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HomeMy WebLinkAbout1977-0405 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNEIL April 5, 1977 PLEDGH OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES PUBLIC HEARING Hersey St. Improvements PUBLIC FORUM Conservation - St. lighting Lithia Mill Option County Funding The P]ed~e of Allegiance was led by MayOr Gary Prickett and the meeting wEs called to order at 7:30 P.M. on the above date in the: Council Chambers. Present were Councilmembers Phelps, Drescher, Ragland! McCannon, Laws and Hamilton. McCannon moved that minutes of the regular meeting and executive Session of March 15, and adjourned meeting of March ]8, 1977 be approved; Ragland seconded and oa voice vote, all YES. A review of prcposed paving improvements on Hersey Street under FAUS program was given reporting that 54.3% of the prooerty owners signed in favor; 10.2% opposed and 35.5% did not respond. Mayor Prickett opened the public hearing. Sarah Slag]e spoke in support of the improvements and asked if t~ cost to property owner can he guaranteed at $10.00 per front foe;: and was reassured by the Mayor that it is to cost no more than $'L A. B. Wolber of 518 Oak Street said he had not seen the petition and Mrs. Slagle sa~d that she had taken the oetit]on to the Wolb~ home when only Mrs. Wolber was heine. Alsing reminded Mr. Wolber of a neighborhood meeting on the improvement proposal and petitic were there at the time. Since there was no further res-- ponse f~,~!l ~ll~ aud[~l~ce, the pubi~c h~aring ~vas closed. Mayor Prickett reco~nended that in addition to having the lower street lights automatically timed for shut-off at ll:Oq P.~I., th~ further energy might be conserved ~y having only alternate l~ght~ lit and asked for Council authority to implement proposal. Ther~ being no objection, theMavhr so ordered and added that State might consider a similar action as they had done in the past energy crunch. Councilman Drescher asked about possibility of extension of opti~ on purchase of Lithia Mill properly and Mayor Prickett reported ' has been in touch with County Commissioner Moore who promised hi support and said he would be getting in touch with the other Co~ issioners and would return results of conversation on the matter. Carroll Corliss requested that Co~lncil go on record with County Commissioners as desiring more consideration for funding from property taxes and/or O & C funds for AshIand's needs and puintec out the current need for a community swimming pool, a bond ~ssue which:may be needed for water dep~rtment and other things which maybe a burden on Ashland's property owners. Corliss added thor local citizens would have more ce~fidence in Council should it place some of the financial respo~,sibility on the County, and suggested that Staff look into fu:~ding patterns of Grants Pass t~ see if Ashland might also be qualified to apply for such funding as has been appropriated by Josephine County to G.P. and Cave Junction. 4/5/77 Pg. 1 Regular Meeting Ashland City Council 4/5/77 Hersey Street MINUTES OF BOARDS ETC. SENIOR CITIZENS VAN SOROPTIMiST GIFT OFFER JACKSON COUNTY LIBRARY DEV. Bond Issue Endorsement Ragland moved to have staff prepare ordinance on improvement of Hersey Street; McCannon seconded and on roll call, all YES. McCannon moved to accept minutes ~f all Boards, Commissions and Committees as submitted; Ragland seconded and on voice vote, motion passed unanimously. A letter from the Ashland Soropt~mist Club was read offering a gift of a van for transportation of senior citizens along with $1,000 to be budgeted per year for maintenance and insurance cost~ or to be applied thereto. Janet 'Mayo reported that sh~ has worked to get transportation both for t~e convenience of the seniors and to expand activities of the center. Mayo added that it shouldn't effect the taxi business to an extreme degree. McCannon commendec the. Soroptomists on the gift offer but expressed concern should t~ City nct get a driver through CETA. Don Bruland, Director of Are~ Agency on Aging said he can insure top priority to get a driver from CETA TITLE VI with a one ye~ commitment and could also look into a longer term funding throu~ TITLE I. McCannon'reported on a meeting he and City Adm. Almqui~ had attended with the County and that the $6,500 as applied fo~ from the County budget may not be forthcoming this year. McCannom added that Ashland's Senior Program has ~een budgeted in the amount of $5,100 to be used part~ for the taxi subsidy. Irene Hollembeck, representing the Soropto~ ists said that at this point the g~ft is still in the plsnnipg stage and that it is their plan t~ contact other service organiza tions and that hopefully there will be further assistance. Brulanc reported a similar vehicle which travels all over the County and which is older incurs expenses of iclose to $1,000 per year for fuel and approximately that much f<~r repairs per year - adding th~ costs higher Because of heavy use ~and age of vehicle. Ma~ said the scheduling and complete plans ~have not been made as y~ ~. Bru- land suggested a prescheduled pla~ for trips in such a way as to cover various areas on certain days etc. and added those matters can be refined later. Mayor Prickett suggested that Soroptomists and Senior Board work out schedule, costs and any other details and get a recommendation from the Senior Advisory Committee. Ragland commended the organization~ for its generosity and moved to accept; Laws seconded. Wes Hoxie supported acceptance of the gift so that such knowledge of tra'nsportation assistance could be submitted to the public hearing on: transportation by Rogue Valley Transp. District on tomorrow eveni ng (April 6) at 7:30 P.~. in th Council Chambers. On roll call, m.otion to accept passed without opposition. A letter from Fabra Hoffman, Library Board Trustee requesting an endorsement of the Bond Issue for Jackson County Library Develop- ment was read and Hoffman reviewed needs of the system and propos~ plans for a central library headqucarters. Librarian Wilson of th. Ashland Library asked for support ~by endorsement of Bcnd Issue pointed out the benefits to the City through the County system. Phelps moved that Council go on rel~!ord as supporting development through the Bond Issue; Ragland se~conded and on roll call, all YE~ 4/5/77 Pg. 2 ~u_la__K_rMeeting Ashland City Council 4/5/77 WILCOX SEWER REQUEST MARK ANTO~ HOTEL ENERGY FAIR ST. CIOSIFRE REQ. WATER SAVING DEVICE DEMO CORNELIUS RETAINING W~LL SENATOR HATFIELD LETTER A letter requesting a water and sewer hookup 6utside the City at 249 Clay Street from Donald Wilcox was read by the City Adminis- trator who reviewed conditions an~l ramifications of approving ~uch a request. Mayor Prickett reviewed reservations of granting the u~e of water and sewer connects without providing electricity and future need to purchase from PP&L should property be annexed, and cautioned Council that we should not be getting into the specula- tion bus~ness by improving property outside the City. Laws agreed with Prickett and added there could be a problem with PP&L later on electricity hookup. Dreacher moved to deny; Hamilton seconded. and on roll call, all YES. Eddie Gayholt, Cbildrens' Theatre Producer, presented a proposal whereby City Hall would be housed in the Mark Antony Hotel which is on the market for a sales price of $475,000,000 with a donation by the seller in the amount of $~,000 to Childrens' Theatre which would be a part of the package. ~ayholt pointed to the decadence of present City Hall facility and suggested that vacant space cou! be rented/leased for business and professional use, and introduced Jim Parsons to report on physical and f~nancial possibilities to consider. Parsons outlined the cost per sq. foot at $7.00 and said it would be difficult to estimate what it would cost to bring ~hefacility up to code. Ragland said it could run costs up to one mfllien tc remodel and that ~ had inspected the bui!~i~g b~- self and added that Federal gfan[~ might take care o~ part of the costs should the Council be interested. Drescher suggested a com- mittee be appointed by the Mayor. Paul Caffrey supported the ide~ and said that whatever the costs m~ight be today that those costs will increase in the future. Caff~rey asked the proposed cost of a Justice Center and was toll by ~A~lmquist that the figure is $400,000. A feasibility stu y of %he matter was urged by Caffrey. Mayor Prickett appointed Ph~'_ps an~ Drescher to serve on committee Paul Caffrey's request for street ~losure during the Energy Fair between April 22-24 was read and ~lmquist pointed out that street closures have historically been r~quested for use during the day and expressed concern that fire lame be kept open and that barri- cades be manned at all times durin[g closure. Almquist recommende'z deferral to next meeting and addedi that flashing lights would be needed on barricades. Caffrey saf~ he can't wait until the next meeting for a decision on his request because of limited time and necessity for knowing what units czan be housed with space availabl Ragland