Shady Cove City Council Study Session

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1 I. Call to Order Agenda Shady Cove City Council Study Session Shady Cove City Council Chamber Highway 62 Shady Cove, Oregon Thursday October 7, :30 P.M. A. Roll Call B. Announcements by Presiding Officer II. Public Comment Public may comment on agenda and non-agenda items at this time. Comments will be limited to 3 minutes per individual or 5 minutes if representing a group or organization. If you represent a group, please identify the group and any members of that group who are present. III. Subject of Study Session A. Joint Study Session with Planning Commission on Draft Lighting Ordinance. (pgs 2-10) B. Presentation from Upper Rogue Watershed Association. (Pete Mazzini) (pgs 11-14) C. Discussion and Direction to Staff on Purchase of Used Vehicles for Public Works. (Bostic) (pgs 15-16) D. Discussion on Comprehensive Plan revisions. IV. City Council Comments V. Future Agenda Items VI. Public Comment on Agenda Items Limited to 3 minutes per individual. VII. Adjournment In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department at (541) Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR ADA Title II). 1

2 Memorandum Date: October 1, 2010 To: Mayor and City Council and Planning Commission From: Joseph Riker, City Administrator Subject: Draft Shady Cove (Dark Sky) Lighting Ordinance Attached is a draft of a Lighting Ordinance prepared by the Planning commission for Council s consideration. The Planning Commission worked from an ordinance used by the City of Sandy and over two workshop meetings developed this draft for Shady Cove. Now the Planning Commission is asking the Council to review and add their input to the ordinance language with the thought of having Public Hearings with citizens and possible Council adoption by the first of the next year (2011) Thus this draft is presented for Council s October 7 th Study Session. 2

3 Chapter XXX.xx Shady Cove Dark Sky and Lighting Ordinance PURPOSE The purpose of the Shady Cove Dark Sky and Lighting Ordinance is to regulate outdoor lighting in order to reduce or prevent light pollution. This means to the extent reasonably possible the reduction or prevention of glare and light trespass, the conservation of energy, and promotion of safety and security DEFINITIONS The "IES" (Illuminating Engineering Society of North America) Lighting Handbook, most recent edition, the City of Shady Cove Municipal Code, shall be used for the definition of terms used in this ordinance but not defined herein. In the case where a definition of a term of this ordinance is found to be in conflict with a definition of a term of any other ordinance, "IES" handbook or regulation, the more restrictive definition will apply. Area Light: Light that produces over 2050 lumens (See Table 2 for Light Output of Various Lamps). Area lights include, but are not limited to, street lights, parking lot lights, security and yard lights. Average Foot-candle: The level of light measured at an average point of illumination between the brightest and darkest areas. The measurement can be made at the ground surface or at four to five feet above the ground. Eighty-five (85) Degree Full Cut-Off Type Fixtures: Fixtures that do not allow light to escape above an 85- degree angle measured from a vertical line from the center of the lamp extended to the ground. Exterior Lighting: Temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outside. Fixtures that are installed indoors that are intended to light something outside are considered exterior lighting for the intent of this Ordinance. Fixture: The assembly that holds the lamp in a lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts. Flood Light: Light that produces up to 1800 lumens (See Addendum 1 for Light Output of Various Lamps) and is designed to "flood" a well-defined area with light. Generally, floodlights produce from 1000 to 1800 lumens. Foot-candle: Illuminance produced on a surface one foot from a uniform point source of one candela. Measured by a light meter. Glare: Intense light that results in discomfort and/or a reduction of visual performance and visibility. Holiday Lighting: Festoon type lights, limited to small individual bulbs on a string, where the output per bulb is no greater than 15 lumens. IESNA - Illuminating Engineering Society of North America (IES or IESNA): The professional society of lighting engineers, including those from manufacturing companies, and others professionally involved in lighting. Illuminance: Density of luminous flux incident on a surface. Unit is foot-candle or lux. Illuminating devices: 1.Light fixture types a. Full cutoff fixture types - A fixture which, as installed, gives no emission of light above a horizontal plane. 3

