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HomeMy WebLinkAbout1990-0619 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL JUNE 19, 1990 ROLL CALL Mayor Catherine Golden called the meeting to order and led the Pledge of Allegiance at 7:34 P.M. on the above date in the Council Chambers. Donovan, Reid, Williams, Acklin, Winthrop, and Arnold were present. APPROVAL OF MINUTES Councilor Reid asked that the minutes of June 12, second paragraph on page two be amended to show that she was not present and did not take part in the vote on the open space funding measure and charter amendment. Winthrop asked that the June 5 minutes on page three, last paragraph second to the last sentence be amended to read as follows: "... street improvements, and a deed restriction be in place prohibiting future development." The minutes of the Executive Session of June 5 and the amended minutes of the Regular Meeting of June 5 and Adjourned Meeting of June 12 were approved. CONSENT AGENDA Acklin moved to approve the Consent Agenda items as follows: Minutes of Boards, Commissions and Committees; Departmental Reports - May 1990; Liquor license request from Laura & Laurence Shrewsbury, dba Shrew's House, 570 Siskiyou Blvd.; Liquor license request from Thomas McHugh & Bonnie Parr, dba Lucca's Delicatessen, 116 Lithia; and letter from Jim Jura, BPA Administrator, regarding endorsement of Valdez Principles. Donovan seconded and the motion carried on voice vote. PUBLIC HEARINGS Historic Signs - Planning Dir. Fregonese said the proposed amendment to the Sign Ordinance allows for preservation and/or restoration of historic signs, which must meet three criterion. Arnold feels criterion should be more specific regarding age of signs and Winthrop suggested 40 years. The public hearing was opened. George Kramer, 386 N. Laurel, spoke in favor of the amendment. Jim Ragland, 91 Gresham, spoke in opposition and said if the amendment is adopted an inventory should be taken first. Richard Ernst, 975 Walker, doesn't like neon signs. Joe Sayre, 625 Elkader, said to decide what is historic first. Henry Frances, owner of property here, likes the original sign code. The public hearing was closed. Fregonese said 40 years and older is appropriate, signs should be displayed in original location, and flashing signs eliminated. Reid said neon is an important feature of the Varsity Theater sign. Williams moved to direct staff to bring back an inventory of existing signs which are 40+ years old and incorporate Fregonese's recommendations. Reid seconded and the motion passed unanimously on roll call vote. Regular Meeting - Ashland City Council - June 19, 1990 - Page One Consent to Participate in Street Improvements - Fregonese read staff's proposed new Section 18.68.150 of the Land-use Ordinance and told of the Planning Commission's recommended changes. The public hearing was opened. Bob Blankholm, 202 Oak Lawn, is opposed. Jack Blackburn, 805 Oak St., is opposed to the wording concerning waiving rights to remonstrate, and Williams suggested adding language which would not waive property owners' rights to speak at public hearings. Craig Chesnut, 346 Iowa, expressed concern about potential costs of improvements. Willjams moved to accept the Planning Commissions' recommendations and add his suggested wording, Reid seconded and the motion passed unanimously on roll call vote. Transportation Plan Map - Fregonese said the proposed modification to the map provides for bikepaths on all collector and arterial streets. The public hearing was opened and there was no comment. Donovan moved to direct staff to bring back the implementing ordinance, Reid seconded and the motion passed unanimously on roll call vote. P.A. 89-156 - Comp. Plan Map Change & Zone Change - E. Main/Garfield - Fregonese said the Planning Commission recommended R-2 zoning, and CPAC recommended denial of the planning action. The public hearfng was opened. Larry Medinger, 520 Terrace, and a member of the Affordable Housing Committee, said a proposal will be brought forward for Council consideration for use of the parcel. The public hearing was closed. Winthrop moved to adopt P.A. 89-156 including the Planning Commission's condition that the parcel be earmarked for affordable housing. Reid seconded and the motion passed unanimously on roll call vote. Community Facilities Fund Grant Applications - City Admin. Almquist explained that the hearing was noticed in the Daily Tidings and the application from the Pacific Institute of Natural Sciences was the only one received. The public hearing was opened. Robert Scholl, P.I.N.S., told of the plans for the museum and donations which have been received. He requested that the City be the applicant for the grant monies. The public hearing was closed. Acklin moved to submit the application on behalf of P.I.N.S., Williams seconded and the