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HomeMy WebLinkAbout1990-0424 CONT MTGMINUTES OF CONTINUED COUNCIL MEETING ASHLAND CITY COUNCIL April 24, 1990 ROLL CALL Mayor Catherine Golden called the meeting to order and led the Pledge of Allegiance at 6:08 P.M. on the above date in the Council Chambers. Reid, Williams, Acklin and Winthrop were present. Arnold and Donovan were absent. EXPENDITURE OF BIKE FUNDS Williams noted that RVTD agreed in principal, but still have some Iogistics to work out. Medford, Jackson County and Ashland are the three entities involved. Waiting to hear from Medford. Won't start until a year from now. Winthrop asked if this would come from the recently approved 20 cents additional tax on utility bill and Williams said there was enough money available from the 1% gasoline tax. Williams moved to authorize expenditure of $2,000 from Bike Funds for RVTD bus racks and Acklin seconded. The motion carries unanimously on roll call vote. PUBLIC FORUM Open and closed without comment. ORDINANCES, RESOLUTIONS & CONTRACTS Peachey Road/Paradise Lane Annexation - Second reading of an ordinance annexing a contiguous area of the City of Ashland and providing for an effective date. Acklin moved to adopt and Winthrop seconded and motion passed unanimously on roll call vote. Second reading by title only of an ordinance rezoning certain property from Jackson County RR-5 to City of Ashland R-I-10-P and RR-.5-P. Winthrop moved to adopt and Acklin seconded and the motion passed unanimously on roll call vote. Second reading by title only of an ordinance adopting an amendment to the Ashland Comprehensive Plan Map from Single Family Residential to Open Space and Low Density Residential. Acklin moved to adopt and Winthrop seconded and the motion passed unanimously on roll call vote. Swimming Pool Ordinance - Second reading by title only of an ordinance adding a new Chapter 10.32 to the Ashland Municipal Code pertaining to Swimming Pools and Public Safety Requirements therefore. Reid said she had a call regarding the 3' height not being high enough and should be 4'. Also had a call on pool covers, and Salter said they are an acceptable alternative. Can go to 48" but 36" is prevailing standard. Acklin mentioned Sunset magazine article about child proofing swimming areas. Williams moved to adopt ordinance and Acklin seconded and the motion carried unanimously on roll call vote. Ashland Loop Road - Second reading by title only of an ordinance authorizing and ordering the improvement of Ashland Loop Road from Viewpointe Terrace Subdivision Easterly to the end of pavement, reconstruction of the intersection of Ashland Loop Road and Morton Street, and Ashland Loop Road from end of pavement near Morton Street approximately 100 feet South, by constructing curbs, gutters, asphaltic paving and storm drains; authorizing the assessment of cost 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. Winthrop moved to adopt the ordinance and Williams seconded and the motion carried unanimously on roll call vote. U.S. West Communications - First reading of an ordinance amending ordinance granting a franchise to U.S. West Communications, pursuant to H.B. 3000. AImquist referenced his memo dated April 16 regarding the Franchise Amendment Required by HB3000. He also read the ordinance. Winthrop noted legislature was mandated with respect to telephone in 1989 session. Tax now broken out separately, 3% franchise fee; City had 5% franchise fee, difference shown on customer's bill as City tax. Now new tax shows as 7% City tax. Because of much smaller service base allowed to tax, we would be electing approximately same amount of money, $100,000/year. Citizens will see increase from 2% to 7%. Almquist asked Council to approve and adopt by May 15. Have to have ordinance by July 1, 1990 or no more revenue. Legislation effectively appeals all franchises. In time crunch, effective June 15 if approved. Acklin suggested doing a press release to explain to public why increase shows. Also recommended a utility bill insert in June. Turner said this, as well as electric and water, need to be explained. Acklin moved to adopt ordinance and Willlares seconded. The motion carried unanimously on roll call vote. Ashland Airport Fees - Resolution setting fees at Ashland Municipal Airport. Williams moved for passage of resolution and Reid seconded. The motion carried unanimously on roll call vote. OTHER BUSINESS Letter from Lowell Smith indicates he is still under impression that a proposed trail is on his driveway. Map