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HomeMy WebLinkAbout1980-0715 REG MINMI!~b]TES 0~' Tile REGLZAR MEETING ASHLAND CiTY COUNCIL July 15, 1980 PLEDGE OF ALLEGIANCE & }{OLL CALL APPROVAL OF MINUTES Regular meeting of 7/1/80 Certificate of Apprecia- tion to Chief Lively PUBLIC HEARINGS PA 80-11 PA 80-23 Comprehensive Plan Chg. PA 80-33 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. Phelps, Medaris, Hamilton and Laws were present. Ragland was absen% and Sims arrived at 10:lO p.m. Laws moved to approve minutes of regular meeting of July 1, 1980 and Phelps seconded the motion, which passed unanimously on roll call vote. Veterans of Foreign Wars Commander Kirby presented Chief of Police Lively with a Certificate of Appreciation on behalf of the Post for the high calibre police department operation in the City of Ashland. Kirby invited Lively to he a guest on Friday evening at their next meeting. City Administrator Almquist read a memo from the Planning Commiss.~ ion requesting a Zone Change from C-1 to R-l-5 to correct a draft- ing error and requested that Findings & Orders of 6/11/80; minutes of Planning Conm~ssion meeting of 6/11/80 and staff report of that meeting along with the public hearing notice be made s part of the record. The public hearing was opened. Planner Fregonese revi~!wed the need for the action to correct a drafting error. There was no comment from the public and the hearing was closed. Medaris moved to bring ba~k an ordinance and adopt findings; Hamilton seconded and on roll call motion passed unanimously. A memorandum from the Planning Commission dated June 24, 1980 was read relative to the request for Comp Plan change from Parks to Urban High Residential on two parcels of property and requeste~ that findings, minutes and staff report of 6/11/80, public hearing notice and applicant's findings be made part of the record. Also read into the record were two letters in opposition to the applica- tion from Virginia Chrjstlieb, 1065 Emma Street, and Jack Northcurt 1340 E. Main Street. Fregonese reviewed the application and said that the application for change from Parks to Urban High Residei~t- ial was made after the fact and that there is no guarantee that property would be used for low cost to moderate housing and further that the applicauts are not actual property owners but hold an option on the property in question. Fregonese said that the prop- erty owners were notified of the designation on the Comp Plan and could have spoken against it at the time. Public ttearing was opened and Ehere were no comments, pro or con, from the audienc~ and public hearing was closed and matter turned back to Co~ncjl. Phelps moved support Planning Co~ission's denial of request and to adopt findings; Hamilton seconded and on roll call, all YES. A memorandum from the Planning Commission dated june 24, 1980 was read relative to request for zone classification from R-1:7.5, R-l-5, and R-2 to 80 (Southern Oregon State College) for 7I~18o ~ Council Planning Action 80-33 cont. Minutes of Boards Historic Commission Resignation BELLVIEW AVENUE ACCESS seventeen acres of property on the present campus. Findings & Orders of June 11, 1980 Planning Commission meeting, minutes of June 11, 1980 meeting along with Staff Report of that date and public hearing notice were made part of the record. Fregonese reviewed the request saying that the property in question is al- ready ox.med by the college and that adjoining property Owners are afforded adequate protection and that all uses are conditional. The public hearing was opened and Thomas Parker asked SOSC repres- entative Rod Stevens if property south of Henry and west of the alley would be included ~nd was told by Stevens it would not. There were no other comments from the audience and the public hear- ing was closed and returned to Council for discussion. Laws said as a member of Southern Oregon StaEe College faculty he would be willing not to vote if it was felt that there is a conflict of interest. ~yor Prickett said he could vote if such affiliation does not interfere with his feelings on the issue. Phelps moved to accept request and adopt findings and that ordinance be prepared Medaris seconded and on roll call motion passed unanimously. Medaris moved to accept minutes of boards, commissions & committees and place on file; Phelps seconded and on voice vote, all YES. A letter from David Hoffman resigning from the Historic Commission was read and accepted with regrets. The City Administrstor was asked to express City's appreciation in a letter to Hoffman. A letter was read from Allen G. Drescher representing people of Hamilton Creek neighborhood where on Bellview Avenue a driveway cut permit was given property owner of a land-locked site across the creek and where access is being prepared from the Bellview Avenue cul de sac by building a ramp across canyon/creek. Alsing showed Councilmembers the site on the map and the Mayor asked him if he