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HomeMy WebLinkAbout1977-0315 REG MINMINUTES OF 'II]15 iU;(;ULAR ME1ZTING ASHLAND C['[v COUNCIL March ~15, ]977 PLE/X;E O}.' A] LEGlANCE & ROLl, CALL APPROVAL OF HINi~TES ELECTION OF COUNCILMEMB]ER MINUTES OF BOARDS, CO}t~flSS]iONS ASHLAND SENIOR IIJGit DANCE ASHLAND SR. HIGH DANCE CURFEW DANCE-A-THON HERSEY STREET IMPROVEMENTS NATIONAL TRUST TOUR Dept. of Transportatjon Rarks & Recroation Branch The Pledge of A'I leglance was led by Chairman McCannon in the absence of !:he Mayor and the meeting was called to order air 7:30 P,M. with Counci!n~en Phelps, ])reschcu'~ Ragla,~d and Laws present. Minutes of the regular meeting of March 1~ 1977 were approvl,d as presented. Election for Position No. 6 was opened and Phelps moved to nomin- ate Charlotte Sheldon; Dcesc!her ~K~ved to nolni~latv Ruth Ragfiend moved for ncmln:d ion of Bonn:ie l{amilton; NcCannoD l~lovcd to nominate Polly Ilest'er nnd Laws moved to close ~3ominations; Drescher seconded and on voice vote, all YES. On sI~ow of Sheldon was giver, one vote xqhich was by Pi:c, lps; l{ibbard was g; one vote by Dreschev; Heater was given vote by McC:~r,~on acd ton was given the votes of Ragland and Laws. }tam'i]tcn was declared noninated. McCarmon called for a vote between those one vnte each. RhelDs, Drescher and Laws voted fc:r ifibDard McCannon voted for t{ester. McCanron declared Ribbard a nom~n~zs. On final vote berween Hamilton and Hjbbard, Hami!ron recejved vote of Ragland, McCannon and Lsvys; Drescher moved to dec]are tn= election unanimous. Since there was no objection, NcC~nnon so declared. Judge Mensell administered the oath of office and Councilwom;u~ Hamilton took her place in Position ]'{o. 6. Ragland moved that minutes of boards, comtniss[ons and comrlitiee, s be accepted and placed on file; Drescher seconded and on volcr. vote, all YES. The City Administrator reviewed applicatiou for dance ] iceuse request for waiver of required fee and bond as submitted by Ashland Senior High Sophomore Class. Rag]and moved for approval: second by Phelps and on roll call, all YES. Application for waiver of fee and bond by ASHS Drill Team and curfew was considered. Debra Pinnock said the time had bc, en changed to 3:00 p.m. Saturday to 3:00 p.m. Sunday for the Dainue. Ragland moved approval be granted; Phelps seconded and passed unanimously on roll call vote. Petition for pnb]ic hearing was received from proDcrty ouct:rs consideration nf paving Hersey Street from Mountain Avur, ue to N. Main Street under the FAUS program. On McCannon'b qu~;l::!o-L as to why fourteen property owners did not respond, Director of Public Works Alsin~, said it is usually because they are abs~n'll,-e owners. No action necessary - resolution later on agend:~. A letter from State Parks & Recreation on the N:~tional Trust Tour v:as read showing agenda of historic prescrvat lon l{,nr a~d Councj]ma~ Ragland announced date as Harch ]8, 1977~ at 2:30 p.m. and that tlne }Ijstoric Conmffssion, Chamber of Ccnm~crcc and Planning Commission are invitod to participate. 3/]5/77 Pa~c ] FUBLIC FORUM UNFINISHED ~US]NESS Cornelius Wall Bob ltubhard from the audience spoke of need to repair pipe at the end I~ear Hoslar dam est:imating ',h,_' less of water to be around 200,~00 gallons. Alsjng said tile water is picked up from Ash]and Creek above the f:[]ter plant. Itubbard claimed thee the leaks are causieg erosion and damage to vegetatffon and recoi. mended that welds replace wooden plugs in leaks. Water Quality Supt, Fallon said that the p~pe had been installed jD 1932 and is in Deed of replacement. Rag]and sC-ated that the Parks Commission wants to meet with Council and suggested Tuesday, March 29 at- 7:30 p.m. Council agreed to meet at that time. The City Administrator said a meeting with Talent Irrigation District will be held on March 29 at 2:00 p.m. in the T.I.D. office in Talent. McCannon told Counc~]momsn Hamilton she could abstain becanse of her unfami]iarity wjth the Cornclips retain~g wall Dreschcr's ]etter relative to the retaining ~all was read reques ing reconsiaeration of approv,~d motifon to erect a retain~n[~ wall at City expense. Drescbcr said be objects to the e~,p~Ddjtnre because the City has DO legal ob] [get:ion and the tootieD to the