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HomeMy WebLinkAbout1981-0421 REG MINMINUTES OF TIlE REGULAR MEETING ASHLAND CITY COUNCIL April 2]., 1981 PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES COMMIINICATIONS, PETITIONS & REMONSTRANCES Minutes of Boards, Commiss- ions & Committees Oregon State Speed Control Oregon State Housing Div. Tour Business Petition David Schmidt Occult Arts Ordinance Having led the Pledge of Allegiance, Mayor Medaris called the meeting to order at 7:30 p.m. on the above date in the Council Chambers. Sims moved to approve minutes of the regular meeting of April 7, 1981; Howard seconded the motion which passed unani- mously on voice. vote. Acklin moved to accept minutes of boards, commissions and comm- ittees; Laws seconded the motion which passed unanimously on voice vote. Letter placed on file, no action necessary. A letter from Oregon State Housing Division was read requesting endorsement for Section 8 Housing Assistance for new construct- ion at 2408 Siskiyou Blvd., and since Council was advised that the site plan approved by the City Planning Commission was for' seven units rather than the five units requested in letter Laws moved to table approval until such time as the revised plan can be approved by the Planning Commission; Acklin seconded the motion which passed unanimously on voice'vote. A letter from David Schmidt requesting permission to establish a tour business based in Ashland for purpose of transporting people to Jacksonville, Crater Lake and waypoints in the valley; and a letter was read from holder of taxi franchise Dennis Perkins. Perkins said' that chances of conflict would be mini- mal should Schmidt get PUC authority to operate. Sims moved to approve pending Schmidt's obtaining PUC permit; Howard seconded the motion which passed unanimously on voice vote. Sims reported that progress had been made at the study session relative to a new ordinance dealing with fraud and recommended Council continue on with repeal of original ordinance by over- riding Mayor's VETO of Ordinance 2124 which repeal~ prohibition of occult arts for profit. Sims so moved; Peterson seconded and the motion passed unanimously on roll call vote. Dale expressed willingness to work on new ordinance and respects ~yor's position. Medaris said he appreciates that willingness and will allow the citizens to make their positions known by legislative means. Laws moved that proposed ordinance be placed on next agenda; Dale seconded and the motion passed with all AYES. 4/21/81 P. i Re8ulgr ~eeting Ashland City Council 4/~/81 P, SISTER CITY REPORT Dundas Water Line Request HOT DOG VENDING REQUEST Senora Chela introduced Judith Wilson to report on newly formed AIASPA group associated with Amigo Club in Ashland and Guana- juato. Wilson reviewed the past activities of the groups including the 4th of July celebrations - the Guanajuato Queen's visit along with the Mayor and other dignitaries. Finally Wil- son reported it is their plan, if acceptable to Council, to erect some type of symbol/monument in the Guanajuato Way area to represent the friendship cultivated between the Sister Cities. Wilson said that the City of Guanajuato has put up $500 for this effort and it is hoped that Ashland will endorse and support the proposal. Howard suggested that since Guana- juato Way is the Lithia Park extension that Wilson approach them with the plans. Senor Chela announced that the Mayor of Guana- juato will be here for the 4tb of July. Sims suggested that whatever will be proposed should be as vandal-proof as possible. Mayor asked Howard who is Parks liaison to help with the plans. Howard said he would like to see the matter placed on Parks & Recreation Commission agenda. Mayor recommended that Fregonese be involved. No action necessary. A memo was submitted requesting a water connection by John Dunda and a map showing location of proposed water. line to serve property at 1029 Clay Street. Howard moved to approve; Acklin · seconded and the motion passed unanimously on voice vote. The matter of vending hot dogs at the Mobil Station was taken up, having been deferred from the previous meeting, and Kelly Rasmussen reported that he had talked to various persons in town including the Chamber of Commerce and the Dir- ector had supported the philosophy on a free enterprise note and felt the idea worthy of support. Reinert, Director of the Chamber spoke supporting the proposal but said he could not speak for the Board. Steve Shapiro, 1564 Ashland Street spoke in support of the idea and said he has no reservations as to the applicants whom he has known for several years. Laws said he isn't as concerned as much for the protection of other bus- iness people as he is committed to preserve the atmosphere