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HomeMy WebLinkAbout1977-0104 REG MINPLEDGE OF ALLEGIANCE: OATH OF OFFICE ROLL CALL MAYOR'S APPOINTMENTS COUNCIL CHAI~L~N APPROVAL OF MINUTES MINUTES OF BOARDS, COT[MISS- IONS & CO>~ITTEES COKWELIUS RETAINING WALL MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL January 4, 1977 Mayor Prickett led the Pledge of Allegiance. Mayor Prickett, Councilm~mbers Phelps, Drescher, Ragland and Park Com- missioners Nancy Pinnock and Dave Garcia were sworn in by Judge Glenn Munsell. Councilman Laws arrived moments late and was sworn in at that time. The meeting was called to order on the above date at 7:33 p.m. on the above date in the Council Chambers and present were Councilmen Laws, Ragland, McCannon, Drescher and Phelps. Councilwoman McDowell was absent. Mayor Prickett appointed members to Boards, Committees and Commissions for one year assignments as follows: Liaison position to Planning Commission - Phelps; ~ospital Board - McCannon; Parks & Recreation - Ragland; Rogue Valley COG - Laws (Phelps alternate); Senior Citizens Executive Committee - McCannon; Bear Creek Area Transportation - Dres- cher; 208 Water Quality Task Force - Ragland; Traffic Safety Commission McDowell; Historic Commission - Drescher; Armory Site Selection - McDowell; Greenway Committee - Phelps; Bikeway Committee - Ragland. McCannon moved to accept appointments, second by Ragland and passed unanimously on voice vote. Ragland nominated McCannon Council Chairman; Drescher seconded. Phelps moved nominations be closed and McCannon was elected with all Council- members voting YES, except McCannon who abstained. Recorder Butler corrected minutes of the regular meeting of December 21 1976 by adding "list of eligibile activities and rating criteria attached" to the last line of the last paragraph on Page 1 of the preapplication of Community Block Development Grant. Laws moved to approve minutes of the December 21, 1976 meeting as corrected; second by McCannon and on voice vote, all YES. McCannon moved to accept minutes of all boards, commissions and com- mittees; Laws seconded and on voice vote, all YES. A letter from William G. and Flora D. Cornelius requesting that the City construct a retaining wall adjacent to his property at 1011 Hia- watha Place was read by the City Administrator. Cornelius submitted a map showing property, letters relative to City's agreement with developer Karl Windbigler requiring retaining wall and subsequent legal claims and decisions and pictures of damage sustained during the flood of January 1974. Cornelius said that since the City had requir- ed a conventional type retaining wall as opposed to the "hold-a-hill" type installed by Windbigler and the Court's decision that Windbigler fulfilled the agreement with the City he feels that burden rests with the City to provide the wall to make his property safe from slides. It was pointed out that until the flood the '~old-a-hill" construction had been effective. On Drescher's question as to when he bought the house and whether the "hold-a-hill" was in place at that time, Cornel- ius said he moved in during April of 1969 and the wall was there. Laws wondered if this might be a moral responsibility if not a legal one. Drescber said there would be hundred of moral things the City could be responsible fQr over past years. 1/4/77 .Pg. 1 __~F, eZular I.%eetin~ Ash]and City Council 1/4/77 Pg. 2 Retaining Wall Cent. APPEAL ON PC No. 275 Humes-Wixon PUBLIC FORb~ PUBLIC HEARING - Community Development Block Grant On Drescher's question to Laws as to whether anyone had asked the City Attorney for an opinion, Laws said that he already knew his position from a previous meeting. Salter said his opinion had not changed. McCannon said it seemed strange that Cornelius had lived there for five years and that the matter of the retaining wall had not come up until 1974. Cornelius said prior to that time he had no knowledge of the City's agreement with Windbigler. Laws moved to instruct Director of Public Works Alsing to get cost of retaining wall; Phelps seconded and on roll call McCannon, Ragland, Phelps and Laws voted YES. Drescher voted NO. Motion carried. Mayor asked Alsing to sub- mit costs in two weeks. A letter of appeal signed by eleven residents of Prespect/Roca area requesting consideration relative to Planning Commission decision on PC No. 275 was read dated December 22, 1976. Almquist recommended a public hearing be set for January 18, 1977 at 7:30 p.m. and McCannon so moved. Drescher seconded and on roll call, passed unanimously. No comments from the audience. City Administrator Almquist again reviewed the preapplication and read list of eligible activities, rating criteria and ranking procedur (see attachment to December 21, 1976 minutes). Almquist said the pre- application for a swimming facility in the amount of $500,000 to be located at Hunter Park would be part of the 3.8 million