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HomeMy WebLinkAbout1995-0620 REG MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 20, 1995 CALLED TO ORDER Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers. Councilors Laws, Reid, Hauck, Hagen, Thompson and Winthrop were present. APPROVAL OF MINUTES The Minutes of the Regular meeting of June 6, 1995 were accepted has presented. SPECIAL PRESENTATIONS & AWARDS 1. Presentation of Retirement Certificates: a. Jack Tait, Engineer, Fire Department - 24 years of service. Mayor Catherine Golden honored Engineer Jack TaR at his retirement and extended the cities appreciation and respect for his twenty-four years of dedicated service to the citizens of Ashland. b. James Sparks, Filter Plant Operator, Water Quality Division - 31 years of service. Mayor Catherine Golden honored James Sparks in appreciation for his 31 years of dedicated service to the citizens of Ashland. 2. Presentation of Right to Privacy's "Voice of Justice" award to the City of Ashland (Councilor Reid). Councilor Reid and Councilor Hauck accepted the Right to Privacy's "Voice of Justice" award presented to the City of Ashland. CONSENT AGENDA 1. Minutes of Boards, Commissions and Committees. 2. Monthly Departmental Reports for May, 1995. 3. Second reading by title only of "An Ordinance amending the Ashland Municipal Code, Land Use Ordinance, modifying front yard setbacks in the R-2 District and encouraging porches." 4. Second reading by title only of "An Ordinance modifying the Ashland Comprehensive Plan map from single family residential to health care, and modifying the zoning map from RR-.5P to HC on the property comprising approximately 21 acres located on the east side of N. Mountain Avenue between Interstate 5 and Bear Creek." 5. Approval to cut pavement on Barrington Place near 180 Crowson Road for proposed sewer connection. 6. Conf'wmation of Mayor's request to appoint Anna Howe to position on the Planning Commission whose term expires on April 30, 1999. Councilor Thompson requested that items #5 and #6 be pulled and put on the agenda under New Business. Councilors Hauck/Winthrop m/s to approve Consent Agenda items #1 through//4 which includes approval of second reading for Ordinance//2760 and Ordinance//2761. Voice vote Laws, Reid, Hauck, Hagen and Winthrop YES; Thompson YES on items//1-//3, abstain on item//4. Motion passed. DISCUSSION: City Attorney Nolte noted that, item//3 Ordinance 2760 modifying front yard setbacks, had the correct 10 feet minimum set back for second reading. PUBLIC HEARINGS 1. "1995 Consolidated Plan" as required by HUD for receipt of Community Development Block Grant Funds. Housing Officer, Kelly Madding presented the recommendation to adopt the City of Ashland's Consolidated Plan, FY95. The plan was comprised of three main sections; 1) Housing and Community Development needs; 2) Housing and Community Development strategic plan and 3) Action Plan: One-Year use of funds. Council expressed concern regarding policy within the report on rental assistance programs, annexations and conditional use programs. It was agreed that these programs need to be checked into to see if this is still the direction of the Council. Ms. Madding stated that for HUD purposes it would be adequate to put what is currently being done as opposed to goals for future. HUD is not concerned with local policy as much as they are concerned with how the Block Grant is going to be spent. She suggested that because of the concern on specific objectives and strategies by the Council regarding affordable housing for approval of annexation or conditional use permit actions and because it does not effect how the Block Grant is going to be spent, that what is currently being done is what should be in the report. Council agreed that the policy could be revised to indicate how the cities policy exists currently. PUBLIC HEARING OPEN: 7:32 PUBLIC HEARING CLOSED: 7:32 Councilors Winthrop/Reid m/s to approve 1995 Consolidated Plan in principal and directs staff to revise policy as discussed to reflect current City policies. Voice vote: All AYES. Motion passed. 2. Adoption of updated Bikeway Master Plan as part of the Ashland Comprehensive Plan. Public Works Administrator, Pam Barlow presented to the Council the proposed Bikeway System Master Plan requesting adoption, a modification of the City of Ashland Comprehensive Plan. The Bicycle Commission reviewed the needs of the bicycling community and developed a revised Bikeway System. The proposed system addresses the needs of several types of cyclists and includes an off-street "Multi-modal Path" element. The system as proposed is a long-range goal, and has carefully considered regional and inter-neighborhood connectivity, which also allows for more effective connectivity with RVTD. The Bicycle Master Plan has been reviewed and approved, and forwarded for approval by TPAC, Traffic Safety Commission, Bicycle Commission and the Planning Commission. It was reported to Council that improvements scheduled at this time include improvements on the existing Comprehensive