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HomeMy WebLinkAbout1986-0415 REG MINAPPROVAL OF MINUTES PUBLIC HEARING Gentry Appeal from P.Co Decision (Oak St Development) MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL April 15, 1986 Council Chairman Laws led the Pledge of Allegiance in the absence of the Mayor and called the meeting to order at 7:30 P.M. in the Council Chambers on the above date. Present were Elerath, Reid, Bennett, Acklin and Arnold. Mayor Medaris was absent. Bennett moved to approve minutes of the regular meeting of April 1, 1986; Reid seconded the motion which passed unanimously on voice vote. A letter appealing a decision of the Planning Commission denying a proposed subdivision on Oak Street from Harold T. Gentry was read. The City Administrator asked that the original application, analysis of development including bonus points, preliminary plat, findings and orders of the Planning Commission and copies of minutes and staff report of February 12, 1986 be made part of the record. Planning Director Fregonese reviewed the proposed subdivis- ion and said it met every criteria in it's proposal and that the Commission found no disagreement with the design of development and the applicant was agreeable to the fourteen conditions imposed by the Commission. Fregonese showed slides of the 1974 flood which were presented as evidence of the Ashland Creek flooding but noted no pictures are available as to what condition the high Waters had or PUD being ~roposed. Fregonese then sho~ed recentslides of the area in question and noted that although there is a pond on the property there doesn't seem to be a drainage problem and the soil is sandy. Fregonese showed where in the 100 year flood area the Ashland Creek water left its channel and this was one of the principle reservations the Commission had and noted they had requested Council to request a study by FEMA of the area. Fregon- ese said that all of the lots are out of the flood plain and in open space area. He said that after the first Public Hearing the Comm4ssion adjourned and continued the public hearing for thirty days to permit staff and the Engineer time to study the matter° Fregonese said that calls were made to FEMA and it's attorneys and the response from FEMA only obligates the applicant to keep build- ings out of the 100 year flood plain or if buildings are constructed they be kept one foot above the flood plain. Fregonese said the Planning Comm4ssion felt approval was not in conformance with the purpose of the Comprehensive Plan in that area. Arnold said Council can assume that the flood study is wrong because the 100 year flood happened above the flood plain. Fregonese said that Council should determine if there is a reasonable certainty that there would be significant damage to this property because of the secondary channel discussed and said those aspects should be covered by the Engineer for the project. ,.,.,,,.°continued 4/15/86 Po 1 Regular Meeting Ashland City Council 4/15/86 Po2 PUBLIC HEARING conto Gentry Oak Meadows The public hearing was opened and those in favor of the Appeal were asked to speak first° Roger Kauble, Engineer for the applicant showed the area on a map with location of Ashland Creek and Flood Plain designation in the area for proposed development bounded by Oak, Hersey and Helman Streets. Kauble reviewed the 1974 flood circumstances saying that unseasonably warm weather melted the snow pack resulting in large volumes of water rushing down Ash- land Creek taking debris with in and in many instances creating debris dams, slides and instant surges when water became freed and noted that Ashland Creek left it's boundary to cut a secondary channel spreading in a wide swath. Kauble said that from a tech- nical and engineering point of view a flood could occur if a secondary channel could develop and to offset that possibility they decided to install a barrier of impervious gabion baskets and if there ever was a second channel then the barrier would send the water back to it~s primary location. Kauble said the work done after the 1974 flood including increased culvert sizes etc. would create less possibility of flooding and doesn't feel that there is a high probability of this happening. Kauble showed the building elevation with gabion basket design with the proposed house being 1~ feet above the ground level. Arnold said that since the~floods appear to be caused by debris buildup we might expect them on a regular basis. Kauble noted that the 1964 100 year flood caused no damage to the property discussed and the 1974 flood likewise apparently caused no property damage° Kauble noted that all ordinance requirements have been met by the applicant, Laws asked how high the barrier is above the ground and Kauble