taxes. Renter shall pay all sums of money that become due for any labor, services, materials, supplies, utilities, furnishings, machinery or equipment which have been furnished or ordered by Renter which may be secured by lien against the premises. Renter shall pay all real and personal property taxes assessed against the premises, such payments to be made no later than November 15 of the year in which the taxes become due and payable, and will submit a copy of the receipt for the taxes to the City's Director of Finance. 9. Indemnification. Renter shall keep, indemnify and defend and hold harmless City, its officers, agents and employees, from and against any and all claims, demands, suits, judgments, costs, and expenses, including attorney's fees asserted by any person or persons, including agents or employees of the City or Renter, by reason of death or injury to persons or loss or damage to property that allegedly results from Renter's operations, or anything done or permitted by Renter under this rental agreement, except for the extent attributed to acts or omissions of City or its officers, agents or employees. 10. Alterations or Improvements. Renter may not make alterations or improvements without the prior written consent of City, which consent shall not be unreasonably withheld. Prior to any construction, construction plans must be approved by the City in writing as to the physical and aesthetic design, site location, color, landscape design, parking, and land use. All alterations or improvements that Lessee may desire to make to the premises shall be done by Renter and at the expense of Renter. All work shall be done in a good and workerlike manner in compliance with all applicable building and zoning laws and ordinances. 11. Ground Maintenance. Renter shall maintain the premises and the grounds in and around the premises in a reasonably neat, clean and orderly condition. 12. Events of Default. The following shall be events of default: 12.1. Default in Rent: Failure of Renter to pay any rent or other charge within ten days after it is due. 12.2. Default in Other Covenants: Failure of Renter to comply with any term or condition or fulfill any obligation of the rental agreement (other than the payment of rent or other charges) within 30 days after written notice by City specifying the nature of the default. If the default is such that it cannot be completely remedied within the thirty (30) day period, this provision shall be complied with if Renter begins correction of the default within the 30 day period and proceeds in good faith to effect the remedy as soon as practicable. 12.3. Insolvency: Insolvency of Renter and assignment by Renter for the benefit of creditors; the filing by Renter of a voluntary petition in bankruptcy; an adjudication that Renter is bankrupt or the appointment of a receiver of the properties of Renter; the filing of an involuntary petition of bankruptcy and failure of the Renter to secure a dismissal of the petition within 30 days after filing; attachment of or the levying of execution on the rental interest and failure of the Renter to secure discharge of the attachment or release of the levy of execution within ten days. PAGE 3-T-HANGAR RENTAL AGREEMENT (p:airpoft-hangade ) 13. Remedies on Default. In the event of a default, the City at its option may terminate the rental agreement by notice in writing by certified or registered mail to Renter. The notice may be given before or within thirty days after the running of the grace period for default and may be included in a notice of failure of compliance. If the property is abandoned by Renter in connection with a default, termination shall be automatic and without notice. 13.1. Damages: In the event of termination of default, City shall be entitled to recover immediately the following amounts as damages: 13.1.1. The reasonable cost of re-entry and reletting including the cost of any clean up, refurbishing, removal of Renter's property and fixtures, or any other expense occasioned by Renter's-failure to quit the premises upon termination and to leave the premises in the required condition, any remodeling costs, attorney fees, court costs, broker commissions and advertising cost. 13.1.2. The loss of reasonable rental fee value from the date of default until a new tenant has been or, with the exercise of reasonable efforts could have been secured. 13.2. Re-entry After Termination: If the rental agreement is terminated for any reason, Renter's liability to City for damages shall survive such termination, and the rights and obligations of the parties shall be as follows: 13.2.1. Renter shall vacate the property immediately, and within 60 days remove any property of Renter including any fixtures which Renter is required to remove at the end of the rental agreement term, perform any cleanup, alterations or other work required to leave the property in the condition required at the end of the term. 13.2.2. City may re-enter, take possession of the premises and remove any persons or property by legal action or by self-help with the use of reasonable force and without liability for damages. 13.3. Reletting: Following re-entry or abandonment, City may relet the premises and in that connection may: 13.3.1. Make any suitable alterations or refurbish the premises, or both, or change the character or use of the premises, but City shall not be required to relet for any use or purpose (other than that specified in the rental agreement) which City may reasonably consider injurious to the premises, or to any tenant which City may reasonably consider objectionable. 13.3.2. Relet all or part of the premises, alone or in conjunction with other properties, for a term longer or shorter than the term of this rental agreement, upon any reasonable terms and conditions, including the granting of some rental agreement fee- free occupancy or other rental agreement fee concession. 14. Termination. Upon termination of the rental agreement by the passage of time or otherwise, Renter shall surrender the premises in good condition. 15. Assignment of Interest or Rights. Neither Renter or any assignee or other successor of Renter shall sublease, assign, transfer or encumber any of Renter's rights in and to this rental agreement or any interest in the premises, nor license or permit the use of the rights granted except as provided in this paragraph. Renter shall not permit the use or occupancy by others without written consent of City. If City does consent to such use or occupancy: 15.1. Renter shall still be responsible to City in accordance with this agreement; 15.2. Any sub-rent charged by Renter shall not exceed the rent charged by City; 15.3. The term of the sub-let shall not exceed six months. 15.4. The City may charge additional rent for such use or occupancy. PAGE 4-T-HANGAR RENTAL AGREEMENT (p:aim«tu-nan9ar.1s ) 16. Nonwaiver. Waiver by either party of strict performance of any provision of this rental agreement shall not be a waiver of or prejudice the parry's right to require strict performance of the same provision in the future or of any other provision. 17. Notices. All notices required under this rental agreement shall be deemed to be properly served if sent by certified or registered mail to the last address previously furnished by the parties. Until changed by the parties by notice in writing, notices shall be sent to the addresses listed on the first page of this agreement. Renter. CITY OF ASHLAND B BY Title Mayor BY ATTEST: Title City Recorder PAGE 5-T-HANGAR RENTAL AGREEMENT (p:aJrpoM-haagar.1m) Council Communication Public Works Department State Police Airport Hangar Rental Agreement November 16, 1999 Submitted by: Paula Brown Reviewed by: Paul Nolte f Approved by: Mike Freeman Title: State Police Airport Hangar Rental Agreement Synopsis: The State Police have been occupying a closed T-hangar at the Ashland Municipal Airport without a formally executed lease. The attached lease will satisfy all administrative requirements. Recommendation: Staff recommends the Council adopt a motion to have the Mayor and the City Recorder sign the attached T-hangar rental agreement with the Oregon Department of Administrative Services for the State Police plane. Background Information: The State Police have been occupying a closed T-hangar at the Ashland Municipal Airport. Their prior lease was not acceptable to the State Police Property Management Section. The lease was signed by an unauthorized person and did not contain the language required for their leases. The attached lease has been modified to add four sections specifically required for the State (see items 18—21 on the attached lease). Staff has found this an acceptable addition to our standard lease for this particular instance. G:Paula\Council\Airport Monthly Rental Agreement CC.doc F C I re-gon Department of Administrative Services �""' � Facilities Division 1225 Ferry Street SE ••.••9•• John A.Kitxhaber,M.D.,Governor Salem,OR 97310 (503)378-2865 FAX(503)373-7210 October 14, 1999 Paula C. Brown PAL) L City of Ashland � - 20 E. Main Street �- Ashland, OR 97520 Re: Rental Agreement with the Department of Oregon State Police, for space located at the Ashland Municipal Airport, T-Hangar#6, Ashland, Oregon. Enclosed are three (3) copies of the above-mentioned document. Please acknowledge the receipt of this Notice by signing all three copies and returning two copies to me for our records. Sincerely, mww Colleen Mohr, Property Manager Projects and Property Management Section Facilities Division 503-378-2865 Ext. 243 `•FF'-Il --1'?'.�'� 11.1:4N H�MLHlw r -'Ll�. J ✓ ✓ CITY OF ASHLAND T-HANGAR RENT AL AGREEMENT ASHLAND MUNICIPAL AIRPORT CITY OF ASHLAND, (CITY) RENTER OREGON 000 SERVICE E BUILDING 20 E. Main St. Address: SALEM, OREGON 97310 Ashland, Oregon 97520 ATTN: KEN WEE-SE (503) 482-3211 FAX: (503) 488 5311 Telephone: (503) 378-3725 EXT.,4600 Date of this agreement! JUNE 24, 1999 ¶1. T-Han ar Number: #b ¶2. Monthly Rental Fee: $140.00 114. Commencement date: JULY 1, 1999 ¶3. Security Deposit: $50.00 T-Hangar Rental Agreement made on the date specified above by the City of Ashland and the person named above as Renter. City :and Renter agree: Ls. City rents to Renter the T-Hangar described above ('the 1. ❑and R ion r ore premises,,) located at the Ashland Municipal Airport ("airport"). 2_ aPnt I Fees. Renter shall pay a monthly rental fee in the amount set forth above. The rental fee is subject to periodic adjustment at the option of the City and is payable at the office of the fixed based operator, monthly in advance, on the first day of each month, Any fee required of Renter by this agreement the due date until wihin 1 days after it is due, bear interest at the rate of 18% per a 3. Security To secure Renter's compliance with all terms of this agreement, Renter has paid City the sum specified above as a deposit. The deposit shall be a debt from City to other termination Renter, refundable by Renter's . City expiration of the the deposit agreement with its fund ainst Renter shall not caused by R Renters not be entitled to interest on the deposit City aldl when due, any damages caused by Renter's any sums owing from Renter to City P default, ing ag of air ore default is Renter's responsibility under this agreement. performing Y P be against the deposit its aloption,te addition to sive remedy in any of the above cases, but any other remedy provided by law or this may invoked agreement �l, claimed aga nst the dep sit. and, unless the agreement notice s terminated,Renter hall within 10 days after such notice deposit with City a sum equal to the amount of the offset so that the total deposit amount. net of offset, shall remain constant throughout the agreement term. 4. Term. The tens of this rental agreement is month-to-month beginning on the date set forth above. of Pre es. Except as provided in this paragraph, the premises shall be stored the storage of aircraft only far 5. Use ft owned by Renter. Other items of personal property PAGE 1-T-HANGAR RENTAL AGREEMENT (v:arWWfi.1-�W'®i temporarily when such storage in no way interferes with the normal storage area of the aircraft to the hangar, and does not otherwise violate this rental agreement. in the 5.1. Renter shall tef this rentalagreement explosive 'flammable orrdexplosive liquids ds or solids" premises. For the purpose shall not apply to fuel or other flammable contained within any airplane or automobile placed in the hangar. Fueling of the aircraft while in the hangar r consent ke p any pets or animals on the 5.2. Renter shall not, without the City premises. If allowed, Renter agrees to be liable for damage to the premises or other persons caused by the pet or animal. 6. Compliance with laws. Renter shall comply with 6.1. The "Minimum Standards at Ashland Municipal Airport, Ashland, Oregon" adopted by the City Council on January 4, 1990 and as may be amended from time to time and the Hangar Lease Policy attached as Exhibit A and as may be amended from time to time. 6.2. All federal, state, county, and city laws, orders and ordinances, the rules and regulations of the City. and all rules and regulations of the State Department of Transportation Aeronautics Division and the Federal Aviation Administration. 6.3. Environmental laws. As used is this paragraph, the term "hazardous material" means any hazardous or toxic substance, material, or waste, including, but not limited to, those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. § 172.101) or by the United States Environmental Protection Agency as hazardous substances (40 C.F.R. Part 302) and any amendments, ORS 466.567, 466.205, 466.640 oil um8 nd their derivativess,,raandr State Department of Environmental Quality p products such otheundsubstances,any environmental laws. Environmental laws meaends those laws cited in this authority paragraph. on the 6.3.1. Renter shall cause the premises and all operations a S Idenvionmental premises (including operations by any subtenants) to comply laws. 6.3.2. Renter shall not use or allow any agents, contractors or subtenants to use the premises to generate, manufacture, refine, transport, treat, store, handle, recycle, release or dispose of any hazardous materials, other than at reasonably necessary for the operation of Renter's activities as contemplated under this rental agreement 6.3.3. City shall have the right to conduct reasonable inspections and investigations of the premises and the operations conducted on the premises at any time and from time to time. and Renter shall cooperate fully with City during such inspections and investigations. 6.3.4. Renter agrees to defend (with counsel approved by City), fully demnify, and hold entirely free and harmless City from and against all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the premises, damages for the loss or restriction on the use of rentable or usable space or of any amesums tPn settlement ement damages claims,arising attorneys ny adverse impact on marketing of space, paid. the fees,and which are imposed on,consultant fees, and expert fees) which arise durin nst City by retason or o ant term or paid by or asserted aga or arising out of Renters generation, manufacture, account of, or in connection with. PAGE 2-T-HANGAR RENTAL AGREEMENT ra-.irn �^B^ '°' i SEP-03-1999 use, transportation, refinement, treatment, storage, or disposal of hazardous materials, or any release of hazardous materials as a result of Renter's use or activities, or of Renters agents, contractors, or subtenants. ricity utilities l Renter al which may befurn s premises to the pre ses at Renters order^or consent. charges for 8. Liens Taxes. Renter shall pay all sums of money that become due for any labor, services, materials, supplies, utilities, furnishings, machinery or equipment which have been famished or ordered by Renter which may be secured by lien against the premises. Renter shall pay all real and personal property taxes assessed iwhch1the taxesrbecome due and payable, and will no later than November 15 of they 's Director of Finance. submit a copy of the receipt for the taxes to the City g r�dPrn_if cation. Renter shall keep, indemnify and defend and hold harmless City, is officers, agents and employees, from and against any and all claims, demands, is persons, judgments, costs, and expenses, including attorney's fees asserted by any person including agents or employees of the City or Renter, by reason of death or injury to persons or loss or damage to property that allegedly results from Renters operations, or anything done or permitted by Renter under this rental agreement, except for the extent attributed to acts or omissions of City or its officers. agents or employees. 