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HomeMy WebLinkAbout1984-0717 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL July 17, 1984 ROLL CALL APPROVAL OF MINUTES POSITION 1 NOMINATION PUBLIC HEARING Drive~up Windows LIQUOR LICENSE APPLIC- ATIONS - Red Pepper Cantina Andre's RestAurant SHALOM CENTER REQUEST Mayor Medaris 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. Present were Reid, Acklin, Smith, Dale and Laws. Acklin moved to approve minutes of the regular meeting of July 3, 1984 and Smith seconded the motion which passed unanimously on voice vote. Reid nominated Phil Arnold to fill the Position 1 vacancy. Laws nominated Everett Elerath. Acklin moved to close nominations, Laws seconded the motion which passed unanimously on voice vote. The Mayor called for the vote on Elerath and Laws and Smith voted in favor. Reid, Dale and Acklin voted in opposition. Council voted unanimously for Arnold on voice vote. Mayor gave Oath of Office and Arnold accept- ed the position. Planning Director Fregonese reviewed the history of the drive-up window issue. A memorandum from Councilmember Dale was read in which a proposed addition (#8) was added to specify the number of win- dows allowed based on a population ratio. Dale noted that the growth factor had not been addressed and this proposed criteria will not affect any current applications. The public hearing was opened and there was no comment from the audience and the hearing was closed and turned back to Council for discussion. Reid asked about the number of windows being allowed at banks and asked if additional lanes/ windows would be considered a new request. Fregonese said the sub- ject was discussed in previous meetings/hearings and said that in an effort to limit time spent at windows it was necessary to have more lanes and said technically there would be no more impact. Smith moved to include Dale's proposal; Laws seconded the motion which passed with all AYES except Acklin on voice vote. Dale moved that staff be instructed to bring back ordinance; Smith seconded and motion carried with Reid, Smith, Dale and Laws voting in favor; Acklin opposed. The City Administrator noted there is a confidential memo on the table relative to a delinquent tax situation and indicated that Jackson County has a policy of withholding liquor licenses where delinquent taxes exist. It was noted that the applicant, Manfred Schulze was not present so Laws moved to defer until Schulze or a representative could be present; Dale seconded the motion which passed unanimously on voice vote. Almquist noted that the Police report on the subject application had not been received and recommended approval contingent upon positive report from Police Department. Reid moved to approve; Smith seconded the motion which passed unanimously on voice vote. A letter requesting consideration of a waiver of the business license fee for Shalom based on exempt status because the Counselling Center is non-profit. The non-profit organization criteria was discussed and Arnold said that a waiver of the fee would be an appropriate policy for Council to take in such cases. Salter said the ordinance doesn't address professional non-profit organizations. Don Holmes spoke as coordinator of Shalom's Ashland office saying there is no profit and ........ continued 7/17/84 po 1 Regular ~j~eting Ashland City Council 7/1Z/J%~ P. 2 SHALOM CENTER REQUEST continued LONDON BUS/HISTORIC TOURS WATER SERVICE REQUEST (Fordyce Street) "A" ST. PROPOSALS salaries had been cut 33% because many clients were unable to pay or donate. Marilyn Lenihan noted the Ashland Community Clinic has never been asked to pay a business license fee and their positions are the same. Almquist said he would work with the City Attorney and come up with language changes. Laws moved to grant request and that staff clarify language; Reid seconded the motion. Ed Chapman, 113 Pine St., said the ordinance is clear and sees no reason for clarification. Salter said it could be misunderstood and changes could be made to preclude that from happening. On voice vote the motion passed unani- mously. Almquist noted that if any other non-profits have paid the fee, they will be reimbursed. A letter from Kurt Barats was read requesting approval to conduct historic tours with a London double-decker bus was reviewed. Barats reviewed his background and said that he and his partner Mark Patton have been working on the plans for a historic tour of the City since last October and to date have a narrative worked up by Historian Marjorie O'Harra for operation of the London bus in the summer season of 1985. Barats submitted a brochure giving specs of the bus and said that a one hour fixed route tour is planned and that passengers will be picked up and dropped off at the Plaza and the people who go to the plays can see other parts of Ashland they wouldn't know exist during their visit. Patton said they are asking for the sole right to operate a fixed route tour and said they are open to input from Council so the plan can be put into operation in 1985. Reid said she didn't think Council could grant a franchise but she would be happy to work on a committee. Salter agreed with Reid saying that