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HomeMy WebLinkAbout1980-0805 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL August 5, 1980 PLEDGE OF ALLEGIANCE & ROLL CALL APPROVAL OF MINUTES PUBLIC HEARINGS Land-Use Ordinance amendments to Title 18 Procedures for Approval of Planning Actions Ord. Solar Access Land-Use Ordinance Amendments to 2052 Planning Action Proced. Solar Access Ordinance Mayor Prickett led the Pledge of Allegiance and called the meeting to order at 7:30 p.m. on the above date in the Council Chambers. Medaris, Laws, Sims and Ragland were present. Phelps arrived at 7:35 p.m. and Hamilton at 7:40 p.m. Medaris moved to approve minutes of the regular meeting of July 15, 1980 and Laws seconded. On voice vote motion passed unanimously. Planner Fregonese reviewed the amendments and read the new section relating to Murals and noted that they were being made conditional uses with annual review. Fregonese reviewed other changes including contiguous ownership of non-conforming lots to be considered one tract of land, travellers accommodations, yard set-back requirements etc. Mayor Prickett opened the public hearing and since there were no connnents from the audience closed the public hearing. Fregonese reviewed major changes in procedural guidelines for approval of planning actions lessening somewhat the decisions made by staff with review by Planning Commission on routine basis. The Mayor opened the public hearing and there were no co~ents from the audience. The public hearing was closed. Fregonese reviewed the ordinance providing for solar access and illustrated implementation to provide for maximum solar access in construction according to site, slope and exposure. Mayor Prickett opened the public hearing. Arden Handshey spoke from the audience supporting the provisions in the solar access ordinance. Since there was no further comment the public hearing was closed. Director of Finance Nelson (acting for City Administrator) gave first reading by title only of an ordinance to adopt various amendments relative to Title 18 of the Ashland Municipal Code as it relates to the Land-use Ordinance. Laws moved to amend by striking out Section 25 subsection L of Section 18.96.030 (Murals) and Sec- tion 26; Ragland seconded and on roll call passed unanimously. Phelps moved to second reading as amended and Hamilton seconded and on roll call thc motion passcd unanimously. Nelson gave first reading by title only of an ordinance amending Ordinance No. 2052 and Chapter 18,108 of the Ashland Municipal Code relative to procedures for approval of planning actions and Ragland moved for adoption; Phelps seconded and the motion passed without opposition on roll call vote. Nelson gave first reading by title only of an ordinance amending Title 18 of AMC, the Land-use Ordinance to provide protection relative to solar access to all parcels of land in the City and Laws moved to second reading; Medaris seconded and congratulated Fregonese for the strides made in the solar access concept to be implemented by this ordinance pointing out Ashland's position as forerunner in the State. On roll call passed unanimously. 8/5/80 P. 1 Kegula~_~ eting Ashland City Council 8/5/80 P. 2 APPROVAL OF MINUTES GREATHOUSE APPEAL PUBLIC FORUM Parks Commission Community Energy Mgmt. Study Community Theatre Banner Phelps moved to accept minutes of Boards, Committees & Commissions and Hamilton seconded the motion which passed unanimously on voice vote. A letter from Allen G. Drescher was read on behalf of James Great- house appealing approval of Planning Action No. 80-44 and September 2 was set for a public hearing at 7:30 p.m. Jean Crawford, Chairman of Parks & Recreation Commission expressed concern that the Parks Commission has not been kept informed as to planning and operations of other departments as they relate to Parks and urged better communications in the future. Crawford cited the sewer line project in the park (Lithia) as an example of a communica- tion gap saying the project was promised to be completed a year ago and that the park has deteriorated appreciably to the embarrassment of the Parks Commission. Crawford requested that Parks be placed high on the priority list for any planning or project and be given the opportunity for input and participation in such meetings. The Mayor agreed with Crawford and urged closer attention by liaison to Council and asked for routine reports to assure collaboration. As far as the sewer project Alsing reminded Council that with the approval of the Tolman Creek Road job he had to move his crews for that project and has just now returned a partial crew to to job at Lithia Park where he hopes to wind the job up in a matter of weeks. Sims suggested to Crawford that any problems they are having with communications etc. should be clearly state in minutes so that Council can be informed on regular basis. Sims moved to have annual joint staff review with Parks Commission and Ragland seconded. The motion passed unanimously on roll call vote. Fregonese requested permission to submit an application for a grant for cost effect/energy consumption