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HomeMy WebLinkAbout1982-0615 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL June 15, 1982 ROLL CALL APPROVAL OF MINUTES PUBLIC HEARING Kensington Sub. Improvements Mayor Medaris led the Pledge of Allegiance and called the meeting to order at 7:30 p.m. in the Council Chambers at Civic Center. Sims, Dale, Laws and Peterson were present. Howard and Acklin were absent. Laws moved to approve minutes of June 1 regular meeting and June 3 adjourned meeting, Peterson seconded. Police Chief Lively said there needed to be a clarification of June 1 meeting in regards to his approval of Eric Wallbank's request to be allowed to have minors on the front porch of the Fourth Street Saloon where liquor will be served. He presented a memorandum explaining what had transpired prior to the June 1 meeting and after further investigation and contacting Gene Stanton, Licensing Officer for O.L.C.C. who was against the proposal, met with Wallbank and explained concerns and it was agreed that no minors be permitted on the premises, no alcohol- ic beverages may be carried to the porch by patrons and meals and beverages will be served by employees only to seated patrons. With conditions, Lively recormnended approval. Laws moved to approve June 1 minutes with conditions outlined and letter to O.L.C.C. be amended to note changes. Dale seconded; all in favor on voice vote. Peterson moved to approve minutes of June 3 meeting, Laws seconded, the motions passed unanimously on voice vote. Atmquist reviewed the prior petition that had been submitted but was rejected due to number of people feeling assessment on a front foot basis was not equitable. A new petition has been submitted with 67.34% of owners signing in favor. A map of the area was reviewed and estimated assessments computed according to benefits obtained was presented. Daniel Sylvester, lot 5, blk 2 has asked that his name be withdrawn from the petition, Almquist reported. Letters of support were read from Mrs. Wagner and Mr./Mrs. Walter Cooper. The Mayor opened the public hearing and Don Cowan asked that his let- ter supporting the improvements be read. Letter read. Patricia Ross, 1169 Hillview Dr., spoke in support and said they would like to build on their lot and feels everyone should pay their equal share even if they choose not to build and use lot for other purposes. Daniel Sylvester, 1780 Bristol, spoke against improvements saying there is an inequity in the assessment because he has utilities from Hillview Dr. He said he was not opposed to the street improvement. Jim Wright, 1775 Bristol, spoke against. He said the cost ratio is not in his favor and the $8,000 cost will not improve his lot. He said only owners with unimproved lots are in favor of the assessments. He agreed that everyone should pay a part but feels it should be more equitable. Dick Meister, 1770 Crestview Dr., said he voted against project prior and feels he is being penalized for it since he will be assessed more with the new proposal. He said the assessment was unfair due to the fact that his home and pool are on two lots and it is unlikely that the lot with the pool will ever be developed as a building site. He said he was not epposed to the development, just the ratio of cost. Peterson asked for clarification of original purchase agreements noting future street improvements. Cowan said that it was in original ... Continued 6/15/82 P. 1 Regular Meeting Ashland City Council 6-15-82 Page _Two o KENSINGTON SUB. IMPROVE- MENTS PUBLIC HEARING CONT. MINUTES OF BOARDS ETC. EASEMENT OVER STREET PLUG Sam Evans Place FEDERAL HIGHWAY BEAUTIFICATION ACT ALTERNATE SITE PROPOSED RESERVOIR agreements but not included in second owner sales. Alsing reviewed criteria used in computing assessments following three improvement categories: (a) curb, gutter and paving, (b) utilities of general benefit, and (c) utilities of specific benefit. Dale said the majority of owners want the improvements and moved to accept petition as it has been presented and instructed staff to bring back ordinance. Peterson seconded; motion passed unanimously with all in favor. Sims moved to accept and place on file minutes of boards, committees and commissions; Laws seconded and motion passed on voice vote with all in favor. A letter from Vincent L. Oredson was read requesting removal of street plug at the end of Sam Evans Place for the purpose of gaining access to three parcels of land noted as 391E 23BB-508, 534, 1400, 0300. Director of Public Works Alsing explained that a street plug is a one foot