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HomeMy WebLinkAbout1986-0506 Regular Meeting I,' IMPORTANT: Any u:uun a.UencLi.ng Counul meeting.6 ma.y .6peak on a.nyJ..tem on the a.genda., lLYlie.6.6 l' ", ':u J...6 the .6ubject 06 a pubUc heaJU.ng whJ..ch ha.6 been c1.0.6ed. 16 you wU,h to .6pea.k, f':, " ,4; plea.-6e we and a.6.tvr. you ha.ve been ltecogn.J..zed by the Cha..<.JL, g.i.ve YOlLlL na.me a.n.d ;, . .; o'~\ a.ddJLe.6.6. The Cha..i.1t will. then aUow you to .6pea.k and a.{./)o A..Yl60JUn you a.6 to the , c' ,:f;' a.mount 06 time aUotted to you. The time gf1a.nted w.<.U be dependent to .6ome extent .' on the YlatlLlLe 06 the J..tem lLYldelt cU.6Cl.L./)!J.i.OYl, the numbelt 06 people who wJ...6h. to be hea.Jtd, and the leYlgth 06 the a.genda.. ~ " , AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL May 6, 1986 I. PLEDGE OF'ALLEGIANCE: 7:30 P.M., Civic Center Council Chambers II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting of April 21, 1986 IV. PUBLIC HEARINGS: 1. Appeal from a decision of the Planning Commission, denying a conditional use permit for travellers accommodations at 130 Hargadine Street in an R-2 District (Phillip & Sharon Thormahlen, Applicants)., 2. Appeal from a decision of the Planning Commission, denying a conditional use permit for the expansion of a non-conforming use, and a variance from the required parking for t he Lamplighter Apartments at 433-435 Holly Street in an R-2 District., (Phillip & Sharon Thormahlen, APplicants). 3. Adoption of transportation utility fee as authorized by Sec. 4.26.030 of the Ashland Municipal Code. V. COMMUNICATIONS, PETITIONS & REMONSTRANCES: 1. Recommendation from Ashland Chamber of Commerce, Visitors & Convention Bureau regarding tour bus policy. 2. Memo from Director of Public Works Alsing and letter from Mark Cooper, request- ing permission to cut newly paved portion of Granite Street to serve two lots. VI. UNFINISHED BUSINESS: 1. Memorandum of Understanding with U. S. Forest Service for closure of certain roads in the watershed during fire season. 2. Request by Councilor Reid to set schedule for review of Capital Improvement Plan. VII. NEW & MISCELLANEOUS BUSINESS: 1. Application from Ashland Senior Program for funding under Older Americans Act, from R.V.C.O.G. 2. Letter from Councilor Arnold concerning liaison assignments. 3. Recommendation from Traffic S~ty Commission concerning first parking spaces North of "c" Street on the }IIf'~ide of Oak Street. PUBLIC FORUM: Business from th{ audience not included on the agenda. VII 1. IX. ORDINANCES, RESOLUTIONS & CONTRACTS: 1. Second reading by title only of an ordinance with respect to the establishment of credit. 2. Second reading by title only of an ordinance amending the garbage collection franchise with respect to recycling. 3. First reading of an ordinanca adopting the 1985 Uniform Building Code, 1985 Unifo,rm Mechanical Code, and 1985 Plumbing Code. ,- / ! , j , -'. . i IX. ORDINANCES, RESOLUTIONS & CONTRACTS cont. , J 4. First reading of an ordinance authorizing a freight handlers fee at the Ashland Municipal Airport. 5. First reading of an ordinance amending Chapter 2.36 of ,the Ashland Municipal Code, with respect to initiative and referendum. 6. Resolution adopting transportation utility fees as authorized by Sec. 4.26.030 of the Ashland Municipal Code. , 7. Resolution authorizing the issuance of improvement bonds in Street Improvement District No. 56. 8. Resolution transferring appropriations within funds. X. OTHER BUSINESS FROM COUNCIL MEMBERS XI. ADJOURNMENT 1. Minutes of Boards, Commissions & Committees 2. Monthly Financial Commentary -- March 31,' 1986 [;j r; . r ROLL CALL APPROVAL OF MINUTES PUBLIC HEARING Gentry Appeal from P.C. Decision (Oak St Developmen t) MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL April 15, 1986 Council Chairman Laws- led the Pledge of Allegiance in the absence of the Mayor and called the meeting to order at 7:30 P.M. in the Council Chambers on the above date. Present were Elerath, Reid, Bennett, Acklin and Arnold. ~ffiyor Medaris was absent. Bennett moved to approve minutes of the regular meeting of April 1, 1986; Reid seconded the motion which passed unanimously on voice vote. A letter appealing a decision of the Planning Commission denying . a proposed subdivision on Oak Street from Harold T. Gentry was read. The City Administrator asked that the original application, analysis of development including bonus points, preliminary plat, findings and orders of the Planning Commission and copies of minutes and staff report of February 12, 1986 be made part of the record. Planning Director Fregonese reviewed the proposed subdivis- iOn and said it met every criteria in it's proposal and that the Commission found no disagreement with the design of development and the applicant was agreeable to the fourteen conditions imposed by the Commission. Fregonese showed slides of the 1974 flood which were presented as evidence of the Ashland Creek flooding but ,noted no pictures are available as to what condition the high waters had on POD being proposed. Fregonese then showed 'recent, slides ' of the area in question and noted that although there is a pond on t~e property there doesn't seem to be a drainage problem and the soil is sandy. Fregonese showed where in the 100 year flood area the Ashland Creek water left its channel and this was one of the principle reservations the Commission had and noted they had requested Council to request a study by FEMA of the area. Fregon- ese said that all of the lots are out of the flood plain and in open space area. He said that after the first Public Hearing the Commission adjourned and continued the public hearing for thirty days :to permit staff 'and the Engineer time ,to study the matter. Fregonese said that calls were made to FEMA' and it's attorneys and the response from FEMA only obligates the applicant to keep build- ings out of the 100 year flood plain or if buildings are constructed, they be kept one foot above the flood plain. Fregonese said the Planning Commission felt approval was not in conformance with the purpose of the Comprehensive Plan in that area. Arnold said Council can assume that the flood study is wrong because the 100 year flood happened above the flood plain. Fregonese said that Council should detel~ne if there is a reasonable certainty that there ' would be significant damage to this property because of the secondary channel discussed and said those aspects should be covered by the Engineer for the project. ........ocontinued 4/15/86 P. 1 egular M.eet:l.ug " PUBLIC HEARING cont. Gentry Oak Meadows .r1.;;,1l......g.U...... V-l......., The public hearing was opened and those ,in favor of the Appeal were asked to :speak first. Roger Kauble, Engineer for the applicant showed the area on a map with location of Ashland Creek and Flood Plain designation in the area for proposed development bounded by Oak, Hersey and Helman Streets. Kauble reviewed the 1974 flood circumstances saying that unseasonably warm weather melted the snow pack resulting in large volumes of water rushing down Ash- land Creek taking debris with in and in many instances creating debris dams, slides and instant surges when water became freed and noted that Ashland Creek left it's boundary to cut a secondary channel spreading in a wide swath. Kauble said that from a tech- nical and engineering point of view a flood could occur if a secondary channel could develop and to offset that possibility they decided to install a barrier of impervious gab ion baskets and if there ever was a second channel then the barrier would send the water back to it's primary location. Kauble said the work done after the 1974 flood including increased culvert sizes etc. would create less possibility of flooding and doesn't feel that there is a high probability of this happening. Kauble showed the building elevation with gab ion basket design with the proposed house being l~ feet above the ground level. Arnold said that since the'floods appear to be caused by debris buildup we might expect them on a regular basis. Kauble noted that the 1964 100 year flood caused no damage to the property discussed and the 1974 flood likewise apparently caused no property damage. Kauble noted that all ordinance requirements have been met by the applicant Laws asked how high the barrier is above the ground and Kauble said it is below the ground level and not visible. Kathie Golden, 886 Oak Street, said she lives across the street from the proposed PUD and has nothing against developments in general but had checked with Soil Conservation for the type of soil in the PUD area and learned that there is five feet of top soil over 3 feet of clay and that the clay has a tendency to hold water. Golden cited Comprehensive Plan guidelines relative to flood insur- ance and said we can't,ignore guidelines. She said the soil is rated severe due to floods for homes withont basements. Golden said to develop in a flood plain area is not a right and the FEMA guide- lines should be followed. Golden said it is a potentially danger- ous area to develop and doesn't believe the benefits outweigh th~ possible problems. She said as a taxpayer she had lived in a place subject to flood/a~~was faced with repair of sidewalks etc. and as a governmental body she feels the risk too great. Golden added that there are other areas in Ashland to build on and she would go along with it. She said the development would be lucra- tive to her but to approve it would be irresponsible. Acklin noted that the Soil Conservation people do their work from aerial photos and that the situation may be different on the site. Steve Haskell, 622 Helman, strongly urged that Councilmembers endorse decision of the Planning Commission noting that they had full benefit of slides and studies to come to their conclusion. .........continued 4/15/86 P. 2 ~.'_"""'''''''' ......... _~un r PUBLIC HEARING cont. Gentry/Oak Meadows Haskell said he is fairly new to Ashland and had asked long-time citizens of Ashland if they felt flood insurance is necessary in that area and they all agreed it is important. Haskell said he moved here for the environment and would hate to see that ruined by culverted creeks. He said the barrier probably would do the job for the new development but would send the water right back to his sideo Neil Benson, Planning Commissioner, urged Council to uphold the decision of the Planning Commission saying that the 1974 flood illustrated the risks and that as a taxpayer he wouldn't want to pay for damage. Benson said if one would look behind the houses, on Helman they could see evidence of flooding. lIe said the risk is very high because of the types of soil. On question by' Arnold as to how their decision should be based, Benson said that he was not here in the 1964 flood but had surveyed the area in question in the 1974 flood and there was water there then. Benson said that is probably the reason the land has never been b~ilt on. Benson said the responsibility shouldn't be put on the general public to clean up flood-caused problems and insurance rates would go up for everyone. Matt Farmer spoke in favor of the Planning Commission's decision to deny saying that there is no question about flood risks and doesn't f~el the citizens are being served by this development. Farmer said if a development is allowed and high waters cause sewer pipes to be broken etc., we would then be looking at the possibility of channelizing the creek and that's not the reason people live in Ashland. Farmer commended the Planning Commission on it's work and asked that Council uphold their decision. A resident at 530 Oak Street asked that Council uphold the Plan- ning Commission's decision which was a result of intelligent and responsible efforts. At this point the public hearing was closed. Elerath said he had gone to the hearing and that when Fregonese introduced the subject he said the data is incomplete and the burden of proof is on the City if the proposal is denied. Elerath