HomeMy WebLinkAbout1996-1203 REG MIN MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
December 3, 1996
PLEDGE OF ALLEGIANCE
Mayor Golden called the meeting to order at 7:00 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 November 19, 1996 were approved with the
following amendments; page 2, 1st paragraph, 2nd line should read "whether that would in
effect change..."; page 2, 9th paragraph, 4th line should read "containing undevelopable
areas, i.e. wetlands, floodplains, etc., the developer will exclude .... "; page 5, 1st paragraph,
1st line should read Councilor Reid stressed there is a responsibility to serve neighbors as
well as city residents with city services ....; same paragraph last line should include "even if
not in city limits."
SPECIAL PRESENTATIONS & AWARDS
1. Presentation of plaque to Marty Burns by Mayor Golden in recognition of 25
years' service.
Mayor Golden recognized Marty Burns for 25 years of service.
Mayor
Day in
Mayor's Proclamation of "10th Annual Christmas Tree Recycle Day".
Golden read proclamation proclaiming January 4, 1997 as "Christmas Tree Recycle
Ashland ".
CONSENT AGENDA
1. Minutes of boards, commissions, and committees.
2. Monthly Departmental Reports - November, 1996.
3. Appointment of Paul Nolte as Judge Pro-tem for December 28, 1996.
4. Memo from Assistant City Engineer regarding extension of notice period of water
well at Oak Knoll Meadows to January 3, 1997.
Councilors Hauck/Hagen m/s to approve consent agenda. Voice vote: all AYES. Motion
passed.
PUBLIC HEARINGS
1. Citizen/Board and Commission members input on 96-97 council goals not
previously submitted in writing.
City Administrator Brian Almquist noted that Council goal setting session will take place in
late January. Summary of individual citizen responses were previously submitted to council.
City Council Meeting 12-03-96 1
Recommended changes to LID policies and establishment of Arterial Street
Assistance Account.
City Administrator Brian Almquist read report submitted by the committee members
Councilor Laws, Wheeldon and Hagen. It was recommended that a public hearing be held to
consider the adoption of proposed changes.
Proposed recommendations included: 1) Modify our current policy on land use approvals to
require that instead of requiring an agreement for future improvements, that the developer:
(a) prepay the estimated amount of the required improvements, and pre-sign in favor of the
formation of an LID; or (b) at the option of the city, require the developer to install a full
half-street abutting the property; (c) establish the average cost of a residential street at
$135.00 per lineal foot, to be adjusted annually by the Engineering News Records (ENR)
index of construction costs; (d) adopt a policy for unusual street conditions that allow a
supplemental assessment in an LID whenever the actual cost exceeds 10% of the average cost
in (c) above; 2) Direct the City Recorder to prominently include the total estimated cost of
t'uture street improvements on any lien search for a property on which a pre-paving
agreement was previously required; 3) Establish an "Arterial Street Assistance Account" to
cover the extraordinary costs on arterial and collector streets, as follows: (a) commit to city
participation of costs in excess of the average cost of a residential street, independent of any
other County, State of Federal assistance; (b) pay for the following excess costs on arterial
or collector streets: (1) extra pavement width or depth; (2) extra sidewalk width; (3) oversize
storm drains serving more than the project area; (4) up to 50% of the cost of traffic calming
measures; (5) additional street lighting or signage; (c) increase the Transportation Utility fee
by $50,000 and earmark these funds for a new "Arterial Street Assistance Account." This
would add 37 cents monthly to a single family residential account; (d) establish a policy that
senior citizens over 65 and disabled persons, with a household income of less than $30,000
may defer assessment payments of up to $25,000 until the property is sold or transferred. A
lien would be recorded against the property.
Councilor Wheeldon commented on the $30,000 sidewalk fund that is available to residential
neighborhoods to use toward building sidewalks. Wheeldon suggested doing away with
current policy, which is 25 % of the cost up to $30,000 both in normal circumstance and
arterial circumstance and letting the $30,000 be spent regardless of the percentage, or apply
it to the arterial with open parameters. Feels this would further encourage and help this
activity.
Council general discussion regarding the pros and cons of pre-payment requirement.
Concerns were raised regarding how this would effect property owners. Council discussion
of the benefit by having pre-payment, which may encourage improvement.
PUBLIC HEARING OPEN: 7:40 p.m.
