HomeMy WebLinkAbout1998-0616.REG.MINMINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
June 16, 1998
PLEDGE OF ALLEGIANCE
Council Chairperson Wheeldon called the meeting to order at 7:00 p.m., Civic Center Council Chambers.
ROLL CALL
Councilors Laws, Reid, Hauck, Wheeldon, Hagen, and DeBoer were present. Mayor Shaw was absent.
APPROVAL OF MINUTES
Councilor DeBoer/Laws m/s to accept the minutes of the regular meeting of June 2, 1998 as presented. Voice
vote: All AYES. Motion passed.
SPECIAL PRESENTATIONS & AWARDS
1. Mayor's Proclamation declaring June 27, 1998, as "Vietnam Veteran's Day."
Council Chairperson Wheeldon read the proclamation in its entirety.
CONSENT AGENDA
2.
3.
4.
5.
6.
Minutes of Boards, Commissions and Committees.
Confirmation of Mayor's reappointments of Mavis Cloutier and Mary Jane Tilson to the Hospital
Board for terms to expire June 30, 2002.
Confirmation of Mayor's appointment of Carol Nemec to the Audit Committee for a term to expire
April 30, 2001.
Confirmation of Mayor's appointment of Norman Miller to the Senior Program Board for a term to
expire April 30, 1999.
Application for liquor license for Pilaf, 10 Calle Guanajuato (Applicant: Susan Powell).
Authorization to terminate three City easements:
A. Termination of old City pipeline easement in vicinity of Corp Ranch Rd. near
Emigrant Lake - Applicant Martha Schwarz;
B. Termination of public utility easement established on Lot 1, Block 2 of Park Estates
Subdivision, Phase l - Applicant Alan Armstrong; and
C. Termination of easement created prior to formation of Blossom View Subdivision -
Applicant Bob Sullivan.
Councilors Hagen/Reid m/s to accept the consent agenda. Voice vote: All AYES. Motion passed.
PUBLIC HEARINGS
Appeal of Planning Action 97-054, Planning Commission Approval of a 25-1ot subdivision on upper
Strawberry Lane.
Council Chairperson Wheeldon read the guidelines and procedures for a Land Use Public Hearing.
City Council Meeting 06-16-98
EXPARTE CONTACT:
Councilors Hauck and Laws noted that they had made site visits. Councilor DeBoer noted that he had been present at
the Planning Commission hearing on this item, and had made a site visit. Councilor Hagen noted that he had made a
site visit, that he has been involved in the planning process, and that he has friends living in the neighborhood.
Councilor Reid stated that she has made several site visits, and has talked with the neighbors. Explained that she
lives in the neighborhood, but is not directly affected by this action although she would be involved in any paving
decided upon. City Attorney Nolte confirmed that reading this potential conflict of interest into the record was
sufficient, and that it was acceptable for Councilor Reid to vote on this issue.
Councilor Wheeldon stated that she had made a site visit. Confirmed that while serving as the Council Chairperson
in the Mayor's absence a Councilor retains their right to vote on issues before the Council.
PUBLIC HEARING OPEN: 7:!3 p.m.
STAFF REPORT:
Director of Community Development John McLaughlin read the applicable criteria for approval from the Ashland
Municipal Code's Land Use Ordinance and provided background on the history of this action. Explained the zoning
and proposed lot layout, and noted that this development would create twenty three new parcels.
Noted that City staff worked on the neighborhood plan, and that the area had been under a building moratorium due
to water system limitations for ten years. The Hitt Road reservoir made development possible, and prompted a
coordinated neighborhood plan. Explained that the City has acquired the Strawberry/Hald twenty-acre parcel, and
other properties for connections along the Ditch Road, and now has approximately fifty three acres of dedicated open
space land in the neighborhood.
Pointed out improvements that would be needed on Hitt Road as part of this development, and that a new road would
be needed to connect Hitt and Strawberry. Explained that the three landowners involved are independent, but that
they have coordinated the timing of the development and the necessary improvements.
Emphasized that primary concerns centered around transportation issues and street improvements. Explained that the
application was approved by the Planning Commission because of the connection to Orchard Street. Noted that
Council had approved the Hassell development and an LID to furnish the needed improvements for that
development. In this case, the applicants propose to continue from the Hassell development to improve sections of
Strawberry, Westwood, and the intersection of Strawberry and Alnutt, either by LID or through payment by the
developers.
Discussion of Alnutt, Strawberry, Scenic and Nutley Street sections which are unpaved and not proposed for
improvements. McLaughlin noted that the Planning Commission had made no conditions on their approval, and
stated that this was consistent with past approvals requiring only one access be paved for a subdivision. Explained
that this allows for further street improvements at a later date at the option of residents or future developers.
