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HomeMy WebLinkAbout1971-0907 REG MINREGUI,AR M1ZF, TiNG OF TIlE ASItLANI) CiTY COUNCIL SEPTEMBER 7, 1971 I. ROLl, CALL The regular meeting of the City Council was held in the Council Chambers, City Hall, on the above date at 7:30 p.m. The meeting was called to order by Mayor HcKeen; on roll call, Councilman Roberts was absent; all others were present. II. APPROVAL OF MINUTtES: Minutes of the August 17, 1971 regular meeting and the August 24, 1971 special meeting. McCannon noted on Page 6, Section C, Item 1.e., the word "substitute" should be deleted from the minutes. Willstatter stated that, contrary to notes on Page 7, Ashland does have a Uniform Building Code. Roble moved to approve the minutes as corrected; McCannon seconded; on voice vote, passed unanimously. At ttHs point, the Mayor departed from the agenda, and presented a resolution to the Council commending Faith McCullough for her years of faithful service in reporting the news of the City of Ashland. City Administrator Almqnist read the resolution; F4cCannon moved for a second reading by title only; Willstatter seconded; on roll call, passed unanimously. Almquist read by title; Roble moved for adoption of the resolution, with the sincere thanks of the Council to Mrs. McCul]ough; Conklin seconded; on voice vote, passed unanimously. Mrs. McCullough accepted the framed resolution from Mayor McKeen, and expressed her appreciation of the Council aud admiration for persons who accept the responsibility for civic leadership. She felt her job had been hard work, but fun. I I I. DEPARTMtiNTAL REFORTS: None IV. STANDING COMM]TTI~H RILFOICI'S: A. Finance & ProjZerty Commit~t_e._e_.: Soderberg rocomlnended that action be deferred until the next regular council meeting (September 2]) to allow further discussion and satisfaction of issues between the, Civic Club, Park Commission and the staff. The ,Mayor deferred lhis. IV. A. 2. Soderberg moved to approve the transfer of $900 Hospital Fund to the I~ospita] Bond Fund; Roble on roll call, passed unanimously. front the seconded; Soderberg moved to approve an increase in the Municipal Court budget of $600 front the Operating Contingency Fund as a result of tt.B. 1179. Roble seconded; on roll call, passed unanimously. At this point, Conklin requested that the Mayor appoint a member of the Council to act temporarily in place of Roberrs, 'as it was his opinion Councilman Roberts did not have sufficient time to research items coming before the Finance & Property Committee (due to a heavy workload with his business at this time of year). Councilwoman Soderberg did not feel this would be an appropriate move, as it was always possible to reach Roberts, by telephone or personal contact, for opinions on Committee matters. McCannon suggested Roberts be contacted about this possible change. The Hayor said it would be taken into consideration. B. Public Service Committee: A recommendation relative to a request from Glenn B. Franklin, Jr., 270S E. ~lain Street, for permission to connect to the City sewer systems was mac]e. Roble had been nnable to contact him, but Conklin and D~rector of Public Works Alsing went to the property and talked with bit, Franklin. Conklin and Roble recommended, and Willstatter opposed, allowing the connection. Conkiln so moved; ~cCannon seconded. Mr. Franklin had been asked by County Sanitarian Ettinger to comply with certain things in his drain field. After a receipt inspection, it had been "red tagged". Willstatter received a letter from the Jackson County Ilealth Department, noting that Franklin's unit was malfnnctioning, but not discharging into Bear Creek at that time. Willstatter felt there was no '~moral obligation" on the part of the Cjty, that the individual should take care of this without subsidy. ~IcCannon noted ~x~r. Frank]in had agreed to pay the $900 connect fee for the City. Mr. Franklin pointed out to ~Ir. Ettinger and the Council that perk tests, at the request of the County, had been made and reported. Also, an estimate for a new septic tank had been obtained from a Medford Con~pany, but they would not guarantee its operation. Upon Mr. Ettinger's statement that his office was not aware of any improvements having been made, ant1 any done without a permit were illegal, blr. Franklin stated he had not been informed of such a law and that County representatives had, in fact, inspected the problem on nlorc than one occasion. -2- IV. (continued) Alsing noted the location of the City sewer line was contiguous with the property. After a suggestion by Soderberg that any consideration for future annexation (which was obviously planned, since City lines were extended there) should include an item for Talent Rural Fire Department protec- tion, Conklin and ~rcCannon withdrew their motion and second respectively. Conklin then moved to adopt a general policy as follows: 1.That the connect fee be triple the fee for inside City service (or $900.00 for outside). 