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HomeMy WebLinkAbout1985-0806 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL August 6, 1985 ROLL CALL APPROVAL OF MINUTES PUBLIC HEARING Bard~s Inn Request APPRECIATION Mayor Medaris led the Pledge of Allegiance and called the meeting to order at 7:30 P.M. on the above date. Elerath, Bennett, Acklin and Laws were present. Smith and Reid were absent. Bennett moved to approve minutes of the regular meeting, executive meeting of July 16, 1985 and special meeting of July 30, 1985; Elerath seconded the motion which passed unanimously on voice vote. City Attorney Salter reviewed the request for Comprehensive Plan Change and Zone Change for expansion of Bard's Inn Motel on the west side of Helman Street and noted that consideration for the requests be given without concern for sign criteria. Salter also reviewed the findings criteria saying that should Council approve the requests for Comp Plan and Zone Change the findings of the applic- ant should be adopted. The Mayor opened the public hearing and asked for opponents to speak. Dick Moore said that Bard's Inn should ex- hibit good faith by conforming to the sign criteria in order to expect requests to be approved and that further consideration should not be given as a good neighbor until they reciprocate. Moore urged Council to deny the request. A1 Willstatter, 128 Central, pointed out that no one in the neighbor- hood had opposed the proposal and that he would prefer to see the lot made productive rather tha~ to have an empty lot there. Will- statter went on to say tha~ the business would employ people and generate hotel/motel funds for the City. Cliff Moran, 1193 Siskiyou, said he is in favor of the proposal and that the building would improve the neighborhood and help the community. attorney Diane Spies, ~epresenting the applicants, said it was her understand- ing of the record earlier that Council voted in favor of the applica- tion with conditions and asked that Council stand by that decision. The public hearing was closed for the lack of more comment. Bennett asked if the sign aspect is being eliminated and Salter said it is not being considered with the Comp Plan Change & Zone Change request. Bennett noted that Moran had expanded his motel and had brought his sign into compliance. Acklin said she would vote con- sistent with past action according to information from Historic Com- mission and CPAC. Laws moved to approve request with three conditions specified by Planning Commission and adopt findings submitted by applicant; Bennett seconded the motion which passed with Elerath, Ben- nett and Laws voting in favor. Acktin opposed. (It was noted that the condition relative to sign criteria was omitted from the motion). Mayor Medaris presented a Certificate of Appreciation to John Chmelir for his service on the Budget Committee and recent position as Construc- tion Engineer on the new Hydroelectric project in Ashland. 8/6/85 P. 1 Regular_Meeting Ashland City Council 8/6/85 P. 2 LIQUOR LICENSE APP. & LEASE TRANSFER (Oak Knoll G. C.) PROPOSAL TO DEDICATE WADE PROPERTY TO PARKS CLOSURE POLICY FOR WINBURN WAY SCENIC DR. OPENING City Administrator Almquist reviewed request for Council endorsement of sublease at Oak Knoll Golf Course restaurant and approval of liquor license saying that applicants have liquor license in another location and that approval would be contingent upon receiving a satisfactory report from the Police Department and that insurance for liquor liab- ility should be provided. Laws noted that the Crossroads Restaurant in Medford owned by the applicants has been cited three times on noise complaints and suggested postponing request until the City Admin- istrator has an opportunity to check with the City Manager of Medford on the problem and added that problems have been experienced at the restaurant at Oak Knoll before. The application was deferred and will be placed on the next agenda for consideration. A letter from Parks & Recreation Commission was read requesting that Wade property be dedicated for park purposes and Acklin moved to approve request and asked Staff to bring back resolution to implement; Bennett seconded the motion which passed unanimously on voice vote. The City Administrator read a letter from the Parks Commission relative to use of the ~ ~e~ ~nd selling public streets and requesting tha r / Recreation purposes and for the City. Elerath asked if any particular incident brought the request on and Chair Crawford said that use of the Bandshell for a concert which created a noise nuisance and that an increase in requests for use by religious and political organizations prompted the Commission to reconsider policy adopted some six years ago. Mickelson noted there is an ordinance prohibiting selling in the