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HomeMy WebLinkAbout1977-0201 REG MINMINUTES OF THE REGULAR MEETING ASHLiND CITY COUNCIL 'Februazy ~,~1977 PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES PUELIC HEARING ~omp. Plan Change No. 7 Olan Sneed, Applicant The Pledge of Allegiance was led by Mayor Prickerr who called the meeting to order at 7:30 PM on the above date in the Council Cham- bers. Present were Councilmembers Laws, Phelps, McCannon and Rag- land; Drescher arrived at 7:35 PM. McCannon moved to accept minutes of the Executive Session and the regular meeting of January 18, 1977' Laws seconded and on voice, i all YES. (Amended later n meeting~ A memorandum from the Planning Commission was read recommending denial on January. 10, 1977 for a change in the Comp Plan as applied for by Olan Sneed from Medium Density Residential which would take from 5 to 7 units per acre to High Density Residential which would accommodate 35 units per acre, The parcel is located at the south- east corner of Siskiyou Blvd. and Mary Jane Avenue. Entered into the record was a Staff Report dated January 5, 1977 which included Applicant's findings; public hearing notice and a copy of the Plan- ning Commission minutes of the regular meeting of January 10, 1977. The proposed site was shown on the Comprehensive Plan map and slidel were shown by Planner Himes, Almquist entered into the record a letter from J. H. Hyde objecting to the request. Himes said it. wopld be possible to get 20 units on the site but only ten are planned. Himes added that property owners at the Planning Commiss- ion public hearing had complained of excess cars parked in the neighborhood now and that more traffic would be created in the residential area. Mayor Prickerr opened the public hearing. Attorney Hampton representing the applicant reviewed the bacl ground of the request said the applicant had DurchasedLthe property not to~ long ago on the basis of the High Density Multiple (R-3 1:2) which would allow up to twenty five units and that at this point he is trying to recoup an investment made based on a Zoning Ordinance of 1964. Hampton said he can understand opposition of residents in the area but the decision must be made on what is best for the City and up until two years ago Zoning would have controlled where no~ the Comprehensive Plan prevails, Hampton explained that the ~pp]ic- ant plans to develop only 10 units on the site which would leave extra room for parking and suggested a restrictive covenant be recorded so that no more than the original ten units could be built on the site. The need for units to offset the high cost of residenL ial property was cited by Hampton. Gilbert Wagner of 920 Mary Jane Avenue voiced objections on hazard- ous traffic problems which could be created at Mary Jane and Blvd and the cars will be parked on Mary Jane - not on Siskiyou and the view will be blocked, Wagner ~aid he'had ~eard that ~t is no longer safe for women to go into the basement of the First Baptist Church and blames conditions on neighboring apartments, Don Von~ dracek of 940 Mary Jane agreed with Wagner and reminded Council they represent the community, Don Hartkopf of 907 Mary Jane object' to cars parking on the streets and 6hat when you buy a home you buy the view with it and we will lose our vie~. Don VanCurler spoke in ,_R~gul_alj<aetin~ Ashland City Council 21]/77 PU. 2 PUBLIC HEARIHG CONT. Sneed,'Comp Plan Chg. 7 TRAFFIC COMMISSION MINUTES OF BOARDS, COMMITTEES DARRELL BOLDT RESIGNATION opposition stating that taxes are higher above the Boulevard and that the apartments in the area have generated so much traffic and parking that Mary Jane is now about a one-way street. Les Emil who said he owns 6 acres on Hwy 66 and is the brother-in-law of one of the owners cited the need for housing units in the City and sale that owners had been paying taxes based on the zoning and is in favor of application. Hampton reiterated that the Zoning process is a community-wide pro-. cess for the good of the City and cannot be,planned around the desires of each neighborhood, and said it is j~st by a quirk that the applicant cannot build twenty five units. Leroy Conway, 936 Mary Jane said when he bought his property he noticed three water meters'm~dthought there would eventually be three residences on the site and he fears for the property values. Alta