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HomeMy WebLinkAbout1990-1106 Council Mtg PACKET Important: Any citizen attending Council meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been closed. If you wish to speak, please rise and after you have been recognized by the Chair, give your name and address. The Chair will then allow you to speak and also inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. t:(AJ AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL NOVEMBER 6, 1990 I. EXECUTIVE SESSION: 7:00 P.M., Conference Room, to consider the evaluation of the City Administrator pursuant to O.R.S. 192.660(1) (i) and the acquisition of real property pursuant to O.R.S. 192.660(1) (e). II. PLEDGE OF ALLEGIANCE: 7:30 P.M., Civic Center Council Chambers III. ROLL CALL / / IV. APPROVAL OF MINUTES: Executive Session and Special Meeting of October 11, 1990; Regular Meeting of October 16~ 1990; and Special Meeting of November 1, 1990~ V. SPECIAL PRESENTATIONS & AWARDS: 1. Proclamation - "Scouting for Food Good Turn Week". VI. CONSENT AGENDA: 1. Minutes of Boards, Commissions & Committees. 2. Letter from TCI Cablevision regarding new program offerings. 3. Approval of sale of stock from Walter Ross to Oak Knoll Enterprise, Inc. at Oak Knoll Golf Course. 4. Request by Recycle Task Force to authorize expenditure of $4,000 for one-half of the cost of additional recycling bins. 5. Quarterly Financial Report for period ending September 30, 1990. VII. PUBLIC HEARINGS: (To be concluded by 9:30 P.M.) 1. Proposed vacation of a portion of Hillview Drive lying south of Crestwood Drive. VIII. UNFINISHED BUSINESS: 1. Determination of limitation of issues to be considered in connection with remand of P.A. No. 89-170, a Conditional Use Permit on property located South of Hersey street, East of Williamson Way. (Mike Mahar/Pacific Trend, Applicant) /2. Adoption of Findings, Conclusions & Orders - Secure Storage. / 3. Adoption of Findings, Conclusions & Orders - Logan Drive. 4. Request by Bicycle Commission to set date for joint work session with Robert Foster re: Bike Plan. IX. NEW & MISCELLANEOUS BUSINESS: 1. Request by Church of the Nazarene for reduction of S.D.C. Annexation Fee on E. Main st. property. 2. Request by David Lane, 1700 E. Main. Street for permission to connect property outside of the city limits to city sewer system. 3. Request by SOSC Students for the Environment that City Council consider banning high-phosphate detergents. 4. Acceptance of deed from Harry Lawrence for 30 acres of land for Open Space Purposes. 5. Recommendation from Bicycle commission that Council request changes to Bike Route signage on siskiyou Blvd. X. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 15 minutes) XI. ORDINANCES. RESOLUTIONS & CONTRACTS: d \.)1- I) f;;~og /2. . /3. /4. /5. )6. /;'7. Second reading by title only of an ordinance amending Chapter 11.28 of the Ashland Municipal Code concerning parking limits and parking zones in the Downtown Parking District. First reading of an ordinance amending the Ashland Municipal Code with respect to unnecessary noises and declaring an emergency. First reading of an ordinance adopting an amendment to the Comprehensive Plan Map. (Anderson/Diamond, Applicants) First reading of an ordinance rezoning property from R-3 and R-1-7.5 to R-2 (Anderson/Diamond, Applicants) . ordin~ndt amending the Municipal Code with respect to grades on driveways and flag drives. do \~' dO th 0 0 I 'd 0 h Or 1nance amen 1ng e Mun1c1pa Co e W1t respect to vision clearance standards. ordinanc~~amendingthe Bicycle Ordinance concerning audible signal devices and bike parking regulations. XII. OTHER BUSINESS FROM COUNCIL MEMBERS XIII. ADJOURNMENT MINUTES OF THE SPECIAL MEETING ASHLAND CITY COUNCIL OCTOBER 11, 1990 ROLL CALL Mayor Golden led the Pledge of Allegiance and called the meeting 'to order at 7:30 P.M. on the above date in the Council Chambers. Laws, Williams, Acklin, Winthrop, and Arnold were present. Reid was absent. PUBLIC HEARING Foster Bike study - Planning Dir. Fregonese gave the staff report. He gave stats on preferred modes of transportation and numbers of vehicle trips per day in various parts of town. Downtown is reaching capacity for V.T.D.'s. Rees Jones, Bike commissioner, said the big issue is safety on Siskiyou Blvd., and that bikepath has a history of accidents for which the City has been paying claims. Roger Noyes, Bike Commissioner, said that commission did not accept ,Foster's proposal for the section from N. Main to the City limits, and would like to see the road hazards and storm drains fixed. John Seligman, Bike Commissioner, said they recommend leaving the downtown section as it is but reducing the parking lane from eight feet to seven feet, and encouraging people to park closer to curbs. On E. Main they propose enlarging the outside lanes and narrowing the inside lane. Ken Gosling, Bike commissioner, said they propose signs to 1) encourage bicyclists to ride on the road shoulder on Siskiyou from Highway 66 to Tolman Creek Rd.; and 2) make motorists aware of the presence of bicyclists on the road. They recommend that the median strip on Siskiyou between Gresham and Highway 66 be reduced by five feet on each side, but side streets not be closed off. Pam Barlow, P.W. Admin. Asst., said the Bike Commission encourages the city Council to recognize the importance of bicycling by adopting the Foster Plan, w~th recommendations made by that commission. Public Hearing - Edmund Dews, 407 Siskiyou Blvd., does not feel the Siskiyou Blvd.bikepath is dangerous, he is concerned with destroying the aesthetic value of the median, and feels the Historic Commission should review the plan. He is also concerned with the cost. Terry Skibby, Historic commissioner, said the Boulevard median has historical value and should be left as is. Marjorie O'Harra, 1235 Tolman Creek Rd., said cyclists should obey traffic laws and motorists educated on how to share roads with them, and she does not want the median destroyed. She then read a letter from Virginia Cotton who is against cutting the median. Leon Swartzberg, Jr., spoke about safety 'hazards for bicyclists on N. Main st. Evelyn Strellman thinks coming out of cross streets onto the Boulevard would be more hazardouS if the median is narrower. Charles Inman recommended putting bicyclists on one side of the Boulevard and pedestrians on the other. Rick Landt thanked City officials for having the study done and he is concerned with taking away the grass and planting flowers on the median. Bob Special Meeting - Ashland City Council - October 11, 1990- Page One Foster Bike Plan (Continued) O'Harra, 1235 Tolman, asked that the median be left as is, and said using alternate routes i.e. E. Main street takes approximately the same amount of time. stan Shadle spoke in favor of the plan. Bob Cusumano said cutting the'median by three feet instead of five might be a good compromise. A resident said cyclists need consistency to learn to ride well and striping is a safety factor. Russ Rickert, Pres. of Siskiyou Wheelmen, said that group supports the Bicycle Commission and autos decrease livability. Esther Sohler, 505 Fairview, asked that consideration be given to people who can neither walk nor ride a bike. Jim Ragland, 91 Gresham, gave a short history of the Siskiyou bikepath, said alternates need to be found and the median should not be cut. Renee Rickert, Siskiyou Wheelmen, echoed that group's support of the Bicycle Commission. Robert Howell supports the Boulevard proposal and said three feet may be okay. Richard Ernst said parking should not be allowed downtown. A resident suggested looking at a railroad right-of-way. There being no further testimony from the audience, the public hearing was closed. williams said the Commission has looked at railroad right-of-ways but there are big obstacles to overcome; and State standards of six-foot bikelanes have been adopted. He thanked the Council for holding the hearing, and said the three foot ,compromise can be considered. On a question from Winthrop, P.W. Dir. Hall said the Highway Dept. does have a bicycle group who are open to reasonable suggestions. Williams said this is a conceptual plan and exact costs are not known, but approval is necessary in order to move ahead. Acklin said she hoped everyone can work together to come up with a good solution to the concerns expressed. Winthrop thanked the Bicycle commission for their efforts. ADJOURNMENT - The meeting adjourned at 9:40 P.M. Catherine M. Golden Mayor Nan E. Franklin City Recorder Special Meeting - Ashland City Council - October 11, 1990 - Page Two MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL OCTOBER 16, 1990 CALL TO ORDER: Mayor Golden led the Pledge of Allegiance and called the meeting to order at 7:30 P.M. on the above date in the Council Chambers. Laws, Reid, Williams, Acklin, winthrop, and Arnold were present. APPROVAL OF MINUTES: The minutes of the Regular Meeting of October 2, 1990 were approved as presented. SPECIAL PRESENTATIONS 'AWARDS: Mayor Golden presented Finance Director Turner with a plaque representing a certification of Achievement in Financial Reporting from the Government Finance Officers Association. Golden expressed appreciation for Turner's expertise and ability to work well with the public. CONSENT AGENDA: Williams moved to approve same as follows: 1) Minutes of Boards, Commissions , Committees; 2) Water Quality Status Report from RVCOG Water Coordinator Eric Dittmer; 3) Endorsement of nominations of the Ashland Masonic Lodge and Ashland Depot Hotel to the National Register of Historic Places; 4) Designation of Mayor as voting delegate and Council Chair as alternate at the L.O.C. Conference, Nov. 10-12, 1990. Winthrop seconded and the motion carried on voice vote. PUBLIC HEARINGS: P.A. No. 90-178 (Anderson/Diamond. Aoolicants) - Planning Dir. Fregonese gave the Staff report and said the request to rezone the property at 2300 Siskiyou Blvd. from R-3 and R-1-7.5 to R-2 reduces the density, and the Planning Commission recommends approval. On a question from Winthrop, Fregonese said the last line of page two of the P.C. Findings should be amended to read as follows: "Therefore, based on our overall conclusions, we recommend approval of Planning Action #90-178." The public hearing was opened and Curt Weaver, agent for the applicants, asked that the zone change be approved, said the barn and some trees will be retained, and on a, question from Almquist, said the billboard will come down. There being no further testimony from the audience, the public hearing was closed. Winthrop moved to adopt the Planning Commission's Findings as amended'above, Reid seconded and the motion passed unanimously on roll call vote. UNFINISHED BUSINESS: Adoot Findinas - P.A. 90-057 (Diane Seitz. Annlicant) - On a question from Golden, Fregonese said the Performance Standards Option does not require a minimum lot size. Reid asked about the public notice and City Attorney Salter said the error on the notice would not prejudice the neighbors because it showed a greater density than actually Regular Meeting - Ashland City Council - October 16, 1990 - P. 1 Findinas - P.A. 90-057 (Continued) exists. Laws asked about an engineering geologic study and Fregonese said it is only required when the slope of the land being built upon is greater than 50%. Winthrop moved to adopt the Planning Commission's Findings, adding the condition that the street name be unique and not easily confused with another street name in town, and approved by the Public Works Director. Williams seconded the motion which passed on roll call vote with Arnold voting NO. Reid doesn't agree with Salter's statement that the notice 'did not prejudice neighbors. Adoot Findinas - P.A. 90-120 (Secure storaae. Aoolicant) - city Administrator Almquist noted that the Findings were amended on page four, the second paragraph of Subsection A and read the revised section into the record. Winthrop noted that a clause was added to Condition #15 concerning exclusive annexation. On questions from Golden, Fregonese said the findings will be revised concerning the proposed residence and use of other E-1 lands for low employment purposes. Staff will bring back revised'Findings.at the next regular meeting. NEW & MISCELLANEOUS BUSINESS: Brown & Caldwell Nutrient StudY contract Amendment - Public Wks. Dir. Hall reviewed his memo requesting authorization for the Mayor to sign the amendment for tasks 2, 3, and 4 of the Facilities'Plan. Reid asked that the engineers be made aware of Parks land which could possibly be used as treatment pond sites. Arnold moved to authorize the request, Acklin seconded and the motion carried on voice vote. Northwest Conservation Act Coalition - Mayor Golden requested that the City join and said they are dedicated to pressuring energy compan1es to invest in and encourage conservation. Reid feels its important to join. Laws suggested an associate membership for one year and so moved. Reid seconded and the motion carried on voice vote. Sewer Connect Reauest - 1033 Clay st. - Hall recommended allowing the connection to the sewer, but the water cannot be connected until the property is annexed. Jackie Reid, Van Vleet Real Estate, said it would cost more to bring the well up to drinking water standards than to connect to city water. Laws moved to authorize the sewer connection and Reid seconded. Arnold asked about possible requirements for connections outside the city limits to comply with a future ban on phosphates, and Salter said the Municipal Code can be amended to make future regulations applicable to all users. Arnold requested that the motion include agreement by the applicant to be bound by all future rules and regulations of sewer users. Laws so amended the motion and Reid amended the second. The motion carried on voice vote. Regular Meeting -Ashland City Council - October 16, 1990 - P. 2 Reauest for Public Hearina - Mahar Pro;ect on Hersev st. - A discussion was'held on the scope of testimony to be allowed at the hearing. Reid does not want to limit the testimony. Arnold said issues raised by Mark Murphey in his recent letter to Council should be included along with others requested by Council. Acklin said it is appropriate to hear only the issues remanded by LUBA. Winthrop wants to know what citizens would like testimony to include. Arnold moved to set a public hearing using the notice form included in the agenda packet and include as section 3 testimony concerning capacity of schools, sewers, water, and traffic as same relate to new information since the decision was rendered by the Council. Winthrop seconded. Laws has not reviewed the record and will not take part in the decision concerning the planning action. The motion failed as follows on roll call vote: Reid and Arnold~ YES; Williams, Acklin, Winthrop, and Laws, NO. Salter suggested sOliciting written comments on the scope of the hearing to be accepted until 5:00 P.M. on November 1st. Winthrop so moved, Reid seconded and the motion passed on roll call vote with Acklin dissenting. Urban Services StudY - city Admin. Almquist reviewed his memo requesting that the City participate in an Urban Services Study contract with Portland State University. Acklin said the L.C.D.C. is involved in developing urban areas studies which may cover some of the same issues and coordination between the two agencies should be arranged so efforts are not duplicated. Acklin moved to approve the request, Winthrop seconded and the motion carried on voice vote. PUBLXC FORUM: Deborah Elliott, 692 Normal, is concerned about the safety of school children who cross Highway 66 at Normal Street. She spoke with Butch Parker, State Highway Div., regarding suspended crossing signs and crosswalks; and spoke of the school crossing guard program. Laws noted that senior citizens are also concerned with this intersection. Acklin said the Traffic Safety Commission should be involved. Winthrop requested the T.S.C. to consider the issue and report at the next meeting. P.W. Dir. Hall will draft a letter to the State Hwy. Div. for Council consideration. There being no further comment from the audience, the public forum was closed. ORDINANCES. RESOLUTXONS , CONTRACTS: Downtown parkina Limits and Zones - Hall gave a short presentation on the proposed changes. Reid said it is a mistake to park buses on pioneer Street because of safety and health hazards. John Schweiger spoke with Paul Nicholson, OSFA, who said its a problem getting senior citizens back on the correct buses. He said Hargadine could possibly be widened, for bus parking further up the hill. Schweiger then ,asked for three no parking zones in front of the Varsity Theatre on E. Main, instead of the existing two spaces. On a question from williams, Schweiger said a loading zone would create more blockage and be less safe for kids attending the movies. The ordinance was read. Laws suggested including a process for appealing the City Administrator's Regular Meeting - Ashland City Council - October 16, 1990 - P. 3 Downtown Parkinq Dist. (Continued) decisions to the T.S.C. Reid feels that safety responsibilities lie with the Council. Arnold moved to second reading, Acklin seconded the motion. Arnoid does not think appeals should be heard by the original decision-making body. Laws recommended adding a section 3. to read as follows: "Traffic regulations made by the City Administrator affecting parking may be appealed to the City Council." Arnold amended his motion to include the suggested wording, Acklin seconded and the motion passed on roll call vote with Reid voting NO. She objects to the bus parking. Mayor Golden left the meeting at 10:37 P.M. and Councilor "Acklin presided. General Obliqation ImDrovement Bonds - A resolution was read providing for the issuance of General Obligation Improvement Bonds. Williams moved to adopt same, Reid seconded and the motion passed unanimously on roll call vote. (Reso. #90-47) Illeqal Druq Lab Clean-uD - A resolution was read opposing the proposed DEQ rules for the drug lab clean-up program. Williams moved to adopt same, Winthrop seconded and the motion passed unanimously on roll call vote. (Reso. #90-48) Self-Insurance Pool - A resolution was read regarding membership in the City/County insurance service trust property self-insurance pool. Williams moved to second reading, Arnold seconded and the motion passed un~nimously on roll call vote. (Reso. #90-49) OTHER BUSINESS FROM COUNCIL MEMBERS: Councilors williams and Winthrop requested an informal gathering to discuss the Council's effectiveness and status of their goals. A short discussion was held during which Acklin suggested hearing from Department Heads in advance of the goal- setting session. Arnold said a session should be available to the public. Almquist will prepare a schedule for the above, between the first of November and the end of January. ADJOURNMENT: The meeting adjourned at 11:05 P.M. Nan E. Franklin City Recorder Catherine M. Golden Mayor Regular Meeting - Ashland City Council - October 16, 1990 - P. 4 MINUTES OF THE SPECIAL MEETING ASHLAND CITY COUNCIL NOVEMBER 1, 1990 Roll Call - The meeting commenced at 11:45 A.M. in the civic Center Council Chambers. Councilors Reid, Williams,' Acklin, Winthrop, and Arnold were present. Mayor Golden and Councilor Laws were absent. General obliqation xmprovement Bonds - Finance Director Jill Turner explained that the low bid on the general obligation improvement bonds was submitted by Kidder Peabody with an interest rate of 6.386792. A Resolution was read awarding the sale of the $660,000 bonds to Kidder Peabody. Arnold moved to adopt same, Winthrop seconded and the motion passed unanimously on roll call vote. (Reso. #90- 50) Liquor License - Arnold moved to endorse a liquor license application for the B&S Saloon, 180 Lithia Way. Reid seconded and the motion carried on voice vote. N.W.C.A.C. - Reid noted she had attended a meeting of the Northwest Conservation Act Coalition and asked Councilors to contact her if they have any questions. Adjournment - The meeting adjourned at 12:54 P.M. Karen Huckins Acting City Recorder Pat Acklin Council Chair MINUTES ASHLAND BICYCLE COMMISSION Monday, September 25, 1990 CALL TO ORDER Chairman williams called the meeting to order at 12:02 P.M. in the Council Chambers. In attendance were Rees Jones, Vern Niehaus', Irv Schueller, Keough, Ken Gosling. Also in attendance were John Fregonese, Steve Hall, Pam Barlow and Secretary Barbran Jones. APPROVAL OF MINUTES The Minutes from the August 27, 1990 meeting were approved with the following correction: Page 2, AMC vs. ORS, last line should read, "against state law." FOSTER STUDY Pam noted that she had done some P.R. with a brochure that would go into the bike shops and a utility newsletter. The video date was set for next Monday. Keough said he 'would be out of town so Vern volunteered to do the part on North Main. Rees said he was concerned with giving Council the opportunity to say no. He suggested that the Commission offer to do an engineering study since one will have to be done anyway, include a drawing of what the Boulevard will look like when narrowed, and stress water conservation. As a Councilor, Greg said he would rather decide what we were doing first before spending the money for a study which Council would be forced to consider. The intent of the public hearing is to present the "concept" which will be included in the Comp Plan showing liability, water conservation, and the transportation issues. Fregonese said it is important to indicate flexibility in your recommendations and have Council approve the concept of getting an extra lane from the median without changing it drastically. Rees asked what happens after Council approval (if they do). He commented that the Comp Plan written ten years ago is already obsolete and little action was taken, on forecasts for Ashland's future. Ken said he has received a lot of anger from the community regarding .the reduction of the median. Fregonesealso stressed the importance of getting the information to be public without being misinterpreted. Be definite of what you want. Rees said time is short because the transportation part of the Comp plan will be completed by next year. We realize this is not the perfect solution ~nd we need to work on the details so that the result will be beneficial to all concerned, not just cyclists. Fregonese said everyone will have to give a little. Freg~nese said never before' in history have we relied on the automobile as much we do today with emphasis on the single occupancy auto. LCDC is in the process of developing a strategy to reduce the reliability on the automobile. Ashland blames tourists for problem with congestion. The fOllowing-facts contradict that belief. 7,200 households in Ashland, approximately 70,000 trips per day, 9,700 trips per day by hotel patrons at peak season which adds 13% max. to existing traffic. 16% are home-based work trips, 61% are home-based non-work related trips, and 23% are non-home based. 2% (1400) trips are transient compared to 13% in large metro area. -~r -~- - Bicycle Commission - Minutes september 24, 1990 Page 2 A 1968 figure shows 86% of the trips started in Ashland ended in Ashland with the bulk less than one mile - 8% go to Medford. 1980 figures show 57% trips are to work alone, 18% carpool, 1.4% transient, 14.6% walkeq and 5% other, 3.1% work at home. Hopeful goals: 10% bike use (as in Eugene), from 2% to 5% transient, from 15% to 20% walkers, from 1.4 to 1;5 auto use" 2% more of all non- work related trips, would cause a 13% reduction in traffic (tourism represents 10% increase in Ashland). People are concerned with too much growth but Census figures show 1200 people, only 8% growth, which is the least amount since WW-II. Currently, there are 30,000 vehicles per day at 2nd street downtown (4 lanes) which is at capacity. We need to emphasize pedestrian/bike/ mass transit! We need to restrict any more "deals" for parking spaces/lots. The Community Development Department has purchased a City bike to use for inspections and short trips. It cost approximately 10 tanks of gas. Fregonese agreed to present this to Council on the night of the public hearing. LOADING ZONE IN BIKE LANE , Business owners adjacent to the loading zone on E. Main street were' notified that the Bike Commission requested removal of the zone. Some were concerned about handicapped people needing the space but staff observed that there is-plenty of space available in the adjacent parking lot to locate handicap parking. The Commission agreed unanimously to remove the loading zone. Will go to Traffic Safety Commission on September 27th. MISCELLANEOUS Rees noted to staff that 4' curb cuts had been placed on Wightman instead of 15' as recommended in the March minutes. Steve said he would look into it. Rees also said traffic counts are necessary in the near future. .Ken noted that on September 11th he took a traffic count at Triangle Park between 5 and 6 PM and counted 23 bikes on the sidewalk and 9 on the street., It was suggested that college students were a good resource. Seasonal counts were also suggested. ADJOURNMENT The meeting was adjourned at 1:15 P.M. J. I I . APPROVAL OF MINtn'ES Commissioner Crawford made a motion to approve the minutes of the Regular Meeting of August 21, 1990 as written. Commissioner Reynolds seconded. ~ The vote was: ,4 yes - 1 abstain (Pyle) I \, i 1 j i ! I i I i ; i ~ j r ! I I I i i I I I 1 ! ! I I 1 j I ~ ! i I CITY OF ASHLAND PARKS AND RECREATION COMMISSION REGULAR MEETING September 26, 1990 Chair Pyle called the meeting to order at 7:30 p.m. at 340 S. Pioneer Street. ATTENDANCE: Present: Absent: Reynolds, Adams, Crawford, Pyle, Howard, Mickelsen. None I. ADDITIONS OR DBLETIONS None III. BILLS AND FINANCES A. Approval of previous month's disbursements Commissioner Crawford made a motion to approve the disbursements from the previous month as indicated by Payroll checks #3962 through #41Q4 in the amount of $47,859.13 and Payables checks #4221 through #4365 in 'the amount of $50,529.13. Commissioner Adams seconded. The vote was: 5 yes - 0 no B. Resolution on interfund loans Having reviewed a memorandum from Director Mickelsen concerning the probable necessity for the Parks and Recreation Fund to assist the Recreation Serial Levy Fund for cash flow until the current fiscal year's tax monies begin to arrive, Commissioner Reynolds made a motion to authorize interfund loans among the funds administered by the Commission. Commissioner Crawford seconded. The vote was: 5 yes - 0 no C. Certificate of Achievement - 1988-89 Director Mickelsen reported to the Commission that he had received notification that the Commission had been awarded the Certificate of Achievement for Excellence in Financial Reporting for its component unit financial report for fiscal year 1988-89. He expressed his appreciation to the Commission and department staff for the support and hard work which enables the department to maintain its high standards. The Commission expressed its appreciation for maintaining such standards. Ashland Parks and Recreation Commission ReRular MeetinR - September 26, 1990 Page 2 IV. AUDIENCE PARTICIPATION ON THE AGENDA None V. AUDIENCE PARTICIPATION NOT ON THE AGENDA None VI. OLD BUSINESS A. Review of options for South Pioneer Street The resurfacing of Granite Street conlpleted, the Commission having reviewed the information previously gathered concerning the closure of So. Pioneer Street to vehicle traffic, Commissioner Crawford made a motion to follow through on the motion of July 18, 1989 to close the road to vehicle traffic for a probationary two year period. Commissioner Howard seconded. MOTION In discussion of the motion, Commissioner Adams indicated that in her opinion it would be more expedient for the Commission to work directly with th~ Traffic Safety Commission, the Planning Commission, and the Ashland Bicycle Commission to gain their points of view and recommendations prior to taking the proposal to the Council. The Commissioners generally concurred with approach. The vote was: 5 yes - 0 no B. DesiRn for Lithia Mill site The Commission reviewed a draft of the final proposal for design of the Lithia Mill park site. Director Mickelsen indicated that total cost for development of the area would be approximately $85,000 not including playground equipment and other recreational amenities. The department currently has $50,000 allocated in this years budget for initial sidewalks and irrigation. Director Mickelsen requested that, if the Commissioners approved of the basic design as presented, that it be approved so that work could begin on the initial phase. MOTION Commissioner Adams made a motion to approve the design as presented. Commissioner Reynolds seconded. In discussion of the motion, Commissioners confirmed that minor modifications could be made as work progressed. One items which would need to be decided soon is whether or not the volleyball courts would have a sand or grass playing surface. It will affect the irrigation design. The vote was: 5 yes - 0 no C. Press release "Open Space Fund" Director Mickelsen indicated that he had been receiving comments indicating that the Commission should be more aggressive in letting the public know that the "Open Space Fund" has been set up and that there is a means to make donations to the program. Director Mickelsen said that the persons who contacted him felt that there should be more media coverage of the fund. Chair Pyle had recommended that the topic be put on the agenda for discussion. 