HomeMy WebLinkAbout1997-1118 Council Mtg MINMINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
November 18, 1997
PLEDGE OF ALLEGIANCE
Mayor Golden called the meeting to order at 7:00p.m.,Civic Center Council Chambers.
ROLL CALL
Councilors Laws, Reid, Hauck, Hagen, Wheeldon and DeBoer were present.
APPROVALOF MINUTES
The minutes of the Regular meeting of November 4, 1997 were accepted as presented.
SPECIAL PRESENTATIONS & AWARDS
1. Introduction and Presentation by Ashland Planning Commission.
Barbara Jarvis, Chairperson of the Planning Commission, recognized other members of the Planning
Commission (Steve Armitage, Christian Heam, Michael Morris, Anna Howe, Ron Bass, Mike Gardiner, and
Marilyn Briggs). The duties and responsibilities of the commissioners were explained and recognition was
made of the time and energy put in by Commissioners when dealing with issues which affect the city. Noted
that commissioners are limited in what they can do and must follow criteria set by council. Councilor Hagen
and Mayor Golden emphasized the important role of the Planning Commission. Mayor Golden also noted
the decrease in planning action appeals under the current commission. Stated that the dedication and
thoroughness of the Planning Commission makes the job of the Mayor and Councilors much easier, and
recognized Jarvis's role in clarifying duties of the commission as a quasi-judicial body to enforce criteria
established by city policy makers.
2. Presentation of Certificate of Achievement for Excellence in Financial Reporting from Government
Finance Officers Association.
Jon Jalali, City Manager pro tern of Medford, presented the Government Finance Officers Association's
Certificate of Achievement for Excellence in Financial Reporting to the City of Ashland for the
Comprehensive Annual Financial Report for Fiscal Year Ending June 30th, 1996. Jalali noted that of the
roughly 84,000 governmental entities in the United States only three percent qualify to receive this honor
and spoke of the expertise and cooperation required between accounting, department heads, council and
mayor to produce an annual financial report which qualifies for this certificate. It was also noted that an
award of this nature serves as an excellent endorsement of Ashland for those considering buying bonds
issued by the City. Finance Director Turner noted that this is the eighth or ninth consecutive year that the
city has received this award.
3. Presentation by OTAK and acceptance of the Final Report for the Ashland Creek Flood
Restoration project.
The OTAK, Inc. team consisting of Larry Magura of OTAK, Paul Fishman of Fishman Environmental
Services and Clay Moorhead of the CDA Consulting Group presented their Final Report for the Ashland
Creek Flood Restoration Project. Magura discussed the teams three part approach to this project which
involved environmental assessments, an extensive public involvement program and the engineering phase
consisting of hydrologic and hydraulic analysis of Ashland Creek Corridor. Presentation focused on the final
report recommendations on pages 10-18 in the draft final report.
Fishman spoke about the environmental assessment process which dealt with ecological and
geomorphological considerations in the stream corridor to protect, rehabilitate and enhance the stream
corridor's habitat. Emphasized the strong community support for the environmental aspects of the project.
Fishman identified some of the stream corridor features and problems along the stream's course including
City Council Meeting 11-18-97
areas along Calle Guanajuato where paving material had been poured on the stream bank. Noted items
being built into the stream channel impeding flood flows and affecting habitat, confined areas near the
Winbum Way crossing in need of habitat improvement, and potential problems for fish runs due to
structures including culverts with paved, shallow bottoms.
Moorhead discussed the comprehensive public involvement process, stating that the issues identified in the
initial public meetings were so diverse, specialized and community-oriented that they shifted the project
approach to create focus meetings. Five focus meetings were held to identify areas of public concern over
topics including Winbum Way bridge design, hydro modeling and environmental interests. An additional
meeting was scheduled to discuss the architectural design aspects of the Winbum Way bridge when strong
public interest was shown. The public involvement process was particularly challenging due to the need to
prepare an early action report, a short-term risk reduction and long-term management recommendations in a
definite time frame. Also noted how the public was kept informed on progress through public meetings,
newsletters, public notices and announcements. Notices were sent to property owners as well as information
posted at the construction site and on the interpretive signs nearby.