said it is below the ground level and not visible. Kathie Golden, 886 Oak Street, said she lives across the street from the proposed PUD and has nothing against developments in general but had checked with Soil Conservation for the type of soil in the PUD area and learned that there is five feet of top soil over 3 feet of clay and that the clay has a tendency to hold water. Golden cited Comprehensive Plan guidelines relative to flood insur- ance and said we can'tignore guidelines. She said the soil is rated severe due to floods forhomes without basements. Golden said tO develop in a flood plain area is not a right and tile FEMA guide- lines should be followed. GOlden said it is a potentially danger- ous area to develop and doesn't believe the benefits outweigh th~ possible problems. She ~aid as a taxpayer she had lived in a place subject to flood/a~was faced with repair of sidewalks etc, and as a governmental body she feels the risk too great. Golden added that there are other areas in Ashland to build on and she would go along with it. She said the development would be lucra- tive to her but to approve it would be irresponsible. Acklin noted that the Soil Conservation people do their work from aerial photos and that the situation may be different on the site, Steve Haskell, 622 Helman, strongly urged that Councilmembers endorse decision of the Planning Conmission noting that they had full benefit of slides and studies to come to their conclusion. ......... continued 4/15/86 P. 2 egular Meeting Ashland City Council 4/15/86 P.3 PUBLIC HEARING conto C~ntry/Oak Meadows Haskell said he is fairly new to Ashland and had asked long-time citizens of Ashland if they felt flood insurance is necessary in that area and they all agreed it is important. Haskell said he moved here for the environment and would hate to see that ruined by culverted creeks. He said the barrier probably would do the job for the new development but would send the water right back to his side° Neil Benson, Planning Commissioner, urged Council to uphold the decision of the Planning Commission saying that the 1974 flood illustrated the risks and that as a taxpayer he wouldnit want to pay for damage. Benson said if one would look behind the houses · on Helman they could see evidence of flooding. He said the risk is very high because of the types of soil. On question by Arnold as to how their decision should be based, Benson said that he was not here in the 1964 flood but had surveyed the area in question in the 1974 flood and there was water there then. Benson said that is probably the reason the land has never been built on. Benson said the responsibility shouldn't be put on the general public to clean up flood-caused problems and insurance rates would go up for everyone. Matt Farmer spoke in favor of the Planning Commission~s decision to deny saying that there is no question about flood risks and doesntt f~el the citizens are being served by this development. Farmer said if a development is allowed and high waters cause sewer pipes to be broken etc., we would then be looking at the possibility of channelizing the creek and that~s not the reason people live in Ashland. Farmer commended the Planning Commission on it's work and asked that Council uphold their decision. A resident at 530 Oak Street asked that Council uphold the Plan- ning Comm~ssionts decision which was a result of intelligent and responsible efforts. At this point the public hearing was closed. Elerath said he had gone to the hearing and that when Fregonese introduced the subject he said the data is incomplete and the burden of proof is on the City if the proposal is denied. Elerath said that Benson had made his testimony before the public hearing and had made up his mind in advance. Fregonese said that in retrospect he should have said there would be more of a burden of proof on the City because of ordinances that support the project. Bennett said that when people live near a creek or a river might expect additional risks. Elerath noted that it is low-cost housing and sometimes people have to take a chance under those circumstances. Reid asked what the Cityws liability is and the City Attorney said that historically a property owner can do with his land what he desires and that Fregonese had touched on that issue when he said there are no ordinances against the proposal. Salter added that we would have to find extreme dangers before it can be denied and he doesnwt think we can deny it and if we do it may be challenged, Council discussed the liability if culverts dam up and Salter said the liability wouldn't increase but the costs qf monitoring would, ...... continued 4/15/86 P3 Regular Meeting ~hland City Council 4/15/86 P. 4 PUBLIC HEARING cont. Gentry/Oak Meadows Arnold said he would