allocated to the State of Oregon and that preapplication for funding would not nec- essarily mean the City would be invited to make final application and if it were invited it wouldnlt mean we could count on the funding. Almquist said thst although copies have been on file in City Hall no comments have been made by the public. Mayor Prickett opened the public hearing and asked for voice of sup- port. Bill Patton of the Shakespearean Theatre spoke on behalf of children and adults of Ashland saying that such a facility is necessar to citizens of the City. Bob Hudson of 1451 Telman Creek Road said he felt the City is using a dishonest approach by using the college community for a criteria of low income to justify a swimming pool need when the College has a pool of its own. Almquist said the preapplication is not false and that he followed criteria and guidelines showing poverty factor and the loca- tion of the problem and in this case it involves the area of adult student housing etc. ~' Mrs. John T, Reilly of 1049 Hillview pointed out that as a teacher at Walker School she is aware that it fails in the poverty area for fund- ing. Carroll Corliss of 520 Fairview asked what the operating expenses would be after the pool is built over the next ten years and was told by Almquist that it would create a deficit in operating costs of bet- ween $25,000 & 40,000 per yr. but estimated costs. were not fully worke out as yet. McCannon said chances of getting the grant are slim and that if we do get it that the costs could be presented to the citizens for a vote and that it wouldn't have to be accepted if turned down fox operating costs. Francis O'ConnoD retired civil engineer living on Telman Creek Road essentially agreed with Hudson in that the college people shouldn't be used for low income criteria for swimming pool. Pg. 2 1/4/ Regular Meeting ~ubli~ Hearing cont. ~ommunity Development BEAR CREEK WATER PUBLIC HEARINGS Ashland City Council 1/4/77 Pz. Mayor Prickett agreed that operating costs should go to the people foz a vote and said he disagreed that preapplication was disbonest and wondered just how long a person would have to live in Ashland before he could be called a citizen and that many students live in Ashland fo four or five years. Paeton agreed'saying that if students aren't con- sidered residents, then it is dishonest to accept monies~rOm the Stat based on residency, Hudson apologiz~ed._jfor using the word "dishonest". Ragland said ~he. need for a swimming pool for the people of Ashland hl been illustrated by Council's supporting subsidization of a swimming program to make swimming available and that the pool now being used is an old structure which won't be useable for very much longer. Fred Binnewies of 924 Tolman Creek Road agreed that a pool is needed but dislikes applying for a grant to fund a pool and suggested that a bond issue be voted on to make the monies available. McCannon agreed in principle with Binnewies but said that part of the federal monies belong to Ashland and to reject our share would be s~mt to return it for another City's use. Prickett agreed saying that the federal funding appears to be a trend which will remain for some time. Bob Hudson suggested that volunteer money be used and offered to supp- ort such a concept. Corliss asked if otber Councilmembers agree with McCannon on calling for election on the issue. Ragland said he felt Council represents th people and is expected to make decisions, but a new tax levy will re- quire a vote. Laws agreed that a vote is required to levy a tax. Drescher pointed out the time frame before preapplication doesn't per- mit a sampling of opinion. Mayor Prickett said he doesn't feel the City can fund the deficit from any source except a new tax levy, which can only be adopted by a vote of the people. Duane Smith said that the Council should make its own decisions and that each decision shouldn't have to come from a vote of the people. Public hearing was closed. Laws suggested that on the preapplication it be noted that although the low income families come from the coll- ege community that the college has its own pool and it serves the college population. Laws suggested that poverty of students be delet~ and Almquist said it would be difficult to separate the individuals. Laws then suggested that we go on record that swimming is available tc families, Phelps pointed out that swimming is available at the conve~ ence of the college and is often closed. Laws moved to authorize the City Administrator to submit the preapplication as modified, Phelps seconded and on roll call, all YES, Item 8 of New & Misc, Business was moved ahead for convenience of Talent and DEQ representatives. Mayor Prickett stated his concern on learning that status of Bear Creek for drinking water was being con- sidered by DEQ and he had directed Almquist to get minutes of the meeting on the subject so that intent is clear and suggested a meetin~ be held with DEQ, City of Talent and the Health Department to study the matter in depth. The week of January 17 was suggested but a final time was not set until more information becomes available. Mayor Prickett announced in the future public hearings will begin immediately after approval of the minutes to accommodate the public. 