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HomeMy WebLinkAbout1972-0606 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL JUNE 6, 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, Ashland City Hall, by Mayor Charles McKeen. All Council members were present. II. APPROVAL OF MINUTES: Willstatter requested that the last sentence in Item 1 on Page 4 (regarding annexation) be changed to read "...he was traditionally opposed to annexation because he felt the City had a moral obligation to citizens within the City limits; until such time as they could be given adequate service, the Council should not look at annexation." Roble moved that the minutes be approved as amended; Roberrs seconded; on voice vote, passed unanimously. III . STANDING COMMITTEE REPORTS: A. Public Service Committee: None B. Streets & Traffic Committee: 1. Soderberg told the Council that the Streets & Traffic Committee had received a request from the Plaza merchants to limit parking to one hour in the Plaza area, and to extend the hours of limitation to 8:00 p.m. She then moved that the staff be instructed to prepare the necessary Ordinance; Conklin seconded; on voice vote, passed unanimously. 2o City Administrator Almquist read a letter in reply to one sent by Willstatter to the County. The letter stated in part "...the County has placed $7,500 in the General Road budget for the improvement of Oak Street by widening and paving from Bear Creek to the City limits." Soderberg felt the letter was a fine response from the County and that the City was looking forward to having Oak Street completed. 3. Almquist read a letter from the Oregon State Highway Division relative to construction of bikeways along Siskiyou Boulevard. Cost estimates for City responsibilities (signing, striping, lighting and maintenance) amount to $341.60; Soderberg then moved that this money be expended out of Ashland's share of bikeway funds received from the gas tax, and that the Mayor and Recorder be authorized to sign the agreement with the Oregon State Highway Division; Conklin seconded, noting there was between $6,000 and $7,000 available; on voice vote, passed unanimously. At this time, Roble reported that expenses incurred for the Student Awards Banquet totalled $346, under the $375 allocated. He thanked those who assisted in the program; the Mayor referred the matter of continuing the program next year to the Public Service Committee. The Mayor also gave recognition to the School Crossing Guards for their service during the year. -1- R ar Meeting Ashland City Council June IV. COMMUNICATIONS: Oral from the Audience Concerning Business Not Included on the Agenda Wm. Gaboury presented comments from a group of citizens opposed to the Viet Nam war, in response to a telegram sent by Mayor McKeen in support of the President's foreign policy. Conklin asked to be excused from the Council Chambers. Mr. Gaboury then read a proclama- tion establishing a "...free City of Ashland and a moral separation from the City." Another person requested that the Council take positive action calling for an immediate cease to involvement in the Indochina war. Clayton Klein expressed his opinions on the forms of democracy, and Jim Jacobs (a Viet Nam veteran) also spoke. Mayor McKeen stated that persons in a democracy had the right to express their opinions at any time; and, even though they might not agree with those viewpoints, the Council was there to listen if it pertained to City business. McKeen expressed his hope that similar interest would be taken inCity affairs. He then closed this portion of the agenda to proceed with the scheduled public hearings, and Conklin returned. NEW 1. & MISCELLANEOUS BUSINESS: Public Hearings: The Mayor opened a public hearing at 7:40 p.m. to consider street improvements for Clay Street, from Mohawk Street to the south City limits. Bernard Binder of 1927 Crestview Drive had several questions on street improvements in general. Alsing replied that each street was designed specifically for the particular type of soil in the area, thus different costs for different streets; and the County designates certain arterials within the City that are now County roads; these must be brought up to standard before taken into the City--only those roads designated qualify for financing under the City/County arterial program. Mr. Alsing also noted that actual paving for this area was scheduled for late August, and that street crews make every effort to keep the streets open as much as possible, with only a couple of days wherein the residents would be asked not to use them. Almquist noted that 91% of the front footage owners signed the petition