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HomeMy WebLinkAbout1990-0605 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL JUNE 5, 1990 ROLL CALL Mayor Catherine Golden called the meeting to order and led the Pledge of Allegiance at 7:35 P.M. on the above date in the Council Chambers. Donovan, Reid, Acklin, Winthrop, and Arnold were present. Williams was absent. APPROVAL OF MINUTES The minutes of the Regular Meeting of May 15, 1990 were approved as presented. SPECIAL PRESENTATIONS & AWARDS Public Works Director Steve Hall introduced Helman Elementary School Teacher Kathy Mack whose students did a survey of 2nd-5th grade students regarding routes used to walk and bike to school. Third and fourth grade students Angela Johnson, Tom Stinson, Lauren Fisher, and Carol Dundas, explained the results of their survey. Councilor Reid thanked the students for their recommendations, as did Mayor Golden. Tom Stinson pointed out a dangerous corner at the intersection of Willow and Randy Streets where a fence is causing a vision clearance problem. CONSENT AGENDA Donovan moved to approve the Consent Agenda items as follows: Liquor license applications from Great American Pizza Co., I1 Giardino, and Ashland Racquet Club; Agreement for transfer of jurisdiction of Ashland Mine Road from Jackson County; Appointment of Thomas Howset as Municipal Judge Pro-tem for July 1990, Mayor,s appointment of John Yeamans to CPAC; Minutes of boards, commissions and committees; Monthly departmental reports; and Water supply status report for period ending April 30, 1990. Winthrop seconded the motion which passed on voice vote. PUBLIC HEARINGS ApDeal of P.A. 89-149, CUP for Elizabethan Bowl - OSFA (Thormahlen) - Mayor Golden read a statement from the Oregon Revised Statutes concerning requirements for appealing land-use decisions to L.U.B.A. Planning Dir. Fregonese said the Planning Commission approved the application as did the Historic Commission. A letter from the State Historic Preservation Office was read into the record which stated their determination of "no adverse effects" as opposed to a previous determination of "no effect" due to the visual impact of the proposed construction on that portLion of the historic district. Staff Regular Meeting - Ashland City Council - June 6, 1990 - Page One Appeal of P.A. 89-149 (Continued) requested an additional condition concerning evidence of review of the application by the Federal Advisory Committee on Historic Preservation. Winthrop declared ex-parte contacts with Phil & Sharon Thormahlen, the appellants, and with Paul Nicholson, OSFA. Reid discussed the issue with members of the community. Sharon Thormahlen read her letter of appeal dated 4-24-90 and said they are not asking that the C.U.P. be denied but conditions placed on it concerning noise and hours for certain activities. On a question from Winthrop regarding the site review, Thormahlen said she does not think the proposed structure is attractive. Golden asked if Thormahlen would drop the appeal if the City rezoned her property and the Windsor Arms property to C-l-D, and Thormahlen said yes. John Hassen, attorney for the applicant, said the seating and floor need repairs, the improvements will enhance the enjoyment of the performances, and will not increase seating capacity or traffic. He also said the pavilion will reduce outside noise and there are no plans to increase the number of performances or place liens on city property. Hassen requested that artist renderings presented to Council be included in the record. Craig Stone, Consulting Urban Planner, amended the second sentence of page seven of the record as follows: "The above cited setback requirements apply only to ..."; and said the primary purpose of the project is to decrease noise levels coming into and going out of the theatre. The public hearing was opened. Richard Ernst, 975 Walker, expressed sympathy for the Thormahlens. There being no further comment from the audience, the public hearing was closed. On a question from Reid, Fregonese said the noise ordinance is not a land-use issue and a public nuisance cannot be grandfathered. Acklin moved to deny the appeal, uphold the Planning Commission's decision with the conditions of obtaining a building permit prior to commencement of construction; evidence of review by the Federal Advisory Committee on Historic Preservation; and Winthrop's recommended condition of compliance with noise standards when construction is completed. Winthrop seconded. Arnold said enforcement of the noise ordinance is not a condition of CUP approval and he will vote against the motion. Donovan agreed with Arnold. The motion passed on roll call vote as follows: Donovan and Arnold, NO; Reid, Acklin and Winthrop, YES. Proposed Strawberry Lane L.I.D. - Public Works Dir. Hall explained the proposed improvements and noted problem areas due to limited right-Of- way and topography. Agreements representing 56.5% of the property owners have been received and the estimated cost is approximately $67,000. Staff recommends using the front footage assessment method with possible modification for corner lots. Hall explained that the Planning Staff did an analysis of the moratorium area in which calculations were made for the number of possible lots and traffic generation. He then read Section 2 of the improvement ordinance included in the agenda packet concerning funding mechanisms for the construction of a 24-inch water main, 500,000 gallon reservoir to Regular Meeting - Ashland City Council - June 6, 1990 - Page Two Strawberry Lane L.I.D. (Continued) serve the NW area of the City, and a pump station. Winthrop reviewed the memo included in the packet concerning street standards and development densities. Arnold suggested postponing the hearing until the street width issue can be addressed. On a question from Donovan, Arnold said any changes in conditions relating to down-zoning and street improvements would go before C.P.A.C. and the Planning Commission first. The public hearing was opened. Reid moved to extend the hearing, Winthrop seconded and the motion passed on voice vote. Mike Broomfield, 220 Strawberry Lane, said if the road is paved to less than City standards it will be more dangerous. Harry Bartell, 365 Strawberry, does not feel the road should be used as a main entrance to any future development. Karen Darling owns property on Strawberry