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HomeMy WebLinkAbout1980-0902 REG MINROLL CALL APPROVAL OF MINUTES APPEAL OF PA No. 80:44 MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL September 2, 1980 Mayor Prickerr led the Pledge of Allegiance and called the meeting to order at 7:30 p.m. on the above date in the Council Chambers and Phelps and Medaris were pre~ent. Laws and Ragland arrived a few min- utes late and Hamilton was absent. Recorder Franklin corrected the date on the minutes to August 19 and Sims moved to approve as corrected; Medaris seconded the motion which passed unanimously on voice vote. City Administrator Almquist read a letter from Attorney Allen Dres- chef representing residents of the Thornton Subdivision claiming that subdivision by minor land partition of aparcel of land into two lots would be improper and against a restrictive covenant placed on the sub- division when the original plat was filed and subsequently made a part of each deed of such subdivision. Almquist requested that Staff Report, Planning Commission minutes and Findings and Orders dated July 9, 1980 be made part of the record. A memorandum was read from Attorney Allen G. Drescher contending that ~the intent of the restrict- ive covenant for the subdivision (Thornton) was to allow one house per lot which would preclude resubdivision. The brief stated that the property owner was made aware of the covenant when he purchased the property. Almquist noted that the Planning Commission was satisfied that the applicant had met all requirements for the minor land partit- ion and granted such request, and that the Commqssion had questioned the validity of any action the City might take in the enforcement of deed restrictions. City Attorney Salter said that the City could granl the appeal on the basis that the balance of the lot would not be dev- elopable, or the City can leave the matter for the civil courts to decide. The Mayor opened the public hearing and Allen Drescher cited the Ordinance controlling the subdivision of land and urged the City to rule on the matter to preclude a court case saying that the sub- division/partitioning of the lot will leave an unbuildable lot at a time when buildable lots are scarce. Drescher said that the subdivide] who plotted the parcels originally is in the audience and would ex- press his original intent for the neighborhood. Jim Greathouse urged the City to protect the restrictive covenants to protect planning in the City. Dr. John Barton spoke in opposition saying that the origina2 intent of the subdivision should be honored and aesthetic quality of the area be preserved. Richard Thornton said that he had drawn the deed restrictions to protect the future of the area by keeping it a One house per lot area, but probably could have done a better job of drawing it up rather than using one which had been used for the adjoining Franeva Subdivision. Tom Howset, representing Richard Stevens whose application had been approved, said that the sufficiency of the lot size in both cases would meet the requirements of the criteria. Sims agreed saying that both lots would be adequate and one house on each lot should be approved. City Attorney Salter cor- rected his opinion when he realized he had not been given p~ge two of the covenant which Howser was referring to and agreed with him that the property could be legally subdivided to meet the square footage requirements. 9/2/80 P. ] Regular Meeting Ashland City Council 9/2/80 P. 2 THORNTON SUB. APPEAL cont. Mike LaNier, 724 S. Central, Medford. representing the applicant asked that the Nickelplate Subdivision plat map; Franeva Plat Map and Restrictions; Thornton Plat Map and Restrictions; Minor Land Partition showing Lot sizes and letter from Richard Stevens to prop- erty owners be made part of the record. LaNier reviewed the applica- tion and said the minor land partition creation was made in keeping with the standards of the land development code and that it is in compliance with the comprehensive plan, Zoning Ordinance and restrict- ive covenants. Doug Clark warned Co~mcil that it may be setting a precedent if the third criteria.is not met. Laws moved that appeal be upheld; Ragland seconded and Laws,, Ragland, Medaris and Phelps voted YES on roll call. Sims opposed and the motion carried. City Attorney said Council would need to adopt findings and suggested "the covenants require only one house per lot, 'lot ' as used in the covenant means the lots that were platted and thus the balance of the lot could not be developed and the requirements of AMC18.76.050 are not satisfied." Laws moved to accept findings; Medaris seconded and Phelps, Ragland, Sims, Medaris and Laws voted in favor. Sims voted NO on roll call vot, MINUTES OF BOAI~DS, COMMISS- IONS AND COMMITTEES YMCA ANNEX. FEE WAIVER YMCA SUPER SOCCER BANNER REQ. TRAFFIC SIGNAL HWY 66/WLKR Laws moved to accept minutes of boards, commissions and committes and Phelps seconded the motion which passed unanimously on voice vote. A