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HomeMy WebLinkAbout1980-0520 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL May 20, 1980 ROLL CALL APPROVAL OF MINUTES PUBLIC HEARINGS Nezla Street Vacation Ballew P.U.D. PA 80-18 Mayor PricketE led the Pledge of Allegiance and called the meeting to order on the above date in the Council Chambers. Phelps, Sims, Ragland, Laws and Hamilton were present. Medaris was absent. Phelps moved to approve minutes of the regular meeting of May 6, 1980 and Ragland seQonded. Motion passed unanimously on voice vote. Public hearing on a proposed vacation of an unopened portion of Nezla Street, easterly of Linda Avenue, was opened and there was noresponse from the audience. The Mayor closed the public hear- ing and the City Administrator said there is an ordinance later on the agenda. A letter was read from Calvin Martin, architect for Sun Ridge P.U.E to appeal approval by the Planning Commission of six instead of seven units as applied for. Almquist also read a memo from the Planning Commission reporting it voted 9-0 to approve six units with fifteen conditions. Submitted for the record were Findings and Orders of the Planning Commission for the meeting of April 9, 1980, Planning Commission minutes for April 9, 1980 and Staff Repqrt for the same meeting and applicant's findings. Planner Fregonese reviewed the application and showed the site plans and the modifications made on recommendations made by Planning Commission. Mayor Prickett opened the public hearing. Mike Marding, 2956 Barbara Street spoke in opposition saying that neighbors submitted petition against development in its entirety and still feels the whole concept poorly planned. Cynthia Dion, 148 Ohio, said she owns property immediately adjac- ent to proposed development and asked that structures be kept to one level to protect her options when developing herlproperty in the future, and urged Council to deny appeal. Richard Roberrs, 2934 Barbara Street, said he would lose his view and expressed concern for traffic generation and fears the units will be used as rentals saying they may be difficult to sell due to the nearness of the storage facility in full view of units. Mayor Prickett closed the public hearing and turned discussion to Council. Ragland expressed concern over the P.U.D. section of the ordinance saying the P.U.D. concept should not be used on property less than five acres in area and that anything less changes the intent we had when the ordinance was drawn up. The Mayor said we are seeing more P.U.D. applications since the ordin- ance on condominiums was adopted. Council agreed that a meeting with the Planning Commission on the subject should be held as soon as possible and asked that Fregonese and Almquist make necess- ary arrangements. L~ws moved that appeal be denied and that find- ings be accepted; Sims seconded and the motion passed unanimously on roll call vote. 5/20/80 P. 1 FRegular Meeting Ashland City Council 5/20/80 P. DEVEX/SHAPIRO P.U.D. A memorandum was read from the Planning Commission dated March 10, 1980 requesting annexation and zone change of 13.6 acres west of Tolman Creek Road between Hwy 66 and East Main St. as applied for by Hank Hampton and Steve Shaprio. The Planning Commission recommended approval with twelve conditions and CPAC also approved by vote of 10-1 of development. Findings and Order~ of the Planning Commission for February 13, 1980 meeting; six page staff report, minutes and findings were submitted and made a part of the record. Also for the record was a letter read from Robert Peterson who owns property at Ashland Street and Tolman Creek Road asking that a fifteen foot wide buffer be planted to maintain aesthetics of area and absorb noise etc. Almquist advised Council that the two issues for consideration would be that the applicants are agreeable that annexation and R-2 Zone designation be approved and then become effective at such time as the Public Works Director would certify that total development of the project will not reduce water pressure below acceptable standards for all purposes. The second issue according to Alm~ quest would be that annexation would become effective upon receipl of plans and specifications to assure purpose of annexation is fulfilled. Staff Report was reviewed giving criteria for pro- posed annexation in urban growth boundary, services available, need to be contiguous to City and public need. Fregonese gave analysis of rental needs which show even more rentals needed than the development will make available. Hank Hampton describedLthe prdperty as that which Meister had proposed to build a mobile hom~ park and reviewed the construction and site plans with buffer to protect privacy of Heitz property. Hampton described the 8 foot wide bikepath planned on west side of Tolman Creek Road and the bus stop shelters for Rogue Rapids Transit service. Hampton requested that the entire development packet be included into the record. Hampton said it is unfortunate that the water pressure problem has developed and they are anxious to get a commitment now because of the many months and dollars spent to get to this point saying the time factor is most important. Hampton said the sewer is in the street and the water main will have to be extende~ some 600 feet from Hwy 66. Hampton said the project would make homes available to people in the medium price range or reasonable rent and once again asked consideration of the proposal. Vicki Neuenschwander, 455 Tolman Creek Road, said the facts that were given were misleading and things have changed since the meet- ing of January 9, 1980. Neuenschwander said that services avail- able in the area now seem doubtful and that annexation should be postponed and said the condition of Tolman Creek Road should be considered (showed pictures of the road etc.) and doesn't under- stand why a few property owners should have to pay for improve- meats necessitated by the P.U.D. She went on to say there is no guarantee that area will be served by Rogue Rapids Transit in vie~ of