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Home My WebLink About1992-0707 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL July 7, 1992 CALL TO ORDER: Mayor Golden called the meeting to order and led the Pledge of Allegiance at 7:30 P.M. on the above date in the Council Chambers. Laws, Reid, Acklin, Winthrop and Arnold were present. Williams was absent. APPROVAL OF MINUTES: Laws moved to approve the minutes of the Regular Meeting of June 16, 1992, Arnold seconded, all AYES on voice vote. CONSENT AGENDA: Reid asked that the Hospital Board minutes be pulled for discussion. Winthrop moved to approve the remaining items as follows: 1) Minutes of Boards, Commissions & Committees; 2) Liquor license application for Papa D's, 1448 Ashland St.; 3) Liquor license application for Se~or Sams, 1634 Ashland St. Laws seconded, all AYES on voice vote. On a question from Reid, City Attorney Nolte said all real property acquisition and sales by the Hospital Board must come before the Council for approval. Winthrop moved acceptance of Hospital Board minutes, Laws seconded, all AYES on voice vote. PUBLIC HEARINGS: P.A. 90-057, Street revisions & Outline Plan approval of five-lot subdivision on Granite Street. (Gary & Diane Seitz, Applicants) On a question from Laws, Nolte urged Council to hear the parties on the street length issue prior to a decision on holding the public hearing. Doug Schmor, Attorney for the Applicants, said LUBA's decision on this issue stated that Council incorrectly interpreted the Ashland Land-Use Ordinance relative to the length of the cul-de-sac; and the criteria in effect when the application was filed should be applied. The applicant can meet the criteria by shortening the street. Dennis Friend, 355 Granite St., read a statement into the record signed by the following Appellants: Dennis & Linda Friend, Carl & Rosalie Oates, and Jean & John Sully; in which they feel that LUBA reversed the Council's approval of P.A. 90-057, and a new application should be filed meeting current standards. Reid said this is an opportunity to apply current standards to this development, and moved to not review the application or hold the public hearing. Winthrop seconded the motion which passed as follows on roll call vote: Reid, Winthrop, and Arnold, YES; Laws and Acklin, NO. Arnold moved to instruct the City Attorney to research Council's authority to waive the one-year re-application period, and take that action if possible. Winthrop seconded the motion which passed unanimously on roll call vote. P.A. 92-033, Land-Use Ordinance amendments re: E-l/C-1 zones. Planning Dir. Fregonese reviewed the proposed changes which include a new Section 18.32.025 for Special Permitted Uses which formerly were conditional uses. On a question from Acklin, Fregonese said public parking lots are conditional uses due to impacts on traffic, air pollution, etc. Regarding Section 18.40,030A., Golden said many bakeries make deliveries in the early hours and Winthrop asked that Regular Meeting - Ashland City Council - July 7, 1992 - P. 1 E-l/C-1 Zone Amendments (Continued) bakeries be pulled from this section. The public hearing was opened and Richard McKinney, 117 8th Street, read a letter from Jim Lewis, Railroad District Neighborhood Association, requesting that A Street be deleted from the E-1 residential overlay zone, and Fourth Street between A and B Streets be included in this zone. Albina Brinton, speaking for her daughter whose property abuts the south side of A St. between 1st and 2nd Streets, spoke about the fumes from the auto body paint shop on A St. Mary Moore, 269 N. 2nd, is concerned about same, as is Cat Taylor, 234 1/2 N. 1st. Ellen Downes, 266 5th St., is concerned that outright permitted uses give neighbors no opportunity for input. Debbie Miller, 160 Normal, urged Council to field check vacant lands for neighborhood compatibility with Special Permitted Uses. Lenny Freidman, 160 Helman, said he represents a group of food manufacturers who feel their businesses should be permitted uses in E-1 zones. Winthrop noted that in Sections 18.40,040 I. and J. the words "greater" should be changed to "less". Fregonese said the south side of A Street should be left in the E-1-R zone to protect existing residences from becoming non-conforming uses if unoccupied for six months. Herman Wood, 173 Helman, said commercial uses should remain conditional in residential areas. Fregonese suggested amending Section 18.40.020 M. to include paint booths. There being no further comment from the audience, the public hearing was closed. Acklin said the wording of Sec. 18.32.025 A.1. should be added to 18.40.030 A.; and parking facilities for commuter cars should be a permitted use. Arnold would like to see additional drive-up windows prohibited. Reid feels motels should be a conditional use. Arnold would agree to transfer drive-up windows only in areas specified in Sec. 18.32.025 F.3. It was agreed to continue the discussion of the proposed changes at the next regular meeting of