HomeMy WebLinkAbout1996-0206 REG MINMINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
February 6, 1996
CALLED TO ORDER
Mayor Golden called the meeting to order at 7:10 p.m., Civic Center Council Chambers.
ROLL CALL
Councilors Laws, Reid, Hauck, Hagen, Wheeldon were present, Councilors Thompson was
absent.
APPROVAL OF MINUTES
The minutes of the Regular meeting of January 16, 1996 were approved with the following
corrections: page 3, paragraphs 4 and 5 should indicate Mr. Jones instead of Mr. Rees;
paragraph 9 should state Councilor Hauck noted "auto" parking.
CONSENT AGENDA 1. Minutes of boards, commitions, and committees.
2. Monthly departmental reports - December 1995 and January 1996.
3. Quarterly f'mancial commentary for period ending December 31, 1995.
4. Adoption of ODOT "Disadvantaged Business Enterprises"program
policy for consulting services.
5. Authorization for mayor and recorder to sign pedestrian easement
agreement for John R. Fields for property located at the S.W. corner of
East Main and Second Streets.
6. Authorization for mayor and recorder to sign quitclaim deed for the
termination of a public utility easement in the Family Circles Subdivision.
Councilor Hagen and Wheeldon requested item number 2 and Councilor Hagen requested
that item number 6 be pulled and placed under New and Miscellaneous Business.
Councilors Hagen/Hauck m/s to approve Consent Agenda items #1 and #3 through #5.
Voice vote: all AYES. Motion passed.
PUBLIC HEARINGS
Request of Councilor Hagen for the Council to consider an appeal from a
decision of the Planning Commition on Planning Action No. 95-131, a request
for a site review to construct a health spa and residential units located at 665 and
685 "A" Street.
Mayor Golden read procedure for Land Use Hearings.
City Attorney Nolte brought to the attention of Council a preliminary matter which they may
want to consider. A motion was brought forward to dismiss the matter because it did not
comply with the City Code. Phil Arnold on behalf of the applicant filed the motion.
Phil Arnold spoke on behalf of applicant Patricia Murphy, regarding the basis for which the
appeal was filed. Stated that the Council voted to appeal instead of "call up". Stated that
the Council did not follow correct procedure for appeal on the Planning Action by not filing
the appeal in writing.
Council discussed the interpretations of what is required to meet requirements for planning
actions and appeals process. It was determined that the Council has the authority to review
any planning action under Chapter 18.108.070.A.4 of the Ashland Municipal Code Book.
And that there is broad discretion as to how the ordinance is interpreted.
City Attorney Nolte stated that there are no requirements under this section that the "call up"
be in writing, or that it specify the grounds for call up. The method by which the council
"called up" this planning action is consistent with the manner the council has reviewed
planning actions in the past.
Councilors Hagen/Hauck m/s to proceed with appeal from a decision of the Planning
Commition on Planning Action No. 95-131. Roll Call Vote: Reid, Wheeldon, Hagen
and Hauck, YES; Laws, NO. Motion passed: 4-1.
EXPARTE CONTACT:
Councilor Hagen:site visit, telephone conversation with adjacent property owner regarding
owning a business on A Street, living above the business and based on this persons
knowledge, the history of the alley design. This person was very much against the
application, based on the parking lot being placed in front; Councilor Hauck: attended
Historic Commission
Bicycle Commission;
of driveways coming
business owner on A
meeting; Councilor Reid: site visit, talked to neighbors, member of
Councilor Laws: site visit, telephone message concerned with number
onto A Street and Councilor Wheeldon: site visit, phone call from
Street that emphasized alley access was good idea.
PUBLIC HEARING OPEN: 7:30 p.m.
Planning Director McLaughlin presented proposal and listed applicable standards for a site
review for construction of a new commercial building.
Noted that the design and site plans indicate that the architecture is compatible with the
district and in terms of use is very beneficial in the mixed use of commercial and residential.
