HomeMy WebLinkAbout1997-0916 Council Mtg MINMINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
September 16, 1997
PLEDGE OF ALLEGIANCE
Chairperson Councilor Hauck called the meeting to order at 7:00 p.m., Civic Center Council Chambers.
ROLL CALL
Councilors Laws, Reid, Hauck, Hagen, Wheeldon and DeBoer were present. Mayor Golden was absent.
APPROVAL OF MINUTES
The minutes of the regular meeting of September 2, 1997 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
1. Presentation of Lifesaving Medals and Certificates to Fire Department.
Councilor Hauck recognized Fire Chief Keith Woodley and Assistant Fire Chief Don Paul with Lifesaving Medals
and Certificates which were presented to them from the Oregon Health Division, on behalf of Oregon's entire EMS
community for their roles, while off-duty, in the June 27, 1997 lifesaving effort of a cardiac arrest victim.
2. Introduction and Presentation by the Senior Program Board.
Senior Program Director Sharon Laws introduced Larry Hill and Betty Seymour, members of the Senior Program
Board. Mr. Hill gave brief outline of the Senior Program and history of the Senior Program facility. He explained
that the Senior Program began in 1973 by Roland McCannon. With the monetary help of the City of Ashland,
federal grants, and personal donations the program started in a 1,200 square foot building at Hunter Park. The City
of Ashland took over the program in 1981. He reported that with the help of the City, federal grants and personal
donations, a new 1,200 square foot addition was completed.
Ms. Seymour gave an overall outline of present programs provided by the Senior Program. Noted that the addition
to the senior activity center would allow additional programs and activities.
Councilor Reid, liaison to the Senior Program, noted how the Board had addressed the changing face of the senior
community in Ashland, from the need for balanced diets and utility discounts to the need for a more active place
with diverse programs. Sharon Laws noted that the Senior Program would be offering a flu shot clinic again this
year.
3. Reading of Proclamations by title only by Councilor Hauck:
(a) Crime Prevention Month
(b) United Way Campaign Month
(c) Recycling Awareness Week
(d) Ashland Rose Day
(e) Disability Employment Awareness Month
Councilor Hauck read proclamations by title only.
CONSENT AGENDA
1. Minutes of boards, commissions and committees.
2. Monthly Departmental Reports - August, 1997.
3. Confirmation of Mayor's appointments to Housing, Bicycle and Historic Commissions.
Councilors Hagen/Wheeldon m/s to approve consent agenda. Voice vote: all AYES. Motion passed.
PUBLIC FORUM None
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NEW AND MISCELLANEOUS BUSINESS
1. Request for endorsement by the Mayor and City Council of a plan to renovate and upgrade the
Historic Jackson Hot Springs resort.
John Lanz/Kia Sanford/PO Box 1199, Ashland/Presented visual aids along with explanation of the flood damage
to the historic Jackson Hot Springs. Requested that the council publicly endorse the preservation and renovation
project.
The project is to form a collective of local educators and healing practitioners who share a vision of transforming the
existing flood damaged, limited use facility into a premier botanical park, garden and healing center serving the
entire Rogue Valley. The new facility would be named Jackson WellSprings Center which would be a non-profit
organization offering a wide range of benefits to the community. It was explained that additional property would
need to be secured before the project could proceed. It was noted that there is coordination with the adjoining
property owner.
Background information was given on SEEDS, Sustainable Eco-Economic Development Solutions, a public benefit
corporation to build local food efficiency, build sustainable projects, provide for community resource development,
and promote physical, health and environmental education.
Unique landscape features of the property were noted, and it was explained that the location of the natural springs at
the base of the mountain allows riparian plants to grow into an area that would normally be considered more of an
upland zone. Botanical features of the area were discussed as environmental and community resources for physical
and health education.
Lanz explained organization of the present non-profit board to council and asked for the public endorsement of the
council to bring this project to the attention of the community. Councilor Laws endorsed the environmental
education aspect of this project, but not necessarily the organization or the project by itself.
