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HomeMy WebLinkAbout1976-0706 REG MINROLL CALL APPROVAL OF MINUTES MINUTES OF BOARDS, COMMISSIONS & COMMITT- EES COMMUNICATIONS WAIVER OF ASSESSMENT S. 'D. Johnson STREET VACATION REQ. Daniel Liebowitz MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL July 6, 1976 Mayor Prickerr called the meeting to order at 7:30 p.m. on the above date in council chambers, and led the Pledge of Allegiance. _All council members were present. Councilman McCannon moved to approve the minutes of the Executive Sess- ion of June 2, 1976, the regular meeting of June 16, 1976, and the adj- ourned meeting of June 18, 1976. Councilman Ragland seconded, and motion passed on unanimous voice vote. Minutes of the Hospital Board of June 18, 1976, and of the Parks Commiss- ion meetings of April 9, April 14, April 29, May 24 and June 3 were pre- sented. Councilman Hoffarth asked why there were so many sets of minutes for the Park Commission, to which Administrator Almquist replied that the Co~nission was late in submitting their minutes. Mayor Prickerr asked the recorder to report on any Charter requirement as to time for Commiss- ion to file their minutes. Councilwoman McDowell moved to accept the minutes of the Hospital Board and Park Commission. Councilman Laws seconded, and motion passed with unanimous Mayor Prickerr reported being contacted by Mayor Hale of Coos Bay asking Ashland's support for repeal of LCDC legislation. Ragland said he has been critical of the operations of LCDC, but does believe in the concept of land planning, and now that LCDC chairman Day has resigned, he would hope that changes in procedures will be acceptable to local governments, and is opposed to repeal of Senate Bill 100. Laws agreed and felt City should go on record as being in favor of basic law. CounciLman Allen agreed with concept of planning, but felt S.B. 100 goes beyond acceptable regulations, but not to the extent that he will support Coos Bay in ask- ing for repeal. He hoped some middle ground approach can be taken. The mayor said he will write to Mayor Hale to report that he and the Council do not support repeal of S.B. 100, but feel the law should have some modif'~.cations. City ~ttorney Salter reported that he finds the easement to T.I.D. on the Johnson property on Starlight Place (Tax Code 5-1, 15B-903) to be an exclusive easement, thus prohibiting the placement of a driveway on that portion of the property. Almquist displayed a map of the property show- ing location of the easement and also of electrical transformers placed at the only other place where a driveway could be placed, and explained that to his knowledge, this is the only place the City has erected improvements which would prohibit driveway access after the public hear- ings and the levy of assessments for street improvements. Butler said the original assessment had been in the amount of $588.50, and that approximately $425 is still owing on the assessment including interest. McCannon moved to waive the balance of the assessment. Ragland seconded the motion. Laws and Prickett spoke of setting a precedent if assess- ments are waived because of lack of vehicular access, but Ragland stress- ed this situation is different because the City created a "land locked" situation with the installation of the transformers. The motion to waive the assessment passed on roll call vote with unanimous YES. Daniel Liebowitz reported that the Planning Conmission had denied his request for a variance to allow reductions of frontyard setback for proposed dwelling on Fork Street, and therefore asked the Council to reconsider his request for vacation of a portion of the street. Alsing recommended the request be denied, and Richard Cottle said he 7/6/76 Pg. ~ Regular Meeting Ashland City Council 7/6/76 PB. WATER QUALITY MONITORING SISKIYOU-MOUNTAIN SIGNAL A UXSmON OF RO RTY ANNEXATION REQUEST STREET CUT - IOWA APPEAL-DOG GROOMING represented the neighbors who opposed the vacation. Ragland moved that no action be taken on the request; McDowell seconded. Mrs. Dave Wight, 180 Vista, inquired as to other action Mr. Liebowitz may take, and was told the ordinances provided for an appeal process. The motion passed on unantmousErotl call vote. Almquist presented a request to continue monitoring water quality. in Ashland Creek and Bear Creek at a cost of approximately $2,000 plus labor for six months. Procedures and costs of monitoring were dis- cussed, with Laws asking for analysis of results to date before extend- ing the program, and the mayor asking thai the program be continued until we have sufficient data to present to EPA and DEQ. McCannon moved to continue the testing. Allen seconded, and motion passed with Ragland, McCannon, Allen and Hoffarth in favor, Laws and McDowell opposed. A letter from Alfred Shirley, Jr., Regional Engineer for State Highway Division, was presented in which he reported that the traffic signal at Siskiyou and Mountain will be installed with no cost to the City of Ashland. The mayor asked Alsing to report on the changed status of FAUS funds available to the City. Almquist reported an offer of a parcel of land from Mrs. Joseph Ek8~ in exchange for city assuming the curb and paving assessment, and