2. That connects be allowed only for existing dwellings as of the effective date of the policy change. 3. That the property owner sign a "consent to an~e~xation" which would be recorded, thereby allowing the City to initiate the annexation at a future date. The 'Iconsent" would inc]ude an agreement to pay the ~q~nexation fee at that time. 4. That the property owner would agree to absolve the City of any bonded debt on the Property (i.e., the Talent Rural Fire I)epartment). 5. That connects be made only to sewer mains in proximity to the property to be served. (No new mains will be installed for the sole purpose of serving areas outside the City limits.) It was noted that monthly sewer rates for outside service were set at twice the inside rate by Ordinance No. 1479, adopted in May of this year. McCannon seconded the motion; on roll call, passed with Willstatter dissenting. The City Attorney raised a question of service in case the dwelling should be burned dm~n and a replacement built. tle was instructed that service would continue for a replacement building only (no ne~ business or house). The Mayor instructed the staff to draw np an ordinance. Alsing noted there would be about 50-60 dwellings affected by the proposed general policy, and would make a check of this. The City Administrator suggested the additional funds from hook-up ($300 cost, and $600 additional) be earmarked for the Capital Improvement Fund for new sewage facilities. Conklin so moved, Soderberg seconded; on voice vote, passed. C. Streets & Traffic Committee The recommendation for the proposed vacation of a street easement on land owned by the Hi]]nh Temple, adjacent to the Lith~a Park Iixtension Project, was presented by Conklin. He moved to have the staff prepare the necessary agreements, draw up an ordinance and prepare a qn~tcla~m deed. blcCanuon secouded. IV. C. 1. (continued) Willstatter felt the quitclaim deed was superfluous. City Attorney Salter explained the legal proceedings and the necessity for such a deed, in that it would keep tbe chain of title clear. The City would reserve sub-surface utility easement rights and make a stipulation that [be area vacated be used exclusively for vehicle parking and access as long as the present building exists on the Hillah Temple property. On roll call, passed with Willstatter dissenting. It was recommended and moved by Conklin that a resolution be drafted authorizing the designation of all loading zones in the City to be "15-~Hnute Loading Zone, 8:30 a.m. to 5:30 p.m.". Roble seconded; on voice vote, passed unani- mously. It was recommended and moved by Conklin that a moratorium be imposed on all requests for "Authorized Vehicles Only" Earki~ by downtm.,u~ merchants; He proposed a meeting on eptemBer 16 to d~scuss the parkin~ needs in the central area and get the merchants' feeling on reserved on-street parking. Roble seconded; o~ voice vote, passed unanimously. It was recommended and moved by Conklin to pass the Ordinance prohibiting peddling from public streets, sidewalks, and other public places i~ commercial areas of the City to a second reading. Willstatter seconded; on voice vote, passed unanimously. It was noted a change had been made to allow such things as sidewalk sales for businesses and non-profit organizations at the discretion of the Council. Conklin moved that the staff investigate the feasibility and legal impact of a program to provide for assessment deferrals and tax refunds for low-income elderly persons. Roble seconded. City Attorney Salter noted that a new state law had just been passed which could provide for tax defermerits or exemptions based on low income only. He would check the new statute and report to the Committee. On voice vote, passed unanimously. It was recommended by Councilman Conklin that the staff investigate the possibility of