HomeMy WebLinkAbout1996-0814 REG MINMINUTES FOR THE ADJOURNED MEETING
ASHLAND CITY COUNCIL
August 14, 1996
CALLED TO ORDER
Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers.
ROLL CALL
Councilors Laws, Hauck, Hagen, and Thompson were present, Councilors Reid and
Wheeldon were absent.
UNFINISHED BUSINESS
1. City Administrator's Monthly Report - July 1996.
Councilor Thompson requested discussion on the funding of the Central Ashland Bikeway
Project. He would like the council to take a stand in their position that the consensus letter
did not move the city in the right direction and they should not be punished for taking an
honest stand regarding the Regional Transportation consensus letter.
Public Works Director Susan Wilson-Broadus explained that there has been discussion in
terms of what may happen to project funding for the city since the city did not sign the
consensus letter. Wilson-Broadus stated that she has been assured by several ODOT
personnel and others that help make priority recommendations, that the city is in no jeopardy
of losing funding because the consensus letter was not signed.
Wilson-Broadus proposed to council that the joint study session scheduled with Monte Grove
of O.D.O.T. be moved to August 22nd from 4 p.m. to 6 p.m. and add to the agenda a report
on state funding mechanisms. She would be out of town on August 21st and would like to be
in attendance when O.D.O.T. gives their report.
2. Letter from ODOT regarding Siskiyou Bivd. reconstruction/Bikeway.
To be discussed at August 22nd council study session.
Memo from City Recorder Barbara Christensen regarding status of initiative
ballot measures.
To be discussed immediately following current council meeting at a Special Meeting with the
Budget Committee.
Councilors Laws/Hauck m/s to approve consent items #1, #2 and #3. Voice vote: all
AYES. Motion passed.
Council Adjourned Meeting 8-14-96 1
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Second reading by title only of "An Ordinance adding Chapter 9.18 to the
Ashland Municipal Code to establish procedures for dealing with chronic
nuisance property."
PUBLIC HEARING CONTINUED: 7:43 p.m.
Sid Field/525 Tucker/Requested that council get statistics from Police Department on the
number of incidents of this nature. Appreciated that staff has listened to the onerous on the
property owners and other issues surrounding this ordinance.
Frank Lang/535 Taylor/Spoke in favor of the ordinance. Felt that even though this may not
be a wide spread problem it will take care of the current problem immediately. He is
impacted by the problem even though does not live right next door.
Keith Moseley/565 Taylor/Noted the high incidence of party nuisance houses. Reported of
many problems including garbage, noise, loose dogs, loud profanity, etc. Stated that the
owner has not indicated any responsibility to this problem.
Robert Connard/570 Nyla/Does not feel ordinance covers the problem, which is the tenant,
not the owner. Believes citations should be given to tenants, not the owner. Believes that
the city should enforce property leases.
Kay Abbett/581 E. Main/Spoke defending property owners. States that property owners do
not control the lives of their tenants. Believes ordinance was written for isolated problems.
Feels the city should penalize offenders with higher fines.
Joe Chez/3932 Pounds Ave/Sacramento, CA/Believes SOSC should consider penalizing
students and possible removing them from SOSC student body.
Steve Pierce/700 Butler Crk/Believes ordinance fails to be specific and there is not eviction
or citations mentioned in the ordinance. Feels the tenants are the offenders not the property
owners. Does not believe property owners are aware of the problem and have not been
notified. States that the police have more clout than the property owners. The ordinance is
written to penalize property owners not correct the problem of nuisance. Requests that
property notification be done before any further action is taken.
Steve Flynn/1460 Fields/Spoke in favor of ordinance as Dean of Students at SOSC. Stated
that if students are living off campus, SOSC has no legal authority to address problem.
Patti Busse/1372 Woodland/Reported that in the last 4 years she has lived next to two party
houses. Stated that because of the high rents in Ashland there are usually several people
Diving in one house. Reported on the high level of noise, garbage, fast driving and alcohol.
Council Adjourned Meeting 8-14~96 2
James Work/907 Mary Jane Ave/Spoke on incident that happened regarding notification of
drug use on one of this units. Stated that because of the notification he received it helped to
evict his tenants and supports the proposed ordinance. Suggest that once the eviction process
begins would not like to see property owner punished.
Virgil Butler/374 Idaho/Lives next to a party house and reported that in the last year it has
gotten very bad. Requested that council help stop this problem.
Dragomit Vukovic/387 1/2 Scenic/Supports ordinance. Believes that property owners and
property managers should be responsible for their tenants.
PUBLIC HEARING CLOSED: 7:45 p.m.
Police Captain, Mel Clements stated that these are not isolated cases. There has been a
problem of this nature for many years. They have in the past dealt with party houses by first
visiting the house and then if visited twice on the same evening, a citation is issued according
to the officers discretion. He stated that most of the time a citation issued results in a party
shutting down, but there have been incidences where the tenants refuse to answer the door.
