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HomeMy WebLinkAbout1991-0702 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 speak, please rise and after you have been recognized by the Chair, give your name and address. The Chair will then allow 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 length of the aaenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL JULY 20 1991 I. PLEDGE OF ALLEGIANCE: 7:30 P.M. , Civic Center Council Chambers II. ROLL CALL III. APPROVAL OF MINUTES: Regular Meeting of June 18, 1991. IV. CONSENT AGENDA: 1. Minutes of Boards, Commissions & Committees. 2. Departmental Reports. 3. Memo from Councilor Winthrop regarding Pacific Program leadership training. V. PUBLIC HEARINGS: (to conclude by 9: 30 P.M. ) 1. Proposed adoption of the Open Space EleMent of the Ashland Comprehensive Plan. l2. Planning Action No. 91-049. Request for a zone change from R-2 (Multi-family residential) to C-1-D (Downtown commercial) at 80 Hargadine St. (Sharon & Philip Thormahlen, Applicants) VI. UNFINISHED BUSINESS: 1. Appointment of Richard Nichols to the Hospital Board. VII. NEW & MISCELLANEOUS BUSINESS: 1. Memo from Parks & Recreation Commission requesting ordinance closing South Pioneer St. to vehicular traffic. 2. Authorization for Mayor & City Recorder to sign "Memorandum of Understanding" for water resource planning in the Rogue Basin. 3. Appointment of Le Hook to Ashland Historic Commission. VIII. PUBLIC FOR Business from the audience not included on the agenda. (Limited to 15 minutes) IX. ORDINANCES, RESOLUTIONS & CONTRACTS: 1. Second reading by title only of "An Ordinance amending chapter 10.88 of the Ashland Municipal Code relative to sale of tobacco products to minors". �r 2 . Second reading by title only of "An Ordinance authorizing \fl and ordering the improvement of Lori Lane between Hersey Street and Glenn Vista Estates. 3 . Second reading by title only of "An ordinance amending Title 10 of the Ashland Municipal Code relative to public peace, morals and safety". 4 . First reading of an ordinance amending the Municipal Code relative to special vehicle and tour bus permits. e .. 5. Resolution authorizing participation and representation in n \' the Jackson-Josephine Transportation Committee. X. OTHER BUSINESS FROM COUNCIL MEMBERS XI. ADJOURNMENT 1 4 I , 1 MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL JUNE 18, 1991 CALL TO ORDER - Mayor Catherine Golden called the meeting to order and led the Pledge of Allegiance at 7:32 PM on the above date in the Council Chambers. Laws, Williams, Acklin and Arnold were present. Reid and Winthrop were absent. APPROVAL OF MINUTES - The Minutes of the continued regular meeting of June 5th, 1991 were approved as presented. SPECIAL PRESENTATIONS - Jim Olson, Asst. City Engineer and City Surveyor, was presented with a certificate of appreciation for 20 years of dedicated service. Steve Hall thanked Olson for the few year he's had the opportunity to work with Olson and thanked him for All Alsing too who could not be present tonight. Olson just completed testing for certified water rights examiner. SPECIAL AGENDA ITEM - Confirmation of Mayor's appointment of Richard B. Thierolf as interim City Attorney. Arnold moved approval, Acklin seconded, all ayes on voice vote. CONSENT AGENDA - Williams moved passage of the consent agenda and Arnold seconded, all ayes on voice vote. PUBLIC HEARINGS Mayor asked Council to consider looking at Rem #3 first. Laws so moved and Acklin seconded, all ayes on voice vote. Proposed consideration of a revised building moratorium due to inadequate water pressures in area of Strawberry Lane. Thierolf previously discussed the proposed moratorium with Fregonese, Hall, Bashaw, Almquist and the Mayor and researched the law as well as he could. The decision is very likely to be ruled quasi- judicial if a court of appeals ever considered the question, and in light of that, the best procedure would be to treat the notice requirement as falling within the rules for notice of quasi-judicial matters, i.e., individual notice to all affected property owners. This is Type 3 procedure, which also requires that each affected property owner should get noticed. He suggested tabling the public hearing and noticing all affected property owners. Golden asked if the City is liable if we notice all property owners but, due to recent sales, the tax lot list is not up to date and everyone does not get notification.. Fregonese said the City has to have an affidavit that shows'good faith effort to give notice, if they don't receive the notice, it doesn't invalidate the procedure. Almquist said Type 3 requires a 20 day notice and the earliest date we could set the public hearing for would be July 16th. August 6th might be better which already has two public hearings scheduled so far. Acklin asked what they were and Almquist responded another economic element of the comp plan and zone change. Laws suggested postponing the comp plan element of that meeting. Williams said we . Minutes - Regular Meeting - Ashland City Council - June 18, 1991 - P. 1 1 l should consider the philosophical issue, before going to the expense of notifying everyone, we need to decide whether to present a