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HomeMy WebLinkAbout1990-0220 REG MINMINUTES.OF THE REGULKR HEETING ASHLKND CITY COUNCIL FEBRUARY 20, 1990 PLEDGE OF ALLEGIANCE Mayor Catherine Golden led the Pledge of Allegiance and called the meeting to order at 7:30 P.M. on the above date in the Council Chambers. Donovan, Reid, Williams, Acklin, Winthrop and Arnold were present. Mayor Golden welcomed the citizens of Ashland to the first cablecasting of a City Council meeting. APPROVAL OF MINUTE8 Councilor Williams noted that the applicant's name under UNFINISHED BUSINESS on page one should be Williamson not Williams. The minutes of the regular meeting of February 6, 1990 were approved as amended. CONSENT AGENDA Councilor Winthrop asked that item three, Request by City Administrator to donate old Rescue 9 ambulance to the City of Guanajuato, Mexico, be pulled for discussion. Donovan moved to approve the remaining items as follows: Minutes of Boards, Commissions & Committees; Liquor license application by R. and S. Armantrout, dba Rebel,s French Country Restaurant, 29 N. Main Street (Class C license and change of ownership); Request by Mayor Golden for confirmation of Dr. Bruce Johnson's appointment to Hospital Board; and Departmental Reports - January 1990. Reid seconded the motion which passed unanimously on voice vote. On a question from Winthrop, City Administrator Almquist said the Rescue 9 ambulance was donated to the City years ago, and the City of Guanajuato has 80,000 people and no ambulance. Donovan moved to approve the request, Acklin seconded and the motion carried on voice vote. SPECIAL PRESENTATIONS Police Department Employees of the Year - 1989. Police Chief Vic Lively explained that the employees of the year are chosen by their peers and the administrative staff of the department. Linda Kiernan received a plaque for employee of the year; A1 Mireles for Dispatcher of the Year (he is now a police officer); and Janet Chilcote was voted Officer of the Year. PUBLIC HEARING Appeal of P.A. 89-223 (James Foster, Applicant) Planning Director Fregonese noted that the record is contained in the packet and gave a history of the project. The applicant's request is Regular Meeting - Ashland City Council - February 20, 1990 - P. i Appeal of P,A, 89-223 (Continued) for a variance to allow a two story structure (living space above garage) 10' instead of the required 20' from the property line at 146 Manzanita Street. The Planning Commission denied the request. The Mayor and Councilors made site visits and Williams, Winthrop, Donovan, Reid, Acklin and Golden declared ex-parte' contacts. Joyce Ward, architect for the project, feels the four criteria for approval of the variance were met, and said the neighbors don't object and granting the variance won't change the outside appearance of the building. Jim Foster, 144 Nutley, and owner of the property, said he was anxious to get the loft built and should not have had framing done without a permit. Tom Foster, 147 Nutley, said no adjacent property owners object and the variance should be granted. Lyle Matoush, 253 Almond St., said the neighborhood will be impacted and the variance should be denied. There was not further testimony from the audience and the public hearing was closed. Reid said allowing the variance won't have a negative impact on the neighborhood and it should be granted. Winthrop said the criteria were not met and the request should be denied. Arnold said the Planning Commission's denial was correct, but there is little opposition from the neighbors, the building will look the same and he will vote to uphold the appeal. Williams said the Fosters were misled and the Planning Dir. said the definition of a story will be reviewed, so he will vote to uphold the appeal. Acklin said the burden of proof was not met and Fosters should pay double fees for violation of the building permit. Reid moved to uphold the appeal and include the Planning Department's recommended condition that the applicants sign agreement for the studio/garage, agreeing to not use the studio as a dwelling unit, and that no kitchen facilities be installed. Williams seconded the motion which passed on roll call vote as follows: Donovan, Reid, Williams, and Arnold, YES; Acklin and Winthrop; NO. Arnold moved to request that staff work with the applicant to prepare findings and Donovan seconded. The motion passed on roll call vote as follows: Donovan, Reid, Williams, and Arnold, YES; Acklin and Winthrop, NO. UNFINISHED BUSINESS R.V.T.D. Levy Endorsement - A resolution was read endorsing a proposed one-year levy by the Rogue Valley Transit District for construction of a transfer center on Front Street in Medford. Arnold moved to adopt same, Winthrop seconded the motion which passed unanimously on roll call vote. (Reso. #90-04) NEW & MISCELLANEOUS BUSINESS 1990 Water Supply Report - Public Works Dir. Hall explained that the lack of water resulted in a decision to not sluice the reservoir this year. He showed a chart comparing snow depth with water equivalent, and said mandatory rationing may be required as early as March or Ashland City Council - Regular Meeting - February 20, 1990 - P. 2 1990 Water Supply Report - (Continued) April if conditions don't change. Winthrop noted several large projects proposed