Loading...
HomeMy WebLinkAbout1976-0518 REG MIN'MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL MAY 18, 1976 ROLL CALL APPROVAL OF .MI~FJTES CO~L~flJNICATIONS , PETITIONS & REMONSTRANCES Dr. S. Johnson Request waiver of assessment PETITION FOR IMPROVEMENT OF COVENTRY, OXFORD ETC. PETITION F~R L~I°ROVEMENT GUTHRiE STREET PUBLIC FORUM UNFINISHED BUSINESS Citizen Involvement Herzman Appeal Site Plan Review #21 Having led the Pledge of Allegiance, Mayor Prickett called the meeting to order on the above date at 7:30 p.m., in the Council Chambers. Allen, Ragland, McCannon and Laws were present. Hoffarth and McDowell were absent. McCannon moved to approve minutes of the regular meeting of May 4, 197, Ragland seconded and on voice vote, all YES. Laws moved to accept minutes of Boards, Commissions & Comnittees; second by Allen and passed unanimously on voice vote, A letter from Dr. Stewart Johnson requesting waiver of assessment on Starlight Place was read by City Administrator Almquist who recommende, postponement of matter until more information can be made available. Laws moved to table for more information, Allen seconded and on roll call, all YES. Petition from residents on Covent~7, Oxford and Cambridge Streets, requesting installation of street improvement by assessment district read by City Administrator Almquist who stated that a Resolution setti: public hearing would appear later on agenda. City Administrator Almquist read a petition from residents on Guthrie Street requesting improvements and formation of an assessment district Almquist noted that the majority of the owners are in favor and also that the project would leave 200 ~eet unpaved and asked City Attorney Salter if a public hearing could be held for the entire amount. Salte sai~ it could. McCannon recommended that entire lep~th of the street be ~onsidered in the public hearing. Action deferred to Resolution. No response from the audience. A letter from Jackson County Planning Department reIative to Citizen Involvement Committee was discussed by City Administrator Almquist who noted that Planner Mawson would be alternate to make sure Ashland is represented as the committee has had difficuluty getting a quorum. Almquist said the committee would like support and/or input on their proposed by-law amendments. Laws moved that Council indics~its accep ance of proposed changes. McCannon seconded and on roll call, all YES Councilman Ragland asked to be excused from discussion because he owns property adjoining that in question, and left the Council table to Join the audience. City Administrator read a letter from Gerald J. Scannell, Jr., representing Appellant Herzman; submitted Planning Com- mission minutes of the meeting of April 12, 1976, a letter from Plan-- ning Technician Himes to Herzman, and a memorandum from the Planning Commission to Council (attached). Himes shm~ed a slide of the site and explained the conditions in connection with the approval and that a request was previously made to change part of the off--street parking design based on original lot lines of Summit Addition and subsequent change of ownership and applican~ wished to use the alley off Pearl St, 5/18/76 Pg. i Regular ~leetlng Ashland City Council 5/18/76 Herzman Appeal cont. NEW & MISC. BUSINESS Public Hearing Mann Request for access to the triplex since the owner of the apartment did not want traffic passing through her parking area. Himes explained that the approval of the Site Review was given without the use of the alley as access, but Planning Commission approved alley access provided that Herzman paves the alley. He added that the Planning Commission did not specify what width the alley should be paved. The nsable track is about nine feet wide, but the right-of-way is sixteen feet in width. Herzman said that none of the other property owners have legal parking except off the alley and that he has nothing against paving of an alle] · except that if he paves his part, he can see no reason to leave the of the alley unpaved. Ragland was accused by Herzman of influencing the Planning Commission by making his wishes known'as to the access problem in advance of the request. Ragland, as a citizen and not a Councilmember, stated that he supported the need £or Site Plan Review as a necessary tool in the planning of the City and that it took three years of hard work to get the ordinance passed and that now he would like to see the criteria followed and conditions made effective. He said further that the paving of the entire alley would cause him to lose trees and vegetation which now affords him privacy as his proper~.' backs up to the narrow alley. Herzman said if the City decides to improve the alley, he would be happy to sign in favor of it. On Laws question as to why the alley must be paved, Mawson explained that the Planning Commission thought there would be considerable increase in traffic on the alley, M~wson said it was felt that if it was paved then they would be encouraged to use it. Denny Hartman spoke saying that he owns the property adjacent to the triplex and that he is con- cerned about the increase in traffic and dust and that the cars will probably end up being parked on G'esham. Neil Mann said that he heard an account stating that Herzman h d offered to pave the alley and that he wanted to correct the statemen to include "if everyone else does". Ragland brought up the fact that Herzman was allowed to put a ramp connected with his parking area with the condition that it be flared to encourage traffic to go into Pearl Street and that this had not bee~ done. Herzman admitted that he ignored