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HomeMy WebLinkAbout1975-0121 REG MINMINUTES FOR TEE REGULAR MEETING ASHLAND CITY COUNCIL January. 21, 1975 NEW MEMBER SWORN IN ROLL CALL MINUTES OF REGULAR MEETING OF 1/7 & ADJ. MEETING 1/14 APPOINTMENTS BY MAYOR DEPARTMENTAL REPORTS ~LTI-SERVICE CENTER BCATS LIAISON COMMITTEES CHAMBER OF COMMERCE PUBLIC FORUM Newly appointed Councilman Don Laws was sworn in by Judge Glenn Munsell. The regular meeting was called to order in the Council Chambers at 7:2~ on the above date by Mayor Gary L. Pri~ett. Also present were Allen, Hoffarth, McCannon, Laws and RegIand. F~Dowell arrived at 7:35 p.m. Hoffarth requested that minutes of adjo=~ned meeting be corrected to rea~ "McDowell seconded" in paragraph on Council ElectioB on page two. Ra%izn~ moved for acceptance of minutes of both meetings as corrected. Laws seconded and motion passed unanimously on roll call vote. Mayor Prickett recommended individuals for the Band Board, Building Appeals Board, Friendship Committee, Ashland Airport Committee, Traffic Safety Committee, Ashland Bicentennial Committee and Ashland Greenway Committee. (Copy attached). McCannon moved to accept recommendations: Hoffarth seconded and on roll call, all YES. Allen moved that Departmental Reports for the month of December 1975 and Parks & Recreation minutes for December 24, 1974 be accepted and placed on file. Ragland seconded and on voice vote, passed unanimously. McCannon moved to accept and place on file the quarterly Multi-Service Report; Allen seconded and on voice vote, passed with all YES. City Administrator Aimquist read a letter from BCATS requesting input of Council. City Administrator recommended referral of the request to Traffic Safety Commission. Mayor Prickerr so referred and requested report back. Mayor Prickett appointed Council members as liaison with various com- mission and committees as follows: Allen - Planning Commission McCannon - Hospital Board Ragland - Parks & Recreation Hoffarth - Airport Committee McDowell - Multi-Service Center McCannon - Senior Forum Laws - Traffic Safety & BCATS Policy Commission Prickett named Allen, Chairman, to be joined by Laws & McDowell to se~:e on committee in working with the City Administrator on the Oak Knoll - PP&L situation. City Administrator Almquist read a letter from the Chamber relative to downtown parking and recommended the matter be referred to Traffic Safety Commission for report back to Council. Mayor approved recommend- ation. Fire Chief William Reed submitted his annual report from the Fire Depart ment for which he was thanked by the Mayor on behalf of the Council. Meeting Ashland City Council F two PUBLIC FORUM cont. Citizens Budget Com~. DOG CONTROL GUIDELINES Hoffarth mentioned information relative to Attorney General Johnson's opinion on secret ba!loting and referred to City Attorney Salter for research and report back to Council. Mayor Prickerr discussed vacancy left on Citizens Budget Committee due to the lengthy absence of A1 Meyer who is out of the country. McCannon said that he would not like to see Meyer removed from the conmlittee but the committee would be handicapped by his absence. McCannon moved that Meyer be considered resigned from that position and removed from same; McDowell seconded. On roll call, all YES with exception of Allen who opposed. Hoffarth requested that Meyer's replacement be considered at next regular meeting on February 4, 1975 and be placed on that agenda. Mayor agreed, and so ordered. Mayor Prickett opened Council discussion of Dog Control. McCannon, who had headed the committee,suggested that points be voted on separately for submission to City Attorney Salter for drafting of an ordinance. From the audience Mrs. Messinger said that due to the long delay from the time of the Public Hearing until this time that many suggestions and agreements could have been forgotten and suggested another public hearing. Prickerr said that at this point the matter is being discussed ~nd decisions made for drafting an ordinance and a public hearing could be held subsequent to that draft. (~e ten recommendations are attached for reference.) 