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HomeMy WebLinkAbout1974-0205 REG MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February S, 1974 ROLL CALL APPROVAL OF MINUTES COMMUNICATIONS, PETI- TIONS, REblONSTRANCES Gardner Request The regular meeting was called to order by Mayor Fries at 7:30 p.m., in the Council Chambers on the above date. Conklin, McCannon, Allen and Roble were present. Soder- berg arrived ten minutes late. Prickerr was absent. Roble moved that minutes of the adjourned meeting of January 29, 1974 be accepted and placed on file. Approved on voice vote. City Attorney Salter said he met with Roy Bashaw, Attorney for Murray Gardner, 1340 Ponderosa Drive who is protesting that Don Kiernan's home at 1025 Timberline Terrace is in violation of the Zoning Ordinance. Salter said this is a complicated problem, and that part of the problem was a result of incomplete detail of the building plans and suggested that Mr. Bashaw, who was in the audience with Mr. Gardner, might comment. Mr. Bashaw said they do not come in hostility toward the Council, Zoning Adjustment Committee, Planning Commission or any boards, but felt his client has a right to petition government for redress. He said Kiernan's garage was built within six and a half feet of the rear lot line, and because it was located with'in ten feet of the house, it should have been twenty feet from the lot line, He also saia ~h~t the hnus~ itself intrudes into the back- forty percent of the lot area which excegds the Zoning Ordinance limit by about fourteen percent. He said Mr. Gardner had discussed the plans informally with Mr. Kiernan before construction was begun and voiced his objections to the building plans at that time. Bashaw said that last April the Planning Commission had granted a variance to Kiernan to allow a 15-foot rear set-back, but the garage has only 6h feet. He said the Planning Commission minutes do not show that findings of fact were submitted in the proceedings. He suggested that findings of fact be submitted, or that the City Attorney be asked to enforce the ordinance, or that the Council allow everyone the same right to violate the ordinances (but was not accusing anyone of favoritism). Mayor Fries said the Council probably does not have all of the facts at the present time, and said he would like to see a chronological report. Salter said there were findings of fact in April, 1975 signed by Marge McDowell of the Planning Commission. He said the question is whether Council wants him or staff to tear the building down, and again pointed out that this is a very complicated question, and there may be .some ambiguities in the records. Conklin asked if the whole building would have to be torn down, or just the caves. Bashaw said the caves and the deck create the major problem. Conklin asked if Gardner's view was obstructed by the building, or if he was arguing a point of law, to which Bashaw replied that the Kiernan garage obstructs Gardner's view. On further question from Conklin, Bashaw said removal of caves and deck would not open up the yiew sufficiently. COMMUNICATIONS cent. Gardner Continued Roble said he did not feel this to be a question that should come to the Council at this time, and said it should have been directed to the Building Appeals Board or the Planning Commission. Bashaw replied that he was under the impression that the time had elapsed in which they were allowed to appeal to the Planning Commission or Appeals Board, but if there is another avenue for Gardner to pu!rsue, he surely will do so. On question from Allem, Almquist said ah auxiliary (access ory) building may be built up to 3 feet of a. rear lot lin~ but must be at least 10 feet from any other b'uilding. All( then commented on' the fact that the garage could have beer set back even farther if it were not for the mere fact of the eavcs and deck reducing the 10-foot space between the buildings, and said it was incredible to him that neighbo~ cannot get along better. Conklin moved that Council recommend the matter be sent tl Planning Commission to put through its proper procedures. Salter said the time for appeals is long past. Conklin withdrew the motion. Soderberg moved to refer the matter to the Building Appeals Board. On question from Conklin, Roble said the Appeals Board can affirm, amend or deny. After some discussion of the function of the Appeals Boar, the motion was defeated with Soderberg and Roble voting "YES" and Allen, McCannon and Con~lin "NO". Bashaw said he had not previously seen the findings of fact, to which Almquist replied that he would give him a copy. AlLen moved to ~eny the request. On question item Mcban- non, Salter said Gardner could sue Kiernan and the City jointly, and said he also wanted the Council to know that he had been Gardner's attorney in other matters, but refused to represent Gardner in this case because of his position as City Attorney. Conklin commented that within the time allowed, Gardner could have gone to the Planning Commission but chose not to. Allen said that the findings of fact indicate the Zoning Adjustment Committee had acted properly. On roll call vote on denial, Alle~, McCannon and Conklin voted YES; Soderberg and Robte NO. Motion passed. Mt. Fir Lumber Co. Log hauling request City Administrator Almquist outlined contents of letter from Mountain Fir Lumber Co., requesting permission to extend Walker Avenue at Peachy Road for log hauling and reconsideration of request for log hauling on Peachy Rd. from Walker Avenue to Hillview Drive and on Hillview Dr, to Highway 99. Public Works Director Alsing agreed that the 44,000 pound load was not necessarily hazardous to the streets but pointed up that it would depend on the number