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HomeMy WebLinkAbout1995-0321 REG MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL March 21, 1995 MEETING CALLED TO ORDER Meeting was called to order at 7:00 p.m., in the Civic Center Council Chambers by Councilor Laws in the absence of Mayor Catherine Golden. ROLL CALL Councilors Hagen, Hauck, Winthrop, Thompson, and Laws were present. Councilor Reid and Mayor Golden were absent. Councilor Hauck/Hagen m/s to approve Councilor Laws as temporary chairperson in the absence of Mayor Golden and council chair Councilor Reid. Voice vote all AYES. Motion passed. APPROVAL OF MINUTES The minutes of the Regular meeting of March 7, 1995 were accepted with the following corrections; page 5 under discussion regarding resolution adopting sewer rates for 1995-96 conunitment date to DEQ reported as April 1, should be August 1; page 9 under discussion regarding proposed street dedication for Fordyce Street, Councilor Thompson requested that it state "the Planning Commission is receptive to variations and that we do need the transportation plan so there is an understanding by the neighborhood of what is planned"; page 12 under second reading for ordinance expanding the season for outdoor burning, Councilor Hauck requested to include in the minutes the portion of discussion by council regarding consensus for an Ad Hoc Committee to form after the summer and leading up to the winter months to re- discuss this ordinance and work out the concerns regarding the open burning and what was being aimed for regarding fire depression and clean air status. SPECIAL PRESENTATIONS & AWARDS 1. Presentation of Governor's Occupational Safety Award to the City of Ashland. Risk Manager, Bob Nelson and City Administrator Brian Almquist received this award on behalf of the City of Ashland. It was noted that the City of Ashland was the only municipality to receive the Worker's Safety award. Special recognition was given to Risk Manager, Bob Nelson who created the safety program in 1975 and Purchasing Agent, Mike Biondi who also serves as the city wide safety coordinator. Mr. Biondi is responsible for putting the programs into action at the employee level and for work place safety. 2. Mayor's proclamation declaring the week of March 27-April 2 as "A Taste of Ashland Week." On behalf of the Mayor, Councilor Laws read the proclamation declaring "A Taste of Ashland". CONSENT AGENDA Minutes of Boards, Commissions and Committees. Departmental Reports for January and February, 1995. Proposed letter to State Legislature regarding SB588 requiring owner consent for designation of property within a historic preservation district. Councilors Hauck/Winthrop m/s to approve consent agenda. Voice vote all AYES. Motion passed. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker. Must conclude at 9:30 p.m.) Proposed amendment to the Sign Code Chapter 18.96 to require sign contractors to be liable for compliance with sign code requirements. Senior Planner, Bill Molnar reported that this amendment proposes language to the sign code making it clear to any person or persons involved in the installation of a sign, that to do so, they would need to be sure a sign permit had been obtained. This would put the responsibility back on the business owner. Councilor Winthrop questioned the two versions provided to the council regarding this ordinance. There is a difference in wording between the two versions. City Attorney, Paul Nolte explained that the original ordinance presented to the Planning Commission appeared to be too legalistic and was difficult to understand. It as recommended that this ordinance be adopted, but be written with better clarity. Comparison of revised version page 1, section 1 .D.3, to the original version was made and preference was made for the original version language "without first having obtained such permit or approval". Suggestion was made of this ordinance to read "without ensuring that a permit has been obtained for such sign". Public Hearing Open:7:20 Public Hearing Closed: 7:20 First reading of an Ordinance with change on page 1, section 1 .D.3 to read "without ensuring that a permit has been obtained for such sign" providing for signmaker liability for sign violations was read by Administrator Ahnquist. Councilors Winthrop/Thompson m/s approval of passage to second reading. Roll Call vote Laws YES, Winthrop YES, Thompson YES, Hagen YES, Hauck YES. Motion passed. o Proposed amendment to the Subdivision Code Sections 18.76,060, 18.76,070 and 18.08.390 relating to flag partitions. Senior Planner, Bill Molnar reported that this amendment deals mainly with the section pertaining to flag partitions. Primary part of amendment is to include language which would allow, when there is a creation of a flag lot that is adjacent or abuts an alley, that the Planning Commission may allow