Councilors Laws/Reid m/s to approve the endorsement of the concept of an environmental education and
nonprofit wellness center at this location by a letter from the council. DISCUSSION: City Attorney Paul Nolte
verified for council that the form of an endorsement could be incorporated into a letter. Voice vote: all AYES.
Motion passed.
2. Request by Councilor Wheeldon to update councilors regarding facilitated Council Meeting concerning
City Administrator profile and other issues.
Councilor Wheeldon submitted a letter to council members with six points to use as a discussion format for the
review of the administrator profile before the interview process starts. Wheeldon suggested that the council meet the
24th and 25th of October to go over these items.
3. Request by Ashland Chamber of Commerce for Council to support request to Jackson County to
expedite process to allow location of Rest Stop/Visitor Center on I-5, south of Exit 14.
Ann Seltzer, Chamber of Commerce President, submitted request to council asking that they recommend to the
Jackson County Board of Commissioners that the land use process for the location of Rest Stop/Visitor Center on I-
5, south of Exit 14 be expedited. Read statement that covered all the progress made. Requested that council write
letter to the Jackson County Board of Commissioners supporting the request to expedite the land use process.
Councilor Laws explained that the council may not be aware of the complications with Clear Springs Resort and
environmental constraims that may be involved with the placement of this center. It was noted that the Board of
Commissioners need to review the ordinance that would allow this process to happen.
Councilors Wheeldon/Laws m/s to ask City Attorney to draft letter to Jackson County Board of
Commissioners requesting that they take every possible measure to expedite the land use process for the
location of the Welcome Center/Safety Rest Area, and bring back to council for review. DISCUSSION:
Councilor Hagen noted that Clear Springs Resort has received their approval through the landuse hearing board, and
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asked that the letter only focus on expediting the process for the rest area and not indicate support for the resort.
Councilor Laws requested that "possible" be changed to "reasonable." Voice vote: all AYES. Motion passed.
4. Discussion by Planning Director John McLaughlin on modification of C1 and E1 zoning areas.
Planning Director John McLaughlin submitted suggested amendments to the ordinance dealing with separating out
bars, nightclubs, dancing establishments and other entertainment uses from restaurants. This would make bars and
night clubs conditional uses when adjacent to residential areas.
Councilors DeBoer/ /s to direct staff to work toward an amendment to the ordinance. DISCUSSION:
Noted that following the complete process, with a full public hearing, would allow input from the business
people effected. Voice vote: all AYES. Motion passed.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Second reading by title only of "An Ordinance Amending Chapter 18.62 of the Ashland Municipal
Code - Land Use Ordinance, Adopting New Hillside Development Standards."
Cate Hartzell/881 E Main/Voiced support for the proposed ordinance. Noted that this proposed ordinance was
developed out of a public, citizen-led process and there had been many discussions and meetings. Noted that
property owners choose to live on the hillside for the view and it is important to consider the value of the view of the
hillside shared in common by all citizens. Would like to see minimum impact on the view of our hillsides. Noted
that currently, color and signs are regulated in the commercial districts and structure and appearance of buildings are
regulated in historic districts. Areas are zoned for particular value and assets and with that comes responsibility.
The ordinance recognizes existence of hillside and floodplain zones and calls for the regulation of a variety of
characteristics, including appearance. Stated that regulating color is not a new idea in Ashland, and that this should
be kept in mind in considering this ordinance.
Tim Bewley/1618 Ashland St./Does not believe that there is any current regulation of color in the city, except under
historical classification. Feels that the reality is that the ordinance is coming in the middle of development.
Questioned how the process is structured and what the criteria is in determining legal colors (light reflection value,
hue, chroma, saturation, intensity, value) and would like to see this qualified somewhere in the ordinance. Noted
how quality of color changes with light, and could thus vary at different times of day. Wants to clarify how to
determine what the dominant view is of a hillside building as this will need to be known in deciding on acceptable
colors. Also brought up issues of light pollution at night, and how the color of roof tops and of vegetation are to be
addressed. Does not see where this starts and stops, and so would like to see the color issue revisited.