Magura explained the hydrologic and hydraulic analysis to establish a theoretical "100-year flood event" which
would have a one percent average chance of occurring in any given year. Noted that the only available
background was from a 1980 FEMA study which was crude by today's standards. Explained that the bridges
and culverts were undersized even by the FEMA study's findings.
OTAK established a new hydrologic study based on modem methods, realizing that historically Ashland has
had a flood approximately once every ten years back to the 1940's and before which is an extraordinary
number of flood events. Noted that urbanization along the creek has affected its ability to convey flood
flows. Magura explained the Hydrologic Engineering Center River Analysis System (HEC-RAS), which is a
state-of-the-art hydraulic modeling system was used to generate a precise model based on 106 cross-sections
taken in a 4200' section of the creek from Hersey St. to Butler Bandshell and then on to the Granite St.
Reservoir. Based on this model, the OTAK Team was able to identify and prioritize deficiencies and how
they could be addressed.
Explained that the early action recommendations were made to identify things that could be done this
summer to prepare for potential flooding this winter as a means of short term risk reduction. Chief among
these recommendations was the replacement of the Winbum Way culvert with a modem ConSpan pre-
fabricated bridge and a flood wall.
The "100-year flood event" was defined as having a flow of 3100 cubic feet per second (cfs) in contrast to the
prior FEMA study that had defined this event as 2200 cfs. Explained that long term recommendations
focused more on stream corridor management issues.
Discussed the progress of the Winbum Way bridge construction including the placement of all utilities, a
storm scepter to keep storm-carried pollutants out of the stream, a new hydrant, street and crosswalk. Noted
the possibility of project completion by November 26 to allow the bridge to be open to vehicular traffic and
qualifying the contractor for portion of contract incentives. It was explained that the crosswalk is in, railing
and lights are scheduled to be in by mid-December, but that paving would need to wait until dry weather.
Magura asked the council to accept the recommendations on pages 10-18 of the draft final report or provide
input for modifications. The recommendations discussed methods of flood control, including the under-
construction flood wall in Lithia Park for protection; setting minimum channel capacity of at least 1500 cfs
and not allowing encroachment; removing and replacing gunire in channel or expect bank failure along Calle
Guanajuato; cantilever deck removed; adopting stream setback ordinance and consider designating existing
structures as non~conforming.
City Council Meeting 11-18-97 2
Moorhead discussed the need for a flood management plan in addition to the flood control measures.
Suggested that an annual review of flood hazard conditions be conducted as part of Emergency Management
Plan by city staff with consultants and/or community members to identify improvements and maintenance
issues for the drainage basin which could reduce future risks of flooding. Moorhead identified removal of
woody debris from floodplain similar to the City of Medford Public Works program for regular annual debris
removal. This could involve coordinated effort by the City, Parks Dept. and the Forest Service. Also
suggested conducting an annual tree assessment on creekside; using removable or bolted-down concrete
furniture to withstand flood conditions; designating a specific member of staff to undertake the flood plan;
refining response plan in "greenbook" of emergency responses, including the stockpiling of sandbags,
purchasing a sandbagging machine, and placing stations for sandbags at strategic points, including pedestrian
walk near lower duck pond in park; and identifying and maintaining a list of at-rislc-properties.
Magura explained recommended flood design standards for improvements on new structures to meet the
3100 cfs/100-year event standard. Noted that Water St. bridge should be the next focus of city's efforts and
something similar to the Winburn Way bridge should be considered. Replacement of pedestrian bridges was
also suggested.
Fishman outlined some of the habitat and environment recommendations. Explained that bridges, stream
bank protection or other projects in the stream corridor should follow guidelines and review procedures to
protect habitat and hydraulic capacity for flood conveyance. Control of sediment and erosion watershed-wide
is a major part of this issue due to sedimented granitic soils. Fishman is working with Parks staff to
formulate a stream corridor management plan, and recommended that the city work with Oregon
Department of Fish and Wildlife and the National Marine Fisheries Service to determine fish production
goals and develop a formal program to improve fish habitat and allow fish passage. Urged council to look at
both short- and long-term improvements recommended in report, to review them carefully and develop an
implementation plan. Noted that most of the short-term recommendations are in progress, so the long term
recommendations should be looked at closely to develop a long-term plan.
