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HomeMy WebLinkAbout1987-0721 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL July 21, 1987 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, Bennett, Reid, Acklin, Laws and Arnold were present. SWEARING IN OF POLICE OFFICERS Randall Pryor and Loren Deffenbaugh were sworn in as Police Officers of the City of Ashland by Mayor Medaris. PRESENTATION OF PLAQUE Councillor Beverly Bennett was presented a plaque for two and one half years of dedicated service on the Ashland City Council. APPROVAL OF MINUTES Elerath asked for clarification on page one, fourth paragraph regarding the project being "more expensive to the City with the addition of the bridge over Ashland Creek. City Administrator Almquist stated that there would be no additional cost to the residents, it would be borne by the City using Federal, State and probably some local funds. Elerath requested an amendment to say "the additional cost will be paid for by City". Bennett moved to approve the Minutes as amended and Acklin seconded the motion which passed unanimously on voice vote. PUBLIC HEARING: City Administrator Almquist read into the record a Appeal of approval of letter from appellants (the Ad Hoc Committee of Planning Action 87-051, Concerned Citizens dated 5/28/87 (Exhibit A); a PNB microwave-antenna memo from the Economic Development Commission at 6th & E. Main endorsing the PNB Microwave Dish (Exhibit B); a letter from Marjorie O'Hara asking for denial of the PNB Microwave Dish (Exhibit C). He further reviewed all the attachments pertaining to the Public Hearing. Councillor Reid referred to a letter from the Appellant dated July 21 that was received after the agenda went out and not included in the list of attachments (Exhibit D). Associated Planner, Steve Jannusch, then presented the Staff Report and gave a brief history of the application. He stated that this was reviewed twice by the Planning Commission and was first denied based on the lack of aesthetic appeal and impact on the Historic District. The Planning commission then received correspondence from the legal counsel of PNB which prompted a letter from the City Attorney regarding the outright permitted use of the dish. Both times the Historic Commission reviewed this application, it was denied. The Mayor then opened the Public Hearing. 7/21/87 P. 1 PUBn£C wRARING PNB Appeal (Continued) Warren Goines, 123 6th Street, spoke on behalf Ad Hoc Committee of Concerned Citizens and summarized their grounds for appeal (Exhibit D). He stated that 589 citizens signed the petition, 318 in the Historic district and 271 outside. The following concerns were raised: that the approval of the microwave antenna would set a dangerous precedent; that the citizen's views would not be heard; approval would lead to proliferation of these devices. Correspondence from Jackson County Federal Savings & Loan Association, Southern Oregon State College and Pacific Northwest Bell, and a zoning clearance sheet are included in the Minutes for the record. Zelfa Hutton, 59 Sixth Street, also spcke against the microwave dish discussing disadvantages such as health hazards (low level radiation), and the degradation of property values and salability. Her testimony is included for the record. Bill Emerson, 90 5th Street, felt the City was ignoring the guidelines of the Historic District and that E. Main Street was designated as the Gateway to this district. Accepting the microwave dish would be going backwards to the times of ornate neon signs. Teresa Thomas, 692 B Street, made an official request for the record that the Commissioners or Councillors meet with Dr. Frederick Bell, who is a noted scientist, when he is in town next Tuesday, regarding the health aspects of the microwave dish. Tom McGill, Grants Pass, Community Affairs Rep- resentative and Spokesperson for PNB referenced all the materials submitted to the Council which demonstrate PNB's concern about the issues of health, property values and the appearance of the neighborhood. PNB plans to utilize landscaping to enhance the visual effect of the dish. The Mayor raised the issue of state of the art equipment in comparison to OIT and the College. McGill felt it was a matter of capacity (presently 98.6%) and if by next year they did not increase the communications, they would fall behind and would not have enough facilities to allow the traffic that goes in and out of the Klamath Basin. Council discussed the alternatives such as using fiber optics and running them out to Eagle Mill. McGill assured Council that after thoroughly researching the project, this was the least expensive way to add new equipment. Arnold asked if there were any other plans to put additions dishes on the PNB building and McGill said absolutely not. Reid brought up the issue of PNB leasing equipment from AT&T and McGill said they have seven years to separate and that would preclude them from sharing facilities with them. Reid asked if there would be further expansion of the building and McGill said PNB was through expanding that building. Allen Adams, 1029 Timberline Terrace, felt PNB made a fair presentation and that the dish was needed in Ashland to increase the quality of communications. He urged that the appeal be denied. 