adopted puts it on ridge. Acklin suggested Fregonese clear up the matter with Smith as soon as possible. Continued Meeting - Ashland City Council - April 24, 1990 - Page Two UNFINISHED BUSINESS Open Space Parks element of the Comprehensive Plan and Resolution relative to funding limitations and land acquisition policies. The question of condemnation in order to acquire land was raised. Acklin said she fully supported not using condemnation. Fregonese made two points concerning methods of acquiring land: 1) try to acquire land but not prevent development if owner unwilling to sell, and 2) design park land and prevent development unless city does not have money for acquisition. Policy #2 basically explains this on page 14 and he diagramed that on the blackboard. Reid asked how he would address the resolution? Fregonese said we are not going to force someone to sell their land, but policy will determine how to develop designated land. Almquist said the resolution strictly dealt with the condemnation clause and not land use regulation. Fregonese stated that the general public fear is not loss of developability but of being forced off their land. Reid asked Salter if Council adopts this resolution, would a future Council have the power to appeal resolution. Salter said yes. He felt Council needed to give explicit direction for strict enforcement of the resolution in order to accomplish the goals of the open space program. Designated property needs to be clarified as open space with P-overlay tacked on to current zoning. City says they won't condemn but an unspoken reduction in investment happens when zoned open space. Williams noted draft minutes of last open space meeting (4/17/90) quoting Rick Harris to say that P-overlay is "downzoning". In Policy #2, the word "discourage" development (rather than prohibit) sits with him much better. Winthrop wanted to clarify procedure since motion to adopt map was made and seconded at last meeting but no vote taken before midnight. Did motion die because they ran out of time? Salter said they could carry over the motion or withdraw it. Winthrop expressed need to bring parcels in at~vaFious ~mes ef sale (intent of Policy #8). He felt it best not to try to get in the way of individuals already handing over property. Need to make restrictions so we don't have a completely voluntary program. Regarding the wording on page 14 of Policy #2, it was recommended to change "prohibit" to "discourage". Acklin felt "discourage" is a weasel word, that "we can't enforce it". There was a question as to whether or not Reid saw the entire video of the prior meeting and therefore could vote. She did and Salter said this was a legislative hearing and not a quasi- judicial hearing so her vote would count. Reid said she didn't want Council to weaken plan so it's of no use to the community. Salter interpreted Fregonese's proposal to leave zoning as is and City has right of 1 st refusal. Fregonese added that if the owner doesn't want to sell the open space designated land but wants to develop himself, City could try to buy another parcel of equal value and offer to swap lands. Fregonese stated that the value of land is not the total profit you can get out of it, rather the assessed (market) value. There was discussion of who the unwilling seller is and whether we have right to make him move? The Mayor responded no, but when it goes on market, City wants to be able to compete with developers. Acklin noted that the P-overlay designation will act as a signal so development would not take place. Continued Meeting - Ashland City Council o April 24, 1990 - Page Three Fregonese suggested giving the City the option of buying parkland prior to development by providing purchase for exchange of equal land reflecting the parent zoning. This could be reflected in Policies #2 and #8, which wouldn't permit development until City can purchase it. If the owner was ready to develop tomorrow, and City doesn't have money, they should release land (#8). Acklin recommended Policy #8 with second sentence stricken and see if it doesn't do what we want. Council agreed. Fregonese said also strike "attempt to" so that it reads "City will permit". Michelsen said most people's concern is what Council considers a "reasonable amount of time" and should be stated specifically in ordinance. Fregonese suggested about four months and Council agreed on six. Acklin asked if that could be put into policy and Salter said it was very appropriate. Willlares referred to policy #9, "requirement" of commonly used trails