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HomeMy WebLinkAbout1979-0515 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL May 15, 1977 kOLL CALL ?~?PROVAL O~ MINUTES LOLICH ~INEXATION APPEAL ON TOLLIVER MLP Having led the Pledge of Allegiance, Mayor Prickerr called the meeting to order at 7:30 P.M. on the above date. Phelps, Sims, Medaris, Laws and Hamilton were present. Ragland was absent. Sims asked that minutes be corrected on Page 1 to reflect his sayinE relative to Hotel/Motel tax monies that the business people ~uld be beLefitting but he felt they should pay for it so he could not support the proposal. Laws moved to approve the minutes of the May 1, 1979 as corrected; Hamilton seconded and on roll call passed unanimously. City Administrator Almquist read a memo from the Planning ConLmission regarding the Lolich ZODe Change, Conditonal Use Permit and Annexation and Site Review approval and requested the following be made a part of the record: Findings & Orders dated February 14, 1979; Planning Action #79-6 (3 pgs.) Staff Report dated February 14, 1979 and .map and legal description of the property for proposed motel con~plex. Richard Box. Planner, reviewed the application and said the Planning Commission had suggested several conditions among which was the need for access te Hwy. 66 from the State. Box said the application had been submitted well before the moratori~n effecting Hwy. 66 development, Mayor opel~ed the public hearing and there were no comments from the audience pro or con. During Council discussion of the issue the Mayor was adamant about some type of guarantee that proposal as applied for would come tc pass and the City would not be annexing property which coald remain un- developed or be held for speculation. The City Attorney was directed to research and return with information relative to a performance bond, binding contract or other assurance to City. Lolich agreed to sacrific< annexation should motel not be built and was told by the [Iayor tha~ to deannex would be ~nproper. Medaris moved to defer action until Staff reports back with information; Phelps seconded and on roll call, all YES. Almquist read a memorandum from the Planning Commission dated May 11, 1979 and a letter from Councilman Sims appealing the Minor Land Psrti.- tint and Subdivision Variance. Almquist requested that the Findings & Orders dated April 12, 1979, letter from Planning Cosmisslon to Tolliver outlining conditions and obligations of developer dated April 17, 1979, Staff Report dated April 12, 1979, map and legal notice be made part of the record. Box reviewed the application and sa~d that sometime last year there was a discussion with Parks & Recreation r~ia- rive to access to Greenway properties and that the appeal is a re,son- able one since the Comprehensive Plan provides for public acces:z train ways along the Ashland Creek portion of the Bear Creek system and that this had been overlooked during consideration. said that Policy C, Pazks Section of the Comprehensive Plan should incorporated into the record by reference for public h~aring Mayor.Prickett opened the public hearing and Jim Mulhall, represel, t~n~ the applicant asked Appellant Sims if he was disqualifyin~ himsei~ Council consideration (voting) and Sims answered in ~he affirmative. Mulhall said it is unreasonable that 15,000 sq. ft. of Tcl. llvec'~ should be restricted stating this is 25~ of the 61,000 sq. ft. I!~7L'tiver has to work with. 3/15/7~ ?z. i {eBular"~tin~ Ashland City Council TOLLIVER APPEAL cont. STATE & FEDERAL REVENUE SHARING PUBLIC HF~.RING BUDGET PASSAGE 79-80 Mulhall said that Parks Director Mickelson said he would be satisfied with 15 feet reserved along the creek, and said that Tolliver is havin[ the property surveyed to see if the creek has changed course and if it has that it may extend across the creek. Mulhall said if this is the case that Tolliver would be willing to perform the labor to readjust the creek to where it had been located and would like such a condition attached to include water rights to remain in his control, for the City to maintain area and protect his privacy along the creek and that restrictions be lifted after a reasonable period of time. Carol Vance introduced herself as a property owner next door to Tolliver and said he had already gvne beyond his rights by changing the creek already. Mayor Prickerr said if this is a fact it would behoove the property owner to take legal action to establish rights to make adjustments as the City recently had to do by going to court. Box said he thought the matter would be one for the Division of State Lands to consider. Marge Morrison a neighbor located across the street from the applicant's property said that Tolliver has already built a huge lake and road and for that matter, part of a building. Sims said that Staff had recomm- ended that the area can be restricted because of the flood plain and described the flow of the creek and probable results of a flood like was experienced in 1964 and 1974. Mickelson said he had become involv- ed in the issue after the fact and went down to look