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HomeMy WebLinkAbout1979-0605 REG MIN .\ . / ~ ./ ,. < . ROLL CALL APPROVAL OF MINUTES PUBLIC HEARINGS Manfred Schulze Motel - MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL June 5, 1979 Having led the Pledge of Allegiance, Council Chairman Ragland called the meeting to order at 7:30 P.M. on the above date in the Council Chambers. All members were present with the exception of the Mayor. Medaris asked for correction on page 3 (typographical) of the minutes of the regular meeting of May 15, 1979 and then moved to approve min- utes of Executive Session & Regular Meeting of May 15, 1979 and Execu- tive Session & Special Meeting of May 29, 1979; Hamilton seconded the motion which passed unanimously on voice vote. The City Administrator read a letter from Mr. & Mrs. F. A. Carter in opposition to the proposed motel and a memo from the Planning Commiss- ion and asked that they be made part of the record along with Find- ings & Orders dated lOth of May, 1979; Planning Commission minutes of , the March 28, 1979 meeting, letter from Ashland Visitors and Convention Center, letter from applicant dated February 13, 1979, and condi1;ions ,placed'onproposal. Planner Box reviewed a drawing of the plans he posted saying that this is the last piece of C-I property to be includ- ed in the Comprehensive Plan as it extends out Siskiyou Boulevard. Box noted that it is zoned for apartments but the Planning Commission felt that a motel would create less of a traffic impact on Siskiyou Blvd. and unanimously approved the proposal. Ragland opened the public hear- ing. Leroy Dixon of 1865 Siskiyou said he had approved the motel over apartment complex feeling it would have less impact traffic-wise but is now opposed to the motel proposal because of inclusion of beauty shop and coffee shop in the plan saying that the coffee shop could become a liquor store and cause noise, traffic and litter. Larry Pavilionis of 1808 Siskiyou spoke in opposition to having a motel across the street from his home and described the traffic problems of getting onto Siskiyou Blvd. with all of the traffic as it is and cited the Normal Street entry as being most difficult. Pavilionis questioned the wisdom of adding to the conjestion and destroying the residential neighborhood in that area. He also brought up the safety of bike and pedestrian traffic, pollution and noise which would be causwby the motel. Pavilionis agreed there is probably a need for motel accommoda- tions because of Ashland's tourism economy but felt location poor. The discussion was resumed by Council after close of the public hearing and Phelps noted that a motel would be more seasonal and most of the traffic at the coffee shop etc. would be more afternoon and evening activity. Dixon added that he would fear that students would be rented the units when tourism is down. Medaris said it would be the last of open space in the area. Sims moved for approval of the request for zone change and adoption of findings of fact as submitted by the Plan- ning Commission; Phelps seconded the motion which passed with Hamilton, Ragland, Laws, Sims and Phelps voting in favor; Medaris opposed and motion carried. 6/5/79 Pg. I ., Regular Meeting . . PUBLIC HEARING HITT ROAD VACATION MINUTES OF BOARDS ETC. LIQUOR LICENSE American Legion Village Commons Ashland City Council 6/5/79 Pg. 2 e The City Administrator reviewed the proposal for closure of Hitt Road as requested by Jere Hudson and noted that it had been decided to vacate the road and said that he had letters from the U.S. Forest Serv- ice, Bureau of Land Management and State Forestry agreeing with the concept of locked gate and Almquist said the property had been posted. The public hearing was opened and Karen Darling said she owns property on each side of Hitt Road and wondered if the City would be maintain- ing the street and what would happen to access in the event she should sell a portion of her property on the road. City Attorney said should legal question come up 'it would have to be settled by.court action. Ron Darby of the State Forestry Dept. said if a gate is installed they would need a key to get into the critical access area in the event of a forest fire and probably haved:to,:bring a grader and cats to clear for two wheel drives. Darby said that a gate as proposed by Hudson would not keep motorcycles and four-wheel drives out, saying they would simply remove the gate. Darby said he doesn't understand why a vaca- tion of the street is being considered. Jere Hudson spoke saying that he had made the original request to in- stallca gate at his own expense if necessary and that he had the approval of all of the property owners involved. Hudson described the dilema created by hunters, bikers, four wheel drive and noise nuisance on Hitt Road which extends beyond the City and cannnot be policed for that