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HomeMy WebLinkAbout1985-1217 Regular Meeting ~ ( , np'OJtt.ant: jAl1yc.-i.tize.n a..Uel1cUl1g COUI1cM: mee;&~g~ may ,;pea.iz 011 allY ilem on .the .agenda, un.t:v,,; ,(..t '.i ,.,,,/,(..5 :the ~LI;bjec.:t 06 a pubuc. hea.Jt.i.ng wh!:5:.h/1ty.> been c1.0.6ed., I6 !fou wuh :to ~pea.k, iG..,,: ;i)." p./'.ea,6e JU.6e and a6;teJt you have bee.n Itec.og.u.'!'ed by :the ChiU./t, g-<..ve YOult name and _ .\ ~,' , ~- #, add1t0~' The ChaUt w<..u :then ~ow you :to ~k.eak a~e )n6o!l.m you M :to :the amollJ'!:t '" ~l '06 .wne ail.o:t:ted :to you. The.wne gJta.Yt:ted ~e Clependg..i1:t :to .6ome ex:ten.:t on :the na.:tulte 06 :t,he ilem tLndeJt cW,C.tLM-l.On, :the nwnbeJt 06 peopld who w.u..h :to be hect!tf', and :the leng:th 06 :the agenda. ~ III. ~ VI. VII. ,,--, AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 17, 1985 I. PLEDGE OF ALLEGIANCE: 7:30 PoMo, Civic Center Council Ch>bers ROLL CALL APPROVAL OF MINUTES: Regular meeting of December 3~198 PUBLIC HEARINGS: 1. Proposed revisions to the Transportation Plan of the Ashland Comprehensive Plan in the Fordyce Street area. ,,\, 2. Proposed revisions to the Land-use Ordinance to am~ndthe definition of a building or structure. \, 3, Proposed improvement of Hersey Street from N. Mai{to Water Street under the co~:::~::';'m'''' '_""'NC", {'J 1. Grant offer from Oregon Arts Commission for improvements to Winburn Way Community Center. 2 2, Letter from Soda Mountain Wilderness Counc~l re~uesting Council support to '"'."0' '00 " ,00""'0" ',om "".""'0' "dJ,sed Soda Mountain Wilderness Area. UNFINISHED BUSINESS: 1. Request by Windmill Inns (formerly Ashland H~ IS) for waiver of utility NEW & MISCELLANEOUS BUSINESS: ' ~ 1. Presentation of Audit Report prepared bYrGerald W. Burns CPA for FY 1984-85 and resolution accepting Audit Report~ 2. Recommendations from Traffic Safety Commission: , \-.., a. That West Street between Scenic and Al1:B be designated one-way Easterly (downhill) 0 II. IV. v, ~" , r " :\. deposi~l ,. "'--" b, That Hillcrest Street be designated forecast for FY 1986-87. at Iowa Streeto 3. Memo from City Administrator concerning el 4. Long-range budget for purposes of receiving S ~te Revenue Sharing for FY 1986-87. Memo from City Attorney concerning ownership 1f Hargadine Cemetery. Memo from City Administrator concerning rele~e of Revenue Sharing funds for Street Maintenartte equipment. ~ (' 5. 6. ./'\ --, r-\ .... , . ,1'. ( .~ \..,) -'I <... ~ VIII.' PUBLIC FORUM: Business from the audience n~nclud~on the agenda. IX. ORDINANCES, RESOLUTIONS & CONTRACTS: \ 1. Second reading by title only of an ordinance vacat~' g Webster Street and Stadium Street North of Webster Street. 20 Second reading by title only of an ordinance concernln State Motor Vehicle Code enforcement. ~ 3. Second reading by title only of an ordinance establi~hing a Downtown Parking District and restricting employer and employee par~,~g in said district. 40 Second reading by title only of an ordinance auth izing condemnation proceedingso ' 5. Second reading by title only of an ordinance orde ~ng the improvement of Auburn Street. ~ 6. First reading of an ordinance adopting certa~~evisions to the Transporta- tion Plan of 'the Comprehensive Plan in the Fo'rdyce Street area. 7. First reading 'of an ordinance amending the d~1nition of a Structure or Building in the Land-use Ordinance. \ 80 First reading by title only of an ordinance tme ding the Municipal Code to change certain violations from misdemeanors to infractionso 9. Resolution transferring appropriations withi funds. 10. Resolution requesting the surrender of j.G?ij> iction for Walker Avenue from E. Main to S.P.R.R. ' / 11. Resolution setting a public hearing on the proposeq improvement of Sheridan Street from N. Main Street Southerlyo ~ ~' ;. , .. J Attachments: X. OTHER BUSINESS FROM COUNCIL MEMBERS: XI. PRESS CONFERENCE XII. ADJOURNMENT 1. 2. Minutes Monthly of Boards, Commissions-&JCommittees departmental reports ~mber 1985 ) , . I .~. . '- .' ROLL CALL APPROVAL OF MINUTES PUBLIC HEARINGS Downtown Parking VACATION OF WEBSTER STREET MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL December 3, 1985 Mayor Medaris led the Pledge of Allegiance' and called the meeting to order at, 7:30 P.M., on the above date in the,Council Chamberso Present were Reid, Bennett, Laws and Smith., Elerath and Acklin were absent. Reid asked that minutes be corrected relative to the Transportation Utility fees in the first paragraph on page two to state that'Reid recommended that a broader base for the fees be based on school district to include more participation to support the proposal. Bennett moved to approve minutes of the regular meeting of November 19, 1985 as corrected; Smith seconded the motion which passed unanimously on voice voteo The proposed ordinance establishing a Downtown Parking District was presented and the City Administrator read a letter ,from the Chamber of Commerce recommending implementation of ,the proposal and requesting that registration of vehicle licenses be removed and that City vehicles park away from downtown after business hours (5:30 p.m.~ Almquist noted that the ordinance calls for a 1986 summer trial of the proposal and unless extended by Council action the life of the ordinance will expire. SIDithasked if the parking plan used in Bend'was investigated ~nd Fregon- ese said it had been researched and reviewed the plan saying they don't experience congestion and parking problems in downtown Bend because of malls established along Hwyo 970 The public hearing was opened and Don Rist, 310 Bridge Street, asked for clarification on provision of spaces for ~eal estate brokers and salesmen in excess of the number of private off-street parking provided by office saying there are 14 agents in the office and four employees working upstairs in the title company:"and property management offices. Almquist said permits will be provided as outlined in addition to what we would compute in individ- ual cases. Laura :Parsons, 89 7th Street asked for clarification on Water/"B" Street parking lot funding and where excess monies would be used. Laws noted": tha t the Water Street parking lot is the only proposal being considered at this time and excess funds would be used,should other projects bii"'feasible and land made available for' parking purposes. The public hearing was closed at this point and Smith noted that since the need for names and license numbers has been removed from the ordin- ance, she is in favor O. the measure and has had no criticisms at this point. ::": Ordinance was' given first reading by title only ,and ..Smith moved cto second-: reading; Laws seconded and Bennett, Laws and pmith voted in favor and Reid opposed on roll call vote. Motion carriedo The Mayor commended the committee for its, efforts and 'noted this has been the first s~ccessfuI:conclusion to the many committees on parking in the past years. "" ~ I The City Administrator reviewed the Cooperative Agreement with SOSC relative to streets in the development of, the North Campus completion program. Almquist noted that a letter in opposing of the Webster St. vacation proposal'was received from Sanford, Goodman and made part of the record. The'public hearing was opened and Al Wills tatter r o.o...oo..continued 12/3/85 Po 1 ,gular Meeting . . , .~ . " .I' WEBSTER ST. P.Ho continued AUBURN ST. P.H. Ashland City Council ll/J/!j) 1'. '1. 128 Central Street suggested that no more streets be vacated until SOSC honors commitmentso Don Rist, 310 Bridge Street noted that there are many children who use Stadium Street to go swimming and expressed con- cern for their safety. Reid asked Almquist 'if he knew of any commitments SOSC had not followed through with and Almquist related the history of the proposed perimeter road suggested before he came to the City and asked that, Director of Public Works give details. Alsing said it was planned but that, the Legislature would not approve the project for funding and the, proposal was abandoned for that reasono Rod Stevens reviewed plans to use part of Stadium ~treet for future playing fields as well as Webster Street to Eo Main. The public-hearing was Closed';~'-- Smith said she--wasn'thappy to see-the-street '-cYosedbec'atise'it will puC- children on busier streets because there will be no through streets in the area. First reading was given the ordinance and Bennett moved to second reading. Reid seconded. Laws declared a potential conflict of interest but said: he would vote. On roll call vote th~ motion passed unanimouslyo The City Administrator noted that three prepaving agreements 'had been signed in favor of paving Auburn Street for 58,9%0 Mayor Medaris opened the public hearingo Donald Kreitner, 155 'Union Street, asked why the street lS difficult to maintain and Public Works Director Alsing said it is difficult' 'to maintain any unpaved street and that it is scheduled to be ,graded every ye~r but sometimes the Street Dept. doesn't get to it. Kreitner said the traffic is already fast in that area and with Auburn': paved it'will become heavier and fastero Kreitner asked what authorlty the City has to get streets paved and Almquist noted that he had received a letter asking that question and had replied and perhaps Kreitner hadn't rece'iwd the letter yeto Laws noted that it 'is in the economic interest of the City to have all streets paved and.also that such improvements, are outlined in the Comprehensive Plan. Reid noted that Ashland has Federal Air Quality Guidelines and that granitic dust as found in Ashland is especially hazardous because it lodges in the lungs. Reid added that paving streets in Ashland makes sense because of health and also maintenance costs. As'to traffic hazards, Smith invited residents of the area to bring problems to the Traffic Safety Commission' for traff{ccontrol actions. The, width of the street was discussed and Alsing said that several designs are being looked ato Kay Kioman, 5l8,Auburn, presented a letter she had received two years ago agreeing to sign for paving in the futu're and said because of the langua'ge in the' .1'ette'r she had not realized: she was commiting herself to paving. Kroman said she is opposed to the p~ving. Laws said he would" check the _-language for clarity. Martin Thomas,' 549 Auburn" said that six out of: seven families contiguous to the paving project have young ch ildren and' suggested that a 20' width be taken into considera- tion to allow foi siqewalks. Reid agreed' that sidewalks are important not only for the 'children but for the general walking public. Alsing said sidewalks 'could be arranged if off-street parking is allowed or parking bays installed. Josh Folick, 200 Gresham said he would like to see sidewalks on the street. The publ~c'hearing was closed and firs(reading giveq ordinance 0 ' Laws moved to s~con~, reading; SJDitl1, seconded the motion which passed unanimously on roll call vote. 12/3/85 p. 2 Regular Meeting . I,. .' SHERIDAN ST. PUBLIC HEARING LOTTERY GRANT TRANSPORTATION PLAN STRUCTURE OR BLDG. DEFINITION REVIS. HERSEY ST 0 IMPR. INFRACTIONS vs MISDEMEANORS TRAFFIC SAFETY GRANT APPLICATION Ashland City Council' 12/3/85 P. The City Administrator noted that there had been an error in the publica- tion of the public hearing and when it was replaced th~ legal notice did not meet the 10 day criteria for prescribed timeo Reid noted that the cemetery frontage is being considered and asked that the ownership of the Redmond (Hargadine) Cemetery be researched for historic purposeso Almquist said the public hearing notice would be republished and another public hearing scheduledo All property owners were notified of delay. The City Administrator reviewed his memo outlining availability of "Infrastru~ture" grants and loans from certain proceeds of the Oregon Lottery for City projectso Almquist noted the Water Street parking lot project has been engineered with cost estimates and economic needs assessment report available and asked for authority to prepare a grant application for that purposeo Planning Director Fregonese reviewed the plans to improve, the Water Street Parking Lot. Reid wondered if the stairs leading pedestrians up to "c" Street might not be dangerous because of the heavy one-way traffic. The public hearing was opened and there were no comments from the audience and hearing was closed. Smith moved to direct 'staff to prepare application for grant; Laws seconded the motion which passed unanimously on roll call vote. . Public Hearing set fo~ December 17, 1985,at 7:30 P.M. Public Hearing set for December 17, 1985 at 7:30 P.Mo The City Administrator reviewed the proposed Hersey Street Paving pro- ject noting that 'sufficient signatures in favor of curb, gutter and paving had been received and that individual property owners would pay a maximum of $25.00 per front foot which would be used as the City's match for FAUS funds.' A resolution of inten~ion was read calling for a public hearing at 7:30 P.M. on December 17, 1986 and Laws.moved to adopt;: Smith seconded: the motion which passed unanimously on, roll call vote. The City Attorney: reviewed his memo relative, to reducing misdemeanors to infractions in the AMC to avoid jail terms for minor offenses. Reid noted she had spoken with the Judge on the matter of concealed weaporisaQd Salter said there are exceptions and circumstances to warrant m~re serious charges. Smith moved that,City Attorney bring back an ordinance: to amend the:Code accordingly; Reiq seconded the motion which passed without opposition on roll call vote. A memorandum from the Director of Public Works was read relative to application for:,'a grant from the Oregon Traffic Safet~ Co~ission' to make specific accident and traffic information available/~e :of the computer already in place with personnel to use it. Laws moved to approve; Smith seconded the motion which passed unanimously on voice vote. 12/3/86 P. 3 Regular Heeting . , \ ~ .