Loading...
HomeMy WebLinkAbout1983-0503 REG MINMINUTES OF THE REGULAR i~EETING ASHLAND CITY COUNCIL May 3, 1983 ROLL CALL & PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES PUBLIC HEARINGS REZONE SO. MT. (SO) Mayor Medal. is called the meeting to order in the Council Chambers at the C~vic Center at 7:30 P.M. on the above date after having led the Pledge of Allegia~ce. Howard, Reid, Dale, Laws and Smith were present. Acklin arrived moments late. City Recorder Franklin asked that the minntes be corrected on page 3, last paragraph to include the following: "Councilwoman Reid asked if proposed 24" line was entirely for growth and Public Works Director Alsing replied that ~t was not, since it was to replace the existing line through Lithia Park, which now serves the Northwest part of town." Smith moved to approve minutes as corrected; Reid seconded the motion which passed unanimously on voice vote. The C~ty Administrator read a memo from the Planning Department dated April 13, 1983 relative to rezoning the west side of the 300 block of South Mountain to R-3 snd noted that minutes, staff report and findings were attached. Attorney Glenn Munsell spoke on behalf of Robert Wright wh~owns two of the lots and noted that when drafting errors had been corrected, the zoning had been changed to R-2 arbitrarily without the benefit of the necessary findings, public input and other things necessary for zone change and said there is no reason in this case to reduce the density at this location. Rod Stevens of Southern Oregon State College said that the strip in question had been included in the S.O. Plan for the 80's and tbat the college does not oppose the two lots in question being zoned R-3 in that area. Stevens said that he would like the two lots (400 & 500) owned by the College remain in the S.O. Zone as R-2 for parking purposes and said the Swedenberg House is under consideration for renovation at a cost of approxi- mately $340,000 so would like the two lots to stay ~n the S.O. Zone and reiterated that the zoning of the Wright lots could be either R-2 or R-3 as far as the College is concernad. The public hearing was closed and Fregonese said there 'is very little difference in R-2 and R-3 because of the criteria set for R-3 saying that the cu~ come for use is about the same all things considered. After dis-. cussion Ack!in said she is not sure that she can go along with Planning Commission's recommendation because the neighborhood is essentially residential and she doesn't like to see the area forced into multi-family zoning. Laws reviewed the history of this zoning and said during planning for Comprehensive Plan that it was found that R-3 lots were inadequate and ~en Council tried to find more R-3 the neighborhoods didn't want it so that it was made less demse Laws added that this was one area Council decided to make R-3, and there was an error in the map and tbat Council has consistently thought it sboutd be R-3 because ~t borders on areas where R-3 would not be a negative fact{}ro Laws moved to change to R-3 except for Lots 400 & 500; Howard seconded the motion. On roll ca! the mOtfOP passed with Howard, Re~d, Dale, Laws and Smith voting in favor; Acklin opDosed ~he measure. 5/3/83 P. 1 PUBLIC HEARINGS cent. 700 Hillside Acres Mayor Medaris set down ground rules for the public hearing asking that three minute testimony be accepted and that Council would check out the areas for proposed use on a field trip and mske a decision at a subsequent Council meeting, probably at the May 17 meeting. The City Administrator reveiwed the background of the'hillside zoning proposal and said thst Findings & Orders dated Jan. 26, 1983, Minutes of the APC meeting of January 26, 1983 and minutes of the APC meeting of February 23, 1983 had all been made available to Council before this meeting. Almquist said the Planning Conmission started work on the proposal last July. Planning Director Fregonese outlined the actions of the Planning CommissioD in recent months to formulate a workable criteria for the development of the hills because of recent interest by people interested in moving into a more natural environment. Fregonese said that the Planning Commission has been working for three years to draw up ordinances that would permit and regulate development in the hilly, wooded areas and to decide where no development would be appropriate. Fregonese said that Performance Standards Gu~de- lines for residential development which permits more flexibility development schemes and the Physical Constraints Ordinance which deals with erosion, slope failure etc. have helped in this planning process but the arrival of topographic maps of the area have really pointed out uses for lands previously considered undevelopable. Fregonese said that the Planning Commission, CPAC and citizens had gained a better insight into the hillside area possibilities after a series of field trips into the area. Fregonese reconm~ended that Council check the areas out on a field trip and make a decision at the next Council meeting. Fregonese said that Area 1 lends itself to urban development more than the other two areas saying the slopes are not too steep and the availability of services and access are possible to the develop- able areas. Fregonese said the hillside areas had been zoned low density because they didn't know what else to do with them. Freg- onese said that a waterline maintenance road could be developed to be used for a collector street for the upper level for that part of Ashland. Fregonese described Area 2 as having steeper slopes and less desir- able for development (50% slopes) and fire hazards exist because of the madrone, oak and manzanita growth. Fregonese said that a new water line is going up into that area which will serve N. Ash- land but that sewer and water availability were l~mited to Granite Street. 