Loading...
HomeMy WebLinkAbout1976-0420 REG MINMINUTES FOR THE REGULARMEETING ASHLAND CITY COUNCIL April 20, 1976 ROLL CALL APPROVAL OF MINUTES MINUTES OF COb~iISSIONS, BOARDS & CO}~IITTEES GRO'jP HOME SALE PERMIT ALLEY VACATION ORDINANCE (Siskiyou, w. of Morton) ROCK CONCERT REQUEST SHAMROCK LANE DESIGNATION Having led the Pledge of Allegiance, Mayor Prickett called the meeting to order on the above date at 7:30 p.m., in the Council C~ambers. Councilmembers Hoffarth, Ragland, Laws, McCannon and McDowell we.re pres ent. Councilman Allen was absent. McDowell moved for approval of minutes of the regular meeting of April 6, 1976 and the special meeting of April 9, 1976; second by laws and passed unanimously on voice vote. Hoffarth moved to accept all minutes of Boards, Commissions and Cormn- ittees as submitted; McDowell saconded and requested that when minutes refer to communications, that they be attached for reference. On voice vote, all YES. A letter from the Ashland Group Home was read by City Administrator AL~ quist requesting permission to hold a rummage sale at the Crater National Bank parking lot on either May 8 and 16 depending on the weather. McCannon moved for approval; Hoffarth seconded and on roll call, passed unanimously. City Administrator Almquist read a letter from Attorney Cottle who represents Duane Smith, requesting that an emergency clause be added to ordinance to vacate alley before first reading is given in order expedite construction program and alleviate unsightly condition of premises. Action deferred to reading of the ordinance later in the agenda. Cit,, Administrator Almquist read a letter from Judd Pindell and Gen. J. Evans requesting permission to hold a seven hour rock concert in ;,ithia Park on May 15, 1976. Hoffarth felt it inappropriate for Council to act on the request until Parks & Recreation Commission acts on it. Mr. Pindell said the Parks Commission asked that they obtain a noise ordinance permit before the Commission considers the request. On question from McCannon as to the size of crowd expected, Mr. Evans said no more than a thousand. McCannon then asked for recommendation from Police Chief Hays, who reconmended denial because his force lacks the manpower to police an event of that magnitude. Lawrence Gastorf of Strawberry Lane said that the last time a concert of that nature was held in the park, he and his neighbors had to leave home because the noise was intolerable. Laws said there were numerous complaints during that concert. Mike Mendinburu suggested holding the concert at Emigrant Lake or some other area. McCannon moved to reject the applica tion, Hoffarth seconded, and motion passed unanimously on roll call vote. A memorandum from the Planning Conmission was read by the City Adminis- trator in which they recommended approval of a request by Gerald Scan- nel, Jr., to name a frontage road north of Highway 66 "Shamroc!~ Lane?. McDowell moved to prepare a resolution fcr the n~nin~ of the street. Laws seconded, and motion passed on unanimous voice vote. ~/20/76 Pg. ! Regular Meeting Ashland City Council 4/20/76 Pg~ MOUNTAIN RANCH SUB. AR3DRY SITE SELECTION SWIM PROGRAM REPORT City Administrator Almquist read a memorandum from the Planning Commis.~ ion of changes they had approved in the Mountain Ranch Subdivision: (1) changing the 15 lots in Unit No. 3 to 14 lots, (2) elimination of a loop road in favor of two cul-de-sacs in Unit 5, and (3) permission to not pave, curb and gutter a portion of Ranch Road. ~e report was for information only, and no action was needed. Planning Technician Himes and subdivision developer Vince 0redson showed the changes on plat maps to the Mayor and Council. A memo from the Armory Site Selection Committee was read by the City Administrator (Mayor Prickett, Councilwoman McDowell, Dr. C. P. Hala, Dick Calkins and Don Lewis) in which they reported that the SOSC land at the Southeast corner of East Main and Wightman seemed the most desirable location for an armory, and that college officials will recommend to the State Board of Higher Education that the land be deeded to the State Military Department if the armory design will accommodate a basketball court, and because of budgetary limitations, also recommended that the project be postponed one year in the State's priority listing. McDowell moved to accept the report; Ragland sec- onded the motion which passed with unanimous voice vote. Jean Webb, 807 So. Mountain Avenue, asked the Council to consider "re- sponsoring" the swim program at Twin Plunges. Anne Sanford briefly reviewed last year's program and explained a proposal for the year which would allow 600 children participate, with the children p~ying $4,200 ($7 per person for swim tokens) and Twin Plunges charging $4,800, for a net cost to the City of $600. Mrs. Webb and Mrs. Sanfor~ spoke of their request being denied by the Park Commission for reasons they deem invalid. Hoffarth and Bob Hudson suggested the program coul~ be self-supporting. Marianne Alston said they had