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HomeMy WebLinkAbout1975-1021 REG MINROLL CALL APPROVAL OF MINUTES PUBLIC HEARING - Mann Sub. MINUTES FOR THE REGULAR M~ETING ,ASHLAND CITY COUNCIL October 21, 1975 The Pledge o'f Allegiance was led by Mayor Prickett who called the meet- ing to order at 7:30 p.m., on the above date in the Council Chambers. Mien, McCannon, Itoffarth, Ragland, McDowetl and Lm~s were present. Councilman Laws asked for a correction in the minutes of the regular meeting of October 7, 1975 on page four, pp one, second sentence, by placing a comma between the words "memo" and "stating", to clarify the meaning. McDowell moved to approve minutes as amended; second by Laws and on voice vote, all YES, Mayor Prickett announced an appeal from residents in the area of Walzut Luna Vista and Maple Way relative to the Planning Commission's approval of the Mann Subdivision Unit No. 2, and asked Staff to give backgrcuz~. Planning Technician Dale Himes displayed Original Plat Proposal date~ July 29, 1975, (Exhibit "A") which had been presented to the Plannin~ Commission on August 11, 1975, for preliminary approval of the sub- division along with a request for a zone variance to ellow duplexes to be constructed on three proposed substandard lots. This original plat proposed ten lots, but in the course of public hearings before the Planning Commission, an alternate plan consisting of nine lar~ar lots was approved, and therefore the variance for construction on substandard lots was not required. The alternate plan (Exhibit "B") provided for construction of eight duplexes and one triplex (Lot ~), and provided for a private road over the easterly 24 feet of Lots I, 2 and 3 to connect with the South end of Maple Way. IRis alternate was approved by the Planning Commission subject to acquisition of public utility easements, additional street dedication to widen Luna Vista and Walnut Streets, and a fence to be constructed along the easterly edge of the private road. Himes reported a survey of the property indicated Lot 9 would not have adequate space for a tripl~, so a new plat (Exhibit "C") was prepared for nine lots, all of adecuzz~ size for construction of duplexes. Himes then showed photo slides cf the area (Exhibit "D"). City Administrator Almquist called attention to the copies of the appeal and the minutes of three Planning Commission meetings which h21 been furnish to Council and a memo from the Planning staff - all to be made a part of the record. Roy Bashaw, a Medford attorney represent- ing about 30 residents in the area of the Mann Subdivision, reported that the Planning Commisaion had approved the tentative plat of Mann Sub. Unit No. 2 by a vote of six to three, and displayed the original preliminary plat (Exhibit "E") which had been submitted to the Plan= ning Commission. He then displayed plats of Luna Vista Heights Sub. prepared in 1966 (Exhibit "F" & "G"), which provided for four lots fronting on both Walnut Street and Maple Way (extended), and reporte~ the area was rezoned to R-2 in April, 1966, to allow construction cf four duplexes. He reported the neighborhood is opposed to deveio~;ment of a greater density than the 1966 proposal, and also protested t~e extension of a dead-end street or a private road. Bashaw went on R_~ular_?leeting Ashland City Council 10/21/75 P_~a.ze to say that a private way is not a street and not subject to improve- ment standards, and in this case, with the private drive crossing three parcels of land, there is no assurance of maintenance. He quoted Ashland Municipal Code 17.12.020 'on creation of private ways, and argued that because the lots all had street frontage, a private way should not be permitted. Billy G. Hicks, a geologist residing at 190 Vista Street, said that in six years as a resident of Ashland he has become aware of the problems of soils in Ashland and feels our municipal codes should have concern for soil conditions and erosion, and said erosion of the granitic soil in the area leads to problems in maintaining stree~ and sewers. Joe Sargenti, 570 Maple Way, then asked Boyd Lawrence of 360 Maple Way to show photo slides of the area (Exhibit "H"). Mr. Lawrence explained the slides as he showed them, commenting on the steepness of the land, erosion in the streets, and the narrowness of Walnut St. Joe Sargenti then said the residents are not ~gainst development, but want to see the area developed in such a way as to not jeopardize surrounding properties. Leon Turtle,. 