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HomeMy WebLinkAbout1998-0106.REG.MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL January 6, 1998 PLEDGE OF ALLEGIANCE Mayor Golden called the meeting to order at 7:02 p.m., Civic Center Council Chambers. ROLL CALL Councilors Laws, Hauck, Hagen, Wheeldon and DeBoer were present. Councilor Reid was absent. MAYOR'S ANNUAL "STATE OF THE CITY" ADDRESS Mayor Golden presented her tenth annual "State of the City" address, speaking of the various happenings of 1997, the accomplishments of the city's various departments over the past year and the challenges facing each in the coming year. Golden noted the major events, including the flood, the firing of a department head, the passage of the new Hillside Development Standards ordinance, the retirement of City Administrator Brian Almquist, and the involvemere of Ashland's citizens in these events through news coverage on television, through cable access and local newspapers, as well as in the new Ashland City Source city newspaper published by the City Recorder's office. Mayor Golden discussed Police Chief Gary Brown's departure; the hiring of Scott Fleuters; the contribution of the School Resoume Officer (SRO), Youth Diversion Officer, Central Area Patrol and Senior Volunteers; and the upcoming Citizens' Academy to give community members a chance to learn firsthand about police work and the criminal justice system and allow them to voice their concerns. Golden made note of Ashland Fire and Rescue's role in the city's response to the flood, and commented on Chief Woodley's service as Field Commander in implementing, and now revising, the city's Emergency Management Plan. Emphasized the recent completion of wildfire fuel reduction work in the watershed, the acquisition of the ambulance service and improvement in ambulance response time in area six. The Mayor also discussed the accomplishments of the Planning Department by highlighting the completion of the Transportation Element of the Comprehensive Plan; the work now in progress on the System Plan and Local Street Plan as part of implementation of the Transportation Element; the completion of the North Mountain Neighborhood Plan; the Livable Oregon, Inc. award received for the City's role in the Golden-Fields building in the downtown area; the passage of ordinances regulating cellular towers and setting standards for hillside development; and the nomination of the Railroad District for inclusion on the National Register of Historic Places. The many contributions of the Public Works and Engineering departments were also emphasized. Mayor Golden pointed out their many projects, including efforts in flood response such as sandbagging, moving approximately 4500 tons of granite displaced by flood waters, repairing flood-damaged water lines, slides, streets, Bluebird Park and both of the treatment plants. It was explained that the city had 42 different flood damage sites, and that in large part the projects in each of these areas has been completed and payment received from F.E.M.A. Golden noted the numerous other projects undertaken by Public Works and Engineering, including the Central Ashland Bikepath, Roca Creek work, wastewater and water treatment plants, wetlands demonstration site, and various street repair projects. Golden explained that October 1, 1997 marked the end of federally provided funding for Conservation Department programs. Between 1980 and 1997, a total of $6,333,276 in Bonneville Power Administration supplied money was spem in Ashland through programs implemented by the Conservation Department. With the end of federal funding for these programs, individual utilities will now be responsible for funding those programs they deem to be necessary. City Council Meeting 12-16-97 The Mayor also noted that the Electric Department had renegotiated part of its contract with the Bonneville Power Administration, relocated transformers away from flood areas, and begun construction of a dark fiber ring which will bring the potential for automatic meter reading and various telecommunication services to Ashland's citizens. Finally, Mayor Golden complimented the Finance Department for its response to the challenge of locating emergency funding for the numerous flood related projects and dealing with F.E.M.A. to obtain much needed project grants. Golden also noted that on top of dealing with financial issues brought about by the flood, Finance also kept their regular schedule for preparation of the city budget, while addressing the uncertainties brought about by ballot measures 47 and 50, conducting several bond sales, renegotiating five labor contracts and dealing with a complete remodel of their office space and the installation of a new phone system. Golden concluded by noting the role played by both citizens and staff in making Ashland what it is, stating that the city runs like a business with a heart. APPROVAL OF MINUTES The minutes of the regular meeting of December 16, 1997 were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Presentation of 25 year service award to Edwin "Rocky" King, Cemetery Sexton. Mayor Golden read a brief statement, outlining Rocky King's history with the city over the past 25 years, and thanked him for his years of service. CONSENT AGENDA 1. Minutes of Boards, Commissions and Committees. 