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HomeMy WebLinkAbout1980-1007 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL October 7, 1980 ROLL CALL APPROVAL OF MINUTES COUNCIL ELECTION PUBLIC HEARING APPEAL PC DECISION PA 80-61. 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, Ragland, Medaris and Laws were present. Sims arrived at 8:05 p.m. Medaris moved to approve minutes of regular meeting of Sept. 17, 1980 and special meeting of September 26, 1980; Laws seconded and on voice vote the motion passed unanimously. Deferred due to absence of Councilman Sims until later in evening. The City Administrator read a letter from Appellant Bill Thomas req- uesting consideration of minor land partition applicstion to divide a 16,064 square foot parcel located on the nortbeast corner of Park and Crestview Streets into two lots. Included with the memo and tc be made part of the record were Staff Report dated September 10, ].9~0; unapproved minutes of same date; unapproved denial findings and applicant's findings. It was noted that the vote by the Plan~ng Commission was 4-4 and therefore the appl~ication was de~ied. Thc public hearing was opened and William Thomas of 2330 Ranch Road said that his application had met all criteria and that the s~ngle family dwelling plannned for future construction would not conflict with any laws, ordinances or resolutions, would be over 8,000 square feet and would be served by present street with only a driveway cut necessary, Thomas showed maps of the subdivision with lots of mnay sizes and said that the Planning Commission apparently were swayed by emotional impact of the neighborhood. Thomas asked that appeal be upheld and that time be reserved for his rebuttal. Wayne Breeze, 1928 Mohawk showed subdivision map and said it was the intent of the contractor and the property owners to bare large Iota in the planned unit and told of a previous attempt to divide lot and Council's denial of the 1976 application. Breeze said he was not aware of the ramifications of the down-zoning by the Planning Commiss- ion and noted there is a ten foot wide utilities easement and also a ten foot slope easement which will not leave as much useable lan~ as has been noted. Mrs. Gordon Csrrigan, lot 4300, said they have plans to build soon and now wonders if they made the right choice should this partition · be made. Robert Deuel, 1058 Linda, said he lives three blocks away but wonders how the Planning Commission could have denied the application when it had met all the criteria necessary. Madge Darling, 1988 Mohawk spoke in opposition to the partition proposal saying they have lived there for fourteen years and never expected the change in lot sizes and adverse effect ou neighborhood. 10/7/s0 P. i RJu]ar~---'eetin~ Ashland Cjty Council 10/?/80 PUBLIC HEARING THOMAS APPEAL Cont. PA MLP No. 80-61 COUNCILMEMBER ELECTION MINUTES OF BOARDS WATER AVAILABILITY IN SOUTH END OF ASHLAND Ken Darling, 1988 Mohawk said he had not received notification of down-zoning and said that the Director of Public Works has notes on the underground ntilities. Bernie ~inder, ]927 Crestview, said that he owns the adjoining lot ant had bought with intention of living there a long time and snderstood in good faith that the subdivision had been completed and expressed concern that the appellant has no intention of living there and would not have the feel of the neighborhood. Bender noted that the lot not yet subdivided is for sale. Binder said that the property owners behind the proposed lot would become landlocked because of slopes, and suggested an alley access should be made between Mohawk and Crest- view since there is 340 feet between the two streets. Fred Pratt, 1930 Crestview Drive, agreed with Binder that tbe par- tition will isolate his lots and also expressed concern as to what type house will be built on the property and quality of construction. Fred Holden, 1165 Linda, said he objects to the request and feels the lots should be kept at their present size. William Thomas clarified the slopes/easements by saying that one ease- ment is on the existing lot and one easement will be on the lot to be partitioned and again asked consideration of legal lot split proposal Phelps moved to uphold appeal of Planning Commission decision and to adopt findings as submitted by applicant; Ragland seconded. Ragland said he understands feelings of the neighbors but the appel- lant is within his rights to partition the lot. On Medaris' question as to the solar access of the proposed home Fregonese said the it is not good but that it is a result of the present house's location. Motion passed unanimously on roll call vote. Ragland nominated Nancy Peterson to fill Conncil vacancy. Medaris nominated Stewart Johnson. Mayor Prickett called for votes for John- son and Medaris showed his hand. On call for Peterson vote Phelps, Ragland and Laws voted in favor. Peterson was declared elected. Mayor Prickett said Peterson would be sworn in later in the evening. Phelps moved to accept minutes of boards, commissions and committees and Medaris seconded. Motion passed unanimously on voice vote. A letter was read from W. H. Hampton, relative to condition attached by Planning Commission on water availability for proposed condominium