Loading...
HomeMy WebLinkAbout1982-0601 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL June 1, 1982 PLEDGE OF ALLEGIANCE AND ROLL CALL APPROVAL OF MINUTES PUBLIC HEARING Appeal of PC 82-24 Decis- ion- Robertson, Appellant Duane Smith, Applicant Alley Paving located bet. Helman & N. Main Sts. Mayor Medaris led the Pledge of Allegiance and called the meeting to order at 7:30 P.M. in the Council Chambers at Civic Center. Howard, Dale, Acklin, Laws and Peterson were present. Sims arrived o ents late. ~e~erson moved to approve minutes of 5/18/82, Laws seconded the motion which passed unanimously on voice vote. Postponed momentarily due to the absence of Appellant Robertson. City Administrator Almquist reviewed the front footage costs based on a 2:1 ratio for commercially used properties abutting the pro- posed alley paving project and noted the three property owners The Mayor opened the public hearing and asked for those in favor of proposed paving to address Council. No one spoke in favor. When the Mayor asked for opposing views Roanne Lyall submitted a statement and asked that it be made part of the record. Lyall reviewed the statement relating the circumstances, need for alley etc. and asked Council to reconsider the proposal based on the original cost of $14.00 per front foot to be share equally by each property owner. George Bock, 123 Central, said that his property faces Central and that in order to benefit by the alley he would have to remove part of his fence. Bock said he doesn't feel he should pay for something he doesn't need and hasn't asked for. R. Liable, Central Street said there was no problem with the alley until the N. Main Inn came in and cited problems caused by drainage into her property. Liable said she is not opposed to the Inn being there but opposes the cost of the alley paving. Mark Ahalt who owns the Ashland Hostel said he could not understand the contradictory position the Council took at the last public hearing countering the Planning Commission. Ahalt said his is not conunercial property and that he is operating under a CUP which makes it necessary for him to renew use each year. Ahalt said he has computed the number of cars using the alley (his clients) and said the total averages 1.5 cars per night. Ahalt pointed out that Bard's Inn customers do not use the alley unless they are lost. Ahalt said he supports the equal sharing assessment plan first con- sidered and no other formula. Betty Bamforth said she supports the statements made by Lyall and Ahalf and that the apartment in connection with her residence is not a rental but a unit used by her family ocassionally. Bamforth closed by saying she supports the alley paving. Mayor Medaris closed the public hearing. Peter- son asked Director of Public Works Alsing if paving will take care of the water problem noted and he said it would by having a contour which would carry the water down the center of the alley to a small drain on Central. Almquist noted there was a 73.9% opposing the proposal. Bamforth said she supports paving but opposes the 2:1 ratio between commercially benefitting and other property owners. Bamforth said she favors paving at the $14 figure; Ahalt spoke against the proposal at the 2:1 rate as did Lyall. continued 6/1/82 P. 1 Regular Meeting Ashland City Council 6/1/82 P.2 Alley paving public hear- ing (bet Helman & N. Main) Appeal of PC 82-24 Decis- ion - W. L. Robertson, Appellant/Duane Smith, Applicant Salter said with the 2~3 majority against the project, we cannot proceed. Laws moved to table; Sims seconded the motion. Council urged the property owners to come up with a reasonable solution and Council could start over by readvertising etc. so that another public hearing can be held. On voice vote motion passed without opposition. The City Administrator read aletter from William L. Robertson relative to his request for an appeal regarding PC Action 82-24 as it pertains to the Applewood Subdivision applied for by Duane Smith. Almquist asked that Staff Report dated April 14, 1982, Findings of Fact,Planning Application dated 2/20/77, Alsing letter dated 4/19/78 relative to beginning the project before acceptance and signing of the subdivision plat, Schedule for Installation of utilities and issuance of building permits in subdivisions, Agree- ment between subdivider & City, letter to Smity from Winterowd, Planner for City of Ashland, staff report of 8/4/77, public notice of intent to subdivide and a memorandum to Dale Himes, Planning Tech. for C of A from Alsing connnenting on the subdivision. The public hearing was opened and W. L. Robertson expressed concern that the proposed development had gone from 6 lots to 22 lots and the condition of the soil described by Robertson as being composed of strata of earth not cohesive. Robertson recommended the City consider the need for a "hold harmless" agreement