MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
August 5, 2003 - 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.
Councilor Laws, Amarotico, Hartzell, Jackson, Morrison and Hearn were present.
APPROVAL OF MINUTES:
The minutes of the Regular Council Meeting of July 15, 2003, and Executive Meeting Minutes of July 15, 2003 were approved as presented.
Hartzell made a correction to the Executive Session Minutes regarding the ending time.
Councilor Hartzell/Jackson m/s to approve minutes.
SPECIAL PRESENTATIONS & AWARDS:
Declaration to Commemorate Hiroshima Day (August 6) and Nagasaki Day (August 7) was read aloud.
1. Minutes of Boards, Commissions and Committees.
2. Approval of Oregon Department of Aviation Intergovernmental Agreement Ashland Municipal Airport 2003 Statewide Airport Pavement Maintenance Program.
3. Termination of a Portion of a Public Utility Easement at 531 Scenic Drive.
4. Liquor License Application from Beasy Bob, Inc., dba Beasy's on the Creek.
5. Interpretation of the Ashland Land Use Ordinance Regarding Drive-up Uses.
Hartzell requested that items #1, 3, 4 and 5 be removed from Consent Agenda for discussion.
Councilor Hartzell/Jackson m/s to approve Consent Agenda #2. Voice Vote: all AYES. Motion passed.
Councilor Hartzell requested a modification to the Study Session Minutes. On page 1, paragraph 4, the last sentence should read, "Hartzell commented that #5, the recommendation of the committee would go to the Budget Committee first."
Councilor Hartzell/Jackson m/s to approve Consent Agenda item #1 with noted correction. Voice Vote: all AYES. Motion passed.
Paula Brown spoke regarding Consent Agenda item #3, clarifing that the loss of a 3ft. x 10ft. section would have no adverse impact on the use of the remaining easement.
Councilor Hartzell/Jackson m/s to approve Consent Agenda #3. Voice Vote: all AYES. Motion passed.
Barbara Christensen clarified that the Off-Premises Sales License would allow this business to sell bottles of wine to their customers from the restraurant.
Councilor Hartzell/Amarotico m/s to approve Consent Agenda #4. Voice Vote: all AYES. Motion passed.
John McLaughlin stated that the interpretation of this ordinance was necessary to have a clear definition as to what a 'drive-up use' is. He explained that this issue was unique and required the interpretation for two reasons; 1) the car engine would stay running as the vehicle passed through the conveyor cash wash system, and 2) the wash was servicing the car, not the indiviual inside.
Paul Nolte stated that this interpretation would serve as a guideline to the staff for the future.
Councilor Laws/Hartzell m/s to approve Consent Agenda #5. Voice Vote: all AYES. Motion passed.
1. Public Hearing regarding an Ordinance to Amend Chapter 18.72 of the Ashland Municipal Code - Land Use Ordinance - Amending the Detail Site Review Zone Standards for Large Buildings, and Amending Section II-C-3a(2) of the Site Design and Use Standards.
Community Development Director John McLaughlin briefly explained the background of this issue. He stated this proposed ordinance limits building size to 45,000sq.ft. gross floor area, rather than footprint, and the option for a larger building if affordable housing was provided was deleted. He also spoke on what defined a contiguous building, and the specific changes that were made regarding building size requirements in the downtown area.
The council questioned the removal of the affordable housing component as well as the parking options. The legality of the language "such as" was questioned, and it was also mentioned that the term "attractive" in the ordinance was very subjective and might need to be changed.
Public Hearing Open: 7:38 p.m.
Eric Navickas/711 Faith/Feels the Council should strictly state that the total square footage should be 45,000sq.ft, with no exceptions for the downtown area. He feels parking structures should be limited and large buildings in the downtown area could destroy the historic character of Ashland.
Bill Street/180 Mead/Feels there has been progress with the development of this ordinance, but does not think that it is ready to be approved. He mentioned the possibility of increasing the 10% affordable housing requirement and urged the council to fully discuss the definition of contiguity. He commented on placing a height limit for buildings on the north side of downtown so the views will not be blocked. He also acknowledged the need to preserve the historic character of our town.
