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HomeMy WebLinkAbout1994-0201 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 fill out the Speaker Request form located near the entrance to the Council Chambers. The Chair will recognize you and 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 MEETING ASHLAND CITY COUNCIL February 11 1994 I. PLEDGE OF ALLEGIANCE: 7:30 P.M. , Civic Center Council Chambers II. ROLL CALL III. APPROVAL OF MINUTES: Regular Meeting of January 18, 1994. IV. SPECIAL PRESENTATIONS AND AWARDS 1. Watershed Health Issues by Director of Public Works Steve Hall and Councillor Rob Winthrop. V. CONSENT AGENDA: 1. Minutes of Boards, Commissions and Committees. 2 . Departmental Reports - January, 1994. 3 . Mayor's Request for Appointment of Greg Williams to Ad Hoc City Hall Spaces Needs Study Subcommittee. 4. Mayor's Appointment of Sharon Dvora to Tree Commission for a term expiring April 30, 1996. VI. PUBLIC HEARINGS: (Must conclude by 9:30 p.m. ) 1. Continuation of public hearing on appeal of a decision of the Planning Commission approving a building permit at 635 Thornton Way, based on solar access and lot width/depth (Applicant: Don Johnson, Appellant: Maralee Sullivan) . 2. Proposed 3-year serial tax levy for youth and community activities. VII. PUBLIC FORUM: Business from the audience not included on the agenda (limited to 3 minutes per speaker and 15 minutes total) . VIII. UNFINISHED BUSINESS: 1. Memo from Public Works Director relative to bid results on odor control project. i IX. NEW AND MISCELLANEOUS BUSINESS: 1. Revision of time change for Council meetings. i_ X. ORDINANCES, RESOLUTIONS AND CONTRACTS: 1. First reading of an ordinance amending Section 9.16. 060 of the Ashland Municipal Code to exclude dogs in the plaza. n 2 Reading by title only of a resolution setting a public hearing on ` l the Oak Street Block local improvement district. A . Reading by title only of a resolution dedicating Oak Knoll Golf 5p' _ Course for Parks and Recreation purposes. I XI. OTHER BUSINESS FROM COUNCIL MEMBERS i XII. ADJOURNMENT Gw,5 �� RESOLUTION NO. 94- A RESOLUTION CALLING A SPECIAL ELECTION ON MAY 17, 1994, IN THE CITY OF ASHLAND FOR THE PURPOSES OF SUBMITTING TO THE VOTERS OF THE CITY A MEASURE FOR A THREE-YEAR SERIAL-UNIFORM AMOUNT LEVY TO PROVIDE FUNDS FOR THE OPERATION OF YOUTH ACTIVITY PROGRAMS, WITH THE LEVY TO BE ASSESSED BEYOND THAT NOW AUTHORIZED BY ARTICLE XI, SECTION 11, OF THE OREGON . CONSTITUTION. A BE IT RESOLVED BY THE CITY OF ASHLAND AS FOLLOWS: SECTION 1. A special election is called to be held in the City of Ashland, Oregon, on May 17, 1994, at which election there shall be referred to the voters for their adoption or rejection the following proposed measure: CAPTION: ASHLAND YOUTH ACTIVITIES THREE-YEAR SERIAL LEVY. QUESTION: Shall City levy $970,000 per year for three years outside the tax base for operations beginning in 1994-95? EXPLANATION: This measure authorizes the City of Ashland to levy a maximum amount of $970,000 per year for three years. The measure will provide funds to continue several programs for Ashland School District students, grades kindergarten through twelfth, which may be eliminated or reduced because of Ballot Measure Five. Various programs will be funded at the elementary, middle and high school levels including athletics, band, brain bowl, choir, debate, drama club, musical performances including choir, orchestra and children's strings, student annual and newspaper, and vocational, marketing and business clubs. The levy also includes a portion for community activities. Student programs will be conducted by the Ashland School District through an agreement with the City of Ashland Park and Recreation Commission. Community activities will be conducted by the Park and Recreation Commission. The estimated rate to raise this levy is 98 cents per thousand dollars of true cash value of taxable property. The estimated tax cost for this measure is an ESTIMATE ONLY based on the best information available from the county assessor at the time of estimate. The tax levy is subject to the other governmental limits of Section 11 b, Article XI, of the Oregon Constitution. SECTION 2. The city recorder is requested and directed to give due notice of such special election as.provided by law. This resolution was read by title only in accordance with Ashland Municipal Code § 2.04.090 and duly PASSED and ADOPTED , 1994. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of 1994. (p:achoo1\ba1-594.ba1) Catherine M. Golden, Mayor CITY OF ASHLAND CITY HALL Jq ASHLAND,OREGON 97520 telephone(code 503(492-3211 January 26, 1994 e Jackson County Commissioners Courthouse, Room 200 Medford OR 97501 Ric Holt, Hank Henry, and Sue Kupillas: The City of Ashland is proposing a $970,000. 00 three-year serial levy to our voters in May 1994. It is the City's intention to levy the full $970, 000.00 in each of the three years. The 194-95 tax rate is 98 cents per thousand dollars of assessed value, based on a projected valuation of $991,435, 473. This projection assumes a five percent increase in assessed valuation of the City. The total estimated City tax rate subject to the Ballot Measure Five limitation is $3 . 64 based on the updated valuation. The purpose of this levy is to fund Ashland Youth and Community Activities. The City Council of Ashland has scheduled a special public hearing for the purpose of communicating the effect of the proposed increase in current tax levy authority on other units of local government as required by ORS 310..186. The hearing will be held on Tuesday, February 1, 1994, at 7:30 p.m. , in our Council Chambers at 1175 East Main Street. If you do not wish to attend the public hearing, we would appre- ciate a written response from your agency prior to the date of public hearing. Sincerely, Jill Turner Director of Finance cc: Mayor and Council °FAS"`�a Aemorandum p4E6Gt� January 14, 1994 d- Honorable Mayor and City Council rIIm: Rhonda Moore, Executive Secretary �lt�2jPtt: Continuation of public hearing on appeal at 635 Thornton Way FYI: It was decided at the 1/4/94 meeting that the packet information on the above item would not be distnbutad when the appeal was continued to the 1/18/94 meeting. The you received in the 1/4/94 pwkA would be kept and referenced at the continuation hearing. C �� HOWSER & MUNSELL PROFESSIONAL CORPORATION �cH.�y l ��+� �') J 'L ATTORNEYS AT LAW THOMAS C. HOWSER p...� GLENN H. MUNSELL 607 SISKIYOU BOULEVARD POST OFFICE BOX 6AO ASHLAND. OREGON 87520 JUDITH H. UHERUELAU* MICHAEL H.H. WELLS 15031 482 1511 15031 482.2621 SCOTT A NORRIS i FAX 15031 7735325 *.L.0 ADwTTED IN C6MFORNIA OF COUNSEL RICHARD C. COTTLE January 14 , 1994 /EMain Council reeton 97520 In Re Maralee Sullivan, Appellant Ashland Planning_ Action 93-128 Our File No. 9357 Dear City Councilmembers: Enclosed herein you will please find a copy of the Appellant's Supplemental Hearing Brief which is being submitted for your review in advance of the hearing scheduled 'for Tuesday, January 18, 1994 , at the hour of 7 : 30 o' clock P .M. Sincerely, HOWSER & MUNSELL, P/o ssional Corporation Kathy Neer , Legal Assistant : kn Enc. CC: Maralee Sullivan Donald J. Johnson, O.D. JAN BEFORE THE ASHLAND CITY COUNCIL i In Re ) Ashland Planning Action 93-128 Maralee Sullivan, ) APPELLANT'S SUPPLEMENTAL Appellant. ) HEARING REPORT ) INTRODUCTION Appellant's written arguments before the Planning Commission are part of the record and are to be considered for Ashland Planning Action 93-128. This report is- for supplemental purposes and to specifically address the Findings , Conclusions and Orders dated 10/26193 . LAND USE DECISION The Planning Commission concluded that the Planning staff did not make a land use decision when it issued a building permit for the single family residence at 635 Thornton Way. This decision was based upon a finding that the staff did not use„ discretion in its determination, but had followed clear and objective standards in the issuance of the building permit . ORS 197 .015(10) (b) (B) excludes the approving of a building permit from a land use decision if the permit is approved "under clear and objective land use standards . ” The current form of ORS 197 .015(10) (b) (B) was enacted in 1991; however, LUBA still inter- prets "issued under clear and objective land use stag�a:rds";:fhe same as the Court of Appeals interpreted ORS 197 .015(�q� (b) , the 1 8 JAN ; applicable law prior to 1989 , in Doughton v . Douglas County, 82 Or i App 444 (1986) . See, Heceta Water- District v . Lane County, 24 LUBA 402 ( 1993) . That interpretation is as follows : "The purpose of ORS 197 .015 ( 10) (b) is to make certain local government actions unreviewable. as land use de- cisions , because they are really nondiscretionary or minimally discretionary applications of established criteria rather than decisions over which any significant factual or legal judgment may be exercised. If particu- lar decisions can automatically follow from the existence of general standards which are unaffected by factual variables , the decisions are within, the statute' s scope. " Doughton v. Douglas County, 82 Or App 444 , 449 , 728 P2d 887 (1986) , rev den 303 Or 74 ( 1987) (emphasis added) . Decisions which require the exercise of legal or factual judg- ment have been held on numerous occasions by the Court of Appeals • and LUBA to be land use decisions . What the Planning staff did in issuing a building permit to Dr. Johnson clearly required the exercise of factual or legal judgment . Factual variables did affect the general standards in this decision, thereby resulting in a land use decision. The most important factual variable was the fact that the particular lot includes land both within the City and within the County. The Planning staff argues in its staff report of 10/ 12/93 that the definition of "lot" (18.08. 