Lane and feels an LID should be formed for the whole street. She also doesn't feel paving should be required for 1-2 houses. Ron McElroy, 155 Strawberry, said residents of upper Strawberry use Scenic, not lower Strawberry. Ron Skog, owner of property on Strawberry, said the area was down-zoned ten years ago due to traffic studies and neighborhood meetings should be held to discuss any new proposals. Dan McLeary, 185 Granite, is against paving for safety reasons and feels a front footage method of assessment will be unfair. Christine Crawley, 124 Strawberry, spoke against paving. Lawrence Gastorf, 187 Strawberry, feels the cost of paving will be an unfair burden. There being no further comment from the audience, the public hearing was closed. Reid requested that the area neighbors be notified of C.P.A.C. meetings. Donovan asked that the side streets be figured into any proposals. Appeal of P.A. #90-008, M.L.P. Strawberry Lane (Sennett) - City Administrator Almquist said this will be affected by the Strawberry Lane L.I.D. and Council might want to postpone it. Doug Schmor, attorney for the applicants, said they do not want to delay the hearing. Mayor Golden read the State Law concerning requirements for appealing land-use decisions to L.U.B.A. Schmor said they are appealing the condition that Strawberry be paved to the nearest developed street because the application was made prior to passage of the ordinance imposing this requirement. The applicants will sign in favor of future improvements. Reid and Winthrop made site visits. The public hearing was opened. Perry Prince, 235 Granite, supports the appeal. Madeline Hill, 66 Scenic, supports the appeal, as does Cindy Wilson. The public hearing was closed. Reid noted that the small apartment which exists on the property is affordable housing, and Winthrop said accessory apartments should be allowed through a Conditional Use Permit. Donovan moved to uphold the appeal, drop Planning Commission's condition #11, add a condition requiring the applicant to sign in favor of future street improvements, and a deed restriction be in place as a condition on future development.~ Winthrop seconded the motion which passed unanimously on roll call vote. Reqular Meeting - Ashland City Council - June 5, 1990 - Page Three Approval of 1990-91 Budget -.The public hearing was opened and there was no comment from the audience. The ordinance levying taxes for Fiscal Year 1990-91 was read. [inance Director Turner said the budget is in balance, and she explained how the increased assessed valuation of properties will affect property owner~s tax bills. Donovan moved the ordinance to second reading, Reid seconded and the motion passed unanimously on roll call vote. A resolution was read approving the budget and making appropriations for Fiscal Year 1990-91. Acklin moved to adopt same, Winthrop seconded and the motion passed unanimously on roll call vote. Reid was out of the room and did not vote. (Reso. #90-23) UNFINISHED BUSINESS Ashland Sanitary Service - 15 Year Franchise - An ordinance was read granting a 15-year franchise to Ashland Sanitary Service, Inc. Acklin moved to second reading and Reid seconded the motion. Arnold explained that the City is taking on the responsibility for ensuring proper closure of the landfill as a moral obligation. Lois Wenker, Ashland Sanitary Service, said they have had very few negative comments about the rate increases and noted that their new chipper should be here next week. Acklin told of concerns that people might dump garbage on forest lands because of the increased rates, and suggested asking the County Commissioners to increase fines for doing so. The motion passed unanimously on roll call vote. Ashland Sanitary Service - Rate Increase - A Resolution was read approving a rate increase for the sanitary service. Acklin moved to adopt same, Winthrop seconded and the motion passed unanimously on roll call vote. (Reso. #90-24) NEW & MISCELLANEOUS BUSINESS Street Scene Committee Request - Lloyd Haines, representing the committee, requested that the City accept the sculpture as a donation, continue to receive contributions, and maintain control of the expenditure of the funds. Arnold suggested keeping ethnic and racial diversity in mind for future art acquisitions. Acklin moved to continue the meeting, Donovan seconded and the motion passed on voice vote. Moreland Smith, member of the Downtown Plan Advisory Committee, said the sculpture will be higher than the model. Winthrop feels the sculpture should not dominate the Black Swan Plaza. Acklin noted that not everyone will agree where art is concerned, and moved to authorize the City Administrator to sign a letter-form agreement between the parties. Reid seconded the motion which passed on voice vote. A Resolution was read accepting sponsorship of the sculpture and authorizing the Committee to apply for public and private grants and donations for the project. Arnold moved to approve same, Donovan seconded and the motion passed unanimously on roll call vote. (Reso. #90-25) Regular Meeting - Ashland City Council - June 5, 1990 - Page Four Set Public Hearing - P.I.N.S. Communitv Facilities Grant - A letter was received from Robert Scholl, Pacific Institute of Natural Sciences, requesting a public hearing on June 19th concerning City sponsorship of an application for a Community Facilities Grant (lottery funds). Winthrop moved to set the public hearing for that date, Arnold seconded and the motion passed unanimously on voice vote. Winthrop asked that other agencies be notified of the hearing. PUBLIC FORUM: No comment. ORDINANCES, RESOLUTIONS & CONTRACTS: B.P.A. Weatherization Contract - A resolution was read approving a weatherization contract with Bonneville Power Administration. Donovan moved to adopt same, Reid seconded and the motion passed unanimously on roll call vote. (Reso. #90-27) Canvass of the Vote - A resolution was read declaring the Canvass of the Vote on the election held on May 15, 1990. Acklin move~ to adopt same and the Mayor's Proclamation declaring the results of the election, Reid seconded and the motion passed unanimously on roll call vote. (Reso. #90-26) ADJOURNMENT: The meeting adjourned at 12:00 midnight to an adjourned meeting on June 12th at 7:00 P.M. Nan E. Franklin City Recorder Catherine M. Golden Mayor Regular Meeting - Ashland City Council - June 5, 1990 - Page Five