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HomeMy WebLinkAbout1997-0121 Council Mtg MIN • MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL January 21, 1997 PLEDGE OF ALLEGIANCE Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hauck, Hagen and Wheeldon were present, Councilor Thompson was absent. APPROVAL OF MINUTES The minutes of the Regular meeting of January 7, 1997 were amended with correct council position numbers indicated under Oath of Office for Councilors Hauck and Wheeldon, adjourned meeting of January 9, 1997, were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Proclamation declaring February 6, 1997 as Girls and Women in Sports Day. Mayor Golden read proclamation on Girls and Women in Sports Day. • CONSENT AGENDA 1. Minutes of boards, commissions and committees. 2. Monthly Departmental Reports - December, 1996. 3. Letter from Oregon Dept. of Corrections regarding public meeting on Tuesday, February 4, 1997 at 9:00 a.m. at Medford Red Lion, concerning location of new prison facility in Jackson County. Councilors Hagen/Reid m/s to approve Consent Agenda..Voice vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Proposed formation of a Local Improvement District for street requirements on Orange Avenue between Helman and Laurel Streets. Planning Director John McLaughlin explained to council how the properties that were developed in phases, were involved in the Local Improvement District. He explained that when the subdivision was approved, there was a condition that the subdivision sign in favor of future street improvements for that portion abutting the subdivision. Also, at the time of the final plan, a requirement is that the applicant show how this will be assessed on the • City Council Meeting 1-21-97 1 • properties. In this case, the developers chose to assign costs to only the lots that fronted on Orange Street. Council discussion regarding the responsibility of assessment by the property owners on Orange Street. McLaughlin explained that assignment of cost was based only on the linear frontage of the subdivision, assessment is based on however many feet of frontage there are, not on the full subdivision area. The recommendation for straight frontage was what was considered as one of the most fair ways of assessing this block length assessment for the benefitted properties. PUBLIC HEARING OPEN: 7:20 p.m. Kindler Stout/130 Orange/Felt that there were no residents present at the last meeting in favor of forming a Local Improvement District. Unless the council makes the developer pay for his portion of the LID, the property owners should not have to participate in the LID. Questioned the payment formula for the LID. Would like to see the developer pay for his portion of the LID. Ken Larson/176 Orange/Felt the developer was let out of the "to and through" condition he was responsible for. Feels the property owners are paying for the developers "to and through" by means of a waiting game. Richard Katz/125 Orange/Questioned why the council agreed not to include the twenty-four units inside the development as not part of the LID. Councilor Reid gave some history on • how this decision was made back in about 1990. Council discussed the question on whether there could be a requirement put on the developer to be responsible for the cost of a 1/2 street and residents pave south side of sidewalk. City Attorney Paul Nolte explained that traditionally, decisions made by council have been upheld in the courts. If the decision is fair and equitable, more than likely if challenged, it would be upheld. Re-noticing would need to be done if council makes a change. Council would need to be sure when making a decision, that it is based on being fair and equitable. Katz questioned the park row proposed in the LID and whether there was two driveways proposed. It was explained that the park row was intended to create a buffer and encourage pedestrian traffic. Linda Thomas/130 Orange/Understood that the neighborhood proposal for the LID was for a narrow street, that would benefit those in their neighborhood, not a main link to Heiman Street. Hopes that council does not believe there is a need to supplement Heiman Street traffic. Believes that the developer did agree to do a 1/2 street improvement. PUBLIC HEARING CLOSED: 7:45 p.m. City CoueH Meeting 1.21.97 2 • McLaughlin clarified for council that the agreements with the other developers involved in this subdivision were based on the same requirements as Mr. Bonin. Councilor Laws clarified cities policy on paving all streets within the city. The reasons for this, is to help circulation, to minimize the distance that people have to drive in their cars. The second reason, is the expense to the city on keeping up dirt streets. Stated that the city policy has been, that for every property owner, to pay for the street in front of their house. Council discussed the fairness of forming Local Improvement Districts and looking at each Local Improvement District neighborhood on an individual basis. Reading by title only of "a Resolution Authorizing and Ordering the Local Improvements for Orange Avenue from Laurel Street to Heiman Street for the Orange Avenue Local Improvement District and Authorizing the Assessment of the Cost of the Improvements against Property to be Benefited and Providing that Warrants Issued for the Cost of the Improvement be General Obligations of the City of Ashland." Councilors Wheeldon/Laws m/s to approve Resolution # 97-05. Discussion:. Council discussed the role of the Planning Commission and how they should be looking at the impact of the development on the neighborhood. Roll Call vote: Wheeldon, Laws, Reid, Hauck and Hagen, YES. Motion passed. • 2. Continuation of hearing on request for Outline Plan approval for a seven lot subdivision under the Performance Standards Option located at 25 Westwood Street. Continued to February 4, 1997 PUBLIC FORUM John Sully/365 Granite Street/Submitted letter to council regarding a report and statement on engineering geologic report, Debris Landslide at Lantern Hill Development; prepared by B.G. Hicks, consulting Engineering Geologist, dated January 8, 1997. Does not believe that the owners of the property should be allowed to attempt to "take care" of the removal of debris from the old trash dump themselves. Feels there is a serious threat to property and human safety and the intent and meaning of Mr. Hick's report. Requests that council take immediate formal action to remedy this situation and make the property owners whole. Council directed City Attorney to look into this matter and council will place on agenda for first