Loading...
HomeMy WebLinkAbout1982-0406 REG MINMINUTES OF THE REGULAR MEETING ASItLAND CITY COUNCIL April 6, 1982 ROLL CALL Mayor Medaris led the Pledge of Allegiance and called the meeting to order at 7:30 p.m., on the above date in the Council Chambers. Present were Laws, Peterson, Howard, Dale and Acklin. PRESENTATION OF CERTIFICATE The Mayor publicly commended the Citizens Revenue Committee for OF APPRECIATION FOR CITIZENS their work and presented each with a Certificate of Appreciation. REVENUE COmmITTEE Mayor thanked the City Administrator and Staff as did Dr. Ethel Hansen, Chairman. PROCLAMATIONS Mayor proclaimed: 1) National Victim Rights Week in Ashland - April 18-24 2) Week of the Young Child - Arpil 5-9 3) Physical Therapy Recognition Day - April 14 APPROVAL OF MINUTES MINUTES OF BOARDS ETC. WINBURN CLOSURE July 4th Acklin asked that minutes of regular meeting of March 16, 1982 be corrected on page two relative to Economic Development to show motion to approve by her, Peterson seconded. Sims moved to approve minutes with correction for Mareh i6 and to approve minutes of the Executive Session of Ma~ch 26, 1982; Acklin seconded and the motion passed unanimously on voice vote. Laws moved to accept and place on file minutes of Boards, Commissions and Committees; Acklin seconded the motion which passed with all AYES. A letter from the Chamber was read requesting permission to close Winburn Way and Plaza for 4th of July activities and Laws moved to approve request; Howard seconded and the motion passed unanimously on voice vote. TID SIPHON LINE A letter was read from Parks & Recreation relative to needed repair of TID Siphon Line in Lithie Park. Commissioner Crawford said an erosion study had been done and that a request was made for repairs and Parks was aware that it was in the budget. Crawford said the matter was discussed in August at which time it was learned that ther~ was no money appropriated for the repairs. Crawford said they didn't know the project wasn't funded. Chairman Gary Nelson expressed con- cern over aesthetics and possible breakage of the pipeline and asked who would be responsible if the damage. Nelson said the possibility of a large tree falling over the open line is not a remote thing. He added that it is a legal liability since it is an attractive nuisance in the park setting. Nelson asked how long it would take to do the work in terms of days, weeks or months. Sears asked the Mayor if he remembered seeing the pipeline and what he thought and Medaris said he thought the work was going to be done but later under Stood the monies had been cut from the budget along with other pro- posed projects/repairs when the budget had to be scaled down due to failure of the bond issue. On question of when Alsing could get the work done he said that the design has not been done and that will take several weeks because of other work in the Engineering Depart- ment and after that the job would have to be put out for bid~. ..... continued 4/6/82 P. 1 %_egular Meeting Ash]and City Council 4/6/82 P. 3 TID SIPHON LINE LIQUOR LICENSE NEW & MISC. BUSINESS Water Heater Wrap Update MONTHLY FINANCIAL COMmeNT. Alsing said the appropriate time would be after TID is turned off and it can be done if the money is available. Mayor Medaris asked that line be monitored and shoring checked. Peterson asked that committment be made at this meeting on when the project will be done. Howard suggested "in house" labor and that Engineering Dept. work up the project so its ready to go. Laws reminded Council of the fact we are working with a budget and that therefore a commit- ment cannot be made at this time. Sears said he attended the budget meetings and the last word they had was that it was in the budget. Sears added they were never informed the work was not going to be done. Council discussed possibilities of legal problems if anything happened before the project is done and decided City's insurance is adequate. Peterson suggested that better communication be achieved through writing since on-going projects sometimes get forgotten when new ones are considered or begun. Peterson asked that Alsing keep in touch with Parks Department on status during Budgeting and asked for a report from Alsing when Engineering has started design work as soon as funding has been done by the Budget Committee. A memorandum was read from Chief Lively recommending approval of application of Change of Heart Resturant and Acklin moved to approve; Howard seconded the motion and the motion passed unanimously on voice Vote. ' Energy Conservation Coordinator Wandersch~ reported on status of water heater wrap program saying that he, John Great and Stuart Smith attended a