Fishman also discussed aesthetic considerations and community character, giving only one recommendation.
That the community involvement should guide aesthetic decisions for future improvements in the stream
corridor. Used the Winburn Way bridge design as an example, since it resulted largely from community
input during the interactive process of public meetings.
Magura summarized what had been requested of the OTAK team, including early action items, main report
of recommendations and that the project be carried out in a very public atmosphere with extensive
interaction between consultants, staff and concerned members of the public. Outlined how these items had
been delivered, summarizing the presentation and mentioning the recent FEMA Hazard Mitigation Grant for
$150,000 which was prepared by Mr. Moorhead with no additional compensation from the city.
Magura then discussed ideas about what needs to be done next. These included fixing Water St. bridge with
one smaller than that on Winburn Way. Noting the utility conflicts and the "riskylocation" of the new
condominiums on Water Street. Looked at what needs to be done on Calle Guanajuato, especially with
regard to the existing pedestrian bridge (Ken Mickelsen of Parks Dept. and Brian McCarthy, Parks & Rec.
Commission landscape architect have this project under way). And how to deal with the damaged gunite
areas on the Calle.
Concluded by expressing appreciation of city staff for their essential contributions to the overall effort,
specifically mentioning Public Works Director/City Engineer Paula Brown, Assistant Public Works Director
Jim Olson, and Interim City Administrator Greg Scoles.
City Council Meeting 11-18-97 3
Mayor Golden questioned the shallowness of the new Winburn Way bridge's flow and channel. Fishman
explained geomorphologists had been looking into this and decided on the addition of hard elements to
balance hydraulic ca~pacity, habitat and water passage in the area where the retaining walls create the
channel. Will also be dealing with the fish weirs under the bridge to address this issue.
Councilor Reid questioned alternatives to gunitc. Fishman suggests stone, rock and grouted stone walls;
clarified walls could be used to stabilize steep banks. Clarified that structures referred to earlier had actually
been constructed into the active creek channel as decking foundation, and that the grouted stone walls would
not have a structural nature but rather would set the grade of the stream bed to direct the water flow.
Mayor Golden noted that the FEMA Hazard Mitigation Grant was actually in the amount of $155,000, not
the $150,000 previously mentioned, due to the addition of $5,000 for administrative costs.
Cate Hartzell/881 E. Main St./A member of Watershed Partnership speaking on her own behalf, asked that
the report be accepted, but not adopted as the Watershed Partnership is still reviewing the
recommendations with staff.
Councilors DeBoer/Laws m/s to accept final report. Voice vote, all AYES. Motion passed.
CONSENT AGENDA
1. Minutes of boards, commissions and committees.
2. Monthly Departmental Reports - October, 1997.
3. Confirmation of appointment of Russ Chapman to the Planning Commission.
Councilors Hauck/Reid m/s to accept the consent agenda. Voice vote, all AYES.Motion passed.
PUBLIC HEARINGS
1. Summary of expenditures to be included in Flood Restoration Bond Issue.
Public Hearing open: 8:05 pm.
Finance Director Jill Turner explained the proposed bond issue and recognized the contribution by city staff
members Jim Olson and Karen Huckins who spent hours helping to prepare information for FEMA. Noted
that despite the long process, the results are genuinely satisfactory and there has been very little
disagreement with the FEMA office or the Office of Emergency Management.
Turner explained that most of the work is completed or nearly completed. Presented graphs detailing
breakdowns of the total expenditure of $3.6 million and the sources of repayment. Explained that FEMA
will not pay for highway repairs and that bond proceeds could only be used for capital, not "emergency"
costs. Requested approval of bond issue for $1,080,000, which is less than the $1,250,000 expected. Noted
that damage costs were nearly $1 million more than initial estimates, and requested the issuance of general
obligation bonds for flood restoration. Turner noted that she intends to refinance the 1992 water bonds (due
to the presence of a favorable interest market) by combining as one issue and reduce the cost of issuance.