Bryan Holley/324 Liberty/Does not think that the residents want big, tall buildings in Ashland. He cited examples from other cities that are dealing with similar Big Box issues. He also stated he agreed with the affordable housing element being removed from this ordinance. He explained this is not the right time and that developers should create affordable housing because it is the right thing to do, not because of incentives.
Steven Kindler-Stout/130 Orange/Feels it is very important to limit size of buildings throughout the community.
Public Hearing Closed: 7:55
Joanie McGowan/951 Clay/Invited the council to attend the Ashland Fantastic Forum, Wednesday nights at Jazbo's. She explained the purpose of the forum was to recognize Ashland for the wonderful things they have done and discuss future programs, including: community healthcare, community forestry, community hospice, preserving the environment and education, supporting local businesses, partnerships in real estate ownership, attracting professional jobs to the area, and developing a visitors center.
Ryan Navickas/711 Faith/Requested that the council make their intentions clear in regards to the Mt. Ashland expansion. He noted the sensitive areas in the proposed development, and urged the council to stop the expansion.
UNFINISHED BUSINESS: (None)
NEW AND MISCELLANEOUS BUSINESS:
1. Public Art Placeholders in the Gateway Island.
Bruce Bayard explained the Public Arts Commission would like approval of four placeholders located in the center of the island between the Library and the Fire Station, at the proposed bump out at the corner of Gresham and Siskiyou, at the verticle retaining wall in front of the Library, and in the area surrounding the Astro Gas station.
2 of the 4 areas would required immediate action due to the trees that are already planted or are sceduled to be planted in the proposed areas.
The council discussed the pros and cons of the replanting of trees as suggested by the Public Arts Committee.
Councilor Laws/Morrison m/s to approve the four placeholders as detailed. DISCUSSION: Mayor noted discretion should take place in regards to removing of the trees. Jackson noted that she felt comfortable working with the Public Works and Parks departments on the specifics of moving and re-planting the trees. Voice Vote: all AYES. Motion passed.
Councilor Jackson announced the Public Arts Commission would be taking charge of finding a location and developing the memorial for the McGee family.
2. Mount Ashland Draft Environmental Impact Statement.
Mayor DeBoer explained that this is on agenda to hear reports on the DEIS process. He asked that the public not get into the pros and cons of this issue, but rather address the process as to how the council should proceed.
City Adminstrator Gino Grimaldi explained they have invited John Schuyler to clarify the process the Forest Service is going to use to move from a draft EIS to the final EIS. He noted the recommendation is for staff to examine the EIS for impact on the watershed.
John Schuyler, Acting District Ranger for the US Forest Service, gave guidelines as to how to digest a document of this magnitude. He explained the four main elements of the DEIS: Purpose & Need, Alternatives, Affected Environment, and Environmental Consequences. He dicussed the difference between mitigation and restoration, and emphasized the word draft. Schuyler noted the 6 alternatives the DEIS outlines. He also stated that they are in a 60 day comment period, and relayed the dates of the open house and 4 upcoming field trips. He stated they hoped to release the final EIS in spring of 2004.
Council dicussed a number of ideas, including:
recommedation for holding a formal public hearing
noted the legality of the lease, with the possibility of having to pay legal fees
making sure the council had all supporting documents, including MOUs
the City's liability for restoring land, and the possible dollar amount associated
specific concerns for the watershed and environmental impact
the need to give staff direction
The Council and Mayor urged the public to only discuss how to go about setting up meeting times and what process the council should set.
Eric Navickas/711 Faith/Spoke on the city's history with the EIS. Spoke for protecting our water source
Tom Rose/430 Wiley St/Relayed 3 financial points the council should consider: 1) city's obligation to restore the area to it's natural state if a bankruptcy occurs 2) city's retainment of the title and all property when the permit is abandoned, and 3) the financial history of the ski area.
Ron Roth/6950 Old Hwy 99S/Stated the expansion would create more jobs and enhance recreational opportunities. Spoke in favor of an open, single issue hearing where all views can be heard. He asked that concerned citizens take a hike in the proposed area, as well as write a letter to send to the Forest Service.