proposal first which may negate the need to set up the moratorium. It could save time and money. Acklin said there are a number of alternatives to consider before going to the general obligation bond option. Laws said it makes sense to ask for the proposal for resolution of the problem to be brought back as soon as possible and at that time we can determine if we need a moratorium, and suggested that today's date be the effective date of the ordinance if we do need a moratorium. Golden asked if it could be done simultaneously. Acklin said that would be appropriate. Hall believed state statutes says we have to be through the second reading on the ordinance of the moratorium before considering the options for solving the moratorium issue. Acklin said considering that, it would not be appropriate to hold simultaneously. Thierolf said there is no law against trying to solve the water problem without first adopting a moratorium. Williams moved to table the action until staff has time to come back with a proposal to solve the problem, Acklin seconded. Arnold said on the question of the moratorium, he has a conflict of interest and will not be voting. The motion carried on voice vote with Arnold abstaining. Planning Action No. 91-082, the proposed adoption of the Economic Element of the Comp Plan. Fregonese said they've been working on the economic element since 1989. CPAC, the Chamber of Commerce, and the Planning Commission has had several work sessions. Both CPAC and the Planning Commission adopted it unanimously. Williams noted on the last page, policy 7, regarding encouraging businesses that do not to use a lot of water. Would we be violating our policy if down the road we decided to build a pipeline to Medford and could allow a business like a cannery? Fregonese said when that condition happens, you could update the plan. It's not set in stone and should be reviewed frequently. The public hearing was opened. Mark Murphy, 492 Lynn St., commented that he could not get the minutes of the last Planning Commission meeting, and so suggested either continuing or consider having one more public hearing on this serious issue. The public needs to be informed how important this is in terms of its ramifications for residential neighborhoods as well as economic zones. He addressed the philosophy of mixed uses, and a copy of his transcript is included in the record: Fregonese said the only thing the minutes say is that the planning commission moved to adopt the plan unanimously. He said the minutes can be added to record within 10 days if Council leaves the record open. Golden commented on the item regarding land for airport uses and explained to Murphy that tie-many businesses need to be located near airports, not just airport hangars. The intent of the airport land is to protect that land for airport uses. Fregonese said mixed uses were debated a lot and Ashland is a mixed use town. He showed slides of mixed uses, i.e., A Street area is a perfect example of mixed uses. Planners are trying to get away from rigid uses. It separates people from their employment and encourages use of the automobile. Fregonese told Council there is nothing that they would be adopting tonight that would change how residential uses are permitted in commercial zones. He reviewed the vacant lands inventory, showed slides and entered a list of slides and the slides into the record. There was no map included in the packet as intended. Golden asked Fregonese to address the concerns of Murphy pertaining to conditional uses of E-1 land, that is, if we allow residential uses on E-1 land, they won't be there when we need it for Minutes - Regular Meeting - Ashland City Council - June 18, 1991 - P. 2 employment uses. Fregonese agreed with Murphy that our current ordinance has served us well. Any future proposal needs to address the balance of commercial and E-1 land. The new plan doesn't change that, the idea is mixed use, not exclusively residential. Murphy said this will drive him and some other people out of the city limits. He said the slides may show vacant land but they don't answer questions as to why that land is not usable. The ad for this public hearing does not let the public know what's really being done to the comp plan. The public hearing was closed. Acklin said original comp plan did include housing that was a possible use in an E-1 zone, the intent being to allow for mixed uses. Acklin moved to adopt the economic element of the comp plan and Williams seconded. Fregonese reminded Council to leave the record open for a period of 10 days to allow the addition of the Planning Commission minutes. Acklin amended her motion, and Williams seconded, the motion carried unanimously on roll call vote. Continuation of hearing on reconsideration of a CUP and site review on remand from LUBA to allow construction at Hospital. Fregonese said the City's first land use mediation has been successful and both parties have agreed to plan which is contained in Plan B. The mediation agreement is included and David Schieber, mediator, is present for any questions. Fregonese said Council can adopt as a CUP but not as a site review. Council has authority to move buildings and change access after approval of