to be provided from the developer (Du~ne Smith) to preclude a rash of suits should weather conditions etc. cause slippage of the lots as have been experienced in different areas of California over the last Winter. Robertson said the City is responsible to protect itself from such a calamity. Robertson said he is also concerned that the slope is now forty (previously thirty) and that two lots are 48% and should not be built on. The City Attorney said that if restrictions are placed in the deeds as suggested, the developer would never sell a lot. Richard McDonald, 469 Walnut Street asked Council if they considered the problem of water availability saying that there is very low pressure at his home. Robert Carey, 527 Walnut commented on the low water pressure and also asked questions about the subdivision being discussed and whether the landscaping would be done before the lots were sold. Atsing commented on the water pressure on Walnut and said there shouldn't be a problem with pressure there and that the area would be checked for a problem. Fregonese said the landscaping would be complete before the lots are sold and if not would be under bond anyway which would assure the work being done. Catherine Carey added that the odd/even formula wouldn't work on Walnut as the homes are all on one side of the street. Duane Smith, 639 Prim Street said he had installed a 10" line from Walnut to Prim Street and the subdivision will not affect the water pressure of the surrounding area. Smith said he had originally applie~ for six one-acre lots but that the .... continued 6/1/82 P. 2 Regular Meeting Ashland C~ty Council 6/1/82 P. 3 Robertson Appeal cont. 1982-83 Budget maintenance of such a parcel caused him to question the concept. Smith reviewed his proposed subdivision and showed the area with the open space amenities and described how plans are made to built on the lot line to afford maximum privacy for each property owner. Smith said there are deed restrictions on the type of house, roof etc. to protect the development. Smith said he has a firm in Portland which has house plans for slope development etc. and that the plans chosen by the buyer would come with the cost of the lot. Smith asked that all of the documents, exhibits etc. from the Planning Commission actions be made part of the record. Smith said he did not think it fair to ask that he sign "hold harmless" agreement saying that he has built probably more houses than any builder here in Ashland on the slopes and said he hasn't had a problem yet relative to erosion etc. Dale agreed that Smith shouldn't be set apart from other contractors by being asked to sign such a document. Of the soil on the site Smith said that two or three feet down the soil is stable. John Chmelir, regis- tered Civil Engineer discussed the properties of Granite compared to the soils mentioned where problems with mudslides etc. have taken place in California and said they are of a sandy-silt quality which is prone to slippage. Smith was asked if liability was discussed on Planning Commission level and he said it hadn't. Smith said he would like to cooperate with the City but would have to discuss the matter with his attorney before he went into it further at this time. The public hearing was closed and Laws moved to deny appeal and uphold Planning Commission's decision with its conditions plus another condition which would require that water pressure problem be investigated by the City Engineer so any problem could be corrected before final acceptance of the subdivision, and that Findings be accepted; Howard seconded the motion which passed unanimously on voice vote. Almquist reviewed documents presented and said the-Federal Revenue Sharing is balanced with $47,675 being allocated for Social Servi- ces requests and the $7,500 request from the Library has been Withdrawn due to the County funding more than previously expected. State Revenue Sharing funds of $97,000 will be received and as in the past it will be earmarked for Fire Department support. Suggested amendments to the 82-83 Budget were reviewed in a memo from the Director of Finance which noted improvement in property tax collections reflecting a savings of 2%. The 2% increase would reduce the tax levy to $2.48 from the previous $2.53 per thousand and yield $5,088 more than anticipated. Based upon a more recent forecast, an additional $34,000 can be added to the estimated July 1 fund balance. During the Budget Committee proceedings, concern was expressed about the small size of the General Fund's Operating Contingency and it is recommended the above savings of a total of $39,088 be added to that fund. Almquist reviewed "force account" costs requested by the Budget Committee. The Airport rip rap job will involve approximately $4,200 in City labor & equipment rental, plus $4,800 in msterials. ......... continued 