section of land deeded to the City to assure that a street can be extended at some future time. He said a street plug was obtained at the west end of Sam Evans Place and if Council agrees to allow Oredson to utilize this street as access to his property it could be accomplished by an easement by the City over the street plug and would be based upon a preliminary plat showing how a future street can continue through the property and an agreement setting forth the objective of all parties. Laws questioned if there was other access to these properties. Oredson explained that access could be gained through Greenmeadows Way but there wasa road already in that he would use if access off Sam Evans Place, and showed a map with road running along the ravine. Bob Sharpe said he opposed the request because the area is essentially a cul-de-sac and development was approved for an access from Lupine Dr. Sims questioned use of road for log trucks. 0redson said a special permit would be needed. Peterson said the street is legitimate for access and moved that staff bring back easement for consideration, property owner would get City approval prior to development and easement would be for 3 parcels named. Laws seconded and motion passed unanimously on voice vote. Almquist reviewed letter from Oregon Roadside Council requesting City support of defeat of amendments relative to billboards returning to highways. Laws moved that staff draft a letter of support, Peterson seconded. Passed with all in favor on voice vote. A letter dated June 2nd and an alternate proposal from Frank Euse, 2320 Ranch Road, was reviewed by Almquist. The letters expressed interest in locating the City reservoir on his property and the City would be provided with a perpetual deeded easement (as opposed to sale) to acres needed, including access rights, at no cost. Some arrangements would, in return, be made to include land reservoir located on, and land immediately below it to Tolman Creek Road in urban growth boundary. Alsing presented cost comparison of the Toney and Euse reservoir sites. He said the Euse site would be more costly due to extra length of 10" pipe on Tolman. Almquist reported the option on the Toney site was exercised after the Water Bond issue passed and the City is legally bound at this time to proceed with the Toney property. Euse said he did not feel the propsed Toney site was favorable and the construction site will be in view from the Mountain Ranch subdivision, whereas his property is over the hill and the 6/15/82 P. 2 Regular Meeting Ashland City Council 6-15-82 Page Three. ALTERNATE SITE PROPOSED RESERVOIR CONT. ASHLAND ELKS LODGE Street Banners OSFA REQUEST Street Closure ASHLAND GREENHOUSE REQUEST UNFINISHED BUSINESS: Report: Sidewalk Const. Program Water Pressure Report MAYORS APPOINTMENTS reservoir would be out of site. He said there would also be a savings on road construction because his property would have a paved road in at his expense. He voiced concern of the facility being on County property and asked for discussion on including his property in the U.G.B. and would like his site considered. Mayor Medaris expressed appreciation for the offer. Laws said the Council does not have the right to make decisions on the U.G.B. and there is a process to go through. It would take months and would preclude starting construc- tion for several months but said he would certainly want to keep option open. Almquist reported that the Council would be going before the County Planning Commission in July. A letter was read requesting removal of a street banner advertising "The United Nations Session on Disarmament". It related that when brackets were placed on the Elks building to allow banners it was to display community oriented non-political advertising. No action taken. Letter was read requesting permission to close So. Pioneer and Hargadine Street during performances between 7:30 P.M. and approxi- mately 11:30 P.M. for the period from June 8 until October 3, 1982. Laws moved for approval; Sims seconded. On voice vote all in favor. A letter from John Williams requesting variance for overwidth drive- way at Ashland Greenhouse, 50 W. Nevada St., was read. After a brief discussion Laws asked to defer until procedure is reviewed. Council agreed. Almquist reported that the Parks Dept. did not get a permit to cut trees in Triangle Park. Peterson asked that a letter be addressed to the Parks Commission communicating the procedure to be followed for tree removal. Almquist reported that the process was known by the contractor on sidewalk repairs where trees