the shaky financial condition of the district at this time. Neuenschwander said that 1/2 road and 8 foot bike path planned to go through the project only isn't going to have any beneficial effect on others.. As far as rentals are concerned, Neuenschwande~ 5/20/80 P. 2 ReSular Meeting Ashland City Council 5/20/80 P. 3 DEVEX cont. said she has researched ads in the Daily Tidings since last Decem- ber and there have been an abundant amount wihout considering the availability of the 64 unit HUD project which will be opening soon Neuenschwander said the area is completely surrounded by County lands and in this case it is connected by only a fence post. She presented a petition signed by the property owners of agricultural ].and and noted the site proposed for development was also agricult ural until the top soil was scraped off. The goals outlined by L.C.D.C. were reviewed by Neuenschwander who said that three of th findings were shaky, and pointed out that many people are concerne about these actions throughout the City, not just the TCR area. Wallace Shaffer of 1971 Dead Indian Road said it looks like a won- derful project but feels it will be in the wrong location. Wanda Stacey of E. Main Street asked what price range the rentals would run and agreed with Shaffer that the project looks like a wonderful project but planned for the wrong location. Hampton guessed the units would rent in the $250/350 bracket for town- houses, and $350/400 for fourplex units. Stacey said it is one of the last areas where cattle and gardens can be raised and would like to keep the area for this use. Mayor Prickerr said he shares her concern but told Stacey many people are envious that people have land for gardens when they don't even have a home. Robert Green, 350 Tolman Creek Road, agreed with Neuenschwander an~ said he can't understand why the proposal had changed after facts and figures had once been presented, and added there is nothing to back up such information. Bill Robertson asked Fregonese what his understanding of the mean- ing of'hontiguous" is and Fregonese answered the land has to touch at one point or along a line. On the question sewer and ' water being adequate, Alsingsaid there was problem in the distribL tion lines and that a study has been done on the issue. Robert- son recommended that Staff not consider annexation until the Dir- ector of Public Works says service is available. Robertson then asked Alsing if recently installed 12" line could be used to supply water for the P.U.D. and Alsing said it can be used partly but will not solve the problem referred to. Robertson said he is not against the annexatfon but would like to see a development co~ imposed. Mayor Prickett said there are many homeowners in Ash- land who live in a home serviced by the financial efforts of a property owner preceeding them and that a systems development is not a simplistic approach to the problem and is a complicated system Which would present many factors to be addressed. On question as to how long the project will take, Hampton said fr{ three to five years and would be done in phases. Mike Harding suggested the developers may be just ~ying for annexation and construction may not come to pass as presented, and added that it isn't low cost rental property. Neuenschwander said that six residences will have to pay for the road and they don't/wouldn't use it that much. Mayor Prickett closed the public hearing. Robertson asked Hampton if some of the water from the 12" line would be used for his project. Hampton said it might and Roberts! 5/20/80 P. 3 ,~C~UXa:L ~ne, euxng ~ksaxanc~ k, luy ',,ounclJ, J/Z(3/80 P. DEVEX cont. bfINUTES OF BOARDS ETd. ST. CLeF FOR REPAIR LIQUOR LICENSE REQUESTS Oak Tree Restaurant Mark Antony Hotel Ashland Country Store PUBLIC FORUM 2 - r~ asked him how he would feel about paying part of the cost of that pipe for the project. Hampton said they will have to pay for set ice from Highway 66. Ruth Greene of 350 Tolman Creek Road said that the computation of needed rentals would differ in Ashland because of the many colleg, students who rent for nine months and then leave and some go to school for a term and then leave. Greene said she feels as thoug] she is being forced out and her health wouldn't take the bulldoz- ing operations etc. She wondered how the row of houses will look among the cows and that it is spot zoning. Greene added that Fel, ger will probably have to cyclone fence his pond. Greene said was a student of art and can't imagine this whole plan and that it is ruining the rest of her life and possibly others who have enjoyed their country atmosphere. On Hamilton's question as to when the results of the water system study will be in, Alsing said probably the first of July. Alsing said at that time problems can be identified and solutions sought and that Council will prioritize alternatives. Laws said he is in favor of the project and feels it fills the need as he had envisioned ~en the area was designated. Almquist suggested that offer to have Public Works certify approval to go ahead be made as a condition as agreed to by developers. Phelps recommended that the matter could be sent to the public for a vote since bonding may be necessary to get an adequate system, and said it is spot zoning and not reasonable progression. Sims mo~ed to table until Staff reports results of water s.tudy and alternatives for consideration; Ragland seconded and~on roll call all YES. Ragland moved to accept minutes of boards, commissions and com- mittees as submitted; Phelps seconded and the motion passed unanimously on roll call vote. C P National notified that gas leak was repair at 944 Mary Jane Street which necessitated cutting street at that address and Ragland moved to place notice on file; Phelps seconded and on voice vote, all YES. Gearald Allen requested consideration of transfer of liquor lic- ense for Oak Tree Restaurant in the absence of all infomation being available to the Police Department at this time and sug- gested approval on temporary basis for that reason. Ragland moved