because of possible antitrust problems we could not give a franchise. Smith said the English style of the bus is more in keeping with the Shakes- pearean theme of Ashland than the cable car proposal. Dale voiced concerns as they relate to traffic saying he didn't know if he could support the proposal but that it was well presented. Taxi franchise holder Perkins had no comment on the proposal. Reid said she voted against the last proposal because a public address system would dis- turb residents and they should have input but noted this vehicle is closed. Dale moved to deny application; Smith seconded the motion. On voice vote Dale voted in favor of denial and Arnold, Reid, Laws and Acklin voted in opposition. Motion failed. Laws moved to call for a public hearing on the question for August 7, 1984; Reid seconded the motion which passed unanimously on voice vote, (Note:Later in the meeting the public hearing date was changed to August 21 on request of the applicant). City Attorney Salter said he had communicated with Attorney Eads and they decided to ask that the matter be deferred to gather more information and Council agreed. Almquist recommended tbat the proposals received for "A" Street prop- erty be turned over to the Real Estate Committee for working out details and reporting back to Council. Laws so moved; Smith seconded the motion which passed with all AYES on voice vote. 7/17/84 P. 2 Regular Meeting Ashland City Council 7/17/84 P 3 COUNCIL GOAL #5 (Sewer System Update) BPA RATE PROCEEDINGS LIQUOR LICENSE PROCEDURAL ORDINANCE (DRAFT) of Almquist read a memo stating that the fifth goal/Council to update the Sewer System Study has been estimated by CH2M Hill to cost about $45,000. Almquist said that proposals will be sought from qualified engineering firms and that the funds are available from accumulated systems development & annexation charges. Council discussed costs and Reid asked Alsing if the study would include private sewers which might be leaking etc. and Alsing said that the study is for the City's system and would not include laterals into private properties. Alsing said the study will be used for a guideline as the City grows. Reid moved to approve; Smith seconded the motion which passed unanimously on voice vote. The City Administrator read his memo relative to the 1985 BPA Rate proceedings recommending that staff be authorized to join in with cities in a joint effort of the Northwest Winter Peaking Utilities at the BPA rate proceedings for 1985. Almquist noted that Ashland's share would amount to between $3,500-4,000 but it would be money well spent. Laws moved to approve request; Reid seconded the motion which passed unanimously on voice vote. On question of Reid as to whether Councilmembers may attend various meetings, Almquist said ocassion- ally it may be beneficial. A memo from Councilman Dale was read with draft ordinance and resolu- tion setting permit fees approved by Motion Picture Cor~aittee for adoption by Council. The draft ordinance and resolution were dis- cussed by Council and Reid recommended changes in Section 6.32.030 "B" contending that as written the section would preclude other studios and media which are not in business in Ashland and a special permit should be necessary after certain hours to protect neighborhoods from intrusion during/after the dinner hour and childtens' bedtimes. Laws said a special permit couldn't be turned down so they would be filming anyway and all the City would be accomplishing would be to receive more revenue. Council discussed language and Reid suggested a criteria stating "from sunup to sundown" be used for reasons out- lined. Salter said under Section 6.32.030 an item "E" could be added to deny permission should the action disturb or interfere with health, safety and welfare of citizens. Almquist noted 6.32.060 must be read in conjunction with the resolution. Smith moved to defer back to the Motion Picture Committee for working out details as suggested by Reid; Arnold seconded the motion which passed without opposition on voice vote. PUBLIC SAFETY DEPT. STUDY SESSION A study session was set for July 31, 1984 at 7:30 p.m. and Reid asked that she be informed on patrol changes along with building/ office reorganization. 7/17/84 P. 3 Regular M~_~eeting Ashland City Council 7/177.[4 P.4 TRAFFIC SAFETY RECOMMENDATIONS PUBLIC FORUM ILLEGAL SIGN - QUILT SHOW AT METHODIST CHURCH ORDINANCES, RESOLUTIONS AND CONTRACTS Kensington/Ashland Business Park Assess. Airport Commission Motion Picture Res. Motion Picture Ord. A memo from the Traffic Safety Commission was read recommending that "Yield" signs be placed on certain side streets where they enter collector streets and Acklin moved to approve; Arnold seconded the motion which passed unanimously on voice vote. "Spud" Corliss noted that the Garden Club had received a letter from the City asking it to formally apply for waiver of rental fees on use of the Community Center building at 59 Winburn Way after having been assured that the fee would be waived during a Council meeting when the Community Center operation was discussed. Cerliss said the Garden Club has continually worked to beautify the City by planting flowers and maintaining