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HomeMy WebLinkAbout1989-1205 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL DECEMBER 5, 1989 PLEDGE OF ALLEGIANCE Mayor Catherine Golden led the Pledge of Allegiance and called the meeting to order at 7:37 P.M. on the above date in the Council Chambers. Donovan, Reid, Williams, Acklin, Winthrop and Arnold were present. APPROVAL OF MINUTES Williams noted that the last sentence in the third paragraph on page three should read "Golden thanked Donovan for his work with the Council of Governments." Winthrop amended the third sentence in the third paragraph on page four to read: "Donovan requested that Council be notified in writing of commission and committee ...". Acklin moved to approve the minutes of the regular meeting of November 21, 1989 as amended. Donovan seconded and the motion carried on voice vote. Donovan moved to approve the minutes of the Executive Session on the same date, Acklin seconded and the motion carried on voice vote. PROCLAMATIONS On a request from Councilor Williams, a proclamation was prepared and read which declared Saturday December 9 as: "GRIZZLIES CHAMPIONSHIP DAY" in honor of their undefeated season and participation in the State playoffs on that date. A proclamation was read declaring January 6, 1990 as: "4TH ANNUAL CHRISTMAS TREE RECYCLE DAY". Boy Scout Troop 112 will pick up Christmas trees which will be chipped and used on park trails and as mulch for plants in the City parks. CONSENT AGENDA The following items were included on the consent agenda: 1) Minutes of Boards, Commissions and Committees; 2) Departmental Reports; 3) Memo from Director of Public Works concerning Sewage Treatment Plant Upgrading; 4) Liquor license request from Jonathan's Restaurant, 132 N. Main St.; 5) Mayor's appointments of Hospital Board Member Frank Billovits, and Park Commissioner Lee Howard to City Audit Committee; 6) Settlement agreement with City Attorney Salter; and 7) Letter appealing Planning Action No. 89-153 (set date for public hearing for December 19, 1989 at 7:30 P.M.) Acklin moved to approve the consent agenda items, Reid seconded and the motion carried on voice vote. Mayor Golden informed Council that Dr. Allen Johnson resigned from the Hospital Board. Regular Meeting - Ashland City Council - December 5, 1989 - P. 1 PUBLIC HEARING Appeal of P.A. No. 89-138 (K. Spierings) Councilor Winthrop withdrew from discussion and vote on this item due to a business relationship with Spierings. Planning Director Fregonese summarized the actions leading to the appeal. He said the Spierings were not living on the premises of the Bed & Breakfast at 164 "B" Street, which is a major condition of the conditional use permit, and the Planning Commission revoked their C.U.P. until April 1990. He also mentioned work done on the premises without a building permit. On a question from Reid, City Attorney Salter said she should not participate in the discussion and decision due to the fact that she is a B&B owner. Golden declared ex-parte' contacts with Ken Fitch, attorney for the applicant, and told of a letter she wrote to him concerning the date for the public hearing. The public hearing was opened. Katherine Abbett Spierings, 164 1/2 "B" Street, applicant, explained that her contractor started work on a weekend and didn't get building permits until the next week. She requested permission to re-apply for the CUP by January 1 and permit issuance by January 7; and permission to live on premises only when guests are staying at the B&B. Donovan and Arnold noted that she had signed a document on May 17 stating she was living on the premises. Ron Kelso, 220 Patrick Lane, said the conditions of the CUP should be enforced. Fregonese said the construction work on the premises was completed prior to the contractor obtaining a building permit. Donovan suggested moving the re-application date to February. Acklin recommended moving it to March. Acklin moved to uphold the Planning Commission decision, adopt their Findings of September 13, 1989, and request the hearing for Spierings be set in March. Donovan seconded the motion which passed unanimously on roll call vote. UNFINISHED BUSINESS Condemnation Proceedings (Superior Lumber Co.) City Administrator Almquist requested a two week extension on this item and all agreed. NEW & MISCELLANEOUS BUSINESS Third Street Traffic Pattern On a question from Reid, Arnold said all affected property owners were notified of the proposal to change Third Street between East Main and Lithia Way to one-way Southbound. Hall said the diagonal parking will be reversed but the