moved request be approved !contingent upon solution being worked out with City Administrator and Chiefs of Fire and Police Departments. Laws seconded the m~tion which passed unanimously on roll call vote. Deferred City Attorney Salter recommended ~eferral until next meeting. Filed for information only. 4/7/77 Pg. 3 HOUSEHOLD VIOLENCE FUNDING MUNICIPAL JUDGE TERM LIMITATION PUBLIC FORUM - PART II ALLEY FROM "C" ST. TO EMERICK / OAX K'~OI.L LEASE REVIEW OF HERZ~L~! COMPLIANCE A letter and budget request from Rosemary E. Dalton was read by the City Administrator. Toby Spike, representing Dalton, reviewec Task Force on Household Violence efforts and stated that the bud- get submitted is for review only and funds are not being requestec at this time but asked that $500 be made available for interim expenses of the Women in Transition effort. Mayor Prickett noted that Southern Oregon State College stationary was used for the request and asked if this is a State program. Spike said it was not a State program but an Ashland based project. Laws said that all appropriations had been earmarked by the Budget Committee and moved that request be denied. McCannon seconded. Spike asked if she could come back with request and was told by Laws she could back next year sometime before budget meetings conclude. On roll call Phelps, Ragland, McCannon, Laws, and Hamilton voted YES denying request; Drescher voted in opposition. Aletter from Bruce Smith, Attorney, requesting an amendment to the City Charter at the next election to'set a term for municipal judge at 4~Years rather than the unlimited term which now exists. Bruce Smith spoke of the possible conflict of interest over a ion period of time and mentioned the only Judges appointed to an unliL ited term are Federal Supreme Court. On Corliss' question as to whether Mr~ Smith is a citizcn o~ Ash]ands Smith ~aid "No". On Phelps question as to whether the present judge lives in Ashla~d, he was told "no", Ragland moved to accept letter and place on file. McCannon seconded. Smith asked for decision and was told by Laws that he was turned down. On roll call, all YES. Tom Howe~r reported that the Hospital Endowment Committee was formed as vehicle to receive gifts and that in its present form there are limits because of having to liquidate them and investin proceeds and asked for authority to form a foundation type non- profit organization for ~ore flexibility. Howser urged that the present Endowment Committee be kept intact. McCannon agreed wit~ concept having attended several meetings when problem was considered. No action necessary. Bill Rodd of 43 Emerick submitted objection to proposed opening c an alley from "C" St. to Emerick on behalf of Willa M. Eddington of 1045 E. Main Street. Public Werks Director made note of such objection. No action necessary. Prickett reported it is the reconm!endation of the Oak Knoll sub- committee to authorize signatures of himself and Recorder Butler on the sublease provided language of document is changed as req- uested by Committee. McCannon so moved; second by Ragland and on roll call, motion passed unani~ously. Planner Himes showed map of property at 111 Greshsm and said according to plan that the decks ~n question (meeting of 3/15) ts be from 29" to 26" inside the Fide yard setback and pointed out the c~rtified map shows only the location of the foundatSon 4/5/77 Fg. 4 ~ ~CE cent. and it is not considered accurate since it is not a legal boundary survey. Himes introduced a letter he had received from the pur- chaser of the property in question stating that continued delay Herzman to close deal has prompted him to seek legal advice. As far as compliance is concerned, Hime~ reported that landscaping had not been done which had been promised by April 1 and that garbage can screening remains undone. On McCannon's question as to what action can be taken, City Attorney Salter said (1) Crim- inal proceedings in court would be difficult to prove, (2) An injunction in Circuit Court which would require expense of a sur- vey because the plat certificate does not constitute a survey, (3) recommended changing Zoning and Subdivision Ordinances to make noncompliance an infraction rather than a cr~me so we can enforce some of our laws. Denny Hartman urged that Council consider enforcing laws regardle~ of the cost to City and reminded them that the Planning Commissie: had voted to cut power to the building if recommended changes and improvements were not made. Hartman suggested that if Council does not wish to abide by recommendations of