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HomeMy WebLinkAbout1991-0205 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL FEBRUARY 5, 1991 CALL TO ORDER - Mayor Catherine Golden called the meeting to order and led the Pledge of Allegiance at 7:38 PM on the above date in the Council Chambers. Laws, Reid, Acklin, Winthrop and Arnold were present. Willlares was absent. CONSENT AGENDA - Mayor Golden noted that a letter from David & Carolyn Shaw was on the table requesting reconsideration of appeal for a variance on property located at 673 Siskiyou Blvd. (Item 5 on the Consent A,genda). Reid asked that Item 7, Confirmation of appointment of Keith E. Woodley as Fire Chief, and authorization to sign employment agreement be pulled for discussion. Mayor asked if Item 5 would be pulled as well and Acklin moved to approved Items 1 through 4 and 6 and Arnold seconded. All ayes. Item 5 was postponed until later in the meeting and regarding Item 7, Reid asked how Woodley's salary range was determined. Almquist said a survey of 10 other cities showed an average salary of $53,394, Ashland's range was 46,788 to 54,864 so it was agreed to pay Woodley $52,752. Reid moved to approve Item #5 and Winthrop seconded, all ayes on roll call vote. APPROVAL OF MINUTES - Laws moved to accept the Minutes as presented and Arnold seconded. All ayes on voice vote. PUBLIC HEARINGS A proposal to close S. Pioneer St. to motor vehicle traffic from the Park & Recreation Dept. offices to the first house. Ken Mickelsen, Director of Park and Rec. summarized the request stating approval of the Planning, Bicycle, Traffic Safety Commissions. Slides were shown of the hazards of S. Pioneer. The public hearing was opened. Barbara Wight, 180 Vista, knows of only one accident in the 30 years she's lived there. She said she was never notified even after protesting at the very onset of the proposal. She reminded Council that this is an access to the park for people who do not have any choice but to drive. It is also the route people take to avoid the congestion downtown, which will get even worse when the Plaza is renovated. She said Fork St. also becomes a dirt road and is far more dangerous than S. Pioneer but people will use it if S. Pioneer is closed. A resident on S. Pioneer suggested S. Pioneer be made one way so that joggers, bikers and walkers can be accommodated. She never saw a problem like shown in the slides where a car is forced into the ditch. Claudia Everett, 138-140 S. Pioneer, has agreed to work with city regarding an easement for a cul-de-sac but didn't want to feel forced into a decision. Winthrop asked if she is in favor of closing the street and, after some hesitation, she said yes but was unsure of the repercussions. Lee Howard, Parks Commissioner, made it clear that this was to be a temporary measure for two years. The public hearing was closed. Reid asked if other needs arose, could the street be opened and Mickelsen said yes. The reason the Park Commission recommended a temporary closure was so that the street can remain a dedicated street. The street will not be vacated. Winthrop asked for a ball park figure for the proposed cul-de-sac and questioned if it was being considered in Park's budget? Mickelsen said Engineering would have to work up cost proposal and the source has not been determined. Reid felt the road would be safer if closed but was concerned with pedestrian/biking accidents. She urged staff not to neglect this issue when determining the proposed turnaround so as not to create a hazard. The Mayor liked the suggestion of the Regular Meeting - Ashland City Council - February 5, 1991 - P. 1 street being one way because it was more predictable and suggested doing it on a trial basis. Planning Director Fregonese said a one way street usually allows a return couplet but would be inappropriate in this case. Howard noted if the street was made one way, it should be paved and that would be costly. Acklin said she drove around S. Pioneer and felt she was the only car using that street and she also had budget concerns and felt a two year trial was too ambitious and suggested a 3-6 month trial while budget items are considered by Park Commission. Arnold said closing the street won't work without providing a cul-de-sac, and he sympathized with people who are forced to drive. Mickelsen suggested that it be considered in next year's budget as a Council goal. The Park Commission looked at the one way option but didn't feel it would be feasible. Reid said it's dangerous to drive and more dangerous to walk with blind curves, and felt a one way situation still jeopardized users. Acklin moved to make S. Pioneer temporarily one way into Granite Street for 6 months and look into future plans to accomplish closure after researching costs. Laws seconded. Laws said walkers and joggers don't seem too intimidated and felt one way would be much safer than the existing situation. The motion failed with Reid, Winthrop and Arnold voting no and Laws and Acklin voting yes. Arnold moved to postpone the issue and request that the Park Commission come up with a full proposal for a budget before presenting it to Council again. All ayes on roll call vote. Appeal of PA No. 90-218 for final plan approval on Logan Drive, Appellants Steve and