This would provide significant savings ($50-75,000) by refinancing now.
Mayor Golden requested that the bond issuance be discussed under Ordinances, Resolutions and Contracts
in order to complete the Public Hearing by 9:30pm.
Public hearing closed: 8:13 pm.
City Council Meeting 11-18-97 4
2. Consideration of revised Hillside Development Standards.
Public hearing open: 8:20 pm.
Mayor Golden explained that Ashland residents would be allowed to speak first, followed by non-residents,
and that all speakers would be allowed three minutes. Noted that all non-resident speaker requests were in
opposition to the ordinance and were in some way connected to real-estate or development.
Director of Community Development, John McLaughlin explained that the ordinance was back before
council after l 1/2 months in ad hoc committee meetings. During that time, issues such as slope, building
location, and design standards, had been dealt with. McLaughlin noted that a memo had been received from
Department of Land Conservation and Development (DLCD) Field Representative Jim Hinman explaining
their review of the ordinance and giving some suggestions. After consideration of these suggestions,
McLaughlin concurs and recommends a deletion of the line in 18.62.080(h) which states "of sufficient size to
accomtnodate the uses permitted in the underlying zone". This was a clarification of building envelopes as
suggested by DLCD as per their memo. Stated that other concerns in the DLCD memo will likely be
addressed in the City's findings.
McLaughlin also discussed the 22 page memo received from Wendie Kellington on behalf of the Rogue
Valley Association of Realtors. This memo included 29 specific recommendations, the first six of which refer
to specific items from a previous memo and the remaining 23 raising questions with the original ordinance.
McLaughlin stated that neither he nor City Attorney Paul Nolte felt these issues should be acted upon by the
council. Disagreed that the ordinance resulted in noncompliance with statewide goals as suggested in the
memo. Addressed specific issues in which the Rogue Valley Association of Realtors claims a loss of 1129
buildable units on vacant lands as a result of this ordinance. The Planning Department identified only 1600
available units in the entire city, and estimates that only 33 buildable lots would be lost. This is a loss of
only two percent of the currently available building lots, rather than the 70% suggested by the Rogue Valley
Association of Realtors, which McLaughlin stated, was "very misleading".
Councilor Reid questioned whether taking division of lots into account could affect the parties reaching these
numbers. McLaughlin explained that currently there are requirements affecting development on all hillside
lands, and a higher level of geotechnical analysis and plan requirements and more requirements for new
street requirements.
Councilor Reid asked whether certain requirements would apply only to splitting lots or creating new lots.
McLaughlin stated that this was not the case. Also clarified that tree removal, when not part of
development, as part of wildfire management in accord with the Fire Department, would not require a
permit or involvement of the Planning process.
Steve Wood/460 Parkside Dr./Currently building on hillside. Has moved his envelope to save a small tree,
and will use indigenous plants. Stated that Planning Department is made up of intelligent, creative people
who strictly enforce, to the letter of the law, all building codes for safe hillside construction. They protect
the environment and create safe, secure homes. Feels that this ordinance is an intrusion into personal
property rights that amounts to a shameless landgrab on the part of the no-growth lobby. Would like to see
laws, which apply to all citizens, equal.
Marilyn Briggs/590 Glenview Dr/Stated that the ordinance is well put together with a few minor problems,
and that the Cooper property is evidence of the need for strong standards for hillside development. Willing
to forget color requirements, and noted that 18.62.080(a) provides a variance procedure to satisfy those
opposing the ordinance. Quoted Frank Lloyd Wright who recommended building up hills not on hills due to
City Council Meeting 11-18-97 5
fire patterns. Noted her personal experience with fire in the 1960's,where fire moved up Glenview Dr. to
Terrace St.