1-- Ashland Parks and Recreation Commission Regular Meeting - September 26, 1990 Page 3 Press release "Open Space Fund" - con't. Commissioner Howard recommended that the new media be contacted suggesting that an article be written on the establishment of the fund. There was brief discussion as to whether or not the media would consider an artic1p- on the fund newsworthy. Commissioner Reynolds expressed the opinion that the media might 'choose to write an article to let the public know that the topic of funding open space was still alive and well even though it was on hold for a little bit. The establishment of the fund could be an aspect of such an article. Other ideas included an item in the utility bill mailing as well as clubs and organizations. Chair Pyle indicated that he would contact the media to see if they were interested in writing such an article. VII. NEW BUSINESS A. Capital Improvement Plan The Commission reviewed a memorandum concerning establishing a Capital Improvement Plan (CIP) in conjunction with City efforts to establish the new System Development Charge (SDC). Director Mickelsen reported that in order for the Commission to meet the City's time line for establishment of the SDC, the Commission needs to complete the ClP process by the end of October. After discussing both the process and various elements of both a Capital Improvement Plan and System Development Charges, Chair Pyle indicated that later in the meeting a date would be set for a study session. VIII. CORRESPONDENCE, COMMUNICATIONS, DIRECTOR'S REPORT The Commission reviewed several letters from people expressing support for Ashland's Marketplace. Director Mickelsen reported that the committee on the marketplace had not yet been able to meet and that Judie Bunch would be out of town until the middle of October. Commissioner Howard suggested that the committee meet the week thank Ms. Bunch is back in town. The Commission decided to further a letter from Tom Kennedy concerning the condition of the golf course restrooms on to the City with support for the idea that some improvements be considered. Director Mickelsen reported that he and Commissioner Adams had scheduled a meeting with the Tayler Foundation Board for October 4th indicating that the board has expressed support for Phase I of the project. He also reported that "the Ci ty would have their things cleared out of the area by October 15th. Director Mickelsen reportpd that he had attended a very informative conference on open space in Palo Alto. As to the problem of funding, he said that the conference offered no magic solutions; that various cOlmnunities handle funding in various ways. Ashland Parks and Recreation Commission Re~ular Meeting - September 26, 1990 Page 4 IX. ITEMS FROM COMMISSIONERS Commissioner Crawford said that she had received a request to have the picnic table at Triangle Park replaced. She indicated that she would like to have some thought given as to what kind of table set-up might be put in the gazebo which might be more suitable for its shape and design. Commissioner Reynolds said that she would like the Commission to consider putting in a light at the tot end of the playground in Lithia Park. She also said that she would like the concept of an inter-area city volleyball program for teens considered indicating that so many young people are interested and enthusiastic in the sport that a popular recreational program could possible be arranged. Commissioner Adams expressed her concern that as yet the joint committee between the Council and Commission on open space funding had not yet met. Her concern was that time was drifting by and that the Commission, if it chose to go to initiative in March, would not have adequate time to prepare if the committee did not meet soon. After brief discussion, Chair Pyle indicated that he would contact the Mayor see whether or not a meeting could be set up for the following week. Commissioner Howard indicated that he would like to see some projected planning for draining and refinishing the pool now that it has closed for the season. He said that he felt the project should be seriously considered if we have a good wet winter and that the longer we wait the more potential problems could be run into. X. NEXT MONTH'S AGENDA The next Regular Meeting was scheduled for Wednesday, October 17, 1990 at 7:00 p.m. A Study Session on the Capi.tal Improvement Plan was scheduled at 6:00 p.m. prior to the Regular Meeting. A Study Session on Open Space was scheduled for October 4, 1990 at 6:00 p.m. Commissioner Crawford requested that at the next Regular Meeting the Commission review general park usage policies. XI. ADJOURNMENT With no further business, Chair Pyle adjourned the meeting. Rer;;U~ Ann Benedict Mana;gement Ass1's>tant _~-L CITY OF ASHLAND PARKS AND RECREATION COMMISSION REGULAR. MEETING September 26, 1990 Chair Pyle called the meeting to order at 7:30 p.m. at 340 S. Pioneer Street. A'ITBNDANCE: Present: Absent: Reynolds, Adams, Crawford, Pyle, Howard, Mickelsen. None I. ADDITIONS OR DELETIONS None II. APPROVAL OF MINtrfES Commissioner Crawford made a motion to approve the minutes of the Regular Meeting of August 21, 1990 as written. Commissioner Reynolds seconded. ~ The vote was: ,4 yes - 1 abstain (Pyle) III. BILLS AND FINANCES A. Approval of previous month's disbursements Commissioner Crawford made a motion to approve the disbursements from the previous month as indicated by Payroll checks "3962 through "4lQ4 in the amount of $47,859.13 and Payables checks "4221 through "4365 in 'the amount of $50,529.13. Commissioner Adams seconded. The vote was: 5 yes - 0 no B. Resolution on interfund loans Having reviewed a memorandum from Director Mickelsen concerning the probable necessity for the Parks and Recreation Fund to assist the Recreation Serial Levy Fund for cash flow until the current fiscal year's tax monies begin to arrive, Commissioner Reynolds made a motion to authorize interfund loans among the funds administered by the Commission. Commissioner Crawford seconded. The vote was: 5 yes - 0 no C. Certificate of Achievement - 1988-89 Director Mickelsen reported to the Commission that he had received notification that the Commission had been awarded the Certificate of Achievement for Excellence in Financial Reporting for its component unit financial report for fiscal year 1988-89. He expressed his appreciation to the Commission and department staff for the support and hard work which enables the department to maintain its high standards. The Commission expressed its appreciation for maintaining such standards. Ashland Parks and Recreation Conunission Re~ular Meetin~ - September 26, 1990 Page 2 IV. AUDIENCE PARTICIPATION ON THE AGENDA None V. AUDIENCE PARTICIPATION NOT ON THE AGENDA None VI. OLD BUSINESS A. Review of options for South Pioneer Street The resurfacing of Granite Street completed, the Conunission having reviewed the information previously gathered concerning the closure of So. Pioneer Street to vehicle traffic, Conunissioner Crawford made a motion to follow through on the motion of July 18, 1989 to close the road to vehicle traffic for a probationary two year period. Conunissioner Howard seconded. MOTION In discussion of the motion, Co~nissioner Adams indicated that in her opinion it would be more expedient for the Commission to work directly with th~ Traffic Safety Conunission, the Planning Conunission, and the Ashland Bicycle Conunission to gain their points of view and reconunendations prior to taking the proposal to the Council. The Commissioners generally concurred with approach. The vote was: 5 yes - 0 no B. Desi~n for Lithia Mill site The Commission reviewed a draft of the final proposal for design of the Lithia Mill park site. Director Mickelsen indicated that total cost for development of the area would be approximately $85,000 not including playground equipment and other recreational amenities. The department currently has $50,000 allocated in this years budget for initial sidewalks and irrigation. Director Mickelsen requested that, if the Conunissioners approved of the basic design as presented, that it be approved so that work could begin on the initial phase. MOTION Conunissioner Adams made a motion to approve the design as presented. Conunissioner Reynolds seconded. In discussion of the motion, COllun.issioners confirmed that minor modifications could be made as work progressed. One items which would need to be decided soon is whether or not the volleyball courts would have a sand or grass playing surface. It will affect the irrigation design. The vote was: 5 yes - 0 no C. Press release "Open Space Fund" Director Mickelsen indicated that he had been receiving conunents indicating that the Commission should be more aggressive in letting the public know that the "Open Space Fund" has been set up and that there is a means to make donations to the program. Director Mickelsen said that the persons who contacted him felt that there should be more media coverage of the fund. Chair Pyle had reconunended that the topic be put on the agenda for discussion. Ashland Parks and Recreation Commission Regular Meeting - September 26, 1990 Page 3 Press release "Open Space Fund" - con't. Commissioner Howard recommended that the new media be contacted suggesting that an article be written on the establishment of the fund. There was brief discussion as to whether or not the media would consider an article on the fund newsworthy. Commissioner Reynolds expressed the opinion that the media might 'choose to write an article to let the public know that the topic of funding open space was still alive and well even though it was on hold for a little bit. The establishment of the fund could be an aspect of such an article. Other ideas included an item in the utility bill mailing as well as clubs and organizations. Chair Pyle indicated that he would contact the media to see if they were interested in writing such an article. VII. NEW BUSINESS A. Capital Improvement Plan The Commission reviewed a memorandum concerning establishing a Capital Improvement Plan (CIP) in conjunction with City efforts to establish the new System Development Charge (SDC). Director Mickelsen reported that in order for the Commission to meet the City's time line for establishment of the SDC, the Commission needs to complete the CIP process by the end of October. After discussing both the process and various elements of both a Capital Improvement Plan and System Development Charges, Chair Pyle indicated that later in the meeting a date would be set for a study session. VIII. CORRESPONDENCE, CO~mICATIONS, DIRECTOR'S REPORT The Commission reviewed several letters from people expressing support for Ashland's Marketplace. Director Mickelsen reported that the committee on the marketplace had not yet been able to meet and that Judie Bunch would be out of town until the middle of October. Commissioner Howard suggested that the committee meet the week thank Ms. Bunch is back in town. The Commission decided to further a letter from Tom Kennedy concerning the condition of the golf course restrooms on to the City with support for the idea that some improvements be considered. Director Mickelsen reported that he and Commissioner Adams had scheduled a meeting with the Tayler Foundation Board for October 4th indicating that the board has expressed support for Phase I of the project. He also reported that 'the City would have their things cleared out of the area by October 15th. Director Mickelsen reportpd that he had attended a very informative confer.ence on open space in Palo Alto. As to the problem of funding, he said that the conference offered no magic solutions; that various communities handle funding in various ways. Ashland Parks and Recreation Commission Re~ular Meetin~ - September 26, 1990 Page 4 IX. ITEMS FROM COMMISSIONERS Commissioner Crawford said that she had received a request to have the picnic table at Triangle Park replaced. She indicated that she would like to have some thought given as to what kind of table set-up might be put in the gazebo which might be more suitable for its shape and design. Commissioner Reynolds said that she would like the Commission to consider putting in a light at the tot end of the playground in Lithia Park. She also said that she would like the concept of an inter-area city volleyball program for teens considered indicating that so many young people are interested and enthusiastic in the sport that a popular recreational program could possible be arranged. Commissioner Adams expressed her concern that as yet the joint committee between the Council and Commission on open space funding had not yet met. Her concern was that time was drifting by and that the Conunission, if it chose to go to initiative in March, would not have adequate time to prepare if the cOIDUlittee did not meet soon. After brief discussion, Chair Pyle indicated that he would contact the Mayor see whether or not a meeting could be set up for the following week. Commissioner Howard indicated that he would like to see some projected planning for draining and refinishing the pool now that it has closed for the season. He said that he felt the project should be seriously considered if we have a good wet winter and that the longer we wait the more potential problems could be run into. X. NEXT MONTH t S AGENDA The next Regular Meeting was scheduled for Wednesday, October 17, 1990 at 7:00 p.m. A Study Session on the Capital Improvement Plan was scheduled at 6:00 p.m. prior to the Regular Meeting. A Study Session on Open Space was scheduled for October 4, 1990 at 6:00 p.m. Commissioner Crawford requested that at the next Regular Meeting the Commission review general park usage policies. XI. ADJOURNMENT With no further business, Chair Pyle adjourned the meeting. Rer;U~ Ann Benedict ManagementAssis~ant 926 South Grape Medford, OR 97501 (503) 779-1814 FAJ((503)7~2278 October 25, 1990 TCICablevision of Oregon, Inc. Brian Almquist City Administrator 20 East Main Street Ashland, OR 97520 Dear Mr. Almquist: We are delighted to announce the addition of selected Prime Sports Northwest (PSN) programming to our channel lineup. Beginning Friday, October 26, 1990 on cable channel 5, we will provide selected coverage of the region's only all-sports ,network. Due to our limited channel capacity, we will air PSN on Fridays from 6:0b pm to 12:00 midnight and Saturdays from 9:00 am to 12:00 midnight. This selected coverage will bring the best that PSN offers. Friday programming will include coaches' shows from a number of universities, including the University of Oregon and Oregon State University. Saturday programming will cover a variety of sporting events, including foot- ball, volleyball, basketball, hockey and soccer, as well as many other special events. We believe this addition of PSN programming will further enhance our service to our customers. Please contact me if you have any further questions. Sincerely, 14~ Ken Reske General Manager KR:js ..- I~ An Equal Opportunity Employer LAW OFFICES AINSWORTH, DAVIS, GILSTRAP, HARRIS, BAWCCA & FITCH, P.C. SIDNEY E, AINSWORTH JACK DAVIS DAVID V, GILSTRAP DANIEL L. HARRIS MICHAEL G, BALOCCA KENNETH C, FITCH SIS EAST MAIN STREET ASHLAND, OREGON 97520 (503) 482-3111 FAX (503) 488-4455 October 29, 1990 BRIAN ALMQUIST ASHLAND CITY HALL ASHLAND OR 97520 Re: Oak Knoll Enterprise, Inc. File No. 78-107 Dear Brian: SAM B. DAVIS - Retired DONALD M, PINNOCK - Retired Walt Ross has agreed to sell his shareholding in the above corporation to the corporation. Technically, according to the lease, we should have your consent to that transaction. Please sign the enclosed copy and return it to me representing the City'S approval of that sale. Yours truly, AINS ORTH, DAVIS, GILSTRAP, HARRI BALOCCA & FITCH, P.C. "-. ~--...,.......------./ ~emnrnndum October 31, 1990 ijIn: Ashland City Council ~rn~: Michael Donovan, Chair, Recycling Task Force ~ubjed: Recommendations At our meeting on October 16th, the Task Force members passed two motions recommending that the Council take the following actions: 1. Authorize $4,000 to pay for one-half of an additional 1,500 blue curbside recycling bins. Ashland Sanitary Service will pay the other half, $4,000. They have given out 1450: of the 1500 we helped purchase last February. The Task Force members believe curbside recycling is an important part of our program and this is an excellent use of the City's money. Ashland Sanitary has 3,631 customers and believes they will give out another 1,500 bins to Ashland residents. 2. Pass a motion urging Ashland voters to vote YES on Ballot Measure 6 - the recycling measure. We later realized that you would not have a Council meeting until election day, which would obviously be too late to pass a resolution that would have any impact. I have enclosed a copy of the ballot measure so at least you can read it thoroughly before you go to the polls and vote on it. ral resources, it is the policy of the State of Oregon. to require materials used in packaging to be reusable or recyclable as a means of lessening the substantial and increasing burdens that these mate- BALLOT TITLE rials place on the sttte's capacity to manage its growing solid waste ':.. . ,'..' '.. . , ' problems, , ' ".'1' ,,' ...." ..', ,::. ,".:, " , ',':'...~;,::\;~:::';::~:r:':~:V";':::{\~:n,::,.,\Vf<j,;:::;<i?~:.:, ",:.,,:."';:/, (2) The purpose of this Act is to increase reuse and recycling of >, '. :,;:~';::':'~:!J!~"!1~~'~~_' ,~:: i~,~ ,::,/',;~~;t:i~::\i,L materials used in. packaging in or~er to: (a) co~serve natural :;,:\",:', '. ',::.. ',:'i&lt!'J:.I "" ::"'::':~:+, '<I!:J;~::~C'~~$;g" ,::~..,' :'::':::: ';:<:":: resources; (b) reduce the amount of sobd waste that 18 landfilled and '~,,::f~\..,;:'>:,y,~:,\,:~~C:"t~'i:_' ':,:\l!;tiS":S":.: incinerated; and (c) prevent pollution and other environmental :: ,Ql1~mION-By;,.l9.9.3~: problems caused by the production and disposal of virgin materials, f\~\~:I~\I~r . Act~~;:~<:e~'s~E~e~: :~o~td~;:~~~:k:~~ ~~f~: ,.:\t\% not environmentally lOund packaging af\er December 31, 1992, ><\{ Each packager shall maintain proof that his or her packaging com- f! plies with one or more of the following standards for environmen- tally sound packaging: (a) reusable: packaging that is used five or more times for the same or a sub~tantially siIpilar use; (b) made of recycled materials: packaging that is composed of recycled material, so that 50 percent or more of the weight ofthe packaging is recycled material; (c) recyclable:. packaging that is being recycled statewide through an effective recycling program; or. (d) made of recyclable material: packaging that is composed of a type of material that is being effectively recycled statewide.' . (2) For purposes of this Act, an effective recycling program is one that is certified by the Department of Environmen~ Quality as . meeting the following .criteria: (a) scope: the program is designed to recycle a readily identifiable category of packaging which represents a significant amount of solid waste in Oregon; and (b) recycling rates: the packaging is being recycled statewide at a 15 percent rate by January 1, 1993, at a 30 percent rate by January 1, 1996, at a 45 percent rate by J~nuary 1, 1999, and at a 60 percent rate by J.anuary 1, 2002. (3) For purposes of this' Act,. a type of material is effectively recycled if the department certifies that material of that type which otherwise would be discarded is being recycled statewide at a 15 percent rate by January 1, 1993, at a 30 percent rate by January 1, 1996, at a 45 percent rate by January 1, 1999, and at a 60 percent rate by January 1, 2002. For packaging composed of more than one material, each material in the packaging that represents more than an insubstantial part of the packaging must be of a type that meets the specified recycling rates, . (4) The Environmental Quality Commission may waive the 15 percent recycling requirement for a type of material under subsec- tion (3) ofthis section if packagers using that type of material prove: (a) there are substantial barriers to meeting the 15 percent require- ment'by January 1, 1993; (b) there has been substantial investment and measurable progress in improving recycling rates after January , 1, 1990; and (c) there is a 8ubstantiallikelihood that such invest- m~nt and progr~ss will continue aIld result in that type of material achieving a 30 percent recycling rate by Jan~ry 1, 1996, SECTION 5. (1) On September 1, 1992 and annually thereafter, the Department of Environmental Quality shall publish recycling rates for types' of ~terials used in packaging. For each type of material, the recycling rate shall include material of that type from all uses, not just packaging' uses. For each type of material, the department shall calculate the recycling rate as a fraction in which the. denominator represents, the weight in P9unds of the material . from all uses that is landfilled, incinerated imd recycled, and the numerator represents the weight in p<)unds of the material from all, uses that is recycled. The department shall derive recycling rates through 'represen~tive sampling of the state's solid waste stream and recycling programs. (2) The department shall calculate recycling rates under subsec- tion (1) of this section for the following materials: (a) common types of paper, such as corrugated and kraft paper; (b) common types of glass. such as container glass; (c) common types of plastics, such as polyethylene terephthalate; (d) common types of metals,' such as aluminum; and (e) any other type of material used in packaging for which there is a reasonable likelihood that'material of that. type is Measure No. 6 STATE OF OREGON Proposed by initiative petition to be voted on at the general election, , November6, 1990, AN ACT Be It Enacted by the People of the State of Orego~: . SECTION 1. This Act shall be known aathe Oregon Recycling Act, SECTION 2. As used in sections 2 to 16 of this Act: (1) "Commission" means 'the Environmental Quality Commis- sion,' . (2) "Department" means the Department of Environmental Quality. (3) "Environmentally sound pack~g" means packaging that is reusable, made of recycled material, recyclable, or made of recyclable material, - , (4) "Material" means a substance from which packaging is made. including paper, glass. plast~C8, metals, and any other existing or new substance used to make packaging. (5) "Packager" means: (a) for packaging in which products are placed prior to their entry into Oregon, the first person to receive posession of the product in Oregon for purposes of wholesale or retail sale; (b) for packaging in which products are placed within Oregon prior to retail sale, the person responsible for placing the 'product in the packaging; and (c) for packaging in which prod,..cts are placed at the point of retail sale, the retail seller. Packager does not include a retail seller with fewer than ten employees. (6) "Packaging" means any container or other pack8ge used to protect, store, contain, transport, display, or sell products, (7) "Person" means any individual, partnership, corporation, association, firm. trust, estate, or other legal entity engaged in com- merce, including the. State of Oregon and any authority, district, or polit~calsubdivision of the ~tate of Oregon. . ' (8) "Product" means any commodity destined for wholesale or retail sale. (9) "Recycled material" means any material which has been. recycled. . , (10) "Recycle" means to collect, process, and return to commerce materials which otherwise would be discarded, Recycling does not include burning or cotIlPosting materials. (11) "Retail sale" means sale to a buyer for consumption or use other than resale or further processing or manufacturing. (12) "Wholesale sale" means sale to a buyer for the purpose of resale or further processing or manufacturing, SECTION 3. (1) In the interest of public health, safety, and welfare and in order to protect the enyironment and conserve natu- CONTINUED 44 Official 1990 General Voters' Pamphlet . ; ~-, . Measure No.6 STATE OF OREGON being recycled at the recycling rates established 'in subsection (3) of section 4 of this Act. 'The department shall classify materials into types based on how those materials commonly are recycled, so that separate recycling rates shall be calculated for types of materials that commonly are separated from other types of materials in the recycling process. The department may revise these classifications periodically to correspond to changes in recycling technologies and practices. -.' (3) In addition to the recycling rates required by'subsection (2) of this section, the department shall calculate an aggregate recycling rate for all paper used for any purpose, including but not limited to corrugated and kraft paper, mixed waste paper, 'newspaper, and office paper. ' (4) The department shall certify a type of material as being effec- tively recycled if, under the provisions of either subsection (2) or subsection (3) of this section, the department determines that material of that type is being recycled at the recycling rates established in subsection (3) of section 4 of this Act.. , ' SECTION 8. Section 4 of this Act does not apply to packaging specifically required by federal law , packaging for- medication pre- scribed by physicians, packaging necessary to provide tamper- resistant seals for public health purposes, and packaging for prod- ucts destined for export from Oregon - if the packaging is not separated from the product before export. SECTION. 7. '(1) The Department of Environmental Quality may grant a conditional exemption from any requirement of this Act if the department finds that the - requirement, when' applied to a particular type of packaging- used with a - specified product, would impose undue hardship on the general publiC'. (2) A pack8ger applying for a _ conditional exemption under this section shall bear the burden of proof in establishing undue hardship on Oregon residents. Increased cost shall not CQnstitute a basis for establishing undue hardship. Undue hardship shallbe established by providing clear and convincing evidence that the :packaging meets one or more of the following criteria: (a) there is no' environmentally sound packaging available for that type of product; (b) the packag- ing is necessary to comply with health or safety laws and there is no environmentally sound packaging available that complies with those health or safety laws; (c),the packaging provides net environ- mental benefitS that _ are demonstrably superior to those of all available alternativeS; (d) the packaging represents an innovative approach to meeting - the environmentally sound packaging stan- dards of this Act and there is a substantial likelihood that it will meet those standards if given a one-year grace period in which to establish compliance with those standards; or (e) the packaging is necessary to satisfy another compelling public interest and there is no environmentally - sound packaging available that adequately serves the 8I*ified_interest. (3) A packager applying for a conditional exemption shall submit a written application to the department and . shall pay an annual application fee sufficient to ,cover the costs to the department Df processing and ruling on the application. " (4) Before ~ting a conditional exemption, the - department must make a written rmding of undue hardship. A cOnditional exemption must be renewed annually and shall not be renewed if the basis for the finding of undue hardship is no longer applicable. SECTION 8. (1) Retail sellers shall provide consumers with readily accessible information on environmentally sound packaging stan- dards and the application of those standards to specific packaging sold in their stores. Informatio~ shall be provided through shelf signs -and other posted signs as required' by . the Environmental Quality Commission. (2) The Department of Environmental Quality shall design an official environmentally sound packaging logo by January 1, 1992, which packagers may affix to any packaging that coinplies with the environmentally sound packaging standards established in section 4 of this Act. SECTION 9. (1) The Department of Environmental Quality may inspect packaging and determine whether, the packaging is enviroJ)- CONTINUED I~ mentally sound packaging after December 31, 1992. The department each year shall inspect a random sampling of different types of packaging and insure that any inspected packaging complies with the provisions of this Act. The department also shall inspect . particular packaging when requested to do so by a petition signed by at least 100 Oregon residents. (2) If, on the basis of the department's inspection or any other information, the department determines that any packager has violated or is in violation of any provision of this Act or any rule adopted or order issued under this Act, the aepartment shall issue an order reqUiring compliance or assessing a civil penalty for any violation, or both. (3) For the. first violation, the department shall issue an order requiring compliance, with notIce of intent to assess a civil penalty if the violation continues or is repeated. For a second violation, or a repeat or continuing violation, the department may assess a civil penalty not to exceed $1000 for each day of violation. (4)' Any order issued under this section shall take effect 21 days after the date the order is issued unless the respondent requests a hearing before the Environmental Quality Commission within the 21-~y period. The request for hearing shall be in writing and shall include the reasons for' requesting the hearing. All hearings before the commission shall comply with the provisions of ORB 183.310 to ,183.550 applicab.1e to a Contested case proceeding. (5) Unless the amount of the penalty is paid within 10 days after the order becomes rmal, the order shall constitute a judgment and may be ftledin accordance with the provisions of ORB 18.320 to 18.370. (6) The department may request the Attorney General to seek equitable or injunctive' relief to enforce any order issued by the department pursuant to this Act. SECTION IO~ The AttomeyGeneral, at the request of the Department of Environmental Quality or independently, may con- duct investigatioris and seek equitable or injunctive relief in any court of competent jurisdiction against any packager who violates any provisions of this Act or any rule adopted or order issued tmder this Act. For a second violation,. or a repeat or continuing violation, the Attorney General may s~k a fine not to exceed $1000 for each day of violation. SECTION II. The Attorney General or any district attorney may bring an action in any court of competent jurisdiction against any packager whokriowingly and willfully engages in repeated violations of any provision ofthis Act or any rule adopted or order issued under this Act. Upon conviction under this section, a packager shall be subject to a penalty of not more than $10,000 for each day of violation. SECTION 12. (1) Any Oregon resident, or organization represent- ing Oregon residents, may' bring a civil action for fines or injunctive or equitable relief against any packager alleged to be in violation of any provisjon of this Act or any rule adopted or order issued under this Act. A civil action under this section may not be commenced: (a) prior to 60 days after the plaintiffs have given tiotice of the violation to'the alleged violator~ the Department of Environmental Quality and the Attorney General; or (b) if the department or the Attorney General bas commenced and is diligently prosecuting a civil or administrative actio~ to require compliance with the rele- - vant provisions of this Act. If the ~partment or the Attorney General has brought an action, any Oregon resident or organization representing Oregon residents may intervene in that action. (2) 'In issuing any final order in an action brought, or intervened in, under subsection (1) of this section, the court may award costs of litigation, including reasonable attorney and expert witness fees, to any individual or organization who advances the purposes of this Act. SECTION 13. On or before January 1, 1992, the Environmental Quality Commission shall adopt rules to carry out the provisions of this Act. The rules shall include but need not be limited to: (1) Requirements for packagers to prove their compliance with the environmentally sound packaging standards established in section 4 of this Act, and procedures for the department to insure effective .... Official 1990 General Voters' Pamphlet 45 Measure No.6 STATE OF OREGON department oversight of packager compliance with those standards. (2) Provisions related to department certification of effective recycling programs under section 4 of this Act. , (3) Provisions for determining when a material is eligible for a waiver of the 15 percent recycling standard under section 4 of this Act. (4) Provisions related to department classification of types of materials and calculation of recycling rates under section 5 of this Act. \. ' (5) Guidelines for departmenf\'eview of exemptions under~c- tions 6 and 7 of this Act. (6) A schedule of annual application fees to be collected from , packagers requesting exemptions under section 7 of this Act. The fees shall be an amount necessary to recover the department'i costs in administering the exemption program. " , (7) Requirements for consumer information under section 8 of this Act. ' SECTION 14. The Department of Environmental Quality shall establish an advisory committee to assist in establishing rules related to the provisions of this Act and to make recommendations on additional steps to be taken to- develop recycling markets, to reduce barriers to recycling, and to reduce excessiv~ packaging. The advisory committee shall include 'representativeS, o( the ,public, en~nmental organizations, and affected industries. " SECTION 15. This Act shall not preclude or in any way limit the right of local jurisdictions to restrict, orothe~ regulate packaging more stringently than this Act. , " , ' SEctION 16. The Legislative Assembly shall appropriate suf- ficient funds or authorize the collection of sufficient funds and the expenditure of such funds to enable the Department of Environmen- tal Quality to carry out fully its.responsibilities under thiS Act. , ' CONTINUED f' :, ~ EXPLANA liON This measure sets a state policy to' require ~~rials used in packaging to be reusable or recyclable. The measure requires all non- exempt packaging for products 89ld at wholesale or retail in Oregon to mee,-one ,of the following "envirollJIlentally sound packagingtl standards by January 1, 1993: 1) reusable - packaging used five or more times for the same, or . similar use; 2) recycled content - packaging composed of at least 50 percent recycled material by weight; or 3) recyclable -' p~kagingbeing recycled statewide through an effective recycling program or packaging made from materials that are being effectively recycled statewide. To meet the "recyclabletl standard, packaging or its component materials must meet the following statewide recycling rates: 15 percent by 1993, 30 percent by 1996, 45 perceJ1t by 1999, and 60 percent by 2002. '. Products in packaging which does not meet the standards caDnot ,be sold in such packaging un1ess,th~ packaging is exempt, or a hardship waiver is obtained. Businesses which must comply, with standards include, Oregon retailers ~th ten or more employees, wholesalers, and manufacturers. The Depar:tment of EnVironmental QUality must publish annual statewide recycling ra~ for common types of paper, glass, pl8stic, metal, and any other ~ype of paclcaging Diaterial which may qualify as recyclable. In calc~ting these recycling rates, the Department must include all uses of a material, not just packaging uses.' , The' Environmental 'Quality Commission may waive the 15 percent recycling requirement ,fC?r a type of material i( persons affected show, there are, substantial recycling barriers~ they have made substantial investments in, recycling since 1990, and are likely ~ meet the 30 percent recycling requn:ement by 1996~ ,', , This law:e~emp~ packagiDgrequired by fed8rallaw. packaging for medication prescribec\; by ,a physician, packagiDg needed to provide ,tamper~resistant, seals, ~d p~ckaging for products ,destined for export from 9regon~ " , .' ~' ..; " ,"" ',,' ' In.addition, persons affeCted ,may 'obWn hardship waivers for other packaging by showing that complian~ with the ~w ,will cause undue hardship to the g~~eral publi~. Hardship waivers ale allowed if there is no qualifying packaging available for a type of product, the packaging is necessary to comply with health and safety laws, or the packaging serves another compelling .public interest.' Hardship exemptions 'must be renewed annually, and cannot be based on increased cost. The law requires retailer.s to provide consumers with information on environmentally sound packaging standards. If a person violates this law, a'fme of up to $1,000 per day may be imposed for each violation after the fU'St violation, or upto $10,000 Per day for knc;>wingly and willfully engaging in repeated violations. Enforcement actions may be brought by the Attorney General and district attorneys. Citizens also may bring enforcement actions when'the Department' of Environmental Quality and the Attorney General have not taken action after notice of an alleged vi9lation. Courts ,may award litigation costs to citizens who win their, suits and advance the purposes of the law. " The law allowi loca1lovemments to adopt more stringent packaging regulations than those established by this law. The following committee members ~ to the above statement: ,""f:......, ........ . ) . . ,- I ~ -lo' '. ,','. . ,CommUteeMembers:"',,,.