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HomeMy WebLinkAbout1982-0917 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL September.17,1982 ROLL CALL APPROVAL OF MINUTES PUBLIC HEARING Rist Annexation CABLE TV RATE INCREASE AGAPE FUN RUN PUBLIC HEARING Rist Annexation (Peterson) Mayor Medaris led the Pledge of Allegiance and called the meet- ing to order at 7:30 p.m. on the above date in the Civic Center Council Chambers. Peterson, Howard, Laws and Sims were present. Acklin was absent and Dale was on leave from the City. Peterson moved to approve minutes of the regular meeting of Aug- ust 17, 1982 and of the adjourned meeting of August 24, 1982; Sims seconded the motion which passed unanimously on voice vote. Temporarily delayed for recording equipment. A letter from McCaw Communications of Southern Oregon (SO CABLE TV was read and new rate schedule presented describing services and Almquist said that the rates effective 9/1/82 are not being con- tested since they are in line with other rates in the Valley which is what the franchise contract called for when written. Sims said he had calls relative to problems people have been experienc- ing with original installation in certain areas and asked that Dr. Michael Henneman be given the opportunity to speak. Henneman reported that he has not been able to get Cable TV service in a new home on Jessica and that cables had been buried during cons- truction for such purpose. Almquist said that he expects better service by the new owner of the company but that present ordinance does not give the City control of services, but will write a letter on Henneman's behalf. A letter was read from Ashland Christian Fellowship requesting permission to temporarily close off Winburn Way at Nutley for the purpose of hold a "fun run" through Lithia Park on Oct. 2 begin- ing at 9:00 A.M. Chief Lively recommended approval saying there will be no problem closing up the street for starting of race. Peterson moved to approve with supervision by Chief Lively; Howard seconded the motion which passed unanimously on voice vote. City Administrator Almquist reviewed the annexation proposal and requested that July 6, f982 memo from Planning Commission, July 30, 1982 memo from John Fregonese, Planning Director, Staff Report dated May 12, 1982, Staff Report and Public Hearing minutes of 4/14/82 Planning Commission Meeting, Staff Report Addendum dated 5/1~ 82, Survey 9084 and Findings of Fact and map be made part of the record. Attorney Jack Davis spoke on behalf of property owner Peterson and asked that Council reconsider it's proposal to annex the subj eot land by Contract Annexation which would delay actual annexation until after the land was developed. Davis said that the owner is concerned that by the time the land is developed there may be a change in Councilmembers or policy which could preclude the annexs tion at that time or change the situation to his disadvantage. ,,-, .... continued 9/7/82 P. 1 RIST ANNEXATION P.H. cont. YMCA Water Connect Request Danko Sewer Connect Request Energy Conservation Rept. On Premises Billboards Ord. Davis went on to say that contract annexation is new and the con- cept has not yet been tried in court and today's Council is not in a position to commit a new Council to do anything. Davis said Peterson is willing to pay the standard annexation fee and asked Council to proceed accordingly. Peterson asked if anyone else is interested in contract annexa- tion and Fregonese said Ashland would be a good area to start but that he knows of no other municipality implementing the concept now but that he hasn't researched it either. Laws said it seems like an ideal situation since the plan does not call for develop- ing at this time. Laws said the matter should be postponed until research can be done. Laws moved to postpone for further research by the City Attorney; Sims seconded the motion which passed unani- mously on voice vote. A memo from Director of Public Works Alsing was read relative to request for hookup of water connect for temporary YMCA office in water moratorium area and after brief discussion Sims moved to approve; Howard seconded the motion and on voice vote was passed unanimously. A memo from Alsing was read and a letter from property owner Danko considered relative to request for sewer connect for new construction outside the City limits. Because a connect could be considered only where dwelling existed before July 1, 1973 Laws moved to deny request; Sims seconded the motion. Danko was in the audience and explained that he didn't want to go to the expense of a septic system but was agreeable to annexation. Freg- onese said the procedure would take around 3 or 4 months and that the lot is in the Urban Growth Area which would make it acceptable Danko agreed to initiate annexation and the motion passed unani- mously on voice vote.. Energy Coordinator Wanderschied reported on low income conservatiol program and said that ACCESS is cooperating with the program on a community basis and that staff at the Senior Program will do el4gibility checking on senior citizens so