Agendas and Minutes

City Council (View All)

Council Business Meeting

Minutes
Tuesday, December 04, 2018

 MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
Tuesday, December 4, 2018
Council Chambers
1175 E. Main Street

 
Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.]
 
7:00 p.m.  Regular Meeting
 
  1. CALL TO ORDER
 
Mayor Stromberg called the Business Meeting to order at 7:00 PM.
 
  1. PLEDGE OF ALLEGIANCE
 
  1. ROLL CALL
 
Councilor Bachman, Slattery, Morris, Seffinger, Rosenthal and Jensen were present.
 
  1. MAYOR’S ANNOUNCEMENTS
 
Mayor Stromberg announced the current Commission and Committee vacancies.
 
Council discussed the Citizens’ Budget Committee appointment deadline.
 
  1. CITY ADMINISTRATOR REPORT
 
City Administrator Kelly Madding announced that due to economic ramifications this Summer the City and Chamber came together to send out the Holiday Gift Guide.  The City contributed $10,000. She spoke that last year the Gift Guide went out to 7,500 households and this year it went out to 25,000 households in Ashland, Talent and Medford.  She spoke that there has been great response to this outreach.
 
Ms. Madding announced that parking will be free at Hargadine on the weekends.
 
Ms. Madding discussed the “Extreme Weather Emergency Center”.  Staff is working with ORA on an agreement for the use of Pioneer Hall and are hoping to sign the contract this week.
 
  1. APPROVAL OF MINUTES
    1. Study Session of November 19, 2018
    2. Business Meeting of November 20, 2018
 
Councilor Rosenthal/Bachman moved to approve the minutes.  Discussion: None.  All Ayes.  Motion passed unanimously.  
 
 
  1. SPECIAL PRESENTATIONS & AWARDS
    1. Annual Presentation by Planning Commission
 
Community Development Director Bill Molnar and Planning Commission Chair Roger Pearce presented Council with the annual presentation.  Mr. Molnar explained that there are 7 members on the Commission and announced the meeting dates.  Mr. Pearce gave an overview of the work done this year. He thanked Council and Staff for their support to the Commission.  Council took a moment of silence to remember former Planning Director John Fregonese. 
 
Rosenthal thanked the Commission for their volunteered time and hard work. 
 
  1. MINUTES OF BOARDS, COMMISSIONS, AND COMMITTEES
Airport Conservation Forest Lands
Historic Housing and Human Srvs. Parks & Recreation
Planning Public Arts Transportation
Tree Wildfire Mitigation  
 
  1. PUBLIC FORUM Business from the audience not included on the agenda.
(Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum]
 
Patricia Potter – Ashland-Ms. Potter spoke that she is a retired school teacher who lives in a neighborhood that is close to Helman School and is concerned with the proposed development on Mountain View Drive.   She spoke that she is open to new development but just wants to make sure it is safe.
 
Bob Strosser-Ashland-Jackson County Commissioner Strosser thanked Council for willingness and dedication serving the Community. He also thanked Planning Commission for their work.
 
  1. CONSENT AGENDA
    1. Appointment to the Transportation Commission: Derrick Claypool-Barnes
    2. Approval of Dam Safety Engineer Contract Amendment
    3. Ratification of Collective Bargaining Agreement with the Ashland Police Association
 
Slattery pulled Item 3.  Ms. Madding gave a Staff report and went over the negotiation process.
 
Slattery/Morris moved approval of the consent agenda.  Discussion: None.  All Ayes.  Motion passed unanimously.       
 
  1. PUBLIC HEARINGS (Persons wishing to speak are to submit a “speaker request form” prior to the commencement of the public hearing.  Public hearings shall conclude at 9:00 p.m. and be continued to a future date to be set by the Council, unless the Council, by a two-thirds vote of those present, extends the hearing(s) until up to 10:30 p.m. at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda.)
    1. An Appeal of Planning Action T-2-2018-00002 – 880 Park Street
 
Ms. Madding gave a Staff report.
 
Mayor Stromberg read a script into the record (see attached).
 
Council went over abstentions, conflicts and ex parte contacts. The Mayor and Councilors all read this statement into the record:
 “I have not prejudged this application and I am not prejudiced or biased by my prior contacts or involvement; I will make this decision based solely on the application of the relevant Code standards to the facts and evidence in the record of this proceeding.”
 
Staff Report
Senior Planner Derek Severson spoke regarding the 5 appeal issues. He presented a PowerPoint to the Council (see attached).  
 
Items discussed were:
  • Appeal Issues
  • Vicinity Map
  • Vicinity Zoning
  • Park Square Apartment Proposal
  • Tree Protection Plan
 
Applicant  
Davis Hearn Anderson & Turner PC Attorney Chris Hearn and Architect Matt Small presented a PowerPoint to the Council (see attached).
 
         Items discussed were:
  • Planning Commission decision
  • Rental Housing Crisis
  • Housing Needs
  • Appeal Issues
 
Appellant  
Colby Morgan presented his concerns to Council.
 
Items discussed were:
  • Concerns of the proposal
  • Housing layout
  • Parking
  • Tree Protection Plan
 
Mr. Morgan urged Council to overrule the Planning Commission’s decision.
 
Public Comment:
 
Janet Turk – Ashland – Spoke in support of developing this property as long as it is the right kind of development.  She spoke in concern with parking and to the importance of the Tree Protection Plan.
 
