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HomeMy WebLinkAbout1979-1218 REG MINMINUTEg '0F THE REGULAR MEETING ASHLAND CITY COUNCIL December 18, 1979 ROLL CALL APPROVAL OF MINUTES MINUTES OF BOARDS COMMUNICATIONS PUBLIC HEARING ON ZONING MAP Having~led the Pledge of"~llegiance,' Mayor P'rickett called the meeting to order at 7:30 P.M. on the above date in the Council Chambers of City Hall. Phelps, RaRland and Medaris were present. Hamilton arrived at 7:34 P.M., Sims arrived at7:52 P.~. and Laws arrived at 8:10 P.M. Ragland moved to approve minutes of the regular meeting of December 4, 1979 and Phelps seconded the motion which passed unanimously on voice vote. Medaris moved to accept minutes of boards, commissions and committees and Ragland seconded the motion which passed on voice vote with all YES. Mayor Priekett took up items #2, 3 and 4 on the agenda thus delaying the public~ he~ring until~ more Councilmembers arrived for the meeting. Mayor ~aid that t~ere would be resolutions covering the street improve- ment~iY~n above ,!items later on the agenda. The Cfty Administrator showed change'~ on the Zoning map as outlined in his memo dated December' 13, 1979 sayihg that all corrections noted in the map in red ~t. the last ~meeting excluding the Hill Comprehensive Plar~ area which r~emains as Rural Residential ~re reflected on the new map. , A~mquist reviewed the Lithia Mill site Which is being proposed as R-l-10 (Single Family) rather than R-3 (High Density Multiple) and related bat during Neighborhood meetings and Comp Plan hearings it was de~i~ed to~d~signate the land which was in public ownership to ses" to include a future civic center and neighborhood park. !'public ~ Almquist said that a portion of the property (all of which is owned by the County) is under option for acquistion with plans for development of l~w cost housing. Almquist said that the proposal of the R-l-10 designation would be permitted because the notice of hearing would allow a less intensive use and parks are permitted in a R-1 Zone. Gene Piazza of 126 E. Main Street representing developers proposing to exercise option to construct low cost housing in the parcel across the street from the location of proposed city center gave background of the County-owned property as pertains to clearance of title etc. and asked Council consideration of R-3 designation to allow use for proposal. Dick Ullian spoke representing the ~evelopers who are associated with Marquess & Marquess said the parties do not have a year to year option a~d intend to develop the site saying it is in conformance with "M" and also in accordance with the original draft that designated R-3. Ullian said the City parks are sorely in need of maintenance now and that to acquire still another park would not make sense, and went on to say that based on the existing zoning, the developers have spent considerable time, energy and money in preparation of application to State of Oregon for subsidy-type project and to request a conditional use permit under the M designation. Ullian asked that the Comprehen- sive Plan be amended, and stated that it wasn't fair for t~he City to hold land at today's price for development at a distant date. Pg. 1 12/18/79 Regular Meeting Ashland City Council 12/18/79 Pg. 2 PUBLIC HEARING cont. LITHIA MILL PROPERTY KNEEBONE PROPERTY Mayor Prickerr told the developers and representatives that the public hearing was dealing with the density of the neighborhood and that the matter of development is inappropriate at this time. Richard Cottle spoke relative to the Kneebone property and said the matter was being continued from the meeting of two weeks ago which he said was essentially a closed meeting and the only question was whether you were going to rezone/downzone the property to ~ acre lots. Cottle said the matter was continued so that he, Salter and Staff would be able to determine more accurately the status of the property in light of the LCDC ruling. Cottle said that he agrees with LCDC decision ruling the Hill Amendment is void and that the Comprehensive Plan is back to posture as adopted in April of 1978 and that the property is not more densely zoned than allowed by the comprehensive plan speaking the merits of considered by more general testimony to rezone it from 10,000 sq. ft. down. When Cottle asked whether his understand- ing was correct, he was told it was. Cottle then objected to the re- opening of the hearing to the merits of this and one is the fact that Council continued the closed hearing for the purpose of getting some legal opinions from Mr. Salter and that was the purpose of the con- tinuation and that he did not recall a resolution being passed by the Council. Mayor Prickett said he directed the City Attorhey and Staff to readvertise in order to hear f~rther public testimony and thereafter a motion was passed that the closed hearing be continued at that time with Sims objecting. Cottle said he could not see where a resolution had been passed calling for a public hearing and further that he and Kneebone were not prepared to go ahead with