Loading...
HomeMy WebLinkAbout1984-0515 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL May 15, 1984 ROLL CALL APPROVAL OF MINUTES Mayor Medaris led the Pledge of Allegiance and called the meeting to order at 7:30 P.M., on the above date in the Civic Center Council Chambers. Present were Howard, Reid, Acklin, Smith and Laws. Dale was absent. A correction on page 3 relative to the Wimer Street item was submit- ted and Reid moved to approve minutes of the regular meeting of May 1, 1984 as corrected and those of the Executive Session for that date; Laws seconded the motion which passed unanimously on voice vote. PUBLIC HEARING Appeal from PA 84-020 The City Administrator read a letter from Cottle & Howser submitting grounds for the appeal of the Planning Connnission's decision to not allow a drive-up window on Taco Bell and outlining their disagree- ment with the findings on which the decision was based. Planning Director Fregonese reviewed the history of the drive-up window concept as it relates generally and said that the Planning Commiss- ion and Citizens Planning Advisory Committee have been working with a proposed ordinance dealing with drive-up windows. Fregonese said their decision was not based on the Ashland Airshed itself but facts developed by the City of Beaverton showing the increase in carbon monoxide. Fregonese said that a public hearing will be held rela- tive to impact of drive-up windows on Historic area. Fregonese said if Taco Bell comes in under the conditions set by that criteria, they would be coming in under a Conditional Use Permit. On question of Smith as to conditions under C.U.P., Fregonese said that traffic patterns would be addressed; that requirements would include two parking spots immediately available so people could get out of line and wait for a long order; applicant would be required to show as a condition that the line can operate with no more than 5 minutes as an average wait in line and should a longer wait be determined then the C.U.P. would be in jeopardy. Reid asked Fregonese what intent- ions the Planning Commission has relative to drive-up windows and Fregonese said they have been studying the issue and moving toward development of an ordinance. On question of Reid as to how the Planning Commission intends to rule on applications, Fregonese said h is not in a position to predict the Commission's decisions, but t~ey have voted on the concept. Mayor Medaris opened the public hearing. Tom Howser representing the applicant said the Beaverton criteria was based on computations made ten years ago. Howser submitted materials for the record which included statistics on waiting time for drive-up window service from different fast food operations, scorecards used in the business for inspection and evaluation of service, excerpts from Annual Report by DEQ relative to Air Quality, Air Quality Maintenance Area 1 Con- trol Strategy for Medford and Ashland, Testing results from DEQ and various traffic stats etc. Howser reviewed the exhibits with Council and introduced Dennis Westcott, franchise holder for six stores of 27 Old Stage Road, Central Point/w~id he had not noticed any ap- preciable increase in either traffic or litter at their stores and said the litter is controlled by routine checks. 5/15/84 P. i Regu]a! Meeting Ashland City Council 5/15/84 P. 2 TACO BELL APPEAL cont. Heidi O'Harra, 831 Royal, Medford as manager of the Medford store said the drive-up windows are monitored for speed and checked by the bosses who come through the line. O'Harra said the business has increased By about 45% and half of the business is done at the drive- up window. On Reid's question as to whether there is any objection- able odor at the window O'Harra said she hadn't noticed nor did any of the employees come to her with a complaint of that nature. Brian Hall, Mgr. of the Ashland store said if Taco Bell is given approval many young people could be employed there. Hall said there has not been a litter problem and that petitions had been signed at the counter and at the drive-up window (made part of the record) supporting the drive-up window service. Hall pointed out that the petition was signed by business people in other fast food stores & drive-up businesses. The manager of the Central Point Taco Bell said he has never had an absentee problem with his employees as a result of pollution at a drive-up window and that litter has been more of a problem at a store without the window since the customers drive away with the food. He added that he receives ten applicants a day because hours can be worked to fit in with students' schedules. 