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HomeMy WebLinkAbout1981-0317 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL March 17, 1981 ~ PLEDGE OF ALLEGIANCE: After leading the Pledge of Allegiance the meeting was called to order 7:30 p.m. on the above date at Hillah Temple and all members were present. APPROVAL OF MINUTES Dale moved to approve minutes of the regular meeting of March 3, 1981 and Howard seconded the motion which passed unanimously on voice vote. MINUTES OF BOARDS Acklin moved to accept minutes of boards, commissions and committees and Laws seconded the motion which passed unanimously on voice vote. BESWICK WAY IMPROVE- MENTS PETITION The City Administrator read a memorandum from Allen Alsing, Director of Public Works reporting that 70% of the property owners signed in favor of forming an improvement district to dedicate and improve an undeveloped portion of land which will become an extension of Beswick Way. Almquist noted that there is a resolution setting a public hearing later on agenda, LITHIA HOMES PET- ITIONS - GRANITE ST. A memorandum from the Planning Director was read covering the issues of a moratorium requested in submitted petition and likewise for the matter of rezoning requested by petition. Almquist covered the criteria necess- ary to satisfy LCDCand asked Planner Fregonese to elaborate on steps and alternatives in proposed changes in Comp Plan. Fr~gonese reviewed the technicalities relative to the "compelling need for moratorium" and rezoning alternatives and Dale moved bQth mattea be referred back to the Planning Commission; Howard seconded the motion. Laws suggested that should the Planning Commission recommend changes in the Zoning Ordinance it may not be necessary to have ~ moratorium if the wooded/steep slope area were rezoned. PlannerFregonese said they will be adding to the development standards and at present they do not have an ordinance to deal with development on steep slopes. Bill Moore, 518 Granite, submitted 179 additional names to the original petition carrying 369 on the moratorium proposal and submitted a letter for the record giving background of moratorium/rezoning .and their feel- ings about development of the area of Granite Street. Moore cited a change in zoning done by staff proposal without the notification process of property owners involved in the area. Moore stressed the impact a development would have on Lithia Park and Ashland Creek and asked that time be given for research before allowing any development. On roll call vote motion to refer both issues on Lithia Homes back to Planning Commission passed unanimously. MT.RANCH SUB. TRUCKING City Administrator Almquist read a letter from Mr. Ranch Homeowners ex- pressing concern about ongoing logging truck traffic on Greenmeadows Way and Tolman Creek Road and asked that four major questions on the issue be considered by Council. A memo was read from the Director of Public Works saying that one truck a day could use the street over a period of twenty years without damaging the street etc. . .... continued 3/17/81 P. 1 j!~l~tlj. ar bicctin5 Ash] and City Count [1 31181BL. TRUCKING cont. ROTARY CLUB EASTER EGG HUNT NOISE ABATEMENT Heat pump/Harrison St. SOSC SURPLUS PROPERTY Eric Wallbank truckdriver from David Gibson Company said he has been cut- ting and moving timber for Vince Oredson et al and that Oredson had dis- cussed the logging plans with the Engineering Department relative to the durability of the streets and received permission from A1 Alsing, Dir- ector of Public Works and approval by the Police Department which depart~ ment was not aware of load limit ordinance. Wallbank said that Oredson's engineer had designed Greernneadows Way and it was learned that Green- meadows would take two fully loaded trucks a day without damage. Wall- bank said they started ifi good faith and would like to finish the job as there are only about 30 more loads to be taken out and added that the timber is perishable. On Dale's question as to whether there is another route they could take, Wallbank said the only way would be Park Street and that it is too steep. Wallbank said that he likes to stagger Grips so that tGz much damage is avoided during the winter months. Andy Running said he had inspected the area and a terrible job is being done and wondered who would be responsiBLe for cleaning up the debris. Wallbank said the 'area must be cleared by the State Foresters. Donald Engelking said he had counted as many as six trips a day. Howard moved to allow completion of logging job with no more than three runs per day and to be done in reasonable length of time; Laws seconded. Councll agreed that staff should check on condition of roads at end of project for damage/ debris. On roll call motion passed unanimously. A request for temporary closure of Winburn Way on 4/19 for Easter egg hunt read and Laws moved to approve; Peterson seconded