of trips made at that weight. Soderberg inquired as to why they did not plan to use Walker Street. City Administrator Almquist said that part of City's coneorb with the safety of school children and traffic on Walker Conklin sug~lested a public hearing be held on rbe matter to give the citizens ao ODnOrtunitV tO speak oil the i:;:;u, Mayor Fries said he was concerned ~ith the effect erosiol could have in possibly plugging up Hamilton Creek. The Mayor appointed Soderberg as Chairman with Allen and Con klin to serve on a committee and asked that a report he brought back for the February 19~ 1974 meeting and sug- gested that Staff participate at meeting and Robert Car- stensen be invited since Peachy is a county road. Regular Meeting Ashland City Council PjLqe 3 PUBLIC FORUM Fairgrounds Support ORDINANCES, RESOLUTIONS & CONTRACTS Nursery St. Imp. Annexation of Contig- uous area (Meister) Yalent Rural F{re P.D. Withdrawal (Meister Ordinance No. 1361 Amendment-Zoning (Meister) Electric Service Rates Resolution Special Election Mr. Bill Welch of 199 Mowetza Drive showed plans of pro- posed Connty fairgrounds to be located between I5 and Bear Creek Greenway near Central Point off-ram~, and asked Council for endorsement of plans. On question from Allen as to how project would be financed, Welch said that part of monies would come from parimutual racing funds. Conklin moved that Council write letter to County Commiss- ioners approving concept. On roll call, all YES. City Administrator Almquist gave second reading by title only of an ordinance authorizing and ordering the improve- mcnt of Nursery Street from North Main Street to Scenic Drive. Ccnklin moved that ordinance be adopted. On roll call, passed unanimously. City Administrator Almquist gave second reading of an ordinance annexing a contiguous area to the City of Ash- land, Oregon. Roble moved for adoption. On roll call, Roble, McCannon and Soderberg voted YES. Conklin voted against the motion and Allen abstained with permission of Council. Blotion carried. Second reading of an ordinance withdrawing certain recently annexed real property from Talent Rural Fire Protection District was read by City Administrator Almquist, Roble moved for adoption of the ordinan&e. Soderberg, Roble and McCannon voted YES; Conklin voted NO and Allen abstained City Administrator Almquist gave second reading of an ordinance amending Ordinance No. 1361, the Zoning Ordinance to fezone certain Droperty frbm its zone designation as it existed when said property was outside the city limits of Ashland to establish said property as being Zoned R-3:2.4 Residential; Multiple-family Dist'. Roble moved for adop~i~'~' Soderberg, Roble and McCannon voted YES, Conklin NO and Allen abstained. City Administrator Almquist;gave second reading by title only of an Ordinance amending Section 4 of Ordinance No. 1673, relative to rates for electric service. Conklin moved for adoption. Allen, Roble, McCannon and Conklin voted YES. Soderberg opposed the motion. City Administrator Almquist read Resolution calling for a Special Election to be held on February 19, 1974, and providing for the submission at said election to the legal voters of said City, a proposed act of Municipal Legisla- tion amending the Charter of said City to provide for the issuance of General Obligation Bonds not to exceed $7S0 000~ to finance the cost of the repair and restoration in accord~ with current construction standards of the City's water, sewer, electrical and storm sewer systems; City streets and bridges and watersi~ed roads and bridges; Lithia Park; the repair of riprap at the Ashland Airport; and tk,, ]nnc, us accumulations of silt ill the City's x~ater resvr- voir; :ted to further provide that all state or fedcraI funds received to assist Ashland in repair of flood dama!:e shall be used for that purpose or to pay principal and adoption. McCannon asked if any arrangements we are working on the bid procedure on a contract for Regular ~leeting Ashland City Couacil Page 4 Election Resolution Continued Resolution - Local Agent in Assistance Funds ADJOURNMENT dredging and will investigate purchase at the same time. The differential between the dredging contract and the purchase price will not be eligible for assistance. Con- klin asked for assurance from the City Attorney that futur, Councils could not divert the funds from this bond sale for any other purpose, and Salter assured him that the fun, could only be diverted by a vote of the people. Salter also pointed out that he had made a chan~e in the Resolu- tion to show restoration would be done in "accord with current construction standards" and that Almquist, Alsing, Nelson and Fallon were assured by the federal' agent at Grants Pass that such upgrading would have no adverse afft, ct on financial assistance. Resolution adopted by a unanimous affirmative vote on roll call. Almquist reported that he, Finance Director Nelson, P. W. Director Alsing and Water Supt. Fallbn had attended a meeting in Josephine County to learn about assistance app- lication procedures, and Almquist asked if Ashland's bond issue will jeopardize our chances of getting Federal Assis~ ance. He was told that it would not - that our interim or additional financing is not the concern of the agencies offering assistance. Almquist also reported that Parks and Recreation items will most likely not be eligible for assistance, but a bridge to the Park Shop, the street through the park, and the security lighting will probably be eligible. City Administrator Almquist read the resolution authoriz- ing himself or Director of Public Works Alsing to represenl the City in obtaining assistance under the Disaster Relief The meeting was adjourned at 9:05 p.m.