Agendas and Minutes

City Council (View All)

Regular Meeting

Minutes
Tuesday, June 15, 2004

MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
June 15, 2004 - 7:00 p.m.
Civic Center Council Chambers, 1175 E. Main Street

CALL TO ORDER
Mayor DeBoer called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.

ROLL CALL
Councilor Laws, Amarotico, Hartzell, Jackson, Morrison and Hearn were present.

APPROVAL OF MINUTES
The minutes of Regular Council Meeting of June 1, 2004, and Executive Meeting of June 4, 2004 were approved as presented.

SPECIAL PRESENTATIONS & AWARDS
Councilor Hartzell recognized the Community Emergency Response Team (CERT) graduates.

CONSENT AGENDA

1. Minutes of Boards, Commissions and Committees.
2. Confirmation of Mayor's appointment of Goa Lobaugh to the Airport Commission for a term to expire April 30, 2005.
3. Confirmation of Mayor's appointment of Pamela Garrett to the Ashland Fiber Network Programming Committee for a term to expire April 30, 2005.
4. Confirmation of Mayor's appointments of: Hal Cloer, John Enders, Laurie MacGraw, Keith Massie, Carole Wheeldon, Pam Marsh, Kate Culbertson, Alfred Willstatter, Roy Bashaw and Don Montgomery to the Ad Hoc Charter Review Committee.
5. Deed Exchange - Liberty Street Open Space.

Councilor Hartzell requested Consent item #4 is pulled for discussion.

Councilor Jackson/Hartzell m/s to approve Consent Agenda items #1-3 and #5. Voice Vote: all AYES. Motion passed.

Council discussed the possibility of having 10 voting members, as opposed to 9 voting members with a non-voting alternate. Mayor DeBoer stated it would be difficult to select the non-voting member. Council discussed the age demographics represented on the committee and comment was made regarding the need for a mixture of participants. Suggestion was made to place Michael Riedeman on the committee. Mayor DeBoer stated he was comfortable making substitutions recommended by the Council.

Councilor Jackson/Morrison m/s to allow the Mayor to consider replacing Al Willstatter with Michael Riedeman. Voice Vote: Laws, Amarotico, Jackson, Morrison and Hearn, YES. Hartzell, NO. Motion passed 5-1.

Mayor DeBoer revised his recommendation to replace Al Willstatter with Michael Riedeman and recommended 10 voting members with no alternate.

Council Laws/Hearn m/s to confirm the Mayor's appointment to the Charter Review Committee. Voice Vote: Laws, Amarotico, Jackson, Morrison and Hearn, YES. Hartzell, NO.  Motion passed 5-1.

PUBLIC HEARINGS

1. Continuation of Appeal of Planning Action No. 2004-02, a request for Site Review and Tree Removal Permit to construct a multi-floor, 8,325 sq. ft. mixed use building at 88 North Main Street. A Physical and Environmental Constraints Review Permit is requested to permit "development" within the Ashland Floodplain Corridor. Applicant: Lloyd Haines.

Mayor DeBoer explained the public hearing process and re-opened the public hearing at 7:27 p.m.

EX PARTE CONTACT
Mayor DeBoer received several emails and conducted a site visit. Councilor Hearn also conducted a site visit.

Assistant City Attorney Mike Franell explained Randall Hopkins had challenged Councilor Laws ability to make a fair decision, based on comments that were made at the June 1st, 2004 Council Meeting. Councilor Laws assured the Council that he was able to make an unbiased decision based on the information and evidence presented.

APPLICANT REBUTTUTAL cont.
Applicant Lloyd Haines stated he is accompanied by the buildings architect, the landscape architect, two engineers from OTAK, and Attorney Craig Stone, who are all available to answer Council's questions.

Council noted the building plan had been redesigned to move one corner of the building out of the 1872 elevation. Mr. Haines explained that contrary to what Staff had previously stated, he has now been informed that Section G does not permit the building to be located within this floodplain elevation. It does however, allow for decking is this area. As such, the plans have been revised to comply with this new criterion and the interior space within this area has been converted to outdoor dining space. Mr. Haines explained that because this area will now be deck space, there is no longer the need to disturb the critical root mass of the Maple tree.

