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HomeMy WebLinkAbout1974-0604 REG MININVOCATION ROLL CALL APPROVAL OF MINUTES May 21, 1974-Council Parks & Recreation May 9, 1974 Hospital Board May 17, 1974 "Port of Entry" sewer .connect request by Oregon State Hwy. MINUTES FOR THE REGULAR ~ETING ASHLAND CITY COUNCIL June 4, 1974 Rev. Wayne Todd gave invocation which was followed by the Pledge of Allegiance. The regular meeting was .called to order by Mayor Fries in the Council Chambers on the above date at 7:30 p.m. Soderberg, Prickeli, Allen, Roble, Conklin and McCannon were present. Conklin asked that the minutes in the last paragraph on page two be corrected to read "Conklin reported for Mayor's golf course committee". Soderberg asked that on Dage S, paragraph 5 relative to the Truck Ordinance be corrected to read "that anything we do can improve the discriminatory Ordinance". Roble moved to approve minutes of regular meet ing of May 21, 1974; Prickeli seconded and motion Dassed on unanimous voice vote. Prickett moved that minutes of the Parks & Recrdation Com- mission for Mayg, 1974 be accepted and placed on file; Allen seconded and motiqn passed on unanimous voice vote. Roble moved for acceptance of'minutes of Hospital Board for meeting of May 17, 1974. Soderberg seconded and motion to accept and place on file passed unanimously on voice vote. City Administrator Almquist read letter of request for sewer hook-up outside city limits from Oregon State Highway Division for proposed "Port of Entry" and explained that he had advised the Division that such connect would take Council action and recommended that. if approved some con- tractual arrangement should be entered into. Gary Kennon and Earl Purdy of the Highway Division were in the audience. Roble asked Kennan why a septic tank was not considered and it was stated that soil tests indicated that a septic tank could not be approved and the volume would be greater than what could be handled by that method. Soderberg reminded the Council that when it turned down the opportunity to join in the Bear Creek Sanitary Valley Sanitary Authority that we would plan around it and that she could see no reason to turn down a state agency and recommended that the Ordinance be amended for this purpose. Roble asked Earl Purdy if another location had been considered and Purdy explained that the proposed site had the best grade for safety of trucks in parking and leaving the'area. Soder- berg moved that Staff be instructed to draw up an ordinance to accommodate the request. McCannon seconded. Allen asked what the cost would be for a mile of sewer line and was told by Purdy approximately $62,000. Mayor Fries asked Purdy if the POE would be a source of more revenue to the state and was assured that it would. Conklin requested that motion be amended to allow hook-up when sewer treatmem plant expansion has been completed. Soderberg changed her motion to include request by Conklin. City Attorney Salter suggested that Ordinance allow hook-up to governmental buildings erected after July 1, 1974, Soderberg restated her motion to say."Staff be directed to allow sewer connec~ with Council approval; McCannon seconded and on roll call Soderberg, Allen, Prickeli, McCannonand Conklin voted YES. Roble opposed the motion. Soderberg moved that Staff be directed to write a letter to Oregon State Highway Division of intent to allow connect after approval of ordinance. Conklin seconded and motion passed with Soderberg, Allen, Prickeli, Conklin-and McL,,nnon voting YES and Roble voting NO on roll call. Blotion passed. Regular Meeting Kshland City Counci'l 6/4/74 Page 2~ OSFA ~ Inn adjacent ~o Vito's PUBLIC FORUM Noise request Unfinished Business Bridge Construction Granite Street City Administrator Almquist read letter of support of application for liquor license for inn to be' located next to Vito's from the Oregon Shakespearean Festival Ass6cia- tion. Prickerr moved that the letter be accepted and placed on file and Allen seconded the motion. Conklin asked what could be done to get approval of the Oregon Liquor Control Commission and Soderberg suggested that Council attempt to get a better feeling about the OLCC and that perhaps their criteria had changed. Mayor Fries said he had discussed the matter with tbgm and it was indicated that they were averse to the combination of wine and beer licenses but they had reconsidered on one application where only wine was requested on the license. On motion to accept and place on file, passed unanimously. Parks Director ~{cGuire of 98 Starlight Place spoke on behalf of Wyleen Rogers who could not be present and stated that the Parks Commission had approved a request for a dance to be held by the Lords & Ladies Square Dance Club to be held in the park but was wondering about the noise generated from 8:00 p.m. to 11:00 p.m. on Wednesday, June 19, 1974. McGuire said that proceeds from the dance would go to the Park Restoration Fund. Prickerr moved the matter be placed on the Agenda this evening. Conklin sec- ended and on roll call vote motion passed unanimously. Prickett moved request be