Loading...
HomeMy WebLinkAbout1991-0102 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL JANUARY 2, 1991 CALL TO ORDER Mayor Catherine Golden called the meeting to order at 7:37 P.M. on the above date in the Senior Center. Laws, Reid, Williams, Acklin and Winthrop were present. Arnold arrived at 7:50. The Mayor's Annual Address was postponed until January 15, in order to be broadcast on the access channel. APPROVAL OF MINUTES Mayor Golden noted a revision on page one of the minutes of the regular meeting of December 18, 1990 changing Bill Emerson's title from Architect to Designer. The minutes from the regular meeting and the executive session were accepted as revised. SPECIAL PRESENTATIONS AND AWARDS Mayor Golden recognized employees of the following departments for their efforts "above and beyond the call of duty" in assisting Ashland residents during the Christmas cold snap: Electric, Water, Street, and Police. Other citizens who were recognized were: Ron Bolstad, SOSC, for providing shelter for seniors; Don & Sharon Laws for working around the clock calling seniors in case they needed to be evacuated from homes without heat; Bud Kaufman who offered to close Croman Corp. to relieve demand on electric energy; and Jim Watson, Hospital Administrator, who offered food services. Golden and Almquist will attend department safety meetings to personally offer their thanks and appreciation. SPECIAL AGENDA ITEMS Election of Council President. Laws nominated Acklin, Winthrop said she did an excellent job but nominated Reid. Reid asked not to be appointed due to commitments in Salem which will prevent her attendance at some of the future meetings. Reid supported Law's nomination of Acklin and so moved. Winthrop seconded, all AYES on voice vote. Council Liaison Appointments. Laws was appointed to Planning and Ad hoc Transportation Committee; Winthrop to Affordable Housing, RVCOG, Senior Board, and Airport; Williams to Parks & Recreation, Visitors & Convention Bureau, and Sewer; Reid to Historic, Greenway and Recycling; Acklin to Hospital, Economic Development/Business Facilitating Committee and Band/Audit Committee; Arnold to Traffic Safety, Bicycle and Recycling Task Force. Regular Meeting - Ashland City Council - January 2, 1991 - P. 1 CONSENT AGENDA Williams moved to approve the nonexistent Minutes of Boards, Commissions and Committees and Winthrop seconded. The motion passed on voice vote with Laws dissenting. SWEAR IN NEW MEMBERS Acklin, Arnold, Laws, and Reid were sworn in as City Councilors and A1 Alsing, Tom Pyle, and Wes Reynolds as Park Commissioners. PUBLIC HEARINGS Crowson Road Annexation - Williams claimed ex-parte contact, noting that Leo Zupan is his uncle and listing realtor, but not owner of the property. Planning Dir. Fregonese gave the staff report, said the Planning Commission recommends denial, and the ordinance should be changed to make the burden of proof more reasonable concerning public need for different types of land. City can allow connection to City sewer without annexation. The public hearing was opened. Tom Giordano, 590 Allison, who is agent for applicant Leo Zupan and property owners Jim and Anna Mae Smith, asked Council to approve the project. He expressed concern about the late hour at which the Planning Commission considered same, said the property is surrounded by city land on three sides and is committed to residential development. Leo Zupan, 1680 Homes, noted recent Planning Commission approval of a 5-acre annexation which crossed Highway 66 and included the weigh station. Jim Smith, 209 Crowson Rd., feels the city limits boundary is inconsistent. Ilse Forney, 330 Crowson Rd., lives opposite this land and expressed concern about increased traffic and the proposed number of lots. There being no further comment from the audience, the public hearing was closed. Winthrop feels Council is not prepared to modify the annexation criteria, that Giordano is not targeting acute housing needs, and he will vote to deny the annexation. Arnold agreed with Winthrop and the Planning Commission but would be willing to approve the annexation with the condition that the city not pay legal fees should the action be appealed to LUBA. Williams asked if it was legal to approve, knowing it might be appealed. Reid noted other issues such as the need for additional water and electric services, and said annexation costs are going up