HomeMy WebLinkAbout2002-1001 Council Mtg PACKETCouncil Meeting Pkt. C ! I ¥ O F
BARBARA CHRISTENSEN ~kS H LAN D
CiTY RECORDER
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 1, 2002, 7:00 p.m.
Civic Center Council Chambers, 1175 E. Main Street
I. PLEDGE OF ALLEGIANCE:
I1. ROLL CALL:
v/Ill. APPROVAL OF MINUTES: Regular Council Meeting Minutes of September 17, 2002.
IV. J SPECIAL PRESENTATIONS & AWARDS:
1. Mayor's Proclamation of "Disability Employment Awareness Month."
~)2. Mayor's Proclamation of"Fire Prevention Week."
V. CONSENT AGENDA:
~191 Minutes of Boards, Commissions and Committees.
Liquor License Application from Mark Thomas dba Louie's Bar & Grill located at 41
North Main Street.
~.3'. Confirmation of Mayor's appointment of Jack Catron to the Bicycle & Pedestrian
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Commission for a term to expire April 30, 2004.
VI. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker, unless it is the
subject ora Land Use Appeal. All headngs must conclude by 9:30 p.m. or be continued
to a subsequent meeting)
(None)
VII. PUBLIC FORUM: Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less,
depending on the number of individuals wishing to speak.)
UNFINISHED BUSINESS:
VIII.
(None)
C,()UNCIL MEEI INGS ARE BiROADCAST I.,I\, E ON CHANNEl, 9 ',".
VISIT 'FHE CITY OF ASt.:II.A~ [. S WEB SITE AT WWW.ASHLAND.OR.US
IX. //~N~ EW AND MISCELLANEOUS BU$1,NJE,~S:
1. Purchase of Liberty Street Open Space Property.
X. ,//~2tl~DINANCES, RESOLUTIONS AND CONTRACTS:
~ V_l.,d First reading of"An Ordinance Adding Chapter 2.17, Public Arts Commission, to the
"-~" Ashland Municipal Code."
. Second reading by title only of "An Ordinance Authorizing the Mayor to add Student
Liaison Members to Commissions and Committees."
Xl. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS:
Xll. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Administrator's office at (541) 488-6002
(TrY phone number 1-800-735-2900). Notification 72 hours p#or to the meeting will enable the
City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-
35.104 ADA Title I).
COUNCIL M EET1NGS ARE BROA DC.AST I.JVE ON CHANNEL 9
VISIT THE CITY ()F ASI.t[.ANI.. S WEB SITE AT WWW.ASHI.AND.OR.US
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PROCLAMATION
. Fire kills 3,500 to 4,000 people in the United States each year and 80 to 85% of all fIfe deaths
occur in the home.
. Taking simple safety precautions, such as identifying and removing everyday home fire hazards,
can help prevent the majority of home fires and home fire deaths.
. Proper installation, testing and maintenance of smoke alarms listed by qualified testing
laboratories are part of a system of fire protection.
. Developing a home fire escape plan, with two ways out of each room and an outside meeting
place, and practicing it twice a year with every member of the household, are critical to escaping
a fire safely.
. The nonprofit NFPA (National Fire Protection Association) has been the official sponsor of Fire
Prevention Week for 80 years, the 2002 Fire Prevention Week theme, "Team Up for Fire
SafetyTM, motivates children and families to conduct a home hazard hunt, develop and practice
a home fire escape plan, and install and test smoke alarms. NFP A dedicates "Team Up for Fire
Safety" to the hundreds of firefighters who so valiantly gave their lives to save others in 2001,
especially on September 11.
. The fire service of Ashland is committed to the safety of life and property from the devastating
effects of fire,
. The members of the fire service are joined by other concerned citizens of Ashland, as well as other
emergency service providers and safety advocates, businesses, schools, service clubs and
organizations in their fire safety efforts.
Now, therefore, the City Council and Mayor, on behalf of the citizens of Ashland, hereby proclaim
the week of October 6 - 12, 2002, as
NATIONAL FIRE PREVENTION WEEK
This week commemorates the Great Chicago Fire of 1871, which killed more than 250 persons, left
100,000 homeless and destroyed more than 17,400 buildings. We call upon the people of Ashland
to participate in fire prevention activities at home, work and school and to take the steps needed to
make their homes and families safe from the leading causes of home fires, which include cooking,
heating and electrical.
