Agendas and Minutes

City Council (View All)

Regular Meeting

Tuesday, August 03, 1999

August 3, 1999
Civic Center Council Chambers, 1175 E. Main Street

Council Chairperson Don Laws called the meeting to order at 7:00 p.m., in the Civic Center Council Chambers.

Councilors Laws, Reid, Hauck, Hanson, Wheeldon and Fine were present. Mayor Shaw was absent.

The minutes of the Regular meeting of July 20, 1999 were approved as presented .

1. Minutes of Boards, Commissions and Committees.
2. Monthly Departmental Reports.
3. Adoption of the City of Ashland Budget Committee Charge.

Councilors Reid/Wheeldon m/s to approve Consent Agenda. All AYES. Motion passed.

1. Public Hearing re vacation of a portion of Indiana Street.
Public Works City Engineer Jim Olson explained to council this action is a culmination of along planning process involving the realignment of Indiana Street. Olson explained that two years ago, the city entered into an tri-party agreement with Southern Oregon University and Oregon Department of Transportation to accomplish this realignment with each party putting up $50,000 to get this accomplished. Stated that the city was given the charge of actually accomplishing this project which involved preparing the contracts and completing the work in 1998. Olson explained the final solution of the right-of-way, which involves acquiring a new right-away along the new alignment and vacating the old right-away. Stated that in the agreement the right-of-way was to be an equal exchange for equal values.

Olson clarified that the original estimate was $150,000, but that half-way through the project there were some fuel tanks discovered and an additional $18,000 was added onto the expense of the project. Confirmed that the total cost of the project was $170,000 of which $50,00 was the city's expense.



First reading of "An Ordinance Vacating a Portion of Indiana Street on Property Owned by Southern Oregon University near Siskiyou Boulevard."

Councilors Hauck/Fine m/s to approve first reading and place on agenda for second reading. Roll Call Vote: Hanson, Hauck, Wheeldon, Fine, Reid and Laws; YES. Motion passed.

Olson further explained for council that there were some design standards imposed by the state and that they were met in the construction of this project.

Eric Navickas/711 Faith
/Voiced his concern with the erosion in the Mt Ashland area. Provided information and mapping of the areas that show the erosion. Explained that a group has been formed to boycott Ski Ashland, and that they are asking that the community support this effort to stop the expansion. Requested that council visit the site to see for themselves.

Sophia McDonald/1250 Siskiyou Blvd/SOU Student Government Update/Voiced appreciation of city's discussion involving transit issues. Updated the council on how student government is encouraging the use of bus service. Confirmed that there was monies budgeted for transit and Councilor Laws suggested that before a decision is made by SOU in spending this money, that they confirm the status of discussions between the city and RVTD with the City Administrator.


1. Council Meeting Look Ahead.

City Administrator noted that there is an additional agenda item for the 8/05/99 study session dealing with finalizing strategic planning process. Explained that the discussion regarding the Hillah Temple during the study session is to update the council on the status of progress and make sure that staff is going in the direction council has requested.

2. Discussion regarding the YMCA parking lot.
City Administrator explained the process that had been taken in the decision to participate with the paving of the YMCA parking lot. Apologized to council that they had not been made aware of an agreement of partnership between the City and the Parks Department to try to address a parking concern through the use of the city soccer fields. Stated that the request had been made about nine months ago to assist in paving the portion of the new parking lot adjacent to the joint YMCA/City multi-purpose fields. Clarified that the total cost of the project is around $17,000 ($10,000 out-of-pocket) and that the work has already been completed.

Councilor Reid shared a letter from Adroit Construction thanking the city for their generosity in meeting the need of the community. Clarified that this was not an additional city owned parking lot. Councilor Laws explained that because this is a benefit to the whole community, along with the adjacent city owned park, and that the city was within its right to contribute in this way because it was clear this served a public interest.

