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HomeMy WebLinkAbout1989-0606 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL JUNE 6, 1989 PLEDGE OF ALLEGIANCE Mayor Catherine Golden led the Pledge of Allegiance and called the meeting to order on the above date in the Council Chambers. Donovan, Reid, Williams, Acklin, Winthrop and Arnold were present. APPROVAL OF MINUTES Councilor Winthrop asked that the word "modify" on page two, fourth paragraph, first line, be changed to "adopt". The minutes of the May 16, 1989 meeting were approved as amended. SPECIAL PRESENTATION Angie Uherbelau told of her upcoming trip to Guanajuato during the week of June 18-24. Tiffany Satchler will also make the trip. Angie thanked the Council for the opportunity to represent Ashland and further the Sister City relationship with Guanajuato. Mayor Golden displayed a polystyrene container which is used by Pyramid Juice Co., and is completely recyclable. PUBLIC HEARINGS Fair Housing Ordinance (Continued) The public hearing was opened. Ron Kelso questions the need for the ordinance, but likes the idea of a Fair Housing Counselor to answer questions concerning the Federal regulations. Williams would like to wait to see how the Federal regulations affect our community. Winthrop noted discussions in goal-setting regarding affordable housing and making it equally available. Arnold said this ordinance will show a desire to eliminate discrimination; and agreed with Winthrop that HUD is not readily available to our area. Winthrop asked that the following words be added to page 2, section 2(9): "... under 18 years of age."; that page 3, section 4(2) read as follows: "The requirements of this ordinance on prohibition of discrimination on the basis of familial status shall not apply to:"; and page 4, section 5, first sentence be changed to read as follows: "Any person aggrieved by an unlawful practice prohibited by this ordinance may file a complaint with the Fair Housing Officer no more than sixty (60) days after the alleged unlawful practice occurred." City Attorney Salter said the ordinance should be made a part of the Municipal Code. The item was postponed in order to make the above-noted changes, put in Municipal Code form, and publish notice of first reading by title only. Regular Meeting - Ashland City Council - June 6, 1989 - Page One Floodplain Hearing (Continued) Planning Director Fregonese explained proposed changes to the ordinance which will provide for a setback from the creeks and minimize the need for sophisticated floodproofing. Modification of the zoning on the Beagle property is being considered to compensate for the loss of buildable land. The public hearing was opened. Mr. Braafladt, Mr. Beagle's attorney, said they won't protest if the zoning is changed on the parcels west of Bear Creek. There being no further comment from the audience, the public hearing was closed. Winthrop moved to refer the rezone of the Beagle property back to the Planning Commission and C.P.A.C. and recommend it be rezoned to allow for an equivalent number of units as would have been allowed before the floodplain moratorium. Williams seconded the motion which passed unanimously on roll call vote. Reid moved to publish first reading by title only of the ordinance and direct staff to prepare findings adopting the provisions for all creeks except Bear Creek. Arnold seconded the motion. Winthrop asked that in Section 18.62.070(C), the fourth line read: "...adopted by Section 18.62.060, whichever elevation is greater, or where no "- and the last line end after the words "official maps." Also, that the fourth line of Section 18.62.070(D) read: "... adopted by Section 18.62.060, whichever elevation is greater, or where no ..."; and remove the words "whichever is greater." On a question from Donovan, Fregonese said decks over creeks have to be anchored and made of steel, not wood. Williams and Mayor Golden declared conflicts of interest because of owning land in the affected areas. The motion passed unanimously on roll call vote with Williams abstaining. Bonin/Sanchez Annexation - P.A. No. 89-044 Materials included in the record were noted. Fregonese explained the proposed annexation and seven unit apartment complex, and said it meets the site design guidelines. Reid moved to approve the annexation and adopt the Findings of the Planning Commission. Winthrop seconded the motion which passed unanimously on roll call