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HomeMy WebLinkAbout1986-0805 Regular Meeting J -1 . I I,.' ,.~ Aity 'CJ;Uzena.ti:encUng CounuL mee.ting<l may ,<lpeah on anydem on .the agenda, unleM d .w tile <lubjed Otl a public. healling wlUc.h hall beenc.l.o<led. I tl you w.Uh :to <lpeak, ,~eaLle we and atl:teJL you have been ltec.ogiU.zed by :the ChtUlt, g.i.ve yoWL name and additeM. The ChcUlt w.U.e. then aUow you :to <lpeak and a.l60 .i.n601lJn you all :to :the amou.n:t 06 lime aUo:t:ted :to you. The:t.ime gJraMed w.i.U be dependen:t :to 60nie ex:ten:t on :the natWLe 06 :the dem undelt cU.6 c.u.6<1-i.on, :the numbelt 0 tl people who ' ,:to be heaJtd, and the leng:th 06 the agenda. ~ IMPORTANT: .' AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL August 5, 1986 I. PLEDGE OF ALLEGIANCE: ,7:30 P.M., Civic Center Council Chambers II . ROLL CALL III. INTRODUCTION OF GUEST,: : The Honorable Arnold Spencer, Member, Greater Manchester Council, London, England IV. APPROVAL OF MINUTES: Regular Meeting and Executive Session of July 15, 1986. V . "COMMUNICATIONS, PETITIONS & REMONSTRANCES : 1. Request by Ashland Labor Day Run organizers for street closures for race scheduled for August 31, 1986 from 8:30 AM tolO:OO',PM.. VI. NEW & MISCELLANEOUS BUSINESS: 1. Report from Director of Finance on improvements in liability insurance claims history. 2. Mayor's appointment of two new Traffic Safety Commission members. VII. PUBLIC FORUM: Business from the audience not included on the agenda. VIII. ORDINANCES,. RES OLUTIONS&CONTRACTS : 1. First reading of an ordinance ordering the im~rovement of "A" Street from 6th to 7th Street under the Bancroft Act, 2. First reading of an ordinance amending the street tree ordinance. 3. Resolution re: initiative on separate police and fire departments. IX. OTHER BUSINESS FROM COUNCIL MEMBERS X. 'ADJOURNMENT: (Reminder: Study Session on Capital Improvements August 26, 1986). Attachments: 1. Minutes of Boards, Commissions & Committees 2. ,City Attorney's Report ,. . 'I , ROLL CALL APPROVAL OF MINUTES SAFETY AWARD - ELECTRIC DEPARTMENT PUBLIC HEARING "A" Street Improvements Riparian Habitat MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL July 15, 1986 Mayor Medaris led the Pledge of Allegiance and called the meet- to order at 7:30 P.M. in the Council Chambers on the above date. Elerath" Bennett, Acklin, Laws and Arnold were present. Reid was absento Arnold moved to approve minutes of the executive session and regular meeting of July I, 1986; Elerath seconded the motion. which passed unanimously on voice vote. Joe Miller of Oregon Workers Compensation presented a safety award to the City Electric Department for twenty years without a time-loss accident. Rick Seymour, Director of S.A.I.F. presented a special award to Albert Williams, Director of the Electric Utilities saying that it is rare that such a commemda- tion is given for twenty years of an unblemished safety record in a hazardous operation. David Barlow, S.A.I.F. Branch Manager also presenteq a special award for safety. The,Mayor'and Williams accepted the awards and the Mayor commented on the insurance break for the City because of the accident experience. Williams thanked all of the members of the Electric Department present at the meeting as well as the Mayor, Council and Adminis- tration for their part in making the accident-free record possible Former employee Ed Pentkowski recommended that the plaques be placed in the Service Center. . -.. -.---. Allan Sandler noted he has signed the agreement for tne one property owner against the improvements because of the financial impact and is paying that share of the assessment. The public hearing was opened and Sandler said he favors developing that part of town with improvements where his movie studio is located. The City Administrator noted that the Southern Pacific Transporta- tion Company has gone on record opposing the project and that tqeir representation does not bring the remonstrance up to the necessary 2/3 majority. There being no fu!ther comment, the public hearing was closed. After discussing the State law which provides..'that the City can pro.~eed when, the public benefits from a proposal Arnold moved to instruct sta~f to bring back ordinance implementing proposal. Laws asked the City Attorney if he should abstain having missed the first public hearing on the matter and Salter recommended he not vote on the issue. 