granted, Conklin seconded and motion passed unanimously on roll call vote. City Adminis- trator Almquist informed McGuire it would be necessary to get a permit and that the bond would be waived. Garth McGuire, Parks Director, presented figures to Counc~ previously requested in the amount of $14,547.46 spent to May 31, 1974 on flood damage repairs which did not include granite which was hauled by the City which came to $2500 for the 1,000 yards of material. Anticipated cost for June would be $2,110 in salaries & benefits and the cost of pipe to repair park extension and around the Bandshell would bring the total up to $20,157.46. Prickett moved to authorize spending ~20,157 46 through June 30, 1974; Allen seconded. Robie aske~ City Attorney Salter about possible responsibility in failure of the gunnite in extension. Salter referred the question to Public Works Director Alsing who said the deterioration was caused dur- ing flood by the water getting under the gunnite through openings left for trees, etc., and he felt that no one could be held liable under such circ~nnstances. Prickett's motion to authorize spending passed unanimously on roll call vote. Prickett asked McGuire for schedule of thirty, sixty or ninety days time to complete the major construc* tion items. McGuire said that he would like approval for ninety days to take advantage of temporary summer help. McGuire agreed to have plans schedule for next meeting. City Administrator Almquist reported on bridge construct- ion and repairs proposed for Ashland Creek. He reported that the only success he met with funding was for an additional $3,000 committed to enlarge culvert on Van Ness bridge. It was proposed that the Granite Street bridge be reconstructed using a steel arch the City has on hand to widen bridge to two lanes at a net cost of $5,805, $1,73S of which would be covered by FDAA and the balance proposed to be charged to bond proceeds. Soderberg moved to accept Staff recommendation; Prickett seconded and the motion passed unanimously on roll call vote ~-~ular Meeting Ashland City Council Page 3 Bridge Construction ' Winburn Way Nevada Street Van Ness Street Public Hearing Oredson Reclassifi- cation City Administrator Almquist presented three alternatives to correct Winburn Way bridge against future flooding by (1) realigning channel at a cost of approximately $4,000; (2) lower bottom of culvert at cost of $30,220; or (3) instal~ lation of entire new culvert adjoining existing culvert at a cost of approximately $83,460. The Administrator remind~ Council there would be no funding. Conklin moved for realignment at cost of $4,000; Allen seconded. Soderberg said she wanted the Parks Department to discuss the work and make recommendations because several trees are involved. Conklin amended motion to add "with concurrence of Parks Department". On roll call Vote, passed unanimously. City Administrator Almqulst cited alternative measures in repair of Nevada Street by (1) additional culvert at a cost of approximately $17,995; (2) larger culvert ~t approximate cost of $32,615; and (3) entire new bridge at approximate cost of $27,740. Conklin moved for construction of new bridge; Soderberg seconded and the motion passed unanimously on roll call vote. City Administrator Almquist said there would be no action .necessary on the Van NessStreet bridge since it is being totally funded by federal funds. Mayor Fries opened the Public Hearing on proposed reclass- ification from County R-R (Rural Residential) to City of Ashland R-l: B-8 (Single Family Residential) on 7.96 acres of property situated west of Tolman Creek Road at Green- meadows Way as applied for by Vincent Oredson. City Admin- istrator Almquist asked that City Planner Mawson present slides of the area which are to be developed for the record, entered as Exhibit 1, and stored along with the tape of the proceedings in the Planning Department's Zone Change Folder. Mawson stated that Planning Commission had approved applic- ation by unanimous vote. Applicant and his legal represent- ative, Harry Skerry, were present. Skerry spoke for Zone Change and asked that Oredson speak on the subdivision plans. Oredson introduced John Todd of Roseburg as his partner in the project cited Medford City Hall, Library & Music Build- ing, Education-Physchology Building and others as having bem built by Todd. Oredson showed area map showing access route: and presentation map showing the master plan of subdivision. The map showed 80 lots of varying sizes from 8,000 to 12,000 square feet, five acres taken up with roads and S½ acres; of open space and 15½ acres in residential lots. Oredson explained that allowable density could provide for 111 units which is 31 more than he is proposing and that there will be an average of three residential units per acre in his plan. Oredson said he at this time plans to develop in sections and does not anticipate the sale of all lots for at least five years. Skerry marked Proponents Exhibits 1, 2 and 3 for the record which included (1) Plat of Mountain Ranch Subdivision, (2) Area map shewing access routes and, (3) Presentation Map Master