In the last incidence, the door was answered and no one would admit to being responsible for
the complaint. He said that it is necessary to identify the person responsible for the
complaint before a citation can be issued.
Clements reported to council statistics over the past 3 years in one area, there was 53 noise
complaints in one area. In the past eight months, there has been 21 noise complaints.
Councilor Thompson was concerned with possible increase of calls on barking dogs in
regards to unnecessary noise. City Attorney Paul Nolte stated that there are two provisions
in the city's municipal code. One is for unnecessary noise and another more specific one
dealing with dogs and barking. Because them is a more specific ordinance dealing with
barking dogs, that ordinance would be followed.
Thompson also concerned with other types of noise which may be annoying to public may
open the door to many complaints dealing with various noise issues. Clements stated that the
way the ordinance is written, the Chief of Police has to make a determination that this is a
chronic nuisance. Nolte stated that unnecessary noise is defined as what a reasonable person
would determine to be unnecessary noise.
Thompson suggested that there be a time period indicated in this ordinance dealing
specifically with problematic chronic noise. Council discussion regarding the elements of
noise, normal day business noise versus neighborhood disturbances.
Councilor Hauck explained that the proposed ordinance does not make any changes in the
city's current noise ordinances.
Council Adjourned Meeting 8-14-96 3
Nolte explained to council the time line of eviction of notification of property owners. Stated
that the landlord should use the proposed ordinance as a tool to help evict a tenant. Clarified
that the ordinance states that the city has to prove three factual incidences that occur on the
property before the city can begin the process.
Laws felt council should be aware of the possibility of improper discretion used by the Police
Chief and Police Department. He noted his confidence in city government, but felt the
council should be aware and suggested a possible sunset clause for review on the proposed
ordinance.
Mayor Golden and council discussed if ordinance should be reviewed with feed back from
Chief of Police in one year. She questioned, how the cost of the city of investigating and
correcting or attempting to correct the condition, has anything to do with establishing the
length of closure of the property. Nolte explained that it doesn't, this language was
borrowed from the civil fines at the suggestion of some of the landlords. It does have some
connection as to how much the civil fines would be imposed upon a landlord. Golden
suggested that this be eliminated under chapter 9.18.030 as it is also included under chapter
9.18.050.
Council requested that the ordinance be amended that notices be sent out registered letter
with return receipt.
Councilors Laws/Thompson m/s to add sunset clause of one year to the proposed
ordinance. Roll Call vote: Hauck, Thompson and Laws, YES; Hagen, NO. Motion
passed: 3-1.
Councilors Laws/Thompson m/s to adopt Ordinance//2784 as amended in the last
packet and the following amendments including the sunset clause, notices sent out by
registered mail with return receipt and remove civil fine language from chapter
9.18.040. Roll Call vote: Hanck, Hagen, Thompson and Laws, YES. Motion passed.
Second reading by title only of "An Ordinance repealing Chapter 2.20 of the
Ashland Municipal Code entitled Community Hospital Board."
Councilors Thompson/Laws m/s to approve Ordinance//2783. Roll Call: Hagen,
Thompson, Laws and Hauck, YES. Motion passed.
Second reading by title only of "An Ordinance amending the Fire Prevention
Code, Chapter 15.28 of the Ashland Municipal Code."
Councilors Hauck/Hagen m/s to approve Ordinance//2785. Roll Call: Thompson, Laws,
Hauck and Hagen, YES. Motion passed.
Council Adjourned Meeting 8-14-96 4
First reading of an ordinance withdrawing an annexed area for Jackson County
Fire District No. 5. (Access Annexation)
City Administrator Brian Almquist read first reading of ordinance.
Councilors Hauck/Laws m/s to approve first reading and place on agenda for second
reading of ordinance. Roll Ca!l: Laws and Hauck, YES; Thompson and Hagen, NO;
Mayor, YES. Motion passed 3-2.
Reading by title only of "A Resolution approving the formation of the Oregon
Public and Cooperative Utility Association and authorizing membership in the
Association.
Councilors Hauck/Laws m/s to approve Resolution #96-38. Roll Ca!l: Laws, Hauck,
Hagen and Thompson, YES. Motion passed.
Reading by title only of "A resolution approving a right of way easement to the
Forest Service for a section of Loop Road above Morton Street".
Councilors Laws/Hauck m/s to approve Resolution #96-39. Roll Ca!l: Hauck, Hagen,
Thompson and Laws, YES. Motion passed.
Contract with ODOT and SOSC for improvement of Indiana/Wightman/Siskiyou
intersection.
City Administrator Brian Almquist noted for council minor amendments to the contract.
Councilors Hagen/Laws m/s to approve Mayor and City Recorder to sign amended
contract. Roll Call: Hauck, Hagen, Thompson and Laws, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
None
ADJOURNMENT
Meeting was adjourned at 8:15 p.m.
Barbara Christensen, Recorder
Catherine M. Golden, Mayor
Council Adjourned Meeting 8-14-96 5