'On voice vote the motion passed with all AYES except Laws who abstained. A letter was read from,Jeff LaLande recommending that an area adjacent to 1040 E. Main Street ,be designated as a riparian habitat for use of birds and small mammals which utilize the marsh. Almquist recommended that the request be referred to the Planning Commission ,to coordinate with the review of the Compre- hensive'Plan. Arnold moved to refer to the Planning Commission; Bennett seconded, the motion which passed unanimously on voice vote" 7/15/86 P. 1 egularMeeting' AShl.anU I.,.;l.ty LOUIlcl.i # /.J..f VV :L..... " , STATE BALLET OF OR. Community Center Use Planning Director Fregonese reviewed the City's takeover of the Community Center building for the use of different groups in the City and said it now generates between $8,500 to 9,000 per year and the State Ballet is the largest user of that facil- ity at 'this time. On Arnold's question as to whether the Center is ever available, Fregonese said there are times during the , day it isn't being used and for some groups it is necessary to to use the space before work etc. Fregonese noted it is not used on a regular basis on the weekends to allow its use for special occasions. Jim Taylor, representing State Ballet said the 108 hours 'of time in July and August are being requested rent free because the newly organized ballet group does not charge for the Monday night performances and the costs of putting on the popular art form make it difficult to pay for the many hours needed by the group. Taylor,:'said that Eric Hyrst has given much of his time to give private lessons and professionalize the Ballet with the idea of developing it into an ongoing cultural asset to the ~ommunity much as OFSA started out. On Benriettts question as to whether the Arts Council and others have been approached for assistance, Taylor said they continually seek funding and are looking for a small grant. Diane Hyrst reviewed" the need for more rehearsal time and said that if the building'is not scheduled they would like to be able to use it. Hyrst noted the Ballet has lost time in the event of elections being held in the building apd reiterated the need for company rehearsals. Dr. Rob Winthrop spoke in support of the Ballet urging Council to consider the request and act favorably because of their budget constraints. Winthrop said that the Ballet is a major cultural focus in the community and that the Monday night performances are popular especially since Shakespeare is dark that night. Acklin said she has been an advocate of the arts but feels that a precedent could be set and there are so many other art groups who need space' it might just create prob- lems. Acklin said she would rather help the Ballet's financial plight in other ways and assured the Ballet supporters she is s~rious in her offer. Almquist noted the'Budget reflects the $9,000 revenue source from the Community Center. Wills tatter suggested the Ballet work with'Shakespeare for use of their facilities on Monday ,nights when they are dark. Fregonese said the Ballet could use the non-reserved time but they would have to give up the time should other groups need the space. Acklin moved to deny; Bennett seconded the motion which passed unani- mously on voice vote. Liability Insurance A memo was reviewed from the Director of Finance noting that an increase in liability insurance would be 57% and proposed a plan,of action to provide for Seif-insurance. Council agreed with proposal outlined in the memo; No action necessary. 2 i ~Ittilar' Meeting: ,', HIGH ST. ALLEY CONSERVATION STANDARDS PUBLIC FORUM Ashland City Council , '7/l5/86P;3 The City Administrator reported the results of the survey taken regarding the proposed closure or vacation of the alley located East of High Street at Susan Lene saying that of the opinions received, 10 were in favor and 9 opposed. Almquist said that those in opposition were very strong in their objection and recommended that Council not proceed with the proposal but emphasized the need to either trim or remove abutting hedges for vision clearance. Laws moved that the proposal be tabled indefinitely and instructed staff to take action to improve, visibility; Arnold seconded the mtoion which passed unanimously on voice