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HomeMy WebLinkAbout1988-0607 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL June 7, 1988 ROLL CALL APPROVAL OF MINUTES SPECIAL PRESENTATIONS: Visitors to G.T.O. Flag Day Celebration PUBLIC HEARINGS: Floodplain Bldg. Moratorium 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, and Laws were present. Councilor Arnold was absent. Acklin moved to approve the minutes of the regular meeting of May 17, 1988; Williams seconded the motion which passed unanimously on voice vote. Grace Tapp Kocks introduced the City's representatives to Guanajuato's "Presa de la Olla" celebration this year, and gave a brief overview of the activities during that week in June. Jennifer Donnelly and Jodi McFall expressed their appreciation for the opportunity to travel to Mexico. Mayor Medaris read a proclamation designating June 14 as "Flag Day" and told of the program in Lithia Park which will begin at 2:00 P.M. and conclude with the "Pledge to the Flag" at 4:00 P.M. Planning Director John Fregonese said the 1970 FEMA study did not give enough consideration to the history of Ashland Creek flooding. He requested that his memo which explained floodplains be made a part of the record. He showed slides of the areas which flooded in 1974 which were not in the 100-year flood plain and said the Government will not pay for repairs to damaged City services in the floodplain. Fregonese proposed that a moratorium be placed on building habitable structures for 120 days while historic and geologic evidence is obtained by the Rogue Valley Council of Governments. The public hearing was opened. Ron Thurner, 1170 Bellview, agreed with the 120 day moratorium, and requested that Clay Creek be included and an on-site geologic analysis of Ashland, Bear, and Clay Creeks be done, and a public hearing held, before the final report is issued. 6/7/88 P. 1 Regular Meeting Ashland City Council 6/7/88 P. ~ PUBLIC HEARINGS: Floodplain Bldg. Moratorium (Continued) Neil Benson, 363 N. Laurel, said the watershed has unstable soils and a major flood could happen again, as occurred in 1974. Sue Haskell, 622 Helman, agreed with proper studies being done of the floodplain area of Ashland Creek, and with implementation of the proposed strategy. Bob Jones, 725 N. Laurel, suggested a geological study be done of all flooding areas of Ashland, and FEMA be notified of these areas. There being no further comment from the audience, the public hearing was closed. Fregonese requested the following amendment to the ordinance implementing the moratorium: Section 4, line 3 should read "in Section 3", instead of "in Section 2"; and the following words added to the end of the first line in Section 5: "...Planning Actions which would permit habitable structures within the areas defined in Section 3 of this Ordinance ...". Reid asked why Clay Creek was not included in the study. Fregonese said Clay Cr. and others were special areas where it is not permitted to fill or culvert within five vertical feet of the creek area; it is contained in a tight channel, and the Planning Commission has restricted building in this area. The ordinance was read and Elerath asked that Section 2, line five be amended to read as follows: "develop- ment or eliminate flood problems in areas ...". Acklin is concerned with leaving Clay Cr. out and feels that development in that area should be treated judiciously until a policy and procedures can be developed. Reid moved the ordinance to second readi'ng~ Williams seconded the motion which passed unanimously on roll call vote. Laws moved to adopt the Findings; Reid seconded the motion which passed unanimously on roll call vote. COMMUNICATIONS, PETITIONS & REMONSTRANCES: Set P.H. on P.A. A letter was read from George Cota, appealing a No. 88-037 condition attached to the approval of an apartment complex at 667 Park St. The public hearing was set for June 21, 1988 at 7:30 P.M. Release of Cap. Impr. Funds - ACH A letter was read from Ashland Community Hospital requesting the release of Capital Improvement Funds in the amount of $160,000. Acklin moved to grant the request; Reid seconded the motion which passed unanimously on voice vote. 6/7/88 P. 2 Regular Meeting Ashland City Council 6/7/88 P. ~ COMMUNICATIONS, PETITIONS & REMONSTRANCES: Transf. of Appropr. Hospital Fund - (Continued) A letter was read from Jim Watson, Dir. of Ashland Community Hospital, which explained the reasons for the request for a transfer of appropriations within the Hospital fund. The resolution was read, and on a question from Laws, Watson said costs associated with AIDS are rising because more supplies are necessary for the safety of Hospital personnel. Acklin moved to adopt the resolution; Elerath seconded