HomeMy WebLinkAbout2009-0625 Special Mtg PACKET
CITY OF
ASHLAND
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AGENDA FOR THE SPECIAL MEETING
ASHLAND CITY COUNCIL
June 25, 2009
Council Chambers
1175 E. Main Street
5:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. SPECIAL PRESENTATIONS & AWARDS
1. Mayor's Proclamation of July.as Oregon National Guard Month
V. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the
commencement of the public hearing. All hearings must conclude by 9:00 p.m.. be continued to a
subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC S2.04.050}}
1. Should Council approve a resolution to adjust budget appropriations for Fiscal Year 2009 for
changes in operational expenses to remain in compliance with Oregon Budget Law? [5 Minutes]
VI. UNFINISHED BUSINESS
1. a. Should Council approve First Reading of an ordinance titled, "An Ordinance Ammending
AMC Chapter 13 to Establish Standards Forms for Right-of-Way Regulation and Providing for
Donation or Loan of Functional Items" and move the ordinance on to Second Reading [15
Minutes]
b. Should Council approve First Reading of an ordinanance titled, "An Ordinance Amending the
AMC Chapter 13 Adding Uniform Sidewalk Regulations and Repealing AMC 6.44" and move the
ordinance on to Second Reading? [30 Minutes)
VII. NEW AND MISCELLANEOUS BUSINESS
1. Does Council want to continue to purchase Environmentally Preferred Power from the
Bonneville Power Administration in Federal fiscal years 2010 and 2011? [5 Minutes]
VIII. SUMMARY OF MEETING
IX. ADJOURNMENT
6:00 p.m. Executive Session - regardinglabor negotiations pursuant to ORS 192.660(2)(d)
In compliance wilh the Americans wilh Oisabililies Acl, if you need special assistance to participate in this meeling,
please contact the City Administrator's office at (541) 488-6002 (ITY phone number 1-800-735-2900). Notificalion
72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the
meetino 128 CFR 35.102-35.104 ADA Tille I).
COLJNCLL 1'"IEETlNGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.llS
CITY OF
ASHLAND
Council Communication
A Resolution Transferrin~ Appropriations Within the FY 2008-2009 Bud~et
Meeting Date: June 25, 2009 Primary Staff Contact: Lee Tuneberg
Department: Finance E-Mail: tuneberl@ashland.or.us
Secondary Dept.: None Secondary Contact: None
Approval: ., Martha Benn Estimated Time: 5 minutes
Question:
Should Council approve a resolution to adjust budget appropriations for Fiscal Year 2009 for changes
in operational expenses to remain in compliance with Oregon Budget Law?
Staff Recommendation:
Staff recommends approval of the attached resolution to transfer appropriations within specified funds
for stated reasons.
Background:
There are three ways in which to change appropriations after the Budget is adopted.
1. A transfer of appropriations decreases an appropriation and increases another. This is the
simplest budget change allowed under Oregon Budget law. This does not increase the overall
budget. This is approved by a City Council resolution.
2. A supplemental budget ofless than 10 percent of total appropriations within an individual fund
follows a process similar to the transfer of appropriations. This process includes a notice in the
paper prior to Council taking action.
3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process.
This process includes a notice in the paper and a public hearing prior to the council taking
action.
A transfer of appropriations (Item #1 above) is needed to adjust the FY 2008-2009 budget for the
following reasons:
. A Transfer of$43,000 will be needed from the General Fund Contingency to Economic &
Cultural Grants in the same fund, to provide appropriations to cover the additional amount
approved by Resolution 2008-35 for the Chamber of Commerce, which raised the granted
amount from $262,000 to $305,000 with the proposed increase in the Transient Occupancy Tax
rate.
. A Transfer of $10,000 will be needed from the Capital Improvements Fund Contingency to
Facilities, Personal Services in the same fund, to provide appropriations to cover leave and
benefit bank payoffs per management and labor agreements.
· A Transfer of $1 0,000 will be needed from the Electric Fund Contingency to Electric
Conservation Program in the same fund, to provide appropriations to cover the additional
conservation loans approved in the last part of the year.
This is the fourth transfer of appropriations request for FY 2008-2009:
Page I of2
~.l'
CITY OF
ASHLAND
Attached is a resolution for your approval. The recommended changes in the budget are explained after
each request.
Related City Policies:
None
Council Options:
Council may accept this transfer of appropriations as presented, recommend modifications as discussed
or defer acceptance (takes no action) awaiting further information or clarification.
Potential Motions:
Council moves to adopt the transfer of appropriations resolution, amending the FY 2008-2009 budget.
Attachments:
Resolution
Page 2 of2
~~,
RESOLUTION NO. 2009-
A RESOLUTION TRANSFERRING APPROPRIATIONS
WITHIN THE 2008-2009 BUDGET
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION I.
Because of the circumstances stated below, the Mayor and City Council
of the City of Ashland oIetennine that it is necessary to transfer
appropriations as follows:
General Fund
To: Administrative Services - Economic & Cultural Grants
From: Contingency
$43,000
$43,000
To Transfer appropriations from Contingency to Economic & Cultural Grants in
recognition of the increased $43,000 granted to the Chamber of Commerce in FY 2008-
2009 as part of the higher Transient Occupancy Tax rate set by Resolution 2008-35.
Capital Improvements Furid
To: Personal Services
From: Contingency
$10,000
$10,000
To Transfer appropriations from Contingency to Facilities, Personal Services budget to
ensure sufficient appropriations to cover leave bank and benefit costs paid out in
accordance with employment agreements.
Electric Fund
To: Electric - Conservation Division
From: Contingency
$10.000
$10,000
To Transfer appropriations from Contingency to Conservation Program to ensure
sufficient coverage for conservation loans and related expenses approved late in the fiscal
year.
Total To:
Department Appropriations
$63.000
Total From: Contingency
$63.000
SECTION 2. This resolution was duly P A.SSED and ADOPTED this _ day of June, 2009
and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder.
Page I of2
SIGNED and APPROVED this _ day of June, 2009:
John Stromberg, Mayor
Reviewed as to fonn:
Richard Appicello, City Attorney
Page 2 of2
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Ordinance Amending Chapter 13: Part 1;
June 16,2009 Primary Staff Contact: Richard Appicello
Legal E-Mail: appicelr@ashland.oLus
Public Works Secondary Contact: Mike Faught
Martha Benn Estimated Time: 15 minutes
Question:
Should the Council approve First Reading of an ordinance titled, "An Ordinance Amending AMC
Chapter 13 to Establish Standard Forms for Right-of-way Regulation and Providing for Donation or
Loan of functional Items." and move the ordinance on to Second Reading?
Staff Recommendation:
Staff recommends Council approve the First Reading of this ordinance.
Backg'round:
The 2008 Downtown Task Force made several recommendations to the City Council concerning the
use of City sidewalks for commercial and other purposes, including: Issues 5 - 7, as outlined on the
attached Task Force Summary Report. Included in the report was concern for a more consistent
encroachment permit process and the establishment of standards for placement of functional objects in
the right-of-way.(e.g. planter boxes, benches, trash cans, etc) with allowance for private placement of
such public use items.
This Ordinance [Part 1] concerns only the establishment of standard forms for licenses, concessions,
permits and franchises for occupancy or encroachment in the right of way. Only the City is entirely
exempted from the permit requirement for placement of structures in the right of way, including
placement of functional items. An allowance is provided to permit donation [or loan to the City] of a
city functional item (similar to the public art process but not quite) provided it is in fact compliant with
the city standard (adopted by resolution) for such item.
Based on a June 17,2009 meeting with Councilor Chapman and Mike Faught, Legal staff recommends
the attached changes to ROW Ordinance. Other text changes and work on implementation documents
are discussed in the Council Communication concerning Part 2 of the Chapter 13 amendments.
Related City Policies:
Ashland City Charter Article X
Council Options:
(1) Move to approve First Reading of an ordinance titled, "An Ordinance Amending AMC Chapter 13
to Establish Standard Forms for Right-of-way Regulation and Providing for Donation or Loan of
functional Items" and move the ordinance on to Second Reading
(2) Postpone consideration.
Potential Motions:
Staff: [Conduct First Reading]
Page 1 of2
CITY OF
ASHLAND
Council: Move to approve First Reading of an ordinance titled, "An Ordinance Amending AMC
Chapter 13 to Establish Standard Forms for Right-ol-way Regulation and Providing for Donation or
Loan offunctional1tems" and move the ordinance on to Second Reading.
Attachments:
Proposed ordinance
Proposed text changes
Page 2 of2
ORDINANCE-NO.
AN ORDINANCE AMENDING AMC CHAPTER 13
TO ESTABLISH STANDARD FORMS FOR RIGHT-OF-WAY REGULATION
AND PROVIDING FOR DONATION OR LOAN OF FUNCTIONAL ITEMS
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold" .. ...'- and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession. .
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v. International Ass'n of Firefiqhters. Local 1660. Beaverton Shop. 20 Or.
App. 293, (1975); and
WHEREAS, the 2008 Downtown Task Force made several recommendations to the
City Council concerning the use of City sidewalks for commercial and other purposes,
including: Issues 5 - 7, as outlined on the Task Force Summary Report which concern,
inter alia, more equitable allowance for use of the public right-of-way for private
commercial use, a more consistent encroachment permit process, including standards
for placement of functional objects (planter boxes, benches, trash cans, etc - with
allowance for private placement of such public use items), control over the placement
and maintenance of miscellaneous publication racks and news-racks within the
downtown; and
WHEREAS, the City of Ashland wishes to modify and update City Ordinances relating
to use of City right-of-way to provide for standard forms and to make allowance for
donation or loan of functional items; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS
SECTION 1. The recitals set forth above are true and correct and are incorporated
herein by this reference.
SECTION 2. AMC Section 13.02.040 is hereby amended to read as follows:
13.02.040 Permission Required
Page 1 of3
A. Prohibition. Except as provided in AMC 13.02.040.C. , no No person or
entity may occupy or encroach on a public right-of-way without the permission of
the city. The city grants permission to use rights-of-way, includinQ but not
limited to streets and sidewalks, by franchises, licenses, concessions and
permits.
B. Standard forms. Franchises, licenses, concessions and permits for use of
riQht-of-way, includinQ but not limited to streets and sidewalks shall
comply with all applicable requirements for occupancy or encroachment of
such areas as set forth in Chapter 13.03 and other applicable provisions of
the Ashland Municipal Code. Franchises, licenses concessions and
permits shall be submitted on a City standard form franchise, license,
concession, or permit template, toqether with required fees. if any. Such
standard form templates and fees may be adopted and amended by the
City Council by Resolution.