~. . , ,Representative James M. Whitty Patrick C. McCormick ,Joel'Ario Representative Ron Cease Arno H. Denecke ' j, . .' ~- 1'- :,Appointed by: , Secretary of State Secretary of State Chief Petitioners , Chief Petitioners Members of the Committee \~ (This Committee was appointed to provide an impartial ~xplanation of the ballot measure pursuant to QRS 251,215,) ; .:'~"', 46 Offi~al J 99~, General Voters' ~a~phlet' ~emnrandum November 2, 1990 ~~ Mayor and City council ~ront: Jill Turner, Director of Finance f ~u~efr Financial Report for September 30, 1990 Attached is the September 30, 1990, Financial Report for the city of Ashland. It does not include the Hospital or Parks and Recreation commission reports, which are being released to their respective boards and commissions. The first twelve pages are the statement of Resources and Expenditures for the quarter year ended September 30, 1990. The Expenditures are listed in the same classifications as the adopted budget. Expenditures are reported on the modified accrual basis of accounting, which means that those incurred prior to October 1 are included regardless of when paid. Resources are recorded on the cash basis of accounting. Page 13 is a listing of cash and investments by type of investments and by holder of the investment. Page 14 is a listing of cash and investments by fund. Again the report that follows does not include the Parks and Recreation or Hospital revenues and expenditures, but does include our investments on their behalf. A detailed Revenue statement, Expenditure Statement and Balance Sheet are available in the Finance Office for your review. HIGHLIGHTS FROM THE STATEMENT OF RESOURCES AND EXPENDITURES General Fund Although individual categories vary, the first quarterly expenditures are at 24% of budget, with 25% serving as the overall guideline. This compares to 27% at this time last year and 25% the year earlier. Salaries for both the Police and Fire Unions are still under negotiations and could have a significant impact .on this budget later in the fiscal year. Total Resources are 28% of budget compared to 33% at this time last year and 31% the year earlier. The general fund carryover was $16,573 less than budgeted. Building and Planning fees are at 20% of budget or $16,000 less than anticipated for this quarter. Transient Occupancy Tax receipts are close to budget. Fire EMT Serial Levy Fund This fund was closed out on July 1, 1990. Cemetery Fund as expected. This financially solid fund continues to perform Expenditures are at 20% of budget. street Fund This fund continues to perform well. The carryover into the present fiscal year was at budget, but $18,137 less than last year. Expenditures are at 31% of overall budget. This high percentage is due to the summer paving season. Water Ouality Fund Water revenues are similar to last year with the biggest reduction in new service installations. Even with the recent rate increase, commercial water revenues are lower than last year. Electric Fund Expenditures in the Conservation division have slowed down with the decease in building activity. Expenditures for the purchase of electricity are more than this time last year as well as revenues. Central Services Fund Expenditures in this fund are broken down by department. Overall expenditures are at 28% of this budget. Most of the payments for annual dues as well as insurance and the civic index have been paid in this quarter. Insurance service Fund This fund is moving from a growing, new fund to a mature fund with little growth. The carryover increased $72,598 from the previous year. Last year the City had very few workers' compensation claims as well as a better than average interest income. This contributed to the higher than expected carryover. Cash and Investments The City of Ashland cash and investments at September 30, 1989, was $10,256,874, compared to $10,566,817 at June 30, 1990, representing a decrease of $309,943. This decrease is normal for this time of year. Electric utility receipts, Property tax collections and Bond Sale proceeds should bring the balance up the next quarter. Ashland continues to be a leader in Oregon of cities our size. We were well received in the bond market with an excellent interest rate of 6.387%, and eight bidders on our Bancroft Bond issue dated November 1. Additionally, the community supported combining our Police and Fire Serial levies with a new tax base. If proposition 5 passes, the playing field for financing our city will be new, but because of our nondependence on property taxes, we will be better off than most other cities. L.l I -.,( DF' f:iE)!...IL.{iND STA'J'Et~E!~'T' OF F~ES[JlJF~[;ES 8~ EXPE~NI)I-r'l.jRES f=:o CJ l~'" t~ i"i E~: "TO ~.-! l'-- f:.~:: f?' !'~"i C) r-l to. j--i -::~. E~ r-~ C] i=?! d ~:.\ ~~~] t: f7! fn~] (=! r"- ::::~ () :; 1 .~") \) () r-:{ Lt. ci C.~} E: t:. .;':":\ ~ -. ")/ L-{ .r.~.. ~::.]. "::;:. Fund c:.~! [:: ,\j E:~ F~~ i:2! L.. F:"l_; I\.i [) F~~ E t3 CJ LJ F=( C: i~ ~3 Cat... j'"' yOVE'l.... T' a}; t~S Licenses and Permits Intergovernmental C hat'" q 1::'2~. + 0 t-. :?3 PI'" \/ :l c: e '::~, Fi nes. I nt.E.;t"'E'st Miscellaneous Revenues Operating Transfers In TDT AL F<Et;GLlr:;:CES EXF'Ei\j:O I TUF;:ES j,..lum€.in F<eSOi..,ir- C e~_:; JJ i \.i i ~~ i c:)r'l Economic Development /VIi ~:.cE'll ant7.'OU~5 Police Department t"1un :i, c i p a]. CDUi'- t F i V"E' j)E:'P E:i.i'" t, mE-?n t. E; E~ r"! :L C) i:n f) I.... (] (;J I.... a frf ConlfDl111ity DevelolJfll2ilt ur [J Of" {:i L_ E~ ~7~ ;:::: t:: 1\1 I) I POLICE SERIAL LEVY FUND !::;:E~:.iDUi:;:CES Cat- r yov'er" T a}; es Int.erest TOTAL RESOURCES E XPEt'''D I TLJ~-:;~ES Personnel Services Operating Transfers Out Conti ngE'nc''j' TOTAL EXPENDITURES E.;ucJ qf::-t f:":1(~-t:!.Jal Variance Percent l+C/():: ()()() L~73~427 ~ (16,573) 535,025 (2,3:3(3,275) 2 :; fJ ')" :~~: =t :~~ (i (i ~~:; ::::~ :';:':: , () (; i) :':2 tJ :'~':: :: () 4 () ...... ;'''~ i.hl t::. (J c; II 7' "} __.i ( :~.~ t:- ~:.=.; !i () (:1 ~.:i ) ( :?() 1 ~ :~:E3!.:5) ( ..~. if.:; :I. :::5 :.::5 ) (l~:i,l ~ 429) .::~~ ~:::: Ii () () () l:. (:r; {~J ~:~ ~:; ::::~, E~: i~ ~~.i ~=~ :~: q ~.:i .;:: 1 20;~5, 000 i 8, (H)() (S l u ~:3 ~:; () 1 f3, l:18:'? t. f:: 2 16p06l 1 :i, , (:. ~:i ;;:~ ( .!"1- ~:i, '7. f:3 '-/ ) ( J. ')' :~: , :3l+ ~::; ) --.. .. - - ]. ::::~ i.i. I: () () () f''', ...:: ..,.. i 19 :';:~() .,:...._1 ~:3 ..::: '.A.:) 10.4 ."-: i .:::.0 if!l -4 '7 if, 1 ;::;00 1 , ::;:: :~: (? ~ <) J. ~~::; ( ~~:~ 5 ~? :::.: l:!. :; ~2 '~.l .~? ) _.........__...._..._..__....__._ __.n_._.____...___.__._._.N... ..._________.____._...___ -~---...--.. ~;~ ~=: _... ._.. __. .__ ..._ .__ ..... .._ __. .__ N'" _. ..... ._ _.e. __.. .__ _ ..... .._ .._ ...- .-.. --. .-- .- -.- -" ..... ..-. ..- ..- .,-. -- .-- -- ..-. -... -- .'- - ________..__._.._.____. _.__________.__..__. __.__.n_.._________ -..------ ..: _no" .: .... {::) C.) &: ./ .l i._.i j,-j'l :; :::~()~. 1:::' r" ,.... ...,. .../ ._!l._J ~ h)' ..' .f il. C? s: :=';(>5 1 \~:' l:'i!i :~:.:: (j 3 ;:: 1 '7' 5 :.~~ t3 () :3::::Ci q :2 i () 244, DOEJ :t ; :~ :~:; C:;::, 1 i () 1 () () " E{ ::::~ (i :l ~.:), /1. () :';? 4..:=);::3 ~ i ()() :':: E5 , :~: :~:~ () :~::: :';-: () , () ~3 ~:~ . ~~:':~ .~.? ~~ 1 i .~?~ -:? /.... .~ :.::~ :.::: . -'" ... .- ... . '-.' - .-.. --... 1. :: ./.if.'/ t: ::::). Ci t :':? (?:~ 1 ~:~ () 1 :; ~~: ..q. ~5 :; :~? () () :L :' U ~;:~ ;:~;, :L :l '7 . .. ..-. .... ..... - ], () .~::, ~:~~::::.r () ~.;:.~ Iq. ~'::j ~ 1 f:~ () . ..... .... .-. .... .... 1 ...~: :./ :1 1./ :./ :I:~ l:!. () :.:.=.:;:: :L Ej ~:3 .f:::::';) .t:"'_: ..t:::.<+ ..-,~r ":-'_\ L':Ll .c::. ':.) . - ..... h . _.. .. . ..... ..... . ..... .,.,. .'.+ .. ....:. ... ....j... ; ../ =. .' ." " ... - . .. 1 :; () () .:;::-;: \ (:~.) {:) . ~ .. '-'r'. ..: ~ .. ....1 ..' ..- .~ J....l:....l.:i ..... ..... h_' ..._ _... __.. _... ..... ..... ..... ..... ...- .-., -... ..... _... ..... ..... ..... -.- ..... ..... ..... ..... ..... ...- ..... .._- ..... ...- ..... ...- -... ..... ..-. ..... ...- -... ..... ..... .-.. ....-:~ ..... ..-. .-.. ..... ..... ...- ...... ..... .-- ..... ..... ...- -. .-.. ".- -... ..-. -... ...... ..-. ...~. -... ...... ..... .-- ..-. ..- -... .-.... -.- ..... ..... ...- ..-. .-.. ..-. -.-. --. ....., ..... -... ------..-..-.-..-..-.---... -..---.......--..--.-.......-....----. -........---.--...-..-.--.-.--..-.. -.--.........---...-.. 1 ~;, 500 242,000 ~5, 500 21,620 2,868 282 6,120 ( 2'::51=j, 1 :~;2 ) (~5, 218) 1 8 261,000 24, 7/'0 (2~56, 2::::;0:> .__ .._. ..... ..... ..... _.' ...... ...._ ._ ..... _.. ..... ..._ ._ 'N'. ..... ..... ...._ ..... ..... ..... _... .._. __. ..... .._ - ..... ....... ...... _. .__ ...... .-- ..-. ....- N'''' ...... ....... ..... --' ":)} --_.~---_._--- ------ ------------ ------ =========== '============ 8j~i = ()()() :2 (j t: () :~.) L~ c.\ E~!i I~~ () {:'J llJC/.. ()()() . . ..- -.... 1.::,1./ 'i (JC)() u :~~ ;i (; ()() :~~: q Ci()() ..... .._. "'n .._. ...... ..... ..._ ..... ..... ..... ._.. ..... ._.. .__ ...... ..... ...n ..... ..... ..... _... ....... ..... ..... ...- ..... n,_ ........- --. ...-. ..... ....... -- ..-. --.. -... .-. -.- ...- --. [J -.. .. ....-. :::: t~)]' ft () i) i) :~? () r: () f:~} A.:j. -:f:: :2: oil (i = r:? () l.:':) ......--.-..-..--......-...-.-...... -....--..--.-----..-.-..--- .---.-.....-.--.---.-.--.. ----.-.--..- _.__...n________.__ --------.-.----........-.-. -.--.--..-----.--- ------ .-'i -:;t. ,,;... ._.1 u i..) E; 'j" {~ 'T F ;"1 E j\i T U F ' r;: E: ~=) U U F;: c.: E:: ;::; ;:!:': E ~:{ F' E !\~ D I T U F E S C:: I -r '../ CJ r:' (::.! ~~:~ ~"'l l._ {~ I'....! I) r:" Cj I~" t', t-, E.? ,or fool j'n f::! E:: 1"-:1 C) ri 'l~. t"l ::::.- t~ r'~ c~ (-:.~: C1 E~ F::~) t~ E rn t) F:.; f' -.::: () , .~ (~) ::~} () F'unci r' .L r':., [::. ~~~i:~:!:~:lAL_. t...E~~:VY f::'LJN1:) j:::.: r~ ~3 (J LJ r::.: c::: E:~ ~:3 t: c\ Jr' r- ":-/ C) \/ E:z r'o TDTAL HEE;DLJnCE~:; EXPE!\![) I TUr~:ES Operating Transfer~ Uut TOTAL EXPENDITURES CE(lETEi::;:'"/ FUI\iD ~-:;:E:30UF'~:CES [:.;31'- r- yc)ve!'- T ..3 >:: f2 S~, (:tlai~"ges fc:)r" Ser"vi<:es ~.: I .L ri 'C (.:;.' r' E.:: ~5 T~ t1isc=e:tlar'leol.l~;; Rever'll.teS .... . . ..... .. -. LJ r) E:' j.... i3. 't. ]. !") (:.~ , i'- ~':?~ r1 '::;. 'to. (::~ I'" ~::. .L r'~ 'TO C} 'T' (~'i LoO F;~ E:: :::) fJ t_J r~; f=: E~ :=-~ EXPE!\ID I TUF~ES Personnel Services Materials and Services Cd, pit a ], Du t ], a ':-1 Cont.i nqi:~nc"i Operating Transfers Out Unappropriated Fund Balance TOTAL EXPENDITURES l:~': tJ. (j () f::~ t:. .~3. i.... '\/ ;...~ .:::; ':::~'i .;:::. .... .... .... ... ..- [':uci q et Actual Variance $ 1 () u ()()() :i.:I. ~ (~);:52' "~; 1 , '::::'~i~::: 1 i:~) Ii () () (i .i': .. .1-.' I J. J. , () __J .:::. -:. .. I.... : .1. , {) ___, .::':. .______._._._.._..__..._ __.'__.._"_"M.___.._._"__._ ----.--------.-.--- .-.....-.....--.---.------.-- _... ".- ..... _. ..-. ..... -... .-.. ..- ..... -... ..... .-.. ..... -. --. - .-... -- - - - --_. ... ...... 1 (_:i:; {) () () 11 , l)~~i:? 1( 1. ~ tJ~~:;:2) ..... _.. u_ _.. ..... ..... ..... ..... ..... ..._ ..._ ..... ..... ..... ..... ..... ..... ..... ..... _... ..... ..._ ._ ..._ ..... -... .-- ..... ..~... ..-. -.- - ...- ...- .on' 10,,000 1 1 :! ':~-:.' ~:.::.t ~~ ( 1. , 1:.":1 :.:) :~':'~ ) -----..---.--...-...--..-.- -..--.---.--.--..---.-.- -..-.---..---.-.....---.--- -------------..--. --------..--------- -------------- f:{ ~.5, () () (:: :~:) ~:; , Af 5 ~::'~ 1 :' ~:~ ~::~ ~::5 :t t) !l L+ ~:5 ~;:':: ( (~'::: 1:.:,: ~l .ill ~:..~ ) ( ,if :.:.! ~I {~-'I (:.:: ii. ) ( .L~, f3~:~:2) ( t Ii (::()()) ..... ....- {::) tj q () () () ..... .. -.... ~")() !t ()()~) ..:+ It .::- ..::1 t! :::}:' (i i:) () . . -- -.. 1,1/i:j ]. , {)(}() i....1 ........ ...... l....t ~": ,,'": i 'Ii '1 . .. ... ...... ..- ...... .. " .. } () ~ ~:()t:3 ( ..q.l:i,!, .~.:: (? :':? ) _._ ,,_. ..... ..... ..... ..... ..... ..... ..... ..... .__.. .._. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... .... ..... ..... ..... ..... ..... ..... ._.. ..... ..... ..... ..... ._.. ..... ..... ..... 00'" ..... ..... :-J' '..> ... . ..... ...... . ... ...... .I:~ b :=.. 't i....i :....i J.) -- ..... ....- .... .. .' " .... . . . . ..... . : 1.' .' :..... .to .:. -'...., .. '.._' .. ( 1 :.~:~ :~':~ , ~:': i~~. :L ) __. ._.. "_' _'"_ ..._. ._.. ...... ..... ..... ..... ...... ._.. __ ..... ...... ..... _." ..... _... "_' ..... ..... ..... _d. ..... ..... _... ..._ _._ ........_ ..... ..... ..... ..... ...- ..... ...- ..... .-.. ..... ---~._..__..__.........__._- .----......---....----....-..-..-.-- --------...--.-..-.--.....-.--. -........-..-............. \.,~' 1 ~ 000 ei7, 92<:) 20,,500 10,080 500 4~i ;I 000 L~:3 It t..\ :2:; 'j' 2.~, 64Ci 1 ~ :':;:(::)6 I ...-.. ...,... .'or b/, ,'::.b,~;. 71,280 19,214 10,0:30 500 45,000 F' f::~ 1''' c: f::.' ('i t. 1 ], ,./ "j 'i ./ _... ..- ..- --. ..... .-.. ...- .-- .--. -- .-.. -. i 1-:;;' 11':';:' ._.. .__ .._ ..... "'_' _00 -- ..-. ..... ..- .-- - 1.12 ..I.:'. :::~l ':'::{"J 1 (? :~':6 ri -'"T .c../ i C) u (> 100 100 ----.----.----. ------------ ---~--------~- ------- 2() $ :265,000 $ ~~;:2, {)6::::~ "$ :21 :2 , \i::::~";' -------.------.----. .-------.----- ---.---.-------..-"- --.----..-..-. -------------- ------------- ------------ ------- C:: I 'T' \{ CJ F:' (.~l ~3 t...! t._. (i i\~ I) S'1-ATEMEN1" (:)F~ f:~E:S(Jl.jR(:=I:~:S t~ EXPEj~Dll'Uf~ES F' C:) Jr' i: ri e. -r i"'? roo f::~ i::.:.:' j....~ C) r-i 1:.~ t..! ':::. E:: ('j c~ (-:.:: c~ ~::3 f:~: r~) t:. i::::: in t) F:: Ir' ::::~ () , 1 '-;I 1..:/ () ..- . . . . . . J::.; t,E. Ci (J (':"~ T~ .:'~~ ~. .. \/ ~""i :"=i c:. 1 .,;:::. .._ ._. .... _4 .... Fund f~{ Lt c:~ f;;J E,:,:; t... AC:.tljd.L Var-iar'}(::e I:'~'; (:i i....~ 1) r:' LJ ~\~ J) !"\ L:.. ~j tJ LJ l"< L.: C:' ~j C ":3. r". r.. \/ D \,.' Ei r. ~; :::':': (I ~ () () (:: .F :~::~ :.::S fi () () (; ~:~: () :; ~.:.:.i .:~:z :~::: ~; .: .... ;-.... "'1' J. !") =' ;:: t:z .~:; ( ~~:..q. , :':'~ :~: (~ ) .< ~::.:.! r:.} () ) j E:i.}~ e:=- ,.' Li':;. 410 Int. E:t- E'~:" t 1 l\ i:_}()() ..... ..... ..... ..... .'~.' ._. ..... ..._ ..... ._.. _." .._. ..... ..... ..... ..._ ..... ..,.. .._ ._.. .__ __. 4.... _... ..... ._. ..._ ...- ..... --- .-- ...- -- ..... ...- TDT AL nE:SDur:::CE~3 ._... .... u :..:.: {::.: :1 t) t) () -," 1. --, -"," .."~ .'::r ._ :t ..l ..::' ....' ( :::'::: l:i. ~i ~::'~ {:) ::~: ) _... _... ..... ..... .__ .._. ..... ..... _... ..._ ..._ __. ..._ .....4.... ..._ ..... ..... ......._ ._ ..... ...- ...- -.. --. ..... ..-. -... "'- ..... ..... ..- --. .-.. ...- ..... .- ...... -.. ._. -....-.----.--.-.-.--.--- --.------------ .--------..----.-.--.-. -...---.-.-. E\F\:~~ND I TUF~E~J PE:rsonnel Services Materials and Services ..... ..... - .. '.~; Ii ..::,t)C) ..-: '1 r::';:.: .:::' ~ J.- ...J.....1 1.7,,101 1. , J Lj. :::.~ 14 ~ 0':-:i9 1 , ~~";OO ~~~O, 000 ..0.. ........ "~' 1 :t ~:~ () () 1 :: ~5()() Cont:.} nqE~nc:y Unappropriated Fund Balance ~~':': () :: i) () () ~..: f.::: r- c:: E.:: ('j t... 1 ::::! ..~, (:) ~'.) 1:::'C"":' .....I.._.! u () TOTAL EXPENDITURES :~:i 1..1 ~: () {) (} 11~;' , :'2 ~::; (~ :~:~; l:;, '~7 L). il -........-.-----.-.--..---.....-.. -..-.---.---......---..--...-.-.. -.--..----.---.....--..........-... .....----..-.-.-...- ..).!+ -.---.-.---......-.-.--.-.-...-. --.---.-.--..--.--.....-.-.---- -.--...---.--------..-- --..--.-..-......--.. ------.---..----..- -------...-.--.-------. ---.-.---------.- ---'--"-- EMERGENCY 9-1-1 FUND F~~ E:~ ::3 CJ LJ F;~ f~: I::: ~3 i:::' .: ..~. /l ...J, J. ._>":"i' C i:.:":. rOo (. \/ C} \/ 1;::" i'" .... ......... '..,:' :"': i .~ i '. .. :1 ~._' .... .... .\ .<:i.." /.:.::;..-+ .., "J .-.... . ... .. . - .L r"i -t... E~J (' (; C) \/ (~:.~ t. f"i rn f:.:! r'~ .r. .::i. i to.. .-. .... .... .... ...... ...... t ....I. :, 1 : ~ : . . . " ...... __ . h .. .. " ." ._... .... .... ...... .L ..=+ :; .L:: i.) t~:i f':.l.-i .... :...}' .,: 'i .. ..... .' Ii .. .' .1... .' .... . .i. r': .t. t:;:: r- t:! ~:.-t: .. ..... .i "uz!;i: .:. :t ~.-' '-.' .... '4':Z ~...: c:z {1, 1.~..{~) ( ':.7 Ii :.::i(i(j) ()pei~atj.l..lg l"1:-ar'}s.fer-s In ..l .'. .". .... .... J. t.):; i.) l.) i.) :'~':: , ~:.; () () .!. ::") '-:'1 ..' i-":. TO"TriL Ft:ESDUF:;~CE:S ':.7 :.:.; *\ () () () :~:; 1 q b9B ( .4:~~:f :~:~()2 ) --. .-. -... ._- ..... .-.. '-" ..... .-. ..-. ..... ..-. ..- -... -." ..-. ..... _.-- .-. ..-. ..... ..... -- -... ..... ..... ..... .... ...... ".- -- ..... .-.. ..... ..... .._. ..-. ..... ..... ...- ..... ;1 ....:' _ -.. -.- -.- -". -.. -. -- _.. -..... ..... -.... --. -.. _.- ..-. -... ..- -.- --. -- -.- -.- --. .-.. --. -- -.- ..-.- -. -- ._. ..-. -_. -.- ...- -.... -- ..... _... ---------.----- -----..------- ------------.- -..------ EXPENDITUHES L~ '~7 , ~:: 8 .~=} "/~! 6:1. "~. 5,099 o 2:::::,501 10,000 1,600 PersonnE:l Services :~::~:; u ()()(; Materials and Services Capital Outlay Continqency :':8, 4(:i(j 10,000 1 , 600 .-':.:") .c:.....::.. 18 o o TOTAL EXPENDITURES "/~~; 11 ()()(). ~s 12,7'1::::: '=*> 62,287 --.--...-.------.-.-.. ------.-.-.--.--.-.- ---_.~---------_. ---'-'-"'- j ""7 ~~ ________.__._________ _.____._._.....__.___ ____._______._.____ ___'_"_"_'4_ _____..________ .._____________ ----_.____0_--- _______...._ C I T -._{ U r. ?"i Ei 1m! L.. poi i-'~ I) S'l"A~i"E~~IE~I~-r (~:}F:' I;ES(]lJf~CE~S & EXj=~ENDll'URE~S r:' (J roO t... 1"'1 f.::: 'T' ~"'i r.' (.::~ (.::! r....! Cj fOOl t.. ~...! .:-::. t: roo! (jc:.:1 (j ~::::; E'~ f.::r .t. t::: in [) f::.: i"" . '1:. .1 .. 'f :....:i..i...... f .(3 tJ. ci i:;:.~ F:.: .t. -:'::1. i"- \.... ; 1 ... ._... ._. .Ci .:::t :::- J. ':-.::. Fur.ie! E.:u.dqet. t:.i c t_ u. .:::t } \i ci 1.... i ,:~ rUI C: f::: ..... ..... ..... ._.. ...,. .__ ..... ..... ..... ..... ..... ..... ..... ..... .... ..... ..... ..... ..... ..... ..... ..... ..... .._. ..... ..... _.... ..... ..... ...... ..... u_. ...... .._ ..._ ..... .__ ..... ..... ..... ..... ._.. ..... ..... ...... ..... _n' ..... ..... ._.. ..... .__ ..... ...... .u_ .4... ._ ..... __. .._. ..,_ ..... ..00. ..- .-.. ...... .-.. ..... ..... r::t (.~.::I ir' C: i:?:! r1 t... :::::; .,~.. F:~ E:: F~ 'T' r::' LJ r\i }:> F;~ [~~ ~~; CJ tJ r:~~ t: [:~ ~3 1":" :p ( 4 q ':7 ~:;(=} ) ( :~~~ I~) Al , t3 ':7 '/' ) ( ~5 :::; o::l , () E:: '~7 ) ( :'~'~ ::::: ~:4; !:. () '7' ~5 ) (4,~:546) Ca !.- r. ./ D V e r" "r d. ::{ (:? S ~~. ::':: :~~ l:."-:; =' (:; () {) ..q. :~;:;~.q (j () () .... ...n. _.. .~... .. :,;::.'::11!, :::::~)J:_) .' "-,' .1 .-". "'1' \":J / ~ ]. .::~ ,,) IntergoVE:rnmE:ntal 70:i.,OOO :~:': ~7 t.; , (; () () 1 l:) :~:;, C/ 1 ~:~~ 40, (]i2;~j ..... .. Ltlarges .t'(Jjr' ~e~r'V].c:es I r.! t E'r- f:::S.t:. .-. -.... ./ .. ()UO ....-1 ..'1 ::::'':: 0:::. :: .'l.1' ...J.:..t (?f::: 16 .,:;.. ..._1 1. ::J :~::~:; TD.T At.. FE::~::)DL_jF;:CE~=i i, 6=i2, 000 _._ 00 ..h. .. _... ~.i C) ~=.i , <::i {:} ~'''~.' ( J , 1 LlI:J, :~;:~::5) -...-...--..---.--------...- .........-.--.....---.-.-.---- ..-......-.......-.....--..-.--.---..- -----..,..-..-- '"_). .f. ---.---..--------...- -...--.--------..---- -...---.-..--.-.....-.---.-. ---.--- ___.______~._____. _._______________ _____________ _.____4_ E:XPE!\~D I TUF;:ES .i ..-:....., .....;r..:..::. .I. .. . m. - .::....::_ , .::.. l....: ~:;t)O, 607 :=i O::.i, ~_:.:.i 0 :s 2 4 ::~; !l ti 1 !:; ~~2 ':7 It () () I:) f3a:;i, ()()() PersonnE:l Services 4 f3 ~:2!t .:? () (:) ~l ~~.; :~:, ~:! () (1 ::~: () () ~ (7J (> <:i Z7..000 E.:9,000 1:7:: l.. c::a c; i:::: ....J :..._'!t l I....; .....: _.. .., .... .... ._.0 :::::LJ.f:.):t \"::".:} ../ 11aterials ar1c:! ~3eF-vices Cal::) i t c:\ 1 (Jut 1 E\"y' Operatiflg "~-rar15'felr's Ol_\t Cont: i nq€0r-Jc .y' :? ~~5 4"::..':; 12.:/ o () TOTAL EXPENDITURES 1 , b~~_;2, 000 L~2t) ~~ :2-;':5 .f ...., t...; C::' --''' "'-, t::' .1. =' .:::.:::.\....', l.z::.......J --.-.-.---....----- ----..---.-.----.--- -.---..-------.-.--- --------- ':":1 ':"1 -------.------...---.---.. -..-.-.--..-.-.-...--.----.-.- ......-..-----..-..---..-..- ---'--'-'---'" .----------.-.-.---- ----..--.-.-..-.......---.- .......-----..-...-.--.....-- --'---"-'--- WA1"Ef~ QUAL_!l"Y i='lJND F;.: E~ ~::; CJ tJ F;~ L~: E:: :3 ., .. ..... ..... .... .... .q. (.1 ~..:.), ..f {j ~:::~ L ,3 (. 1'- '..-/ D \/ f::: !'- .{l. :::'~ () z: () () () . .. .. . ....... ."'''. .. ....1...... :....; .::'. .....r:t ... :....: 1_.': :~~~ ~~~~ ~~~ , (:':1 () I~) ...~ ...... .'; ...:. "'1' ...... ..: '\ i.. .J. Q .,:::..:+ ..::; I: ..::' '.t.Lf. } 1 , ~5 ':;.:: (:- !! () () () .-" .. L;t')ar-qes {'or ~e;:-Vlc:es I~ ~:~':': 1 ~ :.:5 it :~~: ) (:.;;::,070) .. "1 ;-.. -..: \:J r. ..:+ ~.:.I /' .... ..4_ .... u ~::r3, ()C)() 4,000 :i :a (? ::~ ::) I ntf:::'(. E:S.t Miscellar120us ReVerll!eS .L ~.? 1 .:::. '_:; .i.j-;3 To.r ~iL f~:EEDUF:CES 2,028,000 1,166,781 (861,219) -~--_._._--------- ~_._.-._._-_._-_.__. -_..._-_..__._.__.._--~-_. .._._~_._....._.., ::~8 ----------- ------------ --.----------- ---~..----- ----------- ------------ ------------ ----.-- EXPEND I TUF~ES Personnel Services Materials and ServicE:s Capit.~\l CJut.Jay Operating Transfers Out Cont:. i nqE'r.,C\! Unapproriated Fund BalanCE: 170, ~;96 ~;82 , '1'04 425,127 8~;, 44t3 17,500 100qOOO 226..000 75:3, ~iOO ~:i78, 400 120,:1.00 250,000 1 O() , 000 226..000 153,2.73 ~~::.i~. It 6~i2 :;-~:~~:2, 5(j(j ........:z. .,::.....:. 26 C;} ~4~: u TOTAL EXPENDITURES ~~ :;~ G O::~:8.. 000 4-+' :p 5 Cj1 :i , () :;~ :L :L :t .l~ ::~; 6 &i f:; ':7 \'7: - ._. ..._ _'.' ..... ._ __. _... _. _._ ._ ._... _.. ..... __ ..... ..... ..... ..... _._ _... _00' ..._ ,._. ...... ...... ..... -"" ...- ...-. --' ..... ..... ...... .,.- ..... ..... -.. ..... ..... ..... u ----------.-..-. --.-------.--..------ ---..----...--.----.--..-. ---...-.---...-... _.__________ ___.______.______ _____________~____...__ ___0.---'-'-- C 1 T\( OF. {:ibHL.P.lf....!D ~3 "r (~i "r E:~ r"~i L: t\~ 'T' CJ ~:. F~ E~ E1 CJ tJ F~~ (~: E~ E.~ ;~:;!: E:~ ::~ F> E: !\l i) I . r LJ ;:~.: E~ ~~ F:" roo! ro' .t. fOOj i::":.' 'T' i"j t... E~.: f!:.; J.....t C] l"j t:. ~mi ~. E:~ f"i dE':':! ci E; E.:: r:: 'L E~ cn [) f."::, roo ..~1 () r. 1 t..:/ \::} tJ I~~ L!. C1 (::~ (.:.:.:1 t~ i'~. ~..u \.... .. . 1.:.1 .-. .......; ..... ; ;....:..... 1-. ..... .... ._. ... ..- Fund Budoet Ac:.tLlal. Vaj~iaflCe .... ...... .......,.. ........ ..... ~:~: L: ~/..J L:. ~."1.~ j'h LJ j\.i J.) F:~ E:: ~:3 C) LJ V:.: C=: E:~ ~:3 C.::ir.. f' 'y'Dver" $ .i~t)~:; z: ()(:!() '::."r (46~'::.i ~ 0(0) (620,1\)4.) (2i '! >::/./:5) $ -' .. -." ' Charges .t'Oi~" tjer'vlces '7' C:);:~ =i () () () :L 4. Lj. !i ;::3::) ~:~) I n t. E~ !... e ~:;. -1.-:. :~:~ () z: i) () () .... .. .... ..... d, ()~:.:: .f .r 0 .r {.":j L. F;~ E ~~3 C) tJ F< c:: E: ~3 . _... 00 ..._ u 1 ~ :':::6(), i)i:_)C) 1. :.:::.~ ::'~ , t:~ :~:~ ~~: (i'l 10")' '116./) --.--.-.------.--- .-......-........---.---...-..--..- -..-.-...----..--...---.--..- .--...--......---. -------.---...- ----.....---.-.--.---.- _._-~---------~--~ -.------ 1 ~::'~ EXPF~~ND I TUr;:ES PE:rsonnE:l Services .. ...... .._. n _. 4..S 1 ti ::}()Ci ...... ........... II () , ..::l t:) () :i ~.~ i.:~ , f~. .i4.l~ 11,44.7 :'2 :; ~5()() ::::' ~:.:;: ~.:.:~;, 1:2 () ~.::: :.,2~ ~~{!f (~\ (j if \ 1 1 (j, ~:; ~:; ::::~ :l :~:;:2, ~jOO :I. :I. :~;, 4~:;O ~laterials 3ild ~3ejr'vi(::es 4~i8 ~ 0~50 CEtP i t: ,::!.1 [)u .1:: 1 i-3.y' () P F:.? rOo 2 t: i n q .r j". c~ n ~:::. + E~ 1". S D u t Cor.lt: i nqE'nc./ . ._. h.. _.._. :t ::::: ~::: ~ () () f) 1. :::;~;, () ()() 1 :I. :~;, 4~..:;O :...1 E: fn C: E.:: f'i t:. u 'i C) ....., :'-": i._J TOTAL EXPENDITURES 1 , 2<::)() , {)()() ~;;~ t (?:; .::;'"7 :~:; 1 , (!4()!! :2:'?~/ -_._--_.._..__.._.._~-_. .-_..._..._.._..-_.-...__..._-_._~--- ._,---~----,-"._-"--'- -.--------- '1...:':; "._._._-~--_..__.__._- ---~._._.__._---- -.----..- .--.----------- _._~--~------ ------- ...- -_. - - -.. - ..- - ..-. .-.. ...... - --. -"-.-.- - -" -- .-.-- {:'i I F~.~ f> CJ F;~ 'T' r:' tJ 1\.; I) r;.: E: ~:~; fJ tJ F~~ c:: E~ ~3 i : .:::j, roo f" \/ r"f ........ :,:.:~ F:- ....4.... . . ~... . ...... lli." {~)()U J :t = {) () {:.~.:: ( :~:; , ~:.:.; c.;: 1. ) ..... .. .00. . t_: ti {;:\ (' ~J f:::: -:::. .~.. C) r" ~:: !?:~ r' \/ 1 C: E.:' ~::. I: ...; .'. .-. .... ..~+.~> &: i._J'..)i.) . ,.... _.. ...... ... ( ..::; :&:::!i ./ 1 1.j. } .: :'. . t: ~ : .L '._.t :; .=::" (~:: C.i .t.; : .L r'! 'C. F~ j.... E:l :::. T". .q. U () ( 2 ./: :~~: ) ~--_..._--_._~..._..._. ..-..-..-.-..-.................-..-..-..-- -----....---...-------..-.- --......--.-..-.. '..) .... TDTP1L nEFiutJr~:CEf) ~':;~J'i ()()(] ~:~.~ ,1 , it ~:? ~:':': ( ::~~ {) :t ~; ./. ~::: ) ___~__._._._.._._.____... __........_......._.._...____.____. ____.___4____.__.___. --.---.--- .---------.--- .---...--.-.-----.- --.-----.------- ------..--- EXPENDITUHES Mater-ial~; arld SerUvi{:es Capi tal Outl a.y Operating Tr~nsfers Out tB,OOO 20,000 20qOOO il':t '~7 t:J ~l 5qOOO 1 ::::;, ~2 i ~::; 1 ~i, 000 20,000 ..... ~...! .:::. / :':~~.:; () TOTAL EXPENDITURES $ ~:;t3, 000 ~; C) '! ':78':7 L18q 2i::::; -----_._-----~- -~-----~--_._-- -----------.---.-. --..--.-- J. l --.----.------- -.-.-------.----.--. ---~_._._----_._._._- ---'-'-"--- ----------- -~---------- --.----------. ._-----_.~ C I .r ....t. C) r::. {.i ~:; I.u! L. {::j \\.1 :0 S'T'A'T'E!Y~E~\~"I" OF R[~~:~~30lJ~:~CE~~3 ~( EXf::ENDI";-URES For- .tl'lE I!"~r"ee iyt{:)i'l.ttl~; E~f'lde(:i Sep.temt)er ...~~Ju 199(:) .Fund E:: L.. E:~ c=: 'T' F;~ Ie:: r:' LJ }\j }) _.. ..... ..00 ..... . .... .... _'.' .... . i";~ L:, ~::; LJ LJ i"'~ L.: t::. ::::; [:aI'U r. yovE!r- Intergovernmental Charges for ServicE:s I n t F::' I'.. e.:::.:. t Miscellaneous Revenues Operating Transfers In To.rAL F-:ESDUF~:CES EXPENDITUF\ES Community Development Electric DE:partment UnappropriatE:d Fund Balance TOTAL EXPENDITURES (:AFzIl"AL IMPI~OVEMEN'T'S F~UND r;: E: ~3CJ i..JPC E S C i:;;. r. 1'.. \/0\/ F:: fr. . ..... ..... ..... I ...I '.' :...Z'l.... . ....... . . -.... .-. ...- Interoovernmental .-. . - .... . Lt131r'ges '~or ~:;erVlces I rl t F?:i'- f.:::~:::. t Miscellaneous Revenues Operating Transfers In TOTAL RESOURCES EXPENDITURES Personnel Services Materials and Services Capiti.il Outla.y Operating Transfers Uut Cont:. i ngE:j"""tcy . , . , L:': L~ C~ (:l f.:! T:. {.:;'!. i.n, ":./ t:.; .:':t ':::. 1 ~=. E.; u. c:i CJ F::' t. ActLlaJ. varJ.ar}ce t..1eJ1"c: ej..).t ..... ~.... .-.' ..... ..... -... ..... -- ...- --.. .-. ..-. ..... .-. ..... ..... .-.. ..-. ..... ..... ...- ..... ..... ...- ..... ..... ..... ..... ..... ..... ~2 .:;..... ~:2~ I: () (j () 1 , l ~5 () ~ () () () .~; 1 q 1 ~5 1 Ii 1~; l4. 16, ~.:::.;9 :i. l:,) =\ ~~ () () 'i i:) f) () ..00.. ...... ./ 1 u ()C)() 1 {':. &: ()()() .~. i-::3 q () () (j r:-} 8 ~:5 q () '~l :~:: 1 it , ~:: (:;) ~~:~ ( :~:; ~~:; () ) .i 'i !.:::. /i l. :t J. ,-_.I "'i' ( :;;': :.:~.i E3, ..q. () C? ) . ...n ~...... .... _'. n... . \ ~i ~ ~:! Iii- :t I"l ~::~ .,/ ;; . ._.. ..._ 4' ..... . <. ~.:: ':::)!i ./ () ..i ) ( :}. {) , :~~: :.::~; () ) .' .J ...... .... .... ...... J~ .,:+ (::i Ii 1.) 1._1 I.) ,.; .{ ()c} t::J 1 ~':':! '..1f 'J ( ~? ) () -....-...-..---......----.--.-...-..... -...---..--..-..--.--...-"'-'-"'- -.-.......--.....--...-.....-..-..-....-. --.-.--.-.-...-....... :c::: / f3 Ii (){::)(i q ()()(J :.~.~, 1 tJ f.) ~ .~? 6 1 ( 5, ~::3 (:;i :~:, :'~': ~:~ z:"1) ) -------...---.-----. .--..-----.-----.-.-.-.. ------......----.---.----...-- ,-,,--'---'--"'" ---.-----...---...--.- --.-..--------.--- -.---.--.---.------- -----.....--..- :, "I" .-.'. .... .... .1:+ ..;+ <:J ~ .:::: 1.) i...1 .:.:.:: ~ 1 1 :~:: Ii [-3 () (j ~j(H) ~ 000 f)i i=) q lJ J. ~.::: 111 ::::;6C/ Ii <)41 ~~: ~:i :.:.::;, ~:.:.) ~3 .:/ ::;:f ./. .il:::1-!l ./. ~:~.; (;) ~5.00 'I O()O :~~() 19 () ~_._...._..._..._.._-_...._.........._.._. -_.._--~.._-_._..._..__.------ .._.._....-..-_._.~....._......_.._..._...... ..-.-..----...--- i8 8'1060'1000 i !l 45'7, 6~.i4 1:::.;, 6(~)() :t :::~LI..l:~ --..- _.- - .- -.... -... -... ..-. -- -- .- .-. - - ..-..- - - -- .-- --.- ..... -. _... ...- -. .-.. ..... --. -.. .- -' -- ..- -.- ...- -.. .......- -_..._----_._.._--_...~- --.-.--------- -..-----..------.--- ---.----- . ..... ...... .. ..... ...... 1. !' ..:+ ..:+ (::) ;: !....~ i.j i....! ~::~: () 1 ~ ~j () () .'.. ......... ..q. () :: ~:_~'.i () () . ,. .... h ]. 1 ]. !i ()C)() 1 (j() zt ()()() :~, ii. (:f f3 ~ :~~ ~~ (j 1 :::::4,000 . .. -. ., 1 ~ ~:'t :..:/~::: :i .':+ :::: .::+ .-.. .... ......: ..::: ;,,) , <:~i {:} ii. .....; -.:: J--' l! ...:: .:::..... , ..."/....!..... :3~Ll :t c:; 11 40,000 :l /,j. (:-: :; ..:'~i. :~? .l~ () . ........ ,...,. - . (. -.::' () :L ~ t::~ () () ) ( ::'1 () ~ ::.:.:.~ () () ) ( tJ () :; :~::: :~:: {:>.) :t J. () I.j ~j .--'j r"1 ..::.C::Z J. .'::I() 4, 6~'::; 1 , 5~.50 _. _... .__ ._. ._.' '_" __. '_.__ ._.. ..... ._ __ .._ ._.. __. __ ..... .__ ._ __ _. ._. __ ..... "_. .__ __ ._ ._ .._. .._. 4..... .._. ...... 4_ ._ ..... ..-. ...- -. ..::' / 1,725,946 . ..... .... .. _00...... ~. ./ ~::: , ()~) '.~' ) ( ~~.~ , ..4 ;~S :~:: ~ :~~: :~~ c; ) ( ri'4, 0(0) (2, 90::,i, 6(4) --_._----_.---~ ------------ ------~.-._._._._~-- -------. ~-----_._---- --------.---- ---~.----_._---- ------ 1.!l 000 1 (!(?, 7~~O 2, tlif::::: , ~; 1 ~5 11 ':;,:., 1: ()()() UnapprDpriated Fund Balance 1,655,285 . .... _.... ). C)() :; (){)() __.__.._______.__. .___.___.________.._..__ _......._._.H__.__._.._.._.._.__ -...-..........-.--. ..:.. TOTAL EXPENDITURES ~. 4, (~:~~~ 1 , ~S~;C) 5,91.4 1 :.=;, i 09 6~~; 'I 071 .-. - .-. . ;:J, ]. z..:/ <::1 ;~~ ~2 , ~:? (.1 () (f+,Cili~.) Cii~a: 6i~.:t ~~: , ::;i85 , L~4A~. 1 (i t1 " t3 (=) i~. :1.00,000 1 :: (~I 5 :.:~:; =' :'~:: ~:3 ~~; ..q. , ~5 :~~ {;; ~ L~ '::) f::) t::;.",-, 'i .........;: 1 14 ~? / i._i u ---...--.----------... ------.-----..--.---. --.-....--....,..-.-.----...--- ----..--.--.-. -------.------- ----.----.--------- -.-.---------.---- -...---.---.-- L: I TV DF. i~~3\-..iL{il\j:C) S'l-A-~"E~IVIEN'l" lJI=' l~i~SOL.jR(:I~~S ~~ EXF~ENDI1..tJRES r:' () f' t ~...! (.::: ~ i"'J j.... F::I (.:.:.:z IV) c::; ri t.: In) ':::. E:: r"~ cl f..:.; ci ~::~ ~:.~~ f.:j t:. cl f'n]::) (.:::: r" :~::: () u 1. :.:-/ I...:..: () r.:{ t.t c~ c.::J E.:: t~ E:\ r' \.... .1:3 .::~. '::::. 1 '::::. Fund I::'; t.t. C; <;;J t:-? t~ (ic't, L!. c:\]. \.! d ,'- :1. ;3. n c: E' (::'; ::3 ~3 E:. ~::) t:) !.....i E:~ ~\~'T c:: Co! ~...~ ~::3 -'r F;~ LJ C~:'T ~ i-'!! -..j r~~ t:: ~:3 CJ. LJ F~; [~ L:: ~:::; C a 1'- r-. .y'D V e j.-. Intergovernmental Special Assessment I n t i7? 1'- F:: s;. t I"h ~:.cel1 c;\rH.?DU-=.:; Operating Transfers !n ':;5 :?\), (;()() :~: J. ~; If (j()() .. .' ..-......1. {::; u () / ..::S ( l:~~!i :~::~ ~=~ ':7 ) ( :~: 1 :=.; It ()()()) !''t~ E; \./ \~~I ,...! Li (.:? (J l04qOOO t::. ...:.. i':::' ":1. ~'-'J ._.1 / , ....J '..) -.t' (46, ,q-(d ) .... . j--.' c:\ \/ Hi F: n t_ ~::. ( ~5:3~:; ) 1 I: ()()() ..-1 -i !:::. ';. .l ,..! .? :~~: (~1 r: () () () () (./:~:6, 0(0) (20~OOO) ...... ...... Lt)!t ()()() ..-...-------.-.--..-.--.--.- -----.-.--.....-...-..-..---.--- -.--.--.-.--...-.....-.-..--.--...-..... TO."!"" (.; L_ F;:t::3DUF~CE~3 i =i 1 C){') Ii ()()() {::' II ~ 1:.":1 ~~ ';l ( 1 q 1 :~) 1 q :3/1 :2:; ) --....-..--..---.-----. ..----.-..-...--......-..-..-..-. -...--...----..-.-----.---.--... ---..-..-...-..... ----.--.---.-..---- -.-------.--.-.--.----- .-.---------.----- --..-..------. C' ....J EXPEND I TUF;~ES 1"1 i:":\ t. f::! r-. :i Et 1. ~~. 2 r., cJ C.=~I=)i.t21 Dutla-y" Debt. t.\er-vi Cf? ~:::~ i.-::: ~.-. \l.l .--!== c;. _. -.. . . -. - -- -- ~~:; ~ '): ~~ () ...,. .-.. ..... - ..::' ~{ ..... ::) t_i ..... ..-.. -- ..... .. ...." ~!Cl q :.:::~~.)() ( 1 :~::: ~ 1 () '~7 ) '~.}' {;I :::;:a , ::~~ ~-S '7' 4::~;6, ()O() :, -"1'" .... .... .... ,,+ ,,) (::' I! i....; t_..: t.) .--.......-.-.-...--.-...--...... --.----.-...-..--..---.---...- ---.-.-...--.-.--.....------... .--..---.---- I, .L .i TOTAL EXPENDITURES i , l z::~; 6, () () () ( 1 :~~; Ii 1 <=:f 7' ) 1 , :? (:1 c.~}, 1. () ~l -....-...-.---------..-.-- -------.--.--.-.-.-- -..-------.--.--------..- --..---..-- .--.--..-------- --....-----------.-.. ...-------.------ -.-------- ~1(Jf;f:)I..~..Ai__ COi~Sl..I~LJ{=..I..IO!~ I::'UI~D F~~ E~ t3 [J tJ i:;~ C:: E:: E; Lal.- r. -/c)v-pr- I ntP/.-f::t-::3t OpE:rating Transfers In ::::: ::::~ :.:.:~; ~ () () () :~: :I. :~:~!! () Ej ~3 ( ~:;::"1 :t '~.i:l. :'r~~ ) ( :I. 4 , :3~; ~.::.:.i ) ( ~;~ ():;;: , (:z :~~: () ) ..-.. ~...- ~::: ti =t () i) t..) ~; ~ () ..q. !:.3 :;:': ":':1, '~7 , /:."::: ::::: () .. _... _.. n i+ ~:) 1: ()()() F:z t.:! 1'''' <:: E~ r'~ t... ...:' '..:' u ~:~ ~:~ i.j. ~I~~ u u {) ( '-::. ..; ':. .....- .' u ~':':':~=; TOTAL RESOUF;~CES . .. .... . -.- - C-;'\_I:L:; CZ.'::1(_) ._.. J _-:. .n... -';' ..... ... ... '_:' c:.... ...:. at f .":1 '_) (2:::;:8,897) ..... ._.' _... ..... ._. _._ ..... ..... ._.. _... ....... ....... _4" _... ..... .'_' _'" .._. ..... ..... ._.. ."_ ._.. .._ _.., ._.. ._" .'_' ...... ._" .._. _.. ..... _'. .-.. ..- ..... ..... 'n_ ..... -- bU _.___.__4______._ _______._____.._4 .----.-.-------.-. ..-...---.--- ----------- ------------ ------------ ------ EXPEND I TUf.:ES Capital Out.lay 602, 6:~::O (> 602 'I 6~50 <) TOTAL EXPENDITURES t':. () ~'2, t:."J:3 () ~; t) ~:} 6 :Ci :::.~ , /;:., ::::~ () _..___.______._ __._____._____..._ __.____4_~.________ ~------- () :p --.----------- -----------.--- ------..-..-.------- -.-.--.---. --.----------- ---.------------ ------.------- ------.-. t: I "r \{ C) r~' f:'::'i ::::; ~ ..~ t.. (':.~ !\j f) STATEMENT OF RESOURCES & EXPENDITURES_ f:' C) 1'- t f"j i~.:.:: "r }'-j r' {.~.:r t:::: j'....i I::' ""1 .t:. j"'~ -::::. F:: f"j C:! (.:.:.:~ c~ ~::::; {::.:.=~) t4 E~ rn i~) f!..: r- 1. ::) c.? () ..... I .t.; tJ c; (_::.! !?:.:"C '::'). ~.... -\.... J::~ .~~.!. -:.~. ]. ~:. Fund Gudget Actual VariancE f...1 c.:.:' r" c: F~ j'"'f t~ :E{ (.~i !.....i c:: F;~ C) r:" --j" f:{ C) i.....i f) F~:.: E:~ I) E:: r':~ F:: 'T' I C) ~"".f F~ E:~ ::3 CJ LJ F~: c:: L:: ~::; I n t: €::. r.. E? :;:- t :2;: I( t~ .:.:.:.. ::.