HomeMy WebLinkAbout1996-0319 REG MIN MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
March 19, 199~
CALLED TO ORDER
Mayor Golden called the meeting to order at 7 p.m. , Civic Center Council Chambers.
ROLL CALL
Councilors Thompson, Wheeldon, Hagen, Hauck, Reid and Laws were present.
APPROVAL OF MINUTES
The minutes of the Regular meeting of March 5, 1996 were approved as presented.
CONSENT AGENDA
1. Minutes of boards, commitions, and committees.
2. Monthly departmental reports for February 1996.
3. Acceptance of easement from Lloyd Haines for city parking lot at Water and 'B'
Streets.
4. Approval of liquor license application from Paul and Robert George and Gina
and Kevin George dba South Star OH for an establishment at 2495 Ashland
Street, Ashland.
5. Memorandum from City Recorder requesting blanket approval for current liquor
license renewals.
Councilor Wheeldon requested that item #3 be pulled and placed on agenda under new
business.
Councilors Hauck/Hagen m/s to approve Consent agenda items//1,//2,#4 and//5. Voice
vote: aH AYES. Motion passed.
PUBLIC HEARINGS
1. Proposed formation of a Local Improvement District for Toiman Creek Road
from Siskiyou boulevard to the railroad with curbs, gutters, paving and
sidewalks on one side.
Interim Public Works Jim Olsen explained that this lheoposecl project came to Public Works
from a concerned committee over a year ago. The committee consisted of some members of
Bellview School, Bellview PTO and Traffic Safety Commission. The concern was to try to
make a more safe passage for school children using the street. Several neighborhood
meetings were held which property owners were no ' ..t~d and advertised on, at Bellview
School. In this process it was determined that the be~ way to address the safety issue was to
improve the streets to full city standards, curb, gutte/', paving and sidewalk on one side. It
was decided that the best place put the sidewalk was on the west side using a parkway design
between the curb and the sidewalk. The public hearing was set a month ago and property
owners were noticed along with advertisement in the local paper.
3-19-96 Co~mcil Mintflea
Because they have received numerous calls regarding this project, some of the most common
asked questions were included in the packet for the Council.
He suggested that the request from the property owners on the East side be discussed. The
property on that side is divided by the drainage way that runs through that area, there is an
open space established over that drainage area and the rest of the remaining property between
the drainage and Mistletoe Road is an industrial zone. The request was to exclude that
property from the assessment district. This affects about 18 property owners or would
benefits about 18 property owners on the East side of the street which is the detriment of
about 75 property owners on the other side.
Olson explained that Public Works looked at three different types of assessment, one based
only on frontage, one based on area and one based 1/2 on frontage and 1/2 on area. Because
there are a number of flag lots on the street and a number of lots that do not have frontage
on the street, the frontage method does not work well by itself and the area method is not
well suited because of the disparity in size of lots. In the neighborhood meeting it was the
consensus that the joint 1/2 frontage and 1/2 area would be the best method to assess the
properties.
The improvements in this project would consist of the street remaining the same width, curb
and gutter would replace the two drainage ditches on both sides of the street, provisions
would be made for two travel lanes and two bicycle lanes. There would be no on street
parking on the street. The sidewalk would be on the west side only separated from a curb by
a parkway variable width, 4-6 feet in width.
Clarification was made that the school was included in the LID and the reason that Jacqueline
Street was not included in the LID is because about one half of fight-of-way is still missing
from that street. Between Nova Street and Barbara Street there is only about 20 feet of
right-of-way due to the narrowness, as opposed to 41-47 feet in the rest of the area. In order
to acquire this right-of-way it would take a planning action that requires a dedication of this
It was explained that open space is a commonly shared area. It is a small lot but is shared
by every person in the subdivision. If it were removed, it would increase the assessment to
those owners in that subdivision to the same extent. It was clarified that this is different than
the dedicated open space on that back of the properties involved in this project. The
homeowners own the dedicated open space.
Olson answered questions regarding the grass lined ditches vs. pipe. He explained that it
was a standard issue of permeable soils and run-off, there is more run-off from a asphalt
surface as you would have from a granite surface. It is difficult to maintain sidewalk and
crosswalk situations with the drainage ditch intact. It is a standard practice in full street
improvements to discontinue the drainage ditches as they are maintenance problem.
3-19-96 Council Minutes
It was questioned as to whether the industrial land should be included in the assessment
because when it is developed the only access to that land would involve Tolman Creek Road.
