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HomeMy WebLinkAbout1992-0303 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL MARCH 3, 1992 CALL TO ORDER: Mayor Golden called the meeting to order and led the Pledge of Allegiance at 7:30 P.M. on the above date in the Council Chambers. Laws, Reid, Williams, Acklin, Winthrop, and Arnold were present. APPROVAL OF MINUTES: Golden asked that the minutes of February 18, 1992 be amended on page 3 paragraph 4 to reflect that she will appoint individuals to the Sister City Committee to oversee the Nabari City relationship. Reid moved to approve the minutes as amended, Acklin seconded, all AYES on voice vote. SPECIAL PRESENTATIONS & AWARDS: A proclamation was read for Rotary Club of Ashland Day on May 23, 1992, celebrating its 50th anniversary. CONSENT AGENDA: Winthrop moved to approve the consent agenda as follows: 1. Minutes of Boards, Commissions & Committees; 2. Monthly Departmental Reports - February 1992; 3. Liquor license application from Ciao Main Restaurant, 272 E. Main St. Williams seconded, all AYES on voice vote. PUBLIC HEARINGS: Tolman Creek Rd. Signal L.I.D. (Continued) Public Works Dir. Hall explained that John Hassen, John Zupan, and other large property owners included in the L.I.D. met and a proposal was distributed for Council consideration which excluded the condominiums at 295 Tolman, and proposed decreased assessments for most of the affected property owners. The public hearing was opened. John Hassen, Attorney for Watson & Assoc., said most of the property owners are in agreement except Independent Printing Co. He feels the proposal is fair and his clients would like to go ahead with either the existing or proposed L.I.D. John Zupan, Summit Investments, said S.D.C.'s paid to the City by Watson & Assoc. should be used. Frank Alley, Attorney for Independent Printing Co., said a traffic signal is not a local improvement, and questioned if the City Code was being followed in this matter. Richard Etherly, 740 Jefferson, spoke against inclusion in the L.I.D. Estelle Richards, 463 Tolman, read a letter into the record which gave the history of the properties which were signed in favor. Vickie Neuenschwander, 455 Tolman, asked for a copy of the YMCA agreement and questioned the exclusion of that agency and the Don Lewis Retirement Center from the district. She said the existing L.I.D. should be abandoned. Peggy Faust, 245 Tolman, read a letter from Ashland Investment Group, in opposition. There being no further comment from the audience, the public hearing was closed. On a question from Golden, Hassen said he could not say if Watson & Associates would be willing to pay $19,000 in addition to what is proposed. Winthrop asked about the combined cost to Estelle Richards for both commercial properties and was told $485.00, which can be paid over a ten-year period. On a question from Reid, Nolte said the Regular Meeting - Ashland City Council - March 3, 1992 - P. 1 Tolman Signal L.I.D. (Continued) Council has the authority to decide which properties should be excluded. Acklin said requiring developers to sign in favor of future improvements is a reasonable way to address the cumulative effects of development. She said the new proposal is fair and more equitable. Laws is pleased with the new proposal and thanked Hassen, Zupan, and the others who met for their efforts in coming to agreement. Hall recommended including the new proposal as Exhibit "A" to the Ordinance which was then read with this amendment. Winthrop moved to second reading, Laws seconded, and the motion passed on roll call vote with Williams abstaining. P.A. 92-07 Comprehensive Plan Map Amendment (Hillenga). The request is for an amendment from Single-Family Residential to Open Space for property at the S.E. corner of Terrace St. and unopened Ashland St. right-of-way. The public hearing was opened and there was no response. Acklin moved to direct staff to bring back implementing ordinances, Laws seconded, all AYES on voice vote. Appeal of P.A. 91-140 Six-lot Subdivision on Ivy Lane (Houghton). Mayor Golden read the statement required by State Law concerning testimony directed to criteria for approval, conditions for rights to appeal, etc. Reid made a site visit, and no ex-parte' contacts were made by Councilors. Planning Dir. Fregonese summarized the staff report. On