Loading...
HomeMy WebLinkAbout1977-0802 REG MIN :. , ,y, t" ROLL - CALL APPROVAL OF MINUTES PPEAL FROM SUBD. 20 RlZZLY INDUSTRIAL PARK -- 0'- . .... ,- ,_. ________.u_. HlNUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL August 2, 1977 e The Pledge of Allegiance was led by Mayor Prickett who called tilt Deet ing to order at 7: 30 p.m. on the above da te in Council Chambers. Pre- sent WEre Ragland, Laws, McCannon and Hamilton. Absent were ~ouncil- members Drescher and Phelps. Recorder Franklin requested that minutes of the July 19, 1977 meeting be corrected on page 5 in the first paragraph, third from last line tc add an "s" to read lIsections", and that date set for supplemental bud- get hearing should be August 9 instead of 3th as written in, July 26 minutes. Laws moved that minutes of July 19 and July 26 be approved as corrected and minutes of the Special meeting of July 23, 1977 be approved as submitted; McCannon seconded and on voice vote, passed unanimously. Mayor Prickett open the public hearing and a letter from Appellant Efandiar Ostovar was read By City Administrator Almquist who request- ed that Planning Commissi~n minutes for the July II, 1977 meeting, Staff Report dated July 8, 1977 and letter in opposition to appeal from Bob Robertson d~ted July 26, 1977 be made part of the record. Almquist then asked Planner Winterowd ,to give backgrou~d of appeal an slides were shown of the area and plans'reviewed for development of a light industrial park located south of Hersey Street and west of Mountain Avenue being developed by Craig Hoffarth. Conditions placed on the approval were outlined and changes in plans illustrated on the map including a change in design of Williamson Way by movin,ll the centerline of the street in order to meet subdivision ordinance stand ards and to preclude vehicle lights shining into the bedrooms of the Appellant's home. Ostovar voiced his dissatisfaction or street desig change and asked that safety of residents be considered and Hoffarth said he would follow his suggestion for $15,OOO. Ostovar submitted a letter from his brother, Iraj Ostovar dated August I, 1977 and a petition signed by thirty-four residents agai".st the 'development. < Barbara Heyerman, 555 CcTol Street. spoke in favor of ",oving the road so that it lines up with Phelps because it would be dangerous to the whole park and added that she is not against the development. Osto- var's letter (petition) was read asking that all conditions as set forth by the Planning Commission be fulfilled; inside streets be paved and that the main street going in be required to be SO feet in- stead of 60 feet. ostovar then :oontinued his appeal by <oski:1g that Council listen to what the people's needs are riltheT than those of ar individual and then showed pictures of trucks blocking his drive',,-ay, the rise over the hill where traffic can't see ahead and cited dust and other inconveniences which he contends threatens the residents ,of the area. Donald Kay spoke of possible changes in environment tc the City with the prosposed industry and suggested more study be dOOE on the effects of various industries as regards pollution. Kay also brought up the possibility of this creation of businesses bringing more people into Ashland and,wondered if a stipulation could be put on the devf.loper/m.;rI1ers to hire local people in the industries. Sarah Slagle, 1,82 Lynn, agreed with Ostovar on the lack of visibility on sloping Hersey Street and told of accidents and near a~cidents in front of her home which is situated at the corner of Lynn & Hersey. Slagle said the City ",auld be amazed at the traffic if they "ere to put a counter on Hersey and also on Lynn Street, and added that; con- ditions in winter IIl3ke it almost impossible to get up the hill. 8/2/77 Pg. I .".f". ....-........ -/;-_.