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HomeMy WebLinkAbout1980-0506 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL May 6, 1980 ROLL CALL APPROVAL OF MINUTES PUBLIC HEARINGS Open Burning Council Chairman Ragland led the Pledge of Allegiance and called the meeting to order at 7:30 p.m. on the above date in the Council Chambers in the absence of Mayor Prickett. Phelps, Medaris, Laws and Hamilton were preseRt; Sims arrived at 7:40 p.m. Medaris moved to approve minutes of regular and executive meetings of April 15, 1980 and Hamilton seconded. The motion passed unanimously on voice vote. Everett Elera~ of 701 Oak Knoll spoke in opposition to the proposed ban on open burning except for the months of April, May and June and told of city where he had lived who attempted the same thing and the problems growing out of such regulation which resulted in clogged storm drains, trash deposited on vacant lots and general inability to dispose of leaves branches etc. Eugene Bowman, 350 Kirk!and opposed the ban on open burn- ing saying he had no other way to rid himself of accumulation and said unless over 10% of the pollution could be tied to opening burning that he would hope to stay with present policy. Ruth Newman, Oak Street, said there are too many leaves, limbs to compost and would like to burn in December if a set month is given as one can't burn in the months mentioned because of the soggy condition of materials to be destroyed. Bill Robertson suggested the policy remain as it is as its ~n effective procedure now. Edwin Chapman, 270 N. Laurel wondered if a City compost had been considered and Ragland told him it has not been as yet. A1 Willstatter of 128 Central said that if people can't burn their trash they will resort to the use of the fireplace for this purpose and it will not be controlled. Chief LeeRoy King was asked about the present procedure and said that he checks with the Weather Station and that the temperature, wind speeds & direction, humidity, inversion and smoke dispersion is all taken into account and that winds over 15 mph and or 90 or over weather would preclude burning etc. Chairman Ragland closed the public hearing and Councilman Sims reported that he, City Administrator Almqui~ and Chief King met to review existing ordinances and it was decided that air stagnation advisories could be included in ,~LeCode and the ordinance would expand authority of Fire Chief for the purpose of total control. King explained the prenumbered permit proced- ure saying that permits would be requested on the morning of proposed burning and permit activated should conditions permit. S~ms explained that the amendment to the existing ordinance (1940) would give fire department authority to monitor. Ragland said the City should be in a position to give more service on leaf and limb pickup before banning open burning. Laws expressed reservations about the recommendations saying the weather patterns cannot always be predicted and that we must do our share to clean up the air admitting that it will be more work to do it - saying they can be picked up by the sanitary service in bags at nominal fee etc. Phelps agreed with Laws' recommendations and said air stagna- tion does not come and go but stays for weeks. Almquist asked direction on enforcement saying that after first warning a fine of $100.00 per day could be levied, and asked how rigid enforcement should be. Almquist gave first reading and Medaris moved to amend to include warning first and $100 per day fine on second offense; Phelps seconded and motion passed unanimously on roll call. Sims moved to second reading, Hamilton seconded and motion passed wjthout opposition on roll call vote. 5/6/80 P. 1 Regular Meeting Ashland City Council 5/6/80 P. 2 PUBLIC HEARINGS cont. PA 80-7 Appeal City Administrator Almquist read a letter from Lynda & John Vannice of 603 Oak Street opposing PUD for 604 Oak Street and asked that it be made part of the record along with memorandum from Allen Drescher rep- resenting appellants and Appellants Memorandum re PA 80-7, original of appeal petition; letter from Ruth Todd in opposition which was read; copy of Planning Connnission memo of April 29, 1980, minutes of Planning Commission dated April 9, 1980, Addendum to Staff Report dated April 9, 1980, Findings and Orders of Planning Commission and Gtaff Report dated February 13, 1980. Also for the record was Applicant's findings. Planner Fregonese reveiwed the proposed PUD and modifications wbich had been made before developer compromised on project containing two dup- lexes, one triplex, one fourplex and one five--plex. Fregonese showed maps and drawings of proposal and described location of sewer lines, swail through property and other constraints somewhat limiting modifica- tions. Ragland opened the public hearing and Daniel Liebowitz of 637 Oak Street spoke in opposition to the proposal saying it would pre- clude privacy expected in R-1 neighborhood and said that if we have sn apartment and call it a PUD, it still a multi-family complex and has no right in single-family neighborhood. Liebowitz requested a moratorium until matter can be reviewed before destroying a neighborhood. Hank Hampton, representing Chuck Kinney, suggested that petitioners seek- ing appeal confine their questions with subject of density, number of units and configuration of proposal and