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HomeMy WebLinkAbout1997-0617 Council Mtg MIN MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 17, 1997 PLEDGE OF ALLEGIANCE Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers. ROLL CALL Councilors Hauck, Reid, Hagen, Wheeldon and DeBoer were present, Councilor Laws arrived late. APPROVAL OF MINUTES The minutes of the Regular meeting of June 3, 1997 were approved with the following amendments; page 5, paragraph 7, should read, "Mayor Golden voted NO. Councilor Hauck moved for reconsideration."; page 7, paragraph 5, should indicate Councilor Hagen's impression associated with the LID for Monte Vista that the overall cost seemed high, as sidewalks would not be included. This was clarified by the Planning Director.; page 7, paragraph 5, last sentence should read, "He also feels there is more at issue than just dust; the stormwater running down the streets is carrying a lot of sediment into water rights." The Executive Session minutes of June 3, 1997 were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Introduction and Presentation of the City Conservation Commission (Councilor Ken Hagen). Brief overview of City Conservation Commission was given by Risa Buck. Explained that the Conservation Commission is involved in a lot of different areas. Composting, summer classes, healthy food choices and xeroscaping are being offered this year. Reported that the Commission participated in the Recycled Products Fair with Ashland Sanitary, the Sustainable Ashland Logo contest with t-shirts, a recycling video was produced and participation in Earth Day events and the 4th of July parade. This year the commissioners are taking turns writing in the Jefferson Monthly, a section called Living Lightly. Commissioner Russell Chapman, co-owner of Ashland Sanitary spoke on his focus of solid waste issues. They are currently working on a cooperative effort with the School District and the Community Food Store in initiating a recycling program for aseptic packaging and milk cartons at the recycling depot. They are also looking at a commercial food waste route and starting a composting program for pre-consumer vegetated food waste from restaurants. Commissioner Bruce Moats spoke on the Resource Conservation Manager program. The program was initiated by the Oregon Department of Energy in 1992 which involved the contortion of energy providers and school districts as a way to make daily operations more efficient. As an incentive to sign up for the program, the Department of Energy provided an Energy Consumption software management package to the participants. This enabled participants to analyze where attention should be focused on energy and utility conservation • City Council Meeting 6-17-97 1. 1 measures. Commented on the work done by Robbin Pearce, RCM representative for the city and other individuals working as RCM representatives. Commissioner Karen Amarotico, recycling sub-committee member. Explained that they have been developing a Green Seal Program in conjunction with Dana Rayburn to recognize businesses and grocery stores that practice environmentally friendly behavior. Commissioner Karen Tuck, education sub-committee member. Explained that this committee looked into the recycling efforts of students in the classroom and how their activities could be encouraged and supported. The committee surveyed the elementary schools and found that all schools were recycling, but in different ways. It is the intention of the committee to develop a model school, which will help with the varying difficulties that the schools have found in their recycling efforts. Schools will be asked to develop a plan in how they are going to reach higher in their goals of recycling. It was suggested that senior high students could help through their Senior Projects. The goal, is for the students to feel a part of the goal of sustainability in Ashland. Commissioner John McCory, energy and water sub-committee and tree-free paper sub- committee. The tree-free paper sub-committee is interested in finding and purchasing large amounts of paper, possibly in conjunction with other enterprises. This paper would be used for use in city publications, to help in preserving our natural resources. • Councilor Hagen commented on the positive partnerships that the Commission has developed through the food co-op, environmental clubs at the college and students at the schools. Also, spoke on the hard work and energy by these commissioners. Pointed out that this is one, of a few, nine member Commissions. 2. Introduction of City representatives who will travel to Guanajuato, Mexico, to represent the City of Ashland. Introductions not possible at this time as representatives had already left for Guanajuato, Mexico. 