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HomeMy WebLinkAbout1975-0819 REG MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL August 19, 1975' ROLL CALL: APPROVAL OF MINUTES ZONE CHANGE NO. 46 MINOR LAND PART. NO.545 Public Hearing ~ '~' WALKER AVENUE PAVING Mayor Prickett led the Pledge of Allegiance and called the meeting to order at 7:30 p.m. on the above date in the Council Chambers. Hoffarth, McDowell, Laws and McCannon were present; Allen and Ragland were absent. McDowell moved that minutes for the regular meeting of August 5, 1975 be approved and placed on file; Laws seconded and on voice vote, all YES. Planner Mawson showed slides and aerial photos of property located at 124 Strawberry Lane and owned by Michael S. and Mary Jo Broomfield on which a zone change and minor land partition is being requested. The slides showed the property consisting of two acres located west of Granite Street and south of Strawberry Lane to be across from farm resid- ential and that the size of the parcels would be approximately one acre each. Mawson submitted a recommendation for approval from the Planning Commission, staff report, map and the applicant's findings of fact, all of which were made part of the record. Mayor Prickett opened the public hearing. Sid Ainsworth, representing the applicants, stated that lots on the other side of the street are 8,000 square feet and that if the lot is rezoned to 10,000 square feet for each parcel that it would be in conform-- ance with the plan of the City. Cynthia Lord of 710 N. Mountain spoke in favor of the request saying that development should be urged in locations where services are already in. Mayor Prickerr closed the the public hearing. McCannon moved that the request for the zone change be approved and that the findings of fact be adopted; Hoffarth seconded the motion. On roll call vote, all YES. Director of Public Works Alsing explained the paving project proposed for South Walker Avenue saying that about ~8% of the property owners signed in favor of the project ~nich is to be paid for with cooperative funding of the County through its City/County Arterial Improvement Program. Alsing said the street would be paved to a width of 32 feet, without curb and gutter or irrigation pipe on the east side. The three property owners inside the city limits will share the cost at $7.33 per front foot and the City of Ashland will fund on an interim basis the abutting property outside the city limits with the balance being paid with the formation of an assessment district made up of property owners in the subdivision. In order to have some assurance that the curbs, gutters and pipe line will be completed in the future, Alsing suggested that such completion might be made a condition for annexation. Hoffarth suggested that such provisic be recorded and Almquist recommended that it not be made part of the rece~ to avoid any change in the value of the property in the interim period, stating this method was suggested by the County. Mayor Prickett opened th public hearing. George Benesch, owner of property on east side of Walker said he is not speaking iX opposition of the project but would like to see the east side of the street completed. When Hoffarth asked Benesch if he would be willing to pay for improvements, Benesch said he would not as his lot ran 290 feet along the street. ~myor closed public hearing. Law~ said he was under the impression that the road was to be completed all at once and wondered if City would not like to stay with original plan. City Administrator Almquist pointed out that the extra costs for extra curb and drainage would run approximately $3,586. 8/19/75 PE, 1 R__q~l~r~MeetinB Ashland City Council Pace two Minutes of Boards, Commissions & Com- mitees Penecostal Church Conditional Permit Donation of land for park purposes - Lord Benesch said there would be no need for piping the east side of the road because no one used the irrigation ditch. Alsing said that there was one property owner below using the water and they shouldn't be cut off. Mrs. Colvet Anderson of 990 Walker Avenue said she uses irrigation water now and always has, Hoffarth questioned the gain to property owner on the east side. The ordinance on improvement was read by.City Administrate Almquist. McCannon asked permission to abstain from voting as he is a property owner in the area. Permission was granted and Laws moved to pass to second reading; Hoffarth seconded and on roll call, Hoffarth, Laws and McDowell voted YES with McCannon abstaining. Motion carried. Laws asked that Item No. 2 of Ordinances, Resolutions & Contracts be move~ up for reading of the Resolution and Agreement relative to the paving of Walker Avenue, and authorizing the Mayor and Recorder to execute an agreement with Jackson County. City Administrator Almquist read the Resolution and Agreement. Laws moved for adoption of Reselution and to authorize Mayor and Recorder to execute agreement; McDowell seconded and on roll call all YES with McCannon abstaining from the vote. McDowell moved that all minutes of Boards, Commissions and Conrnittees be accepted as submitted; Laws seconded and on voice vote, all YES. Mayor accepted petition appealing a decision of the Planning Commission, approving Zone Variance No. 222 and Conditional Permit No. 171, and set September 2, 1975 at 7:30 p.m. for the public hearing on the matter. A letter from Irving and Cynthia Lord was read by City Administrator Alm- quist in which the writers offered a parcel of 2.5 acres with a house on the property to the City of Ashland located at Glenwood Drive and ~shland Streets for park purposes. Mayor Prickett said that