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. The Public Forum is the time to speak on any subject not on the printed agenda. 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
November 20, 2001 – 7:00 p.m.
Civic Center Council Chambers, 1175 E. Main Street

I. PLEDGE OF ALLEGIANCE:

II. ROLL CALL:

III. APPROVAL OF MINUTES: Regular Council Meeting Minutes of November 6, 2001.

IV. SPECIAL PRESENTATIONS & AWARDS:
Presentation by the Planning Commission on current activities.

V. CONSENT AGENDA:

1. Minutes of Boards, Commissions and Committees.
2. Liquor License Application from Jeff Pygott, dba Jeff’s Harvest Market.

VI. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker, unless it is the subject of a Land Use Appeal. All hearings must conclude by 9:30 p.m. or be continued to a subsequent meeting)

Public Hearing Regarding a Resolution Authorizing and Ordering Improvements Consisting of Curbs, Gutters, Storm Drains, Paving and Sidewalks and Associated Improvements for Strawberry Lane, Nutley Street, Alnut Street, Scenic Avenue and Westwood Street.

VII. PUBLIC FORUM: Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number of individuals wishing to speak.)

VIII. UNFINISHED BUSINESS: (None)

IX. NEW AND MISCELLANEOUS BUSINESS:

1. Water Curtailment and Summer 2001 Water Results.
2. Report from AFN Advisory Committee.

X. ORDINANCES, RESOLUTIONS AND CONTRACTS:

1. First reading of "An Ordinance Amending Sections 15.04.200 and 15.04.212 by Changing the Composition of the Demolition Review Committee."
2. Reading by title only of "A Resolution Authorizing and Ordering Improvements for Strawberry Lane, Nutley Street, Alnut Street, Scenic Avenue, and Westwood Street for the Strawberry Local Improvement District No. 83 and Authorizing the Assessment of the Cost of the Improvement against Property to be Benefited and Authorizing the City to borrow money and issue and sell notes for the purpose of providing interim financing for the actual cost of the Local Improvement."

XI. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS:

ADJOURNMENT:

Beginning of Linked Agenda Items

Council Communication

Title: Liquor License Application from Jeff Pygott, dba Jeff's Harvest Market.
Dept: Recorder's Office
Date: November 20, 2001
Submitted By: Barbara Christensen
Approved By: Greg Scoles, City Administrator

Synopsis:
Application process of Oregon Liquor License as provided by OLCC.

Recommendation:
Endorse the application with the following recommendation:

"The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC now proceed in the matter."

Fiscal Impact:
N/A

Background:
Application for liquor license is for a new establishment at the old site of Cantwell's Market.

The City has determined that the license application review by the city is set forth in AMC Ch. 6.32 which requires that a determination be made to determine f the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Ch. 6.32)

In May 1999, the council decided it would make the above recommendation on all liquor license applications.

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Council Communication

Title: Water Curtailment and Summer 2001 Water Results
Dept: Public Works Department
Date: November 16, 2001
Submitted By: Paula Brown
Approved By: Greg Scoles

Synopsis:
Throughout the early spring and summer, staff has been advising of the drought conditions and water shortage potential. Council responded by revising the water curtailment ordinance on May 1, 2001, implementing the "no water waste" provisions on July 9th and imposing Stage 1 water curtailment on September 15th. The Ashland community responded extremely well and dramatically reduced water use at each stage. As a result, the water levels in Reeder Reservoir remained above the 60% mark throughout the summer and now into the fall. Although we have had considerably less rain than "normal", there has been more water running into the Reservoir than anticipated and the inflow never dropped below 2.2 million gallons (mgd) of water per day. That inflow amount, coupled with the use of Talent Irrigation District (TID) supplemental water and the major reductions in water use, saved our drinking water. Our November water use is now at a typical winter use of 2.0 - 2.3 mgd, and even though we remain drier than normal and have had limited rain even in November, the primary concerns for water use for this year are all but over.

Recommendation:
This item is for Council information and discussion, and does not require formal action.

