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HomeMy WebLinkAbout1981-0616 REG MINMinutes of the Meeting Ashland City Council June 16, 1981 ROLL CALL APPROVAL OF MINUTES PUBLIC HEARING: IMPROVEMENT OF GRANITE ST. MINUTES OF BOARDS, COMMISSIONS/ CO~4ITTEES Mayor Medaris called the meeting to order at 7:30 p.m. on the above date and led the Pledge of Allegiance. Present were council members Sims, Dale, Laws and Peterson. Acklin and Howard were absent. Laws moved to approve minutes of the adjourned meeting June 9, 1981, Peterson seconded the motion which passed unanimously on voice vote. A memo was presented from the Engineering Dept. noting that a petition for paving of Granite Street was received and signed by property owner Mark Cooper and also an assessment agreement between Cooper and Smay. Combined footage owned by these two parties total 55.92% of the project frontage, the City having 24.17% and the remain- ing 19.9% represent owners not signing the petition. Almquist noted the estimated cost to be $40.23 per foot. The public hearing was opened and Bill Moore, 518 Granite, representing neighbors, organized into a group called Friends and Neighbors of Granite Street, spoke protesting the paving and said as a taxpayer he objected to the City paying appr. $17,000 for its share of the improvement. He also voiced concern the paved street might be a favorable factor for the Lithia Park Corp. development. A resident of 514 Granite said she was a widow on a fixed income and could not afford the assessment. Mary Ann Santee said she lives above Granite street and does not have frontage but opposes the improvement because the unpaved street tends to slow traffic down. Mark Cooper, 538 Granite said he applied for improvement as a resident, not a developer, because of the dust problem and that he has a right to have the street paved if he is willing to pay for the improvements. Cooper said he has lived in the City for one year and has previously inquired about requirements for improvement of Granite St. He fur- ther explained the agreement with James and Betty Smay and his evidential purchase of their property. On Laws question of City participating in improvements, Almquist said it is the policy of the City to get streets paved if possible and City has participated in other Ban- croft Districts. Sims questioned the status of appeal for the development and Almquist said a public hearing was set for July 14, 1981. Peterson warned of falling in a trap of tying issues to- gether and supported going ahead with improvement request. Dale moved to approve paving request; Peterson seconded and on roll call vote all in favor. Laws moved to accept and place on file; Sims seconded and on voice vote all in favor. 6/16/81 p. 1 Regular Meeting FIREWORKS CONTRIBUTION OUTSIDE CITY WATER CONNECTION OUTSIDE CITY SEWER CONNECTION Ashland City Council 6/16/81 P. 2 A letter was read from Elliott Reinert, Exec. Director of the Chamber of Commerce asking the City Council to contri- bute $2,500 toward the 4th of July fireworks display. Reinert spoke, saying the goal is for $7,500 this year enabling them to purchase larger units. On question of community support from Peterson, Reinert said the City gave $500 one year but other years support has been met by the community. Dale noted that the City is on a tight budget and wondered why the request was not brought up at budget time. Chuck Lemar, 809 Hillview, said the plans begin in January and help is all volunteer. He reported that it is a difficult task to raise money and they are asking City assistance to continue the uniqueness of Ashland's 4th of July celebration and people being able to view the fireworks from their own backyards. Laws said the 4th celebration is a high point of the year for him and he enjoys the fireworks but due to the problems facing the City, to even keep City services at the present leve~ he can't support the request. Peterson said she would hate to see the firework display not happen but felt each person should give more to support and suggested working with the Chamber to find ways to help. Kenneth Hancock, Hillview Dr. reminded the Council that money will be brought into town from all the people attending. Fred Schulze suggested a team of people going around town during the display asking for donations. Ron Kelso suggested asking for donations during parade. Mayor Medaris said he felt people would support the Council if a token amount was donated. Laws moved to deny request; Peterson seconded; on roll call vote all YES. A letter from James Ochs, 1497 E. Main St., was rea~ again requesting a water connection outside the city limits. A prior request was received in Nov. 1980 but tabled pending completion of water tests. Ochs said the water tests have been consistently tested below minimum health standards due to surface water seepage, and he reviewed alternatives but felt the only problem free alternative would be to ob- tain permission for city water hookup, since the city water line is in front of their property. A memo from Almquist was read noting the City Charter prohibition of the sale of water outside the City and the Ashland Municipal Code not having a rate schedule for water connections outside the City limits. A short discussion followed on water being provided for Oak Knoll in 1974 and Laws said legally the Council didn't have a choice and moved to deny