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HomeMy WebLinkAbout1986-0916 Regular Meeting OJ ~ MPORTANT,' Any citizen attending Council-m~4ngs-may speak on any item on the agenda, unless it is,~he'subJect of a public hearing which has been closed. If you wish to speak, ~p1ease rise and after you have been recognized by the Chair, give your na~e and . ~ address. The Chair will then allow you to speak and also inform you as to the amount. :~/ of time allotted to you. The time granted will be dependent to some extent on the }- 1 nature of the item under discussion, the number of' people who wish to be ard, and \ the length of the agenda. . . I AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 16, 1986 3;k I. EXECUTIVE SESSION: 7:00 P.M., Civic Center Conference Room II. PLEDGE OF ALLEGIANCE: 7:30 P.M., Civic Center Council Chambers III. ROLL CALL IV. APPROVAL OF MINUTES: Regular meeting of September 2, 1986 V. PUBLIC HEARING: 1. Continuation of public hearing regarding a request for annexation, subdivision and zone change for 16.7 acres located North of Crowson Road and West of 1-5 freeway. (Claude Benson, Applicant) VI. COMMUNICATIONS, PETITIONS & REMONSTRANCES: 1. Letter from Robert Macknowski, 140~ Central, concerning formation of the "Ashland Citizens Tribunal" and proposed survey of Ashland residents. .' " . \- 2. Request by Ashland High School Cross Country Team for temporary closure of Pioneer Street from Granite Street Northerly to last house, on October 4, 1986. VII. UNFINISHED BUSINESS: I 1. Report by staff regarding meeting with Hersey Street property owners concern- ing design features of proposed street paving project under F.A;U.S. program. \ V(2. Request by Director of Public Works for appropriation for plans and cost estimates for energy saving measures at Wastewater Treatment Plant. VIII. NEW & MISCELLANEOUS BUSINESS: 1. Request by Senior Program Board for permission to submit grant application for State funds,for senior transportation program. 2. Presentation of completed Sewerage System Study update by Steve Simonson, Vice Pres., CRS-Sirrine Engineers. ~ I" 'X. ;:.", "'"" , IX. \..... 1. r , ............ 3. Request by City Administrator for authorization to submit nomination for Ashland Powerhouse to the National Register of Historic Places. Memo from Finance Director noting Worker's Compensation manual rates for 1986-87. Business from the audience not included on the agenda. ORDINANCES, RESOLUTIONS & CONTRACTS: Second tax to reading by title only seven (7) percent. of an ordi~ance increasing the transient occupancy - --. ---------- ~- -- --'~_.~. ,-J - --.r---' /// - ~ ~'. ORDINANCES, ,'l ~ ( I I f XII. ADJOURNMENT: \ J , !l- I J I. ~' RESOLUTIONS & CONTRACTS: (Continued) 2. First reading of an ordinance ordering the improvement of ~ ~~. N. Main Street to Water Street under the F.A.U.S. program ~~' Improvement District. Hersey Street from and forming a Local 3. First reading of an ordinance amending Chapter 4.32 of the Municipal Code with respect to Alarm Systems and Special Police Service Fees. XI. OTHER BUSINESS FROM COUNCIL MEMBERS (Reminder: State Land Board Hearing, September 15 at 7:30 P.M. re: Sluicing). l ) Attachments: 1. 2. Minutes of Boards, Commissions & Committees Departmental Reports - August 1986 ) ) \ \ 7 \ ) i I " 'J \ \ -.......... ---.---------- _. - ~-~~-~ .. . ROLL CALL ENERGY EXCELLENCE AWARD APPROVAL OF MINUT!,~'" " " , PROPOSED ANNEXATION (Claude Benson, Applicant) NONCONFORMING USE AMENDMENTS TO LAND-USE ORDINANCE KRAHEL LAWSUIT \ MINUTES OF THE REGULAR MEETING ASHLAND CITY COuNCIL September 2,.1986 Mayor Medaris led the Pledge of Allegiance and called the meet- ing to order at 7:30 P.M. on the above date in the Council Chambers. Reid, Bennett, Acklin, .Laws and Arnold were present. Elerath was absent. Conservation Coordinator Wanderscheid presented the Mayor and Council with an Energy Excellence Award received from the Ore- gon Dept of Energy for Super Good Cents program, Solar Access Prohibition and attaining 80% of the housing/buildings on MCS. It was noted that Larry Medinger and Don Greene also received awards for implementing MCS consistently with excellence in their construction. Arnold moved to approve minutes of the regular meeting and executive session of August 19, 1986; Bennett seconded the motion which passed unanimously on roll call vote. Richard Stevens, Consultant for applicant req~ested postponement of public hearing until September 16, 1986. Director of Planning Fregonese reviewed the memo from the Plan- ning Commission relative to proposed amendment to Chapter 18.68.090 on Non-conforming uses saying the original request was made by Leonard Friedman for operation of a business in a single family residence area. Fregonese said that when the impact of a nonconforming uses is no more than a single family reside1~'aL.use that it tOuld h~.comDatible with a neighbor- / :~ayor oneoed ne DUD ~c near1U2.ana hood. c 11n askeo 11 t e ne1g oors 1n tne area of the non- conforming u~es were notified of the public hearing and FregonesE said they were not. Acklin said it would be appropriate to involve the neighborhoods. Gregg Williams who was present at the meeting noted his Ashland Greenhouses on Nevada were on the list and said a lot of greenhouses do not stay open all year and may not qualify for the criteria which calls for expiration of nonconforming after six months closure. Williams said that it would be proper to notify property owners of the neighborhoods where use exists. The Mayor closed the public hearing and turned the matter over to Council' for discussion. On question of Laws as to whether the alternative to nonconform- ing use would be to rezone, Fregonese said that this permits commercial use to operate inoccuously in a residential area for a blend as opposed to homogenous zoning which is boring. Acklin expressed the need to ke:ep the performance .standards strict. Reid moved to have~ic hearing on the question after neighbors are duly notified; Bennett seconded the motion which passed with Reid, Bennett, Acklin and Laws voting YES on voice vote. Arnold opposed