said that Benson had made his testimony before the public hearing and had made up his mind in advance. Fregonese said that ,in retrospect he ,should have said there would be more-of a burden of proof on the City because of ordinances that support the project. Bennett said that when people live near a creek or a river might e~~ect additional 'risks. Elerath noted that it is low-cost housing and sometimes people have to take a chance under those circumstances. Reid asked what the City's liability is and the City Attorney said that historically a property owner can do with his land what he desires and that Fregonese had touched on that issue when he said there are no ordinances against the proposal. Salter added that we would have 'to find extreme dangers before it can be denied and he doesn't think we can deny it and if we do it may be challenged. Council discussed the liability if culverts dam up and Salter said the liability wouldn't increase but the costs qf monitoring would. . .. ... continued 4/15/86 P: ~gular Meeting . . PUBLIC HEARING cont. Gentry/Oak ~~adows hSnLano Clcy counCll ~/~JIOO r. q Arnold said he would uphold the Planning Commission decision because of the, substantial evidence that there is flood danger and it is a valid thing for Council to avoid building where there is flood danger. Acklin said the likelihood of overflowing channels or surface water on the property is high but that the ordinances don't give Council reason to deny the appeal. Acklin said that if we have a Comprehensive Plan that has a policy, we should have ordinances to implement it. Fregonese said he has the same problem and the ordinance refers to the FEMA maps which are in error and when an applicant comes in to develop an area we must consider it because we do permit building in other areas with other hazards. Fregonese said it is necessary to compare similar risks you allow in other areas and cited wooded hillsides as an example. Reid said it is apparent that the developer has met all requirements but expressed her concern that public utili- ties, streets etc. might be damaged and the citizens of Ashland would bear the expense. Reid said she would feel better if Gentry was providing the utilities. Elerath moved to uphold the appeal; Reid seconded the motion. Arnold stressed the fact that the Comprehensive Plan goals should be upheld but the ordinance is inconsistent with the C.P. and is flawed. Reid asked if the barriers used caused damage to someone else would the City then be at risk. Salter said that is an Eng- ineering question but if the Engineer'is wrong, we could be sub- ject to liability. On question of Reid as to the risks of the gabien baskets causing problems across the way. Alsing said he knows they divert water but would have no idea if it would cause problems. Alsing said he did not.observe conditions in the area during the '74 flood and said he knows there was debris in the culverts at that time but that had the culverts been fully opened they couldn't have handled the force and volume of the water during thac flood. Alsing added that should flood damage occur again as it did in the '74 flood, the City will have to repair damage out of its own pocket because the Federal government would not assist in this emergency again. On vote to uphold appeal, Elerath and Bennett voted in favor; Reid, Laws, Arnold and Acklin voted in opposition and motion carried. Acklin moved to deny appeal and adopt findings of Planning Commission; Arnold seconded the motion which passed with Reid, Acklin, Arnold and Laws voting YES. Elerath and Bennett voted NO and the motion carried. 4/15/86 p. 4 :egU.lar !1eetlng '- . 0' EXPO '86 INFORMATION CENTER HOUSE NUMBER PAINTING lJISTORIC PRESERVATION VACATION OF PORTION OF 7th STREET a::in.LClIlU .......LLY ......VWl'..,;.J.;...l. "'f.J..JfUV ,1;. J A letter from Windmill Inns (Ashland Hills Inn) was read requesting permission to install outdoor information center for Expo 86 on the hotel grounds and Scott Bradley was present to outline plans to attract attention, divert traffic enroute to the Expo and to make ,information available to promote Tourism. Bradley said plans to have a 40 x 100 ft. teRt fiet up on the hotel grounds is planned and a two and one-half/sfBry balloon to advertise the Expo would be tethered at various times during the term of the Expo. 'Bradley asked that the' sign (balloon with "Expo Ernie") installatioIl and concept of the proposal be accepted. Council discussed the sign ordinance provisions which would conflict and Bradley urged that exceptions or provisions to permit be made and noted that Senator Hannon, Executive Dir. of Chamber James as well as the V & CB. Bradley noted that he had requested permission for signs but the State Highway Division refused based on expected requests from many cities. Terry Koerner strongly urged Council to mak~ provisions for the request saying that she has just returned from Califonlia where an aggressive tourism campaign was carried out by passing out brochures etc., and not to extend our- 'tourist oriented Ashland an opportunity to be exposed would be a serious error. Koerner urged a short term seasonal permit to be allowed so the promotion can proceed because of time con- straints for the work to be done prior to the opening of Expo 86. Laws said he would like to research to see if an amendment can be placed on the ordinance. Bennett agreed and moved to adopt concept and to facilitate needed provisions to allow; Elerath seconded the motion which passed unanimously on voice vote. A letter requesting permission to'paint house numbers on' curbs , was read from Harold Grogg. Grogg was present to say that he is seeking self-employment for health reasons and would be licensed. Acklin moved to grant nonexclusive right to paint house numbers on curbs and asked that Grogg work with Public Works on criteria; Reid seconded the motion which passed unanimously on voice vote. A letter from the State Historic Preservation Office was read reporting that the E. C. Kane House at 386 "B" Street has been nominated for the National Register of Historic Places. Reid noted that staff had been asked to get information on historic properties designated for the Register and Almquist noted the matter is being placed on the next Historic Commission agenda. Reid moved to endorse nomination; Bennett seconded the motion which passed unanimously on voice vote. The City Administrator read memos relative to petition for vaca- tion of a portion of 7th Street and reviewed Council's options as outlined in the memos. Donna Eden's niece was present to out- line the need for additional space and reviewed the location of th~ bedrooms and loss of privacy because of the right of way. Reld moved ,to set a public hearing for June 3, 1986; Bennett seconded and the motion passed unanimously on voice vote. 5/15/86 P.5 ., ?gular Meet1ng , . MEADE ST. PAVEMENT cur YMCA ,MAINTENANCE AND USE AGREEMENT/PARKS S REC. & CITY OF ASHLAND HELMAN SCHOOL/PARKS COMM- ISSION AGREEMENT CITY /USFS AGREEMENT t\Sn.Lana l.,]. ~ Y \...UUIH;.L....l ~/.I....JI uu .a. 0 v A request for a pavement cut fvom David Dahle was read and a mcmo from Director of Public Works Alsing was reveiwed in which he recommended a temporary split in the water service at the adjacent lot owned by Dahle at his expense until ,the end of the moratorium period Lt which time a permanent connect- ion can be made. Alsing's memo added that the lot can be served with sewer by connecting to the alley line by securing an ease- ment through the neighboring property. Dahle asked Alsing about the possible loss of water pressure because of the split and Alsing said he didn't think it would be appreciable. Arnold moved to deny request and offer alternative outlined in memo; Acklin seconded the motion which passed unanimously on voice vote. An agreement bctween the Ashland Family YMCA, Ashland Parks Commission and the City of Ashland was submitted for consideration and authorization of the ~~yor's signature. Council discussed various conditions and responsibilities of the parties outlined in the agreement and the City Attorney made recommendations for changes and deletions as well as Councilmemhers. Acklin moved to amend the agreement to include the following: on page 3 the following language be added to line 7 "based upon public interest", added to the third from the last line, of page 3 should read immediately after the word YMCA "or by TI1CA" .... for the use of the Park etc. On page 4, item 6 there should be a period after "Park" in the second sentence and the balance of the paragraph deleted, and Item 12 on page 5 should he deleted and the ~~yor be authorizcd to sign. Reid seconded the motion and asked that a member of Council attend such negotiations in the future. On roll call vote the motion passed unanimouslyo_ A memo from the City Administrator was read relative to the Helman School Maintenance Agreement recommending that a clause be included saying that the, agreement with the School District can be cancelled in any year that voters fail to reauthorize the the 3-year serial levy for the maintenance of non-dedicated park lands. Reid moved to approve agreement; Elerath seconded the motion. Laws moved to amend to add that the City has the right to terminate the agreement if-levy is not passed; Acklin seconded the motion. On the vote on amendment the motion passed unanimously on roll call vote. The motion as amended was passed unanimously on roll call vote. A memo from the Director of Public Works was read and a Memorandum of Understanding submitted between the City and the Forest Service concerning closure of roads into the watershed under various circumstances. Robert Howell representing the Siskiyou Wheelmen asked if bicyclists and hikers will be kept from using the area in question and the Director of Public Safety said there is a possibility of total closure in extreme fire danger times but that has not happened before. .....continued 4/15/86 Po 6 .0---- ,. FOREST SERVICE AGREEMENT cont. Alsing noted that closures are determined by a test area used by the Forest Service. Neil Benson of the U.S.F.S. noted that in the past closures have been for motorized vehicles. Alsing said that the agreement being considered is a cooperative one between the City and the Forest Service for olarification and use by employees, volunteers etc. Arnold agreed to postpone the matter to allow input by the Siskiyou Wheelmen at the next meeting and' Council agreed. PUBLIC HEARING ON BUDGET Acklin moved to set public hearing for the 86/87 Budget for 7:30 P.M. on May 27, 1986; Arnold seconded the motion which passed unanimously on voice vote. ADJOURNMENT The meeting adjourned at 11:15 P.M. Nan E. Franklin City Recorder Don Laws, Acting Mayor 4/15/86 P. ,.. ~,."' / ,.00.,- . ./ / .- .' 80 Hargadine street Ashland, OR 97520 February 27, 1986 Mr. Brian Almquist C/O Ashland City Hall Ashland, OR 97520 Dear Mr. Almquist, We request an opportunity to appeal a decision made by the Ashland Planning Commission regarding our request for a C.U.P. for a seasonal travelers' accommodation permit at 130 Hargadine Street, Ashland, OR. We feel that unfair objections were raised about our proposal and that an uneven application of planning criteria was used in issuing the denial of our request. We are enclosing $50.00 as the fee to file an appeal. We would like to make our arguments in front of the City Council on April 1, 1986. Sincerely, c.