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HomeMy WebLinkAbout1996-1119 REG MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 19, 1996 PLEDGE OF ALLEGIANCE Mayor Golden called the meeting to order at 7:03 p.m. at Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hauck, Hagen, and Thompson were present. Councilor Wheeldon was absent. APPROVAL OF MINUTES The minutes of the Regular meeting of November 5, 1996 and Executive Session of November 12, 1996 were approved as presented. SPECIAL PRESENTATIONS & AWARDS CONSENT AGENDA 1. Minutes of boards, commissions, and committees. 2. Monthly Departmental Reports - October, 1996. 3. City Administrator's Monthly Report - October, 1996. 4. Authorization for Mayor and Recorder to sign Quitclaim Deed for property in Ashland Creek floodway to Jeff Golden for $200.00. 5. Confirmation of Mayor's appointment of Richard Brock to Forest Lands Commission. Councilors Hagen/Reid m/s to approve consent agenda items 1, 2, 3 and 5. Voice vote: all AYES. Motion passed. Councilor Thompson requested that Item No. 4 be pulled off consent agenda and placed under New and Miscellaneous Business. PUBLIC HEARINGS 1. Request for modification of Chapter 18.106 of the Ashland Municipal Code pertaining to annexation criteria. Specific modifications involve clarification for determining "adequate transportation" and "affordable housing" requirements. Planning Director John McLaughlin addressed issues regarding the annexation criteria and spoke of modifications. His suggested changes included clarification of standards to be met for an annexation. He stated city facilities would include adequate provision of water to a site, raising questions as to whether there is enough water to grow, for example, sewers, transportation (vehicular, bicycle, pedestrian and transit), and stated this would allow discretion as to what is adequate transportation. A new requirement involving residential annexations is a minimum density requirement for land to be used as efficiently as possible. He said that 25% of the units must be affordable and available to qualifying buyers. Council Meeting Minutes 11-19-96 1 Mayor Golden questioned the idea of natural features to transfer density out and whether that would in effect change the zoning for the parcel to be developed. Her feeling is that the city has clear regulations on where development can occur in terms of hillsides and wetlands. Her feeling is a criteria is needed in annexation that disallows density increase on remaining land because of environmental constraints. Planning Director John McLaughlin replied that they are trying to meet minimum density requirement and allowing reductions in the totals to accommodate natural features. Councilor Thompson inquired as to the planned unit development concept. Councilor Reid inquired of City Attorney Paul Nolte as to whether there should be two sets of rules, one for citizens within the city limits, and one for citizens in the urban growth boundary. City Attorney Paul Nolte replied that it would be more appropriate to implement that type of policy legally and also look at what is inside the city. He stated that as long as an owner is not deprived of all economic and viable use of the property the same rules could be imposed. Councilor Laws stated he would prefer it was left to the discretion of the planning commission and council. Mayor Golden stated she felt the city has that discretion, and that density can be increased according to weatherization, affordable housing and open space. She said she would want to prohibit confusing rules to developers and the city that might lead to problems at a later date, and would like to clarify language. Councilor Thompson stated he would like to see an addition as: (Page 4, F .... in the total number of units is deemed necessary to accommodate ...... topography, access limitations, unbuildable portions, or similar physical constraints. Planning Director John McLaughlin did not feel that additional language would eliminate discretion and suggested other language be prepared for a new section between F and G called "Undevelopable Lands"- For residentially annexed lands containing undevelopable areas, i.e. wetlands, floodplains, etc., the developer will exclude acreage for the purpose of density calculations shall not include the undevelopable area." G would become H. City Attorney Paul Nolte suggested that provision be fine-tuned with the deletion of the word "etc." Councilor Hauck noted that under the language of Measure 47 if a piece of property is annexed to only one voter that resides on the property there has to be an election and they have to agree to raise their taxes from the county level to the new city level, or taxes may not be raised. He suggested adding language that unless a successful election is achieved an annexation will not take effect. Council Meeting Minutes 11-19-96 2 Mayor Golden suggested that on page 2, under D, "sewage treatment plant" should be changed to "wastewater treatment plant." Also on