McLaughlin noted that the issues raised in the appeals process had dealt primarily with fencing requirements and the
applicability of the Physical and Environmental Constraints Standards. Noted that these requirements do not
necessitate separate land use approval, and the applicant is aware of these requirements. McLaughlin noted that he
believes the applicant is willing to allow the extension of the 120-day limit. Stated that he believes there would be
adequate time for a council decision to meet this requirement under the 120-day limit, if necessary.
City Council Meeting 06-16-98
Clarified that as a de novo appeals hearing, the "Applicant" before Council is the actual applicant, not the appellant.
Explained that the applicant carries the burden of proof in demonstrating that applicable criteria have been met, and
the Council is to decide on this action anew with the Planning Commission's findings merely to serve as a
recommendation.
APPLICANT:
Tom Giordano/157 Morninglight Dr./Agent for the Applicants, representing applicants Paul & Carol
Hwoschinsky/Stated that the applicants were in the audience, along with other landowners and their consultants.
Provided Council with photos. Briefly noted all those who have been involved in the collaborative process of
planning this development to be environmentally sensitive to the unique needs of the area. Stated that the Master
Plan, along with a narrative, findings, letters, reports, and responses are in the record with the application.
Noted that the design process has been a cooperative one, with the intent to create something special. Emphasized
that the development has larger lots with larger homes, in a rural, pastoral setting to reflect the unique quality of the
area. Emphasized that the Hillside Development Ordinance was used in planning the design work although it had not
been passed when the project began.
Concluded that both city and state laws require that development occur within the city limits. The applicants have
made every attempt to document their design work, and considerable research has gone into each aspect of the
process. Stated that the findings provided will justify the project and the Council can reject the appeal.
Wes Reynolds/1265 Munson Dr./Traffic Consultant. Stated that this development would not cause a City facility to
operate beyond capacity. Explained that the capacity issues addressed in Resolution #91-39 state that a street must
be able to handle all possible vehicle traffic, and the proposed project is consistent with that requirement.
Emphasized that the paving of Strawberry Lane will adequately address issues of transportation and capacity.
Dave Hammond/Civil Engineer with Hammond Engineering/1009 LaLoma, Medford, OR 97501/Stated that he
had reviewed the plans and assisted in preparing the project, and that there were no problems with the proposed
water, sewer or storm drain systems.
Kerry KenCairn/147 Central Ave./Noted that she had worked on the conceptual storm water system and vegetation
plans as a landscape architect. Explained that in areas of gradual slope they have used swales to convey storm water,
with meandering surface drainage through natural vegetation. For steeper slopes there will be a traditional
underground storm water drainage. Noted efforts to enhance existing natural vegetation where possible, and thinning
that had been done elsewhere to meet Fire Department requirements. Noted that there would be a series of ponds in
the central open space area to slow any storm water and allow it to feed into Wrights Creek without increasing its
velocity.
Councilor Reid questioned the adequacy of the lighting in the plan to provide for child safety. Giordano noted that
they had not wanted to light excessively due to the nature of the area, so while all intersections have large, decorative
light standards, the paths have low-level lights along the trail. Stated that there are more of these because they are at
lower levels.
Councilor Hagen questioned why paving had been extended beyond the property line of the applicants. Giordano
explained that the applicants wanted to go further than merely meeting the minimum requirements, and would be
willing to pay for additional paving if necessary, but would like to work with the City on sharing costs. Emphasized
that the applicant is not requesting that an LID be formed.
City Council Meeting 06-16-98
3
Councilor Hagen questioned whether the proposal has addressed the cut banks and erosion areas on the upper
portions of the road. Giordano confirmed that the applicant will use retaining walls where necessary.
IN FAVOR:
Gerry Mandell/1111 Strawberry/Emphasized his support of the project, but stated that he feels it is incumbent on
the Council to look at safety issues on Alnutt Street. Stated that the street's width will not allow two vehicles to pass
one another at any point. Feels that council needs to look at safety for both Strawberry Lane and Alnutt Street.
IN OPPOSITION:
The following were noted on the record as being in favor of the appeal: Patricia Haley/400 AInutt Street, Nancy
Spector/110 Pine Street, Robert & Ellen Wright/97 Pine Street, Vava Bailey/165 Almond Street, Elizabeth
Reid/147 Strawberry Lane, Andrew Bartholomew/127 Strawberry Lane, Alex Reid/147 Strawberry Lane,
Denise Ewing/144 Strawberry Lane, Tim Brandy/240 Strawberry Lane, and Edward S. Brubaker/197 Nutley
Street.
