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HomeMy WebLinkAbout1982-0720 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL July 20, 1982 ROLL CALL ASHLAND SANITARY SERVICE APPRECIATION AWARD APPROVAL OF MINUTES PUBLIC HEARING Alley vacation between "A" & "B" Streets STRATFORD ON AVON SUBD. LEGAL CLARIFICATION REQUEST RE: LOT 300 Mayor Medaris called the meeting to order after having led the Pledge of Allegiance at 7:30 in the Civic Center Council Chambers on the above date. Present were Howard, Dale, Peterson and Laws. Acklin arrived moments late and Sims was absent. Mayor Medaris presented a plaque to Ashland Sanitary Service in appreciation of the volunteer service over the past ten years relat- ive to their rendering free service in a effort to keep downtown beautiful. Medaris thanked Lois & Bob Wenker and Gary Rigotti, owners of the firm for their unselfish efforts and pride in their City. Acklin moved to approve minutes of executive session and regular meeting of July 6, 1982; Peterson seconded the motion which passed unanimously on voice vote. Almquist reviewed the request for vacation of alley located between "A" & "B" Streets and said the necessary 2/3 had signed in favor of the proposal, and that a memo from the Director of Electric Utili- ties noted there were no utility lines in the alley. The Mayor opened the public hearing and there were no comments pro or con. The public hearing was closed and Almquist noted there would be an ordinance read later in the meeting. The City Administrator read a petition to review the legal status of Lot 300 of Stratford on Avon Subdivision deeded to the City in 1965. Also read was a letter relative to historical facts, deeds and covenants and basis for request. Almquist noted that until such time as final action is taken by the Planning Commission it would be premature for Council to take action. The Mayor agreed that until a zone change of the comp plan is made the issue will remain premat- ure. Peterson said she would prefer to wait and asked Fregonese when the comp plan will be complete and he said sometime in August. Salter said a restrictive covenant does not restrict a street but it would need to be a court decision. Salter said the matter should be discussed when it is on the table. Peterson asked Fregonese if he has done any research and Fregonese said he had not with the ex- ception of reviewing the information submitted. Fregonese said there are a lot of legal questions the Commission will not be able to address. Peterson agreed saying that the City Attorney will be deal- ing with the issue. Oscar Johnson noted the petitioners are not seek- ing specific changes but clarification of legality of lot in question. Council took no action at this time. 7/20/82 P. 1 Regular Meeting Ashland City Council 7/20/82 P. 2 OREDSON EASEMENT REQUEST OVER LUPINE ST. The City Administrator reviewed the request submitted from Vince Oredson for an easement over Lupine Drive at the street plug reserv- ing area for future street and said that Oredson's first request for use of Sam Evans Place to reach adjacent property owned by him had been abandoned in favor of making a cul de sac at Sam Evans Place. Almquist noted the City has no intention of placing utilities in that property at this time but that clause is put in the easement to protect the City's future rights. Almquist read a letter signed by John Chmelir approving the extension of Lupine. A letter from Donald and Jean Blackburn with petitions attached signed by sixty- nine property owners was read by Almquist in which petitioners out- lined problems which they felt would be the result of allowing the proposal requested. The Mayer invited those favor to speak. Oredson said that one of the points brought out by the opposition is that he would gain economically. Oredson said this is true and that without access to this expensive piece of property it would be a great loss. Oredson said the issue should be separated from what he plans to do up above because the three parcels are controlled by the County and that he has been allowed to build three units there. Oredson added there is no other access to that property. Oredson said on second look that Sam Evans Place would be better suited by use of a cul de sac. Jean Blackburn spoke in opposition saying that permission given by John Chmelir was not valid since he is no longer living at that property and someone else is buying it. Blackburn noted the new ownersi,had signed the petition opposing the proposal. Mamie Tribble said that if the City approves ~he request it will be ignoring the wishes of the people in