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HomeMy WebLinkAbout2013-1105 Document Submitted at Meeting ~f~cb>hu~l "lsli3 We(Ca~.e Geafie~ CITY OF ASHLAND Dave Kanner City Administrator November 5, 2013 Don Greene, Chair Jackson County Planning Commission 10 S. Oakdale, Rm. 100 Medford, OR 97501 RE: Jackson County Planning Action LRP-00005 Dear Mr. Greene: The City of Ashland appreciates the opportunity to offer the following information with regard to ODOT's application to amend condition No. 27 of Jackson County Ordinance 2009-7 and requesting an exemption from the automatic irrigation requirement in LDO 9.2.8. Ordinance 2009-7, condition 27, requires ODOT to connect to City of Ashland water and sewer services. On April 19, 2011, the Ashland City Council agreed to extend water and sewer service to the Siskiyou Welcome Center and Rest Stop on the following conditions: 1. Water use from the City of Ashland is limited to potable use only. 2. The City will not execute an intergovernmental agreement with ODOT to provide water and sewer services until the Welcome Center and Rest Area are built and a staffing plan for the Welcome Center is funded. 3. City water is allocated for interior domestic use only and not irrigation. 4. There is a four-year time limit to begin construction. 5. The project must include an Oregon State Police substation. On June 21, 2011, the Ashland City Council adopted an order specifying its findings for adopting the conditions above and further specifying the conditions under which the City would provide water and sewer services to the Siskiyou Rest Stop project. A copy of the order is attached. That order specifies as follows: Approval of ODOT's application to extend water and sewer [is] contingent upon [the] Welcome Center being built, water use from the City of Ashland be limited to non-irrigation use only and adequate funding for maintenance and staffing, with a four-year limit to complete said development. 20 E. Main St. Ashland, Or 97520 Tel: 541-552-2103 dave.kanner@ashland.or.us www.ashland.or.us Thank you for your attention to the City's concerns and for the opportunity to comment on the ODOT application. Sincerely, Dave Kanner, city administrator 20 E. Main St. Ashland, Or 97520 , 2103 Tel: 541-552-2103 dave.kanner@ashland.or.us www.ashland.or.us ORDER NO 2011- :r_ - AN ORDER APPROVING AN OREGON DEPARTMENT OF TRANSPORTATION REQUEST TO THE CITY OF ASHLAND TO EXTEND WATER AND SEWER SERVICE TO THE SISKIYOU WELCOME CENTER AND REST AREA FACILITY LOCATED OUTSIDE THE CITY LIMITS OF ASHLAND Having been fully advised by the record of hearings, facts and conclusions by the City of Ashland Planning Commission (herein incorporated by reference), by City Staff, the Applicant and having heard public testimony related to the Oregon Department of Transportation (ODOT) of its proposed development of the Siskiyou Welcome Center and Rest Area (S WCRA), the City of Ashland Mayor and City Council make the following findings and conclusions of law: THE MAYOR AND COUNCIL, ACTING WITHIN ITS POWERS AND AS NECESSARY OR CONVENIENT FOR THE CITY TO CONDUCT ITS MUNICIPAL AFFAIRS, ORDERS AS FOLLOWS: SECTION 1. FINDINGS AND CONCLUSIONS. Finding: The Mayor and Council adopt the record of the City of Ashland Planning Commission pertaining to approval of SWCRA. Finding: The present Mayor and Council adopt the records of previous Mayors and Councils who have been required, since at least 1994, to interpret the City's charter and have acted to address the issue of supplying water and sewer to both private parties and governmental facilities outside the city limits. Finding: ODOT's proposed SWCRA is a governmental facility. Finding: ODOT's proposed development of SWCCA is outside the City of Ashland (City) limits and Urban Growth Boundary. (UGB). Pursuant to communication from Paul Nolte, former City Attorney, to City Council: "State law regarding the delivery of water outside the UGB is more liberal. Rules adopted under the Public Facilities and Services Goal, Goal I 1 referenced above, provide that local land use regulations may allow the creation or extension of water systems in rural areas so long as newly created systems or extensions are not used to justify higher densities for residential development based on the availability of the water system. (OAR 660-011-0065)" Council Communication, Nolte, p.3 (5/15/2001) Finding: Article XVI, section one of the City of Ashland Charter provides: "Public Utilities - Water Works. The City of Ashland, a municipal corporation, shall have the power to provide the residents of said City with such services as water, sewer, Page] of 4 electric power, public transportation and such other public utilities as the people desire by majority vote; and to exact and collect compensation from the users of such public utility; provided, however, that any and all water and water works and water rights now owned or which may hereafter be acquired by said City, for the purpose of supplying the inhabitants thereof with water shall never be rented, sold or otherwise disposed of; nor shall the City ever grant any franchise to any person or corporation for the purpose of supplying the inhabitants of said City with water. (Emphasis added.) Finding: The legal interpretation of Article XVI, section one of the City Charter has been adopted as follows: "The