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HomeMy WebLinkAbout1989-0207 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL FEBRUARY 7, 1989 PLEDGE OF ALLEGIANCE Mayor Catherine Golden led the Pledge of Allegiance and called the meeting to order at 7:30 on the above date in the Council Chambers. Donovan, Reid, Williams, Acklin, Winthrop and Arnold were present. APPROVAL OF MINUTES Reid asked that the words "phosphate products" in the second paragraph on page five be changed to "polystyrene foam products" Acklin moved to approve the minutes of the regular meeting of January 17, 1989 as amended; Donovan seconded the motion which carried unanimously on voice vote. MAYOR'S PROCLAMATION A proclamation was read designating February as "American History Month". PUBLIC HEARINGS ADpeal of P.A. #88-131 - Four Lot Subd. on Loop Rd. (Royce) (Continued) John Hassen, attorney for applicant Dean Royce, and Gary Peterson, attorney for the appellants, told Council of a tentative agreement between the parties for the improvement of Terrace Street and requested that the appeal be continued for two weeks. Arnold expressed concern about the appeal being dismissed, and feels Council should be involved in the development of that part of town. Winthrop questioned the feasibility of building the road and the cost of retaining walls. He feels the improvements should be built to proper standards. After a discussion concerning Winthrop's suggestion that Council appeal the Lewis development in the event the current appeal is dropped, Acklin made a motion that the minutes reflect that Council will have an active role in the process of the paving and design of Terrace Street, working with the neighbors and applicant. Williams seconded the motion which passed unanimously on roll call vote. Williams moved to continue the public hearing for two weeks and extend the 120-day decision period. Reid seconded the motion which passed unanimously on roll call vote. Regular Meeting - Ashland City Council 2/7/89 P. 1 PUBLIC HEARINGS (Continued) Adoption of the Ashland Interim Heritage Landmarks List Planning Director Fregonese said the L.C.D.C. requires that cities identify and protect areas of historic interest, especially structures rated primary and secondary. The issues to be decided are which structures should be protected and how to alleviate hardships on property owners. The final list does not need to be completed until 1991, and some structures on the interim list should not be included. Kay Atwood, who was hired by the City to assist in the inventory process explained the evaluation system and said it is widely accepted. On a question from Arnold, Atwood said the Railroad District is the only area which has been completely inventoried. Terry Skibby, President of the Heritage Committee, said Downtown Ashland is comprised of old buildings which are important as a group. Jim Lewis, Chairman of the Historic Commission, said the interim list should be adopted now even though some structures should not be included on the Final List. On a question from Donovan, Lewis said there are some homes outside the Historic District which should be saved. The public hearing was opened. Jim Hibbert, 263 Oak St., asked that his properties located at 263 Oak, 532 Allison and 173 Oak be removed from the list. Edmund Dews, 470 Siskiyou Blvd., said he had not received notice of the public hearing. Ron Kelso, 220 Patrick Lane, feels the City should show cause for restrictions, not property owner. He asked that the public hearing be suspended and owners given a chance to respond to questions asked of Staff. John Schweiger, 445 r ' t is concerned with the process and feels property owners need more information. She read a letter from Don Rist asking that the list not be approved at this time. Jeanne Guthrie, a realtor, thinks the list should be voluntary. Charles Shuttle, 341 Ravenwood Place, bought and moved the Applegate House. He said it was rated excellent but the substructure had dry rot, and it is inappropriate to pass the ordinance at this time. Dennis Richey, 196 Central, spoke against more restrictions on property owners. Paul Willis, 625 S. Mountain, feels the list should be voluntary. Mrs. Shuttle, 341 Ravenwood, said the Applegate House was not liveable. Zelpha Hutton, 59 Sixth St., thinks older homes add charm to the community. Tom Kennedy, 424 N. Main St., said the cost of insurance needs to be considered. A1 