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Home My WebLink About1974-0618 REG MININVOCATION ROLL CALL APPROVAL OF MINUTES Council DEPARTMENTAL REPORTS Planning Comm. Minutes Hospital Board Minutes James R. Ochs - CUP 146 Federal Aid Urban System Fund Allocations MINUTES FOR THE REGULAR M~ETING ASHLAND CITY COUNCIL June 18, 1974 Mayor Archie Fries 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, Roble, Allen, McCannon, Prickerr and Conklin were present: Mayor Fries approve~ minutes of regular meeting of City Council of June 4, 1974 as submitted. McCannon moved that Departmental Reports for the month of May be accepted and placed on file.~ Allen seconded and the motion passed unanimohsly on voice vote. McCannon moved that minutes of May 24, 1974 and June 10, 1974 meetings of the Planning Commission be accepted and placed on file. Allen seconded; on voice vote, all YES. Conklin moved that minutes of the Hospital Board for meet- ing of June 7, 1974 be accepted and placed on file. On voice vete passed unanimously. City Administrator Almquist read letter received from 3ames R. Ochs requesting that Council reconsider its action denying CUP 146 and to reopen the public hearing. Mayor Fries said that the letter was not "fact" but opinion of applicant and further, that applicant would not be eligible to reapply for a year after denial. Conklin moved that letter be accepted and placed on.file; Prickerr seconded. Donald Pinnock of 450 Siskiyou Blvd., representing the Ochs requested that the public hearing be reopened based on Fasano criteria. Pinhock presented a map depicting those in support and opposition of the proposed first grade. Conklin stated that his decision was not based on number of names for or against. Pricke~ made his decision based on increased traffic. On roll call on motion to accept and place letter on file, all NO. Prickett moved to uphold the appeal based on a finding of fact of increased traffic and safety hazards and to adopt findings. Conklin seconded and said he was also basing his decision on the increased pedestrian and vehicular traffic and attendant safety hazards. Soderberg said that Ochs had told Council that if his petition were denied, he would expand the kindergarten, and her vote was based on the probability that an'increased kinder-- garten would engender more traffic than the first grade. Conklin agreed in part, but felt the approval of a first grade would lead to other grades being added to the school in the future. Pinnock again asked for a public hearing, to which Prickart replied that we had already held a public hearing that was artended by proponents and apponents. On roll call Roble, Prickerr and Conklin voted YES. Soderberg, Allen and McCannon voted NO. Mayor Fries voted YES to break the tie and the motio~ to uphold the appeal carried. A letter from Oregon State Highway Division notifying the city of fund allocations for upcoming fiscal year was read by City Administrator Almquist. Conklin moved that letter be accepted and placed on file. On voice vote the motion passed unanimously. ~egular Meeting Ashland City Council 6/18/74 Page~ Traffic control request West St., ~ Scenic 1070 Emma Street Appeal Planning Comm. decision Public Forum OSFA Bus Parking Req. Chateaulin Restaurant Sign City Administrator AlmquiSt read letter from Mrs. Lawson requesting installation of a stop sign on West Street at Scenic Drive. Public Works Director Alsing recom- mended against the stop sign because of the steep street and winter weather conditions. Roble moved the stop sign be installed. Conklin seconded and the motion passed unanimously on roll call vote. A letter from G. L. Stewart was read relative to an addition to a 'home at 1070 Emma Street appealing'the approval by Planning Commission and asking that another hearing be held. Conklin said that new facts relative to the matter had developed and moved that it be referred back to the Planning Commission for reconsideration. Prickett seconded and motion passed unanimously on roll call vote. Bill Patton of OSFA said that he had been successful in getting people to use buses and that parking in front of the old Christian Science Church is fine but in the area by Water Street the drivers are not able to negotiate the turn and suggested that signs be placed from edge of OSFA scene shop below church to the corner designating from 8:00 a.m. to 6:00 p.m. and for commercial buses only 6:00 p.m. to midnight. Conklin moved said spaces be designated for buses and that Water Street be open for Plaza business. Allen seconded. Roble asked Chief Hays his opinion of the proposal and the Chief felt it would cause no problem. On roll call, all YES. Bernard Pradel, owner of the Chateaulin Restaurant, said he had been notified that a sign on his window would have to come down and that he had a permit for same. Prickerr recommended that problem be work out with the City Admin- istrator and suggested that Pradel make an appointment with Brian Almquist, to which Mayor Fries agreed. Friendship City Herb Colby, Friendship City Chairman passed out agendas of annual fiesta plans and requested that Guanajuato Way be closed off on Wed., July 3rd at S:00 p.m. and asbe for use of picnic tables, benches etc. McCannon moved to grant request. Conklin seconded unless there was an objection by Parks Dept. Almquist suggested that fire lane be left open. Roble asked that Chief Hays check fire lane. Parks