4 b. Floodlights and Spotlights - Fixtures defined as having a full beam width or beam spread of less then 110 degrees. 2. Lamp types a. Incandescent lamps - Lamps which produce light via an electrically heated metallic filament. b. Fluorescent lamps - Lamps that use fluorescence of a phosphor to produce visible light. c. High Intensity Discharge Lamps - Lamps, which produce visible light directly by the electrical heating or excitation of a gas. Examples of such lighting include, but are not limited to, Metal Halide, High Pressure Sodium, Low Pressure Sodium and Mercury Vapor. For purposes of this Ordinance, fluorescent lights are not considered HID lighting. Lamp or Bulb: The light-producing source installed in the socket portion of a luminaire. LED Light: A solid state light that uses light-emitting diodes (LEDs) as a source of light and includes rope lights. Light Pollution: Any adverse effect of manmade light including, but not limited to, light trespass, up-lighting, the uncomfortable distraction to the eye, or any manmade light that diminishes the ability to view the night sky. Light trespass: Light emitted by a luminaire falls where it is not wanted or needed or shines beyond the property on which the luminaire is installed. Lighting: Any or all parts of a luminaire that function to produce light. Lumen: Unit of luminous flux; the flux emitted within a unit solid angle by a point source with a uniform luminous intensity of one candela. One foot-candle is one lumen per square foot. One lux is one lumen per square meter. Luminaire: The complete lighting unit, including the lamp, the fixture, and other parts. Luminance: At a point and in a given direction, the luminous intensity in the given direction produced by an element of the surface surrounding the point divided by the area of the projection of the element on a plane perpendicular to the given direction. Units: candelas per unit area. The luminance is the perceived brightness that we see, the visual effect of the illuminance, reflected, emitted or transmitted from a surface. Outdoor light fixture: An outdoor illuminating device, outdoor lighting or reflective surface, luminous tube, lamp or similar device, permanently installed or portable, used for illumination, decoration, or advertisement. Such devices shall include, but are not limited to lights used for: A. parking lot lighting; B. security lighting C. roadway lighting; D. buildings and structures; E. recreational areas; F. landscape lighting; 4

5 G. billboards and other signs (advertising or other); H. product display area lighting; I. building or structure decoration; J. building overhangs and open canopies. K. motion or light detecting lamps Recessed: When a light is built into a structure or portion of a structure such that the light is fully cut-off and no part of the light extends or protrudes beyond the underside of a structure or portion of a structure. ed: When the light emitted from the fixture is projected below a horizontal plane running through the lowest point of the fixture where light is emitted. The bulb is not visible with a shielded light fixture, and no light is emitted from the sides of the fixture. Also considered a full cut-off fixture. Spotlight or Floodlight: Any lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction (see definition for floodlight). Temporary Lighting: Lighting that is intended to be used for a special event for seven (7) days or less. Up-lighting: Lighting that is directed in such a manner as to shine light rays above the horizontal plane SCOPE & APPLICABILITY New Lighting. All exterior outdoor lighting, including security lighting installed after the effective date of this Chapter in any and all zones in the City shall conform with the requirements established by this Chapter and other applicable ordinances unless otherwise exempted. This ordinance does not apply to indoor lighting. Existing Lighting. All existing lighting located on a subject property shall be brought into conformance with this Ordinance within six (6) months of the effective date of this ordinance. All lighting on a property must be brought into full compliance before reoccupation or reuse. Nonconforming Uses or Structures. If a nonconforming use or structure has been abandoned for more than twelve months all lighting on the property must be brought into full compliance before reoccupation or reuse. Conformity shall occur prior to issuance of Certificate of Occupancy, Final Inspection, or Final Plat Recordation, when applicable. For other permits, the applicant shall have a maximum of thirty days from date of permit issuance to bring the lighting into conformance. Preferred Source - Low-pressure Sodium (LPS) lamps are the preferred illumination source throughout the city and their use is encouraged. When an existing fixture is replaced, the replacement fixture shall meet the requirements of this chapter. Architectural design, site planning, landscaping and lighting may be further restricted elsewhere in the Shady Cove Municipal Code. All governmental agencies, federal, state or county, which operate within the city limits of Shady Cove - should experience no difficulty meeting the requirements of this ordinance and are encouraged by the city to comply with its provisions. In the event of a conflict with any other chapter of the Shady Cove Municipal Code, the more stringent requirement shall apply GENERAL STANDARDS The following general standards shall apply to all outdoor lighting installed after the effective date of this ordinance, which is not exempted below: 5