1/4/77 Pg 3 Ashland City Co,incil 1,/h/77 Z,... h PUBLIC HEARING - Baflew/ City PC Amendment & gone Change No. 49 PUBLIC HEARING - Goddard Almquist requested the following be entered into the record: Memoran& from the Planning Commission which he read, Staff Report of December 6! 1976, Council minutes of November 2, 1976, and copy of legal notice calling for public hearing. Planner Himes showed aerial photo of the area and..stides showing the easement and a photo showing the rear of the property and explained the proposed use as being a boat storage facility and mini-warehouse for personal storage and explained change in zoning from C-3 to C-l, commercial-retail. Himes said that Ballew has plans in for his building permit. On Phelps' question as to how the neighboring residents feel about the proposed use, Himes said there was' concern labout the commercial activity it would generate. Mayor Prickett asked for opposition from the audience and there ws~ no one present against the proposal. The Mayorsthen opened the public hearing on ~he.'~Personal S~orage'~ proposal and asked ~or comments from the audience. In the absence of any co~ent, the public hearing was closed. Drescher moved to adopt findingsof fact on both items; second by McCannon and passed unanimously on roll call vote. A memorandum from the Planning Commission on Comprehensive Plan Amendment No. 6 and Zone Change No. 49 was read by the City Adminis- trator who asked that the memo, applicant's findings, minutes of the ~lanning gommission dated December 13, 1976, staff report of December [ 1976 and Tape PC-8 be made a part of the record. Slides of the area showing the 3.8 acre site and plans for the eighty unit motel, pool and parkin~ area for motel and a section in rear set aside for recrea- tional vehicles with hook-ups was shown by Planner Himes. Himes explained that the motel would be developed in two stages, the first stage to include 40 units, pool and off-street parking, and the request is to change the Comprehensive Plan from High Density Residential to Highway Commercial, and a change in zone from RR-5, Rural Residential, to C-l, Commercial Retail for the location at southeast corner of Highway 66 and Clover Lane. On Mayor's question as to whether any more than the original forty units would ever be built, Almquist said that the ordinance will be effective only when the contract is let. Salter said that this condition is not in the agreement but will be in the annexation ordinance. Mayor Prickett opened the public hearing. There was no opposition to the proposed motel-restaurant complex. Attorney Cottie asked that the tape of ~he'request to the Planning Commission be included as evidence and would like the understanding that since there is no opposition, th~ original evidence would not need to ~e presented to the Council again. Cottie asked that Bill Patton's (OSFA President) support also stand. Salter said there was no objection. Cottie then introduced Dora Bowma~ from the Information Center and asked that she supply statistics on ~rowth figures of traffic and inquiries as to accommodations in Ash- land. Dora Bowman said that in 1967,26,225 visitors had registered and in 1976 over 78,000 had stopped. Bowman explained that when peopl~ reach the summit of the Siskiyous they are usually ready to stop and a~ded that many recreational vehicle travelers inquire as to where they might hook-up and that there are very few places to refer them. On Ragland's question as to when the recreational vehicle part of the request came in, Goddard said it was an afterthought and being planned because it could make use of the land available and felt there is a need, Ragland said he is disappointed that it would be included in th~ type of motel-restaurant complex planned and that he has never seen on~ that looks good. Goddard said he would delete the r.v. section if 1/4/77 Pg 4 Rr ~r ~,~eeting Ashland City Council 1,/h,/77 P~ ___ Goddard Request Cont. Chateaulln Restaurant Liquor License Request "NO SMOKING" BAN there is any objection at all. Bowman gave statistics on full or part- ial hook-ups in the area and illustrated the need. Ragland agreed that there is a need but that Ashland had not felt mobile homes compatible and will vote against the request. Cottie said they are trying to provide accommodations for arterial and highway travelers. Bill Patton said that only 20% of the audience at OSHA can find accommodations in Ashland but that he hadn't thought of the full hook-up facility as aiding the problem. Prickett mentioned that a recent ordinance was drawn to preclude