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HomeMy WebLinkAbout1970-1006 REG MINMINUTES FOR REGULAR MEETING ASHLAND CITY COUNCIL OCTOBER 6, 1970 The regular meeting of the City Council was held in the City Council Chambers, City Hall, on the above date. The meeting was called to order by Mayor McKeen. All Councilmen were present. APPROVAL OF MINUTES: Minutes of September 15, 1970, regular meeting Councilman Willstatter made the following correction to the minutes: page 2, last paragraph, roll call vote 3-2 rather' than 4-2 as printed. He pointed out that only five Council members were present at the September 15, 1970, meeting. It was moved by Bailer, seconded by Willstatter that the minutes of the September 15, 1970, regular meeting be accepted as amended and placed on file. Motion carried unanimous!y. DEPARTMENTAL REPOR]S: None STANDING COMMITTEE REPORTS: a. Finance & Property Committee - No Report b. Public Service Committee - No Repor~ c. Streets & Traffic Commitlee No Report SPECIAL COMMITTEE REPORTS: a. City Administrator's Report on Development and Acquisition Program - City Adm nistrator Almquist reported that the City has ~equested $238,000 as a progress payment on Phase I of the OSFA Project. He ndicated that the City expected $200,000 from EDA; however, EDA deduced iO%onall items, in addition to d~saliowing certain items. He reported that iff appears tha~ the second payment, of approximately $141,000, will be received later this week. Re indicated that the proceeds from the second progress payment on Phase I will retire warrants in the amount of $35,000, used as interim financing. The balance will be used to satisfy our obligation to Morrow of $129,000+, plus 10% with- holding. The balance of funds to satisfy Morrow will come from the HUD account. Mr. Almqu;st reported tha~ all contract documents have been receivBd from Eas~ Conslruction Company on Phase II. He indicated that ~he contract documents will be transmitted fro EDA this week. A pre-construction conference will be scheduled for the middle of next week. In regard to the FIUD Project, Mr. A'lmquist reported that the City has completed transactions regarding the settlement of the Council Minutes -2- October 6; Ig70 Stiles and Driggs property and has received paymen~ from OSFA. He indicated that the Ci'ty can make quarterly progress payments based on the completion stages during the phases of construction. He listed the expenditures to date as $85,000. He pointed out that this is just over the 25% mark and will qualify Ashland for $45,000 in matching funds and will provide the City with working capital for landscaping and construction on the HUD Project. Mr. Almquist reported that the City has begun construction of protective walkways on Main Street at the demolition site. Demolition will commence this Thursday morning. It is expected that the demolition will take two to three weeks to complete. It wil! take another week to complete plans following the demolition. The City will be in a position to call for- bids at the second Council meeting in November, ~vith the award to be made on December I, which is within the December 6 deadline. COMMUNICATIONS: I. Letter from The Artisan Press, 107 Oak S~reet, appealing the decision of the Planning Commission granting a Conditional Use Permit for a home occupation to Reverend James M. Sinclair, 766 Sylvia Following reading of the letter', City Adminisffrator Almquist recommended that the matter be deferred until December I regular meeting~ since Reverend Sinclair will be out of town unti that time. He also recommended that a reoslut[on be presented at the next regular meeting selling a public hearing for December I, 1970, aft' 8 p.m. It was moved by Bailer, seconded by Dodge that the City Administrator's recommendations be accepted. On roll call, carried unanimously. 2. Letter from Mr. John E. Connors requesting a loading zone curb designation at 25 East Main Street - City Administrator Almquist read the letter and recommended that it be referred to the Streets & Traffic Committee for study and report. The Mayor referred the matter to the Streets & Traffic Committee, in accordance with the recommendation. 