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HomeMy WebLinkAbout1997-1007 Council Mtg MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL October 7, 1997 PLEDGE OF ALLEGIANCE Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers. ROLL CALL Councilors Laws, Hauck, Hagen, Wheeldon and DeBoer were present. Councilor Reid was absent. APPROVAL OF MINUTES Minutes of the Regular meeting of September 16, 1997 was amended and approved to reflect on page 3 under item 4 the motion should reflect Councilor Hagen as making the second to the motion. The adjourned meeting of September 17, 1997 was approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Mayor's Proclamation of October 5-11 as "Mental Illness Awareness Week" in Ashland. 2. Mayor's Proclamation of October 6-11 as "National Fire Prevention Week" in Ashland. 3. Mayor's Proclamation of Sunday, October 19 as "Senior Citizen Day" in Ashland. Mayor Golden read proclamations by title only. Discussion regarding the Adoption of the new Hillside Development Standards ordinance. Mayor Golden explained to citizens the protocol used for Land Use issues. If the issue is a subject of a Public Hearing, which has been closed, there is no further testimony. Commented on how, at the previous council meeting, that when testimony was opened again it pertained only to the particular issue proposed in the second reading. Golden noted the increased interest from the community on this issue even though there had been a number of public hearings held. Because of this increased interest, she urged the council to allow the proposed ordinance to be sent back to a small sub-committee in order to make the ordinance work for the community. Golden suggested that the committee be comprised of two councilors, a planning commissioner and a building technician. Golden clarified, due to misinformation printed in local paper, that public input cannot be taken during the Public Forum portion of the council meetings, if the item being discussed is either already on the agenda, or is a subject of a Public Hearing which has been closed. Councilors DeBoer/Hauck m/s to return the proposed ordinance back to committee level. DISCUSSION: Councilor Wheeldon urged interested individuals to participate and submit their concerns to the committee. Mayor would like to see a realtor, who is willing to serve, be a part of this committee and could offer a good flow of communication to other realtors. City Attorney Nolte noted that there will be at least one public hearing that will be noticed and an opportunity for public input at that time. Councilor Hauck felt that there had been ample opportunity for public input and does not support sending the proposal back to a committee. Voice vote: Laws, Wheeldon, DeBoer, AYE; Hauck and Hagen, NAY. Motion passed 3-2. CONSENT AGENDA 1. Minutes of boards, commissions and committees. 2. Monthly Departmental Reports - September, 1997. 3. City Administrator's Monthly Report - September, 1997. 4. Approval of liquor licenses: (a) PacPizza, Inc. (formerly Pizza Hut) at 2220 Highway 66; (b) Daddy O's Restaurant at 130 Will Dodge Way. 5. Appointment of Mayor Golden and Councilor Hauck as voting delegates to League of Oregon Cities Annual Business Meeting. Council Meeting 10-07-97 Annual Financial Report for Fiscal Year Ended June 30, 1997 from Department of Finance. Confirmation of Mayor's appointments of Committee to renew ICCA facility as required by C.U.P. condition. Confirmation of Mayor's appointment of David Fine to Traffic Safety Commission. Mayor Golden requested that item//7 be pulled for discussion. Councilors Hauck/Hagen m/s to approve Consent Agenda items//1-6 and//8. Voice vote: all AYES. Motion passed. Mayor Golden reminded council of the specific criteria set for this ad hoc commission which would include two members in favor and two opposed, a city councilor and staff. Golden explained that because they had problems getting anyone to serve after calling a number of individuals, it was opened up more to the community. The memo submitted to the council for approval has three individuals in favor and one opposed. Since the memo, an additional individual opposed has shown interest in becoming a member. Golden would like council approval to contact one of the proposed in favor members to explain the situation. This would allow a recommendation of the additional individual who is opposed and bring the committee back to what was set for the original criteria. Council consensus to allow Mayor to set the members of the ad-hoc committee. Councilors Hauck/Hagen m/s to approve Consent Agenda item//7. Voice vote: all AYES. Motion passed. PUBLIC FORUM Jack Blackburn/805 Oak Street/Spoke on behalf of Citizen's in Favor of Fair Local Improvement Districts. Requested council to place on the agenda, a request for a