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Home My WebLink About1975-0506 REG MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL May 6, 1975 Roll Call Approval of Minutes Council Planning Commission Parks & Recreation Airport Comnittee Traffic Safety Hospital Board Appeal - Phillip W. & Eleanor Smith (CUP #164) Senior Center Quarterly Report Parks & Rec. Report Financial Commentary Trespass Litigation Public Forum Mayor Prickett led the Pledge of Allegiance and called the meeting to order at 7:30 p.m. in the Council Chambers on the above date. All members were present. McDowell moved that minutes for the regular meeting of April 15, and the executive session of April 29, 1975 be approved and placed on file; Hoffarth seconded and on voice vote, all YES. Minutes for the Planning Commission meeting of April 14, 1975; Parks & Recreation for April 10, 1975; Airport Committee for April 9, 1975; Traffic Safety Commission for April 23, 1975 and Hospital Board for April 18, 1975 were presented for acceptance. Hoffarth requested that letter referred to in Hospital Minutes on page one from Nelson to the Board of Directors be made available to Council. Mayor directed City Administrator to comply with request. McDowell moved that minutes for meetings be accepted and placed on file, Laws seconded and motion passed unanimously on voice vote. City Administrator read letter from Richard Cottle representing the Smiths requesting that approval of CUP No. 164 be appealed and recor~nended that Public Hearing be set for May 20, 1975 at 7:30 p.m. Mayor Prickett so ordered and requested that such hearing be advertised aad necessary notices be sent. Senior Center report was presented. McCannon moved that report be acceFtc and placed on file. Laws seconded and motion passed on voice vote, all YE Monthly report from Parks & Recreation was submitted and Laws moved that it be accepted and placed on file; second by Ragland and passed unanimous] on voice vote. Director of Finance Nelson's financial commentary for month ending March 31, 1975 was submitted for acceptance. On question from Hoffarth Finance Director Nelson stated that a series of interfund loans will be necessary before ParksI& Recreation financial picture is totally stable and mentioned a series of fiscal problems dating back to Hunter Park were being worked out and offered to report financial status to Council should it desire his analysis. Mayor accepted report as submitted and clarified by Nelson. City Administrator Almquist presented summons relative to trespass suit which had previously been file end now had named one more defendant and said no action was necessary. A petition signed by nineteen individuals was presented by Ron Lamb of 288 Harrison who spoke on behalf of residents of area bordered by Herriser Iowa, Idaho & Holly Streets and requested that Co~n~cil consider settin~ moratorium on construction of multiple units in the area mentioned abeve which is zoned R-3:1-2 but which is essentially made up of single family dwellings. Lamb continued by stating that although it is his understan,~ir that purchase of property on corner of Holly & Harrison is unde~ay, be Re~ulf-i ~eeting Ashland City Council P~blic Forum cent. Lamb-Harrison St. Noise Permit Request Swimming Pool Student Awards Dinner Mountain Ranch Sub- division not positive what the purchaser plans to build but appealed to Council to take measures on behalf of the majority of property owners in area who want t~e neighborhood to stay as it is by stopping minor land partitions of the deep lots until the Comprehensive Plan is completed and added that applicant (purchaser) for minor land partition meets all requirements of the Planning Commission but feels Council has power to implement controls to benefit desire of majority of people. Laws and Mayor Prickett agreed that matter should come before Planning CsF~ission first and eventually be sent to Council with recommendations should it be deemed necessary. City Attorney Salter voiced substantial reservations on moratorium pro- posal stating City would be taking away the value of a person's property by not allowing him permitted use. Mrs. Ron Lamb said situation is unique in that seller had no intent to sell to someone with plans to develop othe than single family dwelling. Martin McKenzie who represented Starnes (seller) said that there was a slip-up on listing of property which added to the confusion. Lamb repeated that he felt that within the ri~ts and responsibilities of the Council that a moratorium could be implemented by weight of evidence as supported by petition presented Council consisting of majority of property owners. Mayor Prickett stated that Council would be adjourning to an adjourned meeting to he called for on Thursday, May 8 and that at that time consideration could be given matter allowing Council to study problem in advance of meeting and to talk to Hampton who at pre- sent is out of town. Council agreed matter be taken up on Thursday at 4:00 p.m. Candice Stanton of Southern Oregon College requested a noise permit for Spring Festival to be held from Monday, May 12 through Friday, May 16 and asked that noise permit be allowed for ~y 13 between the hours of 4:30 & 7:30 p.m., where rock band will perform in area between Taylor and Student Union on campus. Allen moved to approve request; Laws seconded and on roll call, all YES. Councilman Hoffarth brought up need for swimming pool program in Ashland and suggested that Ragland make an attempt