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HomeMy WebLinkAbout1991-0115 REG MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL JANUARY 15, 1991 CALL TO ORDER - Mayor Catherine Golden called the meeting to order and led the Pledge of Allegiance at 7:36 PM on the above date in the Council Chambers. Laws, Reid, Williams, Acklin and Winthrop were present. Arnold was absent. MAYOR'S ANNUAL ADDRESS - Mayor Golden gave her annual City Address concerning events which occurred in 1990 (see attached). SPECIAL PRESENTATIONS & AWARDS - Mayor Golden presented a Certificate of Appreciation to Sgt. Wayne Van Blarcom who is retiring after 25 years of service to the City. Police Chief Lively said Van Blarcom has been a sergeant for the last 10 years and the void will be hard to fill. APPROVAL OF MINUTES - Winthrop referenced page 4, third paragraph and asked that, "Winthrop was defensive..." be changed to, "Winthrop was concerned about"; Willlares asked staff to clarify that T1-11 siding is acceptable and Senior Planner John McLaughlin said yes, the ordinance will read "limited to wood siding". CONSENT AGENDA - Winthrop asked that Item 4) Authorization for Mayor and Recorder to sign indemnity agreement with Copeland Lumber Co. be pulled for discussion. Laws moved to approve Items 1, 2 and 3 and Acklin seconded. All ayes. Winthrop asked what action has been taken to get the contractor to indemnify Copeland. McLaughlin said the City requested the work from the contractor, therefore, the City would indemnify Copeland since it was responsible for getting the work done. Salter said if we sign the agreement, we could be responsible. He felt is was a matter of principal, (only 3 1/2 inches) and theoretically is improper. McLaughlin said the worst possible scenario would be that the City would have to saw cut out the 3 1/3 inch encroachment of the foundation footing, but affected parties don't want to do this. Willjams agrees but feels it is not worth hassling with. Reid moved to order signature, Acklin seconded. The Mayor suggested amending the motion to contact LTM one more time regarding the matter before signing the agreement. Reid amended the motion and Acklin seconded. The motion passed on roll call vote with Laws dissenting. Laws noted that the Council liaison list was incomplete excluding the Recycling Committee and Traffic Safety Commission. Staff will revise. PUBLIC HEARINGS - Proposed amendments to the Land-use Ordinance regarding traveller's accommodations. McLaughlin gave staff report stating the existing ordinance was not clear cut. New ordinance covers questions like what constitutes applicant vs owner. Changes include: clarifying that the owner (business owner occupied) must live on site; a limitation on number of units based on size of lot; no limitation if combining properties; and a clear maximum number of units (present maximum is 7 at the Chanticleer so no B&B will have to cut back). McLaughlin said that Planning tried not to create non-conforming situations, that the proposed changes are based on existing B&B's. He noted Fregonese's memo and the final staff report are the finalized version as recommended by Planning Commission. The only existing non-conforming establishment would be Chanticleer, because owner is living next door. The public hearing was opened. JIM SIMS, 269 B St., President of Lodging Assoc., was not opposed to the proposed regulation and supports keeping Regular Meeting - Ashland City Council - January 15, 1991 - P. 1 standards high. He said the Association didn't like the room size limitation, especially if imposed on old historical homes, and the ordinance was changed to accommodate. Whatever disagreements there were have been minor. They had concerns that this ordinance doesn't affect commercial establishments and doesn't want to limit the industry from growing. He said staff and Planning Commission really went out of their way to make this work for all concerned. He believed B&B's affect the neighborhood the least of all businesses. Golden appreciated positive energy of Lodging Assoc. CHRIS WOOD, 141 Strawberry Lane, CPAC, read letter into record. CPAC routinely accepted the proposed ordinance with consideration of the effect on neighborhood livability. CPAC recommends rejecting ordinance. They want to take issue with definition of B&B's as opposed to travelers accommodations. Some establishments have commercial facilities inside residential zones. Livability of these neighborhoods begins to deteriorate with more off-street parking, paving of the interiors of blocks which changes the use of privacy in the yard. It seems that the ordinance is geared to better accommodate visitors than citizens. CPAC made it clear it did not want to change the operation of existing facilities. ROY LEVY, VP, Lodging Assoc., owns Carter House. Owners only get about 5% return on investment unless syndicated so profit is not the goal. B&B Parking has been in conformance according to City standards. Over 90% of B&B's d__o serve breakfast. Levy said it is undemocratic to limit number if the property qualifies. Planners might consider zone changes if they want to limit -- City loses control in commercial zones. The public hearing was closed. Laws moved to direct staff to put recommendations from staff report into ordinance form and bring back, and Reid seconded. Mayor reiterated that CPAC thinks future of B&B's compromises integrity and character of neighborhood. McLaughlin said Planning mapped clusters of B&B's and