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HomeMy WebLinkAbout1988-1004 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL October 4, 1988 ROLL CALL APPROVAL OF MINUTES PUBLIC HEARINGS: Reconsideration of Decision on P.A. #88-080 (910 Mary Jane) Historic Building Demolition Mora- torium Mayor L. Gordon Medaris led the Pledge of Allegiance and called the meeting to order at 7:30 P.M. on the above date in the Council Chambers. Elerath, Reid, Williams, Acklin, Laws and Arnold were present. Acklin moved to approve the minutes of the executive session and regular meeting of September 20, 1988; Arnold seconded the motion which passed unanimously on voice vote. Planning Director Fregonese said the revised plans meet the code. Carlyle Stout, 31 Newtown, Medford, is representing Earl King, and said he met with the neighbors on Sept. 29 and they are comfortable with the plans. He said the visibility problem caused by the berm will be reduced and low ground cover provided. Mayor Medaris opened the public hearing and A1 Guthmiller, 929 Mary Jane Ave., said he has no problem with the design, and he wrote to the Traffic Safety Commission concerning cleaning up the corner for better visibility. Larry Zowata, 920 Mary Jane, approves of the design and thanked the Staff and builder for working with the neighbors. There being no further comment from the audience, the public hearing was closed. Laws moved to approve the revised plans (Plan B) including the four-foot intrusion into the front yard setback, and covered porches. Reid seconded the motion which passed unanimously on roll call vote. Mayor Medaris thanked the architect for his efforts. Fregonese noted the list of commercial buildings (Exhibit "A") and five binders of material which include the National Register, primary and secondary buildings (Exhibit "B"). City Admin. Almquist said the Council can consider demolishing the building on the Boyden property while the demolition moratorium is in effect. The public hearing was opened and Terry Skibby, 611 Beach Street, said the historic buildings are valuable and need to be protected. There being no further comment from the audience, the public hearing was closed. The ordinance was read. Reid moved to second reading and Elerath seconded. Laws asked about deleting the Boyden 10/4/88 P. i Regular Meeting Ashland City Council 10/4/88 P. 2 PUBLIC HEARINGS: Demolition Moratorium Appeal of P.A. No. 88-095 (Park Street) (Continued) property from the list and Reid amended the motion to include same; Elerath seconded the amended motion which passed unanimously on roll call vote. Councilor Reid asked that the Historic Commission attend a Landmarks List Workshop to be held in Ashland soon. The materials included for the record were noted: a letter of appeal from Harry S. Kieval, 740 Park St., legal notice for the August 24, 1988 Planning Commission hearing including area map, P.C. Findings and Orders, letter from T.I.D. of August 8, letters from the following property owners: Jim Brodeur, Mrs. Hakes, Blanche Hakes, Monte & Nan Jones, several from Harry Kieval, Living Opportunities; also a site plan and carport drawings and Planning Commission Hearings Board minutes of August 24, 1988. John Fregonese said the land was partitioned in 1980, the project has a 25' access and is zoned R-2. John McLaughlin, Associate Planner, addressed the issues raised in the letter of appeal from Harry Kieval as follows: at one point the distance between buildings is one foot short of code; there will be a catch basin near the flag drive to deposit run-off into the sewer system; there are no notable natural features on the land; the plans revision to include 53 parking spaces now meets the ordinance; bicycle parking was added as a condition as was screening the flag drive. A fence will be built along the property line to insulate neighbors from construction noise. On a question from Williams regarding Mr. Brodeur's concern of blocking his view, McLaughlin said there in no ordinace dealing with view protection. Reid asked if the sewer on Park St. was undersized and Hall said the sewer size is based on zoning, and State Law requires a minimum 8" line. He said based on the slopes on Park Street, there should be no problem. Bert Miles, 745 Park St., told of the number of existing apartments on Park St. and is concerned about the capacity of the sewer line. Dr. Kieval expressed concern about the height of the buildings and McLaughlin showed how heights are measured. Bob Mayers, 4890 Highway 66, Adroit Construction, said the original plans called for one large building, but they agreed to break up the design for aesthetic purposes. Mr. Miles is also concerned about shade trees in neighbors' yards being killed; and upheaval of yards from the projects' trees. He would like to see the speed limit on Park St. enforced. Mr. Brodeur, 1801 Siskiyou, feels the project needs another access. Dr. Kieval thinks there should be more parking. 