not discussed a self-supporting program with Wil_statters, owners of Twin Plunges, but she guessed Willstatters wou .d want some type of contractual Arrangement with a body that cou_d guarantee payment, and if the Parks & Recreation Commission refuses, the Council is the only body to turn to. Mayor Prickett suggested adjourning the item for a week, with a definite proposal to be discussed at that time. Ragland said he is concerned about recreation for the kids, and is also concerned about losing the interest of the girls who have worked so hard on the pro- gram, and moved to spend the $600 to do it. Hoffarth seconded, and motion passed on unanimous roll call vote. Bob Hudson said he will write a check to help cover the cost of the program and invited others to do so. Finance Director Nelson asked for permission to make adjustments in the budget to reflect the above action, and was advised to do so. Tom Delsman asked for a continuing program so that the ladies will not have to go through the struggle for funding each year. Addle Thornton urged Council consideration of the prcgrmn saying that it would seem the City's responsibility s~nce there is no City pool. Mayor Prickett said Council would need time to further reseorcb the budget end oi the problem saying that $20,000 had been app~op~7~aued for recreation programs and that his reluctance to act was not because he was not in favor of the program. 4/20/76 pg. 2 Regular Meeting Ashland City Council 4/20/76 Pg. 3 PUBLIC FORUM RESOLUTION - LCDC PLBL!C HE~IING Supplemental Budget IRRIGATION DITCH BUDGET COMMITTEE MEETING APPLICATION - OREGON TRAFFIC SAFETY R~gland said he was surprised to learn the City had been offered a strip of land owned by Duane Smith and A1 Meyer (Newbry site) for Greem~ay purposes and that City had not responded and would like to pu~ the matter on the agenda tonight for consideration, and so moved. McDowell seconded and on voice vote motion passed unanimously. Ragian{ then moved to accept land if offered; McDowell seconded and motion passed - all YES, on rollcall vote. Ed King of Dewey Street who had attended to speak on the license fee increase ordinance said he couldn't stay until the subject came up but for his part he would donate the license increase to the swimming program effort. Hoffarth asked City Administrator Almquist to read a resolution he had prepared for Council consideration. Almquist read "A Resolution Regarding the Land Conservation & Development Conm~ission andits Policies." McCannon spoke of other cities' opposition to LCDC, and moved to place item on the agenda. Raglapd seconded. On voice vote, passed unanimously. McCannon moved to adopt the resolution. Ragland seconded~ and motion passed on unanimous voice vote. Hoffarth asked that the resolution be sent to Gov. Straub, and that the endcrsement of local state legislators be sought. Nelson summarized the supplemental budget proposal, explaining the increase in Hospital Fund revenues and expenditures, the necessity for Parks Department to pay for unemployment compensation for flood restoration employees, and that the Annexation Improvement Fund has been abolished and the annexatiol receivables transferred to the Utility Fund. Mayor Prickett op!ned the Public Hearing, but there being no response from the audie-ze, he closed the public hearing. At McCannon's suggestion, City Administrator Almquist read the "Resolution Adopting the Supplemental Budget, Making Appropriations, and Increasing Revenues." McCannon moved to adopt the resolution; seeended by McDowell, and passed on unanimous voice vote. Nelson said the budget committee had discussed the appropriation of $6,000 for a flume in a troublesome part of the irrigation ditch near Terrace Street, but the City has now acquired an easement to relocate the ditch, but it is necessary to spend $3,500 soon to gunite that portion of the ditch. Ragland moved to place the item on the agenda. McDowell seconded, and all YES on voice vote. Hoffarth moved to appropriate the $3,500. Laws seconded, and motion passed unanimously on roll call vote. Nelson asked that the first official Budget Committee hearing be set for 7:00 p.m. on May 11, 1976. McCannon so moved; Hoffarth seconded and on roll call, passed unanimously. City Administrator Almquist sa~d at a previous meeting the Council h~ authorized Police Chief Hays to obtain a breathalyzer at a cost of about $2,100, but had instructed him to seek financial assistance. 