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HomeMy WebLinkAbout1977-0301 REG MINVi'.s:auien of alley -- bet. i'losp{,ct & Elm SIs. i'4.I,N',ITES OF BOARDS, CO~f2tlTTE);,'; FEe,IVdI:ES OF 'rile Ktl,eULATi ASHLAND CiTY Cn,~INCIL i.:arc]i l, 1977 The cxeoutive sess~ou scLeduled for 7;CIO p.m. was canc~]l?d. Z The Pledge of/!!]egjance yes !,'d by >%~yer Pr~ckett meet!n/., to order' r~t 7:30 p.m. on the above date in Courcli Counci]r'lan }~cCnuncn roered for n?prova] o!7 m~nutes sic the Yep)%];A7 meet:kn~; of FeLruary !5, ]977 n.M A~jo'u'oud Yeet~nS~ c~ vnl..~:u~,,,, 22, t977, Pimlp~ seconded apd motion pas~sed vnanimousty on voice vote. m~we4 this [~dFINU:UF;j BUi~!"I::S'S :;tern to the top of the us-It- rmts~de the City lXmir~; a'ed requestc. d that Counc/J that the l~eop].e ]ix'inZ in t!.c. Osk Knoll area were a]wsft; t~:..t<' though they li'o iu the Czi, ty but that on oca~qjc:'~s moved to put them on same water restrictions as in City. l~'hei'f,s seconded. Ranland said he ~,,on],d like to see tBe contrac~ ~roVjs!, kept in mind should water Become more critical. the people don*t live up to tbls agreement then Council sht,u]4 able to go Back to the a[;reement. Mayor agreed. that agrccmc..pt on tel] call vote, opened Dubl:Lc hem}inS and ask~d ~or opposition to apes'i. McCannon moved Ibat minutes of hoards, cc,mT,,itt'ees be accel,ted and placed on fi].c~; seconded all YES, A letter vlas read re~ect:inS City of Ashland' s funding a proposed ::wjinmin~ pool facility, No act-roe W. L. Rohsrl:son spoke from thu r~_t3dience quert:",clnii~.g Godderd cnnt:~nct and the or0i,.ri,ces vhich Bzn5 been ar]oprnd strut' [;elkt tipOil (~oddard f~i~x'~B~ a thor n~s propurey 17511 not be ,:nt~tled to au:l d~ix,,:rrcd f.o hi[r: offffca yn~;fc~:lav reqt~[.rod Io he ~9~,-ught l, ac'.t re 3/1./71 P~, PUBLIC F~.~RUM cent. Council Vacancy AIR QUALJTY CO~4ITTEE INVEiI'iED W4TER R,'~YE STRUC'IURE I~FINISHED BUSINESS ASHLAND CO~E~,~. HEALTH CLINIC Robertson addressed Sa]ter saying that he had not yet received a ballot title for the referendum he had filed wi~h Recorder Butler on Thursday and that limit of five days had expired. Sa]ter said that the fffve days would denend on whether works-days or weekends are included and that since the t'ftle Robertson's attorney bad sub- mitted was not in question forla (~o oue could vote with a "Yes" or 'lt~o'l) he has suggested an amendme~t for that reason. Robertson he would prefer. that Salter prepare t~tle and Sa]ter eErec,~ to do Laws moved to ]~!ace Council vacancy item oil agenda; McCannon secon!~: and on voice 'vote, all YES. Laws then moved to postpone filling vacancy to next meetrfng on March ]5; second by McCannon and on verge vote, passed um~nimonsly. A letter ~as road from Coma~issioner Dotv requesting, that the appoint a re!,:esentative to an Air Quality Committee being fl~rmed hy the County and DEQ. Councilman Phelps volunteered and ]T,~v~r appointed. !l%ayor Prickerr reported that he and the City Administrator ha:re working tovard an eqnit~cble system of possible allocation f~:f a of water to a re~dence at a flat rate w:ith larger vo!u~nc:;~ :~!: siderably b.i~]~er fee and even water cut-off if ~cemed neces:~;~:y to cnn~ rcf[~ ~:rici~ett se,[d an attempt viII be made to hold torn! sumption to ~ million gs'[].ons per day ff~ the summer months which would be about 3OZ lass than non~all~~ used, aud hope~ul3y ~.:'jtb eventual fi!lfi~g of the reservoir a~d the continuation of dedicated water censervat'inn it may not be necessary to increase wshe~: r~tcs as long as the reservoir is fui]. Prickett said a basic t,]oc~n of 200 gallons p~r person per day is being consfdered, and thnt he citizens of Ashland should be commended for thefir coo~eratff,~ fin th~ water conservation effort and added that the C~ty f~ust he cc,~ ,i~"tnt of its responsibility ss far as median strips, perks etc. Britt"~ Hazell spok~ from the at~dience as a resident of Oak Knoll said they had been conservinI~ for so;he time and that she and her husb,'md w~il jeopardize new landscapn~nE fully realizing the water crisis, added that they would abide by the contract for Oak Knoll as writtoY Letuers were read from the Ashland Commnnity Health Clffnic request. ing City fund:z and Prfckett called attcrtion to a Resol~tl:!zn on the Council table to support the efforts of the Clinic. Mar.