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HomeMy WebLinkAbout1989-1107 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL NOVEMBER 7, 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. Mayor Golden welcomed the Boy Scout Troop to the meeting. Halloween Report Mayor Golden thanked the Police Department, Street Division and other City personnel for the work done on Halloween. Police Chief Vic Lively reviewed his report to City Council and said the Halloween Committee would like to make recommendations to Council for next year. He will be requesting funding in the next budget for training in crowd control. Safety Record Report Finance Director Jill Turner explained the City's safety record and said in the last quarter there have been only $265.00 in workmens compensation claims. Mayor Golden will send a letter to City staff commending them on the excellent safety record. APPROVAL OF MINUTES Councilor Williams amended the second to the last sentence in paragraph two on page two to read: "Williams moved to accept the Bikeway Commission's recommendation and increase the Transportation Utility Tax by 20%"; the intent being to use the funds for bikeway purposes not simply bikeway construction. Arnold noted the correct term is "Transportation Utility Fee" not "Tax". Winthrop noted that paragraph two on page three should mention that Councilors will be notified of committee resignations throughout the year. Donovan included the agreement by Councilors to advertise openings and pay for the ads if necessary. The minutes of the regular meeting of October 17, 1989 were approved as amended. CONSENT AGENDA Councilor Acklin moved to approve items 1, 2, and 4 of the Consent Agenda, those being: 1) Minutes of Boards, Commissions and Committees; 2) Departmental Reports; and 4) Nomination of residence at 35 Granite Street to the National Register of Historic Places. Donovan seconded and the motion carried on voice vote. On a question from Reid Ashland City Council - Regular Meeting - November 7, 1989 - Page 1 CONSENT AGENDA (Continued) concerning item 3) Finance Report for September 30, 1989, Finance Director Turner said we are willing to "take more risks" because there are funds set aside, and by doing so the out-of-pocket insurance costs are lower. Mayor Golden requested that these reports be sent to Budget Committee members. On item 5) Liquor license application for Back Porch BBQ, Winthrop asked for clarification of the different classes of liquor licenses and City Record Franklin and Councilor Donovan explained. Acklin moved to approve items 3 and 5, Winthrop seconded and the motion carried on voice vote. PUBLIC HEARINGS: Washington Street Annexation - Adroit Construction Co. Planning Director Fregonese explained the proposed annexation and construction plans and said the Planning Commission and C.P.A.C. recommended approval with several conditions. The public hearing was opened and Mark Murphey, 492 Lynn Street, expressed concern with inconsistencies of E-1 land inventory. There being no further comment from the audience, the public hearing was closed. Acklin moved to instruct staff to bring back implementing ordinances and adopt the Findings and conditions of the Planning Commission. Williams seconded and the motion passed unanimously on roll call vote. Land-use Ordinance Amendments Fregonese reviewed the proposed amendments which were outlined in materials in the agenda packet. Public Works Director Hall reviewed his memo concerning minimum street standards for minor land partitions. Golden feels the paving requirement may encourage higher density development. Concerning accessory buildings i.e. guest houses, Reid thinks 750 sq. ft. is too large and should be 450 sq. ft. The public hearing was opened. Leslie Ballew, 321 Alta St., expressed concern about the cost of paving should she wish to partition her lot; and feels the accessory structure size requirements should be increased for larger lots. Denise Miller, 1801 Old Greensprings Highway, feels the paving requirements will raise the already high cost of land. Ron Kelso, 220 Patrick Lane, said the current system is fair and the proposed paving requirements could have a negative effect. He agreed with Ballew's point concerning consideration for larger lots with regard to accessory structures. Bob McCoy, 160 Orange St., thanked the Council for responding to his letter concerning his proposed minor land partition. He feels the paving requirement should be lifted and asked that an exception process be included in the street standards policy. Dennis DeBey, 2475 Siskiyou Blvd., expressed concern about the three-foot clearance from property lines should guest houses be made into apartments. Richard Ernst, 975 Walker, agreed with Ballew and Kelso on consideration of lot sizes. Marcia McNamara, 1007 Ashland St., noted the requirement of signing in favor of street improvements for partitions and the proposal to Ashland City Council - Regular Meeting - November 7, 1989 - Page 2 PUBLIC HEARINGS (Continued) require same to obtain