-- " . ~iz4ly Indus. Park c~nt. ., iI ~SHLAND HILLS APPEAL (Ccntinuation from 7/19/77) ~ Craig Hoffarth, 2290 E. Main Street spoke in opposition to agpeal and said as Developer he agrees with some of the objections of the people in the neighborhood but said that plans to pave Hersey ,Street have been made and work is slated within the next two or three years. Hoffarth said that th~ industrial park will not create night traffic and compared to mobilehome park or residential area, the traffic will be negligible. Hoffarth said that he has been contacted by four busi' nesses interested in locating in his development and one of them is in town now and will continuE to employ Ashland people. Hoffarth tol, of his plan to landscape area with street trees etc., and to place restrictions on uses which would give the area an aesthetically pleas ing environment and that he wants to be a good neighbor. Len Fried- man of Lynn Street said there are many horses and children in the area and urged Council to hear the voices of the people who live ther rather than the interests of a former Councilman. Mayor Prickett reminded Friedman that the area has been zoned for this use many year ago. On Slagle's question as to what plans were being made for Lynn Street, Almquist said the old subdivision ordinance did not call for improvements and that now paving must be done by petition of the owners.' On corrment relative to the delay in paving Hersey Street, Alsing explained that the State of Oregon is short of 'money' and they have indicated that they do not have the money to pave ,it next year. On Slagle's question as to how long the total development might take, Hoffarth answered seven years. Laws said he shares the concern of the people in the neighborhood and that the children are going to be safer than they would in a residential area and that the only way they would be safer would be to have no development at all. McCannor moved to 'deny Appeal; Ragland seconded and on roll call, all YES. City Administrator Almquist read a memorandum from Planning Commissio reaffinning approval of Site Review No. 56 upon receipt of a topograp ical map as required. Mayor Prickett said that all testimony 'lad hee submitted at previous meeting and opened the Public Hearing a~~ing fa opposition to speak. Sidney Ainsworth, representing AppellanLJ Neely and Johnson who were present at the hearing, said he objects to the part of the Site Review that shows the concrete retaining wall an said he can't accept it. Planner Wintercwd said that the concrete wall would be a legal issue. Ainsworth said it would be just invitin litigation. Another objection was brought up by Ainsworth stating that because of access, the approval of the State High"ay Division would be necessary and this item should be tied to the Site Review as another condition and asked that Council reaffinn approval only upon action by the Highway Division on Hwy 66 access. Mayor closed the public hearing. Mc Cannon moved Appeal be deniedi Hamilton seconded. Laws abstained as hE missed the previous hearing. On roll call }lcCannon, Hamilton and Ragland voted YES. Appeal denied. 8/2/77 Pg.2 :;U.LcH nCL::L.l.~Jn "" . . I - e TNVTES OF BOARDS, COMM. ETC. Ragland moved that minutes of all boards, commissions and committees be accepted as submitted; Laws seconded and on voice vote, all YES. i}ffiR-GRANDVlEW FAUS PROJECT Director of Public Works Alsing explained the FAUS project proposed for Wimer Street and Grandvfew Drive and Ragland moved that Mayor and City Recorder be authorized to sign; McCannon seconded and on roll call, all YES. ';JlLAND EMPLOYMENT OFFICE Mayor Prickett reported having heard from the State of Oregon Employ- ment Office on possibility of locating a branch office in the City fc the convenience of Ashland citizens and recommended consideration of support from Council. Ragland moved to place item on agenda for action; Hamilton seconded and on voice vote, all YES. McCannon movec that letter of support for proposal be written by Mayor; Hamilton seconded and on voice vote, passed unanimously. 'ATER STATUS REPORT Director of Public Works Alsing reported on the status of water and said that the Parks, Cemetery and Boulevard Median strip water useage had bEen cut back to large degree and that the goal is for reduction of 50%. Alsing said the dra"~dow~ of the reservoir is running higher with the rise of temperatures and that they are losing 10,OOO gallons a day and if the weather continues, it may be necessary to put the water restrictions back on. Alsing showed a graph illustrating the reservoir level and gave streamflow statistics and said he would keep in touch with Council on a daily basis to alert for possible problem. Councilwoman Hamilton recommendeJ that the