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HomeMy WebLinkAbout1988-0920 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL September 20, 1988 ROLL CALL APPROVAL OF MINUTES PUBLIC HEARINGS: Alley Improvement Betw. Garfield & Lincoln Sts. Sanitary Sewer L.I.D. - East Main Street Sanitary Sewer LID Council Chairman Laws led the Pledge of Allegiance and called the meeting to order at 7:30 P.M. on the above date in the Council Chambers. Councilors Elerath, Reid, Williams, Acklin, and Arnold were present. Mayor Medaris was absent. Acklin moved to approve the minutes of the regular meeting and executive session of September 6, 1988; Reid seconded the motion which passed unanimously on voice vote. A memo was read from Asst. City Engineer Jim Olson concerning improvement of the alley between Garfield and Lincoln Streets, North of Iowa Street, with paving and drainage. Abutting property owners received notice of the hearing via certified mail. Public Works Dir. Hall said 55% of those lots abutting the alley signed in favor of the improve- ment. Chairman Laws opened the public hearing. Bebe Benning, 1201 Iowa Street, mentioned dust from the traffic and said she and her neighbor Orville James, 1213 Iowa St., were in favor of the improvements. Bernie Zieminski, 615 Taylor, owner of a lot at Garfield and Iowa, said it was a condition of the Planning Commission that the alley be paved to the back of lot 2800 when the duplexes were built. He is in favor of the improvement but thinks that condition should be upheld. Fregonese said his recollection was that the developer was to form an L.I.D. or pave the alley. The hearing was postponed in order to obtain the findings and orders from the file before further discussion. A memo was read from Asst. City Engineer Olson concerning installation of sanitary sewers on East Main St., between Fordyce and Wightman Streets. The cost, $11,678.00, will be paid by special assessment and each lot will be assessed $2335.68. Hall said all owners signed in favor and an emergency exists due to failing septic tanks. It is necessary to install the line on E. Main St. in order to connect to the existing manhole. On a question from Williams, Hall said he met with the property owners to discuss design and costs, and feels their questions were answered. The street will be repaired next summer during bikepath construction. The public hearing was opened and there was no comment from the audience. Acklin moved to request staff to bring back an ordinance to implement the assessment district, Arnold seconded the motion which passed unanimously on voice vote. 9/20/88 P. 1 Regular Meeting Ashland City Council 9/20/88 P. 2 COMMUNICATIONS, PETITIONS & REMONSTRANCES: P.A. No. 88-080 A letter was read from Carlyle Stout, attorney for Request for Recon- the developers, requesting reconsideration of the sideration Council's decision to require 20' setbacks for the apartment complex at 910 Mary Jane. Stout showed four different plans for the complex, and City Attorney Salter said discussion should be limited to the issue of holding another public hearing. Arnold said there is a basis for reconsideration and asked that the developers meet with the neighborhood and get their input on the plans. Reid noted the plans did not include a 20' setback as required, to which Acklin said there is a need to work for affordable housing. Arnold moved to reconsider the vote of September 6, 1988 concerning the appeal, Acklin seconded the motion which passed unanimously on voice vote. Alley Improvement (continued) The public hearing regarding paving the alley was re-opened. Planning Dir. Fregonese said Mr. Bills appealed the condition requiring him to pave the alley from Garfield to the end of the lot which the Planning Commission denied. Three other property owners said they would sign in favor of improvement. City Attorney Salter said the spreading of the assessments would be decided at a later date. Arnold feels an L.I.D. should be formed and Mr. Bills should pay for his section due to the conditions placed on the project. Zieminski said a letter from Mr. Bills to the Planning Dept. dated 3- 23-88 stated that he would sign in favor of the paving. There being no further comment from the audience, the public hearing was closed. After a discussion concerning whether Mr. Bills should pay for his section of the alley as required by the Planning Commission, Arnold moved to bring back an ordinance implementing the Local Improvement District. Williams seconded the motion, which passed unanimously on voice vote. On a question from Elerath, Almquist said the Council will decide how the assessments will be split among the property owners. Positively Fourth Street A letter was read from John Seligman, 248 Third St., concerning noise and crowd problems caused by activities at Positively Fourth Street. Seligman, who is representing the neighbors, showed the location of the properties being affected and gave a short history of meetings with the owners. J. Friedman, 258 Third St., said they don't want the place shut down, but would like to see better