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HomeMy WebLinkAbout1978-0307 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL March 7, 1978 ROLL CALL APPROVAL OF MINUTES APPEAL FROM APPROVAL OF MLP #341 - 335 High St. In the absence of Mayor Prickett, Council Chairman McCannon led the Pledge of Allegiance and called the meeting to order on the above date at 7:30 P.M. in the English Lecture Hall at Ashland Senior High School. Present were Hamilton, Laws, Ragland and Phelps. Drescher was absent. Hamilton moved for approval of minutes of Executive Session and Regular Meeting of February 21, 1978; Ragland seconded and on voice vote, passed unanimously. A letter appealing decision of Planning Commission approving MLP #341 on property situated behind 335 High Street was read from Jay Sunmerhays with attached petition from residents in the area. AlmquistI~_quested tha~ minutes of the Planning Com- mission meeting of February 8, 1978, staff report dated Febru- ary 8, 1978, copy of February 9, 1978 letter from Planning Com- mission to Applicants Chambers & Robinson and public hearing notice and map of proposed partition be made part ~f the record. Planning Technician Winterowd explaine'~the proposal which would open up interior unimproved lots and showed a hammerhead type cul de sac and said the Planning Commission had agreed to allow a forty-two foot street. McCannon opened the public hearing and Jay Summerhays of 346 Scenic said with the alley left open a one- way street would result where cars would meet in the middle and have to back up and this would include fire, garbage and other service trucks along with automobiles. Summerhays mentioned lack of maintenance would create mud problems for the streets below the alley during wet weather, and added that he and Nason are prepared to initiate vacation of the ailey and showed diagram of property owners who have signed in agreement. Dick Chambers co-owner of land being partitioned at 335 High Street said he had artended the neighborhood meeting and is in agreement with vacation of alley and hammerhead cul de sac. Chambers said that one of the points against the hammerhead has been that fire trucks and delivery trucks can't turn around in there and added that this is the case in any cul de sac with the fire truck. On question from Hamilton, Chambers said use of a hammerhead was it takes less land. H. G. Brown, 128 Wimer Street, asked for reassurance that if the alley is closed that he would have access to develop his two lots in the future, otherwise he would oppose the plan. Winterowd related an agreement made during the neighbor- hood meeting where Harpster of 120 Wimer would sell a six foot strip to Brown so his lots would be legal size. The public hear- ing was closed. Public Works Director Alsing said he supports the standard circular cul de sac as the hammerhead is difficult to clean and related that the Fire Dept. prefers it. Phelps moved that alley vacation be allowed and directed staff to proceed with public hearing etc.; Laws seconded and the motion passed unanimous- ly on roll call vote. Then Phelps moved that configuration of standard cul de sac be accepted consisting of 80 feet on the street with 5 ft. clearance area around it; Laws seconded and motion passed unanimously on roll call vote. Laws expressed Regular Meeting Ashland City Council 3/7/78 Pg. 2 MLP #341 APPEAL CONT. PUBLIC HEARING IVY LANE PAVING MINUTES OF BOARDS, CO~fISS- IONS & COMMITTEES BELLVIEW SCHOOL CROSSING NATIONAL TRUST NOMINATION HUNTER TRUST appreciation of neighborhood"s efforts to work out a solution to problems affecting their area. City Administrator Almquist read a letter and petition for paving Ivy Lane west of S. Mountain Avenue showing 84.96% of frontage effected in favor and 15.04% opposed to the proposed improvements. Almquist asked Alsing if the 28 foot curb to curb road would pre- sent problems. Alsing said he could support narrower than stand- ard street because of the few properties on the street but said that parking should be provided on one side only for visitors. McCannon opened the public hearing but there were no comments from the audience. McCannon closed the public hearing and Dr. Cope spoke saying there is little liklibood that the street would ever be extended due to the steep terrain and if necessary he would build another cul de sac to serve further development. The ordinance was read for proposed improvements and Phelps moved to second reading; Ragland seconded and motion passed unanimously on roll call vote. Ragland