letter was read from Hank Hampton requesting consideration of waiving the annexation fees on YMCAAnnexation Request based on the fact that Devex had paid most of the costs of annexation with their proposal which was tabled because of water problems City is having in that area. (YMCA is purchasing from Devex of which Hampton is part owner). Doug Clark of 1365 Apple Way questioned the rationale of the '~" making such a short move to property about the same size as they now have and said he thought waiving of annexation fees was a "'cart before the h~rs~ situation. Clark went on to discuss the feasibility/logic of moving to a location with a traffic problem which would be hazardous to young members and users of the Y and suggested that other property be considered. Rowdy Yates drew a map on the blackboard spoke against the annexation proposal (which subject wasn't really for discussion but fee waiver) saying it would open up other annexation proposals. Chuck Lemar of Hillview Drive and a board member said that other sites (16) had been con- sidered and they were either unavailable or unbuildable. After further discussion it was decided to waive $1,750 annexation and charge additional costs incurred for staff time, publishing etc. to the Y and Medaris so moved. Sims seconded and Ragland, Medaris and Sims voted in favor. Phelps and Laws opposed. Motion carried. Banner for "Super Soccer Day" to be displayed through 13th of Sept. was considered and Phelps moved for approval; Medaris seconded. Mayor asked Council to consider a five day limit for banners in the future. On roll call vote the motion to approve passed unanimously Wes Smith, Woodland' Drive, Ashland Junior High School, requested that the City support the request for installation of a traffic signal at Hwy. 66 and Walker Avenue in the form of a Resolution. Traffic Signal Hwy 66 cont. OREGON FAIR SHARE UTILITY PAYMENT CPAC PASSIVE SOLAR SEMINAR WEED ABATEMENT REPORT ECONOMIC DEVELOPMENT COM- MISSION APPOINTMENTS PUBLIC FORUM The City Administrator w~s asked to read the Resolution and having done so, Laws moved to adopt; seconded by Phelps and the motion passed unanimously on roll call vote. City Administrator Almquist reported on the utility payment proposal submitted by Fair Share and recommended against City's support of the ten month delinquency payment program. Cindi Dion of Oregon Fair Share asked that the City go along with the policy which has been adopted by Public Utilities Commission to use as guideline for privat utility companies such as PP&L. S~ agreed saying that customers should have opportunity to budget delinquent bills and that Credit Counselling would handle the matter in a similar way. Sims said that he didn't think that students 'at Southern Oregon State College would leave town without paying their bills. Mayor Prickett said it is a difficult issue but that he would support Almquist's recommendation saying that the method would encourage people to accept the plan arbitrarily and spread the money they would have used otherwise to their personal advantage, and added'that this is not a new concept used to take advantage of low or no penalty debts. Medaris spoke against the proposal saying that the City is not in the banking bus- iness and said it would make budgeting more difficult for the City. · Laws moved to approve proposal as implemented by the State; Sims seconded and on roll call Phelps, Sims and Laws voted YES; Medaris and Ragland voted in opposition and the motion carried. A letter was read from Citizens Planning & Advisory Committee re- questing funding for the Solar Seminar planned for October 24 & 25 at Ashland Hills and giving costs of conference. Pat Acklin was present and reviewed the program and the $5,250 arrived at for ex- penses for speakers, luncheon, mailing etc. After some discussion Medaris moved to make $3,000 available for the effort; Ragland seconded and on roll call passed unanimously. Chief King reported that 120 parcels had been abatted of weeds since the written notices were sent out. Mayor Prickett submitted five names for Council consideration for the newly formed body as follows: Benjamin Tyran ,~eigh Johnson . Dick Cottle Tom Reid Bob Barnard Ragland moved to approve appointments; Medaris seconded and Phelps, Ragland, Laws & Medaris voted YES, Sims NO. Mayor Prickett said the members could select their own terms. Dean Fisher asked that Bellview driveway matter be placed on agenda so he could request deferral of earth moving project as directed by Council until an alternative plan might be reached to preclude moving the earth twice. Laws moved tO place on agenda; Ragland seconded and Laws, Phelps, Sims and Ragland voted in favor. Medaris opposed. ...... continued 9/2/80 P. 3 Regular Meeting Ashland City Council 9/2/80 P. ~ FISHER DRIVEWAY cont. YE OLDE PUB LIQUOR LICENSE TRAFFIC SAFETY COMMISSION RECOMMENDATIONS RECREATION DIVISION BUDGET HOSPITAL CONSTRUCTION PRO- JECT BEAR CREEK GREENWAY ACQ. STREET RESURFACE PRIORITY Laws moved to defer action