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HomeMy WebLinkAbout1972-0620 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL JUNE 20, 1972 I. ROLL CALL: The regular meeting of the Ashland City Council was called to order at 7:30 p.m. in the Council Chambers, City Hall, by Mayor McKeen. All members were present. II. APPROVAL OF MINUTES: Willstatter requested two changes on the minutes of the regular meeting of June 6, 1972: (1) on Page 2, first paragraph, he wished to add that "...he enjoined Mr. Gaboury to work within the system, rather than withdraw from it, and take out a petition for office." (2) on Page 5, paragraph 7, Willstatter meant he wished the City Attorney to check the applicability of the ORS. Conklin moved that the minutes be accepted as /? amended and placed on file; Willstatter seconded; on voice vote, passed unanimously. III. DEPARTMENTAL REPORTS: Soderberg moved that the departmental reports accepted and placed on file; Roberts seconded; unanimously. for the month of May be on voice vote, passed IV. STANDING COMMITTEE REPORTS: A. Public Service Committee: 1. McCannon presented a recommendation (not on the agenda) and moved that the Student Awards Banquet become an annual event, with Roble to be considered as permanent Chairman because of all his efforts. Conklin seconded. Soderberg suggested the staff be instructed to draw up a resolution to that effect, and McCannon so included it in his motion. Roble told the Council he appreciated their consideration. On roll call, passed unanimously.l~ 2. McCannon reported that, at a meeting held with various persons and organizations interested in assisting the elderly in Ashland, it was agreed (a) there should be a drop-in center established locally to disseminate information and provide a place to which the elderly could call for help; (b) there should be a full-time paid staff member (assisted by volunteers) and (c) that the Rogue Valley Council on Aging would be best suited to undertake this effort. The Committee felt the program should be initiated on a one-year trial basis. He also reported a meeting had been held with American Legion officials, who were agreeable to use of their building as a drop-in center. However, the Parks & Recreation Commission felt a better area could be provided by remodeling the front porch area (at a cost of $500 $800) of the Parks office, which could then be watched by a Parks department employee. The additional heating and a telephone extension would also be provided. -1- t lar Meeting Ashland City Council June 20, '2 IV. A. 2. At this VIII. (continued) McCannon then moved that a drop-in center be established for the elderly as proposed by the Parks & Recrea- tion Commission, plus a contribution of $3S0 for "consumables". Soderberg seconded. Conklin pointed out the RVCA had received a $40,000 grant to set up three such centers, of which only one had been established in Medford. He felt there should be some money in that budget for incidentals, since the City was providing the center. McCannon stated most of the grant money was allocated for salaries, travel expenses, etc.; he also felt the money to be authorized by the Council would be going to the people of Ashland. Willstatter strongly felt some other possibilities should be explored, stating the Armory had offered their facility free of charge during normal operating hours (when a custodian was present). Willstatter also pointed out staff for the center could be the elderly themselves, since not all were helpless. Roberts felt some progress had been made by the Council since the original request for just a cash donation. Ruth Rountree and Gladys Downes of the Rogue Valley Council on Aging felt the Parks & Recreation building had a more "homey" atmosphere. On roll call, YES Roble, Soderberg, McCannon; NO - Roberts, Willstatter, Conklin. The Mayor broke the tie vote with a YES, stating that other possibilities could be explored while a center was in operation. He then instructed the staff to write a letter of appreciation to the American Legion for their offer to use the building. time, the Council proceeded to the scheduled Public Hearings. NEW & MISCELLANEOUS BUSINESS: 1. Public Hearing 8:00 p.m. to consider the vacation of the northerly 21S feet of an unopened street located southerly of Siskiyou Boulevard between Clay Street and Bellview Avenue. Robert Pierson of the Adult Student Housing development was present to answer any questions. After no remonstrance from the audience, the Mayor closed the public hearing. City Attorney Salter, acting for the City Administrator, read an Ordinance vacating the street in the City of Ashland, Oregon, and declaring an emergency. Conklin moved that the Ordinance be moved to a second reading at a special meeting on June 21, 1972 at 1:00 p.m.; Roble seconded. After no objections from the Council, Soderberg was excused from voting since she owned property in the area. On roll call, passed unanimously. 