motion passed unanimously on roll call vote. UNFINISHED BUSINESS Murphey vs. Ashland (Mahar) - City Attorney Salter explained that he entered into Mike Mahar's appeal to the Court of Appeals in order to uphold the actions of the City Council on the proposed project on Hersey Street. Fregonese said words likeI"livability'' are important in order to allow the Council to use discretion in planning action decisions. Reid is opposed to being part of the lawsuit. Mark Murphey, 492 Lynn St., said the criteria for livability should be more specific. He feels further annexation of E-1 lands will be difficult if the City is a party in the lawsuit, and said the Council should have received the LUBA decision in May when it was issued. Jack Blackburn agreed. Mara Mikalis, 394 E. Hersey, feels the City Council Regular Meeting - Ashland City Council - June 19, 1990 - Page Two Murphey vs. Ashland (Continued) is without conscience. Lisa Sebrell, 271 S. Mountain, is concerned about impacts of the project on school capacity. Bob Johnson, N. Mountain, is concerned about the safety of additional children on the busy area streets. Nikos Mikalis, 394 E. Hersey, asked that the Council withdraw from the lawsuit. On a question from Reid, Salter said Mahar's attorney has done most of the work on the case and the City's expense will be minimal. Winthrop feels City should withdraw. Acklin feels this action could impact the Council's decision on other C.U.P.'s. Arnold said "livability" gives flexibility for better decisions in all neighborhoods, and the integrity of the land use ordinance is what will be litigated. Donovan finds no fault in staff actions but is uncomfortable with joining in the lawsuit. Acklin agreed with Arnold. Winthrop moved to instruct the City Attorney to withdraw from the lawsuit. Reid seconded and the motion passed as follows on roll call vote: Arnold, Williams, and Acklin, NO; Donovan, Reid, and Winthrop, YES. Mayor Golden broke the tie with a YES vote. Williams left the meeting at 10:30 P.M. Request for Reduction of C.U.P. Fee - Halvorsen - Fregonese explained that staff prepare a breakdown of the actual costs to process the application, and the Planning Commission was involved because of the variance, so the fee would be $450.00 which is what the Halvorsens paid. Winthrop moved that the request be denied, Arnold seconded and the motion carried on voice vote. Street Scene - Golden asked for clarification of the City's alleged endorsement of the Street Scene project. Donovan explained that Council action had been to 1) allow use of the City's non-profit status for collecting donations, and 2) accept the gift of the sculpture. No further action taken. Acklin moved to continue the meeting for one-half hour, Arnold seconded, all AYES on voice vote. NEW & MISCELLANEOUS BUSINESS Request for Variance from Burn Ban Ordinance - Lew Wilford, Oak Knoll Meadows Homeowners Assoc., explained their request and said they have obtained a permit from the D.E.Q. to do the burning, but need Council approval. Fire Chief Lee Roy King said the Association has done everything he requested, burning should be done in morning hours, and the burning will not be allowed when the ventilation index is under 400. The ordinance allows the Fire Chief to make a decision on the request and Council requested that he do so. Parsons Pine Products Request - Golden asked that Code Enforcement Officer Dick Chambers report to Council on the progress of Parsons' Regular Meeting - Ashland City Council - June 19, 1990 - Page Three Parsons Pine Products (Continued) sound improvements each month. Arnold said he toured the plant and the proposed schedule submitted by Parsons Pine is realistic. He moved to amend the variance to change the compliance date from six months to July 30, 1991. Winthrop seconded and the motion carried on voice vote. Rogue Valley Fair Share Request - Susan Binder, R.V. Fair Share, asked that Council write a letter of endorsement for the Rogue Valley Community Development Corporation for inclusion with their application to the Oregon Housing Agency for start-up funding. Arnold moved to approve the request, Donovan seconded and the motion carried on voice vote. R.V.T.D. Endorsement - A letter was received from SO-REDI requesting a resolution endorsing the RVTD transfer center as top priority for 1990 OEDP funding. Acklin is more comfortable with a letter expressing Council's support of the center, and Golden agreed to write the letter. Indexing Hotel/Motel and Bus. License Taxes - Acklin said doubling the base fee on the business license tax is regressive and she would like to find a way to make the tax more equitable for small establishments. Almquist will bring a proposal to the meeting on the 26th on open space funding. Arnold moved to extend the meeting one-half hour, Acklin seconded and the motion carried on voice