1. Allen moved to pass #1; McCannon second, voice vote, all YES. 2. McCannon moved to pass #2; Allen seconded, voice vote, all YES. 3. McCannon moved to accept #3; Ragland seconded - On voice, all YES. 4. Ragland moved to delete #A and to leave same in Zoning Ordinance; Allen seconded and motion passed unanimously on voice vote. 5. Allen moved to accept #5; Hoffarth seconded - motion being related t tying of dogs.L~s questioned tying dogs to hydrants, poles etc., an wondered where one would keep dog for few minutes while doing busine and suggested perhaps a time limit for the tying of dogs be written. On voice vo~ McCannon, McDowell, Hoffarth, Allen and Ragland voted YES; Laws opposed. 6. Ragland moved that Item #6 be d~leted; Hoffarth seconded and motion passed without opposition. 7. Ragland moved for deletion of #7; Hoffarth seconded. McCannon said 78% of people questioned in survey agreed with item. Allen opposed, all others voted YES on voice vote. 8. Ragland moved for deletion of #8: motion died for lack of second. Ragland explained he thought it should he the Parks Department~s res ponsibility to control the dog problem within the park, Hoffarth suggested that Council continue to draft ordinance by vote instead o passin~ the buck to Parks& Recreation. Allen moved to acceDt #8: McCannon seconded and on hand vote, Allen, Laws, ~cCannon & McDowell voted YES. Hoffarth and Rag!and oDposed the measure. 9. Allen moved to accept #9; McCsnnon seconded and on voice vote, all YES. i0. Allen moved to adopt #10; McCannon seconded, motiened passed unanim- ously on voice vote. 1/21/75 Pg. 2 R~u!!r Meeting Ashland City Council PaKe th-r~e DOG CONTROL ORDIN- ANCE DRAFT Traffic Commission Report on Iowa Street parking NEW & MISCELLANEOUS BUS. Citizens Advisory Comm. PUBLIC HEARING Flood Restoration Report 11. On Item #11 relative to p nalties ~lief Hays suggested the following of the present ordinance which sets a penalty of S500.00 and 60 days for maximum p~nalty and on minimum penalties Judge would recommend that he be given right to exercise his discretion on each individual case. City Attorney Salter agreed that Judge Munsell should be ~iven reasonable discretion as with other fines. Allen ~oved to follow Judge's recommendation as related by Chief Hays and that "double fine · be stricken. Ragland seconded and motion passed on voice vote, all'i favor. 12. McDowell moved to accept #12; Allen seconded. ~ voice vote, all YES Salter noted that this item will not be necessary since it is already covered in the Charter. Allen recommended that the above be taken up at the Budget Committee at the appropriate time. Mayor Prickerr asked City Attorney Salter to prepare a draft of the dog control ordinance to be submitted at the next-regular meeting on February 4, 1975, City Administrator Almquist outlined results of a poll taken by the Traffic Commission relative to the parking alternatives on Iowa Street between Siskiyou Blvd., and Idaho Streets. On response from residents questioned there were 21 out of 32 sent with the majority in favor of parking on the South side of the street only. McCannon moved that City Attorney Salter be instructed to draw up an ordinance as recommended by the Traffic Commission; McDowell seconded and the motion passed unanimously on roll call vote. Planner Mawson submitted recommendations for Citizens Advisory Com- mittee and described method of selection to get the broadest base of income, age, sex and other characteristics for input into the Comprehensive Plan and explained that meetings would be open to all those interested regardless of which subcommittee they may be assigne to. Mayor Prickett opened the PUBLIC HEARING. Cynthia Smith of 862Siskj you Boulevard commended Planner Mawson in his efforts to bring input by the citizenry into play as regards the comprehensive plan. The public hesring was closed by Mayor Prickett. Allen moved to accept recomme______nnndations; McCannon seconded and on roll call, passed unanimous ly. Steve Shapiro welcomed questions relative to his last flood restora- tion report which had been submitted to Council on January 2, 1975 when they met for Study Session. Hoffarth asked why there were expenses for outside services and Shapiro explained thst the Parks Department does not o~n the type of equipment necessary and the City had no appropriate equipment they could rent the