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HomeMy WebLinkAbout1996-0903 REG MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 3, 1996 PLEDGE OF ALLEGIANCE Mayor Golden called the meeting to order at 7:05 p.m., Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hauck, Hagen, Wheeldon and Thompson were present. APPROVAL OF MINUTES The minutes of the Regular meeting of August 20, 1996 were approved with the following amendment, page 9 item 2) should read "Possible study of expansion and estimate of cost". SPECIAL PRESENTATIONS & AWARDS Certificate for Excellence in Financial Reporting for the City of Ashland by the Government Finance Officers Association. Joanne Stumpf presented to the Finance Director, Jill Turner and the City of Ashland the Award for excellence. Turner introduced Marty Levine, chairman of the Audit Committee. Levine explained some of the responsibilities of the Audit Committee. CONSENT AGENDA 1. Minutes of boards, commissions, and committees. 2. Monthly departmental reports for August, 1996. 3. City Administrator's Monthly Report - August, 1996. 4. Request by Senior Program Director for approval to submit a grant application for an addition to the building on Holmes Avenue. Councilors Hagen/Hauck m/s to approve consent agenda. Voice vote: aH AYES. Motion passed. PUBLIC HEARINGS 1. Appeal from a decision of the Planning Commission approving P.A. 94-117, a request for a Site Review and Outline Plan for a 7-lot X project on Church Street, west of North Main Street (Norbert Bischoff, applicant). (Continued to September 17 at request of applicant.) Public Hearing scheduled for this planning action was postponed until the next Council meeting scheduled for September 17, 1996 at 7 p.m. to allow for the clarification of certain items by the applicant. Council meeting 9-03-96 1 2. Proposed revision of Systems Development Charges. Finance Director, Jill Turner presented a report on Systems Development Charges. Also called Fiscal Impact Fees which are charges that are based on the cost associated with growth. System Development Charges try to allocate the growth portion so that the new residences pay for growth and existing residents pay for their proper share. Turner presented a slide that pointed out that System Development Charges are 7.3% of the total Capital Improvement Funding Summary. Turner gave brief history on System Development Charges. Commented on the amount of hard work and effort by the SDC Committee. Turner explained that the System Development Charges can be of two different types. One would be a reimbursement fee, which is where the capitol project is already completed and the current citizens are reimbursed for the extra capacity that they put into that project. The second type is a improvement fee, which are based on projects that are expected to be done and the extra capacity that will be served by that new project. The methodology for calculating are dissimilar and they each have their own specific way that those monies can be used. City Administrator Brian Almquist read letter from John Nicholson which indicated his disagreement with the opinion of the SDC Committee recommendations. Mayor Golden read to the public the Systems Development Charges Minority Report. The report noted water supply, water distribution, transportation and Parks. It was determined that the committee's reasoning was flawed in regards to water supply. It makes the assumption, that because a future water supply has not been identified at this time, new growth should not be paying for that water supply that it will need. It makes the assumption that new growth will not need water, instead of that its sources is still uncertain. It was noted that in regards to water distribution, when upsizing waterlines the resulting unused capacity will ultimately be used by growth. This additional growth should not be given a free ride by way of only having to pay the incremental cost, the savings should be shared. The report indicated that the committee also flawed with Transportation and Parks. In transportation the assumption was that because specific transportation projects have not been identified, there will be minimal cost for added capacity and improvement of transportation systems needed as a result of growth. Donated park land is included in the calculation of average cost of park land, which assumes the same level of donation in the future. The consumer index is used as the basis for active parks, rather than the actual price inflation of land within Ashland. Councilor Reid commented that it should be made clearer the delineation between current residents, new construction and new building. Council meeting 9-03-96 2 Finance Director, Jill Turner made comments on the minority report and how the staff responded. Noted that there was only one difference between the majority report and minority report in that one is using an incremental cost basis of allocating the growth portion of pipe line or water line and the other one is using the average cost basis based on the capacity of the pipe. It was staff recommendation to change the method of allocating growth cost on water lines from the incremental size cost difference to a cost based on the capacity of the pipeline. Stated that in transportation there was always a difference as to what the definition was included in as a street. In Parks, the $103 