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HomeMy WebLinkAbout1981-0407 REG MINPLEDGE OF ALI. EGIANCE ROLL CALL APPROVAL OF MINUTES: PUBLIC HEARINGS Appeal from Planning Com- mission Action 80-96 MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL April 7, 1981 The Pledge of Allegiance was led by Mayor Medaris in the Hillah Temple at 7:30 P.M. on the above date and all members were presen Laws moved to approve minutes of regular meeting of March 17, 198 and Acklin seconded the motion. which passed unanimously on voice vote. Planner Fregonese reviewed the application for development of LitIlia Park Village saying tile original decision of tbe Planning Commission to allow development was based on incorrected informa- tion relative to degree of slopes as determined by the Planning Department and which subsequently was appealed by William Moore, et al. Fregonese sai~ because the decision was based on mis- information tha~ he would recommend that Council deny without prejudice and allow Appeal to be beard with current facts in order to clear the way for a second application mad~ by Mark Cooper, developer, with a new plan wbich will deal with more land some of which is flatter terrain. Fregonese said that Cooper has been credited with his original filing fee. John Hads, attorney for Cooper, said Council has no jurisdiction over the matter of appeal before them because the appeal d~d not specify reasons on the petition. Eads mentioned inferences etc. questioning the integrity of the applicant by the community and Mayor Medaris said he didn't get the impression the applicant was being anything but honest but some feelings have run high. City Attorney Salter suggested that Council take no action on the question of jurisdiction since the matter is going back to the Planning Conm~ission where further action will be taken on the whole thing. Eads said on behalf of the applicant he wants to make the matter of jurisdiction part of the record and if this is going back to the Planning Commission and Council decides other- wise that has to be faced on any matter with the possible except- ion of the map interval question. Discussion ensued on the map interval question and Fregonese said it was a question of lot coverage which resulted in the problems. Eads said it was not fair to place the applicant back to Square 1 over and over again. Fregonese said that Staff had never made any inferences about any deviousness on Cooper's part. Maridale Moore said they had never filed an appeal before and had been told it was being sub- mitted in order. Carl 0akes said if the discLssion is being limited to lot coverage he has nothing to say but will rely on the Planning CommissioR and Staff. Mayor concurred wffth Planning Director's recommendation to deny without prejudice. Laws moved to uphold appeal and deny project without prejudice and Sims seconded the motion. On roll call Acklin, Sims, Laws, Dale and Peterson voted YES. Howard opposed and the motion carried. 4/7/81 !,:Iy~:L,,! H,, '~_~_jJLL ............ i~;jjj ,:l~j, ,C_{_t,_,,_C~ZHR~L~_~' ................. ! ,'7/8j if:__ ~- PUBLIC HEARING BESWICK WAY IMPR. Minutes of Commissions Request for Water Connect A petition for improvement of Beswick Way was presented with 77.82% in favor and Almquist said it would be impossible to put the project together by subdivision because of multiple owner ship and that Mary Lynch representing the Catholic Church approved of tbe proposal. GeQrge Warren of 667 said he would approve of project but had two requests - 1) that City urge Cable TV to service the street by installing lines, and 2) that norman, adequate street lighting be provided because of the traffic. City Administrator Almquist advised Warren that S. O. Cable TV would be advised of the opportunity to lay cable at time of improvement but City has no influence over their decis- ion, and 2) that lighting has not been provided for in the pet- ition and that City could not pay for this utility. A]mquist said that jn a subdivision the lighting is required and paid for by developer. Alsing said he didn't think the people approv- ing the project bad thought of lighting and that they probably would not oppose the idea if approached. Laws commented on the delay which would be caused and it was decided that the plans should go forward on street etc. improvements and that the light- ing could be handled separately. Howard moved to bring back ordinance at next Council meeting; Laws seconded and on roll call motion passed unanimously. (Report on petition for street lighting to be brought back by Staff). Peterson moved to accept minutes of commissions, committees and boards and Acklin seconded the motion which passed with all YES. A request from William H. Boekenoogen, 2710 Siskiyou Boulevard was presented and a neighbor, Bernis Partridge appeared on behalf of the applicant. City Attorney Salter reminded Council that some time ago the League of Women Voters researched and determine.. that the City cannot legally sell water to anyone out of City limits and added that others are also prevented by municipal code to do likewise. Partridge said the applicant for the water connect needs water for household use only and