the measure. A letter from Edward Krahel concerning award to the City of $145.00 for court fees was read and Laws moved to place letter on file; Acklin seconded and motion passed unanimously on voice vote. 9(2/86 P.l ;ylar Meeting . . HOOKUP REQUIREMENTS MCS A.G. OPINION WASTEWATER TREATMENT PLANT CONSERVATION STUDY . Ashland City Council' . . . . '9/2/86 P; Z The City Administrator reviewed his memo and that of Representa- tive Peterson relative to seeking an Attorney General's Opinion regarding criteria for hook-up requirement calling for newly constructed homes to meet the MCS adopted by BPA and suggesting that in the absence of such opinion, that the City Attorney be authorized to research the subject. Salter agreed.and said he would report back. Bennett moved to approve recommendation; Reid seconded the motion. Laws said we shouldn't spend a lot of time and money on research and Salter said there is no cost to researching subject. On voice vote passed unanimously. Director of Public Works Alsing reviewed his memo regarding the three phases in determining the conservation needs of the WTP, implementation and funding which has not been budgeted. Alsing noted that the Treatment Plant pays for energy like any other consumer and for this reason energy conservation is import. ant to establish. Alsing said that at this point there is apparently no plan for any type of modification or upgrading of the plant so that there would be no cause to delay conservation implementation. Council discussed the operation of the plant and Reid expressed interest in eventually modifying it to the three phase operation in use in other cities. Alsing said that inspections are scheduled routinely and that he has had no new criteria to comply with. Laws noted that since Councilor Elerath has raised some questions on the subject Laws felt that the matter should be postponed until Elerath's return to the City.and moved to postpone until his return at which time he could meet with the City Administrator and Alsing; Arnold seconded the motion which passed unanimously on voice vote. Sherry O'Sullivan said she lives on Nevada Street and during the last ten,days the odor from the STP has been unbearable and noted that she has had conflicting reports on the causes and finally learned that there was a malfunction at the plant. Alsing said it was believed to be the still hot air originally but later it was discovered that there was a bioligical/chemi- cal imbalance at the plant which had to.be adjusted. Alsing said the problem should be just about cleared up at this point. LIQUOR LICENSE - BARD'S INN A liquor license request from Bard's Inn was considered and it was noted that the Police Department recommended approval. Arnold:moved to approve request; Bennett seconded the motion which p~sseq unanimously on voice vote. SIDEWALK SALES The City Administrator reviewed his memorandum and recommenda- tions regarding downtown sidewalk sales. A letter from Ron Roth 6750 Old Hwy 99 S. was read and made part of the record. A letter from City Attorney Salter dated August 28, 1986 was also read. The Mayor said he had discussed the matter of craftspeoplE selling pottery during the Sidewalk Sale with Marian Telerski and Roy Ewing and said their home-occupation permits do not give them permission, to sell their wares downtown. ....~Qocontinued P. 2 'Egular Meeting . SIDEWALK SALES Cont. PUBLIC FORUM ORDINANCES, RESOLUTIONS & CONTRACTS Hotel/Motel Tax Increase Ashland City Council 9/2/86 P. 3 Arnold said the letter with recommendations from the City Administrator is a good one and invited input from the crafts- people before the matter comes back to Council for policy. Acklin urged that craftspeople contact Sandra James at the Chamber relative to input. Frank Phillips, 813 Beach Street, reviewed complaints against the City including the feeling of being harrassed by the Police when he was on private property adjacent to the Black Swan Theatre where he had permission to sell. Gary Murrell spoke as a member of the Jackson County Civil Liberties Union questioning the authority of the City Administrator. Laws noted that the end of policy and beginning of administration of that policy cannot always be discerned and that Council had passed on policy and on ordinance to back it up concerning sidewalk sales. Acklin.reviewed the history of the sidewalk sale saying that originally the sale was meant for merchants and a few craftspeople sold wares on these days but complaints developed from merchants who asked that the City monitor the event more closely. Acklin said she was sorry for the confusion but felt the problem could be worked out with sufficient input. Marian Telerski asked what the position of the Chamber is and said she has sold during the sidewalk sale for seven years and was invited to participate. Laws said the Chamber has no official role in the event. Laws reviewed how the original policy was modified after receiving complaints and said' he was sorry things were handled the way they were and recommended a committee to study the problem be appointed. Regina.Steph~hin of the Chamber said that the Chamber has not organized a sidewalk sale since she has been a Boardmember. Gregg Williams said he was a Chamber and Retail Merchant member and that the merchants were mostly Chamber members and in the past they set the dates for the sale. Laws moved that Chamber do a survey of merchants and that a committee be appointed by the Mayor made up equally of merchants, craftspeople, and Chamber members who will report back to Council with recommen- dations; Bennett seconded the motion which passed unanimously on voice vote. The ~layor displayed a railroad lantern given the City from the Dunsmuir community which is celebrating its lOath year anniv- ersary of the railroad and Medaris noted that on December 17, 1987 a golden spike will be driven here in Ashland to comme- morate the 100th anniversary of the completion of the railroad from the: north and south to join here. Medaris said that 12/13/87 to 12/19/87 would be Centennial Week to tie in with the 12 days of Christmas. The Public