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HomeMy WebLinkAbout1986-0304 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL March 4, 1986 ROLL CALL Eo MAIN ST. LIGHTING PLANNING COMMISSION APPEAL 130 Hargadine PIZZA HUT LIQUOR LIC. MICHAEL~S HAMBURGERS PUBLIC FORUM ORDINANCES, RESOLUTIONS & CONTRACTS Land-use Amendment Employment District State Forestry Dept. Guard Station Lease Mayor Medaris led the Pledge of Allegiance and called the meeting to order at 7:30 PoM, Elerath, Reid, Bennett, Acklin and Laws were present, Smith was absent. A letter and petition requesting additional lighting on E~ Main Street between 4th and 5th Street was reviewed and the City Administrater noted that the Electric Superintendent looked into the area and agreed there is a need for additional lighting and Mro Thirlwall had been so notified. Council supported action. A public hearing was set for April 1, 1986 to consider appeal by Sharon Thormahlen of Planning Commission decision. A change of ownership application on liquor license for Pizza Hut was reviewed and recommendation for approval by Police Department pending completion of background check was considered. Acklin moved to approve contingent on final approval by Police Depart- ment; Laws seconded the motion which passed unanimously on voice vote. The City Administrator noted a request for a liquor license had come in too late for the agenda from Michael's Old-Fashioned Hamburgers° Acklin moved to place on agenda; Reid seconded the motion which passed unanimously on voice vote. The Police Depart- ment recommended approval based on completion of background check. Laws moved to approve subject to contingency of receiving favorabl~ background check; Elerath second the motion which passed unanimou~ ly on voice vote. No response from the audience° First reading was given an ordinance amending sections 18.52.020(D) and (F) of the Land-use Ordinance and Laws moved to second reading; Acklin seconded the motion which passed unanimously on roll call. Almquist reviewed a proposed lease for the Guard Station which has been paying $1.00 a year on lease saying he thought it would be more equitable for the department to pay more rent. Almquist said the Guard Station isn't funded through the General Fund of the State and receive only 4¢ an acre in timber sales. Almquist noted the Forestry Department has been very cooperative with the City and are unhappy about the proposal to charge $50 per month with the rent to increase in increments of a 20% increase until it reaches $135. Almquist said Council may wish to reconsider but said it is located on valuable property which may serve as a site for a commercial firm and in that case a one year's notice could be given for vacating the property. Fire Chief King said the Forestry Department's cooperation both inside and outside the City limits has averted serious consequences and noted that dur- ing the Hillview fire which began in the City limits they went 3/4/86 P. Regul.a_r Meeting Ashland City c~nc~ 3/4/86 P. FORESTRY LEASE cont, SHAKESPEAREAN ZONING OTHER BUSINESS out with borate loads which were used in the City and never charged for the time and materials, King went on to say they provide other services including assistance on the 4th of July and often get to brush fires before the City does, He said they teach fire awareness programs in the schools and are willing to help on a moment's notice, Laws moved to lease for $1,00 per year on a year to year basis for a 10 year lease terminable on a one yearvs notice; Acklin seconded the motion which passed without opposition on voice vote° The City Attorney was asked to speak to the question of zoning brought to the attention of the City by Mr, & Mrs, Thormahlen and he reported that O,SoF,A, is zoned C-1 (Commercial) with the exception of the outdoor theatre and said that the use is valid and legal since the outdoor theatre is ancillary to park property. Salter said that Planning Director Fregonese has talked to the Thormahlens about the matter and Salter doesn't think anything else is necessary and an outdoor theatre is a common use in large parks° Reid asked that consideration be given utility customers an oppor- tunity to build credit through their payments when someone else has guaranteed their account by signfng for them and the person actually makes the payments, Council discussed the proposal and it was suggested that the utility user have their name on the account and the other party co-sign whereby the principal would get credit for payments, The City Administrator was asked to work the plan with the Utility Department cashiers and bring back options° Elerath said he would not be at the Budget Committee meeting of March 6 and asked that his support be given to the Visitors & Convention funding as an important function in this tourist orient~ City, Elerath also expressed concern that Council had not been notified that a lawsuit had been lodged by Pacific Corpo and asked that he and other members be made appraised of such developments as they become known to staff, Bennett commended Alsing for a good presentation relative to the planned sluicing of Reeder Reservoir in the face of much opposi- tion at the Rogue Valley Council of Governments meeting, Bennett said the comprehensive report for need to sluice and support by Eric Dittmer helped to calm the opposing neighboring communities. The City Administrator asked that Alsing report