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HomeMy WebLinkAbout1979-0619 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL June 19, 1979 ROLL CALL APPROVAL OF MINUTES ELECTRIC SAFETY RESOLUTION APPEAL OF PLANNING ACTION NO. 79-60 Having led the Pledge of Allegiance, Mayor Gary Prickett called the meeting to order at 7:30 P.M. at the English Lecture Hall, Ash- land Senior High School on the above date. Present were Phelps, Laws, Hamilton, Meda~is and Ragland. Sims arrived five minutes late. Ragland moved to approve minutes of the June 5, 1979 meeting; Phelps seconded. Medaris asked that correction be made on page two relative to the property on Hitt Road owned by Karen Darling to indicate on Darling's question on whether City would maintain Hitt Road in the event of closure and was told it would not. On roll call the minutes were accepted as corrected by unanimous voice vote. The City Administrator read a Resolution commending the employees of the City Electric Department for its safety record since October 9, 1972 during which time there has been no lost-time accident in that department. Ragland moved to adopt; Hamilton seconded. Mayor Prick- ett congratulated Director of Electric Utilities Bernie Krug on the seven year record and asked that each member of the department be given a copy of the Resolution. Merrill Morehouse spoke from the audience in support of the department saying he appreciated the courteous service he had in working with Mr. A1 Williams. Motion passed unanimously on roll call vote. Almquist read a letter from W. H. Hampton representing the appellant, Myra Benson, and a memorandum from the 'Hearing~ Board and P.C.Staff Report dated May 10, 1979 and asked that notice of public hearing, minutes and Findings of the Planning Commission dated May 10, 1979 and applicant's findings be made part of the record. Almquist read a letter from Mel & Belle Reinke and one from Mrs. Lucille Johnson both objecting and asked that they also be made a part of the record. The Mayor opened the public hearing. Hampton reviewed the request for appeal of the decision and showed a map of the 100'x 200' lot proposed for dividing for construction of a duplex and pictures of the site on Grant Street. Hampton added that the property is zoned R 2 and that it wouldn't cause a precedent where many lots would be made into flag lots because there are only two lots large enough to partition. Phelps felt it unfair because the development would change the character of the single family residential type district now established mostly consisting of long narrow lots where gardens are kept. Phelps also expressed concern about plans for driveway saying a decided cut would Be necessary. Discussion ensued relative to height of structure and Hampton assured Council that appellant would be willing to draw up a restrictive covenant to keep building to one story and would make such instrument available to City Attorney and recorded in Deed. Hampton said Benson would also follow Historic Commission criteria and recommendations to build in keeping with the present home which she is restoring. The Mayor called for opposition to the proposal and property owner of Lot 2600 spoke against building a duplex and said the only other duplex in the neighborhood could pass as a single family residence and pointed to development of Chestnut Street as an example of what could become of the neighborhood. 6/19/79 Pg. 1 Regular Meeting Ashland City Council 6/19/79 PUBLIC HEARINGS BENSON APPEAL cont. WINBURN WAY CLOSURE a Walt Harvey 276 Grant said it would have/definite effect on his lot and that the back yards of the area have been landscaped and main= tained and asked that Council consider allowing the Planning Commiss- io's n decision to stand. Scott Johnson of 290 Grant agreed that the proposal conforms to the use according to the zoning and comprehensive plan but feels the area should have been rezoned R-1 and would like to see the single-family area preserved the way it is. Bud Marler of 88 Granite said that persons purchasing property should look into the zoning, comprehensive plan and explore the neighborhood before buying. He said we should be fair to our neighbors and that Benson should be able to develop her property in a manner which is within the requirements of the zoning etc. Public Hearin~ was closed. Phelps asked Benson what she planned on doing with cars and she said she will Drovide either a back-up spot or circular drive. Ragland moved to grant appeal and adopt findings of fact with the stip ulation that appellant provides restrictive covenant to City Attorney regarding height of structure being limited to one story, Medaris seconded. Phelps said it will be difficult to do things promised tonight for the sake of