Lawrence Bressler/152 Strawberry Lane/Read a prepared statement to be entered into the record. Feels that the
applicants have the burden of proof in showing that the application meets all criteria. Stated that application fails to
meet the Physical and Environment Constraints Standards. Stated that this appeal was necessary because of the
Planning Department's failure to make sure that all application material was complete and that all criteria had been
met. Noted that neighbors were never informed or noticed of the applicability of the Physical and Environmental
Constraints chapter. Noted that Wright's Creek is a riparian/flood plain area, and that the slope and presence of
wildfire lands all apply, so the Physical and Environmental Constraints Standards must be met. Stated that the
application fails to meet criteria, and it cannot be evaluated until these criteria are met or are proven not applicable.
Emphasized that applicant must prove that transportation criteria have been met, and they have failed to due so.
While the application asserts that an alternative route is available~ by Section 4 of Resolution #91-39 the alternative
route proposed has no further capacity due to its slope in excess of eighteen percent. This is not addressed in the
application. Further discussed subcollectors, traffic counts and vehicle trips per day. Bressler further discussed the
alternative route issue, and voiced his concerns over the fact that approval of development plans has come to be
presumed as automatic.
Susan Hunt/220 Nutley Street/Continued to read the prepared statement begun by Bressler. Noted concerns
regarding transportation issues around street grades in excess of eighteen percent. Noted that applicants have failed
to address this in development plan. Noted that no variance has been sought for flag drives. Discussed street
classification from Transportation Element and Performance Standards and noted that these would require two
sidewalks and a twenty two foot paved lane. This requirement has neither been met, nor has it been given a variance.
There is no evidence that the application meets the requirements of the Land Use Ordinance, nor is the effect on the
development of neighboring properties considered. There is no consideration of the impact of the number of vehicle
trips per day. Presented photos to illustrate the narrowness of the streets. Concerned that paving will be required in
the future in the form of a forced LID. Stated that the Physical and Environmental Constraints Standards review
process must be applied. Capacity issues are not addressed, and thus the applicant fails to prove that the development
will be improved to meet standards. Application also fails to acknowledge impact on or provide improvements for
lower street areas. Application fails to meet criteria "a" and "b", and criteria "d" has not been satisfied in the record.
Paul Kay/1234 Strawberry/Commended the plan, but expressed concern that due to lot size and zoning, there is a
potential capacity for two hundred houses and two thousand vehicle trips per day. Feels that application must
address this potential, possibly through a restrictive covenant. Concerned that Alnutt Street will not handle traffic, let
alone the equipment needed for construction. Stated that plan could be approved if a restrictive covenant were
signed to limit density, and Alnutt, Nutley, Strawberry and Scenic were paved. Expressed concerns about Kneebone
City Council Meeting 06-16-98
4
Creek culvert under Orchard Street. Also noted that he has an easement for his driveway through lot seven of the
development, which he would consider abandoning if other issues were adequately addressed.
Bob Kuenzel/98 Pine Street/Noted good things in the proposal, and voiced serious concerns over considerable
volume of traffic. Noted that many people use the ditch trail via Alnutt Street, which is very limited in terms of its
capacity. An additional two hundred thirty vehicle trips per day will strain this capacity, and construction will strain
it further. Presented a petition from neighborhood residents supporting these concerns. Noted that he is concerned
with the idea that in-fill is an entitlement, regardless of the consequences.
Christine Crawley/124 Strawberry Lane/Read a letter from Jon R Peele/220 Strawberry Lane. Letter states that
this development is excellent, and Peele's concern is with inadequate access and safety issues around construction.
Peele believes that this will be the preferred route for construction vehicles as it is 11/2 miles shorter than the
alternative. Feels that the City must retain an expert and conduct a study of access and transportation issues.
Requests that Council reverse the Planning Commission's approval of this action on the grounds that access is
inadequate. If the Council elects not to reverse the approval, he feels that the Council should make the finding that
adequate access is available via Lower Strawberry Lane and Alnutt Street, or require the closure of Upper Strawberry
Lane downhill with a gate.
AI Robins/225 Nutley Street/Concerned that no provision is being made for the possibility of improvements to
Alnutt Street or Strawberry Lane, and that the responsibility for these improvements will fall to the homeowners.
