Loading...
HomeMy WebLinkAbout1997-0415 Council Mtg MIN • MDiUTFS FOR THE REGULAR MEETING ASHLAND CITY COUNCIL April 15, 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 DeBoer were present, Councilor Wheeldon was absent. APPROVAL OF MINUTES The minutes of the Regular meeting of April 1, 1997 were approved as presented with spelling correction on page 3, item #3, paragraph 2; medium should be median. SPECIAL PRESENTATIONS & AWARDS 1. Presentation of James Ragland Award to "The Citizens of Ashland." Mayor Golden explained that the award was established in 1994 by the City Council to recognize individuals who have done extraordinary things for the city, primarily in their service of time to what city government does. The Citizen's of Ashland were presented the James Ragland Award due to their outstanding • volunteer effort and assistance with city crews at the time of the New Year's Eve flood of 1996-97. -rkle c,4 Midge Tieroff was introduced and stood as an example of the invaluable assistance of those individuals who volunteered their time and energy to the flood effort. Along with Midge, others were introduced representing several groups in our community who were outstanding in their volunteer efforts. Midge read statement giving overall picture of how the volunteers coped with this emergency and shared their appreciation of all, including the workers of the city. Group shared stories of flood related experience by the volunteers. Councilor Laws recognized the volunteer efforts by National Guard and those individuals that helped to provide water to senior citizens. 2. Mayor's Proclamation declaring May 11-17, 1997 as "National Historic Preservation Week" in Ashland. Mayor read proclamation on "National Historic Preservation Week". 3. Mayor's Proclamation declaring the month of April, 1997 as "Sexual Assault Awareness Month." Mayor read proclamation on "Sexual Assault Awareness Month". • City Council Meeting 415-97 1 • 4. Introduction and Presentation by Airport Commission. Introduction postponed for another Council meeting. CONSENT AGENDA 1. Minutes of boards, commissions and committees. 2. Monthly Departmental Reports - March, 1997. 3. Modification of location of pedestrian easement on property located off Oak Meadows Place. Mayor Golden removed item #3 from the Consent Agenda and placed it as item #3 under New Business due to a request for speaking on the item from the public. Councilors Hagen/Hauck m/s to approve consent agenda items #1 and #2. Voice vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Proposed formation of a Local Improvement District for the installation of Street and sidewalk improvement on Fordyce Street. Interim Public Works Director Jim Olson gave overview of formation of the Fordyce Street Local Improvement District. Presented memo with background information which stated that a total of 25 agreements had been acquired to date representing 77 individual lots, or 17.414 acres of the total 23.570 acre district. The percentage in favor by agreement is 73.9% and a • map was provided showing the lots "which are signed in favor" of the proposed improvement. Olson reported that neighborhood meetings had been held to finalize street design, parking issues, sidewalk locations, and the possible inclusion of a power undergrounding option. Olson explained to council that at the last meeting, a year ago, there was no conclusion or enough support of including the power undergrounding in the assessment district. The assessment district includes curb and gutter, paving, sidewalk on both sides and some parking bays. Olson reported to council that different methods of how to assess costs to the project were considered. Front footage was considered, but not favorably as there are only 32 lots which have frontage on the streets out of the 92 lots. Per lot basis was considered, but was not favored at the neighborhood meetings. Using the method by area basis seemed to be the most equitable. Olson explained that the power undergrounding part of this project was discussed with the city Electric Department to see if the cost of this undergrounding could be decreased if the city were to be more of a partner in this project at this time. Olson reported that the overhead line was rebuilt only a number of years ago, so in normal operations it wouldn't be scheduled for major maintenance for a number of years. There will be some advanced • City Council Meeting 415-97 2 • undergounding done in the future and some conduits will be laid at that time. The estimate for undergrounding is $60,000. The total project costs are $239,316 which includes a credit of $33,950 received from Jackson County Public Works for jurisdiction transfer and a credit of $12,750 from the City to compensate for oversized storm drains. Olson covered some of the questions that were frequently asked from the neighborhood meetings. PUBLIC HEARING OPEN: 7:37 p.m. Cynthia Martin/1355 E. Main/On record only as in opposition. Did not wish to speak. Helen Malena/1225 Kirk Lane/On record only as in opposition. Did not wish to speak. Richard Davis/478 Fordyce/Spoke in favor of the Fordyce LID. Believes that the method of assessment by square footage should be flexible to account for "aberrations". Described the LID as an owner-usage LID. Commented on lots #704 and #709, felt that these, as well as proposed future streets, should be excluded. Questioned if other methods of assessing had been considered. • Carolyn Eidman/554 Fordyce/Submitted to council three agreements to be introduced into the records. Commented on a request by the city, that she was against, that a street be built connecting Millpond and Romeo Drive. Does not believe the creek area should be