~ 4, ~=i =t ~:.:~ .~? () ( ~2 (~::: (:::; , (:;# (> :~:; ) ( 1 1:.:) ~ :~:: ~~~ ~S ) :L 1. c/ C C:i r- r- y 0 \/ E: !.... .:p .")'.:::i:::; (', (i ("! .;....._.. "'_. u ..... .... ..... ~;~: t3 ():t ~:~.; .~? () ::.:: Special Assessment .... . j_.l ct ":l in e r"i 1: ~. '-j' ...... .... .... .... .-. . ',,?.;:. .! _ '. P. Ji. J - .- - "" .. .. ... . . .-.. - .... .-.. 1 1 -.::. q U '._/ ./ . .:, t ) ~:.~ () A () (j i:) 1 ;::~~ TOTP1L. F;:E:E;UU!:~~CE~=; {') :::; :~:~ :; () (, () ::~; C?7 , ::~; 4- 2 ( :~~ ~:~ .~? ~ {::: ~.:.:.; f:~ ) 1 ,-~::E:~ .- ...-. ...- .- ..... -... ...... .-. .-.. ...- _.- _._ .__ _. _.. 004" _. .__ _". 4._. "_4 __ ----..--.----.----- ------.-....-----.-..- .-.---..--.- .-.---------------- -------.----..-.- -----.-.--.-... t~ )< F::z t:: j\1 I) I 'T' L.i f-~ E ~3 Df:?b t ~:;j=r- \I ice DpF~!-- E:\ t. i nq Tr.- an ~::.+ E.:' 1''' ~~. Uut Url aj:J p rOo DP r-:i ~i t E?d Fun c! E:;E:\]. E:i.nc: E L~ t:.;;::) :: () () () i l+ (:i , :2 ~:: Ej ~:~; i~l. :::;, '~7 t~ :.~: :~Z() ..... ....- ~) ~ ()()Ci ::5'1000 1._i 140,,000 l "::\-0, 000 () __ ..... _." ..... ..... ...... ..... ..... ..... _... ..... ..._. ..._ __. ..... ..... ._. .._. ..... ..._ ...... '''.' .._. ..... _... _... ..... ._.. ..._.4 .._ ..... ...... _._ _... ..... ...- ..... ..- .-. ..... .-- TOTAL EXPENDITURES <::) :~:: :.::.~ u () () () i .4(.':1 ~ :'2 :~: f:.i 4 t3 ~=:,. .). {~~.~~ L...:a .- ..-. ..-. .-. ..-. --. .......- -... ..- -.- .-.. ...- -... ...- ..- .- -- _. .-.. --. - -.... .-.. .-. .-.. -_. -- ..-..- -.. ._. -.. -.- -.- -- -. ~..... -- ...- -.. -.----..-.-..-..----..- -...-------------- _.._---~---_._~_.- -.----- GENERAL DBLIGATION BOND FUND F:.: E~ r3 C.i tJ F~~ f~; E::.~"3 I r-, t_ Ei r-' c, ~::. t . .._.. 00.__. 1 ..::1:1 () () (_) C,/ ~:;~ ~i ~;:: l::.~ :? l~., 1 ~:? i:.) :~~: () ~:5 7\ () () () ( .y. !! i:~) :~;: ~3 ) ( Ej ~ ~3()..~i. ) (.~.:: {:} r:: <:~ r' r' \,.... (j \/ e i.... _.. .._. u.... :..;1 ./ _ ( )1: );: ) . . - .. .. .. (J ~::) t.:~1 f' E:'\ .t: :i. f"1 (.~;} "r i.... c':;' r"! ~:..f E.:: ~.". ~=:. I r"~ ..' .. _.00 .... 00 ..::' () ~:..);~ ::) (J () i.) 'j f ':f'J ...-.................-..................-........... ..........--........-.....-...-.-....----.. .-..--...-.....--.-.........--.--.-....... ........-..-...........-- TDTf."~L !::;~E:::;iJUr;:CES l:t t ~:5 u ()()() i~ t) ~:2!t 1 ~5 E:i ( i ~:: ~ t34~~'~) ._. .... __ .__ __ _... _n. ._.. ._.. .._ __. _... ..... -- -'" - -.. ..- --. .-.. -- ...- ..... .-. _... ..... -... ..... ....- -.- ..... - -. ...- ..... ...- ..... .-. .- .-.. .... --.--------.-..--- -.----.------.-- --.-.-------.-.-- -........--.---- EX PEI\ID I TURES Debt. SeF.vi ce Unappropriat.ed Fund Balance 305,000 1J.0,000 158,113 o 146,887 110,000 ~i:2: u --_._._._.._..-.-~--_....- ----_..._-_._-~_._--- -...--..-----.-----.-.--- --.....--.............- TOTAL EXPENDITURES No :p 4 1 ~i , 000 :j:i 1 58!l 11:3 .$ 256, 8S.l ":!'C.i ,-,\_, ------------ ------------ ------------- ------. ----------- ------------ ------------ ------ [~: I "r \.... C) F:' Pi E; l..i L.. (.~ t..~~ f) STATEMENT OF RESOURCES & EXPENDITURES FDr.. t: l"'i E.; ~ j'''! F. ....;.. . . .. .... .-. j";'~ t) ~'.i t~ i."i ::~. E:: f"l ci f::.: c:~ ~=) :;:.?! ~) .t f:":.i rn f.::r f?:.f r. ._::,i._.J'i J. -../ --;! U ... . . J:3 Lt c~ C:i E.:: t: .:'::\ t.... \i .. . ~.-.~ r'.:'i '::::.'j \::. .-.. ...........- Fund 13!..3_d .:;:) E.t f.:iC t Ltii]. I....} i:':i. ~_.. i ,d 1'-1 <:: t-:! F' F!! 1--- C EO:; (., t. ..... ..._ ..... _... ..._ ...... ...... _.... ..... ._.. ....... ..... ._.. .._. ..... - ..._ "'''' ....... _... ..... ._.. ......... ..... ..... ..... 00... ..... ..._ _n ..... ..... _. ..... ..... ..... ..... '.'" ..... -... ...- ..- ..... -.- ..... ..... .._. ..... ...... -... ..... ..... ..... -... ..... ..... ..... ._.. ...- _... ..... ..... -... ..-. .-- ..... ..... ..... 1:) E~ I:'~ 'T' ~:::~ E::~ r::.: \/ I L~: E:: F:' LJ f....1 I) F( E:: ~:; (J L.j r;.~ C~: (~ ~3 Car.- r. YO\!E::>!'"- I nter.12st ~~5, ~~ () <) .:t:- :",h' .... "'1' ::) , ,:::- b '.) :~:. .1. ",_1._, J. tj ..:;, 1 (j4. J ()Lj. OpE~f- at-. i ng ..... .. j j'- ~.... 1'"1 S .t. e ir' S. J. r'l '7' :2 ~ (~) () () .: ...,. .. ...... .. 1 '.~' 11 1 '-.:-'"(:::s . ..... .... .00. n ... ( ~'.:) to) , t:.{ i:_J .q. ) 113 -r(jT?:~L PE:~}DURCES ::.:: '~7 , ~:5 () () l f3 ~ c/ i..~r ::::: . ..... .... -.. ..... ..... . .. ~... I I :_... .' .... .~ ._J C:: , \...1 ",)"" .J ..:::,,,:+ .---.-..----.--....--. .--.---.---..--.---.-..... ..---.-....-.--.---......--.--.-..-- .--..--.--- -..--.....-..------- ----.--------- --_..-.__.._-_._---_.~ ------ EX PE-:!\ID I TUFi:E::S Df?bt. ~3elr.'.../i ce Unappropriated Fund Balance .i~j.8 It ~~()() ~~:: c,: ~ () () () .j ''':.' "7 ..::. :"'~ J4 / !i ....) ...:Z ::::) ::::,:l. !' :!. 6::.:: () .- .... .. - .. ~::: ;.-:/ 'i () (-j (j () -_._~-_._.._._---_._._-- ----_..__.~------....._..._.- --.-....---..-.---.-.-.-...-.-- ---.-..-..-.-... ~i"Ol'AL EXF:Ej~DI'rLJF~ES .? ./. I: ~::.; () (; . ._.. ..00. .._. .-. ]. ./ , -.::...:.:,{:j ... ..-. (~:,~ (), :L {::'i :::~ _' _ ._.' _... _. __ _... ...., _ __.. .._4 .._ 4'_' _'. .__ ..... __ ._. _..... ._.... ...... ..... n... _' ..... ..... .._. _._ ..... ..._ __. ..... ...._ ..._ _... _.. ___ _. .'-' ._. ...00 ---_.._-~-_._..--- .-----------.------...- ---...----------..-. ------.... ADVANCED I;EF:'UNDlf~G B{JND F'UND F~~ t::: ~:3 (J L1 r~ C: [:: E') C .:~ t-. r -.:-/ C) \! 2 r-. - ..... ...... ]. , L~<:)() ~ ()()() J. ~ i:~ t~ '~?' =t :';:.:.: :'::'~ .y. ..__ ..... .... 'n' .. . :.. . 1'1.'; ,,'.' .... .....:. .:,..... u .Z...~_.. , I i"'j t.. €::z r" t.'::' ~:..t~ 1 ::::~ () G () (:: (J 1 ~:3 :l ( :t :~~:': :::~:: ~ ~::~; 1 i.:;) ) () i tJ i j'"1 L.... F;~ t:~ ~3 (] LJ F;~ c=: E~ ::::~ 1 ;J ~~:_:.~ :::? () ;: () () () 1. , ..~~ {j .:.:.:: ; ::"~. () :.~:.; ( J. (::: ~~':: =' ::.:.~; 1::~j ::~:.~ ) C)ll ----..---....---......-...-..-.. ..-.-------....-.-...-..--.-.--.. .....-...--.--.----...---..- --..---...---..... ---_....._.__._.._.~-- ...__._-----..._-_._-~-_. --.....-...--...----.----- --.---...--....... EX F'Ei\iD I TUI:;:ES Debt Service 204~OOO Unappropriated Fund Balance 1~386~OOO 121, 70~S o 8:;~, 2{i~.7 (::, t j 1 ~ ::::;86~ 000 (> ~---_..._----- -.-------.------ -.------------.-- --.---- TOTAL EXPENDITURES .~.; 1, ::,i90, O(H) ..y. :p 1 ::~ 1 , ~/" (::r ::; '$ . ... .... .... ..- ..... 1 ~ f..i.6(J, :':::;'l. / cj ------------ ------_.._---~- -..---------.----- --.--.-.- ------------ ------------ ------------ ------ [~ I "r \1': [) r:' {.":'f ~:; :..i t.. f:''':'i ~\~ I) Sl"Al-EMEN'r' OF RE:SOl.JRC:ES 8~ EXf~ENDI-rlJRES f:'C)f" ttlE Mf'~'1!~'ee ~tof.)tl-1S E:i")c~ed Seoteflll:)et:- ~I(_)q i~~C~(') Fu.r-!c! HCJF;F'T .r ("it. ... ..... . .n' ......... .... J:3 tJ ~'...t .1.) ~... LJ (..; 1) ;::;~ E:~ s tJ LJ F:~ C; E:: ::3 Car- t- VD\/E.;r- I ntE:I'-'es:-t Operating TransfE:rs In TUT AL. F;~E:~:;U!..JF:;~CE~3 E>:;F'END I TUPE:S Dt7!b t b0?!.-- \1 i c: f.~ Un ap P j'- C1p r- i ~_i t:. ed ..~.. . .... -' j-- unlj .i.-3al anC:E' -'r CJ 'T' A L.. E:~ >< F::l E~ i\j I) I I" LJ r;~ t:: S CENTRAL SERVICES FUND I::;: E: f3U L.l F:;~ C E S [: a roo r. -y' D \/ t.:.; j--- f~:i-! c.i.!'-"Cf (~Z:-:::. -f 01:-' .... . ~:) E? r' \/ 1 c:: E? ::;:. I ntE:,!.ooe~:.t j'-..,~:!. .~::. c: E~ 1 ]. ~::\ r--i F:~r c:! !.J. ::::. F;.: (::' ......... ~~ r"t L ~ F::.t '::.:. 'T. CJ 'T' f::.":j L_ F~~ E:~ S CJ LJ t~.: (~ t:: ~; EXPENDITURES AdministrativE: Department Finance Department t-'i:i sc[;:11 E:i.nE~Ou.~, Public Works Department Community Development Dept TOTAL EXPENDITURES ~[~{ Lt c~ c:~ f=:~ t~ .:'~\ ~.... '../ . . - 1 : ... .... _ .._ .r.:' .::;!. ::::..1. ~:~- Bue! q E::,t -$ ::~~ q ~) (i (j :~:; -~. _... ..... -. .. L~), ~.)t)(_! ::': fj ; ~.~ () () {.:jC t UE!.l ..... .. -... ..::' It (:::1 1 ..... .:t,. 1. ::;:; Ii. :~: '1 -~.7 ~?' 1 \) a rOo ii~ n c: E' l"j! l 1 ~:j .{~ ( 2::; 'I ~_;OO ) (24, "/2c/) ..- . 1"': F:: r' C: E:: r'i t.". i :~~.~ J ___._..____.__..__._.. .._....._..__.~._____.._~__._ __.._0-----..------.---.. -___.___.. -----.------.-- -.--.--------- --.---------.--- ---..-----. J. .~:I ....ir..;:. ...... '. ..::" __I, '..:_ / r..) :~~, 1 .:~~~ (j o () :~ ~:; l( ::::: ./. () ..-t. .I ...;. .-. ..::' II l.'::t{) () () ------~-_._._--_._... --.-.-......---.-------..---- --_.__..__._...~.__._----- ..-.---..-....-..... u :'~':: [~ ~ ~:; () () \_.i - ::? E: 'I ::.; (J (j _. - _. _., _... _~.. _. ___ __....... _'_ _._ .00" _.. ..... _... __ _... ..._ _..' _. ...... ..._. _., _ .'- -.- -- -.... ..-. -.- ...... --. ..-. -... ....- -.. ..- .-.. ...... ..... -.--------..---.-- -------.--......----- ---------.--..--.----- --.--...-.....-.. .... ... ...... ~:: 1 () ~ ()()(} 1 ~ .~.:- E:~ (:i f{ :.~~; () () :':~~ J:) ~ ::) () () .-... ...... ". !:i i: i . ... ...... -.. .. ., .. - :? :':5 () :t ~:; ~~~ ::::~ it ":.1- 1 ~ .~7 () (;) . .. 00.. ._ . ...... {::' r:' ;...-' .:::: ::+ ." !::;. -::. .:i ... t. . i. 't:'+ : 11-0 r. 52:::; ( 1 , ::::~ :~:::: Ej;, .~/ (7~ 1 ) ... .; ":1' ;....(..-......... \ .l"_:~' ':"lie)} ( :.:!: .. ~:::; :.::~ ii. ) . -. ., .-. -. .. -:;' '; ( lf3) ___..__._...._....._.................__ __.._...._.._._....M..._..._.._................ _.._._-....__.._.-__.._......._..-.__ ,-,,--,,'~'-'-'--'" ..~1-':'-) :~: q () :L ~:~: ~ . ~~:.~ () () . .... ..... -....-.... .. ; :: ... s ~ J C) '::' .... u l .I:: .::: ( 1 , ~:~ 1 ~):4 .~.:.~.. ':.7 E1 ) ----..---...--.......--.-.. -.--.-.---.--.-.--.-...-.--.--. ..--..-----.-...----..---. ---...--.-........ -------------.---.. ---_.._.-.__._._.--~-- ---.--.------.-.--- ----..---...-. ::::;76~ 050 81:::::, :::;'00 2 ~:: :~~ q ~:';~ ~:::.! () 397,600 1 93, :::;'00 97,872 209,801 l :~:~ ::'~:; ~5 :~: (:> 89, 0:3::::; 40,582 Z78~ 178 60:3, 499 100 'I 7~.::.O 308,567 152,718 ....'s ..- "::'0 26 1:::."7 2L'~ 21 ~; 2, (> i ::::; , ~=:.;(>O ~t~ -------..---- ---..------------- ------------ --.----- .::.. z"._; 5tJa~i I( 8(:)ti -t' 1, 44~':::, 692 - _' __ __._ - - ._ '__ u_. _ .._, .._ __ -- _. --.- -- -- -. - '"'' -. ._- - --.- -. -. -- -' '- -.- --. ...- _.. -- -- .- -... ----------- -.---.-------- ------------- ------.- C I T\/ DF (..:i:::3HL..r:i!....~D STATEMENT OF RESOURCES & EXPENDITURES F:~C)I:" tt1e '-!'-j"lr"ee Mor.)tj")~~~ E~r'~(jeci Septefnber ~;(.)~ l~\i(_) .[{ Li. (j (J f:~' t~ .:':;t. !.... -':./' .t:5 ,:'~!. .~::.]. s. F.ur-lei I i",~ E:; Lj r:~ ('":'i r...~ C~: E:: ~:3 E~:~ F~.~ \:} T L~: E:~ ~:::) r:' LJ I\~ I) .... ...._ .._ ..... . .... ._. ..... n" h~ I::. ~j LJ U I.': L.: I:::. ;j Cal.... t... \/D\/er" Chai:~ges +01:- ~er'Vlces I ntpt-.e~~.t. }\"1 i ~:. c E~ 1 J.. ct 1'-1 t? C] Lt ==:. F;~ f2 \/ e ;-.J 1...1. t:7:::. .TOTt:.:L F;:E~30Uf~:CE:3 BL\dqet {ictual J.../ c:\ r" i a fOOl c: f-?: 40'1 '-:://+0 ( ::'~ 8, (:. ~ ~:; 1 :.:~ ) . .-.. ..... ..-. ..... . . <. /U~. /:':.6) . ...., .. ..... - . ;; :::10, OUU) . ._.. . .... . .._ u.. . (. ..~l (:) ;:=~ , cJ:Z::: t3 .> F> f:~: !... c:: :::.':: r'i t~ J f..)..:+ :'~"~'~;) d::: J. () ~.. -_. -.....-.... --..- -- ....- -- -- -- ........- ..-.. ..... - .-....- .-. -- -- -- -.- --. -. ...... -- ...- .-.. ......- -- -.. ..... -.- ..... -.. -... .-- ..... -- _._-------~--_.- -------------- -.--.---.---------...-- '---'-'---'-- ""...1 ... \-' EXPE-::!\JD I TUi::;:ES Personnel Services ~lateF'ials 811d Ser-vi(:es Con t :i. r.! (;1 pr"! c::...,... Unappropriated Fund Balance TOTAL EXPENDITURES EUU I Fl"'.jENT. F.Ui\jD i:~.~ E:~ F3 (J LJ F< (~:: E'~ E; c:: .::~ ~.-. (' ..../ () \./ I::';: r" .... .. L..: (i .::'~. j"- ~~i E.:( '::.~ .).. C) ~.". ~::::~ r:=l f" ....i -j r" !-::.l .::::. ._ __. ,.h"" _u .... Int. E? r.. e .::::..t. 11is<:ellalle<:J'lS F:~eveflL~es Operating Transfers In TO.TAL RESOURCE;::; EXPENDITURES Personnel Services MatE:rials and Services Capital Outla.'i Contingency UnapprDpriated Fund Balance TOTAL EXPENDITURES 1 :; 1 ~.i(}, ()()() ~~~: '~;) ::.; If 1:=) () () 1. ~l :I. <-:;'0, C}40 :p 1 1. 4. =' 1 f3;::~ :21 , ::~4:44 iOO,OOO ~:.; () II () I:) (j 1 q z~) c/ =:.i" (; () () 1i, ::;26, :::::72 :i. :~:; ~ 000 ::, "l2l:l. :=:;::::~, /:::.' .~/ ~3 Ci Ii. ':7 () If () () (1 ::iO() ~ 000 .:.:..... 1 ~z~~ :; (::. (j () ..- -... -.., . ], t) , ~J./ t} Lj. :!. t"J, ::~: :~': ::~ .-.. ."... ...... ::.IUU q UUU .7J.2,000 :l C) 1. .l () U i Ii CJ(?~; q ()i:)() ~S6, 102 __.__0.._.._._._______._ ______._______.___._._ .______....M._____._____.._ --..---.-.......- ....:' 1 II 6:~j:::{.. E:S::;:'8 ---.------------.. .-....---.-----"...-..-...-- -..---------.----.-.-.- -...--.--...---. ---------.----- ----------------- --------------.. -------.- ~:~ l::t () ~ () () (.'; .....Ii:::......! t-'";"'::r::' ..,.. J ... .. ..f f . I . .... -...., . . .... ...7....1 ..'J ih'l i:::. ...... .' .' ....:. .-". 'I I .. .Z._ : .:; '\_...._.. .... 1. [:5 ::} ~ :~; 4 ::~: 1 9~! 14b ..00.. ...... c5() , (){)() ,., _.... 'j i'i f i i j.. '1 ". .0. 'I .... ... .-. 177 q (lO() i~.5 :1.07,520 n.' ..00 ... ..... ..... t ,.: ::: :... .-.. ..... . .. ... .. .1...:; .. .. 'hO.' . .....-........ ....... ...... .. .. ..... ~.. ~.") "~; ::) ~ :~:.1 t.) ./ ..: . ... .._ ..... h_ . ( ~~) ()!! ;:::) ::....: ~I::: } ( C) z: 1::;' ~:5~; ) ( It.\ {:;I , 4 E:~ () ) .;. 1. .l. () C) J. -.--..--.----.-.-.-.-- -.-----..------.-.-.. ..---------..------- .---.-..-.-.-- I :....: (J .::: 1, 8~i:t, B~iO i , 269, ():31 ----.-------- ------------ ------------ ------- ----------- ------------ ------------ ------- SiB, 000 :3: ::2 4. II a:7 ~i () ::~ .;, , ():2~ Sz \~ 1 11 ~l~;C? ~;i 7 ...000 ~; 1. , .? ~.:~.i 0 1 t-:,8, ~525 t~i (~:\ (), ::::: ~.:.i () ( ~if:3~?, E: i f7; ) 7 I::) II C? 7 1 ~~ ::~: :~: u () 1 1 :::;;4B'1 4 ~?5 ;5:l , 7;:::.iO 8t-,,(j, ~~~5!:) .1::.'::) '..).-:' () tj --....-..-...--.-.---........--..... -...-...-...-.....----.-.------ .--..-----..-.-..-..-.-.---....-.. ..-..--....-..-.-.--. .t (:) 287~293 $ 1~564~55'7 :1. !l e~:51 , d;::.iO C I T\( OF {~SI"'IL.l:~i\iD STATEMENT OF RESOURCES & EXPENDITURES F:'OJr' t~le -t'-t')i~ee ~1(~rlt~..)S ErldedSe~J.ten)t:)eF- :~;(:)G 19()(:) E~{ tJ ci i;.:J E~ t~ ,:'~i, f.... .~./ 1-3 E:i. :::. ]. ~. Fund Budget Actual VariancE: Percent [~[:ME~~:'-rE~~F~Y "f'F~L.j~;-J" F::'lj~.\jI:) REsuur;-:CL:~S Car. r- -y'C)Vel--- 4:x} ~:;\:.t:.5 q 000 11,000 5~.5 'I ()<)() ~:j i=) () ~,~ ~.:.! G? ~::': , :~:; ~~~ :~:~ :p ( ::;': , (~...z :::') .~? ) 'i () ( ) Char-qi:3!S 0 + C)lo- .-. . ~:) t-:-? ,:- \/ 1 (~~ E,i ~::. l , ~l~;ll 1 i), :'~: J::) E:: !.500 . .... - -. . . ( z_:/., ::::: Li. {::' ) 16 In t f..0r- e:.~ t. (ij04u ]c/2) 11.).1 Operating Transfers In (1 100 TDTf:lL RESUi...Ji::':Cr~s 661,500 604 q -/(:i5 ( ~:i ti!f :? (j~; ) ('-1 '1 7.l -----.-----.--- ----,..--..-----...--------. -...-...---.--.-.--------.-.. .---.-.--.- ------------ --.--------..-.---.-- --------.----.---- ..---.-----.-.., EXF'Ei-\!DI TURES Operating Transfers Out Ur)appj~opriated Fl.~ncj Balarlce 5~:;, 000 1 () ~ :? () i:::: i:} 1."", '~7 I~;) :~2 '::'i()f:::.." ~5C)() 1 z:.~:: , ." '~"."" 6(){") q ::-)(}() TOTAL EXPENDITURES (Jl~ 1 , ~.:5()() 1 () ~ :~:: (j ~::i ~~ (:)!j 1 , 292 ...) .,:.. __._______.______. ____.___..,________._.__._ __..____.._.______..___ _____M._..._.. ----------.--. ----.------..-.---- --_._.._-----~.._._-~- -.--.---.- c:: I -r Y 0 F. r; ~:::; j..-j L p! i""-i I) t=: f:'::j ~:; t...} ?'i I\j [) J }\! \/ E:~ ~:.~ 'To !....j E~ j\! "r ~3 ~::::~ E::~ r::: .1- E:~ 1....1 I::; E:: r:;~ ~:: () ~ ]. C.r: :::.;.:: () j::; j~.i U U h~ T PEFCENT __..._.M.._U.._..__.__._.._............___.........'............-....-,..........-.....-."-...-.-......-.-'...-......---..-..-.-...-..-. -.,.-.....---.....--...--.-..-.....--.----... ........-.-........-.--.....-..----. C (.; ~::) 1".1 C) j\i j...j (:.~ r) D b -)' H " () () i.) u i...! CHECKING ACCOUN.rS First Interstate Bank-Combined u.s. National Bank-Combined .-:;' -:"1::' -{ t=:;' r~'; ....:z~; ,_:Z ......' J. II __! CJ ( :~~~ 1 ::~~ :t f3 ~~: l:..\ s: :"2 f:3 ) () ;t ~) C:~;. 1) s:.ubto-l.:-.C1.1 (:S10, 4B-4. .70) C:::; . 0 ) LOCAL GOVERNMENT INVESTMENT POOL l:; , 2 ~:~ ~~:; () .iI.I.:) u ~7 (~i 61" 0 U~3 {'-jCt!:::NC I ES hE!,,} COF:P ~~ , ~~:: 1 ~7 , i~) 1 Ie ~:5 () :f~:~L n 6 TIME CERTIFICATES OF DEPOSIT Klamath First FE:deral :t C;() Ii ()()() n ()(i 1. . <) BANKERS ACCEPTANCE First In.ter-state ~afl~( () ;; C)() () II i) lJl,ite(j Stat~s Barl~~ J. ~ 1 .:.:.:.. ~.:.;, i::: :';;:~ f:/ 11~~;~t ::::. t..!. t:} t:. C:) t.. ~:.:\ ], 1 ~ 1 .:~:.:.. ~~.~; ~ (:':;:2 (:;) :z () ::~~ J. 1 u :.:! I l\!.f j-:;: {~ C I -r \/ I (-.-j \/ E t; -r !vj E 1"'~ ..~.. ~:::) bE' n f?I'.. ~:\ ]. --. ..' .' '_.1 t:) J. 1 <;t ~.::'f. t: ]. Cj rOo; i..z.j ;:~ !.-' r-' ...:..~ fhi 1'. <:::. . . -.., . _.... -. .... .. ... ...... .... l+ J. () , ()(){J II ()() :~~; 1 1. , 6 ~7 l~~ II () (i 4uO ::~~ n (::. General ()bl~igatiorl BOf1ds subtotcl_l 721,67'4.00 7.0 TOTAL CASH AND INVESTMENTS $ 10~ 256,874. ::.i9 100.00 ---.---------.---- ---------.- --------------- ---------- . C I r..{ UF A~:;i.R..{.~r..n) CASH AND INVESTMENTS BY FUND ~3[~:f~-~"E~MB~~~:I~ 3()q 199C) GenE.:'r" al . Fur-.,d _.. ,.. ,_n _ . j.... C) J. ]. c: ~'2 ~j t::'~ r" 1 - c\ .L j..n. . ,... _.! roO C.!.I j Li j i:................,:.. f:~iF.e E~I-r Sel:-ial L.~VY ~::ul-ld Cemeter..y F.u.nd Bar-.ld Fund Emergency 911 Fund St.t".E.~et F!...l.nd Water Quality Fund Sewer" Fund Ai t-POI'-t Fund El ectr- i c Fund Capital Improvements Fund AssessmE:nt Construction Fund Hospital Construction Fund Bancroft Bonding Redemption Fund GeneralObliqation Bond Fund GE:neral Debt Service Fund Advanced Refunding Bond Fu.nd Hospital Bond Fund Central SE:rvices Fund Insurance Services ~und E:qui pmer.,t Fund Lemetery irust Fund SLtt. t eft:..:::~ 1 Hospital Parks and Recreation TOTAL CASH AND INVESTMENTS {..1j....1DLJ!\j.r ~~: l .~-;., ~{ :.=.:; ';.=: (; It ../. \) '... .. . -'... .. ./ :j .::.+ .L (~:~ t: {:J ..... () r: ()(i ..: .. ..... .'Z .l.1 {:JO, c:>.':;..i+ 1t'J. .l 1 :2~ , 4Ej() It t~~~:: 2(i If t:551 J: 72 1 i 2 , ::'~t)l:- tI :::t~f i+(:.,3 ~ ::i~)2" (=)~j 484, {}82~ 12 11 , 85::::;" 27 85~?.. 3:l8n'6(:r' 1 , 646, :=529. :::;; 1 47, ./~':;;4. 47 -.::. ... .-::. -';'-:Z'., .-;..... ._)C)...'::, / ,_:S.'::'" .I (":) 188,1.04..48 2444 Ii C)i+~5 n ~71" 1 II t1:: ::.; u 3 (:1 (110,758.61) :::::, 'i1 ':7 i:) II ~?::::; 2 J::)~? II 4. ~:~: 8 II ~; 6 . ..- .-... . _... ..... .-. ..- 1 , ~:: '-l CJ; (J,.~:I f.j" t.{ ".:./ 1 , i ::~;~~ ~ f3S) 1 z: '/':~~ ~:.:.; C? ..q. ~ :.:.:.~! E~ '~.:7 u () J ~? , (:;} '7' ~;T , ~':': \~J .:.:.:: c 1 fJ 2,0.48, 6i;).4,. 16 2~~:(=j, .94::5. 25 $ 10,256,874.59 PEr;.:CEhl.r '4..1:; ..!. t.) u .i. () n () (ill 6 0.. 1 0..2 :I. .. 1 if" 6 i~.. j" (;.. 1 B.4 16. 1 0" ~i -:S' C::' .-=c u '_' 1.8 2..4 0,,0 (1.1) 0,,0 2.0 1 :~':': :: tJ 11 . 1 :::.) u t::t ./ ,/ ,. (:;5 ~:::O" u rj '7' Lit ...:' _._____4_______..__.____ -...---~~--- ----~-------------_.- -----.----- 100,,0 ~emorandum November 1, 1990 <(H 0: Mayor & City Council Jff rom: Planning commission Jiubjttt: Vacation of a Portion of Hillview Drive The Planning commission at its meeting on October 9, 1990 considered the application for the vacation of a portion of Hillview Drive, South of Crestview Drive. It was the unanimous opinion of the Planning Commission-that the vacation be approved, subject to reserving a 20-foot easement for future public utilities and pedestrian access purposes. ~emnrandum october 11, 1990 ~o: Brian Almquist, City Administrator JIf rom: Steven -Hall, Public Works Director ~ubjed: Public Hearing vacation of-Hillview Drive ACTION REQUESTED City Council conduct public hearing on-vacation of. Hillview Drive located South of Crestview Drive adjacent to Lot 5, Block 3 of the Norwood Subdivision. City Council adopt ordinance including easements for utilities and pathways. Staff is including two ordinances for Council consideration. One includes a 20 foot wide public easement and the second does not include any public easements. BACKGROUND The City has received a petition and request from Mr. Jimmie L. Hald to vacate the portion of dedicated right-of-way for Hillview Drive 'adjacent to his property. City Council set a public hearing date for November 6, 1990 and the notices for the hearing have been made in accordance with the Oregon Revised Statutes Section 271. Upon review of the proposal, two requests were made by City staff. I requested that an easement be maintained for City utilities and John Fregonese requested a 20 foot wide easement be retained for future pathways. Copies of each request are included for ,your reference. Mr. Hald and Ms. Freeman sent a letter with objections to the staff proposal for a pedestrian easement. A copy is attached. Vacation of Hillview Drive October 12,_ 1990 Page Two The land was dedicated to the City as a public right-of-way at no cost as a part of the subdivision. Councilor Arnold has requested approximate values of the land for City Council's reference. The assessed value of land based on County Assessor values for the Hald lot is about $2.75 per square foot. The area of the requested vacation is approximately 3000 square feet which would equate to a value of $8,250. cc: Mr. Jimmie L. Hald, Applicant Jim Olson, Assistant City Engineer John Fregonese, Planning Director encl: Ordinance with easement Ordinance without easement Olson memo Map Petition Summary Petitions (2) Hald/Freeman letter Fregonese memo Hall comments ORDINANCE NO. AN ORDINANCE VACATINGHILLVIEW STREET FROM CRESTVIEW DRIVE ADJACENT TO 1800 CRESTVIEW DRIVE AND RESERVING AN EASEMENT IN FAVOR OF THE CITY OF ASHLAND. WHEREAS, Notice of the Public Hearing on the proposed vacation of Hillview Street has been given in accord with the provisions of Chapter 271 of the Oregon Revised Statutes. NOW, THEREFORE, THE PE~PLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. It is determined that the public interest will be best served by the vacation of the portion of Hillview street located in the City of Ashland, Jackson County, Oregon, more particularly described as follows: A 23.5 foot wide portion of Hillview Drive adjacent and contiguous to the westerly boundary of lot 5; block 3 _of the Norwood SUbdivision, city of Ashland, Jackson County, Oregon, lying south of Crestview Drive and terminating at the southerly boundary of. said Norwood Subdivision. The City of_Ashland reserves- an easement 20 feet wide adjacent to and contiguous to the easterly boundary of the vacated portion of Hillview Street for future installation of utilities and/or a pedestrian facility. Said easement is to be perpetual in nature. SECTION 2. For the foregoing reasons the street located on the land described above is hereby vacated. The foregoing ordinance was first read on the 16th day of October, 1990 and duly PASSED and ADOPTED this 6th day of November, 1990. SIGNED and APPROVED this day of November, 1990. Catherine M. Golden, Mayor Nan E. Franklin, City Recorder ORDINANCE NO. AN ORDINANCE VACATING HILLVIEW STREET FROM CRESTVIEW DRIVE ADJACENT TO 1800 CRESTVIEW DRIVE. WHEREAS, Notice of the Public Hearing on the proposed-vacation of Hillview street has been given in accord with the provisions of Chapter 271 of the Oregon Revised statutes, NOW, THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. It. is determined that the public interest will- be best served by the vacation of the portion of Hillview Street located in the City of Ashland, Jackson County, Oregon, more particularly described as follows: A 23.5 foot wide portion of Hillview Drive adjacent and contiguous -to the westerly boundary of lot 5, block 3 of the Norwood SUbdivision, City of Ashland, Jackson County, Oregon, lying south of Crestview Drive and terminating at the southerly boundary of said Norwood Subdivision. SECTION 2. For the foregoing reasons the street located on the land described apove is hereby vacated. The foregoing ordinance was first read on the 16th day of October, 1990 and duly PASSED and ADOPTED this 6th day of November, 1990. SIGNED and APPROVED this day of November, 1990. Catherine M. Golden, Mayor Nan E. Franklin, City Recorder ~emnrandum October 1, 1990 ~n: Steve Hall, John Fregonese, John McLaughlin ~ro~: Jim Olson, Asst. City Engineer ~ubjed: Vacation of Hillview Drive It has been suggested that a 15.00 wide easement for public utilities and for pedestrian access be reserved along the westerly 15.00 of the section o~ Hillview Drive to be vacated. The description used for the vacation ordinance should be as follows: A 23.5 foot wide portion of Hillview Drive adjacent and contiguous to the westerly boundary of lot 5, block 3 of the Norwood Subdivision, City of Ashland, Jackson County, Oregon, lying south of Crestview Drive and terminating at the southerly boundary of said Norwood Subdivision. Reserving therefrom an easement for pedestrian access and for the installation and maintenance of public utilities over the westerly 15.00 feet of the hereinabove described tract. Mr. Jimmie Hald, the originator of the vacation petition, is very opposed to the creation of this easement, and will surely voice his opposition at the November 6th public hearing. No other comments have been received concerning the proposed vacation. cc: John Fregonese John McLaughlin )I" \JQ o t ~ I ~ Q --- --- ~ , ,.. .... - - - " / ~'l '~_~ ...::::::- .) LZ: ---- ~ --- ---- AREA OF PROPOSED VACATION SCALE 1" = 100. PETITION FOR VACATION OF A PORTION OF HILLVIEW DRIVE Portion Within Map No. Tax Lot # Petition Signature Affected Area 5D 1400 no 0.29 AC " 1417 yes 1.43 AC " 1414 yes 0.24 AC " 1413 yes 0.27 AC 1411 yes 0.24 AC " 1412 yes 0.27 AC 1407 yes 0.21 AC 1408 no 0.18 AC " 1405 no 0.18 AC " 1406 _ no 0.21 AC " 1402 no 0.15 AC " 1401 no 0.19 AC 15 DD 600 no 0.13 AC 502 yes 1.33 AC 15 DA 4500 no 0.028 AC 15 DA 4700 no 0033 AC ' " 4600 yes 0.46 AC it 3901 yes 0.27 AC if 3902 yes . 0.19 AC " 3904 yes 0.21 AC " 4000 yes 0.17 AC " 4800 yes 0.22 AC " 6300 no 0.14 AC " 4900 no 0.22 AC " 6200 yes 0.14 AC " 5000 no 0.070 AC 6100 no 0.045 AC TOTAL 5.65 AC. 7.813 AC . .. Date filed: PETITION We the undersigned property owners-residing on or near J ~ 0 0 (. t-c..sf-v u. uJ Of-; AUG 2 8 199Q do hereby petition the City Council to initiate proceedings to v~cate the above mentioned public right-of-way, being further described as follows: A 23.5 foot wide portion of Hillview Drive adjacent and contiguous to the westerly boundary of lot 5, block 3 of the Norwood Subdivision, City of Ashland, Jackson County, Oregon, lying south of crestview Drive and terminating at the southerly boundary of said Norwood Subdivision. We do furthe_r warrant that the signatures below repres.ent 100% I {Of the properties abutting the proposed vacation, and at least 66 2/3% of ( the affected area which lies within 200 feet on either side and 400 feet from the ends of the public right-of-way proposed for vacation. 1. 2. 3. 4. 5. 6. 7. 8. 9. .0. State of Oregon I, .\'')..,m7~ Huld ,being one of the principal pro- TAX LOT NO. /4 / 7 6D?- :3Qo I '3~dl J/6(~ ..J-~ J~IJ'7 ~-/40'1 3~~1- ~f'o/ ~'"'() \ ponents of the proposed vacation do hereby subscribe and swear that the above owning property abutting or signatures were taken in my presence and a~e the signatures of the persons vacation. ; '- -'- ',-.' q (,' C:C.'t.1 I ,. 4:,.) ,.. -" I.v .,. . ~~~;:".,:~j;~:~~'i:~~~:J 0-Z7 - ~(} \ ~ - ,,'" Date filed: AUG 28 ~')O PETITION We the undersigned property owners residing on or near 1800 Crestview Drive do hereby petition the City Council to initiate proceedings to vacate the above mentioned public right-of-way, being further described as follows: A 23.5 foot wide portion of Hillview Drive adjacent and contiguous to the westerly boundary of lot 5, block 3 of the Norwood Subdivision, City of Ashland, Jackson County, Oregon, lying south of Crestview Drive and terminating at the southerly boundary of said Norwood Subdivision. We do further warrant that the signatures below-represent 100% of the properties abutting the proposed vacation, and at least 66 2/3% of the affected area which lies within 200 feet on either side and 400 feet from the ends of the public right-of-way proposed for vacation. NAf-1E 1. 2. 3. 4. 5. 6. 7. 8. 9. .0. ADDRESS II fe, 1.( J/ lL~ /i!fv , L!.;:::s- "f'.a~///.//"-! / / bA j;~~ !:;;;:;1:/~/C 1777 ~~h) &A--' ~~i6~Z;f:;()o TAX LOT NO. L( 8 6-rJ 71I'J a ,/) ~ (f..fTr) /~/G ~/<//I /' n 14/?\ /" t/ /~ County of Jackson) ) State of Oregon ) I, -.J ,-n-, W1'It' ;../ u / J ,being ~ne of the principal pro- ponents of the proposed vacation do hereby subscribe and swear that the above signatures were taken in my presence and are the signatures of the persons owning proper~y abutting or within the .~/kJ~ Notary P Hy Conuni expires q--zz- ~ 1800 Crestview Drive Ashland, Oregon 97520 October 9, 1990 City Administrator 20 East Main Ashland, Oregon 97520 fCt. '. p~/ J..J-1Lr-. ~ fJ(}(j. ~,(770 Dear Mr. Almquist,_ We are asking for the vacation of 26.60 feet of property between 1780 and 1800 Crestview Drive. After going through the proper channels and paperwork, we find that the city is considering giving us only 11 feet and keeping the rest for a possible public path connecting Crestview Drive with the TID or Ditch path behind and above us. We are vehemently opposed to the idea. To make a public path between two properties in a residential area seriously diminishes the value ~nd beauty of the property. There are several reasons why a public path in this location isn't a practical idea. In the first place, there is a vertical bank approxiamately 6 feet high directly off the street, which would require stairs or grading. - The property itself is very steep. Making the path safe and attractive would be expensive for the city. Neighborhood access is provided by Park Street, two blocks over, which is maintained by the city during the winter. Our hill gets little or rtowinter sun, so the path would be virtually useless, even dangerous, in the winter. We are backed already by a path widely used by the public. To have another public path running along the side of our property (right outside our front door) seems asking too much of any homeowner. We landscaped our property as well as the requested footage, having understood at the time we purchased our property that the latter would never be used by the city because it is so steep. The landscaping is interwoven; putting in the path would mean moving trees and our irrigation system and require us to re-Iandscape for the sake of our privacy. The landscaping is beautiful and will be much more so as the trees grow~ so that a path would definit~ly mar the scenic beauty. Motorists currently using Hillview on the way up to Crestview have a lovely view ahead of them. The City Council considers the issue on November 6. Before any decision to keep the property for a possible public path, we think an onsite visit should be made. We think our objections will be obvious. Again, we feel very strongly about the imposition of two public pathways on the borders of our property. I We havent really minded the path above us, although it is heavily used and voices carry. We are absolutely opposed, however, to having to deal with people walking right outside our front door as well. Thank you very much for your attention to this matter. Sin~e;;:; ';j. ~~ ~?,;r;1;1Ub~ ~?l1.1y L. Freeman Uimmie L. Hald (503-482-1779) cc: John Fregonese, Planning Dept. Jim Olson, Engineering Dept. <(fio: J1f rom: ~uhjtd: ~emnrandum september 21, 1990 James Olson .----...... . John Fregonese Ql!) Proposed vacation of Hillview I believe that there is still some public interest in the Hillview right of way. The right of way may be useful in the future as pedestrian access to a trail on or parallel to-the T.l.D. ditch. Currently, this is heavily used by neighbors as a recreational trail, and this section of the T.I.D. is included in the City's Open Space Plan as a trail. It would provide access to the open space areas to the south as well, such as the Superior Lumber property and the Todd Ordsen woods. While it is fairly steep, a stairway access may be desireable. I would recommend that we retain a pedestrian easement of at least 20 feet in width so as to facilitate construction of a stairway~ if deemed desireable in the future. I am enclosing the adppted plan map showing the proposed trail on or near the T.I.D. ditch. 2BR t m n r a n,d u m September 11990 . --~ :2J '-7 J \ \"v'\. U . ~o: Brian Almquist, Steve Hall, Dennis Barnts, Jerry Glossop, John Fregonese, John McLaughlin, Al Williams, Lee Roy King, Vic Lively Jlfrom: James H. Olson, Asst. City'\-tfz) & h+ f Proposed Vacation of an ~nopened Section of Hillview Drive ~u Jet: A petition has recently been presented by Mr. Jimmie Hald, 1800 crestview Drive for the vacation of an unopened section of Hillview Drive lying south of Crestview Drive. The street was dedicated as a half width street on the plat of the Norwood Subdivision in 1961. Kensington Subdivision, dedicated in 1965 and located adjacent and westerly of the Norwood Subdivision did not provide any additional right of way for that section of Hillview Drive and, in fact, set that area apart as a private drive which was later acquired by Leslie and Peggy George. The street right of way is extremely steep (25%+) and would require a very deep cut at Crestview Drive for use as a street. The right of way is less than 200 feet long and terminates at the T.I.D. irrigation canal. Can you foresee any reason why the City might oppose this proposed vacation? Will it be necessary to retain any easements for utilities, etc., if the right of way were to be vacated? PETITION SUMMARY A petition was received on August 28, 1990, containing 21 signatures and representing 14 lots, requesting vacation of a portion of Hillview Drive. As required by ORS Section 271.080, 100% of those abutting the right of way to vacate have signed the petition. The "affected area", defined as that area being 200 feet from each side line and 400 feet beyond each end of the proposed vacation, contains 7.813 acres. The area represented on the petition totals 5.65 acres or 72.3% of the total which is well over the 2/3 majority required by state statutes. All petition requirements have been met including the filing of a $250.00 filing fee. o L~.h) A&;~~ 01\C--4 ~\::;E::'<"'<\.s ~ be- -O\J~l~ u-{~..'3AN G ~\..