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Home My WebLink About1993-0504 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 agenda AGENDA FOR THE REGULAR MEETINGQ�� ASHLAND CITY COUNCIL *MAY 4, 1993 REVISED* . I . PLEDGE OF ALLEGIANCE: 7 : 30 P.M. , Civic Center Council Chambers II. ROLL CALL III . SPECIAL PRESENTATIONS: 1. Proclamation - "National Drinking Water Week" May 2-8, 1993 . 2 . Proclamation - "National Historic Preservation Week" May 9-15, 1993 . IV. APPROVAL OF MINUTES: Regular Meeting of April 20, 1993 . V. CONSENT AGENDA: 1. Minutes of Boards, Commissions, and Committees. 2 . Departmental Reports - April 1993 . 3 . Confirmation of Mayor's appointments: a. Lyle Smith to Airport Commission for term expiring April 30,1994*.; b. Re-appoint Tim Bewley to Cable Access Commission for term expiring June 30, 1996. C. Re-appoint Suzi Aufderheide to Cable Access Commission for term expiring June 30, 1996. 4 . Quarterly report from SOREDI, for period of January through March, 1993 . 5. City Administrator's Monthly Report for April 1993 . VI . PUBLIC HEARINGS: (Must conclude by 9 : 30 P.M. ) 1. P.A. 93-058 , request for Comprehensive Plan Map change from Single Family Residential to Open Space for 2 . 32 acres surrounding the . 30 acre home site. Assessor's Map #4CA TL 1400 (Bill & Gloria Richey, Applicant) 2 . The proposed implementation of a four percent (4%) tax on �j prepared food and beverages as authorized by the electorate at a special election on March 23 , 1993 . The proposed tax would be used to fund improvements to the Wastewater Treatment Plant including but not limited to wetlands. VII. NEW & MISCELLANEOUS BUSINESS: 1. Discussion of Comprehensive Housing Affordability Strategy report and committee structure for community development block grant funding. 2 . Letter from City and County residents on Clay Street regarding improvement of Clay Street between Hwy. 66 and E. Main Street. (Requested by Susan Reid) 3 . Letter from Douglass Neuman requesting reconsideration of assessment on Ashland Loop Road. 4 . Letter from Michael O'Brien, Daily Tidings, regarding recent work session/retreat of Planning Commission. VIII. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 3 min. per speaker and 15 min. total) IX. ORDINANCES, RESOLUTIONS & CONTRACTS: 1. First reading by title only of "An ordinance amending the Fire Prevention Code, Chapter 15. 28 of the Ashland Municipal Code" . 2. First reading by title only of "An Ordinance amending Sections 15. 04 . 010, 15. 04 . 090, 15 . 04 . 100, 15. 04 . 192 , 15. 16. 200, 15 . 16. 360, 15. 16. 370, and 15. 36 . 010 and repealing Sections 15 .04 . 040 and 15. 04 . 080 of the Ashland Municipal Code relating to building and other specialty codes" . X. OTHER BUSINESS FROM COUNCIL MEMBERS XI . ADJOURNMENT (dAco calag=da) Lea • ue of Ore • V Cit•ie� 9 9 Number 15 April 30, 1993 Committee Introduces Bill .to Suspend 1993-95 State Shared Revenues On Thursday, following several days of hearings on the Department of Human Resources budget,the House Appropriations 'B' Committee took time to introduce a bill that would send nearly all state shared revenues and state revenue sharing, now received by cities and counties, to the state general fund for the 1993-1995 biennium. The bill would affect (1) all state liquor revenues distributed to cities and (2) all cigarette tax revenues distributed to cities. The financial impact of the proposal is a reduction of over$50 million expected from shared liquor revenues and over$11 million expected from shared cigarette taxes. Counties would also stand to lose $25 million; some revenues shared with counties are not affected because those distributions are dedicated passthrough funds from the State Mental Health Alcoholism and Drug Services Account. The bill, HB 3652, has not yet been assigned to a Committee for public hearing. Currently the shared liquor and cigarette funds are distributed to cities without restriction and are budgeted for important local programs. City services which commonly receive the lion's share of state-shared revenues—and ( are, therefore, the most likely to be most heavily impacted by the proposed action—include: police and fire, emergency services, meeting mandates for planning and development activities, government procedure and budget/financial administration and parks. The bill was introduced by the House Appropriations 'B' Committee, chaired by Rep. John Minnis (R-Troutdale). The Appropriations Committee did not object to introduction of the bill. As is common with decisions to introduce a bill, Chair Minnis asked that the Committee not address the substance of the proposal and acknowledged that the members' vote to introduce did not indicate support or opposition. Rep: Minnis further indicated his understanding that a reduction of as much as $100 million to cities and counties would generate controversy. The introduction of the bill occurred just a few days after supportive messages were delivered by Governor Roberts to the 160 participants in City/County Day at the Capitol. The Governor addressed the state financing issues broadly and stated her support for the continua- tion of state shared revenues for local govem- SrDE ments. She referred to the growing need for state/local partnerships to deliver services to Oregon's citizens because of the financial lottery funds for wacer 2 dilemma facing the state and the educational ltansponabon 2'! system. She emphasized the importance of de- leclo8 3< veloping a tax reform proposal that would meet Week m rewew 3 the priority needs of Oregonians. <? BIII spmole[tes S< Public Headngs 7' (continued) Published weekly by the League of Oregon Cities. Subscription Fee: $20.00 Legislative Bill Information: (503) 378-8551; (800) 332-2313 toll free LOC Information Line: (503) 588-6550; (800) 452-0338 toll free; FAX 378-5859 PnM m Act W M1 SECTION 2 . Section 15. 04 . 090 of the Ashland Municipal Code is amended in its entirety to read as follows: 15. 04 . 090 Building Permits Generally. Permits shall be obtained as required by the specialty codes. General contractors shall obtain all permits for a given job at one time. No building permit that would result. in the construction of new structures, or the enlargement or change in use of existing structures shall be issued prior to the presentation of a :' 11$Ttri 11 dip 4-tmen ,.> V A.ca IL to the Building Official' Iiy"the applicant. Such .,.,......,,,...,.,, gf —ge X�er c,at shall be issued by the Planning Director, or a`designee, and shall verify that the contemplated project is in accord with all applicable zoning and planning regulations. It shall also set forth any special conditions to be met by the applicant prior to issuance of a Certificate of Occupancy or any other planning and zoning related conditions to be enforced by the Building Official. The issuance and continued validity of any building permit issued by the City of Ashland shall be contingent on compliance by the applicant with all applicable city, county, state, or other regulations. On properties or in areas designated to be of significant historical value or interest applications for building permits, not requiring review by the Planning Commission pursuant to Title 18 of the Municipal Code, shall be referred to the Ashland Historic Commission for review and recommendations, who shall have a period of time not to exceed seven days to complete such review and recommendations. .......... :20T 11—i'sr.... .. .. . Wit A WHEREAS, water is a basic and essential need of humankind; and WHEREAS, our health, comfort and standard of living depend upon and abundant supply of safe water; and WHEREAS, the City of Ashland, Oregon, believes that citizens should have a safe and dependable supply of water both now and in the future; and AIR- WHEREAS, it is important for citizens to practice water conservation since the supply of water in the Bear Creek ecosystem is limited and subject to periodic drought; and WHEREAS, we are calling upon each citizen to give drinking water a so hand by protecting our source water from pollution, and getting involved. NOW THEREFORE, 1, Catherine Golden, Mayor of the City of Ashland, Oregon, do hereby proclaim May 2 through 8, 1993 as: NATIONAL DRINKING WATER WEEK W. in Ashland and encourage each person to recognize the "Blue Thumb" basics of practice the waste reduction and recycling activities that are so vital to our area's future, its natural resources, and its quality of life. A Dated this 4th day of Ma tirl 1 461 1993. ;L MMP Catherine M. Golden, Mayor —y Nan E. Franklin, City Recorder INAfY gvlk A� Proclamation NATIONAL HISTORIC PRESERVATION WEEK WHEREAS., the historic houses and buildings of Ashland help make our City unique and provide links with aspirations and attainment of the City's pioneers an their descendants; and WHEREAS, these fine examples of 19th and early 20th century buildings contribute to an appreciation of our heritage; and WHEREAS, preservation of these ties with our history helps avoid a sameness that in some communities makes for a feeling of rootlessness and lack of sense of place; and WHEREAS, National Historic Preservation Week provides an opportunity to recognize the value of Ashland's historic resources and encourages their preser- vation for future generations. NOW, THEREFORE, I, Catherine Golden, Mayor of the City of Ashland do hereby proclaim the week of May 9 - 15, 1993 as: "NATIONAL HISTORIC PRESERVATION WEEK" and call upon the people of Ashland to recognize and parti- cipate in this observance. Dated this day of May, 1993 Q� Catherine M. Golden, Mayor N711 vi! Nan E. Franklin, City Recorder plk MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL APRIL 20, 1992 CALL TO ORDER: Mayor Catherine Golden called the meeting to order at 7 : 30 P.M. on the above date in the Council Chambers. Laws, Reid, Hauck, Acklin, Winthrop, and Arnold were present. APPROVAL OF MINUTES: The minutes of the Regular Meeting of April 6, 1993 were accepted as presented. CONSENT AGENDA: Arnold moved to approve same as follows: 1) Minutes of Boards, Commissions & Committees; 2) Departmental Reports - March 1993; 3) Liquor License Requests: a) Paddington Station, 125 E. Main Street. Acklin seconded, all AYES on voice vote. PUBLIC HEARING: Street Improvement L.I.D. X65 Final Assessments (Tolman Creek Road & Ashland Loop Road) . Asst. City Engr. Jim Olson gave a brief history of the project and said the bid came in higher than the original .engineer's estimate and the final cost per front foot is $68. 38 for- commercial and $55. 06 for residential. City Admin. Almquist received letters from the non-profit organizations and said the City Council exempted them from the signal district but not the street improvement district. Tolman Creek Road. The public hearing was opened and Zach Brombacher, 640 Tolman Creek Rd. , reviewed a letter he submitted for the record demanding that Albertson's pay the same per front foot cost as the other commercial properties, and opposing the "break" given to residential properties. Mike O'Brien, President of the YMCA Board, asked that the YMCA be excluded from the district and said their parking lot serves as overflow for city park activities. A letter was read from Estelle Richards, 463 Tolman Creek Rd. , asking about using the street fund to pay for the curb, gutter, and sidewalk, and said her business does not benefit from the improvements. Dennis Cooper, 1983 Crestview Dr. , owner/manager of Tolman Mobile Park, reviewed his letter included in the record, and said the final front foot cost should be reviewed again for accuracy. He does not feel the assessments are equitable. On a question from Reid, City Attorney Nolte said the ordinance now provides that if a bid for the total project comes in more than 10% over the original engineers' estimate, the City must make up difference. There being no further comment from the audience, the public hearing was closed. Olson gave examples of how the original unit price estimates differed from the final costs. Acklin said this information is helpful in understanding the change from the estimated cost to the actual cost. Arnold asked that staff contact Dennis Cooper and answer his questions. Laws noted that the 10% overage is total project cost not individual front footage. Reid said this information should be clarified in the public notice. Ashland Loop Road. Olson said the bid was extremely high and deleted from the City's 1991 Street Improvement Project contract. A single property owner, Doug Neumann, secured a contract and the work was completed. He is requesting that the City pay the overage which is due to the design engineer's error. On a question from Arnold, Olson said the City is not responsible for this error. The public hearing Regular Meeting - Ashland City Council - April 20, 1993 - 1 was opened, and Doug Neumann, 500 Ashland Loop Rd. , requested that the assessment be decreased by $5700. 00, as he assumed the City would oversee the project. On a question from Winthrop, Neumann said the road needed to be improved if he wished to split his property. There being no further comment from the audience, the public hearing was closed. Winthrop said he is satisfied that the complications noted are in line with our policies, and moved to approve the final assessments for L. I.D. No. 65 for street improvements on Tolman Creek Road and Ashland Loop Road. Hauck seconded the motion. Arnold asked about exempting the non-profits from the assessment districts. Reid would like to look at this and disagrees that the Loop Road project only benefits one owner. A resolution was read by title only levying special benefit assessments in the amount of $240, 169.81 (Tolman Creek Road) and $76, 961.71 (Ashland Loop Road) for curbs, gutters, paving and sanitary sewer improvements in Local Improvement District No. 65. The motion passed as follows on roll call vote: Reid, NO; Laws, Hauck, Acklin, Winthrop, and Arnold, YES. (Reso. 93-14) UNFINISHED BUSINESS: Marketplace. Nolte said is has been determined that the city parking lot in question is zoned residential and the Ashland Marketplace will not be able to use it. On a question from Reid, Nolte said he had advised Rich Hansen of this. Rich Hansen, Gold N Gems, said there is an adversarial relationship between the plaza business owners and the city, he felt the wording in the published agenda was misleading, and there should be better communication between business owners and the City Council. Don Sauls, Pucks Donuts, said the parking ordinance is not being consistently enforced. Dave Bobb, American Indian Art Gallery, encouraged the Council to get to know business owners and their needs. Reid asked if the contract between the Parks & Rec. Commission and the Marketplace prohibited the latter from moving in mid-season if they find another location. Nolte will check on this. Golden said the Saturday and Tuesday markets bring more people into the downtown area. Acklin asked staff to confirm that the growers market is in compliance with their permit. Winthrop agreed that communication between business owners and the Council can be improved. NEW & MISCELLANEOUS BUSINESS: Proposed Vehicle Confiscation Ordinance. Winthrop said his request to research such an ordinance is a result of the drunk-driving crash which placed Angela Barber in a coma. He said the City of Gresham impounds uninsured vehicles and has had a .dramatic positive effect. Arnold said it would be helpful to have data which shows the practical affect of such ordinances. Hauck would like to move forward and all agreed. siskiyou Blvd. Bikelane. Arnold reviewed his memo which was included in the record and noted a draft letter to the Oregon Dept. of Transportation expressing the Council's concern about bicycle expressed concern that hedge facilities on Siskiyou Blvd. Reid g plants not be planted in the Boulevard median for vision clearance P P reasons. Acklin asked about other considerations prior to sending the letter, and Almquist said the lights which sit on the left-hand turn pockets will need to be moved. The Council agreed that a bikelane on Siskiyou Blvd. is important to the transportation network, Acklin moved approval of the draft letter, Hauck seconded, all AYES on voice. I Regular Meeting - Ashland City Council - April 20, 1993 - 2 Acklin said many citizens are interested in this issue and should be involved. Winthrop agreed and commended Arnold for initiating action on this issue. Arnold said he is meeting with Mike Anhorn, ODOT, on April 26th at 1: 30 at his office. All interested persons should attend. Mayor's Appointments. Laws moved to confirm the following appointments, Reid seconded, all AYES on voice vote: Airport Commission: Re-appoint Merle Mills; appoint Paul Mace, John Yeamans. Band Board: Re-appoint Marvin Belford, Raoul Maddox, Glenn Matthews, and Dave Wight; appoint David Hoxie, Mike Knox. Bicycle Commission: - Re-appoint Lowell Jones, Keough Noyes. Building Appeals Board: Re- appoint Gary Afseth, Robert Blankholm, Darrell Boldt, Peter Cipes, and William Thomson. Historic Commission: Re-appoint Jim Lewis, H.L. Wood; appoint Nan Hannon. Hospital Board: Re-appoint Dr. Bruce Johnson, Stephen Lunt, Judith Uherbelau. Planning Commission: Re- appoint Jenifer Carr, Brent Thompson. Senior Program Board: . Re- appoint Madeline Hill, Matthew Kocmieroski. Sister City Committee: Re-appoint Frederica Barlaz, Keith Chambers, Jose Ferrer, Ken Jones, Grace Tapp-Kocks, Meredith Reynolds, Susan Rubinyi-Anderson, Sean Van Ausdall; appoint Gloria Thorpe. Street Tree Commission: Re-appoint David Chasmar, Susan Hunt; appoint John McClendon. Traffic Safety Commission: Re-appoint Walter Schraub; appoint Susan Beardsley- Einhorn. Use of Teen Center for Meals for Homeless. Almquist reviewed his memo included in the packet in which he outlined the following conditions for continued use of the center: 1) Due to scheduling conflicts, the meals will be held on Wednesday nights; 2) Marty Bryant to sign an indemnification agreement as prepared by the City Attorney; 3) Council consider whether insurance should be provided; 4) the necessary Health Department permit be maintained; 5) a brief written plan of the operation be provided; 6) the use shall be revoked by the City Administrator if the conditions are not followed or the facility is not properly maintained. Judith Stevens, 369 W. Nevada, encouraged City support of this project. Gary Morrell said there is a real need for this project and ask that the insurance requirement be waived. On a question from Acklin, Hauck said he works with an organization which does extension of insurance coverage and will research this possibility. Acklin moved to accept the Administrator's conditions of approval, and• revisit the issue if insurance is a problem. Reid seconded the motion. Arnold expressed his appreciation to Marty Bryant and the other people working on this who demonstrate "the soul of the community" . He asked about waiving the insurance requirement, Acklin withdrew her motion, and Reid withdrew the second. Arnold moved approval with Almquist's conditions waiving the insurance requirement. Reid seconded. Acklin requested Staff to contact the Parks Commission concerning the insurance requirement. All AYES on voice vote. Planning Director Confirmation of Appointment. A memo was read from Golden recommending the appointment of John McLaughlin as Planning Director. A letter read from Planning Commissioner Jenifer Carr in support of this action, and Golden noted that many other letters were received on behalf of McLaughlin. Reid moved to confirm the Regular Meeting - Ashland City Council - April 20, 1993 - 3 appointment, Hauck seconded, all AYES on voice vote. Public Hearing on 4% Option. A memo was read from the City Administrator recommending that a public hearing be held on May 4 regarding the proposed implementation of the 4% Prepared Food & Beverage tax. Laws so moved, Reid seconded, all AYES voice vote. PUBLIC FORUM: No comment. ORDINANCES, RESOLUTIONS &. CONTRACTS: Brodeur Annexation. . Second reading by title only of an ordinance withdrawing recently annexed property from Jackson County Fire Dist. 5 and zoning it E-1, Employment. Winthrop moved adoption, Arnold seconded, all YES on roll call vote. (Ord. 2708) Repeal Water Moratorium. Second reading by title only of an ordinance repealing Ord. 2252 , the Northwest Ashland