parking of recreational vehicles in the park area and this type of facility might well be used by these theatre patrons and others. Cottle reviewed the nonavailability of suitable property in the area saying that the Valentine property is not for sale and other vacant property across the street would not be adaptable for use because of it's topography. McCannon asked that some guarantee be made in the contract that the r.v. use area would be made attractive. Cottie said the conditional uses are subject to control. Goddard suggested leaving the development of the r.v. section until after the first phase is completed so that the class of the structures and land- scaping can be illustrated, On Mayor's question Chief Hays said rov. use wouldn't cause problems the department couldn't handle. Duane Smith of the Chamber said he agrees that the r.v. wouldn't be attractive with a row of vehicles but that the Mark Antony will probably not be available in the coming season and those accommodations would help keep our visitors in Ashland. Goddard said he would not allow tent camping. Prickett said he would like to see a limit put on the days a r.v. could stay and it was agreed it could be made a part of the agreement. On Mayor's question on meeting rooms, Goddard said there will be two which will accommodate fifty people each and that some type of folding wall may be used to open area up to one large room. Bernard Pradell of Chautelin Restaurant said he could see no problem of having the r.v. use because there are mobile homes parks in the area The City Administrator reviewed the conditions on the use set by the Planning Commission and the Mayor closed the public hearing. McCannon moved to authorize the Mayor and City Recorder to sign the agreement with amendmen~ to prohibit tent camping and restrict r.v. use to 7 days. Laws seconded and on r011 call, all YES. Recorder Butler related that he has a requsst for a year around Class A Dispenser liquor license applied for by Bernard and Alic~ E. Pradel for the Chsteaulin Restaurant at 50 E. Main Street and that previously they had a license for a six months period. Ragland moved to recommend to OLCC on Pradel's behalf; McCannon seconded and on roll call, all YES. Laws moved to add smoking discussion to the agenda. Drescher seconded. On roll call, all YES. Laws moved that "no smoking" be waived for the rest of the meeting only; Ragland seconded. On roll call, McCannon, Laws and Ragland voted YES. Drescher and Phelps abstained. keSular2!_et_t_jng Ashland City Council 1/4/27 P8' ~nti-Recession Grant & Supplemental Budget PETITION FOR D~ROVE- }~NT OF ORANGE ST. CALIFORNIA-PACiFIC UTIL. STREET CUT REQUEST CITY PLA~ER POSITION Almquist said we have received a grant in the amount $22,157.00 from Anti-Recession Fiscal Assistance, and the money must be spent according to certain guidelines by May 19, 1977, or returned. He said additional employees were being put on the payroll, and he finds that the purchase of tools and equipment for those employees can also be obtained with the funds, and therefore requested a change in the proposed supplemental budget to approp- riate $725.00 to Engineering Division Capital Outlay for a drafting table, and to make reductions adding up to $725.00 in the three other items of appropriations so that total appropriations will still be $22,157. (See Resolution No. 77-2) Mayor Prickett said he had never before heard tbe need for an additional drafting table, but Almquist explained that we have operated with two engineering technicians and two tables in the past, and the addition of another engineerin technician at this time prompts the request for the table. The mayor felt the request for the table should have been concurrent with the request to hire the man. Almquist said it could be possible for three men to share two tables, but not desirable. Laws spoke of increased efficiency by providing adequate work facilities. Drescher moved to amend the supplemental budget as recommended by Almquist. Ragland seconded, and motion passed on unanimous roll call vote. The mayor then opened the public hearing on the supple- mental budget. There were no comments from the audience, so he closed the hearing. The resolution to adopt the supplemental budget appeared later on agenda. Petition was submitted from the residents of Orange and N. Laurel Sts. for construction of curbs, gutters and paving at a cost of $15.30 per foot. The City Administrator said that since one section had previous- ly been assessed, the percentage in favor of the improvements was reduced to 48% and stated that the policy has been set at 5J% in favor unless the policy is changed. McCannon and Laws agreed that there was no reason to go ahead without a majority of the owners-in favor. No action necessary, but resolution later on agenda, ~o letters were read from California-Pacific Utilities Company requesb ing permission to make small cuts in Avery and