City Administrator Almquist explained that Mistletoe Road was assessed for a portion of the
paving on Tolman Creek Road.
Olson explained that the only subdivisions that do not have frontage on Tolman Creek but
were included in the LID, were subdivisions that had pre-paving agreements. As Tolman
Creek Meadows I, II and III and Grizzly Meadows were developed that Planning
Commission placed those stipulations on those subdivisions that they would participate in the
improvement of Tolman Creek Road. Edmonds Subdivision which is Barbara and Diane
Street was developed in the 1960's and there was no vehicle for this type of agreement at
that time. There was a LID for the improvement of Barbara and Diane Street about 12-15
years ago, which puts them up to full standards with the exception of sidewalks which was
not included in the LID at that time.
Olson clarified that the subdivisions that are included in the project for assessment would not
have been included if they had not already had pre-paving agreements in place. The impact
of these streets is less, especially on Diane Street which has a second outlet onto Clay Street.
Olson stated that no petitions have been circulated on this street, the majority of votes have
come from the pre-paving agreements, which is 52.5 percent. He noted that if Edmonds
Subdivision were included in this assessment district the in favor percentage would be
deluded to less than 50 percent. Almquist added that it has been the policy of the city for the
past 25 years to only incorporate those lots which either have pre-signed agreements or
which actually front on the road in question and not try to extend it beyond that. He feels
that this is consistent with past policy.
It was noted that this project would be the first qualifying project to fall under the city's new
matching fund for sidewalks, which has been explained in the neighborhood meetings.
Olson explained that the improvements to Grizzly and Nova Drive were developed with
sidewalks as part of the subdivision developments.
It is the recommendation of Public Works that Council approve the resolution for the
formation of the Central Tolman Creek Road Improvement District.
PUBLIC HEARING OPEN: 7:26 p.m.
Darci Holmes/758 Capella Circle/Submitted and read letter confirming opposition to the
proposed LID boundary. States they are not opposed to the improvement of Tolman Creek
Road. Letter is signed by Liz/David Medeiros, John Hanshue, Margery Mclntire,
Marilyn/Ernest Salter, Lucia Frank, John Reece, Jennifer Minniti, Ruth Harvey, Ethel
Edwards, A. Birnbaum, Virginia Salmond, Scott Groshong, Kathy Levy, Rita Paul and
Donald Paul.
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Kevin Mason/755 Capella/Had questions regarding the boundary marked on the map.
Would like to see improvements but would like to see it more equitably shared. Stated that
Tolman Road is a county road not a city road.
Dennis DeBey/2475 Siskiyou/Questions whether there would be sidewalks on both sides.
Questions how the assessments were distributed and how the expenses were determined.
J. Frank d'Entremont/975 Tolman Crk Rd/Represents himself and Bellview Grange.
Opposes proposed LID. Does not feel the entire property should be assessed.
Erik Jorgensea/1037 Pinecrest Terrace/Principal of Bellview School. Advocates the
improvement for the safety of the children. Would like to see the expedition of this project.
Malvina/Raymond Vandevalle/980 Tolman Crk Rd/Does not agree with the assessment
amount on his property. Confused regarding definition of open space since they have open
space on their property.
James Dietz/815 Tolman Crk Rd/Feels the problem is speed and that the issue is safety.
Supports the idea of sidewalks but if it doesn't help to decrease the speed of traffic it should
be questioned.
Olson addressed some questions presented in Public Hearing. The Capella estates were not
included in the assessment because there was no requirement on the planning approval that
they sign in favor of improvement to Tolman Creek assessment district. The assessment rate
that was sent out to the property owners is the rate that would reflect inclusion all the
property on the East side, if the East side was excluded the assessment rate would increase.
He clarified that Tolman Creek Road is not a county road and that $69,000 was spent to
transfer jurisdiction to the City, the $69,000 has been included in the assessment district as a
credit against the assessment. The county still owns Tolman Creek south of Siskiyou
Boulevard and a small portion to the north of the mobile home park.
The street is not scheduled for parking at this time, but if there is an opportunity to construct
parking bays in some areas, it may be within the budget of this project to do so.
In regards to traffic calming, there are no provisions in the project at this point because they
were trying to keep the cost down. There could be constructed speed humps, but anything
further would increase the cost of the assessment.
It was clarified that regarding a property owner involved in the assessment, that the property
is zoned industrial and is not being assessed industrial.