\J't1'+- lSC\jN-~~ ~ "'t , (') $~,-~ Q~\-N ~"I8).:L '-.l\'.....'\'~ :-P(,<:~\'3\..G A- ~<':'-J\'<\V'\'G N 0 F TJ::"::::> ~ ,\C-ti 8',\ C q''t, \ N ~. AJf'-;'~ ~ ' --. .~ \ ~- (:r-;--;/,_"" '\ . c~ \:~ <~.:> . Lt. N\2S IN ~.'t '-' . , ~'kJ,) ~ ~. .---/ lk'.....\..i~ ~J ' N\ -- u.jWv~ '~)~i \~~'\.,;") N'.~ \.\)\..;-~ F\ ~ Qt: ,\.r(Y\~~"'\J..)~t'-'Ut'\.J . /J J-~.J October 31, 1990 MEMORANDUM 'TO: Mayor and Members of the City Council FROM: Ronald L. Salter, City Attorney SUBJECT: Thoughts on LUBA Remands & the Scope of the Mahar Hearing Ladies and Gentlemen: The number of remands from LUBA indicates that it may be appropriate to discuss the theoretical aspect of planning and the LUBA process. \ ,- The process starts wi th the Law. A part_icular land ili:;)e \ - action will require compliance wi th certain provisions of the zoning ordinance and perhaps provisions of the -Comprehensive Plan and other documents as well. These laws indicate the type of evidence that must be established in a hearing before the Planning Commission, and on appeal before the Council. The hearing's body then is to apply the facts to. the law and then "find" certain conclusions which will in turn indicate the decisions to be rendered. The applicant and his planners and/or attorneys are responsible for determining the laws to be satisfied and thus, the evidence to be brought forth. The staff is not in an advocate's position and should merely be advisory to the hearing's body with respect to facts known to it and relevant provisions of law. The staff should not take sides to ei ther support or oppose the land use action. At the end of the process, if the application is approved, generally, the findings prepared by the applicant are presented to the hearing's body and they mayor may not be modified. If the problem was merely with the findings, then when the cases were remanded from LUBA, the findings could be re-written based upon the evidence at the original hearing. However, I do not recall any case where that has been done with-a LUBA remand. Mayor and City Council October 31, 1990 Page 2 All of the cases have gone to further public hearings to obtain the necessary evidence so that the appropriate findings can be written. All of this indicates that the applicants have not determined the appropriate law and thus, had not put in the necessary evidence to support the necessary findings. Why haven't the applicants done this? It is submitted that LUBA's requirements are not at all readily available. The rules that LUBA goes by_and have been created by it's opinions cannot easily be found. LUBA's opinions have not been published for the last few years and so if you want a particular opinion, you need to call LUBA and ask for them to send you a copy.- However, that does not solve the problem of how to know what opinion to seek. Legal research starts with a legal encyclopedia, a legal digest, a legal treatise or some other general reference work which is based upon the published opinions of the Courts or LUBA and that work then leads the reader to the appropriate LUBA opinion. There is only one work for LUBA' s opinion which is the work published by John DuBay. It is- a fine work, however, there are two problems. The audience for such a work is so small that this small book was priced at $225.00 a volume. That price made the buying public even smaller in scope and that resulted in it being uneconomical for it to be kept up to date. It is not kept up to date and thus, about the only ones who really know the breadth of LUBA opinions at this point, are the LUBA referees. Thus, when a case goes to LUBA, LUBA frequently decides a case on rules not argued by ei ther side. It knows it's rules, applies them arid then remands the case to the city. Then, the requirements are known, a new public hearing held and that results in the required findings being made and the decision of the Council upheld. Mayor and City Council October 31, 1990 Page 3 An illustration of this is the recent land use action with respect to Shakespeare wherein the findings were some fifty pages in length. They were prepared by and under the supervision of two attorneys and one private land use planner, to say nothing of the comments of the Ci ty I Planning Staff as well. The findings were extremely comprehensive and were an obvious attempt to anticipate LUBA. We shall see whether they were' successful. That is, I believe, an illustration of the fact that this problem cannot be solved merely by someone trying a little harder. The practical conclusion appears to be that Planning with controversial matters is a two step process. The ,process must be gone through the first time in order to find out exactly what LUBA will require. However, for this two step process to work, it would be necessary for the Council to limi t the scope of hearings on remand to the issues which are the subject of the remand. If hearings on remand are opened to other issues, then this process may be virtually never ending. Accordingly, it is recommended that the scope of remand be limited by ordinance. Respectfully submitted, ~~ ~~,-,. f~; " --... ,;/~ l~ ' . RONALD L. SALTER City Attorney RLs/as cc: Brian Almquist John Fregonese XII 0: Jtf rom: ~.ubjett: ~tmnrandum October 25, 1990 Mayor and Council ~ Planning Director ~ Schools and the Public Facilities Question As you have asked to receive written comments regarding the scope of the Mahar hearing, I felt that I could write to yo~ as well, and address a critical issue that I feel is certain to arise. I have had several conversations with John' Dagget, superintendent of Ashland Schools. He has informed me that he expects the Ashland School Board to inform the council that the school system is over capacity, that is, they cannot accommodate adequately the existing student population. This will obviously be raised in the Hersey street project, and I expect that you will be told by the School District that they cannot accommodate the additional children that are expected to live in the apartments. This raises some interesting questions. First, you should read the section of schools in Chapter XI of the Comprehensive plan. Interestingly, this was predicted in the plan many years ago. I am attaching some graphs and tables that chart the city's population and the School district's enrollment. The city's policies on this are contained in this section, and may be used to guide your decision. You will probably be asked to deny this project due to inadequate capacity in the school system. This denial would be due to an inadequate capacity of a city wide facility. Furthermore, the correction of the problem is out of the Council's hands. At this year's Planning Institute in Eugene, the issue of school capacity was discussed by the professionals in the field, including LUBA referees. While there was no unanimous consensus on the issue, it seems that many, including at least one LUBA referee, feel that denial of a planning action for housing with a finding of inadequate capacity of a Tn increased by about 1,000 units in 10 years, and by about 1,200 to 1,500 persons in that time (the jury is still out on our official Census count). The rate of growth in the 1980's has been the slowest since the Great Depression. This amounts to 100 units per year on average, 65 single family homes and 35 apartment units" and about 150 people. This is well below our Comp Plan projections and somewhat below our new projections. While 1988 and 1989 were hectic times, 1990 is turning out to be much slower. We are currently operating at about the level of 1987 or 1986 for housing starts. Growth is like this in small Oregon towns, it goes in spurts. We really are in pretty good shape to handle this rate of grow~h. While I don't want to discount the challenges that lie ahead, our capital planning is advanced, and while we have some problems to solve, there appears to be time to deal with them~ and we are well on the way of addressing them, especially at the rate of growth of 1% to 2% increase per year. We would be hard pressed to make a case that Ashland is in a critical state of rampant growth. While a moratorium may have some initial appeal, I have had some experiences with them, as I was Planne~ for Woodburn while it was under a moratorium from 1977 to 1979. This experience left me with a great distaste for this type of regulation. While the popular perception was that it was keeping the big bad developers out of town, a lot of personal dreams of ordinary people were shattered. I found it very distressing to be caught between the public popularity of the moratorium, and the very human toll in unrealized dreams and financial disaster this caused to many people. While some of them were developers or builders, many were ordinary people. In a word, it was hell once the initial newness wore off. While I believe that moratoriums have a place, they are emergency tools that should be of a limited duration, and for a very specific purpose. I view them as part of a therapy for problems, but the side effects of the medicine are severe. When that is true, one must carefully weigh the benefits with the very substantial risks and costs. This is clearly the intent of oregon's law, and one that is the most humane approach in the long run. The longer they remain in place, the greater the potential for damage to the city and its citizens. Percentage of 1970 population .... .... .... .... .... Q) CD 0 .... N c.u ~ 0 0 0 0 0 0 0 N N N N N N N ....z 0 \ ....z I N "- ....z '\ ~ \ ....z / m I t-"(j en ....z / ., CD Ooon / en 0 ..... ~ p- e+- CD / e+-o'< 0 ~ot-"(j en ....... 0 \ tj~ o .....~ CD , ~~....... l\1 e+-q~ .-< \ p- t-'. t-'. enOo (II e+-~ ~ CD ~ , ~ElQ \ -..10~ o~ 0 CD \ t-"(jp-~ m o p- , ~P'g ~Ul CD \ ....... CD ~P'p. " .... . 0 CD , ~ 0 CD l\1 CD ~ CD m I I tG ~ 0 po ~ 0 eo "'d 0 r '0 ~ 0 E: Ii 0 GI t;j ~ "'d GI "'d >1 0 GI GI >1 ~ 0 CD ~ Population .- .- .- .- .- .- .- .- .- .- .- N N ~ ~ ~ ~ 01 01 a:l a:l -..2 0 01 0 01 0 01 0 01 0 01 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -..2 0 -..2 ~ -..2 N -..2 a:l n ...... c+ '< ~ 0 ~ -..2 ~ CXJ t-' PJ c+ ...... 0 ~ .-< c;'l CD CXJ ~ ~ 0 0 ~ t:T ..... CO ~ CXJ 0 N c+ 0 ..... CO CO 0 CXJ ~ CXJ CXJ CXJ a:l CD o ,- -, ~ N ~ .p.. ~ (J) ~ Q:) Q:) o Q:) N .-< CD ~ Q:) .p.. Q:) CJ) Q:) Q:) co o co N C,:)C,:) ~ CO o 0 o 0 co .p.. co (J) student.s N N N N N N N U1 U1 U1 U1 0) --l -J OJ OJ co co 0 0 .- .- .-en 0 en 0 en 0 en 0 en 0 en NO 0 0 0 0 0 0 0 0 0 0 0 0 0 .- ;4(. N en 0 0 .- eA 0 0 0 .- eA en U1 0 0 0 p- O .- 0 .p.. '" - 0 0 0(Xj 0 ....p .- * '" nci 'lj .p.. ..... - '" '" ("1-_ 0 en '<13 t'd 0 '" ~ 0 * t-tj<D - oP pt * c..- .- t'(J("I- - en t::s>> 0 0 ;4(. p 0 j;en 0 ;4(. ::r.s>> ;4(. 0 .- * pt:z::t en s:: en 0 ;4(. P 0 0 ("I- ..... .- * * 0 (J) P 0 ;4(. 0 0 .- * (J) en 0 0 ;4(. .- --l 0 0 0 '" "1 "1 N .- n --l U en 0 0 0 0 0 ..... c,u co I '" CJl UI MO if ~;:: '" o~ .. i:r ~ .'0 ~ Pt:. ~p 0- s:: ., 0 e;, P p ~ ;:- UI 0 p- o ~ B. KENT BLACKHURST ERVIN B. HOGAN GREGORY T. HORNECKER JOHN R. HASSEN DANIEL C. THORNDIKE BLACKHURST, HORNECKER, HASSEN & THORNDIKE & ERVIN B. HOGAN ATTORNEYS AT LAW p, 0, BOX 670 SUITE 1 - 129 N, OAKDALE MEDFORD, OREGON 97501 AREA CODE 503 TELEPHONE 779-8550 FAX (503) 773-2635 October 29, 1990 Mr. Brian Almquist Ashland City Administrator Ashland City Hall 20 East Main Ashland, OR 97520 RE: Mahar Application - Remand Hearing Dear Brian: It is my understanding that we have been requested to submit our position concerning the scope of the Remand Hearing by November 1, 1990. Enclosed please find a Memorandum on behalf of Mike Mahar. . It is my further understanding that this matter will corne before the Counsel on November 6, 1990. I would appreciate receiving a copy of the agenda report for this item. Mike Mahar and I intend to attend the City Counsel Meeting. Very truly yours, "-~~ J~R. HASSEN JRH:hlh enclosure cc: Mr. Ron Salter Mr. John Fregonese Mr. John MacLaughlin Mr. Mark Murphy MEMORANDUM TO: FROM: DATE: Mayor Cathy Golden and Council Members John R. Hassen, Attorney for Mike Mahar October 25, 1990 RE: HAHAR C. U. P. P-.PPLICATION - Scope of Hearings on Remand I. REMAND. GENERAL OBSERVATIONS ON THE SCOPE OF THE HEARING ON It is impor~ant to recognize this is not a new or even modified, application corning before the Council. Rather, it is exactly the same application originally filed by Mr. Mahar on April 7, 1989. This application has since traveled to the Land Use Board of Appeals ("LUBA") and to the Court of Appeals, which upheld LUBA's decision. LUBA' sdecisibn was to remand the Council's decision, based upon certain specific issues raised by the petitioner, Mr. Mark Murphey. LUBA did not reverse the Council's decision, nor did it remand it on unlimited grounds. The Council, Planning Commission, Mr. Mahar, Mr. Murphey, City Staff and others, have all spent a' considerable amount of time dealing with this application. Neither LUBA's decision, nor Oregon's land use laws, require the Council to "reinvent the wheel" and re-address issues which either were not raised on appeal to, or which were affirmed by, LUBA. See, e.g., Jefferson Landfill Corom. v. Marion County. 14 Or LUBA 156, 157-158 (1985) (where LUBA rejected the argument that the entire hearing should be reopened because over 3 1/2 years had elapsed, Board personnel had changed, and the County's "attitude toward garbage burning, had changed"). In fact, it would be an error for the Council to re-open the hearing to consider issues other than which were remanded by LUBA. As LUBA stated in another case, when a case is remanded on limited grounds, the City does not rehear the entire matter "such that even those matters upon which are ruled in the City's favor would be open to another appeal." See Faye Wright Neighborhood Planning Council v. The City of Salem, "Order on Motion to Clarify", I Or LUBA 3l8, 359 (1980). Likewise, once the City makes its decision, any party appealing the decision to LUBA must, at the least, state "!tlhe issues the petitioner seeks to have reviewed." ORS 197.830(ll) (c). If not raised on appeal, these unchallenged issues remain as part of the City's decision. Readdressing these issues would be neither necessary, nor appropriate. II. ISSUES RELATING TO TRP.FFIC, WATER, SEWER AND SCHOOLS SHOULD NOT BE ADDRESSED ON REMAND. It has been suggested that the Council should reopen the hearing to consider not only the issues remanded by LUBA, but also those relating to traffic, water, sewer and schools. This would violate the general rules outlined above. Regarding water, sevler and schools, the Council made specific findings of sufficient capacity, which findings were supported by uncontradicted facts. These were not issues raised by Mr. Murphey in his appeal to LUBA. They have been decided, and there is no basis for reconsidering these issues now. Issues relating to traffic were raised by Mr. Murphey in his appeal. However, LUBA expressly found "! tlhe city responded to petitioner's evidence of impact relating to traffic" and affirmed these issues in favor of the city. Consequently, this issue has likewise be~n decided and should not be reconsidered on remand. III. ISSUES ON REMAND. Obviously, Mr. Mahar believes the City's initial decision was correct. Nevertheless, LUBA's decision, which was upheld without opinion by the Court of Appeals, sustained two of Mr. Murphey's challenges. In doing so, .LUBA remanded the case back to the City for consideration of specific matters, as set forth below. A. Mr. Murphey's 3rd and 7th Assignments of Error - Subassignment of Error B: "Evidentiary Support for Findings of Compliance with Plan Policy XII-I. In o~der to rely upon its study of available E-l lands (to support its finding that 50 acres of such lands would remain), the City was directed, upon remand, to "explain why the study is reliable in light of the photographs and other evidence cited by petitioner which strongly suggest that the study relied upon is inaccurate." See Murphey v. City of Ashland, Or LUBA (LUBA No. 89-123, May 16, 1990), Slip Ope at 26. Alternatively, or in addition to the foregoing, LUBA indicated the City could "choose to adopt a different interpretation reflected in the city's findings." Id. at n. 18. Under either interpretation, LUBA further noted the need for substantial evidence in support of the findings adopted. B. Mr. Murphey's 3rd and 7th Assignments of Error - Subassignment of Error C: "Compliance with Lua 18.104.040." To determine compliance with ALUO l8.l04.040(B) on remand, LUBA held: "The city must identify the qualities constituting the livability and appropriate development of the abutting properties and the surrounding neighborhood, and must determine whether the proposed use will have more than a minimal impact on those identified qualities." Id. at p. 28. In addition, the city must respond to the following issues raised regarding "livability and appropriate development of abutting properties and the surrounding neighborhood": " * * * impact on views, privacy, inhibition of appropriate development of E-I uses on the balance of the subject E-l parcel, and adverse impact to neighboring cottage industries." Id. at p. 29 n. 21. IV. CONCLUSION. Legally and logically, an applicant should not be required to, reprove his or her case on issues which have been decided and affirmed. Nor should the City Council have to endure such a never-ending process. It is good law, and even better policy, to strictly adhere to the terms of LUBA'sremand. DCT:lh City of Ashland Ashland City Council City Administrator's Office 20 East Main Street Ashland~ OR 97520 Ref: Written Public Comments~ Planning Action 89-170 Dear Council Members: This letter is in response to your letter dated Oct. 19 of 1990 to Taxlot 391E04DD~ Sarah F Slagle~ at 482 Lynn Street. Our pos; t i on has not changed since the first pub 1 i c hear; ng by the City Planning Commission in January of 1990. At that time we registered our objection to the CUP for construction of a 90+ unit apartment complex on E-l land south of Hersey street and East of Williamson way by Mike Mahar~ et ale We have found no reason to change our position since then. On point one~ regarding the E-l vacant land inventory~ I believe it is the responsibility of the planning commission to provi de convi nci ng evi dence to LUBA that there is an ade-quate supp 1 Y. We were never consul ted on zoni ng of ,the area south of Hersey in the first place. As the area was developed~ we found no reason to object to it's use until now. The new neighbors we have on this land have not caused us any problems or inconvenience. It is our belief that the Jobs and income produced bY these neighbors are of far greater benefit to the city of Ashland than another 100 renters. It also seems to be the overwhelmingly more expensive choice for the City than indus-trial use. City services to this many new people cannot avoid costing more than an equivalent area of industrial development. Your poi nttwo seems to be your b 1 i nd spot. This is our area of most concern and I have the feeling that yOU regard it as tri v i a 1 . The test i mony of more than 100 res i dents of Ash 1 and in rebuttal to the claims of Mahar's architect and attorney was seem; ngl y ignored at the pub 1 i c heari ngs. I be 1 i eve that th is testimony~ studied a little more 'carefullY~ would provide more than enough evidence that this development will have more thana minimal impact on the neighborhood. If a77 the attendee's at the publ ic hearings had been allowed to make thei r comments part of the public record I'm sure YOU wouldn't have any trouble figuring out where public opinion lies. You may not take our objection very seriouslY, but I sure have trouble understanding how YOU can ignore the input of lOa's of your own citizens. I find this process un-democratic in the extreme. I am also aware of letters wri tten to the Mayor and vari ous couci 1 members whi ch addressed specific issues concerning this action, (were these entered into the public record 7). FinallY~ I have trouble with the credibility of claims made bY Mr. Mahar and planning commission officers. We were told at one meeting with Mr Mahar bY himself that we would have to bear no cost at all for street improvements (an incredible claim in itse1f)~ This claim was later withdrawn at a subsequent open city council meeting. We have been told that access to these apartments woul d be from Lynn street south of Hersey ~ then thi s was changed to another 1 ocat i on ~ and now ~ who' knows where! We have been told that traffic studies show that there would be almost no additional traffice on our section of HerseYI but already the new paving has increased the traffic without any new housing facing us. How can I believe a city engineering staff which allowed a developer to open UP a large piece of ground and fail to provide protection from landslides for residents below the deve 1 opment? (It happened just a few years ago. above the park!) WhY can I t YOU gUYS just tell us the truth ???? We don I t want muchl just a good reason for us to change our minds. You haven't even come close yet! Maybe 'YOU ought to look at the possibility that your plan is wrong. ~idents a~8h Lynn street; ~ I:~()-- /~~~ ~ arah F. Slagc~~ ~a~ October 30, 1990 Mark Murphey 492 Lynn Street Ashland, Oregon 97520 To the Ashland City Council: In regards to Planning Action 89-071 (The Mahar Project), ~ would like to make a request of the Council to broaden the scope of review. There has been a great deal of new information, publicity, and statistics which was not available to the Council at the time of the previous decision on Planning Action 89-071. Because of this, I believe the Council should certainly accept testimony on public schools, traffic, recreational facilities, electrical power, and wetlands. I would, therefore, like to request that the Council open the scope of revi~w to the above items, especially in light of the fact that those items mentioned all effect livability of the surrounding neighborhood. There is a second request I would like to make of the Council. Due to the controversial nature and complexity of the Mahar Project (P.A. 89-071) I would like to request that the public hearing be held at a time when all of the Council members and the Mayor can be present. . My concern comes from the fact that historically many Council members have a difficult time attending meetings in December. I would like to ask that if the public hearing is in December that it be at a time when all Council members can be in attendance. When the project was originally brought before the Council the public hearing was put off until a time when all members could attend due to the request of one of the Council. In light of this fact, I don't think that this is an unreasonable request. Thank you for your consideration of my concerns. Sincerely yours, /lId I!~ Mark Murphey 11-1- 7{) 5IAfI/e~flf k k -Ikr I krl1e~ i'iIl eQ:. y It '{" .. Pflllr (dtJ.1 C,' I J r rece ('U<.cf tt Ie ffer ~rVl J~ IlIA. f!tts5eil ~h.;c.1t 1 I:e/;eue yoU /1PJe ~IS() ~a.vd. ):,11. d-Yd1J~ ,6 h;s lelfer.L ~d.dd /..14 M /1la k'e 51?.,fF7:l ( GY11;?1eI/!f$', tif,.. a.S5e~ t-otJi<J&.P kflvl tJU k/..~Itt l4f1.f Some kw ;J. cuouL/ k ;)-I{~l'r;t lie c"1y f.:> b/Ollt&'1 -rk S6oj't" cI-' reu.-e& ;1 Cu,e!:/ /PtPtf,"Hf ~.f4 twD CdJeS ~'c.h ~. itrsN, ,Plli,J-? t,<~ kM-v- /'e.oU4- ~-,/ #I etlLLH{;-/ /s Irc f//f> C /ud&/ ~m ko(ttl,~,? Mt S"C~ GI reu/.~f..U il,'{ so c..kse<;.. -r/zl pew In /J." n((;L f,..t,K td-t~'cA ;'gl ome {or1AJ4vJ &VI ~ ckotJ/ ~ etn&P ~~c /UtJt"tV hltv( 0- S' '/ n<:l!cavtf ;J;#f~d "1'1 et //o"h~. fi,j /f6ju+ ..I ; f we,e 10 k hrrJ'jn7 frtad .;0 J~. GoJ ptUlliU~ fl.)qu./tI ht4I4 ~ J4Jqt1dt ~S6Yl ~ Jfa eifUYl-H He!> HIJt.cJ.it w~'h~.. A,wx; T am fiSk;", }It!>{ 10 b~ ~ ~~~ rWL<(WI S?dA~ tJ-A~ October 29, 1990 T'o : Me m b e r s 0 f the Ash I and C i t Y Co u n c i I (7, ' /1, . 1/(// ,/' I I It, t/" I....-{ \ From: Barbara Ryberg 1?()-..2. -157;' f~i\Aklfv\.i:J i 6 J Re: Re-opening of Mahar Project for discussion In light of the LUBA finding regarding the Mahar apartment project I urge the Council to expand the discussion to include the impact that such a project might have on the Ashland School system. I do so because of the recent over-crowding in two schools. Walker has had to add two classrooms and Lincoln School is holding one fourth grade class in the College's educational lab. It is clear that the Ashland Schools cannot easily accommodate this year's growth. To expect them to accommodate more in the immediate future imperils their ability to deliver the best education possible for our children. ;)Jo A)ed/e.; S'r :tk/z(~1 OIC IO(~()/10 10 tk IJ~ ar, a-uAl D-P - (1s a p()JJMLt i t1 ~ QrnCfl~ ~ do ~~ 4-~ fML rt<wJ ~ ~ Uf~' ~ ~ Of a ~~ h fY~ tt ~ .JL~~ ~ ~' eA1~ ~,~ 4 ch- ~ ~ c;udt- .,t~ OJ ~ ann/?1-LVl~1y , Cod du- CJ/l?~ ~ hJ ~ Ck.- ~ jJ~cI 6It- ~ Lt./ r.L duvt. ;f ~ he ~h ~tk ~-tld~d~ ~ en.- ~ ~. s~ .J~' ~.~~ ~Il. ~ 10/31/90 Ashland City Administrators Office In regards to issues LUBA remand~d back to the Ashland City Council on the Mahar Apartment complex on Hersey st. I would like to open the scope of public services;ie, SCHOOL CAPACITIES: or over enrollment capacities riow. We development that will (can) jeopardize in our schools~ TRAFFIC, POWER, WATER...... I would also like to include testimony on the drainage from wetland on the So. Pacific Railroad property. Question? Do these wetlands drain through Mahar's property? Could there be any toxic drainage because of dumping by So. Pacific???? the testimony to include Should our schools be at shouldn't approve a large the quality of equcation Compatibility with the surrounding neighborhood is also a very important issue, and I relize that this is one of the main issues LUBA wants more information on. The neighbors should be allowed to testify addressing their concerns on this. I also feel, even though this issue is probably dead...So it is merely my opinion.....That this development would have been denied by the planning commission if the commissioner who sold Mahar the property had abstained from casting her tie-breaking vote to approve this project, the project would have been denied on a tie vote. I would further like to suggest that the hearings be set in January 1991 to avoid the holidays when many of the council members and public take time off. This issue is a very important decision to be acted on and should include the whole council. Thank you for allowing me to address my concerns to you. ~~-. Marie Morehead 310 N. Mountain Ave. Ashland, Or. 97520 I-~ iASHLAND CITY COUN ClL CITY HALL ASHLAND. OR. Dear Council ~embers: I am writing this letter concerning the scope of the public hearing on fA 89-170, which is a request for a C.ll.F. for const~ction of 96 apartments on E-l land off of Hersey st. As you know, this has been remanded back to the city from LUBA for further review. The question before you is whether to restrict testimony to just the two items subject to remand or to allow additional testimony on other matters relevant to the project. The important thing to_note is the decision rendered by the city attorney on Oct. 5,1990. In this decision, Mr..Salt~r says ..... iithe Council wishes, I believe it is arguably permissible for it to broaden the scope of review to include other issues or the entire C.U.F. application. If it broadens the scope of review and makes a different finding based upon new and/or different evidence, I believe that would be permissible." So, according to our city attorney, and contrary to what John Hassen says, it is legally permiss'ible to open the scope of the hearing to include other testimony. It is also legally permissible to consider new evidence pertinent to this application and, if called for, make a new judgment after examining the facts. This brings me to my point: that there is new evidence that should be considered. This application was considered in Aug..1989, almost a year and a half ago. Since that time, significant developments have taken place regarding the adequacy of public facilities in Ashland. Capacity problems have arisen regarding our pUblic schools and the ability of our downtown area to handle traffic and congestion. Also, attention has been called to the fact that our existing power substations are fast approaching capacity and our need to build a new power substation in the middle of the city. The urgency with which the city packaged the Open Space proposal also alerted us to the fact that our park and recreational facilities are inadequate to handle the growth of the 'ci ty. Significant new evidence has been gathered concerning all these areas and should be considered for 2 important reasons: l) This is a very large apartment complex being proposed (the third largest in the city) and has a huge impact on our city as a whole. 2) This is not a permitted use on this piece of land and therefore should be subjected to close scrutiny by the Council. The argument that this evidence has already been considered just doesn't hold up when one looks at the facts- that there is significant new evidence (e.g. resolution by School Board 6/11/90) Let's not narrow our vision on a project of this magnitude and importance. If the Council is to make an error, let's err on the side of being "too thorough", rather than taking a short-sighted approach. It seems as if many land use decisions of the recent, past have returned to the city due to a lack of a thorough treatment. You have the oppor- tunity to take a thorough look at one of the most important issues to pass before you in recent history. It seems foolish to me that you would narrow your vision at a time when the people of Ashland are looking to the Council for direction through some crucial times. eincerel~,~' /,#,;,7~/'/ '--U;5)"~frU/('l/,., ' / /.. i{', \i~6,~~~- David and Lisa Sebrell 271 N. Mountain Ave. Ashland, OR November 1, 1990 Ashland City Council: I am an adjacent property owner owning several properties in the Grizzly Park Subdivision. I am quite concerned about the proposed Mahar Project of 96 apartments. While I think we are gaining some ground with the development of E-l lots, I am quite opposed to continuing Williamson Way through the apartment development~ I am concerned for the security of my business with all the added vehicular and foot traffic. I understand that we cannot have a cul-de-sac longer than 500 ft. and Williamson Way needs to be longer to accommodate the proposed new E-l lots. Personally, I think the size and scope of the apartment complex is inappropriate for this piece of land in Ashland. But we as a community need the help of developers to develop E-l land. Try as we might to bring new, clean industries to Ashland it is quite expensive to secure and develop E-l lands. These new E-l lots should not be smack in the middle of 96 apartments. There were several plans regarding where to extend Williamson Way. There were plans of break-away barriers to separate dwellings from business; there should definitley be a substantial fence separating the complex from existing and new business. I would like for these issues to be reconsidered and if this is not possible I would like you to reject this apartment proposal. It is a no-win situation for so many of the neighbors. It is only a win-win situation for the developer. If the people of Ashland were to vote on it today it would not pass. Please, as our elected representatives~ represent our needs. Thank you. q(~ct!~ Kathleen Kahle 800-523-0258 · 503-488-2322 · (Fax) 503-488-1549 Harold A. Cloer 1036 Prospect Street Ashland, OR 97520 (503) 482-8364 November 1, 1990 To: ;Y1\f j Ashland Ci ty Council From: \'{j~' Hal Cloer, Chmn., CPAC Economy Commi ttee Re: LUBA Remand on Mahar Project Unless there is a real likelihood that new information concerning the water and traffic impacts can be obtained for the Mahar project, I would support limiting debate to the two items on which LUBA wants more information and evidence. Given Ashland's growth rate, I'm sure that the school system will accommodate expected growth of the city. CPAC's committee on the Economy element of the Comp Plan will undoubtedly wish to submit testimony on the issue of the availability of E-l land over the update period of the Plan. The committee will contend that what is most relevant is the inventory of developed E-l land such as that available until 1988 in the Ashland Business Park, and thos~ proposed ,in the 7-parcel industrial subdivision that's part of the Mahar project. (This is a personal observation; the committee has not discussed the Mahar E-l subdivision in any detail). It seems to me that the Council should not have to deal with matters of fact such as those mentioned above, but should be abie to rely on staff and the Planning Comm- ission for such determination. On the other hand, an issue such as "livability" for a segment of the population vs. "the general good" of the community would seem to require the wisdom and perspective of the Council. This latter determination appears difficult enough as to probably result in considerable debate and Council time. And, I would think, require the development of principles and guidelines as the city attempts to implement its plans for affordable housing--in this era of widespread concern for quality of life and the ubiquitous NIMBY. copies: CPAC Committee on the Economy ))tJ//, ~ /796-'- /11' 4~ )t1 / k;4/-1 S 2> q Y5.HG-/Z-se-y S r _, " ,-:Ar Irb8Jf:!.j) ()/'~ ? 