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HomeMy WebLinkAbout1980-0916 REG MINMINtFEES OF THE REGULAR MEETING ASHLAND CITY COUNCIL September 16, 1980 ROLL CALL APPROVAL OF MINUTES PUBLIC HEARING Fisher Driveway Request for reconsideration R. W. Beck Analysis BELLVIEW SUBDIVISION Mayor Prickett led the Pledge of Allegiance and called the meeting to order at 7:30 p.m. on the above date in the Council Chambers and Phelps, Ragland, Medaris, Laws and Sims were present. Ragland moved to approve minutes of the regular meeting of September 2, 1980 and Phelps seconded the motion which passed on voice vote with all YES. Attorney Don Pinnock representing Dean Fisher on the issue of the driveway access from the Bellview cul-de-sac requested that the materials making up the driveway be allowed to remain on City property for a period of six months to enable Fisher to subdivide his property through the Planning Commission, which hopefully will offer alternatives to the problem. Mayor Pricketttookissue with the new subject being introduced at a public hearing which had been advertised for reconsideration of the matter denied previously. Pinnock gave the background of Fisher's original purchase of land for subdivision which plan was scuttled when his partner failed to go through with the idea and said Fisher's part was that of the innocent party since he was given a permit to build the driveway ramp where he did for access to his property. Pinnock submitted pictures of the driveway from various neighbors' lots and Prickett refused them as evidence saying it isn't fair in light of the opponents disadvantage in that they were not prepared for the subject being discussed. Laws asked for a detailed map of the area to study before a public hearing is called. Medaris said the City should still removed the dirt from City prop- erty. Mayor Prickett set the matter for a public hearing on October 21, 1980 at 7:30 p.m. The City Administrator read A letter from R. W. Beck & Associates reporting on results of water system analysis in the southeast side of the City and said the real question is how much custion should we let go and that no further problems are anticipated like those recently experienced. No action necessary. A letter was read from Attorney Harry Skerry on behalf of the Frank Hoehners requesting that subdivision of five lots approved by Plan- ning Conmission with certain conditions be allowed to proceed with plans by eliminating the water adequacy provision. Skerry said that since recent modifications/repairs were made and that water is back to normal and there has been no moratorium placed on it that he be allowed to continue with plans. Skerry went on to advise Council that recent Supreme Court decisions give the local body the responsi- bility of granting permits etc., if water is available at the request date. Doug Clark of 1365 Apple Way said the subdivision would be connecting with an old 12" line which is already leaking and the City would be operating on borrowed time and it would be a cart before the horse situation. Alsing said that he feels that the City is in good shape in the area described as far as supply and pressure for fire protection go and that if funding for new lines is not possible 9/16/80 P. 1 Regular Meeting Ashland City Council 9/16/80 P. 2 BELLVIEW SUBDIVISION cont. CPN EMERGENCY REPAIRS Historic Preservation Home nominations Reconsideration of Appeal approval on MLP #80-44 they can be maintained by repair although it may not be the most economical way to proceed. Council discussed the fact that all of the data had not been received from R. W. Beck & Associates on which to make a decision on how many hook-ups can be made before the cushion of supply becomes uncomfortably low and discussed delaying the dec- ision. Vicki Neuenschwander cautioned Council on approval of request saying that it will bring in numerous requests just waiting for a precedent. Laws asked about building permits already issued and whether it would be safe to approve all such requests. Fregonese said there would need to be findings on housing needs etc., and permits could be selective based on findings. Skerry said in order to refuse connects the Council would have to make findings to prove the proposal would damage that area. Bill Welch, a builder, asked what the industry can expect in the way of time before getting back into the business. Laws explained that the delay has not been an effort to stop building but that Council needed to have results of the Beck study just in before going any further and that the heat wave and lack of pressure during those days caused the move to wait on compounding the problem before an analysis was in based on the facts resulting in the study. Sims moved to table until computer run on data requested is in for the next Council meeting; Laws seconded and on roll call, all YES. A letter was read from CPN Utilities advising Council of emergency leak repairs in new pavement at 1983 Crestview and 355 High Street. Letter placed on file - no action necessary. Letters were received from the State Historic Preservation Office relative to nomination consideration to the National Register of the McCall House at 153 Oak Street and the Boslough-Claycomb House at 1 Hillcrest. City Administrator Almquist related the Historic Commission's approval/recommendation in each instance. Ragland said that he had learned that both the offices of State Historic Preserva- tion and National Register look to the City for basic recommendation and that under such circumstances doesn't feel that the information the City has received nominations is sufficient to warrant the responsibility and decision making under the circumstances. Ragland said the tax breaks, loopholes in building codes have great ramifica- tions to the recipient and that careful consideration is warranted. Mayor Prickett suggested that Ragland and Sims outline what informa- tion they feel necessary so that it may be requested and the City would automatically get the background. Laws moved to approve based on Ragland and Sims' findings; Phelps seconded the motion which passed unanimously on roll call vote. A letter was read requesting reconsideration of approval of Appeal on Planning Action No. 80-44 regarding a minor land partition on Thornton Way. Phelps moved to accept letter and place on file; Sims seconded and on roll call passed unanimously. 