Dated this 151 day of October, 2002.
Alan DeBoer, Mayor
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CITY OF
ASHLAND
Council Communication
Title:
Liquor License Application from Mark Thomas dba Louie's Bar & Grill located
at 41 North Main Street
City Recorder/Treasurer
1 % 1/02
~arbara Christensen
Greg Scoles y'
Dept:
Date:
Submitted By:
Approved By:
Synopsis:
Application process of Oregon Liquor License as provided by OLCC.
Recommendation:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use requirements
and that the applicant has a business license and has registered as a restaurant, if applicable. The city
council recommends that the 0 LCC proceed with processing of this application.
Background Information:
Application for liquor license is for a change of ownership.
The City has determined that the license application review by the city is set forth in AMC Chpt. 6.32
which requires that a determination be made to determine if the applicant complies with the city's land
use, business license and restaurant registration requirements (AMC Chpt. 6.32).
In May 1999, the council decided it would make the above recommendation on all liquor license
applications.
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Office of the Mayor
Alan W DeBoer
MEMORANDUM
DATE:
September 25, 2002
FROM:
City Council Memb/::::J
Mayor Alan DeBo~
TO:
RE:
Appointment to Bicycle & Pedestrian Commission
I would like to confirm the appointment of Jack Catron for a term to expire April 30,
2004 on the Bicycle & Pedestrian Commission. This will replace Joanie McGowan who
was appointed at the City Council Meeting on September 3, 2002 but is unable to serve.
As we have recently advertised this position, and have applications from previous
vacancies, it was considered unnecessary to readvertise the vacancy.
Attachment
City of Ashland . 20 East Main Street . Ashland. OR 97520 . (541) 488-6002 . Fax: (541) 488-5311 . Email: awdb@aol.com
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CITY OF
-ASHLAND
Council Communication
Title: Purchase of Liberty Street Open Space Property
Dept: Legal Department
Date: October 1, 2002
Submitted By: Paul Nolte ~
Approved By: Greg Scole~
Synopsis:
Purchase of slightly less than two acres of property at the end of Liberty Street (map attached), of which
one acre plus will be open space property and the remainder will be conveyed to an adjoining neighbor.
The neighbor will provide a trail easement through his property to the open space portion and pay
approximately 60% of the purchase price. The open space fund will pay 40%. The purchase price is
$279,500.
Recommendations:
Approve the purchase of the Liberty Street property and authorize the Mayor and staff to execute all
documents necessary for the purchase, the division of the property and the conveyance of a portion to the
neighbor.
Fiscal Impact:
The purchase will require approximately $115,000 to be charged from open space funds. The balance of
the purchase price will be paid by the neighbor of the property cooperating in the purchase. In exchange
the neighbor will receive a portion of the property being purchased.
Background:
The Ashland Parks and Recreation Commission recommends purchase of the property as noted and
explained in the attached memos.
1- G:~IegaI\PAUL\PARKS\Liberty Street property purchase cc.wpd
ASHLAND PARKS AND RECREATION COMMISSION
340 so. PIONEER STREET
.
ASHLAND, OREGON 97520
COMMISSIONERS:
Kenneth J. Mickelsen
Director
JoAnne Eggers
Sally D. Jones
Rick Landt
Jim Lewis
Laurie MacGraw
TEL.: (541) 488-5340
FAX: (541) 488-5314
MEMORANDUM
TO
Honorable Mayor and City Councillors
FROM
John Mclaughlin, Planning Director
Kenneth J. Mickelsen, Director
Paul Nolte, City Attorney
DATE
September 10, 2002
SUBJECT
Liberty Street Property
The Ashland Parks and Recreation Commission is recommending purchase of the liberty
Street property to the Council.
BRIEF SUMMARY
The property consists of approximately 2 acres that contains one building site of approximately
~ acre. The city would retain the remaining portion of the property.