had inspects area in question before giving driveway cut permits and Alsing said he didn't. Prickett then asked if he had gone out to look at this project. Fregonese said he has looked at it and that a culvert has been placed in the creek. Prickett asked A1 if he had granted an easement and Alsing said that he did not recognize that this was to be in a street right of way. Dean Fisher, property o~er building the driveway, stated there were a number of errors in Drescher's letter and gave the history of the streets saying that Clay and Bellview were dead end streets and that Audrey Hawk dedicated land to the City which helped create the cul de sac for the purpose of facilitating this development. Fisher said that ownership of the property was not certain and that both he and Alsing consulted with City Attorney Salter and he was then allowed to pick up the permit at the Engineering Department. Fisher added he felt that was all that was required of him. Fisher said he then ordered material for fill which is 100% granite. He said he disturbed as little of the natural landscape as he could saying that he did have to destroy one tree on City property :in a~ effort to construct access and most of the vegetation was black- berry vines. Phelps asked who the engineer is on the job and Fisber said there is no engineer. Phelps expressed concern that 7/i5/g0 P. 2 Bellview Driveway Permit cont. a serious problem could occur similar to that which happened durinE the 1974 flood in that area. Fisher said his culvert system will do the job of drainage and that upon checking the creek from Bellview down the canyon found that most culverts were smaller in size than the ones he is using. Fisher said that his family rehab- ilitated the entire canyon when it was devastated by the flood. Fisher said he called Talent Irrigation and that the 3 foot tube was recommended for culvert. Fisher said there are thirteen build- ing Iota be will need access for and that access had been blocked from Mohawk Street. Mayor suggested that Fisher subdivide and put full street in. Fisher said he does not want to develop at this time. Fisher told of experiencing vandalism and that people feel they own the property and use it for their pleasure. Fisher said he feels he has a right to the use of his property. Phelps asked Fisher is he realizes he is crossing private property since it is owned by the people of Ashland. Fisher said he was not aware of any problem. Fisher explained that he had planned on gettffng access by a flag lot off Mohawk but the deal fell through, Alsing said the cul de sac was put in at City's insistance in order for people to be able to turn around and that Fisher has a legal right to use his property. Fisher said he felt the 30 foot dedication was for use as access. Drescher sited test cases in Oregon saying there are only two and reviewed the hackground of the question saying that it was Fisher's responsibility not to cut himself off from use of his property by selling h~mself out of access and said there is no moral or legal justification for doing anything other than cutting the curb for which the permit was given. Drescher said we are not talking about thirty feet but sixty feet (more or less) of debris deposited and added that it is not a street and has not been since 1972 but is City-owned property with no public access, no easement, and no public right to trespass. Drescher said Fisher had no legal right to do what was done and that the project was stopped before it became more of a nuisance and now the responsibility rests with the City Council. Drescher presented a letter received from Soil Con- servation which asked that ground be put in good condition before winter. Driescher briefed Council on the law and asked them what they intend to do and outlined the infractions including destruct- ion of City property (trees) illegally trespassing on City property plus the nuisance created etc. Drescher said that Hamilton Creek has been endangered and the livibility ~eopardized for the whole nefghborhood. Drescher outlined five legal courses of action including City's public trust; obligations to adjacent property owners; Co~cil needs to set policy to counteract flaunting of laws by citizens; obligation to neighborhood and that in the public interest the law must be upheld to protect this property from use of this kind and to make it clear that this individual canlt do this to City property. Drescher said everyone who was approached signed the petition to require restoration to its original con- dition of property affected. Fisher said the material is 100% granite and the concrete chunks are to give body to hold the p~p? in the creek and that they will be covered and out of sight when the project is completed. On Hamilton~s question as tc Fisher's and Alsings plan for the curb cut permit, Fisher said he had not talked about the ramp & everyone is familiar with the terrain. 