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HomeMy WebLinkAbout1989-0321 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL MARCH 21, 1989 PLEDGE OF ALLEGIANCE Mayor Catherine Golden led the Pledge of Allegiance and called the meeting to order at 7:30 P.M. in the Civic Center Council Chambers. Donovan, Reid, Williams, Acklin and Arnold were present. APPROVAL OF MINUTES Donovan moved to approve the minutes of the Regular Meeting and Executive Session of March 7, 1989; Williams seconded the motion which passed unanimously on voice vote. PUBLIC HEARINGS: Continuation of Appeal - P.A. #88-131 (Royce) John Hassen, attorney for the applicant, said the parties have reached an agreement after much negotiation with the appellants and City staff. A condition of approval is that assessments for the improvements on Terrace Street be secured by the applicants; and not assessed to the abutting property owners. Consulting Engineers Dale Hofer and John Jensen, and City Staff agreed the street can be built in a manner satisfactory to the neighborhood. Gary Peterson, attorney for the Terrace St. Neighbors, said the Street Tree Commission's recommendations will be conditions of approval, along with Salter's wording concerning the Dir. of Public Works authorization to make reasonable engineering judgement should unforeseen problems arise. All streets in Park Estates III subdivision will be paid for by the developer. Arnold thanked the parties for coming to an agreement on the proposed project. He then moved to approve the project with the conditions indicated, and request Staff to bring back the implementing ordinance. Reid seconded the motion which passed unanimously on roll call vote. Appeal of P.A. #89-012 - 6 Lot Subdivision on Wrights Creek Dr. John McLaughlin, Associate Planner, reviewed the proposed project and noted the Planning Commission unanimously approved same on February 8, 1989 with 16 conditions included in the Findings, Conclusions and Orders. A letter of appeal was received from Bernard & Irene Cunningham, 545 Wrights Crk. Dr., et.al., concerning proposed access over an earth-fill culvert, impact on riparian lands, and density. Public Works Director Hall prefers a culvert be installed. He said bridges are more expensive to maintain, icy in winter and cause less resistance to moving materials than do bridges. McLaughlin said the culvert will be designed by an engineer. Regular Meeting - Ashland City Council - 3/21/89 P. 1 Appeal of P.A. No. 89-012, Wrights Creek Dr. (Continued) The public hearing was opened. Donovan declared ex-parte contacts with both sides. Williams, Reid and Acklin visited the site. Golden visited the site andrspoke with Bernard Cunningham, appellant. Steve Morjig, 610 Chestnut, recently purchased the property. He told of his plans to landscape the area to minimize visual impact. John Jensen, Consulting Engineer, 1237 N. Riverside, Medford, explained how the culvert will be designed. He said it will be 36" or larger, designed for a 100-year flood. Jim Eggleston, 342 Wrights Creek Dr., expressed concern with debris building up in the creek and the culvert failing. Beverly Spjut, 705 Grandview Drive, is concerned with her solar access being impaired, culvert failure, and density. Irene Cunningham feels the Planning Commission should be more sensitive to property owner's rights. Roger McKenna, developer of the property, praised city staff for their thoroughness. He said the culvert will be designed with a dip for a spillway in the event of flooding and that solar concerns are addressed in the Solar Ordinance. A discussion was held about access through a back property. Hall said there is no easement for a road through that property. On a question from Williams, Hall said a pipe arch bridge is feasible but they have a shorter life span. There being no further comment from the audience, the public hearing was closed. A discussion was held about a pipe arch culvert. Reid expressed concern about the value of the creek, and the fact that the land was partitioned leaving the creek as the only access point. Acklin moved to deny the appeal, re-affirm the condition of designing the culvert to 100-year flood standards; that the fill contain informal access for pedestrians; that covenants be placed on lots one and two to insure maintenance of the vegetation; that solar access requirements are met and no variances permitted; and adoption of the Planning Commission's Findings, Conclusions and Orders. Arnold seconded the motion which passed on roll call vote as follows: Williams, Acklin, Arnold and Donovan, YES; Reid, NO. COMMUNICATIONS, PETITIONS & REMONSTRANCES: Set Public Hearinq - Croman Annexation on Mistletoe Road Ordinance setting public hearing later on agenda. UNFINISHED BUSINESS: Request to Transfer Taxicab Certificates - Craig Hollinsworth A memo was read from Councilors Acklin and Donovan and City Admin. Almquist recommending adoption of a resolution approving the transfer of taxicab certificates to Craig Hollinsworth. Acklin noted that a Regular Meeting - Ashland City Council - 3/21/89 P. 2 Taxicab Certificate Transfer (Continued) satisfactory background investigation report was received from the Chief of Police. The Resolution was read. Arnold moved to adopt same, Donovan seconded the motion which passed unanimously on roll call vote. (Ref. Reso. #89-05) NEW & MISCELLANEOUS BUSINESS: Request for Public Hearing on Polystyrene Foam Products Ban Councilor Reid said Portland is moving along with their ban on these products. Donovan is concerned with getting enough information and input from industry representatives, Ashland Sanitary Service, etc. Reid moved to set the public hearing for