4/20/76 Pg. 3 R~gulaF Meeting Ashland City Council 4/2q/76 Pg.4 Oregon State Highway Application cont. CITY PALL ROOF REPAIR SEWER REHABILITATION ELECTRIC USER & FRANCHISE TAX STATE RULES ON DOMESTIC WATER Chief Hays found that the Oregon Traffic Safety Commission would assis1 in financing a program to arrest and prosecute the drunken'driver because of the high incidence of offenders in Southern Oregon and woul{ assist with the cost of obtaining the breathalyzer, training the depar~ ment, adding ~o men and one more patrol car to the force. Hays stres- sed that the program is designed specifically for the arrest of drunk drivers and has prepared an application to OTSC. A man in the audienc~ questioned the need for this intensified enforcement and asked if the program, if implemented, would be evaluated. Mayor Prickett explained that a new state law effective July 1, 1976, under which a drunk drivel will be cited and then released rather than kept in jail, and it therefore is advantageous to the Police Department to have its own breatha]yzer. Chief Hays stressed the problem of having to transport violators to Medford for testing and the complications of transporting a borderline case. Chief Hays said that the additional manpower and vehicle are not absolutely necessary but would recommend getting the breathalyzer and informed the Council that the original $2,100 request- ed might not be sufficient. Laws moved to NOT submit the application. Hoffarth seconded, and motion passed with McDowell, Hoffarth and Laws voting YES, Ragland and McCannon voting NO. Chief Hays was instructed to get a bid on equipment. Director cf Finance Nelson reported he had received a bid from Ekersc~ Roofing to put a new roof on City Hall for $3,650, and recommended acceptance. McCannon so moved, seconded by Hoffarth, and passed unani- mously on roll call vote. It was reported by the City Administrator that an attempt to get bids for sewer rehabilitation was unsuccessful, but Bear Creek Valley Sani- tary Authority quoted a figure cl~ $3900 which would be considerably less than the $6,170 spent last year and asked for approval to draft an agreement with BCVSA. McCannon moved for approval, seconded by Ragland and passed unanimously on roll call vote. Nelson presented a memo requesting budgetary transfer in order to implement the electric user tax and utility franchise tax as adopted by Council at its previous meeting. Action was deferred to a resolu- tion to be discussed later on agenda. A memo from Public Works Director Alsing was read by the City Adminis- trator in which he reported the State Health D !~ion has adopted secondary standards as they relate to color, ~r and turbidity of the water which are more stringent than requirements set forth by EPA in spite of pleas by Associated Cities of Jackson County. Almquis~ recommended we write to State Health Division to inform them that we will coaxply with Federal standards but will not accept the mandate by the State, based on our rights under home rule. Hoffarth seconded. Laws said we should ask state for their explanation first, to which A!sing said he had discussed the requirement with the department but was told that-Oregon ~zanted to load the nation in the purity of it~ water. Wes Noxie of 821 Hillview Drive said we are celebrating a bicentennial of government by the people and for the people, and urged the Council to take advantage of its "home rule" position to adopt our own rules. Re.gular Meeting Ashland City Council 4/20/76 FS. 5 WATER STANDARDS continued POLICE]~ANSALARY ORDINANCES: Repeal obsolete - Business License Marijuana Ordinance Alloy Vacation McDowell agreed with Laws and felt we should get a written explanation of rules before antagonizing the state. Ragland said he would with- draw his motion if second agreed, but Hof'farth asked for a vote on the motion. The motion passed on roll call vote with McCannon, McDowel!, Hoffarth and Ragland in favor and Laws opposed. Laws then suggested'placing a resolution on'the next agenda to urge other Southern Oregon cities to enlist their aid in fighting unnecess- ary state mandates. City Administrator Almquist presented a request for increased funding to enable Reserve Officer Dan Hagerr to increase his hours to 40 per week at $3.75 per hour until September, and explained that Hagert is doing parking patrol which will become more necessary during the summer months, and that fine revenues should meet required expenditure McCannon moved to authorize the increase; Hoffarth seconded, and passed unanimously on roll call vote. Second reading by title only of an ordinance repealing Ordinance No. 1170 and certain sections of Ordinance No. 957 and deleting certain sections of Chapter 6.20 from the Ashland Municipal Code was given by City Administrator Almquist. McCannon moved for adoption of the ordinance, seconded by McDow~ll and passed on roll call vote with Hoffarth, Ragland, McCannon and McDowell voting in favor. Laws was temporarily absent from the room. City Administrator gave second reading by title only of an ordinance repealing Ordinance No. 1228 and all amendments thereto and deleting Chapter 6.04 from the Ashland Municipal Code, which provides for busi- ness license taxes, and adding a new Chapter 6.04, "Business Licsnse Ta~es", to the Ashland Municipal Code. McCannon moved for adoption, so, ~nded by McDowell, A man who identified himself as an electrical coreractor complained of the cost to him to obtain business licenses ] several cities and charged that physicians and others are not subject to the tax, and that he