3. City of Ashland Cable Television Franchise Agreement with Ashland Fiber Network.
City Attorney Paul Nolte explained that this is the first cable franchise that the city has seen in over 15 years which is for the Ashland Fiber Network, a division of our Department of Electric Utilities. Explained that this is a much more sophisticated and comprehensive document than the existing franchise with the incumbent cable provider. Nolte explained that the agreement places more requirements on AFN than are now required of the incumbent and it is far more comprehensive in what it provides for the city for public educational and governmental channels. Stated that it is intended that the document be used for in the future for renewals of existing cable franchises and any other cable system that may come in the city.

Councilor Hauck commented on a nation-wide issue concerning open access and wanted this to be made clear in the franchise agreement that this would be required. Suggested adding the following language to the agreement: Non-discriminatory Access to Internet Access System. Grantee shall provide non-discriminatory access to the Grantee's Internet Access System for internet service providers, whether or not such providers are affiliated with Grantee. Grantee may limit such access only in terms of requiring such providers to utilize the network and technological standards developed by Grantee. Hauck explained that this would protect open access, currently being provided, for the future.

City Attorney Paul Nolte advised council that this has been required in three other jurisdictions in the nation, and these jurisdictions have been sued for this requirement. Nolte noted that he was fairly certain that the city would not be sued if language is added to this franchise agreement. Explained that this agreement would be used as a model for future renewal and new franchise agreements.

City Administrator Freeman explained for council that beginning in the year 2003, the peg access fee would increase from .60 to .75 which would be the only monetary issue in the franchise agreement. Stated that when a new contract is negotiated with another provider, that all at once and together they will switch over to the new fee.

Nolte explained that this is a five year franchise, and the last franchise signed was a twenty year franchise agreement. Stated that because the technology is changing so quickly, it is recommended that the franchise agreement be more short-term.

Nolte clarified for council that the language is vague in respect to requiring the payment of $15@ month and this is a non-discriminatory clause meaning that, that language was meant to say everyone is charged the same. Explained that the intent was not to provide a technological solution for anyone walking into the door and wants to get onto the system. New users would need to use the technology that has been developed, which now allows for internet providers.

Councilor Fine agrees with sentiment behind the proposed addition to agreement, in that we would be assuring from the outset, that there would always be non-discriminatory access to the AFN system. Stated that if that is our objection, does not believe this needs to be added because we control AFN. Fine felt that there was a broader purpose in writing the franchise agreement, and that was to set out ground rules which absolutely every cable or telecommunication entity would have to follow in the future of the city. Stated that the ground rules have become very stringent, and that everyone is being held to a very high standard.

Fine commented on being wary of putting in a provision that we don't really need, in order to guarantee that it will provide non-discriminatory access in something that we want to use as a model. Commented on an application that may be coming to the city very soon, because of change of ownership, regarding Falcon Cable to Charter Cable. Fine feels that we are just about guaranteeing that the city will be taken into federal court regarding this provision and causing the city to incur significant litigation expenses. Fine stated that he would prefer to wait and see what happens with the existing litigation cases, and then, if we find we can lawfully and constitutionally impose this requirement, to do it at that time.

Fine stated that the agreement on the whole is a fantastic piece of work, well written and a good set of rules as to how publically and privately owned telecommunications operators should be made to get along and serve the people.

Hauck agrees regarding comment by Fine on the agreement as a whole, but disagrees in regards to the proposed language because this can not only be used as a model for any future franchise agreements, but it will protect individuals in the future with multiple internet service (ISP) providers. Councilor Fine did not believe that this needed to be included in the franchise agreement to obtain this objective, but could be a condition of the sales agreement. Hauck stated that if this already written, there would be no need to rely on future council to make sure this is done.

Nolte explained that he would not recommend to the council, that in a transfer agreement, this provision be included. The reason is, when dealing with an incumbent's franchise that is almost twenty years old, it is very simplistic in its terms in regards to assignments and transfers. Stated that the transfer agreement says, "Upon assignment of the franchise, the franchisee must obtain the consent of the city". Nolte noted that this is a built in good faith and that the consent cannot be unreasonably withheld. Clarified that the cities that are under litigation have more sophisticated franchises and have the ability to open up the terms upon transfer. Nolte does not believe that we have this ability. Agrees with Councilor Fine, that if we put this language in future transfer agreements, the city would be sued.