newspapers cooperate by urging citizens to cut back on cGnsumption. No action necessary. ;O}~REHENSlVE PLAN LAND USE Copies of the Land-use portion of the Comprehensive Plan were dis- tributed by Planner Himes. Mayor Prickett set next Tuesday, Aug. 9th at 7:00 P.M. for a meeting to consider the number of public hearings necessary. Cottle expressed an interest in getting a copy and was told by the Mayor that copies will be available in public library when extra copies are exhausted in Planning Department. fACKSON COUNTY JAIL CONTRACT Almquist submitted,contra~tfor Jackson County Jail services which had arrived too late to get on agenda. Ragland moved to place item on agenda; McCannon seconded and on voice vote, all YES. McCannon moved to authorize }myor and Recorder to sign agreement; Laws seconded and on voice vote, passed unanimously. ;ITY PLANNER Almquist read a memo recommending Dale Himes as City Planner at a salary of $1,450 effective August 1, 1977, and a letter from the Planning Commission relating a motion to recommend Himes for the pasi tion which was passed unanimously at its July 13, 1977 meeting. Laws moved for appointment at recommended salary and effective date of August 1, 1977; Hamilton seconded and on roll call, all YES. 8/2/77 Pg. 3 'l.l::t,UlLC1.L .....................h . CE}IETERY SERVICES FINDINGS OF FACT - ASHLAND HILLS "NO'PARKING" Roca St. & SOSC WINBURN WAY CLOSURE REQUEST S. O. CABLE TV ORDINANCE . Director of Finance Nelson reported on cemetary services question ar said that because of Oregon statutes, size of staff and legal and technical reasons, he would recommend that the City continue using the services of the funeral directors. Nelson stated that the requE denied to the Rogue Valley Memorial Society (Arthur M. Hamilton) could conceivably end up before American Civil Liberties Union. No action necessary. I Ragland moved for adoption of Findings of Fact as submitted by R. C. Cottle, attorney for Ashland Hills; McCannon seconded. Laws abstained because he had ~issed the public hearing. On roll call, all others voted YES. A memorandum from the Traffic Commission was read recommending a yellow "no parking" zone be established on the west side of Roca St above the rear entrance to SOSC. Laws moved that staff draw up the necessary resolution; seconded by Ragland and passed unanimously on roll call vote. A memorandum was read from the Parks & Recreation Commission recom- mending approval of request for closure of Winburn Way from 8 a.m. 7:00 p.m. on August 13 and 14, for Crafts Faire in Lithia Park. Ragland moved to approve with condition that barricades be manned t provide for fire lane; Laws seconded and on roll call, all YES. City Attorney Salter said that SOCATV felt that the ordinance was improperly read because of the amendments and recommended that the entire ordinance be reread or published in the newspaper. Mayor Prickett said that a three year contract as written into the ordin- aD:e is impractical from the viewpoint of recapturing investments a that the City can hardly expect much expansion to take place with t , time period to work within. Prickett said a seven to ten year peri would be more practical and he hopes that Council would reconsider. Ragland explained the three year term was given in order that the City ,"ould have time to research possibility of alternatives to the franchise and after the three years the City ,could write another or inance. McCannon said the present franchise is unrealistic and tha the original complaint of the company not pushing of extension of lines has now been corrected to provide service.. }fcCannon agreed ow the !~yor that the three year term is insufficient to realize a ret on investment and that he has received telephone calls from people concerned that the service will be discontinued if no agreement is reached. McCannon said the City will be giving up several thousand dollars should it end up without a franchise, and asked Council to reconsider and recommended a ten year contract. Ragland explained that FCC does not control rates and related incident where when KIo ath Falls chose to exercise its rate review, Cable TV flipped the switch, and added that he doesn't want to see Ashland get into that kind of situation. Ragland said that the City of Bandon has just sold $383,000 in bonds for operation of Cable TV in that City. Lo- said he resents the trouble caused by SOCATV in insisting that an ordinance has to be agreed on and said he would follO\, the City 8/2/77 r , e ABLE TV FRANCHISE cont. . ,SHLAND HILLS ANNEXATION 'RDINANCE ,SHLAND HILLS REZONING ORD. ;W~MMING POOL AGREE}ffiNT WITH ;H M HILL, CONSULTANTS ',..,,; .