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HomeMy WebLinkAbout1976-0616 REG MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 16, 1976 ROLL CALL: APPROVAL OF MINUTES SB 1 & HR 3907 STARLITE PLACE ASSESSMENT MISTLETOE ROAD AGATE TAXI BUSINESS After having led the Pledge of Allegiance, Council Chairman'McCannon called the meeting to order at 7:30 p.m., on the above date in the English Lecture Hall at Ashland High School. Present were Council- members Laws, Hoffarth and Ragland. Councilmembers McDowell, Allen and Mayor Prickerr were absent. Hoffarth moved to approve minutes for the regular meeting of June 1, 1976; Ragland seconded and on voice vote, all YES. A let=er was read from the Cottage Grove Committee to Stop Senate Bil: #1 seeking support to defeat the measure. Laws moved to place on file; Hoffarth seconded and on roll call, passed unanimously. A map showing the location of electrical transformers on the Johnson property was shown and the question as to whether the easement is exclusive was discussed. It was agreed that Johnson's attorney, G. T. Hornecker and City Attorney Salter would work =oward a settle- ment of the issue. Ragland moved to table for further information from Salter; second by Hoffarth and on roll call, all YES.. Director of Public Works Alsing presented costs to the City if it were to assist in relocation of Mistletoe Road as requested by McGrew Bros. Sawmill in the amount of $1,500 which could be charged to the Street Department budget. McCannon felt the project would not benefit the City. Laws said the safety factor might be considered especially in the area used by the Wranglers. Ragland moved that the road be allowed but City not participate; Hoffarth seconded. On roll call, passed unanimously. Mcfsnnon reported for the Cab Committee stating the cost of operating ,du'tng-the hours of 1:00 a.m. & 7:00 a.m. runs about $750 per month anj that the gross income for April during those hours was $185, and for the month of March was $170. It was pointed out that more fares were picked up when the Southern Pacific workers were entitled to use a cab when there was no restaurant within waking distance where the graveyard shift could eat lunch. McCannon suggested that arrange- ments could be made on the previous day for planned trips but was sorry that the service would have to be cut in the early morning hours. McCannon moved that franchise be amended with the stipulation that if calls are received on the previous day for planned trips that ser- vice be given and that dispatcher be available to 1:00 a.m. On Hoff- arth's question as to volume of business at closing time of bars, Per- king said there were few calls. Hoffarth then seconded the motion. Ragland said he felt that because of the franchise the company owes the City an obligation to serve the people on a 24-hour basis and recalled times when people would call on the Police Department for transportation when early morning service wasn't available. On roll call McCannon and Laws voted YES~ Ragland and Hoffarth opposed end the motion failed on tie vote. ~l_e.~ul~r ~qeting Ashland City Council 6/16/76 Pg. 2 PUBLIC HEARING Bellview Paving PUBLIC HEARING APPEAL FROM PLANNING COMMISSION DECISION RE: CHRISTIAN SCHOOL A petition with over 50% of the property owners affected had been received supporting formation of an assessment district for improve- ments on Bellview Avenue. The public hearing was opened. In opposi- tion was Wendy Frey of 1022 Bellviewwho related that she is against paving at this time because she was told by the Assessor's office that time for the 6-year reappraisal and anticipated increase in assessments would be coming soon and that the proposed work should he postponed until after Assessor's work is completed. On question as to whether plans are for installation of drains, Mrs. Frey was told by Public Works Director Alsing that they would be done at City'~ cost. Fray also wondered who would bear the cost of water damage or future street repair and was assured that the City would maintain. Fred Binnewies of 924 Bellview said that Greer~eadows Way was cut int~ Bellview by the City without contacting property owners on the street and cited heavy traffic as a result and felt the City should have to participate in the cost of improving Bellview. Alsing explained that this was done as part of the street network and that it is not Council policy that City participate. Laws admitted that the Ctty's method of paving streets is far from ideal and that other ways could he studied and hopefully a more equitable solution can be implemented Hoffarth moved that ordinance be prepared to order the improvement; seconded by Ragland and passed without opposition on roll call vote. A letter appealing the decision of May 10, 1976 by the Planning Commission in granting a conditional use permit to allow the exparsio~ of church activities was read and entered into the record as #1. Also entered into the record were 2) Memorandum of Planning Commisslo~ dated June 10, 1976; 3) Minutes of May 10, 1976 Planning Commission: 4) Staff report dated May 5, 1976; 5) Copy of Staff qualiftca"iop~; 6) Letter from Pastor Leo C. Wine dated April 26, 1976; 7) Pe ition from 57 neighbors not objecting to the proposed school; 8) Pe ition signed by members of 7 churches in favor of a Christian School with 408 signatures. Planner Himes showed a slide of the site at 840 Faith Avenue where the Planning Commission granted a conditional use permit for a privet, school to include 1-12 grades. The front portion of the church was shown where required parking will be located and the back portion where playground activities will take place. Council Chairman McCannon opened the public hearing and asked for opposition to speak first. Attorney Ainsworth, representing 23 people who live in the immediate area on Glendale, Wine and Faith Streets, said that the primary thrust of the appeal is that the application was made in error since the KDOV tower area for a propose~ playground was not included in the map sketch of the area for the pro- posed school when the notice was sent to the neighbors. Ainsworth said that in the minutes for the meeting of May 10, 1976 of the Planning Commission, Wine had said that all of the children would not be taking P.E. at the same time and that a play field would be constructed on a four acre portion where the tower is, and con- tended that this method of application is not legal - that is to add things to the original application. 