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HomeMy WebLinkAbout1978-0321 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL March 21, 1978 ROLL CALL APPROVAL OF MINUTES PRIM ST. VACATION PUBLIC HEARING In the absence of .Mayor Prickett, Council Chairman McCannon led the Pledge of Allegiance and called the meeting to order on the above date at 7:30 P.M. in the English Lecture Hall at Ashland Senior High School. Present were Phelps, Ragland and Laws. Absent were Hamilton, Drescher and Prickett. Recorder Franklin requested that minutes be corrected to show on the bottom of Page 5 that the water and sewer fee ordinance passed to second reading unanimously on roll call vote. Ragland moved that minutes for the regular meeting of March 7, 1978 be approved as corrected; Phelps seconded and on voice vote, mot- ion passed unanimously on voice vote. The City Administrator read a memorandum ~-~e~adated February !5, 1978 from Director of Public Works Alsing expressing concern fer future land divisions add providing access etc. and a subsequent memo dated March 16, 1978 from the Planning Commission along w~th minutes of March 8, 1978 all of which Almquist requested be made a part of the record. Seventy percent signed in favor of the vacation and thirty percent did not sign. McCannon opened the public hearing. Donald Schofield, 465 Tucker, representing hjmsel~ and Paul Wilson, spoke in favcr of the vacation saying that all of the owners on the immediate section proposed for vacation are in favor and that while it is true that property owners signed for future improvements of street as condition on minor land partition, that it also called forno future subdivision of land. Schofield added that he has ne intention of subdividing but if he did he would go down to Sheridan Street. Almquist said that there are lots large enough tc be subdivided and said that flag lots would be created as only access solution. Schofield brought up the fact that the soil is highly erosive. George Moore of 465 Sheridan said he went through this several years ago and found out there is not a 20 ft. right of way from Sheridan to Schofield from the previous owner. Schofield said he was not notified of a Planning Commission meeting on the issue. Bob Sullivan said he owns five acres in the City abutting onto Prim Street at Sheridan and recalled that the Planning Commission asked Smith and Shapiro for 3~ feet before approval of the partition and feels vacation would be a reversal of policy not in the best interest of the City. Sullivan said that he is not thinking of subdividing at this time but may change plans in the future and vacation would reduce arterial flow in the area. Su!ii van said he is opposed. Barbara Wilson said that when they bought the property the deed called for no further subdivision. Council~ man Laws said that was without approval of Planning Commission. McCannon closed the public hearing and turned the meeting back to Council for discussion. After some discussion relative to future servicing of area, flag lots, slope problems etc., Laws moved vacation be denied. Phelps seconded and on roll call vote~ motion passed unanimously. 3/21/78 Pg. 1 __Regular Meeting Ashland City Council 3/21/78 Pg. 2 'MINIrl'ES OF BOARDS, COMMISSIONS & COMMITTEES MINOR LAND PARTITION #362 URBAN SERVICE BOUNDARY - 1423 E. Main - Hardin HORSE-DRAWN COACH - Berry Req. Ragland moved to accept minutes of Boards, Commissions and Committees; Phelps seconded and motion passed unanimously on voice vote. Public hearing date was set for April 4, 1978 at 7:30 P.M. on motion by McCannon,'second by Phelps and on voice vote, all YES. McCannon said the Hardin letter presents new evidence showing his land to be unsuitable for farming and asked that this issue and the first reading of the Comprehensive Plan Ordinance adopt- ing the plan and text until such time as more Councilmembers are present. McCannon so moved; Phelps seconded. Laws sug- gested certain revisions be made before it is presented and that more members should be present at that time. Almquist asked that Planner Box review changes. Box brought up two significant changes relating to plan,'one having to do with land use in designated Railroad District and original determination that professional offices or other light commercial uses could be allowed after being considered by Historic Commission, Plan- ning Commission and citizens groups. Box explained the change was made on the map from Urban High to Urban Low density but was not changed in the text/and offered to work out the langu- age to allow such use. Box cited changes to be made on Page 7 as it relates to public school facilities including airport over- lay and SOSC designations which are or may be used by the college. Box offered to have changes read into the record. Laws said he has not-received sufficient information and feels there would be legal implications without such data. Almquist said he would not want to go into language { hanges during the meeting. James Sims-~p~ke from the audience 'aying that the text does not in- clude "cottage industry" as p oposed by the Historic Commission in the Railroad District. Almquist said that such use is not in Urban High Density and now with the change to Urban Low it will be added to include the use. On roll call, all YES. A letter was read from Berry requesting reconsideration on his request to operate a horse-drawn wagon in Lithia Park. Berry spoke saying that his original request had been turned do~ because it would have caused traffic problems on the Plaza and now there would be no traffic problem since he has permission to use Lithia Frosty to turn around and go to the upper duck pond. Ragland recalled that he was against the proposal because of traffic and that it would still be a problem by causing cars to slow to 5 mph on Winburn Way as they go-through the park and cars would be trying to pass the wagon. Laws moved to deny; Ragland seconded. Berry submitted a petition signed by eighty six businesses downtown recommending and supporting the request- On roll call the motion passed unanimously. 