or require access to flag lot, come from the alley, rather than requiring the flag pole to be improved or driveway improvements and screening to be done. 2 The reason this was brought to the Planning Commission and Council is because these types of alleys and requests for partitions are in the older part of town. The way the flag drive partitions requests are done presently, disturbs the historic street scape and most of the access is from the rear. This amendment would provide an opportunity, that if the alley is appropriate to use, this access then could be allowed for the alley to serve as the primary access to the rear building. This would trigger certain improvements to be made to the flag pole section of the lot. If the rear alley is used for access to the flag lot then instead of paving and screening the flag drive, the property owner would be required to put a 4 foot improved walkway from the street that would go back to the flag lot instead of paving. There would also be a requirement that the address would need to posted outside on the street on a 4 x 4 post, 3 1/2 feet in height and clearly visible for emergency response. This amendment also would reduce the number of parking spaces required from 4 to 3. Considering the walkway and street frontage, some guest parking could be provided at curb side. Also there is a requirement that a usable yard area with a minimum dimension of 20x20 feet be provided. This is a way of ensuring that when development occurs on the rear part of the flag partition, that a minimum yard space is provided for. Included in the amendment is a suggested addition in language that "except that in no case shall flag lots have a lot area less than 6,000 square feet". Planning asked Council for discussion on raising this to 6,000 square feet. When ordinance was first drafted there had not been a provision of excluding or subtracting one of the four parking spaces and also requiring a 20x20 foot private yard area. Planning suggests that this not be included but left as it currently states, "must meet the minimum square footage requirement for the zoning district". Question of flag lots providing for walkway and requirement of 8 feet was made. Mr. Molnar confirmed that the flag pole width would be 8 feet and the walkway would be 4 feet. The 8 feet would provide a buffer to each side of the walkway if the property owner wanted to use plantings or low screening between walkway and adjacent buildings. Councilor Thompson questioned if there had been any wording in this amendment which would favor pedestrian access. Mr. Molnar stated that due to time constraints, planning would request additional time to provide specific language prior to the first reading of this ordinance which would address pedestrian access. Public Hearing Open: 7:35 Barbara Scarum; 478 Siskiyou Blvd; Questioned if the concern about the alley access is something that is decided now or is it optional. Can the property owner decide where the entrance would be? It was explained that this proposed amendment makes it optional for the Planning Commission when they approve the partitioning, to make the decision. Public Hearing Closed: 7:37 City Attorney, Paul Nolte clarified with Councilor Thompson regarding if what he was requesting was a public right-a-way usage rather than a walkway that would give access to homeowners of the various streets. Councilor Thompson clarified that it was both. It would be a threshold in a partition where it could be required that an alley go all the way from street to street. He felt there should be a transportation element considered in these partitions where there are very long blocks. Considering the homeowner in a small partition would not be public access, but would provide the homeowner with the option of going out to either street. Mr. Nolte stated that there is a big difference between the legal consideration of a private walkway and a public walkway. Question by council to Mr. Molnar and Mr. Nolte on if council wait on first reading and have Planning come back with the proposed additions, or go ahead with first reading and deal with new language before second reading. Mr. Nolte felt that because the amendment is lengthy and quite involved, council had not been given adequate time for reading and consideration. He recommended that first reading should wait and be proposed with additions at another council meeting. Council discussed the advantage of making an alley access to both streets. The idea in discussion by council was that because flag lots are boxed in, and to mitigate the closed in feeling, was to offer another pedestrian way out. This would give the Planning Commission the authority in requiring two pedestrian accesses to a flag lot. Mr. Molnar was questioned regarding the 6,000 square foot requirement. He stated that the Planning department recommends not including