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HomeMy WebLinkAbout1991-0402 Council Mtg PACKET .' Important: Any citizen attending Council meetings may speak on any item on the agenda, unless it is . the subject of a public hearing which has been closed. If you.-wish to spea~. please rise . . '. and.afte~.y~ have beer1.recognizedby the Chair,..g~e.YQur name and ad~s.s.. The . Chair will then anow you to speak and also inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item' under discussion, the number of people who wish to be heard, and the I of the en AGBllDA POR '.rBB REGULAR MEBTING ASBLUID C:l:TY COUNCJ:L APR:l:L 2, 1991 I. PLEDGE OF ATX~GIANCE: 7:30 P.M., Civic Center Council Chambers II. ROLL CALL III. APPROVAL OF MINUTES: JRegular Meeting of March 21, 1991. IV. SPECIAL PRESENTATIONS & AWARDS: 1. Designation of April 8-12, 1991 as "Building Safety Week". 2. Presentation of Tree City USA award to the City of Ashland by National Arbor Day Foundation. V. CONSENT AGENDA: 1. Minutes of Boards, Commissions & Committees. VI. PUBLIC HEARINGS: (to conclude by 9:30 P.M.) 1. Adopting a methodology for assessing Systems DevelQpment Charges pursuant to o. R. S . 223. 297 to 223. 314 . \ \.: 2. Proposed vacation of a portion of Spring Creek Dr. in connection with the approval of the Greensprings Subdivision. VII. UNFINISHED BUSINESS: 1. Report from Park & Recreation Commission on proposed ordinance limiting access and parking on Calle Guanajuato. VIII. NEW & MISCELLANEOUS BUSINESS: 1. Recommendation from the Park and Recreation Commission regarding dedication of land for Open Space Program. 2. Report by Dir. of Public Works on Water Treatment Plant Master Plan. 3. Review of final design for Plaza Improvement 'as approved by DPAC and the Ashland Historic Commission. 4. Approval of renewal liquor licenses for 'all licensees for 1991-92. 5. Liquor license request for Primavera Restaurant, 241A Hargadine Street. IX. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 15 minutes) X. ORDINANCES. RESOLUTIONS ..Ie CONTRACTS: . .. .0. Second reading. by. ti:tl~:' only.: dt",'an. ordinanQe..~~inganew Chapter 14.09 to the Ashland Municipal Code prohibiting the sale and distribution of cleaning agents containing phosphorus within the City of Ashland's city Limits. . ..- 1~~ ~ ~4) J2. 3. ~/ ~ 4. J5. ~I/~ ~ ~/.-o~~ ~ 'f/~!JA 7 · . :.-. Second reading by title only of an ordinance amending Section 18.20, 18.24, and 18.28 of the Land-use Ordinance of the Ashland Municipal Code with respect to implementing recommended programs of the affordable housing plan, "Affordable Housing in Ashland". First reading by title only of an ordinance regarding systems development charges: repealing Chapter 4.20 of the existing Ashland Municipal Code; and adding Sections 4.20.010 through 4..20.110 to that Code. (Copies provided as required by City Charter) First reading by title only of an ordinance repealing Ordinance Nos. 2112 and 2130 and establishing expanded emergency water curtailment regulations. Resolution setting a public hearing on the formation of a local improvement district for the paving of Lori Lane from Hersey st., northerly. Resolution authorizing Amendatory Agreement No. 2 to the BPA Energy Smart Design Assistance Program. Resolution urging passage of HB 2779, the "Oregon Housing Fund Bill". IX. OTHER BUSINESS FROM. COUNCIL MEMBERS XII. ADJOURNMENT MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL MARCH 21, 1991 CALL TO ORDER - Mayor Catherine Golden called the meeting to order and led the Pledge of Allegiance at 7:35 PM on the above date in the Council Chambers. Laws, Reid, Williams and Arnold were present. Acklin and Winthrop were absent. APPROVAL OF MINUTES - The Minutes of the regular meeting of March 5,1991 were amended as follows: page 4, the Hospital and Library were resolutions and therefore were approved for adoption, not second reading; page 3, Almquist indicated 30 days might prolong the placement of third substation and the Mayor asked Eric not Brian if 30 days adequate; page 2, Houghten application, Roy Bashaw's suggestions (not suggested); page 1, Consent Agenda, regarding sewage spills, left out Mayor urged staff to resolve problem as quickly as possible. Approved as corrected. SPECIAL PRESENTATION & AWARDS - This is the third year in a row that the GFOA recognized exemplary efforts on the City budget and Jill Turner, Finance Director, accepted the award. Only 2.5 % of cities in local governments in the country have received this award. Turner thanked everyone for their support, including her staff, for making it possible. CONSENT AGENDA Laws asked if Council was considering the appointment to the Airport Commission as well, and the Mayor said it must have gotten lost in the shuffle. Williams moved to add Matthew Ben Lessor as appointee to the Airport Commission to #3 of the Consent Agenda. Mayor asked to pull #5, Water Conservation, Williams moved to approve #1, 2,3, 4, and 6 and Arnold seconded, all ayes. Regarding #5, the Mayor asked if this was the same article that Fregonese asked her to comment on previously and Fregonese said no, he wrote this article recently for an AWWA conference. Mayor had no further comments. Reid.was impressed with it. Williams moved to accept report on Water Conservation and Laws seconded, all ayes on voice vote. PUBLIC HEARINGS Reconsideration of CUP and Site Review on remand from LUBA to allow construction of medical offices at ACH. Fregonese commented that the application was remanded on the issue of transportation and a new copy of findings was included in the packet, the exhibits remained the same. There were only minor changes. LUBA's remand order rejected the issue of park land. LUBA remanded this back to the City after concluding that the findings were inadequate because they were not if) compliance with the Ashland Municipal Code 18.104.040(B). Fregonese said Council does not need to discuss site design and parking, only livability. He read the definition of two words, "minimum" and "livability". Minimal constitutes the least possible and livability refers to the survival expectancy for raising livestock, the second definition meaning suitable for human living. He always thought it implied quality. Minimum impact on livability then becomes a very nebulous term. The first facts that need to be entered are the location, size and operating characteristics. Hospital property is 283,000 square feet, the hospital covers about 14% of that property, the proposed buildings cover an additional 3.8%. In its total development stage, lot coverage will be 51 %, ordinance allows 65%, still leaving 50% open space. There are mixed land uses in area, representing flexibility of land use. All public services are available. Regular Meeting - Ashland City Council - March 21, 1991 - P. 1 ----rrr-r Fregonese passed around pictures of site. There will be about 364 additional trips per day. Maple Street is designated as a collector street and has a threshold of between 800 and 3,000 average vehicle trips per day. If all average daily trips went down Maple, it would only have 2,765 vtd, which is lower than capacity. Regarding the issue of safety, on North Main Street as it intersects with Maple, there are a total of 19,700 vehicles entering that intersection. Of these vehicles, 2600 or about 14% enter or turn off Maple Street. The new development will raise that figure to 15%. Based on these figures, no traffic signal is warranted at that intersection according to state highway standards. The project is scheduled to go to bid in February of next year. Based on findings, the Council can conclude that the proposal will be reasonably compatible and have minimal impact on the surrounding neighborhood taking into consideration all the relative factors. Reid felt the political implications have changed and wondered if that could be entered into the decision. Fregonese said she needs to define the parameters but not enter it into her decision. Reid further demanded minutes to the hospital board meetings and claimed they have been very hard to obtain. Bashaw said they are public record and copies should be available. Golden understands LUBA remanded on two issues, livibility and traffic compatibility and she wasn't sure if findings meet criteria. Reid is concerned with traffic using Scenic to go south and avoid intersection of Maple and NO.Main. She also noted the chain link fence is different in the neighborhood. The Public Hearing was opened. Ben Benjamin, 323 Maple St., had several safety concerns with the intersection of Maple and No. Main. He said ten years ago, the comp plan stated this intersection was "high in accident frequency", and without even knowing about this proposal, it projected this intersection having the second highest in traffic volume in Ashland of "entering vehicles per day". There is a bicycle path crossing Maple, pedestrians, cars trying to make a sharp turn, a bad slope coming down Maple. Maple lacks pedestrian amenities and there are lots of children. Only 1 / 1 0 is sidewalk. An increase in traffic will also increase the air pollution and affect the livability in the neighborhood. On- street parking and two story buildings with smaller footprints will less affect the neighborhood. He questioned how new is this material Council has received. Has it been available to the public 20 days or longer, is there a state law covering how long material needs to be available to the public before a public hearing, should this hearing be postponed because of these considerations. He said Maple and North Main is a lousy intersection. Hersey has been recently paved adding more traffic into that area. Williams interpreted that the information from the Traffic Study was only made available recently and maybe not long enough for the public. He questioned if it needed to be available for 20. days. Bashaw didn't think there was any such requirement. Roger Peterson, 357 Maple, one issue of livability is parking, and along Catalina & Chestnut is not being utilized partly because of the chain link fence around the property. Money was spent to provide parking and these streets are not being used properly and this issue should be addressed. When medical offices were first proposed, it was asked that there be an overall Mast~r Plan and there has not been one. Perhaps land has better uses than the proposed medical buildings. Joan at 563 Walnut, said she avoids the intersection of No. Main and Maple at all costs. She understood a letter was addressed to Council from Brent Thompson and she asked that it be read into the record. Golden read the letter. Mark Murphy, 492 Lynn St., read a portion of land use ordinance 18.108.100(6) stating "any- party who has participated in a public hearing, either orally or in writing, shall be entitled to a continuance of the hearing if evidence or documents in support of the application are submitted less than 20 days prior to the initial evidentiary hearing or 10 days prior to any subsequent hearing. Such a request for the continuance must be requested prior to the closing of the public hearing.1I Bashaw viewed this as a resumption of the hearing, and was not aware of this ordinance. Arnold asked if the pictures and traffic count were in the prior record and Fregonese said no, the traffic count was in the file since March 3, and was unsure Regular Meeting - Ashland City Council - March 21, 1991 - P. 2 of the date of the pictures. Murphy felt LUBA's remand had not addressed the traffic issue.. Bashaw said these are suggested findings, not ones Council will 'ultimately adopt. In light of the evidence appearing, there hasn't yet been a request for a continuance. Williams asked what if there is not a request to continue and Bashaw said there is no error. Bashaw said a continuance of the public hearing would not have to be re-advertised. John Arnos, 600 Chestnut, read letter from Joan Robbins which objected to the proposed medical buildings. Nancy Peterson, 367 Maple Street, has lived there for 16 years and felt the hospital provides an important service to the community. However, the human issue, livability, is one of open space. If that whole block is filled with buildings, it will still be livable according to the , definition. But in Ashland, there is a certain quality of life that we have valued and it is up to the policy makers to decide, before it's gone, if this is a place that needs to remain open in Ashland. She said it makes good sense not to push ahead immediately and asked for a continuation of the public hearing. Dayne Cofer, 860 C St., noted the traffic statistics were quoted from 1988. Since then the BP Station reopened in late 89, which is a serious traffic consideration. Reid asked if presentation of hospital board minutes will become new evidence. Bashaw said no, they have been public record since their inception. Laws moved to continue the hearing until the second meeting in April. Reid seconded. Steve Hall noted a report from Brown & Caldwell would be presented to Council on that day. It was suggested to limit comments from the audience to the new evidence. Arnold said no new evidence in support of the application will be accepted and all agreed. The motion carried unanimously on roll call vote. Recommendation from Historic Commission to approve the addition of the Varsity Theatre sign to the Historic Sign Inventory. Fregonese said Owner John Schweiger could not be present and John is going to restore the entire facade. Reid said as representative of the Historic Commission that the sign is part of the facade. Golden opened and closed the public hearing without comments. Arnold moved to approve the addition, Reid seconded, and the motion carried unanimously on roll call vote. UNFINISHED BUSINESS Consideration of written testimony only regarding proposed ordinance banning phosphates in detergents. Almquist noted that there were comments/suggestions from Bashaw who wanted to make it clear that this. was not prohibiting the use of phosphates but the sale offering the use of it. In Subsection C, the change made reflects prohibiting the m of cleaning agents containing phosphorous. Laws said he didn't see the ambiguity of the previous reading. Bashaw said the exception didn't fit the prohibition very well. Laws asked if there was any further information about the exemptions. Pam Barlow said one of the reasons Portland included these exemptions was the issue of substitute product availability. About a third of the country is under a phosphate ban and manufacturers generally produce two formulas of the same kind of product. This isn't necessarily true for some other sanitizing products. that could potentially have an impact on public health. Reid moved the revised ordinance to second reading, Laws seconded. Motion carried unanimously on roll call vote. NEW & MISCELLANEOUS BUSINESS Letter