487 Walnut, asked that a letter from Naida Fisher and Mr. & Mrs. Larry Rosenberg, residents of Walnut Street opposed to the subdivision, be entered in the record (Exhibit "I"). Katherine Carey, 527 Walnut Street, asked if the new Comprehensive 'Pla~ would show the area in questiou to be zoned "Suburban", a lower- density area, Planner Karl Mawson Said the Comprehensive Plan Com- mittee felt it is premature to assign a zoning designation to the area at this time in light of current developments. Boyd Lawrence commented that at the present time every house on Maple Way is on a lot with 90 to 100 foot frontage, but the proposed sub- division would have 60 foot lots. Bashaw then asked that the ~osion report ("Exhibit "J") , copy of Ordinance No. 1446 which rezoned property in 1966 (Exhibit "K"), en assessor's plat map (Exhibit "L") , and notice of Council Hearing on October 21, 1975, (Exhibit "M") be entered in the recorH, Sidney Ainsworth, attorney for seller of property, said he purchased the house at 467 Chestnut Street in 1953, and later sold it to the lady who is now attempting to sell some of the land to Neil Mann. Ainsworth said Mr. tticks' report would have us believe that all of Ashland will slide into Bear Creek, and said we have safeguards in our ordinance &t the present time relative to the staepness of slopes and retaining walls being required under certa~ conditions. 10/2]./75 Page 2 Regular Meeting ~hland City Council Page~.hree Ainsworth said the area is currently zoned R-2, the Planning Commiss- ion has approved the plan with no variances, and the plan meets all the requirements of present ordinances. He said much has been said of the private way, but the developer could have developed the same access by use of easements over the affected lots and would not even have to show the proposal for a private way because each lot has street frontage. He answered each of the grounds for appeal enumer- ated by the appellants, and stressed that if existing streets are not adequate, the owners of property abutting the streets should petition the Council to improve the streets. In response to questions from the Mayor and Council members as to need for access to rear of lots, Mann said Lots 1 and 2 will be diffi- cult to design with vehicle traffic from Walnut Street, but he will not attempt individual house design until he ha a topography map of the subdivision. Ainsworth said'our building ordinances have provisions for access and off-street parking which the builder must meet. Mayor Prickett questioned the change from Luna Vista Heights to Mann Subdivision, towhich Himes stated that the Luna Vista Heights plat had never been recorded. Bashaw acknowledged this to be true. McCannon commented that the proposed 24' private way was too narrow to turn a car around, to which Mann replied that there is space for ten foot parking strip along the drive. Mann stated that he had been through three meetings of the Planning Commission and heard nothing but snarling from the opponents, and charged .that they don't want development. He said the City must decide if St wants development or if it wants control. by gangs. Bashaw said this is not an appeal from zening, but from a subdivision plan creating a private way, and it should be a public way carried through to connect with another street. Ainsworth commented that it appears the neighbors want to design the subdivision. The Mayor closed the public hearing. MeDowell noted that the sub- division will create more traffic on Maple Way. ~nn said he talked to A/sing, Himes and Mawson, who all felt the private way was the most desirable design. A/sing said he is not in favor of public streets so close together that lots would have street frontages at both ends. On question from Laws, City Attorney Salter quoted from Ashland Code 17.32.040(c) "the City Council may overrule or modify the decision or requirement made by the Planning Commission if the. decision of the Council complies with the spirit and intent of the title." On question from Mayor, Salter said he does not agree with Ainsworth that a private way can be created by easements only, because the law says an easement must be approved and there must be access to the property. The interpretation of the Ashiand Code 17,12.020 which 10/21/75 Page 3 Re~l__a~-°I'~_ting Ashland City Council Pag~--~ur PUBLIC HEARING Sherwood St. Improvement Approval of Minutes of Boards, Commissions etc. provides.for=creation of private ways was discussed, with differing opinions on the interpretation. Ainsworth said they would be satis- fied with the subdivision plat without-the private way, and will take care of access through easements, to which Bashaw said they will take it that way. On question from Allen, Himes said Mann will need to sign an agree- ment in favor of improving Walnut an~ Luna Vista Streets. Tuttle said Walnut Street is only 20 feet w~de and if widened, lots will be even less accessible from the street. On question from Sargenti, Alsing said at one time a Mr. Sells had proposed extending Maple Way through the lands and asked the City to give up the sides of the cul-de-sac, which it did, but the street was never extended. Hoffarth asked if Planning Commission discussed the extension of Maple Way, to which Himes replied that it had been mentioned, but most of the discussion centered on the private way. Allen moved the appeal be denied contingent on Mr. Mann dropping the private way from the plan. Laws seconded the motion. Allen co~ented that he would like to see access to lots from Wa!