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HomeMy WebLinkAbout1976-1207 REG MINMINUTES OF THE REGULAR ~ETING ASHLAND CITY COUNCIL December 7, 1976 ROLL CALl. APPROVAL OF MINUTES MINUTES OF BO.~RDS ETC. R. V. TRANSPORTATION S.O. CABLE TV PUBLIC FORUM AUDIT REPORT HOUSING PROGRJJI Mayor Prickett led the Pledge of AlleF~ance and called the meeting to ordez at 7:30 p.m. on the above date in the Council Chambers. Councilmembers Ragland, Allen, LasTs,' McDox~,cll, McCannon and Drescher were present. Councilwoman McDowe]! moved to approve minutes of the adjourned meeting of November 23, 1976; McCannon seconded and on voice vote, passed unanimously~ McCannon moved to accept minutes of various Boards, Commissions and Com- mittees. McDowell seconded and on voice vote, all YES. McCannon moved that letter asking for cooperation between Cities and RVTP be accepted and placed on file; second by McDowell and passed on voice vote without opposition. A letter from S.O. Cable TV was read by the City Administrator. McCannon moved to accept and place on file; second by Laws and p~lssed unanimously on roll call vote. McDowell suggested letter be referred to CATV Con~ittee. City Administrator Almquist reported there had been a refreshment stand constructed on the sidewalk in front of Sister Moon and that the owner had not been aware of necessity of building permit. Almquist said he extended permission to allow structure until Council meeting for it's action. The owner of Sister Moon, Randy McCready spoke from the audience stat~i~g that he was unaware of legal process relative to temporary structure and that it was built for the Christmas season to follow the Charles Dickens' theme and hot pretzels, cider and bagels would be sold on the sidewalk. On Lawsf question as to whether he planned to apply for a permit, McCready said be will. Lm~s felt it may be a question for the Health Department to deal with an,' moved to place the item. on the sgenda; McDowelI seconded ~nd on roll call, passed unanimously. Peggy Crawford of the Chamber of Commerce said th t she was probably to blame as she had discussed the selling of cider etc. but was not aware of proposed outside building and ramification~ which might arise. McDowell reminded Council that it is considering only one location and not a blanket permit. Duane Smith of the Chamber took part of the blame for his encouragement of the plan and said that at sornc future time he would like to see the ordinance controlling such things amended to allow more "country" type amenitie~ dox.mtown. Mayor Prickett said he had been called about the. congestion caused by the booth. }icCready presented a petition to allow the refreshment stand to remain over the Christmas holidays signed by neighboring business people on both s~des of the street and stated he had received no complaints, Ragland conErstulate~ the Chamber on its Dickens theme and moved to grant a variance until Decein~ ber 26th if McCready applies for a building permit. Laws seconded and on roll call, all YES. McDowell moved to accept Audit Report for FY ending June 30, 1976; McCannoz seconded and on roll call, passed unanimously. Duane Smith of the Chamber reported on the Honsing Program and expressed a desire to get information on poshible relaxation of stringent health stand- ards applicable to motels and said he has heard of other cities ~mplement- ing their codes in such a way, Smith reqnested that Council cons~dl~r s study session because of the many ramifications of the program and fundi~q. 12/7/76 ._Regul[r Tleeting Ashla~Id City Co uj l c .__[.[ ]~/,'/76 P~. 7 HOUSING cent. JUSTICE CENTER SITE COMMUNITY DEV. GRANT On McCannons question as to whether colnplaints had been registered by .the motel industry, Smith said that they had a few complaints when the Housin~ concept was first implemented in Ash]and but that as the program proceedca they accepted it, McCannon moved to approve request for $617.30 to Cham- ber General Fund and to set up a study session to plan next year's program. Laws seconded and on roll call, all YES. Mayor Prickerr reported that he, City Attorney Salter, and the City Admin~ istrator met with Conmlissioners Moore and Deason relative to securing the Lithie Mill property. Mayor Prickett said that an offer of an option to June 30, 1977 on the 8.2 acre parcel for $80,000 at a cost of $1.00 was extended and be recomnended that Mayor & Recorder be authorized to to sign option. Ragland reported that Laws, Almquist and Ragland met with Joanne Boyden wh~ agreed to explore a trade with ~he City on property of comparable zoning and approximately a like value to preclude a capital gains tax to her on the trsnsaction if sold for cash. McCannon felt that time is being wasted because the land is not sufficient for the site and more would have to be acquired, not sure of what Boyden would trade for, location not good for Justice Center and that survey he had taken showed 92% in favor of the Lithia Mill site. McCannon moved that staff be authorized to take up the option from the County; Laws seconded. City Attorney Salter said the Commissioners will sign the option, On roll call vote motion passed unani mously. Laws requested that Mawson be informed of decision. Almquist reported that he had