Loading...
HomeMy WebLinkAbout1993-0420 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL APRIL 20, 199~ CALL TO ORDER: Mayor Catherine Golden called the meeting to order at 7:30 P.M. on the above date in the Council Chambers. Laws, Reid, Hauck, Acklin, Winthrop, and Arnold were present. APPROVAL OF MINUTES: The minutes of the Regular Meeting of April 6, 1993 were accepted as presented. CONSENT AGENDA: Arnold moved to approve same as follows: 1) Minutes of Boards, Commissions & Committees; 2) Departmental Reports - March 1993; 3) Liquor License Requests: a) Paddington Station, 125 E. Main Street. Acklin seconded, all AYES on voice vote. PUBLIC HEARING: Street Improvement L.I.D. #65 Final Assessments (Tolman Creek Road & Ashland Loop Road). Asst. City Engr. Jim Olson gave a brief history of the project and said the bid came in higher than the original engineer's estimate and the final cost per front foot is $68.38 for commercial and $55.06 for residential. City Admin. Almquist received letters from the non-profit organizations and said the City Council exempted them from the signal district but not the street improvement district. Tolman Creek Road. The public hearing was opened and Zach Brombacher, 640 Tolman Creek Rd., reviewed a letter he submitted for the record demanding that Albertson's pay the same per front foot cost as the other commercial properties, and opposing the "break" given to residential properties. Mike O'Brien, President of the YMCA Board, asked that the YMCA be excluded from the district and said their parking lot serves as overflow for city park activities. A letter was read from Estelle Richards, 463 Tolman Creek Rd., asking about using the street fund to pay for the curb, gutter, and sidewalk, and said her business does not benefit from the improvements. Dennis Cooper, 1983 Crestview Dr., owner/manager of Tolman Mobile Park, reviewed his letter included in the record, and said the final front foot cost should be reviewed again for accuracy. He does not feel the assessments are equitable. On a question from Reid, City Attorney Nolte said the ordinance now provides that if a bid for the total project comes in more than 10% over the original engineers' estimate, the City must make up difference. There being no further comment from the audience, the public hearing was closed. Olson gave examples of how the original unit price estimates differed from the final costs. Acklin said this information is helpful in understanding the change from the estimated cost to the actual cost. Arnold asked that staff contact Dennis Cooper and answer his questions. Laws noted that the 10% overage is total project cost not individual front footage. Reid said this information should be clarified in the public notice. Ashland Loop Road. Olson said the bid was extremely high and deleted from the City's 1991 Street Improvement Project contract. A single property owner, Doug Neumann, secured a contract and the work was completed. He is requesting that the City pay the overage which is due to the design engineer's error. On a question from Arnold, Olson said the City is not responsible for this error. The public hearing Regular Meeting - Ashland City Council - April 20, 1993 - 1 was opened, and Doug Neumann, 500 Ashland Loop Rd., requested that the assessment be decreased by $5700.00, as he assumed the City would oversee the project. On a question from Winthrop, Neumann said the road needed to be improved if he wished to split his property. There being no further comment from the audience, the public hearing was closed. Winthrop said he is satisfied that the complications noted are in line with our policies, and moved to approve the final assessments for L.I.D. No. 65 for street improvements on Tolman Creek Road and Ashland Loop Road. Hauck seconded the motion. Arnold asked about exempting the non-profits from the assessment districts. Reid would like to look at this and disagrees that the Loop Road project only benefits one owner. A resolution was read by title only levying special benefit assessments in the amount of $240,169.81 (Tolman Creek Road) and $76,961.71 (Ashland Loop Road) for curbs, gutters, paving and sanitary sewer improvements in Local Improvement District No. 65. The motion passed as follows on roll