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HomeMy WebLinkAbout1981-0707 REG MINMinutes of the Regular Meeting Ashland City Council July 7, 1981 ROLL CALL APPROVAL OF MINUTES GRANITE STREET IMP. Having led the Pledge of Allegiance, Mayor Medaris called the meeting to order at 7:30 p.m. in Council Chambers on the above date. Present were Howard, Sims, Dale, Acklin, Laws and Peterson. Laws moved to approve minutes of the regular meeting of June 16, 1981 and Peterson seconded the motion which passed unanimously on voice vote. A letter was read from Judith Kennedy, 506 Granite and it was noted a similar letter was received from Marilynn Marthoski opposing the cost of improvement of Granite Street based on front footage criteria. William Moore representing Friends & Neighbors of Granite Street was present and letter dated July i, 1981 was read urging Council to consider a different formula for improvements to include all residents who depend on using Granite Street in the area. Moore's letter also pointed out that Mr. Cooper (developer of proposed 28 units (approx.) had initially agreed to pay for the improvement because paving was essential for approval of development. A letter from Tim Ruttedrequested reconsideration relative to proposed assessment district saying that he prefers the street not be paved and cited the inequitibility of front footage formula. Rutten's letter had an attachment from Attorney Allen Drescher saying the developer (Cooper) had agreed to paying for the cost of paving and asked that such promise be honored. City Administrator Almquist showed map and said that it would be necessar3 to readvertise for another public hearing if Council decides to change the formula for costs. Almquist said that Council is the only body to judge benefits of improvements and make those determinations. Almquist added that there are a number of properties which are not being assessed at all and they will benefit every bit as much as the people having frontage on Granite. Moore cited Oregon State law relative to benefittin~ properties and said the area basis could be used. Cooper claimed that as a property owner on Granite he would want the paving done but that to be charged on a unit basis for the proposed development of 28 units would be assessing him again which he considers unfair. City Attorney Salter recommended that no modification of formula be considered at this meeting or property added and recommended reconsideration only after re-notice. Peterson moved to reconsider and Laws seconded the motion. Moore asked Director of Public Works if a 36 foot standard street is being considered for Granite and Alsing said no width has been considered and explained that should the street be 28 feet wide then parking would be limited to one side of the street and less than that both sides. Moore requested that the paving be limited to twenty four feet and said it could handle the traffic. Alsing was directed to present several formulas for assessing based on 50% front footage; 25% existing units with equal cost and 25% based on other square footage of existing prop- erties excluding City's park property. On roll call, Sims, Dale, Acklin, Laws and Peterson voted in favor; Howard opposed and the motion carried. Mayor Medaris appointed Peterson & Laws to a special committee to hold lstudy session. Laws moved to postpone until July 21st meeting; Sims seconded and on voice vote, all AYES. 7/7/81 P. 1 Regular M~ee_ting Ashland City Council 7/7/81 P.2 Cedarwood Inn Liquor License Req. PUBLIC HEARING Laurel Street Winburn Way Sidewalks Imp. MINUTES OF BOARDS, COMMISSIONS & COMMITTEES SOSC WATER CONNECT Dept. of Geology City Administrator Almquist read a letter from applicant Manfred Schulze dated June 19, 1981 and noted Council was given letter from Harumi Banks with petitions signed by 27 residents in opposition to the license citing concerns about increase of traffic, speeding vehicles on Park Street etc. Edwin Musgrave, 850 Beswick Way expressed concern as to where cars for the lounge would be parked and Schulze said that he has more than the Planning Commission had required. Dan Ahearn said that there are lots of people involved and since the rumor about disco dancing after the June 16th meeting he has seen increased activities. Complaints were expressed from neighbors of loud music even early in the morning. George Ward, 841 Beswick said at 2:30 a.m. when the bars close it will be difficult for the residents to get any rest. Cheryl Wagner, 681 Normal said she is concerned with the noise as she is located where it directs itself. Tony Zamatos opposed the license. Ahearn criticized Schultze's housekeeping saying the lot has been cluttered with an old van for weeks. He said to compound the problem would be the sale of bottled goods if the Legislature passes a law being considered at this time. Laws reminded the audience that if Schultze doesnlt keep the noise down his motel business will not succeed. Mayor asked Lively who is res- ponsible for signing Siskiyou Boulevard and Lively said the State does it. Laws said he doesn't think the noise will be as bad as the neighborhood fears and added that the problem, should a severe one develop, can be looked at when the renewal is considered and moved to approve; Acklin seconded the motion. On voice vote motion passed unanimously. A public hearing was opened on proposed installation of sidewalks on the East side of Laurel Street from SPRR South 215 feet; and