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HomeMy WebLinkAbout1972-0104 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL JANUARY 4, 1972 I. ROLL CALL: The regular meeting of the Ashland City Council was called to order at 7:30 p.m. in the Council Chambers, City Hall, on the above date by Mayor Charles McKeen. All Council members were present. A. Mayor's Annual Report: Mayor McKeen gave the "State of the City" address, reviewing accomplishments of the City for the past year and recognizing residents and employees contributing to the progress. He gave highlights of various projects, and statistics indicating the growth of Ashland. The Mayor felt that, in the coming year, the most significant thing that could be done would be to provide for orderly growth and retain Ashland's livability for the enjoyment of all. Appointment of Standing Council Committees and Liaison to Various Organizations: Mayor McKeen made the following appointments for one-year terms: COUNCIL COMMITTEES FINANCE & PROPERTY - Councilman Roberts Councilman Conklin Councilman McCannon PUBLIC SERVICE Councilman McCannon Councilwoman Soderberg Councilman Willstatter STREETS & TRAFFIC Councilwoman Soderberg Councilman Conklin Councilman Roble COUNCIL LIAISON WITH VARIOUS ORGANIZATIONS ASHLAND DEVELOPMENT COMMISSION - Councilman Roberts ECONOMIC DEVELOPMENT COMMISSION - Councilman Conklin PLANNING COMMISSION - Councilman McCannon HOSPITAL BOARD - Councilman Roble PARKS & RECREATION CO~LMISSION - Councilwoman Soderberg BCATS ADVISORY COMMITTEE - Councilmen Willstatter & Conklin ASHLAND AIRPORT COMMITTEE - Councilman McCannon ROGUE VALLEY COUNCIL OF GOVERNMENTS - Mayor Charles McKeen Councilwoman Soderberg (alternate) ular Meeting Ashland City Council January 4, 1972 I. C. Commissions and Committee Appointments: The Mayor made a blanket reappointment of all city staff members and department heads, although not required by the Charter. Roble pointed out that the City could gain points on their insurance rating for the Fire Department by making permanent appointment of the Fire Chief (unless removed by cause or retirement). He moved that the City Administrator be instructed to write the Insurance Rating Bureau regarding such status of the Fire Chief; Willstatter seconded; on voice vote, passed unanimously. Mayor McKeen then proceeded to make appointments to the following boards, commissions and committees. Willstatter stated he would vote "NO" to all appointments, although in principle only and not reflecting on the individuals appointed, because he felt the although such were the Mayor' g v .. ~ '5 i~ Willstatter also pointed out that the City could save dollars by combining the Planning Commission, Development Commission and Economic Development Commission into one Planning Commission, thus making better use of staff time and individuals on the Commission. The Mayor pointed out that the Council had the right to make a change in the Ordinances to realign such commissions. McCannon also felt the matter should be given consideration, and stated that the Revenue Steering Committee might possibly come out with such a recommendation in their final report. BAND BOARD - Dr. Bev Cope, Dave Wight and Dr. Marcus Woods were all reappointed for one-year terms. BUILDING APPEALS BOARD - Bill Brown, Don Fowler, Gary Regatti, Vincent Oredson, and Elmer Savikko were all reappointed for one-year terms. Conklin moved that the appointments be confirmed as presented; Roble seconded; passed with Willstatter dissenting. FIRE DEPARTMENT CIVIL SERVICE BOARD - Everett McGee was reappointed for a four-year term. Roble moved that the appointment be confirmed as presented; Conklin seconded; passed with Willst~Itter dissenting. HOSPITAL BOARD - Walt Bosshard was reappointed, and Charles Lucas named to serve a four-year term. Conklin moved that the appointments be confirmed as presented; McCannon seconded. Roble questioned why the Mayor had not ~lar Meeting ~s~land City Council January 4, 1972 I. C. (continued) reappointed Mrs. Virginia Westerfield, and felt she had been doing an excellent job on the Hospital Board. The Mayor qualified his appointment of Charles Lucas, pointing out the gentleman's previous experience as administrator of the Veteran's hospital in Portland and the Mayor's desire to rotate members on the Board. On roll call, Conklin, McCannon and Roberts in favor of confirmation of the appointments; Roble, Willstatter and Soderberg opposing; the Mayor voted in favor of confirmation, breaking the tie. SIGN DESIGN REVIEW BOARD - Reappointment of Mrs. Frank MacCraw and Leon Mulling, and appointment of Gordon Holgate for a two- year term. McCannon moved that the appointments be confirmed as presented; Roberts seconded; passed with Willstatter dissenting. Conklin noted that appointments could not be made beyond two terms, according to the sign ordinance. ASHLAND DEVELOPMENT COMMISSION Sid Ainsworth, Chet Corry and Don Lewis were reappointed and Mrs. Jessie Fitch appointed for a four-year term. Soderberg moved that the appointments