call vote: Reid, NO; Laws, Hauck, Acklin, Winthrop, and Arnold, YES. (Reso. 93-14) UNFINISHED BUSINESS: Marketplace. Nolte said is has been determined that the city parking lot in question is zoned residential and the Ashland Marketplace will not be able to use it. On a question from Reid, Nolte said he had advised Rich Hansen of this. Rich Hansen, Gold N Gems, said there is an adversarial relationship between the plaza business owners and the city, he felt the wording in the published agenda was misleading, and there should be better communication between business owners and the City Council. Don Sauls, Pucks Donuts, said the parking ordinance is not being consistently enforced. Dave Bobb, American Indian Art Gallery, encouraged the Council to get to know business owners and their needs. Reid asked if the contract between the Parks & Rec. Commission and the Marketplace prohibited the latter from moving in mid-season if they find another location. Nolte will check on this. Golden said the Saturday and Tuesday markets bring more people into the downtown area. Acklin asked staff to confirm that the growers market is in compliance with their permit. Winthrop agreed that communication between business owners and the Council can be improved. NEW & MISCELLANEOUS BUSINESS: Proposed Vehicle Confiscation Ordinance. Winthrop said his request to research such an ordinance is a result of the drunk-driving crash which placed Angela Barber in a coma. He said the City of Gresham impounds uninsured vehicles and has had a dramatic positive effect. Arnold said it would be helpful to have data which shows the practical affect of such ordinances. Hauck would like to move forward and all agreed. Siskiyou Blvd. Bikelane. Arnold reviewed his memo which was included in the record and noted a draft letter to the Oregon Dept. of Transportation expressing the Council's concern about bicycle facilities on Siskiyou Blvd. Reid expressed concern that hedge plants not be planted in the Boulevard median, for vision clearance reasons. Acklin asked about other considerations prior to sending the letter, and Almquist said the lights which sit on the left-hand turn pockets will need to be moved. The Council agreed that a bikelane on Siskiyou Blvd. is important to the transportation network, Acklin moved approval of the draft letter, Hauck seconded, all AYES on voice. Regular Meeting - Ashland City Council - April 20, 1993 - 2 Acklin said many citizens are interested in this issue and should be involved. Winthrop agreed and commended Arnold for initiating action on this issue. Arnold said he is meeting with Mike Anhorn, ODOT, on April 26th at 1:30 at his office. All interested persons should attend. Mayor's Appointments. Laws moved to confirm the following appointments, Reid seconded, all AYES on voice vote: AirDort Commission: Re-appoint Merle Mills; appoint Paul Mace, John Yeamans. Band Board: Re-appoint Marvin Belford, Raoul Maddox, Glenn Matthews, and Dave Wight; appoint David Hoxie, Mike Knox. Bicycle Commission: Re-appoint Lowell Jones, Keough Noyes. Building Appeals Board: Re- appoint Gary Afseth, Robert Blankholm, Darrell Boldt, Peter Cipes, and William Thomson. Historic Commission: Re-appoint Jim Lewis, H.L. Wood; appoint Nan Hannon. Hospital Board: Re-appoint Dr. Bruce Johnson, Stephen Lunt, Judith Uherbelau. Planning Commission: Re- appoint Jenifer Carr, Brent Thompson. Senior Proqram Board: Re- appoint Madeline Hill, Matthew Kocmieroski. Sister City Committee: Re-appoint Frederica Barlaz, Keith Chambers, Jose Ferrer, Ken Jones, Grace Tapp-Kocks, Meredith Reynolds, Susan Rubinyi-Anderson, Sean Van Ausdall; appoint Gloria Thorpe. Street Tree Commission: Re-appoint David Chasmar, Susan Hunt; appoint John McClendon. Traffic Safety Commission: Re-appoint Walter Schraub; appoint Susan Beardsley- Einhorn. Use of Teen Center for Meals for Homeless. Almquist reviewed his memo included in the packet in which he outlined the following conditions for continued use of the center: 1) Due to scheduling conflicts, the meals will be held on Wednesday nights; 2) Marty Bryant to sign an indemnification agreement as prepared by the City Attorney; 3) Council consider whether insurance should be provided; 4) the necessary Health Department permit be maintained; 5) a