uphold the Planning Commission decision because of the. substantial evidence that there is flood danger and it is a valid thing for Council to avoid building where there is flood danger° Acklin said the likelihood of overflowing channels or surface water on the property is high but that the ordinances don't give Council reason to deny the appeal. Acklin said that if we have a Comprehensive Plan that has a policy, we should have ordinances to implement ito Fregonese said he has the same problem and the ordinance refers to the FEMA maps which are in error and when an applicant comes in to develop an area we must consider it because we do permit building in other areas with other hazards. Fregonese said it is necessary to compare similar risks you allow in other areas and cited wooded hillsides as an example° Reid said it is apparent that the developer has met all requirements but expressed her concern that public utili- ties, streets etc. might be damaged and the citizens of Ashland would bear the expense. Reid said she would feel better if Gentry was providing the utilities. Elerath moved to uphold the appeal;/_Reid. seconded the motion. Arnold stressed the fact that the Coraprehensive Plan goals should be upheld but the ordinance is inconsistent with the CoP. and is flawed° Reid asked if the barriers used caused damage to someone else would the City then be at risk. Salter said that is an Eng- ineering question but if the Engineer is wrong, we could be sub- ject to liability. O~ question of Reid as to the risks of the gabien baskets causing problems across the way, Alsing said he knows they divert water but would have no idea if it would cause problems. Alsing said he did not observe conditions in the area during the '74 flood and said he knows there was debris in the culverts at that time but that had the culverts been fully opened they couldn't have handled the force and volume of the water during that flood. Alsing added that should flood damage occur again as it did in the '74 flood, the City will have to repair damage out of its own pocket because the Federal government would not assist in this emergency again. On vote to uphold appeal, Elerath and Bennett voted in favor; Reid, Laws, Arnold and Acklin voted in opposition and motion carried. Acklin moved to deny appeal and adopt findings of Planning Commission; Arnold seconded the motion which passed with Reid, Acklin, Arnold and Laws voting YES. Elerath and Bennett voted NO and the motion carried. 4/15/86 P. 4 Regular Meeting Ashland City Council 4/15/86 P. 5 EXPO '86 INFORMATION CENTER HOUSE NUMBER PAINTING HISTORIC PRESERVATION VACATION OF PORTION OF 7th STREET A letter from Windmill Inns (Ashland Hills Inn) was read requesting permission to install outdoor information center for Expo 86 on the hotel grounds and Scott Bradley was present to outline plans to attract attention, divert traffic enroute to the Expo and to make information available to promote Tourism. Bradley said plans to have a 40 x 100 ft. te~t ~et up on the hotel grounds is planned and a t' and one-half/s~§ry balloon to advertise the WO Expo would be tethered at various times during the term of the Expoo Bradley asked that the sign (balloon with "Expo Ernie") installation and concept of the proposal be accepted. Council discussed the sign ordinance provisions which would conflict and Bradley urged that exceptions or provisions to permit be made and noted that Senator Hannon, Executive Dir. of Chamber James as well as the V & CB. Bradley noted that he had requested permission for signs but the State Highway Division refused based on expected requests from many cities. Terry Koerner strongly urged Council to make provisions for the request saying that she has just returned from Califon~ia where an aggressive tourism campaign was carried out by passing out brochures etc., and not to extend our- tourist oriented Ashland an opportunity to be e~posed would be a serious error. Koerner urged a short term seasonal permit to be allowed so the promotion can proceed because of time con- straints ~or the work to be done prior to the opening of Expo 86. Laws said he would like to research to see if an amendment can be placed on the ordinance. Bennett agreed and moved to adopt concept and to facilitate needed provisions to allow; Elerath seconded the motion which passed unanimously on voice vote. A letter requesting permission to paint house numbers on curbs was read from Harold Grogg. Grogg was present to say that he is seeking self-employment for health reasons and would be licensed° Acklin moved to grant nonexclusive right to paint house numbers on curbs and asked that Grogg work with Public Works on criteria; Reid seconded the motion which passed unanimously on voice vote. A letter from the State Historic