moved to accept minutes of boards, commissions and commit- tees; Phelps seconded and motion passed without opposition on voice vote. A letter was read from Lana Boldt of 1950 Tamarack and petition signed by many Ashland citizens requesting that adult crossing guards be made available at crosswalk at Bellview School located at Siskiyou & Tolman Creek Road and that crosswalks be painted immediately. Lana Boldt described conditions and reported a near accident confirmed the long standing need expressed by the letter and petition. On question to Alsing relative to painting of cross- walks, Alsing stated that paint is short lived during this season and that thermalplastic crosswalks are planned for Spring. Boldt said she had spent time researching the budget and gave figures used implementing programs and urged consideration in this life saving proposal. After some discussion relative to the school district's responsibility in provision of such protection, Rag- land moved that City pay for half the expense of crossing guard plus incidental expense and materials for painting of crosswalks. Phelps seconded and motion which passed unanimously on roll call. Chief Hays in answer to question by Boldt said he would keep a patrol car at location unless an emergency required response by the vehicle. Principal Jorgenson expressed appreciation for Council's action on the matter. A letter was read from the State Historic Preservation Office rela- tive to nomination of the Mark Antony Hotel to the National Regis- ter of Historic Places and Ragland moved to accept and place on file; seconded by Laws and passed unanimously on roll call vote. A letter from Judge Glenn Munsell and memorandum from Director of Finance Nelson was read relative to the trust monies left by the George Ian Hunter estate and giving instructions for use of same. 3/7/78 Pg. Regular Meeting Ashland City Council 3/7/78 Pg. 3 REQUESTS FOR PAVING CUTS WALKER AVENUE PAVEMENT CUT REQUEST CUTTING FAITH/PARK PUBLIC FORUM POLICE DEPT. COLLECTIVE BARGAINING SCHULZE RE ZONING Requests for paving cuts were considered and Laws moved for approval; Hamilton seconded and on voice vote, all YES. A letter from Leo Jansen of White Motel was read requesting per- mission to cut pavement on Walker Avenue for new water service. Laws moved to grant request; McCannon seconded and on roll call, passed unanimously. Letter from Dave Hakes, 718 Park Street was read requesting per- mission to cut both Faith and Park Streets to provide water and sewer service. Hakes explained additional expense if the sewer and water were brought down from Mae Street. Laws moved that cuts be allowed on both streets; seconded by McCannon. On roll call vote Laws, McCannon, Ragland and Hamilton voted YES. Phelps opposed. Motion carried. Gilbert Wagner of 920 Mary Jane requested that the area at Mary Jane and Siskiyou (2/3 acre) be returned to low density because apartments would cut off view and increased traffic on Mary Jane would destroy the environment which the seven or eight retirees moved there to enjoy. James Oakes of 1497 E. Main Street suggested that property north of E. Main which is being left out of the plan be included by running a strip along E. Main Street one hundred feet deep to keep in the City for high density use. Oakes said this plan would not impair agricultural use. Mrs. Bessie Hardin of 1423 E. Main requested that their property be taken into the urban growth boundary because at least nine of the acres are not suitable for farming and therefore need not be placed in the agricultural designation. Mr. Hardin said that Wightman could continue along length of the property and you wouldn't have to do much to take it back into the City. City Administrator Almquist said in order to bargain with Team- sters Local 223 (Police Officers) Union he would need approval of a waiver to bargain during'the first of April. McCannon moved to place on agenda; Ragland seconded and on voice vote, all YES. McCannon moved to grant approval to bargain with Teamsters; Rag- land seconded and on roll call motion passed unanimously. Fred Schulze of Garden Way wondered how long the Siskiyou Blvd. property zoned high density (at Mary Jane) and was told by Laws it was so designated in the old Comprehensive Plan. Schulze said he plans to develop area addressed earlier by Wagner and is think- ing of building luxury condominiums, and said that the proper pro- cedure would have been for those interested in what development is going in use the Site Review as the time to support or complain about use. 3/7/78 Pg. 3 Regular Meeting Ashland City Council 3/7/78 Pg. 4 PUBLIC FORUM cont. LEONARD STREET PETITION COMPREHENSIVE PLAN U.G.B. Hardin Property B & G PROPERTIES PARKS COMMISSIONER Phelps requested that letters from Todd Hakes and Rhonda Edwards be made p~!t.of ~tb~..