rec- ommended acceptance of the offer. Said land adjoins City's Water Street storage yard. Ragland moved to prepare a deed and that the City bear the cost of the necessary minor land partition. McCannon seconded, and motion passed on roll call vote with all YES. A letter from Max Sessions and Arlie Sessions requesting permit for construction of mobile home park was presented. Almquist explained this was the parcel on which annexation was approved for Meister in 1973-74, contingent upon Meister entering into contract for construction of mobile home park within one year. The time was extended an a,~ditional six months, but prior to the expiration of that period, Meister 'sked fo~ cancellation of the agreement, and therefore the annexation was f-ever completed. During that annexation procedure, the Council declared a moritorium on future annexation. Ragland said the Planning Commission had not been in favor of the annexation in 1973, and moved to deny the request. McDowell seconded. Allen asked to abstain because a relative was involved in the original request. Laws, McDowell, Hoffarth and Rag- land voted to deny; McCannon opposed. A letter from Larry Medinger was presented by which he requested permiss- ion to cut paving at 1144 Iowa Street to install water service to a new dental building. McDowell moved to grant the request; Laws seconded~ and motion passed unanimously on roll call vote. Alicia Gaddis appealed a decision of the Planning Commission which denied a conditional use permit for a dog grooming shop on Ashland St. Gaddis explained she felt the shop was denied because the Conmission was of the opinion there would be five or six dogs on the premises at once, but she explained she would be working alone and would groom only one dog at a time, and did not think there would be more than two or three dogs on the premises at any one time. Almquist.explained that the area is zoned C-1 in which beauty and barber shops are permitted, but veterinary clinics require conditional use permits. Mrs. Gaddis felt her proposed business was more closely related to a beauty shop than a veterinary clinic. On question from the .Mayor, City Attorney 7/6/76 Pg. 2 ~gular Meeting COMPLAINT-DELATORRE APPEAL-MOVABLE SIGNS FINANCIAL COI~ENTARY & PARKS FINANCIAL COMMENT PLANNING GRANT Ashland City Council 7/6/76 P~. Salter said he could offer no legal advise on classification of grooming busines,, that it is a matter of interpretation and Jud~nent. After some discussion of the operation of a dog grooming business, Laws moved that a conditional use permit is not required unless more than three dogs are on premises at once. Ragland seconded, and moPion pessed unanimously on roll call vote. A letter from Rosario Delatorre was presented in which he complained that: the City will not allow a water connection to property he owns on Hersey Street even though he paid $125 for the connection in 1970. Almquist read a report from Alsing of numerous violations of building codes on the! property, and that no connections of utilities will be allowed until the building is brought up to code and a certificate of occupancy issued.. Laws moved to ask the mayor to write a letter of the substance of AlsingTs report to Delatorre. Hoffarth seaonded, and motion passed on unanimous roll call vote. Curt Anderson appealed a decision of the Planning Commission to prohibit his carrying a sign board. His attorney, James C. Sims, argued that the building officials may use discretion in allowing signs, and that if a movable walking sign is prohibited, then movable signs on the sides of vehicles, including City vehicles, should also be prohibited. R. D. Reed, 1163 W. Main, spoke in opposition to sandwick boards, calling them obnoxious. Blaze Edmonds, 886 Palmer Road~ spoke in favor of sandwich boards and said they esthetically enrich the city, The mayor and Ragland said as they recalled the discussion of the sign ordinance, the connnittee was opposed to walking signs and felt they were included with prohibited movable signs. Almquist said sandwich boards were spec- ifically prohibited, and after adoption of the sign code, more than 50 sandwich boards were removed. Laws felt a carried sign is different from the movable signs, not greatly distracting to traffic, and the ordinance should be amended to allow them. Allen felt this would be un- fair to those who had to remove sandwich boards from their own property. Ragland said we have a good sign ordinance now with few complaints, and if an exception is made it will open the doors to a lot of exceptions. On question from Mike Mendiburu, 295 Idaho Street, Anderson said i~ would be difficult to find enough advertisers to support more thaL one walking sign. Hoffarth moved to deny the appeal; Ragland seconded. On roll call vote, Allen, Hoffarth and Ragland voted to deny; McCannon, Laws and McDowell opposed. Mayor Prickerr broke the tie voting YES to deny, and comment- ing that he was on the council that adopted the sign ordinance, and that houncil was unanimously opposed to sandwich boards. McDowell moved to accept the financial reports from Finance Director Nel- son. Allen seconded, and motion passed on unanimous voice vote. A letter from Harold Brauner, Director of Land Conservation and