John Billings/1140 Jackson/Questioned number of available lots. Made note of his time in council beginning
in 1953 and his 30 years of service on council and in the planning commission. Stated that problems arise due
to the number of people wanting to live here and needing rules to balance desirability versus livability.
Future will bring more people and we should plan to expand boundaries west out Ashland Mine Rd.. Feels
that basic rules of construction would satisfy concerns over hillside development safety, but noted his
concerns regarding runoff. Wants to keep Ashland liveable.
Bill Emerson/90 5th St/As a design professional, he likes the existence of guidelines but would like to have
a definition of design professional added along with architect in 18.62.080(g).
Pat Walden/144 Nutley/Owns an undeveloped lot on the hillside, and feels that while these restrictions affect
her ability to build or sell she still favors the ordinance due to concerns over fire, flooding and aesthetics.
Hillsides are important resource to the community and should be placed before properly rights, and people
sometimes need to give up individual rights to live together for a common good.
Pete Seda/1257 Siskiyou/Thanked volunteers for work on ordinance and appreciates the professionalism of
the Planning Department. Stressed the importance of relying on volunteers, with professional assistance
when needed. Noted that the State Urban Forestry Board would be willing to help with a tree protection
ordinance. Felt that relying on the volunteer process and then forwarding to committee, planners and
councilors makes accomplishing initial goals difficult.
Barbara Bean/510 Terrace/Concerned about unstable granite slopes. Ordinance goes a long way to protect
slope. Council must look to best interest of vast majority of citizens and have courage. Original standards
correct with 35 % limits. Questioned lots in watercourses.
Claire Collins/315 High St./Questioned slope percentage and noted 35% was a compromise as many wanted
a 25 % limit. Noted difficulty in getting fire trucks up steep roads especially when icy. Ashland is a fireprone
town and hillsides effect entire town. Roads on slope lead to erosion and run-off which contributed greatly
to this year's flood event. Need planning and guidelines to reach the desirability level citizens want, and
there are variances for special cases.
Becky Lindgren/Granite St./Granite St. property owner, born in Ashland. Concerned about her ability to
build, divide or sell a two-acre lot she owns under this ordinance. Has similar concerns for grandmother's
property.
Gerald Cavanaugh/560 Oak/Spoke before in favor of strictest ordinance. Not an issue for science to decide
but is up to the majority reflected through council's decision. 35 % in these hills appears too steep for
building, but it is a standard that can be worked with, Aesthetics deal with more than color but shape, size,
placement and as such must be considered and regulated. "Should" is acceptable in place of "shall"with
regard to color. This issue touches a raw nerve, and council needs to consider the will of the majority in
making a decision.
Cate Hartzeli/881 E. Main/Confirmed general support for safety aspects, stating that the issue should not be
"keeping houses on the hill, but the hillsides on the hill". Ordinance could have tried to deal with other
design options other than color, but the committee tried to mitigate key aspccts of the appearance of the
overall number of houses on the hill. Noted that the Comprehensive Plan might be interpreted to encourage
restrictions even lower than 35 %, and that the city needs to balance keeping developers in business with
City Council Meeting 11-18-97 6
safety of hillside. Questioned subsidizing growth at the expense of all citizens, noting issues concerning
property rights, costs of growth, traffic goals, fire and erosion risks.
Steve Morjig/610 Chestnut/Considers it a mistake not to have involved realtors and builders earlier in this
process. Opposed to some elements as the ordinance is primarily aesthetic and should not regulate
aesthetics. Flood damage on Granite St. was due to natural erosion, and in the case of the Cooper property
a city mistake in approving subdivision. Present regulations are adequate to handle hillside issues. Noted
that wording should be suggestive and felt that "enforcement by committee" would be difficult and time
consuming.
Lynn Fergeson/1537 Lilac Cir/Noted that 1100 citizens had signed a petition asking for adoption of
proposed ordinance and expressed concern with building to ridgeline. Expressed strong feelings that we are
irreparably damaging community with current building practices, and that color concerns have been a
diversion from important issues. Special interests seeking monetary benefit shouldn't be placed before the
community at large, and we should diligently guard our irreplaceable natural resources for the benefit of
future generations and carefully preserve the safety of our present citizens.
