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HomeMy WebLinkAbout1969-1216 REG MINMINUTES FOR REGULAR MEETING ASHLAND CITY COUNCIL DECEMBER 16, 1969 The regular meeting of the City Council was held in the English Lecture Hall, Ashland Senior High School, on the above date. The meeting was called to order by Mayor McKeen. Councilmen present: Bailer, Jones, Haines, O'Harra. Councilmen absent: Roberts, Willstatter APPROVAL OF MINUTES: It was moved by Haines, seconded by O'Harra that the minutes of the December 2, 1969, regular meeting and December 9, 1969, adjourned meeting be accepted and placed on file. Motion carried unanimously. DEPARTMENTAL REPORTS: It was moved by Haines, seconded by Jones that the departmental reports for the month of November be accepted and placed on file. Motion carried unanimously. STANDING COMMITTEE REPORTS: a. Finance & Property Committee - Chairman O'Harra presented two Committee recommendations for Council consideration: (1) Recommendation that the City enter into an agreement with Standard Oil Company for installation of electric hose reels at the Ashland Municipal Airport. Chairman O'Harra explained that this action would require an extension of the present contract. The cost involved would be approximately $800. Following brief discussion, it was moved by O'Harra, seconded by Haines that the recommendation be adopted. On roll call, carried unani- mously. (2) Recommendation that $5,000 allocated to the City by the State Board of Aeronautics be used for construction of tie-downs for the Ashland Municipal Airport. Following some discussion, it was moved by O'Harra, seconded by Bailer that the recommendation be adopted. On roll call, carried unanimously. b. Public Service Committee - No report c. Streets & Traffic Committee - Chairman Jones reported the Committee had met to discuss the Oak Court Subdivision matter; however, it was felt that more study is needed before a recommendation can be made. Council Minutes December 16, 1969 Page 2 SPECIAL COMMITTEE REPROTS: Chairman O'Harra reported that the Finance & Property Committee and the Special Sign Review Committee had completed review of the sign ordinance. He indicated copies of the proposed revisions will be distributed to Council for study shortly. Haines pointed out that the revised changes were recommended unanimously by the two committees. COMMUNICATIONS: 1. Planning Commission Minutes of December 8, 1969 - The Planning Commission recommended to City Council approval of Zone Change NO. 022, Marion Krehs and Robert Turner, Siskiyou Boulevard. The request involved changing the zoning on land desired for con- struction of a shopping center from R-3. Residential to C-1 Com- mercial. It was moved by O'Harra, seconded by Bailer that the Planning Commission Minutes of December 8, 1969, be placed on file. On roll call, carried unanimously. It was moved by Haines, seconded by O'Harra that a public hearing be set on Zone Change No. 022 for January 6, 1970, at 9:00 p.m. On roll call, carried unanimously. 2. Development Commission Minutes of October 31~ 1969 - It was moved by Haines, seconded by O'Harra that the Development CoBmission Minutes of October 31, 1969, be placed on file. Motion carried unanimously. At this time City Administrator Boshears reported that the City had received the first disbursement of federal funds for the Shakespeare Expansion Project and is now b~ck on a cash basis. He indicated that, if there are no objections, all normal bills will be paid from the project account as they arise. It was reported that staff is currently preparing another cash flow chart which will be presented to Council in the near future. 3. Letter from Oak Knoll Corporation requesting changes in annual greens fee - It was moved by Haines, seconded by Bailer that the letter be referred to the Public Service Committee for study. On roll call, carried unanimously. 4. Letter from Southern Oregon College requesting that the City proceed with the Mountain Avenue street modifications - City Administrator Boshears read letter from Donald Lewis, Dean of Administration, SOC, stating that the college is preparing to proceed with implementing the reconstruction of Mountain Avenue. Mr. Lewis requested that the City staff meet wi~h college officials to discuss~design plans and methods of implementing the recon- struction. City Administrator Boshears pointed out two alternate Council Minutes December 16, 1969 Page 3 courses of action: (1) The City prepare plans and specifications; completely supervise the project; (2) Ask SOC to proceed with their own engineering and have the City review the plans. Following some discussion, the matter was referred to the Streets & Traffic Committee for study. SPECIAL AGENDA ITEMS: Unfinished Business: 1. 