Willstatter, 128 Central, feels there should be guidelines for building compatible structures in historic areas. Mark Turner, a realtor representing Rosario DeLa Torre who owns property at 243 Fourth St., said the structure there, rated in fair condition, is in marginal Regular Meeting - Ashland City Council 2/7/89 P. 2 PUBLIC HEARINGS (Continued) Interim Heritage Landmarks List condition. Ann Clouse, 70 Water St., spoke against the ordinance. Dom Provost, thinks inclusion on the list should be voluntary. Brent Thompson, 582 Allison, feels a demolition/moving ordinance is necessary for these structures and renovations/alterations will not be more restricted than they are now. Mike Balocca, attorney representing Ruth Weinman, 183 Gresham St., asked that her property be excluded. He also suggested the criteria be codified and each property considered in a semi-formal hearing. Carl Thomas, 348 N. Main St., is opposed to being on the list. Jim Fink, 235 Fifth St., would like the City to keep the property owners informed. Jime Matoush, 253 Almond, appreciates having her property on the list. She feels it protects her home and may increase property value. Richard Montgomery, 160 Church St., would like to see the criteria before decisions are made. Tom Foster, 147 Nutley St., speaking for himself and his son, 144 Nutley St., does not want to be on the list. Mrs. Foster said the list is an invasion of privacy and should be voluntary. There being no further comment from the audience, the public hearing was closed. Councilor Arnold said the list should be looked at in broad categories and feels Council should proceed with adoption of the list. Donovan applauded the work already done but feels there is no emergency, and more time and information is necessary in order to make a decision. Winthrop would like to see the moratorium extended, the list returned to Council with compatibles identified, and the basis for determination of the scoring. Acklin thinks the moratorium should be extended for a short period of time, the criteria should make a distinction between secondary and compatible structures, it should be made clear that this will not require a deed restriction, and concerns about other buildings on the property should be addressed. She feels the ordinance needs work, and Council should proceed if it is in the best interest of the community to do so. Reid moved to extend the moratorium for 120 days (until June 7, 1989) and Acklin seconded the motion. The ordinance extending the moratorium was read and the motion passed unanimously on roll call vote. Arnold moved to extend the meeting another 30 minutes; Williams seconded the motion which passed unanimously on voice vote. Winthrop moved to direct Staff to bring back a list of the compatible, primary and secondary structures, noting the property owners who wish to be excluded from the list, and benchmark properties used in scoring. Donovan seconded the motion which passed unanimously on roll call vote. Regular Meeting - Ashland City Council 2/7/89 P. 3 COMMUNICATION8, PETITIONS & REMONSTRANCES Liquor License - Rondo Lanes A liquor license request was received for a new outlet at Rondo Lanes, 1505 Siskiyou Blvd. Williams moved to approve, Arnold seconded the motion which passed unanimously on voice vote. UNFINISHED BUSINESS Mayor's Appointments Acklin moved to approve the Mayor's appointment of Harry Knight to the Audit Committee for a term ending 12-31-91. Williams seconded the motion. Mayor Golden reported calls she received on the Council's rejection of her appointment of Jack Nicholson to the Audit Committee. Donovan moved to approve the re-appointments of Pat Warner and Lorraine Whitten to the Historic Commission for terms ending 12-31-91. Winthrop seconded the motion which passed unanimously on voice vote. Winthrop moved to approve the re-appointment of A1 Behrsin to the Street Tree Commission for a term ending 12-31-91. Williams seconded the motion which passed unanimously on voice vote. NEW & MISCELLANEOUS BUSINESS Report from Energy Conservation Coordinator - 1988 Activity A memo was received from Dick Wanderscheid, Energy Conservation Coordinator, regarding residential building activity in 1988. City Administrator Almquist commended Wanderscheid and his staff for making Ashland's program the best in the region. The Mayor and City Council will send a letter to the Conservation Staff thanking them for their efforts. No other