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HomeMy WebLinkAbout1982-0706 REG MINMINUTES OF THE REGLrLAR MEETING ASHLAND CITY COUNCIL July 6, 1982 ROLL CALL APPROVAL OF MINUTES PUBLIC HEARINGS N. Main Alley Paving Alley Vacation bet. "A" & "B" Streets MAYOR'S APPOINTMENTS MINUTES OF BOARDS POLICE BAR-WALK THRU Having led the Pledge of Allegiance, Mayor Medaris called the meeting to order at 7:30 P.M. in the Council Chambers of Civic Center on the above date. Howard, Sims, Dale, Laws, Peterson and Acklin were present. Peterson moved to approve minutes of the regular meeting of June 15, and executive session and adjourned meeting of June 22, 1982; Laws seconded the motion which passed unanimously on voice vote. City Attorney Salter read a memo from City Surveyor Olson with results of recent bids for street improvement projects which reflected a con- siderable decrease in cost showing a cost of $4.00 per front foot for Lots 1000, 1200, 1600, 1900 and $8.00 per front foot for Lots 700, 800, 1300, 1400 and 1500. The public hearing was opened and Bamforth said her lot 1200 should be charged the $8.00 per front foot cost and asked that memo be corrected to reflect that charge. Bamforth said she is in favor of the project. Lyall and Ahalt also favored. George Bock spoke in opposition for himself and Liable saying that he rarely uses the alley and Liable never uses it. A gentleman in the audience said paving the alley would be fine but that where the paving was ended there would be a dropoff to the unpaved portion of the alley. Director of Public Works Alsing said it would be constructed in such as way as to eliminate such a problem. Sims said the proposal is unfair to those who have no need for the paved alley and will remain against the pro- posal. Salter read the Ordinance authorizing and ordering the improve- ment and Laws moved to second reading; Howard seconded the motion which passed with Howard, Dale, Acklin, Peterson and Laws voting in favor. Sims opposed. The public hearing was continued until July 20, 1982 for further informa- tion relative to location of utilities in or adjacent to proposed alley. Postponed until next meeting by the Mayor. Acklin moved to accept; Peterson seconded the motion which passed unani- mously on voice vote. Acklin noted at a previous meeting it was decided to simply include them with the packet but not place on agenda for action Chief Lively's memo relative to the Bar Walking Policy was reviewed as was Michael Donovan's (owner of Chateaulin Restaurant) and Lively gave a report indicating success in the present check of the bars saying that DUII and drug incidents have decreased. Lively asked Counil for per- mission to continue the operation and added that he wishes to continue meeting with the bar and restaurant owners to get the problem resolved by closer cooperation and responsibility of the owners. Donovan spoke in opposition as related in his letter and said that he is still against the bar walk through policy and feels after a talk to the Police Chief that the problem can be worked out. Donovan asked that his letter be made part of the record. Jim Selleck, Oak Knoll Drive, supported Lively and his policy stating that as owner of a drive-in theatre that having a uniformed officer on the premises on the weekends made a tremendous difference in the behavior and the business thrived under that regime. 7/6/82 P. 1 Regular Meeting Ashland City Council 7/6/82 P. 2 BAR WALK-THRU BLOCK PARTY POLICY AUDITOR'S REPORT PROPERTY TAX Allen Sandlet spoke as an expert on Alcoholism Prevention and related problems and said if we don't confront the problem we will be just like any other town. Sandler said its the only thing that works today. Sandra Donnelly said the policy has been an unsettling thing to people dining out and since there are a lot of tourists who do not know the reason for the bar check it causes a certain amount of cormnotion. Don- nelly said she sees no functional solution in the policy. Dick Kromminga of 565 Wright's Creek Drive said he originally had contacted Lively to meet with the bar owners. Kromminga said the meeting held was very professional and felt it was too premature to take the matter to the Council and has the feeling that the problem is solveable. Kromminga encouraged Council to allow Lively to work with the bar owners. Elliott Reinert noted he is working as the communicator between the owners and Police Department. Steve Sacks, part owner of Jazmin's, said the policy has been detrimental to the business and that it has caused consterna- tion by his patrons. Sacks said he knows a solution can be worked out and meanwhile it endangers tourism in the City. Karsten Arriens spoke against the policy saying he doesn't need the protection of the Police Department with the walk-through and feels it has gone too far and takes away people's rights. Sally Sandler said after having lived in problem areas she feels safe when she sees a uniformed officer. A person in the audience said it is a misuse of taxpayers money to concentrate on checking bars. Mayor Medaris read a statement in agreement with the policy and supporting Lively's efforts to maintain order and help pre- vent accidents, drug-use etc. Medaris asked the policy be made part of the record. Howard moved to have report on policy at the next Council meeting; Dale seconded the motion which passed unaimously on voice vote. Sims added that the silence of Council does not mean it has no opinion