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HomeMy WebLinkAbout1985-0521 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL May 21, 1985 ROLL CALL APPROVAL OF MINUTES PUBLIC HEARING Performance Stds. Sign Ordinance Revisions Mayor Medaris led the Pledge of Allegiance and called the meeting to order on the above date at 7:30 P~M. Elerath, Bennett, Smith and Laws were present. Reid and Acklin arrived momentarily~ Smith moved to approve minutes of the regular meeting and executive sess- ion of May 7 and special meeting of May 14, 1985; Bennett seconded the motion which passed without opposition on voice vote. A memo from the Planning Staff was read and Planning Director Fregonese reviewed the proposed revisions to the Performance Standards Ordinance saying that the Planning Commission has worked for eighteen months to rewrite the document to make it a more flexible guideline than the Zoning Ordinance. Fregonese reviewed the methods for awarding bonus points, trade~offs and basic incentive system. Fregonese noted the changes in street grade criteria and general street standards. In reviewing the bonus point system for renewable resource hot water heaters, Fregonese noted that wood stove hot water heating had been included. Elerath objected to inclusion of a pollution producing method being supported as an incentive. Fregonese noted that the wood stove would have to operate under DEQ criteria. Laws said he could see no problem with the production of hot water from a wood stove which would be in use for space heating anyhow. Smith disagreed with Elerath saying-with DEQ approved woodstoves people must be allowed to use them. The public hearing was opened and there being no comment from the audience, the public hearing was closed. Acklin moved to approve ordinance as reviewed; Read seconded tT a motion. On roll call Reid, Bennett, Acklin, Laws and Smith voted in favor; Elerath opposed and the motion carried° Elerath commented on grammatical errors and requested they be corrected before the ordinance is read~ A memo from the Planning Staff reviewing the proposed revisions to the Ashland Sign Code was read and Planning Director Fregonese noted the proposals are not a change of policy or something new but a restructure of the ordinance to make it clear. Fregonese said the sign ordinance was approved by LCDC and implemented into the Comprehensive Plan. Fregonese reviewed conditions regulating signs saying that there is to be no change in copy in nonconforming signs and that any change must call for bringing the sign into conformanceo Fregonese outlined the criteria for free- standing signs in shopping centers and business complexes saying that only one sign is allowed for the complex and wall signs allowed for individual businesses etco The public hearing was opened and Cliff Moran of 1193 Siskiyou Blvdo, said that people change signs and put up an illegg sign and n~tLing is being done° Moran said there are many cases of this nature existing. The Mayor asked that Moran bring specifics to his attention so they may be dealt with. Attorney Diane Spies reported that she is representing the Bamforths, owners of Bard's Inn, and noted that the matter being discussed is a housekeeping measure for t,oreasons, one being public policy consideration which is a legislative matter and she hasn't found an assessment of those affected. Spies said that is a public policy consideration but she is more concerned as it affects the nonconforming terminology that is being used. Spies said nonconform- ing have a constitutionally based right and that they cannot retroactivel~ become illegal when they were approved as legal when initially installed. ........ continued 5/21/85 P. P.H. on Sign Ordo continued Surplus Property Tree Commission Report Spies reviewed implications of inverse condemnation cases and said she would like to see the language changed in the revision and that the definiation of nonconformance be more carefully studied. Michael Stitt asked who owned the banners advertising the Shakespearean Theatre and was told they are owned by OSFA. A1 Willstatter, 128 Central, asked if the proposed revision was being addressed to the Bard's Inn situation and noted that because of the fact that someone must go back to Planning to get a conditional use permit and finds themselves in this situation doesn't seem fair and he doesn't think Council really wants to create these problems. Fregonese said he and the City Attorney discussed the methods of amortization and said because nonconforming signs have been allowed to exist doesn't mean they should remain in perpetuity and changes are sought when the business can best afford them° Fregonese said that this method of bringing signs up to code has been used for fifteen years. Willstatter suggested the matter be reviewed before more ligigation is initiated since the City is already involved in enough lawsuits. The City Attorney said that some of the issues have not been resolved in Oregon