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HomeMy WebLinkAbout1978-0606 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL June 6, 1978 ROLL CALL APPROVAL OF MINUTES PUBLIC HEARINGS: Vacation of Alley (OSFA) Helman Improvements Mayor Prickett led the Pledge of Allegiance and called the meeting to order at 7:30 P.M. in the English Lecture Hall on the above date. Councilmembers Phelps, Drescher, Ragland, McCannon, Laws and Hamilton were present. Ragland moved to approve minutes of the adjourned meeting and executive session of May 23, 1978 and regular meeting of May 16, 1978; Hamilton seconded and on voice vote passed unanimously. City Administrator Almquist read a letter from the Oregon Shakes- pearean Festival Association requesting vacation of alley and re- location of same and showed location on map along with changes in alley. On question from Laws as to whether there are under- ground utilities located in the alley at present Almquist said there is and that they will be reloc~ted at the expense of OSFA. After some discussion as to whether this concept of costs invol- ved in relocating utilities it was decided it had not been put in writing but City Attorney Salter said he would include the item in the Hold Harmless Agreement which was drawn up with OSFA. Salter noted this would be done before final reading of the ordin- ance to vacate alley. The public hearing was opened and Joan N. Boyden spoke in opposition to the proposal because she would lose access to her property which has existed since 1905. Boyden asked that the matter be continued until some alternatives could be explored and asked that Almquist read her letter. Almquist read Boyden's letter. John Evie of OSFA said that he feels the proposal takes care of Boyden's objections. Alex Miller who operates Ham- let's Roost expressed concern that deliveries would be hampered and that when things are delivered by hand truck the drivers would find parking tickets onvehicles. Council agreed that a loading zone should be considered and that it would be given the Traffic Commission for their consideration. Miller was satisfied with this assurance. Almquist read the resolution dedicating an alley for public purposes commencing at South Pioneer and proceeding southwesterly of and parallel to E. Main St. commencing at Pioneer and running 86 feet in a northwesterly direction. Laws moved for adoption; Phelps seconded. Ragland asked that record shows that he took no part in the discussion and abstained from voting because of his official capacity with OSFA. On roll call all other members voted in favor of adoption. The City Administrator read a memorandum from Director of Public Works Alsing submitting costs to the 224 property tax lots in the assessment district proposed of about $230 plus $4.00 per front foot for curb and gutter for the property owners fronting on Nevada and $230 to others. The City's share for extra thick- ness of pavement would be estimated at $5,913. Mayor Prickett opened the public hearing for citizen comment. Almquist noted he had three letters from the following property owners in opposition to the proposal - A. E. Hempel, 920 Glendower; Gerald. Malloy, 260 Tudor and W. J. Wood, 275 Randy. Gerald Malloy submitted petitions 6/6/78 Pg. i Regular Meeting Ashland City Council 6/6/78 2 Helman Improvements Continued MINUTES OF BOARDS ETC. AIRPORT COMMITTEE RESIGNATION - HFALD SCHULZE APPEAL BEATTY PROPOSAL signed by 167 people in opposition to the proposed assessment district. Mrs. Florence Keener of 128 E. Nevada spoke in favor of the project saying that the section of E. Nevada needs improv- ing because of the intolerable dust situation and feels it only right that the Quiet Village homeowners should share in costs. Councilman Laws explained that the proposal in assessment district form was submitted because the project cannot be paid for by the City through the General Fund and since the condition of the streets has been a source of irritation and complaint by the people who live in the area it was felt this might be the logical way to get the project done. Mrs. Ralph Buerosse of 360 Oxford wondered why the people who are responsible for the potholes don't repair them as they develop and said she opposes sharing costs of improvements because they have already been assessed for Oxford & Coventry. Atmquist explained Helman cannot be repaired because of the oil mat layer used as an interim measure and that it is simply made of granite base and oil top. On Russ Cooley's question of the Mayor as to whether Helman is an arterial street for which FAUS funds could be expende~ the Mayor said it is not and it would be difficult if not impossible to get the Federal government to change the arterial designations made over ten years ago. Ed Pentkowski of 436 Monte Vista said he thinks it is time every street in town is looked at as the majority of streets are badly in need of repair. Mayor Prickett recalled that four years ago an election was held for bonding to do such work and the measure failed two to one, and that