7/21/87 P. 2 PD~LIC HEARING PNB Appeal (Continued) Ben Tyran, 1120 Prospect, Chairman of the Ashlan~ Economic Development Commission, recommended the permit be allowed as endorsed by the EDC. He felt Council has little choice but to live up to the spirit and letter of the ordinance. Tom Reed, 918 Walker, felt the appellant overlooked the fact the PNB has been a good neighbor in Ashland for many years. They exemplified their commitment to have a good looking building with landscaping and maintenance. They provide tax dollars and jobs here and have taken an unfair beating through the permit process. Lois Wenker, 317 N. Main Street, member of the Economic Development Commission, felt the PNB delivered a straight-forward presentation and the Council should consider it. The Mayor then closed the Public Hearing. A resident of 107 Alida Street made a comment that Council's decision should not only be based on the economic impact of the dish, but how the community will live with it once it is built. Reid commented that in the Planning Staff Report of February 11, 1987, Jannusch stated there were no previous planning actions of record for this location which contradicts the testimony of the Ad Hoc Com- mittee. Jannusch stated that the Planning Department retires files to the vault that are 6 years or older and when the Staff Report was prepared, only the active files were referenced. Elerath brought up the fact that we can't change the law because of people's fears, i.e., the hazards of microwave pollution. The Mayor asked the City Attorney to review the ordinance pertaining to this matter to assist Council in making their decision. Ron Salter said that Ordinance 18.68.120 states that the dish is a permitted use in this district which leaves us with no legal grounds to deny it. Arnold questioned the maximum height of structures in the R-2 zone and Jannusch replied 35 feet. Arnold then said he spent a vast amount of time reviewing this application and is having a hard time trying to find a reason why PNB can't have an antenna. The Council then reviewed the application by PNB in 1978. Laws said it's obvious we don't want the building to look like Medford's building. Perhaps the ordinance should be changed to not allow multiple dishes in that district. He added that he was sorry about the way the Planning Commission handled the initial application so abruptly. Bennett commended Mr. Goines and Mrs. Hutton for doing their homework and being concerned citizens. Acklin agreed and stressed the importance of protecting the flavor of Ashland. 7/21/87 P. 3 PUBs__ HEARING PNB Appeal (Continued) Acklin then moved to deny the appeal from the Ad Committee of Concerned Citizens, et al Appellants, and adopt the findings of the Planning Commission. Bennett seconded and Arnold commented that he would work to see the ordinance modified to place any more antennas on the building. Reid voted no and the rest of the Council voted yes to deny the appeal on a roll call vote. PUBLIC HEARING Wrights Creek Dr. Proposed Paving Brian Almquist referenced the attached letter to Mrs. Tatlow regarding tax lot 700. He stated that the City would get an agreement that she would dedicate the necessary right-of-way to make this project possible if the City picked up the cost. He stated that the street is well covered by a street paving agreement representing 67% of the total street frontage. The street will be 22 feet, 24 feet in some places with movement of utilities and a portion 36 feet total width. It is recommended that a 22-24 foot section be posted for no parking on the west side. Although there is a great deal of time before actual construction begins next summer, it is recommended that Council act on this matter not so that a deed might be acquired for the Tatlow property. Estimated cost per front foot is $35.50. If bids are greater than 10% more than estimated, The City would notify the property owners and bring it to Council. The Mayor then opened the Public Hearing. Tim Miller, 405 Wrights Creek Drive, was in favor but had concerns about the width going from 30' to 36' because of the creek. Alsing said they will fit the street to the bank of the creek without fill and try to get a 36' street which would provide as much parking as possible. Miller said because of the curve and for visual reasons, he would like to see a consistency in the width. Alsing said if you go less that 36', you will have to take some of the parking off. Laws said the street should be built to accommodate future development. Scott Mills, 366 Wrights Creek, didn't think all that parking would be needed. He further felt if the street were 36' wide around the curve, people would tend to pick up speed which could be dangerous. He questioned if there would be curbs because he liked the rural atmosphere. Laws said it is City policy to have curbs when streets are paved. Arnold commented that parking problems will go before the Traffic Safety Commission. Reid would like the City to be more involved with providing pedestrian paths within the City. The Public Hearing was closed. 7/21/87 P. 4 PUBLIC HEARING Wrights Creek Drive Elerath asked for the width of the easement and varied width of the road. Alsing said it does vary and there's more easement than we're using, the reason being it goes over a steep bank down to the creek. Almquist read the ordinance and Laws moved to second reading. Bennett seconded and the motion was passed unanimously on a roll call vote. COMMUNICATIONS PETITIONS & REMONSTRANCES: Renaming of Alley Brian Almquist referenced the letter from Mr. off Nursery St. Raymond Hanson and said he didn't know of any Near N. Main St. formal ordinance for naming alleys but believed they were not named for living persons but after something or someone historic. Reid mentioned the alley was there at one time to service the North School. She felt historic names are more appropriate. Almquist asked if Council wanted to make a formal policy for naming alleys. Laws proposed the following: "If there are businesses, or a significant number of residences on an alley, or if there is an historic or geographic place associated with an alley, then the naming of that alley shall be left up to the Historic Commission and shall not be named after living persons." Elerath then moved to refer this request to the Historic Commission and Bennett seconded. The motion was passed unanimously on a voice vote. UNFINISHED BUSINESS: Resolution