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HomeMy WebLinkAbout1972-0815 REG MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL AUGUST IS, 1972 II. ROLL CALL: The regular meeting of the Ashland City Council was called to order by Mayor Charles McKeen at ?:30 p.m. On the above date in the Council Chambers, Ashland City Hall. Councilman Roberts was absent; all other Council members were present. APPROVAL OF MINUTES: Willstatter requested changes to the minutes of the adjourned meeting of August 8, 1972: on Page 1, third paragraph from the bottom, Willstatter stated he had not left early, but was unaware of any further business; on Page 3, he wanted the minutes corrected from "Willstatter stated that only the ordinance was necessary" to "he felt the only point to be considered was that an ordinance should be drawn up if an exclusive franchise were to be granted."; on Page 5, second paragraph from the bottom: Willstatter wanted it noted that the Mayor called a recess first and then he left the meeting. McCannon moved that the minutes be approved as amended; Soderberg seconded; on voice vote, passed unanimously. III. DEPARTMENTAL REPORTS: IV. Conklin moved that the departmental 1972 be accepted and placed on file; passed unanimously. reports for the month of July, Roble seconded; on voice vote, STANDING COMMITTEE REPORTS: A. Streets & Traffic Committee: 1. Soderberg read a petition from 23 residents on Van Ness and Laurel Streets requesting that Van Ness be designated as a through street rather than Laurel due to excessive noise from trucks stopping. She then moved that the staff be instructed to prepare the necessary ordinance to make the change; Conklin seconded. After some discussion, on roll call, passed unanimously. Soderberg reported that a 93' yellow zone on Oregon near Indiana Street could be hetter utilized by the college for additional parking, and that the Fire Chief, Police Chief and Director of Public Works had reviewed the situation with the Streets ~ Traffic Committee. She then moveH that the staff be instructed to provide one 30-minute and one 1B- minute parking zone on Oregon Street and to reduce the yellow zone area. Roble seconded and explained the reasoning for the time limits decided upon. Chief of Police Hays pointed out vehicles can obtain special parking permits for certain projects. On roll call, passed unanimously. -1- lar Meeting ASHLAND CITY COUNCIL August iS, IV. A. Streets & Traffic 2. (continued) Committee (continued): Alsing reported the college had brought to the City's attention the fact there was a signal head at Wightman and Siskiyou Blvd., hut nothing to trip it. Upon inquiry by the college, the State Highway Department recommended that a traffic detector be installed for that particular signal head, as well as recommending changes in signals in that inter- section. The total cost would be $600; the State was willing to participate in half the cost, and the College also indicated a willingness to participate. Chief Hays noted the present 30-car parking lot up the street at the college would be enlarged to 60-car capacity and recommended the installation. Soderberg moved that the staff be instructed to enter into negotiations to provide for the traffic detector; Conklin seconded; on roll call, passed unanimously. It was suggested the trip be located so that traffic into the parking lot near the Security office would not actuate it. Soderberg noted a reply from the State Speed Control Board concerning the City's request for reconsideration of speed zones on Highways 66 and 99, stating that the matter would be considered on August 16. COMMUNICATIONS: Oral from the Audience Concerning Business Not Included on the Agenda Although there was no new business presented from the audience, Willstatter brought a matter to the Council. He felt there might be a possible morale problem in.some~!empl0yee fa~e~s.' ~l~hough having heard this information from concerned individuals, and not directly from City employees, he nonetheless felt a board should be appointed to review employee grievances and procedures; and so moved. Roble seconded for discussion. Conklin felt this would destroy the good relationship developed between the employees association and the City Administrator over the past couple of years, and personally felt there would always be some employees unhappy with their job. If it were a legitimate complaint, there were grievance procedures already set up, whereby an employee could appeal from his supervisor to department head to City Administrator to the Council, if necessary. Conklin felt hesitant to vote for a special investig~tive committee, when the~ Administrator was doing a good job now. Roble agreed, but felt perhaps the Administrator had not been informed about some things. On roll call, YES - Willstatter and