testimony with regard to the various merits of retaining the 10,000 sq. ft. minimum because the wording is misleading and saying the 10,000 sq. ft. is presently in conformance and the Kneebone property is not more dense than is called for in the comprehensive plan, so the hearing could not be for the Kneebone property. Cottle said he come to the meeting to hear the conclusion of the deliberations. Cottle related that the zoned 10 lots of 10,000 sq. feet were first looked at in 1977 and final plat still has not been received. Cottle said if the public has more testimony that it can be continued until he is prepared to rebutt. Dr. C. P. Hald spoke saying he owns twenty acres adjoining the Wiley property and asked that it be retain in the classification that allows seven lots per acre. Hald said that the hilly terrain does not allow for an intense use but that improvements have to be paid for and there are not many people who can afford 1/2 acre at today's prices. Sid Ainsworth representing H & S Construction said the developers had been given tentative approval for a subdivision with 3.5 lots per acre and it was his understanding at the last meeting was to bring into con- formance the land-use map. Ainsworth suggested that since the Hill Amendment is precluded by LCDC's decisio~ the Zoning map should comply with the land-use map so the zoning map is in compliance with the Comp Plan. 12/18/79 pg. 2 Regular Meeting Ashland City Council 12/18/7~,P. 3 ZONING MAP HEARING cont. Ainsworth said that when the Zoning map conforms, the land-use map controls, and said if Council wants to start the procedure over, you should change the land-use map. (Laws arrived at this point). Barbara Rosentreter, 1 Birnum Wood Road, spoke in favor of changing the the area covered by the Hill AmeL~dment to revert area back to Rural Residential and if Council allows 7 homes per acre it will not only be unfeasible but will contradict the desires of the many citizens who testified against such zoning. Rosentreter asked if there could be a stoppage to all development until final decision can be made on density. Chris Hald of 255 Wightman asked if all Councilmembers had been on the site of Strawberry Lane area and said the land is flat and very develop- able and added that people always complain etc. when anything is planned in the way of development. Tom Williams of 660 B Street protested the number of houses (7 per acre) and wondered if it is legal for the City to allow such density with the street/vehicular problems and recommended judicial opinion. Jack Davis of 515 E. Main said he owns 4 acres off Hwy 66 which are zoned Hwy Commercial and said he has gone before the Planning Comission in an attempt to have designation changed to C-4. Mayor Prickett reminded him that when the property was annexed as applied for by Frank Goddard, a motel was first planned and then a request came in for recreational vehicle use. Mayor Prickett said the understanding at the time of annexation was for restaurants, motels etc. and stressed that criteria was basis for that annexation. Mayor closed public hearing. On Medaris' question of City Attorney Salter's opinion that the Resolution should be tabled, Salter said he feels the same way and that you can down zone so land is designated for less intense use than is provided for in the Comprehensive Plan. Salter said there is a question in his own mind as to whether the City can provide for its own destiny. Almquist reviewed proposals for amending ZoningMap as presented at the December 4, 1979 meeting in his memo of December 13, 1979 and showed the changes on the map. Mayor commented on the proposal tv downzone Lithia Mill property to R-1 saying that the location is not conducive to that designation because of the railroad tracks etc. Phelps agreed saying that not only should it not be designated as R-1 but he doesn't feel it should be R-3 either. Mayor said he felt it inappropriate to bring up the matter of develop- ment tonight. Phelps said he had not heard of any plans for constructio~ of housfng units before this week. Ragland said he hadn't either and w~as concerned that the County had not notified the City since they are familiar with our Comprehensive Plan for that area. Piazza 3 12/18/79 pg. Regular Meeting Ashland City Council 12/18/79 P. 4 PUBLIC HEARING ZONING MAP cont. PUBLIC FORUM CHAMBER OF COMMERCE BROCHURES LIQUOR LICENSE APPS. LITHIA PARK RESTORATION said that the ~arcel was shown as R-3 on the map and he had no reason to believe otherwise. Almquist said the ordinance would be read as Item 1 of Ordinances, Resolutions & Contracts and would be read exactly the way it was written with exception of changes noted unless there is a motion of substitute language. Mayor'saidlthe map would be adopted with suggestions as mention by Mr. Almquist. Cottie asked if this would mean rezoning,the Kneebone property to 1/2 acre lots and the Mayor answered in the affirmative. Ragland moved that the Lithie Mill site remain as R-3; Hamilton seconded. On roll call Ragland and mamilton voted YES. Phelps, Sims and Medaris voted NO