350) is clear and objective and applies to the whole parcel of land, wherever it lies . (See , p'. 19 of record) It is interesting to note that the staff didn' t think that the definition of "lot" was so clear and objective in the first place. When the staff first approved. the building permit , it approved it by looking only at that portion of the lot lying .within the City. It was only after the appellant notified the staff that she was going to appeal the approval that the staff cent back and revisited the issue and then took the entire lot into considera- tion. (See, pp . 34-36 of record) The definition of "lot" ( 18 .08 . 350 [ 1] ) does not state that a unit of land, wherever it lies, is the "lot" that is defined in 18. 08 . 350. Since the ordinance in question is a City of Ashland ordinance, it is just as likely, if not more so, that the defini- tion applies only to lots lying within the City. In any case, the staff had to make a decision based upon a factual variable, i.e. part of the lot was in the County, that made this a land use decision. SOLAR ACCESS The staff report of January 4 , 1994, concerning this building permit (pp. 17-19 of the record) contains the staff discussion concerning the solar setback. The staff 's position is that the clear and objective standard of the relevant ordinance required them. to look at the northern lot line of Dr. Johnson' s property in determining the solar setback. Appellant agrees that a northern lot line is the starting point, but the issue in this case is what northern lot line is to be used? Is it the northern lot line of Dr. Johnson' s property lying within the City, or is it the northern lot ,line lying outside of the City? Those are factual variables , which the Planning staff had to take into consideration when de- termining the solar setback. It is very important to remember that the northern lot line for the Planning staff when it first approved the building permit was the line between the Johnson and Sullivan property. Again, it was only after the appellant gave notice that she was going to appeal that decision that the Planning staff re- versed itself and then looked at the northern lot line of the pro- perty lying outside the City. The Planning staff also had to have made a decision that 18 . 70.010 was irrelevant. While that decision was not a stated one, it is clear that 18 . 70.010 Purposes and Intent was ignored when it decided to use the northern lot line falling in the County. Municipal Code 18 . 70.010 provides that the purpose of the solar access chapter "is to provide protection of a reasonable amount of sunlight from shade from structures . . . If you take the northern lot line, as finally used by the Planning staff , and apply the solar access to that lot line, you might - as well throw the whole solar access chapter out the window. What sunlight of the Sullivans have you protected when you are looking at a line com- pletely to the north and west of them? (See , Exhibits "A" and "B" attached hereto) . of course, you are not protecting their solar rights at all . The clear and objective standards of the solar access are to be found in all of Chapter 18 . 70, not just an isolated part . R R R R CONCLUSION It is appellant ' s position that. the Planning staA made a land use decision. It is further appellant ' s position that the land use decision to allow a building permit in this case 'was wrong and that the permit should be rescinded. ++ n. Dated this l day of January, 1994. Respectfully submitted, • HOWSER & MUNSELL, Prof onal Corporation By J di H. Uherbelau, OSB #82150 f Attorneys for Appellant aea,te .C. AVVVTTAVT,C CTIVVTVMVVVAT TTVAVYWr VVOnV, wii �� NN bY1� /1/orK+Prw 4cf4";te IJett�r�v¢u, CC( S'tfc' City of Ashland Planning Exhibit EMIEIT S - 3 PA# RISE (O•$-y-I $TI3f LOW f w w r.1 I f f A + •Y/'� .f�• t�1y -�4\1 � tiG4,1^t` ,1R^`�1J o' • �' � 'yt�r��Girt[s �'�l� R " / fy� 1 1 tv i5rr M'i� ll1 f j � 1 f •i� h 44L!f� '�R y�WORT ' ) t- ft LEI C) ..ate I Dear Mayor Golden; Jan:25;1993 I would like to:present myself for consideration as an applicant for appointment to the Street Tree Commission.I recently(1/7/93) wrote you a letter to introduce myself to you and to express my desire to serve in some capacity as a citizen of the City of Ashland. I think that the Street Tree Commission would be an ideal place.for me to be of service. My professional background is in graphic design;a field which I have worked in`u•the last 11 years:I have won a number of Design Awards for my pastwork,and I am looking forward to working in an open studio space at City Art Works,which is opening up Feb:lst on Ma*m Street I think my trained visual,skills will easily transfer and;apply well to the placement and design requirements of landscaping projects.In Los Angeles,where Imoved from this past summer,Iwas involved with a number'of urban environmental groups .T-reepeople,,Heal the Bay, Citizens for a Better Environment and EcoHome. While I am not an experienced and knowledgeable arboristor ` horticulturist,Ihavea strong interest and love for gardening;inparticularxeriscape(drought- , : .tolerant landscapes)and,I-,ani a.stiong advocate.for-creating and sustaining natural urban i landscapes.I am:33"years old' married with three school age children. ; Thank-you for considering me for,appointment to-the,Comm_ission.I look forward to meeting you in the near future. Sin cerely Yours, Sharon Dyora u J 32l'Granite Street .. 7 i t 1 � ✓ l - F r r b i-° �� ' f ,,,, � � Z Y �'P � • , ."� a 1 ( F 1 �`r - ( � ), 1 I ) t , - , 1+ T t +, � ✓ t 'R, is IIF yI ,IYG -�'`oF �h�Q �{ Pmor �zn � nm GREGO, •. January 26, 1994 0. City Council Members rom: Catherine Golden, Mayor UIIie : Tree Commission Appointment There is a vacancy on the Tree Commission. The term of this position expires on April 30, 1996. I would like to appoint Sharon Dvora •to this opening. The following individuals responded to our recent advertisement: Sharon Dvora (letter attached) . David Jacquat Nancy Kerr (c Cam 1AWint.mem) Attachment +oFasy � Memorandum G4EGGd .. January 27, 1994 Council �0. rIIm: Catherine M. Golden, Mayor U�tjEtt. Ad Hoc City Space Needs Study Committee Appointment At the December 21 Council meeting, appointments to the above- referenced committee were approved by you which included Jac Nickels. Jac declined his appointment to the committee. It is requested that you approve the appointment of Greg Williams to this committee. (r.MeymWdHwCom.mem) I Of City 6f Ashland OFFICE OF THE MAYOR 20 E. Main 5bvet Ashland,OR 97520 CATHY(SOLDER nAYOn C505)482-5211 January 20, 1994 Ms.;Martha Pagel;Director rr-Oregon State'Water Resources Department 3850 Portland Road N.E. Salem, Oregon 97310 r- l .„Re: ,South CoasdRogue Basin Watershbd Coincil i;_ _ 3 Dear Ms. Pagel r The City of Ashland requests the Water.Resources Department and:Strategic.Water- Management .Management Group wrejei t the proposal from the commissioners of+Jacimwe1osephine and Curry counties. As we understand their proposal, the commissioners will appoint themselves ' as'alteering committee°to select the watershed council members.c:W6,,bdievediat'the f"proposal:does'not comply with the spirit and intent of•HB 2215 as cities;Ird ation districts, environmental groups, agriculturist or other interested parties have not participated in this process. The City of Ashland has a strong commitment to water issues in the-Rogue Valley and was involved in the establishment of the '2050 Committee' in October, 1990. The 2050 Committee represents a wide diversity of interests including cities, irrigation districts, agriculturists, small farmers, environmentalists, your department, and interested citizens. The intent of the 2050 Committee has been to do as BB 2215 envisions. In the Rogue Valley, we have had a 3 year head start on the process. The 2050 Committee is under the umbrella of the Rogue Valley Council of Governments and staffed by their water quality coordinator, Marc Prevost. The 2050 Committee has invited and had the participation of commissioners and citizens from Klamath, Jackson, Josephine and Curry Counties. The current focus of the 2050 Committee is on Bear Creek water quality and quantity issues