page 3, No. 4, "Rogue Valley Transportation District" should be changed to "local transportation provider." Councilor Laws stated that on page 4, under F, there is a question as to how evidence could be provided that the development of the entire property will ultimately occur at a minimum density of 90% of the base density of the zone. Planning Director John McLaughlin concurred there was no formal agreement, but there would be a plan for developers as to how density could be achieved and that would be followed over the years. Councilor Hagen requested clarification of language on Page 3, items 2 and 3, ...bicycle facilities serving those destinations shall be indicated." Planning Director John McLaughlin replied that as part of applications materials the applicant would provide likely bike routes from project site and that would indicate how safe and accessible routes are in existence serving those destinations. Mayor Golden questioned language on page 6, ...Therefore, for the city the accurately access the request. Planning Director John McLaughlin replied it should read ...for the city to accurately access the request. Mayor Golden questioned the wording under No. 4 as to whether that was the way it had always been written. Planning Director John McLaughlin replied that the word "County" has been eliminated. Councilor Reid questioned the use of common wall units within residential zones and whether that had been discussed as a way to provide perpetual affordable housing. Planning Director John McLaughlin replied the ordinance allows for the developer to choose that option in providing that housing type, and if the developer wanted to meet the 25% requirement through smaller attached units or rental units that could be accomplished. Councilor Thompson questioned the language on page 5, No. 1, as to the "five-year" determination and wondered if that was in fact unique to the city or a statewide number. Planning Director John McLaughlin replied it was originally a recommendation of the city while regulating growth rates. PUBLIC HEARING OPEN 7:47pm Bob Taber, 233 4th Street/He stated it is important to consider annexation but feels taxpayers subsidize growth and it doesn't do any good. He feels the city should add realistic costs to development. He thought it was naive to consider promoting growth unless there is a benefit to the city as a whole. Council Meeting Minutes 11-19-96 3 Don Greene, 375 Ashland/He feels city is putting a large burden on a small segment of the community to provide low income housing. He is in favor of affordable housing but all developments should have low income housing. In his opinion the policy will defeat the good the city has had to have a compact city. He feels the policy is too restrictive. Larry Medinger, 1160 Oak Street/He was speaking on behalf of the housing commission. He feels the idea of percentage of median came from 1989 Affordable Housing Committee and is not sure this is appropriate today. His view is the city should look 50-100 years into the future. Marilyn Briggs, 590 Glenview Drive/She wanted clarification as to whether every development has to have 25% of affordable housing and questioned if one had a large lot if you would be forced to develop it. Debbie Miller, 160 Normal Street/She feels requirements such as those in the annexation's revisions make Ashland so livable, and was pleased to see annexation may be approved. She feels it is important to maintain a place that is very livable, wants to determine what uses are consistent with open space values, manage land conservation and develop in a manner that reflects the community's desire for a quality environment and a healthy economy. She urged a plan for an ideal size of the community and what kind of residences can accomplish that to retain the small town character. She asked whether SDC's would be waived for 25% of affordable units. PUBLIC HEARING CLOSED AT 8:12pm Mayor Golden suggested council return with a first reading. Councilor Laws expressed his concern over the requirement for 25% of the affordable housing and whether that would accomplish the city's goal. Mayor Golden expressed her concerns over the recent annexations of Diamond D, Fordyce and Tolman, which all included 25% affordable housing and that possibly may pit existing residents who would normally be in favor of affordable housing against it. Councilors Laws said that when those particular annexations came in the criteria was 125% of the median and now it has been lowered to 100%. Mayor Golden said that issue should be discussed and asked whether council would consider changing the criteria to 25% at 125% and 15% at 100%. Councilor Thompson feels the ordinance change is headed in the right direction and by adjusting the criteria. He said he is convinced affordable housing can be provided by doing it on a smaller scale. Councilor Hauck indicated he was not yet ready to go over all the reasons and would like to gather facts for a later date. Councilor Hagen reiterated that annexation is not