at the site and said that fifteen feet would be adequate and there would need to be a stipulation that should the creek channel change fifteen feet would travel with it. Flood possibilities and need for reacquisition were discussed. Mayor Prickett wondered why properties were not being paid for from the monies earmarked for that purpose rather than condemna- tion. Almquist recalled that when Jack Willjams subdivided his prop- erty on the Greenway that part of the consideration was for Willjams to provide an easement to the high water mark for Greenway purposes. Mayor Prickett said the taxpayers had agreed in a special election to pay for property rather than acquisition by condemnation. Vance asked if the taxpayers would be responsible to pay for rehabilitation of the Greenway in the event of flood. Laws pointed out that there would not be all that much involved except for trees and trails. Prlckett clcsed the public hearing. Laws moved to instruct Staff to find out what is transpiring and how it fits with City and State ordinances and that we delay action until such information is available; Hamilton seconded. On roll call Laws, Phelps, Hamilton and Medaris voted in favor of the motion and Sims abstained. City Administrator Almquist reviewed the need for public hearing on funding of Federal and State Revenue Sharing and passage of the budget and said that continued from the last meeting was the disposition of revenues from increase in Hotel/Motel Tax saying that $10,000 had been authorized to Shakespearean Festival. Mayor Prickett opened the public hearing and in the absence of comment from the audience turned the discussion back to Council. Medaris recommended the appropriation of $16,784 for the Azhland Community Health Clinic be cu~ back to $8,000 and so moved. The notion died for lack of a second. Medaris felt the services were duplicated at the hospital and County and felt the tax- payers should be considered. Hamilton moved that the $&,000 carryover be allocated to street resurfacing. Laws seconded. Sims moved to Regular Meeting Ashland City Council 5/15/79 · ?~BVF2~UE SHARING & BUDGET cont, APPROVAL OF MI~JTES BOARDS, COMMITTEES ETC. COI~ISSIONERS/COUNCIL MEETING - AIRPORT MSTR PLAN OAK KNOLL GOLF COURSE CORLISS REPORT amend the motion to table issue for one meeting. On amendment seconded by Phelps Hamilton, Laws and Medaris voted in opposition while Sims and Phelps voted YES. Motion to amend failed. On or~L motion Hamil- ton, Medaris and Laws voted YES. Phelps and Sims opposed. Motion carried. Mayor Prickerr said he could not support the budget because he couldn't agree with either the necessity or the accounting (budget) procedures and classification of part-time clerk/dispatcher for the Fire Depart- ment. Prickett questioned Chief Drager on the need for a typist for four hours a day and Drager explained that while typing reports, pro- grams etc., the employe frees full time personnel to carry on usual duties and said that the purpose of the dispatching experience is to handle the radio and emergency communications while on the job. Drager said that the many new programs have increase the typing load. Laws requested that 52 w~!ek part-time positions be listed separately in the budget process and Laws said despite procedure he feels the position will be allowable to get more productivity from the Fire Department. Phelps moved to approve budget; Hamilton seconded and Phelps, Sims, Laws and Hamilton voted YES. Medaris voted in opposition and the motion carried. Laws moved to accept minutes of all Boards, Commissions & Committees; Hamilton seconded and on voice vote motion passed unanimously. Director of Public Works Alsing told of a meeting he had with Jackson County Con~issioners and announced they would like a joint meeting to adopt the Airport Master Plan as soon as possible and to further con-- sider zoning etc. around the airport. The meeting was called for at 7:30 P.M. on May 31, 1979. Buddy Sullivan representing Oak Knoll Golf Course told of filing an appeal to have taxes reduced for golf course properties and there had been no change recommended. Sullivan noted there are no assessments for airport and gun club and would like the same benefit and the assist ance of the City in filing to have property taxes nonassessable. Sulli- van added they would be happy to pay personal property tax. Medaris said he can't understand how the property taxes have almost doubled since ]976 since it is essentially open space and recommends help from the City. Mayor Frickett agreed saying that nothing is done by the City to the golf course which is there for the benefit of anyone want- ing to use it and would like to see City support proposal. Planner Box agreed with Prickett that the course should be zoned as the ].owest possible use and would talk to the assessor. Irrigation costs were discussed and Almquist said they had been given a credit for overpa)~men! and that matter has been taken care of. Spud Corliss ~entioned that concern for maintaining safe storage for City maps and records as mentioned during the last Council meeting is insiFntficant co~,,are~ to the ~fety fo~ City e~Dloyes in variouq locations. Corliss noted that three persons are working in a room 11 x I] and the State law says there should be 100 ft. for each desk. The Fire Department dorm off the engine room was described as a fire trap with one door at the end of the room and no escape. Corliss said 5/15/79 Pg- 3 ~gular Mee~in___F~ AsnJ.and CIty Uouncll .