and by postponing this issue, they were forcing it on the public. Laws agreed with Arnold and Reid and said Policy 12-1 requires at least a 5-year supply of land, which means it could actually be more. Acklin said there are other existing parcels of land but they will not accommodate what this project offers. She moved to approve the annexation with Arnold's condition that we do not participate in defending an appeal to LUBA. She felt the findings needed to be polished on similar points like 5-year issue. Winthrop expressed concern about approving the annexation when public facilities are overloaded. Williams seconded the motion which passed on voice vote with Winthrop dissenting. Regular Meeting - Ashland City Council - January 2, 1991 - P. 2 Proposed ordinance banning cleaning agents containing phosphates - Pam Barlow, P. W. Admin. Assist., presented staff report. Ashland is a major source of phosphorous loading into Bear Creek, and D.E.Q. standards will require a reduction to 2.1 pounds per day effective December 31, 1994. Phosphates are not a critical element in detergents but used as a builder for softening waters which makes detergent more effective. The public hearing was opened. Dane Coefer, 860 C Street, said with a ban going into effect in Portland, Oregon will have access to supplies of non-phosphorus products. Klaas Van De Pol feels the ordinance should be more strict, said industrial facilities should also be made to use products low in phosphates, and delete item D(h) since there are products like Fantastic and Windex that have no phosphates. On a question from Golden staff said clinics and hospitals are exempt for sanitary reasons. Reid thinks it is important to stay in step with Portland in the event the ban becomes statewide. Richard Marshall, 3599 Hwy 99S, Wastewater Plant Supervisor, commended Pam for her efforts. Other places have reduced phosphates by 50% and although this will not meet DEQ standards, it will save in treatment costs later. Lenny Friedman, 485 Beach St., presently complies with regulations and does not use phosphates in his Pyramid Juice business. He checked around and got no resistance from restaurants. Richard Goff, Mohawk St., objects to some of the exemptions, i.e. putting the burden on those who run private washing machines but not on commercial. Barlow received no negative feedback from some commercial establishments she spoke with. David May, 179 Ohio St., with United Grocers, said soap manufacturers' goal is to lower phosphates in all products. Western Family doesn't contain any. He felt a population of 14,000 will not bring Proctor & Gamble to its knees by not buying their product. The public hearing was closed. After a brief discussion, Winthrop recommended passing this generic ordinance and explore exemptions in the future. Reid moved to approve the ordinance as written and Winthrop seconded. Arnold feels this ordinance will not be effective unless a high tertiary sewage treatment process is selected. He said the ban should only be implemented if all Councils of Government do the same and it is tied in with the solution of sewage treatment. Reid said it will reduce phosphates in the entire Rogue Valley, which is taking a step in the right direction. Winthrop noted if, in fact, we will have to pay to have it taken out later, than there is a benefit. Arnold said there was no data to support that. Golden reiterated Brown & Caldwell's comment that banning phosphates would be a good start. Acklin had a problem with the list of exemptions, i.e., dairies. and was impressed with Marshall's comments but needs some economic analysis on how the plant presently operates with and without phosphates. Laws thought it would be cheaper to treat, put on the ground, or send to Medford to treat, but no initial benefit to ban. Steve Hall noted that the Rogue River is at its lowest quality now and cannot be lowered. The ordinance will help maintain the quality. Acklin said the best solution is a statewide ban. Williams said it makes a statement and does take some poundage from the stream. Acklin suggested modifying Regular Meeting - Ashland City Council - January 2, 1991 - P. 3 Phosphate Ban (Continued) *(REVISIONS) the ordinance to reduce the number of exemptions, make it effective January 1, 1992, and push a statewide ban. Reid amended motion to read effective July 1, 1991. Winthrop seconded, the motion which