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HomeMy WebLinkAbout1972-0718 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL July 18, 1972 I. ROLL CALL: The regular meeting of the Ashland City Council was called to order at ?:30 p.m. in the Council Chambers, Ashland City Hall, on the above date by Mayor Charles McKeen. Councilman Roble was absent; Councilman Roberrs arrived later in the meeting, II. APPROVAL OF MINLrFES: There being no corrections or additions, Conklin moved that fi~e minutes of the adjourned meeting of July 11, 1972 be accepted and placed on file; Willstatter seconded; on voice vote, passed unanimously. III. DEPARTMENTAL REPORTS: IV. V. McCannon moved that the departmental reports for the month of June, 1972, be accepted and placed on file; Willstatter seconded; on voice vote, passed unanimously. STANDING COIv~fI'iTEE REPORTS: None CO~vR~ICATIONS: Oral from the Audience Concerning Business Not on the Agenda ]here was no new business presented from the audience. Mayor McKeen then presented and referred the matter of utility deposit refunds to the staff for a report on the feasibility of making sud~ refunds after a one instead of two~year basis. VI. COMMUNICATIONS: Written City Administrator Almquist suggested the report from the Planning Commission concerning the adoption of a site plan review ordinance be sent back to the Planning Comission for revision in accordance with the new Commission organiza- tion and responsibilities. Conklin so moved; McCarmon seconded; on voice vote, passed unanimously. VII. UNFINISHED BUSINESS: City Administrator Almquist read a letter from Stanford Dew appealing the conditions imposed by the Planning Commission in approving a Planned Unit Develop~ ment at Grandview and Scenic Drives (Fowler-Wiley development). He also noted a lengthy memorandum from the Planning Commission, stating that findings of fact had been incorporated in Commission minutes on the subject. A letter commenting on the development by Dr. MacCracken was also included. A formSpublic hearing on the appeal was not required by ordinance. City Attorney Salter stated he had reviewed Dr. MacCrackenrs letter and minutes of the Planning Commission, and felt facts had not been found in accord with the provisions of the Zoning Ordinance sufficient for the Planning Commission to authorize a building permit to be issued. For example, the ordinance requires some finding on the financial ability of the developer, which was not mentioned by the Planning Commission. Salter also felt there was lack of sufficiency in findings of fact to support other requirements, and a building permit could not really be authorized. After some discussion, Conklin moved to refer the matter back to the Planning Commission to make written findings of fact in accord with the provisions of the Zoning Ordinance; Willstatter seconded. ~ ~ar Meeting ASHLAND CITY COUNCIL July 18, ] VII. UNFINISHED BUSINESS: (continued) In reply to a question from Soderberg, City Attorney Salter stated the Zoning Ordinance requires the Planning Comission to act on an application within 60 days. He pointed out a case involving the City of Lake Oswego, wherein a court found that the City did not comply with their own ordinance to the letter of the law in granting a building permit (in compliance with a land use plan or character of the neighborhood) and invalidated a zone change. The court may require the City to either remove the 240 units built or pay damages. Salter then again brought to the Council's attention the Sibarco case, in which an Appellate court found the actions had to be supported solely on the basis of written findings made in accord with the Zoning Ordinance of the City of Ashland. Soderberg questioned what kind of docLmentation must be provided, and asked how it was determined whether or not a development would be in harmony with a neigh- borhood (especially a new building among old ones). Salter stated that the scope of liability involved and the vagueness of the ordinance made it very difficult to find facts sufficiently detailed to preclude the possibility of liability. On roll call, motion to refer to the Planning Connnission passed unanimously. At this VIII. NEW 1. time, the Mayor proceeded to the scheduled public hearings. & MISCELLANEOUS BUSINESS: Public Hearings.: 8:00 p.m. - The Mayor opened a public hearing to consider the vacation of an unopened street located southerly of Siskiyou Boulevard between Clay Street and Bellview Avenue. City Administrator Almquist gave the background information, noting a public hearing had been held regarding the first 215 feet