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HomeMy WebLinkAbout1990-0904 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL SEPTEMBER 4, 1990 CALL TO ORDER 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. Laws, Reid, Williams, Acklin, Winthrop and Arnold were present. APPROVAL OF MINUTES The minutes of the Regular Meeting of August 21, 1990 were accepted as presented. MOMENT OF SILENCE A moment of silence was held in memory of Ramelle Medaris, wife of 55 years of Former Mayor Gordon Medaris. SPECIAL PRESENTATIONS & AWARDS Proclamations: Organically Grown in Oregon Week, September 10-16, 1990; and Clean Air Week, September 9-15, 1990. CONSENT AGENDA Councilor Williams requested that item 5) Confirmation of Mayor's Appointment of Council/Park Commission joint committee to review Open Space funding options be pulled for discussion. Winthrop moved to approve the remainder of the Consent Agenda, those items being: 1) Minutes of Boards, Commissions and Committees; 2) Authorization for Parks & Recreation Commission to establish a separate sub-account for PERS reporting purposes; 3) Confirmation of Mayor's appointment of Dennis Black as Pro-tem Judge; 4) Set date for public hearing on bikeway study for Thursday, October 11, 1990 at 7:30 P.M.; and 6) Request for Attorney General's opinion regarding legality of legislation pre-empting the adoption of Real Property Transfer taxes. Williams seconded the motion which carried on voice vote. Williams will not be able to actively serve on the Open Space funding committee until after Christmas. After a short discussion, Winthrop agreed to serve. Laws moved to approve this item, Williams seconded, all AYES on voice vote. PUBLIC HEARINGS Appeal of P.A. No. 90-057, Subdivision on Granite at Pioneer - Planning Dir. John Fregonese gave the staff report and said the proposed project is on a long, narrow strip of approximately 20 acres, the Planning Commission approved the five units and the project meets all City requirements. Arnold questioned the first three items in the Regular Meeting - Ashland City Council - September 4, 1990 - P. 1 Appeal of P.A. 90-057 (Continued) letter of appeal and Fregonese responded by saying the cul-de-sac is less than 500' in length; the street grades do not exceed 18%; and the building envelopes do not have slopes greater than 40%. On a question from Reid, Public Works Dir. Hall said the Granite Street water line is more than adequate for the area and proposed subdivision. Fregonese read conditions for appealing to LUBA and the ordinance criteria. Reid, Williams, and Winthrop made site visits and Reid spoke with neighbors. The public hearing was opened. Carl Oates, 351 Granite, appellant, asked that all issue papers read on behalf of the appellants be made a part of the record and copies were received and placed on file. Issue Paper #I stated that the cul-de-sac is 560' long and requires a variance. Issue Paper #IV discusses neighborhood compatibility including the Lithia Park viewshed and animal life. Oates also submitted a petition with 79 signatures concerning the impact of the development on Lithia Park. Dennis Friend, 355 Granite, read Issue Paper #II concerning the street grade. Brad Lavine, 381 Granite, read issue paper #V which suggested an alternative including three lots with one house per lot and one private drive which would not be maintained by the City. John Sully, 365 Granite, read issue paper #III dealing with slope percentages in the building envelopes, and then read the summation of the appeal. Diane Seitz, Alaska, is the property owner and said her family would like to make their home here, they have agreed to reduce the number of lots from six or seven to five, agreed to a larger setback for lot #5, a 10 ft. easement for irrigation ditch maintenance, and 13.3 acres for open space. She also said none of the building envelopes lie within 100' of Lithia Park. She asked that the project stand as approved by the Planning Commission. Dale Hofer, 735 Glenwood, engineer for the project said the road is 494.92 ft. long, the road grade is 18% for 200 ft., and the building envelope slopes are less than 40%. Acklin moved to extend the public hearing to allow for an intermission to celebrate City Administrator Almquist's