Loading...
HomeMy WebLinkAbout1991-0618 Council Mtg PACKET I;rndrtant: Any citizen attending Council meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been closed. If you wish to speak, please rise and after you have been recognized by the Chair, give yourname and address. The Chair will then allow you to speak and also inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL JUNE 18, 1991 I. PLEDGE OF ALLEGIANCE: 7:30 P.M. , Civic Center Council Chambers II. ROLL CALL s III. APPROVAL OF MINUTES: Regular Meeting of June A, 1991. IV. SPECIAL PRESENTATIONS & AWARDS: V. SPECIAL AGENDA ITEM: 1. Confirmation of Mayor's appointment of Richard B. Thierolf, Jr. as interim City Attorney. VI. CONSENT AGENDA: 1: Minutes of Boards, Commissions & Committees. 2. Monthly Departmental Reports - May 1991 3. Memo concerning results of composting on City-wide Clean-up Day. 4. Memo from City Attorney Bashaw concerning ordinance adoption procedures. 5. Liquor license request from Andre's Restaurant, 1209 Siskiyou Blvd. (Change of Owner) . VII. PUBLIC HEARINGS: (to conclude by 9:30 P.M. ) 1. Planning Action No. 91-082. The proposed adoption of the Economic Element of the Ashland Comprehensive Plan. 2. Continuation of hearing on reconsideration of a C.U.P. and site review on remand from LUBA, to allow construction of medical offices at Ashland Community Hospital in the R-2 District. 3. Proposed consideration of a revised building moratorium due to inadequate water pressures in the area bounded generally by N. Main, Winburn Way, Strawberry Lane, and the Northwest City limit, and portions of Terrace Street. 6-18-91.MTG a. First reading of an ordinance declaring a moratorium and land development in Northwest Ashland and declaring an emergency, including Findings of Fact, conclusion and order. VIII. UNFINISHED BUSINESS: 1. Confirmation of appointment of Hospital- Board member. IX. NEW & MISCELLANEOUS BUSINESS: 1. Letter from Gary Schrodt, requesting transfer of sewer service outside of Urban Service Boundary from residential to commercial use on property at 1285 Oak Street. X. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 15 minutes) XI. ORDINANCES. RESOLUTIONS & CONTRACTS: 1. Second reading by title only of "An Ordinance levying taxes for fiscal year 1991-92. " 2 . First reading by title only of "An Ordinance authorizing and ordering the improvement of Lori Lane between Hersey Street and G1ennVista Estates. 3. First reading by title only of an ordinance amending Title 10 of the Ashland Municipal Code relative to public peace, morals, and safety. 4. First reading of an ordinance amending Chapter 10.88 of the Ashland Municipal Code relative to sale of tobacco products to minors. 5. Resolution authorizing participation in Aetna deferred compensation plan. 6. Resolution transferring appropriations within funds. 7. Resolution determining the necessity for the appropriation of certain land for public use. 8. Resolution amending pay plan for management and F� confidential employees for Fiscal Year 1991-92. 9. Ratification of new 3-year agreement with the Electrical Workers Union. XII. OTHER BUSINESS FROM COUNCIL MEMBERS XIII. ADJOURNMENT 6-18-91.MTG MINUTES OF THE ADJOURNED MEETING ASHLAND CITY COUNCIL JUNE 5, 1991 Mayor Golden called the meeting to order at 4:30 PM on the above date in the Council Chambers. Laws, Reid, Acklin, Winthrop, and Arnold were present. Williams was absent. PUBLIC HEARINGS Adoption of 1991-92 Budget - Budget Officer Turner said the resolution appropriation expenditure changed slightly due to reclassified assessment payments and after talking with the new auditor $12, 000 in Central Services was transferred from Contingency to Salaries. The public hearing was opened and closed with no response from the audience. Adoption of Supplemental Budget for 1990-91 - The public hearing was opened and closed with no response from the audience. ORDINANCES AND RESOLUTIONS - First reading of an ordinance levying taxes for fiscal year 1991-92. Ordinance was read, Laws moved to second reading, Acklin seconded. On roll call vote ALL AYES. Second reading by title only, ordinance amending Chapter 4.20 of the Ashland Municipal .Code relative to systems development charges. Public Works Director Hall said the recommended changes have been made with the cutoff day being moved until date ordinance adopted. Reid said a lady is present that is building in Ashland that would like to pay her fees on this date prior to the SDC increases; but the City Offices have closed for the day. Almquist read sub-section A as modified. Roy Bashaw, City Attorney, clarified that second reading could be given since there were not substantial changes made. Arnold moved adoption of the ordinance, Laws seconded. on roll call vote, ALL AYES. (Ord. No. 2634) Reid asked that a lady be allowed to pay fees prior to increase on the following day. All councilors agreed. 6-5-91.MTG Page 1 Resolution adopting the budget and making appropriations for the 1991-92 fiscal year. Resolution read; Arnold moved to adopt; Winthrop seconded. On roll call vote, ALL AYES (Res. No. 91-17) Resolution approving supplemental budget and making appropriations for the 1990-91 fiscal year. Resolution read; Acklin moved for adoption; Laws seconded. On roll call vote, ALL AYES. (Res. No. 91-18) Resolution electing to receive state revenue sharing for 1991-92. Resolution read; Winthrop moved to approve; Arnold seconded. On roll call vote, ALL AYES. (Res. No. 91-19) Resolution certifying the provision of certain municipal services to qualify for state revenue sharing. Resolution read; Acklin moved to adopt; Winthrop seconded. On roll call vote, ALL AYES. (Res. No. 91-20) SOREDI ALLOCATION. On question of allocation of funds to the Ashland Chamber of Commerce for distribution, Laws said the City would write a joint check to the Ashland Chamber and SOREDI and the Chamber would then endorse over to SOREDI. The Mayor said Councilor Acklin and Mary Lee Christensen would represent the City. Resolution adopting methodology for system development charges. Public Works Director Hall referenced Section A of resolution and said it was computed on fixture units. Resolution read; Arnold moved for adoption; Winthrop seconded. Winthrop asked what Section B does and Hall said it deals with improvement charges and with reimbursement fees for system development. Almquist noted that the words "reimbursement fee" should also be included in Section A. Arnold amended motion to include words in Section A. Winthrop amended second. On roll call vote, ALL AYES. (Res. No. 91-21) Resolution adopting fee schedule for systems development charges. Hall reviewed the recommended charges and the committee review process. Reid questioned the effect on water conservation. Planning Director Fregonese said conservation will be addressed when the review is done. . Hall reviewed the transportation issue and formula to be used and noted that Section 3 sets up the sunset clause. Laws 'said that staff should be ex-officio and not be voting members of the review committee. Resolution read; Arnold moved to adopt; Laws seconded. On voice vote, ALL AYES.. (Res. No. 91-22) 6-5-91.MTG Page 2 Meeting adjourned at 5:15 PM. Nan Franklin City Recorder Catherine Golden Mayor 6-5-91.MTG Page 3 . � Of ASit, a : c Pma ran Aunt June 11, 1991 EGO� Eli: City Council r ram: Catherine M. Golden, Mayor Confirmation of City Attorney Appointment I would like to request confirmation of Richard B. Thierolf, Jr. as interim City Attorney, and Michael Jewett and Jerry A. Jacobsen as interim Deputy City Attorneys. The monthly retainer for the period of June 15, 1991 thru September 15,1991 would be $5,000 plus $100.00 per hour for appearances in other than Municipal Court. The firm intends on continuing to use Rebecca Orf for prosecution services, but they will not compensate her out of their retainer fee. Adequate funds are available and budgeted for this purpose. Cathe ne M. Golden Mayor CG:dg Attachments: Proposal for J.J.& T. PROPOSAL TO CITY OF ASHLAND FOR CITY ATTORNEY SERVICES MAY 13, 1991 JACOBSON, JEWETT & THIEROLF, P.C. 426 West Main Street Post Office Box 4687 Medford, Oregon 97501 (503) 773-2727 1. If a law firm, identify the local office partners and key staff members who would be assigned. Describe their roles and provide a brief description of their professional experience, including experience in government law. JERRY A. JACOBSON J.D. Lewis & Clark Law School (1976) B.S. Oregon State University (1970) (Business Administration) Born 1948, Lebanon, Oregon Professional Experience: 1979-present: Partner/shareholder, Jacobson, Jewett & Thierolf, P.C. ,General private practice, including emphasis on real estate and business law. 1976-1979: Attorney and Executive Director, Organization of the Forgotten American, Klamath Falls, Oregon. Legal work for and administration of a non-profit corporation advocating Indian, minority and low-income rights. Handled civil rights litigation against city, county and state governments. MICHAEL JEWETT J.D. Lewis & Clark Law School (1977) B.A. Southern Oregon College (1970) (Chemistry) Born 1948, Ashland, Oregon Professional Experience: 1979-present: Partner/shareholder, Jacobson, Jewett & - Thierolf, . P.C. General private practice, with emphasis on litigation, criminal, and environmental law. Government Law Experience: 1990-present: Commissioner, Oregon Water Resources Commission; member, Governor's Watershed Enhancement Board. 1985-1989: Board of Directors, Ashland Community Hospital 1984 : Lead attorney, Southern Oregon Citizens Against Toxic Sprays v. Clark, 720 F.2d 1475 (9th Cir. 1983) ; cert. denied 469 U.S. 1028 (1984) ; obtained injunction under -2- National Environmental Policy Act against BLM's use of herbicides on its federal timber lands. 1980-1982: Ashland City Prosecutor RICHARD B. THIEROLF, JR. J. D. University of Oregon Law School (1976) B.A. Columbia University, New York (1970) (Multi-disciplinary degree) Born 1948, Medford, Oregon Professional Experience: 1980-present: Partner/shareholder, Jacobson, Jewett & Thierolf, P.C. General practice including emphasis on federal litigation, involving administrative and constitutional law, and criminal law. 1976-1979: Attorney and Executive Director, Organization of the Forgotten American, Klamath Falls, Oregon. Legal work . for and administration of a non-profit corporation advocating Indian, minority and low-income rights. Handled civil rights litigation against city, county and state governments. Government Law Experience: 1990-present: . Member, Medford Planning Commission 1991-present: Chairman, School District 549-C Budget Committee 2. Describe your, or your firm's personnel development program and your continuing professional educational requirements. Identify specialized programs in the area of municipal law. As must all Oregon attorneys, we regularly attend continuing legal education seminars in a wide variety of subjects. Some subjects of particular interest to our ,firm's attorneys that are pertinent to municipal law are administrative, civil rights, constitutional, criminal, land use, and real estate law. -3- 3. Describe the experience and knowledge which you or your firm and local. office have in land use and hospital matters. a. Land Use Experience. Richard B. Thierolf, Jr. is now a planning commissioner in Medford. Jerry Jacobson's practice involves a 'great deal of work in real estate matters. All three partners have handled land use cases, some of which have gone to LUBA and appellate courts (e.g. , City of Ashland v. Krahel) . We have advised Butte Falls and Medford on land use issues; for example, Mr. Jacobson advised the City of Medford, regarding accessory uses at the Rogue Valley Country Club. Michael Jewett was both an attorney and a litigant in Mark Cooper. v. City of Ashland et al. While practicing in Klamath Falls, Mr. Jacobson and Mr. Thierolf handled land use cases: one involving the power of a city council meeting with less than a quorum to condemn real property as a nuisance, and to confiscate personal property, and another involving criteria for municipal approval, absent a comprehensive land use plan, of residential development in an area with significant historical and archaeological value. A case they handled which decided whether local governments can be deemed to have abandoned public roads is Martin v. Klamath County, 39 Or.App. 455, rev. denied 287 Or. 45 (1979) . b. Hospital Matters. Michael Jewett was on the Board of Directors of Ashland Community Hospital from 1985 to 1989 during a challenging period in the hospital 's history. He is familiar with the problems of Medicare reimbursement, quality assurance and declining patient census. As a board member he attended seminars on hospital law and ethics and acted as the de facto counsel for the hospital on a number of occasions involving collections, employee relations and disputes with insurers. 