insulation and a cooling system. She asked about zoning stipulations. Jeff Straub, 463 B Street, feels the owners have not taken the responsibility of running a business. Leslie Smith, owner of a 9/20/88 P. 2 Regular Meeting Ashland City Council 9/20/88 P. 3 COMMUNICATIONS, PETITIONS & REMONSTRANCES: Positively Fourth Street (Continued) bed-and-breakfast in the area, told of property damage and fights, and asked if there was a way to require security on the premises when amplified music was featured; and to improve the sound insulation and cooling system. Tom Sheets, 217 Fourth St., agreed with his neighbors' concerns. Bill Emerson, 90 Fifth St., asked if the use of the building could be limited. Fregonese said the activities are a permitted use in the E-1 zone. The City does have a noise ordinance and State laws prohibit exceeding 45 decibels at the property line 1/2 the time. He said a violation of the nuisance ordinance, as in this case, is a $500 fine. Police Chief Lively said they have made many arrests associated with the amplified music, and feels the owners should be involved in discussions. Fregonese said the noise ordinance could be changed to hold the owner responsible for violations. Arnold asked that Salter and Fregonese research the matter. Laws thanked the neiKhbors for bringing the matter to the Council's attention. UNFINISHED BUSINESS: Smith Annexation A memo was read from City Admin. Almquist recommending adoption of the amended findings, which were changed to require future paving of Ashland Mine Road be placed on the Smith lot only. Joe Smith, 1281 Ashland Mine Rd., was concerned that he will not be able to use the lot but will have to pay for improvements. He said he can't drill a well due to proximity of a neighbor's drainfield. Acklin suggested alternatives such as an easement from a neighbor to drill a well. Arnold moved to approve findings as amended, Acklin seconded the motion which passed unanimously on voice vote. Nuclear Free Zone Conference Councilor Reid, who will be representing the City at the upcoming Nuclear Free Zone Conference in Eugene, asked that a second person from the community attend the conference, and said this is the first such conference the U.S. has hosted. Laws asked that staff write a letter to the Peace House notifying them of Reid's attendance at the conference. Reid said a small tour of Southern Oregon may be organized for delegates from other countries, and asked that the City host one of the events. Elerath voiced concern about propaganda, and asked the purpose of the conference. Reid said it will be an exchange of ideas related to world peace. 9/20/88 P. 3 Regular Meeting Ashland City Council 9/20/88 P. 4 NEW & MISCELLANEOUS BUSINESS: Committee Appts. A memo was read from Mayor Medaris requesting approval of appointments to the Bicycle Commission, Historic Commission and CPAC. Reid asked for more information on the CPAC appointment process. She moved to postpone approval of those appointments and Arnold seconded the motion, which passed as follows on voice vote: Acklin, NO; Elerath, Reid, Williams, Laws and Arnold, YES. Acklin moved to approve the appointment of Pat Warner to the Historic Commission and Loretta Slepikas to the Bicycle Commission. Williams seconded the motion which passed unanimously on voice vote. E. Main St. Side- walk Power Poles A memo was received from the Street Tree Commission concerning power poles in the sidewalks in front of the Forensics Lab, and requested future involvement of that Commission in arterial street widening projects. For information only, no action necessary. Upgrade Clerk II Utility Billing A memo was read from City Admin. Almquist requesting upgrading the Clerk II position in Utility Billing to Account Clerk. Acklin moved to approve the request and Arnold seconded the motion which passed unanimously on voice vote. Quarterly Financial Statement Director of Finance Turner answered several questions from the Council. Arnold moved to accept the Quarterly Financial Statement and place it on file, Williams seconded the motion which passed unanimously on voice vote. Building Demolition Moratorium A memo was read from the Historic Commission requesting amendments to the Ashland Municipal Code relative to the demolition of buildings. Elerath moved to approve the amendments and Reid seconded the motion. Fregonese explained it will take about three months to get the ordinance changed and suggested adopting a moratorium until the ordinance is in place. Terry Skibby, President of the Heritage Committee, read a letter supporting the request for a moratorium. Arnold thanked the Historic Commission, Kay Atwood, the Planning Dept., and the Heritage Committee for their efforts on establishing the Landmarks List. Pam Burkholder, 110 Pine Street, is concerned about a house in her neighborhood and asked if it could be demolished if a permit was applied for soon, to which Laws said that was probably the case. Salter said the moratorium area needs to be designated, and Fregonese suggested using the preliminary inventory list already in existence. 