wall was based on a moral obligation according [o ~-he m~nDt~ of the meeting. Drescher said that we are not in the posit~,~n iDdjvjdua]s - builders and owners -* and s~mply set regu]ar'~cns t be followed and codes to ba complied with. The only remedy be against the builder and for the City to accept such a r~spoh- sibility wou]d he to create a court of claims. Drescbc~r wte! describing the nuisance ~n thffs case to be the responsjbj] itjf of the buj]der but added that too much time bad elaDsed which was the responsibility. Dresch c said if there is an agreement, the one who fails to comply must be dealt with, and although the injured party can be sympathized with it is the duty of this body to watch the treasury and carry on the duties accordjn3i:. Drescber recommended that Council look at broader ramif.~catien.~ and cautioned that such a precedent as making a gift could ffDVCJ the City in multiple elaffms placed in its path and moved tba~ th- action of the previous meeting be rescinded; Phelps seconded. Ragland took exception to the statement that the motion was bast,, on a moral obligation and said it was a legal obligation of the City's position that the original wall not be acc~ptc~r; subsequent attempts by Alsing to eraforce compliance th~o,na:.I' eral Administrators of the City and eventuajly through the courts. Ragland said the City took responsffbj]ity when ~t ask~,d that Corneljus set aside plans to sue builder because C~t) going to suc, and reminded Council of the need for enforcem:~nt that the hroader zaspect be considered - not only tegalit~es hwt prstectfon and safety of the citizen and sa~d the mallet can be settled w~thonr settiDE precedent. 3/]5/77 PR. 2 C'OP,',!ELrUS UALL CONT. OAK KNOLL SUBLEASE L~a~s cited the City's failure to regulate knowing it was faulty construction; secondly that the problem still exists and the right of way property did slip down the hill. Phelps said ha finds it d~ff ic. ult to carry out responsibility to all cit~zens by authorizing this type of expenditure and [-hat the builder creataj the hazarc~ by oversteepenffn[. the building site and property owne~ have the responsibility to use good judgment in purchase of tea3 property to avert this mid other types of problems. Phelps recs'. led that lots of people had to dig eat after the 1974 flood but they didn't expect to hold the City responsible for slides:. We dun't regulate building contractors heavily and collect ]:[cen.~e fees for revenue - not for regulation, Phefps said. CornelLis said regardless of what ~est on before; tlne fact is that c]ul:in~4 the flood of 1974 his property was damaged with mud from Ciu7 pruparty. Cornelius went on saying that he is not asking for rest~tution but for future protection and feels that the nui.~:unc~ and threat should be removed, Herzman agreed witb Ragland on City's responsibility concept and said there is no point fin char~ ing builders for permits, plan checks etc., if they have no iutei. tion of enforc:ing codes after inspection. McCannon said tha~ an ordinance cffting City's responsibility in varffous areas is bein~t worked on. On roll call, Phelps, Drescher arid McCannon voted YK~ Laws and Ragland opposed and Hamilton abstained. Motion carried and action to erect wail was rescinded. McCannon stated tltat tbe the sublease had just been received aud because of the length of the document felt it should go to c/!%m!i. Council be urgeP to refer to coxmnittee. Bi]l Purday, attorney for Oak Knoll Enterprise, inc. sa~d that the copy or the agreement was not given the City just toelay. Doug Cushing, representing the corporation saffd it had been de]-- irered on Thursday and that the pa~ties involved have pat the transaction together in a shorter time tban the City '~s taking and the City doesn't have a r~gbt to renegotiate the lease aud the sub]ease has a clause that says the Lessee carmot sign w~tE- out the consent of the City and cannot afford a delay. Purdy said that he had discussed the lease with the C~ty Attorney but Salter bad not raised the question as to financial security 6r whether the principals are qualified to run a suc:cclssfu] rest~tir-- ant and golf course. Salter spoke of a half hour conversatlo!,_ 1,: had with Purdy relative to the agreement and the Mayer had