from Friends of Greensprings regarding application of herbicides. Almquist read the letter. In a discussion with the State Forester, Golden was given clear indication that they would stay away from open waterways and irrigation ditches in Ashland. She also spoke with a representative of Boise Cascade and they had changed their minds and said they would not spray anywhere near open waterways. Golden called Friends of the Greensprings to pull this item off the agenda but was encouraged to leave it on with the intention of educating the Regular Meeting - Ashland City Council - March 21, 1991 - P. 3 Council. Wendy Fullerton said Boise declined to meet with her; .A transcript of her ta1k is in Council records. Ken Conner, Chief Forrestor, Boise Cascade, works exclusively with the Oregon Dept. of Forrestry. Boise has an unwritten policy that people lose their job if they spray in or around any open water. They do everything to identify springs and TID would require class 1 screening. He said Hollie Cannon, Manager of TID, says less than 2% of their water becomes domestic water. He described the effects of Atrazine. Reid asked if there is a registration process (labeling) through EPA for forestry use. Connor said the labeling process comes through the EPA for which chemical companies provide information on the product they manufacturer. He passed around information on some chemical definitions. The Mayor thanked Conner and Fullerton for their information. Reid asked if they sprayed on snow covered areas and she responded no. Water Curtailment Ordinance - Steve Hall said the current ordinance only allows Odd/even watering during curtailment as approved by City Administrator. Hall suggests, with Bashaw's comments, that the time element be changed to anytime of year rather than only June through Sept. The second stage would ban any outside use. Third stage would limit total consumption per day based on percentage of average winter use and fourth stage would do the same based on a fixed amount of usage per type of use. Laws commented that it was a good ordinance but felt it necessary to retain Section 2 of the original ordinance because it is the Council's responsibility to ratify restrictions, and not the responsibility of the City Administrator. The revised ordinance retaining Section 2 will be brought back to Council on the next agenda. Report by Director of Public Works on taste and odor problems. Hall referenced his memo dated March 19th .and a report from Brown and Caldwell dated March 15th. The problem that occurred back in September had conditions Ashland has never seen before.. He suggested to Almquist that we seek an outside opinion, and Hall introduced Dennis Eckhardt of Brown and Caldwell who summarized the report. He said the problem is mostly climatic. There are new drinking water standards that staff has to meet, which is difficult because there is less margin for error. He said algae is unpredictable. Reid referenced Phase 3 and asked about a new plant. The existing plant is 40+ years old and in a bad location. There has been some investment over a period of years to keep it going. Council dedicated a piece of land to Parks up on Granite Street. Reid asked if we are developing a park where we should be developing a drinking water plant. There is a limited amount of space in the canyon. Laws said it seems the City needs a Master Plan for water treatment. Eckhardt said parts of the plant have never been used. Hall said there are funds in next year's budget to handle some of the immediate needs. Laws moved that staff bring back recommendations on a long range proposal for an appropriate approach to future water treatment. Reid seconded, all ayes on voice vote. PUBLIC FORUM Dennis DeBey, Recycling Committee, asked Council to urge the Parks Commission to waive fees for the use of the Band Shell for Earth Day activities. Williams noted that the Parks Commission will meet on March 25th and DeBey should try to get on agenda. Laws moved to support the Recycling Committee's involvement in Earth Day activities in the Band Shell and Susan seconded, all ayes on voice vote. Regular Meeting - Ashland City Council - March 21, 1991 - P. 4 ORDINANCES.. RESOLUTIONS AND CONTRACTS . . . .... Police Special Service Fees - Second reading by title only of an ordinance amending the Ashland Municipal Code relating to police special service fees and license investigation fees. Arnold moved to adopt and Laws seconded, motion carried unanimously on roll call vote. Affordable Housing - First reading of an ordinance amending the Land-use ordinance implementing recommended programs for Affordable Housing in Ashland. Almquist read the ordinance. Arnold moved to second reading and Reid seconded, the motion carried unanimously on roll call vote. Police Special Service Fees - Resolution setting forth police special service fees pursuant to the Ashland Municipal Code. Almquist read resolution. Arnold moved to adopt and Williams seconded, motion carried unanimously on roll call vote (Reso. 91-07). Firefighters' Contract Settlement - Ratification of contract settlement with Ashland Firefighters Association for period of July 1, 1990 through June 30, 1993. Arnold moved to authorize Mayor & Recorder to sign the contract, Williams seconded and the motion carried unanimously on roll call vote. OTHER BUSINESS FROM COUNCIL MEMBERS Almquist noted a Uquor Ucense request from Paddington Station was inadvertently left off the agenda. Arnold moved to place it on the agenda and Williams seconded, all ayes on voice vote. Arnold moved to approve the request and Williams seconded, all ayes of voice vote. Regarding appointments to Commissions & Committees, Williams said Jim Hibbert still very interested in the Planning Commission. ADJOURNMENT - The meeting adjourned at 10:15.. Catherine M. Golden, Mayor Nan E. Franklin, City Recorder Regular Meeting - Ashland City Council - March 21, 1991 - P. 5 frnclamution ,~ !l~~~ \ "'~~_"'" "I I 'j:!Jli~ I. .h).. I.~~;~~~:~ I.~"~.~ '1' If{(if:;. II "hm'-'::::~--- ;' 'i;~~~~~; :.'4j;)~~ I ::,:~.;~:;:;:.;~ ; i!~\~~tf?il~~~Ii!\~~~~\4.'~~~~J~f,~:;;~~~;;:~;;~,c~~f,~~;;;;$!t~~!~. ..~~II/I'~"",,;.~,,:::, ',T: .':-'...N......~~\\\'"'I/J~~~.~;..,,""" \,: '::::,....:..:.~"\\\'"'II/n~.~:.:...."".. .,. "',"U..;.:::..V'I\WIUl\;..,:~:,.~..",.." .;, ........,;;, .:':~";'\\\\\J'I/JII\: ': ;:. ,~, ;;;;::,....,!...~~\\\.:;IIII)~~...!,.,,",.;:;~ ~.........., '''' KJ" '- '"::;, ;;. ;t . !;~.~:~i~ l~{r~~ WHEREAS, from the inception of this Nation, it has been the responsibility of states and their local governments to adopt legislation and enforce laws and ordinances whenever necessary to protect their citizens' health, welfare and safety. WHEREAS, fundamental part of the democratic to involve all interested it has been a principles of this Nation and affected parties from both the public and private sectors in the formulation, adoption and, to the fullest extent possible, in the administration of such laws and ordinances; and WHEREAS, among the most basic of the laws and ordinances which have been so derived are those acts which assure the .public's health and safety in the buildings in which people live, work and play; and WHEREAS, to assure such safety, the State of Oregon, working together and in conjunction with its counties and cities, enforces a uniform statewide building code which has been designed and is maintained with the assistance of the building industry and the consumers; and WHEREAS, it is through the untiring efforts of state and local building officials and their cooperative relationship with the construction industry that the administration of these health and life-safety regulations is assured. NOW, THEREFORE, I, Catherine Golden, hereby designate the week of April 8 Mayor of Ashland, 12, 1991, as: do "BUILDJ:NG SAFETY WEEK" and urge all citizens to use this week to visit their local building department and to better familiarize themselves with the important safety information and services provided by these public servants. Dated this 2nd day of April, 1991. Golden, Mayor Catherine M. MAR 1 2 1991 OAThe..National .: .~".... '. ~ Arbor Day Foundation John Rb~enow . Executive Director 211 No. 12th SL . Lincoln, NE 68508 (402) 474-5655 HONORARY TRUSTEES STEWART UDALL Chairman Former Secretary of Interior E DALE ROBERTSON Resource Chairman USDA Forest Service Chief EDDIE ALBERT Entertainer WILLIAM H. BANZHAF Executive Vice President Society oj American Foresters ALAN BEALS Executive Director National League of Cities DOUGLAS BEREUTER US Congressman ROGER A. CARAS Special Correspondent ABC TV News DICK CAVETT Entertainer ). THOMAS COCHRAN Executive Director US Conference of Mayors MRS. EUGENE A. DAVIDSON Great-granddaughter oj I. Sterling Morton I. JAMES EXON U.S. Senator LADY BIRD JOHNSON Stonewall, Texas BILL KRUIDE:--.iIER Executive Director IntI. Society oj Arboriculture lACK LORENZ Executive Director Izaak Walton League I. MICHAEL McCLOSKEY Chairman Sierra Club MAXINE (Mrs. Frank) MORRISON Coordinator, National Awards Ceremonies JAMES COLSON I. Sterling Morton Biographer I{. NEIL SA,"'WSON Executive Vice President Ameril,1l1 Forestry Association ERNEST C. SHEA Executive Vice President '<at. Assn. oj Conservation Districts R.E. "TED" TURNER Chairman Turner Broadcasting System LAURENCE D. WISEMAN President American Forest Council BOARD OF TRUSTEES DR. lAMES O'HANLON President 11M LEUSCHEN Vice President, President-Elect GARY HERGENRADER Secretary MRS. LEE A. CRAYTON IR. (Carolyn) Treasurer DALE BREE SENATOR CALVIN CARSTEN CHARLES CHACE DR. ROBERT LIVINGSTON ROBERT LUTE. II SUSAN SEACREST ADVISORY COMMITTEE GENE \V GREY JOHN ROSENOW Executive Director I. GREG SMITH February 25, 1991 The Honorable Cathy Golden Mayor of the City of Ashland 20 E. Main Ashland, OR 97520 Dear Mayor Golden: Congratulations to Ashland on being named as a 1990 Tree City USA! We know trees for the beauty they lend to our homes, neighborhoods, parks and business areas, and their contribution to increased property values. At the same time, trees help clean the air and conserve soil and water. But if we're to have trees in abundance in our towns and cities, they must be planted and given proper care. The Tree City USA award indicates that you take your municipal tree-care responsibilities seriously. An effective tree-care program is an ongoing process of growth and renewal--a program of planting and care that continues through the years. As a Tree City USA, you have a solid foundation for that process of improvement. State foresters are responsible for the presentation of the Tree City USA flag and other materials. We will forward your awards to Lou Torres in your state forester's office. They will be coordinating the presentation with you. It would be especially appropriate to make the Tree City USA award a part of. your Arbor Day ceremony. Again, congratulations on receiving this national recognition for your tree-care program. /:/~egardS ~Rosenow Executive Director JR/my cc: Lou Torres Donn Todt Americans dedicated to tree planting and conservation, ASHLAND COMMUNITY HOSPITAL BOARD OF DIRECTORS February 26, 1991 The regular monthly meeting of the Board of Directors of Ashland Community Hospital was held on Tuesday, February 26, 1991, in the conference room. PRESENT: Steve Lunt, Doyle Greene, Walt Hoffbuhr, Linda Jackson, Frank Bi1lovits, Angus Brownfield, Judy Uherbe1au, Bruce Johnson, M.D.; and Jerry Cooper, Board Members. Also Present: James R. Watson, Administrator; Mike McGraw, Controller; Polly Arnold, Director of Patient Services; Peggy Cockrell, Director of Personnel; Pat Flannery, Director of Development; and Louise Watson, reporter for The Daily Tidings. Guests: Cathy Golden, Mayor; Brent Thompson and Reider Peterson, Neighbors. Absent: Pat Acklin, City Council Representative; and Jerome Nitzberg, M.D.; Medical Staff Representative. I. CALL TO ORDER Mr. Lunt called the meeting to order at 12:15 and introduced everyone. He welcomed the guests to the meeting. II. MINUTES Mr. Lunt called for a review of the minutes of the Ad hoc Committee meeting of February 7, 1991; the Executive Committee meeting of January 14, 1991; and the Board of Directors meeting of January 22, 1991. Following review, MS. Jackson made the motion to approve the minutes as circulated. Mr. Hoffbuhr seconded the motion and the motion carried. III. COMMITTEE REPORTS A. Ad Hoc Committee: Mr. Lunt expressed appreciation to Mr. Brownfield and Mr. Watson regarding the work they did in gathering additional information to help the Committee make a selection of a firm to develop the Master Site Plan. .Mr. Lunt reported that the Committee has selected BOOR/A to develop the Master Site Plan. Their representatives will be invited to attend the Board Retreat. IV. CORRESPONDENCE TO THE BOARD Mr. Watson shared the following correspondence: A thank-you letter from Crisis Intervention Services for our donations of baby formula-,_ A brochure from the Community Health Center recognizing 9ur hospital~s financial support. Notification from Medicare stating that all diagnostic services performed by the hospital within 3 days will be included in the patient's hospital stay. Board of Directors February 26, 1991 Page 2 Legislative Alert concerning Senate Bill 320 regarding requiring insurance companies make direct payments to hospitals. V. DECISION ITEMS A. Sabbatical - Dr. Cooper: Mr. Lunt reported that Dr. Cooper will be going on sabbatical from March 21st to June 3rd. Any leave of absence has to be approved by the Board. Mr. Hoffbuhr made the motion to approve Dr. Cooper's sabbatical. Mr. Greene seconded the motion and the motion carried. B. January Expenditures: Mr. Hoffbuhr reported that he had reviewed the expenses and found everything in order. Ms. Jackson made the motion to approve the expenditures. Mr. Cooper seconded the motion and the motion carried. VI. DISCUSSION ITEMS A. Board Retreat: Following discussion, it was the consensus that the Board Retreat should be rescheduled after the BRIM Trustee Seminar the first week of March. Saturday, April 6th was selected as the date for the Board Retreat. B. Budget Hearing: Mr. Lunt stated that Mr. Watson and Mr. McGraw will be presenting the budget to the city on March 28th at 7:30 pm. He asked that Board Members attend this meeting as a show of support. C. QA & UR Plans: Mr. Watson stated that the Quality Assurance and Utiliz.ation Review Plans wOl~.