Roble; NO Conklin, McCannon and Soderberg. At this time, the Mayor proceeded to the scheduled Public Hearing. -2- Regular Meeting ASHLAND CITY COUNCIL August 15, ~' VIII. NEW & MISCELLANEOUS BUSINESS: 1. Public Hearing: The Mayor opened the Public Hearing at 8:00 p.m. to consider vacating an unopened alley located between Scenic Drive and Alta Street, southerly of West Street. Almquist noted 100% of the abutting property owners and in excess of 2/3 of the affected area were in favor of the alley vacation; notices had been published and posted as required, and the filing fee made. After no comments from the audience, the Mayor closed the hearing. Soderberg questioned the proximity of the alley to be vacated in relation to the proposed Planned Unit Development. In reply to Willstatter, Almquist noted this was an extra steep grade with water drainage problems which made it of little use as an alley. Soderberg moved for the first reading of the ordinance; McCannon seconded; on voice vote, passed unanimously. Almquist gave the first reading of an Ordinance vacating the alley located between Scenic Drive and Alta Street in the City of Ashland. McCannon moved to pass to a second reading; Soderberg seconded; on roll call, passed unanimously. 2. City Administrator Almquist read a memo from the City Recorder listing the various retail outlets applying forr:ecomm~nd~t~ .... r renewal of Class PB licenses (p~ckage "Tine .... ' beer~' ' ets I ' ' ~o44 Ashland Street · k * .?~,'304 N. Main Street ....... at[St #6, 1690 Siskiyou Boulevard ~ice Gibbel, 99 Market, 1725 Siskiyou Boulevard White House Market, Inc., ~72 E. Main Lawrence L. Lewis, Southside Market, 1602 Highway 66 Bi-Mart Co., 2280 Ashland Street Lithia Grocery & Wine Shop, Lance K. Pugh, 47 N. Main St. Safeway Stores, Inc., Siskiyou Blvd. and Sherman Pioneer Market, Oak and "A" Streets Meister's Buy-Rite, Inc., 1475 Siskiyou Blvd. And the following applying for recommendation of renewal of a Dispenser's License: Elk's Club, B.P.0.E. ~944, 255 E. Main St. Hillah Temple, A.A.O.N.M.S., 51 Winburn Way Donald G. Malos, Ye Olde Pub, 137 E. Main St. Leigh E. & Dorothy L. Gustison, Cook's Reception, 66 E. Main. Leigh T. Johnson, Mark Antony & Crown Room, 1st & Main Streets Samuel O. & Leatrice M. Prough, Log Cabin, 41 N. Main Omars, Inc., 1380 Siskiyou Blvd. Victor N. & Mary Rose Abatino, Vito's, 75 N. Main St. Chief Hays found no objection to any of the applications; Roble moved for approval to the State Liquor Control Commission; Willstatter seconded; on roll call, passed unanimously. Re ~lar Meeting ASHLAND CITY COUNCIL August 15, 1' VI. VII. COMMUNICATIONS: Written 1. City Administrator presented a request for a policy decision from the Council relative to the repeal or enforcement of Ordinance No. 926, regulating places of amusement and imposing certain annual fees. He noted this contained some desirable regulatory features, and suggested the matter be referred to the Public Service Committee. Conklin felt the matter could have greater impact (i.e., upon the Shakespearean Theatre) and therefore moved that it be referred to a study session on August 22, 1972 at ?:30 p.m.; Soderberg seconded. On voice vote, passed unanimously. At this time, Mr. Stanford Dew, initiator of the petition to vacate the alley located between Scenic Drive and Alta Street, southerly of West Street, arrived and asked some questions concerning action taken. After a brief review of events, the City Administrator suggested the ordinance could be taken up ~t an adjourned meeting after the study session August 22 to assist Mr. Dew with his building plans. The City Administrator then read a letter from Virgil W. Jackson and Frank L. White, requesting permission to distribute free TV programming magazines on a house-to-house basis. Almquist felt this business would be best covered under Ordinance No. 1102, relating to peddlers and solicitors (wherein a person would obtain such a permit from the Police Department). Mr. Jackson presented a sample booklet that would be distributed every two weeks by such youth groups as Boy Scouts, etc. for fund-raising purposes. Income would be from advertising by local merchants in the booklet. Almquist recommended following Ordinance No. 1102, and the owners and field supervisors obtain licenses, with letters of identification to those making distribution. The Mayor felt such action would be proper, but subject to review by the City Attorney. 