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HomeMy WebLinkAbout1988-0802 REG MINMINUTEB OF THE REGULAR MEETING ASHLAND CITY COUNCIL August 2, 1988 ROLL CALL: APPROVAL OF MINUTES: PUBLIC HEARINGS: Ashland Mine Road Smith Annexation Councilor and Chairman Pro-tem Don Laws led the Pledge of Allegiance and called the meeting to order at 7:30 P.M. on the above date in the Council Chambers. All Councilors were present. Reid called attention to page two, second paragraph regarding the paving of Central Street - that it "could" be added in the final draft. Reid asked that it read "would" instead of "could". Acklin moved to approve as amended and Reid seconded the motion which passed unanimously on voice vote. City Administrator Brian Almquist noted that supplemental findings had been passed out to the Councilors before the meeting (dated July 26th) which augment the records. Planning Director John Fregonese reviewed the history of the application explaining that adding 80' to the rear of each parcel seemed pretty innocuous but the approval of this proposal would allow existing property owners to split their lots in the future. Therefore, annexing this property into the City could bring a greater demand for water into an area that is already under moratorium. He reviewed the conditions of approval on page 4 and 5 of the Staff Report dated May 11, 1988, specifically conditions 4 and 5 relating to signing in favor of future improvements to Ashland Mine Road. Arnold noted a contradiction in the options given in the Staff Report, one says there would be no improvements until City water is available and another says improvements could be made if a well is drilled. City Attorney Ron Salter said the requirement to use City water was mandatory only when water is available. Reid noted that other development has been approved in that area, why not this application? Fregonese reiterated that there is already a commitment within the City, why annex more property into the City and increase that commitment? Acklin asked that the "need for land" be defined. Fregonese said according to the Comp Plan, it pertains to having less than a 5-year supply left. He referenced the Fordyce annexation and said that application was granted on the basis of a health hazard, not a need for land. He felt the applicant had not addressed the public need. Acklin felt the request here was more for open space and not for additional housing. Don Laws opened the Public Hearing. 8/2/88 P.1 Regular Meeting Ashland City Council 8/2/88 P.2 Joe M. Smith, applicant, 1281 Ashland Mine Road, reviewed the history of his dealings with the Planning Department and felt that he had been treated unfairly. He mentioned that six of his neighbors were in the audience. When Smith first applied in April or May of 1987, there was no mention of water or road problems before he purchased the property. After he purchased the land, in February of 1988, Planning told him water would not be available at that site. Although he had already invested $750, he was frustrated and ready to quit. He noted that a well was not possible because of a septic field in the area. He requested that the lots be considered a separate entity and later annex the big lot. He felt the road was a separate issue because those parcels in the back of the large lot do not even front on Ashland Mine Road and therefore those property owners should not be required to sign in favor of future improvements. Willjams explained that the addition of flag lots would put more pressure on Ashland Mine Road. Smith argued that the neighbors had no intention of splitting those lots. Chairman Laws asked that the Council stick to the issue of annexation and address the conditions if annexation is approved. Smith said he never received a copy of the Staff Report and left the podium saying he had gotten "whip sawed". Norman Svensen, Ashland Mine Road, 1249 Ashland Mine Road, said he doesn't know what the problem with water is because there is 100 pounds of pressure in the area. He also mentioned that it would be insane to consider splitting his lot because the slope is such that a house above him would look directly into his own. He said his taxes are lower in the county than they would be in the city, but he would like to see the property annexed. Ken Worcester, 1309 Ashland Mine Road, built his home 16 years ago and felt that this request for annexa- tion has created a threat that doesn't exist. The neighbors apparently have no intention of development. Elerath pointed out that the first line of the Supplemental Findings states in caps: ASHLAND HAS A STRONG NEED TO ANNEX SINGLE FAMILY RESIDENTIAL LANDS! Smith interjected saying that Roger Kauble "beefed up" the findings for the sake of the Planning Dept. Burt Bamford, 1297 Ashland Mine Road, said he had no desire to make a flag lot, just wants to add an attractive back yard and so recommended approval. 