be confirmed as presented; Roble seconded; passed with Willstatter dissenting. ECONOMIC DEVELOPMENT COMMISSION - Jim Parsons was reappointed for a three-year term. Roberts moved that the appointment be confirmed as presented; Conklin seconded; passed with Willstatter dissenting. PLANNING COMMISSION - John Billings was reappointed for a four- year term. McCannon moved that the appointment be confirmed as presented; Soderberg seconded; passed with Willstatter dissenting. (At this time, the Mayor called for the Public Hearings scheduled, then returned to the appointments.) CITIZENS BUDGET COmmITTEE - Robert Bailer was reappointed for a three-year term, and Jim Lee appointed. Roberts moved that the appointments be confirmed as presented; Roble seconded; passed with Willstatter dissenting. Conklin moved to nominate Willstatter as Chairman of the Council; Soderberg seconded. Roberts moved that the nominations be closed; Conklin seconded. On roll call, passed with Willstatter refraining from voting. Roberrs moved to make the election unanimous; Roble seconded; passed unanimously. -3- ular Meeting A~j~land City Council January 4, 1972 II. APPROVAL OF MINUTES: Soderberg made an addition to Page 1, third paragraph, of the minutes of the special meeting of December 28, 1971, to point out that the property in question was City-owned and the work should be done by City crews. Conklin moved to accept the minutes as amended and place them on file; Willstatter seconded; on voice vote, passed unanimously. III. STANDING COMMITTEE REPORTS: A. Finance & Property Committee: Roberts moved to approve a request by the A.E.D.C. for a budgetary transfer of $3,000 from contract services to Miscellaneous (Development Activities). Conklin seconded; on voice vote, passed with Willstatter dissenting. Roberts moved to approve a request by the A.E.D.C. to expend $389.50 to enclose the industrial site on Mistletoe Road with security fencing. Roble seconded. Willstatter pointed out that the $389.50 did not constitute the whole amount of the project (just materials) and asked whether the City should subsidize this amount with general fund monies. Soderberg felt the A.E.D.C. should be commended for thinking of the best interests of the industrial property. She felt the fencing would relieve some policing problems and allow City staff to use this time in other ways, and that City employees should be utilized to put up the fence. On voice vote, passed with Willstatter dissenting. Roberts moved to approve a request by the City Administrator to write off miscellaneous uncollectible bills totalling $4,368.62. Roble seconded. It was noted that these were primarily utility bills as far back as 1966 which had been submitted to a Credit Bureau and been uncollectible, in addition to a few deceased cases and others. On voice vote, passed unanimously. Roberts moved to approve a request by the City Administrator to sell corporate stocks held by the Cemetery Trust Fund, with a book value of $300. It was noted that it was not lawful for the Trust Fund to hold stocks, and the money received could be put back into the fund. Almquist pointed out that these stocks were possibly donated, and Cost more in clerical time than was the value. Conklin seconded; on voice vote, passed unanimously. -4- ~ular Meeting Ashland City Council January 4, 1972 III. A. S. Roberts moved to decline a contribution of $22,500 to the Public Power Council for the development of the LMFBR Demonstration Plant. Conklin seconded; on voice vote, passed unanimously. Public Service Committee: None Streets & Traffic Committee: Conklin recognized the delegation to the State Highway Commission meeting on January 11 to be Mayor Charles McKeen, Dr. James Sours, president of Southern Oregon College, and Robert O'Harra, representative from the Chamber of Commerce. The delegation would be discussing Highway 66 and priorities. At this time, Willstatter questioned the City Attorney on the status of the case "Ashland vs. Voris, etc." regarding the sign at Joy's Broiler on Siskiyou Boulevard. Salter said that a complaint had been filed (on the basis of height limitation and failure to get a permit) but a date had not yet been set for trial. Roble questioned expenses, and Salter said it had been approximately $200, with a possible $500 to $800 in addition once it went to trial. In the interest of economy, Willstatter movedtO dismiss this; Roberts seconded. Conklin asked to be excused from voting. Soderberg moved to accept the request, Roble seconded; on voice vote, passed unanimously. Soderberg felt that, if the Ordinance were not worthwhile, it should be repealed; otherwise, it should be obeyed and upheld. She pointed out that Voris was well aware of the Ordinance, having worked on part of it (either through opposition or support), and this was testing the Ordinance. Soderberg felt it was important to make laws and Ordinances meaningful. After a question from McCannon, Salter pointed out another possibility for handling the case, in that Voris could have been cited into