~.sentin next month's packet. These need to be reviewed and approved next month. D. Pharmacy Policies & Procedures: Mr. Watson stated that the Policies and Procedures for the Pharmacy Department will be presented for review and approval next month. E. Medical Staff By-Laws: Mr. Watson stated that the Medical Staff By-Laws have been revised and approved by the Medical Staff. They will come to the Board for approval next month. F. Physician Office Update: Mr. Watson stated that the Planning Office will present its traffic report to the City Council on March 19th. G. Strategic Planning: Mr. Watson stated that representatives from BOOR/A will be in the hospital soon to talk with department managers, medical staff, and any Board Member who wishes to do so. Mr. Lunt reported that Nancy Peterson is a member of the Ad Hoc Committee and represents the neighbors. Mr. Watson stated that Dr. Kent Farney, OB/GYN, has decided not to move to Ashland and we will begin recruitment again. We have had our first swing bed patient, the State has been notified, and they will come down to do a survey. H. Picture Gallery: Following discussion, it was the consensus that we have a picture gallery which will include pictures of the following: Board Members; Foundation President; Auxiliary President; Chief of Medical Staff; and Administrator. Ms. Cockrell will coordinate this effort. Board of Directors February 26, 1991 Page 3 I. Auxiliary Rummage Sale: Mr. Watson stated that the Auxiliary Rummage Sale has been scheduled for Saturday, April 20th. J. Auxiliary Quarterly Report: Lauri Osborne, Auxiliary President, will be invited to next month's meeting to give the Auxiliary Quarterly Report. K. Board Policy - Reappointment: Mr. Watson stated that it was felt that we need a policy that Board Members notify the Chairman if they do not wish to seek reappointment. Following discussion, Mr. Brownfield made the motion that we develop a policy as above. Mr. Greene seconded the motion and the motion carried. L. Joint Advisory Meeting: The quarterly meeting of the Joint Advisory Committee has been scheduled for Friday, March 22, 1991, at 07'30. M. Ms. Uherbelau asked if we have a policy to meet the new federal law regarding informing patients about treatment choices on admission. Mr. Watson stated that we have all the information and are in the process of developing the system. VII. MEDICAL STAFF REPORT There was no report this month. VIII. QUALITY ASSURANCE Mr. Watson stated that the Quality Assurance Committee met on February 5, 1991, and that all issues are being handled appropriately. He stated that the Joint Advisory Committee will meet on March 22nd. IX. ADMINISTRATOR'S REPORT A. Nursing: Ms. Arnold reported that our policies & procedures for the Swing Bed Program have been approved by the State, we have had our first patient, and they now have 3 weeks to come complete the survey. The swing beds will be used initially for orthopedic patients. On the nursing re-entry program, we do not have enough people to conduct the program now. We need a minimum of 4 people. Ms. Arnold reported that we have been able to limit call-offs to one per pay period for all nurses. B. Financial: Mr. McGraw reported that we have had several very good months financially. He stated that we have had an increase in surgeries and admissions to the hospital. Mr. McGraw reviewed the financial statements and answered questions. C. Personnel: Ms. Cockrell reported that our Employee Recognition Dinner will be held on September 5th at Ashland Hills Inn. It will be a Western theme and casual dress. Ms. Cockrell stated that Mara Morgan will be facilitating medical programs with live calls and Dr. Epstein will be the first physician to do this. We will be co-sponsoring a Woman's Health Seminar with Commit to Quit in May. Board of Directors February 26, 1991 Page 4 D. Foundation: Mr. Flannery reported that the Foundation's goal for this year is $140,000. We are working on Patrons' for 1991, renewing those who gave last year and adding new ones. The Foundation will be having a dinner/dance at Ashland Hills Inn on November 16th. X. GUESTS Mr. Thompson stated that he felt that the development of a Master Site Plan and the Strategic Planning Committee's long range planning are very good ideas. This will give everyone some idea of what is needed here. It will also be helpful having the neighbors involved. Mr. Peterson stated that he felt the Master Site Plan is a good idea and complemented the Board for doing this. Mr. Thompson stated that he hoped that the land will be utilized efficiently. XI. EXECUTIVE SESSION Mr. Bi1lovits made the motion to into Executive Session pursuant to ORS 192.660, Section 1, "e" and "h". Mr. Greene seconded the motion and the motion carried. Mr. .Hoffbuhr made the motion to move out of Executive Session. Mr. Greene seconded the motion and the ~otion carried. XII. ADJOURN There being no further business, the meeting was adjourned a 1:30 pm. Respectfully submitted: Jerry Cooper Secretary APPROVED: Stephen B. Lunt, Chairman , ASHLAND COMMUNITY HOSPITAL BOARD OF DIRECTORS January 22, 1991 The regular monthly meeting of the Board of Directors of Ashland Community Hospital was held on Tuesday, January 22, 1991, in the conference room. PRESENT: Steve Lunt, Judy Uherbelau, Bruce Johnson, M.D.; Frank Billovits; Jerry Cooper; Angus Brownfield; and Linda Jackson, Board Members. Pat Acklin, City Council Representative; and Jerome Nitzberg, M.D.; Medical Staff Represent- ative. Also Present: James R. Watson, Administrator; Polly Arnold, Director of Patient Services; Mike McGraw, Controller; Peggy Cockrell, Director of~Personnel; Pat Flannery, Director of Development; Chuck Butler, Foundation President; John Fregonese, Director of Community Development; Louise Watson, reporter, The Daily Tidings; and Glenda Cole, Administrative Assistant. Absent: Walt Hoffbuhr and B. Doyle Greene I. CALL TO ORDER Mr. Lunt called the meeting to order at 12:30 and introduced everyone. II. MINUTES Mr. Lunt called for a review of the minutes of the Finance Committee of October 18, 1990; the Strategic Planning Committee of November 2, 1990; the Executive Committee of December 10, 1990; and the Board of Directors of December 18, 1990. Following review, Mr. Brownfield made the motion to approve the mintues as circulated. Ms. Jackson seconded the motion and the motion carried. III. COMMITTEE REPORTS A. Ad hoc Committee: Mr. Lunt reported that the committee met last on January 11th and that Mr. Fregnoese and Mr. Ernst gave the traffic analysis. He stated that Mr. Fregonese will give that report later in the meeting today. Ms. Nancy Peterson has consented to represent the neighborhood on this committee. B. Finance 'Committee: Mr. Bi1lovits stated that the committee reviewed the 1991-92 budget and recommended approval. The budget will be presented to the City on March 28th and he encouraged Board Members to attend this meeting. C. Strategic Planning Committee: Mr. Lunt stated that we are in the process of selecting a firm to develop a master site plan. D. Marketing Committee: Mr. Cooper reviewed some of the marketing ideas that are being done or considered by the Committee. Some of these ideas are: live physician programs, reader board, advertising during breaks of the City Council meetings, and printed advertisments. It was felt that the best night for us on public TV is Wednesday from 7 to 8 p.m. MS.Uhe~~ stated that Rogue Valley Medical Center sends out bulletins on their new physicians. Mr. Butler stated that he felt that we should have a picture gallery in the lobby with pictures of administrator, board members and physicians. Everyone felt that this was a good idea. ~ Board of Directors January 22, 1991 Page 2 IV. CORRESPONDENCE TO THE BOARD Mr. Watson shared the following correspondence a thank-you letter from Wanda Wood, employee of 25 years a certificate of appreciation from AARP for use of conference room notification that Pat Acklin will remain as the liaison to the Board thank-you letters to people donating to the Foundation proposal from the Governor to tax hospitals to pay for hea1thcare for the poor. V. DECISION ITEMS A. Traffic Analysis: Mr. Lunt reviewed the remand from LUBA and then asked Mr. Fregonese to present his traffic analysis. Mr. 7regonese stated that after analyzing the traffic counts, it was felt that the construction of professional offices will have minimal impact on the neighborhood. He stated that the maximum increase of cars per day is felt to be 360 and this is still well below the city standard for Maple. The intersection of Maple and Main will have a turn lane in 1992 and this will decrease problems of turning on to Maple. Mr. Fregonese answered all questions raised. Following discussion, Mr. Brownfield made the motion that the Board approve the continuing process of constructing professional 'offices. Mr. Billovits seconded the motion and the motion carried. This item will be put on the agenda of the City Council. B. 1991-1992 Budget: Mr. Billovits reported that the Budget Committee had reviewed.the budget thoroughly and recommended approval. The .budget was included in the Board mail-out. Following discussion, Mr. Bil10vits made the motion to approve the budget as presented. Dr. Johnson seconded the motion and the motion carried. C. December Expenditures: Mr. Lunt stated that he had reviewed the expenses for the month of December, found everything in order, and recommended approval. Ms. Jackson made the motion to approve the December expenditures. Mr. Brownfield seconded the motion and the motion carried. VI. DISCUSSION ITEMS A. Board Selection Criteria: Mr. Watson stated that the criteria included in the mail-out was approved some time ago. He stated that we will have 3 Board members whose terms will end on April 30th and questioned as to whether or not this criteria should be forwarded to the Mayor. The criteria was reviewed at length and the following items were added: Communication Skills, Willingness and Ability to Commit Time and Effort, and Other. Following discussion, Dr. Johnson made the motion that we forward the revised criteria to the Mayor with a cover letter to be approved by Mr. Lunt prior to mailing. Ms. Jackson seconded the motion and the motion carried. B. Community Health Group: Mr. Watson stated that a group of community leaders have been meeting to try to come up with a program to get hea1thcare to the poor and uninsured. When a proposal is developed, we will bring it to the Board to consider. Board of Directors January 22, 1991 Page 3 C. Board Retreat: Following discussion, Friday, March 1st was chosen as the date for the next Board Retreat. The Board Members were asked how' they would like to have this retreat structured and whether or not they would like to have a speaker or have hospital staff give inservices. It was suggested that the architectural firm chosen to develop ~he master site plan be invited to the retreat. D. Board Starting Time: Mr. Lunt stated that we are having a problem with keeping a quorum of members until the end of the meeting and this has been a problem. Following discussion, Dr. Johnson made the motion to start the meetings at 12:15. MS. Jackson seconded the motion and the motion carried. E. Board Attendance: There was a brief discussion regarding' attendance at board meetings. A Board Member is going on sabbatical and will miss 3 meetings. The By-Laws state that attendance of less than 66 2/3% have to be approved by the majoritY~Df the Board. After discussion, it was felt that the By-Laws are sufficient to cover sabbaticals. VII. QUALITY ASSURANCE Mr. Watson reported that the Quality Assurance Committee met on January 8, 1991, and that all issues are being handled. VIII. ADMINISTRATOR'S REPORT A. Nursing: MS. Arnold reported that she had attended a Joint Commission seminar recently and will be giving inservices in the near future. B. Financial: Mr. McGraw stated that we had a good month due to the increased utilization. He stated that we will need to make a line item transfer later in the year. C. Personnel: 'Ms. Cockrell stated that we are recruiting registered nurses and a phlebotomist. We are working on brochures and developing physician TV shows. D. Foundation: Mr. Flannery introduced Mr. Butler and stated thathe is the,new president of the Foundation. He stated that they are in the process of Patron renewals. More next month. IX. ADJOURNMENT Due to lack of quorum, the meeting was adjourned at 2:05 p.m. Respectfully submitted: APPROVED: Jerry Cooper Secretary Stephen B. Lunt Chairman ORDINANCE NO. AN ORDINANCE REGARDING SYSTEMS DEVELOPMENT CHARGES; REPEALING CHAPTER 4.20 OF THE EXISTING ASHLAND MUNICIPAL CODE; AND ADDING SECTIONS 4.20.010 THROUGH 4.20.110 TO THAT CODE. WHEREAS, the 1989 Session of the Oregon Legislature has enacted a new state Law relating to system development charges; and WHEREAS, the City'S system development charges used after July 1, 1991 must meet certain requirements incorporated in the state law; and WHEREAS, the City of Ashland has undertaken a complete review of its system development charges in order to insure their compliance with state law; and WHEREAS, it is important to the City that costs of growth are equitably and rationally shared by new growth and development activities. NOW THEREFORE THE CITY OF ASH.LAND DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 4.20 of the Ashland Municipal Code is hereby repealed and replaced with the following Sections 4.20.010 through 4.20.110. 4.20.010 Definitions. The following words and phrases, as used in Chapter 4.20 of the Ashland Municipal Code, have the following definitions and meanings: A. Capital Improvementls). Public facilities or assets used for any of the following: 1. Water supply, treatment and distribution; 2. Sanitary sewers, inclUding collection, transmission and treatment; 3. Storm sewers, including drainage and flood control; 4. Transportation, including but not limited to streets, sidewalks, bike lanes and paths, street lights, traffic signs and signals, street trees, public transportation, vehicle parking, and bridges; or 5. Parks and recreation, including but not limited to mini- neighborhood parks, neighborhood parks, community parks, public open space and trail systems, buildings, courts, fields and other like facilities. B. Development. As used in Sections 4.20.020 through 4.20.090 means conducting a building or mining operation, or making a physical change in the use or appearance of a structure or land, which increases the usage of any capital improvements or which creates the need for additional capital improvements. c. Public Improvement Charqe. A fee for costs associated with capital improvements to be constructed after the effective date of this ordinance. This term shall have the same meaning as the term "improvement fee" as used in ORS 223.297 through 223.314. D. Qualified Public Improvements. A capital improvement that is: 1. Required as a condition of development approval; 2. Identified in the plan. adopted pursuant to Subsection 4.20.060A; and 3. Not located on or contiguous to a parcel of land that is the subject of the development approval. E. Reimbursement Fee. A fee for costs associated with capital improvements constructed or under construction on the date the fee is adopted pursuant to section 4.20.040. F. Systems Development Charqe. A reimbursement fee, a public improvement charge or a combination thereof assessed or collected at any of the times specified in section 4.20.070. It shall not include connection or hook-up fees for sanitary sewers, storm drains or water lines. Such fees are designed by the City only to reimburse the City for actual or average costs for such connections. Nor shall the SDC include costs for capital improvements which by city policy and state statute are paid for by assessments or fees in lieu of assessments for projects of special benefit to a property. 