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HomeMy WebLinkAbout1978-0117 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL January 17, 1978 ROLL CALL APPROVAL OF MINUTES APPEAL HE MLP #264 Mayor Prickett called the meeting to order at 7:30 P.M. on the above date in the Council Chambers. Present were Hamilton, Laws, Drescher, Phelps and McCannon. Ragland was absent. McCannon moved to approve minutes of regular meeting of January 3, 1978 as submitted; Phelps seconded and on voice vote, all YES. City Administrator Almquist requested that the following documents be made part of the record: Letter of December 23, 1977 from Davis, Ainsworth & Pinnock representing appellants Barr and Pugh; Memorandum to City Council from Planning Commission dated January 12, 1978; Letter from Pugh and Barr requesting Addendum to minutes of December 14, 1977 dated January 11, 1978; Memorandum to Council from Planning Commission dated December 16, 1977; Letter to W. H. Hampton. from Planner Winterowd dated December 19, 1977; Letter to Planning Con~nission from Cottle, Howser & Hampton dated December 2, 1977; Minutes of March 8, 1976 Planning Commission meeting; Public Notice and'Staff Report dated March 4, 1976. Winterowd reviewed Minor Land Partition No. 264 which divided lot into two parcels adjacent to 112 Nutley and developinga flag drive for access, and showed slides of the property in question. W. H. Hampton representing owner of the front lot, George Cota, ~sked for clarification of Planning Commission's action amount- ing to downgrading the use of the lot which his client planned on for duplex. Hampton reviewed minutes of the March 8, 1976 minutes of the Planning Commission (at which time he was Chair- man of that body) and stated Cota's intention to abandon the flag lot drive concept for the front lot which he owns in favor of using Nutley Street as access to the property. Hampton quest- ioned the legality of the Planning Commission's action and said that Cota should not be restricted by something not intended. Ainsworth, representing Lance Pugh and Larry Barr said the appeal from the clarification of the Planning Commission meeting of December 14, 1978 is being made relative to allowing multiple-~amily use of front lot and also questioned was the "flag lot concept" and made part of the appeal, and urged that both lots should be left as R-1 and had original decision not been acceptable, it should have been appealed at that time. Fred Roberts of 143 Nutley recalled the meeting saying that when the Planning Commission approved MLP #264 it was divided specific- ally into-two R-1 lots and if they attached conditions later, he was not aware of it. Roberts added that Mr. & Mrs. Loren Close of 144 Nutley had not been notified of action taking place. Roberts said the residents of the neighborhood are angry and don't know what to expect next, and some,action regarding the rear lot could be next. Roberts questioned legality of Planning Commission decis- ion now to change to denser use saying that the Commission is made up of hard workers but on this matter they apparently erred, 1/17/78 Pg. i APPEAL FROM MLP #264 CLIP No. 208 - Thormahlen TRAVELLERS ACCOMMODATIONS Hampton reminded Council of the "flag lot concept" saying that Cota is not using the flag drive. Linda Barr said she had read the minutes of theMarch 1976 meeting at which time Hampton was Chairman of the Planning Commission so that he was aware of the decision. Laws said that the lot is zoned clearly as R-3 and although he feels sympathetic of the neighbors but without use of the flag drive there is no reason the lot cannot be used for multiple-family purposes. Mrs. Close of 144 Nutley said she 'lives next door and attended the original meeting in March of 1976 and that she spoke at that time saying she dldn't mind dividing the parcel into two lots as long as the use was single-family residences. She said they have had no notice since that time. McCannon questioned Barr about allegation regarding his represent- ing the lot as R-3 and Barr said that he had told Mr. Cota it was a R-1 lot before he purchased it; On Laws question as to what con- ditions the zoning ordinance allows under a minor land partition, Himes said there are eight criteria by which a flag lot is Judged and one of these is that the minorland partition would not cause ham to adjacent property and that the Planning Commission has a right to attach certain conditions. Drescher agreed saying he feels the Commission can attach conditions for the benefit of the neighbors. Salter gave his opinion by stating that although he may have questioned the action back in 1976, he would now look at it as something apparently accepted for some time and at this point would defer such a matter to the Court for decision. Laws questioned the Planning Commission's right to change the use of the lot