to work out a program with owners of Twin Plunges to offer a rea!i~tic price for swimming at their facilities even if it would be necessary to subsidize program with Parks Commission and that such plans be made expeditiously, Mayor so ordered. McCannon, Chairman of Students Awards Dinner, announced that the annual awards dinner will take place at Oak Knoll Restaurant on Monday, May 19 at 6: p.m. and asked that Council members respond to invitation to them and respective spouse. A letter from Harry A. Skerry, Jr., Attorney at Law representing developer Vince Oredson was read by City Administrator Almquist who stated that the new agreement drawn between subdividers and City is in accord with all parties and recommended contract be approved. Mayor Prickerr advised Skerry of his concern that the first agreement drafted and preseutcd to Council had never been signed by either party and deplored the length of time lapsing between agreemeats. Skerry apologized for time lag and explained that he did not feel the City had been injured in any way due to such time lapse. Skerry went on te say that the orderly phase concept is covered in the new agreement to allcw for necessar~ bouding and that the losping system of roads and utility systems have been provided for. Skerry presented preliminary plat and master plan for Council consideratiG with request to draft final ordinance taking off conditions with reference to initial agreement. Skerry agreed that each unit will be controlled by ordinances and regulations in effect at ti~a of development. Mountain Ranch continued Oak Knoll Water Senior Citizen Dis- count - McCannon McDowell moved that contract be approved as modified and that Mayor and Recorder be authorized to execute same; Ragland seconded and motion passec without opposition. Mayor directed City Attorney Salter to draft proper ordinance for annexation with newly accepted terms and that mas~r plan an preliminary plat plan be deferred until such ordinance is available for presentation at the May 20 Council meeting. Chairman Gerald Allen reported that the coamittee had met including Laws, McDowe!l and Mayor Prickett and decided unanimously to recommend continua-. tion of water and sewer service in Oak Knoll and in the absence of a unanimous decision of recommendation for annexation, the committee turned that problem over to full Council. Prickerr said that there are 250 water connects involved in the agreoment sad opened the matter for discuss ion. City Administrator Almquist said tha~ the original agreement drawn up in 1962 called for 250 hookups; that 118 were platted and that there remains 132 to be connected. Allen said ttat the original agreement drawn up with predecessors of B & G should be homored today. McCannon asked if any question on right to sell water might come up to which City Attorne Salter said that the "hold harmless" agreenent now being signed by owners for new connects has made people aware of ~he problem but has caused one sale to be lost and cautioned Council that if the "hold harmless" agreemen is suspended, there could be serious litigation. Allen said he thinks annexation should be accepted or rejected ms he could not see anything to change the matter in the forseeable future~ Ragland disagreed and said that the Comprehensive Plan when completedwill set guidelines relative to growth and that Fire Station No. 2 now }eing considered among budget cuts for closure would not be possible witl annexation of Oak Knoll. Administrative Assistant Gibbs said that ~n cost/revenue study, an estim- ate of about $1.3,000 was worked up on Oak~oll. Jim Wright, principal representing Oak ~oll s~id he could not s~e why annexation would not take care of the legality of selling water outside city limits. Allen moved that Council accept recommendation ~at City accept water connects part of the Agreement. Laws agreed with lagland that if Oak Knoll is annexed, all control will be gone and P~gland explained that he planned to vote "NO" but such action is not to tak~ the water away but to await the Comprehensive Plan for direction. La,~ was concerned that if the agree ment is not a legal conmitment made by the City, it is nonetheless a moral obligation. Mayor Prickerr said tha~ all applications for wate~ in undeveloped area should be subject to new agreement between the City and B & G properties. Council agreed. Mayor ~ickett polled members in favor of suspending the "hold harmless" clause a:d found all in favor except Ragland. On Allen's motion to continue to furnish connects to the balance of undeveloped property, all members voted YES with exception of Ragland. Councilman McCannon presented proposal for senior citizen discounts raisjnr the income level for el igibility and r~comnended that two Council members work with Coordinator of the Senior Forum ~n qualifying applicants net only by income but by circumstances creatix~ hardship situations and so moved. Laws seconded. Murray Gardner of 2340 Ponderosa commended McCannor for efforts but suggested that age should n~t necessarily be criteria for eligibility and suggested since the ntilit%s funds are being used this way that col].ege students and others be benef~iaries also, McCannon disagreec= saying that the elderly have no capacity ~r raising their income, R~egu~aEMeeting Ashland City Council ~-~nior Citizen Discount Cont, Public Hearing Ordinance proposed for filing fee re- vision Public Hearing Ordinance proposed for Home Occupation section revision Public Hearing Subdivision