assessed. Jessie Camp/475 Fordyce/Does not believe that this LID is necessary and is too costly. Is not in support of the LID. Colin Swales/461 Allison/Concemed with cost, how and when costs proportioned and if there is a need for the LID. Questioned how the proposed LID meets with past discussion regarding improvements. Stated that the suggested costs are higher than what would be submitted from private contractors. Mentioned the oversized storm drains and an oversized sidewalk that will be included in the LID. Would like to see a cost justification. Questioned discrepancy in his figures compared to the city assessment by about $15,000. Jill Turner/1275 Munson Drive/In favor of proposed LID. Commented on the increase of traffic that will be generated by the development of No. Mountain Avenue and encourages the council to approve the LID which would provide sidewalks for much needed safety reasons. PUBLIC HEARING CLOSED: 7:54 p.m. 40 City Council Meeting 4-15-97 3 • Olson responded for council on questions presented by the speakers. Stated that the riparian area discussed, Roca Creek, comes in two forms. Two of the subdivisions have created their riparian areas as dedicated open space. The rest of the riparian area does not exist as open space and would be acquired as easements. As the Roca Creek improvement project progresses, they would acquire the rest of the easements. Stated that the open space could be easily excluded, but the easement would be more difficult to exclude as the title stays with the property owner. Explained that rights-of-way will be excluded from the assessment district and the rights-of-way for the proposed Ashland Willows subdivision along with mentioned streets and the extension of Mill Pond Drive will be excluded from the final assessment. Olson clarified for council that the estimate proposed, was based on an average assessment rate for the last 10 years of assessment projects completed in the city. Explained how difficult it was to compare these to the proposed LID, because they were all different. Olson also explained that the discrepancy mentioned by property owner, was due to the property owner using a method of calculating by frontage rather than a method of calculating by area. Olson stated that all sidewalks in the proposed district are standard sidewalks and there are no oversized sidewalks. Paving of streets are not full pavement, but an oil map that was constructed by the Jackson County. Councilor Reid commented that she had received several phone calls dealing with pedestrian • safety issues and encouraged the LID in favor of sidewalks. Councilor Hauck commented that it if easements are going to be taken for these riparian areas that the property owners should not be charged for an assessment. Council discussion, that if easements are considered, then should riparian areas also be considered and pulled out of the assessment district. And, what the procedure would be if the method of assessment were changed. Comment was made, that if these were excluded, it would raise the costs to other property owners. It was determined that if the council should make a change to the assessment district, which would raise the cost beyond 10% of the original assessment cost, re-noticing would need to be done for the property owners of this proposed district or the city would need to fund whatever the revision of costs would be. It was suggested that the riparian ways be treated the same way as "future street" right-of- ways. Mayor Golden suggested that the city pull out the riparian areas as part of the easement and, if it takes it above the 10%, the city would pick up the difference of cost. Planning Director John McLaughlin clarified that on unbuildable areas you cannot attain density bonus points, there were no density bonus points given on these proposed areas. The area does count in the overall lot area, for total number of units. Dedicating it as open space does not allow density bonus. This was transfer density not a density bonus. • City Council Meeting 415-97 4 • Council discussion that since property owners are allowed density transfers for unbuildable areas, the number of units that they can construct on their property is not diminished. Therefore, there is no reason to take out riparian areas from the assessment. Olson reported to council that the cost associated with the suggestion of removing the riparian areas would mean an additional cost, on a 25ft wide easement, an additional $550 per acre for assessment, most lots are 1/4 of acre or less. Councilors Laws/Hagen m/s to approve Resolution #97-19, Authorizing and Ordering the Local hmprovements consisting of curbs, gutters, storm drains, paving and sidewalks for Fordyce Street from East Main Street to Munson Drive for the Fordyce Street Local Improvement District and authorizing the assessment of the cost of the improvements against property to be benefitted and providing that warrants issued for the cost of the improvement be general obligations for the City of Ashland. Roll Call vote: DeBoer, Hagen, Hauck, Reid and Laws, YES. Motion passed. PUBLIC FORUM Elias DeChristo/205 Granite/Representative of Ashland Community Bike Program. Shared the progress that has been made with the bike program. Announced that there will be a parade on Saturday at 10:30 a.m. which will debut the Bike Program along with speakers promoting the program. • UNFINISHED BUSINESS 1. Approval of Findings, Conclusions and Order on a seven-lot subdivision under the Performance Standards Option located at 25 Westwood Street. Councilors Hagen/Hauck m/s to approve. Roll Call: Laws, Hauck, Hagen and Mayor Golden, YES. Councilors Reid and DeBoer abstained due to their