Loading...
HomeMy WebLinkAbout1979-0306 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL March 6, 1979 ROLL CALL APPROVAL OF MINUTES MAYORS APPOINTMENT POLICE CHIEF PUBLIC HEARING Comp Plan Amendment (Hill, Applicant) Having led the Pledge of Allegiance, Mayor Prickett called the meet- ing to order on the above date at 7:30 P.M. in the English Lecture Hall at Ashland Senior High School. All members were present. Ragland moved to approve minutes of the regular meeting and executive session of February 20 and adjourned meeting of February 13, 1979; Phelps seconded and on voice vote motion passed unanimously. Ragland moved for approval of appointment of S. Victor Lively for position of Police Chief at $1,900 monthly salary; Laws seconded. On roll call Phelps voted NO. Ragland, Laws, Hamilton, Sims and Medaris voted YES. Appointment confirmed. City Administrator Almquist read a ~ from Planning Director Box dated FebrU~r~l~, 1979 and asked that it be made part of the record along with S~a~F Report dated February 14, 1979, ~Du~eS of P~nn_in~ CommissioB._an~ Cp~ ~eeti~g~. Almquist read a list of persons who had sent letters or had previously testified at Planning Commission meeting and said these too would be entered into the record to pre- clude the need for those persons to restate their positions. Includ- ed were comments from Dr. Virgil Hulse, Christian Hald, Robt. Rein- holdt, Tim Miller, Jay Lunt, Hazel, Barbara and Fred Rosentreter, Greg Lininger, Beverly Beck, Patric Krader, Jean Lesher, Arlene Mills, Margaret Hoxie, Hunter Hill, Annette Janeke, Dave Deller, David & Sabra Hoffman, Roger Ledbetter, Dorothy Stolp, Mary Dew, Wes Chapman and Bill Wiley. Planner Box reviewed results of additional traffic counts submitted by Director of Public Works Alsing and elaborated on access points and said that we are looking at an increase of three or four times the volume of traffic as we now experience. Almquist read a letter from Alsing giving traffic count of Grand- view Area. Mayor Prickerr opened public hearing, and asked for opposition to speak first. Tom Howser, 1607 Siskiyou Blvd., spoke in opposition representing developer Henry Kneebone and asked Council consideration of various points. Howser said that in order to do a comprehensive plan change Council should look at all of the goals applicable and that the primary problem of traffic over the next 30 years should not be ignored but solutions through action should be encouraged. Howser said the change would amount to a moratorium on development and went over high costs of development because of need for pumping stations, streets, water, sewer etc. and said that it would not be feasible to have two lots per acre. Howser said that lots would cost $35,000 or 40,000 at the two per acre rate. Howser said that the City would not be solving housing problems by allowing the traffic problems result in a no-action state. Transportation is to be a goal for consideration not a problem to be ignored. In conclusion Howser said that the City will be legally responsible for those two subdivisions which have previously been approved. (Kneebone & Susitna Heights) 3/6/79 Pg. 1 R~e%ul__ar Meeting Ashland City Council 3/6/79 P. 2 Comp. Plan Amendment (Hill) PUBLIC HEARING cont. Howser reviewed the guidelines set forth for amending the Comprehen- sive Plan and said that the change in the area has created an even more intensive use and there could be an area designation mistakenly made in the comprehensive plan. Sid Ainsworth of 515 E. Main cautioned Council that if the use is changed on the 167 acres involved in proposal then the same amount of land must be put back into the plan for development in the City. Ainsworth said that Kneebone and Susitna Heights have planned to use level lots with about 3°4 units per acre and that would be the most dense of the area, which he said runs contrary to the traffic report. Ainsworth said no other property in that area can be used as intensely as those already approved, and said it be economically unfeasible to develop land at 2 per acre. Ainsworth said there has been nothing new to justify this comprehensive plan change. Ainsworth questioned the legality of Councilman Phelps' position as he was present at the Planning Commission during the public hearing on this subject and that members must act as Judges in quasi-judicial decisions and should not be influenced via information beforehand that Councilman Laws had discussed relative (traffic) subjects with Planning Director Box. Ainsworth requested such facts be made part of the record because it is the sort of thing the court will be dealing with. Tim Miller of 610 Orchard Street said that he purchased about three acres up in the Grandview area and it was zoned RB10, and it is Lot 600, 5CD adjacent to Thunderbird Heights. Miller said the City req- uested that he dedicate part of his property for a road and he signed an agreement to share in costs of paving and now is appalled to learn that his property will be down-zoned. Miller concurred with the testimony of Howser and Ainsworth. Miller reviewed other aspects of the situation and asked that the City not down-zone his property. Chris Hald III, 255 Wightman spoke in opposition saying that the proposed change