This purchase would involve a partnership between public and private sectors. Staff has been
working with a neighbor who is adjacent to the proposed property for purchase. The neighbor
controls the access that would allow public access to the property at the end of liberty Street
and is willing to contribute over half the dollar amount required to purchase the property. In
return, the neighbor would own the building site and would provide a trail easement on his
property.
One of the special features of this property is that it may contain a portion of the T.I.D. ditch and,
by having a trail easement off liberty Street, would provide a trail to the ditch that is now
connected to other city owned property along this segment of the ditch. The T.I.D. ditch is
located outside of the building site and would be included in the portion of the property that
would be owned by the city.
The end of liberty Street is now a popular access point for the public to enter the forest
interface but it is only because the current property owner is willing to allow the publiC to use his
property for access. However, at any time, the property owner or a future owner could deny
public access to his property which would create a situation similar to others that exist in several
areas of the city. Under the current proposal for purchase of the Liberty Street property, this
segment of the ditch would be in public ownership and the city would be obtaining a trail
easement at the upper end of Liberty that would assure public access in the future.
Home of Famous Lithia Park
ASHLAND PARKS AND RECREATION COMMISSION
340 so. PIONEER STREET
.
ASHLAND, OREGON 97520
COMMISSIONERS:
~O'\if:,F:/~~.
"~~,,' 'J'/.
f~
~" ~'()~if-'_ ~t
.'Ii ,OJ'
".lji~"
Kenneth J. Mickelsen
Director
JoAnne Eggers
Sally D, Jones
Rick Landt
Jim Lewis
Laurie MacGraw
TEL.: (541) 488-5340
FAX: (541)488-5314
MEMORANDUM
TO
Honorable Mayor and City Councillors
FROM
Kenneth J. Mickelsen, Director
DATE
September 10, 2002
SUBJECT
Recommendation to purchase property under Open Space Program
The Ashland Parks and Recreation Commission is recommending that the City Council approve
the acquisition of property under Article XIX of the City Charter. The property is included in the
short term list of the newly updated Park, Trails, and Open Space Program that has been
approved by both the Commission and the Council.
The property is located on liberty Street and consists of approximately 2 acres that would
provide trail access off liberty Street. Parks and City staff have been working jointly on the
acquisition of this property. Planning Director John McLaughlin will attend the Council meeting
to give a presentation related to how this property will provide trail easements and to answer
questions. '
If you have general questions, you may want to contact Commission Chair Rick Landt. If you
have specific questions you would like answered prior to the meeting, you can contact John
McLaughlin.
Purchase of this property has the support of the Ashland Woodlands Trail Association.
Home of Famous Lithia Park
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100 0
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saRGE. ClTYCFASH.JWJ Scale: 1" =100'
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CITY OF
-ASHLAND
Council Communication
TITLE: An Ordinance Adding Chapter 2.17, Public Arts commission, to the Ashland
Municipal Code
DEPT: Administration
DATE: October 1, 2002 ,, ~ , ~
SUBMITTED BY: Ann Seltze~J~
APPROVED BY: Greg Scoles~
Synopsis:
This ordinance establishes a seven-member Public Arts Commission to encourage and enhance public
art within the city.
Recommendation:
Adopt first reading of the ordinance.
Fiscal Impact:
Programs developed in connection with the commission may have fiscal impacts, including additional
staff time, which will need to be analyzed after such programs are identified.
Background:
This ordinance was first considered by the council at the September 17, 2002 meeting. The Public Art
Study Group drafted and proposed the ordinance after meeting on a regular basis on their own and with
the City Administrator since February 5, 2002. The group discussed various possibilities for
establishing a formal Public Arts Commission, which resulted in the ordinance, considered at the last
meeting. At that meeting the council recommended that the ordinance be brought back for first reading.
The following information was provided to council at the September 17 meeting:
At the beginning of 2002, the "Pre-Public Art Study Group" asked that the city consider forming an
official Public Art Study Group. Following discussion at a study session on January 16, 2002, it was
agreed at the February 5, 2002 council meeting that council adopt a public art statement to show its
support of such a policy. The Public Art Statement reads as follows: "The city council recognizes the
value and importance of public art in the community and is committed to the development of a public art
policy. To this end, the council agrees to participate with an informal study group to research and
develop possible alternatives for such a policy and to collaborate with the study group in the writing and
implementation of a final proposed policy".
