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HomeMy WebLinkAbout1997-0715 Council Mtg MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL July 15, 1997 PLEDGE OF ALLEGIANCE ROLL CALL Councilors Laws, Hauck, and DeBoer were present. arrived late, Councilor Reid was absent. Councilors Hagen and Wheeldon APPROVAL OF MINUTES 1997 were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. 2. Introduction and Presentation by City Forest Lands Commission. Ashland. name only, members of the Forest Commission. The Forest Commissioners are Richard Brock, Herschel King, Tom Sanders, Terry Coppedge, and Fred Binnewies. A map was presented which provided information on the Forest Plan. It was noted that the commission works jointly with the US Forest Service on several projects. completed in the Forest Plan. Pam Barlow, staff liaison spoke on trails within the Forest Plan. Reported on the work on identifying trails and how they can be managed. Commented on the help that the mountain bike community has given for this project. Golden commented on the value and commitment of the Forest Commission. Feels that this protecting the watershed. CONSENT AGENDA 1. Minutes of boards, commissions and committees. 2. Monthly Departmental Reports - June, 1997. 3. City Administrator's Monthly Report- June, 1997. City Council meeting 7-15-97 1 e proposing the City's support of the HazRed project. Liquor License Approvals: a. Great American Pizza Company, 1448 Ashland Street; b. Dugout Sports Pub & Grill, 474 N. Main Street; c. Monet Restaurant, 36 S. Second Street. Councilor Laws requested that consera agenda #4 be pulled for discussion. vote- all AYES. Motion passed. #5. Voice their HAZRED plan. Commented that the council may not have had the same opportunity, as the mayor, for the time and effort to study this matter. Does not believe the council has had adequate public comment to come to these conclusions. Laws does not have an objection to behalf of the city council. the last year. several public meetings scheduled around town. Stated that the public hearings have been by Mayor Golden. comment. Councilor Wheeldon would welcome further opportunity for public letter Ranger District, there needs to be additional discussion. This would allow an opportunity to and controversial. this was put onto the current agenda. interpreted as the preference of the city, not the plan. Councilors Hauck/Wheeldon m/s to approve consent agenda item//4. is why be Voice vote: City Council meeting 7-15-97 2 PUBLIC HEARINGS 1. gutter and paving. give update on this issue. Staff recommended Option A as the formula for assessment on the improvements. Advised council that if the proposal should move forward, a resolution assessment district into effect. attorney. They wish to address the council as to whether or not the council may move forward at this time because of a city charter provision. The provision states that if 2/3 improvement for six months. Nolte stated that the council may want to first hear the neighbors have to say. of two-thirds of the land to be specially assessed therefore." because of ; "Effect of remonstrance. If at on the improvement shall be suspended for a period of six months." improvement district. local Noted that according to the petition there were 22 of the 25 effected Noted months. area with narrow dirt roads and are happy with things the way they are. Noted that the neighbors are aware of development in the area and are not against the development. Berman stated that access be required. The neighbors are concerned with additional traffic being funneled through their neighborhood. Stated that the city staff is asking that these streets be paved to facilitate the additional traffic of the new subdivision. The residents do not feel that this will benefit them directly. The neighbors feel that they are being demanded to pay for these City Council meeting 7-15-97 3 what it wants in terms of additional improvements within the LID. The neighbors would The neighbors would like the scale of the LID brought down. Berman noted that the average assessment to the property owners is $7,500. The neighbors would like streets to be like to see the cost negotiated out in a more equitable manner. by property action for six months. to suspend had signed the remonstrance. improvement for six months. The charter requires the council to suspend any action on this Nolte stated that it is arguable, under the consents that were right to remonstrate. However, Nolte pointed out that waivers of remonstrates are strictly remonstrate. certain. Nolte advises council to suspend action for six months, but not to a date suspension. The month same proposed LID. staff regarding this process and how to handle this more efficiently. taking any action on this matter. have opportunity to speak. like to Bob Sullivan/Developer of proposed subdivision. Explained that he intends on proceeding with work on subdivision. Commented on risks involved and the power that the city has had in the timeline of this development. Questioned what is really being stopped through the six City Council meeting 7-15-97 4 month suspension. Does not believe that the suspension should be enforced. the council approve a storm drain going into