vote. Energy Conservation Director Wonderscheid reviewed the proposal outlined in his memo to establish a criteria wherebY,new homes using electric utilities as their major source of heating would be required by ordinance to use the Model Conservation Standards to be qualified for a hookup to the City's electric utilities. Wanderscheid recommended that a public hearing be held to allow input by builders, BPA and other interested parties and possibly get an Attorney General's Opinion on the legality of the pro- posal. Wanderscheid said there is strong support in town and reviewed the statistics gathered from a survey taken in the City which showed 95% agreeing with need for energy efficient homes, etc. Wanderscheid said he really doesn't anticipate any formid- able opposition because of the fact that most homes are already being built with energy efficient options. Elerath noted that the Comprehensive Plan supported the use of natural gas for heating and now electric is being pushed. Wanderscheid said the Comprehensive Plan was drawn up during the 'energy :crunch in 1980 and since there is now a glut.ofelectric energy, the Comp Plan will be modified to reflect that situation when it is given its five year revi~w. Wanderscheid noted that State Rep. Nancy Peterson was present and would represent the City in securing an Attorney General's opinion through the legislative process. The costs of anticipated litigation were discussed and Wanderscheid reported that B.P.A. would be willing to pick up'some costs. Acklin favored requesting the A.G.'s opinion and Laws disagreed saying that if the opinion turn out to be negative it would have a negative<reaction on the effort and it wouldn't be accepted in the event of a court procedure anyhow. Elerath moved to table and the motion died for lack of a second. Laws moved to hold a public hearing and further pursue the question of early adopt- ion of the code as presented and" Bennett: seconded the motion. On roll call vote Bennett, Acklin, 'Laws and Arnold voted in favor. Elerath opposed. Arnold moved to get the Attorney General's 'opinion and solicit Peterson's assistance: Bennett seconded the' motion which passed with Elerath, Bennett, Acklin and Arnold voting YES:and Laws Opposing on roll call vote. Al Wills tatter noted there was no call for a second on the motion to table and Laws noted there was time for a second and the motion,:died for lack of same. The Public Forum Was closed. 7/15/86 p. 3 ~ - ReRU.lSr l"leetlng l~;:';l:.....<..I..l~:...l .......i... L Y ......L.:'-d'-..I...J... ,,~.J,......... ... ,- ; TRAFFIC SAFETY COMM. Second reading by title only was given an ordinance increasing the membership on the Traffic Safety Commission from 5 to 7 voting members and Laws moved to adopt; Acklin seconded the motion which passed with Bennett, Acklin, Laws and Arnold voting YES. Elerath voted: against the measure. MANAGEMENT PAY PLAN A resolution was read adopting an amended pay plan for Manage- ment and confidential employees. Elerath said he would be more comfortable if the present rate schedule was avkilable to decide on the resolution. The City Administrator said the proposal represents a cost of living raise across the board and noted that the cost of living rate is based on the union contracts. Almquist added that there are approximately twenty persons in the management class and there is no merit schedule aside from the resolution being submitted. On Arnold's question as to why this isn't considered at budget time, Almquist said that at that time the City is in negotiations with the Unions and the final results are not available sometimes for months. Laws moved to adopt; Acklin seconded the motion which passed with Bennett, Acklin, Laws and Arnold voting YES. Elerath opposed. LOW-INCOME ROUSING A resolution supporting an application by Rogue Valley Manor for low-cost housing project in Ashland was read and Brian McLemorE representing Rogue Valley Manor who proposes to apply for R.U.D. funding for elderly low-income persons was in the audience to answer questions. McLemore said that the loans are for a 40 year period and that rents would be predicated on the income scale and that utilities would also' be subsidized for the tenants. Arnold moved to adopt; Elerath seconded the motion and asked if there were any "strings" so as not to place the