same amount of parking will be available. The resolution was read and Williams moved to adopt same. Winthrop seconded and the motion passed unanimously on roll call vote. (Reso. #89-45) Regular Meeting - Ashland City Council - December 5, 1989 - P. 2 Timber Removal Permit Public Works Dir. Hall explained concern about the devastating effects a fire would have on Ashland's watershed, and requested authorization to apply to the State Department of Forestry for a timber removal permit to remove the dead and dying timber from the watershed. Reid expressed concern about the affects of the actual removal on the community, i.e. which streets will be used, noise in the canyon from trucks and helicopters, etc. Hall said truck trips would amount to 40 - 100 over a two week period. Almquist said pilot cars and traffic control at Gresham and East Main Streets will be provided. Acklin said efforts should be coordinated with the Parks Department for removal of timber on their properties. Almquist suggested holding neighborhood meetings to inform residents in the area of the logging plans. All agreed that Hall should apply for the permit from the State Dept. of Forestry. Conflict of Interest Proposal (Friends of Ashland) Debbie Miller, 160 Normal Ave., requested that Council consider adopting a Conflict of Interest ordinance which is stronger than existing State laws, which she feels are vague and too general. David Lane, 1700 E. Main, asked that Council look at the proposed ordinance from the League of Oregon Cities. Golden suggested sending their proposal to the attorney at the L.O.C. for use in preparing the ordinance. Bill Robertson, 2195 Tolman Creek Rd., agreed with idea of avoiding conflicts of interest. On a question from Arnold, Golden said the materials will be sent to the LOC attorney with no recommendation or endorsement from the Council. PUBLIC FORUM Bill Robertson expressed concern about the amount of publicity on condemnations i.e. Elks parking lot, Superior Lumber, and said benefits to sellers should be made available to the public as well. Golden said she hopes the newspapers will publish an informational article on the condemnation process. John Maurer, 1085 Elkader, expressed concern about potential fire hazard on Superior's 160 acres and suggested Council appeal to the Timber Industry for assistance on this issue. Dennis DeBey, 2475 Siskiyou Blvd., emphasized the importance of recycling and the need for a depot location, and explained strip cutting as an option for logging in the watershed. Robert Johnson, N. Mountain Ave., thinks logging in the watershed is a good idea and told of the 1959 fire in the same area. There being no further comment from the audience, the public forum was closed. ORDINANCES, RESOLUTIONS & CONTRACTS Business License Ordinance Amendment - Second reading of an ordinance amending the Business License Ordinance relative to rental properties. Acklin moved tO adopt same, Winthrop seconded and the motion passed unanimously on roll call vote. (Ord. #2538) Regular Meeting - Ashland City Council - December 5, 1989 - P. 3 Hospital Board Terms - Second reading by title only of an ordinance changing terms of the Hospital Board members from three years to four years. Williams moved to adopt the ordinance, Donovan seconded and the motion passed on roll call vote with Aek-r~in dissenting. (Ord. # 2539) Nevada St. Improvement - Second reading by title only of an ordinance ordering the improvement of Nevada Street from Ashland Creek easterly. Arnold moved to adopt same, Donovan seconded and the motion passed on roll call vote with Reid and Williams abstaining. (Ord. #2540) Adroit Annexation - Second reading by title only of an ordinance annexing 1.03 acres on the South side of Washington Street. Winthrop moved to adopt same, Acklin seconded, the motion passed unanimously on roll call vote with Reid abstaining. (Ord. #2541) Adroit Annexation - Second reading by title only of an ordinance withdrawing recently annexed property from Jackson Co. Fire Dist. No. 5. Donovan moved to adopt the ordinance, Winthrop seconded and the motion passed unanimously on roll call vote with Reid abstaining. (Ord. #2542) Adroit Annexation - Second reading by title only of an ordinance rezoning annexed property from County RR-5 to City of Ashland E-1. Donovan moved to adopt same, Williams seconded and the motion passed on roll call vote with Reid abstaining. (Ord. #2543) Amend Land-use Ordinance - Second reading by title only of an ordinance regarding vision clearance, access requirements for multi- family developments, and signage for notice of public