9/16/80 p. 2 Regular Meeting Ashland City Council 9/16/80 ~.3 MLP Park & Crestview Bill Thomas App. Recreation Budget Economic Dev. Commission Replacement of Ccl. Pos.#6 PUBLIC FORUM YMCA Annexation Fees Walker Avenue Signal Public hearing set for October 7, 1980 at 7:30 p.m. Two memoranda were read from Finance Director Nelson regarding Recreation Budget with recommendations. Medaris moved to accept recommendations and that the overrealized amount be placed in City budget; Sims seconded the motion which passed unanimously on roll call Mayor Prickett submitted the name of Gerald Allen, former Councilman to serve on the Economic Development Commission. Councilman Sims criticized the method of choosing candidates for the commission with- out Council having the opportunity to speak to nominees. Mayor Prickett said his choice was made because of Allen's expertise, long standing residency in Ashland and the fact he is a businessman and realtor. On question as to term of office, Prickett said that two members come up for reappointment every year - the terms are stagger- ed. Laws agreed with Sims that those chosen until now seem to have like views and suggested divergant attitudes and backgrounds. Laws moved to approve; Ragland seconded. Phelps, Laws, Ragland and Medaris voted in favor; Sims opposed. City Attorney reported that Councilwoman Hamilton's oral resignation would be official as of September 2, 1980. After considerable dis- cussion Council decided that notice of City Council vacancy be advertised in the newspaper and that letters of application with resume' be submitted to the City Recorder no later than Friday, September 26 at 5:00 p.m. Councilman Ragland suggested Council reconsider granting of annexa- tion fees to the YMCA application for annexation in view of the fact that the fees paid by Devex would not be applicable to the new app- lication because of boundary, use, traffic, accessibility etc. would make new work and fees necessary. Ragland moved to put on agenda for reconsideration; Laws seconded based on the fact Council- members could be held liable because the costs would not be clear. On roll call, the motion passed unanimously. City Attorney Salter advised Council that if they vote to waive fee they could be person- ally responsible and recommended that fees be charged. Sims suggested that Council consider waiver since money has been spent on the work and suggested that Council has the right to grant. Ragland said he has no quarrel with that aspect but that it should go through the Budget Committee. Ragland moved to withdraw waiver and charge full fee of $1700; Phelps seconded the motion. City Administrator Alm- quist was asked to write to President Chuck Lemar to explain action and attach copy of Planner Fregonese's letter. On roll call passed unanimously. Councilman Medaris reported that he and Principal Wes Smith had gone to a hearing in Newport where the State Highway Division considered the request for a sign at Hwy 66 and Walker Avenue for the protect- ion of the school children/students and were told that some investig- ation would be necessary but promised to speed up the process. Medaris said the next meeting would be held in Salem on October 21. 9/I~/Rn P q _Regular Meeting Ashland City Council 9/16/80 P. 4 Bluebird Park Stairs Liquor License Apps. Bikepath Safety Use of Banners Ashland Comm. Health Ctr. ASHLAND COMMUNITY STORE PARKING BAY Councilman Phelps reported that he had a service club's offer to provide labor force and supervision for construction of the stairs entering Bluebird Park. Phelps assured Council the work would be done according to Director of Public Works Alsing's specifications. Laws moved to place two liquor license requests on agenda for con- sideration; Ragland seconded and on voice vote, all YES. Laws moved to approve renewal applications of Vintage Inn and Brooklyn, A Night Club; Phelps seconded and on roll call passed unanimously. Ragland reported need for signing bike path and moved to place on agenda; Phelps seconded and on voice vote, all YES. Ragland moved that Traffic Commission consider better signing at Siskiyou and Gresham where bikepath ends; Phelps seconded. Ragland displayed map of bikeways prepared by a student. On roll call, all YES. A memo from the City Administrator for use as a written policy for placement of banners was submitted and Phelps suggested including "at convenience of City" as it relates to installation by electric crews. Madeline Hill asked if this would include political, religi- ous etc. and Mayor suggested that Council reconm~end on merits of each request. Laws moved to adopt policy as amended by Phelps; Ragland seconded and on voice vote, all YES. A request by Ashland Community Health Center for permission to install street banner for "Health Center Week", was considered and a request from Sweet Adelines to install a banner to publicize a show at Medford Senior High School. Almquist recommended approval for the first request and denial of Sweet Adelines since the show is taking place in Medford. Council accepted recommendations by Administrator. A letter was read from David Orf, Attorney for Ms. Bobby Ervin, owner of the Ashland Country Store requesting constuction of a parking bay in front of her store on East Main Street. Almquist