of the unopened street, and an ordinance closing same had been passed by the Council. George Robertson questioned the reasons for an emergency clause on the proposed ordinance for the street vacation; the Mayor explained this would put the ordin- ance into effect inmediately upon passage, and thus expedite related business also. Dean Fisher of 1022 Clay Street, in favor of the closure, felt the rest of the unopened street would be of little use to the City anyway. He questioned disposi- tion of the property, since it had been deeded "to the public". City Attorney Salter explained that, when so deeded, the "owner" is the governmental agency with jurisdiction over the area (such as the City for street purposes), although it was more a custodian than owner of the property. There being no further comments, the Mayor closed the Public Hearing. Salter pointed out to the Council that not 100% of the abutting land owners had signed the petition to vacate, and as such there was a remote possibility the City -2- P' ,lar Meeting ASHLAND CITY COUNCIL July 18, ] VIII. NEW & MISCELLANEOUS BUSINESS: (continued) could be sued for "damages", whid~would be negligible. First reading of the ordinance so vacating the street was delayed until later in the agenda. There being additional time remaining before the next scheduled public hearing, the Mayor returned to an uncompleted item on the agenda. VII. UNFINISHED BUSINESS (continued): VIII. An appeal was presented by Jack Erwin (applicant) relative to a Planning Commission denial of Conditional Use Permit No. 105, proposing the construction of 90 apartment units in a C-1 (Retail-Corm~ercial) zone at 648 Telman Creek Road. McCannon felt the same procedure should be followed in returning the application to the Planning Cormnission to make specific findings for their decision, and he so moved; Willstatter seconded. Soderberg questioned why it was necessary to make findings to deny an applica- tion requesting changes in a present situation, if it would leave it the same. Salter pointed out the report from the Planning Co~nission did not base its decision for denial on any provisions in the ordinance, whid~ requires that the Planning Commission act within certain limits; if all conditions are met within the ordinance, the Commission has to make negative findings of facts in order to not grant the permit; otherwise, the applicant could ask the Court to fulfill their supposed right to the permit. Willstatter felt the Planning Commission was an advisory body, as he interpreted the O.R.~and felt the final responsibility rested with the Council anyway. Both he and McCannon expressed their wishes that the "red tape" could be eliminated and applications considered as they came up. The Mayor suggested the Council consider a revision of the ordinance. On roll call, passed unanimously to refer to the Planning Commission. NEW & MISCELLANEOUS BUSINESS: 1. Public Hearings (continued): 8:15 p.m. - to consider the vacation of an unopened alley located beBveen Woodland Drive and Elms Street, east of Leonard Street. City Administrator Almquist presented background information, noting that 100% of abutting property owners and in excess of two-thirds of the total abutting area land o~ners had signed the petition in favor of the vacation. After no comments from the audience, the Mayor closed the public hearing. Almquist gave first reading of the Ordinance vacating the alley. McCannon moved that it be passed to a second reading; Conklin seconded; on roll call, passed unanimously. -3- R l!ar Meeting ASHLAND CITY COUNCIL July 18, ] VIII. NSV & MISCELLANEOUS BUSINESS 'continued): 1. 8:20 p.m. - Public Hearing to consider street improvements for Granite Street, from the end of existing paving on Granite to Winbum Way City Administrator Almquist stated this was the first instance action was initiated by the City under a procedure adopted by the Council, wherein there were existing street improvements in the surrounding area. He detailed the total cost of improvements, noting the City-owned property on the easterly side of Granite would cost $7.67 per front foot, since curbs and gutters had already been installed, and $9.77 per front foot for the westerly side. The Mayor then opened the public hearing. Mr. Ray Clary of 233 Granite Street was in favor of the improvements, but expressed his desire that the street be widened due to the i.