the CUP. Staff will come back with separate site review for this process at a Type 1 level. Fregonese noted Item C, two 2-story medical office buildings will be built with each level comprising 2700 square feet, that's each level of each building, a total of 10,800 square feet, noted for the record. It can be confusing as written. Open public hearing. David Schieber, available for questions, thanked Council for allowing the mediation. This was a 2 year dispute where the parties didn't speak to each other for over a year. Golden closed the public hearing. Acklin moved to accept the CUP according to mediation agreement and ask staff to bring back findings supporting the decision, Arnold seconded. The motion carried unanimously on roll call vote. Council thanked Schieber. UNFINISHED BUSINESS - List of Hospital Board members was not included in packet so this item was postponed for two weeks. NEW & MISCELLANEOUS BUSINESS Letter from Gary Schrodt. Almquist read a memo to Mayor and City Council dated June 13th. Schrodt said he doesn't have any water use that's part of production operation other than rest room facilities. He talked about transferring an existing use. The amount of effluent that would be discharged is insignificant. If denied, he has concerns about installing a septic system. He is willing to sign an agreement to be annexed into the City when the City is ready. This was proposed to the county as a conditional use permit which allows the City a say with any further use. His business would be an asset to the City. It's a cottage industry, environmentally sound. Hall ai this is currently being served by a 4" line. Golden asked how many fixturesco� a lin accommodate and Hall said he didn't knoWthe exact amount but Council could direct staff to find out. A 4" line should handle both units. Laws noted the response from the City Attorney was missing. Almquist said it is within Council's discretion. Minutes - Regular Meeting -Ashland City Council - June 18, 1991 - P. 3 Acklin said the agreements predates the ordinance on subject. Williams asked now that we have agreement with Jackson County, does Council still have discretion? Almquist said the City Attorney felt Council had that discretion. Arnold asked if mobile home is a rental and used now. Schrodt said the mobile is a key part of the business and is a dark corner, and he's concerned with theft and break ins. Arnold said if we transferred the agreement from the mobile to the factory lot, that would not meet Schrodt's needs. Schrodt said he would have to go to the county for a septic system for the mobile. He expects to be annexed eventually so it seems like a waste of money. Laws moved to adopt request with conditions suggested by staff, Acklin seconded. Williams clarified that the motion means to transfer the service. Laws said he moved to accept the amendment to the agreement as written by staff, and not go beyond an amendment to the existing agreement. Acklin withdrew her second. She wants both services and not a transfer. Laws withdrew the motion. Hall made a point of clarification, his request was for the transfer of service, not two services. Under our current ordinance, if a building permit or sewer connection is granted after July 1st, Schrodt would have to pay for the dqBmnce in the number of fixture units between S�(� a,and mobile and those in the plant i SECs Acklin said if this were two homes on 4ve- 47LQ_A �—o}�'tha"Counry wo d probably urge'To—be connected to sewer rather than another septic system. Williams moved to accept the second service under the condition that the County will agree to it. Arnold asked if the motion allows service to both the factory and the mobile? Williams said providing the Council agreed. Arnold seconded and asked how could county can prohibit us from doing that? Almquist said the only impediment might be the urban growth boundary agreement. Laws suggested not referring to the county at all but to just make an amendment to our existing agreement to include service to both. Williams withdrew the motion and Arnold the second. Arnold said we need to deal with wording in paragraph 1 on the bottom of page 1 to show that we are amending our agreement to include both mobile home and factory, rather than calling it a transfer. Arnold moved to allow the request, include the language that staff has proposed with the exception that paragraph 1 be amended to allow service to both the mobile home and the factory. Acklin seconded, all ayes on voice vote. PUBLIC FORUM Opened and closed without comment. ORDINANCES. RESOLUTIONS & CONTRACTS Second reading by title only of an ordinance levying taxes for fiscal year 1991- 92. Williams moved to adopt the ordinance and Arnold seconded, the motion carried unanimously on roll call vote (Ord 2635). First reading by title only of an ordinance authorizing and ordering the improvement of Lori Lane. Arnold moved passage to second reading and Williams seconded. The motion carried unanimously on roll call vote. First reading by title only of an ordinance amending Title 10 of the AMC. Acklin moved passage to second reading and Arnold seconded. The motion carried unanimously on roll call vote. Minutes - Regular Meeting - Ashland City