Zach Brombacher/1370 Tolman Crk Rd/Spoke regarding how there does not seem to be a
method that allows the property owner to have a say in how the LID is formed. Read
t'ily Council Meeting 12-03-96 2
statement on his opinion. Feels there needs to be a fairer way in dealing with Local
Improvement Districts between residents and business owners. Does not feel property
owners should be forced to be a part of an LID.
Ron Thurner/ll70 Bellview/Read statement on his opinion of the proposed LID policy.
Made suggestions of changes and additions to proposed LID policy. Commented that
proposed policy does not include properties that do not benefit by improvement but are
included in the LID. Felt there needs to be a legitimate formula in establishing an LID.
Gave example of how subdivisions are not approved until after an LID is formed to meet
improvement requirements and then how property owners outside the subdivision are
effected.
Kindler Stout/130 Orange St/Submitted letter which was read into the record by Mayor
Golden. Commented on LID formed on Orange Avenue. Does not feel proposed policy
deals with problems that surfaced with the Orange Avenue LID.
Meg Brown/385 Strawberry Lane/In favor of pre-paving and pre-payment with a time limit
attached. Felt that pre-signing is like getting your cake first. Those property owners that
did sign in favor have an obligation to pay when the LID is formed.
Marie Ireland/PO Box 652/Questioned how other cities handled Local Improvement
Districts. Mayor Golden gave examples of other formulas used by other cities. Commented
on frustration of selling property and if an LID is formed, how it would make it very
difficult for them.
Jim Dietz/818 Tolman Crk Rd/Feels the proposed policy did not address the concerns that
residents had with the past proposed Tolman Creek LID. Felt the policy should address
safety issues and include citizen input of why LID is being formed. Stated that just because
State law allows you do to something, doesn't mean it needs to be done.
Frank d'Entremont/975 Tolman Crk Rd/Not in favor of LID's and has been forced in the
past to be part of an LID. Commented on conflict of information with the Engineering
Department.
Cynthia Martin/1355 E. Main/Questioned where road tax dollars is spent. Commented on
how her property is landlocked by city property. Stated that forming an LID would be an
extreme hardship on her family.
Bob Taber/233 Fourth/Questions who pays for what in our city in regards to road
maintenance, etc. Commented on growth and how it effects the citizens of Ashland. Feels
that the city should be responsible for the additional cost associated with growth. Not in
favor of LID.
PUBLIC HEARING CLOSED: 8:35 p.m.
City Council Meeting 12-03-96 3
Finance Director, Jill Turner explained to council that it would require specific software to
establish a system that could be used when pre-payment service is offered. Turner felt there
would be difficulties surrounding pre-payment accounts.
Councilor Laws explained that the intent of the proposal by the committee would be that pre-
payment would be an option that could be used by those that felt it would work best for
them. These pre-payments could be accounted for with monies put into the general
investment pool and interest applied accordingly.
It was suggested that concerns and ideas presented at the public hearing and by council be
brought back to the committee for further study.
Council discussed moving forward on portions of the proposed policy that there was
agreement. There was agreement that the policy be dealt with has a whole rather than in
pieces. Committee will meet again to discuss and deal with all that was brought forward and
bring back to council for further public hearing and discussion.
Councilors Laws/Reid m/s to refer issue back to committee. Voice vote: all AYES.
Motion passed.
Adoption of the N. Mountain Neighborhood Plan, including comprehensive plan
map and zone changes, Physical and Environmental Ordinance amendment,
adoption of specific development standards and guidelines, NM zoning ordinance,
and adoption of local street plan.
Planning Director John McLaughlin presented the North Mountain Neighborhood Plan and
commented on the history and progress made by plan through this process. The
neighborhood plan is a multi-faceted process, incorporating many different issues into one
process. Primary features would include unified neighborhood design, floodplain/greenway
preservation, mixed-use housing types and hierarchical street pattern and design.
Property owners benefit with increased development opportunities, predictable development
patterns and "easier" land use process. Community benefits from predictable development
patterns, greenway/floodplain preservations, improved street net-work/neighborhood
connections, "quality" neighborhood amenities and efficient use of serviced land within the
city limits - no annexations.
Staff recommends approval of the neighborhood plan in its entirety.
Councilor Thompson questioned how this plan would provide additional pedestrian/bikeway
paths into town. McLaughlin explained that this was addressed in the plan.