twenty-year tenure with the City of Ashland. Winthrop seconded and the motion carried on voice vote. The public hearing resumed and Virginia Cotton, 780 S. Mountain, feels a City street is not necessary. Cynthia Lord, 710 N. Mountain, expressed concern that the land-use ordinance does not provide sufficient protection from erosion. Diane Seitz said the Lithia Park issue was decided when the property was re-zoned in 1984. There being no further comment from the audience, the public hearing was closed. Winthrop said the appellants' arguments were appropriately rebutted, the applicants were generous in their concessions, and moved to deny the appeal and adopt the Planning Commission's Findings. Williams seconded the motion. Arnold said the project is not compatible with the neighborhood. On a question from Acklin, Public Works Dir. Hall said the Engineering staff does not usually check grades on streets, but Council can so request. Acklin asked that the grades be checked by the City Engineering Staff and the cost passed on to the developer. Regular Meeting - Ashland City Council - September 4, 1990 - P. 2 Appeal P.A. 90-057 (Continued) Winthrop and Williams agreed to include this recommendation in the motion. Williams agreed with the grade check when grades are close to the 18%, and does not think the project will be detrimental to Lithia Park. Laws feels the decision is close and will uphold the Planning Commission decision. The motion passed on roll call vote as follows: Laws, Williams, Acklin and Winthrop, YES; Reid and Arnold, NO. Paradise Lane/Peachey Rd. Proposed Sanitary Sewer L.I.D. - City Admin. Almquist reported that the cost per lot would be $1860, not $2455.20 as originally computed. Public Works Dir. Hall said approval by petition is over 90% and the only lot not signed in favor of the improvements is owned by the Archdiocese of Seattle. On a question from Reid concerning tax lot 800, Hall said owners Wayne & Judy Paulsen, 1590 Peachey, are hooking up to the Walker Avenue sewer. Don Rist, 310 Bridge, spoke for property owner David Barrett who is in favor of the L.I.D. and expressed appreciation to City staff for their efforts. There being no further comment from the audience, the public hearing was closed. The ordinance establishing the local improvement district was read and Acklin moved to second reading. Arnold seconded and the motion passed unanimously on roll call vote. UNFINISHED BUSINESS Secure Storaqe Annexation - Approval of Findinqs - After a brief discussion, Laws moved to take the item off the table and continue to the next meeting, and Williams seconded. Bob Sullivan, 525 Sheridan St., said the rules were followed throughout the process and asked for reconsideration of the annexation. The motion passed on voice vote with Arnold dissenting. Historic Sign Inventory Review - Councilor Reid said Mary & Jim Ragland agree with the inventory. Susan Reynolds, Ashland Historic Commission, said exemptions should be allowed for architectural and historical significance, owners should bear the burden of proof, and item B(3) concerning association with an important event, person, etc. should be included. George Kramer, 386 N. Laurel, agreed with Reynolds and said the inventory was intended as a guideline. Georgia Carter is in the sign business and agrees with Kramer. Terry Skibby, 611 Beach, also said the burden of proof should be on the applicant, item B(3) should be included, and the 40-years of age condition should be flexible. Richard Ernst, 975 Walker, is against neon signs. Michael Yondorf, 275 Grandview Dr., co-owner of Omar's Restaurant, said Omar's is the oldest eating establishment in Ashland and he would like to keep the signs, even though the restaurant is being remodeled. John Schweiger, owner of Varsity Theater, said he wants to restore the building to its 1937 appearance, item B(3) should remain, and sign restoration is very costly. Reid moved to adopt the Historic Sign Ordinance, including item B(3), adding a condition that the owner bear the burden of proof, and the 40 years used as a guideline. Williams seconded. Winthrop said the 40-year benchmark is appropriate and Regular Meeting - Ashland City Council - September 4, 1990 - P. 3 Historic Sign Inventory (Continued) should