HomeMy WebLinkAbout1998-0707.REG.MINMINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
July 7, 1998
CALL TO ORDER
Mayor Shaw called the meeting to order at 7:00 p.m., Civic Center Council Chambers.
ROLL CALL
Councilors Laws, Hauck, Hagen, Wheeldon and DeBoer were present. Councilor Reid was absent.
APPROVAL OF MINUTES
Councilor DeBoer noted a correction to the first paragraph on page nine, and asked that the portion of the paragraph
which begins "Noted that fourteen new homes...." be attributed to Councilor Reid. The minutes of the regular
meeting of June 16, 1998 were accepted as amended.
SPECIAL PRESENTATIONS & AWARDS
None.
CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees.
2. Appointment of Paul Nolte as Judge Pro Tem for Saturday, August 1, 1998.
3. Authorization for Mayor and City Recorder to sign Quitclaim Deed to terminate portion of
drainage way easement on Oak Street.
Councilor Wheeldon noted that the Forest Commission minutes were actually an agenda. Public Works Director
Paula Brown, staff liaison to the Forest Commission, confirmed that this was an agenda and stated minutes would
be provided.
Councilors Hagen/Hauck m/s to accept the consent agenda. Voice vote: All AYES. Motion passed.
PUBLIC HEARINGS
1. Consideration of CATV Assignment TCl/Faleon.
Public hearing opened at 7:08 p.m.
Howard Gan of TCI/Falcon explained the ne~v technologies and services his company hopes to provide. Briefly
explained the background of Falcon. Noted that they have been in business for twenty five years, and currently
serve over six hundred small and medium-sized communities around the country, especially in California and
Oregon. Explained that Falcon works hard to provide support and cooperation to the communities served. Noted
that support of schools and charitable events.
Emphasized that Falcon will have complete control of the cable system, while TCI will retain a minority ownership.
Stated that TCI's volume should help in obtaining better programming rates and thus may keep costs down while
allowing a wider variety of programming.
Noted Falcon's intention to take 550 mhz bandwidth system and upgrade to a 750 mhz system, to provide two-way
interactive service and a wide array of telecommunication services. Noted Falcon's history of offering at least one
free high-speed modem in each school within the communities they serve, with additional modems at cost, and
service provided free of charge to schools. Emphasized that they plan to work with Southern Oregon University,
and would also be happy to provide internet access to the City at no charge for public, municipal use.
City Council Meeting 07-07-98 1
Feels that the City's entry into the cable business would be an unnecessary duplication of efforts. Stated that Falcon
representatives have met with City officials to propose that the City build its fiber ring, with Falcon to provide
connections to homes. Proposed lease of the fiber in the City, with the distribution system to remain available to the
City for utility purposes. This would remove the City's need to build a cable system at an additional cost of $3-4
million, and the lease of fiber by Falcon would offset the City's costs for constructing the fiber ring. Emphasized
that Falcon would be willing to provide 2 mhz of bandwidth for city to use. Feels that this proposal would meet all
City objectives, including utility applications, and would be a great cooperative venture.
Concluded that Falcon will upgrade to a state of the art cable system, and provide high-speed internet access before
the end of 1998. Emphasized that the proposed cooperative venture with the City would serve everyone's best
interest.
Councilor Hauck questioned the time frame for the changes mentioned. Gan noted that they are currently in the
process Of an engineering walk-through, and will then implement the new designs and upgrade the system. Stated
that it would be six to seven months for the system upgrade.
Bob Thomas, Technical Manager at TCI/Falcon, confirmed that the rest of the valley (specifically Medford,
Jacksonville, Phoenix and Talent) is presently served by a 550 mhz system, and that the proposed design is for an
upgrade of this system to 750 mhz, which is a relatively simple upgrade.
Councilor Hauck questioned what arrangements have been made with internet service providers (ISPs). Gan stated
that Falcon is cognizant of the City's desire to have the system be accessible to other ISPs, and stated that Falcon
will seek a partnership to provide "turnkey access" to the system for high-speed internet access.
Councilor Hauck questioned whether an extension of the franchise agreement would be requested. Gan explained
that at the City of Medford's recommendation, Falcon will be entering into a ten-year extension of their franchise
agreement with Medford, independent of the proposed upgrade. Emphasized that they will perform the proposed
upgrade, for Ashland and the rest of the valley, without concern for the extension of Ashland's franchise agreement.
At Councilor Hauck's request, Gan conrimmed he is aware of the City's Telecommunications Ordinance, though he
was not certain of its specific requirements.
