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HomeMy WebLinkAbout1975-0415 REG MIN~11 Call Approval of Minutes Bikeway Committee Lawsuits Hardesty et al, Scannell, Bourne, Higgins Siskiyou Rest Area Leroy C. Eller Ashland Jayaces Carnival Request MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL April 15, 1975 Mayor Prickerr led the Pledge of Allegiance and called the meeting to'order at 7:30 in the Council Chambers on the above date. All membez were present with the exception of Ragland. McDowell moved that the minutes for the regular meeting of April 1, be approved and placed on file; Hoffarth seconded and motion passed without opposition on voice vote. Allen moved that minutes for the Bikeway Committee meetings of March 27, 1975 and April 3, 1975 be accepted and placed on file; McDowell seconded and motion passed unanimously on voice vote. City Administrator Almquist presented four notices of claims against the City. McCannon moved that cls~ (one through five) be denied an~ passed on to insurance carrier; Laws seconded and on roll call, all A letter from Oregon State Highway ~epartment was read by City Adminis- trator Almquist requesting permission to make connection to the City sewer line located at Green Springs Mi~hway and I-5 (Clover Lane) at an estimated cost of $85,000. Earl C. Purdy, Resident Engineer for the Highway Department offered to arbiter questions cn the proposed connect and explained that the presem~ subsurface system for sewage was creating problems at the Rest Are~.. Allen asked if all alterna- tives were explored and wondered if f~ere might be a less ex~emsive solution. On Laws question as to wha% the State would do should Count! deny the request, Purdy said the facility would have to be closed. Laws asked the Director of Public Worls if the sewer treatxnent plant could handle the additional effluent and Alsing said it would cause na problem. Hoffarth criticized Council policy in denying request to resident of Clay Street to connect to City sewer line. City Adminis- trator Almquist explained that requests for connects to existing bullz- ings can still be approved where the setter line runs along property line. McCannon moved request be accepted and placed on file; Allen seconded and on roll call passed unanimously. (Agreement later in Agenda.) Letter from Leroy C. Eller offering strip of land to City was read along with memorandum from Director of Public Works Alsing recommendin_ acceptance of land should the City ever improve the street (Fox St.) az some future date. Laws moved acceptance of land; McDowal! seconded a~i Mayor directed City Administrator Almquist to draw up necessary instru- ments for execution. On roll call, all YES. City Administrator Almquist read a letter from Ashland Jaycees request- ing approval to bringing of a carnival type show to Ashland, the pro- ceeds to be used to help defray expenses of their annual Fourti~ of pageant. The City Administrator said the location ~ou!d be on the Leo Zupan property adjacent to Bi-Mart and tl~at the event meets the approval of both o~ners. On question from McCannon as tc w~ether the requested waiver of license fee had been granted in the past, the City Administrator said it had in cases requested by non-profit and charitable organizations. Allen moved to approve, iloffarth sec- onded. Almquist askad that all permits be secured from electrical an~ building departments. On roll call, all YES, Regul 'eeting Ashland City Council PaF~-two Public Forum Councilman McCannon asked Council to place an item on the agenda relauiv~ to adjustment on income qualifications for Senior Citizen Discounts on utilities and so moved; Laws seconded and on roll call, all YES. Cynthia Lo~d who is a member of the Comprehensive Planning Committee, asked how much it costs the City to clean storm sewers. Mayor Prickerr asked Mrs. Lord to refer question to Director of Public Works Alsing at his office. Monthly Financial Commentary Finance Director Nelson was asked by the Mayor if he had additional com- ment and in the absence of additional information, the report was accepted by Council. Budget Hearings Authorization for the calling of budget hearings was requested by Finance Director Nelson; Allen so moved. McDowell seconded and on roll call, passed unanimously. Interest Rate Adjustment Memorandum from City Administrator was reviewed in which Almquist said interest rates on time deposit money is now averaging 5.75 per cent, and suggested that the interest rate on the interfund loan to the Parl~ & Recreation Department be reduced frem 8 per cent to 5.75 per cent for the current 90-day period. McCannon moved that recommendation be accepted; Allen seconded and on roll call, all YES. Wastewater Treatment Plant Plaque City Administrator Almquist read memorandum listing the names o~ three Councils one of which was to be'placed ~, a plaque at the wastewater treatment plant. Allen recommended that the Council (group one) who had initiated the project with the request for authorization from the electorate be honored and so moved; seconded by Laws and passed unani- mously on roll call vote. (Mayor Charles H. McKeen, Councilmen Con]c!in~ McCannon, Roberrs, Roble, Soderberg and Willstatter). Appeal of Planning Commis- Before the Public Hearing on the Delsman appeal of Planning Com~mission sion - Minor Land Part. decision to deny application for minor land partition, City Attorney Applicant - Delsman Salter explained background of request and appeal. Salter said that applicant had applied for a minor land partition to divide a lot con- sisting of 16,071 square feet into two equal parcels of approximately 8,000 square feet, property being located on corner of Park and Mohawk Streets. The City Attorney stated that provisions outlined iu ].7.0~.