7/15/80 P. 3 le~ular ~eting Ashland City Council 7/]5/80 P.4 Bellview Driveway permit cont. On Medaris' question as to whether Fisher started on a verbal o.k. or formal permit, Fisher said he got the permit and did it immediately. Upon being asked by Medaris when he was aware there were problems cited by neighbors Fisher said that Engineer Jim Olson came out to see what was going on. Olson, he added, made no recommendation. Mayor requested that City Attorney Salter give recommenda%ion to Council. Salter said it depends on the circum- stances and intent and that if Alsing gave him permission to do what he has done then we could not revoke permit. Salter added that Council could close off property. Elmer Thompson, 2301 Black Oak Drive, said he owns 112 feet adjoin- ing canyon and that it has been cluttered with planks, sinks, and other building materials and thinks the property owner should have some right and be notified as to what is going on which will either up-grade or down-grade neighboring property. Fisher said the property with the debris is not in this area. Erik Wallbank of 2025 Tolman Creek Road said as a logger if he ever left a mess like that in question he would never get another logging permit. He said it would take a 6 foot culvert to handle water like We had in the 1974 flood. Wallbank said the Schneiders bought the house at 1163 Bellview because it was obviously a cul de sac and the City would not build a road and it wouldn't meet City specs. Wallbank said the area is full of debris and is not just from tearing down a barn as stated by Fisher. Wallbank said property owners should have be~n notified before Fisher was allowed to do what he has done and said if he had intended to go in by way of Bellview he would not have allowed that cul de sac to go in there. Jackie Reid stated that she has been a neighbor of Fisher's for three years complained about area looking cluttered and suggested in the future that any proposal which affects the neighborhood be broughtto the Planning Commission first. Mrs. Fisher toga of her endless chores in keeping the can- yon in a park-like state and invited everyone to enjoy it. Fisher said if they can't get into their property to build their home they will have no alternative other than to sell it for a subdivision to people out of San Francisco whom she feels could get necessary access. Phelps asked Alsing if he ever gave permission to Fisher to build a road across the right of way and Alsing said it was implied. Mayor Prickett said if the Council deems it necessary the material could be removed from the City property by City crews and that he 7/15/80 P.~ ~egu3~r iieekii~&_ Ash]and C;,UI C'oux!cill __ ~/~ZL~!L!_ Bellview Driveway permit Leslie D. Mayhew Damage Suit PUBLIC FORUM Liquor License Renewals Transfer of Ownership Sabatino's (prev. Vito's) William Robertson (BCVSA) BCVSA Meeting would hate to see the City go to court on tbis issue and recomn~end~ that City cr~s rehabilitate City-owned property. Phelps said there has been an error made in judgment and its Council's responsi bitity to prote.ct and maintain public property and moved that pe~- mission be revoked and should have City crews clean up the drive- way on City property and place it back in its previous condition and refer matter to Planning CommSssion; Medaris seconded the motion. Phelps suggested any further action of this nature should come before Planning Conn~ission. Mayor said that all curb cuts in City property should be approved by Hearings Board. Alsing said most driveways have to go through City property like park rows etc and that Planning Commission could approve them or forward them on for review. In the case of new houses the building depart- ment issues the permits and Alsing added he wouldn't mind seeing Fregonese take care of all of them. Phelps brought up possible liability relative to disturbing waterway and suggested those in control (i.e. Soil Conservation) be given notice to ensure nothing is done illegally which may cause problems downstream. Laws said the erosion which may occur could be corrected. Phelps said when the City is involved the matter should be brought to the Water- master's attention. Laws said if Fisher is doing something illeg-- ally he should be stopped b~t beyond that he feels Fisher is acting in good faith. On the original motion to deny and place back to its original condition, Phelps, Medaris and Hamilton voted YES; Laws voted in opposition and the motion carried. A letter from Donald M. Pinnook on behalf of Leslie D. Mayhew~ seeking damages for alleged mistreatment by police personnel was read and Almquist recon~aended matter be turned over to insurance carrier. Laws so moved; Phelps seconded and on roll call the motion passed unanimously. Mickey Walkup requested approval of his transfer of liquor license pending outcome of police department's investigation and stated he has been approved by O.L.C.C. because of previous applications. Laws moved to approve application pending investigation and