and the motion passed unanimously on roll call vote. A letter from Edward Hancock was read requesting consideration of noise abatement due to heat pump installed at 195 Harrison Street and a petit- ion was submitted with twenty-one signatures of nearby residents. A letter from Bob Voris, owner of the home at 195 Harrison was read which included a letter from Kennedy Fuel outlining decible levels at various locations near the installation. Voris' letter included a promise that lattice work was recommeneded to buffer the sound and that he plans to implement in a short period of time. Mr. Hancock spoke requesting removal of heat pump, described the noise problem experienced on twenty-four hour basis and played a tape to fur- ther illustrate the impact on general well being of himself and those others clustered in a dense neighborhood situation. Staff was directed to get decibel level information from the Department of Environmental Quality and the Environmental Protection Agency and their recommendations, if any, in dealing with buffering etc. of sounds on such devices. A gentleman in the audience mentioned the fact the the pump is several feet inside the setback. Jim Smay said h~ has a heat pump but they turn it off at night to avoid the noise and suggested a timer be put on the unit. Howard suggested that if it has to be moved that landscaping be added to buffer sound to some degree. Jim Martin of Morton Street asked if the heat pump can be turned off and the City Administrator said he would talk to Voris. Laws moved to postpone action until information is in as directed; Peterson seconded and the motion passed unanimously on r~ll call vote. Laws moved to notify SOSC of City's' interest and wait for appraisal; Acklin seconded and the motion passed without opposition on roll call. 3/17/81 P. 2 _ lj__e2[u. lar Meet j [~g Ashland City Co unci1 3/!9 BUILDING MORATORIUM ACTIVITY FEDERALLY ASSISTED HOUSING APPROVAL AIRPORT COMMITTEE TREE REMOVAL LANDURA PARK SIDEWALK REPAIR DELINQUENT ASSMTS. PUBLIC FORI~f Planner Fregonese reported on the status of building in the moratorium area/southeast AShland saying that 9 permits had been issued, two homes completed and that by Summer some projects will have expired. Fregonese said the Moratorium hasn't had any negative effect on the building indus- try. Mrs. Spring spoke from the audience saying that she was caught between getting approval for a flag lot and the moratorium. Spring said she started proceedings of minor land partition before the moratorium and now has two lots but cannot get a permit for building because of the moratorium. Spring said she wants to build a small home for herself and offered to drill a well which provide water which she said is plentiful. Fregonese said the ordinance would have to be changed to allow Spring to build. Mayor Medaris said request could be considered after water bond election. A letter from the U. D. Department of Housffng was read requesting findings approving the proposed low cost housing project known as Sun Village Apartments where twelve units will be built and Laws moved that City reply by saying we have no objection to the project; Dale seconded the motion which passed unanimously on roll call vote. A request for additional work at the Ashland Airport which had previously been outlined and discussed in a study session with C~ty Council was read from the Airport Committee and Peterson moved ~o approve; Ackiin seconded the motion and it passed unanimously on voice vote. A memorandum from the Director of Finance was read reviewing need for tree removal and giving locations and conditions and the City Administrator said he would consult with a horticulturist, Peter Giffen to confirm the need. Laws moved to approve; Peterson seconded and on roll call, all YES. City Administrator Almquist reviewed the Landura Park situation on Clay Street relating certain legal ramifications and suggesting that in the interim (before settlement) the City should give low maintenance to the Park to preserve it until it can be deeded over. Almquist said he would get a dollar amount upon the return of Parks Director Mickelson from vaca- tion and present it at the next meeting. A memo was read from the City Attorney suggesting that thirty (30) day requirement for repairing sidewalks be amended to read "such period of time as determined by the City C0uncil'7. sims moved to approve and dir- ected Staff bring back an ordinance; Laws seconded and on voice vote motion passed unanimously. A letter from City Attorney Salter was read relative to.delinquent assess- ments and Almquist requested permission to write a letter to people urging that they bring their assessments up to date or face a lien on their property thus beginning a collection process. Howard so moved; Sims seconded the motion which passed unanimously on roll call vote. A request by Shakespearean Festival for application approval of a liquor license was discussed and Howard moved to approve pending report back from Police investigation; Sims seconded the motion which passed unani- mously on vqice vote. 3/17/81 _ll~e~!