Plan. A central Ashland bikepath is being constructed along the railroad, ODOT is constructing a shoulder bike lane on Siskiyou Boulevard and are committed to maldng some shoulder improvements from Valley View to Schofield Street. There is prioritization on projects within the City, Siskiyou Boulevard is recognized as the key to the bicycle plan in Ashland. In order to continue making progress on Siskiyou Boulevard, mapping needs to be completed by ODOT. When this is completed then concepts could be introduced into the mapping and resubmitted to ODOT. It is reported that this may be a six month process. PUBLIC HEARING OPEN: 7:48 PUBLIC HEARING CLOSED:7:48 First reading of "An Ordinance adopting a new Bikeway Master Plan Map of Ashland Comprehensive Plan." Councilors Hauck/Reid m/s to approve first reading and move to second reading on adoption of Bikeway Master Plan. Voice vote: aH AYES. Motion passed. City Administrator Brian Almquist read first reading of Ordinance. PUBLIC FORUM NONE UNFINISHED BUSINESS 1. Affordable Housing Report prepared by Affordable Housing Committee regarding progress on goals set out in 1990 report. Affordable Housing Committee Chairperson Barbara Jarvis and Housing Officer Kelly Madding presented Ashland's Affordable Housing Report. It was reported that there was four major tasks involved; 1) Assess the progress and effectiveness of the goals set out in the 1990 Affordable Housing Report; 2) Assess the effectiveness of the current affordable housing ordinance; 3) Recommend uses for the Housing Trust Fund revenue; and 4) Monitor projects funded with the Community Development Block Grant. It is noted that when this report was prepared there had been no annexations since the affordable annexation provision was incorporated into the City ordinance. Councilor Reid questioned assossory fi~its that existed but were not legal and would they be legalized. Ms. Madding reported that approximately 50% of the reported 23 units have become legal as opposed to being newly constructed. Ms. Jarvis reported for Council that in regards to questions on down zoning R-2 and R-3 lands in a 1990 ordinance, it should be left in the report. She stated at the time the ordinance was enacted there had been significant financial changes within that portion of the development segment in Ashland. Prior to this, there had been a lack of sufficient apartments, but there is no shortage of apartments now and it was determined an economic problem. Councilor Hagen stated that he would like to see factored into the affordability equation-for-~F~'l~V location housing, the cost of automobile ownership. He feels there are thousands of dollars a year that go into ownership and operation of automobiles and that cost should be subtracted off from what people are able to afford in paying for a home if they are going to be forced to live on the outskirts of town. He also pointed out in the information period, accessory units built ranged in size from 350-860 square feet. He feels there may be a gap between smaller rentals and larger rt~t:s. Does not see bridge between the step-up of rental apartments and smaller hom that would be purchased. Councilor Hauck pointed out that in the report it talks about flow and very low income levels and what it would take to reach that level of population or deep substance. Ms. Madding stated that the report does address this and explains the reason there are no small units, is because the market had been relied on to provide the housing. The market or the developers who have participated in this program have determined that the market they are looking for is the two bedroom units. Councilor Winthrop noted many positive aspects to the Affordable Housing report and commented that now is the time to become innovated and focus on annexations vs. infill. He requested that the report be summarized and made available for public to read. Mayor Golden suggested that Council direct the Mayor to appoint a permanent affordable housing committee or commission. This committee or commission would be directed to deal with very specific issues. Councilor Hagen questioned the six percent interest accrued annually on SDC's. Ms. Jarvis stated this was set in the ordinance adopted in 1991 and is just a re-cap of what had been done before. Planning Director John McLaughlin reported for Council that the reason resale condition was removed, was that it was found that housing that was built affordable in the developments was not subsidized by the developer the way expected. The houses were built at market cost. By building at market value there was no subsidy and the recapture restriction became an impediment in getting people to buy these houses. Councilor Thompson stated that we should be looking at small lot partitions and would like the Affordable Housing Committee to look at this. Ms. Jarvis stated that the committee report was done months ago and to add things into the report now is inappropriate and not relevant to what the committee studied and made decisions on. She felt it more appropriate to give a new committee or new