Councilor DeBoer questioned how AT&T's purchase of TCI will affect TCI/Falcon. Gan noted that due to the size
of the transaction, it will not close for at least a year. Noted that TCI's role is that of a minority partner with Falcon,
and that TCI has no board seats and no control of day to day operations. However, looked at on a larger scale,
AT&T's size gives it access to programming and rates which will increase with this takeover, and will likely make
available many more high tech services to Falcon customers through the partnership with TCI.
Gan noted that Falcon can continue with their plans without leasing the City's fiber ring, but that the proposed lease
of fiber would be a mutually beneficial arrangement that will save Falcon money they had been planned for the
upgrade.
Councilor Laws questioned whether TCI was to maintain physical plant ownership under Falcon's management, as
he had seen this mentioned in a recent newspaper article. Gan stated that this was not true, and explained that this is
only the case as the transaction with TCI is closing and franchises are being transferred in each community served.
However, with the closure of the transaction, the physical plant will be owned by the new partnership with Falcon
as majority partner.
Councilor Hauck questioned Falcon's public access policy and its history in providing public access channels. Gan
stated that he feels public access is great in that it provides local, community TV. Emphasized that Falcon does not
normally involve itself in the production end of the business, but that they support public access television where it
is available. Noted that they always provide channels free to cities, and in many cases they provide financial
City Council Meeting 07-07-98 2
support for public access as well. Councilor Hauck asked for details on Falcon's history of providing equipment
and monetary assistance. Gan stated that this depends on what each City wants. Cited Northern California
examples, where he felt too much was asked, and stated that eventually, these costs are passed along to customers.
Suggested that Falcon prefers to find a reasonable balance.
Public hearing closed at 7:28 p.m.
2. Consideration of an amendment to the Ashland Land Use Ordinance Chapter 18.72.110 and Section
VI of the Site Design and Use Standards to establish a set of design standards for the downtown
area.
Director of Community Development John McLaughlin provided background on the proposed amendment, noting
that the process began at the request of a local developer who asked that the City clarify its expectations with regard
to design standards in the downtown area.
McLaughlin noted that Mark Knox, Associate Planner, had been the lead staff person on this project. Also noted
the involvement of John Duffie the architect who created the drawings seen in the packet, and Le Hooks, of Oregon
Shakespeare Festival, also from the downtown design standards committee.
McLaughlin emphasized that the creation of these standards supported in the City's Comprehensive Plan, the
Downtown Plan, and in the Land Use Ordinance. Noted that Councilors had been provided with a summary that
included real world examples of how these design standards could be implemented. Noted that staff had intended to
build on what has been successful for Ashland, to learn from the past to provide a stepping stone for the future.
City Administrator Mike Freeman asked that McLaughlin explain the fore, at of the proposed amendment that will
be brought back before Council. McLaughlin noted that staff would bring back an ordinance with an overlay map
relating to the downtown, and stated that these will be brought to the next meeting. Noted that the summary
infom~ation provided included illustration of several opportunities for substantial commercial investments within
the downtown area.
Councilor Wheeldon questioned if it would be possible, under the proposed standards, to build a modem building
downtown. McLaughlin noted that a modern building with traditional features could certainly be built downtown.
Opened to public comment at 7:38 p.m.
Allan Sandler/1260 Prospect Street/Noted that he had asked for help, and that he appreciated the quick response
and hard work on the part of the City. Suggested that he would like some sort of assurance that commissions, such
as the Historic Commission, will not make arbitrary changes to plans after their initial approval. Feels that while
such changes may be honest and well-meaning, they create significant additional expenses for the developer.
Suggested that a process similar to the pre-pre-application process be considered, and that wording be included in
the proposed standards to address the unpredictability of the current process.
Mayor Shaw stated that in speaking with the Historic Commissioners, it was their feeling that changes proposed
after initial approval have been in response to developer-initiated changes. Shaw suggested that developers not
make last minute changes if they do not want to open up the possibility for other changes. Emphasized that once
building starts, if changes are made by the developer, there is give and take. Also noted that these changes are
within the purview of the Historic Commission, and that developers have the right to appeal.
Councilor Wheeldon asked if Associate Planner Mark Knox could speak on this issue. Knox noted the proposed
downtown standards should clear this up to some extent, and that pre-design procedures should help improve
communications. Emphasized that design is objective, and that through the current process, a plan comes before a
City Council Meeting 07-07-98 3
committee and then the full commission, and neighbors have the opportunity to comment, and at each level input is
made. Stated that in Mr. Sandlet's case, there was some give and take.