75~) / d4..~~ A:;, 1 O~~~, .' CO~/7() /~" u/ ' tJ tf/ ,- ---------,----~~-~~---~--~:~~-~-~ ----, --~----------~-~-~~_.__._-- . _.,__._ .._.__.__.___" __.._._ ._'___. .__.___._.w._...y_. --- ----_.~--'---.-.-.-.- -.,..----.------ ..--. -... "'-., - --- .-.--.--- ,- ---------- -_._..---- _........._.__.-_._--_.._._.._.....--.. -~._----_... ----,-. .----.-. ----.-. --- tk-: tVJJ.-~'I.~#~.~ _~..~k~.~~ . ..~~.~~. ~/..,d ._~==-~.-_---~~Lk.~-~~- . =~~~-~~~-~~~~~~ ~=~-: -:.----:.-i-~~f~~~~.~~.:~-4-~~~~:r... .. .. . . ~~ ~~ ~~~~~_.__.__.. ~-_. ..~,~~,-, - ~" --~-~~----~-,-~- - . . __ ~ ~ -A~~d._.__._.. _==_-==-.-..-7t1~-71L~~~-;:!t:;~.ZO~ . =--.~..---.:=_. -~F7T5JJ7.c.;~z;I1;r<;!=H~.~=====:-:=_::_..-. _~~..;~~~_~=_=r.__~=r-_=~r.....:;Zi~_;_-~*-up;~~.. ... .~-.. ...:.:--=- .-=.--_.. ~ts .._' .. ,.,..,--,..-----;- AVAilABLE 11/1. Nice' , _ ;,quaIU~v;iaulU..( 2~1.,Qld, 2 BDRM. ap.t., In' triplex, home near vall KnoK' got near lithla Parlc.. Garage. COUfSI, 3 bedlOOln, 2 bath, Pvt, patio, lots of. ameni. double g~rage, heal pump, -. plus slOraQl. No dog&. auto. 5~nnklers. S,7.5 per $495hno ~82"(169 mo.. S1 000 rtnrnlbl. . dep, Rets,r.quired. No 323 Ape, H~ts, 2 BDRM, 'apt. Very_ quiet 'smokers ~lease. No. pets, vuvv.. bull din a a b v. "8 I v d. 488-3601 or &64-40475 ' S375/mo, l33 HoUy, ARt, 'teEAUTFUl. new. 3 bdml., N the trees.abon the last & see:. 488-2630, 2 bath home on quiet lag college. Swimming p'ool. 2 BDRM. townhouse apt. lot. S700/mo. S700/dep, hot fub.... sauna, "2 fire- Quiet comp'lex, Clean, No ~ CCiI ~ places. ," b{r!'l;.[,_syacious. pets, 131 California S...... a.AIJOIA lIVElY !3p8lI. pnvaey, ~ No, ~, $4101mo, Ftrst, last fal ESTATE 482-1118 of fl8 wllev, 3 bdrm, p\us depoIit.482-48~ BEAUTifUl country home. New. 1.700 aq.ft. D.cks. 2 BORM. townhouse, Quiet 10 miles so, of Mhland. low mainlllnanC8~'~' CloH' to~. 3-~' bedrooms ~ baths, AIhIInd ml 2080 S Is k I you B Iv Cl, U5LPlus $3~0 dtposlt. 482. 71 S37~/mo. Flnt. last & AVirinimecl, "2,,(740. seamty, 482-2280. ~ BE THE FIRST ONE ~ LARGE 2 bedroom apart. 2 BORM. upstairs lll'l. In 'Available 11/20: Brand ment in dean & quiet small d -,. compltx. Close to shop. ~~ntown. across from new. 3 bedroom, 2 bath ph!;. Available ,11/1/VO. Uthia Park. Most utils. pel, home on Sheridan St. Qual- ~ ~ deoosl No P.tts, , Taking appllca. I" built. with heat (lump. . LaildMart p~ Mgml DlL CIn Plc:t ~ at: double garase. S775..HL ,482-:J451 607 SiskiYou Blvd. mo.,' $1 20 ri1iiii1i'tiTi" 2 BDRM, vltw lupin, dep. Rets, ft.quirtd, No lARGE. 2 plus bedroom Dtck, carport. No lets. s m 0 k e u . No "e tI , home, 36S Pearl Sl off $4OOImO. 482-251 48HEi01 or 664~75 GreshJ:i~~~ req, ~ BED ROO M 1 b al h ClE~, 1 ~droom,' ~rt. "'....Jaw ......rm 2 homt. Nic. rtmodel. No mtnt ltl qut,el buildlllG. No ...,.._ .. uu:1 ,PIts. No smokers, t:!..."'t. pets, Deposit &, rtfertftClts balh, Gar:ps/.:tar nigh No smokin~~25i;:0. reg,. $315/mo. includes all School. o. Flrsl. 630 UIitiIs.482-4577- last= ClAOOIA 482~ Mgnd. REAl ESTATE 482~118 tied 1~ ~~ r= 12 BEDROOM historic home in 'A.R. disl Central LARGE houH br Emigrant house, Plc:ktt fence, laIgt htat, ~mplt"ly w..th.... lake. $375, 482..(722, garden space. Good stor. ized. DiIhWashet. No pets, ",...&tw 2 bdrm. 2 ...... ~"^....... No smoking. $650fmo, bath home' golf _. ....' -..... '586 C Steet .c8RlIJ3 Double car garaa.. Ear 2 BDRM. fireplace, Drive a.EAN & neat, '1 bcImt apt. care yard, AVail. llov. 1s by. 115 Nob hill, Avail. ~ blocks, from downtown, No s moktrs. $750/mo. 'shol1-~J!~~~,.u~_ $2i5hno. 482-2484 First, luU .. __wu 482~1 "Yilt COME Ifl!ld fit win. in UndUart482V Mgmt. 2 BEDROOM at a. B&B, Room & kllcht" $325hnon11 == . $2OOhno. 482-1726- d~'.ur:~i~,.~i~ 'BEDROOM. 11'0 bath 1 ~:.~Rru~~j;a: t::::. DeckI, 1s\llaslldep, townhouse. above Safeway. w/wash.r & d~er, yard. Taka a 488-7715 Weath.rlzed. .ncloud garagt Ilorcli sauna LONDONAIRE Apartments, rard~wld :hook:~425, vi.w, ~6!,nll"; 1 blk: 2 bdrm.. $376ftao. Wal.r 211 Harrison 7 ,above PlaD. ~~102. & garbagt pd. ~82-1422.. 12 R~VENWOOD condos, . 2 bdnIl. .1Va bath Takila ailPbionl avallabl.. '::O~"'u:' 2 ... olea. Ale. M -.nc. MOUNTAIN house locattd bdrm,. deck.. I dry. ~II ap"pllances, Parking 17 mHes from Ashland on carport. sWimmIng pool, incld, No ~ts. 1500. 1st. Hwv, &6" 2 bdrm.. 1 baIh. VI8WJ::sto town. last & ,482'-'. $~50/mo~ deposit. = Mgmt. ONVENIENT to college, oj- BOA" Furnished kitchen unIts, EW 2 & 3 belrm' apts '3 Mo. 1. ba house III Monlhly ra.te.sthrough Garaat. pvt, ftnced yd: ,~~~d'd 'i' ~rden area. March. 1'~. 18. 91.: $450 ,to Wid hoolWps heal pump, I '~<K J1'0 plus ~lIh Jdal.!y maId 659 Parf&'~' OIJir_, servlC8. parkirL;,ncIUded), J~" L ~1 ,Commercial Property 11~U rMl. EW, 3 bdrm.. 2 bath Manaaement' ~82.2561 home, Country kitchen ~I 3 BDRM, 1 ~ balh town. . ' pantry. Heal pump/au. house near hospital Gas OZY. 3 bdrm, furnlSh4!d dec:k. Avail.' Nov. 5th, No h..t. S5~ Call for home abv, college, Avaif, ~' First, last , detaIs. ~ ShortS or long '::oF to . $ 482-O:M6. BDRM" 3 balh house ElUXE 2 bel NEW l V rem 0 d .Ie d 3 will harclwood Ioors , hot' rm.. ~ ba~h. .droom. 1 Va bath ,Ius tub In convenitnt location, ~ floor plan .11 ~ family room near Helman First tasl and triplex. ,Range. refng" wid School wilh larae yard. amage deposiL No hookups, Hut p'ump. New app\ianCII. Jenn-aift. pets,482-4818.' ~1, lasl & 1llQI~, oven. r.frlgerator. -r:iiidMirt~MQml 41lhwasher. ft.w carpet 3 BDRM. dupl.x. 15A 482~1 " an4 f1oorll!J, No p.ts. Exe, co...dltlonlloci'ti'0Ji7 fURNISHED apJl 1 , 2 S1.1il.m.JL first. last , Stove., 4l1hwllher. patIO. 'bdrm. CoIar. caIlIt' T,V. Hot ~-2611, '" ~711 110OI. IIUIII' & ItIem -. HOUSE.,~ , , BDR"', next to~, Wt.'kIy rates 'rom $176. S " n d ~ Y. 258 Hi g h S I,' large utiity 1VOm. wiIh wid ~82-2000 Vletorlln duplex abov'~~O:up" hDen'dtlfeplace. REAT location Walk to Blvd. 2 bdT~' I:, WIS .r. "~. SafeR}. Charmlna. oId.r pnI. S585' ,re .. ranoe~l1:: IUI.& IIrat 2 slOfy. 3 'Wrm.., ~ PHOENIX. . 2 bedroom on 482-1287. ball house wldenklti:' =1f50ac::Cu:rPi;~~'d~:t 3 BEDROOM. 2 balh ~ir~'t~~:srld'd' , . ~_.... house, 'Si5DlmD, Se. a' 488-0034 ,..--- . 540~07' PHOENIX '*>TEL LARGE 2 bdrm" town. Low weeldv .... on RlOlIlI 3 BED RO 0 M h a use. house, i420hno. Fnt, lasl w"'l......"~ft.. L Nt"'" TY F.tn~~,~_1.,t~.^"U,W&a.,. plu! l~.9..~:~I~,.~~gu1~p. ~~~D~YT~:: -~-~~~~:'=r 27. ~ ~'~:v~m~1 323 323 Publisher's Notice All real estate.-MrtiHd heI'ein is subject to Ihe FedefalFarHouaing~ which rMkeI illl\eg8l to advenise -any prefer- ence, Iimitation.or ds- crimination bec:auI8 of race. color. religion, sex. handalp. .ami... status. or national origin. or In- tention to make ant sucb preference. Imitation. or cisc;rimination The Stale of 0r8g0n ptohibiIs dsc:riminationin the _. ..... or rentlll of real property on III buil 0' race. CIOlor. sex. marital statui. famiIi&l status. Nigion. NIIionaI origin or hanckap, The City of AahIMd prohIMIa cIisaimination in the ... lease t"f' I8ntIII of .... RENTALS 323 ~..:ts 1 BORM. quiet apt. IClOSS from, ShakeSpeare & ~ Compl.tely lurn. Includes utilities, Avail. 11/1-2125 $350/month. Firs.. lilt i T H S T R E E T cu t It. MClIi\,,488-2630. Vln 'agt homt. Wrap 1 BORMdl~1t1 apL Non. 1rCMnl~2 bdnn. pIuiI smoker, poo, Fnl, last & ofIllI, , $100 dip. 4888-7836. 482 71 Mgmt. 1 BEDROOM sman" fu ABOVE colleg.. Largt. 3 , ishtd. Ulilltres paId. A'~ bFdrm, homt, Short.term. pet., $235. Firs.. last' urnJrlim as.3863. let. 482-4447. 1MOVE tht '<<!VI Fantastic 1 BEDROOM cottage. view" Wonclerfulandhoule ~ Greensprlngs, $275 wlo II8fQI8 lOOIII hot ..., appliances. $325 with. 2~ =-A{r'~ ~ leave IllIG. 772-2177 535-11l94 .leXCEPTlONAl 2 bdrm, . . , plus dtn/offlct. N.wly lET u. ftnd a quehhed remodeled hislorlc char. tenant lor ~yUl' ~I~E . mer. Many custom AM CIPES feature.. Close to down. . & ASSOCIATES INC, lown, Abso!utely no ~ts, Real &tate.9~ Maml lease/of,ill)n pOUlblt, 488-3333 W:s4m Refs. '*l. ~ ASHLAND, 2 bdrm, mobile, PALOMAR on acreaat, $385 plus' PROPERTIES deposil488~7~, , 482.362Q or 488-3710 SHLANDS FIRST lOFT 2 BORU.. 1 bill Ipl $405 STYLE APT, Spacious. 2 plus dtp,No ~tI. Avail. bdrm.. 0fItl:I Iooi' - 30' , 1/1 , Wimer Helghtl t'-.!~ ceIlings. Amenh ....1841 · _: StoH. refrlgttalOr. 1-2 BDR, M..1 kth houft, ~~:Cy~'r.':' ,::. Gardtn space. R.R. dill Quilt. $6251mo. f'1IIt, Iut Avail. 11115. 15.25. first, ,~ last & dtp, 488-~' MNInd P10DerW Mgmt. , 'h 8DfIl. 1 ball. 8elM & 482-2713 rtfriQ. Gteat neighborhood. AsK.eY GAII)EN APTS. NO~IS. No smo~lng, 0Hnlna 100ft In Ash\Iftd. , ~ 1-'2-3 6clr& ancl ~ a.AUDlAwr:av ~t...~ts availabl.. REAL ESTATE 412-111. ...' rtfr~tor. wall"": BDRM.. 1 utL S1cMt' & dry f:N:' &<<;f:;'a.round. rtfrig.ralor. washer & Contact: Ashl.y Senior' dryer, New carp. I , a.nd~:k~~uApB,~:e":ihl~~~1 oaml No 1NIts, No smokina, ^D ~.,c.,t.I . 100 .,.:."C. .'R". tV,ACY~' ",Ln."-t" 2 roo",., ;,JlI,lh~, lI'f,( . aU t, nU; carp.'~" vi,e". eck; , No petl/smoklng, $680 mm,o jlIuIl8CUritt, 482-4'ClS2:-- . QUIET, 'cl.an, L~!I~_ m,ain. tlined 2 & 3 lIIICIlUOllI Is. renli~a for $~ 10 , $4'5, A&Nandtr AI*. 482-t121 SEE TO NlPREClATE 2 bedroom townhouse 'apl Very clean, Spacious rooms. Washer/dryer hookups, Weatherlud Quiet complex, No ptt.' 167 Lincoln St. $~25Imo' First, last plus d.posit' ~12:.u76' . SMALL. c1tan. studio apt $205/mo, Fnt, last & dep' No 488-2600. ' P ACIOUS 2 BR.. 1 BA. rembdtltd vintagt home abov. Blvd. Stove rlftr dlshwashtr. wid ~ookup' garagel workshop. wrap: arouna porch and nice yard, Sony no pets. S600 plus d.p. Drive by~ ~ Sl 482-2805 Ilk for Patricia or Mary. Or call 482-1231 twI, PACIOUS. ",*,118. 2 p\us bdrm,. 2' bath, ~pliarictd kltchtn. Btautiful malnte. ~' Wall ~ plaza. 1-616-8374 or ,. , SWEET. 2 bdrm~. 1 bath ...~~ 260, ' <VWtA Y REAl ESTATE 482-1118 ALENT, Clean. conve nitnl 3 bedroom. 0rMt ~ 511 W... QMk. $625, , ~ 3 BEDROOM. 1 Va balh Firtplace. Immaculate Beautiful yard. Special ~ ProIlerW Mgml 482-2713 houst wocil be area b- a ... or b- sWInIs ao. to sase. L.MIt hin! room. lormal dinfng. AI ~=-~RTIES m-2177 535-1VlM VIEW boule. , 2 bedrvotn. . balh, all tlectric kitchen decks. AvaDable Nov. 111 ~.JU,st. lasl I VINTAGE I cute 2 bdrll' .pt. 1 b ock above Safe way, $485 ~Ius security 773.5069_ S35-~125 11/1/90 To Members of the City Council: It is my opinion as a citizen of Ashland and an ex-school board member, that school capacity should be taken into consideration when making the final decision on the Mahar apartment project on Hersey Street. I realize the capacity of our schools may have been given some attention when the project was originally approved and there may have been ample time for people to speak. However, much has changed over the last year in regards to school capacity, and, because of the LUBA remand, we have the luxury to address this issue again. In June, the school board unanimously passed' an advisory to the city that stated our schools would be "at or over capacity by September." The superintendent of schools admits the middle school is at capacity now. My personal experience on the board tells me other schools are very close. I don't know the exact letter of the law, but I believe approval for building projects has been reversed because schools were at capacity. Irregardless of legality, it makes common sense to address school capacity again in reference to the Mahar project. Our' schools are at or near capacity because of another multi-family housing unit that was just built and the exact impact on schools was not ,determined before the project was completed. While there are many factors that affect a land use decision, school capacity has rapidly moved to the forefront in Ashland. If our schools are so crowded education suffers or if voters are going to be asked to fund minor or major school construction in the near future, school capacity should be considered with every residential land use decision. We are close to one of those two outcomes. Don't miss this chance to make informed decisions. dj;~ Tom Olbrich 904 Garden Way Ashland, OR 97520 , BEFORE THE ASHLAND CITY COUNCIL September 18, 1990 IN THE MATTER OF PLANNING ACTION #90-120, REQUEST FOR ) ANNEXATION, WITHDRAWAL FROM JACKSON CO. FIRE DISTRICT ) NO.5, SITE REVIEW, AND CONDITIONAL USE PERMIT TO ) CONSTRUCT MINI-STORAGE UNITS WITH ASSOCIATED MANAGER'S ) APARTMENT FOR THE PROPERTY LOCATED AT EAST MAIN STREET ) IN THE VICINITY OF OAK KNOLL DRIVE AND HIGHWAY 66. ) APPLICANT: SECURE STORAGE ) FINDINGS, CONCLUSIONS AND ORDERS \ RECITALS: 1) Tax lot 320, of 391E 12 is located at East Main Street in the vicinity of Oak Knoll Drive and Highway 66 and is zoned RR-5i Rural Residential - Jackson County. 2) The applicant is requesting Annexation, site Review and a Conditional Use Permit to construct mini-storage units with associated manager's unit. site improvements are outlined on the site plan on file at the Department of .Community Development. 3) The criteria for approval of an Annexation are found in 18.108.190 and areas follows: A. That the land is within the City's Urban Growth Boundary. B. That the proposed zoning and project are in conformance with the City's Comprehensive Plan. C. That the land is currently contiguous with the present City limits. D. That public services are available or can be made available to the site. E. That a public need for additional land, as defined in the City's Comprehensive Plan, can be demonstrated. criteria for approval of a site Review are found in Chapter 18.72 and are as fol,lows: A. All applicable City ordinances have been met and will be met by the proposed developmen~. B. All requirements of the site Review chapter have been met. C. The site design complies with the gl;}.idelines adopted by the City Council for implementation of this chapter. Further, the criteria for approval of a Conditional Use Permit are found in Chapter 18.104 and are as follows: A. The proposal is in conformance with the Comprehensive Plan. B. The location, size, design and operating characteristics of the proposed development are such that the development will be reasonably compatibl,e with and have minimal impact on the livability and appropriate development of abutting properties and the surrounding neighborhood. C. In determining the above, consideration shall be given to the following: 1) Harmony in scale, bulk, coverage and density. 2) The availability and capacity of public facilities and utilities. 3) The generation of traffic and the capacity of surrounding streets. 4) Public safety and protection. 5) Architectural and aesthetic compatibility with the surrounding area. 4) The Planning Commission, following proper public notice, held a Public Hearing on June 12, 1990, at which time testimony was received and exhibits 'were presented. The Planning Commission recommended approval of the application subject to conditions pertaining to the appropriate deve~opment of the site. The City Council, following proper public notice, held a Public Hearing on August 21, 1990, at which time testimony was received and exhibits were presented. The Council's motion resulted in a tie vote, ,and a tabling of the action until September 4, 1990, at which time the Mayor would be present to consider the action and vote. At the September 4, meeting, the action was delayed to the September 18, 1990. At this meeting the city Council granted approval of the annexation and conditional use requests, and continued the request regarding the site Review. Now, therefore, The Ashland City Council finds, concludes and orders as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "0" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The City Council finds that it has received all information necessary to' make a decision based on the Staff Report, public hearing testimony and the exhibits received~ 2.2 The City Council finds that the request to construct mlnl- storage units with associated manager's unit meets all criteria outlined in the Annexations Chapter 18.108.190 and Conditional Use Chapter 18.104. The Council, however, finds that site 'Review approval should be deferred to a later date until all issues regarding the wetland have been addressed by the appropriate state Agency, and the issues regarding on-site circulation have been addressed. The Ashland City Council makes the following findings concerning the request for Annexation: A. That the la~d is within the city's Urban Growth Boundary. The property is within the UGB. B. That the proposed zoning and project are in conformance with the city's Comprehensive Plan. The proposed zoning is E-1 in conformance with the Comp Plan, and the use is listed as a Conditional Use for the E~l zone. c. That the land is currently contiguous with the present City limits. The City limits border this property on three sides. D. That public services are available or can be made available to the site. Sewer and water are available from mains in Highway 66, and all other City services are readily available to the site. E. That a public need for additional land, as defined in the city's Comprehensive Plan" can be demonstrated. Although the current inventory of vacant lands has yet to be field checked, the Council believes annexation of additional E-1 zoned land is appropriate. The Comprehensive Plan states that the City shall strive to maintain at least (emphasis added) a five year supply of land for any particular need in the City limits (Comprehensive Plan Policy XII-1). Data supplied by staff indicates that there is approximately a five year supply at this time, ,therefore the Council does not find this annexation to conflict with the stated policy. In addition, based on the preliminary results of the vacant lands study, the council does not believe there exists within the city Limits a parcel of land of similar quality to the subject parcel which would accommodate the proposed use. This finding is in compliance with Policy XII-2 of the Comprehensive Plan, which states "This city shall incorporate vacant land onlY after a showinq that land of similar aualities does not alreadY exist in the city limits. or if annexation is necessary to alleviate a probable public health hazard." ' From the preliminary vacant lands study, there are 6 vacant parcels within the city zoned E-1 or M-1 of s~milar or larger size as to that parcel proposed for annexation. These parcels are as follows: 1) 391E4DC 3502 Hersey street 7.78 acres This land is more commonly known as the Mahar parcel. It is presently under review for an apartment complex and E-1 subdivision. ,The sloping portions are not conducive for mini-storage development, while the flatter portions are prime employment lands and are scheduled to be used for higher employment generating businesses, when fully accessed and served by public facilities. 2&3) 391E12 309 and 310 Dead Indian Road 7 . 6 and 12 acres This land is currently owned by the city of Ashland and is scheduled for airport related uses in the future, as part of the Airport Master Plan. At present, there is no sewer or water presently extended to these parcels. This land would not be available for mini-storage use at this time. 4&5) 391E14D 101 and 201 Crowson Road 7 . 0 and 6'. 73 acres This land is within the city limits, but has been limited for further development until full sewer service is extended to the site and paved access throughout the site is provided. At present, there is one small development on this property which is currently on a well and septic. A condition of approval for this development has restricted any future development to when full services ar made available to the site. When this land is fully serviced, due to it relatively flat topography and location, is proposed for higher intensity employment uses and is not an appropriate location for lower intensity employment associated with mini-storage units. 6) 391E9BA Railroad Tracks near A street 16.85 acres This land is currently owned by Southern Pacific Railroad and has very limited access. The only access point is from Oak street via a short unimproved street dedication for New street. Again, this land is relatively flat and T---- due to its location near the center of Ashlanq, it has a strong potential for future higher intensity employment uses and would not be an appropriate location for low employment mini-storage units. Therefore, the council finds that there are not other locations available within the city which would accommodate the low- employment mini-storage use and finds that it is appropriate to annex this land for this,use as there is a public need for this land as defined in the comprehensive Plan. The city council makes the following findings in support of the Conditional Use Permit for Mini-storage units in the E-1 zone, and allowing for a manger's apartment on the site. A. The proposal is in conformance with the comprehensive Plan. The comprehensive Plan, implemented through the Land Use Ordinance, states that mini-storage units are allowed in E-1 zone as 'a Conditional Use. Quoting from 18.104.010 of the Land Use Ordinance: "The purpose of conditional use approval is to allow the proper integration into the community of uses which may be suitable only on certain conditions and at appropriate locations." The comprehensive Plan states that the employee per acre ratio should be approximately 10/acre for E-1 lands. However, this area is within the primary Safety Zone of the Ashland Airport as indicated in the "Ashland Municipal Airport Master Plan." As stated in the Transportation element of the comprehensive Plan, "This (Airport Master) plan was completed and adopted by the Ashland city council on October 5, 1976. This plan is the ruling document concerning airport development and is hereby adopted by reference. The plan is currently being updated by Waddell to 'reflect changes that have occurred since 1975." The Master Plan states that developments within the safety zone should be of a low intensity. While the city's Comprehensive Plan has indicated this land as E-1 when annexed, the Airport Master Plan suggests little development be allowed. In reviewing this application, the city council finds that mini- storage is an allowable use in the E-1 zone, and that the safety concerns of the airport are a significant factor in determining that a low-employment use is the most appropriate for this location. Further, we find that the location within the Primary Safety Zone is abutting an area outside of safety zone constraints, and therefore constitutes the safest area within that zone. B. The location, size, design, and operating characteristics of the proposed development are such that the development will be reasonably compatible with and have minimal impact on the livability and appropriate development of abutting properties and the surrounding neiqhborpood. T--- The council further finds that the submitted site plan and elevations, along with the applicant's project description are such that the use will be leS?s intensive than other permitted uses within the zone, such as commercial retail uses, and thereby compatible with the abutting properties. c. In determining the above, consideration shall be given to the following: 1) Harmony in scale, bulk, coverage and density. 2) The availability and capacity of public facilities and utilities. . 3) The generation of traffic and the capacity of surrounding streets. 4) Public Safety and.protection. 5) Architectural and aesthetic compatibility with the surrounding area. The council finds that the single-story design of the structures, except for the low two-story apartment, maintain an appropriate scale for this area, while protecting views of the neighborhood to the southwest. The lot coverage and density are in conformance with the requirements of all uses within the E-l zone~ All public facilities are available, or can be made available to the site, as indicated by the city of Ashland. The access to the site is from Highway 66, a state highway. Adequate capacity remains on this highway to accommodate the expected traffic flows for this use, which the applicant expressed to be less than 100 trips/day. other uses which are normally allowed outright within this zone include retail, office, and light 'manufacturing uses, which if the parcel were fully developed for these uses, wduld generate approximately 5000, 1000, and 500 trips per day. Again, these estimates are for a fully developed parcel to these intensive uses and are intended to provide a guide to the relative impact of the propos~d mini-storage use. Further, the subsequent site review of this proposed use will further address the proposed access of the site onto Highway 66 and the internal circulation of the site. This use will not increase any public safety or protection problems. An on-site manager will ensure the security and the site and appropriate fencing will inhibit trespassing. Additionally, lighting requirements will provide adequate security for the site while still being in conformance with the city's requirements regarding the Shieldl.ng of lighting from view from residential areas, and an attached condition prohibits exterior lighting from interfering with aircraft operations. The structures are proposed to be constructed of a split face block with blue metal roofs. The construction will also include the use of pitched roofs and single story construction to further mimic some of the residential characteristics of the neighborhood across Highway 66. Further ,. the council finds that these materials are similar in nature to those generally used for commercial construction on other E-l lands, while still being less "institutional" than standard concrete block or metal siding and flat roof design and are appropriate for the development of this property. Also, the area along Highway 66 is p~oposed to have the highest intensity of landscaping on the parcel, mitigating impacts to surrounding properties. This are will include street trees and fencing which will provide an aesthetically pleasing streetscape along Highway 66. ' The city council makes the following findings for the Conditional Use permit for a residential use in the Airport Overlay Zone: A. The proposal is in conformance with the. comprehensive Plan. Refer to the finding for this criterion above. In addition to the previous findings, the purpose of a conditional use permit for a residential use in the airport overlay zone is to ensure that there are few conflicts between the uses, and to place the resident on notice that the airport is the overriding permitted use in the area and that the residential use is the conditional use. In this instance, the council finds that the primary use of the property is for mini-storage, a commercial use, and that the residential use for a one-unit apartment is the minimum necessary to complement the mini-storage use and does not result in a conflict with airport operations and is in conformance with the Airport Master Plan, a ,supporting document of the comprehensive Plan. 'B. The location, size, design, and operating characteristics of the proposed development are such that the development will be reasonably compatible with and have minimal impact on the livability and appropriate development of abutting properties and the surrounding neighborhood. The location of the proposed apartment unit is at the outer fringe area of the safety zone of the airport, nearest Highway 66, representing the location with the least impacts within the safety zone. Further the height limitation of no greater than 20' within the zone controls the height such that this use is not out of scale with the remainder of the development, or surrounding uses. since the residential component of the application is limited to one unit, it is the minimal size necessary, and will have the least impact on residents in relation to airport operations. The approval of only 1 residential unit ensures. that the primary commercial use of the property zoned E-l will be maintained and will not hinder airport operations or obstruct views from the residential area across Highway 66. I ~ c. :In determining the above, consideration shall be given to the following: 1) Harmony in scale, bulk, coverage and density. 2) The availability and capacity of public facilities and utilities. 3) The generation of traffic and the capacity of surrounding streets. 4) Public Safety and protection. S) Architectural and aesthetic compatibility with the surrounding area. In addition to the findings maqe above for the overall commercial development, the following findings are made specifically for the residential use: 1) The size of the apartment unit will be in scale with the remainder of the project, and will follow the. design and materials outlined for the mini-storage units. The two story height will not obstruct views and will conform with the height limitations of the Airport Overlay Zone. All requirements for lot coverage and landscaping will be as outlined for the mini-storage use. 2) The public facility needs for an apartment unit are minimal and shall not cause any faciiities to operate beyond their established capacities. 3) As stated above, Highway 66 is a fully improved 2-lane Oregon state highway providing access from the site into the , city of Ashland. The traffic generated by an apartment unit, approximately 7 trips per day, shall not significantly impact the traffic handling capabilities of Highway 66. 4) The location of the apartment on site shall increase the safety aspects of the proposal by providing on-site security and surveillance, as well as monitoring the access to the site by users. 5) . Th~ findings made for the mini -storage approval above are equally applicable to this portion of the application. Further, the council makes the following findings regarding the site Review: . A. All applicable city ordinances have been met and will be met by the proposed development. B. All requirements of the site Review Chapter have been met. C. The site desiqn complies with thequidelines adopted by the city council for implementati~n of this Chapter. The council finds, that the information regarding on-site circulation presented on the site plan is not in conformance with the city's ordinance. Further we find that until all issues regarding the wetland are reconciled, that the site plan is subject to change from that presented, and therefore we find that the criteria for site Review have not been met,. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the city council concludes that the request to Annex approximately 6.2 acres of land to construct mini-storage units with associated manager's unit is supported by evidence contained within the record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we recommend that Planning Action #90-120 be approved. Further, if anyone or more of the conditions below are found to. be invalid, for any whatsoever, then Planning Action #90-120 is denied. We recommend that the following conditions be attached to the approval: 1) That no development be allowed on the areas indicated as wetlands, until this area is reviewed and inventoried by the Division of state Lands. 2) That if the area is determined to be a wetland, the applicant would follow the process and procedures outlined by.the Division of state Lands for obtaining a permit for altering the wetland,' which includes the mitigation measures outlined in Senate Bill 3. 3) That the proposal be subject.to a continuance of the site Review, allowing the applicant to redesign the project to not include the wetland areas. Further conditions regarding design, on-site vehicular circulation, landscaping, etc... will be addressed at that time. 4) That city services be made available to the site, including sewer, water, and electric, and that the required water lines and appurtenant devices be installed for fire hydrant installation as required by the Public Works Department.' 5) That all system development annexation fees be, paid prior to the issuance of a building permit. 6) That a survey and legal description of the property be prepared by a registered land surveyor prior to first reading of the annexation ordinance by the city council. Also that the survey indicate the primary safety zone of the airport and horizontal and transitional safety surface regarding building height in the airport overlay zone. 7) That all fire hydrants be installed as required by the Ashland Fire Department prior to the commencement of combustible construction on the site. 8) That the applicant grant an easement to the city of Ashland to allow for the trees penetrating the horizontal and transitional surface of the Airport Overlay Zone. 9) That all necessary easements for sewer, water, and electric be provided as required by the city of Ashland. 10) That the applicant obtain ingress/egress approval from the state Highway Division for access to the property. 11) That the applicant sign an agreement with the City, agreeing that airport noise is likely to increase in the future and that they waive all rights to complain about airport noise. 12) That the building height for the two-story office/residence not exceed 20' as required by the Airport Overlay zone, or protrude through the transitional or horizontal surface of the Airport Overlay Zone. 13) That all cuts and fill be indicated on the building permits to be reviewed and approved by the Staff Advisor. 14) That no lights from the project be directed to interfere with airport operations. 