3. Update by Carollo Engineering on status of Wastewater Treatment Plant upgrade project. Assistant City Administrator Greg Scoles introduced Bob Eimstad from Carollo Engineering, who gave update on the Wastewater Treatment Plant upgrade. Scoles commented that there will be further meetings with DEQ which could mean more changes. Spoke on the preliminary Landscaping for the WWTP. They are in the process of scheduling public neighborhood meetings. It is their intent to get input from the neighborhood on what their concerns may be, both during construction and on the finished WWTP regarding noise, odor, etc. • City Council Meeting 6-17-97 2 Presented photos showing visual landscaping at the WWTP site. Shared concern in their ability to cover large structures in the area. Gave views on how the area looks now and how it would look in the future. Commented on the areas with constraints and how landscaping will be moved out into the greenway to make the landscaping compatible with the greenway. It is their intent to work with the City Parks department and other interested parties when planting of vegetation. Budget update was given on the completion of the facility plan as $25,700,000 which does not include the wetlands development costs which was in the original facility plan. This cost also, does not include the approximate $900,000 to purchase land for disposal purposes. The pre-design report was identified as a cost of $16,520,000 with additional required facility costs of $3,640,000 and additional recommended facility costs identified specifically for the city, as $1,730,000 for a total of $21,890,000. Eimstad pointed out that there is a savings based on the original facility plan cost. Commented that they would be meeting with DEQ tomorrow, where there may be agreement on the work that has been completed so far in determining what the effluent limits would be during the wet season, when discharge is being released into the creek. DEQ is continuing to develop limits for the dry season. DEQ gave conditional approval of the facility plan, but requested certain things added to the facility plan in order for the city to qualify for State Revolving Fund dollars. Eimstad • reported that there will be an addendum added to the facility plan which covers these additional requests. An additional request by DEQ, has been for a change in some of the early items regarding compliance schedule. The plan is now being considered a one project, as opposed to a three phase project, which makes some changes in the timing, but the overall deadline date will not change. Stated that, even with these timeline changes, the deadline date for immediate water quality standards in the creek can be beat. Project Status Summary showed that the predesign report has been completed depending on DEQ approval. Design and construction is scheduled to be completed before the end of the year 2000. Immediate action items are: resolving project phasing, finalize the facility plan supplements with DEQ, hold neighborhood meeting in July for input, and finalize the final design scope and schedule. Explained that the supplemental plan includes additional information on the pump stations, information based on the redesigning, re-phasing of the project and environmental assessment work. Informed council that the next meeting will involve discussion on budgeting and funding issues for the WWTP. • City Council Meeting 6-17-97 3 • Questions regarding how Talent Irrigation District fit into this design and if there was any continued discussion regarding putting effluent into the TID irrigation system. Scoles explained that the effluent would be going onto the Imperatice property rather than into the TID system. City Administrator Almquist reported that at a previous TID board meeting, there was general consensus by members to not allow effluent discharge into their irrigation system. CONSENT AGENDA 1. Minutes of boards, commissions and committees. 2. Monthly Departmental Reports - May, 1997. 3. City Administrator's Monthly Report - May, 1997. 4. Confirmation of Mayor's appointment of Paula Brown, P.E., as Public Works Director. 5. Confirmation of Mayor's appointment of Dan Jackson, D.D.S. to the Hospital Board. Councilor Wheeldon requested that item #3 be pulled. Councilors Hauck/Reid m/s to approve consent agenda items #1, #2, #4 and #5. Voice vote: all AYES. Motion passed. Councilor Wheeldon questioned if the appointment of City Administrator Brian Almquist to • the Jackson County Public Safety Coordinating Council was a result of previous discussion by council regarding consolidation of law enforcement. City Administrator Almquist clarified that this had to do with early release and community correction. State law requires that each county has a coordinating council and must have one city manager on the council. This had nothing to do with previous discussion, but is only a matter of his turn to take on this position. Councilors Hauck/Wheeldon m/s to approve consent agenda item #3. Voice vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Planning Action 94-117. A request for a Site Review and Outline Plan Approval for a 7-lot multi-family townhouse project on Church Street, West of North Main (Norbert and Phyllis Bischof, applicants). Mayor Golden read the guidelines and procedures for Land Use Public Hearings. PUBLIC HEARING OPEN: 7:45 p.m. EXPARTE CONTACT: Councilors Reid, Hauck and DeBoer reported