City in a comprom- ising position. McElmore said he is only asking support of need and would meet' the Ci ty building code and follow guidelines set by the Federal government. On motion to support Elerath, Bennett, Acklin, Laws and Arnold voted in favor. OTHER BUSINESS Arnold urged that Council schedule joint meeting with the Historic Commission at which time people from the State will be present. the City Administrator reminded Council of the tour with the Forest Service on July 25 with a bag lu~h. Also the City Administrator noted that Don Goddard of the North- west Power Council would be hosted at a luncheon at the Back Porch Barbecue 'on Thursday, July 24. ADJOURNMENT The meeting adjourned at 9:25 P.M. to executive sess~on as authorized under AMC 1.92.660(1)(h) and reconvened into open session at 9:32. The meeting then adjourned at 9:33 P.M. Nan E. Franklin Ci ty Recorder L. Gordon Medaris Mayor 7/15/86 p. 4 ,. (1) ASHLAND COMMUNITY HOSPITAL July 14,1986 Ashland, Oregon Mayor and City Council 20 East Main Ashland, Oregon 97520 Dear Mayor, and City Council, This is a letter to request city approval for brief road closure for the Ashland Labor Day Run, scheduled August 31, 1986, at 08:30 am. If road closure or detour could be obtained for the hours from 8:30 am to 10:00 am, it would be an appreciated accomodation. The course is as follows: The race begins at the top of Lithia Park on Granite Street, proceeds down Grarrite to Winburn Way, and down around the plaza. The 5 mile course then proceeds out Main Street, and Siskiyou Blvd, then left on Highway 66. At the Ashland YMCA, the course doubles back, and follows the same course, ending on Winburn Way just adjacent to the Community Center. Thank You For Your Consideration In This Matter, Patrick Barfield ~ Race Director Ashland Labor Day Run (Formerly Ashland Founders Run) 420 Willow Street Ashland, Oregon 97520 482-2441 work 488-0304 280 Maple Street / p,o, Box 98 / Ashland / OR 97520 / (503) 482,2441 ~emnrnndum July 17, 1986 Wo: Brian L. Almquist, City Administrator Jf rom: Robert D. Nelson, Director of Finance ~ubjed: IMPROVEMENTS IN LIABILITY INSURANCE CLAIMS HISTORY As of June 30, our 1985-86 liability insurance loss run indicates that (excluding incurred but not reported) our claims came to a total of $6,360. This is a substantial improvement over the previous year's $36,508 (which does include IBNR claims). (Both figures exclude the Hospital). The operating departments have done a commendable job of keeping these costs under control. Respectfully submitted # Robert D. Nelson Director of Finance RDN/jr cc: Al Alsing Mike Biondi Barbara Dunlap John Fregonese Vic Lively Ken Mickelsen Al Williams ~emoraudum July 31, 1986 m~ Members of the City Council ~ronn: L. Gordon Medaris, Mayor ~ubjett: Traffic Safety Commission Appointments I respectfully request your approval of Bev Lamb, 288 Harrison St., and Walter Schraub, 1566 Woodland Dr, to the Traffic Safety Commiss- ion in order to bring the membership to seven members from the present five Commissioners, I have personally interviewed both candidates who are willing and able to contribute their time and effort to this community service. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE IMPROVEMENT OF "A" Street between 6th and 7th Street" BY CONSTRUCTING THEREON CURBS, GUTTERS AND PAVING; AUTHORIZING THE ASSESSMENT OF COST OF SAID IMPROVEMENT AGAINST PROPERTY TO BE BENEFITTED THEREBY; AND PROVIDING THAT WARRANTS ISSUED FOR THE ,COST THEREOF BE GENERAL OBLIGATIONS OF THE CITY OF ASHLAND. WHEREAS, 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 improvement 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 amount 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 "A" Street between 6th and 7th Streets be improved by the construction thereon of curbs, gutters and paving in accordance with the plans and specifications therefore 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 improvement shall bear interest at the prevailing rates and shall constitute general obligations of the City of Ashland, and said warrants shall be issued pursuant to and on the terms and conditions set forth in O.R.S. 287.502 to 287.510 inclusive. August August The foregoing ordinance was first read on the 5th day of , 1986, and duly PASSED arid ADOPTED this 19th day of , 1986. ' Nan E. Franklin