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HomeMy WebLinkAbout1970-1201 REG MINMINUTES FOR REGULAR MEETING ASHLAND CITY COUNCIL DECEMBER 1, 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. Councilmen present: Dodge, Jones, Roberrs, Roble, Willstatter. Councilmen absent: Bailer APPROVAL OF MINUTES: It was moved by Willstatter, seconded by Jones that the minutes of the November 17, 1970, regular meeting be accepted and placed on file. Motion carried unanimously. DEPARTMENTAL REPORTS: None At this time, City Administrator Almquist read resolution setting December 10-13 as "Guanajuato Amigo Days" in Ashland. It was moved by Willstatter, seconded by Dodge that the rules be suspended and resoll~tion passed to second reading by title only. On roll call, carried unanimously. Following second reading by title only, it was moved by Roble, seconded by Dodge that the resolution be adopted. On roll call, carried unanimously. At this time, Mayor McKeen presented a copy of the resolution to Marvin Kocks, representative of the sister city committee, Following expression of appreciation from Mr. Kocks~ he outlined upcoming events for the Amigo Days and requested Council participation in many of the scheduled activities. He indicated that a schedule of events would be available to Council very soon. STANDING COMMITTEE REPORTS: a. Finance & Property Committee No Report b. Public Service Committee Chairman Roble indicated that it was the committee's recommendation that a public hearing be scheduled regarding the open burning prohibition matter for February 2, 1970, at 8 p.m. Roble moved that the necessary require- ments for fulfilling this recommendation be accomplished by City staff. Motion seconded by Roberts. On roll call, carried unanimously. b. Streets & Traffic Committee - Chairman Willstatter reported that two resolutions regarding alley vacation would be presented later in meeting. SPECIAL COmmITTEE REPORTS: None Council Minutes -2- December 1, 1970 COMMUNICATIONS: 1. Letter from Ashland Park Commission relative to use of Lithia Springs Recreation Area by Ashland Lancers Motorcycle Club - City Administrator Almquist read communication dated November 2S, 1970, from Mr. Robert Reinholdt, Chairman, Park Commission concerning the Park Commission's desire to present a recommendation to Council at the first meeting in January. Reference was also made to minutes of the Park Commission dated November ].8, 1970. Following brief discussion, Roble requested that all items of correspondence received on the matter be read at this time by the City Administrator. Item deferred until after 8:00 p.m. and 8:1S p.m. public hearings. SPECIAL AGENDA ITEMS: Unfinished Business: 1. 8:00 P.M. PUBLIC HEARING: Appeal from a decision of the Planning Commission granting a conditional use permit for a home occupation to Reverend James M. Sinclair, 766 Sylvia (continued from meeting of October 6, 1970) - Following reading of appropriate section of September 14, 1970, Planning Commission minutes, City Administrator Almquist read correspondence from Mr. Don Dedrick, Sr., protesting granting of the variance. At this time, Reverend James Sinclair addressed the Council, indicating that much of his part-time printing is for customers outside of Ashland--and the majority is outside the state. He pointed out that he has referred several inquiries regarding printing jobs to the down- town printers, since he does not have the time to devote to printing for local accounts. tte emphasized that he is merely supplementing his income and not trying to make a living from it. Mr. Dod Dedrick, Sr., presented some background information on Reverend Sinclair's business. He pointed out that Reverend Sinclair should have to abide by the same requirements that he does as a printer, since he is in competition with the downtown printers to a certain extent. Mr. Dale Newton indicated that he is retired and hoped to do some printing in his home; however, he was informed by the building inspector that he would have to locate in a C-3 zone. He was unable to find suitable quarters and will, therefore, have to move from Ashland in order to operate his printing press. Considerable discussion followed. There was some discussion regarding provisions connected with a business license. It was pointed out that Reverend Sinclair did obtain a business license for $12.S0. Councilmen Dodge, Jones and Willstatter felt the Zoning Ordinance should be adhered to and felt a precedent would be set for allowing various home occupations if the conditional use were granted. Council- men Roberts and Roble felt there should be some flexibility in the Zoning Ordinance and each case should be judged on its individual merits. Council ~{inutes -3- December 1, 1970 Following more discussion, it was moved by Roberts, seconded by Roble that Council uphold the decision of the Planning Commission and deny the appeal. On roll call, defeated 3-2, with Roberrs and Roble voting in the affirmative and Dodge, Jones and Willstatter dissenting. 2. 8:15 P.M. PUBLIC HEARING: Zone Change No. 024 - Request for a change of zone from Rol to R-3 by William Harndon, 225 Siskiyou Boulevard, on property situated on the south side of Clay Street, east of Siskiyou Boulevard City Administrator Almquist read appropriate section of Planning Commission minutes, in which the Planning Commission recommended to Council that Zone Change No. 024 be approved. Following brief discussion, during which Mr. Harndon requested favorable action on the zone change, it was moved by Willstatter, seconded by Dodge to uphold the decision of the Planning Commission and approve Zone Change No. 024. On roll call, carried unanimously. 