Nichols spoke in opposition to having apartments across the street from her resi- dence. Don Hartkopf said the increase in people housed in multiple units would have impact on water shortage expected. Mayor closed the public hearing and turned the meeting back to Council for dis- cussion. McCannon asked Hampton if the builder knew of the Zoning and Hamp- ton said that the Zone was R-3 and is today but the Comp Plan des- ignated the entire area as R-1 but until a couple of years ago no- one paid any attention to the comprehensive plan. Hampton added that the comp plan came into its own when the courts decision said it controls, On Drescher's question as to whether the applicant owned the prop- erty before the comp plan controlled, Hampton said the apOlicant is the proposed owner and at this time Ranier owns the property and he represents both parties, Drescher wondered ifa duplex, triplel or fourplex had been consider~d as a use and was told such structur could be placed in any R-3 Zo~,e but it becomes a matter of cost and cost is not one of the factor~ in LCDC plan. City AttoTney Salter said that if Council decides to rely on restrictive covenant, he would like to research first. Laws suggested Council hold off on decision until the comp plan is presented so that decision is not made on one spot. Hampton suEgested that based on the information before the Council that a decision can be made now. Drescher said there is a comprehensive plan design which is more appropriate and it would provide more orotection for the neighbors and moved that the action of the Planning Commission be affirmed and the auplica- tion be denied, Second by Laws and on roll call~ all YES. Mayor Prickett announced that he would continue as Chairman of the Traffic Commission until the make-up of the commission is changed' with new ordinance, Prickerr said.other=appointments_will be made on February 15th. Ragland moved minutesof all boards, committees and commissions be accepted and placed on file; Drescher seconded and on voice vote, passed unanimously. City Administrator Almquist read letter of resignation from Darrel! Boldt, Chairman of the Historic Commission and said a reappointment would be made on February 15, 1977. ~ 2/1/77 Pg, 2 Re,~.j_!?Ieeting Ashland City Council 2/1/77 Pg. 3 HISTORIC COMM. COOLEY SEWER HOOKUP RE. QUEST GEORGE SEWER HOOKUP REQUEST PUBLIC FORUM Ragland said that the National Trust people will be in Southern Oregon and that Don Frisbee will be up from San Francisco and suggested a meeting with the National Trust, Historic Commission, Chamber and Council be held about March 18. Prickett directed Ragland to communicate with Frisbee and make arrangements and adv- ertise in the paper. A letter requesting a sewer hookup outside the City limits from L. Russell Cooley was read by Almquist. Mayor'Prickett said that a poor precedent was set when sewer hookups were allowed outside City on Clay Street and that the policy in past has been to. allow hookups only where property owner had experienced septic tank fail- ure and that new construction hookups were not allowed on policy of the past. Laws said if we hookup outside City we are Just opening the door for more requests and moved to deny application. Drescher seconded and on roli call vote motion passed unanimously. A letter from Mr. & Mrs. Leslie George requesting a sewer hookup outside the City was read by Almquist who explained the property is on steep terrain above the ditchat the end of Hillview Drive The high fire risk was discussed and the applicant explained that they cannot get a well permit until they are given a sewer hookup and that perhaps her nine acres might help the City with water. Mayor Prickett said that by allowing hookups outside the City that the applicants are enjoying all of the attributes of the City whicL its citizens have paid dearly to enjoy and by allowing requests the City is going into speculation and that a definite policy must be established because piecemeal situations make for poor development. Britta Hazell who heads a research group on' carrying capacity and ~esource projection in Southern Oregon urged Council to establish ,'irm policy on hookups.