Crissy Barnett. The Mayor asked the public to address the criteria only, any variance from that may be stricken from the record. She noted the huge volume of information in the packet and was sure all issues had been addressed already. Reid asked Fregonese what opportunity does person have to appeal the outline plan? Fregonese said outline plan is planning action in its own right and can be appealed following the procedures for appeal as outlined in the land use ordinance. Winthrop said he visited the site for the third time with Public Works Director Steve Hall. Arnold visited site and received material from Barnetts not included in the packet, Reid visited site and got material, Laws got material, Acklin drove by but didn't get material, Mayor drove by the site. Fregonese summarized substantial conformance of comp plan referencing page 16 of the Outline Plan record. Erosion control and street grade bear on this decision. Council needs to determine if these two issues are in substantial conformance with the Outline Plan. He said issues of safety are superfluous at this point because they were dealt with in the Outline Plan. The public hearing was opened. D'WAYNE SCHULTZ, Attorney for the applicant, asked that all documents be included in the record. The proposal determined at least two plausible locations for the proposed subdivision, and was sent back to the Planning Commission for a decision. Two public hearings were held and they did establish the location of the intersection and determined the present location was, in fact, in substantial conformance with outline plan. Planning Commission refused to allow certain documents in the file saying they didn't seem necessary. Appellant doesn't specify what data would have been relevant for the decision. The Applicant did what was asked and was approved. TOM HOWSER, Appellant's Attorney, asked that maps be made part of the record. He said the requirements of the original outline plan have not been met. The location of the road was moved without notification. At least two portions exceed the maximum 15% grade and proposal does not meet standards. The material delivered by the Barnetts is included in the record. ROBERT BLANTON, Consulting Engineer in Medford, was asked to review the proposal for conformance of original conditions of approval. He said they do not conform, that the approach exceeds the minimum required 15% by one full 6th or 7th. It is not safe. Mr. Hall's comments require 200-300 feet, applicant has 90. It does not have proper site distances but said changes were possible to make it work. ROGER KAUBLE, Engineer, 173 E. Hersey, Regular Meeting - Ashland City Council - February 5, 1991 - P. 2 admitted to making an error in his calculations but his intention was to meet full criteria. When road is finally built, he guarantees it will be no greater than 15%. ED HOUGHTON, 185 Scenic, referenced the blown up photos and said the stop sign is temporary. JOANNE HOUGHTON, 185 Scenic, said this is the seventh public hearing on this matter. She felt they did what they were supposed to do and received Planning Commission approval. She recommended that Council uphold the Planning Commission decision and give endorsement to this project. JOHN BARTON, 300 Kent St., noted that City takes steps to insure that standards are met and the application went through all the hoops and was approved by staff, the Planning Commission and Public Works Director. TIM CUSICK, 167 Church, 300' from proposed street, felt application is in substantial compliance. JONATHAN LANG said the applicants have continued to satisfy requests of the Planning Commission during the democratic process while the appellants have shifted. D'WAYNE SHULTZ, rebuttie, said it was not Council's job to try to resolve technical data. Almquist noted four letters and a petition be made part of the record. Fregonese said street standard is 125 feet for distances between intersections of streets and the Planning Commission's direction to move the street was not part of the outline plan. Also, that 35 feet and 6% grade are not standards, but was advice given to Planning Commission from Asst. City Engineer. The difference is 6.6% as opposed to 6%, and is a condition of approval but not a standard from the municipal code. The public hearing was closed. The Mayor entertained a motion. Winthrop felt the application was not in conformance. No one has stated the road exceeds 15% from center line. Fregonese said there is some latitude to interpret the information, and that the difference between 6% and 6.6% is just a matter of inches. Certainly changes can be made but City Attorney needs to made the call. Salter interpreted that it implied "not strict but substantial conformance". Winthrop moved to reject the appeal, and approve PA 90-218 and adopt findings and Acklin seconded. Arnold asked how Winthrop came to that conclusion when Kauble and Blanton admitted it does not conform? Winthrop supported Salter's response. Reid said subdivision has been controversial from the very beginning and Council needs to look at overall hillside zoning. The Houghtons acted in good faith through the whole process and she intended to support the motion. Arnold wants the same result but felt this was a touchy matter and recommended a condition