site visits. • City Council Meeting 6-17-97 4 STAFF REPORT: Planning Director John McLaughlin reported that this is an application for an outline plan approval under the performance standard options. Criteria and notice was mailed out to all surrounding property owners. This also involves an application for a site review and the criteria was included in the information mailed out to property owners. The application was approved by the Planning Commission in December 1994 and appealed by the neighborhood soon afterward. The appeal dealt specifically on the legal access off of an alley, which they did not feel was clear. Also, that the application did not meet lot coverage standards, that the calculations provided by the applicant were incorrect. The applicant requested a delay in the appeal hearing to pursue mediation with the neighborhood. The mediation was not successful, and a hearing was requested in July 1996. Planning staff delayed this request, based on failure to address issues raised by the neighborhood, as part of their appeal. McLaughlin brought attention to a letter from the applicant which requested a hearing in April 1997. Based on staff concern that additional information still needed to be provided, staff allowed a June 1997 hearing by the council. McLaughlin reported that there is very little new information that addresses the concerns raised by the planning staff in the past two years. This led to the recommendation by staff of denial for this request. That it failed to meet lot coverage or that the issue of alley access is not clear. • McLaughlin explained the project as a 7-unit multi-family development, with R2 zoning and base density for the project area, which does not include density bonuses. This is an appropriate level of density for the downtown area, according to the comprehensive plan. Design is traditional and compatible with the neighborhood. Staff met with the applicant yesterday and went over the same concerns as previously discussed. The applicant responded with a map, which requested removal from consideration, two units from the back portion of the property accessing off the alley at issue. The applicant believes that by removing that portion of the application, they would comply with the 35% landscaping requirement. McLaughlin voiced continued concern regarding receiving last minute additional information from applicant. The applicant, just prior to this evenings public hearing, provided additional information from their surveyor about lot coverage, which indicated discrepancies on calculation figures. Stated that there had been no map submitted from the surveyor showing how these calculations were formulated, or a map which matches what was submitted with the design. Additional concerns with the map indicates redesign issues regarding parking off of the alley. Because the map was submitted so late with these revised parking spaces, staff has not had an opportunity to review. Staff has had continued concern and issue with their ability to determine whether the project meets the minimum standard requirements. • City Council Meeting 6-17-97 5 Councilor Reid questioned the procedure for requesting that the hearing be moved to another date, in order for all information to be collected. Commented that there had been previous discussion that the planning for multi-family residential had to be complete before submitting for approval. Discussion regarding meeting minimum requirement of density and how this would be handled. McLaughlin explained that current information is not adequate enough to answer these questions. City ordinance requires that there be complete landscaping plans meeting all requirements, in order for approval. City Attorney Nolte explained to council, they could hear the appeal on the plan that was approved by the Planning Commission. Council could go as far into the Public Hearing as they like, in order to determine if all information is available. They could then continue the Public Hearing to a later date, when additional information that is required is submitted. McLaughlin clarified for council that the applicant waived the 120 days when they agreed to go into mediation and it has now been over two years. If continuance is requested, applicant would need to be requested to continue waiver of the 120 days. Discussion by council on waiting for all information before proceeding with hearing. Concern that this has been on the table for two years, but that information has only just come forward in the past two days. It was suggested that there needs to be clarity for applicant, if • public hearing is rescheduled, that information required will need to be provided by a designated date. Councilor DeBoer felt there is a responsibility to the applicant to make a decision. Mayor Golden explained that when partial information is submitted for council review, it becomes more complicated in the decision making process. Councilor Laws pointed out that the responsibility by the council is to the appellant. The appellant is entitled to a hearing, unless they are willing to grant a postponement. Nolte