is in different concentrations in every neighborhood. They do not receive a barrage of applications. Issues are looked at individually in every application. Mayor confirmed if proposed ordinance is not adopted, existing ordinance remains. Regarding the stipulation that new applications for B&B's must be limited to houses that are 20 years old, Willjams asked "why 20 years", was it arbitrary? McLaughlin said it was and that would limit B&B's to existing dwellings. Winthrop added that it is in keeping with the existing fabric of the neighborhood. He agreed with Laws that the proposed ordinance is a good compromise. Reid stated she owns a travellers accommodations and this ordinance does not affect her. All ayes on roll call vote. Appeal from a decision of the Planning Commission denying PA No. 90-186, a request for a variance for parking requirements at 673 Siskiyou Blvd. (Applicant: Shaw). Reid said she drove by site. McLaughlin gave staff report stating a studio and kitchen were installed without permits or permission and the site has no off street parking. He said the Planning Commission struggled with this one since they were looking at an application for work that has already been done. He asked that Council review this as if it were a regular application. The Planning Commission approved the Conditional Use Permit but denied converting cottage and request for parking area. McLaughlin reviewed the criteria for approval of a variance. Originally, the Planning Commission tie voted, 3-3; two other Commissioners listened to tapes and voted tying it 4-4. The last Planning Commissioner broke the tie. Reid asked was unit rented out prior to renovation? McLaughlin said no because it was partially dirt floors. Golden asked McLaughlin to speak about alley being paved. He said both Public Works & Planning feel it is appropriate to pave. Reid noted irony that recent larger commercial developments were not asked to pave. The public hearing was open. DAVID SHAW, 434 Courthey, said regarding the letter concerning sale of property from Wayne Stenabow which was in the packet, he has withdrawn his offer. The original storage shed portion of the building had dirt floors, but the majority of structure was arranged Regular Meeting - Ashland City Council - January 15, 1991 - P. 2 as a bedroom. He felt the decision not to grant the variance might have been punitive. If he does nothing, there would be a need for 3 parking spaces. By allowing the changes, only 1 parking space is required. He commented that he doesn't have packet that Council got. They explained it was available to him upon request. He further stated that paving the alley would encourage speeders and that his project promotes affordable housing. NElL FOLEY, 647 Siskiyou, said the condition of alley is horrendous, with heavy traffic. He noted that he doesn't live at 647 but owns it. He is opposed to additional unit and parking variance. The Public Hearing was closed. Laws thought Planning Commission did very painful job and since staff agrees, he could not see any obvious reason to overturn their decision. Winthrop said he would like to support but it doesn't meet requirement. Reid said we need to look for alternatives to cars yet we promote parking; she supports the Historic Commission's decision, and that this is affordable housing possibly for someone who doesn't need a car. Here is a chance and we're denying it. She felt it would be good for community. Williams tends to agree with Reid in principal but we have an ordinance that we should stick to and the issue about relying on a car is a matter of concern and this would be an ideal situation for bicycle use. Mayor suggested renting with stipulation that renter can't own a car. Salter said this is good example of why things get appealed to LUBA. If Council asks him to write findings, he would have to talk about the issues on page 5 and ask what are the unique or unusual circumstance. Reid said people are led to believe there is such a thing as a variance and that's why the application is here. Winthrop said it doesn't meet criteria for Variance and the language for variances was loosened so we could stick to it. Laws said there is no assurance people would not have car or two but you can't realistically impose a restriction. Laws moved to regretfully deny the appeal and adopt the findings of the Planning Commission. Winthrop seconded. Golden read criteria of variance. Acklin noted comment from staff in original staff report, "...a case can be made" and asked staff to explain. McLaughlin referenced what Shaw said, that is, instead of existing 3 space deficit, improvements will lessen to 1 space deficit. McLaughlin recommended that the motion be amended to approve the Conditional Use Permit but deny the Parking Variance. Laws amended his motion and Winthrop seconded. The motion carried on roll call vote with Reid and Acklin dissenting. NEW & MISCELLANEOUS BUSINESS - Memo from Mayor regarding appointment of Ad hoc Water Conservation Committee. Laws moved to approve and Willjams seconded, all ayes on voice vote. Memo from Building Department regarding demolition of a fire-damaged house at 366 B Street. Almquist noted that the Historic Commission and Building Official recommend demolition. Williams moved to approve and Winthrop seconded, all ayes on voice vote. PUBLIC FORUM - Selene Gantz, concerned citizen and mother, felt fear and terror of being swept into war. Councils around the country are being asked to review drafted resolution