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HomeMy WebLinkAbout1984-0103 REG MINMinuLes of the Regular Meeting Ac~hl_~j~d City Council January 3, 198/4 PLEDCE OF ALLEGIA}aC[;T & INVOCATION ROLL CALl, A]'PROVAI. OF }ilNF.CES MAYOR' S ANNUAL ADDRESS CO}~IITTEE AI~POINTMENTS ELECTION OF COUNCIL CtlAIRMAN JUDGE PRO-TEM BUDGET COI~{ITTEE ELECTION LIAISON APPOINTMENTS PUBLIC HEARING Proposed Annexation of Greenway propgrty Land--use Ord. Amendments Mechanica] Equip etc. Th~ ?led~e of Allegiance was led by Mayor Medaris and invocation gi~ea by Lr, D,~v~d E. Campbell. Present were Howard, Reid, Dale, AcI: iio~ Laxzs and Snith. Smith moved to ~:pprove mi~utes of the regular meeting of December 20, ] 9t',4; /kck]Ln !',_~co,3ded tbu motion which passed unanimously on voice w: t e. Mayor ~.1edarjs gave his "State of the City" address which is on file. }J;~yor Medaris asked for confirmation by Council of the reconnnenda- ~[ons made tl~ fill City Commissions, Committees and Boards. Laws movc, d for approval; Smith seconded and on roll call the motion passed uDanimousl.y. (List on file) Da]e moved to nominate Councilman Laws as Council Chairman; Howard seconded tile metion. !{oward moved nominations be closed; Smith seconded an8 on voice vote the motion passed unanimously. Attorney David Orf was sworn in by Judge Drescher as Judge Pro-tem appoin. ted by _~4ayor. ])ale moved to appoint Albert C. Meyer to Budget Comnittee and then withdrew his motion. Smith nominated Brice Bilbrey; and Howard, Reid, Acklin, Laws and Smith voted in favor; Dale opposed. Howard nominated Meyer and Howard, Dale and Laws voted YES ~ile Reid, Smith and Acklin opposedo Mayor Medaris broke the tie by voting YES on Meyer nomination. Medaris asked that the Liaison appointments remain status quo. The City Administrator read a memo from the Planning Division relativ to the background of the proposed annexation and asked that Staff Report, Minutes and Findings be made part of the record. Planning Director Fregonese described the location as being in tbe area of the sewer treatment plant and owned by the City and said the major use of the property will be for public parks and open space. The Mayor opened the public hearing and there were no comments from the audience. It was noted that there would be three ordinances read later in the meeting.as the public hearing was closed. A memorandum from the Planning Division was read and Planning Commiss ion minutes of July 27, 1983 attached. Fregonese explained that the ameadment on quarry expansion calls for a conditional use permit where expansion is contemplated but allows for mining in existing location. Fregonese said that Westergard and the City would be required to get a C.U.P. Howard said it would be beneficial for the City to work with Westergard and Fregonese said that is the plan. ~ ......... continued 1/3/84 P, Land-use Ord. Amendments Public hearing co~tinued Quarries Mechanical Equipment Laws agreed that the City should have to take the same steps pre- scribed for others. Mnyor Medsris opened the public hearing and no one spoke to the issue. The public hearing was closed and Howard moved that staff be instructed to bring back ordinance with changes; Smith seconded the motion x~hich passed unanimolJsly on voice vote. Fregonese reported that several meetings had been held relative to satellites and staff wrote an ordinance prohibiting satellites to be erected in pl~lic view and that there was a lot of comment from the public and from the industry. Fregonese said they tried to come up with a compromise on the issues of public safety and aesthetics. Fregonese reviewed the proposed amendments as submitted and the public hearing was opened. Bud Perry of Harvey's T.V. asked Dale if he was the Councilmember who instigated the criteria for satell- ite dishes and Dale said he has concern that neighbors rights had not been addressed and he feels strongly that they should not have to look at a satellite dish and suggested that dishes be placed on the backslope of roofs and would like to see an amendment which would keep satellites located wbere not visible from a public street. Perry asked ~ere the neighbors are when there is a public hearing if they have strong feelings against tbe satellite dishes. Dale said they may not be at the meeting but their desires have been communicated by mail and telephone messages. Dale said he is also concerned with economic development of the City and cautioned aware- ness of aesthetics where the film industry is operating. Perry said that if he had a home and yard and wanted a satellite, he should be able to have one. Jerry Walker, 115 California Street noted he works for a company involving installation of a 12' Perclipse dish and that before he installed his he asked his neighbors for input and invited Council to look at his installation. Bob Reinholdt, 270 Skycrest Drive, spoke in opposition to the ordin- ance amendments saying that the wording affects his hobby as an amateur radio operator licensed since 1947 and added that his emerg- ency work through that media has rescued people from forest fires, floods etc. and the amendment will touch Ham Operators, CB'ers also. Reinholdt said that the wording which causes a person to apply for a permit when a change is made in an antenna is too broad since most radio operators spend a lifetime trying to improve reception and volume and the provisions would be unfair. Reinholdt said the local operators should be encouraged because of their public service. Rae Peck noted it is required by FCC that satellites be used in case of an emergency free of charge to any individual and to handicapped people. Jack Morse, 588 N. Main Street, said he agrees with Reinholdt's conm~ents and said that be is a member of Amateur Radio Service and this amendment would put him out of business as far as his hobby is concerned because his antenna is 26' across and that it doesn't take up much airspace. He said he would like to work with Fregonese ............ ~ ..... continued 1/3/84 p.Z Mechanical Device Amend, public hearing cour~ued SO CONDITIONAL USES FREEWAY SIGNS drafting gpecificaL~iens and mould like to see it exclude all emateul: i:~d:io slit] emergency equipment. Efll~ott lleinc!rt, Chamber of Commerce, said be agrees with the proposal generally and f,'.~e] s that although people should be able to have the sattilitc d'{shes he feels they should be kept out of view. Reinerr adoled that he feels the amendment should not ~sk people to take their dishes already ~nstal]ed down. A man in the andience recommended that all amateur anEennas and any structure used for commercial purposes be excleded. At this point the public bearing was cloaked and discussion turned back to Council. Acklin expressed concen~ over Dale's suggested recommendations and said she is not sure Cot, ncil is ready to act on proposal. Reid agreed bnt said she bates to ask these people what have already gone to many meetings to come back to hear a new proposal, Laws said that antennas used by amateur radio users should be excluded. Acklin said that in looking the ssttelite situation over she found people to be sensitive to their neighbors and didn't think too ranch control by ordinance necessary, Fregonese said many complaints have come in and that is why the matter is being addressed this way. Council agreed that more work needs to be done on the revision of the ordinance and Laws moved to direc't staff to bring back an ordinance to implement the proposals discussed including exemption of mast antenna; Smith seconded the motion. Dale moved to amend motion to change language of Sec. 18.68. 140(C) by adding "or visible from a public street" after the word "sideyard". The motion died for the ~ack of a second. On original motion by Laws no one voted in favor on voice vote. Ackliu then moved to instruct staff to bring back an ordinance taking into consid- eration the concerns expressed; Howard seconded and Howard, Reid, Acklin, Laws and Smith voted in favor on voice vote. Dale opposed. The amendmerit relative to building heights in SO (College) Zone was reviewed by Fregonese and the public hearing was opened. There was no comment from the audience and Medaris closed thu public hearing. Laws moved to ask staff to bring back ordinance as reco~nended. Howard seconded the motion and asked what would happen if SOSC built a multi-story Museum and Fre gonese said a CUP would be required. On voice vQte the motion passed unanimously. Fregonese reviewed the recommendation to allow one freeway sign for each lot in addition ~o the signs allowed by 18.96.090 of this Chapter and the public hearing was opened. Elliott Reinert supported the recommendation and was the only person commenting from the audience. Tbe public hearing was closed and Laws moved to instruct staff to bring back an ordinance with recommendation; Acklin seconded the motion which passed unanimously on voice vote. .......... continued 1/3/84 P. 3 ,iiiJ(jATIONS, PETITIONS Pavem~.nt Cut Request Long Wr~y Ease~i;enr Dept. of Public Safety Report A ~equest by C. P. National to cut street pavement under moratozium ~ 51 Cresham Street was read and Dick Reisinger was on hand to explain the request saying that because of the age and leaking condition of the gas service at that address and because such service hadn't been used for over a year, it ~as decided to retire the service. Raising- et said that ~ha home has recently been sold, is now occupied and it is imperative that the people have service for the heating and range. A real estate agent reviewed the background of the situation saying the people who purchased the home have been occ~pying the residence for three weeks and cited the need as an emergency. Laws said that a one foot cut from the curb should not be a problem but wondered why the gas company removed the service completely. Relsinger said it was a matter of economics and Laws moved to grant permission for cut proviaed such cu~ is done in a judicious manner. lieward seconded the motion which passed unanimously on voice voue. A letter from John Eads, Attorney representing OscarV. Johnson, 611 Long Way, was read asking that Council reconsider its Decem- ber 20, 1983 action to allow access over a portion of an unopened street (Long Way) for one residence° City Attorney Salter said the deed conveying the land to the City for street purposes was not a street plug a~d thus the Council could allow easements to serve property to the South. Salter added that it would not be in orde~ to reconsider the action since the easement has already been recorded City Administrator Almquist pointed out that to allow access for one residence is not opening a public street. Acklin said if further development was requested it would have to go through the planning process. Eads said that the decision should have been made through the planning process in a public hearing. Salter disagreed, stating that the land was not deeded as a street p]ug nor was it required as a part of the original subdivision approval by the Planning Commiss- ion, but simply deeded for future street purposes. Laws said Council felt there would be no objection to allowing once residence access and that it wasn't a planning decision to open up the strip. Laws said if the action is not felt appropriate and is legally challenged, then it would be a decision for the Court. Oscar Johnson asked