15) That the city shall not adopt ordinances annexing the land until the following is completed: That the property owner enter into an agreement with the city of Ashland, after site- Review approval, agreeing to construct and develop the property in complete accord with the approved mini- storage use and plan indicated by this Conditional Use Permit approval (PA90-120) and subsequent site Review approval; and that the property will never be used for any other purpose without the 'approval of the city of Ashland. subsequent to the property owner signing the agreement, the city council shall adopt the appropriate ordinances annexing the land. Dated this day of October, 1990. Catherine M. Golden Mayor Nan E. Franklin city Recorder BEFORE THE CITY COUNCIL CITY OF ASHLAND JACKSON COUNTY, OREGON, IN THE MATTER OF PLANNING ACTION # 90-168, REQUEST FOR FINAL PLAN MODIFICATION TO MODIFY THE STREET LOCATION AND LOT LAYOUT FOR A PREVIOUSLY APPROVED 18-LOT SUB- DIVISION. MODIFICATION INVOLVES THE RELOCATION OF THE INTERSECTION OF THE PROPOSED LOGAN DRIVE AND SCENIC A ) ) } ) ) DRIVE APPROXIMATELY 60' TOWARDS THE SCENIC/GRANDVIEW ) INTERSECTION AND THE ASSOCIATED MODIFICATION OF LOT LINES.) NO MODIFICATION IN THE NUMBER OF LOTS IS PROPOSED. } APPLICANT: ED HOUGHTON- ) } FINDINGS, CONCLUSIONS, AND ORDERS \ \ RECITALS: 1) Tax lot 6900 of 39lE 8AA is located near the intersection of Scenic and Grandview and is zoned R-l-lO-Pi Single Family Residential. 2) The applicant is requesting a Final Plan modification to modify the street location and layout for a previously approved IS-lot sub-division. Modification involves the relocation of the intersection of the proposed Logan Drive and Scenic Drive approximately 60' towards the Scenic/Grandview intersection and .the associated modification of lot lines. No modification in the number of lots is proposed. The new street location is outlined on the site plan on file at the Department of Community Development. 3) The criteria for Final Plan approval are outlined in Chapter 18.88 and are as follows: Final Plan approval shall be granted upon finding the substantial conformance with the outline plan. Nothing in this provision shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outlined plan with.the final plan shows that: a) The number of dwelling units vary no more than 10% of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted ~n the outline plan. b) The yard depths and distances between main buildings vary no more than 10% of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Title. c) The open spaces vary no more than 10% of that provided on the outline plan. (1) d) The building size does not exceed the building size shown on the outline plan by more than 10%. . .e} The building elevations and exterior material are in conformance with the purpose and intent of this Title and the approved outline plan. f} That the addi tional standards which resul ted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. g} Any amendment to an approved Final Plan shall follow a Type I procedure. 4) The Plan'ning Commission, following proper public notice, held a Public Hearing 'on August 14, 1990, at which time testimony was received and exhibits were presented. The Planning Commission denied application, noting that the applicant had failed to meet the burden of proof. 5} The Ci ty Council, following proper public notice, held a Public Hearing on August 2, 1990, at which time testimony was received and exhibits were presented. The City Council denied the appeal, noting that the applicant had failed to meet the burden of proof. Now, therefore, the City Council of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data and testimony will be used. staff Exhibits lettered with an "5". proponent's Exhibits, lettered with a "P". Opponent's ,Exhibits, lettered with an "0". Hearing Minutes, Notices, Miscellaneous Exhibits lettered with and "M". SECTION 2. CONCLUSORY FINDINGS 2.1 The City Council finds that it has received the information necessary to make a decision based on a Staff Report, public hearing testimony and the exhibits received. 2.2 The City Council finds that the proposal to modify the street location and layout for a previously approved 18-l~t sub-division does not meet the criteria for approval for Final Plan as outlined in Chapter 18.88.030 B. (2 ) ,- The criteria for approval is that the proposed location of of Logan Drive be in substantial conformance with the outline plan. The council finds that the location of Logan Drive, where it was to enter scenic, was ambiguous in that two locations were equally possible, each substantially different from the other. Accordingly, it appears necessary for the final plan to be amended so as to establish a precise approved location for Logan Drive to enter Scenic. The council further finds that there is not now an approved location for that intersection. As for the presently proposed location, the council finds that from a standpoint of traffic safety, other locations should be explored and this planning action is denied. SECTION 3. DECISION 3.1 Based on the record of the public Hearing on this matter, the City Council concludes that the request for Final Plan Modificati6n to modify the street location and lot layout for- a - previously approved lS-lot sub-division is not supported by the evidence contained within the whole record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we deny Planning Action 490-168. Date MAYOR ATTEST - CITY RECORDER (3) ~emnrandum October 25, 1990 ijI 0: Mayor and City Council JIi rom: ~'ubjed; c-..___--~,- steve Hall, Public Works Director~~ Foster study -- Work Session with Bike Commission Now that public input has been collected, the Bicycle commission is requesting that Council set a date to have a study session together to move forward on the Foster study decision. This date should be set at the earliest opportunity while the issue is still fresh. The only available location is.tbe Hunter Park Senior Room.' suggested dates: Monday, November 5th Wednesday, 7th Thursday, 8th Wednesday, 14th Monday, 19th --r--- - ~tmntctndum October 31, 1990 ~o: Honorable Mayor & city council JII rom: Brian L. Almquist, city Administra~"""'" ~'ubjed: Request from Church of the Nazarene The council recently approved a sewer connect outside the city limits for the Nazarene c~urch, subject to the Municipal Code requirement that they agree to pay the SDC annexation fee of $.0383'per sq. ft. upon connection to the city sewer system. The Church has requested that they only be required to pay the required fee for a 10,000 square foot lot, citing Section 18.108.070 of the Municipal Code as authorization for this request. section 18.108.070 is the land-use procedures section of the zoning Ordinance, and does not relate in any way to the requirements contained in the Systems Development Annexation Chapter of the Code (Chapter 4.16). Although section 4.16.020 does not make provision for staging of the fee, it has been city policy to allow payment only for the portion of the land being developed, as it is developed. RECOMMENDATION: Based on the site plan, it is my recommendation that the fee be divided into three segments: ~.<-~. -- II-tf' ~ 9~; )'Jt1 "1. :5 eg ,(TO The first portion of the property which has the recently completed parsonage would be due now. This portion is approximately 18.7 acres (47,350 sq. ft.) and the fee would be $1,813. 11 ./ 2. When the Church is complete, and is ready for connection to the sewer system, an additional fee of $6,339 based on approximately 3.80 acres (165,500 sq. ft.) would be due and payable. / 335" (,p/ ......, , /;;//'.:;;'_, 3. The remaining $7,113 would be due and payable when and if any <"/'...______ t/J portion of the remaining' 4.26 acres is developed. 13lf'3~~ / Please see the attached plot plan which illustrates the above recommendation for staging of the fee. Attachments/ , /~ 13cf3-:> . - ~. 1/-fi-'76 ,r>'/i<f3% 1.3, 375. & ;j~ C0t-1~" a...~':i 10 J~C;-' 3' Y " CYi;1 ) < /3/ ~3S ./, ----..'-.....'.'.... , . /Y3c 3? (:~:(f HJ-'k-dl::l-1990 11:28 FROM CASCADE COHSULTING SSOC. TO , . 14880677 P.02 \;' I. \i '1 ( '. . .~....I \ ,; "- I '", -----r-, --. --TI:: ,. ~ ~ I I I l . ,. . 'I I ~ ~ I L II \-: r I 1 \1 i ' . '. I I ~-- to , ( , (! h Cl )" c.l\-... , ... .001 04'" ~ 011 ~ d "380V aNV1H~J/ J. t' JAJ1 , ' ~ -..~ -- ~-. ~ .&3'$~~ ~ NIJ1r .... ~ -.: ------- _. II l. .~ ~ '. ~ ~ ~ .,;'\ . \!'\ t,. .,. ~\ ~ :~ I I It ~.'~ II t ~ I I\." ~ I I Vll ~ " I~- Qollie Miller. Pastor ClIURCII OF TIlE NAZAllENE P.o. Box 846 1650 Clarke Ashland. Oregon 975'20 (503) 48'2-1784 Phone (503) 48'2-3936 10/29/90 Mr. Brian Almquist 20 East Main Ashland. Oregon 97520 Dear Mr. Almquist. i am writing on behalf of the Ashland Church of the Nazarene. to petition for relief from annexation fees on our property at 1760 East Main Street. According to Ashland's city ordinances. connection fees for sewer services. for a connection outside the city limits. are as follows: 1. A basic connection fee of $1055.00. (Section 14.08.025). 2. A Wastewater Treatment Plant Systems Charge of $35.00. (Section 14.08.030. paragraph F). 3. A Systems Development Annexation Charge of $.0383 per square foot. for land zoned as Single Family Residential. (Section 4.16.010). For our property. (9.15 acres). that would be a total charge of $15i265.38. However. in section 18.108.070. and the following paragraphs. provisions are made for a Type 3 Amendment to the Systems Development Annexation Charge. Under this procedure the property owners would be asked to pay System~ Development Annexation Charges for a standard lot of 10.000 square feet. and the fees for the balance of the property would be due and payable upon subdivision or sale of the property in que~tion. Payment of that adjusted charge would allow the property owners access to city services. and still insure that the city would be compensated in full for future connections to city serviG,es from that property. We have consolidated the ,property into a single tax lot. We have s'i,gned an agreement notto~ subdivide. Our, conditJon'al use permit shows clearly~hat we have no ~ntention of subdividing the lot. Since the intent of the Systems Development Annexation Charge is to insure that property is not subdivided and connected to city services without proper compensation to the city for the services used. we believe that there is adequate protection uhder a Type 3 amendment. and that these factors qualify us for consideration for a Type 3 amendment to the standard Systems Development Annexation Charge.. under Section 18.108.070. and the following ,para~raphs. After a week like yours, you need a church like ours! If the amendment is granted, it would mean that our Systems Development Annexation Charge would be reduced from $15,265.38, (standard fees for 9.15 acres). to $383.00. (the fee for a standard 10.000 square foot lot). The balance of the charges for our property would be due and payable upon subdivision or sale of the property. As specified by Section 1B.1~8.090, paragraph C, I am enclosing a legal description of the land, and a map showing the property affected. Thank you for your help with this issue. Obviously. it is of great importance to our organization, and we much appreciate your representation in this matter. Please do not hesitate to call me if I can be of help to you in your preparations to take this to the Planning Commission. Sincerely, ~ 1'VW- Rollie Miller enc: Property descriptions Map cc: IMP consultants Jim Olson' --~-r-- ~ 90-16783 EXHIBIT lIAll TR AC T A: Beginning at a point on the east line of Donation Land Claim No. 45 in Township 39 South, Ran~e 1 East of the Willa~ette Meridian in Jackson County Oregon which point bears South 0 04 East 417.42 feet from the southe~st corn~r of Lot 47 of ASHLAND ACRES, according to the official plat thereof, now of record; thence West 417.42 feet; thence North 00041 West, pa'rallel with the east line of said Claim, 208.71 feet to the south line of that tract described in Document No. 70-11377 of the Official Records of Jackson County, Oregon; thence West, along the south line of said tract, 124.865 feet to the southeast corner thereof; thence South 00071 East 415.71 feet; thence East 541.92 feet to a point of intersection with the east line of said Claim; thence North 0004' West, along the Claim line, 207.00 feet to the point of beginning. . (C~de 5-12, Account 11-11431-1, Map '391E10D, Tax Lot '912) TRACT B: . Commencing at a poi~t on the east line of Donation Land Claim No. 45 in Township 39 South, Range 1 East of theWillarnette Meridian in Jackson County, Oregon, which point bears South 00041 East 417.42 feet from the southeast corner of Lot 47 of ASHLAND ACRES, according to the official plat thereof, now of record, thence West 208.71 feet to the southwest corner of tract described in Document No. 75-05379 of the Official Records of Jackson County, Oregon, the true point of beginning; thence continue West 208.71 feet; thence North 00041 West 210.06 feet to the south line of that tract described in Document No. 70-11377, said Official Records; thence East, along the south line of said tract, 208.71 feet; thence South 00041 East 1.35 feet to the northwest corner of that tract described in Document No. 75-05379, said Official Records; thence South 0004' East, 'along the west line of said tract, 208.71 feet to the true point of beginning. (Code 5-12, Account 11-11421-4, Map '391E100, Tax Lot 1902) TRACT C: Beginni.ng at a point on the east line of Donation Land Claim No. 45 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, which point bears South 0004' East 208.71 feet from the southeast corner of Lot 47 of ASHLAND ACRES, according to the official plat thereof, now of record (said point is also the southeast corner of tract described in Volume 516 pa~e 19 of the Deed Records of Jackson County, . Oregon); thence South 0004 East, along said Claim line, a distance of 208.71 feet; thence West 208.71 feet; thence North 0.04' West 208.71 feet to the south line of said .tract; thence East, along said line, a distance of 208.71 feet to the point of beginning. (Code 5-12, Account 11-11427-1, Map 1391EI00, Tax Lot 1908) , - -- 90-16783 PARCEL NO. 11 Beginni~ at a p)int on the South line of Lot 47, ASHlAND ACRES, in Donation Land Claim" No. 45, Township 39 South, Range 1 East, Willamette Meridi~n, Jackson County, Oregon, according to the Official Plat thereof, now of record, which point bears 208.11 feet West, of a stone monument at the southeast corner of said tract, thence West, along the South line of said tract, 88.29 feet, to the Southwest corner therof; thence North O. O~, west, along the West line thereof, 384.77 feet, to the southerly line of East Main Street, thence along said street, North 75. 34' West, 97.15 feet, thence North 89. 33' West, 121.40 fee t; thence South O. 07' East, 557.29 feet, thence East, 303.63 feet; thence North O. 04' west, 147.36 feet, to the point of beginning. EXHIBIT "A" (CON'T) PARCEL NO.2: Commencing at a polnt on the East line of Donation Land Claim No. 45, Township 39 South,. Range 1 East, Willamette Meridian, J~ck8on County, Oregon, wh lch po int bears South O. '.04' East, 208.71 feet, from the Southeast corner of Lot 47, ASHLAND ACRES, Jackson County, Oregon, according to the Official Plat thereof, now of record (said point also beino the Southeaat corner of tract described in Volume 516, Page 19, Jackson County, Oregon, Deed Recorda), thence West, 208.71 feet, along the North boundary of said tract, to the Northwest corner thereof, for the true point of beginning, thence North O. 04' West, parallel with the East l1ne of said Claim, 61.35 feet, thence West, 303.63 feetJ' thence North O. 07' west, 557.29 feet, to a point of inte~section with the South line of East Main Street, thence North 89- JJ'west, along said street line, 30.00 feet, thence South O. 07' East, 618.875 feet, thence .East, 333.515 feet, to the point of beginning. Jackson County, Oregon Recorded OFFICIAL RECORDS d. : 57 JUL 5 1990 P M. KATHLEEN S. BECKETT Ifi1t~~~j;;1!Lputy I!' ." 3/ f ,.-- '. . "' '^~,A Ii i';',.. ,,_. .~::~5~~~'(_"~\ C/j" "{: affix. corpora,. ......., -I .....-........ STATE OF OREGON, 1... ~ API 1-5 FREEWAY ...... L&J UJ a::: ...... CI') a::: L&J ~ ...J < ::a . \..I. . ""' "IDIl..E SCHO,(l NIOR tOl; WALKER. SCH()(L . ... .Vo,J v.. " ',-:' .: c., ' .~ ." t. ~ '.,f I ., ., ,,;,. 39 . IE' II ~ ;, 1!' . .;: . ft; t~ .. : . .. "' ~ . .. . ~ ' f , .~ ~ . t- .; f 1(; t ' :,a.. '!e, " 2..' I 203 " , . ..,.~ . , ;~ ;. .. 1 ~. l(p-sso. , a (,0 ! 902 ,t, .. tj .. t" w 912 T ~ t.... 290 tJ t. .. . S ',' .t . . ..3Q ;'E I~<, ,~. .... This'prin(is'ma e soley f~urPose of assistin~t in locatitta ~aid remis~s and the company asSu~~.' , . no 1i3bilit%Jor riations. if any~ ht 'dLnellsioils anti. ',; 'I :.caticns a~se.rl i,led 'by actual surve" . (" , f ..' . JA SON cOOVtltlTlEOT 5..:. . .,oIVlSION 0 CONTiliiNIAL LANO TITLE CO, '.: , :. ' ~~ W. MAIR' Ph. 179.2811 MEDFORD. 'OREtON~. . l , : '. . : ".' ~'7N\~: " ' I,... .~<.. " .~;,;;::.. ..~~_ . . (P-4928) I " :.-~ ,.- \ ",... ..._. ....... . , .. ....,..,. .. 204 I ...... " ..._ ~ ~~ ~1l ~.:": .' 909 .. ,. .' .. (P-4678) . . .. .. . ... 7.a.. 910 T 5~12 .z~ . f .:. Tel" '. . ..~ 2tn '. 91'3 · T " 11, RR6. ., '~ (P-2484) " J3.. ,....., .,..... ~. o~.... If'. .. 7.._': I.t,. .. ",. 44"'" ,J!;: 904 I~ 9.r' . 1 .~ 400 i 4~ J. t Ii a l .. " .. .. " .. ,10 .~. 915 , .,. 1....+ c.' , ;1 ~emnrandum November 1, 1990 ~o: Honorable Mayor & city council ~ro~: Brian L. Almquist, city Administrator ~ubjed: 1700 E. Main - Sewer Connect Request The attached request from David.Lane involves property which is adjacent to the City limits. Several weeks ago, the Council approved a request by the Nazarene Church for a sewer connection sUbject to their consent to annex. (The Lane property made the Nazarene Church property non-contiguous) Attached is a map showing the location of both properties and their relationship to the present City 'limits. Annexation of the Church property is particularly important in that it would allow our city electric utility to provide electric service.' RECOMMENDATION: In light of the current request by David Lane, it is recommended that an application for annexation be processed, rather than'a request for sewer service outside the city. It is further recommended that the proposed annexation include both the Lane and Nazarene Church properties. ~emnrandum October 18, 1990 ~o: Brian L. Almquist, City Administrator ~ro~: Steve Hall, Public Works Director~.~1,~ ~ubjed: 1700 East Main Street - Sewer and Connect Request ACTION REQUESTED City Council authorize 1700 East Main Street to be connected to City sanitary sewer in accordance with Section 14.08.030 of the Ashland Municipal Code with one additional condition: + Property owner must sign in favor of participating in future sanitary sewer improvements to serve the area. BACKGROUND AND SUMMARY Attached is a letter from David Lane, owner of 1700 East Main Street, requesting connection to city sewer facilities. The property is outside the city limits but within the Urban Growth Boundary and will require application for annexation to the City of Ashland prior to allowing service to city sewers. When the City Council allowed connection of the Nazarene Church to city sewers August 21, 1990 a stipulation that "the easement will be exclusive". A copy of the minutes is attached for your reference. I have also attached a copy of my letter to David Lane outlining options for him to pursue in reference to connection to city sewers. The condition I am recommending for signing in favor of future sewer improvements is requested for the future need to resolve the overall sewer needs of this area. As with the Nazarene Church, this is a piecemeal effort to provide sanitary sewers to two landowners in the area. 1700 East Main Street October 18, 1990 Page Two City Council may allow connection to city sewers as per AMC 14.08.030 if: - There is adequate capacity within the sewer system and the treatment plant to serve the residence. - Requirements will be met by the property owner as listed in the attached section of the Ashland Municipal Code. - Applicant can meet all the requirements of the Municipal Code. - Staff 'recommends approval of application for sewer connection of 1700 East Main Street subject to meeting city requirements. cc: Mr. David Lane, applicant John Fregonese, Planning Director Jim Olson, Assistant City Engineer Dennis Barnts, Water Quality Superintendent Pam Barlow, Administrative Assistant encls: Minutes 8/21/90 Lane J~tter/easements Hall letter ijI 0: JIf rom: ~ubjed: &b\.R.~ .....~ . . _~~ L~~ A'~~..\ 'lO t"i\~~ (u C~".,;<~ (~tL_ J\~~il . \~:1-~lO'O ~emnrandum October 25, 1990 Steve Hall, Public Works Director 1700 East Main Street - Sewer and Connect Request The Planning Department has reviewed the action requested, and 'we have the following concerns: . 1) This appears to be predicated on the development of the Church of the Nazarene property adjacent to the Lane property. As stated in the City Council minutes of August 21, 1990, the plans submitted for the wetland area were to receive approval from the Division of State Lands prior to sewer connection. It is our understanding that the sewer hookup has been completed, or that a permit has been requested for this. However, we are not aware of any approvals from the State, other than the verbal statements by the Church's engineer. We believe that this documentation must be provided in order to be in compliance with the Council's order. And we believe that similar requirements should be attached to Mr. Lane's request. 2) Much of the wetland area dis'cussed during the Church of the Nazarene sewer request is located on Mr. Lane's land. Since this sewer request involves land within our Urban Growth Boundary, we would request the addition of a condition to the approval requiring that any drainage, fill, or other modifications of the wetland area be approved by the City of Ashland and Division of State Lands prior to the commencement of any work within this area. 3) Very recent issues have been raised over the validity of Consent to Annexation agreements. It appears that these may not be legally binding documents due to changes in annexation law. We believe that the City Attorney should research and respond to this prior to granting the sewer connection approval. Bikeway study (Continued) making radical changes to the Boulevard, and Laws suggested an adjourned meeting. Grant Application - Siskiyou Blvd. Engineering Plans - The discussion turned to the next item from the Bikeway Commission recommending submission of a grant application for engineering plans for the Boulevard Bikeway Project. Acklin said the study is an excellent document but until it is adopted we should not apply for the grant. Hall said the application needs to be in by September 1st. Laws moved to table the grant application, Winthrop seconded, all AYES on voice vote. Schrodt Designs, Inc. - state Lottery Funds' - A letter was received from Schrodt Designs requesting Council endorsement of their application for State Lottery Funds for business expansion. Admin. Almquist noted that they are outside of the City, but could write a letter of support. Acklin said development of wood products is a goal of the state. Laws moved to write a support, Winthrop seconded, all AYES on voice vote. City Council secondary letter 'of Memo re: 1990-91 Council Goals - City Admin. Almquist prepared a memorandum concerning progress on the goals adopted by the Council. For informatiqn only, no action taken. opacity standards for Woodstove Use - Dick Wanderscheid, Energy Conservation Coord., said the Air Quality Committee and Staff both feel the standards will be easier to enforce if they are mandated by ,the voters. Mr. Farrar, 987 Walker, +eels Ashland does not have an air quality problem and this action is not necessary. Williams moved to extend the meeting for 1/2 hour, winthrop seconded, all AYES on voice vote. Williams moved to approve the request, Winthrop seconded and the ,motion carried on voice vote. Sewer Connect Request - 1760/1780 E. Main - A request was received from the Church of the Nazarene for a sewer connect outside of the City limits. Almquist said there is a wetland issue on the property to be resolved, and a sewer easement on the other side of E. Main should be exclusive to the Church. John Seaders, Engineer, said an ,- engineering study on the wetland area was sent to the state and they have accepted it, but he did not.have that letter in hand. Acklin said she visited the site as a sanitarian for Jackson County. Laws moved to qrant the request sub;ect to confirmation that the sewer easement will be exclusive and Williams seconded. Winthrop suggested adding the condition that the building plans be approved by the Div. of State Lands and the motion and second were amended. All YES on roll call vote. PUBLIC FORUM Bob Fredinburg, 2275 Siskiyou Blvd., is upset that his letter to the Council offering property for sale for open space purposes, was responded to by the city Administrator. Regular Meeting - Ashland City Council - August 21, 1990 - P. 4 f'~ r~(\~., .('\ -.j." ' ""'J'/,:.~,~, ~;:- )) < m.~l'<) r~ r~: [. c ~ iV' c'D [;p~TE ocr 1 8 199.r: City of Ashland Steve Hall, Dir. of Public Works 20 E. Main St. Ashland, OR 97520 Oct.18, 1990 Dear Mr. Hall, As per your request, enclosed, are copies of the proposed easements which would be necessary for us to run our sewer pipe across the Nazarene Church's property and the Piersons' property. Neither of these have been accepted and both are being revieweQ by the Grantors respective attorneys, however I suspect that there will not be major changes in either one. I have discussed the options you mentioned in your 9-26-90 letter with the Piersons and they maintain that they will not change their require~ents for granting a public easement: inclusion of a portion of their property into the urban growth boundary and waiver of the connect and systems development fees for the residences on their property. Because of the Piersons' stance, our next best option is to ask for connection to the City sewer system. If you require any other information, please let me know. Thanks. Yours truly, p~.L David Lane 1700 E. ,Ma inS t . Ashland, OR 97520 482-8866 home 773-6611 work GRANT Of EXCLUSIVE EASEMENT fOR SANITARY SEWER i n c: () n sid e i~ a t~ -; () n 0 -f the s u en 0 f $ '1 . 0 U.. r h e~ IIJ.. ~: h'i .,3 n d C rl u r c h () f the Nazarene. Grantor. convey to David and Patricia Lane. Grantees. a pel~petual and exclusive easement to I",!se a s.tr'''iP of land 20 fe<::,t ~In ~/,I i (3 t !N;. t i', .;;' "=~ en t e to, -; ~; II e 0 "f \1.,1 h ~ C i-: i:;:; "!.: ate (2 a :::~ f 0 I -j C> VJ S c,:: :-. 0 s s the P("(>PE;'" .; f the (:; r" ant 8',' 2~ : A line. beginning at the northerly edge of the Church's proper~y \I\'rlsre t:-le Church' ssewer 'I -i ne n.Jns undei~ E. tvla"j n St.. paralleling the church's sewer line until it meets a line t~ u n Ii ~ n.;:1 sub s tan t i a 'j -I:"i E a s t to v'J est. 'lac ,-;:;t e d 5 0 fee t. sou tho r .:5: n (J essentially paralleling the center line of East Main Street. sa i d -j i ne extend -, ng wes t. t.e:' meet an otJ'ler" '1";, r'E' at appr'c.>: i ma te -j \/ 135 degree angle extending from the Grantee's residence. thence extending UP this angled line to the Grantees' property located at 1700 E. Main Street. Ashland. Oregon. also know as Tax lot 9 0 9. 3 9. 1 E. 'j 0 D. ( See a t t a c h e d d i a 9 t~ a i:; . ') fhe Terms of this easement are as fol16ws: -'I ~ (~:i i- a tl t~ e e ~:: and t. h e i r a q en t s c. ":j (I d e pen den t. C 0 rl t (' !!:~ c:: to t- s a rf c:; i n y' i tee s shall use ~he easement strip for sanitary sewer purposes only. and the grantees may construct and maintai~ therein a sanitary sewer pipe. 2. The use of the said easement by Grantees shall be exclusive and the sewer pips shall serve only the property of the Grantees. located at 1700 E. Main Street. Ashland. Oregon and no other. This easement shall /"'<.:::ma i n in cff ec t and sha i -i becomE- p a I'" ~: of th c: deed V',inen th '';:: G~~ .:',f"l t e:es :3 ell ()r ()t ,''': er~ irJ is e ell S p os e of thE: ;.:;. j- 012' erot.:,/ , ,_, C'; 1'" a nt,;:es a (J, :" e8 a n d~_ c,'v'en ant to::> "; n d erni"j f \; '::" n d (:, ;;;' + en C (:;t'. a Ii t c.~." f t oni .51 ('I V 1 c' s s . claim (';0 r- 'I i a b i i i t, .yt Co C; j- a n 't C) r a ,-' :~c~': n q Ci n a n './ : n ann E3 (' f r- 0 m Grantees use of he easement strle. Grantees Bssume all risk 5;-ls1ng out of their use of the easement strip and Grantor shall have no -I i a b i -I -1 t y toG t"" ant e e s 0 r' 0 t h 8F s f c;. :~' any con d '1 t i 0 (I ex i s t 'i n 9 the r e -i n CH'" thereon. 4. This easement shall be perpetual; however. in the vent that it is not used by the Grantees for a period of five years, or if otherwise abandoned by Grantees. the easement shall automatically expire and Grantees shall~ upon request. execute a recordable document evidencing such expiration. 5. This easement is granted subject to all prior easements and encumbrances of record. situate in the real property owned by Grantors in Jackson County, Oregon as described in Exhibit A attached hereto. Page 1 - Grant of Exclusive Easement in W tnes$ Whereof. th~'0arties have caused this instrumen~ to be execu~ed effective the date of ~~? Slqn~n9 below. The Ashland Church of the Nazarene b~: ..... ... ............ ....................-... GI~ a n +~or ..... .................... . .. . ...-......................-- ....... David Lane. Grantee .......... .... ........... ....,_...._.... . .' _, ........_..._......... .n Patricia Lane. Grantee Page 2 - Grant of [xc~usive Easement Date ........................... Date . . ..................... .- Date -~t ----_#....~~..-.- -:-;:l ~ !' If1 m VI' ~"'\1'> ~"'~ nt~. ',,--. L.Dr q 1/ fl) X );' ~ '><. ~ ~ ~1 -r '" 0 " (\ \: ~ ~ '"i :t ~ ~ '-. @J 'h () '-1 ~ '-.] ~ C/) ~ ~ ~ ~ (J ~ C/) GRANT OF COMMON EASEMENT FOR SANITARY SEWER In consideration of the sum of $1.00. William R. Pierson and Gwen Jones Pierson~ Husband and Wife! Grantors! convey to David and Patricia Lane~ Grantee, a perpetual and common easement to use a strip of land 20 feet in width, the centerline of which is located as follows across the property of the Grantors: Beginning at a point which is located on the northerly right of way line of the East ,Extension of Main Street ,in the City of Ashland, Oregon! which point bears west 306.45 feet and south 337.30 feet from the N.E. corner of the Donation Land Claim No. 45 , which DLC corner is located on the north line of Ashland Acres~ an official plat now of record, marked by a 3/8" iron pipe; thence running N. 07' W. ~ 293 feet more or less to the centerline of a 12" diameter sanitary sewer, belonging to the City of Ashland, Oiegon. The Terms of this easement are as follows: 1. Grantee, and their agents, independent contractors and invitees shall use the easement strip for sanitary sewer purposes only~ and the grantee may construct and maintain therein a sanitary sewer pipe of no more than 4" diameter. The sewer pipe shall, serve only the single residence of the Grantee, located at 1700 E. Main Street, Ashland~ Oregon, and no other. This easement shall remain in effect and shall become part of the deed when the Grantee sells or otherwise disposes of the residence. The use of the said easement by Grantee shall be in common with the easement granted by the Grantor to the Ashland Church of the Nazarene. 2. It is expressly agreed by Grantee and reserved by Grantor that any use of the easement! except by the Grantee! and any sewer installed thereiri by the general public and/or by the City of Ashland and any trespass consented to by Grantee upon the easement by the City of Ashland, its agents. or employees shall extinguish this easement forever and render it nullity. It is furthermore expressly agreed by Grantee that any voluntary agreement or permission granted by them to the City of Ashland to connect any sanitary sewer pipe installed within this easement to any public or municipal sewer, other than at the northerly terminus of the easement as described hereinabove, shall extinguish the easement and all rights and appurtenances thereof forever. 