Marie Donovan/Ashland Homes/189 Logan Dr/Against the ordinance, and disturbed by the "lack of
process". Noted that city's interpretation of Oregon Administrative Rules, that no urban residential growth is
expected to occur on hillside slopes greater than 25%, is wrong by her understanding. Felt that the city's
entire buildable lands inventory must remain available for residential development unless the Comprehensive
Plan land inventory is amended before this ordinance is adopted. By not dealing with this or dealing with
impact on city's remaining Goal 10 compliance, this ordinance removes a large amount of land from the
city's available housing stock. Feels strongly that this is contrary to law, and bad policy placing undue
pressure on urban growth boundary. Feels this is a disservice to agricultural lands, the urban growth
boundary, sister cities and Jackson County. As a fiduciary of the city'sland use program and steward of the
county and state land use programs the city should not adopt the proposed ordinance as written.
Bill Robertson/2175 Tolman Cr/Chairman of the Forest Commission and President of the Board of Jackson
County Fire District //5 for Rural Fire Service. Submitted lengthy letter concerning the ordinance relative to
ecosystem health and fire safety. Stated that city needs to open forest canopy to provide less fuel for fires,
allowing for healthier trees and making it easy and inexpensive for homeowners to take out trees to thin the
canopy.
Peggy Roberts/320 High St/Helped collect signatures on the petition to pass the ordinance. Citizens have
shared concern about continued unrestricted development destroying hillsides. Hillsides are identified as a
natural resource in statewide planning goals for the protection of natural features. Many hillside residents
and properly owners favor this ordinance. Council faces both an obligation and an opportunity to reach a
"Sustainable Ashland" often spoken of. Must consider social wellbeing, financial results and environmental
protection.
Bill Tweedie/1537 Lilac Cir./Volunteer who helped circulate petition. Expressed support of strong
ordinance, with safety and aesthetic elements, noting that aesthetics cannot be separated. If restrictions not
retained in ordinance, the natural beauty of the hillside will be gradually destroyed, affecting the desirability
of the city. Noted that American Planning Association requested information from jurisdictions with hillside
plans or ordinances. 190 cities and counties responded, and 75 % of those listed aesthetic purposes as the
reason for the ordinances, and this was highest percent of all reasons given.
Henry Kneebone/449 Orchard St./Disagreed with ordinance, noting original recommendation of Gov.
McCall to build on hills in order to save farmland.
City Council Meeting 11-18-97 7
Bob Taber/97 Scenic Dr./Progressive Citizens Alliance/Read November 13th letter from petition signed by
1100 petitioners regarding adoption of original ordinance, and urged council to pass the ordinance.
Carlos Reischenshammer/600 Emigrant Cr. Rd./Noted he was in favor of health and safety issues and
opposed to aesthetic regulations, feeling that standards should be the same for all. Urged another look at
the ordinance to separate safety from aesthetics. Also noted that after speaking to the fire department he
was told that the deck height issue wasn't a safety issue on their part, as implied in previous discussion of
ordinance.
Steve Asher/1060 E!kader/Discussed a letter from John Chandler, Director of Government Affairs for the
Oregon Building Industry Association. Opposed to the ordinance due to divisive nature and disparities it
creates. Aesthetics change and an ordinance shouldn't dictate current conventions to future generations.
Need to compromise.
Dick Trout/830 Garden Way/Spoke for aesthetics, urging council to keep Oregon looking like Oregon.
Rad Welles/359 Kearney/Concerned with Californians moving to Oregon and then dictating policy.
Variance procedure is not available to all. Questioned how many lots are really affected by requirements of
the ordinance, including those with houses. Noted concerns over the "invasive"requirement for a costly tree
survey.
Larry Medinger/115 Fork St./Presented photos, questioning elements of ordinance as they apply to the
photographed houses, including ridge definitions, color requirements, and gables. Suggested guidelines as
used in the Historic District.