of the town and the precedent setting process being considered. Howard brought up the fact that the Early Birds Lions Club has been selling fresh fish downtown and the City Administrator t~anked him for the information and said he would get in touch with the organization and end the effort. The possibility of operating on Guanajuato Way was discussed and Acklin recommended tbat Performance Standards be drawn up for various activities being contemplated. Reinert agreed that the capital improvement~ of the City belong to everyone and should be protected for over- all benefit of the community. Dale expressed concern with refuse as did other members and Rasmussen agreed with the need and said he would be careful to provide refuse containers and remind customers of their availability. Howard moved to approve request on six month trial basis; Dale seconded the motion. Howard told Rasmussen & Barry that the license would be cancelled if negative reports were made. On roll call Dale, Howard, Pet- erson, Acklio and Sims voted YES. Laws opposed. Regular Meeting Ashland City Council 4/2~/81-5 Noise Complaint - 195 Harrison The City Administrator reviewed research done on noise level regulations and noted there are no State laws governing units but said thatDEQ reports there are controls for sound levels exceeding 50 db at 25 feet from a residential dwelling. Aim- quist noted the letter from Kennedy Fuel gave 61 db at the rear corner of the house to 66.5 feet in the front corner and said DEQ said this unit should be 65 feet from a residence to meet the 50 db criteria. Almquist added the unit is located within 15 feet of the residence now. Almquist asked Salter for legal clarification of the noise ordinance as it is written. Attorney Sa]ter reviewed the legal aspects of the noise problems with heat pumps and said our ordinance speaks to unnecessary noises etc. and wondered if we can prove such noise as unnecess- ary since the heat pump could be considered necessary to heat and aircondition a home etc. Bob Voris, owner of the unit said he had constructed a fence in an attempt to buffer the sound and is taking recommendation of Kennedy Fuel by latticing the unit further reduce sound. Voris introduced his son who is a professional Audiometer specialist and who demonstrated sounds in decibels to Council to illustrate degree of sound and scales. Dale asked Voris if the pump has been shut off and said it was indeed a loud and shrill noise. Dale said he lives in the area and can hear the pump as he rounds the corner on Iowa and Harrison and feels its a horrible noise to inflict on your neighbors. Voris said the pump has been off since painting ~as completed. Ron Voris said wire mesh may further alleviate the sound. Hancock said there are other ways of heating/Cooling a house and asked that alternatives be considered. He said the high frequency noise and the buzzing when it is cold has disturbed his rest and has shut off the life sounds necessary for survival after his occupation k~eps him cooking under a fan all day. The owner of a home at 180 Harrison said the neighbors had hoped the fence would help the noise problem but were disappoint ed that it is all too noisy. Barbara Gray of 215 Harrison said she continues to be bothered by the noise and that she also speaks for the people at 669 Iowa. Hancock said there is a difference between daytime noises and those heard at 3 a.m. when they shake you out of a sleep. Han- cock said the unit operates in the open air and when people heaz ~.~ from Siskiyou to Iowa it is not only he who is bothered by it On Dale's question as to how soon Voris intends to work on the problem, he said as soon as he finished one other short project. Peterson asked Voris how much it would cost if the heat pump were to be replaced and Voris estimated $4,000, and that he knows of no way to heat/air condition without noise. Hancoek suggested natural gas. A gentleman in the audience said there must be something wrong with the heat pump to create such noises and suggested the manufacturer check it out. Law~ said he would like to refer to Planning Commission to find out how many heat pumps are fun- ctioning in town in order to prevent future problems if this turns out to be typical. ....... continued 4/21/81 P. 3 Regular Meeting Ashland City Council ~/21/81 P. Noise Complaint continued Instrument Approach - Airport 1981-82 Budget Acceptance Liquor License - Vintage Inn East Main Pavement Request PUBLIC FORUM Siskiyou Wheelman Allison St. Maple Tree On question as to whether the pump could be relocated on lot away from Hancock's residence, Voris said that Fregonese looked at it and suggested it not be moved for fear it will create a new problem. Dale said he feels Voris should have the ~pport- unity