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HomeMy WebLinkAbout1979-0220 REG MINMINUTES OF THE REGULAR M]EETING ASHLAND CITY COUNCIL February 20, 1979 ROLL CALL APPROVAL OF MINUTES PUBLIC 11FARINGS: Chapman Appeal of Planniug Act. 79-10 Rex Shepherd Sunset access After leading the Pledge of Allegiance, Mayor Prickett called the meeting to order at 7:30 P-M. on the above date in the Council Chambers. Ragland, Phelps, Medaris, Laws and Hamilton were present. Sims was a few moments late. Hamilton moved to approve minutes of the executive session and regular meeting of February 6, 1979 and Ragland seconded the motion which passed unanimously on voice vote. City Administrator Almquist read a letter from Edwin R, Chapman dated January 25, 1979 and requested that staff report dated JanUary ].1, 1979, Minor Land Partition findings of fact, Flag Partition findings of fact, Request for Variance (all submitted by applicant/appella~), Site Review, copy of Legal Notice, t~anscript of minutes and state law be made part of the record. Planning Director Box reviewed the matter of the eighth can- tion not acceptable to Chapman which was imposed by the Planning Hearjnga Board with the understanding that it was called for by State law. City Attorney Salter reported that he had asked the engineerlug department to get the deed which did require easement for ditch as it existed in the 1880's and stated that on inspection Olson found no sign of maintenance on the groun~ (trails). Mayor Pric~ett opened the public hearing and asked for opposition of appeal. No response. Edwin Chapman, Appellant spoke in favor saying there are two lots in question and originally there was one deed creating this easement ~ich applied to the entire property in 1905. The lot does not cross the subject property and he too could find no evidence of a need for right-of-way, Cbapman said. Since there was no further connnent, Prickett closed the public hearing. Sims ~sked Salter for clarification and said it would apply (easement) to the whole parcel. Salter said the ditch is not on the whole parcel snd quoted the deed as stating "where the same passes through the above lands" and snid it doesn't seem that it has done that. Salter showed a map of the prop- erty and after fnrther discussion Laws moved the appeal he upheld by Council because the decision was based on State law erroneously; Phelps seconded. Medaris suggested in the future wben something of this nature comes up before the Hearings Board that the matter be taken to the ~hole Conm~iss]on. On roll call, passed unanimously. Almquist read a letter from Appellant Rex H. Shepherd relative to minor land partit]on and asked that it be made part of the record along with copy of application with staff input, Comnission discussion (3 pages), Shepherd's statement of f~ndings on 3 variances (3 pages) Public Hearin~ minutes (2 pages), Staff Report dated January 11, 1979&copy of legal notice on public hearing. P!onning Director Box reviewed action of Planning Commigs]on saying that the 25 foot right of way would ensb]e future extension to serve other long lots between Walker ~nd Sunset. Mayor opened public hearing ~:nd asked for ccmments in favor of appeal. Rex Shepher~j, Appellant, spoke s~Lating teat the 25 ft. right of way would interfere with a wn[er ray 2/20/79 ?g. 1 .. Reg ,J~r Meeting Ashland City Council ?/23_/79 Shepherd Appeal cont. and the stream is the best part of the lot. Lloyd Pennington stated he owns the lot south of Shepherd and said he has enjoyed access from Sunset for many years and would like to continue that access and urged provision of that access. On question by Hamilton as to what lies to the South, Box said two large lots south of Pennington. Alsing said he o~s one of the lots south of Pennington and hasn't thought of subdividing but if he looked at developing off Sunset he would look at a private way, Phelps moved to uphold appeal with provision of 25' easement from lot line in rear for access to Pennington's property; Medaris seconded and on roll call passed unanimously. Sidewalk Impr. Patterson & Carol Flood Plain Ord. Street Dedication P~vement Cut' Request Approval of Minutes PUBLIC FORUM Two memos were read relative to the installation of sidewalks on Patter- son and Carol and petition noting 88% of the property o~mers in favor. Almquist requested that the above and plat and petitions he made part of the record. Mayor opened public hearing and there was no response for or against. Public hearing was closed and Almquist noted the ordinance would be read later on agenda. Planning Director Box reviewed the Flood Plain Ordinance and said ~t ~as drawn t~ke H.U.D. model and that H.U.D. bad requested that ordinance be adopted for local enforcement. Box showed flood plain maps. Th~ public hearing was opened. There was no comment either for or against and the public hearing was closed and it was noted the ordinance would appear later on agenda. The need for an ordinance prescribing conditions under which property owners shall be required to dedicate rights of way to the City for streets