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HomeMy WebLinkAbout1995-1219 REG MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 19, 1995 CALLED TO ORDER Mayor Golden called the meeting to order at 7:05 p.m., Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hauck, Hagen Thompson were present. Councilor Wheeldon was absent. APPROVAL OF MINUTES The minutes of the regular meeting of December 5, 1995 and Special meeting of December 12, 1995 were approved with the following amendment to Special meeting of December 12, 1995; under item 2 paragraph 2; deadline of January 1, 1996 under Agreement section one, number 1.1 is changed to January 31, 1996. SPECIAL PRESENTATIONS AND AWARDS 1. Proclamation of December, 1995 as "National Drunk and Drugged Driving Prevention Month." Mayor Golden read proclamation "National Drunk and Drugged Driving Prevention Month". CONSENT AGENDA 0 Minutes of Boards, Conunissions and Committees. Monthly departmental reports - November, 1995. Memorandum regarding stakeholders reception on Wednesday, January 24 for Clean Cities Coalition. Confirmation of Mayor's appointment of Karen Amarotico to Conservation Commission. Report by Audit Committee and Acceptance of Audit Report for FY 1994-95. Councilor Thompson requested item 5 to be pulled off the consent agenda. Councilors Hauck/Thompson m/s to approve items//1 through//4. Voice vote: all AYES. Motion passed. COUNCIL DISCUSSION: CONSENT AGENDA ITEM 5: Report by Audit Committee and Acceptance of Audit Report for FY 1994-95. Audit Committee Chairman Marty Levine clarified for Council the Audit Committee comments on the recommendations made by the Auditors for the Ashland Community Hospital and Ashland Parks and Recreation. He noted that by forming the Audit Committee, it provided a forum for Auditors to present their reports and forced the staff to respond in writing their response to the auditors recommendations. Council noted that the report submitted by the Audit Committee made the interpretation of the audit report more tinderstanding. Councilors Hagen/Reid m/s to approve item//5. Voice vote: all AYES. Motion passed. PUBLIC HEARINGS 1. (Continuation from 11/21/95) Request for an amendment to the Procedures Chapter of the Land Use Ordinance; reconciling other sections of the Land Use Ordinance and the Ashland Municipal Code to these amendments; amending the variance criteria and other sections of the Land Use Ordinance; and repealing Resolutions 78-33 and 88-20. (Applicant: City of Ashland) Planning Director John McLaughlin brought forward the proposed amendment with modifications to the appeals process. Modification would follow current appeal process that appeals would be handled on de novo, meaning that it would be open to all issues and all information. Council discussion on following items in proposed amendment: It was suggested that signage for land use issues be more visible and stand out more clearly than what is currently being used. Council felt there could be a way to communicate better with the public, possibly educating the public on how to identify the land use signs through utility newsletter and any other means. Adding after evidence; "in order to preserve appeals rights" must be directed... to 18. 108. 100, section 2. The suggestion was made to help speakers keep their testimony based only on criteria and understand that the decision made by the Council could only be made based on criteria. There was concern that putting this wording in the ordinance would be a way of micro-managing the meetings when the Chair usually has control and handles testimony according to the situation. 18. 108. 160 Ordinance Interpretations; issue of perpetual affordablity. Questioned whether there should be some wording as to the intent of the Council. City Attorney Nolte commented that the intent of the governing body is always crucial interpretation, but very difficult to determine. Concern was made that the entire responsibility of interpretating the ordinance is given to the Planning Commission and Council has no right to change the interpretation. It was agreed that Council should have that right and it should be made more clear, City Attorney Nolte will provide better wording. Section on annexation was moved to another chapter, not deleted. Section 8, 18.04.020 Purpose; suggested inserting "efficient and" in sentence one following the word; encourage... "efficient and" appropriate use of land; changing the word "promote" same sentence; to "accommodate" orderly growth; insert "and through" same sentence following to provide for adequate access to "and through" property. Concern was made regarding forcing efficient use of land on private property owners who have certain rights to their land. It is noted the wording "to and through" is also used in the annexation ordinance. Question as to whether by adding "to and through" to ordinance may undermine the purpose and effectiveness of the Council in particular instances. It was commented that the definition of adequate would be defined by the Council when dealing with specific types of property. Section 10, 15.04.090; Building Permits Generally; sentence two; suggested wording change that would reflect. at certain times with staff discretion, obtaining of permits be staggered. "Staff may issue a partial permit under certain circumstances". The number of different permits that are now being required for builders was noted and the expense involved. Concern was made that the risk associated with this suggestion may put some buildings at risk and may allow someone to come in and not complete the job according to state code. Questioned the possibility of extreme pressure on regulators to look the other way if builder could not meet the requirements. It was stated that Council would not like to see building inspectors put in this position. 