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HomeMy WebLinkAbout1986-0902 Regular Meeting PJ'l.lj C{...{A..zen a..iA...en(U.n,y LUUYLtx....{. mee-u..n'y~ m"'-Y ~fJeu..r' un (,lny ..vt.em un -t.ne u.,yenaa., wu:..U.6 U -U. ;the ~ubjec;t 06 a pubLic. hea..JU.ng wlU.c.h ha.6 been c1.ol.>ed. 16 you wi6h ;to ~peak, piea.6e we and a6;teJt you have been ttec.ogMzed by ;the ChtUA, g-<-ve YOuJL name and addlteM. The Chaitt w.-i.U ;thel1 a.Uow you ;to ~pea.k and a..too -<-1160l!m you a.6 ;to :the amowU: 06 time ali.oUed ;to you. The.tUne gtz.a.l1;(:ed w.-i.U be depel1den;t ;to <lame e;den;(: 011 ;the natuJLe 06 :the Uem UIldett fuc.u.6f>-<-on, -the I1wnbett 06 people who u0..h -to be helVtd, al1d -the R.el1g:th 06 :the agel1da. ~ AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 2, 1986 I. PLEDGE OF ALLEGIANCE: 7:30 P.M., Civic Center Council Chambers II. ROLL CALL III. APPROVAL OF MINUTES: Regular Meeting and Executive Session of August 19, 1986 IV. PUBLIC HEARINGS: 1. Proposed annexation, subdivisions and zone change on 16.7 acres of land located North of Crowson Road, West of 1-5 Freeway (Claude Benson, Applicant) 2. Proposed amendment to the Land-use Ordinance pertaining to non-conforming useso v. COMMUNICATIONS, PETITIONS'& REMONSTRANCES: 1. Letter from Edward Krahel concerning award to City for Court fees. 2. Letter from Rep. Peterson regarding request for Attorney General's Opinion in Service Connection Requirement for M.C.S. VI. UNFINISHED 'BUSINESS: I. Request by Director of Public Works for appropriations for energy savings measures at Wastewater Treatment Plant. VII. NEW & MISCELLANEOUS BUSINESS: 1. Liquor license request for George H. & Jonathon, H. Warren, dba Bard' sInn, 132 N. Main Street. 2., Memo from City Administrator concerning sell~ng on the sidewalk. VIII. PUBLIC FORUM: Business from the audience not included on the agenda IX. ORDINANCES, RESOLUTIONS & CONTRACTS: 10 First reading of an ordinance increasing the transient occupancy tax to seven (7) percent. 2. Resolution adopting a City policy on funding of Health & Social Services. 3. Resolution dedicating Lord Property at Glenwood & Ashland St. for park purposes. 4. Resolution indemnifying Aetna Casualty & Surety Company for payments arising from I & M surety bond. 5. Resolution amending personnel policy relative to staffing changes. 6. Ratification of new 3-year agreement with Construction Laborers Union. 7. Memo of Understanding with-American Legion regarding control of City-owned building at 80 Winburn Way. r", r " .. '( X. OTHER BUSINESS FROM COUNCIL MEMBERS XI, ADJOURNMENT: (Reminder: Study Session on Capital Improvements, Sept. 9 at 7:30 P,M,) Attachments: 1. Minutes of Boards, Commissions & Committees 2. Monthly Financial Commentary - July 31, 1986 3, Letter from Margery McIntire, 670 Oak Knoll Drive relative to unleashed dogs. Lyman Faulkner, 1320 Apple Way suggested a No vote on the resolution because to approve it would be going against our own country ~n~ out way of life. Faulkner said he has lived b~hind: t~e i~o.? s.urtaiiJ for three, years. 'ind said Soviet negotia- , t1~ns' w9,uiLd ,be a lot tougher on us if our"people "gree< to limit n~~~eaparms. He,sa~d that the Soviets don't need nuclear ",arm,~~~>>ts ,since,: they' have a'standing Army of 200 ground combat ;_ r' ":jiv11'1oI)s"compared to our 30. Faulkner said one Division is ,i,":,:,.'c",:',}ough,ly, the size of Ashland. He continued by saying that since ~' ,.,', A::hJand I s adoption of the Nuclear Free Ordinance the Soviets have shot pown a plane. Faulkner said this is asking you to promote an act to prevent our national defense. Faulkner said ~ country whose media is the propaganda organ teaches students ln the school system to hate democracy etc. should make our position clear and asked that Council vote "NO" on the measure for the sake of our children and the free world. A letter from Vaughn Bornet was read asking Council members to take a neutral stance on the resolution saying that Council ,is a policy-setting elected body to guide Ashland's City gov- ernment rather than involve itself with national affairs. B~nnett concurred in part with Bornet's contention that the C1ty shouldn't involve itself by passing a resolution but that those who want to participate in the activity should be free to do so. \, ....,. . , ''" ROLL CALL APPROVAL OF MINUTES OAK KNOLL GOLF COURSE STOCK TRANSFER "NUCLEAR FREE ASHLAND DAY" " /'/ ,- :. \,~. " , t < " , " ,\ , ' , f~.,. . , " ,f:. MINUTES OF THE REGULAR }IEETING ASHLAND CITY COUNCIL August 19, 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 Cham- bers. Elerath, Reid, Bennett, Laws and Arnold were present. Acklin was absent. Bennett moved to approve minutes of the August 5, 1986 meeting, Elerath seconded the motion which passed unanimously on voice vote. A letter from Buddy Sullivan requesting Council approval of a stock transfer for Oak Knoll Golf Course was read and Reid moved to approve; Arnold seconded the motion which passed unanimously on voice vote. A letter from Marilyn Lenihan, Ashland Peace House, was read requesting approval of a Resolution declaring September 7, 1986 as "Nuclear Free Ashland Day". Lenihan urged Council to adopt the Resolution and noted that Ashland was the first City in the United States to be declared Nuclear Free and that the govern- ment would become responsive to the feelings of the people on thi tssue. Shirley Patton noted that the actions of the people of Ashland had not ,gone unnoticed and encouraged the City Council to accept the resolution. !' ,,,.. "- Reid added her support to the proposed resolution. 8/19/86P. 1 ~gular 'Meeting' , . , "NUCLEAR FREE ASHLAND DAY" OAK KNOLL GOLF COURSE EXPAN. CITY OF SANDY - JUVENILE OFFENDERS STUDY ZONING ORDINANCE AMENDMENT (Non-conforming uses) ANNEXATION/ZONE CHANGE CROWSON RD. W OF 1-5 Ashland City Council /jli~//jbt'. L. The Mayor read the last few paragraphs of a letter from the Attorney General's office (OR.) stating that the ordinance passed in November 2, 1982 is defective and unconstitutional. The Mayor added that he respects the Peace House'community's concern and their mission but did want to remind Council of the Attn~ey G~np.ral' s position. . .....r" 'The resolution was read and'Reid moved to approve; Arnold sec- onded the motion. Elerath said he is against the resolution as in his mind nuclear free has nothing to,do with peace and it has prevented the local hospital from using nuclear medicine and created other problems relative to nuclear waste storage at the College. Elerath said there has been no substitute for nuclear power and that if such plants were to be converted to coal we wouldRdestro~ our forests and develop acid lakes. Elerath said that /D.1'ff'J-fng "biological warfare and how, this country defends itself against this is the job of the federal government and not a local body such as the City Council. Bennett agreed. On roll call vote Reid, Laws and Arnold voted YES; Elerath and Bennett voted against the measure which carried 3-2. Peter Zukis, President of the Oak Knoll Men's Club supported the expansion of ' the golf course both for citizens and tourists. A letter was read from the Oak Knoll supporting expansion. Jack Nicholson, 1575 Greenmeadows Way said he approves the basic concept but noted that not all motels would benefit to the point of justifying an increase in the hotel/motel tax. Nicholson also noted that the members of the golf course could be preempted by convention visitors. Nicholson recommended that Council con- sider having a user fee to generate revenue as opposed to hotel/ motel tax. 'Mayor Medaris said that the golf pro would know how to handle the use of the course and would not preclude or delay regular users. On Reid's question of how much play the course gets, Sullivan said that five years ago he had 14,000 plays and last year had 38,000 rounds. Sullivan noted that Grants Pass is putting in an 18 hole course at Riverside. Peter Zukis said some tourists leave when they find we have only a 9-hole course. The City Administrator noted that an executive session would be held later in the evening to deal with the golf course item. A letter concerning habitual juvenile offenders was considered and Arnold suggested Council acknowledge the letter and recom- mend that the City of Sandy take up the matter with the League legislative committee. Almquist was directed to respond to the City of'Sandy. No action necessary. A public hearing was set for September 2, 1986. A public hearing was set for September 2, 1986. 