8/2/88 P. 2 Regular Meeting Ashland City Council 8/2/88 P.3 Insborg Murphy, 1523 Ashland Mine Road, owns the property behind the lots in question. She asked that if this annexation is approved, an official survey be taken to establish boundaries so people could not use her land to get to their back yard. She further stated that neighbors should talk to neighbors about changes going on and she had to learn most of this through the newspaper. Chairman Laws closed the Public Hearing. Fregonese clarified that the County did not agree to section off the large lot and so that option could not be considered because both county and city have to sign the plat. Reid moved to approve the annexation with the attached conditions and uphold the appeal, and ask staff to bring adopted findings and include all conditions. Arnold seconded. Almquist reminded the Council of the conditions regarding signing in favor of future improvements. Acklin stated for the benefit of the audience that this policy is the result of the Council for the last decade or so and the City does not pave County roads. Laws expounded that it is also City policy that all streets be paved to City standards. Acklin recom- mended amending the motion so that Condition ~4 read "That all lots sign in favor of future improvements to Ashland Mine Road... prior to issuance of permits for construction on lots." Laws felt that might restrict the City if the area was not developed and the street needed to be improved. Laws reopened the Public Hearing for the sake of the road issue. Smith said this conditions was unfair and he would not condone signing in favor or future street improvements because the road has nothing to do with the issue of the annexation. Barbara Svenson, 1249 Ashland Mine Road, said back in July of 1987, she invited A1 Alsing and county representatives to meet and see how they could improve the road. She has received no information to date and would like to know what the outcome of that meeting was. Public Works Director Steve Hall stated that the County has changed their policy on county roads and will meet with them and should have some information within 2-3 weeks. At that time, less than 51% of the property owners were interested in getting the road improved. Ron Thurner, 70 Bellview, sympathized with the people on this condition of approval but felt it was a viable way to get streets improved. Laws closed the Public Hearing. Reid called for the question. All ayes on a role call vote. 8/2/88 P. 3 Regular Meeting Ashland City Council 8/2/88 P.4 Salter asked if there should be a time limit, say 5 years, in case no one signs in favor of street improvements but Council said they will have to sign if they want to be annexed. PUBLIC HEARING Proposed Vacation on Hargadine St. Salter explained that a building on Hargadine, known as the Spiridon House B&B, extends 2 feet into City right of way. Approving this application would tie up the use of that right of way by the City for 30 years. Chairman Laws opened the Public Hearing. James Delsman, has property across the street and is in possession of papers that date back to 1890. He asked if the house was in fact trespassing and therefore illegal? Reid said a survey may not have been corrected after development. Leslie Smith, owner, said the house has been there since 1913 and is on the historic register, and the exterior boundaries have not been changed since then. She and her husband were simply interested in selling the house. Salter reviewed the three conditions of his letter dated June 14, 1988 to American Pacific Title Co. The Public Hearing was closed. Reid moved to accept and authorize Mayor/Recorder to sign easement with conditions. Elerath seconded and the motion was carried unanimously on a roll call vote. Arnold commended staff for the excellent job concerning this matter. COMMUNICATIONS, PETITIONS & REMONSTRANCES: Set P.H. on P.A. A letter was read from Kathleen Wolfe and neighbors No. 88-080 appealing the development of a 14 unit apartment complex located at Mary Jane and Siskiyou. The Public Hearing was set for September 6, 1988. Set P.H. on P.A. No. 88-089 A letter was read from John and Mary Pern appealing the approval of a change in driveway access. The Public Hearing was set for September 6, 1988. Bicycle Comm. Priority Recommendation Steve Hall reviewed his memo to Brian Almquist dated July 20, 1988, requesting that Council approve a bikeway route on Hersey from Ann to Mountain, and on Mountain from Hersey to existing pavement near SPRR. This would include allowing expenditure of funds for project from Capital Improvement. Acklin mentioned the steep hill on Mountain and asked if the path could go along the railroad. 8/2/88 P. 4 Regular Meeting Ashland City Council 8/2/88 P.5 Salter said that issue had been brought up before and SPRR is strongly against using their right of way. Williams added that since Hersey was being improved, it was a good time to put in the paths. Williams moved to adopt the ordinance and Reid seconded. The motion was carried unanimously on a voice vote. Stop Sign at Morada & Green- meadows Hall requested in a memo dated July 25, 1988, by direction of the Traffic Safety Commission, that the Council adopt a resolution for a stop sign at the intersection of Morada and Greenmeadows. Elerath asked if a Yield Sign had been considered. Arnold recalled at the Traffic Safety Commission meeting, 41 residents presented a signed petition specifically requesting a stop sign which would alert people outside of the area who may not be familiar with the dangers of that intersection. Arnold moved to adopt the resolution and Acklin seconded. The motion was carried unanimously on a roll call vote. Letter from J.C. Library System A letter dated July 28th from Bob Wilson requested community input at the next meeting of the Advisory Board on August 8, 1988 at 3:30 P.M. No action necessary. Letter