with the intent to expand that focus to the Rogue River Basin. I Ms. Martha Pagel January 20, 1994 page'2 HB 2215 specifically requires the participation of local governments: SECTION 2. (31 ..... When.multiple local jurisdictions are involved within an area that would be served by.a watershed council, the WISOINNOM � °,-their respective roles and the appropriate method for appointing members to a local watershed council. SECTION 3. ..... Requests from local watershed councils for state assistance shall be evaluated on the basis of whether; watershedyqueonY ffid the potential to protect and enhance the quality of the The proposal.by die commissioners of Jackson, Josephine and Curry Counties does not fulfill the regnireme Wof HB 2215, particularly in the highlighted areas. As we understand the counties' proposal,-the county commissioners would exercise veto power of the proposed watershed council. Ashland would object strenuously to any such proposal as we believe that would violate the spirit and intent of watershed councils. Thank you for considering our request. If you have any questions or wish further clarification, please contact our Public Works Director, Steven Hall. Sincerely yours, Catherine M. Golden Mayor (e:\WaoWYgd.tG� . cc: City Council Anne Squier, Senior Policy Advisor, Natural Resources, Governor's Office Jackson County Commissioners Josephine County Commissioners Curry County Commissioners Brian Almquist, City Administrator Steven M. Hall, PA public Works Director Marc Prevost,"Waber`Qualit Ab.0,mdim9wi RVCOG Ed Ol son,-Chairtna i 205,0Wninittee r. V .. . s e . v.f. n c�Y • ,_ ��F Mg�� . tJF ASyCq, o o� -OREGON OFFICE OF THE MAYOR CITY OF MEDFORD TELEPHONE(503)770-4432 - M1 2 0 411 WEST 8TH STREET FAX:(503)7704444 Q�jE MEDFORD, OREGON 97501 MEa is ss cnr ALBA. ITALY January 7, 1994 Ms. Martha Pagel, Director y Oregon State Water Resources Department 3850 Portland Road N.E. Salem, OR 97310 SUBJECT: Proposed South Coast/Rogue Basin Watershed Council Dear Ms. Pagel: The Medford City Council wishes to emphasize the importance of complying with the intent and language of HB 2215 in the formation of the voluntary local watershed council for the Rogue Basin and South Coast area. It has come to our attention that the commissioners of Curry, Josephine and Jackson counties have voted to unilaterally appoint themselves to a steering committee that will select the local watershed council. The tentative list of "appointed" watershed council members includes elected people from a variety of groups primarily representing rural areas, as well as representatives from key cities in each county. No representation of environmental groups was specifically shown. As we understand it, it is proposed that this"appointed"watershed council will be advisory only,with the Commissioners'steering committee having the final say regarding what will be presented to the Strategic Watershed Management Group (SWMG) for consideration. The second sentence of Section 3(2) of HB 2215 states "When multiple local jurisdictions are involved within an area that would be served by a watershed council,'the affected local groups shall together determine their respective roles and the appropriate method for appointing members to a local watershed council." The process that the County Commissioners are following clearly does not allow for equal input fronany of the cities in selecting the watershed council. We understand that the SWMG has the final say regarding acceptance of the local recommendations for the watershed council. While the tight time frame imposed by HB 2215 has accelerated the selection of the watershed planning council in the Rogue Basin, it is critical that all affected local agencies have representative inputs to the process. The Medford City Council therefore respectfully requests that the SWMG not accept for consideration any Rogue Basin watershed council appointment recommendations unless they are submitted In compliance with the conditions of HB 2215. We are also opposed to the formation of any watershed steering committee that would reduce the local . watershed council to acting only in an advisory capacity. Sincerely, AJerLausmann, Mayor JLJcvn c: Mary Lou Soscia - WRD Ann Squier - Governor's Office Jackson County Commissioners Josephine County Commissioners Curry County Commissioners I, I 67th OREGON LEGISLATIVE ASSEMBLY-1993 Regular Session C-Engrossed House Bill 2215 Ordered by the Senate July 20 Including House Amendments dated April 19 and Senate Amendments dated July 9 and July 20 Ordered printed by the Speaker pursuant to House Rule 12.00A(5). Presession filed (at the request of Governor Barbara Roberta for Strategic Water Management Group) SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure. ) _ Encourages formation of voluntary partnerships among local, state and federal interests for watershed management Allows creation of local watershed councils. Directs Strategic Water Man- ' agement Group to sale, in creation of pilot watershed action programs using August 11, 1992 re port as framework and guide. Regmres Stra�egt'c atsr Management Group to report annually on implementation of program to appropnata legislative committee. Requires report on pilot projects to 1997 Legislative Assembly. Sunsets December 31, 1997. 1 A BILL FOR AN ACT 2 Relating to coordinated watershed management 3 Be It Enacted by the People of the State of Oregon: 4 SECTION 1. (1) The Legislative Assembly finds that 5 (a) The long term protection of the water resources of this state, including sustainable 6 watershed functions, is an essential component of Oregon's environmental and economic 7 stability and growth; 8 (b) Each watershed in Oregon is unique, requiring different management techniques and 9 programs; 10 (c) Management techniques and programs for the protection and enhancement of 11 watersheds can be most effective and efficient when voluntarily initiated at the local level; 12 (d) Cooperative partnerships between affected private individuals, interested citizens and 13 representatives of local, state and federal agencies may improve opportunities to achieve the 14 protection, enhancement and restoration of the state's watersheds, and 15 (e) The establishment of such cooperative partnerships should be encouraged by local 16 individuals, local organizations and representatives of state agencies. 17 (2) The Legislative Assembly declares that, 18 (a) Voluntary programs initiated at the local level to protect and enhance the quality and 19 stability of watersheds are a high priority of the state and should be encouraged; 20 (b) State agencies are encouraged to respond cooperatively to local watershed protection 21 and enhancement efforts and coordinate their respective activities with other state agencies 22 and affected federal agencies to the greatest degree possible; and 23 (c) State agencies responding to local watershed protection and enhancement efforts are 24 encouraged to foster local watershed planning, protection and enhancement efforts before 25 initiating respective action within a watershed. NOT& Matter to boldraad type in an amended section is new;matter(italic and brachtled)is existing law to be omitted. New section an in boldhead type. . 1.0 967 CEng. HB 2215 1 ' SECTION 2. (1) The Strategic Water Management Group, in cooperation with .the Gov. 2 ernor's Watershed Enhancement Board, -shall initiate a watershed management program 3 . using as a framework and guide the report titled "Proposal: A Watershed Management 4 Strategy for Oregon, Final Report and Recommendations of the Strategic Water Manage 5 meat Group Policy Work Group" and dated August 11, 1992. The program shall include pilot e watershed council projects.The pilot projects shall focus state resources on the achievement 7 of sustainable watershed health within the selected basins. 8 (2) The designation of high priority watersheds, as described in the report referred to in 9 subsection (1) of this section, is intended only as a management tool for state agencies in 10 allocating resources to support coordinated watershed management activities under this Act. 11 Such designation is not intended to establish or confer any right, duty or authority nor to 12 have any legal significance beyond that described in this section. 13 (3) For purposes of this Act, the elected officials representing the appropriate local gov- 14 ernment, such as a council of governments, county commission or city council, within a 15 proposed watershed council area shall determine whether to participate in the voluntary 16 formation of a local watershed council. When.multiple local jurisdictions are involved within 17 an area that would be served by a watershed council, the affected local governments shall i 18 together determine their respective roles and the appropriate method for appointing mem- 19 bars to a local watershed council. 