Bryan Holley/324 Liberty/Asked the Forest Service to define what a substantive statement was. Stated that only 4 out of 100 individuals ski, but 100 out of 100 need clean drinking water.
Paul Copeland/462 Jennifer/Would like the council to facilitate a solution that works for Mt. Ashland and acknowledges the diverse interests of the community. He stated the current EIS is practically the same as the EIS proposed in 2000. He also feels that the Forest Service has not yet given an acceptable alternative and feels that the community needs to be more involved in this process.
Jay Lininger/1253 Tolman/Submitted a letter to the council. He supported reviewing the lease agreement, and stated two other documents that should be looked at are the special use permit and the cooperative agreement. He stated the City's role is critical and they have the power to impose requirements onto the Forest Service, and claimed that fire management and fuel reduction are more important issues than playground enlargement.
Ken Crocker/134 Nutley/Feels that recreational activities have been prioritized above preserving the water supply. Asks that the council extend the review period in order to fully evaluate the risks to the city. Also asked that the council clearly defines what acceptable recreational uses for the watershed are, and stated there are serveral issues that need to be covered that are not in the EIS.
Corky Gardner/1749 Siskiyou #5/Stated the proposed land was declared a roadless area, and that the regulation should not be underminded. Also declared the expansion would involve cutting old tree growth, and would endanger species as well as the watershed. She urged the council to take more time and not to rush the discussions.
Ryan Navickas/711 Faith/Suggested the City hire an environmental lawyer. Stated he felt the Ski Ashland lease was unreasonable and needed to be further analyzed. Also felt the Forest Service needs to cooperate with the City, and was concerned about how much damage will be done by equipment. He suggested the coucil speak with George Madura.
Jeff Hanson/13880 Hwy 66/General Manager of the Mt. Ashland Association. Spoke in favor of the expansion stating it would improve the overall quality of life for the area. He assured the City that their interests are the same, and urged the council to use the unbiased information provided in the EIS to base their decisions.
Pat Acklin/270 Scenic Drive/Asked the council to follow the plan presented by the staff. Stated her confidence in the EIS, and relayed the association has never discussed the idea of suing the city. She claimed EIS alternatives #2 and #6 are most appropriate.
Councilor Hartzell/Morrison m/s to extend meeting to 10:30 p.m. Voice Vote: all AYES. Motion passed.
Mayor Deboer stating the two major issues facing the council are water quality
and financial issues.
He expressed his concern of taking on the environmental issue at the city level when that is the Forest Service's responsibility.
Council members brought up a few more issues, including:
Liability, Legal, and Fiscal Issues where mentioned
Question was posed as to who would be doing the construction
Water Quality / Fire Risk reports on all 6 alternatives
Possibility of asking the Forest Service for more time to reveiw all materials
Creating a process that will work within the set timeline incase the extension is not granted
Hartzell/Jackson m/s to direct staff to send letter requesting extension of 30 days on comment period due to the need for public input. DISCUSSION: Mayor noted that this has been going on for several years and urged the council not to request an extension of the comment period. Voice Vote: Laws, Hartzell, Morrison and Hearn, YES; Amarotico and Jackson, NO. Motion passed 4-2.
3. Informing Public About Forest Fires near Ashland.
John Schuyler relayed the cronology of recent fires in our area, including the Horn Gap Fire. He explained how their department went about informing key members of the community.
Council discussed ways to keep the public informed when events like these occur.
4. Quarterly Financial Report.
Placed on future council agenda due to lack of time.
5. Ashland Fiber Network Quarterly Report.
Placed on future council agenda due to lack of time.
ORDINANCES, RESOLUTIONS AND CONTRACTS:
1. First reading by title only of "An Ordinance Amending Chapter 18.72 of the Ashland Municipal Code - Land Use Ordinance, Amending the Detail Site Review Zone Standards for Large Buildings, and Amending Section II-C-3a(2) of the Site Design and Use Standards."
Placed on future agenda due to lack of time.
OTHER BUSINESS FROM COUNCIL MEMBERS:
None due to lack of time.
Meeting was adjourned at 10:30 p.m.
Barbara Christensen, City Recorder Alan DeBoer, Mayor
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