project at Park & Siskiyou Blvd. Mayor Prickett decided that the application of Harry Skerry tabled at the last meeting for results of · R. W. Beck computer analysis should be considered with the Hampton (Welch) request. Director of Public Works Alsing was asked to review R. W. Beck report and he reported that about 142 s~ngle family units or 185 multiple family units could be accommodated but related that the Beck report cautions extending the allowance of connects to the limit suggesting that a cushion amount be maintained so as not to go to the limit. Criteria for connects was broadly discussed and Alsing asked whether water services could be bought whether they are used or not and explained that at this point water/sewer service are ~nstalle before the final plat is signed. Skerry asked cost of hook-up. ]017180 P. 2 Ashland City Council -k~./,/.~_!0_,?_-_ WATER AVAILABILITY REPORT continued WALKER AVENUE SIGNALS SAM CONNER PUBLIC HEARING DATE FOR APPEAL OF PA 80-51 SHERMAN/IR~ION ST. ALLEY PAVING CUT REQUEST RAY LANE S. OF SISKIYOU JUSTICE CENTER SOLAR PLANS ECONOMIC DEVELOPMENT CO}~. Laws suggested that consideration be given as to how building permius should be allocated and that some formula should be researched. Skerry asked if the $430 hook-up fee would be charged whether water is available or not. A1 Gilleghem said the subdividers would grab the opportunity and the individual property owners wouldn't have a chance. Fregonese reported on the applications at this moment. Afte further discussion on possible criteria, William Welch said the City's method is placing his business in jeopardy because he has had financing for the last three months and now will have to shop for new monies. Salter mentioned moratorium guidelines set forth by the Ore. courts. Gieleghem said there are rights to limit growth. Mayor Prickett appointed a committee to include Phelps, Fregonese, Laws, Wenker, Morris and Alsing to study policy and to meet with persons interested in the water problem as it affects the impacted area. Neuenschwander recommended a close watch on commercial needs. The Mayor said that public inpdt would be important and that agenda be made up for study before public hearing. A letter was read from the State Highway Division reporting that the ruling on the installation of the signal requested for Walker Avenue and ORE66 could be made at the October 21 Commission meeting. No action necessary. Public Hearing date was set for October 21, 1980 at 7:30 p.m. A memorandum was read from Director of Public Works Alsing and petitions submitted requesting the paving of an alley between Shernmn and Union Streets. The Public Hearing was set for October 21, 1980 at 7:30 p.m. A request from CPN to cut pavement for leak repair on Ray Lane south of Siskiyou was considered and Laws moved that permission be granted and that bell cut be implemented if possible; Phelps seconded the motion which passed unanimously on voice vote. Mayor Prickett set a public meeting for next Tuesday, October 14, 198 at which time critics of architectural plans for the Justice Center as they relate to solar system and interested persons are invited to submit plans, figures etc. in order for the architect Gary Afseth to field questions. The time of the meeting was set for 7:30 in the Council Chambers. Gloria Thorpe was appointed to the Economic Development Commission and Phelps moved to confirm; Ragland seconded and on roll call motion passed without opposition. lo/7/8o P. 3 HISTORIC PLACES ETHICS iNFORMATiON NAMING OF ALLEYS PUBLIC FORUM AUDIBLE WARNING DEVICES FOR BICYCLES Councilman Ragland reported on he and Sims' meeting relative to nom- ination of McCall House and Claycomb House and recommended that additional control be placed on buildings nominated and instructed Staff to go ahead with amending Site Review Ordinance which would require site review changes on designated structures. Ragland moved to instruct Fregonese to proceed; Laws seconded and on roll call, all YES. City Recorder Franklin made ethics information availabIe to newly appointed Councilmember Peterson. A memo was read from the Planning Commission relative to the naming of commercial alleys and it was decided to consider by a case- by-case fashion. Council discussed the question of whether the alley (Dodge) in question should be a walk-way or for vehicles and it was brought up that there will need to be certain vehicles because of adjacent parking lots etc. No action was necessary. Harry Kieval, 740 Park Street, reported there is a natural stream at the rear of his property which does not originate on his land and is attempting to find out who should rightfully be responsible for the flow and/or damage. Kieval said that he has been told that the water comes from a spring and also from T.I.D. Alsing said that there hss been waterways out there and the ground is wet much of the time and said he didn't think the City basa responsibility. City Attorney Salter said Kieval has called him on the problem but that it is a civil matter and the cause needs to be determined. Harry Kieval, 740 Park Street, suggested when the audible warning on bicycles is considered that serious thought be given separating the cyclists from pedestrians by having opposite side of the street for those