HomeMy WebLinkAbout1971-0921 REG MINMINUTES OF THE REGULAR MEETING
ASHLAND CITY COUNCIL
SEPTEMBER 21, 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 McKeen; on roll call, all present
except Councilman Roberts, who arriveda few minutes late.
II. APPROVAL OF MINUTES: Minutes of the September ?, 1971 Regular
Meeting.
Willstatter noted that the correction in the last meeting minutes
pertaining to the August 17 meeting should read that "the City of
Ashland does not have a Housing Code, but does have a Uniform
Building Code." The Mayor approved the minutes as corrected.
III·
DEPARTMENTAL REPORTS: Reports for the month
Roble moved'to receive the reports and place
seconded; on voice vote, passed unanimously.
of August,' 1971.
them on file; Conklin
IV. STANDING COMMITTEE REPORTS:
A. Financ~ & Property Committee:
Ro. berts, on behalf of the Committee, recommended the staff
implement a Memorandum of Understanding with the Ashland
Civic Improvement Club, the Parks Commission and the City
in lieu of the proposed extension of the lease. The agree-
ment was satisfactory to all parties, according to McCannon,
who had met with the ladies of the Civic Club regarding
the use of the building on Winburn Way.
The Memorandum of Understanding would include the following
terms:
a. The Women's Civic Club was to have use of the facility
at no charge for its scheduled activities, while the
Club remains active, or the present building remains.
b. The Women's Civic Club was to have control o£ the
"fireplace room" and may keep it secured. Anyone
wishing to use this room would request keys and
permission from the Civic Club.
IV.
A. 1.
2~
(continued)
c. The Parks Commission would
assume administration of
the building on October 1, 1971, including the rental
program, building maintenance and utilities.
d. The City would purchase the furniture from theWomen's
Civic Club following two independent appraisals of value
at the City's expense. The Civic Club could retain and
not sell any furniture they so designate.
e. The City would reimburse the Civic Club for oil in the
tank for the heating system.
f. The Park Commission would give first consideration to
groups now meeting regularly in the building in setting
up its initial rental schedule.
Roberrs moved to have the staff implement the Memorandum of
Understanding. BIcCannon seconded.
Willstatter questioned the cost of the furnishings to be
purchased by the City. Soderberg noted the furnishings,
which were donated to the Civic Club (some dating to the
turn of the century) had been reupholstered, resanded,
revarnished, etc., at the ladies' cost. It would require
an appraiser's estimate to determine the present value.
Soderberg also noted the ladies were agreeable to having
the City make payments over a period of time for the
furnishings. On roll call, passed unanimously to staff
action.
Roberts recommended the Ordinance amending the Plumbing Code
for the City be adopted. The City Administrator stated that
a reply had been received just that afternoon from the
Building Contractor's Code Review Committee, with additional
recommendations and comments (including the use of plastic
drainage pipes and vents). Roberrs then recommended this
be referred again to the Committee for further study.
Roberts recommended that the City of Ashland, although not
a regulated facility, draft a resolution setting forth the
intent to comply with a recent Public Utilities Commission
Order prohibiting regulated utilities from engaging in
"bonus" programs. The resolution would include:
a. The City of Ashland would comply With P.U.C. Order
No. 71-304.
b. The program of cash discounts or bonuses to customers
through the Cal-Ore program would be discontinued
effective January 1, 1972.
c. The City of Ashland would reserve the right to select
only those elements of the Cal-Ore program which would
promote load building and comply with the P.U.C. Order.
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IV.
A.
(continued)
d. The primary emphasis of Ashland's program would be
participation in cooperative advertising through the
Cal-Ore Electric League.
e. The City of Ashland would not provide incentive
payments to sales personnel through the Cal-Ore program.
Soderberg moved to adopt specific policies listed above by
placing them in full in the minutes. Willstatter seconded.