4. Describe your, or your firm's capability in providing legal consulting services to local government units, and identify your local office attorneys who would provide such services.. All three partners are available to advise and represent the City. Since each has particular talents and specialized knowledge, the City would have access to an unusually broad base of experience, more than any one attorney can provide nowadays. We work together on many of our cases and would do so for the City. If the City preferred that we designate a single attorney to attend council meetings or to handle a particular case, we would do so. Generally, we are flexible and can adapt to the City's particular needs for legal counsel. -4- 5. Comment on your, or ,your firm's capability to provide constructive suggestions for improving the city's administrative procedures. If hired as City Attorneys, we would plan to meet extensively with City department heads at the outset, to learn the details of City procedures and the legal needs of each department. We expect such meetings could alert us to a number of possible improvements in City procedures, and would provide opportunities for preventive law. However, until we have such meetings, we have no specific recommendations about changes in procedure. 6. Identify your, or your firm's current municipal legal experience and indicate which accounts have been served within the last five years. The following is a partial list of our collective experience in municipal legal matters (others are listed elsewhere in this application) : 1991 Advised City of Ashland regarding "sleeping" second mortgages on subsidized housing and prepared model forms. 1990-1991 Advised town of Butte Falls regarding its municipal water supply, located on private timber land. 1989 Represented City of Ashland in court seeking declaratory judgment of legality of donations to Ashland Performing Arts Center. 1988 Advised City of Ashland and wrote its comments to U.S. Forest Service draft EIS on Mt. Ashland ski- area expansion. 1980-1982 As City Prosecutor, Michael Jewett repeatedly advised Ashland Police Department on procedural matters, and prosecuted crimes and code violations in municipal court. 1980 Litigated City of Klamath Falls v Winters, 289 Or. 757 (1980) , appeal dismissed, 451 U.S. 964 (1981) , involving scope of appellate rights from municipal court convictions in Oregon. -5- 7. Estimate the maximum fee associated with your proposal and project a maximum annual percentage of increase which can be expected for the next four fiscal years. Include your firm's billing rates for all applicable classifications of professional personnel, as the city may require additional billable services. We are unsure what the request for proposal means by "maximum fee. " For the services described on page 3 of the request for proposal, we propose to charge a yearly retainer of $60, 000. In part, this is because we think that the City might need more than 20 hours per week -of attorney time for the described services, at least for the first year. The maximum annual increase would be 5% per year for the next four years. Our firm normally bills at rates of between $100 to $150 per hour, depending on the type of matter. Jerry Jacobson is admitted to practice "in California and usually charges $120 per hour for cases in that state, due to the added complexity of California law and the higher legal fees generally charged there. Otherwise, we charge $100 or $105 per hour for all other matters. We would bill the City $100 per hour for additional billable services. The total fee for such services is impossible to predict. 8. Describe the method you would use in charging for any special requests, reports or broadening of the scope - i.e. , how such a request would be handled, rates, etc. As mentioned above, we propose merely to charge $100 per hour for additional time. If that procedure is acceptable to the City, we could give rough estimates of the time required for a particular task in advance. We now send each client a bill each month to show that client how much work we have done. We propose to do the same for the City. This would allow the City to keep track of the bill and to call a halt if a particular matter became too costly. If litigation occurred, we would bill the, City for the out- of-pocket costs of such litigation (e.g. , filing fees, depositions, investigators, expert witnesses) . 9. Provide any other information which you believe will assist the City in making its selection. Our firm provides a mix of talents and training which is uniquely well-suited to the City's needs. We draw on experience including land use and environmental, criminal, and -6- administrative law, civil rights and experience dealing with hospital and other relevant issues, both in and outside of litigation. The specific details of this proposal are negotiable. We look forward. to serving the City of Ashland. Dated: May�3 , 1991. JACOBSON, JEWETT & THIEROLF, P.C. ICHAEL JEWETT, President -7- June 3 , 1991 ' .OREGO Brian Almquist, City Administrator /{(� ram: Tom Weldon, Assistant City Administrator u�tE Composting on City-wide Clean Up Day On May 5, 1991, ,•the Street Division and Parks Department collected yard debris at the City's Recycling Center. This "free" (to the public) service was a big hit. We had somewhere around 150 vehicles bring material to this collection point between 9:30am and 4:00pm. At times, there were several vehicles waiting to unload. Ninety yards of leaves and grass and 45 yards of chipped materials were saved from the disposal site. These materials were taken to the Parks' compost site where they will eventually be turned into mulch and used in the parks. Costs are as follows: Labor (6 employees' overtime- includes benefit costs) $1,292.42 Chipper rental . (2) * 204.22 Truck rental (4) * 627.00 Loader rental (2) * 722.00 Lunch 24. 66 Total .$2,870.30 *Internal rental rates The City-Chamber of Commerce Clean-up Committee believes this was the most successful part of our 1 day campaign. We would like to do the composting collection again twice in the fall when the leaves are falling. GTW:rm\clnupdy.bla MEMU�ANDUM To: Brian ALmquisr From: E. R. Dasnaw Sub jr Drdinance Procedure June 1U, 19Y1 �y ~' - sit a recent council meeting a question was raised concerning the adoption of ordinances under the charter of the city. The question was how the cnarter limns the authority of the council to revise a oroposed ordinance during the legislative process which starts from the time of the introduction of the prc`p6sal to its final enactment as an ordinance. Thc charter deals only partially with the subject, directing its provision to one situation of Particular concern and leaving the Other � situations to council ruie. The only provision on tne subject is: "An ordinance enacted after being read by title aione may have no legal effect if it differs substantially from its terms as it was thus filed prior to such reading, unless each section incorporating such a difference is read fully. . . in open council , , ' as finally amended prior to being approved. . . " This deals only with revisions in the proposal where it has been read by title only, and suggests . that the public reading of changes must take place sometime prior to the final adoption by the council (any time up to and including the second reading for adoption) . It does not purpont to deal with the authority to revise a proposal in the course of consideration in a case (forexample) where the proposal has been read in full and not . by titie only. It is concerned only with the situation where no one on the. council or in the public has heard any public reading of the whole ordinance; a situation presenting special problems---not so much of fraud as of credibility. Therefore, at the risk of being unduly repeti+ive, it was written to deal with a special situation. The general subject of revision before final adoption is left to council-rule ordinance, a legislative act specifically contemplated in the charter. For example, it is not unusual for -charters (or counril rules) to require that changes be reduced to writing and attached to or interlineated into the filed proposal prior to vote" The document as thus revised is retained as part of the recorder' s file as part of the legislative history and the total revised ordinance document is prepared and signed. That is only an example" Many other alternajves can be considered. Sometime the council may want to adopt a procedure for 'the filing, identification and custody of the documents and revisions leading up to the final document, all to be retained by the recorder if the ordinance is adopted. / ` , The or adopting resolutions is entirely a creation c� council rules. The charter does not specifically deal with resnlutions, ' It may be an area where some streamlining can be done by the council , if this is possible without impairing the credibility of the process. ' ' ' ` tiJ OF `(y Pmaranidum O4EGOa June 12 , 1991 Q• Mayor and Council �rQm. Vic Lively, Chief of Police �II�IjEtf: Liquor License Application Application has been received from Richard C. Davis, dba\Andre ' s Restaurant for a Liquor license, for a Restaurant located at 1209 Siskiyou Boulevard, Ashland. A background investigation has been completed on the applicants and approval of this application is recommended. VL: ldk STATE OF OREGON Return To: APPLICATION OREGON LIQUOR CONTROL COMMISSION GENERAL INFORMATION A non-refundable processing fee is assessed when you submit this completed form to the Commission(except for Druggist and Health Care Facility Licenses).The filing of this application does not commit the Commission to the granting of the license for which you are applying nor does it permit you to operate the business named below. (THIS SPACE IS FOR OLCC OFFICE USE) (MIS SPACE IS FOR CITY OR COUNTY USE Application is being made for: NOTICE TO CITIES AND COUNTIES:Do not considerthisapplica- ❑ DISPENSER, CLASS A ❑ Add Partner tion unless it has been stamped and signed at the left by an OLCC ❑ DISPENSER, CLASS B ❑ Additional Privilege representative. DISPENSER, CLASS C ❑:Change Location PACKAGE STORE Change Ownership THE CITY COUNCIL. COUNTY COMMISSION, OR COUNTY ❑ RESTAURANT ❑ Change of Privilege COURTOF ❑ RETAIL MALT BEVERAGE ❑ Greater Privilege NU a of Cry or Count') ❑ SEASONAL DISPENSER ❑ ARR)(IEIYEU ❑ WHOLESALE MALT RECOMMENDS THAT THIS LICENSE BE: GRANTED BEVERAGE &WINE ❑ Other mtrrrrecrr C1 WINERY DENIED OTHER- MAY U 3 1991 DATE BY (Sgmtun) l�t.�ipl (XJ C(cm MrsfaN TITLE C� o G t 4 CAUTION: If your operation of this business depends on your receiving a liquor license,OLCC cautions you not to purchase,remodel,or start construction until your license is granted. 1. Name of Corporation, Partnership, or Individual Applicants: 1) Pd44QPS Q 1'6.//,1 2) ZX.0[T74 M. LAl.41 3) 4) 5) 6) (EACH PERSDN LISTED ABOVE MUST FILE AN INDMOIIAL HISTORY AND A RNANGAL STATEMENT) 2. Present Trade Name /tn l�Rf_J I 3. New Trade Name Yeariiled »:m cprpor.tien Dernmisabrer 4. Premisesaddress StZ Krv..ei$[u�. JblfLAa.e TACSSe.._ 02 Ci").520 Mu trts Iwral Rowel (GM (Counfill (sutel Rip) 5. Businessmailingaddress (P.O.eo..Numbi,,,Steel.Rural route) (City) (Sure) (➢p) 6. Was premises previously licensed by OLCC? Yes✓ No_ Year 7. If yes.to whom: EANDt)FLi2 Type of license:--y�G 8. Will you have a manager: Yes_ No!� Name pAuuaer must fill M u4iv14us1 History) 9. Will anyone else not signing this application share in the Ownership or receive a percentage of profits or bonus from the business? Yes— NoJG 10. What is the local governing body where your premises is located? (Nerve at City or County) 11. OLCC representative making investigation may contact: (Neural (AGOrou) (Tell.No.—Bone,pusiness.measepa) CAUTION: The Administrator of the Oregon Liquor Control Commission must be notified if you are contacted by anybody offering to influence the Commission on your behalf. A DATE Applicam(s) Signature 1) UVIC CdIDI •�. (In case of corporation,duly authorized officer tharpo �2) !e/K/�•L-r 3) 4) 5) Onpm.l— - tucel ce..mm.et 6) Form easas<eo (3-90) o o d o x a o :c aai 'd Cd Cd oA � p„ ° � o � � � a°og � � � >; a co O H qJS cd d o q d o > o U w d O ty d 7 00 � a) �pp a 8 cd o `� q is o a g a 3 boo ° o � ° one 0 3 o bo � b to a8ao a -a°= U« 8 i g) "0 -0 4) 0o ° °00y5 0 to � a° w > w G '� b d O y a a b ty on u o ` a°i s g ° °DO°`o a a � 0 °n ;: a s a� d ° v E _ 0 fa 04 -a Cd Nr O '�oO 8L w o 0 o 0 v O ° $ to �° "bo w Ry U N H q t IC = w 'o O O w gN GV •� td N b y A ed q a) .0 `� d G O H a) IS ✓t CL VE °! �d w i N •d O O o'�MNY 'd AF N y �d N l°V •°'v " ° b " �'a.U '3 > r� a u c� aE''i �o c� w 6 4i h C 0 o y a) b O O •� d a oo �o a' a '� p, « C-a Q. H b •�y �. � W •o " aQ. �5 `Z ° 9 Pa' S N cd .r 'b ob > O « 'Es o Op ° a � 8 a -" a TI C 4' o 7 c"o. N to Ioo N Ix q O u N a) a o eo 4) b � ° .« 5 ' �Ny q c V F=- a 'Y~' e a°ia : a � o � Q � caaai � °go'L� o 'wT. 4) 3 0 � N O Co (D f0 CD � O f7 I 0 0'N r O N •p W C V 829 -0100 'N CW D V Qr 20 Rf aa� a} ((�� .7 W V ' � O) n O N V2 O Ol �� O 4+ O C V o Vk (V t�pp ea�� uu77 aa}} CID o cV�yy � CY pp Ono W NOIOOfI N •.7 . W y J9 A4 ^� � O9 N Q 4 O V C c c y S C O N �+ o TL r ^ ` ^ �� ^. mc � b � � to c cm v m Ik p� NN aa}} C O �pyp O) A W 00 00 0 W b v Ty o jai � ��tl £L � !N yy 8 O.2 IL C L—CCoo $ = I° 04 o 6. � � � to y cy � � � � c :� 'a hccaxi � b ., � � � M.� � a cd >, 4 .a N 4 0 64 -- ' •- .i7 X 4 bb .G a � O [r p °N° O°a aai �.8.