10. Alterations or Imoroyem nests. Renter may not make alterations or improvements without the prior written consent of City. which consent shall not be unreasonably withheld. Prior to any construction, construction plans must be approved by them 9 writing^dsu to ethAllPhysieal and aesthetic design, site location, color, landscape design, p alterations or improvements that Lessee may desire to make to the premises shalt be done by Renter and at the expense of Renter. All work shall be done in a good and workerlike manner in compliance with all applicable building and zoning laws and ordinances. the premises e— s in a reasonably neat,r shall eamaintain nd orderly rendition and the grounds in and around 12, Events of Default. The following shall be events of default 12.1. Defau_ lt r� Failure of Renter to pay any rent or other charge within ten days after it is due. 12.2. Default in Other Covenants: Failure of Renter to comply with any term or condition or other or fulfill any obligation of the rental agreement (other than the payment re f the default.t If the charges)within 30 days after written notice by City re f period, this default is such that it cannot be completely remedied within the thirty ( ) day provision shall be complied with if Renter begins correction of the default within the 30 day period and proceeds in good faith to effect the remedy as soon as practicable. of 12.3. Ins ene : Insolvency of Renter and inib meet by oyRan enter for the benefit Renter creditors; the filing by Renter of a voluntary petition is bankrupt or the appointment of a receiver of the properties of Renter, the filing of an petition involuntary petition of bankruptcy and failure of the Renter to secure n dismissal of the and fait ure of the Renter er to filing; discharge of helat levying t oexecution elease of the levy of execution within ten days. 13. Remedies on Default. In the event of�rd or regi registered mail to RentertThe notice may ied rental agreement b notice in writing by PAGE 3-T-HANGAR RENTAL AGREEMENT ro. wa.mi be given before or within thirty days after the running of the grace period for default and may be included in a notice of failure of compliance. If the property is abandoned by Renter in connection with a default, termination shall be automatic and without notice. 13.1. Damages: In the event of termination of default, City shall be entitled to recover immediately the following amounts as damages: 13,1.1. The reasonable cost of re-entry and reletting including the cost of any clean up, refurbishing, removal of Renter's property and fixtures, or any other expense occasioned by Renters failure to quit the premises upon termination and to leave the premises in the required condition, any remodeling costs, attorney fees, court costs, broker commissions and advertising cost_ 13.1.2. The loss of reasonable rental fee value from the date of default until a new tenant has been or, with the exercise of reasonable efforts could have been secured. 13.2. Re-entry After Termination: If the rental agreement is terminate r any rags Renter's liability to City for damages shall survive such termination, and the rights and obligations of the parties shall be as follows: immediately, and within 60 days remove 13.2.1. Renter shall vacate the property any property of Renter including any fixtures which Renter is required to remove at the end of the rental agreement term, perform any cleanup. alterations or other work the end of the term, required to leave the property in the condi 13,2.2. City may re-enter, take p ossession orf the pram is and remove any persons or properly by legal action or by self-help with the use of reasonable force and without liability for damages. or abandonment, City may 21et the premises and in 13.3. Reletting: Following re-entry that connection May-. 13.3.1. Make any suitable alterations or refurbish the premises, or both, or change the character or use of the premises, but City shall not be required to relet for any use or purpose (other than that specified in the rental agreement)which City may reasonably consider injurious to the premises, or to any tenant which City may reasonably consider objectionable. 13.3.2. Relet all or part of the premi es, alone or in conjunction with other s properties, for a term longer or shorter than the term of this rental agreement, upon any reasonable terms and other vtal conditions, including agreement the gantisig of some rental agreement fee- free occupancy 14. Termination. Upon termination of the rental agreement by the passage of time or otherwise, Renter shall surrender the premises in good condition. 15 egsii nRlent of Interest or Rights. Neither Renter or any assignee or other successor of ranted Renter shall sublease, assign, transfer ar encumber aryl of Renters rights in and to this rents b others agreement or any interest in the premises, nor license or permit the use of the rig 9 except as provided in this paragraph. Renter shall not permit the use or occupancy Y without written consent of City. If City does consent to such use or occupancy: in this agreement; 15.1. Renter shall i hC�; 15.2. Any u- en charged by Renter shall not exceed 15,3,The term of the sub-let shall not exceed six months. 15.4. The City may charge additional rent for such use or occupancy. PAGE 4-T-HANGAR RENTAL AGREEMENT raahwy°i 16. Nonwaiver. Waiver by either party of strict performance of any provision of this rental agreement shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. 17. Notices. All notices required under this rental agreement shall be deemed to be properly served if sent by certified or registered mail to the last address previously furnished by the parties. Until changed by the parties by notice in writing, notices shall be sent to the addresses listed on the first page of this agreement. 18. Compliance with laws. Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300, and the Oregon Constitution, Article XI, Section 7, Lessee agrees to defend, indemnify and hold harmless Lessor from and against claims,judgments, damages, penalties, fines, costs, liabilities, or losses which arise during this Rental Agreement term and which are imposed on, or paid by or asserted against Lessor by reason or on account of, or in connection with, or arising out of Lessee's generation, manufacture, use, transportation, refinement, treatment, storage, or disposal of hazardous materials, or any release of hazardous materials as a result of Lessee's use or activities, or of Lessee's agents, contractors, or subtenants. 19. Indemnification. The State of Oregon agrees to be responsible for any damage or any third party liability which may arise from its use of the Hangar subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300, and the Oregon Constitution Article XI, Section 7, to the extent of liability arising out of the negligence of the State. The State shall not be required to indemnify or defend the City of Ashland for any liability arising out of the wrongful acts of employees or agents of the City. 20. Non-appropriation. If sufficient funds have not been provided in the legislatively approved budget of Lessee, Department of Oregon State Police, to permit Lessee in the exercise of its reasonable administrative discretion to continue this Lease, Lessee may terminate this Lease without further liability to Lessor with not less than one hundred twenty (120)days prior written notice to Lessor. During such termination notice period, Lessee may negotiate with Lessor for continued occupancy in a portion of the Premises at a reduced rent. If that is not feasible on mutually acceptable terms, then the Lease shall terminate as notified. In determining the availability of funds to Lessee,Lessee will use the budget approved by the Oregon State Legislature or acts of the Legislative Emergency Board. 21. Interest and Late charges. Payment of overdue account charges and late fees attributed to a state agency are regulated by State statute ORS 293.462 attached hereto and by this reference made a part hereof. Renter CITY OF ASHLAND State of Oregon, acting by and through its Department of Oregon State Police BY Mayor BY � � ATTEST: City Recorder Approval State of Oregon, acting by and through its Department of Administrative Services BY Facilitie Division Dated PAGE S-T-HANGAR RENTAL AGREEMENT 293.455 PUBLIC FINANCIAL ADMINISTRATION 291.510; 1967 c.454 §63; 1977 c.126 §4; 1993 c.500 §62; 1993 procurement of the goods or services at the ,.694 §30; 1997 c.86 §21 rate of two-thirds of one percent per month, 293.455 Refusal of payment of unpres- but not more than eight percent per annum ented checks; duties of State Treasurer on overdue claims. in transferring funds; report to Division (4) Overdue claims shall be those that of State Lands. (1) After October 1, the have not been paid within 45 days from the State Treasurer may refuse payment of the latest of the following dates: The date of the unpresented checks or orders included in the receipt of the invoice, the date of the initial report referred to in ORS 293.450. In accord- billing statement if no invoice is received, or ante with procedures developed by the Divi- the date the claim is made certain by agree- sion of State Lands and approved by the ment of the parties or by operation of law. State Treasurer, the agency shall instruct However, overdue account charges shall not the State Treasurer to do the following: accrue on any purchases made by any state (a) Transfer and credit the amounts of agency during time of civil emergency or in the unpresented checks or orders dedicated the event of a natural disaster which pre- for general funding to the General Fund. vents the timely payment of accounts. In such instances accounts shall be paid in as (b) Transfer all other funds to the Divi- timely a manner as possible. sion of State Lands for deposit in the Un- (5) Where claims have been paid, the date claimed Property Revolving Fund within the of the check or warrant in payment of the Common School Fund Account. claims shall be used to determine if the claim (c) Transfer and credit the amounts of has been paid in a timely manner. It shall be the unpresented checks issued under ORS rebuttably presumed that the check or war- chapters 316 and 317 to the Division of State rant was correctly dated. Lands for deposit in the Unclaimed Property (6) Moneys for payment of overdue ac- Revolving Fund within the Common School count charges shall not be provided in the Fund Account. biennial budget of a state agency, but agen- (2) In each instance, the State Treasurer ties may make special requests to provide shall issue an official receipt for the amount moneys for such charges, separately from so transferred or credited. other budget requests in accordance with es (3) If the State Treasurer pays the owner Administrative Services. of an unpresented check or order included in the report referred to in ORS 293.450 before (7) In the event overdue account charges the funds are transferred to the division, this cannot lawfully be paid from federal funds, information shall be reported to the Division then such charges shall be paid from any of State Lands. [Formerly 291.512; 1967 c.454 §64; moneys available to the agency for payment 1981 c.188§l; 1993 c.694§31; 1995 c.340§l; 1997 c.86§§3,41 of administrative expenses. If other moneys 293.460 Recourse of owners of unpaid are not available to pay overdue account checks. The lawful owner of any check or charges, the agencyy shall submit to the Leg- order included in the report referred to in islative Assembly durin a legislative session RS 293.450, not presented to the State or to the Emergency Board during the in- O a request Treasurer for payment and not paid, there- terim between legislative sessions after may file a claim with the Division of for moneys to pay these charges. 11979 c.406 State Lands in the manner provided by ORS §21 98.392 and 98.396. [Formerly 291.514; 1967 c454 §65; (Duplicate Instruments) 1981 c.188 §2; 1993 c.500 §63; 1993 c.694 §321 293.462 Payment of overdue account 293.465 Surrender of instrument upon charges. (1) It is the policy of the State of payment. (1) As used in ORS 293.465 to Oregon to pay any overdue account charges 293.485: incurred by state agencies which do not (a) "Instrument" means a warrant, check PPromptly pay for goods and services provided or order, issued by the state, or by any by private businesses. board, department, commission or officer of (2) The overdue account charges to be the state. paid under this section shall be the same as (b) "Subdivision" means any county, mu- the usual overdue account charges to the nicipal corporation, quasi-municipal corpo- general clientele of the vendor. ration, or civil or political subdivision in this (3) Moneys appropriated from the Gen- state. eral Fund to an agency or the establishment (2) Subject to ORS 293.470, no instrument { of maximum limits for expenditures of an shall be paid until such instrument, or the 1! agency authorized to procure goods or serv- duplicate thereof issued under ORS 293.475, ices from private businesses shall be used to is surrendered and delivered to the officer pay overdue account charges incidental to charged with the payment thereof, con- Title 28 Page e 64 (1997 Edition) k I' I CITY OF ASHLAND ``y`OFAS/y �O Office of the Mayor 1' OREGON.....• MEMORANDUM TO: Council Members FROM: Catherine Shaw, Mayor DATE: November 12, 1999 RE: REQUEST FOR JUDGE PRO TEM APPOINTMENT I would like to request confirmation of the appointment of Ben Lombard, Jr., as a pro- tern municipal judge for the date of Sunday, November 21, 1999 so he may perform a wedding ceremony. City ordinances require such an appointment to be made by the Mayor and confirmed by Council. MAYORAL APPOINTMENT FOR CITY OF At $H�ANDC M� a� famous for Ll. Water° s By virtue of th a q ��es�d-ikme a , a e Cit of Ashland, Ore on r, a HO AS111and .. d §2. 