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HomeMy WebLinkAbout1998-0721.REG.MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL July 21, 1998 CALL TO ORDER Mayor Shaw called the meeting to order at 7:00 p.m., in the Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hauck, Wheeldon and DeBoer were present. Councilor Hagen was absent. APPROVAL OF MINUTES Mayor Shaw noted the need for an addition on page 6 of the July 7, 1998 minutes. In the bold paragraph of Council discussion following Councilor Laws motion, the portion which reads "Mayor Shaw stated that she feels Council could delineate a condition #22 with one-way streets andpaving for both, with the cost either left up to the developer or to an LID. Another option would be bor the Council to propose an LID," should continue '[for all unpaved streets below the development" Councilor Wheeldon questioned whether the minutes were correct in indicating that ASSOU speakers would continue to speak under the Public Forum. It was agreed that they would continue to speak under the Public Forum, with the possibility of more formal presentations being scheduled as necessary. The minutes of the regular meeting of July 7, 1998 were approved as amended. Mayor Shaw announced that there would be a brief executive session of the City Council held immediately following the regular meeting, pursuant to ORS 192.660 section I, subsection E, dealing with real estate negotiations. SPECIAL PRESENTATIONS & AWARDS 1. City Administrator's update on Council Goals. City Administrator Mike Freeman explained that this report represented a proposed new format with updates on progress toward each of the Council goals, and briefly outlined each item for the Council. GOAL//l: With regard to securing new facilities for the Fire Department, Freeman noted that a Portland-area site consultant had been retained, and that the 1996 space needs study had been updated and provided to the consultant. Stated that the plan is to acquire necessary property by June of 1999 and begin construction in July of 1999. Explained that which station will be demolished first is still under consideration. Councilor Reid asked for confirmation that City staff had met with property owners around both stations. Freeman confirmed that they had. Freeman suggested that the designation of the main station be left up to the Fire Chief. Councilor Reid said that if this were a financial issue, the Fire Chief would need to meet with the Council and the determination would be a City Council policy decision. GOAL//2: In looking at initiating a City-wide strategic planning process, Freeman explained that a Citizen Survey was planned for September, 1998. Stated that the September City Council study session would include a discussion of the feasibility of conducting focus groups. Also cited the possibility of holding community forums in the fall. Stated that this would lead to an eventual community vision statement that ties in to the various City plans. GOAL #3: Noted that the Ad Hoc LID Committee had been convened, and a report with their recommendations had been prepared for presentation to Council at tomorrow's study session. City Council Meeting 07-21-98 1 GOAL #4: Freeman explained several measures which are underway to encourage alternative modes of transportation. Noted that the Central Ashland Bikeway (CAB) is under construction with completion scheduled for the fall of 1998. Sidewalk and trail construction is also under way, and the City is pursuing a right of way from Railtex to extend the CAB. Also noted that staff had concurred that the "lineal parks" concept was appropriate, meaning that the City could use open space dollars to connect existing parks using lineal trails. Noted that Council would be presented with design options in the fall. Discussed RVTD service levels, noting the addition of a new East Main route in July. Also noted that there would be meetings with ODOT concerning the Siskiyou bike lane projects, with a report to Council to follow. GOAL #5: In looking at the development of a long-range plan for flood plain and riparian areas, Freeman noted that staff would review the OTAK Ashland Creek Flood Restoration Project report and develop a list of issues to be addressed by an overall plan. A planning process would be initiated this winter, with a multi-year plan to deal with the issues in place by the summer of 1999. GOAL #6: Freeman discussed the process of seeking a long-range, comprehensive solution for water needs. Explained that a consultant had been hired, and a list of issues to be addressed had been prepared. Stated that alternatives are currently being identified, and will be presented to Council in August, with adoption of a preferred alternative planned for September 1998. Councilor Wheeldon asked that the Councilors have input on the Citizen Surveys before they go to the public. Freeman stated that Council would have input, and noted that staff would provide samples and suggestions for Council consideration. Councilor Reid suggested that the last Citizen Survey be used as a base. Freeman confirmed that it would. Councilor DeBoer requested that he be included in the meetings with ODOT dealing with the Siskiyou bike lanes. Freeman noted that both Councilors DeBoer and Hagen were to be included in these meetings. 