~ of the subdivision ordinance talks about lots and their sizes and ca!Is for them to be no less than 100 feet in depth and if certain conditions make it necessary,.lots can be no less than 80 feet in depth. Salter said that 17.32.040 (C) calls for a public.hearing in the case of an appeal for Council to overrule Plaaning Coxmnission decision and that the disposition of the appeal will be final and Council should determine whether the existing conditions make it mandatory to have lots less in depth. Salter explained that if Council takes no action, then the Planning Commission's decision will stand, and that if decision i~ overruled then Planning Commission must provide negative findings of fact. At this point Mayor Prickett opeued the public hearing asking fcr comments from the audience. Pg. 2 4/~5/75 P~blio Hearing Joe Platko, Repres- enting applicant Joe Platko of Red Arrow Realty sa~d it is not necessary to have lots a minimum of 100 foot depth and illustrated the point be citing lots on the same street consisting ~f only 86 feet in depth and that the two houses on the lots represent about $100,000 in value. P!atko said that hie lots would be 95 feet in depth. Glenn Franklin of 19~4 Mohawk who lives next door to the lot in questic said that all of the lots in the subdivision are about the same size and that this was his main reason for locating there. Franklin sub-. mitted a letter frem Wayne Breeze of 1938 Mowhawk who was ill and also in opposition to the minor land partition. Wayne Wiley, 1911 Crestview, ~o lives directly above the Delsman property, opposed stating that the partition would cause a diminishing value of the property in the area. W. H. Taylor, 1191 Park Street, stated he bought in the area because of the size of the lot and feels the partition would place an impositiG on the area and opposes curtleg lot size. Mr. & Mrs. Fred Pratt of 1930 Crestvie~ opposed proposal saying they would object to anything which would lessen the value of the property. Mrs. Patricia Cole o£ 1159 Park Street spoke ~n opposition to the partition and included her husband as being against th~ proposal. Platko said he had spoken to the County Assessor on the property va]u~ of adjoining and other lots in the area and was assured that such partition would not dev~lue property and said in some instances smaller landscaped lots would be more valuable than larger lotq with weeds. Liquor License Application 7-11 Store Delsraan wondered if the miner land partition should be handled by staff or whether it is in the jurisdiction of the Planning Commission or Council and said it appears to be a legal matter. Planning Technic- ian Himes said there was confusion as to whether the Zoning Ordinance or Subdivision Ordinance or both should be applied to proposal. Sa!ter said he was looking at the Subdivision Ordinance which was in effect at the time of application. Council agreed to accept ruling cf the Plan- ning Commission. Recorder Butler presented Council with a liquor license application from Southlaud Corporation - parent company of 7-11 Stores, Chief Hays on question frcm Mayor Prickett, said that he does not investigate out of State corporate applications for licenses as applicants are investi- gated by State Co~nmission. David L. Greene, real estate representative for 7-1! said that a market survey is being done and that the company has an option on land at this point. Hoffarth moved that request he approved; Laws seconded and on roll call, passe~ unanimously, Page 3 4/15/75 R.e~ul_ar Meeting Ashland City Council Page._fji~:~_ keport on Jackson County Association of Cities Raquest for cutting of Winburn Way - P & R. Chamberof Commerce Waste Receptacle Request Ordinances, Resolutions & Contracts Ord. No. 1184 Electric Rate 0rd. Councilman Laws reported that ha had artended the'newly organized Agaoci, ation of Cities meeting and that the Transit District legislation was discussed relative to its impact on the cities of Jackson County. Laws then moved that Council authorize the Mayor and alternate delegate to the Council of Governments also represent the City at meetings of the organization as song as it is active; Hoffarth seconded and on roll call motion passed unanimously. City Administrator Almquist read a letter from the Parks & Recreation Department requesting permission to c~t into Granite St. for the installation of pipe needed to activate irrigation system in the upper park. McCannon moved for approval; McDowell seconded. On roll call, all YES. Gordon Kolgate, Chairman of the Chamber's Retail Trades Committee presented a request for funding for trash receptacles to be built by the shop class at Ashland 11igh School and distributed to various loca- tions in downtown Ashland. A mock-up of the receptacle was on display. Holgate stressed the urgency of funding because of the short time the students will have to fabricate the it~ before school lets out fo~ the summer. The cost of the receptacles would be $22.50 e~ch without liners. Ashland Sanitary Service agreed to pick up the trash and to maintain the receptacles free of charge. Mayor Prickett suggested that if the Council was willing that monies be taken from revenue sharing. McCannon moved to authorize the Chamber to order trash containers as reeuested to be funded from Revenue Sharing. Laws suggested that two additional containers be orded as spares to which McCannon agreed e~d included suggestion in motion, McDowell seconded the motion to order twenty two containers. On roll call~ Allen and Hoffarth asked permissjc to abstain but said they would have supported funding if they were votir and the vote was unanimous with McCannon, Laws and MoDewell voting YES. City Administrator Almquist gave second reading by title only of an ordinance amending Ordinance No. 1184 by repealing Sections 14.],6.01~ and 14.16.020 of the Ashland Municipal Code: adding new Sections 14.16.010 through 14.16.025 inclusive: and declaring an emergency. McDowell moved for adoption seconded by Laws. On roll call, all YES. Second reading by title onl7 was given by the City Admin~strstor of ordinance amending Ordinance No. 1673 as amended, and Sections 14.16.