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HomeMy WebLinkAbout1982-0817 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL August 17, 1982 ROLL CAI.L COMMENDATION Daily Tidings APPROVAL OF MINUTES NUCLEAR FREE ZONE The Mayor 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. Dale, Acklin, Peterson, Howard, Laws and Sims were present Mayor Medaris commended the Ashland Daily Tidings for receiving national recognition for excellence in newspaper publication of daily newspapers with circulation under 10,000. Medaris read a Resolution recognizing numerous other awards on behalf of the citizens of Ashland and Peterson moved for adoption; Howard seconded the motion which passed unanimously on voice vote. Medaris presented the Resolution to Tom Reid and Richard Sept who expressed. appreciation for the commendation. Peterson moved to approve minutes of the regular meeting of Aug. 3, 1982 and Laws seconded the motion which passed unanimously on voice vote. This item was moved ahead on agenda due to accommodate interested majority in audience. The Mayor asked that testimony be kept at a minimum unless new information was to be presented. Councilmember Laws noted that he had asked the Mayor for opportunity to review the matter before the the audience spoke in order to save time and outline the item as he sees it. Laws reviewed his concern as to whether or not the Council is in a position to decide whether this ,is a good law or not. Laws said the second question he has is whether or not Council will have anything to say about the matter going on the ballot. Laws reviewed the law system and noted the problems involved should the City pass a law in conflict to the Federal Government and added that State law is subordinate to fed- eral laws. Laws quoted Article 6 of the Constitution citing the supreme law of the land with the City being creatures of the State. Laws said the federal government is responsible for defending the United States. Laws said that each member of the City Council has sworn an oath to uphold the laws of the United States and it is their responsibility not to do anything which is unconstitutional. Laws read a draft of an alternative ordinance which would call for the Council to vigorously oppose any attempt to locate nuclear · weapons/waste storage or power production facilities in the City. The Mayor then turned the meeting over to proponents of the Nuclear Free Zone and Marilyn Lenihan spoke on behalf of the 1200 Ashland residents who signed the petition to get the item on the November ballot. Lenihan quoted Article 4, sec. 15 and said it isn't up to Council to decide on the constitutionality on an issue which is to be taken to the people by democratic process and that the initiative referendum was designed to allow citizens to have placed on the ballot things they wish to be addressed. Leni- ban said she is opposed to violence and killing and ~.f a nuclear holocaust does take place she would not want the responsibility to her children to have known of the possibility and to have done nothing to avoid it ............... continued on page 2. 8/17/82 P. i Kegular Meetlng Ashland City Council 8/17/82 P.2 NUCLEAR FREE ZONE cont. Ed Pentkowski, 436 Monte Vista, said he is against nuclear armaments and he wishes the whole world could disarm but such is not the case. Pentkowski noted that the lights and sound system in the room are nuclear generated and asked who in the body present would be making the decision to turn out the lights. Pentkowski said because we have nuclear power doesn't mean that it will be used and that we were using it before we went to Bonneville Power. Pentkowski said if we are going to place the measure on the ballot it should be placed there in its true form both as nuclear weapons etc. and nuclear power and we are paying for nuclear power right here. Phil Arnold spoke as attorney for CALS and stated that the Council has a ministerial function and that it is not being asked to decide if the.proposal is constitutional and that Council should respond by placing the question on the ballot. Arnold said he agrees with some of the things that were said but urges that the City Charter and State law be followed through the initiative re- ferendum process for decision by the citizens of Ashland. Dick Bernard addressed Council as a Board member of Ashland Chamber of Con~nerce saying the wording in the Ordinance as presented is not clear and is negative to development in the City and the Chamber opposes the measure. Bernard said he manufactures drill bits which can be used in any number things and with the limitation of anything nuclear he may be in a position to have to leave Ash- land and doesn't want to consider such a move. Bernard said he doesn't thin~ the resolution was meant to contain such a wide scope and should be clarified. Ben Tyran, Ashland Economic Development Commission representative reported the