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.
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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.
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~ ~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
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~ ~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.
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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
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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
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