3-19-96 Co~meil Minut~ 4
City Attorney Nolte clarified for Council that the city ordinance states that an LID can be
formed if there is no greater than 2/3 in opposition to that LID. It was affirmed that by
using this guideline, Barbara and Diane Streets could be included in the LID. Nolte
clarified that if more than 2/3 object, it only suspends the process for six months and the city
is not required to abandon the project.
Councilor Reid stated that she feels the need exists and that the improvement of the street
and traffic calming needs to be done. She reminded the council of the State share, the
matching grant from the city and the $69,000 from the county. She felt there may not be
another opportunity to get as good a buy. She favors including more properties in the LID.
Nolte contimed that the 50 percent of those in favor comes into play if there is a petition
circulated. The Council would look at the petition of 50 percent signed in favor but the
Council could also initiate an LID with zero in favor.
Councilor Reid suggested that inclusion of Barbara and Diane Street be looked at to share in
the cost of the LID. This would spread the cost of the assessment out more and could be
justified because of the use of Tolman Creek Road by these streets.
It was suggested that there be additional neighborhood meetings to address concerns of traffic
calming, general improvement, cost, etc. with a city facilitator.
Olson clarified for Councilor Wheeldon that there is no design that the community has been
able to look at but just a cross-section. Olson stated that there will be some design work on
Siskiyou Boulevard. Olson confirmed that a by tax lot rate with same number of assessments
was not considered in the rate structure of the assessment, but is a possibility which could be
explored.
Councilor Wheeldon asked if anyone in the community of this LID would be willing to take
up this cause in order to inform neighbors and forming alliances. Darci Holmes agreed that
she would be willing to take this task on by walking around and talking to property owners.
Mayor Golden asked if the neighbors had the understanding that the LID would happen,
would they be willing to meet and decide what the design will be. This design decision
would be made with the help of a city facilitator. If they agreed, there would have to be a
deadline. They would need to know that if this was not resolved within a certain timeline,
the council would revisit and put through what was before them.
Council agreed that the council will decide the district, the city will determine the funding
scheme and the neighborhood will come up with a design that will work, including traffic
calming.
3-19-96 Cotmeil Minutes 5
Council agreed with Councilor Laws regarding his statement that the most equitable
boundary would be to include the properties fronting Diane and Barbara Streets in addition to
the ones that are presently there, including Cappella. Also, the properties on East side of the
ditch should be excluded because there is no equity to having them included. He felt that the
rate structure should remain 1/2 frontage and 1/2 area.
The deadline for this will be May 7, 1996.
5
Planning Action No. 96-018, a request for annexation and rezoning of 11.25 acres
of property located on the west side of Tolman Creek Road, south of East Main
Street, for low-income housing (ACCESS, Inc., applicant).
Mayor read statement regarding procedure for Planning Action Public Hearings.
PUBLIC HEARING OPEN: 8:25 p.m.
Exparte contacts reported:
Councilor Hauck; spoke with individuals regarding generalities, spoke with Debbie Miller on
two major points of her editorial in local newspaper, site visit, clarified that he does not have
direct connection with ACCESS; Councilor Laws; site visit, phone calls; Councilor Reid; site
visit, phone calls; Councilor Hagen; site visit, phone calls, conversation regarding traffic
issues; Councilor Wheeldon; phone calls; Councilor Thompson; phone calls, messages left on
answering machine, comments made to him regarding the waiving of SDC charges and
Mayor Golden; site visit.
Planning Director John McLaughlin listed the applicable standards and presented the staff
report on the application for annexation of 11.25 acres at the comer of Tolman Creek Road
and East Main, which is adjacent to the current city limits. The application at this time is
only for an annexation, the applicant is wishing to wait to see the Council's decision on this
matter before pursuing the detailed site review that would be necessary to allow construction
of an apartment complex. Their goal is to construct a 96 unit apartment complex to serve
low income families. The site review would be deferred to a later date, the applicants have
provided some basic information regarding that portion of the application to allow addressing
of the criteria.
The land is in the urban growth boundary and the applicant is proposing to develop the land
in accord with the Comprehensive Plan designation of Suburban Residential, which is a R1
3.5 zone. In all land classifications, except for suburban residential there is a greater than
five year supply. He reminded council that there is a policy in the Comprehensive Plan that
states that the city shall strive to maintain at least a five year supply of vacant lands in all
classifications to off set market forces. Stated that the application meets the criteria for
public need for annexation of additional land.
3-19-96 Council Minutes 6
McLaughlin stated that there is a need for affordable housing and that this application comes
in at a much lower level than what has been identified through Resolution. The applicant has
guaranteed affordability for up to 50 years.