2. Update and implementation of the Valdez Principles. Administrative Services Director Richard Wanderscheid briefly noted the history of the City's adoption of the Valdez Principles and of this update. Explained that he had presented the first annual assessment last July, and that this report built on that original. Noted that this year, he had specifically asked each department for a list of their initiatives in implementation of the Valdez Principles. Stated that the City's progress in this area has been good. Cited the Ashland Watershed Partnership, which was formed after the flood in 1997 to utilize local expertise to find solutions, as an example of the City's efforts. Noted that over the last year, the City has been successful as an active member of the Partnership and has built trust through an active partnership. Also emphasized that the addition of Paula Brown as Public Works Director/City Engineer has helped the City both in its role in the Ashland Watershed Partnership and through Brown's efforts in Public Works. Wanderscheid concluded by noting that following these principles is an on-going process, and emphasizing that there is more work to be done. CONSENT AGENDA 1. Minutes of Boards, Commissions and Committees. 2. Monthly Building Activity reports for April, May and June. 3. Authorization for Council to direct City Administrator to negotiate and sign contract with the lowest responsible bidder for Waste Water Treatment Plant on-site facilities. City Council Meeting 07-21-98 2 With regard to item #3, City Administrator Mike Freeman noted that a preliminary bid protest was received from one of the other bidders who wishes to contest the bidding process, and the staff is in the process of looking into this matter. Stated that it does not appear that the charges brought forth in the protest are significant. Explained that the Oregon Department of Environmental Quality (ODEQ) is looking into the bid process that was conducted. City Attorney Paul Nolte stated that this will not slow down the process if the Council continues on its present course. Explained that going back for bids or waiting for results of litigation were also options. Stated that information is being sent to the ODEQ because the City was seeking funding from the ODEQ Clean Water Revolving Fund. Emphasized that they are hoping for a ruling from ODEQ within two weeks, and that the low bidder is aware of the preliminary bid protest. Mayor Shaw noted a correction to the minutes for the July 8th study session included with item #1. On page 5, the last sentence of the fourth paragraph should read, "Lovrovich noted that an accurate comparison of systems requires detailed design information on the systems, and general information such as a '750 mhz system'provides no substantive data for comparison of the Falcon/TCl svstem." Councilors Reid/Wheeldon m/s to accept the consent agenda. Voice vote: All AYES. Motion passed. PUBLIC HEARINGS 1. Public hearing for the purpose of taking comments on City's draft findings for an exemption from competitive bidding for fuel tank replacement project. Explained that through a clerical error this item was not originally included on the agenda, but emphasized that the public hearing had been noticed properly. Public Works Director Paula Brown spoke briefly to explain that the consultant hired for the plan is qualified to complete the project, and that completion is required by a December 1st. Noted that no competing bidders had come forward at the hearing, and staff would like to put this project on the fast track to completion. City Administrator Mike Freeman noted that the preliminary designs were good, and came about through a competitive bidding process. Also stated that through exemption from the competitive process and staff cooperation with the consultant, the City expects savings of approximately $28,000. Public hearing open at 7:25 p.m. No speakers came forward. Public hearing closed at 7:25 p.m. PUBLIC FORUM John Huskey/173 Alder Lane/Director of Communications for the Associated Students of Southern Oregon University (ASSOU)/Inquired as to the timeline for submitting items to be included on the agenda. Also noted that SOU would be sponsoring a Candidates Fair on October 22nd, and that all those running for city office would be welcome to participate. Mayor Shaw noted that the City Recorder could provide a list of those who have filed for city offices, and the Jackson County Clerk could provide information on open county offices. Huskey stated that he was working on a report to be presented to Council, and thanked the Councilors for allowing his participation. UNFINISHED BUSINESS None. City Council Meeting 07-21-98 3 NEW AND MISCELLANEOUS BUSINESS 1. Council Meeting Look Ahead. Informational item for Council. Noted that for item #16, "Consideration of Changes to LID's", the public hearing should be scheduled for August 18th, not August 19th as indicated on the Look Ahead. A resolution would then be brought back to Council on September l~t, as indicated. 2. Discussion regarding Liberty Street. City Administrator Mike Freeman noted that this action was brought about by a letter from the Alstons. Confirmed the location of the proposed local improvement district at the top of Liberty Street, near Waterline Road. Explained that under an old agreement with the City, recorded on the titles of the properties in question, properties were not required to pay for improvements up front, but there was a commitment to pay for improvements when they occurred. This was due to the fact that development in the area was expected to be very light, and street improvements might not be necessary. Noted that while the agreements to pay costs at the time of improvements were in place, no mechanism was created or put in place to accommodate the eventual cost of paving. Stated that the only way the City is aware of to have the homeowners pay for the improvements is through the LID process. Freeman discussed several options that had been considered: 1) The City could assist in paying for improvements by designating a portion of the property as open space. This was ruled out, however, as none of the property was anticipated to be purchased for open space needs. 