~ Prickerr said that the policy often change with change in body, Ragland said that under the new state guide- lines hookups will have. to be allowed in a service area because federal funding was used to upgrade sewer treatment plant which wi! obligates the City to serve but when the Urban Growth Boundary is set the City will then have the option to permit or deny. Phelps moved application be denied. Laws seconded and on roll call, all YES. Prickett said he had received letters from Jovita Schweizer and Charlotte Sheldon seeking appointment to Council vacancy and Carroll Corliss called attention to Senate Bill 399 which would reimburse cities with extensive untaxable property to insure adequ-- ate fire protection and asked that Council study the bill and give it support. Corliss mention benefit of $3,000-$4,000 but Prickett understood it was considerably more. Britta HazeE announced that the Carrying Capacity Study Group is sponsoring first ~nnual public forum on m~jor energy issues to be moderated by Dr. Fred Miller and held on Feb. 14 at Medford City Hall at 7:30 p,m, 2/1/77 Pg. ~ OAK KNOLL PP&L ENDORSEmeNT UNFINISHED BUSINESS Oneida Circle Retaining Wall Report PLAQUES IN APPRECIATION MONTHLY FINANCE REPT. P~3IKS & REC. FINANCE REPT. STREET CUTTING REQUEST POOL COMMITTEE REPORT Mayor Prickett reported that a subconmittee made up of he and McCan non had met with members of the Oak Knoll Corporation to review a request for option to pay taxes on quarterly basis instead of havi~ final payment of three quarters payable on February 15, 1977. Roble said that the operation of the restaurant will be leased out and they will retain operation of golf course. It was the recommenda- tion of the sub-committee to allow one quarter payment on February 15, 1977 and to reevaluate on June 15, 1977. McCannon moved that item be placed on agenda; Laws seconded and on voice vote, all YES. Drescher moved to allow the quarterly payment on February 15, 1977; McCannon seconded and on roll call, motion passed unanimously, Almquist asked if Council wished to endorse PP&L based on slide presentation held at study session. Drescher suggested Council not go on record endorsing concept which in effect is advertising. Phelps said He is concerned about energy crisis but could not en- dorse this film~ McCannon said he hoped the impression wouldn't be left that we are not concerned about energy, Council agreed . no action was necessary, Laws moved to table discussion until Cornelius can attend meeting; Phelps seconded and on roll call, all YES, Almquist read a memo reporting on plans of HUD to make application for authorization of thirty existing rental units in Ashland and gave statistics of units already authorized and suggested that Ash- land leave its interest in housing in the hands of the Housing Authority who h~s successfully administered the agency in Jackson County. No action necessary, Almquist reported that plaques to he given Councilmembers for services to City would cost approximately $35.00 with engraving, Laws moved that the City Admiristrator be authorized to purchase plaques for Allen, Hoffarth a~d McDowell, Ragland seconded and on roll call all YES, The Monthly Financial Commentary was accepted with no comment. The Parks & Recreation Financial Commentary was submitted and Mayor Prickett asked about Recreation Division's ending cash balance and Nelson explained that his estimate of $1,800 is about the same amount with'which they started last year. Commentary accepted. A memo was read from the Director of Public Works requesting per- mission to cut Third Street where the water line is being replaced between A & B Streets. McCannon moved to grant permission; second by Laws and passed unanimously on voice vote. A memorandum from the Parks & Recreation Commission was read on progress to date in seeking a site for a community swimming pool with statistical breakdown of open space sites explored by the committee and requesting a study session with City Council to go into details more deeply as the proposed project relates to the Community Development funds applied for. Nancy Pinnock explained rating procedure and requested a study session to more fully ezplor details, Mayor Prickett said he had no prioity in mind for site but agreed with need and said as soon'as information comes in from government, a meeting will be called regardless of answer we get on funding~ 2/1/77 Pg. 4 F, egu/ar ~'.leating Ashland City Council 2/1/77 6RDINANCES, RESOLUTIONS & CONTRACTS ANNEXATION ORD. Goddard Correction of Minutes Exhibit "B" of 1-4-77 Ordinance - Withdrawal from JC Fire Dist. No, 5 The City Administrator gave first reading on an ordinance annexing a contigious area to the City. McCannon moved to second reading; seconded by Drescher. Mr. W. Lo Robertson of 316 Patterson Street asked if more than forty units are planned and Almquist said that forty units will be built and later another forty and a restaurant. Robertson said he had Been told there would be one hundred fifty units. Cottle said he didn't know where he got that information and he had never heard it. Mayor said the agreement stated 80 units. Cottie said the confusion may have come from the fact that conferenc~ room to hold 100 or 150 people was planned for the development later On Robertson's question as to whether an environmental impact report is ne~essary,~Almquist said it is.not, Robertson asked Almquist if he would go along with the request knowing of the water shortage danger and wondered if he is aware of the quantity used by each unit and each individual. Almquist said it is not his decision to make but that it is known that water consumption is less in motel units than in houses or apartments. Robertson said he had just returned from Southern California where he had researched useage and found that motels claim consumption is greater in units than fo~ single family residences, and recommended Council go into the matter more deeply before going further - stating Council might be doing Goddard a favor. Robertson said the construction proposed might just put the City over the brink and reminded Council that lust a few years ago AsHland was looking into an assist in our water reservoir and suggested project might be equivalent to serving 300 homes, He suggested more figures be available on useage to base a decision on. Richard Cottle who is representing Goddard asked the approval of the m~nutes for the meeting of Janaury 18 be reopened for correction and explained that he had asked for an understanding with Council and t~e City Attorney that to avoid going through the same evidence that ~as produced before the Planning Commission and previous Council hearings relevant to the rezoning of the same property and since there was no opposition he would ask that Council refer to the evid- ence submitted and also statistics on festival season from Patton. He said he had no new evidence to submit. Council agreed to accept evidence instead of having Cottle go through the whole presentation again and Salter said he did not object. 0n r011 call to pass to second reading, McCannon, Ragland, Drescher, Phelps and Laws voted i~ favor, Laws moved to reopen minutes, Phelps seconded & on voice vote all YES, Recorder Butler referred back to minutes of Jan, 4~ where the applicant's findings, minutes of the Planning Commission dated December 13, 1976, staff report of December 8, 1976 and Tape PC-8 were made part of the record and agreed that Cottle had made reference to the same items on Jan. 18. Laws moved to accept that Cottle had said it; Drescher seconded and on roll call Phelps, Laws~ Drescher and McCannon voted YES. Ragland abstained having been absent at that meeting. Aimquist gave first reading of an ordinance withdrawing property from 3ackson County Fire District No. 5. Laws moved to second read- ing; Drescher seconded and on roll call, all YES. 2/1/77 5 Regular Meeting Ashland City Council 2/1/73 ..... PS.f OkDINANCE AMENDING ZONING (Goddard, applicant) FINDINGS OF FACT ZV No. No. 275-Humes (Attached) Ordinance - Taxi F~anchise Ordinance 0 Arbitration Traffic Commission Ordinance Position Classification Ord. Resolution transferring appropriations First r~.~;'izb ', L:s given an ordinance amending the Zoning Ordinance and McCannon moved to second reading; Laws seconded and on roll call, all YES. Sal~er,~-:7~','~r-!~be circumstances of the previous meeting and the pub21~.=:,?~r~l:~.~ting that in the interim McDowell has resigned and Ra~r7,~'z,!..=~/:bsent and that McDowell not being on the Council can no t~rZ~r .