this requirement because of the reduction in the spaces, private yard requirement and a requirement that the property owner needs to place a building envelope on the flag partition which establishes the set-backs. Council recommended that this language be deleted. PUBLIC FORUM: Business from the audience not included on the agenda (limited to 5 minutes per speaker and 15 minutes total). None NEW AND MISCELLANEOUS BUSINESS: Request, by Councillor Thompson for Council support of letter to Vice President Gore regarding establishment of a National Optimum Population Commission. Councilor Thompson provided resolution for City Council to endorse a proposal to form a National Optimum Population Commission. Resolution read by Administrator Brian Almquist. Councilor Thompson/Hauck m/s to approve resolution to both Congress and to the Executive Branch of the Country, forming National Optimum Population Commission. Roll Call vote Laws YES, Winthrop YES, Thompson YES, Hagen YES, Hauck YES. Motion passed. 4 Report from Public Works Director regarding proposed policy for sidewalk local improvement districts. Public Works Director Steve Hall offered options regarding proposed policy for the sidewalk local improvement district. He stated that council laws indicate within the budget there is set aside $30,000 as a match for the local improvement districts to meet city council goal for sidewalks. He proposed the following suggestions; 1) Questions who should bear the cost for funding utility and mailbox relocations.; 2) Should the existing sidewalk plan from TPAC/TSC have a priority rating over "other" neighborhood sidewalk requests.; 3) What amount should the City provide as matching grants.; 4) Policy on "in favor" for Council consideration of LID's. ; 5) Does the proposal include only residential properties. Should school or businesses be included.; 6) How will the matching grants be publicized.; 7) Should matching grants be based on first come, first serve, if the criteria is met, for example, if more than 50% of the property LID sign in favor. Recommendation that council form a committee to work with Steve Hall for specific proposals was made. Councilors Hagen, Hauck and Mayor Golden were selected to participate in forming these proposals. Councilor Hagen requested an addition to the list of streets proposed for sidewalk LID. Requests from residences on Van Ness street from Oak street to Helman street, requested at least a sidewalk on one side. 3. Proposal from Brown and Caldwell for pilot soil testing program. Public Works Director Steve Hall reported on the proposal from our consultants on the facility plan of preliminary testing of the soil filtration system, based on the phosphorus standard set by the Department of Environmental Quality, as requested by Councilor Laws. Study was done by Woodward-Clyde consultants on the wetlands. A portion of the study was looking at soil filtration systems and a combination of wetlands as to how they could meet the instreams standards on a year round basis, particularly the critical phosphorus issue. Dr. Gearhart from Hydro Resources, Inc. was used as the subcontract. Bench testing of soils from the Hamby Springs site was used for the study. In the report there was difference of opinion between Woodward-Clyde and Hydro Resources Inc., particularly regarding the liability in the system and how long it could be run without having to be rebuilt and replaced. There were two versions, one favorable and one less favorable from the Gearhart and Davis versions. Woodward-Clyde proposal is to look at a 3 phase program for testing, cost estimate is $42,500. 1st phase would mean taking samples from different sites in the Ashland area and laboratory tests done on different types of clay soils, the prime ingredient that makes the soil filtration system work effectively. The tests would include; 1) Bench scale studies; if bench tests proved to be positive and looks as if it would work, then to continue into Phase 2, which is not included in this proposal because it is not known what phase 2 would entail. It is suggested that Phase 2 would be to build a small scale pilot unit, 5,000 gallon capacity, and use existing sludge drawing pit at the wastewater as a place to build a pilot study for Phase 2. If Phase 2 is successful, the final stage would be to take it to an acre test site, which would be a model prototype of 6 acres required under Dr. Gearhart's study. It is noted that Public Works staff has no recommendation on the proposal. Observation was made by council that we might not have a choice given the schedule and that we haven't acted on pilot testing in the past years. If contracting with Brown-Caldwell went ahead, it may give them a further "in" to do the ultimate engineering for whatever systems is developed. Council felt it should be kept in competitive bidding. Councilor Winthrop