we will probably get what we are willing to pay for. Buerosse said she voted against the measure because 20,000 lb. loads were allowed on the streets at that time. Riley invited Council and Traffic Safety Commission to come and inspect N. Mountain saying that the condition of the street has made it hazardous. Ragland moved to place on file; Drescher seconded and on roll call motion passed unanimously. McCannon moved to accept minutes of Boards, Commissions and Committ- ees as submitted; seconded by Ragland and passed unanimously on roll call vote. A letter of resignation from the Airport Committee was read from Ray Heald. Mayor directed Almquist to write appropriate letter of appreciation to Heald. Public Hearing was set for June 20, 1978 at 7:30 P.M. appeal of Planning Commission denying MLP #353. Dennis Beatty reviewed plans to develop a six acre parcel at the North Ashland Interchange where Jackson County has ordered a morftorium on development until such time as their comprehensive plan is finalized and asked for support of Council requesting that he be exempt from moritorium. Beatty said he has support of Agricultural Department and Highway Patrol and others for his horse hotel, antique shop etc. Ragland moved to accept Beatty's letter and place on file; Phelps seconded a~d on roll call, all YES. 6/6/78 Pg. 2 Regular Meeting Ashland City Council 6/6/78 Pg. 3 MEETING WITH PARKS & REC LITHIA MILL PROPERTY REGULAR MEETING JULY 4. 208 WATER PROGRAM NATIVITY SCENE A joint meeting was scheduled with Parks & Recreation Commission on June 27, 1978 at 7:30 P.M. in Council Chambers. Drescher moved to place Lithia Mill matter on agenda. Phelps seconded and motion passed unanimously on voice vote. McCannon moved to purchase property; Phelps seconded. On roll call Phelps, Drescher, McCannon, Hamilton and Laws voted YES. Ragland opposed the motion. Phelps moved to skip the regular meeting of July 4. Ragland seconded and the motion passed unanimously on voice vote. Councilman Ragland, chairman of Water Quality Task Force of RVCOG reported a meeting was held at which EPA, Forest Service, Montgomery Associates and COG met with the City of Ashland and EPA told of plans to restudy a portion of the impact statement as it relates to sedimentation removal of watershed. Ragiand said the 208 Study has been going on for two years and many of the recommendations have been implemented by the Forest Service and recoFanends at this time that Legislators be contacted for assistance in implementation. Ragland so moved and asked that Almquist be directed to draft letter; McCannon seconded and on voice vote, all YES.. City Attorney Salter reviewed the challenge by American Civil Liberties Association and cited the Lowe vs City of Eugene which states that "public land cannot be set apart for the permanent display of an essentially religious symbol when the display connotes government sponsorship." Tom Parks of ACLU addressed Council and gave background of need for separation of church and state as called for in the Bill of Rights. Parks recommended that should the creche be allowed that any other organization with like request be given the same right regardless of what connotation it denotes and that the City in no way sponsors such symbol. Lawrence Bart- ley of 1565 Hillview took exception to the criteria as did Velma Conklin who heads up the Soroptomist Club which sponsors the Nativity Scene during the Christmas holiday season. Conklin sub- mitted petitions signed by 1100 individuals who support the long standing custom of erecting the creche in the Plaza. Mayor Prick- ett read the letter from the Soroptimist Club. Ed Pentkowski decried the position of ACLU saying that to remove every symbol relative to God would b~ impossible and any effort in that dir- ection would be a loss of freedom by the majority. Someone in the audience recalled that the Passion Play has been performed in the park. Helen Bjork asked how it is that traditionally Salva- tion Army people are allowed to solicit on corners; how a State College can allow use of its facilities to Christian organiza- tions etc. Marvin Schwab, 565 Allison, said he is not of the Christian 6/6/78 Regular Meeting Ashland City Council 6/6/78 Pg.4 NATIVITY SCENE cont. TONEY & GODDARD BOUNDS VS C OF A LAND USE ORDINANCE BONDS - SUBDIV. IMP. ORD~ ADOPTING BUDGET ORD. LEVYING TAXES STATE REVENUES PARKING RESTRICTIONS E. Main/Lithia-Calif. persuasion and feels the Christian emphasis threatens his beliefs. Bill Goshman of 4260 Hwy 99 S. who with the Lions Club assists the effort by installing the display yearly said that controls as recommended would be destroying part of Ashland's heritage and that the feelings of 2% are being thrust on the majority. Prickett closed the public hearing and turned the discussion over to Council. After a lengthy discussion Laws recommended that no action be taken as he believes it to be a legal matter to be settled by the courts. McCannon moved that Soroptimist~ be allowed to place Nativity Scene on the plaza for limited time and energy costs