Municipal Court for a misdemeanor (a crime) in violation of such Ordinance. Salter stated that, since there was no major change in the sign, it might not be required to bring it into compliance with the Ordinance. On roll call, Soderberg, McCannon and Roble opposed dismissing the case; Willstatter, and Roberts in favor. The case was not dismissed. IV. COMMUNICATIONS: Oral from the Audience Mr. Jim Morris of 140 Lincoln Street in Ashland brought up two matters for Council consideration. The first dealt with property taxes in Oregon. Mr. Morris felt that the City should get a greater share of such taxes than the School districts. -5- ular Meeting ~,lland City Council ~nuary 4, 1972 IV. (continued) The second item which concerned Mr. Morris was the policy of annexations to the City of Ashland. He felt that City boundaries should be established, then build from within. The Mayor thanked him for his concern. V. COMMUNICATIONS: Written City Administrator Almquist read a letter received from Ashland School District No. 5 relative to crossing guards at Highway 66 and Walker Avenue. Soderberg felt it was time for the Council to do something about this problem, which had been brought to their attention over the past eight or ten years, and find some means for protection of the school children during crossing hours. She felt the City had responsibility, and the Police or Fire Departments should serve as an escort. Almquist suggested deferring the matter to the Streets & Traffic Committee in order to allow the Chief of Police to present recommendations and overriding considerations before taking any final action. Conklin agreed that the subject was important, but also felt the Council should hear from the staff and the City Police Department before making a commitment. Roberts pointed out this could have serious budgetary implications and needed further study. Soderberg pointed out that traffic signals would not be allowed by the State Highway Commission, even if the City were to bear the total cost. McCannon agreed that crossing guards were needed. Almquist stated that the school in question was the only one in Ashland which did not provide teacher patrols of some type, and noted that the State Education Department makes provisions for such school patrols and authorized such expenditures of school money. Chief Hays pointed out the liability problem involved and the problem of various school hours. Soderberg moved that the matter be referred to the Streets & Traffic Committee to work with the School Board in providing crossing guards at Highways 66 and 99 and Walker Avenue. Conklin seconded; on voice vote, passed unanimously. McCannon moved to accept the minutes of the Ashland Economic Development Commission of December 8, 1971 and place on file; Conklin seconded; on voice vote, passed unanimously. City Administrator Almquist read a letter from the Bayview Myrtlewood Shop appealing a decision of the Sign Review Board, denying an overheight sign at 11 North Main Street. A letter was also received from the Parkview Department Store on the Plaza petitioning the Council to override this decision, and a letter from the Sign Review Board outlining the basis for their decision. -6- lular Meeting ~nland City Council january 4, 1972 (continued) After some discussion about the size of the sign (32 square feet versus 40 allowed in the Ordinance, but nine inches too high), Salter pointed out that there were noguidelines in the Ordinance for such a variance. It was felt that this was a "hardship" case, since there was a pre-existing obstruction (a canopy over the sidewalk). More discussion ensued regarding changes to the Sign Ordinance. Elliott MacCraken, from the audience, pointed out that the Ordinance should not be made to fit the sign. Conklin felt the Ordinance should be changed completely since it was not workable, although the Sign Review Board was just doing their job. Soderberg moved to direct the staff to draw up an amendment to the Sign Ordinance allowing a change in the variance procedure (due to undue hardship, etc.); McCannon seconded; on roll call, passed unanimously. Clark suggested the 40 square feet, but only a 10-foot minimum height. City Administrator Al~quist read a petition from property owners on Emigrant Creek Road opposing the use of the Lithia Springs area as a motorcycle race track. Soderberg moved to accept the letter and place it on file until such time as a request is received for renewal of the lease by the Ashland Lancers Club (expiring in March). Conklin seconded; on voice vote, passed unanimously. VI. SPECIAL AGENDA ITEMS: A. Unfinished Business: The City Administrator presented a Real Estate Option from the Grange Cooperative Association for property situated at "B" and Water Streets for $1,720 full price. He noted that a title report had been received, and that taxes had been paid. It would require a transfer from the General Fund Operating Contingency, and the property would provide off-street parking for employees. The Mayor deferred the matter to the Finance & Property