Mr. Haines commented that the changes to the building plan is not the fault of the applicant, but rather has come from Staff's attempt to reconcile the different and competing sections of the Ashland Municipal Code.

Mr. Haines clarified for Council that they had taken a conservative approach in deciding the placement of this building, placing it at 1½ feet above the Ashland Floodplain elevation. He explained the two floodplains do not match up, nor do their flow rates, so the building has been designed to sit at an elevation that is higher than both plains. Architect Dave Richardson noted the first floor will have a foundation that is approximately 1½ feet thick. He also explained that the two buildings within the single tax lot would share a ramp to the elevator for handicap access, as the applicant wants to make the existing structure ADA accessible.

OTAK Engineers Greg Weston and Kevin Timmins were called forward for questioning.

Council questioned how the concrete deck would fair in the event of a flood, specifically regarding debris. Mr. Timmins explained that in the event of a flood, this area would become more of a "water pool" than an area experiencing "water flow". If there happened to be debris that could make it that far, it would just sit in the pool. Mr. Timmins also stated that in regards to how the deck would affect debris flow, there is no difference between a wood and concrete deck. Mr. Haines noted that he has always intended for the deck to be made of concrete.

In regards to the public space issue, Mr. Haines stated that although he does not believe this requirement applies to this application, the building plans include opening up the space next to the creek for the use by the public.

PUBLIC HEARING CLOSED: 8:05 p.m.

COUNCIL DELIBERATION
Community Development Director John McLaughlin explained the Ashland Floodplain Corridor map came out after the FEMA map, and was created because the FEMA map contained inaccuracies with certain areas of the creek. The City of Ashland conducted it's own analysis and adopted a broader floodplain corridor. Mr. McLaughlin explained Staff established the building pattern by taking the most conservative numbers of each plain.

Council asked the Assistant City Attorney if a decision in favor of this application could result in an interpretation of the development issue. Mr. Franell explained that since this issued has been raised by the opponents, any action that Council takes will result in an interpretation of this particular provision. By approving this project they are resolving that Staff's interpretation is correct, by denying the application the Council would be creating their own interpretation of the code. Mr. Franell stated it is his interpretation that as long as the buildings are built separately under different planning actions (downtown area only), they are considered separate developments.

Comment was made that if Council is concerned about the repercussions of interpreting this ordinance, than amending the ordinance would be the best way to address those concerns.

Councilor Jackson's suggested conditions were noted.

Councilor Morrison/Amarotico m/s to approve the request for Site Review and Tree Removal Permit with the conditions as stated in the Findings on pages 71-78 of the record, and the additional conditions drafted by Councilor Jackson, excluding condition #3. DISCUSSION: Councilor Jackson recommended an additional condition that the applicant has already agreed to, which is the creation and donation of the resulting sculpture to the City of Ashland.

Councilor Jackson/Hartzell m/s to amend motion to add a 13 condition of approval which states the building sculpture shall be donated to the City of Ashland. Voice Vote: all AYES. Motion passed.

Roll Call Vote on original motion as amended: Laws, Hartzell, Amarotico, Hearn, Jackson and Morrison, YES. Motion passed.

2. Public Hearing and First reading of "An Ordinance Vacating a Public Alley between Oregon Street and Madrone Street."

Public Hearing Open: 7:25 p.m.
Public Hearing Closed: 7:25 p.m.

Councilor Morrison/Hearn m/s to approve first reading of Ordinance and move to second reading. DISCUSSION: Council requested additional information on possible bike access before this item comes back for the second reading. Roll Call Vote: Jackson, Morrison, Hearn, Laws, Amarotico and Hartzell, YES. Motion passed.

3. Public Hearing and Reading by title only of "A Resolution Adopting a Supplemental Budget Establishing Appropriations Within the 2003-2004 Budget."
Finance Director Lee Tuneberg stated at the end of the fiscal year it is the City's responsibility to make the necessary adjustments to the 2003-2004 Budget. Mr. Tuneberg noted these changes are allowable under Oregon Budget Law and are necessary to keep the City in compliance.

