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HomeMy WebLinkAbout1989-1121 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL NOVEMBER 21, 1989 PLEDGE OF ALLEGIANCE Mayor Catherine 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, Williams, Acklin, Winthrop, and Arnold were present. Reid was absent. APPROVAL OF MINUTES Winthrop said the first word in the eleventh line of the second paragraph on page four should be "Carl" not "Carol". In the second paragraph of page two, Golden asked that the record reflect her question on the inconsistencies in the inventory of E-1 lands. Donovan noted the misspelling of Leslie Belew's name in the third paragraph on page two. Arnold amended the fifth sentence in the third paragraph on page five to read as follows: "Arnold said the area is very visible from most places in Ashland and the most certain way to stop possible clearcutting ...". He also amended the 16th sentence in that paragraph to read as follows: " Arnold said injunctive relief .oo, probably cannot be sought concerning the issues raised by Mr. Blackburn because ...". The minutes of the regular meeting of November 7, 1989 were approved as amended, along with the minutes of the Executive Session. CONSENT AGENDA Williams moved to approve the consent agenda, which includes Minutes of Boards, Commissions, and Committees, and Departmental Reports - October 1989, Donovan seconded and the motion carried on voice vote. PUBLIC HEARING8 Annexation of 22.64 Acres N.E. of Dead Indian Road (City of Ashland) Planning Dir. Fregonese said C.P.A.C. and the Planning Commission approved the annexation, and then reviewed the Findings. On a question from Winthrop, Public Works Dir. Hall said the water main extends to the access road, and sewer is presently septic and holding tanks. The public hearing was opened. Merle Mills, Chairman of the Airport Commission, said the Comm. supports an E-1-A zoning, the reasons being: 1) to show land has aviation compatible purposes on FAA grant applications; and 2) that there is an immediate need for hangar space which is not eligible for FAA grants. Fregonese said the E-1-A zoning is a good idea and can be set up as an overlay zone in the new Airport Master Plan, and rezoned when that document is completed. Regular Meeting - Ashland City Council - November 21, 1989 - P. 1 City of Ashland Annexation (Continued) Winthrop feels the overlay zone is a good idea. Golden said possibly other surrounding E-1 lands can be so zoned. Acklin moved to direct Staff to bring back the appropriate ordinances, Donovan seconded and the motion passed unanimously on roll call vote. Zone and Comp. Plan Map Change - 10.64 acres on N. Mountain (City of Ashland) Fregonese gave the background of this action which will take the density across the zoning line on the subject parcel, in order to provide Mr. Beagle, the owner, with the same density as was available prior to adoption of the FEMA floodplain boundaries. The public hearing was opened but there was no comment from the audience. The public hearing was closed and Winthrop moved to direct Staff to bring back implementing ordinances. Acklin seconded the motion which passed unanimously on roll call vote. Proposed L.I.D. on Nevada Street Councilor Williams abstained because he has property involved. Public Works Dir. Hall reviewed the options for financing the improvements, which boundaries include Nevada Street from Ashland Creek to a point 400 feet East of Oak Street. The estimated cost per front foot is $40.00 and 41% of the affected property owners have signed in favor. Golden said systems development legislation can encourage development of property. Hall said City subsidies of arterial and collector streets will be included in next year's budget due to increases in the gas tax and registration fees. Staff will prepare a policy and Golden asked that areas such as Strawberry Lane be considered. The public hearing was opened. Tom Mulholland, 1132 Oak Street, expressed concern about the assessments to his property. City Admin. Almquist told him of the Brancroft plan whereby he could make two payments a year for ten years. Mike Stadtherr, 216 Cambridge St., feels the City should pay a portion of the costs of the arterial section. There being no further public testimony, the hearing was closed. A discussion was held on option no. four, whereby the City would pay a portion of the front foot costs since Nevada St. on either side of Oak St. is either a collector or an arterial, and additional width/strength is required. Acklin is in favor of this option and feels the City should participate. Arnold also feels the City should pay $10 per front foot on both portions. Golden is concerned with assessments to the Keener property and would like the City to also pick up floodplain frontages which cannot be developed. Winthrop agrees with this and option four. Almquist suggested making adjustments for individual property owners when assessments are levied. Donovan agrees with option four and Almquist's suggestion. Staff will bring back the amounts to be levied to property owners at approximately $30.00 a front