4.20.020 Purpose. The purpose of the systems development charge (SDC) is to impose an equitable share of the public costs of capital improvements upon those developments that create the need for or increase the demands on capital improvements. 4.20.030 Scope. The systems development charge imposed by Chapter 4.20 is separate from and in addition to any applicable tax, assessment, charge, fee in lieu of assessment, or fee otherwise provided by law or imposed as a condition of development. A systems development charge is to be considered in the nature of a charge for service rendered or facilities made available, or a charge for future services to be rendered on facilities to be made available in the future. 4.20.040 Systems Development Charge Established. A. Unless otherwise exempted by the provisions of this Chapter or other local or state law, a systems development charge is hereby imposed upon all new development within the City, and all new development outside the boundary of the city that connects to or otherwise uses the sanitary sewer system, storm drainage system or water system of the city. B. Systems development charges for each type of capital improvement may be crated through application of the methodologies described in section 4.20.050 of this code. The amounts of each system development charge shall be adopted initially by Council resolution. Changes in the amounts shall also be adopted by resolution, except changes resulting solely from inflationary cost impacts. Inflationary cost impacts shall be measured and calculated each January by the City Administrator and charged accordingly. Such calculations will be based upon changes in the Engineering News Record Construction Index (ENR Index) for Seattle, Washington. 4.20.050 Methodoloav. A. The methodology used to establish a reimbursement fee shall consider the cost of then-existing facilities, prior contributions by then-existing users, the value of unused capacity, rate-making principles employed to finance publicly-owned capital improvements, and other relevant factors identified by the City Administrator. The methodology shall promote the objective that future systems users shall contribute an equitable share of the cost of then-existing facilities. B. The methodology used to establish the public improvement charge shall consider the cost of projected capital improvements needed to increase the capacity of the systems to which the fee is related and shall provide for a credit against the public improvement charge for the construction of any qualified public improvement. C. The methodology may also provide for a credit as authorized in Subsection 4.20.050B. D. Except when authorized in the methodology adopted under Subsection 4.20.050A, the fees required by this Code which are assessed or collected as part of a local improvement district or a charge in lieu of a local improvement district assessment, or the cost of complying with requirements or conditions imposed by a land use decision re separate from and in addition to the systems development charge and shall not be used as a 9redit against such c~arge. E. The methodologies used by the City Administrator to establish the systems development charge shall be adopted by resolution of the Council. The specific systems development charge may be adopted and amended concurrent with the establishment or revision of the systems development charge methodology. The City Administrator shall review the methodologies established under this section periodically and shall recommend amendments, if and as needed, to the Council for its action. F. The formulas and calculations used to compute specific SDC's are based upon averages and typical conditions. Whenever the impact of · individual developments present special or unique situations such that the calculated fee is grossly disproportionate to the actual impact of the development, alternative fee calculations may be approved or required by the city Administrator under prescribed administrative procedures. All data submitted to support alternate calculations under this provision shall be site specific. Major or unique developments may require special analyses to determine alternatives to the standard methodology. 4.20.060 Compliance with State Law. A. The revenues received from the systems development charges shall be budgeted and expended as provided by state law. Such revenues and expenditures shall be accounted for as required by state law. Their reporting shall be included in the City's Comprehensive Annual Financial Report required by ORS Chapter 294. B. The capital improvement plan required by state law as the basis for expending the public improvement charge component of systems development charge revenues shall be the Ashland Capital Improvements Plan (CIP), or the capital improvement plan adopted by another' governmental body which was used by the City Administrator in establishing the methodology for the systems development charge, provided such other capital improvement plan is consistent with the City's CIP and the City's Comprehensive Plan. 4.20.070 Collection of Charae. A. The systems development charge is payable upon issuance of: 1. A building permit; 2. A development permit for development not requiring the issuance of a building permit; or 3. A permit to connect to the water, sanitary sewer or storm drainage systems. B. If development is commenced or connection is made to the water system, sanitary sewer system or storm sewer system without an appropriate permit, the systems development charge is immediately payable upon the earliest date that a permit was required. C. The City Administrator or the Administrator's designee shall collect the systems development charges from the person responsible for or receiving the benefit of the development. The City . Administrator or his/her designee shalt not issue any permit or allow connections described in Subsection 4.20.070A until the charge has been paid in full or until provision for installment payments has been made within the limits prescribed by resolution of the City Council. D. The obligation to pay the unpaid systems development charge and interest thereon shall be secured by property, bond, deposits, letter of credit or other security acceptable to the City Administrator. E. The person paying the systems development charge in installments may apply for deferral of the payments as provided by resolution of the City Council. 4.20.080 Exemptions. The following are exempt from the systems development charge imposed in section 4.20.040. A. Except for the systems development charge attributable to the sanitary sewer system, water system and the storm sewer system, development which existed on the effective date of this section or for which a building permit was issued before that date. B. An alteration, addition, replacement or change in use that does not increase the use of capital improvements. C. Housing for low.income or elderly persons which is exempt from real property taxes under state law. 4.20.090 Credits. A. As used in this section and in the definition of "Qualified Public Improvements" in Section 4.20.010, the word "contiguous" means in a public way which abuts. B. When development occurs that must pay a system development charge under section 4.20.040 of this Chapter, the system development charge for the existing use shall be calculated and if it is less than the system development charge for the proposed use, the difference between the system development charge for the existing use and the system development charge for the proposed use shall be the system development charge required under section 4.20.040. If the change is use results in the systems development charge for the proposed use being less than the system development charge for the existing use, no system development charge shall be required; however, no refund or credit shall be given. C. The limitations on the use of credits contained in this Subsection shall not apply when credits are given under section 4.20.090. A credit shall be given for the cost of a qualified public improvement associated with a development. If a qualified public improvement is located partially on and partially off the parcel of land that is the subject of the approval, the credit shall be given only for the cost of the portion of the improvement not located on or wholly. contiguous to the parcel of land. The credit provided for by this Subsection shall be only for the public improvement charge charged for the type of improvement being constructed and shall not exceed the public improvement charge even if the cost of the capital improvement exceeds the applicable public improvement charge. D. When establishing the methodology, the city Administrator may provide for a credit against the public improvement charge, the reimbursement fee, or both, for a capital improvement constructed as part of the development that reduces the development's demand upon existing capital improvements or the need for future capital improvements or that would otherwise have to be constructed at City expense under then-existing council policies. E. In situations where the amount of credit exceeds the amount of the system development charge, the excess credit is not transferable to another development. It may be transferred to another phase of the original development. F. Credit shall not be tranSferable from one type of capital improvement to another. 4.20.100 Appeal Procedures. A. As used in this section "working day" means a day when the general offices of the City are open to transact business with the public. B. A person aggrieved by a decision required or permitted to be made by the City Administrator or his/her designee under Section 4.20.010 through 4.20.090 or a person challenging the propriety of an expenditure of systems development charge revenues may appeal the decision or expenditure by filing a written request with the City . ..." '.0 . Recorder for consideration by the City Council. Such appeal shall describe with particularity the decision or the expenditure from which the person appeals and shall comply with Subsection D. of this section. . C. An appeal of an expenditure must be filed within two years of the date of alleged improper expenditure. Appeals of any other decision must be filed within 10 working days of the date of the decision. D. The 1. 2. 3. 4. appeal shall state: The name and address of the appellant; The nature of the determination being appealed; The reason the determination is incorrect; and What the correct determination should be. An appellant who fails to file such a statement within the time permitted waives his/her objections, and his/her appeal shall be dismissed. E. Unless the appellant and the City agree to a longer period, an appeal shall be heard within 30 days of the receipt of the written appeal. At least 10 working days prior to the hearing, the City shall mail notice of the time and location thereof to the appellant. F. The City Council shall hear and determine the appeal on the basis of the appellant's written statement and any additional evidence he/she deems appropriate. At the hearing, the appellant may present testimony and oral argument personally or by counsel. The City may present written or oral testimony at this same hearing. The rules of evidence as used by courts of law do not apply. G. The appellant shall carry the burden of proving that the determination being appealed is incorrect and what the correct determination should be. H. The City Council shall render its decision within 15 days after the hearing date and the decision of the Council shall be final. Any legal action contesting the Council's decision on the appeal shall be filed within 60 days of the Council's decision. 4.20.110 Prohibited Connection. No person may connect to the sanitary sewer, water system or storm sewer system of the City unless the appropriate systems development charge has been paid or the installment payment method has been applied for and approved. .' . SECTION 2. That existing Chapter 4.20 of the Ashland Municipal Code is hereby repealed upon establishment of the methodology and schedule of systems development charges by Council resolution. The foregoing ordinance was first read by title only in accordance with Article X, section 2(C) of the City Charter on the 2nd day of ADril, 1991, and duly PASSED and ADOPTED this 16th day of ADril, 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1991. Catherine M. Golden Mayor cfJl1I.~.m or a ndum... January 7, 1991 ~o: steve Hall, Brian Almquist, John Fregonese, Jerry Glossop, Dennis Barnts, John McLaughlin, Al Williams, Don Paul, Vic Lively Jlfrnm: Jim Olson, Asst. city Engineer'd'80 ~uhjtd: Proposed Vacation of a Portion of Spring Creek Drive It appears that there is some confusion regarding the proposed vacation of a portion of Spring Creek Drive as discussed in my previous memo of December 19, 1990. with the development of the third phase of the Greensprings Subdivision, a standard cul-de-sac will be constructed with the center located approximately 175 feet from the end of the right of way. The 60 foot wide right of way from the cul-de-sac to the LUdwig/Voris property (130') would be unimproved but would be available for future connection should the Ludwig/Voris properties develop. The options for the future improvement of this right of way and the maintenance of it in its unimproved state could be addressed in the. subdivision approvals. The right of way terminus is .further protected by a one foot street plug which insures that the right of way cannot be used by the properties to the west without a further extension of the street. The attached map shows the proposed laYO~t.of.the new cul-de-sac and 0 right of way configuration. It is important that the vacation be tied (to the. approval of the Greensprings Subdivision, Phase III plat to insure that the provisions for a cul-de-sac are met. . )z 'frtv (\' \~ . ~.\ \ ,. -. Tl 800 z \ ~ 0\ e. <1\ ...... I. I f d "1-'. Tl -1100 _..~n , C I 0., " ;~1 t_, ;0'- .,. :~ o I'J . . :.CON>>SG."{' NeW '<<:." <TO~ ~ . . ")f.\'..H:~.rO.ENtJ"'oF' f:./.~T. . ;.- ,S" ~T<.)~M '~~..~lJ(.\ c:.ONNiC.T ". "."0. NE~ .'t4""lTQl~M c;E"J(.1i::. E~M'" LOT ''3; \'. ~ . .0, \ , , ~ 0'" ........ ,V) \ \ \ \ \ C0 .(~ -. - 1 Date filed: PETITION We the undersigned property owners residing on or near ~ P'^ \f\ 9 C r P P- k U\"\ '1:-:12 . do hereby peti tion the Ci ty Council to initiate ~edings to v~cate the above mentioned public right-of-way, being further described as follows: See fxh,b;t A We do further warrant that the signatures below represent 100% of the properties abutting the proposed vacation, and at least 66 2/3% of the affected area which lies within 200 feet on either side and 400 feet from the ends of the public right-of-way proposed ~or vacation." 1. 2. 3. X -/'\',.. c;l .-)/ ~. . 4 . . . :., ~,I" t... V [.;., -f...-. J... 6~~~~-x-' ~~ 7/Ltzt;~~~/~ -"'~? I-- :>. :> . 7 . 3. 3. ) . STATE OF C~~ !'1 ADDRESS 5 \36" C l 0 tJ C? Y' LrL V\ P It- ~ ~ OY'F' ~ ~ E=; L t("') VQ r L ~ e III ( Lt n It (" S~O L(OtJ~ l.4V\t' Ast.oR 510 ~ft)uex ~ A~h OR P.cO. ~ fr.2.~tJ 3q ~(,+A.. (lPlA ~yYA.l tr1~d Oye.. ) ) 55. TAX LOT NO. i4-~ l:loo /4A qoo J44 1 Son 14-4 -1Ar)D 14A~ . ~ I 0 () 1 bCfXJ III II ,Ii II !I i' : 1 : i o. ) 1 - S - 96 il -.) j IV\. ()\Sef\) II As\.-, \c.-.d C~l ~~ ,;', '" HV- Ii 11 II II II 'I \, I! II ,I i! II !j !t jl II 11 Ii II )0 . IbJL~~ t t v-. c...1 <:;) Soe. ~ ,~ tl 'E F Q... -t Ii::,'~ 0 \= po y c. i C1Yl 0 ~ b fv-"'Y)i Cr"C.~k. \) Y';ve to ~ \)c..c.c.A.~. A-l.so t~ ":JSb~ ~e ~ p r-()c.e ~~; "'," J-l \"Y) oJ ~ '1 O~ "'-~ (.. a....~i () ...J ~ + ~ J..A. ~ f I eo-) ~ CA..\l Yv\E,.. Co \."^ K La. y \0"""- / 0 -G. Pf'.JfO 4.4/1 t~r 1%.t"~YH~v- ~ D ~ r; ?ru~.Q.o<"; -l.: ~ - P hf1Vle I ? ~ - ~~ 4 ~. I J / I; /} I I.. ,..",....-- . . /'" ",.-/ .' .....- ./ ,LEGAL. DESCRIPTIO.N..FOR PORTIQNS .OF, SPRING ,CREEK DRIVE . TO BE VAcATED BY: CITY "OF' ASHLAND' ". .' A tract of land, being a portion of Donation Land Claim Number 52, Section 14, Township 39 South, Range 1 East of the Willamette Meridian and being more particularly descri~ed as follows: Beginning at a point on the West line of said Donation Land Claim Number 52, from which the Northeast Corner of said Section 14 bears North 44008'51" East, 1214.79 feet, said point being on the Northwesterly line of the public right-of-way for Spring Creek Drive as shown on the plat of Greensprings Subdivision, Extension Number 1, Jackson Count6, Oregon; thence North 89055'33" East, 60.09 feet (record is North 89 59'10" East, 60.00 feet); thence 77.11 feet along a nontangent curve to the left having a radius of 30.00 feet, a central angle of 147015'44", and a long chord of 57.57 feet which bears South 73054'41" East (record length is 77.01 feet); thence, along the proposed right-of-way line for Spring Creek Drive, South 32054'04" West, 86.78 feet; thence, along said proposed right-of-way, 44.83 feet along a curve to the right having a radius of 45.00 feet, a central angle of 57005'06", and a long chord of 43.00 feet which bears South 61026'37" West; thence along said propos~d right-of-way, South 89059'10" West, 30.47 feet to a point on the West line of Donation Land Claim Number 52; thence along said West line, also being the West line of a 1.00 foot wide street plug as shown on the plat of Greensprings Subdivision, Extension Number 1, North 00000'50" West, 109.30 feet to the Point of Beginning. ALSO ~ tract of land, being a portion of Donation Land Claim Number 52, Section 14, Township 39 South, Range 1 East of the Willamette Meridian and being more particularly described as follows: Beginning at a point on the West line of said Donation Land Claim Number 52, from which the Northeast Corner of said Section 14 bears North 37052'59" East, 1377.82 feet, said point being the most Southwesterly point on the public right-of-way for Spring Creek Drive as shown on the Plat of Greensprings Subdivision, Extension Number 1, Jackson County, Oregon; thence along the West line of said Donation Land Claim Number 52, also being the West line of a 1.00 foot wide street plug as shown on the plat of Greensprings Subdivision, Extension Number 1, North 00000'50" West, 46.49 feet to a point on the proposed right-of-way for Spring Creek Drive; thence along said proposed right-of-way, North 89059'10" East, 30.47 feet; thence along said proposed right-of-way, 104.61 feet along a curve to the left having a radius of 105.00 feet, a central angle of 57005'06", and a long chord which bears North 61026'37" East, 100.34 feet to a point on the existing right-of-way for Spring Creek Drive; thence South 32055'35" West, 104.13 feet (record bearing is South 32054'00" West); thence 7.46 feet along a curve to the left having a radius of 13.00 feet, a central angle of 32053'26", and a long chord of 7.36 feet which bears South 16036'00" West (record length is 7.47 feet); thence South 89059'26" West, 59.89 feet (record is South 89059'1011 West, 60.00 feet), to the Point of Beginning. ASHLAND PARKS AND RECREATION COMMISSION ..- . . :. . . ... CITY HALL · ASHLAND,. OREGON 97520 · 488-5340 PARK COMMISSIONERS KENNETH J. MICKELSEN Director PATRICIA ADAMS ALLEN A. ALSING LEE HOWARD THOMAS W. PYLE WES l. REYNOLDS MEt10RANDUM TO : Mayor Golden and City Councilors FROM : Ashland Parks and Recreation Commission DATE : March 21, 1991 SUBJECT: Recommendation to modify City Ordinance #2525, Section 10.68.400 pertaining to VEHICLE ACCESS TO CALLE GUANAJUATO In response to the Council's memorandum of December 19, 1990 concerning the vehicle access ordinance to Calle Guanajuato, the Commission reviewed the request by the Ashland Marketplace as stated in your memorandum and also received input from plaza merchants. The Ashland Parks and Recreation Commission is recommending to the City Council that Section A of the City Ordinance 10.68.400 be modified as originally proposed and would read: Access by vehicles to Calle Guanajuato, that area located between Winburn Way and North Main Street, is prohibited between the hours of 11:30 a.m. and 10:00 p.m. Monday through Friday and 8:00 a.m. and 10:00 p.m. Saturdays and Sundays from May 1 through October 31; and that Section B also be modified to read: The Ashland Parks and Recreation Commission may issue permits for access during the hours of closure for vehicles of property owners or lessees that have parking spaces on private land accessed through Calle Guanajuato or for other functions that are approved by the Ashland Parks and Recreation Commission. If the Council supports the Commission's recommendation, the Commission, as authorized under the new Section B, has agreed to issue a limited number of permits to the Marketplace as they requested for their 1991 operation. Home of Famous Lithia Park ~e'mor'andltm.. December 19, 1990 ~o: Ashland Park & Recreation Commission ~rom: Mayor & city council ~ubject: Vendor Request for Modification to Proposed Calle Guanajuato Access ~estrictions One of. the vendors from the Ashland Marketplace appeared before the council on December 18, and requested that the ordinance amendment proposed by the Ashland Park & Recreation Commission in its memo'dated December 10, be changed to allow one (1) hour of access on Saturday -and Sunday starting 1/2 hour after the Marketplace closes. The stated purpose was to allow the five or six vendors with heavy merchandise to load their wares into their vehicles rather than having to cart or carry them to distant vehicles. As it was explained to the Council, this would be very limited access for one hour each day, and no through traffic would be allowed (they would enter and leave via winburn Way). The city council would like the Park Commission's view on this requested change to the Ordinance amendment you previously proposed. cc:. Judie Bunch, Ashland Marketplace Public Peace, Morals and Safety 10.68.370--10.72.010 B. The Park Commission shall not be obligated to allocate funds for the maintenance and repair of said band shell. The funds, for maintenance and repair s~all be provided by the annual budget of the city. (Ord. 1109 (part), 1949; Ord. 626 S36, 1919) .10.68.370 Park limitations. No:person sh~ll park or permit to , .remain parked any motor vehicle which be~rs a motor home.or camper license on any street within, or on the park-side of any street adjacent'to the parks of this city,.betwe~n the hours of 2:00 A.M. and 6:00 A.M. It shall be rebuttable presumed tha~ any vehicle parked,contrary to the provisions of this section was parked by the registered owner thereQf. (Ord. 1891" 1976) , 10.68.380 Curfew. Except for police, Fire and Park Department employees on official b~siness no one shall be in Lithia Park between.the hours of 11:30 P.M. and 5:30 A.M. (Ord. 2036, 1979) 10.68.400 Vehicle access to Calle Guanajuato. A. Access by', vehicles to Calle Guanajuato, that area .located between. Winburn Way' and North Main street, is prohibited between the'hours of 11:30 A.M. and 10:00 P.M., from May'1 through October 31. ' B. The Director of Parks and Recreation may issue permits for access during the hours of closure, only fpr the personal vehicles of property owners or lessees that have parking spaces on private land accessed through Calle Guanajuato. c. When not otherwis~ prohibited, parking in Calle Guanajuato shall be li~ited to loading and unloading only"'and ,for a period not to exceed 5 minutes.' ' D. Any vehicle parked in violation of this Section shall be . subject to the penalty. contained in Section 10.68.350, and as'~ell, is subject to impoundment according to the provisions of Chapter 11.36 of the Ashland Municipal Code. (Ord. 2525, 1989) ChaDter 10.7~ THEFT* Sections: 10.72.010 10.72.020 stolen property. Petty theft. 10.72.010 Stolen DroDertv'. No person shall puy, receive, conceal, or ~ttempt to'buy property that.is known or should be known to such person to have been stolen. . (Ord. 1558 S16, 1968) * For statutory provisions regarding theft, see ORS 1~4.0~5 et sea. , 180 Revised Jan. 1990 ASHLAND PARKS AND RECREATION COMMISSION "eriY HALL ~ 'ASHLAND, OREGON '97520 . 488-5340 PARK COMMISSIONERS: KENNETH J, MICKELSEN Director PATRICIA ADAMS ALLEN A. ALSING LEE HOWARD THOMAS W. PYLE WES L. REYNOLDS MEMORANDUM TO : Mayor Golden and City Councilors PROM : Ashland Parks and Recreation Commission DATE : March 29, 1991 SUBJEC.....: Recommendation concerning donations of land for the Open Space by Jere Hudson The Ashland Parks and Recreation Commission recommends to the Council the acceptance of property which Mr. Jere Hudson has offered to donate to Ashland's Open Space Park Program. The one~ half acre piece of property is located between the ditch road and Strawberry Lane on the east slope of Scenic Hill that overlooks the plaza and Lithia Park. Both the Planning Department and Parks Department believe that this parcel of land would be very appropriate to be included in the Open Space Park Program. Mr. Hudson's property is in proximity to the parcel of land that will be donated for open space by the Barton sub-division. (See attached map A) The property will provide a connection between the ditch road and Strawberry Lane that eventually could lead to the Scenic Hill park site which has been identified on the Open Space Park Plan. In exchange for the donation of land, Mr. Hudson would like for the City to do a property survey. In working with the Planning Department, John Fregonese has suggested that City Engineering could provide this service. There would also be a nominal cost to the City for deed transfers. Home of Famous lithia Park .f" "'O'"E. ,n." ~ ~~. I (t f 2.03Ac , .' 1,/1. '7 ~\: t f,., c . 235Ac (P-81891 ~,67Ac . (P-74651 . Jtrt. H-v~SOY1 I l' . . 1.1.#" 4800 ~ ! 1.24Ac it : w'i .: ~! ~, ~o I '.... r \ N \~\ , . '\ ',,- '~e.morntt.d.um. March 26, 1991 <(fin: Brian Almquist, City Administrator JIf rom: steven Hall, Public Works Director J .\"\\ ~~ ~ubjtd: Council Request -- Water Treatment Plant Master Plan ACTION REOUESTED Information item. possible action at Budget Committee hearing -- see summary. BACKGROUND At the March 21, 1991 meeting the Council received a report from Mr. Dennis Eckhardt of Brown and Caldwell in reference to the September, 1990 taste and odor incident. The ~eport was intended to serve two functions: - to give the Council and staff an independent critique and analysis of the taste and odor incident. - to deal with the reasons for the incident and potential changes that could be made in testing and processing water in relation to algae blooms in Reeder Reservoir. The Council began expressing concerns about the condition and lifespan of the existing plant. As a re~ult of those concerns, the Council directed staff to return with a recommended course of action including a "master plan" for the water treatment plant. REPORT Over a year ago, staff began a program to review and evaluate the filter plant operations to begin to deal with some of the aging and obsolete equipment and processes. It must be noted that the plant is not going "to fall apart tomorrow". My civil Engineering degree from Oregon State University was with an emphasis in Structural Engineering. I worked in bridge design, construction, evaluation and maintenance for many years. I know I have a good ability to recognize" structural inadequacy. The structural portion of the filter plant is sound. An example for comparison of the life of concrete structures is Hosler Dam which was completed in 1928 and is still structurally sound in 1991. The Filter Plant was constructed in 1948. Water Treatment Plant Master Plan March 26, 1991 Page Two The capacity of the filter plant is not a concern for many years into the future as the filter plant has an ultimate capacity of 20 million gallons per day. This capacity can be met by placing the additional four rapid sand filters on line, 'increasing the total number to eight. Two are planned for fiscal year 1991-1992 which will increase the capacity to 15 million gallons per day. The main concern with the filter plant is the age and functional obsolescence of the equipment, not the structural integrity of the buildings and related structures. The increased requirements of the Environmental Protection Agency for water quality continues to place a burden on the operations of the filter plant. In addition, our current water quality problems in the watershed are an increased burden to deal with. As Mr. Eckhardt noted, the conditions we experienced in September, 1990 are probably due to changing climatological conditions over the last 6 years. As he noted, we may continue to experience such problems in the future. We have taken steps to minimize the possibility as noted in Mr. Eckhardt's report. I think it is important that the Council and citizens of Ashland understand the situation thoroughly. Mr. Eckhardt noted that the water in Hosler Dam had "turned over" in a manner similar to a temperature inversion. In speaking with Mr. Eckhardt he noted that such an occurrence can happen in about 10 minutes and the predictability of such an occurrence is extremely difficult. A