8.200, 1 appoint Ben om f ;a_ jhlulici al,, e Eity Ashland, n.M1r! .r.. ii' pro tempore, or t p y #ra g a on • unday, November 21J 199 t I 1 " 1 � �t e 1,�v,�tiVlayor �Y Confirmed by the City Council of the City of Ashland, Oregon, at the regularly scheduled City Council meeting on November 16, 1999. Barbara Christensen, City Recorder CITY. OF ASHLAND F S..... a Office of the Mayor (541)488-6002 - IS 20 East Main,Ashland, OR 97520 (541) 488-5311 -Fax OREGON MEMORANDUM TO: City Council Members FROM: Catherine Shaw, Mayor DATE: November 16, 1999 RE: APPOINTMENT OF JIM WATSON I would like to appoint Jim Watson to the Economic Development Strategy Ad Hoc Committee. You may recall that at the September 21, 1999 Council meeting, City Council confirmed the appointments of eleven members, plus staff liaisons Mike Freeman and John McLaughlin to the newly formed Ashland Economic Development Strategy Ad Hoc Committee. Since the formation of the committee, and two meetings to date, it has been determined there is a need for a healthcare professional on the committee to represent that part of Ashland's economy. Jim Watson would be an excellent representative for the healthcare industry. Please confirm his appointment to be effective immediately. (UNFINISHED BUSINESS) OREGON SHAKESPEARE FESTIVAL PROPOSAL FOR NEW THEATER PROJECT BEFORE THE CITY COUNCIL CITY OF ASHLAND OREGON IN THE MATTER OF A PROPOSAL TO LEASE ) A MUNICIPAL PARKING LOT TO THE OREGON ) ISSUES OF CONCERN SHAKESPEAREAN FESTIVAL (OSF) TO ALLOW ) EXPANSION OF THE THEATER COMPLEX: ) ) I. INTRODUCTION: The Richard Stevens Company, LLC represents Sharon and Phillip Thormahlen, who own property on Hargadine Street adjacent to the proposed location for the theater expansion. The purpose of the discussion below is not to discourage the expansion of the Oregon Shakespearean Festival (OSF) theater complex, but to raise issues early in the process to insure that any significant conflicts can be addressed and do not go unresolved. It is obvious to everyone involved that the impact of the proposed OSF theater expansion reaches not only beyond the immediate area but beyond the boundary of the existing C-1-D zoning district as well. A "single purpose" review process is no longer adequate to assess the needs of the larger community. The issues discussed below are designed to open a channel of communication so that the entire community that is impacted by the proposed expansion of the theater complex has an opportunity to be involved, and realistic solutions to the issues can evolve from the process. Recognizing that the issue before the City Council this evening is limited to the potential lease of the Municipal parking lot, the discussion will be limited to this agenda item. Again, the purpose of this information is to make the City aware that there are community issues and needs beyond the lease of the parking lot to the OSF. 1 II. ISSUES: A. POTENTIAL CONFLICT WITH THE COMPREHENSIVE PLAN The Hargadine Street parking lot, which is the property proposed for the expansion of the OSF theater complex, is located in the C-1-D zoning district, which encompasses the entire Downtown area. This particular zone, incidentally, does not require developer-provided parking as a part of the development process. However, the Ashland Comprehensive Plan, Transportation Element, Policy 23 states: °Off-street parking for all land uses shalf be adequate, but not excessive, and shall not interfere with multi-model street uses (emphasis added)." This Comprehensive Plan Policy appears to be in conflict with Ashland Municipal Code Section 18.32.050(A), which exempts the C-1-D zoning district from parking requirements. Where a conflict exists between the Comprehensive Plan and a provision of the implementing ordinance, the requirements of the Plan prevail (ref: The Fasano Supreme Court decision). Reference is made to the "shall' provision, emphasized above, in Policy 23; this language becomes a mandatory requirement. Policies 24, 25 and 36 of the Transportation Element also have application in evaluating the need for and development of adequate parking in the Downtown area of the City of Ashland. As a matter of fact, parking (or the lack thereof) is critical in the C-1-D zoning district. The continued expansion of the OSF theater complex in this concentrated area will only exacerbate the traffic congestion, and further impact the other commercial aspects of the C-1-D zone. While there remains a symbiotic relationship between the OSF and the downtown commercial uses, the continued expansion of the OSF complex simply erodes the commercial viability of the area by consuming the few parking spaces in the vicinity. The continued development of the OSF complex will also further the erosion of the residential charcter of areas adjacent to the complex by increasing the pressure for on-street parking as well as increased traffic congestion in residential areas. These facts are verified by the Ashland Chamber of Commerce Downtown Ashland Parking Survey. 2 B. POTENTIAL USE AND LAND USE ISSUES: The information that was recently received by The Richard Stevens Company, L.L.C. indicates that the City of Ashland acquired the Hargadine Parking Lot using either State or Federal grant funds. In essence, most acquisition of property with grant monies generally requires the use to be identified (i.e, a specific purpose; in this case, parking). Further, Chapter 11.30 of the Ashland Municipal Code, which creates the Downtown Parking District in the C-1-D zone, contains a provision (Section 11.30.040) that all users of City electric utilities in the Downtown Parking District will be charged a fee of one dollar per month for each space required by the utility user, but not provided on private property. The purpose of this fee is to be used only for debt service on bonds issued for parking improvements, leases, and/or future parking improvements and studies. Since all users in the C-1-D district have a vested interest in the parking lot, and the City Council has a fiduciary responsibility for the operation and maintenance of the parking facilities under the provisions of Section 11.30.040, there may be a violation of the grant criteria, as well as the Ashland Municipal Code. C. TAKING ISSUE: The proposed expansion of the OSF theater complex is anticipated to increase the number of seats for the various performances by approximately 130 to 190 additional seats. While the proposal also includes expanding the parking on the Hargadine site by 36 additional spaces, the question of who will be using those spaces is of some issue as well. Currently, the staff and cast of the OSF utilize almost all the on-street parking along Hargadine, Pioneer and other adjacent streets as well. Given the success of the OSF this year (over 374 thousand visitors), it appears that 36 additional parking spaces begs the question. The increased commercially-oriented activity along the Hargadine/Main St. corridor has caused a significant impact by eliminating generally accepted property rights in terms of on-street parking, congestion, and use of public facilities, resulting in an undermining the property values on abutting residential uses along Hargadine Street as assigned to these properties by the Jackson County Tax Assessor. The lowered property values are a factual taking of a property right that is inherently supposed to be protected by the Residential zoning on the sites. 3 III. POTENTIAL SOLUTIONS. To resolve the community and neighborhood issues outlined above, two potential solutions are proposed. The first involves a long term review of the issues and would result in a community-directed solution. The second is designed to resolve our clients' immediate problems and ease the impact of the OSF expansion on their property as well as neighboring sites along Hargadine Street. Solution 1: Long Term Review Our long-term solution would require the examination of the existing Ashland Comprehensive Plan, particularly as it applies to the Downtown area, and expand the review to include the impacted area. There is a certain symbiotic relationship between the OSF and the immediate area, with the Festival of course being the dominate force. It is imperative that recognition to this fact be given and the impact of continued expansions examined in the light of not just the current program, but the long-term needs of the Festival. The following considerations within this Comprehensive Plan review are suggested: 1. A definitive area of potential theater and facilities expansion be established; (An OSF District?) 2. Pioneer Street be closed and maintained as a pedestrian way only; (no busses on Pioneer; Bus loading and unloading to be located on Main Street or off-site and festival-goers shuttled to the site (ala Britt Gardens). 3. Other land uses be examined to expand the uses allowed in relation to the theater complex area. This would allow, for example, rezoning of areas along Hargadine, Fork and Pioneer for uses that could be ancillary to the Festival. This examination could also review the current "Traveler's Accommodations" and "Bed and Breakfast" uses to allow more freedom of operation consistent with the Festival. 4. A parking area for employees be established away from the downtown area with a shuttle service (again, may also be used by theater patrons). 4 i Solution 2: Short Term Review: This solution will assist in reducing the immediate impact of continued expansion of the OSF theater complex on adjacent residential properties including the Thormahlen ownership. Suggested immediate solutions, which may later be incorporated into the Comprehensive Plan review noted above, are: 1. Amend the travelers accommodations ordinance to allow daily rental of residential structures without owners being required to be residents; 2. Close Pioneer Street and allow only pedestrian use, or, 3. Allow only local access to residential streets radiating from the C-1-D zone. These solutions offered herein are in the spirit of the recommendation of Federal Judge Hogan pertaining to the previous legal actions, when he strongly urged the parties (the Thormahlens and the City of Ashland) to resolve their differences. The Thormahlens offer these suggestions, and would welcome any dialogue with members of the City and the Festival to discuss how best to resolve these issues. IV. SUMMARY AND CONCLUSION: Factually, there have been, and will continue to be, significant impacts from the continually expanding OSF theater environment on the downtown Ashland area....both from a positive and negative view. It is imperative that recognition of these impacts be examined in a "geographic" perspective, and that the interrelationships between the various uses (OSF, the residential uses and the business community) be determined and creative solutions developed. RESPECTFULLY SUBMITTED: THE RICHARD STEVENS COMPANY, L.L.C. J. Michael LaNier 5 Page 1 1 From: "Swales" <colin @mind.net> / To: "Cathy Shaw" <fran @ashland.or.us>, "Carole Wheeldo... Date: 11/16/99 11:06AM Subject: Re: Festival Expansion Reply to Don Laws,Ashland City Council (cc to Mayor an other council members) Don, Thank you for your reply. I would like to make a few observations.. >>although the land is legally in City ownership, a good case can be made that it morally is"joint property."<< The EDA grant was paid to, and administered , by the City. The parking lots were developed , and the Black Swan purchased with this grant money. These properties were to"..........provide ancillary and support features for the theatre(Bowmar)being constructed...." (resolution-69-7). The balance of the grant was given to the OSF for this purpose. The Black Swan was leased to OSF in 1969 and they later converted into a 138-seat paying theatre in about 1977. ( I can find no evidence of a change of use permit for this conversion and obviously there was no provision for additional parking ). The EDA grant did not state that either property could be used for additional theatres. I therefore disagree with your assumption that the parking lot is joint property.It is owned by the City and was purchased, landscaped, paved and has been maintained for 30 yrs. at the expense of the taxpayers. It is not for the OSF to do with as they wish. ».......giving to a corporation is legal if it is done "for a public purpose...........<< It is my understanding that the City has been sued in the past over the proposed giving of grant money to a non-profit enterprise at the Old Armory. The benefit to the business community such as restaurant and B & B owners etc. of more tourists is unquestionable. However the benefit to the taxpayer of having so much 'non-profit'property in our City excluded from the tax rolls is another matter. I wonder what is the total real market value of tax exempt property in our City? >> .....I do not think the proposed theater will change the economic balance in Ashland significantly......« Surely it will - if such a large portion of our downtown is given over to this one corporation, it effectively prevents economic diversification in the very heart of our community. ».......The future of the Black Swan and Starbucks are outside the control of the City......« The OSF say that they cannot remodel the Black Swan nor purchase the adjoining property to allow for expansion on that site. This necessitates using the City's Hargadine lots for that expansion. I do not think this is the case and I question the extent of their efforts in this direction.Their plans show obvious joint agreement with the Starbucks owners in order to facilitate the development of the New Place above the Black Swan. I feel they have an expansionist agenda here that is not being made fully public. If they would allow access to their Board minutes as required by Oregon State Law one could find out. However, they are currently blocking such required accountability in the courts. I look forward to the continuing debate at tonight's meeting. Colin Swales From: Don Laws To: Swales ; oakpress @cdsnet.net ; Cathy Shaw ; Carole W heeldon ; Steve Hauck ; Cameron Hanson ; David Fine Page 2 Cc: Don Laws Sent: Tuesday, November 16, 1999 12:41 AM Subject: Re: Festival Expansion Dear Colin, Thanks for your ideas about the proposed OSF expansion. Although I do not have quite the same fear of"Shakspearean Imperialism" as you do, the questions you raise deserve answers before the City signs a new lease. We definitely need to see elevations of the proposed building(s)from several perspectives. We must consider what the project will look like and how it will impact the downtown. The portion of the Lodging Tax that goes to OSF is the main City subsidy, although one could count the value of the lease as a subsidy(Although it is important to remember that the federal grant to the City that allowed the development of the parking lot and Bowmer Theatre was a match for money raised by the Festival, and, although the land is legally in City ownership, a good case can be made that it morally is "joint property." The future of the Black Swan and Starbucks are outside the control of the City, and all we can ask is that any future redevelopment follow city laws. "Giving" is not forbidden under the City Charter, but the Oregon State Constitution does prohibit cities from giving to corporations. However, the Oregon Supreme Court has ruled that giving to a corporation is legal if it is done"for a public purpose." The present lease came about as a result an economic development grant that was intended to facilitate economic growth in an Ashland that was then in a recession, so it certainly was for a public purpose. Future leases will have to be justified in terms of"public purpose", also. I do worry about too much economic dependence on one industry, and we are promoting diversification through such efforts as the Ashland Fiber Network. Frankly, I do not think the proposed theater will change the economic balance in Ashland significantly. I have sort of jumped around your message unsystematically, but these are some of the responses I can make off the top of my head. Much more discussion needs to take place, and much more information assimilated. I certainly intend to look at all of it objectively. From the time I supported a ticket tax on OSF in the late 70s, I have not been a Festival Favorite, but they are an important part of our community and deserve to be dealt with dispassionately. Thanks again for your thoughts; keep in touch. Don Laws ----Original Message----- From: Swales To: oakpress @cdsnet.net ; Cathy Shaw ; Carole Wheeldon ; Don Laws ; Steve Hauck ; Cameron Hanson ; David Fine Sent: Monday, November 15, 1999 10:01 AM Subject: Festival Expansion Mayor and City Council Members, At the last meeting of the council I shared some of my deep concerns about the proposal for the OSF to lease further land from the City. Due to lack of time, I did not complete my statement and therefore am sending you the following. I feel that this subject is of paramount importance as the City shapes its future. 1. The proposal states needs the city property to build a replacement theater for the Black Swan. However, the Black Swan remains, and now, so does the Carpenter Hall. This proposal is for an additional 350 seat theater and 34 extra parking spaces, but at what cost to the scale and feel of our downtown. Dan Thorndike (jokingly?)said that the space needs of the Festival could require all of downtown. The Festival now owns shares of the Chateaulin Building and also the ABC/Red Threads . They now effectively control the entire Main Street frontage between Fortmillers and City Hall. If they are allowed build on Hargadine what will soon become of the Christian Bookstore, Flower Shop and the other Donovan building -Ashland Homes Real Estate ? 2. Their request to council states that the OSF is asking for the city to ...give us access to approximately 13,000 sq. ft of the Hargadine parking lot..:. This is just the 'footprint'of.the theater building. The total size of the lots that they want to incorporate into their lease is at least 47,500 sq.ft. Their initial proposal Page 3 showed a building of 32,242 sq.ft. on 4 levels including the basement. 3.Paul Nicholson stated the positive economic impact for the City. But he fails to mention that, like a financial revolving door, OSF also receives back 28% of all grant funds raised by the hotel/motel Tax. I doubt this is the total of City aid that goes to OSF. D 4. bviously the downtown parking problems are caused entirely by the festivals existing 2000 +seats. The are only 84 spaces in the Citys Hargadine lots. Anywhere else but in the heart of our city and they would be required to provide 1 off-street space for each 4 seats.. No w=Doesadding keep their campus downtown ? (There are plenty of spaces free now that the festival season is ov 0 seats and o nly 36 spaces help this situation ? OSF has offered to front the costs of he parking structure-is this to be repaid by the taxpayer later? 