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HomeMy WebLinkAbout1972-0711 ADJOURNEDMINUTES FOR THE ADJOUINED MEETING ASHLAND CITY COUNCIL JULY 11, 1972 III. ROLL CALL: An adjourned 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 McKeeno All members were present. At this time, the Mayor read a proclamation declaring "Citizens Night at City Hall" for Thursday, July 20, 1972 from 7:00 to 9:00 p.m. II. APPROVAL OF MINUTES: IV. On the minutes of the regular meeting of June 20, 1972, Roble requested that the roll call vote (on Page 1, first item under Public Service Committee) be made unanimous. Conklin requested the minutes also be clarified (on Page 6, second last paragraph) to state that "...the City would not be held liable if the case did not proceed to a higher court." Willstatter requested that, on Page 1, second paragraph, the minutes be changed to have the "City Attorney check the applicability of ORS". Conklin then moved the minutes of the regular meetxng of June 20, as amended, and the minutes of the special meetings of June 21 and 23 be accepted and placed on file; Willstatter seconded; on voice vote, passed unanimously. APPOINTMENTS: The Mayor presented appointments to the City Planning Commission and sub-committees, stating that past members of the various Commissions had all worked long hours without pay and under difficult conditions and their efforts were very much appreciated. Willstatter moved that the appointments be considered on an individual basis, rather than as a package; Conklin seconded. Some discussion ensued. On roll call vote, YES - Roble, Willstatter, Conklin; NO - McCannon, Roberrs and Soderberg. The Mayor broke the tie vote with a "NO" to consider individual appointments. Roble asked for a ruling on whether the Mayor could vote in such an instance; to which Salter replied that the Mayor is required to do so. Soderberg then moved to confirm the appointments as submitted by the Mayor; McCannon seconded; on roll call, YES - Roberrs, Soderberg, McCannon; NO - Roble, Willstatter, Conklin. The Mayor broke the tie vote with a "YES" to confirm. Conklin then requested a ruling on the right of the Mayor to vote to confirm appointments. Salter stated the Charter charged the Mayor with the duty of voting in the event of a tie vote and does not make a distinction as to the type of information being voted upon. COMMUNICATIONS: Oral from the Audience Concerning Business Not Included on the Agenda Mr. Stanford Dew requested the names of the Flanning Commission members to be read, which the Mayor did, stating each sub-committee would elect its own chairman and draw lots to determine each member's length of term. Regular Planning Commission members included: Gene Morris, Stewart Johnson, John Billins, Marge McDowell, James Ragland, Jessie Fitch, Ian Robertson, Elliott MacCracken and Don Lewis. Members-at- large included: James Do Sours, Dick Calkins; Ed Rountree, Sid Ainsworth, Lewis Osborne and Trenton Douglas. The organization is shown on the attached chart. -1- o ;~ ~z~ Q ~-~ -Z- A ~.rned Meeting ASHLAND CITY COUNCIL July 11, 1P V. COMMUNICATIONS: Written 1. Roble moved that the minutes of the special meeting of the Planning Commission of June 6 and the regular meeting of June 12, 1972, be accepted and placed on file; Willstatter seconded. On voice vote, passed unanimously. 2. Roble moved that the minutes of the Hospital Board meeting of June 23, 1972 be accepted and placed on file; McCannon seconded. On voice vote, passed unanimously. 3. City Administrator Almquist read a letter from the Chamber of Commerce requesting permission to use the sidewalks for its annual Sidewalk Sale on August 4 and 5, 1972. Roble moved that the request be granted; Willstatter seconded; on voice vote, passed unanimously. 4. City Administrator Almquist read a request for sewer connect from Ponderosa Packing Company at 1287 Oak Street in Ashland, noting this was outside the City limits and did not fall within the provisions to allow such a connect. He recommended to refer the matter to the Finance & Property committee; Roble so moved; Willstatter seconded. Conklin questioned whether there was any urgency to the request; Almquist said he would check. On voice vote, passed unanimously to refer to a study session. 5. A letter from Gilbert J. Reno withdrawing his request for annexation of property situated on the north side of Highway 66, east of Tolman Creek Road, was read. In reply to Soderberg, Almquist stated no funds had been deposited with the City for the annexation request. No Council action was necessary. 6. The Mayor noted replies received from the U. S. Department of Transportation and Oregon State Highway Division relative to the City's request for funding of an additional freeway interchange and connecting roads. Soderberg pointed out the alternatives methods for funding, and felt the most feasible would be to request the County to put the connecting routes on the County secondary road system, thereby making additional funds available. Roble moved to refer the matter to the Streets & Traffic Committee; Soderberg seconded; on voice vote, passed unanimously. VI. UNFINISHED BUSINESS: 1. City Administrator Almquist briefed a memorandum relative to receipt of an application for special assessment of open space land from Dr. and Mrs. Stewart D. Johnson for land situated at 975 Walker Avenue pursuant to ORS 308.75S to 308.770 and recommended adopting procedures as outlined, referring the application to the Planning Commission, and amending the Zoning Ordinance to incorporate the O-S (Open