- PUBLIC FORUM TRANSPORTATION UTILITY ORD. COMMUNITY DEV. BLOCK GRANT APP. WATER QUALITY UPDATE "c" ST. PARKING TUlE LIMITS Ashland City Council 12/3/85 P. 4 John Fisher-Smith reviewed the Delhi Declaration commiting a halt to the Nuclear Arms Race and invited Councilors to attend' a ceremony at which time the 1985 Beyond War Award will be presented on December ,14 at 8 a.m. at the KSYS studios, At this point the Public Forum was closed. Second reading by title only was given an ordinance establishing a transportation utility and Laws moved to adopt; Smith seconded the motion. City Administrator Almquist noted that he would like to include the matter in the Newsletter twice to inform public. On roll call the motion passed unanimously. Planning Director Fregonese reviewed the history of the Housing Rehab Program implemented since 1983 giving the number of rental units, low income'and moderate income homes rehabilitated by use of the initial grant.' Fregonese said the average grant award amounted to $5,000 with the homeowners mqtch in the amount of $1,920 for those with an income of $11,000 or ~ess per yearo Fregonese requested permission to reapply 'for grant in the amount of $500,000 saying it is the last grant he would expect for housing rehabilitation. Reid thanked Fregonese and Jane Davis for the excellent work. The'public hearing was opened and since there was no comment from the audience, the hearing was closedo Reid moved to approve application for grant; Bennett seconded the motion which passed unanimously on voice voteo Water 'Quality Coordinator Eric Dittmer from Rogue Valley Council of Governments showed slides and discussed the condition of the water in the'Rogue Valley and showed corrective measures in problem areas. Dittmer"expressed concern for the use of storm drains for washing paint, concrete and other materials that drain into our creeks and the Rogue . ., . Rivero: "'<Dittmer said t;hat labels have been made for warnings on paint cans, :and although all of the cans are not marked it has been a source of education to persons unaware of the seriousness of the matter. Dittmer 'said he routinely changes filters in some place~,and absorb- ant materials where oil spills occur and where fish are endangered. Dittmer noted that one quart of oil can cause a slick all the way across a creek. ,: 'Smith commended Dittmer for his work and said she often ,works with him ~s Greenway Coordinator. Second 'reading by titie only was given an ordinance changing parking time limits on "c" Street between First & Second Streets and Laws moved :io ~dopt; Smith seconded and the motion passed tlnanimously on roll cail vote.',. " , MOBILE HOME OCCUP. Second reading by: title only was given an ordinance relative to temporary occupancy of a mobile home and Smith moved to adopt; Bennett' seconded the motion which passed unanimously on roll call vote. " 12/3/85 P. 4 Regular Meeting . . , , Ii' .' VEHICLE CODE CHAPTERS PP&L ACQUISIT- ION CONDEMNATION PROCEEDINGS ORD OTHER BUSINESS ADJOURNMENT Ashland Clty counCl1 .l.t./ .J,/ OJ r. J City Attorney Salter reviewed his memo explaining that the Oregon Vehicle Code has been rearranged and Chapter numbers changed and noted that if the Municipal Code is amended accordingly, the City will be able to enforce the Municipal Code patterned after the Oregon Vehicle Codeo First reading was given an ordinance amending Section 11.04.010 of the AMC and declaring an emergency. Laws moved 'to second reading; Bennett seconded the motion which passed unanimously on roll call voteo The City Administrator reviewed the proposal to acquire certain PP&L customers within the City limits and noted that attempted negotiations had been futile so the condemnation proceedings will be started should Council so act. First reading was given an'ordinance authorizing the commencement of condemnation proceedings and Smith moved to second reading; Laws secondedo Reid expressed concern that PP&L may not have had the opportunity to respond and Almquist noted that they had been given lots of time and had recently promised communication by December 1. Bennett said she would like to see Ashland get the customers but is concerned about legal'-fees. The City Attorney said he has met with an attorney and were advised to condemn and" that the attorney is a specialist in this type of law. Laws said Council needs to realize that legal proceedings are expensive but in the long run the money will be coming in once the initial legal costs have been paido On roll call vote the motion passed without opposition. Reid thanked Bennett for Bikeway Committee minutes. Mayor Medaris said that the Bikeway Committee appointments had been left out of the News- letter advertising term endings and vacancies and said he would welcome any suggestions of persons to' serve. The Tidings was asked to give some publicity to the issue. A letter from Judge Drescher was read concerning people who fail to park within the lines ,in parking lots and asked that an ordinance be written"for enforcement purposes. Matter, will be placed on December 17 agenda:for consideration. A iett~r from Windmill Inn (recently purchased from Ashland Hills) was read requesting a waiver of utility deposit and L~ws moved to place on the agenda; Reid seconded the motion which passed unanimously on voice 'vote. The City Administrator asked to haye the matter held over until the next meeting. The meeting adjourned at 10:25 P.M. Nan E. Franklin Ci ty Recorder L. Gordon Medaris Mayor ,',,' 12/3/85 Po 5 '. 'ij[ 0: Jtf rom: ~ubjed: ~emorandum November 18, 1985 Mayor & Common Council Planning Staff Proposed Revisions to the Transportation Plan In light of the recent annexation in the Fordyce Street area, Staff is proposing to amend the Transportation Plan for that area. These revisions are being made in antici- pation of future development in the area. On Tuesday, November 12, 1985, the Citizen's Planning Advisory Committee held a Public Hearing on these proposed revisions and voted unanimously to recommend approval. The Planning Commis- sion held acPublic hearing on Wednesday, November 13, 1985 and also voted unanimously to recommend approval. Please set:a Public Hearing on this proposal at your earliest convenience and inform us of that date so we may proceed with the noticing procedure. ' . ;~ FORDYCE AREA TRANSPORTATION PLAN AMENDMENT '. is . . u l ~IAMSON WAY ASHLAND HIGH SCHOOL ~ L~~M~~ a WA..., I ~t,~--L I ---0---'---1 'X""N' . l/ I I I I I I --:~ A5ffLAfVO J(/NIOR HIGII .SCHO;)1 i At' "iTiO +.+. ,,,..,t,.. "L- j./ PROPOSED ....... . . . . . , ASHLAND JUNIOR HIGII SCNfX}1 ~, ASHLAND . i HIGH. SCHOOL . * *.."" Required Street Dedication ..--c \ \ ,\,\ :'" '~r5 ,f, If ( / " "/ / ,// / \. ~.l ( J ;1 ,- ('\ n ,I j( re\', .l:/ -. / I);,.?) )~-, ~ ~ ' '. ;0 I ' " ,)", 8,.,. f21;7 ~ ' ,,, i f , 1, 1 I 1 /' /' (,1\ / /" / / / / .-' /' I \ \ '-------- ~ \ \ ) ~ 1-. ' 'l.i--J-,: .-~... 1 f\ , , ) i 1'-) ) ,-t'. -,: ~~,...' ') 1 d ;, ,,_.- 1""1 .~ ~>-, 'I~' 1/1-' //1 --..'~;' I ,:-:01::/:,/1 i~/-1 :<;-;::-'--: ~"..-w; , " ".\1 I i; " ," j l':?;5.i,. ~,I -. .~'"........ L \ " ' "- ,>-' ,'~I ,//l~'),' @CJ I I 0'- , / / /~L l ~- \71 ~ 'f-' ;~,- .<; >("}\ " . ~) ,.f~-=1!1 '('~>J , .k._ ..._ "Yl\fNI"1~ . -- -{) 'I'i-~-;; :- Cr ,I , i - - - - .---;- ~~~ .... 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The Transportation Plan Map is hereby amended to include the vicinity of Fordyce Street as shown on Exhibits 1 and 2 attached hereto: The foregoing ordinance was first read on the day of . 1985, and duly PASSED and ADOPTED this day of , 1985. Nan E. Franklin City Recorder SIGNED and APPROVED this day of . 1985. L. Gordon Medaris Mayor EXIBIT 1 '. FORDYCE AREA TRANSPORTATION PLAN AMENDMENT - ---~-' --- 5, WILLIAMSON ~ WAY . u --I 4[3 rc--- ASHLAND HIGH SCHOOL . . . . . . . . . . . . . ~ l ~IAMSON WAY :1 '.41.>. triO +.+. ......t... . ASHLAND HIGH SCHOOL ----r 1_--1 EXISTING I l~ I I I I I I ..s- A$HLANO JUNIOR HIGH SC,HOOI .L- i~ PROPOSED ......... . . . . . . ASHUNt> I JUNtOR HIGK SCHOOl I . I ...... ~Required Street Dedication ~ I ~~. -_._J\ . ID i r/ - : t\.\L~----;;;:~ .-.... ! 1\ '; \, -'.,.-;;:.- , , "'-C-:-ryO ) ,~,,/ ,f, (J , (") '~7 I' ~".,/ I . / ,t "", I / \, / , "'-J __..J i ! 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" 'r " :/ :~()L~: , , (', iii \~QJ ') -':7) '- " ,', i' m IZr, I I I r , ...... .i" " 1i 'I -' ---- ----- j , ' I "/' ' , : , . 'I ,/ '/ .. / / /' /' \. '[ , --::::::~---_.. ,.-,.~..._- ~~ CJ: '. --- . ') . 1'":;/ '\ ..~'~~ -. \ '-.I: I ~/' , \ ~, " /" " .1- . till> "'15 35AGO:l :~:;'/ ~, ,~ 'I ,,", " __L__ ..., t- z: w ::;: o z: w ::;: c:( z: c:( --' 0.. z: o - t- c:( t- o:: o 0.. V) z: ~ t- , " ;}.' . . , 'Cir 0: JJr rom: ~ubjed: c#lemnrandum November 14, 1985 Mayor & Common Council /1\ Planni'ng Staff&ji ,,' Revisions to' 18.08.750., Definition of a Structure or Building Staff is proposing to amend the definition of a building or structure in the Land Use Ordinance. The Ordinance presently reads: 18.08.750 Structure or building. That which is built or constructed; an edifice or building of any kind or any piece or work ~rtificially built up or composed of parts joined together in some definit~ manner and which requires location on, in, or above the ground or which is attached to something having a location on, in or above the ground. Staff's proposed amendment is the addition of the sentence: Structures 18 inches in height or less are exempt'from the side and rear yard requirements and from half 0) the yard requirements for the front yard or sideyard abutting a public street. On Tuesday, November 12, 1985, the Citizen's Planning Advisory Committee held a Public Hearing on this proposed revision. They voted unanimously to recommend approval. On Wednesday, November 13, 1985, the Planning Commission also held a Public Hearing on this matter. They tod voted unanimously to recommend approval. Please schedule a Public Hearing on this matter'at your earliest convenience. . ~ , . ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18.08 OF THE ASHLAND MUNICIPAL CODE, DEFINITIONS, RELATIVE TO THE DEFINITION OF A STRUCTURE OR BUILDING. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The definition of structure or building shall be amended to the Ashland Municipal Code to read as follows: 18.08.750 Structure of building. That which is built or constructed; an edifice or building of any kind or any kind of piece or work artificially built up or com- posed of parts joined together in some definite manner and which requires location on, in, or above the ground or which is 'attached to something having a location on, in or above the ground. Structures 18 inches in height or less are exempt from the side and rear yard require- ments for the front yard or sideyard abutting a public street. ordinance was first read on the day of , 1985, and duly PASSED and ADOPTED this day of , 1985. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1985. L. Gordon Medaris Mayor . ~emnrandum November 22, 1985 ~o: Brian L. Almquist, City Administrator , ~ro~:~ Allen A. Alsing, Director of Public Works ~~ Hersey St. Paving/FAUS Project We now have petitions for curb, gutter and paving representing 50.69% (54.02% if City property is included) of the front footage of Hersey Street between North Main and Water Street. The signatures were obtained on the premise that the project would be done under the FAUSprogram with the property owners paying a maximum of $25.00 per front foot, which would be used as the City's match for the FAUS funds. I would like to propose that this petition be discussed with the Council and if the project is approved in concept, that we proceed with the design. Subsequent to design we will have cost estimates, and at that time the Council can decide whether to call a public hearing for the assessment district, and whether to enter into an agreement with the State Highway Division for a FAUS project. ~emorandum November 14, 1985 ~o: A1 A1sing, Director of Public Works ~rnrn: Jim 01,on, A"~'. Cl'~ Engin"~~ ~ubjed: Hersey Street Petition We have now received petitions from all but eight of the 31 lots (Creek view Terrace Condominiums counted as one lot) abutting Hersey Street between North Main Street qnd Ashland Creek. Two of those lots are owned by the City of Ashland, and two are covered by prepaving agree- ments leaving only four property owners which have not responded one way or the other. Following is a summary of the petition results: THOSE IN FAVOR OF IMPROVEMENTS MAP NO. TAX LOT NO. FRONTAGE 4CB 2301** 70.01 ft. " 2302** 88.16 " " 2303** 56.82 " " 2304** 20.00 " " 3600 50.00 " 4CB 3700 72.50 " 5DA 301, 19.88 " " 400 56.24 " 501 129.46 " 502 106.20 " 600 124.00 " 700 75.00 5DA 2400 200.00 5DAD 100.00 ** 4CDB 228.93 ft. SUBTOTAL 1,397.20 ft. = 38.75% of total **Lots also covered under prepaving agreement nos. 73-18309 and 81-01016 PAVING AGREEMENTS MAP NO. TAX LOT NO. FRONTAGE INSTRUMENT NO. 4CB 2300 66.70 ft. 73-18309 4CD 1100 118.22 " 85-04897 5DA 901 145.79 " 80-22592 5DA 2500 100.00 ft. 75-17439 SUBTOTAL 430.71 ft. = 11.94% of total HERSEY STREET PETITION NQvember 14, 1985 Page Two CITY OWNED LOTS MAP NO. TAX LOT NO. FRONTAGE 4CD 806 65.00 ft. 4CD 1202 55.00 " SUBTOTAL 120.00 ft. = 3.33% of total TOTAL "IN FAVOR" 1,947.91 FT. = 54.02% OF TOTAL THOSE NOT IN FAVOR MAP NO. TAX LOT NO. FRONTAGE 4CB 3301 62.50 ft. " 3500 50.00 l' 4CB 3800 77 ,50 " 4CC 100 335.00 " 4CC 200 475.00 " 5DA 300 25.92 ft. TOTAL 1,025.92 FT. * = 28.45% of total *Lots 4DC 1100 and 5DA 901 signed petitions opposing the improve- ments, however both lots were previously represented by prepaving agreements and the negative petitions were disregarded. THOSE NOT RESPONDING MAP NO. TAX LOT NO. 4CB 2400 " 2700 " 3300 5DA 800 TOTAL FRONTAGE 337.00 137.65 87.50 75.00 632.15 ft. " " ft. ft. = 17.53% of total TOTAL FRONT FOOTAGE 3,605.98 FT. PERCENTAGE "IN FAVOR" INCL. CITY PARCELS = 54.02% PERCENTAGE "IN FAVOR" EXCL. CITY PARCELS = 50.69% HERSEY STREET PETITION November 14, 1985 Page Three .. The attached sheet entitled "ESTIMATED COST PER LOT" shows the antici- pated cost for each lot based upon a $25.00 per foot unit price. The amount generated ($90,149.50) through the proposed assessment district would represent the City's matching funds under the FAUS program. The petition amount would not allow for construction under a standard L.I.D. (without Federal funds). No street design nor estimated total project cost has been prepared since design considerations would normally lie with the State under FAUS programs. Attached are copies of the petitions, prepaving agreements, maps and owners lists. Attachments/ HERSEY STREET PROPOSED IMPROVEMENT ESTIMATED COST PER LOT COST PER PERCENTAGE MAP NO. TAX LOT NO. FRONTAGE FOOT OF TOTAL AMOUNT 39lE 5DA 300 25.92 ft. $25.00 0.007% $648.00 " " 301 19.88 " " 0.005 497.00 " " 400 56.24 " " 0.016 1,406.00 " " 501 129.46 " " 0.036 3,236.50 " " 502 106.20 " " 0.029 2,655.00 " " 600 124.00 " " 0.034 3,100.00 " " 700 75.00 " " 0.021 1,875.00 " " 800 75.00 " " 0.021 1,875.00 " " 901 145.79 " " 0.040 3,644.75 " " 2400 200.00 " " 0.055 5,000.00 391E 5DA 2500 100.00 " " 0.028 2,500.00 391E 5DAD 100.00 " " 0.028 2,500.00 39lE 4CB 2300 66.70 " " 0.018 1,667.50, " 2301 70.01 " " 0.019 1,750.25 " 2302 88.16 " " 0.024 ~,204.00 2303 56.82 " " 0.016 1,420.50 2304 20.00 " " 0.006 500.00 2400 337.00 " " 0.093 8,425.00 2700 132.65 " " 0.037 3,316.25 3300 87.50 " " 0.024 2,187.50 , " 3301 62.50 " " 0.017 1,562.50 " 3500 50.0.0 " " 0.014 :).,250.00 " " 3600 50.00 " " 0.014 1,250.00 " " 3700 72.50 " " 0.020 1,812.50 39lE 4CB 3800 77 .50 " " 0.021 1,937.50 38lE 4CC 100 335.00 " " 0.093 8,375.00 " " ,200 475.00 " " 0.132 11,875.00 39lE 4CD 806 65.00 " " 0.018 1,625.00 " ' " 1100 118,.22 " " 0.033 2,955.50 " " 1202 55.00 " " 0.015 1,375.00 39lE 4CDB 228.93 ft. $25.00 0.064 5,723.25 TOTAL 3605.98 ft. 100.000% $90,149.50 PSTITION Date: 5-16-85 TO THE MAYOR AND COM!