Conklin objected to the whole Cal-Ore Electric League
program in general, stating the money paid out should be
kept in Ashland. Soderberg noted the City does not have
its own staff or facilities for such extensive advertising
and other' advantages gained through the League. Roberts
pointed out participation in the program was voluntary,
and that i~ allowed for selectivity. Upon a question by
Willstatter, it was stated that you only pay for those
programs ~n which you participate,
Conklin moved to table the item; Roble seconded. On roll
call; Conklin, McCannon, Willstatter and Roble - YES and
Soderberg and Roberts - NO. Matter tabled.
Roberts made a recommendation of the Finance & Property
Committee to deny the request by Louis Macloon, [lardrock
Resources, for permission to bottle Lithia Water commer-
cially, and made such a motion. Roble seconded. It was
noted that information requested by the City Administrato
regarding a recent financial statement, references and a
firm proposal had not been satisfactory. On voice vote,
passed unanimously to deny the request.
A recommendation was made to have the staff contact property
owners on Oak Street relative to donation of land for the
proposed Ashland Creek Parkway and Road in lieu of payment
of assessments for the improvement of Oak Street. The
Committee felt the matter was worth exploring, and wanted
to see if there was any interest on the part of the property
owners. Roberts so moved; McCannon seconded.
Willstatter through this study would be doing something
"after the fact". Roberts said the study would be done to
determine the feasibility of such a move. Soderberg noted
there were three alternatives to be proposed to the property
owners for such donation: dedication of the entire parkway
and road,'the parkway only, or the roadway only and an
easement of purchase option on the parkway, in lieu of the
street assessment.
On roll call, passed unanimously for staff action.
IV. B. Public Service Committee:
Roble recommended that the City Attorney be directed to
prepare an Ordinance relative to suppression of fire in
unprotected areas and provide for the recovery of costs
pursuant to H. B. 1689.
Willstatter asked the Fire Chief whether these services
were in addition to those usually performed. He replied
that the City of Ashland usually answers calls to outside
areas in the summertime, due to the proximity to the City
and for protection of the watershed. He noted, however,
that Ashland did not always respond in winter months.
The House Bill simply provided for reimbursements of
costs on a pre-set rate.
Roble moved for staff action;
suggested the property owners
provided with a list of costs
provisions of the House Bill.
unanimously.
Conklin seconded. Soderberg
in the area outlined by
involved and a copy of the
On roll call, passed
City Administrator Almquist read a memo from the Director
of Finance requesting Council approval to call for bids
'and proceed with work to fix the chimney at the crematorium,
due.to the danger of collapse from cracks.
Roble moved for approval; Willstatter seconded. Almquist
noted there had been 64 cremations in just the past two
months, and others would be done in Grants Pass or Medford
during the downtime to repair the chimney. On voice vote,
passed unanimously.
C. Streets & Traffic Committee:
Recommendation was made by Conklin that the pavement width
for the improvement of Oak Street from the S.P.R.R. to
Nevada Street be reaffirmed at 40 feet.
Conklin stated that the item listed on the ag~nda as "a
public hearing to be scheduled on the proposed opening of
Joy Avenue to commercial traffic from the Ashland Shopping
Center (request by Marion Krebs, developer)" had been in
error. He stated the item should have read "Request for
Council permission to improve Joy Avenue."
At this time, Mr. Marion Krebs and his attorney, Richard
Cottle, noted that plans approved in 1969 indicated access
to the Shopping Center from Joy Avenue, and he was willing
to bear all costs to pave the street. The Council replied
that the approval on such plans was for a zone change only
and not for street improvement.
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IV. C. Streets & Traffic Committee:
(continued) Willstatter felt a public hearing was needed
on the matter to determine the consensus of the residents
in the vicinity of the Shopping Center which would be affected
by improvements.of Joy Avenue. Mr. Krebs presented a letter
to the Council signed by the two abutting property owners
in favor of such improvements.