6 A. Area Lights: All area lights, including street lights and parking area lighting, shall be full cut-off fixtures and are encouraged to be eighty-five (85) degree full cut-off type fixtures. Street lights shall be high-pressure sodium, low-pressure sodium, or metal halide, unless otherwise determined by the city that another type is more efficient. Street lights along residential streets shall be limited to a 70-watt high-pressure sodium (hps) light. Street lights along nonresidential streets or at intersections shall be limited to 100 watts hps, except that lights at major intersections on state highways shall be limited to 200 watts hps. If the city permits a light type other than high-pressure sodium, then the equivalent output shall be the limit for the other light type. B. Canopy Lights: All lighting shall be recessed sufficiently so as to ensure that no light source is visible from or causes glare on public rights-of-way or adjacent property. C. Illumination Levels: Illumination levels and uniformity shall be in accordance with current recommended practices of the Illuminating Engineering Society. Recommended standards of the illuminating engineering society shall not be exceeded. D. All outdoor lighting systems shall be designed and operated so that the area 10 feet beyond the property line of the premises receives no more than.25 (one quarter) of a foot-candle of light from the premises lighting system. E. Temporary Lighting: Temporary lighting that conforms to the requirements of this Ordinance shall be allowed. Nonconforming temporary exterior lighting may be permitted by the Building Official only after considering 1) the public and/or private benefits which will result from the temporary lighting; 2) any annoyance or safety problems that may result from the use of the temporary lighting; and, 3) the duration of the temporary nonconforming lighting. The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the City. F. Towers: All radio, communication, and navigation towers that require lights shall have dual lighting capabilities. For daytime, the white strobe light may be used, and for nighttime, only red lights shall be used EXEMPTIONS AND EXCEPTIONS A. Residential fixtures consisting of lamp types of 2050 lumens and below (the acceptability of a particular light is decided by its lumen output, not wattage. Check manufacturer's specifications). Examples include: 100 Watt Standard Incandescent and less 100 Watt Midbreak Tungsten-Halogen (quartz) and less 25 Watt T-12 Cool White Fluorescent and less 18 Watt Low Pressure Sodium and less B. Federally funded and state funded roadway construction projects, are exempted from the requirements of this division only to the extent it is necessary to comply with federal and state requirements. C. Fossil Fuel Light. Fossil fuel light produced directly or indirectly by the combustion of natural gas or other utility-type fossil fuels is exempt from the provisions of this article. D. Full cutoff street lighting, which is part of a federal, state, or municipal installation. E. Holiday lighting, not to exceed XXXX lumens in total.. F. Lighting for U.S. flags properly displayed. 6

7 G. Lighting of sports facilities or stadiums prior to 11:00 p.m. Illumination after 11:00 p.m. is also permitted if it is necessary in order to conclude a recreational, sporting or other scheduled activity, which is in progress prior to that time. H. Specialized lighting necessary for safety as required by law, such as navigated or runway lighting of airports, or temporary lighting associated with emergency operations, road hazard warnings, etc. I. Traffic control signals and devices. J. Street lights installed in accordance with city standards APPROVED MATERIALS AND METHODS OF INSTALLATION The provisions of this chapter are not intended to prevent the use of any design, material or method of installation or operation not specifically prohibited by this chapter, provided such alternative design, material or method conforms with the intent of this division and has been approved by the City Administrator or their designee. The City Administrator or their designee may approve an alternative design provided they find that: A. It complies with the applicable specific requirements of this division; or B. It has been designed or approved by a registered professional engineer and complies with the purpose of this division SUBMITTALS All applications for building permits or land use planning review which include installation of outdoor lighting fixtures shall include lighting plans conforming to the provisions of this Ordinance. The City Administrator and/or City Engineer shall have the authority to request additional information in order to achieve the purposes of this Ordinance. A. The submittal shall contain the following information and submitted as part of the site plan to the Planning Division for approval. 1. Plans indicating the location, type, intensity, and height of luminaries including both building and groundmounted fixtures; 2. A description of the luminaries, including lamps, poles or other supports and shielding devices, which may be provided as catalogue illustrations from the manufacturer; 3. Photometric data, such as that furnished by the manufacturer, showing the angle of light emission and the foot-candles on the ground; and 4. Additional information as may be required by the city in order to determine compliance with this Ordinance. B. Applications for single/multi-family residential or other projects where any single outdoor light fixture exceeds (2050 lumens output) shall be required to comply with paragraph A above NON-PERMITTED LIGHTING A. Newly installed fixtures, which are not full-cutoff fixtures. B. Lighting which presents a clear hazard to motorists, cyclists, or pedestrians. C. Laser Source Light. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment is prohibited. 7