the Planning Commiss- ion they may as well aBclish the Body and stated that Herzman had made promises Before and that he ~oes not live on the property so could care less as long as he showers a profit. Hamilton asked for a quick review on the subject as her recolle~tio,~ was hazy bu~ could reFember there was a deadli~e. Laws said he would be will- ing to take the problem to Circui~ Court to force action. Fred Rogers of 143 Gresham cempl&ined about the building at 133 Gresham and urged that it a]so be~ considered as a court matter. Salter suggested that 143 G~esham be included in action. Mayor Pr~ckett reccmmended Salter take ~ction he deems necessary. Laws so moved, seconded by Phelps and passed on roll call vote with all in favor except Ragland, who Ebstained. McCannon moved to direct Attorney to prepare amend~nt to Zoning and Subdivision Or inance to call for infraction des'3gnation. Ragland seconded. Salter asked for direction and suggested that a bond be required if variances are granted and occu[!ancy permits are issued. Mayor so directed. On roll call, motio~ passed without opposition. Laws moved that City Attorney also take necessary action on 133 Gresham Street. Salter suggegted to delay filing until May 2 for both actions because of the May 1st deadline. Drescher seconded. On roll call, Phelps, Drescher, McCannon, Laws and Hamilton voted in favor. Ragland abstained. Motion passed. City Administrator Almqu~st reported that in 1974 a discussion was held regarding agreement for furnishing water and sewers for Oak Knoll Subdivision and at thatL time annexation was considered and we have consent from 64% in favor, 32% opposed and no answer from 18%. Almquist said that a public hearing was held in Dece~ her of 1974 and at that time Coun~cil declared a moratorium until completion of the comprehensive plan, and since completion date ~__o~_~¢~Rected before the three year life of the consent agreement 4/5/77 Pg. 5 OAK KNOLL SUBDIVISION ANNEXATION cent. FEDERAL POWER COM~iISSION LICENSE expires it is time to reconsider position of both City and proper-~ ty owners. Almquist said he expe~cts that the comprehensive plan will designate the area within tBe urban growth boundary and rec- ommended another public hearing since the last one was held some 2½ years ago. The Revenue/Cost A~alysis was given reporting that annexation fee on undeveloped portion would be $24,394; property taxes $8,000 per year; $1 100 in Revenue Sharing (computed on population); and with franchise revenues a total of $13,200 per year is lost plus revenue from se~er surcharge in the amount of $2,600 and water revenue of $800, and cost of extending police an~ fire protection difficult to evaluate. Almquist said acquisition of electrical service from PP&L had bee: discussed with them and that they are not willing to sell to the City and if the property were anrexed we could serve energy to fur ure construction. Otto Frohrnrayer, Medford attorney and B & G Properties secretary briefed Council on development plans and said that only 118 hook- ups weuld be allowed on first request and eventually another 132 for a total of 250. Frohnmayer reminded Council that the origina~ contract dated May 1962 provided for 250 homes with the intention of annexing at that time and the ~ew agreement calls for consent to aDnexat~on and that the comm~trment will cost the developers between $75,000 to $100,000 to ex~end lines into the subdivision. Frohnmayer assured that the deveI~mpment would be carefully planne and that Oak Knell wishes to beco~i~e a credit to the City, A~m- quist showed the map depicting the 54 undeveloped lots. Murray Gardner of 1340 Ponderosa asked i£ the 250 lots would be allowed in the Zoning and was told by ~iaes they would: George Sink agreed with Frohnmayer that residents of Oak Knoll fe the most part want to become part cf Ashland and thathe had orig- inally circulated the petition for annexation. Dreacher moved to have ordinance prepared for public hearing and Laws seconded the motion which passed unanimously on roll call vote. Phelps asked for input on development at time of hearing as to impact of development, and ~.xas assured by Frohnmayer that there would be access from Greensprings to Crowson Road especiall fcr emergency vehicle purposes. City Administrator Almquist reviewed a letter from Federal Power Commission in which it was requested that license to operate hydr generator in Reeder Gulch be surrendered. Almqu~st pointed out that the generator was an old Allis Cha~ers which was purchased second hand and scld in 1969 