&--~_~LG-~ Sharon Thormahlen ST:bc Enclosure. ,~~ i 80 Hargadine Street Ashland, OR 97520 April 15, 1986 Mr. Brian Almquist C/O Ashland City Hall Ashland, OR 97520 Dear Mr. Almquist: RE: Planning Action #86-028 On April 9,'1986, we received a denial from the Planning Commission for application for a Conditional Use Permit for the expansion of a non-conforming use, and a Zone Variance from the required off-street parking for the Lamplighter Apartments located at 433-435 Holly Street, Ashland, OR. We request an appeal of that decision to the Ashland City Council at the earliest possible date. During the discussion at the Planning Commission meeting it became obvious that our original application was flawed. Through the ideas that were exchanged a spirit of compromise evolved so that we amended our proposal to reflect more what the Planning staff thought would be a proper request. Please accept the attached findings for our new proposal as basis for our appeal. Sincerely, , ~C:~-e E~~. Sharon Thormahlen ST:bc , . , .. .:"cP... i REASON FOR REQUEST: To be allowed to expand a preexisting non-conforming use by adding 1 bedroom and bath to two existing apartments already located at 433 and 435 Holly street, Ashland, Oregon. A. The Proposal is in conformance with the Comprehensive Plan. Findings: The Comprehensive Plan speaks directly to a need for a variety of rental units. with the addition of these bedrooms and baths we would be able to offer something new to answer public needs. The resultant 3 bedroom/2 bath unit and 2 bedroom/2 bath unit will offer options for families and singles having to share apartments for economic reasons. The renovation of the storage units to living space eliminates a long-standing fire hazard. Tenants stored empty boxes next to gasoline-powered chain saws and generally ignored our pleas for safety. This condition will no longer exist. The combining of the vacant storage rooms with the corre- sponding adjacent apartment units is an effective use of space at its highest and best use. The statistics and goals as outlined in the Housing Element of the Comprehensive plan are clearly addressed in the affirmative with the addition of these units to the Ashland housing market. 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. Findings: The fact that the property is a developed piece of land limits substantially any change to its various characteristics. 1 The apartments buildings that the subject units are located in have existed for twenty years. They have 15 units, this would remain the same. what would change is the distribution of 1 bedroom, 2 bedroom and 3 bedroom units. At the time of their construction in 1966 the land which they were built upon was zoned R-3 1:2. The apartments were in conformance with the original zoning. Now, however, because of the downzoning of the land, a non~conforming use has been created. In order to make ~ use of the buildings, a Conditional Use Permit is neces- sary. The point to emphasize is that no major structural changes have been nece~sitated by these units. The exterior measurements of the buildings have not been altered in any way, the buildings look exactly the way they did twenty years ago. The only alterations have 'been on the interior of two storage rooms. These storage rooms were already fully plumbed, heated, finished spaces that were converted (primarily cosmetically) to living spaces. The impact on the neighborhood is less than minimal. The apartment buildings' visual impact on the neighborhood remains unchanged. The current population of the building is around 30 people (includes children). with the proposed changes, that population count shouldn't change by much more than 2 people. In our operation of these apart- ments we are very sensitive to their "barracks-type" construction and have found that we must make every effort not to allow over-crowding. The addition of 2 .. these two bedrooms would be compatible with those concerns. The only negative impact of the addition of these 2 bedrooms in existing units would be the extra car trips that might be generated by their occupants. This is a difficult factor to measure because of the transient nature of all the tenants in the buildings. The car count constantly fluctuates as tenants without cars move in and others with 2 cars move out, or vice-versa, the situation is in a constant state of flux. with four entrance/exits, two on Holly street and two on the alley, the traffic is distributed to lessen the impact on the adjoining properties. Off-street parking is another area for concern. A recent survey of most of the tenants disclosed that no one has had to park on the street since the subject units were occupied in December. The existing spaces accommodate tenant needs, and usually that of their visitors. We can find no negative impact on the surrounding properties in this regard. (See separate findings' for Off-Street parking Variance.) C. In determining the above, consideration should be given to the following: harmony in scale, bulk, coverage and density, the availability and capacity of public facilities and utilities, the generation of traffic, and the capacity of surrounding streets, public safety and protection, archi- tectural and aesthetic compatibility with the surrounding area. Findings: The proposal would not affect the current visual status of the surrounding area. As already noted, the building has been located at this site for twenty years. No additions or expansions to the existing structures were 3 .' made. The city's conditions of approval would only improve the neighborhood. The requirements of additional landscaping, signing in favor of paving on the alley and removal of the sign would only enhance the property and create a positive effect on the surrounding area. We would hope to create a more natural scene, more like the tree-laden property up-slope from the buildings. By removal of some of the asphalt in the parking lot abutting Holly street, and using that space for landscaping, a less stark streetscape could be achieved which would complement the area. In time, exterior redecoration of the building would also make it less noticeable and soften the impact of the structures on the neighborhood. City services and public facilities are already in place. The genera- tion of traffic and parking needs has already been addressed in Section B. We feel that the City Planning Staff has protected the city and the neighbors' interest with the imposition of conditions of approval that would greatly benefit all concerned. The planning criteria has been used in a "carrot and stick" approach .that achieves the desired result. We get our additional 2 bedrooms and the city and neighbors get a greatly improved property that can only enhance property values in the surrounding area. The alter- native is for nothing to happen. ~~'\ , I. , .-' \ "--- -\,,,-,,,JLQ,-- Sharon T~ormahlen ..--."/ ----6~# ~- .--/7/ ~/' ~4JO~?-L../~.Po/~/.../ '-_/ , Philip Thormahlen 4 Findings to meet variance requirements for 433 and 435 Holly street, Ashland: Off-Street parking Variance. 1. There are exceptional or extraordinary circumstances or conditions applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings or uses in the same district. The Lamplighter Apartment building was built in 1970. At that time, the land was zoned R-3 1:2. Since the construction of the building the area which the Lamplighter is located was downzoned to R-2 with entirely different off-street parking requirements. Due to the existing developed status of the property, it is physically impossible to meet the parking requirements as required by 1986 criteria. Those requirements demand 25 spaces. Currently, there are 24'spaces located at the site. Our minimum need would be a variance for one addi- tional parking space. We would like to be able to add landscaping to the front of the building. In order to do this we would need to eliminate an existing space. If we were allowed to do this, then we would need a variance for the two spaces. This might represent a trade-off of sorts, but the effect of landscaping at the street would have a dramatic impact on the neighborhood. The fact that this is the only large apartment apartment complex in a one-half mile radius makes this situation unique. 2. The granting of the application is necessary for the preser- vation and enjoyment of substantial property rights of the petitioner. When a government body changes zoning so 'as to adversely affect existing developed land, some flexibility in regard to zoning requirements must be shown so that the negative impact of downzoning is not an undue burden. In order for the Lamplighter Apartments to be brought into conformance, a parking variance must be granted, so that continued enjoyment of the applicant's property rights can be preserved. . 3. The granting of the application will not, under the circum- stances of the particular case, be outweighed by adverse effects to the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or improvements in said neighborhood. The concerns as stated above will not be adversely affected by the granting of this proposal. The size of the apartment buildings as developed will not be physically altered, the occupancy level of the apartment building will be increased by only 2 people, and the number of cars located at the site will not increase by more than 2 as well. The impact on the neighbor- hood will be negligible. There will be no noticeable change to the neighborhood and as a result, no detrimental impact on other property owners in the area. 4. That the circumstances or conditions have not been willfully or purposefully self-imposed. The fact that the property was developed under one set of zoning requirements and now must conform to a more stringent set of zoning requirements was beyond the control of the applicants. The desire to expand 2 units by adding a bedroom and bath of them was, of course, the doing of the applicant and the resultant need for an additional parking spot could not be avoided. Due to the pre-developed state of the site and the slope, it is impossible to meet the off-street requirements. PA#86-028 CONDITIONAL USE PERMIT & SITE REVIEW APPLICANT: SHARON & PHILIp-THORMAHLEN PLANNING ACTION 86-028 is a request for a Conditional Use Permit and Site Review for the expansion of a non-conforming use at 433- 435 Holly Street. Proposal involves expanding a IS-unit apartment complex to a 17-unit by adding two studio units. A concurrent variance is being requested for the required parking. Comprehensive plan Designation: Multi-Family Residential~ Zoning: R-2~ Assesssor's Map # 9CA~ Tax Lot #5100. APPLICANT: Sharon & Philip Thormahlen STAFF REPORT Calfee presented the staff report. Kennedy asked if it was non- conforming because of the down zoning. Fregonese said 17 units would be non-conforming and that no zoning would allow that density. Benson asked that staff clarify the meaning of "more restrictive use." He also asked how does one increase lot coverage and Fregonese said by reducing the paved area. At this point the Public Hearing was open. PUBLIC HEARING SHARON THORMAHELN, 80 Hargadine, started out with the fact that the original storage rooms were very dangerous and a fire hazard. She also pointed out the need for low cost housing. She further stated that no improvements were done to the exterior of the building but only the interior was decorated. Benson asked what the legality of a non-conforming use is. At this point the Public Hearing was closed. COMMISSIONERS DISCUSSION AND MOTION Dunlop asked staff to explain why they can't make them into two bedroom apartments by expanding. Fregonese responded that additional parking was required but that was not what the applicant was requesting. Sharon Thormahlen spoke up and asked if she could amend her request while the hearing was taking place and Fregonese stated that the Public Hearing needed to be reopen. Benson reopened the Public Hearing and Sharon stated her case saying she would like to expand the apartments adjoining the two studio apartments as spare bedrooms with baths. The Public Hearing was closed again and Calfee stated that one and a half additional parking spaces were needed to do so. Kennedy asked what the Commissioners flexibility was. Fregonese stated that the sign conformance was law and was required. Shoberg stated that the applicant had broken the law by building without a permit in the first place and now were asking us to bend the rules and he didn't feel it was a good idea. Greene agreed however, he did like the idea of the alley being paved (as a