C. City Functional Items. The City of Ashland is not required to obtain
permits or other City authorizations to place City utilities, facilities or other
structures. in the riQht-of -way, includinQ "functional items" intended for
public usaQe. City functional items include, but are not limited to, a City
standard bench, water fountain, planter box, QarbaQe receptacle, ash can,
bike rack, bollard, publication box, or other functional items identified by
Resolution of the City Council. The City Council Resolution shall identify
functional items and establish minimum standards for such items.
D. Donated or loaned functional items. An abuttinQ property owner tOQether
with the occupant may donate or loan to the City of Ashland a City
standard functional item for use in an adiacent sidewalk permit area. Other
persons or entities may also donate or loan functional items, for use in
non-adiacent public areas. Items accepted on 10an.reQuire insurance and a
maintenance I hold harmless I indemnity aQreement in the standard
approved form. Donated items do not require insurance or a maintenance
aQreement but the donations must be accepted by the City to be eliQible for
placement. The City Administrator is deleQated authority to accept
donations for purposes of this Chapter. No fees or charQes are required
for donated or loaned items. After demonstrated compliance with this
section, the City Public Works Director may authorize in writinQ the
placement of a donated or loaned city standard functional item, in locations
meetinQ, at a minimum, the six foot clearance requirement of AMC
10.64.010 or in approved locations shown on an adopted Downtown
Sidewalk Usaqe Map. Items not strictly complyinQ with minimum
standards for such City functional items, (e.Q. - a decorative art bench) may
be permitted throuQh the public art process in AMC Chapter 2.17.
E. Penalty. Knowinqly occupyinq or encroachinQ upon a public riQht-of-way
without the permission of the City shall be considered a Class C
Page 2 on
misdemeanor offense. subiect to the limitations of AMC 1.08. Violation of
anv code requirement. aQreement. permit. license. or provision thereof,
includinQ anv term. standard. requirement. or condition shall be considered
Class A violation punishable as provided in AMC 1.08.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 4. Savings. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced shall
remain valid and in full force and effect fqr purposes of all cases filed or commenced
during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions commenced and continued under the laws in effect at the time the matters
were originally filed.
SECTION 5. Codification. Provisions of this, Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1,
3-5) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors..
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2009
and duly PASSED and ADOPTED this day of , 2009.
~.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2009
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 3 of3
Attachment 2
Part 1 chanl!es to be read:
13.02.040 Permission Required
A. Prohibition. Except as provided in AMC 13.02.040.C. , no No person Q!
entity may occupy or encroach on a public right-of-way without the permission of
the city. The city grants permission to use i!!!!lliirights-of-way, .
by franchises, licenses, concessions and
~:..fThdr~~f~f}~~
permits.
B. Standard forms. Franchises licenses concessions and ermits for use of
utili ri h of-wa shall
complv with all applicable requirements for occupancy or encroachment of
such areas as set forth in Chapter 13.03 and other applicable provisions of
the Ashland Municipal Code. Franchises, licenses concessions and permits
shall be submitted on a City standard form franchise, license, concession, or
permit template, tOl!ether with required fees, if any. Such standard form
templates and fees may be adopted and amended bv the City Council bv
Resolution. * * *
D. Donated or Loaned Functional Items. An abutting property owner
together with the occupant may donate or loan to the City of Ashland a City
standard functional item for use in an adiacent sidewalk permit area. Other
persons or entities may also donate or loan functional items, for use in non-
adiacent public areas. Items accepted on loan require insurance and a
maintenance / hold harmless / indemnity agreement in the standard
approved form. Donated items do not require insurance or a maintenance
a reement but the donations must be acce ted b the Cit to be eli ible for
lacement. The Cit Administrator is dele ated authorit to acce t r. . ec
donations nil loan for ur oses of this Cha ter n tli !\! minisffiitor.ls sol
iscr.etion
After demonstrated compliance with this section, the City Public Works
Director may authorize in writing the placement of a donated or loaned city
standard functional item, in locations meetinl!, at a minimum, the six foot
clearance requirement of AMC 10.64.010 or in approved locations shown on
an adopted Downtown Sidewalk Usage Map. Items not strictlv complving
with minimum standards for such City functional items, (e.g. - a decorative
art bench) may be permitted through the public art process in AMC Chapter
2.17.
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Ordinance Amending Chapter 13: Part 2
June 16,2009 Primary Staff Contact: Mike Faught
Public Works E-Mail: faughtm@ashland.oLus
Legal Secondary Contact: Richard Appicello
Martha Benne Estimated Time: 30 minutes
Question:
Should the Council approve First Reading of an ordinance titled, "An Ordinance Amending the AMC
Chapter 13 adding Uniform Sidewalk Regulations and Repealing AMC 6.44" and move the ordinance
on to Second Reading?
Staff Recommendation:
. Staff recommends Council approve the First Reading of this ordinance.
Background:
The 2008 Downtown Task Force made several recommendations to the City Council concerning the
use of City sidewalks for commercial and other purposes, including: Issues 5 - 7, as outlined on the
attached Task Force Summary Report. Included in the report was concern for more equitable
allowance for use ofthe public right of way for private commercial use, as well as better control over
the placement and maintenance of miscellaneous publication racks and news-racks within the
downtown.
Two ordinances are attached to this Communication, the first is the same Ordinance included in the
May 5, 2009 packet. This Ordinance and implementation documents respond to Council's direction at
the May 5, 2009 meeting.
The revised ordinance contains 'shaded text. Shaded text is added, shaded strikethrough text is deleted.
The primary change to the Ordinance since your May 5, 2009 meeting is a narrowing of the
permissible uses of the sidewalk to Sidewalk Dining, Special Events and Publication boxes. This
limited allowance for use of the sidewalk is made to allow only the sale of categories of goods for
which there is a benefit to the public for use of the sidewalk. Sidewalk dining supports its tourism
promotion, a lively downtown scene and the unique nature of Ashland as a cultural and culinary
destination. Publication boxes support freedom of the press and the exchange of ideas.
Public Works Staff has also prepared various implementation documents in draft form.
Based on a June 17.2009 meeting with Councilor Chapman and Mike Faught. Legal staff recommends
the attached changes to ROW Ordinance.
Downtown Sidewalk Usage Map
The intent of the map is to delineate the spaces available downtown that are in excess of the six foot
minimum clear space requirements that is currently required in the Municipal Code, (AMC 10M010) and
also provide an accurate inventory of the placement of the various functional objects located in the
downtown area. This map will allow the Public Works Director to proactively target and specify
Page I of3
CITY OF
ASHLAND
locations where certain types of functional objects can be placed and meet the needed safety and
clearance standards.
If a request from a business or property owner is made to place an additional item in the sidewalk, the
Public Works Director can use the map and other code sections to determine if the placement is
appropriate and legal.
FUllctiollal Objects
The City Has existing standards for many of the functional objects that are currently in the sidewalk
downtown, including trash enclosures, benches, bike racks, and street lights. All public amenities in
the right of way need to be durable and appropriately placed to ensure that they are safe.
For some things, such as street lights, the City needs one standard. For other things, such as benches
and flower boxes, the City could either set a single standard or could allow some variation. Staff
recommends that Council allow variation but adopt performance standards that ensure the objects are
safe, durable, and well maintained.
The attached draft Right of Way Guidelines provides a summary of the information that will be in the
final resolution as the basis for the types and sizes of-objects in our sidewalk areas. The guidelines
also identify how the standards for each object are determined and whether a permit and fee is
required. The guidelines will provide details about maintenance and legal responsibility of the donor.
Publication racks are included as functional objects as the City is proposing to provide a City standard
that it will use in several locations as defined on the Downtown Sidewalk Usage Map. These
publication racks will be provided for publication distributors and will be allotted on a first come, first
serve basis. The intent is to collocate as many of the individual racks as possible, while still providing
ample space for the wide variety of publications available to our citizens and visitors.
Staff proposes that the city provide publication boxes for "free" publications on the plaza and near the
library.
Other Uses of the Right of Way
The use of our sidewalks for outdoor cafe's has been encouraged since the adoption of the 1988
Downtown Plan and formalized by ordinance in 2002. Findings which relates to limited use of the
right-of-way for sidewalk dining, special events and publication boxes will be prepared and submitted
for the record before second reading of the Ordinance. These findings relate to sidewalk dining as
tourism promotion and adding to the overall enhancement of the pedestrian experience and to the
overall aesthetic of the downtown area as compared to other potential sidewalk uses such as display
and sales of other merchandise and service.
Related City Policies:
Ashland City Charter Article X
Council Options:
(I) Move to approve First Reading of "An Ordinance Amending the AMC Chapter 13 adding Uniform
Sidewalk Regulations and Repealing AMC 6.44" and move the ordinance on to Second Reading.
(2) Postpone consideration.
Page 2 of3
CITY OF
ASHLAND
PotentiflI Motions:
Staff: [Conduct First Reading}
Council: Move to approve First Reading of an ordinance titled, "An Ordinance Amending the AMC
Chapter 13 adding Uniform Sidewalk Regulations and Repealing AMC 6.44" ana move the ordinance
on to Second Reading.
Attachments:
May 5, 2009 version of Ordinance
Revised Version of Ordinance with shading
DRAFT Right of Way Guidelines
Proposed text changes
Page 3 of3
ORDINANCE NO.
AN ORDINANCE AMENDING AMC CHAPTER 13 ADDING UNIFORM
SIDEWALK REGULATIONS AND REPEALING AMC 6.44
Annotated to show dolotiom: and additions to the code sections being modified.
Deletions are bold "---' <. -- .-'- and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefiqhters. Local 1660. Beaverton Shop. 20 Or.
App. 293. (1975); and
WHEREAS, the 2008 Downtown Task Force made several recommendations to the
City Council concerning the use of City sidewalks for commercial and other purposes,
including: Issues 5 - 7, as outlined on the Task Force Summary Report which concern,
inter alia. more equitable allowance for use of the public right of way for private
commercial use, a more consistent encroachment permit process, including standards
for placement of functional objects (planter boxes. benches, trash cans, etc - with
allowance for private placement of such public use items), control over the placement
and maintenance of miscellaneous publication racks and news-racks within the
downtown; and
WHEREAS, the City of Ashland wishes to modify and update City Ordinances relating
to use of City right-of-way and sidewalks to implement some of the recommendations of
the 2008 Downtown Task Force; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS
SECTION 1. The recitals set forth above are true and correct and are incorporated
herein by this reference.
SECTION 2. AMC Chapter 6.44 [SIDEWALK CAFES] is hereby repealed.