cl(ta;t~ expressed concern on financial basis of operation. Salter saff,i disagreed with conditions and that he had not seen a finabe]a] statement. Purdy offered to submit a financial statem/~nt witl. total confidentiality and Salter refused it saying that it s]kluld be submitted to City Recorder. Purdy did not submit document to Recorder. McCannon said he is on the committee and the things objected to a the meeting and he could see little change in the agreement at this point. Laws moved that matter be referred the committee, and that the committee act expedi l'iously and h? authorized to call a special meeting if necessary. Ra[%Luld see:- ended and snaganted adjournment to Friday, March 18, ]")77, ante Pruitt stressed need for recreational ouijets ~n ,~sb]:tnd apd urged immediate actffon by Council On ro]l ceil, r~!J YES. 3/15/77 P~. 3 POLICY DETER~-flNATiON ON VARIANCE ENFORCEMENT ETC. Item orl Policy Determination moved up to accommodate audience. The City Allnzinist~tor intreduccd a memorandum on the Site Desj.~ Review No. 2! (Herzmon) for two triplexes and one fourl~]ex at the corner of Gresham & Pea~:l Streets showing condiCions; map of the site ~n question; minutes of the Plam~lng Commission mcetln~ o~: April ]2, 1976; plot map, ictter from purchi~ser-Scbis]cr and letters from Dennis ilartman, Rogers~ and Campbell comp]alniug about lack of enforcement of development criteria as set by Cit Denn~, Hartrn:~n of ]0] Gresham complained tb~t at tb~s point the be 1 foot 6 inches and t foot q ~nches insfide the side yard set off to con:[ly w~th cede. Ilerzman said that the building in quc: tion has been occup~ed only since Jannary 3~ ].977 and that ha agreed to cornpletffon of ]andscap:~r~g by A~ri]. !, 1977 because the man xgko had been hired to do the job was replaced. Herzman that untjl such time as he sees a survey ind:[catYng he is wroug in his deck location that be wil 1 not modify the decks. Ragla;',i excused himself from discussion due to bin residcuce l:oing so close. On qnestlou of Drescber, ]limes said that there IY, d beea no agreement on decl<s. lIartman said City engineer bad &me the measuring. lIerzman said he ban spent a lot of money to City requirements aud sgreed with Dreschar that surveys sl;otqd be made on all plot plans before building permjt is issued. l)rescher said he man glad to hear tlerzman agree that bu~ldcr ahould assure2 rass. onsibiiitV of lines. Herzmnn f;aid th:~ lean companlos reqcirc cartifica~ ion and tbar Swain hac~ m~de one and that the plot plans indicate the measurements are in order. Altoquint noted that thr Planning Co~Bission has been worlttlng amendment requiring the builder to take this responsibi]~ty. Hartman said Iterzman had 45 days notice from the Planning Camre:to ion and they had voted to ntt off power and still there ~s no landscap~ng. On question f am Drescher, Himes said he had not seen Swain' s survey map and Drescher asked that be check it out and return information. On Pt'elps question as to other remedy~ Salter said that an jnjunction from Circuit Ceurt for camp!jan.he could be issued. Phelps suggested a review by State Buj}d~ng Board but Salter was unsure of their power but that we cau by submitting it. On Drescher's question e~s to wbos2 rcsnonsiuj ity the cost of a survey rests, Sa]ter sai~ that the burd,~n c,f proof would be the City's to show encroachment ef decks, lIer;'r~: said as far as the alley is concerned that Le has placed e,m~cr~u bumps to discourage wrong-we7 traffic but has no furthest of that. tterzman suggested that if the building inspector approves some- thing he should be made to enforce it and not come back for modificatioi~. iiartman requested that Council inspect the ::itc and complained that the decks are only 12 feet- from his bf~droem window. On tbe qufrstion of landscaping and bin complaint about mud sliding down the street, Rogers of 143 Gresham said t'h:tt: everyone else has retaining ~alls and why shouldn't Laws auKgeared that Cily wait until April lot instead ,~F p~y~y.: for survey bol~ing the landscaping will be done. Herzm,~c~ didn't cbau[~a tbc, gr~de and thi~t the buildin? irk:apact~,~' looked at the s~tc, before he :issued the permit and now thoy want a retaining 3/[5/77 Pg. POLICY DETERHINATION CENT. WATER RESOURCES REPORT !)EVIi:LE!I'~ENT JACKSON-JOSEPHINE JOB COUNCIL STREET IHPROVE},~EB'T DIST. 43 ORD - TRAFFIC SAFE]% COMM. VACA'?