that more homes will be done because of the seniors' reticence to initiate the work. Wanderscheid said that 28 homes have been weatherized and 136 audits have been done. Peterson moved to authorize Mayor to sign the Amendatory Agreement; Laws seconded the motion which passed with all AYES on voice vote. A memo from the City Attorney submitting a proposed ordinance which would effectively ban on-premises billboards unless used to post public service messages was read and after a short dis- cussion Laws moved that the ordinance be reworded by Staff and returned to Council for action; Sims seconded the motion which passed unanimously on voice vote. 9/7/82 P. 2 Regular M%eting Ashland City Council '9/7/82 P. 3 Water Fountain at SP Defective Sidewalk Liab. Electronic Game Tax Public Forum ORDINANCES, RESOLUTIONS & CONTRACTS Alcoholic bev./Election Day Cogenerated Power A memo was read from Alsing citing need for repair or demolition of a lithia water & domestic water fountain at the now vacated Southern Pacific depot and said that it would cost approximately $1,150 to restore the fountain and $60.00 per year lease fee and maintenance costs. Sims moved to ask the Historic Committee for recommendation before taking action; Peterson seconded the motion which passed unanimously on voice vote. A memo from the City Attorney relative to defective sidewalks and a recent case in Ashland which claimed that under the present code the property owner is not responsible for defective sidewalks adjoining their property. Salter recommended a change in Code Section 13.04.020 placing the responsibility on the owner to save the City from possible litigation. Laws moved to approve recom- mendation; Peterson seconded the motion which passed unanimously on Voice Vote. A memo was read from the Mayor recommending that consideration be given an electronic games tax at the regular Council meeting on September 21, 1982. Council discussed the concept and Howard said he opposes the proposal. Peterson said she would like to discuss the idea more in depth before considering action and Sims said that the tax would cause more of a problem by bringing people who are against the games in complaining about their exist- ence. Laws said he would want to know about the financial impact of the tax. Sims moved not to bring the proposed Ordinance back; Howard seconded the motion which passed with Peterson, Sims and Howard voting in favor and Laws opposed the measure. Peterson said the matter should be taken up by the Budget Committee for review. Councilmember Peterson tendered her resignation from Council as of that date (9/7/82). saying that she will be going to Europe and will be gone for nine months. Peterson thanked the Mayor, Council and City staff for working relationships and thanked the public for their ongoing interest in the City. Peterson left at 9:10 P.M First reading was given an Ordinance deleting prohibition of sell- ing/serving alcoholic drinks on Election Day and Laws moved to second reading; Sims seconded the motion which passed unanimously on roll call vote. The Mayor's vote of this motion was stricken as the City Attorney said he would vote only in case of a tie although his presence comprised a quorum after Peterson left the meeting. First reading was given an Ordinance pertaining to standard rates for purchase of electric power from cogeneration and small power production facilities and Sims moved to second reading; Laws seconded the motion which passed unanimously on roll call vote. 9/7/82 P. 3 Regular M~ting Ashland City Council 9/7/82 P. Special Benefit Assessments Levy on L.I.D. No. 52 Second reading was given by title only of an Ordinance levying Special Benefits Assessments in L.I.D. Improvement District No. 52 and Laws moved to adopt; Sims seconded the motion which passed unanimously on roll call vote. Amendatory Agreement BPA Sales Contract Almquist reviewed a letter from Bonneville Power Administration and noted the amendmeDts have no significant effect on the contract. Almquist read the Resolution and Sims moved for adoption; Laws seconded and the motion passed unanimously on roll call vote. Electric Service Con- tract - Experimental Residential ~Generator)A draft of a Contract for Electric Service Experimental REsidential Partial Requirements Service with Generator was submitted and Almquist recommended that the contract format be approved. Laws so moved; Sims seconded the motion and it passed unanimously on roll call vote. LIAISON REPORTS OTHER BUSINESS Mayor Medaris reported that he had attended a meeting in Salem of the legislative task force on growth and noted that Steve Bauer did an outsrant ing job. Medaris said our membership in the League of Oregon Cities is a valuable vehicle to represent our City. ADJOURNMENT The meeting adjourned at 9:30 P.M. on the ~irport Master Plan set for Civic Center Council Chambers, and set for 7:30 P.M. on September 28, Nan E o Franklin City Recorder with a reminder of the public hearing September 14, 1982 at 7:30 P.M. in the the Comprehensive Plan public hearing 1982 at the Civic Center. L. Gordon Medaris Mayor ih