Richard Ernst/975 Walker/Concerned that a 10,000sq. ft. lot with 100 trees would be treated the same as a
lot with only 5 trees.
Public hearing adjourned at 9:30 pm, as required in ordinance. Mayor Golden noted that the public hearing
could continue to the scheduled time for the study session tomorrow. Clarified that city ordinance requires
public hearings to be completed by 9:30pm. Stated that only those that had signed up to speak this evening
would be allowed to speak at the adjourned meeting.
Councilors Hauck/Laws m/s to continue public hearing on Wednesday, November 19th at 12:30 pm.
DISCUSSION: Councilor Hagen noted that there had been ample opportunity for comment through the
process. Councilor Hanck agreed with Hagen's comments, but noted ordinance that requires continuation if
all speakers haven't been heard. City Attorney Nolte clarified that the continuation of the meeting would not
be a study session, but a continued public hearing and decision making would be possible. Voice vote: Laws
Reid, Hauck, Wheeldon, and DeBoer, AYE. Hagen, NO. Motion passed, 5-1.
PUBLIC FORUM
None
NEW AND MISCELLANEOUS BUSINESS
1. Authorize Mayor and City Recorder to sign Quitclaim Deed to convey property off Tolman Creek
Road to William P. Robertson.
Councilor Reid requested a map to see the area to be quitclaimed. Councilor DeBoer clarified the situation,
and City Attorney Paul Nolte noted that two new owners are now involved. DeBoer stated that he could
only authorize signing, if the document was in hand, ready to be filed.
City Council Meeting 11-18-97 8
William P. Robertson, grantee in the deed, explained that he's jumped through all the city'shoops and
arranged the agreement to connect city streets. Now he has sold pieces of his property, taken out loans, and
doesn't have legal access to his property. Concerned that if not handled now, an agreement will not be
possible later.
Councilor Laws suggested that the Quitclaim Deed signing could be authorized now pending Friday's
meeting between Robertson and Planning. Councilor DeBoer questioned conveying back this piece if city
owns pieces of all three properties. Nolte explained that the situation was due to a city mistake, and since
the original agreement wasn't recorded in a timely manner, the other pieces do not belong to the city.
DeBoer made strong recommendation that city seek pre-signed agreements in the future from other property
owners.
Councilors Hauck/Hagen m/s to authorize Mayor and City Recorder to sign Quitclaim Deed. Voice vote:
All AYES. Motion passed.
Authorize Mayor and City Recorder to sign Quitclaim Deed removing pedestrian easement at 137
Oak Meadows Place.
Councilors DeBoer/Reid m/s to authorize Mayor and City Recorder to sign Quitclaim Deed. Discussion
on how the survey was incorrect and that the easement is through a deck and part of a house. Discussed
rules of adverse possession and City Attorney Nolte clarified that adverse possession cannot be claimed
against government. Councilor Hauck clarified history. Discussion of the intent behind the original
pedestrian easement and how this would affect eventual extension of the Bear Creek Greenway to Hersey St.
Voice vote: Wheeldon, Reid, Laws, and DeBoer, AYE.Hauck and Hagen, NO. Motion passed, 4-2.
Councilors Hagen/Reid m/s to extend meeting past 10:00 pm. Voice vote: all AYES. Motion passed.
Recommendation by Housing Commission for the creation of a Rental Assistance and Home
Ownership pilot programs.
Senior Planner Bill Molnar and Housing Commissioners Larry Medinger and Gerry Sea presented
information on two proposed city-sponsored loan programs to fund affordable housing in Ashland.
The Ashland Rental Assistance program would provide $750 dollars to potential renters for assistance with
up-front costs, particularly for those who have a regular income but can't meet move in costs. Would be a
short term, 15 month loan at 5 % interest.
Home Ownership program would provide $2500 to help with downpayment and miscellaneous closing costs.
Noted that the program would place a limit on asset, and require recipients to take ownership classes, as well
as requiring residency or employment in Ashland for 6 months previous to application for both programs.