Gerald F. Taylor/375 AInntt Street/Explained the location of his property, and stated that cars not making the turn
on the dirt road will end up in his front wall. Stated that cars need to wait and/or backup for opposing traffic, and it
cannot be assumed that traffic will take care of itself. Noted that cars cannot stop when they hit the dirt road, and the
City needs to address paving of other streets at this time. Feels it is not fair to pass on paving costs to the next
development or the homeowners.
Michael O'Brian/107 Fork Street/Read a letter from CiCi Brown/171 Church Street. Expressed concerns over
traffic safety, visual scarring, grading, erosion, and the negative impacts of development. Presented photos. Stated
that Strawberry Lane cannot be developed to a point of safety without extreme landscaping, and thus requests that
Council view an engineered rendering or computer model of what this extreme landscaping would be before any
decision is made.
Gloria Stone/153 Sixth Street/Suggests amending neighborhood plan to lessen impact of development. Concerned
with the development of a beautiful, natural area.
Harry Bartell/365 Strawberry Lane/Transportation Element of Comprehensive Plan notes that the scale and
character of a neighborhood street's design should be applicable to the area served. Strawberry Lane will be the
access route, and this will disrupt the quality of life and erode the neighborhood. This was not addressed in the
Planning Commission's decision. Explained that the right-of-way's are only twelve to fourteen feet, and this will
require cutting into hillsides and eliminating vegetation to find the additional eleven to thirteen feet needed for the
lane, and this is environmentally improper. Also stated that the effect on existing homes has been disregarded.
Patricia Zoline/240 Nutley Street/Feels that safety considerations have not been met. Noted that she sat on the
Commission for this issue and it was never resolved. Concerned with the Alnutt/Strawberry intersection, as there are
countless close calls with the few residents living there now. Noted that in the past they had considered making it a
one-way street, but that has apparently been disregarded.
FIVE MINUTE BREAK AT 8:50 p.m.
CiD' Council Meeting 06-16-98
5
STAFF RESPONSE:
McLaughlin noted that the dedicated open space areas reduced the overall development potential, so that while the
original potential would have been the two hundred houses suggested by Paul Kay, it is now approximately seventy.
Once developed at the density proposed here, with the open space, further subdivision will not be possible due to the
present lot sizes. Explained that it takes a major planning action to alter a subdivision, and that once a subdivision
has been approved in this manner the density is locked in. Confirmed that no accessory units would be allowed due
to the zoning.
Stated that the wildfire land concern raised by Bressler and Hunt is addressed in the application and was reviewed.
All houses will have fire sprinklers. Explained that areas subject to the Physical and Environmental Constraints
Standards are those with slopes greater than forty percent as indicated on the zoning map. Emphasized that this
proposal is not disturbing any of these areas. Stated that the proposed development is not disturbing the
riparian/drainage area as that portion of the plan is open space. With regard to the issue of street capacity, grade
concerns do not apply to collectors, so the potential capacity is 3000 vehicle trips per day.
Councilors Reid/Hauck m/s to extend the public hearing to 9:30. Voice vote: All AYES. Motion passed.
McLaughlin continued that Wimer Street retains enough capacity to provide an access route. Stated that streets are to
be designed to meet the needs of the neighborhood and in respect to the topography. It will be developed in an
appropriate manner to accommodate projected traffic flows and neighborhood needs.
in regard to the street system, McLaughlin stated that the Kneebone property could be accessed via Orchard Street,
and can easily meet its planned densities with Orchard Street access. Emphasized that the slope would make a
connection between the Kneebone property and the proposed development difficult, and such a connection would
benefit neither Mr. Kneebone nor the City.
Addressed concerns about storm drainage through the Orchard Street culvert, and noted that the applicant's
consultant has proposed design elements to keep flows from peaking, and that this design has been reviewed and
found appropriate by Public Works.
McLaughlin confirmed that at full build-out with the proposed configuration, there would be less than two hundred
vehicle trips per day on Strawberry Lane. This would put it among the quietest streets in Ashland in terms of vehicle
conflict and traffic.
Councilor Hagen questioned the total number of units that could have been built before the city purchased lands for
open space. McLaughlin stated that by the zoning, it would have been about one hundred thirty units, but that it is
now at seventy. Emphasized that these numbers include the Wiley, Hassell, and Kneebone properties, and stated that
this reduction in the potential lots represents a substantial change in the impact of development on the area.
Councilor Wheeldon questioned the appropriateness of using swales as a form of storm drainage. McLaughlin
confirmed that when there is not a lot of grade swales are appropriate. Explained that this is because they create an
impoundment which cannot be done on steeper slopes. For steep slopes, conventional underground storm drains are
used to reduce erosion.