Fiscal Impact:
When Council imposed the water waste and then the Stage 1 curtailment regulations, staff advised that there could be a minor impact to the City with respect to water revenues. Once curtailment went into effect, it was predicted that water use will be down and resulting revenues will also decline. However, it was also projected that if there were customers that went beyond their allotment and elect to use more water, they would pay a significantly higher amount for the water they use. Although staff is still sorting out the details, this preliminary report provides the revenues collected through October, and shows the comparison to the last year's revenue.

The table on the next page summarizes by month; the total customer accounts, usage (cubic feet), total revenue, and average monthly customer cost per account. When the last two years are compared, the usage in 2001 was 10.4% LESS than last year, and the total revenue was only 8.2% less - yet the average monthly accounts have INCREASED by 3%. Overall, the water savings was indeed measurable, and although revenue was lower than last year and lower than predicted, the overall impact for the year will be minimal.

Background:
(This information is reprinted from the original staff presentation in May with highlights in bold at the end of each section.)

Ordinance
Although the City could physically shut off water to users, the intent is to provide allocation rates to accommodate health and daily needs as well as a reasonable amount for outside watering. The City's winter water use is approximately 2.2 to 2.25 million gallons of water per day. Water use in the summer escalates to as much as 7.5 or 8 million gallons of water per day! We know that the absolute minimum for health reasons is the winter use of 2.25 million gallons per day and an additional amount to accommodate a reasonable quantity of irrigation is warranted in the summer. The water allocation table has have been set up in stages to accommodate the severity of the situation.

The ordinance imposes a fee for additional use. Water users in a stage 1, 2 or 3 would pay 4 times the water rate if they use water in excess of the allocation amount. In stage 4, water users would pay 10 times as much for additional water use. Although the purpose of the ordinance is to reduce the quantity of water used, there will be users that are willing to pay for their desired water use. When curtailment was implemented in 1992 and again in 1994, citizens responded immediately and water use declines significantly.

There were letters sent in July to over 200 water users that exceeded the Stage 1 allocation during the month of June. Over the curtailment period (which started in September) staff received and reviewed exemption requests for only 50 customers. Of the 50 customers, 27 were approved (mostly due to undersized meters or use of water for food production); 8 were withdrawn as the customer was able to stay within curtailment restrictions; and 15 were denied. Denials were primarily due to irrigation that could be reduced to stay within limits.

Water Supply and the Summer's Plan
Reeder Reservoir is relatively small and holds only 800 acre-feet of water. The maximum storage behind the dam is 860 acre-feet or 280 million gallons of raw water with the overflow weirs in place. Reeder Reservoir is fed from snow melt and watershed rain runoff from Mount Ashland. Typically, the reservoir reaches capacity (fills to the top) in April, spills over the overflow weirs at the dam through to the end of May, and then the water level behind the dam slowly starts to fall until the rains begin again usually sometime in October. The conditions that determine water supply are snow pack / snow melt and weather. USFS continually monitors snow depths and measures water content at Mount Ashland. Their latest reading on March 28 indicates snow depths at and average of 30 inches with water content density of 37%. The USFS indicates that these readings were very similar to readings in 1977 and 1992 where depth and water content were at 34% of "normal". Both 1977 and 1992 were the two driest years on record since the snow measurements started in the mid 1960s. We have been fortunate to have quite a bit of rain and snow since April 1st, and the weather has been very mild. New snow measurements will be taken again at the end of April and will help to determine the severity of the concerns.

Our plan for this summer has many variables. A mild wet spring and cool summer would help the situation, but as weather is out of our control, we must prepare for less than optimal conditions. Our goal is to:

Continue to keep the reservoir as full as possible through the end of May and into June, with the imposition of the "no water waste" provisions in July and then the Stage 1 curtailment in September, the reservoir stayed above 60%

Not send as much water through the power generation plant,

Monitor the draw down and use of water by our customers,

Continue to reinforce conservation measures,

Monitor the inflow of water from the mountains and monitor the weather conditions, the inflow to the reservoir really made the difference for Reeder Reservoir

Impose curtailment measures as a necessary final step. - imposed on September 15th

The City does have an alternate water source to draw upon. The City has 769 acre-feet of perpetual domestic water rights from the Talent Irrigation District and another 795 acre-feet of water that has been allocated through agreement. The TID water comes from the Howard Prairie and Hyatt Lake system and is delivered to the City through the TID canal at the City's diversion at Starlight Place. The City pumps the TID water to the water treatment plant at a pump station at Terrace Street. The City has not used the TID water supply since 1994. Our plan now is to begin using the TID water as soon as the reservoir begins to drop (theoretically in late May or early June). Our plan is to blend this raw water with the water from Reeder Reservoir to supply the City with an average of 6 million gallons of water a day.