5. Their architect's drawings show the size of their new dream auditorium at 74 ft wide. The Black swan site is only 2 1/2 ft less than this in width. Have they really tried to fit it on that site? Even leaving the existing fountain and courtyard intact, a two story building of at least 20,000 sq. ft could fit on this site. To remove the Black Swan and rebuild is long overdue and during the summer alternative venues at the state-of-the art theaters at AHS and SOU could be made available. Oe . F's plans show reconfiguring of the small parking lot at the rear of Hill's Starbucks property and andscaping on that same property. This is presumably to facilitate their remodel of The New Place e the Black Swan. Yet they claim the owners of Starbucks are not willing to cooperate with the use of this site for their new theater. Have they suggested exchanging the parking at the rear of Starbucks in return for the Chamber of Commerce Main Street frontage?They have the financial muscle to make the Hills an offer they would find hard to refuse. It makes me think they want both the Black Swan and the rgadine Lot and the Carpenter Hall. They passed up the opportunity to buy the Mark Anthony at a bargain price. Have they explored the possibility of building over the Mark's parking or of relocating their 07. hop out of downtown and building on that site? he massive.size of the theater, 64'high fly tower and parking structure are completely out of scale a site and its adjacent residential neighborhood. It shows a disregard for the both City's downtown sign standards ( sect VI )and existing height ordinances. The advantages of the steeply sloping topography could allow any building and parking not requiring natural daylighting to be buried.The scheme presented puts the parking up on stilts and places the theater auditorium on the upper level, blocking forever the magnificent views available from Hargadine Street. 8. The OSF already enjoys a half-century lease that is effectively a 'giving'of City-owned property to a private entity.With the OSF now owning so many neighboring properties, to extend their lease further would also be an additional 'giving'as any future renewal of this lease could not be competitively bid. My understanding is that this giving is forbidden under the City's Charter. 9. Paul Nicholson requests that a new committee of 50 be formed to look into the future redevelopment of the City. The original committee, comprised mainly of business leaders, was formed to revitalize a depressed economy.With Ashland now being a destination resort town we need to look at ways of diversifying our economic base so that we do not fall prey to an economic downturn such as suffered by the timber-based economy of the 60's. It can happen again. A survey by the National Association of Homebuilders shows that we are now the 5th least affordable place to live in the nation. This is caused in part by the proliferation of low-paid service sector jobs caused by our tourism-based economy. I hope the foregoing gives you cause to reflect on the necessity for the Festival's expansion onto City property and that your ultimate decision will be based on what is in the best interest of the present and future well being of ALL our citizens. At a time when taxpayers are faced with an additional bond debt in excess of$8 million, is it appropriate to extend such beneficence to the Festival ? 61- � From: "Svwa|eo" <cu|in@nlindo � et� ' � ���'��-/^~^�''~ `� ` To: "Cathy Shaw" <foan@ash|and.ocua>. "Carole VVheedn.' D NOV 15 1" ata: 11/15/9910:01/\M Subject: Festival Expansion Mayor and City Council Members, -^^'''''''' /V the last meeting of the council | shared some ufmy deep concerns about the proposal for the OSFtu lease further land from the City. Due to lack of time, | did not complete my statement and therefore am sending you the following. I feel that this subject is of paramount importance as the City shapes its future. 1.The proposal states needs the city property to build a replacement theater for the Black Swan. However, the Black Swan remains, and now, so does the Carpenter Hall. This proposal is for an additional 350 seat theater and 34 extra parking spaces, but at what cost to the scale and feel of our downtown. Dan Thorndike (jokingly?)said that the space needs of the Festival could require all of downtown. The Festival now owmsaharaoofthmChoteau|inBui|dinganda|ootheABC/RedThneads .Theynmweffeutive|y control the entire Main Street frontage between Fortmillers.and City Hall. If they are allowed build on Hargadine what will soon become of the Christian Bookstore, Flower Shop and the other Donovan building -Ashland Homes Real Estate? 2.Their request to council states that the OSF is asking for the city to ...give us access to approximately 13,000 sq. ft of the Hargadine parking lot....This is just the lootprint'of the theater building. The total size of the lots that they want to incorporate into their lease is at least 47,500 sq.ft. Their initial proposal showed a building of32.242sq.ft. on4 levels including the basement. 3.Paul Nicholson stated the positive economic impact for the City. But he fails to mention that, like a financial revolving door, OSF also receives back 28%of all grant funds raised by the hotel/motel Tax. I doubt this io the total of City aid that goes toOSF. 4. Obviously the downtown parking problems are caused entirely by the festivals existing 2000+ seats. There are only 84 spaces in the City's Hargadine lots. Anywhere else but in the heart of our city and they would be required to provide I off-street space for each 4 seats . No wonder they want to keep their campus downtown ? (There are plenty of spaces free now that the festival season isover) Does adding 35O seats and only 3G spaces help this situation ? OSF has offered tnfront the costs nf the parking structure'io this tobe repaid by the taxpayer later? 5. Their architect's drawings show the size of their new dream auditorium at74ft wide. The Black swan site iy only 21/2ftless than this in width. Have they really tried to fit it on that site? Even leaving the existing fountain and court�mrdintoot, ob«x�story building nfatleast 20.000 nq.ft could fit on this site. Tn S rebuild overdue and �h alternative venuesat the remove�heB|ock Swan u ongovm uean during eaurnmer otate'of^the art theaters atAHS and SOU could be made available. 8.OSF'a plans show reconfiguring uf the small parking lot ot the rear uf Hill's Siarbuckn property and new landscaping on that same property. This is presumably to facilitate their remodel of The New Place above the Black Swan. Yet they claim the owners of Starbucks are not willing to cooperate with the use of this site for their new theater. Have they suggested exchanging the parking at the rear of Starbucks in return for the Chamber of Commerce Main Street frontage? They have the financial muscle to make the Hills an offer they would find hard to refuse. It makes me think they want both the Black Swan and the Hargadine Lot and the Carpenter Hall. They passed up the opportunity to buy the Mark Anthony ata bargain price. Have they explored the possibility of building over the Mark's parking or of relocating their prop shop out of downtown and building un that site ? 7. The massive size of the theater, 64' high fly tower and parking structure are completely out of scale with the site and its adjacent residential neighborhood. It shows a disregard for the both City's downtown site design standards (sect VI ) and existing height ordinances. The advantages of the steeply sloping Page 2 l topography could allow any building and parking not requiring natural daylighting to be buried. The scheme presented puts the parking up on stilts and places the theater auditorium on the upper level, blocking forever the magnificent views available from Hargadine Street. 8. The OSF already enjoys a half-century lease that is effectively a 'giving'of City-owned property to a private entity. With the OSF now owning so many neighboring properties, to extend their lease further would also be an additional 'giving'as any future renewal of this lease could not be competitively bid. My understanding is that this giving is forbidden under the City's Charter. 9. Paul Nicholson requests that a new committee of 50 be formed to look into the future redevelopment of the City. The original committee, comprised mainly of business leaders,was formed to revitalize a depressed economy. With Ashland now being a destination resort town we need to look at ways of diversifying our economic base so that we do not fall prey to an economic downturn such as suffered by the timber-based economy of the 60's. It can happen again. A survey by the National Association of Homebuilders shows that we are now the 5th least affordable place to live in the nation. This is caused in part by the proliferation of low-paid service sector jobs caused by our tourism-based economy. I hope the foregoing gives you cause to reflect on the necessity for the Festival's expansion onto City property and that your ultimate decision will be based on what is in the best interest of the present and future well being of ALL our citizens.At a time when taxpayers are faced with an additional bond debt in excess of$8 million, is it appropriate to extend such beneficence to the Festival 7 Colin Swales 4880939 colin @mind.net NOV-16-99 TUE 14 :22 B. THOMPSON 503+488 0407 P. 01 Brent Thompson P.O. Box 201 Ashland Or 97520 16 November 1999 Ashland City Council 20 East Main Ashland Or 97520 Re: Any City space needs project Dear members of the Council, A number of years ago the Ashland City Council decided that a policy of infill not sprawl was the least negatively impacting means of accommodating the growth that Ashland or any city might face, There are at least three reasons why the approach is sound. Infill results in less traffic generation because walking, bicycling, or public transportation are more feasible with infill than with peripheral development. That is because distances are less to everything in the core of a city than at the periphery. Shorter distances make transportation modes other than the car more practical than when distances are great. Infill also results in less destruction of habitat than sprawl. Areas at the periphery of the city are left more in their natural state thus more likely to sustain wildlife than areas covered by parking and buildings. Infill is also cheaper than sprawl because every square foot of asphalt must some day be resurfaced or replaced, and every linear foot of wire and pipe must some day be replaced. It is cheaper to replace these things over a smaller geographic area than over a larger one. It is also cheaper on a per capita basis because there are more people per square mile to share the costs. This said. I want to get to the main rmint of thic lattar When government wastes land by bulwing one story or two story bullaings well below permitted height limits, that government contributes to sprawl by using land less efficiently than it should. That sets a bad if not a hypocritical example. Thus, I ask the Council to spend the money to redesign the City Hall Project on the Hillah Temple site into a two or three story building, not a land wasting one story building. 1 also ask the Council to direct that the two fire stations be three stories with the main fire station having some underground facilities. I do not believe more land is needed to provide adequate facilities in either fire station scenario. A "drive through" station is an unnecessary luxury. For tho City itoclf to waotc land at the center of the city rrn,rril:.utr s to �N,awl type development. It increases the probabability of expensive traffic-generating, habitat- destroying annexations. Wasting land in City projects also drives out desirable adjacent businesses as is the case with the Blue Mountain Cafe next to the main fire station. Thank you for discussing this. P.O. Box 158 15 South Pioneer Street Ashland,Ongon 97520 Butinen 541 482-2111 Fax 541 4820446 Oregon Shakespeare` tstivaL Box Offish 541 482-4331 November 11, 1999 Ashland City Council City of Ashland 20 E. Main Ashland, OR 97520 Dear Mayor Shaw and City Council Members, In view of the upcoming Council decision regarding the Festival's plan for a new theatre, I thought it might be helpful for you to have a factual background on the development and ownership of the Hargadine Street parking lot. There have been somewhat conflicting statements made about this issue and I would like to clarify it in advance of your considering our request. Ownership and Development: The Hargadine Street parking lot is owned by the City of Ashland. It was constructed in 1971 as the second phase of the integrated"Oregon Shakespeare Festival Expansion Project",the first phase of which was the construction of the Angus Bowmer Theatre. Both phases were financed through a combination of OSF private fund-raising and a matching grant from the Economic Development Administration. Total project cost was $1,792,000 of which the Festival raised $896,000 and the EDA granted $896,000. No local taxpayer money was used for the project. As you can see from the attached letter dated April 8, 1969, the EDA grant was specifically made in relation to the City's application"for Federal assistance to construct or equip additional facilities for the Oregon Shakespearean Festival". The grant was made to the City rather than to the Festival because according to the then City Attorney, Harry Skerry, the EDA could only make grants to governmental agencies. So it made the contract to the City with the understanding that the City would in turn make a contract with the Festival. The City, in effect, acted as an intermediary. In its Evaluation of the Oregon Shakespearean Festival Expansion, April 1972 the EDA Office of Administration and Program Analysis wrote: "In August 1968, Jackson County was notified that it was qualified, on the basis of its high unemployment, to become an ADA-designated redevelopment area. Tom Current, the EDA Representative for Oregon, held meetings with local officials in the County to explain EDA's program. In giving an example of a possible kind of public works project appropriate for the area, he mentioned the proposed Shakespearean theatre project as one which would certainly have an impact on the tourism industry of the area. The Ashland Development Coordinator, who attended the meeting, quickly took up the idea. He and Ashland's City Manager presented the Festival Board with the idea of applying to EDA for a public works grant to finance construction of the new theatre. The City of Ashland was the applicant, with the condition that it"retains title but transfers operation and maintenance responsibilities of all Shakespearean Theatre Facilities to the Oregon Shakespearean Festival Association, Inc., a nonprofit educational corporation." The project was to include a 600-seat indoor.theatre, box office facilities, scene shop, mailing room, exhibit hall, office space and parking lot and street intersection development. The total project cost was estimated to be $1,659,240 (revised to $1,792,000 before project approval),with the local matching share being available from the Oregon Shakespearean Festival Association Building Fund[emphasis added]". At the Festival Board meeting on January 13, 1969, a crucial resolution was passed. In part, this read, "The Oregon Shakespearean Festival Association does hereby agree to donate and deliver to the City of Ashland the sum of$939,444 less the hereinafter mentioned expenditures as project costs are incurred with the execution by the City of Ashland of an agreement with the Economic Development Administration for the construction of said project...It is understood that there shall be deducted from the aforementioned donation such expenditures which may be approved by the Economic Development Administration which have been made by the Oregon Shakespearean Festival Association prior to the delivery of said funds." The resolution went on to state that the Festival and the City agreed to perform"all the duties and obligations of any and all agreements heretofore or hereinafter entered into by the Oregon Shakespearean Festival Association with regard to any portions of the said project,provided that the City of Ashland prior to the disbursal of any funds donated or delivered by the Oregon Shakespearean Festival Association shall receive the approval ofsuch disbursement by the designated representative of the Oregon Shakespearean Festival Association [emphasis added]." The italicized section of the above paragraph reveals that the Festival donated the funds to the City but was ultimately in charge of the disbursal of all funds raised for the project. On August 29, 1969, the City of Ashland and the Oregon Shakespearean Festival Association signed the lease that still covers the operation of the properties developed through Phase I of the expansion project. This lease says, in part, "Lessee shall have sole and exclusive possession and use of the above described premises, improvements, facilities and equipment thereon during the entire term of this lease for theatrical productions and for such other purposes as Lessee may by its present Corporate Charter be authorized to engage. It is understood and agreed that the Lessee shall grant to and encourage any civic groups, professional organizations or governmental agencies temporary use of the theatre portions of such premises and facilities when such use will not interfere with the operation of the activities of the Lessee...