walking. It was noted there are sidewalks on the opposite side of the street. Kieval told of speeding cyclists who naturally scare people as they whizz by and the jeopardy of dodging the wrong way takes the enjoyment away from walking. Harry Kieval also brought up the speed of drivers on Park Street and was referred to the Traffic Safety Commission. Almquist read a memo from the Bikeway Committee recommending the City Council consider requirement of an audible warning device to alert pedestrians being overtaken from behind by bicyclists. It was the consensus of Council that a bell should be reqoired. Edwin Chapman expressed concern that we are just placing another law on the books which will not be enforceable. Mayer Prickett agree that it might not be completely enforceable but that it should be a necessary piece of equipment and counted as part of the expense. Jim Kruger asked if people living away from the bikepath would have to eauiD theirobi~es with a bell and was told they would. Medaris moved to make bell nlandatory. Phelps seconded. Sims recox~,ended that adequate notice be given so device can be check when licensing. On roll call vote the motion passed unanimously. 10/7/80 P. 4 FOUR-WAY STOP ORANGE & LAIrREL STS. STATE HIGHWAY 6-YEAR PLAN HOUSING REHAB BLOCK GRA~T LCDC GRANT MONIES LOST PETERSON'S OATH ORDINANCES, RESOLUTIONS AND CONTRACTS Taxi. Franchise Transfer of Approp. Constitutional Amend- ment - Funding for Energy conserv. A memorandum from the Traffic Safety Commission was read recommend- ing four-way stop signs be installed at the intersection of Orange and Laurel Streets and Medaris moved that resolution be brought back to the next meeting; Phelps seconded and the motion passed unanim- ously on roll call vote. A memorandum was read from the Director of Public Works outlining the Highway Division's Six-Year Highway Improvement Program and recommending extension of the four lane section of Siskiyou Boulevar~ from Walker Avenue to Harmony Lane. Medaris recon~ended that Alsing call the Highway Division to get information on scheduling and that Planning Commission be given opportunity to have input when they address the issue at their October 22meeting having been given the necessary information from Alsing. Letter from Highway Division accepted, no action necessary. Planner Fregonese requested permission to apply for a Community Dev- elopment Block Grant for housing rehabilitation. Fregonese said that a similar grant had been applied for in 1978 and that it would be necessary to hold a pubiic hearing and this would be done at the first meeting in November. S~ms and Medaris who met with Frcgon- ese on the matter both urged Council to consider. Rsgland moved to proceed; Laws seconded and on roll call passed unanimously. (The Railroad District was mentioned as a possible impact area). Mayor Prickett reported on a meeting relative to LCDC funding and the time lapse of making materials available which cost the City half of it's funding and recommended County Commissioners be request~ to appropriate same. Ragland moved to place item on agenda; Phelps seconded and motion which passed unanimously with all AYES. Laws moved to authorize preparation of request and signature; Ragland seconded the motion which passed unanimously on voice vote. Nancy Peterson was sworn in as appointed Councilmember to fill vacancy in Position 6 to fill the unexpired term of Bonnie Hamilton who resigned on September 2, 1980. Second reading by title only was given an Ordinance amending the taxi franchise with Ashland Cab Company and Medaris moved to adopt; Ragland seconded and on roll call motion passed unanimously. A Resolution transferring appropriations within funds for miscellan- eous items was read and Laws moved to adopt; Phelps seconded and the motion passed unanimously on roll call vote. A Resolution was read supporting proposed Constitntional Amendment to allow funding of conservation by Public Agencies. Laws spo~e in favor of the concept. Almquist added that we wouldn't necesssril5 be committed to the option even thoogh we s~port the idea now. Laws moved to adopt; Phelps seconded and on roll call, Phelps, Sims, and Laws voted in favor; Medaris and Ragland opposed. 10/7/80 P. 5 ORDINANCES RESOLUTIONS CONDD~ATION OF RIGHTS- OF WAY, HERSEY ST. FAUS RESOLUTION - BAND FD~]D RESOLUTION - Transfer of Approps. (Salary Adjs.) RES. PAVING OF ALLEY ADJOURNMENT Four Resolutions were read authorizing condemnation of rights-of- way for Hersey Street FAUS project and Laws moved to adopt alr foar measures; Sims seconded and on roll call passed unanimeus]y. A Resolution to amend the 1980-81 budget and making appropriations for band banner was read and Sims moved to adopt; Ragls~d seconded and on roll call vote the motion passed unani~ously. A Resolution transferring appropriations within funds was read and Laws moved for adoption; seconded by Phelps snd passed without opposition on roll call vote. Ragland moved to place Resolution to pave alley between Shermsn and Union Streets on the agenda; Phelps seconded and on voice vote passed unanimously. The Resolution was read and Medaris moved for adoption; Sims seconded and on roll call motion passed unanimously. Meeting adjourned at 9:55 P.M. Nan E. Frankiin City Recorder Ih