Staff began blending TID water the first part of June and with the help of TID and trading the City's other water rights, we were able to continue using TID through to the end of TID's season in the middle of September. Another success with TID was the Southern Oregon University. SOU was able to rely solely on TID water and significantly reduced their dependence on City water for irrigation.

Long Term Plans
The City has joined with the cities of Talent and Phoenix to build a pipeline (TAP Pipeline) to bring treated water from the Medford Water Commission to Talent with a reserved capacity for the City of Ashland. The City has not yet budgeted for the final leg of the pipeline construction from Talent to Ashland. The anticipated costs are $8 million, and the projected date this water is absolutely needed as part of the supply plan in normal years is 2015. Council is looking at the possibility of building the pipeline sooner.

Staff plans to bring the TAP extension to Ashland discussion to Council in February.

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Council Communication

Title: Report from AFN Advisory Committee
Dept: Electric & Telecommunications Department and Finance Department
Date: November 20, 2001
Submitted By: Dick Wanderscheid and Lee Tuneberg
Approved By: Greg Scoles

Synopsis:
Staff and the AFN Advisory Committee developed the attached report. The AFN Advisory Committee was selected by staff to help review and revise the business plan for AFN, develop a reporting format to help keep the Council updated on AFN's status, and to evaluate possible ways to improve the performance of AFN.

Recommendation:
This report is for informational purposes only.

Background:
The staff has been working since late July with the AFN Advisory Committee. The committee was made up of Marty Levine, Russ Silbiger, Emile Amarotico, Jim Teece, Mayor Alan DeBoer and city staff members Greg Scoles, Lee Tuneberg, Dick Wanderscheid, Richard Holbo and Mike Ainsworth. The committee met seven times and accomplished the following things. The AFN business plan was reviewed thoroughly and a new base plan was completed that the committee felt is a more realistic view of the projections for AFN. Also a quarterly reporting format was developed (the first quarterly report has been attached to this report). It is anticipated that reports will be presented to the council each quarter to keep them informed as to the status of AFN. Finally, the committee made a number of recommendations that should be considered to help improve AFN's potential performance. Staff will analyze all of these recommendations in detail and present a report on implementation with the next quarterly report due in January.

Advisory Committee

FINAL REPORT

November 2001

Introduction
At the 2001 Budget Committee presentation, it became clear that AFN was not achieving the goals identified in the Business Plan. Revenues were not meeting projections and capital exceeded the plan as originally financed. In addition, the build out also was taking longer than anticipated and there were some management problems. At the request of the Mayor and City Council, staff selected an advisory committee to help review and revise the business plan for AFN, develop a reporting format to help keep the Council updated on AFN's status, and to evaluate possible ways to improve the performance of AFN. The committee consisted of Budget/Audit Committee member Marty Levine, Budget/Programming Committee member Russ Silbiger, Audit Committee member Emile Amarotico, AFN Strategic Planning Committee member Jim Teece, Mayor Alan DeBoer, and City Staff Greg Scoles, Lee Tuneberg, Dick Wanderscheid, Mike Ainsworth and Richard Holbo.

Background
Based on the advisory committee discussions and recommendations, staff revised the Business Plan, taking into account all of those items. The advisory committee believes the revised plan is a more realistic view of the financial projections for AFN. While this plan does show AFN's internal debt load increasing substantially over the next few years, it also shows that AFN can provide a positive cash flow, and ultimately, net revenues. While it will take longer than originally anticipated to complete, AFN can meet its goal to be self-sufficient. The advisory committee does note that AFN is providing many positive benefits to the community that go far beyond what was anticipated in the Business Plan. Local businesses, Ashland School District, SOU, and residents are benefiting from advanced telecommunication services the community would not have if it were not for AFN. In addition, by providing a competitive environment, Ashland benefits from lower Cable TV and Internet rates.

