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HomeMy WebLinkAbout1986-1007 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL October 7, 1986 ROLL CALL APPROVAL OF MINUTES PUBLIC HEARING Nonconforming Uses Mayor Medaris led the Pledge of Allegiance and called the meetingto order at 7:30 P.M. On roll call Elerath, Reid, Bennett, Laws and Arnold were present. Acklin was absent. Bennett moved to androve minutes of the regular meeting and executive session of September 15, 1986; Reid seconded the motion which passed unanimously on voice vote. Planning Director Fregonese reviewed the proposed amendment to the zoning ordinance relative to nonconforming uses and noted: that it would allow reactivated uses now nonconform- ing when the use would have the same impact as residential uses in a residential neighborhood. Fregonese said the Planning Commission initiated the proposal at the request of a business man and voted to recommend Council approval. The City Administrator asked Fregonese if the ordinance would apply to nonconforming signs and Fregonese said it does not at this time but the sign ordinance addresses that issue. Almquist read a letter from Aili Eggerr relative to Helman Baths indicating there are no plans for change of use and asked that it be made part of the record. A letter signed by eleven people opposing the proposed use of a business at 259 Fifth Street because of noise, diesel odors and problems of trucks on residential streets was read and made part of the record. A letter from Glory Black of 35 Mistletoe Road was read supporting use of 45 Mistletoe for a repair garage and was made part of the record. Also made part of the record was a letter from Kay Atwood asking the the Comprehensive Plan which confirmed the character of the neighborhood as residential be upheld in the South Pioneer/Hargadine area.~ A letter was read from JoAnn an~ Leland Patton opposing reactivation of the Old Key Shop at 166 Hargadine as an allowable commercial use which was made part of the record. The Mayor opened the public hear- ingo Elaine Gilbert of Mistletoe Road objected to the noise of the Ashland Cartune saying she would appreciate fencing and some control of the noise generated by the business. Steve Armitage, 205 Randy, opposed the concept of the pro- posal in general and said he objects to the metal building at HelmanBaths and would object to bringing back of that or any other business at that location. Doris Thompson, noted that she sold the property on MIstletoe in 1985 where:Ashland Cartune is doing business and that has been an aU[o repair business for years and continues to do busin~ ess~t is licensed and zoned for. Curt Anderson, 248 5th Street said he lives across from 259 5th Street opposed to the use because of the noise of'refrigeration trucks and the area is in an unsightly condition. Ray Tucker spoke as owner of the truck garage saying that it is being used as a truck shop for his personal use and that no refrigera- tor trucks are there at this time° Tucker noted. that this PUBLIC ttEARING cont. Nonconforming Use business has been in the family since his late father started it in 1940. Tucker said if he started up the business again he would have refrigerator trucks running at night to preserve produce° Laws told Tucker that if and when he decides to start up again that he run his plans by the City Administrator before proceeding° Fregonese said the noise ordinance would cover the noise level. Mike Slatt- ery of 590 Elizabeth said he is technically against a use such as Helman Baths in a residential neighborhood but a conditional use could be granted in some cases. Leonard Friedman of Pyramid Juice, 160 Helman Street, noted the ordinance would make it possible for him to establish his business at 575 Elizabeth Street and that he would live next door to the business. Friedman said he passed a petition in the subject neighborhood to get input and that the pro- posal was not opposed. Joe Jackson noted he works with NFIB (an affiliation relative to small businesses) and encouraged the City to make possible the establishment and continuity of small businesses as an important part of the community. Jim Fink, 235 5th St. supported Jackson~s comments but suggested the business at 259 5th be required to fence the lot where trucks are parked and complained about the trucks being parked next to his back yard which backs up to the property. Fink added that the various fumes bother him. Gregg Williams, 744 Helman said the ordinance will allow a little more flexibility for the businessman and noted many of the greenhouses are closed for six months at a time when it appears unfeasible to keep them open but does not mean the business is closed. Curt Anderson asked who determines whether a neighborhood business is operating or closed and Fregonese said the Planning Department relies on the neigh- borhood to make information known. At this point the Mayor closed the public hearing which was taped for the record. Reid moved to instruct staff to bring back ordinance; Eler- ath seconded the motion which passed unanimously on voice vote° ASHLAND CITIZENS TRIBUNAL HERSEY STREET IMPROVEMENTS A letter was read by Robert Macknowski representing Ashland Citizens Tribunal which had been made available at the meeting° The letter requested that Council draw up a resolution denouncing nuclear warfare/use etc. Elerath asked Macbnowski how many members are involved in the Trib- unal and Macknowski said there are three members. Elerath moved to table; Bennett seconded the motion which passed with Elerath, Bennett, Laws and Arnold voting YES. Reid opposed° Elerath noted he had a telephone call from Fred Roberts indicating although he is not 100% in favor of the pro- posal, he would go along with the majority of the Droperty owners. Almquist read a letter in favor from ECS Investments and asked it be made part of the record. Almquist indicated that of petitions signed 44.04% ..... ~o~tLuec: 10/7/86 2 ular.