~C',N C.F ALEEY BETWEEN PP, OS- PECT & )'ZLbi Drescber asic~d }times to report on survey and if Herzman dcles::'t comply w~th ochcz requirements, Salter can take ]ega! actice. Salver said he will writ for direction from Cnanc~l. Hines will report nn both items requested. A draft of ~'be Water Resources Management Plan and Facility StudI war. submitted and John Somerville of James M. l,h~ntgomery & reviewed ti~e suulmary and recommendations relative to the ware'.: resources, citing some, of the causes for disturbance of land in the watersh,-d causing, erosion etc., and resulting in sedgmentat- ion whicb is the prln,'iple problem to be faced relative to the water resources, Somerw[lle pointed out some detrimental cffecc of the Forest ~ervicc use of the watershed and reviewed an a2ree- ment the City has with the Forest Service and stressed the ortance of col]tlols to pres~rve the resoorce and ways to ODC!faLC in disposal of the scdi~nent and time schedules to do the work w~th the ]ea~4t impact possible on the environment. Soaerv~l said he hopes to bear from other agencies and that DEQ and EP~ have been subniitLud copies of the report and when al] are in (in about a month) the final draft will be compiled at that time. Jeff Gzibbs, 208 Coordinator, seid ha would have co[:les of tbc report available in the COG office aud at the libraries in Ash]al~d and Nedford for citizen comment and/or information. A J. etter ~rv:n JoeL:son. County Overall Economic Deveiopmenr Ccm-- nittee was read jnvlting applications for E.D.A. funding and Almquist said he would need Council authority to subniL app]icotlon for projects and sugg&sted consideration be gi-vcn a swimming pool facility, develop T.I.D, Inter-tie and Just;co Center. Dreecher moved to anthorize the three above-mentioned projects. Rag]and seconded. Laws said he has reservatio~ tbe application for Justice Center funding. On rol] call all YES. A letter from Jackson---Josephine Job Council was read stating anticipation of double t-he CETA funding and inviting certain positions and A]mquist recommended that one Senior Center wc~,ke~ is needed because the Outreach workers are in the field most tbo time. Phelps moved; Proocher seconded and on roll col.l, motion passed unanimously, Se_cood readina by title c,n]y was given an ordinance levying spec ial benefit assu!.;sments for Street Improvement District No :.3 declaring an emergency. HcCannon moved for adoption; second Ragland and on ro!] ca]]., $]] YES. Second reading was given an nrdinance by title on]y amendsrig Ordinance No. ]834 and Section 2.26. 010 relative to the TrafFic Safety Co~nmission. Ragland moved for adoption; McCannon secondc and on ro]] ca].], passed nnaninlously. First ro,q<ling was }~lven an ~Irdinance ordering the w~.cat~c,~ o~ m allny ]<w_~ted b~r~ec.n P~'nspact &' Elm Streets, north of r,.~ e' i~c[ Dreschcr moved ~o second reading; second by Laws and paL;sod wit-} our opposition on roll call vote. 3/]5/77 t'3. % PARK]'NG PROP, IBITION LARKIN LANE RESOLUTION SETTING PUBLIC tIEARING ON llERSEY ST. IMPR. LEASE FOR OFI,']CE 27h N. Main Street DEPARTMENTAL ]:~EPORTS ADj OURNMENT A resolution prohibiting parking on the north side of Larkln Lap- and provid:ing a penalty therefore was read by the City AdminLs- trator who !~howed the location on a map. Ragland ~!oved to adopt seconded l.,y Law~.; and passed w~th aJl YES on roll call vote. A resolution calling a public hearing for Apri] 5, 1977 to s~dur paving; of }~ersey Street from }'.ntlntain to N. M~in St~z~tet under the ]?AIjS program was read by City Adm~n[stratbr Almquist. McCannon moved for adoptioi~; seconded by llamiltan and on :roJl ceil, motion passed unaeimDusly. Renewal of ]ease with T.B. & Sharon Wong for City offices at 27~ N. Main Street at the same rental f~e was considered and Rag/and moved to authorize Mayor and City Recorder to Sjg,l thC lease; second by Dressher and passed unanimously on roll ca]? vote. Departmental Report:s were considered and Laws moved to accCH~t; McCannon seconded and on voice vote, pansed t/na[lilrl:Dlls/y. Meeting was adjourncd to Friday at 2:00 P.M., March 18, 1977, ary L, Pr' kett }layor 3/15/77 ~'~,,, 6