were involved. Concerning the trees at Clark Cottage, procedure was not followed and trees will be replaced if the existing ones die. Almquist said that sidewalk repairs are now completed. Director of Public Works Alsing reported that complaints of low water pressure at 469 and 527 Walnut Street have been investigated. Inves- tigation shows that the properties are located near the highest elevation of a pressure zone. Static pressure at both properties is 60-65 psi. Other pressure was taken at highest faucet at rear of lot with a faucet open at the front of the lot and there is ample pressure and well within the proper service pressure. Alsing said problem could be volume rather than pressure and could be caused by small pipes, internal corrosion, or using sprinklers which are rated for higher pressure. Property owners will be sent copy of memo with findings. Mayor Medaris submitted the names of Diane DeBey to Historic Commis- sion for term expiring December 31, 1983 and Susan Daley to Historic Commission for term expiring December 31, 1984. Peterson moved to approve appointments, Sims seconded; all in favor on voice vote. 6/15/82 P. 3 Regular Meeting Ashland City Council 6-15-82 Page Four. WATER IMPR. PROJECT INTERIM FINANCING REPORT: FIRE TRAINING FACILITY O.S.P.: 911 EMERGENCY DISPATCH SYSTEM ENERGY ANALYST REQUEST BPA PIJ~NNING GRANT Director of Finance Robert Nelson reviewed action for financing the water improvements. He asked that the Budget Committee meet to consider a supplemental budget. A July 22, 7:30 P.M. meeting in the Civic Center Council Chambers was set. Until such time as a supple- mental budget is approved, minor expenditures will be charged to Water Quality on a temporary basis. It was recommended and approved that interfund loans be used for interim financing. State Water Bond Financing vs. City Marketed Bonds were reviewed and Almquist reported that even though the measure did pass, the administrative rules have not been completed and six months could elapse before they are complete and bonds could be sold. Based upon information currently available, Nelson recommended that the City proceed with steps necessary to issue its own bonds and that contact be maintained with the State, leaving that option open as long as possible. Recommendation agreeable to Council. Nelson asked for permission to call for proposals from selected financial consultants in Oregon to prepare an official statement for the City. Laws moved to proceed, Peterson seconded, all in favor. A rate increase of 28.6% rather than 31.3% quoted earlier was suggested by Nelson. Information only. Dan White reported on the Ashland Fire Dept. participation in cons- truction of a South County Joint Fire Training Facility. The facilit} would be located in Talent on land donated by the City of Talent. White said this would be a good training facility, no money was being requested and no paid firefighter would be working on paid time. They are asking the Council for acceptance of the concept. Laws moved to approve concept and Fire Department's participation in manner outlined. Peterson seconded wi~h all in favor. Chief Lively requested permission to spend approximately $750.00 to install a radio furnished by Oregon State Police into the City dispatch center so that O.S.P. Patrol could be dispatched from Ashlan~ The advantage of having this radio and dispatching their south patrol would be that if the City needs assistance on any occasion, the capability of dispatching directly would save time. Laws moved to approve request, Dale seconded. On voice vote all in favor. Dick Wanderscheid, Energy Conservation Coordinator, said the BPA Weatherization Buy-Back Program has been operating since April 1, 1982 and has accomplished approximately 50 audits out of 106 requests. Based on current rate of audits, this is a 45-60 day backlog. Feeling confident about the program, he requested that one additional analyst be added to the staff. The next beginning analyst school will be held during the third week of July and it would be advanta- geous to have a new person by July 9, so he/she could attend the July training school. Laws moved to approve request, Sims seconded; passed unanimously on voice vote. John Fregonese, Planning Director, reported that BPA has released a Planning Grant Solicitation for Local Government for Electric Conservation or Research Development Planning. He said the City applied for the same grant last year and was unsuccessful but he feels there is a better chance this year and would propose a new application. He proposed writing the grant