10/4/88 P. 2 Regular Meeting Ashland City Council 10/4/88 P. 3 PUBLIC HEARINGS: Appeal of P.A. No. 88-095 (Park St.) Land-use Ordinance Amendments (Continued) Mayor Medaris closed the public hearing. Reid said 30 units is not compatible with the area. She would like to put off a decision until the sewer situation is looked into. Elerath agreed and feels the narrow access is not adequate for 30 cars and emergency vehicles. Arnold agreed with Reid and Elerath but will make his decision based on law. Reid is concerned about the safety of the residents in case of an emergency. McLaughlin said the Fire Department approved the plan and added fire hydrant requirements. Mayor Medaris reopened the public hearing on a request from Dr. Kieval, who said a flag drive can only serve two lots and this drive is serving four. He also questioned the legality of the Planning Commission hearing, at which time revised plans were substituted for the original plans. He urged the Council to reverse the Planning Commission approval and uphold the appeal. Fregonese said the lots were consolidated into one lot, and additional materials can be presented at an open public hearing. McLaughlin added that the current tax assessors map shows only one tax lot. Acklin moved to deny the appeal and uphold the Planning Commission decision with the conditions imposed, and request the Public Works Director to check on the sewer line capacity. Williams seconded the motion which passed on roll call vote as follows: Williams, Acklin, Laws and Arnold, YES; Elerath and Reid, NO. Mayor Medaris mentioned the number of appeals coming before the Council recently, and said the Planning Dept. Staff and Planning Commission are doing their jobs. Laws noted that some appeals are upheld for the better- ment of the community. John Fregonese reviewed the proposed fee changes and explained that $85,000/year is spent on code admini- stration, of which one-half can be recovered from fees charged by the type of hearing required. On a question from Acklin, he explained that a Type I requires decisions at staff level i.e. site reviews, partitions, minor variances; a Type II requires Planning Commission action i.e. conditional uses, apeals of Type I's; and a Type III requires a decisions by the City Council. The proposed increases are as follows: Type I - $150; Type II - $450; Type III- $1,000. Fregonese said these fees will be set by Resolution. He then explained the amendments to Sections 18.62.040 and 18.70.060. The public hearing was opened and there was no comment from the audience. Staff was requested to prepare the proper ordinance and resolution. 10/4/88 P. 3 Regular Meeting Ashland City Council 10/4/88 P. 4 COMMUNICATIONS, PETITIONS & REMONSTRANCES: Mistletoe Road A memo was read from Asst. Engineer Jim Olson Street Impr. concerning a petition for paving Mistletoe Road from Tolman Creek Rd. to the end of existing pavement. The City's share of $28,000 can be paid over the next ten years through the Bancroft process. Arnold questioned the City's involvement since the property is owned by Lininger Tru-mix. Almquist will report on a previous agreement at the public hearing. The resolution was read setting a public hearing for October 18, 1988. Arnold moved to adopt same; Laws seconded the motion which passed unanimously on roll call vote. (Ref. Reso. ~88-42) UNFINISHED BUSINESS: Public Access Channel Report City Admin. Almquist reported that the meeting regarding the cable t.v. governmental access channel had been postponed until October 17th. Reid asked if the individuals who spoke at the June 7, 1988 meeting had been notified. Staff will notify them. N. Mountain Ave. Paving A letter was received from Joseph Strahl, Jackson County Public Works Director, concerning the paving of N. Mountain Avenue. For information only, no action necessary. Status of Hargadine Cemetery City Attorney Salter reviewed his letter of September 26, 1988 which was included in the agenda packet, and suggested the State be requested to deed the cemetery to the City. There was general agreement to take this action in order to maintain the cemetery. Almquist will ask the Cemetery Superintendent for options and costs. Laws moved to proceed with contacting the State; Acklin seconded the motion which passed unanimously on voice vote. Planning Action Appeals Elerath expressed concern about the number of appeals from planning actions and would like the Planning Commission to review the land use ordinances. Fregonese said the ordinances will be reviewed, as it is a requirement of the L.C.D.C. NEW & MISCELLANEOUS BUSINESS: Mayor's Appoint- A memo from Mayor Medaris was read, requesting ments approval of the following appointments: Sara Walker, Mary Russell-Miller, and Susan Powell to C.P.A.C.; Gerry White to the Senior Program Board; and Bruce Stewart to the Street Tree Commission. Elerath and Reid expressed concern about appointing people who have not lived in the City very long. Arnold moved to approve the appointments, and Williams seconded the motion which passed unanimously on voice vote. 10/4/88 P. 4 Regular Meeting Ashland City Council 10/4/88 P. 5 NEW & MISCELLANEOUS BUSINESS: (Continued) L.O.C. Delegate Mayor Medaris recommended Don Laws, Council Chair, as the voting delegate to the League of Oregon Cities annual business meeting. Acklin recommended Reid as the alternate. All agreed. Grant Offer for Downtown Pkg. Impr. Arnold moved to authorize the Mayor and City Recorder to sign a grant offer agreement from the Oregon Dept. of Economic Development for downtown parking improvements. Acklin seconded the motion which passed unanimously on voice vote. PP&L Easement Pacific