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HomeMy WebLinkAbout1985-0122 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL January 22, 1985 ROLL CALL APPROVAL OF MINUTES PUBLIC HEARING Slusser Annexation COMMUNICATIONS Otis & Elizabeth Sts. Improvements Hillcrest St. Impr. Appeal of Sidewalk Assessment(Troutman) In the absence of Mayor Medaris, Council Chairman Laws led the Pledge of Allegiance and called the meeting to order at 7:30 P.M. on the above date in the Civic Center Council Chambers. Acklin and Smith were also absent. Bennett moved to approve minutes of the regular meeting of January 8, 1985; Reid seconded the motion. Elerath noted that the minutes were approved for the December 18, 1984 showing la unanimous voice vote and he had not voted since he wasn't in office for that meeting. Laws asked that the minutes be corrected to say they were approved. On voice vote the motion passed unanimously. City Administrator Almquist reviewe the request for annexation of Lots 1700 & 1800 located 400 feet west of the intersection of Hillview Dr. and Bristol Street and zone qhange to Single-Family Residential. Almquist noted that the lots are contiguous to the City and that a sewage pump station would be paid for by the owner and dedicated to the City for continuous maintenance. The request was approved by the Planning Commission and CPAC. The application for annexation, legal description, copy of staff report of the Planning Commission & CPAC, findings of fact and conclusions intro- duced at the hearing and maps were submitted and reviewed. Entered into the record were Findings and Orders of the Planning Commission dated December 19, 1984, Request for Annexation, Staff Report dated December 12, 1984, Appticant's Findings of Facts and Conclusions and Conditions. Almquist read the ten conditions and and added a condition relative to the site plan which Slusser has complied with. The public hearing was opened and there was no com- ment from the audience. The public hearing was closed and Elerath moved to approve application, adopt findings and direct staff to bring back ordinance; Bennett seconded the motion Which passed unanimously on roll call vote. Resolution later setting public hearing. Resolution later setting public hearing. The City Administrator read a letter from Betty Troutman appealing the assessment for sidewalk repair by the City and noted letters from the City Recorder and City Attorney attached. Troutman was present and said that she has written several letters to the City and never received a reply; that when the repair work was done on the sidewalk, the City dug into her bank causing erosion and she has had to scrape the mud from the'sidewalk to make it passable. Almquist noted there were public hearings during the time of the sidewalk repair project and Troutman said she was out of town when the hearings were held. Reid asked Troutman if some payment could be expected and Troutman said she can make no payment at this time. Troutman said the sidewalk at 355 High is in much worse condition than hers was and Almquist said they weren't all done at one time. ...... cent. 1/22/85 P.1 TROUTMAN ASSMT. cent. ST. CUT REQUEST WALKER AVENUE PAVING Elerath said he had checked the sidewalks in the area and the one next to 80 Wimer Street is in bad condition. Troutman said she conferred with Legal Services and learned that if her sidewalk was repaired and someqne else's wasn't that it could be a case of dis- crimination. On question of retaining walls, Alsing said the City does not install them. On Bennett's question of the City Attorney as to what the alternatives are, Salter said he doesn't feel the City has a right to waive interest but feels certain payments could be made which would include interest. Salter then reviewed foreclosure procedure saying that when mortgage holders are put on notice that foreclosure is necessary, money is usually avail- able because the City would be first in line to get proceeds from foreclosure and to ensure their investment they would make sure the assessment was paid. Salter sa~d the City cannot defer the assessment indefinitely or it in essence would be lending money to an individual. Troutman said there is a moratorium on house payments. Laws noted the City is limited in what can be done. Salter said that if anything less is accepted than the interest, the Bancroft Act would not be fulfilled and the Clty would not be acting within the spirit of the law. The City Recorder noted that arrangements have been made where people are unable to pay the usual installments set by formula. Elerath moved that any- thing less than $10.00 monthly installments be cause foreclosure; Reid seconded the motion which passed unanimously on roll call. Alsing said that other problem area sidewalks will be routinely done around town and the one on High Street will be looked at. Laws said that receipt of incoming mail should be checked. Bennett suggested that a telephone call would have clarified. Reid noted that the schoolchildren on top of Wimer need better access to get to school. to A request by C.P. National/cut new pavement at 750 Holly Street for new gas service was considered and Richard L. Reisinger was present to support the request saying that he had a request from people who have gas appliances and he would like to serve them. Council discussed and agreed the matter was not an emergency and Bennett moved to deny; Laws seconded the motion which~passed unani- mously on voice vote. The City Administrator read a letter written to Judith McKenzie relative to alternative formulas possible in street improvement costs proposed for property at 163 Walker Avenue. McKenzie asked why the street is being staked and marked now and Almquist said the Engineering Department are preparing estimates/specs to later put out to bid. Elerath