Nolte noted that the application for transfer has been submitted to the City by Falcon Cable to Charter Cable, and will be coming to council shortly. Suggested not putting the new language into this transfer agreements, but that when it expires in 2003, would be more timely in understanding what the federal law will or will not allow.

Councilor Fine commented that the most conservative approach to take, and still get the benefit for our citizens, is not put it in at this stage. At the time litigation is settled in the federal courts, the City could amend the franchise agreement by mutual consent and add the language. His concern is with other entities that may want to use its existing lines for internet service. Hauck clarified that other entities, such as US West, are already required under their terms as a local telecommunications providers to have non-discriminatory access.

Councilors Hauck/Reid m/s to adopt amendment agreement by adding the following section 2.10. Roll Call Vote: Reid, Hauck, Wheeldon and Laws, YES; Hanson and Fine, NO. Motion passed 4-2.

Councilor Hauck/Fine m/s to adopt Cable Television Franchise Agreement with Ashland Fiber Network. Roll Call Vote: Fine, Reid, Wheeldon, Hauck, Hanson and Laws, YES. Motion passed.

4. Acquisition and dedication of Oredson-Todd Woods as a City Park.
City Attorney Nolte explained that this is a proposal by the Southern Oregon Land Conservancy to donate to the city the Oredson-Todd Woods to be used as public open space and public park. Explained that this has gone through the Park Commission who has recommended that the city obtain title to this land. Nolte asks council to realize that it comes with severe restrictions as to its use, but those uses are very compatible with park and open space purposes.

Nolte explained that the matter before council is to accept a deed from SOLC for the property. If the deed is accepted, the conditions of the donation to the city is that the city grant back to SOLC a conservation easement which will provide the restrictions as to the use of the property. In addition, SOLC is requesting a one time payment in lieu of public service of $5,000 which they will use in perpetuity, for the monitoring of this property, to ensure that it is used in the manner that it was first donated to them.

Nolte clarified for council that the $5,000 would come from open space dollars.

Alex Liston Dykema/ Executive Director of Southern Oregon Land Conservancy/Made himself available for questions.

Jim Moore/Board Member of Southern Oregon Land Conservancy/1217 Park Street/Urged council to accept offer being made by SOLC. Commented on the value of the piece of property, approximately 9.88 acres being donated to the park system. Stated that this add an additional park to the 110 wooded acres called the Siskiyou Mountain Preserve. Explained that what the city will get, is a beautiful riparian area, through which runs Hamilton Creek and Clay Creek and is continuously used by many Ashland residents. Moore described the property as complete with hiking trails which tie into the Siskiyou Mountain Preserve.

As an Ashland Budget Committee Member, Moore commented that one of the issues that people often ask, is how much are the maintenance costs. Moore stated that there is very minimal maintenance costs associated with this property. Explained that historically, maintenance to hiking trails has been done by the citizens of the surround neighborhoods who use the area. Moore does not believe there is any reason to believe that such a relationship would not continue, with minimal park department involvement.

Councilor Fine noted paragraph four, under Prohibited Uses in regards to emergency motorized vehicles. Stated that the prohibition appears to prohibit patrolling of the area in regards to criminal activity. Fine requested that this could be broadened to make it clear that emergency services could use vehicles in their non-emergency situation. Kellogg explained that the wording came directly from their deed to the property and that there is some flexibility in the deed as long as it fits within the purposes.

Councilor Laws voiced his concern on having motorized vehicles running through this area on a routine basis for patrols. Felt that it would destroy the atmosphere that is being reached.

City Attorney Nolte explained that law enforcement officers, under official duties, will not look at boundary lines, but continue with enforcement.

Reading by title only of "A Resolution Dedicating Property for Park Purposes Pursuant to Article XIX, Section 3, of the City Charter (Oredson-Todd Woods)."

Councilors Hanson/Fine m/s to approve Resolution # 99-49. Roll Call Vote: Hauck, Fine, Wheeldon, Reid, Hanson and Laws, YES. Motion passed.