Ord. Vintage Inn - additional name to liccnce Bicycle Path Const. Request for "stop" signs at C & ~ird Sts. Bi-centennial Report Sewage Treatment Labora- tory Equipment Hoffarth moved McCanncn, Laws and the ~yor work with Director of Senic Citizen Center on qualification of those eligible for discount; Laws seconded the motion and on roll call, all YES. Mayor Prickerr opened the Public Hearing on proposed ordinance for revis~c of filing fee schedule for zone variances. There was no comment either fs or against the proposed revision. McCannon moved to place ordinance on agenda for May 20, 1975 for first reading; McDowell seconded and on roll call, passed unanimously. Mayor Prickett opened the Public Hearing on proposed ordinance revising th Home Occupation section of Zoning Ordinance. There was no comment either for or against the amendments. Laws moved to place proposed ordinance on next agenda, May 20, 1975 for first reading; McDowell seconded and motion passed unanimously on roll call vote. Public Hearing was opened by Mayor Prickett on proposed amendments to the Subdivision Ordinance relating to the improvement of abutting streets and in the absence of comment either for or against from the audience, the May, closed the public hearing. McD~ell moved that proposed ordinance be placed on Agenda for first reading on May 20, 19751 seconded by Hoffarth and passed with Ragland, McCannon, Hoffarth, McDowell and Laws voting in favor; Allen opposing. Application for the name of Michael T. Mahar to be added to the license previously issued to Rosema~, Mahar DBA Vintage inn was presented by City Administrator Almquist. McCannon moved for approval; McDowell second~ and on roll call, passed unanimously. Request from Director of Public Works Alsing for the setting of a public hearing date on proposed ~onstruction of bicycle path was presented by the City Administrator. Laws moved that public hearing be set for May 20; seconded by McDowell and passed unanimously on roll call vote. Memorandum from Director of Public Works requesting that "stop" signs be installed at C & Third Streets intersection as recommended by Traffic Safer Commission was presented for consideration. Ragland moved for approval; Allen seconded and on roll call vote the motion passed without opposition. Mayor Prickett instructed City Administrator Alm~uist to predate the necessary resolution for the next Agenda. It was .suggested by Mayor Prick- ett that Public Works Director Alsing inquire as to the date the State High way Division plans on repairing/resurfacing state-owned highways in the Cit Alsing said the State is experiencing budget cutbacks but will attempt to learn of their plans for highway repair. ~e report of the Bi-centennial Committee on designation of City of Ash]and application was postponed until the May 20th meeting. A memorandum relative to Sewage Treatment Plant laboratory equipment show- ing an overage of $3,675 as originally submitted by B & B Contracting was presented for consideration from Public Works Director Alsing who ourl~ed various reasons for overage and listed cost breakdo~ on list of unfcrscen additions in the expansion of the Sewage Treatment Plant. Alsing asked Project Engineer Fries to explain need for nettier balance which was con- sidered to be an "extra" in the list of lab equipment and Fries explained that the equipment would pay for itself in time saved and accuracy in the Re~ul~~' ~eting Ashland City Council ~see 5 Sewage Treatment Plant Lab Equipment cont. Audit Contract Bi-centennial Committee White Cane Day Budget Copies Adjournment testing functions as it was roughly calculated to save about $1,600 per year. On question from Allen, Alsing stated that a dollar amount was allowed but that the original contract noted that this portion of the bid could be let at a later date and could be accepted or rejected. Alsin~ said that the equipment could be rejected but said that we would probably end of having to get it anyway. City Administrator Almquist said the cost would be reimbursible. Hoffarth moved to purchase laboratory equipment; Laws seconded. On roll call, all YES with exception of Allen who opposed. Finance Director Nelsou presented audit contract with Tischhauser, Bubb & Company for audit services for fiscal year ending June 30, 1975 for a cost of around $5,600. Council agreed that results of the last audit were slow in coming and Mayor asked Nelson reason for delay. Nelson said the flood created an extra workload. On question from Hoffarth, Nelson explained that to ask a new auditing firm would cost additional monies unt it became familiar with accounting system here and that if a State auditor were brought in the City would be charged travelling time amouDtin~ to fir days for four worked and suggested that he ask Tischbauser, Bubb & Co~ to make findings available at an earlier time. McCannon moved for acceptance McDowell seconded and on roll call, all YE~. Mayor Prickett appointed Glenn Gertson to ~rve on Bi-centennial Committee Ragland moved for confirmation; McDowell s~conded and on voice vote, motion carried unanimously. Mayor Prickett said he had been requested ~o proclaim ~lite Cane Day and that proclamation is not necessary. Mayor Prickett directed Nelson to make ~op~es of the Budget available to the library and Southern .Oregon State Coll~ge for perusal of the public. At 1~07 p,m,~ the meeting adjourned to A~urned ~eeting on Thursday, May 8th at 4:00 P.M. Robert D. Nelson Acting Recorder ~ary L. Pricke'tt Mayor