Council why his original petition had nos been answered and Almquist said that the petition was premature in that no plan for development had been made at the time and added that the dedication for the f~ture street had been recorded in 1965.and again in 1969 and had been accepted by the City who paid the recording fees on both occasions. Director of Public Safety Lively reporting on reorganization progress and noted proposal of creating two new positions to implement plans are in the form of a Resolution later on the agenda. Lively said he has not been able to use 9-1-1 funds because they must be used for communications and enhancement of 9-1-1 system. Lively said the St~t funding will be used for the Communications Center Supervisor's salary and fringe benefits. Uncollectible Utility Bills Handicapped Status Finance Director Nelson~s memo was read requesting write-off of uncollectible utility bills and Acklin moved to approve; Smith seconded the motion which passed unanimously on voice vote. A memo relative to Nondescrimination of the basis of Handicapped Status was read from Director of Finance Nelson and the Resolution implementing same was read. Smith moved to adopt; Reid seconded the motion which passed unanimously on roll call vote. PUBLIC FORUM No comments from the audience. ORDINANCES, RESOLUTIONS & CONTRACTS Electric Meter Location Ordinance Krebs Annexation Ordinance Krebs Annex. Withdrawal from JC Fire Dist #5 Rezone Krebs Annexation Citizens Involvement Customer Accounting Greenway Annexation Withdrawal from JCFD#5 (Greenway Annexation) Second reading by title only was given an ordinance relative to the location of electric meters on new residential structures and Acklin moved to adopt; Smith seconded the motion which passed unani-- mously on roll call vote. Second reading by title only was given an ordinance annexing propert5 located on the West side of Park Street, South of the T.I.D. ditch (Krebs Annexation) and LaWs moved to adopt and that fees be paid before documents are signed; Dale seconded the motion which passed unanimously on roll call vote. Second reading was given an ordinance withdrawing recently annexed property from Fire Dist. No. 5 and Acklin moved to adopt; Dale seconded the motion which passed unanimously on roll call vote. Second reading by title only was given an ordinance rezoning recentl5 annexed property from County RR-5 to City R-5 was read and Laws moved to adopt; Smith seconded the motion which passed unanimously on roll call vote. Second reading by title only was given an ordinance amending Chapter 2.27 of the A.M.C. relative to Citizens Involvement in Plan- ning and Smith moved to adopt; Laws seconded the motion which passed unanimously on roll call vote. Second reading by title only was given an ordinanc amending Chapter 14.02 relative to customer acconnting policies for delinquen~ accounts and Smith moved to adopt; Laws seconded the motion x~ich passed unanimously on roll call vote. First reading was given an ordinance annexing 48.32 acres of prop- erty located North of Nevada Street and West of Oak Street (Green- way Annexation) and Smith moved to second reading; Laws seconded the motion which passed unanimously on roll call vote. First reading was given an ordinance to withdraw Greenway property ~rom Jackson County Fire Dist. ~5 and ~oward moved to second reading; Dale seconded. On roll call motion passed unanimously. Rezone of Greenway Annex. First reading was given an ordinance rezoning Greenway Annexation property from County RR-5 to City R-1:7.5 and Laws moved to second reading; Acklin seconded the motion which passed unanimously on roll call vote. 1/3/84 P. 5 Ashland City Council 1/3/84 B~kelane Established Mr. W. H. Lindstrom, 460 Walker Avenue objected to the proposed Resoletion to establish a bikelane and prohibit parking on the East side of Walker Avenue from Ashland Street to the railroad ~racks. Lindstrom sa~d the proposal bas come up before and that it creates a serious parking problem by moving people to Parker St, to park and doesn't feel it will benefit anyone. Linastrom exprcss~ concern for small children on their bikes. Mrs. Lindstrom asked Councfl how they would like to bave their parking taken away. Acklj said she has the same problem and its something you lear~ to l~ve with. Acklin asked Lindstrom if she has off-street parking and she said they do for one vehicle but not tbe other. Councilwoman Smith said that efforts are beiag made to notify Principals to send mamas to staff and employees at tbe school to use school parking rather than the streets. Mayor Medaris said that perhaps limited parking could be considered. Acklin said there are problems on many of our streets but this seemed to be the only alternative in this instance. Ted Loftus, who lives on Indiana Street said he has children who would use the bikelane and would prefer to have them facing traffic. Smith said the matter was researched from every angle and that it was determined that it would be dangerous going two ways on one bike way. Smith said she feels the decision was best under the circ~lm.- stances and that she is satisfied with the Resolution. After the resolution was read Acklin moved to adopt; Smith seconded the motion which passed unanimously on roll call vote. Smith said she would notify the Lindstroms of any future meetings relative to the bik~lan Public Safety Positions A Resolution crsating two positions in the Department of Public Safety was read and Acklin moved to adopt; Laws seconded the motion which passed unanimously on roll call vote. Other business None Press Conference Adjournment The meeting adjourned at 9:40 P.M. L. Gordon Medaris City Recorder Mayor 1/3/83 P. 6