absence at the Public Hearing. Motion passed. NEW & MISCELLANEOUS BUSINESS 1. Memorandum from Forest Commission regarding fire management program in the Ashland Watershed. Mayor Golden clarified that the "draft" letter included in the council packet was mistakenly drafted by staff and does not correctl^ate her position on the proposed "HAZRED" timber sale. Felt it should be a dialog between Ashland Ranger District and the public. Does not believe that the city should have any influence over this issue and should not be between the two governments. *ft}e, MAt4vr W de-n Un V i&& Pad,0), 'b �rCSfSuc. Pu -00 c- had h U-b I ' �1 Bill Robertson, Chairman of the Ashland Forest Commission presented letter to the City Council requesting their support for the "HAZRED" timber sale. • City Council Meeting 415-97 5 • Commented that the "HAZRED" projects could help return the watershed to a fuel loading level where the forest is less prone to complete destruction by wildfire. Explained the project to council, the proposal would help the Ashland Watershed return to an ecosystem that would be more resilient when exposed to natural wildfire processes. Artificially reducing fuel loading and timber stand densities by thinning and introducing controlled burns begins to mitigate the impact of 100 years of fire suppression. Councilor Reid shared how the Forest Commission had encouraged Linda Duffy, District Manager of the Ashland Ranger District to work will all the interested groups and provide public input and communication. Jim Moore/1217 Park St/Representative of HeadWaters. Commented on the major decision that surrounds the cutting of 400 year old trees. Supports concepts of thinning for fire control, but believes that the fire control should be done in the lower elevation. Bill Rhodes/US Forest Service/Gave further explanation on the project. Project was initiated through agreement with City of Ashland and Mayor Prickett at that time. Does not believe that the proposed project is the answer to fire reduction. Eric Schnenen/368 Bridge/Submitted paper to council on Ashland Watershed problem not wildfire, but water. Is opposed to the cutting of 589 acres of old-growth forest from the Ashland watershed. Does not believe there is a need.for this expensive project and there are • many questions that have not been answered. Councilor Laws felt it was a legitimate position that the council could take. Laws commented that because there is an on going dialog between interested parties and the US Forest Service, that it would not be appropriate at this time for the council to take a position on this one way or another. 2. Presentation of The Hamilton Creek Proposal by the Roca Study Team. Richard Hart/308 Avery Street/Presented Hamilton Watershed study proposal on the recent flood. The Study Team proposed the following: 1) Perform a geomorphic survey throughout the drainage to identify headwater and channel conditions; 2) Map channel cross sections, choke points, drains, piping size, and final delivery areas; 3) Organize and conduct pubic involvement leading to an understanding of the Hamilton watershed's dynamics. Submitted questions on areas of investigation and requested $15,000 to perform the assessment and the community outreach portions of a two-year study. Commented that they are seeking other funding and partnerships as well. Council agreed to refer this to the proper budget sub-committee and return again to council with a report after the budget sub-committee review. • City Council Meeting 415-97 6 • 3. Modification of location of pedestrian easement on property located off Oak Meadows Place. Planning Director John McLaughlin presented modification request of the location of a public pedestrian easement - Oak Street Subdivision. The dedication of the easement was a condition of approval and was intended to provide a future connection from the Oak Street Meadows Subdivision to the Ashland Creek Floodplain/Greenway. The actual improvement of the easement would not occur until public access is acquired down to Ashland Creek and the surrounding floodplain. Applicant is requesting that the public easement be moved from original placement and in order to do this, the original public easement would need to be terminated and the new one dedicated. Don Greene/375 Normal/Provided council with maps that showed building locations. Commented on the contingency of the easement as a condition of approval on the subdivision. This was contingent upon tax lot #1901 being dedicated to the city and becoming part of the Greenway. Explained that when the preliminary layout of the subdivision was done a place was determined where it was thought to have the least impact on the homes. With a revised survey, it was found that the location of the foundation for the home on the adjoining lot of the public easement would need to be moved for several reasons, including solar access and set-back requirements. A new request for solar access had to be completed when new property owners took ownership of the adjoining tax lot and they were not willing to sign a solar access agreement. Requested that council approve the moving of this public easement to the proposed location which would only effect one home • and is a better location compared to others. Maureen Graham/1109 Oak Street/Felt that the change in the pedestrian easement puts it too close to their property and there is major concern regarding privacy. Feels there are alternative places for this easement which would cause less concern. Because their lot could possibly be divided, the proposed relocation of the pedestrian easement could effect the assessed value of their property. Asked council that they not bear the