study which would include train- ing in Montana for effective study. Council approved request by minute order. Suzanne Chase told of having placed a banner to advertise a perform- ance to be held at Jazmin's and subsequent removal of same because of sign ordinance criteria and advertisement of Jazmin's. Chase said that it is a non-profit organization (Medford Community Theatre) and that they will be given the proceeds of the door by Jazmin's and would be glad to delete the name of the business and just leave her phone number so that she can communicate the location to those inter- ested in attending. After much discussion Council agreed that allow- ing such banners to be erected could cause precedent setting problems and the non-profit status could be questioned without success in many cases. Mayor questioned Fregonese on policy of placing banners and was told that the policy has been one informally undertaken and the City Administrator usually makes the decision and suggested it might be time to set a policy on banners. Laws moved to place item on agenda; Hamilton seconded and on roll call all YES. Laws moved to deny request; Hamilton seconded and the motion passed on roll call vote with no opposition. 8/5/80 P. 2 P~Knla~ ~etin~ Ashland City Council 8/5/80 P.3 Fisher Driveway Handicapped Access to Ramps Agape Subdivision Drainage Medaris - Cable TV leg. UNFINISHED BUSINESS Weed Abatement Update North Interchange Zoning Dean Fisher asked that Council consider placing matter on agenda requesting reconsideration of driveway access to property. Hamilton moved that matter be placed on agenda; Laws seconded. Medaris said that he was contacted by Fisher as was Hamilton. Laws seconded. On roll call Phelps, Sims, Ragland, Laws and Hamilton voted YES; Medaris opposed. Hamilton moved for reconsideration of action taken at public hearing of July 15, 1980; Phelps seconded. On roll call, Phelps, Sims, Laws and Hamilton voted in favor. Ragland and Medaris opposed. Sims reported that he had been contacted by elderly handicapped person saying that vehicles jut into the ramp space and it is difficult to maneuver for wheelchair users. Sims recommended con- sideration be given to idea of painting curb yellow at ramps. Ron Laber expressed disappointment that drainage has not been taken care of in the Agape Subdivision and that four houses are now occup- ied. Laber said that subterranean water will erode his driveway and asked for assurance that subdivider would be made to provide drain- age for their project. Fregonese said he had checked the area and that the City still has the performance bond, that the drainage will be taken care of by open ditch and he will check routinely during the construction. Alsing said there is nothing the City can do as the subdivision has not been completed and in the interim it is hoped that drainage will be provided for before the rainy season. Laber also noted the weed problem which he had called to the attention of the Fire Department and was told by Chief King that the weeds will be taken care of within the next couple of weeks. Alsing was asked to inspect subdivision relative to drainage & fill. Medaris asked if Administrator had responded to Cable TV legislation and in the absence of Almquist from the meeting for answer said he would check on Almquist's return. Chief King reported on progress of weed abatement program and sub- mitted statistics on how many lots have been cleared, posted etc. and how many contacts by letters have been made. Fregonese briefed Council on status of North Interchange Zoning and BCVSA extension of sewers and asked that Council consider joining with Jackson County in suit and said that BCVSA had created an assess ment district by ordinance. Fregonese said that BCVSA had appealed the Countyts public facilities plan to LCDC and recommended the City join the County is this defense. Ragland so moved; Phelps seconded and the motion passed unanimously on roll call vote. 8/5/80 P.3 _~egular eeting Ashland City Hall 8/5/80 P. 4 PRESCHOOL PROGRAM WATER CONNECTION POLICY SOUTHEAST PORTION OF CITY Sewer connect request Sims explained that Burr Kaplan was to be on the agenda but was inadvertently taken off when the Lord property was not going to be included and moved that Kaplan be given opportunity to speak to Council about need for preschool program in the City.by placing him on the agenda; Laws seconded and on roll call, all YES. Bert Kaplan brought the need for preschool programs for the City of Ashland and parental help for some of the children. Kaplan said he is not asking for money, but just to appraise Council of conditions to be considered at a future date. Ragland wondered if such needs would not be the responsibility of school system or other agency. Kaplan said he would get full documentation of the need and submit them to Council for informational purposes. Ragland suggested that if the Lord property is considered for any use that the Parks Comm- ission be invited to participate since the property is earmarked for eventual park land. Alsing reported that valves and connections are being installed to help the