8/19/86 P. 2 i;"larMeeting , .. WASTEWATER TREATMENT PLANT CONSERV. ENGINEERING PLANS FORENSICS LAB GRANT BIKEWAY COMMITTEE APPTS. WINDMILLS INN/TREND\<EST MANAGEMENT CO., INC, WATER CRISIS Ashland City Council ll{l.'.I{llo't'.j The City Administrator read a memo from Director of Public Works Alsing relative to financial assistance offered by O.D.O.E. to study and identify ways to conserve electrical energy at the Wastewater Treatment Plan~. Alsing passed out additional material and Elerath requested that the discussion appear on the next agenda to allow time for study. Council agreed. The City Administrator reported the proposed application for an infrastructure grant for the Forensics Lab is for improve- ments including entrance road, utilities, landscaping and engin- eering for the project. Dick Wanderscheid speaking on behalf of Planning Director Fregonese said the application has been sent in because of time constraints but that Council would need to approve the application. Wanderscheid explained that the City's match would be represented by in-kind services. Wander- scheid said that the City employees would keep track of their time and there would be no cash outlay by the Ci,ty. Arnold asked what would happen to the projects the employees would norm- ally be working on and Almquist said some of the priorities would have to be rearranged. Alsing said that his department works with variables and plans will be made around this project. Reid moved to approve' the application; Arnold seconded the motion which passed unanimously on voice vote. Laws moved to approve appointment of Irvin Schueller and Robert Thomson to the Bikeway Committee; Arnold second and the motion passed unanimously on voice vote. The Mayor read a postscript to his memo commending Councilor Bennett for her efforts rela- tive to the Bikeway Committee. A liquor license request was considered from Jean Robert Cauvin of'Windffi~118Inn and it was noted that one applicant had not appeared on the original application. Council discussed the matter and decided to approve contingent upon background informa- tion from the Police Department recommending individual. Laws moved to place the request on the agenda; Bennett seconded the motion which passed unanimously on voice vote. Laws moved to approve contingent upon Police report; Bennett seconded the motion which passed unanimously on voice vote. Bennett moved to place discussion of the Water Crisis on the agenda; Reid seconded the motion which passed unanimously on voice vot~" Director of Public Works Alsing displayed chart showing the water capacity and the desirable levels according to the time of year. Alsing said the dam should be drawn down to empty by January so that sluicing can take place in February this year. Alsing said because of the continued high temperatures, the water has been drawn down farther and faster than is safe for the City's water needs, Alsing said the water has dropped to 60% of capacity and the desired amount should be 66%. Alsing suggested' help by conservation be strongly recommended to the 8/19/86 P 3 , gular Heeting ~- , , .. WATER CRISIS PUBLIC FORUM ORDINANCES, RESOLUTIONS & CONTRACTS Street Tree Trimming "A" St. Improvements Resolution amending Resolution Ballot Title Trans. of Appropriations Trans. of Appropriations from General Fund to Capo Improvement Ashland City'Council '8/19/86 Po4 citizens and if appreciable increase is not noted, more stringent criteria as implemented by ordinance in 1977 can be used. Elerath said he noticed the City, SoOoS.Co and Parks are using a lot of water and the City Administrator said he has discussed this with them and will monitor the use. Arnold asked Alsing what the citizens can de to participate and Alsing said that just cut- ting down will help by not washing vehicles, sidewalks, patios, driveways etco Council asked that news media publicize the need to conserve. No action necessary - for information only. No response. Second reading by title only was given an ordinance pertaining to the unauthorized trimming of street trees and Laws moved to adopt; Arnold seconded the motion. On roll call Everett, Bennett, Laws, and Arnold voted in favoro Reid opposedo The City Administrator noted that he had made arrangements for moving of Peace House by tying up tree limbs during moveo Second reading by,title only was given an ordinance authorizing the improvement of "A" Street from 6th to 7th Street. A resolution amending Resolution No. 86-29 was read amending question in the ballot title to comply with State law. Arnold moved to adopt; Laws seconded the motion which passed unanimously on voice voteo A resolution transferring appropriations within funds was read and Bennett moved to adopt; Laws seconded the motion which passed unanimously on voice vote. A resolution transferring appropriations from the General Fund to the Capital Improvement Fund was read and Laws moved to adopt; Reid seconded the motion which passed unanimously on roll call voteo OTHER BUSINESS FROM COUNCIL The question came up as to whether an employee of the City may serve on a commission or committee and the City Attorney said he could see no reason they couldn't since they don't get paido Laws said he doesn't think it is a good idea that they should be in a policy making position but could serve as ad hoc memberso Reed commended the Teen Center on, the good job do~e this summer. Almquist noted that Sidewalk Sale policy will be on next agenda. At 9:08 P.Mo the regular meeting adjourned to executive sessiono 8/19/86 P. 4 .gular Meeting i- Ashland City Council '8/l9/86P.: . \ " OAK KNOLL GOLF COURSE At 9:35 PoMo Council reconvened and Salter reviewed the proposal relative to the outcome of the executive session saying that 1. An offer of $320,000 for acreage should be made to Toney contingent on an extension of a Conditional Use Permit by Jackson County. 20 Subject to allocation of water rights. 3. Passage of increase of Hotel/Motel taxo 40 That no referendum is filed within 35 days. Elerath moved to adopt as outlined; Bennett seconded the motion which passed unanimously on voice voteo DOWNTOWN PARKING Reid said she will be speaking to the League of Women Voters relative to the proposal to increase the Hotel/Motel tax by 1% to fund Social Services and noted the recommendation for the increase hadn't been accepted. Reid said she would speak to the LWV with Council direction and does not want the Hotel/ Motel tax increase for Social Services closed as a source of funding at a later date. Laws agreed with Reid and said that as long as he is on the City Council he would be committed to continuance of Social Services help at the present level and is hopeful that next year won't be a problem. Arnold said he too would be committed for this purpose and would like to see a Resolution by Council to support Social Services in the future. Reid expressed concern that the golf course and social service funding have come up at the same time and wanted assur- ance that acceptance of the golf proposal would not mean aband- onment of the'l% rasie of the hotel/motel tax to fund Social Services, if necessary in the future. Reid noted that Judge Drescher had sent Councilmembers a letter expressing concern about downtown parking penalties and sug- gesting consideration of a trial parking fee in lots on a one year basis to impact with a more positive approach. Reid said she would like to look into pay parking for one season. Almquist said he has served on four parking committees and residents have consistently objected to this method. No action taken. The meeting adjourned at 9:45 P.M. Nan E. Franklin City Recorder Lo Gordon Medaris Mayor 8/19/86 Po 5 .' Wo: JJr rom: J&ubject: ~ 1/1- c:L91l em n r a uuum Brian Almquist Steve Jannusch Item to be added to City Council Agenda Please include the following item on your next City Council agenda. A request for Annexation, Subdivision and Zone Change for approximately 16.7 acers of land located north of Crowson Road immediately west of 1-5. The property is presently designated as RR-5 in the County and would be rezoned as M-l and E-l upon annexation. Comprehensive Plan Designation: Industrial and Employment; Zoning: RR-5 {County}; Assessor's map #14D; Tax Lots 100, 101, 201. applicant: Dolores & Claude Benson .' '~l r. ,AI ;. " .