a building permit, and feels this will get streets paved in an equitable manner. Fregonese suggested the site review process for accessory structures over 1,000 feet, with requirements of meeting normal setbacks and noticing neighbors. Acklin said the size of the structure should be limited when being placed three feet from the property line. councilor Arnold asked Public Wks. Dir. Hall to prepare numerical standards for the four areas noted in his memo. Reid moved to direct staff to prepare draft ordinances amending the Land-use Ordinance concerning accessory structures with lot size considerations and structure size limitations and set-backs for the 3-foot clearance from property lines; posting of planning action notices on site; and new street standards for partitions. Donovan seconded and the motion passed unanimously on roll call vote. Acklin moved to continue the public hearings for one half hour, Winthrop seconded the motion which carried on voice vote. Open Burninq Ban Ordinance City Administrator Almquist reviewed the proposed ordinance. Golden suggested including "woodstoves and fireplaces" in the last sentence of Section 10.30,010 regarding the burning of garbage, plastic, styrofoam, or other noxious materials; and adding "October 15 - 31" to Section 10.30.020. The ordinance was read and the public hearing opened. Marilyn Briggs, 590 Glenview Dr., said allowing burning for only two weeks in the Fall is not enough. A1 Alsing, 970 Walker Ave., agreed and asked the City to request that DEQ provide a monitor station at City Hall as was done in the past. Henry Kneebone, 449 Orchard St., said it's better to burn in the Fall because the smoke goes South instead of North into Medford. Mr. Farrar, 987 Walker, suggested extending the window to the first part of October. Richard Ernst, 975 Walker, asked for clarification as to when tree trimmings, etc. can be burned. Bob Paulsen, 789 Indiana, said the period of October through February has the highest particulate levels and burning should be restricted to Spring months and possibly September. There being no further comment from the audience, the public hearing was closed. Acklin asked to change the fall window to September 15 - October 15, and Arnold suggested dropping the month of March. Williams moved the ordinance to second reading as amended, including Mayor Golden's suggested wording in Section 10.30,010. Winthrop seconded and the motion passed unanimously on roll call vote. Ashland City Council - Regular Meeting - November 7, 1989 - Page 3 UNFINISHED BUSINESS Bellview Avenue Sanitary Sewers P.W. Dir. Hall reviewed his memo, prepared in response to a concern expressed by Sam Conner, 2404 Siskiyou Blvd, regarding sewer backup problems in the Bellview Ave. area. Hall said these sewer lines are old and suffer from root intrusion. The line in Bellview is on the "trouble list" and is rodded every three months. Reid and Acklin requested a copy of the "trouble list". NEW & MISCELLANEOUS BUSINESS Dru~-Free Ashland Petition A petition with a number of signatures of Ashland residents was received requesting that Council establish the objective of a drug- free Ashland and implement drug testing for City employees and elected officials. Tom Weldon, Personnel Director, told of the City's efforts in this area which include: an Employee Assistance Program; Blue Cross treatment benefits, early return to work for injured employees, a safety program, and stretching program. He is working on a drug awareness policy which will include education, identification of problems, and assistance with treatment. Mayor Golden asked that a letter be sent to the petitioners thanking them for their interest. Carol Oates, 351 Granite St., said the City needs to communicate these activities to the public and be leaders in dealing with the problem. Acklin told of the speaker at SOSC who was sponsored by the City, participation in Drug-Free Ashland and discussions in open public meetings about letters to the editor on this subject. Richard Ernst, 975 Walker, feels Council is not taking the issue seriously. Lyman Faulkner, 1320 Apple Way, said effective programs start with civic groups, community leaders, etc. Arnold said he will not vote for mandatory drug testing and will continue to assert this position. Golden said there is a difference of opinion on how to deal with the drug problem, but hopes everyone can work together towards one end. Winthrop feels testing is a gross invasion of privacy and the City's safety record, as an example, shows the level of competence and responsibility present among city employees. Cable Access Commission Rules City Admin. Almquist commended Chair Allen Sandler, the Cable Access Commission, and consultant Hap Freund on the excellent work done to prepare the "Operating Rules, Procedures & Policies". On a question from Winthrop concerning allocating broadcasting hours, Sandler said if Council is discussing a major issue, that part of a Council meeting can be taped for broadcast at a different time. Suzi Aufderheide and Tim