reason. Hudson said he would give access to anyone who has reason to go up there and is against vacation of Hitt. Laws said the gate may be illegal. Barry Peckham of 40 Granite Street wondered why the dirt bikes could not be controlled for the noise and dust nuisance they create saying that barking dogs or loud stereos can be brought to ,the attention of the Police Department for citation. Hudson said the dirt bikes have no license plates, muffler, fenders etc. and you can't turn them in as you nave no identification to go by and they would be long gone if you did call. Phelps sympathized but said the City would be put in legal jeopardy by maintaining a private road at a cost to the taxpayers of Ashland. Laws moved that the request be denied and other alternatives be found; Sims seconded and recommended the prop- erty owners retain a private attorney to accomplish what is wanted. On roll call vote, motion passed unanimously. Phelps moved to accept minutes of Boards, Commissions and Committees; Hamilton seconded and motion passed unanimously on voice vote. License application for retailing Beer by American Legion was submitted and Sgt. Childreth was asked his opinion as to operation of last years beer sale during fourth of July celebration. Childreth said it was well controlled and recommended approval. Medaris so moved; second by Hamilton and motion passed unanimously by roll call vote. Change of Ownership of Village Commons to Lester C. and Laura Jean Guthrie was considered and it was noted that Police Department has recommended approval. Laws moved for approval; Sims seconded and the ~otion passed unanimously on roll call vote. 6/5/79 Pg. 2 Regular Meeting '. LIQUOR LICENSES ~ony Express WATER & HELMAN ST. VAC- ATION PUBLIC HEARING GREENMEADOWS & MORADA LN. VACATION - SALLY BUBB HAMPTON MLP APPEAL FOR MYRA BENSON CHAMBER REQUEST FOR CLOSURE OF WINBURN ETC. 4th OF JULY FESTIVITIES PUBLIC FORUM Winburn Way Closure 'J. C.: COMM. AIREORT JOINT MEETING TOLLIVER APPEAL Ashland City Council 6/5/79 P.'3 - Liquor License application by Leigh T. Johnson was considered and appro- val recommendation from Police Department was noted. Hamilton moved for approval; Phelps seconded and on roll call vote motion passed without opposition. Public Hearing date was set for consideration of petition from Fred Roberts for vacation of alley between Helman & Water Streets for July 17, 1979 at 7:30 P.M. (' Public Hearing date was set for July 17, 1979 to consider petition for vacation of portion of Greenmeadows Way & Morada Lane. Public~earing date was set for June 19, 1979 at 7:30 P.M. to consider appealA denial of MLP 79-60 by Myra Benson. Request by Chamber Committee for closure of Winburn Way on July 4, 1979 from 6:A.M. to 6:P.M. was considered and Sims moved to approve; Hamil- ton seconded and the motion passed unanimously on roll call vote. Barry Peckham said he had come to the meeting to discuss Winburn Way as had many other people and demanded to know why the subject was not on the agenda. Almquist explained that before a public hearing or discussion could be held it was understood that each Park Commissioner would submit a letter with their recommendation and rationale for consideration and that those letters did not arrive in time to be in- cluded in this agenda. Peckham said the citizens have gone to several meetings and were becoming very frustrated. Ragland explained that the delay was reasonable and there is no way to guarantee such a situation may not happen in the future as requested by Peckham. Laws reported on the meeting with the County Commissioners relative to their approval of the Airport Master Plan and noted they are preparing an ordinance to designate airport use after the fact. Laws said there should be a public hearing and consideration given to amendment of the Master Plan to limit extension of the runway. Laws said that if such extension is a need that should be considered there should be a public hearing and noted that the matter would be coming up later on agenda. Planner Box reviewed the Tolliver appeal saying that the work which had been done by Tolliver was legal and no permit was necessary for the removal of dirt etc. in his work in the creek channel and in checking with the Division of Lands learned they do not have a lot to do with the creek. Jim Mulhall representing Tolliver said the applicant has a new proposal and drew a diagram of the property and said that Tolli- ver would be willing to donate 15 feet for Greenway and said the City could build a foot bridge to meander across the creek where Tolliver would give another strip of land which he could not use. Mulhall said Tolliver is not interested: in giving a shifting easement if the creek channel changes as he felt it wouldn't be fair. Mulhall said in read- ing the ordinance for acquisition of creek properties for the Greenway chain would include property for access and he doesn't feel that 50 ft. would be within the bounds of that ordinance. 