__. PUBLIC FORUM CORLISS cont. YOUTH }lOSTEL PROPOSAL MAYOR'S OFFICE E~[MA ST. WALNUT ST. II~PROVEMENTS WINDSOR FOWLER/WILEY PUD ~L~ltK AN'fON"f FEDERAL GRANT the trucks back in 10 ft. from the dorm and fumes escape into the room where the men sleep. Corliss added that the 12 people who take the CPR course in a room 15 x 18 have only one way out by use of a wood stairway and the pole is not usable. Correction of these and other hazards was recommended as soon as possible after the school program is over this term. Councilman Phelps reviewed a proposal submitted to Council by letter asking consideration to use the unappropriated balance of $3,800 to fund a Youth Hostel and gave details of various costs, locations etc. and said he would hope to have the facility ready for opening for this s%m~mer on June 15. Phelps noted that it may be possible to get help through CETA saying there is a classification for Hotel/Motel manage- ment in the CETA program. Hamilton moved to place matter on agenda; Laws seconded and on roll call motion passed unanimously. Sims moved to place $3,800 as "seed" money for Youth Hostel; Hamilton seconded and Laws, Phelps, Hamilton and Sims voted in favor. Medaris opposed. Phelps then moved to apply to Jackson-Josephine Job Council for CETA position for this year and authorization to request two positions for next year; Sims seconded and the motion carried with all ~ES. Mayor Prfckett said that he has not had an office in City Hall for months and has made arrangements to rent one downtown where the Rec- order can take things that need signing. Prickerr said he would hope that arrangements can be made for adequate space. A letter was submitted by Alsing showing an increase of 24% over eaten- ares made iu April of 1977 for improving Walnut, Emma and Windsor Streets when bids were received for curbs, gutters & paving. The letter was an invitation to property owners to appear at the Council meeting to comment as to why the work should not be done at the cost now reflected. No Council action necessary. Phelps moved to accept Findings of Fact and Order including the follow- ing to be made part of the record: 1. Minutes of the Council meeting of April 3, 1979; 2. Findings o£ the Planning Commission; 3. Appellant's lettez of appeal; 4. Map of the area; 5. Planning Commission memo of 11/15/78; 6. Wiley letter of 11/14/78; 7. Staff report & minutes of Planning Commission meeting 12/13/78; 8. Comprehensive Plan pages 71 & 72. Hamilton seconded and the motion carried unanimously on roll call vote. City Attorney Salter reported concerning request by owners of Mi~rk Antony for City to act as guarantors in connection with federal grant 5/15/79 ~g-: ~guiar Meetju~ Ashland City Council 5/]5/79 MARK ANTONY con=. LITHIA PARK HISTORIC PLACE DESIONATION LITHIAMILL PROPERTY "NO PARKING" Homes Ave SCHI~LZE MOTEL ZONING AIRPORT PP~JECT BID AND RESOLUTION for restoration project at the hotel and said his contacts with the State Park Grant Superintendent and was informed that written clarifi- cation will be forthcoming due to legal ramifications involved with various responsibilities which come along with the position as guarant- or. Medaris moved to postpone until information becomes available; seconded by Phelps. Sims asked that Staff contact County Parks staff. On voice vote, all YES. A recommendation was received from the Parks & Recreation Commission to nominate Lithia Park to the National Register of Historic Places. Sims moved to authorize Parks & Recreation Commission and National Register to move ahead and designation; Phelps seconded and on roll call, all YES. A letter was received from Parks & Recreation requesting consideration of reserving a portion of Lithia Mill site for recreational purposes and offering to meet with Council to further discuss the proposal. Council discussed the plan briefly after Almquist reconmtended taking the matter under advisement pending an appropriate master plan; Medaris so moved; Hamilton seconded, and suggested a committee be appointed by the Mayor to study alternatives as regards City functions and various needs. Hamilton suggested two Council members and two staff persons. Sims said he would show pictures of the preliminary study on use of the Armory on the 31st and urged that decision he made as to the feas- ibility of buying the Armory or not. Mickelson said he just wanted his interest considered when decision is made. Sims noted that $120,000 was bequested to Ashland Parks and it might be kept in mind when the matter is dicussed. On Medaris' motion to delay the motion passed unanimously on roll call vote. A memo was read from Director of Public Works requesting that a "No Parking" zone be established on the south side of Homes