study of the physical layout of the main building at the filter plant is in this year's budget although the special study on taste and odor has used a portion of those funds. The 1990-1991 budget also includes upgrades of existing equipment at the filter plant including the chlorination system and turbidity and residual chlorine measurement. In addition, other functional changes have been made as noted in Mr. Eckhardt's report. A study of the functional obsolescence of the filter plant is contained within the 1991-1992 budget. As noted in Mr. Eckhardt's report, this is the first step in evaluating future needs. I fully concur with that recommendation. , . ... . . .. - Water Treatment Plant Master Plan March 26, 1991 Page Three The 1991-1992 budget includes 'many upgrades to the filter plant including: + Professional Services * Water Plant Review ($20,000) * Tracer Study ($5,000) * Filter Bed Design ($10,000) + Improvements Other than Buildings * Add two filters and rebuild two filters ($79,300) * Motor for slow mix basin ($2,300) * New carbon feeder ($12,000) Staff recommends adding $30,000 to the Professional Services (624.000) and reducing the contingency Line Item (920.000) by a corresponding $30,000 during the Budget Committee hearing. This will allow the City to retain an engineering firm to begin a review of the filter plant function, processes and equipment and establish a capital improvement program as recommended by Mr. Eckhardt. This will be an expansion of the Water Plant Review noted above to deal with the additional items suggested by Mr. Eckhardt. SUHKARY Taste and odor problems could persist in the future and can be minimized but not eliminated. staff began the evaluation of the filter plant over a year ago and began programing equipment and functional updates for the filter plant. The Brown and Caldwell report has brought some additional functional and equipment needs at the Filter Plant that need to be addressed. A "master plan" issue cannot be dealt with until the functional issues are resolved. The functional issues will dictate the need for expansion of existing facilities to house new or changed processes. Add $30,000 to the Professional Services line item of the 1991- 1992 budget and reduce the contingency line item by $30,000. cc: Dennis Barnts, Water Quality superintendent Daryl McVey, Water Plant supervisor Pam Barlow, Administrative Assistant ;". .'~ 'tm.ltr.a.tt,d:.u.ttt March 26, 1991 ijf 0: Mayor and Council ~ rom: ~uhjed; John Fregonese council Agenda Please include on the agenda for the April 2, 1991 meeting final review of the Plaza redesign. The Downtown Plan Advisory Committee and the Historic Commission have both approved the final design and would like your approval. ASHLAN"D ".POL:i:C:E: 'DEPARTMENT." MEMORANDUM . : .~ :.' .";:>%., " . ~. . . . .-:' March 21, 1991 TO: Nan Franklin FROM: Vie Lively rJ! RE: Liquor Licensing ~~ I hs$ reviewed the list of current establishments in the City of Ashland with liquor licenses and have no objection to approval of the license upon renewal. u, ..~tnfn t.ct-n.dttm.:.;. t'''\\ C"l (\. \\t.~ y G'" f'I i-J' h .'. . \." t~...'. \, \'. . Mar'ch 21, 1991 ijI n: Jlfrnm: ~ubjtd: Mayor and Council Vie Lively, Chief of Police ~ Liquor License Application Application has been received from Tracy A. Darling, dba\Primavera for a liquor license, for a restaurant located at 241A Hargadine, Ashland, Oregon. A background investigation has been completed on the applicants and approval of this application is recommended. VL : 1 dk APPLICATION .'. . .""'-'" . ,. . . STATE OF OREGON . OREGON LIQUOR C~NTR~':- ~OMMISSIO~ Return To: . .," . to. . . .~ '. .~ . '" . GENERAL INFORMATION -his application form costs 55.00, A non-refundable processing fee is assessed when you submit this completed form to the Commission except for Druggist and Health Care Facility licenses). The filing of this application does not commit the Commission to the granting of he license for which you are applying nor does it permit you to operate the business named below. No. 20266 (THIS SPACE IS FOR OlCC OFFICE USE) Application is being made for: o DISPENSER, CLASS A o DISPENSER, CLASS B o DISPENSER, CLASS C o PACKAGE STORE ~ RESTAURANT o RETAil MALT BEVERAGE o SEASONAL DISPENSER o WHOLESALE MALT BEVERAGE & WINE o WINERY OTHER: rot; c f./)rl.? j2U-v:pr- :r.: ..--rc". [3...Add Partner o Additional Privilege o Change Location o Change Ownership o Change of Privilege &L.I, I I .._..L D_~~~~lJ~i'!:!~!i:f' o '::l,~'t!..,d..c;t.r~~,..~":;:,-:~. .,('~,~.. '----O'Other "" . ,'"'" (THIS SPACE IS FOR CITY OR COUNTY USE) NOTICE TO CITIES AND COUNTIES: Do 'not consider this applica- tion unless it has been stamped and signed at the left by an OlCC representative. THE CITY COUNCIL, COUNTY COMMISSION, OR COUNTY COURT OF (Name of City or County) RECOMMENDS THAT THIS LICENSE BE: GRANTED DENIED DATE I~' C . ....::.;:.) ".."""" BY (Signature) \( . ?(', r- f',J ('~: n~v~~.~nf'~ TITLE CAUTION: If your operation of this business depends on your receiving a liquor license, OlCC cautions you not to purchase, remodel, or start construction until your license is granted. 1. Name of Corporation, Partnership, or Individual Applicants: ()(~ r I /I"Lj 1) J;-:\. <..J 2) ~~ f:~ 4) ]], .V 3) 5) 6) (EACH PERSON USTED ABOVE MUST FILE AN INDIVIDUAL HISTORY AND A FINANCIAL STATEMENT) Pn'YVlfl Ve,Y"it 2. Present Trade Name I I .';141 A ; ,c ad I'V\ C (Number, Street, Rural Ro e) \ \ ,Akja~~ (City) II Year filed with Corporation Commissioner 3. New Trade Name 4. Premises address Ok '.];i.<...k'':.n, (County) (State) \ \ 5. Business mailing address (P.Q, Box, Number, Street, Rural Route) 6. Was premises previously licensed by OLCC? Yes-p>- No~ 7. If yes, to whom: ')~~C1(l,.J (~L~:-<<:---::(;2({:;;f;; t::_ /- . ': 8. Will you have a manager: Yes_ NO~ Name (City) Year (State) (Zip) Type of license: K (Manager must fill out Individual History) 9. Will anyone else not signing this application share in the ownership or receive a percentage of profits. or bonus from the business? Yes_ No..L- fP l( ;' I~ lilt ~ Act ; k.( ftsft. (tL..-& ress) ,4 :) h I Ct. lA_~{i U.:;(1/k Ci'\"~ V\.~ (Name ot! City or County) Ira '--<( ()/';( ~ / I )~ ame) C/ (f - / 'rer l( (Tel. No, - home, business, message) 10. What is the local governing body where your premises is located? 11. OLCC representative making investigation may contact: CAUTION: The Administrator of the Oregon liquor Control Commission must be notified if you are contacted by anybody offering to influence the Commission on your behalf. Applicant(s) Signature (In case of corporation, duly authorized officer thereof) 1) 2) 3) 4) 5) Orlglna' - L.oc:el Government 6) Form 84545-480 (8-82) ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCES 2112 AND 2130 AND ESTABLISHING EXPANDED EMERGENCY WATER CURTAILMENT REGULATIONS. WHEREAS, six of the last seven years have been classified as "drought" years for water supply, and WHEREAS, it is the desire of the city council to insure adequate water pressures and water supply during drought years for domestic and fire use, now therefore: THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The City Administrator is hereby authorized to institute emergency water curtailment measures based on an analysis of the demand for water in the city, volume of water in Reeder Reservoir versus a standard drawdown curve, the projected curtailment date for Talent Irrigation District Water and flows in the east and west forks of Ashland Creek. SECTION 2. Action of the City Administrator under Section 1 of this Ordinance shall be effective until the next Council meeting following such action at which time the Council must ratify or repeal the curtailment measure instituted by the City Administrator. SECTION 3. Depending on the severity of the potential water shortage, the city Administrator is authorized to implement the following water curtailment measures: A. FIRST STAGE Outside irrigation, filling swimming pools, washing of vehicles except at a commercial car wash and the use of water to wash down paved surfaces or structures shall be prohibited for homes, schools, parks, public lands or businesses based on watering allowed on even days for even addresses and odd days for odd addresses. B. SECOND STAGE All outside use of water is prohibited including commercial car washes. C. THIRD STAGE Limit all water use to all water customers to the average of November through April consumption. D. FOURTH STAGE Limit all water use to all water customers to a fixed amount of water per day based on projected water supply needs for potable and fire protection. ~ -",'. . '-". '-. -. . . '. SECTION 4. Any person, firm, corporation, school or governmental agency violating the provisions of this Ordinance shall be deemed guilty of an infraction for each and every day or portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued, or permitted, and upon conviction thereof shall be punished as prescribed in section 1.08.020 of the Ashland Municipal Code. SECTION 5. Ordinances 2112 and 2130 are repealed on the effective date of the passage of this ordinance. The foregoing ordinance was first read by title only in accordance with Article X, section 2(C) of the City Charter on the 2nd day of April 1991 and duly PASSED and ADOPTED this 16th day of April 1991. Nan E. Franklin, city Recorder SIGNED and APPROVED this day of , 1991. Catherine M. Golden, Mayor . ... ~ ~e m o:r" a n.dU1U: March 27, 1991 ijI n: Brian Almquist, City Administrator ( JIf rom: steven Hall, Public Works Director..J1 ~'M ,,- ~ubject 'Lori Lane Proposed LID /? ACTION REOUESTED City Council adopt the attached Resolution setting a Public Hearing for May 7, 1991 for Improvements on Lori Lane. BACKGROUND The City has signed petitions for 100% of the affected property owners. A detailed report will be presented at the Public Hearing. Staff recommends approval of Resolution setting hearing. cc: Jim Olson, Assistant city Engineer Pam Barlow, Administrative Assistant encl: Resolution Hearing Notice / RESOLUTION NO. 91- A RESOLUTION OF INTENTION TO PROVIDE FOR THE INSTALLATION OF CURBS, GUTTERS, ASPHALTIC PAVING AND STORK DRAINS ON LORI LANE BETWEEN HERSEY STREET AND EXISTING IMPROVEMENTS AT GLENNVISTA ESTATES. THE CITY COUNCIL OF THE CITY OF ASHLAND DOES RESOLVE AS FOLLOWS: SECTION 1. It is the intention of the Council to cause curbs, gutters, asphaltic paving. and storm drains to be constructed by contract on LORI LANE BETWEEN HERSEY STREET AND EXISTING IMPROVEMENTS AT GLENNVISTA ESTATES. Such improvements will be in accordance with costs estimated on attached Exhibit "A" per front foot of benefited property, 100% of which will be paid by special assessments. SECTION 2. The Council will meet in the Council Chambers, Ashland civic Center, 1175 East Main Street on the 7th day of May, 1991, at 7:30 P.M., at which time and place the owners of the adjacent benefited property are called upon to appear before the Councilor to submit written comments and to show cause, if any, why the improvement should not be constructed and why the owner's property should not be assessed for the improvements. SECTION 3. Warrants for the interim financing of the improvements shall bear interest at the prevailing rates and shall constitute general obligations on the City of Ashland and shall be issued according to the terms and conditions in ORS 287.502 to 287.510 inclusively. SECTION 4. The City Recorder is directed to serve notice to the property owners by publishing a notice of the public hearing once in the Daily Tidings, not less than ten (10) days prior to the hearing, and by mailing copies of the notice by registered or certified mail to the owners of each lot benefited by the proposed improvement as shown on the latest tax and assessment roll. The notice shall be in the form of Exhibit "A" attached to this resolution. This Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland, Oregon on the 2nd day of April, 1991. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of April, 1991. Catherine M. Golden, Mayor . . .... NOTICE OF PUBLIC HEARING EXHIBIT "A" NOTICE XS HEREBY GIVEN that the City Council of the City of Ashland will meet on the 7th day of May, 1991 at 7:30 P.M. in the Council Chambers, 1175 East Main street, to hold a public hearing to consider the formation of a Local Improvement'District as follows: NATURE OF THE IMPROVEMENT: Construct curbs, gutters, asphaltic paving and storm drains on LORI LANE BETWEEN HERSEY STREET AND EXISTING IMPROVEMENTS AT GLENNVISTA ESTATES. BENEFITED PROPERTY: 39 1E 5DA 300, 301, 2701, 2800 and 39 1E 5DAD 90,001, 90,002, 90,003 and 90,004. ESTIMATED COST: $27,540 or $35.00 per front foot of benefited property, 100% of which will be paid by special assessment. ADDITIONAL INFORMATION: Preliminary proiect desiqn information and detailed estimates of project costs are available durinq business hours at the office of the Enqineerinq Division. 