for improvements. McCannon moved that the staff be instructed to draw up the necessary ordinance to implement street improvement; Soderberg seconded. Mr. Binder stated he was in opposition to the basic policy of financing such improvements; since the streets were City property, he felt the property owners should not be assessed. On roll call, motion carried unanimously to draw up an Ordinance. A public hearing was called at 7:45 p.m. to consider street improvements for Coventry Place, from Glendower Street westerly approximately 110 feet; it was noted that 100% signed the petition. Conklin moved that the staff be instructed to draw up the Ordinance; Willstatter seconded; on roll call, passed unanimously. -2- lar Meeting Ashland City Council June VI. 1. (continued) A public hearing was held at 7:50 p.m. to consider street improvements for Linda Avenue, from Mohawk Street to Crestview Drive, for which 88% had signed the petition. McCannon moved that the staff be directed to draw up the necessary Ordinance; Conklin seconded; on roll call, passed unanimously. A public hearing was held at 7:S5 p.m. to consider street improvements for Crestview Drive, from Park Street to the City limits. City Administrator Almquist presented a map to the Council depicting the 58% signing the petition for street improve- ments. Mr. Binder questioned whether utilities would be under- grounded at the same time; Alsing noted this would be a budget matter and that there were no plans for such presently. In answer to Mrs. Bird, City Attorney Salter noted that anyone living outside the City limits, even though benefitted by street improvements, could not be forced to pay the assessment, since the City lacked jurisdiction. Roble moved that the staff be instructed to draw up the necessary Ordinance; Roberts seconded; on roll call, passed unanimously. The Mayor then opened the public hearing on the annual budget for the 1972-73 fiscal year at 8:00 p.m. City Administrator Almquist read the budget message, and Finance Director Nelson noted the budget had been amended to reflect a bridge for Nevada Street, in accord with the recommendation from the Citizens Budget Committee. Almquist then read a letter from the Chamber of Commerce asking for financial support; he suggested this could be deferred until the decision on allocation of the Planning Commission funds was made. McCannon brought up the matter of a donation to the Rogue Valley tion, again presented their request for establish a drop-in center for senior citizens in Ashland. There was some discussion regarding the various services offered, and Mrs. Carolyn Murphy, director of the "Meals on Wheels" program for Ashland, gave a brief description of their program. Stu Atkinson of the RVCA felt there would be no duplication of services, since meals were just one of the many programs offered. Conklin suggested the Parks & Recreation Commission be contacted, since some social and recreational activities for senior citizens were proposed. Further aiscussion ensued regarding the various programs and services in the community. In reply to a question from Soderberg, Finance Director Nelson stated that a recent survey did not reveal any new revenues, and he recommended that (if the RVCA appropriation is to be added) either the Operating Contingency should be reduced or some reduction in departmental programs should be made. Roberts felt that, basically, the City does have some responsibility for the elderly, but that the matter of the various programs and the drop-in center should be referred to the Public Service Committee; Conklin so moved; Roble seconded. It was pointed -3- _ar Meeting Ashland City Council June 6,197. VI. 1. (continued) out that the Rogue Valley Council on Aging was already committed to serving Ashland, since it was a county- wide program; however, they felt a drop-in center was essential to providing better service to the elderly here. On roll call, passed unanimously to refer the matter to committee. City Administrator Almquist noted that a transfer of funds could be done at any time during the year and would not involve further budget hearings. After a brief recess, Roberts moved that the Council approve the annual budget for fiscal year 1972-73 as submitted by the Citizens Budget Committee: Conklin seconded. Willstatter stated "...it's great to see a balanced budget, but I find several mis- placed priorities; I'm therefore forced to vote no." City Administrator Almquist gave the first reading of the Ordinance adopting the Annual budget, making appropriations and levying taxes for the period of July 1, 1972 to and including June 30, 1973, such taxes inthe