Staff and the advisory committee have identified and discussed a number of potential additional revenue sources. It is anticipated the fiber line to Medford will quickly open up new revenue opportunities and we have included reasonable projections of bulk data sales in the plan. Other potential revenue sources, such as telephony, were not included in the plan. These sources could significantly enhance AFN's revenues and financial picture. The committee is also very aware of the competitive nature of the industry and the need to react quickly to changes in the market and the technology in order to remain competitive.

The revised plan is more detailed in its sources of revenue. Residential and business cable modem service has been separated out. One category - high-speed data – was broken out into three categories - governmental, commercial, and bulk services (outside the city.) By doing so, staff will be able to better identify where AFN is or is not meeting the goals.

The committee has met on seven occasions since it was formed. The process has been a positive experience and the collective wisdom of everyone on the committee has helped to develop a thorough understanding of the hurdles and opportunities that AFN provides.

Committee Accomplishments:

• Revised the April 2001 Business Plan by developing a Base Plan. Attached is a comparison between key points of the plan developed in April as part of the budget process for fiscal year 2001-2002 and the new Base Plan.

The Base Plan Incorporates:

• Information garnered from three years of construction, operations and competition
• More conservative estimates for revenues and expenses
• Longer period for ultimate build out
• An additional five years of projections
• Increased Capital Outlay to match anticipated requirements for technical and software improvements
• Smaller cable TV rate increases after construction is substantially complete
• More conservative estimates for cable and data market shares

The Base Plan Projects:

• Positive net income to not occur until the ninth plan year
• A gain of $1.13 million after 15 years instead of $3.8 million in 10 years
• Cable TV advertising revenue of $734,000 over 15 years
• No Telephony revenue ($508,000 reduction from the previous plan)
• Internal (between funds) borrowing capping out at $8.9 million the ninth year

• Developed an easy-to-read reporting format that will be provided to the Mayor and Council on a quarterly basis to keep them apprised of current trends based on approved benchmarks. A copy of the first quarterly report using this format has been included with this report.

Recommendations for Improvements:

Ideas for enhancing or improving existing AFN services

• Accelerate the build out of the system.
• Refine and enhance the TV products and tiers to provide a competitive advantage.
• Improve marketing efforts by: increasing the marketing budget, increasing direct sales efforts, increasing the installation staff, and improving customer data analysis to help marketing efforts.
• Implement a ‘Direct Sales’ team approach for marketing AFN Data within the city.
• Promote high-speed data product to potential new businesses that are considering locating to Ashland.
• Educate Ashland businesses as to how best to utilize AFN Business Cable Modem service to enhance their business opportunities.
• Revise pricing structure, product offerings, and acceptable use policy for data services and business cable modem service.
• Improve ISP Partnerships by: setting requirements and high standards for operation and service by ISPs, charging for AFN Support of ISPs, and helping the ISPs become better /more active marketing partners with AFN.
• Develop targeted marketing to existing customers to ensure that they are taking advantage of the highest tier CATV product possible.
• Require ISPs to provide better branding of AFN Internet on their web site and in their promotions.
• Leverage and market the ‘locally owned by the citizens of Ashland’ concept.
• Promote and leverage the bundling of CATV and Cable modems products together.
• Market the significant benefits of public ownership of AFN.

New Product and Services for AFN

• Work with the Ashland School District to utilize AFN to link their phone systems together thus saving them money and providing an additional revenue source for AFN.
• Provide managed network services to other government agencies in Jackson County.
• Strengthen and develop partnerships to sell wholesale services outside of Ashland.
• Utilize AFN in partnership with the private sector to provide choice for local telephone services.
• Utilize AFN to enhance city utility operations (Electric, Water and Wastewater).
• Develop and implement true cost of service fees for city departments, which utilize AFN.
• Work on ways to implement a real ‘Video on Demand’ pay per view product for AFN.
• Develop a business analysis and cost benefit test for any new products or services launched on AFN.
• Purchase ad insertion equipment for cross promotion of AFN and local commercial advertising.
• Consider creating an AFN local TV channel, possibly in partnership with the Ashland Coalition that could air events of local interest.
• Work with the ISPs to provide an easier interface between AFN Internet customers that want to continue to use AOL.
• Ask the programming committee to consider adding channels that would pay AFN to carry them (e.g. Home Shopping Network, Horse Racing Channel etc.).
• Provide more education to Ashland businesses on how AFN Data or Business Cable Modem products can benefit and/or expand their business operations. This could be done via seminars or a direct sales approach.
• Position AFN as a provider of telecommunication advice for Ashland businesses.