change is based on basing the cost of the improvement fee on the two recent purchased versus older data. Councilor Laws commented that the committee has been accused of being unbalanced and trying to make all decisions in favor of builders and developers which he feels in unfair to the committee. He noted that the committee accepted the fact that growth should be paid for by those who cause growth as much as State Law will allow. He felt that the committee worked very hard and thoroughly in arriving to their conclusions. The issues that were challenged in the minority report are issues that are not really clear. Laws did not feel that the committee tried to avoid having new growth pay for a new supply of water in the future. He stated that the committee agreed that there should be some project or plan on the part of the City to create a new supply of water or start working toward a new supply of water and that should be paid for by System Development Charges. The committee did disagree that we use some of the costs that would be involved in enlarging the capacity of the pipeline from Lost Creek Dam to Talent, because the City Council has not adopted this as a plan. The committee felt that until this was settled, it should not be assessed as a charge to new growth when it is not known if it is going to be done. The committee's position was that yes it should be paid by new growth, but it shouldn't be paid until there is a concept and rough idea as to what is being worked toward. Laws commented that the committee agreed that new growth should pay for additional capacity in water lines, but that citizens of Ashland should not have to pay for that additional capacity. Would like to find a way so that new growth pay the same amount as the old growth, but not sure how to find that answer. Doesn't believe there is a simple answer to this problem and the committee did their best to find a solution. Laws stated that the methodology of figuring out the SDC's for Transportation is based on a cross section of rope. There was a proposal made to the committee for a full cost of an ideal transportation system. The committee found that the cross section was based on an assumption that for every unit of house, there would be so many miles of streets, which is strictly hypothetical. It was felt that this often would not have any resemblance to reality and did not want to abate this cost. That in order to come up with a equitable cost, you have to figure out a transportation plan in order to plan on where streets would be placed. Until the costs are determined we should stay with the current methodology or in the case of water, the committee did want to tie SDC's to the incremental cost. Council meeting 9-03-96 3 PUBLIC HEARING: Open 7:45 p.m. Larry Medinger/695 Mistletoe Road/Member of the SDC committee. Commented that the SDC committee was formed in the 1990's. Did not feel there was an unbalance with voting members in regards to the building community. Felt it is important as to water and transportation that the city to adopt a plan, judge how much it has to do with growth and proceed. Stated that SDC costs for transportation were based on arterial streets, and there needs to be improvements in bicycle paths. Until there is a plan, it is hard to associate a cost. Urged Council to proceed with developing a plan. Spoke regarding water distribution, questioned why the city should change its current policy of charge by increments. Commented on new business transportation costs that generate high trip generation. Sid Field/525 Tucker/Ad-hoc member of SDC committee. Stated that the committee struggled a lot during the meetings trying to understand the methodology. Did not believe there was ever a disparity in the voting members of the committee. His observation was that everyone recognized there was going to be growth. Questioned how Council could collect dollars or how the committee could set a cost on projects that have not been identified or approved. Commented on job creation and what the SDC's may do to job creation. PUBLIC HEARING CLOSED: 9 p.m. Councilor Hagen noted that the SDC committee's charge was to identify the true cost of growth. City Administrator Almquist clarified that it has been the policy of the city that when additional sized pipes are placed at the request of the city, the city picks up the difference in cost. Council discussion regarding the proposed recommended charges based on a single family residential system development charge. The proposed charges by the committee is a total of $5,630 and the total recommended charge by staff is $7,388. Finance Director Jill Turner noted that the change reflected in water is because there was a reimbursement fee based on Hoster Dam that was dropped. Turner stated that the committee decided to work on an improvement fee basis for water supply. In working out the details as to what those improvements are is what has been a stumbling block. Turner commented that it was the same issue on transportation, in that transportation is a theoretical model. Council meeting 9-03-96 4 Council questioned if the methodology used on water for System Development Charges were equitable. Discussion on the types of projects that the State will allow for System Development Charges. Conncilors Reid/Hauck m/s to adopt staff recommendation being a compromise between the committee and