~lar Meeting Ash] and City Council 3/17/~j~ ORDINANCES, RESOLUTIONS CONTRACTS OCCULT ARTS ORD. After a few brief moments of discussion Almquist gave first reading and Councilman Laws requested on page one of the proposed Occult Arts Ordin- ance that the word "other" in 6.32.020 (third line) be stricken. Peterson said she feels uncomfortable with the ordinance and wonders why all businesses don't have to be investigated and suggested they do. Acklin recommended the O~dinance be given first reading before further discussion. The City Administrator gave first reading of the Ordinance. Michael Lever took exception to the words "unscientific and unsound" as found in 6.32.020. Tammy Yates asked why this type of activity would be any different that opening up an ice cream store. Laws explained that some things take an investigation and some don't and cited the need to investigate/license taxi cab drivers, solicitors etc. Almquist ex- plained that if there is no criminal record the applicant will get a license. Discussion ensued on the word "pretense" is used describing practices. James Kelly asked Council what their fear is and Laws explain- ed Council is in the middle and necessarily the decision making body and that the ordinance does not hurt anyone. Lorraine Jarvi, 565 Allison asked what caused the Ordinance to be written in Ashland and other Oregon cities. Tim Scovotti suggested that pers6ns interested in doing related businesses could find another City in which to operate. Sylvia Schecter spoke in opposition to the ordinance saying the City is going beyond it's scope of responsibility. Yates said you would have to ask all religious bodies to pay a business license fee. Brian Jarvi wondered why we need regulati6n. Dick Cottle supported the Ordinance saying the nature of the subject matter is one of dependency relationships not unlike that of a doctor, psychiatrist, attorney etc. and they all need to be licensed and it is difficult in the event of fraud etc. to work on a case after the fact which could have been precluded by initial investigation. Cottie added that any relationship is not the same sort of thing as buying an ice cream cone or a pair of shoes. Donald Engelking said that even a vacuum cleaner salesman needs a license and there is a consunler protection law now give people three days to change their minds on any sort of pur- chase/contract agreement which illustrates a need to protect citizens in any type of business where money/services are rendered. Jim Maynard made suggestions for modifying the Ordinance including change in 6.32.020 to include just a period after "hypnotism" - in the third line of 6.32.040 he would like he/she; and in B Section of 6.32.040 he asked that "criminal record of any type" be amended to include only specific infractions; and asked in 6'.32.060 both #2 and 3 of Section A be made more specific. Almquist explained that the "criminal record of any type" would allow people to know whether they were qualified for a license ahead of time. Mayor Medaris expressed surprise that Maynard would have input into the ordinance and wondered where he got his information and Peterson said she had been in contact with Maynard. Peterson said she had many calls and had taken time to be part of the committee and came up with proposed ordinance but that she feels uncomfortable with it and feels it is discriminating and therefore can't support it. Mayor said he had a problem in that one side had input and the other hadn't. Julia Linebarger, 140 Alida, said there are problems anticipated and there is no proof of any problem to base need for the ordinance on, and they are being considered a cashalty before any accidents. Laws said that there are guidelines for taxi drivers and solicitors and this doesn'l mean they would be misusing license but a built-in protection. OCCULT ARTS ORD. Gene Skid~el said he was disappointed to see active input from the opposite side after he had been denied the opportunity to serve on the ad hoc committee and that he was shocked to see Council's apparent lack of concern for what the 500 citizens who signed the petition wish to see in their con~unity. Laws moved to second reading and the motion died for lack of a second reading. Peterson requested that the original ordinance in process of being repealed and tabled before second reading be placed on the next agenda for that r'eading. SYSTEMS DEV. CHARGES City Administrator Almquist gave first reading of the Systems Development Charges Ordinance and gave background relative to the need/growth and urged Council to implement ordinance with emergency clause so that a flurry of requests could be avoided in the interim. Sims moved to add emergency clause and passed