Agendas and Minutes

City Council (View All)

Regular Meeting

Minutes
Tuesday, October 02, 2001

MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 2, 2001 – 7:00 p.m.
Civic Center Council Chambers, 1175 E. Main Street



PLEDGE OF ALLEGIANCE
Mayor DeBoer called the meeting to order at 7 p.m. in the Civic Center Council Chambers.

ROLL CALL
Councilors Laws, Reid, Hartzell, Hanson, Morrison and Hearn were present.

APPROVAL OF MINUTES
The Regular Council Meeting Minutes of September 18, 2001were approved as presented.

SPECIAL PRESENTATIONS & AWARDS
Proclamations of October 2001 as Breast Cancer Awareness Month and October 7 – 13, 2001 as National Fire Prevention Week were presented.

Representatives from the Rogue Valley Rowers, sponsored by the Ashland Community Hospital, briefly explained their fund raising efforts for Breast Cancer Awareness, and noted that their efforts brought in about $1,000 in donations.

Ashland Fire Department staff introduced themselves and Assistant Fire Chief David Hard expressed the departments gratitude to the city for their support. Hard informed the council of fire prevention activities that will be taking place during the month of October.

Mayor recognized City Recorder/Treasurer Barbara Christensen for an award presented to her at the annual conference of the Oregon Association of Municipal Recorders. Barbara was awarded the 2001 President’s Award of Distinction by OAMR for her work advancing educational and scholarship opportunities in this organization.

CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees.
Councilors Hartzell/Morrison m/s to approve Consent Agenda. Voice Vote: all AYES. Motion passed.

PUBLIC HEARINGS
1. Public Hearing to consider formation of the Helman Street Sidewalk Local Improvement District.
Councilor Morrison stated his potential conflict of interest as he owns a home on Helman Street.

Public Works Director Paula Brown presented brief synopsis on resolution authorizing formation of local improvement district to construct sidewalks, improved crosswalks, access ramps and other related street and sidewalk improvements on Helman Street between Van Ness Avenue and Nevada Street. City Engineer Jim Olson explained for the Council that through neighborhood meetings, it was determined that speed bumps would not be necessary.

PUBLIC HEARING OPEN: 7:23 p.m.

Fred Roberts/143 Nutley/As a property owner in this LID, he questioned why his property would be included as it is zoned industrial rather than residential. He explained that property owners had adhered to safety standards by installing sidewalks, and did not feel it was fair to charge these property owners an assessment for something they had already installed and paid for. Roberts stated his support in providing safe sidewalks in school areas.

Herman Edel/374 Helman Street/As a property owner of two lots in this LID, he explained that he had installed sidewalks and was told by staff at that time, that he would not be included or charged for any future construction of sidewalks in this area. He requested that he only pay his fair share of installing crosswalks, but not additional costs for sidewalks.

Brown clarified for the council that the purpose of the LID was to provide a safe and continuous pedestrian route for the neighborhood and that the entire neighborhood is being assessed equally in order to provide a safe transportation route. Olson clarified that Mr. Roberts does not have a sidewalk, but that it is actually a paved parking lot.

Total construction costs for the proposed LID is $153,265 less CBDG Grant of $7,800, subtotaling $145,465. The City’s participation at approximately 75% would be $109,084, which leaves amount to be assessed at $36,381 - a cost of $543 per lot. Brown stated that the project would begin next month upon approval of the Council.

It was noted that under Exhibit A, footnotes for #51 & #52 need to be examined and verified for correctness.

PUBLIC HEARING CLOSED: 7:40 p.m.

PUBLIC FORUM
Herman Edel/374 Helman Street/
Announced the Margot Anderson Brain Restoration Foundation's "Wings of Hope Weekend," taking place November 2 - 3, which celebrates life and recognizes the importance of continuing efforts to battle brain damage and to further brain restoration research.

Karen Darling/490 Strawberry Lane/Requested that the council consider a change to the accessory unit ordinance to include the ability to put in kitchens and to use them as a residence. She noted various benefits that this could provide, such as affordable housing, supplementary income for homeowners to pay for LID's, and allowing more care options for the elderly and disabled. She believes this change would have little impact on traffic patterns.

Jennifer Audet/364 Kearney/Requested that the Council considers more accommodating laws for bicycle riders. She explained that she has had conversations with Ashland police officers in regards to using more room in car lanes for bicycle users and noted her need to transport items with a bike trailer.

Dennis Donahue/48 Gresham/
Requested up-to-date status reports on progress and costs associated with the Ashland Library renovation project. He noted the many disruptions and inconveniences the neighborhood endures while the project continues.

Eric Navickas/711 Faith/Informed the Council that the City of Medford had approved an Art Commission which includes art in city projects. In addition, he commented on the "Big Box" ordinance and noted Section 18.72.050 of the AMC and how it relates to the OSF parking project. He felt that any change should encourage small footprints and in order to maintain the integrity of the downtown area, the 45,000 square footage should not be changed.