to place on agenda; Phelps seconded and on voice vote, all YES. Ragland moved to approve on temporary basis; Phelps seconded and on roll call, motion passed uBanimously. Deferred for lack of information. Liquor License application was considered for Ashland Country Store as submitted by Jack Dean and Betty West and Laws moved to approve; Hamilton seconded and on roll call, all YES. Bill Robertson asked City Attorney Salter if he had examined 5/20/8o the proposed annexation to see that it meets legal requirements and was told by Salter that he did not check it as he had not been asked to "'.b- ertson said. he would like to see the City Council withdraw adoption he Greene Annexation and Electrical Rates ordinances acted on at the May 6, 1980 meeting. Wi~urn Way Parking UNFINISHED BUSINESS Realtor's Sign City Administrator Almquis6 asked Councii permission to do some stripping of Winburn Way to get 25 parking spaces for band members and Sims moved to place item on agenda; Laws seconded and motion passed unanimously on voice vote. Sims moved to approve parking plan with the exception of #10 and place a bike rack there; Phelps seconded and on roll call, all YES. Council reviewed sign design as submitted by the Board of Realtors and Ragland moved for approval; Laws seconded and on roll call the motion passed .unanimously. Vacation Emerick/ Mountain public hrg. Public hearing was set for June 17, 1980 at 7:30 P.M. for consideration of petition requesting vacation of unopened alley located between Emerick and Mountain Avenue south of "B" Street. NEW & MISCELLANEOUS BUSINESS P & R Commissioner A recommendation proposing the name of Barry Peckham to fill the unexpired term of Nancy Pinnock, Commissioner, was received from Parks & Recreation Commission and Sims moved to confirm recommendation; Ragland seconded and the motion passed unanimously on roll call vote. UTILITY DISCONNECT City Administrator's memorandum relative to termination of electric serv- ice was presented and Almquist explained that he has made certain recom- mendations that would bring our service policies into conformance with criteria set by P.U.e. with the exception of a liberal policy to allow a bill to become 2 months d~linquent (45 days for the first month, 15 days for second month). Almquist reviewed the procedures set down for dis- connects and the opportunity for people who try to pay their bills to make part payments as an option. Almquist said that Senior Citizens are not disconnected but are monitored by Senior Program Board for possible difficulty. Jim Hayes, 431 Lit Way requested that consideration be given State regula- -tions and that City adopt their five point p]an for relief for temporarily disadvantaged and the one we need to use is the installment plan. Mayor Prickett said that we may not be doing people who consistently have over- due bills a favor by allowing them to go for sixty days before taking action to disconnect in the fifteen day period from that time. Almquist said we generate about 250 notices a month and only six or eight are turned off. After Council discussion of methods to handle disconnect problem, Mayor Prickett recommended a committee be set up to study his- torical data and to work together until solutions can be formulated. Ruth Craw, 466 "C" Street reported her power was disconnected without an overdue bill or shut off notice when bill was returned from the Post Office marked "moved left no forwarding address" and suggested neighbors be consulted etc. before taking action. Craw noted her car was in the driveway and there was no indication that anyone had moved. Craw added that the lack of courtesy in the utility department disturbed her and strongly snggested tbst Customer Relations be trained personnel. Mayor Prickett said he rarely hears discourtesy among City employees, and that steps should be taken to correct any such problem. Sims said that should a person file an appeal the service should be continued until a hearing is held. Ahnquist said this is now the policy. Craw said her recent experi- ence with the utility department points up the come .... continued P5 Disconnect Policy cent. out with a logical policy for [he citizens of Ashland and have them talk or write to someone other than the person now in the position. Sims outlined what he considered as fair steps for customer. Referring to the memo Almquist said that this is as far as the City needs to go and it is a great deal more than we are doing now saying that we do not have the staff nor does he feel thst we should go to that cost of chasing people.down. Almquist suggested that each customer be given his bill of rights and the print should be larger and the present policy of equal payment 'plan which could alleviate a lot of problems and we could make that available all year around. Hamil[on suggested a CBR (can be reached) number to be left by customer whereby people would leave work number or that of friend etc. so that better attempt can be made to reach them at lesser cost. After further discussion Laws moved to table motion until second meeting in June; Phelps seconded. On roll call Phelps, Laws and Hamilton voted YES. Ragland and Sims voted NO. AUDIT COMMITTEE Councilman Ragland, Council; Madeline Hill, Budget Committee, Bill Ramsey Hospital Board and l.~yor Prickett were appointed to the Audit Committee and it was noted that a meeting will Be held next week. Laws moved that items 6 & 10 under Ordinances, Resolutions and Contracts be considered and the balance be taken up on May 27, 1980 at the adjournec meeting. Hamilton seconded and on voice vote, all YES. ASH. SANITARY SERVICE ORDINANCE - FRANCHISE First reading was given an ordinance amending franchise with Ashland Sanitary Service relative to notice requirements and Sims moved to pass to second reading; Hamilton seconded and on roll call, all YES. TRANSFER OF APPROPS. A resolution transferring appropriations within a fund was read and Phelps moved for adoption; Laws seconded the motion which passed unanimou~ ly on roll call vote. City Recorder Mayor