that his name be added to the list being considered; HamiltOn seconded and on roll call, all YES. Robertson inquired as to whether the City would be represented at the meeting of BCVSA and Prickett said that Fregonese was going to report on that item. Fregonese submitted a letter to Council written to BCVSA relative to sewer lines in the North Interchange and asked authorization to carry it to BCVSA as Ashland's input on proposed development. Prickett asked for modification of letter to include that the City requests tbat if sewers are necessary in dealing with failures that the same size mains be used rather than larger and that th~ City would like to investigate the possibility of making service available through an assessment district ratber than BCVSA. continued 7/15/8o p. 5 BCVSA Proposal i000 Friends of Oregon Chamber of Co~mnerce 4th of July Ribbon Cutting for Hwy 66 Jackson County PUD Boundary Census Computations Agape Subdivision Weed Abatement Program Robertson suggest that before decisions are made we should fully consider water problem. Prickett said sewer only is being consid- ered at this time. Laws reported that he had ~eceived a letter as acting Council Chair man from the 10100 Friends of Oregon accepting assignment to act as City's attorney relative to the development plans of Bear Creek Valley Sanitary Authority and moved to place on agenda; Phelps seconded and on voice vote passed unanimously. After discussing possible costs involved for travel, lodging etc. it was decided to thank 1000 Friends for their offer and we will get ~n touch with tile society should their expertise be need&d and their attorney would work under the direction of Mr. Salter. Laws so moved and Phelps seconded and on roll call motion passed unanimcusly. Council went on record co~nending the Chamber for its efforts in putting on the annual ~th of July celebration and cited the parade as one of Ashland's best in recent years. Mayor Prickett announced the Ribbon-Cutting ceremonies planned by the Chamber at 10:00 a.~n. on Thursday the 17th and invited members to participate. Almquist reco~mmended that boundary approval of PUD (Jackson County) at meeting held in January by Department of Energy be discussed and Medaris moved to place on agenda; Hamilton seconded and on roll call all YES. Co~cil discnssed the fact that the boundary had been objected to by the City but was not considered and the ballot title has been written. Mayor said we should go on record protesting the hearing process and ballot title. Laws agreed bnt suggested we wait until after the election since the ballot title cannot be changed and then request change of boundary. Medaris agreed and moved a letter be written protesting as suggested; Phelps seconded and on roll call, all YES. Almquist reported the census for Ashland's population was reduced by 1,000 persons and the vacancy factor was inordinately high, and that many persons are known not to have received census question- airre. Mark Garrity spoke from the audience saying he was a crew leader here in Ashland and invited anyone who was missed to call him at 488-2508 to report. Garrity cited vacancies in Colony Inn as representing a large percentage of the factor. Almquist was given authority to protest during the ten day period given. Fregonese in reporting on the Agape Subdivision and its plan to provide a drainage system said that the performance bond has not been released and that the subdivision is still incomplete. He said there would be a meeting to report on update of progress. Chief King introduced Robbie Robbins as his Weed Abatement Program person and offered to auswer questions. ,7/15/80 p. 6 Fire Department Physical Fitness Program SAIF Dividend & AIRPORT BIKEWAY CO~ilTTEE APPOINTMENTS Initiative Petitions Tra£fic Safety Commission Land-use Ordinance Battalion Chief Harlacher reported on the Physical Fitness program as requested by Council to give progress of the program, and gave seven goals outlined for fire department personnel. Memorandum from the Director of Finance was read relative to receip of a dividend check ~n the amount of $63,706 and reconmending that all but $2,000 be deposited into the Insurance Reserve Fund and the $2,000 go into the General Fund. Phelps so moved; tlamil- ton seconded and the motion passed without opposition on roll call. Mayor Prickerr appointed Don Vondracek to the Bikeway Committee and George LaRoe and Jerry Bo Disharoon to the Airport Committee and Laws moved for approval; Phelps seconded and on voic~ vote, all YES. A memo from City Attorney Salter was reviewed in which he recommend ed that an initiative of the sort requested by William Robertson was improper in that in Salter's opinion the question of electric rates is an administrative pol]cy/decjsion and for that reason recommended a ballot title not be prepared. Salter said that if it is Council's wish to go ahead with title, he would appreciate assistance. Sims spoke in favor of taking