etc. was reviewed and the Mayor opened the public hearing. In the absence of comment, the Mayor closed the public hearing and said the ordinance would be read later. Request to cut 724 "B" Street withdrawn because street no longer under moratorium. Laws moved to approve minutes of boards, commissions & committees; Phelps seconded and on voice vote, all YES. Kathy Norton, representing Non-union Employes asked if she could speak on matter of new personnel manual and resolution adopting hours etc. Mayor Prickett said she could speak to the issue when it appeared later on agenda. Mayor Prickerr stated his concern over the fact that some property owners are converting apartments to condominiumsand are in fact creatiag R-1 houses ~n R-3 zones which will before long leave the City short of R-3 zones earmarked as such in the new Comprehensive Plan. The result accord ing to the Mayor would be aD imbalance of use and shortage of s~tes for rentals. Prtckett said the condominiums go through Salem and are not under control of the City even for inventory purposes, ~xnd that tixev ~ t] change the quality of neighborhoods. Prickctt recommended that an crdin- ance be drawn up. Box said most cities are treating ccn~os the same land 2/20/79 Pg. 2 Meeting Ashland City Council pUBLIC FORUM cent. CONDOMINIUMS cent. MAYOR' S APPOINTMENT SCENIC/GRANDVIEW TRAFFIC HISTORICAL DESIGNATION LITHIA PARK use and density as apartments and said it would be interesting to learn how many people are developing this way. Box said that something could be built into the planning which will assure the structure remains per- manently what it is developed to be. Chris Hald of 255 Wightman agreed this conversion is taking place and said it would be hard to control or discourage. Mayor suggested matter be brought back for discussion. Mayor appointed Andy Running to serve on the Planning Commission for a three-year term. Laws moved for approval; Ragland seconded. Phelps asked Prickett for clarification of appointment criteria saying he understood there was an agreement that Councilmembers would see a list of citizen volunteers. Prickett said the list has been in the newspaper and that some names were accepted after that publication. The Mayor said that Running's name came recommended by Medaris and that all members are urged to submit candidates. David Hoffman of 345 Scenic Drive asked how appointments are determined and the Mayor said that any conscientious citizen who wishes to serve may volunteer and that the main criteria is their reputation. Prickett added that often the can~idate's philosophy may be one he ~lways agrees with but nevertheless recommended candidates may be appointed. Larry Medinger suggested along w~th Rex Shepherd that CPAC members be con- sidered because of the experience they gain with that committee. On roll call vote to confirm Running's appointment Councilmembers Laws, Ragland, Phelps, Hamilton and Medaris voted YES. Sims opposed. Mayor Prickett nominated Chris Hald, Sr. to the Planning Commission and there was no motion to confirm. Mayor urged that CouDcil members backgrounds of people nominated to ~;crve. On Phelps' question as to what constitutes a conflict of interest and how it is handled, the Mayor said that if there is involvement of any kind it should be noted before discussion takes place but member could still vote on the issue. Medaris said the Planning Commissio~, should be recognized for their time and deSication rather than jus~ criticism. The report as requested from Planning Commission concerning alternatives for Scenic/Grandview area and minutes of Planning Commission delibera- tions were submitted and Almquist recommended that a public hearing be set on that matter for March 6, 1979 and after having resolved that issue that matters concerning Susitna Heights, Pine Meadow and the Knee-- bone development could be considered on March 20, 1979. Mayor Prickett set the public hearing on Scenic/Grandview for March 6, 1979. Hamilton so moved seconded by Ragland and passed unanimously on voice vote. It was noted that because of the large group anticipated ~t the meeting would be held in the En§lish Lecture Hall of Ashland Sen~or High Scho~ll at 7:30 P.M. and t beTadvertised. o Director of Parks & Recreation M]ckelson reviewed the proposed designa- tion of Lithia Park to the National Trust and explained it would be a sort of incentive rather than restrictive and would offer opportunity of low interest loans. Laws pointed out that the park is a living organism and should remain that way as opposed to a static entity. Ragland that any such request would have to come from the C~ty of Ashland and A95 Review criteria was discussed. ~lickelsou said Ehe Parks Commisslcn will continue to study the issue and wi] 1 meet with Historic Cormmission. Regu]P Meeting Ashland City Council 2,120,L~? P. 4 BCVSA VS. COUNTY, CITY OF ASHI~ND et al COUNTY ROAD IMP. PROGRAM COMP. PLAN CHANGE #11 LEGAL ASSISTANCE FOR PC REOPEN SUSITNA HEARING ORDINANCES, RES. ETC. Hospital Bd. Members Hospital Bd. Terms Patterson St. Side- walks Randy St. Imp. Comp. Plan Change Tax lot 600 Flood Plain Ordinance Memorandum submitted from City Attorney relative to BCVSA vs Jackson County, LCDC and the City of Ashland for information only. A memorandum from Director of Public Works Alsing was reviewed as it relates to the County proposed five year capital improvement pro- gram on road improvements and Alsing spoke of the need for at least an overlay on Tolman Creek Road because of its deteriorating condition and because the property o.