to modify pump area to lessen noise. Sims moved to table, refer to Planning Department for report and place on agenda for May 19; Laws seconded and on voice vote passed unanimously. Alsing reviewed letter from FAA relativ~ to instrument approac~ at Airport and recommended against such method because of geo- graphy and other factors and Council instructed Almquist to write FAA indicating we do not wish to proceed with this application. No action necessary. Council agreed to accept budget from Budget Committee and set public hearing date for May 19, 1981. On voice vote, all YES. With recommendation of approval having been submitted Peterson moved for approval of liquor license transfer for Vintage Inn and Laws seconded the motion which passed unanimously on voice vote. Peterson moved to approve request from Pacific Northwest Bell to cut pavement at Justice Center (E. Main Street) and Dale. seconded the motion which passed unanimously on voice vote. Darrell Botdt sa~d he would like to address Council when the Systems Development Ordinance comes up on the agenda. President of Siskiyou Wheelmen Robert Eiffert requested con- sideration be given ciosure of Winburn Way between the inter- sections of granite and Nutley. Peterson moved to put on agenda; Dale seconded the motion which passed unanimously on voice vote. Eiffert presented plan for three day bicycle event and outlined route for race. Council agreed that the event could pose a danger to people using park, because of the Memorial Day holiday and because of Granite and Nutley being congested with traffic and parking. Other alternatives were discussed but Eiffert said the college track, residential neighborhoods and E. Main Street area South of town would not be good for safety of cyclists and various other reasons. Eiffert's criterium bicycle race p~.ans were met with enthusiasm and was supported by Elliott Reinert, Chamber Director, but the time and location caused skepticism on part of the Council ~nd Laws moved to table; Sims seconded. Howard suggested Eiffert speak with Parks Department and Planning Department for possible solutions. On voice vote, all YES. A gentleman in the audience expressed concern for a beautiful maple tree on Allison Street where sidewalk repairs are called for and wondered if the tree could be saved. The gentleman, Hans, asked for alternatives representing property owner absent from the State. Laws moved to put on agenda; Dale seconded the motion which passed with unanimous voice vote. Dale said he lives on the street and the possibility of losing the maple has caused a major emotional trauma in the neighborhood. ...... continued 4/21/81 P. 4 _R_egular Meeting Ashland City Council 4/2]/81 P. 5 Allison St. Maple,Tree Electric Crew ORDINANCES, RESOLUTIONS & CONTRACTS Dogs in Public Parks Flood hazard area Systems Development Charges Sewer Liens & Annex. Fees Impr. of Beswisk Way Ramping of the sidewalk around the tree was discussed and the City Administrator asked Alsing to inspect. Alsing said there will be numerous problems and decisions and asked how much ramp- ing would be wanted. After further discussion relative to root cuts and having hortoculturists check the trees out it was decided to research the policy pro- blem etc. and report back to Council. The Mayor commended the Director of Electric Utilities and his crew for emergency repairs and safe operation in risky occupation. Second reading by title only was given an Ordinance relative to dogs in public parks and Laws moved to adopt; Peterson seconded and the motion passed unanimously on roll call vote. Second reading by title only was given an Ordinance relative to areas of special flood hazard and Peterson moved to adopt; Howard seconded the motion which passed with all YES on roll call vote. Second reading by title only was given an Ordinance establish- ing Systems Development Charges. Darrell Boldt said he sup- ports the concept of the development charges but said he would like to see to costs kept down and suggested that Item No. 1 on Page two of the ordinance be deleted because of failure of the water bond issue and Laws moved to amend deleting same snd asked the section relative to "Domestic Water Distribution Systems Charge be "Reserved" as are Items 4 and 5 of the sectiov Howard seconded the motion which passed unanimously on roll call vote. Laws then moved to second reading as amended and Acklin seconded. The motion passed unanimously on roll call vote. First reading was given an Ordinance amending Chapter 14.16 of the Municipal Code relative to Sewer Liens and Annexation Fees. Laws moved to second reading; Dale seconded and on roll call Howard, Dale, Acklin, Laws and Peterson voted YES. · ims was absent from the room. City Administrator Almquist gave first reading of an Ordin- ance and recommended that "or the appropriate debt service fund" be added in the third line of Section 4.24.070 on page 5 and Sims moved to pass to second reading as amended; Acklin seconded the motion. Almquist noted the street lights previ- ously discussed had been included in the estimates. On roll call motion passed unanimously. 