Loading...
HomeMy WebLinkAbout1997-0902 Council Mtg MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 2, 1997 PLEDGE OF ALLEGIANCE Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers. ROLL CALL Councilors Reid, Hauck, Hagen, Wheeldon and DeBoer were presem, Councilor Laws was absent. APPROVAL OF MINUTES The minutes of the Regular meeting of August 19, 1997 was approved with amendment to page 5; OTHER BUSINESS FROM COUNCIL MEMBERS; second paragraph; third sentence should reflect that issue discussed was from a letter submitted and not directly from Mayor Golden. Study Session minutes of August 26, 1997 were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Presentation of 30-year Service Award to Electric Customer Service Technician Jim Smith. Mayor Golden noted the dedication and service to the city by Jim Smith and awarded 30-year service award. 2. Mayor's Proclamation of September 2-5 as "Back to School Safety Week." Mayor Golden read proclamation of "Back to School Safety Week". CONSENT AGENDA 2. 3. 4. Minutes of boards, commissions and committees. Monthly Departmental Reports - August, 1997. City Administrator's Monthly Report - August, 1997. Confirmation of Mayor's appointment of Don Bieghler as City Band Director as recommended by the Band Board. Request by Public Works Director for a street cut on the alley off 2nd Street. Councilor Wheeldon requested the item//3 be pulled and placed on the agenda for discussion. Councilors Hauck/Hagen m/s to approve consent agenda items #1, #2, #4 and//5. Voice vote: All AYES. Motion passed. PUBLIC FORUM Rick Vezie/446 Walker/Spoke regarding his role in the Space Needs Committee and his concern of how one council may not be bound to uphold prior council decisions. His impression is that the current council intends on building at the East Main location. Questions how future councils would make decisions on future City Hall building decisions. Stated that on Dec. 5, 1995 there was discussion with Mayor and City Administrator on space need issues. At that meeting, the mayor instructed the administrator to keep Mr. Vezie in the loop and informed, but this has not happened. Vezie believes that the City Administrator has not followed the direction of the Mayor. Mayor Golden suggested that the sub-committee be re-convened to go over issues and concerns regarding the renovation and building of the future city hall building. Golden stated that the council will strive to try harder to keep Mr. Vezie in the loop and informed regarding this issue. Council Meeting 9-02-97 PUBLIC HEARINGS 1. Planning Action 94-117. A request for a Site Review and Outline Plan Approval for a 7-lot multi- family townhouse project on Church Street, West of North Main (Norbert and Phyllis Bischof, applicants). Planning Director John McLaughlin explained that the applicant agreed with the staffs findings regarding the denial of application for a plan approval. The applicant submitted a letter requesting withdrawal for consideration of the original seven unit Church Street project approved by the Planning Commission. The intention of the applicant, is to submit a modified proposal to the Planning Commission and to have the original approved application voided with the Planning Commission. The applicant believes this would allow the process to start anew. City Attorney Paul Nolte advised council to formally accept letter of withdrawal and void Planning Commission approval of this project which would require the applicant to file a new application. Councilors Reid/Hauck m/s to accept letter of withdrawal and to void Planning Commission approval. DISCUSSION: McLaughlin clarified for council that it would be in the interest of the City that this application begin anew rather than continue patching the application along. It was determined that applicant would have to begin entire process over again and would need to pay all fees associated with submitting a new application. Council discussed the time loss by the city staff to make this project work and others involved in this project. McLaughlin stated that this is an unusual incident and there is nothing in the process that would allow this to happen over and over again. Roll Call vote: Reid, Hauck, Hagen, Wheeldon and DeBoer, YES. Motion passed. 2. Planning Action 97-067. A request for an amendment to Ashland Land Use Ordinance Removing the Requirement for Annual Reviews for Traveler's Accommodations. Planning Director John McLaughlin explained that the amendment is to have the ordinance match up with current practices. It is the staff's opinion that Traveler's Accommodations have been functional with the neighborhoods and should there be a problem, the neighbors have the opportunity to specifically address the issue. The recommendation is to remove language that requires a three year review process. Explained that should there be an issue with a new Traveler's Accommodation, there will continue to be a notification method in notifying neighbors, if required by the Planning Commission. Explained that they will still maintain revocation procedures if the Bed & Breakfast gets out of compliance with the conditions. They will also continue to maintain the process of when there is change of ownership and that notification is sent out to surrounding property owners. Councilor Reid disclosed that she is an owner of a Traveler's Accommodation. City Attorney Paul Nolte advised Councilor Reid to abstain due to conflict. PUBLIC HEARING OPEN: 7:40 p.m. Phillip Lang/758 B Street/Opposed proposed