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HomeMy WebLinkAbout1981-0804 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL August 4, 1981 ROLL CALL APPROVAL OF MINUTES (Regular Council Meet.) PUBLIC HEARING East Main St. Improve- ments at Justice Ctr. COMI{UNICATIONS Minutes of Boards etc. Metro Van Service UNFINISHED BUSINESS Heat Pump Ordinance Mayor Medaris led the Pledge of Allegiance and called the meeting to order at 7:30 P.M. on the above date in the Council Chambers. Dale, Acklin, Peterson and Laws were present. Howard and Sims were absent. Peterson moved to approve minutes of July 21, 1981 regular meeting and Acklin seconded. Mayor Medaris asked for clarification on page three, second paragraph. Minutes were corrected to read "Sims moved to uphold the appeal, adopt the findings submitted by the applicant along with conditions and including condition added that would call for same type architecture be used in addition. On roll call Sims, Dale, Acklin and Peterson voted in favor of the proposal and Howard opposed. Motion carried." Almquist read a memorandum from the Director of Public Works propos- ing replacement of curb, gutter and sidewalk on East Main Street at Justice Center. Mayor opened the Public Hearing and in the absence of any response from the audience, closed same. Almquist said there will be a Resolution later on the agenda. Acklin moved to accept minutes of Boards, Con~nissions & Committees as submitted and Laws seconded. Motion passed unanimously on voice vote. Deferred until next regular meeting. The City Administrator reviewed the background of the proposed heat pump ordinance to set standards for noise in order to protect per- sons bothered because of proximity of pumps in some cases. Almquist said the ordinance has been postpon~ until such time as the local building contractors could research and have input in proposal. Almquist told of meeting with builders and representative of heating and airconditioning facilities in order to receive input from them. Almquist said that usually the property owner locates the unit where it won't bother him but invariably locates it closer to the neighbor. Terry Obteshka from the Portland DEQ office who is their noise control specialist reported on the allowable DBA units allowable in different large cities ranging from 45 to 50 DBAs and said that heat pumps do cause problems most of which can be lessened with the use of plywood, landscaping or enclosure of accoustical materials. 0 bteshka said he had contacted Marquess & Associates in Medford who reconmended that a variance be provided and that persons who enforce standards be experienced in the field. Obteshka said that concrete enclosures and berms make a tremendous difference. He went on to say the Carrier Heat Pump is a good system. O bteshkanoted that the State of Oregon DEQ does not enforce but preferred to leave the regulatory provisions to the local jurisdictions. .... .-..continued 8/4/81 P. i Regular Meeting Ashland City Council 8/4/81 P. 2 HEAT PUMP ORDINANCE cont. Darrell Boldt, 1950 Tamarack Place, said he seriously questions the need for an ordinance and asked that it not be passed into law. Boldt said we already have too much government with its regulations. James Davis, owner of National Heating & Air Conditioning said he has installed 115 heat pumps in the last three years in Ashland and has yet to get a complaint on moise. Davis said that he installs four different units and that it would be almost impossible to meet the 45 DBA criteria at 25 feet and that the requirement being pro- posed would raise already high energy costs and the saving as a result of heat pumps should be encouraged to conserve energy and money. Barry Peckham, 40 Granite, said he would hope residents would lean toward solar systems as are beginning to be implemented in the City and urged that quiet neighborhoods not be invaded by the noise of heat pumps and said there are systems without fans which would keep noise down. at A person living/235 Granite Street said there are people who are bothered by noise of heat pumps and other motorized instruments who do not realize they have the right to complain and many who are actually stressed by noise impacts subconsciously. The speaker urged controls to protect citizens from as much noise as possible. Terry Obteshka said the State uses the 25 foot criteria because most living outside the home on patios, barbecue & recreation areas are within that perimeter on average size lots. Laws said that he has heat pumps on both sides of him and that the installations are with- in the 25 foot space but he hasn't complained because he likes his neighbors. Laws said he should have complained before the people moved in but feels it is time to protect people by regulating the decibels of the units and encouraging baffling by different techni- ques such as landscaping, enclosing units etc. and other methods mentioned in the discussion. Obteshka reconmended variance provis- ion be used. Laws move that variance provision be implemented and ordinance post- poned until it can be modified and brought back to next meeting for first reading; Peterson seconded and on voice vote passed with all in favor. LITHIA HOMES FINDINGS Findings on first application regarding Planning Action No. 80-96 were submitted and Peterson moved for adoption; Dale seconded the motion which passed unanimously on roll call vote. Adoption of findings regarding Planning Action No. 81-25 was con- sidered and Almquist called attention to #38 on page 7, a & b, and recommended that provision be written into the clauses which would place perpetual responsibility of fuel break so that what was done initially would be carried on. Almquist and Fregonese agreed that a Homeowners Association would assume that responsibility and would be initially funded for same by developer in construction phasing. Salter recommended that a covenant with respect to maintenance be ........ continued 8/4/81 P. 2 Regular Meeting Ashland City Council 8/4/81 P. 3 LITHIA HOMES FINDINGS GRANITE S~. ASSESSMENT DISTRICT FORMULA contained in deeds to assure perpetual maintenance of fuel breaks. Almquist noted that #39 was not a part of the original findings and to add it at this time would not make it enforceable but added that he would strongly recommend fire retardant materials. Acklin said she had specifically asked for such controls in view of the fire storm possibilities because of the natural environment. Acklin added she still believes it to be necessary. Laws moved to adopt findings with omission of b and c, #38 and that Salter's reconnnenda- tion relative to covenant in deeds to assure perpetual maintenance of fuel breaks be written in; Acklin seconded the motion which passed with Dale, Acklin and Laws voting in favor of the motion. Petersen abstained not having been present at the meeting (public hearing) and not having reviewed tapes. Motion carried. Co~itteemember Laws reported on assessment formulas and thoroughly reviewed Proposal No. 1 and recommended its use to spread the costs of assessment district basically with 50% by street frontage; 25% by developed area, excluding City property and 25% by units both existing and potenti~hnu~ws explained that deviation from the f on f usual r t ootage/was conceived by the concept of benefitting property owners for the unique area considered. Almquist said if Council agrees with Committee's reconnnendation a public hearing should be set to hear all persons. Bill Moore disagreed on all proposals saying they all assess 50% on street frontage and the applicant owns 40 plus acres which could accommodate one unit per 2.5 acres as the zoning now stands and that mere houses could conceivably be allowed are the P.U.D. roads are constructed. Moore stated that the six Kennedy acres were included and assigned 6 projected units and the land was placed into open space because of the steep terrain which would make the property unbuildable. Moore said Lots 1104 and 1700 have been denied building permits yet have been assessed on two unit basis; Lots 1500 and 1600 were projects for two units but they do not have road access. Moore said Lot 1105 received a projected unit even though a building permit is questionable. Moore mentioned that the Smay property was excluded and the Salner and Fisher lots were not included. Moore concluded his criticism of the criteria by saying the three proposal~ still do not give the applicant the burden in proportion to his ownership for future benefits of the paving improvements. Moore recommended that a 50% frontage and 50% area would be the only solution he could accept. Laws said since technical problems have come up and an apparent lack of information that the matter should be coordinated with the Planning Commission. Dale moved to return matter to Committee; Peterson seconded.~ Council was questioned on what action was to be taken on the appeals which were heard at the special meeting of July 14, 1981 and Laws explained that on that evening it was decided to allow the twenty eight units and to for- mally adopt the findings at this meeting. Moore asked Council if it agreed with the Planning Co~ission's findings on which a decis- ion is to be made and Laws moved to put matter of formal final action of the appeals on the Lithia Homes question; Peterson sec- onded the motion. Laws withdrew motion and Peterson withdrew second as there was a motion on the floor. ....... continued 8/4/81 P. 3 Regular Meeting Ashland City Council 8/4/81 P. 4 ASSESSMENT DISTRICT cont. LIQUOR LICENSE RENEWALS SCHOOL ZONES Nell Benson asked who would maintain the fuel break of the open space reserve of some ten acres and Almquist & Fregonese agreed that it would be the responsibility of the homeowners association to maintain. Mayor Medaris said he could understand the confusion because of the emotional issue and agreed that Council had agreed with concept of twenty eight units at the special meeting on July 14, 1981 but needed to formally adopt the findings to make the decision final. Liquor license renewal applications were submitted from Safeway Stores, Rondo Lanes, Elks Club, Chateaulin Restaurant, Oak Tree, Pioneer Foods, Ashland Hills Inn, 7-11 Food Store and Main Street Market and Chief Lively responded that there is no problem with those applicants. Laws moved for approval; Acklin seconded the motion which passed unanimously on voice vote. A recommendation from the Traffic Safety Commission was considered which would establish school zones at Chautauqua Ranch School on Avery Street and Rogue Valley Christian School on Faith Avenue and Laws moved to appre ve and have Ordinance brought back to the next meeting; Dale seconded and the motion passed on voice vote with all AYES. NO PARKING ZONE ON SISKIYOU AT NORMAL TRANSFER OF APPROP. ENERGY GRANT (HERSEY ST. DEFER TILL AFTER NEXT ITEM) TRAFFIC COMMISSION REQUEST Council discussed Traffic Commission's recommendation to create a "no parking" zone on the northerly side of Siskiyou Boulevard from the east side of Normal Avenue easterly 325 feet and Council agreed there is no real problem relative to parking at this time and said the residents were possibly over-reacting to the newly opened lounge in the area. Should a problem develop, Council agreed to take another