City Council Meethn~ 12-03-96 4
PUBLIC HEARING OPEN: 9:02 p.m.
Bob Taber/108 Fifth/Voiced concern with additional car trips which would be a tremendous
burden on the city. Does not feel plan should be approved without a committed bus service
to and from the project. Feels now is the time to question the costs involved with the
proposed growth which would be experienced with this plan.
Kelly Quinn/905 N. Mountain/Concerned that property owners were not given the specifics
so that questions could be answered or explained. Concerns raised regarding the amount of
density and how this plan would personally effect property owners in what they could or
could not do. Made suggestions on changes to the plan.
Ron Roth/6950 Old Hwy 99S/Felt this was an unique opportunity for a neighborhood to
plan. Suggested that water from Talent Irrigation be made available to this neighborhood.
Questioned if city treated water should be used for irrigation purposes.
Offered his services in facilitating.
Evan Archerd/120 N. Second/Commented on his experience with a process that worked.
Felt that out of this process, came greater benefits, that was enjoyed by all. Commented that
the intent of the plan is to make a wonderful area.
Larry Medinger/ll60 Oak Street/Commented on state law which requires subdividers to
sell water rights for developments with less than 5 acres. Shared his experience with TID
and how they were willing to work with property owners and dealing with the state law.
PUBLIC HEARING CLOSED: 9:25 p.m.
Planning Director McLaughlin explained that there is flexibility in density through the
proposed ordinance. McLaughlin stated he would be glad to have further discussion with the
neighborhood to address concerns and answer questions. It was suggested that there be
another neighborhood meeting before the ordinance comes before the council for first
reading. McLaughlin commented on future connections in the design of the plan which deals
with transportation issues.
Councilors Reid/Hauck m/s to approve plan and place on agenda for first reading of
ordinance. Discussion: Discussion by council regarding size of lots and how it would be
addressed. Comment by council regarding concerns raised about growth and the cost
associated with growth. It was clarified that this is a concern that the city is aware of and is
currently trying to deal with this through the System Development Charges. Councilor
Thompson did not approve of plan because he felt it did not address adequate transportation
issues. Council commented that future bus services is likely. Comments that the alternative
to the plan would be to have the area developed piece meal. Roll Call Vote: Laws, Hauck,
Wheeldon, Reid, Hagen, YES; Thompson, NO. Motion passed: 5-1.
City Council Meeting 12-03-96 5
PUBLIC FORUM
Heide Brown/385 Strawberry Lane; Nick Hershman/575 Nyla Lane; Nathan Majeski/667
Normal Avenue/Presented proposed bike plan where bikes could be placed in areas around
the city and could be used by all. Commented on alternative methods of transportation and
how this would be a community building program. Would provide additional bike racks,
encourage bike safety. The needs associated with the program is storage and maintenance.
Students were invited to attend the TPAC meeting which is focusing on alternative methods
of transportation and bicycle parking.
Chris Skrepetos/4424 Hwy 66/Submitted letter to council and asked direction on status of
Oak Knoll well issue. Requests that the city reconsider and withdraw its request for the
proposed well. Suggests a possible public hearing on December 17th if council does not
wish to withdraw the request.
Council decision to put this item on the agenda for the December 17th meeting.
Councilors Hagen/Reid m/s to continue past 10 p.m. Voice vote: all AYES. Motion
passed.
Zach Brombacker/1370 Tolman Creek Rd/Made comments regarding improvement on
Tolman Creek Road and who owns or maintains Tolman Creek Road. Questioned who is
responsible for the improvement or plan for Ashland Street and who takes over the
maintenance of Ashland Street once the improvement is done. Councilor Laws explained the
process involved to this date for the improvement of Ashland Street. It was explained that
the county and the state has approached the city in taking over roads for maintenance.
Pete Seda/1257 Siskiyou #224/Representing North Urban Forestry and is requesting funds
for their budget. Is need of dedicated funding for surrounding northern urban forestry. It
was suggested and agreed that this could he added to the list of council goals for discussion
and addressed under council goals.
JoAnne Eggers/221 Granite/Spoke regarding the North Mountain Neighborhood and water.
Felt that creek water be incorporated into the North Mountain Neighborhood plan, felt
strongly about keeping ashland water in ashland creek.
Councilors Laws/Hauck m/s to suspend the rules and take up item//5 under
Ordinances, Resolutions and Contracts, item #5. Voice vote: all AYES. Motion passed.