commission the additional issues to study. PUBLIC HEARING OPEN: 8:20 p.m. Jack Nicholson/1575 Greenmeadows/Presented the following comments on the Affordable Housing Report; 1) Stop using term "Affordable Housing", feels term is misleading; 2) What definition of "income" is used in determining whether applicants qualify for affordable housing; 3) Who verities that the data presented by the applicant is true and correct; 4) When the affordable housing program was first initiated, it was indicated that it was to give preference to Ashland residents who had been in the community for some period of time; 5) Why doesn't the affordable housing report show how much the program costs the City in terms of subsidies to builders, subsidies to renters or purchasers of affordable housing, and in terms of administrative costs; 6) The report should also list who is benefitting from the program; 7) Why were recapture provisions on sales of affordable housing eliminated; 8) The 6 % interest rate on repayments of systems development charges should be increased to reflect current interest rates; 9) The City should not develop a program that would provide second-mortgage financing for the closing costs and down payments on the affordable housing; 10) The City should not accept the recommendation that the Housing Trust Fund be used to make micro-business loans and to finance an education program about affordable housing; 11) The prime beneficiaries of the affordable housing program are developers and builders; 12) The affordable housing program is misdirected, unjust and provides developers with a device to avoid systems development charges and 13) If the City wants an affordable housing program, it should be aimed at low income residents. PUBLIC HEARING CLOSED: 8:29 p.m. Councilor Winthrop disagrees with Mr. Nicholson's statements and encourages more conservation with Mr. Nicholson regarding his views. Councilors Winthrop/Laws m/s thank the Committee for their efforts and to accept the Affordable Housing Report. In addition, requested staff to work with the Mayor in designing a proposal to create a permanent Affordable Housing Commission and refer the Affordable Housing Report, Councilor Thompson's suggestions and table Mr. Nicholson's comments to the new Commission which would address new issues. Voice vote: all AYES. DISCUSSION: Councilor Winthrop clarified for Councilor Thompson that the intent of the motion is not to commit to anything, because it would create more debate. His motion was to accept rather than adopt and not intended to endorse every specific recommendation. 6 2. Memo from Director of Community Development regarding appraisal of Hillah Temple property. Planning Director John McLaughlin presented update on Hillah Temple appraisal. It is noted that estimated market value of the property is $445,000 based on several different forms of analysis and comparison. Included in report is an estimated replacement cost for a 6,480 sq. ft. concrete block structure at approximately $452,000. There is no estimate for land costs in Medford, staff estimates those costs to be approximately $100,00 to $150,000 for a lot of adequate size to accommodate a new Temple. The cost to construct a similar concrete block building in Medford would be approximately $552,000 to $602,000, which is the projected replacement value requested by the Temple. The cost of razing the building was not estimated, but an approximate cost could be possibly $3.25 million. 7.. ~,~( It was clarified for Council that there had not been any communication with board members from the Hillah Temple as staff was waiting for direction from council. PUBLIC HEARING OPEN: 8:44 p.m. Marilyn Briggs/590 Glenview Drive/She is understood that purchasing the Hillah Temple and doing a remodel is more expensive than building a new City Hall. She does not believe that cost is the whole point. She believes that City staff has not followed the direction submitted by the ad-hoc committee. Rick Vizie/446 Walker/Building Inspector Mike Broomfield clarified for Mr. Vizie that the existing City Hall building is not considered an essential facility, as in a disaster. Mr. Vizie stated that in the report, a seismic evaluation for the current City Hall building reported that a minimum standard of safety for City Hall would cost in range of $166,300 and $327,300 depending on what was done. This averages out to $236,800 and is an unavoidable cost unless the City Hall building is abandoned. His problem with the staff report on the Hillah Temple appraisal is that the average of $236,800 should be added into the cost of the Hillah Temple. He also feels that cost should be added into any other project. The cost should not be added to any cost evaluation concerning remodels to the existing City Hall building because cost would be absorbed in renovation of City Hall building anyway. Spoke on issue of cost effectiveness and how tax dollars are spent. Feels this is an issue of value not cost. Feels City should consider the value of location to Hillah vs. City of Ashland and that this would enhance our position. He would like to suggest to Council that a committee be formed to find options available with the Hillah Temple board members. He also suggests that the City follow the minimum requirements recommended made by the seismic report in bringing City Hall up to ADA compliance. Requests information as to whether any of these recommendations had been addressed. Would like to see council deal with this issue as an investment. 