but feels it is premature to comment. A memo was submitted from Chief Lively on a Block Party Policy and Laws noted that Items 1 & 2 are policy and that 3 thru 6 can be addressed at time of request. Dale said he wouldn't want the policy to be so stringent that get-togethers would not be appli d fo . Sims suggested that people who sign in favor should be adults~°~e~½~6n necessary. Audit by Burns & Updegrove was submitted and received - no action needed. Finance Director Nelson reported that for some time property tax pay- ments had been lagging but recently a more than anticipated amount had been paid by property owners making it possible to adjust the tax le~ downward. Nelson reviewed the result of the recent collections saying the benefit to Parks & Recreation would be considerable making their balance about $40,000 more in addition to $30,000 because of other factors. Nelson said the tax levy could be reduced to $2.24 from the present rate of $2.48. Laws asked Nelson if this procedure could take place without a supplemental budget to change appropriations etc. Nelson said he didn't think it would cause a problem and that he had cleared with the Assessor's office and the State Budget office. Nelson said Council would have authority to do so by Resolution. Salter read a Resolution repealing Resolution No. 82-29, adopting annual budget and making appropriations and Council opted not to act on the Resolution until after the budget meeting scheduled for 7/23. Council discussed having a special meeting after the budget meeting for second reading. It was decided to add an emergency clause which Salter drafted. 7/6/82 P.2 __Regular Meeting Ashland City Council 7/6/82 P.3 PROPERTY TAX cont. WATER CONSULTANT LIQUOR LICENSE APPS. TRAFFIC SAFETY REC. WATER CONNECT REQUEST PUBLIC FORUM Nelson said he would send a copy of the information to the State Budget office. Laws asked Salter to review/research the law and put the matter on the agenda for the next meeting. The time problem was brought up on it was decided that a special meeting be called. Nelson read the ordinance levying taxes with the emergency clause and Dale moved to second reading; Howard seconded the motion which passed unanimously on roll call vote. A memo from Director of Public Works asking for authorization to retain Straam Engineers to complete design work relating to the Water Bond improvements. Peterson moved to authorize Mayor and Recorder to sign the appropriate documents; Acklin seconded the motion which passed with all AYES on voice vote. Liquor License Applications were considered for Paddington Station's gift shop at Ashland Hills Inn and for Namanny's Tripel A Market (for- merly known as Main Street Market. Laws moved both applications be approved; Howard seconded the motion which passed unanimously on voice vote. Salter read recommendations from the Traffic Safety Conm~ission as out- lined in a memo from Director of Public Works Alsing. Recommendation No. 1 related to moving a handicapped parking space on First Street on the sw corner of 1st and E. Main to the se corner of the same inter- section and that the original space be designated a 2-hour parking space. Karsten Arriens, owner of Mark Antony Hotel, requested that the space considered to he made a 2-hour space be made a loading zone for hotel limosine exclusively. Sims moved to amend request to add the space designated for loading and unloading and approve; Howard seconded the motion which passed unanimously voice vote. A request for a commercial water connect for a Pizza Restaurant in the moratorium area was considered and a memorandum from Alsing read indicat- ing that only 22 of the 128 available residential or equivalent services have been used to date. Alsing suggested that a time clock could be used for outside irrigation for night watering. Laws moved request be granted with condition that a time clock be used as recommended; Peter- son seconded the motion. Sims spoke in opposition to the proposal sayin~ that there is a strong potential for a water shortage especially late in the summer. Alsing said it is not a water shortage problem but a water pressure problem on hillside area. On voice vote all AYES except Sims who voted NAY. Don Rist spoke relative to the recent election and Ordinance No. 2183 rejected by the voters and asked Council if they had gone ahead with transfers of departments and other proposals since the petition was filed in May. Rist said he understands that the Finance Director had gone ahead with changes which should not have been made while election was pending. The Mayor said the Ordinance is out and the City Charter is the dominating instrument which gives Council the right to operate the City. Medaris said the City is operating with six less employees than it was a year ago. Laws agreed with Don that his questions need answers and suggested getting together with the City Administrator and City Attorney to check provisions for operations. .......... continued 7/6/82 Po3 Regular Meeting Ashland City Council 7/6/82 P. 4 PUBLIC FORUM cont. Sims recommended that during the Budget process all operations should be checked to see what changes are being made, if any, and then go back to operation under the old ordinance. Salter suggested the old ordin- ance be brought up to date to reflect the changes which have been made over the years. Salter added the referendum is for the whole ordin- ance and it should be broken apart and proceed to remedy