Mountain Ranch Subd. and Greenmeadows will become a thoroughfare for the removal of timber, cement mixers and general increased use. Tribble said the City would be gaining noth- ing and would have to keep up the property and that the other proper- ty is in the County. Tribble said the Mountain Ranch greenway would open up a development of an unknown nature. Ilse Nicholson spoke in opposition and suggested that Oredson ask Toney who owns the two lots to share access to Oredson's property from Tolman Creek Road. Don Blackburn said that there has been a problem with subsurface water above the canal and water comes under the canal onto his prop- erty now and if things develop above he doesn't know what will happen. Blackburn said Oredson will have to go over or under the canal and they will end up with a serious problem. Almquist noted the City would not be providing water and sewer for the property in question and that septic tanks and wells would be needed to serve it. The discussion was turned over to Council at this point. Laws discussed the location of a trail that goes along the irrigation ditch owned by the people in the area and wondered if Oredson could cross that piece of property. Alsing explained that the street plug reserved gives Ored~n the right to use Lupine or Sam Evans for access .......... cont. 7/20/82 P. 2 __Regular Meeting Ashland City Council 7/20/82 P.3 OREDSON REQUEST LIQUOR LICENSE APPLIC. Pony Express Michael's Restaurant GREENWAY PROPERTY FOR PARK PURPOSES TOLMAN CR. ROAD ANNEX. Blackburn described the condition of his corner lot saying it was a mess and he was told it would be open space there. Later Black- burn said he understood the possibility of a street being located there. Oredson said he didn't pave the road initially because he wasn't positive of it's need at that time. Tom Windes, President of the Homeowner's Association said Oredson met with the group and presented plans based on the opening of Sam Evans Place. Windes said there was opposition to that proposal at the meeting. Windes said that Lupine Street is extremely steep and will be dangerous under icy conditions. On Dalels question as to the grade Almquist said the map shows 9 and that some streets have a 20% grade in Ashland. On question from Peterson relative to access from Toney's property, Oredson said his property is behind property sold to someone else by Toney so access would be blocked. Oredson said he had attended a Homeowner's meeting and left the map there at that time and that is where that came from. Oredson added that he is asking for access easement to his property and not proposing a development. Peterson moved to grant the easement through Lupine Drive and authorize signatures of Mayor & Recorder; Acklin seconded the motion. Laws said the City has tools to manage development and many people would like development stopped but he believes Council should use control available to cause minimum impact. Laws said he can see no way to stop access to County property and sympathesized with the neighbors saying there will be only three houses built there in the near future. Peterson said the City will take care of the street within the City limits. On roll call vote the motion passed without opposition. Police Chief Lively's recommendation to approve was noted and Howard moved to approve; Peterson seconded the motion which passed unanimous- ly on voice vote. A request from Parks & Recreation Commission to dedicate by resolu- tion the Wade property, Jones/Bryant and Senior Investment was read by Almquist. Almquist noted all are greenway properties and that the ad hoc Greenway Committee recommended the conversion. Howard so moved; Acklin seconded the motion which passed unanimously on voice vote. Almquist said an ordinance would be read later in the meeting. 7/20/82 P. 3 Regular Meeting Ashland City Council 7/20/82 P. 4 AIRPORT COMMITTEE NIGHTLY BAR CHECK POLICY UTILITY BILLING WATER BOND CONSULTANTS Almquist read a memo from Director of Public Works Alsing relative to a recommendation from the Airport Committee regarding a recent meeting with FAA about their initial refusal to accept the Cityls displaced threshold as proposed in the ADAP project grant application. It was noted that FAA proposed a compromise which would allow a 200 foot displaced threshold on the Dead Indian end of the runway. Acklin noted her satisfaction with FAA's deviation from their criteris in favor of Ashland's proposal at meeting in Seattle. Peterson moved to authorize amendment of ADAP; Acklin seconded the motion which passed unanimously on voice vote. Report received - no action