~. e Attorney and moved to second reading. Almquist gave first reading in full. McCannon said he doesn't expect that SOCATV will phIl a switch if they don't sign the contract but reminded City again that it would be losing thousands of dollars. Mayor Prickett said the company agreed to everything except the term and said we could give them 10 years and that they are like any other business. Laws raised the point that although he agrees with McCannon that a three year ter is a ,short period of time, when he asked SOCATV how long it would tak to recuperate their initial investment and we cannot get them to give us a figure then it leaves us with no alternative. Hamilton said she only sat in on two or three meetings but that of the City's condition it was only a question of time till they eroded one at a time when there was only one thing left and that was rate review and then ,,,hen it cawe to the franchise, they wouldn't accept it. Hamilton added that the three year term will give us the opportunity to talk about it and come up with what we want in a franchise. Ragland moved to second reading; Laws seconded. Jerry Wall commented on the money the City has seen fit to spend on pumps etc. and said the CATV company is doing its job and the City has no right to get into the business. Claudia,Roberts of 477 Fairview said she feels the service would be impaired should the City decide to take it over. On roll call, Ragland, Laws and Hamilton voted YES. McCannon opposed. Passed to second reading. Before the reading of the ordinance, Cottle, representing applican'ts for annexation referred to a letter written on behalf of his clients seeking reconsideration of decision by Countil at the June 21, 1977 meeting at which time it was agreed to exclude a northwesterly tip of tl U400 from the proposed annexation and requested action to include that portion of land which would be useless in the County as it is only 2.29 acres and would not meet the five acre zoning criteria. Cottle also asked an emergency clause be used in the ordinances to annex and rezone to prevent delay so construction can start ip. good weather. Cottle dropped the request for emergency clause whe~ re- minded that previously annexed land was site for construction of buildings. The ordinance was amended with description to include 2.29:. acres -.and Almquist gave firs t reading of the amended ordinance. Ragland moved to second reading; Hamilton seconded. On roll call, Ragland, McCannon and Hamilton voted YES. Laws abstained. Motion carried. (Cottle agreed to submit contract for construction to affiro that intent for annexation will be carried out.) The legal description was inserted into the ordinance as with the annexation ordinance and Section 2 was added calling for valid con- tract etc. Almquist then gave first reading and Ragland moved to~ second reading; seconded by Hamilton and on roll call, Hamilton, Ragland and McCannon voted in favor; Laws abstained. An agreement to furnish services for a con~unity swimming pool from CH2M HILL, INC. 'was submitted to Council. On }layor's question as to why Parks & Recreation "ere not signing the agreement, Almquist eX- plained that the supplemental budget will provide that funds for engineering will come from Revenue Sharing to Capital Improvements so City would have to sign tI,e agreement. Ragland so moved; second by McCannon and passed unanimously on roll call vote. 8/2/77 Pg. 5 .-' ..~ou_..u.. ......................h I t.. t --.._._.._ - I . . comrrehensive Plan Ord. I Cottle, representing developers of Ashland Hills, Inc. requested that ordinance to amend Comprehensive Plan be presented and was told that it would be given first reading at next meeting on August 9, 1977. DJOURNMENT Mayor adjourned the meeting at 10:5~~. to Tuesday, August 9, 1977 ., "00 '.M. ,,,< ,,,,,'_'"'~' :"/1' ~ pc/? /2 . 7~L-u/ -? 7i/<4~~ ~~ ~~.?r Nan . Franklin , Gary L. P ckett Recorder , }Iayor .