20 SECTION 3. Local government bodies are encouraged to form voluntary local watershed 21 councils in other watersheds following the process described in the report titled "Proposal: 22 A Watershed Management Strategy for Oregon, Final Report and Recommendations of the 23 Strategic Water Management Group Policy Work Group" and dated August 11, 1992. The 21 Strategic Water Management Group is authorized to work cooperatively with any local 25 watershed council that may be formed. Requests from local watershed councils for state 26 assistance shall be evaluated on the basis of whether the requesting organization reflects the 27 interests of the affected watershed and the potential to protect and enhance the quality of 28 the watershed in question. 29 SECTION 4. (1) The Strategic Water Management Group shall report annually to the 30 appropriate legislative committee on the implementation of the management program under 31 section 2 of this Act. The report shall include but need not be limited to: 32 (a) An explanation of the effectiveness and workability of the partnership process de- 33 scribed in the report referred to in section 2 of this Act; 34 (b) A description of any modifications to the process that have been instituted as part 35 of the pilot projects; and 36 (c) Recommendations concerning the need for future legislative action. 37 (2) On or before January 1, 1997, the Strategic Water Management Group shall submit a 38 report on the pilot projects undertaken under section 2 of this Act to the Sixty-ninth Legis- 39 lative Assembly. 40 SECTION 5. Sections 1 to 4 of this Act are repealed on December 31, 1997. 41 I. (2) i i PROPOSAL: A WATERSHED MANAGEMENT STRATEGY FOR OREGON SUMMARY REPORT OF THE SWMG POLICY WORK GROUP Submitted To: The Strategic Water Management Group State of Oregon August 11, 1992 SWMG Policy Work Group Martha Pagel,Co-Chair, Department of Water Resources Beth Patrino, Co-Chair,Department of Water Resources Louise Bilheimer,Oregon Rivers Council Jan Boettcher,Oregon Water Resources Congress Larry Cauble,Oregon'Catdemen's Association Jeff Curtis,Department of Fish aiid Wildlife Dave Duncan;US Bureau of Reclamation Liz Frenkel,Sierra Club 4. - Roger Hamilton,Parks and Recreation Commission Bob Hummel.-US Soil Conservation Service . Earle Johnson,Division of State Lands . i 7i: •-�f'lafi Jim Knight,Department of.Land Conservatron'and Development - Dave Leland,.Health Division David Moon;Water.fonLife. .-- Doug Myers,WaterWatch'of Oregon Tun Myron,WaterWatch of Oregon Representative Chuck Norris,Chair,House Water Policy Committee Tom O'Connor, Oregon Municipal Electric Utilities Gil Riddell,Association of Oregon Counties Fred Robinson,Department of Forestry Susan Schneider,-League-of Cities Ginny VanLoo,Marine Board Phil Ward,Department of Agriculture. Roger Wood,Department of Environmental Quality L Introduction In February 1992, the Strategic Water Management Group appointed a Policy Work Group to address water policy issues and priorities that had been discussed at a workshop held at the Menucha Retreat and Conference Center in January. The work group has developed a proposal for a watershed management strategy' The cornerstone of the strategy is the establishment of watershed partnerships among local residents, state and federal agency'staff, and other citizens interested in the improved management of a particular watershed. -Underlying the strategy is the-basic belief that improved coordination,integration and implementation of existing local,state and federal programs,rather than the creation of new programs,can protect,enhance and restore the state's watersheds. H. Summary Proposal: A Watershed Management Strategy For Oregon The Strategic Water Management Group (SWMG) is identified as the lead state entity for implementing the watershed management'strategy for Oregon. -This choice reflects the need for a coordinating body to facilitate the paiticipation of state agencies in the development of local solutions to resource management issues and needs.DRS 536.108 establishes SWMG's authority to coordinate "agency activities insofar as those activities are related to the water resources of this state." The boards and commissions of the individual resource agencies will continue to serve as policy-making bodies for the agencies; SWMG will coordinate the implementation of these policies for the purposes of the watershed management strategy. - The proposed watershed management strategy has four major components:(1)a goal statement pd listing of objectives and principles; {2) criteria for identifying watersheds in need of enhancement; restoration or protection; (3) a flexible process to guide planning and implementation activities at the watershed level; and (4) a set of watershed management"tools." Taken together, these components providetheframeworkfor theproposed watershed management strategy.Thecomerstone Of the strategy is the establishment of watershed partnerships among local residents,state and federal agency staff,and other citizens interested in the improved management of a particular watershed. In order to implement the strategy,each partner will retain current authorities and responsibilities; the strategy does not,for example,involve a shift in responsibility for state programs or regulatory authorities to a local body. Instead,a watershed partnership will serve as a vehicle to improve communication among state,local and federal resource managers and local citizens. These partnerships will promote the implementation of policies and programs in ways that are complementary and protect natural resources while meeting the needs of the local community. Underlying the strategy is the basic belief thatimproved coordination, integration and implementation of existing local,state and federal programs,rather than the creation of new programs,can protect, enhance, and restore the state's watersheds. 1 f III. Proposed Goal Statement, Objectives and Principles 1. Goal Statement: o% a warexShedbasad IplemttnsrstetK4/�¢Xttiegrnte�lp ACessip .r F rr%irr///i �tft� 71����J�7u10/{te/ra�4u�,3�lZCI�Si�ttil�l�C�fy��V�+a]Jm��I VI�Nff' rri�/ r/ r 5 2. Objectives: The objectives of the watershed management strategy are: • Identify high priority watersheds. 1 • Prepare watershed action programs for high priority watersheds,including well-defined goals and objectives. • Implement innovative watershed management programs in high priority watersheds to achieve program goals and objectives. Programs to includecoordinated and integrated local,state and federal agency planning;data bases; and actions to improve the effectiveness and efficiency of resource management. • Identify and coordinate funding for action program development and implementation. 3. Principles: The following principles will apply to the implementation of the watershed management strategy: . • Watershed action program development and implementation(state resources)'should be targeted to high priority watersheds. High priority watersheds should be identified on the basis of specific criteria. • Participants should not plan to plan; they should plan to make things happen. The process should not result in a document on what needs to be done,followed by lengthy efforts to figure out how to put the plan into action. The process should result in action and show progress early. As problems are identified and solutions are found,participants should work aggressively to determine implementation steps and act on them wherever possible. • . Action programs should make use of the full range of available management tools tailored to specific watershed conditions. • Problem identification and solutions should be based on the best available scientific information. • Citizen involvement is essential. All parties with an interest in a watershed(both within and outside) should have an opportunity to participate in the analysis of problems and the creation and implementation of solutions. The public should be involved early and fully. • Programs should be on-going and self-sustaining,including monitoring and evaluation of progress toward achieving goals and necessary program updating. Participants should be encouraged to share information with participants in other watersheds and learn from each other's successes and failures. 