7 PUBLIC HEARING CLOSED: 8:55 p.m. Councilor Laws stated that he did not feel it was a staff problem, but rather the Councils lack of direction to staff. He feels the Council has been hesitant because of the unknown costs involved. He is not sure that the question of purchasing the Hillah Temple should be a decision made by the Council but a decision that should be referred to the people. Councilor Thompson is not convinced that the Hillah Temple needs to be razed. Would like to see potential renovation of Hillah Temple. Councilor Winthrop felt there was consensus on the need of additional city space. He stated that the Council has a moral obligation to bring forward the initiative if the Council fmds they are clearly of different opinion and direction than that of the ad-hoc committee proposal. Does believe there is disadvantages to the Hillah Temple site regarding inadequate parking and inappropriate structure for City purposes. He would suggest that Council meet in executive session to discuss approach to Hillah Temple board members. States that the Council has not at this point made any commitment to take Hillah Temple as its first priority. Mayor Golden commented that if this amount of money is going to be set aside to construct a building, her suggestion would be to use the ad-hoc report and make minor adjustments to the existing City Hall building. A commitment could be made down the road to purchase and set aside money to renovate the Hillah Temple if the majority of Council chooses. She does not feel this has to be done immediately, but that money could be set aside. She suggested to Council that a decision be made as to what direction the monies should be spent. Councilor Reid commented on the past council which was committed to maintaining City Hall downtown. Because 10 years has passed since this discussion, she feels there should be new discussion. Councilors Winthrop/Thompson m/s requesting City Administrator to schedule an Executive Session in the next month to discuss how to approach Hillah Temple community without making a commitment to purchase. Voice vote: all AYES Building official, Mike Broomfield updated the Council on meeting seismic code requirements. He reported that the 1991 Oregon Specialty code requirements for the Finance area downstairs was met, seismic requirements are being addressed and noted that there is a joint project with Shakespeare in putting in an elevator. NEW AND MISCELLANEOUS BUSINESS 1. Request for connection to City sewer for property located outside the City Limits, inside the Urban Growth Boundary at 3077 East Main Street. Assistant City Engineer, Jim Olson presented recommendation by staff to approve sewer connection for Scott and Chris Hollingsworth to their new home now under construction at 3077 East Main Street, Tax lot 324, 39-1E-12. Scott Hollingsworth/3077 E Main/Petitioned the City for sewer hook-up for the following reasons; 1) Only area available for locating sand filter has made drive way access difficult. With permission to hook up to the City sewer it would enable him to expand driveway into area approved for sand filter and make exiting and access to his property safer; 2) The City is currently serving his house with electricity and believes he should be allowed access to the City's more sanitary, environmentally preferred sewer collection system; 3) The City has already connected to the City sewer or granted permission to connect at least three other properties within a few hundred yards of his property; and 4) Approved drain field area lies within 70 feet of Nell Creek, hooking up to the City sewer would help protect against any environmental concerns. Councilor Thompson stated that this should not be done routinely and that criteria set for hook-ups should be followed. Councilor Hagen felt that the concerns raised by the owner regarding driveway access was due to poor planning on the owners part and should not be considered reason for approval. Discussion as to why property was allowed service to City electricty but not sewer was clarified by City Administrator Brian Almquist. He noted that when the Oak Knoll subdivision was condemned, part of the settlement was, that as any land was developed in the Urban Growth boundary, the City was given the right to serve. It was also confirmed for Council that the City limits was across the street from the property. Councilor Hagen stated that the airport and golf course being within the City limits was different than having residential development in that area. He has a problem with new home construction in that area and the reliance on hooking up with the City services. Mayor Golden commented that in keeping with affordable housing that applicants such as Mr. Hollingsworth who is currently employed by the City as a Firefighter, or any other people who serve our community, that it is important to keep them a part of the community. She felt it important to keep a diverse community in keeping with the affordable housing direction of the City. Councilor Thompson voiced his concern regarding bringing up an occupation of an applicant. 