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