Water Moratorium Ordinance. Acklin moved adoption, Hauck seconded, all YES on roll call vote. (Ord. 2709) Levy Assessments - L.I.D. No. 65. Done earlier in meeting. OTHER BUSINESS FROM COUNCIL MEMBERS: Reid asked that a petition from Selma McAlaster, et al be placed on the next Council agenda concerning the improvement of Cldy Street between Highway 66 and E. Main St. Arnold so moved, Reid seconded, all AYES on voice vote. A notice will be sent to those who signed the petition. Acklin expressed concern about funding sources for such a project. Hauck moved to reconsider the vote of April 6 on the second reading of the ordinance which amends the TCI Cablevision contract concerning a PEG access fee and Laws seconded. Arnold said the 2% utility fee will generate more money over a period of time than the 'PEG access fee, due to future increases in TCI program offerings. area started on last time which would provide 2% user tax, better deal for our cable access commission, over period of time will generate more money than PEG access fee, because TCI programs and offerings will increase. Hauck said the cable act gave local governments the right to regulate basic services, but FCC will regulate other services. He also said the FCC will set out an index rate based on competitive rates in parts of the country where cable companies do have competition. Laws feels the non-regulation provision was agreed to in good faith. Hauck said TCI will have to justify an increase which charges more than the index rate. The motion to reconsider the vote of April 6 passed as follows on roll call vote: . Arnold and Hauck, NO; . Acklin moved adoption of the ordinance, Winthrop seconded and the motion passed on roll call vote as follows: Laws, Reid, Acklin, and Winthrop, YES; Arnold and Hauck, NO. . Winthrop noted that the Pacific Program will be held October 2-9 at Inn at Otter Crest. ADJOURNMENT: The meeting adjourned at 11: 00 P.M. Nan E. Franklin Catherine M. Golden City Recorder Mayor (dAminW-20.93) Regular Meeting - Ashland City Council - April 20, 1993 - 4 ASHLAND HISTORIC COMMISSION Minutes March 3, 1993 CALL TO ORDER The meeting was called to order by Vice Chairperson Terry Skibby at 7:38 p.m. Members present were Jim Lewis (who arrived late), Terry Skibby, Le Hook, H.L. Wood, Jean MacKenzie, Keith Chambers and Steve Ennis. Also present were Assistant Planner Kristen Cochran and Secretary Sonja Akerman. Jane Dancer and Dana Johnson were absent. APPROVAL OF MINUTES Hook stated that on Page 7 of the February 3, 1993 minutes, he was not the one to say Barbara Jarvis is concerned about criteria of deciding which alleys should be paved. It was decided the sentence should read "It was added that Barbara Jarvis . . .". (Lewis arrived at this point.) Hook then moved and Skibby seconded to approve the Minutes of the February 3, 1993 meeting as corrected. The motion was unanimously passed. STAFF REPORTS PA 93-035 Conditional Use Permit, Site Review, Solar Waiver and Variance 243 Fourth Street Crissy Barnett Cochran explained that although this application was discussed at the meeting last month, it was called up for a public hearing. The applicant has submitted new information addressing concerns of the neighbors. Ennis questioned Crissy Barnett about using the casement windows. She said this was fine with SHPO and she is planning on using them. The Commission agreed its decision of last month stands, and there was no need to discuss it further. PA 93-020 Conditional Use Permit 261 West Hersey Street Audrey Socher Cochran related the applicant would like to add one unit to her existing B & B, which will be located in the carriage house and bring the number of units up to five. One parking space will be added. A neighbor has raised a variety of issues and the applicant has addressed them all. The Planning Commission will be looking at the parking, as the neighbor has suggested the parking area be moved inward 15 feet. Staff is recommending approval. Skibby questioned Audrey Socher if the alley was paved and she said it was, however,where it comes in from Laurel Street, it is not. Sucher added there will be less impact from this proposal because it was her painting studio and it was used 365 days a year. If approved, the unit will be used 166 days. She noted her property has had an effect on the rest of the neighborhood, as more owners are upgrading their property also. Ennis commented the owners may have to meet new ADA requirements and advised them to check with the Building Official. Skibby moved and MacKenzie seconded to recommend approval of this application with Staff conditions. The motion was unanimously passed. PA 92-048 Conditional Use Permit 119 Third Street Brad Roupp This application is a request to convert an existing structure located on the rear of the property into an office. Also, the owner is proposing to reconstruct the garage. When asked about the alley, Brad Roupp clarified it is paved to "C" Street. The office will be off the alley and the garage will be where the existing one is now. Roupp also explained there are two different roof pitches on the house, and the new construction will match. When Skibby inquired about signage, Roupp said the office probably will not have a sign, especially if he uses it for his own office. If there is a sign, it will most likely be on the building by the entrance door. Skibby said he is concerned about commercial development in the alley, as he does not want the alley turning into a street. Lewis commented the small office space compared with the residential space is a good ratio as far as recent joint study session discussions are concerned. Hook remarked the proposed use of the already paved alley is a good one. Lewis added there is no loss situation because the house will remain a residence. Skibby reiterated his signage concerns and recommended if there is a sign, it be attached to the building. The Commission agreed this is a good example of commercial/residential and would work well with the new proposed criteria. Hook moved to recommend approval of this application with the conditions stated in the staff report, with the addition that any signage be attached to the building. Wood seconded the motion and it passed unanimously. Ashland Historic Commission Minutes April 7, 1993 Page 2 y PA 93-051 Change of Condition 671 Siskiyou Boulevard Nancy Golden/Gregory Freeman One of the conditions previously approved was that the alley be paved. Cochran stated the owners are concerned about the safety of the children who play in the alley because of the heavy traffic. Staff is recommending to defer alley paving for at least a year. The alley was discussed, especially in regard to the apartment building which uses the alley as access. The apartments are mainly rented to college students who use the alley as a street. David Freeman said he wants to have a good relationship with the neighbors and they have all expressed their concern about the alley. He will pursue other alternatives also, such as requesting the doctor's office put up a chain after closing hours. Ennis questioned the agreement people have to sign in favor of improvements. Cochran said it is because of existing policies. The owners will need to sign in favor for the alley. Freeman added if he does have to pave, he will try to get the approval for speed bumps. Cochran remarked there may be an ordinance prohibiting speed bumps in a public way. Hook moved and Skibby seconded to recommend approval of the deferred alley paving. The motion was unanimously passed. PA 93-046 Minor Land Partition 70 Water Street Robert and Ann Clouse Cochran stated this partition is being requested to correct an illegally created lot years ago. After discussing the property, Skibby moved and Hook seconded to recommend approval of this partition to the Planning Commission. The motion passed unanimously. PA 93-057 Transfer of Applicant Calle Guanajuato Ashland Parks Commission/Ken Mickelsen, Director Cochran said permanent approval for Judie Bunch was granted last year for the marketplace. However, the Parks Commission is requesting the responsibility for the Ashland Historic Commission Minutes April 7, 1993 Page 3 operation, and will in turn be leasing it to an individual. Judie was ultimately granted the lease, however, the number of booths allowed has been cut almost in half. Cochran announced that at the City Council meeting the previous night, Judie was given approval to use the adjacent City parking lot plus 24 spaces in the alley. Hook commented there was not enough information on future plans for Calle Guanajuato from the Parks Commission. He did not want to see Judie phased out. Lewis said if Judie felt there would be a problem, he was sure she would have been at the meeting. Also, he said the Parks Department needs to look at the big picture and it makes sense to have the Parks Commission in control. Chambers moved and MacKenzie seconded to recommend approval of this application. The motion passed with all voting aye except Hook, who voted nay. PA 93-047 Minor Land Partition 438 North Main Street John and Cheryl Colwell This application is to partition the property into two lots. Bayberry Inn will be on its own lot, which will be large enough to accommodate the required parking. The mobile home is a non-conforming use in an E-1 zone, but it is existing. There is no minimum lot size because both parcels will remain E-1. Ennis said he would like to encourage the owners to fix up the property with the mobile home. Hook noted that at such time as the property is upgraded, he would like the Commission to have the opportunity to review the plans. Ennis then moved and Hook seconded to recommend approval of this application with the condition that, although it appears that once the partition goes through, the Lori Lane parcel (with the mobile home) will no longer be in the Historic District, if and when a building permit is applied for, the Commission have the opportunity to review the application. The motion was unanimously passed. BUILDING PERMITS Permits reviewed by members of the Historic Commission and issued during the month of March follow: .55 North Main Street Kirk David Remodel 234 Vista Street Sid DeBoer Garage 310 Oak Street Tom Cantwell Laundromat Remodel Ashland Historic Commission Minutes April 7, 1993 Page 4 461 Rock Street Gene & Marilyn Brummett Addition/Remodel 726 Iowa Street Kai Jacobson Garage/Apartment 486 Siskiyou Boulevard Shirley Grega Remodel 35 South Second Street Michael Gibbs Cottage 111 Third Street Thomas Cassel Remodel 298 Hargadine Street Will Carr/Gary Powell Addition 145 Manzanita Street Jay & Carol Lunt Demolish Shed 264 East Main Street KIXX Sign 223 Fifth Street Cooper/Silverman Sign 11 North First Street Canario's Sign 51 North Main Street Black Sheep Signs 91 Oak Street Village Floral Sign 116 Lithia Way Operation Desktop Sign 326 North Main Street Best Way Real Estate Sign 212 East Main Street Mark Antony Sign REVIEW BOARD Following is the schedule (until the next meeting) for the Review Board, which meets every Thursday at least from 3:00 to 3:30 p.m. in the Planning Department: April 8 Skibby, Wood and Lewis April 15 Skibby, Chambers, Lewis and MacKenzie April 22 Skibby, Hook, Lewis and MacKenzie April 29 Skibby, Hook, Wood and Ennis NEW BUSINESS Nomination of 228 "B" Street to National Register The Commission discussed the care that has gone into the restoration of the Pelton House and commended John Ferguson for his work. The community and the Historic Commission put in a great deal of energy into saving the house, thereby recognizing it as an important structure. Skibby moved to recommend approval of this nomination to the National Register of Historic Places. Hook seconded the motion and it was unanimously passed. Ashland Historic Commission Minutes April 7, 1993 Page 5 OLD BUSINESS Statue at Library MacKenzie conveyed the floodlight on the statue has been installed. Also, the Parks Department has reserved two benches to be placed by the statue. The plaque have arrived and Jeffrey Bernard is working on them. Joint Study Session The Historic Commission received a lot of support from the Planning Commission at the last study session in the direction they are headed. The Commission agreed Chambers and Ennis have done a tremendous amount of work and it was greatly appreciated. Cemetery Nominations to National Register No word has been received from the Southern Oregon Historical Society regarding the request for monetary help. Applegate Trail Plaque The letter received by Bill Emerson from Rich Ackerman, Oregon-California Trails Association,was discussed. Skibby will inform Ackerman that if the second paragraph is not changed to at least mention the Rogue Valley and make the placque more applicable to this area, it should not be placed on the Plaza. Chambers and MacKenzie suggested Kay Atwood review the proposed wording before it is finalized. Heritage Landmarks List No update. Granite Street Fountain No update. Alley Committee No update. 128 Wimer Street Commission members will be ranking this house and turning in the sheets at the Review Board this month. It will be voted on at the May 5th meeting, then forwarded to the City Council. Ashland Historic Commission Minutes April 7, 1993 Page 6 National Historic Preservation Week - May 9-15 Skibby said that for his walking tour, he will include the Allen Pavilion and a tour of the cemetery to tie into the Applegate Trail celebration. The brochures will be completed and placed in a couple places soon. Street Scoring Ennis informed the Commission he had written a letter to Steve Hall and received a nice letter in return. Hall stated they will avoid the large spaces on subsequent ones. Dead Indian Road Hook explained a compromise was reached, and the name of the road is being officially changed to Dead Indian Memorial Road. NEW BUSINESS Earthquake Standards Due to the recent earthquake near Portland, Skibby said he felt the Commission should once again talk about earthquake standards, as this area can definitely be affected. He requested it be put on next month's agenda. ADJOURNMENT It was the unanimous decision of the Commission to adjourn the meeting at 10:00 p.m. Ashland Historic Commission Minutes April 7, 1993 Page 7 CITY OF ASHLAND PARKS AND RECREATION COMMISSION REGLIL.AR NIEEr I NG M I TgtJTES March 29, 1993 Vice-Chair Alsing called the meeting to order at 7:00 p.m. at 340 S. Pioneer Street. ATTENDANCE: Present: Al Alsing, Tom Pyle, Teri Coppedge, Wes Reynolds, Ken Mickelsen, Councillor Hauck Absent: Pat Adams I. ADDITIONS OR DELETIONS TO THE AGENDA Vice-Chair Alsing indicated that he would like to place a discussion concerning developing a foundation for parks under New Business. II. APPROVAL OF MINUTES A. Regular Meeting - February 24, 1993 Commissioner Coppedge indicated that the minutes read on the motion to approve the minutes of the January meeting that Commissioner Alsing both moved and seconded the approval. The minutes should read that Commissioner Reynolds made the motion. Commissioner Pyle made a motion to approve the minutes of the February 24, 1993 meeting as corrected. Commissioner Coppedge seconded. The vote was: 4yes - 0 no III. BILLS AND FINANCES A. Approval of previous months disbursements Commissioner Revnolds made a motion to approve the previous month's disbursements as indicated by Payables checks 117461 - 7554 in the amount of $77,267 .27 and Payroll checks #6.040 - 6095 in the amount of $32,529.33. Commissioner Pyle seconded. The vote was: 4 ves - 0 no IV. AUDIENCE PARTICIPATION ON THE AGENDA A. Ashland Gun Club requesting extension of lease Bill Lambe, President of the Ashland Gun Club, was present in the audience to request that the Commission grant an extension of the Gun Club's lease for the Lithia Springs site beyond, March 31, 1998 when it is currently scheduled to expire. He explained that the Gun Club is applying for a grant from the Oregon Department of Fish and Wildlife for improvements to the site such as restroom facilities, improved boundary fencing, and additional concrete work and shelter. The grant requires that the facility remain in use for a minimum of 10 years after the improvements are completed. Because the Gun Club's lease for the site currently expires in five years, the Club is asking that the lease be renewed at this time for an additional 10 to 20 _years so that it can qualify for the grant. Ashland Parks and Recreation Commission Page 2 Regular Meeting - March 29, 1993 Ashland Gun Club lease - continued The Commission reviewed .a memorandum from staff outlining the history of the Gun Club's sub-lease of the property from the Commission which has a lease from the City which also expires in March of 1998. After some general discussion concerning the proposed improvements which the Gun Club would like to make, Commissioner Pyle inquired of Director Mickelsen why the Commission leases the land from the City and then sub-leases to the Gun Club. Director Mickelsen said that it was his understanding that back in 1.968 when the City first leased the property to the Commission that the reasoning was. that the Commission could administer the land for "recreational" purposes. As to why it was not dedicated as park land, he believed that the City chose to keep ownership of the property because that is the location of the Lithia springs. Commissioner Alsing inquired as to how much park staff time is involved with administering the site. Director Mickelsen responded that perhaps once a year staff will go to the site tq look it over but that the Gun Club has been very responsible in taking care of the area. Commissioner Alsing said he had one concern and that was that if there was -going to be any building done on the site that it probably should be approved by the City and not the Commission since the City is the actual owner of the site. Commissioner Reynolds indicated. that he was not very familiar with the site and felt that he needed to become more familiar prior to acting on the request. General consensus among the Commissioners was that before they acted on the request that they would like to tour the site. Mr. Lambe indicated that he would be happy to show the Commissioners the facility at any time indicating that on April 13th the Club would be holding an open house. The Commissioners decided to meet with Mr. Lambe on the site at 4:00 p.m. that day. MOTION Commenting on the need to proceed in a timely manner, Commissioner Reynolds made a motion to request a discussion of the Lithia. Springs site lease agreement be placed on the City Council agenda. Commissioner Coppedge seconded. Commissioner Pyle indicated that he would like to find out whether or not the Council wanted to continue this leasing arrangement with the Commission and, if so, why. Commissioner Reynolds said that since the Commission could not extend the sub-lease agreement with the Gun Club without the City also extending the lease with the Commission that it made sense to get on the Council 's agenda to discuss the topic. The vote was: 4 yes - 0 no Ashland Parks and Recreation Commission Page 3 Regular Meeting - March 29, 1993 VI. OLD BUSINESS A. Marketplace - Calle Guanaivato Director Mickelsen indicated that Mr. Millus was in the audience and understood that he would like to speak to the Commission. Mr. Millus, the individual whose proposal to operate the marketplace on Calle Guanajuato was selected by the Commission at the previous meeting, indicated to the Commissioners that he felt that they deserved a personal explanation as to why he had withdrawn his proposal. Mr. Millus said that although department staff had been very cooperative in working with him that the agreement which he had been asked to sign was very "open ended" meaning that under the agreement the Commission or Department could add so called "addendums" and make changes from week to week. He also said that from the time he was awarded the bid until the time he made known his decision to decline the contract that he had received a "rashing out from the crafters" indicating that he and his wife had been receiving harassing telephone calls into the late night hours. He said that it was strictly his decision to pull out, that he and his wife decided it just was not for them, and that he appreciated the Commission's consideration in the matter. Stan Dew (273 Steinman Drive), a crafter, said