2. Monthly Departmental Reports - December, 1997. 3. Acceptance of Annual Audit for 1996-1997. 4. Approval of National Register Nomination for Hargadine Cemetery. 5. Confirmation of Mayor's appointment of Ken Hagen and Carol Horn Davis, and reappointments of Darrell Boldt and Tom Giordano to the Building Appeals Board for terms expiring December 31, 1998. 6. Confirmation of Mayor's appointment of Ashley Horacek to the Bicycle Commission for a term expiring April 30, 1999. 7. Adoption of findings for denial of a variance to allow property at 1405 Tolman Creek Road to accommodate four llamas per acre rather than two. Councilors Hauck/Hagen m/s to accept the consent agenda. Voice vote: All AYES. Motion passed. PUBLIC HEARINGS 1. Proposed formation of a Local Improvement District for street requirements on Westwood Street. Public hearing opened at 7:27 p.m. Public Works Director/City Engineer Paula Brown explained costs of the project, the option chosen by Council in their regular meeting held December 2nd to determine benefit assessment, and briefly explained the history of this Local Improvement District's formation. Robert J. Connard/570 Nyla Lane/Noted receiving notice of hearing on December 5, 1997. Stated that there was a contract between Vernon Gross, who developed Nyla Lane in 1979, and the City of Ashland, to sign in favor of street improvements for building lots 3, 9 and 10. Stated that this agreement was intended to go with the land. Also explained that Gross had been told by Dick Wanderscheid that all of the city's requirements had 2 been met as of July 12, 1979. Feels that this LID does not benefit Nyla Lane residents, and requiring Nyla Lane residents to pay an LID assessment is counter to the City's agreement with Gross. Vernon Gross/585 Nyla Lane/Stated that John Billings told him at the time the area was developed in 1979 that Nyla Lane would not be assessed for improvements to Westwood or Orchard. Noted that Nyla Lane property is shown as unencumbered on the title, and suggested that this might lead to lawsuits to tie up development. Suggested City seek some sort of federal grant to complete work in the area without cost to Nyla residents. Henry Kneebone/449 Orchard St./Explained that he owns property across the canyon from Westwood St., and questioned whether he would be required to pay a portion of the Local Improvement District cost. Mayor Golden stated that he would not. Andy Butt/1355 Romeo Dr./Resident of another cul-de-sac, questioned who makes decision to repair streets. Explained that he feels he pays more than his share for streets that are in disrepair and inquired about the process involved in initiating improvements. Director of Public Works Paula Brown responded by clarifying the general LID process and noting that each neighborhood has its own unique situation that would affect the formation of an LID. In the case of Westwood Street, Brown explained that options for inclusion of Nyla Lane residents had come before council. Noted the possibility of neighbors initiating LID's, and the possibility in some cases of determining benefits based strictly on frontage. Brown responded to Mr. Gross's suggestion of seeking a grant for funding by pointing out that the only recent grant had been on Oak Street, and that this had only covered sidewalk costs. Brown then explained that in this case, no other funds are available beyond the developer, the benefitted residents and the city. Councilor Laws responded to Mr. Burt's question by stating that decisions are made by the City Council, noting that this is done based on case-by-case details. Councilor DeBoer questioned the existence of the agreement mentioned by Connard and Gross, and inquired as to whether Nyla Lane residents were in fact benefitted by this project. Public hearing closed at 7:44 p.m. Councilor Laws questioned City Attorney Paul Nolte about the lawsuit suggested by Mr. Gross. Nolte responded that he did not see the possibility for a successful lawsuit in this situation. Councilor Wheeldon questioned the assessment of benefits to Nyla Lane residents. Brown clarified that the options presemed to council at the regular meeting held December 2nd were based on how residents were benefitted, explaining that it is her opinion, supported by the option selected by council, that Nyla Lane residents are