Stated that the issues of concern are in the site design, the parking lot location to the side of
the building as a separate lot and access onto A Street with a curb cut out of the parking lot
onto A Street.
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McLaughlin explained that at the time of the approval of the SP Subdivision, it also included
the development of an alley system that would link up with the cross streets from the
Railroad District and serve the rear of the properties. This would create a commercial street
frontage along the length of this new subdivision down to the park. The autos would access
to the rear of the property through the alley system. The issue of control, as to how the
buildings would look like, access to the properties, etc. was raised during the SP process. It
was determined that those issues would be addressed during site review, which is how it is
currently being done.
Commented on the staff report and how they had been trying to create a pedestrian
environment that reflected the historic character. They felt with the alley way, there was
opportunity to do this. The alley also affords the use of public lands as back up space in
access. Accessing off the rear of the property reduces the overall amount of asphalt
necessary for parking because you are able to utilize the alley for both access and backup
space for the parking spaces. This makes it a more efficient design.
In the site design standards it states that the parking area shall be located behind buildings or
on one or both sides. McLaughlin stated that the staff had interpreted this as encouraging
parking behind buildings first, only if not possible, does the parking go on the side.
He stated that the Comprehensive Plan allows for the council to control access onto sites
through the site review process. In the site review ordinance, the council is given power to
amend plans regarding limited and controlled access from a site. Staff recommendation is
that there be no access onto A Street. Stated that the difficulty the Planning Commission had,
was that the parking lot layout would need to be re-designed to accommodate this. It was the
Planning Departments recommendation to the Planning Commission that the applicant be
directed to re-design and address the issues of street scape and parking lot layout.
McLaughlin clarified for Council that under criteria for site design standards, it is their
opinion that the standard requiring a parking area located behind buildings is the primary
standard.
APPLICANT:
Tom Giordano/157 Mornlnglight Drive, Architect for applicant/Felt that the project met
the criteria. Spoke regarding chronology of events leading up to the application being
submitted to the Planning Commission. Stated that the first time he heard there may be a
problem with the parking lot from staff, was just before the Historic Commission and less
than one week prior to the Planning Commission heating. Spoke regarding the opportunities
of constraint regarding the site, the clients needs and functions of the site and complete
review of agency plans and ordinances. Stated that he is very familiar with agency
documents and carefully followed these policies. Stated that safety was an issue in placement
of parking lot in front rather than in back of building. Commented on preserving view of
mountains. If building was designed to take the length of the property it would block the
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view for neighbors across the street. Felt they have a strong case in supporting their
application. Provided Council with pictures of area indicating driveways.
City Attorney reminded Council that time allowed for applicant had been used, but that
Council could waive this rule. Rule was waived and time was allowed for applicant and
representative to speak.
IN FAVOR:
Patricia Murphy/applicant/Stated that she chose the site because it was next to a park and it
would be able to take advantage of the views. She would have to go back to the beginning if
design needed to be changed. Felt she had provided the required parking. Concerned that
she was going to have to provide a rock wall. Stated that safety for her customers was a
concern and that this would have a negative impact on her business. Does not feel her
patrons would park behind the building, but rather in front, on the street, because of
visibility and security.
Phil Arnold/applicant attorney/Requested that minutes from last Council meeting and
memo to Mayor and City Council from City Attorney Nolte be part of the record. Also the
exhibits noting the site plans provided for Council and conceptual design provided to Council
by applicant be admitted into the record. Questioned how many ways there are for cars to
cross the sidewalks. Noted the number of cuts onto A Street.
Allan Sandler/1260 Prospect/Spoke in favor as a owner of property adjacent to property in
question. Agrees with the parking location. Concemed with having a strip of buildings all
along the street. Feels that the parking lot would open up the area and the view.
Bill Emerson/90 5th Street/Member of Historic Commission. Stated that the Historic
Commission approved the plan, but would not have approved the plan with a driveway onto
A Street. Their idea was to screen the parking lot so it wouldn't show. Wanted sidewalk to
remain a 5 foot sidewalk.