27-1/2 North Main Street. NOTICE IS FURTHER GIVEN that all affected property owners are called upon to appear at the hearing, or to submit written comments prior to or at the hearing, as to why the improvements should not be constructed, or why the benefited properties should not be assessed for the construction in the manner proposed. BY THE ORDER OF THE CITY COUNCIL Nan E. Franklin, City Recorder PUBLISH: Daily Tidings Date ijI n: Jffrnm: ~ubjed: ~emnrandum. March 25, 1991 Mayor and City Council Dick Wanderscheid (jfi) AMENDATORY AGREEMENT NO.2 TO THE ENERGY SMART DESIGN PROGRAM Background The City of Ashland signed a contract with BPA on September 6, 1988 to operate the Energy Smart Design Assistance Program. This program's goal is to provide free energy design assistance to new commercial buildings or major remodels of existing commercial buildings. BPA pays ~ngineering firms to perform the study and then make recommendations which will make the buildings more energy efficient. If buildings are constructed incorporating the recommendations, they are eligible for awards under the program. Those built to be at least 10% more energy efficient than the state building code, qualify for an Energy Smart award, while those built at least 30% more efficient than the code qualify for an Energy Edge award. Under this program, only large buildings which can justify the expense of computer modeling and consulting time are eligible to take part. Three studies have been performed to date, two on new buildings and one on a major remodel. Most new buildings in Ashland are not large enough (Le. greater than 14,000 square feet) to qualify for an energy analysis, so the program has so far reached only a small segment of Ashland's commercial market. BPA has recognized the need to address these smaller commercial buildings that did not justify the cost of consultants and computer modeling. With this in mind, a prescriptive path manual was developed that could be used by small utilities to provide design assistance to smaller new commercial buildings. This publication uses a cook book method to qualify buildings as either Energy Smart or Energy Edge. I have included a copy of the design strategies for offices in Climate Zone 1 to give you an idea of how this book works. The staff has already worked with some new commercial buildings utilizing the prescri~tive path manual and we have found that diversity and complexity of the commercial market make it very time consuming and difficult to convince commercial developers to invest in the design strategies suggested by the manual. Amendatory Agreement No.2 BP A has recognized this program can take a considerable amount of staff time to successfully implement, therefore, it has offered Amendatory Agreement No. 2 to all utilities operating the program. The Amendment will provide funds to the City to help cover the costs of operating this program. Under the proposal, the City would receive the following funding: 1. Base annual administrative allowance = $500 jyear 2. City provided design assistance allowance (prescriptive path) = $200jbuilding 3. Administrative fee for certifying buildings A) Energy Smart Building (City provides design assistance) = $600 jbuilding B) Energy Edge Building (City provides design assistance) = $800 jbuilding C} Energy Smart Building (BPA provides design assistance) = $1oojbuilding D) Energy Edge Building (BPA provides design assistance) = $300 jbuilding Since we have already been implementing this program, the money provided under this Agreement will help cover costs the City is already incurring. The Agreement would begin on the day the City executes the Agreement and end on September 30,1992. It is anticipated a new Energy Smart Design Assistance Program, including incentives to be paid to the developers of new commercial buildings, would replace this contract in October, 1992. Conclusion Since this Amendment will reimburse the City for services we already provide, Staff would recommend the City execute the Agreement. I have attached a Resolution authorizing the Mayor and City Recorder to sign the Agreement if the Council agrees. I will be present at the Council meeting to answer questions, but feel free to give me a call prior to the meeting at 488-5306 if you have questions or need further assistance in this matter. 46990SOm - Rev 6-30-90 =N=:::)G~I _ _I~ iT ~T t:eK:ti :.I. :J.i.~ ,/-) ff'l;JI :F.Jl, R-19 Mmlfnum R-i3 MInimum R-i3 Mmlmum R-28 MInimum R-18 Minimum R-18 MInimum R-11 Minimum R-11 Minimum .. R-11 Minimum : R-9 Minimum R-9 Minimum R-9 Minimum Uo - 0.60 Maximum Uo - 0.72 Maximum Uo - 0.72 Maximum 25% 25% 25% Not Used :: R-8 Perimeter R-8 Perimeter .11 R-8 Perimeter R-19 Underfloor R-19 Underfloor :~~ R-19 Underfloor : Electric Resistance! Heat Pump Electric Resistancel Other Fuels Other Fuels Unitary AC. Heat Pump Unitary AC. .. Package "A" Package "A" Package "S" ., 1.2 WattslSF 1.2 WattslSF 1.2 WattslSF ManualOn-Off Manual On-Off .. Occupancy Sensors : : Electric Resistal1ce! Electric Resistance! .. Electric Resistance/ Other Fuels Other Fuels .' Other Fuels R-19 Minimum R-19 MinifTIJm R-13 Minimum R-19 Minimum R-26 Minimum R-26 MinifTIJm R-18 Minimum R-30 Minimum R-19 Minimum R-11 MinifTIJm R-11 Minimum R-19 Minimum R-9 Minimum R-9 MinifTIJm R-9 Minimum R-9 Minimum Uo = 0.49 Maximum Uo - 0.49 Maximum Uo - 0.72 Maximum Uo - 0.72 Maximum 25% 25% 25% 25% R-8 Perimetsr R-8 Perimetsr R-8 Perimeter R-8 Perimetsr : R-19 Underfloor R-19 Underfloor R-19 Underfloor R-19 Underfloor Electric Resistance/ High Efficiency High Efficiency Heat Pu"" Other Fuels Heat Pump Heat Pump Unitary A C. High Efficiency High Efficiency Heat Pump Heat Pump Heat Pump Package "C" Package "B" Package "8" Package "B" 1.0 Watts/SF & 1.2 Watts/SF & 1.0 WattslSF & 1.0 Watts/SF & Efficient Exit Lights Efficient Exit Lights .. Efficient Exit Lights Efficient Exit Lights Occupancy Sensors ManualOn-Off Occupancy Sensors Occupancy Sensors Electric Resistance/ Electric Resis.tance/ Electric Resistance/ Electric Resistance/ Other Fuels Other Fuels Other Fuels Other Fuels . . .......... .... .. .... ........ . .. . ... ..... ..... . . ... . .... ... .. . ...... . ... ........ ., . . .. . ... .... 5A-l RESOLUTION NO. 91-_ A RESOLUTION OF THE CITY OF ASHLAND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN AND EXECUTE AMENDATORY AGREEMENT NO.2 TO THE ENERGY SMART DESIGN ASSISTANCE PROGRAM WHEREAS, the City of Ashland is already implementing the Energy Smart Design Assistance Program; and WHEREAS, Bonneville Power Administration is offering an amendment to the agreement to pay for some of the implementation costs; and WHEREAS, the administrative money will allow the City to implement the program more effectively; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council as follows: The Mayor and City Recorder are hereby authorized and directed to sign on behalf of the City, Amendatory Agreement NO.2 to the Energy Smart Design Assistance Program. The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the _ day- of 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this _ day of , 1991. Catherine M. Golden Mayor ... . ~. em n r n tt d u.m March 27, 1991 ~n: Mayor & City Council ~rnrn: Rob Winthrop, Councilor ~ubjed: House Bill 2779 - Oregon Housing Fund Bill A bill currently before the Oregon Legislature would establish a Housing Trust Fund to aid in the construction of affordable housing. Passage of this measure would be a major step forward in improving Oregon's affordable housing situation. This bill will be heard later this .onth by the Senate Ways & Means Committee. I would very much appreciate the Council's endorsement of this measure. A summary of the bill itself and a resolution of endorsement are attached. .. .... .' ~ ... ~ .. ..... I." ~ ~ .. '. 'HOUSING LOBBY COALITION 135 SW Ash, Portland, OR 97204 TO: Friends of Affordable Housing FROM: Peter Grundfossen For the Housing Lobby Coalition DATE: March 21, 1991 SUBJECT: Legislative Campaign For Low-Income Affordable Housing The House of Representatives Co~ttee on Housing and Urban Development held a hearing on Thursday, March 14, on the Oregon Housing Fund Bill, HB 2779. From all appearances it was a smashing success. Twenty-five witnesses testified in favor of the -bill, which would provide funding for a housing trust fund and for emergency and transition housing services. The Housing Lobby Coalition submitted the bill with a $43,000,000 price tag. The representatives took the matter under advisement, and will consider, in a work session on March 21, amendments and the dollar amount to be recommended to the Joint Ways and Means Committee. I believe the bill will be voted out of the House Committee favorably and possibly unanimously. But the House Committee has a relatively easy decision. The hard part -- deciding how much should be spent on the bill -- has to be done by the Joint Ways and Means Committee. Therefore, it is imperative that all those who testified and all others who want a housing trust fund bill call, write, or speak in person to the members of the Ways and Means Committee. Please do so right away. The members are Senators: Bill Bradbury (co-chair) Larry Hill Cliff Trow Wayne Fawbush Grattan Kerans Mae Yih , Lenn Hannon Frank Roberts Representatives: Tony Van Vliet (co-chair) Jeff Gilmour John Minnis Stan Bunn Eldon Johnson Bob Shiprack . Ted Calouri , Denny Jones You can write to them all at the same address: Senator (or Representative) Jane Doe State Capitol Building Salem, OR 97301 OREGON HOUSING FUND BILL SUMMARY 1. Establishes the Oregon Housing Fund and appropriates $35,000,000 to it. 2. The Fund is comprised of two accounts. A. The Emergency Account B. The Housing Development and Guarantee Account 3. $ 5,000,000 is appropriated to the Emergency Account. A. It is managed by the Department of Human Resources. B. The $ 5,000,000 is used for a number of purposes. (1) Transitional housing services (2) state shelter assistance program (3) In-home disabled and elderly services (4) Emergency rent and mortgage assistance 4. $2,4,000,000 is appropriated to the Housing Development and Guarantee Account. A. Only the revenue earned from Development Account investments can be spent. B. The revenue is managed by the Oregon Housing Council. c. The revenue must be used to construct low-income housing, either new construction or rehabilitation. D. Grants would be given to developers -- for-profits, non- profits (community development corporations) or government entities such as housing authorities or development commissions on the basis of cost effectiveness and general effectiveness in housing low- income households. E. At least 75% of the revenue must be spent for households earning less than 50% of area median income. F. No more than 25% of the revenue may be ~pent for households earning 50% to'SO% of area median 1ncome. G. Funds can also be used by the council for technical assistance by the Council to developers and for Council administrative costs. H. The Development Account shall be used as a loan guarantee account for guaranteeing commercial mortgages to low- income households. 5. The Bill also dedicates t5N\ of lot tery revenues to the Development Account. other sources of dedicated revenue are being sought. The Bill also appropriates $6,000,000 for a first bienniwn start-up aCCOQDt, to fund programs under (4) until interest lO/ 19 AA genera ted by the trust fund 0 6. 3/27/91 THE OREGON HOUSING FUND OREGON'S HOUSING CRISIS America's Economy has changed drastically in the past ten years. For low-income people, housing at affordable rates is now more ,difficult to find than at any time since the great depression of the 1930s. Nonetheless, the federal government has reduced its housing budget by 75% since 1981 ($32 billion to $7 billion) and eliminated tax code provisions previouslY favorable to qevelopment of low-income housing, thereby drastically reducing low-income housing construction throughout the nation. The State of Oregon has never used general fund resources for housing construction or subsidy programs. The following is a brief description of the housing situation in Oregon for low-income households: _ 4,000 to 5,000 people are homeless every night. _ A conservative estimate of 50,000 low-income households are paying more than 30% of their income for rent and utilities; 50% of these households pay more than 50% of their incomes while 25% of them pay more than 70%. Most are at risk of homelessness. Construction of low-income housing has virtually stopped in the past 10 years. Rental housing vacancy rates have dropped,to 1% or less in SalemI Eugene, Madras, La Grande, Roseburg and other corrununities. The rate 1.S at a low 3% in the Portland Metropolitan Area. _ In many communi ties there are so few uni ts for rent that available federal rent subsidy funds cannot be use~ to help. _ Rental costs are increasing at a'drarnatic rate: an average 16% in 1988 and 15% in many communities in 1989. _ Rents increased by 47% and average wages by only 34% from 1980 to 1988. PLANNERS SEE IT AS MORE DIFFICULT AND COSTLY TO STABILIZE A HOMELESS FAMILY THAN IT IS TO PREVENT HOMELESSNESS. The conceptualization above is from, Resolvinq Homelessness in Portland and Multnomah Count~, Housing Authority of Portland, 1989. ~' ~\ .:: ~ GGth OREGO;\ LF:GISLATIVE ASSF:~1BLYu1991 Regular Session House Bill 2779 Sponsored by Representatives BAU~tA:\, REPI;\E, Senators J. HILL, L. . HILL (at the request of Association of Oregon Housing Authorities; Community Action Directors of Oregon; Oregon Shelter Xetwork; CASA of Oregon; Oregon Coalition Against Domestic and Sexual Violence; Lutheran Office on Public Policy; Portland Conullunity Housing Resource Board, Inc.; Oft'gon Human Rights Coalition; l.eagueof Women Voters of Portland; Oregon Alliance of Advocates for the Mentally Ill; Oregon Consumers Ketwork, Inc.; Congregation Beth Israel; Oregon CC\tholic Conference) SUl\ll\lARY Thc following summnry is not prepared by the sponsors of the mcasure and is not a part of the body thereof sllhjcct to consideration by the Legislative Assembly. It is an ('(fitor's brief st.\tement of the essential features of the 1l\('a5ure as introduced. Crcates Oregon H()u~ing Fund consisting of Housing Development and Guarantee Account O-lDGA) and Enl(,\fgency Housin~ Ac(:ount (EHA). Appropriates S million to State Housing Council and Oregon Hou::;ing Fund. Directs council to di~burse re\.enue from HDGA to expand low and ....ery low income housing. Authorizcs grants fmm HOG:\.. Establishes Guarantee Fund from Guarantee Account for guaranteeing loans. Establishes limits on account of Guaranh.'e Fund t.o be allocated for eCI'tain loans. Provides for administration of EHA by OI"Cgon Housing Agency. Directs lIse of account for as- sistance of homeless and persons at risk of homclessness. Directs EHA grants to organizations . benefiting low income and very low income persons. Dedicates five percent of Stat.e Lottery Fund to HDGA. Declares cmergency, effecthe July 1, 1991. ' A BILL FOR AN ACT 2 . Relating to housing; creating new prOVISIons; amending ORS 456.571 and 456.574; appropriating 3 mone)'; and declaring an emergency. 4 Be It Enacted by the People of the State of Oregon: 5 SECTION 1. The Legislative Assembly finds t.hat developing affordable housing in O.'egon is 6 necessary to maintain the quality of life, cr:eate jobs and to further economic development. 7 SECTION 2. For purposes of this Act: S (l) "Administrator" means the Administrator of the Housing Agency. 9 (2) "Agency" means the Housing Agency. to (3) "Council" means the State Housing Counc~l,established in ORS 456.567. " 11 (4) "Disabled" means t.hose persons described as such by the Fair Housing Amendments Act of 12 1988. 13 (5) "Low income" means individuals or households that receive more than 50 percent but less 14. than 80 percent of the area median income as dctennined by the council based on information from 15 the Unitcd States Department of Housing and Urban Development.. 16 (6) "Organization" means a: 'T 17 (a) Nonprofit corporation established under O.R~ chapter 65; , ' .. 18 (b) Housing aut horit)' established under ORS 456.055 to "456.230; or ~', 19 (c) Local government as defined in ORS 197.015..;: ".' , 20 (7) "Very low income" means indh'iduals or households which receive less than 50 percent of~. 21 the area median income as determined by the council based on info.'mation from the United States') 22 Department of Housing and Urban De\-clopme,~t';".r.< ;;'. ,: ,:';' 23 ,SECTION 3. (1) There is created in the General F~II~d;ofit.~~State Treasury the Oregon HousingH-. NOTE: ~latter in bold fllce in an amended section is new; matter (italic and bracketed] is ~xisting law to he omitted HB 2779 1, Fund ,,:hich 0 shall c'onsist ofiwo - sepa'r';ic ~~'volvlng' account's, the' ,'Iousi'ng bc\;clo'pme~l and Guar-' 2 antcc An:otlllt alld the Emergency HOllsillg Ac('otlllt. 