advised council if they want to make a continuance, this needs to be done through a motion, with a time constraint included. Councilors Reid/Hauck m/s that information be provided to the Planning Department by July 7th and continuance of the public hearing be rescheduled to August 5th. DISCUSSION: Deboer disagrees with motion. Stated that the applicant requested the hearing and that the applicant takes the risk of decision by the council with whatever information was provided. Believes there is a timeline. Neighbors voiced concern that they have waited for a long period of time for this hearing. Comment was made on risk by applicant, that without complete information provided to council, appeal could be denied. • City Council Meeting 6-17-97 6 Councilors Reid/Hagen m/s to temporarily adjourn meeting to allow neighbors at meeting a time for private discussion regarding continuance of hearing. Voice vote; all AYES. Motion passed. Motion by Councilor Reid to amend her motion for continuance of the hearing to September 2nd council meeting, but information provided to Planning Department remain as July 7, 1997. DISCUSSION: Reid felt it would be advantageous for all participants that information be presented at one meeting. It was clarified that if public testimony were to be taken at this time, it would open up the public hearing process. Councilor Hauck felt the burden lies with the applicant to make their case, and they should be ready to present the information that is necessary for the council to make a decision. He would be willing to go forward at this time toward making a decision and to see if the applicants are able to make their case with information that is provided. Roll call vote: Laws, Reid, Wheeldon, DeBoer, YES; Hauck, NO; Hagen absent from the room. Motion passed, 4-1. PUBLIC FORUM Bob Sullivan/525 Sheridan/Spoke regarding due process on the testimony taken during the last council meeting on an LID formation and the setting of a public hearing. Stated that he was not aware that council could allow an open hearing on this item. Felt there is too much criticism directed at developers through the Local Improvement District process. Finds it • difficult to work with the city. - Informed council that there is additional property owners signing in favor of this LID. Commented on the increase of taxes that have continued to be levied against this property. Does not want to declare "open space" without changing the system of taxing. Stated there is a need for a storm drain system in Ashland, feels there is necessity for curbs and such that will accommodate water flow. Councilor Wheeldon requested additional discussion by council on the LID process. It suggested that this be done at a future council study session. UNFINISHED BUSINESS 1. Consideration of request for water service on Dead Indian Road for property located outside the city limits but within the Urban Growth Boundary. City Attorney clarified for council that "failed" would meet the intent and definition of contamination. Comparison of current limit of sewer line to 100 feet of the premises and proposed water line was discussed. Nolte explained that this is the same standard as in the sewer connection, but that DEQ has indicated they may change the standards for sewer to 300 feet. • City Council Meeting 6-17-97 7 Applicant acknowledged that they did not have a certificate from Jackson County which • indicated that the system had failed, it was their determination that the system could not be feasibly fixed and that the water line is within 100 feet of the premises. Councilors DeBoer/Reid m/s to approve request for water service, subject to verification by city staff that the applicants meets the criteria of the new resolution establishing standards for water connections outside the city limits. Roll Call vote: DeBoer, Wheeldon, Hagen, Hauck, Reid and Laws, YES. Motion passed. NEW & MISCELLANEOUS BUSINESS 1. Petition for skateboarders asking for revision to City Ordinance prohibiting skateboarding on city streets. Almquist suggested forming a committee composed of representatives from the Traffic Safety Commission, City Police Department and the skateboarding group to begin looking at the options and some other problems. Their task would be to bring back recommendations to council. Councilor Hagen suggested that a representative from the Bicycle Commission also be a part of this committee. City Attorney Nolte read ordinance which outlined the use of, or prohibition of, skateboards. Acting Police Chief Mel Clements reported that he had acquired information from various other cities regarding their policies covering skateboarding. Clements explained that the • main concern are safety issues surrounding the use of these boards on the roads. Explained that when individuals are using skateboards on the streets and are using a low down position on their board, it is almost impossible to see the skateboarder from a car. Feels there needs to be great caution if skateboarders are mixed in with cars for use on streets. Reported that there has been 99 warnings handed out to