the East side of Winburn Way from Playground entrance North 358. There was no comment from the audience and the Mayor closed the public hearing. Almquist gave first reading of an ordinance ordering the installation of sidewalks and Acklin moved .to second reading; Laws seconded and the motion passed unanimously on roll call vote. Howard moved to accept and place minutes of boards, commissions & committees on file; Laws seconded the motion which passed unanimously on voice vote. A letter from Southern Oregon State College petiti0ning for annexation, waiver of annexation fees and emergency water connection at 155 Walker Avenue was read along with communications from Jackson County Health Department. The City Administrator recommended approval of the emergency connect because of water pollution caused by adjacent septic tank and recommended that the agreement to annexation by signed and fee waived since its for public use. Peterson so moved; Howard seconded and motion passed with all AYES on voice vote. A letter from the Department of Geology was read relative to researching geothermal resources in area by Southern Oregon State College and seeking monies for mapping etc. Sharing in the cost was discussed and the City Administrator was directed to come back with more information before funding is ~utther discussed. Deferred to 7/21/81 meeting. 7/7/81 P. 2 Regular M__e~ting Ashland City Council 7/7/81 P. 3 CASA DEL SOL STAIRWAY 701 Indiana CUP Appeal P.C. Decision Noise/P.A. Request CLAY ST. DRAINAGE Cedarwood Liquor Lic. Wine Cellar & Omar's Health & Soc. Serv. INSURANCE LIABILITY BIDS/AGT. OF RECORD BIKE RACKS/PLAZA A proposal from John Connors was read & map shown of stairway and landscap- ing a portion of Bluebird Park adjacent to Connors' pottery shop. Connors explained the stairway would be used for egress to his building and the landscaping would be installed and maintained by him. After Council dis- cussed the proposal Sims said the matter should be subject to Council approval but that a committee should be formed to investigate the use and get input from Planning Commission. Mayor Medaris recommended that Jim Ragland be contacted to work with Council since it has essentially been his project (Bluebird Park) and Council agreed. PeterSon moved to defer for report; Laws seconded and the motion passed unanimously on voice vote. Public hearing set for July 21, 1981 by Mayor Medaris. A request for use of a public address system for street meetings on the Plaza by Faith Tabernacle Church was considered and Rev. Leo Wine spoke to the issue saying that he has experience with the street meetings and at one time considerable number have been held in the plaza. Wine also asked permission to use P.A. system in the Band Shell for concerts planned. Council discussed the traffic congestion in the Plaza and encour- aged Wine to have meetings without amplification or to hold meetings in the Band Shell with Parks permission. Sims moved to table; Peterson seconded and on voice vote all AYES with the exception of Laws who abstained. Director of Public Works Alsing read his memo outlining problem relative to drainage at portion of Clay Street easterly of Faith Avenue and recommended the ditch be cleaned and regraded to solve the problem. Counci] agreed with recommendation and there was no further action necessary. Police Chief Lively gave report on police procedures as they relate to liquor licenses saying he keeps a file on all such businesses in order to assess problem areas and mentioned the new package sales legislation being considered. Lively said that although Council recommends to OLCC it is the Liquor Commission who has sole authority over the license. On question from Council on Wine Cellar application Lively said there is no problem and Howard moved for approval - seconded by Dale and passed unani- mously on voice vote. Lively said there is no problem on Omar's applicatio~ and Laws moved for approval, seconded by Peterson and passed unanimously on voice vote. A report was submitted by Finance Director Nelson relative to Health & Social Servicess Agencies. Council accepted with no action necessary. Director of Finance reviewed costs of primary and excess liability insurance and requested that Tom Kennedy be made "agent of record" for the City at no cost for service. Council discussed the City's needs and authority of Nelson to negotiate with the insurance companies to secure the amount/type of insurance at cost of $40,465. Sims moved to so authorize Nelson to negotiate and Kennedy to be agent of record; Howard seconded and the motion passed with all AYES on voice vote. A recommendation from Bikeway Committee was read relative to placing bike racks in one parking space as North Main Street enters the Plaza. Alsing said the businesses had not yet been contacted for input. (Continued) 7/7/81 P. 3 BIKE RACKS/PLAZA continued PUBLIC FORUM The first parking space which causes vehicles to back out partially into the State highway was said to be hazardous and Council agreed to consider landscaping that first space and placing racks in the second space. The City Administrator was directed to bring a plan back for consideration at the next meeting. The manager/owner of "Time Out" supported the idea say- ing the use of the racks could be monitored at suggested location rather than across the street at median strip as someone had suggested. Almquist was asked to bring a cost estimate back. Chief Lively was asked