Forum was closed. The City Administrator gave first reading of an ordinance in- creasing the transient occupancy tax to seven (7) percent. Almquist then read a letter into the record from Gloria Thorpe of Ashland Motel and also included a letter from Jim Beaver for the record. Roy Levy spoke on behalf of the Travelers :_gular Meeting Ashland City Ceuncil 9/2/86 P. 4 . ORDINANCES, RESOLUTIONS & CONTRACTS Cent. Hetel/Metel Tax Increase Accemmedatiens Greup and as ewner and eperater ef the Reyal Carter Heuse and submitted a petitien expressing ebjectiens to. the prepesal fer raising the Hetel/Metel and B&B tax to. fund the land enly purchase fer additien to. the lecal gelf ceurse. Bruce Halversen said that the City sheuldn't spend this kind ef meney fer the small payback it weuld receive. Jack Nichelsen read his letter in eppesitien to. the erdinance increasing the Transient Occupancy Tax to. 7 percent saying that any acquisitien ef preperty fer a gelf ceurse sheuld be financed threugh user fees and that the gelf ceurse sheuld be prieritized with ether capital prejects. Nichelsen cited varieus laws relative to. interfund le~ns and pessible cests ef buying eut the lessee. Nichelsen clesed by saying that the cencept ef the gelf ceurse prepesal is a geed ene but the financing sheuld be examined befere geing further. The ewner ef the Maner Metel argued that the ledging industry sheuld net be expected to. pay fer the gelf ceurse and added that there are several metels en the market now, ~nd this action will drive the room rates up and keep mere peeple frem Ashland. The manager ef the Flagship Inn stated that he wasn't aware ef ene cenventien which didn't ceme to. Ashland because ef ~he lack ef an l8-hele gelf ceurse. He added that he is net against the gelf ceurse but ebjects to. the way it is to. be paid fer. The Mayer said he ceuldn't see peeple net ceming to. Ashland because ef an additienal 1% reem tax. Sullivan, lessee ef the gelf ceurse, neted that reunds ef gelf had increased frem 14,060 to. 38,000 ever the past five years. Jim Beaver, 477 Fai~~iew, recemmended that the issue be put to. \th~ Ve~ers and ~sked what percentage ef the gelfers are teurists' co"mp'at;ed to. residents ef Ashland. Al Willstatter agreed wiih,_:B~avei that!it sheuld go. to. a vete ef the peeple. Mayer Med<'Iis neted '-that the. financ:i,al prepesal is legal and relative: He added that the.-Ecenemic Develepment Cemmissien is in favor of the project and' that ,the Hotel/Motel owners will benefit frem'expansien. On 'Reid's questien as to. when berrewed funds weuld be paid back, Almquist said there are two. methads which ceuld be used. One wauld be'te use an intra-fund laan within the Capital Imprevement fund and the secend weuld be the inter-fund methed, and in the latter instance the lean weuld have to. be paid back in two. years. Reid nated she has secend theughts abeut the gelf ceurse since hearing frem peeple in the audience representing owners of motels, etc. Laws noted that at this time we are hearing fram ane special interest greup and at the last meeting there were advecates ef the gelf course -expansion. Laws moved passage of the ordinance to secend reading; Arneld secanded the metien which passed with Acklin, Laws and Arneld veting in. faver; Reid and Bennett veted in opposition and the motion carried. 9/2/86 P. 4 "J.?;ular Meeting . Policy to fund Health & Social Services LORD PROPERTY DEDICATION I & M SURETY BONDS PERSONNEL POLICY CONSTRUCTION LABORERS UNION Ashland City Council 9/2/86 P. 5 The City Administrator read Councilor Arnold's letter proposing that funding for Health & Social Services come out of the Gen- eral Fund and be earmarked so the providing agencies will know it is available. Arnold said the H & SS Committee had consid- ered seeking an increase in the Hotel/Motel t~x to handle the needo Spud Corliss suggested Council go a little slow in changing its policy on funding of Social Services from the General Fund and suggested that the matter be taken to the voters to see how they feel about it. Corliss said a more stable source of funding would be taxing the people and sug- gested a 3 year levy. Corliss added that a resolution of this nature should be presented to a full body and added that Council should let the Budget Committee know where the money is coming fromo Carolyn Johnson, 903 Pinecrest, spoke in support of the resolution having Chaired the Health & Social Services Committee and saying that the need from year to year is important to be established with a set amount of money available for the program Johnson said it is important to put it on paper so that a minimum amount of support is given the provider/agency. Reid thanked Johnson for having done a wonderful job in Chair- ing the Committee and moved to adopt the resolution; Laws seconded the motion and said the fact that the Budget Committee funded in the past says that it has been a policy to fund this group and this resolution just reaffirms thato On roll call vote the motion passed unanimously. A resolution dedicating certain property at Glenwood and Ash- land Street for park purposes pursuant to the City Charter was read and Acklin moved to adopt; Bennett seconded the motion which passed unanimously on roll call vote. A memo from the Director of Finance was reviewed and resolution imdemnifying Aetna Casualty & Surety Company for payment aris- ing from I & M Surety Bond was read and Acklin moved to adopt; Bennett seconded the motion which passed unanimously on roll call vote. A resolution amending personnel policy relating to staffing changes' was read and Arnold asked that a third section be added calling for notification of Mayor and Council at the same time as employee is notified. Bennett moved to adopt as amended; Laws seconded the motion which passed unanimously on roll call vote. The City Administrator reviewed his memo relative to negotiation: leading to a new three year agreement to begin July 1, 1987 and terms. of settlement over a dispute regarding the wage formulao Almquist read the Memorandum of Understanding and Laws moved recommend ratification and authorize