6/1/82 P. 3 'Budget Public Hearing cent. Minutes of Boards, Comm. etc. Alley Vacation Petition YMCA Letter of Transmittal - Bond for Facility Proposal Paving of three parking lots.in Lithia Park will cost approximatell $7,034 in labor and equipment rental, plus $11,452 for material. Such expenditures will be added to the Street Department budget. Howard moved to add "force account" costs to budget; Laws seconded the motion which passed unanimously on voice vote. Mayor Medaris opened the public hearing on proposed Federal Revenue Sharing, State Revenue Sharing and proposed 82-83 budget. There was no r~sponse from the audience and the public hearing was closed and Almquist noted the Ordinance would be read later in the ag~hda. Peterson moved to accept and place on file minutes of boards, committees and commissions; Howard seconded the motion which passed unanimously on voice vote. A petition for vacation of an alley in Block C was received and memo read by the City Administrator. Almquist said there may be a problem with pole lines and that access would have to be maint- ained for repairs & pole replacement. Wallbank, who initiated the proposal said he was quite certain that there are no poles in the alley he is proposing to vacate. The item was postponed until the next meeting for a report from the Director of Electric Utilities. Mayor Medaris clarified his affiliation with the Y in answer to public comment that he could have a conflict of interest by saying that he attend two board meetings, one in July and another in November, Medaris said he took a leave of absence and did not participate in any action relative to the business at hand. The Mayor read the Conflict of Interest law as it applies to Council which read in part that the participant would have financial gain by actions taken. Medaris said he has resigned because of Mayoral duties', and further that he had no financial gain. Pat Flannery, 720 4th Street, Executive Director of YMCA reviewed the work done by the Bond Study Committee and said the Y proposes to assign assets to the City for bonding purposes and when bond retires the City would assign the property to the Y for a token of $1.00~ Flannery explained the City would be owner and would lease to the Y in the lifetime of the bond. Flannery said he has a petition signed by 800 requesting that matter be placed on the ballot. Don Hartkopf, 907 Mary Jane asked Flannery how much it costs to maintain a swimming pool for a year and Flannery said that the maintenance costs were figured on the entire facility. Flannery added that the Y is aware of the expense of the swinnning pool being the most costly of the facility. Flannery said the swimming pool has been made.part of the plan because most people felt the need. On Hartkopf's question as to how pledges can be collected, Flannery said they have an independent audit firm who tests the 6/1/82 P. 4 Regular Meeting Ashland City Council 6/1/82 P. 5 pledges and that the majority honor their pledges. Flannery said that the Y has 2100 family units and that a questionnaire has been sent asking if they would support the bond issue and that 85% said they would by continuing to pay their pledges. Sims asked what would happen to the people who already paid their pledge if the bond issue should fail. Flannery said it would be board members would decide the method but refunds would be made. John Maurer M.D. of Ridge Road spoke in support of going to the peoplein an election saying that when the pool was voted down the concept of the full facility was begun realizing that a pool is needed in this town. Mauer said it will be a unique family comm- unity facility. Mauer said Ashland is unique and people who move here are doing so for the environment and sacrifices have been made to provide for more l~vable conditions for their families. Mauer said that if the Y got into financial difficulties the City would not be losing since the appraised value of the facility is set at 4.8 million dollars and 2.5 million is being asked for construction of the complex. Fran Taylor, 450 Ashland Street, said she supports the Y plan and Pat Flannery and any Council presenting obstacles does not represent her or her family. Chuck Lemar, 809 Hillview s~oke as President of the YMCA Board of Directors saying that during the study session placing the issue on the November election was discussed and Lemar reiterated the need for resolving the need sooner due to projected rise in interest. Lemar said the construction project is needed at this time for the economy of the community. Lemar said the Y is look- ing for a clear mandate for the people of the City of Ashland. Lemar said if the projec~ gets started soon it could be ready for the summer of 1983. Lemar said he hoped the Y could build at the low cost and therefore he is interested in getting the matter on the very first available ballot. Lemar concluded by asking con- sideration by Council to approve the bond issue for the Special Election ballot on August 10. Wes Smith, 1386 Woodland Drive, Secretary to the YMCA supported the August 10 date because he felt the special election would deal with the issue specifically rather than being obscured in the general election. Harthopf said more people vote in general elections than in special elections. Pete Hawes, 1300 Courtney said that he would think that a more informed membership would go to the special election. 