Sandlet emphasized that he was seeking discipline on the part of the Commission.
Councilor Hauck noted that in his experience as Council liaison to the Historic Commission, changes are made, but
issues are not drawn out.
Knox explained that in the case under discussion, the review was done and the Commission had given their
approval, and that in the building permit process there were some changes proposed. Knox emphasized that he
doesn't see the need to change the process.
Sandler suggested that initial meetings be more formal and official, with the full commission. Stated that he was not
concerned with the past, that he is happy with the City's efforts, and would just like to see a little more discipline
and control in the commission review process.
Le Hook/393 Oxford/Thanked everyone for the opportunity to serve on the committee. Noted that the purpose had
been to give a clearer idea of expectations prior to the first meeting in the plan review process.
Closed to public comment at 7:55 p.m.
Mayor Shaw questioned Director of Community Development John McLaughlin as to whether it would be possible
to bypass the initial committee meetings and go before the full commission. McLaughlin noted that this month,
three applicants are going before the full commission for review prior to beginning the process. McLaughlin
clarified the process, noting that some applicants do come in to meet with staff and commissioners prior to the pre~
application. Stated that this gives feedback about design issues. Noted that there are opportunities for changes
throughout the process, but that no changes are allowed after the final decision. Emphasized that this means there
should not be changes when an approved plan comes through for building permit. Stated that construction according
to approved plans is basically a contract between the Planning Commission and the applicant. Pointed out that the
proposal under consideration will clarify the process and expectations.
Councilors Hauck/Hagen m/s to direct staff to bring back a proposed ordinance for the Council's approval.
Voice vote, All AYES. Motion passed.
Councilor Laws stated that processes need to allow for some leeway on the part of the City, and that this is part of
the cost of working with a committee made up of concerned citizens.
PUBLIC FORUM
John Huskey/173 Alder Lane/Representing the Associated Students of Southern Oregon University (ASSOU),
inquired as to the possibility of his attending the City Council Study Session scheduled for July 8th. Informed that it
was a public meeting and he was welcome to attend.
Matt Stillman/220 West Rapp Road #138, Talent, OR/Also representing ASSOU. Spoke concerning efforts on
behalf of ASSOU in dealing with Rogue Valley Transportation District (RVTD) concerning ridership. Stated that
the University will continue its approximately $8700 subsidy of bus service, but will move away from the twenty
five cent per ride fee. Would like to issue monthly passes at five dollars, or quarterly passes for $15, and have rides
within the city limits of Ashland be free of charge to students. Stated that these changes should be in effect within
the next few weeks, and that they should have impact on parking beginning with Fall term.
Councilor Hagen questioned whether using parking fees to subsidize bus service had been considered. Stillman
stated that while it had been discussed, present regulations would not allow it.
City Council Meeting 07-07-98 4
UNFINISHED BUSINESS
1. Council Decision on Appeal of Planning Action No. 97-054, Planning Commission Approval of a 25-
lot subdivision on upper Strawberry Lane.
Director of Community Development John McLaughlin gave a brief summary of the last meeting. Stated that staff
had looked at different options. Feels that improvement should perhaps occur through an LID process, involving
the neighborhood. Staff recommends approval of the planning action with the inclusion of condition #21 to require
paving to a paved collector from the intersection of Strawberry Lane and Alnutt Street. This would allow several
possible options for financing and the selection of streets to be improved.
Councilor Wheeldon feels that based on the last meeting, the neighbors are concerned with a safety problem now.
While this issue is connected to the proposed development, the safety concerns are not due exclusively to that
development. Testimony indicated that there were concerns over the degraded state of the existing streets in
providing access to homes and open space. Feels that the neighborhood was approaching the council to ask for
help, and agrees with the staff recommendation.
Councilor Laws noted the previous discussion had indicated concerns over the need for a traffic study. Stated that
if the plan is approved with the condition recommended by staff, paving will be required to minimum city standards,
and there is thus no need for a study. Discussion of the fact that approval of the development with the inclusion of
condition #21 would require paving to city standard in order for the development to occur.
Councilor DeBoer questioned legality of Council imposing conditions as part of the appeals process. City Attorney
Paul Nolte stated that this is legally acceptable. Nolte also clarified that any items sent to Council after the close of
the public hearing at the last meeting ~vere not part of the public record, and thus cannot be considered in the
Council's decision tonight.
At the request of Councilor DeBoer, McLaughlin clarified the recommended condition as requiring paved access
from the end of the paving previously proposed by the developer, at the intersection of Strawberry Lane and Alnutt
Street, to a paved collector street.