a question from Laws, Nolte said a motion to dismiss has been filed due to the lack of specificity of the appeal letter from Denis Arndt. Duane Schultz, Attorney for Ed and JoAnn Houghton, said the letter is appealing only the minor land partition and the Council has the discretion to dismiss the appeal. On questions from Arnold, Denis Arndt, 930 Beach St., Appellant, said adequate city services cannot be provided to the project and he is appealing more than the minor land partition. Nolte said the letter cites code sections as they appear in the Findings and lay persons should not be precluded from making appeals. Arnold moved to deny the motion for dismissal, Reid seconded and the motion carried on voice vote with Acklin dissenting. Planning Dir. Fregonese read the criteria for approval of a minor land partition, and the criteria for approval of an outline plan for a subdivision under the Performance Standards Option. Schultz asked that all planning files on this action be included in the record along with the following: 5-10-89 staff report; 9-18-91 letter from the Planning Dept.; 11-12-91 and 12-10-91 staff reports; 12-10-91 Planning Commission minutes and 1-14-92 Findings. He said the Planning Comm. found that the criteria for approval was satisfied, new conditions added, and new standards in Reso. 91-39 should not be applied to applications filed prior to its adoption. Arndt said the project will jeopardize the forest interface and without power there is no water. He also questioned the ownership of the property. Joe Vasilik, 1000 Ivy Lane, said his property is adjacent and the property line adjustment has never been discussed with him. In rebuttal Schultz Regular Meeting - Ashland City Council - March 3, 1992 - P. 2 P.A. 91-140 Appeal (Continued) said Planning Comm. conditions include the installation of residential sprinklers, and agreement to sign in favor of formation of a local improvement district for improvements to the water supply system in the area. Ed Houghton, 185 Scenic Dr., Applicant, said he does own the property and there are streets which access the property with grades less than 18%. Nolte said the street grade map shown earlier by Fregonese and documents mentioned earlier are made a part of the record. There being no further comment, the public hearing was closed. On a question from Winthrop, Asst. Fire Chief Paul said the Uniform Fire Code requires 750 gpm which can be reduced 50% if sprinklers are installed. Acklin said condition 10 should be amended to include an emergency generator. Acklin moved to deny the appeal, amend Planning Commission condition 10) to require an emergency generator for the backup pumping system, and complete the lot line adjustment prior to final plan submission. Williams seconded the motion. Laws requested that the second paragraph of Section 2.4 of the Planning Commission Findings dated January 14, 1992 be deleted and the first paragraph be amended to read as follows: "Regarding Resolution 91-39 adopted by the City Council on October 21, 1991, the Planning Commission finds it does not apply to this application since alternative transportation routes exist which do have the capacity to provide City services to the property." Acklin amended her motion, Williams amended his second and the motion passed unanimously on roll call vote. UNFINISHED BUSINESS: Delinquent Commercial Accounts. David Pinsky, Bagel Man, Inc., asked that the customer service representative be given authority to grant extensions on delinquent accounts. After a short discussion it was agreed that Finance Dir. Turner, Customer Service Rep. Chaddick, Reid and Acklin will meet to discuss and bring back a proposal. Street Tree Commission Appointments. Laws moved to approve the appointments of Susan Hunt and Mark Jenne to fill vacant positions of Linda Ryan and Chris Robinson. Reid seconded, all AYES on voice vote. NEW & MISCELLANEOUS BUSINESS: Open Burning Season Request. A letter was read from Christian P. Hald, III requesting open burning season be opened on March 4 instead of April 1. Hald expressed concern that the season may not open at all if high temperatures continue. Fire Chief Woodley said he has authority to permit burning if a fire hazard exists in the urban interface zone, but air index standards have to be met. City Attorney Nolte said an ordinance amendment