and so we are open to liti- gation. Reid said we do have people who are anxious to bring their signs into compliance and she doesn't see anything unique about the Bard's matter. Spies said for the record she is concerned that first reading of the ordinance is scheduled immediately without further study c ? public hearing comments° Laws said that this is th~ practice of Council and if there is a legal challenge we must decide what steps are to be taken but it carries out the intent of the Code. Moran said that when he removed his sign as requested by the City and relocated it that it is no longer an effective tool for advertising his business. The public hearin~ was closed at this point. Laws asked for reading of the ordinance and Almquist gave first reading. Smith moved to second reading with findings to be submitted and read at the next meeting; Laws seconded the motion which passed unanimously on roll call vote. The City Administrator reviewed the proposed sale of a parcel of vacant real property of approximately 2.5 acres located at 400 Mistletoe Road, and recommended that the appraised evaluation of $87,500 that a minimum bid be sought for at least 80% of that amount with terms to be 15% down with balance at 10% all of which will be due in five years. Almquist added that after advertising, should a buyer not be found that the list- ing be given the Ashland Board of Realtors. The public hearing was opened and there was no comment from the audience. The hearing was closed and Smith moved to direct Staff to proceed with terms as proposed; Bennett seconded the motion which passed unanimously on voice vote° Linda Ryan reviewed activities of the Street Tree Commission from its inception until the present time and noted that recommended street trees of different mature statures, nonrecommended street trees and prohibited street trees were made up as the beginning task of the Commission and that it has been decided that an educational program will enhance the beauty of the City as implemented. Peter Giffen reviewed his work with ......... continued 5/21/85 P. 2 le~ulaz-Meeting Ashland City Council 5/21/~5 P.~ STREET TREE COM- MISSION REPORT continued CLOSURE REQUEST WINBURN WAY STATE BALLET CLOS- FRE REQUEST HORSE-DRAWN CARRIAGE REQUEST HOSP~ ADMINISTRA- APPOINTMENT the Electric line crews stating that it is difficult to prune trees where they conflict with power lines and still keep them in shapely condition° Giffen said he has been involved in special projects of inspection of street trees on C & B Streets and made recommendations and worked on site review to beautify railroad trestle to improve image of entrance of the north end of the City. Joshua Smith reviewed other cities' trees so a criteria for Ashland can be developed and said consideration must be given soil, climate, solar exposure etc., and noted special attention is given trees which are messy and other problems. Don Todt gave a compre- hensive report of interest in urban forestry and reviewed a wide range of species found on one street. Todt noted that many trees are not native to this area. Ryand said that when the inventory of the neighborhood trees was done it was noted that each area has its own personality. Giffen said the report is just their first effort and the Commission is anxious to put the results of the research into use° Council commended the Commiss- ion for the fine work and thanked Serena Linde who was in the audience. Reid moved to approve listed information and have it brought back in ordinance form; Bennett seconded the motion which passed with all AYES on voice vote. A request from Robert Vlach on behalf of "Lithia Park Alive 85" for closure of Winburn Way from 3 PoM. to 6 P.M., was reviewed and Acklin moved to approve request contingent on their providing barricades and personnel and Bennett seconded the motion which passed without opposition on voice vote, A request for closure of Winburn Way on Monday evenings from 7:15 P.M. to the end of performances from June 17 - August 26 for State Ballet of Oregon was considered and Acklin moved to approval with understanding they provide barricades and personnel for same; Bennett seconded the motion which passed unanimously on voice vote. Candace Kirscher requested she be given unlimited number of special events in her operation this year saying that last year her permit limited her to six weddings. Dennis Perkins, Ashland Taxi owner and holder of the franchise said the unlimited special events permission would be expanding the service too much and that the route was settled last year and approval was based strictly on weddings. Perkins said he has no problem with wedding events being served. Kirscher said if the special events would have to be spelled out she would be limited in her operation. The City Attorney said it would be necessary to define special events. Laws said the applicant is asking that the whole City be opened up for any event. Smith moved to retain the fixed route and