6/16/76 Pg. 2 CHRISTIAN SCHOOL CONT. Also contested was the findings submitted which state that the school will be conducted on site existing facilities and then it mentions playground area some distance awey. Ainsworth pointed up a part of ~he sketch where it is designsted "parking" when actually a p!aygreun is planned there during specific hours. The noise increase deserved consideration according to Ainsworth because of the necessary trans- portation of the 120 students which are expected to attend. Plans fc an eventual enrollment of 220 students by remodelling upstairs with little the neighbors could do to stop such action was also brought up as part of the basis for appeal, because of the expected increase in traffic should this come to pass. The finding submitted relative to the point that the school would not be injurious to property or neighborhood becuase in fact the church is already there could not be considered a finding according to Ainsworth. The appellant also took issue with the finding that the increase in valuation after improve- ments are made to the building that the church would then enhance the neighborhood. Ainsworth said that any modification of the interior would have no affect on the valuation of itself or other structures in the area. Ainsworth disagreed that the use would not create more services of City facilities because with more students the possibilit of more need for fire protection would become apparent. The loss in State support of the Public School System for each of the students transferring into the Christian school would be significant to the taxpayers, said Ainsworth. Ainsworth said that most of the people whom he is representing would have artended the hearing but that the impression had been given that a vacation bible school type operation was planned. Kent Cutting of 696 Faith spoke against the conditional use permit granted saying that it was applied for inappropriately and that there had been well artended LCDC meetings and that 150 signatures had been gathered relative to the Nell Mann proposal to support the suburban residential zoning it has at this time. Cutting said that the man who was gathering petitions in favor of the Christian school didn't know who owned the property in ,he area and that not 1% of the people who go to church there live in the vicinity. Cutting spoke of future problems resulting from Wine's intention of getting more power at the radio station and possible need for access via Cuttinges lot on Mae S Raymond Pruitt of 833 Glendale said the only improvement he has seen in the property in question in the last fourteen years since he has lived there is some outside plastering and he considers it a firetrap and is opposed to use as a school and recommended the building be demolished. Mr. J. F. Berry of 733 Faith agreed with Pruitt's comments and said he would be opposed to having a playground right across from his property. A Mr. Murphy of 849 Glendale said that the young people from the church have been using his property for refuse and that if a school is conducted there, he will have a fulltime Job cleaning up after them. He also noted that the congestion caused would drop the prop- erty value by $10,000. Jim Collins of 910 Glendale said he Just recently bought the property and felt congestion would ruin the residential area. 6/16/76 Pg, 3 CHRISTIAN SCHOOL cont. 'Pastor Wine gave background of Christian Schools and said that there would be 63 of them in Oregon this Fall and that most of them are being held in the churches. He said that he had spoken to his closest neighbors and that Pruitt said he would not oppose the plan. Pruitt denied this was true. Wine said that if the property owners didn't want him to use the four tower acres for a playground, he will drop that partof the plan and said that if the school is successful he will consider using the 18 acre parcel owned by the church on Crowson Road for a school. Wine said he hopes they will be able to get a gymnasium for the students. Wine said $35,000 has been spent on the interior of the church in remodeling and bringing building up to Code Stan Morkert said he was a teacher of Talent Elementary School until he resigned to become principal of the Christian School and told of a trip he had taken to Texas for orientation into the A.C.E. system and discussed the curriculum in detail. Jack Sabin of 1075 Park Street reported on routes which some of the students will take getting to school to show that Glendale and Wine Stree~ would not necessarily be affected by an increase in traffic. Sabin recalled that when the Three Bears School applied for a use permit it was contested on the traffic increase theory and that no complaints have been filed to support such concern. C. N. Pearsall of 1995 Wine said he is neither for nor against the school but signed the petition