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HomeMy WebLinkAbout1994-0705 REG MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL July 5, 1994 CALLED TO ORDER Mayor Golden called the meeting to order at 5:03 p.m. ROLL CALL Councillors Laws, Reid, Hauck, Acklin, Winthrop and Arnold were present. APPROVAL OF MINUTES Minutes of the Regular meeting of June 21, 1994 were amended to read: Public Hearing, page 2, ¶3, change "He was in favor of..." to "He was opposed to..."; New and Miscellaneous Business, item #1, page 3, ¶2, insert "Laws/Arnold m/s to accept reports presented and have staff gather the information... ". Minutes were accepted as amended. CONSENT AGENDA 1. Minutes of Boards, Commitions and Committees. 2. Monthly departmental reports - June, 1994. 3. City Administrator's Monthly Report - June, 1994. 4. Adoption of rmdings of fact, conclusion and order for PA//94-057, a conditional use permit and site review for an electrical substation on Mountain Avenue (City of Ashland, applicant). Councillor Winthrop requested Item #4 be moved to New Business. Councillors Winthrop/Reid m/s adoption of Consent Agenda items #1-3. Voice vote all AYES. Motion passed. PUBLIC HEARINGS 1. Proposed adoption of revised water rate schedules. Director of Finance Jill Turner presented information on proposed adoption of revised water rate schedules. Raise in rates is needed for planned bond sale; in anticipation of limits imposed under new tax law ("Son of 5"); guarantee "rate covenant" enough to be raised to cover debt service. Turner advised Council that it was possible there would no increase needed for at least 2 years. Turner noted that the "block design" rate schedule was chosen. Public Hearing was opened at 5:15 p.m. Rick Landt, 487 Rock Street, spoke to Council in support of water rate increases. He requested that in addition to tiered water rates, Council consider seasonal rates that would be increased during summer months and decreased during winter months. (r:Minutes\7-5-94.min) page 1 Public Hearing closed at 5:25 p.m. Councillors Acklin/Reid m/s adoption of Resolution 94-44. Councillor Reid suggested a need for a Conservation Commission to be established. Roll call vote: Laws, Reid, Hauck, Acklin, Winthrop, Arnold YES. Motion passed. PUBLIC FORUM: Business from the audience not included on the agenda (limited to 3 minutes per speaker and 15 minutes total). None. UNFINISHED BUSINESS 1. Staff report on recommendation on admini~ration of low-income heating assistance program. City Administrator Brian Almquist read the memorandum from Senior Program Director Sharon Laws recommending City administration of program. Councillors Arnold/Winthrop m/s approval of staff recommendation. Voice vote all AYES. Motion passed. Report from City Attorney on application of ADA to proposed pedestrian walkway on Clark Avenue (PA//94-056, Don Greene , applicant). Continued to July 19, 1994 meeting. 3. Set date for study session for sewage treatment alternatives. Continued to July 19, 1994 meeting. Consent Agenda item #4. Adoption of f'mdings of fact, conclusion and order for PA //94-057, a conditional use permit and site review for an electrical substation on Mountain Avenue (City of Ashland, applicant). Councillor Winthrop suggested changing findings to read: page 8, ¶8.6 ... "Even if it were to be considered, we find that 14~ construction of the substation will not cause significantly greater exposure of EMF to adjacent properties or to the public, using the park or Mountain Avenue. is ncgligiblc. Councillors Arnold/Winthrop m/s to approve amended adoption of findings of fact, conclusion and order. Voice vote all AYES. Motion passed. (r:Minutes\7-5-94.min) page 2 NEW & MISCELLANEOUS BUSINESS 1. Letter from Arthur Anderson and Chris Wood requesting that City Council overturn Parks & Recreation Commi,~sion rule regarding dr. mmlng and amplified in~ruments in Lithia Park. Councillor Laws asked what authority Council has over Parks & Recreation Commission rulings. City Attorney presented AMC 10.68.030 for clarification on process. Speaking in opposition to the ban on drumming: Arthur Anderson, 13 N. Main #1, read his letter to Council opposing the ban on drumming. Anderson also stated he supports drumming, but is more concerned with what he perceives as the complaints from a few people effecting the actions taken by the Police Department and the Parks & Recreation Commission at the expense of those in favor of drumming in the Park. Kenneth Baldwin, 917 Buckhorn Road, Happy Camp, Caiifomia, supports outdoor drumming and feels it is a part of Ashland's cultural mix. Gwen Davies, 860 Harmony Lane, read her letter to Council opposing the ban on drumming. She requested one standard be imposed. Kim Clough, 134 Church Street, spoke in opposition to the ban on drumming and to moving drumming to another location. Gina Dusenberry, 343 Granite Street, spoke in opposition to the ban on drumming. She lives on the perameter of Lithia Park and has experienced a variety of musical instruments being played in the Park at different times. She hopes the Council will honor all types of music. Pam Vellutini, 181 Patrick Lane, is an elementary school teacher in Ashland School District who teaches drumming to students. She has found drumming to be a therapeutic exercise for at-risk students to aid in their emotional expression. Patricia Aulik, 456 N. Laurel, is a percussion teacher. Malana Kim Love, 2471/2 N. Laurel, is a drumming student. Katrina Hill, 477 Scenic Drive, spoke in favor of drumming being allowed in Ashland Parks. She suggested the Bandshell be used for "casual" drumming during unoccupied hours and asked that specific hours be designated. Chris Wood, 121 Strawberry Lane, spoke in favor