April 18, 1989, Arnold seconded the motion which carried unanimously on voice vote. Appointments to Boards, Commissions and Committees A memo was read from Councilor Arnold concerning amendments to the Ashland Municipal Code to allow Council members to nominate individuals for appointments to the various boards, commissions and committees; and elect Councilors for assignments to same. Mayor Golden asked that this item be withdrawn until such time as a problem with the current system arises. Donovan feels this is a way to broaden the decision-making process and to get the best qualified people. Acklin would like to see a more formalized process of making appointments. Michael Sanford, 31 S. 2nd St., feels the citizens should vote on the issue. A1 Willstatter, 128 Central St., thinks the Council should hold a public hearing. David Lane, 1700 E. Main St., said the system should not be changed. Steve Hauck agreed with getting a vote of the people. Reid asked that the item be postponed because the problem no longer exists. Golden suggested a time limit for making appointments, but leaving the remainder of the process alone. Arnold moved to instruct staff to prepare an ordinance or ordinances amending the Municipal Code as proposed in his memo. Donovan seconded the motion. Acklin said her "NO" vote was to allow for a cooling-off period. On roll call vote the motion passed as follows: Arnold, Donovan, and Williams, YES; Reid and Acklin, N0. Mayor's Membership on Budget Committee A memo was read from Councilor Arnold requesting adoption of an ordinance to declare that the Mayor is a member of the governing body of the City of Ashland. This would also allow the Mayor to break ties on voting on appointments to the Budget Committee. Reid moved to instruct Staff to bring back the appropriate ordinance and Williams seconded the motion. Michael Sanford, 31 S. 2nd St., said this should go to the voters. On roll call vote the motion passed unanimously. Regular Meeting - Ashland City Council - 3/21/89 P. 3 PUBLIC FORUM No response. ORDINANCES, RESOLUTIONS & CONTRACTS: Rezone Certain Properties in Downtown Area Second reading by title only of an ordinance rezoning certain properties in the downtown area necessary for implementation of the Downtown Plan. Arnold moved to adopt same, Acklin seconded the motion which passed unanimously on roll call vote. (Ref. Ord. #2494) Modify ComDrehensive Plan Designations in Downtown Area Second reading by title only of an ordinance modifying Comprehensive Plan designations in the Downtown Area. Acklin moved to adopt same, Williams seconded the motion which passed unanimously on roll call vote. (Ref. Ord. #2495) Downtown Parking UtilitV Fee Second reading by title only of an ordinance implementing the Downtown Parking Utility fee. Acklin moved to adopt same, Arnold seconded the motion which passed unanimously on roll call vote. (Ref. Ord. #2496) Set Public Hearinq - McFadden Annexation (Siskiyou Blvd.) First reading of an ordinance setting a public hearing on April 18, 1989 on the annexation of 0.51 acres on Siskiyou Blvd., East of Tolman Creek Road. Williams moved to second reading, Arnold seconded the motion which passed unanimously on roll call vote. Set Public Hearing - Croman Annexation (Mistletoe Road) First reading of an ordinance setting a public hearing on May 2, 1989, on a proposed annexation of 1.07 acres on the West side of Mistletoe Road, North of Siskiyou Blvd. Arnold moved to second reading, William~ seconded the motion which passed unanimously on roll call vote. Heritage Landmarks List First reading of an ordinance adopting an Interim List and criteria for the Heritage Landmarks List. Reid moved to second reading with the deletion of SECTION 5, Acklin seconded the motion which passed on roll call vote as follows: Donovan, NO; Reid, Williams, Acklin and Arnold, YES. Regular Meeting - Ashland City Council - 3/21/89 P. 4 Sewer Assessments on East Main Street Near Fordyce Street First reading of an ordinance levying assessments for sewer improvements on E. Main Street, near Fordyce Street, with the addition of a SECTION 5 concerning interest rates. Arnold moved to second reading, Acklin seconded the motion which passed unanimously on roll call vote. OTHER BUSINESS FROM COUNCIL MEMBERS: Williams requested $200 to start a national "Bike to Work" day program. Reid moved to place the item on the agenda, Donovan seconded the motion which passed unanimously on voice vote. It was decided that the Police Dept. would designate certain car parking spaces for bicycle parking on May 17, National "Bike to Work" day. Reid moved to continue the meeting for another 1/2 hour, Williams seconded the motion which passed on voice vote with Arnold dissenting. Reid moved to allocate $200 for the purpose of starting a Bike-to-Work program. Donovan seconded the motion which passed unanimously on voice vote. Mayor Golden made note of the request from Darrell Boldt concerning the use of a horse and carriage to transport a wedding party from the church to the Community Center on Winburn Way. All agreed there would be no problem with granting this request. Golden asked for nominations from the Council members for the Southern Oregon Historical Society's Historic Preservation Award. She also requested ideas on air-quality preservation to present at the meeting on March 22 with the County Commissioners. Councilor Acklin reported on a meeting with the Parks Commission on March 28, at which time her recommendation on funding the Open Space Program will be presented to them. The meeting adjourned at 11:05 P.M. Nan E. F~anklin City Recorder Catherine M. Golden Mayor Regular Meeting - Ashland City Council - 3/21/89 P. 5