sum of $26S,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 therein, and declaring an emergency. Conklin moved that the Ordinance be passed to a second reading; McCannon seconded; on roll call, passed with Willstatter dissenting. At this time, Larry Brown questioned the method of financing by transfer from the Utility Fund, and requested that such funds be identified as a tax so that persons could declare it on their income tax returns. The Mayor stated such issues had been dis- cussed during the past year and previous times; since there was considerable doubt the Internal Revenue Service would accept such a "tax", it was not identified that way. McCannon pointed out that 78% of the persons answering the questionnaire preferred this method of revenue over property tax increases. After further discussion, Soderberg moved that the matter of a Utility User's Tax be referred to the Finance & Property Committee (now the whole Council) at some future time. Conklin pointed out this had already been discussed at length and he could see nothing to be gained by further discussion. McCannon seconded for discussion. On roll call, YES - McCannon and Soderberg; NO Roberts, Roble, Willstatter and Conklin. The Public Hearings being closed, the Mayor returned to the agenda order. V. COMMUNICATIONS: Written Willstatter questioned two items in the minutes of the Hospital Board meeting: (1) installation of a chain link fence; and (2) purchase of land immediately below the Hospital. Roble, Council liaison to the Hospital Board, explained the Board was asking for Council approval for such actions, and pointed out -4- ~ ar Meeting Ashland City Council June 6, 195 1. (continued) the installation of the fence was for the protection of the hospital (citing the runaway car that crashed into a patient's room recently). Roble also noted that all action taken by the Hospital Board was subject to Council approval in any case. Willstatter questioned whether bids were called for the f6~ce. Soderberg moved that the minutes of the Hospital Board meeting of May 19, 1972 be accepted and placed on file; Roble seconded; on voice vote, passed unanimously. 2. City Administrator Almquist read a memorandum relative to the completion of the EDA/OSFA project. No council action necessary. 3. Almquist presented a petition from property owners for the vacation of an unopened street located southerly of Siskiyou Boulevard between Clay Street and Bellview Avenue. He noted this petition was for the balance of the street to be vacated, and was in excess of two-thirds of the affected area, but not 100% of the abutting property owners. City Attorney Salter rendered the opinion that the cost for attorney's fees could be more than damages to any property owner for vacating an unopened street. Roberrs moved that the public hearing be set for July 18, 1972 at 8:00 p.m.; Roble seconded. Soderberg asked to be excused from voting, as she owned property in the area. After no objections, the Mayor excused her. On roll call, passed unanimously to set a public hearing. 4. The City Administrator read a petition from 100% of property owners abutting an alley located between Woodland Drive and Elms Street, east of Leonard Street. Conklin moved that a public hearing be set for July 18, 1972 at 8:15 p.m.; McCannon seconded; on roll call, passed unanimously. 5. Almquist read a letter from Mr. Larry Ruth requesting withdrawal of a petition for Zone Change No. 35 for property situated on Normal Avenue. No council action was necessary. 6. The City Administrator read a petition from property owners on Clover Lane requesting the removal of a nuisance building behind the Standard Oil Station at 2500 Highway 66. Conklin noted, from the evening paper, that the owner stated his intentions to remove the building. City Attorney Salter said that, to declare a public nuisance, the Council would have to schedule a Public Hearing and give proper notices. Roberts felt the staff could handle the matter in light of the owners plans to remove it; McCannon so moved; Soderberg seconded; on voice vote, passed unanimously. 