ORDINANCE NO.
AN ORDINANCE ADDING CHAPTER 2.17, PUBLIC ARTS
COMMISSION, TO THE ASHLAND MUNICIPAL CODE
Annotated to show deletions and additions to the ordinance presented to the council
on September 17, 2002. Deletions are lined through and additions are underlined.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1. Chapter 2.17 is added to the Ashland Municipal Code. as follows.
Chapter 2.17 PUBLIC ARTS COMMISSION
Sections:
2.17.005
2.17.010
2.17.020
2.17.030
2.17.040
2.17.050
2.17.060
2.17.070
2.17.080
2.17.090
2.17.005
Purpose
Created
Members; Terms
Officers
Secretary
Meetings; Quorum; Voting
Rules and Regulations
Powers and Duties
Compensation
Policies
PUrDose. The purpose of this chapter is to recognize that:
A. 'f.'IICRCAS, tThe arts are an important part of the cultural and economic life of
the entire community of Ashland and enrich the participants in the arts as well as those
who observe them; and
B. WIICRCAS, tIhe continued vitality of the arts in the City of Ashland is a vital part
of the future of the city as well as of its citizens; and
C. \VIICRCAS, sSeveral organizations which exist in Ashland, including the
Ashland Gallery Association, Southern Oregon University including the Schneider
Museum, the Ashland Schools, Lithia Arts Guild and the Southern Oregon Arts Council,
are active in the arts and provide leadership to the community on arts related matters;
and
D. VVIICRCAS, tIhe creation of a Public Arts Commission for the City of Ashland
will assist those organizations, as well as many other organizations and individuals to
make arts a more important part of the city's life; and
1 - Ordinance
G:\Iegal\PAUL\ORD\A\art commission ord 10-02.wpd
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E. 'NIICRCAC, tThe mission of the Public Arts Commission is to enhance the
cultural and aesthetic quality of life in Ashland by actively pursuing the placement of
public art in public spaces and serving to preserve and develop public access to the
arts.
2.17.010 Created. There is hereby created a Public Arts Commission for Ashland is
created and shall have having the powers and duties provided in this chapter.
2.17.020 Members; Terms. The Public Arts Commission shall consist of seven ffl
members appointed by the mayor and confirmed by city council. The commission shall
contain at least five t5tmembers from a broad spectrum of citizens including
representing arts organizations, education, structural and landscape architecture, and
at least two {2t-citizens at large. At least five members of the commission shall reside
inside the city limits. The appointees shall have three-year terms. The original
appointees shall be appointed: three two for one year, three two for two years and three
for three years, thereafter all terms will be for three years. All members may vote on any
matter coming before the commission, except as the ethics laws of the State of Oregon
may provide. After a member has three unexcused absences, the commission may
remove that member. Should a member be removed, the mayor will make a new
appointment for the remainder of the term.
2.17.030 Officers. At its first meeting The Public Arts Commission shall elect a
chair and a vice-chair who shall hold office for one year, except that the first chair and
vice-chair shall serve until the end of the calendar year. At the first meeting of each
calendar year, the chair or vice-chair from the previous year shall preside over elections
for chair and vice-chair. Neither the chair nor vice-chair shall serve as an officer for
more than two consecutive terms.
2.17.040 Secretary. The members of the commission shall elect annually a
secretary who need not be a member of the commission. The secretary shall keep an
accurate record of the proceedings of the commission.
2.17.050 Meetings; Quorum; Voting. The Public Arts Commission shall hold an
official meeting at least bimonthly (once every two months) and may hold special
meetings as set by the commission. A majority of the members constitutes a quorum for
meetings. Provided a quorum is present, any item must be approved by a simple
majority of the voting members present at a meeting to pass, unless otherwise
provided.
2.17.060 Rules and Regulations. The Public Arts Commission shall establish such
rules and regulations for its government and procedures consistent with the laws of the
state and the ordinances of the city.
2.17.070
Powers and Duties.
A. The Public Arts Commission shall be specifically responsible for, but not limited
to, the following:
2 - Ordinance
G:\legal\PAUL\ORD\A\art commission ord 1D-02.wpd
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1. The commission shall ensure the arts continue to be of value as an
integral part of Ashland.
