Loading...
HomeMy WebLinkAbout1981-0203 REG MINMINUTES OF THE REGULAR 5~ETING ASHLAND CITY COUNCIL February 3, 1981 POLICE RESERVES MINUTES PUBLIC HEARING Church St. Parking Paving of Cedar Way Mayor Gordon Medaris gave the oath to four reserve police officers. Sims movedto approve minutes of the regular meeting of January 20 and Laws seconded the motion which passed unanimously on voice vote. Medaris opened the public hearing relative to proposed prohibition of parking on easterly (left side going uphill) of Church Street. Thelma Fox of 15 Winburn Way expressed concern for access for Faith McCulloch who l~ves on Church and was told parking would be restri- cted on opposite side of street. Anda Kier of 134 Church said cars are able to pass now with caution but main traffic problem comes from people coming down from Scenic Drive and that it will become more of a problem with restriction of parking. Kier said the fire department comes up in low gear and only high traffic/parking are on Labor Day & Fourth of July and those days and there can be special restrictions for that time. Connie Wiltse said that it is impossible to get out of her drive'- way at times and supports parking restriction on either side of' the street. George Hocking, 157 Church said that he supports the restriction because of the hill and difficulties encountered with the ice con- dition~ and narrowness of street. Louise Walton suggested that Church Street be left as it is and that there doesn't seem to be that many cars parked there all day, and wondered where those cars would go to park. The City Administrator read a letter from Mr. & Mrs. Harry Hoxie recommending that should restriction of parking be found necess- ary that parking be allowed on downhill side of street. Mayor Medaris closed the public hearing and Laws moved the matter be tabled and that staff post parking restriction signs on easter- ly side of Church; Dale seconded the motion. On roll call Howard, Dale, Acklin and Laws voted in favor, Sims opposed and the motion carried. The public hearing was opened on the proposed paving of Cedar Way after noting that 69.8% of frontage property owners signed in favor. B. D. Green~ said he had approval of one more property owner who had been out of town when petition was signed and said the City will be relieved of a high maintenance street for the City by paving. The public hearing was closed and Laws moved that staff be directed to bring back improvement ordinance; Dale seconded and the motion passed unanimously on roll call vote. 2/3/81 p. 1 MINUTES OF BOARDS LITHIA VILLAGE PUD APPEAL OAK KNOLL GOLF COURSE FEES LITHIA SPRINGS LAND Sims moved to accept minutes of boards, commissions and committee~ as submitted; Acklin seconded the motion which passed unanimously on Voice Vote. Petitions were submitted from residents on Granite Street appeal- ing decision of the Planning Commission regarding PA 80-.96. City Administrator Almquist reported the developer requested that tbe public hearing be set for April 7, 1981 meeting to give him ample time to modify plans as they relate to topography. Hearing date was set for April 7, 1981. A request from Oak Knoll Enterprise Inc. for 10% fee increase was considered and Buddy Sullivan reviewed the problem saying that expenses continue to rise and rather than seeking help from the City he decided to ask for the 10% increase to help defray the costs of irrigation, taxes and maintenance. Sullivan asked that the City consider subsidizing the golf course as they do the air- port. Dale asked for more information saying that a year-to-date accounting should be made available for discussion. Sullivan said that a windstorm took the roof off the building and that it was replaced to better condition at cost of $1,000 deductible in- surance. Howard moved to adopt proposed rates; Laws seconded and on roll call Howard, Acklin and Laws voted in favor; Sims and Dale opposed. City Attorney Salter reported alternatives to the proposal to purchase a portion of land at Lithia Springs as requested by Cecil Halstead and said the City can (1) offer the property for sale without a restriction to the highest bidder; (2) retain the property and do nothing or (3) if there is a valid municipal purpose for so doing, then place a Deed Restriction on the property limiting its use as above stated. Council discussed the options and Laws moved we not put the land up for sale; Sims seconded. Acklin suggested considering a lease agreement for agricultural use and Council agreed to explore possibility. On motion not to sell motion passed unanimously on roll call vote. LITHIA WAY ZC FINDINGS PUBLIC FORUM Bonneville Power Laws moved to adopt findings on Lithia Way Zone Change; Acklin seconded the motion which passed unanimously on roll call vote. City Administrator Almquist noted that he was given authority to ask for contract of services with Bonneville Power and that he has received a letter back offering such services but under a different part of the Act (Northwest Power Act) than that being applied for. In order to clarify the intent Almquist said he will attend a Public Power meeting to investigate further and that he may return with a recommendation to seek legal counsel should it seem prudent to get questions answered relative to commitment of service plans by Bonneville. 