to be taken lightly and when land is brought in it also means a huge responsibility. Council Meeting Minutes 11-19-96 4 Councilor Reid stressed there is a responsibility to serve the neighbors as well as city residents with city services, but they would still receive city services (police, fire, schools, etc.). She stated city obligations would spread to outside the city and adjacent properties as they developed even if not in city limits. Mayor Golden suggested this item be brought back for first reading with corrections outlined. Proposed restoration of 15-30 minute bus service and increase in Transportation User Fee (canceled at request of RVTD) Mayor Golden felt this item should not have been canceled. Councilor Reid stressed it was canceled because of the recent passing of Measure 47. Councilor Laws clarified the situation with RVTD. His recommendation is that we honor that to give them reasonable amount of time as to monetary problems with RVTD. Councilor Hauck said they would be discussing that issue at the upcoming Board Meeting. Mayor Golden stressed the need for restoration of a 15-30 minute bus service to address needs of the community. PUBLIC FORUM No speakers. UNFINISHED BUSINESS 1. Committee report on removal and replacement of sidewalk and street trees on Highway 66. (Mayor Golden and Councilor Laws) Councilor Laws said his committee had met on site and had made the following recommendations. He said he wanted to assert their goals that the trees be saved on Ashland Street where possible, and correct problems with safety, accessibility and property damage to the sidewalks and street in a timely fashion, and transition out as slowly as possible existing trees and transition in new trees where necessary. They plan to identify specific trees which are causing damage right now, set a goal of three years to come up with a permanent plan for Ashland Street and deal with problems of accessibility, safety, and property damage, and look for alternative methods like perhaps rerouting the sidewalk around the trees. He noted that possible easements may be obtained from adjoining property owners. He stated the committee would ask council if this approach could be approved. Councilor Reid spoke of ADA requirements, which is our legal requirement to meet ADA standards, elderly citizens and children, and the goal the committee is intending to meet. She said she has received numerous phone calls over the past three years from people tripping on the faulty sidewalks. Her feeling is she would like to save as many trees as possible, and suggested that some of the smaller trees could be transplanted. Council Meeting Minutes 11-19-96 5 Public Hearing Open: 8:39 pm. Margaret Gelatt/444 Courtney St/Read aloud her letter stressing the need to save and nurture the liquid amber trees on Ashland Street. Public Hearing Closed: 8:41 pm. Mayor Golden stated an additional report regarding the trees would be presented to council at the next council meeting on December 3. NEW & MISCELLANEOUS BUSINESS 1. Consideration of Intergovernmental Agreement for Particulate Matter Impacts Relating to Transportation Air Quality. RVCOG Associate Executive Director Paula Brown discussed the Memo addressed to Mayor and Members of the City Council regarding Intergovernmental Agreement for Particulate Matter Impacts Relating to Transportation Air Quality. She indicated that all of the agencies involved within the entire air quality maintenance area establishes a coordinated approach to transportation solutions regarding air quality. She feels that the Intergovernmental Issue ties in an environmental issue of air quality and regional transportation issues, and asked the council to approve and endorse the agreement. Councilor Laws inquired whether there were disadvantages to the City of Ashland he was not aware of given the fact that Ashland had always been in the forefront of air quality. Councilors Reid/Laws m/s to sign agreement. DISCUSSION AMONG COUNCIL: Councilor Hagen expressed concern and he felt that the easier the City made it for traffic to flow the more people would drive. He was not sure if the solution to Rogue Valley air quality problems is to make it easier to drive. Councilor Hauck felt that this set up a procedure for analyzing regional impact of transportation issues and that federal standards had to be met. Councilor Thompson said he felt skeptical and wondered what link other communities and TRADCO are making between liberal annexation policies, sprawl, and air quality. RVCOG Associate Executive Director Paula Brown replied that issue had been addressed and when there is mixed land use within cities it shows a significant decrease in amount of vehicle miles traveled. She indicated she will provide a policy showing issues. Councilor Laws said he had studied this issue some years ago and felt that the faster cars were the ones grinding up the particulate matter and it was in fact better to slow down the traffic. Councilor Hagen inquired as to what the outcome would be if one of