HomeMy WebLinkAbout1996-0716 REG MINMINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
July 16, 1996
PLEDGE OF ALLEGIANCE
Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers.
ROLL CALL
Councilors Laws, Reid, Hagen and Wheeldon were present; Councilor Thompson and Hauck
were absent.
APPROVAL OF MINUTES
The minutes of the Regular meeting of July 2, 1996 were approved as presented.
CONSENT AGENDA
1. Minutes of boards, commissions, and committees.
2. Monthly departmental reports for June 1996.
3. Approval of liquor license application from Breadboard Restaurant, 744 N. Main
Street.
4. Adoption of Annual Consolidated Plan and allocation for CDBG funds.
5. Memo from Conservation Coordinator Dick Wanderscheid regarding new solar hot
water program using OMECA funding.
6. Memo from Fire Chief Woodley relative to silvicultural project above Glenview
Drive.
Councilor Wheeldon requested that Item No. 1 be moved to New & Misc. Business;
Mayor Golden requested that Item No. 6 be moved to New & Misc. Business.
Councilors Reid/Laws m/s to approve Consent Agenda. Voice Vote: all AYES. Motion
passed.
PUBLIC FORUM
Brook Buettner/315A Luna Vista/Was upset and concerned over the spraying of herbicides
on blackberry bushes located along Walnut Street on June 6, 1996. Informed Council of
dying shrubs and trees and concerned for human safety. Requested that Council pass an
ordinance banning the use by the city of all herbicides and pesticides. Would also request
that residents be given warning about impending use of chemicals. Feels that there is not a
need to use chemical to control weeds.
Mayor Golden agreed with Buettner and explained that city administration had only been
made aware of this situation last week. She explained that immediate steps have been taken
within the Public Works department to see that this does not happen again.
City Council Meeting 7-16-96
Public Works Director Susan Wilson Broadus explained that the initial direction by using the
herbicide was to control the blackberry bushes. She explained that all residents had been
contacted and statements of concern taken.
She explained that the Oregon Department of Agriculture was contacted for information on
herbicides used and their effects. After a site review with Ron Simeroth, Pesticide
Investigator for Oregon Department of Agriculture, he verified that there had been
misapplication of Crossbow under temperature and humidity conditions. The Pesticide
Analytical & Response Center was contacted for health care and clean up information.
Wilson-Broadus informed that Council that she had implemented written prohibition on use
of herbicides and pesticides within the Street Division.
Arrangements were made with residents for City reimbursement of medical and plant
replacement expense as well as referring residents to Bob Nelson, City Risk Management
Analyst for claims resolution.
It was suggested by Council that an overall policy and signage regarding the use of pesticides
be implemented for the City.
UNFINISHED BUSINESS
1. Authority to remove encroachment on alley off Eracrick Street between Eureka
and East Main Streets.
City Attorney Paul Nolte requests council to revoke whatever permission that may have been
given in the past to Ellis and Smith, and give them 30 days to remove the encroachment.
Dianne Ellis 1023 E Main/Property owner encroaching the public right-of-way with a fence
and garden. Explained that it would create a safety issue involving traffic but would be okay
for pedestrians and bicycles.
Robert Ellis/1023 E Main/Paving of alley would only create more traffic and encourage
faster driving which would create a safety issue.
Senior Planner l~ill Molnar explained that there had been application for development of a six
unit condominium. In the approval of the application, there was a requirement from the
Planning Commission that the developer pave the alley way and use the alley for access on
both ends. Molnar explained that the Planning Department agreed with the requirement
because of the possibility of future development. He reported that there may be additional
traffic on the alley but would not be used as a typical street.
Councilor Laws suggested that a bicycle way and sidewalks be installed before setting up the
alley way for additional traffic.
City Council Meeting 7-16-96 2
Council discussion on removing encroachment but only for the purpose of pedestrian and
bicycle traffic. It was suggested and discussed if the council should appeal the decision of the
Planning Commission in regards to the requirement to the developer of paving alleyway.