3. Letter from Christian P. Hald, M.D., requesling yellow curb adjacent to driveway on the east side of Roca Street - City Administrator Almquist read the letter and recommended referral fro the Streets & Traffic Committee. The Mayor referred the matter to the Streets & Traffic Committee, in accordance with the recommendation. Mr. Almquist presented a petition dated October 5, 1970, from several residents in the Ashland Street/South Mourltain Avenue area ruquesting yellow curbing on the east side of Mountain Avenue. The Mayor referred the petition to the Streets & Traffic Committee for study and report. Council Minute~ ~3- October 6, 1970 4. Communication from Ashland Sign Review Board requesting clarification of S~gn Ordinance No. 1657 relative to application procedure - City Admlnis~ra~or Aimquiet read the communication from Mr. James Ragland. Mr. Ragland pointed out to Council that it was originally the recommendalion of the Building Inspection Superintendent 1hat sections d and e be deleted from page 4. Considerable discussion follo~/e~. Mr. James Conklin, member of Mayor's ad hoc committee for sign ordinance rev:aw, indicated that it was the committee's intentiom fhaf sections d and e be deleted. Following mere discusslon~ it was moved by Bailer, seconded by Dodge that the Sign Ordinance be amended, deleting sections d and e from page 4. On roll call, carried uaanimously. 5. Planning Commission Minutes of August I0, Ig70 It was moved by Willstatter, seconded by Jones that the Plan,!ing Commission minutes of August I0, 1970, be accepted and placed on file. Motion carried unanimously. 6. City Administrator Aimquiet presented a petition dated October 5, 1970, from the Ashland Sanitary Service, Co., requesting autl~ority Io raise monthly rates and permission fo extend its franchise ~or a period of ten years fnom March 31, !975. Mr. Almquist recommended that 1he ma~ter be referred to the Public Service Committee for analysis and repor'! bacl~ to the Council. The Mayor referred fhe matter to the Public Service Committee in accordance with ~he recommendation. SPECIAL AGENDA ITEMS: New & Miscellaneous Business: I. Request to call for bids---225 KVA padmount transformer for SOC Music Building - City Administrator Aimquiet requested authority to proceed with calling for bids for the subject transformer. He pointed out that fhe City will eventually be reimbursed for the expense by fhe coliege. It was moved by Wills-latler, seconJed by Jones that authori'ry be given to call for bids for the transformer as requested. On roll call, carried unanimously. Unfinished Business: I. 8:00 P.M. PUBL!C I~EARING: Continuation of pub ~c bearing of a~'~'i'~'F~"~]'~n ~Tv"Fe~"~oard decision denying sign permit for .Jim Busch Ford - City Admlnistralor Al'mquis'~ read a report dared September 25, 1970, from ~he Sign Review Board, indicaling the reasons for denial of Mr. Ji,~i Busch'~ request tc erect a nafir, nal Ford Sales sign (72 square feet). Considerable discussion CounciI Minutes -4- October 6, 1970 followed. Mr. Jim C. Busch pointed out he cannot obtain a national sign which would meet the specifications contained in the preserlt sign ordinance. Roble indicated that he fell some recognition should be given to the fact thai nat!onal signs have certain regulations for their signs also; and, perhaps the City should judge each national sign on an individual basis. Bailer pcinted out that ~he present sign ordinance does provide for a I0 percent variance. Mr. Jim Ragland pointed out that the Sign Review Board originally recommended a variance for national signs; but, a specific percentage limitation was not recommended. However, the Mayor's ad hoc committee later felt tha-f the I0 percent variance would be satisfactory. Following more discussion, it was moved by Willslatter, seconded by Dodge that the Council uphold the Sign Review Board's findings that the proposed na-lional sign is in violation of the sign ordinance. After further discussion, on roll call, carried unanimously. 2. 