6/5/79 Pg. 3 'Regular Meeting . TOLLIVER APPEAL cont. ANNEXATION CONTRACT MARK ANTONY H & S LAWSUIT Ashland City Council 6/5/79 Pg. 4' e Mulhall said Tolliver is concerned with going through with his plans on the minor land partition and will build two more houses and there- fore would like action taken tonight. On question of Parks Director Mickelson he said he could see no problem with the proposal. On Laws question as to how much of a problem would be caused by the two bridges, Mickelson said that at this point Greenway is concerned only with access. Mulhall said that should something happen that the Green- way chain does not all come together the property should be reverted back to the property owner. On length of time before suc~ reversion would take place, Ragland suggested twenty years to be a fair period of time and said it seems to be a good solution to the problem. Almquist expressed concern with the cost of the bridge(s) and said it could not be built at this time. Council agreed that the bridge could wait until the Greenway was linked and into operation and Laws moved that proposal be approved with the proviso that the 15 ft. easement would revert ,to property owner in twenty years if Greenway did not come into fruition; Medaris seconded. Almquist said that findings of fact would be presented at next meeting if motion is approved. On roll call vote, motion passed with Phelps, Ragland, Medaris, Hamil- ton and Laws voting YES. Sims abstained. Planner Box reviewed what he considered a workable plan to assure that the City would get what they bargained for in granting approval for annexation and zone change for certain proposed development, and said that it could be worked out with the County in a simultaneous fashion so that it would not be in violation oftthe County zoning laws. Salter agreed and said that if an architect was retained and the plans, specs, etc. were drawn and approved, it would be unlikely the project would be abandoned, and added._that '" contract should call for building only what is proposed for the,annexation. Laws agreed with Salter's recom- mendation. Box said a zone change should be contingent on construction and if they do not have zone change and it was never annexed there ~oul~ ge a ~eed fOr City ~eTVices ?nd ,8 problem getting water. Laws ,moved 'that we annex the 'property andCwithdraw from-Jackson County Fire ,Disfrict -""and rezone' it anli- alLof 'these ,things be contingent upOn' ~ubmission to City 'of con~ract to'build motel and' approval, of plans, specifications, working drawings'and site plan and the zoning ordin- ance will be effective on same things but will provide if a certific- ate of use and occupancy is not issued within two years of effective date of annexation, then the zone change will be ineffective and the zoning will revert to County zoning; Sims seconded and the motion carried with unanimous YES vote. City Attorney Salter reported that owner of hotel had asked for post- ponement of item. City Attorney reported court has ended suit filed by H & S Construction based on the fact the City of Ashland has not made a decision on the matter and asked for adoption of findings of Kneebone proposal because it is the same situation. Phelps moved to adopt findings and authorize signature by Mayor and Hamilton seconded. On roll call, all YES. 6/5/79 Pg. 4 Regular Meeting . AIRPORT PROJECT BIDS DESIGN REVIEW ENERGY CONSERVATION Ashland City Council 6/5/79 Pg;: e The City Attorney reviewed the airport project bid situation and said the Court found Wisar Construction was the low bidder and disagreed there were negotiations after the bid. Salter disagreed and said it was quite clear that Wisar said they would do the work at increase in cost of $3,100. Salter added that if the project did not need to be done this summer he would take the matter to the Court of Appeals, but the work needs to be done when the water is low. The two alternatives Salter gave Council were to reject all bids or accept Wisar bid at original price. Laws moved to accept Wisar bid and have Resolution read; Sims seconded the motion and said he had phone calls from citizens concerned that when the culvert is built it will accommodate larger air- craft which concerns them because of noise etc. On question to Alsing on need for strength of arch, Alsing said that it would hold heavy equipment needed for extending runwa~. : Sims ,kaid the people don't want to depend on future Council members and want assurance now. Laws said he didn't feel that tomorrow's problems should be concluded today. On roll call Laws, Hamilton, Medaris, Ragland and Phelps voted YES. Sims opposed. The City Administrator read the Resolution and Laws moved for adopo~on; Medaris seconded and on roll call Phelps~,Ragland, Hamilton, Medaris and Laws voted YES. Sims