the Parks & Recrea- tion Commission recommended that City accept offer and noted that the assessments had been paid against the property and commented on the gener. sity of the donors. Hoffarth said the house could have potential for historic preservation and felt that private ownership could better care for the structure, with interest brought by sale to be used for maintain- ance of the proposed park. Cynthia Lord explained that the grove of tree on the property encircle the house itself. Mayor Prickett suggested that City Attorney draft a document that would contain certain provisions for the care of the property and directed the City Attorney to call the Lords upon his return from vacation. Murray Gardner of 1341 Ponderosa said his cousin lives in the center of a historical landmark in Washington, D. C, Thomas Parker of 1067 Ashland Street said he could see no reason for the City to take in the property for a park when it is only one block away from Lincoln School and so near the college. Parker added that it will come off the tax rolls and that he has supported City projects in the past but that he doesn't want to see a park in his front yard. Wayue Johnson of 1084 Ashland S~reet stated that he lives across the street from the site being proposed for a park and said he would not oppose a neighborhood park but that it would turn out to be a hippie pad. Mrs. Lord said that no one has been guarding the property and that it hasn't become a hippie pad up te this point. Mayor Prick~tt said the matter would be an item on the agenda for the September 2nd meetin% and may be spoken on agai~ at that time. City Administrator Almquist recommended that matter be turned over to the City Attorney. 8/19/75 Pg. 2 Reqular Meeting Ashland City Council Page-three Sims Claim re: 1951 Ford engine Fries Resignation PUBLIC FORUM Cable TV UNFINISHED BUSINESS Taylor Street Cut Surplus Asphalt Notice of Claim letter from Allen G. Drescher was read by City Adminis- trator Almquist relative to alleged disappearance of a 1951 Ford pickup engine while automobile was impounded by the Ashland Police Department. The City Administrator recommended that matter be turned over to City Attorney Salter. McDowel! so moved; McCan~on seconded. On roll call, passed unanimously. City Administrator Almquist read a letter of resignation submitted by Gary D. Fries, Civil Engineer for CH2M who because of relocation can no longer serve on the Water Committee. Fries reconnnended that Elmer Savikko be asked to replace him because of his qualifications. Mayor accepted resignation and directed the City Administrator to write a letter to thank Fries for serving on the committee, and further stated that he had not had the opportunity to talk to Savikke relative to replacing Fries but would try to reach him before the ne. Et Council meeting. Hoffarth asked that the subject of Cable TV service be placed on the agenda for the next meeting stating that he feels it is a public utility and should be regulated like one and reminded Council that since we are involved in a franchise situation that we have an obligation to the people of the City and that the 3% government tax would seem to be illegal. Hoffarth suggested the voiding of the contract be investigated by the City Attorney. Mayor Prickerr asked Hoffarth to contact Sa!ter and p!ac e the matter on the agenda for the next meeting. Director of Public Works Alsing reported that the paving cut requested on Taylor Street was found to be in the portion of street paved prior to moritorium on cuts, and he had therefore authorized the cut. Alsing submitted a memo on methods of using surplus hot asphalt left over from paving jobs, with main emphasis o~ the economic Justification of moving men and equipment versus disposition of msterial, and suggested that when further use by City is not economically possible, the material be transported to another governmental agency or private person, In answer to question by Mayor, Alsing said if telephone numbers are given to City, those indiViduals,could be contacted~hen surplus material is available in their area. NEW & MISC. BUSINESS Teenage Dance Applic. Parks Commissioner D'Olivo appeared to answer questions relative to the application for dance license and noise permit for Parks & Recreation sponsored teenage dance to be held on August 22, 1975. Police Chief Hays said he could see no problem. Hoffarth moved for approval; McDowel] seconded and on roll call passed unanimously. 8/19/75 Page three Liquor License Renewals Recorder Butler submitted applications for liquor license renewals (package beer and wine) for the following: Big Mike's Market, Bi-Mart Company, Kacy's Market, Meister's Buy Rite, Minute Markets #5 & #6, Southside Market, 99 Market, Safeway Store #292, Pioneer Market and Cheshire Cat Cheese Shop. Also seeking recommendation for renewal of dispenser's licenses were: Beau Flub, Chateaulin Restaurant, Elks Club, Coo'ks Reception, Hillah Temple, Log Cabin, Oak Tree, O'Mars, Vintage Inn, Vito's, Ye Olde Pub, and the Boar's Head. On question from Mayor Prickett, Police Chief Hays recommended approval stating he could see no problem. McCannon moved for approval and McDowell seconded, Motion passed without opposition. Financial Commentary Band Equipment Resolution transferring appropriations "701" Grants I-5 Rest Area Contract Addendum Departmental Reports )RDINANCES, RESOLUTIONS ~D CONTRACTS la!ker Avenue Paving Financial report was submitted for review by Council and Finance Director Nelson was present to clarify Commentary. After considerable discussion Mayor Pricke~t requested Nelson to make available a list of unencumbered resources