2 . Doub Ober, consultant for CH M-Hxll who had worked for DEQ for a period of five years gave testimony on emissions of carbon monoxide and gave variables concerning the operation of vehicles as to how the air is affected and said that drive-through windows create no more of a problem than an automobile looking for a parking space. Ober reviewed the problem that the City of Medford is experiencing because of the concentration of congestion caused by parallel streets in and out of the City plus the freeway traffic. Ober agreed with the five minute limit for service and said that consideration should be given as to proximity to residential neighborhoods and that a distance of at least 200 ft. should be permitted. Ober discussed the conditions in other parts of the country and why the chemical reactions are different in different areas, elevations etc. Ober said the condition and age of the vehicle is more important than whether the car is parked or goes through a drive-up window. Samantha Dedrick, 2205 Ashland Street spoke as an employee and called attention to the service for handicapped persons. Paul Powelt, Taco Bell General Manager, noted he has been manager for a period of six years with drive-through experience and said as far as fumes are concerned he has never had a complaint from an employee or a customer. Powell said the parking lot and area around within 100 yds of the property line is constantly monitored for litter and said that 80% of the times window service takes between 1~ to 2 min. Elmont George, 401 Dead Indian Road, Fixed Base Operator of Ashland Municipal Airport reported on the prevailing winds in Ashland saying ........... continued 5/15/84 P. 2 Regula~ Meeting Ashland City Council 5/15/84 P. 3 TACO BELL APPEAL cont. that winds are calm in the morning at about 5 knots prevailing from the Northwest and in the afternoons go to 10-25 knots and usually wind is reduced to 2 knots coming in from the South in the evening. Rex Johnson, 872 Bogeda Way, Rodeo, CA specialist in speedy service reported that he checks each branch operation every three months and said that some services take only 35 or 40 seconds and whenever times and service demands are violated as Franchise owners he dis- cusses the problem to ensure the successful image of Taco Bell. Johnson said that litter control is monitored up to a radius of a block of the store and general area is policed every half hour. Elliott Reinerr, Chamber of Commerce, expressed concern on decision which would affect a business in the City and cautioned Council that decisions shouldn't be made on emotions. Reinert said that it seems strange that the people who apparently turned down the I & M issue which would control the problem didn't think there was a significant enough problem to warrant the proposal and then would support pro- hibition of a drive-up window and in essence give the burden to the person operating a business through the use of a drive-through window. Reinerr asked consideration of the Cityts business posture which result in their decision. Donna Gager, 1176 N. Main St. said that her daughter has worked for Taco Bell and it has afforded her a good education on running a business along with the opportunity to work and learn about employee management and the responsibility it carries with it. Vicki Neuenschwander, Tolman Creek Road, spoke in opposition as a near-by resident saying that after hearing the testimony one would think drive-up windows are beneficial to one's health. Neuensch- wander said she has attended all of the meetings on the subject since McDonald's first applied for their organization and had brought a sack of trash picked up near Taco Bell to illustrate the litter problem around the site to the Planning Conmission meeting. Neuensch- wander said the litter was piced up in front of her house and that it lies all along Tolman Creek Road in the ditch in each direction the TCR runs. Neuenschwander said that CPAC had done a survey and found that most people are against~driveup windows at fast food rest- ruants and added that the air conditioning & cooling systems in automobiles suck of the pollution in parking lot situations. Neuen- schwander said that she is not against a healthy economy but that it has been decided that Ashland doesnit want polluting industries and that preventive measures should be considered so that we are not in a position to have to correct what we allowed to happen. In rebuttal Howser said he is not looking at a great impact on Ash- land and said the employment of youth will be beneficial to the City on an entry level. Howser said he would not like to see us go from unique to eccentric and said there is not significant evidence to show there is a pollution problem and there is no ordinance which denies drive-up windows. At this point the public hearing was closed. 5/15/84 P. 3 Regulay~eeting Ashland City Council 5/15/84 P. 4 TACO BELL continued On Acklin's question of Fregonese as to when Council might expect the ordinance being proposed by the Planning Commission as regards drive- up windows, Fregonese said that a public hearing will be held in the beginning of June and Council will probably receive it by July. Howard asked what the object of the escape lane and was told by Freg- onese that one could get out of line if necessary. On question of Laws as to application of problem in Comprehensive Plan, Fregonese said fuel consumption/pollution is covered in Chapter 10 where drive- up windows are discouraged and that use of bicycles and walking were encouraged alone with carpooling/ride sharing. Reid asked Freg- onese if Taco Bell request went back to the Planning Commission would it be accepted and Fregonese he would not presume to know how they would vote but they have agreed on concept and the Commission and CPAC are working toward a compromise on the issue where it would be handled by C.U.P. criteria. Acklin noted her interest in implementa- tion of I & M standards