5/3/83 P. 2 Regular Meeting Ashland City Council 5/6/83 P.3 PUBLIC HEARINGS coat. Hillside Acres Fregomese reviewed Area #3 saying that it has been the subject of recent controversy because of its poor access and lack of services and that a water moratoriu~ has been placed on the area because of the need for getting water to the higher elevations and other servi- ces necessary before more development beyond the nine service con- nects already allotted occurs. Fregonese reviewed a nature trail system which might be developed which is already being used and said that consideration in the future could be given to the concept of developers dedicating land for the nature trails similar to the Greenway being developed. Fregonese showed where Rural Residential zoning was changed to single family residential above Orchard Street and ether changes from Rural Residential to Woodland Residential etc Fregonese summed up his review by saying that the 700 acres would be capable of providing 939 units and the total demand is 1545 by the year 2,000. Fregonese said the area would call for more expens- ive homes. Fregouese said that land with a 40% slope is not being considered as buildable. The Planning Director said the Planning Commission has worked for eight months to develop the information and recommended that two weeks be taken to come to a decision on it. Fregonese reviewed anticipated traffic impact and said the traffic on Gresham may double or triple. Reid asked if this street would be~idened and Fregonese said that question had not been discussed. Director of Public Works Alsing expressed his continued concern relative to services in the upper reaches of the area and said water would have to be brought up by pumping stations and there may be a question of who is paying for the power at that time. Otto Kannasto, 219 Granite asked if his two lots'between the quarry and Strawberry Lane would be affected by the zoning proposal being discussed and was told by Fregonese that it would not affect his property. Roger Kauble, 173 E. Hersey, representing Developers Prickett and Lewis said he was amazed to find there is developable land in the hillside area being discussed and that some of it is less than 30% slopes. Kauble said his clients are concerned that half of the property is zoned Rural Residential and 5.2 acres are in Woodland Residential. Kauble said he had a letter from Alsing saying that water is available and there doesn't seem to be a sewer problem. Ka~ble added that the roads will have to be built. Dave Lewis said they had problems during earlier meetings pertain- ing to access by people from Long Way but that Long Way will not be necessary for aacess. Lewis submitted a letter from Oscar Johnson representing Long Way residents supporting the development proposal and asked that it be made part of the record. Lewis also made available letters from several individuals and realtors interested in building or purchasing lots in the development to illustrate need. Lewis said of the 31½ acres 25 will be used in low density and most lots will be 10,000 sq. ft. and surrounded by woodland are 5/3/83 P, 3 PUBLIC HEARINGS Cont. Hillside Acres cont. Mark Cooper reported progress on his Lithia Park Viilage project and cautioned Council to take a long look at the zoning proposed for economic purposes and said that due to certain criteria and constraints he has found his project to be less thaa an economic success. Cooper recommended that a committee be appointed to study zoning of hillside in light of economics. Fred Wilkin, California Street, expressed concern over proposal saying the City should be careful in carving out the mountains and suggesting that consideration be given a small area at a time as needed. Gary Prickett, 2300 Morads Lane, said that the property above Long Way has been zoned several different ways and now with the help of topo maps, not only will planning be simpler but hopefully zoning can be designated permanently. Prickett urged that Council approve zoning to maximum density and added that he doesn't expect development all at once now but that the time will come when the area is developed and in the interim it should be permanently zoned for the security of those willing to invest for future devel- opment. Prickett said that there are lots of lands not develop- able now but that shouldn't affect zoning. Jack Newton, 139 Ilersey Street, criticized the zoning process as proposed saying that there is v~cant space in the Hersey area and he doesn't see any new zoning there. Newton said he doesn't under- stand the theory of people coming in and. ~uying