for the September 2 meeting. Nelson agreed. A memorandum from Finance Director Nelson ~as read requesting that appropriations within a fund be approved for monies to provide for pur- chase of a new sound system for the City Band in the amount of $1,093. A resolution transferring appropriations within a fund (Band Fund) was read by City Administrator Almquist. McCar~non moved for adoption; Laws seconded and on roll call motion passed unanimously. A letter from Rogue Valley Council of Govermments relative to "701" Grants was read by City Administrator Almquist relative to the establishment of priorities for "701" Comprehensive Planning funds. Laws moved to authorize City Administrator Almquist to submit request for funding under "701" Grants for Comprehensive Planning. McDowell seconded and on roll call, all YES. Contract Amendment relative to proposed se,~age connection for I-5 Rest Area, amending paragraph 9 pertaining to capitol reimbursement costs changing'the payment to be made in a lump sum of $3,035.00 by the State of Oregon Highway Division. McCannon moved to authorize Mayor and Recorder to sign contract addendum; McDowell seconded. On roll call, Laws, McDowell and McCannon voted YES. Hoffarth opposed. McDowell moved for approval of Departmental Reports for the month of July, 1975. Laws seconded and on roll call, passed unanimously. City Administrator Almquist :gave first reading of an ordinance authorizing and ordering the improvement of Walker Avenue from Hiawatha Place to Peachy Road by constructing paving thereon. Almquist noted upon reading that an emergency clause should be included. Laws meved to reconsider ordinance with inclusion of emergency clause; McDowell seconded and on .roll call, mot]en passed unanimously. Laws moved to pass to second reading with emergency clause as reread by the City Administrator; McDowell seconded and on roll call, all YES. 8/19/75 Page four Regular Meeting Ashland City Council Pag~ five Motel Tax Building Dept. Report ADJOURNMENT Mayor Prickett directed City Administrator Almquist to place motel tax item on agenda for regular meeting of September 2, 1975=on request'of LaWs. Hoffarth requested that report on ~uilding Department study conducted by he and Allen be placed on September 2, 1975 agenda. Regular meeting adjourned at9:45 p.m. to Adjourned Meeting at 11:00 a.m on August 21, 1975. McCannon so moved; Laws seconded and on voice vote, all YES. Aeseph' M. Butler ~City Recorder 8/19/75 Page five APPLICANT: STAFF REPORT ZONE EHANGE AND MINOR LAND PARTITION REQUEST JULY ll, 1974 Michael S. and Mary Jo Broomfield (ZC 75-46/M 75-245) LOCATION: Site is located west of Granite Street and South of Strawberry Lane at 124 StraWberry Lane. Tax lot 600 assessor's map 8DA. NEIGHBORHOOD CHARACTERISTICS: Area is primarily developed with'single family dwellings. LOT AREA: 89,462 sq. ft. or 2.05 acres Parcel 1 - 46,738 sq. ft. or 1.07 acres Parcel 2 - 42,724 sq. ft. or 0.9~ acre ZONING: R-F:B-200, Residential-farm COMPREHENSIVE PLAN: Medium density residential Request is for a zone change to allow a change of zone from R-F:B-200, residential farm, to R-i:B-10, residential single-family. Also there is a request for a minor land partition to allow the division of one lot into two parcels. <FINDINGS OF FACT: Following is the applicant's response to the five zone change requirements as outlined in the Fasano decision. The conditions as set forth in the decision must be established and evidence produced in support thereof before a zone change can be granted. A.-,Comprehensive Plan: The proposed zone change is in conformance with the comprehensive plan. ,Evidence: The comprehensive plan designation is medium density residential. Public Need: There is a public need for the r, equested zone change. Evidence: This property and other land similarly.situated has been within the city limits of Ashland for many years and there is a need to divide property already within the city limits being serviced by city utilities rather than expanding the city limits and erten~p~ the c, ity's ~crvices, Additioc~!]y: tb,'~ is a n~'ed for {building lots wi[hin the city linlits of Asblan~. · C. No Other Land Available: -There is no, ZC 4 Page ct 1 no or pra icaly land available for home sites in the area adjacent to Lithia Park. Evidence: There are practically no desirable iots upon · which to'build homes in the area surrounding Lithia Park. Although there is property in the area already zoned, none of that property has been developed primarily because of inadequate access. D. No Adverse Effect on Adjoining Land: There will be no adverse effect on the adjoining land. Evidence: The adjoining property is all zoned R-I: B--IO or of a greater deusity, so that the requested zone change would zone the subject property in conformance with adjoining land. " ' Public Necessity, Convenience and General W~lfare: Public nece~,- .sity, convenience and general welfare would be served by the re- quested zone change. ~ Evidence: In support of this proposition, all of the fore- going evidence of A, B, C, and D are incorporated herein. Public necessity, convenience and general welfare re- quires additional lots to be developed within the City of Ashland which may be purchased for home construction. Public necessity, convenience and general.welfare would best be served by developing property already within the city limits of Ashland thereby eliminating the necessity of extending city services into adjacent a~eas. Public necessity, convenience and general welfnre requ.ire that · of ~shland with their tax dollars for many'years should ".Be permitted to develop their property when all of the fore~.