2 t IV. Proposed Criteria for Identifying High Priority Watersheds The first step in the watershed management strategy is the identification of high priority watersheds by the Strategic Water ManagementGroup(SWMG). In Stage 1,an interagency teamof state and federal agency staff will conduct a reconnaissance-type assessment of the state's 18 major basins. The team will apply the criteria listed below using existing information that is readily accessible to state and federal resource agencies. A high priority watershed may be a unit that is much smaller than a basin;in,fact,in most cases, the work group recommends that sub-basins be identified as high priority watershed whenever possible. ' �`;:STAGE'1 WATERSHED;ASSISSIVIENT CRTl,`TSR�A�y' Gitena A.,lVatershcdklealdt � ,;. / /: mQ�m4�4y+41�) Wa tequalrry'(pgri(fandnotipoutt�o y�e ofresoureeissnes lcanfttctpi^csaxxtrn. Sensitive threatened or endangered species watershed Water avazlabrlxrtj Iunrtatrnrts{both uistrcam and (?herevxdenrnfboilx local and statewtd¢values outo`>`stream} : s ', <. relatpdid waer5he�management l?robabrGtyofaddrnonal'degredauonrfttoaeuon - Agent"yprioriaes is taken Cntenall P�ibUcia(uCSt' CnteixaC• LxkelxltoodofSuccoss' Y;vtdCnce�#ibe2lsuPA�rtto#ProBr�>utetudmg : • SfateScemcWaterwayrxrPferal4Vtl tfand .0 Man es ScuiicRrY�' Qpportmunest9mtegra7ct�o-g4m$�lhed s Hvidenceo£eonfhctlxeeweenlacxduseplansand pj�nuxgortrianagementachvxbes eacxsfw8 -kx waterseeds activemvolvexnentrtfst teandltlrfeflCrdtai9 enci gntitmgjunpenAmgecunorinclossldavglopment Pvaxlabtyof#undutg.:aPportunxncsftxtarst Timehnessflfpiog<a�ndeveZopmenilxc sl,aiutg , pruGabdrty thafexpenthtuiesnowwdf3ave pyazlab�ttyafdafSneeed#orpm&iatndeveloP uient or die gossrb�rry of gbtartung;_it quickly : • V. Local Watershed Council's: Proposed Membership; Duties and Responsibilities The establishment or designation of a Local Watershed Council in each high priority watershed is a critical element of the watershed strategy. A council will provide an opportunity for watershed residents to not only participate in the management of their watershed,but also play a significant role in resolving critical resource management issues and shaping the future of the watershed. 1. Local Watershed Council - Membership A majority of members shall be local citizens,including local officials. A Local Watershed Council may be a new or existing organization or combination of existing organizations which represent balance of interested and affected persons within the watershed and which can ensure a high level of citizen involvement in the development and implementation of a watershed action program. Local Watershed Council members shall be appointed by an appropriate local government(ex.,council of governments, county commission,or city council(s)). The local government shall submit a list of council appointments to SWMG. SWMG shall concur if the membership criteria described above are met. _ 3 Local.Watershed Council members may include: ` Representatives of(1)local government, (2)non-government organizations, and(3)private • citizens, including but not limited to: 4 Representatives of local and regional boards,commissions,and agencies; J Indian tribes; J .Public interest group representatives; J Private landowners; J Industry representatives,and 4 Academic,scientific and professional community- Representatives of state and federal agencies. 2. Local Watershed Council-Dirties and_Responsibilities • Foster communication and cooperation among all-interests�within a watershed • Provide a foi um for conflict'resolution and decision-malting • Ensure a high level of citizen involvement in allaspects of decision-making j Prepare and irtiplemeat a Watershed Action Program . Educt all meetings as open public meetings VL process for program Development and Implementation In ordertodevelopandimplementawatershedacdonprogram,alocalwatershedcouncil andSWMG will follow the steps outlined below. These stepsprovide a generic process thatcatt be tailored to fit the needs of a particular high priority watershed. This process will begin after SWMG has identified a high Priority watershed on the basis of a Stage 1 assessment SWMG agency staff will hold discussions with local government representatives in the watershed to deter nine whether there is interest in fonrung;a vtratetstted management partnership .between a local body (a watershed council) and the state local and federal resource management agencies If interest exists, an-aPP?oPte local government(e.g., a council of governments,county commission, city council or some combination agreed upon by all the parties) will appoint a local watershed council or identify an appropriate existing organization to _ serve in this capacity. After a watershed partnership has been.developed,.a Stage 2 assessment of each high priority watershed will be conducted by an interdisciplinary tear'of local itate�and,federal agency staff appointed jointly by.SWMGand a lo( council The purpose of a Stage 2 assessment will be to further characterize the condition of,the h gh pnonty 4 twa stefistted and w pmvide`ihe'information necessary for the preparation of a watershed action program..Dependutg on the results of the Stage 1 !' assessment,itmaybepossibletonarrowthescopeof4Stage2assessmenttoaparticularstib-basinwitl►u► the watershed. . t 4 Following the Stage 2 assessment, the local watershed council will work toward the development, implementation and monitoring of an action program for the watershed with the cooperation and assistance of the SWMG agencies as described below. PROPOSEDTROCESS: PR OGRAM.DEVELOPMEW.AND IMPLEMENTATION For each high pnontywatershedio which th @,state and 2. SWMGshaU coordinate theappomtmeatrof atacilrtat- localrepresentativeshaveagreedtopursueapartner ingagency Thetaslrtatingagencymaybeastate ship,SwMG4shall ", federal,or local agency,as appropriate Tfttsagency L; identifystate gnals.fkeach high priority watershed, willbyresponsible faragency coordtnahott and will (te identify thecondi4onsnecessarytoopprn tzethe repoctsoSWMG r nazuralresourcesoEthewatershedfarallbepefidal 3 The Local Watershed Councils W-11poial ter-•! ups). shedCoordioator, TheWarershedCaotdinazorwill 2.: Meet with local repretives in each high priority report to the Local Watershed Council senta The watershed to dtscusslooal interest meatcnng tnto a cowdutator s duties include:providing staff support ta partnerstipwrththesta tetodevelopanduriplementa ; thelocal wazetstedcouncil.facdrtanng-xngram' ` watershed action program. development serving as the watershed program 3; Promote funding assistance for Lodi state and local iiaisop with stue,and federal agencies and actively activities under this program using aU&V... ble seelan$funding for action grog am development and opport unities utcluding thestaty agency budget. impiementadon.:i process and the biehuial water management program, 4. SWlvZG and the Local Watershed Wuaeti shall jointly 4: Coordinate state an d!federalagencypamapahon, coordutatctheapPointmentgfaTec lwcalAdvisory including mtarageney comrounication and con[lrct Tearn for eachbigh priority watershed I7te team will reso lution include state federal,and Soml agency staff to 5: Provide opporiumties for public input to SWMG conduct a Stage 2 watershed assessmeniaod provide decision-making: tectuircal support to the total wazershed eouncd. ! 6: Providepobcyovirsghtdunngprograrndeve lopment and implementation A Local WatershediCouncil shall 7. To the ezteot possible,coordinate assuranc6461660 1. Prepare a Watershed Action Program(see program watershed councils in other(non pnontyj"watersheds description on page 8). to develop and implement watershed action p'rogiams:' Z. D'tstabute draft program as appropriate for public review and comment Hold public hearings in local Far each high ..riority watershed rn which the state and area local representatives:have agreediW pursnea partner 3 Acv sedraftprogr tnl sappropnatetn �sponsero: ship ! rgmments Adopt program. ' A Local PlatersherCouncrt shall be establutred(see 4 Subintt Watersled AcdtrnProgram to SWMG for description ofcouncifinemberslup appouitments;and reviewandadopaon dufies and responsibilities on pagt x} 5. Implement evatuaze and monuor Watershed Action _ Program. 6. Updaze,program periodically. VII. Watershed Action Programs - Key Elements A Watershed Action Program will serve to coordinate and integrate state,federal and local watershed management activities within a high priority watershed. Key program elements are outlined on page 6. l WATERSIIF, ACTION PROCYMW ELE1yTENTS I.• Purpose and Goal" " /',/' � ,�TY; Iamthrig FaetOrS frort a Watershed Perspec �IdenttPicttron of ctrttcal Issues and current anal ';t�xe anuci ated rob ' " � /� AeYeloptaellt / �O iervtew6flongatid/ t(tr !gegjoals and//�/,it/yamIr/ intna ? unrts,cpnsider <;ob�ecpvrsullu$'f��y��/���,y„s/.. ': i%`�%� ��gnhy�I°�35'PhY�O&reP�c andPo7th ' / ar / '�escrtpfi06 4 $YYPaters 'i ,s' Cal / �/,as. Cat�SSUPS IIaAumm Y / , //p/•/ ' ' y y / // % �/ apds;att7tb. :gin ” genelalet�vu¢nmentmctndtng�✓j�$y3s bOwulanes,`I� 1 n„ ateas� enG' tD �� � < frOnand 7�'/� '�/y�'��'N �i/!i' � ' l�'�"5 •�Y nt5��StYllg a& �Q >� / i,Waf�F ieSOUrG`CS�%Y✓�y/���'/<9"''/��' ��/%i S I�ent[ft�©F t'< �'t E s s� / . n.�? � Y •`IIj$tOC�fll�lj.�yS.��aCt0�f5tCA�nt�����I11Ct1TlS�i�i/, a011C 1�6�''dAdY�D'dt10�D�I�Oteiltl'dII>TO and"/pastrA�iVe a�1,0rL5 6, rs , n C}rrrrenrownershtp and)unsdt�rons m the ram elements g watershed 'y AssessnbstacieS tO mtplementatrOn R . Idennficauon of extshnS lam•ate and •Select course D€action federal laws and poUc�es affedtng vratetshed `� � � _ � .. yI Publcin�olYetirentandEducattan PrDgr III Assessntentof Watershed�ondrtron •Iievsev�rafavartatteandpaztinerddataonwater : �I, pragramlinptementatton shed � - Morutonng �Identrficatronof���ong�addttronal MauUe»att� basetrnedatarequredandc ollectthautfprmanon. ; •Ftutding . Eva]uaaoncrtiena Tiuxetable i VUL Watershed Management Tools 1. Existing Tools management The work group developed a list of existing state,local,federal and private law that may considered tools.The work group also identified 28 existing p y to pertain to watershed management. These are provided in the full report. 