7. Director of Finance Nelson read a memo requesting that the Water Division Capital Outlay budget be overrun by not more than $12,000. Willstatter questioned whether the City Attorney had checked the O.R.S. section quoted in the memo, to which Salter replied he left the finance matters up to the Finance Director, as was his usual practice. Roberrs felt this was a housekeeping -5- r lar Meeting Ashland City Council June 6, 19 V. 7. VI. (continued) matter, and moved to authorize the request; Soderberg seconded. On roll call, passed unanimously, with Willstatter's YES vote contingent upon the City Attorney's approval. NEW & MISCELLANEOUS BUSINESS (continued): 2. A canvass of votes was taken and proclamation read concerning the election held on May 23, 1972 for certain amendments to the Charter of the City of Ashland. Conklin moved that the Mayor be authorized to sign the proclamation; Roble seconded. Willstatter asked to be excused from voting, as he was still waiting for a reply from the State Attorney General on the validity of the City Charter; after no objections, the Mayor excused him. On roll call, motion passed unanimously. 3. After brief discussion, McCannon moved that the Council approve the proposed Master Plan of Land Use for Jackson County with regard to the Ashland-Pinehurst area; Conklin seconded. Soderberg felt the proposed County plan was not compatible with Ashland's Comprehensive Plan and that, in the event of federal funding on a project, any conflict could cause problems. She felt the motion should carry some endorsement, and moved that the Council approve the proposed Master Plan with a statement that Ashland has adopted a Comprehensive Plan which is in the process of being updated, and that approval of the Master Plan was contingent upon recognition of Ashland's plan. Roberts seconded. Some discussion ensued regarding annexation. On roll call, passed with Conklin and Willstatter dissenting to the amendment. On roll call, original motion passed with Willstatter and Conklin dissenting. 4. An application for a new Class C Liquor License for Richard Smith at 180 "C" Street (Friar Tuck's) was presented. City Administrator Almquist read a memo from Chief of Police Hays, who stated there was no reason for disapproval after a back- ground check, but requested that the Council carefully consider each new application and type of license proposed. Willstatter pointed out the Oregon Liquor Control Commission would not necessarily grant the application, even if approved to them by the City Council. Conklin moved that the application be approved to the OLCC; Roble seconded. Mr. Richard Smith informed the Council he had contacted just about everyone in the downtown area and found no objections to the location. Adequate parking for off- and on-street was also provided. 5. An application for a new Class RB Liquor License from Brent Hicks at 268 E. Main Street (The Monastery) was presented. Willstatter felt there was not sufficient parking; Hays felt there were already enough outlets in the area. Some council members questioned the proviaion for dancing. Conklin moved to deny the application; Willstatter seconded; on roll call, passed unanimously to deny. -6- F ~ar Meeting Ashland City Council June 6, VI. NEW 7. & MISCELLANEOUS BUSINESS (continued): An application for a Class PB Liquor License for John and Rosemary Ralston at 10 Guanajuato Way (Cheshire Cat Cheese Shop) was presented. Mr. Ralston asked that the Council interpret the Ordinance, since he had been infome~ by the Police Dept. that persons leaving the shop with any beer or wine would be subject to arrest for taking alcoholic beverages into the park (since the shop faced the Lithia Park extension). Ralston felt the ordinance was discriminatory to shops opening there. After some further discussion, Soderberg mvoed that the matter be referred to the Public Service Committee to look into the Ordinance, and make a recommendation on the application for a Liquor License; Roble seconded; on voice vote, passed unanimously. City Administrator Almquist presented a sign variance request for the Cheshire Cat Cheese Shop, noting that the ordinance provided for a variance in cases of hardship. The sign presently could not be seen from the street or the park, and it was requested to simply move it out to the corner of the building. Roble moved that the variance be granted; Willstatter seconded; on roll call, passed unanimously. The City Administrator read a report from the Planning Commission recommending denial of the request for annexation by R. F. Corallo for property situated north of Nevada Street, westerly of Ashland Creek, for use as a 69-unit mobile home park. Mr. Corallo felt there was no odor problem, as was the consensus of the Planning Commission. Conklin questioned whether any provision had been made for widening the amount of land to be dedicated to the Bear Creek park extension, to which Corallo noted the area near the proposed annexation was planned for bicycle and foot paths only at the present time, but he would be willing to work out whatever was necessary. McCannon pointed out that this annexation would create an island within the City limits, since Mr. Williams was not