Space) classification. McCannon moved to do so; Soderberg seconded. Some discussion ensued regarding details of considering such an application and City revenues and zoning. Willstatter, although in favor of open space lands, would not support such action "at the expense of other citizens" On roll call, passed with Willstatter dissenting. -3- ~ ~rned Meeting ASHLAND CITY COUNCIL July 11, 1 VI. VII. UNFINISHED BUSINESS (continued): 2. City Administrator Almquist gave the background of disposition of business license receipts in the past and proposed disposition. Willstatter requested the proposed Ordinance include reference in total to the original Ordinance. Almquist read, including the wording requested by Willstatter. Soderberg moved to pass to a second reading; Willstatter seconded; on roll call, passed unanimously. NEW & MISCELLANEOUS BUSINESS: 1. Almquist presented a recommendation of contract award for the electric system study, stating that three had been received. He then read a letter from Marquess & Marquess, consulting engineers, outlining reasons for awarding the contract to R. W. Beck & Associates of Seattle. Conklin moved that the recommendations belaccepted and the contract so awarded; Roble seconded. In reply to several questions from Soderberg, Almquist stated the amount had been budgeted (not to exceed $5,000) and would primarily cover losses and trouble areas, in addition to some system stYdies for immediate problems. He also noted the project was in two phases, and a separate agreement would have to be signed for a five-year study should the Council so desire. On roll call, passed unanimously, with Sodsrberg stipulating this to be a one-year study. 2. City Attorney Salter recommended a contract for codifying City ordinances be awarded to the Book Publishing Company, stating two companies had been contacted, and they seemed to have more interest in Ashland and wer~ from the Pacific Northwest. In reply to Willstatter, Salter noted this was to be completed within one year from the date the contract was signed, and would correct ~ny conflicts and inconsistencies in the present code. McCannon moved to accept the recommendation and so award the contract; Willstatter seconded. In reply to Roberts, Salter stated the last compilation had been done by the League of Oregon Cities a few years ago, but there was a problem in keeping it current. On roll call, passed unanimously. 3. City Administrator Almquist read a petition and letter requesting vacation of an alley between Scenic Drive and Alta Street, southerly of West Str~eto Roble moved that a public hearing be set for August 1S at 8:00 p.m.; Roberrs seconded, Almquist noted 100% of the abutting area had signed the petition, and 68% of the affected area, still over the amount required by State law. On roll call, passed unanimously. 4. The City Administrator then read a letter appealing a decision of the Planning Commission to deny a Zone Variance for property situated at the end of West Ivy Lane for access purposes (Ken Kudrna, applicant). Almquist stated the Planning Commission did not make findings in writing as to reasons for denial, and thus -4- ~ ~rned Meeting ASHLAND CITY COUNCIL July 11, 11 VII. 4. (continued) the proper procedure would be to refer the matter back to the Planning Commission before calling a public hearing before the Council to consider the appeal. Conklin moved to reverse the decision of the Planning Commission to allow the variance and call a Public Hearing for August 1~ 1972 at 8:00 p.m. Roble seconded. Mr. Kudrna, the applicant, said it was his understanding the Council could reverse the decision and have his Building Permit issued the next day. Salter explained the procedure and apprised~ the Council of a recent Appellate court decision on an Ashland ordinance, stating that the Planning Commission must make written findings so the Council would know of their reasons for denying the Variance. Considerable discussion on the technicalities of the Ordinance, provisions for widening the street in the future, and procedure ensued. Salter pointed out that, although there may be no controversy on this appeal, a future case could create problems. On roll call, passed with Soderberg dissenting. She stated she could not predetermine her vote before a public hearing was held. The Mayor read an appeal from a decision of the Planning Con~ission denying Conditional Use Permit No. 10S (Jack Erwin, applicant) proposing the construction of 90 apartment units in a C-1 (Retail-Commercial) Zone at 645 Telman Creek Road. Conklin moved to refer the matter back to the Planning Commission with instructions to make written findings of reasons for denial. McCannon seconded; on roll call, passed unanimously. City Administrator Almquist presented an item not on the agenda, but which had been received in time for the Council meeting, appealing a decision of the Planning Commission on conditions imposed for the Fowler-Wiley Planned Unit Development on Scenic and Grandview Drives. Roberts moved for a public hearing on August 1 at 8:00 p.m.; Willstatter seconded. The motion and second were withdrawn after some discussion.of the Council's flexibility in the matter. Conklin then moved to accept the decision of the Planning Commission in the matter; Soderberg seconded. Almquist pointed out there was a separate appeal procedure for Planned Unit Developments;City Attorney Salter read the applicable section of the Zoning Ordinance, stating that the Council could either take no action or refer back to the Planning Commission. The motion and second