department to do th~ job. Shapiro requested advance of $4,200 for trees based on funds of $57,234.48 expected from bonding. Ragland so moved; McCannen seconded and on roll call, passed unanimously. Shapiro brought up a problem resulting from three employees who were hired temporarily for flood restoration and who are now eligible for unemplo>~ent insuranc~ which could amount to some $4,000.00 which the Parks Department coulc be liable for. Prickerr felt that such cost should be par~ of flood restoration funds. McDowell moved to accept report; McCannon seconde and on roll call, mot]oned passed unanimously. ReMul.aE Meeting Ashland City Council P~-~ four OSFA Planning Commission residence requirements Bike Path Report S.O. Cable TV Addio for Council Meetings Water Street Park Wastewater Discharge Permit Margaret Rubin distributed souvenier copies of the Shakespearean Theatre to Council and Staff and reported that last year in excess of 183,000 seats had been sold and that this year extension of the season has been planned and thanked the City of Ashland for its full cooperation over the years. McDowell stated that although she would rather not see Virgin~ Wade pre- empted because she lives outside the city limits and there is already a limit of two members who live outside now that she agrees that it is proba5! best as it stands by ordinance. Pri~kett said then that in the absence of Wade"s qualifications that appointment of a replacement would be in order. Ragland nominated Jessie Fitch; McDowell seconded. Don Laws nominated James Sims; Hoffarth nominated Francis Jacquemin. McCannon moved nomination be closed. Council concurred. On first ballot of three candidates Sims received three votes which was not a majority. On second secret ballot, Sims got four votes to replace Virginia Wade on the Planning Conmission. Ragland reported cn bike path priorities and said he had heard that state monies are available and asked that funding be applied for from the High- way Commission. Prickett suggested that priorities be studied before making application for funds. City Administrator read letter from Southern Oregon Cable T.V. Written on April 23, 1973 offering audio service for Council and other meetings in the City for the benefit of citizens. Mr. Almquist noted that on previous offer Council had turned it down. Mayor Prickerr suggested that such servic might well be considered. McCannon moved for accepting service, Re,land seconded and on roll call, all YES. Mayor requested that City AdminisnratoK Almquist draft letter to S.O. Cable accepting offer of service at no cost to the City. Planner Mawson submitted report of plans for proposed Water Street Park and outlined State's position in development assistance. The State is requiring that an agreement be drm~n up between the City and State; that the City have responsibility of maintaining the park and the State would expect insurance coverage to be supplied by the City. Mawson estimated that maintenance cost could run as high as $2,000 per year for maintenance which would be cori~prise for the most part of pick-up work. McGuire, Director of Parks, said that a major cost in maintenance of parks of late has been aggravated by a rash of vandalism in parks. Allen moved to turn the proposal over to Par~s & Recrea tion for reco~.endations and comments. Ragland said he would like to see the park started with volunteer labor but would hope that the project and maintenance would not be abandoned for lack of volunteer help for maintenant Hoffarth said he doubted the 'City coutd~ke'ayailable some $6,00Q per year for a park during the financial crisis which now exists in the City. On Allen's motion to turn the project over to the Parks Department for comment,Hoffarth seconded and motion passed unanimously on roll call vote. Director of Public l~orks Alsing reported that an application for a Waste- water Discharge Permit had been received only a few days before it was due to be returned to DEQ on Janua~ 22, 1975 during A!sing's illness and asked that City Administrator Almquist be given authority to telephone for an extension of time since an answer had not been received relative to previous extension request. Mayor Prickerr deferred the matter until the study session scheduled for January 28 and if the City has had no answer at that time a special meeting will be called on the matter. Meeting Ashland City Council Pa~":iY--qe .... ORDINaNCES,RESOLUTIONS AND CONTRACTS Meister Annexation City Administrator gave f{rst reading of an ordinance amending Ordinance N0. 