HomeMy WebLinkAbout2005-35 Mt. Ashland Ski Area
RESOLUTION 2005-35
A RESOLUTION OF THE CITY OF ASHLAND IDENTIFYING CITY P'OLICY
RELATING TO THE CITY'S OBLIGATIONS AS THE PERMIT HOLDIE:R FOR
THE MT. ASHLAND SKI AREA - AMENDED
Recitals:
A. The City of Ashland holds the Special Use Permit (SUP) for the Mt. Ashland Ski Area
(Forest Service Special Use Permit dated May 10,1991).
B. The City of Ashland as the permit holder is ultimately responsible for complilance
with the terms and conditions of the SUP (SUP Section VILA).
C. The City of Ashland leases the ski area facilities to Mt. Ashland Association (Lease
Agreement dated July 9, 1992). The Lease Agreement gives the City of Ashland the right
to conduct inspections and investigations of ski area operations (Section 13.4).
D. Pursuant to the Lease Agreement, Mt. Ashland Association has agreed to assume
responsibility for compliance with the Permit terms and conditions.
E. The City of Ashland places a high priority on the protection of the Ashland tv1unicipal
Watershed which originates in the ski area permit area.
F. The Special Use Permit, upon termination of the permit, requires removal of
equipment and restoration of the Mt. Ashland Ski area (SUP section X.A).
G. The responsibility to restore the ski area and the ultimate maximum liability for
restoration of the Mt. Ashland Ski is uncertain and contingent on policy and
environmental standards that may be in effect at such future time that restoration is
required.
H. The City of Ashland desires to prudently plan for and address responsibility for this
contingent liability.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The City Council shall take reasonable steps to estimate the cost of
removal and restoration, including the planned expansion area, in accordance, at a
minimum, with the restoration standards specified by the Forest Service Environmental
Assessment and Decision Notice of April 1992 (Alternative C). Reasonable steps shall
include an initial inquiry of the US Forest Service for an estimate. If the US Forest
Service is unable to or refuses to provide such estimate, the City will take such other
reasonable steps as it determines prudent to estimate the costs of restoration. The City
Council will make reasonable efforts to reach a mutual agreement with Mt. Ashland
Association regarding the maintenance of reserves, bonding, or other security to fund the
estimated cost of the ski area restoration.
SECTION 2. The City of Ashland requests that Mt. Ashland Association providle a
Business Plan showing capital expenditure and operating projections for the plmmed
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expansion. The City Council may retain an independent accounting firm to review the
Business Plan. The requested Business Plan should include these elements:
· Proj ected construction expenditures for each year of the expansion build out.
· Proj ected sources of funds for financing the expansion for each year of the build out.
· Projected operating revenues and expenses reflecting historic skier visitation variability
for at least a la-year time frame during and after the expansion build out.
· Sources of funding for financing restoration/rehabilitation reserves.
· Sources of funding for financing the QA/QC team.
The City will request MAA to provide an annual update to the business plan until} build
out of the expansion has been completed.
SECTION 3. The City Council shall cooperate with Mt. Ashland Association to appoint
a Quality Assurance/Quality Control team to oversee ski area construction and protection
of the municipal watershed, substantially as described in the comments submitted by the
City of Ashland to the Forest Service on October 7, 2003 (DEIS comments). Ideally, the
QA/QC team should be an independent team of2 to 4 persons specialized in soils and
hydrology that coordinates with the City, MAA, and the Forest Service. The QAIQC
team should be formed prior to construction to define strategies for erosion and sediment
control, mitigation, and restoration/remediation. The City Council will make reasonable
efforts to reach a mutual agreement with Mt. Ashland Association to provide construction
funding for the QA/QC team and to ensure that all future construction activities I~omply
with the coordinated recommendations of the QA/QC team and the Forest Service.
SECTION 4. The City Council will make reasonable efforts to reach a mutual agreement
with Mt. Ashland Association to implement this resolution before future construction
activities commence.
SECTION 5. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland M#~
Sectio .04.090 and duly PASSED and ADOPTED this L day of ~
2005
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Barbara Christensen, City Recorder
SIGNED and APPROVED this
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