request, Peterson seconded; on voice vote all YES. A memo from Public Works Director Alsing, along with a request for City sewer connect from Judith McKenzie, 161 and 163 Walker Ave. was read. The memo notes that infor- mation presented qualifies the property for City sewer 6/16/81 p.2 Regular Meeting RICKSHAW SERVICE CEDARWOOD INN LANDSCAPING UTILITY SERVICE TERMINATION POLICIES Ashland City Council 6/16/81 p.3 under present ordinance. Further noted was if request is granted it would be advantageous to require signature for paving as well as signature for annexation as part of the agreement. Judith McKenzie said the request was due to sanitation problems compounded by TID irrigation water. Laws noted the property was in the Urban Growth Boundry and did meet ordinance requirements, also would require a triple connect fee and a special monthly rate. Laws said he could not see any disadvantages and moved to grant re- quest, contingent on a signed agreement for street paving and annexation. Dale seconded the motion which passed unanimously on voice vote. A letter from Leonard Oxier requesting permission to operate a rickshaw service through Lithia Park was read. The letter stated that offering such a service would in no way create any traffic problems. The applicant was not present to speak. Dale reminded the Council that a similar request had been considered prior and it was decided there was a conflict with the taxi franchise operating in the City, therefore moved to deny request; Sims seconded and on voice vote all YES. On a request from Council, John Fregonese reported in a memo read, that prior to the Certificate of Occupancy being issued the owner had complied with the landscaping plan submitted for the site review and that the owner is cur- rently relandscaping some areas and adding landscaped areas to the State right-of-way. Also noted was a new admin- istrative rule for landscapin~ where in the future, all landscape plan~will require at least two types of decid- uous trees, three varieties of shrubs and at least one variety of spreading evergreen ground cover or lawn. Almquist reported on information received and reviewed on PURPA standards which may be mandated by proposed bill currently receiving favorable consideration by the Oregon State Legislature. After reviewing the City's present policy and that suggested in the Federal Law and Guidelines Almquist recommended city policy be revised only in the following areas: (1) the provision of a method for a third party to receive notice, (2) information to be provided on the availability of public assistance, and (3) a prohibition on disconnections where a doctor or health care agency has advised City that termination would endanger the physical health of the customer. Almquist said staff believes that the availability of the Equal Payment Plan is adequate and an installment plan would substantially increase administrative burdens on the util- ity department and would increase City's losses. Sims said he supported the installment plan and suggested 10% down at the beginning of a contract. He reviewed briefly the present cut off policy after a bill is two months delin- quent and said the only thing that would be added would be 6/16/81 p.3 Regular Meeting LIQUOR LICENSE REQUEST BIKE COMMISSION RECOMMENDATION Ashland City Council 6/16/81 p.4 collecting over 10 months. He voiced concern over Council extending further credit to McGrew Mill delinquent bill and said careful guidelines should be set. Medaris said he supported the present equal payment plan and if payment plan was approved it would errode the General Fund if com- merical accounts are allowed and doesn't feel it is good for the City. Laws said he supported the Council policy on the McGrew account and also supported the equal payment plan and recommended the plan be for residential customers only. Laws moved to place ordinance on agenda under ordi- nance and resolution section;Sims second. Medaris suggested holding a public hearing on the plan. Dale said he didn't feel he had enough background and suggested postponing. Peterson said matter has been an agenda before and should be acted on. On motion to place on agenda 3 YES, 1 NO. On request of Mayor Medaris, City Attorney Salter reviewed the State's policies and position concerning the number of liquor licenses to be issued in a given area and reported that the Commission assumes that the City takes into con- sideration the number of licenses in the area when it makes recommendations. Mr. Skidgel said if Ashland limits license to one license per every 2,000 people as the State does, Ashland is over their limit. A letter from Daniel Ahern was read voicing his concern over a license recommendation for the Cedarwood Inn being approved by the Council at a prior meeting. Mr. Ahern, Beswick Way, said he spoke for neigh- bors that lived across Siskiyou Blvd. from the motel. He reported the area is residential and property owners main- tain the yards but the Inn's grounds are not maintained and there are plans for a lounge and a disco. He said the neighborhood is unsuited for that type of business and there would be loud noise late into the night. He asked that Council reconsider their prior decision or confine it to no dancing or music. He also reported that a petition with 30 names had been sent to the OLCC office asking that request be denied. Laws said Council