[emphasis added]." In a letter dated September 2, 1969 to the Medford Mail Tribune, the then Ashland City Administrator, Gary Boshears, stated this about the project: "The City of Ashland has a signed grant agreement with the Economic Development Administration whereby EDA will provide $896,000 in grant monies to match $896,000 `local' money in order to expand the City-owned Festival facilities. The Shakespearean Festival has donated to the City the entire `local share' of $896,000 for the project. The purpose of the expansion project is primarily to gain an economic impact on the local area. These facilities, including not only the indoor theatre now nearing completion but also the exhibit hall, scene shop and the facilities for the Institute of Renaissance Studies, as well as the large off-street parking lot [emphasis added], will help to create additional jobs in the Southern Oregon,Northern California area." In addition to the funds the Festival donated to the City for the project, the Festival also transferred ownership to the City of the Elizabethan Theatre,the Black Swan building, the"Bricks" Courtyard and the OSF Administration Building (the First National Bank building) on the corner of Main and Pioneer Streets). The project was to be developed in two phases. A copy of the original map delineating Phase I and Phase II is attached. The original OSF/City of Ashland lease was not amended to include the Phase II properties. At the Festival Board meeting on September 2, 1970, it is noted that Brian Almquist, City Administrator, "stated that the Festival has until the 121i of September to accept the Phase II bids of August 131i". At the same meeting, former City Development Coordinator, Dick Soderberg, recommended that"the Board go ahead on the parking lot". These statements indicate that the City Administration believed this was a Festival rather than a City of Ashland project. At a special OSF Board meeting on September 10, 1970, the following motion was passed: "That OSFA recommend that the Ashland City Council let the $165,000 contract for Phase 11". This indicates that the City Council was responsible for the administration of the Phase II contract under the guidance of the Festival Board. Copies of the documents referred to above are available in the City Administrator's office. Chronology: August 1968 Jackson County notified of EDA qualification November 1968 Public works application for Festival theatre project sent to EDA December 1968 Construction begins on Angus Bowmer Theatre April 1969 Theatre project grant approved by EDA May 1969—September 1970 Acquisition of land for parking lot(six parcels) August 1969 OSF/City of Ashland lease signed October 1969 Construction completed on Angus Bowmer Theatre October 1969—July 1970 Construction of Hargadine Street parking lot Conclusion: The documents referred to above clearly reveal that the construction of the Hargadine Street parking lot was an integrated, second phase of the Angus Bowmer Theatre expansion project. The land was acquired and the parking lot constructed using funds generated by the Festival from both private and Federal (EDA) sources and then donated to the City of Ashland. I hope this is helpful background. Yours sincerely, O g Shakespcare, Festival Paul E. Nicholson Executive Director PEN/ljc �'- THE ASSISTANT SECRETARY OF COMMERCE <tiT WASHINGTON, D.C. 20230 - In reply refer to: Project No. : 07-1-00567 APR 8 1969 Administrator and Common Council City of Ashland City Hall Ashland, Oregon 97520 Gentlemen: I am pleased to enclose herewith five copies , two of which have been signed, of an Offer of Grant in an amount not to exceed $896,000 issued pursuant to your application for Federal assistance to construct or equip additional facilities for the Oregon Shakespearean Festival , Ashland, Jackson County, Oregon. The total project cost is $1,792 ,000, which is based on the line item estimates contained in Attachment No. 1 hereto. Your acceptance should be indicated by the signature of your principal official on one of the copies of the Offer of Grant signed by me. The accepted copy should be returned to the Director, t4tstern Area Office, Economic Development Administration, 415 First Avenue , North, Seattle, Washington 98109. You are cautioned not to make any commitments in reliance on this grant, nor to enter into negotiations relative hereto, until you have carefully reviewed the terms and conditions and have determined that you are in compliance or that you can comply therewith. Any commitments or undertakings entered into prior to obtaining the approval of the Government in accordance with its terms and conditions will be at your own risk. Sincerely yours , -<'4 V' 0"'a� �-' Robert A. Podesta Assistant Secretary for Economic Development Enclosures � �j � EiIV chairman Richard C. Cottle Tity 11f 'As4latt i M<mbere - Sidney Ainsworth ASHLAND, OREGON 97330 Elmer Blegel Chester Carry 503482-3211 Chester John Cotton William Dawkins Donald Lewis Edd Rountree IJoyd Selby Development Coordinator June 25 , 1969 • Richard Soderberg ':�Nshlait;t �£17E I3LLEItf �IILtt3ttI58IIItt TO : Gary Afseth, Architect Gary Boshears , City Administrator Jack Edson, Architect - Robert Knoll , OSFA Public Relations Director Robert Morrow, Contractor William Patton, OSFA General Manager Ron Penninger, Architect Gil Schatz, Construction Engineer David Wallace, EDA Construction Manager FROM Richard L. Soderberg , Development Coordinator SUBJECT: Letters to EDA .This is to advise you that EDA has requested that we be sure to include our EDA .Project No . 07-100567 in all correspondence to be sent to EDA for their records. As further breakdown, please indicate if the correspondence is covering Phase I or Phase II of the project as shown on the attached map . I't seems that in the past, some of our material has been temporarily sidetracted because our EDA project number was not included on official correspondence. We know you will understand the situation, and I am sure this will help us to route materials more expeditiously. 4Ric er erg caw Attachment 0 f, ..M .. o 0 - - ----- .... ....... .. ..� .,_... .. . � o t o 2 I I I i LEGEND Project boundary PRE L.1 M.1 N A R Y Parking Project bldg.(uses noted) Development -..Plan BEE.D.A. Landscaping ME H.U.D. Landscaping OREGON f 1 p)lT M.. DAi6: S11 jF�6�i(VA.1 SCALE. AM ADR/ ASHLAND DEVELOPMENT pCAOMIM1I8SS)LIO ON=.1AAnland.0rK3J a 8 n —id L RWN:VA G S. Du November 16, 1999 Madam Mayor and Members of the City Council, NAME: George Kell 184 3/4 Hargadine I have lived at this residence thirty-one years. I pay all taxes including city, county, and I also pay property insurance. My mobile home is on a Grandfathered Non-Conforming Lot. My concern and questions are about the construction zone traffic which will undoubtedly occur on Hargadine between Fork and First Street for about one year or more. With heavy construction equipment such as cement trucks, steel beam trucks, and other miscellaneous construction equipment, and I hope residential private automobiles will be allowed to park. I am concerned about all emergency vehicles: fire, ambulance, and others finding passage through this zone. Approximately two years ago former Police Chief Brown met with me on the same location to discuss the same questions. We tape measured from the gutter on one side of Hargadine to the gutter on the other side. By coincidence, there was a motor home parked on one side, and a tourist bus on the other. Although there are no bus parking signs on the east side of Hargadine, this happens all the time, and on some occasions, daily permits are issued by the Police Department or the City. Chief Brown and I discovered that it was all but impossible for the average size automobile to pass, but impossible for any emergency vehicle. We moved up to Vista Street and found it to be worse because it is a much narrower street. With the increase of future seating and extra traffic brought on to my street, it would leave a negative impact on the livability of my residence. I also plan to bring this matter to the attention of the Planning Committee. (continued) Madam Mayor and Council Members Page 2 I have four questions for the council. 1) If Hargadine Street is to be barricaded in the p.m., between Fourth and First Street, what type of emergency passage will be available? 2) How can I be assured that emergency equipment will be able to reach my house in time of need? 3) I would like to be guaranteed that if an emergency vehicle could not reach my residence in time, and it was destroyed, will I be able to replace or rebuild on this lot? 4) Finally, I would like some kind of resolution be made in this regard before any construction begins on this project. I believe this is a lose-lose situation for all the residents on Hargardine. Thank you. George W. Kell Alex C. Krach P.O. Box 471 Ashland, OR 97520 ( 541 ) 488-4385 November 9 , 1999 Honorable Mayor and Council City of Ashland 20 East Main Street Ashland, OR 97520 Dear Mayor and Council: I am contacting you today in order to offer my support for the Oregon Shakespeare Festival ' s new theater development plan. I believe that we, as a city, have a wonderful opportunity to strengthen and grow a valuable resource for both our citizens and visitors alike . During past months, I found it necessary to disagree with the Festival ' s desire to relocate Carpenter Hall. I felt that moving a historic and valuable structure was not in the best interest of this community. I have had the opportunity to participate in the public forums held by OSF and am delighted that they have decided that Carpenter Hall will be preserved in its current location, and will be available for community use during the off-season. While the public forums were at times vocal, I am heartened that I was afforded the opportunity to make my feelings known. The festival allowed the community to speak, and they responded. This is an example of public affairs at its finest, and I cannot ask for more . I am very pleased with the designs for the new theater. I believe that they are compatible with both the OSF campus and the surrounding neighborhood. The Festival ' s willingness to redesign the adjacent parking lot is to be commended. We are all acutely aware of the importance of the Festival on this city. OSF provides a tremendous financial windfall to our local economy and our citizens . We are a tourist destination largely because of the OSF, and we should not forget this . As important though, is the Festival ' s social impact. The value of the arts is more important now than ever. People need forums where we can come together and exchange ideas , and simply be together as a community. OSF ' s performances and educational programs are such a forum. In a world of soundbites and quantitative analysis , it is this aspect of OSF that is of most value to me . I know that I need not say it, but we really have something terrific here, and we need to do what we can to nurture and grow it. Providing your support to the Festival now will allow it to ensure a successful future into the millennium. By doing so, you also make a positive move toward giving us , as citizens , a wonderful resource . As a city, it behooves us to support OSF. When I began my foray into helping to preserve Carpenter Hall, I knew that there must be a way for OSF to be able to grow without relocating this historic resource. By working together with the public , OSF has found a way to move forward. Now it is your turn. Please support this plan. It represents some of the best of Ashland. People coming together to find a solution, moving forward while preserving our past. Respectfully submitted, -<4 of Alex C. Krach i WILLIAM W. PATfON p` TREETOPS - I 10 TERRACE, ASHLAND, OR 97520 November 4, 1999 Ashland City Council Attn: Mayor Cathy Shaw Ashland City Hall Ashland, Oregon 97520 Dear Council Members: It will not be possible for me to attend the Council meeting on November 16, hence this letter. Since I was unable to speak at last night's meeting, I want to go on record as being fully supportive of the Oregon Shakespeare Festival's proposal for the replacement of the Black Swan Theatre along with a two-story street level parking structure on the present Hargadine Street parking lot. This proposal is especially gratifying to me since I spent a portion of the last half of my fifty years with OSF attempting to gain support for a two level excavated parking structure with the second deck landscaped and level with Hargadine Street. I was never able to secure support for this idea, but at last its time has come! I believe this project can also serve as a catalyst to gain community support toward resolving the larger problem of transportation and parking throughout the Ashland core area. The challenges of keeping an arts organization alive and thriving, especially if that organization has a long record of success, are not always fully appreciated by lay people. Perhaps many in the Ashland community assume that a successful theatre operation here is simply a given, that OSF has unlimited resources and could easily track any future course it desires with no peril. May I add a cautionary note: In the arts, success and longevity are never a gift. There is no room for complacency or artistic languor, and even artistic brilliance requires a lot of very hard work in its support. OSF's history reveals an extraordinary record of steady yet conservative growth in support of an artistic vision that was seeded by Angus Bowmer. The lives of our audience are enriched through the presentation of a splendid canon of plays. Libby Appel is proving to be an artistic leader of integrity and vision. Paul Nicholson's expertise in long-range planning and business acumen has been a boon to the organization for over twenty years. Perhaps better than most, I can appreciate the rigors under which Libby and Paul lead the theatre. The challenge of gathering artistic personnel, arduous fund-raising over a wide geographic area, and careful stewardship of the resources of the company, volunteers, members, and donors is no picnic. Space needs for rehearsals, educational programs, technical support, creative workrooms, etc. may not be evident to the audience or the general public. Nor is the complexity of the scheduling demanded by the repertory production system widely understood. It is not greed that keeps the Festival's facilities from being available to a wide-range of community events. It is because they are in use with internal needs, many of these needs invisible to the public. OSF has a good record of community involvement as well as cooperation with other performing groups. These positive relationships will undoubtedly continue. But how the Festival's facilities are used should be determined on the basis of OSF's primary mission and not on the needs of other organizations. I urge you to endorse OSF's proposal and allow it to move forward. Sincerely, ' tlk William W. Patton Executive Director Emeritus Oregon Shakespeare Festival cc: Ashland Daily Tidings �I Nov-12-99 11 :07A Mt Park Dev • LLC 541 482-5968 P •02 MOUNTAIN PARK DEVELOPMENT. LLC November 12, 1999 To the Honorable Mayor and Ashland City Council: I regret not being able to be at the Council meeting on Tuesday, November 16th. I would like to express my support for the Oregon Shakespeare Festival's new theatre and the expanded parking structure. Paul Nicholson and the Festival Board and staff have worked extensively to come up with an excellent plan. We have also had conversation regarding the possibility of extending the two tiered parking structure across the existing lot of the Mark Antony Hotel. 