would be an infringement on the property rights of individiuals. Allen Drescher, 105 Nob Hill, representing Hunter & Madeline Hill said that Council has authority to make change in comprehensive plan when original plan was in error, change in community, informational error showing impact on neighborhoods, and change in policy. Dres- cher said an amendment to a comprehensive plan must be supported by findings and evidence addressing state-wide goals adopted by L.C.D.C. and that findings such as traffic volume on certain thoroughfare is increasing faster than anticipated, number of children in area is anticipated to decrease etc. would be accepted as adequate evidence to support proposal. Drescher said a decision affecting a single parcel of land is legislative if the land affected is "of signifi- cant size as compared to the total planning unit" and land affected is under "diverse ownership" which Drescher suggested is this case. Drescher explained that the opponents to the proposed change have no vested rights to use of their land under the existing land use until such time as substantial action has taken place physically 3/6/79 Pg. 2 Regulaz Meeting Ashland City Council " 3/6/79 P. 3 HILL C.P. AMENDMENT on the site after a building permit has been obtained. Costs for engineering, architect fees etc. are not considered sufficient to create vested rights, Drescher said. Drescher said L.C.D.C. goals call for housing for low income and that those developed in this area would be very expensive. Drescher reviewed the problems of police and fire service on G~andview, high level pumping stations, storm drains, runoff problems, extension of utilities saying that those facilities would not be used by all. Transportation was cover- ed by Drescher citing environmental impacts. Drescher said the char- acter of the neighborhood would be changed by proposed developments, and that many old people live in old homes in the established neigh- borhood. The traffic quadrupled would be a shock to residents. Drescher reviewed the energy aspect and other factors. David Hoffman of 345 Scenic representing the North Scenic Neighbor- hood Association polled 29 members and 27 members support the plan change, one was out of town and the other didn't have enough informa- tion. Hoffman then said it seems incomprehensible that the developer speaks in a thirty year term for total traffic problem and that he would wait that long for a return of the money involved in effort. Dan Rhodes, 51 Scenic Drive representing South Scenic Neighborhood Association submitted a list of one hundred twenty four members in favor of Hill Amendment. Robert Magruder, representing Upper Grandview said the 40 households in the group are unanimously in support of the amendment. Magruder said the traffic down Strawberry will filter down to the park and plaza area and that park is already deteriorating from excessive use. Magruder added that we should be aware of tourism as Ashland's com- modity to preserve. Barbara Rosentreter of upper Grandview said the main psint is that she was among many~of the people who had attended Comprehensive Plan meetings and people who lived in area were asked to attend. Rosen- treter said those attending (property owners in the neighborhood) had asked for Rural Residential designation - findings were submitted and it was conclusive at that time that this area would be Rural Resident- ial, and this was print6d in the paper just prior to the action taken by the Planning Commission which was indicated on the map. Rosen- treter said they were lulled into full sense of security when inform- ation came out in the paper and the implication was that it was zoned Suburban Residential. Rosentreter insisted this error should have been corrected and now citizens can redress those errors so the entire City is not made to suffer from it, and said that steep slopes would not preclude development to the full density allowable. Rosen- treter concluded by saying to allow the traffic hazards to increase and impact on lower areas would be disasterous. Lee Shunser of 79 Scenic said that the people below the proposed area development should have first rights and told of carrying capacity study of traffic problems along with citing the terrain problems, steep streets impassable in snow and ice. Shunser also mentioned the jeopardy of the children in the area with no sidewalks. 3/6/79 Pg. 3 Regular_Meeting Ashland City Council 3/6/79 P. 4 Hill Amendment cont. Larry Medinger, 520 Terrace as Chairman of CPAC said when the comprehensive plan change proposal was through that con~nittee the members voted unanimously for it. Medinger cited tremendous impact on neighborhood for benefit of investors above as unreasonable. He said he had voted in favor of Susitna and Kneebone development as excellent areas to develop but that the access problem must be faced and resolved. Ron Scheil said he owns property in the area and supports the Hill proposal because the large lots for area will help traffic problem. Mayor Prickett closed the public hearing and turned the discussion over to Council. On Hamilton's question as to what happens to sub- dividers who have approval, Mayor referred question to City Attorney who said that it may go to