- ", "' ...,--'}--.-.... (I &.--- ~tmnrattdum < , '(fIo: Mayor and City Council . JIf rom: ~ubjed: Planning Commission Amendment to Chapter 18.68.090 - Non-conforming Uses At its July 23, 1986 meeting, the Planning Commission voted unanimously to forward the following amendment to the Ashland Municipal Code to the City Council. The proposed amendment would allow for the reestablishment of an abandoned non-conforming use through the issuance of a Conditional Use Permit from the Planning Commission. In addition to the standard Conditional Use Findings, further findings of fact must be substantiated for the approval. The amendment is as follows: C. REACTIVATION: A non-conforming 'use, which has been abandoned for a period of more than six months may be reactivated to an equivalent or more restricted use through the Conditional Use and Site Review process. In evaluating whether o~ not to permit the reactivation of a non-conforming use, the Planning Commission, in addition to using the criteria required for a Conditional Use Permit and Site Review, shall also use the following additional criteria: 1) That any improvements for the reactivation of a non- conforming use to an existing non-conforming structure on the site shall be less than 50% of the value of the structure. The value of the structure shall be determined by either the assessed value according to the Jackson County assessor or by an independent real estate appraiser licensed in the state of Oregon. Personal property necessary for the operation of the business or site improvements not included in the structure shall not be counted as improvements under this criteria. 2) An assess~ent that 'the traff ic generated by the proposed use would not be greater than permitted uses on the site. In assessing the traffic generated by the proposed use, the Planning Commission shall consider the number of vehicle trips per day, the hours of operation, and the types of traffic generated, i.e., truck or passenger vehicle. The Planning Commission shall modify the Conditional Use Permit so that the operation of the non-conforming use is limited to the same traffic impact as permitted uses in the same zone. : ~. ~ )~; ~ , ,\ , ! i, . i . , :' Amendment to 18.68.090 - Page Two 3) That the noise generated by the proposal will be mitigated so that it complies with the Ashland noise ordinance, Chapter 9.08.170, and also that it does not exceed the average ambient noise level already existing in the area, as measured by this standard. 4) That there will be no lighting of the property which would have direct illumination on ,adjacent uses and that there would be no reflected light from the property greater than the amount of reflected light from any permitted use in that same zone. 5) In a residential zone the findings must further address that such reactivation will further implement Goal VI, Policy 2, Housing Chapter of the Ashland Comprehensive Plan. NOTE: The existing Section IC) "Building or structure" of Chapter 18.68.090 will become Section (D). July 23, 1986 , ' , . LIST OF NON-CONFORMING STRUCTURES Old Packing Plant - Wiley Street - Bruce Hornack Orchard & Grandview - Kneebone Helman Bath - Randy Street Christlieb - Elizabeth Street Ashland Greenhouses - Nevada Street State Hwy Building on Mountain & 'B' Street Concrete Building - 5th Street, between 'A' and 'B' Cabinet Shop - 165 'B' Old Key Shop - Hargadine Upper Tolman Creek Road - Metal Building Bellview Grange - Tolman Creek Road Soroptomist Community Hall - Clark Street Planing Mill - Middle Tolman Creek Road Ashland Car Tune - Crowson Road , , , " " " , .' s' , ~ / , . .1., " TO: Mayor and Members of the Common Council DATE: August 28, 1986 FROM: Ronald L. Salter City Attorney SUBJECT: Krahel Matter Ladies and Gentlemen: This is to answer the questions raised by Ed Krahel in his letter to you of August 14, 1986. As I cannot write to him directly, a copy of this is being sent to his attorney for forwarding to Mr. Krahel if he so chooses. The attorney's fees were requested by Petition dated October 7, 1985, and were in accord with the provisions of law, and were an attempt to have Mr. Krahel pay to the City its attorney's fees, as is frequently appropriate where a person in Mr. Krahel's position loses the appeal. As a matter of course and without our requesting it, the Court of Appeals awarded to thr City a judgment for $145.00 as its filing fees and prevailing party fees. Respectfully submitted, RONALD L. SALTER City Attorney RLS/pc Brian Almquist / Jerry Jacobson cc RONALD L. SALTER ATTORNEY AT LAW 84 THIRC STREET ASHLAND. CREGON 97520 August 14, 1986 City Counc~l Members , ... Ashland, Oregon Dear Council Membersl Thank you again for reversing your decision on the train case, Would you please explain to Me..,-and my mother--why our city attorney Mr. Salter is requesting judgeMents to be placed on my mother's home 1 I thought this matter WBS behind all of us, As you can see, from papers enclosed, one amount was for $1204,70, which the referee denied. The second amount is $145.00 for filing fees, for which a lien has been placed against my mother's house, I had never been asked to pay this amount, I do not understand why my mother is being held liable for these actions. Thank you <JU~ few Eldward Krahel 168 Meade Street Legal papers enclosed. --;7 RONALD L. SALTER , , ATTORNEY AT LAW V4 THIRO STREET . ASHLAND. OREGON 97~20 1.5031482.4215 August 7, 1986 Jackson County Circuit Court Justice Bu~lding 100 South/Oakdale Avenue ~ Medford, Oregon 97501 ;-/ , /../' Re: Haynle & Krahel vs. City of Ashland Case No. CA A37615 Gentlemen: Enclosed is a copy of the Court of Appeals' Judgment in the above matter, which we ask to have docketed in the records of the Circuit Court. To cover that enclosed is your fee in the sum of $5.00. Very truly yours, RONALD L. SALTER City Attorney RLS/pc Enclosures /" cc Jerry A. Jacobson~' .f:': ; ~ 1385 .// ",. " , " .~. ~. Ll Petitioners, c.;..= ~ '~ ~ r. -1 2) ~ ~ IF= ~ =:!I =:!I l!:!:!::!l @h, @h, --LR ~ !~"J. .~D G::-~~T CF APpeAL:;, IN THE COURT OF APPEALS OF THE STATE OF OREGON , EVELYN 11ARYELLEN HAYNIE and EDWARD KRAHEL, v. THE CITY OF ASHLAND, a Municipal corporation, Respondent. Court of Appeals Case No.: Trial Court Case No.: CA A37615 Appeal from: Agency Case No.: 85-041 County Judge: :., : I .. :-' ",~.?'- .....1 ;.) ........ Judicial Review from: Land Use Board of Appeals .. ';:.7: ::~..:":' ,:,:.'.:::.., , ' , , Date argued: December 9, 1985 Date submitted on briefs: Before: Richardson, Presiding Judge, Joseph, Chief Judge, and Warden, Judge Attorney for Petitioners : Jerry A. Jacobson Attorney for Respondent Ronald L. Salter, City Attorney Affirmed without opinion. Date fIled: January 8, 1986 "O'A"Il******-a1t1r ] No costs awarded [XX] Costs awarded to the prevailing party or parties Prevailing party or parties: Respondent Party or parties responsible for paying costs: Petitioners ^ ~/ ~' $ \0 filing fee doe Court of Appeals when costs & di,bucsemenl1 ere collected tORS 20.140) I t is orde red tha t the preva 11 ing par ty or par ties recover from PETITIONER costs and disbursements on appeal, taxed at .tI'1S,0? , and the further sum of S as attorney fees--on-appeal. ..***.....,....6 [The following entries will be made when the appellate court decision is enforceable.] Date Supreme Court denied petition for review: JUN 17 1986 Date appellate judgment enforceable: JUL 1 7 1986 , " . ,. , .-j 1 0/ 8 5 I" ,1'-., l.L,._",' 7j.LJJ<. . i ~-"": . . ~ . . . 2 .' ., 4 .~ h 7 II '/ 111 II 12 II I~ I ~ II> 17 I~ "/ ~n CI " AUG 0 1 1981 BEFORF: TilE LAND USE BOAllD OF M'PEALS OF THE STATE OF OREGON EVELYN MARYELLEN IlAYNIE amJ EDWARD KRAHEL, ) ) ) ) ) ) ) ) ) ) ) OIWER ON ~10'i'rON FOR ATTORNEY'S FEES Petitioners, 1.lmf\ No. B5-041 vs. THE CITY OF ASHLAND, a rnunicipal corporation, Respondent. The City of Ashland, the prevalllng party In the above entitled matter, moves this Ooard t~r an award ot attorney's tees in the amount of $1,204.70. The Ctty believAs It IS entltl(~d to ttll~ uward l)ecause lIit appears clear that there was llPL pCulJ,-dJL0. (':IU~'~(~ tor the petitioners to bellevcc tl,,,1. LIIl\A n:lll . Juri,;rlictlon. Further, it j:. subnlltU'(! 