that be has con- tinually requested water of the water department and has been put off for a few months at a time and still has no water. Sims noted that the house was built about a year after the pur- chase of the Bellview water system and wondered if this house was depending on City water. Alsing explained that after the trans- action it was found that in some cases more than one house was connected and that people ware offered City service at that time. AJ. sing said many took advantage of the offer and the multiple houses were split off. Laws moved to deny; Peterson seconded. Sims asked how many people are in that category and Alsing said he didn't know. Mayor said the Charter is specific in prohibition of selling water to consumers outside City. On roll call motion passed unanimously. 4/7/81 p, 2 Regutar Mcet~n~ ................ Food rending RequeSt Laurel Pavement Cut RVCOG WATER QUALITY SEWER CONNECTS REQUESTS 1450 Tolman Cr. Rd. 1029 Clay Street LIQUOR LICENSE REQUEST 1500 GPM PUMPER Letter from Kelly Rasmussen and John Barry was read requesting permission to vend food from a cart stationed at Mobile Service Station and discussion 'ensued relative to the permit allowed Joh~ Seligman to vend food on the Plaza last year. Rasmussen said he and Barry will use the same cart as Seligman used but are changing locations and plan to sell hot dogs only. Laws said he is reluctant to ~tart a precedent when there is nothing unique about proposal. Council recommended that Rasmussen discuss the plans with the Chamber of Commerce and come back with more infor tion, Peterson moved to defer action on issue until more inforE tion is available from applicant and staff; Sims seconded and tP motion passed unanimously on roll call vote. A letter from Edwin R.'Chapman, 270 N. Laurel Street requesting permission to cut pavement in Laurel Street between Van Ness and Hersey was read. Howard moved to grant request; Sims seconded. On Laws' question as to when Chapman plans to do the developing, Chapman said costs have sky-rocketed since he began plans but that he will start as soon as possible. On roll call motion passed unanimously. Almquist reviewed letter from Rogue Valley Council of Governmet and basic water quality improvements made under 208 Program an~ recommended the City support on-going efforts by commiting $501 per year for its support. Laws agreed on the need citing the fact that Ashland's'geographic location and its proximity to t' watershed along with the reservoir flushing make correction pollution at this end imperative. Peterson moved the City participate in funding Df water quality program; Acklin second and the motion passed unanimously on roll call vote. Almquist read memo from Director of Public Works Alsing notin~ application for sewer connect to serve 1450 Tolman Creek Road which is outside of the City limits. Almquist said the propel meets all ordinance requirements and can be served by the exi: ing sewer main and that property owner will have to sign for future annexation, Laws moved to grant request; Acklin secon and the motion pas~ed unanimously on roll call vote. Almquist explained there is need for right of way and recc mended request be deferred until work can be done on above. Sims so moved; Howard seconded and the motion passed unanimo~ on roll call vote. Request for Dispenser Class A liquor license for Loli's La Espanola from Delores Foshee was considered and recommendati for approval from Chief Lively submitted. Howard moved to approve request; Acklin seconded the motion which passed una mously on roll call vote, Fire Chief LeeRoy King reported receipt of 1500 GPM Pumper and said the vehicle had appreciated $18,000 since its ordm went several months ago. 4/7/81 P. 3 BLUEBIRD PARK STAIRS APPLECATE DAM PROJECT PUBLIC FORb~ LIQUOR LICENSE REQUEST LEAGUE LEGISLATIVE SESSION ASHLAND SANITARY RATE INCR. POLICE CAR FOR RESERVES A memorandum from Alsing was read notifiying Council of complet- ion of stairs in Bluebird Park which were constructed by the Lions Club and built with funds donated by interested individual was read. Dale moved that appreciation be expressed to the Lions Club and instructed Almquist to write a letter to this effect. Sims seconded the motion which passed unanimously on voice vote. Almquist reported on activity of application for hydro power from Applegate Dam and said there have been several cities interested in sharing in 50% of the cost of the project and that it may not cost the City of Ashland more than 15Z. AIm- quist noted the Cjty of Drain has also applied after our initial application and presumed ours would have precedent. Report for information only. Richard Parson requested consideration for a transfer of liquor license for Ashland Country Grocery and Dale moved to place ite:n on agenda; Sims seconded and motion passed unanimously on voice vote. Ho~arc] then moved to grant request; Sims seconded the motion ~hich passed unanimously on roll call vote. .Mayor Medaris reported there would be a legislative meeting by the League of Oregon Cities at the Holiday Inn on April 23rd at 7:30 P.M. and urged the Legislative Committee appointed by the Mayor recently to attend. Almquist said he would like