2. The commission shall promote the arts in Ashland to enrich the lives of its
citizens through education and demonstration.
3. The commission shall assist the city council, the Ashland Parks and
Recreation Commission, historic commission and the planning commission in
using public art to enhance continuing development, including public structures.
4. The commissO n shall ad se the planning commission, the Ashland Parks
and Recreation Co .. , her city commission~nd city departments
regarding artistic components of all projects under ccside~:.t~o~. ~~: ~it~
5. The commission shall develop and recommend to ~~~il
adoption of ordinances and policies for the planning and maintenance of public
displays of art in the community.
6. The commission's duties may include planning and executing public
displays of visual and performing arts, providing connections with other local,
regional and national organizations working for the benefit of art and
preservation of artistic values, and other similar activities.
7. The Public Arts Commission shall identify groups and organizations that
enrich Ashland life by bringing cultural and artistic values and artifacts to the city.
2.17.080 Compensation. Voting members of the commission shall receive no
compensation for services rendered. The commission may receive gifts, bequests or
devises of property on behalf of the city to carry out any of the purposes of this chapter.
These shall be placed in a special account for use of said-the commission.
2.17.090
Policies.
A. The Public Arts Commission shall operate as a nonprofit organization
devoted exclusively to its mission.
B. The Public Arts Commission shall operate in the general public interest
serving the community as a whole. It shall serve no special interests.
C. The Public Arts Commission shall not endorse any commercial product or
enterprise.
3 - Ordinance
G:\legal\PAUL\ORD\A\art commission ord 10-02.wpd
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The foregoing ordinance was first read on the
and duly PASSED and ADOPTED this
Barbara Christensen, City Recorder
SIGNED and APPROVED this
Reviewed as to form:
Paul Nolte, City Attorney
4 - Ordinance
day of
day of
,2002,
,2002.
day of
Alan W. DeBoer, Mayor
,2002.
G:\legal\PAUL\ORD\A\art commission ord 10-02.wpd
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CITY OF
kSHLAND
Council Communication
Title: Second reading of An Ordinance Authorizing the Mayor to Add Student Liaison
Members to Commissions and Committees.
Dept: Administration
October 1, 2002
Date:
Submitted By: Greg Scoles, City Administrat
Reviewed By: Paul Nolte, City Attorney
Synopsis:
This ordinance will authorize the Mayor to add student liaison members, one from the High School and
one from Southern Oregon University, to commissions and committees. The youth liaison members will
be non-voting.
Recommendation:
Staff recommends the council move to adopt the ordinance after second reading.
Fiscal Impact:
There is no fiscal impact anticipated with the adoption of the ordinance.
Background:
This ordinance was presented for first reading at the September 17, 2002 council meeting. One change
was made to reflect that membership may be added to any city commission or committee.
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO ADD STUDENT
LIAISON MEMBERS TO COMMISSIONS AND COMMITTEES
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
Annotated to show deletions and additions to the code section approved for first
reading on September 17, 2002. Deletions are lined thFOUgh and additions are
underlined.
SECTION 1. Section 2.04.082 is added to the Ashland Municipal Code:
Section 2.04.082 Student Memberships on Commissions and Committees. The
Mayor with consent of the Council may add to the membership of any city
commission or committee, two positions for student liaisons, whether such
commission or committee was established by ordinance or resolution. The student
liaisons shall be non-voting ex officio members of their respective commissions or
committees. Once the liaison positions have been added, the liaison from the high
school shall be a high school student chosen by the Ashland High School
leadership Class and the liaison from the university shall be a university student
chosen by the Associated Students of Southern Oregon University Student
Senate. The requirements of sections 2.04.080 and 2.04.081 shall not apply to the
students chosen under this section.
The foregoing ordinance was first READ on the day of
,2002,
,2002.
and duly PASSED and ADOPTED this day of
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2002.
Alan W. DeBoer, Mayor
Reviewed as to form:
Paul Nolte, City Attorney
1 - ORDINANCE
G:\legaI\PAUL\ORD\y\Youth Liaison Members to Commissions and Committees ord2.wpd
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