The Planning Commission reviewed this application on February 13, 1996 and the
recommendation was made 8-1 for approval.
McLaughlin clarified for Council the method of classification of inventory on vacant lands
and rezoning of current lands within the city could be done to maintain the five year
inventory policy.
McLaughlin explained the approach to affordable housing and commented that currently the
Planning Commission is looking at the policy and will submit comments in the future.
It was clarified for Council that only a portion of the land, approximately 3+ acres, would
be used to build the units. The remaining portion of the land would be open for recreational
purposes.
McLaughlin stated that the current Comprehensive Plan governs the guidelines required by
State in regards to bikeways, pedestrian access, etc.
120 day timeline was explained to Council and also that the annexation could be conditioned
so that it ties the project to the annexation.
APPLICANT:
Patty Clays, Executive Director of Access; Deborah Price, Access, 3630 Aviation Way,
Medford/Aeeess is a Community Development Corporation. Affordable Housing benefits
not only the working class but the entire community. They believe this proposal would meet
the needs of those needing affordable housing. The funding criteria proposal dictates many
factors, one factor is the income levd of those individuals living in the units. Committed to
the Council that a deed would be issued on the units that outlines the approved income level.
Clarified that one bedroom units would be proposed, rents on the units would be established
by the governmental guidelines for affordable housing.
Jeff Pauley/P.O. Box 5405, Central Point/In favor of application for environmental
concerns. His firm provided preliminary studies that show the wetlands area to be enhanced
and set aside.
David Foster/1600 State Street, Salem/Responsible for State of Oregon Community
Development. Studies indicated that Ashland has the highest cost of housing in the State.
Strongly encourages to recognize the need for affordable housing and support for the
application.
3-19-96 Cormell Minutea 7
Susan Asam/1600 State Street, Salem/Housing Community Resources, State of Oregon.
Wasn't sure if her testimony was relevant.
Doug Schultz/1600 State Street, Salem/Came forward did not speak. Was in favor of
application.
Michael Bingham/50 W. Nevada/Clarified that he was not prejudicing his vote for future
placement on Planning Commission. Commented on the issue of need regarding affordable
housing. Spoke on personal experiences dealing with employees unable to find affordable
housing and their leaving his employment because of it. Supports proposed annexation
because it is designed to rent to people who already live in Ashland. Concerns with the
future of our community.
Ben Benjamin/323 Maple/As a 20 year resident, feels Ashland needs affordable housing.
Needs the diversity and cultural balance of ideas and lifestyles.
Joanie McGowan/676 Liberty Street/Supports the proposed annexation as she would like to
be able to move back to Ashland.
Ron Roth/6950 Old Hwy 99S/Spoke on the need for affordable housing and mitigation.
Sites several current business that in the past were identified as affordable housing. Does not
feel this is a profit motive application.
Jack Ware/869 Garden Way/Member of housing commission and is involved in affordable
housing issues. Points out that this project is well thought out and proves it by the funding
being made available for the project. Feels it is a quality project that is needed in the City.
Public Hearing will be continued until April 2, 1996 at 7 p.m. to continue public hearing on
Planning Action 96-018. April 12, 1996 would put the project at 120 days, if an extension is
needed it can be addressed at the April 2 meeting.
PUBLIC FORUM
Cate Hartzell/881 E. Main/Urged Council to set informational meeting for the public on the
change of status for the Ashland Community Hospital. Also spoke regarding the Space
Needs committee report. Concerned that the number one recommendation of the Space
Needs committee is not being considered. She felt that the cost in acquiring the Hillah
Temple is taking funds away from improving space needs for city offices. Felt that the
council is not succeeding in providing office space for the city by committing these funds.
She asks that the council consider the number one recommendation of the committee before
taking further action on the purchasing of the Hillah Temple which she feels conflicts with
the recommendations of the Ad Hoc Space Needs Study Committee. She also commented on
the number six recommendation of the committee which recommended that the council hold a
special public hearing devoted solely to this issue which she does not believe has happened.
She urges council to adhere to this recommendation.
3-19-96 Cmmcil Minmcs 8
It was clarified that there will be scheduled joint meetings in the future for public input
regarding the I-Iospital.
NEW AND MISCELLANEOUS BUSINESS
1. Letter from ad hoc ice skating rink committee requesting Council's dedication of
City parking lot land to Parks use for in.,~ta!lation of ice skating facility during
winter months.
