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HomeMy WebLinkAbout1975-1202 REG MINROLL CALL APPROVAL OF MINUTES PI~LIC HEARING Luna Vista Street Improvements Minutes of Boards, Commissions & Comm- ittees 3ak Knoll Fee Inc~ crease Request Swimming Program PUBLIC FORUM MINUTES FOR THE REGULAR MEETING ASHLAND CITY dOUNCIL December 2, 1975 The Pledge of Allegiance was led by Mayor Prickett who called the meeting to order at 7:30 p.m., on the above date in the Council Chambers. Hoffarth, Allen, ~cDowell, Ragland and Laws were present. McCannon was absent~ McDowell moved that minutes for the regular meeting of November 19, 1975 and for the special meeting of November 14, 1975 be approved and placed on file. Ragland seconded and motion passed unanimously on voice vote. Director of Public Works gave the background on improvements of Luna Vista Street between Chestnut and Walnut Streets stating that well over the 50% support had been given for the project. Mayor Prickerr opened the public hearing calling for opposition to speak. Since there was no opposition pre- sent, the hearing was turned over to those in favor. Dennis Varin of 314 Lun Vista said he is in favor of the improvements but is concerned about water problems where there is run-off crossing Wimer and down Luna Vista Street and possible damage by erosion of new pavement.after installation and costs to property owners for repair. Public Works Director Alsing said that astor drain will be installed to take water to Chestnut Street gutter until storm drain system is installed down below. Alsing also stated that the City has been aware of the water problem and that its policy is to maintain paving af~ installation. Since there was no further audience participation, the Mayor closed the meeting and said the ordinance would be read later in the meeting, McDowell moved to accept minutes of boards, comnissions and committees; Laws seconded and on voice vote, all YES. A letter f om Oak Knoll Enterprises requesting an increase in fee sahedule at golf c,-'~rse and submitting financial status was read by City Administrator Almquist. On Hoffarthts question regarding fees on comparable courses, Don Miller, Oak Knoll representative,'said that they are proposing fees in line with Cedar Links - the only golf course in the area on the same level, .Mayor Prickett pointed out that the City-owned course in Grants Pass would be a better comparable since Cedar Links financial situation is different in that it involves acquisition of the property. Allen moved to grant rate increase request; Laws seconded. Prickerr noted that the corporation should'be compli mented on improvements made. On roll call motion passed unanimously, City Administrator Almquist read a letter from the Swimming Committee in whic it was requested that the swimming program be continued next year through the · Parks & Recreation Department. Hoffarth agreed that since Council got the committee in motion that it is now time to make arrangements for P & R to tak the program over if they are interes ted 'and moved to refer to Parks & Recrea- tion; second by McDowell and passed unanimously on roll call vote. There was no comment from the audience. Ragland referred to information con- cerning the Safe Drinking Water legislation on the Federal and State level an urged that a meeting with surrounding cities be called in order to attempt a circumvention of some of the criteria called for in the bill which would be an expense unnecessarily imposed on the City and nnrelated to the quality of the water itself. Re~u]~.z~ Meeting Ashland City Council ~Page 2 Safe Drinking Water continued Sims Litigation Forest Service Meet Unfinished Business' Attprney's Fees On question as to effective date of implementation, Alsing said that he unde~ stood that the date set was sometime in January so Ragland urged that City call a meeting including an invitation to legislators as early as possible. Laws suggested that COG set up the meeting since they have the facilities an~ contacts. Raglandagreed and said if other cities are not interested that Ashland should go ahead on its own. Mayor Prickett felt that the meeting should be kept on a municipal level made up of Council members and City staff and that other representatives would be included in a Council of Governments sponsored meeting who are not concerned with city water problems. Ragland suggested an attempt be made to call a meeting for December 15th by City Administrator Almquist. Councilman Laws said that State Rep. Mitchell is in the audience and that he resents the fact that the Public Health Department and EPA are building in requirements not related to water quality and including criteria for taste, odor and appearance. Rep. Cleatis Mitchell of 243 Granite Street sail he had received a letter from Director of Public Works criticizing parts of the legislation and making recommendations and that he had turned the letter over to Health Division Administrator Robert Oliverand requested consider- ation and implementation of Alsing's suggestions into the rules when L,ey are adopted. Mitchell read his letter for the record (attaChed). Mayor Pricke=t expressed appreciation of the City for State Rep. Mitchell's concern and will ingness to exert energy on its behalf and urged his participation in the proposed meeting. Hoffarth brought up the status of the suit flied by James C, Sims involving missing parts to a pick-up which loss was allegedly sustained during impound- ment of the vehicle by the City, and asked City Attorney