requested transcript be intro- duced into the record. Hampton reviewed the considerable amount of evolu tion in design etc and said the proposal was substantially reduced from the original application. Hampton said the design is tastefully done and lends itself to the 150 x 600' deep lot and is a better concept than constructing twelve residences with a cul de sac. Hampton said the ord- inance allows 15.8 units without utilization of overlay concept, and added that theoretically you could have 23.7 units on this property. Hampton said the five-plex was the most criticized of the concept. Hamp- ton said that is more energy-efficient to build as proposed and there aren't enough people around who can afford lots for single family resid- Allen Drescher representing the appellants reminded Council that they have the discretion to grant or deny all or any part of PUD, authority to alter in any way they see fit and that it is their duty to approve of a project with a minimum impact on the neighborhood. As far as the impact goes, there are no multiple family units in the immediate neighbor hood and Drescher said that the ordinance protects a single-family area and suggested that if this project must be thrust on the neighborhood that it be modified to lessen the impact. Drescher went on to say that it is okay to let the developers have a PUD and to make profit but won- ders how the neighborhood will be protected. He suggested that the project be limited to twelve units; structures be limited to two units each and that a cluster of duplexes would be a more acceptable intrusicn. Dan Verner, 557 Carol Street, spoke in opposition on grounds of density. Lavelie Foos, 542 Oak Street, presented petition signed by thirty people ~eSutar Me-~ting Ashland City Council 5/6/80 P. ~3 PUBLIC HEARINGS cent. PA 80-7 Appeal cent. contending that the density is too high, structures too close together, too high and impact on neighborhood is too severe. Ruth Newman, 694 Oak Street warned Council that a precedent is being set by allowing proposal. Holly Whyte spoke in opposition and said once approved and constructed others will destroy other neighborhoods. Barbara Heyerman, 555 Carol, asked Council to consider the feelings and needs of people now living in the neighbozhood and asked that such new concepts be slowed down to give people an opportunity to comprehend plan and Council should keep a close eye on development. Heyerman said that the unreasonable proposal of 21 first applied for was meant to make the reduced number to 16 units seem small. Heyerman added that she hoped that back yard areas would be larger as proposed park would not be as useful as back yards. Ed Fallen of 766 Roca said he owns property at 640 Osk Street and urged Council to take a close look at the area both north and south of Oak Street and said the lots would be 250' deep and the whole area will be busted up. ~ Beth Bordosi spoke saying that th~s sort of concept in volume destroyed Long Island with the Levittown development and would hate to see this town's livabitity ruined by such development. Barbara Heyerman said she is net against the development but would appreciate some sensitivity to others. A gentleman from the audience said that the single family dwellings in Sleepy Hollow haven't destroyed the neighborhood. Vicki Neuschwander asked that Council consider a moratorium until the Planning Commission comes up with finalized plans. Hank Hampton said he would have agreed with the public opposition three years ago but conditions are such at this time the preclude building housing as we have known it in the past. Hampton showed plans for dev- elopment and modifications to the plan to lessen the impact. Hampton said that condos had been successfully built off East Main Street. Drescher asked that the April 9, 1980 Staff Report and February 13, 1980 Planning Commission meeting minutes requiring not more than 13 units be admitted into the record. Drescher said that Staff said that conditions imposed had not been met. Drescher said that the development Hampton referred to off East Main had no impact because it is built between a cemetery and Safeway Store. Drescher said that Council is responsible to protect the neighborhood, and added that duplexes are less expensive to build than single family residences. Sims suggested that Planning Commission be given time to consider adaptions as relate to new concept of PUDs and their impact on any neighborhood. Laws said that it is clear that conditions have changed in recent years and we are not going to have the same type of considerations to work with as in the past due to obvious changes need in use of energy, land etc. PUBLIC HEARINGS cont. Darken Const. P.U.D. PUBLIC HEARING Appeal PA 80-30 Ragland closed the public hearing and Laws moved that appeal be upheld and that the application be denied and that matter be reconsidered by Planning Commission for a more acceptable plan; Sims seconded. Hamilton said that many questions had not been addressed and felt Council is not ready to v6te on this appeal. Medaris said he couldn't agree with ~he motion because it is a fair plan and suitable PUD, and that housing is necessary in a price range people can buy. Medaris outlined conditions and location of people appealing proposal and summed up incidental im- pact he felt would result if PUD were developed. On roll