3. The City Administrator read a report from the Planning Commission on results of drawing by lot for terms of office. After a few remarks, a short recess was declared. Willstatter felt appointments did not constitute tenure, and did not want to tie the hands of a future Council. UNIFINISHED BUSINESS: 1. City Administrator Almquist read Planning Commission Resolution NO. PC-72-02, regarding findings of fact on an application by Jack Erwin for Conditional Use Permit No. 105, proposing the construction of 90 apartment units in a C-1 (retail-commercial) zone at 645 Tolman Creek Road, and denying the application. Conklin moved that a public hearing he held on September S, 1972, at 8:00 p.m. and the proper notices be published; McCannon seconded. Soderberg confirmed the Council did not have to accept or reject the Planning Commission findings, but could modify them. Almquist stated new testimony could also be heard at the public hearing; on roll call, passed unanimously. -4- liar Meeting ASHLAND CITY COUNCIL August 15, VIII. IX. UNFINISHED BUSINESS 2. (continued): City Administrator Almquist reported on the feasibility of providing utility discounts to low income senior citizens, noting Ashland proposed to use the federal standard~ to determine income ($1800 for single persons and $2400 for married persons over 65), of which there were 267 persons qualifying at the present time in Ashland. Willstatter felt the program could create an additional burden on the rest of the taxpayers. Some discussion ensued, with Almquist noting it would not be necessar~r to amend the budget in any way at this time, and the Council would be kept posted in order to make any budgetary transfers they felt were necessary later. He also affirmed it would be very clearIv explained that this was a trial program. Conklin then moved that the staff be instructed to draw up an ordinance to provide a 15% utility discount to low-income senior citizens until the end of the pilot program on June 30, 1973 (end of the fiscal year), with funds from the operating contingency. McCannon seconded. After further discussion, on roll call vote. passed with Willstatter dissenting- ORDINANCES, RESOLUTIONS 1. 2. & CONTRACTS: Acted upon earlier in the meeting. City Administrator Almquist presented an ordinance and read a memo relating to underground utilities, noting two minor changes made at the request of Pacific Northwest Bell. Willstatter questioned the requirement for installing a stubbed conduit in new construction for future undergrounding. Almquist replied that both the Electric Superintendent and Electric Consultant stated there would be no difference in cost between a ~tandard or future conversion service panel; it would also prevent a wall from being disturbed at a future time. The City Administrator then gave first reading of an ordinance amending Ordinance No. 1318, as amended; Ordinance No. 1389, ag amended; and Ordinance No. 1377, as amended, with respect to underground utilities. and declaring an emergency. Conklin moved to pass to a second read- ing; Soderberg seconded. Mr. Robert Voris, a realtor, f~lt the City should install street lighting in new subdivisions and assess the cost to the developer. Almquist pointed out the City bears the cost of pulling in the line, energizing and maintaining it. ~ome further discussion of the City vs. the aeveloper's responsibilities ensued. On roll call, motion passed unanimously. The Mayor read the ~tle of an Ordinance to provide the carrying into effect in the City of Ashland, Jackson County, Oregon, the powers reserved to the legal voters of said municxpalitv to enact and amend its municipal charter reserved to legal ~oters by Section 2 of Article XI of the Constitution of the State of Oregon, and repealing all ordinances or Darts of the ordinances in conflict herewith, and declaring an emergency. Willstatter R~ lar Meeting ASHLAND CITY COUNCIL August 1S, 17 IX. 3. (Continued) asked for a reading in full of the Ordinance~ which City Administrator Almquist proceeded to do. Conklin then moved for adoption of the ordinance; Soderberg seconded. Willstatter a~ain declared he could not see the urgency of calling a special election~ and felt the ordinance was tampering with the charter. It'was pointed out this isan enabling ordinance only. On roll call, passed with Willstatter dissenting. (*rather than at the regularly scheduled election in November.) 4. The Mayor read the title of an Ordinance submitting to the legal voters of the City of Ashland a proposed amendment to the charter of said city and declaring an emergency. Conklin moved for its adoption; Soderberg seconded. Willstatter again asked for a reading in full, which the City Administrator did. On roll call, passed with Willstatter dissenting. The Mayor read the title of an Ordinance calling for a. special election to be held on September 26, 1972, and providin~ for the submission at said election to the legal voters of said city a proposed act of municipal legislation amending the charter of said city to provide for the issuance of bonds in the amount not to exceed two hundred ninety-five thousand dollars ($295,000.00) to finance the desigD and construction of additions and improve- ments