and Laws abstained. Mayor Prickett submitted two names for reappointment to Planning Conmission for consideration and said action would be taken on January 8, 1980 at the next regular meeting. Ragland reported that a donation of 5 acres of land on Bear Creek for the Greenway was made by Clinton Phelps and that it is his wish to have the site in the name of his father. Phelps moved to put on agenda; Ragland seconded and on roll call, all YES. Ragland moved to accept property and to have title search and appraisal and to name the property after Phelps' fatL~er; Hamilton seconded and the motion passed unanimous= ty on roll call vote. Edwin Chapman asked to speak on the "Mural" section of an ordinance on the agenda and was asked by the Mayor to wait until that item came up. Elliott Reinerr submitted a cost analysis on the convention packets as requested by Council. The analysis covered a cost based on 3000 pieces of each part of the packet. Reinert brought the matter of the balance of $2,583.95 being returned to the City from the Visitors & Convention Bureau and added that one bill of approximately $147 was not taken out of that balance. After some discussion on length of time 3,000 pieces of literature would last Phelps moved to accept cost proposal with the amount to be doubled (6,000) and that bill held over be paid out of the balance also; Hamilton seconded and on roll call passed unanimously. Liquor License Applications to transfer ownership of Jazmin's Cabaret, to ~rederick J. and Janet I. Nunes; and for a new business of David W. Pinsky and Frank M. Miller to be known as Booklyn, a nightclub were considered. Chief Lively had no objection to either application and Hamilton moved to approve; Sims seconded and on roll call, all YES. Ken Mikeloon, Director of Parks & Recreation explained request for support of grant application to the County for funding for restoration of Lithia Park. Mayor Prickett expressed concern that the whole matter of requesting funding did not came before Council because of implication on future budgets. Laws agreed and said for this reason he could not 12/18/79 P. 4 Regular Meeting Ashland City Council 12/18/79 P.5 LITHIA PARK cont. LITHIA PARK SEWER LINES SIDEWALK REPAIR UNCOLLECTIBLE UTILITY BILLS TRAFFIC C0~/. RECOMMENDA- TIONS GREENE ANNEXATION BIKE COF~4ITTEE RECOMMEND. support the request. Laws asked for a list of priorities and plans for restoration project. Mikeloon said that he had only recently heard about the availability of monies and had little time to work up a list and that it would be necessary to hold public hearings for input before formalizing priorities. Laws wondered on what grounds the request could be made. After some discussion Ragland moved to support through a letter to the County and included the understanding that if Grant monies could not be justified that they beturned down at a later date; Sims seconded the motion. Sims, Ragland, Medaris and Hamilton voted in favor; Phelps and Laws voted NO. Motion carried. Mayor recommended a study session be held to consider reasons deterioration has been allowed and directed Staff to arrange for such a session. A request to place a proposed sewer line to serve Lithia Park on Winburn Way was considered to preclude future damage to trees. Need for pumpin5 of restroom as acceptable alternative was discussed and Laws moved to approve request; Medaris seconded and the motion passed unanimously on roll call vote. Director of Public Works Alslng showed slides of sidewalks in need of repair all over the City and said estimates of work would run from $50 to $2,000. Alsing said it is the responsibility of the property owner but that it takes strong recommendations from the City and a bit of assistance. He said if the work was not done that an assessment dis- trict would have to be formed. Discussion ensued regarding tree roots and Alsing explained that part of the roots could be cut off when the sidewalks are replaced without loss of tree and Council agreed that trees must be protected from indiscriminate cutting. Almquist explained that before any trees can be cut down in the parkway that such action must be brought to City's attention for approval. He added that the Planning Commission is going to do a study of street trees. Phelps moved that Staff start process for repairs of sidewalks; Medaris seconded and on roll call, all YES. After discussing the periodic write-off of utility bills Sims moved to approve write-off of $8,623.08 as submitted; Laws seconded and the motion passed unanimously on roll call vote. Recommendations from the Traffic Cammission as outlined in memorandum from DPW Alsing were considered and Laws moved to approve and directed Staff to bring back Resolution for Item #3 (that C Street between 2nd & 3rd be made one-way in easterly direction as recommended by the State Highway Division); Phelps seconded and on roll call, all YES. A memorandum from the Planning Commission relative to proposed annexa- tion of lands owned by B. D. Green was read and the City Administrator said there is an ordinance later on the agenda. Recommendations from the Bike Committee were read in a memo from the Director of Public Works and Ragland reviewed same. Sims moved to grant request with Planning Commission holding public hearings and returning recommendation to Traffic Commission; Phelps seconded and on roll call passed unanimously. 