2) The City could pave the street. This was ruled out as it is inconsistent with policy. 3) The City could rule that the street not be paved, but this was ruled out as it violates existing Council policy. 4) Council could direct staff to look into a policy change away from requiring paving. 5) City could also decide not to require the extension of Waterline Road, but this would conflict with the City's Transportation Plan. Noted that Community Development feels that the Waterline Road extension is an important connection. Freeman stated that staff felt that satisfying property owners and honoring the City's previous commitment to pave through an LID was the best option. Stated that staff would like Council input. Mayor Shaw noted that the staff recommendation should be to set a date for a public hearing. City Attorney Paul Nolte confirmed staff would prepare a resolution and schedule a hearing. Mayor Shaw noted there would be ample opportunity for public input at that hearing. Councilor Laws noted on the map that the proposal would have Waterline Road connecting to Ivy Lane, and explained that the portion under discussion would only be to the line of Park Estates, near the Morton Street intersection. Noted that it was in each property's deed to pay for improvements when the area was developed. Emphasized that the question is how to go about initiating the improvements and have area residents pay as required in the agreements. Opened to public comment at 7:38 p.m. Noreen Ackerman/852 Morton Street/Explained that her driveway exits onto the road to be paved. She is opposed to paving due to increased traffic. gtated that it is a tree-lined area, and she would like it to remain quiet. The street is active now, and there is no need for paving. Also stated that it would be dangerous when paved if it were icy. Dave Williams/1023 Morton Street/Park Estates Homeowners Association President/Stated that the Homeowners Association had voted unanimously to object in every possible way. They recognizes the existence of the original agreement, but question what triggers development and requires them to pay for improvements. They are not clear about what should trigger the City to move forward. Stated that they are concerned that they are indefinitely hostaged to the Alstons' decision to develop. Noted that Waterline Road residents are also opposed. City Council Meeting 07-21-98 4 Suggested that the extension of Liberty Street would be a better means to provide access, as proposed by Mr. Alston in communications with the City in 1988. Charles Booth/950 Morton Street/Park Estates Homeowners Association Director/Stated that Park Estates consists of 67 units. Pavement is not needed for access, and it would provide no benefit at a great expense to the area properties. Feels that they are being asked to put up money now for the profit of a single individual. Ed Henke/769 Lisa Lane/Feels that this issue came up suddenly, with no forewarning by the City. He only became aware of this meeting when he saw it announced in the Ashland Daily Tidings. Stated that there is no room in a free enterprise system for homeowners being forced to subsidize development. Emphasized that this is a recreational area for many citizens, and development will not benefit them. Expressed his concerns about the possibility of fire and the cost of infrastructure, and stated that all in all, this is not a good decision. Emphasized that he is not anti-development, but he does not want to be forced to subsidize it. Mayor Shaw explained that this was not a public hearing per se, but that it was the time when one would be set if Council chose to do so. Noted a brief history of the issues involved, and explained that the Council is somewhat outspoken on paving due to issues of maintenance, run-off, traffic flow as discussed in the Transportation Plan and providing access for emergency vehicles. Also noted the unique nature of this situation in that the area was partially developed with no paving, which creates the potential conflict due to the possibility of new development requiring paving. Bob & Mary Anne Alston/831Liberty Street/Stated that Waterline Road is dedicated up to his property line, and that Liberty Street is not dedicated and thus is not a viable option. Noted that in 1983 his wife was on the Planning Commission, and she has copies of the minutes from the meetings dealing with this issue. Explained that development required paving to the property, but at the time Planning Director John Fregonese asked that this paving be foregone because they did not know when the development would occur. Alston stated that he has allowed public enjoyment of this property for fifteen years. Emphasized that there was a promise that if he would forego paving at the time, it would be paved at the time of development. While he does not want to develop the property, he cannot sell it until this issue has been resolved. Noted that Fregonese had justified the decision not to pave because it was inappropriate to improve the street at that time if it would deteriorate from lack of use. Alston explained that this was a correct assumption, and noted that the road had been completely washed out in 1997. Concluded that at the time, the agreement was that 100% of the property owners in the development would be in favor of and responsible for the improvements, which makes it different from an LID in that there is to be total compliance. This was the only reason for his agreeing to forego paving at Fregonese's request. Also noted that those who purchased property in Park Estates paid less for their lots as paving was not required. Closed to public comment at 7:55 p.m. City Attorney Paul Nolte