brief written plan of the operation be provided; 6) the use shall be revoked by the City Administrator if the conditions are not followed or the facility is not properly maintained. Judith Stevens, 369 W. Nevada, encouraged City support of this project. Gary Morrell said there is a real need for this project and ask that the insurance requirement be waived. On a question from Acklin, Hauck said he works with an organization which does extension of insurance coverage and will research this possibility. Acklin moved to accept the Administrator's conditions of approval, and revisit the issue if insurance is a problem. Reid seconded the motion. Arnold expressed his appreciation to Marty Bryant and the other people working on this who demonstrate "the soul of the community". He asked about waiving the insurance requirement, Acklin withdrew her motion, and Reid withdrew the second. Arnold moved approval with Almquist's conditions waiving the insurance requirement. Reid seconded. Acklin requested Staff to contact the Parks Commission concerning the insurance requirement. All AYES on voice vote. Planning Director Confirmation of Appointment. A memo was read from Golden recommending the appointment of John McLaughlin as Planning Director. A letter read from Planning Commissioner Jenifer Carr in support of this action, and Golden noted that many other letters were received on behalf of McLaughlin. Reid moved to confirm the Regular Meeting - Ashland City Council - April 20, 1993 - 3 appointment, Hauck seconded, all AYES on voice vote. Public Mearing on 4% Option. A memo was read from the City Administrator recommending that a public hearing be held on May 4 regarding the proposed implementation of the 4% Prepared Food & Beverage tax. Laws so moved, Reid seconded, all AYES voice vote. PUBLIC FORUM: No comment. ORDINANCES. RESOLUTIONS & CONTRACTS: Brodeur Annexation. Second reading by title only of an ordinance withdrawing recently annexed property from Jackson County Fire Dist. 5 and zoning it E-l, Employment. Winthrop moved adoption, Arnold seconded, all YES on roll call vote. (Ord. 2708) Repeal Water Moratorium. Second reading by title only of an ordinance repealing Ord. 2252, the Northwest Ashland Water Moratorium Ordinance. Acklin moved adoption, Hauck seconded, all YES on roll call vote. (Ord. 2709) Levy Assessments - L.I.D. No. 65. Done earlier in meeting. OTHER BUSINESS FROM COUNCIL MEMBERS: Reid asked that a petition from Selma McAlaster, et al be placed on the next Council agenda concerning the improvement of Clay Street between Highway 66 and E. Main St. Arnold so moved, Reid seconded, all AYES on voice vote. A notice will be sent to those who signed the petition. Acklin expressed concern about funding sources for such a project. Hauck moved to reconsider the vote of April 6 on the second reading of the ordinance which amends the TCI Cablevision contract concerning a PEG access fee and Laws seconded. Arnold said the 2% utility fee will generate more money over a period of time than the PEG access fee, due to future increases in TCI program offerings. area started on last time which would provide 2% user tax, better deal for our cable access commission, over period of time will generate more money than PEG access fee, because TCI programs and offerings will increase. Hauck said the cable act gave local governments the right to regulate basic services, but FCC will regulate other services. He also said the FCC will set out an index rate based on competitive rates in parts of the country where cable companies do have competition. Laws feels the non-regulation provision was agreed to in good faith. Hauck said TCI will have to justify an increase which charges more than the index rate. The motion to reconsider the vote of April 6 passed as follows on roll call vote: Arnold and Hauck, NO; Acklin moved adoption of the ordinance, Winthrop seconded and the motion passed on roll call vote as follows: Laws, Reid, Acklin, and Winthrop, YES; Arnold and Hauck, NO. Winthrop noted that the Pacific Program will be held October 2-9 at Inn at Otter Crest. ADJOURNMENT: The meeting adjourned at ~:00 P.M. Nan E.'~n . ~lin Catherine M Golden City Recorder Mayor ( d, ',min\4-2(F93 ) Regular Meeting - Ashland City Council - April 20, 1993 - 4