Public Hearing Open: 7:21 p.m.
Public Hearing Closed: 7:21 p.m.

Councilor Hartzell/Morrison m/s to approve Resolution #2004-20. DISCUSSION: Council asked for clarification regarding the Community Development Block Grant (CDBG) fund. Mr. Tuneberg explained the City received a sizable amount from HUD for the purchase of properties, and as a result this additional funding needed to be recognized in the budget. Roll Call Vote: Laws, Amarotico, Hartzell, Hearn, Morrison and Jackson, YES. Motion passed.

PUBLIC FORUM
Carl Tappert/591 Chestnut/Spoke regarding the proposed Jackson House where the Jackson County Health Department is planning on housing the criminally insane. Mr. Tappert feels the proposed use is totally inappropriate for this residential area, and expressed his disappointment with the Ashland Community Hospital and Jackson County Health Department for their lack of judgement and disregard for the community. Mr. Tappert stated the use of this facility goes far beyond residential care, and noted the people occupying this facility are convicted felons. Mr. Tappert submitted his statement into the record.

Deltra Ferguson/345 Maple Street/Spoke opposing the proposed Jackson House to house the criminally insane. Ms. Ferguson stated the proposed use of the Jackson House is not compatible with a residential area and is in violation of the zoning requirements. She explained this property has been leased to Jackson County for use as a residential care facility, not a lock-down facility for the criminally insane. Ms. Ferguson stated the residents of this neighborhood are demanding that the Council delay occupancy until it can be proven that incarcerating a population of mentally ill felons meets the criteria for a residential care facility.

Wil Thomson/360 Maple Street/Spoke opposing the proposed Jackson House to house the criminally insane. Mr. Thomson noted the neighborhood was not informed of this buildings intended use until last week. He explained that this is a lock-down facility, which has undergone various precautions to prevent patients from escaping. Mr. Thomson noted the various types of crimes that have been committed by the proposed tenants, which include robbery, attempted murder, and rape.

Councilor Hartzell/Hearn m/s to place on Agenda for discussion. Voice Vote: all AYES. Motion passed.

UNFINISHED BUSINESS

1. Adoption of Findings for Planning Action 2003-118 Approving a Physical Constraints Review Permit for the Purpose of Constructing a Single Family Dwelling on Land Zoned R-1-7.5, Classified as Hillside Lands and Within a Residential Historic District in Ashland, Oregon. Applicant: Sidney and Karen DeBoer.

Mayor recused himself due to direct conflict of interest.

Councilor Hartzell brought forward 12 proposed changes to the Findings:

1) Page 49, Conclusions of Law, Remove "As to previous plantings on the subject and adjacent lots, ALUO 18.68.010 is an ordinance which has nothing to do with a Physical and Environmental Constraints permit.",
2) Page 50, Conclusions of Law, Remove "term 'tree protection areas' is not a term of art in the ALUO.",
3) Page 51, paragraph after 7, Remove "(which the Board has found should be subject to this ordinance)",
4) Page 52, 2nd paragraph, Remove "That ordinance requires native trees to be sufficiently thinned or pruned to prevent an interlocking canopy.",
5) Page 52, 2., Insert "informal" in front of consultation in sentence "As to whether the mistaken removal of trees has a bearing on this application, the Hearings
Board concluded and the Council affirms that Applicants removed the trees after consultation with the Planning Department…",
6) Page 52, 2., Remove "…which incorrectly believed at the time that removal of trees from this property was not regulated under ALUO 18.62" (rest of the sentence amended above),
7) Page 52, 2., Remove "However, as concluded above, the trees removed by mistake may have had to be thinned or pruned to satisfy the requirements of ALUO 18.62.090." (last sentence),
8) Page 54, Conclusions of Law, Remove "As earlier found, this project has maximized the conservation/preservation of significant trees (and, if applicable all trees on the property) pursuant to Criterion 20",
9) Page 67, Conclusions of Law, Remove "…finds it difficult to understand this objection, but…",
10) Page 79, 7., Change "a few short…" to "a few days",
11) Page 79, 12, Remove "As vetted at great length during the Proceedings…", and
12) Page 79, 12, Eliminate last sentence "Finally, that the trees were removed in violation of the Hillside Ordinance is not a matter of consideration in this application."