the motion which passed unanimously on roll call vote. (Ref. Reso. No. 88-19) L.O.C. Regional Meeting - Medford A letter was received from the League of Oregon Cities concerning a Regional Meeting to be held in Medford on July 6, 1988 from 10:00 a.m. to 4:00 p.m. City Administrator Almquist requested Council members to call him if they wished to attend. Street Closure Request A letter was received from Siskiyou Wheelmen requesting permission to close portions of Winburn Way, Nutley, and Granite Streets for their Annual Ashland Stage Race. Almquist said Staff recommends approval with same conditions as last year. Reid moved to approve the request; Laws seconded the motion. It passed unanimously on voice vote. Highway 99 N. Lighting A response was received from Jackson Co. concerning lighting on Highway 99 from North of the City limits to Valley View Road which said it is the responsibi- lity of either the State or business owners. Laws suggested a letter be written to the State and it was agreed that Staff would do so. R.V.T.D. Levy A letter was read from Toni Van Deusen, 1709 Woodlawn Dr., Medford, on behalf of the Friends of the Rogue Transit District, concerning a presentation on a three-year serial levy for construction of a new Transfer Center in downtown Medford. Steve Hauck asked that the presentation be delayed to the June 21, 1988 meeting. Y.M.C.A. Request A request from the YMCA for the waiver of building permit fees was delayed until the next meeting. UNFINISHED BUSINESS: N. Mountain Ave. Paving Estimate Almquist gave the background and reviewed the estimated costs submitted by the Engineering Division. The estimate for asphalt paving on N. Mountain from the end of existing pavement to Hersey St. and on Hersey from N. Mountain to Ann St., by contract, is $49,727.50. Laws noted upkeep of the street would be cheaper with paving and would like to commence with the project and delay overlaying some of the other 6/7/88 P. 3 Rec %r Meeting Ashland City Council 6/7/88 P UNFINISHED BUSINESS: N. Mountain Ave. Paving (Continued) streets. Almquist said the estimate is getting close to the $50,000 limitation, and is concerned about delaying the resurfacing program. Public Works Director Hall recommended doing the project over a 2-3 year period, because rehabilitation of the other streets would be more costly than doing the mainten- ance when necessary. Bob Johnson, a resident of N. Mountain Ave., asked about the previous proposal to request help from Jackson Co. for the paving of the section in the County. Reid moved to pave the corner at the end of the existing pavement, 250 feet, the first year, down to Hersey Street the second year, and pave Hersey Street from the intersection of Mountain Ave. up to Ann Street the third year. The motion also included requesting the County to provide plans for paving the upper section of Mountain Avenue. Laws seconded the motion which passed unanimously on voice vote. EXECUTIVE SESSION: The meeting adjourned to Executive Session at 9:04 P.M. under authority or O.R.S. 192.660(1)(h). The regular meeting re-convened with Council Chairman Laws presiding at 9:22 P.M. NEW & MISCELLANEOUS BUSINESS: A.P.A.C. Report A recommendation was received from the Ashland Performing Arts Center ad hoc Committee. Councilor Acklin said the opinion from Portland Attorney Howard Rankin had been received just hours before the meeting, and it would be unwise to act hastily on the matter. She proposed holding a public hearing on July Set Public Hg. 5, 1988, and so moved. Reid seconded the motion. On a question from Elerath, Salter said he had made the Rankin opinion public. The motion passed unanimously on voice vote. Almquist said copies of the opinion would be available at City Hall. Amendments to Land-use Hearing Rules, Resol. A resolution was read which amends the land-use hearing rules proposed by the Planning Commission. Acklin moved to adopt same, Williams seconded the motion which passed unanimously on roll call vote. (Ref. Reso. ~88-20) Set Public Hg. Annexation on Ashl. Mine Rd. A request was received from the Planning Commission to hold a public hearing on P.A. #88-016, a proposed annexation on Ashland Mine Road. The hearing was set for July 19, 1988, due to the APAC public hearing set for July 5, 1988. 