vote. Recycling Task Force Request - Donovan explained that the recycling center is a success but more education is needed on how and what to recycle. The request is for the City to provide one-half the cost of providing a worker at the depot for six months, the other half to be paid by Ashland Sanitary Service. Golden said the Job Council may be able to provide a worker. Acklin moved to proceed after staff consults with the Job Council and Reid seconded. Arnold said future expenditures for the recycling center need to be dealt with in the budget. The motion carried on voice vote. councilor Reid left the meeting at this point. PUBLIC FORUM Rudy Wertepny, owner of Papa D's Restaurant on Ashland Street, told of a problem with gas and diesel fuel fumes invading his establishment due to removal of tanks at the former gas station site at Ashland St. and Siskiyou Blvd. Almquist reported that officials from D.E.Q. said the fumes should be gone by the evening of June 20th. Staff was requested to research the City's jurisdiction in this case. No further action taken by Council. Regular Meeting - Ashland City Council - June 19, 1990 - Page Four ORDINANCES, RESOLUTIONS & CONTRACTS Liquor License Review - Second reading by title only of an ordinance amending Chapter 6.32 of the Ashland Municipal Code relative to liquor license review. Acklin moved to adopt same, Winthrop seconded and the motion passed unanimously on roll call vote. (Ord. #2581) Ashland Sanitary Svc. Franchise - Second reading by title only of an ordinance granting a franchise to Ashland Sanitary Service Co. Winthrop moved to adopt same, Donovan seconded and the motion passed unanimously on roll call vote. (Ord. #2582) Amend Land-use Title re: Procedures - Second reading by title only of an ordinance amending Chapter 18.108 of the Land Use Title pertaining to procedures. Donovan moved to adopt same, Arnold seconded and the motion passed unanimously on roll call vote. (Ord. #2583) Levy Property Taxes - Second reading by title only of an ordinance levying property taxes for fiscal year 1990-91. Winthrop moved to adopt same, Acklin seconded, all YES on roll call vote. (Ord. #2584) Ordinance Amendment re: Taxicabs - First reading of an ordinance amending the Municipal Code relative to taxicabs. Arnold moved to second reading, Acklin seconded and the motion passed unanimously on roll call vote. Tour Buses and Special Vehicle Permits - A resolution was read amending Resolution No. 86-22 relating to tour buses and special vehicle permits. Arnold moved to adopt same, Acklin seconded, all YES on roll call vote. (Reso. #90-31) Calle Guanajuato - Alcoholic Beverages - First reading of an ordinance placing conditions on the consumption of alcoholic beverages on Calle Guanajuato. Donovan moved to second reading, Acklin seconded and the motion passed unanimously on roll call vote. Overnight Parking at Clay Street Park - postponed until next meeting. Set Public Hearing - Orange Ave. L.I.D. - A resolution was read setting a public hearing on the proposed improvement of Orange Ave., between Helman and Laurel Streets, for July 3, 1990. Arnold moved to adopt same, Donovan seconded and the motion passed unanimously on roll call vote. (Reso. #90-32) Transfer of Appropriations - A resolution was read transferring and increasing appropriations within the 1989-90 budget. Acklin moved to adopt same, Winthrop seconded and the motion passed unanimously on roll call vote. (Reso. #90-33) Regular Meeting - Ashland City Council - June 19, 1990 - Page Five Authorizing Funds & Accounting Methods - A resolution was read authorizing funds and accounting methods to be used in the financial management of the City for the 1990-91 fiscal year. Arnold moved to adopt same, Winthrop seconded, all YES on roll call vote. (Reso. #90- 34) Set Public Hearing - Vacation of Easement - Acklin moved to set a public hearing on a proposed vacation of an easement for a dam and pipeline near Helman and Central for July 3, 1990. Arnold seconded the motion which carried on voice vote. S.O.S.C. Agreement - Arnold moved to approve an agreement with Southern Oregon State College concerning in-lieu payments for street maintenance in the campus area. Donovan seconded the motion which carried on voice vote. OTHER BUSINESS FROM COUNCIL MEMBERS - Mayor Golden told of the R.V.C.O.G.'s offer to paint little blue fish on storm drains to remind people to not dump oil, etc. in them. It was agreed that this was a good idea. City Admin. Almquist reminded Council of the study session with Jackson County Fire District No. 5 on Tuesday, June 26th at 7:00 P.M. in the Council Chambers. ADJOURNMENT - The meeting adjourned at 12:00 Midnight to June 26, 1990 at 8:00 P.M. in the Council Chambers. Nan E. Franklin City Recorder Catherine M. Golden Mayor Regular Meeting - Ashland City Council - June 19, 1990 - Page Six