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HomeMy WebLinkAbout1978-1017 REG MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL October 17, 1978 ROLL CALL APPROVAL OF MINUTES PUBLIC HEARINGS Ashland Hills Annex. #3 Appeal ZV#257 Having led the Pledge of Allegiance, _Mayor Prickett called the meeting to order at 7:30 p.m. in the English Lecture Hall on the above date. All members were present. Hamilton moved to approve minutes of the regular meeting of October 3, 1978 and Laws seconded the motion. On voice vote, passed unanimously. Before the public hearing was opened City Attorney Salt~r explained that the legal description for a small area of subject property (Neely & Johnson) was not included in the exhibit for consideration and that if Council agreed the matter could be acted on or staff could_be dir- ected to bring back the ordinance and findings at the next meeting. Mayor Prickett opened the public hearing and no comment was made in opposition to the withdrawal of described property from the Jackson County Fire Dist. No. 5 and the question of annexation to City. Richard Cottle, attorney, spoke in favor of the proposal and respect- fully requested that Council consider adopting all testimony that is on record from previous meetings which contains descriptions of all three lots. Ragland moved to direct City Administrator to bring back appropriate ordinance and Laws seconded the motion which passed unan- imously on roll call vote. Laws then moved to adopt findings of fact; Ragland seconded and on roll call, all YES. Acting on behalf of City Administrator Almquist, Bob Nelson, Finance Director read a letter fromMr. & Mrs. Keith Garrett requesting appeal of Planning Commission decision to deny variance for a garden shed located at 479 Courtney. Nelson requested that staff report and minutes of meeting of September 13, findings of fact and legal notice be made part of the record and asked Planner Winterowd to review the ac'tion of the Planning Commission. Winterowd showed a slide of the property show- ing the location of the shed and noted that the Planning Commission dec- ision was made on the first two criteria (1) that there were no extra- ordinary circumstances etc., and (2) that the variance is necessary to petitioner's property rights. Winterowd noted that the fact that the variance was requested "after the fact" was not considered in the Com- mission's action to deny. Mayor opened the public hearing. There was no opposition present and Keith Garrett, Appellant, distributed pictures of the shed to Council and two letters indicating no objection from neighbors on both sides. Garrett explained the lot is terraced and steep, and said the area was previously being used for storage and that three sides of the building were existing fences and this now makes it more attractive and protects lawn furniture and garden equipment which would be next to impossible to move had the shed been placed in the rear of the house where space is available but where there exists a 45° slope. Garrett said that gutters will be installed so that no water drains on neighbor's property but goes into a drain on his property. Mayor closed the public hearing. 10/17/78 Pg.1 Regular Meeting Ashland City Council 10/17/78 Pg.~ ZV357 Appeal cont. MINUTES OF BOARDS ETC. THORNTON WAY IMPROVEMENTS SUNERGI DANCE PERMIT ROTARACT CLUB LIQUOR LICENSE - PONY EXP. HIGH STREET PAVEMENT CUT PUBLIC FORUM Laws cited the hillside problem as an exceptional circumstance. Win- terowd said if that were the case there would be a shed on every hill- side. McCannon said that the Planning Commission had denied the var- iance by a 6-1 vote and moved to sustain denial and adopt findings of Planning Comnission. Phelps seconded. Laws said testimony shows shed to be no hindrance & enhances livability for the Garretts. Laws added that it may not conform in the strictest sense to the ordinance hut that common sense could be considered and the f~ndings would show the hard- ship, exceptional circ~nstances and the third criteria applicable to show that there would be no adverse impact on neighboring property be considered along with the two criteria considered by Planning Commission. On motion to sustain the denial by Planning Commission Hamilton, Phelps, McCannon, Drescher and Ragland voted YES. Laws opposed. McCannon moved that minutes of Boards, Commissions & Committees be accepted and placed on file; Drescher seconded and on roll call all YES. Resolution later on agenda. McCannon moved for approval of dance permit request for SUNERGI; Hamilton seconded and on roll call, all YES. Jan Sours spoke on behalf of Rotaract's request to have benefit for UNICEF through collection on October 31 (Halloween) and Phelps moved to approve; Drescher seconded and on roll call, all YES. Mayor Prickett expressed concern that OLCC would approve a license req- uest when the nature of the business has completely changed without first getting the approval of the City where the business is located. Drescher moved to table to next meeting and asked that Acting Chief Lively report back on impact of change in business; Phelps seconded and on roll call, passed with Drescher, Ragland, Hamilton, McCannon and Phelps voting YES. Laws opposed. Mayor tabled request until dates of paving and moratorium could be confirmed as submitted in memorandum from Engineering. Mayor Prickett expressed reservations about approving subdivisions, annexations and other developments which in many cases remain in the undeveloped state for long periods of time and which may leave dirt roads scattered between developments as a result of this'%eap-fro~' development. Prickett suggested a time limit of perhaps two years with extensions availahle should improvements be installed and near completion stage~ The Mayor recommended that should no sign of imp- rovement take place in the limited time the City should arrange to develop streets and utilities etc., and then charge the subdivider. City Attorney Salter was directed to research legalities of Bancroft- ing etc., of such properties for submission at the next meeting. Prickett also brought up the problem of approving one type of develop- ment for purposes of annexation and then having applicant change plans because of financing or other reasons and suggested finding ways of bringing those proposals to pass other than the contract method which has proved less than ideal. 