1:1,:,1: tll., I:,et:; clearly support that tile pptltlon 101] l.1] LIJHA "':,:.; 1,1...<1 merely to delay the proCeedlnq!) ill "11" ('1f("illl- ..'(lilrt, wnich will result in eventual rem,)\'$l ("It t!'v~ ()tt~n,1tnf.; railroad cars.1I P,rgument to SupporL IJ(~t.lllDn :or Award of r\ttorney' 5 Fees, p. 1. We decline to make the award as rt~(lUe~;t:t:d. ^n a....:arti ()t. ~ttcrney's tees may only be made agsll15t ~ PQrty the Board tinds "presented a positiofl without prob3t)le C:1Llse t:o oel,eve the position ",as well tounded, anc prlmarll~ tor a purpose other than to securr' "pprop'" ',)1:(' act lOll by the Board." ORS 197.11JU(IJ) (0). ~J In thlS case, '...Je held the deci~;ion on !'f~vlew ....'."1S t)C'yo/"J(1 l)Ur ~~ JurlSdlctlon because It was in tnc naturl.? 01 nn 0.n:'.)!,~:I?m"~lL 2' ,1ctlon and tlelongcd '''':lthln tI"H.~ JurlSdictioll 01 ttll'l:lrCI:lt :C, court. We rClled on OHS l'J).Bi~')i'}) (.-1) wllle!l pr()V11If'~:: 11;I~l. ~. .. / ,./ I '. , 1 .> ~ I> 7 II '/ 10 II 12 11 I~ I~ ,,, 17 IK 1'1 .~1I ~ 1 .. . "Notwithstanding subsection (J) 01 till:; section, the circuit cour~s ot thiS state retaln lurlsdictlon. . .2 .. (a) To grant declaratory, inJullcU'Je or mandatory reliet 10 proceedings arlsill\.i troin d'~cislon5 descrIbed In ()f\S 197.01:;(111) (I>) 0" proceedln<jS brought to entorce the provIsIons or an adopted comprehi'nSlVe plan or Lll'" 11:;" rc.'llIlat.lons...... ~ 4 We round nothIng 111 the posItlon ,1"~"': ]'''(! flY petitIoner". U].,l' would suggest ttl.Jt ttl(lY did not rlil'.'I'.j Jl.".lILlni.:.Jte yucstlon to present to tnls Board: ~, wlletrJ.'( '''eel :.01 on t.o prOCCNJ \,'1 tll an cntorcement actlon was a land USv dl:Cl:;l'~.\n Itselt SUbJ<:..ct to LUBA review under ORS 197.835. In sum, we r)(~lleVe we were fJrr~St:ntr"l "';1',11 tl J.eljltlmate questIon tor reVIeW and we tln(l nult;l:;';; In Lt:l:~ record or to 3nythlng presented DY the parties :0 ,''''''Jest Ul,1t an a'....a:.d or attorney's teee; ul1der OH~ 19"J.H,l01!,i) l:; ;)Pi'r')i)rlat.~. Ttle motIon lur ,]1)' award of att')l!lr":,','.; r"I':; 1~ dcni(!d. Dated th!'; JOtl1 ,'lay oJ JuJ y, J ',il]" --) ,/,'" h'_~~_.L_~~/_ __h___ ,I, :'':i 'I'. !.f.:4,tf'l ;.,;" .. rr?.: ~emnrandum August 28, 1986 ~o: Honorable Mayor & City Council ~ronn: Brian L. Almquist, City Administrato~~ ~~~ Letter from Rep. Peterson re: MCS As can be determined from the attached letter, budget and other constraints have prevented us from obtaining either an Attorney General or Legislative Counsel's Opinion concerning our authority to adopt a hook-up requirement that new homes relying on electric space heat meet the Model Conservation Standards adopted by BPA and the Regional Power Planning Council. As an alternative, it is suggested that the City Attorney be authorized to research the subject and to secure assistance from outside Counsel, if necessary. NANCY PETERSON JACKSON COUNTY OISTR&CT 52 REPLY TO ADDRESS INDICATED: I;J House 01 Representatives Salem, Oregon 97310.1341 o 367 Maple Street Ashland, Oregon 97520 (f). . . . .. . . . . . . . . . . . .' .... COMMITTEES Member: Judiciary Slale and Federal Alfairs HOUSE OF REPRESENTATIVES SALEM, OREGON 97310-1347 August 7, 1986 Mr. Brian L. Almquist City Administrator City of Ashland 20 E. Main Street Ashland, OR 97520 Dear Brian: My inquiry into the legality of Ashland adopting a utility service connection requirement has brought us no closer to a definite answer. The attorney I spoke with in Legislative Counsel's office, indicated that such a requirement may be legal, but since this is new ground, he could not speak with absolute authority. He suggested that it would be more appropriate for the city attorney to look into the matter. He did indicate that the City of Ashland, as the sole provider of power to residents, could not legally refuse power to a customer who did not meet service connection requirements. The City could charge a reduced fee to those who met connection requirements. In speaking with the House leadership in Salem, I was reminded of the very limited budget for Attorney General opinions during the interim. The Speaker would have to seriously weigh the merit of the request plus the expense of such an opinion. I prefer to wait for further instructions from the Mayor and Council Members before pursuing this avenue. ~:::~ f>~ Rep. Nancy Peterson cc: Mayor and Council Members ~emorandum August 6, 1986 ! , . , ~o: Brian L. Almquist, City Administrator ~ ~ ~ ~lrOtn: Allen A. Alsing, Director of Public Works ~~ 'Wastewater Treatment Plant In February, 1985, the City was offered financial assistance by O.D.O.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 tne 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 ite~ was not included in the budget. I 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 this 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. r jt?"t/ d'7'/~d.t>-- ~emorandum August 22. 1986 'mo: Mayor and Council Vie Lively, Chief of Police J~ JIf rom: ~ubjed: Liquor License An application for a Restaurant license has been received from George H. and Jonathan H. Warren dba Bards Inn Restaurant. The background investigation has been conducted and approval of this license is recommended. VL:mm cc: file ;,.-l">,:.~ 1 ": er~ . . APPLICATION STATE OF OREGON OREGON LIQUOR CONTROL COMMISSION Return To: .- oJ, GENERAL INFORMATION "; This~PPlication form costs $5.00. A non-refundable processing fee is assessed when you submit this completed form to the Commission le~ootl~_ for Druggist and Health Care .Facility Licen~eS). Th~ filing of this application ~oes not commit the Commission to the granting of ~J.icense for which you are applymg nor does It permit you to operate the busmess named below. . '.'t.~' f;' No. 07655 (THIS SPACE IS FOR OLCC OFFICE USE) Application is being made for: o DISPENSER, CLAS'SIG{\TJorl R{gIYlilb Partner o DISPENSER, CLAs!JOB CONTRQJ;] OOMI~eNPrivi1ege o DISPENSER, CLASS C 0 Change Location / O.l'ACKAGE STOREJU\J 2:1 D8c;:J1ange Ownership [2f RESTAURANT I t:i Gl,ange of Privilege o RETAIL MALT BEVERAGE ~reater Privilege o SEASONAL DISP~ DM esser Privilege o WHOLESALE MALT . New Oullet BEVERAGE & WINE .0 0 Other I o WINERY !/h" e / :d"r>" ~;Z; OTHER: ~ ~~ (/,' C' C / I / ,'. J~:J:~~7~ (f-/I=-Lj';)' --' /' '1,-.,,,,,.[..., (- ,/';" -"'-"("'>'- TITLE UUTJON: If your operation of this business depends on your receiving a liquor license, OlCe cautions you not to purchase. remode', or ~.l start construction until your license is granted. . . 1. Name of Corporation. Partnership, or Individual Applicants: 1) et.'c..'~~ H. 'y"/Cll't'.<!. \r\.. 3) 5) (THIS SPACE IS FOR CITY OR COUNTY USE) NOTICE TO CITIES AND COUNTIES: Do not consider this applica- tion unless it has been stamped and signed at the left by an OLCC representative. THE CITY COUNCIL, COUNTY COMMISSION, OR COUNTY COURT OF (Name of City or County) RECOMMENDS THAT THIS LICENSE BE: GRANTED DENIED DATE BY (Signature) 2) 4) 6) (EACH PERSON LISTED ABOVE MUST FILE AN INDIVIDUAL HISTORY AND A FINANCIAL STATEMENl) I~I ,., (?,n.. .,~A 'r; .r., '" 2. Present Trade Name 3. NewTradeName ~l.L':"i.,i...r "/tHo.' 4. Premises address ,,~, t\1 (\'1;' (Number, Street. Rural Roule) ;:) (,1... ~'" <If~ ,". '1" . (City) I '3':1. 5. Business mailing address (County) Year filed with Corporalion Commissioner (:?"~'-"'l 9'7 ci"";).o ( te) (Zip) (p.O. Box, Number, Street, RU'ClI Route) (Zip) (City) (State) 6. Was premises previously licensed by OLCC? Yes_ No v Year 7. It yes, to whom: Type of license: :r () VI. CL i-h Ct.." H , 'v-/ a. r' (' '(' V\... (Manager must fill out Individual History) 8. Will you have a manager: ;/"" Yes_ No_ Name 9. Will anyone else not signing thj.s application share in the ownership or receive a percentage of profits or bonus from the business? Yes_ No~ :AUTION: The Administrater of the Oregon Uquor Control Commission must be notified if you are contacted by anybody offering to influence the Commission on your behalf, . (b N"-JLAI O. What is the local governing body where your premises is located? 1. Olee representative making investigation may contact: I .~ ). /0./ ./i .