opposed. Public Hearing on design review was set for June 19, 1979 at 7:30 P.M. Almquist read a memo from the Energy Conservation Committee relative to a Wind Generation Demonstration Project to be constructed on the Oregon coast and said that twenty five agencies have agreed to participate. Hamilton asked where the cost of $6,600 would come from and Almquist said it would come out of the Utility Operating Contingency Fund. Medaris said he didn't think the City should spend 'taxpayers money on a research effort which should be done by States and Federal government. Hamilton said the Energy Commission was appointed at Council's request and that now it should accept it's recommendation to do what it was 'connnissioned' to' do- ahd $6,'600 is not a lot of money for an alternative utility. Ragland -said lie' can remember when the Budget Connnittee was asked for a like amount to study solar energy and that those funds were not expended and it is possible to get more energy sources such as wind- mills in Ashland. Ragland added that it would be good to get informat~ ion from other utility companies too. Laws suggested that win~mills could be used when wind is available and at that time could save water running the hydrogenerator. Sims said it may be an opportunity to get in on the ground floor of wind generation. Medaris said that as he sat on the Budget Connnittee he saw where it would not approve an expend- iture for a $4,000 monitor needed by the Water Department and feels our money should be spent on the obvious needs of various departments. Laws said a continued source of energy is just as important to the City. Laws moved to accept proposal and Hamilton seconded. Laws, Hamilton, Ragland, Sims and Phelps voted in favor. Medaris opposed. Ragland said there was going to be an Energy Seminar in July and will bring back details as they are available. Almquist said the next meet- ing of the Energy Commission will be on June 14 and at that time he will see if someone from that body can attend the seminar. 6/5/79 Pg.5 Regular Meeting ,. WASTEWATER TREATMENT PLANT ACCESS SUIT ALLEY ADJ. TO TONEY SAFE STORAGE FILES FOR PLANNING/ENGINEERING DOCUMENTS, MAPS ETC. AIRPORT MASTER PLAN REP. Ashland City Council 6/5/79 Pg. "6 e ,The:City Administrator read a memo he had written relative to the long standing disagreement between the City and two property owners over easements used for access to the sewer treatment plant. Almquist said although an agreement had been reached in handwritten form that the property owners have subsequently neglected to sigil"a formal agreement sent them or to reply to a recent letter sent them by the City Attorney. Almquist in his memo suggested that a suit for "specific performance" be filed to bring the problem to an end. Sims so moved; Phelps sec- onded the motion and on roll call passed unanimously. Box reviewed"the alley situation adjacent to the Toney development on N. Main Street and said there is a need for land to extend the radius in which to turn and said that Toney would give the City the land if City would pave it to round off that section. Laws suggested that all the paving work needing to be done could be set up in an assessment district. Lois Upp of 330 High Street said that she has been developing her property and was under the impression she would not need to pave but that now if the paving is Bancrofted it will hold her up and keep her from getting her certificate of occupancy for months. After some discussion Alsing said that he would prepare specifications for Upp and she could pave her portion individually. Ragland express- ed agreement with a purchase price of $1,000 for the 50' to be paved to make vehicular traffic safe using the alley. Laws moved that Staff pursue the proposed alternative and achieve whatever they need; Phelps seconded. On roll call, all YES. Alsing told Upp that he would get the specs together this week. Planner Box, reviewed his memo relative to comparative costs of micro- film and fireproof files for protection of all records and maps being stored in the Planning Department. After a lengthy discussion, Phelps moved that Staff suggest procedure, cost and where it may be absorbed; Sims seconded and the motion passed unanimously on roll call vote. Ragland reported that the County seems satisfied enough to adopt the Airport Master Plan but uncertainty and criticism was brought before them by people who live in Ashland and the County was desirous of letting the people of Ashland know about plans to extend the runway at this time. Ragland, said 400 people signed a petition expressing a concern about possible extension of the runway and thinks it would be appropriate that Council should take a position. Ragland said he is agreeable to the safety factor now being taken but would not want to see the airport used for larger planes and asked Council members to express whatever thoughts