Willstatter moved for a public hearing on opening Joy
Avenue; Soderberg seconded. Richard Cottle, attorney for
Mr. Krebs, pointed out he knew of no statute for "opening"
streets. City Attorney Salter noted that part of the land
had been dedicated for street purposes; he would check into
the matter and. get in touch with Mr. Cottie regarding the
legal question.
Willstatter and Soderberg withdrew their motion and second
respectively. The Mayor suggested the matter could be
referred to Committee for further discussion.
Salter noted the Council could hasten action by setting a
date for the public hearing, and he would report to the
Council before that time. Roble noted Mr. Krebs offered
to pay all costs for improvement, and had the adjoining
'property owners approval. Soderberg questioned whether
trucks would be using Joy Avenue and Lit Way on a regular
basis, to which Krebs replied they would simply be light-
weight delivery trucks, with an occasional semi.
Roble moved for a public hearing at the next
Council meeting, to be held on September 28.
seconded; on voice vote, passed unanimously.
adjourned
Conklin
Conklin made the recommendation that the Ashland Automotive
Canter on Main Street be granted a request for a designated
"Delivery Vehicles Only" parking space. The Committee felt
this request was more definitive than "Authorized Vehicles
Only" requested previously. Conklin moved for approval;
Roble seconded~ on voice vote, passed unanimously.
At this time, the Mayor presented his appointments for Council
confirmation to the Ad Hoc Building Code Committee: Darrell
Meyerhauf and B. D. Green, noting there was yet one person to
be appointed (after a chehk). Conklin moved to confirm the appoint-
ments; Willstatter seconded; on voice vote, passed unanimously.
V. COMMbNICATIONS: Oral from the Audience
None.
-S-
VI. COMMUNICATIONS: Written
Willstatter moved to accept the minutes of th'e Ashland Develop-
ment Commission for July 23, 1971 and place them on file.
Soderberg seconded; on voice vote, passed unanimously.
Conklin moved to accept the minutes of the Planning
meeting for August 23, 1971 and place them on file.
seconded; on voice vote, passed unanimously.
Commission
McCannon
VII. SPECIAL AGENDA ITEMS:
A. Unfinished Business: None
B. New & Miscellaneous Business:
A request was presented by Councilwoman Soderberg to send
a formal request from the Council on behalf of the City of
Ashland to the State Highway Commission for a freeway
interchange, and that this matter be placed on the agenda
of the next adjourned meeting for further discussion.
'She stated it had come to public knowledge that an application
for such an interchange had been requested by the City staff.
She'felt the Council should consider the graveness of the
matter: that an item of such importance to the City and to
the people could go unrecorded and the Council kept uninformed.
It was her contention that the Council should adopt a policy
on anything of public concern to'be brought to their attention.
Mrs. Soderberg stated that information that should have been
mare public was made available to a few officials and not to
the general public as a whole.
C~klin noted the request had been denied in June, because the
proposed interchange did not connect to a federally-assisted
roadway.
Soderberg reiterated her request that federal funding for
a freeway interchange and further, a connecting traffic
route for the much-needed access to downtown Ashland and
the college area be requested from the Council. She felt
there would be support from the college, the Chamber of
Commerce, the city Commissions and the public as a whole.
She moved for a spot on the agenda of the adjourned meeting
to be held on September 28; McCannon seconded. The ~ayor
pointed out it was not necessary to made such a motion, but
that it would be considered.
Willstatter objected to "surprises" on the agenda; he wanted
to know why this request could not have been spelled out so
that the rest of the Council would know what they were
considering. He said it would save the Council's time and
not waste it, since they had been through this matter before.
On voice vote, passed, with Conklin dissenting.
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VII .
B. New
2.
& Miscellaneous Business (continued)
A request was made by William Roble for permission to
construct a sidewalk next to the curb on "C" street at
Fourth Street, extending the existing sidewalk at its
present alignment. City Administrator Almquist read the
Ordinance, which states that Council permission must be
granted for a variance in sidewalks located next to the
property line. A field survey indicated there were no
utility obstructions or driveways within the proposed
walk. Roberts moved that the request be granted; Soderberg
seconded; on roll call, passed unanimously (with Roble
reserving his vote).