Councilors Reid/Morrison m/s to place item regarding accessory units on agenda for discussion. Voice vote: all AYES. Motion passed.

Councilors Hartzell/Hanson m/s to place item regarding pedestrian use of Siskiyou Boulevard on agenda for discussion. Voice vote: all AYES. Motion passed.

Mayor DeBoer noted that he would check on the regulations concerning bikes on Siskiyou Boulevard, and urged Audet to apply for the current opening on the Bike and Pedestrian Commission. He also noted that the Library construction project is about 2 weeks behind due to an issue with soft dirt, and that he does not anticipate spending more than 50% of the contingency, so there will be funds left over. He suggested a more formal report be put on the agenda to bring the Council up to speed. He apologized to the neighborhood for the accidental cutting of the phone lines, and noted that almost all of the work affecting the trees is completed.

Councilor Hartzell motion to place discussion regarding Library Project on agenda for discussion died due to lack of second.

Mayor DeBoer encouraged anyone interested community art projects to contact Richard Benson at the Hardwood Gallery, and noted that perhaps sometime within the next few months there will be a study session where this can be discussed. He also noted that on November 7th, at 7p.m., there will be a study session where the "Big Box" proposed changes may be addressed.

UNFINISHED BUSINESS (None)

NEW AND MISCELLANEOUS BUSINESS
1. Update on water use.
Public Works Director Paula Brown provided, to the Council, an update on the current water use and temperature comparison for September 2001. The report indicated positive results, but Brown cautioned that the month of October has historically been dry and is hesitant to lift the water curtailment until after October. She noted an inflow of about 2 million gallons per day. She expects that the request to lift the restraint would be at the next council meeting.

2. Update on revised Planning for Tolman Creek Road improvements.
Public Works Director Paula Brown presented, to the Council, a revised plan for the Tolman Creek Road improvements. She noted the following proposed directions: 1) Using current funding allocation of $184,000, to complete the full design of Tolman Creek Road improvements including storm drains, sidewalks on both sides, curb, gutter, other street amenities and pedestrian safety items. Included in the design would be right-of-way annotations and necessary surveys. Neighborhood meetings would take place between November 2001 and June 2002. 2) At the conclusion of the design plan, staff would bring to the council the preferred design and a financing plan to complete a phased construction plan. Construction would begin in the summer of 2002. 3) Remaining construction items would be phased over the next couple of years depending on financing plan.

Hartzell asked about the possibility of interim steps being taken to improve safety. Brown explained the possibility of temporary intersection improvements.

3. Discussion of development of an Outdoor Dining Ordinance regarding use of sidewalks and public rights-of-way.
Community Development Director John McLaughlin explained that there is no current regulation or enforcement on use of sidewalks for outdoor dining. He stated that there is a need to establish standards that could be followed and presented a proposal that would establish an outdoor dining ordinance, including all necessary policies. He noted that the effort to develop the ordinance involved affected property owners and businesses, as well as the public at large.

Laws stated his concern that the City receives fair compensation for the benefits they are giving by allowing business use of public property. McLaughlin explained that part of the proposal includes application and permit fees and noted the current policy used by the Parks Department. Hartzell questioned regulation of the use of temporary fences on the sidewalks during construction. Brown clarified for the Council that permits are required which ensures that businesses provide an alternate path for safe pedestrian traffic.

Reid requested that proper noticing be done on this proposed ordinance, and that flexibility be incorporated into the ordinance. McLaughlin explained that conditions relating to the different areas would be taken into consideration when drafting the proposed ordinance. In addition, he stated that staff would provide information on potential impact. Morrison noted his support for moving the issue forward, and commented on the cleanliness standards included in the proposal.

4. Council discussion regarding accessory units.
McLaughlin explained that the purpose of the ordinance was to maintain low density, and that the amendment would affect the half-acre zoned areas of the City. Laws stated that he has no opposition to re-examining the ordinance, though he feels density should be discouraged in certain areas of the city. Further, he noted that variances for temporary permits should be considered. Hartzell noted the higher level of risk in relation to fire hazards and cautioned the Council about adding priority projects to the staff’s current workload. Scoles noted that there is a process for applicants to apply for legislative change if they would like to move the issue forward. Hearn commented on how accessory units could provide affordable housing, and that in some areas, due to larger than half-acre lot sizes, allowing accessory units would not significantly increase the area's allowable density. DeBoer noted his support for the amendment.

5. Council discussion regarding bicycle use of Siskiyou Boulevard.
Police Lieutenant Mike Bianca explained for the Council safety issues and concerns when allowing bicycle use on public streets. He noted that State Law asks bicyclists to stay as far to the right as is safely possible. Laws noted that this is not a matter the Council can decide, but is a matter of State Law, and that the Police officers need to interpret and enforce it. It was suggested that literature provided by the State could be distributed by Ashland police officers, which might be helpful and educational.