up land and plan- ning the future of other people. Newton, said thst the use of slopes are not planning/zoning process hut an engineering process and that a home could be built and cantilevered over a slope etc. Newton cautioned Council Dot to zone by whim and suggested that unzoned lots all be made 6500 sq. ft. and let the property owner pay for services on his own and said it isn't fair to decide than after someone buys property that it isn't useable for some reason or other. Dick Burnham, 809 Beach Street, said he called attention to the Planning Commission of the potential of the trail being considered for natural development and added that the trail along the ditch to the South is equally attractive for an urban trail for_considera- tion at a later time. The Mayor set a field trip for Friday, ~y 6th at 2:30 P.M., and invited the public to attend. All interested persons were instructed to meet on the Plaza at the above time for carpoolin~ to the area in question. The Mayor continued the public hearing until May 17, 1983 at 7:30 P.M. 5/3/83 P. ,~ CABLE TV FRANCHISE PUBLIC HEARINGS cont. Finance/Public Works Depts The City Administrator reviewed the basic features contained in the revised franchise by noting that it grants a non-exclusive franchise, requires free hookup to all City and school buildings, grants the City a hold-harmless clause should legality status be challenged (Ordinance); requires quality of signal and service standards be maintained; requires pay station if requested by Council, requires 35 channel capacity with 3 reserved for public access and that system be continuously upgraded to the latest "state of the art" etc. Almquist added that undergrounding will be required unless Council approves installation of new poles and/or overhead structures, that theft of service or tampering be limited to facilities outside the structure being served, that facilities not removed within 120 days of termination of fran- chise become property of City, that maps be continually updated and that financial statement be prepared by a C.P.A.~ and that thefranchchise fee will be based on the maximum permitted by Federal Regulation, but less than 3% nor more than 5% and that premium TV be included and all new services after 3-year grace period. Almquist said that justification for rate increase more than the rest of Rogue Valley must he given; the duration of the contract is 20 years etc. Reid asked if McCaw Communications would make equipment available and Almquist said they would not but that part of the fees realized from the franchise could be placed in a fund to be used for that purpose. Mayor Medaris opened the public bearing. Carl Oates, 351 Granite Street expressed concern over cablecasting programs and recommended that the City look at the quality of programming which reaches into the living room and its effect on teenagers etc. The City Attorney said that the City's not in a position to have a choice because of censorship laws. Robert Collins, 581 E. Main Street recommended that City require that McCaw Communications supply equipment for live and taped pro- grams and that City require compatible systems so individuals could connect. Almquist said those were valid points but possibly pre- mature and deferred questions to Cal Cannon of McCaw. Cannon said a network for the whole Valley is contemplated for the future but to install in Ashland alone would be costly to the consumers. Reid asked if the franchise can be renegotiated after it has been passed and Almquist said it cannot with the exception of rates. The City Administrator gave second reading by title only. The public hearing was closed at this point and Howard moved to second reading, Smith seconded the motion which passed unanimously on roll call vote. The City Administrator read a memo relative to functions of the Finance & P~lic Works Departments and the Mayor opened the public hearing. No response. First reading by title only was given the ordinance. Laws moved to second reading; Acklin seconded and the .motion passed unanimously on roll call vote. 5/3/83 P. 5 51:3183 F. , PUBLIC HEARINGS cont. Electric Rate Scbedules City Administrator A]mquist reviewed the Electric Rate Schedule saying that the schedule calls for an increase of 27% from Bonni- ville Power which rate should hold for two years. Almquist said for the past two years the rates have been for one year only. Almquist noted details and costs of the Nuclear Plants which are being passed on to consumers. Almquist said that our commercial rate increase of 21% still leaves us lagging PP&L commercial rates by 6%. Almquist said that the ~ncreased rates for the average residential customer will be approximately $3.95 per month for 1,000 Kwb. Almquist said there will be a Resolution later on agenda. Mayor Medaris opened the public hearing. David Lampe, Coastal Dynamics official said he had spoken to the. City Administrator and ]earned tbat our rates are less than PP&L's and that fact didn't impress him. Lampe said that he em- ploys fifty people and the 21% rate increase is 9~% of his costs. Lampe said if he were a manufacturer he would think twice before coming into Ashland and that the increase should be shared equally by everyone. Lampe