Side Benefits:
The committee spent a considerable amount of time discussing the side benefits that AFN brings to the community. Some of these are hard to measure and others, while measurable, are not reflected in the Business Plan. Some of the items discussed are as follows:

• Support of Local Businesses - Because of advanced telecommunication services, many local businesses will be able to provide enhanced services, thus enabling them to compete better in our global economy. Also, because the City has partnered with local ISPs, we have ensured that more money stays in the Rogue Valley to support our local businesses and economy.
• Educational Benefits - Ashland School District has taken advantage of AFN and thus has telecommunication services that are second to none. AFN is the only entity that submitted a bid to provide these services and without AFN, the School District would not have this level of service. Also, the cost to the District is far less than for comparable service available in other parts of Oregon. In addition, SOU is using AFN to provide two high-speed Internet connections in each dorm room. This helps SOU in its efforts to attract students.
• Competition for Telecommunication - By providing competition for both cable TV and cable modem Internet service, AFN's existence has resulted in lower TV and Internet rates for all Ashland citizens and businesses. The incumbent cable provider has cut its rates by at least 20%. Its cable modem service is priced at $29.95/month in Ashland and $39.95 everywhere else in the Rogue Valley. This equates to a total annual savings to the community of over $500,000/year, for TV service alone.

Future Role of the Committee:
While all committee members believed that the process used for developing this report was to be of short duration and not an ongoing responsibility, they have all indicated a willingness to continue to be a resource to staff on AFN related issues. This role could be especially helpful in evaluating and marketing new ventures or products that could be made available to AFN. Also, periodic meetings to review progress on meeting Business Plan goals would be beneficial. Staff intends to work with this committee on an as needed basis in the future.

Attachments:
AFN Quarterly Report (1st Quarter)

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Council Communication

Title: Public Hearing Regarding a Resolution Authorizing and Ordering Improvements Consisting of Curbs, Gutters, Storm Drains, Paving and Sidewalks and Associated Improvements for Strawberry Lane, Nutley Street, Alnut Street, Scenic Avenue and Westwood Street.
Dept: Department of Community Development
Public Works Department
Date: November 20, 2001
Submitted By: John McLaughlin, Paula Brown
Approved By: Greg Scoles

Synopsis:
The attached resolution authorizes the formation of a local improvement district to construct street improvements in the Strawberry LID area.

Recommendation:
Staff recommends that Council adopt the attached resolution authorizing the formation of the Strawberry Local Improvement District.

Discussion will be raised at the hearing regarding the need for sidewalks as part of this local improvement district. Staff has included sidewalks on one side of all streets as part of the preliminary design cost estimates. This was done in accord with Council policy and the Transportation Plan. Final design will dictate the final locations for sidewalks. In order to effectively address the neighborhood concerns regarding final design, we recommends that the Council direct the staff to hold informational meetings with the neighborhood when construction drawings are at the 35% level of completion, and again at the 90% level, just before final completion of the drawings.

Fiscal Impact:
The total project cost estimate is $1,076,697 and is in the current Capital Improvement Plan with projected city expenditures in FY02 and FY03. Under resolution 99-09, which established cost sharing for LIDs, the City is obligated to pay a percentage share of all improvement costs. The following is a breakdown of the City's obligation under this recommendation:

Background:
The Strawberry LID was initiated by the City Council in January, 2000. Staff has previously worked with the Strawberry neighborhood on the development of a neighborhood plan and while that plan was never formally adopted, many of the concepts from that effort have manifested themselves through other processes. For example, the City purchased significant amounts of open space in the area, as recommended by the neighborhood plan, including the Hald property which includes the top of the knoll overlooking the Plaza. The subdivision development of the upper area, approved by the City as Planning Action 2000-082, was developed at one acre densities, as recommended in the plan, rather than half-acre densities as allowed by the underlying zoning.

Further, the proposed street improvements in this local improvement district include the creation of a one-way street system - one-way up Alnut and one-way down Strawberry - to address the unique topography and the retention of trees in the area and to provide the least impact to the neighborhood. The street widths are the narrowest allowed which helps maintain the character of the neighborhood.