because it was not feasible to run it, and at that time Council had requested that the licerse be retained until it expired in 1980. On Laws question as to wheth~' he is convinced that his conclusions as to feasibility is correc~ Almquist said that we couldn't afford to operate it to generate power and couldn't turn water loose to generate power. Alsing agreed and said if there is a necessity in the future, a new lic- ense could be applied for. Laws moved to surrender license; McCannon seconded and on roll call, all YES. 4/5/77 ._RjZ~u~lar Fleetlug Ashland City Cooncil 4/D/~/ii~. SiMS FENCE SETBACK APPEAL SIGN APPEAL ON RED BARON PRO- POSED MOTEL COMPLEX A letter from Rev. E. E. Sims requesting an appeal on frontyard setback for fence at 111 Granite Street and an appeal filed by Councilman Ragland on a sign for the proposed Red Baron Motel were considered and Drescher moved to set public hearings on both it~m~ for April 19, 1977 at 7:30 P.M., lmws seconded and on roll call, passed unanimously. AIRPORT COMMITTEE F.ECOMMENDATIONS A memorandum from the Airport Committee recommending that funds be requested from Jackson County for part of the City's match for property acquisition/creek culvert project and also that pro- blem invclving Hakes use of the airport by going through a fence dividing his persenal property with the airport property be con- sidered. Drescher asked City Attorney Salter if this operation would be considered "criminal trespass" and was told it would. Drescher moved that City Attorney take up the matter with Distric' Attorney; Hamilton seconded and on roll call, passed unanimously. On request for $14,742 by Airport Committee, Laws moved that Council apply for match from County; seconded by Ragland and on roll call, all YES. STREET NAME CHANGE A memorandtnn wes read from the Planning Commission recommending that a portion of Grandview Drive be renamed Kneebone Drive to avoid confusion as Grandv~w extends to the south and west in the future. Laws so moved and asked that Resolutiu~ be for the next meeting; Ragland seconded and on roll call, all YES. PROPERTY PINS Memorandum recommending that statements be signed by applicants f Zoning and Building Permits giving applicant responsibility of location of property pins w~; read as submitted from Planning Co= mission. McCannon moved to ~dd s{atements to applications for zoning and building permits' Dres!cher seconded, and on roll call, all YES. TRAFFIC COM~IISSION RECOMMEND- ATIONS Almquist read a letter from Bill ~atton of OSFA requesting con- sideration to prohibit skateboar~%ng on downtown sidewalks and thoroughfares including courtyar~ of Festival theatres, and read portions of the minutes of Trafff~ Commission concerning tbe pro- blem. Carroll Corliss, Traffic C~mmissioner, spoke for regulatic and wondere~ if skateboarding could be covered in Ord. No. 1557, Sec. 40. Drescher said that skateboards could be added to the Bike ordinsnce. Chief Hays said ~hat Ord. No, 1557, Sec. 40 wcu! Be applicable. Lawg moved the ordinance be amended to prevent skateboards on downtown area streets, sidewalks and on Shakespear courtyards; seconded by McCannon.. On roll call, all YES. The Traffic Commission recommende~ that a "no parking" zone be established for the parkrow in front of Butler Ford to protect vision clearance at the corner of Sherman and Siskiyou Boulevard and McCannon moved to direct staf~ to implement prohibition. Laws seconde~ and on roll call, a~l YES. 4/5/77 Pg. 7 Regular Mcetjng ASt:LanG blty t, ouncli q/D/i/~-~. c TRAFFIC COME. RECOMMENDATIONS continued - %~AFFIC COFLMISSION APPOINTMENT CONTINENTAL TRAILW~YS SCHEDUIE FINANCIAL CO}e{EN~ARY FINANCIAL COMMENTARY - PAP~'S TRANSFORPfERS ROCKEFELLER DELI LICENSE TO SELL ~LT BEVERAGES ENERGY FAIR C. It was recommended by the Traffic Commission that Council adopt that portion of the TOPICS plan to include 1) removal of the "B" Street stopsigns at 4th Street, and 2) installation of a stop sign on "B" at Mountain Avenue. Drescher questioned the propriety of eliminating the "B" Street stop because of the heavy traffic and large number of children in the area. Chief Ha.ys said tha.t the stopsigns were installed to slow traffic down and reconunended they be retained. Alsing said that experts in traffic safety conclude that stopsigns are not recommended for sic ing traffic down and that there should be some through streets to move traffic. Laws moved to disapprove request for removal of stopsign (1) Drescber seconded. Hamilton said it should remain a through street and Phelps agreed. On