that he had participated in the Marketplace when operated by Judie Bunch and he did not understand why "people would change horses in mid-stream" when everything was operating alright anyway. Considering the Millus' decision to reject the three-year contract for operation of a the marketplace on Calle Guanajuato, the Commission discussed its options in choosing a marketplace operator. In considering how to proceed, the Commissioners generally felt that in order for the marketplace to begin operation in May this year, that the marketplace operator needed to be chosen as soon as possible.. Commissioner Pyle inquired about a portion of a staff memorandum referring to an "artisan's co-op". Director Mi.ckel.sen indicated that he had been contacted by a group of crafters who had expressed interest in developing a non-profit organization composed of crafters who might organize with the purpose of running the marketplace. Jim Young (1102 Holton Road, Talent) , a crafter, was present in the audience. He indicated that a group of crafters had met to discuss the possibility of establishing a "co-op" which might run the marketplace . on Calle Guanajuato. He indicated that, from the crafters ' point of view, that perhaps this kind of organization could give the marketplace more stability in that the Commission might be willing to contract with a non-profit organization for longer than three years. He said that Ashland Parks and Recreation Commission Page 4 Regular Meeting - March 29, 1993 Marketplace on Calle - continued the Portland and Eugene marketplaces operated successfully as a non- profit without the upheaval of perhaps changing managers every one to three years. He also indicated that, even if the crafters chose to develop this kind of organization, he did not believe that there would be sufficient time this year for the group to become the marketplace operator. Commissioner Pyle inquired as to the thinking of the other two persons who had submitted proposals. Jerry Bunch, speaking for Judie Bunch, indicated that after running the marketplace for seven years she considers it her own business and that the Commission has taken that away. She cannot understand why this would be done when it was running smoothly and was in good shape financially. He said that he did not believe that a co-op would be an efficient way to run the marketplace because all decisions would have to be taken to committee whereas a sole proprietor can make their own decisions. Tom and Marsha Wilson, past editors of the Crafts Advocate, said that they were present in the audience on behalf of the Cuffney's who could not be there because of a family emergency. Mr. Wilson said that he personally for a long time felt that the marketplace operation on Calle should be a co-op but that he no longer felt that way. He did not believe a co-op would work because the size of the operation on Calle could not afford the overhead of a co-op run organization. He said that he was also surprised that the Commission had found no difference in the three proposals submitted stating that the Cuffney's proposal_ was far superior in his opinion: that the Cuffney's proposal included the concept of allowing the crafters to revolve with spaces whereas Judie Bunch's operation was more like a private club. He said that if the Commission was primarily interested in generating revenue that the Cuffney's 3% would generate more revenue that the Millus ' 5% in that it would be much better run. Bringing the topic to discussion among the Commissioners, Vice-Chair Alsing inquired as to whether or not the Commission chose to make some kind of decision at this meeting or to re-bid the proposals. He said that if the Commission chose to re-bid the proposals, he felt that a formula for weighting the criteria for selection of an operator should be used. Commissioner Pyle agreed with the concept of having the Commission weight the different criteria so that the Commission would have a better method for selection among the proposals . He also said that he was concerned about the length of time it would take to re-bid and still have the marketplace operating in a timely manner. Vice-Chair Alsing .inquired of staff how long it would take to re-bid proposals and bring the results .back to the Commission. Director Mickelsen said that it could be done by the next Regular Meeting at the end of April. Vice-Chair Alsing suggested that because of the timeliness of needing a decision that the Commission could consider Ashland Parks and Recreation Commission Page 5 Regular Meeting - March 29, 1993 Marketplace on Calle - continued rejecting the current proposals and offering a contract to Ms. Bunch for one year only. Commissioner Coppedge said that she felt that the Commission should go back to the original bids and did not feel that the Commission should select another option without opening the process up to the public again. Several comments from the audience indicated that the crafters felt that beginning marketplace operations in a timely manner this year was important. MOTION Commissioner Pyle made a motion to reject the other two proposals submitted for the three year contract, to offer Judie Bunch a one year contract based on this years guidelines set forth by the Commission and Ms. Bunch's proposal based on a fee of 2% on the gross income generated from sales, and to have the Commission continue to study process for selecting a marketplace operator/promoter in the future. Commissioner Reynolds seconded. In discussion, Commissioner Pyle indicated that he believed that offering Ms. Bunch the operation of the marketplace for this year would be the most expedient means of allowing the marketplace get going this year. The vote was: 3 ves - 1 no (Coppedge) B. Review bids for equipment and forestry work Having reviewed the bids r6ceived for several items, Commissioners made the following motions': For the playground equipment bid, Director Mickelsen said that the low bidder, Miracle Recreation Equipment Company, had not met specifications for the equipment. . He recommended that the Commission accept the bid from the second bidder. MOTION Commissioner Coppedge made a motion to accept the bid from Park and Playground Products without the spiral sli.de .for a total bid price of $ 6,268. Commissioner Pyle seconded. The vote was: 4 ves - 0 no MOTION Commissioner Reynolds made a motion to award the bid to construct a shaded fuel brake to Grayback Forestry Contracting, Inc , in the amount of $11,817 .50. Commissioner Pyle seconded . The vote was: 4 yes - 0 no MOTION Commissioner Pyle made a motion to accept the bid for a dump truck bed unit from Advanced Truck Body and Equipment Company for the total bid price of $3,984.50. Commissioner Reynolds seconded. The vote was: 4 ves - 0 no MOTION Commissioner Coppedge made a motion to accept the bid for a tractor- drawn aerator from Farwest Equipment Company for a total bid price of $ 3,995. Commissioner Reynolds seconded. The vote was: 4 yes - 0 no Ashland Parks and Recreation -Commission Page 6 Regular Meeting - March 29, 1993 OLD BUSINESS - continued C. Approval of deed for Railroad Park The Commission having reviewed a memorandum from the City Attorney regarding the Preliminary Title and Bargain and Sale Deed for the Railroad Park, Commissioner Reynolds questioned whether or not it would be worthwhile for the Commission to "dig up" or move some of the debris on the site and have DEQ investigate whatever may be hidden by these objects prior to accepting the deed. He said that as he reads the memorandum from Mr. Nolte that DEQ had advised SP that SP is riot required to perform any further cleanup but that that does not necessarily mean that DEQ would not require any further cleanup at any time -- perhaps at City expense. He said that perhaps the City would like a little more certainty that we will not run into any problems before taking title. MOTION Commissioner Reynolds made a motion to recommend to the City Council to proceed with efforts to obtain title to the Railroad Park site with a further recommendation to proceed with caution encouraging the Council to determine whether or not the City could obtain additional certainty that there are no hazards on the property. Commissioner Coppedge seconded. The vote was: 4 ves - 0 no VII. NEW BUSINESS A. Park Patrol staffing The Commission reviewed a memorandum from staff which outlined the proposal to create a Central Area Patrol Officer within the Ashland Police Department who would be assigned to organize and supervise the Park Patrol , assist in patrolling Lithia Park four to five months out of the year, and, on a year-round basis assist in particular park related law enforcement problems. Director Mickelsen indicated that the Commission had allocated the fund to support half of this police department position in the upcoming 1993-94 budget. Lieutenant Mel Clements was present in the audience to answer questions regarding this new position if approved. Commissioner Pyle indicated that the Parks Department would be paying for 50% of the officer's time when the officer would not be spending 50% of his/her time on park business since the officer would also be patrolling part of the downtown area and only actually working in the parks four to five months of the year. Director Mickelsen said that even though the time was not allocated 50/.50 that, in staff 's opinion, Parks would be receiving 50% of the value of the officer's time because that officer would be responsible for organizing, hiring, and coordinating park patrol as well as being the officer particularly responsible for learning about and dealing with specific park related issues on a year-round basis. Lieutenant Clements said that during the Ashland Parks and Recreation Commission Page 7 Regular Meeting - March 29, 1993 Park Patrol Officer - continued four to five months that the officer would be assigned to the CAP area that 50% of that time, five days a week, would be spent patrolling Lithia Park or the outer parks as well as supervising the Park Patrol. On the CAP officers day off, another police officer would be assigned to the area so that Parks would actually receive the coverage seven days a week. He added that in recent years the Park Patrol has just been an added burden to the patrol sergeant who did not really have adequate time to train and supervise. Developing and training Park Patrol would be a primary function of the CAP officer. Commissioner Alsing expressed the same concern as Commissioner Pyle as to the percent of coverage parks would be receiving. Commissioner Pyle said it that even if the officer was spending 509 of his time in Lithia Park during the summer that the trade off was that the other 509 would be spent downtown rather than in the outer parks. Lieutenant Clements explained that the officer would focus his/her time where needed. If, because of Park Patrol coverage, it was more important for the officer to shift some time to the new Garfield Park or Hunter Park, the officer would do so. He said, however, that the downtown foot patrol officer has been very important to the Police Department in that many of the problems which are associated with the front of Lithia Park are also on the plaza and in the shop areas at the core of downtown. One officer familiar with the entire area would be most effective in working with the problem as a whole . Commissioner Reynolds said that with the addition of new parks into the system that Perhaps the Commission will need to address additional coverage throughout the parks system at some point in time. Lieutenant Clements said that in his opinion this could possibly be the first step towards a full-time officer devoted to parks. MOTION After some further discussion of particulars, Commissioner Reynolds made a motion to accept the proposal for funding the CAP officer as presented. Commissioner Coppedge seconded. Commissioner Pyle said that he had a philosophical problem with having the Parks Department pay for police protection. It seemed to him that the citizens should pay for this through a police levy rather than with the parks levy. The vote was: 3 yes - 1 no (Pyle) B. Creating a foundation for parks Commissioner Alsing said that he was interested in pursuing the concept of creating a foundation for the parks system. He said that he would like to investigate the particulars of how such a foundation could be set up and asked the Commission's approval to proceed. The other Commissioners indicated that they would have no problem with Commissioner Alsing investigating the how-toys of creating such a foundation. Ashland Parks and Recreation Commission Page 8 Regular Meeting - March 29, 1993 VIII. CORRESPONDENCE, COMMUNICATIONS, DIRECTOR'S REPORT A. Use of parks for promotional activities Director Mickelsen reported that recently the department had received three requests to use Lithia Park for promotional advertising photo shoots. One from a local business, one from a Korean airlines, and one from Eddie Bauer for their catalogue. Commission policy has consistently been that no commercial ventures will be allowed in Lithia Park. Considering the recent level of interest, staff inquired as to whether or not the Commission would like to re-evaluate current policy. Strong consensus among the Commissioners was to adhere to current policy which prohibits using Lithia Park for promotional/commercial activities indicating that they wanted to keep the park available to the general public for use with such interference. However, the Commission did indicate that if staff would like to investigate the concept of a policy whereby portions of the park could be used for promotional activities which could generate income for the department without impacting greatly on the use of the park by the general public that staff could do so. B. Report on trucks from Safety Committee Director Mickelsen reported to the Commission that the Safety Committee had brought to the department's attention the fact that the department owns two Chevrolet trucks which have the gas tanks mounted outside the frame and which have made the news of late as to their possible hazard upon collision. Although no official recall of the vehicles has occurred, the Safety Committee has reported that some members of the staff have expressed concern about using the vehicles. He said that the 1973 Chevy is scheduled for replacement in the 1993-94 budget. The 1986 1/2 ton truck is not currently scheduled for replacement. MOT10N After some discussion, Commissioner Coppedge made a motion requesting staff to replace the 1973 truck promptly after the first of the fiscal year and to sell or trade in the 1986 truck and purchase another vehicle of approximately the same year or slightly newer. Commissioner Pyle seconded. The vote was: 4 ves - 0 no C. Letter from Tavler Foundation Board Director Mickelsen advised the Commission that he had received a letter from the Fred Tayler Foundation Board regarding the Reservoir Area Project which indicated that in the future the board wanted all work completed on a project prior to applying for Tavler funds. IX. ITEMS FROM COMMISSIONERS Commissioner Reynolds indicated that he would .like to have a study session scheduled so that Commissioners and staff would have the opportunity to discuss some general ideas for future planning for the parks system. The other Commissioners concurred that this would be appropriate. Commissioner Revnolds also expressed concern that the Ashland Parks and Recreation Commission Page 9 Regular Meeting - March 29, 1993 ITEMS FROM COMMISSIONERS - continued Commission keep in touch with the wetlands issue but said that at this point in time he did not believe he had the time to do so. Commissioner Coppedge said that she would like to keep in touch with that issue. In general discussion, the Commission also decided to try to contact Jim Davis, the creator of Garfield. the Cat, to determine whether or not it would be feasible to have a likeness of Garfield placed at Garfield Park. Commissioner Pyle indicated that he would draft a letter to the appropriate party. Commissioner Pyle advised the Commission that at the June meeting he would be turning in his resignation indicating that he would not be able to complete his term of office because of taking a sabbatical leave which would keep him out of Ashland for some time. He said that his last meeting would be in July. X. NEXT MONTHS AGENDA The Commission scheduled a Study Session for Wednesday, April 14, 1993 at 7:00 p.m. and the next Regular Meeting for Tuesday, April 27', 1993. XI. ADJOURNMENT With no further business, Vice-Chair Alsing adjourned the meeting. Respectfully submitted, Ann Benedict, Management Assistant Ashland Parks and Recreation Department I:\MINUTES\MARCH.93 Agenda Item VI.A.1 April 28, 1993 MINUTES ROGUE VALLEY COUNCIL OF GOVERNMENTS Central Point City Hall March 24, 1993 I. CALL TO ORDER/ATTENDANCE The meeting was called to order at 12:00 noon by Chair Sue Kupillas. Attendance was as follows and constituted a quorum: Members Present Members Absent Sue Kupillas, Chair Rob Winthrop James Sullivan Alvin Thompson Walt Barker Phil Rivers Jim Lewis Jan Fish John Hallett Margaret Bradford Don Russell Ed Lunsford Fred Borngasser Willie Wassum Mike Sweeny Associate Member Miles Hill Lu Anthony Linda Town Staff Present Others Present Don Bruland Don Burt Lois Langlois Annabelle Lunsford •Marc Prevost Steve DeKorte Mark Sawyer Rebecca Reid Gary Shaff John Anderson Kevin Wallace Berta Varble Tina McCollum II. INTRODUCTIONS Sue introduced John Hallett, alternate member for Mel Winkelman from the City of Medford. III. COMMENTS FROM MEMBERS/PUBLIC There were no comments. IV. EXECUTIVE SESSION- Executive Director Selection The meeting went into Executive Session, and those present other than voting members and staff were excused. The meeting reconvened in open session and those excused returned to the meeting. Mike moved to approve hiring Mary DeLaMare-Schaefer and the items submitted for contract negotiation. Willie seconded the motion, which was carried unanimously. V. BOARD DISCUSSION There were no other topics under this item. VI. ACTION ITEMS A. Consent Calendar John Hallett asked that the Minutes (item 1) be removed from the Consent Calendar, since he was not present at that meeting and wanted to abstain. Fred moved approval of the Consent Calendar as amended, consisting of the following items: 1. Legal Assistance Concept Statement 2. Legal Assistance Request for Proposal Evaluation Committee 3. Nme-Month Execution of In-Home Service Contract 4. Nutrition Program Per-Meal Payments 5. Appointment of New Member to Senior Program Advisory Council 6. Appointment of New Members to Retirement Committee Jim Lewis seconded the motion, which was carried unanimously. Ed moved to approve the Minutes of the February 24, 1993 RVCOG Board meeting. Jim Lewis seconded the motion, which was carried with John Hallett and Jim Sullivan abstaining. VII. ILLINOIS BASIN PROJECT UPDATE Marc Prevost introduced Mark Sawyer, recently employed by RVCOG as the Water Resources Specialist who will be working in the Illinois Basin. Marc explained there is some controversy in the coordinating committee on the Illinois Basin Project and that RVCOG is trying to interface and help them resolve their disagreement. Marc explained the planning and coordinating efforts under way there. He said 200 volunteers have recently planted 27,000 trees along the riparian zone. Marc said he had facilitated a meeting among state and federal agencies to present their intention to enforce existing laws regarding diversion structures. There.were about 60 members from the public present to express their concerns and give input to the agencies. Sue said this has been a volatile process in trying to get everyone involved, and water issues are life and death issues to many people. She praised Marc for his efforts to bring everyone together and address all aspects of the issues. She said Marc's job in the future will be to oversee watershed issues in the basin. Marc introduced Steve DeKorte, the former Public Works Director at Jacksonville, who is now a student at SOSC. He is on the scholarship program RVCOG initiated and is doing our water sampling. Marc said Steve represents our first step in formalizing a relationship with SOSC; this was a competitive scholarship. The student receives college credit for