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HomeMy WebLinkAbout1988-0816 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL August 16, 1988 ROLL CALL MAYOR'S PRESENTATION: Raoul Maddox Ashi. City Band APPROVAL OF MINUTES PUBLIC ~INGS: Olson Annexation (P.A. #88-093) Mayor L. Gordon Medaris led the Pledge of Allegiance and called the meeting to order at 7:35 P.M. on the above date in the Council Chambers. Elerath, Reid, Williams, Acklin, Laws and Arnold were present. Mayor Medaris presented a Certificate of Appreciation to Raoul Maddox, director of the Ashland City Band for the past 11 years, who has served the Band a total of 41 years. Under Mr. Maddox's direction, the Band has provided outstanding musical entertainment to our community. Elerath asked for clarification in the last paragraph of Page 6 as to whether or not Reid returned to the room in time for the vote. She had. Acklin moved to approve the minutes of the regular meeting of August 2, 1988 as amended; Arnold seconded the motion which passed unanimously on voice vote. City Administrator Almquist reviewed the materials included in the Council agenda packets. Planning Director Fregonese noted that the Planning Commission was not presented with the Airport Commission's concerns at their hearing on the matter. He said the Planning Commission's findings were in favor of the applicant, and the floodplain issue was solved at the Planning Comm. hearing. He addressed concerns raised by Jackson County regarding houses next to farm uses, and felt this could be settled with a deed declara- tion. A Hold Harmless Agreement will take care of noise complaints, and the applicant will address the safety zone issue later in the hearing. Mayor Medaris opened the public hearing. Jim Oison, applicant, 2937 Fairweather Dr., Medford, said he is representing himself and a citizen. He stated he is Asst. City Engineer with the City of Ashland, but is here as private citizen. He explained the proposed use of the property as being low density with three houses on 5.46 acres. Addressing Elerath's concern about using right-of-ways in annexations, Olson cited several ordinances by number which concern annexations wherein right-of-ways were used to provide contiguous frontage. On a question from Acklin, Olson said the creek was realigned when the airport was established, and that the location shown by the County's map was in error. The applicant then discussed the Airport Commission's objections to building in the safety zone. 8/16/88 P. 1 Regular Meeting Ashland City Council 8/16/88 P. 2 PUBLIC HEARINGS: Olson Annex. (P.A. #88-093) (Continued) He explained low density residential building is not prohibited in the secondary safety zone, and the land is in the Urban Growth Boundary which shows the Planning Commission did not intend for no growth, but wanted control of the growth in that area. He further stated a zoning of RR.5 would be acceptable, he is aware of the hazards involved in living near an airport and explained why he feels the hazards are minimal. Olson is willing to sign a Hold Harmless Agreement, and an Avigation Easement which will allow the trees along Neil Creek to be topped. He pointed out the monetary interest of the City in issuing building permits, etc. Alan Hassell, 3003 Glengrove Avenue, Medford, has operated a business at 300 Dead Indian Road for the last 12 years and said the airport is relatively quiet. He plans on building a residence on the subject property but has no desire to subdivide. There being no further comment from the audience, the public hearing was closed. Elerath has objections to building in this safety zone and using public right-of-ways to annex property. Reid is in favor of the annexation and feels the conditional use process will allow the City to control building on the property. Willjams supports the annexation and thinks the conditional use process lends control. Acklin is in favor and said the avigation easement is reasonable. Arnold is concerned about a possibility of 10 houses, and if the annexation is approved, the condition regarding the tree trimming easement should be added. He felt the Airport Commission and Planning Commission should communicate with each other. On a question from Acklin, Fregonese said they could rezone to Rural Residential with one acre minimum. Arnold moved to approve the annexation with zoning to be Rural Residential one acre minimum, approve the findings of the Planning Commission, and the added condition that the property owners sign an easement to allow the trimming of the trees. Laws seconded the motion. Elerath asked if Jackson Co. objected to annexation of tax lots 1800 and 1900, which belong to that agency. Fregonese will find out. The motion passed on roll call vote as follows: Elerath, NO; Reid, Williams, Acklin, Laws and Arnold, YES. COMMUNICATIONS, PETITIONS & REMONSTRANCES: Set Public Hg. A resolution was read setting a public hearing for Improvement of September 20, 1988 on the improvement of an alley Alley between Garfield and Lincoln Streets. Arnold moved to adopt the resolution, Willjams seconded the motion which passed unanimously on roll call vote. (Reso. #88-34) 8/16/88 P. 2 Regular Meeting Ashland City Council 8/16/88 P. 3 UNFINISHED BUSINESS: Ashland Creek Status Report Steven Hall, Public Works Director, reviewed his memo to the City Council concerning the status of Ashland Creek. He recommended a study session with the Council, Parks Commission, Jackson Co. Health Dept., and Council of Governments to decide on the next step. On a question from Laws, Hall said the DEQ has an employee who specializes in this type of problem, and Staff will continue testing the water until they can find a pattern, and hopefully the source of the contamination. Reid asked about the possibility of sewer leaks and Hall said they might use a television camera in lines on Winburn Way to check for cracks. He said alternatives found thus far would be very expensive. All agreed on a study session, and Staff will keep the Council posted on the situation. Approval of Findings (Smith) This item was deferred to the September 6, 1988 meeting. (Smith