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HomeMy WebLinkAbout1989-0103 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL JANUARY 3, 1989 OATH OF OFFICE ROLL CALL APPROVAL OF MINUTES Judge Allen Drescher recited the Oath of Office and swore in the following elected officials: Parks Commissioners Lee Howard, Julie Reynolds and Pat Adams; Councilors Michael Donovan, Rob Winthrop and Greg Williams, and Mayor Catherine Golden. Mayor Golden led the Pledge of Allegiance and called the meeting to order at 7:30 P.M. on the above date in the Council Chambers. Donovan, Reid, Williams, Acklin, Winthrop and Arnold were present. Williams noted the name of an appointee to the ad hoc Halloween Committee should read "Michael Yondorf" instead of "Michael Rolar". Reid moved to approve the corrected minutes of the regular meeting of December 20, 1988; Williams seconded the motion which passed unanimously on voice vote. MAYOR'S ADDRESS COMMITTEE APPOINTMENTS LIAISON ASSIGNMENT8 Mayor Golden gave her Annual Address, a copy of which is attached to these minutes for the record. Mayor Golden submitted a list of proposed appointees to the various boards, commissions and committees. Reid requested the approval be delayed and a discussion be held on limiting the terms and making residence in the city for one year a requirement for appointment. Acklin asked that Brent Thompson be re-appointed to the Planning Commission, and the remaining appointments be delayed until the next meeting. Arnold so moved and Winthrop seconded the motion which passed unanimously on voice vote. Donovan requested information on how long the incumbents have served on committees. Mayor Golden then announced the Council liaison appointments as follows: Acklin - Hospital Board and Chamber of Commerce; Arnold - Traffic Safety Commission and Audit Committee; Donovan - Down- town Plan Advisory Committee, Rogue Valley Council of Governments and Senior Program Board; Reid - Parks Commission, Historic Commission and Bear Creek Greenway Committee; Williams - Bikeway Commission and Airport Commission; Winthrop - Planning Commission and Band Board. Golden will serve as liaison to the Economic Development Commission and the Visitors & Convention Bureau. Acklin moved to approve the liaison appointments; Arnold seconded the motion which passed unanimously on voice vote. 1/3/89 P. 1 Reqular Meeting Ashland City Council 1/3/89 P. 2 COUNCIL ELECTION: Council Chair Reid moved to elect Acklin as Council Chair, Williams seconded the motion which passed unani- mously on voice vote. Budget Committee Reid nominated Don Laws to the Budget Committee to fill a vacancy left by Cathy Golden. Williams seconded the nomination which carried unanimously on voice vote. Williams nominated Dee Selby to a three-year term expiring 12-31-91. Acklin seconded the nomination which passed unanimously on voice vote. Donovan nominated Rose Otte to fill a two year term vacated by Lee Howard. Williams seconded the nomination. Arnold nominated Andre Allen for the same position. On roll call vote the nomination for Otte failed as follows: Donovan, Williams and Acklin, YES; Reid, Winthrop and Arnold, NO; Golden broke the tie with a NO vote. The motion to appoint Andre Allen passed unanimously on roll call vote. Reid nominated Rose Otte for a three-year term and Arnold nominated Art Phillips. Otte was appointed on roll call vote as follows: Donovan, Reid and Winthrop, YES; Williams, Acklin and Arnold, NO; Mayor Golden broke the tie with a YES vote. PUBLIC HEARINGS: Bluebird Park Land Exchange Almquist said the purpose of the land exchange is to improve the access to Bluebird Park, which is part of the Downtown Plan. A letter from the Parks and Recreation Commission dated November 8, 1988 was read requesting approval of the exchange. Other items in the record included photos, an appraisal and the agreement. Fregonese showed a map of the area and the proposed improvements. The public hearing was opened and there was no comment from the audience. Reid moved to approve the agreement and authorize the Mayor and City Recorder to sign same, provided an easement is signed by the property owner, and authorize the Mayor and Recorder to sign the easements; and find that the subject properties are of equal value and equal recreational utility. Arnold seconded the motion which passed unanimously on voice vote. Appeal - Planning Action #88-149 A letter was read from Lee and Paula Hill, 523 Terrace St., appealing a decision of the Planning Commission denying a minor land partition at 523 Terrace