vote. L.I.D. - Terrace Street and Ashland Loop Road A memo was read from Councilor Winthrop in which he questioned the appropriateness of the City's involvement in the project. Public Works Dir. Hall explained the project and the assessments to Lewis, Royce, Woods and the City. The public hearing was opened and Dean Royce, 400 Ashland Street, said he is willing to pay the assessments of his neighbors with whom he signed the agreement. He said Councilor Winthrop's original position was in support of paving streets. Winthrop said the improvements will not be to the benefit of the general public. Dr. Marvin Woods, representing his parents who live at 695 Terrace, said city trucks use the street and the City should Regular Meeting - Ashland City Council - June 6, 1989 - Page Two Terrace St./Ashland Loop Road L.I.D. (Continued) pay its portion of the costs. Ron Kelso agreed. There being no further comment from the audience, the public hearing was closed. Acklin said the policy has been for the City to pay its share of paving costs. Williams said others in the City will benefit i.e. emergency vehicles, and its a good policy. Arnold said the developers deserve fairness and the City should participate. Donovan agreed that the City has a responsibility to participate. Reid sees the paving as a safety factor. The ordinance was brought forward and first reading held. Acklin moved the ordinance to second reading, Reid seconded the motion which passed on roll call vote as follows: Donovan, Reid, Williams, Acklin, and Arnold, YES; Winthrop, NO. COMMUNICATIONS, PETITIONS & REMONSTRANCES Spawning Beds on Ashland Creek A letter was read from John MacDiarmid, Rogue Flyfishers, concerning an experimental project which involves building spawning beds on Ashland Creek in lower Lithia Park. Mr. MacDiarmid explained the proposed project and requested the cooperation of the Parks Dept., Fire Dept. and Water Quality Division. Ken Mickelsen, Parks Director, said the Parks & Recreation Commission was supportive of the project. Jerry MacLeod, O.D.F.W., told of a similar experiment in Florence which worked very well. Reid moved to support the proposal and prepare a letter of understanding between the parties which will serve to document the City's support, and protect the right of the City to continue sluicing Reeder Reservoir. The motion passed unanimously on voice vote. Street Closures - Fourth of July Run A request was received from Wayne Henningfield, 3460 Griffin Creek Rd., Medford, to close Third St. from Lithia Way to Siskiyou Blvd. to use as a receiving area for the Fourth of July runners. Acklin moved to approve the request, Arnold seconded the motion and it carried unanimously on voice vote. Set Public Hearing A letter was received from Dana Knoke, 1030 Ashland St., appealing P.A. No. 89-055, a minor land partition on Tolman Creek Road. The public hearing was set for June 20, 1989 at 7:30 P.M. Liquor License Application A liquor license application for an increase in privilege was received from Theresa's Cantina, 76 N. Pioneer. Arnold moved to approve same, Williams seconded the motion which passed unanimously on voice vote. Regular Meeting - Ashland City Council - June 6, 1989 - Page Three UNFINISHED BUSINESS Adopt Findings on P.A. No. 88-095 (Kieval Appeal) Winthrop noted that SECTION 2, Subsection 2.2, the second sentence should read as follows: "Said sidewalk and flag drive shall be bordered by a fence on each side." Acklin moved to adopt the Findings, Conclusions and Orders as amended. Donovan seconded the motion which passed as follows on roll call vote: Donovan, Williams, Acklin, Winthrop and Arnold, YES; Reid, NO. NEW & MISCELLANEOUS BUSINESS Maintenance Costs on Unpaved Alleys and Streets Public Works Dir. Hall submitted a memo which was included in the agenda packet. Reid is concerned about the five-year life span of chip-seal and would like to study this issue further. For information only, no action necessary. Deed for Street Right-of-way at Orchard St. & Wrights Creek Drive Arnold moved to accept the deed, Williams seconded the motion which passed unanimously on roll call vote. Mayor's Appointment to Tree Commission Mayor Golden requested approval of her appointment of Michael Minder to the Street Tree Commission to replace Keith Fish who resigned. Arnold moved to approve same, Donovan seconded the motion which passed unanimously on voice vote. Administration of Community Center A letter was