speculation. Phelps added that we will be hearing more by decision to allow an isolated activity in what is essentially a residential area. Ragland cormnented that it is so zoned and that any building changes an area. After some discussion on location of garage and driveway Ragland amended his motion to include provisions for driveway in covenant; Medaris agreed with amendment. On roll call vote Medaris, Hamilton and Ragland voted YES. Phelps, Sims and Laws voted in opposition. Mayor Prickerr broke the tie by voting YES to approve appeal and overturn the Hearings Board decision. Petition to close Winburn Way signed by 495 people and letters from Parks Commission and Planning were submitted and ~yor Prickett opened the public hearing. Noel Bennett said that most of the traffic througk the park is made up of teenage kids and feels closure would eliminate noise and create a more pastoral environment for the park. Gary Peckham of 40 Granite Street spoke on behalf of petition signers suggesting that trial closure of Winburn could start 10 days following the 4th of July. Peckham said that parking should be made available for handicapped at turn around just below the bandshell. Vandalism could be curbed by closer police surveillance, Peckham said. He also expressed concern about the health of the youth and elderly from pollution. Pat Hill, 139 Granite Street supported the park closure proposal say- ing the teenagers would use the park in spite of not being able to drive through. She said she wasn't concerned about diversion of park- ing because when any events are taking place its almost impossible any- how. Hill mentioned the noise nuisance saying she often calls the police deDartment. Hill said if traffic becomes too much of a problem it will be learned by the trial closure. Carl Oates, 351 Granite Street, spoke in favor of closure saying the fragility of the park should be considered and spoke of cars battering trees in the park. ~II~/?Q D~ Regular M_~eeting Ashland City Council 6/19/79 Pg. 3 WINBURN WAY CLOSURE Public Hearing cent. Merrill Morehouse of 482 Walker said closure would help vandalism pro- blem and noise etc. but that pedestrians also destroy plants and a closure would accent problems of parking. Morehouse said the handi- capped and elderly might be better served with the opportunity to drive through the park. Morehouse also said would not be an answer with the park being an excellent place to hide. He finally suggested the park be open from 9 A.M. to 9 P.M. to get the ~est of the two worlds. Bud Marler of 88 Granite spoke in opposition to closure and said the park is for people to w~lk or drive through and older'people would not necessarily be able to enjoy the park due to poor eyesight and urged the park be left open for everyone. Bush Hayden, owner of Lithis Frosty said the trees will continue to die because they are old and are not being routinely replaced and in twenty years all that will be left will be lawns. Hayden said the park is for all people's use and is something the residents of Granite Street will have to live with as far as noise etc. Rex Shepherd of 1565 Lilac Circle said that if the park is closed then one side of granite should be free of parking as vehicles would rite be able to move the street is so narrow. Rich Slusser of 135 Granite spoke in opposition to closure because of parking problem it would ~ause by even more cars using Granite Street. Jackie Schivers of 269 B Street spoke in favor of closure suggesting g01f cart or other type shuttle to accommodate elderly and urged con- sideration for trial. Doug Graef of 1927 Tamarack Place said that while noise is a problem, teenage cruising in the park is a valid recreation in Ashland because there is nothing for the teenagers to do. Graef said they prefer the park to organized dances etc, that closure would not eliminate air pollution and he saw no evidence of problem from pollution in the trees and shrubs when he was Parks Director. Graef said vandalism would in- crease if anything should the park be closed, and said it is a region- al park and not just for citizens of Ashland. Carl Eggers, 221 Granite supported trial closure. Allison Laughlin of 109 Pine said she uses the park to play tennis etc. and there is noise pollution, supports trial closure. The public hearing was closed and Council considered the cost of col- lecting data. The Mayor said there should be some kind of system set up to find out who is really being excluded during the closure and said he would like to see barricades manned out by talking to the people. Laws said there is no base now so traffic counts would be meaningless. Laws made a diagram of park access and said that it will not be clos- ing off the park but access could be made from the top of Granite. Ragland said closure would not solve the problem and that an intense stud 6/19/79 Pg.3 Regular MaetinR Ashland City Council 6/19/79 Pg.