IN OPPOSITION:
Phillip Lang/758 B Street/Provided Council with attachments submitted previously to
Planning Commission. Commented on how the Planning Commission was doing "design by
committee". Stated that he felt the construction was inappropriate for the district and would
create a traffic safety issue. Commented on the issue of public policy, ethical behavior and
unconflicted representation of the public's interest. His concern was with Mr. Giordano
representing a client before the Historic Commission and the Planning Commission. Mr.
Giordano is a member of the Planning Commission. Suggested that Council refer the
developer back to the Planning Commission for review and re-heating under conditions that
do not violate Oregon Law.
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Discussion by Council regarding interpretation of representation by a member of a governing
body. City Attorney Nolte stated that the statute is governed by the Oregon Standards and
Practices Commission and does not continge upon the decision made or void the action taken
by the Planning Commission.
PUBLIC HEARING CLOSED: 8:30 p.m.
STAFF RESPONSE: Councilor Reid felt it is the responsibility of the Council to look at
the zoning of new building construction and long term commercial use. She also noted that
the driveways mentioned earlier are on vacant lots which will be developed at a later date
and held to the new development standards. Stated that parking lots should be visible.
McLaughlin clarified for Council that the condition by the Planning Commission for
sidewalks was to be at least 5 feet. Stated that there are no curb cuts from Fourth Street to
Eighth Street other than alley access. Commented that there are other ways to make parking
lots more visible.
Clarified that if Council were to determine there was a difficulty, regarding transportation
that creates a conflict, that can be addressed through access control, then the Council can use
any means to accomplish that.
McLaughlin noted his disappointment that in their attempt to encompass all the points of
creating a subdivision and laying the ground work for the design of a commercial street, they
could not be specific enough in getting across the point of a design issue. The current
ordinance allows for what they believed was an inappropriate design, to come forward.
REBUTTAL:
Tom Giordano/Clari~ed that when it was brought to his attention regarding conflict of
interest and representation, he immediately stepped down from the Commission. He believed
that they had created a pedestrian friendly environment. Stated he was told by Public Works
that a 4 foot sidewalk was okay, but they are willing to modify sidewalk to 5 foot. Noted
that other vacant properties do not have alley access. Felt their proposal met the standards
of the City.
Councilor Reid clarified that her view is of a commercial building in the future and that her
perspective of this project was different.
Mayor Golden noted that it was too bad that our ordinances were not dear in what the
Council had intended. Commented that the applicant had followed all of the guidelines as
indicated in the ordinance.
Councilor Hagen noted that adequate transportation is his main concern with the application.
Ingress does not address bicycle safety. Agrees that standards are loosely written and that
may give to a wide range of interpretation. Encourages safe alternative modes of
transportation.
Councilor Reid suggested that the applicant re-apply and waive the fees.
Mayor Golden commented on the issue of safety with the alley being fight next to the park.
And because of the problem of clear guidance in our ordinances, she suggested that the
Council consider approving this application and closing the door to future proposals.
Councilor Laws commented that there didn't seem to be any clear right or wrong in this
matter. Felt that the Planning Department was correct in trying to draw attention to the
Planning Commission and the Council the concerns they felt about the access across the
sidewalk and putting parking behind the buildings as a general policy. Agreed with
Councilor Hagen in that this needed to be reviewed because of the concern they had for the
vast change between the pre-application and final plan that went before the Planning
Commission.
Laws pointed the amenities of this design; the courtyard, the non-continuous wall along A
Street. Felt there was a need for safety of the patrons using the building, parking in back,
off of an alley is not very safe. Questions safety of traffic moving across sidewalk and
questioned how to address this.
Laws suggested extending Council consideration of this manner and have applicant come
back with a solution of not using A Street, but leave design as it is.
Applicant agreed to extend 120 days allowing them time to address the ingress/egress on A
Street. They would bring the revised proposal back to the Council for approval without
going through the entire Planning process again.