checked with four cities as to their experi- ence with the program and had submitted findings so would not go into detail but attended a briefing meeting on the program at which only AshlaD and Talent were represented. Almquist said that $3.8 million would he available in the State this year and the deadline for preapplicstion is set for January 6, 1977. Almquist cautioned Council that administrative costs c: running the program should be included in the request for fundjug because of the voluminous paperwork involved and added that two pubtffc hearings would be necessary before the January cut-off date for applicat]c of funding. A]mquist said the preapplication would not commit the City and it is only a short narrative application. On McCannon's question as to what the project might be, Almquist noted that improvements in the ].o~r income of Hersey/Patterson including sewers, water and paving had been previously applied for as was funding for sprinkler system at the golf course, Multi-service Center etc. Drescher said that in time 2\4in Plunges may no longer be available for swimming and he would be interested in requesting funds (100%) for a community sx~imming pool and said that to apply it wouldn't be necessary to have a site. Council discussed the and need for possible subsidy from the City to maintain a pool. Park Commissioner Bernard spoke of research done by Parks & Recreation relative to a pool, including location and majntenauce costs of an indoor pool co;n- pared to outdoor and said that findings are not conclusive at this time. Drescher moved to authorize A]mquist to take necessary steps for filin~ preapplication for pool; McDowell seconded. Laws said he is in favor but does not want to rush into anything and is interested in housing imple- mentation when domprehensive p]~n is complete. On roll call, passed unanimously. The public hearing was set for December 21, 1976 at 7:30 ].2/7/76 Pg. 2 PUBLIC HEARING SUPPLEMENTAL BUDGET CPU STREET CUTS HANDICAPPED PARKING WI~)BIGLP~R LAWSUIT P.W. EMPLOYMENT ACT Antirecession Aid CATV NEG. CO~D~ITTEE Finance Director Nelson reviewed need for a supplemental budget and the ~yor opened the public hearing. There being no comment from the audience. the public hearing was closed and Prickett noted the resolution appeared later on the agenda. A letter was read from California-Pacific Utilities relative to a cut in Iowa Street and Garfield on which no request for approval was made. A request from CPU was also received for permission to make 6 small cuts to follow government regulations by giving cathodic protection to the gas lines. McCannon moved to allow cuts and accept letter on previous cut; McDowell seconded and on roll call, passed unanimously. A request from the Traffic Commission recommending two parkings spaces in front of the Senior Center for handicapped persons was read. McDowell moved that request be granted; Allen seconded and on roll call, all YES. City Attorney Salter reviewed the City of Ashland vs. W~ndbigler lawsuit stating that when Windbigler developed Oneida Circle he agreed to build a retaining wall but instead installed a "hold-alhill" qnich in no way wo~ld suffice. D~rector of Public Works A].sing would not accept this substitute and put Windbigler on notice to build the wall. No action was taken. At this point the 1974 tlood came and saturatec ground caused a slide which damaged tbe property below owned by William Cornelius. Salter saida lawsuit was filed when all other means failed to get action from Windbig]e' but the Court recently ruled against the City because too much ti~c had lapsed since the agreement in 1965. Cornelius is now asking the City to build the wall for protection from future possible damage. Laws said that he would not be willing to vote because Cornelius is his superior and a friend but that he feels the City is responsible to provide protection te Cornelites. Drescher said that if the City Attorney says we have no res- ponsibi. ity, then we should accept his opinion. Ragland said in a public hearing a few years ago, Windbigler announced he would build anyEhing he wantd to st any time. Salter said that bad it not been for the ]974 flood the matter may never have come up again. Alsing felt that the cause was saturated ground and that it could happen again but he didn't think it posed a danger to the house in question. Cost for a retaining wall was estimated between $5,000 & 7,000 by Alsing. Allen moved to deny request; Drescher seconded and on roll call Allen, Drescher, Ragland, McCannon and McDowell voted YES. Laws abstained. A letter was read from the City Administretor outIining criteria for use c funds received from Revenue Sharing for the first two quarters under the Public Works Emplo~nent Act and recommending that City restore personnel to nearer the level before a cut as result of budget failure in 1975. McCannon moved to authorize Almquist to recruit and hire such personnel; second by Ragland and passed with Allen, Ragland, McDowell, McCannon &!)re~ cher votiog YES. Laws opposing. Mayor Prickett appointed McCannon, Chairman and McDowell, Drescher and Allen Essex to CATV Negotiating Committee. RaRland moved to accept; seconded. McCannon said he would rather see Essex continue in Chairn~an-- ship he held in citizens commitfee. Mayor said it could be decision committee itself. On voice vote, passed unanimously. 