on current actions and background of the reservoir sluicing in order to keep Council informed of latest developments on which to make decisions, Reid expressed concern that Smith is absent from the meeting and that she should be in on the discussion. Almquist said that he would · -,continued 3/4/86 P, ReJula__Er Meeting Ashland City Council 3/4/86_~P. OTHER BUSINESS conto relate all details to Smith but wished to go on with the discuss- ion because of time constraints involved in sluicing project~ Alsing reported that the dam was built in 1928 and cleaned many times of the sediment and it was only when we had the 1964 flood and then the 1974 flood when people became involved with environ- mental issues and became involved. Alsing said that DEQ became involved and required the City to get a permit for the sluicing. The condition was that the City have a study done at a cost of $70,000. Alsing reviewed the study "Water Resources Management Plan" in substance and gave details on the physical removal of sedimentation. Reid noted that this is such an important issue that the community should have the opportunity to hear the presentation. Laws said that Council may need direction because of conditions and timeliness of decisions. Alsing showed a chart of storage and drawdown of the reservoir and said that there are only about six weeks time when it is possible to dredge the reservoir and that rain and snowpack must be just right to refill the reservoir after it has been sluiced. Almquist noted that the sedimentation has increased over the years and the operation of the Watershed has had an impact on the condition of the reservoir° Alsing noted that work done by the Forest Service has corrected some of the problems created in the watershed. On Reid's question as to what would happen if we had other dams.and the importance of timing, Alsing said that timing is critical and if we had a second dam it would allow an alternate supply. Reid felt the 10 year old report could be obsolete. Acklin said we are making a decision on our only water supply and there is no alternate supply at this tiemo Almquist said that the City of Talent has pipes under Bear Creek for their water supply and are concerned with the sediment° Almquist said our water crews will be sent there to help correct anticipated problems. Almquist said the City has also heard from Harry & David's Bear Creek orchard north of Valley View interchange who have sump pumps in Bear Creek to provide for irrigation and for water use when confronted with freezes and can't guarantee that we will be able to sluice next year or future years. Elerath said that both the City of Talent and Harry & David had to have been aware of routine sluicing prior to installation of water pipes and planting the pear orchard and suggested that we go along with sluicing plan to ensure that the City residents have water. Alsing reminded Council there is a risk if and when we sluice and we could be held responsible and there is a problem if we don't sluice~ Alsing revlew~d the proposal to have holding ponds and said that the DeYou~g property has been identified as a possible site where ponds could be installed as the property has been quarried and leaves a natural filling area. Alsing said that after settling the material will need to be removed and a location would need to be found at great expense of trucking it. Almquist gave calculations relative to the estimated cubic yards saying the cost in 1975 was $5.80 per c.uo and we are talking about 25,000 yards. Alsing reviewed a proposal to have a pilot program with con- sent of Parks Commission to use Wade property where Ashland Creek flows into Bear Creek if City returned the area to present condition after using it for settling pond° continued 3/4/86 P.. Regular ~°'eting Ashland City Council 3/4/86 Po 4 OTHER BUSINESS cont. Reservoir Sluicing Reid indicated the City had received a letter from a State agency and asked the City Attorney what the legal ramifications of it were. Salter said he could foresee a claim for declaratory relief and recommended an Executive Session. Council agreed° Willstatte~ asked on what basis an Executive Session was being held and Salter told him it was for threatened litigation° The meeting adjourned to executive session at 8:55 PoM. At 9:10 Council reconvened and Laws moved to put the sluicing of the reservoir on the agenda; Acklin seconded the motion° Everett, Bennett, Acklin and Laws voted YES° Reid opposed and motion passe~ ~Laws stressed the need to do whatever is necessary to clear the reservoir of sedimentation and that the experiment with the settli~ pond be carried through if we sluice° Alsing said he would need to hire a Cat and purchase pipe and also solicit volunteers to helT Acklin moved to proceed with settling pond experiment, to wait' for results ~f application for perm'{t from State Lan~'Board, to 'h~ another meeting when word is received and if the reservoir i~ not drawn down enough at that time, a diver should be sent down to inspect the grate° Laws seconded the motion. Elerath said since we are talking about our Water supply, we should have a decision from an engineer and we already have a permit. Acklin said we still have enough time to hear from the State Land Board. On roll cal, Reid, Bennett, Acklin and Laws voted YES. Elerath opposed. The meeting adjourned at 9:20 PoM. Nan E. Franklin City Recorder L o Gordon Medaris Mayor 3/4/86 P. 4