~c~t Street. McCannon said he would not like to see ~nn precluded from ever put- ting in the private way. Salter said he felt it would be illegal for Mann to create private way with easements on first sale of'lots, but subsequent owners could give easements over their land. After more discussion of effect of extending public road, McCannon moved to amend the motion by deleting the denial of the private way. McDowett seconded. Laws said he felt the creation of a private way is illegal under our ordinance, to which the Mayor disagreed, The motion to amend was defeated with Hoffarth and McCannon voting YES; Allen, Ragland, Laws and McDowell voting NO. Atlen's original motion to deny appeal contingent on dropping private way from plan was then · passed with Allen, McCannon and Laws voting YES, Hoffarth, Ragland and McDowell voting NO, and Mayor Prickett voting YES to break the tie. The public hearing was opened on lmprovement of Sherwood ~tre~t from Hwy 66 to Fremont Street. City Administrator Almquist noted that all owaers are City. There was no comment from the audience and Mayor Prickett closed the public hearing saying the ordinance would appear later on the agenda. Ragland moved that minutes of Boards, Commissions & Committees be accepted as submitted; Laws seconded and on voice vote~ all YES. 10/21/75 Page 4 /i_ciguJa~' Meeting Ashland City Council Pag_e iiv~ Godard Defense Ford Fire Truck Retirement A letter from Day & Brian, Attorneys at Law, was read requesting pay- ment of attorney's fees relative to defense of Roger Godard in the amount of $900 and submitted by Bob Boyer who acted on his behalf. Officer Godard was present with Attorney Michael Brian and explained the circumstances under which he sought'~egal representation followin~ the fatal accident in which he was involved and that counsel was secured on the recommendation of City's insurance carrier representa- tive Jerry Bunch with the authorization of Chief Hays and Sgt. Edward Gibson. On question from McDowell as to whether he could handle a case for a City employee involved in a cla]~ resulting from action while on duty, City Attorney said that it would be an extra charge but that he could represent someone with authorization of Council. Mayor Prickett pointed out the need in the future of an employee to go through the City Administrator or City Attorney before any con~it- ment for professional services is made. Attorney Brian on question from Mayor said that he felt the fee was not out of line since Boyer had spent some twenty hours on the Grand Jury case at $45.00 per hour and added that the Officer was cleared of charges in the process, Allen moved that the City pay the $900 out of the Operating Contin- gency fund; second by Ragland who added that in his opinion Godard had acted properly in securing counsel with authority of his superiota and motion passed unanimously on roll call. McCannon suggested that an ordinance be considered to set down policy to cover such cases to which McDowell agreed. Mayor requested matter of policy on pro- cedure be placed on the next agenda. A letter and petition signed by thirty people as residents of Lincoln was read by City Administrator Almquist requesting that. the City consider donation of the 1946 Ford Fire truck for fire protecticr of the Lincoln area. On McCannon's question, ALmquist said the truck should bring about $1,200 if sold. McCannon felt the City should sell the truck because of City's financial straits. Ragland said he had attended the Parks & Recreation meeting at which time the City's offer of the truck for playground use was considered and that the conversion costs were too high for the department to afford, but recommended that any monies derived from the sale be donated to Par~ & Recreation for purchase of playground equipment suitable for its needs and so moved. Laws seconded. Hoffarth and Allen agreed that consideration be given to making the pumper available to the communi~ of Lincoln for the saving of lives and that residents be trained to its use by the Fire Department. McDowell said that bids should be called for and should no interest be shown, we could donate tt~ equiF- ment to Lincoln or have them pay a token amount to show willingness. Hoffarth moved that the fire truck be offered to Lincoln for $1,000 but withdrew his motion after discussion. Ragland said that the offe= of the fire truck to the Parks Department had strings to it by cost of conversion of $750 which precluded them from accepting the gift. Allen questioned the costs to make the truck playground safe. McCan- non moved to amend the motion by putting proceeds of sale in the General Fund; second by McDowelt. On roll call vote, Ragland voted No; Allen, Hoffarth, McCannon~ Laws and McD~ell yoted for the amend- ment. During discussion of motion as amended, Ragland agreed to ame~ the motion to the effect of selling truck on bid with right to reject any or all bids and funds to go to General Fund. Passed unanimously on roll call vote, 10/21/75 Page 5 Regular Meeting Ashland City Council Page six PUBLIC FORUM Watershed Study Water Street Property Adoption of Findings License - Agate Lines Walker Street Cut Community