knows of subcontractors who do not obtain licenses. Recorder Butler said physicians have always been subject tc the fee, and presently insurance agencies are the only businesses in town exempt from the tax. Almquist said we ask all contractors we know of in the City to obtain licenses, but perhaps there are those contracting in the City of which we are unaware, but if we are notifi~ of their names, they will he contacted. On question from the Mayor, the man admitted other cities are charging business license fees considerably higher than Ashland's. ~e motion to adopt passed on unanimous ~oll call vote. Almquist gave second reading by title only of an ordinance adding a Chapter to Title X "Public Peace, Morals and Safety" of the Ashland Municipal Code and which relates to the unlawful possession of mari- jpana. Hoffarth moved for adoption, seconded by Laws and passed on unanimous roll call vote. City Administrator Almquist read an ordinance vacating an alley in zh~ City of Ashlaud on Siskiyou, west ~f ~orton, an~ declar~n~ al~ ~r~'~-- (for Duane Smith). Hoffarth moved to pass the ordinance to a second reading with the emergency clause. Laws seconded, and motion passed unanimously on roll call vote. 4/20/76 Page 5 Re~p~ar Meeting Ashland City Council 4/20/7~ PS. 6__ TAXI ORD. AMENDMENT UTILITY DISCOUNT ALARM SYSTEMS RESOLUTIONS: Electric User & Franchise Tax Transfers Street-Improvement Public Hearing Contract - IAFF #2279 Departmental Reports Liaison Reports City Administrator Almquist read an ordinance amending Ordinance No. 1746 which pertained to a franchise for the operation of taxicabs so as to modify the provisions relative to insurance. McCannon moved to pass the ordinance to a second reading. Ragland seconded, all vote YES on roll call vote. The City Administrator read ~n ordinance amending Ordinance No. 1766 as amended relating to utility discounts for Senior Citizens. McDow- ell moved to pass ordinance to second reading; Ragland seconded, and passed unanimously on roll call. vote. An ordinance was read by City Administrator Almquist adding a new Chapter 4.32 to the Ashland Municipal Code relating to alarm systems and special police services. After some discussion of various ways of connecting alarms to Police Department, Hoffarth moved to pass the ordinance to a second reading. Laws seconded, and motion passed on unanimous roll call vote. Hays commented on added responsibility ef fire alarms in police station. Mayor Prickett asked that arecord be kept of the alarm usage and that an analysis be made later. Almquist read "A Resolution Amending the'1976-76 Budget by Transfer- ring Appropriations and Revenue Estimates, Reducing a Revenue Estimat, and an Appropriation Within a Fund, and Anthorizing the Reversal of a Portion of Previous Utilities Fund Transfers to the General Fund." McCannon moved for adoption; Hoffarth seconded, and motion passed on unanimous roll call vote. City Administrator Almquist read a resolution to set a public hearing for 7:30 p.m. on May 4, 1976, for the proposed improvement of Wimer Street between Chestnut Street and Grandview Drive, and Grandview Drive from Wimer Street southerly a distance of 600 feet, Almqnist said at previous Council directInn to use FAUS money for participa- tion in street improvement, the ?ublic Works Department had contacted · the property owners to invite tl ~ir participation at the rate of $10 per front foot, and a majority approved. McDowell moved to adopt the resolution; seconded by Hoffarth, and passed on unanimous roll call vote. City Adn~inis trator presented Contract Addendum No. 6 with the Ashland Firefighters Association which spelled out rules for promotions, wage schedules and added fringe benefits. Hoffarth moved to authorize mayor and recorder to sign the contract. McDowell seconded, and motion passed on um~nimous roll call vote. On question from Laws, Alsing said some sewage sludge is hauled away in tank trucks and pumped out on fields, and DEQ must give permission on location of dumping. McDowell moved to accept the departmental reports. Hoffarth seconded, and motion passed on unanimous voice rot Laws reported on a meeting of the Jackson County Budget Co~nittee at which the funding of $6,500 to be allotted the Ashland program was deleted from the budget. L~s reported that A1 Meyer voted to delete the funding because it was contingent on Ashla~d's approval of it~ share. Council agreed t'o a:~p]7 fo~a fe~er~l qr~nt from the J.~-~-~l Council on Aging for $6,426 which would amount toabout one-half of the support needed for the Senior Center. laws recommended that fund 4/20/76 pg, 6 Re.g_~lar ~eetlng Ashland City Council 4/2U//8 Pg. ) Liaison Report cont. M. Butler der for human resources could still be applied for in advance of the next meeting of the county budget committee when they look at the human resources recommendations. Laws moved that issue be placed on next agenda; second by McDowell and passed unanimously on voice vote. Meeting adjourned at 10:50 p.m. · 4/20/76 Pg. 7