simply because of the flag lot situation and moved that the appeal be denied. The motion died for lack of a second and Drescher moved to accept the appeal; Hamilton seconded. Phelps asked that the matter of modification of minutes after the fact be noted in the record and questioned such action by a Commissioner after the minutes were drafted. Phelps wondered if all parties concerned were present when the minutes were amended and asked for the City Attorney's opinion. Salter said that such amendment would be in order if for the purpose of amplification of hearing but not to extend a debate or add evidence, and said he would like to research the matter. Ainsworth pointed up the fact that the minutes had not yet been approved. On roll call Hamilton, Phelps, Drescher and McCannon voted YES. Laws opposed. City Administrator Almquist read a letter from Philip and Sharon Thormahlen appealing a decision on December 14, 1977 of the Plan- ning Commission denying Conditional Use Permit #208 to allow a 5-Unit seasonal guesthouse at 80~ and 130 Hargadine Street. Alm- quist requested that letter of appeal from Thormahlen, letter from James & Beverley Roberts dated-January 13 supporting the appeal, copy of letter dated December 20, 1977 to Philip & Sharon Thormah- len from the Planning Department regarding action of meeting of Planning Commission on DeCember 14, 1977~ minutes, of December 14; 1977 Planning Commission meeting, Staff Report dated December 14, 1977 i/i7/78 Pc. 2 Travet~ers Accommodations Thor en Appeal Cont. Findings of Fact and Legal Notice be made part of the record. ~tn- terowd explained that the application for use would have met ~ ~aire- ments but that the provisions in the ordinance were such that it allowed travellers accommodations only until such time as motels and facilities are available at which time the ordinance would no longer be in effect and added that the comprehensive plans when adopted and implemented would not allow use in this area. Winterowd showed slides of the proposed units location and surrounding area. W. H. Hampton, representing the Thormahlens said that even with the completion of various accommodations there will still be a need for a place for theatre patrons to stay and that the hostel-type proposal would keep tourists in the City and would ~iscourage spending in neighboring towns. Hampton remind Counci% that it had voted for allowing traveller's accommodations only a year ago and should the need not prevail next year, a permit would not need to be renewed. Carol Alderson, Planning Commissioner, spoke saying she had voted against the proposed use becaude it would look like a conversion from apartments to a motel and seems like a commercial effort. Alderson said she would like to see the new facilities planned and/or under construction succeed. Mrs. Thormahlen said she worked with the Chamber in its program and it had not worked out too well because of communication and would like to participate this year on her own. Thormahlen described the as patterned somewhat like those in Europe and is interested in making such an opportunity available for travellers and patrons of the theatre. Thormahlen says she lives across the street from the units and would in no way want to have a motel across the street from her. Mr. Bill Patton of OSFA directed comments not to the particular case but of the need saying that half of the theatre patrons must still be housed outside of Ashland and that the economic loss to Ashland. Patton added that due to the action of the last couple of weeks many units will not be available which were before and there is no guaran- tee that Ashland Hills will be ready this year. Hampton said that noise will not be increased and parking will be available on the site adding that many people will walk to the plays and shopping etc., keeping their vehicles off the streets. Hampton reminded Council that the permit would be seasonal and would have to be approved every year. Stu Watson of 128 So Pioneer spoke objecting mainly to the traffic which gathers down the hill and was concerned that the character of the neighborhood would change and also set a precedent. Rick Perkins of 130 S. Pioneer spoke and objected to commercializing the neighbor- hood and setting a precedent. Linda Barr agreed with the concept whereby homes on North Main could be used as travellers accommodations saying that there is a natural traffic flow there anyway. Bill Patton spoke on behalf of the Shakespearean Festival saying that he is not here to speak on proposal but to emphasize the continuing need to house theatre patrons during their stay for the plays. Rick Perkins of 130 S. Pioneer spoke objecting to commercializing the neighborhood and said he doubted that the effort would eliminate the need for motels and felt the impact on the value of the residential property would be detrimental