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HomeMy WebLinkAbout1980-1021 REG MINMINUTES OF THE REGULAR }~ETING ASHLAND CITY COUNCIl, October 21, ]980 ROLL CALL APPROVAL OF MINUTES PUBLIC HEARINGS Dean Fisher Driveway Bellview cul-de-sac Council Chirman Ragland led the Pledge of Allegiance and called the n~eting to order at 7:30 P.M. on the above date in the Council Cham- bers. Phe]ps~ Medaris, Laws, Sims and Peterson were present. Mayor Prickett was absent. Medaris moved to approve minutes of the regular meeting of October 7, 1980 and Phelps seconded the motion wbich passed with all YES on voice vote. Ragland opened the public hearing and Attorney Don Pinnuck spoke on behalf of the applicant saying that the request is to leave fi]t moved in for creation of an access to Fisher's property until such time as Fisher can apply for a subdivision and hopefully at that tin~ work the access out with planning. Pinnock reiterated the fact that at this time only the request to leave fill in place for a period of six months is being discussed. Pinnock gave history of the property and reasons which resulted in need for access as they relate back to 1966 when City portion of the Bellv~ew cul-de-sac was dedicated from an abandoned County road. Pinnock said that Fisher had spent monies to fill ramp for access and was given permission by the City to do Louise Thompson~ 2301 Black Oak Way, said that if the read in que:~t]cln is going to be developed it would go down behind her property a~rd if the fill is allowed to remain and we have excessive rain or flooding it will be a real problem. Thompson submitted pictnres of the area to be entered as exhibits. Thompson added that debris has been d~pe~ and has ruined the environment in the area and that traffic, fumes and noise generated by adding houses to the area will make a third of her property useless to her. Mrs. A. J. Kanclier of 1075 Bellview sajd that after the public hearing previous to this one Council had pro-- mised that the ramp would be eliminated and again spoke in opposition to the ramp and increased traffic in area where traffic is already a problem. Dave South, 1140 Bellview, spoke in opposition to the pro- posal saying that the street has always been a deadend and that the people in the area are frustrated by the volume of traffic now. Allen Drescher, Attorney speaking for the Hamilton Creek Neighborhood said the original action taken by the developer (Fisher) in dumping the debris for the ramp was done without permission of the City and the action resulted in a trespass. Drescher said that what Fisher got was a curb cut permit without a building permit, planning approvs] public hearings and/or public notice and that the act was one of flag-- rant disregard of the rights of the citizens of Ashland. Drescher said if the fill is allowed to remain it will give a strong signal to developers etc. that the City will not enforce it's own rules. Pinnock reiterated that a subdivision is not in question at this publi hearing and said the City was responsible for Fisher's actions and further that the concrete deposited there is to be used to rip-rap the creek to avoid erosion. R. C. Isaacs, 1120 Bellview said part of the problem is that the City did not go out and look at the site before giving Fisher permission Ashland City Councl 1 10/2!/_~_0_ll.' '_k,.~ Public Hearing cont. Fisher Access Ramp and the property in question is subject to flood control and to de- velop it would be to place occupants in jeopardy and there is nothing to change the first decision to remove the fill from the cul-de-sac snd that it is not doing anyone any good now or in the future. The matter was turned back to Council and Laws noted from the map of the property and location of fill that it appears to encompass more property than the City's and Drescher agreed that it does. Medaris said that the Planning Commission had given Fisher a chance to have access from Clay and was told he was not interested in it. Medaris urged Council to stay with crigina] vote that would move the fill by the City, and said he was in the backyard of the Thompsons where debris could be viewed and agreed on impact of neighborhood. Sims agreed that the City should remove the dirt. On question of Sims as to what it might cost the City, Alsing said it would be hard to estimate as it will be difficult to get the dirt out. Phelps said the record shows that Council asked to have dirt removed from City property and that now is being asked to reconsider based on new evidence and it is apparent there is nothing new to add. Phelps added that he has pictures of the 1974 flood showing damage in area and doesn't