moratorium of six months on Local Improvement Districts at the next council meeting. Susan Hunt/220 Nutley/Questioned the process used for speaking on agenda items. Felt that because the Hillside Standard issue was sent back to committee, it was no longer on the agenda. She questioned if this was the case, if it were possible to speak on the Hillside Standards, Golden explained that the issue was on the agenda, and the council had already dealt with the issue. This item could not be spoken on during the public forum portion of the agenda. Hunt expressed her frustration of having the Hillside Development being sent back to committee level. Anna Hassell/25 Westwood/Submitted letter to council regarding Planning Action 96-094-Westwood Subdivision exclusion from the LID moratorium. Expressed concern over the consequences of a potential moratorium concerning the LID process as it pertains to their seven lot subdivision. Requested council to exempt their subdivision from a possible moratorium on the basis that the Westwood LID application was submitted on 9/07/97. Hassell clarified for council that the city policy that had changed and was spoken of in the letter, dealt with how a lot split was done and how this process was changed to being a subdivision. Steve Morjic/610 Chestnut/Spoke against a moratorium on Local Improvement Districts. Feels that the city has used the LID process for a likelihood of future development. Mort Smith/129 5th Street/Requests that his name not be used by any news reporters. Spoke regarding adding additional levels of enforcement to the noise ordinance. Suggested friendly, but persuasive notices at the High School and at businesses, etc. regarding permitted levels of noise. Council asked that Mr. Smith be notified when the noise ordinance comes before the Planning Commission. Council Meeting 10-07-97 2 Bob Sullivan/525 Sheridan Street/Felt that the study session the council held previously, gave license to neighborhoods to say they did not have to be participants in Local Improvement Districts. Explained that because of this study session, its looseness in comment and the unwillingness to represent policy, a dilemma had been created among people on the direction of the the LID process. Golden felt that if the council came up with a alternative plan for funding Local Improvement Districts, that there would be some kind of criteria worked into it for rebates. Golden voiced concern regarding a moratorium and how it relates to building. Does not believe in stopping a process just to see how to make it better. Laws has become dissatisfied with the current policy regarding LID's and has voiced his dissatisfaction. Understands how this could come across as a lack of direction, but explained that this is how you work out a problem to come up with a solution. Wheeldon clarified that in the case of the project for Mr. Sullivan and the Westwood project, that the council had been moving forward until the remonstrance and LUBA appeal came about. Feels that the council is committed to the policy of paving our streets. Golden gave brief history on the cities need to pave streets. NEW AND MISCELLANEOUS BUSINESS 1. Request for water service outside the City limits but inside the Urban Growth Boundary for Glen Ward and Monte George on property adjacent to Ashland Municipal Airport. Public Works Director, Paula Brown submitted request for water service to two properties on Dead Indian Memorial Road. Both properties are outside the City limits, but within the Urban Growth Boundary and both have documented evidence of failed wells. Both property owners have been hauling water to their properties for usage. Brown gave brief history and background on the request for service from Monte George and Glen Ward. Noted that one of the main concerns by the property owners has to do with potential fire danger. Brown explained that the existing facilities on the property and both properties are within 100 feet of a 2 inch water service line as required by the city resolution Establishing Standards for Water Connections Outside City Limits. Recommends council to direct staff to provide city water service connections in accordance with the Resolution 97- 27. Brown clarified that she is currently working with the city attorney to develop an agreement that could be used regarding restriction on future development to the properties. Golden explained that, in the past, this was an issue for approval of city water connection because of the intent of the owners to develop the property. Golden requested that an agreement be made with the owners that the property would not be developed before the water connection is made. Councilor Hauck reminded council that the resolution adopted by the council included a deed restriction that prevents partitioning or subdivision of the land. Councilor DeBoer/Laws m/s to approve request for water service. DISCUSSION: Clarification was made that partitioning and subdividing of property can be done just prior to annexation of a piece of property. City Attorney explained for council that a deed restriction would be put onto the property immediately, so it could not be partitioned or subdivided. Roll Call vote: Laws, Hauck, Hagen, Wheeldon and DeBoer, YES. Motion passed. 