Salter if he had indeed finalized the action through a settlement by the City. City Attorney Salter said that it had ~een some time since the action was fresh in his mind but that the matter was settled at a cost of some $213.00 to the City and that it was his opinion that it was th~ least expensive avenue the City had stating that to accept a defensive po~L, tion could only cost more money. Hoffarth criticized Salter for not ha~/~g returned to Council with his rec- ommendation on settlement before acting on it and cited a lack of communica- tion because he got his information from another source, City Administrator Almquist said that he had heard from the Forest Service and their Mr. Smith would be willing to meet either on the 9th or 16th of December, but preferred the 9th. Mayor Prickett requested that the matter be placed on the agenda of the meeting of Council on December 16 unless in the City Administrator's mind after conferring with the Forest Service on the amount of time necessary he feel~ that the meeting on the 9th would be a better time. City Attorney Salter reported his findings relative to payment of Attorney's fees in the case of defense of City employees while discharging duties, and said that his research pointed out that no other cities have a written policy for such payment but that each individual case is considered on its own merit and that Portland and Eugene have a policy that no attorney fees are paid in criminal cases. McDowell wondered if there was a type of insurance to cover the problem and Salter said he doubted whether insurance to cover certain attorney fees would be available except in cases of false arrest and such.' Hoffarth suggested we continue on a case by case basis, 12/2/75 Pg. 2 Regul~!Meeting Ashland City Council _.Page 3 Creek Channelling Bargain & Sale Deed Idaho & Holly Sts. City. Attorney Salter said that he had been advised by Gerald Scannell that permission to work on the property of Sr. Investments in order to place the creek back into its original channel (pre-flood) would not be granted and asked Council's recommendation relative to going to Court to have it decide on question. McDowell said she could not understand why'the work had not bee done right after the flood and was told by Mayor Prickett that the City was already in a lawsuit over the matter. Laws wondered why we couldn't just go in there to do wh~t has to be done and Salter explained that we had allowed two years to elapse and that it is difficult now to explain that the problem is - and has been - an emergency. Laws moved to authorize City Attorney to pursue the matter in court; McDowell seconded and on roll call, all YES. City Administrator Almquist recommended that Mayor and City Recorder be authorized to sign Bargain and Sale Deed for a strip of property at Idaho and Holly Streets to Gerald and Elaine Shanafelt for $50.00. McDowel! moved for authorization; second by Ragland and passed unanimously on roll call vote° Traffic Commission Recommendations Union Street S. Mr. Avenue Audit Report A letter from Staff Advisor Alsing with Traffic Commission recommendation relative to parking on Union Street was read by City Administrator Almquist calling for "no parking" signs one car length back from Siskiyou Boulevard on Union Street. McDowell moved for approval; Hoffarth seconded and on roll call, all YES. City Administrator noted a resolution would be required, Memorandum from Staff Advisor Alsing with reconmendations from the Traffic Con~nisston was read by City Administrator Almquist relative to declaration of a "school zone" on S, Mountain Avenue beseech Siskiyou Blvd., and Ashland Street with traffic control set at 20 mph when children are present. Mayor Prickett said control is necessary for pedestrian traffic from Lincoln School to college and asked that the first stall on Mountain by Henry be prc'~ibited from parking. A person from the audience asked about a crosswalk a'~ the Mayor explained that research has shown that crosswalks are dangero~.~ when a crossing guard is not present as children have a tendency to depeno on drivers stopping automatically. A mother asked if a crossing could be pro- vided if it were possible to provide a crossing patrol from Lincoln School and the Mayor said such a request could be considered by the Traffic Commiss- ion. After considerable discussion Allen moved to accept recommendation of Traffic Commission on school zone and "no parking" space; Hoffarth seconded and on roll call, motion passed unanimously. Ernie Tischhauser of Tishauser, Bubb & Company - Auditors for the City was on hand in case there was need for clarification of internal audit report as submitted to Council. On Hoffarth's question as to whether Tischhauser felt that certain expenditures charged in capital outlay account were to circumvent budgeting, Tischhauser explained that there is a difference between municipal and general commercial accounting procedures. With reference to reports sub- mitted late, Hoffarth asked if there bad been any late charges because of the delay and was assured by Finance Director Nelson there had not been to the City but indicated there was a possiblility of a penalty in Parl~ Department. On question of Prickett & McDowell on correlating some reports in the audit, Tischhauser explained a correction is being made to include such reports. Prickerr said that relative to Parks & Recreation on page 46 on Flood Restora- tion he has letter from Parks Commission Chairman Bennett for Council ~eview. 