to the neighborhood and set a precedent. Linda Barr agreed with the concept whereby homes on North Main could be used as travellers accommodations since there is a natural flow of traffic there already. Thor en Appeal cont. MINUTES OF BOARDS, COM- MISSIONS & COMMITTEES HELMAN ST. IMPROVEMENTS RAY REID CLAIM JC ECONOMIC DEV. COMM McCannon moved to uphold the Planning Commission's decision an~ deny appeal; Drescher seconded. On roll call vote, the motion passed unanimously. Laws moved to accept minutes of boards, conmissions and committees; seconded by McCannon and passed unanimously on voice vote. City Administrator Almquist read a petition from property owners pro- testing improvement of Helman Street and a letter from Director of Public Works Alsing reconmending the work. Response was received from almost all property owners showing 70.4% of the property owners in opposition and 0% in favor. Jack Williams of 50 W. Nevada said the street is used by the people of Quiet Village and the City has been using it to haul sludge out and the road is especially deteriorated on the curves but that a lot of it has held up well. Willjams pointed out that the street is an arterial to Quiet Village and the school. Edmund Alexander of 520 Helman reviewed points that he had brought up to Alsing inc- luding that most cities make the subdivider responsible for arterial streets; several were not in the area when that work was done and all streets are in and paid for; that the property owners are being asked to repave a City street and he would like to see signatures that people agreed to oil mat and that they pay for paved street, and that traffic laws are not enforced in that area. Ms. Iva Young of 610 Helman Street pointed out that $53,000 was spent on street repair last year and many streets were mentioned but Helman was not and those monies came from taxes. Alsing explained that Federal Rev- enue Sharing money was used to repave streets where people had previ- ously paid for the street at one time and review the fact that in this case there was an agreement with the property owners who were not willing to bring the street up to standards and the City signed noth- ing to say that we would repave the street in the eight years. Chief Hays recommended that a new route over to Jackson Road be opened up for the residents of Quiet Village and stated that when Laurel Street is cut through most of the traffic will use Laurel and will not be going by the school. Prickett recommended that the paving costs be absorbed by the entire area taken in and not just the Helman Street property owners. Hays pointed out the fact that he was assessed for the paving in front of his own property by the front foot and now feel~ it unfair to ask others to participate in paving another's street too. Hays said that when Laurel Street is cut through the traffic will route itself on that street thus alleviating Helman Street load. McCannon moved to form an assessment district based on equal shares and the City also participate; seconded by Hamilton. Passed unanim- ously on roll call vote. The City Administrator read a letter from Haviland, DeSchweinitz & Hammack advising of claim against City by Ray Reid and recommended that matter be passed to insurance carrier. Laws so moved, seconded by Hamilton and passed unanimously on roll call vote. City Administrator Almquist read a letter from Jackson County Over- all Economic Development Committee relative to EDA energy conserva- tion grant program and said staff has no recommendation. No action. 1/17/78 Pg. 4 ,egular Meeting AshlanO ~lty bouncl± MAYOR'S ADDRESS MAYOR'S APPOINTMENTS PUBLIC FORUM UNFINISHED BUSINESS SITE REVIEW #83 APPEAL LIQUOR LICENSE APPS. Lithia Grocery, Aki's and Chateaulin Rest. Postponed. Mayor Prickett appointed Councilwoman Hamilton to the Airport Committe Bear Creek Area Transportation and Overall Economic Development Comiss ion; Jeff R. Hill to the Traffic Commission. At this point Hamilton moved to table appointment to Planning Commission until after Council had the opportunity to meet jointly with Planning Conmission to estab- lish goals and guidelines set by ordinance. Laws seconded and motion passed unanimously on roll call vote. Drescher moved to accept appointments, McCannon seconded and marion passed without opposition. Prickerr opened nominations for Budget Committee and McCannon nomina- ted Anna Mae Smith; Laws seconded and motion passed unanimously on show of hands. Laws moved to nominate Ruth Hibbard; Drescher seconded and on show of hands, all YES. Mayor closed nominations and set a set a joint meeting of the Council and Planning Commission for Febru- ary 14, 1978 at 7:30 P.M. Jay Thieren of Chautelin Restaurant asked for support in his applica- tion for a seasonal liquor license and asked that it be placed on the agenda for consideration. Recorder Franklin