park and feels this is inappropriate in the park. Acklin said it would not be appropriate to cancel the Ballet's previous permission to sell during their per- formances and that there are only three left. Laws agreed saying that there should not be selling allowed in the park except for the 4th of July and also that the policy should be worded to allow graduation exercises. After further discussion on sanction of events Almquist noted that there is another request on the agenda to give Administrator authority to close Winburn and that wording could be worked out with Administration and Parks Commission and brought back to Council. A memo from the Planning Director was read relative to a request for opening Scenic north of Maple Street to reach the parking facility at Linda Vista Care Center which is being built to accommodate an 86 bed facility nursing home. Almquist noted that an agreement should be reached which would provide for signing in favor for future improve- ments in order to secure the 51% criteria for street improvements. Acklin moved to approve temporary drive contingent upon signing in favor of full improvements of Scenic Drive and providing drainage etc.; Elerath seconded the motion which passed unanimously on voice vote. 8/6/85 P. 2 Regular_~eeting Ashland City Council 8/6/85 P. 3 BUDGET COMMITTEE RESIGNATION PARK ESTATES WATER SYSTEM FINANCING STREET CLOSURES WIGHTMAN ST. CUT DELINQUENT ASSESSMENTS (Lithia Homes, Inc.) A letter from John Chmelir resigning from the Budget Committee due to an indefinite absence from the City was read and staff was asked to advertise the vacancy for appointment at the next regular meeting. A letter was read from developer Dave Lewis requesting consideration of Bancrofting costs of the booster pumping station totalling $103,374. Lewis said the system is unique and would serve the entire hillside when developed. Lewis noted the Beck report of 1980 showed the Southwest portion of the City as being the only section without a water system. Lewis said the security of the City is not in jeo- pardy since he deposits monies back to the bank to pay off the loan as lots are sold. Laws reviewed problems other cities have had and Ashlandis policy is to avoid such involvement. Lewis said that no provision is made for reimbursement by future owners/builders on the pumping station as has been provided by ordinance for development of other parts of the water system. Laws agreed it would be well to include pumping stations in the payback in ten years. Acklin said bancrofting would not be fair to the taxpayers. Alsing explained how the pumping station facility would work and that the high costs to install the water system were partially because of the long way they had to go to get to the subdivision with the mains. Alsing said everything could be used by others and they are putting money up front that may benefit other people and that once installed the City would maintain and if someone built a home the City would be obligated to provide the service. Lewis noted that he has arranged with the bank that should he not finish the subdivision that the City could and that a minimum amount per lot would be $8,500 when the loan is paid down for remaining unsold lots. Laws noted that in other cities the lots couldn't be sold for the cost of improvements the City had invested. After further discussion and comments by Director of Finance Nelson that pumping station fees could be collected just as sewer lines Laws moved to instruct staff to bring back amendment to the ordinance which would allow payback for pumping station costs; Elerath seconded the motion which passed unanimously on voice vote. A letter was read from the City Attorney outlining AMC criteria to allow authority by the City Administrator to close streats under cer- tain circumstances. The memo contained subpart "C" of AMC 11.12.020 to clarify authority to close streets for not more than 30 days and the proposed amendment and the ordinance was given first reading. Acklin moved to second reading; Bennett seconded the motion which passed with Elerath, Bennett, Acklin and Laws voting in favor. Motion carried. A memo was read from the Director of Public Works requesting permiss- ion to cut Wightman to install a storm drain line and Alsing noted that the work has been done and is for information only. A memo from the City Attorney was read relative to delinquent assess- ments owed by Mark Cooper and Lithia Homes and requesting authorization ...... continued 8/6/85 P.3 Regular Meeting Ashland City Council 8/6/85 P. 4 LITHIA HOMES, INC. Delinquent Assess. TRAFFIC SAFETY COM- MISSION RECOMMENDATIONS PUBLIC FORUM ORDINANCES, RESOLUTIONS & CONTRACTS Lien Search Fees CPN FRANCHISE STREET CLOSURES R]DSOEUTION NO. 85-41 to proceed with foreclosure proceedings on the