SECTION 3. A new Chapter AMC 13.03 is hereby added to read as follows:
13.03 Sidewalk ReQulation
Page 1 of 11
13.03.010 Purpose
The purpose and intent of this chapter is to protect and promote a safe
environment within the public riQhts-of way of the City of Ashland. specifically on
City sidewalks. The placement of obiects on the public riQht of way requires
adequate reQulation to ensure its primary purposes, which include:
Uninhibited pedestrian access on sidewalks
Access enterinQ and exitinQ vehicles parked in the riQht of way
Maintenance of utilities within the riQht of way
EmerQency service access to persons both within the riQht of way and on
private property.
It is also the intent of this chapter to recoQnize the importance of the aesthetic
Quality of the public riQhts of way by providinQ minimum standards to maintain a
positive visual streetscape for the City of Ashland that promotes the enioyable
use of the riQht of way for all of its intended and leQal purposes. This is achieved
throuqh the followinq:
Materials and Construction Standards
Maintenance and Safety Standards
Placement. Clearance and SpacinQ Requirements
Procedures for Abatement I Removal
Penalties
13.03.020 Definitions
A. AbuttinQ property owners and occupants. Any owner or occupant of
property which abuts the subiect adiacent sidewalk permit area.
B. Adiacent sidewalk area. That portion of the public sidewalk between the
curb line and the property line demarcated by extendinQ the side buildinQlines of
the premises until thev intersect the curb.
C. Downtown Sidewalk UsaQe Map lDSUM). A detailed map of the Ashland
Downtown District adopted bv Resolution of the Ashland City Council. The DSUM
qraphically demonstnitinQ the sidewalk areas available for occupancv or
encroachment under this Ordinance.
D. Sidewalk Permit Area. That area of a City public sidewalk beinQlawfully
utilized by a person or entity pursuant to a permit or aQreement with the City of
Ashland. Lawful use for purposes of this Chapter means compliance with all
applicable Federal. State, and local laws and reQulations. includinq but not limited
to full payment of fees. rates and charQes. if any.
Page 2 of 11
13.03.025 Limited Applicability to DesiQnated Zones. Permits and aQreements for
. occupancy or encroachment of the sidewalk permit area are available only if the
property is located in one of the followinQ zoninQ districts: C-1-D (Commercial
Downtown). C-1 (Commercial). or E-1 (Employment). Only lawful use is permitted.
Lawful use means uses and activities consistent with and in compliance with all
other applicable laws. includinQ City land use reQulations and controls. and all
other applicable Federal, State, County and City reQulations. All other sidewalks
outside the above desiQnated zones are not available for sidewalk usaQe by
permit or concession. other than exempt activities and uses. [functional items1. or
interim uses specifically provided for herein.
13.03.030 Exempt Activities: City Seasonal Event usaQe
NotwithstandinQ any provision to the contrary in this Ordinance, the City Council
may. at its discretion and upon such conditions as it deems appropriate. Qrant
permission to adiacent owners and occupants, by special permit for free use of
the sidewalk permit areas in the commercial zones of the City for desiQnated
seasonal events. Such Seasonal Event permits shall be initially limited to three
days for the Memorial Day weekend and three days for Labor Day weekend and
shall require a Sponsor to provide insurance. The City Administrator is deleQated
authority to Qrant permits for the above-referenced three-day events. The Council
may be Resolution establish additional seasonal event days and may also
establish standard forms with terms and conditions for participation in such
events.
13.03.035 Interim ReQulations for Publication Boxes (News-racks and Publication
Racks).
The City intends to provide standard publication boxes as City functional items
[See AMC 13.02.040.C & D1 for use by individuals and entities desirinQ to
distribute written materials, reQardless whether such publications are offered for
free or for a charQe. Said publication boxes to be provided by the city shall be
located on sidewalks or other public areas in desiQnated locations meetinQ
placement. clearance and separation standards or as otherwise desiQnated on
the adopted Downtown Sidewalk UsaQe Map. City standard publication boxes
will at first supplement and later replace privately owned boxes meetinQ minimum
dimensional standards at approved public locations. Until City placement of
such City standard publication boxes [anticipated to take a number of years1
interim reQulations and controls on existinQ publication boxes (inclusive of news-
racks. boxes and other publication racks) shall apply. Unless compliance is
exempted. Interim ReQulations require compliance with all applicable provisions
of AMC 13.03, all special reQulations noted therein, and standard forms adopted
pursuant to AMC 13.02. No fees or charQes shall apply to publication boxes
under the interim reQulations. Privately owned publication boxes will continue to
be permitted on private property, with the permission of the owner, provided they
do not interfere with inQress and eQress pursuant to BuildinQ and Fire Codes.
Page 3 of 11
13.03.040 Application. Permit Fees and Rates
The form of the application for occupancy or encroachment on sidewalks shall be
established by Resolution of the Council. The application fees and sauare
footaae rates or aross sales rates. if any. shall also be established by resolution
of the City Council. The Resolution approvina such fees and rates shall provide
for the annual adiustment of fees and rates by the CPI for the previous calendar
year. without the need to formally amend the resolution. Notwithstandina the
above the City Administrator may establish separate applications for exempted or
limited activities or interim reaulations or waive the application reauirement for
specified occupancies by written Order. )
13.03.050 Permit Application
A: Application for an annual permit or aareement to occupy or encroach on
sidewalk for any purpose. inclusive of commercial activity re.a. sidewalk dininal.
shall be made at the Public Works Department on an approved application form
toaether with the reauired fees and charaes. The application for permit or
aareement shall minimally contain:
(1) A completed application form. sianed by the abuttina property owner and
occupant: and.
(2) A submittal in full of the rental rate eaual to the annual (12 month) rental rate
for the sauare footaae of the adiacent sidewalk permit area reauested; and,
(3) A scale diaaram of the sidewalk permit area. with dimensions and the location
and description of all structures. materials and activities shown; and
(4) An executed standard form release. hold harmless, and Indemnity aareement.
as well as certificates of insurance and endorsement form.
(5)Other information shall be provided as reauired by the Public Works Director
to carry out the purpose of this chapter.
The Public Works Director shall forward all applications for review to the Fire
Marshall, Buildina Official and the Director of the Community Development
Department. Reviewina Departments shall provide input as to conflicts with City
codes. includina but not limited to Buildina. Fire and land Use Codes. If the
proposed use is not in compliance with zonina and land use reaulations and
approvals the use shall be denied.
13.03.060 Criteria
A. The Public Works Director shall review the application for its strict compliance
with the mandatory criteria listed below. There are no variances or exceptions to
the criteria of this ordinance.
1. location Within a Permitted Zone. Permits and aareements for occupancy or
use of the sidewalk permit area are available only if the property is located in one
of the followina zonina districts: C-1-D (Commercial Downtown), C-1 ,
(Commercial), or E-1 (Employment).
Page 4 of 11
2. Use of BuildinQ Occupant. A sidewalk permit area may be approved only for
use of the adiacent occupant. with the consent of the property owner. if different.
3. Six Foot Clearance Except as specified on the Downtown Sidewalk UsaQe
Map. and consistent with AMC 10.64.010. there shall be at least six (6) feet clear
and unobstructed passaQeway between the sidewalk permit area boundary and
any City owned or controlled fixtures or structures. includinQ but not limited to
benches. barriers. street trees. bike racks. lamp posts. siQn posts. or the curb
edQe. whichever is closest. The Public Works Director may require more than six
feet if necessary to accommodate pedestrian movement and ADA access.
4. Other Placement Standards.
Except as specified on the Downtown Sidewalk UsaQe Map. neither the sidewalk
permit area itself. nor any obiect located therein shall be placed. installed. used
or maintained:
a) Within six feet (6')of the outer edqe of any roadway.
b) Within ten feet (10')of any crosswalk
c) Within six feet (6') of any fire hydrant or other emerQency facility
d) Within ten feet (10') of any driveway or alley entrance/exit
e) In the public riQht of way within any un-authorized zoninQ district.
includinQ all
residential zoninQ districts
f) Within 3 feet (3') from either end of approved bicycle parkinQ U-racks
g) Within the footprint of any bus stop areas.
h) Within fifteen feet of an intersection.
Notwithstandinq the above. certain functional items [e.Q. publication boxes] may
be located within 24 inches of the roadway edQe/ curb face.
5. Materials and construction standards.
All temporary structures or obiect CincludinQ furnishiriQs s.uch as tables and
chairs). placed in the sidewalk permit area shall be of a weatherproof and sturdy
construction. (i.e. solid wood. iron. non-corrosive metal cement. or similar
material). Plastic is prohibited as suitable material for structures and furnishinQs
as are materials which stain or damaQe the sidewalk. Said items shall comply
fully with all applicable reQulations. includinQ buildinq codes. land use
ordinances and Resolutions of the city. The City Council may adopt by
Resolution material and construction standards. fincludinQ typicalsl. for public
furnishinQs placed in the sidewalk permit area.
Page 5 of 11
6. Maintenance and installation standards. Any item placed. installed or
maintained within the sidewalk permit area shall be subject to the followinq
maintenance standards:
a) No object shall be chained. bolted. or otherwise attached to any fixture.
tree or city functional item located in the public riqht of way. nor shall any
object be attached to the surface of the riqht of way.
b) Objects shall be desiqned and constructed to be movable by one person
and where practical. wheels shall be attached or attachable to allow for
ease of movement.
c) Objects placed in a sidewalk permit area shall not be used to violate any
other applicable code, includinq provisions and limitations on siqnaqe.
d) Objects. such as furnishinqs. placed in the sidewalk permit area shall have
information affixed to the exterior of the object includinq the name and
address of the owner and the name of the establishment with which the
object is associated includinq an emerqency contact number.
e) Obiects occupyinq the sidewalk permit area shall be maintained in a clean
and orderly condition and in qood repair at all times. This includes but is
not limited to maintaininq a condition which is reasonably free of dirt. rust
and qrease. The item is reasonably free of chipped. faded. peelinq or
cracked paint. All structural and/or movinq parts are in workinq order and
pose no safety hazard to the public. Any qlass or plastic (such as display
windows) are unbroken and reasonably free of cracks. dents, blemishes
and discoloration.
f) Objects must maintain a weather proof or weather resistant quality.
g) Objects shall be desiqned to be stable and self supportinq under a wind
load of at least 20 pounds per square foot without attachment to the
pavement or any other object
7. lIIeqal structures or usaqe. No sidewalk permit area will be approved if the
permit area or six foot clearance area adjacent to the permit area contains
structures. fixtures, obstructions or materials which have been iIIeqally placed or
affixed to or in the City riqht-of-way. For purposes of this ordinance lIIeqal
structure or usaqe includes not only items placed or activities conducted without
a permit but also items or activities which were initially placed or conducted
lawfully but for which the owner/operator has failed to maintain current payment
to the City.