doing the sampling rather than being an RVCOG employee. Sue said Marc needs a hammer of authority and the Board's knowledge and backing in the Illinois Basin. If the people involved there won't follow an inclusive process and someone tries to take over, we must not continue the process. She said Marc must be able to say RVCOG will not put resources into the project if people will not follow the process. She said we have had extraordinary problems. Fred said this does not need to be said as a 4hreat, but we do need to make it known as a fact. VIII. SPECIAL PRESENTATION - POPULATION TRENDS Don introduced a panel consisting Rebecca Reid from Southern Oregon Regional Services Institute,John Anderson, Economist, from the State Employment Office,and Gary Shaff, Transportation Coordinator from RVCOG. The panel discussed population trends in the southern Oregon region. IX. PROGRAM REPORTS Don discussed advocacy efforts and coalition building for human services that staff has been working on. He said we are addressing groups and making presentations and he offered to provide that service to any member jurisdiction interested or to groups that individual RVCOG Board members may belong to. Marc said we have contracted with Soil and Water Conservation District for $4,500 of work, which will carry our water budget full time through the fiscal year. Discussion followed concerning various activities in the water resources area. X. ADJOURNMENT There being no further business to come before the meeting, it was adjourned. Minutes prepared by Tina McCollum, Administrative Secretary ASHLAND COMMUNITY HOSPITAL BOARD OF TRUSTEES March 23, 1993 The regular monthly meeting of the Board of Trustees of Ashland Community Hospital was held on Tuesday, March 23, 1993, in the conference room. PRESENT: Steve Lunt, Judy Uherbelau, Bruce Johnson, M.D.; Dick Nichols, Frank Billovits, Madeline Hill and Mary O'Kief, Trustees Also Present: Patty Adams, Foundation President; James R. Watson, Administration; Polly Arnold, Director of Patient Services; Mike McGraw, Controller; Peggy Cockrell, Director of Personnel; Pat Flannery, Director of Development; and Glenda Cole, Administrative Assistant. Absent: Tom Reid, Mary Ellen Fleeger, Trustees; Pat Acklin, City Council Representative; and Clifford A. Hites, Medical Staff Representative. I. CALL TO ORDER Mr. Lunt called the meeting to order at 12:15 and introduced everyone. II. MINUTES A. Board of Trustees: Mr. Lunt called for a review of the minutes of the February 23, 1993, meeting. Following review, Dr. Johnson made the motion to approve the minutes as circulated. Ms. O'Kief seconded the motion and the motion carried. III. COMMITTEE REPORTS A. Board, Strategic Planning, & Marketing Retreat: Mr. Lunt asked for feedback on the retreat. It was the consensus that the meeting was very beneficial and informative. B. Joint Advisory Committee: Mr. Lunt stated that this meeting was . very interesting and informative. He stated that the Trustees are able to ask questions and learn more about the quality assurance process. IV. DECISION ITEMS A. Strategic Planning: Mr. Lunt asked if there was enough business to.have a Strategic Planning meeting scheduled for Friday, April 2nd. Following discussion, it was determined that no meeting was necessary this quarter. B. Funding Concept for Profession Office: Mr. Watson reviewed in - detail the funding concept for the medical office building in Talent. There was a lengthy discussion with many questions.. Ms. Hill made the motion to authorize the CEO to work with the Foundation to research this concept further. Ms. O'Kief seconded the motion and the motion carried. Following this discussion, it was the consensus that a special board meeting to have the Foundation make a presentation was necessary. It was requested that Paul Nolte, City Attorney, be invited to this meeting. This meeting will be scheduled as soon as possible. Board of Trustees March 23; 1993 Page 2 C. Ashland Healthcare Enhancement Corp. : Mr. Watson reviewed the proposed corporation and what it will do for the physicians and the hospital. Following lengthy discussion, Mr. Nichols made the motion to acknowledge the receipt of the documents and approve the Articles of Incorporation and the funding of this corporation. Mr. Billovits seconded the motion and the motion carried. D. February Expenditures: Mr. Lunt reviewed the expenditures for the month of February, 1993. Following review, Mr. Billovits made the motion to approve the expenditures as presented. Ms. Hill seconded the motion and the motion carried. V. DISCUSSION ITEMS A. Auxiliary Spring Fling: Mr. Watson reminded everyone of the Auxiliary's annual Spring Fling scheduled for Saturday, April 3rd. Mr. Lunt encouraged everyone to attend. B. City Budget Meeting: Mr. Watson stated that he and Mr. McGraw will be presenting the hospital budget to the City on Thursday, April 15th. C. Foundation Retreat: Mr. Watson stated that the Foundation will be having a retreat on Saturday, April 17th. Mr. Flannery reported that the retreat has been rescheduled to May 8th. D. Ethics Group Update: Mr. Watson stated that we are going to educate the medical staff and hospital staff on Ethics Committees. We are scheduling a speaker to give a presentation in May or June. E. Board Appointments: Mr. Lunt stated that Mayor Golden has told him that she will be reappointing the Trustees (Lunt, Johnson, and Uherbelau). VI. QUALITY ASSURANCE Mr. Watson stated that the Quality Assurance Committee met on March 2, 1993, and that all issues are being handled appropriately. The Joint Advisory Committee met on March 19, 1993, to receive and discuss the quarterly quality assurance reports. VII. ADMINISTRATOR'S REPORT A. Nursing: Ms. Arnold stated that she will be giving monthly updates on letters of acknowledgements. This past month we received 13 letters, 11 with individual names, 10 mentioned our care, and 2 letters from families who had a relative expire here. She read one letter of appreciation. B. Financial: Mr. McGraw reviewed in detail the Statement of Revenues & Expenses, the Balance .Sheet, the Budget Expense Summary, and. the Operating Statistics for the month of February. He stated that the Revenues over Expenses was approximately $46,000; cash on hand of approximately $3.1 million, and approximately $438,000 in the building & construction fund. Mr. McGraw stated that we lost our appeal with Medicare and have $112,000 in paybacks. He stated that we will file another appeal. Board of Trustees March 23, 1993 Page 3 C. Personnel\Marketing: Ms. Cockrell stated that we are recruiting for a night lab tech and business office staff. We are sponsoring a medical Spanish class for employees. We will also begin to perform PPD testing on an annual basis. National Hospital Week is May 9th thru 15th and we will be sponsoring some special activities during this week. We are looking at times to have an Open House for our Birth Center this spring and the annual sports physicals for highschool students will be held on a weekend. Ms. Cockrell was commended for the excellent tabloid she produced. D. Foundation: Mr. Flannery stated that the Patrons campaign has started and calls will be made to Patrons to seek their continued support. A fund raising golf tournament has been scheduled for July 23rd at Oak Knoll Golf Course. He stated that the Foundation is still negotiating with Holiday Retirement regarding the Schneider property. Mr. Flannery stated that the Foundation is going to expand the size of the board and they are recruiting 15 new members. The tenure will be 3 years on the board and at least 1 year off. The May 8th retreat -will be for goal setting. IX. CORRESPONDENCE TO THE BOARD A. Mr. Watson distributed copies of a letter to the Tidings from John W. Nicholson regarding grants to the Ashland Community Health Clinic. Following discussion, it was felt that we should not respond to this letter. B. Mr. Lunt stated that the Joint Commission will be performing unscheduled surveys on 5% of their accredited hospitals beginning July lst. X. ADJOURN There being no further business, the meeting was adjourned at 205 pm. Respectfully submitted: Richard A. Nichols, APPROVED: Secretary Stephen B. Lunt, Chairman Monthly Building Activity Report: 02/93 Page 1 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Building: ACCESSORY UNIT 1 37, 735 ADDITION 233 , 633 DECK 3,500 DOOR 2 ,500 EXCAVATION 0 FENCE 13,320 GARAGE 19,001 GFAU & A/C 1 4, 100 INTERIOR REMODEL 6, 000 MOBILE HOME INSTALLATION 36,200 REMODEL 35,241- REMODEL & ADDITION 194,400 - REPAIR 200 REPAIR FIRE DAMAGE 3 , 500 REVIS ORIGINAL PLANS 33 , 666 SPECIAL INSPECTION 0 Subtotal: $ 622,996 Electrical: 1 BRANCH CIRCUIT 1,830 2 BRANCH CIRCUITS 300 4 BRANCH CIRCUITS 500 REWIRE HOUSE 1, 000 SERVICE 3,400 SERVICE & 2 BRANCH CIRC 900 TEMP POWER 50 Subtotal: $ 7,980 Mechanical: 2 GAS FIREPLACES 1 1, 500 GAS DRYER, GAS LINE 1 40 GAS FURNACE AND A/C 2 12 , 142 GAS LINE/DRYER 100 GAS WALL HEATER 1 750 GFAU + 1 BR CIR 1 2, 000 GFAU AND A/C 1 2 ,500 GFAU VENT 5 10,515 Subtotal: $ 29,547 Plumbing: IRRIGATION 2, 200 Monthly Building Activity Report: 02/93 Page 2 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Plumbing: SEWER AND WATER 400 SEWER LINE 325 WATER HEATER 400 Subtotal: $ 3, 325 ***Total:. $ 663,848 COMMERCIAL: Building: ADDITION 2 74,000- INTERIOR REMODEL 2,833 - REMODEL 120,551 Subtotal: $ 197,384 Electrical: 1 BRANCH CIRCUIT 395 1 BRANCH CIRCUIT/BALLASTS 6,599 2 BRANCH CIRCUITS 400 CHANGE BALLASTS 4,860 SERVICE & 1 BR CIRCUIT 800 SERVICE + 9 BR CIR 2 ,500 SERVICE CHANGE 685 TEMP SERVICE 150 Subtotal: $ 16,389 Mechanical: HEAT PUMP 7 ,000 Subtotal: $ 7,000 ***Total: $ 220,773 Monthly Building Activity Report: 02/93 Page 3 Total this month: 88 $ 884,621 Total this month last year: 64 $ 731,549 Total year to date: 765 $10, 928,597 Total last year: 759 $20, 134,441 This month This month This year last year Total-,Fees: 15,380 11, 383 148,444 Total Inspections: 499 457 3935 NEW CONSTRUCTION: 2/93 RESIDENTIAL PAGE NO. 1 04/21/93 ADDRESS #UNITS CONTRACTOR VALUATION ** ACCESSORY UNIT 244 WALKER AV OWNER 37735. 00 . ** Subtotal ** 37735.00 ** MOBI,LE HOME INSTALLATION 61 MOUNTAIN AV N JONES, RAY 36200. 00 ** Subtotal ** 36200. 00 *** Total *** 73935.00 NEW CONSTRUCTION: 2/93 COMMERCIAL PAGE NO. 1 Q 04/21/93 ADDRESS #UNITS CONTRACTOR VALUATION ** ** Subtotal ** 0. 00 *** Total *** 0. 00 0 fAS4` � Memorandum �IREG% . ,. April 28 , 1993 Vy Q. City Council Members r rum: Mayor Catherine Golden lI�ljBtf: Commission Appointments Bill Knowles recently resigned from the Airport Commission. I would like to appoint Lyle Smith (letter of application attached) to fill this vacancy for a term expiring April 30, 1994 . This position has been advertised. I would also like to re-appoint suzi Aufderheide and Tim Bewley to the Cable Access Commission for terms ending June 30, 1996. Your approval of these appointments will be very much appreciated. Attachment (1) (d:\goldenkc \xppmim O) ,. /Jcr March 5 , 1992 City of Ashland 20 East Main Street Ashland , Oregon 97520 Attention : Cathy M. Golden , Mayor Subject : Application for appointment to the Airport Commission This application is presented in the belief that the writer is well qualified and the knowledge that he is desirous of contributing his skills to the Airport Commission of the City of Ashland . The following brief resum6 is presented to allow an overview of my business and aviation experience . 1) Bachelor of Science degree in Business Administration with minors in Commer.cial Aviation and Engineering from the University of Southern California . 2) Approprimately four years of flying service in the second World War with last duty being on the personal flight staff of Brigidair General Schilt , USMC . As an Officer in the Marine Corp , I was recalled for an additional 17 months duty during the Korean War . 3) Licensed commercial multi-engine pilot for over 40 years . I have owned and operated several aircraft and have both the formal education and practical experience to allow deep understanding of aviation ' s many problems . 4) For over 33 years I was the sole owner and President of the Lyle Smith Company Inc . in Los Angeles , Calif . The company designed , engineered and manufactured special equipment for the aerospace industry . The last major project in which our company participated was in the development and manufacture of the super-secret Northrop stealth bomber . 5) Additionally , the Lyle Smith Company Inc . designed and manufactured special equipment required by the atomic energy program and was given "Q" clearance by that agency . 6) Present status - retired . If I am appointed , I wjill serve the Airport Commission and the ,City f sh1and,' t0 best of my ability . L'y e N . H'. Smith 1.565 Lilac Circle -Ashland , Or . 97520 ( 503) 488-5933 `J,�^((/7„�,T/T Southern Oregon Regional Economic Development, Inc. t` 1 WLl 132 W.Main,Ste. 101 Medford,OR 97501-2746 (503)773-8946 (503)479-2502 Fax:779.0953 April . 20 1993 SO-REDI Board Members, Designated Alternates and Member Municipalities RE: Quarterly Report - January thru March 199 Dear Sirs: Please find .enclosed SO-REDI's quarterly report that includes an overview of recent economic development activity. A copy of the third quarter (January thru March) financial statement from our accountants, Kosmatka, Donnelly and Company, CPA's will be forwarded as soon as we receive it. Due to unexpected events, the financial position of SO-REDI came under extreme pressure during the quarter which resulted in the temporary restructuring of staff. Sandi (Administrative Assistant/Special Projects) was terminated as an employee for chronic absenteeism and tardiness ' - this position will remain unfilled until after July 1, 1993 . In the interim, ,SO-REDI is contributing a small amount of funds to supplement an administrative position authorized under the SI grant. Carrie, the Administrative Assistant hired under the SI grant, will be performing limited SO-REDI administrative duties. In order to further control expenses, Al (Program Administrator for Josephine County) was terminated as a SO-REDI employee and hired to fill a special project slot (contract employee) under the EDA Planner grant. This action required that Lu (Program Administrator for Jackson County) relocate to the Grants Pass office in the RCC SBDC she will be covering both counties as a regional Program Administrator (hopefully, for only the remainder of this FY) . The Oregon legislature is in full swing with over $1,000,000,000 (yes, that's $1 Billion) in programs for the $300, 000,000 ($300 million) expected to be received in lottery proceeds over the next two years. The Regional Strategies program as well as the shape and size of the Oregon Economic Development Department will be determined in the next few months. Heavy pressure is being exerted to divert significant funds away from economic development and fund such things as K - 12 education. One bill, HB 3406, would use 1.6$ (or $5 million over two years) to fund Ikeconomic development L'nMraMmn A!B Properties Coldaell Banke/Doran Tayioq Inc Kimball-Dunn!Co.,CPA, Mountain Title of Jatk,on County Southern Oregon Slam College Athl.W,City of Cutler!Company.lot, Kouvlka.Do x"HY!Ca.CPA, Patific Pu &Light Co. TO Nku,Inc Cabinisbn Rank of Ameria Evrrrmtn Federal Ss,inas!Iran Lirhia Auto Cenren Roane Community College U.S.Bank linter Conmromion Co. Fire Internet Bank of Oregon,N.A. Mamuen A,Mute-Inc. Roane valley Manor US WEST Co nn unicariaa Bar Creek Corporation Gram,PaµCity of Con,uking Enaineen Rque Waae Sw.%Inc United Burnt]Real Ennt Co. Jackson Count Medford,cis or Telephone Company Euente F.Burrill Lumber Co, r r S!B lama Conarumion Co. Wit Natural Gat TAse lob,Count Medford Mail Tribune Central Point.Cirr of lomphine County Nknern Bank providers", such as SO-REDI. Passage. of this bill (as written) would provide over $150,000 to fund the operations of SO-REDI, which would reduce our longstanding dependence on public (county and city) membership' dues. We have the support of our Southern Oregon delegation at this time. As I have often stated in the past, your continued involvement in * and enthusiastic support of our regional economic programs will help ensure a healthy economy and quality jobs for the working men and women of Southern Oregon. Sincerely, Corky Lei er Executiv Director I - QUART E RL Y R E P ORT 'XI 1-i i r d Q u art e r ) The Third quarter of the SO-REDI fiscal year (January through March) , was wet [that's good! ], and continued busy. Early and continual snow kept the ski facility at Mt. Ashland busy and, as of now, an unqualified success. The new Clinton administration announced their "economic stimulus" package, which promises to create over 500,000 new jobs. As of this report, the "economic Stimulus" package is hung up in the US Senate, but should be passed soon. What this will mean to Oregon, much less to Southern Oregon, remains to be seen. We have our $60,000,000 worth of projects on the "list" in the Governors Office and at the Oregon Economic Development Department. This quarter saw continued work on several facilities reported under construction last quarter [Balteau Standard - 120,000 sq ft/50 additional employees, Musicians Friend - 40,000 sq ft, the Mail Tribune - 35,000 sq ft, the new retirement center in NE Grants Pass, and the rebuild of MEDCO's Rogue River veneer plant] and ground breaking for several new facilities [Walmart in the King Center - over 100,000 sq ft, the South Interchange complex - Fred Meyer and others - over 300,000 sq ft, a new major grocery store at the "Big Y" [all three in Medford] , the long awaited Pacific Institute of Natural Sciences facility in Ashland, and the Factory Outlet complex in Phoenix] . Beaver Lee-Tronix [now BLT] had their open house to show off their new 20,000 sq ft addition [they now have over 50,000 sq ft] and inform selected attendees as well as the general public of their manufacturing capabilities, while Water Sports, Inc. , held a kick off for their 'anew" Stream Machine [remember the "dip stick"'] . Both companies report several dozen new employees. The Grants Pass factory outlet mall (on the site of the State Police Headquarters off I-5 that is closing) is still on target, while two companies [the Ken Roberts Company and Diversified Collection Services (DCS) ] are working their way through the planning process and should announce ground breaking for their new facilities soon [they will hire up to 125 employees each] . Promotional Images have committed to relocate to the Medford Industrial Park and are currently working with builders and a local bank to put their final facility plan together. They reportedly will employ 22. Work continues with several local companies to help them in their expansion activities. Among the companies seeking assistance are Oregon Arms, Rogue Technical, Sharps Tarps, AVATAR, Sawyer Oars, Ziegelmeyer Machine and Manufacturing, Inc. and Applegate Enterprises. B O X S C OR E Ho t p r o s p a c t s _ _ C h amp i o n P l a s t i c s - p l a s t i c xn anuf acturer M e r c u r y P l a s t i c s' — p l a s t i c manuf acturer "Hawk•• — food processor ID , 2rac _ - co1. 1ecti.orn s e ry i c e c omp a ny Smith Furniture — furrni.tore ma rnu:Eacturer D i m e n s i o n a l F a b r i c a t o r s - CAD-CAM mu 1.t i - 1 eve 1 meta 1 £a br i c a t o r s/a r s e mb 1 e r s "Globe •' — office furniture manufacturer "Pro j e c t 1. 0 0 " - 1 a rg e c a b i n e t manufacture r " Project 101 •' - PVC pipe manuf acturer I K e n Robe i t s Company — pulbfishing A number of prospects/clients were assisted during the quarter and we will keep you informed as to their progress on relocating and/or expansion plans as they happen. JOSOCO continues to hire (now 34 employees) and will finally get all their equipment delivered from their Oxnard site to White City later this month. The announcement that Litton Industries will pull one of their divisions out of Grants Pass was not good news. However, Miller Redwood is encouraged by recent sales and will stay open and operate for the immediate future. In addition, staff responded/assisted 107 additional clients during the quarter. April 30, 1993 M E M O R A N D U M TO: Honorable Mayor & City Council FROM: Brian L. Almquist, City Administrator SUBJECT: Monthly Report - April 1993 The following is a report of my principal activities for- the past month, and a status report on the various City projects and Council goals for 1993-94 . I . PRINCIPAL ACTIVITIES: 1. A major amount of my time this past month was spent in meetings with the various budget subcommittees and two meetings of the full budget committee. 