3/21/78 Pg. 2 _ Regular Meeting Ashland City Council PUBLIC FORUM TRAFFIC COMM. MEET - SAFEWAY SEWER TREATMENT PLANT ACCESS SENIOR PROGRAM FUNDING LIQUOR LICENSE REQUEST SCHOOL SAFETY PATROL ~ames Sims spoke expressing concern about a proposed Justice Cen- tar being brought up again and said it should rank among our lower priorities since most of the local attorneys use the County facili- ties except on rare ocassions when they are asked to represent someone in Municipal Court. Maintenance costs and salaries should be taken into consideration, Sims said. Sims suggested the City be concerned with setting aside monies to look into energy alternatives when the electric contract comes up with PP&L in 1982 and recommended that someone - from leadership of citizenry make such proposal to the Budget Committee. Sims added that it is Council's responsibility today to make allowance for future services in conmunity. Carroll Corliss announced meeting scheduled for Wednesda~ the 22rid of Traffic Safety Commission to take up the issue tabled by Council relative to access to and from Safe~ay~ Corliss said that Safeway would have a representative there and urged attend- ance by Council since it was this body's suggestion to get Safe- way people here for the meeting~ Meeting will be a 4:00 P.M. Councilman Laws asked for progress of negotiations City has with property owners relative to ingress and egress of sewer treatment facilities and Almquist reported that a letter had been sent in December accompanied by the contract for signature by the City Attorney and that there has been no response to that letter. Almquist said he called the City's attorney (~arter) in January for status of the problem and the attorney had had no word. The City Administrator submitted a grant application prepared for the Senior Program Board and asked permission to forwar,' it to Area Agency on Aging to help support senior activitie-. The funding requested was $7,000 and Ragland moved item be on the agenda; Phelps seconded and motion passed with all YES on voice vote. Ragland moved for granting permission to forward applicatien~ seconded by Phelps and passed unanimously on voice vote. An application for liquor license by Ahmed Yahyapour, dba Little Caesars at 1253 Siskiyou Blvd., was submitted and Recorder Frank- lin reported that request has been approved by Police Department- McCannon moved for approval of request; Ragland seconded and mot- ion passed unanimously on roll call vote. A memorandum from Almquist was read expressing concern for City's responsibility/liability in providing crossing patrols at schools saying that the same statute which does not exempt cities from liability, DOES exempt school districts and suggested that the School District use crossing guards transferred to the School District and that the City reimburse the district for one-half of the costs beginning in September. Almquist noted this plan meets with approval of the Chief of Police and said we would continue to provide the supervision for the program including recruitment and selection of personnel. 3/21/78 Pg. 3 COMMUNITY DEVELOPMENT CONNECT FEES OR/). CHAMGING MISDEMF~JqORS TO INFRACTIONS IVY LANE IMPROVEMENT ORb. Planner Box reported that HUD is making four million dollars in funding available in the State of Oregon for rehabilitative pro- Jects in water and sewer systems. Box said that Staff has gotten together to decide what sorts of projects might benefit Ashland and came up with 1) Street, water and sewer improvements and specifically brought up A Street as an example, and secondly that Hersey Street be considered to assist in opening up that area for development. Box mentioned housing rehabilitation as another project for low incom~ f~milies & be- handled any way you want, and said that loans might be available to individuals which would he payable upon sale of house with no interest. Box added that three public hearings would be required to find out what citizens want. Box said it is a two application prOcesS,the preapplication which is sort of a shopping list would be due before May 15. Rag- land moved that we authorize three public hearings to pursue the program; Phelps seconded and on roll call, all YES. Almquist asked for Council input on specific projects they would suggest. Laws requested that an additional item he placed on the agenda under new business having to do.with connect fees as just passed by ordinance. Laws said that he had talked to the Jackson County Homebuilders and it was learned that in the ordinance is one provision whereby a property owner can De charged for a hook- up twice. After some discussion the Director of Public Works w-as asked his opinion and he disagreed saying he was quite sure people were not paying fees twice but would look it up and report Back. Almquist said he could not remember provisions made when the ordinance went through some five years ago but should it read in the way Laws described that provision could be removed. Almquist said at times when a meter is installed and not used that within a certain length of tin~ that there would be a reinstalla- tion charge. Laws moved to pace on agenda; Ragland seconded. On voice motion passed unanim, usly. Alsing wondered if there was some kind of confusion whereby the subdivider gets reimbursed when someone wishes to connect. Almquist said he would