~ through 14.16.070 of the Ashland Municipal Code; amending Ordinance No. 1757 and Sections 14.12.030, 14.12.050 and 14.12.060 of the Aah- land Municipal Code; and declaring an emergency. Fred Pratt of 1930 Crestview went on record as opposing proposed e!ectr~ rate increase stating it is an ~erican commodity and should be low cc~t item and its use be encouraged instead of supporting foreign interests in oil and gas. Pratt said he can understand the need of the City fez more money but that he would prefer to have his property tax ~o u~ so that cost would be income tax deductible. Charles Lucas of 565 Altamont complained about the rate increase saying that all-electric homes had been sold as low cost and with the increase in rate those consumers will be discriminated against. Pg. 4 4/~5/75 ~egu]=r Meeting Ashland City Council P~e five Electric rate cent. Soderberg Resolution Conklin Resolution Human Resource Res. I-5 Rest Area Sewer Connect Agreement McCannon moved for adeption of ordinance; seconded by Laws and passed on roll ca].l with only Hoffarth in opposition. McCannon then added his proposal to Ordinance No. 1766 which would rai~ income levels o~ senior citizens for purpose of determining e]igibilit~ for discounts on utilities (see attached), recommended that Mayor appoint a cor~nittce of throe consisting of the director of the Senior Center and two council members who are on the Senior Center Advisory Board to investigate associated eligibility problems. From the audienc~ A1 Willstatter said hardship cases are not confined to the elderly and felt proposal discriminatory, Murray Gardner said the City is creatin[ a tax which is not deductible through electric rate raise. Pratt agre~ with both Gardner and McCannon and asked that City employees relinquisP their 25% utility discount and suggested that that the ordinance incluc a clause to stat£ "for those with the ability to pay". McCannon asked that his proposal be put in the form of a motion to whic Allen objected as being presented without time for Council consi~eratic before the meeting. McCannon withdre~.~ motion and asked that ~em be placed on agenda for the next regular meeting. Mayor Prickart so ordered. A Resolution conunendlng farmer Councilwoman Audrey H. Sealerberg fo;~ her service to the City was read by City Administrator Altoquiet. McCanncln moved fo~ adoption, seconded by Allen and passed unanimously on ro!] call vote. City Administrator Almqujst read Resolution conm~edding former Counci!ma 3ames L. Conklin for service to City of Ashland. MoDewell moved for adoption; second by Laws and passed unanimously on roll call vote. A Resolution creating a Humart Resources Committee was read by the City Administrator. La~;s supported the resolution by stating that the: City would be in a bett,!r position to secure it's fair share of funding for human needs, that recreation programs and Multi-service center might come under committee for considerargon and that once research is done recommendations can be brought to Council by Janua~ 1, 1976 - suffici- ently in advance of budget planning. Allen questioned need for stating be felt the function should be one strictly on the county level and that problems should be considered as they develop ~:~thcr seeking them out. Laws said it may well be that we do not ~ant to c., involved but committee would make it possible should the City d,~c'ide a role it might want to play. ?,icDowell moved for adoption; McCannon seconded and on roll call, McDowell, McCannon, Hoffarth,' and Laws voted YES. Allen opposed. City Administrator A!mquist read the agreement for sewer connection fez 1-5 Rest Area betwee,.~. the City and Oregon State Highway Divisioa. Allen and }{offarth agreed that the City is catering to the State of Oregon while denying connection to residents of the Ashland area and said that alternatives hac; Dot been explored as admitted by Resident Engineer Purdy of the Highway Department. McCannox~ moved to accept agreement; Laws seconded and explained the only i~npact connect ~youl~? have on the City ,.could be daily input which could be handled. On roll call McCannon, Laws and McDowell voted YES. Hoffarth and ~lj.{,~x~ P~,.. 5 4/15/75 _P_.~_~L~]=_ar~ Meetin~ .... Ashland C~ty Council Pa~_e_J_ixl.' Waste Treatment Area Planning City Administrator Almquist read a resolution indicating intent to join with other genera] purpose units of local government in the Rogus Valley Area to develop and implement a plan res,~lt~ng in a coordinated waste treatment management system. McCannon moved for adoption; seconded by McDowell and passed unanilmously by roll c~!l vot e. Water Commitlee Appointments Mayoz Prickett appointed the follo~,:ing as members of the Wa[er Ad~iso~7 Con~mittee: ~,;Tilliam Purdom, Frank MacGrew, Harvey Seeley, Gary Fries and Walt Hcffbuhr. McCannon moved for approvat; Allen seconded and on roll call all YES. Water & Sewer Rate Study Committee Appointments Councilrash Ragland was appointed as Chairman add Counci]x~an McCannon to make up committee to study water and sewer rates by the Mayor who recommended that conmitt~e submit findings to budget connnittee for working out rate structure. Adjournment Mayor adjourned meeting at 10:23 p.m. ~ M."~u?feir Gary L. rickett Mayor