~ners are adamantly against paving of the street feeling that its present condition discourages fast traffic and keeps the area in rural setting. Laws moved staff take action to carry out proposal by changing Tolman from Category 4 to Category 3; Phelps seconded and the motion passed unanimously on roll call vote. Public hearing set for March 6, 1979 at 7:30 P.M. in English Lecture Hall at Ashland Senior High School. A memorandum from the Planning Commission requesting monies be set to provide legal assistance at public hearings was considered. Mayor Prickett asked City Attorney to work with Planning Director Box to determine what can be done to assist, how much time would be spent, and requested report be made after a couple months. Public hearing to be set after related hearings set for Mar. 6, 197~. Second reading by title only was given an ordinance adding two members to the Ashland Community Hospital Board and deleting restrictions on doctors being members. Laws moved for adoption: Phelps seconded and motion passed unanimously on roll call vote. Mayor to bring back name~ First reading was given an ordinance amending the AMC relative to terms of Community Hospital Board members and Ragland moved to second reading; Hamilton seconded and on roll call motion passed unamimous!y. First reading was given an ordinance authorizing and ordering t e installation of sidewalks on Patterson from Carol to Phelps, an on Carol from Clinton to Patterson Streets and Laws moved to second rest- ing; Hamilton seconded and on roll call, all YES. First reading was given an ordinance calling for improvement of Randy from Helman to Laurel, and Laurel from Randy to Otis Streets and Phelps moved to second reading; Sims seconded and on roll call, all YE=S First reading was given an ordinance amending the comprehensive plan relative to tax lot 600 and making findings of fact in it's support. Laws moved to second rading; Ragland seconded and on roll call motion passed without opposition. Flood Plain ordinance was read for the first time adding new provisi~ln~ to Chapter 15.04 of the Ashland Municipal Code establishing building construction regulations. Sims moved to second reading; Ragland seconded and on.roll call, all YES. 2/20/79 Pg. 4 __R_e_g~j ,_~eting Ashland City Council Ordinance Adopting Personnel Policy Kathy Horton, representing Non-union Employes expressed concern over loss of benefits within Resolution (to follow) stating that unit consists of 2/3 female employes who are single working parents and who on ocassion must take time to care for youngsters and with the new policy will have to use vacation time or time-off without pay to do this. Horton asked for additional time to review by employe unit both the ordinance and resolut- ion setting policy etc. Almquist said they were given draft in late November. Mayor called for recess and Council went into Executive Session at 10:00 p.m. and returned at 10:35 p.m. First reading by title only was given an ordinance adopting a genera] personnel policy and employe responsibilities, and rapesling Ordinance No. 1404 as amended. Laws moved to table until n~xt meeting. Motion died for lack of second. Ragland moved to second reading. Mayor Prickett told Horton that proposals for amending ordinance could be present at second reading. Hamilton seconded and on roll call Phelps, Medaris, Rag- land, Hamilton and Sims voted YES. Laws voted NO. Resolution - City ~np. hours of work etc. Almquist gave reading by title only of a resolution adopting hours of work and other conditions of employment for non-supervisory employes not cluded in collective bargaining agreements. Sims moved that two separate votes be taken on (1) sick leave and, (2) S.A.I.F., and motion died for lack of second. Ragland moved to adopt; Medaris seconded. Mayor the Resolution could also be amended at next meeting. On toil call, Hamilton, Ragland and Medaris voted YES. Phelps, Sims and Laws voted NO. Mayor broke the tie with a YE~ vote to carry the motionl Resolution designating stop sign on Oak & Nevada Resolution was read designating the location of a stop sign on Oak Street at Nevada Street. Ragland moved for adoption, Hamilton seconded and on roll call motion passed unanimously. Departmental Reports Ragland moved to accept Departmental Reports for January ]979 as submitted Hamilton seconded and on voice vote, motion passed unanimously, Liaison Reports Councilman Phelps said he had gone to the ~ater Quality add reported on Ashland's position relative to off-set cr' eria. Adjoernment Mayor Prickett adjourned meeting at i0 P.M. r nkli ........... City Recorder r jh