Plan. Exhibit 4 was a letter in support Of the proposed project from Leo ZuDan who spoke of the property as the most desirable above the Boulevard and the proposed subdivision as well planned. Richard Hansen of 571 Henley Way, Planning Commissioner, brought out the fact that applicant is not ask]n~ for annex- ation of a piece of land none is. which is already in the city limits but for 7.96 acres to allow for five lots and to develop the jogging, hiking and riding trails. Regular Meeting Ashland City Council Page Public Hearing Cent. Oredson, Applicant · Public Hearing James Ochs, Appli- cant - School Prickett said that the water system has not increased in the last ten years and that Council has a legal obligation to serve the people within the confines of the City. Steve Shapiro of 620 Pracht, proponent, asked Prickett if his opinion would be changed if Oredson abandoned plans for the five additional units and Prickett answered by saying that it would kill his objection and added that although he did not agree with all of the findings that he did not realize that the 7.96 acres would produce only five units. Jim Wright of 1765 Bristol, Planning Commissioner spoke in favor of the request. Skerry suggested continuance of the hearing because of the hour. No one from the audience spoke in opposition of the application. Mayor closed public hear- ing. Marked for records and placed in file were Exhibit S, Findings of Facts summarized by Oredson, Exhibit 6, letter from Contractor Krumdieck and, & Exhibit 7 - letter from Bob Wright. Allen moved to grant zone change conditional on acceptance by Planning Commission of plat presented to us. Soderberg said the Council may adjust findings of fact with Council's findings and further suggested that Prickett's comments on five parcels be enteredlinto the findings. Soderberg seconded and on roll call vote, Allen, Prickett, Soderberg and McCannon voted for the motion; Conk- lin and Roble opposed.. Prickett moved that findings of fact be submitted later. On voice vote, all YES. Soderberg risked permission to place an item on Agenda which was granted, and moved that Staff be directed to bring in an ordinance on public hearing for annexation of Oredson property. On roll call, Allen,'Soderberg, Roble, McCannon and Prickett voted YES. Conklin opposed. Planner Mawson presented Plat ~Iap (Exhibit #1), Petitions from property owners who do not object to proposed construc- tion of school (Exhibits #1 & #2 - Proponents) and silowed slides of the location at 275 Avery Street. All exhibits slides and tape are to be filed in the Conditional Use Per- mit file in the. Planning Department. Mawson said that applicant has been approved by Planning Commission to cons- truct a two classroom private school in R-3 Zone adjacent to existing Three Bears School. Mawson read petition signed by ten homeowners who do not object and another with three signatures. James Ochs of 1028 Starlite Place have operated the preschool for four years and would like to expand to have First Grade. Ochs introduced Karen Smith, Dave Disney and Mr. & Mrs. Roberts as parents of pupils, all of whom favor the school expansion. Gordon Brandt of 315 Avery opposed the project complaining of no~se and traffic congestion and said an apartment would create less traffic and noise. Wallace Olson, Builder, read a letter mailed to him on May 14, 1974 rejecting his application to build a duplex on Avery Street and the reason being given for the denial was for traffic reasons. He said in the hearing on his application that Ochs complained that traffic was a problem on Avery Street. Judy Van Blarcom who lives across the street said that traffic is heavy and that cars frequently park on the side of the street on which it is illegal to park. Ira Alcorn of 340 Avery said she signed the petition in opposition and felt that Mrs. McAvoy had represented the petition correctly. Mrs. Kelley of 303 Avery and Mrs. M. A. Taylor of 32S Avery also spoke in opposition be'cause of traffic and said they would not want a onesway street. Prickett asked Ochs how many child- ren he is licensed to house and was told that 45 children could be there at one time and that he actually has 75 or 80 at different times during the day and week. Mayor Fries closed the public hearing. Conklin said he still thinks there is too much traffic there already - that it is a egular Meeting Ashland City Council Page S " Public Hearing cent. 