Annexation) NEW & MISCELLANEOUS BUSINESS: Parking Restric- A memo from Barbara Dunlap, Senior Program Director, tion, Homes Ave. was read requesting signing in the area of Homes Avenue and Hunter Court. Staff recommended prohibiting parking on the South side of Homes Avenue. Reid moved to request Staff to bring back a resolution and Acklin seconded the motion which, passed unanimously on voice vote. DoE.Q. Study of Bear Creek Public Works Dir. Hall reviewed his memo requesting authorization for Mayor Medaris to sign an agreement with Brown & Caldwell Consulting Engineers for assistance in monitoring the Dept. of Environmental Quality's study for setting total maximum daily loads on Bear Creek, and a transfer of appropriations for same. Reid said she is interested in third stage sewage treatment and would like long-term instead of short-term measures. Arnold feels the item should be tabled until more information is obtained on D.E.Q.'s procedures and on the City's opportunity to evaluate the results of their study prior to approving the expenditure. Hall said the request is the result of a lawsuit whereby a sewage treatment agency near Portland had to make costly improvements to their system. Almquist said the concern is adequacy of D.E.Q.'s testing and their lack of staffing. He said a correct data base is necessary. Elerath said the City does not have the staff time and is seeking an agent to monitor the D.E.Q. Arnold moved to postpone the item until the next meeting, Acklin seconded the motion, which passed on roll call vote as follows: Elerath, NO; Reid, Williams, Acklin, Laws and Arnold, YES. 8/16/88 P. 3 Regular Meeting Ashland City Council 8/16/88 P. 4 NEW & MISCELLANEOUS BUSINESS: (Continued) Special Assess. A memo was read from the Historic Commission 59 & 77 Sixth St. recommending approval of special assessments for historic properties at 59 and 77 Sixth Street. Acklin moved to approve same and Reid seconded. The motion passed unanimously on voice vote. Appt. Downtown Plan Advisory Committee A memo was read from Mayor Medaris requesting approval of his appointments to the Downtown Plan Advisory Committee as follows: Michael Donovan, Dean Fortmiller, Mavis Cloutier, Leo Zupan, Dennis DeBey, Sandy Spalding, Moreland Smith, Marie Baxter and James Hibbert. Laws moved to approve the appointments and Williams seconded the motion, which passed unanimously on voice vote. Councilor Williams will serve as Council liaison. Ashland Sanitary Serv., Rate Incr. A letter was read from Ashland Sanitary Service requesting appointment of a Committee to study their current request for a rate increase. Mayor Medaris appointed Councilors Reid and Acklin, who will meet with the agency's accountant. Rondo Lanes Liquor License A request was received from Rondo Lanes, 1505 Siskiyou Boulevard for extension of their liquor license. Acklin moved to approve same, Reid seconded the motion which passed unanimously on voice vote. PUBLIC FORUM: No response. ORDINANCES, RESOLUTIONS & CONTRACTS: Exclude and Second reading by title only of an ordinance excluding Eject and ejecting all unfranchised public utilities pursuant to ORS 221.420(a). Arnold moved to adopt the ordinance, and Reid seconded the motion, which passed on roll call vote as follows: Elerath, NO; Reid, Willjams, Acklin, Laws and Arnold, YES. (Ord. #2462) Olson Annexation First reading of an ordinance annexing a contiguous area to the City (Olson Annexation). Laws moved to second reading, Reid seconded the motion which passed as follows on roll call vote: Elerath, NO; Reid, Williams, Acklin, Laws and Arnold, YES. Olson Annexation First reading of an ordinance withdrawing annexed area from Jackson County Fire District No. 5 (Olson Annexation). Acklin moved to second reading, Williams seconded the motion which passed as follows on roll call vote: Elerath, NO; Reid, Williams, Acklin, Laws and Arnold, YES. Olson Annexation First reading of an ordinance rezoning annexed area from County RR-5 to City RR-1 (Olson Annexation). Williams moved to second reading, Acklin seconded the motion which passed on roll call vote as follows: Elerath, NO; Reid, Williams, Acklin, Laws and Arnold, YES. 8/]6/88 P. 4 Regular Meeting Ashland City Council 8/16/88 Page 5 ORDINANCES, RESOLUTIONS & CONTRACTS: Skateboards Prohibited (Continued) First reading of an ordinance prohibiting the use of skateboards or roller skates on the sidewalks on East Main and North main between Gresham Street and Church Street, and the pedestrian area located adjacent to the Angus Bowmer Theater. Laws moved to second reading, Elerath seconded the motion which passed unanimously on roll call vote. C.P.A.C. Member- ship Increase First reading of an ordinance increasing the membership of the Citizens Planning Advisory Committee from twelve to sixteen members. Acklin moved to second reading and Williams seconded. The motion carried on call vote as follows: Elerath, NO; Reid, Williams, Acklin, Laws and Arnold, YES. Boundary Line Agreement A memo was received from Jim Olson, Asst. City Engineer, requesting ratification of a boundary line agreement between the City and William Colley, concerning a public alley between Van Ness Ave. and Hersey Street, West of Skidmore Street. Laws moved to authorize the Mayor and City Recorder to sign the agreement, Arnold seconded the motion which passed unanimously on voice vote. Employment Agree- ment Extension - City Admin. Acklin moved to approve, and authorize the Mayor and City Recorder to sign, a three-year extension of the employment agreement with the City Administrator. Reid seconded the motion which passed unanimously on voice vote. Contract Settle- ment, Clerical/ Technical Empl. A memo was read from the City Administrator recommending ratification of a contract settlement with IBEW Local 659, representing the City's clerical and technical employees, effective through 6-30-92. Acklin moved to authorize the Mayor and City Recorder to sign the contract on behalf of the City. Arnold seconded the motion which passed unanimously on voice vote. ADJOURNMENT The meeting adjourned at 9:30 P.M. Nan E. Franklin City Recorder L. G Mayor 8/16/88 P. 5