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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. -2- 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. -4- 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. -6- 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. -7- 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. -8- 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. -9- 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 -10- 7:00 p.m. on adjourned