~nense amount of traffic and some parking problem. Public Works Director Alsing felt the proposed improvements as presented would match both ends of present paving, and pointed out widening the street was restricted by the geographical conditions. Mr. Cleatis Mitchell, 807 Bennett, asked whether sidewalks would be continued, to which Alsing noted they would not at the present time. Mitchell also felt i~proving this section of the street would encourage speeding, and wondered if a speed bump could be installed for law enforcement purposes. After some discussion and a referral to the Streets & Traffic Con~nittee (which was withdrawn), Almquist gave the first reading of the ordinance authorizing and ordering the improvement of Granite Street, from the end of existing paving on Granite to Winburn Way; by constructing thereon curbs, gutters and paving; authorizing the assessment of costs of said improvement against property to be benefitted thereby; and providing that warrants issued for the cost thereof be general obligations of the City of Ashland. Conklin moved to pass to a second reading; McCannon seconded. In reply to Roberts, Almquist stated this amount would be budgeted for the next fiscal year, since it would be a delayed improve- ment. On roll call, passed unanimously. 8:25 p.m. - Public Hearing to consider street in~orovements for Meade Street, from Iowa to Holly Street City Administrator Almquist read a letter from an estimated 82% of the property owners in oDDosition to improvements on Meade Street, due to the 'Nigh cost of living, fixed incomes...", etc. Willstatter felt, in view of the letter, the street improvements should be abandoned; he so moved and Conklin seconded. B~. A1 Throne of 320 Iowa (corner of Iowa and Meade Streets) thanked the Council for their consideration. The Mayor then closed the public hearing. On roll call, motion passed unanimously. 8:30 p.m. - Public Hearing to consider Zone Change application No. 36 from R-i:B-8 to C-1 on property situated at 2315 Siskiyou Boulevard (Norton Lumber Company, applicant) The City Administrator presented a map to the Council, depicting the area in question, and noted only a 20' easement provided access to the otherwise landlocked property. Aimquist also noted the request zone change was not Meeting ASHLAND CITY COUNCIL July 18, F VIII. 1. & MISULLLANEOUS BUSINESS (continued): (continued) in harmony with the Comprehensive Plan, but neither was the present Zoning of adjoining lands. Also, there was no frontage for the requested Zone Change property on a dedicated public street. City Attorney Salter also noted the Planning Commission did not present findings in this matter either. After no comments from the audience, the Public Hearing was closed. Soderberg made reference to a recent consideration on a similar request (for access), and moved that the matter be referred to the Planning Cormnission for a statement of findings for approval of the Zone ~ange; Conklin seconded; on roll call, passed unanimously. It had also been noted the land was recomended to be reclassified, but no use had been proposed. 8:35 p.m. - Public Hearing to consider Zone Change application No. 37 from R-1 to R-3 on a 30-foot strip of property situated at 640 Faith Avenue (Pacific Empire Land Corporation, applicant) City Administrator Almquist presented a map to the Council, noting that a variance had also been approved for the applicant contingent upon approval of the Zone Change (applicant providing access on Faith Avenue). No findings of facts were reported from the Planning Commission. Willstatter made a motion to refer it back to the Commission for such; it was later seconded by McCannon. Mr. Bill White, of Pacific Empire Land Corporation, felt that the Zone Change with right-of-way would help traffic and benefit everyone in the area. Some discussion ensued regarding dedication of the land for a public street or alley. Salter verified Soderberg's statement that, should such dedication be made, the strip of land would not have to be rezoned. City Administrator Almquist stated the piece was not suited for public use, but designed for use of the occupant (more a driveway than a street). Director of Public Works Alsing also felt it would be of no advantage for the City to accept such a dedication. Conklin made a motion to call for the question; this died for lack of a second. Some discussion ensued regarding reports from the Planning Commission, with Salter pointing out there was a very precise procedure set forth in the ordinance, and again referred to the decision of the Appellate Court in the Sibarco case. Conklin felt there was a certain amount of exposure to lawsuit no matter what action was taken. Roberts felt the Council should stick to a policy of not accepting anything from the Planning Commission unless accompanied by