St. Items included in the record were noted. Planning Director Fregonese said a decision should be based on criteria for a minor land partition. He said the Council received the complete record, this is a de novo hearing and new testimony can be heard. On a question from Mayor Golden concerning formation of an L.I.D., Fregonese said the applicant signed in favor of 1/3/89 P. 2 Regular Meeting PUBLIC HEARINGS: P.A. #88-149 Ashland City Council 1/3/89 P. 3 (Continued) improvements, but an L.I.D. was not proposed at the present time. Golden, Winthrop, Williams, Reid and Donovan visited the site. Donovan said he observed more traffic using the Granite to Glenview route. Carlyle Stout, 31 Newtown, attorney for the applicant, feels the Planning Commission denial was not appropriate because all the requirements were met, and the 20 foot access does not, by ordinance, have to be the most likely traveled route. The following items were read into the record: A petition signed by 16 Terrace Street residents and one Glenview Dr. resident stating the route most traveled was Granite to Glenview; letters in support of the project from Larry Medinger, 520 Terrace St., Marilyn Briggs, 590 Glenview Drive and Andrew Fletcher, 609 Terrace. Winthrop said the issue is access and the Planning Commission has consistently said the most direct access should be the key route. The public hearing was opened. Michael Foley, 439 Terrace St., objects to the minor land partition and feels the City needs more park land. Ken Harris, 401 Terrace, spoke of the availability of water and sewer services. He said it would be nice to retain Terrace as it is, but property owners have rights. Ron Kelso, 220 Patrick Lane, is concerned with property owners rights and would like to see the ordinances clearer so interpreta- tion is not such an issue. Stout said a letter dated 12-22-88 from Public Works Director Hall said there would be no problem with services. Fire Chief King said there is a water shortage in the area but there has been no problem with fighting fires there, and on a question from Reid said there are fire hydrants on the upper end of Glenview. There being no further comment from the audience, the public hearing was closed. Williams feels the Granite to Glenview route is safer and more pleasant than using Fork St. Arnold said the Glenview access meets the criteria and he will vote to uphold the appeal. Winthrop feels this will set a precedent and he will uphold the Planning Commission decision. Acklin feels the ordinance should be clearer, and will vote to uphold the appeal. Donovan said Fork Street is narrow and closed off a good part of the time, and will vote to uphold the appeal. Arnold moved to uphold the appeal finding that criteria F has been met and adopt the conclusions and recommendation of staff. Williams seconded the motion which passed as follows on roll call vote: Reid, Williams, Acklin, Arnold and Donovan, YES; Winthrop, NO. Fregonese said the findings will show the logical access is Glenview to Granite. /3/89 P. 3 Regular Meeting Ashland City Council 1/3/89 P. 4 PUBLIC HEARINGS: Appeal - Planning Action #88-131 (Continued) Letters of appeal from a Planning Commission decision approving a four-lot subdivision on Loop Road, East of Terrace Street were received from the law firms of Foster, Purdy, Allan & Peterson and Jacobson, Jewett & Thierolf representing Craig and Beth Martin and other area residents. Items included in the record were noted. Planning Director Fregonese said access is the main concern and access would normally be Terrace Street. The ordinance requires a 20 foot paved access to the subdivision. On a question from Reid, Fregonese said the 40% slope is permissible. Winthrop declared he had a brief conversation with Tim Rutter regarding retaining walls; and said he voted to approve the project while on the Planning Commission. Reid visited the site and talked with several people in the area. Golden talked with Maureen Sever and Beth Martin, appellants, and made a site visit. Williams and Donovan visited the site. Winthrop said a Planning Commission concern was who will pay for improvements, and obtaining a geology report prior to paving. Public Works Director Hall said the paving can be done, but expertise is needed to determine how to protect slopes. On a question from Acklin as to the importance of improving Terrace St., Hall said it is important that Terrace and Ashland Loop Road be paved in the future. Terrace provides access to the reservoir and pump station. The public hearing was