the minority report. Discussion: Mayor Golden commented on being uncomfortable with the city charging a different system than what is charged developers as it pertains to larger size of pipes. Agrees there is a need for future water, but the discussion as to whether there is a pipeline put in or build another dam or not, is a very difficult community decision. Does not believe council can collect money from the community for a decision that is going] to be difficult 1o make. Councilor Laws motion to amend first motion to have the city use the same methodology for water distribution, sizing pipes, doing it on incremental basis that is paid to the developers. No second to motion to amend. Laws commented on the work by council for a policy of new growth in the city paying its fair chair and as close as possible its actual cost. His concern is to have equitable system that is understandable and can be accepted, in the spirit as well as the letter of State Law. He does not feel that the staff recommendations fit this and are leaning the other direction in trying to get as much money as we can that is legal instead of coming up with a system that is truly fair. Councilor Reid call for question on the motion. Roll Call vote: Laws, NO; Reid, Hauck, Hagen, Wheeldon, Thompson, YES. Motion passed: 5-1. Councilors Hauck/Wheeldon m/s to change city policy on paying for increasing capacity from incremental to the capacity charge. Councilor Laws motioned to table discussion. Councilors Hauck/Wheeldon withdrew the their motion. Council consensus to continue discussion at the next council study session. Council discussed different means of methodology in a comprehensive sense rather than issue by issue and how it would be implemented. Laws explained it would be a change to the methodology that is being used for SDC's and would fall under State Law for the required procedure. PUBLIC FORUM None Council meeting 9-03-96 5 UNFINISHED BUSINESS Council completed appeal for Planning Action g96-047 from August 6, 1996 Council meeting. Councilors Wheeldon/Hauck m/s to deny Planning Action #96-047. Discussion: Councilor Thompson stated that this Planning Action is the kind of thing that should be favored in this town, not the kind of Planning Action that knocks down density as if it somehow gives us a more livable city and points us in the proper direction. Councilor Hagen pointed out that more likely than not, the same nnmber of square feet would be under roof for either project and the five house proposal would have been small homes and more affordable. Councilor Laws commented on the two arguments that were made against the appeal, one which was the open space that was provided was not true open space. He feels the council needs to be clear about the message being sent to Planning Commission as to how to deal with open space in the future. Second, this was a hillside development and therefore did not fit the same standards that other developments below the hill should get, that the open space provision were not appropriate in this circumstance because of the slope. Laws revisited the location and found the slope quite gentle and a pathway does make sense which makes no sense to the second argument. Mayor Golden clarified that when there was discussion about setting aside lots with the idea of open space, that you would move out that building envelope to another portion of the lot and leave it for open space. Golden clarified she was discussing access to and from. Councilor Hauck stated it is also for protection from development of the open space that is used in the calculation for subdivision development. In his reading of the language it stated it had to be a full lot development not that only part of it would be used as part of another lot, in its self would be a lot. Roll call vote: Laws, Thompson and Hagen, NO; Reid, Hauck and Wheeldon, YES; Mayor, YES. Motion passed: 4-3. 1. Findings, Conclusion and Order for P.A. 96-047 (Evan Archerd). Councilor Hauck requested that part of his decision making included, that it didn't meet the standard regarding being part of a development and that this be added to the Findings, Conclusions and Order. Council meeting 9-03-96 6 Discussion by council regarding sending mixed messages to the Planning Commission on definition of open space. That if this is going to interpreted in a more restricted way, the Planning Commission should know this. Councilor Reid felt that this may need to be revisited and make sure it is moving in the direction that was intended. Reid stated that you need to continue to revisit those planning goals ideas that are put out on paper that are then transmitted onto the ground. Councilor Hauck was supportive of changing the language so it reflected more of what was trying to be done. Councilor Thompson noted that when you look at the literal you forget the vision. Council agreed to have a study session to discuss and go over the language and definition of open space. Mayor Golden requested that the photos used in the Planning Action be available for another view. Findings, Conclusions and Order will be amended with the additional request by Councilor Hauck and returned for Council approval at next meeting. 