6/1/82 P. 5 Regular Meeting Ashland City Council 6/1/82 P. 6 ¥MCA Bonding cont. EDC Seminar Appeal from Planning Commiss- ion Action 81-25 Kensington Subdivision L.I.D. Quarry Report David Beamer, 333 Patrick Lane, supported the special election concept for the reasons stated and although he feels many people are in opposition, it is time to place the matter before the voters. Beamer said he doesn't think it is going to be easy but they have one of the best programs in the State. Beamer said recreation opportunities will lend to character building in young people and benefit the community at large in many ways. The public hearing was closed and discussion turned over to Council, Howard said he is interested in bringing up the question of risk involved by the City and said he felt it is. Howard said there should be some stipulation made to insure protection for City. Howard brought up the question as to whether the City would want to get into that kind of operatiDn should the Y fail. Howard said he felt the special election showed poor experience in getting voters out. Laws summarized the proposal saying it would be nice to have a year-around swimming pool etc. but felt he needed answers on whether the Y could make its payments should the pledges not come in or an insufficient number of members sign up because of the charge. Laws also said the program may discrimin- ate in the event those who cannot afford to join m~y be too embar- assed to accept offer to participate. Laws moved to approve in concept and put the question before the voters in the November General Election and that major questions relative to an agree- ment be dealt with previous ~o the election. Peterson seconded the motion which passed with Howard, Sims, Laws and Peterson votin~ in favor. Acklin and Dale opposed and the motion carried. City Administrator Almquist read a memorandum relative to a seminar being held on June 10. Almquist noted that John Fregonese will be on the panel with the new Director of LCDC. For informa- tion only. Almqnist read a letter appealing a Planning Commission decision as it relates to Litbia Homes of Ashland. Almquist noted that the applicant would not be available for the June 15 meeting and since it would take some time suggested that Council consider an adjourned meeting on June 22, 1982 at 7:30 P.M. Counci~ agreed and the public hearing was set for that time. A petition for improvement of Kensington Subdivision with curb, gutter, paving, utilities and other items necessary to complete the required subdivision improvements was presented with the nec- essary s~gnatures in favor and Almquist noted there was a Resolut-' ion setting a public hearing later on the agenda. A memorandum from the City Attorney relative to quarry uses according to State law was considered and Planning Director Freg- onese reported that the Attractive Nuisance section of the Code must be enforced and that noise standards are being considered for an ordinance to replace the present noise section of the nuisance which is too vague. Fregonese recommended that a reclama- tion ordinance be considered with bonding for assurance and said 6/1/82 P. 6 Regular Meeting Ashland City Council 6/1/82 P. 7 Quarry operation cont. that work is being done on the "attractive nuisance" section of the ordinance and that two more ordinances will be drawn up. Freg- onese said it would be necessary for the property owner to indicate long term plans for the property after the present use stops and there is a seven and one half acre excavation in a single-family neighborhood. Claude Benson report on behalf of the Westergaards saying that he would like to see the rest of the ordinance to see if other places are considered dangerous as "attractive nuisances" and cited ~rrigation canals, reservoirs etc. Benson said in an effort to mahe it safer it is being advertised by recent concerns and that .it is almost impossible for anyone to climb in that loose gravel. Benson said if there would be required a barrier, it would have to be movable. Benson said he would expect that all quarry operations have the same ground ~ules. Sims moved Staff enforce ordinance; Acklin seconded the motion. Peterson amended motion to direct Staff to work with Quarry Committee to draft ordinance for the second and third items (noise & reclamation) and