benefitted in this case. Brown also pointed out that Mr. Kneebone received no benefit as his property is a drainage area with no access and thus no assessment was made against him. Councilor Laws questioned City Attorney Nolte further, inquiring as to the cost of attorney fees for dealing with an unsuccessful lawsuit. Nolte explained that any property could potentially be encumbered by Council action under an LID, and that there would be no liability to a title company for that reason. Stated that the cost of defending a suit, if residents should try to appeal council's decision, would be between $3,000 and $5,000. Laws clarified this was money already set aside by the city, and wouldn't be an additional amount paid through tax dollars. Councilor Hagen clarified that some grant funds had been available on Oak Street from the Oregon Department of Transportation (ODOT) to explore possible means of slowing traffic without stop signs, by necking down the street, adding cross walks and speed tables. Emphasized that this funding had been available for specific City Council Meeting 12-16-97 3 reasons. Councilor Wheeldon noted that these monies had been made available by ODOT and that the decision to provide funds had not involved the council. Mayor Golden read, by title only, "A Resolution Authorizing and Ordering the Local Improvements for Westwood Street from Orchard Street Southerly 1,300 Feet for the Westwood Street Local Improvement District and Authorizing the Assessment of the Cost of the Improvements consisting of Curbs, Gutters, Storm Drains, Paving and Sidewalks against Property to be Benefitted and Providing that Warrants Issued for the Cost of the Improvement be General Obligations of the City of Ashland." Councilors Hauck/Wheeldon m/s to adopt the resolution. DISCUSSION: Councilor DeBoer explained that the assessment to Nyla Lane lots would likely work out to payments of less than $10 per month, and that there was a definite benefit to these lots. Noted that the City had opted to pay $4500 to offset the assessments against Nyla Lane, and emphasized that this LID had been initiated within the neighborhood and supported by the majority of the residents. Roll call vote: Hauck, Hagen, Wheeldon, DeBoer and Laws, all YES. Motion passed. Appeal Hearing on a Planning Commission approval of a three-lot Minor Land Partition at 610 Ashland Street, to include extension and improvement of a portion of Forest Street east of Weller Lane (Applicant Steve Morjig). Mayor Golden read the guidelines and procedures for a Land Use Public Hearing. EXPARTE CONTACT: Councilor DeBoer noted that he is a friend of Mark and Jini Danis, who filed the appeal that is before council. PUBLIC HEARING OPEN: 7:54 p.m. STAFF REPORT: Planning Director John McLaughlin read staff recitals; presented map and overheads; explained related details including street dedication map from the Comprehensive Plan. McLaughlin discussed 1992 vacation of parts of street nearby, and noted that applicants were required to meet subdivision standards as future subdivision was likely. Stated that no variances had been requested and that there was no opposition to creation of the lot. McLaughlin explained that the issue is the extension of Forest Street. Noted that the city required street dedication prior to allowing development and discussed the issue of steep grade, which will be approximately 18 % for a 200 foot section of the street. McLaughlin stated that this is not an uncommon grade in the area and noted that the Forest Street extension is already an adopted part of the Comprehensive Plan. McLaughlin noted that the Planning Commission found the applicant had met all requirements and approved the Minor Land Partition. Again emphasized that the issue is the street's steep grade and the connection of Upper and Lower Forest Streets. Stated that staff recommends approval as per Planning Comrnission's decision. APPLI C ANT: Steve Morjig/610 Chestnut and Dan Oimstead/applicant's engineer, of Hammond Engineering/Applicant stated that he had originally intended to use an existing gravel road as the main access, but that Tom Keevil, a neighbor, suggested developing the road. City told him how to proceed with development, and met with Mark and Jini Danis to discuss possible options. Stated that they were told developing the road would not work for the Danis property. 