willing to also annex at this time. He questioned what kind of buffer zone would be used between the mobile home park and the sewage treatment plant. Both Alsing and Hays stated complaints had been received many times regarding the odor, especially on the easterly side of the treatment plant where the mobile park was proposed. There was some discussion regarding building in the area and the island created by the proposed annexation. Roberts moved that the Council uphold the recommendation of the Planning Commission and deny the request for annexation; Willstatter seconded. City Attorney Salter no~ed there were cases where a problem existed only after residences were established, and the court decided in favor of them even though the facility were there first. On roll call, passed with Roble dissenting. -7- lar Meeting Ashland City Council June 6, 19~_ VII . ORDINANCES, RESOLUTIONS 1. 2. & CONTRACTS: The budget ordinance was read earlier in the meeting. The reading of an Ordinance on underground utilities was deferred until a more convenient time, since the Electric Superintendent was out trouble-shooting the storm and was not present. The Mayor read the title of an Ordinance amending Ordinance No. 1721 by adding wall and landscaping standards to the design requirements for parking areas, and declaring an emergency. Conklin moved for adoption; Roberrs seconded; on roll call, passed with Soderberg dissenting. The Mayor read the title of an Ordinance amending Ordinance No. 1361, the Zoning Ordinance for the City of Ashland, to rezone certain property from R-i:B-8 (single-family residential) to R-3:2.4 (multiple-family residential) at 1850 Fremont Street (Mr. Larry Ruth, applicant). Conklin moved for adoption; McCannon seconded; on roll call, passed unanimously. The Mayor read the title of an Ordinance amending Ordinance No. 1361, the Zoning Ordinance for the City of Ashland, to rezone certain property from R-I:B-8 (single-family residential) to R-3:1.2 (multiple-family residential) at 368 Bridge Street (Tau Kappa Epsilon, Inc. applicant). McCannon moved for adoption; Conklin seconded; on roll call, passed unanimously. The Mayor read the title of an Ordinance amending Ordinance No. 1578, as amended by Ordinances No. 1587,'1704 and 1718, which concerns parking limitations in the City of Ashland, and declaring an emergency. Conklin moved for adoption; Willstatter seconded; on roll call, passed unanimously. The City Administrator read a resolution authorizing the sub- mission of a Preliminary Application for Requesting Federal Assistance for Public Works and Facility-Type Projects in connection with the proposed expansion of the Sewage Treatment Plant, and authorizing the City Administrator to act as program agent. He also read a draft of a letter to the Department of Environmental Quality, outlining the construction program in general terms and making certain stipulations for federal funding. Almquist noted that there would be no new tax levy for the expansion of the sewage treatment plant, since it would be funded with 33% from the Environmental Protection Agency (EPA) Z?% from the Economic Development Administration (EDA), with the remaining 40% from user fees. Willstatter stated that, since the 60% federal participation could not be guaranteed, the Council should wait to go to the voters for a bond election. Almquist stated there was a bill pending in Congress establishing the minimum federal assistance level at 60%. Conklin moved for adoption of the resolution; Roble seconded; on roll call, passed with Willstatter dissenting. -8- lar Meeting Ashland City Council June 6, 19~ VII. ORDINANCES, RESOLUTIONS 8. An agreement with W. 10. & CONTRACTS (continued): R. & R. G. Pierson relative to discontinu- ance of an improper sewer connection was presented. City Attorney Salter explained the background, noting that three connects had been made instead' ofone outside the City limits. Conklin moved that the Mayor and Recorder be authorized to sign the agreement; Willstatter seconded; on roll call, passed unanimously. An agreement with Jackson County for boarding prisoners in the Jackson County jail was presented. This raised the daily rate from $2.00 to $5.00 per day. Conklin moved that the Mayor and Recorder be authorized to sign the agreement; Soderberg seconded; on roll call, passed unanimously. The agreement with the State Highway Division was acted upon earlier in the meeting. Conklin moved for adjournment; Roberts business, the meeting was adjourned at of the Mayor. seconded. There being no further 11:50 p.m., subject to the call Respectfully submitted, /nck Robert D. Nelson Acting City Recorder -9-