water pressure situation and Fregonese reviewed guidelines for a water moratorium as they relate to approved developments. Alsing reviewed several actions which would help in the situation including prohibiting water connects to any lots created in the future by partition or subdivision of land until a permanent solution has been reached; voluntary reduction of all non-household uses; Alternating days for use of outside water according to house number; Encouraging to use TID water for all outside watering; utilize the news media, City newsletter, and personal contact in requesting the voluntary actions by citizens and continuing to monitor the situation in the deficient areas. Water Superintendent Fallen said he would like to see what effect the tie-in has on the pressure. Discussion followed on possibility of small filtration system. Mayor Prickett expressed concern that the City's insurance rate will be in jeopardy if the water problems aren't corrected and added that conservation measures will not be a permanent answer to the problem. Laws moved to call for a public hearing on August 26, 1980 at 7:30 p.m. Phelps seconded and Alsing suggested R. W. Beck be present to give options brought out in the recent water study for consideration. Sims suggested that a committee could be formed to survey useage and come up with reconm~endations. Vicki Neuenschwander suggested the public be educated because those people not affected by loss of water pressure are not aware they are causing problems in property above them. Chief King described the fire department's role in assuring fire protection in stricken areas by use of pumping and training his men to use the ditch as resource. Rowdy Yates, Harris- on Street suggested bring lines over loop road. Madeline Hill said there must be a communication problem if the City departments are aware of the overall problem and the Council is not. Laws moved to amend the date of the public hearing to August 27, 1980 and Phelps agreed to the amendment. On roll call, all YES.~Fregonese's letter of 8/5/80 made part of record). Memos from the City Administrator and Director of Public Works were considered and a letter read from Steve Lawrence requesting a hook- up on East Main Street near Ashland Hills Motel. (continued) 8/5/80 Pg. 4 Regular Meeting Ashland City Council 8/5/80 P. 5 Lawrence Sewer Connect tort. Liquor Licenses Traffic Safety Recommenda- tions Taxi Franchise Amendment Position Classification Uniform Bldg. Code Ord. Reclassify 10 parcels Parker & Walker Sts. Reclassify 17 parcels Southern Or. State Coll. Medaris said the County would not allow septic tank and reminded Council that in extenuating circumstances we have allowed hook-ups before and moved to approve request; Sims seconded. On roll call, Medaris voted in favor and Phelps, Sims, Ragland, Laws and Hamilton opposed. Laws suggested that Lawrence look into annexation of the two acre site. Recorder Franklin submitted liquor license renewal applications for E1 Toro Blanco; Jazmin's, Beau Club, Hillah Temple, Angelo's Pizza, Cook's Tavern, Pony Express, Casa Feliz, Lithia Grocery, Pioneer Foods, Safeway Store, 7-Eleven Food and Thrifty Drug. Hamilton moved to approve after receiving recommendation from Chief Lively and Ragland seconded the motion which passed unanimously on roll call vote. A memorandum was read from the Traffic Safety Commission recommend- ing the naming of alleys and streets; that handicapped parking space at entrance to Lithia Park be eliminated and that a handicapped parking space be established alongside the crosswalk in front of the Masonic Hall and that two parking spaces for the handicapped in the wide area of Winburn Way be reserved near the bandshell. Ragland asked if the Parks Department was aware of the last two recommendations as they relate to handicapped spaces and was told the request had originated from the Parks Commission. Medaris moved to approve (b) and (c) on list of recommendations; Hamilton seconded and on roll call all YES. Laws moved that Planning Commission rec- ommend what alleys should be named and sent to Council (a) and Ragland seconded the motion which passed unanimously on roll call vote. A letter was read from City Attorney Salter relative to the amend- seconded and on roll call, all YES. Second reading by title only was given an ordinance amending position reclassification plan and Medaris moved to adopt; Hamilton seconded and on roll call passed unanimously. First reading was given an Ordinance adopting the 1979 Uniform Building and Mechanical Code with Oregon Amendments and Medaris moved to second reading; Phelps seconded and the motion passed unanimously on roll call vote. First reading by title only was given an ordinance reclassifying 10 parcels of property on the South side of Parker Street between Walker Avenue and Lit Way from C-1 to R-l-5 (copies previously furnished to Council) and Hamilton moved second reading; Medaris seconded and the motion passed unanimously on roll call vote. First reading by title only was given an ordinance reclassifying 17 parcels located on current campus of SOSC and Hamilton moved