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HomeMy WebLinkAbout1988-0202 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL February 2, 1988 ROLL CALL Mayor L. Gordon Medaris led the Pledge of Allegiance and called the meeting to order at 7:30 P.M. on the above date in the Council Chambers. Elerath, Reid, Williams, Acklin, Laws and Arnold were present. APPROVAL OF MINUTES Acklin moved to approve the minutes of the regular meeting of January 19, 1988; Reid seconded the motion which passed unanimously on voice vote. PUBLIC HEARINGS: Sale of Property to Croman Corp. City Administrator Almquist reviewed the background of the proposed sale of 49.2 acres of land to Croman Corporation which they presently lease from the City. The City Council previously authorized the sale, an appraisal has been prepared and public hearing notice published in the Daily Tidings. The analysis and interpretationwere read which stated the land had been appraised at $11,000/acre or $541,200 market value in fee simple. The public hearing was opened. A1 Willstatter, 128 Central, said the appraised value should be consider- ed regardless of tax consequence to the buyer. On a question from Elerath, Almquist said the sale price would be between the $266,000 present value subject to lease and the $541,200 market value. Negotiations will continue and Staff will come back with a proposal. There being no further comment from the audience, the public hearing was closed. COMMUNICATIONS, PETITIONS & REMONS~U~NCES: 1987 Water Eric Dittmer, Water Quality Coordinator for the Rogue Quality Report Valley Council of Govt's., gave the annual water quality report focusing on sediment and fecal bacter- ia in area creeks. He noted that Ashland Creek was the cleanest and no increase in sediment levels had been noted in Bear Creek below Ashland because of sluicing, due to the construction of the settling pond. He appreciated the cooperation of City staff in the sluicing operation, and the continuing support of the Water Quality Program. On a question from Laws concerning adequacy of the pond in future sluicing operations, Dittmer said it would be used with possible adjustments to time of year or perhaps not sluicing every year. 2/2/88 P. 1 R~ular Meeting Ashland City Council 2/2/88 ~ 2 COMMUNICATIONS, PETITIONS & REMONSTRANCES: (Continued) State Ballet Almquist recommended this item be referred to the Request for Funds Budget Committee. The Council agreed. No action taken. Set Public Hg. Appeal of P.A. ~88-002 Almquist reported that a public hearing notice had been published setting the public hearing for the regular meeting of February 16, 1988 at 7:30 P.M. action taken. No Liquor License App. Cooks Tavern A memo from Vic Lively, Police Chief, was read recommending approval of an application for Change of Ownership for Cooks Tavern, 66 East Main St. The property taxes were paid current. Williams moved to approve the application; Acklin seconded the motion which passed unanimously on voice vote. A.P.A.C. Request for Funds The Ashland Performing Arts Center's request for funds for promotional purposes had been withdrawn by the applicant. No action taken. UNFINISHED BUSINESS: Liquor License Review Process City Attorney Ron Salter reviewed his memo and said a possible solution would be to review the financial ability of the applicant, but only if same was owner of the property. Reid did not feel comfortable with this and would rather drop the policy. Mayor Medaris hoped the League of Oregon Cities would take action through the Legislature. Elerath said reasons should be used which the OLCC would pay attention to. Laws would rather not get into the financial stability of the applicants. Acklin felt OLCC endorses non-payment of property taxes by business owners and Council will have to rubber stamp applications. Acklin moved to amend the ordinance striking the relevant clause; Laws seconded the motion which passed unanimously on voice vote. Liquor License The Bushes Scott Bushnell, of The Bushes, 1474 Siskiyou, said his application had been tabled previously and would like Council to endorse it. Acklin moved to place the item on the agenda; Reid seconded the motion which passed unanimously on voice vote. Harry Kruse of the Grace Lutheran Church, opposed approval due to the proximity of the College and Lutheran Church, which will be opening a pre-school in the Fall and a day care center later. Reid asked if there had been problems with other licensees adjacent to the College; the Police Chief said no. Bushnell noted his license is restric- ted to serving beer/wine with meals only and until 2/2/88 P. 2 P~ular Meeting Ashland City Council 2/2/88 UNFINISBRD BUSINESS: Liquor License The Bushes Albertson Annex. First Reading-Ord. (Continued) 10:00 P.M. Laws recommended approval of license; Williams seconded the motion which passed unani- mously on voice vote. Almquist said pending licenses will be placed on next Council agenda. Councilor Laws moved to reconsider the previous vote on this item, Acklin seconded the motion which passed as follows: Elerath, Reid and Arnold, NO; Williams, Acklin and Laws, YES. Mayor Medaris broke the tie with a YES vote. Acklin noted applicant may appeal to the Land Use Board of Appeals and in light of our Comprehensive Plan, which states need for this type of zoning, and the Beck Report concerning water availability, we would probably not win. Reid felt City had a right to deny because of the narrow street and no pedestrian access. Planning Director Fregonese said State Law prohibits City from denying building permit unless a shortage of utilities like water, sewer, etc. exists. He further explained there is a need for this type of housing and the property was zoned R-1-3.5 in the 1983 revision of the Comp. Plan. Reid said Clay St. is not adequate for family developments. Acklin noted the developer had been required to sign in favor of improvements and provide granite walkway