necessary. The Mayor commended Police Chief Lively for his compromise plan. City Administrator Almquist reviewed the memorandum relative to the Utility billing undercharge and offered to answer questions brought up regarding the error. Fadden was in the audience as City Revenue Officer as was a representative of Rogue Valley Data Processing where the error originated. Almquist reported that three of the four cycles had gone out before it was discovered that the new rates were not programmed. Almquist asked direction and recommended that the monies be taken out of the Operating Contingency of the Electric budget or that the sumbe written off. Almquist said that it is fortunate the error didnit come during the extremely high energy use. Phil Gager spoke from the audience and said the responsibility for the responsibility lies with the data processing company and they should have insurance to cover such errors. A representative from RVDP said he doesn't know about the insurance aspect of it but his firm is willing to cooperate in an effort to assist the City in any way they can. After a lengthy discussion as to what should be done Dale recommended that the three cycles of customers be back- billed since one cycle was billed the correct amount. Laws said he is agreeable to forgive the amount as uncollectible because of the people who have difficulty paying one full bill as it is. Howard agreed with Dale they should be billed because they did have use of the product. Gager said the customer should not have to pay the bill because of an error. Jim Reel of 8th Street said he doesn't feel the City should bear the cost of $200 to put explanations in the bills. Acklin wondered i{ the amount could be picked up ~n a' period of three months for people who would request such a plan. Almquist said it would create considerable work but could be done. Laws suggested everyone be allowed three months but Nelson said it would be less burdensome to extend time only upon request. Howard moved to backbill ratepayers and extend time if requested; Dale seconded the motion. On roll call vote Howard, Dale, Acklin and Peterson voted in favor. Laws opposed and motion carried. Almquist said he would work the notice out for billstuffing with RVDP. A memorandum was reviewed recommending financial consultants for water bonds and analysis of proposals submitting choice of Moore, Breithaupt & Associates for reasons given. A gentleman from the ...... continued 7/20/82 P. 4 Regular Meeting Ashland City Council 7/20/82 P.5 WATER BOND CONSULTANTS continued PUBLIC FORUM ORDINANCES, RESOLUTIONS & CONTRACTS Alley Vac. "A" & "B" Sts. Rist Annexation audience asked why there was a need for a consultant and the City Attorney explained that an official statement must be prepared to get assistance and consultant writes the prospectus. Willstatter asked about State bonding and was told that the City is considering both private and state bonding in the event the State possibility is closed by a 1~% property tax limitation before preparations for bonding are complete, Nelson explained that under municipal law the City could negotiate the sale but a consultant could assist in timing and is being asked for marketing expertise. Rist asked if we could go out on our own and Nelson said we have with smaller issues. On Ristts question relative to going with the State, Nelson said that should we decided to go that way the agreement with the consultant would be aborted. Dale moved to approve recommendation made by Nelson for Moore, Briethaupt & Associates; Peterson seconded the motion which passed unanimously on voice vote. Jeff Straub, 463 "B" Street said he llves in the area of the Fourth Street Saloon which recently burned down and asked Council what could be done to cut down on noise and traffic since the building will be reconstructed. Straub said even with the windows closed the noise continues to disturb his family and that of the whole neighborhood until 2:A.M. S~aubcontinued by saying that the resi- dential neighborhood has lost it's flavor and peace because of this business with the late hours. Laws asked staff if there would be a need for planning action before rebuilding and was told by Almquist that there wouldn't but that a noise ordinance will soon be considerel by Council which may help. After further discussion Council agreed that since the establishment is in a proper zone there is nothing they can do except monitor the noise when the ordinance becomes effective. Laws suggested the neighborhood get together and confront the bar owner with their concerns and ask for his cooperation in keeping the noise