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HomeMy WebLinkAbout1997-1202 Council Mtg MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 2, 1997 PLEDGE OF ALLEGIANCE Mayor Golden called the meeting to order at 7:04 p.m., Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Wheeldon and DeBoer were present; Councilors Hage~ and Hauck were absent. APPROVAL OF MINUTES Minutes of the Regular meeting of November 18, 1997 were approved as presented, minutes of the adjourned meeting of November 19, 1997 were approved with the following amendment. At the bottom of page six, the sentence reading "Mayor Golden declares conflict of interest due to being a property owner on the hillside" should be corrected to read "Mayor Golden declares a conflict of interest due to being a property owner on the ridgeline." SPECIAL PRESENTATIONS & AWARDS 1. Presentation of Ahwahnee Award to the Community Development Department, for the newly adopted Transportation Element of the Comprehensive Plan. Mayor Golden read background on Ahwahnee Award presented to the Community Development Department, which recognizes exemplary projects that further an evolution toward more livable, pedestrian-oriented and transit-based communities. CONSENT AGENDA 1. Minutes of Boards, Commissions and Committees. 2. Monthly Departmental Reports - October, 1997. 3. Appointment of Paul Nolte as Judge Pro-Tem for December 20, 1997. Councilors Reid/Wheeldon m/s to accept the consent agenda as presented. Voice vote, all AYES. Motion passed. PUBLIC HEARINGS 1. Appeal Hearing on a Planning Commission denial of a Variance to allow property at 1405 Tolman Creek Road to accommodate four llamas per acre rather than two. (Applicant Sherry Johnston). At the request of the applicant, the appeal hearing was continued to the December 16, 1997 meeting. 2. Citizen/Board and Commission Members input on 97-98 Council Goals, not previously submitted in writing. PUBLIC HEARING OPEN: 7:11 p.m. Mayor Golden noted that Interim City Administrator Scoles had compiled written citizen input for Community Goal Setting for '98-'99. No one came forward wishing to speak. PUBLIC HEARING CLOSED: 7:11 p.m. 3. Appeal Hearing on a Planning Commission Denial of a Conditional Use Permit to add additional unit (total of 5) to an existing 4-unit plus owner's quarters travelers accommodation located at 570 Siskiyou Blvd. (Applicant Laura Shrewsbury). Mayor Golden read the guidelines and procedures for a Land Use Public Hearing. City Council Meeting 12-02-97 EXPARTE CONTACT: Councilor Reid reported site visit. Reid noted that she is an owner of a lodging business. PUBLIC HEARING OPEN: 7:14 p.m. STAFF REPORT: Planning Director, John McLaughlin read criteria for travelers accommodations from the Ashland Municipal Code. McLaughlin presented overheads showing present layout, and explained location and history of the site. Noted that the proposed additional unit would reduce the owner's living quarters, and explained that an expansion follows the same approval process as a conditional use permit. Stated that the Planning Commission had denied the original application as it was determined that the owner had purchased a home elsewhere in Ashland, and the travelers accommodation was no longer the owner's primary residence. McLaughlin read the ordinance language regarding the requirement for traveler's accommodation found in 18.24.030.k.1.: "That all residences used for travelers accommodation be business-owner occupied. The business-owner shall be reauired to reside on the property occupied by the accommodation, and occupancy shall be determined as the travelers accommodation location being the primary residence of the owner during operation o£ the accommodation ..... " McLaughlin clarified for council that the reason the travelers accommodation license wasn't revoked based on this determination, was due to an enforcement issue and would be dealt with after tonight's decision by council. Councilor Reid questioned whether location was for sale, noting that this modification would reduce living space for a new owner. McLaughlin explained that all requirements relevant to building codes had been met, with the exception of the owner's maintaining "primary residence" on site. APPLICANT: J. Michael LaNier of the Richard Stevens Company, LLC/336 W. Sixth, Medford/Agent for Applicant/Questioned definition of primary residence, noting that the city code does not provide a specific definition. Noted that the original staff report stated staff felt that residence meant, occupant sleeping on site at all times. Explained that the owner had endeavored to remain in compliance at all times for the past years. LaNier distributed information from 1990 Black's Law Dictionary