4 Morjig discussed Weller Lane as an illegal cul-de-sac which was permitted as the road would later be developed. Stated that neighbors had signed in favor of the LID, noting that this information was available to all who lived there. Noted that he had spoken with Rod Badger who had owned the property prior to the applicant's taking possession. Also pointed out the Transportation Plan which requires a twenty foot road, with a sidewalk on one side. Noted that he had submitted a satisfactory tree plan, and that his plan for this partition was designed to accommodate future development on the Wolfe and Keevil properties nearby. Morjig also explained that in the future, the plan calls for six lots and a road with a 7% grade just off of Weller Lane, with a steeper grade for the remainder. Emphasized that this application is not bound by current street grade laws as it is already approved as part of the Comprehensive Plan and noted similar grade on Ashland Street, which is currently at 161/2 %. Applicant stated that Weller Lane was originally allowed contingent upon the future development of the Forest Street right of way. Noted that denial of this part of the Transportation Plan would violate city and state laws, stating that the plan had been supported previously by the Planning Commission as it provides an inter- connectedness to the area, rather than increasing the number of cul-de-sacs. Also explained that his plan provides a future fire outlet for Weller Lane, and provides the best plan for access to other parcels. Briefly addressed letter of appeal from Mark and Jini Danis, stating that they knew about the future extension of the right of way and put their driveway in anyway, on condition that they remove it if the extension occurred. Finally, the applicant noted that he had requested that his engineers provide a plan that worked with the Danis driveway. Dan Olmstead, applicant's engineer, spoke briefly of the area's topography. Clarified that the concern is Forest Street and the existing Danis driveway which cuts diagonally across the proposed street extension. Noted that the new road going in will create a significant drop at the driveway. Discussed possibility of splitting the driveway with the street extension, and at the request of Councilor Wheeldon presented a map to clarify the examples being discussed. (This map was used to illustrate items being discussed at Councilor Wheeldon's request and was not submitted as part of the record.) IN FAVOR: Tom Keevil/600 Ashland St./Noted for council that his tax lot is number 2001, located immediately south of Morjig's lot, and stated that he has resided there for 23 years. Said that Weller Lane is too long to be a cul-de- sac, and that the intent had been to run this extension through to Forest Street. Explained that his property will border the planned new street on the south side. Noted that after Weller Lane's development, the issue of a Forest Street extension next came up at the time of the construction on the Danis property. Stated that at that time, he sent a letter to the City Engineer declaring his intent to develop along Forest Street. The response he received from the City stated that Danis had signed in recognition of possible development on Forest Street. Noted that the same issue is being revisited now, by new staff members and new commissioners who have reached the same conclusions, and that Mark and Jini Danis are now appealing the extension. Concluded that he would have to build multiple cul-de-sacs to develop his property if Forest Street is not extended as planned. Mayor Golden questioned the location of Pat Wolfe's property. Planning Director McLaughlin confirmed that Wolfe's home was on tax lot 1900 and that Wolfe also owned tax lot 2201. Confirmed that "Badger property" was the property under discussion to be partitioned by Morjig. IN OPPOSITION: Mark and Jini Danis/620 We!!er Ln./Requested that council review Planning Action//97-084, noting that they had a signed petition from area residents requesting that approval of that action be denied. Stated that Weller City Council Meeting 12-16-97 5 Lane residems had never received notice of public hearings, and that since learning of this action they have presented a letter of objection and repeatedly expressed their concerns to the Planning Department. Noted that this action was formerly referred to as the "Badger Proposal", and when they had tried to express their concerns over that proposal, they were told that procedure didn't allow their comment at the time. Discussed Hammond Engineering's plan and section 18.88.050 of the Ashland Municipal Code, which lists criteria for road grade or land partition. Stated that state requirements must be considered as well. Noted that their driveway will be only 19-20 feet long according to City Engineers. Raised questions about fire safety issues, and pointed out that the Transportation Plan could be modified by the council. Emphasized that while they had been aware of the possibility of a street being constructed, city planners had stated that it was "highly unlikely" as such construction would not have a purpose. Mark Danis noted that City Attorney Paul Nolte had told him that the language used in the agreement Danis had signed was questionable. Danis stated that he that a benefit