•'°0 � ow OR 200 o o n 9 a•b o � Q q q 0 2 Q 2 : w '0 y a aow o 40U OV 40) c14 M r� O V N `b •C A '� O - y' p 'i(y� V c'ca •y :� N cd C m M r- W40 V NN �c7t,- 0a� WCp V V •�^J ld V �'. Q,C h S � W NCCoo 4 cOAACD aDM `" a) El td C) b y jq CL E Fn N l{^'! aQw °q �� bKi �° ") a In m ca oo c cM 8 ►1 ° mm g r� t.7- pp � ��ppmsv � crn7 ° 4) a HF b ^ W fOaP .- NNtn O Q N N N y 0 ,� . . •e~+ (� O Q+ �y 4 W a w ,A •i�+ W ba ttR Z o � :� o � � W :� •t°v .n h3 F � .. T O a w n E o � C%l C? ' c �b b E c L, 1w � A a c Z W N fb �.N.M b A O V _ 0 -0 •Fy 4) N .. .. w7 lit,m. N .�° ° a h � S4 0 d A c c b a • � o a o0 pi " 4) 20 0 o 0 O � � o i c � � x o .y d q ` D w ob v y o. c a Vh 0 0O I .S C a .0 04 4 0 8 oo w o a d 3 �` Ir Cf h ° ••-1 Vl wc� ° •� q U Oq N O 'G N �' �' •p d q .- w t .. 'Eb.� w •E N N b ': O a w d p O .. 3 w •. h � tn ° b o 'er .. � o °' � � Lea N c b d a y � `'j.. � odq � o4) cq c 2Wo 3F daq� p o 0 C7 yqy ° � p O, d y ° w >>�y .� w 6b y 4. -;F,6 , Ctl yW �>` � o y ° w 'y � b yH " o a ,$ x b o °' O0o a ° py M o c N 00 9DW q)0 0 0 > q � o ,V .4 � o � - 000'fNS7 •� a c ., a acj °� .: � " °' c"a 'Eb ;� °o a El d '^ G .py.pyy .yd/ •a o ° « vy N ono {�. r7 .n cd ��! {o,, ' v� •N W N h •� iV N a, r/ N of f9 � 69 a N C Q S m O co It O It O O O O W 't O b C aQ tV a aD V lV a N C O co h O Z E Of •�' N �N N co cV N WV O O O N C C aa—° a y N co f, -w N co w U) O N co O LL C LL CV V O W C a Z co CV 1q r N M � O f0 N �- tf U m C y u° c c E c �i QE m m 7 15 t t 0 V p N y V N C Qf U a y !A V U Q �lcQ J U C p� 'rj L 'O tlj m d a cCW0 U U V Q tm Q LL K co a Z (U H N ' � � •^ � d . N d d �° p .0 ON .'a-. q .a cad Q� N q v O `� 0 .O .(D-' cd o i a °o ° cd ° ° o ° 7 . '� .`d v7 N a cd c d d C U ao °R : �. ° cd v vS � °P. E dNo yda � -' .. NO a d °0 a C4 00 0 D ., o d >,-0 ° d q y3 0 `d d p ° °' °q ,j2 ca. g n � ;g ° °a „ p Cd b w 00 `� U A°N' b d o° o w H e a°i .eau v� w ° aai b dip mV* > � � �� a°. q) 00 N aac0 >dd R y .2 � N q CD ° � =N s•0 ow aa $ w O f3. w g c ° .,--T .-� mo w , .O N 'qeA p 't7 > h O •� O •� y0 d N fy� •N-� °O G w .N. O � O � b ° N � � q d :b wk 04s '0 Ngi' h d � °o � q � t; o °0 0 0 a �¢ ° pCfi °q ° R) z..0 01.00 3X0 « 3 � a' pC a 0 . o a q) l ta. ~ � q 0Cd J.4 � d O .V- OO O N f0'c0 •d d >, �qq+ w .q 6M9 dom c 76t0N � N � 3e w � O � 'N ~ .q O F E w v b 0 E ' Q q ° o a� � S OONOO � 00 E .a C �. jjj[^��7 r .N d td ° N S a d p y yd„ o q U a '- ° 0 do - 'nom .- O F v E� 00000) F c w d co 12 N ° V C S N' ^ 0 a ° t O ° R a Gd d U N W tm d 3• O « cd "0 00010 6. �7d Ol d d O d E E y d y U �- N d 0 cm 9 U d O d a `.' Es C t N O .q w G 07LLw 2 — ca (9 N add h N to h w c� ) ° d N eA «. O t- V a p EL 0 cp � a o Cl) r oo n rn U) Q to a� 0, ui co ad a) v ri w he1 w00 n LO y ° w e o N ° r°.' a 0 h N r b N N b �. Ly H bQ Y1 O" O q �° o ao v GGo a o a`3 g o k to c h L •5 r r co co co 03 NM Ro fD 4 u 00 b � � 1p •a � 'S `� H .F � Z Vk O Nr r, .. N Ma ^ � ` O � Op ) co t q pp w A y 'q IiP O F q 0 .0 O N � q o co u i ` ate a L 2 ���qq D O ry 5 °tf _ H .cr ari m Q- !• p .�. rOi, •q0 o U- U- � � U. CL in � 0 F- O « q d 0 -0 -0 — �, �j, �' q q N [� N M d b N O ° ' p 0 R 0 a� x o gtsoo o -° o ) cd p a) a. $ u w 6 .1 d -Rai b p H w .dy yy .s ° v°� CD a> 2 f.9 •O tNy. N N M •O Cd . td y C «. H vS .-. p, h .� •� O `� N CL Q ai Cyh � �, ° po w o � ,, 3 "' Joppa `�yoa� yode��q (,�� � p d ts d a� 04 gd W; �` S cgd N CJ A y o H Ci � ..y. ... e,p� ° oo q Qo H U � � c Da oN cd 0%Co � o o o pw d d �+ eoo +4 « ,5 Nb �l � ... tr •C, a0 EA Wd g d .. El ° o � c ° w c y . A '�' 0 a °«' O 7 � HU cv : U ., r o N > o V 0 .� N — 'J O a ® ® a ® 0 U o m a>�i > J� :3 a v Cd w . y 'a O 0 0 9z N b V) ao M ti y oo= ° a O a°oo cv a a `° 00 w OI .� O M y p v h p mm °o bt h a`"i o a°i v Cl. 4) v 4) w w 00 a m p Q o ►o WN h O x d O 00 O V C.0 d r y 3 V t :: w ^. w p wn' a M o . �O .s �, .9 Q ' � � a � •eo ° C oop ai h cv c� Fi o w o° 0 .0 r3 .0 ° c>v .� o ' � v, N . ., N w 7 3 d •� O o GL tV = w oo N d ,°w, .� o caw c qe a'w Q g ° b� b pC 5 ►°, .0 w C �7 `� dao .. as so q) qr cl tn cl El 0 bo •� y d on:° w •� o �5 �oy a, oN N o d a. a a 0 El h o � 9 � a O w V�an° °c o � 9 .� o°o R. 3 °a Oo � � � n W f� 'Wea� � po ° Gam' c„ O ..'�'. •.'. N d cV e0+ cC •� OO• '0 O •O+ 4) h b T O tb 50Cj con a 3 h bA cb 3 N . oU c 3 to ° a ° h x a � � as oz � gQ`i L a w 10 o v w c ° o Tc33 3 •� •° Ow °papq °' o � •°5b ,�. a. ;; ia y « 3 941to0 � o5oa � b � IQ `w° $ °' °' q 60 °p °° a� w a� a o o°'og y a a A w .° N h o ° o py a � co ° c Wv o � > � � obi 40 cl >, «a � � �s w �. O ti d a ts. cd q a� cV w o .a O •�.a p � � �°,� � C3 pS. pS, d o q G d p p Q p -o lu p u o' h 5. ovii o o h h aao x y a q ., 000 '" aXyaoocY. 3It v a � e A n w C e aka' a oL ■ ■ ■ M . O ® 8 ® q cl v 0 x a � � o api c°3 en ao m w m y Q w a O y O °3 N w N •� " co pja u 'b 0 ip aw� 0 S7f d+ 6j yv� y .° � O a ° N tit 0 a q 0 s3 0o o 73 co d 0 -0 Q y d d O � Sa .ao b « o � � . q W it O 'O W ,a bA V o' O � c a � � � aa, ngo yo 0. 00 x 0 00 '• V 0 p o ,� .c o ° 0 w 0 ° 00 w >, >. to N .: w .. ae ae ae ae ae o ° EO ae r`ri6' v y O 5 4`)6Ld o �.4d G FN d Oo O :3 y x00000hn N - �.w � � d j a 04+ •00 BiNr `ad uv� N LLL�777 3 0 ° a� �- A" O e� r r O � w O •G � � � W y � [G a b q : $ d0 a d •ti 3 � ae Gor- Lnep to t0, O NOV) b O (O Q � 0 F7 •� cc a CO w w tj {y 6T ��y. •=a N W IS- OV V ° ) °' a N 0 A :8 � � oo �y � a> � � a 9 • .•° _ ,` y •� N iz ° 44.) •0 O es �j •9 a � a 0 3 0 0 .0 w00 3 �ib v °° d ff 0 ,° Nc g G 2iy o o r o 4. a 3 0 o a S o 0 o a w 9a`~i �u O° c w o `Xd g v o. a o ° a� a 3 ;; w° C ..d c� p, G O O N p, 4) .9 m �� �� 3 aa d ° • + 3d' eo 14.) '00 0 0)4 c 0zj S °° � .9 � .T °qo ' .= aas 3 ad � � .Qv Vq°� � o w V � i3 > Y o•A A p O� o .� •a K b � q o 0 � 3 d ° � � � c $ 3 a d 4)q) w 0 p � � ecnaai 94 - $ � � •x d c c � :� obi c � �� � � Cd .. �av o O .. 3 � Pw O � ig aaa > au . v a z o ai o� a +�Cd w F tl P. N p Q d a •-0 > •chi �� g 4. g ,vi � cv•�v p� °� b .q" '� .tj `� � •y d a>.� o � ° $ wince N .a w a 4) .. 0 ,.3 cd cd w4L) ° q d w o Cd 8 $5 ' � a 0 '8 ° 8 ai ° a d $ oGv3` 20 � �" 3 d 00 c v ai 3 a o 0 100 A 3. aai G o ° G °' G •ov°' � � ^" iJ o h B Al td d y O a °> a3 .0 V q q 4) 4;;;, 3 ': N T m -a 4 y .n ;� C� °) a'"i a b0 .`� to ai �. cqo O d 3 H $ ~ y .p'+ °(� q � V ' � � td °�' b o 8 o g a a 0 0 y a � •5 8 � a � ° o o � �° A aai ' 6� 8 .. oa8 � 0 yo 80 . y cdp q c2 °' �ai �> '4 > a 8doO o d y .� w ° cd a 8 o ° • o � ry° � � o vo CO �y a> Z. 8 �°° .8 .� t� •0 .n '8 00 o y d 0 O cy p ` o�.:3 cd ccd O u $ d cd to Ci. [,Ci j3 A •pC q 0 � �N �+ oN ° 'wau .� uucau � Oai � ° yam " � ° � a ° .� � a _oyg § °t8' > g 0. a y a h to v u d r b G A V ' O ca. a � by Odd a •� d y� y 1Q^op�y yN ti o v � � �❑❑ o � � ~ o ivy 6 � ,00, 'd4p) A � 9 '� (n N N `� ld •O W b� • O V V � w x T 'd O . o ay N w O 'y d a Q �O O a °O y ai oy'" co o � a Suy v' ° °a � a o u ° aO� 'Rl ' •� N ° `e'� y VJ ko ACO..= � oTC� � .� � � aC°n � e � � � � °n o n • A .fl o tp y •d >g • o oc ['c o N CDy � H q N w O cda y ° «O q bo w 41 0 -Sow C o ° V •O I '0 w 0 w '� � 'S � b '� a N 124 Z, cri gz 3 $ IS N q 0 gto v a a o � o �) a * ' . h a o � � y a � Q 3 � I , 0o c 8 3 �y o : aao ay `� 0°05 c o ,u7 c ° h C� o `� � °' � o a g c 0 CIO 0 "a .0 qV O U p ay °' 0a � .� v � o .� 'a� � y o ai Cg .� •�, U � � � �o w a'i •� �a i '2 a `' �o.� opo•o� � ° go .� Oa�i � � ° :� � oaai � � ... wvo � ¢ ... 8 � a � Gcd � oaa � v o 0 Wpb ° c o cd a dd p fl 4 8a tiva0, a > $ Cd : a o Q''a o o W O 0 ° N a O g d to Cd y 04 2 o a o w a> 0 ., ,o p a atwo g d q N. �. . � .3 •0 . " o ll O ,a o y d !4 a) cr) g cd by ° � y y ° ti N ° ° a � •� a� .a ° p � � h •u> ow .a aai aAi �' p A n y d w w ° �. .. a) a> ci oq eb a 0 d w.w h ° a a w' y � a `�i �r� ?,� a � r' � a�i SoA .rcd � baCa. ,b ,'3 �•+ � � � cd � ..n � ,.n Co c� � n� tY C� z y k 0 •0 W U 1 'y o o . . ovo � oo �5 o � aa � co c 4`�y U 0 C .� VJ � y V� •d o��Y y .Li U ~.0 y �° 'o cd N 0 � A � o 4 � y y 5 y W 0 ma � V° E ; r.. cpv Cd C c q C « CL y Iu 0 d a3i �o c� a b «t d ° O 3 ° c a o a pp❑ N ai 5 � b '4y �ai i S w W a ca d ^ H .4 .� O 7 N o0 0 N'EL bb CO z a y p p r! M cd •a coq °.�r ca� o w° .s3c � � a ° ,� c � '� � � o� � � aa"idaa� oao •� o � .tea '« O G. A °f1.A aa � o b v M co 40� vd gon� w° v � � « a � yN = .ao � g Q aai v tiv 9 � i d N tb a 2a N Oi O O d a a d $ °'o �L 5 0 3 .0 $ °�' H o 40 a e o Rh i C Q ' $ &4 Cy d N I y b°Oy w° i ° �� Me N N A r. O p 6. � O •p w 0 •Gw a O aN o o �Fa > o y W > a °D '° N N'a N 'i R ai a� °a4) , c 4) o a O C O b �„a �' O N T O h b y ° 0 N h C p «`3 OD a N �y o''.� :: ~ O a o w N O a � 4.)= w v a g � v � b � v a ° � ,r �r o -0 '~ $ >, o o • � `c.� 8a 0 q� v P. o N o a o2 •fib a2 0 :a 4) 0 O .a d O .1 0' 3 � v0° -S (L) � ItI p > � o � � c0 It � � v i �0 2 0 � $ 0 .0 0 • 2 v , G o v a, � 4) •49 c� S on o 8 � a -0 8;; v aiaioa o ' a, O 0-'0 ) . o "• i q vd $v a � a .0 $ a ; E° °° °g � ° 4) 04)i ai o aoa0� aq oo � va8v qO 0 C's Fao 0 .+ a.... w �� O C � N cd o o v `c`S 'C d fn y O N 4) 4 2 bN O O _o O t+ rs� o 0 3 o d m v h > p"C d7 s .+. a> m• a� "' h v cv cn d '� cd q> .. C +J :� b h •w h b 3 d N M ca M O Q o �. OW "� EO3 ° ab ao ° yotj � L7a � 'y a � OOH v 13 ;dw ? a � Ej E ca agi ' o g •� °a R' '04 awi -O % .p.. pq) cn o tom* cd a o q y-'c� 3 q ) � � e0i a h �+ a; a� o; ow 4:3 a o0 �s .. d .� 'O o .`$ q .� O C N n q r w m �CC US N G w p E4 Sy o N o O 'R E S N ° 8 a p cacao ` E ¢ _ am c Gov e ( c o m Eva B Em Ecn E� c 1) gsvm orr -00 $ Ec E 9 Ec-a 6] 1LL V .- F N Z F 2 .03 F (o Z co 12 ►- ti ti 5 Q:.� ..a. ..a. "" •p a N yy •O b N O •i7 „�, �- .ti. N •- o o c o •� ' 0 H b y •d cd .+ O cd "' a N T 4. O w •v � � a o,� y 3 � � ,b a � � A � � c 3 [ ci Ei o v o❑ o « a ° y ab � ova ev O O 00 V ° o 44 aO ° " a0OzOah ° . hN � fl 'b Z4 t: A O ate. 7 O " 0 ta.CD en C,3 co oo ° °� a , S os N 0 3 o d ° a � .� cv ., a aaCd o o v "pp' H �, p nt .�T c .T �c• pat •�� '3 o w .N. Vi.� a0: �� -cJ4 N o cd a 'pQ a w ° 'N C 4pQd 0 o y y 0 " y �. tj 9b > qw) E A a o .•e"S .h. � ' O u, o oR Q 4 ' V N 0 cd w c o ° ° oTom' � o 441 ca w .s Z g o co L7 3 -6 -a >, o � -a bo pp o m.9 � O v ? � o c ° m� y 5 8 8 oN C El °: Y $ o x M 3 oa d 5H c d 8 ca 0w o � ° 8 .. a ,0 or� 03 p� w � o " afo •� '� aci8v� aa . d.wb ° v � aa A. .r: h YO w a �a o8 ,w q a O ci Cd i . on .�° ,, a• ° O '� •u `� QQ taty�� a�i a CZ O w ►y •b ry U Q�i w l.1 tD ti O �. p .� ,O cV ' b k. 0 C �-ai cV cd v O > c U O lV N w p N co 0 4w o C3L N 0000004 - O @ 'b h m q j' 9 N '� 1 .n N r La ary (� ib V cVd p V •dp h ,M' N y O O c 3 0 o to Oa. � d 3 R m x so rn d O 'O p 8 V ° ° � O q La ° o a °C a8i a d q 3 9 ° d . � 0 LO 755 �i aniN ` � !q .� 8 w � N t`2 ..>` «� o ':� db co � � a •`� 0 a m so r:L6�6 a6 ai a o d w CL w d 7 V O 7 ~ � "O'' 8 h �jJ a �>ti� 'yn i7 XU Q' V V al cd 0 ,8 lu M Al e q VO b O a a •� .(�n V can V Jd+, °ti YN N O O Na d p-S O r d a Pa. B N .0 -0 .cVd• [y�L V o ` toa .� c N o y +' N � a 0 vi d .9 A 'y y a`3 .p N yy N O '�y •p �'�d„y F .pO w 9k, 10 N 'O p Q .+ N p O V O •>�+ •.7 •y d O Cj a N � w a A, °' R. � o �g .� :� IoW � � ,d . � � � NC7 ,c; •n � �� •� p pa '' a�i a�i 8 � c aai " ? .� ay c� 8 da aai i Cd Hd .� 0a � � d y 'O N 8c •� V ° ° O >' V a Nw ° p . J S.> w 3 4. A gb o N a q q i3 V 3 ffo .0 0 0 -0 Q • w ' � CL � op � ad ° � �p e 8 c 8 o a ° �•.y o .ti o v w °: Cdd o 0 o cd Y ca ❑❑ p � a ° v a Q. «�+ ° cv cd � aOo •E E2 Y" G o w x Iii El ° bD V � to Cd o 0 a o .0 v N y cd a .� v V y w C', N b . C pp Q O O N O C Y p •"' O« . w ° en o c p o cd a ccdd `R7 r a G ° ° O aai •� o •o °' �° c� 'o :3 4, O cd N :; o c d a m � v . y 43 a � iY � w ba o N a '� •0 �� 4)b d a y a 5 b o ai ob� ai o � ` ¢� o � ,, 5 9 � .� poo " off ° ° p• N .. d w° .vyA °; d ter. > a x a ." d oN a aa ° o 8a .. X, RZ4 >' ° D e o d p °w CN+ a G7 a V �M w � �' �•� .a � )J q° " 0 1 0 g ° d N w 'Q ` ` a � 41 .a ld h cd >� y°�y cydV Q. bD 4 W 'fl T+ q .V Q �. m 0 y. t/J ,teaa. Q •��"] 'y.� iy$ �d •� aq. h ^� •�'•y �i N 77 v cn m 1v�iJr e� wy 3 d Q. - p 0 40 o .. oc F7aa -- u 3 h C) y N a a cQO0- av� oNC� , � C! ° a� •." a� ° �q a9w y0 •d opo °> °o = M dd .G N •�`� �c`m�' cacdvc�dy d ed W o y � o$ oo w � c �v. o oC° O c•o-+ ... «.� W aN lM�s >0 'C, O NW •Oq �'~r w ' v(w 7 '•�V oan w , v C a -C p • , o 0 JR.14 5 % ° N ° Q- ° - V V va a U° ° 0 aaoa � c> a p y� i da cd O m N N d Q L) cd 0 N ) 00 �[°' •w�V 9 cQ d�d y y a W u Q mo,, o �cl 4 Vb� a o o a .c Q i > o a o . cc � w a cd o � btN d rn ;•+ b a O C �• O N U 0 to C's 0 ❑ 'D ON w ra— .2 P « O M V 4 b) cy � y C O d O cd •p C rn w cE ci y spay S°. o\ _ o y >1 a°'i a I°y' .any °c o c` a s a a •d r N H a V b a to (d a+ •� ° o c~Nl maO" �„ a N - ° ` gy >1 IV , ° w N w � a ° pp � 1'04 ° o � c v GO ° p .d •.� r .'�� d _ h � . � O ld V y N p w q>%= C ° ..40.� « � 0 C W ~ 4) 4) t 4d 000n" VO a� p g § tw ba 0 co • a q ,� ad a ced aq °r' � d acd ° w � h a � a� � o ° � o � ° oa a b � � co�. a� eo a Z ' o1 ° .d a'dao '" off ° � b'� a � S . .c � a '.3 pow o w `r�� > > ° 8 40 � � 3 cd o. a. v C°a O ° = 4u -0 a b Q d .ta Q gam' ° o o ,o to 4) a �' > y acIi m •w oAa ~- t9 -i '° � .ap" =0 '"o w o >, oaou " °' a � 10 I to 14 'Cl to tko „ � o eoz � Op ° 'y� 5 at eo N CJ N y 1� y CG o yd o 41 d o A c q " a °a m ° a o ° 'a a o o y 3 .° o •iy.