Councilors Laws/Reid m/s extend hearing and ask that the revision be proposed to
Council that meets the concerns that are apparent on the Council. Voice vote: all AYES.
Motion passed.
2. Assessments to be charged against lots within L.I.D. Nos. 68, 69, and 73.
Interim Public Works Director Jim Olson presented to Council the L.I.D.s completed and
prepared for assessment.
PUBLIC HEARING OPEN: 9:20 p.m.
Doug Neuman/,~240 Clayton/Submitted "straw" vote in favor of L.I.D.
PUBLIC HEARING CLOSED: 9:20 p.m.
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3. Supplemental budget hearing for 1995-96.
Finance Director Jill Turner noted the advertisement requirement for the Supplemental
Budget. Commented on the changes necessary to transfer appropriations in the Sewer Fund,
Hospital Construction Fund and Ambulance Fund.
PUBLIC HEARING OPEN: 9:22 p.m.
PUBLIC HEARING CLOSED: 9:22 p.m.
Councilors Hauck/Reid m/s to approve Resolution # 96-13 Supplemental Budget for
1995-96. Roll Call vote: Laws, Reid, Hauck, Hagen and Wheeldon; YES. Motion
passed.
PUBLIC FORUM
Ron Roth/69 99 S/Spoke regarding Hillside Development standards.
set.
Urges higher priority
Debbie Miller/Spoke regarding Hillside Development standards. Would like to hold
meetings in March and April dealing with the problems. Requests Council to give them the
opportunity to meet and discuss.
Christine Crowley/124 Strawberry Lane/Spoke re: Westwood/Strawberry development and
Hillside Development. Stated that the group that has formed needed to have Hillside
Development standards set by the City. Voiced concern regarding surrounding property.
Stated that they have not had enough information given to them in regards to traffic, fire,
etc. Would like group to continue and reach a consensus.
Susan Hunt/220 Nutley/Voiced distress regarding the Planning Departments project report.
Stated that they had not received the information requested from the Planning Department as
directed by the Council. Requested that the committee be able to continue.
Cate HartzeiF881 E Main/Urged Council to continue ways to improve the process of the
neighborhood meetings. Requested update on Space Needs issue and questioned the rumors
of sharing space with Youth Works at the Hillah Temple. She was informed there was no
new update.
Council requested a more complete response from Planning Department at the next Study
Session.
UNFINISHED BUSINESS
1. Election of Council President.
Councilors Hagen/Wheeldon m/s to elect Councilor Laws as Council President. Voice
vote: all AYES. Motion passed.
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2. Mayor's appointment of liaisons to various boards and commissions.
It was noted that the Housing Commission was not included in the list of appointments.
Councilor Hauck was added as the liaison.
Councilor Wheeldon was asked to share the SOREDI liaison with Councilor Reid.
Councilor Wheeldon requested that information be passed on from past liaisons of boards and
commissions to newly appointed liaisons.
Election of two members to Citizens Budget Committee for terms expiring
December 31, 1996, and December 31, 1997.
Councilors Wheeldon/Hagen m/s to elect Pat Acklin for term expiring December 31,
1996 and Councilors Hauck/Laws m/s to elect Michael Gibbs for term expiring
December 31, 1997. Voice vote: all AYES. Motion passed.
NEW AND MISCELLANEOUS BUSINESS
1. Approval of Articles of Incorporation for Ashland Community Healthcare
Services.
Hospital Administrator Jim Watson and consultant Jim Whitman presented the Articles of
Incorporation of Ashland Community Healthcare Services to the Council for approval.
Stated that the object is to get articles submitted so they can file for tax exempt status. It is
intended to have new structure take effect July 1, 1996.
Council was requested to give thought in approving definitive agreement. Once there is a
concept and definitive agreement, then there would be something to take to the public.
Councilor Reid questioned the "questions" that had been discussed during study sessions.
She would like to see a list of the questions. Watson agreed to make them available to all
Council members.