that if appealed to LUBA, the City does not spend any money on it. Salter felt it would not go to LUBA but rather to the Circuit Court. Fregonese directed Council to ask applicant to amend the findings and resubmit them. Winthrop amended his motion and Acklin seconded. Arnold voted no and the rest ayes on roll call vote. After a break, Mayor said there might be a misunderstanding and just wanted to clarify that the previous motion was to approve plan without conditions. Arnold said it would improve Council's record if someone moved to reconsider bringing in another drawing that met the 15% grade requirement. Winthrop felt it was benign according to Salter's comments and decided not to reconsider. Laws moved to suspend the rule for public hearings and Winthrop seconded. Arnold thought it was not suspendable, but after discussion, the vote was unanimous to suspend on voice vote. Appeal of PA No. 90-182, final plan approval on Roca St., Appellants D.K. and Lois Pischel. Mayor read the criteria for Final Plan Approval and insisted any testimony departing that would be stricken from the record. Fregonese again said final plan approval depends on substantial conformance with outline plan. Reason for appeal is that the Planning Regular Meeting - Ashland City Council - February 5, 1991 - P. 3 Commission failed to comply with the density standards, Section 18.88.040 of the Municipal Code, "...minimum lot size for one unit shall be same as in parent zone." Planning Commission recommended approval and the staff report includes the conditions. If Council agrees to uphold the Planning Commission's decision, Fregonese asked they consider the conditions in Addendum 2 and allow staff time to prepare the findings. The public hearing was opened. JOHN HASSEN, Applicant's Attorney, 129 Oakdale, Medford, asked that all exhibits be made part of the record. Record shows applicant is in substantial conformance with Outline Plan and the Appellant's argument regarding Chapter 18.88.080(b) is clear. The intent of the whole PUD concept is that developers would have incentives to provide for open space, i.e., density bonuses. The developer planned 17 units but was allowed 20. If the lot had to be same size, bonus points could not be achieved. Lot 9 and Lot 12 are both over minimum lot size of parent zone. Appellant interpreted the Chapter literally. GARY PETERSON, Attorney for Appellants, said final plan approval is, in fact, in conformance with the outline plan. The basis for the appeal was a discrepancy in the lot size allowed. Laws felt this matter should be appealed to court, not Council. Chapter reads that developments only in the P-overlay zone should be processed in this chapter. The argument is only "one" must comply with same size as parent zone. HARVEY DAVIS, 950 Morton, representing Alan Sandler who doesn't want 17 homes because more growth puts a hardship on Ashland's limited resources. He read a letter from Fire Chief Lee Roy King, addressing fire safety, access, and the narrow, steep terrain, and slope leading to this development, stating 15% should be maximum. King thought it may cause serious problems in the winter. Neighbors are concerned and want to reduce the density of the subdivision. JOHN HASSEN's rebuttie was that all matters were covered originally and don't relate to conformance with final plan approval. He said Mr. Peterson wants a literal interpretation of Chapter but also wants to change "one" to "each". The public hearing was closed. Laws moved to deny the appeal and uphold the Planning Commission's decision including conditions of approval in Addendum 2, and follow process for staff to prepare findings. Arnold seconded. Laws commented that he was on Council when this ordinance was written. The legislative intent was to allow smaller lots in exchange for density points. The motion carried, all ayes on roll call vote. UNFINISHED BUSINESS Crowson Road Annexation, adoption of findings. Arnold seconded, all ayes on roll call vote. Laws moved to adopt the findings and NEW AND MISCELLANEOUS BUSINESS Election of Budget Committee Members - 4 vacancies, two 3-year, one 2-year and one 1- year. For first 3-year term: Winthrop nominated Lois Wenker, no other nominees, all ayes on voice vote. Second 3-year term: Golden nominated John Riordan, Laws nominated Glenda Galaba, Acklin nominated Gene Morris. Acklin moved to close nominations, Laws seconded, all ayes. Glenda Galaba was voted in by Laws, Reid, Golden and Winthrop. Two-year term: Golden nominated John Riordan, Acklin nominated Mary Lowrance-Dennison, Arnold nominated Jim Hibbert. It was found that Dennison lives outside of city limits and cannot serve. Golden noted she plans to appoint Jim Hibbert to the Planning Commission. John Riordan won the vote by Reid, Winthrop, Golden and Acklin. One-year term: Reid nominated Anne Meredith, Laws nominated Dan Rails. Winthrop nominated Gene Morris. Reid and Golden voted for Meredith, Laws and Arnold voted for Dan Rails, and Acklin and Winthrop voted for Morris which tied the all votes. A second vote was taken and Reid and Mayor voted for Meredith and Laws, Acklin and Arnold voted for Rails, who was elected. Regular Meeting - Ashland City Council - February 5, 1991 - P. 4 Intergovernmental Agreement with Phoenix and Talent