3. Grantee agrees and covenants to indemnify and defend Grantor from any loss, claim or liability to Grantor arising in any manner from Grantee's use of the easement strip. Grantee assu~es all risk arising out of their use of the easement strip and Grantor shall have no liability to Grantee or others for any condition existing therein or thereon. Page 1 - Grant of Common Easement 4. This easement shall be perpetual; however, in the vent that it is not used by the Grantee for a period of five years, or if otherwise abandoned by Grantee, the easement shall automatically expire and Grantee shall, upon request, execute a recordable document evidencing such expiration. S. This easement is granted subject to all prior easements and encumbrances of record, situate in the real property owned by Grantors in Jackson County, Oregon as described in Exhibit A attached hereto. In Witness Whereof, the parties have caused this instrument to be executed effective the date of its signing below. William R. Pierson, Grantor Date Gwen Jones Pierson, Grantor Date David Lane, Grantee Date Patricia Lane, Grantee Date Page 2 - Grant of Common Easement September 26, 1990 I co~. ~ 1'^\' . ). David Lane 1700 East Main street Ashland, Oregon 97520 Re: Sewer Connect Request ,1700 East Main Street Dear 'David: The City Council approved the Nazarene Church connection to the sewer on August 21, 1990. The approval was based on the use of the line to be exclusively for the Nazarene Church. During the negotiations with the Nazarene Church, every effort was made to, construct public sewers as per our master plan, but a reasonable agreement could not be reached with the Pierson's. Under these conditions, staff recommended approval of the Nazarene Church with a provision that they agree to participate in the future costs of a public sewer in accordance with the City of Ashland sewer master plan. The City council was very firm in their limiting the connection to only the Nazarene Church. I recommend that you check with your neighbors and see if there is any potential of forming a local improvement district to construct sewers to serve the entire area. I cannot recommend to the city council that we continue to allow "piece meal" connections to the City's sewer system. A second option would be the easing of the requirements by the pierson's for an easement for a City sewer which could serve the entire area surrounding your property. The City is willing to pay a reasonable price for an easement, but cannot grant connections as requested outside the Urban Growth Boundary. You might wish to pursue that option with the Pierson's. David Lane September 26, 1990 Page Two I am enclosing the sections of the Ashland Municipal Code that outline the requirements for connection to City sanitary sewers for your reference. I am forwarding a copy of my letter and your request to the Council as information. Sincerely yours, steven M. Hall, P.E. Public Works Director cc: Brian Almquist, City Administrator Mayor and City Council Jim Olson, Assistant City Engineer Pam Barlow, Administrative Assistant encl: Lane letter Council Minutes (8/21/90) AMC 14.08.030 THE HONORABLE CATHY GOLDEN & THE ASHLAND CITY COUNCIL ASHLAND CITY HALL ASHLAND OR 9?S20 OCTOBER 22, 1990 SOSC STUDENTS ACTIVE FOR THE ENVIRONMENT encourage you to hold hearinas and pass an ordinance bannina high phosphate detergents. We believe the need ~or such a ban is imperative to help clean up Bear Creek and to maintain Ashland's image as a leader in environmental responsibility. We realize that phosphates are not the only pollutants that Ashland emits into Bear Creek and that banning phosphates will not impact these contaminants, but we believe that a,phosphate ban isa necessary, cost-effective, and easily implemented ~irst step for the City. Ue are attachina a draft ordinance written by THE SOSC RECYCLING PROJECT for your consideration. We would also sUl2est that requirina clear, understandable shelf-Iabellina might be a productive first step_ Respectfully, SOSC STUDENTS FOR THE ENVIRONMENT SU ACTIVITIES OFFICE ASHLAND OR 91520 (~f )~' \ ~;~ ~N~IJ 1l6Uu1b- .~ M\YVv(svu?~ (-~ -:> ~J~ 0/UML S0 ~ CIIt-~ /J /) Jl U~ f/l ~ . /(~ tLL4LN~ 1z~\!j(~ ;gt::;;J.' ..?~~ -n4~ ~~~a ~~ ~1- f ;tJoc SOSC RECYCLING PROJECT DRAFT PROPOSAL ORDINANCE NO. AN. OROINANCE OF THE CITY OF ASHALND ADDING A NEU CHAPTER TO THE MUNICIPAL CODE RELATIVE TO A BAN ON CERTAIN DETERGENTS CONTAINING PHOSPHATES. THE CITY COUNCIL OF THE CITY OF ASHLAND FINOS~ 1. The City of Ashland values the protection and preservation of our natural environment. 2. Ashland's sewage treatment facility exceeds state and federal guidelines for phosphate emissions Into Bear Creek. 3. Excessive phosphate in Bear Creek can lead to algae growth) eutrophication and bacterial contamination. 4. The City of Talent gets its water supply downstream from the Ashland sewage treatment facility. s. laundry and dishwashing detergents typically account for 40- 65~ of the phosphate entering a municipal sewage treatment facility. 6. Ten states and various municipalities have banned the sale of detergents containing phosphates with positive environmental results. 1. Several low-phosphate market in Ashland. detergents are currently on the 8. Most high-phosphate detergent brand$ available in areas with phosphate formulations. marketed locally are bans in low-phosphate 9. Infra-structure modifications to reduce phosphate (i.e.) tertiary sewage treatment) will cost .illions of dollars and take years to implement. 10. The Council finds that this ordinance will serve the public interest by reducing the amount of phosphate entering Bear Creek. 11. This o!dinance will bring Ashland closer to compliance with state and federal requirements for phosphate emissions. 12. The Council finds that this ordinance will reduce the economic burden on Ashland residents of expanding the sewage treatment facility or finding other outlets for Ashland's sewage effluent. NOW THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND 00 ORDAIN AS FOllOWS: SECTION 1. A new Chapter is hereby added to the Ashland Municipal Code and shall read as follows: "Chapter Sections: .020 .030 _.040 .050 .010 Phosphate detergents declared Definitions Phosphate detergents banned Enforcement Exemptions a nuisance .010 Phosphate Detergents Declared Nuisance. The introduction of phosphate detergents in public sewage treatment facilities is hereby declared a nuisance. The presence of phosphate in streams, lakes and other waterways has been identified as a major contributor to algae growth, eutrophication and bacterial contamination of the earth's water resources and thus is a menace to the public health. .020 Definitions. 1. "Detergent" means a cleansing agent used for laundry, dishwashing, or automatic d1shwashing purposes, and includes detergents in liquid or concentrated form, pre- soaks, stain removers, and bleach. 2. . "Person" means partnership, or organized. any natural person, other organization firm, corporation, or group' however 3. "Phosphorus content" phosphates. means phosphorus in the form of .030 Phosphate Detergents Banned. ,. Effective March " 1991, no person shall sell laundry detergents with a phosphorus content in excess of 10.0S. 2. Effective June " 1~91J no dishwashing detergents with a of 6.S~. person shall sell laundry or phosphorus content in excess 3. Effective detergents shall any phosphorus January " 1992, no person shall sell laundry with a phosphorus content in excess of O.SS, nor person sell dishwashing detergents with a content in excess of S.OS. .040 Enforcement. The City Attorney, upon determination that a violation of this ordinance has occurred, shall issue a written notice of the violation by certified lDail to the person which will specify the violation and appropriate penalty. Violntions of this ordinance shall be deemed 8n infraction, Gnd shall be punishable as set forth in Section 1.08.020 of the Municipal Code. The person shall, upon receipt of a notice of violation, pay to the City the stated penalty, or appeal the finding of a violation to the Ashland Municipal Court by requesting a hearing within 15 days of receipt of the notice. .050 Exemptions. The City Council, or its appointee, may exempt a person from the requirements of this ordinance for a six .onth period, upon a showing by the applicant that the condition~ of this ordinance would cause undue hardship. The phrase .undue hardship. shall be construed to include but not be limited to: 1 . Situations where the seller acquired stock. is liquidating previously 2. Situations where the detergent for use in an Ashland sewage system. seller supplys a area which would purchaser with not impact the SECTION 2. Severability. If ordinance or the application circumstance is held invalid, including the application of such persons or circumstances, shall not continue in full force and affect. this ordinance are severable. any part or provision of this thereof to any person or the remainder of the ordinance~ part or provision to other be affected thereby and shall To this end, provisions of LOU PHOSPHATE BUYER'IS GUIDE Phosphate Free liquid laundry Detergents Yes, Cheer Free, Dash, Purex, Ivory Snow, Uisk, Surf, Bold, Era, All, Arm & Hammer, Tide low Phosphate Concentrated laundry Detergents OS Ivo~y Snow, Uhite King, Sun, Par, Purex, Woolite .2SS Arm & Hammer .SS All, Cold Power, Ajax High Phosphate Concentrated laundry Detergents 3.?S Dash SS Clorox, C-20 S.8S Oxydol 6~ Cheer 6.1S Thri-fty 6.3S Fab 6.SS Tide with Bleach 6.6S to 9.8S Tide ?S Uhi te Ka2ic , ? . , ~ Bo I d ?SS Sur-f * 13.9S Fab 1 Shot (packaged in plastic trays) * NEVER USE * 1?SS Fresh Start (packaged in plastic bottles) * NEVER USE Phosphate Free Bleach Snowy Fabric Dry Bleach, Vivid Fabric Safe Bleach, Purex, Clorox, Purex Dry Bleach, Boratee., Arm & Ha..er Dry Bleach, Clorox 2 Dry Bleach High' Phosphate Bleach * 1?2S Biz Bleach (only bleach with phosphates) * NEVER USE Automatic Dishwasher Detergents 4S Sunlight liquid S.9S Cascade liquid 6.'S All, Sunlight 6.3~ Palmolive liquid 7.1S Electrasol 8. 1~ Cascade 8.3S lemon Cascade 8.?S tJhite Magic , , Survey conducted by the sose Recycling Project 3/90. ASHLAND PARKS AND RECREATION COMMISSION CITY HALL · ASHLAND, OREGON 97520 · 488-5340 PARK COMMISSIONERS: KENNETH J. MICKELSEN Director PATRICIA ADAMS JEAN M. CRAWFORD . LEE HOWARD TOM PYLE J'ULlE REYNOLDS October. 31, 1990 Honorable Mayor and city Councilors City of Ashland Ashland, Oregon 97520 RE: Lawrence gift Dear Mayor and City Council Members: The Ashland Parks and Recreation staff along with assistance from city staff has now formalized the donation of thirty (30) acres of land for open space park purposes. The donation is being made by the Lawrence family and the land is located on the east slope above Granite street overlooking Lithia Park. The Lawrence property has been identified on the open space park map that was adopted by the city. According to City Charter Article XIX pertaining to the Open Space Park Program, Section 2 states that both the Ashland Park Commission and the City Council must agree upon land or easement to be acquired for open space park purposes. At a meeting of both Council and Commission this parcel of land was discussed and at that time both groups agreed to acquire the land. The Ashland Parks and Recreation Commission recommends that the City Council accept the Lawrence donation per deed restrictions for open space park purposes and dedicate it for park purposes. Sincerely, p~ %'hlMJb.J, 'D~ Thomas W. Pyle, Chair ASHLAND PARKS AND RECREATION COMMISSION cc: Brian Almquist, City Administrator John Fregonese, Planning Director Home of Famous Lithia Park _ ___ -L RONALD L. SALTER ATTORNEY AT LAW 94 THIRD STREET ASHLAND, OREGON 97520 (503) 482-4215 October 29, 1990 MEMORANDUM TO: Mayor and Members of the City Council FROM: Ronald L. Salter, City Attorney SUBJECT: Lawrence Gift Deed Ladies and Gentlemen: Delivered herewith is the original of a Deed from the Lawrences to the City of Ashland and covering some 30 acres. This has been negotiated by the Parks Department and is to be open space for the City. The conveyance is a gift to the City at no expense to the Ci ty except for the $1,000.00 attorney's fees incurred by the Lawrences. It is requested that a motion be made and passed accepting this Deed. I believe Ken Mickelsen will either give you more explanatory matter or will be available for the November 6, 1990, meeting to answer any questions concerning all of this that you may have. It is also my understanding that this land should be dedicated to the Parks Department. 7J1r;:: ~Ubmittedl ~~~ SALTER City Attorney RLS/kr Enclosure cc: Mr. Ken Mickelsen BARGAIN AND SALE DEED NHL HOLDINGS, a California Limited Partnership, hereinafter called "Grantor", conveys to the CITY OF ASHLAND, OREGON, a Municipal Corporation, of the State of Oregon, hereinafter called "Grantee", all that real property situated in Jackson County', State of Oregon described as: Code 5-1 Account 1-6085-9 Map 39 IE 8DC Tax Lot 100 Code 5-1 Account 1-6086-7 Map 39 IE 8DC Tax Lot 200 Code 5-1 Account 1-6092-3 Map 39 IE 8DD Tax Lot 300 All as more particularly described on Exhibit "A" which is attached hereto and incorporated herein and at the bottom of which bears the notation I' P ag e 2 of 3 CPI-788l5", and which bears the signature of either NANCY BLACK LAWRENCE or HENRY LAWRENCE. Subject to the following conditions subsequent: 1. That the subject land shall be used only as open space as that term is presently defined in ORS 308 . 740 ( 1 ) ( A) , (B), (C) and (E), it being the intent that the subject parcel shall be preserved as much as possible in its natural umimproved state for passive enjoyment. 2. That the Grantor, its heirs, successors, and assigns, as to parcel 39lE8DD TL400 shall be p~rmitted to siphon water from the irrigation channel which traverses said parcel, and which 'is on the same terms and conditions as other presently existing users are presently allowed to take water in the future. 3. That the City of Ashland shall not require Grantor, its heirs, successors, or assigns, as to parcel 39lE8DD TL400, to permit placement of any public hiking trail, or similar facility on said parcel, or place such facility on said parcel under power of eminent domain. 4. That the City of Ashland shall pay to Grantor their attorney I s fees incurred in this donation of property, it being unerstood that said attorney I s fees shall not exceed ONE THOUSAND DOLLARS ($1,000.00) and to be chargeable at the rate of ONE HUNDRED FIFTY DOLLARS ($150.00) per hour. -1- Bargain and Sale Deed RONALD L. SALTER ATTORNEY AT LAW 84 THIRO aTRlii:lii:T ASHLAND. OREGON 97520 5. Grantee, by acceptance of this Deed acknowledges that the subject property may be landlocked, and specifically waives any claim to any easement of nec.essi ty or other access rights to the subject property over any other lands owneq by Grantor, it being acknowledged that Grantee has available to it the power of eminent domain to obtain an access. Should Grantee, its successors and assigns fail to adhere to the foregoing conditions, Grantor, its successors and assigns as to parcel 39lE8DD TL400 shall have the power to terminate all right, title and interest of Grantee granted by this Deed, and shall thereupon have and enjoy all this property forever as if this deed had not been made. This conveyance is a gift by the Grantor to the Grantee. The true and actual consideration for this transfer is the kind feelings and affection that the Grantor has toward the City of Ashland, the Grantee. The Grantee acknowledges that the property hereby conveyed to it has at the present time a fair market value of SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00). Until a change is requested, all tax statements should be sent to the following address: City of Ashland, 20 East Main Street, Ashland, Oregon, 97520. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING AND ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. D ted this ~jc1day of O(1~ , 1990 )$7~?p~~ , 1990, per sonall y appeared NANCY BLACK LAWRENCE and HARRY LAWRENCE, consti tute all of general partners of NHL HOLDINGS, a California Limited Partnership and acknowledge the foregoing instrument to be the voluntary act and deed of said Limited Partnership. . ;1 /~/// ~fi., ::/ ~~ " i-/' Notary &\iblic for Q-.rl.!._"'- ~ My Commission expires: F L HUGH J. SCAllON NOTARY' PUBLIC - CALlFORN1A ORANGE '00UfiTY My comm, expires IMt\R 4. 1994 d RONALD L. SALTER ATTORNEY AT L.A.W @\\t THIRe @TR~!IT Aet-4LANO. OREGON 97!20 PRELIMINARY TITLE REPORT' I~al Description of Real Property belQg searched: A tract or parcel of land situated in the Southeast quarter of Section 8, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon, and being more fully described as follows: Commencing at a found pipe and bronze disk situated at the intersection of the centerline of Granite Street with the section line common to Sections 8 and 9, said Township and Range, said monument bears South 000 06' 52" East, W27.32 feet from a found 8 inch by 9 inch sandstone with an X chiseled in the top, situated at the quarter comer common to Sections 8 and 9, said Township and Range; thence North 000 06' 52" West along the section line common to Sections 8 and 9, a distance of 709.38 feet to the Northeast comer of the South half of the Southeast quarter of Section 8, said Township and Range; thence leaving said section line, South 8g- 56' 02" West along the Northerly boundary line of the. South half of the Southeast quarter of said Section 8, a distance of 485.54 feet to a found 5/8 inch'iron rod situated 'at the Northwest comer of that tract or parcel of land as surveyed and set forth on Recorded Survey Nos. 10050 and 10050A and filed in the office of the Jackson County Surveyor; thence continue South 8g- 56' 02" West along said Northerly line 500 feet to the Northeast comer of that tract described in Document No. 87-11775, said Official Records; thence South along the East line of said tract 87.125 feet to the Southeast comer thereof; thence West along the South line of said tract 250 feet to the Southwest comer thereof; thence North along the. West line of said tract 87.125 feet to the Northerly line of said South half of the Southeast quarter; thence South..8g- 56' 02" West along said Northerly line 70 feet, more or less, to the Southeast 1/16 comer of said Section 8 and the true point of beginning; thence continue South 8g>> 56' 02" West along said Northerly line 1320 feet, more or less, to the Northwest comer of the Southwest quarter of the Southeast quarter of said Section 8; thence South along the West line of said quarter-quarter, a distance of 1019.7 feet to. intersect that Boundary Line Agreement recorded as Document No. 80-01390, said Official Records; thence East along Said Boundary Line Agreement, 1320 feet, more or less, to the Southwest comer of that tract described in Document No. 86-16304, said Official Records; thence North O~ 15' 21" East, along the Westerly line of said tract 693.03 feet to the Northwest comer thereof; thence continue North 020 15' 21" East 330 fcet, more or less, to the true point of beginning. NHL HOlDINGS A CAliFORNIA UMITED PARTNERSHIP an estate in fee simple :f(f::'. +r~ Vesting shown by public records: Page 2 of 3 CIl - 78815 JHemnrnndum October 31, 1990 ~o: city council ~rom: ~'ubjett: Pam Barlow, Pub. Wrks. Admin. Asst. Remova'l of "Bikes on sidewalk" signs The Bicycle commission recommends that council request the State Department of Transportation remove the "Bike Route on sidewalk" signs as well as the "stop" and "Yield" signs on the siskiyou sidewalk bikepath. The Bicycle commission strongly feels that these signs should be removed and replaced with "Bike Route" and "Bicycles on Roadway" signs to alert motorists that the sidewalk is not the only legal route for bicyles on. Highway 99. The intent is to allow bicyclists who feel confident and comfortable in mixing with traffic to do so as is allowed by state st~tute. The second intent is to minimize the conflict between pedestrians, bicylists and joggers who jointly use the sidewalks. Allen Drescher, Ashland Municipal Judge, has advised the Bicycle commission that the yield and stop signs for bicycles on the sidewalks are not enforceable unless the bicyclist. is traveling at or below pedestrian speed of 5 miles per hour. It has been observed that most bicyclists ignore the stop and yield signs while motorists expect the bicyclists to obey those signs. In addition, motorists often expect those bicyclists riding in the traffic lane to obey the bicycle stop and yield signs. Several 'accidents have occured due to those factors. The Bicycle commission respectfully requests the council to have staff sign and forward the letters on their behalf. cc: Allen Drescher RONALD L. SALTER ATTORNEY AT LAW 94 THIRD STREET ASHLAND. OREGON 97520 (503) 482-4215 October 18, 1990 MEMORANDUM TO: Mayor and Members of the City Council FROM: Ronald L. Salter, City Attorney SUBJECT: Noise Regulation Ordinance Ladies & Gentlemen: For your ready reference, enclosed is a copy of the memorandum I wrote to you on October 5, 1990 ~ It raises the question as to whether addi tional words should be added to the noise ordinance that is presently before you. I hav.e now heard from the League of Oregon Cities with respect to noise regulations and they have not found any cities where the type of neighborhood is considered. Accordingly, it appears appropriate for you to consider whether you wish to pass the noise ordinance as it has been written or whether you wish to have added to it words providing that the Judge or jury would take into consideration the character of the neighborhood in which the noise is made and in which the noise is heard in making its decision. ~~_rsl R{sALD L. SALTER City Attorney RLS/kr Enclosure RONALD L. SALTER ATTORNEY AT LAW 84 THIRD STREET ASHLAND. OREGON 97520 (503) 482-4215 October 5, 1990 TO: Mayor and Members of the City Council FROM: Ronald L. Salter, City Attorney SUBJECT: Noise Regulation Ordinance .Ladies and Gentlemen: At the last meeting I asked that the Amendment to Noise Ordinance be put off as I wished to do further research. I suspect that you will be receiving inquiries as t~ my reasons for doing this. Last week Sharon Thormahlen called indicating that she was being assaulted by noise from Shakespeare and wished to cite it for unreasonable noise. I pointed out to her that our unreasonable noise ordinance was not in effect at this time due to a previous decision by the Municipal Court Judge. As I consider all of this, it seems to me that there is a question as to whether, in determining what is an unreasonable noise I. should the character of the neighborhood be taken into consideration. The amendment to the noise ordinance adding such language would be as follows: -The standard for judging loud, disturbing or unnecessary noises shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the noise is made and the noise is heard.- The words underlined above would be the words added if the neighborhood is to be considered. At this point, I am asking the League of Oregon Cities to give me' sample ordinances from other cities where they have considered, if they have, the neighborhood. Mayor and Members of the City Council October 5, 1990 Page 2 As all of this is considered by me, it .seems that what is unreasonable noise in one neighborhood may not be unreasonable noise in another. We will, of course, continue to keep you fully informed. Respectfully submitted, RONALD L. SALTER City Attorn~y RLS/kr . ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE WITH RESPECT TO UNNECESSARY NOISES AND DECLARING AN EMERGENCY. THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS: SECTION 1. read as follows: uB. The standard for judging loud, disturbing, or unnecessary noises shall be that of an average, reasonable person of ordinary sensibilities. Such noises which are in violation of this section include but are not limited to the Section 9.08.170 B, is hereby amended to following:" SECTION 2. Due to the fact that at present there is not an ordinance governing.and prohibiting unnecessary noises, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after the date of it's passage by the Council and approval by the Mayor. The foregoing Ordinance was read and duly approved at a regular meeting'. of the City Council of the City of Ashland on this_day of , 1990. APPROVED: MAYOR ATTEST: CITY RECORDER J. RONALD L. SALTER ATTORNEY AT LAW 94 THIRD STREET ASHLAND, OREGON 97520 ORDINANCE NO. AN ORDINANCE ADOPTING AN AMENDMENT TO THE ASHLAND COMPREHENSIVE PLAN MAP FROM HIGH DENSITY RESIDENTIAL AND SINGLE FAMILY RESIDENTIAL TO MULTI-FAMILY RESIDENTIAL (ANDERSON\DIAMOND, APPLICANTS) THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The Ashland Comprehensive Plan Map as adopted by Ordinance No. 2227 is hereby amended by changing the designation of Tax Lot 39-1E-14C-1900 from High Density Residential and Single Family Residential to Multi-Family Residential. The foregoing ordinance was first read on the day of , 1990, and duly PASSED and ADOPTED this day of . 1990. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1990. Catherine Golden Mayor ORDINANCE NO. AN ORDINANCE OF THE CITY OF ASHLAND RE-ZONING CERTAIN PROPERTY FROM R-3 AND R-1-7.5 TO R-2 (ANDERSON\DIAMOND, APPLICANTS) THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The property described as Tax Lot 39-1E-14C-1900 and shown as that property located at 2300 Siskiyou Boulevard is hereby rezoned from R-3 (High Density Residential) and R-1-7.5 (Single Family Residential) to R-2 (MUlti-family Residential). The foregoing Ordinance was first read on.the ____ day of 1990, and duly PASSED and ADOPTED this ____ day of 1990. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1990. Catherine M. Golden Mayor , ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE -- LAND USE ORDINANCE -- WITH RESPECT TO RESTRICTING ALLOWABLE GRADES ON DRIVEWAYS AND FLAG DRIVES. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. A new section shall be added to Section 18.08 of the Ashland Municipal Code and shall read as follows: "18.08.195 Driveway. An accessway serving a single dwelling unit or parcel of land, and no greater than 150' in length. A flag drive serving a flag lot . shall not be a driveway. Single dwelling or parcel accesses greater than 150' in length shall be considered as a flag drive, and subject to all of the development requirements thereof." . SECTION 2. A new section shall be added to Section 18.68 of the Ashland Municipal Code' and shall read as follows: "18.68.150 Driveway Grades Grades for new driveways in all zones shall not exceed a grade of 20% for any portion of the driveway. All driveways shall be designed in accord with the criteria -of the Ashland Public Works Department and approved prior to issuance of a c~rtificate of occupancy for new construction. All vision clearance standards associated with driveway entrances onto, public streets shall not be, subject to the Variance section of this title." SECTION 3. Section 18.76.060 C. of the Ashland Municipal Code shall be amended to read as follows: "C. The flag drive for one flag lot shall have a minimum width of 15 feet, and a 12 foot paved surface. For drives serving two lots, the flag drive shall be 20 feet, with 15 feet of pavement to the back of the first lot, and 12 feet, respectively, for the rear lot. Drives shared by adjacent properties shall have 'a width of 20 feet, with a 15 foot paved surface. Flag drives shall be constructed so as to prevent sunace drainage from flowing over sidewalks, other public ways or adjoining properties. Flag drives shall be in the same ownership as the flag lots served. There shall be no parking for 10 feet on either side of the flag drive entrance. Flag drive grades shall not exceed a maximum grade of 15%, unless the topography requires a greater grade t~an 15% in which case, a grade of no greater than 18% may be permitted for no more than 200 feet." SECTION 4. . Section 18.88.050 B. of the Ashland Municipal Code shall be amended to read as follows: "B. Street Grade Street grades for dedicated streets and flag drives shall be as follows: 1. Street and flag drive grades shall not exceeq a maximum grade of 15%, unless the topography requires a greater grade than 15%, in which case a grade of no greater than 18% may be permitted for no more than 200 feet. 2. No street or flag drive grade shall exceed 18%. Streets requiring grades exceeding 18% shall be considered unacceptable. No variances may be granted which permit a street or flag drive grade greater than 18%." The foregoing ordinance was first read on the 6th day of November. 1990 and duly PASSED and ADOPTED this day of , 1990. Nan E. Franklin City Recorder day of , 1990. SIGNED and APPROVED this CatherineM. Golden Mayor ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE -- LAND USE ORDINANCE -- WITH RESPECf VISION CLEARANCE STANDARDS AND NOT ALLOWING VARIANCES TO THOSE STANDARDS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. A new subsection D shall be added to Section 18.68.020 of the Ashland Municipal Code and shall read as follows: "D. The vision clearance standards established by this section are not subject to the Variance section of this title." SECTION 2. A new subsection c. shall be added to Section 18.72.100 D. 3. of the Ashland Municipal Code and shall read as follows: "c. The vi~ion clearance standards established by this section are not subject to the variance section of the title." SECTION 3. Section 18.92.070 D. of the Ashland Municipal Code shall have the following amendment. added to the end of the existing section: "The vision clearance standards established by this section are not subject to the Variance section of this title." The foregoing ordinance was first read on the 6th day of November. 1990 and duly PASSED and ADOPTED this day of , 1990. . Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1990. Catherine M. Golden Mayor ~emnrandum October 30, 1990 ijI 0: City Council Jff rom: Bicycle Commission ~ubjed: Changes to the Municipal Code The Bicycle Commission respectfully requests that the Council make changes to sections 11.52.020.C and 11.52.030.K of the Municipal Code relating to bicycles. The change to section 11.52.020 changes the word "device" to the phrase "audible signal". This would make the use of vocal signals legal. The second change, to section 11.52.030, would allow bicycles to park against specially designated light poles. The Bicycle Commission envisions marking certain light-posts as bicycle parking. ORDINANCE NO. AN ORDINANCE AMMENDING ASHLAND MUNICIPAL CODE TO MODIFY AND REENACT IN ITS ENTIRETY CHAPTER 11.52 WHICH RELATES TO BICYCLES. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. section 11.52.020. C of the Ashland Municipal Code shall be amended to read as follows: C. "Audible Siqnalinq Device". A bicyle rider .using any sidewalk must make an audible signal to warn pedestrians they are approaching from the rear, and at a distance to allow the pedestrian to move to the right in order to allow passage of the bicyclist on the left of the pedestrian. SECTION 2. Section 11.52.030.K of the Ashland Municipal Code shall be amended to read as follows: K. "Parkinq". No person shall park a bicycle upon a street, other than in the roadway and against the curb, or against a lamppost designated for bicycle 'parking, or in a rack provided for the purpose of supporting bicycles, or on the on t;.he curb in a manner so as to afford the least obstruction to pedestrian traffic. When a parking rack is provided, no person shall park a bicycle except in such a rack and within a distance of three hundred (300) feet of such a rack. The foregoing Ordinance was first read at a regular meeting of the Common Council held on the day of 1988, and passed to its second reading and duly passed on the day of , 1988, the vote being as follows: Ayes: Nays: APPROVED: MAYOR ATTEST: CITY RECORDER Ordinance No. -_._-_......._._--..~-_.- ..---........-. .----"--....--..... October 10, 1990 ~\\~ ~emnrandum ijl' n: Brian Almquist, City Administrator JIf rom: Robert D. Nelson, Risk Management Analyst ~ubjtd: Opportunity to Reduce Insurance Premium Expense For purposes of funding liability claims, the City has for several years participated in the City- County Insurance Services risk pool. (The C.C.I.S. is co-sponsored by the League of Oregon cities and the Association of Oregon Counties). This program has enabled the City to achieve not only "premium" stability, but substantial out-of-pocket savings as well. The C.C.I.S. now offers an improved program for funding property damage losses from fire, windstorm and the like. Basically, the program consists of risk pooling, plus commercial reinsurance for excess losses. The City would retain $10,000 annual aggregate as in the past. The new approach differs from the existing plan primarily because of the pooling feature. In earlier years, C.C.I.S. property loss coverage was essentially a mechanism whereby commercial insurance could be purchased wholesale. I have examined the new program and concluded that it, together with other cost-saving efforts on our part, will achieve an up-front saving of about $2,800 per year, plus stability or even reduction of future years' "premium" costs. The risk is practically zero. Because of the switch from wholesale insurance purchasing to a pooling arrangement, the C.C.I.S. requires adoption of a resolution (see attached) . Respectfully submitted, RObe~elson Risk Management Analyst cc: Nan Franklin, City Recorder Jill Turner, Director of Finance ~ RESOLUTION NUMBER 90- A RESOLUTION REGARDING MEMBERSHIP IN THE CITY/COUNTY INSURANCE SERVICE TRUST PROPERTY SELF-INSURANCE POOL WHEREAS, the City/County Insurance Services Trust (CIS) offers pooled self-insurance offering cost stability and the potential for long-term savings; and WHEREAS, CIS is sponsored by the League of Oregon cities and the Association of Oregon Counties as a service to Oregon cities and counties; and WHEREAS, the City of Ashland finds that membership in CIS is of benefit in managing the risks involved in providing services to its citizens; and WHEREAS, the City of Ashland has been provided with an opportunity to review the Trust agreement, Bylaws and Rules of CIS; and WHEREAS, the City of Ashland has reviewed the Trust Agreement, Bylaws and Rules of CIS for compliance with the Charter and Ordinances of the City of Ashland; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Ashland, that the City of Ashland does hereby enter into a contract with CIS and becomes a member of the CIS Trust for Property for a three-year period commencing December 15, 1990, and agrees to abide by the terms of the Trust Agreement, Bylaws and Rules of CIS which, along with this Resolution, constitutes a contract between the City of Ashland and CIS. The City Administrator is hereby authorized to execute such documents as are necessary pursuant to this Resolution. The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the city Council of the city of Ashland on the day of , 1990. Nan E. Franklin City Recorder Signed and approved this ____ day of , 1990. Catherine M. Golden Mayor