of drumming being allowed in Lithia Park. He is an acoustic consultant. Wood was the individual that contracted with the Parks (r:Minutes\7-5-94.min) page 3 Department for the drumming event on June 18. He hoped a compromise solution could be negotiated. A letter from Frances Sharkey and Louise Samuelson, 163 Granite Street, was made part of the record. Speaking in favor of the ban on drumming: Robert J. Malone, 47 Granite Street, Parks & Recreation Commissioner, spoke to Council on background process for decision made by Commission. Commission had decided after weighing effects of drumming being allowed versus other varieties of parks use. A compromise solution is being considered to allow drumming in the center field area of the Ashland Middle School property during non-school hours. Councillor Reid stated neighbors on Granite Street felt a compromise had been reached regarding this issue. They understood that drumming would be allowed during certain hours. Councillor Winthrop stated Council should defer to the Parks & Recreation Commission's decision. Councillor Winthrop suggested Parks & Recreation Commission present further information to Council during the July 19 Council meeting. Councillor Amold asked that Council postpone any decision until the Parks & Recreation Commission can be present during the July 19 meeting. Councillor Laws stated he was concerned by the letter of appeal and would defer to the decision made by the Parks & Recreation Commission unless there appeared to be a glaring error in that decision. Councillor Hauck supported a reasonable regulation and feels a complete ban is discriminatory. Councillor Acklin stated the right to peace and quiet in the Parks needed to be acknowledged as necessary, too. Councillor Acklin hoped the Parks & Recreation Commission would be open to a compromise resolution. Councillors Winthrop/Reid m/s to continue this discussion in conjunction with the Parks & Recreation Commission at the July 19 Council meeting. Voice vote: Laws, Reid, Acklin, Winthrop, Arnold YES; Hauck NO. Motion passed. Letter from Brent Thompson requesting permi~ion to sandblast building exterior in the downtown area between 12 midnight and 9:00 a.m. City Administrator Almquist stated it was not necessary to bring this request before Council because the AMC referred to construction noise in residential areas and this would take place (r:Minutes\7-5-94.min) page 4 in a commercial district. Councillor Acklin has information on damaging effects of sandblasting historic buildings and will provide it to Almquist. Almquist will notify Brent Thompson with the information. Letter from Glen M. Ward requesting reconsideration of agreement to exchange access easement relocation on city-owned !and for City water connection. Glen M. Ward, 537 Dead Indian Memorial Road, read his letter to Council requesting Council reconsider his original request. This property has three wells that have failed. Water has been trucked in to property for last six years. City previously allowed water connection to Ashland Bible Church on Dead Indian Memorial Road and to Ashland Vineyards on East Main Street. Councillor Reid moved to reconsider the request. Motion died for lack of a second. Council discussed pros and cons of establishing set policy on selling water to residents outside of City limits. George F. Ward, 841 Beswick Way, requested Council reconsider policy to allow "good faith" policy between Ashland Municipal Airport property and the property at 537 Dead Indian Memorial Road to continue. Fire protection at airport is of concern to City and to Ward family. ORDINANCES. RESOLUTIONS & CONTRACTS 1. Second reading by title only of "An Ordinance establishing a Municipal Electrical Program for the Admini~ration and Enforcement of the Electrical Code". Councillors Hauck/Arnold m/s adoption of Ordinance 2738. Roll call vote: Laws, Reid, Hauck, Acklin, Winthrop, Amold YES. Motion passed. Second reading by title only of "An Ordinance mending the franchise with TCI Cablevision regarding PEG access fee". Councillors Hauck/Arnold m/s adoption of Ordinance 2737. Roll call vote: Laws, Reid, Hauck, Acklin, Winthrop, Arnold YES. Motion passed. , First reading by title only of "An Ordinance adding Section 15.04.110 to the Ashland Municipal Code to adopt Oregon park trailer installation standards, recreational vehicle accessory structure and accessory building standards and Oregon recreational vehicle siting standards; providing for the issuance of permits and the collection of fees. Continued to July 19. (r:Minute, s\7-5-94.min) page 5 4. Reading by title only of "A Resolution adopting Water Rate Schedules pursuant to Section 14.04,030 of the Ashland Municipal Code". See Public Heating item. 5. Reading by title only of "A Resolution adopting a Transportation and Storm Drain Utility Rate Schedule pursuant to Section 4.26,020 of the Ashland Municipal Code". Continued to July 19 meeting. 6. Reading by title only of "A Resolution authorizing the acquisition of an easement for the purpose of construction of the Ashland Municipal Airport tie-down apron expansion and taxi-way connector". Councillors Hauck/Laws m/s adoption of Resolution 94-45. Roll call vote: Laws, Reid, Hauck, Acklin, Winthrop, Arnold YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS Councillors Winthrop/Hauck m/s to place memorandum from City Attorney regarding Sullivan v. City of Ashland, LUBA No. 94-034 on Agenda. Voice vote all AYES. City Attorney reviewed memorandum with Council. Councillors Acklin/Arnold m/s to approve recommendation to appeal LUBA decision to the Court of Appeals. Voice vote all AYES. ADJOURNMF~NT Meeting was adjourned at 7:10 p.m. Catherine M. Golden, Mayor (r:Minutes\7-5-94.min) page 6