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HomeMy WebLinkAbout1972-0801 REG MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL AUGUST 1, 1972 III. IV. I. ROLL CALL: The regular meeting of the Ashland City Council was called to order at 7:30 p.m. in the Council Chambers, Ashland City Hall, by Mayor Charles McKeen; Councilman Roberrs was absent; Councilwoman Soderberg arrived later in the meeting. II. APPROVAL OF MINUTES: Willstatter requested that the minutes of the regular meeting of July 18, 1972 be changed on Page 6, second paragraph, to read: "Willstatter reminded the Council they gave the staff authorization to explore the possibility of funding; however, it came to the Council as an established fact, and he deplored the hypocrisy." Roble moved that the minutes as amended be accepted and placed on file; Willstatter seconded; on voice vote, passed unanimously. STANDING COMMITTEE REPORTS: (Deferred until later.) COMMUNICATIONS: Oral from the Audience Concerning Business Not Included on the Agenda Mr. Robert Forrest of Mr. Ashland Stage Lines, Inc. asked that the Council consider their company as applicant for an exclusive franchise to operate a taxicab service in Ashland. City Administrator Almquist recommended the matter be referred to the Public Service Committee,as an application for same had also been received from Messrs. Voris and Dedrick of Ashland, for study of the proper procedure to be followed under the existing ordinance and whether this should be amended and an exclusive franchise granted. Mr. Forrest gave background information on their company. Some discussion ensued regarding the granting of a license under Ordinance No. 1296. City Attorney Salter gave the opinion that this was strictly a licensing ordinance; therefore, it would not be possible to have an effective franchise. He also pointed out that, should the Ordinance simply be repealed and allow a business license to be obtained, it would also repeal the regulatory provisions on taxicab service. Roble moved to refer the matter to the Public Service Committee; Conklin seconded, and felt it should be expedited. Conklin then moved that the Council offer to return the $100 deposited for a license granted to Mt. Ashland Stage Lines, Inc., indicating the licensing ordinance may well be repealed and any license issued thereunder terminated, as well as a franchise ordinance enacted, giving exclusive taxi service rights to some organization. Willstatter seconded. Forrest stated he had been issued a license and was intending to operate the service until such time as the ordinance was changed. On roll call for the amendment: YES - Conklin, McCannon, Roble and Willstatter; Soderberg abstained. On roll call for the original motion: passed unanimously. The Mayor said the matter could be determined at aD adjourned meeting. McCannon set the Public Service Committee meeting for Monday, August ? at 2:00 p.m. in the Council Chambers. -1- lar Meeting ASHLAND CITY COUNCIL August 1, 19 VII . NEW 1. & MrSCELL~tNEOUSBUSINESS: At this time, a Public H~aring scheduled for 8:00 p.m. was opened by the Mayor to consider an appeal from a decision of the Planning Commission denying application for Zone Variance No. 1S2 to reduce frontage requirements concerning a lot located at the end of West Ivy Lane (Kenneth Kudrna, applicant). City Administra- tor Almquist presented a letter from Richard C. Cottie, attorney for the seller of the property, stating an agreement on property lines had been reached. Dr. Elliott MacCracken noted that new information ~as introduced to the Council since action was taken by the Planning Commission, but then spoke on some problems of City growth related to easements versus streets, noting the location of the property and access for police and fire protection. He felt easements work to the disadvantage of planning, and the City has regulations for a purpose. Roble pointed out fire equipment had the right, to save life and property, to cross any property. Conklin moved that the Zone Variance be granted and a building permit be issued; Roble seconded. On roll call, passed unanimously. The Kudrnas thanked the Council for their action. V. COMMUNICATIONS: Written City Administrator Almquist read a report from the Director of Finance regarding return of utility deposits after a one- instead of two-year period, noting the liberalized policy initiated by the Council in December of 1971 had no damaging effect upon either collections or decrease in interest revenue. Soderberg moved that the staff be directed to change policy regarding refund of utility deposits to a one-year period; Willstatter seconded; on roll call, passed unanimously. Roble moved that the minutes of the Hospital Board meeting of July 21, 1972 be accepted and placed on file; Conklin seconded; Soderberg noted some action was being considered by the Hospital to allow fathers to be present in the delivery room. On voice vote, passed unanimously. III. STANDING COMMITTEE REPORTS: A. Streets & Traffic Committee: Soderberg reported on an appeal from residents of So. Mountain Avenue for approval of substandard street width between Emma Street and the south City limits. The Committee wanted to find some means whereby the Council could order