9 Councilors Laws/Reid m/s to approve request for connection to City sewer for property inside the Urban Growth Boundary at 3077 East Main Street, noting the unique situation involving traffic safety and not growth. Roll call vote: Laws, Reid, Hauck, Winthrop YES; Hagen, Thompson NO. Motion passed 4 YES, 2 NO. DISCUSSION: Councilor Thompson stated that the Council needs to do the best that they can in all of their policies to accommodate growth within the existing City limits. He would like more focus on a compact urban forum and not extend our services outside city limits until ready to do SO. Councilor Hauck supports request because the property is surrounded by City limits and is an exception to the rule. 2. Establishment of fees for communications services. Administrative Services Manager, Linda Hoggatt presented memorandum establishing a fee schedule for communication services provided to external agencies. Options submitted were 1) Establish a user fee for providing communication services to private sector businesses and other governmental agencies (other than City of Ashland); 2) Continue to subsidize users of the system e.g. "for profit" ambulance companies and 3) Advise the private ambulance service to provide their own communications services (beyond 911 requirements). Impact benefits would consist of the following; 1) Eliminate use of municipal funds to support a private business or other governmental agency; 2) Provide a means for users to pay their fair share of communication costs; 3) Should the private provider opt to handle their own communication services it will reduce the workload on our public safety dispatchers and assist in delaying the need for hiring additional dispatchers; 4) Establishes a fee if other ambulance companies were to attempt to obtain the ambulance service rights for the Ashland area; and 5) Increase revenue necessary to continue the existing level of service in communications. Downside to the impact would consist of the following; 1) Private provider may pass on direct costs to the consumer; and 2) Some public concem may take place based upon their not being aware of the City's position. Hoggatt reported that there is a reciprocal agreement with SOSC currently for off hours. 10 City Administrator Almquist noted that Communication services is all in one place in the budget and not charged out as a "central service program". Councilor Hagen commented that he did see private provider passing on direct costs to consumer as a downside. Ms. Hoggatt stated that these downsides were only what could be perceived. And confirmed for Council that representatives from ALS were notified. Councilors Hauck/Winthrop m/s directing staff to bring back for Council approval a proposed fee schedule for communications services. Voice vote: aH AYES. 3. Request for residents on Oak Lawn Avenue for limited street improvements in Oak Court Subdivision. Assistant City Engineer, Jim Olson gave background on failed local improvement districts to improve the existing granite surfaced streets for Oak Court Subdivision. The average "if favor" for such a project has been less than 30%. Staff has no recommendation and will follow direction of Council. Because of health problems by Mrs. Albert Dresnek (185 Oak Lawn) the property owners are willing to pay for the cost of the project and retain a contractor to perform the work. The pavement will meet City standards which would allow the installation of curbs, gutters and sidewalks in the future if the neighborhood so desired. Councilor Reid indicated that because of the uniqueness of this street she may support paving. Councilor Hagen was concerned that if this is street is paved, sidewalks would not be done and in this case it may not be necessary. Mayor Golden stated that this is a very quiet street and a good example of where pedestrians, bicycles and traffic co-exist with little problems. It was confirmed for Council that storm drains will be done at the time of improvement and annual grading. Councilors Laws/Winthrop m/s to approve staff cooperating with the neighbors and allow street improvement as proposed in Oak Court Subdivision. Voice vote: aH AYES. 11 4. Request by Mayor Golden for discussion of revision to annexation criteria. Mayor Golden requested that annexation criteria be re-examined as it was important to be inline with the City Comprehensive Plan. She felt that it should be predictable for developers and help the community with the uncertainty regarding annexations. Council received follow-up memo from City Attorney Nolte from the June 7, 1995 meeting where annexation criteria was reviewed. Council was requested to