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HomeMy WebLinkAbout1989-0502 REG MINMINUTES OF THE REGUL2~MEETING XSHLAND CITY COUNCIL 14~Y 2# 1989 PLEDGE OF ALLEGIANCE Mayor Catherine Golden led the Pledge of Allegiance and called the meeting to order at 7:30 P.M. on the above date in the Council Chambers. Donovan, Reid, Williams, Acklin, Winthrop and Arnold were present. APPROVAL OF MINUTES Councilor Winthrop noted that on page three, second to the last sentence from the end of the first paragraph "A citizen" should be "Katie Thorsheim". Acklin moved to approve the amended minutes of April 18, 1989 and the minutes of the Executive Session of April 11, 1989, Williams seconded the motion which passed unanimously on voice vote. AWARD OF BIDS City Administrator Almquist reported on the results of the bids for the Downtown Improvement Project and said U.S. National Bank of Oregon's bid was lowest at a true percentage rate of 6.69%. The resolution was read accepting the low bid. At 7:35 P.M. Councilor Acklin moved to accept same, Winthrop seconded the motion which passed unanimously on roll call vote. (Reso. #89-08) UNFINISHED BUSINESS Affordable Housing Committee Mayor Golden requested that the order of business be changed. Acklin so moved and Reid seconded the motion which passed unanimously on voice vote. Winthrop moved to include Wayne Schumacher, Dir. of Housing at SOSC, on the Affordable Housing Committee. Donovan moved to adopt the resolution with the change in the number of members from nine to ten, Reid seconded the motion which passed unanimously on roll call vote. (Reso. #89-09) Military Budget Bill Mayor Golden would like to refer this to the Affordable Housing Committee for review. Winthrop said it is a complex bill. Reid feels it should be modified to apply to Ashland's needs, and would like the Committee's meetings advertised to obtain public input. Reid moved to refer the bill to the Affordable Housing Committee, Winthrop seconded the motion which passed unanimously on roll call vote. Regular Meeting - Ashland City Council - May 2, 1989 - Page 1 SPECIAL PRESENTATIONS Mayor Golden read the following proclamations: 1) National Historic Preservation Week - May 14 - 20, 1989; 2) Municipal Recorders Week - May 7 - 13, 1989; and 3) Nurses' Day in Ashland - May 6, 1989. Acklin requested that the latter be sent to the Ashland Community Hospital for posting. PUBLIC HEARINGS ADDeal of P.A. 88-182 (J. Warren, Applicant, R. Burns, Appellant) City Administrator Almquist noted the items included in the record and read a letter of appeal dated March 17, 1989 from Reid and Elizabeth Burns, 115 N. Main St. Planning Dir. Fregonese explained the project which is a proposal for a 29-unit motel at the intersection of Church and N. Main Streets. He said the new design is more residential with a 20-foot setback in front and 10 feet on the side, and property line disputes should not be resolved by the Council. Salter said a condition might be added that the applicant establish clear title. The Tree Commission made several recommendations for landscaping, and Fregonese said they will be consulted further if the project is approved. Councilors declared site visits. The public hearing was opened. Douglas Baugh, owner of the Queen Ann B&B, 125 N. Main, read the following letters into the record: 1) to George Warren from Norbert Bischof dated March 31, 1989; and 2) to Douglas and Lora Baugh from Norbert Bischof dated April 25, 1989. Both were concerning the neighbors' continued use of the alley which connects Church and High Streets. Reid Burns, 115 N. Main, said the Planning Commission ignored the issue of the alleyway. He is concerned about the use of landscaping to screen his property from the lights and noise of the parking lot. Jack Nichols, architect of the project, said he has not found written dedication easements. Jim Sims, 269 B St., feels the public safety issues should be answered. Jon Warren, applicant, said the Bard's Inn property is only two feet onto the alley and he needs all the parking space available unless a variance is granted whereby he can park across the street. Mark Jenning, 92 Church St., wants to see setbacks retained on Church and N. Main Streets. Ron Kelso said property owners should be aware of legal access to their property when it is purchased. Dane Coefer, 860 "C" St., said a compromise would be to use the alley as the parking lot access. There being no further comment from the audience the public hearing was closed. Reid stressed the need for the alley as a continuous loop from Church to High. Winthrop moved to deny the appeal and modify the Planning Commission's Findings by adding the following conditions: 8) that the site plan be modified to include the Tree Commission's recommendations and 9) that the applicant provide evidence of clear title to the property by June 15, 1989. Adoption of the Planning Commission's Findings of February 8, 1989 (which were signed Mar. 13, 1989) was included in the motion, which passed unanimously on roll call vote. Regular Meeting - Ashland City Council - May 2, 1989 - Page 2 Appeal of Planning Comm. Decision on P.A. 89-009 (Freund & Chotzen) A letter was received from Henry Freund and Claudia Chotzen, 903 Pinecrest Terrace, appealing the Planning Commission's decision to deny a variance for a six-foot fence in the side yard. Planning Dir. Fregonese said the Planning Comm. feels criteria were not met because there are no unusual circumstances, and the existing conditions were self-imposed. This finding should not be adopted because the contractor built the fence without a permit. Site visits and ex-parte contacts were declared by the Councilors. Claudia Chotzen said the six-foot fence affords more privacy, provides some screening from dust on the granite road, and does not negatively impact the neighborhood. The public hearing was opened. The resident of 900 Pinecrest Terrace agreed that the six-foot fence was necessary. Ev Elerath, 840 Pinecrest Terrace, said the requested height should be granted. Jerry Painter, 750 8th, a friend of the applicants, said the six-foot fence is necessary for privacy. There being no further comment from the audience, the public hearing was closed. Winthrop favors granting the variance. Arnold moved to find the criteria was met and to grant the variance, and Reid seconded the motion. Acklin feels the four-foot fence off the precipice of the cutbank would have the desired effect and offer a nicer streetscape. Williams feels the variance should be granted. Donovan said the slope creates an unusual circumstance, and Winthrop said the gravel road does also. The motion carried on roll call vote as follows: Donovan, Reid, Williams, Winthrop and Arnold, YES; Acklin, NO. City Attorney Salter said the configuration of the lot will be included in the findings. Winthrop moved to authorize the Mayor and City Recorder to sign the amended findings, Reid seconded the motion which passed unanimously on voice vote. Croman Corporation Annexation on Mistletoe Road Planning Dir. Fregonese said the land is across from the Croman Mill, they have prepared a nice site plan, and the annexation suits the public need. He recommended the Council adopt the findings of the Planning Commission and C.P.A.C. No comment from the audience. Reid so moved and Arnold seconded the motion. Staff will prepare the implementing ordinances. The motion carried unanimously on roll call vote. COMMUNICATIONS, PETITIONS & REMONSTRANCES Letter from Harry Kieval Requesting Refund of Appeal Fee A letter was received from Mr. Kieval, 740 Park St., requesting the refund of his appeal fee on P.A. 88-095. He feels that LUBA upheld his appeal on the project. Salter said the appeal was remanded Regular Meeting - Ashland City Council - May 2, 1989 - Page 3 Kieval Request to Council to find there is pedestrian access to the property. Reid is in favor of refunding the $40.00 and so moved. Arnold seconded the motion. On a question from Donovan, Salter said this action would not make the Council liable for Kieval's legal fees. Acklin said Kieval's appeal to LUBA was not successful and she would favor a $20.00 refund. The motion carried on roll call vote as follows: Donovan, Reid, Williams, Winthrop and Arnold, YES; Acklin, NO. Letter from Senator Hannon Re: Status of APAC Grant Request For information only, no action necessary. NEW & MISCELLANEOUS BUSINESS Mayor's Appointments Acklin moved to approve the appointment of Angus Brownfield to the Hospital Board, replacing Mike Jewett. Reid seconded the motion which carried unanimously on voice vote. Winthrop moved to approve the appointment of Susan Powell to the Planning Commission to replace Paulette Bridges. Reid seconded the motion which passed unanimously on voice vote. Acklin moved to approve the appointments of the following people to the Affordable Housing Committee, with the inclusion of Wayne Schumacher as an at-large member: Rob Winthrop, Chair; Barbara Jarvis, Larry Medinger, Brent Thompson, Mary Lee Christensen, Ted Banke, Dane Coefer, Laurie Terrall, and Wendy Ray. Donovan seconded the motion which passed on voice vote. Acklin feels the Committee has been put together very well. County Community Service Award Program A letter was received from the County Commissioners requesting nominations of individuals or groups involved in public service to receive a Community Service Award. These awards will be presented monthly at the Board of Commissioners' meeting, and will serve to encourage public service. Names will be submitted to the Mayor for presentation to the Commissioners. Request for Citizens Committee to Draft Air Ouality Strategy Proposals A memo was received from Energy Conservation Coordinator Wanderscheid requesting appointment of an eight person committee to develop a draft program to be submitted to the City Council for action. The Council will suggest individuals to be appointed. Williams noted Ev Elerath's interest in air quality, especially wood-burning. Regular Meeting - Ashland City Council - May 2, 1989 - Page 4 Letter from Parks & Rec. Commission Re: Ashland Gun Club A letter was received from Thomas Pyle, Chair of the Parks & Recrea- tion