is necessary to change the open burning window. The matter was tabled. Police Chief Appointment. Acklin moved to confirm the Mayor's appointment of Gary E. Brown as Police Chief and authorize the City Administrator to sign an employment agreement with same. Arnold seconded the motion which carried on voice vote. Regular Meeting - Ashland City Council - March 3, 1992 - P. 3 Grant Application - Mt. Ashland Ski Area. Almquist said the application is for a $500,000 matching grant to the Oregon Economic Development Department from Lottery funds. He said Jackson County Commissioners may also co-sign, and Williams said Commissioners Kupillas and Henry were very enthusiastic. Williams moved approval, Winthrop seconded, all AYES on voice. Fund-Raising Thermometer. A request was received to place this 4' x 8' sign in two places downtown. Winthrop moved to approve same, Arnold seconded, all AYES on voice vote. SDC Committee Report. Public Works Dir. Hall said the Committee was comprised of Don Greene, Larry Medinger, Jack Nicholson, Tim Price, Councilor Acklin, Finance Dir. Turner, and Staff Accountant Caldwell. He then reviewed the recommendations for amendments to the Systems Development Charge Ordinance as set forth in his memo included in the packet. Laws said the recommendations are well-reasoned and moved to request staff to bring back implementing documents for all recommendations. Winthrop seconded and the motion carried on voice vote. Acklin moved to extend the meeting for one-half hour, Laws seconded, all AYES on voice vote. Commercial Standards Development Committee Report. Jim Ragland, Chair, commended the Committee and Staff for the hard work involved in preparing the report. Debbie Miller, 160 Normal, is concerned that criteria has not been included which measures impacts to surrounding areas and limits gross square footage. Williams is not comfortable making decisions on size limitations, and said he hoped flexibility would be considered to allow for commercial/industrial developments which provide employment. Hal Cloer, 1036 Prospect, feels the problem is underdevelopment, and people are operating on the fear of change and the unknown. He said specific proposals should be considered. Arnold said this should be passed to the Planning Commission without Council recommendations. The resolution was read and Arnold moved to adopt same, Laws seconded, all YES on roll call vote. (Reso. 92-10) PUBLIC FORUM: Larry Medinger, 149 N. Wightman, said all engineering is required to be completed prior to final plan approval on subdivisions and a compromise needs to be reached. Laws and Winthrop will discuss this with Staff prior to next Council meeting. Winthrop moved to extend meeting one-half hour, Acklin seconded and the motion carried with Reid and Arnold dissenting. ORDINANCES, RESOLUTIONS & CONTRACTS: Chronic Parking Violators. Second reading by title only of an ordinance amending Section 11.28.110 of the A.M.C. relative to increasing fines for chronic parking violators. Acklin moved to adopt same, Williams seconded, all YES on roll call vote. (Ord. 2665) Regular Meeting - Ashland City Council - March 3, 1992 - P. 4 Annexation Criteria. Second reading by title only of an ordinance amending the Comprehensive Plan, Policy XII-2 regarding annexations, and the Land Use Ordinance Section 18.108.065 with respect to criteria for approval of annexations. Williams moved to adopt same, Reid seconded, all YES on roll call vote. (Ord. 2666) Tolman Creek Rd. Signal L.I.D. Read earlier in meeting. Plat Check Fees. A resolution was read setting plat check fees for subdivisions and partitions. Laws thanked Asst. City Engineer Jim Olson for furnishing Council with the requested information, and moved to adopt the resolution. Reid seconded and the motion passed unanimously on roll call vote. (Reso. 92-08) Site Review Approval Criteria. Read earlier in meeting. Relinquish Public Easement. A resolution was read relinquishing a public easement for irrigation purposes to Christine Sears and Stephen Cary by quitclaim deed. Williams moved to adopt same, Winthrop seconded, all YES on roll call vote. (Reso. 92-11) OTHER BUSINESS FROM COUNCIL MEMBERS: None. ADJOURNMENT: The meeting adjourned at 11:40 P.M. Nan E. F~anklin City Recorder Catherine M. Golden Mayor Regular Meeting - Ashland City Council - March 3, 1992 - P. 5