~e~QKd. Youngsters wrote expressing interest in seeing recreation etc. provided in the City. A letter was read with petition attached from people principally living on Leonard Street against development of a standard width street which would place the street between two homes and close to existing homes where a woodsy environment exists now. Tim Lytle said he has repeatedly attemptly to contact the land owner to learn of his intentions to develop without success. Lytle suggested other routes which could be used for access. Council agreed to look at the property before further consideration and Phelps moved to table until area can be viewed physically; Rag- land seconded and on roll call, passed unanimously. McCannon moved that twelve acres be included in Urban Growth Bound- ary; Hamilton seconded. Laws asked Planner Box what class the soil is on the acreage and was told Class 3. Laws cautioned Council on taking more area into the plan because of the criteria for making such a decision saying that the population increase by the year 2000 mustbe agreed to by the people and that the plan as it is comes very close to what was agreed upon and that it would be necessary to justify any more. Laws added that should the case be taken to court we couldn't win. Phelps pointed out that there is a five-year review built into the plan (L.C.D.C. law). On roll call, McCannon and Hamilton voted YES. Phelps, Laws and Ragland voted in opposition. Motion to include acreage failed. Phelps reported that he inspected the B & G site at Oak Knoll, part of which the developers have requested consideration to zone high- way commercial and said that the connnercial would extend too closely to the residential area and objected because the connnercial would overlook the residential below and Dreclude the environment now enjoyed by the property owners. Phelps also mentioned access as being a problem and uncertainty of future access arrangements with present owner of adjacent property as property is sold off, and Phelps cautioned Council on possible string of motels and gasoline stations cluttering up the entrance to the City. McCannon said the commercial wouldn't affect the view of the residents and moved to allow highway-commercial. Motion died for lack of a second. Phelps added that a PUD situation may make good use of the area in question. Laws moved to exclude area north of E. Main (see map) and include area west of E. Main (between East Main and Bear Creek); Ragland seconded. On roll call, Laws, Ragland and Phelps voted in favor. McCannon and Hamilton opposed and the motion carried. A letter was read recommending Jean Crawford to position of Parks Commissioner vacated by resignation of Kay Bernard. McCannon moved to nominate Crawford; Ragland seconded and on roll call motion passed unanimously. 3/7/78 Page 4 Re~gular Meeting Ashland City Council 3/7/78 Pg. 5 PARKS COMM. SWIM PROGRAMAT SOSC CITIZENS INVOLVEMENT FAUS FUNDS BUDGET MEETING NOTICE ORDINANCES, RESOLUTIONS & CONTRACTS ORDINANCE - PHOTOCOPYING CHARGES - POLICE RECORDS ELECTRIC SERVICES ORD. WATER & SEWER CONNECT FEES - ORDINANCE MAYOR'S PROCLAMATION Phelps moved to accept recreational/instructional swim program as submitted; Ragland seconded and on roll call, all YES. Connnissioner Pinnock said they are asking for $1,752 of which $50 is for administrative costs and if they register and have a maximum amount of swimmers in April and May they should be able to pay back about $1,I00. Ragland reminded Council that $600 yearly has been allowed in the past. A memo from Planner Box was read attaching an ordinance which pro- posed the formation of a 16-member committee to advise the Planning Commission on items requiring input according to State laws. Rag.