McLaughlin confirmed that there had been a traffic study conducted by staff as part of the neighborhood plan. Stated
that the study considered traffic in light of current trips and the possibility of full build-out, and looked at the entire
area, with the rest of the area street network of Nutley, Granite, Wimer, Church, and etc.
City Council Meeting 06-16-98
6
McLaughlin explained that an alternate pedestrian route had been considered, and that it could be stairs or even a trail
with switchbacks over the open space.
REBUTTAL (applicant):
John R. Hassen/129 North Oakdale Avenue, Medford, OR 97501/Attorney for the Applicant/Expressed support
for Director of Community Development John McLaughlin's comments. Noted that the written record includes
traffic counts, traffic capacity information, and all items required of the developer. Stated that they will improve
streets to and through the project, and further on along the road than is required. Urged Council to support staff
recommendation and that of the Planning Commission. Stated that he has not seen any information on a driveway
access easement through lot seven, but that if it exists it will continue.
Giordano noted that he also agrees with McLaughlin's comments. Stated that all evidence was submitted to the
Planning Commission, and the document presented tonight is merely in response to the appeal. Emphasized that
both the staff and the Planning Commission had all application materials in a timely manner. Addressed concerns
about fire management, vegetation, drainage, erosion, trees, slopes, and setbacks from natural areas. Building
designs are based on information prepared by staff in the Master Plan. Transportation information has been reviewed
and is supported by consultant Wes Reynolds. Stated that the number of lots proposed in the design are well under
the potential capacity that the zoning would allow. Feels that applicants have more than met all requirements. With
regard to streets, they remain under capacity. Noted that the City has approved three developments in the area which
had only one access each, and this application is not asking for any more than that. Noted that driveways have had a
detailed preliminary grading plan prepared.
At the request of City Attorney Paul Nolte, John Hassen, the attorney for the applicants, confirmed the applicants'
willingness to extend the 120-day period by the amount needed to allow a Council decision and findings. It was
mutually agreed that thirty days should be a sufficient extension. Emphasized that the applicants were present in the
audience and willing to answer any questions the Council might have. Councilor Reid asked for a clarification of the
need for an extension of the 120-day period. Nolte explained that without an extension, a decision would be required
and findings would need to be adopted by council within the next seven days. Stated that the extension would allow
sufficient time to prepare and adopt the findings at the next meeting.
PUBLIC HEARING CLOSED: 9:20 p.m.
Brief Council discussion with regard to the late hour and the schedule of the next public hearing, noting that public
hearings must conclude by 9:30 p.m. Councilors indicated that they were hesitant to begin another public hearing
without sufficient time to hear all of those wishing to speak, and suggested rescheduling this item to a later date.
Councilors Hauck/Reid m/s to move the next public hearing concerning the CATV assignment to TCl/Falcon
Cable to the next Council meeting to be held Tuesday, July 7, 1998 at 7:00 p.m. Voice vote: All AYES. Motion
passed.
DISCUSSION:
Councilors Laws stated that there has been a longstanding problem with development in this area of the City. Noted
that he has voted against two previous developments, and that the Council has turned down previous developments in
the area due to transportation concerns and issues around water pressure. Emphasized that the City needs to face up
to the adequacy of transportation available. Stated that the application under consideration is outstanding, and the
efforts of City staff have been excellent. Suggested that realistically, transportation at the south end of the City is
inadequate, regardless of what is said about traffic counts or slope. Pointed out that the width of Alnutt Street is
inadequate, and that this endangers citizens' safety. Looking at this application in light of the criteria, Councilor
ciD, Council Meeting 06-16-98
Laws stated that it cannot be approved if it will exceed the capacity of a city facility or if transportation is not
adequate. Feels that it would be irresponsible to approve the application in light of existing transportation concerns.
Councilor Laws emphasized that the City is responsible for solving these problems, and will need to find a
reasonable, responsible manner for approval of this application after the Ad Hoc LID Committee reaches a decision
of the future of LID's in Ashland. Suggested that City consider taking the initiative and start an LID without meeting
the fifty one percent rule. Reiterated that the application at hand cannot meet the transportation criteria necessary,
and he cannot vote in favor of the application for that reason..
Councilor Reid questioned whether the present situation constitutes a de facto moratorium. Councilor Laws stated
that any development seen as increasing traffic would need to be denied. Councilor Reid questioned if perhaps a
formal moratorium is needed, and if any imposed moratorium would be retroactive. City Attorney Paul Nolte
confirmed that there is a statutory process for imposing a building moratorium, and that if this was pursued the City
would need to propose a solution to the problems which necessitated the moratorium. Nolte stated that if a
moratorium were imposed, it would be retroactive and would affect any pending actions. Nolte continued by stating
that he was unsure if a sufficient number of alternatives had been proposed and considered for the present situation to
constitute a de facto moratorium if the present planning action were to be denied based on the transportation issues
under discussion..