see how we can take any more time and added that Fisher should be responsible for some of the expense for removal. On questio: by Ragland as to whether a subdivision had been previously planned~ Fregonese said he has seen plats dating back to around 1966 but that such application has long since expired. Medaris moved to deny request and that City remove fill and place it where it wishes; Sims seconded and the motion passed unanimously on roll call vote. Sam Conner Appeal of PA #80-51 The City Administrator read the letter of appeal from Sam Conner, and a Planning Commission memo dated October 7, 1980 indicating approval of the application by the Commission and asked that the Staff Report, minutes and approved findings of the Commission also be made a part of the record of the hearing. A letter from Fred Binneweis, 1009 Oneida Circle was also read, supporting the appeal. Planner Fregonese sum- marized the action taken by the Commission and reviewed the building plans and elevations with the Council. He indicated that there was no problem with solar access, and that two story units were permitted in the R-2 Zone and were regularly approved by the Planning Commission. The public hearing was opened and Appellant Sam Conner spoke in opposition to the proposal saying that when Alderson was on the Conmission it was decided after neighbors complained of two-story construction and contractor was asked to modify proposal by construct-° ing one-story duplexes that there would be no future approval of applications for two-story buildings along Siskiyou Boulevard. Conner added that now only a few years later he feels betrayed by the Com- mission's reversal of philosophy. Conner said the duplexes blend into the neighborhood. Conner said the Commission's decision was never drawn up formally and asked Ceuncil to consider the burden on schools and traffic problems as well as parking. Virginia Vogel said she has just purchased property South of this property on Bellview with a beautiful yard and that two-story apart- ments will probably destrov h~r ~n~m~ 10/2]/80 p. 2 R~1 '~eetj~Lg Ashland City Council 10/2i Sam Connor appeal of PA80-51 Public Hearing Alley paving Sherman/ Union Streets APPROVAL OF MINUTES COmmISSIONS, COMMITTEES RAINBOW BRIDGE GROUP Virginia Vogel said she has just purchased property just South of this property on Bellview with a beautiful yard and that two-story apart-. ments will destroy her investment. Howard Johnson added his voice to the opposition. John Johnson said he owns the property which has been approved for development of seven unit apartment add said it meets tbe criteria of the Zoning Ordinance and has been checked for solar blockage which shows no conflict. Fregonese agreed. Johnson said the walk was not provided for intent suggested by Conner. The public hearing was closed and the matter turned over to Council for discussion. Medaris expressed concern about traffic and increased enrollment at schools and based on those findings moved that proposal would be injurious to health and welfare of neighborhood; Sims seconded the motion. After some discussion Council agreed that the two-story structure would be allowable in an R-2 Zone and should that not be their intent that the Comprehensive Plan be amended to affect future proposals. Medaris and Sims voted in favor of upholding appeal; Phelps, Ragland, Laws and Peterson voted against the motion. Motion failed. A memorandum was read with petitions attached requesting paving of an alley between Sherman and Union Streets with 84.0% in favor. Ragland opened the public hearing and Russ Dale, 585 Allison spoke in favor describing the alley to be in poor condition etc. With no further comment offered, Ragland closed the public hearing. Council approved and Almquist said no action is necessary and that the ordinance is 'later on the agenda. Sims moved to accept minutes of Boards, Commissions and Committees and Medaris seconded the motion which passed unanimously on voice vote. Almquist read a letter from Lawrence Schechter of Rainbow Bridge Group requesting consideration of proposal that stewardship of the house on the Lord property be given Mr. Joshua Smith. Schechter elaborated on the plan to house Joshua Smith as caretaker and said that repairs to the house would be undertaken to make it habitable and that part of the costs would be assumed by the group. Schechter said that Smith would oversee activities on the property and his occupamcy will enhance the value of the house and property, and that non-profit status would be sought in preparation for application for funding jD the future. Sims said he has had the opportunity to inspect the