Councilors Hauck/Hagen m/s to approve Articles of Incorporation. Roll Call vote:
Wheeldon, Hagen, Hauck, Reid and Laws; all AYES. Motion passed.
Request of Councilor Hagen to address timing of proposed paving of North
Main/Siskiyou Boulevard by ODOT in 1996.
Reported on the work that was done about 18 months ago by a citizens committee. The
committee developed a plan to get bicycles and pedestrians separated on Siskiyou Boulevard.
It would provide either a wide shared curb lane or bicycle lane on Siskiyou Boulevard that
would give the pedestrians back their sidewalk.
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There was concern that the ODOT proposal for late summer/fall of 1996 is to do pavement
overlay from the intersection of Valley View Road and Highway 99 all the way up Highway
99 to Walker Avenue. It is a major piece of work and would pave over a portion of the
Siskiyou Bicycle plan that was developed.
Councilor Hagen would like to propose an alternative in meeting with ODOT and negotiating
to see if the overlay could be done from Valley View to the library and find a way to deal
with pavement problems on Siskiyou Boulevard in the interim. Main concern is that
pavement overlay has a life span of 15-20 years and if the overlay is put forward, bicycles
may have to share the sidewalks with pedestrians for another 15-20 years.
Phil Arnold shared some of the ideas regarding the overlay and the working with ODOT.
Spoke regarding getting back on track for the Siskiyou Bicycle path project.
Councilor Laws suggests that the next step is to have engineering look at options. Suggested
that the City Administrator talk to ODOT and find out how to proceed. Council requests
that City Administrator along with Phil Arnold and Councilor Hagen arrange a meeting with
ODOT to discuss options.
Councilors Hauck/Laws m/s to continue past 10 p.m. Voice vote: aH AYES. Motion
passed.
3. Discussion of Community Development Block Grant budget process.
Council discussed the resolution establishing the Housing Commission made the Housing
Commission the Budget Sub-Committee to deal with all CDBG block grant monies.
Kelly Madding provided Council with a list of Community Development Block Grant City
Council allocations and CDBG eligible activities.
Councilor Laws suggested and Council agreed, that the sub-committee be named the
Community Development Committee.
Council agreed to merge Housing Commission with a sub-committee of the Budget
Committee which would report back to the Budget Committee.
4. Monthly departmental reports - December 1995 and January 1996.
Council questioned Department of Community Development monthly report as it pertained to
Hillside Standards and the Strawberry/Westwood process.
Council approves of group that is gathering information regarding Hillside Development
prior to the scheduled timeline of the Community Development Department.
Discussion regarding Strawberry Lane traffic issue.
Council referred matter to next Study Session.
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Authorization for mayor and recorder to sign quitclaim deed for the termination
of a public utility easement in the Family Circles Subdivision.
Interim Public Works Director Jim Olson explained to Council that a new home constructed
at 605 Elizabeth Street was encroaching into the public utility easements along both Randy
and Elizabeth Streets. To receive final approval, it is necessary to remove the encroachment
by either moving the completed house or terminating the portions of the easement which are
occupied by the house.
A request was made to determine if any utility companies facilities were located under the
building and if a narrowing of the easement would affect current and future use of their
facilities. No problems or objections were made.
Staff recommendation is to approve request.
Councilors Hauck/Laws m/s to approve items//'2 and #6 from the Consent Agenda.
Voice vote: all AYES. Motion passed.
ORDINANCES, RESOLUTIONS. AND CONTRACTS
1. Second reading of "An Ordinance Amending Section 18.24.030.K.7 and
18.28.030.K.7 of the AMC -- the Land Use Ordinance Regarding Health
Inspections for Traveilers' Accommodations."
Councilors Laws/Wheeldon m/s to approve ORD 2776. Roll Call vote: Hauck, NO;
Reid, Laws, Hagen and Wheeldon, YES; Motion passed 4-1.
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First reading by title only of "An Ordinance Amending Chapter 18.92 of the
Ashland Municipal Code Pertaining to Off-Street Parking. Modifications include
changes to the bicycle parking section and other general housekeeping changes."