2. Proposal of Mayor Golden to amend position description for City Administrator. Golden stated that during the study session of the council, it was made clear that they did not want the criteria regarding utility duties restricting the field for potential applicants for the City Adminstrator positon. Explained that these duties have fallen under both the Electric Department head and the Administrator position for a number of years. The intent is to take the utility duties out of the Administrator's responsibilities and place it under the Electrical Superintendent's responsibilities. Councilor Hauck stated that even though there was consensus that this should not be a criteria in the recruitment process, he does not necessarily agree that it should be moved from the Administrator's job responsibilities. Voiced Council Meeting 10-07-97 3 concern that if this were taken out of the Administrator's job description, that there be concurrent language that describes it in the job description for the Electrical Superintendent. Golden explained that when the ordinance was initially done for the responsibilities of the Administrator, there were very different Directors of the Electric Department. Also noted the role of the Conservation Department with the utility issues. Councilor Laws believed that the council did not want this criteria to be a limitation to potential applicants, but understood that the possibility should kept open. Felt that the ordinance should be left alone until the position is filled. He felt that it may be possible to find an applicant that meets all these requirements and does not believe that this criteria would inhibit applicants from applying for the position. Golden noted her concern that the ordinance is different than what is currently being done. She would like to see this brought up to current practice. Wheeldon suggested that council work on this during the proposed council work session. Golden welcomed the suggestions and will continue to work with the city attorney on the proposed changes to the city administrators duties and responsibilities. Ed Kontowski/Shared with council his knowledge of the past on how the role of the city administrator came about to take on the electrical duties. Questioned why the city administrator should have the same role and duties as the Electric Director. 3. Memorandum from Dick Wanderscheid regarding public forum on "Ashland's Future Water Supply." Dick Wanderscheid, Conservation Manager presented to council one of the recommendations as proposed by the Communication Committee. The recommendation is to hold public discussion of issues through a Town Hall Forum. Requested councils input on topics to be used. Wanderschied stated that the topics suggested by the committee were, Paying for Streets and Sidewalks; Ashland's Future Water Needs and Options; and Ashland's Optimum Population Density. Wanderscheid explained that after discussion with members from the committee, the subject of "Ashland's Future Water Needs and Options" was the preferred subject for the first public forum. Council felt that this would be a great tool for council to use in getting information from the community on how they feel about certain subjects. Wanderschied explained for council the intent of the subject on Ashland's Optimal Population Density. That the intent was how infill is done, not necessarily population. Council consensus to move forward on this recommendation. 4. Memorandum from the City Conservation Commission regarding a city "Adopt a Street" program. Dick Wanderscheid, Conservation Manager explained the proposed Adopt a Street program. Stated that the program would be to involve streets that would be adopted for litter control through a commercial and residential component. The residential program would allow local residents, neighborhoods or families to adopt their neighborhood streets. Stated that the Conservation Commission designated $440 of FY 97-98 budget to implement the initial phase of the program. After that, a new line item in the Public Works budget would be included in future budgets to cover program costs. Requested council endorsement for the program which would enable them to move forward by setting up the program with potential adoptees. It was suggested that a list of streets be developed where a problem area has been Council Meeting 10-07-97 4 identified. This list could be used as the first streets to be adopted. Streams were also mentioned as a being added to the program in the future. DeBoer voiced concern and council agreed that there be no new signs on posts, but signs on existing posts. Council consensus for endorsing the Adopt A Street program proposal. 