the problem to the commdnity, Mayor Prickett disagreed saying that if it is not an eligible subject it should not be treated as an initiative but should be taken to court. Madaria moved to instruct City Attorney not to prepare ballot title; La~s seconded. William Robertson said he would take it to court and said he disliked the way it was handled and that it ~ill probably go to Special Election on the third Tuesday of February. Robertson took time to express his dis- satisfaction as to the way the City spends its money and outlined a few instances he felt needed criticism. Robertson's main thrust was in street surfacing and two streets were mentioned - Water Street and Helman Street. Circumstances were outlined by Alsing and the main reason given for not repaying Helman was that the property owners will not sign for an assessment district and C~ty policy does not call for people in adjacent areas to pick up the cost of another property owner's street. Alsing furtber reported that the present surface is irreparable because of the short-term nature of the paving. Alsing went on to say that the City is the owner of the majority of property on Water Street where it is being paved and City's use of trucks etc. have made that necessary. A memorandum was read from the Traffic Safety Commission recommend~ ing that 2 hour parking space (first parking space easterly of the alley between the Mark Antony Hotel and tbe Ashland Flower Shop on the southerly side of East Main Street be changed from present 2 hour limit to fifteen minute parking. After some d~scussion, Sims moved to approve reconmendation; Phelps seconded and on roll call Phelps, Sims and Hamilton voted YES. Medaris and Laws opposed Motion carried. A memo from the Planning Commission proposing changes to Land-use Ordinance was read and August 5, 1980 at 7:30 set for public hearin Land-use Ordinance Planning Procedures Solar Access ORDINANCES, RESOLUTIONS & CONTRACTS F, merick Vacation Taxi Franchise Ordinance Position Classification Randy & Laurel Street Stop sign Stop signs- Water/VanNess Kiwanis Flag AgreementI IBEW Local 659 Addendum A memo from the Planning ComMission proposing changes to Land-use Ordinance was read and August 5, 1980 at 7:30 p.m. was set for public hearing. A memo from the Planning Commission proposing the adoption of a Planning Procedures Chapter in the Land-use Ordinance and a public hearing was set' for August 5, 1980 at 7:30 P.M. Public hearing was set for August 5, 1980 relative to solar access at 7:30 P.M. in the Council Chambers. Second reading by title only was given an Ordinance vacating an unopened alley located between Emerick Street and Mountain Avenue, south of "B" Street and Laws moved for adoption; Phelps seconded and on roll call passed unanimously. First reading was given an Ordinance amending the taxi franchise ordinance relative to the definition of a taxi cab. After dis- cussing some of the provisions and definitions Council agreed that more research is needed and Sims moved to table until August 5, 1980 meeting and to sdd emergency clause so that amendment will be timely; Hamilton seconded and the motion passed unanimously. A memorandum was read from Director of Finance Nelson relative to the position classification of present Customer Services Repres- entative and Supervising Accountant. Mayor Prickett said he could not support the recommendation which would ad~ duties to the Super- vising Accountant since the employee has not been with the City long and he couldn't justify rapid advancement. Nelson felt the employee completely capable and saidshe was best qualified ~hen interviewed and with the stress added he felt the compensation in order. Laws said it was his understanding that when the Customer Service Representative retires the position would be downgraded and wondered in that case if it would be proper to upgrade the position taking over a part of tbat job. An ordinance amending Ordinance No. 1415 was read and Medarismoved to second reading; Laws seconded and on roll call motion passed unanimously. A Resolution authorizing stop signs on Randy Street at Laurel Street was read and Hamilton moved to adopt; Laws seconded and on roll call, all YES. A Resolution authorizing stop signs on Water Street at Van Ness Avenue was read and Laws moved to approve; Phelps seconded and on roll call passed unanimously. Hamilton moved to approve agreement with Kiwanis to charge City $20 to provide flag for various ocassions and authorize the Mayor to sign; Medaris seconded and on roll eall all YES. An addend~ to agreement with IBEW Local 659 was read and Mcdar]s moved to authorize Mayor and Recozder to sign; Sims seconded and on roll call passed unanimously. 7/15/80 P. g Departmental Reports Council Liaison Reports Medarjs moved to accept departmental reports; Sims seconded the motion and on voice vote the motion passed unanimously. Adjournment N~n E. Franklin City Recorder The meeting adjo~rned at 1980. · ~:lett Mayor