Councilor Reid stated that she feels she has been involved with issues surrounding this area for sixteen years. Stated
that the water moratorium previously mentioned was in fact about transportation issues. Meetings went on actively
for five years, with many alternatives brought forth. Stated that there were many problems, but that the larger issue
centered around a lack of interest in the formation of a local improvement district (LID).
Councilor Reid went on to state that the applicants are not developers in the traditional sense of the word, but merely
residents wanting to subdivide their personal property for the first time. Stated that many of the neighbors are not
interested in an LID. Noted that the City had a arranged a facilitator, set up meetings, and begun public process to
consider an LID, but that the facilitator had moved away and the process was left behind. Concerned that the City
began the process of finding consensus and then let it be abandoned. Expressed her sympathy for the applicants, but
stated that Alnutt Street and the Strawberry/Granite intersection do have problems. Noted her personal observances
as a resident of Granite Street, stating that cars do get stuck, and the transportation system is truly inadequate within
the neighborhood. Agreed with Councilor Laws that the City does have an obligation to address this issue,
irrespective of the proposed development. Emphasized that the streets will be paved, as the City long ago decided to
pave all streets within its boundaries, and noted that it only needs to be decided how the paving will be done and who
will pay for it. Concluded that this issue has been around for more than fifteen years, and the present application
merely brings it to a head.
Councilor Hauck feels that the record indicates that transportation to and through the site is adequate by past
standards, but stated that the development will cause the city facilities of Strawberry Lane and Alnutt Street to
operate beyond capacity. Concluded that he cannot vote to approve the application, but suggested a denial "without
prejudice" so the applicants would not need to begin the application process entirely anew.
Councilor Hagen feels that the streets discussed are currently beyond capacity, and noted his concern that this
situation penalizes the applicants now for previously approved developments which occurred at the lower level. The
upper properties are now being saddled with addressing these capacity issues. Based on the letter of law, which
requires paving "to and through" a development, the applicants go beyond what is necessary, but the development
will force the lower streets to operate above their capacity if the application is approved. Emphasized that this
situation was forced long ago. Stated that the current situation's being beyond capacity has been confirmed by those
speaking tonight, and this is a good illustration of the need to force improvements at the time development occurs.
City Council Meeting 06-16-98
Councilor DeBoer stated that this development is a good one, but feels that requirement B has not been met.
Emphasized that he could not approve the application without addressing the situation on lower Strawberry Lane and
Alnutt Street.
Councilor Reid noted that fourteen new homes have been built one at a time in the lower Strawberry Lane area.
Suggested that this is unfair, as this development has been planned with lots of effort, and the applicants are then
punished for creating a plan, when the Council has requested planned developments.
Councilor Hagen questioned the possibility of putting in a gate to close lower Strawberry, with access allowed only
for emergency vehicles. This would require other neighbors to use Westwood Street until the lower roads are paved.
Councilor Laws noted that this had been seriously discussed in the past, and the idea was rejected due to the concern
that the gate would be vandalized. Also stated that a gate would require emergency vehicles to stop and take time in
an emergency, when time is of the essence. Director of Community Development John McLaughlin noted that the
Westwood neighbors had also expressed their opposition to the idea of a gate in a letter to the City.
McLaughlin suggested that the Council may want to consider what has been done in other instances, by granting
approval of the application conditional to the formation of an LID for the improvement of Alnutt Street, Nutley
Street, and/or Strawberry Lane. This would allow an LID to be brought forward, and it would put the development
into a realistic time frame without requiring that the applicants completely restart the application process. This would
enable the development to continue moving forward positively.
Councilor Wheeldon stated that she agrees with the other Councilors, and feels it is incumbent that this issue be dealt
with. It cannot continue to be denied and forgotten. Stated that improvements should be tied with approval of the
subdivision. Also suggested that she would like to hear the reasoning from previous discussions. Emphasized that
the issue has been put off for fifteen years, and it is time for the Council to deal with it.
Councilor Reid discussed the possibility of making a one-way street, but suggested that the necessary orientation
would go against slope and the direction of the existing driveways. If the one-way were oriented to the other
direction, it would affect Scenic Drive. McLaughlin emphasized that the idea of a one-way street has neither been
dropped nor has it been adopted, and that presently it is on hold pending detail work. Stated that a one-way street
could still be an option.