8 APPEALS If an application is denied, an individual shall have the right of appeal to the City Council. The fee for an appeal shall be the same as in of the Shady Cove Municipal Code VIOLATIONS This section may be enforced on the basis of enforcement observation, informal, or a formal complaint filed in writing with the city PENALTIES See Chapter 90 of the Shady Cove Municipal Code SEVERABILITY The provisions of this ordinance are severable and if any paragraph, section, subsection, or part of this ordinance is held to be invalid, unenforceable, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair the remainder of this ordinance. Examples of ing Requirements Lamp Type Low Pressure Sodium High Pressure Sodium Unshielded Unshielded Unshielded Metal Halide Unshielded Unshielded Fluorescent Unshielded Unshielded Unshielded Quartz Unshielded Unshielded Unshielded Unshielded Unshielded Tungsten Halogen Mercury Vapor Unshielded Unshielded Unshielded Unshielded Unshielded Unshielded Unshielded Unshielded Unshielded Unshielded 100 or more Incandescent Unshielded Unshielded Unshielded Unshielded Unshielded Unshielded Unshielded Unshielded Unshielded 1.For the purpose of this section wattage ratings for lamp types will be for either a single lamp source or multiple lamp sources when installed in a cluster. 2.Lamp types not listed in the table may be approved for use by the building official providing installation of these lamps conforms to the lumen limits established in this section. 3. Glass tubes filled with argon, neon or krypton do not require shielding. 8

9 Table 2: TYPICAL LUMEN VALUES FOR VARIOUS LAMP WATTAGE Wattage Low Pressure Sodium High Pressure Sodium Metal Halide Fluorescent Quartz Mercury Vapor , ,725 2, ,000-2, ,400 1, , ,800 5, ,800 1, , ,500 8, ,300 1, , , , , , , , ,500 20, , , ,000 36, ,500 - Incandescent ,850 Taken from data supplied by Portland General Electric Energy Resource Center 9

10 Shady Cove Nuisance Code Chapter 90 Municipal Code 90.03(E) EXTERIOR LIGHTING. 1. Exterior lighting shall not be directed from the property of the owner onto private residential or commercial property, streets, parklands, or other public properties and are declared to be a nuisance which affects public health, safety and/or welfare. (ref. Shady Cove Dark Sky/Lighting Ordinance) 2. Non Directional porch lights of 2050 lumens or less are not affected by this provision. For the purposes of this code section, a directional light is one that by means of a lens, reflector, or other means directs the light in a desired direction. 3. Where a public safety concern can be demonstrated, the City may grant exceptions. 4. Adjacent commercial property owners may have shared lighting so long as the property of others is not affected nor have the light trespass. 10

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15 Meeting Date October 7, 2010 CITY COUNCIL AGENDA ITEM SUMMARY City Of Shady Cove, Oregon Issue/Agenda Title Public Works Discussion & Direction To Staff On Purchase of Used Vehicles For Prepared By: George Bostic Dept Head Approval: City Mgr Approval: Issue Before the Council: Discuss and provide direction to staff concerning the purchase of two used vehicles for the Public Works Department. Staff Recommendation: Discuss the issue and provide staff with direction. Proposed Motion: Not required. Key Facts and Information Summary: The intent at the time of budget review and adoption was to purchase one new truck for the Public Works Department. Since that time I have been reviewing government surplus & sales and e-bay and have found several used vehicles that would meet the department s needs for a number of years at a very reasonable cost. The cost is such that we could replace two of the existing high maintenance vehicles. I propose to purchase one ¾ ton, 4x4 truck with a diesel engine and one compact, 4x4 truck. Most of the vehicles that I have reviewed have been located out of-state and we would need to pay for delivery or send someone to drive the vehicle back to Shady Cove. 15

16 I just recently missed the ability to purchase two vehicles directly from BLM. One of the vehicles was located in Elko Nevada and the other was located in Redding California. These vehicles are now on e-bay and direct purchase is no longer an option. I need the Council s approval to purchase without bringing such a purchase back to the council. Other Alternatives Considered: Complete a specification sheet and advertise an Invitation To Bid for one new truck. City Council Goals: No City goal applies to this project. Attachment List: None. Fiscal Notes: None. 16

17 I. Call to Order Agenda Shady Cove Regular City Council Meeting Shady Cove City Council Chamber Highway 62 Shady Cove, Oregon Thursday October 7, :30 p.m. A. Roll call. B. Pledge of Allegiance. C. Announcements by Presiding Officer. 1. This meeting is being digitally recorded. 2. The next regularly scheduled Planning Commission meeting will be held on October 14 at 6:30 p.m. in the City Council Chamber. 3. The next meeting of the City Council will be on October 21 with a Study Session at 1:30 p.m. and Regular meeting at 6:30 p.m. in the City Council Chamber. II. Public Comment The public may comment on agenda and non-agenda items at this time. Comment will be limited to 3 minutes per individual or 5 minutes if representing a group or organization. If you represent a group, please identify the group and any members of that group who are present. III. IV. Community Feedback Presentation V. Consent Calendar A. Accounts Paid. B. Minutes of September 2, 2010 City Council meeting. C. Study Session minutes of September 16, 2010 City Council meeting. VI. Written Communications None In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department at (541) Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR ADA Title II) 17