school on conservation auditing and that they are now certified. Wanderschied said he has already 39 committed to weatheri. zation program and that will keep the auditors busy without advertis- ing. Wanderscheid reviewed the Street & Lighting program and said SOSC plans to do their own and will be charged about $5 per fixture for the recordkeeping the City does for the program. Wanderscheid outlined need for a computer program to facilitate calculations and said it would increase progress in the program and could be used by the Planning Department. Wanderscheid asked that Fregonese elaborate Fregonese outlined the capabilities of a computer, and cited the need for word processing with the volumnious workload which must be processed in the Planning Department and the advantages of having data available without research time expended. Fregonese said the Radio Shack Model II would be versatile in that there are large amounts of software available. Fregonese said it would probably take a year to feed all data into a computer program but after that the machine would be invaluable. Fregonese said the cost of the computer would be about $6,000 and that grant monies in the amount of $8,000 could be used for this prupose. On Laws question as to Whether this system could be used by the City, Fregonese said the computer he has reference to would not be as large as the City would need. Howard moved to approve request for $6,000; Acklin seconded tbe motion which passed unanimously on voice vote. Financial Commentary accepted. No action necessary. 4/6/82 P. 2 Regular Meeting ~shland City Council 4101~j_~: F. J QUITCLAIM DEED TO KACY'S IT.City Attorney Salter recommended approval of the Quitclaim Deed to Kacy's based on surveyor error in the past. Sims moved to recommend authorization of signatures of Mayor and Recorder; Peterson seconded the motion which passed unanimously on voice vote. ELECTRIC RATE ORDINANCE Memorandum on proposed electric rates submitted and City Administrato said the ordinance would be placed on 4/20 agenda. INVERTED ELECTRIC RATES Memorandum on inverted electric rates submitted and City Administrato said inverted rates would be placed on 4/20 agenda. DISASTER PREPAREDNESS PLAN Chief Lively presented Council with Disaster Preparedness Plan for 1982 and said it would be updated as necessary. Warren Lomax was commended for his months and years of voluntary service to the community through his Civil Defense efforts. PUBLIC FORUM Quarry Operation Perry Prince, 235 Granite Street reported that considerable mining is being done in the Granite Street Quarry owned by Westergard and that the noise from the exhaust is intolerable. Prince said that the hillside is being bored into and quickly disappearing. Prince sa~d also that there must be regulations for such a quarry operation and asked City what controls exist. The City Administrator said that some time ago researnh on the operation was done at the request of Vaughan Bornet and it was learned that the quarry was grandfathered in because of its pre-existing status. Council asked FregoneSe to gather information and return with report. Prince said he can't even open his windows for the dust pollution. ORDINANCES, RESOLUTIONS & CONTRACTS Dust & Trackout Controls An Ordinance amending Section 9.08.060 of the Ashland Municipal Code was read in full relative to Nuisances Affecting the Public Health pertaining to Dust and Trackout Controls. Laws moved to second read- ing; Acklin seconded. Allen Redfield asked how the Ordinance could be enforced when unpaved streets and driveways exist all over to~. Almquist said this Ordinance is for construction sites essentially and Alsing agreed on the need for protection of storm drains etc. Almquist said it would make contractors aware of their responsibility Alsing said there is no way at present to deal with the problem and its causing operational difficulties. On voice vote, all AYES. RESIDENTIAL WOODBLrRNING ON CERTAIN DAYS The City Administrator gave first reading in full of an Ordinance amending Section 9.08.060 of the Ashland Municipal Code relative to nuisances affecting the public health - residential woodburning on certain days and explained the Ordinance is patterned after the 'Jackson County criteria recommended by DEQ and Medford-Ashland AQMAo Almquist explained that the criteria in #1 of the Ordinance happened only once and that was during a forest fire in 1977. Of #2 Almquist said that there were seventeen ocassions last years that such a con- dition existed and said that #2 could be deleted or modified should Council wish. Almquist said that the Ordinance could be deferred until Merlyn Hough could appear at the next Council meeting