Loading...
HomeMy WebLinkAbout2008-08-11 Downtown Task Force_MIN DOWNTOWN TASK FORCE – MEETING #5 AUGUST 11, 2008 PAGE 1 of 4 DOWNTOWN TASK FORCE MEETING MINUTES AUGUST 11, 2008 CALL TO ORDER Task Force Chair Pam Hammond called the meeting to order at 2:00 p.m. in the Siskiyou Room, 51 Winburn Way. She announced this is the sixth and final meeting of the Downtown Task Force. Members Present: City Staff Present: Pam Hammond, Paddington Station, Chair Bill Molnar, Community Development Director John Morrison, Mayor Adam Hanks, Permit Center Manager Renee Compton, Rocky Mountain Chocolate Factory Richard Appicello, City Attorney Daniel Greenblatt, Greenleaf Restaurant Sandra Slattery, Chamber of Commerce John Stromberg, Planning Commission Dana Bussell, Public Arts Commission George Kramer, Citizen at Large Don Laws, Citizen at Large Dale Shostrom, Citizen at Large Absent Members: Dave Dotterrer, Planning Commission PUBLIC COMMENT Art Bullock/Submitted written comments to the group and draft sign code language he prepared. He commented on the public interests which he feels are not represented in the sign code and explained the two primary interests are: 1) overwhelming visual clutter, and 2) business window transparency. Melissa Markell/Public Arts Commission/Questioned if the Task Force would be addressing public art on private property. Hammond noted the staff memo distributed on July 17 by City Administrator Martha Bennett and stated the memo outlined the process for how this issue would be handled. City Attorney Richard Appicello noted they were going to recognize that art accepted by the City is not subject to the code, and the sign code would be amended to make this clear. Bussell expressed concern with the lack of discussion on this issue and felt this recommendation should be further debated by the Task Force. Kevin Christman/Expressed concern with the prohibitions against displaying art and stated the current sign code does not permit the display of art to any capacity. Mr. Appicello explained this issue would be included with the public art policies and procedures that will go before the City Council in September. Stromberg stated this issue would be debated by the Planning Commission and the Council, but not this Task Force. Lloyd Haines/Commented on public art and recommended any language that comes from this group include an expansive statement so that it does not get construed when it gets to the Planning Commission and City Council. J. Ellen Austin/Asked if she was in violation for having art displayed outside her gallery, which is located in a residential neighborhood. DOWNTOWN TASK FORCE – MEETING #5 AUGUST 11, 2008 PAGE 2 of 4 Mr. Appicello stated residential zones need to be addressed in the sign code; however he does not feel it is appropriate for the Task Force to handle this issue. Bussell/Stromberg m/s for the recommendations to the City Council to include a recommendation to exempt public art from the sign code and to have its own process developed at a future date. DISCUSSION: It was noted these two actions will need to be concurrently. Voice Vote: all AYES. Motion passed. RIGHT-OF-WAY DISCUSSION Mr. Appicello addressed the proposed ordinance amending regulations concerning use of City sidewalks. He explained the ordinance does not distinguish between residential and commercial use and would allow individuals to pay the designated rate for use of the sidewalk. He clarified he did not include a list of what items would be acceptable and stated he only addressed “who” can lease the space, not “what” can be placed there. Stromberg summarized the Task Force’s previous discussions on this issue and stated there were three main points: 1) The City would have to broaden the sidewalk café restrictions in order to allow for other uses, and the City would apply a market rate charge for use of the sidewalk. 2) Some of the objects placed by merchants in front of their stores were in the public interest (planter boxes, etc.), and these objects would have to be donated to the City. The City would establish criteria for this, and there would be no charge. 3) They would allow certain 3D objects that fit within certain size parameters that had some functional use. Mr. Appicello stated the public arts ordinance would address the process on how to accept art and stated he did not see the need to write a regulation on how the City would regulate the placement of items. He stated there is no obligation on the part of the City to have to accept an item and stated the City can accept donations and place items where ever they feel is appropriate. Kramer commented that the intent of this was to allow merchants to beautify their areas. He expressed concern with the proposed ordinance and stated he does not know why they are creating more rigmarole. Hammond agreed and stated the ordinance does not accurately reflect the Task Force’s desires. Mr. Appicello shared his concerns with designating “what” in the ordinance and noted a case that will be argued in front of the Supreme Court on this issue. Stromberg questioned if there was a way to apply market rates for part of the sidewalk, by low rates for the “shy zone.” Mr. Appicello stated he understands the group wants free use of the shy zone for amenities and will try to incorporate this, however he is not certain this is permissible. Stromberg suggested they make a formal motion in include this piece as part of their recommendation and ask the Council to direct staff to keep working on this. Laws/Stromberg m/s to recommend that the City Council direct staff to explore an exemption to have free use of the shy zone for amenities (such as flower boxes, door stops, spittoons, etc.) Voice Vote: all AYES. Motion passed. ISSUES RECAP Permit Center Manager Adam Hanks asked the group to clarify their preferences on a few of their previous recommendations. The group issued the following clarifications: 1) The additional exempt sign would be applicable to the Downtown area or within one of the four Historic Districts. 2) The larger 3D sign would be in addition to the existing sign numbers for wall or ground signs. 3) The additional 3D sign would be allowed only in commercial zones outside Historic Districts. 