~=~te on this segment of the variance and Ragland could abstain, ~yoY Prickett said the matter could be deferred until Ragland t~a~ o~purtunity to listen to the tape and it would not adversely effect the outcome. Laws said he has reservations on his vote because he was basing his consideration as though the garage had not be~ built and it wasn't kno~ to him at that time that ther had been~D,,rj'cr the garage in Back of the house and all that had been men~i=~'e~L)~ 'as the cost and had he kn~ that he would have decided it should have gone in the back. Laws said that based on his understanding now, he made a mistake ~o weeks ago when he voted McCannon said the idea was if the garage was not there, would you ~ve granted a variance - and that is why he voted the way he did. Phelps moved to reject the findings of fact, Laws seconded, and motion passed with Phelps, McCannon and Laws voting YES, Drescher voted NO, and Ragland abstained. McCannon added that he would like for Ragland to study the matter and it be reconsidered at next meet- ing. First reading was given an ordinance pertaining to franchise for the operation of taxi cabs and hours of service, McCannon moved to second reading; second by Ragland and on roll call. all YES. Almquist gave first reading of Ordinance No. 1873 pertaining to the enforc~ent of arbitration awards and Drescher moved to seco~ 4 read- ing; Phelps seconded, 0n roll call, all YES. Deferred until a new Chairman is appointed and Mayor will stay on committee as Chairman. Second reading by title only was given an ordinance amending Ord. No. 1415 adopting a position classification and McCannon moved to adopt; Ragland seconded and on roll call vote, passed unanimously. A memorandum from Director of Pinance Nelson was read requesting transfer of appropriations within funds. On Fmyor's question rela- tive to cost of certified mail in connection with traffic violation and whether it isn't costing the City more money than it takes in on fines Almquist said if we do not pursue pa~nent of fines, the tickets will no longer be meaningful. Drescher suggested there be two fines - one who volunteers to pay and the other who must be'con- tacted by certified mail with expenses of clerks time involved. ~fter a brief discussion the resolution transferring appropr~.atlons was read and adopted on motion by Laws, seconded by McCannon and unanimous roll call vote, 2/1/77 PP&L Easement Ashland Airport Ashland Wranglers Lease Council Vacancy ADJOURNMENT Almquist recommended that an easement at Ashland Municipal Airport be granted PP&L so that service for the underground line can be upgraded and Mayor be~a~thorized tosign the Right-of-Way Easement. Drescher so moved; Ragland seconded, and on roll call, all YES, A letter was read from the Ashland Wranglers requesting renewal of lease on City land on Mistletoe Road and McCannon moved that lease be renewed for five years; Drescher seconded and on roll call, all YES. Mayor Prlckett recommended that a policy be agreed upon in selection of new Councilmembers. Council agreed that time for application for the position should be open until February 15, 1976; that any letter received should be forwarded to each member for consideration at a study session so members are in a position to nominate one or more persons and be acquainted with the background of those interested. Member will be voted in on March 1, 1977 at the regular meeting. The meeting adjourned at t1:00 . . " ett " Mayor CITY OF ASHLAND FINDINGS OF FACT Zone Variance 275 Applicants: Brenda C. Humes and Harry E. Wixon Location: 1190 Prospect Street, Ashland, Oregon Tax Lot 1300 Assessor's Map 15BC The City of Ashland finds that the requirements of Section 18.64.020 (B) of the Ashland Municipal Code are satisfied in the above matter for the following reasons: 1) For the reasonable enjoyment of this single family dwelling, it is necessary that it have the ability to have a garage. 2) That the yard is of such a size and sha[ethat the garage of adequate size cannot be built without the set-backs being reduced. 3) There was not evidence presented indicating that the foregoing would by outweighed by the adverse effects to the health and safety of the persons residing or working in the neighborhood nor that the variance will be materially detrimental to the public welfare or injurious to the property or improve- ments in said neighborhood. NOW, THEREFORE, a Variance is granted to reduce the frontyard set-back to twelve (12) feet and the sideyard set-back to nine (9) feet. The foregoing Findings of Fact were adopted by the Ashland City Council at its regular meeting of the day of February, 1977. JOSEPH BUTLER, City Recorder Findings of Fact RDNALD L. ~ALTE~ ATTORNE:Y AT LAW