� ° �cd a h oo° a � ai d a w co z cl 5 p p vi bU y a:. cd n3 •p b Q -C N N y N 3 'U C •D a w u cd :^ u v ctl i�� 'C C7 a w L� u � O C O J Cd cd h 'o a o O0 N a o i ai ai u « cd C's Fv ❑ cd ca ,�,. (� .b a U « y p w w � C .. ao � � v �° igg. Ayo . , o � � � � o, C � oa Y! cd 'yy G O�aN N d •N i O �>1 ����1r�•� u �cCd O F�^ `w D b a+ "C ° � W ed A�, .y O 9 C Oq yy N d+ u T?V N V — V cd O � C,3 y caN Q = 'O d a cd bq pN oy c�f ' "a _t3 .� a�i O O 7E N 000 w 3 o C y r� ID.a 5 �0. �` .Sy •,,p, p h C 0 'CJ .+ O .". t�d .-T' b •p� .•�, cd `�1 ' cd O O ° u C i� u Cd .� a N .« ❑ M o h a3 NA boo „ o u � ,,•, •o .. p Cd� g •� '� � " � o �, ac-� 5 � a`' � c�v � •° a � fie' � � •� .cy °' vU .a ° o en o o C6 o >, c r3 : id o a e o 42 m .La M d) a b F N N (� •d w+ .+ rA . 0 VOA fd .7 y o w N 'C7 y V V {""{� p y ��d •• r� ��q •� '� y ��yy •fir CJ a �d N O a D 7, b0 Cy ' „C., ' O d) N O q «+ o 'cy •O cd a cd ry v� tl a � .� � � � ° aooF3 0 .0 •0''� .� a � � � o .o c � o op E o � n pE h N o c. cd � cn E y mo =d o o .a u cd ci 00 0 Oai obop a� ago ° b .d O C p V o 14 'N •o p' b Q ° b •5 N .+C p ,5 0 41 -E 44 Q a v 4) pr a ., ^ ` 0 Cd03 qo ca cd =1 0 O ' yy o O O t: yam; $ o 0 w a N cd ° N °n-a b •o '«^° o a j o �p .. y 4) O a g p� 4) �y q h. 0 3 a v ° -0 -cg` o � a giw Ob o ce, � oO " u 2 'd ° o O v t- ° as w g5c a cd o in to C-4° ap o c"v �a �>>°>; � -•� >> u E a aaa o° Do �oo , obo aoo� rp o o o O w,�o di0 � 0 4) a o o ° > p "C N w c a _>, ti o c uoc .4) oEg 410 O N � O ' � i v o o T d N w H w 0 O V P � a a q o r c to � inn 0 bo o EoEai OO. aaiapin aoi �j c°• cd0 3 y u � a oCd toe o q da0' IT.. o0 Cl � � - to aoo u haw ow � ° o0O o'r'oa ° ° u '�� bnc a �o � E cd h"'u a ' o w ,00. w n 0.1 o N �T ; > 3 •9 "LQ 00 o ca O c° �"s o 0 -y o a� i ° �q r a c o ° w cu Cd w eqn o°$ o ;: •� b � cd "o O � cc; 3 3 > °a o a � U . - °Ndcd34 > o4820uQ 40? c � A v n oo a Cd -0 o •, 04 aon a •y ego , '- 'n p d w a Cr p 0 C $ a 4o cl � aa� 48oJao o9 oo 'o' ai � yy a 4) '0 MN o � 3 d •° 0 C ° > `a . 3 o co a '3 a0 42 NN ° ca N S — " p o o nN 19t 0 o�h •_f a o 5 N " v a �c.�o+ m ;3'� a a 3 (L) 4) .[C 3 C> •�^ �t�b �* 'o 3 o& •'.5� ;b"0 ° °: o N v � .a 'L) y tw w A p° -cod b :3 14 0 e0 p o c0.0 b a) 4)i 4) :j 4v oC3 d Foo 3 i o ga � . �o : � h a a p A ° g .6 aai a ° y o a a'i o 0 ° c a 0 -0 V ° «a > c0 bo � w N q Cd oo ° ao a $ � 4) d S o `� 30 N pp°� �o CO b �° �Q o� a ° o o 0 .0 �° a ow •n 0-.o � . 8� � � � oaio q , e ° g te a. a-00 N �a 3 �3 bo 4) o Cd �o C a 3 «. o Cd 42, o cd CO •N N po /a C N (� a -•' h w •v VJ ° .. G7 Q. a) Iin: M 4) a ,w a, hoo `° �q 4 U h q 7 C C .� w •N N �°' N = B d o ° U o N 1 a >� d ca ° v � va3 �ao 'daai � ti °. oo �clf ° °° 0 oa `ka o Cd cM d � aw d awi E a o 0 Al 0 A w cd N ° a 3 3 5 0 .5 �o $ boa ca 0 d o � a � 0 0 U ° 0 °cd Q c o o . N a a) 0 u O cd p p p « a) O p « E+ .n 'd O — co 'b b � N .Ny ti HI (Q� f0 rr :3 V Cd Q) a N 0 '� o N V fn « W •0 •� G m s+ .� V C •y to, w 0 W cd Q) .Y to a H c ^ uVb 4� d ov .o o cd N,7,'�vC' cd h Z w ' " m 0 0 O Oy 1i 'g tG+ v ,cqd Q a v O N cd ' O N q w cd cCd Cd .rtib ao h a d °� o a eoo0 79 0 0 in •p " a y� N 5 41 o GO X3 C3 u pp v y a cd ° 'd y > V ur apO p cd Y � [ y ' •G 4) O °' vc� Nm V1 .+ .y wy ° N -l� l7 10/J •.� O .� ^•� Cl a ca cq v°� aw .�� « � wo NCd cenn ° MoBR .0 C's v^ a41 fi, ° 3 . n 0 o o ,;, ° s, oHV� «ro N _o q� ° a w w o , e a ox o and , a a a. �. cd a .0 u d m a a a o O a N cc 3 i q y p •.14 ... y ' �' b0^ .'Q. p w p d 13 15 •a ma°d a �`N$�o a er 'cy C�^l a .t'i 7 .5 ��'�•";; •y y g .r?ai b'�to l y��p-d Q v 3 a ic a y .N o� -a y�W•'c�d d N> '•u ayC y. „"ac •Q�) "c�N-' aom 'O w F.ey.•o d-�ta o o 41 0 .-- py v a a { bW A cd w cd o a a .0 C cd s o Qc d o ; � � m ( 0 Q b y 0` m Cd ;b� m • a om b y o m to �, p > -4 M 'O o cnMw N am ° h p . co d o � . D � o`W-' ym 3 •r"'' %'O •a�0•, ° 'gy o- a . 4) =ti a4) 0 bo wen 30 � �= tccda d d U �° ° p ` bi y� 0 CO � O m N ow co O vi .y,, o a a.w �w .�a » Uti a d 3 w n� a5 r o a) I « N pO � � 4) ,u Uw �O . 9 �o o bo .;d ab •a8 '-' ate " •° ,ai >„ o °, •. a� o a ca o v p 3 a> o ae � Q $ oo ° a cu a� o y Ej o ° r� Q a " c°°a N N "yp T o Q y o o cv °� CC) bo 5 a c h o '40) oU o n °�' o � b c 0 ° ca^ .v.� o . tloz Sy .. 3 a c � o '� '.� o a�i '� x > 'd ° w o ° ''00 '� O p G. N '0 id "�� H r 'O C 'D h �d Ci w Ci V cy cc 0 -0 e� VI ° O •� Q• Cd 4Vi 'l7 ) 430 � •Z � ° a a Vo J C •o n 9 . . ai �04 a o6a vy•`V cd J FQi A as c 6 a o v ae h ate' ° eoo A a e A tzi bO •g � O a � d yC0 a Q do a 0 b a N � o " 0 � cd p coo v oo co ° os �w ow A V 0cd cd c0. a Ewa 'o a y$ a as .o .+ 0 m CD 0 Q. o V 'O'O cd a � > eoaaaa oq) � cy � � o as $ n°ib oov o oqq `° �°, � oV bo '80 22 4) IU o q i� c•� «f W q Z h Q q O 44 a .0 0 0 y .J y cF•tl `� .V � ° 010 ] v ° � �« "off ci .9 ° Z � o � ai $ ter . ° aJ w �., w CL avi a d n U > a 9 � •� d � a>i •a.r �+ V p d w i 0 -6 0 a o � � v O '0 O 0 C, °3 o bo U , O h Cd O r h cp. N .: M N O ❑ OA 'O O ^ N V C O C D «O •`n q Acl, > • h p , w o o 44)i q " V x•w o ° " aai y N V 4" q q V .L" w .0 R N 0. �. H w •O V N O w p w o � . U •p�'. , 91. 4) 'b V 'O q vi " .• b y h .L" . q 'y SC X 3 CO G o u aoi " °' 3 a> ° '" 3 �° � a h C o ° q ca 0 A g 0 � � � h w o a tko vVNi 'd❑ V G V « '� d u O id q .a cd V 'O « w U 0 O H O bUO O C O•O N 5 .F..', 7 C4 CO gg ,, ' > :I g w U a a g q d V d 0 q q a " d 3 A vV° a >, °' ° d a� d 4) 4) d cnw oda . oS E a � � a °� hootaowoo � (L) v E 4 T ry N y « ed •O .� `� 'O . of sh 0 .°b�o .cb >G"o °F a w H c h a o o o " •a p> �a 9 a 0, a o V o c7 O 0 U �pt.i 34 O O o a w o CQ •'d�N U -1'- o ° > � V a"i oo � � to 46tV d v --Ja c o o a h a� � � 0 o c a `h tl` U •« d ed y p .4 V 00 •h3 b 4 > c H O �b °eo 7 4) w d . �:a q h eo w bo . 00 o w v a� cad ° 'a y o ° `� c°i a>i qo �" c 3 b 0 o ,a ed cd o 4u Cd 4L) wy �O P ° V ° N U : 0 4 O o N = o a V U Cj . b o, q Q, O V O q O d•° .. ° °' -' 0 -0 ca o V i ` " y o °Fj' � x :: o � c�d � ia� ° °° ° � v� od �° 0 � o � y H y p G , ,- cd y q V 'o 0 >:, w r 0 T w Q y H Q 0 P vp y o o Gam° a a"i y o o y h o W � V a � V y ao; a' >U o q q a. c U !Z- O O Na--.. pdU) cV c d U q U ,r-U ti d) bq 0 y app p N o w V C� w i7 vU p F- .q a c> a Z .. a p K .. u a a e o �+ LL' a 00 z W a .�r-C .O [ d a1 bD � an d 0 0 a � z $ Ua .0 b ss � � b « u W �buarq 2Y ' G o a q k v� p H ° tdpp cd t «ar Od "N' Q. WW 'L7 t� ayi aj 1-1 .�+ C N A v b�y o ai E cd I c ° . scd adb a . a o � r, C b ed .. d N � ° •� > � F. VP cis •� �' o. ' H W W a d d cL '" '"ri O u u 'C abi �o C�•'^� O a)6+� a 0 O H n'i l!,,�... Vi Qd CC 5 b V « u C V DO a) q W z r� CQ7 N b F. t•i b y y E C-0 'O .G q > -.8 q � b y C ay+ 1 3 ' o ° OW � a.. � � 40. 0 � ot � ob o c c E" T as fa q W a5 m a � ;', v a a a .. �+ �] d eo .�. q y �aa) q i4 W C q 7 b C O 5 > vOCi o v � co La i ° .0 � a Ee � r� Q y .r 0 h N tl '� V tai, ° ° o i� •0 4) •o � •o u� c CdCD w as , C 5 . a? 'h G ao 0. 0 v ai 0 °�a a w yop Q apa � ° " y' ' 1 S, a o5c b d $ �. cc °q ooy o Cd `� a "40) � v o 9 0 a Op � z y T t ,j Cd • a w p yCd > c o cdA '0 � o � vo n $ u o 4 0 0 0 ° o .c`� /p{ d npo wa>i " o w 6 1 h ° N Cd ° to 2 z td ni (V 5 N N 0 y ai O„ ou S v1 > O d k �' V y V w F.• 'r. CJ ca L C ca C v k m m u o .b `� •y a'.^o y a ar c d w 4 >y CO Cd CO p ca y 3 0 � 7 w m .P w w,W n'° o a p o 4) 0 PO y +Oi ^pp > W Cd cd O A pz Po PC 'cl CO C,ai...,. . k .., � p ai ►[r^ �d w p y aa V N V� �O :3 o u aa C a O a >C �u ' ° 4A 'S k k0 v p " y y �++ �+ y d y Ok 03 'w> 'n O a bD d d a s E o O a E •... O w U O p u M ea V 'C k 1. w C O .+r+ k aJ k >a r ... ..^i. u •w a0 " L'r' k u tl " y , k "�'! O C p>. W u 'C " .d C d r. aUi a'° o °�' mod+ y '° .ko. . d aka u '� .�.c •O y. 00 A � •3 � aka p 0 p � 4p6+i a yg O" W aa k O o :: p k y e w m w O d w y a+ au; 0 m E k � +koyi �K W c ° v k k po PC as as v N u V > o v G y .k, Sk+ W En u u b co n O d w b b k F d y, y ^ po W ++ a+ A � � k ad ^ d y "yy'� Opy!po ',c k M _ O •Ci y y y a� �' a Ni' Fi co E m oa d d 0 �, •' 0 k M = a d q a v a ap '° °„ cd e a T a a k y y y °� A ra ao W y, O E S c no e . emu. 0 e �a. ° �uw�r a y cd p 0 C3 y ..i aq+ a d b y Fide C 'O k y_O co cc cs PC PC Fi O a' d W y a W w• a£, .yi b67 Oktl 'O it PC a+ au .. .+ u k�i' k k Z+ p o r .+ 'O a� d 3 .2 y 0 _ d � u '•per+ X g�a ;' H p v� ( > .. �y cd ^ q C: y .bD lCi w aC+ it •a O +pi 0 .0 �+ � � .'C. u A � �+ � as m C � o y �• o as A u •ay . E w � k 'E: y q a bA � 'C ., •'� .'k..� ck„J 0 Ld w W old A u r co w a 0 e PC cd 5 . Oa [ h m k N C' Qi O U k 'y 'C V o ' u° � £ b y 4) PC d ca d H ja.0 i N Q k' p VAR q p�� q o do C p b Y N L d y�+ PO Y k d Y ^�' q Y Y k d Lw q aM a 8 u 8 8 a Pill .0 d �' & d a+ w o � b °' °° w X q M ♦i�+ w � Di rlf��y � Y ' r Vii u d ~0 V �O O .�'+ W CL . - Cq pp pp N � a a a D\ d W �O a - a 0 o v u u rn .av odo � � gc9 oY + u Yv . 2.1 V ti N > > � El ca ° d + v Qg a� O W O O .0 •� 4 • 't7 rg -4v g 1• It/ :3 •8 P'1 S IO v W V p 13 CY U V J � b o o ° cl 03 w bo C pe IOU.40 o as 3 ca a� d 4' !�I d (bs�" C04 N 0 .� a p, bo Ck IOU b.7 03 CL y W w .� q j 0 y y C y u a Lam` o ci ^" aim d y q o v fMY^7 . u U O A a ca .0 y s C3 C u� ld �Ypi v v`jr`' M qq U w fC 3 V w . N.Ci V O N �-1 d N F •O David Schieber 586 Glenwood Drive Ashland, Oregon 97520 MEDIATION AGREEMENT Ashland Hospital and the neighbors of the hospital have reached a mutually acceptable solution through the mediation process . The parties, on their own volition, have agreed upon the following terms : A) The location of the future medical office buildings will be located according to the 2-B plan from BOORA (see attached) . B) The location of the buildings will be set back 90 to 100 feet along Maple and 20 feet from the future sidewalk on Chestnut. The parties agree that reason- able efforts will be made to save the large evergreen fir tree. C) Two two-story medical office buildings will be built with each level comprising 2700 sq.-feet. D) The height of the buildings from the floor level will be 23 feet . The buildings will start at 7-8 feet below the street level on Chestnut. E) A sidewalk will be built on Chestnut from Maple to Catalina . F) The hospital has agreed to remove the chain-linked fence on Chestnut. G) Both buildings must have a pedestrian access from Chestnut and to the hospital . H) The neighbors will submit a list of criteria to the staff to be considered in the design review process. I ) If conflicts or questions arise in the future that the parties cannot solve by themselves, the parties agree to mediate before going through litigation channels . The parties agree that the above terms represent the mediated agreement . Signatures frora the Signatures from the hospital neighbors Steve Lunt Ben Benjamin Frank Billovits Nancy Peterson Walt Hoffbuhr Reider Peterson r ,David ,Schieber, Med • at r e�dayy III- J c C3 I I _ I � � � a I � O_ II � I � V �/ m l 'b Z. '1b.Id�3�•1 , 4• ., �. l I 11 l l l ' ( I IT H 1 (: 1 • CI Y A 1F • y UL .r June 13, 1991 Brian Almquist, City Administrator Steven Hall, Public Works Director Re: Construction and Land Development Moratorium Proposed Expansion of Current Area ACTION REQUESTED City Council conduct a public hearing on the proposed enlargement of the existing Northwest Ashland Moratorium Area. City Council consider whether to honor existing water services and/or paid water applications. Note: Wording from existing ordinance accepting existing/paid services is contained in proposed ordinance. ` City Council consider adoption of attached ordinance with findings. BACKGROUND On May 4, 1983 Ordinance 2252 established a moratorium in northwest Ashland. A map is attached for your reference (Exhibit "A") - The existing moratorium was based on a 20 pounds per square inch (psi) water pressure elevation established by R.W. Beck and Associates of Seattle, Washington in a" letter dated March 26, 1982. The service area of the water supply main is larger than the area of the existing moratorium. Consequently, new construction within the service area of the water supply main outside the existing moratorium area has continued to reduce the water pressure in the existing and proposed moratorium areas. There have been "letter" reports from R.W. Beck from 1982 to April, 1984. The reports investigated and discussed the then existing situation, projections of the impacts of future growth and solutions for eliminating the existing moratorium. A letter report from R.W. Beck (February 1, 1982) has a map attached which noted the area for which "additional development in this area will further reduce the operating pressures in the vicinity of Strawberry Lane. " A copy is attached for your reference (Exhibit A subsequent letter report (March 26, 1982) further divided the area into two sub-areas. The first area is that as listed in the current moratorium. R.W. Beck recommended that "additional development should .not be permitted in Area "A" prior to .the installation of the 24" diameter . . . supply line. . . " . The second sub-area (Area "B") expands the area to the same as noted on the February, 1982 letter report. A copy of the map is attached for your reference (Exhibit "C") . The 24" line listed on Exhibit "C" for upper Terrace Street has been constructed. The current study by R.W. Beck (April, 1991) further reviewed the effect of growth since the 1982-1983 reports. You recieved a copy of that report at the May 21, 1991 Council meeting. GENERAL DISCUSSION Based on the R.W. Beck .reports, growth in the area has continued to decrease the water pressure in the area proposed for moratorium. This is verified by the computer model analysis by R.W. Beck: ---------------------------------------------------------- Report Location Projected Water** Date For Year Pressure ---------------=------------------------------------------ 2/1/82 Strawberry Ln/Ditch Rd 1978 21.2 psi 2/1/82 Strawberry Ln/Ditch Rd 1985 17. 