4) The 3D sign will have a specific separate size in addition to the current total square footage. DOWNTOWN TASK FORCE – MEETING #5 AUGUST 11, 2008 PAGE 3 of 4 Kramer summarized within the “historic core,” merchants are allowed 3 exempts signs, one of which can be a small 3D sign. Outside the historic core, merchants are allowed 3 exempt signs, plus one larger 3D sign that meets criteria yet to be developed. Mr. Hanks commented on a possible provision regulating the amount of flat surface permitted on 3D objects before it starts to count against the permitted signage amount. Kramer suggested a possible limit of 2 sq. ft. Stromberg recommended they forward this provision back to staff for refining. Hammond noted the proposed ordinance still includes the booting provision and stated this is not what the Task Force wanted. Mr. Appicello clarified no changes were made to the ordinance since the group’s last meeting and affirmed that he understands what their recommendations were. Kramer/Stromberg m/s that despite the language of the proposed ordinance, the Downtown Task Force recommends eliminating booting in favor of towing with adequate notice before hand. DISCUSSION: Laws suggested including language that notifies the vehicle owner that additional costs will be incurred by towing and storage. Municipal Judge Pam Turner expressed concern with the provision that requires vehicles to be moved to a different block in order to avoid a citation. Mr. Hanks agreed that the City needs better signage on this. Mr. Appicello clarified his staff has met with the Judge and are working to flush out some of these practical problems. Slattery noted the importance of placing a large orange sign on the vehicles 24 hours in advance of the towing. Mr. Appicello clarified this was included in the ordinance. Voice Vote: all AYES. Motion passed. Mayor Morrison left the meeting at 3:15 p.m. Kramer asked if they could discuss Issue 7, Encroachment Permit Process, and stated sandwich boards on public right of ways have not been addressed. Hammond stated sandwich boards should not be permitted on public right of way, only in alcoves which are private property. Mr. Hanks clarified sandwich boards are not addressed in the sign code and therefore are not currently permitted. Community Development Director Bill Molnar asked if the group had concerns about opening up the sidewalks for other uses besides sidewalk cafes. Mr. Appicello added he and Mr. Molnar have been working on trying to make a distinction to see if limiting the use of sidewalks to sidewalk dining was possible. Stromberg stated staff previously informed them they could not limit the use of sidewalks to just cafes and this is the premise they have been working under. He expressed concern that this option was not presented to the committee sooner. Kramer agreed and stated he did not know this was a possibility. He added he does not have concerns about rampant selling of merchandise on the sidewalk and stated the City could deal with that problem when and if it ever arises. Stromberg agreed and felt they should go with what they have for now. Laws disagreed and stated if they have a choice, they should only allow restaurant tables. He stated he does not think Ashland would have a desirable appearance if they start allowing these other uses. Mr. Appicello clarified the Council would likely ask about this option, and staff was merely doing their best to be prepared for the Council discussion. Laws noted the email submitted by Brent Thompson and asked why a building can’t have signs on more than two sides. Mr. Molnar stated there are very few businesses in town that have four public streets bounding it and noted the elements that need to be considered when establishing a business frontage. He commented on the concerns behind this provision and gave the example of someone calling a loading doc a public entrance. Compton expressed her concerns with whether this group has really solved the problems. Bussell noted they cannot solve every merchant’s problems and stated these businesses are out of compliance for different reasons. She added this group has been successful in providing additional options to these businesses. Laws stated the purpose of this committee was not to bring everyone into compliance. Slattery suggested the Task DOWNTOWN TASK FORCE – MEETING #5 AUGUST 11, 2008 PAGE 4 of 4 Force include a detailed statement to the Council that describes the “whys” behind their recommendations. Hammond proposed forming a small subgroup of the Task Force to form this narrative. Greenblatt stated this statement needs to be understandable to lay people and stated the community has a misunderstanding about what these meeting are about. Stromberg noted they have not found a solution to the Rocky Mountain Chocolate Factory bear, and stated the bear is symbolic of this whole process. Compton acknowledged that there is no way to allow the bear and not allow worse things elsewhere. She noted the bench and the bear are located in the shy zone and the only way to keep it would be to purchase an encroachment permit, which would cost $50-$100 a month. Mr. Appicello noted staff is attempting to create an exemption in the shy zone for public elements, which would include the bench, but not the bear. Laws stated he hopes staff will continue to look at a way to grandfather in objects that were placed after the law went into effect. Comment was made from the audience suggesting the Task Force remove the minimum square footage provision and allow merchants free use of the shy space. Greenblatt questioned if the sign code could be revisited at a later date. Stromberg noted this would eventually come to the Planning Commission and perhaps they could build in some kind of review process. Stromberg voiced his support reducing the minimum square footage and stated they should include this as part of the package that goes to the Council. He noted if the Council has misgivings, they can request additional information from staff and make a final determination. Kramer/Laws m/s to revise the Sidewalk Café Ordinance to have no minimum rental provision, but rather a processing fee and a per square foot charge. Voice Vote: all AYES. Motion passed. Bussell/Stromberg m/s for the alterations in the sign code to be reviewed after it has been in effect for 2 years. Voice Vote: Hammond, Compton, Greenblatt, Slattery, Bussell, Stromberg, Kramer, and Shostrom, YES. Laws, NO. Motion passed. WRAP UP DISCUSSION Slattery commented that there is a huge education element that goes along with this and they need to find a way to let people know their options. Hammond suggested a statement in the City Source newsletter that identifies someone in the City that could assist businesses with their signage questions. Greenblatt questioned if the Task Force would be given the opportunity to tweak the final report before it goes to Council. Mr. Appicello clarified staff would send out the report to the Task Force members and they will be given the opportunity to submit comments to staff. He cited Oregon’s Public Meeting Law and stated the members must avoid back and forth dialogue through email and should not be submitting their comments to each other. Stromberg asked about forming a small subcommittee to prepare a statement to the Council that captures the reasoning behind their recommendations. It was agreed that Hammond would be able to form a subcommittee if she feels it is necessary and staff would ensure this was properly noticed. ADJOURNMENT Meeting adjourned at 4:30 p.m. Respectfully submitted April Lucas, Administrative Assistant