to the Ashland Sewage Treatment Plant facilities; and declaring an emergency. Conklin moved for adoption; Soderberg seconded. Roble, who had voted in the negative on the first reading, stated he now understood the timetable with the Depart- ment of Environmental Quality (DEQ) was very tight. On roll call, passed with Willstatter only dissenting. Director of Public Works Alsing noted there had been a project overrun (of $126.43) in airport improvements, and this was an opportunity for the federal government to participate with their percentage and a chance for the city to pick up a few dollars. He pointed out it would cost the City nothing to get this money. City Administrator Almquist then read a resolution authorizing and directing the execution of an amendment to a grant agreement for the purpose of increasing the maximum obligation of the United States set forth in the grant agreement executed by the City on October 15, 1968 (for Ashland Municipal Airport). McCannon moved for adoption; Conklin seconded; on roll call, passed unanimously. Almquist read a resolution commending certain members of the Ashland Fire Department upon their completion of Phase I of a course of instruction and examination in Cardiopulmonary Resusci- tation and Defibriltation. The Mayor also commended the efforts of the Fire Department in working on a new rescue rig. Roble moved for adoption; Willstatter seconded; on roll call, passed unanimously. It was suggested that copies of the resolution be personally presented to each member cited at the next meeting. -6- R~ lar Meeting ASHLAND CITY COUNCIL August 1S, At this time, City Administrator Almquist presented an item not on the agenda for Council consideration, which had been previously considered by the Planning Commission and its Downtown Development and Economic Development suB-committees. Almquist briefly reviewed the goals set forth in the Central Area Plan, noting one was to encourage merchants to enter into improvement projects using private rather than City funds. In order to provide some type of unification, however, in downtown improvements, it was suggested by the Ashland Development Commission to employ an architect to present a concept plan (including street improvements, exposed aggregate sidewalks, gothic street lighting, and trees in the proper wells). A petition had been received from 40% of the owners on East Main Street between Pioneer and First Streets, asking that such an assessment district be provided. Almquist noted this could be financed under the Bancroft Act, with payments spread over a 15-year period. He informed the Council that the present Department of Housing & Urban Development (HUD) offices were being consolidated; however, they encouraged the City to submit an application to them before September 1, 1972, under the Legacy of Parks Program to obtain federal participation for such an improvement district at 50 cents on the dollar (no City funds involved). Almquist recommended that the Council authorize the submission of such an application to HUD with the understanding that, if consent of 51% of the property owners was not obtained, the City could not accept the funds. A map was then presented and the plan outlined, noting the original proposal and as presently suggested it be limited to. Conklin did not want any areas excluded on the presumption they would not be favorable to it, and was opposed to sending any application for money before obtaining the consent of persons involved. Some discussion ensued. Almquist noted that, in such district assessment proceedings, the Council had the right to exclude any particular area at the time of the Public Hearing. Willstatter felt a resolution should be drawn up commending Mr. Provost Street.W/~6~er o~ s re ~me~ed consideration of rerouting traffic through the downtown area, and making provisions that such improvements as proposed would not be interrupted. Some reference was made to the BCATS study. Almquist pointed out this plan was an alternate to the mall envisioned in the Central Area Plan, but still created interest and allowed traffic to circulate. After some discussion, the City Administrator was instruc- ted to contact all property owners within the originally proposed area and report to the Council at the next study session. ' ~ular Meeting ASHLAND CITY COUNCIL August 1S, 19 Roble asked for the status of improvements to the lot located at North Main and Water Streets. Almquist stated there was a legal problem at the present time, which should be resolved shortly and would be reported to the Council. Conklin moved to adjourn to Tuesday, August 22, 1972 at ?:30 p.m.; Willstatter seconded. There being no further business, the meeting was adjourned at 10:00 p.m. subject to the call of the Mayor. /nck Respectfully submitted, Joseph M. Butler City Recorder -8-