Commission was formed to get jobs and businesses into Ashland and at the August 9th meeting the initiative was studied and it could not be approved as presented. Tyran said he doesn't want to see nuclear facilities in Ashland nor a dumping ground but that the measure is so worded that it could keep some industries out of Ashland including electronics, computers and others of a high technical nature. Richard Ernst said he has moved to Ashland recently and spoke i~ favor of the Nuclear Free Zone and said that Ashland could be developed into a higher culture by concentrating on clean business establishments such as research and development organizations, home offices for insurance companies, food distribution and cosmet- ics etc. Ernst said we should get on with protection of our planet. Jim Selleck cautioned Council to consider the fragile situation we find ourselves in and suggested this should be heel digging time and that if it is necessary to go against the Constitution because of this threat to our existence then we should do it. Selleck said the U.S. has'30,O00 weapons (nuclear) at this time and that the Soviet Union has 20,000 and the only way to stop this is by grass roots process. 8/17/82 P, 2 Re__Sular M~'-~ing Ashland City Council 8/17/:8_32...~..3 . NUCLEAR FREE ZONE PUBLIC HFARING N. Main & Prim St. (LID No. 52) Serena Lindy reported that a recent screening of teensgets by a Physciatrist indicated that most of the 1000 youth indicated they didn't expect to grow up and named nuclear war as the cause of their deaths. Lindy urged that each person look at the situation from a child's point of view and asked that they concern themselves with the issue at hand to insure for each child life, liberty and the pursuit of happiness. Mayor Medaris said that Council must address the constitutionality of the Ordinance and the impact of economic development. Steve Kransurkc, Garden Way, said that national defense can mean a lot of things and this could mean better health care etc. and said he sees nothing unconstitutional about the proposal. Mayor Medaris closed the public hearing. Sims said he does not agree with Laws on the constitutional problem although there may be constitutional questions. Sims said there are ways of control- ling things in our own community and that our system is really well developed in the separation or balance of power and there are a lot of ways we can make laws. Sims said that laws are tested reg- ularly by the Supreme Court and that sometimes they must turn decis- ions down. Dale asked the City Attorney if it is the duty of the Council to place a measure on the ballot when petitioned by the required number of signatures. Salter said it is the duty but consideration should also be given the question of unconstituation- ality and the possible violation of Councilmembers' oath. Salter said it is the decision of the member on whether to vote or not before a decision goes to the courts for solution. Peterson said it is Council's responsibility to put an initiative measure on the ballot. Acklin agreed with Peterson and moved to adopt the resolution; Peterson seconded the motion which passed with Dale, Sims, Peterson and Acklin voting in favor. Howard and Laws opposed. The City Administrator reported that bids on the proposed improve- ments in LID No. 52 came in lower than estimated and noted that one letter opposing the improvement was received from Beth Wilson but opposition wasn't about assessment amount but alley paving. The public hearing was opened and Roanne Lyall said that the Bam- forth property was to be assessed at commercial rates. In order to correct figures the public hearing was continued to an adjourned meeting set for August 24, 1982 at 7:30 P.M. in Civic Center. Laws mentioned the fact that a Woodburning Ordinanc~ is to be placed on the ballot and suggested a draft ordinance be brought to the 8/24 adjourned meeting for consideration at that time. Council discussed wording of the ordinance to indicate the need for improved air quality in order to save confusion to the public. 8/17/82 p. 3 Regular ME~,_ting Ashland City Council 8/17/82 P. 4 SUPPLEMENTAL BUDGET TRUCK NOISE COM1}LAINT WOODSON ST. PETITION 18-Hole Golf Course COMML~ITY WATER SUPPLY BONDING BY STATE Finance Director Nelson reviewed the supplemental budget for 82-83 and said most of the monies deal with implementation costs of the water system improvements and also insurance services reserve fund which relates to a new method used due to Ashland employees having the best health record in any group handled by the League of Oregon Cities which results in a considerable break in rate schedule. Nelson said that a paint stripper will be acquired from a carry-over of $12,000 in the equipment fund. Nelson asked for correction of figure of Debt Service--Bond Interest under Sinl~ing Fund for Water Bonds to $115,440. The public hearing was closed and the City