court and Council should not evaluate that facet of the situation. Phelps asked Salter about his partici- pation in this meeting after Ainsworth's remarks about prejudgment based on attendance at other hearings and Salter said it would be no problem. Medaris commented on the fact that more people should have gone before the Planning Commission and suggested that Ashland Mine Road be considered for development as an arterial into the area. In addition to extension of Ashlan~ Mine Road Medaris said other streets should be widened rather/than changing the Comprehensive Plan and suggested a moratorium until modifications are extended. Laws disagreed saying that he was one who was in favor of more inten- sive development of t~is area but since it has become evident that it is practical'ly impossible to provide streets and access without causing deteriorating effects on other parts of the City he has changed his mind and added that Council is going to have to answer in the future. Laws moved to approve plan'amendment, adopt findings of fact and make all pertinent information and testimony part of the record. Phelps seconded. Sims said the development would not add- ress the needs of lower income and he is concerned for the adverse effects on neighborhood below. Sims said he would like to see the community grow gradually. Sims then brought up the fact that meet- ings were held on the comprehensive plan and the neighborhood had decided on Rural Residential zoning and went away with that under- standing and with the designation having been made Suburban Resident- ial, they are back tonight to achieve that original intent. Mayor Prickett said that although the Ashland Mine Road idea is good, it will probably take care of only 20% of the problem if developed and feels there will still be major problems with traffic. On roll call vote Ragland, Phelps, Hamilton, Laws and Sims voted for approval. Medaris opposed. It was called to the Mayor's attention that the public notice with map had been sent out including a portion (part of Fowler-Wiley prop- arty) which was not included in the Hill Amendment proposal. When the Planning Department considered the proposal the area above was deleted from the map. Such deletion was not mentioned at the Council level and since the participants during the public hearing were no long present, the Mayor requested that corrected map with new public notices be sent for another public hearing of the matter and set the date for March 20, 1979 at 7:30 P.M. at the English Lecture Hall. Mayor Prickett said all pertinent information received along with all comments from audience and by letter would he made part of 3/6/79 Pg.4 Regular Meeting Ashland City Council 3/~6/79 P.5 Hiil Amendment cont. ORDINANCE - EMPLOYE RESPONS- IBILITY APPROVAL OF MINUTES PUBLIC HEARING SET PUBLIC FORUM HERSEY ST. IMPROVEMENTS BEAR CREEK GREENWAY ACQUIS. ARMORY COMMITTEE the record so it would be unnecessary for anyone to retestify. City Attorney Salter suggested that the vote stand until such time as the next public hearing takes place on the subject. Ragland so moved, seconded by Medaris and passed unanimously on roll call vote. The City Administrator reviewed a memorandum from Personnel Assistant Beddard relative to development of Non-Union Employe Resolution. Roger Balbo, employe spokesman for employes said he wished he had had the memorandum in order to rebuke certain parts of it and objected to the loss of benefits employes have enjoyed. Balho said that even if the percentage is small regarding single parents who have enjoyed a sick leave extension to their children when necessary. Kathy Horton explained that employes were not given the opportunity to present proposals until the last Council meeting and it wasn't a case of being remiss. Sims moved that Council reconsider Resolution and amend to include extension of sick leave for family illness; Phelps seconded and on roll call, Phelps, Hamilton, Sims and Medaris voted YES. Ragland and Laws voted NO. (At Mayor's request Almquist read the language of current policy relating to sick leave.) Almquist gave second-~reading by title only of an ordinance adopting a general personnel policy and employe responsibilities, and repealing Ordin- ance 1404 as amended. Ragland moved for adoption; Phelps seconded and the motion passed unanimously on roll call vote. Phelps moved to approve minutes of Boards, Commissions & Con~nittees; Sims seconded and on voice vote, all YES. Public Hearing was set for March 20, 1979 at 7:30 P.M. in the English Lecture Hall on proposal for redesignation from Retail Commercial to Heavy Commercial for 2 parcels to allow construction of metal-working shop. (Timothy Richards, applicant) Director of Public Works Alsing brought up the proposal of improve- ment of Hersey Street saying the the costs estimated by State are now $1,580,000 in addition to $100,000 for property condemnation and asked Council if they would be willing to borror against future monies up to five years to do what C6uncil considers the most import- ant stretch of the road. Different costs, sections,and alternatives were discussed and Mayor set Tuesday, March 13, 1979 at 7:30 P.M. for a Council Study Session and requested that Alsing make arrangements