defining residence and noted that residence is not synonymous with domicile. Cited military, "home of record", as an example for determining residency and noted that Shrewsbury had established residence at 570 Siskiyou Boulevard. LaNier argued that it is Shrewsbury's legal domicile, and is where mail is received and telephone is listed. LaNier explained that Shrewsbury is on site when clients are present, and that there are no "drop-ins" compared to a motel/hotel business. Client use is based on a reservation list only, so knowledge of use is always a known factor. Stated that the owner is in residence whenever business is operational and it is her prima facie residence, legal domicile and therefore feels that Shrewsbury is in compliance. LaNier also noted that to his knowledge, the property is not currently for sale with any agent. Requested that council determine this location to be owner's domicile, and approve a conditional use permit. Noted that McLaughlin had confirmed this, as the only issue that staff felt was not in compliance. Councilor Wheeldon questioned whether owner is there overnight during operations, and LaNier confirmed that she stays on site overnight from March to November. Councilor City Attorney, Paul Nolte explained that the issue is the definition of primary residence. Explained that council can rule as they wish, and are not bound by court rulings from other States or Black's Dictionary. 2 Reid noted previous situation of the Chanticleer Inn, where owners had to lease the business to a manager, in order to allow them to live next door. LaNier questioned City's role in "micro managing people's lives", and stated that the Shrewsbury's are keeping with both the letter and spirit of the law. Asked council to blend needs of business community and the community at large, noting the need for housing in light of the recent closure of the Mark Antony Hotel. Nolte confirmed for council where it is reported in the staff report, a statement that Mrs. Shrewsbury sleeps in the accommodation. Councilor Laws questioned if LaNier was certain she sleeps there every night during the season, and LaNier stated it was his understanding that she did. IN FAVOR: None IN OPPOSITION: None PUBLIC HEARING CLOSED: 7:51 p.m. STAFF RESPONSE: Planning Director, John McLaughlin confirmed history on previous negotiations concerning situation at the Chanticleer Inn. Explained that the intent of the ordinance was for owners to reside in their homes, on site, and be part of the neighborhood. Noted that a resident business-owner leasing the site fits this situation, because their remaining in business was dependent on their day-to-day operation of the site where they were living. Emphasized that the criteria established, does not allow for an on-site manager or someone else to nm the business, it must be the resident property owner or business owner leasing the property. McLaughlin noted one example he was aware of where an owner of a travelers accommodations lives on site only during operation. Explained that the owner maintained an apartment in Sacramento for business travel, but that it was determined his primary residence was the travelers accommodation in Ashland. Again stated the intent of ordinance, which was that travelers accommodations be the home of the owner. REBUTTAL: LaNier restated that the applicant is seeking a fifth unit to the accommodation and that they have complied with the letter of the law and that the city ordinance does not define residence. It is his opinion that the primary residence is the legal "home of record". Noted that Shrewsbury's are a family in transition, and that they are considering selling the business. Councilor Laws noted that when the ordinance was originally proposed, many neighborhoods were opposed. The requirement of primary residence was needed to make owners part of the neighborhood and compatible with the concerns of the neighborhood community. Laws stated that this is a good principle to follow, as it creates a commitment and sense of belonging on the part of the owners, and that Mrs. Shrewsbury is only there in a commercial way, not as a neighborhood resident. Laws agreed with the Planning Commission findings both in terms of intent, and in terms of a common sense definition of primary residence. Councilors Laws/Wheeldon m/s to deny the appeal. Roll call vote: Laws, Reid, Wheeldon and DeBoer, YES. Motion passed. Consideration of recommendation to reduce the Wastewater System Development Charges as recommended by the Systems Development Charge Committee. PUBLIC HEARING OPEN: 7:54 p.m. City Council Meeting 12-02-97 3 Interim City Administrator Greg Scoles explained the last page of the report which gave examples of SDC charges and the