18 Shady Cove City Council Regular Meeting Agenda October 7, 2010 Page Two of Two VII. Council Reports Business and Tourism/Chamber Councilor Hayes RVACT RVCOG Mayor Holthusen, Councilor Kyle School District 9 Councilor Kyle Fire District 4 Councilor Hughes Homelessness Initiative Planning Commission Liaisons Councilors Hayes and Hughes VIII. Department Reports A. City Administrator Report B. Public Works C. Sheriff s Report IX. Unfinished Business A. Second reading and adoption of Ordinance No. 257, AN ORDINANCE OF THE CITY OF SHADY COVE, OREGON, VACATING AN UNNAMED AND DEDICATED CITY STREET OFF RENE DRIVE. (pgs 28-30) B. Greater Shady Cove Boosters Request for Funding Assistance. (continued from 9/16/10) (Riker) (pgs 31-39) X. New Business A. Review/presentation of Spam Festival. (pgs 40-41) B. Report from Mayor and City Administrator regarding League of Oregon Cities Conference. C. Discussion and direction on selection of new council person to fill vacant position. (Riker) (pgs 42-43) XI. Public Comment on Agenda Items Limited to 3 minutes per individual. XII. Council Comments XIII. Adjournment 18

19 City of Shady Cove City Council Study Session Minutes Thursday September 2, :30 P.M. I. Call to Order The Mayor called the Study Session to order at 1:31 p.m. A. Roll call. Present: Staff: Mayor Holthusen Council President Kyle Councilor Hayes Councilor Hughes City Administrator, Joseph Riker III Deputy City Recorder, Debby Jermain Sheriff Department, Dave Strand B. Announcements. None. II. Public Comment Bud Rees commented on the City Administrator priority list to be discussed during the Study Session. Ed Mayer commented on possible corrections and additions to the Code of Ordinances. III. Subject of Study Session A. Review and discussion of Charter and City Council Rules of Government. The City Administrator explained the difference between general (common) law and charter cities. Council reviewed the current City Council Rules of Government noting revisions to the Agenda and various sentences within the Resolution. Council directed the City Administrator to make the revisions. Jane Hagan requested and received clarification on conflict of interest. The City Administrator read Section 21 regarding filling a Council vacancy. 19

20 City of Shady Cove City Council Study Session Minutes September 2, 2010 Page Two of Two B. Council and staff reviewed the City Administrator s project list. Discussion included Municipal Water System, FEMA/Floodplain Compliance, the New City Position and Council Actions. Direction from Council to staff on priorities to focus on. Council and staff to continue discussion of project list at next Study Session. IV. City Council Comments Councilor Hughes commented on streets, maintenance and repairs within the City. Councilors and staff discussed implementing a FEMA cost recovery system. V. Future Agenda Items None. VI. Public Comment on Agenda Items Bud Rees commented on time Becca Croft, Public Works Management, spent at his property. VII. Adjournment The Mayor adjourned the Study Session at 3:44 p.m. Approved: Ronald Holthusen Mayor Attest: Debby Jermain Deputy City Recorder Council Vote: Councilor Kyle Mayor Holthusen Councilor Hughes Councilor Hayes 20

21 I. Call to Order City of Shady Cove City Council Regular Meeting Minutes Thursday, September 2, :30 p.m. The Mayor called the Regular City Council Meeting to order at 6:30 p.m. in the City Council Chamber. A. Roll call. Present: Councilor Kyle Councilor Hayes Councilor Hughes Mayor Holthusen Staff: City Administrator, Joseph Riker, III Public Works Director, George Bostic Deputy City Recorder, Debby Jermain Sheriff s Department, Dave Strand B. Pledge of Allegiance. The Mayor led the Council and the audience in the Pledge of Allegiance. C. Announcements by Presiding Officer. The Mayor read the announcements and the Press Release of the City of Shady Cove Floodplain Awareness Open House. II. Public Comment Bud Rees commented on when the City would start accepting applications for City Councilor. Lois Holland commented on her concerns with Shady Cove not getting the protection from the Sheriff s Department. Kathleen Collins commented on River Plaza incidents with reports of vandalism, curfew violations and response to calls. Margaret Bradburn noted concerns with the Sheriff s Department. Councilors commented on the city s assigned officers being on vacation, placed on light duty, responding to calls outside the City, the number of citations issued for the month of August and officer response time. The Mayor invited citizens to attend the City Council meeting with their concerns. Jackson County Sheriff Liaison, Dave Strand, to take the citizens concerns to the Sheriff s Department. 21