1 would of course need to reserve the building rights above such a structure for future expansion, but 1 am excited about the possibilities of such a partnership with the Festival and the City. We are looking forward to the future improvement of the parking situation and with the council's ideas and support we will all arrive at the best solution. Sincerely, ` Iv euman Managing Partner , 4240 Clayton Road Ashland.Oregon 97520 Phu ie/Fax 541.482.5968 CCB& 09977E Commentary %(,Y T WAZSl- must be accountable Some of.us remember the public budgets. Eisenhower . Era when OSF enjoys these advantages Secretary of Defense Wilson, a Plllll C. Lan public policy aeraees former..GM executive said P g that institutions providing a "What's good for General public benefit—educational, Motors is good for the USA."It social service:.religious, and created a public outcry,.even • in this instance, cultural — �cc then.OSF Executive Director Paul Nicholson dismissed deserve this kind of direct and indirect support.OSF is .. public outcry over OSF s.expansionist plans by saying not just a non-profit, it is a membership non-profit It "Ws inevitable when you get a major organization in a solicits memberships withperquisites and special advan- small ton.It's like General Motors in Flint;Michigan" tages. hi the eyes of the state,this confers even greater (quoted in The Oregonian 9/13/99). accountability requirements on it than on other non- Mr. Nicholson's unfortunate.metaphor ignores the profits.The law requires prudent stewardship of solicit- outcome of such thinking.Flint,Michigan has been dec- ed and donated funds as well as the disclosure of infor- imated by GMs actions,suffering urban decay,structur- mation regarding that stewardship. al unemployment and all its consequent social,familial OSF is 8'eer of oversight than most non-pratitS.Those and individual ills. that receive programmatic government_funds are OSF is not a privately held business nor a for-profit required to file constant reports,and are subject to com- . . corporation It is a member-owned,publicly supported, Phance requirements and annual audits.Some non-prof- non-profit organization. It enjoys enormous ongoing .its are required to have community input through,allo- direct and indirect support from individuals,businesses, cation of board positions,or mandated community advi- city,state,and federal governments. sory committees.OSF is largely free of all these.Indeed My doctoral dissertation examined OSFs history and changes in OSFs bylaws have made the'Board more culture.I wanted to find outwhatprinciples of operation,. remote and less"hands on"than it was in the past . what values,underlay its success.I wanted to generalize Last week,when OSF was at the City Council asking these so that trey could be helpful to other theater/non.— for yet another large beneficence,the Hargadine parking '.. 1 "• prof: I found thatOSFs enormous success is not the . lot, many_of us opened our newly arrived OSF-2000 ': 1 •result of planning special values,vision or operations,:::brochures..We were shocked to find that prices"had 'but a unique combination of time,Place,people,and cir- ..increased again:$39 seats.are now$42 Even the Value tmh cstances not applicable elsewhere.From the start,a Season has no regular•tickets'.for AM,or.less. .This . . major part of OSFs success was the community's sup- increase,coming after:other large annual increases, is port and".ownership."After the World War 11 hiatus in way.in excess of the inflation index.What are,the bud- . operations,founder Angus Bowmenagreed to start up,,getary needs that require rtr the Festival agdn I but only with'commumity parficipa- • .= More and more'residents;drawn here originally by i ton• - . OSF and kept by the charms of our community,can no So, in addition to the formal,legal advantages OSF longer afford to attend.Given the current polarization of .-egjoys,there are special ones associated with Southern wealth in America .OSFs need to draw 80 Percent of its Oregon,Ashland,and especially Medford.Ashland is not. patrons from a distance of I50.miles or:more, and the only the,home of the Oregon Shakespeare Festival,"it is :quantum leaps inprices,can we notforesee atime we are its parent hit with a dramatic decline in OSFs well being and,con- Here is a short listof.OSFs prfvfleges. 1.Its income sequentially, our own,wW1 being,lfidividually and col- ftem sales is taxexemph 2 Income earned on its endow lectvelyr ment/cash reserves is tax exempt;3.Its real estate(and it The festival cannot command tfie great advantages of ; owns far more than the theater complex)is tax-exempt;4. membership nonprofit t status without the responsibility It sells'tax'indulgences'.by way of giving tax deductions and accountability that accompanies it,.It cannot claim_: to individuals,corporation and businesses for contribu- to be a mainstay of onr_eoonomy.and_pur,Uves Without. tiri '5.It receives significant and ongoing finding and disclosing how it has,,imd1W planning to affectus OSF s:; assets from the City of Ashl and.(Just one example is the failure to be accountable is:the`liasi :of mai lawsuit to deal by which OSF got$500,000 of Ashland's economic secure documents that;:will-:allow,.us,to evaluate its developments funds from the U:S.> Department of accountability mAtetms of lts<current,spending and Commerce'to]mild the.Bowmer theater.and a 50 year .-inveslmentsforthefhture rtspriorities and":ues..,OSF `. lease on the land for zero consideration except to raise :pohcy.is"pubhopohcy":and must tie subj6c to melon " 'theamatchinggrantfluids) Much ftherevenueitclarms£ public scrutiny, discussion,•and-input ;including and to generate for the city comesbackto it in the form of sup- • Wyond the Carpenter Hall/new theater considerations. port;-6)It benefits from city services: fire, police utilr ty/streetmainte Hance,publicity,etc,toanextraordinary ,; .,, Philip G Lang isanA_shlandresidentand,OSFpatmn .. i :degree without paying texas;7)Jhe benefits it receives . mho drd'his aibft rni�rrcaaTlrh�tsrt OSft histo�; rgamza-4 a stakexemptions and distributesas tax deductions must eon and aaftale.He ors:theplaueti$tnalarosrtrdibFnmprl, ? be made up by the rest of us—taxpayers—to balance OSF to relemefumncial and organizntiorrraoords c Page 1 From: Paul Nolte To: Paul Nolte Date: 11/16/99 10:06AM Subject: A measured response to OSF proposal Carol, there are some minimal steps the council could take to keep the Shakespeare proposal moving along without unduly committing the council to approve the ultimate project: 1. Authorize Mike Freeman to sign the application for the planning action to be filed by OSF. Mike would be signing the application as the owner's representative for that portion of the project on city land (the Hargadine parking lot). Authorize staff in n tion of lease amendments necessary for OSF to accom fish project n e ar a parkin ot. (Any a nts, o rse, Id ha b y approved b oun .) ou e c e o owin By authorizing staff, the council: A. Is not committing itself as to how it would decide any land use appeal, if the planning action required for the project is appealed to the council. B. Is r not approving any amendments to the lease negotiated by staff. C. Is not committing itself to approval of a parking structure on the Hargadine lot. D. Is not committing itself to any funding for a parking structure nor to any method of repayment r the structure, including paid parking. Paul Nolte City Attorney City of Ashland, OR 541-488-5350 Visit it the the City's Web site at: www.ashland.or.us ' CONFIRMATION OF PLANS FOR 125TH ANNIVERSARY OF INCORPORATION OF CITY OF ASHLAND (Discussion item) ��&19 Council Communication Legal Department Amending Bidding Rules November 16, 1999 Submitted b Paul Nolte Approved by: Mike Freeman Title: A Resolution Amending Resolution 93-35 by Defining Advertising Contracts. Synopsis: This resolution defines, for purposes of the exemption from competitive bidding, the phrase "advertising contracts."The definition also includes a reference to the Attorney General's model rules by limiting the model rules to this definition. The alternative resolution entitled "A Resolution Amending Resolution 93-35 by Deleting Advertising Contracts as an Exemption from Competitive Bidding"deletes advertising contracts altogether from the exemptions. Recommendation: 1) Move to adopt this resolution, or in the alternative, 2) move to delete advertising contacts from the exemptions to competitive bidding by adopting the alternate resolution, or 3) direct staff to not use the advertising contracts exemption for the purpose of public relations, marketing or the business of designing and preparing advertising for publication. (If alternative 3 is selected, no amendment to the existing resolution would be necessary.) Background Information: Councilor Fine proposed the definition for advertising contracts in response to the controversy involving a contract which some have asserted as not consistent with the city's competitive bidding rules or the city's rules for the selection of personal services contractors. The council, sitting as the local contract review board, adopted certain exemptions from competitive bidding in 1993 as authorized in ORS 279.015. Advertising contracts were exempted at that time in section 3.5 of the rules: "3. ADDITIONAL EXEMPTIONS: The LCRB finds the following contracts exempt from competitive bids upon these findings: It is unlikely such exemptions will encourage favoritism or substantially diminish competition. The LCRB also finds that the awarding of public contracts pursuant to the exemptions will result in substantial cost savings. 3.5. Advertising Contracts. Contracts for the purchase of advertising including that intended for the purpose of giving public or legal notice" Council Communication Legal Department Amending Bidding Rules Page 2 Councilor Fine's proposal would make it clear that the exemption for advertising contracts would not include contracts for public relations, marketing or the business of designing and preparing advertising for publication. The reference to the Attorney General's model rules in the definition stems from legislation effective October 23, 1999. ORS 279.049 has been amended to require all public agencies to follow the model rules unless the agency's rules specifically state the model rules are not to be followed. The alternative resolution removes advertising contracts from the competitive bidding exemptions altogether. Since Resolution 93-35 also exempts all contracts under$25,000 from competitive bidding, there is no need for an advertising contract exemption couched in the terms of the proposed definition. The city has never come close to $25,000 in purchasing advertising space. In lieu of adopting any resolution, council could effect the same result by directing staff not to use the advertising contracts exemption for public relations, marketing or the business of designing and preparing advertising for publication. (F:\USER\PAUL\ORD\LCRB\advenising contract rem cc.wpd) RESOLUTION NO. 99- BEFORE THE CITY OF ASHLAND CONTRACT REVIEW BOARD A RESOLUTION AMENDING RESOLUTION 93-35 BY DELETING ADVERTISING CONTRACTS AS AN EXEMPTION FROM COMPETITIVE BIDDING. F otated to show deletions and additions to the resolution sections being modified. etions are finedAllf0t fi and additions are shaded. THE CITY OF ASHLAND CONTRACT REVIEW BOARD resolves that its rules set forth in Resolution 93-35 be amended as follows: SECTION 1. Section 3.5 of resolution 93-35 is deleted. the ptirpose�o���� —�� The Resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 and was duly PASSED and ADOPTED on this day of ' 1999. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 11949. Catherine M. Shaw, Mayor Reyi d as P form: Paul Nolte, City Attorney PAGE t - RESOLUTION F:%USERWAUUORD%LCRBNad"rgsingmntmarewell.wpd RESOLUTION NO. 99- BEFORE THE CITY OF ASHLAND CONTRACT REVIEW BOARD A RESOLUTION AMENDING RESOLUTION 93-35 BY DEFINING ADVERTISING CONTRACTS. Annotated to show deletions and additions to the resolution sections being modified. Deletions are fined-thra and additions are shaded. THE CITY OF ASHLAND CONTRACT REVIEW BOARD resolves that its rules set forth in Resolution 93-35 be amended as follows: SECTION 1. Section 1 of Resolution 93-35 is amended by adding subsection 1.6: 1. DEFINITIONS: For purposes of these rules, unless the context requires otherwise, the following words and phrases mean: 1.1. Administrator means the City Administrator. 1.2. Board means the City of Ashland Contract Review Board. 1.3. City means the City of Ashland. 1.4. Council means the Ashland City Council. 1.5. Purchasing Agent means the Director of Finance, or such other officer or employee as may be designated by city ordinance. 16 AdVerisrng Contracts mean contracts for securing announcements; in newspapers or wmagazlnes„during telecommunicatwns broadcasts;:upon billboards; througt%dlstnbution of handbills,,tjy dlrecfmail xorythrough other mass media Towthe extenfthyat the Attomey_Generals Model•Rules of Procedufe'for competitive, 5idding allow more than this defimtiornfor advertlsing contracts, the modehnles do not applyrto the city., This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 and was duly PASSED and ADOPTED on this day of ' 1999. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ' 1999. Catherine M. Shaw, Mayor Re 'e ed as o form: Paul Nolte, CAy Attorney __— PAGE 1 - RESOLUTION F:%USERVAUL1ORDILCRBtadver lsing wntracl mmwpd CITY RECORDER'S OFFICE (Please attach to VIII-Unfinished Business, No. 3) RESOLUTION NO. 99- BEFORE THE CITY OF ASHLAND CONTRACT REVIEW BOARD A RESOLUTION AMENDING RESOLUTION 93-35 BY DEFINING ADVERTISING CONTRACTS. Annotated to show deletions and additions to the resolution sections being modified. Deletions are fined-through and additions are shaded. THE CITY OF ASHLAND CONTRACT REVIEW BOARD resolves that its rules set forth in Resolution 93-35 be amended as follows: SECTION 1. Section 1 of Resolution 93-35 is amended by adding subsection 1.6: 1. DEFINITIONS: For purposes-of these rules, unless the context requires otherwise, the following words and phrases mean: 1.1. Administrator means the City Administrator. 1.2. Board means the City of Ashland Contract Review Board. 1.3. City means the City of Ashland. 1.4. Council means the Ashland City Council. 1.5. Purchasing Agent means the Director of Finance, or such other officer or employee as may be designated by city ordinance. 1:.6 AdSertrtsmg Contracts meancontracts:fors_ 4ring.1announce.m- in'newspapers,ormagazines, during telecommunications broadcast"s;.upon billboards;throughdlstnbution ofhandbllls,.by dlrect?mall, orthrough other mass media To_"tfie extent'that the`Attorney.General s Model?wRUles of Procedure for advertising conctoramcptse,t ti e mboidddeLi,u le11s w d han this defi ti 5n for ing - oo nof'apply fo the city,! This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 and was duly PASSED and ADOPTED on this day of 1999. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 11999. Catherine M. Shaw, Mayor Re 'e ed as o form: Paul Nolte, Ci Attorney - - - - - — - PAGE 1 - RESOLUTION F:WSER\PAUUORD0.CRBtadvertisingwntredmw.wpd 'BARBARA CHRISTENSEN CITY RECORDER (Please attach to VIII-Unfinished Business,No. 3) �=(7 November 2, 1999 Remarks to Mayor and City Councilors, Nov. 2, 1999; In Re: Democratic Rejection of WTO/MAI My appreciation and thanks to the Mayor and the Council for recognizing the importance of this issue and for attending to our request that it be placed on your busy agenda. The fundamental issue is democratic control of our community destiny in the face of an oligarchic corporate.destruction of our democratic rights and powers, and of our national and local sovereignty. We must be clear on what is at stake here. In 1937, Franklin Delano Roosevelt wrote that, " Goods produced under conditions which do not meet a rudimentary standard of decency should be regarded as contraband and not allowed to pollute the channels of international commerce." Under the rules of the WTO today, and certainly even more so under the dictates of the proposed Multilateral Agreement on Investments (MAI), it is legally impossible, without penalties, for our great nation to prevent the importation into our country of goods made by child labor, slave labor, prison labor, or by labor working under the most horrible conditions of work-place danger, unhealthiness, and coercion. Times have changed since FDR spoke, but surely we still believe in at least the same "rudimentary standards of decency" as obtained in 1937. We as a democratic people concerned with human rights and basic human dignity must speak out against today's harsh reality and take whatever steps necessary to change things for the better. It bears repeating that this is no simple "Liberal versus Conservative" or "Socialist versus Capitalist" debate. Even mainstream American economists, that is, politically conservative experts who in principle favor WTO globalization, will argue today that "something" is wrong with the system. For example, Jeffrey E. Garten, a dean at the Yale University School of Management and a former Undersecretary of Commerce for International Trade, wrote in the October 26 New York Times that the irresponsible and overwhelming power of the transnational "mega-merged corporations" (his term) now directly threaten both democracy and social stability. "The seesaw of private and public power is seriously unbalanced" (he writes). . . . Sooner or later, the United States will have to confront one of the great challenges of our times: how does a sovereign nation govern itself effectively when politics is national and business is global? When the answers start coming, they could be as radical and as profound as the backlash against unbridled corporate power that took place during the first 40 years of this century." We can help to avoid a vicious backlash by beginning right now, in this chamber of democracy, by calling for the reduction of the powers of the WTO and of the transnational corporations. I must add that, because Mr. Garten is and remains a mainstream American economist, he believes that one part of any solution is to strengthen the World Trade Organization, one of the most secretive and undemocratic institutions the human mind has ever concocted. And in the most recent issue of Business Week (Nov. 8), the same Jeffrey Garten reverses field and now claims that NonGovernmental Organizations (NGOs) such as the Sierra Club, Human Rights Watch, and United Students Against Sweatshops have preponderant power and that they constitute "a sophisticated assault on global capitalism." It is madness (or pure ideology) to so categorize the power of the NGOs in contrast to the overwhelming political, economic, and media power of the mega-corporations that Garten himself rightfully fears. But behind that madness is a method, namely, "KEEP DEMOCRACY OUT OF CORPORATE ECONOMIC DECISION-MAKING." I call upon this Council, as the representative of Ashland's democracy, to make public its opposition, a democratic opposition, to any contraction of our democratic rights and power. Turn back the WTO and MAI assault on our democracy. Thank you. Sincerely, Gerry Cavanaugh P. 0. Box 247 (560 Oak St.) Ashland, OR 97520; 541-482-6543; fax: 541-488-8216; email: gjcav @jeffnet.org ' Economic Viewpoint BY JEFFREY E GAMN A SOPHISTICATED ASSAULT ON GLOBAL CAPITALISM n late November, Seattle is likely to be the policies of global corporations such as the scene of a big test for global capital- Nike (over treatment of workers abroad), ism. That's when more than 1,000 non- Monsanto (over genetically engineered prod- governmental organizations (NGos) are plan- ucts), and Royal Dutch Shell (over environ- ning to disrupt the kickoff of a new round of mental issues). In 1997 more than 600 NGos, global trade negotiations. The NO& collec- representing 70 countries,caused the collapse tive claim is that unfettered commerce hurts of international governmental negotiations to workers, consumers, and the environment, create global rules for foreign investment. and that it is being propelled by an arrogant If Washington and Corporate America don't World Trade Organization unaccountable to move decisively, NGOS could dominate public ordinary citizens. With the very real possibil- opinion on global trade and finance. In the ity that the trade talks will be derailed, the first instance, government officials and busi- question is whether the strategy of Wash- ness leaders should mount a much better ington and the business community is as lame campaign to explain the benefits of globaliza- as it looks. lion. They should also promote more effective Of course, not all NGos have a political policies to help people adjust to changing agenda and many, such as the Red Cross or trade patterns—such as education, profes- th gInternational Rescue Committee, provide sional training, and portable health and pen- DANGER: unique critical services. But the gathering in sion benefits Third,the Administration should Seattle will be dominated by NODS that take also.apply intense pressure to the wro to Activists have strong public-policy stands, such as Human make its goals and its work more visible and Rights Watch, United Students Against understandable to people around the world, given free Sweatshops, and the Sierra Club. While these and to open up effective channels of commu- organizations are supporting important caus- nications to public interest groups every- trade arotten es, their public-spirited missions shouldn't ob- where. .t scure their intention to retard the momentum Beyond that, Washington and business and for a more open world economy—the best should challenge the NGo community to prac- re P 11 hope, even with its flaws, for a better life tice what they preach. Every organization for billions of people. that calls itself an NGo shouldn't be granted a governments lolmwa roRCEs. Today's NGos are not the free ride to influence. Governments and busi- andbusiness ragtag protesters of the 1960s. They are well- ness associations should demand that NGos organized and amply funded and have be- part the curtain on their own activities—in- come a powerful new force on the global eluding disclosing exactly who their members don't get busy, scene. They have skillfully exploited the void are and how they are financed. The media • between shrinking governments unable to should be continually prompted to scrutinize it's going to get cushion the impact of change on ordinary cit- the accuracy of the facts that underlie NGos' izens and multinational companies that are arguments against globalization.They should even worse the agents of that change. They have gained treat the situation as if it were a hotly con- influence by joining forces across borders, ag- tested long-term for public gregating power under broad umbrella groups opinion—which it is. such as Consumers International, and building NGos can play an indispensable role in alliances with unions such as the AFL-CIO. bridging the responsibilities of the public and They have harnessed the Internet to build private sectors. But if they are allowed to huge global coalitions and to coordinate lob- Naek the WTO talks, it will be a dangerous bying in multiple capitals. While governments precedent that every government and every and chief executives bore the public and the global company will regret long after the media with sterile abstractions about free protests in Seattle. It's important to broadcast markets, NGOS are sending more nuanced mes- the message that a global market economy sages sensitive to the anxieties of local com- can promote not only growth but individual munities around the world. At the same time, freedom as well a cleaner environment Warn- Jeffrey E.Garten is dean of the Yale they are preparing sophisticated strategies ing for President Bill Clinton, the Business k school of Management A former in- to influence television networks, newspapers, Round Table, and their counterparts in Eu- vestment banker,he was Under sec- and magazines. rope and Japan:There is less than a month to i de n mhe e�G for International Adm i�stra- Thy is plenty of evidence of NGos' grow- get your act together. You are already in b tion Qeffrey.gartenayale.edu). ing clout In recent years, they have changed deep trouble. 24 BUSINESS WEEK/NOVEMBER 8. 1999 l .RC W C C 00 _a W Y N 1C O t JJ•' U= C lU0 d•O ° u m;Rod L o�''`d6 c d•8E`o N oO rj 5ad>R>EL��_e>�vi c.pd4 m.p o'mdm Ld•..udC eyrL o C.0 3.,U amsu6p mi��daN°E.'.•C i1dd a d.�.".°a0Ld L. .c°p��,.O F°•m.aLN d L+o v d t.m dg p G o �2a N R�—mL••_C —O 501 �m O' NO 3' A O O —y> --itl'—v> p N. ° uoR"m°d 3afi3 a—'°OC d`nm"uE A od�3 eO daRL,Ld E 3Nd v mCa>,u+,.;ALo�R r mt�3,yR;-, —X)A_m�uc L,Y $.Et : t9 w E m£ >V Vi G ua mN a m - - 00— d= L da DO .vvu o u vd° u W g v N E d G v 5 C em E dod > mem` " L $$° °: d O° ` 05X) 3 d'v °u ° U° _ : ic oL d n E O>L; docvmi� ° mu cscN dN= maw °5„°L O. as �v $ aci NvKOQ dra S•5 °' _a a°i ='°c' °L' W3 °°'a�°•cmv ' °.r_ I oocgoo en°a`=° w .ass= W ea c ° cOQ� Lo $ m ca 8°tE qLwe ucgc' o vmacaEud r caoYS Al 9mofidddodc �i' .. � aL$ ciu dai ° C'yNtu 5� ebcd °o= ° S �—°�3yoN .. $`o Acam wde ovk' .aq °aid Saio3RU d v.RL.�`ei5u a:V oiEoad 5m m me.°=aEm3mp a > a o m d >�v��dXuv ap N .„ y�r� hoq � ` E0 a°p°°�F'i8�so 0—c w9mom .9 to fi� � m"o.°o a W °m 5gad. z "E" adano � °p h'°C $mX) °� $' T3aW 0 0—°m°O0N' d d 80,E, E ° O Q d d 5 H `�rJ d N N .9 4d.. y�°. 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L^ W— m~ ° ° m d I -AAA �. mo„O «m W C (y 5: 9 (�J��V� <d$ ,6EE$ 6a�a8.d',5dfiao°o .RV 82!5 ° a6aa°' `� SCE¢ u xo� Ed85� 0.o T: C� O ga E' FLB' m ..momvrr d� :: C aE °�de Y Fj' My 'E 1 W 7 O L U d ;Q m I O f'� V O L d 0 O m L N�+ y oud Pifit � v dm % 0.0 Ein �000 y�OL $ � m9 �5Eu6 WEa, m 6 t�Qrsmc �” o3,cu 5 d ::0 o m FO ppm c d Ru �m e4p jp oWV c `cd y W m Id$� ma C � C >�m mA VC ay�pj_]0 W , D. m 8 5 m $ y r ° E S 5 "E F x°°c�m° m° B S �°r v E a e B a X) 6 dEd �e _ w bee e ma �2v � E °. 5g90 oE �•0 °a EQde ° pE$v � 6c8e o C ° rJ' d0 OIj dd jl`Jj. �— dt,8 r ° °�.7.- 8 Maa El !�T;a09, Er A. - is 8 )d $m �� anc `� of u °� ° d^a". 9� P.'X)5�' t8 m— m v ° aaa- 5 .'3a�e�m�,1< ar °o�me55�ann° F City Council Communication Administration Multilateral Agreement on Investments November 16, 1999 Submitted by: Mike Freeman Title: A Resolution opposing provisions of the Multilateral Agreement on Investment(MAI) or similar international investment liberalization agreements that could restrict Ashland's ability to regulate within its jurisdiction, decide how to spend its procurement funds and support Local Economic Development. Synopsis: City Council was recently asked to support a local community group's opposition to provisions in the draft Multilateral Agreement on Investments. The City Council asked that staff review the MAI issue and bring back a recommendation. Recommendation: This is a complex issue that is beyond the expertise of the staff. It is the staff s recommendation that the City Council not take action on this issue for the following reasons: 1. Staff does not feel that the City has or will have all the information necessary to understand this complex issue. 2. It is unclear, even if passed what real impact the MAI would have on the City of Ashland. 3. The MAI agreement negotiations have ceased for now, and no action is needed. This issue is not being actively negotiated. It is very likely that the MAI negotiations may continue and the language of the agreement changed significantly from the version that is now known about. However, if the City Council wishes to oppose the MAI, a sample resolution is attached. Background Information: "The Multilateral Agreement on Investment or MAI is a comprehensive agreement that has been negotiated by ministers from the most economically developed countries. What distinguishes this agreement from other international treaties on direct investment is that the MAI was expected to have contained provisions for enforcing the Agreement and for resolving conflicts or disagreements. Dissatisfaction with a number of provisions in the Agreement sparked intense opposition among various non-governmental organizations and in April of 1998 spurred ministers from the United States and elsewhere to postpone additional discussion on the Agreement. France withdrew from the negotiations on October 1998 and the Organization for Economic Cooperation and Development (OECD) Ministers announced on December 3, 1998, that the OECD had ceased all negotiations on the Agreement."1 Attachments: 1. City of Salem, OR Report on Multilateral Agreement on Investment 2. CRS Report for Congress — The Multilateral Agreement on Investment: A Brief Analysis of the Current Status. 1 Congressional Research Service: "The Multilateral Agreement on Investment:A Brief Analysis of the Current Status. RESOLUTION NO. 99- A RESOLUTION OPPOSING PROVISIONS OF THE MULTILATERAL AGREEMENT ON INVESTMENT (MAI) OR SIMILAR INTERNATIONAL INVESTMENT LIBERALIZATION AGREEMENTS THAT COULD RESTRICT ASHLAND'S ABILITY TO REGULATE WITHIN ITS JURISDICTION,DECIDE HOW TO SPEND ITS PROCUREMENT FUNDS AND SUPPORT LOCAL ECONOMIC DEVELOPMENT. RECITALS: A. The City of Ashland is a Charter City vested with the right and power to make and enforce all laws and regulations in respect to municipal affairs. B. The City uses its regulatory powers to ensure a high quality of life for Ashland citizens through the effective use of zoning, environmental, historic preservation, and similar regulations. C. Existing international trade agreements, such as GATT Article II:8(a), specifically exempt government procurement policies from scrutiny under international law so long as purchases are "for governmental purposes and not with a view to commercial resale or with a view to use in the production of goods for commercial resale." D. The Multilateral Agreement on Investments may be interpreted to obligate the City to compensate foreign nationals for the effects of the City's regulations, even where the Oregon and United States Constitutions require no such compensation to nationals of the United States. E. The additional compensation potentially required by the Multilateral Agreement on Investments could impair the City's efforts to ensure a high quality of life for its citizens, or require the City to reduce funding to vital programs. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: RESOLVED, that the City Council of the City of Ashland hereby urges its state and federally elected officials and lobbyists to actively protest any provision in a free-standing investment deregulation treaty like MAI, or in any similar investment liberalization provisions in other international commercial agreements, that would restrict Ashland's ability to regulate within its jurisdiction, decide how to use its public procurement dollars, and extend benefits to encourage local economic development in a manner consistent with the U.S. Constitution; and be it FURTHER RESOLVED, that the City of Ashland urges its state and federally elected officials to oppose any free-standing investment deregulation treaty like MAI, or any similar investment liberalization provisions in other international commercial agreements, which would deprive the United States courts of jurisdiction over litigation brought by speculators and multinational corporations against the City of Ashland; and be it (Resolution MAI) Page 1 FURTHER RESOL , at t provisions of a nvestment deregulation treaty like MAI, o similar invest ent lib ton provision 'n other i mmercial agr nts does not apply witht a jurisdiction of the ty and; and be it FURTHER RESOLVED that the City Recorder be instructed to mail copies of this resolution to the President of the United States, the United States Secretary of State, the United States Secretary of Commerce, and United States Senators from Oregon. This resolution was read by title only in accordance with Ashland Municipal Code section 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 Reviewed as to form: Paul Nolte, City Attorney (Resolution MAI) Page 2 v d O O d h � � F � h � r „Z, u c Y e U in 5Sm' .