for pedestrians. Williams moved to second reading; Laws seconded the motion which passed as follows on roll call vote: Reid, Arnold and Elerath, NO; Williams, Acklin and Laws, YES. Mayor Medaris broke the tie with a YES vote. Withdrawing Propty. from J.C.F.D. 5 (Albertson Annex.) First reading of an ordinance withdrawing certain property from Jackson Co. Fire Dist. No. 5. Laws moved to second reading; Acklin seconded the motion which passed on roll call vote as follows: Williams, Acklin and Laws, YES; Arnold, Elerath and Reid, NO. Mayor Medaris broke the tie with a YES vote. Rezone to R-1-3.5 (Albertson Annex.) First reading of an ordinance re-zoning certain recently annexed property from Jackson County RR-5 to City of Ashland R-1-3.5. Acklin moved to second reading; Williams seconded the motion which passed on roll call vote as follows: Acklin, Laws and Williams, YES; Arnold, Elerath and Reid, NO. Mayor Medaris broke the tie with a YES vote. 2/2/88 P. 3 oo~ular Meeting Ashland City Council 2/2/88 ~.__4 NEW & MISCELLANEOUS BUSINESS: Woodburning Adv. It was noted that the Planning Commission recommended passage of the Resolution. Dick Wanderscheid, Energy Conservation Coord., told of article in Daily Tidings which prompted writing the resolution in support of the woodburning advisory. He noted the Council has strongly supported the advisory, and the City placed inserts in utility bills asking for voluntary compliance. The resolution was read and Reid moved to adopt; Williams seconded the motion. Elerath felt more positive action should be taken, the resolution was not strong enough. Marcie L. Mizerak, 1026 Henry St., read a letter she'd written to the editor in favor of the woodburning advisory. Laws reported on appointment of a County woodburning task force to make recommendations to the State Implementation Plan on a strategy for resolving the area's particulate smoke problem, which will result in Ashland being required to pass an ordinance prohibiting woodburning on air advisory days. Elerath will research programs from other cities. On roll call vote the Resolution passed as follows: Elerath, NO; Reid, Williams, Acklin, Laws and Arnold, YES. (Ref. Reso. ~88-08) Ashland Downtown Plan - Draft Planning Director John Fregonese presented the high- lights of the "Draft Downtown Plan" which includes long-range plans for pedestrian facilities, land- scaping, works of art, benches etc., and parking in the outer areas of downtown. The Planning Commission had requested a joint study session with the City Council which was then set for February 17, 1988 at 7:30 P.M. in the Council Chambers. Fire Equipt. for Guanajuato City Administrator Almquist reviewed the previous request from Guanajuato's Volunteer Fire Department for used equipment, and said other area fire departments had donated to the cause. The local service clubs will pay to transport the equipment to Guanajuato. Willjams moved to authorize shipment of the equipment; Reid seconded the motion which passed unanimously on voice vote. Historic Comm. Appointment Almquist read a letter of interest from Joyce Ward and reported that she had been attending Historic Commission meetings. Reid moved to approve the appointment; Elerath seconded the motion which passed unanimously on voice vote. Pioneer (Legion) Bldg. Renovation A memo was read from Administration Almquist request- ing authorization to begin the bid process for the restoration and expansion of the Pioneer (Legion) 2/2/88 P. 4 R~ular Meeting Ashland City Council 2/2/88 9. 5 NEW & MISCELLANEOUS BUSINESS: (Continued) Pioneer Bldg. Building at 61 Winburn Way for community use. He noted this was one of the Council's goals for 1988. Reid moved to approve the request; Acklin seconded the motion which passed unanimously on voice vote. Mayor Medaris left the room at 9:16 and returned at 9:20. Councilor Laws ran the meeting in the interim. PUBLIC FORUM: Alcohol Outlets Andy Running, 1325 Greenmeadows, presented a poster he prepared concerning the percentage of various crimes where alcohol was a factor. He is opposed to an increase in alcohol outlets in Ashland. There being no further business from the audience, the public hearing was closed. ORDINANCES, RESOLUTIONS & CON~ACTS: One & Two-Family Second reading by title only of an ordinance adopting Dwelling Code a one and two-family dwelling code. Elerath asked for an explanation and Almquist said it is State mandated and puts requirements for these types of dwellings in one place making it easier for builders to use than the Uniform Building Code. Acklin moved to adopt the ordinance; Elerath seconded the motion, which passed unanimously on roll call vote. (Ref. Ord. No. 2441) Building Code Amendments Second reading by title only of an ordinance amending the Building Code. Acklin moved to adopt same; Laws seconded the motion which passed unanimously on roll call vote. (Ref. Ord. No. 2442) Weatherization Contract Amend. A resolution was read amending the weatherization contract with B.P.A. concerning mitigation of radon problems in homes. Arnold moved to adopt the reso- lution; Acklin seconded the motion which passed unanimously on roll call vote. (Ref. Reso. ~88-09) Lease Renewal Civil Air Patrol City Admin. Almquist reported that the lease had been reviewed and approved by A1 Alsing, Ron Salter and the Airport Commission. Laws moved to authorize the Mayor and City Recorder to execute the lease agree- ment; Arnold seconded the motion which passed unani- mously on roll call vote. OTHER BUSINESS FROM CO~CIL MEMBERS: Historic Signs Reid said she was opposed to use of vinyl or plastic signs in the Historic District, referring to a memo from Steve Hall, Director of Public Works, and would rather traditional signs be used. It was agreed that a sample of the proposed sign would be presented at the next meeting. ADJOURNMENT Nan E. 'Frahklin City Recorder The meeting adjourned at 9:30 P.M. L. Gordon Medaris Mayor 2/2/88 P. 5