Councilor DeBoer suggested that there was a need to pave all streets at this time. Mayor Shaw stated that with the
passage of the "Trackout Ordinance" this will soon be required. Councilor Laws stated that he would rather not
require all streets be paved as a condition of this approval, and would prefer merely that safe access be required.
Suggested that for the development to be approved, it should simply provide a safe access, with future paving of the
other streets left to the same resolution as other unpaved streets within the City.
Mayor Shaw asked staff to confirm that the paving at the intersection of Alnutt and Nutley Streets is actually asphalt
dumped by the Street Department to abate dust concerns, and not pavement per se. Emphasized that the map
should include this portion as it is technically unpaved. Public Works Director Paula Brown confirmed that this was
the case.
Councilor Hauck noted that he was previously concerned about capacity issues, and feels that the record does not
demonstrate that capacity issues are adequately addressed. Stated that he would need to see all area streets paved to
address capacity needs on the streets below. Councilor Laws suggested that by paving one street, it will be the one
used, thus addressing the issue of capacity.
McLaughlin stated that the capacity resolution applies, and that the City cannot require paving of all streets that will
be used. Councilor Hauck clarified that the streets below the proposed development are all unpaved and narrow,
and irrespective of the ordinance, they cannot meet capacity requirements without paving.
Councilor Hagen agreed with Councilor Hauck that the study presented in the record indicated increased traffic
counts, but feels that people will use those streets that are paved. The study assumed either that all would be paved
or all would be unpaved, and the study is thus irrelevant to the present discussion.
City Council Meeting 07-07-98 5
Councilor Laws stated that he disagreed with McLaughlin, and that he feels that those streets that are likely to be
used must have capacity. The required paving will make use likely and relieve capacity concerns on the unpaved
streets. Emphasized the need to look as far as a significant impact is likely.
Councilor DeBoer moved to refer this planning action back through the planning process. Motion dropped
for lack of a second.
Councilor Wheeldon stated that this issue needs to be addressed now, with creative options. Feels that Council
should consider the area streets as a package. Emphasized that the situation needs comprehensive attention now.
Confirmed that recommendation will allow to look at a plan of options.
Councilor Hauck questioned City Attorney Paul Nolte as to whether Council can approve the application with the
requirement that a plan be brought back before Council for approval. Discussed the need to leave the options open
to address more than one street. Nolte stated that the Council's vote must include a provision for adequate access,
and that Council cannot grant approval now with the requirement that a plan be brought before them at a later date
for approval. Stated that Council could approve as recommended and allow staff to return a plan.
Councilor Laws/Hagen m/s to approve the application with the adoption of the staff recommendation.
Discussion: Councilor Hagen stated that he feels all streets in the neighborhood are currently above
capacity, but he feels that this is a separate issue from the proposed development. Feels that the proposed
development only needs to provide access "to and through" and ensure bringing the street up to capacity as
well. Councilor Laws noted that he is concerned with limiting the options for dealing with this matter in an
expeditious manner. Feels that approval cannot be held up for the paving of all three streets, and also that
requiring this could delay the improvements for a long time as the City does not presently have "signed in
favor" agreements from fifty one percent of the area property owners. An LID might be possible, but he
feels that Council should do what it can to improve streets to a safe level as soon as possible. Any
alternatives suggested to this motion could result in considerable delays. Councilor Wheeldon asked for
verification of the signed in favor agreements, and McLaughlin stated that with the inclusion of Scenic Drive
the City currently does not have the necessary fifty one percent. Councilor Hauck emphasized that this
motion leaves the options open. Councilor Wheeldon questioned if the best solution were determined to be
that Alnutt Street and Strawberry Lane be designated as one-way streets, could this be interjected into
process? Also questioned if this would be brought back as an LID, or if there was a possibility that it would
not come back before the Council if it were paved outside of the LID process. McLaughlin stated that the
Council could initiate an LID. Mayor Shaw stated that she feels Council could delineate a condition//22
with one-way streets and paving for both, with the cost either left up to the developer or to an LID. Another
option would be for the Council to propose an LID for all unpaved streets below the development, but Shaw
suggested that she feels this is separate from the action before Council. Councilor Wheeldon explained that
this could result in a lost opportunity, as the most expedient option (paving Alnutt Street as a two-way) may
not be the best solution for the neighborhood. McLaughlin noted another possible option would be to
require the developers to sign in favor of an LID as condition//22, and Council could then decide on streets
to be paved. Mayor Shaw suggested that the proposed development could be approved, then Council could
see what is to be proposed by the developer before bringing forth an LID. Councilor DeBoer noted the
history of improvements in the Westwood neighborhood, where Council gave the option of paving by the
developer or through the formation of an LID. Feels that this allowed some latitude, as does the motion
presently before the Council.