paid by sponsor, and other groups can put up display on first come - first served basis. Laws reiterated his reconnnendation that no action be taken. Almquist was directed to draw up criteria in the form of an ordinance. On roll call, Phelps, Drescher, Ragland and McCannon votedYES. Hamilton and Laws voted in opposition to the motion and Hamilton stated her reason was because no time limitation was placed on use by other groups in the motion. Public Hearings on Toney Zoning Ordinance amendment request and Coddard Zone Change were set for June 20, 1978 at 7:30 P.M. A memorandum from City Attorney Salter was read recommending that requirements of Bounds be withdrawn until such time as a building permit is requested thus eliminating the lawsuit and allowing the course of events to solve the issue. Ragland so moved; Phelps seconded and the motion passed unanimously on roll call vote. Council agreed to postpone reading of Land Use ordinance until such time as language could be studied and document reviewed. Second reading was given by title only of an ordinance amending AMC Section 17.24.07A, which pertains to the bond to be posted for subdivision improvements, McCannon moved for adoption; Ham- ilton seconded and the motion passed unanimously on roll call. Second reading by title only was given an ordinance adopting the annual budget and making appropriations for the period of July 1, 1978 to and including June 30, 1979; and declaring an emergency. Ragland moved for adoption; seconded by Phelps and passed unanimously on roll call vote. Almquist gave second reading by title only of an ordinance levying taxes for FY78-79. McCannon moved to adopt; Drescher seconded and on roll call, passed unanimously. First reading was given an ordinance electing to receive State Revenues. Hamilton moved to second reading; Ragland seconded and on roll call motion passed unanimously. First reading was given an ordinance establishing parking res- trictions on the southerly side of E. Main Street from Lithia Way to California Street. McCannon moved to second reading; Ragland seconded and on roll call, all YES. 6/6/78 4 Regular Meeting Ashland City Council 6/6/78 Pg~ ALLEY VAC. SCENIC/HIGH ALLEY VAC. E. MAIN AT PIONEER RESOLUTION DEDICATING ALLEY S. PIONEER P & R ELECTION TERMS P & R POSITION ELECTION THIRD ST. LOADING ZONE SUPERVISORY SALARIES BIKEWAY CONTRACT HOBSON CONTRACT COMMUNITY SKILLS LEASE ON MUSEUM BUILDING ADJOURNMENT First reading was given an ordinance vacating an alley fifteen feet in width commencing 23.5 feet from the centerline of Scenic Drive and proceeding easterly to a proposed cul de sac. Phelps moved to second reading; McCannon seconded and motion passed unanimously on roll call vote. An ordinance was given first reading vacating an alley 10 feet in width located southwesterly of and parallel to E. Main, commencing at Pioneer and running 86 feet in a northwesterly direction and McCannon moved to second reading; Phelps seconded and on roll call, all YES with exception of Ragland who abstained. A resolution was read dedicating an alley for public purposes commencing at South Pioneer and proceeding northwesterly to the Angus Bowmer Theatre and Laws moved for adoption; Phelps seconded and on roll call all YES except for Ragland who abstained from voting. A resolution was read providing for candidates to file for either two or four year terms at the general election for position on Parks & Recreation Commission. Ragland moved for adoption; Laws seconded and on roll call passed unanimously. Almquist read a resolution providing for amendment to Charter to allow for election to Parks & Recreation Commission by position number. McCannon moved to adopt; seconded by Ragland and passed unanimously on roll call vote. A resolution was read establishing a loading zone at 389 E. Main Street and McCannon moved for adoption. Laws seconded the motion which passed unanimously on roll call vote. A resolution establishing salaries for Supervisory and management employes for 1978-79 was read and Laws moved to adopt; seconded by Ragland and passed unanimously on roll call vote. A contract was submitted with Oregon State Highway Division for construction of North Main Street bikeway. Almquist explained that in the absence of any bids on the project that the City would act as General Contractor. Ragland moved authorization of Mayor to sign; Drescher seconded and on roll call passed unanimously. A contract with Hobson Concrete for construction of curbs, gutters and catch basins for assessment district projects. Drescher moved to authorize Mayor to sign the contract; seconded by Ragland and passed unanimously on roll call vote. Parks Conmissioner explained that although it isn't necessary to have the lease go through Council the Commission wished to have the approval of the concept by Council to preclude questions at a later date. P.innock said tha{ the Le see would bring the building up to code and that a fixed oSt of the work ' not available because it will be volunt /~/~abor. ~ The meeting adjourned at 10:25 P ~~j__~