~ land moved to put on agenda for first reading next meeting. Phelps seconded. Planner Box informed Council that he would have to ge~ back to the County Board of Commissioners with reaction and invited comment from Council. Ordinance to be read at next meet- ing of City Council. A letter was read from the State Highway Division relative to taking advantage of a three year borrowing plan for FAUS pro- jects and the City Administrator recommended such procedure be implemented for the Hersey Street project. Ragland so moved; seconded by Laws and passed unanimously on roll call vote. A memo from the Director of Finance was read requesting authoriz- ing publication of legal notice of Budget Committee set for March 23 at 7:30 P.M.' Laws moved to authorize publication; Rag- land seconded and the motion passed unanimously on voice vote. First reading by title only was given an ordinance changing the penalty for violation of certain ordinances from misdemeanors to infractions. McCannon moved to second reading; Ragland sec- onded and on roll call, all YES. A memorandum from City Attorney Salter was read and attached copy of an ordinance amending Ashland Municipal Code Section 2.48.010C which pertains to the charge for photocopying was considered; Costs of photocopying were discussed and Council agreed to bring the ordinance back next meeting. Second reading by title only of an ordinance adopting a revised schedule of rates for electric service was given and McCannon moved for adoption. On roll call Laws, Phelps, Hamilton and McCannon voted YES. Ragland opposed. Ragland requested deferral of second reading to allow adequate time for Jackson County Homebuilders Association to study the schedule before adoption. Ragland moved to postpone; Laws sec- onded and on roll call all YES with exception of McCannon who opposed the motion. A Mayor's Proclamation was read declaring "Rogue Valley Round- up Week" in Ashland. 3/7/78 Pg. 5 RegUlar Meeting Ashland City Council 3/7/78 Pg. 6 LIAISON REPORTS ADJOURNMENT Traffic Conmission Chairman Hamilton advised Council that the Traffic Safety Conmission will meet on March 15 at 7:30 P.M. to consider parking problems in downtown Ashland and invited all members to attend. Meeting adjourned at 11:00 P.M. City Recorder Roland McCannon Acting Mayor 3/7/78 Pg. 6 MAJOR LAND PARTITION #341 CP "~ERS ROBINSON Modification of Major Land Partition #341 to divide one lot into three parcels and to dedicate a public street and cul-de-sac serving as]_~egal access. Site is located at 335 High Street in an R-I:B-8, single lily residential zone (tax lot 7600, assessor's map 5DD). Mr. Chamber~ as present. Winterowd showed photo slides of the "bottle neck" alley and pointed out possibilities of a "hammer head" and a regular cul-de-sae, saying that residents of the area had had a meeting and showed a preference for a "hammer head" cul-de-sac. He said the applicant has included street trees and a sidewalk in his plans. Winterowd said the neighborhood resi- dents contacted by the Planning Dept. felt the proposal presented dealt with most of the problems concerning the request. Wenker felt a regular cul-de-sac would be much better for service and emergency vehicles because they could turn around. Winterowd said the Fire Chief indicated a prefer- ence for the round cul-de-sac. Croskell said she lived in that neighbor- hood and expressed concern for heavy traffic on High Street. Winterowd suggested conditions for approval. Mr. Chambers said he did not feel there was an excess amount of traffic on High Street. Winterowd commented that it was a narrow street. Mr. Chambers said neighborhood residents preferred the "hammer head" cul-de-sac because the circular type would create greater lot frontages and resulting higher taxes for such lots. John Harpster, 120 Wimer Street, read a letter from H. G. Brown who stated he would like to defer Judgment on the request until he was more fully informed on the matter. Jay Summerhays, 346 Scenic, said the property owners in the neighborhood had held an meeting and felt the proposal being submitted was the best of all possible alternatives. Ashland Planning Cor~nission, 2-8-78 Page 6 A1 Berman, 67 Scenic, wondered if the City really could close the alley from the proposed cul-de-sac to Scenic. Winterowd said the Council did not want a public street through there, and that Summerhays and Nason were against leaving this portion of the alley open because it was too close to their homes. Berman said he would be against the request with the existing conditions, he felt there would be traffic problems, and he did not want to give 5½ feet for widening the alley. Shapiro felt there were no obstacles at the alley entrance from High Street that would cause undue traffic problems. Billings said he was against closing the alley part way and Morris expressed the same feeling, saying that vacated alleys eventually caused problems. In answer to a question, Winterowd said if the proposed portion of the alley were closed one half of it would go to each Summerhays and Nason assuming they owned the properties from which the alley had originally been taken. Wenker felt "hammer head" cul-de-sacs were unsafe. Shapiro moved to APPROVE Major Land Partition #341 with a circular cul- de-sac and with the following conditions: 1) That the partitioner agree to sign in favor of future street improve- ments, including a sidewalk along the north property line facing the proposed sites. 