2/3/81 P. 2 Regular Mcet_.jl,5 Ashland City Council PUBLIC FORb~[ cont. LIQUOR LICENSES The Laurel Tree The Wizard's Den LAND USE ORDINANCE PUB. HRG UNCOLLECTIBLE UTILITY BILLS AUDIT CONTRACT 1980-81 MAYOR'S APPOINTMENT ORDINANCES, RESOLUTIONS & CONTRACTS Licensing Occult Arts Attorney John King of 300 E. Main asked if this would be the to speak on Occult Arts ordinances and was told the reading would be later on agenda. Application for liquor license for the Laurel Tree was considered and Chief Lively said there were no problems having checked out the applicants. Sims moved to approve; Laws seconded and on roll call passed unanimously. Mayor Medaris noted that an application had been received too late to be on the agenda for a liquor ]icen~ for the Wizard's Den as applied for by George F. & Judy A. Jensen. Acklin moved to place on agenda; Laws seconded the motion. Chief Lively recom~nended approval and Laws so moved; Dale seconded the motion which passed unanimously on roll call vote. A letter from the Planning Commission recommending revisions to the Land Use Ordinance was presented and a public hearing date was called for February 17, 1981 at 7:30 P.M. A memo requesting permission to write off uncollectible utility bills was presented and Almquist noted that the percentage of uncollectible bills is less than last year at .06% of sales. Laws moved to approve; Howard seconded. Discussion was led by Sims that deposits may not be sufficient enough to cover and suggested Council consider having staff bring back tion and that anyone asking for reconnect deposit. the 1% month average bill formula was adopted some that the formula probably is now actually 50% less cover the bill. On roll call, all YES. a recon~enda- Almquist said years ago and than would A memo from Director of Finance was read requesting direction as to whether present audit firm of Gerald W. Burns be retained for the 1980-81 audit or new proposals be invited. Laws said he could see changing auditors every several years but considers it a disadvantage to change after only a year with present auditor and moved to execute second contract; Sims seconded the motion which passed unanimously on roll call vote. Mayor Medaris appointed Dave Maurer to Soil Conservation Committot saying he could be valuable with the Lithia Homes topography study. Medaris appointed Lee Howard as Chairman (liaison) of the Golf Committee and Dan Engle, John Archer, Jack Anderson, Bill Smith, Gary Jones and Charles Lucas to serve on the committee to bring closer relationship with the activities etc. of the golf course. Sims moved to approve; Dale seconded and the motion passed unanim- ously on voice vote. The City Administrator reported that after Council made decision to repeal municipal code section prohibiting practice of ogcult arts he was asked to research through Governmental Research and Service what other cities have on their books licensing or other- wise controlling practices. Almquist said the ordinance being presented is modelled after those which Bend, Tillamook & Salem have and one similar to that of Medford and recommended considera- tion for such regulation. Mayor Medaris reviewed need for some regulation for protection of citizens and said while it is not a public hearing that all interested persons would be able to spea~ on the subject. 2/~81 ORDINANCES, RESOLUTIONS & CONTRACTS Occult Arts Licensing cont. Councilman Laws said the ordinance is still a prohibition by virtue of the high cost of practicing such arts by license fees. Attorney John King, 300 E. Main Street said he is representing a person from Santa Mortice who wishes to locate here and set up a palmistry practice on a full time basis. King suggested Council consider placing this category in the chapter which deals with solicitors and peddlers and the ordinance provides for background investigation by Police so would accommodate full-time practice of the categories.covered in the ordinance being presented. Marjorie O'Harra asked what evidence has been offered to justify repeal of occults ordinance and said there should be specific benefits shown for the citizens of Ashland. O'Harra asked how the City would know the charlaton or pretender. Steve Wall, 305 Hillcrest said he doesn't think the ordinance is appropriate in that it takes in too many things and questioned defination saying that it limits many people in the city who have been doing these things in their homes. Wall said it interferes with individuals beliefs and said there are classes at SOSC which would appear to be illegal. Wall said astrology has been passes down for ages and that a good many people in the public want it. Karen Darling said she is not a medical doctor add uses hypnosis. Mayor Medaris said this would be acceptable as practiced. Darling said she would not want to have someone preclude her practice at a later date and said the ordinance is not clear. Laws explained that the old Ordinance prohibited all of these actions and that the ordinance was being violated and that we wanted to amend it to allow printing. Sandra Pastorius spoke in favor of repealing the ordinance prohibit ing occult arts and resents the way the whole topic is being handled and said people want access to those things outlined in the ordinance. Andy Running, Greenmeadows Way, spoke in favor of the Ordinance saying the citizens need protection from the so-called prophets. B. Johnson, 270 Wimer opposed allowing occult arts in the City saying he could see no benefit to the City, add if they are allowed there should be stringent investigation and controls. Ed Pearson said that the Ordinance limits hypnosis and that he uses it ocassionally as a clinical psychologist and that doctors, dentists also include method in their practice. Pearson said if we need to protect the people we should close the bars, and that the group of people practicing this type of religion are few and powerless. Myrna Andre opposed the Ordinance saying it isn't necessary. 