Councilors Reid/Fine m/s to accept deed, grant conservation easement to SOLC and authorize payment of a $5,000 donation to SOLC for its use in monitoring the condition and status of the property. Voice Vote: All AYES. Motion passed.

5. Update on implementation of the City's Public Information, Communication and Marketing Plan.
Administrative Services Director Dick Wanderscheid reported to council that the this item was for information purposes only and that a more complete report will be given to council prior to the next budget season. Wanderscheid noted that the project on updating the audio equipment in the council chambers is currently being implemented, and that all new equipment has been ordered and will be installed when it arrives.

Wanderscheid handed out the 1998 Annual Water Quality Report being mailed out to all residents. Explained that the report was done with the help of the Public Works and the Water Quality Division, and is an annual requirement under the federal Clean Water Act. Noted that this is an example of the direction the city wants to take with marketing and communication. Confirmed that the paper is recyclable as high quality office paper, and that this report will be published annually and sent to all residents.

Clarified for Reid that phosphates are not monitored in the drinking water system. Reid requested that this be discussed on the agenda at some point in the future.

Clarified for Laws that the statement that the city's water meets or exceeds federal requirements is language that is dictated under the Clean Water Act. Emphasized that the law is very technical and dictates what information is provided and in what form. Explained that the one violation mentioned in the report had to due with a quarterly report that was not turned in at the proper time. Wanderscheid emphasized that Ashland has very good drinking water.

Hanson questioned why "The Communications Group" was used when there is a marketing person on staff. Freeman explained that the marketing required to start up the AFN is more than one person can do, and stated that there will be on-going marketing and advertising efforts throughout the life of the AFN. Emphasized that this is in line with the business plan, and within the budget, for the AFN.

Reid reminded Wanderscheid that there had been discussion and direction from council that the agenda format would not be changed, and requested that if there are any changes to the design of the council chambers, that the council be involved in this process. Emphasized that the chambers' current layout is the best she is seen in Oregon, as council members have eye contact with one another and the public.

Wheeldon questioned the mention of the electric utility strategic marketing plan. Wanderscheid clarified that this has not been done and explained that this is because deregulation is not occurring as soon as expected, and the details of deregulation have yet to be decided.

Wheeldon requested that staff put together a list of items and contact names from page 1, major goal c, that councilors need to address.

6. Update on the implementation of Council's 1999 - 2000 Goals.
City Administrator explained that this is a quarterly report on council goals. Provided an update on the Citizen Involvement Plan that is underway, with a meeting to occur and the project to be complete by the end of December. Emphasized that this is a guideline to be used for engaging the public in the community process.

Noted that Community Development is working on the Riparian Ordinance to be completed in January. Also noted the upcoming implementation of the community land trust program, which is currently being developed for wrap up by the end of 1999. Stated that staff is updating economic development goals for the city, to be completed in the first quarter of 2000. Explained that the development of standards for the construction of public buildings is still in the committee process, and will be brought back to council for adoption in January. Commented on large building projects which are in process: the Hillah Temple, Fire Station and Library.

Councilor Hauck commented on his involvement in and commitment to setting up the Social and Human Services portion of the Strategic Plan.

7. Discussion regarding the Fall council workshop.
Provided council with new dates to consider for the workshop as Oct 4th, 5th, 8th; 11th, 12th, and 13th. The 5th was removed because it is a council meeting date.

8. Discuss/Finalize the Process to Use for Updating the Economic Development Chapter of the City's Comprehensive Plan.
Freeman summarized what the council will be asking a committee to do in developing economic development strategies and recommendations; reviewing the roles and responsibilities of economic development agencies in Ashland; and preparing staff recommendations for proposed changes to the Comprehensive Plan. Noted that public hearings would occur. Asked council to confirm this by adopting the process suggested and directing the staff to move forward.

Wheeldon requested clearer direction for the committee in determining if the existing plan meets the community's current and emerging economic development needs. Council discussion indicating that the committee will need to determine their direction based on available information. Council suggested that the committee provide council with the background information that is used in arriving at their recommendations.