for building inspection services. Almquist read a memo dated Jan. 28 to Council from John Fregonese and said basically Ashland would break even and not get involved in any enforcement. Almquist feels we can handle the increase. Winthrop moved to approve, Arnold seconded, all ayes on roll call vote. Authorization to sign letter of understanding for construction of Mountain Avenue Substation. Almquist talked generically saying no specific location has been determined. Residents on A Street felt they should have been notified. BPA will return on Monday, February 1 lth, for the third and final public information session between 5:00-6:30. He encouraged Council to attend. Residents on Mountain Ave. out to the freeway as well as A St. and homes adjacent to other locations will be notified. Dave Sebrell, Mountain Ave., spoke against the proposed site on Mountain Avenue. He talked with Almquist on the phone and got the impression that the location site had been chosen and there was nothing Sebrell could do about it. He was told Council had not seen the environmental assessment from BPA yet. Sebrell called Southern Pacific who said offer has been made by City for the property next to his house. BPA got permission from SP to go onto property to do soil testing. SP said City began condemnation procedures to obtain soil samples and pursue the matter. Sebrell reiterated that no one was against building a substation, but did not agree with the location choices. He was told no selection of the site would be made until environmental assessments have been made. Reid recalled that condemnation could be used to get rights to the site to do soil samples but that did not commit the location. The site on Mountain is zoned correctly. Winthrop said no one is rushing the health issue regarding implications of EMF. BPA has to favor the site and the utility company (Council) needs to approve it. A copy of EPA's report will be included in the record. Winthrop said no one is going to be acting before the environmental assessment but the agreement before them tonight was to approve equipment that would be suitable for any site. Winthrop moved to continue the meeting, Acklin seconded, all ayes. Laws wanted to postpone the signing of the authorization, but Almquist assured him that signing had nothing to do with committing any location. AI Williams, Electric Utilities Director, said the reason for the agreement was to get the material ordered because it takes 6-9 months to receive. Laws asked who has final say and Willjams said BPA does but City can withdraw. Ann Bass, 270 A St., asked if equipment requirements were good for any location and Williams confirmed. Betty Camner, 868 A St., agreed we needed a new substation but didn't like the choice of sites. Betsy Anderson, 854 A St., lives 300' within site and has concerns. Acklin encouraged everyone to attend the meeting on the 1 lth and moved to authorize signature of agreement, Winthrop seconded, all ayes on voice vote. PUBLIC FORUM - No comments. ORDINANCES, RESOLUTIONS & CONTRACTS Second reading by title only of ordinance amending Section 2.48.010. approve and Winthrop seconded, all ayes on roll call vote. Acklin moved to First reading by title only of ordinance amending manufactured housing chapter. Winthrop moved to second reading and Arnold seconded, all ayes on roll call vote. First reading by title only of ordinance amending Traveller's Accommodations Chapter. Arnold moved to second reading, Acklin second. Reid said even through she voted for it last time, she thought it was a compromise and would vote against this time. Motion carried with Reid dissenting. Regular Meeting - Ashland City Council - February 5, 1991 - P. 5 First reading of ordinance amending rules of Council with respect to public hearings. Almquist read the ordinance and Acklin moved to second reading, Winthrop seconded, all ayes on roll call vote. First reading by title only amending chapter concerning bicycle parking and street standards. Acklin moved to second reading, Winthrop seconded, and all ayes of roll call vote. Resolution authorizing an amendment to power sales contract with BPA. Acklin moved to adopt, Winthrop seconded, all ayes on roll call vote. (Reso. 91-02) Resolution expressing support for continuation of Martin Luther King, Jr. Holiday activities. Laws asked why this was necessary and Mayor said Dr. Daggett requested that the City make it official. Arnold moved to adopt, Winthrop seconded, all ayes on roll call vote. (Reso. 91-03) OTHER BUSINESS FROM COUNCIL MEMBERS - Arnold noted that Council needed to discuss the Shaw letter. Winthrop moved to put it on the agenda, Reid seconded, all ayes of voice vote. Reid thought it was worth taking another look. Mayor said it does not address paving of alley. Winthrop didn't want the issue of affordable housing to become an excuse to side step planning procedures. Reid said she wasn't interested in punishing the applicant, that she reconsidered the application and decided she would like to see the unit come on to Ashland's market. Laws moved to adjourn, Acklin seconded, all ayes on voice vote. ADJOURNMENT - The meeting adjourned at 11:30 P.M. Nan E. Franklin City Recorder Catherine M. Golden Mayor Regular Meeting - Ashland City Council - February 5, 1991 - P. 6