delinquent liens and Laws moved to authorize Salter to foreclose; Acklin seconded the motion. Mark Cooper commented that Salter was mistaken and had mis- informed Council on the subject. On voice vote motion passed without opposition. A memo was read from the Traffic Safety Commission reconmending that Walker Avenue be designated a through street and that stop signs be installed at all side streets where they enter this section; that yield sign be erected on Mae Street where it enters Faith Avenue from the East and that yield signs be erected at Pennsylvania Street where it enters Morton from the east and west and Euclid Street where it enters Morton from the southwest. Bennett moved to approve Walker Avenue recommendation; Acklin seconded the motion which passed unanimously on voice vote. Laws moved to approve yield signs on Mae Street, Pennsylvania and Euclid Streets as outlined in the memo; Bennett seconded the motion saying she hoped she didn't have a conflict since she lives on Pennsylvania and the motion passed unanimously on voice vote. No response. An ordinance was given first reading establishing an increased fee to ($25.00) for lien searches and Laws moved to second reading; Bennett seconded the motion which passed unanimously on roll call vote, The City Administrator reviewed the ordinance granting CP National the franchise on natural gas and noted a deletion in Section 2 (d) relative to the provision that in "no event shall the annual tax or toll for any such franchise year be less than the sum of $35,000; and in Section 3 the following phrase was deleted which read "which shall not exceed a rate of five pg[cS.n~ ~5%)" as requested in the discussion by Laws. Chuck Gates/was ln'a~tendence and thanked Council for their consideration. Almquist read the ordinance by title only having read the amendments and Laws moved to second reading as amended; Elerath seconded the motion which passed unanimously on voice vote. First reading by title only was given an ordinance amending the Municipal Code with respect to authority for temporary street closures and Laws moved to second reading as amended; Elerath seconded the motion which passed unanimously on roll call vote. Resolution of the City of Ashland, Oregon, Authorizing the Issuance of General Obligation Water Refunding Bonds, Series 1985," was read in full, and Councilman Laws moved to adopt the Resolution, seconded "a e". by Councilman Elerath. Roll call vote, all y 8/6/85 P. 4 RegutaE~eeting Ashland City Council 8/6/85 P. 5 REVENUE SHARING CITY OFFICES LEASE OTHER BUSINESS PRESS CONFERENCE Nan E. Franklin City Recorder The City Administrator noted that recalculated Revenue Sharing funds came in $3,746 better than originally reported and the City is appeal- the Treasury's action. The City Administrator reported on the lease renewal of the City offices at 27~ N. Main and said the owner is asking for an increase of $25.00 for a total of $7,800. Laws moved to authorize signatures renewing lease; Acklin seconded the motion which passed unanimously on roll call vote. Councilor Laws noted receipt of a memo from Elerath relative to the Parking Facility Committee and said the next meeting will be held at 4:00 P.M. on Wednesday, August 21st at which time Elerath's letter wi 1 be considered along with Elks parking lot & employees parking ordinance. Elerath brought up the moratorium in existence at the North end of town and asked what plans the City has to alleviate the problem and source of possible funding of same. Director of Public Works Alsing said the moratorium includes the upper Strawberry Lane, West- wood and Orchard section known as "Area f' in the water study maps and that it has been in the moratorium stage until pumping station/ mains etc. can be financed to improve high level pressure systems. Acklin noted that she had read t~tthe agreement the City has with the County relative to the lighting of the North Interchange area has been said to be less than effective and suggested the agreement be reevaluated at this time. Jonel, Medford Mail Tribune reporter asked why the sign ordinance was not considered in the Bard's public hearing and the City Admin- istrator said the application must go through the Conditional Use Permit phase on the Planning Connnission level. Salter said because of legal actions that he has "no comment" at this time and the item would be addressed at a later time. Jonel asked when more informa- tion will be available on the status of Revenue Sharing and Almquist said he will have more information when he learns of appeal proced- ure on RS. On question Of City Attorney relative to Cooper fore- closure proceedings and which court it will be held in Salter said it would be in Circuit Court. The meeting adjourned at 9:25 p.m. L. Gordon Medaris Mayor ih 8/6/85 P. 5