12/7/76 P~. Regular Meeting Ashland City Council 12,/7/76 MXYOR'S APPTS. '(Hoffa~th's Positions) RECOGNITION-PHILLIPS FINANCIAL COMMENTARY PARKS & RECREATION FINANCIAL COMMENIARY Mayor Prickett appointed Drescher to serve on committees left vacant by resignation of Noffarth which included Traffic Safety Commission, County Economic Development Commissioh, Airport Committee and the Band Board. Ragland requested that City give recognition to employe Bill Phillips who gained acclaim for his pa]ntings by having a coffee honoring him at which time he might exhibit his work. Mayor Prickett thanked Ragland for the suggestion and said he would contact Phillips. Financial Commentary for Parks & Recreation to October 31, 1976 was accepted. Nelson report all interfund loans have been repaid. Laws com- mented on possible deficit in Recreation and asked that it not be covered by Park or Bequest funds. Finacia! Commentary for period ending June 30, 1976 was accepted. PUBLICLY OWNED UTILITIES OAK KNOLL LEASE ORDINANCES, RESOLUTIONS AND CONTRACTS Goddard Annexation Supplemental Budget Prickerr named Almquist to be a delegate to Oregon League of Publicly- owned Electric Utilities, and Bernie Krug, Supt. of Electric Utilities to be alternate. Almquist reviewed the function of the League and agreed to serve on the Board of Directors. McDowell moved to accept; second by Ragland and passed unanimously on roll call vote. City Administrator Almquist said that the Oak Knoll Corporation had req- uested that property taxes for the first quarter only be paid at this time. Don Miller and Bill Roble, members of the corporation, ~ere in the audience and Mill'er confirmed the request. Salter said he had reviewed the lease and told Council they could demand the entire amount of the tax bill h~, paid or the corporation face termi!~ation of the ~ .... or cc. uld ~ lenient and accept the quarter payment as requested. McCannon asked Roble if permission is given could the payment be made and Roble sa~d the first quarter could be paid now and the balance on February 15, 1977. Roble said that taxes were paid quarterly last year and that he had no word from the City as to this method. Recorder Butler disagreed saying that he did not~jy the corporation stating that the lease called for total tax payments, McCannon moved to allow quarterly payment now and balance on February 15, 1977; McDowell seconded. 0n roll call, all YES. P, obte told of mismanagement of the restaurant by two parties and losses through per- sonnel. He said that a snack bar type operation would be kept open on the weekends to accommodate golfers. On Lawst question as to plans to sell, Roble said there is no firm proposal at this time. Mayor Prickett com- mented on the gross percentage being paid the City and said this is where the importance of having the facilities open to maximum use enters the picture. Miller said that the first two years gross was waived and that $75,000 had been put into improvements. After some discussion, Miller assured the Conncil that the City would not lose money. McCannon moved the Mayor appoint a committee to study the matter; Allen seconded and on roll call, all YES. Second reading was given was given by title only of an ordinance dispe~sin~ with an election with the City of Ashland on the question of a proposed annexation; setting the time and place for a public hearing date on the withdrawal of certain real property from Jackson County Fire District directing publication of notices as directed by ORS 222.524; and declaring an emergency. M~Cannon moved to.sdopt; second by McDowell and passed on roll call vote unanimously, Almquist read a resolution adopting the supplemental budget, rocking approp- riations and increasing revenues. McDowell moved for adoption; second by ~len and at this point Councilman Laws said that he finds it ironic Sup~ple ' tal Budget cont.b that we can afford to add $22,000 to Operating Contingency at the '~e tjm~ that we apply for antirecession funds. Allen argued that our co~ encie. have been woefully inadequate.. Motion passed unanimously on roll ~ii vot~ M. ark Antony Request was made by the City Administrator to discuss the matter of Hotel/ Motel Tax and overdue utilities bill being owed by Mark Antony Hotel. Ragland moved to place on agenda; McDowell seconded and on roll call, all YES. Meeting adjourned at 10:05. ~i~t~~ Recorder Commenting oD the Hotel/Motel Tax, Prickett said that the tax monies are to be held in trust and are not to be comingled to operate business and recommended that ordinance be modified to ~mpose a r~gid penalty for holding such a tax. As for the utility bill now 60 days overdue Almqutst said he would not turn the utilities off without permission to do so from the Council. ~%cDowell agreed they should be turned off for nonpayment but that the residents of the hotel should be given adequate notice so that other arrangements can be made. Laws moved to tuEn off the electricity at noon Monday (Dec. 13, 1976), but to so notify the tenants by telephone on the preceding Friday. Ragland seconded, and motion passed unanimously on roll call vote. ~ J Z~ 'kett