9/20/88 P. 4 Regular Meeting Ashland City Council 9/20/88 P. 5 NEW & MISCELLANEOUS BUSINESS: Stop Signs - N. Mt. Ave. & Hersey St. (Continued) A memo and resolution were read from P.W. Diro Hall concerning establishing all-way stop signs at the intersection of N. Mt. Ave and Hersey St. Arnold moved to adopt the resolution and Williams seconded the motion. On a question from Elerath, Hall said there have been 12 accidents in a short period of time and the Traffic Safety Commission would like to take this action until the paving is completed, then review the situation. Gene Merrigan, 503 N. Mountain Ave., said cars come around the corner too fast, lose control and flip over. He is concerned about school children waiting for buses. Robert Johnson, 955 N. Mountain Ave., expressed concern about being able to drive up the hill in the snow after stopping at the proposed stop sign. Williams suggested using Eagle Mill Road. The motion passed as follows on roll call vote: Elerath, NO; Reid, Williams, Laws, Acklin, and Arnold, YES. (Reso. #88-39) Stop Signs - Morton at Ashland Street A memo and resolution were read relative to the installation of stop signs on Morton Street at its intersection with Ashland Street. Arnold moved to adopt the resolution, Acklin seconded the motion which passed unanimously on roll call vote. (Reso. #88-40) PUBLIC FORUM: Request to Oil N. Mountain Ave. Marie Moorehead, 310 N. Mountain Ave., requested oiling of a section of that street to keep the dust down until the paving is done next Spring. Hall said it is not the City's policy to oil streets. Arnold moved to place the item on the agenda and Williams seconded. The motion passed unanimously on voice vote. Arnold moved to authorize the City to oil a section of Mountain Ave., one time only, and Acklin seconded the motion. On a question from Williams, Arnold said the limits will be left to Hall's discretion. The motion passed unanimously on voice vote. ORDINANCES, RESOLUTIONS & CON~I~ACTS: Amigo Annex. Set Second reading by title only of an ordinance setting Public Hearing a public hearing on a proposed annexation and with- drawal from Jackson Co. Fire Dist. No. 5 of property located at 25 Mistletoe Road. Acklin moved to adopt same, Arnold seconded the motion which passed unanimously on roll call vote. (Ord. 2468) Establish Bicycle Commission Second reading by title only of an ordinance establishing the Ashland Bicycle Commission. Arnold moved to adopt the ordinance, Williams seconded the motion which passed as follows on roll call vote: Elerath, NO; Reid, Williams, Acklin, Laws and Arnold; YES. (Ord. #2469) 9/20/88 P. 5 Regular Meeting Ashland City Council 9/20/88 P. 6 ORDINANCES, RESOLUTIONS & CO~FfRACTS: (Continued) Historic Comm. Second reading by title only of an ordinance Rules concerning rules and regulations of the Historic Commission. Acklin moved to adopt the ordinance, Arnold seconded the motion which passed unanimously on roll call vote. (Ord. ~2470) Prohibit Skateboard Riding - Lithia Park A letter from Parks Director Mickelsen was read requesting that the words "skateboard riding" be added to the Ordinance which prohibits bicycle riding in Lithia Park. The ordinance was read; Acklin moved to second reading and Williams seconded the motion. A suggestion was made that the Bicycle Commission research alternative areas for skateboarders. Police Chief Lively said the only restrictions for skateboards are on sidewalks downtown and on the streets. The motion passed unanimously on roll call vote. Contract with Brown & Caldwell - Monitor Bear Cr. Public Works Dir. Hall told of a meeting with the Rogue Valley Council of Governments on September 7th and said the City needs the expertise and experience of Brown & Caldwell, and the cost would not exceed $10,000. Arnold expressed concern about not taking an antagonistic approach to D.E.Q. and cleaning up the creek; and after learning more about the project, he feels we don't have the necessary expertise and should contract with the consultant. Arnold moved to enter into a contract with Brown & Caldwell, Elerath seconded the motion which passed unanimously on voice vote. A resolution was read transferring the $10,000 appropriation for the contract. Arnold moved to adopt same, Acklin seconded the motion which passed unanimously on roll call vote. (Reso. #88-41) Public Power Week Proclamation A proclamation was read designating October 9-15, 1988 as "PUBLIC POWER WEEK" in Ashland. OTHER BUSINESS FROM COUNCIL MERS: Cable T.V. Comm. Councilor Reid requested an update on the Cable T.V. Update Request Committee at the next Council meeting. Nuclear Free Zone Councilor Elerath said not everyone is in favor of · ]Le Nuclear Free Zone, and he is concerned about possible repercussions from the meeting. New Police Officer Police Chief Lively reported that he has hired Lisa Brooks as the newest Ashland Police Officer. Lisa was an Explorer and worked as a Clerk/Dispatcher in Ashland, and more recently worked for Jackson County. ADJOURNMENT The meeting adjourned at 10:30 P.M. Nan E. ' ranklin, City Recorder Don Laws, Council Chair 9/20/88 P. 6