2 . Hosted Council dinner for President of Sarlat, France theatre festival, and at Ashland Greeters at Ashland Cable Access. 3 . Met with Bob Hodgins, his accountant and attorney, along with the City Attorney, Finance Director and Parks Director, and negotiated the purchase of 28 acres on Mountain Ave. for a park and substation site. ° 4 . Met with members of the "Ashland Coalition" to discuss the "Mayday-Mayday" event at Ashland Middle School to discuss school funding alternatives. 5. Attended weekly meetings of the Coalition "Legislative Hotline" to discuss current Legislation by telephone with Senator Hannon. 6. Met with architect Gary Afseth to discuss the development of a phasing plan and cost estimates for office addition at Civic Center. 7 . Met with Robert Scholl of NW Museum of Natural History to discuss possible Lottery Grant for Infrastructure (street improvements, water and sewer, etc. ) . _ 8. Met with members of the Park and Recreation Commission regarding their concerns about proper orientation of the substation on the Hodgins property. 9 . Met with John Reed of ODOT, regarding proposed realignment of Highway 66 at Crowson, and the left turn refuge at N.Main and Maple. 10. Attended four meetings of the Rogue Valley Civic League subcommittee on Community College Services in Jackson County. 11. Met with Councillor Arnold regarding the Siskiyou median upgrade and related bikeway issues. 12 . Was interviewed by a private producer for a TV special on the history of the Mt. Ashland Ski Area. . 13 . The Mayor and I met personally with each of the candidates for Community Development Director on the day before and the day after the formal interviews. 14 . Attended all of the interviews for Community Development Director. 15. Participated in a special one-hour Cable Access panel discussion on school funding with other Coalition members. 16 . Participated in monthly Town Hall program on Cable Access with Mayor Golden. 17 . Attended press conference. with Coalition members regarding future of school funding. 18 . Met with John Billings, members of his family and his attorney, to discuss possible lease of his land for golf course. Also attending were Paul Nolte and Ken Mickelson. 19. Met with Chuck Wiley who is developing subdivision on Grandview Drive regarding dedication of land for open space purposes. 20. Attended AOC/LOC Legislative rally in Salem and met personally with Senator Hannon. 21. Met with Public Works and Electric to discuss proposed Oak Block LID. 22 . Had my deposition taken in the Wilbur Strait case involving his claim that he was discharged. The City Council eliminated his job following a reorganization of the Fire Dept. STATUS OF VARIOUS CITY PROJECTS: 1. Electric Substation. BPA released its EA, identifying its preferred alternative as the Hodgins property at Mountain and Hersey. Following this there was a two week public comment period in which they received one negative response and a number of supportive comments. They will issue there final report in about 30 days. It is possible, but unlikely that construction can be completed this year. We will work closely with Parks on siting and design issues. 2 . Downtown Project. Completed. 3 . Northwest Water Proiect. Construction on the reservoir on Hitt Road was awarded and came in within budget. Work is underway and will take about 9-10 months to complete. 4 . Open Space Program. The voters approved the prepared food and beverage proposal at the March 23 election. Negotiations were completed with Bob Hodgins to acquire 28 acres at Hersey and Mountain. This incidentally is the preferred BPA substation site. Unfortunately there are two bills in the Legislature which could negate this voter approved measure. Chances are good that Ashland will be "grandfathered" . 5 . Digester Roof. Construction is complete. 6. Tolman Traffic Signal. The project is complete and awaiting activating by the State Signal crew who has scheduled Wednesday, May 5 for their work. 7 . Wetlands Study. The consultant has completed major elements of the study. We are still on a very tight time schedule to meet our July 1 deadline. 8 . Forest Fire Management Project. Parks has completed its work for this year. Additional work is scheduled for next Winter which will complete the recommended project list from McCormick and Associates. 9 . Capital Improvement Plan. The draft plan was reviewed in study session this past month. Copies have been placed in all the libraries and I am making myself available to speak to groups about the plan. III . STATUS OF COUNCIL GOALS: A report was presented at the Council Goal-setting session. The next report will be prepared in May. 2Axa,,,(�"I&h G6'(_�f Brian L. Almquist City Administrator BA: ba ASHLAND PLANNING DEPARTMENT STAFF REPORT April 13, 1993 PLANNING ACTION: 93-058 APPLICANT: Bill & Gloria Richey LOCATION: 675 Carol Street ZONE DESIGNATION: R-1-5 COMPREHENSIVE PLAN DESIGNATION: Single Family Residential ORDINANCE REFERENCE: 18.108.070 and 18:108.080 ORS 308.740 - 308.790 REQUEST: Comprehensive Plan Map change from Single Family Residential to Open Space. I. Relevant Facts 1) Background - History of Application: In 1986, a Physical Constraints Review permit was approved for this location for the installation of fill and culverting (PA86-130). In 1987, a Physical Constraints Review permit was approved, allowing for the placement of fill and additional culverting to extend Carol Street to serve as a driveway to this parcel (PA87-116). In 1991, a Minor Land Partition was approved for this parcel, dividing off a 68' by 220' parcel fronting on Oak Street (existing home), leaving the remainder of the parcel (approximately 2.63 acres) back to Carol Street (PA91-025). A new residence has been constructed on this parcel. There are no other planning actions of record for this lot. 2) Detailed Description of the Site and Proposal: As stated, the site is 2.63 acres in size with a single family residence on it. It is located near the corner of Carol and Clinton Streets. The applicants are proposing to change the Comprehensive Plan Designation for all of the parcel excepting approximately 0.30 acres from Single Family Residential to Open Space, thereby removing the development potential from the property. Portions of the property are used as a small pasture, and a pond. A small seasonal drainage, indicated on the City's Physical and Environmental Constraints maps, goes through the property. II. Proiect Impact The change to an open space designation from single family residential is allowed under ORS 308.745, which states: 'The legislature hereby declares that it.is in the best interest of the state to maintain, preserve, conserve, and otherwise continue in existence adequate open space lands and the vegetation thereon to assure continued public health by counteracting pollutants and to assure the use and enjoyment of natural resources and scenic beauty for the economic and social well-being of the state and its citizens. The legislature further declares that it is in the public interest to prevent the forced conversion of open space land to more intensive uses as a result of economic pressures caused by the assessment thereof for purposes of property taxation at values incompatible with their preservation as such open space land, and that assessment practices must beso designed as to permit the continued availability of open space lands for these purposes, and it is the intent of this Act to so provide." The procedure outlined in the ORS is for the governing body to process this application as a Comprehensive Plan Map change, but to review the request under the following criteria as well: '7n determining whether an application made for classification (as open space) should be approved or disapproved, the granting authority shall weigh the benefits to the general welfare of preserving the current use of the property which is the subject of application against the potential loss in revenue which may result from granting the application. If the.granting authority in so weighing shall determine that preservation of the current use of the land will. a) Conserve or enhance natural or scenic resources; b) Protect air or streams or water supplies; c) Promote conservation of soils, wetlands, beaches or tidal marshes; d) Conserve landscaped areas such as public or private golf courses, which PA93-058 Ashland Planning Department — Staff Report Bill & Gloria Richey April 13, 1993 Page 2 enhance the value of abutting or neighboring property; e) Enhance the value to the public or abutting or neighboring parks, forests, wildlife preserves, nature reservations, sanctuaries, or other open space; D Enhance recreation opportunities; g) Preserve historic sites; h) Promote orderly urban or suburban development; or i) Retain in their natural state tracts of land, on such conditions as reasonably required by the legislative body granting the open space classification; the granting authority shall not deny the application solely because of the potential loss in revenue which may result from granting the application. The applicants have stated in their application that they believe the current uses. of the property are supported by criteria a), b), c), e), and i). III. Procedural - Required Burden of Proof In addition to the criteria outlined above from the Oregon Revised Statutes, the Land Use Ordinance contains the following criteria: Type III amendments are applicable whenever there exists. a public need; the need to correct mistakes; the need to adjust to new conditions; or where compelling circumstances relating to the general public welfare requires such an amendment. Staff believes that this proposed amendment meets the requirement of "public need" in the Ashland land use ordinance, and is in support of the City's adopted Open Space Plan. We also believe that it meets the ORS criteria as stated by the applicant. We further believe that the benefits of the maintenance of this area as open space for this neighborhood, although without public access, outweighs the PA93-058 Ashland Planning Department — Staff Report Bill & Gloria Richey April 13, 1993 Page 3 small revenue losses to the City. IV. Conclusions and Recommendations Staff recommends approval of the application with the following condition: 1) That a conservation easement be granted to the City of Ashland prohibiting the partitioning or development of the property as single family residential. The easement may only be removed by approval of the Ashland City' Council after a Comprehensive Plan map change back to Single Family Residential. Conservation easement does not allow public access to the property. PA93-058 Ashland Planning Department — Staff Report Bill & Gloria Richey April 13, 1993 Page 4 copy ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 13 , 1993 CALL TO ORDER The meeting was called to order by Chairperson Barbara Jarvis. Commissioners present were Medinger, Thompson, Bingham, Carr, Powell, and Armitage. Staff present were McLaughlin, Molnar and Yates. APPROVAL OF MINUTES AND FINDINGS The Minutes and Findings of the March 9, 1993 meeting were approved. PUBLIC FORUM PETER FINKLE, Transportation Advisory Committee (TPAC) , reported to the Commission that RVTD was offering reduced fare as of March 29, 1993 to riders and that SOSC students were able to ride free. He requested a joint study session with the Planning Commission to work on revising the Transportation Element of the Comprehensive Plan. He would like to meet some time in the next three months. McLaughlin said TPAC was going to be used as the citizens involvement group. The next meeting of TPAC will be held Friday, April 16th at 8:00 a.m. at the Council Chambers and any Planning Commission members are invited to attend. TYPE III PLANNING ACTION PLANNING ACTION 93-058 REQUEST FOR COMPREHENSIVE PLAN MAP CHANGE FROM SINGLE FAMILY RESIDENTIAL TO OPEN SPACE FOR THE 2 .32 ACRES SURROUNDING THE . 30 ACRE HOME SITE. APPLICANT: BILL AND GLORIA RICHEY Site Visits and Ex Parte Contacts Medinger, Bingham, and Carr had site visits. Powell had a site visit and drove Jessica Lane. Jarvis had a site visit and saw Mr. Richey. He told her where the lot was and said he had lived on the property for 35 years. He said because the notice sent out did not state this was to be "private" open space, the neighbors were concerned the area would be public. STAFF REPORT McLaughlin stated that the access to the applicant's home is from a driveway off Carol Street. The applicant requested that the Comp Plan be changed. This process is allowed through State law to designate areas as open space. The Commission has approved two of these in the past - one off Terrace Street and the other t a. �Lb E1 near Guthrie. The open space becomes part of the viewspace of an area. In the past, Staff have seen no problem approving these requests and they have recommended approval with the attached Condition. If the property owner asks for the property to return to single family designation, the State would require the property owner pay all back taxes. While it remains open space, the property owner does not have to pay property taxes. It is permissible to fence the property, add plantings and keep livestock. Bingham wondered what advantage this action was for the City. McLaughlin said it maintains neighborhood livability. Powell didn't see that the neighbors could have access or even enjoy the view because the property is hedged off. McLaughlin . said the view from Jessica Lane is limited but there are other views from Carol and Clinton. PUBLIC HEARING No one came forth to speak. Staff Comments Medinger also wondered about Powell's comment and removal of the property from the tax rolls. McLaughlin responded that the State Statutes lists criteria for approval one of which is that the granting authority (City of Ashland) shall not deny the application soley because of the potential loss in revenue which may result in granting the application. Jarvis felt that anyone from the lower portion could enjoy the viewscace. COMMISSIONERS DISCUSSION AND MOTION Carr moved to approve Planning Action 93-058 with the attached Conditions. This application does conserve and enhance the natural resources. Bingham seconded the motion and it was carried unanimously. TYPE II PUBLIC HEARINGS PLANNING ACTION 93-020 REQUEST FOR A CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING TRAVELLER'S ACCOMMODATION LOCATED AT 261 W. HERSEY STREET FROM. FOUR UNITS TO FIVE UNITS. APPLICANT: AUDREY SOCHER Site Visits and Ex Parte Contacts Medinger had a site visit and noted the large rear yard. Thompson remembered the property from the application before and he had a site visit. • 77eTi�� ' ?pc fir( 19 - 5,� Notice is herebygiven that a PUBLIC HEARING on A copy of the application,all documen.a and evidence relied upon by the appli.caunt the following request with respect to the ASHLAND and applicable criteria are available for inspection at no cost and will be provided at LAND USE ORDINANCE will be held before the reasonable cost•if requested. A ropy of the staff report will be available for ASHLAND CITY COUNCIL on the 4TH DAY inspection seven days prior w the hearing and will be provided at reasonable cost, if requesteA. AN materials are available at the Ashland Planning Department,Gty OF MAY, 1993 AT 7:30 P.M. at the ASHLAND Han,20 Cast Main,Ashland,OR 97520. CIVIC CENTER, 1175 East Main Street,Ashland, During the Public Hearing,the Mayor shall allowtesdmony from the applantand Oregon. those in attendance concerning this request The Mayor shall have the right to limit the length of testimony and require that comments be restricted w the applicable The ordinance criteria applicable w this application are on the reverse of this notice. criteria. Oregon law states that failure w raise an objection concerning this application, If you have any questions or comments concerning this request,please feel free w either in person or by letter,or failure w provide sufficient specificity w afford the contact Susan Yates at the Ashland Planning Depar ent.City Hall,at 488-5305. decision maker an opportunity w respond to the issue•precludes your right of appeal to the Land Use Board of Appeals(LUBA)on that issue. failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on.that criterion. ��1 901 .....• , v ' A V E. 1004 1000 2 loos'" k�• T " s _ P 4. loos +{ 1005 ^ . 2600 0 A K . ' foil e.�. !lots ' '1007 a I 1 a +:er• abd• 00 { 1006 A �c / A AVE °Y 1202 125 1200 Oe 1204 .Ca4 1201 1 I•tin.). 0J If a Q 1302 - - - - -f s.• - nn� PRoP05ED °' o raol .2.r.a P.ry - q OPEN sf•c:-1= :. o (P-izr77) P"/°s-1447. !p-1317e) 1401 1 2 .1 71' \\ e..•r'. _ _ _ ... _ 1500 � t- a-t "(ans7thrq ` JV4O - fb,ea) Imo JESSICA. LANE SUBD/V/S/ONIa,2,v 170 1705 1704 a ao3CA .. ��•.;.: .. -.r-�.� i718 17000A _ CLys,T . f3L1C I t ,2 •,�sJG''-`� 1714 i:170 i eaulloa uu _ _ 1713 ; F 1707 �—_- 1711 •1712 1 ' m•+r 1716,1117f' ��•, Is W •1708 1709 ...0; i• 1 r t2 • v H E f702CA Jtl 391E 4DC wl .. .. 1 -•r2 .. .3 ....I ....s .-. ....e .:.9 -..10..r. .. PLANNING ACTION 93-058 is a request for Comprehensive Plan Map Change from Single Family Residential to Open Space for the 2.32 acres surrounding the .30 acre home site. Comprehensive Plan Designation: Single Family Residential: R-1-5-P; Assessor's Map #: 4CA; Tax Lot: 1400. APPLICANT. Bill & Gloria Richey Type III amendments may be approved when one of the following conditions exist. a) A public need, supported by the Comprehensive Plan b) The need to correct mistakes. c) The need to adjust to new conditions. d) Where compelling chwnstanms relating to the general public welfare require such an action. 