Preservation Office was read reporting that the E. C. Kane House at 386 "B" Street has been nominated for the National Register of Historic Places. Reid noted that staff had been asked to get information on historic properties designated for the Register and Almquist noted the matter is being placed on the next Historic Commission agenda. Reid moved to endorse nomination; Bennett seconded the motion which passed unanimously on voice vote. The City Administrator read memos relative to petition for vaca- tion of a portion of 7th Street and reviewed Council's options as outlined in the memos. Donna Eden's niece was present to out- line the need for additional space and reviewed the location of the bedrooms and loss of privacy because of the right of way. Reid moved to set a public hearing for June 3, 1986; Bennett seconded and the motion passed unanimously on voice vote. 5/15/86 Regular Meeting Ashland City Council 4/15/86 Fo 6 ~fl~ADE ST. PAVEMENT CUT YMCA MAINTENANCE AND USE AGREEMENT/PARKS & REC. & CITY OF ASHLAND HELMAN SCHOOL/PARKS COMM- ISSION AGREEMENT CITY/USFS AGREEMENT A request for a pavement cut from David Dahls was read and a memo from Director of Public Works Alsing was reveiwed in which he recommended a temporary split in the water service at the adjacent lot owned by Dahle at his expense until the end of the moratorium period at which time a permanent connect- ion can be made° A/sing's memo added that the lot can be served with sewer by connecting to the alley line by securing an ease- ment through the neighboring property° Dahle asked Alsing about the possible loss of water pressure because of the split and Alsing said he didn't think it would be appreciable. Arnold moved to deny request and offer alternative outlined in memo; Acklin seconded the motion whiqh__Ra~_~~ unanimously on voice vote° An agreement between the Ashland Family YMCA, Ashland Parks Commission and the City of Ashland was submitted for consideration and authorization of the ~yor's signature. Council discussed various conditions and responsibilities of the parties outlined in the agreement and the City Attorney made recommendations for changes and deletions as well as Councilmembers. Acklin moved to amend the agreement to include the following: on page 3 the following language be added to line 7 "based upon public interest", added to the third from the last line of page 3 should read immediately after the word YMCA "or by YMCA" .... for the use of the Park etc. On page 4, item 6 there should be a period after "Park" in the second sentence and the balance of the paragraph deleted, and Item 12 on page 5 should be deleted and the Mayor be authorized to sign. Reid seconded the motion and asked that a member of Council attend such negotiations in the future. Or, roll call vote the motion passed unanimously. A memo from the City Administrator was read relative to the Helman School Maintenance Agreement recommending that a clause be included saying that the agreement with the School District can be cancelled in any year that voters fail to reauthorize the the 3-year serial levy for the maintenance of non-dedicated park lands. Reid moved to approve agreement; Elerath seconded the motion. Laws moved to amend to add that the City has the right to terminate the agreement if levy is not passed; Acklin seconded the motion. On the vote on amendment the motion passed unanimously on roll call vote. The motion as amended was passed unanimously on roll call vote. A memo from the Director of Public Works was read and a Memorandum of Understanding submitted between the City and the Forest Service concerning closure of roads into the watershed under various circumstances° Robert Howell representing the Siskiyou Wheelmen asked if bicyclists and hikers will be kept from using the area in question and the Director of Public Safety said there is a possibility of total closure in extreme fire danger times but that has not happened before. ..... continued 4/15/86 Po 6 [egular Meeting Ashland City Council 4Z15/86 P. 7 FOREST SERVICE AGREEMENT cont. Alsing noted that closures are determined by a test area used by the Forest Service. Nell Benson of the UoSoF.S. noted that in the past closures have been for motorized vehicles° Alsing said that the agreement being considered is a cooperative one between the City and the Forest Service for Olarification and use by employees, volunteers etc. Arnold agreed to postpone the matter to allow input by the Siskiyou Wheelmen at the next meeting and Council agreed° PUBLIC HEARING ON BUDGET Acklin moved to set public hearing for the 86/87 Budget for 7:30 P.M. on May 27, 1986; Arnold seconded the motion which passed unanimously on voice vote° ADJOURNMENT The meeting adjourned at 11:15 PoM. ~an E o Pran~lin ~ ~ 4/15/86 Po 7