3 psi* 11/9/90 Strawberry Ln/Ditch Rd 1990 18. 0 psi* 11/9/90 Strawberry Ln/Ditch Rd 1995 15.0 psi 11/9/90 Strawberry Ln/Ditch Rd 2000 12.0 psi ---------------------------------------------------------- * Projections based on different population growth estimates for Ashland. 1982 projections were higher than 1990 projections. ** Based on Peak Hour Demand from computer model. State law [Oregon Administrative Rules 333-61-025-(7) ) requires water suppliers to "Maintain a pressure of at least 20 pounds per square inch (psi) at all service connections at all times. " Normally, a system should maintain a minimum of 40 psi during peak hour demands. We are providing about 20 psi under peak hour design demands. The water pressures we generally speak' of are "average pressures" and are higher than the "peak hour" pressures used in the R.W. Beck analysis. Although we can physically measure the pressures in the field during the .peak hour, that does not meet the requirement of the state law which mandates the City of Ashland to meet the 20 psi minimum at "all times". That evaluation can only be done by a computer model that takes into account all variables and the most critical condition for the peak hour demands. A computer model using software developed by the University of Kentucky (KYPIPE) is the basis of this report and recommendation. In order to conform with the "at all times" provision of the state law, the model is used for projected future pressures. The model indicates that the City of Ashland is now operating at 18 psi at Strawberry Lane and Ditch Line Road based on a consumption of 210 gallons per capita per day. The consumption rate has declined. in 1988, 1989 and 1990 to a three year average of about 190 gallons per capita per day. This has helped maintain the pressure slightly higher than the model indicates. The April, 1991 R.W. Beck Report notes that the pressure will drop about 1.5 feet of elevation per year based on projected growth. That equates to 0. 65 psi loss per year [page II-5, paragraph 3] . The 1991 Beck report demonstrates the integrated nature of Ashland's water system. One cannot isolate a single line or system without viewing .the effects on the overall water distribution system. On page II-6 it is stated that "Providing adequate fire flows to the areas along Main Street, Highway 66 and Siskiyou [Boulevard] will result in unacceptably low pressures in many of the higher elevations in Ashland." The partial remedy to this situation is listed on page II-7 where it is stated that "Increased fire protection to the downtown area [Main Street] can be accomplished in conjunction with the new 24- inch line that will be constructed to the northwest portion of the city. " The water line that serves the proposed moratorium area begins at Crowson Reservoir (Terrace Street and Ashland Loop Road) and generally follows Terrace Street, Nutley Street, Ditchline Road, Grandview Drive and Thornton Street to Tucker Street. The critical portion of that system is a 12 inch steel line that was constructed in 1909. The pressure in that line is around 200 psi in Lithia Park. Normal operating pressures in a water system should be 40 psi to 90 psi. The normal life span of a steel line is 50 years but, since our water is low-corrosive, the line has survived for 89 years. In reallity, we are living on borrowed time. on this water line. The type of pipe used has not been manufactured for several years and any repairs have to be "custom made". This section of line extends from about Terrace and Holly Streets to the upper end of Nutley near the Ditch Line Road. That is the only way that we can serve the area. All of the other systems adjacent to the proposed moratorium area are lower pressure and cannot feed the upper areas. DISCUSSION OF STATE LAW-MORATORIUM Oregon Revised Statutes (ORS) defines criteria for declaring a moratorium in Chapter 197.520 (Exhibit "D") . John Fregonese has prepared findings based on those requirements which are attached to the proposed Ordinance as Exhibit "A". MORATORIUM AREA The existing and proposed moratorium areas are described on Exhibit "E". General information: ------------------------------------------------------- Description Area Number & • (Acres) (Units) Total Area ------------------------------------------------------- Proposed Moratorium Total Area 461 100% Total Undeveloped Area 328 71% Total Buildable/Undeveloped 200 43% Existing Moratorium 134 29% Paid/Existing Services Number 60 Area 41 9% Metered Lots Number 17 Area 47 10% ------------------------------------------------------- Staff considered a "secondary" moratorium area as recommended by R.W. Beck (see Exhibit "C") . The secondary area is connected to the recommended moratorium area by a pressure reducing valve at Wimer Street near Prim Street. The pressure reducing valve allows water to flow from the higher pressure (moratorium) area to the lower pressure (secondary moratorium) area when the pressure in the lower area drops below a predetermined value. Since there are very few undeveloped lots in the secondary area, staff does not recommend including it. The limited opportunity for growth will •minimize the pressures in the recommended moratorium area. DISCUSSION OF FACILITIES NEEDS To remove the moratorium, . three facilities have to be constructed._ ------------------------------------------------------- Description 1980 Cost 1991 Cost ------------------------------------------------------- 24 inch water main $ 616,600 $ 930,000 10 inch water main $ 99,600 $ 150,000 500,000 gallon reservoir $ 277,800 $ 419,000 Pump Station $ 1111100 $ 168, 000 20% Contingency $ 221,000 $ 333,000 ------------------------------------------------------- TOTAL $1,326,100 $2,000,000 ------------------------------------------------------- There are four potential sources of funding for constructing the facilities including general obligation bonds, revenue bonds, certificates of participation and State of Oregon Bond Bank for Public Works (loan) . The cost can also be offset by water system development charges based on the percent allotted to growth. A report will be made to the Council on a recommended .course of action within 60 days. SUMMARY 1. State of Oregon has established minimum water pressures for water service (OAR 333-61-025-(7) ) at 20 pounds per square inch (psi) . 2. R.W. Beck and Associates have established areas where State mandated minimum water pressure standard (20 pounds per square inch) cannot be met. 3. Staff has established the service area of the water main(s) that serve the proposed moratorium area. 4. Construction of an buildings in the proposed moratorium area will cause an incremental decrease in water pressure in the moratorium area. 5. Staff does not have a recommendation for the honoring of the existing services or paid water service applications. Staff feels that this is a Council policy issue based on the existing moratorium ordinance (Exhibit "F") . 6. Subject to decision -by the City Council on Summary item 5, staff recommends approval of the moratorium and adoption of ordinance with the findings prepared by John Fregonese. cc: John Fregonese, Planning Director Keith Woodley, Fire Chief Dennis Barnts, Water Quality Superintendent Jim Olson, Assistant City Engineer Pam Barlow, Administrative Assistant encl: Proposed Ordinance w/Findings Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" ORDINANCE NO. AN ORDINANCE OF THE CITY OF ASHLAND DECLARING A MORATORIUM ON CONSTRUCTION AND LAND DEVELOPMENT IN THE NORTHWEST PORTION OF THE CITY, PROVIDING FOR EXCEPTIONS AND DECLARING AN EMERGENCY. WHEREAS, the City of Ashland and Oregon Administrative Rules identify low water pressures as a danger to public peace, health safety and general welfare; and WHEREAS, the City Council has adopted findings which identify a need to curtail construction and land development in the northwest portion of the City of Ashland until necessary improvements have been made; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Ordinance 2252 is repealed upon the effective date of this ordinance. SECTION 2. Title. This ordinance shall be known as the Northwest Ashland Water Moratorium Ordinance and may be so cited and pleaded. SECTION 3 Purpose and Intent The purpose and intent of this ordinance is to protect the residents of the City of Ashland, specifically those residents in the Northwest Ashland Area, from a further reduction of existing low water pressures. SECTION 4. Scope. A. A moratorium on building permits and land use planning approvals is hereby declared in the area identified as the Northwest Water Moratorium Area, identified by the map attached hereto as Exhibit "A". B. No planning action that would create an additional building lot may be processed or approved in the moratorium area. C. No building permit may be issued that would have the effect of increasing the demand on the water system within the boundaries of the moratorium area. SECTION 4. Lack of Water Pressure R.W. .Beck and Associates prepared a report dated April, 1991 which determined that certain portions of the moratorium area described on Exhibit "A" will have insufficient water pressures during the time of peak hour demands and that any new construction within the said moratorium area will further reduce the pressures herein described. SECTION 5. Exemptions. A. Building permits may be issued for lots within the moratorium area which are eligible for water service by virtue of having. paid the current fee for such a service prior to the first reading of this ordinance. B. Private Water Wells 1. Building permits may be issued for lots within the moratorium area which will be served by private wells under such conditions as the City Council may deem appropriate, including, but not limited to adequate water storage for fire protection purposes. 2. Such private wells must meet the requirements of the State Watermaster and Jackson County. 3. The owners of such lots must agree to connect to the City domestic water system when available and sign a consent to participate 'in any future assessment district related to water improvements required to remove said moratorium. C. The City Council may grant exemptions to this ordinance if the City Council finds that there are no adverse impacts to the water system which will increase the existing deficiencies. SECTION 6. Findings. . The "Findings, Conclusions and Orders" attached hereto as Exhibit "A" are incorporated as a part of this Ordinance. SECTION 7. Emergency Clause. Finding that an immediate danger exists to the public peace, health, safety and general welfare, the City Council declares that an emergency is declared to exist, and this ordinance shall be effective upon passage by the City Council and approval by the Mayor. The foregoing ordinance was first READ on the day of 1991 and duly PASSED and ADOPTED this day of , 1991. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of , 1991. Catherine M. Golden, Mayor Enturandum June 13, 1991 G4fGG� p: Honorable Mayor and City Council Aram: Brian L. Almquist, City Administrator uQje Request for transfer of sewer service In 1979, as part of a settlement of a lawsuit between the City of Ashland and Harold Hardesty and George Helfrich, the City reluctantly agreed to provide one water and one sewer connection for both Hardesty and Helfrich for one residence each. The City was very explicit that the connection be restricted to residential purposes, and the agreement provides that the City has the right to enter these properties to assure compliance, since both properties had active commercial uses. Mr. Schrodt has purchased the Helfrich property which includes a mobile home which has been connected to the city water and sewer system as allowed by the agreement, and the former Ponderosa meat packing plant. These properties are outside the Urban Growth Boundary and as such do not qualify for sewer service under either our city ordinance or our Urban Growth Boundary agreement with the Jackson County Board of Commissioners. Mr. Schrodt has asked if he could have a second sewer connection or if it is possible to transfer the sewer service from the mobile home to his business in the old packing plant. He asserts that the amount of sewage would be about the same. If the Council grants Mr. Schrodt's request it should be as an amendment to the November 1979 agreement with the following conditions: 1. That the traivsf6rr' from the mobile home on tax lot 39-1E-4B-600 to tax lot 38-1E-33- 600/700 for the factory be limited to the specific use proposed by Mr. Schrodt, i.e. SCHRODT.MEM the wood products factory with restroom facilities for 3 toilets and 3 sinks. 2. . That in the event that the property is sold for another use, that the City reserves the right to disconnect the sewer service if more fixture units are added, and that the City reserves the right to enter the property on reasonable notice, to verify the number of fixture units. 