12/2/75 Page 3 Regular Meeting Ashland City Council Page Audit Report cont. ~iquor License Request ~a) Ye Olde Pub b) Boar's Head Mayor Prickett read the letter in which the Commission requested that the City reimburse Parks Department for monies overspent on flood restoration. The Mayor added that he would like to see the City repaid for overfunding, and said there had been mingling of donations received by Parks Department. On question from Prickett as to whether accounting would show actual repair done as caused by flood or where possibly more extensive work was undertaker ~ith the funds, Dennis Cooper, Accountant for Auditors said that no test was made to see if work done was more'thah remedial and that he had depended on time sheets to show flood restoration participation. Tischhauser explained that expenditures applicable to flood damage had been pinpointed in account- ing. Finance Director Nelson explained that the only way that time could be segregated on donations for repairs vs. time spent on flood grant funds would have to come from a foreman's log book but thatis~is -n6t such record being kept during that time. Prickett said he felt that all claims against the fund should be validated, and went on to say that the Audit does not show if we overpaid or underpaid the Parks Department. Coope~ said in looking back we can see that two flood funds should have been kept during the restoration. Tischhauser said that there is an inherent weakness in accounting where information must depend on people wh~ make application. Prickett said he would like recommendation from the Auditors relative to the request of the Parks Department for reimbursement stating that we cannot ever prove that we owed the money we paid them. Cooper said there is proof on flood expenditures reimbursement which was made because it was documented. During discussion of audit City Administrator Almquist introduced the new Director of Parks & Recreation Doug Graef. Allen asked the City Administratc if he is continuing his policy to meet all new employees and was told he is. Hoffarth moved that audit be accepted and Parks request for reimbursement be taken up on the next agenda, Allen seconded and motion passed unanimously on roll call vote, Liquor License requests for transfer ~' new owners were submitted by City Recorder Butler. Chief of Police Hays reconm~ended application be approved for Pub but said that he would withhold recommendation on the Boar's Head because of arrest record of one of the new owners. McDowell asked to abstair from voting on "Ye Ole Pub'~. Allen asked permission to abstain from voting on either of the applications. Laws moved for approval of Pub application; second by Ragland. Hoffarth, Ragland and Laws voted YES. Allen & McDowell abstained. Motion passed unanimously. Ragland moved to deny recommendation for license on Boar's Head; Hoffarth seconded, Dick Smith - present Boards Head owner, said the applicant refer- red to is Northrup to having an altercation with a police officer in Pennsyl- vania for which he was charged with assualt of an officer but that after the officer said in a hearing that it was more of an attempt to assault that the original charge was subsequently reduced to disburbing the peace for whic~ he was fined $35.00. Northrup said he had pleaded guilty to that charge and was told in the Penna. town that the only record would be the reduced charge. Smith went on to cite both applicants as being trus t~orthy and forthright individuals and asked that one incident in the past not be held against Northrup, Hoffarth asked if applicant could be placed on probation during first year of operation and Chief Hays said that in the event any pro- blems arose during the first year, he would simply recommend against renewal. On roll call, Hoffarth, Ragland, McDowell and Lm~s voted "NO" on denial motion. Motion failed. Hoffarth moved to approve; second by Laws and passe~ unan~usly on roll call vote with Allen abstaining. 12/2/75 Page 4 Re~ulaT--Meeting - Ashland City Council pagI-~'~ Motor Grader ire Truck Bids Memos from Directors of Public Works and Finance relative to replacement of motor grader were read by City Administrator Almquist. Nelson said he had an offer of $2,500 on trade-in if decision is to purchase a piece of equipment to replace the Austin-Western grader. Hoffarth agreed on the for Council consideration. i ~ a the 1971 Austin-Western grader now being rented appears to be the best offer for purchase of equipment. Mayor Prickerr wondered if with the reduction of personnel in the street de- partment we plan on the same level of street maintenance and Alsing stated that two blade men had been retained but that the policy is up to Council. Ragland said the voters have told us they will be satisfied with less servic~ Hoffarth said he inquired as to what it would cost to have a Contractor do the grading and was told approximately $1,100-per week with operator provided. Alsing pointed out that a back-up grader is necessary if our own breaks down~ and added that our experienced operators know where pipes are buried. On question from Mayor Prickerr, Jones said he runs grader 60% of the time, or about 30 weeks a year. Laws asked Jones what the men do when the grader is not running to which Jones said there is always work to be done. Alsing sai~ he fee~we have pulled back on maintenance programs but since the County gav~ up grading of Tolman, Clay and Bellview we now have more to take care of. Laws wondered what will happen if we don't purchase the grader we are renting with