to review previous report from Dept. of Environmental Quality. .......... continued 4/6/82 P.3 Regular Meeting Ashland City Council 4/6/82 P. ~ RESIDENTIAL WOODBURNING cont. Walker Annexation ous area) (Contigu- Walker Annexation (With- drawal from Fire Dist.) Acklin suggested #2 be deleted and Laws suggested it be modified to give Council serving on July l, 1984 when standards must be met as set by the Federal Clean Air Act to consider and take appropriate action at that time. Dick Pischel, 839 Roca said he has been a resident of the Rogue Valley for twenty-three years and that there are pollution problems wherever there are people. Pische] said the City is picking up an Ordinance developed by another agency of the County and/or State and asked that such restaints not be placed on people who are struggling to keep the cost of heating dox~m and reminded Council that the heating costs will be going up. The Mayor said he is also concerned but that if an amendment is added to #2 he could see no real restriction caused by the ordinance. Henry Wolford said he has an old furnace but uses wood as his primar heat source and under the proposed ordinance would have to use his poorly functioning furnace. Laws explained that the ordinance is not an attempt to ban wood burning but that we are part of a single watershed & we share in the responsibility to keep the area livable and as healthy an environment as possible. Wolford sa~d the pro- posal is a toehold for further regulations. Vicki Neuenschwander said she is a woodburning resident and it is her only source of heat and wondered why other sources of pollution aren't being con- sidered like drive-up windows. Neuenschwander said that paving of roads would help and that individuals should not be hit with this restriction. Sims said that industry has taken steps to modify their operations at great expense and its time now for each indivio- ual to accept their responsibility. Sims reported Doctor's find- ings on effects of chemicals and other toxic substances on people's health. About road dust Sims said the City has improved conditions with its vacuum sweeper. Sims said the community will have to work hard to reach the standards set. Pischel said he resents the "big brother" attitude. Neuenschander also expressed such resent- ment and said people should be credited with their efforts to burn dry wood, etc. Laws recommended that #2 be amended by adding a phrase that only after the City Council has reexamined this pro- vision at that time (July i, 1984) and takes specific action to implement the prohibition. Sims moved to seqond reading as amended and Acklin seconded the motion. Laws said that if heating costs ran $100 per month that such restrictions as outlined would cost 0nly $30 for the period of extreme pollution and the savings from use of wood would make it not too costly. Laws explained that the County could not create an ordinance for people in cities and this is the only way to make the law applicable. On roll call, the motion passed unanimously. First reading was given an ordinance to annex a contiguous area to the City and providing for an effective date. Laws moved to second reading; Peterson seconded the motion which passed unanimously on roll call vote. First reading was given an Ordinanhe withdrawing annexed real from the Jackson County Fi~e Dist. No. 5 (Walker Annexation) and Acklin moved to second reading; Laws seconded the motion which passe unanimously on' roll call vote. 4/6/82 P. 4 Regular Meeting Ashland City Council 2/6/82 Walker Annexation (Rezoning) Street Tree Prohibition Employer/Employee Relations TID Water Service Water Regulations St. Improvement Dist. #50 First reading was given an Ordinance to rezone certain property (Walker Annexation) from Jackson County RR-5 (Rural Residential RR5 (Rural Residential 5 AC Min.) to City R-l+5 (Single Family Resident- ial). and Laws moved to second reading; Peterson seconded the motion which passed unanimously on roll call vote. First reading was given an Ordinance amending Ordinance No, 156]. prohibiting the Hawthorne tree from being used as a street tree and Peterson moved to second reading; Acklin seconded the motion which passed without opposition on roll call vote. First reading was given an Ordinance eleting Chapter 3.04 from the Ashland Municipal Code which adopted local procedures in the matter of Employer-Employeerelations and Acklin moved to second reading; Peterson seconded the motion which passed unanimously on roll call vote. An Ordinance regulating water service for irrigation (TID) was presented and the City Administrator read a letter from Dr. Aubrey Hill objecting to regulation of irrigation water saying essentially