2. Proposed Tools After developing the list of existing tools, the work group brainstormed ditionsforthesuccessful necessary managementtools that members believed would either be uThe 10[of proposed tools can be broken into implementation of the watershed management strategy. five categories: • Organizational Tools - "Building Partnerships" • Descriptive and Analytical Tools - "Understanding the Resource" • implementation Tools "Optimizing the Resource" Protection Tools Funding Tools 6 The work group identified the highest priorities among the list of proposed tools for development in the near future. These are listed below. PROPOSED pVATERSHED MANAGEMEN'i'TOOLS. HIGH PRIORITY FORDET'EL'OPIVIENT UrganrzahQnryl ToolS•$nildlgg l'artnerslu 4 /i /// tr/b7' ,/'r - `� � Igi�printc�msCgordmattoq?c�VSSagenC<'e5 "y�.ii �,���mtttgaronptgce�for ' �$�hflShmCgtofiocal WsterShedcouncds � '����R'��tPP� y '� Yglgqtcerprograms l.• ,,� ;�InSurl��storage ,• ,,�. , ,F ��/ Bed`aru/n grptrndWater B D�+'lPaveagdAnalytrcal'I'ools UnQerstandmg ;°���duSetooptrmtzefloty"sand the t2eSotrrce pe "" tem ratttms 1l Rtpanan Ivlanagemeni `� EstsbltShoteanrtghousetofaethtatedata � ��P?!!acartrentauthoirtresugda man?gemeatby Watuslte;i,cteanngliottse to be £.�� g�R'dtershed rnatapement tgo1S bested#n the Watershed " " Fxtlttate voluntary conservatron � Cti-locauonoFsgencyfitldstaff <.easements:: IgcreasertSepfthefi.�eo fuc TtQtral!tyofiandandwatarmattagernutt Inftxmatton5 !�P �Ywdtydtlalsrnbenefitsrecerved(for Ysteot(Sretest:tvrce(:enter} f Messtuemeggiin tu. ngwateruseartd a Piegiatingleasesj cepottutg}utazeasWheresuchtnformthon�s '�I��!ttmgprpc�sforhvestock needed - wsterw&PQnds a Momtonng(Incltrdrrtggangmg stagor sj, IteB"t ut tartrcai .banns and conunue;o'ver the ., < D Protec4oq Tools long term temperature flows andtuibrduy Enforcement develop.amecltatusinto Watershed condition assessment ;Protect mstream flows through a river system or protected nver teach as appropriatt> C Implerriegtahon Tools Optiurrzmg the Resource (shepherdrng) � Education ritcludrttg mvo[vernentof � Improve Water;tise efficiericy by inducing Waste ;. ;local school drstrrcts aaA the and:meffitaentptaettcec Educauoq iii the develdpment otershed � Wa[erttglttt[ansfers matiagementcrgnculurn '1?egirirespublicmtcrestdetermmatrop ? g RgndrtigfoCthe'WatershedSLat •tllloca[e ttpereegtage of t{arisfttrred water to e8Y insvearri flow f For a copy of the full report, write or call Oregon Water Resources Department 3850 Portland Road NE Salem,OR 97310 (503) 378-3741 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL January 18, 1994 CALLED TO ORDER Meeting was called to order by Mayor Golden at 7:30 P.M. in the Council Chambers. ROLL CALL Councillors Laws, Reid, Acklin, Winthrop, Arnold were present. Councillor Hauck was absent. APPROVAL OF MINUTES Minutes of the Regular meeting of January 4, 1994 were accepted as presented. SPECIAL PRESENTATIONS AND AWARDS John Deason, RVCOG, presented 2-year comprehensive traffic study to Council. Plan will be presented beginning late February at public meetings. CONSENT AGENDA: 1. Minutes of Boards, Commissions and Committees. 2. Departmental Reports - December, 1993. 3 . Annual Risk Management Report for 1993 . 4. Annual 1993 Emergency Operations Statistical Report. 5. Liquor license from Ashland Community Food Store, 237 First Street. 6. Memo from Director of Public Works regarding DEQ review of Digester Odor Control. 7. Agenda for Oregon Bicycle Advisory Committee meeting to be held in Ashland on January 27-28. 8. Appointment of Jack Sabin to Cable Access Commission for term ending June 30, 1994. 9. Memo from Parks & Recreation Commission concerning process for replacement of Commissioner Wes Reynolds. Acklin/Arnold m/s to approve Consent Agenda. Voice vote all AYES. PUBLIC HEARINGS: (Must conclude by 9:30 p.m. ) 1. Proposed adoption of new water and sewer rate schedules. Finance Director Jill Turner reviewed breakdown of written/verbal comments received from citizens on water and sewer rate schedule. Presented information on all alternatives offered. Director of Public Works Steve Hall reviewed capital improvements that the rate increases would pay for and the reimbursements for previous capital improvement encumbrances. Michael Gibbs, Vice President of C of C, suggested Council consider possible loss of meals tax revenue as a contingency plan I (r.MiouW\1-19.94.mie-Wee 1) . when forecasting revenue; Zack Brombacher, Independent Printing Company, 640 Tolman Creek Road, asked Council to consider number of small increases that may dissuade future economic development for City; Linda Frye, 49 4th Street, asked Council to request staff investigate use of grey water by citizens as a conservation measure; Jim Shute, 1347 Prospect, asked Council to consider efficiency studies; in favor of progressive rates (Alternate II) ; requested more detail in Annual Report; Ron Roth, 6950 Old Hwy 99 South, Geppetto's/Plaza Cafe, favors ending commercial subsidy; Jack Nicholson, 1575 Greenmeadows Way, requested Council establish Utility Commission, objects to use of COLA CPI-Portland rates; Jack Blackburn, 805 Oak Street, encouraged Council to present information on long-range revenue/expenditure planning to the public; Russ Silbiger, 562 Ray Lane, Cafe 24 Manager, supports Alternate II for water and sewer increases; Mary Wasmund, 439 E.Hersey Street, encouraged conservation by lowering city employees' benefits; Mark Murphey, 492 Lynn Street, encourages formation of Utility Commission; Ken Hagen, 548 Rock Street, spoke in favor of Alternative II; John King, 289 Palm Avenue, encouraged Council to increase efforts towards water conservation; Harvey Caine, 679 Beach Street, supports Alternative II and requested city focus on education for consumer's conservation efforts; Andrew Chester, Black Sheep Restaurant, spoke in favor of increases and requested more information from city on phosphate-free detergents for restaurant use. Laws/Reid m/s extend public hearing til 10pm. Voice vote all AYES. Acklin/Arnold m/s adoption of water rate schedule resolution. Roll call: all YES. Resolution no. 94-02 . Winthrop/Reid m/s adoption of sewer rate schedule resolution. Roll call: Arnold NO; Laws, Acklin, Winthrop, Reid all YES. Resolution no. 94-03 . 2 . Continuation of public hearing on appeal of a decision of the Planning Commission approving a building permit at 635 Thornton Way, based on solar access and lot width/depth (Applicant: Don Johnson, Appellant: Maralee Sullivan) . Winthrop/Arnold m/s to move to February 1 Council meeting. Voice vote all AYES. UNFINISHED BUSINESS 1. Agreement between Larry Medinger and Dana Bayuk regarding appeal from a decision of the Planning Commission approving a subdivision on Oak Street, North of Hersey Street. (r.Mmn \1-18-94.min-pqc 2) I Community Development Director John McLaughlin presented agreement by applicant. Laws/Reid m/s to adopt findings. Voice vote all AYES. NEW AND MISC.E .LANEOUS BUSINESS 1. Presentation on Regional Transportation Planning by Jon Deason, Rogue Valley Council of Governments. See item under Special Presentations and Awards. 2. Memo from City Administrator relative to changes to position classification plan. Councillor Arnold suggested City .Administrator change minimum qualifications that could encourge women and minorities to . qualify. PUBLIC FORUM: Business from the audience not included on the agenda (limited to 3 minutes per speaker and 15 minutes total) . None. ORDINANCES RESOLUTIONS AND CONTRACTS: 1. Second reading by title only of "An Ordinance amending Section 2.04 .040 of the Ashland Municipal Code by changing the order of business at Council meetings" . Arnold/Laws m/s adoption of Ordinance. Roll call vote: all YES. Ordinance no. 2727. 