~__ WINBURN WAY CONT. SITE REVIEW PUBLIC HEARING APPROVAL OF MINUTES CHAMBER 4th OF JULY FEST. ROGUE VALLEY TRANSP. DST. PUBLIC FORUM Mark Antony Grant Billboard Legislation study had been made about six years ago and suggested the matter be placed before all citizens of the City. Ragland moved to place on next general election ballot but motion die for lack of second. Phelps moved to accept conditions of proposal as petitioned for trial closure; Sims seconded. On roll call Phelps, Sims, Laws and Hamilton voted in favor and Ragland and Medaris opposed. Mayor instructed Staff to handle details of signing, barricades etc. City Administrator Almquist read a memorandum from Planning Conmission and asked that two memos to Planning Commission from Planner Box be made part of the record (dated May 14 & 15, 1979) along with Moratorium Ordiance and map of area. Mayor opened the public hearing. Rex Shepherd, Chairman of CPAC spoke in support of Site Review. Larry Medinger and Marilyn Shargel spoke in favor of the ordinance. Mayor closed the public hearing. Ragland moved to pass to first read- ing later on agenda; Phelps seconded and the motion passed unanimously on roll call vote. Ragland moved to accept minutes of Boards, Commissions & Cormnittees; Phelps seconded and on voice vote, all YES. Elliott Reinert's letter was read requesting a City contribution for 4th of July fireworks arranged by the Ashland Chamber of Commerce. Reinert reviewed plans and Ragland moved to give $500.00 from the Contingency Fund; Laws seconded and on roll call all YES. Rick Hand reviewed his needs including refuse service for C & Oak Sts. stop and for another turn out on each side of Siskiyou Boulevard so Rogue Valley Transportation District can raise its level of service. After some discussion it was decided that Hand and Director of Public Works Alsing would get together to plan the stops, the City will donate a lath garbage can holder and contact Ashland Sanitary Service for routine pick-up and RVTD will provide garbage can. The Mayor ex- pressed concern for the pollution caused by the emission from the large diesel busses and was told by Hand that their busses are tuned twice as often as is called for and that although diesel smokes it is still less of a pollutant than gasoline. Councilman Sims said the City Attorney has recently heard from the State Historical office and read the letter. Sims said Arriens is about to open the Mark Antony Motor Hotel and moved to place the subject of the City acting as Guarantor on the agenda; Phelps seconded and on roll call passed unanimously. Sims moved that Mayor be authori- zed to Guarantor clause based on advice from letter received; Phelps seconded. Motion passed unanimously on roll call vote. Ragland reviewed HB2967 calling for local governments to pay for bill- 6/19/79 Pg. 4 Regular Meeting Ashland City Council 6/19/79 P. 5 PUBLIC FORUM Billboard Legislation cont. WINBURN WAY CLOSURE Army Band Performance NEW & MIS. BUSINESS Traffic Safety Com. Marriage Fees Historic Commission Oak Knoll Golf Course CPAC Appointments Liquor License ORDINANCES, RESOLU- TIONS & CONTRACTS Improvement Dist. 44 boards they want taken down and said the Governor is considering a VETO of the measure and Ragland then moved to place on agenda; Medaris seconded and on voice vote, all YES. Ragland moved that City send a wire to the Governor supporting a VETO and saying that it is a local matter and should be decided there rather than the State; Medaris seconded and the motion passed without opposition on roll call vote. Prickett cited the cooperation of Ashland Lumber in taking their large billboard down and expressed appreciation on behalf of the citizens of Ashland and asked that Almquist write a letter to that effect. Administrator Almquist requested on behalf of 234th Army Band (Oregon National Guard) closure of Winburn Way for their performance scheduled for June 25, 1979 at 6:30 P.M. Ragland moved to place closure of Winburn Way from 6 P.M. to 9:00 PM. on the agenda; Phelps seconded and on voice vote all YES. Phelps moved for approval of request; Hamilton seconded and motion passed unanimously on voice vote. Almquist read a memo from the Traffic Commission requesting that North Main Street from Maple to north City limits be included in traffic study being conducted by the Highway Division and Ragland moved the recommendation be accepted; Laws seconded and on roll call, all YES. A letter from Municipal Judge Drescher reviewing the matter of marri- age fees during times other than hours spent in City Hall and right to collect same personally was considered and Phelps moved for approval of