call vote, Phelps, Sims, Ragland, Laws and Hamilton voted YES. Medaris opposed and the motion to uphold appeal carried. Laws proposed that findings of fact be adopted based on reasons of size, arrangement, design and density' of proposed development, impact would make it unacceptable. Hamilton so moved; Phelps seconded and on roll call Phelps, Sims, Rag]and, Laws and Hamilton vote YES; Medaris opposed. A study session with the Planning Commission was set for the first week in June when it can be arranged by the P.C. City Administrator Almquist read a letter dated April 18, 1980 from Appellant Susan Berryhill and asked that Berryhill letter, memo from Planning Connnission dated April 29, 1980, minutes of Hearin~ Board meet- ing of April 10, 1980, Staff Report for meeting of April 10, 1980, and Applicant's findings be made part of the record. Planner Fregonese reviewed the proposal saying that 7500 sq. ft. would be needed for the minor land partition and the parcel has 20,000 sq. ft. and that all the other conditions had been met and Planning Commission recommended approval. Chairman Ragland opened the public hearing and Phil Miller, 129 S. Laurel Street said that they did not come to argue about the minor land partition for a flag lot but were concerned about a number of problems among which were that lot sizes in the area of older homes are larger and many pre-1900 and eligible for historic designation and in an R-1 zone. Miller said the topography of the land is such that it would be a burden on the narrow dirt road where at present a car cannot pass where cars are parked on both sides of the street and added that density is a concern and that children going to Briscoe School use the street and alleys to get to school and said the flag portion of the flag lot juts into a 90 degree turn down a steep slope and said that every winter the run-off causes erosion and water runs down the hill at an incredible rate. Miller said the hillside is in danger of being washed away. A survey of the hill was shown and the grade charted for Council. The ramificationswere discussed in the event the street is ever paved including the need to remove retaining walls etc. should the average width be necessary. Roger Ledbetter, 112 Nutley spoke as applic- ant and agreed to move the flag portion to the other side of the parcel and say he did not want to see erosion or a down-grading of the neighbc~r- hood. Lyle Matoush said he is not opposed to flag lots if they are not opposed to be neighborhood and said that the traffic increase and grade of driveway were concerns. Fregonese said there is a similar situation on Pine Street and a solution for that driveway was found by an engineer on the question of grade. The public hearing was closed. Sims cxpreqse~ concern as did Phelps who added that emergency vehicles may have a pro- blem getting in there. Atsing said it is a very steep, narrow street which could cause problems in the future. 5/6/80 P.~ .egular Meeting Ashland City Council 5/6/80 P.5 APPEAL ON MLP-Almond St. MINIFfES OF BOARDS WINBURN WAY CLOSURE REALTORWELCOME SIGN COMMU XTY PARK (LORDS) PUBLIC FORUM Electric Rate Incr. & 2nd Rdg. of Ord by t'itle only COG REPORT P & R SUPPLEMENTAL BUDGET Medaris moved to deny appeal and before proposal is allowed that an engineer design grade solution and that four conditions as outlined be included in the motion and entered into the record; Laws seconded and on roll call motion passed unanimously. Laws moved to accept minutes of boards, commissions and connnittees and Hamilton seconded. On voice vote motion passed unanimously. A letter from Ashland Junior High School was considered requesting closure of Winburn Way on May 29, 1980 from 7:15 to 8:45 P.M. for a band concert and Medaris moved for approval; Hamilton seconded and the motion passed unanimously on roll call vote. A letter from the Ashland Board of Realtors for[~dermission to place a welcome sign. on N. Main at .Jackson Road/~na~a President Allen and D.McLean explained tbat the Board had chosen rehabilitation of the area and the welcome sign where Chinese built rock structure at above loca- tion during gold rush days. On question of Council as to what type of sign was planned,Allen offered to bring in artist's drawing with specs and said the sign would be well done. Medaris moved for approval with stipulation that drawing be submitted; Laws seconded and on roll call, all YES. A letter from Laurie Harrison was read proposing to utilize and rehabili- tate property donated by Lords on Ashland Street for a community garden project. Several plans for use were outlined and portion were permanent trees etc. donated were planned was questioned. Council agreed on the concept proposed and Phelps moved for approval with necessity of Parks & Recreation Commission giving authority for Item No. 8 (trees); Ham- ilton seconded and on roll call motion passed,unanimously. Paul Del Carlos, 549 Fairview spoke on electric service rates which will be considered later on agenda and urged consideration as the rates are based on lesser cost for more consumption saying that the rates should be predicated in a way which would encourage conservation ef energy rather than an incentive to use more at a lesser cost. Almquist said that rate blocks have been reduced from six to two. Laws agreed with Del Carlos' theory and said that structure is gradually being shifted but not in one jump. Sims noted that the electric utility is a very valuable product and that Ashland can develop it's own philosophy. Laws moved for adoption of the ordinance which Almquist read by title only and Hamilton seconded. On roll call Phelps, Ragland, Medaris, Laws and Hamilton voted YES. Sims opposed. Almquist reported letter from COG o~ progress received but that Dennis Lewis was called out of the state on an emergency and asked that the matter be deferred until his return. Sims moved the letter be placed on file; Phelps seconded the motion which passed unanimously on voice vote. Council agreed to have a special meeting with Parks Conmission at 7:00 P.M. before Budget Hearing~ to consider request on May 19, 1980. 