being preserved... change to "encourage"? Golden said the idea is to keep new houses away from the trails and encourage distance, a buffer zone, between development and the trails. Fregonese added that for future development, existing trail areas will be kept in common open space and developed around. He suggested language... "Consistent with protecting privacy of adjoining properties." Acklin reiterated, "location of housing be such that privacy, when development occurs, be adjacent to trails." Fregonese said to take out the word "development" and say "subdivision". Winthrop suggested and Council agreed to the following wording of the last sentence in Policy #9, "Encourage commonly used trails across private property be preserved when subdivided or partitioned consistent with preservation of reasonable privacy of existing dwelling." Regarding Policy #4, it was recommended to encourage school partnership and add back the old school/park descriptive terminology from existing Comp Plan. Golden said Arnold was concerned that the wording didn't allow for friendly condemnation (a good way to avoid capital gains tax). Salter noted the City can purchase land on time and give them tax free interest which is of greater financial benefit than avoiding the capital gains tax. They also avoid the regulation that they reinvest in two years. Golden emphasized that existing wording eliminates all kinds of condemnation, favorable or unfavorable. She said we had to look for more creative ways, i.e., low interest loans to compete with L.A. developers. Brian noted that Parks Commission would have to agree on condemnation so with a stated no-condemnation policy from Parks and the City Council, property owners have a "double" protection. The Mayor noted if future councils want to rescind the no-condemnation policy, it must be done with a public hearing. Acklin emphasized that a repeal would be as extensive a process as its adoption. Hugo Halpert, 1037 Canyon Park Drive, noted that the plan is a schematic plan only. He was disturbed because he didn't understand the plans and Council was making decisions without realizing what the plan actually is. Existing plan is not detailed enough, it is a working plan, only conceptual. He asked Fregonese if he could define any piece of land that he references on the drawing adjacent to the trails. Specific property boundaries are not exactly defined. Halpert is concerned about trails opening easements to the public and the resulting liability. He said he heard a Councilor say (last Tuesday) there would be no liability to the City. He stressed that in order to actually adopt the proposal, Council needed legal descriptions. The Mayor indicated that legal tax lots were on the map with a P-overlay for areas designated as parks, but not for conservation areas, i.e., trails. Continued Meeting - Ashland City Council - April 24, 1990 - Page Four Halpert said he was afraid to buy anything because the City could change zoning at any time and decide to put a P-overlay on it. He specifically said the Homeowner's Association of Canyon Park Village Subdivision does not want the trail shown on the Open Space Plan but would maintain the path and provide it for everyone who has used it up to now. Winthrop asked Fregonese to verify if we are currently specific in our listings of properties and Fregonese said yes on the acquisitions but no on the easements because the trails have to be flexible. Fregonese suggested deleting the trail from the road (i.e., Canyon Park Drive) to the creek bottom (Clay Creek). The Council agreed. Tom Pyle, Parks Commissioner, spoke to indicate total support for the program, and the Parks Commission hopes to meet to vote on it soon. Mayor left meeting at 7:30 P.M. Williams moved to adopt policies as amended and Winthrop seconded; unanimous on roll call vote. Williams moved to adopt the resolution on condemnation and funding and Winthrop seconded. Almquist read the resolution for the record. Motion carried unanimously on roll call vote. Regarding the Plan Map, Winthrop moved to adopt maps with proposed change to delete trail on Clay Creek. Council asked Pam Barlow to clarify Clay Creek trail location on map and Acklin amended motion with changes on trail from Canyon Park Drive to Black Oak and include the deletion on Clay Creek. Winthrop seconded and the motion carried unanimously on roll call vote. ADJOURNMENT - 7:40 P.M. jil~urn~eT-,z; for_._ -,--. Acting City Recorder Catherine M. Golden Mayor Continued Meeting - Ashland City Council - April 24, 1990 - Page Five