Director McGuire said there would be no problem with benches. On roll call all YES. Prickett suggested a meeting with the'Friendship Com- mittee so that the city could decide whether there would be financial support. Herb Colby thanked Council for its consideration but said that they do not plan to ask for financial support but wanted the city appraised of their activities. Winburn Closure July 1st McGuire asked Council permission for closure of Winburn Way on July 1, 1974 from 6:00 p.m. to 8:00 p.m. during a fund raising performance of the Blue Saints jazz band, the proceeds to go to park flood restoration. Conklin moved for approval; Prickerr seconded and motion passed unanimously on roll call vote. Regular Meeting Ashland City Council 6/18/74 Page 3 Flood Restoration Projects Community Hospital Parks Director McGuire presented proposed costs from July 1, 1974 to Sept. 50, 1974 for flood restoration in the park proposing that $7,128 be spent for temporary labor, $15,000 for granite on paths, $3,750 for rocks oh creek banks and $8,312.50 for cat work, totaling $34,190.50. Prickerr and Director of Public Works Alsing agreed that Parks Dept., should contract for hauling of grantire to leave city employees to d~ their usual work. Prickerr moved to accept proposed budget providing all but Item #1 (labor) to go to bid. Soderberg seconded and on roll call Soderberg, Roble, McCannon, Allen and Prickett voted YES. Conklin opposed, expressing concern that cost of granite was excessive. Acting Chairman Charles S. Lucas of the Ashland Community Hospital Board reported that bids had been received by two contractors - one from Mathis in the amount of $484,475 and one from Todd Construction for $468,115, and requested approval of the Todd Construction bid. Conklin moved for approval of request and to grant authority to award bid. On roll call, all YES. Oak Knoll Water Findings of Fact on Oredson Zone Change City Attorney Salter reported on the question of legality on the part of the city in selling water outside the city limits which had been brought up by the League of Women- Voters. Salter said that he had contacted Jim Mat, is of League of Oregon Cities who did not feel the city has the power to sell the water and he felt there was a substan- tial auestion,~t he didn't think the city has any liab~ ity at this time and that he could not predict what the courts might rule in the case should they be asked for an opinion. Otto Frohnmayer, Attorney, said monies had been spent for devilopment of 60 lots for sale and that 120 more lots have been planned.-Conklin moved for study session with City Attorney Salter & Frohnmayer. Alien seconded. Salter suggested that city should not connect any more water to property outside the city limits until the courts tell us whether or not it is legal. Prickeli said he could see no reason for study session and suggested that City Attorney and Frohnmayer meet and refer back to us with opinion and then get togezner to study problem. Conklin withdrew his motion, Allen his second. Soderberg moved that Staff be directed to prepare ballot title for special ~lection for clarification of provisions regarding sell~ p . . - econded · pposed to a special election of the liability of the City in the interim· Alien moved to amend the motion to call for a "hold harmless" agree- ment on any connects between now and an election. Motion was seconded by Prickeli. On roll call Soderbefg, Alien, Roble, McCannon and Prickeli voted YES. Conklin opposed. Otto Frohnmayer said he could see too many ramifications should the matter go to election and suggested a study session with Council, City Attorney and himself. Soder- berg withdrew her motion on election and McCannon agreed to withdraw his second. Roble moved thatwe have study session. Allen seconded. Study session set for June 27, 1974 at 7:30 p.m. On voice vote, passed unanimously. Harry Skerry, Attorney representing Oredson, applicant, presented Findings of Fact on Zone Change. On question from Prickett Oredson said that SB3S0 allows for open space on non-profit basis and it would be open to the public. McCannon moved to adopt findings, Allen seconded and the motion passed'unanimously on roll call vote. (Findings are attached for the record). Public Hearing Public be~riDg ]vaS opened with slides being shown by- Open Space - Fox ~ Main(N)Karl Mawson, Planner, of' the property located at Fox 8 J~hn Billings, App. N. Mai~ Streets. Mawson also submitted staff report which is attached. There were no opponents-in the aud- ience. Public hearing was closed and Prickett moved to accept the recommendation of the Planning Commission to approve. Allen seconded and the motion passed unanimousl~ on roll call vote. Public Hearing Public hearing was opened on application for open space Open Space designation on 1st 8 A Streets. Planning Commission had Willstatter, App. recommended denial in staff report (attached). Planner Mawson showed slides of property (Twin Plunges) and land surrounding the pools. Mayor Fries said the business on the property would get a tax advantage and the school tax would be limited. Roble asked Mrs. Willstatter, Applicant, whether she would consider applying for open space on property facing Pioneer to the front of the building. Mrs. Willstatter said that it is all one parce and that a survey would be required to split the lot. There wereno opponents in the audience and public