assessment should not be levied against his property. Expressed concern over the limited visibility at the intersection of Weller Lane and Forest Street, and questioned liability issues of the city's violating the law with an 18% grade which would be hazardous during the winter due to frequently icy conditions. Stated that the long term use of the Forest Street extension would likely be limited to residents of 620 Weller Lane, as other residents would not want to go uphill to get downtown. Discussed parking issues due to snow and ice, and questioned the tree plan that Mr. Morjig had memioned. Cited chapters of the Ashland Municipal Code relative to grade, mentioning 18.76.180 concerning major land partitions, 18.88.080 which related to P- overlay zone performance standards, and 18.88.050.B. 1 Street Standards under Performance Standards which state that street grades are not to exceed 15 % and that no variance may be granted. Emphasized that the steep slope and location in a permafrost area would require additional maintenance on the part of the city and questioned whether the long-term use warrants such costs and potential liabilities. Asked that councilors consider intent of law limiting street grades, and submitted a revised letter outlining their concerns for the record. STAFF RESPONSE: Planning Director John McLaughlin pointed out that there is some confusion with regard to the Ashland Municipal Code as there are sections dealing with street grade in the chapters on partitions, performance standards, and subdivisions. Clarified that the section of the code relevant here states that street grade is not to exceed 10% unless conditions, including topography, make that impractical. Stated that in this instance, the topography necessitates more grade in order to provide practical access to the area. The section of the code cited by Danis does not apply under the staff's interpretation. McLaughlin clarified that the street grade resolution is not part of the subdivision ordinance. McLaughlin confirmed that this slope would not be subject to the Hillside Development Standards ordinance, and that the majority of the street would not exceed 15% when developed. Only the southern section of the street will exceed 15%. Council discussion concerning extension of street with an 18% grade, dead ending down in a small valley. McLaughlin noted that a temporary turnaround could be created, and clarified that the developer had signed in favor of developing the street with a Local Improvement District. Mayor Golden emphasized that these issues were not before council at the present time, that the issue was only the Danis appeal. 6 REBUTTAL: Motjig confirmed that Pat Wolfe wants to develop her property in the future. Stated that a discussion of LID's did not pertain to the issue at hand. Noted that he could try to submit a plan witha lesser street grade but that it would make the Danis driveway even steeper. PUBLIC HEARING CLOSED: 8:52 p.m. (Five minute break at the request of council.) COUNCIL DELIBERATION: Councilor Laws noted that during the break, he had requested that McLaughlin draw up language relative to lot three, specifically limiting further development until Forest Street had been fully extended. McLaughlin presented his proposed change, which would change the second sentence of condition number 2 on page 22 of the record be amended to read, "Forest Street improvements to be constructed in accordance with the approved plan, including full connection to lower Forest Street across tax lot 16AB 1900, prior to the issuance of a building permit or further division of parcel 3." Stated that this is the only way to ensure that the City will not have a street with an 18% grade and no outlet. Councilor DeBoer questioned the possibility of building Forest Street at 18 % as it is currently approved. McLaughlin confirmed that according to staff interpretation, an 18 % grade is acceptable. City Attorney Nolte confirmed that interpreting the ordinance in this manner, with the topography necessitating a steeper grade, was reasonable. Council discussion of the possibility of constructing the street to a lesser grade. Mayor Golden noted that Laws' requested change would disallow further division of parcel 3 prior to completion of Forest Street. Councilor Laws/Hauck m/s to approve the minor !and partition with the addendum requiring full connection of upper Forest Street to lower Forest Street prior to further division of parcel 3. DISCUSSION: Golden noted this would put other parcels at mercy of Pat Wolfe's desire to develop. Councilor Laws questioned whether a street dedication could be obtained at this time. Questioned whether a developer could be required to meet half-street standards, without an LID, before any development occurred on parcel 3. Laws questioned how these issues would affect