house and grounds and the direction the group is taking is a good one. Ragland said he has some questions and does not think it would be akin to the City Parks Commission. Ragland said the property isnot taxed since it belongs to the City and that any funding or maintenance repair etc. would be business to be taken care of in Budget hearings. Ragland said the conclusion he had come to was to tear the house dD;,m saying that to attempt to preserve it would not be economically feas-- ible. ..... continued 10/21/80 P. 3 Community Garden cent. Pavement Cut Request Almquist reported that the occupants (Rounds) have been paying $132.00 per month an~ that this is the fifth year they have lived there. AIm- quist reviewed the Lord's intent to give the tenant ample time to re- locate and said more rent could probably be generated from the unit. Almquist also stated that $10,000 would be a conservative estimate to rehabilitate the house. Jones said it was regarde~ as a historic landmark but Raglan~ said it has never been designated as such to his knowledge. Schechter said that the Lord's principal interest in givin the properlzy to the City was to enhance the City's ecology and in his mind this has not been done over aperiod of sixteen years during the occupancy of the Rounds. Schechter said his group sees it as an oppor tunity to take quick action which would encourage future improvement for Cjty's good. Sims said they have done a lot of work on the prop- erty for no cost. Dick Bernard of 440 Terrace asked if monies sought would be used for a park or a building for restoration which would then be turned over for community ~se. Jones said as caretaker he would make the house the central place of organization and dissemination of work. Peter- son asked Jones/Schechter if they had a written proposal and Smith said it was given to Council. Russ Dale asked Jones if he could move into the house nox~ and appear before the Budget Committee later and Jones said tbe house would not be livable the way it is. Laws sug- gested we allow Jones to move in but not expend monies at this time. Medaris recentended there be some understanding on the restoration issue. Keli asked what responsibility the City would have in ren~ipg a house not habitable. Sims said the City would have a legal respons- ibility an~ we would have to meet certain standards. Sims said the group is willing to go ahead on a cost-sharing basis with the City and then in a year the project could be reviewed. Sims moved to approve concept ~eleting any cost-sharing for one year on the conditio the house be brought to a habitable standard. Laws seconded the motion an~ amended i[ to review July 1, ].981. Corliss asked about the organization proposing to enter into an agreement with the City. Schechter said it is the Rainbow Bridge Group which was started about a year ago to promote ecology. Sche~tersaid the group is interested in holistic living. On amended motion Sims and Laws voted YES. Phelps, Ragland, Medaris and Peterson voted in opposition and the motion failed. A1 Gilleghem cautioned the City on consideration to allow someone to inhabit a house in the condition outlined. Ragland again stated the house should be torn down. On the original motion to allow Jones to move in thereby entering into agreement with the City, Laws and Sims voted YES. Medaris, Peterson, Phelps and Ragland voted NO. Motion failed. Almquist read a memo from the Director of Public Works requesting per- mission to make a pavement cut on Ray Lane to repair a sewer leak under Hwy. 66. Alsing explained that the line is accessible from Ray Lane and would preclude cutting into newly paved Hwy 66. Medar~s moved to approve; Laws seconded and on roll call, passed unanimously. 10/21/80 P. 4 Water Moratorium Report PUBLIC FORUM YMCA Public Hearing Liquor License Apps. BALLOT MEASURE #6 Mayor's Appointments ORDINANCES, RESOLUTIONS & CONTRACTS YMCA ANNEX. Councilman Phelps distributed a draft of proposed moratorium ordinanc~ and suggested it be reviewed. Fregonese discussed several proposals resulting from recent committee meetdng and said that permits wo~sld be limited in time according to size of development and that no ex- tensions would be given. Laws said there would be about 128 connects witba cushion of shout 10% from that amount. Laws said that conserve tion measures would be implemented. M. D. ltutchens, 1495 Lilac Circl~ said he just bought a lot and that the water has been paid for alread5 and would feel put upclu if water is not available when he starts to build his solar home. Ragland said there would be a public hearing and Council discussed the possibility of October 28. Hampton