Bluebird Park etc., and they feel disappointed that there were not automatically given the opportunity to continue use of the Center where they have met for years without charge. Almquist said under the new procedures it was necessary to treat all of the organizations alike to preclude friction and that this should be a good opportunity to publicize the various activities of the Club so the City and residents will be aware of them. Council agreed. Maxine Kincaid reported that the directional sign used for the past six years for the quilt show was found to be in violation of the Sign Ordinance and asked that use of the sign be continued until after the July 25 show. Kincaid noted the show is for display and nothing is sold and monies from ticket sales are used for donations benefitting the community with some funds used for the church. Reid moved to place on the agenda; Acklin seconded the motion. City Attorney Salter said it is an exempt sign since it does not have a commercial message. Motion to place on agenda passed unanimously and Laws moved that Almquist review ordinance relative to noncommercial signs; Arnold seconded the motion which passed unanimously on vioce vote. Kurt Barats returned to the meeting and asked that the public hearing date set for August 14 be changedto August 21 to consider London bus proposal and Council agreed to change in date. Second reading by title only was given an ordinance levying special benefit assessments in Kensington and Ashland Business Park Subdivis- ions and Laws moved to adopt; Acklin seconded. Arnold abstained and the motion passed with Reid, Dale, Acklin, Laws and Smith in favor, First reading was given an ordinance establishing an Airport Commiss- ion and Acklin moved for approval and noted that Arnold had abstained and it is not called for in the Charter; Smith seconded the motion which passed unanimously on roll call vote. Mayor Medaris asked the Press to publicize the two vacancies and ask for resumes for position. Deferred and sent back to Committee. Deferred and sent back to Committee. 7/17/84 P. 4 _ Regular-Meeting Ashland City Council 7/1~J84 P.I Trans. of Appropriations Lithia Park Village Geotechnical engineering COUNCIL BUSINESS POSITION 1 NOMINEE PRESS CONFERENCE ADJOURNMENT Nan E. Franklin City Recorder A resolution transferring appropriations within a fund was read and Acklin moved for adoption; Smith seconded the motion which passed without opposition on roll call vote. Salter reported that he and Public Works Director Alsing have spent a good deal of time interviewing engineering firms qualified to assess the Lithia Park Village Subdivision for possible erosion and safety measures to implement to assure the City that the site is geotechnic- ally stable. Salter said in addition to the estimate of $7,935.00 cost for initial work that Council might expect subsequent costs to add up to between $10,000-13,000 before the job is completed. Salter also noted that the firm of Shannon & Wilson has asked that a "hold harmless" clause be added to the eontract. Smith moved for approval of contract and authorization for Mayor and Recorder to sign; Acklin seconded the motion which passed unanimously on roll call vote. Councilman Laws reported there have been con~nents in the news about the condition of the Library grounds and it is a problem which should be discussed. Smith moved to place the item on the agenda; Reid seconded the motion which passed unanimously on voice vote. A1 Will- statter read notes written by the late Carol Alderson who was Librar- ian at the time indicating the City was to budget monies for landscape care. Almquist said that at one time there was provision in the Budget but for some reason the item was dropped over the years. Reid said she had spoken to Commissioner Barnes and was told the County will look into it. Acklin said the County takes care of the Medford Library grounds. Council discussed problems noting information that large plants are dying and that there are broken pipes etc. Laws suggested the City crews follow up needs immediately with authorization by the City Administrator so as to have the work done by Thursday. Laws moved that staff take necessary action on landscape problems; Reid seconded the motion which passed unanimously on voice vote. The Director of Public Works said the City should look further at other problems with the Library saying hours the Library is open are shrinking as well as personnel etc. and should we not keep close attention the library could shut down. Councilman Phil Arnold noted it is an honor and privilege to have been selected for service on the City Council and he will make a strong effort to do a good job. Tidings reporter Johnstone asked for clarification on public hearing set for London bus proposal and asked if other proposals would also be considered. Medaris said the hearing is specifically for the applicants with the London bus proposal. Laws said the reasons for not following up with a public hearing on the cable ~ar proposal was that the vehicle was an imitation for one thing and that the open car would intrude into the residential areas with public address system. The meeting adjourned at 10:25 p.m. Mayor 7/17/84 P. 5