proposed at this point to scrap this approach. Request for further clarification from Director Hall as to why the bench test done by Hyro was not adequate or in what respect this would provide better information. Director Hall reported that within the report that Dr. Gearhart had provided he stated that this was for one site, and once that it was decided to continue, it should go into a more detailed study. Discussion by council questioned the benefit of spending $42,500, and whether this study would provide more than what had been done in the past. Director Hall stated that this proposal is to test more sites and see what soils are available. It is a look at a series of sites and provides testing of those soils. It was suggested by council that since an option had not been chosen, and if soil filtration is not considered, that $42,500 is a lot of money to spend. Director Hall was questioned as to whether council could wait until August 1st to make a decision. If this alternative is chosen, then step one would be to find out if this alternative will work and if this alternative does not work, have a back up alternative. This would be put into plan of October 1st which would be submitted to DEQ. Director Hall felt that this suggestion would work for DEQ, as they have indicated a willingness to work with Ashland if an experimental site or type of treatment of our wastewater was looked at. Councilor Laws is willing to withdraw his suggestion that this testing be done immediately. Instead the council decide on a possibility of what alternative will work and have a backup plan for whatever option is chosen. Councilor Hagen had concern with selection of land that is used for the study, ancillary benefits associated with wetlands, depending on the location, the benefits may not be fully realized. Also he voiced concern with the consultant use. He spoke to Dr. Gearhart regarding the proposed study and was assured that this would not work. He indicated that what had been missed was the length between wetlands and soil filtration. To run the effulant through soil basically clogs the system and doesn't pick up the phosphorus the way it should, the life of the soil system is shortened substantially. The idea of the wetlands is to settle out the solids as well as take out a Dr. Gearhart as a consultant. '--- 'Th,L, ~O4,c"zL>~ (~(,,~zg(ft~.~si'dj a. sd.,,:,z a.~d~ ,~ ~[~'5' Councilor Laws smt~ that there was two alternatives in this re~rt, and one would have wetlands in front of the soil filtration. The report also indicat~ that the debate was not over wetl~ds but over whether or not we would be able to prevent phosphates from coming to the tr~tment pl~t to begin with. 6 Councilor Hagen proposed a ban on garbage disposals and any unnecessary loading of the system that we are currently involved in. Comments on past discussion of forming a committee consisting of council and others in coming up with recommendations was made by Councilor Winthrop. He believes this was a valuable idea and still is because of the complexities and quality of this issue. He felt that the time spent with Water Resources and other agencies in exploring options, seem to have dropped out of the picture and that by trying to keep all the elements together is why it has become such a difficult process. Public Discussion: Gary Schroeder;681 Liberty Street; Ashland Wetland Coalition; he voiced concern that time had not been allowed to view the proposed study. If pilot program fails, he does not believe it should deter continued studies. Recommends that if council decides to hold off on proposed study they should get more firlns involved. Believes there may be grant money available. Feels Medford option continues to block the opportunity to make a decision. Made observation that we may be heading toward conflicts amongst ourselves and that a solid committee is needed to help make decisions. Plato Doundoulakis; 132 Church St; He feels that if council should proceed the way proposed, further bids should be put out and made open for all. Stated that it needs to be defined as to what exactly the needs are. Ron Roth;6950 Old Hwy 99 S; Commented on the process and the need of open citizen involvement in the process with council and staff. Discussion by council regarding consensus was raised and concern that if the study were done wrong, by not using the right testing protocol, $42,500 was not worth spending. That to get consensus with consultants on key issues or a committee would not happen because of the complexities and uncertainties in this matter. Councilor Hauck stated that when the time comes to send a proposal to DEQ, we should state our intentions regarding testing, and in the end could reach a solution that will satisfy DEQ's standards. Based on the discussion of council, Councilor Hauck felt it made more sense to combine various soil testing