8:00 P.M. PUBLIC HEARING: Appeal of Planning Commission's decisionof November 10, 1969, regarding Variance No. 085 City Administrator Boshears reviewed the appeal from Mr. Robert W. Travis, 683 Forest St'reet, against the granting of a variance on a side yard setback applied for by Norman E. Christlieb, 581 Morton Street. Mr. Robert Travis presented several pictures showing the view of the structure in question from his living room window. He expressed concern that citizens do not have adequate protection under City ordinances. Mr. Christlieb pointed out that this structure would help beautify his back yard, in addition to giving him extra storage space and improving the safety of his yard. He pointed out that the structure is currently two- thirds completed. Following some discussion, it was moved by O'Harra, seconded by Bailer that the City Council uphold the Planning Conur~ission's decision of November 10, 1969, in granting the Zone Variance--that the appeal to Zone Variance No. 085 be dehied. Mr. Travis pointed out that under City ordinance, the Planning Commission must submit a written statement giving the reasons for their decision whenever an appeal is filed. Dr. Etliott MacCracken, Planning Commissioner, indicated no formal statement had been submitted from the Planning Commission. City Attorney Skerry suggested that the matter be continued pending receipt of a written report from the Planning Commission on the matter. At this time, Bailer withdrew his second to O'Harra motion and O'Harra withdrew his motion to uphold the Planning Commission's decision. It was moved by Haines, seconded by Bailer that the public hearing be continued to January 6, 1970, at 9:30 p.m. On roll call, carried unanimously. 5. Letter from Library Board requesting passage of a resolution - City Administrator Boshears read letter from Library Board asking the Council to pass a resolution recommending that the County Court consider the feasibility of taking over the administration of the Ashland Public Library. Following brief discussion, it was moved by Haines, seconded by O'Harra that the rules b~ suspended and resolution passed to second reading by title only and that the resolution ~be sent directly to Jackson County Court. Jones Council Minutes December 16, 1969 Page 4 expressed concern that passage of the resolution would imply that Council was totally in favor of the County taking over administration of the Ashland Public Library. It was pointed out that the resolution merely provides for study of the feasi- bility of the action. Mr. Harold Cloer, Chairman, Library Board, indicated that the Board is asking for permission to officially bring the matter to the stage of study by the County Court and the City of Ashland. He pointed out that the Library is'currently contracting for much of its administrative work with the County Library. On roll call on motion to pass resol- ution to second reading by title only, carried 3-1, with Jones dissenting. Following second reading by title only, it was moved by Haines, seconded by O'Harra that the resolution be adopted. On roll call, carried 3-1, with Jones dissenting. At this time City Administrator Boshears announced that the City of Ashland has been awarded a Pedestrain S~fety Citation for 1969. It was reported that Ashland received the citation for going through this past year without a pedestrain fatality. The award also reflects the City's activity in behalf of pedestrain accident prevention and a low pedestrian accident injury rate. The award had been previously presented to the Police Department by Gerald Darby, Medford, representative of the Oregon State Motor Association, Oregon sponsor of the national AAA contest. At this time, Coucil recessed for five minutes prior to the 8:45 public hearing. 2. 8:45 P.M. PUBLIC HEARING: Appeal of Planning Commission's decision of November 10, 1969, regarding conditional use permit for Atlantic Richfield - City Administrator Boshears reviewed the application for conditional use permit filed by Sibarco Stations, Inc., Atlantic Richfield Company. He then read the appeal filed by Mrs. Rose T. Robinett to the Planning Commission's decision to approve the subject conditional use permit for operation of a service station at the intersection of Siskiyou Boulevard and Beach Street. Mr. Boshears reported that written reports had been received from both minority and majority viewpoints of the Planning Commission--both groups are represented at the meeting. At this time, Attorney John Flynn, representing Mrs. R6se T. Robinett, presented detailed explanations of each of the seven grounds of protest included in Mrs. Robinett's appeal. (A copy of the appeal is on file in the City Administrator's office.) Following Mr. Flynn's presentation, Mr. Donal P. Rounds, 1064 Ashland Street, presented a report dated December 16, 1969, requesting denial of the conditional use permit. He pointed out that there is evidence that Lincoln School will'have to expand to meet its needs and obligations; therefore, substantial land use change in the subject area is towards R-3 usage and not towards C-1. He further pointed out that the Boulevard's south Council Minutes December 16, 1969 Page 5 sidewalk provides a continuous pedestrain way from the college to the central business district. An intensively car oriented busi- ness such as a gas station would seriously interrupt such a