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HomeMy WebLinkAbout1992-0804 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL AUGUST 4, 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: presented. Regular Meeting of July 21, 1992 accepted as CONSENT AGENDA: Golden asked that two items be added as follows: 5) Liquor license request by Feng Lnn & Tom Can Huang dba Panda Garden; and 6) Pavement Cut Request from Ed Houghton for Irrigation Leak Repair on Logan Dr. Winthrop pulled item 2) Monthly Department Reports for discussion. Acklin moved approval of the remainder as 1) Minutes of Boards, Commissions and Committees; 3) City Administrator's Monthly Report for July 1992; 4) Memo from Fire Chief concerning closure of Ashland Watershed to motorized vehicles as of July 31, 1992 by the U.8.F.S. and Ashland Fire Dept.; and above-noted items 5) and 6). Winthrop referred to an item in the Police Dept. report in which an individual broke a window at Safeway with his head, while trying to get the attention of a friend inside the store. Winthrop moved approval of item 2), Arnold seconded, all AYES on voice vote. PUBLIC HEARINGS: Continuation of P.A. 92-033, C-l/E-1 Ordinance Amendments. Staff requested continuation until August 18, 1992. WATER STATUS REPORT: Moved up on agenda. Public Works Dir. Hall said TID is still planning on the September 1st cut-off date. Consumption is down 26% over last year, and he thanked the residents and businesses for their conservation efforts. PUBLIC HEARINGS: (Continued). P.A. 92-074, Annexation, Zone Change and Site Review at 28~4 Highway 66. (John & Feather King, Applicants) Assoc. Planner John McLaughlin said the Planning Commission recommended approval, and requested that granting of a tree trimming easement be added as a condition. The public hearing was opened, no comment, and it was closed. Reid moved to approve P.A. 92-074, adopt Planning Commission Findings, and add the tree-trimming easement as a condition. Winthrop seconded and the motion passed unanimously on roll call vote. A Resolution was read annexing the contiguous area to the City and providing for an effective date. Laws moved approval, Arnold seconded, all YES on roll call vote. (Reso. 92-44) First reading of an Ordinance amending Ord. No. 2052 and Section 18.12.030 of the A.M.C. to rezone the annexed property from Jackson County RR-5 to City of Ashland E-1. Arnold moved to second reading, Acklin seconded, all YES on roll call vote. First reading of an Ordinance withdrawing the annexed property from Jackson County Fire Dist. 5. Williams moved to second reaading, Arnold seconded, all YES on roll call vote. Regular Meeting - Ashland City Council - August 4, 1992 - P. 1 P.A. 92-063, Site Design & Use Standards Re: Large-Scale Commercial Development. Fregonese gave the history of this action, and told of the hard work done by the Commercial Development Standards Committee over the last 8 months. The key issue has been limiting the size of commercial buildings without affecting existing businesses. He then outlined the proposed changes, and said the Site Review Guidelines should be changed to Standards. The public hearing was opened. Jim Ragland, 91 Gresham St., Chair of the CDSC Committee, said the majority of the Committee feels a size limitation is necessary and asked that the 45,000 sq. ft. limitation be re-instated. He also requested that Council further consider the idea of "specific area plans". Arnold commended the Committee and especially Jim Ragland on time and effort involved in this project. David Lane, 1700 E. Main St., representing Friends of Ashland, said the proposed changes are not what the F.O.A. asked for originally, and they support inclusion of the size cap in the document. Rick Harris said 45,000 sg. ft. is reasonable. Michael Sanford, 127 Strawberry, asked about land adjacent to the I-5 corridor, and Fregonese said it is all zoned for residential use. There being no further comment from the audience, the public hearing was closed. Arnold said the hard cap is a good compromise and allows for competition among businesses, while maintaining the quality of life and creation of jobs. He recommended replacing the wording of Section II-C-3a 2) of the Site Design & Use Standards with the proposed "hard cap" wording as submitted by staff. Laws supports the "hard cap". Acklin asked about the effect on employment zones and Fregonese said this would apply in the proposed detail site review zone only. Winthrop moved to approve Planning Action 92-063, adopt the new Chapter 18.72, and amendments to the Site Design & Use Standards including the proposed "hard cap" wording for Section II-C-3a 2) of same, exempt the C-i-D zone, and delete Section 18.72.050 Desiqn Review Forum. Reid seconded the motion. Willjams thanked the committee for their efforts but cannot agree to the "hard cap" wording. The motion passed on roll call vote as follows: Arnold, Laws, Reid, Acklin, and Winthrop, YES; Williams, NO. UNFINISHED BUSINESS: TCI Request to Waive Noise Ordinance Requirements. Glenn Rierson, TCI Cablevision, requested permission to use a generator at night during the system rebuild. Arnold said the work should be done during the day. Bob Johnson, TCI, said