Roll call vote: Wheeldon, Laws, and Hagen: YES. Hauck and DeBoer: NO. Motion passed 3-2.
CiD' Attorney Paul Nolte asked McLaughlin for clarification of the date under the extension of the 120-day rule
agreed to by the applicant previously, and inquired as to whether this date allowed sufficient time to complete the
findings. McLaughlin indicated that the applicant's representative was present in the audience. Applicant's
attorney stated that they would allow a further extension to allow sufficient time for preparation of the findings to be
presented at the next Council meeting.
City Council Meeting 07-07-98 6
It was clarified that the motion which had been passed denied the appeal, and upheld approval of the application,
with the addition of condition #21 as recommended by staff.
NEW AND MISCELLANEOUS BUSINESS
1. Council Confirmation of CDBG Funding for Community Works Family Resource Center.
Director of Community Development John McLaughlin provided background information, noting the preparation of
a time line for the project prior to the allocation of funding. McLaughlin stated that criteria have been met, and that
staff recommends awarding the grant funds.
Councilor Laws noted his concern that several points appear not to have been met at the present. Concerned that the
project will not necessarily move forward once funding is attained, and stated that he would like to keep to the
deadlines. Would like to ensure that the first four items on the list are completed before releasing funds.
McLaughlin noted that a building permit had been obtained, and would only need to be renewed. Stated that they
have approved planning and structural designs, and that they have a secured contract with a builder.
Councilor DeBoer declared a conflict of interest and stated that he would not participate in discussion and would
abstain from voting.
Councilor Hagen confirmed that an address had not been designated for this site.
Councilor Wheeldon confirmed that CDBG funding will become unavailable for this project as of June 30th, 1999.
Steve Groveman of Community Works noted that they have been working with contractor S&B James, and are on
schedule to begin construction this month. Stated that they are currently working on details of the contract, but they
already have letters of intent. Construction will begin near the end of July, 1998. Councilor Laws questioned if
there is any doubt about having the Teen Center and at least minimal office space in use before needing more
money. Steve stated that there was no doubt, and emphasized that the goal was to complete whole project.
Councilor Hagen/Wheeldon m/s to approve CDBG funding for the Community Works Family Resource
Center. Voice vote, All AYES, with Councilor DeBoer abstaining. Motion passed.
2. Governor Kitzhaber's appointment of Robbin Pearce to State Landscape Contractor's Board.
McLaughlin noted that this item was provided to the Council for infornmtional purposes.
3. Council Meeting Look Ahead.
City Administrator Mike Freeman noted that this item was provided to the Council for information purposes.
Councilor Hagen inquired as to whether any contacts had been made concerning the Jackson to Crowson right-of-
way. Freeman indicated that no contacts had been made.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. First reading by title only of"An Ordinance Approving the Transfer of the Cable Communication
Franchise from TCI Cablevision of Oregon, inc. to Falcon Cable Systems Company ll, L.P."
Councilors Hauck/Laws m/s to move the ordinance to a second reading. Roll call vote: Laws, Hauck, Hagen,
Wheeldon, and DeBoer, All YES. Motion passed.
First reading of "An Ordinance Repealing Merchant Police Regulations, Chapter 6.12 of the
Ashland Municipal Code, in Order to Comply with State Law."
City Attorney Paul Nolte explained that the state is now the sole licensing authority for private investigators and
security providers.
Councilors Hauck/Wheeldon m/s to move the ordinance to a second reading. Roll call vote: Wheeldon,
Laws, DeBoer, Hagen, and Hauck: YES. Motion passed.
City Council Meeting 07-07-98 7
OTHER BUSINESS FROM COUNCIL MEMBERS
Councilor Laws questioned whether it would be possible to have a recurring item on the agenda for the Associated
Students of Southern Oregon University (ASSOU). It was decided that having ASSOU representatives speak under
the Public Forum was acceptable.
Councilors and viewers were reminded that a special City Council study session has been scheduled for Wednesday,
July 8, 1998 at 12:30 p.m. in Council Chambers to discuss The Ashland Fiber Network and Tolman Creek Road
traffic issues.
ADJOURNMENT
The meeting was adjourned at 8:47 p.m.
Barbara Christensen, City Recorder
Catherine M. Shaw, Mayor
City Council Meeting 07-07-98 8