to call a meeting of the conm~ittee by the session takes place. A letter from Ashland Sanitary Service and confidential report of financial condition had been submitted and principals were in the audience to answer questions. Almquest read a Resolution relative to increase and Howard moved to adopt; Peterson seconde: and motion passed unanimously on roll call vote. A memo from the Director of Finance was read requesting that consideration be given retaining one of the patrol ~ars which normally would have been traded in, for the Police Reserves. Chief Lively reviewed annual report saying that crime is up 7.7% and cited one of the problems has been the loss of one officer which places the department of working on cases after the fact and less opportunity to do preventive work. Lively reported on the successful programs involving the Explorers and Reserves and discussed the recently implemented 911 emergency communications. Lively noted closure of the Police Department to the public from 5:30 on and sa]d the 911 system will make operation unnec- essary and free officers for field work. Leigh Johnson, Lt. Res reported on the hours donated by reserves and offered the City a gift of $952 to purchase a radio for the Police Department. Laws moved to approve retention of police car for Reserves and accept Johnson's donation; Peterson seconded and the motion passed unanimously on roll. call vote. 4/7/81 P. ~ CETA/SENIOR PROGlUM A letter from Senior Program Director Stein was read requesting that employee now on CETA/PSE contract be retained on OJT program at a cost of $1,370.79 to the City. Peterson moved to approve; Laws seconded the motion which passed with all YES on voice vote. PARKING LIMIT ON WINBURN LOANS FOR WATER/SB?ER CONNECT EMERGENCY WATER USE REG. ECONOMIC DEVELOPMENT COMM. A memo was read from the Traffic Safety Commission passing on a reconm~endation from Judge Allen Drescher that the two hour parking spaces on Winburn be changed to four hour space to allo~ theatre-goers the opportunity of seeing the plays without gettin parking citations since they all last over two hours. Almquist outlined the plan adopted some months ago making the first twenty spaces two hoar limits and the remainder four hour and told of the many letters protesting parking spaces adjacent to the theatre to be short time limits. Howard moved to amend to allo~ 4 ho~r parking; Acklin seconded. The Mayor said it spaces are not necessarily for Shakespeare parking alone but that people who shop or picnic also use the spaces. Bush Hoyden who o~ns a business on Winburn said there are usually a few spots avail- able. S~ms said that this time of year people use tile park ard they shonld have space to park and pointed out that parking is not for Shakespeare goers only. Peterson said she is willing to pay for parking when out of town and here it seems they just Hon' know where to park. On roll call, Dale, Howard, Peterson, Laws and Acklin voted ~n favor of request; Sims voted against. Dale asked for review in six month to see if the modification is work- ing, and Almquist was directed to bring resolution back. Almquist read memo and reviewe~ policy allowing subdividers and individuals to borrow City funds for the payment of water and sewer connection charges and said the program has proved burden- some for the Finance Department. Almquist added that such loans reduce funds which should be available for c~rrent Water depart- ment operations. Acklin moved to repeal policy for such loans; Laws seconded the motion which passed unanimously on roll call vote. Mayor Medaris requested consideration for amending the peak-hour water moratorium criteria and snggested some provision be made to control swimming pool filling, washing cars, driveways etc. and asked that Staff bring back an amended ordinance clarifying restrictions. Laws expressed concern for people who are unable to maintain gardens because of hours and suggested timers be im- plemented which would be convenient and inexpensive. Sims moved that staff bring back reconmaendations as suggested by Medaris and Laws; Peterson seconded the motion which passed unanimously on voice vote. Planner Fregonese reviewed building activity and said that the permits allocated when ti~e moratori~ went into effect still remain with the exception of twelve and recommended that consid- eration be given to allow for industrial hook-up where not much more than single family consumption would be needed. Laws moved that ordinance be so amended and brought back; Acklin seconded and motion passed unanimously on voice vote. 4/7/81 P. 5 WATER BOND Canvass of Votes, Mayor's Proclamation Occult Arts Ord. Repeal State-shared Revenues Systems Development Charges Dogs In Public Parks Ord. Councilman Howard thanked the Mayor and City Administrator Aim- quist for all of the time and effort put into dissemination of water bond information to the public. Acklin agreed and suggest- ed that Council put forth an effort to get the message to the voters relative to the necessity for rehabilitation, repairs and improvement of the City's water system. Council agreed to get the information out to the voters to hopefully neutralize the misinformation being