-lON COUNCIL OF THE CITY OF ASHUND, OREGON: 'wc,TrlE UNDERSIGNED owuers, of property in the City of Ashland, Jackson County, Oregon, do hereby petition your body to cause Hersey Street from North Main Street to Water Street, to be improved with curb, gutter and paving the cost thereof to be assessed against the abutting property in proportion try the respective benefits thereto. We request that said construction work be done by contract or by force account ,at an estimated cost of $25.00 per front foot,> This estimate is valid for a peJ;'iod not to exceed 12 months from the above date~' NOTE: It is the intent of this petition to gauge ,the' amount of. support the above-mentioned, project might rece~ve fr~m the abutt~ng property owners. Final approval of thlS proJect rests wlth the City Council. NP",,"!E S~D\.-t~S I STRET NO. I ~lo<;? \-\El"S.~,' s;t-, , MAP NO. / TAX LOT I IN FAVOR AGAINS T 4<;8 2.301 "~ " I . ~\ 'A"'- \1''A'''I,,0'~ , ''? ~f'\ (~. ,~;~~~985 ~l \~ ;;:<l4JVl:J) ~l ~'- -", ~^""/' ~bl't ....:i~V/ ~ 70. 0 I ,c::,"1 , 0/50' LOUt"'/C'C/ Urlc/"-r prr PO(.)>"VJcc. , '--' ; O..:} r C-~ /?;'r"'J 7 170, '73 -/8303 ---- ~. ., ~ ' ..":,.~. :'; ......:.. .:'. f ' ':>i r ..~::~...:: . ..' I , .. . I . .~-J. . . ~ I ' I . I - ." . Q . ,[ ,f ~ ,'NOT TO SCALE i He.. ~3.s. 'Il... E.. ..... ,39. IE 4CA . HERSEY STREET_" .........-.....................-.-.-.. ................... ................... ................... ................... .................. LIMIT OF PROJECT OPPOSED TO IMpROVEMENT !&r,;:~!~!~iM1!~~" I N FA V 0 R" rl1l."........!.......yJ'NX.~9 BY PETITION OR AGREEMENT _0.___,' . Wo: Jff rom: ~uhjed; ~emnrandum December 11,1985 Mayor and City Council " John Fregonese & Serena St. Clair;;;:,1/) ) /' /};;- \i/ ACCEPTANCE OF OREGON ARTS COMMISSION GRANT-COMMUNITY CENTER We have been awarded a $1500.00 facilities grant from the Oregon Arts Commission to apply towards improving the performance situation in the Community Center. We will begin fundraising the halance of the money needed to complete this project in the begining of the year. We request that the Council authorize the Mayor and City Recorder to sign both Grant Award notices to acknowledge our acceptance of the grant. Thank you for your support. We will keep you posted on our fundraising activities. This project is sponsored in part by the Oregon Arts Commission and the National Endowment for the Arts. - . '~if' ,~i:' ~ "~.~ 'f~~i .l/l!~'.' :;z . ....,- 'e'.... :.~: CRANT NOTICE . Oregon Arts Commission VICTOR ATIYEH ~ 835 SUMMER STREET, N,E" SALEM, OREGON 97301 PHONE (503) 378-3625 Deceiltler 9, 1985 Mr. John Fregonese Director of comnunity Deve10prent City of Ashland Ashland Camumi ty Center 59 Winburn Way Ashland, OR 97520 Dear Mr. Fregonese: Re: Grant #MD86-370, Ccmnunity CtrjPerfonning Arts InpJ:oveITents We are happy to advise yOu that your project application has been approved by the Oregon Arts Camlission. In order for grant funds to be released, we need to have the two enclosed copies of this Agreerrent signed by the authorized officials and returned to this office. A fully executed copy will be returned to you. AGREEMENT Execution of this document by authorized officers constituteS a mutual Agree- rrent between the Oregon Arts Carmission, hereinafter referred to as "<:::cMMISSION", and City of Ashlan~Ashland Carmunitx CtJ:;. hereinafter referred to as "APPLICANT". '!his Agreerrent is ed upon application number MD86-370 , which is by reference adopted herein. ' Upon receipt of this decurrent, the Conmission agrees to release all, or a portion, of $ 1.500.00 in awroved project funds to the APPLICANT follow- ing the start of the project. Funds are to be disbursed according to the pay- rrent schedule indicated below by the APPLICANT. '!he APPLICANT'S assurances are a part of the consideration for and are relied upon in connection with all financial assistance given by the National Endowrrent for the Arts and the Oregon Arts Camlission. '!he State of Oregon and the United States shall have the right to seek judicial enforcerrent of these assurances, which are binding on the APPLICANT, its successors, transferees, and assignees, and on the authorized official, whose signature appears below. '!he APPLICANT warrants and assures that: 1. It possesses legal authority to accept the grant. A resolution, IlDtion, or similar action ,has been duly adopted by the APPLICANT'S governing lxrly, authorizing the :application and identifying an official authorized to act in connection with the awlication. , - 2 - ~ . 2. Funds paid by the cc:M1ISSION shall be expended a=rding to authorized purposes, wage levels, audit requirerrents, and lirni tations, on the matching basis as provided in the approved budget sumnary. AIrended budgets shall require the approval of the cc:M1ISSICN. 3. No person shall, on the basis of race, color, creed, religion, national origin, sex, or handicap be denied the benefits of, or otheoose be sub- jected to discrimination under any program or activity receiving Federal or State financial assistance. The APPLICANT will therefore, cx:JIply with: - Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et. seq.). - Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as arrended. - Title IX of the Education Arrendrrents of 1972 (20 U.S.C. 1681 etc. seq.), where applicable. - All regulations of the National EndOWll'eIlt for the Arts and the Oregon Arts Conmission issued pursuant to these statutes. 4. ' All regulations and guidelines applicable to acceptance and use of Federal or State funds for the approved project will be obeyed. 5. All records required by the audit guidelines shall be kept and retained for three years, Such records shall be available to the CXMUSSION, its authorized agents, 'or auditors upon request. 6. All publicity, visual or oral, for this project shall be accanpanied by: "This project is made possible by a grant from the Oregon Arts Conrnission and by the National Endowirent for the Arts". 7 . The APPLICANT will be obligated by these assurances for the period during which Federal or State financial assistance is extended, with bolo exceptions : a. If any personal property is a<X{Uired with National Endowirent for the Arts/Oregon Arts Comnission assistance, the APPLICANT will be - 3 - . ~ . 8. payrrent Schedule: The APPLICANT requests that funds be disbursed, all or in part, on the follOW'ing basis: JULY JANUARY AUGUST FEBRUARY SEPTEMBER MARCH CCTOBER APRIL NOVEMBER MAY DECEMBER JUNE OREGCN ARl'S Ca.lMISSICN By Leslie Alexander Assistant Director Date AcknOW'ledge and agree to this date: By By - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - This grant is rrade possible by funds appropriated to the Oregon Arts Canmission by the Oregon State legislature. Attached is a listing of the 1985 legislative Assenbly, including addresses and telephone mnnben;. We encourage you to notify your legislators as to the arts projects these funds support, and to invite these SaIlE legislators to attend. We are pleased that your organization has received this grant, and look fOIWard to the success of the project. Should you require assistance or advice con- cerning the conditions of this award, please contact the Ccmni.ssion office. . '.. .r.,. Soda Mountain Wilderness Council PH Box 512. Ashland, Oregon 97520. 15031488-2100 . :~~~ It"l~ December 12, 1985 Mayor Madaris City Hall Ashland OR 97520 Dear Mayor Madaris: Attached is a letter concerning an issue which we would like you and the Council to consider at its upcoming meeting. If possible, I would appreciate the opportunity to speak briefly (5-10 minutes) before the Council next Tuesday to summarize the issue, show the ,Council maps of the area, and answer questions. Please let me know if this would be acceptable, or if you need any further information. Sincerel y , I) ,... u It. 13. ",..J Bruce R. Boccard Chairman ~ . , ::'~~~ , " r .'lj!1ftl'l' . Soda Mountain , Wilderness Council PH Box 512 0 Ashland, Oregon 97520 . 15031488-2100 . December 12, 1985 Mayor Madaris and Members of the Ashland City Council City Hall Ashland OR 97520 Dear Mayor Madaris and Ashland City Council Members: The Soda Mountain Wilderness Council would like to extend its heartfelt appreciation to the Ashland City Council for its June' 11, 1985 endorsement of the proposed 32,000 acre Soda Mountain-Pilot Rock Wilderness. Soda Mountain received the most public comment, and the most pro-wilderness support, of all the 77 BLM Wilderness, Study Areas in Oregon. 'The letter from the Ashland City Council was, we believe, one of the most important BLM received, and we would like to express our sincere thanks for your support. In the last several weeks, a new threat to the proposed Soda Mountain Wilderness has reared its 'head. On November 22, an adver- tisement appeared in the Ashland Daily Tidings announcing a public meeting in Macdoel, California to discuss powerline routes proposed by the California-Oregon Transmission 'Project. This project, sponsored by a consortium of Southern California utility companies, proposes to build a 500 kw powerline from Oregon through California to provide power generated in the Pacific Northwest to California markets. The ad identified several proposed routes, including one from Pinehurst south through Agate Plat and into the Shasta River Valley. On checking the'Pinehurst route further, we discovered that the corridor covers the eastern half of the proposed 7,100 acre George Wright Wilderness, one of two units in the 32,000 acre wilderness proposal endorsed by the City Council last June. One of the proposed powerline routes crosses ,through the southeast portion of the proposed wilderness, along Jenny Creek. The construction of a powerline within,this area would have severe impacts on the Soda Mountain-Pilot Rock Wilderness proposal. If the powerline were constructed anywhere near the western edge of the proposed corridor, it would effectively break the George Wright.. Wilderness into two areas of less than 5,000, acres in size, permanently:eliminating the area from wilderness' conservation. Even construction of the : ' . ~ . Letter to Mayor Madaris and Ashland City Council Members December 12, 1985 Page 2 powerline along the eastern edge of the George Wright Wilderness could have serious impacts on visual quality, critical deer winter range, and other important resources. We would like to ask the Ashland City Council to consider writing the California-Oregon Transmission Project, reiterating your support for the 32,000 acre proposed Soda Mountain-Pilot Rock Wilderness, and requesting that no powerline corridor be considered which would cross the proposed George Wright Wilderness. We would also like to ask the Council to consider writing the BLM, and request that a 6,100 acre George Wright Wilderness Study Area be established and reviewed in the upcoming Oregon Supplemental BLM Wilderness Environmental Impact Statement. (As the result of a recent court decision, the Oregon BLM will be releasing a second Wilderness EIS this spring which will cover some 250,000 acres not studied last summer. After reviewing the timber production maps for the George Wright area, we believe'that BLM over- looked 6,100 acres: of roadless land which meets the agency criteria for wilderness review. Designation of this area as a Wilderness Study Area would block consideration of a powerline, or any other development, until Congress has an opportunity to consider the wilderness suitability of the area.) Thank you for your consideration, and for your past support. If you have any questions or need further information, please contact me at 488-2100. Sincerel y , L1",,,, 1'1., J)"cu.~J Bruce R. Boccard Chairman .._.... ............Y.. I- ...... 'c;,'" -- 1-- I. .......1' ..~"..,,-I-. ,...". __, ............. .....i>........ ------- '". . CAUFOtt\'l4 ~ OREGON TRA.NSllflIROJECT PUBLIC WORKSHOPS SCHEDULED New Transmission Line proposed between Central California and the California-Oregon border area. ' _. 1 .' , ~reliminary routes in the ASHLAND area have been identified for further study. ~ ... . '. .. . " " ., , , , , , ~, l'tcr.r. , - - -------j- o , : .W,ld ! (.~'... , ] ------~--'";" y .' . u miles " PRELIMINARY ALTERNATIVE ROUTES ~ ~ ~ ALTERNATIVE SITES FOR POTENTIAL SUBSTATIONS UE WITHIN THIS AREA POTENTIAL CROSSING OF EXISTING INTERTIE REQUIRES FURTHER STUDY IN THIS AREA Public review, and, comments are invited, A workshop is scheduled in your area: , . '1Uesday, Nov., 26 7:30 p.m. Macdoel Elementary School ' Macdoel, CA ' Detailed Maps Available for,Review at County Planning Departments :: ~~ .~. " '. :: " " FOR INFOFlMATION: LAURA EDLIN 916-924-3,995 ...,' '. " . ~ . ~emnrandum December 12, 1985 m~ Honorable Mayor & City Council Brian L. Almquist, City Administra~ JIf~ ~~~ Utility Deposit for Windmill Inns After reflecting on the request by Windmill Inns for a waiver of their utility deposit, I believe I have arrived at a satisfactory solution. It is proposed that the Council adopt a policy ,permitting one of the following in lieu of a cash deposit for any required deposit in excess of $IO,OOO: a) An irrevocable letter of credit payable to the City in the event the application of the deposit is necessary due to default; or b) Market Interest Account or Savings Passbook Account which may be accessed unilaterally by the City, but jointly only by both parties. ' c) A surety bond executed by a surety company authorized to transact business in this State. '. . WINDMILL INNS OF AMERICA December 3, 1985 Mayor City Manager City Council Ashland, Oregon 97520 RE: Utility deposit for Windmill Inns of America, Inc. purchase trans- action of Ashland Hills Inn. Dear Mayor, City Manager and members of the City Council: Please consider this letter our formal request for your consideration of waiving the requirement of one and one-half month's utility charges as a deposit. It is my understanding that the intent of the ordinance authorizing collection of the deposit is to underwrite the creditworthiness of the utility service user. We request your consideration of the following facts: 1. Windmill Inns of America, Inc. has a credit history of paying its utility charges on or before the due date and without default. We currently pay P~cific Power and Light for the electricity at our Medford property, and the city of Medford for water and'sewer. We would be more than happy'to furnish you with our credit history on these accounts. Our Roseburg property is furnished electric power by Pacific Power and Light, and the City of Roseburg our water and sewer. Again, we would be more than: happy to provide you with our credit history. 