~eeting Ashland City Council 10/7/8~ P.3 HERSEY STREET IMPROVEMENTS continued WASTEWATER TREATMENT PLANT Energy Savings Study FORENSICS LAB SITE Annexation Fees were in favor along with 28°52% presigned because of Plann- ing actions. Almquist noted that 27.04%either opposed or did not respond. Chuck Kinney, 261 W. Hersey favored the proposal saying that it was first proposed when it would have cost only $10.00 per front foot and added that he likes the design. Terry Brimhall read a letter from Jim Parsons of Parsons Pine criticizing the policy by which the City has applicants for planning actions sign in favor of improvements. Laws said Council will be glad to discuss policy in future but feels the request for future improvements by an action which would impact streets is reasonable and that the work of getting Hersey Street paved for the residents and commun- ity should proceed. First reading was given an ordinance ordering the improvement of Hersey and Laws moved to second reading; Arnold seconded the motion which passed unanimously on roll call vote. Arnold Gross brought to the attention of Council that his pie-shaped lot would have an $8,425 assessment and asked for reconsideration of that cost. Alsing said that change is possible after the total costs have come in when work is completed° was re d A memo/from tee Director of Public Works requesting funding for engineering, design and cost estimating for implementa- tion of recommendations resulting from a study to identify ways to conserve energy at the Wastewater Treatment Plant. Elerath reviewed the report and recommendations and said the information is inadequate and for this reason would be difficultto favor implementation and funding for same. After Council discussion Elerath agreed to discuss the matter with the engineering firm (Brown & Caldwell) and report back. Arnold moved to delay and have Elerath dis- cuss with Brown & Caldwell and report at next meeting; Reid seconded the motion which passed unanimously on voice vote. A memo from Planning Director Fregonese wa~ read relative to an unpaid annexation fee on the Forensics Lab site and the memo noted that the ordinance which assesses the annexation fee does not prescribe a fee for the SO Zone audit has been assessed the same as a single family res- idential lot at an assessment of $6,673. The City Attorney said there are no fees for SO Zone° Laws moved to inter- pret the matter as no annexation fee necessary for SO Zone; Bennett seconded the motion which passed with all AYES on voice vote. 10/7/86 Po3 ~ula~_Meeting Ashland City Council 10/7/86 ~. 4 PUBLIC SAFETY REQUEST A memorandum from Director of Public Safety Lively was read and Lively reviewed the savings proposed by hiring another Firefighter and having a staffing level of 6 men on each shift. Reid asked how the Student Firefighter pro- gram is going and Lively said it was going well, Reid moved to approve request; Bennett seconded the motion which passed unanimously on voice vote, TUCKER/WALNUT STS. IMPROVEMENT The City Administrator reviewed the results of petition for improvement of Tucker Street from Thornton to Walnut and Walnut from Tucker to Grant Street noting that 17.62% signed in favor, 39~4~ by signed agreement comprising 57.03% in favor. A resolution was read calling for the improvements and setting a public hearing for the 21st of October at 7:30 PoM. Arnold moved to adopt; Bennett seconded the motion which passed unanimously on roll call vote° (Reference: Res. No. 86-39) TRAFFIC SAFETY RECOMMENDATIONS A recommendation requested by Principal Rose Marie Davis of Lincoln School calling for a sign on Beach Street saying "Car Loading Zone" be changed to "Commercial Vehicles Only" was considered and Principal Davis explained the need for the change to have traffic enter by Beach Street and exit on Siskiyou Boulevard. Following a discussion of the Davis request and the recommendation changing hours for 4 hour parking on C Street between 1st and 2nd Streets, Laws moved to adopt both recommendations and bring back ~esolution and ordinance to implement; Reid seconded the motion which passed unanimously on voice vote° TRAFFIC ENGINEERING GRANT A memo from Director of Public Works Alsing was read relative to an available grant of $3,000 for technical assistance through the Oregon Traffic Safety Commission. The grant would cover a study to develop a system whereby emergency vehicles could control traffic signal functions so as to have'the green light at all times. Arnold moved to author- ize signatures of Mayor and Recorder; Elerath seconded the motion which passed unanimously on voice vote. PEROZZI FOUNTAIN COMPLETION A memo from Planning Director Fr~gqn~e on progress of restoration of Perozzi Fountain was read and Slides shown of sculpting of the cupid and plastering problems. Fregon- ese requested a second donation from Council in the amount of $4,000o The City Administrator said the monies could be made available from the General Fund Operating Contingency~ Arnold moved to appropriate $4,000 from the Operating Con- tingency Fund; Reid seconded the motion which passed with- out.mpposition on voice vote. 10/7/86 Po 4 ular Meeting Ashland CitLy CouncLi.