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