2) That street trees of at least 8' in height be provided at 30' intervals subject to Planning and Public Works Departments approval 3) That 9' be dedicated along the north property line of parcel #3 and 15½' along the north property line of parcels #1 and #2 for street purposes. Second by Hansen. PASSED unanimously by roll call vote. The Commission suggested that Staff write a letter to tbe Traffic Commission regarding parking on High Street. STAFF REPORT February 8, 1978 APPLICATION: Major Land Partition #341, modified version APPLICANT: R. L. Chambers and B. Robinson LOCATION: 335 High Street LOT AREA: Approximately 37,968 square feet ZONING: R-I:B-8, Single-family residential COM~. PLAN: Urban Low Residential PROPOSAL: To divide one lot into three parcels and to dedicate a public street and cul-de-sac serving as legal access. BACKGROUND: On October 9, 1977, the Ashland Planning Commission approved Major Land Partition #341 allowing the creation of a public street, by widening the existing alleyway, to serve two lots behind an existing house and lot. This decision was appealed to the City Council, and on November 22 the Council voted to uphold the appeal, thus denying the Major Land Partition application. Enclosed please find the appeal letter which stressed problems associated with the proposed Scenic Drive intersection. The applicants are now proposing that a cul-de-sac be created, affh that the alleyway to t~e south of the cul-de-sac be vacated, in order to avoid these problems. Staff is presenting this proposal to. the Planning Commission as a modification of MLP #341, because it is felt that the cul-de-sac constitutes a change of sufficient magnitude to justify re-submission. STAFF COMMENTS: The alternative to providing a street for access to these seve~ potential lots is to allow a series of flag lots. The City Council has indicated its preference for flag lot development over approval of the original request. Neighboring residents have planned to meet in order to discuss this proposal prior to the Commission meeting. Page 18 CITY C' OF ASHLAND C! CITY HALL ASHLAND, OREGON r/520 telepho~qe (Code 503) 482-3211 February 9, 1978 Richard L. Chambers ~ Biil Robinson 925 North Main Street Ashland, OR 97520 Dear Dick and Bill: On February 8, 1978, the Ashland Planning Commission approved Major Land Partition #341 as modified to include a standard cul de sac, located at 325 High Street (tax lot 7600, assessor's map 5DD). The following conditions apply:- {i) That the partitioners agree to street improvements, including northern property lines facing sign in favor of future a sidewalk along the the proposed streets. (2] That street trees of at least 8 feet' in height be pro- vided at 30-foot intervals, subject to Planning Department and Public Works Department approval. That 9 feet be dedicated along tht northern property line of Parcel #3, and 15 1/2 alo~g the northern property line of Parcels #1 and 2, for street purposes. Please note that a final map prepared by a registered surveyor must be submitted within one year of the date of preliminary approval. Otherwise, Planning Commission approval would become invalid. Also, please note that there is a 10-day appeal period, during which any Ashland resident may appeal this decision to the City Council. If you have any questions or comments concerning this approval contact Gregory Winterowd at City of Ashland, Planning Department 482-3211, ext. 47. Sincere ' , :,~ .,~ry Winterowd PUBLIC HEARING NOT '~ NOTICE IS HEREBY GIVEN THAT ON TUESDAY, MARCH7, i978, AT 7;30 P.M. IN THE ENGLISH LECTURE HALL OF ASHLAND SENIOR HIGH SCHOOL, ASHLAND, OREGON, THE CITY COUNCIL WILL HOLD A PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING AN APPEAL OF A PLANNING COMMISSION DECISION REGARDING: Conditions of Approval At- ~ ~the division of one (1) lot ~ treet. Site is located at ~ B5 High Street (tax lot 7800, assessor's map SDD), i If you should have any questions or comments concerning the above request please contact Greg Winterowd at the City Planning Department, or call 482-3211, ext. 47. c;~y ~'-,11 no+ h2/Yd In 4 b y 7-h :% 6.~_ dodc~ .--V.~. L,-v,,v, ,Q ,'~