with small scale testing. Considering the three options, Councilor Laws suggested that council make a decision as to what direction to take, to eliminate or not to eliminate alternatives. Council needs to know which direction is to be taken, so decisions can be made. Does not believe council will have any further knowledge on August 1st than what they have right now. Discussion on proposal to DEQ would state that the city will do various setups based on how these tests were done. Council would propose to DEQ the direction to be taken, with contingencies, if initial proposal were to fail. Request of staff to do memo regarding garbage disposal and reminder on laundry detergents was made. Director Hall stated that a reminder will be included in the Newsletter the department is putting out in the near future. Council asked what could be done prior to August 1 in obtaining grants. Director Hall requested clearer direction froin council before grant application could be done. 7 Council directed staff to look for grant monies for possible pilot studies. Councilor Winthrop commented on the NEDC letter submitted by Karl Anuta which gives their recommendation in not supporting modification of regulation imposed by DEQ, but instead instructs the City of Ashland to take the most expensive option to meet these regulations. Memorandum from Community Development Director regarding costs of space needs alternatives. Discussion by Council in recommending that an offer be made to purchase the Hillah Temple to satisfy the space needs issue. Some suggestions as to what offer should be presented to Hillah Temple were based on the tax assessed value and appraisal of building. Concern about the costs involved and speculation on the cutting back of city government services was made. It was discussed that the purchase of the Hillah Temple should be pursued now, because keeping the $800,000 which is in the budget now for capital improvement, may not be available in the future. Council requested staff to obtain appraisal on the Hillah Temple in determining a starting point for an offer. Administrator Brian Almquist stated that the cost of the appraisal would be about $2,500.00 based on the cost of appraisals done for purchasing of open space property. Rick Vezie;446 Walker; Reminded council that Barbara Allen offered her services to negotiate with the Hillah Temple. He suggested that council consider using her services, which may be less expensive than hiring an appraiser. He understood that the city sold the land to Hillah Temple years ago for $1, and wondered if they may be willing to sell it back to the city for the same price. He commented on the difference between the Ad Hoc committee report and the report submitted by the Planning Director to the council. He felt that the report from the Planning Director talked about options but in the Ad Hod report it does not have options. The Ad Hoc report was very clear and specific in path to solving the cities space needs problems. He felt the Planning Director report has only options and no direction. Councilor Winthrop responded that he felt the council had an obligation to put the initiative that the Ad Hoc committee brought forward back to the voters if council does not follow substantially what was proposed. He has not committed himself to doing what the Ad Hoc committee recommended, but thought of the committee only as one piece of advice. Mr. Vizie feels that the council has two options; 1) Adopt Ad Hoc committee report or 2) Put the initiative on ballot. He questioned City Attorney Paul Nolte as to whether there is more exposure to litigation under title two of the ADA by being in the Wong building, and why was this done. It was confirmed that there is more exposure, and staff was placed there because it was felt to be the best solution for short term. Ron Roth;6950 Old 99 S; he feels the council should proceed with the Hillah Temple negotiations. Councilor Winthrop/Hauck m/s requesting the City Administrator to obtain an appraisal on the Hillah Temple property and to negotiate through an agent to determine if the Hillah Temple organization is willing to consider selling the property and what their asking price would be. Roll Call vote Laws Yes, Winthrop YES, Thompson YES, Hagen YES, Hauck YES. Motion passed. 