because he thought there should be a hearing. He asked that his name be withdrawn as being in opposition. Robert Ridinger, local realtor, said that he couldn't see where real estate values would be affected by a school since the church is already there and usually parking is a problem where it won't be witf a school. Ridinger stated that a~/one who wished to move could make a profit D{.ane Venekamp, a certified appraiser of 4119 S. Pacific H~y, Phoeni~ said that in appraisa~ he had made property values generally were not affected by presence of schools in the ares. He said the livability may be affected but the values of property in the neighborhood shoul< hold. Bonnie Buckelew of 860 Glendale has two children who will be going t, the school and feels the values will not he adversely affected by the school. Dr. Marvin Woods of 846 Carpenter Hill Road said he is thrilled over the school and because of the quality of education and discipline offered. Joe Funderburg, former principal of Talent Elementary and folder supervisor of Stan Morkert vouched for Morkert's ability to discipli andsaid his leadership will prove beneficial to the conmunity. Mrs. Alfred Jacobs of 1990 Wine said her property adjoins the pla7- ground and she is not in opposition to the proposed school, 6/16/76 Pg. 4 SISTI,~ S(MOOL cont. Mrs. Ted Nipper, 1656 Peach Road, said she is a product of a private school and disciplined as a youngster and would like to have her son get a like education. Richard Beas!ey of Tolman Creek Road said that the building will not be a firetrap and that they also plan to improve the exterior of the building. Wayne Harris of 206 W. Nevada said that he lives close to Helman School and enjoys living close to the school. He said he knows Start Motkerr personally and can attest to'his capabilities. McCannon turned the hearing over to the Appellants. Ainsworth said that the burden is on the Appellant to show why a conditional use permit should be denied and those people whom he represents would have appeared before the Planning Commission meeting had they known what was proposed. Ainsworth said according to the minutes Mr. Wine said the four acres will be used for playground and the map shows a playground where it is shown as a parking lot. Ainaworth said the safety of the building was not a factor and that the Building & Fire Departments of the City would take care of that. His said his main thrustis the affect it will have on adjoining property, and said mor~ than five cars would be parked at the school. He agreed with Wine that the school might well be located on Crowson Road where the chute has property. Pruitt said he had had a visit from Wine and that he had not obJecte~ to the Christian School concept but did object to living next to a school. Berry said that the traffic problems now experienced on Sundays will continue right through the week if the school goes in. Pearl Wickham of Security Land & Investment Company said she has been a Real Estate Broker and salesperson and never in her exoerienc, has she seen property values any more affected by a school th, n a church and that the church was there before any of the homes ./ere built. McCannon closed the public hearing and asked Wine what the tuition would be and was told $50 per month for the first child; $40 for the second, and $30 for the third. On question as to how they could expect to accommodate grades from one through twelve, Wine said they didn't plan many high school students would attend at first. On Laws' question as to whether they would need another permit to use the tower property, Planner Rimes said they would. Laws asked if the present playground is adequate and was told by Morkert that i is. Hoffarth asked if landscaping had been discussed and was told b] Himes that only parking was discussed at this point. McCannon said that loss of state aid will be substantial because of the students leaving the public school system and will cost the tax- payer additional money. Ragland said that wasn't part of the con- sideration and parents have a right to send their children to which- ever school they wish. ,6/16/76 Pg. 5 ReSuls 7eting ~hland City Council 6/l~'~.P~. 6 CHI~STIAN SCHOOL cont. BUDGET JACKSON COUNTY LEGAL SERV. PUBLIC HEARING SEVENTH ST. YARD Hoffarth said that he didn't see sufficient evidence to overrule the Planning Commission and moved that the appeal be denied, Laws second- ed saying that the evidence does not show the Planning Commission erred and that there may be some noise and traffic increase but no serious impact. On roll call, Hoffarth and Laws voted YES to deny the Appeal, Ragland and McCannon voted in opposition. City Attorney Salts said the decision of the Planning Commission stands in the event of a tie vote. Finance Director Nelson asked for an editorial change in the Budget on Firemen and requested that 1/2 fireman be added to make the total 11½. Also Nelson explained that Federal Revenue Sharing monies can- not be used for Senior Center where matching funds are being used and recommended that it be funded by the General Fund. Laws moved for appropriations transfer from Revenue Sharing to General Fund Oper sting Contingency; Hoffarth seconded and on roll call, all YES. Nelson then distributed changes (Exhibit "A" attached) in salaries and benefits. Laws moved for changes as submitted; Ragland seconded. On roll call, passed unanimously. A letter was read from Allen Drescher supporting legal services as a line item of $5,000 in the budget. The public hearing was opened and Jim Smith of Jackson County Legal Services spoke in favor of the funding saying that Medford is paying for its services and would urge Ashland