tradeoff). Dunlop gave another example of someone illegally building a garage and felt the Commission had been forgiving before. Fregonese said that the municipal court already penalized the applicant and it wasn't the Commission's position to tar and feather. Shoberg agreed that the applicant probably had no malicious intent but they did violate the ordinance. Shoberg moved to deny Planning Action 86-028 and Greene seconded. The vote was four'to two in favor of denial. ~emornndum m~ CITY COUNCIL ~~ ~~~ JOHN FREGONESE, DIRECTOR OF COMMUNITY DEVELOPMENT PLANNING ACTION 86-028 On April 9, 1986, the Planning Commission denied the request for the expansion of a non-conforming use at 433 and 435 Holly Street, the site of the Lamplighter apartments. ,The applicants, Sharon and Philip Thormahlen, were requesting to add two studio apartment units to the existing 15 units on the site. The applicants were also requesting a variance from the requird off-street parking for such an expansion. During the hearing the Planning Commission determined that the proposed expansion did not meet the criteria required in Chapter 18.68.090Ia) of the Land Use Ordinance lfindings attached). The Commission further found that this request was, in fact, a variance request to allow an R-3 use in an R-2 Zone and, therefore, was in conflict with Section 18.100.010 which states that "a variance may not be used to allow a use that is not in conformity with the uses specified by this Title for the District in which the land is located". The Commission found that granting such request may be illegal and in conflict with this section. The Commission also found that there was a number of non-conforming uses on the subject site including lot coverage, number of units, parking stall size, number of spaces and backout requirements for such, as well as the existing density at the site. . In terms of the parking variance request, the Commission found that there were not exceptional or extraordinary circumstances, that could be applied. During the hearing it was fairly evident that the application would be denied based upon the original request. However, at that time, the applicants were leaning toward a modification of their request to convert the studio units' into bedrooms and bathrooms for adjacent units rather than convert them into separate studio apartments. During the hearing it appeared that several of the Planning Commissioners felt that this would be a more desirable request, however, this was not a part of the request considered by the Planning Commission. The conversion of the units to bedroom/bath facilities would reduce the parking requirement from the original request. Twenty five parking stalls would be required with the revised request versus 27 required with the original request. , There's a one space variance request as the applicant claims there are 24 stalls presently on the site. I feel that this request is more reasonable and, at the very least, . . a legal request for the expansion of a non-conforming use. I also feel that the approval of this request could result in a tradeoff between the applicants and the City. The tradeoff would include the upgrading of the landscaping of the site, the paving of the alley and bringing a non-conforming sign into conformance. The conditions listed on the attached staff report should also be considered in the final decision. . . " . BEFORE THE PLANNING COMMISSION CITY OF ASHLAND, OREGON IN THE MATTER OF PLANNING ACTION #86-028, A REQUEST) FOR A CONDITIONAL USE PERMIT FOR THE EXPANSION OF A ) NON-CONFORMING USE AND ZONE VARIANCE FOR THE ) REQUIRED OFF-STREET PARKING FOR THE LAMPLIGHTER ) APARTMENTS LOCATED 433 & 435 HOLLY STREET ) APPLICANTS: SHARON & PHILIP THORMAHLEN ) FINDINGS, CONCLUSIONS AND ORDERS RECITALS: 1) Tax Lot 5100 of 39 IE 9CA is located at 433 and 435 Holly Street. Zoning for the parcel is R-2, Multi-Family Residential. 2) The applicant is requesting a Conditional Use Permit to allow for the expansion of the existing non-conforming use, specifically to allow for an additional two units to be added to the 15 pre-existing units located on site. A variance is also being requested for a waiver of the necessary parking requirements for such expansion. 3) Criteria for ap~roval of a Conditional Use Permit to expand a non-conforming use lS addressed in two specific sections of the Land Use Ordinance. First, Chapter 18.68.090 states that "a non- conforming use or structure may not be enlarged, extended, reconstructed, substituted, or structurally altered except as follows: 1) when authorized in accordance with the same procedure as provided in the Conditional Use Chapter, a non-conforming use may be changed to one of the same or more restricted nature, 2) when authorized in accordance with the same procedure as the Conditional Use Chapter, an existing building, structure or land may be enlarged, extended, reconstructed or structurally altered except that a Conditional Use Permit need not be obtained to enlarge or extend a single family home in the residential district provided that the addition or extension meets all requirements of this Title." Secondly, the Conditional Use Findings are found in Chapter 18.104.040. Such Findings must address 1) that the proposal is in conformance with the Comprehensive Plan, 2) that the location, size, design and characteristics of the proposed development are such that the development will be reasonably compatible with and have minimum impact on the livability on the appropriate development of abutting properties and the surrounding neighborhood, 3) in determining the above, consideration shall be given to the following: a) harmony, scale, bulk, coverage, and density, b) the availability and capacity of public facilities and utilities, c) the generation of traffic and the capacities of surrounding streets, d) Public Safety and protection, e) architec- tural and aesthetic compatibility with the surrounding area. . . . Additionally, the requisite criteria for a variance request include that 1) that there are exceptional or extraordinary circumstances or conditions applying to the land, building or use referred to in the application which circumstances or conditions do not apply generally to land, buildings or uses in the same district, 2) that the granting of the application is necessary for the preservation and enjoyment of the substantial property rights of the partitioner and 3) that the granting of such application will not, under the circumstances of that particular case, be outweighed by the adverse effects to the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of this particular case, be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood, and 4) that the circumstances or conditions have not been willfully or purposely self-imposed. 4) The Planning Commission, following proper public notice, held a Public Hearing on April 9, 1986, at which time testimony was received and exhibits were presented. The Planning Commission denied the applicant's request for a Conditional Use Permit for the expansion of a non-conforming use and denied a zone variance for the required off-street parking. Now, therefore, The Planning Commission of the city of Ashland finds, concludes and recommends as follows: SECTION 1 FINDINGS 1.1 The Planning Commission hereby incorporates by reference the Staff Report noted as "Exhibit A", the Findings submitted by the applicant noted as "Exhibit B", the Site Plan prepared by the applicant noted as "Exhibit C", Minutes from the Public Hearing on this proposal held April 9, 1986, noted as "Exhibit on, and slides presented at the hearing noted as "Exhibit E". ~ SECTION 2 CONCLUSORY FINDINGS 2.1 The Planning Commission finds that it has received all information necessary to make a decision based on the Staff Report, Public Hearing Testimony, and Exhibits received and reviewed. 2.2 The Commission finds that the proposed expansion does not meet the criteria established in Chapter 18.68.090Ia) which states that na non-conforming use or structure may not be enlarged, extended, reconstructed, substituted or structurally altered except as follows: 1) when authorized in accordance with the same procedure as provided in the Conditional Use Chapter, a non- conforming use may be changed to one of the same or a more restricted nature.n The Commission finds that the addition of two . . . studio units does not meet this definition and is less restrictive in nature. The Commission further finds that the Conditional Use request is, in fact, a variance request to allow an R-3 intensity use in an R-2 Zone, and therefore, is in conflict with section 18.100.010 Variances, which states that "this Chapter may not be used to allow a use that is not in conformity with the uses specified by this Title for the District in which the land is located." The Commission finds that this request cannot be legally approved according to the aforementioned Section of the City's Land Use Ordinance. The Commission further finds that there is a high degree of non-conforming uses on the subject site including lot coverage, number of units, parking stall size, number of spaces and backout requirements, as well as density at the site. The Commission finds that given the degree of non-conformities at the site, the proposal would compound these non-conformities and result in a negative impact upon the adjacent neighborhood. 2.3 The Commission finds that the parking variance request does not exhibit exceptional or extraordinary circumstances or conditions applying to the land and finds that these conditions have been self-imposed since the reasons for the variance are a direct result of action by the applicant. Further, the Commission sees no hardship relative to this variance request. SECTION 3 DECISION 3.1 matter, the Conditional Commission, Based on the record of the Public Hearing on this Planning Commission concludes that the proposal for Use and Variance request are unsubstantiated. The therefore, denies Planning Action #86-028. the - -' , RESOLUTION NO. 86- A RESOLUTION ADOPTING A TRANSPORTATION UTILITY FEE AS AUTHORIZED BY SECTION 4.26.030 OF THE ASHLAND MUNICIPAL CODE. / 4 WHEREAS, the City Council has heretofore created a Transportation Utility for the purpose of providing funding for the maint- enance of local streets under the jurisdiction of the City of Ashland. \VHEREAS, the City Council has determined that the amount necessary to properly maintain local streets is in the approximate sum of $90,000 for fiscal year 1986-87. NOW THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of Ashland as follows: SECTION 1. Pursuant to Section 4.26.030 of the Ashland Municipal Code, the following Transportation Utility Fees are hereby adopted: Single family residential $1. 00 and mobile homes per mo. Multiple family ,uni ts .75 per mo. Retail Stores .12 per mo. per 100 sq. ft. lVholesale uses .07 per mo. per 100 sq. ft. Office uses .09 per mo. per 100 sq. ft. Medical/Dental .12 per mo. per 100 sq. ft. Service uses .12 per mo. per 100 sq. ft. Restaurants & bars .35 per mo. per 100 sq. ft. Manufacturing uses .07 per mo. per 100 sq. ft. Warehousing us~s .04 per mo. per 100 sq. ft. Hotels and Motels .35 per mo. per guest room Institutional and other uses not classified above .35 per mo. per required park- ing space as specified in Chapter 18.92 Uses within the Downtown Overlay District same basis as elsewhere within the City. account shall be $1.00 per month. . SECTION 2. Pursuant to Section 4.26.110 of the Ashland Municipal Code, the City Council hereby determines that churches, rest homes, and homes for the aged shall be exempt from the fees established herein in that the contribution to street use is insignificant. SECTION 3. Three (3) copies of this Resolution shall be maintained in the Office of the City Recorder, and shall be available for public inspection during business hours. shall be charged on the The minimum fee for any Note: -1- SECTION 4. The fees adopted pursuant to this resolution shall be effect~ve with the first utility billing cycle subsequent to June 1, 1986. 