~.J l, 1,1. ,., J M Cd '"' \ l (Address) Applicant(s) Signalure (In case of corporation. duly authorized officer thereof) 1) 2) 3) 4) 5) :rlglnal- oc81 Government " 6) 'orm &454;:.-460 (8-812) A <; '.(t..LL j (Name of City or County) \iJ a. Y' ,"t'. ..... (Name) 50'1 - 'tel 00 </9 (Tel. No. - home. business. message) ;:r-L'"' \-,"\ (L +t ( n "".. fATE -Z I '.a..."t.l....""_ ~ J dY J?\o I ( --~~!'r~ ~.rr'~,;i\'>,I.."',~.,~...1'I,.,..11m-~~~~:~-:\.:~~.~.~;"i:!"'.~1""~ry~~....n":":o;'~''!!''~~ ,~~ ...~~.,'~, . . ~emnrnttdum 'ID 0: Hono~~ble Mayor & City Council Jlf rom: Brian L. Almquist, City Administra ~uhjed: Sidewalk Selling (A.M.G. Sec. 10.64.010) For many years, the Ashland Chamber of Commerce approached the City Council twice annually, with written requests to allow merchants abutting downtown streets to hold sidewalk sales on Friday and Saturday. Approximately five years ago, the Council indicated to the Chamber that it would no longer be necessary to make future specific requests, but that blanket permission was granted for future sales. ~he City Council also over the years has granted specific permissioG to groups to hold crafts fairs on' 'priVate property, and has authorized a q~uar~te:tly ~.b.usiness:"'license fee to be charged to participants of such crafts fairs. The Parks & Recreation Commission, with Council concurrence, has also authorized a Saturday Market on Guanajuato Way for local craftspeople to sell their wares. The Saturday Market is also charged a quarterly business license feeJ Apparently over the past several years the above two concepts have been confused with one another', and up to six such quarterly licenses have been issued to craftspeople. Six such licenses had been issued when this was brought to my attention on the day prior to the most recent sale. Approximately two (2) weeks earlier I had discussed this matter with the Chamber Manager Sandra James, and we had agreed that only the abut- ting merchants should be authorized, as originally contemplated by the Council. In addition, several merchants have regularly complained about craftspeople on the sidewalks. Unfortunately, both Sandra and I failed to communicate this to our respective staffs. As a result, some animosity with the six craftspeople resulted, due to the revocation of licenses late in the day preceding the event and subsequent enforcement activities on the day of the sale. Had I been in town on Friday, I probably would have handled things differently, but that is now behind us. I certainly take full responsibility for the hard feelings that ensued. In any case, I believe it is time for the City Council to conduct a complete review of its policies, and recommend the following course of action: . . RECOMMENDATION: 1. That the Chamber of Commerce Board of Directors be requested to conduct a survey of Downtown Businesses, regarding their attitudes towards allowing vendors, other than merchants abut- ting downtown streets to set up on public sidewalks to sell their wares. 2. If the results are generally negative, it is my recommendation that the Council reiterate its original policy to restrict such sales to abutting merchants. '3. If the results are generally positive, then specific guidelines need to be adopted and some additional policy questions need to be addressed, such as: a. Can the City "discriminate" by screening vendors (i,e. residents vs nonresidents, crafts goods vs manufactured goods, etc.) b. What policy should be required as to permission from abutting merchants to set up in front of their businesses. .c. Should standards be established (and enforced) concerning clear passage for pedestrians, size of tables .or racks, etc. d. What are the insurance liability questions that need to be answered. (Established businesses normally have liability . coverage', .whereas others do not). e. Other q~estions which the Chamber Board may identify. , . --. The Council and Parks Commission have provided a weekly outlet for crafts- people via the Saturday Market on Guanajuato Way. Since the merchants abutting downtown sidewalks paid to have those sidewalks installed and are required.by City ordinance to maintain them, I believe it is only proper to request their attitudes before opening up sidewalks on a whole- sale basis to whomever may wish to vend their wares, whether they be from within or without the City. " , , . , -2- ~ .. 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: SECTION '1. 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 City Recorder SIGNED and APPROVED this day of . , 1986. .L. Gordon Medaris Mayor ; . DRESCHER & ARNOLD " '" , ,. .' '. ATTORNEYS AT LAW ALLEN G. DRESCHER, P.C G, PHILIP ARNOLD 300 E. MAIN. P.O. BOX 7eO ASHLAND, OREGON 87520 August 26, 1986 TELEPHONE (503) 482-4e -; > Honorable Gordon'Medaris and Members of the City Council As I mentioned at the last council meeting, I am submitting a proposed resolution concerning funding of social services from the Ashland City Budget. A copy of that resolution is enclosed. The Mayor's Committee on Community Health Care and Future Social Needs was set up by Mayor Medaris to determine our community's health and social services needs and to look at the problem of how to fund those needs, if necessary, in light of the fact that federal revenue sharing funds will no longer be available. The Committee invested a lot of time and came to certain conclusions which are reflected in its report of June, 1986. Particularly noteworthy is the conclusion that the tourist and college based economy which we enjoy in Ashland depends upon service industries which employ people at relatively low rates of pay. These people are going to continue to need low cost primary health care of the type we have been supporting from the City I s budget. Our City government has done a lot to foster the economy which we have in Ashland and it will continue to do so. The Committee concluded that it was appropriate for the City to address problems created by this type of economy through continued funding of health and social services programs. I was on the Committe and, as you know, I agree in the results of that report. I' . I believe that we should act on the report. I believe that it is possible to fund the current programs from general fund revenues without presenting a potential conflict with other projects seeking an increase in the transient occupancy tax or without bringing the goals of meeting health and social services needs in the conflict with those who oppose an increase in the tax. It'seems to me that the resolution is important as it will do the following: :r Counc i1. 1. State City policy as preceived by the City 2. Require that the administrator, in future proposed budgets, present a budget to the Budget _.~ ..:;, f' , . '. . f;. .. ;!,.; . " '. PAGE 2 Committee with.health and social services funding in place rather than suggesting how we might find funding for it from various sources. 3. Give guidance to the Budget Committee as it attempts to fund those matters which implement City policy. 4. Lets our contracting agencies know that it is our policy to fund them. This type of committment allows the agencies to focus on the delivery of services and to engage in long range planning. Of course, a resolution does not have the same force as an ordinance, but I believe, under the circumstances, that this approach provides the guidan~e and stability in funding which is recommended by th~'M~yoi's committee and is an appropriate solution. ' ,. '- " '/'Sinoe'~. ~~~p Arnold GPA!amy ,. !. . RESOLUTION NO. 86- A RESOLUTION ADOPTING AS CITY POLICY THE FUNDING OF HEALTH AND SOCIAL SERVICES WHEREAS, the City Council has in past years funded a number of health and social services through the City Budget with funds from Federal Revenue Sharing moniesl. and WHEREAS, it appears that Federal Revenue Sharing monies will not be available in the futurel and WHEREAS, the Mayor has appointed a committee on Community Health Care and Future Social Needs which has concluded that the City should continue to fund certain Health and Social programsl and WHEREAS, the Council, adopts the recommendations of the Mayor's Committee insofar as it recommends said fundingl and WHEREAS, the Council finds that the funding of health care and social service needs is an important City function which contributes to the health and well being of the citizens of Ashland. NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: It is hereby declared to be the policy of the City of Ashland to fund in future years from the General Fund, health and social services needs of the type currently being funded in fiscal year 1986-87 by the City of Ashland in an amount at least equal to $46,644., expressed in 1986 dollars, adjusted for inflation. The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the day of , 1986. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1986. L. Gordon Medaris Mayor . .. RESOLUTION NO. 86-' A RESOLUTION DEDICATING CERTAIN PROPERTY A~ GLENWOOD AND ASHLAND STREET FOR PARK PURPOSES PURSUANT TO THE CITY CHARTER. WHEREAS, Irving T. and Cynthia Lord donated property at the Northwest corner of Glenwood Drive and Ashland Street to the City for park purposes; and WHEREAS, the Ashland Parks and Recreation Commission is prepared to accept the dedication of said property for mainten- ance purposes; and NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council as follows: SECTION 1. That the property described in Exhibit "A" attached hereto and made a part hereof is dedicated in perpetuity for park purposes, pursuant to Article XIX Section 3 of the City Charter. . SECTION 2. That the Staff is hereby authorized to transfer to the Parks and Recreation Commission all monies realized from', the sale of improvements. SECTION 3. The conditions imposed by the grantors which shall run with the land are: A. That the trees presently on the premises will not be cut down unless reasonably necessary to control disease or because of disease related causes or for the overall betterment of the wooded area. B. That the land be used only for park, open space or nature study purposes. C. That there shall not be erected, nor permitted to be erected, statues, fountains or other such improvements which will likely cause maintenance or vandalism problems. The foregoing resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the: day of , 1986. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1986. L. Gordon Medaris Mayor ""'7/-/// 0dVe-d!-- T ~>'-(J . 75-12832 :'9 H H,JI.A 3700 Begirining at a point which bears South 0011 'Ivest 413.0 feet and South 89054' West 250.0 feet from the intersection of the center-, line of South ~lountain Avenue with the centerline of Ashland Street in the City of Ashland, Jackson County, Oregon; Thence South 89054' West 10,1.S feet~; thence South 0011' West 44.25 ieet; thence North 67056' Eust 118.31 feet to the point of beginning. 39 IE 16A^ 38DO and 39DD Beginr:ing (}l a point on thG sou~h line of Ashlul1d St.rf2(~t, \'lhich poi 1:t bea.rs Sout.h 89054 I 1\7E'st: 204, /5 fce1: 'crom t.he intp.rsec.tiorl of said line vii th Lh8 west line of Mountain AV"'llae in the City of A~hlan~, Jackson County, Oregon; thence continue South 89054' Vlest "J.ong the "outh J.j,n" of Ashland Street 229.75 fcot (to a point which is South 89"56' West 703.60 fcet, and South DOll' \"1",,t. 30. D feet from the COl:ner corr:rnon to Sections 9, 10, 15 and 16 in 'ro'.-.'nship 39 South, Range 1 Eile,t of the \'lillamette r'lcridian, in Orego~); thence South 0011' West parallel with Mountain Avenue 3e3.D feet; thence North 89054' East parallel to Ashland Street 229.75 fect, to a point South DOll' West from the point of begin- ning; thence North DOll' East. parallel with I-lountil,in Avenue 383.0 feet \'.0 the paine: of bcginnL1,;. r:XCEPTIUG '.PHE1;EFH0I-1 the follo'.-ling: neginning at the inters~ction of thf-:: South line of ll.shland Str8et \..~i th the ~'!es t l.i.ne of Glen\Vood Dr i V8 in th(~ Ci -Ly of l~shland I ,Jackson COl\nt~.., Oregon; thence South DOll' !-Iest along said West line 383,0 feet to the t~ue point of )Jcginrlj.llg; tllcnca South 89054' West 20.25 f~~t; t11~ncc NOT'tJ1 G7n5~1 ]~ilst 21.0 .[eet; tllcncc South 0011' West 8. J_Cl fc'ct L() the 'CLP(.: po:; ;-It c;.f bc~~d:)i1ing t bc:i.ng u triangll1.ar piece cf .l2:t!d. E~~T~lnl'l' "1," t:o ~';<lrr;__lnty D~~cd FrCl;1i L()rL!....t.:~~'''':";..i.L;;-'.:;.;: ;\~;}l'l rln{j 1"",1 q(~ ., .:~J. ::: RONALD L. SALTER ATTORNEY AT LAW 70 NORTH PIONeER STREET P. O. 80)( 727 ASHL.^ND. OREGON 97520 --"~-/ .... . ,(1) . i 75-12832 3S IE 16A1\ Tax Lot 4200 From a point on the section line between Sections 9 and 16 in TOlmship 39 South, Range 1 East of the Wil1amette Meridian in Jackson County, Oregon, which point is, South 89056'. West '/03. (,0 feet I'rom th8 corner cOlllmon to Sect~ons 9, 10, 15 and 16 in said Township and Range (also being South 89056' West 459.5~ feet from the intersection of the, center line of Ashland Street l:itll t!1S ~c~'~~r ~i~? ~f j',,'~""t'oi'j'l ^"""'''lej' "l(;"CU'~ (:O'lltJ'1 0' O,},1' , v '1.." .....! . <t..... .'..... J~ ~ ,J: (.~-' J, "-' .... )'Iest 2110.00 fect, to the true point of beginniflg; thence continue SO:1th 0011' West 146.0 feet; 'thence South 89056' l'iest 59,4 fcct; tiJcnce North 0011' Eilst 146.0 [e,et; thence North, 890:;6' !:a~;t 59.4 feet to tile true point of broginning. J3ckso:] County, Oregon Recorded OFFICIAL RECORDS j/,//J SEP2 41975~.M. HARRY CHIPMAN , C~7~~7d 11 ECOJWER By '~"';:,;L--;-r_O<puty V -J.:.j/ / '7J~.:?)J~p:u")() ... fro];'": E"'II'r"~l" II -, It t \1 :.,....~- J. A -n .a~runty Lc.n:t1 to Ci'l:Y 0,[ l\:3hli.lnd P;l~J t: :~ 0:'(' ~~ . Dl:~ed 'C~' j , RONALD L. SALTER ATTORNEY AT LA\N 70 NORTH PIONEER STRI1ET '::~( ~i'-:: __ , " ~emnrandum August 28, 1986 '(fi 0: Brian L. Almquis t, City Adminis tra tor Jlfrom: Robert D. Nelson, Director of Finance ~uhjed: SURETY BONDS FOR INSPECTION & MAINTENANCE PROGRAM Apparently surety bonds for the City's mechanics are the only barriers remaining before the City can begin the pollution control inspection and maintenance of its vehicles and those of other local public agencies, such as the College and the School District. Personally, I question the wisdom of requiring the City or its mechanics to be bonded. However, after spending several hours on these matters, and especially after having reviewed a letter from the State Department of Justice to the D.E.Q., it appears that the only practical course of action is to proceed with the bonding. We previously secured a bond for the City as a corporation, and now we need to bond our individual mechanics. (The out-of-pocket costs of this process are rather miniscule, but it is a time-consuming administrative process arising from ambiguous language in the statutes). The attached proposed Resolution, if enacted, should enable the City to acquire the necessary surety bonds and proceed with the program. Respectfully submitted, 1t!/~ Robert D. Nelson Director of Finance RDN/jr cc: Hon. Mayor & City Council Nan Franklin, City Recorder .,...~ \ RESOLUTION NO. A RESOLUTION INDEMNIFYING AETNA CASUALTY AND SURETY COMPANY FOR ANY PAYMENTS THAT THEY ARE REQUIRED TO MAKE UNDER THE TERMS OF THE CITY OF ASHLAND'S SURETY BONDS . WHEREAS, the City of Ashland has elected to provide motor vehicle pollution control inspections for those vehicles that fall under the maintenance programs of the City and other governments and public agencies; and WHEREAS, for such purposes the State of Oregon requires that any person licensed to issue certificates of compliance pursuant to ORS 468.400 and 468.390 shall file with the State a surety bond in the amount of $1,000 under the terms of the Motor Vehicle Pollution Control Program; and WHEREAS, the Aetna Casualty and Surety Company, as a condition of issuing such bonds, has requested that the City Council of the City of Ashland execute an order agreeing to indemnify them for any payments that may be required under the terms of the bond issued; NOW, THEREFORE, BE IT RESOLVED, that the City of Ashland does hereby agree to indemnify the Aetna Casualty and Surety Company for any payments that they are required to make under the terms of the bonds for the City. The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the Ashland City Council on the day of , 1986. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1986. L. Gordon Medaris Mayor T ~ / \ /' - - , RESOLUTION,NO. 86- A RESOLUTION ADOPTING A POLICY RELATIVE TO ADVANCE NOTIFICATION OF EMPLOYEES AFFECTED BY FUTURE REDUCTIONS IN STAFFING. WHEREAS, the recent elimination of budgetary funding for positions has created a hardship for individuals affected thereby; and WHEREAS, employees potentially affected by reorganization or reductions in staffing for budgetary reasons should be given as much advance notice as possible of pend- ing changes in their employment status. NOW THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of Ashland as follows: SECTIONl. Employees whose positions are proposed for elimination or reclassification as a part of the annual budget process shall receive no less than ninety (90) days notice of such proposed action. SECTION 2. In the event that said ninety (90) day notice cannot be provided due to unforseen circumstances or later action by the Budget Committee, employees shall be continued at their current pay rate for ninety (90) days from the date of notification to the employee. The foregoing resolution was READ and DULY ADOPTED at a regular meeting of the City Council of t he City of Ashland on the day of , 1986. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1986. L. Gordon Medaris Mayor ~emnrandum August 28, 1986 '(fio: Honorable Mayor & City Council ~ rom: Brian L. Almquist, City AdministrN~ ~ubjed; Contract Settlement with Laborers Union The Laborer's Union and the City has been in a dispute over the application of the wage formula set forth in the contract for the final year of our three-year agreement. City and Union negotiators have reached a tentative settlement, subject to ratification by the City Council and the Union membership. The agreement calls for an additional .5%, over the 2% increase applied July I, 1986. The effective date of the additional increase would be September 1, 1986. As part of that agreement, the parties have settled on a new three-year agreement to begin July 1, 1987, the terms of which are se't forth in the attached Memorandum of Understanding. Both the additional percentage and the three-year contract are tied together in the settlement, Both must be accepted for either to be implemented. RECOMMENDATION: I believe the settlement is fair to the City and fair to the employees and will result in City wage rates maintaining parity with comparable jurisdictions, as well as providing stability in our relationship with our employees. Attachment (1) ; " A ,J \' r. , MEMORANDUM OF UNDERSTANDING . WHEREAS, there presently exists a Contract between the parties effective July I, 1984 through June 30, 1987; and WHEREAS, a dispute has arisen between the parties concerning the interpretation of the application of the wage formula to be applied during the final year of the above contract. NOW THEREFORE, in settlement of the dispute concerning the formula to be effective for the final year of the Contract, the parties agree and understand as follows: 1. That upon ratification of a new three (3) year contract between the parties; the City agrees to grant an additional .5 % wage increase to members of the Union effective on September I, 1986, 2. That the formula for future wage increases for each year of the new contract shall be the average of the Portland and National CPI-W increase, March to March, with a guaranteed minimum salary I increase of 3% and a maximum salary increase of 6%. 3. The City shall pick up the increased cost of the Health and Welfare package. 4, The Cemetery Worker position shall be paid on the same wage schedule as the Utility Worker II position effective September I, 1986. '5. Mechanics who are certified to conduct I & M inspections shall receive an additional 20~ per hour and shall main- tain their certification as a condition of employment, effective September I, 1986. 6. All other terms and conditions shall remain unchanged from the present Contract. ' This Memorandum of Understanding shall be effective signature by the parties and ratification by the Ashland Council, and shall be extinguished upon signature by the of a new 3 year contract as set forth above. upon its City parties ( LABORERS LOCAL #1400 Steve Bradley, Business Manager John Abbott" Business Hp;r. District Council of Laborers date: .' date: . , RATIFIED BY THE CITY COUNCIL: L. Gordon Medaris, Mayor Nan E. Franklin, Recorder date: -2- . MEMORANDUM OF UNDERSTANDING 1 THIS MEMORANDUM, entered into this day of August, 1986, by and between the CITY OF ASHLAND, hereinafter called "City" and the AMERICAN LEGION, ASHLAND POST 14, hereinafter called "Legion", both of which understand as follows: RECITALS WHEREAS, the Legion has had exclusive care and control of the build- ing at 80 Winburn Way since the early 1920's; and WHEREAS, the City wishes to acknowledge the diligent care afforded this building by the Legion over the years, and their contribution to civic improvement and youth programs; NOW THEREFORE, BE IT REMEMBERED AS FOLLOWS: SECTION 1. The Legion shall have exclusive use of the building for its scheduled activities while the Legion remains active; or the present building remains. These activities are as follows: 1. The regular monthly meeting held on the first and third Mondays of each month from 1:00 P.M. to Midnight. 2. State or Regional Legion meetings scheduled at least 30 days in advance. 3; All day on July 3, 4 and 5. 4. All day on the second Friday in September. S. All day on November 10 and 11. 6. All day on the third Saturday and Sunday closest to March 16 of each year. 7. All other official Legion functions not listed above, provided that 30 days advance notice is given to the City. At all other times the City shall have the use and control of the building. SECTION 2. The Legion shall have control over the cupboards and drawers in the kitchen area, and may provide its own locks on same. No other person may use the items stored therein without the express written permission of the Legion. SECTION 3. No alcoholic beverages may be served in the building by outside groups, except that the Legion may continue to serve such beverages at their functions, and on the Fourth of July with City and O.L.C.C. permission. -1- .~ ..,::-" ... :i , SECTION 4. The City will purchase from the Legion, all furnish- ings, with the exception of kitchen utensils and dishes and any other furnishings which the Legion desires to retain. The value of such furnishings shall be established by an appraiser mutually agreed upon by the parties. SECTIONS. The City will assume management, repairs, utilities and insurance on the building, effective September 1, 1986. This memorandum shall be executed by the City and Legion, --- and a copy kept on file in the Office of the City Reco;der,-witli-- a duplicate provided to the Legion. DATED this day of August, 1986. CITY OF ASHLAND by: L. Gordon Medaris , Mayor by: Nan E. Franklin , City Recorder AMERICAN LEGION, ASHLAND POST NO. 14 by: , Commander bY:~LJ'~~L .-J , Adjutant -2- ~emnrandum ~ August 25, 1986 ~n: Brian L. Almquist, City Administrator ~rn~: Robert D. Nelson, Director of Finance ~uhjett: MONTHLY FINANCIAL COMMENTARY--JULY 31, 1986 Although declining interest rates will adversely affect every fund of the City, the near-absence of inflation more than offsets the loss of some investment income. Also, our interest income estimates are usually estimated quite conservatively. Therefore, with some exceptions noted below, outside economic influences should not be as much of a problem as in many years of the past. Electric Utility A fresh forecast of 86/87 Electric Utility revenues and expendi- tures indicates at least a satisfactory year for this fund. In fact, it should over-realize its budgeted year-end balance of $640,000. However, this is one fund in which outside influences will quite severely impact the City for the following fiscal year, 87-88. Looking ahead toward late 1987 or early 1988, we anticipate a rate increase from Bonneville in the 10% to 12% range. If OPEC is successful in stabilizing crude oil prices in the $20/barrel area, Bonneville's sales to the Southwest might increase to the point where a smaller increase would suffice. A healthier Northwest aluminum industry might accomplish similar results. Water Quality The water conservation program obviously will depress revenues, but most of the operating contingency should not be expended, so Water Quality should reach its budgeted June 30, 1987 balance of $421,000 (most of which will consist of warehouse inventory). Sanitation is in better financial condition than the Water Division. General Fund As we reported last month, the General Fund began the new year with a July 1 balance which was $16,751 less than budgeted. However, according to the latest forecast of 86-87 revenues, total resources for this fund should be a fraction of 1% better than anticipated. ~ .'