to acknowledge its need to share in the expense. Laws noted that the Senior Citizen Director has referred 84 persons to the Jack- son County Legal Services to illustrate that we have contributed con- siderably to the workload. Smith said he is afraid without one attorney will be lost to the service. Nelson gave update of liability insurance cost spiral. McCannon closed the public hearing. Laws moved that the budget as presented and amended be adopte',; McCannon seconded and on roll call McCannon and Laws voted YES; Hc,:farth and Ragland voted NO. Motion failed. Hoffarth moved that $5,000 from revenue sharing to legal services be deleted; Ragland seconded and on roll call, passed unani- mously. Laws explained his understanding that Council stands 4-3 in favor of this motion. McCannon agreed in purpose of legal services but said the administration had become questionable. Ragland said he is not quarrelling with the need but that every conceivable way to raise revenue - business tax, electric and water rates - had been implemented to balance the budget and he didn't feel it fair to the people of Ashland to take on special programs. Hoffarth moved to approve budget as amended; second by LAWS and passed unanimously on roll call vote. Hoffarth reported that the 7th St. City yard is very unsightly and recommended that equipment be moved and that decision be made on surplus property so that bids could be let. Almquist recommended that the yard be vacated, the fence be dismantled and the property be put up for bid. Discussion of putting proceeds of sale in Capital Improvement fund for future acquisition of property and improvement of City lands took place. Hoffarth moved that City yard be declared surplus property with appraisal called for and minimum appraisal be lowest bid price and funds be placed in Capital Improvement Fund. Ragland seconded and on roll call, all YES. Ragland asked [o landscape plan. 6/16~76 Pg.6 FORDYCE STREET MAYOR'S APPOINTMENT ~RDINANCES , RESOLUTIONS & CONTRACTS Endowmen~. Committee Parking & Landscaping Budget Adoption Tax Levy City Parks - Parking Oxford, Coventry & Cam- bridge St. Improvements Guthrie Street Shamrock Lane Resolution Nonsupervisory employe Supervisory & Management employes salary schedule Item stricken from agenda. Postponed Salter explained that Hospital Board had requested that an ordinance be drawn and the Mayor had requested the emergency clause to make it ~mmedtately operative if passed. The ordinance was read and McCannom moved to second reading. Ragland seconded and on roll call, all YES. Firs t reading was given an ordinance amending Ordinance No. 1361 relating to required installation of parking and landscaping facili- ties. Hoffarth moved to second reading; second by Ragland and passed unanimously on roll call vota. An ordinance adopting the annual budget was read and Hoffarth moved to second reading; Ragland seconded and on roll call, all YES. First reading was given an ordinance levying taxes for the period of July 1, 1976 to and including June 30, 1977 and declaring an emergen-- cy. McCannon moved to second reading;Ragland seconded and on roll call, passed unanimously. Second reading by title only was given an ordinance amending Ashland Ordinance No. 626 and certain sections of the Ashland Municipal Code and adding a new Section to Chapter 10.68 relative to parking in and adjacent to the City Parks. Ragland moved to adopt; second by McCan- non and passed unanimously on roll call vote. Second reading was given by title only of an ordinance authorizing and ordering the improvement of Oxford, Coventry and Cambridge Sts. R~gland moved to adopt; Laws seconded and on roll call, all YES. S-cond reading by title only was given an ordinance authorizing and ordering the improvement of Guthrie Street from Holly to Ashland Streets. Stella Demo requested as an owner of property at Ashland & Guthrie consideration be given to stubbing in services so that locations need not be change so often resulting in damage to new streets. Director of Public Works Alsing said that they plan as best as they can on locating but it is difficult where no plans have been submitted in advance of installation. Almquist spoke of the five year prohibition on cutting new paving. Hoffarth moved to adopt; second by Ragland and passed unanimously on roll call vote with Laws abstaining because of close proximity of the street. A resolution was read changing the name of Frontage Road on north side of Highway 66, west of SPRR to "Shamrock Lane." Laws moved for adoption; second by Ragland and passed unanimously on roll call vote. Resolution setting forth a wage plan for miscellaneous nonsupervisor5 employes for Fiscal Year 1976-77 was read. Ragland moved for adopt- ion; second by McCannon and passed unanimously on roll call. A resolution setting forth a salary schedule for supervisory and management employes for fiscal year 1976-77 was read and Almquist 6/16/76 Pg. 7 Supervisory Salaries Transfer of Appropriations Departmental Reports requested that the salary of the Street Superintendent be stricken from the salary schedule and read the resolution. McCannon moved for adoption; Ragland seconded and passed unanimously on roll call vote. A resolution transferring appropriations was read and Ragland moved to adopt; Hoffarth seconded and on roll call, passed unanimously. Hoffarth asked who paid for work being done at high school and Aim- quiet said he would get the information. McCannon moved to adjourn at 11:08 p.m., to June 18, 1976 at 4:00 p.m for reading of ordinances on hospital endowment, budget and tax levy. Ragland seconded and on voice vote, all YES. , Gary L. ~ickett Mayor 6/16/76 Pg. 8