review ordinance and Bring matter back at next meeting and no action is necessary at this time. Second reading by title only was given an ordinance changing the penalty for violation of certain ordinances from misdemeanors to infractions and Ragland moved for adoption; second by McCannon and on roll call, passed unanimously. City Administrator reported that at last meeting a petition from some property owners on West Ivy Lane requesting that width of West Ivy Lane be kept to a width of 28 feet' instead of the 36 foot width as proposed and waiving all right of parking on either side of the street. Almquist said he is not concerned about traffic bu~ parking could be a problem and recalled that sometime ago Enma was reduced for purpose of saving large trees but owners were re- quired to sign in favor of widening to standard 36 ft. if street was ever developed in the southerly direction. Almquist said ther~ is a subdivision planned off westerly end of Ivy Lane into a cul d~ sac and there will be no parking on that cul de sac.(Continued) 3/21/78 Pg. 4 Regular M.e_e~ing Ashland City Council IVY LANE IMPROVEMENT CONT. CITIZENS PLANNING ADV. ORD PHOTOCOPYING CHARGES (P.D.) SPECIAL ELECTION RESOLUTION LEASE OF CITY OFFICES 27½ No. Main Street DEPARTMENTAL REPORTS ADJOURNMENT Alsing said that street would go into landscaping and suggested that the street be staked out to see what the effect would be. Almquist said that width of the street could be taken up later and that he could could ahead with the second reading. Second reading was given and Phelps moved for adoption; Laws seconded and on roll call, all YES. The City Administrator gave first reading by title only of an ordinance establishing a committee for citizen involvement and a citizen's planning advisory con~nittee. Laws moved to second reading; Phelps seconded and on roll call, all YES. Planner Box asked for Council direction to formulate, send out and advertise applications for sixteen member citizens body. Almquist explained that zone changes must be held up until such time as the committee is formulated. Laws moved to advertise for applicants; Ragland seconded and on roll call, all YES. First reading was given an ordinance amending the Ashland Munici- pal Code relative to photocopying charges by the Police Depart- ment and McCannon moved tO second reading. Laws seconded the motion which passed unanimously on roll call vote. A resolution calling a special election for May 23, 1978 to con- sider a charter amendment proposed by initiative to provide for the election of the Municipal Judge was read and Ragland moved for adoption; Phelps seconded and on roll call, passed unanimously The renewal of the lease of 27~ No. Main Street for City offices was presented. Ragland moved to authorize Mayor and Recorder to sign; Laws seconded and on roll call, all YES. Ragland moved to accept departmental reports for the month of ~bruary; Phelps seconded and on voice vote passed unanimously. ~e meeting adjourned at 9:30 P.M. Nan E? Franklin City Recorder CO/TRCTT. CY~IRMAN mnran nm February 15, 1978 Brian L. Almquist, City Administrator Allen A. Alsing, Director of Public Works {.~, Proposed street vacation Attached is a petition requ~'sting the vacation of Prim Street between Tucker and Sheridan. This portion of Prim Street is not presently open. There are several rather. large properties abutting this street and closure would preclude any future land divisions -without providing alternate access routes. Also, there wasa minos land partition of one of the abutting properties recently on which the Planning CommiSsion required additional street dedication and an agreement for future curb, gutter and pavement Because of these items, I would recommend that the Planning Commis- sion have a chance to review the request. Ash] and P]anning Conmi ssl on 3-8-78 STREET VACX]ION ADJOURNS.lENT Winterowd discussed the propesed vacation of Prim Street b~ween Tucker add Sheridan Streets, which is being requested by petitioners, and said it would be discussed by the City Council at their March 21, 1978, meeting. Planning Director Richard BOx said he would report to the C~uncil on the decision of the Planning Cor~ission, and said the Director of Public Works was opposed to the vacation because it landlocks property and cuts off future development in the area. Morris said he was not in favor of t~e vacatiop and Shapiro felt it would be a big mistake also. Alderson felt if there was going to be a tight Urban Growth Boundary that property within the City needed to be developed. Billings felt it would downgrade property. Shapiro said the only argument for the vacation, that the street narrcwed down to 25 feet, was very weak. The CoFa~ission felt vacated streets and alleys usually resulted in future problems, and }lorris moved to recommend to the Council that Prim Street between Tucker and Sheridan Streets not be vacated. Second by Pugh. Motion PASSED unanimously by voice vote. Morris moved to adjourn, at 10:45 p.m. second by Alderson and the meeting ~as adjourned ikichard C, Box Executive Se'cretary em j .~arch 16, 1978 Ashland City Council ,~,r~liL Planning Commission Prim Street vacation petition. On March 8, 1978, the Ashland Planning Co~ission reviewed a vacation proposal for an unopened portion of Prim Street bet~een Tucker and Sheridan Streets. The Con~issioners were unanimously opposed ~6this vacation, for the following reasons: 1) 2) A "tight" urban growth boundary necessitates maximum allowable utilization of land within the boundary. The value of the property would be lessened, because future single-family. development'served off Prim Street would be precluded. 3) General circulation for impaired. that portion of to~m would be