'Ochs Public Hearing Terrace St. Improve- ments Budget Hearing Date Oak Tree Liquor License Transfer (Calkins, Allen & Hampton) 99 Market (John Speece et ux) COG Meetiug Policy Decision Equip. Acquisition Truck Ordinance Zoning Ordinance T.J.Ramoss, Jr. Applicant Ashland Munic%pal Code ordinance Improvement Bonds Ordinance a residential area and thinks it should remain oue. Allen moved that appeal of approval of Planning Commiss- ion be denied and Planning Commission recommendation be adopted. Soderberg seconded. On roll call, Allen, Soder- berg and McCannon voted YES. Roble, Prickett and Conklin voted NO. Mayor Fries broke the tie vote by voting NO. The motion on appeal of approval was upheld. Mayor Fries opened the public hearing and asked For propon- ents. Fred Hartley of 182 Terrace said he is in favor of the improvements and recommended they be started as soon as possible to avoid higher costs. Mayor, closed public hearing as there was no opposition in the audience. Conklin moved that Staff be directed to draw an ordinance to approve prop erty improvements on Terrace Street. Allen seconded and the motion passed unanimously on roll call vote. Conklin moved that Budget Hearing date be set for June 25, 1974 at 7:30 p.m., seconded by Soderberg and passed unan- imously on roll call vote. Recorder Butler presented applications for transfer of liquor licences for Oak Tree, 2359 Highway 66; and 99 Mar- ket, 1725 Siskiyou Blvd. Police Chief Hays said he had no objection to either transfer. Conklin moved for approval of transfers; Prickett seconded and Soderberg, Roble, McCan- non, Prickett and Conklin voted YES. Allen asked permission to abstain. Motion PASSED for both transfers. Mayor Fries reported that he had attended a COG meeting and recommended that Ashland withhold membership dues until such time as we see which direction COG is going. Fries crit- icized COG for having interceded to obtain funding for a non-member agency and said under the circumstances there seems to be no advantage in payment of dues. Mayor Fries said that adoption of the amended Cha~ter will be coming up on June 25, 1974 and he would like recommendations from Council before that time. City Administrator Almquist asked Council if they would Want to go on record as being in favor of funding of new equipment acquisitions throu~ originating departments rather than the Equipment Fund. Prickett so moved; Allen seconded and on roll call vote, passed unanimously. City Administrator Almquist gave second reading by title only of an ordinance amending Ordinance No. 1811 which designated a truck route within the City of Ashland, and declaring an emergency. Conklin moved for adoption. Soder- berg said she is voting YES because it is discriminatory and she is in favor of anything that improves it. On roll call passed unanimously. City Administrator Almquist gave second reading by title only of an ordinance amending Ordinance No. 1361 to rezone certain property from C-1 (Retail Commercial) to R-I:B-8 (Single Family Residential) and declaring an emergency. Conklin moved for adoption and Prickett seconded. On roll call, all YES. Second reading by title only of an ordinance to adopt the Ashland Municipal Code was given by City Administrator Aim- quist. Roble moved for adoption; Conklin seconded and the motion passed unanimously by roll call vote. First reading of an ordinance authorizing the issuance of City Improvement Bonds in the matter of construction of curbs, sidewalks and related improvements (Imp. Dist. 40) was given by City Administrator Almquist. McCannon moved to second reading; Conklin seconded and motion passed unanimously on roll call vote. Regular Meeting ' Ashland City Council Page 6 Transfer Appropria- tions within funds City Administrator read a Resolution transferring approp0 riations within funds. Prickerr moved for adoption; Sod- erberg seconded and motion passed on unanimous roll call vote. The meeting adjourned at 11:35 p,m, Archie C, Hries. Mayor Findings in the Matter of the Appeal to the Common Council of the City of Ashland, Oregon of the Ashland Planning Commission Approval of andApplication by Mr. an~ Mrs. James R. Ochs for a Conditional Use Permit at 267 Avery St. On May 7, 1974, a CUP application by Mr. Welly Olson for con- struction of ~ duplex on Avery Street was denied by the Council on the basis that it would result in increased traffic. Avery Street parking is restricted t0 one side of the street because the width of the street is insufficient to permit parking on both sides and two way traffic. Under the present zoning, the 0chs are not limited in the number of pre-school children enrolled. However, granting a CUP permitting first graders would open up the whole gamut of primary grades, which, in effect, would create a traffic problem of considerable dimensions. Proponents of the CUP recognized the traffic hazard by proposing that Avery Street be limited to one way traffic. Such a solution would cause ~ndue hardship on the business and residential elements already existing. A ~umber of apartment houses have been built between Iowa Street and East Main Street, most of which are, during the regular college year, occupied by students of Southern Oregon. College who use Avery, Bridge, and Garfield Streets for access to and from the campus. As the density in this general area increases, it is inevitable that the traffic situation will worsen. Residents along Avery Street claim that the present enrollment of pre-schoolers are noisy enough. There is no doubt that older and larger children are more boisterous than the small ones. In summary, the present status of zoning along Avery Street should be preserved not only for the present benefit of the people in this area, but to prevent a much worse situation from developing in the future. June 21, 1974