A request for a Liquor License for packaged beer and wine
by Kacy's Markets in the new Ashland Shopping Center was
read by the City Recorder. He noted the Police Department
had made an investigation of the request and found excellent
references. Willstatter moved to approve the application
to the Oregon State Liquor Control Commission; Conklin
seconded; on roll call, passed unanimously.
C. Ordinances, Resolutions & Contracts
1.' The Ordinance amending the Plumbing Code for the City of
, Ashland had been referred to CommitteebF earlier action.
Almquist gave the first reading of an Ordinance prohibiting
reader boards and changeable copy signs for a period of
sixty days and declaring an emergency. McCannon moved
to pass to a second reading by title only; Soderberg
seconded. Willstatter questioned whether this would affect
reader board signs previously approved by the Council, to
which City Attorney Salter replied it would not prohibit
installing a sign for which Council permission had already
been granted.
On roll call, passed unanimously. Conklin moved for
adoption after reading by title only by Almquist. Will-
statter seconded; on roll call, passed unanimously.
At this point, the Mayor changed the order of the agenda.
Almquist gave the second reading of an Ordinance dispensing
with an election and establishing a Public Hearing for a
proposed annexation (Harry Elmore, et. al., owners).
Conklin moved for a public hearing; McCannon seconded.
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VII .
(continued) Ed McGrew asked what the emergency was in
the Ordinance. The Mayor pointed out the City was not
dispensing with the public vote, just the election--a
public hearing was the question at the moment.
Soderberg opposed the annexation, stating she felt it was
wrong to put a "zoo of families next to an industrial zone".
Willstatter pointed out it was not the Council's position
to set aside any lands in private hands. He also noted
this land was outside the City limits and out of their
jurisdiction anyway.
McGrew questioned the possible strain on sewage facilities.
The Mayor again pointed out the purpose of the public
hearing was to bring up such questions.
Sid Ainsworth brought to the Council's attention the
comprehensive plan which had been adopted showed the area
under discussion for use as high-density population. He
also pointed out that the land's location from McGrew
Brothers operations was a r~asonable distance, since
jthere were offices and yards before any of the real
activity. Mr. Ainsworth then pointed out any steps taken
jby his clients had been in compliance with Council wishes
, (such as the agreement to improve before annexation, thus
coming into the City at a higher tax base)~
Statistics were presented which showed almost 90% of
persons buying homes under $20,000 purchased mobile homes.
Eighty percent of Ashland's residents responded in favor
of mobile home parks on the questionnaire. Mr. Ainsworth
also pointed out the property would have City sewer, water
lines, etd. at practically no cost to the City (because
the developer agreed to pay for all installations and
improvements).
W~llstatter questioned the "instantaneous growth of 150 to
200 residents" due to such a mobile home park. Mrs. Kraus
6f 6950 Old Pacific Highway asked whether the public would
have any voice in the Council decision, and under whose
jurisdiction did the annexation come. Roberrs told her it
was the responsibility of the Ashland City Council.
A question was raised by McCannon as to whether an election
could still be held if a public hearing had been already.
The Mayor said it would be in the powers of the Council to
do so. Roble pointed out the public hearing would be a
guideline for the Council's decision. McCannon pointed
out those usually in favor of something were indi~ferent~o
but the Council heard from those opposed.
On roll call, Roberts, Roble, Conklin and McCannon voted
in favor of a public hearing; Soderberg and Willstatter
were against it. Passed to a public hearing.
At this time, the Mayor called a recess, and Councilman Roberrs
left the meeting.
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VII .
C. 3.
City Administrator Almquist gave the first reading of an
Ordinance amending Ordinance No. 1674, which pertains to
sewer charges and connections, to provide for sewer connections
outside the City limits.
Conklin moved to pass to a second reading; Soderberg
seconded. Willstatter felt the citizens within the City
should be given first priority for hook-up. He felt also
that the City had neutral responsibility only if the
property owner had other means of correcting any situation.