2. Windmill Inns is locally owned and operated. We are proud of the fact that our owners are, all Oregonians and reside in the locations of our motel properties. Our President of the cor- poration will be personally ~anaging the Ashland Hills Inn, and we plan to be very supportive of the community. We are definitely here ~o stay. 3. The deposit with which we are faced is the approximate sum of $17,000.00. :'This is a very large sum of money for The Ashland Hills Inn which has been losing money since it began opera- tions. In truth, a tremendous amount of cash flow is neces- sary to put ihis property back on its feet and keep many residents of' Ashland employed. 4. We unders tand, a fter talking to legal counsel, t ha t ut ili ty compa'1ies are not allowed to demand large depos; ts and hold them ~ithout accrlling 'f6r the benefit of the o~ner of the monies. \ie b,'?lieve the:s?.me ruling lA,lclUld apply ,in the case of a mu~lcir~l utility company. (Conti;1ued) k>O:;t:!Ul?G, OIi'E-GDN Q:/.i70 ',,'.~'.=- ~ \N ~~U:~i;:),.,::; ,)-:. "'.,.:-.~'1 e:iJ.OQ8: lOLL fiilH (:N Ol(~(;-"()l",~~ MfC.FORO, OiHGON 97504 1,':': .:' BI.'J~j:,? 1(,):::;;': . (SO]) P';'-OO50 1-f!O:::"..~~;:.~')lb WINDMILL INNS OF AMERICA December 3, 1985 Page 2 Please give this matter your most thoughtful consideration. We certainly want to get off on the right foot with the City and the community. However, a deposit of this size is extreme when considering the credit history of Windmill Inns and the facts as related above. I hope that this letter reaches you in time for your consideration at the December 3rd City Council meeting. We felt it necessary to wait until after closing to make the request. Thank you in advance for your consideration. Very tru / Cauvin Inc. .:,v \ ", '. ~OSE!Hjfrl'G. C~fGON 97470 MWFORD. OPfGON 97504 \.:50 N v.... :'~'JihO:i::;l\1 Df. . (.:,':"::~,'<>73--0901 )y~0 ~'jdi6 Road ~ (503) m-coso TOlt FW'H (IN OfJEGC'N.'; ].'3I.).:..J:;,2.tlCI6 .. .GERALD W. BURNS 'CERTlFIED PUBLIC ACCOUNTANT 1744,B E. McANDREWS RD. ' MEDFORD, OR 97504 503,773,2011 December 6, 1985 The Honorable L. Gordon Medaris and Members of the Council City of Ash 1 and 20 E. Main Street Ashland, OR 97520 Mayor Medaris and Council Members: You have received 30 copies of the City of Ashland Financial Report for the year ended June 30, 1985, along with my opinion on the financial statements included therein. Please provide copies as required to the Secretary of State and other concerned agencies. You will be billed the filing fee by the Secretary of State following their receipt of the report. I have enclosed a copy of ORS Section 297.485 stating the filing fees for various classifications. , Also enclosed is Appendix 3, Summary of Revenues and Expenditures, a copy of which I have'mailed to the Secretary of State, Division of Audits, as required. I am available to answer any questions you may have concerning the report, my opinion, or,:my audit. Burns, CPA GWB: ij Enclosures FILING FEES FOR AUDIT REPORT . . =-----==-- -=--===--=-=--= ,297.485 Filing fees. (1) At the time an nudit report, prepared by an accountant, is filed with the Secretmy of State, as required by ORS 297.465, the muncipal corporation shall pay ta the Secretary of State a filing fee, The filing fee shall be~etermined by the total expenditures made by the municipal corpora. tion for any nnd all purposes during the calendar or fiscal year audited, except that expenditures for prinCipal of bonded debt, principal of short. term loans, principal of , warrants redeemed which were issued during prior audit periods, transfers or loans between funds arid turnovers of taxes or other trust moneys to other municipal corporations shall not be included in the total expenditures upon which th~ amount of th~ fee is based. '(~b The filing fee to be paid shall be as indicated for those lj1unicipal corporations whose total e~pendit\ll"CS fall' within the claSsifications as follows: ---..----..------.------ Over Not Over Fee .< $: 20,000 $10 $ 20,000 50,000 30 50,000 100,000 40 100,000 200,000 50 200,000 350,000 70 : 350,000 500,000 90 , 500,000 LOOO,OOO 120 1,000,000 5,000,000 160 " 5,000,000 200 .. , (~i Audit rePorts fijed by the administra- tive: office of the county, under sub&.'Ction (2) of ORS 328.465;, for school districts with less than 1,000 children according to the latest school census in the county. shall be consid. ered one report for purposes of the filing fee required by this section. The filing fee shall be paid by the county administrative office and deducted pro rata from moneys due to the several school districts. 11977 <,774110) ______gQR~TARyOF STATE SUMMARY OF REVENUES AND EXPEND~TURES Name of Municipal Corporation C!TY OF ASHLAND Address 20 East Main St. Ashl?nd, OR 97520 July 1, 1984 to ,June 30, 1985 Period Covered by Audit Report: From 'C' Total Revenues and/or Receip~s - All Funds $ 21,221,940 Less: lnterfund loans and transfers $ 827.420 Receipts from short-term loans Taxes, assessments,and other collections to be distributed to other governmental units . 827,420 , Net Revenues and lor Receipts $ 20,394,520 , , Total Expenditures and lor Disbursements - All Funda ~ 21,976,660 Less: lnterfunu loans and transfers $ 827,420 Principal Payment s - ';;hort-term +oans .. Principal Payments '- bonded or other long-term debt:: ,. , 264,477 Principal Payments - !o'Iarrants issued \ during prior years 323;500 Turnovers to other municipal corpora t ions: . Taxes and Assessments Other Distributions : Other Trust Moneys 1,415,397 Net Expenditures: and/or 'Disbursements $ 20,561,263 · These items are normally found ~nly ip counties or Intermediate Education Districts. The above information is based upon the audite ~s of the named municipal corporation for the' per~od indica Signed Au itor) llithin 30 days after submitting the audit report to the municipal corporation, one copy of this summary must be filed with, the Secretary of State, Division of Audits, Salem, Oregon 97310, and one copy ,must be delivered to 'the ~uriicipa1 corporation. For Use by Division of Audits M.C. Code No. Accountant Code No. FiUn!: Fee $ #. _.... ,1 AUDIT COMMITTEE Minutes December 9, 1985 The Audit Committee met on the above date at 12:00 noon at Bard's Inn. Present were Chairman Isaacs, Mayor Medaris, Councillor Smith, Hospital Representatives Mack, McGraw and Naumes, Park Representa- tives Nelson and Mickelsen, City Representatives Almquist, Franklin, Nelson and Huckins, and Auditor Burns. Chairman Isaacs called the meeting to order at 12:15 p.m. Motion was made by Medaris and seconded by Smith to postpone approval of the January 11, 1985 minutes until the next meeting. AYES - all. Burns noted that the Hospital was subject to the same qualification this year as in past years regarding the final determination of Medi- care and Medicaid reimbursements of 1984-85 claimed costs of outpa- tient services. Burnes stated that there were some changes in accounting in the audit report. The Bancroft Bond Fund was reported on a modified accrual basis. The audit shows a large deficit balance in this fund due to the application of generally accepted accounting principals to the financial reporting for special assessment funds. Burns noted that the Central Services Fund audit was made on a proprietary basis. He stated there were no over-expenditures of budgetary requirements. Burns reviewed recommendations discussed in the Management Recommen- dation Letter. Ashland Community Hospital 1. Change in inventory procedures. Burns suggested tagging inven- tory as it is counted. 2. Improve billing procedures on medical services to insure that all services rendered and documented in medical records are billed. Burns noted that he had discussed recommendation in detail with the Hospital staff. Parks & Recreation 1. Suggested purchasing a computer now that AP&RC has several funds. 2. Suggested obtaining a photocopier to increase office efficiency and productivity. 3. Reclassify the secretary to an accounting position. 4. Recommended 1099 forms be sent to referees receiving $600.00 or more per year. , . , Audit Committee Minutes ~ December 9, 1985 Page 2 City - Other 1. Burns recommended that the City, as lead agency for 911 telephone tax monies, establish formal accounting records separate from the City's. He recommended minutes be kept on all meetings and actions taken. Burns noted the procedures followed by the City at present are acceptable within the statutes. Finance Director Nelson asked for clarification on Burns' recom- mendation. Nelson asked if it would be set up as another muni- cipal corporation. Burns noted that his recommendation is more in line with a part- nership. It would not be subject to budget law and would not be included in the City's budget. Burns noted that if a change in the designated lead agency occurred, equipment, records, etc. could be transferred easily. Almquist stated that he cannot see the City giving up being the lead agency. He noted that he favored setting up a separate fund, instead of a separate agency. 2. Burns recommended the City consider working toward a Certificate of Conformance from GFOA. Almquist asked why the auditors had reversed certain accrued revenues. Burns stated revenues need to meet certain criteria - (a) is it measurable on June 30? and (b) is it received within a 30-60 day period after June 30? Burns noted that the cigarette tax, liquor tax and gas tax do not meet the first criteria since this informa- tion is not available from the state until after June 30. Jack Nicholson, audience member, stated that all funds, rather than just the General Fund, should be looked at to see what is available. Nelson stated that the major change was to separate the Street Depart- ment from the General Fund into a separate Street Fund. Motion was made by Medaris and seconded by Smith to accept the audit report as presented. AYES - all. Almquist stated that Finance Director Nelson had been appointed to the Small Government Task Force of the NCGA. Nelson noted that the committee is looking at being more liberal in the recognition of revenues, emulating the private sector. Nelson also noted there was a possibility that there would be two sets of standards, one for the smaller cities and one for larger cities. Nicholson asked if a copy of these studies would be available to the public. Nelson stated the public could look at the report if interested. , ~ ., . ~ . Audit Committee Minutes December 9, 1985 Page 3 . Doris McCabe, League of Women Voters, stated that she would like to see the audit report in a more understandable format. Burns stated the trend is heading toward anticipating the needs of users the City of Ashland does not have. The needs of people buying shares of a private corporation are different than the needs of the Budget Committee and Councillors. Nicholson stated that the City's financial statements were bastardized to provide the liftable portion of the report under GAAFR. Nicholson stated that at the last Audit Committee meeting, he had suggested the Committee consider the 1984 Resolution of Objectives and Respon- sibilities and meet more often. He stated he felt the Audit Commit- tee was falling short of its goals and should be working toward improving the performance of the independent auditor. Nicholson stated that the management of any entity does not like a strong audit committee. Medaris stated he took exception to Nicholson saying that the City's financial statement was bastardized. Medaris felt that the audit was excellent, and that the Committee did not have a need to meet more often. Chairman Isaacs stated that he felt the Committee met when necessary and did not see the need for additional meetings. Motion was made by Smith and seconded by Medaris to adjourn the meeting. AYES - all. Secretary KSH/sa -p , RESOLUTION NO. 85- A RESOLUTION ACCEPTING THE 1984-85 FINANCIAL REPORT (AUDIT REPORT) WHEREAS, the Ashland City Council has received and reviewed the audit report for 1984-85, and ascertained that the City's accounting records are in satisfactory condition and that no sub- stantial changes in accounting policies or procedures are warranted: NOW, THEREFORE, BE IT RESOLVED that the 1984- 85 Financial Report (audit report) is hereby accepted, and BE IT FURTHER RESOLVED, that efforts to make further improve- ments shall be continued. The foregoing lar meeting of day of Resolution was the Ashland 1985. READ and DULY ADOPTED at a regu- City Council on the Nan E. Franklin City Recorder SIGNED and APPROVED the day of , 1985. L. Gordon Medaris Mayor ~emnrandum December 4, 1985 'ID'~ Brian L. Almquist, City Administrator ~ Jlfronn: ~Allen A. Alsing, Director of Public Works ~~~ Recommendations from the Traffic Safety Commission The Traffic Safety Commission at its meeting of November 27, 1985, unanimously recommended'the following: 1. That West Street between Scenic Drive and Alta Street be designated one-way in an easterly direction (downhill). This proposal was recommended by abutting property' owners subsequent':to a neighborhood meeting. The meeting was called to explore various ways to stop or retard erosion of this ' unpaved street. It was felt that vehicles trying to go up the street tended to spin their wheels and thus accelerate the erosion. The one-way designation would be similar to that in place on Strawberry Lane between Granite St. and Scenic Drive, which was established for the purpose of stop- pin~ erosion. 2. That Hillcrest Street be designated a stop-street where it enters Iowa Street. ' Hillcrest Street was repaved last summer and consequently is now carrying additional vehicular traffic. The residents in the general area reque~ted that the street be made a stop- street where it intersects Iowa Street. Iowa Street, for all practical:'purposes, is 'now a through street since all inter- sec~ing street~ between Terrace and Siskiyou Boulevard, except Hillcrest St., are stopped. In the interest of safety and uniformity, the Commission voted unanimously to recommend that it be: made a ,stop-street at the Iowa intersection. , ..' ~emnrattdum December 13, 1985 'aIo: Honorable Mayor & City Council Jlfrom: 'dan L. Almqui", CHy Admini""'~ ~ubjert: 1986 Electric Rate Forecast State law (ORS 222,230), requires the administrator of each municipal utility to annually: (I) make an estimate of operating expenses for the coming fiscal year; (2) project rates sufficient to meet those expenses and (3) maintain a reserve fund to meet future system require- ments, This analysis and report is to be submitted to the City Council by December 31 of each year, but need not be acted upon until the budget is presented at a later date, Therefore in accord with State law, the staff has prepared the attached estimate of Electric Fund revenues and expenditures for 1986-87, Prelim- inary indications from BPA are that wholesale rates to Ashland will remain at their present level through June 30, 1987, As of December 13, 1985, the City of Ashland's electric rates compare wi th those of Pacific Powrr & Light Co, as follows: Customer Class Residential Small Commercial Large Commercial Security Lighting City of Ashland* $46,58/1000 KWH 175,35/3000 KWH N/A $11,00 per month Pacific Power $52,27 185,17 N/A 10,il per month % difference - 12, 2% 5,6% 5,1% + 8,1% (* Includes Utility User Tax) Also attached is a recent summary of Ashland's position in relation to the other 50 Oregon cities over 5,000 population, You will note,:that-"when property taxes and electric service costs are combined, the survey shows that Ashland ranks 48th in terms of being the least expensive place to live in the State, ' Based on the fact that':B,P,'A, ,will probably not be raising its rates during the coming fiscal year; and due to a commitment made by the Staff during budget deliberations last Spring that the rate increase at that time would be adequate for two fiscal years, no increase in 'electric rates is contemplated at this time. Should B,P ,A, 's position change regarding a wholesale rate increase, we will notify the Council immediately, .. ' Electric Utility Fund 1986 - 1987 Preliminary Forecast (In Thousands of Dollars) Resources 1. Beginning Fund Balance 2. Grants 3. Sales 4. Miscellaneous Revenues 5. Rate Increase Needed to Balance 6. Total Resources Requirements 7. Personnel Services 8. Purchased Power 9. Materials & Services lOr Capital Outlay II. Franchise Tax 12. Conservation Expense 13. Debt Service Expense 14. Interfund Transfers to Capital Impr. IS. Operating Conting~ncy 16. Unappropriated Ending Balance 17. Total Requirements * Includes $2,000 fiscal ag~nt expense Revised 11/18/85 1985-86 Budget $1,065 525 4,643 281 285 $6,799 $ '690 3,235 776 255 520 440 42'" 25 186 , '630 '$6,799 1986-87 Forecast $1,1l5 416 5,100 214 $6,845 $ 733 3,225 732 222 532 416 87* 30 198 , '670 .