8:15 P.M. FIUBLIC HEARING: Continuation of public hearing of appeal from Planning Commission decision denying Zone Variance No. 109, Mr. Karl Windbigler, 1470 Peachy Road. (Continued from the meet!ng of September 15, 1970.) City Administrator Almquist presented background material on the matter, indicating 1hat Mr. V!indbigler began excavation on the subject lots over a year ago; however, at the City's request, ceased excavstion pending recommendations from a construction engineer. Mr. Almquist reported that Mr. Windbigler is now in the process of completing ~he recornmended work and is appealing the decision of the Planning Cornmission concerning a variance for a frontyard setback. Some discussion followed. Mrs. Frank McGraw expressed concern for 1he safety of residents and motorists in the area of the excavation, indicating that winter rains would cause mud slides, etc. She also asked the City Attorney who would be liable in the event injury occurred to the residents or their property in the excavation area (Timberline ]errace). City Attorney Scannell replied that he doubted that the Ci'ty would be liable in such an instance. Mrs. Georgia McParland, 1455 Pinecrest, pointed out that the excavalion has created a dangerous situation for school children, as well as creating ~ terrible dust problem ~or the surrour, ding residenls. Mr. Z. D. Perry, 1021 Hiawa-iha, indicaled ~hat he had no objection ~o ~lr. Windbigler.ls excavation and proposed construction. Mr. Michael Benke, 225 Vista, expressed the necessity of Mr. Windbigler's complying '~ith three conditions which would qu61ify him for a variedrice. When asked what type of house would be builf on the subject lois, Mr. Windbigler replied that be had two designs in mind for the houses. He indicated tha~ he planned to build six houses, Council Minutes -5- October 6, 970 regardless of whether or not a variance is allowed. Mrs. Sarah Bunnell, 1465 Pinecrest, asked why the Council not grant a variance for Jim Busch Ford Sales, bu-I would consider granting a variance for Mr. Windbigler. would Mr. McVey, 236 East Main Street, asked that Mr. Windbigler consider the possibility of constructing five houses on the six lots, rather than six houses, Following considerable discussion, it was moved by Bailer, seconded by Dodge to reverse theadion of the Planning Commission and approve the variance. On roll call, 3-3, with Roble, Jones and Roberts dissenting. The motion was defeated 4-3, with Mayor McKeen dissenting. New & Miscellaneous Business: (continued) 2. Request for Council authorization to initiate demolition proceedings on the buildings at 70-80 North Main Street - City Administrator Almquist reported to Council thai in March, 1970, the property owners of 70 80 North Main Stree~ were given notice of unsafe con- ditions on the premises. He indicated a letter was received from the property owners indicating the building would be demolished. On September 18, IS70, the building was posted as being unsafe by the City. On September 25, tile building was ordered secured Mr. Almquist then reviewed his recommended course of action (listed in I?t-ler of September 29, 1970, to Mr. Walt Young). Mr. Almquist then read a resolution concerning unsafe buildings located at 70, 72, 74, 76 and 80 North Main Street, in the City of Ashland, Oregon, Tax Lot No. 9600. Mr. Walt Young indicaf'ed that he intended to demolish the subject building at 70-76 North Main Street as promptly as he can fund 1he project. However, he feels that there may be possibility of remodeling the building at 80 North Main Street. If he finds that 1he remodeling cannot be accomplished, he will demolish the building as soon as possible. Mr'. Young felt that 60 days would not be sufficient time for him to make preparation for and demolish.the building. He requested that Council grant 6n extension in time, if ~ound necessary, for him ~o complete the demolition process. Considerable discussion followed. It was moved by Roberts, seconded by Roble that the rules be suspended and resolution passed to second reading by title only, with the insertion of 60 days on page 2 and 30 days from the date of completion of the demolition of buildings at 70-76 North Main Street. More discussion followed. Roberrs amended his motion to include 90 days for completion of all the demolition work for the Counc I Minutes ~6- October 6, 1970 build ngs at 70-80 North Main Stree'l. On roll Call, carried unanimously. Following second reading by title only, it was moved by Willstatter-, seconded by Bailer that the resolution be adopted. On roll call, carried unanimously. 