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HomeMy WebLinkAbout1989-0516 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL MAY 16# 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 Council Chambers. Donovan, Reid, Williams, Acklin, Winthrop and Arnold were present. GUANAJUATO-ASHLAND SCHOOL COMPETITION Mayor Golden introduced Chela Tapp-Kocks who told of a contest in which students from area schools drew pictures, wrote essays, took photographs, made posters, etc. of what Ashland means to them which were judged by two of our recent visitors from Guanajuato and two Ashlanders. Third, second and first place winners were introduced and presented with certificates and ribbons. The first place winners from Ashland High School, whose names were drawn for a trip to Guanajuato, were Phoebe Pederson and alternate Kimberly Hewitt. Winners from the Middle School were Jonathan Robertson and alternate Ruby Easterday. All first place winners received ten dollars. APPROVAL OF MINUTES Councilor Donovan asked that the minutes, on page six, reflect that a study of parking patterns will be done in 1991. The minutes were approved as amended. SPECIAL PRESENTATIONS Distinguished Budget Presentation Award Gary Holiday, President of the Oregon Municipal Finance Officers Association, presented the award to Finance Director Jill Turner and Mayor Golden. This award is presented for budget documents which meet the highest standards in municipal budgeting. Proclamations Mayor Golden read the following proclamations: Transit Appreciation Day in Ashland, May 17, 1989; Recycling Awareness Month in Ashland, June 1989; Better Hearing Month in Ashland, May 1989; American Indian Week, May 14-20, 1989. PUBLIC HEARINGS Proposed Budget for Fiscal Year 1989-90 The public hearing was opened. audience. There was no comment from the Regular Meeting - Ashland City Council - May 16, 1989 - Page One Public Hearing on Proposed Budget (Continued) Resolution Making Appropriations - A resolution was read adopting the annual budget and making appropriations. Acklin moved to adopt same, Reid seconded the motion and thanked Finance Dir. Turner and the Budget Committee. The motion passed unanimously on roll call vote. (Reso. #89-17) Ordinance Levying Property Taxes An ordinance was read which levies taxes for fiscal year 1989-90. Arnold moved the ordinance to second reading, Winthrop seconded the motion which passed unanimously on roll call vote. Remand from L.U.B.A. on P.A. 88-095 Letters from Robert Hunter, attorney for the applicant, and Appellant Harry Kieval, 740 Park St., were read into the record. Associate Planner McLaughlin said the applicant has submitted a revised site plan which includes a 3-foot sidewalk with a fence on each side. On a question from Acklin, he said the plans meet lot coverage requirements for landscaping. Mayor Golden opened the public hearing. Robert Blair, 745 Park St., expressed concern about the lack of guest parking. Arnold noted that L.U.B.A. found the Council's decision on parking to be correct. Janie Carter, 721 Park St., is glad the project is finally being settled. There being no further comment from the audience, the public hearing was closed. Winthrop moved to modify the Planning Commission's Findings to add the condition of the concrete sidewalk and fence; indicate in the record that Council finds the sidewalk will minimize conflicts between pedestrian and vehicular traffic; adopt the modified site plan; and authorize the Mayor and City Recorder to sign the Findings on P.A. 88- 095. Reid said a public safety problem exists with only one flag drive to the project. Arnold will vote in favor of the project, but feels the ordinances should be amended to correct problems which came to light on this project. Winthrop agreed. The motion passed on roll call vote as follows: Donovan, Williams, Acklin, Winthrop and Arnold, YES; Reid, NO. COMMUNICATIONS, PETITIONS & REMONSTRANCES Request for Sewer Connect A letter was received from Eugene Wright, 120 Clay Street, requesting permission to connect to the city sewer system because of a failing septic tank. Staff verified the failure with Jackson County and recommends approval of the request. Arnold moved to approve same and Williams seconded the motion, which passed unanimously on roll call vote. Regular Meeting - Ashland City Council - May 16, 1989 - Page Two Request for Development Moratorium - Terrace Street A petition was received from the residents of the Terrace Street area requesting a development moratorium be declared for the forest interface areas which use Terrace Street as an access. On a question from Reid, City Attorney Salter said a public hearing would be necessary in seeking a moratorium in order to determine the lack of an essential service. Winthrop feels the concerns are legitimate and recalled a discussion during goal-setting to re-examine zoning in the forest interface areas. Public Works Dir. Hall compared traffic flows on this street to other 20-foot wide streets and said there are no safety problems or design flaws. Joan Legg, 585 Terrace St., wants to work with the City for orderly growth. Jill Joos, 601 Terrace, would like to have the subcollector classification changed. Jessie Fitch said the Planning Director feels the moratorium is suitable. Lowell Smith, 700 Terrace, objected to a moratorium. Sandy Fletcher, 609 Terrace, is