Discussion of the possibility of a motion which ties development with the formation of an LID. Councilor Hagen
noted his concerns with transportation issues around the slope. Councilor Reid noted that street improvements would
require money on the part of the community, and suggested that paving be done to the lower end of City standards.
Emphasized the need to uniquely develop this one piece of Ashland. Councilor Hagen reiterated that the streets are
inadequate as they currently exist.
Councilors Hagen/Reid m/s to approve the application contingent upon the improvement of the lower three
streets (Alnutt Street, Strawberry Lane, and Scenic Drive), either by the developers or through the formation
of a Local Improvement District (LID).
Discussion of time constraints. McLaughlin noted that an LID would have to be completed within eighteen
months or approval of this planning action would expire. Questioned whether a lesser amount of time, such as
twelve months, could be set as a requirement of the approval. McLaughlin noted that the possibility of not
involving all three streets immediately would make the applicants' tasks easier. Discussed the possibility of
staged development of the streets concurrent with the development. The potential conflict of interest existing
for Councilor Reid was again noted. McLaughlin noted that staff could provide Councilors with a list of
options to address the possibilities of forming an LID and improving the area streets.
City Council Meeting 06-16-98
City Attorney Nolte noted the need to make the findings address "adequate transportation through the
formation of an LID or paving by the developer" as a condition for approval of the application. Discussed
whether the vote should be postponed until staff had presented Council with options.
Councilors Hauck/Hagen m/s to extend meeting the meeting until 10:30 p.m. Voice vote: All AYES. Motion
passed.
Councilors Hagen/Reid withdraw the motion and second "to approve the application contingent upon the
improvement of the lower three streets (AInutt Street, Strawberry Lane, and Scenic Drive), either by the
developers or through the formation of a Local Improvement District (LID)."
Staff was directed to bring options to the next meeting, to be held July 7, 1998.
Councilor DeBoer noted that he would be unable to support any LID that was not supported by the neighbors.
2. Consideration of CATV Assignment TCI/Falcon.
As indicated above, this hearing was rescheduled (due to time constraints) for the regular meeting of the Ashland
City Council, to be held Tuesday, July 7, 1998 at 7:00 p.m. in the Council Chambers at 1175 E. Main Street.
PUBLIC FORUM
Public Forum opened at 10:03 p.m.
John Huskey/173 Alder Lane/Associated Students of Southern Oregon University (ASSOU) Director of
Communications/Introduced his supervisor, Matt Stillman, also of the Associated Students of Southern Oregon
University.
Matt Stillman/220 West Rapp Road, #138, Talent, OR 97540/Representing the Associated Students of
Southern Oregon University/Stillman noted that either he, Mr. Huskey or the ASSOU Student Body President
would be attending all future City Council meetings, with the expressed intention of improving the way in which the
student body is perceived within the community. Stated that the participation of the ASSOU portion of the
community should be made known at this forum. Noted that while the City and ASSOU have often been
disconnected in the past, many of their efforts coincide and the two could be of service to one another.
Councilor Wheeldon suggested that the Council would be interested in hearing about ASSOU student issues and
concerns as they relate to the community as a whole. Suggested that this could be a presentation at a future council
meeting, and that perhaps it might continue on a quarterly basis.
Councilor Laws clarified the need to limit issues presented to those which affect the community as a whole. Stillman
confirmed that the issues he had in mind included the Rogue Valley Transportation District's service to Ashland and
concerns over parking within the City.
Public Forum closed at 10:08 p.m.
UNFINISHED BUSINESS
None.
City Council Meeting 06-16-98
10
NEW AND MISCELLANEOUS BUSINESS
1. Council Meeting Look Ahead.
City Administrator Mike Freeman noted that there was a need for a special study session to address issues concerning
the Ashland Fiber Network. After discussion, it was determined that this study session would be held at 12:30 p.m.
on Wednesday, July 8, 1998. It was noted that Councilor Reid would be unable to attend.
2. Discussion regarding "Greenpower."
Councilor Reid noted that an informational brochure by Pacific Power along with a glossary on Greenpower had
been provided to the Councilors. Briefly explained that this was an illustration on the sort of options that will
become available with deregulation. Noted that the Bonneville Power Administration (BPA) will present
"Greenpower" as an option to the City, as this power will be available for purchase from a plant that is
environmentally friendly. The profits from the sale of"Greenpower" would be split between BPA and environmental
causes, with the option of providing some assistance to lower income utility users as well. Emphasized that
"Greenpower" is now an option in Klamath Falls, where twenty percent of utility customers have selected it as their
preferred option.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Second reading by title only of "An Ordinance Amending Section 9.08.060.J of the Ashland Municipal
Code Relating to Trackout Restrictions."