~-. ~ Revenue Sharing . J There likely will be a small shortfall in Revenue Sharing, which we probably could accommodate by curtailing part of the Bancroft debt reduction program. Otherwise, this fund appears to be in satisfactory condition for 86-87. There even is a ray of hope that it will be reinstituted. . All health and social services grantees have been contacted, after they had secured grants from other agencies. It appears that all are still viable entities and will continue to offer substantially the same quantity and quality of services which were contemplated in their applications. Cemetery Fund & Cemetery Trust Because of declining interest rates, the Cemetery Trust very likely will not attain its budgeted $44,000 interest earnings, but the shortfall will be covered by the Cemetery's beginning balance, plus service revenues. Therefore the outlook for the Cemetery operating fund is good, and it should achieve its budgeted year- end balance of $22,000. Hospital Fund Official 85-86 results of the Hospital will await the usual audit adjustments affecting inventory, but it is evident that this fund will begin the new year in excellent financial condition, and the prospects for 86-87 are favorable. Central Services Both Operational and Maintenance Services divisions are well situated for 86-87, but the former almost certainly will need to increase its interdepartmental charges in 87-88. We are concen- trating efforts to generate savings in several areas, including telephone, electronic data processing, utilities, and workers comp expense, but we connot promise that these savings will be sufficient. The Maintenance Services division should not require an increase in lease rental income in 87-88. Street Fund The Street Fund's estimated resources are precariously balanced for 86-87. be closely monitored. and requirements forecasts This fund will continue to Respectfully submitted, ~ Robert D. Nelson Director of Finance cc: Hon. Mayor & City Council Tom Mack, Hospital CEO Nan Franklin, City Recorder ,.,i, " ' ", ' \. .: ! I ""-. ,,/ ".:. ,i : ~" ' iliJjl .. ,I ,:,d,:!O, 'I' '" ''''I .. . i . , ' :;,'-I'FROM; "j:V ; 'II '.., . , ' , . .t!~ ~'ueJECT: ," I' I I I (, I, I , , i It. , ~....._I;.- 125,1307. STATE OF OREGON i INTEROFFICE MEMO Fi Ie 1', DATE: 8/13/86'[: . , , . I I,: I :i ~ ,';$ , I , l~' , ' I:>. , '\ r,.:.. ~. Dennis Belsky ~ , " , ; , " S - Jackson County Ashland STP Inspection Report NPDES Permit 3537-J DEQ Fi Ie No. 3780 : L'j I' 'Il . I' ,I : \. " "'1. I, , f'~ , I:: PURPOSE OF INSPECTION A comprehensive compliance inspection of the Ashland STP was conducted l Tuesday, August 12, 1986 by Dennis Belsky, Region Engineer, DEQ. Mr. Wilfredo (Willie) Olandria, P.E. of EPA Oregon Operations Office, audit d the inspection - State lead. Guidelines contained in EPA NPDES comPllar' ce Inspection Manual, June 1984, were followed. EPA Form 3560-3, NPOES Compliance Inspection Report, was forwarded to EPA's Oregon Operations Office. i The inspection lasted two hours during which time records, laboratory I procedures, POnJ pretreatrrent requirements, sludge disposal, and faci'lity...... equiprrent and processes and NPDES permit conditions were reviewed and! ' inspected. Effluent grab samples for BOD-5, TSS and FC/100 ml were obtaine,d for analysis by DEQ. PERMIT VERIFICATION The Departrrent's inform3tion about the permittee is as described in the permit. All discharges are permitted and the receiving waters are , described correctly. The Ashland STP representative present during thel i inspection ~/as Dave Stevenson, plant foreman. A copy of the Inspection' i report "/as mailed to AI Alsing, Ashland Director of Public Works. ! RECORDS, RECORDKEEPING AND REPORTING I I : I I I i , , The Ashland STP rreets all recordkeeping and reporting requirements required by the NPDES permit. DMR's are submitted on time each month. A summary is enclosed of reported discharges during calendar year 1986, January to June. Treated effluent was in compliance with permitted discharge criteria. Dave Stevenson reported a sewage bypass from the Ashland Creek pump station on February 19, 1986. The bypass resulted from hydraulic overload due to climatic conditions. Approximately 2400 gallons of raw sewage was bypassed to Ashland Creek. The sewage was significantly di luted by storm runoff. Such bypasses are a rare event. -.I, I 1 I \ 1~. ~ i.. d' i n I ..I....... j 'I" ' IiI i,-'i ,I:, ' I" 't',; 'U .' I' i !' ! I J , i : , , , i , ! I Laboratory equipment calibration and maintenance records are avai lable i ' for agency review. Plant records are stored at the faci 1 i ty. Records i i avai lable include an O&M manual, engineering drawings, equipment repai~ schedules, supplies and data cards. ' Iii " 'I!",,' ~w . . Fi Ie RE: Ashland 8/13/86 Page Two ,I,'> ",-' ~iJ. ~; I ..j: , .'-, .J", STP .'; COMPLIANCE SCHEDULE STATUS The Ashland STP is not under a compliance schedule. construction is planned. One aeration basin and one standby status because flows are well beloN design. No major new clarifier are on POTW PRETREATI1EIH REQUI REMENTS The Ashland STP is not subject to pretreatment requirements. A 1983 survey by the City of Ashland concluded that two (2) car washes and four (4) laundries comprise the industrial dischargers. DEQ confi rmed by letter of 6/03/83 that a pretreatment program ,is not required. The City of Ashland may consider adoption of a pretreatment ordinance to set the stage for potential industry locating in Ashland. FACILITY EQUIPMENT An effluent grab I be reported when i I I to 1 Is dischar~ed i I The DEQ Water Quality Division has begun an evaluation of the receivingl stream and Bear Creek with regard to proposed antidegradation policy I changes and improvement of water qual i ty. Information from the study wi II be shared with the City of Ashland, Rogue Valley COG and other interestbd parties. ' i I Plant capacity is 3.1 MGD, average dry weather flow. sample was taken during the inspection. Results ,will avai lable. Sewage receives secondary treatment and is chlorinated prior discharge. Treatment process is activated sludge. Effluent to Ashland Creek, a tributary of Bear Creek. Equipment is well maintained with a record system that shows construction detai Is, maintenance history, and repair procedures. Ashland is adding' an emergency generator to the lift station. The generator Is stored presently. This standby power would prevent a sewage bypass from the Ashland Creek lift station in the event of a power outage. SAMPLES AND EFFLUENT QUALITY, The Ashland STP complies with effluent sampling requirements, frequency, and discharge limits. All sample results except process control are reported. Compositing frequency is proportional to sewage flow. ..' ~, . .. ~~ i' I , , i I ";"1';1",:., r~ I I I i I i Fi Ie RE: Ashland STP 8/13/86 Page Th ree " FLOW MEASUREI1ENT Flo", is measured by a Parshall flume rated to 10 MGo. Installation, condition, and maintenance of the flume appears satisfactory upon visual inspection. The totalizer is calibrated annually. Spare parts are ava i I ab Ie for the t:ota Ii zer. LABORATORY QUALI TY ASSLRANCE Samples are analyzed by the STP. Trained technicians perform the analyses. Analytical procedures adhere to EPA approved methods. AI I lab equipment is functional and maintained regularly. TSS, BOD, and Fecal Coliform samples are analyzed in duplicate 50% of the time. SLUDGE MANAGEMENT AND DISPOSAL Sludge is spread yearround on agricultural land for beneficial use. Sludge is treated before land application by either anaerobic digester, aerobic digester, and air drying in sludge beds. SUMMARY A comprehensive evaluation/sampling inspection was conducted by oEQ/EPA staff on 8/12/86. Sewage treatment, sludge, disposal, recordkeeping and record reporting and other NPDES permit #353Z conditions have been met. The Ashland STP was found to have no significant violations noted. DB: fs cc: WQ Division Wi Ilie Olandria, EPA Oregon Operations , ,'. <\. , . ,~~ !; '!