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 , 1986. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1986. L. Gordon Mrdaris Mayor -2- :.;;~~,;,:': .< _. ..' :, ~ '.' : ' ;' I ;J~~tt~ , ~.., ,. .' .-....;~-..... ;., ; ~<;' .:..:-,:~; '. .<.f:?. ,:: " :;~ '-.' '. - '.' ~ , . . ?:~'~~: ,<~:' ::::~y~ .. ~ . ~, ~'~'.'::. :,,)~,'~' ~::l~t,:'::.~;;'~~ ;...:;::1.-::'-:':' , " ~.';'., .. i~~~fi~ ~.. '::~:_'~' .~,i' .:~: ~.:;~; :.o.:~ '. ' c.". " ~!~~il :J'~:~~;'l:?::~ ::'(~":~;;~ ';,- .,,,.:__:.:,,J ~.,t\~ ~~fI~€ii i.~<?'~7'~1J q~!~~'~i~ I ~~~1~ ",':;:;'.;a,,~:~ f4~.~.:'~~.;:; ~~:t~~~ ...1, . ....,. ,'/-~'\ fC>. ..... ., .~ ;,.;:' @1.S~~ ~ ~r.~1ij, /.~ t-,,;,:"..,'1 ~;f1:i'!:" . . ~"".:~:~7":..'~7-:':~: ':.~i:t~,... ,I'" ':';';.':'_ ;~:~:;~~\.::,:~.~t;{. {i, <.-.;-:::,:..<.;;,; :'~'J>: .~. ,~~:.: ~.~.~\;~,l)"~~ii~~~t~i;: >i~/;:;~~ ~~>"~~ " .-::. ~~?:-i<i. jt:;;;-'{. '.~; 'i:~~'!.~" ~j ~ {;~.:, ::-;;;!/~~~f~ fYl ~b-V {t.~ Pc..,i c.'Jd.<....... ~, /;;- 198b . /' ' I.AntAt.{..&( ')IU./)11-() 1.:. : I A ' ;-..:r NJY-v- I I I l-ft.:t, th~ILC-~( ~ -io.<..e.,.'/(" upptdac1ct.d. If-(J ~;de. /v'dr( ?r;'ctt>lc..:J !f'd'pnd<? flv f<<.tUcl-Jnvd/ ct tAb ~1' ~d OWv J4v.t :..fAI.c.cWn:ffrv if i~4 tl~tl0.t"J/- MV.Jt?/.JJ~?'( to duJ1A.(/}/'..... tlu.:J- 1.9d~((t wc'tft tilL.- Y'tCt3 i the. rldJo/'lcf aWh~/. . : \>1" I ~ /"-~ -f'//'uV;fT.>lJ- it..e. IILV1t<A-fJ..o 11Juvt 1/1LL-t//tj kp{ ~ Ut(b>'IJ;.w 1. {~Wvt.U 8iJ7M.J. Il.i.U"fWI '<e-" c{ tl.l/.<Flv 'tnt tlce. ~C{/t f;// ,(t'W ~vr;'~-I-~,~v, ,JL-~A-. (~t tumdtL cfe ar-fY'ITf'.A<~tL frv' wv c4, ?u/)--::;'- t.k.;; 11/A~tf.-{ /.J ~ll<..<!- ~~~, 0/1 tJ.{ J.t ad "tll/\.U... 0 c..C.,<UJ-t-dl v::J r~ a...t. JL C <1 J(., /v L.o1. d , J Ashland Chamber of Commerce Visitors and Convention Bureau Minutes March 19, 1986 Present: Mavis Cloutier, Ken Silverman, Gloria Thorpe, Pat Acklin, Stephanie Pollard, Dennis Slattery, Gayle Vincent, Roller Yondorf, R~gina Stepahin, Lynda Thirlwall, Howard Wagner and Charlotte Vaughn. Minutes: Approved as mailed. (January 15th minutes and February 19th.) Director's Report: Sandra reported on her meeting with PSA and announced their plans to do a "fam" trip next fall. This could include a -'---------c~verage--ofKsnliihd for 'a-P :M, Magazine spot (L.A.)' Sandra expressed her thanks to the committee for all the support at the City Council meeting when the new budget was presented, Dr, Ralph Wingher met with Sandra and asked for support for the proposed Natural History Museum to be located in Ashland. Initially he will need contact names for fund-raising efforts. Treasurer's Report: Old Business: -'" ... The report on the Ed Camara Workshop was 'postponed until the April meeting. The revised budget was presented and showed $2,400 cut from the total budget. The cuts were from promotional printing and trade shows. $500 was added to display advertising. Dis- cusfon:'followed, and the emphasis centered on the positive comments made, by the City Council and the community, as to the impact the Visitor and Convention Bureau is making on Ashland tourism, It was moved and seconded' that the revised budget be accepted as presented, The motion passed unanimously. A policy recommendation to the City Council regarding trans- ported guided tours in Ashland was, discussed. It was suggested that the Chamber of Commerce identify the criteria,stating some regulation is necessary. It was also brought up that this type of tour would not infringe on the taxi franchise. Pat Acklin will present it to the City Council. Page 2 VOB Minutes t .....~.- '._ New Business: Sub-Committee Reports R~giona1 Promotion: The committee met and discussed ideas for regional promotion and what involvement the VCB should have. It was decided that the VCB should be a resource for information and a coordinator of various interest groups for facilities etc, The 9th of April was decided on for a forum to be held a 6:00 p.m, at the Oak Tree Restaurant. It will provide the retailers and motel/hotel owners and bed and breakfast owners' the opportunity to voice their concerns and ideas regarding regional promotion, Cooperation will be: stressed. (Reported by Lynda Thir1wa11) 12 Days of Christmas: The committee met and ie-assessed the involvement of the VCB in this event, The main question under discussion was whether to go beyond promotion and actually get involved in the coordination, If the committee decides to do a mailing to tour operators it needs to be completed and mailed by June 1, The committee will meet again prior to the next meeting to write a policy regarding VCB involvement, (Lynda) Hospitality Workshop; Plans are progressing nicely for the Hospitality Workshop to be held on May 20th reported Stephanie Pollard, Pilot's Meeting: The drawing will be finalized by the end of the month for the post card, It is planned to send out 1,000 with a partial mailing to California, (Reported by Ken Si1vermar Friendship',Run: The Expo committee will be meeting again on Tuesday, April 8th at 2:00, The sponsorships will be reviewed and decisions':iWi11 be made regarding more fund-raising. The festivities of the morning will be discussed and also the re- ception, (Reported by Mavis Cloutier) Closing: The meeting was adjourned at 1:00 p,m. Submitted by, f!Juv Charlotte Vaughn Administrative Assistant ASHLAND CHAMBER OF COMMERCE P.O. BOX606 ASHLAND, OREGON 97S20 PHONE: (503) 482,3486 August 21, 1984 The Board of Directors of the Ashland Chamber of Commerce moved to support the Business Facilitating Committee report stating, that the Bus Tour offered valuable assets to our visitor industry and should be given an opportunity to operate on a conditional basis in' the City of Ashland. The conditions are as follow: The Tour Bus shall not stop at points of interest or in front of houses. There shall be no advertisements on the bus and the bus shall be finished in tasteful colorls). There shall be no noise from Bus speakers. The Bus shall be equipped. with an American drive train. The Ashland Chamber of Commerce Board is very concerned that Ashland not become a place where new ideas, especially new business ideas, are rejected without fair consideration. ~emorattdum April 29, 1986 m~ Brian L. Almquist, City Administrator ~ 1r ~ . ~Iro~: Allen A. Als~ng, Director of Public Works ~~~ Request to Cut Pavement Attached hereto is a request to cut the pavement on Granite Street to install water and sewer services to two lots owned by Mark Cooper. These are the same lots for which you received a similar request from Jake Denlinger in 1984. These lots are not part of the Lithia Park Village Subdivision, although they are adjacent to it. The street was paved on 8-3-83 and will be under the pavement excava- tion moratorium until 8-3-88. The owner of the property was aware that the street would be paved, and was notified of the excavation mora- torium, as were all of the abutting property owners. Attachment/ . . Mr. Mark K. Cooper 3909 Sherbrook Drive Santa Rosa, California 95405 April 17, 1986 City of Ashland City Hall Ashland, Oregon 97520 ATTENTION: Mr. Brian L. Al.rrquist . City Administrator Dear I.lr. Al.rrquist: Please place this request on May 6, 1986 council agenda. In the spirit of rrost recent developnents and how I felt after your phone call and also to be consistent with my invitation to the council to start a new page, I have decidEid to limit mY, requests as follows: Request for stubbing of public sewer and water lines in 600 block of Granite Street to service the lots 1500 and 1600. These public services are "i1, , , needed to serve a new house tentatively planned to be constructed this swnner on lot 1500, area map attached. This request also includes cutting of pavement under imratorium if stubbing of sewer and water lines is not possible by boring under the pavenent method. .'~~\""1i~"" HAND DELIVERED I r. i l , ~ ~ ---.~.2:~ , '/~-''''''''''''' , ;'" / ".IJ~~-~'- (.10' /;... '\ - ~j /~ ~:" . " '7" .,.....;...",:, ~..:i' .. ;. . /'~. ~ ~~. .~ <" ""'l ..,.,'~ \ "~ )15l~ .A;'~\, r", 6-/, ~' \ ..;......... "<S z \ -';: 1\ ~.. ~i' "'<<~,,~ 1.1 r-. ~ \\s \ I CD ~ '."~' ).... . \ t....;/. "'"""'._' ,93,0 \. I c.J l.J~ ,,,,I .. ; \ \U! 3 ) ; 691 .: l ;'-,0;. U " ; I \ .\ I ~\ I '" 21. .. <r ~ I I . O!_ I , ;\ I .~ . ~ . . ",.1 . . , . ~\ " "II i , . ",.1.0) ,.<<<:<' .. ~ Uf~ (0) O~ f-1!1 : ~ VI ..10 :;;.J ~ -' . " .. , , . . , I.' ., -..,~ '0 ~\. ~. o , " " ..1 w ... .. .. .. ., :;;, z i. " '., '" ,~.. .. . . ~ '" z () - I- ~ 4 v III X W UJ cJ ,.. u. & t o W U/ III r 1 A III o ill > i=Vl~ <! 0 \,jPoA o ~ Z ..J I>- .<( '" z c< Z 0 0 :z u 0 ct ~ N ..J :I: '" ct I /( / It:: 'l: ~ ~ _,,_, _ -L .9Z'irz / JI / /."- / //!;-~;1 ! .', , ' / /'1' ' , I I ! ! . I ! ,- :;/ - "'j .t.u/ .c;t:Z "t ~ ~ ... ~ -J / Cl Q r<1 , , i '. v, ."> I 'OJ ~'.~ 'O , (:~. . '; .;. ~ ~ ';t' " ... ~ ~ . ~ , " ~ r- UJ a> .... .- .\ ~emorandum March 31, 1986 . , .~ Brian L. Almquist, City Administrator 7 ~ro~: d Allen A. Alsing, Director of Public Works ~ubjett:' Authorization for Mayor to Sign Memorandum of Understanding Attached is a Memorandum of Understanding between the City and the U.s. Forest Service concerning closure of roads into the watershed under various circumstances. Staff has worked with the Forest Service in drafting this document and I recommend that the City enter into the agreement. Would you please place this on the Council agenda? Attachment (1) i , -, ~ ..' " , MEMORANDUM OF UNDERSTANDlNlt USDA FOREST SERVICE, REGION 6 ROGUE RIVER NATIONAL FOREST ASHLAND RANGER DISTRICT and the CITY OF ASHLAND, OREGON This MemDrandum of Understanding is made by and between the City Df Ashland, hereinafter called the City, by and thrDugh its MaYDr, and the United States Department of Agrilculture, rDreSt Service, acting by and through the FDrest SupervisDr, Rogue River National rorest, hereinafter called rDrest Service, WITNESSETH THAT: WHERE,A.s, as specified in the Water Resources Planning Act Of July 22, 1965, "In order to meet the rapidly expanding demands for water thrDughout the Nation, it is hereby declared to be the policy of CDngress tD encDurage cDnservatiDn...and utilizatiDn Df water and related land reSDurces Df the United States on a...coordinated basis by the Federal Government, States, lDcalities, and private enterprise with the cooperation of all affected Federal agencies, States. local governments..."; and, WHEREAS, the parties hereto did in 1929 enter into a Cooperative Agreement, entitled "Cooperative Agreement For The Purpose Of Conserving and Protecting The Water Supply Of The City Of Ashland, OrE;on of 1929"; and, . WHEREAS, the parties hereto did in September of 1979 did agree upon except as qualified the "Interim Watershed Planllj and, WHERe: AS, the parties hereto are in consensus that both the above referenced Cooperative Agreement and the Interim Watershed Plan, although still in effect, now require further clarification and updating to address issues and circumstances which have changed since they were entered into; and, WHEREAS, The City: I. Has the responsibility for providing its citizens with a water supply; and, 2. Has historically used the water from Ashland Creel(; and, 3.'Has helped develop a short-term plan and currently guided by the Interim Watershed Plan for the analysis and implementation of stated objectives to meet the on-going responsibilities of general stewardship of the land. The Intllrim Plan tenure is valid until the Rogull River National Forest Plan is completed and approved. The objectives of the Interim Plan address fire prevention and suppression, maintenance of a healthy and'vigorous cover of vegetation - particularly in the event of severe fire, insect or disease occurrence to vegetation creating extreme fire dangRri and, , 4, Has signed and approved by the authority of the Mayor of the City of Ashland the Interim Watershed Plan cDnditiDnally set forth in the attached report in the Interim Watershed Plan labeled "Attachment A"; and, Page 1 ,":'- -.J. , , . 