the street widened from the substandard 28 feet to 36 feet at a later date, at the property owners expense. Alsing noted the City currently had rights-of-way to 36 feet. Some discussion ensued as to -2- lar Meeting ASHL~WD CITY COUNCIL August 1, 1~ III. (continued) whether an agreement could be attached to a deed. City Attorney Salter expressed considerable doubt that it would be binding and effective on subsequent property owners. Almquist noted the assessment must be adopted by ordinance, and could not be billed for the additional widening under a separate ordinance. Soderberg then moved that the City enter into an agreement with the property owners to widen the street to 28 feet at this time, but to 36 feet at some future date when the City determined the need. She felt most people would honor such an amendment to a deed; Conklin seconded. On roll call, passed unanimously. The report on a proposed revision of traffic signal actuating devices at Wightman Street and Siskiyou Boulevard was deferred. Soderberg presented the question of establishing pick-up places for students along the boulevard, noting the staff had checked into the feasibility of locations and liability of the City, and proposed that one be established at each of the following locations: In front of the Ashland Library At the parking lot near the Student Union at Southern Oregon College At the "Petrol Stop" gas station across from the college Soderberg then moved that the Council authorize the staff to provide the necessary signing for pick-up stops as outlined; sec.By Conklin. Reble expressed doubt as to the City's liability in such situations. Willstatter did not feel this would change the hitchiking problem along the boulevard. Chief Hays did feel it might be beneficial, however. After further discuss- ion, on roll call: YES Conklin, McCannon and Soderberg, NO - Roble and Willstatter. Soderberg presented replies received from the State Highway Division and the State Speed Control Board on requests made by the City on several items. On Highway 99, the City's request for a 30 mph speed zone from Glenn Street to the SPRR underpass on North Main Street, which was denied; this request could be revised to a 30 mph speed zone from Glenn Street to Maple Street on the northbound lane of Highway 99 to still allow adequate'safety. ~. The Streets & Traffic Committee was agreeable to accepting therest of the State Highway Division recommendations on that section of the road. On Highway 99 South, it was recommended to accept the offer of 20 mph speed zones during school crossing hours at Walker and Telman Creek Road, but would like to reiterate the request for 30 mph zones on the balance of the Highway as previously requested. Soderberg noted the evaluations were done in June, after school had recessed for the summer. -3- lar Meeting ASHLAND CITY COUNCIL August 1, 19 III . A. 4. (continued) Soderberg noted the request for speed zones on Highway 66 had been turned down by the State Speed Control Board, and the recommendations would be accepted until such time as the construction is over and a re-evaluation made. She then moved to direct the staff to accept such recommenda- tions on Highway 66 and make other requests as outlined; Conklin seconded. Some discussion ensued. Conklin noted the new Adult Student Housing development would also generate more traffic. On roll call, passed unanimously. Soderberg presented a reply received from the Oregon State Highway Department regarding an offer by them to enter into a contract with the City to make deferred payments on the balance of construction on Highway 66. She then moved that the staff be directed to reply to the letter, saying the City was still interested in an extended or deferred payment program, but at the present time have no funds with which to enter into a contract, but would like to remain on the list until such time as the City can generate such funds. Conklin seconded. Willstatter felt improving the remaining section of Highway 66 would bring savings to the citizens. Conklin reminded the Council that TOPICS funds were now in jeopardy, although it was agreed such action would be a good idea. On roll call, passed unanimously. VI. UNFINISHED BUSINESS: Conklin moved that the report by the City Administrator concerning the adoption of an ordinance relative to the installation of underground utilities be deferred to the regular meeting of August 15; McCannon seconded; on voice vote, passed unanimously. V. COMMUNICATIONS: Written (continued) City Administrator Almquist read a letter from John S. Billings, requesting a quitclaim deed for Tax Lot 300, Map 391E5A, concerning abandonment of City septic tank facilities. The City Administrator recommended such a quitclaim deed, with the stipulation that the City reserve the right to use and maintain existing lines. Conklin moved to instruct the Mayor and Recorder to execute the deed; Soderberg seconded;on roll call, passed unanimously. At this time, Conklin presented a request from Mr. Fortmiller for a quitclaim deed for the City's portion of the wall near the walkway to the parking lot across from the Shakespeare Theatre, noting that Mr. Fortmiller proposed to improve and maintain the wall. He then moved that the Mayor