22 City of Shady Cove City Council Regular Meeting Minutes September 2, 2010 Page Two of Four III. Community Feedback None. IV. Presentation None. V. Consent Calendar A. Accounts Payable: $18, B. Minutes of the August 19, 2010 City Council Regular Meeting. Councilors requested and received answers on various expenses. Motion to approve Consent Calendar. Motion by Councilor Hughes. Second by Councilor Hayes. Roll Call: All Ayes. The motion passed 4-0. VI. Written Communications Mayor Holthusen read a thank you letter from the River Art Walk. VII. Council Reports Business and Tourism: Councilor Hayes commented on attending the Shady Cove Business Association meeting, the Upper Rogue Regional Tourism Alliance transforming into an official Chamber of Commerce, RHT Energy Solutions workshops scheduled at the Edgewater Inn and upcoming Shady Cove events. RVACT: None. RVCOG: None. School District 9: Councilor Kyle and the Mayor noted meeting with principal Tiffany O Donnell and Shady Cove teachers for a pre-school get together with discussion on a proposed slogan and continuing the student recognition program possibly expanding to an ambassador type program. JCFD#4: Councilor Hughes noted the Fire District had over 100 calls in August and their upcoming yard sale on September 25. Mayor Holthusen commented the Fire District scheduling another cleanup event in the fall and on the Firewise program certifying one neighborhood in Shady Cove. 22

23 City of Shady Cove City Council Regular Meeting Minutes September 2, 2010 Page Three of Four Councilor Hughes commented on attending the RHT Energy Solutions meeting. He noted their green home to be built with the Homebuilders Association to be full participants and hope to begin building early spring and complete by summer. Homelessness Initiative: None. Planning Commission Liaison: Councilor Hayes commented on attending the August 26 Planning Commission meeting. VIII. Department Reports A. The City Administrator noted the new revisions on the draft lighting ordinance already provided to the Planning Commission, he will be attending the Region 5 Small Cities meeting in Malin and September is City Hall week. B. The Public Works Director commented on attending workshops last week in Portland and Salem, the need for the City of Shady Cove and Jackson County to update their aerial maps and crack sealing done on Hudspeth and Cleveland. C. The Sheriff Department Liaison noted he agreed with comments made by citizens and Council and will be taking accurate notes to Undersheriff regarding complaints. IX. Unfinished Business None. X. New Business A. Review, Discussion, and Direction to Staff regarding Annual Dinner. Discussion from Council & staff on the Annual Volunteer/Recognition Dinner. Council directed staff with the authority to make a decision of the dinner location. B. Appointment of voting delegate for League of Oregon Cities conference and possible equipment exchange advertising. The City Administrator noted the upcoming League of Oregon Cities Conference and a need to appoint an elected official who will be voting on behalf of the city. 23

24 City of Shady Cove City Council Regular Meeting Minutes September 2, 2010 Page Four of Four Motion: I move to appoint Mayor Holthusen to be the voting delegate at the Annual League of Oregon Cities Conference. Motion by Councilor Kyle. Second by Councilor Hughes. Roll Call: All Ayes. The motion passed 4-0. C. Acceptance of resignation of Councilor Bradburn. Mayor Holthusen read into the record the resignation of Councilor Bradburn, thanked her for her part on the Council team and presented her with flowers and a Certificate of Appreciation for her service to the City of Shady Cove. XI. Public Comment on Agenda Items None. XII. Council Comments Councilor Kyle noted the Council will miss Margaret Bradburn. XIII. Adjournment There being no other business before the Council, the Mayor adjourned the meeting at 7:54 p.m. Approved: Ronald Holthusen Mayor Attest: Debby Jermain Deputy City Recorder Council Vote: Councilor Hayes Mayor Holthusen Councilor Hughes Councilor Kyle 24

25 City of Shady Cove City Council Study Session Minutes Thursday September 16, :30 P.M. I. Call to Order The Mayor called the Study Session to order at 1:30 p.m. A. Roll call. Present: Staff: Mayor Holthusen Council President Kyle Councilor Hayes Councilor Hughes City Administrator, Joseph Riker III Public Works Director, George Bostic Deputy City Recorder, Debby Jermain B. Announcements. None. II. Public Comment Jim Ulrich, JoAnn Lefler and Shirlene Rainery speaking upon behalf of themselves and neighbors brought to Council concerns with dogs on Rene Dr regarding animal waste. Ed Mayer requested and received from staff the city s emergency management procedures and reported on the medical status of the Shady Cove/Elk Trail School principal, Tiffany O Donnell. III. Subject of Study Session A. Report Public Works Management. The Mayor noted the Floodplain Program Management Status provided in the staff report and the FEMA Open House scheduled for September 20. The City Administrator noted the city has began its random FEMA compliance inspections as of this month. Lalah Davis noted on behalf of herself and property owners requesting a list of compliance issues to be addressed after inspection from PWM. 25