8 DISCUSSION: Councilor Laws feels that city staff should not be involved in the direct negotiation with the Hillah Temple. ORDINANCES, RESOLUTIONS & CONTRACTS: Second reading of "An Ordinance amending the Ashland Municipal Code, Land Use Ordinance, modifying front yard setbacks in the R-1 District and encouraging porches." City Attorney Paul Nolte recommended on the amendment that because of the easements required for public utilities, the ordinance should be amended to a minimum setback of 8 feet or the width of any existing public utility easement, whichever is greater, from the front property line. Councilor Thompson/Hauck m/s to approve recommendation to amend minimum setback of 8 feet or the required for utility easement, whichever is greater. Roll Call vote Laws YES, Winthrop YES, Thompson YES, Hagen YES, Hauck YES. Motion passed. Councilors Hauck/Winthrop m/s to approve adoption of second reading amending the Ashland Municipal Code, Land Use Ordinance, modifying front yard setbacks in the R-1 District and encouraging porches. Roll Call vote Laws YES, Winthrop YES, Thompson YES, Hagen YES, Hauck YES. Motion passed. First reading of "An Ordinance amending the Ashland Municipal Code regarding the Local Improvement District procedures." City Attorney Paul Nolte reported to the council that this amendment will help clarify the manner if which local improvement districts may be initiated by petition. This amendment ensures that those that will be assessed 50% or more of the assessment have the ability to initiate the process. Councilors Hauck/Winthrop m/s approve first reading of amendment and move to second reading regarding the Local Improvement District procedures. Roll Call vote Laws YES, Winthrop YES, Thompson YES, Hagen YES, Hauck YES. Motion passed. City Administrator Brian Almquist made the first reading of this ordinance. First reading of "An Ordinance amending the Ashland Municipal Code regarding cost rein~bursements for developers." Public Works Director Steve Hall reported that because of State law dealing with Systems Development Charges (SDC's), reimbursement for water and sewer construction was repealed. Staff was not aware of this particular section of the Ashland Municipal Code. Councilors Hauck/Winthrop m/s to approve first reading and move to second reading regarding adoption of ordinance repealing the cost reimbursements for developers. Roll cab vote Laws YES, Winthrop YES, Thompson YES, Hagen YES, Hauck YES. Motion passed. City Administrator Brian Almquist made the first reading of this ordinance. 9 First reading of "An Ordinance amending street dedication map of Comprehensive Plan for Fordyce Street areas." City Administrator Brian Almquist made the first reading of this ordinance. Councilors Thompson/Hagen m/s to approve first reading and move to second reading regarding ordinance amending street dedication map of Comprehensive Plan for Fordyce Street areas. Roll Call vote Laws YES, Winthrop YES, Thompson YES, Hagen YES, Hauck YES. Motion passed. Resolution dedicating property for park purposes pursuant to Article XIX, Section 3, of the City Charter (Christian P. and Jacque Jean Hald property off Strawberry Lane). Councilors Hauck/Winthrop m/s to approve adoption of resolution. Roll Call vote Laws YES, Winthrop YES, Thompson YES, Hagen YES, Hauck YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS l) Councilor Winthrop cominented on the possibility of obtaining a traffic light at Maple street according to information published in the Tidings that evening. He voiced his appreciation to the effort by individuals in lobbying for this signal. 2) Councilor Winthrop presented a proposal for the council to endorse a resolution opposing congresses intention to cut funding for the Oregon Youth Conservation Corp. Councilor Winthrop/Thompson m/s approval to put proposal of resolution on the agenda for approval. Roll Call vote Hauck YES, Hagen YES, Thompson YES, Winthrop YES, Laws NO. Motion passed 4-1. DISCUSSION: Councilor Laws felt that this country is in enormous deficit at this time and the United States budget has to be cut by significant amounts of money and if every person associated with a project objects then the budget will never be cut and deficit will never be reduced. Opposes resolution and philosophy behind it. Councilor Winthrop agrees that the deficit does not cut, but debates about what programs should be targeted. Councilor Hauck felt that it wasn't about deficit cutting but about priorities and what you think government should do. Councilor Winthrop read resolution for council to endorse opposition of congresses intention to cut funding for the Oregon Youth Conservation Corp. 10 3) Councilor Laws reported on a letter received from Manor Motel that indicated the Highway Department is considering post-poning the construction until the end of the summer. In view of the light it may be desirable to post-pone construction based on the re-design to include the traffic light. Suggests that Public Works may want to put this on as an agenda item for discussion. City Administrator Brian Almquist voiced concern in delay because of the cost factors. Councilor Hagen commented that the concern in negotiating for the light was that if ODOT was asked to go back and re-engineer, the City of Ashland would then go back to the end of the list. ADJOURNMENT Meeting was adjourned at 9:58 p.m. Barbara Christensen, Recorder Catherine M. Golden, Mayor 11