David Fredrickson, 39 Union St/Bill Setzer, 727 Holly St/Representing a committee which
are proposing a 60 foot x 120 foot portable ice rink to be located on the City owned parking
lot near the comer of Winbum Way and Nutley Street across from Lithia Park.
Requests that Council, contingent on the community raising the $200,000 necessary for
purchase and construction, to dedicate the parking lot as park property. They would like to
coordinate the opening of the ice rink with the opening of the Festival of Lights.
Council requested confirmation that if they were to dedicate this land as park property it
would still be available in the summer season for parking purposes.
Questions regarding zoning which is R-1 and whether the neighbors had been contacted
indicated support for the project. If land is dedicated as Park land it would not have to meet
the zoning requirement.
Interim Public Works Director Jim Olson stated that there would be a minimal amount of
time and expense by the street department staff to accommodate the lot for the ice rink.
It was clarified that the Parks Commission would be willing to accept maintenance and
operational responsibility for the rink once constructed, estimated at $16,000. This would be
contingent upon the funds being raised.
Councilors Hauck/Reid m/s to continue past 10 p.m. Voke vote: aH AYES. Motion
passed.
Questions regarding noise of generators, loss of arki~ spaces during Christmas season, P g
additional incurred costs by Parks Commission during summer were addressed by committee
members. They stated that the noise of generators would be at the same level as an air
conditioner and that there would be no impact on parking availability during the Christmas
season for loss of parking spaces.
Councilors Wheeldon/Laws m/s to approve dedication of City parking lot to Parks use
contingent upon the additional funds of $200,000 being raised and that there would be
an agreement made between the City Administrator and the Parks Director. Voke vote:
aH AYES. Motion passed.
3-19-96 Couacil Minule, s 9
Letter from AHen Drescher regarding Patrich Murphy's request to enter into an
agreement with the City of Ashland for the extension of the existing Lithla water
line from East Main Street and Sixth Street down Sixth Street to proposed health
spa property at corner of 'A' and Sixth Streets, in.~tallation of the water meter
and payment for Lithla water used.
Allen Drescher/300 E Main/Presented the proposed request for Patricia Murphy. Clarified
that Ms. Murphy would pay to the City of Ashland the cost of extending the water line,
installing the water meter and for the water used.
Interim Public Works Director Jim Olson presented recommendation that the request for
Lithia water service be denied. He cited several reasons supporting this recommendation, 1)
Service line has been abandoned; 2) metering difficulties; 3) problems in hardware
maintenance; 4) health hazard; 5) health department approval and 6) water quantity. The
final quantity available in Lithia Park is only about four to six gallons per minute. The
addition of another user service between the pump and the Park will decrease the City' s
available water at the fountain.
Councilor Laws motion to approve extension of Lithia water line. Motion was
withdrawn.
Consensus by Council that they agree in concept but would like a more detailed report
addressing the concerns outlined by the Public Works department.
3. Acceptance of easement from Lloyd Haines for city parking lot at Water and 'B'
Streets.
Planning Director John McLaughlin explained to Council that the building requires off street
parking which is part of the complex. The parking is coordinated with the condominium
development which will be built later. Mr. Haines will have to built in accord to his original
plans, number of parking spaces, etc. This recognizes that Mr. Haines is getting something
in exchange for having public parking on his property.
Councilor Hauck/Hagen m/s to approve item #3 from Consent Agenda. Voice vote: all
AYES. Motion passed.
ORDINANCES, RgSOLUTIONS, AND CONTRACTS:
1. Reading by title only of "A Resolution authorizing and ordering the Local
Improvements for Tolman Creek Road from the C. O. & P. Railroad to Siskiyou
Boulevard for the Central Tolman Creek Roaq~;Local Improvement District and
authorizing the assessment of the cost of the improvements against property to be
benefitted and providing that warrants issued for the cost of the improvement be
general obligations of the City of Ashland."
To be continued on May 7, 1996.
3-19-96 Council Minutes 10
OTHER BUSINgSS FROM COUNCIL MEMBERS
Councilor Reid requested further information on the Regional Planning discussion to be held
during their study session. It was clarified that the Council will be discussing the work plan
and how to set these plans.
Councilor Hauck encouraged all to visit the Mark Anthony to see the Southern Oregon
Historical Society display on the businesses of Ashland.
ADJOURNMENT
Meeting was adjourned at 10:20 p.m.
Barbara Christensen, Recorder
Catherine M. Golden, Mayor
3-19-96 Cotmcil Minutes