1 . Memorandum c April 30, 1993 �11D. City Administrator, Mayor and City Council r ram: Steven Hall, Public Works DirectorJJ-,�N/:�4' �Uhjert: Hearing-Food and Beverage Tax • At present, I am waiting for the cost estimates on the wetlands option from Woodward-Clyde Consultants. They have indicated I will have the information late today (Friday) or on Monday. Jill Turner is also working on financial projections which will be a part of the presentation. I will have my memorandum hand delivered to each of you sometime on Monday. Thanks for your patience! a a OF ASM Memorandum '.OREGOt� •• April 30, 1993 �- Mayor and City Council r XQrm. Jill Turner, Director of Finance �1tC7jPtt: Waste Water Treatment Plant Financing Budget Document: The three year Sewer Fluid Budget as presented in the 1993-94 budget document (Attachment A) called for a 25 percent sewer rate increase in July of 1993 and an additional 25 percent sewer rate increase in July of 1994. The residential rate would increase from the present rate of $12.30 to $15.40 to $19.25. Commercial rates would increase accordingly. Sewer revenues would increase by $310,000 in 1993-94 and $439,000 in the following year for a total of $749, 000. The proposal calls for borrowing $1,350,000 in the first year and $9,000,000 in the second year. The $10,350,000 would be used to pay off the $350,000 short term digester roof note and to construct a $10,000,000 treatment facility with $300, 000 in additional operating costs. Again this scenario assumes a $10,000,000 facility, being repaid in 20 years at six percent interest rate with $300,000 additional annual operating costs. This will require an annual debt service payment of $875, 000. Capital Improvement Plan: The City Capital improvement plan (Attachment B) shows a $20,000,000 treatment facility, being repaid in 20 years at six percent interest with $697,000 in additional operating costs. Under this scenario the annual debt service doubles to $1,750,000 a year. Under the CIP plan the residential sanitary sewer rates would increase to the 28 to 30 dollars a month range and property taxes would be increased by $875, 000 a year. Prepared Food and Beverage Tax: The prepared food and beverage tax is estimated to generate $200,000 per one cent. Four cents would raise an estimated $800,000 annually. This will pay for 91 percent of the debt service of a $10,000,000 facility, 61 percent of a $15,000,000 facility and, 46 percent of a $20, 000, 000 facility. Current Financial Condition: The Sewer unappropriated fund balance at June 30, 1992 was $285,695 and with the digester roof expenses has declined to $25,449 at March 31, 1993. Rates are adequate to pay for current operating costs but not for any major improvements. There are no other monies available within the City for this project. It is vital that the sewer fund be in a healthier condition prior to approaching the bond market. Without adequate resources financing becomes unobtainable. Conclusion: It is clear that the four percent food anq beverage tax of $800, 000 would negate the July 1, twenty-five percent sewer rate increase of $310, 000 and reduce future increases as well. I strongly urge Council to either raise sewer rates by 25 percent or enact the additional four percent tax on the Prepared Food and Beverage Tax by July 1, 1993 . H jiNwp\council\sewer SEWER FUND I Resources i This enterprise fund is used to account for sewer charges and related expenditures for personnel, materials and services, capital outlay, and other expenditures. t The City of Ashland is mandated by the DE0/EPA to upgrade the waste water treatment plant to comply with the Federal Clean Water Act. The three year budget assumed that the capital costs would be $10,000,000 and that sewer rates would be used to finance the project. However, since those numbers were prepared, the City voters have passed a Prepared Food and Beverage Tax. The initial tax is for one percent and will be dedicated to open space and park land. The tax may be increased an additional four percent for the Sewage Treatment Plant upgrade. The estimated four percent will raise $875,000 annually ■`I and will reduce future sewer rate increases. ` II Sewer Sales -The three year scenario on the opposite page assumes a sewer rate increase of 25 percent c in July of 1993, and again in July of 1994. It does not include any Prepared Food and Beverage Tax monies. Bond Proceeds-This line includes a $1,350,000 Bond Issue. The proceeds would be used to repay the m■, Digester Roof Short Term Note and $1,000,000 in preliminary engineering. l _� �1 . B>1 r_ _ r r 100 Z SEWER FUND �f10)1 ACTUAL ACTUAL BUDGET ACCOUNT DESCRIPTION OF ESTIMATED ESTIMATED 1990-91 1991-92 1992-93 CODE RESOURCES �9 1994-95 1995-96 S 535,698 S 400,916 S 280,000 405.000 Working Capital Carryover S 866,400 S 5,756,800 CA 120,000 47,330 80,000 430.000 DEC Grant - WWTP Study Charges for Services 57,11.7 44,965 50,000 440.120 First Service Installation ",DD:t1 50,000 50,000 733,390 390,393 929,870 440.410 Commercial E Industrial �fl'� 985,000 995,000 451,830 440.490 Residential 7,128,000 1,739,000 6,935 620 440.620 System Development Fees 5,245 10,850 440.622 Distribution/Collection 14,000 74,000 7,846 16,280 440.623 Treatment 28,000 34,000 797,442 900,899 1,007,000 Total Charges for Services :t}11 2,205,000 2,232,000 a 29,850 17,478 15,000 470.000 Interest on Investments ter. 225,000 125,000 217 603 450,000 Bond Proceeds . .a ��.�. 9,000,000 , Sp S 1,483,207 $ 1,367,226 S 1,832 000 WS? DODO" $12,296,400 S 8,113,800 I a 9 m 0; O Z q o •. k 101 1 � I SEWER FUND I Overview The Sanitation Division operates and maintains the Waste Water Treatment Plant, five sewage pump stations, buildings, and approximately 85 miles of sanitary sewer mains from 4 to 24 inches in diameter. The division installs new services for new homes and buildings and presently serves about 5,300 customers. It also manages, tests, and distributes sewage sludge to approved sites. It continually monitors the treatment process and quality of treatment through various treatment phases to conform to permit requirements issued by the State Department of Environmental Quality. It also operates and monitors a tl weather station at the Waste Water Treatment Plant. 1 Budget Trends and Changes The proposed 1993-94 budget is 92 percent higher than the present budget. The proposed budget shows engineering costs of $1,000,00 and an interfund note repayment of $350,000. The following year the budget is expected to increase an additional $8.8 million for construction of the new treatment facility. In the second and third years additional staffing and operating costs will be required to run the updated facility. The actual cost of that project is pending the completion of the constructed wetlands study and the selection of the preferred alternative by the City Council. The three year budget assumes that the cost will be only $10,000,000, although some estimates run as high as $23,000,000. Included in this budget are monies for a sewer rate study by a consultant. Major Goals The Ashland City Council adopted the following goals for the new Ashland Facilities Plan: ! Satisfy the Oregon Department of Environmental Quality (DEQ) standards for effluent from the Ashland Waste Water Treatment Plant. f Reduce the volume of Waste Water Treatment Plant effluent removed from Bear Creek. Support the natural ecology of Bear Creek. Minimize capital and operating costs of the Waste Water Treatment Plant. �r � l 102 z • D SEWER FUND m ESTIMATED ESTIMATED .•:.••� 7994-95 7995-96 In ACTUAL ACTUAL BUDGET ACCOUNT DESCRIPTION OFRp 7990-91 1991-92 1992-93 CODE REQUIREMENTS Lx\ Personnel Services �\� 2 S 219,636 $ 299,042 S 311,810 501.100 Regular Salaries and S 328,200 S 344,600 (1)Nages ,`•�� 16,800 17,600 9,520 12,034 11,500 501.300 Overtime Pay \ .5 131,700 138,200 80,033 109,387 132,410 557.600 Other Benefits r \ 200,000 300,000 Additional Costs v� 309,189 420,457 455,720 Total Personnel services \\i 676,700 800,400 \� Materials and Services r 400 1 000 607.000 Advertising and Publications , \�- a 3,200 3, 467 70 , 5� ppOOaa 270,200 283,700 200,000 240,300 245,000 605.000 Central Service Charges �� .. �,a�� 73,700 14,400y 7,281 12,816 12,000 607.000 Chemical and Lab Fees N 160 230 200 611.000 Dues and Subscriptions 500 600 -TiTt< 66,250 85,789 91,560 613.100. Equipment Rental - City ,. 81'1�U 81200 C$ 495 1,291 1,000 613.200 Equipment Rental - Outside Z„ �v '9,300 Z` 7,257 7,264 7,920 617.000 Insurance <..�`�.. ,:.:C 8,900 4,373 11,261 5,600 619.000 Licenses and Permits 12,600 13,200 .p 23,000 24,200 9,733 14,160 20,000 620.000 Maintenance '' 27,000 22,100 135,739 47,330 80,000 624.000 Professional Services „-.. 2,700 2,800 1,614 2,696 2,730 625.500 Safety Program 'e:A: 2,100 2,200 2,302 2,980 2,750 630.000 Small Tools � � � " �:r">':� `'° 1,400 1,500 7,314 483 800 636.700 Office supplies .:�.g. 4,200 4,400 2,319 3,518 3,560 636.800 Technical Supplies ' ? 20,000 45,337 49,700 637.300 Payment in Lieu of Franchise TaK6 3,700 63,900 2,293 2,470 2,400 640.000 Travel and Training a 3,200 3,400 354 600 641.000 Uniform Allowance 104,173 86,385 115,000 642.000 Utilities - .,_m.:. 120,800 126,800 a>.: �«�" ? 565,771 564,734 641,840 Total Materials 8 Services 648,700 670,600 >:b1„3.M.km . Capital Outlay 78,928 702.000 Buildings "^'`" "`.s �'^� ' 15,000 15,000 1S...:.:. 89,374 4,524 78,960 703.000 Equipment {"`M'r...„." 78,000 747,800 23,874 75;957 520,000 704.000 Improvements Other Than Buildings:. 000,000 4,000,000 704.600 Treatment Facilities 's'Ej��Bt,fN1Q.rs 5, p r 132,176 80,475 538,960 Total capital outlay 1`< 5,093,000 4,162,600 Debt Service f. „ !; 5,340 5,865 5,200 854.000 Assessment Payments f�' 1,200 D 802.600 .Int on Digester Roof y� 852.600 Loan Repayments :. N Bond 1st Payment 120,000 . 675,000 a . z 5,340 5,865 5,200 Total Debt Service 2� 121,200 875,000 m . �/ n Operating Transfers Out rtl 10,000 10,000 910.410- Transfer to Capital improvements -4 110,000 910.500 Transfer to Debt Fund Z i 59,815 910.720 Transfer to Equipment Fund 69,815 10,000 110,000 Total Operating Transfers Out 62,000 920.000 Contingency 100,000 700,000 400,916 285,69518,280 940.000 Unappropriated Ending Fund Sal 5,656,800 1,505,000 - D+ V'1 $12,296,400 S 8,113,800 I S 1,483,207 5 11367,226 5 1,832,000 TOTAL REQUIREMENTS .i 70.75 10.15 10.40 Number of Personnel 10.40 14.40 14.40 k n 103 I WASTE WATER Project Name: Waste Water Treatment Plant Upgrade Priority: Waste Water k 1 Score: 42 --_ _ ��•✓ Staff Contact: Steve Hall, Director of Public Works Useful Life: 20 years Description: The City will select an alternative by CORY PL. Q July 1, 1993, for updating its waste water treatment OXFORD process. The three selected alternatives are partial $ tertiary treatment and spray irrigation at the existing site, RK connecting with Medford through BCVSA, or increased ALMEDA DR waste water treatment with wetlands treatment. KENT r'W q y p I G=� , �8 LM. C Justification: Required b DEQ/EPA to comply with the w. MEVAnA 5� . Federal Clean Water Act. - Relation to other Projects: None Fiscal Impact: This project will be built with bond proceeds which will be repaid equally from sewer revenues and property taxes. System development charges will be used starting in 97-98 to repay this debt. The additional operational cost.of $697,000 for partial tertiary treatment will be included in additional sewer charges. FIVE YEAR BEYOND 93_94 9494=95 95_96 9696=97 97_98 TOTAL 1998 FEng/Design 0 ,700,000 3,70 0,000 Construction 12,000,000 4,300,000 16,300,000 Equipment 0 _ Total Costs 3.700.000 12.000.000 4.300,000 0 0 _20,000.000 0 FUNDING G 0 Bonds 20.000.000 20.000.000 Total Funding 20.000.000 0 0 0 0 20.000.000 0 DEBT PAYMENTS SDC Treatment - 66,000 66,000 2,550,000 Sewer Charges 875,000 875,000 875,000 842,000 3,467,000 12,725,000 _ Property Tax - 0 875.000 875.000 873,000 842.000 3.467.000 12,725.000 Total Debt 0 1 750,000 1.750.000 1.750.000 1__,750,000 7.000.000 28,000.000 4 I of Am a ran dum LOGO April 29, 1993 Eli: Mayor and City Council r rem: Rob Winthrop, Councilor p�1I�IjPtt: Comprehensive Housing Affordability Strategy As you know, in 1994 Ashland will be a block grant entitlement city, which may provide $200,000 per year to the City. To obtain these funds, we are required to prepare a Comprehensive Housing Affordability Strategy (CHAS) document for the Dept. of Housing & Urban Development. This is pretty complex! Attached is information on what is required. Preparing this document actually will provide a good opportunity for us to consider the whole range of housing needs in Ashland. We can either prepare this document by ourselves, or enter into a consortium with Jackson County, Medford, and other area municipalities which would prepare one unified CHAS. A consortium would be complex to organize. on the positive side, it may allow us to qualify for housing funds not otherwise available. Also, working as a part of a consortium will force us to take a regional approach to housing needs. I hope that Phil, Steve, and I will have a recommendation for you within the next month. Attachments/ (d:\goidw\comet\chas.Mw�) I. BACKGROUND Title I of the National Affordable Housing.Act (the Act) established the requirement that States and local governments that apply for direct assistance under certain HUD programs have a Comprehensive Housing Affordability Strategy (CHAS) that has been approved by HUD. For certain other applicants, the Act requires that an application for funding include a certification of consistency with an approved housing strategy for the jurisdiction in which the proposed project will be located. The CHAS final rule incorporated many constructive comments received in response to publication of the CHAS interim rule and fiscal 1992 forms and instructions. II.' PURPOSE The CHAS is a comprehensive planning document that identifies a jurisdiction's overall needs for affordable and supportive housing and outlines a strategy to address those needs. The Act requires each local jurisdiction to describe its housing needs and market conditions, set out a 5-year strategy that establishes priorities for meeting those needs, identify resources anticipated to be available for the provision of affordable and supportive housing, and establish a one-year investment plan that outlines the intended uses of resources. The.CHAS.replaces the Housing Assistance Plan (HAP) required for Community Development Block Grant (CDBG) Program funding and the Comprehensive Homeless Assistance Plan (CHAP) required by the McKinney.Homeless Assistance Programs. The CHAS is much more than a prerequisite for funding or a monitoring tool for HUD's own use. The major purpose of the CHAS is to encourage jurisdictions to develop-a comprehensive, long-term strategy for addressing their needs for affordable and supportive housing. Thus, the CHAS is a comprehensive planning document. The CHAS development process represents an opportunity to involve citizens and community groups in the process of assessing a.jurisdiction's overall housing needs, establishing strategic priorities and developing a plan to meet the jurisdiction's identified housing goals. Once in place, the CHAS will serve as a useful management tool to guide the jurisdiction's housing investment decisions. While data on housing needs and conditions are an integral part of the CHAS, it should be stressed that the CHAS is not an exercise in data collection and presentation. The analysis of that data and the resultant 5-year strategy is the centerpiece of the CHAS. Use of current and reliable data in assessing Its needs will enable a jurisdiction to develop the most responsive and effective strategy possible. Jurisdictions should consider the required data as a means to assess the housing needs and resources that will shape their strategies, not as the driving force behind the CHAS. 3 TABLE OF CONTENTS FOR UNITS OF GENERAL LOCAL GOVERNMENT Summary of CHAS Development Process I. Community Profile a. Market and Inventory Characteristics 1. Community Description i. Background and Trends ii. Demographics/Low-Income and Racial/Ethnic Concentrations iii. Maps iv. Table 1.A - Population Groups [`�te,litnsdtutton etas:the cltacx�ttdn=u�xe��ng the�ithe:`€iniig� atket'and ��v�rittt��tz�tttflits 7larra�v�`ar►d ��d"�4��' e)�`��o'�LxCL�Sh+�as�5��$i� 2. Market and Inventory Conditions i. General Market and Inventory ii. Assisted Housing Inventory A. Public Housing B. Section 8 C. Other iii. Inventory of Facilities and Services for the Homeless and Persons Threatened with Homelessness iv. Inventory of Supportive Housing for Non-Homeless Persons with Special Needs .v. Table 1B - Housing Stock b. Needs Assessment 1. Current. Estimates/Five-Year Projections i. Very Low-Income ii. Other Low-Income iii. Moderate-Income iv. Table 1C - Current Needs 15 2. Nature and Extent of Homelessness i. Needs of Sheltered and Unsheltered Homeless ii. Subpopulations iii. Needs of Persons Threatened-with Homelessness iv. Table 1D - Homeless Population 3. Populations with Special Needs - Other Than Homeless i. Need for Supportive Housing ii. Table 1E - Special Needs c. Available Resources 1. Federal Programs 2. Non-Federal Public i. State Programs ii. Local Programs 3. Private Resources i. For-Profit ii. Non-profit II. Five-Year Strategy a. Summary of Five-Year Strategy b. Priority Analysis and Strategy Development 1. Priority i. Analysis Discuss H. Strategy Development for Investment Plan (Activities and Programs) each Priority iii. Table 2 - Priorities i 16 `YI k c. Relevant Public Policies, Court Orders, and HUD Sanctions i. Relevant Public Policies A. Description/Assessment B. Strategy to Address Negative Effects ii. Court Orders and HUD Sanctions d. Institutional Structure and Intergovernmental Cooperation i. Description A. Public Institutions . 4_ B. Nonprofit Organizations i =. .. C. Private Industry ii. Overcoming Gaps A. Assessment B. Strategy to Overcome Gaps e. Public Housing Improvements i. Management/Operation H. Living Environment L Public Housing Resident Initiatives i. Management ii. Homeownership g. Lead-Based Paint Hazard Reduction h. Monitoring Standards and Procedures III. Annual Plan a. Strategy Implementation 1. Priority #_ i. Investment Plan (Activities and Programs) Discuss for each Priority H. Geographic Distribution iii. Service Delivery and Management iv. Table 3A - Investment Plan v. Table 313 - Goals 17 r qty b. Other Actions: i. Public Policies ii. Institutional Structure iii. Public Housing Improvements iv. Public Housing Resident Initiatives v. Lead-Based Paint Hazard Reduction c. Anti-Poverty Strategy d. Coordination Efforts e. Certifications f. Summary of Citizen Comments APPENDIX 1. Glossary of Terms 2. Amendments to the CHAS 18 U.S. Department of Housing and Urban Development * * ° Portland Office, Region X 520 Southwest Sixth Avenue 9' 0EV" Portland, Oregon 97204-1596 MAR 2 "s 1993 Honorable Cathy Golden Mayor, City of Ashland 20 East Main Street Ashland, OR 97520 Dear Mayor Golden: SUBJECT: Community Development Block Grant (CDBG) 1994 Entitlement Status Based on the revised definitions for Metropolitan Areas from the Office of Management and Budget and 1990 population counts from the Bureau of the Census, the City of Ashland is now entitled to receive funds under the Community Development Block Grant Program of this Department. Your entitlement is based on the fact that you are now a name city of a Metropolitan Statis- tical Area, the Medford/Ashland MSA. By virtue of this designation, you will lose your eligi- bility to apply for State Block Grant funding in Federal Fiscal Year (FY) 1994 and will be eligible only for your entitlement. Should you decline the entitlement, it will be reallocated to all other entitlement entities in FY 1995. To aid you in your decision-making process, the Department has estimated what your entitlement would have been based on the 1993 appropriation. Had you been funded this year, you would have received $210,000. Based on Section 570.200(h) of the Block Grant regulations (copy enclosed) , you may begin to incur limited costs at your own risk, subject to reimbursement from the grant if and when approved, in preparation for submitting your Block Grant State- ment. One of the items that will be required is a Comprehensive Housing Affordability Strategy (CHAS) which must be developed and submitted prior to December 31, 1993. Unfortunately, the way the current regulations are constructed, the cost of preparing a CHAS is not reimbursable. If incurring the cost to prepare the CHAS on a nonreimbursable basis would be a hardship, you may wish to request a waiver under the provisions of Section 570.5 of the Block Grant regulations. Your Final Statement requesting Block Grant funds may be submitted any time after December 1, 1993, and must be submitted 30 days prior to the date you wish your program year to start, but may not be submitted later than the first working day of September 1994 . 2 We ask that you advise us of your decision, relative to the acceptance or declination of the entitlement as soon as possible by letter from your Chief Executive Officer. Should you accept the entitlement, we will assign a Program Representative to your community and begin to assist you in preparing to participate in the Community Development Block Grant (CDBG) Program. If. you have any questions or need additional information, please contact our Community Planning and Development Division at 326-7012. Sincerely, r. R: C. Brinck Manager Enclosure cc: Brian Almquist, City Administrator City of Ashland 20 E. Main Street Ashland, OR 97520 LKPH i k 7 1993 � ' � �1 2110 Creek Dr. T]i Ashland , ., -- April 5, 1993 City Council Ashland, Or. We the undersigned ask that the city of Ashland help to improve Clay Street between Hwy h6 and E. Main. Our development Ashland Meadows is in the city limits now. The developer Hank Albertson plans to add 60 more units, all with entrance and egress to Clay. Clay St. is a narrow 2 lane county roa.d which makes for dangerous and inconvenient walking, as well as driving. It is used by walkers, many of us seniors, and by exercise classes from the YMCA . We request that the city work to obtain funds from the county, the federal govt. , the developers (both . Ashland Meadows and ?ding Spread Mobile Home Park) as `t< Z --70q& shell as from the City of Ashland. `t< 7 Yours truly, rF 10 S-4e` I` 3 CLky 9( a4y pF .a,,4y X1717 em orandum March 23 , 1992 p4EGpd Brian Almquist, .Steve Hall, Jill Turner, Paul Nolte Q. r„ James H. Olson, Assistant City Engineer rom: Ash and d_Loop_Road-L.I..D- ��bjPrt: On August 23, 1991, bids for the 199J Street Improvement Project containing schedules for Ashland Loop Road and for Lori Lane were received. While the bid for Lori Lane was within acceptable limits, the bid for Ashland Loop Road was far above our estimate. At the request of Doug Neuman, who comprises 100% of the assessment district, Ashland Loop Road was deleted from the contract and Lori Lane was awarded to the low and only bidder. Mr. Neuman has attempted to solicit bids for the project as a private developer with -the thought of improving the street outside of the L.I.D. process. Contact has been made with the following firms: 1. Flying R Construction 2. Valley Excavation, Inc. 3 . J and D Earth Moving 4. Visar Construction, Inc. 5. Pacific Paving 6. Angel Asphalt 7. Mountain View Paving " 8 .. Mountain View Rock, Inc. With the exception of a verbal quote from J and D Earth Moving for $63, 000, the only formal quote received was from, Dave Barnhardt, dba Mountain View Rock, Inc. The original bid request which 'was advertised in August of 1991 was advertised in both local papers, as well as the Daily Journal of Commerce in Portland. Additional bid invitations and contract documents were sent to five builders ' exchanges and 6 contractors. The project has been well advertised; however, very little interest was shown from the field of prospective bidders. The proposal submitted by Mountain View Rock, Inc. is for $56, 148, plus $1,800 bonding costs for a total of $57, 948. 