Administraeor said the Resolution would be later on the agenda. The City Administrator reviewed his memo relative to truck noise complain at 3rd & B Streets by Beany Rainbow and said he was not able to establish any portion of the Code being violated by the truck driven to the Grange Co-op for fueling. Laws interpreted the ordinance differently than Almquist and moved to direct staff to amend the Ordinance to cause trucks to use Oak Street to "A" Street to fueling station; Sims seconded. Acklin said the Traffic Safety Commission heard the complaint but turned it over to Council because it didn't appear to be a safety problem. Alsing said the Grange appeared at the Traffic Safety meeting and had strong argu- ments relative to truck routing. On voice vote Peterson, Acklin, Sims, Laws and Howard voted AYE; Dale opposed. A petition requesting the vacation of an unopened portion of Wood- son Street and a public hearing was set for September 21, 1982 at 7:30 P.M. Dr. Gary Prickett reviewed the proposal to expand the present 9- Hole Golf Course into an 18-Hole course as outlined in a memo from the Economic Development Commission an~ cited the need for such recreational facility to attract more conventions/tourism to the City. Prickerr said that trades and land acquisition are being studied and not appropriate at this time to review them but that the proposal could be put together at no cost to the City. Prickett asked Council for approval of the concept at this time and Howard moved for conceptual endorsement of an 18-Hole golf course in Ashland; Sims seconded the motion. Almquist was directed to draft a letter to Jackson County relative to City's intention to expand. On voice vote the motion passed unanimously. A letter from the Director of the Water Resources Department was reviewed along with a note from Director of Finance Nelson recom- mending that the City not apply for bonding by the State because the availability of the loan funds would not be until December and voter approval of a 1~% property tax limitation would mean the City would lose taxes from the City's tax base and negate the benefits of the lower interest loan. No action necessary. 8/17/82 P.4 R_~Jfular Me,~eting Ashland City Council 8/17/82P.5 LIQUOR LICENSE APPS. Immigrant Restaurant Gandolf's Name Change PUBLIC FORUM Historic Commission Grant Request LCDC R/st Annexation (Peterson) ALSING AWARD ORDINANCES, RESOLUTIONS AND CONTRACTS Water Rate Sched. 0rd. LID DIST 51 ASSMTS Decibel Noise Std. An application by Said Zia for Immigrant Restaurant, 19 First St. was considered and recommendation received from Chief Lively. Dale moved for approval; Howard seconded the motion which passed unanimously on voice vote. A liquor license application for name change of Gandolf's at 1667 Siskiyou Blvd., was considered and Peterson moved to approve; Laws seconded and the motion passed with all members voting AYE with exception of Dale who abstained because of a legal involvement. Sharon Marler of Historic Commission requested approval of a draft resolution for grant request for matching funds to hire two consultants locally and one regional consultant to come up with a survey inventory. Marlet said the Commission has funds from LCDC and $500 in their own budget to bring the total to $7,250 which will do the work and if there is a balance it could be used for partial cost of rehabilitation of brass statue on the Plaza. Sims moved to place item on agenda; Acklin seconded the motion which passed with all AYES. Sims moved to approve grant request proposal and transfer of up to $200 for restoration project; Howard seconded the motion which passed unanimonsly on voice vote. Don Rist asked Council to reconsider plans to implement contract annexation on proposed Tolman Creek property. Rist said that Ordinance 2212 set the p~Blic hesring and that a letter from the Planning Commission written in May indicated plans for straight annexation. The City Administrator advised Rist that the time to take up method of annexation etc. would be during the public hearing process on September 7, 1982. }~yor Medaris commended Director of Public Works Alsing upon receipt of the Samuel A. Greeley Local Government Service Award which will be presented in Houston next month. Medaris reviewed Alsing's accomplishments, professional affiliations and expressed apprecia- tion for his thirty one year~ with the City of Ashland. Second reading by title 0nly was given an Ordinance revising the Water Rate Schedules and Peterson moved to adopt; Dale seconded and the motion passed unanimously on roll call vote. Second reading by title only was given an Ordinance levying Special Benefit Assessments in Local Improvement Dist. No. 51 and Sims moved to adopt; Acklin seconded the motion which passed unanimously on roll call vote. First reading was given an Ordinance amending the nuisance control ordinance relative to decibel noise standards and Peterson