skateboarders this year, and is more of a problem in the downtown area. Because of recent number of complaints and increased pedestrian traffic, Clements would like to enlarge the area of enforcement by prohibitive use of skateboarders, to C Street. Voiced concern on the reality of enforcement problems, even if skateboarding is allowed on a broader use. Clements did acknowledge the use of skateboards as a viable means of transportation for a lot of young people. Discussion regarding the use of a broader definition on "skateboarders". Nico Pecoraro/494 Holly/Stated that users should be able to use skateboards in low traffic areas. Does not feel there is a safety issue and that they should have the same rights as bicycles. Andrew Moens/375 B Street/Feels that the laws regarding use of skateboarding on low traffic use streets should be changed. Explained that most skateboards have plastic wheels and there is not a noise issue. • City Council Meeting 6-17-97 - 8 Erica Rademaker/375 B Street/Commented that her son uses skateboards as a means of • transportation. Does not feel that sidewalks are safe to use because of the status of repair or shared use by pedestrians. Has witnessed safety precautions used by skateboarders. Felt there was a lack of respect for authority by skateboarders because of the lack of continuity in enforcement. Joanna Pecorao/494 Holly/Stated that her son uses the skateboard as a means of transportation. Feels this is a healthy environment for her son. Would like the children to have a positive outlet and believes there is an alternative that would meet all needs. Believes that skateboard use should be allowed in low traffic areas. Asha Wolf-Stout/130 Orange/Does not believe skateboarding should be allowed in the downtown area, but believes there should be a pathway that could be used. Stated that there needs to be direct routes, such as paths for bicycles. Explained that he is able to come to complete stop when going 15-20 mph. Deborah Heatherstone/2000 Tolman Crk Rd/Children use skateboards as main means of transportation. Although an extreme sport, commented that safety is encouraged. Ordinance needs clarification, skateboards need to be treated in a similar manner as bicycles. Would like to see skateboard confiscation stopped. Felt that creating a group to explore options was a good idea. • Lucian Heatherstone/2000 Tolman Crk Rd/Clarified that even though skateboarders do not have brakes, they can be stopped. Keenan McGrew/2458 Siskiyou/Reported his skateboard was recently confiscated when he had to use the street in order to avoid a pedestrian. Explained he does not like to skate in the dark. Council discussion regarding forming a committee. Golden would like council to allow use of skateboarders on low traffic streets. Golden felt that if a committee is formed, that the committee would need to find a way to better educate skateboarders where it is illegal, and why it is illegal. Stated that if skateboarders want to be recognized as a viable form of transportation, they need to abide by the laws. Laws feels there needs to be distinction made between mode of transportation and the sport of skateboarding. Councilor Reid voiced concern on how to define or identify "low traffic" streets. There was discussion regarding the status and safety of some sidewalks, where sidewalks intersect with driveways and streets, and of the shared use by pedestrians. Hagen encouraged defining the scope of use for skateboarders, and that a wide variety of alternative transportation currently available, be presented. Hagen suggested that safety equipment be included as a requirement in the use of skateboarding. Urged the council to form a • City Council Meeting 6-17-97 9 committee and that information from this committee be included in a council packet in one • month. Wheeldon would like to have low traffic areas identified and questioned how to communicate to skateboarders, the rules that are established. It was suggested that the committee would be responsible in getting this information out to the skateboarders. Discussion by council regarding use of skateboarders in streets and safety issues that surround the use of boards in the streets. General consensus by council was to form a committee composed of the City Street Department, Bicycle Commission, Transportation/Safety Commission and interested parents of skateboarders. Hauck requested that the current ordinance be reviewed and brought back to council for possible amendments. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. First reading by title only of "a Resolution Transferring Appropriations Within the 1996-97 Budget." Councilors Hauck/Hagen m/s to approve Resolution #97-26. DISCUSSION: City Administrator gave further details and clarification for council on the proposed transfers within the resolution. Roll Call vote: Laws, Reid, Hauck, DeBoer, Wheeldon • and Hagen, YES. Motion passed. 2. First reading by title only of "a Resolution Establishing Standards for Water Connections Outside the City Limits." Councilors Hagen/Hauck m/s to approve Resolution #97-27. Roll Call vote: Hauck, Reid, Wheeldon, Laws, Hagen and DeBoer, YES. Motion passed. 