to adopt; Phelps seconded and motion passed unanimously on roll call. 8/5/80 P. 5 -Regular Meeting Ashland City Council 8/5/80 P. 6 East Main Parking reg- ulations adj. F[AHotel A resolution was read establishing parking regulations on E. Main Street adjacent to Mark Antony Hotel and Laws moved to adopt; Phelps seconded and on roll call, all YES. Street Sweeper A resolution was read authorizing interfund loan for street sweeper acauisition provided in the 1980-81 Budget and Phelps moved to adopt; Laws seconded and the motion passed unanimously. R. W. Beck Contract Agreement with R. W. Beck & Assoc. for engineering services relative to Hydroelectric implementation was considered. Rowdy Yates, Harrision Street expressed concern that the City would consider spending $700,000 for a plant which will only supply about 3 or 4% of the power needed in Ashland and said it would be a large burden on taxpayer. Laws said that the cost of power will be going up and the project will pay for itself in time. John Czemerys,angineer supported the concept saying that many private concerns are turning to their own hydro generation where the resources are available. Ragland moved to authorize Mayor and Recorder to sign the agreement; Medaris seconded and on roll call, all YES. Departmental Reports Medaris congratulated the Director of Finance on his investment expertise and moved to accept departmental reports; Sims seconded the motion which passed unanimously on voice vote. Liaison Reports None ADJOURNMENT Meeting adjourned at 11:00 P.M. City Recorder Mayor ih August 5, 1980 Mayor and City Council Planning Director ~ the South Ashland Water Moratorium We have been asked to compile for you a list of projects currently pending in the area proposed for a moratorium due to water shortages. In this area we have the following inventory, as best as we can determine, given the short time we have had to complete it. There have been 48 lots created since 1979; all but 12 of these are vacant. In addition, there are 42 single-family lots which have been approved in the preliminary phase, but which have not had final maps filed. There have been 54 condominium projects which have approval but have not commenced construction, and seven new apartment units which have approval, but again have not commenced construction. At the present time, before the Planning Commission's August 13th meeting, there is a Minor Land Partitioning for three lots and a request for 18 condominiums. In addition, in pre-application conferences with developers con- ducted over the past few months, we have the following projects actively being contemplated by developers at the present time: one 82-unit motel at the south interchange, one 18-unit apartment complex, one restaurant, seven new single-family lots, and one new office. This area of the City is a rapidly developing one, and it contains much vacant land. A quick inventory shows that, at the present time, there are 136 acres of vacant R-1 land, 5.2 acres of vacant R-2 land, 8.7 acres of vacant C-1 land, 18.7 acres of vacant C-3 land, and 11.4 of vacant C-4 land. In addition, all the newly designated R-2 lands, which are outside the City limits but within the Urban Growth Boundary, are affected by this water shortage. Also, approximately 100 acres of Industrial land and another 10 or so acres of Commercial land, which is presently outside the City limits but within the Urban Growth Boundary, are affected by this water shortage. Regarding moratoriums, until recently (1978) there was very little law on moratoriums. However, due to cases which have been argued before LCDC, there are now some legal rules which must be followed in declaring moratoriums. First of all, moratoriums must 1 be done by ordinance and should be preceeded by a public hearing at which testimony can be offered and refuted. There is no set rule as to how much notice should be given for the public hearing, however. Secondly, moratoriums are considered land use acts and, as such, must address the Statewide Planning Goals. In this case, we would claim that, because of a shortage of public facilities (Goal 11), the impacts on housing and the economic development of the City would temporarily have to be forestalled. However, in making the moratorium, we should make the following findings: 1) Because there is a shortage of a key public facility, and since increased growth would compound the shortage, then growth must be curtailed. Only those sectors which actually have an impact on the public facility are being curtailed. The limitations are reasonably related to water usage by the various uses. 4) The effect on housing and economic development has been mitigated as much as possible. I think that, because of LCDC's rulings, it would be difficult to exempt a particular type of development over another if they contributed equally to the water shortage. Any development which is exempted from the moratorium should be exempted based on either: l) A public need for that type of development which exceeds the need for the moratorium, or An insignificant effect on the water usage which is causing the problem. 2