down. An Ordinance vacating an alley located between "A" Street & "B" Sts. east of Third Street was given first reading and Acklin moved to second reading; Peterson seconded the motion which passed unanimously on roll call vote. First reading of an Ordinance setting a public hearing concerning the annexation of property at the NE corner of Hwy 66 & Tolman Cr. Road was read and Peterson moved to second reading; Acklin seconded the motion. Laws asked what the reason for annexation is and Rist spoke from the audience saying that part of the property is in the City and part in the County. Acklin asked that Planning staff give report at the next meeting. On roll call vote, all YES. 7/20/82 Po 5 Regular Meeting Ashland City Council 7/20/82 P.6 ORDINANCES, RESOLUTIONS & CONTRACTS continued Tax Levy 1982-83 Quarry - Nuisance N. Main alley paving Kensington Subd. Transfer Appropriations Parking Regulations Water Bonds loan BPA Agreement Reg. Union Agreements Second reading was given an Ordinance levying taxes for fiscal year 82-83 and Peterson moved to adopt; Howard seconded the motion. A memo from the City Attorney was reviewed reporting after research that the Budget can be changed and the tax levy decreased without returning to the Budget Committee. On roll call motion passed unanimously. Second reading by title only of an Ordinance amending the Nuisance Provisions of the Municipal Code relative to quarries and Howard moved for adoption; Acklin seconded the motion which passed unanimously on roll call vote. Second reading by title only was given an Ordinance authorizing and ordering the paving of an alley located between N. Main & Helman Sts, east of Central Street, and Acklin moved for adoption; Peterson seconded the motion which passed unanimously on roll call vote. Second reading by title only was given an Ordinance authorizing and ordering improvements to the Kensington Subdivision and Acklin moved to adopt; seconded by Peterson and passed unanimously on roll call vote. A Resolution transferring appropriations within funds was read and Howard moved to adopt; Peterson seconded the motion which passed unanimously on voice vote. A Resolution amending parking regulations in various locations was read and Acklin moved to adopt; Peterson seconded the motion which passed unanimously on voice vote. A Resolution authorizing interfund loan for preliminary expenses for water system improvements pending sale of bonds was read and Howard moved to adopt; seconded by Acklin and passed unanimously on roll call vote. A Resolution approving Amendatory Agreement No. 1, correcting errors and ambiguities in power sales contract with Bonneville Power Adm. was read and reviewed. Acklin moved for adoption; Laws sedonded the motion which passed unanimously on voice vote. The City Administrator reviewed ratification of the Teamsters Union #223 saying the three year contract included PERS pickup, 6% increase in take-home pay, increase in dispatchers pay 2% increase July and 1%~ in January, Detective clothing allowance, educational allowance and one additional holiday etc. Almquist reviewed the Laborers Local 1400 contract of two years with agreement of one year extension of guarantee of 6% cost of living increase and City agreed to PERS pickup and Family Dental Plan 2 with the total cost of 7.88%. Howard moved to authorize Mayor and Recorder to sign new contracts with the two unions; Dale seconded the motion which passed unanimously on voice vote. 7/20/82 P. 6 Regular Meeting Ashland City Council 7/20/82 P. 7 LIAISON REPORTS None OTHER BUSINESS FROM COUNCIL City Attorney submitted memos to Council stating City's position as it relates to the bonding of YMCA and said the information he received from two bonding attorneys would indicate that the City cannot legally participate in the funding efforts of YMCA as had been discussed previously. To do so, Salter continued, would be to place each Council person individually f~nancially responsible for monies involved. Salter said that representatives of YMCA want to go to Portland to discuss the matter further. Council thanked Salter for his efforts. No action was necessary. Resolution to Repeal Res. No. 82-29 adopting annual budget etc. Peterson moved to place Resolution on agenda; Acklin seconded the motion which passed unanimously on voice vote. Almquist read the Resolution and Peterson moved to adopt; Howard seconded the motion which passed unanimously on voice vote. ADJOURNMENT The meeting adjourned at 10:30 P.M. to Thursday, July 22, 1982 at 7:30 P.M. for Budget Committee meeting. L. Gordon Medaris Mayor Nan E. Franklin City Recorder ih