signatures of the Mayor and City Recorder; Acklin seconded the motion which passed unanimously on roll call voteo 9/2/86 P. 5 Regular Meeting AMERICAN LEGION BUILDING OTHER BUSINESS ADJOURNMENT Ashland City Council 9/2(136 P. 6 A Memorandum of Understanding was reviewed and the City Attor- ney recommended that wording be changed to call for termination of lease to be in twenty years unless written notice one year prior is given to terminateo Acklin moved fo~ approval with 20-year termination clause amended into the agreement; Arnold seconded the motion which passed unanimously on roll call vote. Almquist told Council he needs time to discuss Union contracts in executive session and felt that 7:00 P.M. pn September 9th before the Capital Improvements Study Session would be a good time if approved by Council. Council agreed and Almquist said he would notify newspaper. Reid said she has had complaints relative to what amounts to 100% increase in four years for CATV service. Almquist said that Federal law prohibits cities to regulate rates and the only agreement we have is that Ashland's rate does not exceed that of other cities in the Rogue Valley. Reid also asked that Director of Finance Nelson's report give more information relative to interdepartmental charges for 87-88. i!.- Il'oc f.fA.. The meeting adjourned to Executive Session prior to Study Session on September 9, 1986 at 7:00 PoMo to discuss labor negotiations per ORS192.660(1) (d)o Nan E. Franklin City Recorder L. Gordon .Medaris Mayor 9/2/86 P. 6 ~~~cd ;/J~~ 11"")s ~, ~~ aJ~ {J~ Q7.5;;0 ~.M; IC;~ '&A 1tf/7/, ~: , ~ "d, AJ:,nAA~ /f&///d/~ p{ kMA/7PAA ( it, ~~;tkjE~~;;~ a.~' ;ti~~.~ t(~' g~ ~;)(~~ ~d~ ~~~4~1at}~/~ ~~. 1~)tJL- '. t[;1(~ ~11:'_ ~IV~ /tt; ~tJwd- ~ - ~ . ~ h ?<.. 4U!zt . ~/:wd!. CtU- /X~ r~~~ :'l~~~/t1~~~i1i2 iA!L:~ ~P-&- ~ (~~ :r:;;~~~~~ :~~/~ ~a-'t~~q;2'1t1, /;!?e.aa~,~~/;& ~ ~tt~~~~/ ~ . A(&/J.J ;folt41tt;;;ik-~ I Lfo.i- ~ CIp..e ~kLI ~ 9?5OlO ASHLAND CITIZEN'S TRIBUNAL PUBLIC INf'Oru,lATION SURVEY ,.: ' ~'.'.: j , J ,"'., 1. Do you mOl. if there are any Nuclear Weapons present near Ashland YES NO . , ~ r >/'1' ,.. 1,., r 2. Are you concerned about the threat Nuclear Weapons pose ,to ,human -sur_vival~ ____ __~_ I ., , ' ~..-=-o...d..i::;....__ ...j 't I :l :.-___ ;..1 " YES NO 3. Are you aware of the Nuremberg Principles (see back page) YES NO ;"j 4. Are you aware of Article VI, Sec. 2, of the U.S. Constituti6n and it's meaning (see back page) YES NO S. Are you aware that the production, possession, or deployment of ~uclear Weapons is illegal YES NO . ; 6. Do you believe in defense through Nuclear Weapons YES NO ..,' ,; , ~.~;..~~~j.~,h...__.: ,_~~~"__..-:'~~ . NA!.lE ADDRESS TELEPHONE PLEASE ~1AI L TO: AS1,LAND CITIZEN'S TRIBUNAL 140;' CENTRAL AVE ASHLAND, OREGON 97520 . The Nuremberg Principles are' part of U.S. Law as an executive agree- ment between the United States, England, France, and the Soviet Union, signed on August 8, 1945 and made part of International Law by President Harry Truman in 1946. The Nuremberg Principles can be found in the U.S. Army Field Manual (FM 27-10) (July 18, 1956) and in (59 Stats at Large 1544 et seq) 1945) The Nuremberg Principles establish standards of conduct for all Nations, including the United States, of individual government officials, individual military authorities, individual soldiers at all ranks, AND, all individual citizens. . Article VI, Sec. 2 of the U.S. Constitution means that all treaties, duly ratified and signed by the United States... have the force of La1~... the Supreme Law of the Land, and, legally binds the Judges in every State to uphold and obey this section of the U.S. Constitution. UNITED STATES CONSTITUTION ARTICLE VI, SECTION 2 This Constitution and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under. the authority of the United States, shall be the Supreme Law of the Land; and the Judges in every State shall be bound thereby, any thing in the Constitution or Laws of any State to the contrary notwithstanding... " .o'..- _","" ,., ./ P~'NCIP~sl - r; LIn tbe Department ot the Army Field Manual, "Tbe Law ot Land Wartare" (FK27-10) (18 July 1956)} \.:...:) '3.! NUREMBURG- - - - - " -98. Cr~ee Onder International Law ley person, wbether a member ot .the armed torces or a civilian, wbo commits an act which constitutes a crime under international law ie responsible therefor and lisble to punishment. Such ottenses io connection witb war oomprise: . a. Crimes against peace. b. Crimes against blllllanity. c. War crimes. II tbough this manual recognizes. the cr1.m1nal responsiblity ot individuals tor those of tenses which may comprise any of the toregoing types of crimes, members ot the armed torces will normally be concerned only vi tb those offenses oonst! tuting "war crimes.. ~99. liar Crimes Tbe term 'war crime" is ~he tecbnical erpression tor a violation of the law ot war by any person or persons, mUitary or civilian. Every violation ot the law ot war is a war crime. These standards become relevant to individual civilians becsuse "complicity in tbe commission of...crimes against peace, crimes against blllllar..1ty, and war cri..e~ [is] p:l!lisbr.bl~;. [Sec. 500] Tbese crimes are coEr.m.1tted when the act is done witb knowledge of its illegality, Il1ld no lines are drawn in principle' .that free aversge citizens' or workers trom criminal responsibility tor an act ot which they bave full knowledge. Responsibllit ext'en'ds not merel to the probibited conduct but also 0 comp icity n t, and the test orm ated at Nurnberg was whether moral choice was in tact possible. Today, u nuclear weapons are deployed Il1ld as new weapons are developed which violate international law, according to international law experts of all nations, moral choice commences witb the first knowledge of their deployment or development. See Mary H. ~aurman, "Tbe Individual's Duty under the Law of'Nurnberg: Tbe Effect of tnowledge on Justiciability;" Z7 Lawyers Guild Practitioner 15 (1968). As the Army Field Manual points out, in Sec. 511:' The tact that domestic lllw does not impose a penalty for an act . whicb consti tutes a crime under ioterna tional law does oot relieve the persoo who committed the act from respoosibility under ioteroational l~. . . The crimes are defined io tbe Nurnberg Principles: (a) Crimes against peece: (i) Pl annf 118 , preparation, initiatiOn or waging of a war of aggression or a war io violation of internAtional treaties, 'a.g.re€l:l:lent~ or 81Jsurances; (11) Participation io a common plan or conspiracy for the '-'I (jj) . ~~* t ~ '" ~ -. ) c;; .. 