~d:~ne (]rov~z coordinator, s~ffd that th~y are seeking, suemort of the eo~e~:ut and funding and read the resolution. on Mayor's question as [~ there was already a request before the Budget Committee for Sharinp mourns, f;rove said there is. L~u~s sa'fd tbst the doesn't call for funding but concept support and for C]inic'~: use to request County funding. Prickett said adoption of the would not be fair to otl~nr agencies making requests. On ll~cC,u~.on's quest-{on bf Salter as to whether ad~pt]ng t:he resolution v, mh~ in'~b fffnanci~l stropart, Salter said it would not ]ef~ally con?nit ths Cfty but said it [~' a strong star'truant that may morally call iox support. Pr3ckett oommented on wordlug as a concern and ~d?,d ~] ft Cormnunity Health cont. ENERGY FAIR COI%NELIUS KETAININf-~ WALL Exbibs; t MAYOR ~ S A}IPOINTHENIS the Ashland Co~mnunity Hospital offers the same services as are spelle out in this resolution and there seems to be a duplication of servic. LaWs moved that Council go on record as supporting actSvities of Community Health C],i~ic as prograin presented to us, and we wou].d be in favor of f~nancial support by Countv or non-City agencies. Pbelps seconded the motion and on roll call vote, passed unanimously. Rag]and and Lows gave a report nn Ash]and's partic:[patjon in the Energy Vair and reco~l~mended that City provi{le $50~ for ~yor]dng capita (which would represent abclut 10¢ ~e'~ household) and that a mock-up oC the ~atershe~ be nsed for ~sp!aN ourposes and they woulct get ~n tou~ with Fallen for worldn~t out of dc~ails. La~s moved that City provide 8580. Ragland secon~L_!d~ Council agreed with the Mayor on ,his suggez ion that monies c{,~ne f~om Utility Contingency Fund. On roll call vote, passed ullanlmousty. A memoranchm~ from Dff~'f-~ctor of Public Works Alsing dated Jan. 28, lc!7? x,.~as read giving cost estimates for re~aining wall and gnard rail in connection with prop~'~sed wall to protect property of W. Cornelius fro further mudslides from Oneida Circle above the Cornelius ~ropertv. In see~ing abat~nf=nt of the nuisance dud jeopardy of the sli6e arcs Cornelius reviewed {:be history o~ thr~ preb]em from the develop~eut by Windb~gler, the slide during tLe flood of 197Z~ and suhse~n~e,~t decision not to hold Windhigler ~esponsible at t},is t~me to replace the "hold-a--hill" wall he bad orrlgins]ly erected which did l~ot comp} with C~ty specifications an8 that City now build x,~a]l on its es~n 1 i}?~[--of~*~a.¥ at ;i fractior~ of tNe coos subniCted by AisfuS. Om qu{~n- tion by HcCannon relative to ty~e of x,-a]l, AlsinE explained that in wo~ld not be advisable to locane the wall way op the hill but where Marquess had {]esigned it located on the Cornelius property. Laws asked ~f the City could draw some type of s~gre,~.ncnt that there coly]d be no more claims after construction of a wall. Salter sa{d ~:hat i' we ~re talking about a new problem after a wa]! ts built tNe t}nlv res onsibili~ry the City would have would be the design or con~{rnctio an{ said that you can't excavate your ground down to the point wher{i the ground above is under~nined and them complain that it doesn't up. Cornelius brought up the snit which held the Windbigler wall to be sound. Alsing said that when the Windbigler wail was erc~'t~,S tb;~t W~ndbigler owned the pro~}ertv and the street sad tbz~t be b}~d