look at the area. Acklin moved to table; Dale seconded the motion which passed unanimously on voice vote. Laws moved to approve; Dale seconded and on voice vote, all AYES. A memo from the Planning Department was read requesting application for financial assistance from BPA for Local Electric Energy Con- servation Planning in the amount of $44,220 and the program was reviewed by Fregonese and Wanderscheid. The plan was met with enthusiasm and Laws said that ultimately the citizens will save millions in energy costs. Acklin moved to authorize application for grant; Laws seconded the motion which passed unanimously on voice vote. A memo from the Traffic Commission requesting that a bush be removed which is located on the southeast corner of Laurel and VanNess was considered. Chief Lively agreed the bush is precluding vision clearance and is a hazard. Corliss said this is the third time this bush Dro]'lem has come up and will grow back shortly if only trimmed. Chief Lively recommended removal and eterson moved; Laws seconded and the motion passed unanimous{y on voi~ vote 8/4/81 P. 4 Regular Meeting FAUS k ~erty Acquisition Ashland City Council Council was adjourned by Mayor to Executive Session 8/4/81 p.5 PUBLIC FORUM MAYOR'S APPOINTMENTS Commissions/Committees Citizens Revenue Comm. ORDINANCES, RESOLUTIONS & CONTRACTS Prisoners Lodging UTILITY CUSTOMER ACCOUNTING ORDINANCE EAST MAIN ST. SIDEWALKS EAST OF MT. AVENUE A1 Teitelbaum took exception to Council's action to table the matter arkin sign at Normal and Siskiyou as recommended by the P g Traffic Safety Commission at its July 22, 1981 meeting. Dale said the residents of that area have anticipated a problem and until it comes to pass the matter should be postponed. Laws said Council needn't always agree with recommendations and that Chief Lively had not recommended since there has been no significant problem to date. Mayor Medaris appointed Bob McCoy to the Traffic Safety Commission to fill vacancy left by Bob O'Harra who resigned. Frances Jacquemin was appointed to the Hospital Board to fill the vacancy left by Charles Lucas. Dave Bernard was appointed to the Airport Committee to fill the vacancy of Frank Parsons. Laws moved to confirm appoint- ments; Acklin seconded and on roll call passed unanimously. Mayor Medaris reported concern relative to a growing need for closer communication and confidence in local government and announced appointments of the following to head up a Citizens Revenue Committee saying the appointments come from a broad cross-section of the community. Medaris said the Ad Hoc committee will evaluate the new revenues and evaluate each City department for possible recommenda- tions. Named to the new committee were: Hal Hazelrigg Dick Bernard Ethel Hansen Hans Boldt Emile Cloutier Darrell Boldt Marilyn Shargel Ed Singmaster Marjorie O'Harra Bob Guthmiller B. D. Greene Ron Kelso Elliott Reinert Marilyn Hanna Laws questioned the need of a new committee which would do substanti- ally what the Budget Committee has been commissioned to do. Laws added that the group is not representative of the community. Acklin agreed with Laws by saying it is a duplication of effort. Dale agreed with the Mayor in that it is necessary to invite plenty of input from the community. Acklin expressed concern that the committee would siphon off more of Almquis~s and Nelson's time. Second reading was given an Ordinance by title only authorizing the lodging of prisoners in the Jackson County Jail pursuant to ORS 221.914. and Peterson moved to adopt; Acklin seconded and on roll call motion passed without opposition. First reading of an Ordinance amending an ordinance establishing utility customer accounting and termination policies to provide for repeal one year hence. Peterson moved to second reading; Dale seconded the motion which passed unanimously on roll call vote. First reading was given an Ordinance authorizing installation of sidewalks on North side of East Main Street East of Mt. Avenue and Acklin moved to second reading; Peterson seconded and on roll call all YES. 8/4/81 P. 5 Regular Meeting Ashland City Council 8/4/81 P. 6 RESOLUTION - GASOLINE AIRCRAFT FUEL TAX RESOLUTION - REAL PROPERTY TRANSFER TAX FIRE & LIFE SAFETY PLANS COUNCIL LIAISON REPORTS DELATORRE PROPERTY ADJOURNMENT A Resolution referring to the voters the question of the repeal of Ordinance No. 2143 relating to the imposition of a license tax on gasoline and aircraft fuel was read and Laws moved to adopt; Dale seconded the motion which passed unanimously on roll call vote. A Resolution referring to the voters the question of the repeal of Ordinance No. 2138 relating to the imposition of a real property transfer tax was read and Laws moved to adopt; Dale seconded the motion which passed without opposition on roll call vote. I,An application for partial exemption to allow local examination of fire and life safety plans was reviewed as submitted by Building Department with memorandum of July 31, 1981 and Peterson moved to so authorize; Acklin seconded the motion which passed unanimously on roll call vote. Dale reported on Bluebird Park saying that they will be meeting again and Council will be notified. Dale added that Jim Ragland is participating in the discussions. Mayor reminded Council that the concert put on by Guanajuato students will be here tomorrow. Acquisition of property for Hersey Street FAUS project was considered in Executive Session and Laws moved to authorize purchase of Delatorre property for $20,000; Peterson seconded and on roll call passed unanimously. Meeting adjourned at 10:03 P.M. City Recorder L. Gordon Medaris Mayor 8/4/81 P. 6