meeting in February. Scott Kurtz, 676 Liberty St/JoAnne Eggers, 221 Granite Street/Submitted to council a request from Watershed Partnership to council. The request explained who they were and what their goals are. Goals involve the assessment and documentation of the effects and • City C"""a MedW 1-21-97 3 • extent of the flood event, and to use the information collected to better understand and prepare for and respond to future events. Included assisting and supporting the rebuilding of flood damaged areas of Ashland and provide leadership and forums for open dialogue about key issues related to the flooding, its aftermath, restoration, and future geomorphic and hydrologic processes. Requests council to authorize participation of staff and city officials in the Watershed Partnership. Council suggestion to group, was to recommend policies, rather than assist and support. It was explained that staff is currently involved in the assessment and the group is invited to the council study session for their information. The group was also advised of a meeting with the US Forest Service. Ron Roth/6950 Old Hwy 99S/Questioned if there will be a public forum portion at the council study session. He has an idea he would like to propose to council in dealing with flood related problems involving Lithia Park and Guanajanto Way. Feels that if there was a group made up of Council and Parks Commissioners, it would be beneficial in the future. Voiced his appreciation of Mike Broomfield during the flood crisis. UNFINISHED BUSINESS • 1. Report from City Attorney on ADA requirements for Ashland Street trees and sidewalks. City Attorney Paul Nolte submitted memo to council that restated his opinion as to the requirements of the ADA for those sections of sidewalks that are removed or that are repaired for Ashland Street. Any such alteration of the sidewalk, or any portion of the sidewalk, must be placed with a sidewalk which is accessible as defined under the ADA. His recommendation to council, that if any part of the sidewalk is repaired, that the repaired portion be accessible. Public Works Director Susan Wilson-Broadus explained for council that tree removal had been tentatively scheduled with the Parks Department around the first of this year. This plan will be re-assessed with the Parks Department and rescheduled accordingly. NEW & MISCELLANEOUS BUSINESS 1. Election of Council President. Councilor Wheeldon nominated Don Laws, Councilor Reid questioned rotating position of council president. Councilor Reid nominated Steve Hauck. Councilors Reid/Hagen m/s to nominate Councilor Hauck as Council President. Voice vote: all AYES. Motion passed. • City COYneH Meeting 1-21-97 4 • ORDINANCES. RESOLUTIONS AND CONTRACTS 1. First reading by title only of "an Ordinance Amending Chapter 2.41 to Reduce Contribution Limits by Political Committees and to Delete Contribution and Spending Limits for City Measures." Councilors Hauck/Laws m/s to approve first reading and place on agenda for second reading of Ordinance amending Contribution Limits. Roll Call vote: Reid, Hauck, Hagen, Wheeldon and Laws, YES. Motion passed. 2. Reading by title only of "a Resolution Establishing the Plaza Business Flood Loan ("Save the Plaza") Rand for Restoration of Plaza Businesses Damaged in the 1997 Flood with Loan Repayment Proceeds to be used to Restore Lithia Park." City Attorney Paul Nolte explained that this fund would be established with the city, it would not use any city revenues. It would be funded only from donations from individuals. Those funds would be handled through SOREDI with the Chamber of Commerce to determine which businesses on the Plaza would be eligible for the loans. SOREDI would make the loans along with the collection, at no charge. The city would also not charge for handling the funds. Repayments on this loan would go toward helping restore Lithia Park. The reason for doing this through the city, is for the tax benefits. Councilors Hauck/Hagen m/s to approve Resolution N 97-06. Roll Call vote: Hauck, Hagen, Wheeldon, Laws and Reid, YES. Motion passed. • 3. Reading by title only of "a Resolution Prohibiting Water Connections Outside the City Limits." (Requested by Mayor Golden) Mayor Golden covered different areas of the proposed resolution where the council may want to elaborate on or make better clarification. Council directed City Attorney to redefine those areas that were discussed and bring back for approval. 4. First reading of "an Ordinance expanding the Season for Outdoor Burning by Amending Section 10.30.020 of the Ashland Municipal Code." Councilor Laws requested clarification on council direction for this ordinance. He understood that council requested that there be a sunset provision instead of an annual report. Laws suggested that instead of an annual report to the council in January, that this ordinance shall terminate on February 21, 1998. Council discussed an annual renewal date on the ordinance and instructed City Attorney to make the language change, and bring back for approval at second reading. City Council Meeting 1-21-97 5 • Councilors Hauck/Reid m/s to approve first reading and place on agenda for second reading Ordinance expanding the Season for Outdoor Burning. Roll Call vote: Laws, Reid, Hauck, Hagen and Wheeldon, YES. Motion passed. 5. First reading by title only of "an Ordinance Amending Section 13.24.010 to Establish a Heritage Street Name List for Naming or Renaming Streets." Councilors Laws/Reid m/s to approve first reading of Ordinance establishing a Heritage Street Name List. Roll Call vote: Laws, Reid, Hauck, Hagen and Wheeldon, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Wheeldon recognized Fire Chief Woodley on his detailed report of the New Year's Flood. Requested that the Arterial Street fund be placed on the next agenda for public hearing. Would like discussion regarding a Study Session with the Planning Commission on Local Improvement Districts. Requested date for Council Goal Setting. Councilor Hagen informed council that the Bicycle Commission had identified a possible location at Key Bank for bicycle parking. Questioned where the money would come from for expenses. Councilor Laws clarified for public a letter to editor that indicated at the last council meeting, that the Mayor had cut him off on discussion regarding placement of an opening on . the Budget Committee. He stated that it is legitimate and is the role of the Mayor to keep council on track, which is what he felt the Mayor had done. ADJOURNMENT Meeting was adjourned at 9:05 p.m. Barbara Christensen, City Recorder Catherine M. Golden, Mayor • City Couna7 Mating 1-21.97 6