proposal; Sims seconded and on roll call passed unanimously. The City Administrator said the Chairman had asked the matter be deferred. Almquist reported that Oak Knoll had requested matter be deferred. The City Administrator read memo from Citizen Involvement Committee recommending four applicants plus a fifth choice to replace one of the first four should Council wish to change one. Ragland moved to confirm appointment of Greene, Acklin, Benson and Rogers; Sims seconded and on roll call, all YES. Liquor license for Casa Feliz (formerly Steaklhouse) at 397 E. Main was considered and Phelps moved to approve; seconded by Hamilton and passed with Phelps, Ragland, Medaris, Laws and Hamilton voting YES; Sims abstained and the motion carried. Second reading was given an ordinance by title only issuing bonds in connection with Street Improvement District No. 44 and declaring an emergency and Laws moved to adopt; Ragland seconded and on roll call, motion passed unanimously. 6/19/79 Pg. 5 ReSularM~eting Ashland City Council 6/19/79 Pg'-6 ORDINANCES, RESOLUTIONS cont. Sight Draft for Subd. improvements Minor in Possession Rezone Schulze Property Court apptd. Counsel Fee Trans. of Appropriations (Hospital Fund) Site Review Ordinance Ord. calling for Public Hearing - George annex. Sup. & Mgmt. Salaries G. E. Agreement Departmental Reports Airline Service Jackson/Josephine Cry Second reading by title only was given an ordinance amending the Municipal Code relative to sight drafts for subdivision improvenents and Ragland moved for adoption; Hamilton seconded and on roll call, all YES. First reading was given an ordinance amending the Municipal Code relat- ing to the penalty for minor in possession of alcohol and Phelps moved to second reading; Hamilton seconded and on roll call, all YES. First reading was given an ordinance rezoning property from R-3:1.2 to C-1 was read and Phelps moved to second reading, Hamilton seconded and on roll call passed unanimously. A letter from Judge Drescher was read relative to fee for court- appointe~ ~ounsel and Judge'Drescber reviewed the rates offered by the City compared to other cities and of the increased load. Sims moved that ordinance be read; Phelps seconded and on voice vote, all YES. Almquist read the ordinance and Laws moved to second reading Phelps seconded and on roll call, all YES. (Ragland absent from room). In order to preclude delay Council decided to read for second time at Adjourned Meeting next week. Almquist gave reading of resolution transferring appropriations within a fund and Laws moved to adopt; Hamilton seconded and on roll call, Hamilton, Laws, Phelps, Sims and Medaris voted YES. (Ragland absent from the room). First reading in full was given an ordinance amending Chapter 18.54 of the Ashland Municipal Code relative to site review and Phelps moved to second reading, Medaris seconded and on roll call all YES. First reading was given an ordinance ca-ling a public hearing on a proposed annexation and withdrawal from Jackson County Fire District 5 and Ragland moved for second reading; Hamilton seconded and on roll call, all YES. A resolution setting salaries and working conditions for Supervisory and Management Personnel 1979-80 FY was considered and Ragland moved for adoption; Medaris seconded and on roll call passed unanimously. City Administrator said the matter of the contract with General Elec- tric would be deferred since meeting with R. W. Beck engineers and learing the shaft can be repaired and Almquist reviewed the possibili- ties of higher kw hours than first anticipated. Almquist said that a proposal would be brought back later. Medaris moved to accept departmental reports for month of May and Laws seconded the motion which passed without opposition on voice vote. Medaris reported on a meeting with the Board of Commissioners who reviewed the status of air service in the Rogue Valley (including Josephine County) and said since deregulation of air service that only sixty seats are compulsory to be available to passengers and although some 500 persons daily are now using Medford Airport for flights the 6/19/79 Pg. 6 Regular__Meeting Ashland City Council 6/19/7__.9 P% 7 Airline Service cont. the airline companies could at any time abandon service on large scale basis for better financial Base and the area would have only sixty seats a day provided for this Jackson/Josephine County area. Medaris stressed the need for the individual cities to support the Con~nissioner~ efforts to maintain at least the level of service the growing community has at this time. Medaris suggested a resolution showing interest and support. Adjournment City Recorder The meeting was adjourned to an adjourned meeting at 7:30 P.M. on June 26, 1979 at 11:15 P.M. Mayor ih 6/19/79 Pg.7(last~