Councilors Hagen/Wheeldon m/s to authorize removal of encroachment. Roll Call Vote:
Reid, Hagen and Wheeldon; YES, Laws; NO. Motion passed 3-1.
NEW & MISCELLANEOUS BUSINESS
1. Request for sewer connection outside the City limits and within the Urban
Growth Boundary from Daniel Wiltrout, 392 Crowson Road.
City Administrator Brian Almquist presented recommendation by staff with the following
conditions; 1) Property owner meets all requirements of AMC 14.08.030, Connection-
Outside City, Inside Urban Growth Boundary; 2) Property owner signs an agreement to
participate in the cost of constructing future sanitary sewer improvements in Crowson Road
and 3) the septic system is decommissioned when a sewer system become available.
Councilors Hagen/Laws m/s to approve sewer connection request. Discussion: Cost
associated with connection was not available, but preliminary figures were given to
property owner. Councilor Wheeldon suggested that there be future consideration of
agreement letters for sewer improvements, etc. Voice Vote: all AYES. Motion passed.
It was suggested that a Council Study Session the idea of having agreement letters for
property owners connecting with the city be discussed.
2. Discussion of office space needs issue.
It was suggested by Council that all information including past memorandums be made
available to those interested. After this information has been distributed a Public Hearing
would be held.
City Administrator Brian Almquist updated council and public in summary of the Space
Needs issue. A letter from Rob Winthrop requesting an accounting by the Council on the
steps taken to meet the committee recommendations in regard to future space needs was
presented to council.
Rick Vezie/446 Walker/Reported to Council that City Administrator Almquist did not
include him in the "loop" as was directed by Council. Requests that there be a meeting to
discuss council agreements.
Council scheduled public hearing for September 24, 1996 to discuss the Space Needs issue.
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3. Minutes of boards, commissions and conmfittees.
Councilor Wheeldon questioned minutes from the Planning Commission regarding public
hearing on the 26-1ot Audubon Subdivision. Requested further information on the missing of
a condition to make street improvements which was not included in Phase III of the
development. Senior Planner Bill Molnar explained that this decision has been appealed and
will be presented to Council in a future Council meeting.
4. Memo from Fire Chief Woodley relative to silvicultural project above Glenview
Drive.
Fire Chief Woodley reported that they had completed the wildfire fuels mitigation project on
approximately 7 acres of city-owned forest lands above the granite pit off Glenview Drive.
The project involved removal of approx. 28,000 board feet of timber. He also reported that
due to the location and shallow depth of the water line, a surcharge was added onto the bid
price by the logging contractor to cover special equipment needed and supplemental liability
insurance coverage for the operation.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. First reading by title only of "An Ordinance amending the Fire Prevention Code,
Chapter 15.28 of the Ashland Municipal Code."
Councilors Hagen/Laws m/s to approve first reading and place on agenda for second
reading. Roll Call vote: Hagen, Wheeldon, Laws and Reid: YES. Motion passed.
First reading by title only of "An Ordinance adding Chapter 9.18 to the Ashland
Municipal Code to establish procedures for dealing with chronic nuisance
properly."
City Attorney Paul Nolte explained to council that this ordinance would address chronic
nuisance properties where the police are frequently called by citizens to assist in curtailing
behavior involving noise, disorderly conduct, harassment, intimidation and other criminal
conduct or ordinance violations.
PUBLIC HEARING OPEN: 8:50 p.m.
Frank Lang/535 Taylor/Stated his support of proposed ordinance. Suggested that drugs be
added into the ordinance.
Susan Vaughn/565 Taylor/Voiced her concern with the negative energy and anticipated
problems. Felt that the police have been very supportive but are as frustrated as the property
owners. Supports ordinance to control chronic nuisance property and requests council
attention.
Keith Moseley/565 Taylor/Supports proposed ordinance and shared some of his negative
personal experiences.
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Bill Rupp/574 Long Way/Supports proposed ordinance and shared some of his negative
personal experiences. Suggests that the property owner be made responsible along with the
tenants.