8. Minimum Square Footaqe. The sidewalk permit area is a minimum of fifty (50)
square feet or as otherwise desiqnated on the Downtown Sidewalk Usaqe Map.
This provision does not apply to interim requlations for publication boxes.
9. Minimum Duration. The minimum duration of the permit is yearly (twelve
months, whether or not the entire year is available for use). This provision does
not apply to interim requlations for publication boxes.
Page 6 of 11
10. ArrearaQes to the City or PendinQ City Violations. No sidewalk permit area
will be approved for one year after a person or entity applyinQ for the permit has
been found in violation or is currently subiect to an active violation proceedinQs
for violation of the City of Ashland Municipal Code concerninQ or relatinQ to the
activity to be conducted in the permit area. This includes but is not limited to
actions for failure to maintain business license. arrearaQes of other delinquency
in food and.beveraQe tax receipts. transient occupancy taxes or unpaid balances
under the prior sidewalk dininQ ordinance.
11. Alcoholic beveraQes. The Public Works Director shall forward all
applications for review by the City Recorder for any proposed use which involves
alcoholic beveraQes. Written approval of the desiQnated City official in
accordance with City ordinances is required for any such proposed use. in
addition to state reQulatory requirements.
12. Liability Release. Indemnity. Hold Harmless. and Insurance. No sidewalk
permit area will be approved without an executed release aQreement and
insurance certificates as required by AMC 13.03.070.
13.03.070 Liability Release. Indemnity. Hold Harmless AQreement and Insurance
Prior to the issuance of permit. Permittee shall:
A.. Furnish a siQned Release. Hold Harmless and Indemnity aQreement. in the
City standard form. that the permittee shall release and hold the City of Ashland
harmless. as well as defend. indemnify and hold harmless the City. its officers
and employees. from any and all claims for damaQes to property or injury to
persons which may occur in connection with an activity carried on under the
terms of the permit. The aQreement shall also release the City from any and all
liability to the Permittee.
B. Furnish and maintain such personal iniury. property damaQe and Qeneral
liability insurance as will protect permittee and City from all claims for damaQe to
property or bodily injury. includinQ death. which may arise from operations under
the permit or in connection therewith. Such insurance shall provide coveraQe of
not less than the amount of municipal tort liability under the OreQon Tort Claims
Act. Such insurance shall be without prejudice to coveraQe otherwise existinQ.
and shall name the City. its officers and employees. as additional insureds. and
shall further provide that the policy shall not terminate or be canceled prior to the
expiration of the permit without 30 days written notice to the City.
C. For functional items and items subject to interim reQulations. the standard
aQreement lanQuaQe may be incorporated into standard applications andllor
permits forms and insurance requirements to add the city as additional insured
shall be deemed waived.
Page 7 of 11
13.03.080 Conditions of Permit
A. Reauirements for all sidewalk permit areas:
1. Each permit issued shall terminate December 31st of the year in which it is
issued. or earlier as specified on the face of the permit. Reauests for renewals
shall be filed with the Public Works Department prior to the expiration of the
oriainal permit. Renewals filed prior to expiration reauire a deposit of only six (6)
months rental rate. unless the applicant has previously been in arrears in which
case the deposit shall be the full annual rental rate. The Public Works Director
may approve. approve with additional conditions, or deny the reauest for renewal.
Unless fees are waived for the type of reauest. no application shall be accepted
for renewal without a renewal application fee. as specified on the City Council Fee
resolution.
2. The permit issued shall be personal to the permittee only and is not
transferable in anv manner.
3. The permit may be temporarily suspended by the Public Works Director in
the event of an emeraency as provided in AMC 2.62 or upon approximately forty-
eiaht hours advance notice if the public interest reauires use of the riaht-of-way
or sidewalk permit area for a public event. construction. repair. or any other
purpose. The City will attempt to provide notice of said suspension as soon as
practical. The City shall not be responsible for any loss or damaae claimed by
the permittee for such closure. except that permittee shall be entitled to a refund
of the rental rate based on a pro rated calculation of rates based on days of
closure.
4. The permit is specificallv limited to the area approved or as modified by the
Public Works Director, and will include a diaaram indicatina the area approved
and the location of the materials permitted to be in the riaht-of-way.
5. Onlv those thinas authorized by the permit and shown on the diaaram may
be placed in the sidewalk permit area. Should the permittee not utilize the
sidewalk permit area as authorized for a period of seventy-two (72) hours or
more. all the materials shall be removed.
6. All reauired federal, state, and local permits and authorizations for the
proposed use. re.a. food service OLCCl hall be obtained and complied with prior
to the occupancy. includina specifically any access modifications or parkina
improvements required to be completed prior to the commencement of the
occupancy.
7. Issuance of this permit does not authorize violation of any federal. state or
local law. includina City sian reaulations.
Page 8 of 11
8. Smokina shall not be allowed in anv sidewalk permit area..
9. Sidewalk permit areas must be supervised bv permittee or its emplovees.
except for function items or items subiect to temporary reaulations. rbut see
special reaulationsl
10. The permit authorizina use of the sidewalk permit area must be visiblV
displaved durina occupancv of the permit area.
11. The Citv of Ashland has the riaht to repeal or amend this Chapter and therebv
terminate or modify all private sidewalk usaae or operations. No permittee shall
obtain anv propertv riaht in the continued private use of the public sidewalk.
13.03.090 Denial. Revocation, or Suspension of Permit
A. The Public Works Director mav denv. revoke. or suspend the permit upon
findina that anv provision of this chapter or condition of approval has been
violated. The permit or aareement shall be suspended if the rental rate is not fullv
paid within three workina davs of the due date or if the Permittee fails to maintain
reauired insurance.
B. The Public Works Director shall aive notice of denial. revocation. or ,
suspension to the applicant or permittee in writina statina the action which has
been taken and the reason therefor. The action shall be effective immediatelv for
a denial and upon the expiration of the appeal period r10 davsl for a suspension
or revocation. Appeals shall be processed as provided in AMC 2.30. If an appeal
of a suspension or revocation is properlv filed, the suspension or revocation
shall be staved until resolution of the appeal. Upon hearina the matter. the Citv
Administrator shall render a final written decision.
13.03.100 Interim Special Reaulations for Publication Boxes. In addition to all
other applicable criteria. standards and reauirements in AMC 13.02 and 13.03. the
followina special reaulations for publication boxes are imposed.
A. Unless otherwise desir:mate on the Downtown Sidewalk Usaae Map. anv
publication box placed in whole or partiallv within the riaht of wav shall be
located in aroupinas with a linear dimension of no areater than twelve feet.
Publication boxes shall be placed immediatelv abuttina other publication boxes
within the approved aroupina location. A publication box aroupina shall be
placed a minimum of 200 feet from the closest existina aroupina on the same
side of the street. All publication boxes shall be 24 inches off the curb face to
minimize conflicts between vehicle doors openina into the sidewalk.
B. Unless otherwise desianated in the Resolution establishina standards for
functional items. no individual publication box shall exceed five feet in heiaht.
Page 9 of 11
thirty inches in width or two feet in thickness unless specifically approved by the
Public Works Director for publication boxes that serve multiple
publications/vendors/distri butors.
C. Publication boxes shall contain a system to prevent contents from spillina
out of the container such as claspina door systems. sprina loaded auto closina
doors. etc.
D. Each publication box shall be desianed. installed and maintained to protect
the contents from weather related hazards such as wind. rain. snow. etc
E. Each publication box shall display only its contents in a clear alass or
plastic window.
F. In the event a publication box remains empty of its contents and unused by
its owner for a period of more than 30 consecutive days. the publication box shall
be deemed abandoned and is subiect suspension or revocation or summary
abatement as outlined herein.
13.03.110 Penalties
A. Knowinaly occupyina or encroachina upon a public riaht-of-way without the
permission of the City shall be considered a Class C misdemeanor offense.
subiect to the limitations of AMC 1.08.
B. Any violation of the reauirements of this chapter. not addressed in A above.
shall be a Class A violation as defined by AMC 1.08 and punishable as set forth in
that section. .
C. The City Administrator or desianee is authorized to issue a citation to any
person violatina the provisions of this chapter. Issuance of a citation shall
triaaer revocation of the permit or aareement under Section 13.03.100 and in the
event of conviction. no permit shall be issued to the same person. entity or
address. for a period of at least two years.
13.03.115 Summary Abatement.
If the condition of any item tin the City riaht of way. includina any street or
sidewalk is such that it creates a risk of serious iniury to the persons or property.
the Public Works Director is authorized to pursue summary abatement in
accordance with Chapter 1.08 and to charae aaainst the responsible
owner/operator the full costs of such abatement.
SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
Page 10 of 11
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 5. Savings. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced shall
remain valid and in full force and effect for purposes of all cases filed or commenced
during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions commenced and continued under the laws in effect at the time the matters
were originally filed.
SECTION 6. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1,
4-6) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors..
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2009
and duly PASSED and ADOPTED this day of ,2009.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2009
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 11 of 11
ORDINANCE NO.
AN ORDINANCE AMENDING AMC CHAPTER 13 ADDING UNIFORM
SIDEWALK REGULATIONS AND REPEALING AMC 6.44
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold . and additions are in bold underline.
WHEREAS. Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions.
statutes. and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall. possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of FirefiQhters. Local 1660. Beaverton Shop. 20 Or.
App. 293, (1975); and
WHEREAS, the 2008 Downtown Task Forco mado sover::ll recommondations to the
:CityCouncil concorning tho use of City sidewalks for cOmmercial and other purposes;
including: Issues 5 . 7, as outlined on the T::Isk force Summary Report which concern:
~iFltor alia, moro equitablo allowance for use of the pUblic right of way for privato
~ommercial use, ::I more consistent encroachment permit process. including st5r1cf~
for placement oUunctional objects (planter boxes. benches. trash cans, eto wit~
I . .' . '..~
allowance for private placement of such public use items), control over the placement
pnd.maintenangg of miscellaneo\L~J2!:!J:llLg!jQ[!,~ and news raoks within tb,Q
do,unto,un' and
.. ... ,----
'NHERE!l.S. the 'City Of Ashland wishes to moaify and update City Ordin::lncos relating
, -
,to use of City right of way :md sidewalks to imRlement some of the recommendations of
!t1.tL2..QiL8~[!tQ"Y!l.I:l~liQ[QQ;"(mQ
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS
Page 1 of 12
SECTION 1. The recitals set forth above are true and correct and are incorporated
herein by this reference.
SECTION 2. AMC Chapter 6.44 [SIDEWALK CAFES] is hereby repealed.
