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HomeMy WebLinkAbout1987-1020 REG MINROLL CALL SPECIAL PRESENTATIONS: Schools Project Pedestrian Safety APPROVAL OF MIN'JTES PUBLIC HEARINGS: Annexation - 245 Tolman Cr. Rd. (CBM Annexation) MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL October 20, 1987 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, Laws and Arnold were present. Acklin was absent. Mayor Medaris read a proclamation in support of the schools project sponsored by the League of Women Voters and presented same to the Ashland Chapter's Vice-President Fran Burnham. Vic Lively accepted the American Automobile Associa- tion's 1986 Pedestrian Safety Citation for 5 years achievement, on behalf of the City.I Arnold moved to approve the minutes of the regular meeting and executive session of October 6, 1987; Williams seconded the motion which passed unanimously on voice vote. Planning Director Fregonese reviewed the proposed project at 245 Tolman Creek Road which meets annexation and site review criteria. The CBM Group, Inc., is requesting annexation, site review and zone change from County RR-5 to City R-2 to build a 54 unit low income housing project financed by Farmers Home Administration Section 515. The Planning Commission recommended approval of the project with 13 conditions, which include paying a Systems Develop- ment Annexation fee of approximately $7,800. Fregonese told of a recently passed State Law which requires that all criteria be read aloud, and appeals which may be filed have to specify the criteria being objected to. On a question from Elerath, Fregonese said the City cannot require CBM to construct to Super Good Cents standards, but they plan to anyway. Reid asked about sidewalks and/or pedestrian ways on Tolman Creek Road and Fregonese said there is a lot of room to widen the road which will happen when the remainder of the property on that road is annexed. On a question from Arnold as to when the project could be converted, Fregonese said the loan is for 50 years, but they can opt to convert after 20 years. David Alexander, 1780 Crestview, expressed concern about water availability and traffic loads downtown as more people move to Ashland. Bill Spann, CBM Group, 10/20/87 P. 1 R__e~uiar Meeting Ashland City Council 10/20/87 P. 2 PUBLIC HEARINGS: Annexation - 245 Tolman Creek Rd. (Continued) talked of the need for affordable housing in the community. He said the Company was formed in 1982 and now has 1200 units under ownership and management. After some discussion about interest rates and rental assistance programs, Spann asked if all landscaping had to be completed prior to issuance of a certifi- cate of occupancy and was told a performance bond would be required. Spann told of a recent survey of the property shows it to be 2.586 acres instead of 2.75. The public hearing was closed. Willjams relayed concern from Elsie Nicholson, 1575 Greenmeadows, about the water shortage aspect. Laws said State Law prohibits Ashland from limiting population growth and requires planning for anticipated growth. Arnold agreed with concerns about water availability, but felt the project met a real need for affordable housing in Ashland. The Ordinance annexing the property was read, Laws moved to second reading and Williams seconded the motion which passed unanimously on roll call vote. The Ordinance was read withdrawing the property from Jackson County Fire District No. 5. Laws moved to second reading, Reid seconded the motion which passed unanimously on roll call vote. The Ordinance was read rezoning the property from Jackson County RR-5 to City of Ashland R-2. Williams moved to second reading, Laws seconded the motion which passed unanimously on roll call vote. Sign Code Amendments Planning Director Fregonese said the changes in the Sign Code were necessary because of recent court rulings which prohibit the City from regulating wording on signs. The public hearing was opened, there being no comment from the audience, the public hearing was closed. Reid moved to instruct staff to bring an ordinance back amending the Sign Code, Laws seconded the motion which passed on voice vote as follows: Elerath - NO; Reid, Williams, Laws and Arnold - YES. COMMUNICATIONS, PETITIONS & REMONSII~ANCES: The Bushes Scott Bushnell, The Bushes, 1474 Siskiyou Blvd., Liquor License requested