the communities did not sign onto the policy. He felt that getting Federal dollars might be the worst thing that could happen to the Rogue Valley, as unlimited dollars could result in unlimited paving, meaning improved facilities resulting in even more traffic. He feels it would make it easier to drive and therefore people will do so. Council Meeting Minutes 11-19-96 6 RVCOG Associate Executive Director Paula Brown replied that the downside to one community not signing would be Federal dollars that come into implement the regional transportation plan. Transit operations would be excepted, as are bicycle and pedestrian paths. Planning Director John McLaughlin addressed the fact that the agreement basically stated that as a project list is developed it would agree that projects will be reviewed for impacts on air quality. Exempt projects from that review are bicycle routes, etc. although not exempt from implementation. Roll Call vote: Councilors Laws, Reid, Hauck, YES; Councilors Hagen, Thompson, NO. Motion passed 3-2. Authorization for Mayor and Recorder to sign Quitclaim Deed for property in Ashland Creek floodway to Jeff Golden for $200. Councilors Thompson/Hauck m/s to approve Mayor and Recorder to sign Quitclaim Deed. Voice Vote: all AYES. Motion passed. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. First reading of an Ordinance Amending Chapter 4.20 of the Ashland Municipal Code Relating to System Development Charges. Finance Director Jill Turner described the recommendations proposed to the ordinance and resolution. She suggested that water would use the capacity and increase 50% in January and 50% next July. With regard to transportation she said the original committee recommendations would be utilized and increased 50% in January and 50% in July. She noted the committee had met and agreed that some of the issues need to be looked at again regarding water prior to the second increase taking place on July 1 st. Darrell Boldt, 1950 Tamarack Road/Said he is a member of the SDC committee and reiterated what Jill Turner had to say, and felt that an acceptable agreement had been reached and a compromise with intent to moving forward. He feels this is something that can be worked with. Cate Hartzell, 881 E. Main Street/She stated she felt that the notes from minutes of meetings of committee were not balanced. She urged council to look seriously at maximizing transportation assessment. Gerald Cavanaugh, 560 Oak Street/Urged the council to maintain the 9DC's including the transportation SDC's at the levels decided upon in September meeting. His opinion was that the SDC's were set too low and urged the City to maintain SDC's at the highest possible level. He felt that an SDC for a residential single family unit realistically should be in the $20,000 to $25,000 neighborhood as that is the cost of providing the necessary public infrastructure. He feels the impact of Measure 47 will negatively affect municipal finances and the City of Ashland should be realistic. Bill Tweedie, 1537 Lilac Circle/Concurred with Gerald Cavanaugh and that with the impact of Measure 47 the fees should come from SDC's. Council Meeting Minutes 11-19-96 7 Larry Medinger, 1160 Oak Street/Said he had a real proprietary interest in the City being treated right. He stated that bringing a community up to the level the city is now is expensive. In his opinion the SDC's are fair and he is looking forward to working on the water aspect. He sympathizes with the schools but until taxes are appropriate schools will be in trouble. City Administrator Brian Almquist read aloud in full the first reading of an Ordinance Amending Chapter 4.20 of the Ashland Municipal Code Relating to System Development Charges. Councilors Hagen/Reid m/s to approve first reading and place on agenda for second reading. DISCUSSION: Councilor Laws felt it was not totally clear that these costs would include all of the services that the city would provide for with improvements. He stated the city is limited by State law and state law only allows to charge for growth related capital improvements that have to do with water supply and distribution, transportation, parks, wastewater collection and treatment and storm sewers, but does not allow to pay for capital improvements related to police and fire protection, planning equipment or general city buildings. Roll Call vote: Councilors Laws, Reid, Hauck, Hagen, and Thompson, YES. Motion passed. Reading by title only of a Resolution Adopting a Methodology to Calculate Systems Development Charges and Adopting Systems Development Charges, Pursuant to Sections 4.20.050 and 4.20.040 of the Ashland Municipal Code, and Repealing Resolutions 92-12, 92-13 and 96-11. Councilors Hauck/Reid m/s to approve Resolution # 96-47. Roll Call vote: Councilors Laws, Reid, Hauck, Hagen and Thompson, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS ADJOURNMENT Meeting was adjourned at 9:30 p.m. , Barbara Christensen, City Recorder Catherine M. Golden, Mayor Council Meeting Minutes 11-19-96 8