urging the Governor to designate Jackson & Josephine Counties as Econ. Dev. Districts The Mayor introduced Liz Shelby of the J.C. Economic Development Council. Shelby said the Economic Development Commission was approached by the Planning Commissioners to work on developing strategies for lottery funding. That started the process of strategic planning. In the meantime the Council of Governments decided to pursue a certain district. Shelby stressed that in their pursuit to organize more economic development there will not be a duplication of efforts. She then introduced Bob Johnson, a Medford City Councillor and President of the Rogue Valley Council of Governments. The COG has been involved in this activity since July of last year. One of the things he regrets not doing for their two-county area is make available the 10% additional Federal matching funds for the district. He said that a "Federal" Economic District, under the u.s. Dept. of Commerce and the Economic Development Administration, should be looked at from a completely different perspective. Through the Economic Development District, we will be able to work with the Oregon Comeback Plan, the Lottery Funds and any grants that are made within the two-county area, could perhaps be used for matching funds for a greater Federal grant. Any grant that is granted would get an automatic 10% increase simply because we are an Economic Development District. 7/21/87 P. 5 RESOLUTION - Economic Development Districts (continued) The mission of the Rogue Valley Council of Governments District is to use all available resources to assist local members, individually and collectively, to obtain economic ability and strength through coordinated and cooperative planning which compliments but does not duplicate efforts and services of other entities. They have already received the resolutions from both Jackson and Josephine Counties from 10 cities. Laws pro- posed having an Executive Committee of the District being made up of people jointly appointed by the counties and the Council of Governments. One of the Committee's job's would be to do the strategic planning. Johnson thought that was a good idea and could foresee a merger of the District and the Council. Johnson read a letter of appreciation for the work Bev Bennett had done for the Council. Arnold moved to adopt the resolution as written and Bennett seconded the motion which was carried unanimously on a voice vote. Oral Report by Director of Public Works on Barbara St. A1 Alsing addressed the Council by introducing Tom Grey with TG Associates and a representative of the Asphalt Paving Institute and Jim Townes, V.P. and General Manager of Morgan Paving, the asphalt supplier on the project. Grey presented his credentials and said he reviewed the City's Chip Sealing Program. He explained the Chip Sealing process and the importance of having a Paving Management System, which is an inventory of the condition of streets. Generally, a chip seal on a residential street should last in the range from 8 to 12 years. On an arterial street it would be somewhat less because of traffic. He then showed slides. At this point, 10:25 p.m., Councillor Acklin left the meeting. He made the following observations: Laurel Street looked good; Williamson Way has construction difficulties; Diane Street was a good job, sands appear to be absorbing asphalt; Barbara Street appears to have taken some stress. The rock is totally embedded and the asphalt has come to the surface. Can be helped by putting more chips on a hot day and roll on to embed into street. Grey recommended that more attention be given to Barbara Street, perhaps another application of aggregate. Arnold asked if we would need a new spreader to get a good job done and Grey explained the different types of spreaders. Laws questioned if the problem with Barbara was the application as opposed to the material used and Grey answered yes. After further discussion, Almquist recommended that Staff come back to Council with some modifications to the chip sealing program. 7/21/87 P. 6 Recommendation by City Administrator on purchase of Airport hangars Postponed to next meeting. NEW & MISCELLANEOUS BUSINESS: Memo from Judge Postponed to next meeting. requesting ordinance allowing only lawyers admitted to State Bar Request by Planning Director to submit grant request for lottery funds Postponed to next meeting. Memorandum from City Administrator con- cerning Bond issue for West Side water system Reid moved that staff bring back the necessary resolution to the next meeting and Bennett seconded. The motion was carried unanimously on a voice vote. Laws suggested to put a notice in the paper to get public comment. PUBLIC FORUM No response. ORDINANCES, RESOLUTIONS & CONTRACTS First reading Improvement of Hersey between Water & Oak Almquist read the ordinance. Laws moved to second reading and Arnold seconded. The motion was carried unanimously on a roll call vote. Second reading by title only Levying Property taxes Title read by Almquist. Bennett moved to adopt ordinance and Reid seconded. Elerath voted no and the rest of the Councillors voted yes on a roll call vote. Resolution Selection process of Administrator, ACH Almquist read the resolution and Arnold moved for adoption. Reid seconded and the motion carried unanimously on a roll call vote. Resolution authorizing funds & accounting methods Postponed to next meeting Resolution endorsing application for State Lottery Funds for APAC Almquist read the resolution, Arnold moved for adoption and Bennett seconded. The motion was carried unanimously on a roll call vote. OTHER BUSINESS The Mayor reminded the Council that there would be a special meeting next Tuesday to interview the candidates for the Council position. ADJOURNMENT The meeting was adjourned at 11:13 P.M. Nan E. '~anklin City Recorder Mayor 7/21/87 P. 7