foot. Arnold suggested Staff meet with Mulholland regarding his concerns about the assessments. Regular Meeting - Ashland City Council - November 21, 1989 - P. 2 UNFINISHED BUSINESS Open Space Program Funding Acklin moved to accept the letter from the Parks and Recreation Commission and place it on file for future discussion. Donovan seconded and the motion carried on voice vote with Williams abstaining. Minimum Street Standards/Minor Land Partitions Public Works Dir. Hall reviewed information contained in the packet. On a question from Golden, he said Bob McCoy's partition on Orange St. would fit the criteria for an exception, except possibly the distance from the nearest street. Ron Kelso, 220 Patrick Lane, feels signing in favor of future improvements is adequate and the proposed standards are over-regulation. Williams questioned the need for paving for minor land partitions and said signing in favor should be adequate. Golden feels systems development charges is a more equitable way of sharing costs. Marcia McNamara, 1007 Ashland St., thinks signing in favor is enough. Bob McCoy, 160 Orange St., said signing in favor for M.L.P.'s and building permits, and forming L.I.D.'s may take longer to get a street paved but makes more sense. Acklin likes the approach but not the outcome and said if 20' streets are provided, owners will not want to pave to 28' widths later. Winthrop moved to request staff to prepare an ordinance with revised criteria to include 20 foot wide minimum surface to nearest collector not to exceed 10% grade and adequate facilities, and otherwise to require signing in favor of future street improvements. Acklin seconded and the motion carried on roll call vote. NEW & MISCELLANEOUS BUSINESS Board of Commissioner,s Letter A letter was received from the Boards of Commissioners of Jackson and Josephine Counties requesting cooperation among government agencies in the Rogue Valley in addressing issues of concern including: solid waste/recycling, air quality, water quality, and public transportation. It was decided that Almquist will respond and notify them of Ashland's activities in each of the areas noted. Golden thanked Williams for his work with the Council of Governments. Air 0ualitV Enhancement Measures Energy Conservation Coord. Dick Wanderscheid requested that a curtailment ordinance be put before the voters which will include banning the installation of non-certified woodstoves in Ashland. Donovan and Winthrop agreed with placing the issue on the ballot. Willstatter, 128 Central, said the R.V.T.D. levy is on the March A1 Regular Meeting - Ashland City Council - November 21, 1989 - P. 3 Air Oualitv (Continued) ballot which will be a good time for this issue. Louis de Croce, Jr., noted that a number of people make a living cutting firewood. Golden said this area has two years to deal with the air quality issue before State or Federal agencies will take over. Sam Conner, 2404 Siskiyou Blvd., asked that existing stoves be grandfathered in for those whose only source of heat is wood. Winthrop said the restrictions will apply to only new stoves. Robert Johnson, N. Mountain Ave., commented that Ashland does not have a problem with woodstove smoke. Wanderscheid will bring an ordinance back to Council in January. Problem Sanitary Sewers A list was submitted and placed on file for future consideration. Traffic Safety Commission Appointment Mayor Golden requested approval of her appointment of Jim Sims to the TSC. Acklin moved to approve same, Williams seconded the motion which carried on voice vote. Donovan requested that Council be notified of commission and committee vacancies throughout the year. Golden said a Street Tree Commissioner is needed and a Hospital Board member appointed to the Audit Committee. Downtown Improvements Bid Award Winthrop moved to place this item on the agenda, Donovan seconded and the motion carried on voice vote. Almquist reported that the low bid came in at approximately $94,400 and the engineer's estimate was $110,000. Acklin moved to authorize the Mayor and City Recorder to sign the contract. Winthrop seconded and the motion carried on voice vote. PUBLIC FORUM Ron Kelso read letters he sent to the Planning Dept. concerning the way they were handling questions regarding the proposed open space program. He feels funding should be in place before a plan is proposed. Winthrop feels voters should know what they are funding. Fregonese said Kelso's letter to the editor was unfair. He then told of the conversation which had been overheard by a third party in his office which led to the letter being written. He said his Staff is very careful in talking with citizens about the proposed program. Louis deCroce, Jr., expressed concern that handicapped parking is not enforced. He does not like desecration of the American Flag, and Winthrop said a Congressional Act addressed this. There being no further comment from the audience, the public forum was closed. Regular Meeting - Ashland City Council - November 21, 1989 - P. 4 ORDINANCESo RESOLUTIONS & CONTRACTS Open Burning - Second reading by title only of an ordinance restricting open