changes to be made. Finance Director, Jill Turner explained for council why the reduction was being made only to single family rates. This was done because other rates had received appropriate reductions previously, but that the single family rate had not been reduced properly. Turner explained amount of reduction listed in the "Sewer" column under "Single Family (ITE 210)", as a reduction from $2,255 to $2,123. Council discussion regarding the possibility of retiring the Food and Beverage Tax earlier than expected. It was noted that it was not sufficient enough to do this. PUBLIC HEARING CLOSED: 7:59 p.m. Councilors Laws/Reid m/s to adopt recommendation to reduce the Wastewater System Development Charges. Roll Call vote: Reid, Wheeldon, DeBoer and Laws, YES. Motion passed. PUBLIC FORUM John Fields/845 Oak St./Suggested adoption of an overlay for the Railroad District. Concerned about property across tracks at 4th Street, traffic on A Street and parking issues. Fields would like a plan similar to the downtown plan implemented for the Railroad District. Mayor Golden noted that Planning Director, John McLaughlin had provided council with information on what is being implemented in terms of a Railroad District plan. Noted that this will be included in the upcoming Council Goal Setting session, and that McLaughlin could make this information available to Mr. Fields. Brent Thompson/582 Allison St./Concurred with Fields on the need for a Railroad District plan, citing the need for a pedestrian/bicycle crossing at 4th Street. Noted the 1995 meetings regarding Highway 66, and asked that the city paint green proposed medians in a noncontroversial area along the highway. Felt that this would give citizens an idea what medians would be like and allow movement toward making more areas with medians on Siskiyou Boulevard. NEW AND MISCELLANEOUS BUSINESS 1. Authorization by Council for Site Review for the construction of a 7800 square foot City office building located at 1175 E. Main Street (Planning Action 97-100). PUBLIC COMMENT OPEN: 8:05 p.m. Bob Taber/97 Scenic Dr./Felt that moving City Hall is bad idea. Cited 1988 downtown plan that recommended City Hall remaining in core of the city. Reminded council of former Governor Roberts strong recommendation to resist suburbanization of cities. Noted that the moving of City Halls from city cores, have historically adverse effects on the core's economic health. Felt that the 1993 adopted Resolution was a contract that had been broken, and that it is an error in judgemere to further pursue the relocation of City Hall. Stated that he had spoken with ninety five business owners in the downtown area who were shocked that this was still underway. Urged the council to withdraw plans and honor the 1993 adopted Resolution. Jim Lewis/640 A. St./Agreed with Mr. Taber. Noted the history of the ad hoc Space Needs Study Committee's process with regard to this issue. Felt that even if a small group of employees were to be moved, that the new building proposed represented a large investment by the city away from the core downtown area. Questioned the amount of space actually needed, and asked that council not make a decision now, but to hold 4 further public meetings to formulate an alternative plan. Concluded that the proposed building would be a shortsighted investment. Ron Roth/6950 Old Hwy 99 South/Provided information to council on space needs, the bigger picture and explained contents. Noted the need for a Siskiyou Bicycle Path and for sidewalks on Tolman Creek Road. Stated that these needs are more important than office space needs. Also suggested that a new library could be built on the 1175 East Main site. Asked that council review priorities and not seek this site review. Rick Vezie/446 Walker Ave./Noted his involvement in this process over the past four years. Stated concerns about citizen involvement in this process. Noted contract with city when his ballot initiative was withdrawn and the adoption of Resolution//93-41. Explained that the Ad Hoc Space Needs Committee recommended use of building funds to acquire space downtown. That while Resolution #93-41 may not constitute an enfomeable legal contract, it is an agreement that three current councilors played a part in and should be honored. Asked that the agreement be honored, and not just "substantially fulfilled". Brent Thompson/582 Allison St./Noted that the previous space needs calculations did not take the needs of the Fire Department into account. Asked that council hold off on a decision until further study is done on the possible relocation of the Fire Department. Noted possible alternatives for location and the use of funds to include a larger project involving City Hall and the Fire