the Keevil property's development potential. Wheeldon questioned if this goes far enough to getting long term development of area, suggesting some sort of reimbursement. McLaughlin explained that there is currently no type of reimbursement mechanism in place that would allow development now to be repaid as future parcels are developed. Mayor Golden questioned placing such requirements on a parcel prior to partitioning or development. Nolte noted that this was questionable; McLaughlin explained that in this case the requirement related to development of the current parcel and Nolte confirmed this to be correct. Councilor Hagen questioned tying up lot 3 with the Wolfe property, and McLaughlin responded that there was another possibility, if partial improvements were allowed, so that an engineered gravel roadbed with no asphalt was installed to provide secondary access to the area. Councilor Wheeldon suggested flag drive, and McLaughlin confirmed this would be possible. Noted also that there could be no further division by Wolfe without street dedication. Roll call vote: Laws, DeBoer, Hauck YES. Hagen and Wheeldon, NO. Motion passed 3-2. City Council Meeting 12-16-97 7 PUBLIC FORUM Joe Eckhardt/108 Bush St./Discussed his request that copies of the applications and resumes of the finalist candidates for the City Administrator position be provided to the Ad Hoc Communications Committee so that they might submit a recommendation to the mayor and council on behalf of the citizens of Ashland. Suggested that he would be willing to postpone further discussion until the next council meeting due to the late hour. Mayor Golden declined to release any such information as she felt an obligation to protect the privacy of the applicants. Councilor Laws stated that there was no basis for the Communication Committee to be involved in the selection process at this stage. NEW AND MISCELLANEOUS BUSINESS 1. Council Election of Chair to City Council. Councilor Hagen/Hauck m/s to elect Councilor Wheeldon as Chair to City Council. Voice vote: all AYES. Motion passed. 2. Consideration of a revised Financing Plan for the future City Hall remodel. Discussion of postponing this issue until next meeting or dealing with the issue now. Councilor Laws suggested that council recognize that alternative financing options are unavailable, and stated that council should adopt the staff proposal and finance methods presented in August for completion by 2003-2004. Noted that further postponement would be counterproductive to the project. Councilor Wheeldon noted a need to deal with the space needs of Public Works and the Fire Department as well as City Hall. (No action taken at this time.) 3. Establish a date for Council Goal Setting for FY 1998/99. The date for Council Goal Setting for fiscal year 1998-99 was tentatively set as February 4th, with January 28th as a possible alternative dependent on Councilor Reid's schedule. It was also suggested that a facilitator be hired to conduct this meeting, if one would be available on such short notice. ORDINANCES, RESOLUTIONS AND CONTRACTS Second reading by title only of "An Ordinance Amending Sections 11.54.030 and 11.54.050 of the Ashland Municipal Code to Remove Helmet Requirements on Sidewalks and to Reduce Criminal Penalties for Skateboard Violations in the Downtown Area." Councilors Hagen/Hauck m/s to adopt the ordinance. Roll call vote: DeBoer, Hauck, Hagen, Wheeldon, and Laws, all YES. Motion passed. Second reading by title only of "An Ordinance Amending Section 18.84.050.A of the Ashland Municipal Code - Land Use Ordinance, Amending the Required Minimum Size for a Manufactured Housing Development Site to be Not Less than One Acre." Councilors Hauck/Wheeldon m/s to adopt the ordinance. Roll call vote: DeBoer, Hauck, Hagen, Wheeldon, and Laws, all YES. Motion passed. 3. Ratification of labor contract with Ashland Firefighters Association. Councilors Wheeldon/Hauck m/s to authorize the City Recorder and Interim City Administrator to sign the labor contract with the Ashland Firefighters Association. Roll call vote: DeBoer, Hauck, Hagen, Wheeldon, and Laws, all YES. Motion passed. 8 Reading by title only of "A Resolution Authorizing and Ordering the Local Improvements for Westwood Street from Orchard Street Southerly 1,300 Feet for the Westwood Street Local Improvement District and Authorizing the Assessment of the Cost of the Improvements consisting of Curbs, Gutters, Storm Drains, Paving and Sidewalks against Property to be Benefitted and Providing that Warrants Issued for the Cost of the Improvement be General Obligations of the City of Ashland." (Dealt with at the Public Hearing as noted above.) OTHER BUSINESS FROM COUNCIL MEMBERS None. ADJOURNMENT Meeting was adjourned at 9:52 p.m. Barbara Christensen, City Recorder , M'~ayor~&~~ City Council Meeting 12-16-97 9