Power & Light Co. requested an easement for underground power lines and a transformer on lot 71 of the Greensprings Subdivision. Arnold moved to authorize the Mayor and City Recorder to sign same; Elerath seconded the motion which passed unanimously on voice vote. Mountain Avenue Paving Info. A memo was received from Public Works Director Hall concerning the paving of Mountain Avenue and a portion of Hersey Street. For information only, no action necessary. Pavement Cut - Liberty Street A request was received from the Water Quality Division to cut pavement on Liberty Street, which is under moratorium until 1991, to locate a sewer stub. Laws moved to approve the request and Acklin seconded the motion, which passed unanimously on voice vote. PUBLIC FORUM: No response. ORDINANCES, RESOLUTIONS & CONTRACTS: Skateboard Prohi- Second reading by title only of an ordinance prohi- bition in Lithia biting skateboarding in Lithia Park. Acklin moved Park to adopt the ordinance, Laws seconded the motion which passed unanimously on roll call vote. (Ord. 2471) PNB Telephone Co. Franchise First reading by title only of an ordinance approving a 10-year franchise with Pacific Northwest Bell Telephone Co. Copies of the ordinance were previously furnished in accord with the City Charter. Almquist reviewed his memo and the major changes to the franchise, one of which is a 2% increase in the fee. He recommends using $20,000 of the additional revenue for the City's share of implementing the Governmental Access Channel. On a question from Reid, Almquist said all new subdivisions require underground lines, and if a neighborhood converts to underground, Cooke Cable will also be required to do so. Zelpha Hutton, 59 Sixth St., asked if the franchise would permit disc 10/4/88 P. 5 Regular Meeting Ashland City Council 10/4/88 P. 6 ORDINANCES, RESOLUTIONS & CONYI~ACTS: (Continued) PNB Franchise antenna placement. Almquist said the ordinance covers the use of public streets and the distribution system, as opposed to the facilities or headquarters. Acklin moved to second reading, Arnold seconded the motion which passed unanimously on roll call vote. Almquist reported that a franchise with U.S. Sprint is being pursued. Sanitary Sewer Installation - East Main Street Almquist noted that bids on the installation of sanitary sewers on East Main Street between Wightman and the S.P.R.R. came in high, with the lowest being 13% over the estimate. Hall said letters were sent to the property owners requesting their input. Acklin said it is appropriate to delay the project, but is concerned about canceling it completely. Hall said the letters which have been sent include that option. It was agreed the ordinance would be delayed until the next meeting. Alley Improvement Betw. Garfield & Lincoln Sts. First reading of an ordinance ordering the improve- ment of an alley between Garfield and Lincoln Streets, North of Iowa Street. Laws moved to second reading, Acklin seconded the motion which passed unanimously on roll call vote. L.I.D. No. 59 Wrights Creek Dr. First reading of an ordinance levying special benefit assessments in L.I.D. No. 59 (Wrights Creek Drive). Williams moved to second reading, Laws seconded the motion which passed unanimously on roll call vote. Reeder Reservoir Sluicing, Agree. A memo was received from P.W. Director Hall requesting authorization for the Mayor and City Recorder to sign a Memorandum of Understanding with the Division of State Lands and affected parties concerning the sluicing of Reeder Reservoir. Hall said former Public Works Director A1 Alsing was instrumental in reaching the compromise with the affected agencies, and Staff recommends approval. Laws moved to approve request, and Arnold seconded the motion which passed unanimously on roll call vote. OTHER BUSINESS FROM COUNCIL MEMBERS: Sidewalk Require- Reid requested that a future agenda item be sidewalk ments installation requirements. Public Access Channel Reid asked about appointments to the Cable T.V. Access Channel Committee. Almquist said the ad hoc committee is working on it, and the minutes of the previous Council discussion will be reviewed to see who is interested in serving. 10/4/88 P. 6 Regular Meeting Ashland City Council 10/4/88 P. 7 OTHER BUSINESS FROM COUNCIL MEMBERS: Styrofoam Ban Laws requested copies of the ordinances from Suffolk County, NY and Berkeley, CA concerninn the banninE of styrofoam products. Elerath said the process of making styrofoam is the problem. Acklin said this material never decomposes and is a solid waste concern. Sidewalks at Glenwood Park Reid asked City Administrator Almquist to write to the Parks & Recreation Commission concerning the installation of sidewalks when the Lord Property is developed. Boyden Property Acquisition Reid made a motion to place acquisition of the Boyden property on the agenda, Acklin seconded the motion which passed unanimously on voice vote. A resolution was read determining the necessity for the appropriation of certain land for public use. This property will be used for the installation of a parking lot. Acklin moved to adopt the resolution; Reid seconded the motion which passed unanimously on roll call vote. (Ref. Reso. ~88-43) ADJOURNMENT The meeting was adjourned at 10:20 P.M. Nan E. Franklin City Recorder Mayor 10/4/88 P. 7