change in ordinance, believes that repealing ordinance is acting in bad faith. Stated that this ordinance has not been enforced for six years. Submitted copy of letter submitted to the Planning Commission, which voted for repeal of the proposed ordinance. The letter stated that the response was due to expressed public concern. Commented on the history surrounding Traveler's Accommodations. Concerned that the ordinance had never been enforced and was not in agreement with the solution of repealing the ordinance. Lang would like the city to enforce the current ordinance and determine results from enforcement. It was explained to Mr. Lang, that one of the reasons for repealing the ordinance was because enforcement of this lies within the jurisdiction of the county. PUBLIC HEARING CLOSED: 7:50 o.m. McLaughlin explained for council the differences between Type I and Type II review and the process of notification. Clarified that the three year review had been in effect since 1982 and enforced from 1982 until 1990 with no response of significance. Previous discussion dealt mainly with the size of Bed & Breakfast units. Explained that the burden was put on the owner to apply for the review process. Council Meeting 9-02-97 2 It was suggested that a review of Bed & Breakfast units be implemented through the business license renewal process. This may allow a way of keeping a more up-to-date file on Bed & Breakfast units. McLaughlin explained that under the current ordinance, when there is a change of ownership, there would be notification and a Type I review for at least the first three years. Concern was raised that when an owner sells their Traveler's Accommodation, that the new owner is subject to approval and not automatically approved. Council discussed that in the past, the idea of Bed & Breakfast units were more contentious than they are currently. Examples of violations to ordinances were given where enforcemere of these violations are dealt with on a complaint basis. It was pointed out that this should not restrict complaints regarding Bed & Breakfast units. McLaughlin explained the annual blanket review process and then the procedure by the B&B's for permanent permit of the facility. Once the permanent permit is issued there is no annual review or neighbor notification, except the required annual health inspection. Councilor DeBoer raised concern regarding dropping the Type II wording in the ordinance. McLaughlin explained that this language would be more standardized and would be the same approval process as other conditional use permits. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. First reading by title only of "An Ordinance Amending Chapter 18.62 of the Ashland Municipal Code - Land Use Ordinance, Adopting New Hillside Development Standards." Planning Director John McLaughlin explained the changes requested by the council at the recent public hearing. Grammar and editing of changes were made at the suggestion of the City Attorney. Pointed out changes which included excepting the Historic District from complying with the Building Design section of the standards increasing horizontal building planes from 35' to 36', define "long pole" supports on decks to "vertical supports in excess of 12 feet", and limiting the application of color restrictions to the construction of new dwelling units on Hillside Lands. Explained that the new wording on color selection requires that when an applicant for a Physical Restraint Review Permit is made to construct a new dwelling on Hillside Land, the color selected for the structure would comply with the ordinance. A covenant is required to be recorded on the property regarding color restrictions, ensuring future compliance. Existing homes would be exempt from the requirement, even if they are substantially remodeled or square footage is added requiring a development permit. McLaughlin reported that the city attorney had also recommended changes in the language of the Penalties section to remain consistent with the Building Code and other ordinance provisions. Mayor Golden voiced her dislike of the color restrictions for the Hillside Standards. Council discussed the need to have Hillside Development blend in with the hillside. Mayor Golden and Councilor Reid declared their potential conflict through personally owned hillside property. Councilor Hauck motioned that the sentence, "The use of very light or bright colors shall be avoided.", be removed from chapter 18.62.080, section E, subsection g. Motion lacked second. McLaughlin questioned if council wanted to have the color selection as a recommendation or mandatory. The language as it is now in the proposed ordinance makes it mandatory. Stated that if the council does not want to makes this mandatory, it would be unenforceable and would be used as a guideline with "shall" changed to "should". Council discussed supporting the ordinance because of the good work that went into it, but concern was discussed involving the legislation of color for homes. Council discussed dropping the portion of the ordinance that deals with mandatory legislation of color for new construction. Councilor Reid felt that by dropping this portion of the Council Meeting 9-02-97 3 ordinance, that the ordinance would be a great document. Reid stated that the intentions are good, but does not believe that in the long term it will take us where we want to go. Councilor Hagen noted that at the committee level, color was an issue, as was vegetation, erosion, fire issues, etc. Councilors