Committee for their recommendation. Roberts moved to accept the recommendation of the staff report NOT to purchase a used 1914 Allis-Chalmers 300 KW generator from G. Rosekilly, broker, for replacement at site of the water treatment plant. McCannon seconded. Conklin suggested this might have historical value. McCannon pointed out there was no economic justification for the purchase. Willstatter felt the City would be letting a natural resource run down the hill. Almquist pointed out that the standby generator considered would not have enough power to run the water treatment plant. -7- P~gular Meeting land City Council uary 4, 1972 VI. A. 2. (continued) Mrs. Jensen of 480 Clay Street felt that a purchase could be considered in light of clean water during a power blackout, and noted it would be $27,000 out of pocket expenses, with work being done by City crews. Alsing noted that a gas generator would cost only $6,000, and that the filtration plants needs were higher since it had been enlarged. Roberts pointed out a business would not invest funds in this type of old equipment, so the public funds should not be invested. On roll call not to purchase, McCannon, Roberts and Soderberg, YES; Conklin, Roble and Willstatter, NO. The Mayor voted in favor of the motion, thereby denying the purchase. On action relative to a Federal Power Commission request for surrender of a license for hydro-generation of electricity on the Reeder Gulch Project No. 1107 - Oregon, the Mayor asked if it would be necessary to give up the license immediately. City Administrator Almquist pointed out that an exhaustive search had been made for used equipment, and that the City could expect the Federal Power Commission to become more adamant about the surrender of the license. When the other generator had been dismantled, it was a de facto surrender. Willstatter moved not to surrender the license; Roble seconded. Soderberg felt that the City could reinstate the license at some future time should a dam be built, and reommended sending a letter to the Power Commission. On roll call not to surrender: Roble, Willstatter and Conklin, YES; McCannon, Roberts and Soderberg NO. The Mayor voted to keep the license and make further investigations. Willstatter felt the Council should actively pursue alterna- tives, and Almquist said would be given a 90-day notice. New 1. & Miscellaneous Business: Public Hearing 8:00 p.m. regarding the proposed annexation of property located at 2525 Highway 66, adjacent to the Texaco Station at the south 1-5 interchange for development of a motel/restaurant complex (Van Vleet & Associates). City Administrator Almquist noted that there was a signed application and consent to annexation on file, and recommended that, in the event of affirmative action, it be referred to the Planning Commission for their suggestions on development standards and that the City Attorney draw the necessary agreement. Robel was in favor of the annexation, but wanted a completion date stipulated in the agreement to be drawn up o~ the start of development. -8- ular Meeting ~.lland City Council January 4, 1972 VI. B. 1. (continued) Van Vleet stated that a tentative timetable on legal and paperwork aspects would be about six months, and the builder would like to delay construction and open next season. He felt there would be an 18-month maximum before development was begun. Mr. & Mrs. Charles Gettling of 30 Knoll Crest Drive, who introduced themselves as owners of the immediate adjacent property, opposed the annexation. Mrs. Edith Gettling noted that the area was presently zoned farm-residential. City Administrator Almquist noted that the City had no control over zoning until such time as it would be annexed, and in the Comprehensive Plan of 1966 the property was proposed to be zoned commercial. In answer to a question from Soderberg, Mrs. Gettling said their property would be 20 feet From the proposed development (and noted they were not hooked up to the City sewer system). Considerable discussion ensued regarding zoning. Jim Morris of 140 Lincoln, Ashland, felt the City's intent to annex ga~e Van Vleet & Associates a lever with the Jackson County Planning Commission. He felt the City should study what they would be giving and what they would be getting out of the annexation (costs, etc.). Willstatter we~t on record for traditionally opposin~ nneX~tio ~ · ~ ~ Almquist pgi~ted out ~at an economic feasibility study had been done, and that profits through utilities and an ~ncr~ase in the assessed valuation, plus no increase on school needs, was found. Mrs. Gettling felt the Council was encouraging annexation rather than looking at it impartially, to which the Mayor pointed out this was a public hearing. Roberrs moved that the staff be instructed to draw up the necessary agreement; Conklin seconded. In response to a statement from Soderberg regarding any development plans, Mr. Van Vleet presented sketches of the proposed style of the buildings and a plot plan. On roll call, McCannon, Roberrs, Soderberg and Conklin - YES; Roble and Willstatter, NO. Motion carried. Public Hearing: 8:15 p.m. concerning a petition for street improvements on Oxford Street from the east sideline of Quiet Village Subdivision No. III to Coventry Street. It was noted that a 100% petition had been received from property owners. No one ~ffered any comments from the audience. Reble moved that the petition be approved and directed the staff to prepare the necessary Ordinance; McCannon seconded. Motion carried unanimously. ular Meeting ~.