12/18/79 Pg. 5 Regular Meeting Ashland City Council 12/18/79 Pg. 6 COAL BURNING HIGHWAY 66 LANDSCAPING ELECTRIC RATES TRAINS BLOCKING CROSSINGS GREENE ANNEXATION ZONING & SUBD. LAWS "SO" SOSC District Councilman Phelps, liaison to the Air Quality Committee of Jackson Count' reviewed information relative to particulants resulting from the use of coal in wood stoves and sulfuric dioxide affect. Gerald Stroshane who owns the Coal Company in Medford said that we have been asked to reduce consumption of oil for heating and that 12 pounds of coal is equivalent to one gallon of fuel oil. The sulfur content of the coal which he sells is only 2.9% sulfur, Stroshane said, and added that as alternate fuel sources are ~educed t~Le price of oil will increase. Laws said he would like to know more about the use of coal and what the trade-offs might be. Medaris agreed and said he doesn't feel like passing an ordinance that may not be in the best interest of the City. Phelps moved to bring back ordinance which would ban the sale of coal in the City of Ashland; Hamilton seconded and on roll call Phelps, Ham- ilton, Laws, Ragland and Sims voted YES. Medaris opposed and the motion carried. A memo from Councilman Sim was read relative to installing landscaped median islands as was part of the agreement with the State for widening. Almquist said that no funding was provided for this work by Council action and suggested preparation be made for future installation by stubbing for irrigation. On question of cost, Alsing said he estimated the cost at $1,065.00. Sims moved to allocate necessary funds; Laws seconded and on roll call, passed unanimously. Memo from City Administrator relative to electrical rates was referred to Budget Committee. First reading was given an ordinance repealing Section 11.16.180 of the Ashland Municipal Code relative to trains blocking crossings and Phelps moved to second reading; Hamilton seconded and on roll call, all YES. First reading was given an ordinance dispensing with an election and calling a public hearing on the proposed annexation and withdrawal from Jackson County Fire Dist. #5 of property located on the North side of Ashland Mine Road, west of Cedar Way. Medaris moved to second reading; Sims seconded and on roll call, all YES. Second reading by title only was given an ordinance replacing in their entirety the provisions of Title 17 and 18 of the Zoning and Subdivision laws (pertaining to murals) and Laws moved for adoption; Medaris seconded the motion. Edwin Chapman asked if the mural section related to commercial only and was told by the City Administrator that it per- tained to the whole City - all zones. On roll call motion passed un- animously on roll call vote. (Medaris said the Planning Staff has found some need to review and will brin~ back recommendations). Second reading by title only was given an ordinance creating an "SO" Southern Oregon State College District. Almquist noted that the bound- ary line around complex was amended to read fifty feet. Phelps moved to adopt; Hamilton seconded the motion. On roll call Phelps, Sims, Ragland, Laws and Hamilton voted YES. Medaris opposed & motion carried 12/18/79 P.6 Regular Meeting Ashland City Council 12/18/79 P. 7 COMP PLAN TEXT ORD. Second reading by title only was given an ordinance making amendments to text of Comprehensive Plan adopted in April of 1978. Medaris said he would like to see editorial changes in the Preamble and Planner John Fregonese agreed and said minor changes should be made before submiss- ion to LCDC. Proposed changes were somewhat reviewed pertaining to PUDs etc. and Laws moved to adopt; Phelps seconded and on roll call, all YES. UTILITY DISCOUNTS SR. CITS Second reading by title only was given an ordinance amending Ordinance No. 1972 relating to a program of utility discounts for senior citizens. Laws moved for adoption; Hamilton seconded and on roll call, all YES. FRANCHISE TAX CITY OWNED UTILITY Second reading by title only was given an ordinance amending Ordinance No. 1878 relative to the franchise tax on the City-owned electric utility. Medaris moved for adoption; Phelps seconded and the motion passed unanimously on roll call vote. FRANCIS LAN~ PARKING A resolution establishing parking limitations on Francis Lane was read and Medaris moved for adoption; Hamilton seconded and on roll call the motion passed unanimously. MGMT & CONFID. EMPLOYES A resolution was read by titly only outlining working conditions and benefits for management and confidential employes and Phelps moved for adoption; Sims seconded and on roll call, all YES. MONTHLY REPORTS Accepted as submitted for month of November. COUNCIL LIAISON REPORTS None ADJOURNMENT To first lar meeting of the month on January 8, 1980 at 7:30 P.M. at 11~15 ~ City Recorder Mayor ih