3. First reading by title only of "a Resolution Appointing Persons to the Board of Directors of Ashland Community Healthcare Services." Councilors Hagen/Wheeldon m/s to approve Resolution #97-28. Roll Call vote: Wheeldon, Laws, Reid, DeBoer, Hauck and Hagen, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Hagen announced classes being held by the Conservation Department beginning June 21, 1997 at the Ashland Community Food Store. Classes being held include Water Efficient Landscaping and Healthy Food Choices. Planning Director John McLaughlin informed council that the process for the riparian set- back ordinance had not begun as yet. This process will begin this Fall. • City Council Meeting 6-17-97 10 Hagen announced that he will be holding his final Town Hall meeting this Sunday due to • health reasons. Councilor DeBoer reported that he had attended his first meeting on the Winburn Way bridge and would like to have a study session scheduled or direction given by council. His concern is with liability for the city this coming winter. He explained that the engineers had requested clear direction immediately. Assistant City Administrator Greg Scoles reported that at the last public participation meeting, there were alternative designs presented for crossings. He stated that there was a consensus at that meeting, that a pre-fab conspan bridge would be the preferable alternative. The other alternative, although more expensive, was a special designed bridge for that particular location. Scoles explained that some of the things that would have to occur, in order to get the project in before this winter, would be to have some geologic studies done for foundation or bridge abutment design. The consultants have been told to go ahead and get this part of the process started. Scoles reported that there is some site layout work that needs to be done, street alignments and survey work just specific for this area. Scoles stated that the intention is to come back to council July 15th with update and additional survey, design and hydraulic information. • Laws felt it was important that there be a decision point model to follow in order to determine and keep track of when decisions need to be made. This would help staff determine which decisions would require council action. Councilor Wheeldon reported that she had been working with Planning Director John McLaughlin and Planning Staff Maria Harris on the Transportation System Plan. Commented on funding for this and some of the limited number of ways to implement the Transportation System Plan. Wheeldon pointed out that there needs to be focus made on how LID's are part of this plan and that the plan is dependant upon LID'S. Would like to see more public education on the connection of these with Local Improvement Districts. Felt that this would create a better understanding of the process. Councilor Hagen commented that if the council were to "do away" with the LID system, it would be a "slap in the face" to those property owners who live on paved streets with curb, gutter and sidewalks. These property owners have paid either through an LID, or through the improvement of the street when the property was purchased. Councilor Reid reported that the city has always participated and paid their share of any LID. The council has often made decisions, not based on front footage, but to include the number of lots, size of lots or the development. The idea that an LID is always front footage, is mis-information. • City Council Meeting 6-17-97 11 Councilor Hauck explained that the city is not a rural neighborhood, but an urban center. . The State requires cities to accommodate expected population growth. If a neighborhood does not take its share of the growth by the development and infill policy, then it has to go into another neighborhood, in order to meet the infill policy. The alternative would be to annex. Hauck stated that the LID process has been a long time standing process to meet this need and is used all over the state. Councilor Laws suggested that the sub-committee dealing with the LID process meet again and do some refining on recent information being provided. Council agreed that this was a good idea and that staff from Public Works and Community Development should be included. Councilor DeBoer suggested that the city look at the cost of an LID and consider looking at lowering the interest that is charged out to the property owner for their portion of the LID. That the city participate by passing on a "pure net' savings to LID participants. Councilor Reid questioned the possibility of installing an air conditioner in the Community Center. Commented that if dollars are being put into contingency through the budget process, there could be dollars made available for this project. City Administrator Almquist reported that the study session for July 16th would be on the Space Needs issue. • ADJOURNMENT Meeting was adjourned at 9:51 p.m. Barbara Christensen, City Recorder Catherine M. Golden, Mayor City Council Meeting 6-17-97 12