3. That the sewer system development fee required by Resolution No. 91-22 be paid to the City of Ashland upon transfer of the sewer service from the mobile home to the factory. 4. That an annexation consent be furnished to the City, in the event that the Planning Commission and Council include the subject property within the Urban Growth Boundary in the future. In addition, the Council should adopt the following finding-of-fact: 1. That a sewer connection for a single family dwelling exists on tax lot 39-1E- 4B-600 which was authorized by the City Council in November of 1979. 2. That the transfer of the sewer connection to the factory on tax lot 38-1E-33-600/700 will not result in a material increase in the amount of effluent. 3 . That the conditions of approval will insure that the premises are maintained in accord with the basis on which the transfer is being granted. .4. That the City therefore believe that the transfer will not be detrimental to the city sewer system, and is in the best interest of the City. SCHRODT.MEM 1040 East Main &recl Ashland. OR 97520 (503) 482-5021 ESI''NSZ June 12, 1991 y City Council Attn: Brian Almquist City of Ashland Ashland, OR 97501 Dear Council Members: We respectfully request to be included in the City Council meeting agenda on June 18, 1991 . We are asking for permission to either tie into existing sewage hookup at 1285 Oak St. , or transfer existing hookup from the mobile home to the factory and put in a septic system for the mobile home. Our proposed hookup would be to service three (3) toilets and three (3) sinks for our employees. We do not expect to use the sewage system as part of our manufacturing operation. Thank you for considering our request. Sincerely, GaP.y�Schrodt Pr_es dent Schrodt Designs, Inc. G5/jlb of AS& Y� IEixtorixixxrt June 4, 1991 ' �REC0 Q: . Roy Bashaw, Acting City Attorney rum: Steven Hall, Public Works Director - - � �iTQiP�I: Request for Sewer Service - 1287 Oak Street Gary Schrodt contacted me to ask if the old slaughterhouse on Oak Street adjacent to Bear Creek could be connected to City sanitary sewers. I reviewed the request with Mr. Schrodt and indicated that he was outside the Urban Growth Boundary and could not be connected to Ashland sanitary sewers until he was in the urban growth boundary and annexed to the City of Ashland. The property is contiguous to the existing city limits and would require annexation prior to serving sanitary sewer service. See attached AMC 14.08.030.G and H.2) . Mr. Schrodt indicated that the City of Ashland and the owners in 1979 (Helfrich) had an agreement to provide water and sewer service to the property. Attached is a copy of the Agreement dated November 8, 1979. Mr. Schrodt asked me if he could "transfer" the sewer service from the single family residence on Oak Street to the proposed business on the adjacent tax lot. I told him that I did not think so, but would ask your opinion. The critical wording for my decision is in two paragraphs of the agreement with highlights added: (7) City agrees, within thirty (30) days of request to provide a sewer connection and water connection for one residence each- to Helfrich and Hardesty under the following terms and conditions: (7) (e) . ..to assure compliance that the above sewer and water connects are being used for a single residence each. Roy Bashaw June 4, 1991 page 2 The single family residence is a mobile home located on Tax Lot 600, T39-1E-4B. The building proposed for use as a business is located on Tax Lots 600 and 700, T38-1E-33 . Maps are attached for your reference. Please let me know if the City can allow a transfer of the sewer connection and, if it can be done, under what conditions. Thanks for your assistance. SMH:rm\schrodt.sew Attachments: Schrodt letter w/attachments AMC 14.08.030 Agreement Map / cc: Brian Almquist, City Administrator►" Cathy Golden, Mayor Dennis Barnts, water Quality Superintendent Jim Olson, Assistant City Engineer Pam Barlow, Adminisrative Assistant e;. • lBBt � � A.VtI�{I d 1040 East Main &rcct Ashland. OR 97520 Glum (503) 482-5021 •�� U�IYHUU//'1 ESIGNS= May 28, 1991 Steve Hall City of Ashland 20 E. Main St. Ashland, OR 97520- ' Dear Steve: As per our phone conversation of 5/28/91, we are planning to move our bird feeder operation from 526 Fordyce to 1287 Oak St. We anticipate an October 1991 completion date. We purchased tax lots 600 and 700 together in 1990. The property borders City of Ashland land (see map) and has been requested by Mayor Golden to be included in the urban growth boundary. We have a written agreement with the City of Ashland for city water and sewage hook-up. Presently, we are serviced on both tax lots for city water. We are serviced for city sewer on tax ,lot 700 but we are not yet hooked up on tax lot= 600. We request permission to hook up to city sewer for our birdfeeder production and office. We have plans for a restroom and sink in each of the two structures which we will occupy upon completion. Our operation requires no water service beyond the necessary restroom facilities for our employees, a modest use which would result in insignificant increase in flow to the treatment plant. Our engineers have found that we meet all requirements. for correct slope for proper flow of sewage lines. We have been approved by Jackson County Planning for our operation with the exception of a final amendment on the design of our new building. We expect an approval on the amendment by mid-June. I am enclosing information pertinent to our request. Please call me should you need further information. Thank you for considering our request. Sincerely, *Shrodt s, Inc. :1�6����,�-4l".^ ; iK�, ��Jr,t•:^�3^`a Fc��'S'"'�"��3�'x` • \' ����.y5'Z.r.. �c�!!r ! �. .Itlil 911 )liijl 11 v '�3 ti t —.nz 'rVyjs..,yt� �F\ y�. aswm �l�\�?rVfJ�^'kX� t _ <}.ht =L � W� a v � � Mm IN SHOW a 5 - 13 \ \ a J N CA AL, ' EFU a / /5 / 5 .8 r a /�� s y\\ I ¢•ro L��� �� �• s \ / ,wo. izc�..r � . � _'�� .• • � ..k... ... -- -•EA6-LE.: ..MILL. ..._ . .. RO, NIY C'C)mMC'zCa4 •. 3 91 E - �•'�.s -. -,• . .+, °� 700 +:> — — 60© R•5 ° 5/ ° • bye 3� - 1�-4g a;; 3 _ 313 IES\�� -A AGREEMENT This agreement, made and entered into by and between THE CITY OF ASHLAND, OREGON, a Municipal corporation, hereinafter referred to as "City" , and GEORGE VINCENT HELFRICH and HAROLD C. HARDESTY, herein- after referred to as "Helfrich and Hardesty" , WITNESSETH: WHEREAS , a disagreement has existed between City and Helfrich and Hardesty concerning the location and use of a road easement of City across the properties of Helfrich and Hardesty, and City and Helfrich and Hardesty are desirous of entering into an agreement . providing for an adequate means of access by City across the properties of Helfrich and Hardesty, now, therefore, INCONSIDERATION OF THE COVENANTS HEREIN EXCHANGED , IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: (1) Case No. 77-793-E-1, now pending in the Circuit Court of the State of Oregon for, Jackson County, will be dismissed upon stipula- tion and joint motion of the parties, with prejudice, and without costs to either party. (2) Helfrich and Hardesty agree to deed to City, in fee simple absolute, that certain parcel of real property twenty feet in ti•.idth upon which City presently has a sewer easement as described in Volume �. 522 , Page 20, Jackson County Deed Records , which parcel passes over . the properties of Helfrich and Hardesty. City and .Hardesty agree to equally share the cost of a .survey by an independent surveyor to determine the exact legal description , location and size of said parcel to be conveyed. -t Page 1 - AGREEMENT (3) City agrees to quitclaim unto Helfrich and Hardesty. all of its right, title and interest in and to any express and prescriptive easements or rights-of-way across the properties of Helfrich and Hardesty other than that herein described. (4) City agrees to purchase from Hardesty the property to the south of the above-described parcel at a value to be determined by an independent appraiser. Said appraiser will be mutually agreed upon between City and Hardesty, and City and Hardesty will equally share the cost of said appraisal,. (5) City agrees to grant to Hardesty an unimpeded easement for road purposes across that portion of the described. property from Oak Street to Hardesty' s property and up to thirty feet further so as to allow Hardesty access to his property; City agrees to further place a culvert under said road to allow Hardesty to exercise his existing water rights from Ashland Creek and to grant Hardesty a. pedestrian easement to allow. placement of necessary -pumping equipment, on foot, to pump water from said creek to the remainder of the Hardesty property. (6) City agrees to fence the north boundary of the above-describ parcel with a stock-proof fence and. to maintain said fence, and to construct a gate consisting of two 12-foot panels of lifetime gate , $. to be set at an angle satisfactory to allow truck entry to the Hardest property. Said gate, after construction, shall be maintained by r Hardesty. (7) City agrees, within thirty (30) days of request, to provide a sewer connection and water connection for one residence each, to Helfrich and Hardesty under the following terms and conditions: Page 2 - AGREEMENT (a) The sewer connection charge shall be $370. 00 each. (b) The water connection charge shall be $375. 00 each. (c) Helfrich and Hardesty will pay the regular monthly service fee thereafter for sewer and water service outside of the City limits. (d) The sewer connection will be provided at, the sewer easement, and the water service will be provided at Oak Street, provided that City will grant Hardesty an easement along the above-described parcel for the purpose of the .installation of water pipe to the Hardesty property. . (e) City shall have the right, upon request, to enter upon ' the property of Helfrich and Hardesty to assure compliance that the above sewer and water connects are being used for a . single residence each. (8) . The within agreement shall be void and of no further effect if: (a) Use of the above-described parcel of property as a „ road interferes in any way with the sewer lagoon on the Helfrich property, or, (b) If for any reason the described parcel is unsatis tory for use as a road by City for access to the sewage treat- ment plant of the City of Ashland. (9) The parties hereto agree that in the event of legal .action to enforce any of. the terms or conditions of the within ag.reement;'.or for breach thereof , the prevailing party in such suit or action shall be entitled to recover reasonable attorney' s fees from the other parties, to be set by the trial court, and reasonable attorney' s fees Page 3 -. AGREEMENT on a eal, to be set •��; PP b y the appellate court. DATED this day of 19 7dy r 1" . CITY O ASIiLAND Mayor 11 / Attest: / Ct Recce GEORGE VINCENT HELFRICH is L HAROLD C. HARDESTY STATE OF OREGON ) ss. County of Jackson ) Personally appeared before me on this -7 day of 197�� __.af �if c•c <rt` and ., .�. ..�cE� , who being each duly sworn did say that they are Mayor and Recorder of the City of Ashland, Oregon, and that said instrument was signed in behalf of said Municipal corporation by authority of its City Council; and they acknowledged said instrument to be their voluntary act and deed. Aze" NOTARY/PUBLIC FOR OREGON My commission expires : j?- 7-.P/ . STATE OF OREGON ) ss. :r County of Jackson ) Personally appeared before me on this day of v 19.7 , George Vincent Helfrich and F3ara1el, -CriiardE.et�.; who being each-- duly :worn acknowledged the foregoing instrument to be their voluntary .act and deed. RNO'jnY PUB FORiO ON My ommissio expires : Page4 - AGREEMENT SPAGfi � �' 71r� r . M FAl c STO RA6 f G oeltl6 R orgices ©0 r . OAK S7 • JACKSON COUNTY OREGON ADEPARTMENT OF ND DEVELOPMENTAN NING Kerry L. Lay, Director . COUNTY COURTHOUSE • MEDFORD. OREGON 97501 (503)776-7554 NOTICE OF INTENT TO APPROVE A CONDITIONAL USE PERMIT Dear Jackson County Property Owner: In accordance with the Jackson County Land Development Ordinance,, the Jackson County Planning Director has tentatively approved an application for a Conditional Use Permit to allow a conversion of an existing building to house the manufacture and sale of bird feeders on property located at 1287 Oak Street. You have received this notice because your property is within 500 feet of this parcel . The parcel is legally described as Township 38 South, Range 1 East, Section 33, Tax Lot 700 and Township. 