that the Council withdraw condition that property taxes be paid prior to receiving recommenda- tion for liquor license, and said his attorney feels he has recourse against Gerald Allen, owner of the property, and the City. Arnold felt the request to reconsider should be denied, and if we let people know the policy will be enforced, people will make sure no taxes are owing prior to leasing a building. Williams 10/20/87 P. 2 R__e~,lar Meeting Ashland City Council 10/20/87 P. ~ COMMUNICATIONS, PETITIONS & REMONSTRANCES: The Bushes Liquor License (Continued) and Laws did not want to penalize the lessee for something which was out of his control. Reid said owner and lessee should not have two different sets of rules which would be unfair to those who have businesses in buildings they own and pay their taxes. Laws moved to release previous condition of liquor license and Williams seconded the motion. Police Chief Vic Lively reported that Mr. Bushnell had been arrested since the Police Dept. recommended approval of the license, and asked that Council table the matter until the case is adjudicated. On voice vote the motion failed as follows: Elerath, Reid and Arnold, NO; Williams and Laws, YES. Laws made a motion to place discussion of the liquor license/property tax payment policy on the next agenda. Williams seconded the motion which passed unanimously on voice vote. Winery Proposal Nevada/Ashl. Acres John Fregonese said the proposed winery would be located at Nevada St. and Ashland Acres Road, where zoning is exclusive farm use, the vineyard is a permitted use, and the winery is a conditional use. The Planning and Economic Development Commissions support the project and would like Council to express their support to Jackson County Planning. Ben Tyran, Chairman of the Ashland Economic Development Commi- ssion introduced Mr. Andrew Samad, 625 Lit Way, who briefly explained his plans for the vineyard and winery. Laws moved to go on record as approving the project, Reid seconded the motion which passed unanimously on voice vote. Set Public Hearing Peachey Rd. Annex. (Lyle Reeder, App.) A memo from the Planning Commission was noted and the Ordinance was read which dispensed with an election and set a public hearing for annexation of 2.58 acres of property at 1660 Peachey Road, for November 17, 1987. Laws moved to second reading and Williams seconded the motion. On questions from Laws and Elerath as to the necessity for an emergency clause, City Attorney Salter explained that State Law requires a public hearing to be called by Ordinance, and if there was no emergency clause the process would be long and drawn out. The motion passed unanimously on voice vote. UNFINISHRD BUSINESS: Attorney Opinion Budget Comm. Mtgs. Reference was made to the memo from Salter concerning special meetings of the Budget Committee. 10/20/87 P. 3 R__e~,~ar Meeting Ashland City Council 10/20/87 P. 4 NEW & MISCELLANEOUS BUSINESS: Airport Easement Allen Alsing, Dir. of Public Works, reviewed his request to purchase an easement along Neil Creek for the purpose of trimming trees which are in the approach zone to runway 30 at the Airport. The owner is asking $2500 to provide the easement and the Airport Commission feels the easement is critical and the price reasonable. Arnold moved to approve the request, Laws seconded the motion which passed unanimously on voice vote. American Legion Bldg. - Teen Ctr. Councilor Reid asked John Fregonese to make the presentation concerning improvement of the American Legion Building on Winburn Way for Teen Center purposes. Fregonese pointed out some structural problems which need fixing and handed out a drawing done by Kim Rooklyn which showed the proposed addition and landscaping. He said the building should be preserved and the front part would be left to the American Legion and the Boy Scouts. There is $16,000 in Rehabilitation Funds available and approximately $10,000 more would be needed to complete the project. Reid said the proposed Teen Center space would be available much of the time for compatible programs which would be booked by Sue Hart at the Community Center. Dale Rooklyn, V.P. and Robin Hulten, Pres. of the Board of Directors for the Teen Center spoke in support of the proposal and the need for a new Teen Center home. Fregonese said $500 would be needed to get inspections and firm cost