00. Douglas Neuman, comprising the total assessment district, would like to develop this street under the L.I.D. format using Mountain View Rock, Inc. as a contractor at the proposed bid of $57,948 . 00. Ashland Loop Road L.I.D. March 23 , 1992 page 2 The problem arises of accepting a bid from a contractor outside the normal sealed bidding procedure. According to Paul Nolte in his memo of January 10, 1992 (attached) , the City Council has the option of approving such a proposal acting as the local contract review board. The Council must determine that this award will not encourage favoritism or substantially diminish competition and that the public will be best served by its action. This project has been more than adequately advertised; the problem has been mainly in finding a contractor who would be interested in the work. The single formal bid that was received last August was more than 50% over the estimate. It has been our experience that a rebid of the same, project without substantial design changes only leads to higher bids. The street .is now designed to minimum standards and there is no room left for decreases in work quantities. Would you please consider placing this matter on the agenda so that the Council may act upon this as quickly as possible. See attached findings. JHO:rm\ayaduo. cc: Doug Neuman Enclosures FINDINGS OF FACT FOR THE REVIEW OF A PROPOSED CONTRACT FOR THE IMPROVEMENT OF ASHLAND LOOP ROAD STATEMENT 1. A public hearing was held on April 3, 1990 to consider the formation of a Local Improvement District (LID) to improve Ashland Loop Road. The published estimated cost was $41,100. (including engineering) . 2. Ordinance No. 2570 authorized and ordered the improvement of Ashland Loop Road from Viewpointe Terrace Subdivision to the end of pavement, reconstruction of the intersection of Ashland Loop Road and Morton Street and Ashland Loop Road from the end of pavement near Morton Street approximately 100 feet south by construction of curbs, gutters, asphaltic paving and storm drains, authorizing the assessment of cost of said improvement against property to be benefited thereby. 3. Bids for the Ashland Loop Road (included with the 1991 Street Improvement Project) were received and publicly opened and read at the Council Chambers at 1:30pm, August 23, 1991 as advertised. A. Advertisements were published in two local papers, one trade journal (Daily Journal of Commerce) and five builders' exchanges. B. Advertisements- were mailed directly to six prospective bidders. Only one bid was received, that being over $27, 000 over the published estimate. 4 . No award was made for Ashland Loop Road. 5. Additional attempts were made by Douglass Neuman to solicit additional bids. A. Contact was made. with eight additional firms with only one firm submitting a formal written proposal. 6. The proposal amount of $57, 948 and the contractor are acceptable to both the City Engineering Division and Douglass Neuman (who comprises 100 of the improvement district) . FINDINGS OF FACT FOR THE REVIEW OF A PROPOSED CONTRACT FOR THE IMPROVEMENT OF ASHLAND LOOP ROAD CONCLUSION It is suggested that the Council award the contract for the improvement of Ashland Loop Road to Mountain View Rock, Inc. EVIDENCE IN SUPPORT OF CONCLUSION 1. The project has been adequately advertised, statewide. Numerous attempts have been made to gain interest in the project. 2 . To rebid the project would. cost approximately $750. 00 in publication costs, $250.00 in printing costs and $300.00 in staff time. 3 . Without some significant design changes to warrant a decrease in materials and/or work, a rebid almost always results in an increase over previous bids. 4. The single affected property owner, Douglass Neuman, is • in support of the award of contract to Mountain View Rock, Inc. 5. Substantial savings will be in evidence .both to the City and to the improvement district if the Mountain View Rock, Inc. proposal can be accepted. JHO:rm\AWMUDa« PROPOSAL AGREEMENT DATE To .----D. Neuman Development.............................-- - -J n..20--1922 - - - 4240._Hwy. .99...5- -Ashland -OR. 97520...-............................................... Tel.-..4.x.2.-5..7.39......................-- The undersigned proposes to furnish all materials and perform all labor necessary to complete the following: Item Unit n Item Amount pirtee 1 . Site work 5500 2. Excavating and subgrade 4500 3 . Watering 1000 4 . Haul Granite off 1n.n0 7500 5 . A.C. Paving, Class B 380.00 ton 16 - 340 6. Curb and Gutter 6 .00 9600 7 . Standard Curb inlet Basins 3 1350 8 . Bubbler Basin 1 son 9 . Storm Sewe=-12" PVC 03034) 450 77nn 10. Storm Sewer-12 RCP 1nOR 11 . Boulder Support ones 12 . Adjust Valve Box 750 Total Amount of Bid 56 , 14R Rock clause if can be done with rnrk hammer himirly rate 120 00 hr No License Fees or Permits included in this nrnn T htS AN of the above work is to be completed in a substantial and workman like manner according to standard practices for the sum of..kitty....Six-.Thaus-and-_11ne._Hundred...Eartg..Eighi(S..Sb.rl/a8....)Dollars. Payments will be made each._.I.e kl y_..... as the work progresses to the value of._LO. .O.0...down.(.......%) _4 per cent of all work completed. The entire amount of contract will be paid within fi,.L4B f e�'ays after completion. Any alteration or deviation from the above specifications involving extra cost of material or labor will be ex- ecuted only upon written orders for same, and will become an extra charge over the sum mentioned in this contract. All agreements must be made in writing. The Contractor agrees to carry Workers' Compensation and Public Liability Insurance, to pay all Old Age Benefit and Unemployment Compensation taxes under this contract as required by the United States Government and the State(s) in which this work is performed, and to pay all Sales Tax(es),if any, upon the materials furnished. Contractor.Mountain._Ylex...RaC1C..SAL -__.._.... By NOTE, If the owner is a annual pawn and if.proposed impro,emen"are primarily for his or her personal, family or household purposes,and if the contract price is payable in mare than few 141 iwallnwrrts,and.f it is a prottice of the centrocror to to IcdY estencl consumer credit subject ro a finance large a which is payable in'more than four 141 insrollments, the Publisher sugges"linstaod of Form No.9371 the use of 5-N Form No.1213 and the c ntoonion Disclosure Fans No. 1318; further, it pu"wnt to the TMMin-Lmdirp Act the owner has the Right to Cancel. 5-N Form No. 1324,Notice of Right to Cancel, or eauiwlent should be used; sea also S-N Form No. 1325, Notice of Non-Concellation. ACCEPTANCE You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which the undersigned agrees to pay the amount stated in said proposal in accordance with the terms thereof. Dated.........................................................,19......... X--------------....--------—......................................._..:..-_........ FORMNo.937 C 1985 X.............................•-....................................................... STEVENS-NESSLAWPUBLISHtNGCO. Portland,Oregon 97204 OK ^` r C I T Y O F A S H L A N Dff - ` r C I T Y H A L L F:. J F_• 1 ASHLAND,OREGON 97520 t,= -- - - telephone(mCa 503)t82-3211 March 11, 1992 Mr. Doug Neuman 295 E. Main Street Ashland, OR 97520 RE: Ashland Loop Road Paving Dear Doug: I have received from Dave Barnhart his estimate to complete the work on Ashland Loop Road. He has also indicated that the bonding cost ($1,800.00) is NOT included in the estimate and would be an additional cost. Have you discussed this with him? Is that price still agreeable to you? Please contact me at your earliest opportunity. Sincerely, James H. Olson Assistant City Engineer. JHO:rm�N�ft cc: Steve Hall 1 � April 29 , 1993 City Council City of Ashland 20 E. Main Street Ashland, OR 97520 Re: Objection to Amount of Proposed Assessment for Ashland Loop Road Dear Council Members: Thank you for agreeing to reconsider my objection to the amount of the proposed assessment for Ashland Loop Road. I sincerely appreciate the opportunity to address the City_.Council again on this issue. Most of my reasons for requesting a reduction in the assessment are described in the attached letter to City Administrator Brian Almquist dated April 19, 1993. However, at the last Council meeting, I was unable to address an important additional factor supporting my request. Under Section 13 .20.060.B. of the City's assessment ordinance, the actual assessment for a local improvement cannot exceed l0% of the estimated assessment. Although this provision was only recently added to the assessment ordinance, I understand it represents a longstanding policy of the City. I am the only individual in the assessment district. Thus, I am responsible for shouldering the entire cost of the improvements. These improvements offer considerable benefits to the entire community. Ashland residents now have an all-weather road connecting Morton Street and Terrace Street. The cost to construct the improvements has skyrocketed, and I have absorbed each of the many increases. Originally, when I first agreed to pay for the improvements, I was told that the total cost would be approximately $33 , 000. 00 (including costs for engineering) . Later, the City published an estimated cost for construction alone of $41. 100. 00. However, the lowest bid came in at $68, 100. 00. In order to reduce expenses to the City and me, I agreed to personally solicit additional bids. Fortunately, I was able to find a contractor to perform the work for $57 , 948 . 00. (In so doing, I saved the City $1, 300. 00 in bidding costs per the City Attorney' s estimate. ) The difference between the City's estimated assessment of $41, 000. 00 and the final bid of $57,948. 00 was 41. 34$--far exceeding the City's cap of 10%. However, I again agreed to absorb the additional expenses. City Council April 29, 1993 Page 2 Unfortunately, actual construction costs for the improvements were $65,449. 96. $5, 720. 00 of this amount was due to an error by the City' s contract engineer, Marquess and Associates. (Please see attached memorandum dated September 23, 1992 from Jim Olson. ) Even though I have already absorbed a 41. 34% increase in project expenses, I am willing to absorb the latest overage to the extent it was not caused by someone else's error. I am sure you will agree that it would not be fair to ask me to absorb the costs for the contract engineer's mistake on top of the 41. 34% increase I have already absorbed. Again, the 41. 34°% increase, plus the latest increases, already far exceed the City's 10% cap. If the City wishes to recover the $5, 720. 00 in additional costs for the engineering error, it seems that it should seek recovery directly from the individual (the contract engineer) who made the error. It certainly does not seem fair to make me pick up this expense on top of the huge increases I have already absorbed. Thank you again for your consideration. Sincerely, Douglass Neuman 0 The Daily Tidings April 29, 1993 To the Ashland City Council: We are requesting placement on the upcoming City Council agenda to . discuss the Tuesday, April 27, 1993, meeting of the City Planning Com- mission, which our legal counsel has advised us was in violation of the state open public meetings statute. Our reporter was barred from the meeting when its status was abruptly changed from a study session to a retreat in order to discuss matters that are within legal bounds for media attendance. We believe this expulsion was inappropriate under city public meeting precedent, illegal under statute, and contrary to the best interests of the citizens of Ashland. We are seeking an amiable resolution to this matter, which would include access to minutes or tapes of the meeting, or some other satisfactory re- creation of the proceedings, and that the Planning Commission be in- structed to avoid this violation of statute in the future. Sincerely, J. Michael O'Brien Daily Tidings Publisher 1661 SISKIYOU BLVD. / P.O. BOX 7 / ASHLAND, OREGON 97520 / (503) 482-3456 City Attorney City of Ashland (503) 482-3211, Ext. 59 MEMORANDUM April 23, 1993 TO: The Mayor and Council FROM: Paul Nolte SUBJECT: Attached Fire and Building Code Ordinances The attached ordinances to amend the existing fire and building codes are,being sent. to you at this time pursuant to Article X of the municipal charter. This charter provision permits reading the ordinance by title only when council members are provided a copy one week in advance of the meeting. Attachments (2) cc: Brian Almquist Don Paul Mike Broomfield John McLaughlin Nan Franklin Is:\counciIWirebldg.meml r , ASHLAND FIRE DEPARTMENT MEMORANDUM April 22, 1993 TO Mayor Cathy Golden and City Council FROM Keith E. Woodley, Fire Chief SUBJECT Adoption of 1991 Uniform Fire Code The Ashland Fire Department is currently basing its code requirements on the 1988 Uniform Fire Code. This edition of the code is antiquated and has been superseded by the new edition. Fire safety issues currently facing the City of Ashland necessitate the adoption of the most recent code addition to ensure adequate fire safety in the community. Of interest to the Council would be any modifications to the current code that will have impact on the level of code enforcement in the city. Attached to this memo please find a list of those elements and a brief discussion of their focus within the code. The section of the proposed code which addresses water requirements, has been re-written to allow additions on structures in areas where fire flows are marginal or inadequate. However, the siting of new structures in these areas would necessitate improvements to the water system, or the inclusion of an automatic fire sprinkler system within the structure. h: \adopt.ufc ASHLAND FIRE DEPARTMENT 1991 UNIFORM FIRE CODE ADOPTION The following sections of the Uniform Fire Code have been either added, or modified from the current adopted code: 25.401 Added new section for the regulation of Outdoor Carnivals and Fairs. 52. 101 Added new section for the regulation of Plastic Manufacturing Facilities. 78 . 300 Added new section for the regulation of Pyrotechnic Special Effects Material. 88. 100 Added new section for the regulation of Aerosol Products. Appendix I-D Added new section for existing buildings for Fire Prevention Guidelines for Haunted Houses and similar temporary Installations. Appendix I-E Added new section for existing buildings for regulating Adult Foster Homes. Appendix I-F Added new section for existing buildings for Requirements for Group SR Occupancies (Residential Care) Appendix II-F Added new section for special hazards with Above Ground Storage Tanks for Motor Vehicle,Fuel Dispensing Stations. Appendix IV-B Added new section for special combustion hazards regulation Christmas Trees. Appendix VI-E Added new section for information on Recommended Separation Distances for Explosive Materials. AMC 15.28. 140 Changed fee structure for service outside of city. ORDINANCE NO. AN ORDINANCE AMENDING THE FIRE PREVENTION CODE, CHAPTER 15.28 OF THE ASHLAND MUNICIPAL CODE ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE LINED THROUGH AND ADDITIONS ARE 0400.A. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 15. 28 is amended in its entirety to read as follows: Chapter 15. 28 FIRE PREVENTION CODE sections: 15. 28. 010 Adoption of Code and Standards 15. 28 . 020 Establishment of Fire Pr-eventkar, icaa ties. ....................... 15. 28 .030 Definitions 15. 28 .040 Above Ground Storage of Flammable or Combustible Liquids 15 .28. 050 Storage of Liquid Petroleum Gas Restricted 15.28.060 Storage of Explosives Prohibited 15. 28.070 Amendments to Uniform Fire Code 15. 28 .080 Appeals 15. 28 . 090 New Materials, Processes or Occupancies - Permit Required 15. 28 . 100 Penalties 15 . 28. 110 Severability 15. 28 . 120 Firefighting Outside City - Authorized 15. 28 . 130 Firefighting Outside City - Resources 15. 28. 140 Firefighting Outside City - Assessment 15 28 010 Adoption Of Uniform Fire Code And Uniform Fire Code Standards. There is hereby -.a.._ ted by the Gity ..F—Ashland fee nede and Standards knewn as The Yoll.c�yrinq Gods and standaxcis a ado�ster3 as a ;part o this ;chapter; The 1,991" editlom, af the Unlform Fire COde," Including ndix appsndlce$ I-A I-C I D I E I F ' II-A II-B II-F IIZ-A, ZIZ B, TTT=C, IV-$,. V-A, V=B, VT-A, VI-B, VI-C, VI-D, VI-. E,; and the 191 edit14n cf :the Uniform Fire Code Standards published by the Western Fire Chiefs Association and the International Conference of Building Officials, being save any except such portions as are hereinafter- deleted, modified or amended by Section 15. 28 . 070 ef this a_ ih"c filed h effiee F the le k e f the Gity of Ashland and the saffte are hereby ..a.... ted and ^ +- i t... a at length herein nd F, rdat whieh this i_sha PAGE 1-ORDINANCE (p:ord\rtm4 de.=o) t ti a- a nshl d one CC+p', i stand rds shall be Pzled in:: the office of the t' ty� eord . mYOi (Ord. 2645, 1991). - 15. 28 . 020 Establishment of Duties--&° °A. The Uniform Fire Code shall be enforced by the bureau ef firee preventien the Fire Department of the City of Ashland which-=s hereby established n which shall be operated under the supervision of the Chief of the Fire Department. B. The Firp Marshal ehar-ge e f the bureau shall be appeinted by the F-Jrree Chief ef the GAY of Ashland en Y Fire partmca ma detail such EB. The Fzre Chief ____ _ Y members of the Fire Department as inspectors as shall from time to time be necessary. The Fzre Chief ef the Fire shall recommend to the City Administrator ef the "it" of Ashlanel the employment of technical inspectors who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the Fire Department, and appointments made after examination shall be for an indefinite term with removal for cause. 15 . 28 . 030 Definitions. A. Wherever the word "jurisdiction" is used in the Uniform Fire Code, it is the City of Ashland. Wherever the words "Chief of the Bureau of Fire Prevention" are used, they shall wp — �mean "Fire Marshal " Wherever the wards "Sur�au,.aE Fire l�reveritiop": axe used, they she3 �nen" "Fi7e Llepartment " 15 28 040 Above-ground Storage of Flammable or Combustible Liquids. The limits referred to in Section 79. 501 of the Uniform Fire Code in which the storage of flammable or combustible liquids is restricted are he-r-�established as follows: All City of Ashland residential and historical district areas as defined in the Comprehensive Plan. 15 28 050 Storage of Liquified Petroleum Gases - Restricted. The limits referred to in Section 82 . 103 (a) of the Uniform Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby--established as follows: All City of Ashland residential and historical district areas as defined in the Comprehensive Plan. 15 28 060 Storaae of Explosives - Prohibited. The limits referred to in Appedax v ' ',:< ` "' �of theUniform Fire Code, in which `'stofaco of explosives and blasting agents is prohibited, are hereby established as follows: All areas within City of Ashland limits. PAGE 2-ORDINANCE (p:od\fieode.=o) 15. 28 . 