submit any further items they feel appropriate that would be referred back to the Planning Commission for Public Hearings on further input from the community. There was consensus of council regarding the performance of the City Comprehensive plan and that there needs to be better clarifying language clearly outlining ordinances and resolutions which implement the Comprehensive Plan. Councilor Laws would like to see specific alternatives referred to an ad-hoc committee to develop the alternatives, then brought back to Council for approval and then bring those approved by Council to the Planning Commission. It was agreed by Council to continue discussion of annexation criteria at the Study Session scheduled Wednesday, June 21, 1995 regarding rough ideas and concerns to send to the Planning Commission. Councilors Winthrop/Laws m/s to continue meeting past 10 p.m. Voice vote: aH AYES. Motion passed. 5. Approval to cut pavement on Barrington Place near 180 Crowson Road for proposed connection. Assistant City Engineer Jim Olson presented staff recommendation to approve pavement cut at 180 Crowson Road for previously approved sewer connection. Councilor Hagen voiced concern regarding the issue of cutting pavement. He requested from Public Works a way to identify utility impacts when sewer hook-ups or similar requests are made. Councilors Laws/Winthrop m/s to approve pavement cut for proposed sewer connection. Voice vote: all AYES. Motion passed. 12 6. Confirmation of Mayor's appointment of Anna Howe to the Planning Commition for term expiring on April 30, 1999. Procedure for selection of applicants for appointments by the Mayor was clarified for Councilor Thompson. Councilors Thompson/Reid m/s to approve appointment of Anna Howe to Planning Commission. Voice vote: all AYES. Motion passed. ORDINANCES, RESOLUTIONS & CONTRACTS 1. First reading by title only of "An Ordinance adding Section 15.04.105 to the Ashland Municipal Code relating to Barrier Removal Plans for Buildings and establishing Hens for such plans." Building Official Mike Broomfield and Planning Director John McLaughlin provided clarification on proposed ordinance, that it is not a ADA requirement, but a building code. It is a less difficult way of meeting the current building code when altering an existing building. The State has allowed barrier removal plans to be used as a method of doing this and left it to local jurisdictions to develop the language and the methodology for how to meet the enforcement criteria. The Barrier Removal Plan will help in dealing with the difficulty of enforcing the criteria and provide the Ashland Building Division with the means and funding to enforce provisions of the Oregon Structural Specialty Code which extend beyond completion of building permit. The ordinance was discussed with the Ashland Board of Realtors, various lenders and was reported at development meetings. It was explained that this ordinance is an option to meet the current code requirements for alterations and is not a requirement. The Barrier Plan would give the permit applicant flexibility and time to meet the building code requirements. Councilor Thompson voiced concern with proposed ordinance in that it would effect too much of the downtown area. He requested Council to postpone approval and would like to gather more public input from business and building owners. It was confirmed for Council by City Attorney that it was possible to develop the plan without the lien requirements. But is was pointed out by Broom field that there needs to be a way to enforce 25 % of the cost and pay for the plan. Councilor Thompson motion to table f'wst reading of proposed ordinance. No second. Councilors Winthrop/Laws m/s to schedule proposed ordinance for Public Hearing. Voice vote: Laws, Reid, Hagen, Winthrop, Thompson YES; Hauck NO. Motion passed. 13 Reading by title only of "A Resolution re-establishing the Municipal Audit Committee, redefining its objectives and responsibilities, and repealing Resolution Number 91-16." Moved to July 5 Council meeting. Reading by title only of "A Resolution of intention to provide for improvements to the east haft of North Mountain Avenue; authorizing and ordering the local improvements; assessing the cost against the properties to be benefited, and creating the North Mountain Avenue Local Improvement District." Councilors Winthrop/Hauck m/s to approve Resolution 95-21. Roll call vote: Laws, Reid, Hauck, Hagen, Winthrop, Thompson YES. Motion passed. 5. Reading by title only of "A Resolution transferring appropriations within the 1994-95 budget." Councilors Laws/Hauck m/s to approve Resolution 95-20. RoB eaB vote: Laws, Reid, Hauck, Hagen, Winthrop, Thompson YES. Motion passed. 6. Reading by title only of "A Resolution amending the pay plan for management and confidential employees for f'tscal year 1995-96 (excluding executive employees)." Moved to continued Council meeting June 21, 1995 at 12 p.m. OTHER BUSINESS FROM COUNCIL MEMBERS None ADJOURNMENT Meeting adjourned until 12 p.m. 6-21-95 Barbara Christensen, Recorder Catherine M. Golden, Mayor 14