6/7/88 P. 4 R~.gular Meeting Ashland City Council 6/7/88 P. ~ NEW & MISCELLANEOUS BUSINESS: T-hangar Constr. Ashland Airport (Continued) A memo was read from the Airport Commission requesting permission to solicit proposals for construction of a private T-hangar at the Ashland Airport. Williams moved to grant the request, Reid seconded the motion. On a question from Acklin about funding, Almquist said it would be privately funded and would eventually revert back to the City. The motion passed unanimously on voice vote. Rate Increase - Oak Knoll G.C. A memo from Lee Howard, Golf Committee Chairman, was read recommending approval of the proposed increase requested by Oak Knoll Golf Course, with the exception of the 9-hole weekday fee which shall be $6.00 instead of the proposed $7.00. Tom Garson, 496 Carol Street, said the golf course does not accept credit cards and feels this should be looked into. Almquist said the City cannot insist they be accepted but will pass the idea on to Buddy Sullivan at Oak Knoll G.C. Acklin asked that a clause be added whereby the City retains the right to increase fees if they fall below the market price. Almquist said the committee could look into it and bring back a report. He also stated the established fees will give a reasonable rate of return over the next five years. Acklin moved to approve the recommendation and have the Committee look into the City retaining the right to increase fees, Williams seconded the motion which passed unanimously on voice vote. Traffic Safety Comm. Recommen- dations A memo was read from the Traffic Safety Commission recommending changes in parking limitations on the South side of Third Street between E. Main and Lithia Way from two hours to one hour; change one parking stall on the North side of Third from two hour to 15 minute parking; and prohibit parking on the South side of Maple St. between N. Main and Catalina Streets. Reid said a request from Benjamin Franklin Svgs. for a 15 minute parking stall was turned down recently to be considered with the Downtown Plan. Williams moved to approve the recommend "no parking" zone on Maple St. Elerath seconded the motion which passed unani- mously on voice vote. Acklin moved to table the other two recommendations and refer them to the Downtown Plan. Williams seconded the motion which passed unanimously on voice vote. Cable T.V. Public Access Channel City Administrator Almquist reviewed his memo to the Council recommending an official request to Cooke Cable to make a hookup to the College, which is ready to use it for educational purposes; and appointing a committee to study and make recommendations on the use of the channel by the City, Hospital, School District and other interested parties. Allen Sandler, Sandler Institutional Films, feels the committee should be larger than the recommended number of five people, and is interested in seeing the channel open to the public at large. Reid said seven to nine people would be 6/7/88 P. 5 Re, ~ar Meeting Ashland City Council 6/7/88 P ~ NEW & MISCELLANEOUS BUSINESS Public Access Channel (Continued) better. Tom Garson, 496 Carol St., feels the committee should be made up of people from the community who do not represent special interest groups. Acklin said the Mayor should appoint a seven member committee made up of people recommended from the College, City, etc. Clara Collins, 315 High St., agrees with the channel being made available to the public. Ken Reske, Regional Manager, Cooke Cable, said there are costs involved which will be paid for by customers, and asked that a representative from Cooke be included on the Committee. Larry Cooper, 346 High St., thinks the person from Cooke should be an ex-officio member, and the public should be involved in the planning. Tim Shove, Dir. of Media Services at S.O.S.C., said the College will not try to take over the channel and there will be channels for community use and City/College use. Scott Mills, 755 Tyler Creek Rd., did a feasibility study on the public access channel and said nothing will happen until there is a channel. Susie Aufderhyde, 321 S. Mountain Ave., would like to be appointed to the Committee. Reid moved to request Cooke to make the access channel available, that a committee of seven members from the College, City, and at least three from the public at large, and an ex-officio member from Cooke Cable be appointed, and notices of the meetings be sent to all interested persons. Acklin seconded the motion which passed unanimously on roll call vote. PUBLIC FORUM: Utility Installa- tions Allen Sandler expressed concern about a ditch which was dug on Leonard Street for utility installation in 1987 and the dirt not compacted when the ditch was filled in. He feels this causes potholes when the dirt settles. He would like to pay for a soils test and have the situation corrected by the City if the test shows he is right. Laws said Staff will investigate and bring a report back to Council. Floodplain Bldg. Moratorium Ron Thurner, 1170 Bellview, asked Council for direction in the floodplain moratorium issue, because he feels Clay Creek should be included. Reid advised him to go the Planning Commission and explain his concerns to them. There being no further comment from the audience, the public forum section of the meeting was closed. 