donations of property for park purposes in lieu of payment for assessments in conjunc- tion with the improvement of Oak Street. The F[ayor referred this to tl~e Finance & Property committee for further study. V. ~]~M]jNH/CA~I~I'O]~: Oral from the Audim~ce An elderly gentlelnen from the audience ~anted clarification on whether they would be allroved to pay for street improvements on Oak Street and not have them deferred. Conklin explained that the deferment would only be for persons who could not pay at that time. The City Recorder noted the Bancroft Act provided for payments over a period of ten years at 7 percent. VI. CO~'[MUNI CATIONS: ~,Vritten It was moved by ~Villstatter that the minutes of the Planning .commission meeting of August 9, 1971 be accepted and placcd on file; Conklin seconded; on voice vote, passed unanimously. A request from the Sign Review Board for a moratorium on reader-board and changeable copy signs be made until such time as the SiRn Ordinance could be amended to regulate such signs was read by the City Administrator. Soderberg moved to adopt such a moratorium; McCannon seconded. Roble noted the Sign Review Board was simply asking for time, and that there was no definition for a reader-board sign at the present time (although Willstatter pointed out there was for a bulletin board sign). Soderberg moved to place seconded by McCannon; on Mayor set it as such. a 60-day limit on the moratorium; voice vote, passed unanimously. The VII. SPECIAL AGENDA ITEMS: A. Unfinished Business: McCannon stated that a request from the Economic Development Commission to authorize expenditures for a base map for the City of Ash]and Industrial Area had been withdrawn for the present in order to allow a more comprehensive map to be prepared. B. New and Miscellaneous Business: A request for a Retail Halt Beverage license frorn Harry Sharpe for the Black Forest, 1700 Ashland Street, was read by the City Recorder. I[e noted this was simply a change from a partnership to solo ox~'nership, and that the Police Department had checked it out and found no problems. Roble moved that the request be granted, and recommcncI approval to the Oregon l,iqnor Control Comn~ission. l%li]lstatter seconded; on roll call, passed nnan~mous]y. .VII. A request to bid for vehicles included in the 71-72 budget was presented by City Administrator Almquist. It was felt to be an advantageous time, since dealers would be required by the wage and price freeze to bid at 1971 prices, even for 1972 models. The vehic].es and equipment to be bid are: 1 Truck-mounted Street FlusHer (Streets Div. 1 Pick-Up or Van (Engineering Div.) 1 Station Wagon (Fire Dept.) 1 Portable Welder (Equipment Pool) Roble moved that the request be grant'ed; TicCannon seconded; on roll call, passed unanimously. Conklin presented a proposal by the Streets & Traffic Committee to direct the City Attorney to draft an ordinance regulating "garage sales". lie said that many complaints had been received about the abuse of same. Upon a question from Roble, City Attorney Salter replied that the nuisance ordinance would only cover aspects and therefore not be effective. Willstatter said this was aimed primarily at individuals who made a business of having "~arage sales", sometimes over an extended period of time or with a large quantity of goods. He said this was not intended to hamper the legitimate householder who cleaned out their garages and held these sales as an "~erican institution". It was his recommendation to study the ordinance adopted by the city of Springfield. Soderi~erg snggested issuing permits in the s~me manner as burning permits (via telephone). Salter stated this would pose a problem of proof and enforcement of the ordinance. Soderberg moved to direct the City A~torney to draft such an ordinance; McCannon seconded. On voice vote, passed unanimously. Soderberg presented a request that the Council write a letter to the State Iligl~way Commission for design and preliminary plans and cost estimates for a freeway inter* change or alternate route to Highway 99. Should this route go along Bear Creek, it shoulcl be requested to preserve the maximum amount of land for use as parks. She fe]t the City needed to know the longs term plans, even if funds were not immediately availab]e. Alsing indicated that such information would be issued in the Bear Creek Area Transportation Study final report, soon to be issued by the