2. Public Hearing 8:1S p.m. to consider Zone Change No. 34 from R-3:1.2 (multiple-family residential) to R-I:B-8 (single-family residential) on property situated on the south side of Siskiyou Boulevard between Harmony Lane and Beswick Way (Lottie Beswick, applicant). Alsing noted the intent was to restrict the property R~ lar Meeting Ashland City Cpuncil June 20, 197 VIII. The IV. (continued) to single-family dwellings. After no remarks from the audience, the Mayor closed the public hearing. Salter then read an Ordinance amending Ordinance No. 1361, the Zoning Ordinance of the City of Ashland, to rezone certain property from R-3:1.2 to R-i:B-8 for property situated on the south side of Siskiyou Boulevard between Harmony Lane and Beswick Way, and declaring an emergency. Conklin moved that itpass to a second reading; McCannon seconded; on roll call, passed unanimously. agenda returned to its order after the public hearings were closed. STANDING COMMITTEE REPORTS (continued): A. Public Service Committee: 3. McCannon stated that some interpretation of the present park ordinance prevented anyone from even transporting liquor through the park, and the Committee felt there should be some clarification. He pointed out Shakespeare had furnished "ale" at their annual banquet for the past twenty years. It was felt some restrictive permit system could be worked out, but recommended at this time the ordinance be amended to allow (a) transporting liquor through the Lithia Park extension area; and (2) allowing "ale" to be served on the park premises leased to the OSFA. City Attorney Salter read an Ordinance amending Ordinance No. 626, which pertains to the regulations of the use of public parks, and declaring an emergency. McCannon moved to pass the ordinance to a second reading at the special meeting June 21; Roble seconded; Willstatter felt such an amendment was "..tmaking a mockery of City ordinances" and that the leased premises were still technically park area. Roble said the Public Service Committee would meet with OSFA after the "feast" to determine the success of failure of the program. On roll call, passed with Willstatter dissenting. 4. In relation to the above action, McCannon moved that the request for a Class PB Liquor License for the Cheshire Cat Cheese Shop (John & Rosemary Ralston) at 10 Guanajuato Way be approved to the Oregon Liquor Control Commission. Soderberg seconded; on roll call, passed with Willstatter dissenting. At this time, Roble made a motion to have all department heads present at all Council meetings, in case a question should arise concerning them. Willstatter seconded. Conklin felt this was unnecessary, unless there was a particular item on the agenda. Some discussion ensued, with City Attorney Salter pointing out department heads would include the City Judge. On roll call,YES Roble, Soderberg, Willstatter; NO - Roberts, Conklin and McCannon. The Mayor broke the tie vote with a NO, stating he felt the City Administrator was responsible and could give the information to the Council. Director of Parks & Recreation Garth McGuire arrived from a meeting of the Committee established to select designs for the statue by the Library, and reported three designs had been chosen to be made into models for a final decision. -3- R~ lar Meeting Ashland City Council June 20, 1972 IV. B. VI. Streets & Traffic Committee: 1. Soderberg moved that parking prohibitions to eliminate parking be imposed on the westerly side of Granite Street from North Main Street to High Street, and that the staff be instructed to prepare the necessary ordinance; Conklin seconded. It was noted only two residences would be affected, and either off-street parking or just around the corner parking was available. On roll call, passed unanimously. Soderberg requested that the recommendation to deny a request for reduction of street width on So. Mountain Avenue from Ivy Lane to the south City limits be deferred until further study was made. COMMUNICATIONS: Oral from the Audience Concerning Business None presented. Not Included on the Agenda COMI~UNICATIONS: Written 1. Conklin moved that the minutes of the Planning Commission meeting of May 8, 1972 be accepted and placed on file; Roberts seconded; on voice vote, passed unanimously. Salter presented a memo from the City Administrator on an applica- tion for special assessment of open space land from Stewart Johnson on land situated at 975 Walker Avenue, pursuant to ORS 308.755 to 308.760. Willstatter moved to defer the matter until the next meeting; Conklin seconded; on roll call, passed unanimously. VII. UNFINISHED BUSINESS: City Attorney Salter presented a box from which Council members were to draw lots relative to the assignment of position numbers to Council seats, pursuant to a Charter amendment approved by the voters on May 23, 1972. Willstatter declined to draw, as he was still aw~ting a reply from the State Attorney General on the validity of the City Charter. Positions were drawn as follows: Mayor McKeen Conklin ~/Q ~IRoble Salter pointed out that the Ordinance placing the business license receipts in a special fund was abolished with the Ordinance which established the new Planning Commission, and the Council should determine the disposition of such funds. Conklin moved to refer the matter to a study session on June 27, 1972 at 7:30 p.m.; McCannon seconded; on roll call, passed unanimously. -4- F lar Meeting Ashland City Council June 20,197 VIII. IX. NEW & MISCELLANEOUS BUSINESS (continued): 3. The City Recorder presented two applications for Liquor Licenses not on the agenda: a. For transfer of ownership for the Lithia Grocery. Police Department had found no reason for disapproval. Conklin moved for approval to the Oregon Liquor Control Commission; Willstatter seconded; on roll call, passed unanimously. b. For addition of serving wine (rather than beer only) for the Log Cabin on North Main Street; no adverse report from the Police Department; Conklin moved to approve to the OLCC; Soderberg seconded; on roll call, passed unanimously. 