Council - June 18, 1991 - P. 4 First reading of an ordinance amending Chapter 10.88 of the AMC relative to tobacco products. Almquist read the ordinance. Williams asked what the significance of the blind section was. Acklin said the ordinances that this was modeled after did not want to discriminate against news and smoke type of businesses operated by blind people. Arnold thought the blind person couldn't see who was buying the cigarettes so would not prohibit from having a vending machine. Williams moved passage to second reading striking (7) on page 1 under Section 2 and (d) and (e) under Section 4 on page 2. Acklin seconded. Laws liked it the way it was. Arnold said the only way to enforce the proposed ordinance is for police to run a sting operation. Arnold doesn't like an ordinance that can only be enforced with this operation. He felt we should prohibit vending machines, except in a few places licensed by OLCC, places only open to employees, and those not accessible to under age 18. Laws partially disagreed with Arnold's philosophy and asked if this ordinance be adapted? Arnold asked Thierolf If we could prohibit vending machines. Thierolf was uncertain but could research and report back. Laws moved to amend motion by striking (b) as well. Williams seconded. All ayes on voice vote. Thierolf said he spoke with Ron Doyle in the audience, who is Sr. Assistant City Attorney for Medford. Doyle said the City has the power to ban vending machines all together. The state legislature may pass this proposed statute, which would render any less restrictive statute moot. The motion to move passage to second reading was passed unanimously on roll call vote. Arnold asked that the ordinance be brought back in amended form for second reading. Resolution authorizing participation in Aetna deferred compensation plan. There has been some dissatisfaction with the existing two compensation plans offered so Finance has sought out proposals and settled on Aetna as a third choice. Almquist read the resolution. Williams moved adoption of resolution and Laws seconded, the motion carried unanimously on roll call vote. Resolution transferring appropriations within funds. Golden said under #5 in the resolution, the $1700 can be removed because no one has put in for overtime. Almquist agreed because there was a miscommunication between Turner and Almquist. Acklin moved to strike #5, continue with the resolution and place this item on the agenda, Williams seconded. The motion carried unanimously on roll call vote. Almquist noted that a memo from Administrator Jim Watson regarding the hospital fund indicated they are asking for an increase in the transfer from $300,000 to $550,000 in order to handle the large additional operational expenses being incurred due to higher utilization of hospital services and in order to be in compliance with state budgetary guidelines. - Laws moved to adopt the resolution with the exception of part 5 and allow the amendment to the Hospital fund, Williams seconded. Almquist read the resolution, the motion carried unanimously on roll call vote. (Reso 91-24) Acklin was interested in discussing the police overtime. Almquist noted that the Mayor had called employees of the PD in for interviews and he felt employees should be paid overtime. Golden said the interviews were not mandatory and employees came on their own accord. She understood that overtime was paid for work similar to work Minutes - Regular Meeting - Ashland City Council - June 18, 1991 - P. 5 I they would do while on duty. Golden said she has interviewed employees in the past and it gives her a chance to meet the employees and gives her an opportunity of the workings of different departments. Acklin referenced a copy of the Mayor's letter that some items for discussion were currently in arbitration. Golden said as soon as it was brought to her attention, it was not discussed. Almquist said there are ground rules with various bargaining units that management is to deal with union only through designated spokespersons regarding matters under collective bargaining. Acklin said at least one employee said topics were discussed. Williams shared Acklin's concerns and feels we could be in violation of unfair labor act. He found it unethical and feels it jeopardizes the city. Golden said items were not discussed after called to her attention. When letter was generated, she didn't realize that arbitration was continuing after a year. Arnold asked City Attorney about overtime pay and Thierolf said yes, employees should get paid for overtime under direction of employer. Arnold sees the expenditure as inappropriate and needs to be addressed. One person (the Mayor) has established a type of city program, an analysis or department interview program, unauthorized. He said unauthorized expenditures must be stopped if such a program is unauthorized. Mayor asked if this meant she could not meet with employees except under approval of Council. Arnold said there is a program where Council meets with employees and their departments. If Mayor wants to organize a formal process, she needs to go through Council. Golden said she talked with department heads first and got their okay. She doesn't feel she needs