~land City Council January 4, 1972 VI. C. Ordinances, Resolutions & Contracts: City Administrator Almquist gave the first reading of an Ordinance to provide for the deferral of special assessments for street, curb and gutter and related improvements where the property owner is a senior citizen as defined therein and otherwise qualifies pursuant to this Ordinance; and declaring an emergency. Soderberg moved to pass to a second reading; McCannon seconded; on roll call, passed unanimously. Almquist gave the second reading of an Ordinance amending Ordinance No. 1361, the Zoning Ordinance for the City of Ashland, to rezone certain real property from R-F, residential- farm, to C-l, commercial-retail (Richard Walsh, Oregon College of Art - applicant). McCannon moved for the adoption of the Ordinance; Conklin seconded; on roll call, passed unanimously. The City Administrator gave the second reading of an Ordinance naming a previously-unnamed alley located between Hersey and Glenn Streets, easterly of North Main Street, as "Lori Lane". McCannon moved for adoption of the Ordinance; Willstatter seconded; on roll call, passed unanimously. Almquist read a Resolution expressing appreciation to the Revenue Steering Committee and certain civic organizations and individuals. Under suspension of the rules, Willstatter moved to pass to a second reading by title only~ Soderberg seconded; on roll call, passed unanimously. Almquist read by title; Roble moved for the adoption of the Resolution; Conklin seconded; on roll call, passed unanimously. City Administrator Almquist gave the reading of a Resolution providing for a stop sign and left-turn refuge at the Plaza exit to Oak Street. Under suspension of the rules, Conklin moved to pass to a second reading by title only; McCannon seconded; on roll call, passed unanimously. Almquist gave the reading by title only. Roble moved for adoption; Willstatter seconded; on roll call, passed unanimously. Almquist gave a reading of the Resolution setting forth the determination that a sidewalk is in disrepair and directing the City Administrator to issue the required notice (Water Street, easterly of Main Street - Walt Young, owner. -10- ~gular Meeting land City Council J~uary 4, 1972 VI. C. 6. (continued) Almquist noted that a demolition contract for removal of debris and the structure had been signed, and cost for sidewalk repair would be a lien against the property. Fencing would be installed after the sidewalk repaired for improved visibility at the corner. Under suspension of the rules, McCannon moved to pass to a second reading by title only; Conklin seconded; on roll call, passed unanimously. Almquist read by title. Roble moved for adoption of the Resolution; Conklin seconded; on roll call, passed unanimously. (At this time, the Mayor reversed the order of the next two items.) The City Administrator read a resolution designating Crater National Bank of Oregon as Banking Depository and City officers authorized to withdraw money therefrom. Under suspension of the rules, Roble moved to pass to a second reading by title only; Conklin seconded; on roll call, passed unanimously. Willstatter moved for adoption; McCannon seconded; on roll call, passed unanimously. Almquist read resolutions also for the First National Bank of Oregon and United States Bank of Oregon. Under suspension of the rules, McCannon moved to pass to a second reading by title only; Willstatter seconded. On roll call, passed unanimously. Almquist read by title; Willstatter moved for adoption; Roble seconded; on roll call, passed unanimously. Almquist read the Resolution honoring and commending W. E. Bartelt upon his retirement as City Recorder/Treasurer. Roble moved to .pass to a second reading in full; McCannon seconded; on voice vote, passed unanimously. Almquist read. Willstatter moved for adoption; Soderberg seconded; on roll call, passed unanimously. Mr. Bartelt thanked the Council for their kind words, saying he had enjoyed his 17 years and all the various councils, administration and employees. City Administrator Almquist informed the Council that (1) the final Pill had been received from PP&L for completion of the Oak Knoll fee~er line, totalling $48,052.43; and (2) a letter had been received from the Jackson County Board of Commissioners agreeable to a luncheon meeting to discuss the Lithia Mill property. McCannon moved for adjournment; Conklin discussion, the meeting was of the Mayor. seconded. There being no further adjourned at 11:15 p.m., subject to the call W. E. Bartelt City Recorder /nck -11-