opened. John Hassen, 129 N. Oakdale, attorney for applicant Dean Royce, said Royce went through the pre-application process and was told the land could be divided. He asked that the following be entered into the record: Planning Commission unanimously approved the project with the condition that Terrace St. be improved, the applicant agreed to do a geology report, and the conditions of approval have been met. Dale Hofer, Marquess & Associates, said the guidelines of the Performance Standards Options were followed, and reported on technical aspects of the project. Hassen entered into the record letters in support of the project from Parker McCreary, 495 Jennifer and Charles Petty, 475 Jennifer. A letter from Marilyn Briggs, 590 Glenview Dr., was read into the record in support of paving Terrace and Ashland Loop Rd. to the Park Estates subdivision. Gary Peterson, 201 W. Main, Medford, representing the appellants, expressed the concerns of the area residents including: diminished property value, removal of vegetation and screening, more and faster traffic, and no desire for an L.I.D. On a question from Winthrop concerning the neighbors objection to the project, Peterson said the 1/3/89 P. 4 Regular Meeting Ashland City Council 1/3/89 P. 5 PUBLIC HEARINGS: P.A. #88-131 (Continued) neighbors do not feel the proposed subdivision will be compatible with the neighborhood. Williams moved to extend the meeting one-half hour, Winthrop seconded the motion which passed unanimously on voice vote. Dr. Marvin Woods, speaking on behalf of his parents who live at 695 Terrace, spoke in favor of paving Terrace. B.G. Hicks, a registered geologist, showed slides of the slopes and said a stability analysis should be done. Marilyn Briggs, 590 Glenview, suggested using terraced slopes and retaining vegetation. Jessie Fitch, 605 Terrace, feels the project would ruin the feeling of the neighborhood. Donovan moved to extend the meeting another one-half hour, Williams seconded the motion which carried unani- mously on voice vote. Acklin moved to continue the public hearing to February 7, 1989 at 7:30 P.M., Arnold seconded the motion which passed unanimously on voice vote. Royce agreed to extend the decision date to February 22, 1989. COMMUNICATIONS, PETITIONS & REMONSTRANCES: Pavement Cut A request was received by C.P. National to cut Request pavement under moratorium until July 18, 1989, at 801 Pinecrest Terrace for a new gas service. Arnold feels the moratorium should be upheld and moved to deny the request. Williams seconded the motion which passed unanimously on voice vote. Liquor License Williams moved to approve a liquor license appli- cation from The Immigrant Restaurant, 19 N. First Street, and Acklin seconded the motion. Arnold said the applicant is a client of his law firm. The motion passed unanimously on voice vote. Orchard St. L.I.D. Set Public Hg. A resolution was read setting a public hearing for February 7, 1989 concerning improvements on Orchard Street. Winthrop noted a correction on the public hearing notice whereby the estimated cost of $20.095 should be $20,095. Arnold moved to adopt the resolution and Acklin seconded the motion. Acklin then requested the date of the hearing be changed to February 21, 19~9. Arnold agreed to the amendment and the motion passed unanimously on roll call vote. (Reso. 89-02) NEW & MISCELLANEOUS BUSINESS: Hargadine Cemetery A memo was received from City Attorney Ron Salter concerning acquisition of the title to the Hargadine Cemetery. Reid moved to instruct Staff to write to Rep. Nancy Peterson requesting her assistance. Acklin seconded the motion which passed unanimously on voice vote. 1/3/89 P. 5 Regular Meeting Ashland City Council 1/3/89 P. 6 NEW & MISCELLANEOUS BUSINESS: Physician Advisor Compensation (Continued) Fire Chief Lee Roy King requested compensation for Dr. Richard Morris, the City's physician advisor, to help offset his costs for liability insurance and seminars. Council asked for further information on his out-of-pocket expenses and credentials. PUBLIC FORUM No response. ORDINANCES, RESOLUTIONS & CONTRACTS: Banking Signatures A resolution was read authorizing signatures for banking services. Arnold moved to adopt same and Winthrop seconded the motion. It carried unani- mously on roll call vote. (Reso. 89-01) OTHER BUSINESS FROM COUNCIL MEMBERS: Study Session A joint study session with the Planning Commission was set for Saturday, February 18, 1989. ADJOURNMENT The meeting adjourned at 11:55 P.M. Nan E. F~nklin City Recorder Catherine M. Golden Mayor 113189 P. 6