2. Findings, Conclusion and Order for P.A. 96-080 (Daryl Bonin). Councilors Hagen/Laws m/s to approve Findings, Conclusion and Order for P.A. 96- 080. Roll call vote: Reid, Hagen, Laws, YES; Thompson, NO; Hauck and Wheeldon abstained as they were not in attendance at the meeting the Planning Action was heard. Motion passed: 3-1. NEW & MISCELLANEOUS BUSINESS 1. Request of Councilor Reid to discuss the opening and improvement of a pedestrian way between Clay Street and Glendale Avenue as proposed by Cad Oates. Mayor Golden noted that it was a misunderstanding in the preparation of the agenda that identified Mr. Oates as the proposer of this request. Carl Oates/776 Glendale/Read letter into record regarding his denial of making any statement regarding the need for a pedestrian path from Clay St. to Glendale Ave. Councilor Reid suggested that the council acknowledge that the easement is there for a possible pathway. Feels that the property owners should be made aware of the future need of the city for the easement. Would like staff direction and have easements identified so council could be made aware. 2. Adoption of Herbicide Use Policy. Administrator Brian Almquist read resolution in its entirety. Council meeting 9-03-96 7 Brook Bittner/315 Luna Vista/Feels policy is a good first draft but there are areas that need to be improved. Recommends that under section 2 the word "minimize" should be "eliminated". Does agree with the word "practicable" but should be whenever "possible", would create be better sense of responsibility. Would like better definition as to what "posted" means. Feels there should be a ban on the use of mixtures in pesticides. Feels that the authority to use pesticides should be at a higher level rather than the Certified Applicator. Karen Carpenter/447 Walnut/Feels there should be more specific definition in the terms. Concerned with the language in proposed resolution that it doesn't address the safety. Public Works Director Susan Wilson-Broadus explained for council that the resolution was worded somewhat generically because the Street Division and the Public Works Department is not the only entity that has utilized herbicides in the past. The language was drafted at the department head level so that it would work for all the effected departments. Councilor Reid questioned the similarity of the proposed resolution to the Parks Department policy. Wilson-Broadus explained that the Parks Department policy was used as a model in drafting the proposed resolution. Councilor Wheeldon questioned if there was any environmental training for employees. Wilson-Broadus stated that there is no current policy but it has been discussed and progress is being made. Wilson-Broadus felt there was no need for the Street Division to do any mixing of pesticides, but could not answer for other departments. Mayor questioned whether it would be possible to amend the resolution to add a limit as to how close pesticides could be spray within a certain amount of feet to existing homes. Wilson-Broadus will draft proposed language as suggested. Mayor also requested that there be notification to property owners and that Department Heads initial any approval prior to the spraying of any pesticide. Wilson- Broadus will get definitions from Park Departments policy on the words that were identified as concern and include in the proposed amendments. Paul Matthew/381 Maple/Suggested that weather conditions should also be addressed as well as other concerns. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Second reading by title only of "An Ordinance amending the Ashland Land Use Ordinance to permit signing of plats by staff advisor rather than the Planning Commission Chair." Councilor Hagen/Hauck m/s to approve second reading of Ordinance # 2787. Roll call vote: Laws, Reid, Hauck, Hagen, Wheeldon and Thompson, YES. Motion passed. Council meeting 9-03-96 8 Second reading by title only of "An Ordinance amending Sec. 4.27,020 (0) of the Ashland Municipal Code to delete the exclusion of Roca Canyon Drainageway from the definition of storm drainage facilities." Councilors Hauck/Laws m/s to approve second reading of Ordinance # 2788. RoB eaH vote: Reid, Hauck, Hagen, Wheeldon, Thompson and Laws, YES. Motion passed. Reading by title only of "A resolution dedicating property for park purposes pursuant to Article XIX, Section 3, of the City Charter (Winburn Way Parking Lot/Ice Rink) ." Placed on agenda in error, property had already been dedicated in the past. OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Reid questioned the proposed accessway for the new ice rink. that the poles were being removed, which will improve the accessway. It was explained Councilor Wheeldon made Council aware of the upcoming planned council forums with department heads which will be broadcast over public television in the council chambers. Requested that Council members try to attend these forums. She explained that there would be three open forums, which would be topic specific. The public was encouraged to attend, along with the members of the Communication Committee. Councilor Thompson shared photos with Council from Wellington, New Zealand showing small lots with small houses and examples of townhouses with common walls. Councilor Hauck commented that he would be providing the council in their next meeting packet a report on the local impacts of the new Telecommunications Act. ADJOURNMENT Meeting was adjoumed at 9:45 p.m. Barbara Christensen, Recorder Catherine M. Golden, Mayor Council meeting 9-03-96 9