Commission stating that the Gun Club is operating in a safe and conscientious manner. It noted several actions the Club is willing to take in order to answer a previous complaint from Rebekah Dodds, a resident in the area. Acklin moved to accept the letter and place it on file, Arnold seconded the motion which passed unanimously on voice vote. Ms. Dodds will be notified of the Council's action. PUBLIC FORUM Robert Johnson, N. Mountain Ave., feels the City should improve that road and save money on grading costs. Arnold said cost factors are involved and feels the previous action by the Council in paving a portion of the road was a good decision. Reid feels this can't be addressed now, but might be in the future. Acklin suggested placing the item on file for future consideration. On a question from Ron Kelso concerning Council involvement in the Police Serial Levy, Acklin said they approved placing it on the ballot. There was no further input from the audience. ORDINANCES, RESOLUTIONS & CONTRACTS McFadden Annexation Second reading by title only of an ordinance annexing .51 acres of land on the South side of Siskiyou Blvd., East of Tolman Creek Road. Acklin moved to adopt same, Winthrop seconded the motion which carried unanimously on roll call vote. (Ord. #2502) Second reading by title only of an ordinance withdrawing annexed land from Jackson Co. Fire Dist. No. 5. Williams moved to adopt same, Winthrop seconded the motion which passed unanimously on roll call vote. (Ord. #2503) Second reading by title only of an ordinance rezoning annexed land from County F-5 to City R-2. Winthrop moved to adopt same, Acklin seconded the motion which passed unanimously on roll call vote. (Ord. #2504) Planning Commission Attendance Policy Second reading by title only of an ordinance establishing Planning Commission attendance policies. Donovan moved to adopt same, Williams seconded the motion which passed unanimously on roll call vote. (Ord. #2505) Regular Meeting - Ashland City Council - May 2, 1989 - Page 5 Proposed Annexation at 295 Tolman Creek Rd. {Bonin & Sanchez) First reading by title only of an ordinance dispensing with an election and calling a public hearing to be held on June 6, 1989. Williams moved to second reading, Winthrop seconded the motion which passed unanimously on roll call vote. Downtown Parking Restrictions and Fine Surcharges First reading of an ordinance amending the Municipal Code with respect to downtown parking restrictions and fine surcharges. Donovan said the Downtown Plan Advisory Committee recommended approval of the ordinance, but changing the dates the parking district ban is in effect from June 1-Sept. 30 to May 1-Sept. 30; and that the Council review the parking ban area in the Spring of 1991 when data on parking patterns is available. Reid spoke with Judge Drescher who recommended that parking fines City-wide be raised by $1.00, not just in the down- town area. The Ordinance was read and Arnold moved to second reading. Donovan seconded the motion which passed on roll call vote as follows: Donovan, Williams, Acklin, Winthrop and Arnold, YES; Reid, NO. Extend Floodplain Construction Moratorium First reading of an ordinance extending the moratorium on construction in the floodplain for 90 days. Arnold moved to second reading, Acklin seconded the motoin which passed unanimously on roll call vote. Amendment to Sewer Rate Schedules A resolution was read amending the Sewer Rate Schedules with respect to Storm Drainage fees. Arnold moved to adopt same, Acklin seconded the motion which passed unanimously on roll call vote. (Reso. 89-10) OTHER BUSINESS FROM COUNCIL MEMBERS Senior Program Board Mayor Golden received a letter from Mavis Cloutier which said two Councilors should be on the Senior Program Board. Williams sees no reason for this and suggested that the membership be changed to include one Councilor. Arnold moved to place the item on the agenda, Williams seconded the motion. All AYES on voice vote. Arnold moved to instruct Staff to bring back a resolution making the recommended change. Donovan seconded the motion which passed unanimously on voice vote. Golden mentioned the letter regarding the Ashland Planning Festival and Acklin said she would go to the organizational meeting on May 3rd. Regular Meeting - Ashland City Council - May 2, 1989 - Page 6 Other Business from Council Members (Continued) City Admin. Almquist invited the Council to a luncheon for our Friends from Guanajuato on Friday, May 5th (Cinco de Mayo) in the Cotton Area in Lithia Park at 12:00 Noon. Arnold said he hopes Staff will cite Jack Trevatt, contractor who built Henry Freund's fence without a permit, or at least tell him this would be the last time without a citation. Acklin will notify the Southern Oregon Landscaping Association of this incident. On a question from Reid, Salter said it would be appropriate to share his memo on exactions with Alan & Myra Erwin. ADJOURNMENT The meeting adjourned at 11:00 P.M. Karen Huckins Acting City Recorder Catherine M. Golden Mayor Regular Meeting - Ashland City Council - May 2, 1989 - Page 7