to come before Council but will schedule interviews during city time in future. Williams felt this action undermined the union agreement. If the Mayor feels departments need investigation, it should be shared with Council. Laws said Golden should look at the way it affects administration as a whole. He doesn't agree that she doesn't have right to interview, investigate or do audit. He was not questioning her legal right, but advises in the process of investigating department activities, to be careful not to undermine the administrative process. It should be done in close cooperation with the City Administrator and the department heads so as not to go around the chain of command. Gordon Medaris, said employees can't have two bosses. The City Administrator is in charge. He would like to see Golden attend to Mayor's duties. Golden said employees are still citizens and have the right to come to the Mayor. She is not telling Almquist or Lively how to run their departments. Laws notes that her letter implies more than getting acquainted. Arnold said action must be taken and moved to instruct the City Administrator to advise all department heads that no additional compensation is to be paid to anyone for participation in this interview process with the Mayor. Further, Almquist should instruct all employees that such requests from the Mayor are not authorized and therefore, the employee is not required to attend, that such interviews are qpmpletely voluntary.lAcklin suggested having a union representative present as well. olden fully suppotts the proposal. Williams secgnded, the motion carried with Laws opposing. lv�orE Sr€�1✓C�-T•6- �.tGl=..vdr �knT�FY --n.aT�or� Resolution determining the necessity for the appropriation of certain land for public use. Almquist said BPA is having difficulty getting approval from SPRR to get onto property to make some further environmental reviews. If we are unsuccessful in doing so, it will be important to have the City pass a resolution initiating condemnation, giving the City the right to go onto property to do environmental reviews. He hopes Minutes - Regular Meeting - Ashland City Council - June 18, 1991 - P. 6 it's not necessary but this is the intent of this resolution. Arnold moved adoption, Williams seconded, all ayes on roll call vote. (Reso 91-25) Resolution amending pay plan for management and confidential employees for fiscal Year 1991-92. Almquist said they have reached settlements are with all bargaining units except for police. These agreements call for an adjustment equal to the March 90-91 CPI-W effective July 90-91. Recommends increasing management and confidential employees be increased by 4.6% effective July 1, 1991 and attached resolution be adopted. Almquist read resolution. Williams moved adoption of resolution, Arnold seconded. Laws asked if there was an amendment to the schedule. Almquist said yes, the Senior Program Director is included. The motion carried with Laws abstaining. (Reso 91.26) Ratification of new 3-year agreement with the Electrical Worker's Union. Almquist read memo to Mayor and Council dated June 4th, 1991. Laws moved to authorize signature, Arnold seconded. The motion carried unanimously on roll call vote. ADJOURNMENT The meeting was adjourned at 10:18 PM. Karen Huckins, Acting Recorder Catherine M. Golden, Mayor Minutes - Regular Meeting - Ashland City Council June 18, 1991 P. 7 l :--k='s" i ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10.88 OF THE ASHLAND MUNICIPAL CODE RELATIVE TO SALE OF TOBACCO PRODUCTS TO MINORS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. A new Section 10.88.015 shall be added to the Ashland Municipal Code and shall read as follows: 10.88 . 015 Tobacco Sales to Minors -- Intent and Purpose. The City Council finds and declares that the health and welfare of the citizens of the City of Ashland are promoted by limiting the availability of cigarettes and tobacco products to children under the age of 18 years, through the means of restricting the location of vending machines dispensing cigarettes or tobacco products. SECTION 2 . A new Section 10.88. 020 shall be added to the Ashland Municipal Code and shall read as follows: 10. 88 . 020 Tobacco Sales to Minors -- Definitions. (1) Accessible to persons under the age of 18 years means, in reference to premises, that no prohibition exists to the entry upon premises, or a discrete portion of premises, by persons who have not attained the age of 18 years. (2) Cigarette has the meaning set out in ORS 323 . 010 (1) . (3) In direct view means that a person in charge of the tobacco vending machine, while at the person's primary work station, can see the facial features of a person who causes the tobacco vending machine to dispense cigarettes or any tobacco product. (4) Primary work station means the place or area where a person spends substantially all of the person' s time while in charge of the tobacco vending machine. (5) Tobacco products has the meaning set out in ORS 323 .500 (9) . (6) Tobacco vending machine means any self-service device offered for public use which, upon insertion of a coin, coins, currency or token, or by other means, dispenses cigarettes or any tobacco product, either in bulk or package, without the necessity of replenishing the device between each vending operation. ` SECTION 4 . A new Section 10.88.025 shall be added to the Ashland Municipal Code and shall read as follows: 10.88 . 