SECTION 3. A new Chapter AMC 13.03 is hereby added to read as follows:
13.03 Sidewalk ~afe!mSpeciaIH8vElIit,jJ'andmRu6IIicatiol1,Bo)cJ ReQulation
13.03 .010 Purpose
Uninhibited pedestrian access on sidewalks
Access enterinQ and exitinQ vehicles parked in the riQht of way
Maintenance of utilities within the riQht of way
EmerQencv service access to persons both within the riQht of way and on
private property.
It is also the intent of this chapter to recoQnize the importance of the aesthetic.
Qualitv of the public riQhts of way bv providinQ minimum standards to maintain a
positive visual streetscape for the City of Ashland that promotes the eniovable
use of the riQht of way for all of its intended and leQal purposes. This is achieved
throuQh the followinQ:
Materials and Construction Standards (
Maintenance and Safety Standards
Placement. Clearance and SpacinQ Requirements
Procedures for Abatement I Removal
Penalties
13.03.020 Definitions
A. AbuttinQ property owners and occupants. Anv owner or occupant of
property which abuts the subiect adiacent sidewalk permit area.
Page 2 of 12
B. Adiacent sidewalk area. That portion of the public sidewalk between the
curb line and the property line demarcated by extendinQ the side buildinq lines of
the premises until they intersect the curb.
C. Downtown Sidewalk UsaQe Map (DSUM). A detailed map of the Ashland
Downtown District adopted by Resolution of the Ashland City Council. The DSUM
Qraphically demonstratinq the sidewalk areas available for occupancy or
encroachment under this Ordinance.
D. Sidewalk Permit Area. That area of a City public sidewalk beinQ lawfully
utilized by a person or entity pursuant to a permit or aQreement with the City of
Ashland fO'FItl1e'liffiiteamurpoSiS1SEm:fortl1fimttliSfOra.nance1 Lawful use for
purposes of this Chapter means compliance with all applicable Federal. State.
and local laws and reQulations. includinQ but not limited to full payment of fees.
rates and charQes. if any.
13.03.025 Limited Applicability to DesiQnated Zones. Permits and aqreements for
occupancy or encroachment of the sidewalk permit area are available only if the
property is located in one of the followinQ zoninQ districts: C-1-D (Commercial
Downtown), C-1 (Commercial). or E-1 (Employment). Only lawful use is permitted.
Lawful use means onlYnhe1limitiCIluseslanCl activities Ciimtifiearll"ereiiit:'Siaewal
aiOin anars ecialteven.i!iri'(l consistent with and in com liance with all other
applicable laws. includinq City land use reQulations and controls. and all other
applicable Federal. State. County and City reQulations. All other sidewalks
outside the above desiQnated zones are not available for sidewalk usaQe by
permit or concession, other than exempt activities and uses. [functional itemsl. or
interim uses specifically provided for herein.
13.03.030 Exempt Activities: City Seasonal Event usaQe
NotwithstandinQ any provision to the contrary in this Ordinance. the City Council
mav. at its discretion and upon such conditions as it deems appropriate, Qrant
permission to adiacent owners and occupants. by special permit for free use of
the sidewalk ermit areas in the commercial zones of the Cit for desi nated
seasonal events. S'UCIlY$e'a~'onal~tSTSRiIUiJ'9fdesl~dranarsti1UCi:urea to fulfil
a speclll[rpu6Iiern'e'e.dn'b"'lProrilotiffounsm'raliClrec(fn.omicmavel~tl Such
Seasonal Event permits shall be initially limited to three days for! tlielweeRf~
the Memorial Day weekend and three days for! ili'ilweeRfaftell Labor Day weekend
and shall require a Sponsor to provide insurance. The City Administrator is
deleQated authority to Qrant permits for the above-referenced three-day events.
The Council may be Resolution establish additional seasonal event days and may
also establish standard forms with terms and conditions for participation in such
events.
Page 3 of 12
13.03.035 Interim ReQulations for Publication Boxes (News-racks and Publication
Racks).
The City intends to provide standard publication boxes as City functional items
[See AMC 13.02.040.C & D] for use by individuals and entities desirinq to
distribute written materials. reQardless whether such publications are offered for
free or for a charQe. Said publication boxes to be provided by the city shall be
located on sidewalks or other public areas in desiQnated locations meetinQ
placement. clearance and separation standards or as otherwise desiQnated on
the adopted Downtown Sidewalk UsaQe Map. City standard publication boxes
will at first supplement and later replace privately owned boxes meetinQ minimum
dimensional standards at approved public locations. Until City placement of
such City standard publication boxes [anticipated to take a number of years]
interim reQulations and controls on existinQ publication boxes (inclusive of news-
racks boxes and other ublication racks shall a I. l!JiilesslextenCl&clT6.
Gouncilract!on!lal&5Iicatlonslmustmse1GI . ~ ul5liC""atlon16'OxeSlor~De'llocateCl 0
rixrate ro e, or In Clirsi natecllareaslor.freels eecfitzonesl6. "J:U~W2~O'W2
Unless compliance is exempted. Interim ReQulations require compliance with all
applicable provisions of AMC 13.03. all special reQulations noted therein. and
standard forms ado ted ursuant to AMC 13.02. iVIiX1estlfeeslanClrcmar es
suffl-WlentltoIco:v:er~maiiitenance Ima ~6elassesseClTfor~uselof[G"i uBrlcatl .
oxessG1tVJ60xeslsfi'iIlT6elassi neClr6VJlot.
'publication boxes under tile .interim requlations! Privately owned publication
boxes will continue to be permitted on private property. with the permission of
the owner. 5'ii'a1iilJ(lirsianateclrareaslan'arffeelspes-chlzonesl provided they do not
interfere with inQress and eQress pursuant to BuildinQ and Fire Codes~
13.03.040 Application. Permit Fees and Rates
The form of the application for occupancy or encroachment on sidewalks shall be
established by Resolution of the Council. The application fees and square
footaQe rates or Qross sales rates. if any. shall also be established by resolution
of the City Council. The Resolution approvinQ such fees and rates shall provide
for the annual adjustment of fees and rates by the CPI for the previous calendar
year. without the need to formally amend the resolution. NotwithstandinQ the
above the City Administrator may establish separate applications for exempted or
limited activities or interim reQulations or waive the application requirement for
specified occupancies by written Order.
13.03.050 Permit Application
A. A Iication for an annual ermit or a reement to occu or encroach on
sidewalk for tfie IimiteCl ur oses autfiorizeCl fierei '
shall be made at the Public Works
Department on an approved application form tOQether with the required fees and
charQes. The application for permit or aQreement shall minimally contain:
(1) A completed application form. siQned by the abuttinQ property owner and
occupant; and.
Pag~ 4 of 12
(2) A submittal in full of the rental rate equal to the annual (12 month) rental rate
for the square footaQe of the adiacent sidewalk permit area requested; and.
(3) A scale diaQram of the sidewalk permit area, with dimensions and the location
and description of all structures. materials and activities shown; and
(4) An executed standard form release. hold harmless, and Indemnitv aQreement.
as well as certificates of insurance and endorsement form.
(S)Other information shall be provided as required by the Public Works Director
to carry out the purpose of this chapter.
The Public Works Director shall forward all applications for review to the Fire
Marshall. BuildinQ Official and the Director of the Community Development
Department. ReviewinQ Departments shall provide input as to conflicts with City
codes, including but not limited to BuildinQ, Fire and land Use Codes. If the
. proposed use is not in compliance with zoninQ and land use reQulations and
approvals the use shall be denied.
13.03.060 Criteria
A. The Public Works Director shall review the application for its strict compliance
with the mandatory criteria listed below. There are no variances or exceptions to
the criteria of this ordinance.
1. location Within a Permitted Zone. Permits and agreements for occupancy or
use of the sidewalk permit area are available only if the property is located in one
of the followinQ zoning districts: C-1-D (Commercial Downtown). C-1
(Commercial), or E-1 (Employment).
2. Use of Building Occupant. A sidewalk permit area may be approved only for
use of the adjacent occupant. with the consent of the property owner. if different.
3. Six Foot Clearance Except as specified on the Downtown Sidewalk UsaQe
Map. and consistent with AMC 10.64.010. there shall be at least six (6) feet clear
and unobstructed passaQeway between the sidewalk permit area boundary and
any City owned or controlled fixtures or structures. includina but not limited to
firewilvdrants. benches. barriers. street trees. bike racks, lamp posts. siQn posts.
or the curb edae. whichever is closest. The Public Works Director may require
more than six feet if necessary to accommodate pedestrian movement and ADA
access.
4. Other Placement Standards.
Except as specified on the Downtown Sidewalk UsaQe Map. neither the sidewalk
permit area itself, nor any obiect located therein shall be placed, installed. used
or maintained:
a) Within six feet (6')of the outer edge of any roadway.
b) Within ten feet (10')of any crosswalk
Page 5 of 12
c) Within six feet (6') of any fire hydrant or other emeraency facility
d) Within ten feet 110') of any driveway or alley entrance/exit
e) In the public riQht of way within any un-authorized zoninQ district,
includina all
residential zoninQ districts
f) Within 3 feet (3') from either end of approved bicycle parkinQ U-racks
g) Within the footprint of any bus stop areas.
h) Within fifteen feet of an intersection.
NotwithstandinQ the above. certain functional items [e.g. publication boxesl may
be located within 24 inches of the roadway edQe/ curb face.
5. Materials and construction standards.
All temporary structures or object (includinQ furnishinQs such as tables and
chairs). placed in the sidewalk permit area shall be of a weatherproof and sturdy
construction. (Le. solid wood, iron. non-corrosive metal cement. or similar
material. Exc'e tiWfienToth-erwisels ecifleCllinlalGouncilfResolUfion lastic is
rohibited as suitable material for structures and furnishin S' siiiiiliifl. materials
which stain or damaQe the sidewalk a'i'elproililJii-. Said items shall comply fully
with all applicable reaulations, includinQ buildinQ codes. land use ordinances and
Resolutions of the city. The City Council may adopt by Resolution material and
construction standards. fincludinQ typicalsl. for public furnishinas placed in the
sidewalk permit area.