for approval to make a statement that we do not endorse war. Mayor read resolution. Winthrop moved to place on the agenda, Laws seconded. Reid personally felt moved by the resolution as other communities have but felt strongly that bringing it up without notice to the public is not fair. Members in community might feel undermined. She stated she wished Council had done it 8 weeks ago. Laws suggested amending the resolution to make it acceptable as follows: "That the City of Ashland urges the President of the U.S. to refrain from the use of force in the Persian Gulf as long as there is the least chance of a peaceful resolution of the conflict in accord with the United Nations resolutions." Williams shared the feelings of the group but agrees with Reid and, even with the amendment, he felt they should not vote on it. The motion passed to place the item on the agenda with Willlares and Reid dissenting. Regular Meeting - Ashland City Council - January 15, 1991 - P. 3 Winthrop looked back on Vietnam era and said he is totally opposed to force. Would support resolution along lines of Laws' recommendation. Golden hoped leaders will still find a peaceful solution so we could have time to adopt a resolution. Acklin commended Reid for brave comment. Laws not in favor of cities making foreign policy but feels time element demands an action tonight. Winthrop agrees and suggests striking parts of resolution (second paragraph). Williams had problems with it and would have to abstain if motion was made. He doesn't feel this is Council's role. Acklin agrees with Williams and moved to table, Winthrop seconded, all ayes on voice vote. Paul Cosgrove, attorney, residing in Portland, questioned what was procedure to be taken on agenda item from Jan 2rid meeting regarding the phosphate ordinance. He represents The Soap and Detergent Assoc. who was unaware this issue was going to be reviewed by Council on Jan. 2nd, but would like to have a chance to give comments. Salter said Council can postpone second reading until later date and receive written comments or reopen public hearing. Laws asked if we can open public hearing in written form only. Winthrop has no problem to postpone 2nd hearing to allow public input and moved to table second reading until the 2nd meeting in March, Laws seconded, all ayes on voice vote. ORDINANCES, RESOLUTIONS & CONTRACTS - Second reading by title only of an ordinance adding a new Chapter 14.09 to the Ashland Municipal Code prohibiting the sale and distribution of cleaning agents containing phosphorous within the City of Ashland's city limits. Tabled, see Public Forum above. First reading of ordinance amending Section 2.48.010 of the Municipal Code concerning Police special service fees. Almquist read ordinance. Williams moved to second reading and Acklin seconded. All ayes on voice vote. OTHER BUSINESS FROM COUNCIL - Attorney Selection Committee - Golden would like to receive input from Councilors and City Attorney regarding selection process. She read names of people appointed to the Committee: Barbara Jarvis, Keith Jamieson, Jean Hart, John Fregonese, Brian Almquist, James Watson, Pat Acklin, and Catherine Golden. Laws moved to place on agenda, Williams seconded, all ayes on voice vote. Laws moved to approve committee members, Winthrop seconded, all ayes on voice vote. Laws would like to see an amendment to the policy on public hearings which would permit two appeals only and allow legislative hearings as long as staff uses discretion placing them on the agenda. Williams moved to put on agenda, Laws seconded. Laws move to approve recommendation on policy of public hearings and Winthrop seconded, all ayes on voice vote. Golden said RVCOG needs an alternate representative. Reid volunteered. Golden instructed staff to contact RVCOG with information. ADJOURNMENT - The meeting adjourned at 9:55 P.M. Nan E. Franklin City Recorder ~olde~n Mayor Regular Meeting - Ashland City Council - January 15, 1991 - P. 4 Ashland 1991 State of the City 1990 was a very productive year for the City of Ashland with an unprecedented level of citizen involvement. During this past twelve months we struggled with and had the voters endorse an open space program. We progressed toward ~-ompleting much of our downtown project plan; iDcluding the Black Swan Plaza, the plans for the plaza development and the Pioneer ,~nd C Street parking lot. Beyond our city limits we have looked tc the view and water shed of the city by acquiring and preventing a clearcut on the Superior Land, by removing the dead and dying timber from the city owned land and establishing a volunteer work force to help Feduce potential fire danger in the watershed. It has also been a year of great progress on our comprehensive plan. Because of the dedication of many of the city councilors, city planners and the citizens of Ashland serving on volunteer commissions, we have completed the comp plan elements of environmental resources, openspace, economic development, population projection and half of housing. In the public facilities portion we will have a list of transportation improvements and alternatives as part of the updated approach to reduce reliance on the automobile. In terms of this approach we are ahead of nearly every other city in ~he State of Oregon. In fact, we have a reputation of one of the best comprehensive plans ,n the state and are considered the city most able to carry out the spirit of the comprehensive land use process largely due to ~ur citizen involvement. Beyond