5. Has agreed as specified in the above referenced Cooperative Agreement, .....should the City of Ashland desire any special protection measures not provided by. the regular Forest Service administration, they may be obtained by the appointment of additional employees to be appointed by and to be directly responsible to the rorest Supervisor.....; and, 6. Has provided during the 1982,1983 and 1984 fire season routine patrols of City fire personnel through the Ashland Watershed for the purpose of fire prevention; and, 7. Has provided during fire season 1985 volunteer City personnel who patrol within the Ashland Watershed for the purpose of fire prevention; and, WHEREAS, The Forest Service: 1. Has the responsibility for managing the watershed from which Ashland Creek originates and drains; and, 2. Has delegated to the Ashland District Ranger authority and responsibility to administer, the Ashland Watershed; and, 3. Has agreed with the City to manage the watershed in such a way as to conserve and protect the City's water supply; and, 4. Is required by Law and 'Policy to manage National rorest lands consistent with protection of the basic resource, soil, and maintenance of State and Federal water quality standards; and, 5. Has developed a rire Management Plan ror The Ashland Creek Watershed as directed in the approved Interim Watershed Plan and through the l'ire Management Plan addresses pre-suppression, suppression, fire prevention and fuel management actions necessary to prevent a catastrophic wildfire occurrence in the Ashland Watershed; and, 6. Has developed and implemented four closures under the authority of the Code Of Federal Regulations within the geographic location and for the protection of the Ashland Watershed which stipulate "No Overnight Camping"; "No Off Road Vehicles"; "No Open rires" and "Roads Closed" during wet fall and.winter weather; and, 7. Will close the Ashland Watershed to the public under the authority of the Code Of Federal Regulations applicable to National rorests during periods of extreme fire danger; and, 8. Does recognize extreme fire danger by the moisture content of live vegetation and dead vegetation during summer months in combination with the Palmer Drought Index; and, 9. Is required to provide public notice and posting of signs bringing to the public's attention closures that are in effect in the Ashland Watershed so that the public has a reasonable opportuni ty to be aware of closure area and requirements; ancj, . 10. Has the responsibility'for news releases that effect National Forest land, including the Ashland Watershed; and, , 11, Has agreed to establishing at the City's expense gates on road' 2060 at T.39S" R.1E, Sec. 21 NENE and road 2060200 at T.40S., R.1E., Sec. 15 NENE north of Bull Gap, to be used to close Page 2 ;- . ~ . ,the Ashland Watershed during extreme fire danger when approved by thl? Forest Supervisor; and, NOW, THE:RE: FORE:, It is hereby' agreed by and betwl?l?n the partil?s hereto as fo1\ows: The Forest Service shall: I, Establish vegetative fuel moisture plots within or adjacent to the Ash]and Watershed to. assess fire danger in order to determine when to close thl? Ash]and Watershed; and. 2. Establish Palml?r Drought Indices as a criterion to prl?dict in latl? spring or early summl?r the liKelihood of serious fire danger conditions due to drought of significant duration of time during the late portions of summer; and, 3. Use the 1000 hour time lag fuel moisture <)3" dia, to 6" dia, dead and down fuell as a criterion for watershed closure for extreme fire danger; and, 4. Upon determination of a Palmer Drought index of -2.00 or ]ess during the month of May prepare for a closure of the Watershed because of impending extreme fire danger. If during the month of June, July and August the Palmer Drought Index is -3.00 or' less and the 1000 hour time]ag fuel moisture is < 15% and schrub foliage moisture content <100,.. watel"shed c1osUl"e fol" restriction of public access should bl? implemented; and, 5. Have an Ashland Watershl?d closurl? proclamation pl"epared fol" signatul"l? by the FOl"est Supervisor for timely impleml?ntation when the Palmel" Drought Index,'IOOO hour fuel moisture and vegetative fuel moistul"e indicates extl"eme fil"l? dangel". Pl"eparl? fol" public notification thl"ough the news media and signing of the pl"oclaiml?d c1osul"e; and, 6. Annua1\y provide fil"e pl"evention literature and handouts, pl"ocedul"es and tl"aining as required by Forest Service management for fire prevention contacts with the public by employees and volunteers of the City; and, 7. Annua1\y provide training and information to l?mployel?s and volunteers of the City concl?rning closures pl?rtaining' to the Ashland Watel"shed and pl"ocedul"e9, authol"ities and responllibilitil?s for enforceml?nt of c1osurl?s; and, 8. Notify the City whl?n the closure fol" thl? Ashland Watershed for extl"eme fil"l? dangel" is rescinded dUl? to a change in wl?ather and/or vegl?tation conditions. which al"e usua1\y brought about by prl?cipitation of significant amounts usua1\y >.5" within a short period of time; and, 9."Place a Forl?st Service locK on gatl? constructl?d at T.39S., RIE., Sl?c. 16 NWNW on road 2060 near Tel"race Street; and, 10. Annually, review evaluate and discuss with the City the Ashland Watershl?d as it relates to fire danger, fil"lI pl"evention, closul"es and cool"dination between the City and FOl"est Service; and, The City Shall: Page 3 " . , 1. Designate the Public Wor~s Director as the City's representative for coordinati:- :~ ~his Memorandum of Understanding; and, 2. Notify the Forest Service before the City close the gates on private land outside the National Forest Boundary that would affect access onto National Forest; and. 3. Ma~e time available during the month of April or May for their employees and volunteers in positions of fire prevention patrol to receive training by the Forest Service. Such training will entail fire prllvention proclIdurlls and spllcifics of the closures that are in effect within the Ashland Watershed; and, 4. Maintain a log by their employees or voluntllers on a daily basis while on firll prevention patrol within thll Ashland Watershed. The log will record such things as vandalism, illegal activitills in violation of closurlls, numbers of plloplll and tYPIl of public use within thll Ashland Watershlld and othllr pllrtinllnt information; and, 5, Through the dllsignatlld City representativll participatll in and input into the Environmental interdisciplinary Team process for planning, management review and evaluation any resource activity within the Ashland Watershed. CITY OF ASHLAND, OREGON BY Mayor Da tl! USDA FOREST SIl:RVICE SY F~~~ Rogue River N. F. DateMe"" Page 4 . . IU.o~~G REQUEST PAC<<AG( lOR IISCAL YEAR Ig6a-6T TO ~G(wCY' ASHLAND SENIOR PROGRAM IeAILING AOOft($5, r In ri t:,l. Hr:l11 CITY/STATE/Zlr, .t\!;~l jlnn ~ np Q7t;?n RVCOG Area AOencv on Aoina COHTACT rE~~~:~I"SA~ffifA DUNLAP ~g~~~o~E' IlA?_~~nL~~~ ?4fi I'RO(;RAM S"'MARY (SUaMIT A S(PARATE PAGE I lOR EACH PROGRAM lOR WHICH IUICOIMG IN REQUESTtDl Shuttle Bus Transportation Service OMIT I.PROGRAM TITLE. 2.UUASISI, J.PAOGRAM SERYlaS COLlIMM I IPAGE4,II ~. A.NAME 01 UNIT Of SlAYICElone-way tri p OAA o. ,. A.DOLLAR AMOUIIT .IllQUlSTllI fOR PROGRAM, a., INCRlASE OR DECfllA$E OWU n's6,de c. C.TOTAL DOLLAR COST Df THIS PROGRAM. (Local & In-Kind) 3,360 6.8% 26,925 B. Proposed Total Cost/Unit of Service: 2.99 C. Proposed P/JA Cost/lili t . of Service: .37 6. STATE THE GOALISI Of THIS PROGRAM. Attach Board approved gJa1s if available. To provide persons over age 60 residing within the Ashland City Limits transportation service for daily needs (shopping, medical appointments, mea1site) thereby enabling them to maintain least restrictive living arrangements. 7. STATE THE SPECIfIC PROGRAM OBJECT I YES _ INCLUDE THE NAME ANO NUMBER Of SERYIOES OR PRODUCTS TO IE PROYlDEO. TN[ TiMt:. fllAME~, THt: f4RGUED ClIEMT GROUl'lSl, AMO THE CEOGRA'.'HIC AREA ,Of fOCUS/ELIGllllITY. ~rlorlt.Y W1 I be glven to those Ashland C1ty res1dents over age 60 whose independence is most threatened by lack o~ accessible transportation. Dissemination of information will be through service of Outreach Worker, I & R Staff and Program Director, periodic press releases, coordination with other agencies/providers and city departments. In addition to the Shuttle Bus, the Senior Program administers a taxi discount program for low-income seniors who reside within the Ashland City Limits. The Shuttle Bus operates five days weekly with regularly scheduled ~uns. Rides are by reservation made at least a day ahead. Client is piCked up and returned to his own residence. S.OESCRlaE, - THE ACTION PLAN, STRATEGY, OR M[THOOOLOGY BY WHICH YOU, WILL ACCOMPLISH YOUR . GOAllS1 ANO SPECifiC OOJECTlYES, The Seni or Program wi 11 admi ni s ter the operation of a 17 passenger bus. A.8 FTE driver wi11'provide rides on a scheduled route-deviation system (door-to-door service & escort) allowing for fi ve routes per week to major markets, doctors ," offi ces, downtown area together with daily rides to congregate mea1site. In addition, transportation to health clinics, meeting (Senior Club, AARP) and special events is provided either separately or in conjunction with routes. The bus is also used to transport volunteers to and from work sites. The current driver's training includes "Services Available for Older Persons," "Process of Aging," Defensive Driving, First Aid and,CP~. Vo1vnteer.drivers must have chauffer's License olus exoerlence. Cont1nu1ng tra1n1no 1S orov1ded annual1v. 9. OESCR/a[ THE METHOO 8Y WHICH TH[ EffECTlYENEH Of (ACH OF THE PLANS, STAATEGIES. OR METHOOS OUTLINEO IN 11 WILL aE ASSESSEO. Daily records of services delivered are kept by bus driver and are reported monthly to director and to the State Public Transit Division. Director prepares quarterly reports which include units of service, numbers of persons served and financial statement. Reports are furnished funding agencies, program board and city administration. 10. (deleted) _ 1.. " DRESCHER & ARNOLD ATTORNEYS AT LAW JOOE. MAIN. P.O. BOX 160 ASHLAND, OREGON 97520 ALLEN G. DRESCHER, P.C. G. PHILIP ARNOLD April 14, 1986 TELEPHONE (503j.a2..(935 ,- /' /. ./ J~ ~....- ~""."","---~...".,.. Honorable Gordon Medaris City Of Ashland City Hall Ashland, Oregon 97520 Dear Mayor Medaris: I have talked with Karen Sm.ith concerning her previous liaison assignments. She has advised me that she participated on the Traffic and Safety Commission, the Southern Oregon Justice Information Council, the Historic Commission, and the Band Board. I am willing to finish my term by participating in the same assignments, it deemed appropriate. I would like for the decision to be formal so that we could all be certain about meeting dates and whatever. Further, if I am to participate in these assignments, I would appreciate it if the relevant persons in those groups were informed and I would like to be informed of meeting dates, times, and places. Sincerely, C~ l . . ld G. Phlllp Arno GPA!amy Don Laws ~emnrandum April 29, 1986 m~ Brian L. Almquist, City Administrator ~ a ~ronn: Allen A. Alsing, Director of Public Works ~~~ Recommendation From Traffic Safety Commission The Ashland Traffic Safety Commission at its April 23, 1986 meeting, made the following recommendation to the City Council. 1. That the first six parking spaces north of C Street, on the east side of Oak Street, be changed from unrestricted parking to 30- minute parking, from 8:30 a.m. to 5:30 p.m., except Sundays and holidays. The request for this 'change was received from Ashland Sanitary Service and the Northwest Nature Shop. It was noted in the request that under the existing control, the parking spaces in this block fill up with all-day parkers and there are no spaces left for customers. It has been reported that some motorists double-park in front of Ashland Sanitary Service while paying their collection bill. ~ ORDINANCE NO. AN ORDINANCE AMENDING TITLE 15 OF THE ASHLAND MUNICIPAL CODE, ADOPTING THE 1985 UNIFORM BUILDING CODE, THE 1985 UNIFORM MECHANICAL CODE AND THE 1985 UNIFORM PLUMBING CODE. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 1 of Ordinance No. 2102 and Section 15.04.010 of the Ashland Municipal Code are hereby amended to read as follows: "15.04.010 Code Adoption. In addition to compliance with this and other ordinances of the City, building and related activities shall comply with provisions of the Oregon Structural Specialty and Fire and Life Safety Code (1985 Uniform Building Code with Oregon Amendments), with the State Mechanical Specialty Code and Fire and Life Safety Code (1985 Uniform Mechanical Code with Oregon Amendments), and with the State Plumb- ing Specialty Code (1985 Uniform Plumbing Code with Oregon Amendments). No person shall conduct building or related activities without compliance with these standards." SECTION 2. Section 3 of Ordinance No 2102 and Section 15.04.050 of the Ashland Municipal Code are hereby amended to read as follows: "15.04.650 Agricultural Buildings. Chapter 11, Agri- cultural Buildings, of the appendix to the 1985 Edition of the Uniform Building Code published by the Interna- tional Conference of Building Officials, shall be in effect in this City." SECTION 3. Seetion 4 of Ordinance No 2102 and Section 15.04.060 of the Ashland Municipal Code shall be amended by changing the reference from the "1979 edition of the Uniform Building Code" to the 1985 edit ion of the Uniform. Building Code." SECTION 4. Section 5 of Ordinance No. 2102 and Section 15.04.080 of the Ashland Municipal Code shall be amended by changing the referenee from the "1979 edition" to the "1985 edition". SECTION 5. Sections 1, 3, 4, 5 and 6 of Ordinance No. 2102 of the Ashland Munieipal Code are hereby repealed. Page 1 - Ordinanee No. The foregoing ordinance was first read on the day of 1986 and duly PASSED and ADOPTED this day of , 1986. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1986. L. Gordon Medaris Mayor Page 2 - Ordinance No. , " ORDINANCE NO. AN ORDINANCE AUTHORIZING A FREIGHT HANDLERS FEE AT THE ASHLAND MUNICIPAL AIRPORT AND PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE. THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS: SECTION 1. Commercial air freight handlers periodically use the Ashland Municipal Airport to pick up and deliver freight. SECTION 2. The freight handlers do not contribute to the maintenance and operation of the airport and it is the desire of the City of Ashland that all users of the airport contribute their fair share for such maintenance and operation. SECTION 3. A freight handlers fee is hereby established at the Ashland Municipal Airport as follows: a) The fee shall apply to each aircraft, each time it lands at the Airport, for the purpose of picking up or delivering freight. b) The fee shall be $0.65/1000 pounds gross weight of the aircraft. c) The fee shall be collected by the Fixed Base Operator and remitted to the City of Ashland. d) The Fixed Base Operator will be compensated for collection according to the airport lease agreement. SECTION 4. Any owner, agent of the owner or operator of any freight handling airplane who fails to pay to the Fixed Base Operator, the fee set forth above,commits an infraction and is punishable as prescribed in Section 1.08.020. The foregoing Ordinance was first read at a regular meeting of the Common Council held on the day of May, 1986, and passed to its second reading and duly adopted on the day of , 1986. Dated this day of , 1986. APPROVED: MAYOR ATTEST: CITY RECORDER -1- Ordinance No. . ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2.36.100 OF THE ASHLAND MUNICIPAL CODE, WHICH RELATES TO THE INITIATIVE AND REFERENDUM PROCESS: AND DECLARING AN EMERGENCY. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 2.36.100 of the Ashland Municipal Code is hereby amended to read in its entirety as follows: "2.36.100 - Special Elections. When any petition under the initiative or referendum calls for a special election, it is the duty of the Common Council, as soon as practicable after any such petition has been finally accepted and filed by the City Recorder and the deposit made as required, to call by Resolution, a special election to be held on the date fixed in said petition, or if the Council determines that the subject is of general public interest, and there is a general or primary election within 120 days of the date requested, it may order the election be held at such general or primary election." SECTION 2. It is hereby adjudged and declared that the exist- ing conditions are such that this Ordinance is necessary for the preser~a- tion of the public health and safety of the people of the City of Ashland and that an emergency is hereby declared to exist, and this Ordinance shall take effect and be in full force and effect from and after its passage and approval by the Mayor. The foregoing Ordinance was first read at a regular meeting of the Common Council held on the ____ day of May, 1986, and passed to its second reading and duly passed on the ____ day of , 1986, the vote being as follows: AYES, NAYS: APPROVED: MAYOR ATTEST: CITY RECORDER ~1- Ordinance NO. RONALD L. SALTER ATTORNEY AT LAW 84 THIRD STREET ASHLANO, OREGON 97520 . . RESOLUTION NO. A RESOLUTION OF THE CITY OF ASHLAND, OREGON AUTHORIZING THE ISSUANCE OF CITY IMP~OVEMENT BONDS IN THE MATTER OF CONSTRUCTioN OF CURBS AND PAVING IN WHAT HAS BEEN DESIGNATED AS LOCAL IMPROVEMENT DISTRICT NO. 56 WHEREAS, the Mayor and Council of the City of Ashland did, after due notice, proceed to construct curbs and paving and sanitary sewer installation, in the City of Ashland, Oregon, included in what has been designated as Local Improvement District No. 56, and Levy as assessment for special benefits accruing to the parcels of land affected by and abutting on, such improvements; and WHEREAS, there have been applications by the owners of parcels of property abutting on such improvements to pay in installments the special benefit assessments incurred by reason of said improvements; and WHEREAS, the Bond Lien Docket of the City of Ashland has been made up, as provided by Section 223.230 01 the Oregon Revised Statutes, for the amount of such unpaid assessments for which applications to' pay in installments have been filed, to wit: NAME TEITELBAUM, Albert, Trustee OR. SHAKESPEAREAN FESTIVAL BOAZ, William & Angelina BLUHM, Douglas A. PAPEN, Frank C. GUNSOLUS, Pamela S. FAERBER, Douglas & Nancy HUBBARD, Robert P. IRELAND, Emma PETITT, Gerald & Virginia' STADY, Thomas & Dana MARTIN, Clyde & Cynthia BORGSTROM, Carl DECKER, Bessie JOHNSTON, James A. PEABODY, Larry HOPKINS, John & Edna ROGERS, Mildred I. KINNEY, Richard & Sharon JACKSON, Virginia PASTLES, John & Annabelle HOPKINS, John & Edna RYKKEN, Thelma B. EPSTEIN, William & Shelley TAYLOR, Scott & Jean ROBERTS, Evan & Sarada HOFNER, Dale & Delores GEDDES, John & Eleanor STOLLING?, Allen & Virginia WYER, Michael D. ~TAL 0'" RONDED TAX LOT NO. 9BD-4900 9BD-5200 9BD-5500 9CA-12400 9CA-12500 9CA-12800 9CA-12900 9CA-13000 9CA-13100 9CA-13200 9CA-13400 10B- 900 10B-1200 10B-1300 10B-1400 10B-1900 10B-2100 10B-2200 10B-2400 10B-2600 10B-2700 10B-2800 16AA-2300 16AA-2400 l6AA-240l l6AA-2600 l6AA-2700 16AA-2703 l6AA-2704 5CA- 911 IMPROVEMENTS AMOUNT $ 556.08 1,085.00 1,131.16 357.50 715.00 622.05 357.50 357.50 563.92 715.00 357.50 4,205.18 4,030.09 3,727.43 2,961.96 2,484.78 7,908.92 3,953.32 5,191.95 2,033.37 2,965.56 6,883.30 1,152.94 3,598.64 3,801.29 2,250.89 1,490.40 2,801.44 2,518.73 2,215.59 $72,993.99 . . ~' .' - i NOW, THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND RESOLVE AS FOLLOWS: SECTION 1. That there be issued Local Improvement Bonds of the City of Ashland in the amount of $72,993.99 (Seventy-Two Thousand, Nine Hundred Ninety Three Dollars and Ninety Cents), said bonds to be dated May 1, 1986; to bear interest from the date thereof and be redeemable at the office of the City Recorder of the City of Ashland, Jackson County Oregon, to mature in ten (10) years from the date thereof (i.e. May 1, 1996), and be designated as Improvement Bond No.1 in the sum of $993.99 (Nine Hundred Ninety Three Dollars and Ninety Nine Cents) and Improvement Bonds 2 to 37 inclusive, in the sum of $2,000 (Two Thousand Dollars) each; provided further that said bonds shall be payable in legal tender of the United States of America and bear interest at the rate of 8.50% (eight and one half percent) annum, interest payable semi-annually. Provided that said bonds shall be signed by the Mayor and counter-signed by the Recorder under the corporate seal of said City; provided that the right to take up and cancel said bonds upon payment of the face value with interest to the date of payment at any semi-annual period at or after one year from the date of said bonds shall be, and is hereby vested in City, as provided by Oregon Revised Statutes; and provided that said bonds are not to be, or taken to be, within or any part of the limitation by law as to the indebtedness of said City. SECTION 2 That the Mayor and City Recorder of the City of Ashlana, Oregon, are hereby authorized and required to make and execute, on behalf of said City, said Improvement Bonds as hereinabove specified in the amount of $72,993.99. SECTION 3. That whereas sufficient monies are available in the Insurance Services. Fund, said bonds shall be sold to the Insurance Services Fund for inclusion in its investment portfolio. The foregoing resolution was READ and DULY ADOPTED at the ad- jPurned meeting of the Ashland City Council on the ____ day of , 1986. SIGNED and APPROVED:this day of , 1986. L. Gordon Medaris Mayor ATTEST: N'Il" .......II/HI.. ~e"o..der -'..-. ~emorandum April 30, 1986 'fio: Brian L. Almquist, City Administrator Jff rom: Robert D. Nelson, Director of Finance ~uhjed: REQUEST FOR INTERFUND TRANSFER AND TRANSFERS OF APPROPRIATIONS WITHIN FUNDS Several budgetary matters need Council attention: 1. In connection with the Winburn Way Community Center remodel, some additional painting, heating and other costs were incurred which were not eligible for reimbursement grants. Due to a misunderstanding, Economic Development expenditures may total almost $85,000, rather than the $83,000 budgeted. Publications costs will be higher than anticipated, because of additional agenda notices, new forms, and the award-winning brochures. 2. It was necessary to excavate a settling pond in conjunction with the reservoir silt problem. (Ref: 3/18 Minutes) 3. Highway revenues ("gas taxes") will total about $14,000 less than State-derived forecasts indicated, and the telephone franchise shortfall is close to $11,000. To offset these, it is suggested that $25,000 of the proposed $88,000 Water Quality transfer to the Stree~ Fund should be implemented, on a one-time basis. Attached is a proposed Resolution for Council consideration. Respectfully submitted, ~ Robert D. Nelson Director of Finance RDN/lmt cc: Hon. Mayor & Council Nan Franklin, City Recorder . .~ (. . . RESOLUTION NO. A RESOLUTION TRANSFERRING APPROPRIATIONS WITHIN FUNDS, AND AUTHORIZING AN INTERFUND TRANSFER WHEREAS, due to circumstances recorded in the memo from the Director of Finance, dated April 30, 1986, the Mayor and City . Council of the City of Ashland hereby determine that it is necess- ary to transfer appropriations as follows: 1. From General Fund Operating Contingency to General Fund Materials and Services (Community Development)-- $4,500 (Building Maintenance--$1,500, Economic Development--$2,OOO and Publications--$l,OOO). 2. From Water Quality Operating Contingency to Water Quality Materials & Services (Water Division Con- tract Services)--$6,000. Now, THEREFORE, BE IT RESOLVED, that appropriations are hereby transferred as indicated above. BE IT FURTHER RESOLVED, that an expenditure of $25,000 from the Water Quality Interfund Transfer appropriations is hereby authorized. The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the Ashland City Council on the day of 1986. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1986. L. Gordon Medaris Mayor ~>r, . -<' ,~- . CITY OF ASHLAND PARKS AND RECREATION COMtlfISSION REGULAR MEETING Mafte.h 20, 1986 The Cllai.Jtmafl e.ailecl the meet.il1g to oftcleJt a;t 7:00PM at 340 S. P.iolleeJt S.tJte(d. ATTENDANCE: "--pJi-e.;I-ent: A 00 e,l1:t : SeaJv!., JOIIMOI1, AclaJ1l6, Mte.keioel1, Rucl Comm.u6,t0l1eft NWol1 aJ1Jr.ived la;te. Cftawnoftcl I. ADDITIONS OR DELETIONS TU"TH[ AtlEfJIJA-"------- D,tfte,e.tOlt Mte./let!. CII .i,ncl.ie.a;tecl tlla.t EIUe. D-Lttme,ft Mom tire, RogCJc. Vaile!} COUI1~i1. On GOVeJUllnento WM )Jl1.c.oen.t ,to opeal, .to the e.omm.i06,i.011 on :the oe.clvllel1t ).lond pi.lot pftO j ec:t ,ill /tegMd.!. to the olute..il1g 0;\ Recde/t RC,Il c/tvo.i.Jt. CI,a/ftmal1 Sea/to pl'.ae.ed th/.o /:tem llHclcJt Audiel1e.e PaJ1;(:je.,ipauol1 110t 011 the Agcl1c1a. II. APPROVAL OF MINUTES COlmll.iM.i.Olle,~ AcI~ln6 macle. a mot/.ol1 to appftove tire mil1u,tC.1l 0;) ti,e, Re~wea/t Mee,ting On MMe.h 20, 1986 a6 w/t.<-t,tC.lI. COIll/)).i.H.iol1e/t Jo/ll1oOI1 oee.ondecl. The ,'ote, Wa.6: 3 tjell - 0 110 III. SILLS .\ND FHIANCES ---_..__._-~-_._- ---. A. Appftoval on D-U, OUM cmen.t6 Comm.{.M/.ollC,ft JOI'Morl made a motiol1 to app/tovc. d.i,601IftMmelJ-tJ.> ,ind.ie.ate,d otj Patjft.o.U, e.hec.flo # 5135 th/tou9h #5171 .ill tire amOllll.t 06 $14,335.64 and Paljaol'.c.o e.hec.fu, #8809 tlUIOUgh #8857 .ill tile aJJIOUllt on $26,093.29. Commi.oo.{Dlleft AdaJ1l6 Me.onded. The vote wao: 3 tjc.!l - 0 lW IV. AUVIWCE PARTICIPATION OIJ T/lEAGE)TiJA'-------' A. Bft-U,e.oe Sc.lwol PTA In /teoporl6e to .tlre, COIllIll.l.60,i,on'o ftc,que.;.t a.t ,tile .l'M.t Re.gr<la.~ Mec..t.ing, ,the. B/t,ille.oe Sc.lwol PTA 'Il p.l'alf9/toul1d deve.l'opllle.f~t e.omm.<-t.te,e. p/te.; ente.d the Comm{,6 ;.ion w.{,th a J:.i.!l.t On pftopollCcl pwrc.llaoe.; Wl,/,e.h tlletj would .I'.i.lce to mal,e to upgftade the pf.atj a~ea a.t the 6c.1100f ancl Wll.icll worlld .i."hane.e ti,e. CUle.a all a e.olllmr1l1i:ttjlllc.llOol pa/t/c, Tire e.olll/ll-Lttee aol,e.d tile. COllll"i,M.ion to e.omm.i.t $4,181 ,to ouppo/t.t the. p,~oje~t. The Comm.iM.i.ol1' 0 mcmetj would go 60ft owe.he.!>, p.ie.n,ie. taoleo. and f.>Ollle platj9/towld equ.tpment. MOTI ON Co/))m,tM.{one.,~ Ivel'.ooll macle a 1lI0:t.iOIl ,to eoopefta;te. wLth tile. BM.oe.oe. Sc.llOot PTA .tll clevc..l'.op,tl1g a ,;c.IlOot!palll, platj Mea allcl to a.t'.l'.oe.atc. $4,181 nftom B,~tn'2LVOft,tll nuncio towaftdll that pft.ojec:t. CommiM.iolle./t Adam6 f.>ee.ollde.d. i III d.{.oe.llM.iOIl, D.ille.c:to,~ M.ie.keioel1 Mud tllat he. had f.>pohento COlllln-U,f.>ioncft Cft.aw6Oft.cI, who /.0 110t aolc to oe. pft.e.!>C.I1.:t, and f.>lleil1c1.te.atc.d tha;t he J.,/wllld lc,t ;the. Comm.{.of.>.ion III10w tha;t .;he. -611ppoft,ted the pft.oje,c:t. ..~ ",.., .. .' REGU LAR MEETI NG . MMc.h 20, 1986 PAGE 2 BJt.u,c.oe Sc.lwal PTA Comm~<I.{onVt )ol1l160n .i.nd.i.c.a.ted .tha.t he .tlwu.gh.t .the e.<\;uma.te on .the, eO<l.t 0 t) .the p.i.en.i.e .table<l WM fta.theJt II":gll mId M Iled whVte .they had Jtec.e.i.ved .the.i.ft e.<\.t.i.ma.te. Ken Itei>ponded .tha.t he had piUeed .tIle .table6 601t. the eomm.U:.tee and tha.t the table<l wVt.e tlw<le eompVtable to wha.t ,the depaJz..tmen..t would put ":.n the pMk<l <lY6tem. V":ltec..tolt. M.i.ekehel1 <lai.d tha.t he Iteeommended to the Comm.i.M,i.on tha.t a biUet) ma":.ntenal1ee aglt.eement be waft/led Old w.i..th tile Sc.llOol V.i.Mfl.ic..t fte.(au.ng ,to .the equ":pmel1,t bUllg pUftehMed. , Connn.{.M.{.onVt SeaM Mked the d,Ut.eetoft whe..thVt thelt.e WM anI( othVt Mult.ee at) t)und.{.ng ava.i..f.able, O.tlteA ,than BJz..i,nl1wolt,tll mOfley, -5pe.r.A.oieaUy Seltlal LellY money. V-i.ft.eetoft M":.d1el6 en Ite-rued .tha.t .thelte wa<l no.t, and .i.ncUea.ted ,tha.t he d.i.d no.t be.(":,eve SeiUal Lelll/ moni.e6 eould be -5pent on wha.t WM e6Mcn,t.i.aUy a eapi..tal vnpltOVv1J(Cn..t pltoje.c..t. COmmu,6,i.onelt. Ne.t6011 Mid that he 6eLt ,the pltoje.c..t met tile COmnu.M.i.on'-5 ~eneJ1aUlj aec.epted pouey 0 t) ,tJ1lj":.l1g to ma.tdl BIt.i.lllzwoJz..t:h t)1111d6. W":..th 110 t)uJt.thelt. dHeU-5Mon, The. vo,te WM: 3 yei> - I no (SeaM I / Comm.i.M,i.onelt. SeaM Lnd.i.eate,d to tile membelt.6 at) tile PTA plt.e<le.ll.t that lie. IVM not oppMe.d to .the pltojee.t but .to the MUIt.ee 06 6und.i.ng. V. AUDIENCE PARTICIPATION NOT UNTIIE IIGE'ND'P:----- -.---------. A. EItJe V,dtmcf1 - Gftee.mvalj p.ilo.t plt.o j ec..t 601t. Re,edVt Re6 e.lt.vo.i.Jt MIt. V":..t..tme.1t oldt.i.lwd an c,xpallde.d p":.tot <I.tudlj t)01t. a }XLM.i.ve .tlteatmell.t pond loeated 0/1 .the. pMI1 de.cU.ea.ted Gltee,nway pltopelt.ty wh.i.eh had been deve.(oped by vaJ1..i.ou<l agenei.e,; eonee~Iled wah the <llu),d.ng at) ReedVt Rei> Vtvo.i.Jt. He It.epo,~.ted tllat thefte had been a t)Clc..t t).i.nd.i..llg mee..t.i.ng ,tll.i.6 moftnillg to de..teltm.i.ne the t)eM.i.b,iLi.ty 06 ~,ti.U 6fu,ieil1g .tIle, It.c.; rftvO,;f1 .th i~ yealt (wd .tlltLt: II(>, wldelt6.tood .tha.t .tIle. C.i..ty Coundl me.;(: !Lt 4:00PM .today ;to ma/le a de,ei.~.ion M to <llu,ieil1g th":,6 yealt. SUMIl Rud, Calmed'. ti.!Li.<\on to the COlllm.i.M.i.O/I, It.epolt.ted th!Lt the eowle.i.l had me.t and had de,uded that, w.i,tll !Ltc. th":.ng<l eOMidelt.ed, tha.t they wou.td not appllj 60ft a pe,ltm.i..t to -5 Lu.i.ee, tll,i.<\ ljeM. She, M..i.d, al,6o, tha.t the otiMc..io..f.o 6ltom up-Mate wVte Velt.lj enc.ouJtager! abold tile eay' <I deve,lopi..ng a6e,d,imen.t pond to o..f.fev":ate Mille at) the, pltobLem6 ot) <lLILi,UIlg. Tile C":,ty Cauned'. dc.teltm":,ned ,tha.t ;thelj wautd tdze ,to c.ond"c..t a pila.t pit oj ed by hav.i.,,!] a <ledimen.t pond bu.i..U a/I ,the G,~eenwa'16,i.te and :tl,en dfta..l.n.i.ng :the ~mae..e. It.e..;Vtvo'':Jr. on Gltani...te 5.tltr,e,t. VcvU.ou..; ot) t).ic..LaL6 and expe..'Lt<l .then c.oltld :tJty .to extJ1apo,tate, da.ta :to de.te1un.i.ne, {LOW weU ..the pond ((Io1tld wolt.lz on a LMqelt. M,ate when ReedVt Re6 elt.vo.ilt. WeLl Maine,d. She Mid :tha.t the c.,i..ty would pltobabLlj need U6 e 0 t) tile Land t)01t. abou.t ei,gll.te.ell 1/10/ull,l .to eond({c..t a p.i.lo.t Mudy ot) :th.i..<\ natult.e. and :tha..t, a.t ,the e,nd at) ;the e..i.9h,te.e/1 mOIl.th6, the d.tJj would 11ego.t.i.a.te. a!Ja.i.n w.i...th ,tile Comm.u,~,ion ":0 tlle..Jj wal1.ted to lt~e. .the la/1d 0/1 a molte. peltinanen.t bM.i.<\ a~ a <led,imefu pond 01[, .i.6 :the pi.tot ltltdlj pftove,d ,the ~ edimen..t pO/1d 110t t) ea~.i.ble, ,the, c..Uy WOltld fte..tltJJ.n :the ~.i..te. ,to :the. eO/ldU':'1011 ":,t .i6 .i..n now. MIt.. V":..ttme,1t c.of1c.ltJtfted tha.t a wOltld pftobabLlj tal1e abou;(: e..igll..te.e:t IIIOIUIJ..6 t)Oft a c.ompLe.,te pd'.o:t <ltudlj to be, done. MOTION At):telt <lOme, d,i.<\c.uM.i.on, Comm~~":.ol1e/1 NwolI made a mo;u.o/1 to gftaf'Lt :tIle C":..tlj 06 A61ila11d peftm.i.M.i.(J!1 to c.onduc..t a pd'.o:t -5:tudlj on tha.t .tlw;t .t'l,iang"lM p.ieee 06 GfteeJIway plt.opeJz..t:y aeltOM t)ltom AMiland POl1d :to ddoun.i.ne :the 6ea..~,i.bili..ty 06 c.on.t..~ltet.i.n9 a pe.ftmal1ellt paM.i.ve :tJte.a..t:mef'Lt -5edi.men:t pond .i.n ftemt.i.ol16h.i.p to the. M.u,ic..i.l1g at) Re.edelt ReM.ftvo.i.Jt; :that :the. pe..'LL.od ot) :t":me -5et 601[ :the I'.omple..tio/! ot) ~he, plt.ojec.t.i.6 eIghtec'n mOllth6 end,ing {n Oc.tobeA 00 1987; and, tha..t, whel1 the. plt.O j ee..t wa6 eompLe.ted .tha.t .the c..Uy wouLd ftetuMl .to pita pe.Jz..t:Jj to a' -5 oltig.i.na.t C.0I1d,i.- ,. _....~ ..-,'Ill' .. . REGU LAR MEETI NG tlMd, 20, 1986 PAGE 3 Re.e.deJt R<'.6 Vt\lO.0~ - pcilo,t pJto j e,ct ,t.i,O/l Ofl. would appfl.Oadl ,ti,e. Commv.,~ciol1 about c.o,t-t,tlwe,d u~age. On the. pfl.Opcuy. Commv.,~ci.ol1eJt JO/II1M'1 ~ec.onde.d. The. 'Jote. wa~: 4 YC6 - 0 110 Vi.Jte.c.toJt Mi.c.fzel'.6 ell c.omplemente.d Mfl.. V.u.tmeJt on I,ci~ cnnoJcu tn wOJtk.i.ng to n,{lld a Jte.a60Ha.ble Mluuol1 to the, ~e.cUnlell.t pJtOblemal1dnofl.ac.t.i.ng M a go-be.twe.e.11 to hd'p ail a9eJ1c..ie.,~ Jtematn cil1noltmed. ChaiJuna/l Se.a,~.o appo..i,ILte.d Comm..i,H.i.one.fl. Adam6 M a c.ommi.ttc,e, On onc. to WOfl.fc w,i.th V,i,Jte.c.tOl1 Mi,c.fce..I'.6e.fl .UI tlOUOW.tI19 ti,e, ).l.~O!)Jtc.o~ 00 tile pfl.ojec.t. i VI. OLD BUSINESS ---.---- A. U.~a9e. f. ^Iail'l.t. The c.OImnAMciol1e1t,.~ fl.e.v.i.cwc.d tire. ofl..i.!).tnai. dfl.atl.t On A!)lte.cmc/lt - YMCA a [j.6aqe. al1d maIILtenal1c.e. aqlte.eme.l1t d.~awn up a;ltc}1. plt.ope.lt,tu a me.e1:cin!) by ILe,'Jfl.e,Ml1tau'V<'.6 06 ti,e A~h.ea.nd YMCA, .the c.i.ty on AoIt.I'.and, a/ld ti,e. Pafl.f1O Comm.IM,ton C.OI'IC.Vt/l,t/lg the. donat,i.ol1 0 n ,the YMCA'.6 T 0.&1Ia11 CJte.e.fz pfl.Ope..t,ty tlOfl. a ded.i.c.atc.d palt.fc. They made. ~e.\le!lal mtnofl. fl.evci.6,i.ol1.6 to the c.OIU:ltac.t a6 wlt.U:ten, paJct.ic.uIMly to palta!}Mph.6 8, 9, alld la, wl,.i.c.h Wefl.e. added .to .tl,e c.OlLVtact and not p.~ev.i.oM.I'.u d,i.~c.u.o~e.d by ,the c.omm.i.t.te,e.. Cotmni.MA.onefl. Adam6 made a mo,t...(,o/l au,tllOJ1.i.zi.llD the Cllai.Jtman 06 ti,e Paltfl6 llOTION Co,mn.i,M.i.O/l to 6ci.gfl ti,e. afjlteement an,teJt ti,e. c.h(1I1g<'.6 wh.i.d, WVte rii..6c.UMe.d Ilad been made pltovci.ded that no otheJt IIlate..~.i.a.t c.llange,6 we,.~e. made al1d that Ron Sa.tte..~, C.Lty AttOltlle.y'. had Jtead afld a.l'.6o a)Jp,~oved 0 tI the. c.on.t.~ac.t. Conlln.i.M,i.one,~ Ne.l'.6ol1 ~ec.ol1ded. . The \late. WM: 4 ye6 - 0 110 VII. NEW BUSINESS None. VIl1. CORRESPONDENCE, COMMUNICATIONS, 1JfREcnlRrS'']3~iURT ----'--Vi,lte,c.tofl. Mi.c.fze.l'.6e.n fl.e.poJcted that ti,e fl.ou!)h dMot 0011 the. h.i/.>toJci.c.a.t boofz.te,t on L.i..tll.i.a PMlz wa6 c.omp.te.te.d. IX. ITEMS FROM COMMISSIONERS NOlle. X. NEXT MONTH'S AGENDA nle. I1e.X,t Re,gula.1t Me,eLinfj WM ~c.he.d,d,ed 60fl. Aplti..f. 24,1986 a.t 7:00PM. wah 110 nUUlle.Jt bU6ci.lle.M, the. Cha.iJ1.mal1 adjoMne.d the. mee.t.i.Ilg. XI. AVJOURN^IENT R<'.6 pe.C.ttlI1Uy .6 [(bm.i..tte.d. 01 . .1>"''/''''6 Ann Be.ned.i.c,t Ve.)JaIttJIle.nt Sec.JtetM!f J "'~.Ip. - . ... ../~-~ .~_-..I.'''' April 22, 1986 .. t....~O: '!' ~ Brian L. Almquist, City Administrator " ~ From: Robert D. Nelson, Director of Finance MONTHLY FINANCIAL COMMENTARY -- MARCH 31, 1986 , , .I Electric Utility I ~ Continuing warm weather necessitated a further reduction in sales forecasts, but a sharp rise in non-operating income, plus wide- spread improvements in expenditure trends, result in optimism that the Electric Department will meet its budgeted July 1 fund balance of $1,057.00. Water Quality Both Water and Sanitation should realize their anticipated July 1 fund balance estimates. General Fund Due primarily to very tight controls on Public Safety spending, the General Fund probably should slightly over-realize its estimated July 1 fund balance of $330,000. Street Fund The increase in "gas tax" rates has not translated into the favorable revenues we had peen led to expect. We do not foresee this fund starting the new fiscal year with the $51,000 budgeted. We will be fortunate if we start with $30,000. Liability Insurance Preliminary information gives rise to hope that we will be able to maintain the existing level of liability insurance coverage after July 1, and premiums will be only slightly higher than at present. Hospital Fund Although we might have to ask for a further transfer of appro- priations from Personnel Services to Materials & Services, the Hospital's estimated July 1 fund balance appears to be achiev- able. Respectfully submitted, ~ Robert D. Nelson Director of Finance RDN/lmt cc: Hon. Mayor & Council Tom Mack, Hospital CEO Nan Franklin, City Recorder ~ , ~- ..,-t'~~~ -. ~ . -r'." . i:i\~ ~ ~ )J ..... ) ,) i [ WATER QUALITY UTILITIES Financial Forecast by Departments (In Thousands of Dollars) Fund Balance, July 1, 1985 Wa ter Sanitation Total 504 202 706 1,025 672 1,697 225 24 249 1,754 898 2.652 409 309 718 337 248 585 90 53 143 Description Sales to Customers Other Resources Total Resources Personnel Services Materials and Services CapHal Outlay Operating Contingency .' Other Charges (Credits) 55 458 1,349 24 634 55 482 1. 983 To Other Funds Total Expenditures Fund Balances, June 30, 1986 Warehouse Stoek Accounts Receivable Cash, Investments, Other 205 205 90 60 150 110 204 314 1,754 898 2,652 Date of Forecast April 19, 1986 Total Requirements