concerned about the vehicle trips per day. Acklin feels the situation is not grave enough to declare a moratorium, and noted the area will be studied when the forest interface element of the Comp. Plan is reviewed. Craig Martin, 608 Terrace, would like the street to be re-classified. Arnold noted the lack of legal evidence necessary to declare a moratorium, and said Council can request staff to evaluate the capacity of Terrace and possibly re-classify it. Marilyn Briggs, 590 Glenview, objects to a moratorium and feels most of the traffic is not from the residents in the area. Acklin moved to direct staff to study the area and submit a report outlining problems in the area, including pedestrian issues and numbers of possible future housing units, which can be used by CPAC, the Planning Comm. and City Council when dealing with these issues. Reid seconded the motion which passed unanimously on roll call vote. Salter mentioned vested rights and recommended sending letters to Smith and Briggs informing them of possible changes in the zoning of the area. Winthrop suggested waiting until the report showed such action was necessary. Ban on Polystyrene Foam Letters were received from The Recycling PACT and SOSC Newman Center urging passage of an ordinance banning polystyrene foam. Donovan moved to accept same and place on file, Winthrop seconded the motion which passed unanimously on voice vote. C.U.P. Fee Reduction Request A letter was read from Bruce Halverson, 295 Idaho St., requesting a reduced fee for a conditional use permit. Halverson explained the need to use a family room and allow guests to use their quarters when the B&B is all booked up. Donovan feels the fee should be reduced. Winthrop disagreed, saying the staff time and costs are still the same Regular Meeting - Ashland City Council - May 16, 1989 - Page Three Fee Reduction Request (Continued) as other planning actions of that type. Arnold said we have a good policy and the request should be turned down. Arnold moved to deny the request and Winthrop seconded. Williams said if the cost is $450 it should be paid, but he is not comfortable with that figure. The motion failed as follows on roll call vote: Donovan, Reid, and Williams, NO; Acklin, Winthrop and Arnold, YES. Mayor Golden broke the tie with a NO vote. Williams moved to review the request after the application process has been completed. Reid seconded the motion. Acklin feels this will encourage more people to request that Council reduce their fees. Reid suggested re-working the fee schedule using a combination of a flat rate and square footage. The motion passed as follows on roll call vote: Donovan, Reid and Williams, YES; Acklin, Winthrop and Arnold, NO. Mayor Golden broke the tie with a YES vote. Special Presentation Mayor Golden presented Police Chief Vic Lively with a certificate of appreciation for 25 years service with the Ashland Police Department. A cake and coffee reception was held in the foyer, and a gift presented to him from his employees. UNFINISHED BUSINESS Local Improvement District Beneficiaries A letter was read from Alan and Myra Erwin, 300 Grandview Dr., requesting an ordinance whereby beneficiaries of street improvements share in the cost, even though they may not be abutting property owners. Myra Erwin noted several alternative methods of paving Grandview Drive and asked the Mayor, as a last resort, to appoint a committee to research the issue and come back with recommendations. Salter said an ordinance is required to enable exactions. Almquist said an alternative is having the city pay for extra width and strength on arterial streets. Winthrop said he is not ready to move ahead on an enabling ordinance. Acklin agreed and requested a report from Hall on street construction costs. Arnold moved to direct Salter to bring back a broad type of enabling legislation on exactions within a reasonable time period. Reid seconded the motion, which passed unanimously on roll call vote. Adoption of Findinqs. Conclusions & Orders P.A. #88-182 - Winthrop asked that condition #8 be amended to read as follows: "That the site plan is to comply with the Tree Commission recommendations, to the approval of the Staff Advisor." Acklin moved to adopt the Findings and authorize the Mayor and City Recorder to sign as amended and Arnold seconded. Reid requested Fire Chief King Regular Meeting - Ashland City Council - May 16, 1989 - Page Four Adopt Findinas P.A. #88-182 (Continued) to report back on the ability of emergency vehicles to turn and go to Church Street. McLaughlin said the applicants have submitted another site plan which moves the buildings five feet closer to N. Main, and may clear up the alley issue. The motion passed unanimously on roll call vote. P.A. #89-033 - Acklin moved to adopt the Findings and authorize the Mayor and City Recorder to sign same. Winthrop seconded the motion which carried on roll call vote. P.A. #89-009 - Winthrop amended condition #4 in Section 2 to add the word "neither" between the words "were" and "chosen" in the first sentence; and change the wording in the last portion of the second sentence to read "due to the fact that it was done by the contractor without the knowledge of the Applicants." He then moved to adopt same as amended, and authorize the Mayor and City Recorder to sign. Arnold seconded and the motion carried on roll call vote as follows: Donovan, Reid, Williams, Winthrop and Arnold, YES; Acklin, NO. NEW & MISCELLANEOUS BUSINESS Fair Housing Ordinance Letters were received from Carlyle Stout, Jack Davis and the National Board of Realtors concerning this ordinance. City Attorney Salter has not reviewed the information received from the latter. On a question from Arnold, McLaughlin said the Planning Commission and CPAC felt the handicapped issue was complex and better handled at the Federal level. Winthrop said the immediate need is to deal with discrimination against families with children. Ron Kelso spoke against the ordinance, saying local law will not be able to control advertising, and will generate many frivolous cases. Acklin moved to continue the discussion when the ordinance is brought back under the ORDINANCE section of the agenda. Reid seconded the motion which passed unanimously on roll call vote. Acklin moved to continue the meeting another one-half hour. Donovan seconded the motion which passed as follows on roll call vote: Donovan, Reid, Acklin and Winthrop, YES; Williams and Arnold, NO. Liquor License Request - Back Porch BBO Williams moved to approve the application, Donovan seconded the motion which passed unanimously on voice vote. PUBLIC FORUM No response. Regular Meeting - Ashland City Council - May 16, 1989 - Page Five ORDIN3~CE5, RESOLUTIONS & CONTI~CTS Bonin/Sanchez Annexation - Second reading by title only of an ordinance calling a public hearing on the proposed annexation. moved to adopt same, Winthrop seconded the motion which passed unanimously on roll call vote. (Ord. #2506) Acklin Downtown Parking Restrictions and Fines - Second reading by title only of an ordinance relating to downtown parking restrictions and fines. Arnold moved to adopt same, Williams seconded the motion which passed unanimously on roll call vote. (Ord. #2507) Floodplain Moratorium Extension - Second reading by title only of an ordinance extending the floodplain moratorium for 90 days. Acklin moved to adopt same, Donovan seconded the motion which passed unanimously on roll call vote. (Ord. #2408) Croman Annexation - First reading of an ordinance annexing a contiguous area to the City. Acklin moved to second reading, Winthrop seconded the motion which passed unanimously on roll call vote. Croman Annexation - First reading of an ordinance withdrawing annexed territory from Jackson Co. Fire Dist. No. 5. Acklin moved to second reading, Donovan seconded the motion which passed unanimously on roll call vote. Croman Annexation - First reading of an ordinance rezoning annexed land from County RR-5 to City of Ashland E-1. Williams moved to second reading, Donovan seconded the motion which passed unanimously on roll call vote. Amend Bicycle Code - First reading of an ordinance amending the Municipal Code with respect to bicycles, and adopting the State Bicycle Master Plan. Williams moved to second reading, Winthrop seconded the motion which carried on roll call vote. Cable Access Commission - First reading of an ordinance establishing a Cable Access Commission. Winthrop moved to second reading, Donovan seconded the motion which passed on roll call vote as follows: Donovan, Reid, Williams, Acklin and Winthrop, YES, Arnold, NO. State Revenue Sharing Program - A resolution was read approving the City's participation in the State Revenue Sharing Program. Williams moved to adopt same, Reid seconded the motion which passed unanimously on roll call vote. (Reso. #89-11) Certify Municipal Services for State Revenue Sharing - A resolution was read certifying municipal services for State Revenue Sharing. Acklin moved to adopt same, Winthrop seconded the motion which passed unanimously on roll call vote. (Reso. #89-12) Regular Meeting - Ashland City Council - May 16, 1989 - Page Six Set Public Hearing - A resolution was read setting a public hearing on the improvement of Terrace Street and Ashland Loop Road. Donovan moved to adopt the resolution, Winthrop seconded the motion which carried on roll call vote. (Reso. #89-13) Senior Program Board Membership - A resolution was read amending the membership requirements of the Senior Program Board to include one Councilor instead of two. Donoven moved to adopt same, Reid seconded and the motion passed unanimously on roll call vote. (Reso. #89-14) Sale of Bonds - L.I.D. No. 59 - A resolution was read authorizing the sale of bonds on L.I.D. No. 59 and authorizing purchase by the City. Donoven moved to adopt the resolution, Winthrop seconded the motion which passed unanimously on roll call vote. (Reso. #89-15) Modify Commerclal & Industrial Sewer Rate - A resolution was read modifying the water consumption rate for Commercial & Industrial sewer rate. Acklin moved to adopt same, Winthrop seconded and the motion passed unanimously on roll call vote. (Reso. #89-16) OTHER BUSINESS FROM COUNCIL MEMBERS On a question from Reid, Almquist said he is working with Ashland Sanitary Service on advertising for the recycling program. Donovan asked that the 1% from the franchise fee for advertising be included as a line item in the next budget. ADJOURNMENT A study session was set for May 30, 1989, at 7:00 P.M., on the scope of legal services, and the R.W. Beck Water Report. The meeting adjourned at 11:30 P.M. Nan E j ~r~nkl in City Recorder Catherine M. Golden Mayor Regular Meeting - Ashland City Council - May 16, 1989 - Page Seven