3 (2) All earnings on investmcnt of moneys in tbe Housing Dcvelopment and Gu<\rantec Account 4 shall accrue to that account. All e<\rnings on investment of moneys in the Emergency Housing 5 Account shall accrue to that account.. 6 (3) Moneys'in the Housing Development :and Guarantee Account are appropriated continuously 1 to the State Housing Council to carry out the provisions of sections 5 and 6 of this Act. Moneys S in the ,Emergency Housing Account are appropriated continuously to the'State Housing Council to 9 carry out the provisions of sect ion 7 (lr-t his Act. 10 (4) Moneys deposited in the Oregon Housing Fund pursuant to section 8 of this Act, sh<\llbe 11 credited to the Housing Dcvelopmcnt and, Guarantee Account. 12 SECTION 4. (1) There is appl'opriatcd to the Oregon Housing Fund, out of the General Fund, 13 the sum of S million for-the purpose of caa-rying out. tht'pro"oisiolls of this Act. J-t (2) The amount of S million of the fund shall be credited to the Emergency Housing 1." Account. 16 (3) The amount of S million of ' the fund shall be cr<~dited to the Housing Development Ii and Guarantee Account. IS 19 SECTION 5. (1) The council shall disburse the rcven!Je earned from investment of the principal in the Housing Development and Guarant.ee Account to expand this statc's supply of housing fOI' low ..tnd vcry low income families and individuals, including, but not limited to, housing for persons ovcr 65 )'cars of age, disabled persons and farm workers. For purposes of this scction and section 6 of t.his Act., "account" means t.he Housing Devclopment. and Guarantee Account. In disbursing rC\'enue from the account; the council shall attempt to distribute funds statewide while concentrating funds in those areas of t.he state with the greatest need, as determined by the council, for low and very low income housing. (2) Revenue from the principal in the a~count shall be disbursed as grants for any or all of the following purposes: (a) To organizations as defined in section 2 of this Act and to for-profit business entities to construct new housing or to acquire or rehabilit.ate existing structures, or both, for housing for persons of low or very low income, or both; (b) To provide nonprofit organi7.ations, as set forth in ORS458.210 to 458.240, ~echnical assist- ' ance or predevelopment costs, or both. Predevclopment costs 'include, but are not limited to, site _acquisition, archit.ecturai services and project consultants. Prcdevelopment costs do not include costs described in paragraph (c) of this subsection; . (c) For costs to develop nonprofit. organi7.ations that show sllfficient e,,'idence of having strong community support and a strong likelihood of producing 10\\1 or very low income housing. No ac- count rcvcnue shall be used by an organization for its general operations; (d) ,To match public and private moneys available from other sou'rces for purposes of production of low or very low income housing; or (e) For purposes of administ.ration of the acc~unt, not to exceed five percent. of the revenue. (3) .The coun~i1 shall give preference in making grants"to t.hose enti"tics that would propose to: (a) Provide the greatest number of low and very low i~co~e h~using units construct.ed, acquired, or rehabilitated for the amount. of accoun~ money expelld,ed by matching account funds with other grant, loan '~r"eligible in-kina cont.ributions; ~,,' ' ,.. 20 21 22 23 24 25 26 ?- _4 28 29 30 31 32 33 34 35 36 31 3S 39 40 41 42 43 44, (2J . '",. '. / ;) ~ , .:11 f {"~'\ J ., ." -::__.f .liB2779. . '. ..... ". (b) Mix low and '"cry 10'.... incomc housing units with modcratc and uppcr incomc housing units; :2 (c) Ensurc the longcst llSC for thc units as low or \'cry low incomc housing units; and 3 (d) Includc social scrviccs to occupants of thc proposed housing, including but not limitcd to, 4 programs that. address home health care, mental health care, alcohol and drug. treatment and post- S treatment. care, child care ~nd case managemcnt.. 6 (4) At least 75 pcrcent-"of .the revenue derived from the account in any calendar year shall be 7 used t.o construct, acquire or rehabilitate housing for very low income persons. No morc than 25 8 percent of the rcvenue deri\"<:,d from the account in any calcndar ycar shall be used to construct, 9 acquire or rehabilit.ate housing for low income households. 10 SECTION 6. (1) The principal that is credited to the Housing Development and Guarant.ce Ac- 11 count under scction 3 (3) of t.his Act shall be lwld and used by the State Housing Council as the 12 Guarantec Fund. The fund shall be llscd t.o ~uarantee repayment of loans made to finance the con. 13 struction, acquisition or rehabilitation of low and very low income hOllsing. 14 (2) Thc council shall not issue any loan ,guarantce undcr this section that guarantecs thc rc- 15 paymcnt of more than _ percent of the original principal balance of any loan. 16 (3) At no time shall the aggregate dollar total of all loan guarantees issued by the council under 17 this scction exceed the tot.al amount tht'n in the Guarantee Fund established under subsection (1) 18 of this section. 19 (4) In issuing loan guarantees under,t.his section, the council shall give preference to loans for 10 the construction, development, acquisition or rehabilitation of low or ,'cry low income housing that 11 would: ~ (a) Pro\'ide t.he greatest number of low and very low in<:ome housing units constructed, acquired 23 or rehabilitated for the amount of guarantee allowed; 24 (b) Mix low and very low income housing units with moderat.e and upper income housing units; 25 (c) Insure the longest possible use for the units as low or very low income housing units. Pur- 16 suant to this end, the State Housing Council may adopt a formula which optimizes the interests of 27 the lender and the developer and the working life of the low and very low income units; or 18 (d) Include a program of sen.ices for the occupants of the proposed housing including, but not 19 limited to, pro~ram.s that a~~~ss home health care, mental health scn'ices, alcohol.and drug treat- 30 ment and post-treatrpent ~a.r~,,:,child, care and case managcmcnt.. ,,'," 31 (5) At le~st. 'i5 percent of the Guarantee Fund e~tablish<!d under subsection (1) of this section 32 shall be used to guarantee loans made to finance the construction, de\'clopment, 'acquisition or re- 33 habilitation of hOll~ing for \'t~ry low income h{)lIs~holds. ~(l more than 25 perctmt of t.he Guarantee 34 Fund shall be used to guarantee loans made to finance the construction, devclopment, acquisition 3:i or rchabilit.ation of housing for low income households. 36' SECTION 7. The E~rg~nc)' Housing Account shall be ~ldministered by "the State Housing 37 Council to clssist homeless p,ersJlns and those persons who are at risk' or" becoming homeless. For 3$ purposes of this se~ti()n, "account" means the Emergency Housing Account.' ... :-19 (1) The council shall disburseS million in grants to organizations that shall use the 40 funds to provide to low and very low income persons: 41 (a) Services including, but not limited to, emergency shelt.er, case management, counseling and 42 transitional housing; 43 (b) Programs that provide emergency.payment. of home owner pay trient,:' rents 'o.r'ltt.ilities. or 44 prO\'ide food, clothing or transport.ation; or (3] ~ 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 Xl 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 H B 2779 . ' . '. . . >" ~,>~ . ... .. '. .... .,. " . '. (<;}.Some o'ralLor ih~ lleeds des'cribed"in p~1-agrap'hs' (a) ~in'd (b) of-this slibsection. (2) The council shall disbur"se S million in' grants to organizations to pro\'ide services to enable persons over 65 years of age, mentally ill persons and disabled per~()ns to continue living in their own homes o~ to provide in-home services for such persons for whom suitable programs do not exist in the geographic area. (3)(a) The council shall requirc as a condition of awarding a grant that .the organization'dem- onstrate to th~. satisfaction of the council that .the brganization has the capacity to deliver any service proposed by th~ organii'.c'ltion. (0) Any funds granted untier this section shall, not be used to replace existing funds. funds granted under this section maybe used to supplement existing funds, An organization may use funds to support existing prog,'ams or to estaolish new programs. (d The council shall give preference in granting funds to those organizations that coordinate services with those programs established unde.' section 5 of this Act. SECTION 8. (1) l\:ot withstanding any other provision of law, five percent of all proceeds from funds under ORS 461.510 (2)(d) are dedicated to the Housing Development and Guarantee Account. (2) Individuals and corporations, both for profit or nonprofit, may make monetary contributions to t he Housing Developm('nt and Guarantee Account. SECTION 9. ORS 456.571 is amendcd to read: , ,~ 456.571. (1) The State Housing Council shall develop policies to aid in stimulating and increasing the supply of housing for persons and families of low or very low income.' . (2) The council shallrc\'iew each loan or grant in excess of 5100,000 proposed to be made by the administrator under the agenc~"s programs and the council may approve or disapprove any loan or grant. The administrator sl.lall submit each' loan or grant in excess of 5100,000 the agency pro- poses to make to the council for review and shall not make any loan or grant in excess of $100,000 which has not been approved by the council. Council review of loan or grant proposals shall be held at ~ public hearing of the council. l'otice -of a loan or grant rcview,shall be provided the ~Ioan or grant applicant. not less than five days ,before the review hearing. The loan or grant review, naming the subject of and p~rties to the . loan or grant, shall be included in the published not.ice required by ORS 192.640. (3) The council shall make special effort to respond to both printe and public a~lio~,\~~ich ., may r~ise the cost of the housing s,:!ppty.in the open market, as the open market is the 'source of housing for the preponderance of lower income households. (4) The council shalf be responsible for studying and conuncnting upon, and advising,th~ Gov- ' ernor, Legislath'c Assembly, other stat.e agencies and local governments concerning local,'state and federal legislation or rules that affect the cost and supply of housing, both before and after they a~e enacted. Such legislation or rules include but are not limited to those which would: (a) Pro\'ide financing for the construction or rehabilitat.ion of housing; . . . . " ! '.,:' 'j, ~ . (b) Subsidize new or existing housing costs ;for lower income households by income support, tax. credit, or support sen.'ice methods; . .;",:("T::;" (c) Regulate the division of land; (d) Regulate the use of land; '"{,,, . (e) Regulate building constructiQn standards; . - -," -'..If:-' . (0 Regulatc. fees for inspection scrvices, permits, or professional services related to h~u~i~.g? (g) Encourage alternatives that increase housing choices; )t;t~;i~i.~,- . :: 13~ .. .;:~;,/'~~;ig ~' [ol) ~... . ." . . .-~- ( 1\ ,"' ~..... ~ ~'<,~ \I "f , '., .1"". ". : j: }. 'V . .H.:B 2779 , (h) Create or avert overlapping jurisdictional functions and their concomitant increased costs 2 which are reflccted in housing priccs; 3 (i) Create or avoid conflicting state and federal regulations which deprive lowcr income house- 4 holds of assistance; and 5 (j) Help of hinder compliance with the housing goals established by the Land Conservation and ~ . Development Commission under ORS 197.240. 7 (5) The council may init.iat.e legal proceedings in its own name to further its purpo~es under this 8 section. 9 (6) The council shall exerdse it.s re~ponsibilities and powers in a manner which expedites the 10 acquisition, construction, impro\'ement or rehabilitation of housing. 11 (7) The council shall adopt the rules necessary [for the administration and enforcement of ORS 12 456.550 to 456,720 and establish criteria for granting of benefits conferred by ORS 456.550 to 456.7201 13 to carry out the programs which. the council is charged with administering. including ad- 14 ministration. enforcement and establishment of criteria for granting of benefits. 15 SECTION 10. ORS 456.574 is amended to read: 16 456.574. (1) There is created in the General Fund of the State Treasury the Housing Agency 17 Revolving Account. All moneys deposited in the account are continuously appropriated for the pur- lS poses of (ORS 456.550 to 456.7201 carrying out the programs which t~e agency is charged with 19 administering, subject to limitations otherwise prescribed by law. 20 (2) There hereby is appropriated to t.he Housing Agency out of -the General Fund in t.he State 21 Treasury the sum of SlOO,OOO, which sum shall be credited to the Housing Agency Revolving Ac- 22 count. Such funds hereby are continuously appropriated for: 23 (a) The making of advances under ORS 456.559 (l)(c) or 456.710; and 24 (b) The use by the agency in t.he payment of expenses incurred by t.he agency in carry~ng out 25 ORS 456.615 to 456.625 and 456.630 to 456.720; however, any such funds expended by the agency 26 under this paragraph shall be repaid by the agency int.o the revolving account from the fees and 27 charges collected under ORS 456.625 (3) and from any other moneys available for such repayment 28 in accordance with ORS 456.615 to 456.625 and 456.630 to 456.720. 29 SECTION 11. This Act being necessary for the immediate preservation of the public peace, 30 health and safety, an emergency is declared to exist, and this Act takes effect July 1, 1991. 31 (5) . - '. . , . .... . . . - . ~ .. '.' -.. ... ... ,;'.: -,. . RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL URGING PASSAGE OF HOUSE BILL 2779, THE "OREGON HOUSING FUND BILL". WHEREAS, the City of Ashland has completed an assessment and report on its affordable housing needs, including methods of implementation; and WHEREAS, affordable housing is a problem of serious concern in the City of Ashland as documented in the above report; and WHEREAS, lack of decent affordable housing has been identified as contributing to a myriad of social problems of concern to our citizens; and WHEREAS, the availability of adequate affordable housing is essential to the development of a diversified economy. NOW THEREFORE BE IT RESOLVED that the Mayor and City Council urge the passage of HB 2779 entitled the "Oregon Housing Fund Bill". The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the day of , 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1991. Catherine M. Golden Mayor