City Recorder SIGNED and APPROVED this day of August , 1986. L. Gordon Medaris, Mayor ~emnrnndum 'ij[ 0: Brian Almquist ~ ~L ~ ...J Joho Fr"oo". @ Street Tree Ordinance JIf rom: ~ubjed: My reading of the Street Tree Ordinance does not give you any direct authority that would requie permits for tree trimming, only for planting and removal. I think we should immediately modify Ordinance 13.16.030 permission to plant to read as follows: 13.16.030 permission to Remove, Plant, or Trim. No trees or shrubs shall hereafter be planted, trimmed, pruned or removed from any public parking strip or other public place in the City until a permit therefor has been issued by the city Administrator. I think this should be passed with the emergency clause at the soonest available time to protect our trees from outside utility companies such as cable and telephone) a.-.--J ~~.u? ~~! ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13.16 OF THE ASHLAND MUNICIPAL CODE PERTAINING TO THE UNAUTHORIZED TRIMMING OF STREET TREES. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTIONl. Ordinance No. 1561 and Chapter 13.16 of the Ashland Municipal Code shall be amended by adding a new Section 13.16.035 thereto, which shall read as follows: "13.16.035 PertIiis'si'onto Prune. Except for purposes of removal of dead or dying branches which are a hazard to the public, pruning by City electric crews, or pruning for cosmetic purposes, no tree shall hereafter be pruned within any public parkrow or public right-of-way until a permit therefor has been issued by the City Administrator." SECTION 2. Due to the present lack of regulation on the foregoing matter, it is hereby determined that the public welfare requires that an emergency be declared and that this ordinance shall be effective upon its second reading and approval by the Mayor. The foregoing ordinance was first read on the 1986 and duly PASSED and ADOPTED this . 1986. day of day of Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1986. L. Gordon Medaris Mayor .. i ~ TO: Mayor and Members of the Common Council DATE: July 18, 1986 FROM: Ronald L. Salter City Attorney SUBJECT: Resolution - Separate Police & Fire Departments Ladies and Gentlemen: By the initiative process, an amendment to the Charter is proposed, concerning separate Police and Fire Departments. As required, enclosed is a Resolution calling a special election. Under the current rules of the Council, the Council may schedule the election for either September 16, 1986, or November 4, 1986. Thus blanks have been left in the Resolution to insert the date chosen. If it is September 16, the Resolution must be filed by the Recorder with the County by August 13, 1986. If the date chosen is November 4, then it must be filed with the County by September 4, 1986; Your attention is invited to a recent Ordinance on the subject of which date is to be chosen, the applicable part reads as follows: " . held on the date fixed in said petition, or if the Council determines that the subject is of general public interest, and thare is a general or primary election within 120 days of the date requested, it may order the election to be held at such general or primary election." The November date is, of course, the general election, and the September date is the one requested by the initiating person and organization, which is Edmund Chapman, Chairman of Restore Emergency Services (RESQ). Finally, the Measure number must be filled in, with the first Measure submitted to the voters to be No. 51, and other Measures to be numbered consecutively. Respectfully submitted, ~/") J? .)01) tx" ( --', . I; .; q ~ V NAL~ L. SALTER' ,/ City Attorney RLS/pc Enclosure RONALD L. SALTER ATTORNEY AT LAW 94 THIRD STREET ASHLAND. CREGON 97520 " I ) RESOLUTION NO. A RESOLUTION CALLING A SPECIAL ELECTION ON THE DAY OF , 1986, IN THE CITY OF ASHLAND FOR THE PURPOSE OF SUBMITTING TO THE LEGAL VOTERS A MEASURE CALLING FOR THE AMENDMENT OF THE CHARTER OF THE CITY OF, ASHLAND, TO PROVIDE FOR PERMANENTLY SEPARATE POLICE AND FIRE DEPARTMENTS. BE IT RESOLVED BY THE CITY OF ASHLAND AS FOLLOWS: SECTION 1. A special election is hereby called to be held in the City of Ashland, Oregon on the ____ day of , 1986, from 8:00 a.m. until 8:00 p.m., at which election there shall be submitted to the legal voters for their adoption or rejection the following