allow unlimited weddings; Acklin seconded the motion~ Public Safety Director Lively expressed concern relative to operating carriage after dark and Smith amended her motion to limit from "dawn to dusk" and Acklin approved. On voice vote the motion passed without opposition. (Elerath left the room at 9|55 p~m. and returned shortly thereafter.) A memo from the Mayor was read seeking confirmation of appointment of Thomas Mack to be Hospital Administrator due to replace Robert Strowbridge who is retiring and Laws moved to approve appointment; B~nnett seconded the motion which passed unanimously on voice vote. Judy Schaefer was present and said that Mack would be on board as of June 17th and that a receiption is being planned shortly thereafter to introduce him to the citizens of Ashland° 5/21/85 P. 3 5ular Meeting Ashland City Council LORD PROPERTY A memo was read from Planning Director Fregonese with recommendations rela- tive to the proposed disposition of the house located on the Lord's proper- ty noting that the cost of rehabilitating the house without a real need for it would not be worth the cost of the work° Fregonese said that the house could well be rehabilitated by someone moving it off the property in order to link the structure with Ashland's historic past, Fregonese said he had three inquiries regarding purchase of the house by people who would move it. Fregonese suggested that in the event no one purchases the house, that it could bid for demolition° Reid noted that she had talked to Chair- person Crawford of Parks & Recreation and that the Commission would utilize the house should it be rehabilitated° Reid also noted that the Ashland Heritage Committee might be interested. Laws moved to accept the recommend~ tion of Fregonese after some discussion and Elerath seconded the motion. Laws amended the motion to include "if the Heritage Committee does not respond within two weeks" and Elerath agreed to the amendment. On voice vote the motion passed unanimously. Airport Easement A memorandum from Director of Public Works Alsing requesting authorization for Mayor and Recorder to sign an electric easement at Ashland Airport so that PP&L can install a new primary electric line was read and Smith mowed for approval; Reid seconded the motion which passed unanimously on voice, ORDINANCES, RESOLU- TIONS & CONTRACTS Travellers Accom- modations Second reading by title only was given an ordinance amending the Ashland Municipal Code to exclude Hostels from the definition of travellers accommodations and Smith moved to adopt; Bennett seconded the motion which passed unanimously on roll call vote° Liquor License Fees - Travel- lets Accommod~ Second reading by title only was given an ordinance reducing the liquor license fees for travellers accommodations and Laws moved to adopt; Acklin seconded the motion which passed unanimously on roll call vote. Taxes for 1985-86 Second reading by title only was given an ordinance levying taxes for FY 1985-86 and Smith seconded the motion which passed unanimously on roll call vote° Water Moratorium First reading was given an ordinance lifting the water moratorium in the Southwest portion of the City and Acklin moved to second reading; Reid seconded the motion which passed unanimously on roll call vote. Resolution auth- orizing Funds for 1985/86 Fiscal Yr A resolution authorizing funds for 1985-86 Fiscal year was read and Laws moved to adopt; Smith seconded the motion which passed unanimously on roll call vote. 5/21/85 Po 4 ~eg~/ar Meeting Ashlaad City Council D~ai/'85 Po ~, T. rans. Appropo funds (FLSA Sup. Cto dec°) reversal Authority to purchase cert. of deposit (Valley of the Rogue) Parking Prohibition (Liberty St.) OTHER BUSINESS Study Sessession Mock Council meeting Wrangler Relocation ADJOURNMENT A resolution transferring appropriations within funds was read and Smith moved to adopt; Reid seconded the motion which passed unanimously on roll call vote. A resolution authorizing pruchase of certificates to deposit at Valley of the Rogue Bank was read and Laws moved to adopt; Elerath seconded the motion which passed unanimously on roll call vote° A resolution prohibiting parking at 707 Liberty Street on the East side of Prim Street was read and Smith moved to adopt; Bennett seconded the motion° On roll call Reid, Bennett, Acklin, Laws and Smith voted YES. Elerath opposed the measure° The City Administrator noted there is a conflict for the 28th of May for Study Session and asked to reschedule. Council agreed - no new date set. Elerath asked for permission to work with students at High School on City government and to bring them in to act in the capacity of Council for one day. Council agreed. Smith thanked the City Administrator and staff for their efforts in the transfer of the Wranglers arena from the Mistletoe Road location to the new Greenway site north of the Valley View exit. The meeting adjourned at 10:30 P.Mo Nan Eo Franklin City Recorder L. Gordon Medaris Mayor 5/21/85 P.