scheduled by Director of Public Works until the next Council meeting and Ragland seconded. On roll call Phelps, Ragland, Sims and Laws voted YES. Medaris opposed. Recorder Franklin requested consideration of application of Ye Olde Pub liquor license renewal request and Sims moved to place' on agenda; Laws seconded and the motion passed unanimously on voice vote. Medaris moved to approve application; Sims seconded and on roll call, all YES. Recommendations from the Traffic Safety Commission were read and a letter from Donald Hartkopf was read in which he requested removal of reserved parking spaces for CP National along First Street. After some discussion Laws moved to implement recommendation #1 by Resolu- tion; Sims seconded and motion passed unanimously on roll call vote. Laws then moved to implement the second recommendation (Plaza cross- walks) and Phelps seconded. Passed unanimously on roll call vote. On the Hartkopf recommendation Laws moved to table until matter can be investigated on creation of reserved spaces, need etc. Phelps seconded the motion which passed unanimously on roll call vote. Withdrawn A memorandum from Budget Officer Nelson was read and Joe Sayre, Pharmacist at the hospital reviewed the plans to move the pharmacy and plans to convert to unit-dose protection etc. for Council inform~ tion. Medaris moved to approve, Phelps seconded and on roll call, all YES. A memorandum was read relative to the donation by Clinton Phelps of 5.12 acres of land for the Greenway and request to authorize payment of past due taxes was considered. Sims so moved; Laws seconded and on roll call, all YES. A memorandum was read from Director of Public Works who explained that the streets with asterisks were critical for resurfacing in spite of the fact they need water mains replaced. Alsing asked Council for direction. Sims wondered about contracting work out and Laws agreed with the theory and felt it should be budgeted that way. Alsing said he could handle the work but would need more men and equipment. The Mayor said we are running quite a risk if we don't do immediate repairs and he would give highest priority to saving the streets. Alsing said the Water Department does not have the funds to do their part of the work. Council decided that salvaging of the three streets should have priority and Phelps moved to approve; Laws seconded and on roll call, all YES. 9/2/80 P. 4 Kegular Heeling asnJ, ano Ul[y Uouncli ~/Z/~U F, Taxi Amendment Franchise Handicapped parking Hydroelectric License Special Election on Green Annexation Council Liaison Reports Hamilton's Replacement AdJ our~ment City Recorder Second reading by title only was given an ordinance which has been tabled amending the taxi franchise ordinance relative to the defina- tion of taxicabs. Dennis Perkins said there have been more violatioe since the ordinance amendment and reviewed his concerns about compet- ition from Mark Antony Hotel. Tim Bewley, manager of Mark Antony said he doesn't consider the hotel courtesy limousine a threat to the business of the cab company. Shirley Anders who runs the Rogue Country Shuttle said that she has been embarrassed over a confronta= tion in the hotel lobby of Ashland Hills regarding competition with the Ashland Cab Company and told Council that she deals with special reserved tours and it is her business to entertain groups/guests and includes various parts of Ithe Rogue Valley for activities. After a lengthy exchange between Perkins, Anders and Bewley, Mayor Prickett called for a study session on this subject only and share his concern that franchise holder Perkins may not survive with competition and restated the need for a full-time taxi service in the City. Medaris moved to adopt; Phelps seconded and'the motion passed unanimously on roll call vote. A Resolution was read establishing parking for the Handicapped on Winburn Way and Laws moved to adopt; Phelps seconded and the motion passed unanimously on roll call vote. A Resolution authorizing the filing of an application for a Hydro- electric License with the Federal Energy Regulatory Commission was read and Laws moved to adopt; Ragland seconded and on roll call, all YES. A Resolution calling a special election to refer Ashland Ordinance No. 2078 (Greene Annexation) to a vote of the people was read and Ragland moved to adopt. Phelps seconded and Medaris said he could not vote in favor because of misrepresentation in securing signatures On roll call vote Phelps, Sims, Ragland and Laws voted YES. Medaris opposed. Ragland reported that he, Phelps and Fregonese attended a meeting at which time Jackson County Commissioners adopted the Comprehensive Plan and by so-doing opted not to go along with Ashland's request and the next move will be to LCDC. Mayor said a policy should be set to decide how the vacancy by H~m~l- ton will be filled and suggested that Council come back with recomm- endations as to whether the procedure should be nomination by by vote of Counci . Meeting adjourned at 11:50 P.M. rickerr r Mayo