10/17/78 Pg. 2 Regular Meeting Ashland City Council 10/17/78 · TONEY MOTEL ACCOPM. COUNCIL MEETING PLACE ZONE CHANGE NO. 57 YOUTH COUNCIL Draft ordinance for formation LONG RANGE FISCAL PRO- JECTION/STATE REV. SHAR. CONSERVATION COMMITTEE ACTING POLICE CHIEF ORINANCES, RESOL. ETC. ELECTRIC SERVICE CHGS City Attorney Salter reported settlement with Toney lawsuit at a fine of $646 on transient housing litigation. Council considered returning regular Council meetings to City Hall Council Chambers to avoid the purchase of chairs for Council Chambers and to save the fee for rental of English Lecture Hall. Councilman Phelps reminded members that State law requires access to public meet- ings for handicapped persons. Council agreed to physically assist any person unable to reach the upstairs Council dham~ers. Laws moved we return meetings to Council Chambers except when staff anticipates a large crowd; Ragland seeonded. On roll call Laws, McCannon, Ragland and Hamilton voted YES. Phelps and Drescher voted in opposition. Motion carried. Mayor set public hearing for November 7, 1978 at 7:30 P.M. Councilman Drescher reviewed the formation of the Youth Council/Commiss- ion and noted draft ordinance in agenda. Becky Clemons, chairman of the Council spoke on behalf of the group outlining their interest in city government and telling of plans to review agenda matters and to report interest to Council. Ragland expressed concern that the Council would take in such a wide range of youth and maturity levels and said since any person can be a member of the Council who is over 18 years of age that it would create a duplicate effort since the 18-21 group can vote. Council agreed that Youth Council should reconsider age limit and suggested 18 years as maximum. Ragland added he would like to see the group limited from 14 to 18 yrs. of age. Clemens said the skate- board issue recently considered would have been an example of what she considers appropriate business as liaison to Council. Diane Meyer, Ashland librarian spoke in support of the plan and said that representa- tion would include high school drop outs, conservation corps members etc. Council discussed the matter further and asked Clemens to have group reconsider age levels as suggested and return with report. Clemens announced the next meeting would be November 6th and asked that a Council member be present. Mayor and Council agreed. McCannon moved to accept projection; Laws seconded. All YES on roll call vote. Ragland requested that a conservation committee be activated to study energy alternatives and noted the Budget Conmittee had made such a recommendation at its meeting of September 12, 1978. Mayor requested that background and resolution be brought back for next meeting. McCannon moved to confirm position and salary of Sgt. Vic Lively ($1720) as Acting Police Chief. Laws seconded and on voice vote, all YES. Phelps expressed concern regarding selection process and the Mayor said there would be a meeting of full Council before recruitment begins and that there would be more input by Council members to the selection committee and selection shouldn't be made by a hasty decision while the department is in the capable hands of Sgt. Lively. Finance Director (acting City Administrator) gave second reading by title only of an ordinance amending the Ashland Municipal Code relative to electric service charges for Ashland Hillsj McCannon moved for adoption, Laws seconded and motion passed unanimously on roll call. 10/17/78 Pg. 3 Regular Meeting Ashland City Council 10/17/78 Pg. LEASEHOLD AGREEMENT RESOLUTION CEMETERY SERV. THORNTON WAY IMPROVEMENT DEPARTMENTAL REPORTS LIAISON REPORTS Phelps moved to authorize signature of Mayor and Recorder on Leasehold Agreement between McGrew Bros. & Safeco Credit Company for security in the event that McGrew Bros. should default on obligation. Ragland seconded and on roll call, all votes cast in favor. Nelson read resolution setting cemetery services prices and Drescher moved to adopt; seconded by Ragland and passed unanimously on roll call. Resolution was read for improvement of curbs, gutters and paving on Thornton Way from Wrights Creek Drive to Tucker Street setting public hearing for November 7, 1978 at 7:30 P.M. in the Council Chambers and McCannon moved for adoption; Ragland seconded and on roll call motion passed without opposition. Mayor expressed concern for bids coming in too high and asked Nelson to check on whether City has done the work itself in such cases. Laws moved to accept departmental reports for the month of September; Hamilton seconded and on voice vote passed without opposition. None. SILENT PRAYER Mayor Prickett declared a moment of silent prayer in memory of the late Police Chief Hays. ADJOURNMENT The meeting adjourned at 9:20. Nan E~ranklin City Recorder Mayor