$6,845 ..' , RANK 1983 POP. 'I' COMPARISON OF ANNUAL I ELECTRIC UTILITY COSTS & PROPERTY TAXES :', AS OF 7-1-85 ! !' . CITY UTILITY ANNUAL ELEC COSTS Ave Cost per 1000 per kwh year I CITY LEVIED TAXES 1984-85 '! $75,000 Rate i house TOTAL , Newberg PP&L 52.27 627.24 9.88 i 741. 00 1,368.24 ,> Salem PGE 48.63 583.56 9.26 i 694,50 1,278,06'" Cottage Grove PP&L 52.27 627.24 8.52 ,1639.00 1,266,24, Astoria PP&L 52.27 627.24 8.11 ,i608,25 1,235.49 Lebanon PP&L 52.27 627.24 7.32 ': 549.00 1,176.24 Eugene City 38.94 467.28 9.42 '! 706.50 1,173.78, Oregon Ci ty PGE 48,63 583.56 7,84 ; I 588.00 1,171. 56 ' Albany PP&L 52.27 627.24 7.10 i 532.:;0 1,159.74,".",., Rosebul'g PP&L 52.27 627.24 6.81 ,510,75 1,137.99' Corvallis PP&L 52.27 627.24 6.57 '1492.75 1,119.99 .." LaGrande CPN 47:25 567.00 7.12 i 534.00 1,101.00, Klamath Falls PP&L 52,27 627.24 6.29 ,I 471.75 1,098.99 Portland PP&L/PGE 50,45 605.40 6.43 ! 482.25 1,087.65.' Hermiston PP&L 52.27 627.24 6.01 :i 450.75 l,077.99'~ " ~~~~o~~y ~~:t ~~: ~~ ~~~:~: ~: ~~ i I ::~: ~g i ;'~;6~ ~~+/;~E Lincoln City PP&L 52,27 627.24 5,76 ,1,432.00 1,059.24 ,::", ,: Pendleton PP&L 52,27 627.24 5,44 I 408,00 1,035.24:: ' Woodburn PGE 48.63 583,56 5.81 ,435.75 1,019.31' Central Point PP&L 52.27 627.24 5.14 'i 385.50 1,012.74' Silverton PGE 48,63 583.56 5.58 ,418.50 ,1,002.06"" Baker CPN 47.25 567.00 5.79 :! 434.25 1,001.25' Beaverton PGE 48.63 583,56 5.521414.00 997.56' The Da11es PP&L 52.27 627: 24 4.86 ! 364.50 991. 74 : AVERAGE 48~86 586,30 5.32 399.00 985.30 25 7,950 Newport CLPUD 42.90 514.80 6.25 ',Ii, 468.75 983.55: 26 39,900 Medford PP&L 52.27 627.24 4.66 349.50 976.74 27 39,925 Springfield City 38,20 458.40 6,88 :1516.00 974.40 28 8,640 Dallas PP&L 52,27 627.24 4.50 337.50 964.74 " 29 17,840 Bend PP&L 52.27 627.24 4.33 324.75 951,99 30 9,445 Gladstone PGE 48.63 483.56 4.82 361.50 945.06 31 9,200 North Bend PP&L 52.27 627.24 4.16 312.00 939,24 32 17,350 Milwaukie PGE 48.63 583.56 4.69 351.75 935.31 33 34,340 Gresham 'PGE 48.63 583,56 4.48 ,I 336.00 919.56 349,270 Ontario Idaho 38,04 456.48 6.09 '456,75 913.23 35 18,200 Tigard (+TRFPD) PGE 48.63 583.56 4.18 313.50 897,06' 36 5,235 Seaside PP&L 52,27 627,24 3.50 262.50 889.74 37 22,715 Lake Oswego PGE 48.63 583,56 4,021301.50 885.06 38 5,190 Prinevi11e PP&L 52.27 627.24 3.40 i 255.00 882.24 39 '11,360 West Linn PGE 48.63 583.56 3.93 i!,294.75 878.31 40 29,650 Hillsbol'o PGE 48.63 583.56 3.81 :1285.75 869.31 41 9,750 Tualat:in PGE 48.63 583.56 3,51 :1,,263.25 845.81' 42 6,785 Sweet Home PP&L 52.27 627.24 2.91 218.25 845.49' 43 7,600 Canby City 40.40 484.80 4,65 1348,75 833,55 44 5,310 I,lonmouth City 35.10 421.20 5.17 :' 387.75 808.95 45 6,640 Troutda1e PGE 48.63 583.56 2,,76 '1207.00 790.56 46 7,190 St, Helens PGE 48.63 583,56 2.71 ! 203.25 786,81 47 15,000 Grants Pass PP&L 52,27 627.24 1. 64 '123,00 750.24 1~===1~=~~Q==A~tl~AtlQ=========~!t~=====1~=~~====~~~=~@~===~=QQ===~=l~Q=QQ====ZQ~=~~ ' 49 14,640 McMinnvi1le City 23.40 280.80 4.26 319,50 600,30, 50 11,500 Forest Grove, City 24,85 298.20 3,92 294,00 592.20 : 5,1 5,405 Milton-Freewater City 17.00 204.00 1.89 ,141;75 345.75'" ASHLAND IN RELATION TO AVERAGE: ~4.7% -62.4% -28.0% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 11,340 90,720 7,090 9,775 ,10,380 103,100 14,280 27,500 15,620 41,570 11 , 900 16,850 365,000 9,835 13,620 6,605 5,820 14,270 11,270 6,425 5, ISO 9,380 33,050 11,050 ~In~ludes Utility Users Tax -.(' L_~"".-____, '~ ~emnrandum December 9, 1985 \ "'- '(fi 0: Brian L. Almquist, City Administrator JIf rom: Robert D. Nelson, Director of Finance ~ubjed; LONG-RANGE BUDGET I Oregon State Law [ORS 221. 780(2)] requires that all cities and counties must annually file a five-year projection of revenues and ! expendi tures, to be eligible to receive S ta te Revenue Sharing I funds (which presently come from state liquor revenues). Only the General Fund is involved, and this projection is not binding upon the City. (The December 2 version of this memo was released prematurely, and had to be adjusted to reflect information which subsequently became available.) The attached forecast assumes that Federal Revenue Sharing will continue to be available to support the Senior Program through 1986-87 only. It includes provisions for capital outlay, which will be discussed in Budget Committee and Subcommittee meetings. The assumption is made that the Public Safety departments will be structured in the present manner. Only a very modest level of inflation is anticipated in revenues and expenditures. Acceleration of inflation to the 1979-80 level would aggravate the problem, as Ashland's revenues do not respond well to inflation. The estimated deficit for 1986-87 is $116,000, or 3.8%. It is suggested that the Council should approve the forecast by minute order, so it can be filed with the State. Respectfully submitted, ~ Robert D. Nelson Director of Finance RDN/sa Attachment cc: Honorable Mayor and Council Nan Franklin, City Recorder " / , , , , " ~~ " ( \ \ \, r' ( ( J / , I \, I , , I \ \. \ c r " , " .' - L... --- _.------ ..- , 1--' .... . , t CITY OF ASHLAND LONG-RANGE FISCAL PROJECTION Cities over 10,000 Population General Fund Estimated Revenue and Expenditures in compliance with ORS 221.780(2) (In Thousands of Dollars) I L, _,,_ REVt::N~ I'y Bb-BI I'y B/.::ml n BB- I' Y B!i-!iU FY -ga::.!i I Pro De rty Taxes 300 318 337 357 378 Taxes other than ProDerty 1,655 1,686 1,718 1,751 1,784 Fees, Licenses, Permits 90 92 93 94 95 Utility Revenues -- -- -- -- -- Other Local Resources 525 491 460 431 403 Interaovernmental Revenue --Federal Revenue Shari no ' 35 -- -- -- -- Other Federal Fundina 10 10 10 10 10 --State Revenue Sharino 100 105 110 115 120 State-Shared Revenue 177 130 132 134 136 Other State Funding 62 65 68 71 75 --Other Intergovernmental Resources -- -- -- , -- -- TOTAL 2.904 2 897 2 928 2.963 3.001 onURES PubllC safety IPollce, Fire, Ambulance, Buil di no InsDecti on) 2.352 2 432 2 515 2.601 2,689 Transportatlon (Streets, Transit, Ai rports, Parking, 8ikeway, Li ahti no) 5 5 5 5 5 Sewer and Water -- -- -- -- -- Land Use Plannino 11R 347 383 422 465 Parks and Recreation 39 41 43 45 47 Libraries -- -- -- -- -- Soci al Services r;<; 7() 75 81 87 Financial and General Administration -- -- -- -- -- ueDt payments PrinciDle and Interest -- -- -- -- -- . Other ?L.l ? ')? 263 275 287 TOTAL 3,020 3,147 3,284 3,429 3,580 .- ----.---- . ~.... '. TO: Mayor and Members of the Common Council DATE: December 12, 1985 FROM: Ronald L. Salter City Attorney SUBJECT: Hargadine Cemetery Our File A-1 Ladies and Gentlemen: We have been asked to review and research the question of ownership and maintenance of the Hargadine Cemetery. There are about 100 lots there. Sixteen of them have been sold by the City with perpetual care, and the others were sold by a now defunct association, and are technically owned by the heirs of the decedents. Thus, technically, the responsibility for maintenance is on ,these heirs, but as a practical matter, it would be much too, ,much work and expense to enforce this duty. At present, the sixteen lots are being consistently maintained by the' :ci ty, and a few times a year, the cemetery crew goes in and"straighte!ns up the rest of the grounds, cuts the lawns, knocks down the bushes, puts up any cemetery markers and generally tidies up the balance of the area. The three alternatives that appear to be present are as follows: 1. To continue as is. 2. To stop maintaining anything except the sixteen lots. 3. To': take over the practical duty of maintenance of the entire area.:" :This would, of course, require further' time and expense by the cemetery crew. Mike Biondi is in charge of the cemetery crew, and if you have any questions, he will be glad to respond, either ih writing or be present at your next meeting to answer your questions in full. %:H9~:mi"ed' ~ONALD [, \~ City Attorney RLS/pc RONALD L. SALTER ATTORNEY AT LAW ',' 94 THIRD STREET ASHLAND, OREGON 97520 ~emnrandum December 12, 1985 'ID' 0: Honorable Mayor & City Council Brian L. Almquist, City Administrat~ JIf rom: ~ubjett: Request for release of Revenue Sharing During deliberations on the supplemental budget for the Revenue Sharing Fund for 1985-86, the City Council placed the amount requested for street chip-sealing equipment in the Operating Contingency, pend- ing a final decision on the adoption of a funding source for the street preventive maintenance program. Now that the Transportation Utility ordinance has been approved, it is requested that the staff be authorized to prepare specifications for the necessary equipment and call for bids. It is also requested that the Council authorize the acquisition from the Capital Improvement Fund - Equipment Depreciation, on an interim basis. Due to the fact that the $68,834 earmarked for the equipment in Revenue Sharing - Operating Contingency is in excess of 15% of the operating budget we cannot trans- fer the funds without another supplemental budget. Therefore, the 1986- 87 Revenue Sharing Budget will reflect an interfund transfer of the amount necessary to reimburse the- Capital Improvement Fund. As was mentioned during the supplemental budget hearing, this is specialized equipment and will take from 5-6 months to secure. In order to begin the program in the Summer of 1986, it is important that the equipment be ordered as early as possible. ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE TO CHANGE CERTAIN VIOLATIONS FROM MISDEMEANORS TO INFRACTIONS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 4.24.130, which relates to the transient occupancy tax, is hereby amended to read as follows: "4.24.130 Violations - Infractions. Any operator or other person who fails or refuses to register as , required herein, or to furnish any return required to be made, or fa{ls or refuses to furnish a supplemental return or other data required by the Tax Administrator, or who renders a false or fraudulent return or claim, or who fails, refuses or neglects to remit the tax to the City by the due date, is guilty of an infraction and shall be punished as set forth in Section 1.08.020." SECTION 2. Section 4.32.090, which relates to alar~ systems service fees, is hereby amended to read as follows: "4.32.090 Enforcement and Penalties. Any person failing to comply with the provisions of this Chapter, shall be subject to the penalties provided in Chapter 1.08.020 of this Code." , SECTION 3. Section 6.08.090, which relates to dance hall licenses, is hereby amended to read as follows: "6.08:090 Penalties. Any person who violates any of the provisions of, this Chapter shall forfeit any license theretofore granted him, and upon convictiop, is punishable as prescribed in Section 1.08.020." SECTION 4. section 6.16.100, which relates to pawnbrokers and secondhand,dealer,~' and the like, is hereby amended so th~t subpart A will read as .follows~ , ' '''6.16:160 Pena1ties--Pledges from minors prohibited. A. Any person violating any of the provisions of this Chapter is'punishable as prescribed in Section 1.08~020." SECTION 5. ,Section 6.20.160, which relates to places of amusement, is hereby amended 'to read as follows: "6.20.160 Vio1ation--Penalties. violates any of the provisions of this of an infraction, and shall be subject set forth in Section,l.Q8.020." Any person who ' Chapter is guilty to,the penalties -1- Ordinance NO. , .. RONALD L. SALTER ATTORNEY AT LAW 94 THIRD STREET ASHLANO;cREGON 97520 SECTION 6. Section 6.24.120, which relates to solicitors and peddlers, is amended to read as follows: "6.24.120 Penalty. Any person violating any of the provisions of this Chapter is guilty of an infrac- tion and shall be subject to the penalties set forth in Section 1.08.020." SECTION 7. Section 10.08.020, which relates to bail jumping, is amended to read as follows: "10.08.020 Violation--Penalty. Any person who violates the provisions of this Chaprter is guilty of an infraction and shall be subject to the penalties set forth in: Section 1.08.020." SECTION 8. Section 10.40.270, which relates to liquor regula- tions, is hereby amended to read as follows: "10.40.270 Penalties. Any person who violatep any of the provisions of this Chaprter is guilty of an infraction and shall be subject to the penalties set forth in pection 1.08.020." ' SECTION 9. Section 10.60.060, which relates to the injury to or destruction of property, is hereby amended to read as follows: "10.60.060 Violation--penalty. Any person violating any of the:provisions of this Chapter is guilty of an infraction;'and shall be subject to the penalties set forth in S~~tion 1.08.020." SECTION 10. Section 10.68.350, which relates to the parks, is, hereby amended so that subpart A shall read as follows: I , "10.68.350 Violation--Penalty. A. Any person who violates any of the provisions of this Chapter is guilty of an infraction and shall be subject to the penalties set forth in Section 1.08.020." SECTION 11; Se~tion 10;96.010, which relates to the conceal- ment or discharge of weapons, is hereby amended to read as fqllows: "10.96~~10 Penalties. Any person violating this title is guilty of an infraction and shall be subject to the pen~ities se~ forth in section 1.08.020." SECTION 12. Section 11;60.040, which relates to truck routes, is hereby amended to read as follows: "11.60.040 Penalties. Any person, firm or corpora- tion which violatesany'provision of this Chapter is guilty of an infraction and shall be subject to the penalties set forth in Section 1.08.020.", -2- Ordinance NO. RONALD L. SALTER ATTORNEY AT LAW . . 