Councilors Reid/Hauck m/s to approve first reading and place on next agenda for
second reading. Roll Call vote: Wheeldon, Hagen, Laws, Reid and Hauck, YES. Motion
passed.
Reading by title only of "A Resolution Adopting the Disadvantaged Business
Enterprise Program for Oregon Department of Transportation Projects."
Councilors Hauck/Hagen m/s to approve Resolution 96-09. Roll Call vote: Hauck, Reid,
Laws, Hagen and Wheeldon, YES. Motion passed.
Reading by title only of "A Resolution Calling a Special Election on May 21,
1996, in the City of Ashland for the Purposes of Submitting to the Voters of the
City a Measure for a Three-Year Serial Tax Rate Levy to Provide Funds for the
Operation and Maintenance of the City Swimming Pool Program and Recreation
Facilities; With the Levy to be Assessed Beyond That Now Authorized by Article
XI, Section 11, of the Oregon Constitution."
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It was noted for Council that resolution should indicate .09 instead of. 10 per thousand
dollars assessed value.
Councilors Laws/Hauck m/s to approve Resolution # 96-16. Roll Call vote: Laws,
Wheeldon, Reid, Hagen and Hauck, YES. Motion passed.
Reading by title only of "A Resolution of Intention to Provide for Improvements
to Tolman Creek Road Between the C.O. & P. Railroad and Siskiyou Boulevard
Consisting of Paving, Curbs, Gutters, Storm Drain, and Sidewalk, and Setting a
Public Hearing."
Councilors Hauck/Laws m/s to approve Resolution # 96-10. Roll Call vote: Reid, Hauck,
Hagen, Laws and Wheeldon, YES. Motion passed.
Reading by title only of "A Resolution to Add One Member to the SDC Review
Committee."
Councilors Reid/Hauck m/s to approve Resolution # 96-11. Roll Call vote: Laws,
Wheeldon, Reid, Hagen and Hauck, YES. Motion passed.
Reading by title only of "A Resolution Levying Special Benefit Assessments in the
Amount of $54,030.48 for Sanitary Sewer Improvements in Local Improvement
District No. 68."
Councilors Hagen/Reid m/s to approve Resolution//96-15. Roll Call vote: Hagen,
Wheeldon, Laws, Reid and Hauck, YES. Motion passed.
Reading by title only of "A Resolution Levying Special Benefit Assessments in the
Amount of $85,148.64 for Curbs, Gutters, Paving, and Sanitary Sewer
Improvements in Local Improvement District No. 69."
Councilors Hauck/Wheeldon m/s to approve Resolution//96-14. Roll Call vote: Hauck,
Hagen, Reid, Wheeldon and Laws, YES. Motion passed.
Reading by title only of "A Resolution Levying Special Benefit Assessments in the
Amount of $42,900.00 for Parking Lot Improvements in Local Improvement
District No. 73."
Councilors Reid/Laws m/s to approve Resolution # 96-12. Roll Call vote: Hagen, Reid,
Wheeldon, Laws and Hauck, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
Mayor Golden informed the Council that she had received a call from Brice Farwell, a
member of the Ad-Hoc Communication Committee. She asked to clarify with Council the
role of the Communication Committee.
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Councilors Hagen/Wheeldon m/s to approve signing of letter to President Clinton in
regards to federal forest management. Voice vote: all AYES. Motion passed.
Councilor Reid noted an article regarding the purchasing of green electrical power.
Council noted letter submitted by Bethany Pierce regarding the traffic in the alley way off B
Street.
Councilor Hagen asked Administration to keep the Council apprised of any plans to the
Plaza. He had heard something about pedestal phone booths. City Administrator Almquist
replied he had no knowledge of this and would keep the Council informed if he heard
anything.
ADJOURNMENT
Meeting was adjourned at 10:30 p.m.
Barbara Christensen, Recorder
Catherine M. Golden, Mayor
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