Council consensus to accept the proposed changes #1, 2, 4, 6, 7, 9, 10, 11 and 12.
Council also consenses to remove the word "First" at the beginning of the second Conclusions of Law listed on page 76.

Comment was made regarding the tax lot boundary adjustment, which needs to be completed before the building permit is issued. Council also questioned the possible construction of a pool house, which was noted in the Findings. Mr. Franell clarified the pool house was mentioned in the Findings because it was included on some of the initial plans. Mr. Franell further clarified that the pool is not being included as part of this application.

Comment was made regarding Council's desire to create a "perfect document" and attempting to insert language that reflects their personal position. It was noted that it's Staff's responsibility to write Findings and it is the Council's role to ensure there are no obvious mistakes or policy implications. Opinion was expressed that these are new Findings which can change the interpretation of the Code, and therefore should be thoroughly reviewed.

Councilor Morrison/Hearn m/s to adopt Findings for PA 2003-118 with the accepted changes. Voice Vote: Laws, Amarotico, Jackson, Morrison, Hearn, YES, Hartzell, NO. Motion passed 5-1.

2. Quarterly Financial Report - Jan - March, 2004.
Postponed due to time constraints.

3. Summary of Council Goals for FY 2004-2005 and Timeline.
Postponed due to time constraints.

NEW AND MISCELLANEOUS BUSINESS (None)

ORDINANCES, RESOLUTIONS AND CONTRACTS

1. Second reading by title only of "An Ordinance Creating a Prohibition Against Public Nudity."

Paul Copeland/462 Jennifer St/Explained he is opposed to legislating morality, and stated that people do not respond to this type of enforcement. Mr. Copeland suggested alternate language, and submitted his wording into the record.

Eric Navickas/711 Faith Ave/Stated this ordinance discriminates against a certain group of people, and refered to it as an "anti-hippie ordinance". Mr. Navickas feels this ordinance would destroy the character of the town, and explained that nudity isn't something that we should hide or be ashamed of.

Councilor Hartzell/Amarotico m/s to extend meeting to 10:30 p.m. Voice Vote: all AYES. Motion passed.

Police Chief Mike Bianca stated that the proposed ordinance would be beneficial for the community. Mr. Franell noted the language "acts of artistic or political expression" as suggested by Mr. Copeland would make the ordinance unenforceable. Comment was made that the Council needs to support the Police Department and by adopting this ordinance it will give the Police the tools they need to negotiate. Opposing comment was made that there is already a law against lewd and indecent behavior, and there has not been an outcry from residents requesting this ordinance. Mayor DeBoer disagreed, stating he has received many complaints and fully support this ordinance. Council discussed limiting the enforceable area to the park and the Downtown Plaza Area.

Councilor Hartzell/Laws m/s to approve Ordinance #2908 with the following amendment: "It is unlawful for any person to expose his or her genitalia while on public property in the downtown zone and public parks. This provision..." Roll Call Vote: Laws, Hartzell, Amarotico, Jackson and Hearn, YES. Morrison, NO. Motion passed 5-1.

2. Second reading by title only of "An Ordinance of the City of Ashland, Jackson County, Oregon, Authorizing the Issuance of Bonds to Finance the Ashland Fiber Network."

Councilor Jackson/Laws m/s to approve Ordinance #2909. Roll Call Vote: Jackson, Laws, Morrison, Amarotico, Hearn and Hartzell, YES. Motion passed.

3. Second reading by title only of "An Ordinance Levying Taxes for period July 1, 2004 to and including June 30, 2005, such taxes in the sum of $8,483,000 upon all the Real and Personal Property subject to Assessment and Levy within the Corporate Limits of the City of Ashland, Jackson County, Oregon."