an open ditch. Requested that developer comes up with. Stated that the council cannot make this decision and that it should not go beyond the city engineering department. with own funding the developer complete subdivision with a half street. One, that Two, that developer putting in a half street. consistency in how to approach this matter from a business point of view. no favor. But, six months before forming the LID. Council. The commissioners on the Planning Commission are expert in their planning abilities and processing of applications. The Planning Commission approval for this development, was based on an either/or situation. of a be filed every six months. Local Improvement District. Stated that she is against LID's because they are divisive. Suggests that there be a tax that is spread out among all residents. opposition to the LID. Commented that the residents are not against the proposed development, but only their part in the proposed LID. Read prepared statement which commented on safety issues, increase of traffic, cost of LID to neighborhood, financial burden to neighborhood and unpleasantness of the process. Commented on the way LID's seem to create diversity in neighborhoods. Paul Westerman/420 Sheridan/Submitted prepared statemere to council. Commented on City Council meeting 7-15-97 5 process. control and that they would have to be addressed before the council. E. Kendall Clarke/445 Schofield/Submitted prepared statement to council. Commemed that benefit the developer. Stated that the developer is only required to pay a small amount of the total estimated cost of the LID. Explained that one of the unspoken problems of the all storm drainage as well as sewage must come down Schofield Street. Suggests that standards be reduced or contribute to the cost from the City Transportation Fund. Austin Brayfield/400 Monte Vista/Submitted prepared statement to council. Denise Gall/460 Schofield/Submitted prepared statement to council. Commented that one of the most important reasons to not pave has to do with trees. Stated that a noted proposed developmere. Shared her observations of Moumain View estates, which has only entrances/exits. Vance Littleton/465 Schofield/Submitted prepared statement to council. Pointed out that sidewalks and curbs are the most offensive to the neighborhood. Agrees with prior McLaughlin. Stated that if council would be in agreement to pave these streets, that the decision. Darlyn Adams/189 Westwood/Stated that LID's are nothing more than a "love in" with developers by the city. Commented that rural neighborhoods do not need sidewalks, that sidewalks belong downtown. Feels that the council stifled the work of the planning department. Requests that council listen intently to neighborhoods, that LID's are nothing more than blackmail. Believes that there should be meetings with neighborhoods before the beginning of an LID. Section 13.20.050 C of the City Municipal Code. passed. and Voice vote' all AYES. Motion City Council meeting 7-15-97 6 speaking this evening. Noted that these residents were aware that they had paid for have to be paying for improvement in the future. These residents had commented to Hagen, improvement. Hagen stated that it is commonly understood, that property owners pay for the street in front of their home. Did that falls on them. Shared experience where he witnessed water running down a dirt street, in the proposed LID area. The water was cutting the surface of the granitic soil, which carried the granitic soil down the slope and into the storm drain system. Explained that city residents which is the primary reason for paving. and within the urban growth boundary. State law requires that the city allow a property owner to develop their land to the maximum that the zoning allows. Planning Department and the willingness to design streets around trees. by the which calls into question the governors initiative to save salmon. Stated that all of the which silt up the gravel beds and kill salmon eggs. Believes there is a direct connection. Laws commented on three different issues. First, when are street improvements needed? Stated that Ashland, as a city, will have to develop. In our planning process trying to zone certain areas of our city, very low density, the state would not allow this. The state would not allow rural areas within the city. Second, what standards should be used for our streets? standards and staff is to follow the adopted standards. Explained that the city has written Commented on the issue of sidewalks. be paid for by "benefited" property owners or paid for by developers? Stated that 90% of residents have already paid for improvements through LID's. Stated that if a program is set for improvements being paid for by the city as a whole, 90% will be paying for the 10%. Wheeldon spoke on the idea of development. Stated that we are bound by state law, to allow property owners to develop their land. People who live in property that has been developed, are beneficiaries. Wheeldon would like citizens to be careful not to close the door and that City Council meeting 7-15-97 7 as economical as possible. PUBLIC FORUM with the city to represent the interests of the people of Ashland. a covenant NEW & MISCELLANEOUS