11 (J-.. ) ..... " ~ ~., " I:: ~ <t J ~ 2 '.l '"' ~ ~ , ~ J ~ (~ ~.... . !:J \::i lu ~ ~0 \.hI.)- ..... I' ~...... ~~ IJ'."\ 'J <" ~~ () ~ 1 ~ B~ ,() ~ Ij ~lu \.-) ~~ )...... : ~ ~ .<:) :-.. ~~ \" '<: '.l I~ .li: )~ ~~ .~ [~ ~ ~. . accompllshment or aDy or the acts mentloned 'Under (i). (b) War craes: Violatlo~ or the laws or oustoms or war which Include, but are IlOt 11l1l1ted. to, murder, Ul-treatJllent or deportation to alave-labour or ror any other purpose or civillan population ot or in occupled terrltory, lIurder or ill-treatJllent or prleonere ot war or persone on the seaa, k1111118 or heatages, plunder or publlc or prlvate property, vanton destruction ot cltles, to~s, or vl11ages, or devastatlon not justirled by lIlilHary ne ces sHy. (0) Crimes against humanity: Murder, eztermination, enalavement, deportation and otber Inhuman acts done agalnst any clvl1lan populatlon, or persecutlons on poll tical , racial or religious grounds, wben sucb acts are done or sucb persecutlons are carrled on In ezecution ot or in connezion vi th any crime aga1nat peace or any war crime. Convenllon JW lh.o 'preventlo.D and l'.J.lll1.ahlll.o..n.t. gI lli tr.1Je Dr Genocide Artlcle I. The Contractlng Parties conflrm that geno- clde, whether committed in tiDe or peace or In time or war, is a crime under international law which tbey undertake to prevent and to punlsb. Artiole II. ... genocide means any or the rollowing aots committed witb intent to deetroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) ~illing members or the group; (b) Csusing serious bodily barm to members or the group. (0) Deliberately Infllotlng on the group conditione or lire calculated to'brill8 about its physical destruction in whole or in part; (d) Imposing.easures intended to prevent births vithin the group; (e) Forcibly transrerring children or ths group to anotber group. Article III. .The rollowing aots shall be punishable: (a):"Genoclde; (b)'Consplracy to oolllllllt genocide, (0) Direct and publio incitement to commit genocide: (d) Attempt to.ooutt genocide; (e) Complicity: in genocide. Artiole IV. . Pereons OOllJOttting genocide or any or the other acts enumer~ted in Article III shall be punished, whether they are constitutionally responsible rulers, public orrlclale or private Individuale. [Adopted by the UN Generel Aesembly, Dec. 9, 19~8. Entered into roroe, Jan. 12, 1961, 78 U.N.T.!. : 277. u.s. b.. elgned "'" J ,,-- ~ CD '. 't ~~ ~x .J~.J.J . ... =' "- ~ ~ ..I ~ ~ . "- . . . . 0 J 0 ~ ~ . . r' 1.... " .. . . ~ [;:': t :~ ~ GJ <J . ~ A ~ ..i.;J'~ 'I E! ... ~ .. :::> J' I:;;; .J ~ ~ <1= .. fi!!.J qJ," <J ~ , ~ {.,,, ~ .J \. '+. N'! ...; "l " '... :;:; , 9.... -I ~ lJ, Ni QJ ~ -: {~'! . . lJ ,: . 0 ~ :t. "" 0 I '+ ,0 '. '" ~ . :<f. ..J \: :! 1J . ~ : ." "'~ ~ .~ ~ t r" 1.... 1Il. ~ Z W ~ ~ l/l W ~ Q. 0 >< C o ~ ~! 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E ~ 410>- t..'::A .f.., 1:::: z Q ~ U ::l ~ ~ l/l Z OWo u~w ~~z w~z OW~ zQ...J ;;JOQ, .. . . 201 S_ MOUNTAIN AVENU PATTY WIXON Aatllatent Prlncipel . JAMES 0, BERGENE Prlnclpel . JEFF SCHLECHT Auociale Principal 97520 15031 '82.8771 . PETeR J, CISLO Director of Student Services Sept. 11, 1986 Mr. Brian Almquist City Administrator City of Ashland Dear Mr. Almquist: The Ashland High Cross Country Team would again like to request to the City Council that Pioneer St. from Granite to the last house be closed from 10:00 AM to 3:00 PM Saturday. October 4th. Also we would like to not allow parking on Granite from Pioneer 200 meters south. This is to allow the running of our annual State of Jefferson Cross Country Invitational, which will feature about 500 runners. Thank you, g r{. ), j J"jt-y~ Bob JM';;nv, Ashland High Cross Country Coach HomE of the Oregon Shakespearean Festival . c:t'I em n r a ndum September 12, 1986 'm 0: Honorable Mayor and City Council ~rOtn: Brian L. Almquist, City Administr~ ~ubjed: Hersey Street Prop~rty-owners Meeting On December 17, 1985 a public hearing was held concerning the proposed improvement of Hersey Street from N. Main Street to Water Street. The hearing was initiated by a petition and pre-signed agreements representing 51% of the affected property owners. This project is being funded partially with F.A.U.S. (Federal) funds with the property owners guaranteed a maximum assessment of $25.00 per front foot. At the hearing several property owners spoke in opposition. These owners, when combined with individuals who had indicated their opposi- tion by letter or petition, totaled 41.65% against the project. At that hearing, there were also questions raised by the opponents regarding pedestrian and bikeway safety, paving width, and the location of the city right of way. After the public hearing was closed the Council requested that the Staff stake the right of way and after a preliminary design was available, meet with the property owners to answer their concerns that were raised at the hearing and report back to the Council. . That meeting was held on September 4 in the Council Chambers. Only 13 people attended the meeting, representing 8 of the 31 properties involved. At.the meeting, Mr. Alsing presented the design which has been approved by the State Highway Division. It includes two 12-foot travel lanes, a 5-foot bike lane on each side, and a 5-foot granite path on one side. Total pavement width curb to curb is 42 feet within the existing 60-foot'right of way. From Helman to Water Street there is a transition (narrowing). of the paving to avoid an existing building within the right of way. The bikeway terminates at Helman Street. A couple of the property owners did not approve of the bikeway and asked that it be deleted, even though it was explained that this was a State requirement (this bikeway is also indicated on the City's overall bikeway plan). The result of the meeting was somewhat inconclusive. Three of the residents continued to voice their opposition to the entire project because of cost; three voiced their continued support; Parsons pine is still concerned about bikeway safety and curb cuts, and Fred Roberts appears to be supportive. Hersey Street Meeting September 12, 1986 Page Two An ordinance ordering the formation of the District appears later on this agenda, and we need to proceed with adoption so plans can be prepared for State Highway and Federal Highway review. The F.A.U.S. process is a lengthy one and we will need to move rapidly if this project is to be constructed in 1987. r; , ~emorandum . August 6, 1986 . .;1( . 