said it would be impossible to adequately advertise etc. in that short time and Ragland moved to have the regular meeting on November 5, 1980 and have the public hearing at that time. Medaris seconded and on roll call, motlon passed unanimously. Councilman Phelps reported the Lions Club is going ahead with the building of stairs at Bluebird Park. Planner Fregonese announced the Solar Conference has 153 registered and that only 200 can be accommodated. Councilman Medaris reported he and Principal Wes Smith bad appeared at the Highway Divlsion relative to the traffic signal being requestec for tty 66 and Walker. Medaris said the request was approved and that a rush will be put on it and added that we must be prepared to match the funding on a 50/50 match. Ordinance setting public hearing later on agenda. Liquor license applications were considered for Toonerville Sandwich Shop and Ye Olde Pub and Chief of Police Lively recommended approval.. Laws moved to approve; Medaris seconded the motion which passed with- out opposition on roll call vote. A memorandtm was submitted from Director of Finance Nelson and Ballot Measure #6 was discussed by Council and Nelson reviewed tbe financial disadvantages etc. Ragland recommended that the City take action to go on record as being opposed to the measure. Medaris so moved; Peterson seconded and the motion passed unanimously on roll call. A memo was read submitting the names of Jim Greathouse and James Hays for appointment to the Citizens Planning and Advisory Committee and Sims moved for approval; Laws seconded and the names were confirmed unanimously on roll call vote. First reading was given an ordinance dispensing with an election within the City of Ashland on the question of a proposed annexation and setting the time and place for a public hearing thereon and set- ting a public date on the withdrawal of certain real property from the Jackson County Fire District No. 5 and direction publication of notices. Medaris moved to second reading; Laws seconded and the motion passed unanimously on roll call vote. 10/24/80 P. 5 Ordinances, Resolutions & Contracts cont. Warning bells on bicycles Paving of alley between Sherman & Union Streets Resolution relative to DeLatorre property Resolution authorizing condemnation--Williamson Resolution - stop signs Orange & Laurel Sts. Airport Master Plan Departmental Reports Liaison Reports First reading was given aD ordinance requiring warning bells on all bicycles and Phelps moved to second reading; Sims seconded the motion which passed unanimously on roll call vote. F~rst reading was p, iven an Ordinance ordering improvements (paving) of an alley located between S!~erman and Union Streets and Laws moved to second reading; Phelps seconded and on roll call all YES. A Resolution was read authorizing the condemnation of land for public use in connection with Hersey Street FAUS project and Medaris moved to adopt; Laws seconded and the motion passed uuanimo~s- ly on roll call vote. A Resolution was read authorizing the condemnation of land for public use in connection with Hersey Street FAUS project and Medaris moved to adopt; Laws seconded. Sims asked for details on proposal and wondered if action could be delayed so he could check to see what had transpired ~ith the State on tbe property regarding contacts etc. Dick Bernard said be owns property next to these people and said there has been little contact. It was explained to Sims that the project has taken so long in this stage that the action should be taken to preclude any more time consumed. On rollcall, all YES. A Resolution designating stop signs at the intersection of Orange and Laurel Streets was read and Laws moved to adopt; Phelps seconded and the motion passed unanimously on roll call vote. Authorization was requested for Mayor and Recorder to execute Contract with Wadell Engineering for update of Airport Master Plan. Phelps so moved; Sims seconded and the motion passed unanimously on roll call vote. Sims moved to accept departmental reports for the month of Septem~er and Phelps seconded the motion which passed unanimously on voice vote Almquist noted that Ruth Craw has moved and must be replaced on the Budget Conmittee and asked for recommendations to be bronght to rte~t Council meeting. Study Session with the Airport Committee was set for 4:00 P.M. on November 12, 1980. Almquist set preliminary meeting with Medaris and Laws to review the PP&L proposal prior to the luncheon with PP&L on Friday, October 24. ADJOURNYfENT The meeting was adjourned at 10:48 P.M. to November 5, 1980 at 7:30 P~ Ashland City Council 10/2~ P~, 7 '~n E. Franklin icy Recorder ih lo/2~/8o P. 7