4/21/81 P. 5 Regnlar Meeting Ashland City Council 4/21/81 Sidewalk Repair (reverse order with Beswick) Improvement Bonds Dist. 47 & portion of 46 Moratorium/new construction Peak Hours Water Reg. Ord. Electric Service rates Water Rate Schedules A memorandum from the City Attorney was read relative to the time period allowable after notice is received by property owners and after some discussion ±t was decided to add the words "(within thirty (30) days or' such ~riod of time as determined by the City Council') to the Ordinance. Almquist gave first reading as corrected and Acklin moved to second reading as amended; Dale seconded the motion which passed un- animously on roll call vote. First reading was given an Ordinance authorizing improvement bonds for Street Improvement District No. 47 and portions of No. 46. Almquist noted corrections in the Ordinance and Laws moved to second reading as amended (corrections: (add Larry Mattson - 5BD 1902, 4,442.08 under Unbonded Assessments from Dist. 46 and change amount total to $31,120.65; change total Qf bonded improvements to $164,708.47; change amount in Section 1 to $164,708.47 and make amount changes on last page of ordin- ance as noted here in corrections). Sims seconded the motion which passed unanimously on roll call vote. First reading was given an ordinance relative to a moratorium of new construction in the Southeast portion of Ashland and Council agreed to add "affected" to property owner in Sec. E and Sims moved to second reading as corrected; Acklin seconded. Dale requested abstention because of ownership of property in area. All others approved the measure on roll call vote. Staff was directed to notify applicant for water service at previous meeting of permit availability. An ordinance was given first reading amending Ordinance No. 211Y relative to emergency water use regulations at peak hours and Council agreed to correct to delete "from 12 A.M. to 12 P.M. in fourth sentence of Section 1 and replaqe "odd" for "even" in line seven. Peterson moved to second reading with corrections; Sims seconded the motion which passed unanimously on roll call vote. ~irst reading by title 0nly was given an Ordinance proposing amendment to Chapter 14,16 of the Municipal Code relative to the rates charged for electric service and declaring an emer- gency and Sims moved to second reading; Dale seconded the motion which passed unanimously on roll call vote. First reading by title only was given a proposed Ordinance amending Chapter 14.04 of the Ashland Municipal Code relative to the water rate schedules, and declaring an emergency and Sims moved to second reading; Acklin seconded and the motion carried by unanimous roll call vote. 4/21/81 P. 6 Regular Meeting Ashland City Council 4/21/8! F, ' Sewer User Rates Transfer of Appropriations Ashland Airport Zone Change Resolution on Sidewalk Repairs Proclamation - Small Bus. Wk Mayor's Appointment CPAC Sister City Departmental Reports Liaison Reports First reading by title only was given an ordinance amending AMC Chapter 14.08 relative to sewer user rates and Laws moved to second reading; Sims seconded the motion which passed una mously on roll call vote. A Resolution transferring appropriations w~thin funds was read and Council agreed to delete Item 8 for $1,600 (Bikepath Monies) and Laws moved to adopt; Peterson seconded the moticn which passed unanimously on roll call vote. A Resolution initiating Annexation, Comprehensive Plan Amend- ment and Zone Change on the Ashland Airport was read and Law~ moved to adopt; Dale seconded the motion which passed unani- mously on roll call vote. A Resolution relative to sidewalk repairs was read and Acklin moved to adopt; Peterson seconded tbe motion which passed animously on roll call vote. Mayor Medaris read a proclamation making "Small Business Week.? May 10-16 in the City and Peterson asked that women be inclu!~i in the second paragraph. Medaris appointed Richard D. Schultz to CPAC and Sims so moved: Acklin seconded the motion which passed unanimously on roll call vote. Acklin heartily endorsed. Mayor Medaris added Planner John Fregonese to the Sister Ci=y Committee made up of Jones, Kocks (Marvin and Grace T.) and Ferrer. Laws moved to accept departmental reports as submitted and Howard seconded the motion which passed unanimously on voice vote. None Adjournment City Recorder The meeting was adjourned at 10:50 P.M. Ma3<or ih