'mo: Brian L. Almquist, City Administrator ., ~ ~ rom: Allen A. Alsing, Director of Public works ~ubjed: 'Wastewater Treatment Plant In February, 1985, the City was offered financial assistance by a.D.a.E. to study and identify ways to conserve electrical energy at the Wastewater Treatment Plant. . The City ultimately entered into a contract with Brown and Caldwell for the study which identified a number of equipment and technical modifi- cations which warranted future implementation. Phase II of the program would be engineering, design, and cost estimating; with implementation being Phase III as funding became available in the future. As part of the budgeting process, I included $8,000.00 in the proposed budget for the engineering representing the Phase II part of the project. Unfortunately, I.could not attend the budget meeting where this proposa~ was considered, and Bob Nelson did not have the infor- mation to support it. Consequently this item was not included in the budget. .. It would be in our best interest, long term, to proceed with this con- servation program and I would like to discuss funding with you. I would somehow like to find funds for this phase in thi~ budget year so that we can proceed with implementation in the next budget. You might recall that the program allows us to borrow the money for Phase II with repayment to be made with ultimate conservation savings. We decided, in discussion with Bob Nelson, that we would be better off to fund by budgeted money rather than borrowing. . ~emnrandum September 11, 1986 ~o: Honorable Mayor and City Council ~rotn: B,ian L. Alrnqui,t, City Admini't'~ ~ubjett: National Register Nomination - Hydro-Electric Powerhouse As a condition of approving our application for an exemption from licensing by the Federal Energy Regulatory Commission, it was requested that the City consider making application for including the Ashland Hydro-electric Powerhouse to the National Register of Historic Places. While this is not a Federal mandate, I believe it would be appropriate to submit such a'nomination. Along with that nomination we would receive a thorough historical narrative of the City's entry into the electric power business. Most of the written materials I have seen to date are inaccurate and incomplete. A good example is the attached written data sheet prepared by the State Historic Preservation Office, which implies that the Ashland Powerhouse was built by the Ashland Electric and Power Company, a private predecessor to COPCO. I would like to employ the services of Kay Atwood to complete the nomination. Attached is a copy of her proposal. Funds are available in the Hydro-electric proje9t portion of the Capital Improvement Fund. Attachments/ September 10, 1986 Mr. Brian Almquist City Administrator City of Ashland City Hall Ashland, Oregon 97520 Dear Mr. Almquist: Enclosed is a proposal for the completion of an application for nomination to the National Register of Historic Places for the Ashland Electric Light and Power Company Powerhouse. Please call if you have any questions. If I have other applications to present at the State Advisory meeting I will divide the travel expenses among the clients. Thank you very much for your consideration. Sinc~ f};; Atwood 102 So. pioneer Street Ashland, Oregon 97520 Telephone: 482-8714 . September 10, 1986 To: Mr. Brian Almquist, Ashland, Oregon Kay Atwood Nomination of the Company Powerhouse Places City Administrator From: Re: Ashland Electric Light and Power to the National Register of Historic Preparation: 70-80 hours research, writing, final typing @ $12.50 per hour $875-$1000 Photographs and slides (film and production) $60-$75 Presentation of property at State Advisory Committee in Salem, Oregon includes approximately ten hours of time, one meal, one round trip (mileage @ .20 per mile) $150 Total: (This represents the maximum total cost posssiblel $1225 /' . / .1~ , . WlCTDf' A'IIftH - / .. '~/OI"- JI:- /1- tf{J. , SkJ /~/' 2- Department of Transportal an STATE HISTORIC PRESERVATION OFFICE Parks and Recreation Division 525 TRADE STREET S.E., SALEM, OREGON 97310 September 10. 1980 . In A.ptr ......, to F.. No.: BRIAN L ALMQUIST CITY' ADMINISTRATOR CIn OF ASHLAND CITY. HALL ASHLAND OR 97520 . Dear Mr. Almquist: RE: Reeder Gulch Hydroelectric Project Thank you for the opportunity to comment on the City of Ashland's proposed reactivation of generating facilities in the Ashland Electric Light and Power Company Powerhouse in Ashland Creek _. Canyon, Jackson County, Ore~on. It seems a sound move. For purposes of preparing the application for a license to the Federal Energy Regulatory Commission in complianoewith Section 106 of the National Historic Preservation Act of 1966, it should be noted that the Ashland Electric Light and Power Company Powerhouse (ca. 1906) is included in the Statewide Inventory of Historic Properties. In the opinion of the State Historic Preservation Office,the power- house is eligible for inclusion in the National Register of Historic Places as an intact example of traditional masonry architecture associated with an ear.ly 20th century hydroelectric project. To determine the effect of the federally-licensed undertaking upon the property in accord:with Procedures for Protection of Historic and Cultural Property (36 CFR 800), the State Historic Preservation Office would appreciate knowing what modifications, if any, would have to be made to the existing plant, and whether or not historically~significant equipment would need to be removed. For your information, we are enclosing a copy of the Statewide Inventory sheet on the powerhouse which is part of our records, and we We appreciate the .opportunity to hope they will be helpful. . I I .; Si . ..