Develop- ment, was presented in which he reported a planning extension to Jan- uary 1, 1977, and a planning assistance grant in the amount of $23,900, subject to certain conditions. Planner Mawson said one of the conditions is that minutes of planning meetings be made available to the public, and reported they now are available. Mawson also reported a 701 grant applica- tion for information management system, total project costs of $5,300, _ ~ with $3,300 of that coming from Federal Government. Hoffarth questioned mention of a housing strategy in the grant application and wondered if that would commit the City to future housing attitudes or contracts. Mawson felt it is necessary to establish a strategy on housing= hut he did not feel it would commit future councilS. Almquist said he did not feel that acceptance of the grant would commit the council. Regular Meeting Ashland City Council 7/6/76 Pg. 4 PLANNING GRANT cont. After some discussion of the use of grant funds, the mayor objected {o'a phrase in the resolution which would authorize the city planner to make application for funds. Laws- moved that the phrase be changed to read "That the Mayor and City Recorder are hereby authorized to make applica- tion for assistance under Section 701 of the Housing Act of 1954." McCannon moved to adopt the resolution. Laws seconded, and motion passed on roll call vote with Ragland, McCannon, Laws and McDowell in favor, Allen and Hoffarth opposed. ORDINANCES - Parking & Landscaping Almquist gave second reading by title only of an ordinance amending Ordinance 1761 and Sections 18.52.050 and 18.54.060 of the Municipal Code relating to the required installation of parking and landscaping facili- ties. On motion by Hoffarth and second by McDowell, the ordinance was adopted 'with unanimous YES on roll call vote. Bellview Avenue Imp. First reading was given an ordinance authorizing and ordering the improve merit of Bellview Avenue from Siskiyou Boulevard southerly. Hoffarth moved for passage to a second reading. McCannon seconded, and motion passed unanimously on roll call vote. CONTRACT: I.B.E.W. A contract addendum with International Brotherhood of Electrical Workers was presented to cover salaries for the period July 1, 1976 to December 31, 1976. Laws moved to authorize the mayor and recorder to sign the contract. Allen seconded, and motion passed on unanimous roll call vote. SALARIES McCannon moved to add a salary item to the agenda. Allen seconded, and the motion passed on unanimous roll call vote. Mayor Prickerr asked that a resolution be presented at an adjourned meet{ng at 4:00 p.m., on July 13, 1976, to set salaries as follows: RecorJer at $1,348 per month based on charter provision to adjust Reco~ Jer's salary in same percentage as other managerial employees, Muni- cipal Judge at $850 per month, City Attorney at $819 per month plus $50 per month increase in office allowance, Labor Negotiator at $500 per month retroactive to November 1, 1975, Senior Center Director at $675 per month, and Street Superintendent at $1,484 per month. Laws moved to adopt salaries as stated and that a resolution be presented at the adjourned meeting on July 13th. McCannon seconded, and motion passed with all YES on roll call vote. STUDY SESSION - AIRPORT Almquist announced that Mr. Wadell would like to meet with the Council to discuss the first draft of the airport master plan. A study session was set for 7:30 p.m. on July 27th. At 9:'35 p.m., the meeting was adJou~0~~76. · os~M. Butler Gary L. ckett, i Recorder Mayor 7/6/76 Pg. 4 MINUTES FOR THE ADJOURNED MEETING ASHLAND CITY COUNCIL June 18, 1976 ROLL ,CALL Mayor Prickerr called the adjourned meeting to order at 4:00 p.m. on the above date in the Council Chambers. Present were Councilmembers McCannon, Hoffarth and Ragland. Councilmembers Allen and McDowell wet absent. ORDINANCES Budget Second reading by title only was given an ordinance adopting annual budget and making appropriations for the period of July 1, 1976 to and including June 30, 1977 and declaring an emergency. McCannon moved for adoption; seconded by Ragland and on roll call, all YES. Tax Levy Second reading by title only was given an ordinance levying taxes for the period of July 1, 1976 to and including June 30, 1977 and declarim an emergency. Hoffarth moved for adoption; second by Ragland and on roll call, all YES. Endowment Committee Second reading by title only was given an ordinance establishing an Endowment Committee for the Ashland Community Hospital and prescribing its powers and duties. McCannon moved for adoption; Hoffarth seconded and the motion passed unanimously on roll call vote. Appointments Mayor Prickett appointed the Endowment Committee (copy attached). Ragland moved for confirmation; Hoffarth seconded and on voice vote, all YES. M. Butler ' RECOMMENDED ASHLAND COMMUNITY HOSPITAL Hospital Board Representative Hospital A~ninistrator Hospital ~dical Staff Representative City Council Representative Other members ENDO'WMENT COMMITTEE Mrs. Harry A. Skerry, jr. Robert H. Strowbridge Earl L. Lawson, M.D. Harvey A. Woods, M.D. Albert B. Schwab Jerald J. McGrew Richard Neill E.H. Singmaster Don E. Lewis Mrs. Arthur Kreisman Thomas C. Holyset L. ~. Newbry Mrs. Michael Mendiburu Steven Shapiro