5. Request by Wes Vail for pavement cut on Van Ness Avenue just south of Helman Street. Brian Aimquist, City Administrator presented a proposed request for a cut in new pavement. Explained that the pavement was installed in the Fall of 1996 and is protected by moratorium umil the Fall of 2004. The purpose of the requested cut is to install a spur track to move several historic rail cars to a proposed structure on land Mr. Vail owns between Van Ness and Central Avenue. Almquist explained the background and stated that an application for a rail crossing permit had been filed with the Oregon P.U.C. Recommended that council approve this request subject to approval of the crossing by the P.U.C. Explained that this was put on the agenda late because Mr. Vail would like to begin work on this project within the next two weeks. Planning Director John McLaughlin explained that the laying of railroad tracks does not constitute a land use issue and would not trigger a site review. McLaughlin has not experienced this situation in the past and does not see how the permit process fits into this review process. He explained that when there is building done on the property or change is made on the usage of the property, a site review would be triggered. Councilor DeBoer and Laws would not approve of this request without further public input based on the possible impact to the neighborhood and potential safety issues. Laws was not clear on the need for the pavement cut and would like to see further study and information. No action taken by council. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second reading by title only of "An Ordinance Amending Chapter 18.62 of the Ashland Municipal Code - Land Use Ordinance, Adopting New Hillside Development Standards." Action by council was by motion to send proposed ordinance back to committee level as earlier discussed on agenda. Reading by title only of "A Resolution Declaring the Canvass of the Vote of the Election Held in and For the City of Ashland, Oregon, on September 16, 1997," and Mayor's Proclamation Regarding Passage of the Youth Activities Levy." Councilors Laws/Hauck m/s to approve Resolution #97-34. Roll Call vote: Laws, Hauck, Wheeldon and DeBoer, YES. Councilor Hagen was absent from the room. Motion passed. 3o Reading by title only of "A Resolution Endorsing a Special Session of the Oregon Legislature to Develop an Acceptable Transportation Funding Package." Councilors Hauck/DeBoer m/s to approve Resolution #97-35 with amendment adding the wording "consideration of public and alternative transportation and additional statewide motor fuel tax;" to item number 2 of the resolution. Roll Call vote: DeBoer, Wheeldon, Hauck, Laws, YES. Councilor Hagen was absent from the room. Motion passed. Authorization for Mayor and City Recorder to sign renewal of lease with Civil Air Patrol for hangar at Ashland Municipal Airport. Councilors Hauck/Laws m/s to approve authorization. Voice vote: all AYES. Motion passed. Council Meeting 10-07-97 5 Authorization for Mayor and City Recorder to sign Rental Agreements with Don Fitch and Steve Gies for hangars at Ashland Municipal Airport. Councilors Hauck/DeBoer m/s to approve authorization. Voice vote: all AYES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Wheeldon noted the proposed facilitated council session and asked council members to check their schedules for this session. The session is tentatively set for October 27th from 2pm until 6pro. An alternative date is November 3rd. Council agreed with Councilor DeBoer's request that at the next scheduled study session, that the subject of LID's be continued. Council discussed the subject of the proposed moratorium on Local Improvement Districts. Councilor Laws noted that the council is still in the process of trying to come up with ideas and solutions and does not believe there is a need for a moratorium. Laws felt that the council should continue working toward alternatives and then move quickly on these alternatives. Council discussed how suggestions are brought forward for council discussion and agreed that the issue is on how street improvements are funded. Information was requested from the Planning staff on how LID's are handled through the planning process and how "to and through access" is handled. Councilor Hauck commented that until the process is changed, that the existing process should be followed. ADJOURNMENT Meeting was adjourned at 9:15 p.m. Barbara Christensen, City Recorder Catherine M. Golden, Mayor Council Meeting 10-07-97 6