-=-. I. Deputy Preservation Officer DWP/EWP:nmw : .-.-.-" cc: A. Richard Griffith " ./ } __......_ -- -............ ...........Vnl 5'1,t:d- Joe 2. OF HISTORIC PROPERTIES State Historic Preservation Off Oregon State Parks, Salem, OR 9 Jackson County Theme 6b (~~~on) Ash1'and Electric Ught & Power Compa~ Powerhouse (Historic) Ashland Electric Lioht & Power Co. Powerhouse Address Ashland Creek Canvon. three miles ~out of Ashland, Oreoon 97520 Present Owner City of Ashland Address City Hall, Ashland, Oregon 97520 Ori gi na 1 Use Powerhouse Date of Construction Ca. 1906 ---~~~=~--~~~~~~-~-~~=~~-~~---~-~=~~~=~~-------------------------------------------------- "M-sica1 description of property ands'tatement of historical si9nificance: .'1 Ashland Electric Light and Power Company powerhouse is a single story, brick and ~dstone, rectangular structure on the east bank of Ashland Creek, three miles south of Ashland, Oregon. This building, \~hich formerly housed electrical transformers, has a bel1cast hipped roof, hewn' sandstone lintels and boxed eaves with exposed rafter ends. The organizational meeting, 1'Ihich established the Ashland Electric Power "nd Light Company, was held on November 20, 1888, The company began with 150 stock shares with a total value of $15,000. OnJanuary: 3D, 1889,. the City of Ashland issued Ordinance #62, granting a perpetual franchise for the company. Water rights and land were purchased in 1889. The first plant was constructed on the present site of the tennis courts in Lithia Park. Jisputes over the ownership of water dghtsarose with the city in January 1891. The. :O:::;Jany was victorious in the squabble'. .Around 1895, the first,site \~as sold and the Jperations moved to the present location. Bet1'leen 1900 and 1908, the company experienced 1 healthy expansio~ but still had an ongoing dispute over water rights. The water rights juestion and the formation of California-Oregon Power (COPCO)CompaIlY (see file sheet on 'rospect Hydroelectric Plant)' were instrumental factors in the Ashland Company's demise !ovember 19, 1915, when it sold out to COPCD. ------------------------------------:-----~------------------------------------------------ continue on back if neceSSar ~corded by L. Scott Clay Date hotography by /larjorie Edens.... S.D.H.S., ~ ces consLLlted (C:Jntinue on back if':;'ecessary): ~h, W.L. "The Ashland Elec~r.).~Jighfand PO\~er Company." tate College, 1960. .... _'_' . 11 April 1979 fleg. Ho. 35nun-59-27A (26A) Term paper. Southern Oregon ease enclose map. . N ,- Township : 39 ~: 1 <V w ~ection 21 . .~ _____..J , 'c#I t m n r a tt dum .. September 11, 1986 , I I r ) 1 'ffi 0: Brian L. Almquist, City Administrator Jfr rom: ~ubjed: Robert D. Nelson, Director of Finance WORKERS COMPENSATION RATES i ), As a matter of interest, I have listed several major statewide National Commission on Compensation Insurance rates, with the highest first: Classifications Rate/$100 $9.28 8.29 8.09 7.85 7.59 6.33 5.60 4.14 3.45 2.84 2.03 .56 Street Office building maintenance Cemetery Police Hospital - other than professional Equipment repair (mechanics) Water Sewage disposal Firefighters Electric power Hospital - professional Office Clerical These figures are. not a precise measurement of. accident severity and frequency potential. For example, probably cemetery maintenance is high because this is frequently a low paid vocation, and electric power is low because this is a well paid, highly- trained, safety-conscious occupation. Respectfully submitted, ,}''/ I / '4-W;_ )/,' i \ Robert D. Nelson Director of Finance RDN/jr ) .. 1 " " " ~,-.. ---~- '- ... ., ORDINANCE NO. . AN ORDINANCE AMENDING SECTION 4. 24. 020 OF THE ASHLAND MUNICIPAL CODE INCREASING. THE TRANSIENT OCCUPANCY TAX TO SEVEN (7) PERCENT. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTIONl. Ordinance No. 1907 as amended by Ordinance No. 2024, and Section 4.24.020 of the Ashland Municipal Code. are hereby amended by changing the tax rate specified therein from six (6) percent to seven (7) percent, effective January 1, 1987. SECTION 2. The tax rate increase implemented by this ordin- ance shall be returned to six (6) percent beginning with the first day of the .quarter following the extinguishment of interfund loans authorized by the City Council for the expans- ion of the Oak Knoll Golf Course. The foregoing was first read on the and duly PASSED and ADOPTED this day of . day Of . . 1986 , 1986. Nan E. Franklin Ci ty Recorder SIGNED and APPROVED this' day of . , 1986. L. Gordon Medaris Mayor '" .., "', .- ,--.-.---.--...-...-...............----- ORDINANCE NO. . AN ORDINANCE AUTHORIZING AND ORDERING THE IMPROVEMENT OF HERSEY STREET FROM N. MAIN TO WATER STREETS UNDER THE . F .A. U. S. PROGRAM BY CONSTRUCTING THEREON CURBS, GUTTERS AND PAVING; AUTHOR- IZING THE ASSESSMENT OF COST OF SAID IMPROVEHENT AGAINST PROPERTY TO BE BENEFITTED THEREBY: AND PROVIDING T~-AT WAR- RANTS ISSUED FOR THE COST THEREOF BE GENERAL OBLIGATIONS OF THE CITY OF ASHLAND. ~mEREAS, the Council has heretofore by Resolution declared its intention to construct the improvement hereinafter described in accordance with plans and specifications and to assess upon each lot or part thereof adjacent to and benefitted by such ~prove=en: its proportionate share of said cost of said improvement, as provided by the Charter of the City of Ashland; and WHEREAS, notice of such intention has been duly given and published as provided by the Charter, and a public hearing held thereupon, and it appears to the Council that such improvement is of material benefit to said City and that all property to be assessed therefor will be benefitted thereby to the extent of the probable