Soderberg presented a letter she had received from County
Sanitarian Ettinger, reporting 20-25 failing systems
outside the City that could have no corrections made
with a reasonable amount of expense unless connection
was allowed to the City lines. (Conditions for such
failing systems included size, shape or slope of the
property; type of soil; high water table; structure of
sub-surface; etc.) She felt the City had an obligation
to provide some sort of health and safety valve for such
situations, and so favored the Ordinance
On roll call, Roble, Soderberg, Cenklin and McCannon were
in favor; Willstatter, opposed; passed to a second reading.
4~
Alm~uist gave the first reading of an Ordinance relating
to garage sale businesses and declaring an emergency.
Soderberg wanted to amend the Ordinance prior to passage
to not restrict the legitimate homeowner--and wanted permits
handled in the same way as a burning permit (that is, to
simply call in to the Police Department and report a sale).
City Attorney Salter stated such an amendment would no
be truly enforceable if requested by telephone. Also, it
would place a great deal of burden on the Police Department
to go out and check on such things. Fire Chief Reed noted
he wasn't sure about the Ordinance on open burning permits,
and that a policy had simply been followed on it for about
the last twenty years.
Chief Hays noted a form for a permit would have to be made,
as well as an application for permit. He wondered if there
would be a fee for such (to cover administrative time).
He also pointed out that an application form and a copy
of the proposed rules covering garage sales could not be
handled by telephone.
Conklin moved for adoption of the Ordinance as read;
Willstatter seconded. Some discussion ensued about the
feasibility of calling in for a permit. It was felt that
the Ordinance was intended for those who practiced
continuing garage sales, and these violations could be
taken care of through other ordinances. Therefore, both
Conklin and Willstatter withdrew their motions. Soderberg
moved to table; Conklin seconded; on roll call, passed
unanimously.
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VII.
C. The
6.
10.
Mayor suggested agenda items be presented as follows:
City Administrator Almquist gave the second reading of an
Ordinance dispensing with an election on the question of
a proposed annexation (Oregon College of Art - Richard Walsh,
owner). Conklin moved for adoption; Soderberg seconded; on
roll call, Cenklin, McCannon, Roble and Soderberg were in
favor; Willstatter opposed. Passed.
City Administrator Almquist gave the first reading of an
Ordinance annexing a contiguous area to the City (Oregon
College of Art). McCannon moved to pass to a second reading;
Conklin seconded; on roll call, passed with Willstatter
dissenting.
A resolution setting a date for a Public Hearing on the
withdrawalof property from the Talent Rural Fire Protection
District and directing notices to be published for the
Oregon College of Art annexation was read by Almquist.
Under suspension of the rules, Conklin moved to pass to a
second reading by title only; McCannon seconded; on roll
call, passed unanimously. HcCannon moved for adoption of
the resolution after second reading by title only; Conklin
seconded. On roll call, passed unanimously.
'Almquist gave the second reading of an Ordinance prohibiting
~peddling on public streets and declaring an emergency.
Conklin moved for adoption; Willstatter seconded. Chief
Hays questioned whether the $7.50 fee was per person or
per application (such as if a "crew" applied), to which
Salter said "per application". On roll call, passed unani-
mously.
The City Administrator read a resolution determining the
length of time that a Loading Zone could be used in the
City (for !S minutes only from 8:30 a.m. to 5:30 p.m.).
UNder suspension of the rules, Conklin moved to pass to a
second reading by title only; Soderberg seconded; on roll
call, passed unanimously. After the second reading by
title only, Willstatter moved for adoption; Conklin seconded;
on roll call, passed unanimously.
Cenklin moved to adjourn the meeting to a study session at
Tuesday, September 28; Soderberg seconded. The meeting was
at 10:15 p.m. subject to the call of the Mayor.
Respectfully submitted,
W. E. Bartelt
City Recorder
/nck
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7:00 p.m. on
adjourned