attentior~ to the problom during three sdq~inis~';nzJon:~ of ~he with no enforcc~ment until the court case. McCa:~}en wo~de~'{~d wi~i~ C~lr5' Rlsnfi o~ er~c~ing a wall wheli ~t doesn't ~:,~, a legal {~}] ]~;~ TO d0 s0 woul~ ~e 0n a moral obli%tion basis. Salter s~{i{~ ~!e Cit'~ does not have nb]igatrlon because claim must be fj.lcd in sir Ragland said the City has an obligation to enforce its ordlr. r~r!c{~s, moved that City put un retaining wall as shown nn drawings; i,aw~ onded and ~no~ion passed on unanimous roll. call w~te. PricPctt mended a "hold harmless" agreement so that there ~vould be no dosage claimed. Cornelius a~reed, but asked that the City t.'ilqe due precaution in construction to protect landscaping where Ragland felt ~hat City should not build Rusrd rail and so second by McCmnnon and passed unanimously on roll call vote. Prickett appointed tlarla~% Treat to l--voter term on Planning and John Morl'ison to two-5~ear te~ln on Historical Commissj(~n. moved for approval, second by Phelps and passed wltb all YES. 'Tra/{ic Colam. Racere- _Midsu!nmer Days Diream 2315 G'.:eonsprinF_s Ih:v Sign P, evic~,~ Committee Liquor iAicanse ApDJica~ions A memorandum from tile Traffic Commission xras read reco:mm?_nding credit ment of the center jsland on HiSbuoy 66 from Park Street to Hi~hwaI, 99 and a traffic s:tgnal light as pert of the project (or that condu~! be instalJed for future signs]e). Also recomlrlended was a "f~re Lane' signal at fire statjoi: 2. RaRl,x;~d moved to accept recoi,mnendatiun~ a: forward on to Higb%,ay Di\dsiou: haws secopded. Mayor Raid that the recommendations shou].d be fol]owc,d up from tnjn:e to time to assure action, On roll call, all YES. A letter was read from }~ormld E. & Allerie l:av Scholar ~aqueating they be liccn~ud to sell ice cream and betel,.:] .op bei~een of ]].:OO a,m. avd 8:On p.m~ fra,,~ Ful<]-Apr[1 t'o mld-Sept,~:nber in tb::~ residential sc~ctio~h: of Ash]~nd. Allmu~uist ~u..n/lained that the v:,as workik~g h~i~ ?7,~.v t]n:u:~[h co].]c;a~ and that this won]c~ fro:n the so]jcL/tnr~g ~,'en:;e ord'inu-tce. ]<eEland movej ~t.que::t 'be A letter from G,{]l,q/{ J. ],!eun was read requestinF at} nddj~-~e?.;~l wstei to the prepefT wl~[c u;~s oriLgi~m]jy metere<! for service, man:r o t]]e]:s :,ray:{ otis] y r { c [le bcm/ht proper ty wLt haul hn,.,j~ c,d~:,~ o s:ecouded, On question from RaZiaud as to ub<';hen th~c Cl[{y (~/! ill.]r: this, Soltar sab_~] it x~,ou]c] be s{ro,~plv argueable ~nc.~=~ It',,-, pc{~p,v~?? cutside tbz ,City. Align{r< s:i{:~ :L..:, xl]._:, ~b.. ('~{.y: a,.,..,},kel intentrenal ou the pre:{e~lt o~,n~ai~s part. On ]r{,ll cg]l~ all A mcmorandu!n from the Plannin[l Commi.%sian was read sll{cgest{~h[r mittee to rev~exc all nc'x~ prcI>esed signs by three ];]anr~bnp mc~'3ers and the Planain~ staff ahd co:qment on the signs ncl~hrn;-, Co,'uittee would have no regulatory power. l,al,,~s move,d to ~iruct sin? to prepare areerR{merit to ordinance & Phelps seconded and on r{~il all YES. So]tar sa!{l the.re would have to be a public hea~jr, g is to amend the Zoning OrdLnance. Applications f<lr liquor licenses from Ash]and }!i.l]s Iun, llwy 66 from Noel A. Leslie, Ne].s E. Sandstroiq, and ~.Tar]. A. lierosen: Hahn Street ~[arl~et-, 372 E. ~fain from Kenneth J. & Julia 1<, Bcgm; Underground Geurmet Delicatessen, 125 E. ]{ain basement from .]ar~es and Caro]vn Branham were received. Mayor Prickart indicated Leard from Rockefeller De].j of [~0 E. }rain who contz~cted him re, get the applic~.tion on tbP r,r~epcla bHt wanted it included in tion with others realizing their re{luest ~s culnjrl?. C)lj,2f the Branhams have been invast~gateJ bnt th:=~t el] records are on the firs't two app]ic:~nts but he sees no DrobJcn. Pr~cliett Plaun~ng Commission has yet to approve but theft Ashland lli!ls need to know license is availaLia in advance of constructffo~ moved to approve Ashland H~l].s and Main St. Market subject t,~ approval; Lm, s sec:o~ded and on roll call, all YES. ]laglaY: approve Underground Gourmet De] jcatPssen; second by McCanncm rolll ca]] , roethin passed unanimously. Almquist asked if No,~] of Ashland }ti]] s might sh{ w his p]s.s for proposed Note], set t~me for the end of tNe meet].n~. 