Claire Collins/315 High Street/Stated that she would like to have seen this process before development of the
hillsides began, but felt this needs to be addressed now. Noted that she participated in prior meetings for the Hillside
Development ordinance. Noted the amount of discussion, planning and research that went into the development of
the ordinance. Would like to see proposed ordinance left as is, mainly because of the hard work that the participants
put into this ordinance.
Mary Wooding/727 Park Street/Resident for 38 years. Appreciates the effort that went into the ordinance, which
she supports, but does not support the color portion. Feels this is a limitation on freedom of expression and
attempting to control what a property owner can do with their own property. Notes that people living in hillside
areas are spending a great deal of money to do so and will present their homes in a tasteful manner, and where color
is concerned they should be able to exercise their own judgement.
Debbie Miller/160 Normal Avenue/Supported the process that was involved in developing the Hillside Ordinance,
and stated that the goal throughout the process was the integrity of the remaining hillsides. Pointed out that there are
societal costs involved when the hillsides are degraded. Asks council to not allow the one sentence about color to
detract from the goal of the whole process, and to focus on maintaining the integrity of the hillsides.
John Fields/845 Oak Street/Supports ordinance due to the community involvement that surrounded the completion
of the proposed ordinance, including participation by members of the design community, geologists and plant
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experts. Noted that one of the issues that was discussed at the committee level had to do with color and other
architectural/aesthetic standards. After a brief outline of discussion, he noted that he took issue with how to regulate
architectural features. Felt that the problem with the issue of color has to do with the fact that color changes, as Tim
Bewley mentioned previously, and how to establish guidelines on color. Feels that the color issue is minimal and
would not like to see this over shadow the positive effects of the rest of the ordinance. Noted that voluntary use of
"subtle colors" would be effective in most cases.
Planning Director John McLaughlin clarified for council that there is wildfire protection plan incorporated in the
proposed ordinance that governs safety of the hillside over the tree protection plan. Explained that in the Historic
District, historic colors are encouraged. In the Commercial District, light and bright colors are not allowed to be
used to attract attention to buildings. Stated that there is a section on building design with mandatory standards on
height limitation (wall heights and where they're measured), building width, pole length for decks, and a mixture of
mandatory and recommended language for roof design.
In reference to the color portion of the ordinance, McLaughlin suggested to council that "shall" be changed to
"should", meaning it would not be mandatory to coordinate colors with the surrounding landscape but would provide
a guideline. Brief discussion of the issue of color and how to communicate the standards as mandatory or ~
recommended. Noted that the maps mentioned on page 8, chapter 18.62.060 are completed and available, and
discussed whether it will be necessary to explain slope parenthetically in degrees after the percentages currently used
in the ordinance. Councilor DeBoer questioned what rights the city has and whether adequate resources are available
to enforce the ordinance with regard to abandoned projects. McLaughlin stated that the language may not be there
for abandoned property, and the bond process may not address abandoned projects quickly enough to remedy
potential flood dangers.
City Attorney Nolte explained that nothing in this ordinance empowers the city to take action in the case of
abandoned projects, although it would likely fall within their authority under the general nuisance/health and safety
sections of the municipal code. In any case, he said it is difficult to address abandoned projects in a timely manner
as the city would need to go to Circuit Court to get an order. Stated that we could add additional language to
expressly give the city authority and add authority to impose a lien if necessary. Nolte feels specific language would
clarify authority in cases where the hillside, or those below it, were endangered because of abandonment. Councilor
Laws suggests that Nolte draft language as an amendment to this or another part of the code, such as subdivision
code or landuse ordinance, addressing city's authority if an immediate hazard exists due to the abandonment of a
project.
Councilors DeBoer/Reid m/s to approve proposed ordinance with substitution of item g for the color section as
prepared by staff. DISCUSSION: Planning Director John McLaughlin clarified for council how staff would
handle discussion of color with an applicant on the wording "should" versus "shall". Explained that staff does not
have specific experience with property owners building on the hillside at this time, but noted very few problems in
the historic district in reaching agreement over colors. McLaughlin felt voluntary compliance would be in the 90-
95 % range, and roughly equal in the multi-family and commercial zones. Noted that there has rarely been any
disagreement, as owners normally understand community's values and want to comply.