moved to second reading; Sims seconded and the motion passed unanimously on roll call vote. 8/17/82 P. 5 Regular Me~eting Ashland City Council 8/17/82 P.6 ORDINANCES, RESOLUTIONS & CONTRACTS cont. Local Impr. Dist. No. 52 Assessments Position Class. Ordinance Transient Occupancy Tax 1982-83 Budget Resolution Amendment Laurel & Randy Stop Signs Lithia Park P.U.D. Reg. Water Bonds - Resolution calling for Bids. Contractural Service Agreement/Labor Cons. Employment Agreement w/City Administrator BPA/SOSC Lighting Program Continued to Adjourned meeting of August 24, 1982 at 7:30 P.M. First reading was given an ordinance amending the Position Classi- fication Ordinance and Sims moved to second reading; Howard seconded the motion which passed unanimously on roll call vote. First reading was given an Ordinance amending the transient occup- ancy tax relative to exemption for minimum rental rates and Laws moved to second reading; Howard seconded the motion. Almquist reviewed details of Mark W. Ahalt (Ashland Youth Hostel) letter and noted Director of Finance's recommendation to approve. On roll call motion passed unanimously. A Resolution amending the 1982-83 Budget and making appropriations was read and Laws moved to adopt; Peterson seconded the motion which passed unanimously on roll call vote. A Resolution establishing the intersection of Laurel & Randy as a four-way stop intersection and adopting traffic regulations in Lithia Park P.U.D. was read and Acklin moved to adopt; Sims sec- onded the motion which passed unanimously on roll call vote. A Resolution Providing for the Issuance and Sale of General Obliga- tion Bonds of the City was read. After discussion, Sims moved to adopt, it was seconded by Dale, the motion passed unanimously on a roll'call vote. An Addendum to Contractural Service Agreement with Labor Consult- ant John W. Bodilly was read and Laws moved to authorize signatures of Mayor Medaris and City Recorder. Howard seconded the motion which passed unanimously on roll call vote. An Addendum to Employment Agreement with City Administrator was read and Sims moved to authorize signatures of ~yor and City Recorder. Dale seconded. Medaris said at a recent ~yor's meeting h~ heard the Director of the League of Oregon Cities (Bauer) conment to another Mayor that "next to Brian Almquist you probably have the best City Administrator in the State". On roll call vote the motion passed unanimously. The City Administrator reviewed the Area Lighting Program proposal and noted that SOSC will do their own work. Howard moved to approve La,~ys seconded the motion which passed unanimously on roll call vote. 8/17/82 P. 6 ~egular M~-~ing Ashland City Council 8/17/82.P. 7 COUNCIL LIAISON REPORTS OTHER BUSINESS FROM MEMBERS DALE LEAVE OF ABSENCE MONTHLY FINANCIAL STMT ADJOIrRNMENT Nan E. ~ranklin City Recorder None. Laws reported that Council had planned on bringing an air quality maintenance ordinance relative to wood stove burning for the November General Election and recommended the same ordinance which was passed with Section 2 being deleted because that section was confusing to the citizens. Peterson moved to direct staff to bring back an Ordinance; Acklin seconded the motion. Sims suggest- ed that the title be changed to indicate the necessity of air quality maintenance. Council agreed and the motion passed unani- mously and on voice vote the motion passed unanimously. Dale asked permission to be out of the City beyond the 30 days allowed without permission and Laws moved to approve request; Acklin seconded the motion which passed unanimously on voice vote. Accepted. The meeting was adjourned at 10:30 p.m. to next Tuesday, August 24, 1982, at 7:30 p.m. Mayor 8/17182 EXTRACTS FROM THE MINUTES FOR THE REGULAR MEETING OF THE ASHLAND CITY COUNCIL CITY OF ASHLAND, OREGON AUGUST 17, 1982 The Mayor led the Pledge of Allegianc% and called the meeting to order at 7:30 p.m. on the above date in the Civic Center Council Chambers. Dale, Acklin, Peterson, Howard, Laws and Sims were present. Water Bonds - Resolution calling for Bids A ResOlution Providing for the Issuance and Sale of General Obligation Bonds of the City was read. After discussion, Sims moved to adopt, it was seconded by Dale, the motion passed unanimously on a roll call vote. ADJOURNMENT The meeting was adjourned at 10:30 p.m. to next Tuesday, August 24, 1982, at 7:30 p.m. Nan E. r~anklin City Recorder L. Gordon Medaris Mayor Extracts August from Minutes 17, 1982 RE]NALD L. 5ALTER ATTORNEY AT LAW RDNALD L. SALTER ATTORNEY AT LAW August 18, 1982 Mrs. Nan Franklin City Recorder City Hall Ashland, Oregon 97520 Dear Nan: Re: City of Ashland Water Improvement Bonds Our File A-164 Enclosed is a proposed Extract for the Minutes of last Night's meeting. If acceptable, please incorporate the Extracts into the Minutes. If you have any questions, please call. Very truly yours, Lo SALTER City Attorney RLS/dm Enc: 1