Both programs would be administered by an outside agency. Similar programs throughout the state are
administered by H.U.D. and require no repayment. Repayment would be required under the proposed
programs here. The initial authorization request is $30,000 per program, to allow operation with an
evaluation after 1 year.
Councilor Reid questioned whether this assistance would be available for those receiving H.U.D. loans.
Medinger clarified any loan would qualify as long as Affordable Housing guidelines were met. Molnar noted
a possibility that H.U.D. matching funds could become available later. Councilor Reid questioned whether
residency requirement could be changed to 1 year. Molnar noted that City Attorney Nolte had been
consulted in arriving at the 6-month requirement.
City Council Meeting 11-18-97 9
Councilor Hauck discussed similar programs elsewhere, explaining that recovery through electric bill
payments would help greatly. Councilor Laws questioned bill recovery on electric bills for rentals and stated
it will become a subsidy and gradually lose funds through repayment failure. Councilor Hauck noted
success of others in the region.
Councilor DeBoer questioned whether this funding was available to be used elsewhere, also noting that
$2500 would be of little help with most closing costs. Councilor Hauck clarified that the funding was
available to be used elsewhere.
Councilor Laws/Hagen m/s to authorize the program. Voice vote, all AYES. Motion passed.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Reading by title only of "A Resolution Authorizing Issuance of Flood Restoration and Refunding
Bond Issue Series 1997."
Councilors Hauck/Laws m/s to adopt Resolution//97-38.
DISCUSSION: Mayor Golden spoke concerning Measure 50 issues, property tax value increases and the fact
that funds may be available elsewhere. Suggested leaving electric rates as is, rather than decreasing them as
had been discussed. Would like to see funds made available elsewhere without bond or tax increases.
Questioned a way of retiring bonds without specifying retirement through property taxes.
Finance Director, Jill Turner clarified that general obligation bonds could be paid as a lien against property
taxes if not paid some other way. Noted that this would mean an average cost of $10.53for a $100,000
home. It would be possible to decide on other sources to pay back bonds after issue, but it was noted that
projects for Streets, Parks and Water Departments have little funding available from other sources.
Councilors Laws and Hauck stated that they felt council could authorize the resolution and allow the budget
committee to determine how bonds would be retired. Mayor Golden noted that she'd like a commitment to
find other funding.
Councilor DeBoer asked for clarification of previous issue's amount, rate and payment information from
Turner. Councilor Hagen stated that he was open to looking at other options including tax reductions.
Councilor Wheeldon questioned timeline to get best rates, and Turner noted that the current bond market is
very favorable. Turner also noted that the issue was important now because of IRS calendar year limitations
which require financing wastewater treatment plant and this bond issue in separate calendar years to get the
best possible interest rate. Councilor DeBoer asked about combining Fordyce St. LID with this issue.
Turner clarified that this was not possible.
Cate Hartzell/881 East Main St./Stated that she would like to see public explanations of flood restoration
costs related to this issue. Council members clarified that it had been explained earlier in the public hearing.
Hartzell reiterated that she would like to see costs publicized, with estimates compared to actuals, and
further questioned cost of restoration projects at the airport and the overall process.
Roll call vote: Laws, Reid, Hauck, Hagen, Wheeldon, and DeBoer, YES. Motion passed.
o
Reading by title only of "AResolution Changing the Name of Marklyn Drive to Ashland Creek
Drive."
Discussion concerning the similarity of "Ashland Creek" to "Ashland Street" noting the potential for confusion
on 911 calls. There was confirmation that the Fire Department had signed off on the name change and
City Council Meeting 11-18-97 10
Director of Community Development John McLaughlin clarified related details of the street name ordinance.
Councilors Hauck/Reid m/s to adopt Resolution//97-39. Roll call vote Reid, Hauck, Hagen, Wheeldon,
DeBoer, and Laws, YES. Motion passed.
ADJOURNMENT
Meeting adjourned at 10:30p.m. to continue at 12:30p.m. on Wednesday, November 19th.
Barbara Christensen, City Recorder Catherine M. Golden, Mayor
City Council Meeting 11-18-97 11