for representatives from State Highway to be present and also to present Staff recommendations on alternatives to consider. Councilman Ragland reviewed a request from Bear Creek Greenway for council support in writing requesting that State put monies into the 1978-79 budget for acquisition of property for greenway in the amount of $100,000 and moved that item be placed on agenda; Sims seconded and On voice vote, all YES~' Ragland moved that City write State asking that consideration be given to placing $100,000 ~n budget f~r property acquisition for greenway project; Laws seconded and on roll call, passed unanimously. Mayor Prickett asked for feasibility study relative to Armory Bldg., and whether City would be interested in purchase and stated it as priced at $220,000. Prickett appointed Gordon Medaris, Hamilton and Sims to work with present Armory Committee and report back. 3/6/79 P. 5 ~egul~r__Meeting Ashland City Council 3/~/79 P. 6 CONDOMINIUMS LAND PARTITIONS, APPEALS ACTIVITY REPORT BIrDGET COMMITTEE MEETING MARY JANE & MOHAWK STOP SIGN Liquor License Application Vintage Inn Chg. of Address ORDINANCES, RESOLUTIONS & CONTRACTS Hospital Bd. Members Patterson sidewalks Randy St. Improvements Corbett/C of A Comp. Plan Amendment Flood Plain Ordinance St. Imp. Dist. #44 A memorandum from the City Attorney was read relative to condomin- iums as requested by MAyor Prickett and the matter of conversion of apartments to condominiums and control of some was discussed. Mayor requested that City Attorney drawn up a draft ordinance Council can work from to arrive at solution. Accepted with no action necessary. Budget meeting was set for March 22 to cover the budget message, nominating officers and overview. (7:30 P.M.). A memorandum was read from the Traffic Safety Commission recommending removal of stop sign at southwest corner of Mohawk & Mary Jane. Laws moved to recommend that staff draw up resolution; Phelps seconded and on roll call, all YES. Request withdrawn. Second reading by title only was given an ordinance amending Chap- ter 2.20 of the Ashland Municipal Code relative to the terms of Community Hospital Board members and Sims moved for adoption; Laws seconded and on roll call, all YES. Second reading by title only was given an ordinance authorizing and ordering the installation of sidewalks on Patterson from Carol to Phelps, and on Carol from Clinton to Patterson Streets. Ragland moved to adopt; Sims seconded and on roll call, passed unanimously. Second reading by title only was given an ordinance authorizing and ordering the improvement of Randy from Helman to Laurel, and Laurel from Randy to Otis Streets. Ragland moved for adoption; Laws seconded and on roll call, all YES. Second reading by title only was given an ordinance amending the Comprehensive Plan and making findings in support thereof; Medaris moved for adoption, seconded by Phelps and on roll call, all YES. Second reading by title only was given an ordinance adding new pro- visions to Chap. 15.04 of the Ashland Municipal Code relative to flood plains, and establishing regulations for building construction therein. First reading by title only was given an ordinance levying street assessments for Street Improvement Dist. No. 44 and Sims moved to second reading. Ragland seconded and on roll call, all YES. 3/6/79 P. 6 _,¢gulaE._Meeting Ashland City Council 3/6/79 P. 7 Records Retention Ord. Director of Finance reviewed ordinance saying that it is necessary for disposal of old obsolete ~ecords and recommended it's approval. Almquist read the ordinance for the first time and Laws moved to second reading. Phelps seconded and the motion passed unanimously on roll call vote. Classification Plan First reading was given an ordinance amending the position classifi- cation plan and Sims moved to second reading, Laws seconded and on roll call, all YES. Transfer of Funds Res. Almquist read a resolution transferring appropriations within funds; Sims moved to second reading, Laws seconded and the motion passed without opposition on roll call vote. Res. Amending Budget(CETA) A resolution amending the 1978-79 Budget and making appropriations for CETA program was read and Ragland moved for adoption; Medaris seconded and on roll call, all YES. Resolution designating Heritage Bank depository A resolution was read designating depository and authorizing City officers to withdraw money therefrom (Heritage Bank) and Ragland moved for adoption, Medaris seconded. Prickett asked Nelson how long other banks had been established before designation and Nelson said about 6 months. On roll call, all YES. LIAISON REPORTS Laws called a meeting of the Energy Conservation Committee for Thurs- day~ March 15, 1979 at 7:30 P.M. in th= City Administrator's office. Sewage Treatment & Filtra- tion Plants Medaris said he had gone on a tour of the water quality facilities and expressed praise for operation and said employes should be given more credit for their good work. Chief Lively comments Nan E. Franklin City Recorder Just confirmed Police Chief Lively thanked Council for their con- sideration in his appointment and said he is looking forward to working with the Mayor, Council and City Administrator. Meeting adjourned at 11: .0~~ ~ Gary L. P Mayor ih