Fine questioned whether adding "outlining and explaining the committee's recommendations" to item #3 would clarify things. Council discussion indicating that councilors would simply prefer to have copies of the back-up documentation used by the committee. Fine noted that he is very pleased at the direction that staff has taken in addressing this item as he requested in goal setting.

Freeman noted that a list of possible committee members was handed out to council prior to the meeting, and requested that council add any additional suggestions at the next study session.

Councilor Reid concerned with the fact that the city is moving in a new direction with regard to economic development by moving toward high tech industries, with the Ashland Fiber Network, rather than tourism. Questioned whether council should speak to this, or wait for input from the committee. Freeman stated that he believes that the suggestion has been to allow the committee to point out, from their perspective, where work is needed. Council will ultimately have the decision in looking at the committee's recommendation and adopting policy.

Hauck stated that he sees no conflict between tourism and high tech industry. Council discussion of moving away from exclusive reliance on service industry.

Councilors Fine/Hauck m/s to approve the process recommended by staff for updating the economic development chapter of the city's Comprehensive Plan. Voice vote: All AYES. Motion passed.

9. Motion to authorize the City Administrator to hire a consultant to develop background data for council to use in setting up a task force to develop plans for mass transit to carry out goals of the transportation plan.

Councilors Wheeldon/Reid m/s to place this item on the agenda. Voice vote: All AYES. Motion passed.

Councilors Wheeldon/Reid m/s to authorize the City Administrator to hire a consultant to develop background data for council to use in setting up a task force to develop plans for mass transit to carry out goals of the transportation plan. Voice vote: All AYES. Motion passed.

10. Discussion regarding letter from Department of Environmental Quality and draft effluent reclamation and reuse plan

Councilors Wheeldon/Reid m/s to place this item on the agenda. Voice vote: All AYES. Motion passed.

Freeman summarized the correspondence that had been sent by an employee of the Oregon Health Division of the Department of Human Resources to the Department of Environmental Quality raising concerns about the City's plan to spray treated effluent. Concern had to do with microbial growth in the effluent holding ponds, and the "aerosol effect" that could result with spraying this effluent through "big gun" sprinklers.

Freeman stated that this letter is based on inaccurate information, and an incomplete knowledge of the project. Also noted that the Oregon Health Division has no regulatory authority over this project, and both the city and the DEQ were surprised by this letter. Emphasized that the letter was not copied to the city, and was provided by a secondary source after it had been received by the DEQ. Freeman emphasized that the project is in full compliance with all DEQ regulations, and continues to be supported by the DEQ.

Stated that the city will confer and consult with both the DEQ and the Health Division to ensure that all health concerns are addressed. Noted that an interagency meeting is set between all parties for August 12th. Pointed out that Health Division has no evidence supporting the concern expressed by their employee nor does it have any evidence of health problems in other similar projects around the US.

Noted copy of Health Division letter and staff response, along with a letter from the DEQ stating their support for the project and their desire to work out the issues raised by the Health Division. Stated that staff felt it was important to inform council on this matter, and with this presentation council has all of the information that staff does, and updates will be provided as information becomes available.

Freeman confirmed for Reid that Public Works Director Paula Brown has been involved by conference call in these discussions. Explained that DEQ would normally inform the Health Division of such a project, and this was not done in this case. Emphasized that Health Division has no regulatory role and this is merely a preliminary comment. Reiterated that it was apparent in speaking to the Health Division staff member who drafted this letter that he was unaware of the precautions, testing and buffer zones which have been included in the project design. Stated that staff will be working to bring Health Division up to speed on the project. Discussed how this letter would have originated, noting that staff is uncertain of how Health Division became involved at this stage.

Reid commented that if the DEQ were not placing the .08 requirement on phosphate levels, the city would not be in this position and the water could be returned to the creek. Laws noted that city's secondary treatment reduces bacteria levels to considerably below what is necessary for swimming pools. Noted that the water after treatment is considerably cleaner than what is in the creek now.