The staff has held a neighborhood meeting to discuss the formation of the district with the residents on September 19, 2001. On November 13, 2001 a walking tour of the neighborhood was conducted by the staff to explain the location of existing rights-of-way and discuss specific trees and concerns on the ground.

Attachments:
Resolution Form
Exhibit A - LID Boundary Map
Flyer from neighborhood information meeting
Council Communication 1/18/2000 regarding formation of district
Council minutes from 1/18/2000

RESOLUTION NO. 01-

A RESOLUTION AUTHORIZING AND ORDERING IMPROVEMENTS FOR STRAWBERRY LANE, NUTLEY STREET, ALNUT STREET, SCENIC AVENUE, AND WESTWOOD STREET FOR THE STRAWBERRY LOCAL IMPROVEMENT DISTRICT NO. 83 AND AUTHORIZING THE ASSESSMENT OF THE COST OF THE IMPROVEMENT AGAINST PROPERTY TO BE BENEFITED AND AUTHORIZING THE CITY TO BORROW MONEY AND ISSUE AND SELL NOTES FOR THE PURPOSE OF PROVIDING INTERIM FINANCING FOR THE ACTUAL COST OF THE LOCAL IMPROVEMENT.

RECITALS:

A. The Council has declared by resolution its intention to develop the improvements described in the above title and in the improvement resolution previously adopted and to assess upon each lot or part of lot benefited by the improvement its proportional share of the cost of the improvement; and

B. Notice of such intention was duly given, a public hearing was held and the Council finds that such improvements are of benefit to the city and all property to be assessed will be benefited to the extent of the probable amount of the respective assessments to be levied for the costs.

THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES:

SECTION 1. A local improvement district is created and shall consist of all the tax lots described in the attached Exhibit A. The district shall be called the Strawberry Local Improvement District No. 83.

SECTION 2. The council intends to make local improvements to provide the improvements described in the above title. Such improvements will be in accordance with costs estimated to be $1,076,697, of which $435,521 will be paid by special assessments on benefited properties. Costs will be allocated based on $4,140 per unit or potential unit of assessment, except for those properties owned by the City for which costs shall be allocated based on $10,441 per unit or potential unit of assessment; and the 21 lots which are part of the subdivision development approved by the City under Planning Action 2000-082, for which costs shall be allocated based on $6,506 per unit or potential unit of assessment. Lots will be assessed as specified on the attached

Exhibit A.

SECTION 3. The City of Ashland is authorized to borrow money and issue and sell notes for the purpose of providing interim financing for the actual cost of the local improvement. The notes may be payable from the proceeds of any bonds, issuance of additional notes or from any other sources from which the bonds are payable. This borrowing shall be issued according to the terms of ORS 223.235.(7).

SECTION 4. The City of Ashland expects to make expenditures from its available funds to pay for the costs of the improvement project. The City reasonably expects to issue bonds or other obligations (the "Reimbursement Bonds') and to use the proceeds of the Reimbursement Bonds to reimburse the City for the expenditures it makes from its available funds for the improvement project. To permit interest on the Reimbursement Bonds to be excludable from gross income, the Internal Revenue Code of the United States requires that the City declare its intent to reimburse itself from Reimbursement Bond proceeds within 60 days after the expenditures are made. The City expects that the principal amount of the Reimbursement Bonds will not exceed $479,073.

SECTION 5. The assessment imposed upon benefited properties is characterized as an assessment for local improvement pursuant to ORS 305.583(4).

SECTION 6. The City Recorder is directed to prepare the estimated assessment of the respective lots within the local improvement district and file it in the lien records of the city.

This resolution was read by title only in accordance with Ashland Municipal Code

2.04.090 and duly PASSED and ADOPTED this day of , 2001.

Barbara Christensen, City Recorder

SIGNED and APPROVED this day of , 2001.

Alan W. DeBoer, Mayor

Approved as to form:
Paul Nolte, City Attorney

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Council Communication

Title: First reading of an ordinance entitled "An Ordinance Amending Sections 15.04.200 and 15.04.212 by Changing the Composition of the Demolition Review Committee."
Dept: Legal Department
Date: November 20, 2001
Submitted By: Paul Nolte
Approved By: Greg Scoles

Synopsis:
The ordinance amendment transfers the responsibilities of the Demolition Review Committee to the Board of Appeals.