charter language in question was adopted as an amendment to the charter by a vote of the people in May, 1970. The amendment was one among many presented to the voters significantly amending the 1889 charter by replacing it with the 1970 charter. The language was proposed by the Charter Revision Committee for `protection of the City Water System.' Thus the language was proposed in order to protect the water system sale or disposal. At the following election in November, 1970, other charter amendments were submitted to the voters. The city council resolution proposing the new amendments described the May charter amendment as providing "that, the water works should never be rented, sold, or otherwise disposed of." This same resolution adopted a ballot title for the November, 1970 amendments as follows: `Purpose: To amend Article XVI, Sections 1 and 5, of the 1889 Charter of the City of Ashland, as amended, by providing that the electrical power, water and sewer system shall never be rented, sold, or, otherwise disposed of, without a vote of the people... In other words, the charter provision was perceived before and after its adoption to protect the system from sale, not to restrict the sale of water to only city inhabitants. The import of the charter language is that the water works or system shall never be sold, not the water." Memorandum, Power of City to Sell Water Outside City, Paul Nolte to Mayor and City Council, 5/16/1994. Conclusion: City of Ashland Charter and the City of Ashland Resolution 97-27 permit water connection to governmental facilities outside the city limit. Finding: The City provides water rates and historically has sold and presently and regularly sells water to both private parties and governmental and/or commercial facilities outside the city limits. Finding: City of Ashland sewer waste systems and water supply systems have adequate capacity to accommodate additional flows from the SWRCA facility. Conclusion: ODOT must obtain State Planning Goal 3, 9, and 11 approvals before city will extend sewer and water facilities to service the development. Page 2 of 4 J Finding: ODOT with the likely assistance of Travel Oregon (Oregon Tourism Commission) is agreeable to and is intent upon fully funding the construction and operation of the SWCRA. Finding: The drafting and execution of an intergovernmental agreement between ODOT and the City that ensures funding of construction and operation of the SWCRA before extension of sewer and connection of water services is necessary for the city public interest. Conclusion: Prior to any construction or development of the S WCRA, staff of the City Public Works will draft an intergovernmental agreement between ODOT and the City that ensures funding of construction and operation that is acceptable to the Mayor and Council. Finding: The State Police considers the SWCRA to be in a prime patrol tactical zone for Siskiyou Mountain I-5 traffic and the OSP is agreeable to and is intent upon using the SWCRA as a branch location for department use. Finding: Providing potable water to supply the SWCRA irrigation needs is not in the city public interest and can be addressed by present legal authority. "The issue of providing water outside the UGB, such as to the proposed state welcome center, was raised in the discussion of the. water curtailment amendments. The council was concerned about how the city might enforce water curtailment measures outside the city limits. Since the initial adoption of the water curtailment ordinance, water contracts for delivery of water outside the city limits have included provisions making the water consumer subject to water curtailment provisions. Failure to comply with water curtailment laws allows the city to terminate the contract and therefor the service." Council Communication, Nolte, p.l (5/15/2001) Finding: Four years to complete development and begin operation of SWCRA is an adequate time period for ODOT performance and is necessary to ensure ODOT diligent performance toward completing the project. Conclusion: The presence and use of and information distributed by the Siskiyou Welcome Center and Rest Area is likely of benefit to the City of Ashland's tourism economy and surrounding areas and to all those who travel to and visit the City via Interstate 5. If developed and operated according to designs and/or conditions agreed to by ODOT and Travel Oregon, negative impacts, if any, to surrounding neighborhoods can be managed in order to address its presence and those visiting and leaving the facility. Therefore, extending service of potable water (not to be used for irrigation) and sewer (utilizing an existing sewer line fixture) is in the interest of and benefit to the City of Ashland. Section 2. ORDER. THE CITY OF ASHLAND MAYOR AND COUNCIL HEREBY ORDER: Approval of ODOTs application to extend for water and sewer contingent upon Welcome Center being built, water use from the City of Ashland be limited to non-irrigation use only and Page 3 of 4 adequate funding for maintenance and staffing with a four year limit to complete said development. This ORDE was duly PASSED and ADOPTED this 21" day of June, 2011, and takes effect upon the ing by the May Baz ara Christensen, City Recorder SIGNED and APPROVED this ,a day of June, 2011. J Stromberg, Mayor Rev' ed as to form: avid Lohman, City Attorney Page 4 of 4