they have on the matter. Almquist suggested that the consultant of the master plan be contacted and meet with Council to explain the plan and to have the Airport Committee present. Hamilton suggested a study session., Laws suggested that a meeting be held with Council, Consultant and Airport Committee and that public be invited and then take official action at following regular Council meeting. Brita Hazell said she' has gone to meetings on the Airport and the material is of such a technical nature that it would take some studying before anyone could give logical input. ~---~ -..... ...._h,..: 6/5/79 P. 6 ~ r. Re~"lar Meeting r Ashland City Council 6/5/79 Pg. ,7 "" AIRPORT MASTER PLAN cont. Laws asked Almquist if amendment of the Master Plan would take a res- olution and was t61d by Almquist that it would, and also we would have to go back to FAA for approval of any modification. Sims moved to have study session with Consultant invited and Airport Committee to attend with public being welcome to participate; Phelps seconded. On roll call, all YES. A memorandum was read from City Administrator Almquist recommending appointment of Battalion Chief King as Acting Fire Chief at $1;750 per month to become effective on June 13, 1979 at which time Fire Chief Larry Drager's resignation takes effect. Ragland appointed King, and Laws moved to confirm; Medaris seconded and on voice vote, all YES. ORDINANCES 'RESOLUTIONS .Fi t d: . ""~"<''''''i -, ,,~~.. ,'_ d' ""..VA'.', _.. ,,~ , " , . , _'. r.s, rea, :tn~ wa~"~:"'~I:l~an ol1u.mance",~en -'hUg.t~", ,MuniciI~a:ro,€ode"''5,ela- AND .CONTRACTS ",' ".,~v~t9~warrant ,:tnte"e's.t "i'-toes ana Na:rs"inoye'dlto 'se~d r~aali:tg'llll.OM:~d- ,warr"n~, tFnte"est>or, d'"", ,'-arT:i!s ':l<"s:eoconded, ,a, n1:l,' them, otio,n P, assed unanimou, 'si1"'.~on ''',,011 ,~~, if '~, o'E,e, ""'. ',',," Sig~t' ~~. ';:'~t~:adiI1l~~;;~~.:~ f~'ainance amen~~~( ~:~~-:!C:1~1=~ - ti ll1lt J ....h't d ft f bd'" . ..... ve 0 Slg ra s or au lV1Slon lmprovements. Phelps moved to second reading, Medaris seconded and ,the motion passed unanimiusly on roll call vote. Court Appointed Attor- First reading was given an ordinance relative to court appointed attor- ney Fees ney fees in Municipal Court and discussion ensued as to the present ~fee not being worthwh~le for attorneys to accept case repi~enting .' , . *,>""""".,,,~ '= . -, _ ,_ '~ ~~. : .~*digeets a'} ~Ppo,:i!nt~ecr.,,!tY"'l'fi~~G2,~~,~?J'!;~xIr"e-<'ssecr oP.in%n lohat k } ~~ ,"If' - - loJils fee structure should go tohrough the budget 'system. -Sims feil!to lohe ~~ .~..~ ~.~,. .....,. .:-.."'}("' -. . .?" would suffer because the, fees are too o!l.l)w ,to d!nloe"esto lone a,t.tol1ne;Y.. "~ .' .. -r:~rgIDarid felt the attorneys sho,u:tfl- be w,ill:i!!!tii'lto',(~DSOl1D lone cr;i!f.fel1<:,.!).,C!' ' .~" as ~~blic service'and cost of being in business. .Laws moved to table' ~ - - - - - -. --~ , Medaris seconded "and on roll call; Hamilton, Laws, Medaris and Ragland voted YES. Phelps and Sims opposed. St. Imp. Dist..1/44 eo First reading was given an ordinance relative to issuiiigbonds in"con':: '. 'I.lIl. .~,~'..' . ~ ,_. nec!,ion .,!iHh Street"':ml1rovemeniODiS}ri"t No, 44 andA:1rilqu,~sto cOl1l1ectecr ,,,:..,:;"j(c:._,l"; ,,. .;;the"':inloe],~'!}~a"te '.to~ad 7%. Laws moved'o se~:ond~r~d,:i'ng, Rneil!p's".. .... ,;;'~. '1 ~iin i: 1 .' _~~<:!'~\lf~na.ll$.n~#oIl c~f vote the motion p"s~e?'~un~Iti'iaoUSil!'>l' ~. . '-")0: ','d:"~~'~~..~_:... ,:!!f. . '~->;. " ~~. Sfate Revenue Sharing Second reading oy title only was given the ordinance electing to rec- ieve State Revenue Sharing funds and Medaris moved for adoption, Ham- ilton seconded and motion passed unanimously on roll call vote. FY 79-80 Tax Levy Second reading by title only was given an ordinance to levy taxes for FY 79-80 and Sims moved for adoption, Phelps seconded and on roll call, all YES. Transient Occupancy Second reading was given an ordinance increasing transient occupancy tax and Hamilton moved for adoption; seconded by Medaris and passed unanimously on roll call vote. ~ "No Parking" Homes Ave on Homes Avenue was Med~r:j.s and p'assed,: . Reguiar Meeting "tI Ashland City Council 6/.;}79 P. '8 e . , Ratification Laborers Agreement The City Administrator reviewed contract agreement modifications with Laborers Union, Local #1400, and Sims moved that Mayor be authorized to sign the Agreement; Hamilton seconded and on a roll call vote, all YES. Air Quality Lecture City Administrator Almquist relayed a message from the County Board of Commissioners inviting Councilmembers to attend an Air Quality lecture in Circuit :Court #1 at 10:30 A.M. June 6th. Councilman Phelps said he would attend. ADJOURNMENT Council Chairman Ragland adjourned the meeting at 11:10' to Executive Session to discuss Management Wage Package on June 18, 1979 at 7:30 P.M. 4/Uv ~ -7tcu~ Nan E. Franklin , City Recorder ~ rickett ih t,~.... ~. .