94 THIRD STREET ASHLAND. OREGON 97520 SECTION' 13. Section 13.04.090, which relates to sidewalks, is hereby amended to read as follows: "13.04;090 Penalties. Any person who violates any of the provisions of this Chapter is guilty of an infrac- tion and shall be subject to the penalties set forth in Section 1.08.020." SECTION 14. Section 13.12.130, which relates to street excavations, is hereby amended to read as follows: "13.12.130 Penaltips. Any person violating any pro- vision of this Chapter is guilty of an infraction and shall be subject to the penalties set forth in Section 1.08.020." SECTION 15. Section 13.16.100, which relates to street trees, is hereby amended to ,read as follows: "13.16.100 Violation--Penalty. Any person wh<;:> violates any of the provisions of this Chapter is guilty of an infraction and shall be subject to the penalties set forth in s~ction 1.08.020." SECTION 16. Section 14.08.050, which relates to sewer system rates, is hereby amended to read as follows: "14.08~050 Penalties. Ariy person violating any provisions:of this Chapter is guilty of an infractipn and shall be subject to the penalties as set forth in Section 1.08.020.'" , SECTION 17. Section 15.16.340, which relates to the plumbing code, is hereby amenqed to read as follows: "15.16.340 Penalty. Any person refusing or neglecting to bomplywith the requirements of this Chapter, or violating any provisions therein, is guilty of an infraction, and shall be subject to the penalties set forth in Section 1.08.020." The foregoing the Common Council held its second reading and vote being as follows: Ordinance was first read ata regular meeting of on the____ day of December, 1985, and passed to duly passed on the day of January; 1986, the AYES: Dated this,' NAYS: day of January, 1986. APPROVED: ATTEST: MAYOR CITY RECORDER -3- Ordinance NO. RONALD L. SALTER ATTORNEY AT LAW 94 THIRD STREET A5.HLAND. OREGON 97520 RESOLUTION NOo 85- A RESOLUTION REQUESTING SURRENDER OF JURIS- DICTION FROM JACKSON COUNTY FOR WALKER AVENUE BETWEEN Eo MAIN STREET AND THE S oPo Ro Ro WHEREAS, on May 1, 1985, the Jackson County Board of Commissioners and the City of Ashland entered into an agreement providing for the paving of Walker Avenue, a County road, fromE. Main Street to the S.P.RoRo; and WHEREAS, said agreement requires the County to pay $19,394 for asphaltic concrete for the improvement of said road, and the City of Ash- land to accept jurisdiction over the road upon completion; and WHEREAS, the improvements have been completed and the agreement requires the City to request a transfer of jurisdiction prior to the payment of s~id amount by the County 0 NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Ashland as follows: SECTION I. That the City hereby requests transfer of jurisdiction of Walker Avenue from Eo:'Main Street to the Southern Pacific Railroad from Jackson County" I , SECTION 2. The City hereby ie'quests the payment of $19, 394 representing the County's share of the impr'ovement of said roado ! : SECTION 3. Upon transfer and receipt of said payment, the City will assume all future maintenance of said road" The foregoing resolution was READ and DULY ADOPTED at ! of the City Council of the City of Ashland on the 1985o a regular meeting day of Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1985. Lo Gordon Medaris Mayor, TO: FROM: SUBJECT: Brian L. Almquist, City Administrator Robert D. Nelson, Director of Finance Decembe~ lId 1985 prY REQUEST FOR TRANSFERS OF APPROPRIATIONS WITHIN FUNDS Some transfers of appropriations within funds are needed: 1. In conjunction with the expansion of the Hospital's marketing program, an increase in that department's materials and services budget has been requested. 2. The advance refunding bond issue has been sold, and we are proposing two changes in the budgetary accounting treatment ~f that transaction. Following is a proposed Resolution: * * * * * * * * * * * * * * * * * * * * * * * RESOLUTION NO. 85- A RESOLUTION TRANSFERRING APPROPRIATIONS WITHIN FUNDS WHEREAS, due to circumstances recorded in the memo from the Direc tor of Finance dated December 11, 1985, the Mayor and City Council of the City of Ashland hereby determine that it is necessary to transfer 1985-86 appropriations as follows: 1. From Hospital Fund Operating Contingency to Hospital Materials & Services (Marketing Program) - $25,000. 2. Wi thin Water Quali ty Fund, from Other Expense, to Interfund Transfers (Bond Sinking Fund) - $105,000. Within Bond Sinking Fund (General), from Debt Service Expense, to Interest on 9/1/85 Advance Refunding Bonds - $80,000. NOW, THEREFORE, BE IT RESOLVED, that appropriations are hereby transferred as indicated above. The foregoing Resolution was READ and DULY regular meeting of the Ashland City Council on the , 1985. ADOPTED a t a day of Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1985. L. Gordon Medaris Mayor MINOTES ASHLAND PLANNING COMMISSION November 13, 1985 g~.J:.~__'!'9__QB!?j;:g The meeting was called to order at 7:38 by Chairperson Don Greene. In attendance were Commissioners Thompson, Steinbrenner, Benson, Stout, pinnock, Winthrop and Dunlop. Also in attendance were Asso- ciate Planner Steve Jannusch, Planning Director John Fregonese and Administrative Secretary Nancy peskind. ~EI.'gQ.'{.~!d~!__~l.NJ~1'~.s__&__~_I_~p_I_N_~S__,Ed~gP..E_R..s. The Minutes of the meeting of October 9, 1985 were approved with several corrections. On page 2, 8 lines from the bottom of the page" the phrase "including paving to Terrace Street through the formation of a Local Improvement District" shall be added to the sentence starting with "The applicant...". Also on page 2, the blurb for Planning Action #85-084 is corrected to read "Stage I will include 2 units accessing via Ashland Loop Road to the Morton Street turn- around. Stage II will include 9 units accessing via Ashland Loop and waterline Road." '!'X"~1=:,_):,~):~_EY_~kI_C__!'!.E_~R_I_N_G..s. REVISIONS TO THE X:RJ;Ksj35E'.(tC'.(:(6}[~J?LE~ .s_T..AY~__~~P_qg_T Fregonese explained the topography of the area and the proposed layout for additional streets. He explained that tonight's Commis- sion action would result in a recommendation to Council for adoption as part of the Transportation Plan. The Transportation Plan carries the weight of law. The purpose of this revision is to layout where major cross-ties and routing will occur to intertie the neighborhood to Mountain Avenue and eventually to the freeway and to provide options for getting in and out of the area so East Main Street doesn't become overburdened. This layout can be changed in the course of development. These will be designated as residential streets. When development occurs, right-of-way dedications will be required. This will prevent people from building in the future right-of-way and insure that adequate transportation will be pro- vided. If no development takes place nothing in the area will be changed. As lots are developed for single-family residences, right- APC 11-13-85, Page I of-way dedications will be required. As dedications and paving will be required. Hearing was opened. subdivisions are developed, At this time, the Public E~~~.l:f~_I!~~!!..I!'l~ Mary Powers, 248 N. Mountain Ave., asked in how many years this be projected to take place. Greene responded that it would happen if she chose to develop her property. would only Larry Medinger, 520 Terrace Street, asked where the road will go relative to the subdivision he is planning. Fregonese showed him on the map and explained where he would have to place his cross-ties. Ken Cutting, clarification and placement owner of the property next to Medinger's, asked for a regarding placement of the stub accessing his property of the sewer line. Fregonese answered his concerns. At this time, the Public Hearing was closed. c;~~11_:J;~S_I~~,J?.l:.1lfU_~,~_I_OI'LAllJ?__~9YJ9}'! Stout stated that he would be in favor of the proposed revision. Greene stated that when the Commission asked Staff to come back with the revisions to the Transportation plan they felt Wightman should continue straight down the property line to access the rear of the lots to avoid the necessity of flag lots. Fregonese responded that the lots are wide enough that they may not necessarily be flagged but will pro-bably be developed in Jessica Lane type small streets feed- ing into Fordyce. Medinger commented that the PP&L power line runs along the property line and that therefore it would be difficult to build along that area. Fregonese stated that the lots in the area were from 120' to 170' wide and 300' deep. Flag lots would limit them to two additional units. Beyond 2 units they would have to install a public street. He felt the area would probably develop with several small public or private streets. After further discus- sion, Stout moved to recommend approval of the revisions to the Transportation Plan wit~ the changes that had been discussed. Fre- gonese reiterated exactly what was being voted on. Dunlop seconded the motion and the vote was unanimous to approve. REVISIONS TO Iifo-os :1s<f;--DEFINITION OF P;--STRUCTURE-O'R'BtfiLoYNG- ---_.~~.----_..-- --- --.-~.-.-.-~~- .51'NL_R.ELOA'r: Fregonese explained that this was the necessity for the granting of extending into the setback area. well as the proposed addition. a housekeeping measure to eliminate variances for decks and stairways He read the existing definition as He reported that CPAC had voted APC 1l-13-85, Page 2 unanimously to recommend approval. Stout asked if this would exempt such structures from the setback requirements. Fregonese replied that it would. There was some discussion regarding decks in front yards. At this time, the Public Hearing was opened. I!,Q~J:,~G,)!,~~~~~Q As there was no public testimony, the Public Hearing was closed. <::Q.~I_ ~~,~O_N__~ ~~C_l!,~~_~q!'l__A!l.P__f.!qJ_~9~~ Winthrop brought up a recent application involving a variance to place a garage on the property line. At that time it was mentioned that the purpose of the setback requirement was to alleviate a fire hazard. He asked if that were not a relevant issue to this revision. Fregonese responed that the Uniform Building Code exempted structures 18 inches or less. Discussion continued regarding the front yard setback and the concensus was that the exemption should be for only half of the setback requirement. After further discussion, Stout moved to recommend approval of the revision as amended. Benson seconded the motion and the vote was unanimous to approve. TYPE II PUBLIC HEARINGS .----. -' -,---~-~--'- ~--' ---- ----. ----._----- ?M_~,~:__O'.8_~ FINAL PLAN APPROVAL STACflfT---n..,-.- ---, PARK--!fSTAES III !\i~r;KJ(N:'(:= RA::~i.p_JLr,~~~~ PLANNING ACTION #85-084 (continued from last month) is a request for an amendment to the Outline Plan approval and for Final Plan approval for Park Estates III, a 13-unit Planned Unit Development to be developed in three stages. Stage I will include 2 lots accessing off of the Ashland Loop Road to the Morton Street turnaround. Stage II will include 9 units accessing via Ashland Loop Road and Waterline Road. Stage III includes 2 units accessing via Long Way. Comprehen- sive Plan Designation: Low Density Residential & Woodland Residen- tial. zoning: RR-.5P & WR (Low Density Residential/performance Overlay & Woodland Residential). Assessor's Map #: l6BA. Tax Lot #: 700. APPLICANT: David R. Lewis STAFF REPORT .---.-- ----,-,---.-------.'- Fregonese gave the Staff Report. He stated that Staff' had met with the developer and they had reached an agreement regarding development of 2 of the 13 lots. Staff is prepared to recommend final plan approval for 2 lots subject to certain conditions of approval which he then read. Stout asked if Staff had consulted the Fire Department regarding a turnaround at the end of the paved section. Fregonese APC 11-13-85, Page 3 . replied that the Fire Department did not feel one was needed. Benson asked about the knock-down gate in Condition #5. He wanted to know if it would be openable. Fregonese replied that the City and the Forest Service would be the only ones to open the gate. Benson asked if Condition #7 requiring final plan submittal within 12 months was standard procedure. Fregonese replied that Staff would be willing to delete the condition and allow the outline Plan approval to stand longer if the commission wanted. At this time, the Public Hearing was opened. !?~,~~:J;Ll!.~~I_N_~ Roger Kauble, 173 Hersey, engineer for the project, said that he had met at the site with Al Alsing and Jim Olson and had gotten many questions worked out. In response to a question from Benson, he agreed with Benson that a regular gate would be more effective than a knock down gate. Sandra Fletcher, 609 Terrace, stated that she would like ,to be noti- fied about any future meetings regarding the paving of Terrace Street. She said that a majority of her neighbors are against the formation of a Local Improvement District. Fregonese replied that state law requires such notification. Winthrop asked if the neigh- bors on Terrace Street would be notified of the Planning Commission hearing for the phase of the subdivision that would involve the paving of Terrace. Fregonese responded that they would not because they are not within 200' of the project. However, it would be Staff's recommendation that Final Plan approval not be granted with- out definite indication that the paving can occur. Therefore, the Local Improvement District hearing before the Council would take place first and would be settled before it came to the Planning Commission. As there was no further public testimony, the Public Hearing was closed. ~Q~.!13.