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HomeMy WebLinkAbout1993-0615 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL JUNE 15, 1993 ROLL CALL: Mayor Golden called the meeting to order at 7:30 P.M. on the above date in the Council Chambers. Laws, Reid, Hauck, Acklin, and Winthrop were present. Arnold was absent. APPROVAL OF MINUTES: The minutes of the Regular Meeting of June 1, and Adjourned Meeting of June 2, 1993 were accepted as presented. CONSENT AGENDA: Winthrop moved to approve same as follows: 1. Minutes of Boards, Commissions, and Committees. 2. Departmental Reports - May 1993. 3. City Administrator's Monthly Report - May 1993. 4. Liquor license application for I1 Giardino Restaurant, 5 Granite St. (Full license) 5. Letter from Ashland Parks and Recreation Commission concerning procedure for filling vacancy on the Commission. Hauck seconded, all AYES on voice vote. PUBLIC HEARINGS: Appeal of P.A. 93-020, 261 W. Hersey St. Golden read the statement of proceedings for land-use hearings. Reid declared that she owns a lodging business in Ashland. Planning Dir. McLaughlin gave the staff report and said the main concern of the appellant is the alley and parking off the alley. The applicant's attorney had color copies of the structure and a map showing the parking layout distributed to Council members. The proposal involves rearranging the parking lot and reducing the number of spaces by one. The Planning Commission approved the application finding this to be an appropriate use for the site and the impact less than the multi-family target use. On a question from Winthrop, McLaughlin said the proposed fifth unit is now being used as the applicant's art studio. Chris Hearn, Davis, Harris, Gilstrap & Balocca, Attorney for the applicant said the impact is much less than multi-family dwellings and the Arden Forest Inn is one of the few B&B's in Ashland which complies with the American Disabilities Act in providing wheelchair access. One parking space will be deleted and there will be no structural changes. Audrey Sochor, owner of Arden Forest Inn, said her guests walk to the theatre. Dylan Reudiger, 691 Oak St., has worked at the Inn for three summers and said it is important to consider that the Sochors provide employment for high school students. Mary Lou Gross, 240 W. Hersey, spoke in favor or the appplicant, and said the bed and breakfast are an asset to the neighborhood. Teri Koerner 87 Third St., Southern oregon Reservation Center, spoke in favor of the applicant and encouraged Council to approve the fifth unit. Gary Brewer, Appellant, 229 W. Hersey, said the problem is with the alley and through traffic. He said the Planning Commission promised a study on the alley a year ago. He is concerned with safety of pedestrians, and emergency vehicle access. On a question from Winthrop, Brewer said the alley should be blocked off. McLaughlin said the Engineering Division will do traffic counts in the next week or two and provide additional information to the Traffic Safety Commission. There being no further comment from the audience, the public hearing was closed. Laws said Regular Meeting - Ashland City Council - June 15, 1993 - P. 1 the two issues are safety of the alley, and the application for a fifth unit which reduces parking on the alley. There is no basis to reverse the Planning Commission's decision and moved to deny the appeal, and adopt the Planning Commission's Findings. Hauck seconded the motion which passed unanimously on roll call vote. Staff will follow up on the traffic problem on the alley. Acklin asked that future letters of appeal address criteria. Adoption of Budget. City Admin. Almquist said the resolution adopting the budget, and the ordinance levying taxes include the Children's Cultural and Recreational serial levy. The public hearing was opened, there was no comment from the audience, and it was closed. Reading by title only of resolution adopting the budget and making appropria- tions. Acklin moved adoption, Winthrop seconded, all YES on roll call vote. (Reso. 93-24) First and second reading by title only of an ordinance levying taxes for the period of July 1, 1993 to and including June 30, 1994, such taxes in the sum of $3,492,485 upon all the real and personal property subject to assessment and levy within the corporate limits of the City of Ashland, Jackson County, Oregon. Laws moved adoption, Hauck seconded, all YES on roll call vote. (Ord. 2715) UNFINISHED BUSINESS: Clay Street - Request for Pedestrian Access. Pam Barlow, Admin. Asst. to Public Works, said the Traffic Safety Commission and Planning Department are working to develop a pedestrian master plan and Clay Street is one area being considered. On a question from Acklin, Public Works Dir. Hall said County funds available for the resurfacing of Clay St. would not pay for a sidewalk system but would be a start. Clay St. needs a total rebuild at an estimated $100 per foot for the total project. Deborah Elliott, 2124 Creek Dr., said the main concern of the homeowners is the dogleg which intersects with Highway 66. Reid said the State owns this property and should be involved in improvements. Hall said County approval is necessary to put in a drainage pipe and gravel pathway. On a question from Acklin, McLaughlin said Hank