the noise will last one hour, once or twice a week. Winthrop moved to approve the reguest with the condition specified in TCI's letter, Williams seconded, and the motion passed on roll call vote with Arnold dissenting. Acklin requested that affected residents be notified of the work. NEW & MISCELLANEOUS BUSINESS: Initiative Petition. City Attorney Nolte reviewed a memo prepared by him and Planning Dir. Fregonese concerning the initiative petition on commercial development standards filed by the Friends of Ashland, and recommended that Council reject the petition. Initiative petitions cannot meet State law requirements for land-use ordinance amendments. David Lane, 1700 E. Main, spoke for Friends of Ashland and distributed a statement to the Council. He Regular Meeting - Ashland City Council - August 4, 1992 - P. 2 Initiative Petition (Continued) said Council does not have discretion to not place the initiative on the ballot, and if same is passed by the voters, the State Law requirements concerning public hearings can be met. On a question from Reid, Lane said the preparer of the Friends of Ashland statement will not be named. Michael Sanford distributed a statement to Council and said the initiative should be placed on the ballot. Ali Ross, 734 Cambridge, President of the Board of Realtors, distributed a copy of the Giles case to Council, and said that Board is opposed to the initiative. They have asked Sen. Harmon for an opinion from the Legislative Counsel and asked that the decision be delayed until the opinion is received. Beth Heller, 272 Greenbriar Pi., supports placing the initiative on the ballot. Rick Harris agreed. Laws said the spirit of land-use law provides for citizen involvement and interaction and the initiative process bypasses this. Acklin agreed and is concerned that the F.O.A. didn't wait for the Committee's proposals prior to filing the initiative. Winthrop suggested postponing a decision for two weeks to obtain more input. Arnold said State law dictates that the initiative not be placed on the ballot. Reid said a lot of time and effort went into the proposal by the Commercial Development Standards Committee. Arnold moved to reject the initative as provided in O.R.S. 250.325 and instruct the City Recorder to not place the initative on the ballot. Acklin seconded the motion which passed on roll call vote as follows: Acklin, Arnold, Laws, and Williams, YES; Winthrop and Reid, NO. Medford Growers & Crafters Request. The request is to use 8 additional parking spaces in the Water Street parking lot as they are needed for vendors at the Tuesday market. Fregonese said DPAC felt the downtown merchants should have a say in how the lot is used and recommended denial. Personally he thinks its a good use and adds to the social atmosphere in the downtown area. Joyce Schillen, Manager of the Market, said last year they doubled in size and are at capacity with 42 vendors. The spaces will only be used if necessary. Charles Lahr sells produce at the market and asked that Council approve the request. Mark Schoenleber, 358 High St., sells produce and said the social aspect is good for downtown. Winthrop moved approval and Reid seconded. Williams said parking is at a premium and will vote no. Acklin agreed and noted that all downtown businesses participated in parking lot construction. Arnold noted the handicap parking space among the 8 request, and Winthrop amended his motion to request that staff recommend a temporary parking place as a replacement. Reid amended the second, and the motion carried with Williams dissenting. Fire Pumper Replacement. A memo was received from City Administrator Almquist outlining alternative methods of funding the replacement of Fire Dept. pumpers. Acklin moved to place same on file and discuss in the budget process, Reid seconded, all AYES on voice vote. PUBLIC FORUM: No comment. Regular Meeting - Ashland City Council - August 4, 1992 - P. 3 ORDINANCES RESOLUTIONS & CONTRACTS: Special Vehicle Permits. First reading by title only of an ordinance amending Chapter 6.28 of the A.M.C. (Copies furnished in accord with the Charter) Winthrop moved to second reading and Arnold seconded. Public Works Admin. Asst. Pam Barlow reviewed the memo included in the packet. The following changes were agreed to and Winthrop amended his motion as follows: C.5. Put the words "except through Lithia Park" between "and" and "passengers" in second line and delete same words from end of sentence; and, change the sign size limitation to six square feet (E.). The motion passed unanimously on roll call vote. King Annexation Ordinances read earlier in meeting. Laborers Union Contract. Acklin moved to ratify a 3-year contract with the Laborers Union representing Public Works and Cemetery Department employees, and authorize the Mayor and City Recorder to sign same. Williams seconded, all YES on roll call vote. OTHER BUSINESS FROM COUNCIL MEMBERS: Almquist asked who will be attending the Regional Rate Committee on August 10th at Noon. Laws and Williams said they would. ADJOURNMENT: The meeting adjourned at 11:00 P.M. Nan E. ~ranklin City Recorder Catherine M. Go'lden Mayor (d:\mts\8-4-92) Regular Meeting - Ashland City Council - August 4, 1992 - P. 4