~ ~,/'~/,j5 i'~ . PUBLIC FORUM ORDINANCES, RESOLUTIONS & CONTRACTS Benson Annexation Benson Annex. Withdrawal from Jo C. F. Do #5 Rezoning Benson property Alarm Systems etc. fees BPA Contract IBEW, Local 659 Contract Clerical/Technical Emp. Elerath called attention to the fact that City Administrator Almquist has been appointed a regional Vice President of the prestigious International City Managers Association and congratulated him on the appointment. The Mayor and other members joined in noting the honor placed on Almquist and the City as wello The Public Forumwas closed. First reading was given an ordinance annexing 16.7 acres located North of Crowson Road and West of 1-5 and Laws moved to second reading; Arnold seconded the motion which passed unanimously on roll call vote. Firs~ reading was given an ordinance withdrawing certain recently annexed property from Jackson County F.D. #5 and Arnold moved to second reading; Bennett seconded the motion which passed unanimously on roll call vote. First reading was given an ordinance rezoning certain recently annexed property from Jackson County RR-5 to City of Ashland M-1 and E-1 and Laws moved to second read- ing; Arnold seconded the motion which passed with Reid, Bennett, Laws and Arnold voting YES. Elerath was out of the room. Second reading by title only was given an ordinance amend- ing the Municipal Code with respect to alarm systems and special police service fees and Laws moved to adopt; Arnold seconded the motion and on roll call, Reid, Bennett, Laws and Arnold voted in favor w~th the motion carrying. Elerath was out of the room. (R~ference Ord. 2401) A resolution authorizing an amendment to the BPA Contract was read and Laws moved to adopt. Bennett seconded the motion which passed with Reid, Bennett, Laws and Arnold voting in favor carrying the motion. Elerath was out of the room. (Reference Res. 86-38) The contract with IBEW was reviewed and Laws moved to ratify and authorize signCures of the Mayor and Recorder; Arnold seconded the motion which passed with Reid, Bennett, Laws and Arnold voting YES~ Eterath was out of the room. 10/7/86 Po 5 ular Meeting ORDINA~NCES, RESOLUTIONS & CONTRACTS cont. Agreement w/Southern Pacific OTHER BUSINESS EMT Training LOC voting delegates Mark Cooper Request Regional Meeting on Tax measures (LOC) Ashland Lodging Assno A memorandum from the Director of Public Works request- ing authorization of the Mayor and Recorder to sign an agreement with Southern Pacific relative to sewer under the railroad trac~ on Wightman Street was reviewed and Laws moved to approve; Arnold seconded the motion which passed unanimously with Reed, Bennett, Laws and Arnold voting in favor° Elerath was ou[ of the room. Reid recommended that a report on EMT training should be a~ai~blebefore giving John Bpdilly permission to go ahead with negotiations with Police & Fire Departments° Almquist noted the Firefighters ~ontract will not be updated until next Spring. Elerath returned to the meeting° Council agreed that the Mayor an~ Council Chairman Laws should be voting delegate and alternate at the upcoming League of Oregon Cities ConventiOn and Arnold so moved. Bennett seconded the motion whic~ passed unanimously on voice vote. City Attorney noted a letter had been received (which Council received) from ~Iark Cooper requesting an 8" sewer line be installed to his property and Salter recommended that the matter should go to Engineering to clarify the easement access. Arnold moved to postpone the matter until such clarification is received; Bennett seconded the motion which passed unanimously on voice vote. The City Administrator reported there will be a meeting in Grants Pass on Tax Measures sponsored by the League of Oregon Cities on October 10 from 7:00 PM to 9:30 PM. Almquist said for those who need transportation arrange- ments can be made through his office. Laws noted that further communication on possible purchase adjourned to October 14 ~t 7:30 P.M. to discuss the matter. The City Attorney outlined conditions of an agreement with the Seller and continued by saying there is a possibility tha~ the land can be purchased this year with the money being held in a joint bank account with Toney bearing interest so the City's portion would be returned if the election rejects the plan as will Toney's and Toney would be allowed to retain the first $5,000 of the City's inter- est for having held the property for the City until the referendum issue is resolved. zo/7/g5 ~¢ ~ gular Meetin~ ~G;r~iax!ci ~ity tZ:~u~u~i! .{~ l,~j~ Ul. , OTHER BUSINESS cont. Hosler Dam Improvements ADJOURNMENT Nan E o Franklin City Recorder The Director of Public Works informed Council that at this time he doesn't know if the City will be allowed to sluice and that Morrison & Knutson have begun plans & specifications for improvements to Hosler Dam. Alsing said this work began in July and will go through October. Alsing said he could not wait until contract was let to place an order for the large valves needed and has called for bids on those items onlyo Alsing said there is a tight schedule and soon will advertise for the contract with construction to beg~n by the first of February. Alsing noted that work is being done with Water Rehabilitation funds along with $150,000 in Systems Development funds. At 10:45 P.M~ the meeting adjourned to an adjourned meeting at 7:30 P~M. on Tuesday, October 14, 1986. L/~o%don Medari~~s~~ Mayor 10/7/86 p, 7