under this BPA solici- tation for a three-phase program. (1) Work with the Geoheat Center at OIT in Klamath Falls to develop geother~al resource plan document, (2) get actual pre-engineering data on the geothermal potential for 6/15/82 P. 4 Regular Meeting Ashland City Council 6-15-82 Page Five BPA PLANNING GRANT CONT. GRANITE QUARRY REPORT BLANKET LIQUOR LIC. RENEWALS TRAFFIC SAFETY COMMISSION BLOCK PARTY REQUEST new City warehouse; and (3) sponsor a one-day geothermal seminar. A request from Sunergi was reviewed asking City participation in the application for BPA funds for the development of an energy conserva- tion program for the commercialsector. Fregonese said he was con- cerned that if we proceed with both grants the City might be excluded and feels that geothermal is more important. Laws said he feels Sunergi will not come up with any meaningful data and moved to approve geothermal request. Peterson seconded and all in favor on voice vote. Peterson agreed with Laws on Sunergi request and feels the information they would provide would be more necessary to large business. Dale noted that Sunergi has participated in many good projects but agreed with Laws. Laws moved not to participate in making application, Peterson seconded, all in favor on voice vote. Almquist reviewed a memo from City Attorney Salter regarding Wester- gard Rock Quarry. Staff recommends that Council consider amending City Ordinance on nuisances to delete from the attractive nuisance section on rock quarries, so that they will not be required to be fenced in the City of Ashland. It was noted that the owner has agreed that they wish to work toward solving the problem of their operation in a residential neighborhood. Dale moved to follow recommendation and have staff bring back ordinance relative to noise control and reclamation, Laws seconded. On voice vote 1 No 3 Yes. Chief Lively recommended approval of all current liquor license renewals. Peterson moved for blanket approval, Laws seconded. Passed unanimously on voice vote. Lively reported that officers have been going into bars due to the problems in the past. He said he feels that this practice is working, due to a decrease seen in drunk driving charges and O.L.C.C. is supportive of action. Alsing reviewed recommendations from the Traffic Safety Commission for (1) one parking space adjacent to the bridge at the playground on Winburn Way be converted to bicycle parking and (2) that stop sign be installed on Randy St. at Laurel St. to make intersection a four-way stop. Laws moved to approve bicycle parking on Winburn Way, Sims seconded; passed unanimously on voice vote. Corliss, Traffic Safety Commission, said the recommendation on the stop sign was due to it being a residential street and they felt the topography warranted it. He said he would like to see a policy set on 4-way stops. A resident of the area said there was a need to control the speed and going south on Laurel there is a blind corner at Randy. He said there were small children in the area, no curbs or sidewalks and the children go out into the street and also asked for "Slow - Children" signs. Sims said he felt additional time was needed to study the area but suggested switching signs rather than making it a 4-way stop. Alsing said maybe other alter- natives should be looked into. Dale felt some arterial should be retained due to overcrowding on Siskiyou Boulevard. Peterson recommended deferring back to Traffic Commission. Council agreed. A letter from Lora Hribar, 670 'C' Street, was read requesting permission to have a block party on July 3rd from 2:00 P.M. to midnight and park cars across C Street where it intersects with 4th Street. Chief Lively said he was not aware of request. Sims asked 6-15-82 P. 5 Regular Meeting Ashland City Council 6-15-82 Page Six BLOCK PARTY REQUEST CONT. PUBLIC FORUM ORDINANCE, RESOLUTIONS & CONTRACTS Woodburning Ordinance Privilege Tax - PP&L Oak Knoll Customers Disorderly Conduct Levying Taxes L.I.D. No. 50 & Ptn. of 49 SETTING ELECTION: Referendum on Residential Woodburning Ordinance Transfer of Appropria- tions MONTHLY DEPARTMENTAL REPORTS - MAY 1982 LIAISON REPORTS for more information before request granted. Laws said he was in favor :of neighborhood get-togethers but also felt more information was needed. Peterson moved that staff communicate with person that more information is needed. Laws seconded, all in favor on voice vote No response. Second reading by title only was given on ordinance repealing Ordin- ance No. 2193 relative to restrictions on residential woodburning. Mr. Pischel said he