3. Bid results on HUD Lithia Park Extension Project and recommendation from the Ashland Development Commission - City Administrator Almquist presented a copy of the bid opening minutes of November 24, 1970, and a tabulation of the bids received. He reported that the apparent low bid from Jim Foster Construction in the amount of $165,038 was 58 percent over the project estimate and the second bid received from M. C. Lininger & Sons in the amount of $175,600 was 67 percent over project estimate. The Ashland Development Commission recommended that both bids be refused and the City Administrator instructed to reconstitute the project into several small subcontracts with the City acting as p~oject coordinator---this can be done within the $105,000 budget. It was moved by Willstatter, seconded by Roble that the recommendation be accepted. On roll call, carried unanimously. City Administrator Almquist pointed out that he had received verbal approval from HUD regarding the matter. Mr. Richard Soderberg asked who on the City staff was going to coordinate the work on the project. City Administrator Almquist replied that the entire scope of the project has not been finalized; this determination will be made at an upcoming meeting with the architect. He pointed out that it may involve hiring a project foreman. fO~__UNICATIONS: (continued) City Administrator Almquist read letter from Ashland Lancers, Inc., dated November 19, 1970, which explained the purpose and functions of the motorcycle club. He also read letter dated August 24, 1970, from several property owners in the Lithia Springs area protesting the motorcycle racing. Some discussion followed. Mr. Almquist then read a memorandum dated June 15, 1970, from City Attorney Scannell regarding the proposed lease between the Park Commission and the Lancers. Considerable discussion followed regarding the Commission's authority to enter into a lease with the Lancers° City Attorney Scannell indicated that the lease was never executed; ~herefore, the motorcycle club had been operating without a valid lease. Council Minutes ~4- December 1, 1970 Mr. Williamson, representative of the Lancers, indicated that a sub-lease had been drawn up and the Lancers had met all the require- ments contained in the sub-lease. He questioned the fact that no protests were voiced until after the improvements had been made to the track. Mr. Balog pointed out that he considered the first six months of motorcycle racing a trial period. However, the noise became such a nuisance that something had to be done. Mr. Balog then suggested the following two alternatives: (1) lease the land to so~ne non- noise producing activity; (2) sell the land, retaining the rights to the Lithia Springs wells. Mr. Balog then read an article concerning noise pollution and the harmful effects it produces on the human body. Mr. Jean Eberhart pointed out that there was no urgency in the matter since the motorcycle racing had ceased; he indicated that a proposed solution will be presented soon. It was ~oved by Willstatter, seconded by Dodge that the proposed lease and sub-lease be completely rejected~ l~ith-ttL. ij®~ tL~C ~ =~mp~r~,~ ,,~:~.~ ~ ....... ~-..] .... : ..... ~ ..... ~ ...... ~.~ ...... ~. Following some discussion, on roll call, carried unanimously. 2. Referral of liquor license renewal by Oregon Liquor Control Commission for Oak Tree, 2365 Highway 66 - City Administrator Almquist indicated that the request had received Police Department approval. It was moved by Willstatter, seconded by Roberrs that the renewal be granted. On roll call, carried unanimously. New & Miscellaneous Business: 1. City Administrator Almquist read letter dated November 30, 1970, from the Ashland Chamber of Commerce requesting permission to hold a teen dance at the Ashland Armory on December 11, 1970, at 8:30 p.m. The dance will be sponsored by the Ashland Jaycees and will be a fund raising function. The letter also requested that the bond and license be waivered. It was moved by Roble, seconded by Roberts that the request be granted. On roll call, carried unanimously. Ordinances, Resolutions & Contracts: 1o City Administrator Almquist read ordinance authorizing the issuance of warrants to provide interim financing on Phase II of the 0SFA/EDA Project - It was moved by W~llstatter, seconded by Roble that the ordinance be passed to second reading on December 3, 1970, at S p.m. Considerable discussion followed regarding the constitution- ality of the warrant system. City Attorney Scannell pointed out that he thought the warrant system was unconstitutional under the constitution 'of Oregon, Article X, Section 9. Mr. Almquist indicated that a differing opinion had been received from the former City Attorney and EDA has given approval to this practice. ~Mr. ~Villiam Briggs pointed out that as long as the City owns the property, the City is actually party. to the contract, not the OSFA.)~ .~.~5~j Council ~inutes -5- December 1, 1970 Mr. Richard Soderberg expressed concern that EDA would withhold funds if a negative opinion were given by the City Attorney regarding the use of warrants. Mr. Almquist replied that EDA had already given approval for the warrant system and the City will not have to go back to EDA each time it wishes to utilize warrants. On roll call, carried 4-1, with Jones dissenting. 2. City Administrator Almquist read ordinance amending Ordinance No. 1373, approving a rate increase and extending franchise granted to Ashland Sanitary Service Company It was moved by Willstatter, seconded by Roble that the ordinance be passed to second reading at the next regular Council meeting. On roll call, carried unanimously. 3. City Administrator Almquist read resolution relative to Council policy on the repayment of Cemetery Trust Fund - Following some discussion, Jones felt that the resolution should be amended to include the payment of 6 percent interest per annum on the sum to be repayed. It was moved by Roble, seconded by Dodge that the rules be suspended and resolution, as amended, be passed to second reading by title only. On roll call, carried unanimously. Following second reading by title only, it was moved by Roble, seconded by Willstatter that the resolution, as amended, be adopted. On roll call, carried unanimously. 5. City Administrator Almquist read resolution relative to Council policy on alley vacation deposit - Willstatter, Chairman of the Streets & Traffic Committee, indicated his committee felt the benefiting property owner should pay for the costs involved in processing the vacation request (resolution provides for payment of $75 per petition). Following some discussion, it was moved by Roble, seconded by Jones that 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 Roble, seconded by Dodge that the resolution be adopted. On roll call, carried unanimously. 6. City Administrator Almquist read resolution setting hearing for January 18, 1971, at 8 P.M., for alley and street vacation located between Elm and Prospect in the vicinity of Leonard Street and Palmer Road. It was moved by Willstatter, seconded by Dodge that 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 Roble, seconded by Jones that the resolution be adopted. On roll call, carried unanimously. There being no further business, the meeting ~as adjourned to December 3, 1970, at 5 p.m. in the City Hall Council Chambers. Recorder lcr