� y°', •. a w w a o a Z2 m m C'l. 6 d d rii o a u E 6 v a '«• c. c o c y y c a3 E ° w a E = '�' u o°o o C4 a m C x a .. U O �, U J C � � c m o m ° m _ — y O O O N M a h b r W P O N to N en a h b r W P � N N N N � ■ ■ � « o . . o � � E ® - ■ � { � \ � � \ / � 0 Q _ - § | w J ) ) & gt � iu � \ \ :; ) / \ & ® ) ) } \\ o =: 4 ± % ! Q cl( 27 © 5 ) 7 § � \ / ° .e@ ( « � .) % ± \ \ : = - a " m lu2 . G ] ; e@ \ ; ±\ / / a) / 3 ( 77 ) \ ; / / ) } ) V § .\ * / C rs - ) VUa; 3 & w -a CL © . \ ! = 0 0 'EL v) » / ° \ 3 @ / 7 § * qk \ = 2 } k 0 0 § r aee § § I / ) = 7 ; ; &j0 to Vie \ : , / ! } d / f// � / » / § ] [ [ \ ] k e ° & z e ; | = , } oC4 2 / \ \ } \ \ \ / \ , � | zz � = « � / & » V)C/) CONFIRMATION OF PLANS FOR 125TH ANNIVERSARY OF INCORPORATION OF CITY OF ASHLAND (Discussion item) PRESENTATION BY ASHLAND WATERSHED STEWARDSHIP ALLIANCE November 12, 1999 City of Ashland Council members:. Please accept for review the following elements of the Ashland Watershed Stewardship Alliance's comment to the Forest Service's Ashland Watershed Protection Project Draft Environmental Impact Statement. This package includes: 1) The cover letter,to the Alliance's comment, which specifically outlines our position and what we request of the Forest Service, and 2) A list of the elements the Alliance's comment will include. We are asking the city council to support the efforts of its citizens by voting and drafting a letter, formalizing its stated decision to review of the Alliance's completed comment before deciding what wild land fire mitigation strategy to officially promote. The Alliance comment will be completed Friday, November 19, 1999. Copies of this comment will be provided to the council and field trips will be scheduled to take council members and citizens through the watershed after the November 19th deadline. Thank you for your time and consideration. The Ashland Watershed Stewardship Alliance Cover letter to the Alliance's comment for the Ashland Watershed Protection Project Draft Environmental Impact Statement November 12, 1999 We, involved citizens of the Ashland Watershed, look to deal constructively with conflict and promote a collaborative relationship between the Forest Service and the people of this community. As neighbors within this forest,we share a common interest to begin the work necessary to mitigate the risks of wild land fire within the watershed, restoring a forest ecosystem which will be resilient to periodic natural fire events. We seek to accomplish this goal while maintaining the ecological, social, aesthetic, spiritual, economic and educational qualities which the people of this region value in these forests. We believe it is essential to protect and restore ecosystem health within the watershed's Late Successional Reserve (dedicated to the development of old growth characteristics). We believe it is possible to craft a fire mitigation alternative which meets the stated requirements of the agency and the city of Ashland while selecting and applying various treatments which maintain and enhance the ecological qualities the community values in this forest. One example of these values is manifested in our stated desire to maintain the high value over-story trees, rather than using them to generate funds to offset the cast of fuels management. Working with the Ashland Ranger District we hope to develop alternatives which can cover these costs, while building a lasting and mutually beneficial relationship with the agency-one which utilizes local expertise, folds local values into the planning process, and builds a culture of long term stewardship between the citizens of this community and the land. We request that the agency: 1. Review the following comment and find it credible, clear and based on a'solid understanding of the ecological, legal, economic and social realities of wild land fuels management. 2. Allow for a 60 day comment period to this citizen comment, structured so that the Ashland Watershed Stewardship Alliance can implement outreach programs designed to solicit response from other interested parties, and to create opportunities to educate and involve the greater community. 3. We request that the Ashland Ranger District, following this comment period, formally accept representatives of the Alliance as members of a committee which will devise an alternative which reflects the goals of the Forest Service, the City of Ashland and the values of the community at large in a timely and financially responsible manner. e The Alliance comment will include: 1. The cover letter , as submitted to the city council on November 12, 1999.(Comtnunications team) 2. A signed copy of our mission and vision statement(All) 3. The technical team's report after having been reviewed and refined by the larger group (Technical forestry tear 4. A review of the economic assessments of the various Alternatives within the DEIS. Qohn and Mark) 5. A community outreach and education strategy designed to generate comment on this proposal from the larger community while building a diverse base of support and involvement into this work. (Communications team) 6. Our economic strategy to determine the project's true costs, to reduce those costs and to fund those costs: 7. An identification of the legal authorities which may require clarification if the proposed stewardship activities are to proceed Qake and Mark) 8. Educational and community building nroerams (with potential funders identified), which could develop community involvement in this work.Qim and Kara?) 9. Letters of support for the community proposal, and membership of the AWSA (All) 10. An accountine of the resources dedicated and projected to the development of this proposal (All) 11. The proposed long term structure of the Alliance 12. The Alliance's decision making process 13. Biographies of some Alliance team members City Council Communication Administration Fire Station and Library November 16, 1999 Submitted by: Gre Scole ���/ Approved by: Mike Free m //°"'' Title: Authorization to initiate planning processes for the ; Fire Station reconstruction and Library expansion and remodel. l l Synopsis: , Ashland Municipal Code Section 18.108.150 requires I that city projects which need development permits must have a motion directing the appropriate staff file -. . the required applications. Recommendation: Staff recommends that City Council authorize the City Administrator to initiate the required planning process for the fire station and library projects. This would include the rezone of the library property to C1-D (Commercial Downtown). Background Information: At the November 2nd Special Election the City of Ashland voters approved the authorization for general obligation bonds for the Fire Station ($3.14 million) and the Library($5.96 million). Both of these projects will require planning approval for their respective development permits. a - The Fire Station is located in the C 1 (Retail ` Commercial) zoning district, is a permitted ° -"-r use and will require a Site Review Permit from the Planning Commission. The Library is located in the R2 (Low Density Multiple-Family Residential) zoning district and is currently a non-conforming use. It will require a rezone to C1-D (Commercial Downtown) and a Site Review Permit from the Planning Commission. VICINITY ZONEMAP FOR_U8RARYAND Fly STATION_ASI 11�4ND OREGON 1 I I'II � III co RR-2 jI 1 I ,1 %r G1\� i FAST MAI N ST FIRE STATION - LIBRARY (ZONE R-2) ..��: .. R-2 Is ou u O gg� i>y ` �# :� ,,�k'}. r`t� k,; e7 .+���'. iµ*.� � ��TIfF r �o a�,a:, i •?3> � .(„;�'.'ui,.. 100 0 100 200 Feet SCALE: 1"= 100' ✓ cy. �, gxG!ml City Council Communication Administration Multilateral Agreement on Investments November 16, 1999 Submitted by: Mike Freeman Title: A Resolution opposing provisions of the Multilateral Agreement on Investment(MAI) or similar international investment liberalization agreements that could restrict Ashland's ability to regulate within its jurisdiction, decide how to spend its procurement funds and support Local Economic Development. Synopsis: City Council was recently asked to support a local community group's opposition to provisions in the draft Multilateral Agreement on Investments. The City Council asked that staff review the MAI issue and bring back a recommendation. Recommendation: This is a complex issue that is beyond the expertise of the staff. It is the staff's recommendation that the City Council not take action on this issue for the following reasons: 1. Staff does not feel that the City has or will have all the information necessary to understand this complex issue. 2. It is unclear, even if passed what real impact the MAI would have on the City of Ashland. 3. The MAI agreement negotiations have ceased for now, and no action is needed. This issue is not being actively negotiated. It is very likely that the MAI negotiations may continue and the language of the agreement changed significantly from the version that is now known about. However, if the City Council wishes to oppose the MAI, a sample resolution is attached. Background Information: "The Multilateral Agreement on Investment or MAI is a comprehensive agreement that has been negotiated by ministers from the most economically developed countries. What distinguishes this agreement from other international treaties on direct investment is that the MAI was expected to have contained provisions for enforcing the Agreement and for resolving conflicts or disagreements. Dissatisfaction with a number of provisions in the Agreement sparked intense opposition among various non-governmental organizations and in April of 1998 spurred ministers from the United States and elsewhere to postpone additional discussion on the Agreement. France withdrew from the negotiations on October 1998 and the Organization for Economic Cooperation and Development(OECD)Ministers announced on December 3, 1998, that the OECD had ceased all negotiations on the Agreement."1 Attachments: 1. City of Salem, OR Report on Multilateral Agreement on Investment 2. CRS Report for Congress — The Multilateral Agreement on Investment: A Brief Analysis of the Current Status. 1 Congressional Research Service: "The Multilateral Agreement on Investment:A Brief Analysis of the Current Status. RESOLUTION NO. 99- A RESOLUTION OPPOSING PROVISIONS OF THE MULTILATERAL AGREEMENT ON INVESTMENT (MAI) OR SIMILAR INTERNATIONAL INVESTMENT LIBERALIZATION AGREEMENTS THAT COULD RESTRICT ASHLAND'S ABILITY TO REGULATE WITHIN ITS JURISDICTION, DECIDE HOW TO SPEND ITS PROCUREMENT FUNDS AND SUPPORT LOCAL ECONOMIC DEVELOPMENT. RECITALS: A. The City of Ashland is a Charter City vested with the right and power to make and enforce all laws and regulations in respect to municipal affairs. B. The City uses its regulatory powers to ensure a high quality of life for Ashland citizens through the effective use of zoning, environmental, historic preservation, and similar regulations. C. Existing international trade agreements, such as GATT Article 11:8(a), specifically exempt government procurement policies from scrutiny under international law so long as purchases are "for governmental purposes and not with a view to commercial resale or with a view to use in the production of goods for commercial resale." D. The Multilateral Agreement on Investments may be interpreted to obligate the City to compensate foreign nationals for the effects of the City's regulations, even where the Oregon and United States Constitutions require no such compensation to nationals of the United States. E. The additional compensation potentially required by the Multilateral Agreement on Investments could impair the City's efforts to ensure a high quality of life for its citizens, or require the City to reduce funding to vital programs. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: RESOLVED, that the City Council of the City of Ashland hereby urges its state and federally elected officials and lobbyists to actively protest any provision in a free-standing investment deregulation treaty like MAI, or in any similar investment liberalization provisions in other international commercial agreements, that would restrict Ashland's ability to regulate within its jurisdiction, decide how to use its public procurement dollars, and extend benefits to encourage local economic development in a manner consistent with the U.S. Constitution; and be it FURTHER RESOLVED, that the City of Ashland urges its state and federally elected officials to oppose any free-standing investment deregulation treaty like MAI, or any similar investment liberalization provisions in other international commercial agreements, which would deprive the United States courts of jurisdiction over litigation brought by speculators and multinational corporations against the City of Ashland; and be it (Resolution MAI) Page 1 FURTHER RESOLVED, that the provisions of a free-standing investment deregulation treaty like MAI, or any similar investment liberalization provisions in other international commercial agreements does not apply within the jurisdiction of the City of Ashland; and be it FURTHER RESOLVED that the City Recorder be instructed to mail copies of this resolution to the President of the United States, the United States Secretary of State, the United States Secretary of Commerce, and United States Senators from Oregon. This resolution was read by title only in accordance with Ashland Municipal Code section 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 Reviewed as to form: Paul Nolte, City Attorney (Resolution MAI) Page 2 y ® ~ ■ ■ ` � � 0 0 o ) ) ) ■ @ 90 ) a ) CD $ § � .�� - 2 \ a - o all \ \ .k ] : , 9 P ) P� E It � ( Z / \ � ! / ! \ � j / } ) ! _ ) { \ � d { & Ea [2 ) i { 7 ~ f 77 ) � � , & | ] I } ) §_ 3 : / _ � � � ■ f � , ; I { \ \\ \ % gn » « § f § [ / ; ] ) ® / / ) @ / \ ) ! ■ E { , & $ / u \j § = % 3 vi ` ^ 2 % ) % ( k ` \ f § Q ( a � 2 E m a s - B ; 2 { ! ! ) " ° ! \ � -0 ! « k E ; ) ) ) ; ! ! q « aa / § ) } r ® / e § § = a « , ! ! e ! ! ! = I E 4\ a4 ; : Gg � W o • - - . , ; � , t; ; g & ! Q ® / / ) / ) \ / Z 3 ) 4 / 2 ) ! I 200. ch m s a 0 0 J U _ A c G y bA E O CD 0 � N U OCD O etl 'r O ono Q � U d c o on v c c n E rz o .".. Y n`. •c c '� m m a _ L _ > c Y y _ a o v ov a 0 0 >d ° E ❑ "° ;F o c a c U v n o c ° y aac i o Z Co c xQ '+CE % • 6 ^ tl o O N ° > > 0 c o L U c v ° ° y v = E a i a ,c ro E ro L ro C7 c ° c a'. � •O d O > C N O d � .U+ 4T O G V G Vl � U U •Eb 2 0 v G .v '7 'N p`„ ocA r3 C y €' € •� '� O 2 E U t0 � 1. cC �' ` ` y o 0� > = 7 t0 ° o F Ev axc7Qw [— o E � � cd x � Za3 � � U x City Council Communication Administration Request for Funding for Festival of Lights November 16, 1999 Submitted by: Mike Freeman Title: Request for funding by the Ashland Chamber of Commerce for assistance related to the holiday Festival of Light program. Synopsis: The City and the Chamber have had a long-standing partnership to provide holiday lighting in and around Ashland for the past 8 years. Over the years, the cost of this program has grown significantly and the roles and responsibilities of both the Chamber and City changed. Initially, the City began supporting this program with a direct contribution of$10,000 per year,paid from the Electric Fund. Over time, the City increased its allocation and at one time contributed more than $20,000 in labor and materials. The Chamber is projecting that the Festival of Lights program this year will exceed$30,00 and have requested that the City contribute $15,000 for this community event. Recommendation: Over the years, the City has contributed funds to assist in funding this community event. Because this program adds to Ashland's quality of life, supports a healthy downtown economy and the City has supported this program over the years,the staff recommend that the City contribute$15,000. The funds would be paid by the Electric Utility. These funds are not budgeted for this use, but are available. In addition, it is recommended that future requests for assistance by the Chamber be made during the normal budget process of the City. Background Information: The City has a long tradition of supporting the Chamber's Festival of Lights program. This past year,the City took the lead on the holiday lighting and found it too time consuming and costly for the Electric Department to commit to on a long-tern basis. It is the staffs opinion that any City funds for this event will need to be budgeted and approved by the Budget Committee. Given the significant cost and value to the community, it is believed the City should participate in this holiday tradition.