to second reading; Laws seconded and the motion passed unanimously on roll call vote. STATE SItSRED REVENUE A memorandum from the Director of Finance was read and first reading given an Ordinance electing to receive State Revenues and Sims moved to second reading; Peterson seconded the motion which passed unanimously ou roll call vote. BUSINESS LICENSE FEES Second reading by title only was given an ordinance amending Business License Fees and Laws moved to approve; Howard seconded and the motion passed unanimously on roll call vote. BESWICK WAY IMPROVEMTS A Resolution setting a public hearing concerning improvements of Beswick Way was read and Sims moved for adoption; Dale seconded and the motion passed without opposition on roll call vote. CRESTVIEW STOP SIGNS A Resolution locating stop sigps on Crestview Drive at Park Street was read and Acklin moved for adoption; Peterson seconded and the motion passed unanimously on roll call vote. CAB FARE INCREASE Almquist read the resolution amending the taxi cab fare and Laws moved to approve; Acklin seconded the motion which passed unanimously on roll call vote. RESOLUTION ORDERING SIDEWALK REPAIRS Almquist read a memorandum from the Director of Public Works with attached list of properties involved and read a Resolution directing the City Administrator to issue notices of sidewalk repairs pursuant to Sec. 13.04.060 of the Ashland Municipal Code. Medaris mentioned that previously the City had agreed to pay 50% of the costs of the bikepath sidewalks and suggested that such policy b.e committed permanently; Laws so moved; Peterson seconded and on voice vote, all YES. Laws moved to adopt the Resolution; Sims seconded the motion which passed unanimously on roll call vote. CITY OFFICES 27~ N. Main Lease Renewal Deferred until April 7, 19'81 meeting. LANCE PUGH LEASE ODDFELLOWS ACCESS Almquist reviewed the Lance Pugh Lease saying that the proposal includes two entrances and also an additional ten year option. Laws moved to authorize Mayor's and Parks Chairman's signatures; Peterson seconded and the motion passed unanimously on roll call vote. _j~j~_g_ular Meeting Ashland City Council 3/17/81 P. 6 MAYOR'S APPTS. Mayor appointed Karen Smith, Alan Itazelrigg, Dean Phelps and Tim Scovotti to the Citizens Planning Advisory Committee. Laws moved for approval; Sims seconded the motion which passed unanimously on roll call vote. MONTHLY REPORTS Sims moved to accept monthly reports for February; Acklin seconded and the motion passed without opposition on voice vote. LIAISON REPORTS PROCLAMATION Almquist noted that in the past he had reviewed and then sent legislative information to Council but the task at this point is overwhelming because of the ntm~ber of bills and said that the representatives/committees take more credence in hearing from elected officials. Medaris appointed Laws, Dale and Howard to assist with research and follow-up. Medaris read a proclamation on the "Week of the Young Child" and Mayor so proclaimed the week of April 6th for the above. ADJOURNMENT The meeting adjourned at 10:55 p.m. with a reminder that there would be a meeting the next evening at 7:30 p.m. at the hospital. Nan E. Franklin L. Gordon Medaris City Recorder Mayor ih ~e: March 17, 1981 Ashland City Council Petitions for rezoning and building moratorium for upper Granite Street area. We strongly question the present status of the -5 and 2.5 acre Rural Residential zoning on upper Granite Street. Most of the half acre zoned property is as steep as the 2.5. This was all zoned 4.5 previously and no good reasons have been given for the zone change. The rezoning was apparently done arbitrarily by one person as a staff proposal. No written notice was given to nearby property owners, even those within the boundaries of the zone change. It was clear at the December 17 meeting that no one on the Planning Commission or From the Planning Department was aware of how or why the change had been made. Although apparently not illegal, we believe that our rights as property owners to be notified of such a drastic potential zone change were violated. The area on upper Granite and Glenview is unique both because of its proximity to Lithia Park and Ashland Creek and because it is in a narrow canyon, Also many homes are built on small streets and easements behind frontage lots'with all traffic flowing onto Granite Street. There is still a lot of this land available for building, much of it is less steep than the proposed development. This should be considered in the overall planning for the future. We believe that it would be very desirable to have that land steeper than 40% put into a protective zoning area of 5 acres or more. We also request that this steep land not be acceptable for use as density credit in developing. We ask that a building moratorium be called for the area in question pending the completion and approval of a Comprehensive Plan.