State High~'ay Department. This preliminary inforInation was already on file with the Public Works DepartInent. -6- VII. B. (continued) Soderberg indicated she wanted a complete and separate study from the State }!ighway Commission, which could be done at no charge to the City. Alsing noted the information in the forthcoming BCAT study was based on the downtown comprehensive plan. The Mayor suggested a letter could be sent indicating the Council was vitally interested in the work, with a request to be kept informed directly about plans. Soderberg moved to write a letter; McCannon seconded; on roll cal}, ~Tillstatter, Roble and Conklin dissenting, Soderberg and McCannon appyoving. Motion denied. referred to the Finance & Property Committe investigation and study. At this time, Councilman Roble left the meeting due weakened physical condition. C. Ordinances, Resolutions & Contracts: City Administrator Almquist reqd a letter from Louis Macloon of Hardrock Resources for permission to bottle Lithia Water for commerc}al sale. He recommended this be for further to his 1. The ordinance concerning peddling was acted upon earlier in the meeting. The City Administrator gave the first reading of an Ordinance waivjng an election and calling for a public hearing in connection with a proposed annexation of property situated on the south side of Highway 66, west of the 1-5 Freeway (}larry Elmore, et al, applicants). Conklin moved to pass to a second reading; McCannon seconded. Soderberg felt this was improper to place a trailer park in this location, and that the property could be used for a future industrial site. McCannon stated it was almost wishful thi~king to get industry there within a short period of time, and that it was not fair to the property owner to hold it indefinitely. Sid Ainsworth, attorney for the applicants, noted the staff had been directed to prepare an agreement with Mr. Elmore (by previous Council action, recent]y) in order that an island would not be created for annexation. The agreement was in draft form at the present time. He also noted the Ashland Comprehensive Plan lists this area of property as being suitable for trailer courts. The proposal by Mr. Elmore was consistent with City planning. He also noted conditions were agreed to by Hr. Elmore which would cause the land to be hrought into the City after annexation at a higher tax evaluation. -7- · VII. C. 2. (continued) Mr. Ainsworth also noted the City had formerly limited the Bear Creek Valley Sanitary Authority from extendir~g its services beyond Valley View, therefore cutting off access to property owners in that area. Willstatter said this was a County problem and that he was opposed to the annexatj on. On roll call, McCannon and Conklin, YES; Soderberg and Willstatter, NO; the Mayor broke the tie vote with a YES vote, thereby setting a public hearing for October 19 and causing a second reading of the propoaed ordinance. City Administrator Almquist gave the first reading of an ordinance waiving an election in connection with a proposed annexation of property situated on the north side of Hwy. 66 east of Tolman Creek Road (Oregon College of Art, Richard Walsh, applicant). After a question from Conklin about zoning, Salter noted the burden for such did not rest with the City and that Mr. Walsh had made application to the County for a zone change. Soderberg moved to pass to a second reading; McCannon seconded; ou roll call, Willstatter dissenting, motion passed. Almqu~st gave the second reading of an Ordinance ordering imDrovement of Oak Street from the S.P.R.R. to Nevada Street. Conklin moved for adoption; McCannon seconded. There was some discussion about the width of the road, but the ~iayor pojnted out the Council had previously decided to make it 40 feet wide, subject to removal of trees and possible replacement of utility poles. On roll call, Soderberg dissenting, motion passed. Willstatter recommended delaying action on a resolution prohibiting left turns across East Main Street to Oak Street from the Plaza exit and designating Water Street between "B" Street and North Main Street as a one-way Street until such time as an answer was received from the State llighway Commi s s ion. 6 and 7. These were acted upon earlier in the session. There being no subject to the further business, the meeting was adjourned at ca].] of the Mayor. Respectfully submitted, City Recorder 10: 30 p .m. /rick