2. Reading by title only of "A Resolution of the City of Ashland designating its representation to the Oregon Municipal Electric Conservation Agency (OMEGA) . Laws/Acklin m/s adoption. Roll call vote: all YES. Resolution no. 94-04 . OTHER BUSINESS FROM COUNCIL MEMBERS 1--Susan Reid announced the recent appointment of City Building Official Mike Broomfield to Building Codes Structures Board by Governor. ADJOURNMENT Meeting was adjourned at 10:25pm. Nan E. Franklin, Recorder Catherine M. Golden, Mayor i (r.Minmw\1-I8.94.min-page 3) I v 'f A811,�a DREG January 25, 1994 Brian Almquist, City Administrator rem: Steven Hall, Public Works Director]. V ` t q Jltvjett: Odor Control Project Bid ACTION REQUESTED City Council authorized award of contract to Interwest Construction of Medford in the amount of$206,647. BACKGROUND Bids were opened for the project on January 19th. Five bids were received ranging from the low bid of$206,647 to$224,197. Brown and Caldwell's estimate was$179,990. The bid is$26,657 above the funding currently appropriated by the City Council. A summary of costs and revenues are as follows. REVENUE Transfer (gift) from Insurance Services $110,000 Transfer (loan) from Equipment Fund $ 90,000 Sewer Fund (From other projects-Delayed) $ 94,447 TOTAL $294,447 EXPENSES Engineering Services (Maximum) $ 86,300 Contract Bid $206,647 Construction Contingencies $ 1,000 DEQ Plan Check $ 500 Update of Operation Manual for Plant $ TOTAL $294,447 * Will be covered in onguial contract with Brown and Caldwell if DEQ does not require a major update. Anticipate short addendum to add to Operation Manual. i i Staff requests City Council approval of the project. John Holroyd of Brown and Caldwell will be discussing the project with the contractor and see if any cost savings can be found. These will be handled by change order after the contract is signed. cc: Jim Olson, Assistant City Engineer Jill Turner, Finance Director Dennis Barnts, Water Quality Superintendent Dick Marshall, Wastewater Plant Supervisor John Holroyd, Brown and Caldwell t Mentarandum A. January 28, 1994 n- Honorable Mayor and Council rQTtt: Rhonda E. Moore, Executive Secretary UajEtt: Revision of Time Change for Council Meetings At your goal-setting session last week, changing the starting time of the Council meetings from 7:30 p.m. to 7:00 p.m. was suggested. To effect the time change, it will be necessary to amend the Municipal Code Section . 2.04.110: 2.04.110 Council meetings. A. Regular meetings. The regular sessions of the Council shall be on the first and third Tuesdays of each and every month, unless otherwise arranged, and shall be held on the days appointed at seven-thirty (7:30) P.M. Please announce the suggested time change at the Council meeting and an ordinance amending the Code will be published by the City Attorney. (r:Ca cinTimeChg.mem) ASHLAND PARKS AND RECREATION COMMISSION 340 SOUTH PIONEER STREET ASHLAND, OREGON 97520 PARK COMMISSIONERS: :•�of°�N °•° KENNETH J.MICKELSEN 4 O . Director PATRICIA ADAMS ALLEN A.ALSING TERICOPPEDGE ' LAURIE MacGRAW •.•p4GP• TEL.:(503)48&5340 WES L.REYNOLDS EG - FAX:(503)488-5314 January 27, 1994 Mayor Golden and City Councilors CITY OF ASHLAND Ashland, Oregon ' 97520 RE: Ordinance prohibiting dogs from plaza Honorable Mayor and City Councilors : The Ashland Parks and Recreation Department staff , strongly supports the proposed ordinance that would ban dogs from the plaza area. As the department that provides maintenance for the plaza, we are- very aware of the extra maintenance that is caused by dogs that are tied up or left unattended on the plaza. Dogs not only increase maintenance costs to the City but there is also the problem of sanitation. We are constantly cleaning up dog messes on both the sidewalk and the lawn area of the plaza. Again,. we strongly support an ordinance .which:=would enable citizens to enjoy the plazaw-a 'd grassy- area- without the apprehension offSteppingcor si-tting in a. dog mess :: Sincerely, . Eric Setterberg, Representative APRD Maintenance Staff Kenneth J. M' c elsen,. Director.:.. Ashland Parks nd Recreation Department 11ISC�LETTERS,94 Home of Famous Lithia Park ORDINANCE NO. AN ORDINANCE AMENDING SECTION 9.16.060 OF THE ASHLAND MUNICIPAL CODE TO EXCLUDE DOGS IN THE PLAZA. ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE A ADDITIONS ARE A.H'P tJ. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS F LOWS: IN SECTION 1. Section 9.16.060 of the Ashland Municipal Co a is am de read: 9.16.060 Dogs- City Parks E-*...ft Dogs, except for seeing dogs wh n in the custody and control of a person legally blind, are not per i ed in an of the city parks t €ttiaz under any condition exceptlas provided in sec ' n 9.16.030; and except that the Ashland Park Commission may d sign ate certain defined area within such parks where dogs may b' allowed �a4eash which conforms to the above requirements. --z aJ- The foregoing ordinance was first READ on the day of 1994, and duly PASSED and ADOPTED this day of 1994. Nan E. Franklin, City Recorder A SIGNED and APPROVED this day of 1994. Catherine M. Golden, Mayor Approved as to form: Paul Nolte, City Attorney PAGE 1 of 1-ORDINANCEta:o,d1doos.mol RESOLUTION NO. 94- A RESOLUTION OF INTENTION TO PROVIDE FOR UTILITY UNDERGROUNDING, STREET LIGHTING AND STREET TREES ON THE EAST SIDE OF OAR STREET FROM LITHIA WAY TO 'A' STREET AND ALONG THE BLOCK BOUNDED BY OAR, 'B' AND PIONEER STREETS. THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES: SECTION 1. The council intends to make local improvements to provide utility undergrounding, street lights and street trees on the east side of Oak Street from Lithia Way to 'A' Street and � . along the block bounded by Oak, 'B' and Pioneer Streets. These local improvements consist of 20 street lights, 14 street trees with irrigation system and undergrounding electrical within the proposed local improvement district. Such improvements are estimated to cost $143,086 all of which will be paid by special assessments on benefited properties. Costs will be allocated on the basis of front footage of each tax lot on the affected streets. Those tax lots would be assessed as specified on the attached Exhibit A. SECTION 2. The local improvement district shall consist of all the tax lots described in the attached Exhibit A and shall be called the Oak Street Local Improvement District. SECTION 3. Warrants for the interim financing of the improvements shall bear interest at the prevailing rates and shall constitute general obligations on the City of Ashland and shall be issued according to the terms and conditions in ORS 287.502 to 287.515 inclusively. SECTION 4. The assessment imposed upon benefited properties is characterized as an assessment for local improvements pursuant to ORS 305.583 (4) . SECTION 5. The City of Ashland, Oregon (the "City") expects to cause certain capital expenditures to be incurred for the Oak Street Local Improvement District. The City intends to reimburse itself for such capital expenditures with the proceeds of borrowing incurred by the City (the "Reimbursement Bonds") . United States Treasury Regulation 1.103-18 sets forth certain requirements that must be complied with in order for the proceeds of Reimbursement Bonds to qualify as an expenditure of bond proceeds. One such requirement is that on or before the date the expenditure that is being reimbursed is paid, the issuer of Reimbursement Bonds must declare a reasonable official intent to reimburse itself for the capital expenditure. It is the ireasonable intent of 'the City to reimburse the capital expenditures for the proposed Oak Street Local Improvement District with the proceeds of Reimbursement Bonds in the principal amount .estimated to .be $143,086. PAGE 1-RESOLUTION INITIATING LID (y:d&Wkskwi.m) SECTION 6. The City Recorder is directed to serve notice to the property owners by publishing a notice of the public hearing once in the Daily Tidings, not less than ten days prior to the hearing, and by mailing copies of the notice by registered or certified mail to the owners of each lot benefited by the proposed improvement as shown on the latest tax and assessment roll. The notice shall be in the form of Exhibit "A" attached to this resolution. This resolution was read by title only in accordance with Ashland Municipal Code § 2. 04. 090 and duly PASSED and ADOPTED this day of , 1994. . r Nan E. Franklin, City Recorder SIGNED and APPROVED this day of , 1994. Catherine M. Golden, Mayor Approved as to form: Paul Nolte, City Attorney Il PAGE 2-RESOLUTION INITIATING LID (p:&vy\mk4wi.m) EXHIBIT "A" NOTICE OF PUBLIC HEARING The City Council of the City of Ashland will meet on March 15, 1994 at 7: 30 P.M. in the Council Chambers, 1175 East Main Street, to hold a public hearing to consider the formation of a Local Improvement District as follows: NATURE OF THE IMPROVEMENT: To provide utility undergrounding, street lights and street trees on the east side of Oak Street from Lithia Way to 'A' Street and along the block bounded by Oak, 'B' and Pioneer Streets. . BENEFITED PROPERTY: All those properties described as follows: Estimated Map and Tax Lot Frontage Cost Lot Number Per Foot Per Foot Amount Owner Address 39.1E-9BA, 14,000 568.00 $100 556,800 Cantwell,Thomas&Roselyn 957 Harmony Lane,Ashland 39.1E-9BA, 14,500 582.00 $100 $58,200 Pugh,Lance K&B'¢abeth A 882'B'Street,Ashland 341E-9BB, 11,900 88.41 $100 $8,841 Hawkins,Anne M. 610 Valley Yew Road, Medford 341E-388, 12,100 47.49 $100 $4,749 Uhtoti,Michael&Katherine 154 Oak Street,Ashland 341E-9B8, 12,200 84.97 $100 $8,497 Wenker,Robert L&Lois 170 Oak Street,Ashland 341E-988, 12,300 59.99 $100 $5,999 Berman,Steven 67 Scenic Drive,Ashland ESTIMATED COST: , The estimated cost of this local improvement is $143 , 086 all of which shall be paid by special assessment of benefited properties. ADDITIONAL INFORMATION: Proposed assessments will be based on $100 per front foot of the affected lots. The estimated assessment for each lot is set forth