all this we are blessed with an enlightened constituency, reflected in the Council make-up, that is willing to shift directions of city government to embrace new values. values that dictate an interest in using our existing resources more wisely rather than creating more so that we can continue to waste. This approach is best demonstrated in our ~irection on water'conservation, has always been present in our energy conservation, and can be further recognized in our approach to traffic management, forest management and recycling efforts. In each of these areas we are taking difficult situations, working with the citizens and coming up with innovative cost efficient approaches that will continue to make our small, progressive city a leader in the state. Ilc, bev~.r, cu~ su:~c'ess in keeL~ing Ashland a lovely place to l~u~. has a down side: many people are fleeing other ar~as whe~-e ~l~c]: care has not been taken and the result is that our resources ,~'e pushed to the limits, our building department is not able to take the kind of care for planning actions that it otherwise w,-~uld take and many cf our long range 9oals have to be set aside while we deal with the here and now. The desirability of our · rllb· has not 9one unnoticed by the County Tax Assessor. This [.~st year Ashland experienced a 2V% increase in assessed values. But even with this increase, while other metropolitan areas voting to impose a property tax limitation the citizens of ~shland turned it down two to one. While two of the three member Jackson County Board of l'=mmissioners were reneging on a vote to endorse a recycling unitiative the Ashland City Council was directing staff to draft '.~rdinances to ban phosphates. This followed City Council actions ro ban polystyrene and bring on line a recycling depot, The recycling task force committee is now directing their energy and I-~sources toward creating a community compost pile. If ~uccessful this could reduce t]~e amount of waste going into our !and fill by as much as 35%. After DEQ removed the City of Ashland from Air Quality Maintenance Area publicly stating that Ashland did not have an ,air quality problem, the citizens of Ashland and the City Council disagreed, understanding that we play a role in the air quality c~f the Rogue Basin and certainly globally. With that understanding came a series of recommendations from a citizen :'ommittee and Dick Wanderscheid, our energy conservation "o~rdinator, that have done much toward .cleaning up the air. ln{~luded in this is an innovative program to replace poor burning woodstoves with more efficient heat sources. The citizens have applauded these efforts and have ~]{,monstrated their support }:;y voting in a woodstove emissions ~rdinance by a 3 to 1 margin. Meanwhile the City of Central Point was voting to repeal a woud stove ordinance that was less restrictive. 1990 also marked the beg;~nnin9 of our televised City Council meetings. Along with this came a better informed citizenry more interested in getting involved. In fact we have per capita more w~lunteer citizens involved in city government than any other city in the State of Oregon. Literally hundreds of citizens give u~,selfishly of their tim~~ and expertise to make Ashland a better [¢ ] ace to 1 ire. I cannot say enough good about the dedicated staff that works for the city. From the Administrator down, Ashland has ~ndividuals who give their all for the city. This was never more apparent than during the recent cold snap where 3000 homes were without power and many of those and others without water or heat of any sort. The City crews worked around the clock turning water off and on, sanding the streets, working in sub zero we, ather on the power substation, evacuating seniors from their }~omes and residences and fielding calls at all times of the day ~nd night. And when it was all done I heard one department head after another reflecting on what worked, what didn't, and how they would do things differently next time. We all benefit from th~s positive attitude. Finally, I must comment on how troubled I am when I rear the headlines in the paper preparing us mentally for a war that has been sold to us as inevitable. I understand that, as presented, we are ostensibly fighting for freedom and justice in the world. I suggest that it is something very different. With this war comes the guarantee of future oil reserves. This oil insures a lifestyle that we have grown quite .~ccustom to. It would be easy at this point to feel righteous that we in Ashland do not commute long hours to work as they do in other cities and because of this are neither a part of the problem nor a part of the solution. Fortunately our citizens and council understand that what we all do in this nation effects all <~f us and certainly the world. It will take a nation of people with redefined priorities, working together to make a difference. As I mentioned we are working hard toward transportation alternatives. Those include pedestrian amenities, bike paths and [~ublic transportation. Nationally these may be small efforts but ~{~gether we could change the world. The wars that are to follow this one, and perhaps forever mo~-e, will be centered around resources. I am pr6ud that the citizens of Ashland, the City Council and City Administration is !'ommitted to using our existing resources wisely: water, timber, roads, schools, electricity, air and our land fill.' P~rhaps our light will be passed to other communities until Lt lights the nation.