the Council. UNFINISHED BUSINESS: Water Status Report. Public Works Dir. Hall said T.I.D. will furnish water to Ashland until September lst; and Reeder Reservoir is 100% full. Staff recommends remaining at Phase 1 of the existing water curtailment ordinance. He also named the studies undertaken since 1973 which address Ashland's water supply. NEW & MISCELLANEOUS BUSINESS: Coopers & Lybrand Letter. A letter was received setting forth terms and objectives for the 1991-92 audit. Jack Nicholson, 1575 Greenmeadows, is concerned that the Audit Committee is not fulfilling their duties; and feels the Auditors should be independent, with the scope of the audit not determined by staff. Acklin, as Liaison to the Audit Comm., said identical comments were made at a meeting of the Committee, to which members chose not to respond; and they were satisfied with last year's audit. PUBLIC FORUM: Fire Protection Request. Vicky Simpson, 1103 Paradise Lane, requested that the City enter into a fire protection contract with residents in that area whose property abuts the City limits. Reid moved to place the matter on the agenda, Acklin seconded, all AYES on voice vote. Fire Chief Woodley said contracting outside the Regular Meeting - Ashland City Council - July 7, 1992 - P. 2 Fire Protection Request (Continued) City limits is not a good idea and they should annex into Jackson County Fire Dist. 5, in which case Ashland Fire Dept. will respond to a fire per our reciprocal agreement with that agency. Arnold recommended that the property owners apply to Fire Dist. 5 and Winthrop so moved. Arnold seconded, all AYES on voice vote. ORDINANCES, RESOLUTIONS & CONTRACTS: Water Conservation Measures Ord. City Attorney Nolte said the ordinance contains four stages, and allowable use is based on an allotment system according to meter size. On a question from Reid, Nolte said structures with undersized meters will be allowed an amount comparable to the proper meter size in accord with the Uniform Plumbing Code. Laws moved to extend the meeting for 1/2 hour, Winthrop seconded, all AYES on voice vote. Ken Cockrell, 2265 Highway 66, said a moratorium on new landscaping will put him out of business. Jerry Pickner, 1743 Homes, said watering food gardens is more important than trees and shrubs. Rick Harris asked that the moratorium in Sec. 14.06,050 be on new building permits, not certificates of occupancy. Don Greene, 375 Normal Ave., said water savings from a moratorium on building and landscaping will be insignificant, and will prevent people from moving into their homes which may cause economic hardship. Bruce Robertson, 707 Helman, has an acre and is concerned about his fruit/nut trees. Christins Golley, 174 Strawberry, is concerned about allowing new construction during a water shortage. Chris Hald, 275 Cambridge, said the allotment should be determined as a percentage of usage this time last year. Steve Willing, owner of the Main St. Laundromat, spoke about separate meters for laundromats as a conservation measure. Jerry Stein, 1130 Ivy Lane, is concerned about the economic impact of a moratorium on certificates of occupancy, and feels expanded conservation measures should be implemented instead. Scott Kurtz, 676 Liberty St., said conservation habits should be encouraged in non-crisis years, and large users should be penalized. Laws moved to extend the meeting for 1/2 hour, Reid seconded, all AYES on voice vote. Rick Landt, 487 Rock St., said outside watering times should be 10:00 A.M. to 8:00 P.M.; that all water in fountains and ponds should be re-circulated; and that the allotment be the guide for new landscaping. Jack Blackburn, 805 Oak St., said drip irrigation should be an exception in the outside irrigation provision in G.1. and Nolte agreed. The Ordinance was read by title only (copies furnished in accord with the Charter) and Winthrop moved passage to second reading with amendments concerning re-circulated water and drip irrigation as suggested, and deleting the section on a moratorium on landscaping. Reid seconded the motion. Arnold asked that the moratorium on certificates of occupancy be deleted; "food plants" be added as an exception to #3 under Stage 4; and a provision for billing periods over 30 days be included in Sec. 14.060.010 A. Winthrop amended his motion to include Arnold's amendments; Reid amended her second, all YES on roll call vote. Second reading by title only of same Ordinance was done. Laws moved adoption, Winthrop seconded, all YES on roll call vote. (Ord. 2678) Regular Meeting - Ashland City Council - July 6, 1992 - P. 3 Mt. Ashland Ski Area Performance Bond. The resolution was read and Arnold moved to authorize the Mayor and City Recorder to sign same; Winthrop seconded, all YES on roll call vote. (Reso. 92-38) Remainder of agenda items postponed until July 21, 1992 meeting. ADJOURNMENT: The meeting adjourned at 12:00 Midnight. Nan E./Franklin City Recorder Catherine M. Golden Mayor Regular Meeting - Ash[and City Council - July 7, 1992 - P. 4 (d:\mts\7-7-92)