6. Maintenance and installation standards. Any item placed, installed or
maintained within the sidewalk permit area shall be subject to the followinQ
maintenance standards:
a) No object shall be chained. bolted. or otherwise attached to any fixture,
tree or city functional item located in the public riaht of way. nor shall any
object be attached to the surface of the riQht of way.
b) Obiects shall be desianed and constructed to be movable by one person
and where practical. wheels shall be attached or attachable to allow for
ease of movement.
c) Objects placed in a sidewalk permit area shall not be used to violate any
other applicable code, includina provisions and limitations on siQnaQe.
d) Objects, such as furnishinas. placed in the sidewalk permit area shall have
information affixed to the exterior of the object includinQ the name and
address of the owner and the name of the establishment with which the
object is associated including an emergency contact number.
e) Objects occupyinQ the sidewalk permit area shall be maintained in a clean
and orderly condition and in Qood repair at all times. This includes but is
not limited to maintainina a condition which is reasonably free of dirt. rust
and Qrease. The item is reasonably free of chipped, faded. peelinQ or
cracked paint. All structural and/or movinQ parts are in workinQ order and
Page 6 of 12
pose no safety hazard to the public. Any Qlass or plastic (such as display
windows) are unbroken and reasonably free of cracks, dents, blemishes
and discoloration.
f) Objects must maintain a weather proof or weather resistant Quality.
g) Objects shall be desiQned to be stable and self supporting under a wind
load of at least 20 pounds per square foot without attachment to the
pavement or any other object
7. lIIeQal structures or usaQe. No sidewalk permit area"will be approved if the
permit area or six foot clearance area adiacent to the permit area contains
structures. fixtures, obstructions or materials which have been iIIeQally placed or
affixed to or in the City riQht-of-way. For purposes of this ordinance lIIeQal
structure or usaQe includes not only items placed or activities conducted without
a permit but also items or activities which were initially placed or conducted
lawfully but for which the owner/operator has failed to maintain current payment
to the City.
8. Minimum Square FootaQe. The sidewalk permit area is a minimum of fifty (50)
square feet or as otherwise desiQnated on the Downtown Sidewalk Usage Map.
This provision does not apply to interim reQulations for publication boxes.
9. Minimum Duration. The minimum duration of the permit is yearly (twelve
months. whether or not the entire year is available for use). This provision does
not apply to interim reQulations for publication boxes.
10. ArrearaQes to the City or PendinQ City Violations. No sidewalk permit area
will be approved for one year after a person or entity applyinQ for the permit has
been found in violation or is currently subiect to an active violation proceedinQs
for violation of the City of Ashland Municipal Code concerninQ or relatinQ to the
activity to be conducted in the permit area. This includes but is not limited to
actions for failure to maintain business license. arrearages of other delinquency
in food and beveraQe tax receipts. transient occupancy taxes or unpaid balances
under the prior sidewalk dininQ ordinance.
11. Alcoholic beverages. The Public Works Director shall forward all
applications for review by the City Recorder for any proposed use which involves
alcoholic beveraQes. Written approval of the desiQnated City official in
accordance with City ordinances is required for any such proposed use. in
addition to state reQulatory requirements.
12. Liability Release, Indemnity. Hold Harmless. and Insurance. No sidewalk
permit area will be approved without an executed release aQreement and
insurance certificates as required by AMC 13.03.070.
13.03.070 Liability Release. Indemnity, HoldHarmless Agreement and Insurance
Page 7 of 12
Prior to the issuance of permit. Permittee shall:
A. Furnish a siQned Release. Hold Harmless and Indemnity aQreement, in the
City standard form. that the permittee shall release and hold the City of Ashland
harmless. as well as defend. indemnify and hold harmless the City, its officers
and employees. from any and all claims for damaQes to property or iniury to
persons which may occur in connection with an activity carried on under the
terms of the permit. The aQreement shall also release the City from any and all
liability to the Permittee.
B. Furnish and maintain such personal iniury. property damage and Qeneral
liability insurance as will protect permittee and City from all claims for damaQe to
property or bodily injury. includinQ death. which may arise from operations under
the permit or in connection therewith. Such insurance shall provide coverage of
not less than the amount of municipal tort liability under the OreQon Tort Claims
Act. Such insurance shall be without prejudice to coveraQe otherwise existinQ.
and shall name the City. its officers and employees. as additional insureds, and
shall further provide that the policy shall not terminate or be canceled prior to the
expiration of the permit without 30 days written notice to the City.
C. For functional items and items subject to interim reQulations. the standard
aQreement lanQuaQe may be incorporated into standard applications and/lor
permits forms and insurance requirements to add the city as additional insured
shall be deemed waived.
13.03.080 Conditions of Permit
A. Requirements for all sidewalk permit areas:
1. Each permit issued shall terminate December 31st of the year in which it is
issued. or earlier as specified on the face of the permit. Requests for renewals
shall be filed with the Public Works Department prior to the expiration of the
oriQinal permit. Renewals filed prior to expiration require a deposit of only six (6)
months rental rate. unless the applicant has previously been in arrears in which
case the deposit shall be the full annual rental rate. The Public Works Director
may approve. approve with additional conditions. or deny the request for renewal.
Unless fees are waived for the type of request. no application shall be accepted
for renewal without a renewal application fee. as specified on the City Council Fee
resolution.
2. The permit issued shall be personal to the permittee only and is not
transferable in'any manner.
3. The permit may be temporarily suspended by the Public Works Director in
the event of an emerQency as provided in AMC 2.62 or upon approximately forty-
Page 8 of 12
eiQht hours advance notice if the public interest requires use of the riQht-of-way
or sidewalk permit area for a public event. construction. repair. or any other
purpose. The City will attempt to provide notice of said suspension as soon as
practical. The City shall not be responsible for any loss or damaQe claimed by
the permittee for such closure. except that permittee shall be entitled to a refund
of the rental rate based on a pro rated calculation of rates based on days of
closure.
4. The permit is specifically limited to the area approved or as modified by the
Public Works Director, and will include a diaQram indicatinQ the area approved
and the location of the materials permitted to be in the riQht-of-way.
5. Only those thinQs authorized by the permit and shown on the diaQram may
be placed in the sidewalk permit area. Should the permittee not utilize the
sidewalk permit area as authorized for a period of seventy-two (72) hours or
more. all the materials shall be removed.
6. All required federal. state. and local permits and authorizations for the
proposed use. [e.g. food service OlCCl shall be obtained and complied with
prior to the occupancy. includinQ specifically any access modifications or
parkinQ improvements required to be completed prior to the commencement of
the occupancy.
7. Issuance of this permit does not authorize violation of any federal. state or
local law. includinQ City sign reQulations.
8. SmokinQ shall not be allowed in any sidewalk permit area.
9. Sidewalk permit areas must be supervised by permittee or its employees.
except for functional items or items subject to temporary reQulations. [but see
special reQulationsl
10. The permit authorizinQ use of the sidewalk permit area must be visibly
displayed durinQ occupancy of the permit area.
11. The City of Ashland has the riQht to repeal or amend this Chapter and thereby
terminate or modify all private sidewalk usage or operations. No permittee shall
obtain any property riQht in the continued private use of the public sidewalk.
13.03.090 Denial. Revocation. or Suspension of Permit
A. The Public Works Director may deny, revoke. or suspend the permit upon
findinQ that any provision of this chapter or condition of approval has been
violated. The permit or aQreement shall be suspended if the rental rate is not fully
paid within three workinQ days of the due date or if the Permittee fails to maintain
Page 9 of 12
re uired insurance. ,heleriTiidorn:a r&emenHsllall, Beslis'el1aeCl,;if,theiPeriTiitte
failslto!strictl"~llidelt)!':ftWe':t>'3un(tiriesrofctile'~iHewalk1'eriTfjtfarei
B. The Public Works Director shall aive notice of denial. revocation, or
suspension to the applicant or permittee in writinQ statina the action which has
been taken and the reason therefor. The action shall be effective immediately for
a denial and upon the expiration of the appeal period [10 daysl for a suspension
or revocation. Appeals shall be processed as provided in AMC 2.30. If an appeal
of a suspension or revocation is properly filed. the suspension or revocation
shall be stayed until resolution of the appeal. Upon hearina the matter, the City
Administrator shall render a final written decision. Inis1l're'melf'islnotTexclusive
tlle'reitVlmli""riilsOTciti!vio'lliitionsifOl'Counl1c'inciu(tlnw"mai'i"'Ifine'S''Wiil'laa(JifiOillfOfffi
remeavrsetlfoftll'Wat)Qve!
13.03.100 Interim Special ReQulations for Publication Boxes. In addition to all
other applicable criteria. standards and requirements in AMC 13.02 and 13.03, the
followinQ special reQulations for publication boxes are imposed.
A. . Unless otherwise desiQnate on the Downtown Sidewalk UsaQe Map. any
publication box placed in whole or partially within the riQht of way shall be
located in QroupinQs with a linear dimension of no Qreater than twelve feet.
Publication boxes shall be placed immediately abuttinQ other publication boxes
within the approved QroupinQ location. A publication box QroupinQ shall be
placed a minimum of 200 feet from the closest existina Qroupina on the same
side of the street. All publication boxes shall be 24 inches off the curb face to
minimize conflicts between vehicle doors openinQ into the sidewalk.
B. Unless otherwise desiQnated in the Resolution establishina standards for
functional items, no individual publication box shall exceed five feet in heiQht.
thirty inches in width or two feet in thickness unless specifically approved by the
Public Works Director for publication boxes that serve multiple
pu bl ications/vendors/distri butors.
C. Publication boxes shall contain a system to prevent contents from spillinQ
out of the container such as c1aspinQ door systems, sprinQ loaded auto closinQ
doors. etc.
D. Each publication box shall be desianed, installed and maintained to protect
the contents from weather related hazards such as wind. rain, snow, etc
E. Each publication box shall display only its contents in a clear Qlass or
plastic window.
Page 10 of 12
F. In the event a publication box remains empty of its contents and unused by
its owner for a period of more than 30 consecutive days. the publication box shall
be deemed abandoned and is subject suspension or revocation or summary
abatement as outlined herein.
13.03.110 Penalties
A. KnowinQly occupyinQ or encroachinQ upon a public riaht-of-way without the
permission of the City shall be considered a Class C misdemeanor offense.
subiect to the limitations of AMC 1.08.
B. Any violation of the requirements of this chapter. not addressed in A above,
shall be a Class A violation as defined by AMC 1.08 and punishable as set forth in
that section.
C. The City Administrator or desii:!nee is authorized to issue a citation to any
person violatinQ the provisions of this chapter. Issuance of a citation shall
triQQer revocation of the permit or aQreement under Section 13.03.100 and in the
event of conviction. no permit shall be issued to the same person. entity or
address. for a period of at least two years.
13.03.115 Summary Abatement.
If the condition of any item tin the City riQht of way. includinQ any street or
sidewalk is such that it creates a risk of serious injury to the persons or property.
the Public Works Director is authorized to pursue summary abatement in
accordance with Chapter 1.08 and to charQe aQainst the responsible
owner/operator the full costs of such abatement.
SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section. subsection, paragraph. or clause
shall not affect the validity of the remaining sections, subsections. paragraphs and
clauses.
SECTION 5. Savings. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced shall
remain valid and in full force and effect for purposes of all cases filed or commenced
during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions commenced and continued under the laws in effect at the time the matters
were originally filed.