Avenue between Normal Avenue and Hunter Court as recommended by the Traffic Com~ission, Phelps so moved and directed Staff to implement request; Hamilton sec- onded and motion passed unanimously on roll call vote. A public hearing was set for 7:30 P.M. on June 5, 1979 on Zone Change for proposed 18 unit motel at Southeast corner of Normal and Siskiyoul A memorandom from Director of Public Works Alsing was read and Alsing explained his recommendation that second to lowest bidder be awardcd the bid becuase the lowest bidder had bid to provide Kaiser Alumin~a arch and specifications call for Armco or equal arch. Alsing said that he had investigated with representatives from Kaiser and deter- mined that the Kaiser product was not equivalent to an Armco Multi- plate arch as specified. Alsing asked the City Attorney for help as to the legal aspects of accepting low bid with modified arch clause. The City Attorney, Salter, explained that there was a modification of the specifications contained in the lowest bid and for that reason it appeared to contain an irregularity. The low bidder had attempted tc renegotfate the bid based upon the irregularity and based upon supply-. ing different material. Mayor Prickett said that b~ds should not be renegotiated and the 5/15/79 Pg, 3 AIP~ORT PROJECT BID AND RESOLUTION cont. and the Mayor recommended award to the second lowest bidder, Milani & '7 Wooldridge. Almquist read the resolution authorizing the Mayor and City Recorder to sign a contract between the City of Ashlapd and Milani and Wooldridge, the second lowest bidder. The City Administrator read the resolution and Laws moved to adopt; Hamilton seconded and on roll call, all YES. ltYDRO GENERATION OVERLOOK ADDITION TRANSIENT OCCUPANCY TAX INCREASE ORDINANCE MLP LrNDERGROUND UTIL. TAX LEVY 79-80 STATE REVF~NUES ADOPTION OF BUDGET TRANSFER OF APPROPRIA- TIONS RESOLUTION AIRPORT IMPROVEMENT GRANT - FAA Almquist read a letter fram R. W. Beck, electric consulting engineers recommending implementorion of Items 1 through 7 of proposal and then recommended that General Electric draw up contract to include those items. Sims so moved; Phelps seconded and the motion passed unanimously on roll call vote. City Attorney Salter explained that the subdivision plat for Overlook Addition was indeed overlooked in that it was never recorded when it was created in the early 1900's, and thus becomes a problem now that there is need for deeds to a strip of land which has been used by adjacent prop- erty owners who have prescriptive right because their use of the land uncontested over a long period of time and who at this time are being asked to deed the lots to the City so the project can be completed. Comments for information only, no action necessary, An ordinance amending Ordinance No. 1907 and Section 4.24.020 of the Ashland Municipal Code relating to the transient occupancy tax was given first reading. Hamilton moved to second reading; Phelps seconded and the motion passed unanimously on roll call vote. Second reading was given an ordinance by title only requiring under- ground utilities in connection with minor land partitioning. First reading was given an ordinance levying taxes for fiscal year 1979-80 and Phelps moved for adoption. Sims seconded the motion which passed unanimously on roll call vote. An ordinance was given first reading electing to receive state revenues and Phelps moved to second reading; Hamilton seconded and the motion passed unanimously on roll call vote. After Council discussion it was decided that $4,000 of Revenue Sharing be used for street resurfacing; $3,800 from General Fund for Youth Hostel; and $10,000 for Shakespeare of $13,800 increase in General Fund° Almquist read the resolution adopting the budget and making appropr~at- ions for 1979-80 fiscal year and Laws moved for adoption; Phelps seconded and on roll call, all YES. A resolution transferring appropriations within funds was read and Laws moved to adopt; Phelps seconded. There was some discussion between the Mayor and Nelson relative to accounting procedures where temporary emp- loyees.and attrition wonld be reflected. On roll call vote, the motion passed unanimously. Almquist read a resolution accepting a grant offer from FAA for improve- ments at Ashland Municipal Airport and Phelps moved to adopt; Hamilton seconded an8 the motion passed unanimously on roll call vote. 5/15/79 Pg. 6 DEPAIV,~' t, KEPORTS Ashland City Council 5/15/79 ~ Departmental Reports for April 1979 were accepted and placed Sims said the Parks Department asked him to tell Council that the pro- Ject which has torn up Lithia Park is not part of their program but that of the Water & Sewer Department. WINBURN CLOSURE HA~]NON'F LETTER Parks Director Ken Mickelson reported a meeting will be held on Thursday at 7:30 P.M. in the English Lecture F~ll for a public hearing on the proposed closure of Winburn Way. Mayor Prickett directed Staff to make copies of a letter received frem Senator Hannon available to each Council member for their response back which he will compila. Meeting adjourned at 10:35 P,M. l~'~n ~lin City Recorder