2 PUBLIC HEARING: OPEN 8:07 p.m. Cate Hartzell/881 E. Main/Commented on visibility of signage. Opposed to the de novo portion of the proposed amendment, felt it is too restrictive. Debbie Miller/160 Normal/submitted letter read by Cate Hartzell/Agrees with change back to Council appeals. Offered suggestions regarding property owner notification; reduction in yard setback; time limits on appeals; Type III procedures; posted notices and annexations. PUBLIC HEARING: CLOSED 8:12 p.m. Clarification was made that the appeal shall be a de novo evidentiary hearing. Questions regarding legislative amendments were clarified by Section 2 18.08.345 Legislative amendment. Councilors Thompson/Hauck m/s to add in Section 8, 18.04.020 Purpose; in sentence one to read, The purpose of this Title is to encourage the most appropriate "and efficient" use of land. Voice vote: Reid, Hauck, Hagen and Thompson AYE. Laws NO. Motion passed 4-1. Council agreed with proposed language by City Attorney Nolte regarding Councils role in interpretation of ordinances. Amendment to 18. 108.160 Ordinance Interpretations; paragraph B, sentence two would be changed to read, "The interpretation of the Commission shall be forwarded to the Council who shall have the authority to modify the interpretation." PUBLIC FORUM Care Hartzell/881 E. Main/Questioned status of Space Needs goal. 1996-97 Council Goal. It was clarified that this is an ongoing UNFINISHED BUSINESS 1. Adoption of goals and notes to staff for 1996-97. Council agreed with the suggestion of adding the "criteria" under Notes to Staff, item number 1, to read "Planning Department consider CUP "criteria" when Railroad District is reviewed. Council was in agreement that the Goal Setting Session went very well. Councilors Laws/Reid m/s to approve adoption. Voice vote: all AYES. Motion passed. 2. Adoptions of Findings, Conclusions and Order for PA 95-101 (ICCA). Corrections on page 1, section D, sentence two the word "or" should be "are"; page 5, paragraph two, sentence 5 the word "an" should be "and"; page 11, paragraph 3, the word "an" should be "a". Councilors Hagen/Reid m/s to adopt. Roll Call vote: Reid and Hagen YES; Laws and Thompson NO; Hauck abstained declaring conflict of interest; Golden to break tie, YES. Motion passed 3-2. NEW AND MISCELLANEOUS BUSINESS I. Adoption of drug and alcohol testing program as mandated by the Federal Highway Administration for employees holding a commercial driver's license. Clarification to Council that this is a Federal mandated law and pertains only to those employees required to obtain a commercial license. It is estimated that the cost to the city may be around $2,000-$4,000.00. Councilors Laws/Hagen m/s to approve adoption. Roll Call vote: Thompson, hagen, Hauck, Reid and Laws, YES. Motion passed. 2. Election of Budget Committee members (3). Council agreed with suggestion by Councilor Laws that election of Budget Committee members be postponed until January. This would give Council an opportunity to speak with the candidates. 3. Authorization for purchase of police vehicles. Council agreed to City Administrator Almquist's request to postpone authorization until January. 4. Authorization for Mayor and Recorder to sign bargain and sale agreement for City-owned property on Terrace Street. Councilors Reid/Hauck m/s to approve authorization. Voice vote: all AYES. Motion passed. 5. Request by attorney for ICCA for refund of appeal fee. City Administrator Almquist raised concern in setting policy for refunding of appeal fees. No action by Council due to lack of motion. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. First reading by title only of "An Ordinance amending the Procedures Chapter of the Land Use Ordinance; reconciling other sections of the Land Use Ordinance and the Ashland Municipal Code to these amendments; amending the variance criteria and other sections of the Land Use Ordinance; and repealing Resolutions 78-33 and 88-20. Councilors Hauck/Thompson m/s to approve first reading with beforementioned changes and place on agenda for second reading. Roll Call vote: Laws, Reid, Hauck, Hagen and Thompson AYE. Motion passed. Reading by title only of "A Resolution adopting a site-specific systems development charge for the Ashland Retirement Residence, 540 N. Main Street, pursuant to Ashland Municipal Code Section 4.20.050(F)." City Administrator Almquist made the Council aware that there would be another developer making a similar request in the future. Councilors Hauck/Laws m/s to approve Resolution # qS. c Yc',. Roll Call vote: Reid, Hagen, Laws, Thompson and Hauck, AYE. Motion passed. 4 OTdER BUSINESS FROM COUNCIL MEMBERS Councilor Thompson distributed to Council members a sheet regarding concepts on Regional Planning. The purpose is to have a core of items that the Council may agree on for Regional Planning. Councilor Hagen made public aware the location of his Town Hall meetings would be changing. Suggestions to Council Study session were made by City Administrator Almquist. Councilor Hauck noted that the Senior Program received a grant from the Chenney Foundation for the expansion of the Senior facility. ADJOURNMENT Meeting was adjourned at 8:53 p.m. Barbara Christensen, Record Catherine M. Golden, Mayor 5