2/3/81 P. 4 Meeting Ashland City Council 2/3/81 P. 5 Occult Arts Ordinance cont. Gene Skidgel spoke in opposition to the repeal of the ordinance if it is enforceable and if it is repealed he would support a stringent licensing. Skidgel said he was in Bend and watched overload of investigation and licensing and it became a rather expensive process, and be would hate to see this community des- troyed and look llke Southern California. Skidgel said he was in Berkeley for ten years and is aware of what happened there. Jim Maynard contradicted Almquist by saying that Medford's ord- inance is not identical to Ashland's in that it was amended in 1973 not to include astrology. Maynard said the $100 a day for a license is prohibition and said it covers one third of his business but not the others. Bernie Sears, 586 "B" Street brought attention to the fact that hypnotism used as a toolas stated is not the same as a full-time business. Sears told about tbe social gambling law tbat Ashland turned down and the City of Phoenix allowed and how Phoenix in a short time (3 yrs) they decided to repeal the ordinance because of the people who came in. Sears said this is what the City has to look at for the majority of the people of Ashland and not just a few. Bob Johnson agreed with Sears and mentioned the .drug use associat- ed with the occult arts and said it is essentially a moral issue. A gentleman from the audience said religion is a belief and as such is a civil right. Ray Casebeer of Peachey Road said to allow the practices would lead to adult book stores and pornography and asked Council to keep the present ban on occult arts. Edwin Chapman, Laurel Street said that Ashland Code does allow adult book store and movies. He said that the $100 a day fee is okay for carnivals but prohibitive for this type of thing, as outlined. Chapman cautioned Council not to say what would be excepted by the ordinance because if it isn't written down it is not a law. John Stevens said the ordinance is unclear and can be interpreted in different ways and profit is a vague word. Jeanette, Peachey Road said she doesn't like restrictions but feels the people need some protection and objects to the occult arts. Rod Tomcho of 266 Cambridge said it would be difficult to deal with spiritual things hard to define and that regulation cantt come in a package but that the community would support the stan- dard the majority of the people would want. Jim Hays sympathized with all of Council and said that too many things are being dealt with-at once and suggested a more clear ordinance be drawn up. Hays said that there have been faith healers etc. for some length of time, and suggested if a problem that another ordinance be brought back. 2/3/81 P. 5 Occult Arts cont. Repeal of Occult Arts Ord. ORD. Street Improvement Dist. No. 45 Lithia Way Rezoning Ord. Warning Bells on Bikes Parking restricton on High St. Resolution for Bond Election Transf. of Approp. Resolution Pugh Lease - Lithia Park ext. Jim Hays continued by saying that the occult arts subject should be left to the market place. Chief Lively reitersted his previous stand in opposing the repeal of the ordinance and said the ordinance licensing participants for profit would take many hours of investigation etc. and be a burden to the understaffed police department. Lively expressed concern for elderly citizens who might be vulnerable and lose their money by participating in one or more of the occult arts. Sims and Laws agreed that the question being dealt with is out of the jurisdiction of city government. Dale added that the proposed ordinance is in the realm of Civil Rights issue. Acklin agreed and Howard moved to table first reading of the proposed ordinance; Sims seconded and on roll call, passed unanimously. First reading was given an Ord~nsnce repealing a Chapter of the Municipal Code providing for Consumer Protection - Occult Arts and Laws moved to pass to second reading; Acklin seconded. On roll call passed unanimously. First reading was given an Ordinance levying special benefit assessments in Street Improvement District No. 47 and Howard moved to second reading; Laws seconded and on ro'l! call passed unanimously. First reading was given an Ordinance rezoning property on the North side of L~thia Way and Sims moved to second reading; Acklin seconded and on roll call passed unanimously. Second reading by title only was given an Ordinance repealing Ordinance No. 2106 relative to warning bells on bicycles and Dale moved to adopt; seconded by Acklin and passed with Howard, Dale and Acklin voting in favor. Sims and Laws voted NO. The motion to adopt carried. A Resolution repealing parking restrictions on High Street was read and Sims moved for adoption; Acklin seconded and on roll call, all YES. A Resolution calling for a bond election set for March 31, 1981 was read and Sims moved for adoption; Laws seconded and on roll call passed unanimously. A Resolution transferring appropriations within funds was read and Laws moved for adoption; Howard seconded the motion which passed unanimously on roll call vote. Pugh lease was presented to gain access for stairwell adjacent to IOOF bldg. in Lithia Park Extension. Parks Commissioner Sears reported that Pugh had asked for a change in the lease to include a rear entrance. Almquist recommended that Council authorize Mayor and Recorder to sign but that Parks & Recommendation should have final say. 2/3/81 P. 6 Regular Meeting Asbland City Cou~cil 2/3/81 LIAISON REPORT ADJOUKNMENT Councilman Laws presented a request from the Senior Program for making grant applications to Jackson County for Outreach in the amount of $14,671; Area Agency on Aging for $17,571 and a portion of Commissioner Sage's salary in the amount of $600 (as a result of campaign promise by Sage to pledge portion of salary to charity). Sims moved to place matter on agenda; Acklin seconded the motion which passed unanimously on voice vote. Laws moved to approve application; Sims seconded and on roll call passed unanimously. The meeting adjourned to a Budget Meeting on ThUrsday, Feb- ruary 5, 1981 at 7:30 P.M. City Recorder L. Gordon Medaris Mayor ih 2/3/91 P. 7