that it would be a breach of commitment; property ownera have paid more for property served by TID; landscaping based on avail- ability of water and possible decrease of property value because of controls,etc. Cheri Hillenge objected from the audience saying that she is on the TID line but that problems have precluded her use of the water a majority of the time. Hillenge said she feels it would be unfair to regulate water for use by developers. Hill- enge said that Fallon has been working on their problem but con- t~nds that present residents should not have to sacrifice for future people. Almqu~st explained that previous Councils bought more TID rights to provide for expansion and that the City does not have tbe right to prevent growth. Almquist said that a reservoir in the mountains would cost millions of dollars and the Courts would not allow the City to charge for it. Alsing explained the Ordinance is to clarify the use of the system to the consumers and to have an understanding when supplemental supply is necessary. Laws suggested that wording be changed on 1.6.7 to read "all new customers will be informed that supply will be on interruptable basis only". Peterson moved to pass with Laws' amendment; Sims seconded the motion which passed unanimously on roll call vote. First reading was given an Ordinance authorizing imposition of emergency water use regulations under certain conditions in North- west Ashland. Council agreed to strike the last part of Section 2 where starting times are referred to. Peterson moved to second reading; Acklin seconded the motion which passed unanimously on roll call vote. First reading was given an Ordinance levying special benefits assessments in Street Improvement Dist. No. 50 and Laws moved to second reading; Acklin seconded the motion which passed unanimously on roll call vote. 4/6/82 P. 5 _~egular Meeting Ashland City Council 4/6/82 P. 6 Filing Times - Init. & Referendum Admin. & Operating Depts. Transfer of Approp. Amendatory Agreement to BPA Contract (comm. hot wtr wraps) Sandler Instit. Films Special Election An Ordinance amanding AMC relative to filing time for initiative and referendum petitions was given second reading by title only and Peterson moved to adopt; Laws seconded the motion which passed unanimously on roll call vote, Second reading by title only of an Ordinance relative to the Administration and Operating Departments was read and Laws moved for adoption; Acklin seconded the motion which passed unanimously on roll call vote. A Resolution was read transferring appropriations within funds and Sims moved to adopt; Dale seconded and on roll call, all YES. A Resolution approving Amendatory Agreement No. 5 to BPA amending commercial hot water heater wrap specifications was read and Laws moved to adopt; Peterson seconded the motion which passed unanimously on roll call vote. A Resolution commending Sandter Institutional Films for locating in Ashland and Laws moved to adopt; Peterson seconded. Mayor Medaris said he would like to see the Resolution forwarded to the State Legislature with a cover letter. On roll call vote, the motion passed unanimously. Council postponed reading of Resolution until next regular meeting. PP&L Agreement Milton-Freewater transfer to EWEB Wind Generator Liaison Reports Adjourn to Exec. Session An agreement for exchanging billing of customers with Pacific Power & Light was read and Peterson moved to authorize signature of the Mayor; Dale seconded the motion which passed unanimously on roll call vote. A letter was read relative to an agreement regarding Milton- Freewater's transfer of its participant share in the Wind Generator Development Project to Eugene Water & Electric Board and Acklin moved that agreement be signed by Staff; Howard seconded the motion which passed without opposition on roll call vote. None Council adjourned to executive session at 11:05 p.m. and the meeting reconvened at 11:21 p.m., at which time Laws moved that the subject of acquisition of real property be placedo~ the agenda; Acklin seconded and on voice vote the motion passed unanimously. Sims moved to accept recommendation from City Attorney to make acquisition of 6.5 acres of property for a reservoir site with $2,500 deposited for 60 day option to continued. 4/6/82 P. 6 Regular Meeting Ashland City Council 4/6/82 P. 7 Property Acquisition (Reservoir) ADJOURNMENT hold the property for 60 days and an additional deposit of $2,500 as a non-refundable deposit to secure an option for one year - the purchase price to be $53,000/$53,500. Acklin seconded the motion which passed unanimously on roll call vote. The meeting adjourned at 11:24 p.m. City Recorder Mayor- Acting ih 4/6/82 P. 7