hear- ing was closed. Roble moved to deny the request for open space but added that he would favor the application being resubmitted for alternative. McCannon seconded and motion to deny was passed unanimously on roll call Bike Path Construction Soderberg said that there are funds available for cons- truction of bike paths north of town and requested that committee be appointed to reconsider priorities to apply for State monies available next year. Mayor appointed Soderberg as Chairman and Conklin and Prickett to serve. Ashland Creek Greenway Soderberg reported that City had earmarked $3,000 for land appraisals and that County had agreed to match those funds and that in order not to lose the $3~000 ~hat we make a request now and on the November S, 1974 ballot we place the motel/hotel tax before the voters for the'pur- chase of greenway lands. PrickStasked if committee had looked into participation from private organizations as he was in opposition to the tax when it came up before and is still against the taxing method. Mayor Fries said he is opposed to allocation of any tax for special purposes. Soderberg k~id she was not asking the voters to approve of hotel/motel tax but was asking for approyal of funds derived from such tax to be expended for acquis- ition of greenway lands. Allen said that motel/hotel tax question had come up several times and was defeated on each ocassion. Prickett moved to not accept recommend ation of committee on hotel/motel tax. Conklin seconded and on roll call Allen, Roble, Conklin and Prickerr voted YES. McCannon and Soderberg voted against the motion. Soderberg moved that we ask County for the $3,000 they ., had promised and we will match during the next year. Allen seconded and motion passed on roll call with Prickett, Allen, Soderberg and Roble voting YES, Conklin and McCannon NO. Bridge Widening Director of Public Works Alsing said that the Federal Water filtration plant people had agreed to build the bridge to the chemical storage house but that the bridge would have to be widened by 4 feet so that semi trucks can negotiate turns '7 ~ ~ ~,~e~ an uested that we be allowed to do that at a cost Conklin moved that request be approved. Prickett seconded and motion passed uninimously on roll 5' ~'~ call vote. ' Regular Meeting Ashland City Council .6/18/74 Page 5 · "Railroad District" Jim Ragland, Chairman of the Planning Commission replaced Jessie Fitch who was ill, and asked that the area from C Street to the railroad tracks and from Oak to 6th Street to be known as the "Railroad District" be pro- tected by ordinance for its preservation. Prickerr moved for concurrence; Conklin seconded and motion passed unanimously on roll call. Rezone Ordinance Oredson, Applicant Annexation Ordinance 'Oredson, Applicant Ashland Municipal Code Section 14.08.030 Sewer Connects First reading was given by City Administrator Almquist of an ordinance amending Ordinance No. 1361 to fezone certain property from its zone designation as it existed when it was outside the city limits. McCannon moved to second reading; Soderberg seconded and Allen, Soderberg, McCannon and Prickerr voted YES. Conklin and Roble were momentarily absent· City Administrator Almquist gave first reading of an ordinance dispensing with an election within the city on proposed annexation and setting a time and place for public hearing on annexation and withdrawal from Talent Rural Fire Protection District. Prickerr moved to second reading; McCannon seconded and on roll call Soderberg, McCannon, Prickerr and Allen voted YES; Roble NO. Con- klin was temporarily absent. First reading of an ordinance amending Section 7 of Ordinance 1775 (14.08.030 of the Ashland Municipal Cod~ was given by City Administrator Almquist. Roble moved to second reading; Allen seconded and on roll call Allen, S~derberg, Roble, ~TcCannon and Conklin voted YES. Prickerr absent from the room. Terrace St. Improvement First reading of an ordinance relative to improvement of Terrace Street from Summit Street south was given by City Administrator Almquist. McCannon moved to second reading; seconded by prickerr and passed unanimously on roll call vote. Improvement Dist. Resolution - Central Area Beautification DreRon State Highway Hold Harmless Agreement Audit Contract E. G. Tischhauser #40 City Administrator Almquist gave second reading by title only of an ordinance authorizing the issuance of improve- ment bonds related to construction of curbs etc. in Street Improvement District No. 40. Soderberg moved for adoption; Prickett seconded and motion passed unanimously on roll call vote. City Administrator Almquist gave reading of Resolution accepting work on Central Area Beautification Project with assistance of Department of Housing and Urban Devel- opment under the terms of Title VII of the Housing Act of 1961. McCannon moved for adoption; Soderberg second~ and motion passed unanimously on roll call vote. Resolution authorizing the City Administrator to sign agreement with Oregon State Highway Division relative to hold harmless provision for traffic signal mainten- ance and repair was read. Roble moved for adoption; seconded by Prickerr and passed unanimously on roll call. Conklin moved to approve contract with Tischhauser for 1973-74 annual audit; Prickerr seconded and motion passed unanimously on roll call vote. Meeting adjourned to adjourned-meeting of Jun 25, 1974,. d ' · _ xe C. Fries er -- Mayor