~I9_N__~:J;pS_U.s_~IS>_N__AlllU'.!9_T_I2_N pinnock brought up the subject of the access through the Meyer property to Terrace. It was not a part of this approval. The sub- ject of the gate was brought up. Greene explained that this proposal opens the Ashland Loop Road to public traffic to Morton Street. The gate was to improve the fire safety of the water shed by reducing vehicular traff ic. Discussion ensued regarding the gate and turn- arounds on the road and signage regarding the last available turn- around for the convenience and safety oof motorists accessing the Loop road from the southwest. After further discussion, the Commis- sion directed Staff to contact the Forest Service in writing request- ing that they place a "last turnaround" sign on the road. In futher discussion, the concensus of the Commission was to delete Condition #7 and to change the wording of Condition #5 to reflect the placement APC 11-13-85, Page 4 of a permanent gate, as opposed to a knock down gate, that would allow pedestrian access. Winthrop moved to approve Planning Action #85-084 as amended (Final Plan approval for lots 5 & 6 only) deleting Condition #7 and including other wording changes as discussed. Stout seconded the motion and the vote was 6 to 2 to approve with Greene and Benson casting the "no" votes. PM 85-091 SiTE-REVIEW CONDITioNAL USE PERMIT ~~(:(~~NYC=G@j!X:=i[~f0~~~ PLANNING ACTION #85-091 is a request for a Conditional Use Permit and Site Review for a proposed child-care facility in the existing resi- dential structure at 1038 Henry Street. Comprehensive Plan Designa- tion: Southern oregon State College. Zoning: so (Southern Oregon State College). Assessor's Map #: 9DD. Tax Lot #'s: 5801 & 6000. APPLICANT: Kathy Belfiore f?'l'~];,r:. )~J;:PJ?!i.'l' Jannusch gave the Staff Report explaining that the structure proposed for a child-care facility is presently being used as a single-family residence. Because the child-care facility is not in the SOSC plan for the 80's, a Conditional Use Permit is required. The child-care facility will be for the use of students who have children. The facility will be accessed by a private drive off of Henry Street. The access and the parking will be paved. The fenced area will be expanded as an outdoor play area. Jannusch then read the Conditions of Approval. Winthrop asked if the facility had to be licensed by the state and if that should be made a Condition of Approval. Thomp- son said that he felt the parking area seemed cramped and wondered if a one-way traffic flow pattern should be established. Jannusch replied that the turnaround requirements have been met. Stout asked about requiring additional lighting of the parking area and access- way. Jannusch replied that ordinarily this would not be a require- ment and that it might be difficult to impose in this situtation because of the residential nature of the area. At this time, the Public Hearing was opened. ~~~~:r.~)!E~g,~~<>. Steve Flynn, Dean of Students at SOSC, spoke on behalf of the appli- cation. He said the College had received a grant from Children's Services and they had begun exploring their options. This seemed to be their best possibility for providing this service.' The average student age at SOSC is 26 and many of them are single parents. Stout asked what the hours of operation would be. Flynn responded that they would probably start out at 7:30 to 5:00 and that maybe in the future they would extend into the evening. Stout then asked how he would feel about providing additional lighting in the parking and APC 1l-13-85, Page 5 , access area. Flynn replied that he would be willing to address it if it were a problem. Winthrop asked about traffic flow on Henry Street. The access is adequate to meet the needs of traffic flow in and out of the site. There will be no more than 20 children at any given time. As there was no further testimony, the Public Hearing was closed. ~Q~:r.~~'!Q.~,_~r..~~U_~S_I_O_NY..!'l..!U1,OYJ:.o_~ Stout felt that additional lighting should be required other than the porch light. He suggested I at the exit to the street and 2 along the alley. pinnock concurred with Stout. Fregonese felt that two posts would be adequate. Discussion ensued regarding the number and type of lights. It was decided that "adequate lighting to be ap- proved by Staff" would be required as a Condition of Approval. After futher discussion, Stout moved to approve Planning Action #85-091 with the additional condition stated above. Steinbrenner seconded the motion and the vote was unanimous to approve. At this time the Commission took a 10 minute break and Commissioner Stout left the meeting. J?~~l!.~:-Jl.9..1 SITE REVIEW CONDITIONAL USE PERMIT ijL~I~A]~T-~i[G~FfI}:..9_R!-_JlJ>.J1~_1! PLANNING ACTION #85-093 is a request for a Conditional Use Permit and Site Review for a proposed'2-unit Travler's Accommodation in the existing residence atl25 N. Main Street. Comprehensive plan Desig- nation: Multi-family Residential. Zoning: R-2 (Multi-family Resi- dential). Assessor's Map #: 9BB. Tax Lot #: 3900. APPLICANT: Douglas & Lora Baugh ,~'l'~];'];',_~~~Q.~'l' Jannusch gave the Staff Report referring to the Site Plan. Access to the site will be via a partially dedicated alley off of High Street which terminates in a private drive owned partly by the applicant and by the adjacent neighbor. Thompson asked about the embankment. Jan- nusch replied that they will have to expand the area into the embank- ment to provide adequate parking area. At this time, the Public Hearing was opened. ~Q~r.:r.~_I!E:~~IE~ Douglas himself tional would Baugh, 3966 Hanley Road, Oakland, to the Commission. Winthrop asked programs he was planning to present. conduct preparatory lectures for his California, introduced Baugh about the educa- Baugh replied that he guests to acquaint them APC 11-13-85, Page 6 with the plays they ,would be seeing. As there was no further public testimony, the Public Hearing was closed. ~0)~1'g~~!-~~Q.~S_~U_~S_~()_t!._&_li.05...r_~N. Jannusch approval 185-093. approve. stated that the Historic Commission had recommended of the proposal. Benson moved to approve Planning Action Dunlop seconded the motion and the vote was unanimous to PM85-095 CONDITioNAL USE PERMIT -SITE -REvIEw----------- &.ffJ~Xf:1f~t==:~l'At!..P_~_~A.IJl_I_~ PLANNING ACTION 185-095 is a request for a Conditional Use Permit and site Review to convert a portion of the existing residence at 386 'B' Street into a medical office. A Variance is also being requested to waive the requirement for 4 off-street parking stalls. Comprehensive plan Designation: Multi-family Residential. zoning: R-2 (Multi-family Residential). Assessor's Map #: 9BA. Tax Lot #: 6600. APPLICANT: Susan DeMarinis STAFF REPORT -._-.-'--- -~---'-'-'--'-- Fregonese gave the Staff Report. He explained that Staff is support- ive of the Conditional Use Permit but not supportive of the Variance. He referred to Lee Schnitzer's dental office and the Botice1li Gall- ery, both of which have lOOt variances for off-street parking. He explained that these were some of the first such uses in the area and that these variances had been granted as an enticement for these businesses to locate and redevelop the neighborhood. Since then other such uses have located in the area and have been required to provide full off-street parking such as Ron Salter's law offices and Dr. Kirkpatrick's psychiatric clinic. He further explained that most of the off-street parking facilities in the neighborhood accessed off of alleys. He read a section of the Comprehensive plan where it explains that a 50% parking variance can be allowed based solely on the hardship of the redevelopment of a residential structure to commercial use in the Railroad District. Beyond this, the applicant has failed to demonstate a greater hardship. In summary Fregonese felt the variance should not be granted for the following reasons: I) the trend to redevelop and revitalize the area wi~l continue to have greater impact on on-street parking, 2) the impact of the down- town parking ordinance will affect the on-street parking in the area, 3) redevelopment of 4th Street between 'A' & 'B' will continue to impact the area, 4) redevelopment of the City's old warehouse on 2nd & 'A' will impact the area. For all of these reasons, on-street APC 1l-13-85, Page 7 , , parking may not be as available in the future as it is now. In Staff's opinion, the site can accommodate off-street parking includ- ing access off of the alley. Thompson asked how many parking stalls could be placed between the house and the pidgeon coop. Fregonese said that two could be. Fregonese then reported that the Historic Commission had recommended in favor of a 50% parking variance, At this time, the Public Hearing was opened. ~l,l~~:X;<::__f!~~~ :X;~_~ Susan DeMarinis, 386 'B' Street, applicant, spoke in favor of the application, She had taken photographs of the site at various inter- vals throughout the day to show the availability of on-street park- ing. Between the hours of 8 a.m. and 4 p.m. no other cars than her own were parked on the street adjacent to her property. She referred to a petition signed by all of her neighbors stating that they sup- ported the granting of the variance. She cited the historic signifi- cance of her home both in terms of its architecture and the fact that an historic event had taken place in the home when it was owned by the railroad. She felt that the paving of off-street parking on the site would greatly detract from its historic significance and quoted Scott Clay confirming this, She cited the downtown parking study recently done by the City stating that her house is a half mile from the plaza and was not even included in the study. She stated that there are no multiple-family residences in the immediate area. She compared her situation to Lee Schnitzer's and felt that her property lent itself as appropriately to a 100% variance. She said she would be willing to direct her patients to park on 3rd Street if the Commission felt that would be more appropriate. She asked if she could have the right to rebut after the Commission had discussed the proposal. Greene explained that no more public testimony could be heard after the Public Hearing is closed. Beany Rainbow, 385 'B' Street, spoke in favor of the application. He stated that the 4th of July is the only day that cars are parked at the subject site. He objected to the paving requirement based on the historic significance of the site and the fact that it would alter the streetscape of the corner. He felt that the comparison to Dr, Kirkpatrick was unfair as he has at least five offices in his build- ing. pinnock asked Rainbow if he was aware of the City'S downtown parking study and their plans to relpcate employee parking, He concurred with DeMarinis that they are' too far away from downtown for it to be a problem. Winthrop pointed out that the downtown included more than the plaza. Fregonese stated that 40% of the downtown employees worked on the plaza and that only 12% worked on the block between 2nd & 3rd. Debra Arsac, 723 Sunrise, a patient of the proposal. She stated that convenient to walk or bicycle to Dr. had never seen anyone in the waiting of Dr. DeMarinis, spoke in favor she and other patients found it DeMarinis' office and that she room or more than one patient at APC 11-13-85, Page 8 " a time. Dennis Wright, 363 'B' Street, a 10 year resident of the area, spoke in favor of the proposal. He felt the impact of the use would be minimal and that the Planning Commission could elect to review it again after the impapt of the downtown parking proposal had material- ized. Winthrop asked wright to characterize the parking on 'B' Street. Wright felt it was clustered, mainly around multi-family dwellings and otherwise light. Fregonese, after listening to the public testimony, felt that in essence Dr, DeMarinis' proposal fit the definition of a home occupa- tion except that she wanted to have a sign and a couple of extra visits per day than a typical home occupation would be allowed, There is no off-street parking requirement for a home occupation. He felt the Commission could grant a Variance based on the use being continued exactly as it is proposed and that the approval not run with the land as a Conditional Use Permit usually does. Dr. DeMarin- is would have to sell the house as a residence, not as ,an office, Winthrop asked DeMarinis if this alternative would be acceptable to her and she stated that it would be, At this time, the Public Hearing was closed. COMMISSION DISCUSSION AND MOTION -_._------_.~------~_._.._._---------~-~-------- Benson stated that he felt Fregonese's suggestion was a workable solution, In futher discussion it was determined that the Conditions of Approval should include: 1) that Dr. DeMarinis be the only person allowed to use the site as an office and that the use is not trans- ferrable, 2) that there may be no other employees than a beokeeper once a week, 3) that only one patient be seen at a time, and 4) that status of the use be reviewed in May, The original Conditions of Approval *1, *2, *4 and *9 are to be deleted, A complaint would prompt a new hearing, Thompson felt that Dr. De-Marinis was being set up to break the agreement. Winthrop felt that if Dr. DeMarinis outgrew the site she would have to move. pinnock concurred with Winthrop and felt that the use should be reviewed in May. After further discussion, Benson moved to approve Planning Action *85-095 since it closely resembles a home occupation with the above mentioned Conditions of Approval. Dunlop seconded the motion and the vote was 5 to 2 to approve with Greene and Thompson casting the "no" votes, pM85-098 CONDITIONAL USE PERMIT TEMPORARY 'USE ----..- -- ~Rl[f:((~iff:=::aAR_Bp_f{!>__~q,~13J-..2 PLANNING ACTION *85-097 is a request for a Conditional Use Permit for the Temporary Use of the property located at the northeast corner of 'C' and pioneer Streets for a Christmas tree sales lot. The Applicant is proposing to operate the use for the month of APC 11-13-85, Page 9 December Zoning: 11500. APPLICANT: only, Comprehensive plan Designation: C-l (Commercial). Assessor's Map #: 9BA. Commercial. Tax Lot #: Barbara Murnblo STAFF REPORT Dunlop stated that she had been contacted by a local businesswoman who wanted to make her aware of the fact that this use displaces 40 cars from being able to park on the site. Greene stated that he had received a similar phone call and did some checking on it, What he found out was that there was no written agreement for parking at the site and a fee was not paid for such parking. Jannusch gave a short Staff Report stating that this was the same application we had received for the past 6 years and that Staff is supportive of approval. Barbara Murnblo, 4009 Yale Creek Rd, Jacksonville, applicant, spoke in favor of the application. She stated that she rents the ,lot for the month of December, while those who park here do not pay any rent, She said that they try to reserve a small area for parking for customers and others. As there was no further public testimony, the Public Hearing was closed. <::Q~]~~~ r.Q~,)~r.~<::q~~I_QN_}l..!'l_~_1-!O_T_IS>_N Winthrop asked if Staff had ever received any complaints about the use. Jannusch replied that they had not, After futher discussion, Steinbrenner moved to approve Planning Action #85-097. Dunlop seconded the motion and the vote was unanimous to approve, ,E'~~ll.s.--:()9.ll. CONDITIONAL USE PERMIT SITE -REvfE'W-' ---- --''-- APPLICANTi-'CLAY STREET COMMUNITY CHURCH OF GOD --_._--------~._--------~.._._------,~--~------~-----------~--- PLANNING ACTION 85-098 is a request for a Conditional Use Permit and Site Review for the proposed expansion of the existing parking facility at the Clay Street Community Church of God at 631 & 775 Clay Street. A Boundary Line Adjustment is also being requested to consolidate lots 1300 & 1400 except for that portion on which a single-family residence is located. Comprehensive Plan Designa- tion: Single-family Residential. Zoning R-1-5 (Single-family Residential). Assessor's Map #: l4BB. Tax Lot #'s: ~300 & 1400. APPLICANT: Clay Street Community Church of God APC 11-13-85, Page 10 . STAFF REPORT "---"-" -.