roll call Drescher and Laws voted YES; Phelps, Ragland, McCannon and Hamilton voted NO. Motion to retain sign on "B" defeated. McCannon moved to grant approval of Traffic Commission recommenda- tion on stopsign at "B" Street at 4th and "B" and Mountain. Phelps seconded. On roll call Phelps, Ragland, McCannon and Ham- ilton voted YES; Drescher and Laws opposed. Motion passed Mayor Prickett named Bonnie Hamilton to serve on the Traffic Safer Commission; Drescher moved to confirm, Ragland seconded and motion passed unanimously on voice vota. City Administrator Almquist reviewed notice by the Public U~eil~ty Commissioner relative to discontinuance of scheduled stops in Ashland by Continental Trailways and adjustments to present schedu les, and asked direction. McCannon moved that changes be protest- ed; Ragland seconded and on roll call vote, all YES'. Monthly Financial Cormmentary for period to February 28~- 1977 rec- eived without comment. Monthly Financial Commentary for Parks & Recreation accepted. A memorandum from B. J. Krug reouhsting authority to buy three used transformers from PP&L for $1,000 each to be used for back- up in event of failure of old bank of transformers at McGrew's mill was read by Almquist. After some discussion Laws moved to approve purchase and waive need for competitive bids; Ragland seccnded and on roll call, all YES. A request was submitted for Retail Malt Beverage license by Davj & Suzanne Booth, Rockefeller Dell, 40 N. Main Street. Chief Hays reported that due to background investigation information on David Booth he cannot recommend. David Booth spoke from the audi ence saying that he expected a problem but explained that his record shows he was charged with draft violation and was confined to Jail for a short time and eventually the F.B.I. apologized to him. The other charge wes for growing marijuana, Booth explained and said it wasn't a serious attempt and was a misdemeanor. Laws moved to approve; Phelps seconded and on roll call, all YES. Paul Caffrey on his request for street closure was told he could ~eJ~] ar in~__ Ashland City Council 4/5/'12 LLEY VACATION OF~)INANCE Prospect & Elm Streets ~4TIFICATION OF CONTRACTS ~APd<ING PROHIBITION - LARKIN ~NERGY CONSERVATION RESOLUTION ~Obq~CiL LIAISON REPORTS "08 'ROGRAM ON WASTE TREATMENT I h .. ~sep ~M. Butler ~corder gecond reading was given an ordinance ordering the vacation of an alley located between Prospect and Elm Streets, north of Palmer Road and McCannon moved to adopt; second by Ragland and on roll call, all YES. Contracts were submitted for ratification for the Firefighters w-i ~os~ increase of 7.46%; Police Officers at 7.45% ann Electricians at 7.26%. Drescher moved to authorize Mayor & Recorder to sign; second by Ragland and on roll call, passed unanimously. City Administrator A~quist read a resolution prohibiting parking on t~e north side of Larkin Lane from Peahh Street westerly, and repealing Resolution No. 77-8. McCannon moved to adopt; Ragland seconded and on roll call, all YES. A resolution establishing an Energy Conservation Committee was read by the City Administrator. Drescher felt that the committee should be comprised of a broader base and suggested that in Sec- tion 3 words be added "but shall not be limited to" .... Laws asked that "and insulation" be added to weather~zation in Sec. 5. Mayor recommended a committee of nine people. Ragland moved for adoption; Phelps seconded and on roll call, passed unanimously. McCannon reported that the Cable TV committee suggest deferrai Cable TV Franchise for another year since the rules set down by FCC are being modified and also that Medford is also working on a franchise and we may benefit by their findings in the matter. Council agreed to defer for one year and Mayor asked that Almquis work according to that schedule. Councilman Laws re~orted that in the original draft of th w~ter qualiEy'masterptan the list of projects included provisions of the Ash]and Plant to 1983 and now somehow the final draft includ~TM a tertiary treatment plan and suggested that Council take a posit ion to preclude this need and ask that it be deleted from the pla Ragland agreed that if nothing is said about the plan, we are aut matically accepting it and moved that matter be placed on agenda; secorded by Laws and on roll call., all YES. Ragland then moved that a letter be written to "208" Task Force objecting to plan and asking withdrawal of that recommendation; seconded by Laws and passed unanimously on roll call vote. Meeting adjourned at 12:03 A. . Gary L.~ri~kett Mayor