received from the Parks & Recreation Commission in which they agreed to assume responsibility for the administration of the Community Center. City Admin. Almquist said a memo of understanding between the parties is being prepared. No further action taken. Advertising Costs for Recycling Almquist explained that the City sends out recycling information in at least one utility newsletter per year at a cost of about $600.00. Reid suggested sending tabs for calendars which will remind people of recycle pick up days. No further action taken. Bikeway Study - Siskiyou Boulevard A request was received from the Bicycle Commission to use funds earmarked for bikepaths or bikepath studies, to hire an outside Regular Meeting - Ashland City Council - June 6, 1989 - Page Four Bikeway Study - Siskiyou Blvd. (Continued) consultant to review and make recommendations for the bikepath/ sidewalk on North Main, East Main and Siskiyou Blvd. Arnold moved to approve the request, Donovan seconded and the motion passed unanimously on voice vote. Financial Report Almquist noted Finance Director Turner's comment regarding the good job Mike Biondi is doing in managing his cemetery budget. Arnold moved to accept the report for the period ending April 30, 1989 and place it on file. Williams seconded the motion which passed unanimously on voice vote. Proposed Amendments to Council Rules City Administrator Almquist reviewed the proposals regarding a consent agenda and the length of public hearings. Mayor Golden would like board and commission terms to end on April 30 of each year, and public hearings concluding at 10:00 instead of 9:30. Acklin suggested starting meetings which begin with special presentations at 7:00 P.M. Donovan made a motion to conclude public hearings at 9:30 P.M., unless they are extended to 10:00 P.M. by a two-thirds vote of the Council. Williams seconded the motion which passed unanimously on voice vote. Acklin moved to place the resolution concerning committee appointments on the next agenda, Williams seconded the motion which passed unanimously on voice vote. Acklin moved to establish a consent agenda, Arnold seconded the motion which passed unanimously on voice vote. PUBLIC FORUM Sandy Fletcher, 609 Terrace, expressed concern about maintenance of the unpaved portion of the upper section of Ashland Loop Road. Public Works Dir. Hall said the City has no right-of-way there, to which Fregonese said when tax lot 1700 is improved, the right-of-way can be obtained. Reid requested that the first meeting in July include a proposal in which people who build single family residences sign in favor of future improvements. ORDINANCES, RESOLUTIONS & CONTRACTS Levy Property Taxes Second reading by title only of an ordinance levying property taxes for fiscal year 1989-90. Williams moved to adopt the ordinance, Winthrop seconded the motion which passed unanimously on roll call vote. (Ord. #2509) Regular Meeting - Ashland City Council - June 6, 1989 - Page Five Croman Annexation Second reading by title only of an ordinance annexing a contiguous area to the City. Acklin moved to adopt same, Winthrop seconded and the motion carried unanimously on roll call vote. (Ord. #2510) Second reading by title only of an ordinance withdrawing annexed land from Jackson Co. Fire Dist. No. 5. Winthrop moved to adopt same, Acklin seconded the motion which passed unanimously on roll call vote. (Ord. #2511) Second reading by title only of an ordinance rezoning annexed land from County RR-5 to City of Ashland E-1. Donovan moved to adopt same, Acklin seconded the motion which carried unanimously on voice vote. (Ord. #2512) Amend Bicycle Ordinance and Adopt State Bicycle Master Plan Second reading by title only of an ordinance amending the Bicycle Ordinance and adopting the State Bicycle Master Plan. Williams moved to adopt same, Winthrop seconded the motion which passed unanimously on voice vote. (Ord. #2513) Cable Access Commission Second reading by title only of an ordinance establishing a Cable Access Commission. Arnold requested that the first part of the first sentence in SECTION 3.1. read as follows: "The Ashland Cable Access Commission shall review, adopt and recommend for City Council approval appropriate ...". SECTION 3 was read as amended. Arnold moved the ordinance to second reading, Williams seconded the motion which passed unanimously on roll call vote. (~. ~51~) ~7 ~-~'e~ ~-~ Bonin/Sanchez Annexation First reading