SECTION 6. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
Page 11 of 12
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1,
4-6) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors..
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2009
and duly PASSED and ADOPTED this day of , 2009.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2009
John Stromberg, Mayor
Reviewed as to form:
Richard Appicelio, City Attorney
Page 12 of 12
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Right-of-Way Encroachment Guidelines
Table of Contents
Introduction
Purpose
Definitions
Background
Requirements
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Guidelines for encroachments that require a permit
Planters
Benches
Newspaper Stands
Sidewalk Cafes
H:\ShipletDlCouncil\Council Communication\2009Vunc 15 and 16\DRAFT ROW Encroachment Guidelincs.docPage I
Right.of-Way Encroachment Guidelines
Illtroductioll
All of the items listed in this document - newspaper racks, sidewalk cafes, planters, and
benches - require a permit that can be obtained from the City of Ashland Public Works
Department (PW). For information regarding the permit process, please contact the PW staff,
(541)488.5347. The basic permit process is shown as a flow chart below.
ROW Encroachment Permit Process Example
h.
Individual contacts City and determines thai a permit is needed to place an object in the public ROW
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City staff(PW) provides individual with infomlation regarding how to gel a permit
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Individual submits a completed permit application
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PW processes the application
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The application is reviewed against the ROW encroachment ordinance guidelines
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If the application meets the ROW encroachment ordinance guidelines for the permit, it is fonvardcd to the
(Will be updated in the fUlure)
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The Fire Marshall, Building Offician and the Director of Community Development Department reviews
the application
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The application is approved. PW issues a permit.
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PW enforces the permit.
,
Purpose..p- ,
The purpose o!j.iliis document is to prescribe the place and manner for requirements for
the placement of encroachments upon any public right-of-way within the City of Ashland. These
requirements are set forth to protect and promote the public health, safety, and welfare of citizens
of the City. This is accomplished by eliminating potential hazards to motorists and pedestrians
using the public streets, sidewalks, and rights-of-way. Property values are safeguarded and
enhanced by consistent application of design standards.
H:\ShiplctDlCouncil\Council Communicalion\2009Vune 15 and 16\DRAFT ROW Encroachment Guidclincs.docPage 2
Right-of-Way Encroachment Guidelines
Definitions
Street furniture: Street furniture refers to equipment installed on streets and roads in the public
right-of. way for various purposes, including benches, planters, trash receptacles, cigarette
disposal containers, street trees, and newspaper stands.
Encroachment: An encroachment is any structure, building, fixture, sign, or other object
belonging to any person who has constructed, installed, or placed on, in, over, or under any
public street, public sidewalk, or public right-of-way, other than encroachments which will
remai~ in place for a temporary period of time not in excess of one,i'.,~.
Temporary sidewalk planter: An object suitable for growing p"l,an,t'fllaterial that can be placed
in the right-of-way that is not a permanent fixture and can be rei'n~S{(irat any time.
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H:\ShipletD\Council\Council Communication\2009Vune 15 and 16\DRAFT ROW Encroachment Guidclines.docPage 3
Encroachments that require a permit
Planters
Benches
Newspaper Stands
Sidewalk Cafes
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H:\ShiplctDlCouncil\Council Communication\2009\June 15 and 16\DRAFT ROW Encroachment Guidelincs.docPage 4
Right-of-Way Encroachment Guidelines
Plal/ters
Purpose
The purpose of this section is to provide for consistent application of design guidelines for
planters in the public right-of-way. Planters are a desirable element as they can be decorative
and can add an element of beauty and identity to individual shops and street comers. For the
purpose of these guidelines, temporary planters are distinguished from permanent planters by the
function of movability and structure.
Definitions. /./f:.,^..
Temporary: As used here, temporary defines an object that can be.pllced"in the right-of-way
that is not a permanent fixture and can be removed at any time. .
'"
Temporary sidewalk planter: An object suitable for grolYiIfgiplant material that can be placed
in the right.of.way that is not a permanent fixture an,;b~'!'llioved atilWti:me.
R e qui rem e n t s .dl,T:~'" ~.'i/
Required height: Temporary planters will have aheigljtlsf not l~~..!han eighteen inches and not
more than 54 inches. ""~J' "' ,
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Required weight: Temporary planters ","iihhave a minimu; ~&ss,weight of fifty (50) pounds,
but once full of material, the weight will tf&t;~\-such that sidew~1itfdamage will occur.
y~ -<,~, '~ilil'
Required Placement: Temporary planters m". be ~~,r{d~~~~ ~g~ilist a building. Structure and
plant matenal must allo. w,a sl2-~f~~t clearance f~, geilestnans.,p'
~'G.'-\"1'h. .,\ J'
Required plant materi.~~:. Tempifr~rY planters sh'6,uld be well maintained.
/"'*~'\, t~ ~""#
Required structure: Tem1o~~1Y' Rl:!ltyr,~sQ'Zuld be ~i:Jle to withstand gusting winds and attempts
to kick them O\lr.r;,;~ . -.f. ~
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H:IShiplctD\CounciIICouncil Communication\2009Vune 15 and] 61DRAFT ROW Encroachment Guidclines.docPage 5
Benches
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Purpose AI,
The purpose of this section is to provide for consistent application of de~ guidelines for
benches in the public right-of-way. Benches are a desirabf~,el~1nent, as li\~?!ian be decorative,
and they can be functional sculptural pieces. Benches,sIfouldlJe provided fO'ttiliose using the
public space in downtown. P. ;;..,... ~~ ..
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Definitions. . . .. '(\!~/'. ;. .
Bench: A bench IS an object placed m the,pubhc nght-of-w,a.~, to P, rovlde opportUnIty for slttmg.
to.. .1),.,
A bench has a seat and may have an armri1.~.4.;;d a back. ~":!,,;>
";!~.~~:u ~~" ~
. _." , ,.~,r;" "
Ch . h . . bl' f ~ .' ,'''''''' f ~'i$ b' k d .
aIr; A c air IS a mova e pIece 0 lumlmre conslstm 0 a seat, eg's, ac , an sometimes
'(;,,''S' .. "
armrests, for use by one person. f\,- > '
- ' ,
TBha c k gro u nf d bl' r~~" d'" ']' >. . h bl' . h f
e provIsIOn 0 pu 19,.~seatmg Is(e,l).courage m ap'propnate ocatlOns In t e pu IC ng t-o .way.
Public seating is an1ililp~nant eletheht in furnishin"'g' -outdoor rooms. Plazas, squares, and wide
~~f-":'1I. AfJI .'i'~
sidewalks are all intendea.(o.!wede~tri\\!1 use and should be furnished in a manner that promotes
h B h I!'~'-;,\ A"!i'''le-A>,o-, d '''h 1 f ~. C d' d
t at use. e~'_~~:J$~omume~)X1t p ant~~,an,;iot er e ements 0 street lurnlture. oor mate
street furniture~is\ei1cb1ira ed.~"Y;" ~
Ar ~.. ,,~,""
&t ",,~,
R e .q,u~~!" men t s
Bench slI1Jtture: A bench sh<)uld ha~e a sitting area of about thirty six (36) inches and a backrest
that extend';!\'~.~~t twenty f:Wi (24) inches above the sitting area. A backrest is not a required
feature. A bench',should have?3'n armrest, although an armrest is not a required feature. A bench,
or a planned sitti;fgi!fre,a, shoG(d be about seventeen (17) inches off the ground.
'Y',","-
';~
,
H:\ShipleIDlCounci]\Council Communication\2009Vune]5 and ]6\DRAFT ROW Encroachment Guidelines.doePage 6
Newspaper Stands
!
Purpose
The purpose of this section is to provide guidelines for consistent application of newspaper
"''r~
stands. Newspaper stands are an element of street furniture that can'5Ifange,rapidly. There are
currently several daily,. weekly, and monthly publications in the,g~~ Ashland. . An of these
publIcatIOns need dlstnbutlOn space. Some pubhcatlOns are fO.[isale'a!ltl~eed a dlstnbutlOn
source where money can be exchanged for the product. Thes1iguidelili{s~PI.?vide codification
for the design of structures to promote consistent standa~d.fif9r ffewspapcl1dis,tribution structures
in the public right-of. way. ",;('..... ~~
Definitions /'..~, ~
~Id;.
City Provided Multiple Unit News Racks (MUNR): A multiple unit news rack is a structure
designed to hold newspapers and PUbliciiY9.l/;~, and to facilitat~~g:le or distribution of for fee
or free publications. ~~~\. . ~J
T~.-..'~-t~., " 'if'
'f:a ~~ (?
Background . . . ~ .~~~_~". .
Pnvate compames are prohlb[ted from chammg. 10cKmg, of{at:..tl;!chmg 10 any way a newspaper
box or stand in the pub~S,.r{r~~;:;ray in the d(;~own are~To prevent theft of newspaper
boxes and reduce clutte1ft IS deSIrable to assemBle them 10 deSIgnated areas 10 coordmated ,
MUNRs that can be,6iffted-to the Jiiibwalk. Redu~lttg,\he amount of clutter in the public
right.of-way works to p~~ote pU5iic.safety, clear hassage, and ease of sidewalk maintenance.
')f~~~'
. R e q u i)isemfr~s~~ .~~ . /"":.;&,.
Should,aibmpany d?sii"e~.tQ,secureil!rnews]laper rack, box, or stand in the public right-of-way in
h "y.. h' h d 'I;<{i?'. ff''y',^--"" d d h fMUNR Th
t e we~;":';;p In t e owntq.w sta recommen s an promotes t e use 0 '. e
aesthetic"oL'the design of MUNR wil~~ controned by the Public Works Director. The units
must be ex~~'hg.l!Rle. The Di1~tor of Public Works Operations must approve the safe
construction Jiinilards constitiJ'ent with the ordinance. The design of MUNR should prevent
abuse, damage, ~&iiittem~ft!~andalism. The Public Works Department is responsible for the
instanation and maJ;t~ancrofMUNR in the downtown. The City win designate locations for
MUNR in areas of go0!:(jsibility and pedestrian traffic. Should a newspaper distributor elect to
be part of a MUNR, tlfe newspaper distributor win enter into a written agreement with the City to
use the MUNR exclusively in an areas where the units are provided.
No MUNR shan be located in whole or in part on private property without the express written
consent of the property owner or the owner's representative, and in no case shall a MUNR be
located at any location so as to obstruct the clear-view triangle of street intersections or street and
driveway intersections, or so as to otherwise interfere with the clear a(ld unobstructed vision and
H:\ShipletD\Council\Council Communication\2009\Junc 15 and 16\DRAFT ROW Encroachment Guidelincs.docPage 7
cross view of motorists at street intersections, driveways, or alleys. MUNR shall be located such'
that a minimum of six feet for pedestrian travel space remains available on the sidewalk.