070 Amendments to the Uniform Fire Code. The Uniform Fire Code is amended and-ehanged--in the following respects: A. Beet i R n 10-391 (e) ! Delete sabseetien (e) , (1) , , entirety and r new subseetien (e) as 5ectiort 1A ?'Aelete 7--7 sef�on 'and replace with the fallaw� xg: "An approved water supply capable of supplying the required fire flow as determined by Appendix III-A of the Uniform Fire Code shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed. When any portion of the building protected is in excess of 150 feet from a water supply on a public street, as measured by an approved vehicul, route afrom the viater supply ;tfl the exterior "of the building, there shall be provided on-site fire hydrants and mains capable of supplying the fire flow as required by Appendix III-A of the Uniform Fire Code. Such fire hydrants shall be accessible for use by fire apparatus. " B. Section 34 . 166 (a) 14 1O8 (a) : Delete entire parag aphsectl©n and replace with the following: "All required fire alarm, detection, and extinguishing systems shall be inspected by a qualified technician and maintained in accordance with the Uniform Fire Code and NFPA national standards. When inspection, testing and maintenance is performed, the -technician will attach a tag or certificate to the system control panel indicating (1) work performed, (2) date of work performed, and (3) identification of party performing work. " C. Section 49 . 115 73.11d',is deleted in its entirety. D. Appendix III-A{4}(5} : Replace the --` --`-ne entire era ra`h a as follows: . . "Notwithstanding,- the requirements in Appendix III-A of the Uniform Fire Code, within the City of Ashland,- the minimum fire flow and flow duration requirements for one and two- family dwellings having a £ire area which; dges trot excescl 3,&00 square feet shall be 750 gallons per minute Fire £law and law duratiat far dwellings havit�c a f re area art excess of 3,8Ot5rsquare; feet shall not be less than that spec�.fserl �,n Maple Na > A Ill.-A 01F.3LCE8`�'�ONS' 1 :' A reduction' in required `£3.re £ldw af', 5U percent; as approved; hy the chief; zs aYit�wed when:.: the 'bua.lda.r�e� as pxgvided with `an appravetl autamat> C.: flre spr�n€ler system 2 Ald�tiars ta 'dwellings existing an the date thisi provision is adapted shall be permitted regadless ai: whether:;the minimum fire flow and;: £law cluratxard requirements are;:7net unless trie addition�ereates :a new dwelling unst or the dwelling and the addit�an have a: PAGE 3-ORDINANCE (p:ordkfi=ode.mo) firearea it excess of 3,500 squats feet. 3 , �temode�.s; of dwellings; exist.�ng An tha date this%provision is` aclopted shall be permitted regardless Olt Che size pf the dwelling unless tihe rema el increases the fire area .to the:; extent that the dwelisni plsthe, incrsase: have a fire ;area �n excess of 3�6Ot1 square f�:et. E. Section l0 2flq (d� Dead £T1d5: Change 150 feet in length to 250 feet in length F 5ec•""titan 162O4(b} Replacs entire sentence as follows Dire. apparatus access roads shalx be dzsagnedand Maintained to support,>up ta,. 44,DO0 lbs. grass vehicle weaght and shall be p�avided w$.th .a surface sa .as, to ptpvidel all wr�ather �3x�,vin capabilities. _ Section 21.:.201 Delstein its entzrsty.; w Ti' Section 11".202 Dslet sn its entirety T' Section Ii,' 2O3(a} Replace the first sentence as folio*�Ts. psxmisson to Uurn shall be in aocordattce with xshlarid Mt�ncipal Code chapter 1tl 3fl Z Section 77` 101 ilotwithstandnq the exceptions listed in th�.s section, �.he sale of Mass cexplosive materials �s prohibited within the City of Ashland. K Appendix SIT-C, 3(a� : Replace entire sentence as follos Test af;l, systems or devaces ;xegulated hsre�n shall be :aoi'tducted annually or wrien an inspection bythe chief indicates that :#here is reason to 'believe:: thaf the system or. devicer xrnuld :fa�,l to gperateproperay in an emergency.` � _ _ " 15 28 . 080 Appeals. Whenever the Chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the Ashland Appeals Board within 30 days from the date of the decision appealed. 15 28 090 New Materials Processes or Occupancies - Permits Required. The Building Official, the Chief and the Bureau ef Fire n..,..vent= -- dir' e Marshal shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required in addition to those now enumerated in said code. The Building Official, in accordance with Section 105 of the Uniform Building Code, shall record and enter in the files of the a *e- building department: any action granting approval of new or alternate materials. PAGE 4-ORDINANCE (p:ood%r=ole.=o) 15 . 28 . 100 Penalties. A. Any person who shall violates any of the provisions of this chapter, Ctie Unifoxm F lXe.e Code or U61f. Fire Code Standards hereby as adopted in this chap ter-er e mp-y �, ere%-F3th, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Ashland Appeals Board or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a m _sdeme _.. �,owolat'iori punishable by a fine as set forth in Ashland Municipal Code, Section 1. 08 . 020. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue: and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense. B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. 15 . 28 . 110 Severability. The Gity =_° Ashland hereby deelares �- f that should any section, paragraph, sentence or word of this ordinance or of the Code or Standards hereby adopted be declared for any reason to be invalid, it is the intent of The City of Ashland that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. 15 28 120 Firefighting Outside City - Authorized. In accord with ORS 476. 290, the Fire Chief or his/her representative is authorized to extinguish uncontrolled fires that are found to be burning in unprotected areas situated outside the boundaries of the City and that are causing or may cause an undue jeopardy to life or property if, in the opinion of the Fire Chief or his/her representative, such fire is causing or may cause an undue jeopardy to life or property. (Ord. 1698 Sl, 1971) 15 28 130 Firefighting Outside City - Resources. In extinguishing a fire pursuant to Section 15. 28 . 120, the Fire Chief or his/her representative may employ the same means and resources used by them to extinguish similar fires within the City. (Ord. 1698 S2 , 1971) 15 28 140 Firefighting Outside City - Assessment. Whenever a fire is extinguished or attempted to be extinguished by the; flre departmznt Outside the City of Ashland' pursuant- `e the owner of the property involved in such fire shall be viiied- 44y; for the cost of providing such fire suppression service, a-m'-n'mum fee e€ $250. 00 and PAGE 5-ORDINANCE (p:ord%rmcode.mo) serviee shall be ate standardized Gests •`-'..,mss as follows: A. One hundred fifty q ($150 - 00) fer eaeh pieee ef For the fst . ....., ..... ti�ur crr fraction thereof.' 7., ,;, Pnxaper appar;�tus $250';.00/hauz 2. ': gush:;apparatus $100€ 00/hour �.�.: Resou�;�tandby �10o.DOjhau3C 4 staff:vehicle $ 5(1! DOjhour For eackrzecesf apparatus.,per hour foll p yraent !!shall be oi� s rao� anal basis to the eaxest; �.5 ma, s B. !\ a ($159- 99) r rer --i� a7fter the first r: Personnel cost shall beactual, cost ?sth a Ium.;;gharrecane ency, p7 upepsot� pend,: to bpen, m�.nut�ars of servzce. 1 \. eu N \ _ ehar-ge is G. Ten serviee at the seene F the fire efnPrIeney 1 l ..Q en a fraetienal basis after the first r o s. Gee 1698 S3 ,Y!97! not �Terserv�ee—� SECTION 2. Classification of the fee. The fee specified in Section 15 . 28 . 140 as set forth in Section 1 of this ordinance is classified as not subject to the limits of Section lib of Article XI of the Oregon Constitution (Ballot Measure No. 5) . PAGE 6-ORDINANCE (p:ord\enca+a..o) . 1 ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 15. 04.010, 15. 04.090, 15. 04. 100, 15.04. 192, 15. 16.200, 15. 16.360, 15. 16.370, AND 15.36. 010 AND REPEALING SECTIONS 15. 04.040, AND 15. 04.080 OF THE ASHLAND MUNICIPAL CODE RELATING TO BUILDING AND OTHER SPECIALTY CODES. ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE LIKED-THROUGH AND ADDITIONS ARE ,SHADED. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: (Words lined `_hreu g` are deleted and shaded words are added. SECTION 1. Section 15. 04 . 010 of the Ashland Municipal Code is amended in its entirety to read as follows: 15. 04 . 010 Code Adoption. A. The following codes are adopted as a part of this chapter and are further referred to in this title as "the specialty codes" . 1. 199-3 Oregon 1999 Structural Specialty Code as defined in Oregon Administrative Rule 918-460-010. 2 1;92: Oregon State Plumbing Specialty .Code as defined in Oregon Administrative Rule ..918-750-010. 3 . 1993: 989 Oregon Mechanical Specialty Code as defined in bregon Administrative Rule 918-440-010. 4 . 2953 Oregon 1999 One and Two Family Dwelling Specialty-Code as defined in Oregon Administrative--Rule 918- 480-000. 5. Electrical Specialty Code as defined in Oregon Administrative Rule 918-290-010. B. The following codes are adopted as a part of this chapter except those portions of these codes which conflict with or overlap the specialty codes. 1. 1991 edition of the Uniform Code for Abatement of Dangerous Buildings, as published by the International Conference of Building Officials, a copy of which is on file with the Building Official. 2 . 1991 edition of the Uniform Swimming Pool, Spa and Hot Tub Code, as published by the International Conference of Building Officials, a copy of which is on file with the Building Official. 3 . Chapter 70 of the Appendix of the 1988 5; edition of the Uniform Building Code, as published by the International Conference of Building Officials, a copy of which is on file with the Building Official. SECTION 2 . Section 15. 04 . 090 of the Ashland Municipal Code is amended in its entirety to read as follows: PAGE 1-ORDINANCE (p:md\bd-91mo) � ^ 15 . 04 . 090 Building Permits Generally. Permits shall be obtained as required by the specialty codea. General contractors shall obtain all permits for a given job at one time. No building permit that would result in the 000stznotino of new structures, or the enlargement or change in use of existing structures shall be issued prior to the presentation of - Ili V11it y pp zening perm±;Eplanhing' ,ac ion.,.:appr0"1 shall be issued by the designee: "::aRa shall verify that the Planning Dire a contemplated project is in accord with all applicable zoning and planning regulations. It shall also set forth any special conditions to be met by the applicant prior to issuance of a Certificate of Occupancy or any other planning and ..n^^^g ^.^~..~ ..n~^.^.n~ to be -^^^,^-__ by the __--_--g Official. The issuance and continued validity of any building permit issued by the City of Ashland shall be contingent on compliance by the applicant with all applicable city, county, state, or other regulations. on properties or in areas designated to be of significant historical value or interest applications for building permits, not requiring review by the Planning Commission pursuant to Title lV of the Municipal Code, shall be referred to the Ashland Historic Commission for review and recommendations, who shall have a period of time not to exceed seven days to complete such review and recommendations. SECTION 3 . ` Section 15, 04 , 100 of the Ashland Municipal Code is amended in its entirety to read as follows: Required.15. 04 . 100 Inspections Inspections shall be called for and made as provided in the . The general contractor will notify the Boildiog icial when ready for inspections as listed on the _ inspection card. Inspections will be made within feur (24-� hours after ktatt notification, Saturdays, Sundays and Holidays e SECTION 4 . Section 15.04 , 192 of the Ashland Municipal Code is amended in its entirety to read as follows: 15. 04 . 192 Location of Electric Meters. In conjunction with the construction of new residential structures, electric meter bases shall be installed no the side of the structure, nearest the City's service point and nearest the front of the structure as practicable, unless an alternate location is approved bv the Director of Utilities. on oocoec lots, � the meter base^ may be located on the rear of the structure, nearest the City's service i t and nearest the aide street � as P&CD 2-OBDI0&NClI wurd\bd*3.=w dzscannectzng means at<-the closest po�,nt ,qf entry as %f�sc,7ribed in Nai*�.ana�. �Teatr�aa� t~a�e Art�cl� 23t7 't45 ; SECTION 5. Sections 15 . 04 . 040 (Fire Zones) and 15 . 04 .080 (Unsafe Buildings) of the Ashland Municipal Code are repealed. 3� 0 F#re genes r-dane with the r a .i F..... w;�• . the State T 1:5 04 080 FIfl izdina Building SECTION 6. Section 15. 16. 200 of the Ashland Municipal Code is amended in its entirety to read as follows: 15 16 200 Gas pipe installations. All gas pipe and fittings shall be black steel, wrought iron or galvanized pipe complying with the American Standard for such pipe in ASA B36. 10 - 1950. Exception: Connectors may be used as specified in the Uniform Building Code, I94&.j 9f Edition. SECTION 7 . Section 15 . 16. 360 of the Ashland Municipal Code is amended in its entirety to read as :follows: 15 16. 360 Exemptions. A. Railroad, electric or communications public utilities, and state and federal buildings are exempt from the permit requirements of this chapter for plumbing work performed or installations made in the exercise of their function as utilities when located outdoors or in buildings used exclusively for that purpose. B. state ewned under siapervisien shall net be reqeired Ace have plidnbinj-perffi�- The Gity reserves the right t r SECTION 8. Section 15. 16. 370 of the Ashland Municipal Code is amended in its entirety to read as follows: 15 16 370 Labor by owner. Nothing in this chapter shall prohibit any person from doing plumbing work in a single family dwelling used exclusively for living purposes, including the usual accessory buildings, where such person holds title to or is the land sale contract purchaser of such property, and where such person occupies said premises, and where such person purchases all material and personally performs all labor in connection therewith. Nothing herein shall be construed to excuse such person from complying with any of the construction standards required by this code The statement required by 0125 7451 655(4} shai2 k3e submitted ari ,a� stag of orec�on ±�onstruc�ion contractors 8oarcl form PAGE 3-ORDINANCE (N:ord\bd-93.mo) prorjto%installation ";under -this proufsiori.2 SECTION 9 . Section 15 . 36. 010 of the Ashland Municipal Code is amended in its entirety to read as follows: 15. 36. 010 Numbering--Required--Generally. All entrances from the public streets of the City to buildings shall be numbered as hereinafter provided iT#;; the s ehaptextu?t�bers anal letters shall meet; all agplicakle szgnage requirements " o'f chapter 3l of the Oregon Structural S ec'i I ' Code ! '. PAGE 4-ORDINANCE (p:ord\bd-97.mo) 5ES 6I 5 -9:= 8? 6 2 _ 37M BALL. J \I K.& \0VACK- 503 _ BALL, J A N I K 6 N O V A C K ATTORNEYS AT LAW 11N� M.IN OInGE 101 S.w, MAIN STREET. QUITE IIOU 10'. ✓.pp0., 101 aE.n PORTLAND, OREGON 97200-327a 7ELEv-ONE(503) 226-2525 -IaGn L' .''uc1-r' Gp TELECOPY 19 031 2 9 5-1y50 Te. el,xl veJ-o i•s May 4, 1993 Ashland City Council 20 East Main Ashland, OR 97520 Re: Ashland City Planning COmm9_ssion "Retreat" Dear Council Members: Last week, I had an extended discussion with Mike O 'Brien, publisher of The Daily Tidings and then follow-up discussions with City Attorney Paul Nolte and Marla Rae of the Attorney General ' s office about the recent Planning Commissior) "retreat" . This "retreat" was held in a totally closed session of the Planning Commission. Mike O'Brien has involved me because my legal practice includes representation of a number of the state ' s newspapers. I also have been legal counsel to the Oregon Newspaper. publishers Association since 1974. Apparently, the justification for the totally closed retreat session was based upon a hypothetical question and answer found in the Attorney General ' s Public Records and Meetings Manual . There is no statutory reference to "retreats" in the Public Meetings Law. If retreats can occur, they are legal only under very limited circumstances. The subject of a retreat cannot include any matters concerning the specific operations or the business of the public body which is holding the retreat. Rather, a retreat can only be appropriate for discussion of general government policies and procedures, e.g. , a general discussion of how the Planning Commission operates or the ordinance provisions relating to the Planning Commission ' s duties. It is my understanding that the recent Planning Commission retreat involved the use (or intended use ) of a mediator or facilitator leading a discussion of differences in style and attitude among Planning Commission members in connection with the Planning Commission' s hearing and decision- making process . That type of session is not appropriate for a retreat, nor even appropriate for executive session. It should have been an open, public session of the Planning Commission because it would involve a discussion of how this specific group of Planning Commissioners conducts business and makes decisions. In discussing the retreat situation with Ms. Rae, who for several years has fielded public records and public meetings questions for the State Department of Justice, she concurred with _1 >f=�T 8?- 3-93 : 2:57PNI BALL. JA''I K.L NOV 1CK- 503 182 H,88-;: :=; .1 BALL, J A N I K & N O V A C K Ashland City Council May 4, 1993 Page 2 my analysis. She expressed two particular concerns: ( 1 ) the precedent set by the absolute closure of a public meeting in a public place by a quorum of a city agency and ( 2 ) her skepticism over whether the discussion at such a totally closed session was (or could be) confined only to general government topics . After talking with Ms. Rae, I contacted Mr. Nolte. I believe that Mr. Nolte likewise shares these same concerns about the Planning Commission's closed, retreat session. Unfortunately, there apparently is no tape recording nor any minutes of what was discussed at the retreat session, it is unlikely that anyone outside the Planning Commission will be able to determine the nature of the full discussion at that session, even if Planning Commissioners now provide notes or a recitation of what they recall about the retreat. By calling the session a retreat, it is apparent that there was an over-riding intent to avoid the requirements of the Public Meetings Law_ I have discussed this analysis with Mike O 'Brien, who I understand will appear before the Council this evening. Having appeared before numerous local government bodies throughout my legal career, I can understand why the Planning Commission might be uncomfortable in discussing sensitive topics in public session. Nevertheless, to discuss them under the cloak of total secrecy is illegal . It deprived the public of its opportunity to understand what problems the Planning Commission is having, the apparent causes of those problems and the degree to which the City believed it was necessary to bring in outside assistance to deal with those problems. The taxpayers and voters of Ashland have a right to observe, firsthand, how all public bodies of the City of Ashland function. That is the over-riding standard of the Public Meetings Law. That is why the retreat which the Planning Commission held was clearly wrong under the Public Meetings Law. Sincerely, �`L �, �- ( kk Jack L. Orchard CC: Mike O 'Brien Paul Nolte JL0/c1-/bJN/A.Qalld.504 v OF ASV �' � Emarttn �fixm ' .04[GO� .�: April 5, 1993 a: Mayor and City Council r ram: 11 Rob Winthrop, Councilor 11��QC1: Auto Confiscation ordinance As you may be aware Gresham, Portland and some other jurisdictions have enacted ordinances which would either impound or confiscate vehicles in cases of repeated drunk driving convictions or driving without insurance. After the tragic accident last November which placed Angela Barber in a coma, I asked our distinguished City Attorney what we might be able to do along these lines. He has done some preliminary research. Before asking him to take more time on this matter, I would like to know if this general approach is something the Council is willing to consider. Since I cannot be at tonight's meeting, which should simplify matters, perhaps you could give some sense of direction to Paul on this issue. cc: Brian Almquist, City Administrator Paul Nolte, City Attorney (dAco cilVob\zut m.Ord)