had worked on obtaining signatures for a referen- dum on this ordinance and said he felt the Council should have been in closer contact with the people when ordinance was approved. He suggested that efficiency of wood stoves sold in Ashland should be dealt with. Laws moved to adopt ordinance, Dale seconded. On roll call vote all in favor. Second reading by title only was given on ordinance imposing a privilege tax on Pacific Power & Light Co. within Oak Knoll Subdivi- sion. Sims moved to adopt ordinance, Peterson seconded the motion which passed unanimously on roll call vote. Second reading by title only was given on ordinance pertaining to disorderly conduct. Dale moved for adoption, Laws seconded and the motion passed unanimousl~ on roll call vote. Second reading was given by title only on ordinance levying taxes for fiscal year 1982-83. Peterson moved to adopt, Sims seconded the motion and on roll call vote the motion passed unanimously. Second reading was given by title only of an ordinance authorizing the issuance of City Improvement Bonds in L.I.D. No. 50 and unbonded assessments from L.I.D. No. 49. Laws moved to adopt, Peterson seconded and motion passed with all in favor on roll call vote. Ordinance passed to repeal Ordinance No. 2193. Record to show resolution calling election not passed. A Resolution transferring appropriations within funds was read. Sims moved to adopt; Laws seconded the motion which passed unanimously on roll call vote. Laws moved to accept and place on file. Peterson seconded. All in favor on voice vote. Almquist said reports would be placed in Council packet but not on agenda if there was no objections. All in agreement Peterson reported that a compromise had been reached with property owners on alley between Helman & N. Main St. Laws moved to place on agenda, Peterson seconded. All in favor on voice vote. Laws moved to take item off the table; Peterson seconded, passed with all in favor on voice vote. Peterson reported that the owner of the Osher Apts. would pay the same as other commercial owners. Sims said the compromise would sacrifice the Osher property to help pay for the rest and they don't have parking and would not benefit from improvement. Laws noted that the tenants do use the alley and residential property at end of alley is developable and they would 6/15/82 P. 6 Regular Meeting Ashland City Council 6-15-82 Page Seven ~ LIAISON REPORTS CONT. OTHER BUSINESS Nan E. Franklin Recorder pay full. Alsing asked for direction in explaining assessment procedure. Laws/Sims agreed City should hold with front footage for streets. Laws moved to readvertise using new formula reviewed; Peterson seconded and motion passed unanimously on voice vote. Resolution was read setting public hearing for July 6, 1982. Laws moved to approve, Peterson seconded. On roll call vote 1 No, 3 yes. Almquist reviewed the matter of contract with Southern Oregon Justice Information Council (SOJIC) inviting the City of Ashland to become a member and appoint a Council member as a representative. Peterson moved to authorize Mayor to sign resolution; Laws seconded. All in favor on voice vote. Mayor Medaris agreed to represent Council, Sims volunteered to be alternate. Laws asked that a Council Committee be appointed to entertain ques- tions pertaining to the ordinance on Organization of the Administra- tive and Operating Departments of the City and that meeting places be set up and advertise the meetings in the Tidings. Medaris said the public should know the facts and appointed Laws as Chairman and asked Almquist to schedule meetings. Almquist reported that City Attorney Salter recommended an executive session to determine the City's legal strategy in pursuing billboard litigation. Almquist recommended Council adjourn to June 22 to an Executive Session at 7:00 P.M. This Executive Session would be under the authority of ORS 192.660(1)(h) to consult with legal counsel regarding current litigation. Almquist reported that information has been received that the Bureau of Governmental Research is to have budget cuts and asked for support. Peterson moved to instruct staff to send telegram asking that Bureau be retained; Laws seconded. All in favor on voice vote. Peterson invited Council to attend the dedication of a plaque in Lithia Park on July 4th which recognizes the contributions made by the early Ashland women to the history and unique character of the City. A portion of a letter was read from Pat Acklin's mother thanking Council for sending roses. Meeting was adjourned at 11:20 P.M. L. Gordon Medaris Mayor 6/15/82 P. 7