DeBoer/Reid m/s to approve ordinance for first reading by removing entirely Chapter 18.62.080, section E, subsection g. DISCUSSION: Councilor Wheeldon did not feel comfortable taking this section out, that conversation needed to be held, even if it could not be mandated or required. Councilor DeBoer believes that this portion of the ordinance would be unenforceable. Council discussed possibly changing the wording of the motion that left the discussion in regarding color, but did not make mandatory. Councilor Hauck does not support telling property owners what color to paint their homes, but also does not support removing the entire paragraph. Hauck would like to find a solution that met these concerns without making it onerous. Roll Call vote: Hauck, Hagen and Wheeldon, NO; DeBoer and Reid, YES. Motion denied 3-2. Councilors Hauck/Wheeldon m/s to approve ordinance for first reading and place on agenda for second reading with amendment to ordinance striking sentence in Chapter 18.62.080, section E, subsection g; "The use of very light or bright colors shall be avoided". DISCUSSION: Councilor DeBoer opposed to this being put on the title of a property as a covenant. Roll Call vote: Reid, Wheeldon, Hagen and Hanck, YES; DeBoer, NO. Motion passed 4-1. First reading by title only of "An Ordinance Amending Sections 18.24.030.K and 18.28.030.J of the Ashland Municipal Code - Land Use Ordinance, Removing the Requirement for Annual Reviews for Traveler's Accommodations." Councilors Hagen/Hauck m/s to approve first reading of ordinance and placing on agenda for second reading. Roll Call vote: Hauck, Hagen, Wheeldon and DeBoer, YES; Councilor Reid abstained due to personal conflict. Motion passed. 3o Second reading by title only of "An Ordinance Repealing the Sunset Clause for the Chronic Nuisance (Party House) Ordinance." Councilors Hagen/Hauck m/s to approve Ordinance #2805. Roll call vote: Wheeldon, DeBoer, Reid, Hauck and Hagen, YES. Motion passed. 4. Contract with David M. Griffith & Associates, Ltd. for City Administrator recruitment services. Mayor Golden explained that the intention of contracting with David M. Griffith & Associates is to coordinate community input. Mayor Golden hopes that this process will allow the community to give guidance and direction on what they feel are important qualities and attributes in the City Administrator. Explained that the rough draft of the profile would be available for public view in the mayors office. Encouraged people to pick up a copy and submit comments. Stated that this would need to be done within the next week and comments would need to be returned by September 8th. It was suggested that the media may like to have a copy of the preliminary profile of the new city administrator. Councilor Wheeldon questioned if the travel included per diem. Wheeldon requested that a break down of the $3500 expenses and allocation of these resources be made available. Explained that she would like to see the proposed allocation of this expense, before the expenses are actually incurred. Council discussed the appropriateness of questioning the $3500. Mayor clarified that she is proceeding with the recruitment and selection of the new City Administrator with the city attorney. It was clarified that the city attorney does not work under the city administrator, but answers directly to the council. Council Meeting 9-02-97 4 Councilors Hauck/Hagen m/s to approve contract with David M. Griffith & Associates. Voice vote: all AYES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Wheeldon brought attention to the City Administrators monthly report which was item #3 from the Consent Agenda. Wheeldon felt that this report was an excellent example of the depth of responsibilities that the city administrator has and the amount of time spent on many different issues. Wheeldon brought up the idea previously discussed regarding holding a team building session. She did not believe that this would be necessary, but would rather have a session where the council dealt with larger issues and vision for the community. Wheeldon suggested that this be facilitated and questioned doing a combined team building with staff. There was consensus among councilors to allow Wheeldon to pursue this objective in coordination with the Assistant City Administrator Greg Scoles. Mayor Golden advised council that she would like to reconvene a committee to discuss space needs. Golden felt that the focus of what is being done is slightly different and because there was criticism as to the balance of the previous committee. The committee would bring a list to council for consideration in reviewing some of the ideas that have come forward. Councilor Reid commented that during the previous discussion with prior council on this subject, there had been much emphasis put on not incumbering future councils. Commented on how proud she is of what remodeling has taken place in the downtown city hall and does not want to diminish what has been accomplished. Councilor DeBoer stated that he would like an add alternate on the proposed building for the extra 2200 square feet. He would like to have options remain open for discussion. Golden explained that the committee would focus on the dowmown city hall. The intention is to get input from the Historic Commissioners, downtown merchants, past and present councilors on what is being done in the downtown area. ADJOURNMENT Meeting was adjourned at 9:08 p.m. Barbara Christensen, City Recorder Steve Hauck, Chai on Council Meeting 9-02-97 5