for construction in the near future and recommended a study session to look at growth projections and implementation of conservation measures. Hall said a second source of water should be considered in the near future. Fire Facilities Planninq - City Admin. Almquist requested authorization to expend $5,000 for a preliminary study of future fire facilities using local architect Gary Afseth. He suggested a committee be formed, to review the alternatives and costs, to be comprised of the following individuals: Ken Mickelsen, Parks & Rec. Director; Lee Roy King, Fire Chief; Tony Nunes, Fire Union President; and Brian Almquist, City Admin. Williams moved to approve the request and Reid seconded the motion. Arnold doesn't feel a decision on fire facility location should be rushed. Acklin said the site at Garfield and E. Main was originally acquired for park purposes and the area is becoming more dense. The motion passed unanimously on voice vote. Joint Study Session - A letter was received from the Parks Commission requesting a joint study session with the City Council to discuss the open space park program. Arnold said proposals will be heard at the March 6 Council meeting and discussion prior to that meeting is not necessary. Donovan agreed. Reid said pay-as-you-go is a good concept and information should be made available to the public prior to the public hearing. Winthrop would like to resolve the charter amendment language regarding administration of the program. Acklin suggested that the Parks Commission review and comment on Winthrop's proposed charter amendment language. There was no consensus on holding a study session. City Attorney Salter said a bond issue election should be held after voter approval of the program. PUBLIC FORUM Ken Gosling, 777 Jaquelyn Street, expressed concern about fences around residential swimming pools. Arnold requested that staff prepare a draft ordinance for Council consideration. There being no further comment from the audience, the public forum was closed. ORDINANCES, RESOLUTIONS & CONTRACTS Tree and Stump Removal - Second reading by title only regarding the improper removal of trees and stumps. Donovan moved to adopt same, Acklin seconded and the motion passed unanimously on roll call vote. (Ord. #2564) Classification Plan - First reading of an ordinance amending the Classification Plan for the City of Ashland. Arnold moved to second reading, Reid seconded and the motion passed unanimously on roll call vote. Regular Meeting - Ashland City Council - February 20, 1990 - P. 3 Children Confined in Vehicles - First reading of an ordinance amending the Municipal Code with respect to children confined in vehicles. Williams feels the wording is too strict, and Arnold would like wording in Section 3 to reflect the City's responsibility to pay for damage to a vehicle in the event an officer misjudges the situation and causes said damage. Acklin asked that an ordinance be prepared which addresses the above concerns. Private Marking of Streets - First reading of an ordinance concerning the private marking of public streets and related facilities. Arnold moved to second reading, Winthrop seconded and the motion passed unanimously on roll call vote. Paradise Lane Annexation - First reading of an ordinance dispensing with an election and setting a public hearing for March 20, 1990. Acklin moved to second reading, Arnold seconded and the motion passed unanimously on roll call vote. Attorney Salter said he had business dealings with the property owner, and suggested another attorney speak on this issue if necessary. Special Election on Swimming Pool Tax Levv and New City Tax Base - Almquist noted that the Resolution provides for one ballot measure which combines the existing police and fire EMT serial levies, and the estimated 1991-92 tax base to a new city tax base of $855,800. The second ballot measure provides for a five-year swimming pool and recreation facility maintenance tax levy. The recreation and fire levies expire on June 30. Acklin said the recreation levy should be included in the city tax base in the future to ensure continued operation of the program. The Resolution was read and Acklin moved to approve same. Arnold seconded and the motion passed unanimously on roll call vote. (Reso. #90-05) Earth Day 1990 - This item was postponed until the end of March. OTHER BUSINESS FROM COUNCIL MEMBERS Reid reported on a meeting with Parks Commissioners concerning fire danger in upper Lithia Park and requested that a copy of the open burning ordinance be sent to the U.S. Forest Service. Acklin asked about requiring property owners to removed dead and dying trees and vegetation in the forest interface areas. Mayor Golden turned the meeting over to Council Chair Acklin. Acklin then asked Council if a special meeting should be held for a public hearing on open space funding. Arnold moved to hold a special meeting on March 13th, Williams seconded the motion which carried on voice vote. Arnold said he would forward the Chamber of Commerce's recommendations to the Council. He was commended for his efforts in working with them on this issue. ADJOURNMENT The meeting adjourned at 10:20 P.M. Nan E. Ff~nkl in City Recorder Catherine M. Golden Mayor Regular Meeting - Ashland City Council - February 20, 1990 - P. 4