and Recorder be authorized to sign such a quitclaim; McCannon seconded; on roll call, passed unanimously. -4- F ~.ar Meeting ASHLAND CITY COUNCIL August 1, 19' VIII. ORDINANCES, RESOLUTIONS & CONTRACTS: The underground utilities ordinance was deferred until August 15. The Mayor read the title of an Ordinance vacating a street (located southerly of Siskiyou Boulevard between Clay Street and Bellview Avenue) in the City of Ashland, Oregon, and declaring an emergency. McCannon moved for adoption; Conklin seconded. Soderberg was excused from voting; on roll call, passed unanimously. The Mayor read the title of an Ordinance vacating an alley located between Woodland Drive and Elms Street, east of Leonard Street, in the City of Ashland, Oregon. Conklin moved for adoption; McCannon seconded; on roll call, passed unanimously. VII. NEW & MISCELLANEOUS BUSINESS (continued): VIII. City Administrator Almquist presented bids received for street improvement construction for Clay, Coventry, Crestview, Linda and Oxford Streets previously authorized by the Council. Two bids were received: Rogue River Paving at $55,06S.35 and Tru-Mix at $62,492.80 (preconstruction estimate was $60,144.00). In light of the fact the bid from Rogue River paving was 8% below the estimate, Roble moved they be awarded the contract at $SS,065.35; Soderberg seconded; on roll call, passed unanimously. ORDINANCES, RESOLUTIONS & CONTRACTS (continued) 4. The Mayor read the title of an Ordinance authorizing and ordering the improvement of Granite Street, from the end of existing paving on Granite to Winburn Way, 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. Soderberg moved for adoption of the ordinance; Conklin seconded; on roll call, passed unanimously. At this time, the City Administrator presented findings of fact from the Planning Commission, as requested by the Council, on an application for Zone Change No. 37 (Pacific Empire Land Corporation, applicant). After some discussion, Almquist gave first reading of the ordinance amending Ordinance No. 1361, the Zoning Ordinance of the City of Ashland, to rezone certain property from R-i:B-8 (single-family residential) to R-3:2.4 (multiple-family residential) and declaring an emergency. McCannon moved to adopt the recommended findings, incorporating same by reference into the minutes (attachment "A"), and to pass to a second reading; Conklin seconded. Willstatter felt all applicants referred to the Planning Com- mission should be given equal treatment and brought back to the Council at the same time; Almquist noted there were no findings returned from the other attorney as yet. On roll call, passed with Willstatter dissenting. -5- ~egular Meeting ASHLAND CITY COUNCIL August 1, 2 City Administrator Alm~uist then presented an item previously deferred by the Council. McCannon moved that a contract for the 1971-72 annual audit be awarded to Tischhauser & Bubb, Certified Public Accountants; Soderberg seconded. Willstatter disagreed with the present wording of the proposed contract, stating it was like "signing a blank check", since no amount had been specified. Some discussion ensued, with the Mayor pointing out the firm would not do so on the basis of ethics, and that they agreed to notify the Council should anything unusual occur during the audit which would cause an overrun of the budgeted amount of $3600. Roble reminded the Council this firm was familiar with the City's accounts, whereas a new firm (or the State) would cost more simply because they were not. Conklin, who had originally suggested the State audit, felt the almost double cost by them would not be wise at this time. Soderberg then moved to amend the original motion to instruct the auditors to immediately notify the council if, during the course of the audit, it appears the costs may'~exceed.$3,~00 and to stat~ the reasonst~ere~or, ~cCannon seconded.. On roll call for the amendme~t, passed with.Willstattcr dissenting; on=roll call for the original motion, p~ssed with Willstatter dissenting. The Mayor then stated, since the staff had been so responsive to the matter of utility deposit refunds, he would like them to look into discounts for low-income persons (or those persons qualifying for street improvement assessment deferrals) and report to the Council if there was any reason why such a program should not be implemented. He noted there were some funds budgeted for the airport improvement which were not now needed, and these could be applied to the discount. Soderberg moved that the staff so report on the feasibility; Roble seconded. Some discussion ensued. Willstatter pointed out the Nevada Street Bridge could be completed (installed and street widened) and therefore alleviate this safety hazard, which was a one-time matter as was the funds being released from airport improvements. On roll call, motion passed unanimously. Willstatter asked that the editorial in The Daily Tidin s on Friday, July 28, 1972 be included in the minutes (attachment There being no further business, Roble moved that the meeting be adjourned to Tuesday, August 8, 19~2 at 7:30 p.m. in the Council Chambers; Conklin seconded; on voice vote, passed unanimously. The meeting was adjourned at la:00 p.m., subject to the call of the