condition because his contentic is that it is being misused. Allen~s request to abstain because of a legal suit pending was approved by the Mayor. Laws moved ~o ~sny appeal on this paving because whatever is done in that ares will distu~ some property unless access is through the adjacent parking area, and since the new owner has precluded this, to deny the appeal will incur minimum damage to the alley. McCannon seconded. Mayor Prickett felt the Planning Commission should determine width of paving. On roll call, Laws and McCannon voted YES. (Ragland and Allen abstained). A public hearing regarding a proposed amendment to the 1966 Comprehen- sive Plan on property situated between Faith and Clay Streets, south of Hwy. 66 as applied for by Nell Mann was opened. City Administrator Almquist entered the following documents into the record; (1) letters 5/18/76 Pg. 2 ReSul~r MeetinK Ashland City Council 5/18/TM P~.3 Mann Request cont. from Attorney Scannell dated April 26, 1976 (which was read by Almquis~ and March 11, 1976; (2) staff report from .Planning Commission dated April 20, 1976; (3) minutes of Planning Commission of Apr~i 12, 1976 and staff report of April 8, 1976. ~e public hearing was recorded. Planner Mawson showed location on map of property on Clay Street com- prising approxL~ately 7.6 acres and zoned for R-3:2.4, residential multiple family. The Comprehensive Plan shows the northwest portion of the site is designated as "heavy commercial" and the ~emaining por- tion as "medium density residentia~l Mawson explained that medium den- sity residential would allow five to seven units per acre, and Heavy Commercial to High Density Residential would allow 35 units per net acre. Mawson showed aereal photo of the mostly vacant property and pointed out where cornering property owner does not want change in plan to allow multiple family. Mayor Prickett opened the public hearing and asked for comments from those in favor of the proposal. Gerald J, Scannell, Jr. representing the applicant spoke in favor saying the application is not for a zone change but an amendment to the Comprehensive Plan and brought up an item in the evening Daily Tidings quoting the Attorney Geoeral as sayin he believes "cities may exceed limits set by comp plans". Scannell sa] he also researched the legal ramifications saying that the Comprehef~siv Plan existed before SB100 so such legislation would not control plan. Mayor Prickett then asked for opposition to speak. Kent Cutting of Neighborhood 6 of the new Comprehensive Plan spoke for property owners in the Faith, Clay, Wine & Glendale Street area, saying that residents of the area bought their homes under the existing plan designating it as medium density 'ssidential. Cutting submitted a petition signed by 8Z of the 84 f .nilies living in the neighborhood in opposition to the proposal and said they disagreed with the present owner's concept of development of"low-cost subsidized housing". Lee Silver, 710 Faith Avenue, spoke against the proposal saying that he has watched traffic problems develop where Faith & Clay Streets lead onto ~ha Hwy 66 overpass ramp. Billie HagBert, 560 Clay Street cited traffic already so hazardous as to cause busses to be rerouted off of Faith & Clay Streets. Larry Herzman of Ladar Construction suggested a moratorium on apartment building until the new Comprehensive Plan is completed. John Allison of 539 Clay Street spoke in opposition to density. Public hearing was closed at this point, Allen said that Mann has filed a legal suit against him and felt he must disqualify himself. Laws said it is a tough question and unfortu- nate. that zoning and the comprehensive plans are in disagreement. 5/18/76 pg. 3 Mann Request cent. Cook's Reception Transfer Liquor License Friends of Library Coffee Concession - July 4th Sidewalk Pavement Request Throne - 320 Iowa Street West Fork Street Vacation Request - Liebowitz Noise Permit Request Dan Grey Wedding Mayor Prickerr said the comprehensive plan is in the process of being updated, and felt there should be no change in the Plan until the updating process has been completed to comply with LCDC. Scannell replied he felt the change was made in 1972, but the map was not revised In answer to a question by Herzman, Mawson said the proposed comprehen- sive plan would allow a total of 90 units, but the current zoning would allow 138 units, but current comprehensive plan will allow only 53 units Mann said tie had asked for a permit to build 53 units two months ago and was denied, to which Almquist said the proposal at that time was for construction of all 53 units on one corner of the parcel, which would create a density greater than allowable under the comprehensive plan, but 53 single-family units could be built. Mawson said the real question is whether existing comprehensive pl. an should be changed. McCannon moved to deny the Appeal. Ragland seconded, and motion passed on roll call with Ragland, McCannon and Laws voting YES: Allen abstained Request for liquor license transfer by Lance Jennings for Cook's Rec7 option was considered, Chief of Police Hays recommended approval. McCannon moved to approve; Ragland seconded. Allen abstained. All others voted in favor on roll call vote. Request considered from "Jackson County Friends of Library" to have coffee concession (and lemonade) on steps of library before and during Fourth of July parade and McCannon moved to approve; second by Laws and on roll call vote, all YES. City Administrator Almquist read a letter requesting permission to pave a strip between the curb and existing rock wall paved with asphalt at he~ expense, and also read a memorandum from Director of Public Work~ relating the fact that specifications call for Portland cement concrete and that this would be a departure from previous practices. Allen moved to approve request saying that improvement would benefit City; Ragland seconded and on roll call, all YES. A letter requesting a portion of West Fork Street be vacated for Daniel Liebowitz was read by City Administrator Almquist as was a memo- randum from Director of Public Works Alsing recommending against the request. Lieb~¢itz who has an offer contingent upon request spoke giving reasons for wanting portion of City's right-of-way to preclude extensive excavation for building because of sloping lot. On Laws' question relative to future need to widen, Alsing said that on previous occasions where the City vacated property reserved for street widening it was found to have been an error to give it up when found to be neede& Lieb~¢itz said that he had withdrawn a minor land partition previously filed. Laws moved to deny; Allen seconded and on roll call, all. YES. A request for a noise permit from Dan Grey was read by City Adminis- trator Almquist. Dan Grey explained that he needs a noise permit for his wedding as light jazz would be played during the ceremony and reception with amplifiers being used. He noted that it will be a 5/18/76 Pg.4 Grey Noise Permit Request Ordinance - ~lumbing Permits Wimer Street Imp. Ord. Ordinance on Parks Resolution - Guthrie St. Improvements Resolution - Cambridge, Coventry & Oxford Sts. Improvements Tischhauser, Bubb & Co. Audit Contract SOSC Swimming Pool Contract Christian wedding with about 300 people in attendance. Mayor asked if Parks Department had approved use of the Sycamore Grove area and Grey said he had received approval for use of park and electrical connection was arranged. Allen moved to grant request; Ragland seconded and on roll call, all YES. Grey agreed to tuEn the music down or off if there were complaints. Second reading of an ordinance to amend Ordinance No. 1825 was read by title only by City Administrator Almquist. Allen moved to adopt; Rag- land seconded and on roll call, all YES. First reading of an ordinance authorizing and ordering the improvement Of Wimer Street from Chestnut to Grandview, and Grandvim~ from Wimer southerly a distance of 600 feet by constructing thereon curbs, gutters and paving was read by City Administrator Almquist. McCannon moved to second reading; Ragland seconded and on roll call, all YES. City Administrator gave first reading of an Ordinance amending Ordin- ance No. 626 relative to parking in and adjacent to the City parks. Mayor suggested deletion of the section which prohibits selling in or adjacent to the parks because it is already Drohibited under a section of the Peddler's License Ordinance, to ~ich Council agreed. (Allen left the meeting at this point). Almquist read the ordinance with paragraph deleted. Ragland moved to amend the ordinance by adding "or on park side of any street adjacent to park" to the sentence which read "No person shall camp within the park limits within the City of Ashland". Laws seconded, and motion passed unanimously on roll call vote. Ragland moved to pass the ordinance as amended to a second read-- ing. Laws seconded, and motion passed unanimously on roll call vote. City Administrator Almquist read a resolution providing for the cons- truc~ton.of curbs, gutters and paving on Guthrie Street, and settinZ a pu>iic hearing to consider protests therefor. Laws was granted per- mission to abstain. McCannon moved for adoption; second by Ra~land. On roll call Ragland and McCannon voted YES. (Allen had left meetinR). Motion carried. A resolution was read by City Administrator A]mquist providing for the construction of curbs, gutters and paving on Coventry, Oxford and Cambridge Streets, and setting a public hearing to consider protests therefor. McCannon moved for adoption; Ragland seconded and on reil call passed unanimously. Ragland moved that Mayor and Recorder be authorized to sign contract for audit with Tischhauser, Bubb & Co.; McCannon seconded and on ~o!i call, passed unanimously. Ragland moved to authorize Mayor and Recorder to sign contract for rental of swinmling pool with Southern Oregon State College for the summer of 1976; Laws seconded and on roll call, all YES. 5/18/76 Page 5 Regula__r ~ing Ashland City'Coun~il~_, Oak Knoll Open Space McCannon moved to place Oak Knoll item on agenda: Laws seconded and ~n roll call all YES, City Administrator Almquist said that he had author zation to file for "open space" designation for the golf course at Oak Knoll. It was pointed out that the Assessor approved the applica- tion which resulted in a 36% reduction in assessed valuation. The Cit Administrator stated that this year the reassessment was done on the basis of the land being used for single family dwellings and pointed ou that recent court ruling says the zoning cannot be changed and the open space criteria should stand. Almquist recormnended that the City as 'Owner work in concert with Bill Roble, Secretary of Oak Knoll Corp. on appeal as filed by the corporation with the Board of Equalization° Ragland so moved; second by McCannon and on roll call, all YES. Departmental Reports McCannon moved for acceptance; Laws seconded and on roll call, passed unanimously. Liaison Reports Laws announced that the next Council of Governments would be meeting on May 26, 1976 in Ashland (host) at Mark Antony Hotel and asked that City Administrator Almquist poll Council for arrangaments with COG. Meeting adjourned at 10:50 p.m. ~- Mayor