Albertson signed in favor of future improvements but his frontage is only 100 - 150', however Council does have authority to assess by area or a combination of lot size and front footage. Almquist noted that the East side of Clay is mostly in the County. Acklin asked that Barlow work with the residents and make contact with the County concerning their involvement. Reid requested that a letter be sent to the State about the curve at Highway 66. Medford Grower's Market. Almquist read his memo included in the packet which reports that the Market is in compliance with their Conditional Use Permit and all City ordinances. A copy will be sent to Mr. Don Sauls, owner of Puck's Donuts. Acklin noted several mobile signs in Ashland recently and said it may be time to address this issue. Regular Meeting - Ashland City Council - June 15, 1993 - P. 2 NEW & MISCELLANEOUS BUSINESS: Terminate Easement - Railroad Subdivision. Laws moved to authorize the Mayor and City Recorder to sign a quit claim deed terminating a bikeway easement, Hauck seconded, and the motion passed unanimously on roll call vote. PUBLIC FORUM: Sherman Gardner, 645 Faith Ave., apologized for the manner in which he expressed his views regarding a recent ordinance amendment concerning fair housing and sexual orientation. ORDINANCES, RESOLUTIONS & CONTRACTS: Food & Beverage Tax Ordinance Amendments. Second reading by title only of an ordinance amending the Food and Beverage Tax ordinance. City Attorney Nolte said the amendments requested at first reading have been made as follows: exclusion of limited service restaurants, deletion of gratuities, addition of chips, and changing "peanuts" to "nuts". Don Cline, Ashland Fudge Co., does not believe the tax is fair, that supermarkets sell more ice cream than he does and are exempt from paying the tax. He feels he is being discriminated against. Acklin asked for clarification about a tax on packaged candy. She feels the ordinance is too complex. Richard Derschel, Cooks Tavern, thanked Council for excluding limited service restaurants, but feels the definition of a restaurant is too broad. Nolte said the State's definition of a restaurant is what the voters approved. Hauck moved to adopt the ordinance, Winthrop seconded and the motion passed with Acklin dissenting. (Ord. 2716) Campfires. First reading by title only of an ordinance amending the A.M.C. to permit campfires only in designated areas. A memo from Lieutenant Mel Clements was read in support of the amendments. On a question from Laws about barbeques, Nolte said open cooking fires are permitted only with property owner's consent. Hauck moved to second reading, Winthrop seconded, all YES on roll call vote. Vehicle Impoundment. First reading by title only of an ordinance adding provisions to Chapter 11.36 to permit impounding vehicles for law enforcement purposes and to provide for hearings. Nolte reviewed the amendments. A discussion was held on alleviation of towing charges for low-income individuals, and Lt. Clements said a small percentage of vehicles will likely be impounded. Laws asked that the language in Section 11.36.010.D. be amended to read: "The vehicle was operated by a person charged with being under the influence ...". Michelle Cooper, N. Highway 99, agrees with impoundment of vehicles of drunk drivers, but feels this ordinance discriminates against poor people who cannot afford insurance. In response, Nolte said the impoundment only applies if a person is driving without a driver's license and without insurance. Winthrop moved the ordinance to second reading with the above amendment, and changing the last word of the first sentence of 11.36.020 from "impound" to "impoundment". Hauck seconded. The amended Sections 11.36.020.A and B were read. The motion passed on roll call vote as follows: Laws, Hauck, Acklin, Winthrop and Arnold, YES; Reid, NO. Regular Meeting - Ashland City Council - June 15, 1993 - P. 3 Certify Municipal Services. A resolution was read by title only certifying municipal services to qualify for state subventions. Acklin moved adoption, Hauck seconded, all YES on roll call vote. (Reso. 93 25) Receive State Revenues. A resolution was read by title only declaring the City's election to receive State revenues. Hauck moved adoption, Laws seconded, all YES on roll call vote. (Reso. 93-26) Amend Pay Plan. A resolution was read by title only amending the pay plan for management and confidential employees for FY 1993-94. Laws declared a potential economic conflict of interest. Winthrop moved adoption, Acklin seconded and the motion passed on roll call vote with Laws abstaining. (Reso. 93-27) OTHER BUSINESS FROM COUNCIL MEMBERS: Golden asked about a merit increase for the City Recorder and Almquist said there is no evaluation process because this is an elected position. Nolte agreed to assist Council in developing a policy. Golden noted a conflict on June 29th with the Council/Planning Comm. study session. The meeting was rescheduled for 7:00 P.M. Hauck noted materials placed loose in Council packets re: domestic partnerships. He is still researching this issue. ADJOURNMENT: The meeting adjourned at 9:55 P.M. , / Nan E. Franklin City Recorder Catherine M. Golden Mayor (,,1: \min\6-15-93) Regular Meeting - Ashland City Council - June 15, 1993 - P. 4