Department. Felt that this combination would provide some cost savings. Concluded by asking council to take advantage of this opportunity for a creative solution. John Fields/845 Oak St./Noted lengthy nature of process and changing trends of public identity. Felt that council should consider not remodeling current City Hall. It was his belief that Hillah Temple intends to move, and that site's location and surroundings make it a primary candidate for a public building. Noted that the 1175 East Main site will always be available and that the purchase of the Hillah Temple site would reinforce presence in the downtown and that the building would only increase in value. Felt that the site would not continue to be available if opportunity to purchase is allowed to pass. PUBLIC COMMENT CLOSED: 8:35 p.m. Mayor Golden noted the history of the Ad Hoc Space Needs Committee and read out loud the recommendations submitted by this committee, to the city council, dated April 13, 1994. Golden reported progress made or completed on these recommendations. Golden firmly stated that the downtown employees in City Hall, would remain downtown. That the $1.25 million earmarked for the improvement of city offices has remained as designated but that the fund has actually doubled. The additional funds would be for the proposed addition at East Main to house Public Works Department, currently being housed in rental space across from City Hall. Noted that negotiations had fallen through with Hillah Temple, and that the building isn't usable. That it would require new construction limited by the need to protect views of the houses located to the rear. Golden restated that Public Works would use the site at 1175 East Main and that City Hall would be rehabilitated. Confirmed that public process has been properly conducted and that City Hall will remain downtown. Vezie asked for clarification, noting that the process had been "less than perfect". Questioned how first recommendation had been fulfilled and how funding had been reorganized. Also questioned the proposed six year timeline. Golden asked that focus be shifted to moving timeline ahead for sooner completion and noted concerns about space needs for city employees during remodel. Stated that the new building on East Main would serve to provide housing for employees during the City Hall remodel. Felt that while the timeline is a legitimate City Council Meeting 12-02-97 5 concern, that the logistics of the plan to build on East Main and remodel City Hail are sound and necessary for the situation. Councilor Reid noted that 12 years ago, the council had stated that City Hall would stay downtown. Felt that the city is committed to remaining downtown as investments and projects have repeatedly shown. Councilor DeBoer noted that the current Public Works and Engineering space being rented at 271/2 N. Main, cannot be made to comply with the Americans with Disabilities Act (ADA), without considerable expense to remodeling the rented space. Councilor Laws noted that for years city employees have been working in inaccessible and unsafe work spaces. Stated that the council is committed to City Hall remaining downtown. Explained that the timeline was laid out to meet projected needs for increased city personnel. That the only personnel who have moved are the Street Department, Electric Department, Water Department and Computer Services. Other than Computer Services, these departments were previously at an old shop space on A Street and are now closer to downtown core. Laws stated that there has been no consistent removai of personnel from the downtown City Hall. Felt that the study has been done, plan is complete, and that the city should proceed with site review. Councilor Wheeldon agreed that the Hillah Temple building would be an excellent public space, but it is not readily available within a reasonable timeframe. Felt that extending the process further would only prolong the process unnecessarily. Wheeldon expressed interest in finding a way to link projects to obligate future councils and set a timeline, and would like to see this completed sooner than the year 2005. Noted the need to plan for future space needs downtown as well. Councilor DeBoer expressed support for authorizing the site review. Noted process involved and stated he would like to reconvene Space Needs Committee. Also in favor of continuing to pursue Hillah Temple purchase. Councilor Wheeldon questioned the possibility of connecting the projects and confirming commitment. City Attorney, Paul Nolte noted the difficulty in binding future councils. Nolte stated that even if the issue were submitted to a vote of the people and the charter amended, the project would be subject to available