pedestrain way. Mrs. Maril~n Kochs presented a letter from Mr. Richard A. Mattos, President, Lincoln School P.T.A., indicating that the Board of Directors has voted against supporting the proposed Richfield Station. Mr. D. ~ Ruger, 285 Beach Street brought to Council's attention two petitions that were given to the Planning Commission requesting that the application for a service station be denied. One petition included 250 signatures; the other included signatures by 7 land holders having property within 200 feet of the proposed station. Mr. Ruger reviewed several objections people gave when they signed the petitions. Mrs. Lois Wright expressed concern for the small children who would becrossing the street across from the school and the proposed service station. At this time, Mr. James M. Ragland, 91 Gresham Street, presented a report on behalf of the minority votes of the Planning Commission regarding granting of the conditional use permit. In his report, dated December 12, 1969, Mr. Ragland gave a detailed explanation of why approval of the conditional use permit would be detrimental to the surrounding neighborhood and the general welfare of the City of Ashland. It was pointed out in his report that construction of the service station would be in direct conflict with the Comprehensive Plan. It was further indicated that, upon approval of the conditional use permit, a precedent would be set and the Planning Commission would be obligated to grant any commercial conditional use on the Boulevard in the future. At this time, Dr. Elliott MacCracken, 645 Glenwood Drive, presented a report on behalf of the majority votes of the Planning Commission. In Dr. MacCracken's report, dated December 9, 1969, he recommends approval of the conditional use permit subject to a satisfactory set of conditions in the sense of "conditional" use. He gave a detailed enumeration of these conditions and recommended that they be presented to the Planning Commission for/ approval. Mr. Lawrence Eastman, Atlantic Richfield, 1208 SW 13th Avenue, Portland, presented several snapshots showing various Atlantic Richfield stations situated on corners similar to that of Beach and Siskiyou Boulevard. He pointed out several safety factors and beautifying effects the proposed station would have and indicated that Atlantic Richfield has agreed to the conditions suggested by the Planning Commission. Council Minutes December 16, 1969 Page 6 At this time, Mr. Sam Davis spoke on behalf of Mr. and Mrs. Everett McGee, 6wners of the property at the corner of Beach and Siskiyou Boulevard. Mr. Davis pointed out that the McGee's have owned the subject property for many years and would, therefore, like to be able to utilize the property in the manner they choose. He pointed out that the McGee's believe that construction of the station would actually contribute toward the betterment of the particular area. Mr. Davis presented a group of snapshots showing certain areas of Siskiyou Boulevard which are rundown. He pointed out that the Comprehensive Plan must have some flexibility and reviewed several instances where the plan had been changed. He strongly emphasized that construction of the proposed station would be an asset to that particular area. Considerable discussion followed. Mrs. Cynthia Lord presented a letter from Mr. Don Wolff, 105 N. Main Street, requesting that the Council review a petition presented to the Planning Commission signed by 22 persons asking for denial of the conditional use permit. The letter further requested consideration of two studies involving comments of service station owners regarding the matter. Following more discussion, it was moved by O'Harra, seconded by Bailer that a study session be set as soon as possible for study of the material presented at this meeting. On roll call, carried 3-1, with Haines dissenting. It was Council's feeling that a decision on the matter can be made without another public hearing. Ordinances, Resolutions & Contracts: 1. Ordinance establishing Paving Assessment District #35 - Item deferred until January 6, 1970. City Attorney Skerry read a modification of a lease made and entered into the 16th day of December, 1969, by and between the City of Ashland, lessor, and the Public Recreation Commission, lessee, regarding the Lithia Springs property. He then read a resolution authorizing the execution of the modification of the lease between the City of Ashland ~hd the Ashland Park and Recreation Commission appertaining to the Lithia Springs property. It was moved by O'Harra, seconded by Bailer that the ~esoiution be adopted. On roll call, carried unanimously. City Attorney Skerry read a sub-lease made and entered into in duplicate on December 16, 1969, by and between the Public Recreation Commission as lessor and the Ashland Gun Club, Inc., a non-profit corporation as lessee. It was moved by O'Harra, seconded by Bailer that the subilease be approved. On rol~ call, carried 3-1, with Haines dissenting. There being no further business, to the call of the Mayor. 1cr the meeting was adjourned subject City Recorder