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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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
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