passed on ,roll call vote with Arnold dissenting. The ordinance was read and Acklin recommended striking (d) under B. Definitions. All agreed. Public Hearing Time Limit - Acklin moved to suspend the public hearing time limit policy. Laws reminded the Council that they once adopted a policy to only have two public hearings on each agenda and also not go beyond 9:30 P.M. Fregonese asked that the manufactured housing ordinance be heard, and it was agreed to continue the other two public hearings to the next meeting. Acklin moved to suspend the rules to hear public hearing #5. Winthrop seconded, all ayes on voice vote. Proposed Amendments to the Land-Use Ordinance Regarding Manufactured Housing - Fregonese stated some of the restrictions on manufactured homes and single family homes. Requirements included 14 degree roof pitch, ban from slopes in excess of 10%, no metal siding or roofing, ,horizontal wood siding, and two car garages. Council felt requiring a two-car garage encourages the use of automobiles. Reid said it makes it more expensive. Fregonese said it was made to be compatible with other single-family residences. Right now housing requires two off street parking spaces. Also, Planning added "moved site-built houses" to the amendment because they should meet same standards. Winthrop was defensive about the 1,000 square foot minimum requirements. Fregonese said homes need to be compatible and there are no existing single family residential homes being built under 1,000 square feet. Acklin noted that it may not even be an issue since manufactured homes come pre-fabricated in certain sizes. On a question from Leo Zupan, Laws said the state is requiring these amendments. Dane Coefer objected to two-car garages which will dwarf a 1,000 square foot home, and suggested requiring storage. Bob Johnson, 955 N. Mountain, said there are also double 16' and 32' wide manufactured homes. There being no further comment from the audience, the public hearing was closed. Williams said siding should include both horizontal and vertical, and TI-ll is appropriate, and two car garages should not be required. Almquist noted there are standards in mobile home parks so we don't want these standards to be any less. Laws noted the state law which states that standards cannot be adopted which are more restrictive than those required by state law, therefore a double car garage cannot be required. Also the exterior requirements are more restrictive than state law. Fregonese said we could ban the aluminum roof and siding. Reid suggested to remove "moved site-built houses" from mobile home ordinance and make it a separate issue. Laws moved to approve concept and recommend that the ordinance be revised to drop the horizontal siding restriction, change 2-car garage requirement to "a garage", and leave out "moved site-built houses" completely. Winthrop seconded. Laws amended the motion to include "auxiliary storage building or garage at least 14x20 feet", Winthrop seconded, all AYES on voice vote. Regular Meeting - Ashland City Council - January 2, 1991 - P. 4 UNFINISHE~ BUSINESS: Parking zone on Idaho Street - Public Works Dir. Hall met with Fire Chief King and both agreed to establish a no parking zone on the west side of Idaho Street from Iowa Street 90 feet southerly and 15 feet each side of the alley running westerly from Idaho. Willjams moved to adopt the resolution repealing Resolution 76-28, Reid seconded the motion which passed unanimously on roll call vote. (Reso. 91-01) Recommendation for naming plaza in front of Black Swan Theatre as Chautauqua Square - Williams moved to approve and Winthrop seconded the motion which carried on voice vote. NEW & MISCELLANEOUS BUSINESS City Attorney Selection Process - Memo from City Administrator concerning City Attorney selection process. Arnold moved to discuss this issue at the Saturday retreat and Reid seconded. All AYES on voice vote. PUBLIC FORUM: No comment. ORDINANCES, RESOLUTIONS & CONTRACTS Repeal Chapter 10.36 - Second reading of an ordinance repealing Chapter 10.36 with respect to immoral conduct. Laws moved to adopt same, Williams seconded, and the motion passed unanimously on roll call vote. (Ord. 2609) Phosphate Ban Ordinance - See Public Hearings. ADJOURNMENT: The meeting adjourned at 10:30 P.M. Nan E. F~anklin City Recorder Catherine M. Golden Mayor Regular Meeting - Ashland City Council - January 2, 1991 - P. 5