1805 relative to the annexation of certain property - asking for a six month extension on construction - Meister). Allen requested permiss/c~ to abstain from voting. McCannon moved to second reading; Hoffarth sec- onded and motion passed with Hoffarth, Ragland, McCannon, Laws and McDc:~- ell voting YES; Allen abstaining. Ordinance No. 1544 First reading of an Ordinance amending Ordinance #1544 was given by City Administrator Almquist. On McCannon's question on all committees being appointed by Mayor, City Attorney Salter explained that State law would supersede such an ordinance and suggested redrafting same. Mayor directed ordinance be rewritten and returned to Council. Improvement Dist. #41 First reading by title only of an ordinance levying special benefit assessments for construction and paving in street improvement district 41 was read by Recorder Butler who explained that the ordinance had been advertised and posted according to prescribed laws. Allen asked permissijz to abstain, which was granted. McCannon moved to second reading; Raglazd seconded and on roll call all YES with exception of Allen ~o abstained. Position Classific- ations City Administrator Almquist read an ordinance amending Ordinance No. 1415 as amended by Ordinance Nos. 1713, 1795 and 1812, which adopted and created a position classification plan for the City of Ashland and declar- ing an emergency. Allen moved to second reading; McDowell seconded and motion passed on unanimous roll call vote. Historic Conmission City Administrator Almquist said since the Charter Revision Ordinance is no longer operating that that it should be repealed and replaced with an Ordinance establishing the Ashland Historic Commission. McCannon meved to second reading; McDcwell seconded and measure passed unanimously on roll call vote. Electric Rate 0rd. Hoffarth moved to table until such time as Electric Committee of Budget reports findings and recommendations for new budget. McDowetl 'seconded. On roll call, McDowell, Hoffarth, Allen, Ragland and Laws voted YES. McCannon opposed. Transfer of Funds Resolution City Administrator Almquist read memorandum fr~ Nelson requesting Transfer of Funds for Parks & Recreations's 1974-75 Budget to implement changes created by wage and salary increases. Allen moved that Resolution be adopted; Ragland seconded and on roll call, all YES. Consuitant's Contract Adjournment Meeting adjourned at 9:55 P.M. ~v,'City Recorder Contractural Services Agreement Addendum between City of Ashland and John W. Bodilly was read. McCannon moved that Mayor and City Recorder be authorized to execute; Allen seconded. On roll-call, all YES. "Gary L.~rickett Mayor MEMO TO: FROM: DATE: SUBJECT: Members of the Council Gary Prickett January 21, 1975 Commissions and Col~mittees I would like to recolmmend the following individuals for the-follow- ing co~nissions and committees: Band Board Traffic Safety Commission 1. Dr. Beverly Cope t. Mr. C. P. Corliss 2, Mr. Dave ~ite-- 2. Mr. Earl Liverman 3. Dr. Marcus Woods 3. Mr. Bob O'Harra Build]ng ~ppeals Board 1. Mr. Gerald Barnes 2. Mr. Vincent Oredson 3. Mr. Don Skillman 4. Mr. Elmer Savikko 5. Mr. Vincent Baratti Friendship CommSttee 1. Mr. Ken Jones 2. Dr. Marvin Kocks 3. Mr. t!erb Colby 4. Mrs. Grace Kocks 5. I)r. Jos'e Ferrer Ashland Bicentennial Committee 1, Mrs. Audrey Soderberg j--z~z--~-' 2. Dr. Ron Lamb 3. Mrs. Cynthia Lord D~," :'L~,~,~<-- ~,--'.l/c~,~ ~ Ashland Greenway Co~m~ittee 1. ~h:. J,im Ra~lland 2. Mr. Dave D'Ol~vo 3. Mr. Garth McGuire 4. Mr. Hank }iampton Ashland Airport Committee 1. Mr. Bob Reinholdt 2. Mr. John Cady 3. Mr. Cliff Chaney 4. Dr. Stewart dohnson GP/sfg COUNCIL LIAISON WITH VARIOUS ORGANIZATIONS City Planning Commission: Councilperson Allen HOspital Board: Councilperson McCannon Parks and Recreation: Councilperson Ragland Ashland Airport Committee: Councilperson Hoffarth Multi-Purpose Center: Councilperson McDowell Senior Forum: Councilperson McCannon Traffic Safety: Councilperson Laws Sub-Committee to Continue Discussions with Pacific Power and Light regarding Acquisition of Oak Knoll Feeder System and possible Boundaries regarding Distribution of Power: Councilperson ~ ~,~bO-~ Councilperson Allen, Chairman Councilperson McDowell R~OMI~,ENDATiONS Or PttOVIST(',N:~ TO }~E ]NCLIIDED IN A NRW CITY ORDI~iA~K',E ON DL~ CONTROL 1. Incorporation of all state laws referrim' to doa control. 