Peter Brunner/245 Van Ness/Supports proposed ordinance. Advised council that Taylor
Street is not the only area that is experiencing chronic neighborhood nuisance. Reported that
support by police department has been very much appreciated. Questioned mitigating civil
penalty on the financial condition of the owner and the cooperativeness of the owner(s) with
the city.
Steve Flynn/Dean of Students-Southern Oregon State College/Aware of problem and have
tried to deal with the students. Cooperation has been attempted with no solution. Agrees
with and supports proposed ordinance.
Laurel & Dragmir Vukovic/487 1/2 Scenic/Supports proposed ordinance. Suggests that the
property managers be made responsible along with the property owners and tenants.
PUBLIC HEARING CLOSED: 9:23 p.m.
Councilors Reid/Hagen m/s to approve first reading and place on agenda for second
reading with possible amendments. Roll Call vote: Hagen, Laws, Mayor Golden and
Reid; YES. Motion passed. Councilor Wheeldon absent from the room.
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Reading by title only of "A Resolution of the City of Ashland setting forth
conditions of employment for management and confidential employees and
repealing Resolution 79-55."
City Administrator Ahnquist explained that all past amendments have been incorporated into
this resolution, there are no changes to the existing policies.
Mayor Golden requested that item number 2.2 under Definitions be corrected to include the
Mayor because technically the Mayor is not part of the Council.
Council noted typing error under 10.8 and it was suggested that under item 4.1 Goal Setting
there could be a tighter relationship between Department Heads and Council Goals.
Councilors Hagen/Reid m/s to approve Resolution No. 96-37 with the discussed changes.
Roll Call vote: Wheeldon, Laws, Reid, and Hagen: YES. Motion passed.
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Reading by title only of "A Resolution annexing property to the City of Ashland
and providing for an effective date (ACCESS Annexation)."
Marilyn Briggs/590 Glenview/Opposed to the annexation and has concern with ACCESS
relationship to the annexation. Voiced her concern with the procedure of the annexation and
does not feel it had been fair to all players.
Council was informed that the property owners had unconditionally agreed to the annexation.
Debbie Miller/Concerned that past information was confusing. Feels it is important to look
at why the city does not have more of this type of zoning. Discussed with Council the
different types of zoning needed within the city.
Councilors Reid/Wheeidon m/s to approve Resolution No. 96-34. Roll Call vote: Laws,
Reid and Wheeldon; YES, Hagen; NO. Motion passed 3-1.
Reading by title only of "A Resolution setting the time and place for a public
hearing on the withdrawal of certain real property from Jackson County Fire
District No. 5 and directing publication of notice as required by ORS 222.524
(ACCESS Annexation)."
Councilors Laws/Reid m/s to approve Resolution No. 96-35. Roll Call vote: Laws, Reid
and Wheeldon: YES; Hagen: NO. Motion passed 3-1.
First reading of "An Ordinance repealing Chapter 2.20 of the Ashland Municipal
Code entitled "Community Hospital Board."
Councilors Hagen/Laws m/s to approve first reading and place on agenda for second
reading. Roll Call vote: Reid, Hagen, Wheeldon, and Laws: YES. Motion passed.
Reading of Resolution Supporting The Rogue Valley Transportation District's 5-
Year Serial Levy for $3.5 Million Commencing in July 1996.
Councilors Laws/Reid m/s to place Resolution on agenda. Voice vote: all AYES. Motion
passed.
Councilors Laws/Hagen m/s to approve Resolution No. 96-36. Roll Call vote: Hagen,
Wheeldon, Laws and Reid: YES. Motion passed.
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OTHER BUSINESS FROM COUNCIL MEMBERS
Council agreed that there would be no study session this month.
A letter from Seattle-Northwest Securities Corporation was noted regarding Seattle NW vs.
City of Oregon City involving an initiative amending the City's charter to reduce water rates
and limit future increases without voter approval.
Council discussed future time and place for Council study sessions. No decision was made.
ADJOURNMENT
Meeting was adjourned at 9:50 p.m.
Barbara Christensen, Recorder
Catherine M. Golden, Mayor
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