Councilor Wheeldon pointed out that this is not about taste. Commented on City Comprehensive Plan and the
aesthetic element in the plan which helped her to make her a decision on this issue. The plan and the expenditure of
Open Space dollars indicates the value the city places on the hillside view. Feels that the citizens do care about
keeping what is left of the hillside. Color is a complex issue, but stated that the ordinance will be administered by
people, at the discretion of the Planning Director, and will give the proper attention to a significant aesthetic resource
in Ashland.
Councilor Laws noted his appreciation for the outstanding work and the time spent by those involved in the process
of preparing this ordinance. He has observed no consensus of agreement within the community to support the color
regulation in the ordinance. Does not think it is worth the fight, bad feelings or possible lack of confidence to stick
with the work "shall".
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Councilor Reid noted a letter that commented on the fads of color in past years. Feels comfortable with the new
wording suggested for the ordinance. Commented on the variety and uniqueness of our community.
Councilor Hagen stated that we are late in the development process, and we are not the first city to address hillside
development or the issue of color on the hillsides. Thanks citizens for carrying this process through to this point.
Notes that color is a design element, along with other areas addressed in the ordnance, and does not think it is too
much to ask that developers minimize the impact color on the hillside.
Councilor Hauck commented on a letter that stated houses will continue to be built and this ordinance will merely
minimize their impact. Explained that the issue came down to one of absolute autonomy versus community.
Council DeBoer spoke about regulation versus guidance, noting that while this gives guidance, he has a problem with
a compliance officer dealing with an owner who has painted their home a color other than what it was originally
painted. Doesn't think it could be enforced.
Councilor Wheeldon stated that homeowners will have to follow covenant's color for their home and that this
provides an opportunity to educate property owners. Felt that the covenant is less of an issue and suggested looking
at the ordinance in a couple of years in terms of enforcement of ordinance.
Councilor Hagen noted that many things in the code are enforced on complaint basis only and the color issue is no
different.
Councilor Laws pointed out that it appeared the council was split on this issue and would mean that the proposed
amendment to the ordinance would lose. He would be prepared to vote against the whole notion if this amendment
loses in order to force it to come up again when the Mayor is present to break a tie. Laws suggested that rather than
do this, he would like to postpone this until the next meeting.
Councilor Laws/Wheeldon m/s to table issue to next council meeting. Roll Call vote: Laws, Hauck and
Wheeldon, YES; Reid, Hagen and DeBoer, NO. Motion failed.
Councilor Reid called for the question on Councilors DeBoer/Reid m/s to approve proposed ordinance with
substitution of item g for the color section as prepared by staff. Roll Call vote: DeBoer, Reid and Laws, YES;
Wheeldon, Hagen, Hauck, NO; Motion failed on a tie vote.
City Attorney clarified for council that if a motion was made to approve the proposed ordinance as is, and it failed,
the ordinance would not be adopted. Explained that it could be motioned, by someone who voted in favor of the
motion, for reconsideration at the next council meeting.
Councilors DeBoer/Reid m/s to postpone second reading of proposed ordinance to next council meeting for a
re-vote. Roll Call vote: Laws, Reid, Hauck and DeBoer, YES; Hagen and Wheeldon, NO. Motion passed 4-2.
2. Second 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/Reid m/s to approve Ordinance # 2806. Roll Call vote: DeBoer, Wheeldon, Hagen, Hauck,
and Laws, YES; Reid, ABSTAINED. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
Councilor DeBoer requested that public notices placed in the newspaper memioning the consent agenda should be
more descriptive.
Councilor Wheeldon congratulated the City Recorder on the publication of the first issue of the Ashland City Source
city newspaper.
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Councilor Reid noted that a group of volunteers from the Pacific Northwest Natural History Museum is still trying to
keep the museum afloat.
ADJOURNMENT
Meeting was temporarily adjourned at 9:00 p.m. to be reconvened to Wednesday, September 17 to consider revision
to tax levy with regard to the Youth Activities Levy, followed by a study session at 12:30 on the LID process.
tgarbara Christensen, City Recorder Catherine M. Golden, Mayor ·
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