1. Second reading by title only of "An Ordinance Amending the Comprehensive Plan Map, Zoning Map, and the Detail Site Review Zone Map for the Property North of the Railroad Tracks between Oak Street and North Mountain Avenue."

Councilors Fine/Wheeldon m/s to adopt Ordinance #2843. Roll Call Vote: Reid, Hauck, Hanson, Wheeldon, Fine and Laws: YES. Motion passed.

2. Second reading by title only of "An Ordinance Authorizing an Intergovernmental Agreement Creating the Oregon Utility Resource Coordination Association Intergovernmental Agency."

Councilors Hauck/Reid m/s to approve Ordinance #2842. Roll Call Vote: Fine, Reid, Hanson, Hauck, Laws, and Wheeldon: YES. Motion passed.

3. First reading by title only of "An Ordinance Removing the Restriction on the Number of Taxicabs Which May Operate in the City and Increasing the Amount of Required Liability Insurance."

Councilors Wheeldon/Reid m/s to approve first reading and place on agenda for second reading. Discussion: Hauck explained that this ordinance is a change in a much longer section of the Ashland Municipal Code. Roll Call Vote: Wheeldon, Fine, Reid, Hauck, Laws, and Hanson: YES. Motion passed.

4. First reading by title only of "An Ordinance Amending the Sign Code to Permit Temporary Signs 45 days Prior to an Election."

Councilors Hauck/Hanson m/s to approve first reading and place on agenda for second reading.
Discussion: City Recorder Barbara Christensen explained the background for this item, noting the changes brought about by voting by mail. Explained that those campaigning want to be able to place signs sufficiently in advance to reach the voters. Clarified that the existing ordinance allows placement of signs 30 days prior to the election, and roughly two weeks prior to the mailing of ballots. The proposed change would allow signs to be visible for 30 days prior to the receipt of ballots.

Peter Jenson/1259 Siskiyou Blvd., #201/Suggested that if this change was proposed at the request of campaigners, rather than voters, there is no necessity.

Hauck noted that this would put the city in line with other communities in the county.

Reid stated that few people have expressed opposition to this change, and expressed her support to be consistent with other parts of the county. Hanson stated that he has heard no negative communications about this item.

Laws noted that lawn signs are irrational, and do not convey useful information. They do convey support of issues and candidates. Stated that he sees no reason for them to be up more than two weeks.

Roll Call Vote: Hauck, Wheeldon, Reid, and Hanson: YES. Fine and Laws: NO. Motion passed 4-2.

5. Reading by title only of "A Resolution Demonstrating a Good Faith Effort to avoid Year 2000 failures, in Compliance with Senate Bill 268."

Councilors Fine/Wheeldon m/s to approve Resolution #99-47. Roll Call Vote: Reid, Wheeldon, Laws, Fine, Hanson and Hauck: YES. Motion passed.

6. Reading by title only of "A Resolution Setting a Public Hearing to Hear a Petition for and any Objections to the Vacation of a Portion of "A" Street easterly of Oak Street."

Councilors Fine/Wheeldon m/s to approve Resolution #99-48. Roll Call Vote: Fine, Reid, Laws, Hauck, Hanson, and Wheeldon, YES. Motion passed.

Fine summarized the need to expand the Fire Station, and discussed the council's obligation to compensate the business owner as well as the land owner for the Blue Mountain. Stated that while there may be no legal obligation, there is a moral obligation to take appropriate and reasonable steps to assist the business owner and employees of the Blue Mountain. Further stated that there is a need to be up front about this, and make the community aware of council's intention. Also noted the need to keep the business owner fully informed of the construction time line.

Councilors Hauck/Wheeldon m/s to add this item to the agenda. Voice vote: All AYES. Motion passed.

Reid noted that she has been a patron of the Blue Mountain over the years, but stated that she is uncomfortable with this 'good guy' resolution aimed at a particular business. Feels that any resolution needs to be aimed at every business in Ashland, rather than just one very popular business.