2. All doffs must be confined by fence, leash, or obedience tra~ning to the property of any person owning, harborinff or havinff cFmrge, care, control, custody, or possession of a dog. No dog shall be permitted to run at larffe withfin th~ city limits, except where express permission is given IV another owner or caretaker of private property. The City Council also, may' at its discretion, desigr~te certgin defined er,!m~ where do~s may be permitted to run free while under the owner's or keeper's control. 3. A dog confined t6 a car or truck is considered as being on the property of the person in charge of the dog. ~. It shall be unlawful for any person, family, or household to ~nve more than three (3) dogs over four months of age on any one property, except that a business license may be secured to permit the operation of a kennel, pet shop, or for other business purposes where four or more dogs may be kept for br~edin~, boarding, or training. For these purposes this may be considered ~ home occupation. 5. Any dog not on its owner's or custodian's property or on the property of another who has given penr, issicn to the owner or custodian of a dog to all the dog on his private property, must be on a leash of no lon~er than six (6) feet in length. Do~s bein~ taken for a walk other than on above described properties must always be attended by the ~;ner or oth~r person who has custody of the dog. It Shall be unlawfal to tie a dog or any other animal to any tree, l~drant, railing, or other obstacle on the streets of the city. 6. tt shall be unlawful to allow any dog, excepting Seeing Eye dogs, to be allowed closed that 50 ft. from the entrances of the following places of business: Pioneer Market, Safeway Store, and all stores within the Gateway and Ashland Shooping Centers. 7. It shall beunlawful to allow any dog, except Seeing Eye doZs, to be on East Main Street between Gresham Street and the bridge crossinj Ashland Creek, or in the downtown Plaza Area at sPytime, except that the owner or other person in custody of a dog may cross East Main Street at the intersections of Pioneer, First, and Second Streets. 8. No do~, escept Seeing Eye dogs, shall be permitted in any of the City Parks, except that the Ash]and Park Commission may designate certain defined areas where dogs may be a]iowed on a leash. 9. Any dog within t~ city limits that is vicious or danfferous to the safety of any person or other animal must be confined by an enclosure or leash even though on its owner's or keeper~s property. 10. It slmll be unlawful for any person whoms oever to keep within the. limits of ~he City cf Ashland sr~ do~ which habitually barks and thereby disturbs or aI:noys other residents of the city. Written complaints received from t~o or more neiffhbors re~ardinC s~ch annoyance s~all be reffarded as evidence of non-compliance of this provision. 11. Any owner or custodian of a dog found g~ilty of a violation of this ordinance mhal] be sub.ject to a fine of not more than $10 for the first offense, ~50 for a s(;cond offense, and $100 for three or more offenses, escept that the owner or keeper of a dog round running loose bet~'men sunset and sunrise shall be subject to a double fine for each offense. 12. Violations of any provisions of this ordinance shall be tried in the c ity's Municipal Court and all fines assessed shall go to the city's General Fund. EN~ORCE!~hWT It is the opinion of this Committee that to enforce the provisions of this proposed ordinance, that the City contract with the County Co,mmissioners to hire one extra-full time animal cl Dtrol officer who shall spend his entire working hours withn t~ City of Ashland enfe~cing the provisio~E of this Ordinance. It shall also be agreed that the County Dog Control officers s~hall continue their present control activities withn the city limits. MINORITY POINTS OF VIEW /- ,2/-