3/]/77 As]/larld C5 tv Council 3/1/77 ~!:. % VARIANCE Bal]e',-' Property A memorandlm~ from City Ad:a~inistrator Altoquiet ni~G Fire Chief Reed was read concerning a fire hydrant vatSonce granted by the Planning Co~n- mission (Site Plan Rev[ct~ No. 45) and requesting clarification of Council polS?:' '~-'~-"..;.. ',~f P]annin~ Commission to authorize a variant, from an ord:' ~:r~:;,:,' ·:" general nnm'~cipal code. On Mayor"s quest~oLt as to why s :" .] ,T"~ . .. was asked for, W. H. tIa~npton II! ~e=,Feser~ti~ the devetope. '..:' · ,a~ned theft when the Site Review7 pTnCQSS toot' place back in Dc,,.,,,f-:;. it was for the renovation of soma shc{~s ~ith new re;co ~ ad,tcd when t-be qu~,stion canLe uD on fire, pzotec~ ioa and minui:es showed a hydrant would be necessary at con!tel ]ocat~c but not tmtii another bu[nding is e~ect:r'd. Hamx~ton added t:bat the Ptan:~ing Co~m~ssffnn henflied the request as just a remode]lin~ job. Hampton argued th',: ":. ];':ire (:ode ~s not an o~dinance and A!mqujst jt is, haviug a.: '-~ !'ire Prevention Code & iSO Code which cal:s hydrants every 3.'~ ' :t in eommercia] ai:eas and that the CitV~s ~rn:~: is predicated st~jculy on compliance, llampton qt~estioned Ccuncil's po~yer to overru'lr~ the P]anninf~ Con~:x!ssion. Altoquiet reiter~te.J conee for the retent:;on of the Clash 5 ra[jng saying that ~t woul~' cost c~t:l zens of Ash]and tens of i.houssnda o~ do]!srs to lose t. hc~ rating that we are wit:bi}l a natroy;, margin of losing that rating. ] 3:7s his concern thz~i: people are go:inS to Be put back in an area x,r:::icb been vacant - that the st"~ neturea are wooden - that autor,ob~:{e ,a~},'] boats increase fjra dnnp/tr axle) that rn:::/c~ent~al area wou~d Lc ~c~e nerohie with use. ;-~mptoT, -;nd~cated that should the propeT ty t~oxt: around $5~00f). Laws asked Chief Reed to comment and Re~d sa:%d that the add:ltjo;l o~ cc~'nbust~h!e materYale - gasoline tanks which be taken out of inboards being stored etc. and the nearest ~ct:~ cc el water for fire x.,~ou!d be across Siskiyou and that the long lay ef would cause a pr~szure prob]em and create a greater rjs;,: of 1:~:i, o: life/property and a danger to the wesjdential area. I, iap'or qu:s the theory that the hydrant isn't considered necessary but ~;-~:r ihe property next to it sells, Be]low rill propose to instalL] ~::~:: in the cost. Prickett reuon2uended tab] ins until the n~inute~ ar~: ~z earchod and added be was a little surprjsed that the Chief sol" a hydrant ~,7as needed'. :nd that direction ~n~st be sought as to ~:hc~i],E~ t>'. decision falls wji:,~in ~he realm of bea!i-h and safety, Raf{!jnJ moved; Phelps seconded, A]mquSst said ~he Site Plan Revie-~ v,n~3 ncvc intended to give the Planning Co~s~:~ss'[on authority to changn any codes, On roll call motion passed unanimously. Prjckett di:::ci'c~] Almqu:[st to get the documents together ard arrange meeting vld: ning Commission on Tuesday night at 7:30 p.m, FIIqANCtAL REPORTS Financial Reports x,'ere accepted w:[th no action necessary, STP~E[T It'IPROVI3MENI' DIST. NO, 43 A Tnemoran,~nm froin Recorder Butler was read in which jt t,'as stated copies of the ordinance yore distributed and notices were and posted in aceordiance ~J:[th Article X Sec. 2c of the Cha~-t~r pre- cluding the necessity for reading the ot'd~nance in fall. gave f~rst: reading of the ordinance by t~tle only levylnf~ gf~cP~ Rag]and seconded an:[ on roll call, elf YES. ~eetLng adjonrucd to Study Session At 10:15 p.m. to discu~:s