above. Additional information may be obtained at the Department of Public Works, Engineering Office, 27z N. Main Street, Ashland, Oregon on weekdays during the hours of 8:00 am to 4:30 pm. All affected property owners may appear at the hearing or submit written comments prior to or at the hearing, as to why the improvements should not be developed or why the benefited properties should not be assessed in the manner proposed. Characterization of the assessment: The assessment imposed upon benefited properties is characterized as an assessment for local improvement pursuant to ORS 305.583 (4) . BY THE ORDER OF THE CITY COUNCIL Nan E. Franklin, City Recorder CITY OF ASHLAND - ENGINEERING DIVISION PETITION FOR UTILITY AND SITE IMPROVEMENTS LOCATION: Oak Street -- east side from Lithia Way to A Street Received by City Engineer: / , Date: NOTICE TO PETITIONERS: Persons signing this petition must be legal owners of record, or purchasers in possession under a recorded land sale contract, of real property abutting the proposed improvement. If title to any parcel of property is in the name of two or more persons, all must sign. Petitioners should sign using their names as they appear on the records of ownership. TO THE HONORABLE MAYOR and COMMON COUNCIL of the CITY OF ASHLAND: We, the undersigned owners of record of real property in the City of Ashland, Jackson County, Oregon, hereby petition that: the east side of Oak Street from Lithia Way to B Street and the block bounded by Oak Street, B Street and Pioneer Street be improved by undergrounding utilities and installing new street lighting and street trees in accordance with plans and specifications therefore as sball be adopted by the City of Ashland, and the cost of improvements, as approximated on attached Exhibit A, be assessed upon the real property benefited thereby, and that we are the owners of the real property fronting (or benefitting) on said street. NAME ADDRESS TAX LOT t, l -7 0 20 O U Ltd t5` loo 21 December 1993 3H0:n%oek6.id pcuaue.mer _ " z �i � mor. ttn �nm 1 • i r 21 December 1993 Brian Almquist Aram: James H. Olson, Assistant City Engineer Oak Street L.I.D. Attached is a petition for the undergrounding of utilities, and installation of new street lighting and street trees on the east side of Oak Street from Lithia Way to A Street and along the block bounded by Oak Street, B Street, and Pioneer Street. With your request to form a single unified assessment rate, the estimated costs and assessment rates were combined and re-adjusted slightly so that all rates are now at $100.00 per foot. Previously the Pugh/CantweU rate was $100/foot while the south section was $110.00 per foot. An adjustment of$2,800 was necessary to make this change. The final project cost is estimated at $143,086.00 JHO:rs\..k6.ro r I City of Ashland Department of Public Works - Engineering Division , i Estimate for Proposed Oak Street L.I.D. Revision No. 6 Combined Schedule A and B Street: Oak, 'B', & Pioneer Estimate By: James Olson Limits: Date: 12/21/93 GENERAL 7.INFORMATION Length of Project: Width of Street: Pavement Design: i A. ESTIMATED CONSTRUCTION COSTS Total Estimate A $95,000.00 Total Estimate B $25,450! Total Estimate, $120,450.00 B. OTHER (list) C. TOTAL $120.450.00 D. ENGINEERING Q 18% $21,681.00 E. PROJECT TOTAL 5142.131.00 F. Total Assessable Front Footage 1 or Unit of Assessment 1,150.00 LF 280.86 LF 1,430.86 LF G. Assessable Cost per Front Foot or per Unit of Assessment $99.33 Use $100.00/FF 21 Daember 1993 ni0mloW.lid-al®ate.gm I t . 888880888 . 8 V 00 sgsgsg � s E 6q � � It Sq a o cc >• wyyy C . 7 U h 0 C U E . . a s a. °' 888888888 v a n &9, r °o °Op °° 64 !-' 64 f9 N O %O %n . 69 V 69 q - q � V G G h a c C=a s U paa � � u� au� pa � in %0 tn C14 .C/J z .0 o0 Vi .-� N N 3 cc m m e mQ R r .14 T 67 £ 0m C O 4 S y y c ,C yN £ U C.) W C4 c a c C 00 V 1. ..a o o H •� � v Q A •C °' 'm •A Q e r 3 u - a OF � r a U U v� �n F n Q �n W E o y u � � y bi a y } } { 8 S S 8 8 8 S 8 d9 69 C-4 00 cli a w 0 ( '- o cd 7 E 3 nt L L h U 'aati a aa. awa .'� a a Nv — o 0 0 0 f 69 6N9 N O % - ►� 44) 6A EA y _ y •p cr a A h m N o u in v p •C N N 3 � •y = a u O a�i d o c t0 T •'� 3 < a .y LpL Q y •> W T. L C tu DA V r-a y _ g a o m a m c E - IM c o W i p V O 43 e2� y ` _ u y OA L tl a w u � ro o � � � c o � •c a Q Q p� U U v� in F cn Q rq G%1 tn c • m w � z � w nC "' N f�1 V'1 �O I� •g u O CITY OF ASHLAND - ENGINEERING DIVISION PETITION FOR UTILITY AND SITE IMPROVEMENTS f i LOCATION: Oak Street — east side from Lithia Way to A Street Received by.City Engineer: Date: NOTICE TO PETITIONERS: Persons signing this petition must be legal owners of record, or purchasers in possession under a recorded land sale_contract, of real property abutting the proposed improvement. If title to any parcel of property is in the name of two or more persons, all must sign. Petitioners should sign using their names as they appear on the records of ownership. TO THE HONORABLE MAYOR and COMMON COUNCIL of the CITY OF ASHLAND: We, the undersigned owners of record of real property in the City of Ashland, Jackson County, Oregon, hereby petition that: the east side of Oak Street from Lithia Way to B Street and the block bounded by Oak Street, B Street and Pioneer Street be improved by undergrounding utilities and installing new street lighting and street trees in accordance with plans and specifications therefore as shall be adopted by the City of Ashland, and the cost of improvements, as approximated on attached Exhibit A, be assessed upon the real property benefited thereby, and that we are the owners of the real property fronting (or benefitting) on said street. NAME ADDRESS TAX LOT 4't L 21 December 1993 rH0:nlo.k6.bd 1 tt CITY OF ASHLAND - ENGINEERING DIVISION PETITION FOR UTILITY AND SITE IMPROVEMENTS LOCATION: Oak Street — east side.from Lithia Way to A Street Received by City Engineer: Date: NOTICE TO PETITIONERS: Persons signing this petition must be legal owners of record, or purchasers in possession under a recorded land sale contract, of real property abutting the proposed improvement. If title to any parcel of property is in the name of two or more persons, all must sign. Petitioners should sign using their names as they appear on the records of ownership. TO THE HONORABLE MAYOR and COMMON COUNCIL of the CITY OF ASHLAND: We, the undersigned owners of record of real property in the City of Ashland, Jackson County, Oregon, hereby petition that: "the east side of Oak Street from Lithia Way to B Street and the block bounded by Oak Street, B Street and Pioneer Street be improved by undergrounding utilities and installing new street lighting and street trees in accordance with plans and specifications therefore as shall be adopted by the City of Ashland, and the cost of improvements, as approximated on attached Exhibit A, be assessed upon the real property benefited thereby, and that we are the owners of the real property fronting (or benefitting) on said street. NAME ADDRESS TAX LOT 21 nec®nrr 1993 m0:a%o.►e.1id ' E ■ 7 . � � ] I � � a % $ § \ \ \ \ \ � ■ § ( a ' % | k ) 88 � k kkk . ■ 7 | , � q . \ / \ t) \ \ \ j :0,t4 � \ 9 \ \ 88 £ � � ( \( , � � , m , qe { ( ` k - - - - - - � E ow \ 88 ( 7 \ \ M 2 \ § 8 k ) a & CL CL . � a CL J E � � a E z £ § & RESOLUTION NO. 94- A RESOLUTION DEDICATING OAK KNOLL PUBLIC GOLF COURSE FOR PARK PURPOSES PURSUANT TO ARTICLE XIX, SECTION 3, OF THE CITY CHARTER. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The following described land is dedicated for park purposes pursuant to Article XIX, Section 3, of the Ashland City Charter. The Oak Knoll Public Golf Course. Eighty-three (83) acres, more or less, located in D.L.C. 153, Township 39 South, Range 1 East, W. .M. , as more particularly described in Vol. 227, page 478, Deed Records of Jackson County, Oregon, except that portion of the above described property lying southerly of a line 100 feet South and running parallel to the Number 1 fairway of the golf course as it now exists. Also an access roadway along the southerly boundary of this golf course. , This resolution was read by title only in accordance with Ashland Municipal Code § 2.04.090 and duly PASSED and ADOPTED this day of , .1994. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of , 1994. Catherine M. Golden, Mayor Rev' /'wed as to rm: Paul Nolte, City Attorney PAGE 1-RESOLUTION DESIGNATING OAK KNOLL AS CITY PARK (p:pukexoektnou.m) Of { Pmorttndum ,A O4EGO� c January 5, 1994 X110. Council �XQY-TC[: Mayor Golden 1ZIIjEC1: Headwaters Forest Conference REQUEST Informational. BACKGROUND Public Works Administrative Assistant Pam Barlow has been invited to speak on a panel at the Headwaters Forest Conference to be held February 4-5 at S.O.S.C. Pam will have the opportunity to present the City's Forest Management activities and to answer questions. She has been asked to discuss the Hamilton Creek Coordinated Resource Management Plan, sluicing and erosion problems in the watershed, fuel break and fuel reduction activities, and the helicopter logging project.