were withdrawn again. Mr. Stanford Dew, representing the persons in the neighborhood opposing certain aspects of the development, requested the letter be read to the Council. After some discussion, no action was taken until the Planning Commission was notified and a report received from them. -5- f ~rned Meeting ASHLAND CITY COUNCIL July 11, 1~ VII. VIII. NEW 7. & MISCELLANEOUS BUSINESS (continued): City Administrator Almquist read an appeal from a decision of the Planning Commission denying Minor Land Partition No. 178 (Jack Williams, applicant), on property situated 115 feet north of Nevada Street at Helman Street. He also read a memorandum from the Planning Commission and resented a map of the proposal, pointing out it created a substanSard, landlocked piece of property. Roberts felt the Council's decision should be based on the situation of the land at present, not whether land was dedicated for a street; he then moved to deny the variance and uphold the decision of the Planning Commission; Soderberg seconded. Roble noted the letter of appeal from Mr. Williams stated "...deeded, and it was excepted by the City, a piece of ground..." and felt it was the Council's understanding it should have read "...was accepted by the City .... " On roll call, passed with Willstatter lFfssenting. ORDINANCES, RESOLUTIONS 1. 2. & CONTRACTS: Previously acted upon. The Mayor gave second reading by title only of an Ordinance amending Ordinance No. 1S78, as amended by Ordinances No. 1587, 1704, 1718 and 1724, which concern parking limitations in the City of Ashland, and declaring an emergency. Soderberg moved for adoption; McCannon seconded; on roll call, passed unanimously. 3. The Mayor gave second reading by title only of Ordinances authorizing and ordering the improvement of: (a) CLAY STREET, from Mohawk Street to the south City limits; (b) COVENTRY PLACE, from Glendower Street westerly approximately 110 feet; (c) LINDA AVENUE, from Mohawk Street to Crestview Drive; and (d) CRESTVIEW DRIVE, from Park Street to the City limits; by constructing thereon curbs, gutters and paving; authorizing the assessment of costs of said improvement against property to be benefitted thereby; and providing that warrants issued for the cost thereof be general obligations of the City of Ashland. Willstatter moved for adoption; Conklin seconded; on roll call, passed unanimously. 4. City Administrator Almquist read a Resolution prohibiting parking on the westerly side of Granite Street between North Main Street and High Street in the City of Ashland and providing a penalty for violation. Soderberg moved to pass to second reading by title only, under suspension of the rules; Willstatter seconded; on roll call, passed unanimously. Almquist read by title. McCannon moved for adoption; Willstatter seconded; on roll call, ~I passed unanimously. S. Almquist read a Resolution transferring appropriations with the Hospital Fund, and also read a memor~Jidum of explanation from the Finance Director. Roble moved, under suspension of the rules, to pass to a second reading by title only; Conklin seconded; on roll -6- J ~rned Meeting ASHLAND CITY COUNCIL July 11, 1971 VIII. 5. (continued) call, passed unanimously. Almquist read by title. Roble moved for adoption; Conklin seconded. On roll call, passed unanimously. 6. City Administrator Almquist read a Resolution authorizing the expenditure of hospital monies from the Hospital Fund in excess of appropriations. Roble moved to pass to a second reading, under suspension of the rules; Conklin seconded; on roll call, passed unanimously. Almquist then read by title; Roble moved for adoption; Conklin seconded; on roll call, passed unanimously. At this time, Mr. Bud Silver of the Hospital thanked the Council for taking favorable action on the above two Resolutions, and informed them that the Screening and Selection Committee had begun receiving applications for a Hospital Administrator, since the recent decease of Phillip Huntley. 7. The City Administrator read a memorandum regarding application of a request for project funds to the FAA, stating that no City cash was involved in the improvement. It was noted the total cost of the project was $23,669, of which Jackson County donated $10,000, the Pilots Association pledged $1,000; federal aid was anticipated at $13,174. Willstatter felt force account work by City crews would take away from such things as street improve- ments. Some discussion ensued. Almquist then read a Resolution authorizing the submission of an application for federal aid in connection with the proposed airport taxiway, and authorizing the City Administrator to act as program agent. Roble moved to pass to a second reading by title only, under suspension of the rules; Roberts seconded; on roll call, passed with Willstatter dissenting. Almquist then read by title; Roble moved for adoption; Roberts seconded; on roll call, passed with Willstatter dissenting. Roble told the Council he had been contacted by residents on Crestview Drive and Park Street regarding a water problem, and detailed his suggestion for a possible solution using present water mains. City Administrator Almquist informed the Council the problem has been solved by adjusting the valving and we are now installing a booster pump to take water up to the houses, which are located above the summer water level. There being no further business, Conklin moved for adjournment; Willstatter seconded. The meeting was adjourned at 10:25 p.m., to the call of the Mayor. subject Respectfully submitted, '~IIJoseph M. Butler City Recorder /nck -7-