estimates for the improvements. Reid moved to adopt the proposal in concept and approve expenditures for inspections and cost estimates, Laws seconded the motion which passed unanimously on voice vote. PUBLIC FORUM: Mark Antony Hotel Liquor License Jeff Campbell, a Medford attorney, asked that Council reconsider their decision concerning taxes being paid current prior to giving a recommendation to approve the Mark Antony liquor license. He then explained the events which led to Joe Burkhardt's formation of the Standby Corporation, and said Standby would assume all liabilities. Michael Smith, attorney retained to represent the Mark Antony Hotel Co. in their Chapter 11 Bankruptcy, cited a provision of the Bankruptcy Code which prohibits creditors from taking action against a debtor or prop- erty to collect debts which were incurred prior to the filing for bankruptcy. He said priority debts would be paid first but the remainder would be paid within six months. Mayor Medaris said the Mark Antony Hotel owes the City $27,638 in utility bills, hotel/motel 10/20/87 P. 4 R__e~ular Meeting Ashland City Council 10/20/87 P. % PUBLIC FORUM: Mark Antony Liquor License (Continued) tax and property taxes. Arnold asked City Attorney Salter if he had an opinion on automatic stay, Salter said he did not. Laws said Council should retain their leverage, and its more costly to litigate than pay the taxes. Elerath felt the City would not gain by taking a strict attitude on this. Arnold expressed a desire to read the case previously cited, have Salter read it too, and get a legal opinion. He said he'd rather not go to court and asked if two weeks would be too long to let Council prepare for the matter. Reid spoke against going to court. Elerath moved to place the item on the agenda, Reid seconded the motion which passed on voice vote as follows: Elerath, Reid, Williams, YES; Laws and Arnold, NO. Arnold made a motion to place the issue on the next regular Council meeting agenda, Laws seconded the motion which passed on voice vote as follows: Elerath, NO; Reid, Williams, Laws and Arnold, YES. Water Shortage Update Public Works Dir. Alsing gave an update on water availability. The reservoir is 75% full and the storage and draw-down is where it should be. There being no further business from the audience, the public forum was closed. ORDINANCES, RESOLUTIONS & CON~CTS: Rezone - Clay St./ First reading of an ordinance was held amending the Hwy. 66 Comprehensive Plan and rezoning property at the southwest corner of Clay St. and Hwy. 66 from R-l-5 to R-2. Laws moved to second reading, Williams seconded the motion which passed unanimously on roll call vote. Annexation - 245 Tolman Cr. Rd. Historic Structure Demolition First readings of annexation ordinances on 2.586 acres of property owned by CBM Group at 245 Tolman Creek Road held earlier in meeting. First reading was held of an ordinance amending the Building Code with respect to the demolition of historic structures. Williams said he voted yes on this at the last meeting but now felt the State was trying to coerce, and had changed his mind. Arnold moved to second reading, Reid seconded the motion which passed on roll call vote as follows: Elerath, Reid and Arnold, YES; Williams and Laws, NO. Annexation - 1660 Peachey Rd. Ordinance concerning annexation of property at 1660 Peachey Road was read earlier in meeting. 10/20/87 P. 5 Re~,~Lar Meeting Ashland City Council 10/20/87 P 6 ORDINANCES, RESOLUTIONS, & CONTRACTS: (Continued) BPA Weatherization Resolution reducing the maximum cost cap for the BPA Program Change Weatherization Program to 50% was read. Williams moved to adopt the resolution, Laws seconded the motion which passed unanimously on roll call vote. (Ref. Reso. ~87-43) Yield Signs - Blaine & Alida Sts. Resolution was read authorizing the installation of yield signs on Blaine Street at Alida Street. Arnold moved to adopt the resolution, Williams seconded the motion which passed unanimously on roll call vote. (Ref. Reso. ~87-44) OT}IER BUSINESS FROM COUNCIL MEMBERS: Elerath relayed concern about a Planning Commission member who favored annexing new land for taxes. He asked that someone explain annexation and property taxes to the Planning Commission. ADJOURNMENT Karen Huckins Acting City Recorder The meeting adjourned at 10:19 P.M. L. Gordon Medaris Mayor 10/20/87 P. 6