26 City of Shady Cove City Council Study Session Minutes September 16, 2010 Page Two of Three B. Update RHT Energy Program. Angalee Sutton presented to Council a review the showcase home to be built and estimated time line on their project to help educate energy efficiency practice, reiterated an Avista customer survey taken, transferring of responsibilities to the Home Owners Association and upcoming free energy efficiency workshops at Edgewater Inn. C. Discussion of providing Public Works Services to Gold Hill. The Public Works Director noted the City of Gold Hill was requesting his temporary assistance with management of the public works department. Discussion from Council and staff on this issue. The Council directed staff to take concerns expressed and bring back to Council. D. Continued review and discussion of City Administrator s project list. Council and staff reviewed the City Administrator s project list. The Mayor recapped discussion from last Study Session. The City Administrator recommended two issues before the Council and Planning Commission would be to review the Strategic Plan and a Comprehensive Plan update. Public Works also recommended reviewing and updating all our master plans and fee schedules. Discussion from staff and Council of who to facilitate the plan and recommended technical assistance. IV. City Council Comments Councilors requested and received information on status with the new administrative position being advertised, a conditional use permit appeal and status of public works vehicle replacement. V. Future Agenda Items The Mayor commented a possible workshop with ODFW and DEQ on Riparian issues. Councilor Hughes requested discussion of union contract and in-house building/planning in a future study session. VI. Public Comment on Agenda Items None. 26

27 City of Shady Cove City Council Study Session Minutes September 16, 2010 Page Three of Three VII. Adjournment The Mayor adjourned the Study Session at 2:57 p.m. Approved: Ronald Holthusen Mayor Attest: Debby Jermain Deputy City Recorder Council Vote: Councilor Kyle Mayor Holthusen Councilor Hughes Councilor Hayes 27

28 City Council Agenda Item Summary City of Shady Cove, Oregon Meeting Date: October 7, 2010 Issue/Agenda Title: Vacation of a 25-foot unnamed, dedicated street off Rene Drive. File Number VAC Prepared By: Dept Head Approval: City Adm. Approval: Joseph Riker JTR JTR Issue Before the Council: Council decision to approve a petition from adjacent landowners to vacate a 25- foot unnamed, dedicated street off Rene Drive and if desired second reading vacating said strip of land. Staff Recommendation: Staff can find no need for the unnamed, dedicated street which has not been used since dedicated and has physical attributes that would make to strip unsuitable for use as a street. Staff recommends that Council grant the petition to vacate and adopt the Ordinance necessary to vacate. Proposed Motion: I move adoption of Ordinance No. 257, AN ORDINANCE OF THE CITY OF SHADY COVE, OREGON, VACATING AN UNNAMED AND DEDICATED CITY STREET OFF RENE DRIVE. Key Facts and Information Summary: The 25-foot strip of unnamed, dedicated street has not been used as a public street nor is it physically capable of becoming a street meeting City standards. Vacating the strip will not create any land locked parcel. 28

29 Other Alternatives Considered: N/A City Council Goals: N/A Attachment List: Application/petition to vacate a 25-foot unnamed, dedicated street off of Rene Drive. Fiscal Notes: N/A 29

30 City of Shady Cove Ordinance No. 257 AN ORDINANCE OF THE CITY OF SHADY COVE VACATING AN UNNAMED AND DEDICATED CITY STREET OFF RENE DRIVE. Whereas, the vacation requested was initiated by land owners adjacent to the unnamed and dedicated City street and the adjacent owners provided funds to the City for the processing of the vacation; and Whereas, A Hearing on the proposal to vacate said street was held by the City Council on September 16, 2010 and notice of the hearing was published in the Upper Rogue Independent on August 24, 2010 and August 31, 2010, and the notice to vacate said property was posted on the property on August 30, 2010; and Whereas, the City Council of the City of Shady Cove, having considered the conditions that precipitated this action, as well as comments made at the Hearing and has concluded that the vacation of said City street is in the best interest of the City. THE COUNCIL OF THE CITY OF SHADY COVE ORDAINS AS FOLLOWS: SECTION 1: The property displayed on Exhibit A, commonly referred to as an unnamed and dedicated City street off Rene Drive, is vacated. SECTION 2: The vacated property will attach, in two equal portions, to Tax Lots 1322 and 1337 of the Jackson County Assessor s Map 34-1W-21D. The new property descriptions are attached as Exhibits B and C. SECTION 3: This Ordinance will become effective on November 8, ADOPTED by the City Council of the City of Shady Cove, this 7 th day of October Approved: Ronald Holthusen Mayor Attest: Debby Jermain Deputy City Recorder Council Vote: Mayor Holthusen Councilor Hayes Councilor Hughes Councilor Kyle 30