acount of the respective assessments to be levied for the costs thereof: NOW, THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. .It is hereby ordered that Hersey Street from N. Main to WatpT Streets, with funding assistance under the F.A.U.S. prOgram be improved by the construction thereon of curbs, gutters and paving in accordance with the plans and specifications therefor heretofore adopted on file in the office of the Director of Public Works, and that the cost thereof be assessed upon each lot or part thereof adjacent to or benefitted by such improvement, as provided by the Charter of the City of Ashland. . SECTION 2. That warrants for the construction of the aforementioned ~- provement shall bear interest at the prevailing rates and shall constitute general obligations of the City of Ashland, and said warrants shall be issued pursuan: to and on the terms and conditions set forth in O.R.S. 287.502 to 287.510 inclusive. The foregoing ordinance was first read on the 16th day of September ,191:6. and duly PASSED and ADOPTED this 7th: day of October , 1986. Nan E. Franklin City Recorder SIGNED and APPROVED this day of October , 1986. L. Gordon Medaris Mayor , ~emorandum September 11, 1986 . ij[ 0: Honorable Mayor & City Council ~ronn: Brian L. Almquist, City Administr ~ubjed: Alarm System Ordinance Amendment The Public Safety Department has requested the attached amendments to the Ordinance regulating alarms which are connected directly into the dispatch center for two re~sons: 1. To include fire alarms as well as burglary alarms; and 2. To properly identify the agencies either receiving calls or being dispatched to emergencies. Attachment (1) . .. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4.32 OF THE ASHLAND MUNICIPAL CODE WITH RESPECT TO ALARM SYSTEMS AND SPECIAL POLICE SERVICE FEES. . THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. and (e) of follows: Ordinance No. 1885 and Section 4.32.010, subsections (b) the Ashland Municipal Code shall be amended to read as "(b) "Alarm system" means any assembly of equipment, mechanical or electrical, arranged to signal the occur- rence of an illegal entry or other activity requiring urgent attention and to which police ~ fire personnel are expected to respond. (e) "False alarm" means an alarm signal, eliciting a response by police 2E fire personnel, when a situation requiring such response does not in fact exist, but does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably sUbject to control by the alarm business operator or alarm user." SECTION 2. Ordinance No. 1885 and Section 4.32.020, subsections (a), (b) and Tc) of the Ashland Municipal Code shall be amended to read as follows: "(a) Every alarm user shall obtain an alarm user's permit for each system from the Public Safety Department prior to use of an alarm system. Users of systems employing multiple alarms (i.e. robbery, intrusion. fire. water) shall obtain separate permits for each function. (b) An application for an alarm user's permit and a fee of $5.00 for each such permit shall be filed annually with the Public Safety Department. Each permit when issued shall bear the signature of the Director of Public Safety/Police Chief, or his designee, and shall be for a one (1) year period. The permit shall be physically maintained upon the premises using the alarm system, and shall be available for inspection by the Director of Public Safety/Police Chief or his representa- tive. . (c) A surcharge of $10.00 in addition to the fee speci- fied in sUbsection (b) above shall be assessed for each month that. an alarm user fails. to submit the required application and fee following installation of an alarm system. " SECTION 3. Ordinance No. 1885 and Section 4.32.030, subsection (a) of the Ashland Municipal Code shall be amended by changing the words "Chief of police" to "Director of Public Safety/police Chief". ~ " . SECTION!. Ordinance No. 1885 and Section 4.32.050, subsection (bl of the Ashland Municipal Code shall be amended by changing the words "Chief of Police" to "Director of Public Safety/Police Chief", and by changing the words "Police Department" to "Public Safety communications Center" . SECTION~. Ordinance No. 1885 and Section 4.32.060, subsection (al of the Ashland Municipal Code shall be amended by changing the words "Ashland Police Department" to "Public Safety Communications Center". SECTION 6. Ordinance No. 1885 and Section 4.32.070 of the Ashland Municipal Code shall be amended by deleting subsection (bl from Section 4.32.070. SECTION 7. Ordinance No. 1885 and Chapter 4.32 of the Ashland Municipal Code shall be amended by deleting Section 4.32.080 therefrom. The foregoing ordinance was first read on the day of day of , 1986 and duly PASSED and ADOPTED this , 1986. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1986. L. Gordon Medaris Mayor -2- @U .. ' . BUILDING ACTIVITY REPORT '" DATE August 1986 PROJECT 11 OF VALUATION PERMITS SFR 7 457,600. Additions 2 22,000. Remodels 6 15.9,500. Foundation 4 7,400. Roof 2 1,730. Mobile Homes 1 35,000. Mechanical 10 1,930. Plumbing 6 9,187. . Miscellaneous 17 24,268. Commercial Storage Units (44 ) 1 52,000. Roof 1 10,000. Remodel 1 50,000. . TOTAL THIS MONTH 58 830,615. ~OTAL THIS MONTH LAST YEAR 39 557,824. "'OTAL THIS YEAR 19 86 - 1987 Fiscal 114 2,428,884. "'OTAL LAST YEAR 19 65 - 1986 Fiscal 99 1,088,864. TOTAL FEES Fiscal THIS MONTH THIS MONTH $10,432.90 . THISAYEAR $27,955.48 LAST YEAR $6,489.23 TOTAL INSPECTIONS Fiscal THIS MONTH THIS MONTH 217 THISffEAR 424 LAST YEAR 161 NOTE: "This year" refe:rs. to the total so far for the current fiscal year. ,. .: ...~. '~~;'.. '. , '.. "I .. .. . AUGUST 1986 NEW CONSTRUCTION Single Family Residential Contractor Valuation 1524 Woodland Drive W. L. Moore Construction $ 70,500.00 845 East Pebble Beach Jerry Toney Construction ,70,000.00 815 Clay Street John Dundas 50,000.00 791 Faith Street Bill Cowger 51,100.00 560 Terrace Don Sever 50,000.00 75N. Wightman Medinger Construction 56,000.00 840 S. Mountain Avenue B. G. Doyle 110,000.00 Commercial Contractor Valuation 2315 Siskiyou Blvd. Don Ballew 52,000.00 -",'r""