6. Update on Perozzi Property Sale by Southern Oregon University.
City Attorney Paul Nolte explained that the proposed subdivision of the Perozzi property by Southern Oregon University (SOU) was approved on the Jackson County Hearings Officer level on September 25, 2001. The City’s concerns regarding development standards and fire suppression have been incorporated into the County decision. Adequate trail access through the property to connect to the City’s Siskiyou Mountain Park has not been resolved. The Parks and Recreation Commission has expressed a desire to appeal the County’s subdivision approval while continuing negotiations to resolve trail access. Staff requested the Council’s authorization to continue negotiations for an adequate trail access through the Perozzi property and to appeal the Jackson County Hearing Officer’s decision to approve the subdivision.

Reid noted that there is an existing public easement, but it is a trail that has not been developed or used. She questioned if there would be benefit to considering development of this trail system rather than pursuing the proposed trail access. Laws explained that the issue is one of timing and felt it unfortunate that the City is finding it necessary to appeal the decision by the Jackson County Hearings Officer. He noted his opinion that the old easement is unusable due to steepness and lack of parking. Reid felt she could not support the recommendation until she more clearly understood all of the issues involved. Nolte noted that the offer for the trail has been withdrawn due to neighborhood objections. Morrison voiced his concern in supporting the recommendation and that he would prefer avoid appeal and to continue negotiations with good faith efforts on both sides.

Mayor DeBoer stated his opinion that if the City does not appeal it will not get an easement, and noted that there is a valid basis for an appeal. He suggested that an appeal be filed, and that the Council agree to drop the appeal if we get the trail that we want and that we will put the fence up at the time the trail is developed. Hearn noted that there are good faith reasons for the appeal and he thinks it is an instrumental negotiating position. Hartzell questioned the City's grounds for appeal. Nolte clarified that the grounds for appeal would be livability and walkway standards that he doesn't believe were addressed in the County Ordinance. DeBoer suggested that the cost of appeal would be under $1000.

Councilors Laws/Hanson m/s to authorize staff to continue negotiations for an adequate trail access through the Perozzi property and to appeal the Jackson County hearings officer’s decision approving the subdivision. DISCUSSION: Morrison questioned if safety is an issue. Reid expressed concern about pushing for a trail that may go nowhere, and her thoughts about the importance of using easements that presently exist. Hartzell noted that in the future she would like to be kept up-to-date and informed about meetings on this issue. Also that the staff briefing give an indication of how issues have or have not been addressed. Voice Vote: all AYES. Motion passed.

ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Reading by title only of "A Resolution authorizing and ordering improvements for Helman Street, between Van Ness Avenue and Nevada Street consisting of sidewalk and associated improvements within the Helman Street Sidewalk Local Improvement District No. 82, and authorizing the assessment of the cost of the improvement against property to be benefitted and authorizing the City to borrow money and issue and sell notes for the purpose of providing interim financing for the actual cost of the local improvement."
Councilors Morrison/Hearn m/s to approve Resolution #2001-28 with noted pending correction to foot notes for #51 & #52.
DISCUSSION: Laws noted the difficulty in calculating a method for assessing property owners and city participation, in a manner beneficial for property owners. Council members noted the positive staff process that was available to the neighborhood and the consensus by the neighborhood on the need for a safe pedestrian area for the school children. Roll Call Vote: Hearn, Hartzell, Hanson, Laws, Reid and Morrison, YES. Motion passed.

OTHER BUSINESS FROM COUNCIL MEMBERS
Hartzell expressed her support of ongoing updates on the status of City projects. Morrison agreed that providing information to the Council on various city projects and issues is very important. Laws stated that he has no objections to periodical updates and progress reports but doesn't support mandated report dates.

Councilors Hearn/Reid m/s to request staff to speed up priority on the accessory residential unit ordinance. DISCUSSION: Laws questioned what projects would be put to a lower priority in order for this to be put on a higher priority, and if we really want to do that. Reid noted that she is in favor of looking into this issue further. Hartzell listed several items currently on the staff's agenda and noted that she feels adding projects would cause delay.
Voice Vote: Hearn and Reid, YES; Hartzell, Laws, Morrison and Hanson, NO. Motion denied 4-2.

City Administrator Greg Scoles noted that an Administrator's report might be a good idea at the end of meetings. He briefly gave updates on the Hillah construction drawings, and the Fire Station and Library projects. Mayor DeBoer noted that Representative Alan Bates would be in attendance at the 12 noon, October 3rd Study Session


ADJOURNMENT
Meeting was adjourned at 9:27 p.m.


Respectfully submitted by Barbara Christensen, City Recorder

Ashland 24/7

Pay Your
Utility Bill
Connect
to AFN
Request Conservation
Evaluation
Proposals, Bids
& Notifications
Request Building
Inspection
Apply for
Building Permits
Apply for Other
Permits & Licenses
Register for
Recreation Programs

©2017 City of Ashland, OR | Site by Project A

Quicklinks

Connect

Share

Email Share