--- -' --" -" -'-- Jannusch gave the Staff Report explaining the Boundary Line Adjust- ment on the Site Plan and describing the adjacent uses. Presently the Church has 30-35 parking stalls. The congregation is growing and they are anticipating a much greater need for off-street parking. They are planning to expand the parking facility in 3 phases as the need arises. Jannusch reviewed the Conditions of Approval stating that the landscaping plan had been received, Staff is recommen~ing approval of the Conditional Use Permit for the use and the Site Review for just Phase I. Site Review approval is valid for one year so the other phases would have to be installed by November of 1986 or they would have to come back with a separate Site Review. At this time, the Public Hearing was opened. PUBLIC HEARING ---" -"-" ~-'-~_.._. -" -"------- Edwin Buckle, Pastor of the Church since January, spoke in favor of the application. He stated that the property to the south of the church was the only available adjacent property for the church to expand onto, Although they don't need the addidional space now, they anticpate the need, Referring to the Comp Plan, he felt that in considering population growh, increased church attendance should be addressed. pinnock asked what the present membership of the church is. Buckle answered 70. The average attendance is 50 although it has been,as high as 107. Elfreda Murrell, 694 Glendale, spoke in opposition to the proposal. She stated that the property for the proposed parking expansion slopes toward her backyard and that she strongly objects to having a parking lot behind her house. She felt that the lighting that would be required would glare onto her property. Jannusch replied that the Ordinance requires that outdoor lighting has to be directed away from residences. She stated that she felt the church should place the parking at the other end of the property where there is presently a grass field. She was concerned about the property values in the neighborhood. Samuel Jones, 180 E. Ashland Lane, treasurer of the chure, spoke in support of the application. He stated that a fence would be placed around the parking area and would block the light from headlights from the adjacent properties. He felt the planned location of the parking area was preferable from the churches point of view. Everett Winter, Chairman of the Board of church, stated that the proximity of the open area to the church kitchen was preferable for social activities such as picnics. As there was no further testimony, the Public Hearing was closed. APC 11-13-85, Page 11 _GQ~~S.S.~Q.~A~sgLS.~!9~I':!,_~~~}~O_'!'LQ.1':! Pinnock asked how many spaces Phase I included. Jannusch answered 27. winthrop asked if the church owned the property. Jannusch replied that they do not own it yet. They are waiting to see if they would get this approval, Winthrop asked if a CUP was required be- cause it was residentially zoned, The answer was yes. After some discussion about the number of spaces the church would need based on the size of the congregation, Fregonese reminded the Commission that they should be making their decision based on the size of the church rather than the size of the congregation as we would in the case of a new structure. The Ordinance requirement for a church this size is 63, Allowing the first two phases of the proposed expansion would bring the church parking up to code plus a little more. Greene felt he would be in favor of granting the CUP for the whole project and the Site Review for Phase I. Fregonese stated that we have to allow them to bring their parking up to code and that, therefore, we would have to allow Phase I and Phase 2. After further discussion, Thomp- son moved to approve the CUP and Site Review for Phases 1,& 2 of the expansion of the parking facility as shown on the Site Plan. Win- throp seconded the motion and the vote was unanimous to approve, R~t!!~~]:o_~ CONDITIONAL USE PERMIT 'SiTE -REvIEw----------. APPLICANT:--C & F INVESTMENTS ------ - - - - --- ~- -- -_.~_._..- --- ------------ PLANNING ACTION #85-101 is a request for a Conditional Use Permit and Site Review for the proposed expansion of the Stor-a-While storage facility at 2315 Siskiyou Blvd. A Conditional Use Permit is also being requested to place a temporary parking facility on an adjacent parcel zoned Single-family Residential along with a Variance to exceed the 50% maximum lot coverage provision for that zone. Comprehensive Plan Designation: Employment & Single-family Residential. zoning: E-l & R-1-5 (Employment & Single-family Residential). Assessor's Map #: 14C, Tax Lot #'s: 1400 & 1601, APPLICANT: C & F Investments STAFF REPORT Jannusch gave the Staff Report explaining that the applicant is planning one new structure and new units added to existing structures and will match architecturally. Slats are to be placed in the exist- ing chain link fence to provide screening. The sign for the use will have be lowered to 5' above grade to bring it into conformance with the Ordinance. The proposed parking will be for day parking only with a 72 hour limit as to how long a vehicle can be parked. It is not felt by Staff that vehicle storage would be appropriate in a Single-family zone. The parking facility will also have a slatted chain link fence for screening. Remembering that there had been a solar access problem with this proposal in the past, Greene asked if APC 11-13-85, Page 12 . the shadow on the north property line was under 6', Jannusch was not certain and Fregonese suggested that the Commission could approve the proposal subject to conformance with the Solar Access Ordinance and any modifications necessary to accomplish this. If they can't do this they will have to come back with a new plan. pinnock realized that she owned some of the property to the north and declared a conflict of interest, At this time, the Public Hearing was opened. PUBLIC HEARING .--.-- -- --.-.----- Bruce Abeloe, 201 W. Main Street, Medford, spoke in favor of the application. He stated that the exteriors of all the structures would match and that they would have as much screening as possible using fencing and shore pines. The parking facility is intended for day use by people visiting their storage units, As there was no further public testimony, the Public Hearing was closed, .~Q~l~~lQN_~lS_~U_~~I_Q.N_A~~)'!O_~I_Q.~ After some discussion, Benson moved to approve Planning Action #85- 101 subject to conformance with the Solar Access Ordinance. Dunlop seconded the motion and the vote was unanimous to approve with pinnock abstaining due to a conflict of interest. STAFF BUSINESS --_.--- - _.- - -- - ---- A, 171 Granite Street paving situation. Fregonese reviewed the situation for the Commission and read letters' from several neighboring property owners. After some discussion it was decided that Staff would write a letter to the Reids extending the paving deadline until June of 1986 and asking for substan- tial progress by that time. B. Amendment to the M-l zone. Fregonese read a letter from Bill Hunt in regard to this matter and explained why Staff felt this revision to allow retail uses in the M-l zone was a good one. The Commission voted to place this item on the first'available agenda for a Public Hearing, which will be the January meeting. C, physical & Environmental Constraints Ordinance. Staff will prepare a map showing the constraints zones and another Study Session will be held to review this Ordinance after the 1st of the year, before a Public Hearing is held, D, Other. Fregonese explained a film series that he would like to show to the Commission on the history of land use planning. The Commission was interested and these videos will be rented two at a time and we will get together to watch them. APe 11-13-85, Page 13 ADJOURNMENT ,---- - - -- - -- The meeting was adjourned at 11:45 P.M. APe 11-13-85, Page 14 . BUILDING ACTIVITY REPORT -, DATE November 1985 ifF OF VALUATION PROJECT PERMITS RESIDENTIAL New SFR - - Swimmino Pools - - Solar Eouipment ' . 8 14.<;37 Mechanical 13 7 795 . Plumbing 6 7 326 Remodels 8 62 000 Mobile Home Installation 2 20 942 COMMERCIAL ,,' New Structures - , Mechanical - - Plumbing 2 1,100 , Remodels 3 167,600 ~OTAL ThIS MONTH 42 301,300 fro TAL THIS MONTH LAST'YEAR 33 270,991 TOTAL THIS YEAR 1985, " 1986 266 2,870,616 TOTAL LAST YEAR 1984:' 1985 185 1,644,801 TOTAL FEES THIS HONTH $3.396.29 TOTAL I~S?ECTIONS THIS l'iOnf 128 THIS MONTH )..AST YEAR J3 ,763.62 THIS MONTH LAST YEAR 115 THIS YEAR $31.324.23 THIS YEAR 869 NOTE: "This year" refers to,the total so far for the current fiscal year. TOTAL FEES "THIS YEAR" on O~tober report should have been $27,927.94. TOTAL INSPECTIONS "THIS YEAR" on Sept. report should have lieen 560. TOTAL INSPECTIONS "THIS YEAR" on Oct. report should have been 741. . , . NOVEMBER 1985 NEW CONSTRUCTION SINGLE FAMILY RESIDENCE None COMMERCIAL None .' DEPARTMENT OF PUBLIC SAFETY 1'1000JTHl Y REPORT FOR NOVEIMBER, 1985 . EQUt;:LQ1','1i21QJ::L , Steve Bro~n started uJork on November 20 in the patrol division. Of f ice:' Ga i \ Schwe i zer was injured on i\!ol.)ember 15th wI. i Ie tak i ng a suicidEl1 fficlle subject. into custody. He sustained neck injuries and has been oft duty since that incident. Officer Sutherland has not been released tor regular patt~ol d-Lty and cont.inues to work in the office doing I imited duties. Detectives are invEstigatin9 a possible arSOn fi 112 at the PciC i fie l~a i II~oac! stat i on wI. i ch burned the recreat i On and roo;;,S !;""r ,the dDrmltOI~Y buiidins l~e5ulting in an estimated in damage. Southern laundry $55,000 The arrest at a male subject has cleared" a series of burglaries which occurred over a 3 week period. There was an estimated $6,500 dar.l,:::tge done to iocks and $3,000 in property taken in these burglaries) with approximatel")' $2,000 worth of property recovered. (.\n investigation of rESw I ted I n a Grand se:v:ua I abuse i nvo I \) i JUt~y i nd i ctment for ng Ash I and ch i I dren the male suspect. has The Of f S5 pa.tro: division apprel~2nded Icers also assisted with the" 11 drunk Special dl~ivel~s OlympicsJ ':h i 5 month. escorting about runners , , t.lirougll tOI)Jn. The i~o lice Exp lorEr' Post. > under the d i t-ect i On of 0'1 f i cer Bob SmithJ r.GW has 0 membership of 15. iht5 appears to be a very entl,usiastic group and they have contributed 174 hours ot service in November C 0 l1~1) i..) ; ILi2~H','l!;'L','.Ql,1).t!lst;lL I" R Q121:6 1:L This program continues to glftDW with new volunteers coming in month. During November S3 volunteers worked a total of 251 2nd contributed lb2.25 hours ot assi~tance. each days blJr:!lJ::1.E6.l_[QlJRL Th2re ll:el^2 ,::119 cases t i i eo i n Noveml::el~ wI. i ell i nc I lJded 282 v;oia~ions) 8 formal complaints and 529 l~arkin9 citations. 'JJe~e ,:;: ~ot21 of 895 ce,S2S closed) lJhich included 147 traffic ',JiC.1lations 25 tormai complaints) 116 fines suspended, 11 cases dismissed.. 2 found not sui !tYJ 2 persons placed on city work detai 1 for a total of 34 hours> 2 persons senten=ed to jai I time, 554 parking citations were paid and 38 were dismissed. 240 petftSGns appeared beiol"e the violations bureau and 91 appeared before the court. b trials ~Ere held. traft ic There ~9f:1 Mu.u.u;~Il9l'! S / EIC OEmLQL~121.QlL . ~ Dispatch personnel arE sti! I learning the CAD system and SOme problems wi~h.the program arB being worked out. There were 608 po lice cases and 60 tire/rescue runs in NO\)Bmber 0 i spatch rece i ved 312 emergency ca II 5 on 911 i nBS and 340 non-emergency c a 1 I 5 . The r ewe r e 3, 479 bus i n e s's c a 1 I 5 and 7, 898 r a d i 0 I 09 entries. . . App I i cat lons were reee i ved for part time dispatch personne I, 22 app 1 i cat~i ans were reee i ved > i nterv i ews were he I d and an eligibility list established, Officer Jack Sutherland has been assigned to work dispatch on swing shift on a part time basis while he is an limited duty. TR61!::!l!::!G D! V 1219N. Training in the Fire Division was very exciting because we had a house donated for a ) learn to burn). We don't set these often so every attempt is made to set the most training out of it. Some of the subjects covered In this exercise were forcible entry) ladder drills> hose evolutions, ventilation pIAE\ctices, fire te.ctics and strategy. In a situation I ike this we can do whatever we want to the bu i j ding, actua I I y force doors and ll1 i ndows, cut ho I es in the roof and start tires in the building. In other training the Battalion Chief}s covered the basics of tireti9htin~. Geor98 McCoy from the State Fire Marshal}s Training Division taught a class on Structur~1 Fire Attack and Chief Dan Marshal I from Jackson County Fire District #5 taught a class on Incident Command. This training was then applied to an actual I ive tire situation in which the District 5 personnel participated with us. Training" in the Police Division consisted of a class on Homicide Investigation given by Sgt. Roger Godard. Roger had just returned from attending a 2 day seminar on this subject and was able to being what he learned there and share it with other personnel. Ofticers also \Iiewed and then d"iscussed a video tape on Satanism taken from the news prOgram 20-20. In the afternoon we had a snowy good time at the pistol range with a combat shoot. Wh i Ie 59t. Van B I aream was reCOver i n9 from his injury he took a I ittle time and made some knockdown pistol targets which were used. This COurse involved shooting tour rounds tl) i th a shotgun, putt i n9 it back in the car and then advancing to shoot at the knockdown targets with the service revolver from a free standing position, through a house window, over the hood of a car and then over some barricades. When the officer hit the target it tel I down, officers were scored on both their time and accuracy. Whi Ie we did not appreciate the rain and SnOw it certa i n I y gave the cou"rse a certa in amount of rea Ii sm. . , , , . . , [1IS.LQ.['L121 QLL Fire Division personnel responded to 80 alarms, including 38 calls tor Emergency.Medical assistance. The Division has responded to 734 ca 1\ 5 through November, an (ncr'ease of 48 over 1984 ca II s. On November 23 and 11'45 P,M. the Fire Division responded to a structure tire at the Rai Iroad Apartments, which resulted In an estimated $55,000 damage, The cause ot this tire is under investigation by the Police Division. An 0 I d house on A Street) "h i ch was to be demo I I shed, was prov i ded by the owners tor training purposes. This house provided countless hours of training on venti lation, search, rescue and actual fire fighting situations. ("