proposed Measure, to wit: CHARTER AMENDMENT PROPOSED BY THE INITIATIVE PROCESS AN ACT To amend and revise the Ashland Charter, as amended, as follows: BE IT ENACTED BY THE 'PEOPLE OF THE CITY OF ASHLAND, OREGON: SECTION 1. That Article XIII Section 1 - Be it amended to add thereto subpart "A" as follows: "Section lA. Separate Police and Fire Departments. The City of Ashland shall maintain a fire department which is separate and distinct from the City police department. The employees of one department shall not be assigned to do the job functions of employees in the other department." SECTION 2. That the same persons shall serve as Chairman and Clerks for said Special Election as shall serve as Chairman and Clerks for the General Election held at the same time and on the same day; that the respective polling places lawfully designated for the said General Election are hereby designated as the voting places for said Special Election; polls will be open from 8:00 a.m. to 8:00 p.m., on the date herein set forth for said Election. SECTION 3. .. That the Ballot Title of said Measure so submitted to the electors at such Special Election herein called, shall be as follows: CHARTER AMENDMENT PROVIDING PERMANENTLY FOR SEPARATE POLICE AND FIRE DEPARTMENTS. Question: RONALD L. SALTER ATTORNEY AT LAW D4 THIRO STREET ASHLAND. OREGON 97520 -1- Resolution No. . LITIGATION REPORT -- July 17, 1986 ) Ashland vs. Krahel: In accord with the Council's instructions of July 1, 1986, a Motion has been filed to dismiss this case, which will undoubtedly be allowed. It should clearly be remembered that the instructions were that the City would not be a part of any further efforts with respect to railroad cars. Pacific Corp. vs. Ashland: As reported, the Court has ruled in favor of the City, indicating that it does h~ve the right and power to serve electricity to persons within its corporate boundaries as they exist and as they may change due to annexation. Ashland vs. Lithia Homes and Cooper: As you may recall, this case is one where we have a perpetual order requiring the Defendants to maintain the property is a safe condition and allowing the City to go upon the property to inspect for the purposes of insuring that that is done. The Court has dismissed this case as to Mark Cooper for the reason that, at the time,the order was entered, the Federal Court had jurisdiction, thus preempting the Oregon Court. However, I have a title report indicating that Lithia Home~ of Ashland, Inc. was and is the owner of the property at all times in question, and thus our order is'still valid as to the owner, and appears to be of sufficient effect. Lichens vs. Employment Division and City of Ashland: This is a case where a police officer, Larry Lichens, left the Department and claimed the right to employment compen- sation, which was denied by the City. The Employment'Division denied his claim, and he appealed to the Court of Appeals. The case was argued in Salem' some months ago, and the Court of Appeals has now affirmed the decision to deny employment compen- sation benefits. Respectfully submitted, n ~ Q ~I/"/ ~- -~. ~ RONALD L. SALTER RLS/pc RONALD L. SALTER . ATTORNEY AT L.AW 94 THIRD STREET AS':U.AND, CRE130N 97520 " ~ '. tJ Shall the Ashland Charter be amended so as to provide permanently for the separation of the Police and Fire Departments so that the employ- ees of one may not be assigned to the duties and functions of the other?' YES NO / / / / Explanation: At present, City Council may combine two or more departments, or may assign to one employee of one department all or a portion of the duties and func- tions of employees of another department. This Charter Amendment would permanently prohibit the City Council from assigning the functions of policmen to firemen and firemen to policemen, so that the two departments will be permanently, totally separate and distinct. SECTION 4. That the City Recorder is hereby requested and directed to give due notice of such Special Election hereby called as provided in the Charter and Ordinances of the City of Ashland, Oregon. The foregoing Resolution was duly passed at a regular meeting of the Common Council held on the day of , 1986. Dated this day of , 1986. APPROVED: MAYOR ATTEST: CITY RECORDER -2- Resolution No. RONALD L. SALTER ATTORNEY AT LAW 94 THIRO STREET ASHLAND. OREGON 97520