39, Range 1 East, Section 4B, Tax Lot 600. The application was submitted by Gary Schrodt. File 90-10-CUP. The criteria (standards) concerning the appl-ication are contained in the attached staff report. The Jackson County-Land Development Ordinance requires that property owners who have the right to appeal receive a copy of the Planning Director's decision. If no appeal is received in the Jackson County Department of Planning and Develop- ment within 10 calendar days of the date of this decision, approval of this application will be final . If You favor this application no response is necessary No public hearing will be held unless you request one. If Lou oppose -this application, you must file a written request for a public hearing or submit information concerning the application to the Jackson County Department of Planning and Development before 3 p.m. on June 1, 1990 IMPORTANT: Please understand that Oregon law requires that you must raise an issue by letter or in person before the close of the record at or following the public hearing, otherwise you cannot appeal the final decision based on that issue. If you request a public hearing, you must specifically cite the Ordinance criteria on which your objection is based or you will forfeit your right to appeal the County,s decision. If no request for a public hearing is received by June 1, 1990 the application shall be processed and the decision made final . A copy of the application, al-1 documents and evidence relied upon by the applicant, and applicable criteria are available for inspection at no cost and will also be provided for . purchase at, reasonable cost. This information" constitutes the application record. Appeals will be heard only on the application record. Arguments must be confined to that record except when the evidence is found to be relevant and substantial , and when statutory time limits are extended by the applicant to accommodate additional review of the new material . CITY OF ASHLAND °, CITY HALL. ASHLAND.OREGON 97520 telephone(woe 503)482-3211 May 6, 1991 Ms. Laurel Prairie-Kuntz Mr. Dick Converse Jackson County Planning Department Jackson County Courthouse Medford, Oregon RE: Schrodt Designs — 1287 Oak Street, Ashland, OR Ms. Prairie-Kuntz and Mr. Converse: The Ashland Planning Department has reviewed the plans submitted by Mr. Gary Schrodt for the remodel/expansion of the current structures at 1287 Oak Street. We find no conflicts between Mr. Schrodt's proposal and with the City's concerns for the development of this area As you know, this area is outside of the City's urban growth boundary, but we do wish to see it develop in a manner which*0 be of benefit to both the City and the County. It is our belief that Mr. Schrodt's design.accomplishes this goal. Therefore, the City of Ashland Planning Department has no further comments to make regarding the future development of this property as proposed, and we would like to encourage Mr. Schrodt's efforts to expand his business in the Ashland area If you have any questions, please contact me. k u ner Asbland Planning Department 488-5305 14.00.030 'Connoctlun - Outside City. Itemises located out- . side the City of Ashland may be connected to the sower system when such connection is determined by the Ashland City Council to be in the best interest of the City of Ashland and to not be detri- mental to,the City's sewage facilities and such connection shall be on such terms as are set forth herein, or ms may be modified or added to by the Ashland City Council: A. That the applicant for service pay the connection fee as set forth in Section 14.08.025 hereof, plus the systems development annexation charge set forth in Section 4.16.010. The latter sum is in part to compensate the City for the cost of the existing sewer system and treatment facilities and which sum shall be placed in the Capital Improvements Fund for sewer system improvements. (Ord. 1954 S3, 1978; Ord. 2019, S3, 19791 Ord. 2092 S3, 1980; Ord. 2147 S1 L 2, 1981, Ord. 2263 53, 1983, Ord. 2316 S3, 1984; Ord. 2322 S1, 1984; Ord. 2449 S3, 1988) B. Be for the use and benefit of dwellings and buildings completed and existing on July 1, 1973. In the event dwellings or buildings are connected in accord with this section and are subsequently replaced for any reason, then the replacement build- ' ing or dwelling may continue to be connected to the sewer system of the City as long as the use of the sewer system will not be substantially Increased in the opinion of the Director of Public Works; C. There is .a presently existing sewer main or line to which the premises can be connected in accord with the monthly rate.schedules on file in the oflfce.of the City Recorder; (Ord. 1820, 1974) D.' Furnish to the City a consent to the annexation of the land, signed by the owners of record and notarized so that It may be recorded by the City and binding on future owners of the land. Said consent shall also provide for payment to the City at the time of annexation any balance due for the Systems Development Annexation Charge set forth in Section 4.16.010 after the applica- tion of sebsection A, above. Further, it shall provide for the payment to the City by the owners at the time of annexation of an amount equal to the current assessment for, liabilities and Indebt- edness previously contracted by a public-service district, such as Jackass County Fire District No. 5, multiplied by the number of years remaining on such indebtedness, so that the land may be withdrawn from such public service districts in accord with ORS . 222.520 at no present or future expense to the City; (Ord. 1820, 1974; Ord. 2147 S2, 1981; Ord. 2314 S2, 1984; Ord. 2322 S1, 1984) E. That the owner execute a deed restriction preventing the partitioning or subdivision of the land prior to its annexe- ' Lion to the City. F. That the owner agrees to pay the Wastewater Treatment Plant Systems Chargas.set forth In Section 4.20.030 upon and con- - current with application for sewer service'. G. That the land is within the Urban Growth Boundary; (Ord. 2322 S2, 1984) H. New single family dwellings may also be connected to the City's sewage system subject to the above provisions, except item' 0, and the following supplemental conditions: 1) That the owner execute a deed restriction preventing the );artltionlog or subdivision of the land prior to its annexs- tion to the City. 2) That the land is not contiguous to the present City limits, but is within the Urban Growth Boundary. - 3) That the owner agree to pay the Systems Development Annexation Charge set forth in Chapter 4.16 upon application for sever service. In such cases, only the regular saes; connect fee shall be charged, rather than the outs de city sewer Connect fee. ' 4) That the owner agree to pay the Wastewater Treatment - Plant Systems Charge set forth in Section 4.20.030 upon and concurrent with application for sewer service. 5) That electric service is available from existing City distribution lines. 6) That the City Council finds that the sever connection is in the best interests of the City. (Ord. 2297, 1984).' 14.08.035 Sever Use a Char es. The Sever Rata Schedules chall a seta s Way eso ut on of the City Council, theca (3) copies of which shall be maintained in the office of the.City Recorder, and shall set forth the sever rates for use of'the _ sever system within and without the City limits from the municipal _ "sever system. (Ord. 1775, 1973; Ord. 1777, 1973; 'Ord. 1859, 1975• Ord. 2021, 1979; Ord 2127,. 1981; Ocd. 2196, 1982{ Ocd. 2304, 19843. 14.08.050 Penalties. Any person violating any provisions of this c aptec is gut ty of an infraction and shell be subject to the penalties asset 1986).. in Section 1.08.020. 75 B5,forth ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10.88 OF THE ASHLAND MUNICIPAL CODE RELATIVE TO SALE OF TOBACCO PRODUCTS TO MINORS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. A new Section 10.88. 015 shall be added to the Ashland Municipal Code and shall read as follows: 10.88. 015 Tobacco Sales to Minors -- Intent and Purpose. The City Council finds and declares that the health and welfare of the citizens of the City of Ashland are promoted by limiting the availability of cigarettes and tobacco products to children under the age of 18 years, through the means of restricting the location of vending machines dispensing cigarettes or tobacco products. SECTION 2 . A new Section 10.88. 020 shall be added to the Ashland Municipal Code and shall read as follows: 10.88. 020 Tobacco Sales to Minors -- Definitions. (1) Accessible to persons under the age of 18 years means, in reference to premises, that no prohibition exists to the entry upon premises, or a discrete portion of premises, by persons who have not attained the age of 18 years. (2) Cigarette has the meaning .set out in ORS 323.010(1) . (3) In direct view means that a person in charge of the tobacco vending machine, while at the person's primary work station, can see the facial features of a person who causes the tobacco vending machine to dispense cigarettes or any tobacco product. (4) Primary work station means the place or area where a person spends substantially all of the person's time while in charge of the tobacco vending machine. (5) Tobacco products has the meaning set out in ORS 323. 500 (9) . (6) Tobacco vending machine means any self-service device offered for public use which, upon insertion of a coin, coins, currency or token, or by other means, dispenses cigarettes or any tobacco product, either in bulk or package, without the necessity of replenishing the device between each vending operation. (7) Under control of a person in charge means that the tobacco vending machine is: (a) in direct view of, and (b) within 25 feet of, a person who owns the tobacco vending machine or who has the right to control the use of premises where the tobacco vending machine is located; or, an employee of either who is charged with the duty to prevent persons under 18 years of age from obtaining cigarettes or tobacco products from the tobacco vending machine. SECTION 4 . A new Section 10.88. 025 shall be added to the Ashland Municipal Code and shall read as follows: 10.88 . 025 Tobacco Vendinv Machines Prohibited (1) Except as provided in subsection (2) , it shall be unlawful (a) for any person in possession of any premises located within the City of Ashland to place or allow to be placed on said premises any tobacco vending machine, or (b) for any person who owns or controls a tobacco vending machine to place or allow to be placed such tobacco vending machine at premises within the City of Ashland. (2) The prohibitions of subsection (1) shall not apply to premises or to tobacco vending machines on premises that are (a) licensed by the Oregon Liquor Control Commission for oh-premises consumption of alcoholic beverages or as a retail liquor store; (b) maintained for the use of employees and not open to the public; (c) not accessible to persons under the age of 18 years; (d) under the control of a person in charge of the tobacco vending machine; or (e) configured in a way that will allow a blind person, as that term is defined in ORS 346. 110(3) , who has training and skills that enable the blind person to determine if a person obtaining cigarettes or any tobacco product from a tobacco vending machine is under 18 years of age, and which blind person is in control of the tobacco vending machine. (3) Violation of this section constitutes an infraction. SECTION 4. Section 10.88. 020 of the Ashland Municipal Code is hereby repealed. The foregoing ordinance was first read on the day of 1991, and duly PASSED and ADOPTED this day of 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1991. Catherine M. Golden Mayor RESOLUTION 91- WHEREAS, the City of Ashland, (hereinafter referred to as the "Employer") desires to attract and retain qualified employees to the Employer and, as a means thereof, to make available to eligible employees the benefits of a section 457 Deferred Compensation Plan (hereinafter referred to as the "Plan") ; and WHEREAS, AETNA has been found to possess the necessary administrative, enrollment, and 'servicing capabilities for the Plan; and NOW, THEREFORE, BE IT RESOLVED that the Employer does hereby authorize the implementation of the Plan. BE IT FURTHER RESOLVED that the Director of Finance, shall _ be designated as the official representative of the employer with regard to the implementation and administration of the Plan. The Plan Administrator shall be authorized to execute such agreements and contracts as are necessary to implement and administer the Plan; and BE IT FURTHER RESOLVED that AETNA shall be retained by the Employer as a Contractor under the Deferred Compensation Plan and AETNA shall educate .all eligible employees of the Employer regarding the Plan and shall enroll and service those eligible employees who participate in the Plan. This Resolution was READ and DULY APPROVED at a regular meeting of the City Council of the City of Ashland on the day of June, 1991. Nan E. Franklin City Recorder SIGNED AND APPROVED this day of 1991. Catherine M. Golden - Aemorandnm June 4, 1991 �REGO�.`• Mayor and City Council Jill Turner, Director of Finance rom: UIIie Budget Transfers RECOMMENDATION: Staff recommends the passage of this resolution transferring budget appropriations. DISCUSSION: This transfer of appropriation covers a wide variety of transfers. Each transfer is explained after the transfer is shown. ALTERNATIVES: None suggested. RESOLUTION NO. 91- A RESOLUTION TRANSFERRING APPROPRIATIONS WITHIN 1990-91 BUDGET, WHEREAS, due to the circumstances stated below, the Mayor and City Council of the City of Ashland hereby determine that it is necessary to transfer and increase appropriations as follows: GENERAL FUND (/ FROM: General Fund Contingency 3� 0 TO: 1) Fire Dept Salaries 20,000 2) Fire Dept Travel and Training 1, 500 3) Fire Dept Prevention 3 ,500 4) Misc Dept Recycle Program 4,000 5) Police Dept Overtime Total O x700 1) This appropriation covers overtime costs which have accrued over the past few years. 