printed and mailed. Sims said that the public wants to hear from their elected officia]s and they should put something together and go back to discuss the matter themselves. Nedaria said in all his career he has never seen more dedication than that shown by Almquist and staff on this issue. Almquist read the Canvass of Votes (changed meeting place to Hillah Temple) and Laws moved for adoption of the Resol- ution; Peterson seconded. Medaris said since the election he has done research and learned that 28% of the water out of the plant is lost and wbi]e a good system normally loses about 10% the City is in fact losing 18% over that average figure. Medar~, went on to say that in dollars the loss runs $99,797.02 a year~ On roll call on the adoption of the resolution all voted YES. Medaris' proclamation was read and Laws moved to authorize; Peterson seconded and the motjon passed unanimously on roll call vote. Second reading was given an ordinance by title only repealing Chapter 10.76 entitled "Consumer Protection - Occult Arts" and Peterson moved to adopt; Acklin seconded and the nlotion passed unanimously on roll call vote. Second reading by title only was given an ordinance electing to receive State-shared revenues and Acklin moved to adopt; Peter- son seconded and the motion passed unanimously on roll call. Second reading by title only was given an Ordinance establishing systems development charges and Laws expressed concern on fees in the absence of the passage of water bond. Howard questioned conversion from residential to commercial. Council agreed to defer until next meeting and Dale so moved; seconded by Peterson and passed unanimously on voice vote. Almquist reviewed memo giving background for increase of annexa- tion fees from 1¢ per square foot to 5¢ to be a short of "buy- in" for developers in payment of systems development charges and read the Ordinance amending Chapter 4.16 relative to sexier liens and annexation fees. Almquist suggested the builders who wish to comment on the systems development charges above may also want to study this Ordinance. Howard moved to defer; Peter- son seconded the motion which passed unanimously on voice vote. First reading was given an Ordinance amending Subsection A of Section 10.68.200 of the Municipal Code relative to dogs in public parks and Peterson moved to second reading' Laws seconded and the motion passed with all voting YES except aims who was momentarily absent from the room. 4/7/81 P. 6 Cooper-Smay Agreement Sunshine Subdivision Agreement Airport Resolution Transfer of Appropriations City Offices Lease Agreement Mayor's Proclamation Grange Week March of Dimes Walk America Mayor's Appointments Departmental Reports Liaison Reports Economic Development Committee Justice Center Departmental Reports Almquist reviewed agreement between Cooper and Smay relative to future ass~ssments of certain improvements and Dale moved to authorize signatures; Howard seconded and on roll call all YES. Ratification of an Agreement with developers of Sunshine Sub- division was presented for drainage control for a period of five years and it was noted that it had cleared the Planning Commission. Laws moved to s~thorize the Mayor's and Recorder's signatures; Howard seconded and on roll call the motion passed without opposition. Deferred Deferred Lease Agreement was submitted and Almquist explained that the rental had increased 8%, or $30 and recommended approval. Sims moved to approve; Laws seconded and on roll call all YES. Sims moved to approve both the Grange Week and March of Dimes Walk America week and Acklin seconded the motion which passed without opposition on roll call vote. Deferred Acklin moved to accept; Laws seconded and on voice vote, all YES Planner Fregonese reported that the Energy Office and Technical Assistants Grant program assigns people with expertise to develop an Energy Conservation Program at no cost to the City. Laws moved to approve grant application; Dale seconded the motion which passed unanimously on roll call vote. Fregonese asked permission to place labor force questionnaire in the utility bills in an effort to get an accurate statistical survey done. Almquist said they could go in lieu of the May Newsletter. Council was agreeable as proposed. Almquist reported on problems relative to acquisition of siding for the Justice Center and explained that the agreement worked out with McGrew Bros for supplier to make certain material available has not come to pass because siding cannot be made available from the source as planned. Almquist said that the siding has now been found to be available from a source in Roseburg but as a result of the aforementioned agreement not taking place, there will be an additional cost of $12,000 for material and labor touse the siding from Roseburg. A]mquist added that the City will retain the $10,000 worth of material not being used for future warehouse construction. Acklin moved to accept and place on file; Laws seconded and on voice vote passed unanimously. 4/7/81 P. 7 ADJOUP~NMENT The meeting adjourned at 10:35 P.M. with a reminder by the Mayor of the Bndget Meeting on Thursday evening, April 9. Nan ~.Franklin City Recorder Mayor ih 4/7/8z P. 8