complete findings. After further discussion, on roll call - passed with Conklin dissenting. After a brief recess, Soderberg moved that the Council allow the developer to dedicate the 30-foot strip of land to the City for alley purposes, and agree to pave and maintain as per specifications on file with the Public Works Director. McCannon seconded for discussion. Conklin felt this would be encouraging a precedent to dedicate driveways. Salter pointed out Planning Commission findings must be made before a public hearing held by the Council. On roll call, YES - Roberts, Soderberg; NO - Conklin, McC~mon, Willstatter. Motion defeated. -5- R~ 'lar Meeting ASHIJdX~ CI]Y COUNCIL July 18, 1~ VIII. NEW & MISCELLANEOUS BUSINESS (continued) (continued) At this time, City Administrator Almquist read the ordinance vacating a street in the City of Ashlmld, Oregon, and declaring an emergency (in regard to the unopened street located southerly of Siskiyou Boulevard between Clay and Bellview Avenue). Conklin moved that it be passed to a second reading; Willstatter seconded; on roll call, passed unanimously. (Soderberg was excused from voting.) City Administrator Almquist presented a letter received from the U. S. Department of ttousing and Urban Development for a grant in the su~n of $69,873 for the improvement of Hunter Memorial Park. McCannon moved that the Council accept the grant on behalf of the City of Ashland; Soderberg seconded. Willstatter felt the Council should not authorize the staff to seek even the possibility of * funding since he felt the City could not afford the project. Conklin questioned whether the General Fund would be obligated to upkeep for the next three years, to which Almquist replied this would be a Park responsibility and there were no City funds involved. Willstatter pointed out the Little League was already operating there. Dave D'Olivo, O~airman of the Parks & Recreation Comission, pointed out the park was designed for use by all persons--young and old, and would be an active recreation-type park for use by all and not just special interest groups. On roll call, passed with Willstatter dissenting. (At this time, Councilman Roberts was excused from the meeting by the Mayor.) IX. ORDINANCES, RESOLUTIONS & CONTRACTS: Items 1 through 5 were acted upon earlier in the meeting. The Mayor gave second reading by title of an Ordinance repealing Ordinance No. 1686 and amending Ordinance No. 1228, whid~ established an Economic Development Fund, and declaring an emergency. Conklin moved for adoption; Willstatter seconded; on roll call, passed unanimously. City A~ninistrator Almquist read a resolution establishing an annual Student Awards Banquet and appointing a permanent Chairman. McCannon moved for adoption; Conklin seconded; on roll call, passed unanimously. Conklin moved that the proposed contract with Tisc~auser & Bubb, Certified Public Accountants, for the 1971-72 annual audit, be referred to a study session. He felt there should be some discussion to consider a state audit. Willstatter seconded, stating he wanted the dollar amount spelled out in the contract. In reply to Soderberg, Almquist stated there was time before the City was required by State law to proceed with the audit. On roll call, passed unanimously. City Attorney Salter presented a proposed agreement between the City of Ashland and Ashland School District No. 5 relative to crossing guards on Walker Avenue at Highways 66 and 99. He noted the Agreement stipulated costs were to be shared equally between the two parties, with guards to be under the supervision of the Police Depar~nent. Soderberg moved to authorize the Mayor and Recorder to sign the Agreement on behalf of the City; Conklin seconded; on roll call, passed unanimously. *(Amended August 1, 1972) "Willstatter reminded the Council they gave the staff authorization to explore the possibility of funding; however, it came to the Council as an established fact, and he deplored the hypocrisy." -6- Meeting ASHLAND CITY COUNCIL July 18, ]~ In connection with an earlier study session, Soderberg moved that the staff be authorized to provide the necessary tests for information regarding the application for sewer connect by Ponderosa Packing Company, and direct the City Attorney to render an opinion on amnexation of non-contiguous property (such as this might be). McCannon seconded; on voice vote, passed unanimously. /nck There being no further business, Willstatter moved for adjournment; McCaranon seconded. The meeting was so adjourned at 9:40 p.m., subject to the call of the Mayor. Respectfully submitted, ~oseph M. Butler City Recorder