5/6/8o P.5 TRAFFIC SAFETY COMM. RECOMMENDATIONS - OSFA BIKEWAY COMMITTEE REPT. WATER SERVICE NEAR I-5 FINANCIAL COMMENTARY P & R FINANCIAL " JUSTICE CENTER LIQUOR LICENSE APP. ORDINANCES, RESOLUTIONS & CONTRACTS St. Imp. Reimburse- ments A memo was read from the Traffic Safety Commission requesting that bus parking be allowed at all times in specific area on E. side of South Pioneer. Tbe matter was discussed at length and Medaris moved that Staff bring back Resolution with Traffic Commission reconm~endation for bus parkin~ and to change to 2 hour parking for Shakespeare non-season times; Phelps seconded and on roll call passed unanimously. A memo. was read from the Bikeway recommending that parking be removed from both sides of E. Main Street between Lithia Way and California St. and that the areas next to the curb be striped and signed for the bike path. Ragland suggested the request be implemented with funds from Capital Improvement (gas tax) and revenue sharing monies and that $11,000 would be used for signs alone. Ragland noted that the State had funded $33,240 for bike path construction and that Don Stathos should be sent a letter by Staff for supporting Ashland's needs on the State level. Ragland said that the matter of the proposed bays would be taken up at a later time and that the Justice Center will increase the traffic appreciably on East Main Street A memorandum was read from Director of Public Works Alsing relative to a request for water service in the vicinity of 1-5 & Greensprings and they had been told tha~ the pressure would not be sufficient with the Ashland Street line and that a comprehensive report from R. W. Beck will give guidelines on water system. Phelps moved to establish policy that no service be allowed in that vicinity until such time as the Beck Report is received; Laws seconded and on roll call, all YES. M~nthly financial report for period ending March 31, 1980 received with no action necessary. Monthly financial report for Parks & Recreation accepted with no action necessary. A memorandum from the City Administrator requesting that calls for proposals be made for the Justice Center was considered and it was decided that a committee be formed including the whole Council to following the job through. No action necessary. A liquor license application for Cook's Reception by Lyle G. Boyle and Robert W. Butler was considered. Chief Lively recommended approval and Phelps so moved; Hamilton seconded. Medaris brought up the policy on delivering kegs for parties and possible involvement of minors. Chief Lively said he would caution the applicants against such practice. On roll call, passed unanimously. First reading was given an ordinance pertaining to reimbursement fcr street improvements and Laws moved to second reading; Phelps seconded and on roll call, all YES. 5/6/80 Pg. 6 ~egular Meeting Ashland City Council 5/6/8o ~. 7 Restricted Parking First reading was given an ordinance relative to restricted parking areas and Hamilton moved to second reading; seconded by Phelps and passed unanimously on roll call vote. Electric Service Reg. First reading was given an ordinance relative to electric service regulation~ and Phelps moved to second reading; Hamilton seconded the motion which passed unanimously on roll call vote. Greene Annexation-JC~D Greene Annex, Rezone Second.reading by title only was given an ordinance annexing 2.7 acres of property on Ashland Mine Road (Greene Annexation) and Hamilton moved to adopt; Laws seconded and the motion passed unanimously on roll call. Second reading was given an ordinance by title only to rezone 2.7 acres of property being annexed to the City on Ashland Mine Road and Laws moved to adopt; Hamilton seconded on on roll call, Phelps, Ragland, Medaris, Laws and Hamilton voted YES: Sims opposed the motion. Weatherization Res. A resolution revising the Energy Conscitation and Weatherization Pro- gramwas read an Laws moved for adoption; Hamilton seconded and on roll call, all YES. "B" St. Stop Signs A resolution was read establishing stop signs on 'B" St. at Second St., and Phelps moved to adopt; Sims seconded and on roll call, Phelps, Ragland,.Sims, Laws and Hamilton voted YES: Medaris voted NO. Cemetery Charges A resolution was read setting prices for cemetery services and Laws moved to adopt; Hamilton seconded and on roll call, all YES. Transfer of Approp. A resolution transferring appropriations within funds was read and Laws moved to adopt; Hamilton seconded and the motion carried unanimous- ly on roll call vote. ADJOURNMENT The meeting adjourned at 11:35 P.M. Nan E, Franklin City Recorder 516180