Councilors Hagen/Reid m/s to adopt Ordinance #2821. Roll call vote: Laws, Reid, Hauck, Hagen, Wheeldon,
and DeBoer, All YES. Motion passed.
2. Second reading by title only of "An Ordinance Amending Ashland Municipal Code (AMC) Chapter
9.24 and AMC Section 10.30.010 by Incorporating the Provisions of the Model Woodheating
Ordinance and Repealing Ordinance No. 2555."
Councilors Hagen/Reid m/s to adopt Ordinance #2822. Roll call vote: Wheeldon, Reid, DeBoer, Laws, Hagen,
and Hauck, All YES. Motion passed.
3. First reading by title only of "An Ordinance Approving the Transfer of the Cable Communication
Franchise from TCI Cablevision of Oregon, lnc. to Falcon Cable Systems Company II, L.P."
To allow adequate time for a public hearing, this item was moved to the next regular meeting of the Ashland City
Council to be held Tuesday, July 7, 1998 at 7:00 p.m.
4. Reading by title only of "A Resolution to Forward the Nomination of the Ashland Railroad Addition
Historic District to the National Register of Historic Places to the State Historic Preservation Office."
City Recorder Barbara Christensen noted that the resolution included in the City Council packets had incorrect dates,
and noted that this had been corrected.
Director of Community Development John McLaughlin briefly noted the background behind nominating the
Railroad District to National Historic Registry status, and explained that seeking historic status is a policy set forth in
the City's Comprehensive Plan.
Councilor Hagen noted that he was very pleased with the packet presented to the Councilors to support this
nomination. Councilors discussed the amount of time remaining this evening, and chose to hear the two individuals
who wished to speak and then continue.
Phillip Lang/758 B Street/Lang noted that he is opposed to the nomination, and feels that major issues have not
been addressed. Stated that historic status will devastate neighborhood, as evidenced in the materials he has
presented. Feels that the process has been biased and faulty. Discussed the history of historic preservation office and
rehabilitation efforts, and referenced his October 5, 1997 paper which is included in the materials he submitted to
City Council Meeting 06-16-98
11
Council. Emphasized that historic status saves buildings, but also drives forces which destroy the neighborhoods.
Concluded that the Railroad District has already been rehabilitated and is well kept. Also stated that the meetings
that have been held were inadequate, and no contrary views or participation were allowed. Asked that Council deny
this resolution, and remand it back for further public process.
Bill Emerson/Emerson Design, 90 Fifth Street/Noted that he has been waiting twenty years for this to happen, and
that the process began when he was on the Historic Commission. Read excerpts of minutes from 1979 Historic
Commission meetings dealing with this issue, and submitted a copy of the original sign he had designed for a 1979
meeting to gather public input.
Councilors Hauck/Reid m/s to adopt Resolution #98-12. Council discussion: Noted that slideshow would be
continued to a later meeting, preferably when RVTV would be broadcasting. Roll call vote: Hauck, Hagen,
Laws, and Reid, YES. DeBoer and Wheeldon, NO. Motion passed 4-2.
Reading by title only of "A Resolution Amending the Pay Schedule for Management and Confidential
Employees for Fiscal Year 1998/99."
Councilor Laws noted that he could not vote on this item due to a conflict of interest.
Councilor Hagen stated that he could not support such an increase because of the low inflation rates. Emphasized
that an increase should be tied to the inflation rate, which was around 1% last quarter.
Councilor DeBoer asked that the item be pulled until the next meeting, as he had not been able to see background
data.
Councilors HaucloWheeldon m/s to adopt Resolution #98-13. Roll call vote: Wheeldon, Hauck, and Reid,
YES. DeBoer and Hagen, NO. Motion passed 3-2.
OTHER BUSINESS FROM COUNCIL MEMBERS
Councilor Reid brought up the issue of temporary restrooms in the Calle Guanajuato area, which was discussed in an
Ashland Parks and Recreation Commission memorandum. Noted that these would be semi-permanent, and located
on City property. Emphasized that while this is a large project, it is important to both the public and to plaza shop
owners.
A reminder was given that there is to be a City Council Study Session on Wednesday, June 17, 1998 at 1:00 p.m. in
the Council Chambers.
ADJOURNMENT
The meeting was adjourned at 10:20 p.m.
Barbara Christensen, City Recorder
Catherine M. Shaw, Mayor
City Council Meeting 06-16-98
12