Development Block Grants Armory Committee Appts. Planning Coordinator Ragland reported that Water Quality Planning Coordinator Gibbs had circulated a rough draft on the Ashland Watershed Study and that the gist of it is the need for cooperation between the Forest Service and the City relative to responsibilities in'~are of watershed. City Admin istrator Almquist recommended a study session. Mayor Prickerr set the study session for October 28, 1975 at 7:30 p.m. McDowell asked Staff if Liningers had vacated the City-owned property on Water Street and questioned City's plan for use. The City Adminis- trator said that he had not checked occupancy recently but would later th~sweek. Director of Public WorPs Alsing said that things were being moved out but the firm is still there. Mayor suggested matter be an agenda item for next meeting. A memorandum from City Attorney Salter relative to voting on the adoption of findings was read by City Administrator Almquist. The research by the City Attorney revealed provisions in voting as adopted in the Charter which would negate his recommendation on the snbject at the October meeting. No action necessary. Bus Service License presented on behalf of Dennis E. Perkins and Robert Weems of Agate Line granting them the right to run a bus service for a period of one year was considered and McCannon moved to authorize City Recorder Butler to sign the license as submitted; Allen seconded and on roll call, all YES. Memorandum from Allen Alsing, Director of Public Works was read by the City Administrator relative to the cutting of Walker Street nece~sitat~ by malfunction of sanitary facilities. There was no action required but a report was necessary according to ordinance on street cutting. City Administrator Almquist presented the preapplication for federal assistance to be submitted to the U. S. Department of Housing and Urban Development for proposed sewer, fire protection and street imp- rovements to rehabilitate the low income area of Hersey Street area and asked Council to authorize him to submit the application for 100% federal funding. Laws so moved, seconded by McDowell. Hoffarth asked permission to abstain which was granted and on roll call, motion passed unanimously with Hoffarth abstaining. Mayor Prickett appointed Dr. Christian Hatd, Dick Calkins, Counci!wo~an McDowell, City Administrator Almquist, Don Lewis and himself toArmory Committee. McCannon moved to accept appointments; second by Hoffarth and on roll call, passed without opposition. Karl Mawson, City Planner, was appointed to represent the City as Plan- ning Coordinator with County and for City Administrator to act as al~e~ nate as requested by Commissioner Sickels ~n her letter of Oct. 10,197~~ read by Almquist. McCannon moved for acceptance; McDoweil seconded an~ on roll call, passed unanimously. 10/2]./75 Page 6 Re~_~-' ~eeting Ashland City Council Page n ORDINANCES, RESOLUTIONS & CON" T~g~r User Charges Ord. Second reading by title only was given kn ordinance amending Ordin- ance No. 1820 and Section lr.08.035 of the Ashland Municipal Code relating to sewer user charges. McDowell moved for adoption; second by McCannon and passed unanimously on roll call vote. Three-phase electric in subdivisions - Ordinance City Administrator Almquist gave second reading by title only of an ordinance amending Ordinance No. 1318 and Section 17.28.020 of the Ashland Municipal Code relating to installation of three-phase elec- tric in subdivisions. McCannon moved for adoption. Laws seconded and on roll call Laws, McDowell, Ragland and McCannon voted YES; Allen and Hoffarth opposed the motion. Motion carried. Sherwood Street Improvement First reading of an ordinance authorizing and ordering tbe improve- ment of Sherwood Street between Highway 66 and Fremont Street was given by City Administrator Almquist. McCannon moved to second read- ing; Allen seconded and asked the City Administrator how the project would be financed by the City. Almquist said that monies from the General and Cemetery Trust Fund would be used and payment would be about $500 per year for a period of ten years. On roll call, all YES. Resolution on transfer of funds - Police Dept. A memorandum recommending a transfer of $1,~00 within funds of Police Department budget was read by Almquist followed by the first xeading of the Resolution transferring above amount from Police Personnel Services to Police Capital Outlay. Laws moved to adopt; second. by McDowell and passed unanimously on roll call vote. Resolution transferring funds - Personnel Services First reading of a Resolution transferring appropriations within funds - from Operating Contingencies to Personnel Services to cover 75/76 wages was read by City Administrator Almquist. Laws moved for adoption; Ragland seconded and on roll call, all YES. Business & Professional Womens' Week Mayor Prickerr proclaimed the week of October 19 through October 25th as National Federation of Business and Professional Women's Clubs, Inc., week. J~ ~ ~ ~ ~e odeph/M. Butler Gary L. P tt ql~corder Mayor 10/21/75 Page 7