2) This appropriation covers additional travel and training costs associated with the reorganization of the department. 3) This appropriation covers additional prevention materials and audio visual equipment. 4) This appropriation covers one half of the cost of the curb side recycle bins. 5) This appropriation covers overtime associated with the Mayor's review panel. STREET FUND FROM: Contingency 10, 000 TO: Street Maintenance $ 10,000 This appropriation covers the higher than expected costs associated with Storm sewer maintenance. 1 SEWER FUND FROM: Salaries $ 60, 000 Contingency 40 , 000 Total 100, 000 TO: 1) Professional Fees 60, 000 2) Equipment 40, 000 Total 100, 000 1) The first appropriation covers additional costs on the Brown and Caldwell Study. 2) This appropriation covers the sewer line inspection equipment that was budgeted in the previous year, but delayed until the present year. CAPITAL IMPROVEMENTS TUND From: Contingency 60, 000 To: Transfer to Debt Service Fund 60, 000 This appropriation covers the cost of the Parking Lot note debt. ASSESSMENT CONSTRUCTION FUND From: Capital Outlay 40, 000 To: 1) Debt service 25, 000 2) Materials and Services 15,000 Total 40, 000 1) The first appropriation covers the extra interim interest costs associated with the fall bond sale. 2) This appropriation covers the bond issuance costs. HOSPITAL FUND FROM: Contingency 300, 000 TO: Materials and Services $ 300, 000 This appropriation covers central supply items which are the costs of goods sold to the patients. / 2 / IT IS HEREBY RESOLVED by the Mayor and City Council that the above appropriations and transfers are approved. This Resolution was READ and DULY APPROVED at a regular meeting of the City Council of the City of Ashland on the day of June, 1991. . Nan E. Franklin City Recorder SIGNED AND APPROVED this day of , 1991. Catherine M Golden Mayor 3 RESOLUTION NO. 91- A RESOLUTION DETERMINING THE NECESSITY FOR THE APPROPRIATION OF CERTAIN LAND FOR PUBLIC USE. BE IT RESOLVED by the Mayor and City Council of the City of Ashland as follows: SECTION 1. The land delineated in Exhibit ^A" as Parcel 3 which is attached hereto and incorporated herein is hereby appropriated for the purpose of constructing,. installing and maintaining an electrical substation and related purposes, all in the City of Ashland, Oregon. Fee title to the property is required. SECTION 2. It is further determined that the appropriation of all or parts of the above described real property is reasonably necessary for the installation, construction and maintenance of an electrical substation in the City of Ashland. 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 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1991. Catherine M. Golden Mayor APPROP.RES b 34' o 69'103.5103' 6 _ y F H per' co ti F4 w w m P / CO CO U in Q � O I N M `U a `e' ED Q m IV �� V C 0 a' ,o> 'N bo .s2. � C m � x �. Q 42.411 P 50.53 110• CO `m •sB. P co I m '0 0) > N 350 a ° / U �s Q1 i o 1 .6' IC, m` a M y� 134.64' g0' Iq y AQ 60• y°h N - �°OF���`'°- Prttorttn � ixzn June 12, 1991 OREGO., �I11: Mayor and City Council r (29 ram: Brian L. Almquist, City Administrator Management & Confidential Employee Wage Adjustment We have now reached settlements with all our bargaining units with the exception of the police unit. These agreements call for an adjustment equal to the March 1990 - March 1991 CPI-W effective July 1, 1991. It is my recommendation that the wage schedule for management and confidential employees be increased by 4.6 percent effective July 1, 1991, and that the attached resolution adopting this increase be adopted. BLA:dcg attachment (1) PAYPLAN.MEM RESOLUTION NO. 91- A RESOLUTION AMENDING THE PAY PLAN FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES FOR FISCAL YEAR 1991-92. WHEREAS, the wage adjustment for 4 of the City's five labor unions are established at the National CPI-W in the amount of at least 4 . 6 percent. WHEREAS, the City .is in collective bargaining with the remaining labor union and the projected settlement will be at least the National CPI-W; and WHEREAS, it is the desire of the City to maintain its management pay plan at a level commensurate with its organized employees and with other jurisdictions when recruiting for management level positions. NOW THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of Ashland as follows: SECTION 1. The salary schedule in Resolution No.- 90-37 is hereby modified by 4.6 percent effective July 1, 1991 as set forth in Exhibit "A" attached hereto. 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 , 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1991. Catherine M. Golden Mayor � EXHIBIT "A" Effective 7-1-91 , SALARY SCHEDULE ( 1 ) 1991-72 A (2} B C D MERIT 13� � 6 mos. 12 mos. 12 mos. 12 mos. (max. ) COMMUNITY DEVELOPMENT: Director of Community Dev. 4251 4421 4598 4782 502-1 Building Official (4) 2967 3OB6 3209 3337 3504 Energy Conserv. Manager 3171 329B 3430 3567 3745 Senior Planner 2795 2907 3023 3144 1301 Programmer/Analyst 2436 2573 2634 � 2719 2876 ELECTRIC-. Electric Utility Director 4598 --' -- 4782 5021 Electric Line Supt. 4180 -- -- 4347 4564' System Design Technician 2935 3052 3174 3301 3466 FINANCE & UfILITY SERV: ` Director of Finance 4089 4253 4427 4600 48�r, Supervising Accountant 2875 2990 3110 3234 3376 Purch^ Agt. /Cemetery Supt. 2551 2653 2759 2869 3012 FIRE: Fire Chief 4421 457O 4782 50211 Assistant Fire Chief 3097 3221 3350 3484 3653 POLICE. Chief of Police 4251 4421 4579 4782 5021 ' Police Captain 3358 3492 3632 3777 3766 Lieutenant 3097 3221 3350 �484 308 Sergeant 2934 3051 3173 3300 3465 Code Enf, Officer 2797 2909 3025 3146 3303 Communications Supv^ 2659 2765 2876 2991 3111 PUBLIC WORKS: Dir.of Public Wks/City Eng. 4251 4421 4598 4782 5021 Water Quality Supt. 330R 3440 3578 3721 3907 Water Quality Supervisor 2702 2810 2922 3039 3191 Water Plant Supervisor 2702 2O10 2922 3039 3171 Wastewater Plant Supervisor 2702 2810 2922 3039 3191 Street Superintendent 2575 2970 3110 3234 3396 Street Supervisor 2551 2653 2759 2869 3612 Asst. City Eng/City Jurv. 3308 3440 3578 . 3721 3907 P. W. Admin. Assistant 1961 2039 2121 2206 2316 OTHER: - City Admin. /Gen" Manaper 6235 6484 6743 7013 7364 City Attorney 4251 4421 4598 4782 502i Asst . City Adm/Pers. Dir^ 3233 3362 3496 3636 3818 City Recorder/Treasurer 3340 -- -- -- -- Municipal Judge (pa) 2385 -- -- -- -- 6 mos. 12- mos. 12 mos. 12 mos. 12 mos. CONFIDENTIAL: Executive Secretary 1721 1807 1297 1072 2092 Administrative Mcretary 149E 1570 1649 173i isit Secretary l29i 1356 1424 1495 _1570 FOOTNOTE5z ( 1 ) Salary paid bi-weekly at hobrly rate determined by dividinQ monthly rate by 173. 33. Add $22 monthly to all rates for insurance deduct- ible. (Z! Advancement through step D is based on satisfactory worn performanc � � (3) �,�mpensation within merit step � is based on pervormance evaluation and one year at Step D. 4 includes *10 for certification a Building Official ; x50 for Fi re Safety Plans Review certification. ^ ` JACKSON COUNTY, OREGON HEALTH AND HUMAN 1111111�t 1005 E. MAIN STREET, MEDFORD, OREGON 97504 SERVICES DEPARTMENT June 18, 1991 Dear Members of the Ashland City Council ; I am writing in support of your ordinance to limit access of minors to cigarette vending machines. The sale of tobacco products to minors is a major public health problem. As you learned at your last council meeting from youth who were involved in a survey of Ashland merchants, tobacco is readily accessible to minors in Ashland. Stopping the sale of tobacco to minors through restricting access to vending machines is a critical step in any effort to prevent tobacco use. Tobacco is a "gateway drug". Children who smoke are fifteen (15) times more likely than non-smokers to graduate to illicit drugs. The discouraging statistics are that 3000 adolescents begin smoking each day, and that the average age of initiation is 13. Younger smokers are more likely to use vending machines. The encouraging news is that if adolescents have not started smoking by age 19, they will probably never take up the habit. As a parent and advisor to the Ashland High School on-site clinic, I applaud the Council for its willingness to address this issue and promote the health and well being. of Ashland's youth. Sincerely, `P -tt� L e Patti Lane, R.N. , M.S.N, F.N.P. Program Manager, Jackson County Department of Health and Human Services FAX #: (503) 7767062 of ASsi - � . - ° ; � exnarttntEnm June 4 , 1991 OREGOa .' �. Honorable Mayor and City Council r I'Q1i1. ,Brian L. Almquist, City Administrator uo;et Electrical Worker's Union Agreement Extension We have agreed with this union to extend the current labor agreement 3 years. The major items changed or added are as follows: 1. Change number of minutes they may live away from Service Center from 15 to 25. 2. Change their health insurance from Plan 3 to Plan 5, plus medical wellness benefits, with City paying premium increases for life of agreement. 3 . Salary increase July 1, 1991 of U.S. CPI-W March, 1990 to March, 1991 = 4.6%. 4 . July 1, 1992, 1993, and 1994 wage increase of same percent as Pacific Power and Light Lineman wage increase. 5. Committee formed of 2 City representatives and 2 union representatives to discuss city paying premiums on retired employees' and spouses' health insurance. BLA:TW:rm\ELWKAGMT May 20 , 1991 Mayor Cathy Golden Ashland City Hall Ashland, OR 97520 Dear Mayor Golden We understand that at the city council meeting on May 21 , 1991 , a proposal will be made to the council to place a building mora- torium on additional land in the northwest section of town. Our approved, but stalled, Logan Drive subdivision lies within the area of the proposed moratorium. Because the current status of Logan Drive is a problem which was not created by us , and we have attempted to do everything asked of us by the city of Ashland, we feel that the Logan Drive P.U.D.. property should not be included in this moratorium. Logan Drive subdivision received approval to be completed in two phases . Phase I , as you know, has three completed homes and'. two lots (sold) which have been serviced by the city. City fees for these lots were paid in 1988. Phase II consists of 11 lots. City planning staff recommended that we pay the water hook-up fees for this phase so that we would be locked into the system in case of a water/building moratorium. Thus , in October of 1990 we paid the city of Ashland $14 ,355 for -city hook-up fees . Because of conditions created as a result of staff directives to move the street location of Logan Drive, we have been unable to complete this subdivision. Installation of the utilities and appurtenances in this subdivision would have taken place by September of 1990 . Additionally, we have signed reservations on all of the lots in Logan Drive subdivision. By now we would have sold or built homes on these lots . Further, we have a signed subdivision agreement with the city of Ashland, dated June 26 , 1990 . We ask that the city council exclude our approved subdivision from this building moratorium. Sincerely i" Ed and Jo n Houghton Jame 7, 1991 Office of the Mayor City of Ashland 20 Fast Main Street Ashland, Or. 97520 Regarding. Proposed Building Moratorium Applewood Subdivision - Ashland Dear Mayor, My name is Neil Robbins and I live at 690 Glenwood Street in Ashland. The purpose of this letter is to advise the City of Ashland of my familys extreme concern in reference to the possible moratorium. We recently purchased a lot on Dogwood Way (['larch, 1991) in the Applewood Subdivision in which we paid in cash $50,000.00 from our savings. We recently completed and paid in full $2,200.00 from our savings a fee for completion of plans to build our home on this lot of which we have submitted to the City for approval and issuance of building permit. As you can see, we have our savings invested into our dream of building our own home. . We are not wealthy people but a two income fa-dly who has spent years accumulating and manuevering funds to get to this point in our life. We have purchased this land in good faith to construct our home as it is in a pre-approved subdivision with all fees prepaid. Before closing our purchase, we investigated the status of this lot with your city offices and were advised of its 'buildability" and access to city servies. We were never advised that there might be a problem improving this lot or of a water problem. Enclosed you will also find a copy of correspondence from the City stating that my only remaining charge would be a $10.00 connection fee. I do not feel it necessary to.uake this letter long or emotional. I am sure the City can read between the lines. I do, however, request this letter go on record in opposition to the proposed moratorium. I do believe I have a right to build our home on our property. I would appreciate a response as to the views of the City. regarding the circumstances of my particular property and situation. Thank you for your time regarding this matter. . Cordially, Neil Robbins 690 Glenwood Drive Ashland, Oregon 97520 .