H:IShipletDlCouncillCouncil Communication\2009Vune l5-and 161DRAFT ROW Encroachment Guidelincs.docPage 8
Sidewalk Cafes
'-~
Purpose ~
The purpose of this section is to provide for consistent application ~:agitn)guidelines for
sidewalk cafes. Sidewalk cafes add a festive element to downtow..tii~sidewalk cafe is a logical
extension of a restaurant or bar into the public right-of.way. Q~aoJr(eating and drinking during
good weather is enjoyable, and it adds an element of peopl~ ~1!tching frt1i') teraction to outdoor
spaces in the Center City. . L'" ' ' ~,'
Definitions .:no..., ~
Sidewalk cafe: A sidewalk cafe is an outdoor extens;~16 ,.anJ;fs'ing premise li!ed as a
restaurant.
~ ~
Requirements ' . '4: . ~
Outdoor premises may occupy portions of th~pub IsJiiiil"t'of.wa)l provided that a minimum six
foot clearance is left for pede.s.!!~ns to pass o~'l'~~iaew-;;ik~~jp;gbIiC alleyways may not be used
for sidewalk cafes. ',. ',~ <, ~~'l'~ ~'t.. ]fr
" /!!.. C" ~
Generally, colors sha11<contribute to.\the urban character of the downtown.
~~ !.'L, fx.""
,,'+1l'>... ~~~ii'!?l~ ~/
MAINTENA. NeE, _ ~.,".$;~~~
;~,. '._"..,," ~v
I. C')u~or premise ..s~.l}ll be"~~tem clean at all times; planters must be kept clean of
debljs~~ead plant lif~~iiJ~ted iJi~lovements on public right-of-ways must be kept freshly
painted and~fJ:ee, fi. rom rust. 'I J7
, ;~
2. Materiaik;for sidewall,}6afes can be left out year round per the discretion of the business
owner(s). Materiii'i~f9.{ the sidewalk cafe must be in compliance with the maintenance section
requirements at all tiniy .'
3. The owner of the sidewalk cafe is responsible to maintain the property during all seasons,
including the removal of snow and ice.
4. To promote security, staff recommends that tables and chairs be locked together or taken
inside every evening to prevent theft and damage.
H:IShipletDlCouncillCouncil Communicationl2009Vune 15 and 161DRAFT ROW Encroachment Guidelines.docPage. 9
Lllalla vllltJlCL - rvvu. r.e. UIJ'-'UllllIl!-f UIUlllall'-'C al .....~':!.!.!:::::..I.
. CAH<;O I ij
From:
To:
Date:
Subject:
Martha Bennett
Adam Hanks; Bill Molnar; Diana Shiplet; Mike Faught; Richard Appicello
6/11/2009 3:07:25 PM
Fwd: Re: Upcoming ordinance at Council
Hello all - I told Curtis we would attach this email to the Council packet. Diana - Please attach to the
second right of way ordinance (the one I scribbled all over).
thanks
This email is official business of the City of Ashland, and it is subject to Oregon public records law for
disclosure and retention. If you have received this message in error, please let me know.
Martha Bennett, City Administrator
(541) 552-2103
>>> Sneak Preview <sneakore(cD.mind.net> 6/10/2009 10:39 AM >>>
Hi Adam,
I am a very small player in this game of newspaper racks. I have only
ONE rack downtown in front of Louie's (well, there's one in front of
Starbucks, also, but I don't care about it). The owner of Louie's has
given me permission to be there. I would strongly urge an addendum to
the ordinance that says, "If a publication wants to limit itself to
only ONE location downtown and has the cooperation of the business
owner, they should be allowed to do so."
This week I'll be coming out with my Best of Ashland Collectors
edition. I will put a rack next to my regular rack in front of
Louie's for five months. I go through 800 copies a week at that
location because the tourists love it, and that rack is in a pertect
place with a lot of foot traffic. If I were to join your program with
the multi-publication boxes, there would have to be 15-20 of those
racks spread out around the downtown to get the same results. The way
I'm doing it now-by limiting myself to ONE location-is a lot more
efficient. Please consider the addendum above:
I agree that all the multiple racks can look junky, but in an open
society that relies on the free dissemination of information, it's
not really a bad thing, is it?
Curtis
On Jun 10, 2009, at12:18 AM, Adam Hanks wrote:
> Curtis,
>
> I wanted to check in with you and make sure that you were aware of
> the final leg of the 2008 Downtown Task Force ordinance that will
> again be in front of the City Council in their upcoming meeting on
> June 16th. As I am sure you are aware, the taskforce had three
> primary issues; the downtown employee parking ban, sign code
> "tweaks" and the use of the right of way for display/storage of
> merchandise. At the request of the task force, the issue of
> newsrack placement and standards was also included in the right of
;.!-'U::IIIO VI 1I...,ICa - .2.::VVU_ I'\C~~l..UIIJl.IH UI UIII=,!..Il..C~l LJUUIIl..Jl
'ClYC LB
> way issue.
>
> We discussed the matters with the Council in a study session on
> June 4th and again in the Council meeting on June 5th. Minutes
> are available at htto://ashland.orus/Aqendas.aso.
>
> Of the many details that the Council has yet to provide specific
> direction is how the newsrack placement and standards regulations
> will be structured. One option is to have the free publications
> have the option of being located in a multi publication box
> provided by the City in several key downtown locations and have
> publications that require payment (coin operated) to have a permit
> and a fee since they are more commercial in nature. The basic
> issue was organizing the racks, creating spacing requirements to
> avoid the look of the racks in front of the Chamber and to include
> spec's that would give the City the ability to remove racks that
> are no longer in use or are not maintained to certain standards.
>
> Given your interest in the task force in general and your obvious
> interest as a publication distributer, I wanted to make sure that
> you were in the loop and knew the schedule so you could provide input.
>
> I will be out of town until next Wednesday and would be very glad
> to meet with you then or have a phone conversation about the
> issues. If you are desiring some discussion .prior to next week
>with me, either Bill Molnar or Mike Faught are up to speed and
> could provide you with some information.
>.
> I will be checking e-mail while I am out and I would be glad to
> respond to specific questions that way as well or schedule a time
> for us to meet next week.
>
> Thanks,
> Adam
>
>
> Adam Hanks I Permit Center Manager
> City of Ashland, Dept of Community Development I 51 Winburn Wy I
> Ashland, OR 97520
> (541) 552.20461 (541) .488.60061 adam<Cilashland.orus
>
>
> This email is official business of the' City of Ashland, and it is
> subject to Oregon public records law for disclosure and retention.
> If you have received this message in error, please contact me at
> (541) 552.2046. Thank you.
>
I
.J
Attachment 4
Part 2 chanl!es to be read:
13.03.060.A
5. Materials and construction standards. All temporarv structures or obiect (includinl!
furnishin s such as tables and chairs laced in the sidewalk ermit area shall be of a
weather roof and sturd construction i.e. solid wood iron non-corrosive en
or similar material).
8. Minimum Square Footal!e. ~fiiillmlltlmtllll!ilJi'aT.t~ sidewalk permit area
is a minimum of fifty 150) square feet or as otherwise desil!nated on the Downtown
Sidewalk Usal!e Map. This provision does not applv to interim rel!ulations for publication
boxes.
'-
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Purchase of Environmentally Preferred Power from BP A
June 25, 2009 Primary Staff Contact: Dick Wanderscheid
Electric E.Mail: wandersd@ashland.oLus
Finance Secondary Contact: N/A
Martha Benne Estimated Time: 5 minutes
Question:
Does the Council want to continue to purchase Environmentally Preferred Power (EPP) from the
Bonneville Power Administration (BP A) in Federal fiscal years 2010 & 2011?
Staff Recommendation:
Staff recommends that the City continue to purchase I aMW of Environmentally Preferred Power
(EPP) from BP A for fiscal years 20 10 & 20 II.
Background:
The City has purchased I aMW of Environmentally Preferred Power annually from BP A since 200 I.
This power is mixed with our power supply and rate based and therefore is paid for by everyone as a
small part of their electric rates.
To continue this purchase in Federal Fiscal Year 2010 & 2011, we must notify BPA in writing of our
desire to do so by July 15, 2009. Purchasing this power for 2 additional years also provides the City
with an option to continue this purchase until 2016 under the City's new 20 year Regional Dialogue
Power Sales Contract.
This power costs an additional $10.50 MWh, which equates to an extra $91,980 annually for this I
aMW. The City offsets part of this cost by applying the maximum allowable amount of our
Conservation Rate Credit (CRe) to cover part of these additional costs. It is estimated that 40.60% of
the costs will be eligible for this rate credit program in 2010 & 2011. The Renewable Energy Credits
(REC's) that accompany this power are banked on the City's behalf in a BPA /Ashland sub-account in
the Western Renewable Energy Generation Information System (WREGIS) by BP A. These REC's
can be transferred, exported or retired to comply with future Renewable Portfolio Standards
requirements. BP A does this on the City's behalf and also pays the fees that accompany using this
tracking system.
The City could open our own account with WREGIS but then we would be responsible for the fees and
also reporting the REC'S to WREGIS. The fee would consist of an annual fee of$1500.00 and a
volumetric fee of $.005/REC. By having a sub-account with BP A, we avoid these fees. However,
when the City retires, transfers, or exports the REC's, the City must pay the retirement fee of
$.OOI/REC. By continuing to purchase EPP from BPA in 2010 & 2011, they will continue to maintain
. the sub-account along with paying the fees, and banking the REC's in our account.
This purchase also preserves the option to continue to purchase EPP or its successor from BP A through
2016. Purchasing EPP from BPA is really the only feasible option for the City to purchase renewal
energy as a part of our wholesale power mix. This coupled with our programs to encourage customer
Page 1 of2
r~'
CITY OF
ASHLAND
owned renewables and our aggressive conservation activities, fulfill numerous council and
Commission goals and desires. It also helps achieves them in the most cost effective simple and
straight forward manner.
For all these above reasons, staff feels that this purchase should continue in 20 I 0 & 20 II.
Related City Policies:
The City Comprehensive Plan, the Valdez Principles, and numerous City Council and City
Commission Goals support the use ofrenewable resource.
Council Options: ,
1) Authorize the City's Electric Director to notify BP A of our intent to purchase 1 aMW of EPP in
Federal Fiscal Years 2010 & 2011.
2) Decline to continue the purchase ofEPP from BP A.
Potential Motions:
Move to authorize the City's Electric Director to notify BPA of the city's desire to purchase 1 aMWof
EPP from BP A in 2010 & 2011. .
Attachments:
None
Page 2 of2
~~,