BUSINESS 1. Ordinance, including potential repeal of sunset clause in the ordinance. Chronic Nuisance Property Ordinance and the continuance of that ordinance. Commented restoring and maintaining harmony in residential neighborhoods. Reported on a decrease in Submitted proposed ordinance to remove sunset clause, to be placed on the next council agenda for first reading. ® Report of Acting Police Chief Mel Clements on recommended changes to regulations on skateboarding on city streets. committee modifying the city skateboard ordinance. Issues of safety and enforcement were primary concerns of the committee. Proposed modifications were obtained from existing ordinances already in place by other jurisdictions. provide a safer environment for pedestrians. tO Pointed out that the ordinance requires where skateboarding is allowed. publication of a pamphlet. The pamphlet could be distributed through the local schools, and local businesses who deal with skateboard related items. posted 25mph or less, keeping them off the main arterial streets. Clements noted that the ordinance does provide for an enhanced penalty for violation in the downtown area. City Council meeting 7-15-97 8 laws pertaining to skateboarding. Hagen questioned the verbiage on page 4, item K of the proposed ordinance. Golden explained that it was pointed out to her in the committee, that "moving vehicle" rather than "moving motor vehicle", may not allow the hitching of a skateboard to a bicycle. Hagen pointed out on page 3, item B; that in his experience with It was suggested that this be worded, or pedestrian... ". "vehicles such as bicycles", or "motor vehicle, bicycle ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Repealing Resolution No. 97-08." (This is a 12.3% increase in the fee schedule, and an opportunity for public comment is welcomed) fifteen (15) minute service. contract, the city is giving it a legitimacy it does not deserve. of a Felt that what happened last tax. Silbiger is opposed to this being an additional tax. Gave his views on the RVTD tax measure that was proposed previously and lost. Believes that we are giving RVTD more Questions why RVTD has not gone back to voters for another funding request. Feels this is too much proposed additional funding. That the City of Ashland negotiated with RVTD several years ago to receive 15 minute bus service with reduced fare. Stated that the $100,000 determination was based on looking at what Ashland's share was of the money they were currently receiving. Laws explained that what was examined, was what Ashland's share was of the money increasing service from 1/2 hour to 15 minutes. The difference at that time was about $50,000 and is now, given the time delay, a difference of $100,000. study the impact of doing this sort of thing. Without state money, the share to the City of Ashland would have been closer to $100,000. City Council meeting 7-15-97 9 RVTD levy. Councilor DeBoer urged a "no vote" to the council. He is opposed to raising taxes that raise the cost of living to everyone in the City of Ashland. Feels this is a significant increase in percentage. Suggests that we go back to RVTD and renegotiate. Stated that if the full through December without an adjustment and work with RVTD. Feels there are other avenues for funding rather than a transportation tax. DeBoer supports public transportation and would like to see it included. Suggests that council wait six months to look at this before approving this increase. portion. Councilors Hauck/Hagen m/s to approve Resolution//97-31. Discussion: Councilor automatic in this. Roll Call vote: DeBoer, NO. Motion passed 4-1. Laws, Hauck, Hagen and Wheeldon, YES; Councilor Beyond That Now Authorized by Article XI, Section 11, of the Oregon Constitution." Councilors m/s Hagen/Hauck to approve Resolution #97-32. Hagen, Wheeldon, DeBoer and Laws. Motion passed. Roll Call vote: Hauck, on September 16, 1997. Voice vote: all AYES. Motion passed. Councilors Hauck/Wheeldon m/s to continue meeting to 10:30 p.m. AYES. Motion passed. Roll call vote: all o Code Regulating the Use of Skateboards Within the City of Ashland and Repealing Section 11.16.130 of the Ashland Municipal Code." full. City Council meeting 7-15-97 10 requires bicycles to be registered, but this does not pertain to skateboards. skateboards in the streets. deal with use of when backing out of a driveway. It was pointed out that it will be more difficult to see skateboarders, as compared to bicycles or pedestrians. City Attorney Nolte stated that there could be liability and would be a determination of the particular facts. Clements was not second reading, scheduled August 19, 1997. as this is not an emergency. Nolte Council did not agree to add emergency clause, reading. Roll Call vote: Wheeldon, DeBoer, Laws, Hauck and Hagen. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS Mayor Golden formally introduced Paula Brown, new Public Works Director. OTAK on the flood restoration projects. Discussion by council on including topic of Local Improvement Districts in the study session for September. ADJOURNMENT Meeting was adjourned at 10:15 p.m. Barbara Christensen, C~ty Recorder Catherine M. Golden, Mayor City Council meeting 7-15-97 ! 1