City Attorney Nolte explained the city's obligation as to pay fair market value for the condemned property. Explained that this requires that the city pay the value of the leasehold interest to the tenant, depending on what is provided for in the specific lease. Explained that the ORS does not address moral obligations to long term employees or the loss of business, but might require the city to pay relocation costs for items owned by the tenant. Emphasized that the city is not taking the business, simply the location.

Reid suggested that she would rather use the ORS framework than Fine's resolution to be universally applicable to all businesses.

Rick Nagel/450 Siskiyou #3/Emphasized that while he is president of the Ashland Chamber of Commerce, he is here to night on his own behalf to discuss a matter which he personally feels strongly about. Commended Councilor Fine for his motion, and agreed that the city has a moral obligation to the tenant. Agreed as well with Reid that any resolution should apply to any business. Noted he was faced with a similar situation because of his proximity to the library earlier this year, and recognized the high cost that such displacement would incur. Discussed the struggle of the small business owner in Ashland, and the service that small businesses provide to the community. Suggested that the city has a moral and monetary obligation to the tenant.

Larry Medinger/115 Fork St/Noted that Blue Mountain is not a standard downtown business, as it has parking. As such, it would require relocation in a non-traditional site which might well be subject to the newly increased transportation SDC. Discussed the council role in crafting the city, and the changes in governmental structures that have lead to the reliance on SDCs. Ask that Council direct staff to draft a way to finance SDCs over a twenty year period.

David Frye/1260 Kirk Ln/Reiterated that he recognized the importance of the community safety and the need for improvements at the Fire Station. Supports what needs to be done to accomplish this. Stated that he is heartened by the proposed resolution, and looks forward to working with the city creatively on this matter.

Wheeldon commented on the amount of money given to the Chamber for economic development and questioned if there is a section of the Chamber that deals with re-location of businesses. Nagel explained that there is a ad-hoc committee that is designed to help new business coming into town and believes that this committee could also help in this matter. Wheeldon felt that it would be appropriate for the Chamber to help in assisting this property owner, given the fact that city monies are given to the Chamber to assist in business relocation. Nagel agreed to bring this matter up before the Executive Board of the Chamber.

Hanson suggested taking this opportunity to make the resolution more generic and make it part of the city's idea of fair play and moral obligation. In favor of the spirit of the resolution, but would prefer that it be more generic. Fine agreed with making the resolution more general, and happily withdrew the proposed resolution. Offered to assist in drafting a general resolution.

Freeman shared his experience in condemnations elsewhere, noting that these issues were dealt with in negotiations to arrive at a package that ultimately worked for city and business owner. Stated that typically, a policy is not necessary as these issues come up and are dealt with in negotiations. If a resolution is to be drafted, Freeman emphasized that there is a need to consider potential powers and delegation of authority. Expressed concern over authority given to the City Administrator in section three, as transaction details are ultimately the decision of the council.

Laws commented that the situation is different in that the issue will be placed on the ballot and that members of the community need to know that this business will be treated fairly. Explained that this situation is currently not subject to expropriation, and that there is still hope that it can be handled as a friendly matter between buyer and sellers. Noted that the purpose of SDCs is to pay for new growth, but in this case there is no new growth and SDCs are not in the spirit of the law.

Nolte noted that he will look to see if there is a clause that would give SDC credits and if this may be appropriate in this situation.

Laws not ready to vote on the resolution, but he is willing to see it re-written as discussed. Reiterated his commitment to helping the business owner.

Reid expressed her support for having the Chamber look into helping the business owner here. Wheeldon suggested that the Chamber is an avenue that the city has set up for economic development and helping with relocations. Voiced her concern in defining "moral obligation" and suggested that she would rather handle these types of situations on a case to case basis, under the ORS and federal law.

Fine noted that he would not be happy until the council has memorialized its commitment to help the business owner as a general obligation of the city.

Laws commented that council should not have unrealistic expectations of the Chamber of Commerce and that the purpose of the Economic Development originally had to do with out of town businesses coming into the city.

Freeman stated that he and the City Attorney would be happy to work with Councilor Fine in drafting a more generic resolution.

Meeting was adjourned at 9:58 p.m.

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