to researc possibility and/or legality of bunching up bikes in a~y parking space. Lively said he will report. Howard moved to grant recommendation for one space for bike racks and one landscape space at end; Dale seconded and on voice vote all AYES. Input from merchants will be encouraged before any decision is made. City Administrator Almquist was thanked by Councilwoman Peterson for reopening applications for Administrative Assistant. Peterson asked about procedures for hiring and Almquist stated that outside interview panel would be used. On question of Almquist on duties of Assistant, Almquist said he mainly does personnel, union, wage schedules etc. at Administrator' direction and added he is not a Department Head but works directly under him. Almquist said he has planned to call in a board for selection. Medaris added that Almquist should have final say about who is chosen. Property Transfer Tax Ordinance 2nd Reading Almquist requested that Property Transfer Tax Ordinance be placed on agenda and Peterson so moved; Sims seconded and on voice vote all AYES. Howard said before the Ordinance is given second reading he would like to note that he was not at the last meeting when the first reading took place and asked to go on record as opposing the Ordinance. Laws said he has don~ a lot of thinking and is opposed to the "sunset clause" as part of the. Ordinance saying that if it turns out to be a bad tax it can be cut off without such a clause. Kelso agreed. Mayor Medaris said he felt the tax is needed for the short fall. Laws said the idea was to prevent a refer- endum if possible. Sims said there is a potential for misleading the public and that it should go before them. Laws moved to strike the sunset clause; Sims seconded the motion. Dale said the concept went through the budget process and that we were trying to deal with the short fall but ultimately looking for a better solution. Dale added that at the time the sunset clause was discussed there was no opposition. On roll call Acklin, Laws and Sims voted in favor; Dale, Peterson and Howard voted NO. Mayor Medaris broWthe tie with a NO vote and the motion to strike the sunset clause failed. Peterson moved to adopt the Property Transfer Tax Ordinance and Laws seconded the motion which passed unanimously on roll call vote. 7/7/81 P. 4 Regular Meeting Ashland City Council 7/7/81 P. 5 CUSTOMER ACCOUNTING POLICY ORDINANCE WATER & SEWER CONNECT FEES Howard said he has had numerous telephone calls and he is opposed to the Customer Accounting Policy Ordinance. Medaris said it was a campaign issue but that he is against as was the former Mayor who st~ll is against it. Medaris said there is no real need for it and that there are not that many cutoffs. The Mayor said such a policy will require extra personnel and increase work load of already burdened utility department. Medaris said we already have the senior discount and equal payment plan to help consumer and the policy would be an invitation to delay payment at low interest cost. The cost to program the computer would be about $1,000 the Mayor said. He continued by saying that the criteria set for privately owned utilities would not apply to us because they generate electricity and the City of Ashland has to buy the power. Medaris added that there was never a public hearing on the Ordinance. Laws moved to adopt; Peterson seconded. Donald Engelking of 2368 Greenmeadows spoke out against the proposed policy saying that we have the lowest rates anywhere because we are City-owned and if we give credit our rates are apt to be raised. Ingelking added that it would be a discriminatory policy because for those heating with oil there would not be the same opportunity with oil suppliers. Sims said it is unfortu- nate that the full impact never got out in the public and said that con- trary to statements he has heard people will not take advantage of the policy. Laws moved to adopt; Peterson seconded the motion. Dale said he doesn't feel there is sufficient problem to warrant policy. On roll call, Sims, Acklin, Laws and Peterson voted in favor of the motion; Dale and Howard opposed. First reading was given an Ordinance increasing water and sewer connection fees by twelve percent. Peterson moved to second reading; Laws seconded the motion which passed unanimously on roll call vote. ELECTRIC SERVICE First reading was given an Ordinance establishing connection fees for electric service and Peterson moved to second reading; Laws seconded the motion which passed unanimously on roll call vote. POLICE SUP. FEES First reading was given an Ordinance relative to revision of police super- vision service fees and Laws moved to second reading; seconded by Howard and passed unanimously on roll call vote. HEAT PUMP 0RD. Heat pump installation postponed to next meeting. PNWB INSTALLATION An Agreement with PNWB for installation of telephone system in Justice Center and city offices was read and Laws moved to authorize signatures of Mayor & Recorder ~r execution of agreement; Peterson seconded the motion which passed unanimously on roll call vote. LABORERS LOCAL 1400 FACTFINDERS REPORT Ratification of Factfinders report between the City and Laborers Local Union #1400 was considered and Laws moved that Mayo~ & RecOrder be authorized to sign; Dale seconded the motion which passed without oppositio~ on roll call vote. ADJOURNMENT The meeting adjourned at 11:28 P.M. Robert D. Nelson L. Gordon Medaris City Recorder (Acting) Mayor