Recommendations:
Approve first reading of the ordinance.

Fiscal Impact:
None

Background:
Both the Board of Appeals and the Demolition Review Committee meet infrequently. Consolidation of these two committees will improve the efficiencies of the processes involved in hearing appeals regarding subjects which are somewhat related in scope. Currently, Councilor Chris Hearn and Planning Commissioner John Fields are serving on the Demolition Review Committee. The citizen-at-large position is vacant. The two longest serving members on the Board of Appeals are Darrell Boldt, a contractor, and Tom Giordano, an architect. The next two members are Carol Horn Davis, an architect, and Darrel Jarvis, an attorney. The shortest term member is Dale Sholstrom, a contractor.

ORDINANCE NO. ________

AN ORDINANCE AMENDING SECTIONS 15.04.200 AND 15.04.212 BY CHANGING THE COMPOSITION OF THE DEMOLITION REVIEW COMMITTEE.

THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:

Annotated to show deletions and additions to the code sections being modified. Deletions are lined through and additions are underlined.

SECTION 1. Section 15.04.200 of the Ashland Municipal Code is amended to read:

SECTION 15.04.200. Board of Appeals. Section 204(a) of the Oregon 1990 Structural Specialty Code and section 203(a) of 1989 Oregon Mechanical Specialty Code are replaced with the following:

In order to determine the suitability of alternate materials and methods of construction, and to provide for reasonable interpretations of the provisions of standards applicable to building and related activities administered through this city and to consider appeals as the Demolition Review Committee, there is created a Board of Appeals consisting of five six voting members, including one planning commission member, who are qualified by experience and training to pass upon matters pertaining to building related activities and the demolition and relocation of buildings. At least one member shall also have experience, knowledge or an interest in demolition-debris recycling. The Building Official shall be an ex officio non-voting member and shall act as Secretary of the Board. The Board of Appeals shall be appointed by the Mayor and hold office at the Mayor's pleasure. The board shall adopt reasonable rules and regulations for conducting its investigations and appeals and shall render all decisions and findings in writing to the Building Official with duplicate copy to the appellant. The decision and findings shall be mailed to all persons who appeared before the Board.  The administrator of the State Building Codes Division shall be furnished copies of decisions interpreting state building code requirements.

Except for the planning commission member who shall be selected by the chair of the planning commission, members shall be appointed by the mayor, with confirmation by the council. All members shall serve terms of three years, expiring on April 30 of each year. The two members who have served on the Board for the longest period as of December 31, 2001, shall continue to serve until April 30, 2002. The two members who have served on the Board for the next longest period as of December 31, 2001, shall continue to serve until April 30, 2003. The member serving on the Board the least period of time as of December 31, 2001, shall continue to serve until April 30, 2004. The initial term of the planning commission member shall expire on April 30, 2004. Any vacancy shall be filled by appointment by the mayor with confirmation by the city council for the unexpired portion of the term. A member is eligible for reappointment.

SECTION 2. Section 15.04.212 of the Ashland Municipal Code is amended to read:

SECTION 15.04.212. Demolition Review Committee. The Demolition Review Committee shall be the same as the Board of Appeals as established in section 15.04.200. is established and will consist of three members: a city councilor appointed by the mayor, a planning commissioner appointed by the chair of the planning commission and a community-at-large member appointed by the mayor. The at-large member shall have experience, knowledge or interest in construction and demolition debris recycling. The term for the appointed members is one year or until their successors are appointed. The term for appointed members shall expiring on April 30 of each year, except that the term for the initial appointees shall expire April 30, 2001, and the term for the at-large member shall expire April 30, 2002. A member is eligible for reappointment.

The foregoing ordinance was first READ on the ______day of ______, 2001,

and duly PASSED and ADOPTED this _______day of ______, 2001.

Barbara Christensen, City Recorder

SIGNED and APPROVED this ________day of_________ , 2001.

Alan W. DeBoer, Mayor

Reviewed as to form:
Paul Nolte, City Attorney

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END