read a memo from the Traffic Safety Commission recommending that a 70 foot bay be provided for parking where the bikepath is to be located along East Main Street. Ragland said that the Bike Comm- ittee felt vehicles would be hazardous to bicyclists and requested that bay be denied. Attorney 0rf said he was not aware of the Bike Committee meeting nor was Ms. Ervin notified. Orf said there is not adequate parking on Eighth Street and urged that Council con- sider the need saying that the volume of business has already gone down and gave statistics. Ragland said that the national averages were down in the period given which could reflect some downturn. Orf said it is a unique store and mostly used by vehicles and pedes- trians who come in and out. Ragland said that two years ago the former owner requested that no off-street parking be provided because of aesthetics and Council agreed to let him get by without the usual requirement and that the matter went on for months between the Planning Commission and Council. Ragland said that item was postponed over two meetings and only three families showed up and finally the money was given back to the State. The safety factor was discussed where customers and truckers are competing for space 6o park. 9/16/80 P. ~ Regular. Meeting Ashland City Council 9/16~80-P.5 Country Store Parking cont. Airport Committee Justice Center proposal Land-use Ord./Justice Center North Interchange Report Orf said he feels Council has a moral obligation to go as far as possible so that this store can continue in business in the City of Ashland. On question of Orf as to whether Ervin is prepared to pay for the parking bay should it be granted, Orf said Ervin would contribute to the cost. Alsing said that funding is not a problem. Mayor Prickett said if the City provides a bay for parking that cottage industries would line up with requests. Mayor asked Orf how he would feel about a bay on Eighth Street and Orf said he didn't think that would solve the problem. After much discussion, Ragland moved that request be denied and Phelps seconded the motion. On motion to deny Phelps and Ragland voted in favor; Sims, Medaris and Laws voted NO. Motion defeated. Mayor said that if a bay is provided and cars are parked in the bay, the trucks will simply double park. Medaris said there should be a bay there and asked Alsing for costs. Alsing said that for two car bay it would be approximately $975; for a three car, $1200. Ragland said the bike path goes a long way and he fears for the safety of bicyclists when cars/trucks are pulling out and forcing them off the bike path. Edwin Chapman said that a bay would be 9 ft. wide and would not enganger the bicyclists. Laws moved to reconsider; Ragland seconded and on roll call, Phelps, Ragland and Laws voted YES. Sims and Medaris voted against the motion. Laws moved to deny request; Ragland seconded and on roll call, Phelps, Ragland and Laws voted in favor of denial; Sims and Medaris voted NO. A memo was read from the Airport Committee requesting a study session with Council to discuss problems, make requests and get direction for future of airport. The Airport Committee invited the Mayor or a Council person to accompany the committee on a trip to FAA in Seattle on September 23, 1980 to discuss the update of the Airport Master Plan and construction grant requests. The matter of aircraft washing service at the airport was withdrawn. Councilman Sims' memo was presented and Sims requested considera- tion of enlarging plans for Justice Center by adding enough space to accommodate meeting place and stage for use by theatre arts, public lectures, dance groups etc. Sims said that ideally stadium seating for 120 people with additional folding chairs would make for a more useable facility. Sims moved to set a public hearing to give public opportunity to discuss needs; Rag]andseconded and on roll call Sims voted in favor and Phelps, Ragland, Medaris and Laws voted N0. Ragland reported that the present land-use Ordinance would not allow the warehouse to be built there and that eventually he would like to see a central warehouse established there to replace several now scattered around the City. Ragland moved to direct Planning staff to draw up an amendment to the land-use Ordinance for this purpose; Medaris seconded and on roll call, all YES. City Attorney Salter said that 1000 Friends are agreeable to work with the City on the North Interchange dispute and that the matter is being taken to LCDC. 9/16/80 p_ ~ Regular Meeting Ashland City Council 9/16/80 P ~ ORDINANCES, RESOLUTIONS & CONTRACTS Transf. of Appropriat- ions within funds Resolution establishing handicapped parking spaces Ordinance amending taxi franchise Monthly Departmental Rep. Council Liaison Reports Nan E. Franklin City Recorder A Resolution transferring appropriations within funds was read after a memorandum dated September 5, 1980. Laws moved to adopt; Phelps seconded and the motion passed unanimously on roll call vote. The Resolution establishing handicapped parking spaces on Winburn Way was read and Phelps moved to adopt; Medaris seconded and the motion passed without opposition on roll call vote. First reading was given an Ordinance amending the taxi franchise and Laws moved to second reading; Medaris seconded and on roll call motion passed unanimously. Medaris moved to accept departmental reports for the month of August, 1980. Phelps seconded the motion which passed unanimously on voice vote. City Administrator Almquist reported that supplemental grant monies would be needed to increase the one-half time outreach person at a cost of $3,000 and increase the van driver to 4/5 time at a cost of $4,300. Medaris moved to appr ve submitting application for grant; Phelps seconded the motion wh' passed unanimously on roll call vote. ~ ~ Gary~L.F~Prckett Mayor P. 6