025 Tobacco Vending Machines Prohibited (1) Except as provided in subsection (2) , it shall be unlawful: (a) for any person in possession of any premises located within the City of Ashland to place or allow to be placed on said premises any tobacco vending machine, or (b) for any person who owns or controls a tobacco vending machine to place or allow to be placed such tobacco vending machine at premises within the City of Ashland. (2) The prohibitions of subsection (1) shall not apply to premises or to tobacco vending machines on premises that are: (a) licensed by the Oregon Liquor Control Commission for on-premises consumption of alcoholic beverages or as a retail liquor store; (b) not accessible to persons under the age of 18 years; (3) Violation of this section constitutes an infraction. SECTION 5. Section 10.88. 020 of the Ashland Municipal Code is hereby repealed. The foregoing ordinance was first read on the day of 1991, and duly PASSED and ADOPTED this day of 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1991. Catherine M. Golden, Mayor rm\tobacco.ord ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10.88 OF THE ASHLAND MUNICIPAL CODE RELATIVE TO SALE OF TOBACCO PRODUCTS TO MINORS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. A new Section 10.88. 015 shall be added to the Ashland Municipal Code and shall read as follows: 10.88 .015 Tobacco Sales to Minors -- Intent and Purpose. The City Council finds and declares that the health and welfare of the citizens of the City of Ashland are promoted by limiting the availability of cigarettes and tobacco products to children under the age of 18 years, through the means of restricting the location of vending machines, dispensing cigarettes or tobacco products. SECTION 2 . A new Section 10.88. 020 shall be' added to the Ashland Municipal Code and shall read as follows: 10.88 .020 Tobacco Sales to Minors -- Definitions. (1) Accessible to persons under the age of 18 Years means, in reference to premises, that no prohibition exists to the entry upon premises, or a discrete portion of premises, by persons who have not attained the age of 18 years. (2) Cigarette has the meaning set out in ORS 323 . 010(1) . (3) In direct view means that a person in charge of the tobacco vending machine, while at the person's primary work station, can see the facial features of a person who causes the tobacco vending machine to dispense cigarettes or any tobacco product. (4) Primary work station means the place or area where a person spends substantially all of the person's time while in charge of the tobacco vending machine. (5) Tobacco products has the meaning set out in ORS 323 . 500(9) . (6) Tobacco vending machine means any self-service device offered for public use which, upon insertion of a coin, coins, currency or token, or by other means, dispenses cigarettes or any tobacco product, either in bulk or package, without the necessity of replenishing the device between each vending operation. (7) Under control of a person in charge me ns that th tobacco ven 'ng machine is. ( in dire pt vie of, a (b) within 25 fee of, a erson wh owns th toba co vendi g m chine o who ha the ri ht to c ntrol the se f premise were the tobacco ending ma ine i located; an employee of either who is . c arged wit the uty to prevent persons under 18 years of age om obt inin cigarettes or tobacco products from the tobacco vending machine SECTION 4 . A new Section 10.88.025 shall be added to the Ashland Municipal Code and shall read as follows: 10 88 025 Tobacco Vending Machines Prohibited (1). Except as provided in subsection (2) , it shall be unlawful (a) for any person in possession of any premises located within the City of Ashland to place or allow to be placed on said premises any tobacco vending machine, or (b) for any person who owns or controls a tobacco vending machine to place or allow to be placed such tobacco vending machine at premises within the City of Ashland. (2) The prohibitions of subsection (1) shall not apply to premises or to tobacco vending machines on premises that are (a) licensed by the Oregon Liquor Control Commission for on-premises consumption of alcoholic beverages or as a retail liquor store; tamed for e o m loves a� en o o the\p�lic; (6) not accessible to persons under the age of 18 years; (d) unde co s.�o�-gers` -n Cha-r-ge-of the tobacco vend' ma ne; or (�) / fig ecLinly�that-wi�� to a b ind per on, a that term `iiss_ fined in ORS 346. 110 (3) , who ha tra nin skills,' the blind-person to de rminf a p rson obtai g cigaret es or any,,tobac product rom a tobaac�vend-1-ng-machine-is�nderr 18.year of-aged nd which blind person is in control of the tobacco vending machine. (3) Violation of this section constitutes an infraction. SECTION 4 . Section 10.88. 020 of the Ashland Municipal Code is hereby repealed. The foregoing ordinance was first read on the day of 1991, and duly PASSED and ADOPTED this day of 1991. ' Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1991. Catherine M. Golden Mayor