3. Request for authorization to expend funds from the Operating Contingency Fund for costs of TOPICS study authorized by Resolution No. 70-53 City Administrator AImquist reported that, at the last regular meeting of Council, the expenditure of $800 was authorized for completion of a TOPICS Study. Mr. Almquist ~hen read a resolution authorizing the expenditure of a portion of the Operating Contingency Fund of 1he General Fund. It was moved by Bailer, seconded by Wills~atter ~hat +he rules be suspended and resolution passed to second reading by title only. On roll call, carried unanimously. Following second reading by title only, it was moved by Willstatter, seconded by Roble that the resolulion be adopted. On roll call, carried unanimously. 4. Report on property acc]uisition for Lithia Park Extension Project City Administrator Almquist reported that over the past several weeks the City has been in the process of making certain acquisitions of properly in connection with the DHUD Project. (I) Fred Kuest property It was moved by Bailer, seconded by Roberts that the Kuest property be acquired for $3,500. On roll call, carried unanimously. (2) Perines proper~y - It was moved by Willstatter, seconded by Dodge that the City Administrator be authorized to purchase the Perrines property for $650 and exercise the purchase option. On roll call, carried unanimously. (3) Masonic Lodge properly Pendiag (4) Swedenburg property It was moved by Roble, seconded by Dodge that the City Administ!a~or be authorized to proceed with property transfer (Winburn Way proper'ty) and acquire the Swedenburg property at fair market value. On roll call, carried unanimously. (5) Kelsy Smith property - Item continued to'October 20, 1970, in order to obtail~ necessary appraisals. Mr. Almquist reported that the Log Cabin Bar proper~y will be discussed on October 20, 1970. 5. Bid resulls on four patrol cars Item deferred until October 20, 1970, pending analysis of bids received. Ordinances, Resolutions & Contracts: I. Resolution accepting Perimeter Road Plan for Southern Oregon College City Adminislrafior A!mquist read resolution accepting the Perimeter Road development of the College and recognlz~ng the need for continued cooperation between Cily and College in the growlh of the community - It was moved hy Bailer, seconded by Wills~alter that the rules be suspended and resolution passed to second reading by title only. AI this time, Council reviewed a map of the subject area. It was no~ed that neither Don Lewis nor Dr. Sours were present at the meeting to confer with Council on the malter. Dr. Esby McGill was prosen1' at the meeting and Council Minutes -7- October 6, 1970 indicated tha~ he was not representing the college on this matter; bowever, he was aware of the urgency of Council action on ~he matter. On roll call, carried unanimously. Following second'reading by title only, it was moved by Bailer, seconded by Willsta~ter that the resolution be adopted. On roll call, carried unanimously. 2. Resolution approving map designating a proposed federal aid primary type II system for the Ashland Urban Area under the TOPICS Program - Following reading of the resolution be the City Administrator, it was moved by Bailer, seconded by Willstatter that flhe rules be suspended and resoluffion passed to second reading by title only. On roll call~ carried unanimously. Following second reading by title only, it was moved by Bailer, seconded by Roble that the resolution be adopted. On rol call, carried unanimously. 3. Acceptance of offer of gift aSreement for beautificat on of Plaza island area City Administrator Almquist read Offer of Gift from Richard Reynen Proposed gift for beadt~fication of Plaza island area. l~ was moved by Bailer, seconded by Jones tba~ tile Mayor- and City Recorder be authorized to stgn the agreement for Plaza developmen't'. On roll call, carried unanimously. It was moved by Willsflatter, seconded by Bailer that staff be directed to draw up a resolution of appreciation to Mr. Reynen. Motion carried unalLimously. 4. City Administrator- Almquist read resolution settling public hearing date of October 20, ~970, at 8 P.M., for improvement of Randy Street. Mr. Almquis~ indicated a petition had been received reflecting 56.9 percen~ of the property owners were in favor of the improvaments. It was moved by Willstatter, seconded by Bailer flha-r the rules be suspended and resolution passed to second reading by title only. On roll call, carried unanimously. Following second reading by title only, it was moved by Willstaltar, seconded by Dodge that the resolution be adopted. On roll call, carried unanimously. There being no further business, the meeting was adjourned subject to the call of the Mayor. City Recorder ICF