should act on issue before them and City pOliCy iS tO have police check an applicant for criminal record, etc, and concern was not with too many or too few but consideration should be given concerning neighborhood. Laws moved to approve Sabatino's Restaurant application for a dispenser class A license; Sims seconded; on voice vote, all in favor. Sims moved to approve Le Cave Restaurant application for a dispenser class A, class C and retail malt beverage license; Peterson seconded; on voice vote all in favor. A memo was read from Public Works Director Alsing noting that the Ashland Bikeway Comm. recommended that warning devices for bicyclists be rediscussed. Peterson said a 6/16/81 p. 4 Regular Meeting PUBLIC FORUM ORDINANCE/ RESOLUTION REAL PROPERTY TRANSFER TAX Ashland City Council 6/16/81 p. 5 public hearing had been held and it was decided a warning system was needed. Kenneth Hancock, 814 Hillview said he had walked to the Council meeting and all bicyclists that had passed gave an audible warning. He said he felt most bike users were courteous and the problem was having a bike path on a pedestrian sidewalk. Sims said he liked the control of a bell rather than a voice warning but enforce- ment is not available. Medaris reported senior citizens have been knocked down on the bike path and they would like more patrolling. Sims suggested using reserve officers and move to deny reconsideration; Peterson seconded. On voice vote 3 YES 1 NO. Laws moved to place question of reconsiderating Cedarwood Inn liquor license application on agenda; Peterson second- ed; all unanimous on voice vote. Laws said each side should have opportunity to speak and moved to place an agenda for next Council meeting; Peter- son seconded. A short discussion followedEn application already returned to OLCC for consideration and Recorder Franklin advised that application had never been picked up by applicant. Laws moved to amend motion to include that application be held; Sims seconded. On voice vote all in favor to amend. On original motion as amended, voice vote, all in favor. Philip Gager, 539 Clay St. requested that City take care of their responsibility concerning his drainage ditch that is harboring vermin and rats. He noted there was an agree- ment between the City and the State concerning this area and asked that something be done. Almquist asked that re- quest be postponed until the public Works Director has looked at the document. Laws asked that research be done and place on July 7 Agenda. Director of Finance Nelson read his memorandum on "Pro- posed New Revenue Sources: and commented on the Historic Background Findings of the Budget Committee, why a Pro- perty Transfer Tax, why a Gasoline Tax and Revenue Shar- ing Implications. Don Rist, 310 Bridge St., Public Relation Chairman for the Ashland Board of Realtors, said their organization, as well as a majority of the property owners and prospective purchasers in Ashland are deeply concerned with the Coun- cil's consideration of a % of 1% Property Transfer Tax as a means of raising new revenue and they feel the ordinance is detrimental to those interested in real property. Rist reviewed the results of polls on public attitude that KCMX Radio and the Ashland Chamber of Commerce conducted and the polls reflected that the majority of residents con- tacted opposed the tax and wanted the right to vote on the proposed tax. Rist said the realtors recognize that the City is faced with an immediate deficit and greater future expenses but feel that the tax is discriminatory. Records of the past year show that only approx. 30% of property 6/16/81 p. 5 Regular Meeting Ashland City Council 6/16/81 p.6 purchased in Ashland was purchased by out-of-state buyers; therefore, residents will be paying the tax. Rist called attention to the difficult time young buyers have purchas- ing their first home and said this tax would make it even more difficult. He also voiced concern as to how soon the percentage would be increased when additional revenue was needed in the future. Rist asked the Council to seriously consider the far reaching problems this tax could impose on the people of Ashland. Joan Knight, 239 Oak Street, said she has a house on the market and is concerned what effect this tax will have on selling it. Bob Fredinburg, Realtor, asked if the tax was necessary and if it was in the best interest of the people. John Cady said he was a new realtor and thinks all should 'bite the bullet' and suggested cutting services rather than imposing another tax. Philip Gager, Clay St., said adding tax could exceed what young people can pay. Duane Smith, Thornton Way, said no one likes to pay a tax and is disturbed that small segments are taxed and challenged the Council to go to the people for a sales tax. If they say no, cut services. Ron Kelso said as a realtor, he represents the property owners and said he knows the citizens do not want the tax and suggested the Council put it before the people for a vote. Almquist responded to the argument that tax will hit both buyer and seller by noting there is a third party, the Realtor, whose commission could be negotiated. Medaris reviewed his memo on 'Proposed Amendment to Real Property Transfer Tax Ordinance.' Medaris said one prin- cipal concern seems to have been raised concerning the tax rate being raised in the future and said that was not the intent of the