6/7/88 P. 6 Rea,~lar Meeting Ashland City Council 6/7/88 P. ~ ORDINANCES, RESOLUTIONS & CONTRACTS: Disc Antennas Second reading by title only of an ordinance amending the Land-use Ordinance with respect to disc antennas. Acklin moved to adopt the ordinance and Williams seconded the motion. Elerath said Section 5. B(7) should be left out or changed, to not tell people how to protect against corrosion. Acklin asked that he do research and bring back amended language. Laws suggested postponing second reading and Acklin withdrew the motion. Initiative & Referendum Laws Second reading by title only of an ordinance amending the initiative and referendum laws was postponed until the next meeting. Parking Limita- tions on First St. First reading of an ordinance establishing a two-hour parking zone on First Street between E. Main and Hargadine. Almquist explained that this was an over- sight and had never been marked. Reid moved to table the item and refer it to the Downtown Plan and Laws seconded the motion, which passed unanimously on voice vote. Airport Comm. Vacancies First reading of an ordinance amending the Municipal Code with respect to vacancies on the Airport Commission. Williams moved to second reading, Reid seconded the motion which passed unanimously on roll call vote. Levy Taxes FY 1988-89 First reading of an ordinance levying taxes for the fiscal year 1988-89. Williams moved to second reading, Acklin seconded the motion. Elerath abstained and the motion passed on roll call vote as follows: Reid, Williams, Acklin and Laws, YES. Adopt Annual Budget 1988-89 A resolution was read which adopts the annual budget for 1988-89 and makes appropriations. Almquist recommended deferring expenditures to agencies until that issue is resolved. Elerath moved to adopt the resolution and direct Staff to not distribute appropriations to agencies until the matter is cleared. Williams seconded the motion which passed unanimously on roll call vote. (Ref. Reso. #88-21) State Revenue Shar. A resolution was read electing to receive State Revenue Sharing funds pursuant to O.R.S. 221.770. Williams moved to adopt the resolution, Elerath seconded the motion which passed unanimously on roll call vote. (Ref. Reso. ~88-22) Cert. for State Revenue Sharing A resolution was read certifying the provision of City services to qualify for State Revenue Sharing pursuant to O.R.S. 221.760. Elerath moved to adopt same, williams seconded the motion which passed unanimously on roll call vote. (Ref. Reso. #88-23) 6/7/88 P. 7 Re~llar Meeting Ashland City Council 6/7/88 P. 8 ORDINANCES, R~SOLUTIONS & CONTRACTS (Continued) Authorize Funds & A resolution was read authorizing funds and accounting Acctg. Methods methods for the 1988-89 fiscal year. Williams moved to adopt same, Reid seconded the motion which passed unanimously on roll call vote. (Ref. Reso. ~88-24) Elerath asked if the Electric Utility fund was going to be changed to an Enterprise Fund. Finance Dir. Turner said the changes will be made next year. Residency Requirements A memo was read from P.W. Dir. Hall regarding residency requirements for supervisory personnel who are subject to emergency recall. Water Quality Foreman and Street Foreman were added to the list. The resolution amending the residency requirements was read and Acklin moved to adopt same. Williams seconded the motion which passed unanimously on roll call vote. (Ref. Reso. ~88-25) Salary Range - Fire Management Personnel A resolution was read amending the salary range for fire management personnel. Acklin moved to adopt the resolution, Williams seconded the motion which passed unanimously on roll call vote. (Ref. Reso. ~88-26) Lease Agreement Maint. Bldg. Ashland Airport A memo was read from Public Works Dir. Hall requesting Council approval of the lease agreement for the maintenance building at the Ashland Municipal Airport. Williams moved to authorize the Mayor and City Recorder to sign the agreement, Acklin seconded the motion which passed unanimously on roll call vote. Elerath said the Airport Commissioners are dedicated and do a fine job. Party Wall Quit- claim Agreement City Administrator Almquist said the property adjacent to Bluebird Park is being sold and the City has been asked to sign a quitclaim deed to terminate the City's interest in the party wall agreement. Reid moved to place the item on the agenda, Elerath seconded the motion which passed unanimously on voice vote. Reid moved to authorize the Mayor and City Recorder to sign the deed, Acklin seconded the motion which passed unanimously on voice vote. ADJOURNMENT The meeting adjourned at 10:48 P.M. Nan E. Franklin City Recorder L. Gordon Medaris Mayor 6/7/88 P. 8