the.problem. Laws suggested the hiring and firing be done by Mayor & Council. Sims suggested that we go back to Step 1 and come back with an ordinance which addresses the most important changes, and perhaps we need separate ordinances so they can be addressed individually. Laws suggested that the Mayor appoint two Councilmembers to study the status of the opera- tion. Medaris said he would like to wait until Almquist returns from vacation. Rist mentioned the Revenue Committee Report and its recom- mendation that departments should not be transferred without first having a study. Medaris said a highly paid position had been eliminated in consolidation plans at a savings to the taxpayers. Peterson said she dislikes putting all of the ordinances into one and asked that more information be made available and that a study session should be called. Salter explained that the City is now under Ord. 1399. Finance Dir- ector Nelson said he is puting the shop back under Finance. Acklin said she would like to see a committee meet to get necessary information for the study session in order to clarify the whole matter by follow- ing the will of the people as expressed at the polls. History of the shop and its management was discussed along with the structure pro- posed for Planning and Building. Fregonese said Planning & Building can continue to work together because of the nature of their work and physical location of the departments. Council decided to have a study session at 7:30 P.M. on July 22, 1982 after the Budget Committee has an opportunity to meet. Bill Robertson spoke to Council and asked permission to have two certi- fied public accounts spot check the City's books and that he would accompany them at all times. Robertson reassured Council he would have the work done with the least amount of disruption of the City. ~yor Medaris offered to make a copy of the budget available saying that all records are for public inspection. Laws agreed that it is Robertsongs prerogative to inspect records. Salter said he saw no problem. Acklin furnished Robertson with an audit made by Burns & Updegrove of City's accounting. Robertson brought up a matter of an easement having been secured from him for improvements the State was making and said the easement was never used and is still on record. Alsing explained that it was his understanding that Robertson Sr. did not want the project encroaching his land by easement and he understood further that Robert- son had returned the money to the State which had been paid to him for the easement and an easement was secured from Robertson's son's property. Robertson said he had considered returning the money but hadn't. Alsing explained the easement was needed for installation of a storm drain in' connectionswith the State Highway Department's project. Alsing said he was directed to stay off Rohertson's property. Robertson denied the statement made by Alsing and discussed the details of meeting with former Street Supt. Shipley whom ~he showed the document. Alsing said he was told by the State the money for the easement had been returned so he had to get other access. Robertson complained that Alsing and Almquist are responsible for the $1,500 used for the easement and should deposit the amount wasted by having two easements. Dale told Robertson that if he had cooperated at the time the whole problem could have been avoided. No action was taken. 7/6/82 P. 4 Regular Meeting Ashland City Council 7/6/8_2 P.5 ORDINANCES, RESOLUTIONS & CONTRACTS QUARRY ORDINANCE Salter gave first reading of an Ordinance ameading Ashland Municipal Code Section 9.08.080 A.3 pertaining to attractive nuisances and rock quarries and declaring an emergency. Salter explained that the ordinance should solve the question of requiring a fence and noted there has been no history of children going around the quarry. He added that the problem of the cliff could be addressed separately if it is deemed necessary. Howard moved to second reading; Laws seconded and the motion passed with all YES on roll call vote. ALLEY VACATION bet "A" & "B" Sts. Mayor tabled this item until additional information relative to exist- ing utility poles or other reasons can be established citing a need for access to said alley. KENSINGTON SUBD. IMPROVEMENTS ORD. First reading was given an Ordinance authorizing and ordering improve- ments to Kensington Subdivision and Peterson moved to second reading; Acklin seconded the motion which passed unanimously on roll call vote. RESOLUTION - CANVASS OF VOTE (SPEC. ELEC.) A Resolution declaring the "Canvass of Vote" was read relative to special election held on 6/29/82 and Laws moved to adopt; Sims seconded the motion which passed unanimously on roll call vote. OREDSON EASF~MENT A letter was read from Vince Oredson asking that prior request be cancelled and that consideration be given an easement as outlined on map be given at the end of . Lupine Street over the street plug. Alsing said that Sam Evans Place is improved but that Lupine is not paved. Oredson asked that paving be deferred but Alsing recommended that the paving be complete so that the people won't have to pay for it later. After discussion of the landscaped portion at the street stub by two property owners, Laws moved to table until such persons could be notified of proposal; Peterson seconded and the motion passed unanimously on voice vote. ADJOURNMENT Meeting adjourned at 10:05 P.M. ~ L. Gor~o~ Medaris City Recorder Mayor ih 7/6/82 P. 5