Council or Budget Committee and to address these concerns proposed adding (1) a "sunset clause" which would repeal the ordinance in 3 years, unless hearings and Council action taken, (2) a clause which would "freeze" the tax rate for the life of the ordinance, and (3) during this specified period of time, Council would be committed to find a broad-based, growth oriented revenue base with a more stable yield. Peterson said she was not real com- fortable with tax but comfortable enough to vote yes with amendments and hoped people would tell Budget Committee what kind of tax they wanted or felt was fair. Sims said over thirty meetings had been held and people overwhelm- ingly didn't want services cut and also asked that taxes be fair and equitable. He said Council is faced with the choice of cutting services or finding a source of revenue. Laws agreed that citizens did not want services cut and reviewed and answered questions asked by several realtors. He said next year there will be larger problems and would hope to put a measure to the people for a sales tax or gross receipt tax. Laws also said if tax was referred, the Budget Committee would have to make cuts. Dale said he appreciated the realtors position but thought the Mayor's proposed amendment would take care of some of the 6/16/81 p. 6 Regular Meeting GASOLINE TAX REVOCATION FOR FRAUD ORDINANCE REGULATED PRAC- TICE ORDINANCE BURN PEP~IT ORDINANCE SALE OF COAL ORDINANCE HEAT PUMP STANDARDS ORDINANCE RESOLUTION-- SPECIAL ELECTION REFERENDUM-- OCCULT ARTS Ashland City Council 6/16/81 p. 7 concerns. He said maintaining the present level of ser- vice is really cutting the budget due to inflation and suggested approving the tax with amendments but change 'sunset clause' to 2 years. Peterson moved to adopt the proposed amendment changing time to 2 years, Dale seconded; on roll call vote all in favor. Sims moved to second reading ordinance amending a real property transfer tax, Dale seconded; all yes, on voice vote. Second reading by title only of an ordinance imposing a real property transfer tax was given, Sims moved to ap- prove, Laws seconded, all in favor on roll call vote. Pokie Roberts said she felt the Council has already made up their minds to approve the tax. D~n Wolffe, 1911 Tamarack Place, said the Council knows nothing about the gasoline business and the owner will have to absorb this tax and he was opposed. Dan Philips, 665 Chestnut said he would have to increase station hours to make up for the gas increase and he also opposed the tax. Ordinance by title only imposing a motor vehicle and aviation fuel license tax was read and Laws moved to adopt; Peterson seconded. A short discussion followed on money being designated for street maintenance and Almquist said reve- nue would go into General Fund and not be set aside in a separate fund. Sims said he objected to designation for streets. On roll call vote of motion. 3 yes, 1 no. Second reading was given an ordinance relative to revoca- tion of a business license for fraud and Sims moved to adopt; Laws seconded and motion passed on roll call vote, 3 yes, 1 no. Second reading was given on ordinance relative to regulated practices. Sims moved to adopt, Peterson seconded and on roll call for passed unanimously. Second reading was given on ordinance relative to burn permit fees and Peterson moved for adoption, Laws seconded and passed with all in favor on roll call vote. Second reading was given on ordinance concerning sale of coal for space heating and Laws moved for adoption, Peterson seconded and passed unanimously on roll call vote. Almquist asked to postpone, on request from Building Con- tractor Darrell Boldt, until next meeting to get feed back from building people. All in agreement. A resolution calling a special election on Sept. 15, 1981, relative to referendum on ordinance repealing Municipal Code provisions on Consumer protection--Occult Arts was read. Attention was called to a typing error in explana- 6/16/81 p. 7 Regular Meeting Ashland City Council 6/16/81 p.8 TRANSFER FUNDS LOADING ZONE PIONEER STREET CUSTOMER ACCOUNT- ING POLICIES DEPARTMENT REPORTS ADJOURNMENT tion, correction was noted and Laws moved to adopt, Sims seconded and passed with all in favor on roll call vote. A resolution was read transferring appropriations within funds and Peterson moved to approve, Laws seconded, passed on roll call vote with all in favor. A resolution establishing loading zone on Pioneer Street was read. Sims moved to approve, Peterson seconded, all in favor on roll call vote. Dale questioned the provision to place with a third per- son in the event of a contest and Salter reviewed alter- natives. Almquist noted on page 4, 14.02.100 (paragraph c) residential service to a customer will not be termi- nated for failure to pay for a nonresidential service at another address. Sims moved to second reading, Peterson seconded and on foll call vote all in favor. Laws moved to accept and place on file, Peterson seconded; all in favor on voice vote. Medaris noted that crime prevention showed a decline in monthly report. Chief Lively reported that crime was on the increase, but most of the officers time is spent investigating crime rather than prevention. Medaris asked that Special Police Service be placed on next agenda. Meeting adjourned at 11:40 p.m. N n 8. Franklin a City Recorder L. Gordon Medaris Mayor n£ 6/16/81 p. 8