funds. Suggested that there may be a possibility to finance through a bond issue. Council discussion regarding public's concern that the project would not be completed due to the lengthy timeline and what they could do to aileviate this concern. Councilor Laws asked that Interim Administrator Greg Scoles and City Attorney Paul Nolte look into a plan that would accelerate the project and return their findings to council at a meeting in the near future. Felt that the proposed plan could be placed on an upcoming agenda and formaily adopted. Noted that this is the strongest commitment that the council could make and he has continued faith in present and future councils. Golden requested that Finance Director Jill Turner work with Scoles to bring a revised plan back to council for the January 6th, 1998 meeting. Discussion of whether bonds were necessary for financing and what other finance options might be available. Councilors DeBoer/Laws m/s to authorize site review. Councilor Laws/DeBoer m/s to amend first motion asking that staff provide a plan to council with possibilities of accelerating this project. Voice vote: all AYES. Motion passed. 6 Vote on first motion: Voice vote: all AYES. Motion passed. Councilor Deboer noted that approving the site review does not represent a commitment, that it is just to begin the process for the site review. 2. Authorization by Council to set a Public Hearing Date for the Formation of Westwood Street LID to January 6, 1998. Councilors Reid/Wheeldon m/s to authorize setting a public hearing date for the formation of Westwood Street LID for January 6, 1998. DISCUSSION: Director of Public Works Paul Brown, noted options offered by Anna Hassel, including determining benefit to Nyla Lane residents. Brown noted that staff felt that Nyla Lane residents benefit and should pay. City Attorney Nolte clarified for council timeframe and procedure that would be involved if there is a change to the methodology of the assessment at the proposed public hearing. Explained that re-noticing would need to be done if there is a change in the assessed amount. Clarified that the public notice sent out to property owners would include the proposed method of assessment. Councilor Laws noted the city easement near the gully area on one side of the street, and suggested option 4 as the preferred option. Golden, Reid, DeBoer and Wheeldon all expressed approval of option 4 as well. Brown explained to council that there is no change in cost to property owners with the inclusion of Nyla Lane. Councilors Reid/Wheeldon m/s to amend original motion to include option 4, with the city splitting assessment rate with five Nyla Lane property owners. Voice vote: all AYES. Motion passed. Vote on first motion: Voice vote: all AYES. Motion passed. 3. Election of Citizens' Budget Committee Members (2). Councilors Wheeldon/Reid m/s to re-appoint Cate Hartzell to the Citizens' Budget Committee. Voice vote, all AYES. Motion passed. Councilors DeBoer/Reid m/s to appoint Michael Donovan to the Citizens' Budget Committee. DISCUSSION:Councilor Laws noted preference for applicant David Williams, who he had known since high school. Noted this is Williams' first time to volunteer, and that he was bright, a nice guy and a new face. Councilor Wheeldon agreed with Laws, noting the need to bring in new members to the committee. Councilor DeBoer noted that Donovan's appointment would be important in maintaining the relationship with downtown community and the city Chamber of Commerce. Roll call vote. Laws NO; Reid YES; Wheeldon NO; DeBoer YES; Golden NO. Motion failed 2-3. Councilor DeBoer moved to appoint Michael Bingham to the Citizens' Budget Committee. No second, motion failed. Councilor Laws/Wheeldon m/s to appoint David Williams to the Citizens's Budget Committee. DISCUSSION:Councilor DeBoer expressed his concern that the appointment needed to continue the representation of the Ashland Chamber of Commerce on the committee. Roll call vote: Reid, Wheeidon, Laws, YES; DeBoer NO. Motion passed 3-1. 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 and Adoption of Findings in Support." Councilors Laws/Wheeldon m/s to adopt Ordinance//2808. Roll call vote: Reid, Wheeldon, DeBoer and Laws, YES. Motion passed. City Council Meeting 12-02-97 7 Reading by title only of "A Resolution Repealing the Wastewater System Development Charges Methodology and Charges and Adopting a New Wastewater System Development Charges Methodology and Charges, Pursuant to Sections 4.20.050 and 4.20.040 of the Ashland Municipal Code, and Amending Resolution 96-47." Councilors Wheeldon/Laws m/s to adopt Resolution #97-41. Roll call vote: DeBoer, Reid, Laws and Wheeldon, YES. Motion passed. o First reading of "An Ordinance