from Highway Div. Re: Walker Ave. A letter from James J. Gix, Regional Engineer of the State Highway Division informed that none of the warrants required for signalization were met for the intersection of Walker and Siskiyou. This is believed to be a response to a request by the Principal at Walker School. Laws recommended that a letter be sent to the Principal to explain we have not given up on this matter. A question was raised if Siskiyou must remain a State Highway. Reid commented that if it became a City street, the citizens would have to pay to maintain it. NEW & MISCELLANEOUS BUSINESS: Liquor License A telephone poll was taken July 21st to approve Shop n'Kart a liquor license application by Shop n'Kart. No action necessary. North Entrance Beautification Almquist read a letter from Doug Hormel, Chairman of the Ashland Tree Commission, regarding their goal to beautify the north entrance into Ashland at the SPRR tressel. Midge Maurer of Brian Mostue Design has been hired to design this project and she presented the plan to the Council. She commented that there were a variety of issues and concepts at each entry into Ashland and tried to bring all of these together. 8-2-88 P.5 Regular Meeting Ashland City Council 8/2/88 P.6 The suggested trees/plantings followed themes of orchards, Lithia Park, and traditional older and historical homes. In studying the project, a stone front to the culvert was found and John Billings suggested to Midge that there was a stairway underneath it all. Landscaping would be followed by an art project which would entail either a sign or sculpture. Judy Howard and the Oregon Arts Commission could choose a few artists to turn in proposals. Acklin expressed excitement about this project and thought a welcome sign would suffice. A major art sculptor might be more appropriate in a different location where it can be viewed more carefully. Other issues to be considered were lighting and making a facade on the tressel. Reid moved to accept the concept and hold off on the art sculpture and Arnold seconded. All ayes on a voice vote. Arnold thanked the Tree Commission for all their efforts. PUBLIC FORUM: No response. ORDINANCES, RESOLUTIONS & CONTRACTS: Ashland Mine Rd. First reading of an ordinance annexing a contiguous Annexation area on Ashland Mine Road to the City and pro- (Smith) riding for an effective date. Salter said this should not be transmitted to the State until conditions were met. Acklin moved to 2nd reading and Reid seconded. The motion was carried unanimously on a roll call vote. Salter suggested postponing second reading until 51% signed in favor of improvements. Ashland Mine Rd. J.C. Fire Dist. 5 (Smith) First reading of an ordinance withdrawing recently annexed property to Jackson County District No. 5. Acklin moved to second reading and Arnold seconded. Second reading subject to conditions outlined by City Attorney. Ashland Mine Rd. Rezoning from county to city (Smith) First reading of and ordinance rezoning recently annexed property from Jackson County RR-5 to City Of Ashland R-1-7.5. Acklin moved to second reading and Laws seconded. The motion was carried unanimously on a roll call vote. Second reading subject to conditions outlined by City Attorney. Excluding & Ejecting PP&L First reading of an ordinance excluding and ejecting PP&L from providing electrical service within the boundaries of Ashland. Reid left room for two minutes. Williams moved to second reading and Acklin seconded which passed as follows on a roll call vote: Elerath NO, Others YES. 8/2/88 P.6 Regular Meeting Ashland City Council 8/2/88 P.7 Olson Annexation IBEW, Local 659 Ratification OTHER BUSINESS: Second reading by title only of an ordinance setting a Public Hearing for August 16, 1988 at 7:30 P.M. on a proposed annexation. Acklin moved to adopt and Arnold seconded. Elerath felt this application might be against City policy regarding the airport flight pattern. The motion was carried unanimously on a roll call vote. Almquist read a memo which stated a tentative 4- year contract settlement with City electrical workers union had been reached. This included increasing the mileage rate from 15 to 20.5 , upgrading the dental plan, and adding vision care insurance. Acklin moved to adopt and Arnold seconded. The motion carried unanimously on roll call vote. Laws requested staff draft an ordinance expanding CPAC to 16 members. He would like to see more women involved and citizens at large, rather than section areas. The issue of attendance was raised and Laws said a requirement should be established. Laws would also like to discuss steps to improve the water quality of Ashland Creek. This issue will appear on the next agenda. Acklin asked to invite Ken Michelsen, Parks and Recreation Director. Laws said he would be passing onto the Council a summary of important things that happened at the RVCOG. Almquist reviewed the letter from the County to Gladys McCoy regarding Portland/Ashland/Multonomah/ Jackson Counties Cultural Exchange. The City has accepted the invitation and Council will be kept up to date. Regarding the letter from Emanuele F. Portolese, National Director of International Ambassador Programs, Inc., the Initiative for Understanding was to make Council aware and encourage students to participate. ADJOURNMENT The meeting adjourned at 9:50 P.M. Nan Franklin, City Recorder Don Laws, ~n~cil~Chairman 8/2/88 P. 7