burning. Acklin moved to adopt same, Donovan seconded the motion which passed unanimously on roll call vote. #2535) (Ord. Cable T.V. Franchise Transfer - Second reading by title only of an ordinance transferring the CATV franchise from Cooke Cablevision to TCI Cablevision of Oregon. Williams moved to adopt same, Donovan seconded and the motion passed unanimously on roll call vote. (Ord. #2536) Adopt State Statutes - Second reading by title only of an ordinance adopting various State Statutes by reference. Donovan moved to adopt same, Winthrop seconded the motion which passed unanimously on roll call vote. (Ord. #2537) Amend Business License Ordinance - First reading of an ordinance amending the Business License Ordinance relative to rental properties. Donovan moved to second reading, Arnold seconded and the motion passed unanimously on roll call vote. Hospital Board Terms - First reading of an ordinance changing the terms of Hospital Board members to four years. Williams moved to second reading, Arnold seconded the motion which passed unanimously on roll call vote. Nevada Street Improvements - First reading of an ordinance authorizing the improvement of Nevada Street from Ashland Creek to a point 400 feet East of Oak Street. Winthrop moved to second reading, Donovan seconded the motion which passed unanimously on roll call vote. Williams abstained. Adroit Annexation First reading of an ordinance annexing 1.03 acres of property on the South side of Washington St. 250 feet East of Jefferson St. Acklin moved to second reading, Winthrop seconded and the motion passed unanimously on roll call vote. First reading of an ordinance withdrawing annexed property from Jackson Co. Fire Dist. No. 5. Donovan moved to second reading, Acklin seconded and the motion carried unanimously on roll call vote. First reading of an ordinance rezoning annexed property from County RR-5 to City of Ashland E-1. Donovan moved to second reading, Winthrop seconded and the motion passed unanimously on roll call vote. Regular Meeting - Ashland City Council - November 21, 1989 - P. 5 Amend Land-Use Ordinance - First reading of an ordinance amending the Land-Use Ordinance with respect to vision clearance, access requirements for multi-family developments, and signage for notice of public hearings. Winthrop moved to second reading and Acklin seconded. Winthrop noted the words "access requirements for multi- family developments" had been omitted from the title of the ordinance. The motion passed unanimously on roll call vote. Land Dedication - Resolution dedicating land for park purposes. item was postponed. This Ruth E. Wilson Trust - A resolution was read releasing claim from the estate of Ruth E. Wilson Trust with regard to a name change for the Church of Christ, Christian. Winthrop moved to second reading, Donovan seconded and the motion passed unanimously on roll call vote. (Reso. #89-43) Ashland Mine Road Improvements - Almquist reported that 64.8% of the affected property was represented by signatures in favor of the improvements. The resolution was read setting the public hearing for December 19, 1989. Acklin moved to adopt same, Winthrop seconded the motion which passed unanimously on roll call vote. (Reso. #89-44) Transportation Utility Fee Increase - Golden noted that the original ordinance called for the funds to be used for maintenance of local streets and related facilities. It was agreed to amend the original ordinance to include bikeway construction. Findings on P.A. 89-161 (Adroit Annexation) - Williams moved to adopt same, Donovan seconded and the motion passed unanimously on roll call vote. Adjourn to Executive Session - The meeting adjourned to Executive Session at 10:23 P.M. under authority of O.R.S. 192,660(1)(h) to consult with legal counsel concerning possible condemnation proceedings. The regular meeting resumed at 10:55 P.M. Commence Condemnation Proceedings - Arnold moved to postpone reading of the ordinance until the next meeting and to continue discussions between the parties involved. Winthrop seconded and the motion passed unanimously on roll call vote. OTHER BUSINESS FROM COUNCIL MEMBER8 Mayor Golden requested holding an Executive Session prior to the next meeting to discuss evaluation of the City Administrator. Arnold moved to extend the meeting for one-half hour, Donovan seconded the motion which carried on voice vote. Arnold requested and Acklin so moved to place City support of Martin Luther King, Jr. celebration on the agenda. Donovan seconded the Regular Meeting - Ashland City Council - November 21, 1989 - P. 6 OTHER BUSINESS FROM COUNCIL MEMBER8 (Continued) motion which carried on voice vote. Arnold said the program will be similar to last year and requested that the City lend name as a sponsor, waive the banner fee, and provide space for advertising on the utility newsletter for the 1990 celebration. Winthrop so moved, Donovan seconded and the motion passed unanimously on voice vote. ADJOURNMENT The meeting adjourned at 11:04 P.M. Karen Huckins Acting City Recorder Catherine M. Golden Mayor Regular Meeting - Ashland City Council - November 21, 1989 - P. 7