David Hall – Ashland – Thanked Council and Staff for their services.  He spoke in concern of the proposed plan and suggested Staff look into Ordinance changes.   
 
Virginia Dugan – Ashland – Spoke in concern with the type of development, cost and parking.  
 
Ken Morrish – Ashland – Spoke in concern of the proposed development and parking.  He spoke that the proposed layout is dormitory not multi-family.
 
Rebuttal by Applicant
Mr. Hearn rebutted that there was a unanimous vote by the Planning Commission in favor of this project. He spoke that it is Multi-Family Housing. He spoke that the Ordinance states that 3 rooms or greater requires 2 parking spaces per unit. He spoke that the Code has no definition regarding dormitories.
 
Council discussed monitoring the number of adults per unit. Mr. Hearn explained that the renter signs a lease and it is monitored by an on-sight manager.  
 
Mayor Stromberg closed the Public Hearing at 8:59 PM.
 
Advice from Legal Counsel and Staff
Mr. Severson spoke regarding the definition of dormitory.   
 
City Attorney David Lohman explained the definition of substantial evidence.
 
Jensen/Slattery moved to affirm the decision of appeal item #1 of the Planning Commission, reject the appeal and direct Staff to prepare written findings for approval reflecting the original Planning Commission decision from October 23, 2018 for adoption by Council. Discussion:  Jensen spoke in support of the motion.  Slattery agreed with Jensen. Roll Call Vote: Slattery, Morris, Bachman, Seffinger, Rosenthal and Jensen: YES.  Motion passed unanimously.  
 
Slattery/Morris moved to accept Staff’s recommendation for appeal item #2. Discussion: Slattery spoke in support of the motion.  Morris agreed with Slattery. Jensen spoke in support of the motion.  Rosenthal spoke in agreement and pointed out that the decisions being made were not to change the Code. Roll Call Vote: Slattery, Morris, Bachman, Seffinger, Rosenthal and Jensen: YES.  Motion passed unanimously.  
 
 
Bachman/Jensen moved to affirm the decision on appeal item #3 regarding parking reject the appeal and direct staff to prepare written findings for approval reflecting the original Planning Commission decision from October 23, 2018 for adoption by Council.  Discussion: Bachman spoke in support of the motion and that there was substantial evidence. Jensen spoke in support of the motion and the need to look into parking issues. Rosenthal spoke in support of the motion and spoke in sympathy to the neighborhood regarding parking issues. Morris and Seffinger spoke regarding parking issues.    Roll Call Vote: Slattery, Morris, Bachman, Seffinger, Rosenthal and Jensen: YES.  Motion passed unanimously.  
 
Slattery/Rosenthal moved adoption of Staffs finding on appeal item #4.  Discussion: Slattery spoke in support of the motion and commended the Tree Commission. Rosenthal agreed with Slattery. Roll Call Vote: Slattery, Morris, Bachman, Seffinger, Rosenthal and Jensen: YES.  Motion passed unanimously.  
 
Jensen/Morris moved to affirm the decision on appeal item #5. Discussion:  Jensen and Morris spoke in support of the motion. Roll Call Vote: Slattery, Morris, Bachman, Seffinger, Rosenthal and Jensen: YES.  Motion passed unanimously.   
 
Jensen thanked appellants.
 
Council discussed the next steps for the appeal process.   
 
  1. UNFINISHED BUSINESS
 
  1. NEW AND MISCELLANEOUS BUSINESS
    1. Council Rules
 
Ms. Madding gave a Staff report. 
 
Council went over the proposed Council Rules and Protocols. Due to time constraints Council was unable to go through each section and decided to bring this item back to a future Business Meeting.
 
  1. ORDINANCES, RESOLUTIONS AND CONTRACTS
    1. Amendment to Vehicles for Hire AMC 6.28.170
 
Police Chief Tighe O’Meara gave a brief Staff report.
 
Seffinger/Rosenthal moved to approve First Reading of Ordinance No. 3163 and advance it to Second Reading for enactment. Discussion:  None. Roll Call Vote: Slattery, Morris, Bachman, Seffinger, Rosenthal and Jensen: YES.  Motion passed unanimously.
 
Ms. Madding explained the reasons why the City does not currently have Uber or Lyft.  This topic will be brought up again at a future Business Meeting.
 
Rosenthal noted that Council did take action on this and the fact that Uber or Lyft has not
 
  1. Amendment to Section 4.12.030 of the AMC with Respect to Certificates of Lien Search
 
City Recorder Melissa Huhtala gave a brief Staff report. 
 
Slattery/Bachman moved to approve the First Reading of an Ordinance Amending section 4.12.030 of the Ashland Municipal Code with respect to certificates of lien search fees to be set by Resolution. Discussion: None. Roll Call Vote: Slattery, Morris, Bachman, Seffinger, Rosenthal and Jensen: YES.  Motion passed unanimously.  
 
  1. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
 
 
  1. ADJOURNMENT OF BUSINESS MEETING
 
The Business Meeting was adjourned at 10:30 PM          
 
Respectfully submitted by:
 
_______________________________________
City Recorder Melissa Huhtala
 
 
Attest:
 
_______________________________________
Mayor Stromberg
 
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900).  Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).

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