hearings. Arnold moved to adopt same, Winthrop seconded and the motion passed unanimously on roll call vote. (Ord. #2544) City of Ashland Annexation - First reading of an ordinance annexing 22.64 acres adjacent to the Ashland Airport. Acklin moved to second reading, Williams seconded and the motion passed on roll call vote with Reid abstaining. City of Ashland Annexation - First reading of an ordinance rezoning recently annexed land from County RR-5 to City of Ashland E-1. Williams moved to second reading, Donovan seconded, and it passed on roll call vote with Reid abstaining. City of Ashland Annexation - First reading of an ordinance withdrawing recently annexed land from Jackson Co. Fire Dist. No. 5. Winthrop moved to second reading, Donovan seconded the motion which passed on roll call vote. Reid abstained. N. Mountain Ave. Property Rezone - First reading of an ordinance rezoning 10.64 acres of property on N. Mountain Ave., adjacent to Bear Creek from RR-.5-P to R-I-10-P (City of Ashland). Donovan moved to second reading, Winthrop seconded and the motion passed on roll call vote. Reid abstained. Regular Meeting - Ashland City Council - December 5, 1989 - P. 4 Amend Comp. Plan Map - First reading of an ordinance amending the Comprehensive Plan Map for property on N. Mountain Ave., adjacent to Bear Creek (City of Ashland). Acklin moved to second reading, Donovan seconded and the motion passed on roll call vote with Reid abstaining. Adopt State Statutes - First reading of an ordinance adopting certain State Statutes by reference and declaring an emergency. Williams moved to second reading, Donovan seconded and the motion passed unanimously on roll call vote. Municipal Judge Duties - First reading of an ordinance defining the duties of the Municipal Judge and declaring an emergency. Arnold moved to second reading, Donovan seconded and the motion passed unanimously on roll call vote. Transportation Utility Fees - First reading of an ordinance amending Chapter 4.26 of the Ashland Municipal Code concerning the use of Transportation Utility Fees for bikeway purposes. Williams moved to second reading, Winthrop seconded and the motion passed unanimously on roll call vote. Transfer of Appropriations - A resolution was read transferring appropriations within funds. Acklin moved to adopt same, Winthrop seconded and the motion passed unanimously on roll call vote. (Reso. #89-46) Stop Sign - Morton & Forest Sts. - A resolution was read establishing a four-way stop at the intersection of Forest and Morton Streets. Arnold moved to adopt same, Winthrop seconded and the motion passed unanimously on roll call vote. (Reso. 89-47) Adopt Findings P.A. 89-155 - Acklin moved to adopt the findings of fact on Planning Action No. 89-155 (Airport annexation and zone change), Donovan seconded and the motion passed on roll call vote with Reid abstaining. Adopt Findings P.A. 89-158 - Winthrop amended #2 of the RECITALS to read as follows: "The applicant is requesting a Zone Change and Comprehensive Plan Map change for the 10.64 acres of property to R-1- 10-P. A site plan ...". He also requested that the words: "from RR- .5-P to R-i-10-P" be inserted between the words "acres" and "is" in the third line of SECTION 3.1. Williams moved to adopt the amended Findings of P.A. 89-158 (Bear Creek/Mountain Ave. Comp. Plan Amendment/Zone Change), Acklin seconded and the motion passed on roll call vote. Reid abstained. OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Winthrop applauded the Ashland Police Department and other law enforcement agencies for the efficient and professional job they did during the N. Main Street incident involving a fugitive. Donovan Regular Meeting - Ashland City Council - December 5, 1989 - P. 5 OTHER BUSINESS FROM COUNCIL MEMBERS (Continued) gave an update of the recycling activities and will be doing so once a month. He reported that Ashland Sanitary Service will try to provide weekly curbside pick up in February or March. The Recycling Task Force recommends establishment of a recycling resource center at the Ashland Library and ask that Council consider helping to fund same. Reid said recycling was a dominant theme at the National League of Cities Congress she attended in Atlanta. She will give a more complete report of the Congress after the first of the year. Donovan expressed appreciation to Electric Director A1 Williams and the Electric Dept. for installation of the Christmas lights. ADJOURNMENT The meeting adjourned at 10:08 P.M. Nan E. Franklin City Recorder Catherine M. Golden Mayor Regular Meeting - Ashland City Council - December 5, 1989 - P. 6