Acklin sec- onded the motion which passed unan{mously on voice vote. FINANCIAL REPORT PUBLIC FORUM ORDINANCES, RESOLUTIONS & CONTRACTS Privilege Tax - PP&L Oak Knoll Customers Disorderly Conduct N. Main & Helman Alley Pav. Z~evying Taxes ~r,D. No. 50 &Ptn of 49 ~Zactric Service Connect rate Accepted and placed on file. Eric Wallbank requested approval by Council for serving food and beverages on his front porch of the Fourth Street Saloon saying that he has received approval by OLCC and that time is of the essence for approval since the builder is ready to begin the project and the next meeting action would be holding him up. Howard moved to approve noting Chief Lively recommendation; Sims seconded the motion which passed with all AYES on voice vote. First reading was given an ordinance imposing a privelege tax on Pacific Power & Light Company within the Oak Knoll Subdivision and Peterson moved to second reading; Howard seconded the motion. On roll call passed unanimously. First reading was given an ordinance pertaining to disorderly con- duct and Howard moved to second reading; Acklin seconded the motion which passed unanimously on roll call vote. Tabled at public hearing. First reading was given an ordinance levying taxes for fiscal year 1982-83 and Acklin moved to second reading; Peterson seconded the motion which passed unanimously on roll call vote. First reading was given an ordinance authorizing the issuance of City Improvement Bonds in L.I.D. No. 50 and unbonded assessments from L.I.D. No. 49 and Peterson moved to adopt; Sims seconded the motion and on roll call the motion passed unanimously. Second reading by title only was given an ordinance amending Ordin- ance No. 2195 relative to electric service connection rates and Acklin moved to adopt; Sims seconded & unanimously passed on Regular Meeting Ashland City Council 6/1/82 P. 8 ORDINANCES, RESOLUTIONS & CONTRACTS cont. Position Classification L.I.D. No 49 Bonds Playground Restrictions Budget Adoption 82-82 Transfer of Appropriations Canvass of Vote Kensington Subdivision Improvements Jackson County UBG Agree- ment - North Interchange Tree Cutting Woodburning Ordinance Second reading by title only was given an ordinance amending the position classification manual and Peterson moved to adopt; Acklin seconded the motion which passed unanimously on roll call vote. Second reading by title only was given an ordinance authorizing issuance of bonds in L.I.D. Noo 49 and Sims moved to adopt; Acklin seconded the motion which passed without opposition on roll call vote. Second reading by title only was given an ordinance amending the Ashland Municipal Code pertaining to playground restrictions and Howard moved to adopt; Acklim seconded and the motion passed unani- mously on roll call vote. Resolution was read relative to the adoption of the budget for 82-83 and it was noted that the Operating Contingency of the General Fund should be increased to $278,731 and other changes noted on green sheet submitted in packet. Acklin moved to adopt as modified; Sims seconded the motion which passed unanimously on roll call vote. A Resolution transferring appropriations within funds was read. Peterson moved to adopt; Dale seconded the motion which passed unanimously on roll call vote. A Resolution and Mayor~s Proclamation concerning canvass of vote for Special Election on May 18, 1982 relative to Water System Improvement Bonds was read and Sims moved to adopt Resolution and sign Proclamation and Peterson seconded the motion which passed unanimously on voice vote. A Resolution setting a public hearing on proposed formation of an L.I.D. for improvements to Kensington Subdivision was read and hearing set for June 15, 1982. Acklin moved to adopt; Sims seconded the motion which passed unanimously on voice vote. A Memorandum of Agreement with Jackson County concerning provisions of sewer service outside present City Limits and revised Urban Growth Boundary Agreement were reviewed and Sims moved to author- ize signature; Peterson seconded the motion which passed unanimously on voice vote. Sims asked for a report relative to tree cutting in the City and of root cutting during sidewalk repair project. Laws recommended an ordinance be drawn up to repeal the wood- burning ordinance until such time as a less stringent one can be drawn and Council agreed. City Attorney Salter said he would make one available. Laws said the first reading should be given 6/1/82 P. 8 Regular Meeting Ashland City Council 6/1/82 P. 9 WOODBURNING ORDINANCE when Council meets for study session with the Airport Connnittee at 4:00 P.M. at the Civic Center on June 3, 1982. Laws added that an emergency clause be placed in the ordinance. Counil agreed. ADJOURNMENT at 12:05 P.M. Nan E. Franklin City Recorder Council adjourning the meeting to Thursday, June 3, 1982 at 4:00 P.M L. Gordon Medaris Mayor