Mayor. /nck Respectfully submitted, Joseph M. Butler City Recorder -6- ATTACHMENT "A" REPORT OF FINDINGS AND RECOMMENDATIONS OF THE PLANNING COMMISSION REGARDING PROPOSED ZONE CHANGE NO. 37 (Pacific Empire Land Corp., Applicant) WHEREAS, Pacific Empire Land Corp., Applicant, proposes a planned unit development on the following described property situated in the City of Ashland, Jackson County, Oregon, to-wit: PARCEL Commencing at a point on the West line of Section 14, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon, which point bears South 0° 10' East, 56.0 feet from the Northwest corner thereof; thence South 85° 37' East along the Southerly line of a public road, 293.0 feet to the true point of beginning; thence South 0° 10' East, 100.0 feet; thence North 85° 37' West, 70.0 feet, thence South 0° 10' East 26.97 feet; thence West 227.28 feet to a point on the West line of said Section 14, which point bears South 0° 10' East 200.40 feet from the Northwest corner thereof, thence along said Section line South 0° 10' East, 303.20 feet; thence South 89° 57' East, 634.04 feet to the West line of Clay Street; thence along said Street North 0° 06' East, 196.24 feet to the Southeast corner of tract described in Volume 316, page 339, Jackson County, Oregon Deed Records; thence West, along the South line thereof, 140.0 feet; thence North along the West line of said tract, 213.31 feet to the Southerly line of said public road; thence North 85° 37' West along said road, 199.15 feet to the true point of beginning. Code 5-1 Account 391E 14B Tax Lot 3700 PARCEL 2: Commencing at a point on the West line of Section 14, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon, which point bears South 0° 10' East 503.60 feet from the Northwest corner thereof, as the true point of beginning; thence continue South 0° 10' East along the Westerly line of said Section, 226 feet; thence South 89° 57' East, 633 feet to the West line of Clay Street; thence along said Street North 0 03' East, 226 feet; thence North 89° 57' West, 634.04 feet to the West line of said Section, being the true point of beginning. Code 5-1 Account 391E 14B Tax Lot 3800 a planned unit, which is within the purposes for which said property was zoned R-3:2.4, and WHEREAS, the Commission further finds that, in order to provide such additional access to Faith Street, it is necessary to fezone the property described in proposed Zone Change No. 37 from R-I:B-8 to R-3:2.4, and WHEREAS, the Commission also finds that the proposed zone change No. 37 is consistent with overall objectives of the Compre- hensive Plan of the City of Ashland for the neighborhood in which said property is located, particularly in view of the changes that have occurred in the neighborhood, including the increased trend toward multiple family dwellings and the increased need thereof, the zoning of the above-described property R-3:2.4, and the widening of Highway 66 now in progress, and WHEREAS, the required public hearing has been held on said proposed zone change and no objections have been made thereto, and WHEREAS, the Commission finds that the public necessity and convenience and the general welfare require such zone change and that it is in th~ best interest of the City of Ashland that said rezoning be permitted. NOW, THEREFORE, THE PLANNING COb~ISSION OF THE CITY OF ASHLAND hereby recommends that proposed Zone Change No. 37 be approved and that Ordinance No. 1361 be amended to fezone from R-I:B-8 (single- family residential) to R-3:2.4 (multiple-family residential) the following-described property located in the City of Ashland, County of Jackson, State of Oregon, to-wit: Beginning at a point on the East line of Section 15 of Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, which point bears South 0° ]0'East 485.16 feet from the Northeast corner of said Section; thence, North 89° 59' West, 107.56 feet to the East line of Faith Avenue; thence, · North 3° 25' East, along said line, 22.5 feet; thence, Beginning at a point on the East line of Section 15, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, which point bears South 0° 10' East 497.16 feet from the Northeast corner of said Section; thence, North 89059' West 108 feet to the Easterly line of Faith Avenue in the City of Ashland, Jackson County, Oregon; thence along said line North 3© 25' East 80.0 feet; thence South 89© 59' East 107.56 feet to the East line of said Section; thence South 0° 10' East along said Section line 12 feet to the point of beginning. Adopted as of '~gular Meeting ASHLAND CITY COUNCIL August 1,1[~ ATTACttMENT "B" EDITORIAL FROM THE DAILY TIDINGS (Friday, July 28, 1972) ~ h vern fei',pf~t. ~:' !:! . it. asn~t-always heed so. :11a'e '~Cfi.tlcism'-'~-tl~.t! .were times ig/hehii~tT e~ this ~mounce~ ~ ~ ~as , wer~ flow journals~ are full .of.. Wbi~b :,pOrters wmild , be less serupulous abeut keeping their, to the ottm- r and fairness whaz they tell: audiences almut .!the world endorseanent ea~eates the i~: arodnd them.. prelsion ~that-: WorkillS newsmO~' Anythi thai .~d iufther lessen ~iSist'not'be ~,~z)s ee~ ,1~ me eo.~i~e~e ~ the .p~bne ~. the Feopl - : aJo tl, . ~. ,' ='.: ~ ~: -.,, .=.: -· them--do utmostt~withsrta~ The Guild ende~men's efee .~be-:Just at, and -7-