said he can't cut his rant or other costs so that he is fac~ with laying people off if both residential and commercial were raised 14~% the result would be the same revenue-and it would make a big difference to people in business. A1 Willstatter, 128 Central asked if B.P.A.'s wholesale price stays the same, will our rates stay the same and Almquist said he would hope so. Lois Wright, 503 Morton, expressed concern over the electric rates and asked if there is any way we could produce our own electricity. Laws said we are looking into hydrageneration now and have partici- pated in a wind generation effort, but otherwise are pretty much locked into BPA rates. Acklin said the only other alternative would be to buy electricity from PP&L and there would be no finan- cial advantage to that. A lady from Carol Street suggested an educational program for energy conservation and was told to call the Energy Conservation Department in the City for information. Jack Nicholson, 1575 Greenmeadows agreed to the testimony of people who find it difficult to pay for electricity and said the City of Ashland has regresslye tax structure that depends on the sale of electricity in its budget and is concerned that the impact on low income group fs supporting the more affluent consumer. Nicholson recommended that the City consider a study to see if present fee structure is fair to all of the people. The public hearing was closed at this point. Laws said that what Nicholson said is essentially correct but the total bill is less because the property tax is less due to the system we are using and added there is no way we could get the people to vote in favor of a raise in property taxes. Laws said we are logked into this method we are using. ......... continued 5/3/83 P. 6 Electric Rates cont. Street Tree Comnittee Lupine Drive Paving Request Reid noted the electric rates are of the highest in Oregon and with the raise people will be hit hard. The City Administrator said the electric rates are high but the combination of electric and property taxes is among the lowest. The Resolution raising electric rates was read and Acklin moved to adopt; Laws seconded the motion which passed unanimously on roll call vote. A draft of the Street Tree Committee Ordinance was presented and Serena Lin~ gave the background of the proposal saying it evolved from the Arbor Day group for the protection of trees and ss~d a Natioual Tree Planting Holiday for promotion and protection of our urban forest in the Rogue Valley because of our air pollution is being planned. Linde called attention to the value of trees for keeping homes cooler etc. and said a master street plan is needed and will be done by the proposed committee. Dale said that Council might study the draft ordinance and it will appear on the next agenda for action. Peter Giffen asked if he could address the issue at the May 17th meeting and was told he could. A letter and map from Vince Oredson were read requesting permission to improve Lupine Drive with 22 feet of paving as opposed to the usual 36 foot street. Ore,dson said he was interested in a savings but also concerned for aesthetics in the area. Howard asked Ored-- son if he hadn't considered the need before applying for the ease- ment he was grant in the summer of 1982 and Oredson said he is aware of the 36 foot standard street specs but thought he would bring the matter up at this time. Alsing said there is quite a lot of land out there and recommended the street be kept to 36 ft. for future development. A representative from the Homeo~rners Association said if avezy other street is 36 ft. wide why shouldn't this one be and said the street is constantly wet because of its location and vehicles will slide back and forth on ice and that there are lots of children in the area. She also said that they don't want the cars parking on Greenmeadows. '7 . 7,, c Ilse Nicholson noted that the N~t-~rrat Conservancy created will attract people and there will be no place to park vehicles. Nicholson said the plans were accepted with a 36 ft. street, hear- ings were held and any change now would result in a serious credi- bility problem. Elizabeth Brown. 2310 Lupine Street, said the street will serve only three residences and she doesn't care how wide the street is. Jean Blackburn, 1630 Greenmeadows Way asked who would maintaiu the grass/landscaping 8 ft strip and said she is not interested in doing so. She said the Association is not taking care of ~t and said she saw a draft of Oredson's annexation and he had told bar he plans to build condominiums and she saw the plans. Blackburn said Oredson wants 22 ft. jn the center so he can install water ........ continued 5/3/83 P. Lupine Drive Paving CPAC Memo Mistletoe Road Project Liquor License Public Forum lines up there and she opposes the request for 22 ft. street. Reid said she sees this proposal as a step away from safeguards developed through the planning process and moved to deny; Acklin seconded the motion. Laws said he doesn't understand all of the requests for changes and said the street shouldn't have to be wider than is necessary unless more development is expected. Laws suggested the narrow street with parking bays, and added that most of the problem seems to be a neighborhood situation where people are unhappy. Reid said the Homeowners Association has spoken for the neighborhood and Council should listen to their input. On roll call Acklin, Howard, Smith and Reid voted to deny. Dale and Laws opposed. Motion carried. A memo from CPAC was read and three items considered. Item A - relative to SB 418 was discussed and Laws moved to send a strong letter of support to Legislators and Jackson County Commissioners (copy) and Reid seconded tile motion which passed unanimously on voice vote. Item B - to appoint members to subcommittee on Growth Management/Annexation Policies was considered and Ackiin and Howard volunteered for the committee. Smith said she would parti- cipate whenever possible. Item C - was discussed relative to proposed sale of land within City Watershed by the Federal govern-- merit and Laws moved to oppos~ sale to private individuals and that letters be sent to the Federal government to this effect; Reid seconded the motion. Dale sa~d if the Government wants to get rid of the ]land the City of Ashland should purchase it if possible. Alsing said that the Forest Service has a new program which necessitates the City's getting a special use permit and recommended that ]and under and around Reeder Reservoir be pur- chased as well as the Pistol Range area. Mayor and Council agreed and Alsing was directed to research the possibilities. Council also directed that staff wrfte to Congressman Smith. Deferred. Liquor license request by David & Adelaide Welasquez for Dave's Restaurant was considered and Recorder Franklin noted the Police Department approved application. Howard moved to approve; Acklin seconded the motion which passed unanimously on voice vote. Historic Commission Chairperson Barker read a letter from the Historic Commission requesting opportunity to review C~ty Hall exterior renovations etc., before further work is done. Laws said he would like to see a master plan developed also for tile interior of City Hall. Reid said no more awnings should be purchased in the interim. Fred Wilkin, 93 California complained that cats are killing the young ducks in Lithia Park and asked that the cat problem be studied and that the feasibility of trapping and/or licensing of cats be stud~ed. ttoward suggested the matter be taken up with the Parks Commission. .......... continued 5/3/83 !'. 8 ORDINANCES, RESOLUTIONS & CONTRACTS Industrial Park Revenue Sharing Ord. Off-premise Billboards Construction Moratorium Lien Search Fees Rezoning 700 Acres Rezoning W/Side Mt. Ave McCaw Communications Franchise Finance/Public Works Operating Second reading by title only was given an Ordinance amending the legal description for the Industrial Park Annexation at 1-5 Free- way and West Clover Lane. Laws moved to adopt; Smith seconded and the motion passed unanimonsly on roll call vote. Second reading by title only of an ordinance was given electing to receive State-shared revenues and Laws moved to adopt; Acklin seconded the motion which passed unanimously on roll call vote. SeCond reading by title only was given an ordinance repealing Munc]]pal Code Sections 18.50.130 and 18.96.140 relative to off- premise billboards and declaring an emergency. Laws moved for adoption; Smith seconded the motion and on roll call all voted YES. Second reading by title only was given an ordinance establishing a moratorium on new construction in Northwest Ashland and declar- ing an emergency. Acklin moved for adoption; Smith seconded the motion. On roll call vote []oward, Dale, Acklin, Laws and Smith voted in favor of the moratorium and Reid opposed. Second reading by title only was given an ordinance regarding certificates of lien search and increasing fees and Acklin moved to adopt; Laws seconded the motion which passed without opposition on roll call vote. Deferred pending field trip results. See public hearing - page one. See page five for adoption of ordinance. See page five for motion after public hearing. Special Election Hydroelectric Bond Issue City Funds Investment A resolution calling for a Special Election for the reinstallstion of a hydroelectric generator was read in full. Laws moved for adoption, seconded by Smith, and on roll call vote passed unanimously. A Resolution providing for the investment of City Funds was read and Howard moved to adopt; Smith seconded the motion which passed unanimously on roll call vote. 5/3/83 P. 9 k~ular Mc;e :[ng Aah]a~d City Council 5/3/83 Donated Funds Expend. Electric Rate Schedules Res. Transfer of Approp. with Funds (Parks & Rec.) PRESS CONFERENCE ADJOURNMENT Nan E. Franklin City Recorder A Resolution increasing revenue estimates and authorizing the expenditure of donate~ funds was read and Smith moved for adoption Reid seconded the motion which passed unanimously on roi1 call vote. See public hearing and motion to adopt on page 7. The Resolution transferring appropriations within funds was read and Laws moved to adopt; Acklin seconded the motion which passed without opposition on roll call vote. Mark Howard of the Medford Mail Tribuae asked what the percentage increase was on last year's electric rates and was told 27%. The meeting adjourned at 11:00 P.M. L. Gordon Medaris Mayor ih 5/3/83 P. 10