Shove were present and identified as members of the Commission. The resolution ratifying the rules and procedures was read, and Almquist also read the policy statement on free speech. Arnold moved to adopt the resolution, Reid seconded and the motion passed unanimously on roll call vote. (Reso. #89-42) Ashland City Council - Regular Meeting - November 7, 1989 - Page 4 Downtown Development Plan Progress ReDort Fregonese said the downtown pedestrian amenities phase of the project is now out to bid and gave the schedule for the next phases. He reported that the Tree Commission will be presenting a plan to Council which includes replacement of problem trees. Fregonese then showed plans for the pedestrian amenities on the Pioneer Street Plaza and other areas downtown. Donovan complimented Fregonese, Pam Barlow, a Community Development Dept. employee, and the Downtown Committee for the time and effort spent on this project. Voting Deleqate - LOC Conference All agreed that Mayor Golden will serve as the voting delegate to the annual League of Oregon Cities Conference in November, and Winthrop will serve as alternate. SOSC Foundation Timber Sale to Superior Lumber Co. Councilor Winthrop said he visited a site in Talent where the same company appeared to have clearcut the property they purchased there. Reid moved to extend the meeting for one half hour, Winthrop seconded and the motion carried on voice vote. Ron Hodgdom, 1314 Holton Road, and Steve Primus, of Holton Road, nearby property owners of said Talent property, said they were told selective cutting would be done and only merchantable timber cut, but everything was cut. Dennis DeBey, 2475 Siskiyou, expressed concern about potential clearcutting in the newly-acquired area. Arnold said the area is very visible from most places in Ashland and the only way to stop possible clearcutting is to condemn the property for public purposes. He wants to work with people to raise money to purchase said property and take necessary steps to begin the process of condemnation. Reid would like the SOSC Foundation to have an opportunity to contribute. Acklin spoke against condemnation and said the main concern is to protect the watershed from fire hazard. Donovan moved to continue the meeting until 12:00 midnight. Reid seconded, all AYES on voice vote. Donovan said condemnation should be a last resort. Arnold moved to instruct Staff to bring back a resolution of public need and intent to codemn. Winthrop seconded the motion. Arnold moved to accept public input until 11:45 P.M. Reid seconded, all AYES on voice vote. On a question from Jack Blackburn, Arnold said injunctive relief cannot be sought because the area is not in the Ashland watershed. Susan Hunt, 220 Nutley, representing Friends of Ashland, read a letter from that group in support of condemnation. A citizen recommended seeking an injunction in order to prepare and E.I.S., and pledged $100 to buy property from Superior. Marcia McNamara, 1007 Ashland, said Superior may be approaching other owners in the area, and suggested the City get in touch with them and voice its concerns. Ron Kelso feels condemnation is not the answer. Williams is not in favor of condemnation, and Acklin feels threats should not be used in negotiations. Donovan said to approach this diplomatically. The motion passed on roll call vote as follows: Winthrop, Arnold, Reid and Williams, YES; Donovan and Acklin, NO. Ashland City Council - Regular Meeting - November 7, 1989 - Page 5 Open Space Program A letter from the Parks Commission on funding was postponed. PUBLIC FORUM No response. ORDINANCES, RESOLUTIONS & CONTRACTS CATV Franchise - On a question from Reid, Ken Reske, Cooke Cablevision, said a new law will go into effect on January 1 which will require that certain programs are blacked out. The cable company is doing a survey of customers as to which shows should remain and C- SPAN will be provided if there is enough positive response. First reading of the ordinance approving the transfer of CATV franchise from Cooke Cablevision to TCI Cablevision of Oregon. Arnold moved to second reading, Donovan seconded and the motion passed unanimously on roll call vote. Amend Business License Ordinance - postponed. Change Conununity Hospital Board Terms - postponed. Adopt State Statutes - First reading of an ordinance adopting various State Statutes by reference, concerning misdemeanors. Arnold moved to second reading, Reid seconded and the motion passed unanimously on roll call vote. Increase Transportation Utility Fee - postponed. Dedicate Properties for Park & Rec. Purposes - postponed. Executive Session - Arnold moved to place the item discussed in Executive Session on the agenda. Reid seconded, all AYES on voice vote. Arnold moved to approve in concept the settlement presented in Executive Session. Williams seconded and the motion carried on voice vote. ADJOURNMENT The meeting adjourned at 12:00 Midnight. Nan E. Frankl in City Recorder Catherine M. Golden Mayor Ashland City Council - Regular Meeting - November 7, 1989 - Page 6