Beach Streets for repair of gas utilities. Rag]and moved to grant permissfon, second by Laws and passed unanimously on roll call vote. C~ty Administrator Almquist recommended that Planning Technician H~es Be made City Planner to replace Karl Mawson on a temporary Basis until completion of the comprehensive plan at which time Himes~ work can he evaluated. Mayor Prickett said he was given a letter from Murray Gard- ner in opposition to placing Himes in the position but that he had forgotten to bring the letter explaining that it was in the same tenor as a recent letter in the Daily Tidfngs. On ~uestion as to qualifica- tions from McCannon, Himes said that he has a BS degree in Geography and a Masters in Planning from the University of Oregon, M~yor recom- mended Himes for the position until completion of the comprehensive plan at which time his performance can be evaluated and McCannon so moved. Drescher seconded. Almquist said Himes' salary would be $1250 per month as Acting City Planner. On roll call vote, all YES, 1/h/77 P~ 6 RaFalar "ee~jn~ Ash!and Cit~' Council 1,/h/77 ~. 7, POLICE REORGANIZATION ADMINISTRATIVE SECRETARY REORGANIZATION OF FINANCE RELATED DEPARDIENTS FINANCIAL COmmENTARY NOVEMBER 30, 1976 P & R FINANCIAL CO~fENTARY NOVEMjBER 30, 1976 ORDINANCES, RESOLUTIONS Transient Occupancy Tax Penalty ZDNING ORD. ASHLAND/ BALLEW, Applicants PERSONAL STORAGE ORD. RESOLUTION AMENDING COMP. PLAN ASHLAND/ BALLEW FINDINGS OF FAC~ A letter from Chief Hays urging continued implementation of the plan for reorganization of the Police Department including creation of a position of Police Administrative Secretary was read by Almquist. On McCannon's question Chief Hays said he had no one on his staff with experience needed for the position and that he will advertise. McCannon moved that the request be granted;.Ragland seconded and on roll call, all YES. Finance Director Nelson reviewed his schedule for reorganization of Finance related departments and requested permission to train one Clerk II on the Burroughs accounting machine for relief and peak periods and when trained to be rated as Clerk III. Nelson explained that employee would remain in the billing department the majority of the time and that in the process one Clerk II position could be elimina ted at a saving of $5,500 per year. Ragland moved request be granted; McCannon seconded and on roll call, all YES. Nelson said that CETA funding has been assured until September, 1977, Report was received with no action necessary. Financial Cormmentary for Parks & Recreation of November 30, 1976 was received - no action necessary. The City Administrator gave first reading of an Ordinance amending Ashland Municipal Code Section 4.24.010(~) and 4.24.130 which relates to the transient occupancy tax. McCannon moved to second reading, Ragland seconded and passed unanimously on roll call vote. First reading was given an Ordinance amending the Zoning Ordinance to rezone certain property from C-3 (Commercial'- Heavy District) to C-1 (Commercial-Retail District) on property situated at 2315 Siskiyou Blvd. McCannon moved to second reading, Ragland seconded and motion passed unanimously on roll call vote. Almquist gave first reading of an ordinance amending the Zoning Ordinance to add "personal storage facilities" as a conditional use in C-1 Commercial-Retail Districts. Ragland moved to pass ordinance to second reading; Laws seconded, and motion passed on unanimous roll call vote. A Resolution was read amending the Comprehensive Plan to change the designation of certain property from Heavy Commercial to Convenience Commercial (City of Asbland/ Ballew, App.) McCannon moved to adopt, Ragland seconded and motion passed with all YES. At this point the question of the adoption of all necessary findings was raised, and Drescher moved to adopt findings on Ballew and Goddard requests if not previously adopted. Ragland seconded, and motion passed unanimously on roll call vote. 1/4/77 Pg. 7 }xt~ZJJ,~L' 2qcc._Lln~ :~5h15:I~-C t~ZL}' tCuunCl_i 1/4/; I i'~. b IMPROVEMENT RESOLUTION ORANGE STREET RESOLUTION ON SUPPLEMENTAL BUDGET LEASE RENTAL AGREEMENT Planning/ Building Depts ADJOURNMENT Ragland moved to deny the petition for improvements for the lack of 50% support by owners; McCannon seconded and motion passed unanimously on roll call vote. City Administrator was directed to notify owners. Almquist read a resolution adopting the supplemental budget making appropriations, and increasing revenues. Ragland moved to adopt as amended, seconded by Drescber and passed on roll call with Phelps, Drescher, Ragland, and McCannon in favor; Laws opposed. Agreement on lease of additional space for Planning and Building Depts. at a cost of $90.00 per month at 27~ N. Main Street. McCannon moved to authorize signature of Mayor and City Recorder; Ragland seconded and motion passed without opposition. Meeting adjourned at 11:05 p.m. J M. Butler der 1/4/77 Pg. 8