noted he looked at the property owned by McKenzie and said it is valuable and could accommodate many homes and feels the City should proceed with proposal. A memo from the City attorney recommending criteria including that the costs should be based on 50% frontage and 50% area; assessment based on front- age of 160 feet and area of 16,000 sq. ft. over a 10 year period with payments billed semi-annually with the remaining property to be placed on special 20 year bond with the principle and accrued interest deferred until land is sold or leased; land is partitioned or subdivided; death of the property owner or the expiration of the 20-year period. Laws moved to have an ordinance drawn to include provisions outlined; Reid seconded the motion which passed unanimously on voice vote. Almquist gave first reading and Eler- ath moved to second reading; Reid seconded & all v~s on r~]] ~ll 1/22/85 P. 2 1064 Ashland Street Park property (Lord) Mayor's Appointments Senior Program Coord. PUBLIC FORUM ORDINANCES, RESOLUTIONS AND CONTRACTS State Revenue Sharing Glenwood Dr. Improve- ments Ordinance Postponed until February 5, 1985. Bennett moved to accept appointments; Laws seconded. Elerath objected to having names placed on table before meeting without time to study and moved to postpone until next meeting; Laws seconded the motion which passed unanimously on voice vote. Almquist read his memo relative to coordination of Senior Program and asked that Council approve. Reid said she had talked to Plan- ning Dir. Fregonese about Serena taking over some of the duties and Almquist said that her location would make such a proposal un- workable since during times of illness, vacation or other emergen- cies Frank would be on the site. Almquist added that the office space for the volunteer program would better suit it's needs and since many of the Seniors are also volunte&rs it would be best all around. Director of Public Safety Lively reviewed D'Entremont's qualifications saying that he is a natural for the work involving detail work etc. and that his Department will assist in any way possible. Almquist noted that D'Entremeont and Karen Taylor have come up with twelve area where volunteers can work. ~vis Clout- ier said she would like to see the same guidelines followed for the Senior Program activities. Laws agreed and said there may be problems for the next few months and it is hoped by July 1st there can be a long-term proposal and hopes that some experience can be had by Access' involvement. Laws also noted that Revenue Sharing monies may no longer be available in the next couple of years and that a whole new concept may have to be developed at that time. Laws said that D'Entrement is there to assist only and not to make policy or be anyone's boss. Confidentiality with the office arrange ment was discussed between the Senior Program clients and the volun- teers and Lively assured Council that D'Entremont is sensitive to that problem and perhaps changes can be made. Elerath said there are lots of retirees who may be volunteers who are not Seniors and who have expertise in various things. Bennett moved to approve proposed arrangement; Reid seconded the motion which passed unani- mously on voice vote. No response, Second reading by title only was given an ordinance electing to receive State revenue sharing funds and Laws moved to adopt; Elerath seconded the motion which passed unanimously on roll call vote. Second reading by title only was given an ordinance ordering the improvement of Glenwood Drive from Beach to the end of the existing pavement and Reid moved to adopt; Bennett seconded and motion passed unanimously on roll call vote. 1/22/85 P. 3 ORDINANCES etc. cont. Alley bet. 1st & 2nd Improvement ord. Second reading by title only was given an ordinance ordering the improvement of an alley between lot and 2nd Streets, So. of E. Main Street and Elerath moved for adoption; Bennett seconded the motion which passed unanimously on roll call vote. No. Campus Area Imp. ordinance Resolution Trans. of Approp. (Wage settlement Resolution on Otis & Elizabeth Improvement Resolution on Hillcrest bet. Holly & Iowa Improvement Resolution to Trans. Approp. within funds Second reading by title only was given an ordinance ordering the improvement of streets and parking facilities in the North campus area of S.O.S.C. and Reid moved to adopt; Bennett seconded the motion which passed without opposition on roll call vote. A resolution transferring appropriations within funds was read and Bennett moved to adopt; Reid seconded the motion which passed unanimously on voice vote. A resolution was read setting a public hearing for February 5, 1985 and Bennett moved to adopt; Reid seconded the motion which passed unanimously on roll call vote. A resolution calling for a public hearing on Feb. 5, 1985 relative to proposed improvement of Hillcrest Street and Atmquist noted the resolution should call for curb & gutter only. Laws moved for adoption; Reid seconded the motion which passed unani- mously on voice vote. A resolution transferring appropriations within funds was read and Reid moved to adopt; Laws seconded the motion which passed without opposition on voice vote. Resolution accepting Audit A resolution accepting 1983-84 Audit Report was read. Reid asked why there was such a delay in receipt of the report and Almquist said it was received in December. Council agreed that the Auditor should have the information to them sooner and asked the Adminis- trator to urge this be done. The resolution was postponed when Elerath called it to Council's attention that neither he nor Bennett were members of the Council for the period the Audit covered. PRESS CONFERENCE No comment. ADJOURNMENT Bennett moved to adjourn at 9:35 P.M. Nan E. Franklin Don Laws, Chairman City Recorder Acting Mayor 1/22/85 P. 4