4. The Director of Public Works requested authorization to call for bids for paving pursuant to assessment improvement work previously authorized by the Council; Willstatter so moved; Conklin seconded. On roll call, passed unanimously. ORDINANCES, 1. 2. RESOLUTIONS & CONTRACTS: Previously acted upon in the meeting. Salter read an Ordinance amending Ordinance No. 1578, as amended by Ordinance Nos. 1S87, 1704, 1718 and 1724, which concerns parking limitations in the City of Ashland, and declaring an emergency. Conklin moved to pass to a second reading; Roble seconded; on roll call, passed unanimously. Salter read an Ordinance authorizing and ordering the improvement of: (1) CLAY STREET, from Mohawk Street to the south City limits; (2) COVENTRY PLACE, from Glendower Street westerly approximately 110 feet; (3) LINDA AVENUE, from Mohawk Street to Crestview Drive; and (4) CRESTVIEW DRIVE, from Park Street to the City limits; by constructing thereon curbs, gutters and paving; authorizing the assessment of cost of said improvement against property to be benefitted thereby; and providing that warrants for the cost thereof be general obligations of the City of Ashland. Willstatter moved that the foregoing Ordinances be passed to a second reading; Conklin seconded; on roll call, passed unanimously. Previously acted upon in the meeting. The Mayor read an Ordinance by title adopting the Annual Budget, making appropriations and levying taxes for the period of July 1, 1972 tO and including June 30, 1973, such taxes in the sum of $265,338 upon all the real and personal property subject to assessment and levy within the corporate limits of the City of Ashland, Jackson County, Oregon, said levy to be in accordance with the particular appropriations mentioned herein, and declaring an emergency. Soderberg moved for adoption; McCannon seconded; on roll call, passed with Willstatter dissenting. Conklin then stated a raise should be considered for the City Administrator in recognition of the excellent job done and in line with raises for all City employees on July 1. He then -5- R ar Meeting Ashland City Council June 20, 2 IX. 5. (continued) moved that a 5% raise be allotted to the City Administrator; McCannon seconded. Some discussion ensued. Conklin felt the extra government "assistance" in funding some projects created more work, rather than eased the job as Willstatter suggested. McCannon felt an increase was '~only fair, since the cost of living keeps going up" and the City Administrator should not be penalized. Soderberg felt the action should be given further study and referred to the Finance & Property Committee. McCannon moved that the raise be effective September 1, the anniversary date of the Administrator's contract; the motion died for lack of a second. Soderberg stated she had requested a report on the capital improvement program a couple of times during the past few months, with none to date, and therefore did not approve of the raise at this time. Roble said the fine job performance justified it; Roberts agreed, but did not want this to be considered an automatic raise. On roll call, YES - Conklin, McCannon, Roberts, and Roble; NO Soderberg and Willstatter. 6. Salter read an agreement between the Parks & Recreation Commission and the Rogue Eagles Radio-Controlled Model Plane Club for ratification by the City Council. Roberts felt that, since it had been endorsed by the Conm~ission, the Council should ratify, and he so moved; Soderberg seconded. Conklin felt the Council would be infringing on the rights of residents in the area. He noted the effect of noise on dairy cattle and felt the planes could not be sufficiently muffled. Considerable discussion ensued, with Parks & Recreation Commission Chairman Dave D'Olivo pointing out the stipulations for operating. John Balog, area resident, felt the planes would be a fire hazard and possible hazard to student pilots. After further talk, on roll call, NO - McCannon, Roble, Willstatter, Conklin; YES - Soderberg and Roberts. The Council agreed to study the recreational purpose of the Lithia Springs property later. At this time, City Attorney Salter informed the Council the State Court of Appeals recently held the Conditional Use Permit granted to Sibarco for a gas station (in the case of Sammons vs. Sibarco/City of Ashland) was not valid, the reason being that neither the Planning Commission nor the City Council made written findings as required by the City zoning ordinance. The court further held the C-1 zoning of the land to be valid. Salter asked the Council for direction for any further action.~=In reply to Conklin, he said the City would not be held liable if the case did not goto a higher court, but pointed out (if the other party did petition for a rehearing of the case) it might be in the City's best interests to remain in the case to have control over a civic matter. Conklin then moved to adjourn seconded; on voice vote, further business at subject to the call to Wednesday, June 21 at 1:00 p.m.;Willstatter passed with Soderberg dissenting. There being no this time, the meeting was so adjourned at 10:05 p.m., of the Mayor. Respectfully submitted, ~Joseph M. Butler City Recorder /nck -6-