31 City Council Agenda Item Summary City of Shady Cove, Oregon Meeting Date: October 7, 2010 Issue/Agenda Title: Greater Shady Cove Boosters Request for Funding ($800) Prepared By: Dept Head Approval: City Adm. Approval: Joseph Riker JTR JTR Issue Before the Council: The Greater Shady Cove Boosters is requesting the Council authorize funding for the new season winter banners that they will hang in the Community as Promotion of Shady Cove and its local businesses. The amount being requested is $800. This is the same amount that was request and awarded last year. This would come from the Budget General Fund for Promotion/Tourism/ Beautification which is an authorized fund of $15,000 from the General Fund. Staff Recommendation: The Boosters have been putting up the flags for several years the newest are the summer flags that are up now. The granting of funds would allow the Boosters to order new flags for the winter season, and specifically on the bridge, to promote Shady Cove. The flags are well received by the local businesses along Highway 62 and by both citizens and visitors to Shady Cove. In February 2010, the Boosters came to City Council with a request to take responsibility for the purchase and alteration of the bridge flags and banners to simplify the billing process and notifying the Council that there would be a need for the replacement of two sets of flags and banners (see attached Booster letters from 12/02/09 and 3/10/10). Council approved the February request for $800. It is staff s recommendation that Council authorizes the awarding of $800 from the Promotion, Tourism, Beautification funds to the Boosters for new flags. 31

32 Proposed Motion: That Council authorizes the awarding of $800 in funds from the Promotion, Tourism, Beautification funds to the Greater Shady Cove Boosters to purchase new banners/flags. Key Facts and Information Summary: The Council adopted the Budget which allocated $15,000 from the General Fund for Promotion, Tourism, Beautification. In the draft of the budget the $800 for the Boosters was specifically identified but specific organizations were not identified in the final adopted budget. Adequate funds are present in the budget line item for this request. Other Alternatives Considered: N/A City Council Goals: Attachment List: Allocation breakdown of the funds within the Promotion, Tourism, Beautification Line item. Request for Funding 8/31/10 Request for Funding 12/02/09 awarded 2/18/10 Letters of response to Council s concerns 9/27/10 and Letter of 3/10/10 to Interim City Administrator Minutes of 2/18/10 Regular Council meeting Fiscal Notes: As this is early in the budget year and is one of the first requests Council has received this fiscal year adequate funds are available to meet the requested amount ($800). 32

33 Budget Item Promotion, Tourism, Beautification Line item amount $15,000 Web Site $ 4,000 Radio $ 1,870 Promotion $ 3,220 Special Events (25% of $15,000) $ 3,750 Volunteer Recognition $ 1,500 Miscellaneous $ $15,000 33

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42 City Council Agenda Item Summary City of Shady Cove, Oregon Meeting Date: October 7, 2010 Issue/Agenda Title: Selection of a Councilor to fill the vacant Council position Prepared By: Dept Head Approval: City Adm. Approval: Joseph Riker JTR JTR Issue Before the Council: With the resignation of Councilor Margaret Bradburn the City Council needs to appoint a replacement to fill the position. Staff Recommendation: Staff recommendation is for the Council to ask for letters of interest from qualified citizens in serving on the council. A two week period for receipt of letters of interest could be set. Council may want to require that the potential candidate provide a brief paragraph stating why they wish to serve of the Council and what interest they bring to the Council. Then the Council is charged with reviewing the letters of interest and qualifications of those candidates who apply. Then, councilors may bring to the Council recommended, qualified candidates. This could occur at the November 4 th regular Council meeting or at a special meeting. After discussion Council could vote on a candidate to fill the position. Proposed Motion (s): 1.) Move to accept the staff recommendation of a selection procedure to fill the vacant council position and direct staff to advertise for letters of interest from qualified citizens. 2.) Move to set a (special or regular meeting) (Date) to select a replacement for the vacant council position. 42

43 Key Facts and Information Summary: The City Charter says in Chapter 2, Section 21 In the event of vacancy in the council, the remaining council members may appoint a member to serve until the next available election date, at which time the position will be filled by election for the balance of the unexpired term. The Jackson County elections office has indicated that the next general election will be in Other Alternatives Considered: None City Council Goals: N/A Attachment List: None Fiscal Notes: None 43

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