Councilor Laws/Hartzell m/s to approve Ordinance #2910. Roll Call Vote: Laws, Jackson, Hearn, Hartzell, Morrison and Amarotico, YES. Motion passed.

4. Reading by title only of "A Resolution Transferring Appropriations within the 2003-2004 Budget."

Councilor Hartzell/Jackson m/s to approve Resolution #2004-21. Roll Call Vote: Hearn, Amarotico, Laws, Morrison, Hartzell and Jackson, YES. Motion passed.

5. Reading by title only of "A Resolution Amending the Pay Schedule for Management and Confidential Employees for Fiscal Year 2004-2005."

Councilor Laws declared a potential conflict of interest and requested that Council allow him to abstain.

Councilor Jackson/Morrison m/s to allow Councilor Laws to abstain from voting on this issue and the following resolution regarding clarifying certain conditions of employment for Management and Confidential employees. Voice Vote: all AYES. Motion passed.

Councilor Morrison/Jackson m/s to approve Resolution #2004-22. Roll Call Vote: Hearn, Amarotico, Jackson, Morrison and Hartzell, YES. Motion passed.

6. Reading by title only of "A Resolution of the City of Ashland Clarifying Certain Conditions of Employment for Management and Confidential Employees and Making such Conditions Consistent with the Federal Fair Labor Standards Act by Repealing Resolution No. 97-18"

Councilor Amarotico/Morrison m/s to approve Resolution #2004-23. DISCUSSION: Comment was made that the City should update their policy to become more proactive in regards to affirmative action.  Roll Call Vote: Hartzell, Hearn, Amarotico, Morrison, and Jackson, YES. Motion passed.

7. Reading by title only of "A Resolution Dedicating Property for Open Space Park Purposes pursuant to Article XIXA, Section 2, of the City Charter (River Walk by Nomoco, LLC)," and Authorization to accept deed donating River Walk to City.
Council questioned if the City should take into consideration the costs associated with accepting this type of property. Parks and Recreation Director Don Robertson explained that this park has been in the works for some time, and it would be a mistake for the City to not accept this property. However Staff will take the costs into consideration for any future properties. Mr. Robertson clarified for Council that this property is in the general area of the Bear Creek Extension Trail.

Comment was made that this will result in an enhancement for our community and that there is tremendous community support for these types of actions. Suggestion was made to have a Study Session with the Parks Department regarding this issue.

Councilor Hartzell/Amarotico m/s to approve Resolution #2004-24. DISCUSSION: Mayor DeBoer commented that the Parks Department is already dealing with this and does not know that a Study Session is needed. Roll Call Vote: Laws, Amarotico, Hartzell, Jackson, Morrison and Hearn, YES. Motion passed.

0
8. Discussion regarding the proposed Jackson House by Jackson County Health to house the criminally insane.
Suggestion was made to look at the resolution establishing the Hospital Board and to dedicate at least one seat to a neighborhood representative.

Mr. McLaughlin stated this property is located within a Health Care Zone, however the ordinance does not define the nature of residents being cared for. Mr. Franell explained the State of Oregon has defined several different residential care facilities, and this particular one falls under the definition of Residential Treatment Facility. Mr. Franell explained the State of Oregon can pre-empt the zoning laws, and they have indicated that they have the authority to place these facilities where ever they so choose.
Mr. Franell asked for additional time to fully research this issue.

OTHER BUSINESS FROM COUNCIL MEMBERS
Mayor DeBoer noted there will be a Study Session at noon tomorrow in the Council Chambers regarding the Downtown Plan and a Presentation by Mike Cavallaro of RVCOG.

Mayor DeBoer also noted there may be a Special Meeting on June 29th at 7:00 p.m. in the Council Chambers for the purpose of a public hearing and approval of a Resolution to adopt a Supplemental Budget for Fiscal Year 2003-2004.

ADJOURNMENT
Meeting was adjourned at 10:30 p.m.

Barbara Christensen, City Recorder
Alan DeBoer, Mayor

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