and said talks with experts described the problem Medford is experiencing with chemical pellutants resulting from condition of automobiles, traffic patterns etc. and is delighted with the interest and efforts shown on the problem by the Planning Commission and CPAC. Acklin noted that people are against pollution but when Council attempted wood stove pollution criteria measures a referendum placed on the ballot defeated the effort. Acklin suggested denying the appeal without prejudice in future so that when we have the ordinance the application could be reevaluated. Howard said that Council is in a position to consider facts which are before Council at this time. Smith said she has received many calls from people opposing drive-up windows as not being in keeping with the environment of Ashland. Reid said she is not convinced that CO is not a problem and agreed with Neuenschwander that an increase in traffic in the Bi-Mart area could cause pollution and that the City should have a right to say we do not want drive-up windows. Reid said she is impressed with the employment opportunity for teens since it is a real need in this community. Laws suggested that decision of Planning Commission be upheld and findings be changed and that one finding include that drive-up windows are contrary to unique quality of the Community which results in Tourism and added he doesn't think it eccentric to protect the stability of business created by Tourism. Laws said he thinks it appropriate to regulate environment and he is not anti-business. Howard moved to grant appeal with conditions calling for two parking spots and escape lane; Reid seconded the motion which passed with Howard, Reid and Acklin voting YES. Laws and Smith opposed the motion. Acklin moved to not adopt the findings of the Planning Commission based on lack of evidence and Reid seconded the motion which passed unanimously on voice vote. Acklin moved that Council's findings read that "there is no reliable documented evidence to indicate the request would impact Valleywide air quality"; Reid seconded the motion which passed with all voting in favor with the exception of Smith and Laws. 5/15/84 P. 4 ~egular Meeting Ashland City Council 5/15/84 P. 5 COMMUNICATIONS, PETITIONS & REMONSTRANCES Winburn Way Closure SOSC COMMENCEMENT Arts Council Grant Request Ski Asbland Plans Sidewalk Sale Permit UNFINISHED BUSINESS Lithia Homes Erosion GRANITE ST. PAVEMENT CUT A letter was read from Ashland Junior H. S. requesting closure of Winburn Way on June 5, 1984 from 8:00 A.M. to 12:00 P.M. for a concert. Laws moved to approve; Reid seconded the motion and on voice vote passed unanimously. A letter from SOSC was read requesting closure of Winburn Way for Commencement exercises on June 2, 1984 from 8:00 A.M. to 12:00 Noon and Smith moved to approve; Acklin seconded the motion which passed unanimously on voice vote. Postponed to June 5, 1984 Council meeting. Information only. A letter requesting permission to hold two sidewalk sales (on May 18 and 19, and August 17 & 18) was read from the Chamber of Commerce and Smith moved for approval; Laws seconded the motion which passed unanimously on voice vote. City Attorney Salter reviewed the Engineering problems at Lithia Homes relative to the results of the Judge's decision to implement the Type One remedy for the problem and noted Staff recommends that an Engineer who is an expert in erosion control and subdivisions be sought to make recommendations relative to possible immediate hazards and long term problems. Salter said he doesn't believe that Cooper will be able to complete the recommended work before this Winter and if in the opinion of the Engineer that hazards exist, ~hen the Developer should be required to correct any such hazards on a perman- ent basis. Salter said that once the matter of hazards is corrected then the Planning Commission should consider whether or not to revoke the subdivision and PUD approval. Acklin moved to employ an Engineer who would be an expert in erosion control and subdivision develop- ment. Smith seconded the motion and suggested that an 'engineer from outside the area and Acklin agreed. The motion passed unanimously on voice vote. The City Administrator reviewed the request by Jake Denlinger to cut a portion of Granite Street which has been newly paved and under the five year moratorium to install water and sewer stubs and noted that abutting property owners were notified of the request. The location of the lot to be served was shown on the map and Smith said she understood that there is still litigation between the property owners in the area and Mark Cooper. Denlinger said there is an easement available and told of plans for patching the street in a manner which would be acceptable and said the other problems will be worked out. On Smith's question as to whether Denlinger owns the property, he said he has earnest money down on it with contingencies. MarilynMarthoski asked Council to deny saying the easement does not show up on her deed and that it is being checked out. Martho~ki continued by saying she was forced into an assessment district for pavement she didn't want and now doesn't want the road disturbed or dug into. Tim Rutter requested disapproval of the request saying he just had his road graded