Amending Section 11.54.050 of the Ashland Municipal Code to Reduce Criminal Penalties for Skateboard Violations in the Downtown Area." Rueben Davis/865 Wagner Cr. Rd., Talent/Spoke regarding Chief of Police, Scott Fleuters' recommendations. Asked to reconvene the original committee in order to look at the ordinance again. Stated that the ordinance's original spirit and enactment doesn't match well and resulted in perception of discrimination over helmet requirements. Felt that it is not necessary to require helmets everywhere, and that the ordinance has created problems because of this. Commented on other issues including inconsistent enforcement, and asked that council move to reconvene skateboard committee. Mayor Golden noted original willingness to wear helmets by skateboarders in previous public meetings. Councilor Reid noted the value of warnings and the variety of elements which come into play on this issue. Discussion of perceived discrimination between skateboarders and bicyclists. Cate Hartzell/881 East Main St./Questioned makeup of original committee. Stated that council can change regulations but cannot change skateboarding culture. Noted discrimination in enforcement, stating that cars and bikes aren't confiscated whereas skateboards are. Explained that skateboarders, and teenagers in general, are sensitive to their treatment and this treatment can create lasting impressions. Requested that the skateboard committee be reconvened and publicly noticed. Golden noted discrimination is an enforcement issue and confiscation is in the downtown area. Councilor Laws asked that Interim City Administrator Scoles meet with Police Department to discuss enforcement issues. Felt that we must allow police officers some judgement. Noted that skaters are not typically carrying identification where motorists do. Councilor DeBoer recommended changes in the requirement of helmets and reducing all fines by one-half. Chief Fleuters explained that officers could enforce a street-only helmet requirement, but questioned how officers were to handle crosswalk skating. Councilor Wheeldon questioned enforcement of helmets in front of homes. Fleuters noted officers would engage the skaters in conversation and make decisions based on the situation. Explained that contact is frequently complaint generated and that discretion should play a role in enforcement. Deboer again stated his proposed changes which would require helmets on the street and make them "optional elsewhere, but recommended at all times", and halving all penalties. Councilors DeBoer/Laws m/s to change ordinance to require helmets only on streets and cut criminal penalties in half. DISCUSSION:City Attorney Paul Nolte noted the need to do a full reading of a first reading on an ordinance. Recommended that council allow staff to bring a proposed amended ordinance back for approval at the next council meeting for a possible first reading. Motion and second withdrawn. Council agreed to have staff bring back a proposed ordinance, with recommendations, for first reading. 8 4. Reading by title only of "A Resolution Exempting from Competitive Bidding the Selection of a Financial Software System for the Department of Finance and a Records Software Program for the Police Department." Council discussed how exemption from competitive bidding, in special circumstances, could make negotiation easier and cheaper. Councilors Laws/Deboer m/s to adopt Resolution//97-42. Roll call vote: Wheeldon, Laws, DeBoer and Reid, YES. Motion passed. 5o Reading by title only of "A Resolution of Intention to Provide for Improvements to Westwood Street Consisting of Curbs, Gutters, Sewers, Storm Drains, Paving and Sidewalks and Setting a Public Hearing." Councilors Deboer/Wheeldon m/s to adopt Resolution //97-40. Roll call vote: Reid, Laws, Wheeidon, and DeBoer, YES. Motion passed. Councilor DeBoer thanked Anna Hassell for all her efforts. OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Wheeldon noted request from Parks and Recreation Commission to repaint the Butler Bandshell in Lithia Park. Council discussion on who would be responsible with regard to the historic status of the Band Shell. It was determined that this request should be handled by the Parks and Recreation Department to the appropriate source. Noted that there will be no council study session on December 17th, 1997. Public Works Director, Paul Brown noted that R.V.C.O.G. will be making a presentation on the T.A.P. intertie project at the next meeting December 16th, 1997. Councilor Wheeldon suggested a light agenda to allow discussion of this project. ADJOURNMENT Meeting was adjourned meeting at 9:53 p.m. B Christensen, City Recorder Catherine M. Golden, Mayor City Council Meeting 12-02-97 9