said she also has application for Aki's Restaurant because of a higher alcohol content in Saki than in license for beer. Phelps moved that both applications be placed on agenda; seconded by Hamilton and passed unanimously on voice vote. Action to be taken later on agenda. Almquist read a letter dated January 16, 1978 from J. Ervin Toney in which he agreed to save the old house and build eight units on the property; a letter from Sabra Hoffman dated January 17, 1978 supporting saving of old house and asked that a memorandum dated January 12, 1978 from the Planning Commission to Council, a Staff Report dated January 11, 1978, a memorandum dated January 3, 1978 from the Planning Department to Mayor and City Council, and unapp- roved Planning Commission minutes of December 14, 1977 all be made a part of the record. Drescher moved to approve Toney's proposal and accept appeal; Laws seconded. On question from McCannon, Plan- ning Commission Chairperson Wenker said she voted against the request because it is poor planning to combine eight units and an old house on one lot and also sets a bad precedent by creation of a flag lot for such use. Mayor Prickett disagreed saying he felt they would be compatible. Planning Commissioner Alderson said she and Pugh had favored retention of the old house and agreed with the Mayor that you needn't have an "either/or" situation. On McCannon's question as to whether the house has historical significance, Alderson said it did not but with restoration would be an added charm to the neighboring old houses coming into town on North Main Street. Wen- ker asked Planner Winterowd to arrange a joint meeting with the Historical Committee to consider guidelines on which to make fur- ther decisions of this nature. Drescher repeated his motion to allow Toney to build eight units thereby upholding appeal with con- ditions shown in January 11, 1978 staff report. All members voted YES on roll call with exception of McCannon who opposed. Phelps moved to approve three applications; Hamilton seconded and on roll call all YES except for Drescher who abstained. Mayor left meeting at 10:00 P.M. McCannon took charge. T.I.D. BID AWARD ORDINANCE, RES. ETC. PHELPS PAVING Cemetery Fees Resol. Transfer of Funds Departmental Reports Lininger Request Oak Knoll - B & G Meeting Place Air Quality Administrator Almquist read a memorandum from Director of Public Works recommending that M. C. Lininger & Sons be awarded contract on T.I.D. construction and noted that Lininger was the only bidder at a bid of $251,850 and a bid of $259, 440 for engineering. Laws so moved; seconded by Hamilton and passed unanimously on roll call vote. Second reading was given an ordinance by title only relative to the paving portions of Phelps, Patterson and Carol Streets. Drescher moved to adopt; seconded by Phelps and passed unanimously on roll call vote. A resolution setting prices for Cemetery services was read by Alm- quist. Drescher moved for adoption; Hamilton seconded and on roll call vote, the motion passed unanimously. City Administrator Almquist said that since an ordinance to regul- ate cemetery services was included in packet but left off agenda, he would include that ordinance in next regular meeting agenda. A resolution was read transferring appropriations within a fund and Drescher moved to adopt; Hamilton seconded and on roll call, all YES. Drescher moved to accept Departmental Reports for the month of December 1977; Hamilton seconded and on roll call, all YES. Almquist noted a letter left on the tables relative to a requested change in designation of certain Oak Knoll properties and McCannon moved to place on next agenda; Laws seconded and on roll call, all YES. Phelps asked that Council consider changing its meeting place to the English Lecture Hall for regular meetings and gave the advantages including space, absence of stairs for public to climb, and more people can witness, hear and participate. Phelps asked the City Administrator to contact Stan Jobe so that he may contact the School Board with the possibility that we could rent the hall. Phelps reported on progress of Air Quality Commission saying that there are grave concerns about industrial and vehicular causes of air pollution and warned that in the future even use of fireplaces in homes could be effected. Phelps said he would give periodical reports as to conditions in the valley as regards air quality so that our comprehensive plan guidelines will be followed accordingly and that mass transit, car pools, parking bans etc. will interact to protect from further deterioration of the air. The meeting adjourned at 10:20 to an Adjourned meeting of Council and Planning Commission on January 24, 1978 at 7:30 P.M. in the Engiish Lecture Hall to consider final amendments to Comprehensive Plan. Nan E. F~anklin Rgland McCannon City Recorder Acting Mayor