and doesn't want it torn up. ...... continued 5/15/84 P. 5 Regular,Meeting Ashland City Council 5/15/84 P. 6 GRANITE ST. CUT cont. LIQUOR LICENSE REQUESTS MAYOR'S APPOINTMENTS PUBLIC FORUM Rutter said Everett Swain attempted to survey but was asked to leave the property by Cooper and it will be necessary to get a court order to get the job done. Mary Ann Santee said she was not in the assess- ment district because she doesn't front on Granite but cautz~oned Council that a small cut wouldn't be possible with the huge boulders in the street and once they are disturbed it is well known what happens to the road's surface. Laws said it is important that Council consider the question before them and allow litigation matters to rest with the neighbors and the court. Laws added that past pavement cut requests have been allowed where someone had a need on their property and if the policy is to be changed then there should be conditions placed on the requests. Reid said she remember- ed a denial on Prim Street where a hot-tub had been planned and that we have always asked CPN for details on need and further that we should know if the easement is valid before considering a cut. Reid said when that has taken place then there is time to go back and consider cut. Smith said Council should have the easement before them before allowing a cut and doesn't feel prejudiced in the matter. Acklin said she feels Laws has some good points in saying Council shouldn't be biased but she doesn't think this is the case now. Howard said if a street cut is requests, who asks for the request. Alsing said the question is who needs the service and the questions isn't who the owner is. Laws agreed that Council should have the easement clarified before considering. Alsing said as far as cuts are concerned that he would prefer not to have the streets cut. Alsing said that in previous requests which were granted the moratorium had run most of its term and noted that all property owners are given the opportunity to stub in services before paving is begun. Smith moved to deny request; Reid seconded the motion which passed unanimously on voice vote. Blanket renewal of liquor licenses were requested and Acklin moved to approve; Smith seconded the motion which passed unanimously on voice vote. The names of Mark Farmer for Economic Development Commission and Bill Marschall for Traffic Safety Commission were submitted for Council consideration for service by Mayor and Acklin moved to approve appointments; Reid seconded the motion which passed unani- mously on voice vote. The City Administrator requested that a proposed outdoor food service area at Jazmin's be considered on request by O.L.C.C. for Council approval and asked that it be placed on agenda due to time restrict- ions. Smith moved to place on agenda; Acklin seconded the motion which passed unanimously on voice vote. Almquist showed rendering of plans and Director of Public Safety Lively said he had met with the applicants and approved their proposal. Howard moved to approve; Reid seconded the motion which passed unanimously on voice vote. 5/15/84 P. 6 Regular Meeting Ashland City Council 5/15/84 P. 7 ORDINANCES, RESOLUTIONS & CONTRACTS Noise Permits Second reading by title only was given an ordinance amending the Municipal Code with respect to noise permits and Smith moved to adopt; Acklin seconded the motion which passed without opposition on roll call vote. Morada Lane Improvements Second reading by title only was given an ordinance ordering the improvement of Morada Lane from Tolman Creek Road to Greenmeadows and Howard moved to adopt; Smith seconded the motion which passed unanimously on roll call vote. Carriage Parking A resolution establishing carriage parking area on the Plaza was read and Smith moved to adopt; Acklin seconded the motion which passed unanimously on roll call vote. OTHER BUSINESS FROM COUNCILMEMBERS Senior Program Reevaluation Plans Laws noted that a complete reevaluation and goal setting is being done for the Senior Program and that meeting will be held every Wednesday for the next six weeks. Laws asked that Council defer scheduled goal setting meeting from August to September in the event there are changes and invited Councilmembers to the meetings. Council agreed to change goal setting schedule. Public Safety Report Director Lively reported that the trip made by Almquist, King and himself to the East to research programs on Public Safety was a success and will report back as our program is implemented by concepts picked up on meeting. Street Venders and City Recorder's salary The Mayor requested that two items be placed on agenda for considera- tion and Acklin so moved; Smith seconded the motion which passed unanimously on voice vote. The Mayor named Gretchan Wilson, Terry Grant, Greg Williams, Diane DeBey, Don Laws, Pat Acklin and Lee Howard to Crafts Fair Committee and Almquist, Salter, Reinert, Mickelson and himself to act as Ex officio members. Reid asked that John Van Landingham be notified and Smith requested same. Mayor Medaris requested that matter of City Recorderrs salary request be made public and therefore be placed on next agenda. Council agreed. ADJOURNMENT The meeting adjourned at 10:35 P.M. Nan E. Franklin City Recorder L. Gordon Medaris Mayor 5/15/84 P. 7