action necessary, for information only. Set Public Hearing - Downtown Off-Street Parking Utility Fee A request was received from Planning Director Fregonese to set a public hearing on March 7, 1989 at 7:30 P.M. on the Downtown Parking Utility Fee. All agreed. Authorize Land Purchase at Ashland Airport A request was received from Public Works Director Steve Hall for authorization to purchase land at the Ashland Airport for expansion of facilities and re-paving of the taxiway. A tentative agreement has been reached and signed by the property owners in the amount of $103,000.00. Arnold moved to authorize the Mayor and City Recorder to sign the appropriate documents, Donovan seconded the motion, which passed unanimously on roll call vote. Regular Meeting - Ashland City Council 2/7/89 P. 4 NEW & MISCELLANEOUS BUSINESS (Continued) Grant Offer for East Main Bikeway A resolution was read authorizing the Mayor and City Recorder to sign an agreement with the State of Oregon accepting a grant to construct a bikeway on East Main Street between California Street and the Southerly City limits. Williams moved to adopt the resolution, Donovan seconded the motion which passed unanimously on roll call vote. (Reso. #89-04) PUBLIC FORUM Marcia McNamara, 1007 Ashland St., expressed concern about wording in Section 15.10,060(B) of the Flood Damage Prevention Regulations. She feels the updated maps should have been submitted with the proposal. Also, in Section 15.10.060(E)(2) she thinks the words "liberally construed in favor of the governing body" should not be used in any other ordinances. City Admin. Almquist pointed out that the ordinance wording was supplied by FEMA. There being no further business from the audience, the public forum was closed. ORDINANCES, RESOLUTIONS & CONTRACTS Flood Damaqe Prevention Regulations Second reading by title only of an ordinance regarding Flood Damage Prevention Regulations. Arnold moved to adopt same, Acklin seconded the motion which passed on roll call vote as follows: Donovan, Reid, Acklin, Winthrop and Arnold, YES. Councilor Williams abstained. (Ord. #2491) Special Benefit Assessments - Downtown Improvements Second reading by title only of an ordinance levying special benefit assessments for Downtown Improvements. Arnold moved to adopt same, Winthrop seconded the motion which passed unanimously on roll call vote. (Ord. 2490) Donovan moved to extend the meeting another 30 minutes. Winthrop seconded the motion which passed on voice vote as follows: Donovan, Reid, Williams, Acklin and Winthrop, YES; Arnold, NO. Councilor Williams reported that the Rogue Fly Fisherman have offered their assistance to the City and Parks Department in building spawning beds in Ashland Creek. Councilor Winthrop expressed his appreciation to Michael Donovan for assisting in the recent Wine Festival. Regular Meeting - Ashland City Council 2/7/89 P. 5 OTHER BUSINESS FROM COUNCIL MEMBERS (Continued) Reid moved to put a discussion on the agenda concerning the City/Ashland Taxi litigation. Winthrop seconded the motion which passed unanimously on roll call vote. Golden presented background information, and City Attorney Salter said the taxi company has an exclusive right to do a taxi service in Ashland, and Cascade Tours is not a taxi service but a shuttle service and is not violating the ordinance. Almquist said the ordinance provides one taxi cab license for every 5,000 population and Ashland Taxi holds all three licenses. Peter Farrow, Cascade Tours, asked that Salter provide a concise statement on the City's position. Arnold said Salter already made the position sufficiently clear. Golden asked for an outside legal opinion on the Mayor's right to vote on the Budget Committee. She said there may also be one too many people on that committee. Reid suggested asking the League of Oregon Cities for assistance in researching State laws in this matter. Arnold moved to request City Attorney to provide an opinion concerning the Mayor having a vote on the Budget Committee and if there should be a change in the number of citizens serving. Williams seconded the motion which passed unanimously on roll call vote. Acklin moved to approve the minutes of the executive session of January 17, 1989. Winthrop seconded the motion which passed unanimously on voice vote. ADJOURNMENT The meeting adjourned at 12:00 Midnight. Nan E. ~ranklin City Recorder Mayor Regular Meeting - Ashland City Council 2/7/89 P. 6