burden of public access without consultation. Requested that the easement be dropped for now or that it be located elsewhere within the subdivision. Greene explained to council that the current easement is a 33% down slope, which is a 20 feet of drop requiring over 40 steps and would be used primarily as a local access. Discussion on what the distance of the public easement is currently, and what the distance would be at the proposed location. Question on whether this easement would be necessary with access to the Greenway so close through Nevada Street. Pat Acklin/322 Bridge Street/Spoke as potential buyer for the lot which currently has the public easement adjacent to it. Commented that when she became aware of the current public easement, she found that it allowed very little access to the front and back yard of the property. Stated that she felt the Planning Department had used a 'check list' method for this project rather than an actual "on the ground work" method. Stated that the impact was severe, due to the density of the homes. Suggests that the easement be removed considering • City Council Meeting 415-97 7 • the close proximity of access onto the Greenway off Nevada Street. If this is not possible, requests that the council approve the moving of the easement to the proposed site area. McLaughlin explained that if the council should approve the removal of the easement, it would need to be returned to the Planning Commission for action. He explained that the condition of the public easement was made by the Planning Commission, but that the placement of the public easement was made by the developer. City Attorney Paul Nolte clarified for council that the process in sending this back to the Planning Commission could involve up to two months but not longer than 120 days. Nolte stated that it may not require modification on the approval of the subdivision, but he would need to discuss this with the Planning Director. Stated that this is an easement owned by the public, and the council could quit claim its public interest back to the property owners. Councilors Laws/Reid m/s to take whatever action is necessary to abandon the easement. Roll Call vote: Laws, Reid, YES; Hauck, Hagen and DeBoer, NO. Motion did not pass 2-3. Councilors Hauck/Laws m/s to relocate the pedestrian easement to proposed location. Discussion: Councilor Deboer disagrees with moving an easement next to a property owner that increases the distance in the variance, supports moving the easement between lots 7 and 8 or leave it where it is. Or, pursue the planning process and let the • Planning Commission remove this easement. Councilor Hagen concerned with moving easement, did not want to encumber the new property owner, agrees it should stay within this development. Roll Call vote: Hauck, YES; Laws, Reid, Hagen and DeBoer, NO. Motion did not pass, 14. Councilors Laws motion to refer this to the Planning Commission and ask for disposition of the matter. Motion lacked second, no action. Council discussion ended with no action on item. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. First reading by title only of an "Ordinance Modifying Section 3.08.050 of the Ashland Municipal Code and Repealing Ordinance No. 1415 as Amended, in its Entirety, in Order to Modify the Procedure for Creating a Position Classification Plan for the City of Ashland." Councilors Reid/Hauck m/s to approve first reading and place on agenda for second reading. Roll Call vote: Reid, Hauck, Hagen, DeBoer and Laws, YES. Motion passed. Councilor Hauck/Hagen m/s to continue meeting past 10 p.m. Voice vote: all AYES. Motion passed. • City Council Meeting 415-97 8 2. Reading by title only of a "Resolution Providing for a Deferral of Local • Improvement District Assessment of Payments for Qualifying Senior Citizens and Disabled Persons." City Attorney Paul Nolte pointed out to council that resolution will need to be corrected as the resolution passed out to council in the packet were figured at 100% rather than the 80% figures. A new resolution will be printed with the correct figures. Councilors Hauck/Reid m/s to approve Resolution k97-17. Roll Call vote: Hauck, Hagen, DeBoer, Laws and Reid, YES. Motion passed. 3. Reading by title only of a "Resolution of the City of Ashland Clarifying Certain Conditions of Employment for Management and Confidential Employees and Making Such Conditions Consistent with the Federal Fair Labor Standards Act by Repealing Resolution No. 96-37." Councilors Hagen/Hauck m/s to approve Resolution #97-18. Roll Call vote: Hagen, Laws, Reid and Hauck, YES; DeBoer, NO. Motion passed 41. OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Reid requested that the Local Improvement District between Helman Street and Water Street that would connect Central Street be put onto the next council agenda. • Councilor Hagen commented on a mailing that he received from the Planning Department dealing with local street plan process. Stated that the meeting scheduled at Bellview School has a difficult handi-cap access and would like the planning staff to consider this in the future when scheduling meetings. Councilor Hagen was requested by Ron Roth to request that a public hearing be held for public discussion on the necessity of hiring a licensed engineer for the Public Works Director position. Mayor Golden commented that she would prefer that she receive comments and suggestions on issues in writing as she is able to give better time and concentration on letters. She would pass these on to the interview panel for their review also. ADJOURNMENT Meeting was adjourned at 10:05 p.m. Barbara Christensen, City Recorder Catherine M. Golden, Mayor • City Council Meeting 4-15-97 9