not be changed to a guideline. Arnold suggested incorporating item B(3) in the overall requirements. Winthrop recommended adding a new item C(5) to place the burden of proof on the owner. Laws wants 40 years to remain firm, and agrees with Arnold on item B(3). Williams feels the 40 years should be used as a guideline. The amendments to Section 18.96.160 were read and the motion passed as follows on roll call vote: Laws, Acklin and Arnold, NO; Reid, Williams, and Winthrop, YES. Mayor Golden broke the tie with a YES vote. NEW & MISCELLANEOUS BUSINESS Council Liaison Assignments - Williams reviewed his memo requesting rotation of Council liaison assignments every two years to offer new perspectives to both the committees and the Councilors. Acklin said rotating the Hospital Board assignment may be a disservice to them because of the time necessary to learn their operations. Reid feels Williams suggestion is good, as does Winthrop. No further action taken. Arnold moved to extend the meeting, Winthrop seconded, all AYES on voice vote. Endorse Application - Regional Strategies Funds - Carole Wheeldon, Chair of the ad hoc Transportation Committee, asked that Council endorse the application for funds for a shuttle bus between Ashland and Jacksonville, and Ashland and Emigrant Lake. Winthrop said the double-decker bus is not the right approach, and efforts should be centered on facilitating transportation in Ashland. Carl Oates, 351 Granite, said the proposal is to buy 4 double-decker buses at $22,000/per bus, and the application is for $210,000 to serve two summers only. Reid said there are ways to encourage people to ride regular R.V.T.D. buses and she cannot support the double-decker. Ed Chapman, R.V.T.D. Board Member, asked for Council support of the request. Acklin said a letter could be written concerning the need for transportation facilitation, but not necessary in support of the double-decker bus, and Laws said the application has to be specific. Arnold moved to continue the meeting, Acklin seconded, all AYES on voice vote. Jim Sims, 269 B Street, spoke in favor and suggested a pilot project for a couple of summers. Bill White, a member of the Committee, spoke in support. Councilor Laws, staff liaison to the Committee, said the buses would attract riders including younger people, move large numbers of people while helping with the traffic and air pollution concerns. Williams moved to endorse the recommendation and Laws seconded. Arnold said aesthetics are important in Ashland, and expressed appreciation for the Committee's efforts, as did Winthrop and Acklin earlier in the discussion. The motion failed as follows on roll call vote: Laws and Williams, YES; Reid, Acklin, Winthrop, and Arnold, NO. Regular Meeting - Ashland City Council - September 4, 1990 - P. 4 T.S.C. Recommendations Re: Downtown Parking District - This item was postponed until October 2, 1990. Willjams requested that Councilors receive a map of the District. ORDINANCES, RESOLUTIONS & CONTRACTS Air 0uality Opacity Standards - A Resolution was read calling a special election for November 6, 1990 concerning an ordinance establishing opacity standards for woodstoves and residential fuel burning devices. Reid moved to adopt same, Williams seconded and the motion passed unanimously on roll call vote. (Reso. 90-44) L.I.D. Nos. 62 & 63 - A Resolution was read directing that notices of proposed assessments be sent to the owners of property in said districts and setting a public hearing to consider objections for September 11 at 7:30 P.M. in the Hunter Park Building. Arnold moved to adopt same, Reid seconded, all YES on roll call vote. (Reso. 90- 45) Historic Sign Ordinance Amendments - An Ordinance was read amending the Historic Sign Ordinance. Reid moved to second reading and Williams seconded. It was after 12:00 Midnight and Laws, Acklin, Winthrop, and Arnold refused to vote. OTHER BUSINESS FROM COUNCIL MEMBERS - None. ADJOURNMENT The meeting adjourned 12:04 P.M. and the Council heard from Butch Foster who asked that the streets be closed for Halloween this year. John Schweiger applauded Council's decision to not do so. Nan E. ~ranklin City Recorder Catherine M. Golden Mayor Regular Meeting - Ashland City Council - September 4, 1990 - P. 5