option and if it is sold from under us. Mayor Prickett reminded Council that $119,000 had been cut from the street department budget and if we cut tc one grader and one operator you would have difficulty if that one operator became ill and said further that he questions going into rental equipment, Hoffarth moved to table and requested that Finance Director bring back ~osts of alternatives; Alien seconded. Nelson said there are physical problems in addition to cost factors. Jones wondered if the Contractor would provide all-wheel drive vehicle which would be necessary to plow hillside streets. City Administrator Almquist recommended that operational problems like the reliability of the operator, supervisionsand the fact that we already have people on the payroll be considered. O~ roll call Hoffarth, Ragland, Laws and McDowell voted "NO". Allen voted f~r the motion, Motion failed. Mayor Prickett recommended authorization of ~.,other month's rental with option and within that month Staff bring back opt~,ns, figures and critiques. McDowell so moved saying that she valued the necessary service having lived on an un- paved street for 15 years; Allen seconded and on roll call, all YES, City Administrator Almquist'read memorandum from Director of Finance Nelson in which it was recommended by he and Fire Chief Reed that surplus Ford fire truck be sold to the highest bidder, MargaretIAVerill of Medford who bid $877.00. Bids had ranged from $511.00 to $877.00. Allen said it was his understanding that f~rst consideration be given a fire protection district. Ragland moved to sell to highest bidder; Allen seconded and on roll call, passed unanimously. irefighter's Contract Contract Addendum #5 with 14,65% increase to bring our top paid firefighter to $945 to b~ing wage schedule in line with other cities the size of Ashland with an average pay of $921 per month. Allen moved for ratification of contract; Laws seconded and on roll call, all YES. Financial Commenta~ Director of Finance Nelson~s Financial Commentary for the period 7/1/75 to 10/31/75 was accepted as submitted with no action necessary. 12/2/75 Page 5 kc~ui__~r Meeting Ashland City Council Page 6 Resolution - Salary increases Demolition of bldgs. Lithia Springs A resolution as proposed by Hoffarth was read by the City Administrator relative to salaries in the 1976-77 budget. On question from City Adminis- trator Almquist as to whether the resolution was to include all personnel, Hoffarth said it was meant to inciude all personnel at staff level and not rank and file employees. Hoffarth moved for adoption; seconded by Allen. Ragland moved to amend the motion to include all city employees excluding Hospital & Parks. McDowell seconded. Hoffarth said that historically Council does not act on Hospital administration. Prickett added that Parks Department could not be included according to Charter. Allen questioned if such move would be permissible with collective bargaining in the City. Almquist said setting ceiling is probably an illegal or unfair labor practice. Ragland said it was his intent to put a limit onbudget. Ragland withdrew hi~ motion and McDowell withdrew second. Ragland then moved to amend motion that "total budgeted salaries, if granted, should not exceed 5% or the cost of living - whichever is lower". On roll call Hoffarth, Ragland, Laws and McDowell voted YES; Allen voted against the motion, Motion carried. Pricket~ and La~S agreed that we do not have enough data on budget to adopt. Koffarth felt it is just easier to prepare preliminary budget if we set guidelines. Prickerr sta~ed that Council is overreacting. Laws said it may be wiser to cut functions rather than employees. Prickett felt we should give people choice to vote on services - setting new tax rate. On roll call vote to adopt the Resolution as amended, Ragland voted YES, Laws, McDowell, Allen and Hoffarth voted NO. Allen then moved to adopt the Resolution as origin- ally presented. Hoffarth seconded. Allen and Hoffarth voted YES; Ragland, Laws and McDowell voted NO. A m~orandum from Director of Public Works ^~in .... g was read by the City Admin- istrator relative to the demolition of structures at Lithie Springs. Laws moved for demolition of structures; second. by McDowell and passed unanimously on roll call vote. Spe ,is/Benefit Assess-Second reading by title only of an ordinance levying special benefit . ssess- men s Ordinance ments in the amount of $2,671.32 in the matter of construction of pay ng in street improvement district No. 42 was read by City Administrator A]~-nist. Laws moved to adopt; second by McDowell and passed unanimously by roll call vote. Transient Occupancy City Administrator Almquist. gave second reading by title only of an ordinance adding a new chapter 4.24 to the Ashland Municipal Code levying a tax on transient occupants of the City of Ashland; fixing the amount and providing for the collection of the tax. Laws moved to adopt ordinance; Ragland sec- onded and motion passed with Hoffarth, Ragland, Laws and McDowe!l voting YES; Allen opposed on roll call vote, Luna Vista Improve- nents Sontract addendum ~ohn W. Bodilly · Josep~ Mo Butlar City . Recorder First reading of an ordinance authorizing and ordering the improvement of · Luna Vist Street from ~,estnut to Walnut Streets was read by City Adminis- trator Almquist. Allen moved to second reading; McDowell seconded and on roll call vote, passed unanimously. Laws mo~ed for one (1) year extension of Contract r~l Services Agreement with Gary L; ~ri~ekett Mayor F~