of an ordinance annexing 0.44 acres of land on the West side of Tolman Creek Rd., North of Highway 66. Acklin moved to second reading, Arnold seconded and the motion passed unanimously on roll call vote. First reading of an ordinance withdrawing annexed land from Jackson County Fire District No. 5. Arnold moved to second reading, Winthrop seconded the motion and it carried unanimously on roll call vote. First reading of an ordinance rezoning annexed land from County RR-5 to City of Ashland R-2. Arnold moved to second reading, Winthrop seconded the motion which passed unanimously on roll call vote. Regular Meeting - Ashland City Council - June 6, 1989 - Page Six Downtown Parking Limit Amendments First reading of an ordinance amending the Downtown Parking Limits by adding Water St. and Winburn Way. Williams moved the ordinance to second reading, Reid seconded the motion which passed unanimously on roll call vote. Amend Land-use Ordinance Almquist explained that this will give the authority to cite individuals who violate conditions of planning actions. The ordinance was read and Arnold moved to second reading. Winthrop seconded the motion which carried unanimously on roll call vote. State Electrical Specialty Code First reading of an ordinance authorizing enforcement of the State Electrical Specialty Code and adopting a fee schedule. Arnold moved to second reading, Reid seconded the motion and it carried unanimously on roll call vote. Traffic Safety Commission Membership It was decided to delete the emergency clause from the ordinance and change all references in to "March 31" in Section 2.26,020 to "April 30". The ordinance was read as amended and Arnold moved to second reading. Winthrop seconded the motion which passed unanimously on roll call vote. Change Name of Guanajuato Way A resolution was read changing the name of Guanajuato Way to Calle Guanajuato. Acklin moved to adopt same, Donovan seconded the motion which passed unanimously on roll call vote. (Reso. #89-18) Funds and Accounting Methods for F.Y. 1989-90 A resolution was read authorizing funds and accounting methods for Fiscal Year 1989-90. Arnold moved to adopt same, and Williams seconded the motion which passed unanimously on roll call vote. (Reso. #89-19) Acklin moved to extend the meeting one-half hour. Arnold seconded the motion which passed on voice vote with Williams dissenting. Set Public Hearing A resolution was read setting a public hearing on June 20, 1989 regarding the proposed Local Improvement District for paving the public parking lot at the Oak Knoll Golf Course. Donovan moved to adopt same, and Acklin seconded the motion which carried unanimously on voice vote. (Reso. #89-20) Regular Meeting - Ashland City Council - June 6, 1989 - Page Seven L.I.D. No. 61 A resolution was read authorizing issuance of City Improvement Bonds for L.I.D. No. 61, sewer construction on E. Main at Fordyce Street. Acklin moved to adopt same, Winthrop seconded and the motion passed unanimously on roll call vote. (Reso. #89-21) Third Street Parking Limitations A resolution was read changing limitations on Third Street parking to one hour on the westerly side between Lithia Way and East Main Street and providing a 15-minute parking space in front of 37 Third Street. Arnold moved to adopt same and Winthrop seconded the motion. On a question from Donovan, Arnold said the request from the Benjamin Franklin Bank was tabled until the Downtown Plan could be reviewed. The Traffic Safety Commission is studying parking patterns in each block. Reid would like to see more 15-minute spaces. The motion passed unanimously on roll call vote. (Reso. #89-22) Canvass of Vote A resolution was read declaring the Canvass of Vote and Mayor's Proclamation on the Police Serial Levy election. Arnold moved to approve the resolution, Donovan seconded the motion and it passed unanimously on roll call vote. (Reso. #89-23) Adopt Pay Plan A resolution was read adopting a pay plan for management and confidential employees for Fiscal Year 1989-90. Acklin moved to adopt same, Winthrop seconded the motion and it passed unanimously on roll call vote. (Reso. #89-24) OTHER BUSINE88 FROM COUNCIL MEMBERS Acklin reminded Councilors of the Future Plan Festive on June 10, 1989 at the Ashland High School. ADJOURNMENT The meeting adjourned at 11:20 P.M. Nan E. 'Franklin City Recorder Catherine M. Golden Mayor Regular Meeting - Ashland City Council - June 6, 1989 - Page Eight