ORDINANCES, RESOLUTIONS AND CONTRACTS
5. Reading by title only of "a Resolution Declaring the Canvass of the Vote" and the
Mayor's Proclamation for Election of November 5, 1996.
Councilors Hauck/Hagen m/s to approve Resolution # 96-48. Roll Call Vote:
Wheeldon, Thompson, Laws, Reid, Hauck and Hagen, YES. Motion passed.
City Council Meeting 12-03-96 6
UNFINISHED BUSINESS
1. Report from Council Committee regarding sidewalk repair/tree replacement
(Councilor Laws, Mayor Golden, Rick Landt).
Presentation by Rick Landt on solutions and recommendations for Ashland Street trees and
sidewalks included the following; 1) Council initiate a public process to implement Ashland
Street plan within three years; 2) Plant stockpiled trees of diverse species behind existing
sidewalks where tree easements have been obtained; 3) Continue pursuit of sidewalk
easements in lieu of tree easements; 4) Publicly acknowledge property owners who have
granted easements; 5) Periodically prune back tree at intersection of Ashland Street and
Siskiyou Blvd.; 6) Remove recommended trees at various placed after they have gone
dormant; and 8) Remove heaved sidewalk panels and brick around all other Phase I trees.
The presentation was summarized that this interim solution will not bring all the facilities
into conformance with ADA standards, it will provide a safer pedestrian passageway while
the ultimate Ashland Street plan is being deliberated. The proposal is more labor intensive
and costly than the previously approved concept, but would result in the removal of only 19
trees versus 57 earmarked for Phase I.
City Attorney Paul Nolte stated that the city is obligated to bring all facilities including
walkways within a reasonable amount of time to ADA requirements. Cannot spend money to
alter sidewalks that will not comply with ADA requirements. If sidewalks are touched, at a
minimum, it is required that the sidewalks meet ADA requirements.
Landt stated that he felt there was ways to work with ADA and conclude this in a way that
provides for an interim safe passage for pedestrians and meet ADA along with protecting the
trees. Council agreed that further checking should be done and the project could begin with
the removal of the trees identified in the presentation.
Robert Tolman representing Oregon Department of Transportation spoke regarding ADA
requirements and the issue of liability. Commented that both the city and ODOT are liable
in this situation, feels that the ADA is a secondary compliance in relation to the liability
issue surrounding the pedestrian access. Tolman is the person responsible for initiating the
Ashland Street process and has questions regarding the proposed plan. Tolman was invited
back to another council meeting where time would be available for further discussion.
NEW & MISCELLANEOUS BUSINESS
1. Request from Lester Zimmerlee, 250 Clay Street, for water connection outside of
the city limits.
No time allowed, to be placed on future agenda.
2. Receipt of recommendation for Sluicing Alternatives Committee with comments
by Montgomery-Watson Engineers.
No time allowed, to be placed on future agenda.
City Council M~ting 12-03-96 7
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. First reading by title only of "an Ordinance Replacing Chapter 18,106 of the
Ashland Municipal Code in Order to Modify Approval Standards for
Annexations."
No time allowed, to be placed on future agenda.
2. First reading by title only of "an Ordinance Granting to AT&T, its successors,
assigns, lessees and agents, the right, privilege, authority and franchise to
construct, operate, maintain, replace and remove such communications
equipment as may, from time to time, be required, consisting of underground
cables, wires, conduits, manholes, drains, spiking boxes, surface location
markers and other facilities for similar uses, in, upon, over, under, along, across
and through the franchise area for the purpose of operating as a carrier of long
distance teleeommunieations traffic."
No time allowed, to be placed on future agenda.
3. Second reading by title only of "an Ordinance Amending Chapter 4.20 of the
AMC relating to Systems Development Charges."
No time allowed, to be placed on future agenda.
4. Reading by title only of "a Resolution directing the City Administration to give
Notice to Owners to Repair Sidewalks on Siskiyou Boulevard, Oak Street (Old
Armory), Lincoln School, and Triangle Park or Charge Such Owners if City
Makes Repairs."
No time allowed, to be placed on future agenda.
OTHER BUSINESS FROM COUNCIL MEMBERS
None
ADJOURNMENT
Meeting was adjourned at 10:30 p.m.
Barbara Christensen, City Recorder
Catherine M. Golden, Mayor
Ci~' Council Meeting 12-03-96 8