explained that the obligation to pay assessments for the Waterline Road improvements appears as an encumbrance on every deed in the development. This has been recorded with the County, and was shown on the title reports at the time of purchase. Also noted that this agreement was included as part of the subdivision covenant. Councilor DeBoer noted that Waterline Road exists to the east and to the west of the area under discussion. Mayor Shaw said that this item only involved the portion between Morton Street and the Alston property. Councilor DeBoer expressed his concerns over the condition of the retaining wall which is caving in on Waterline Road. Council discussion of concerns over the creation of a street plug/dead end, especially as it would relate to emergency vehicle access. City Council Meeting 07-21-98 5 Councilor Laws suggested looking into the possibility of creating a contingent LID to allow sale of the property now and then provide for paving when development occurs. Councilor Reid noted that in one neighborhood, the neighbors had chosen to take responsibility for paving, with City acceptance upon completion. Suggested that if Council decided this was an obligation of all deedholders, they could be given the opportunity to look into paving outside of the LID process. Mayor Shaw clarified that Council could declare responsibility and provide for a homeowners association decision by a date certain to either use the LID process or pave by themselves. Councilor Reid suggested that they should be given the time to look into options. City Attorney Nolte noted that in the past, the City has taken over streets when they are brought up to City standards. Mayor Shaw emphasized the need to indicate a date certain for a decision to release the Alstons from limbo. Councilor Reid stated that an obligation exists and the deeds are now encumbered, and there should be a neighborhood process now. Discussion of whether this issue should be tabled now to allow the homeowners time to make a decision, or whether a motion was needed at this time. Mayor Shaw suggested a motion referring the item back to the homeowners. Councilor Laws noted that under the current LID ordinance, if the City initiates an LID and % of the involved property owners remonstrate against its formation, it would delay the start of the project by six months. Mayor Shaw questioned whether the deed encumbrance represents a signed in favor agreement. Nolte confirmed that there are signed in favor agreements as well as the subdivision covenant, but that there is no limit in the agreements to prevent remonstrance so the homeowners could delay the project's start for six months. Councilor Wheeldon stated that the agreement should be honored and action should move ahead. If there will be a delay of six months, it should be brought forward now to get things underway. Councilor Reid clarified that the present problem was created by the original exemption from paving. Emphasized that she does not want to hold things up for the Alstons, but would like to give the neighbors the option of looking into paving themselves. Council discussion of the scheduling of a public hearing, which would allow the neighbors to present their preferred alternative at that time. Also discussed the feasibility of paving the other side of Waterline Road. Councilor Laws/Wheeldon m/s to bring back a resolution to the August 4th Council meeting to set a public hearing establishing a local improvement district (LID) for the improvement of Waterline Road from Morton Street to its connection with the Alston property. Discussion: City Attorney Nolte explained the need for a resolution listing the properties affected and the dollar amounts for assessments against each property, with a resolution possible at the August 4th meeting and a public hearing on September 15th. Councilor Laws emphasized that this is not development, but rather the City's dealing with a deferred obligation. Councilor DeBoer stated that he would rather see a development proposal from the Alstons prior to voting in favor of this motion. Roll call vote: Laws, Reid, Hauck, and Wheeldon, YES. DeBoer, NO. Motion passed 4-1. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second 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 II, L.P." Councilors Hauck/Wheeldon m/s to adopt Ordinance #2823. Roll call vote: Hauck, DeBoer, Laws, Wheeldon, and Reid, All YES. Motion passed. City Council Meeting 07-21-98 6 Second reading by title only of "An Ordinance Repealing Merchant Police Regulations, Chapter 6.12 of the Ashland Municipal Code, in Order to Comply with State Law." Councilors Wheeldon/DeBoer m/s to adopt Ordinance #2824. Roll call vote: DeBoer, Wheeldon, Laws, Reid, and Hauck: YES. Motion passed. First reading by title only of "An Ordinance Adopting New Downtown Design Standards, Amending the Land Use Ordinance, and Adopting a Downtown Design Standards Zone." Councilors Hauck/Wheeldon m/s to move the ordinance to a second reading. Roll call vote: Wheeidon, Reid, Laws, and Hauck, YES. DeBoer, NO. Motion passed 4-1. 4. First reading by title only of "An Ordinance Amending the Fire Prevention Code, Chapter 15.28 of the Ashland Municipal Code, by Incorporating the Provisions of the 1998 Edition of the Oregon Uniform Fire Code." City Attorney Paul Nolte noted the need to address some language difficulties, which he emphasized were not major. Suggested removing this item from the agenda, and placing it on the August 4th agenda. Mayor Shaw agreed that this item would be moved to the next meeting's agenda. Councilor DeBoer noted that the addition of the appendices increases some problems in the code. Stated that this would require the buyer of the Mark Antony Hotel to provide sprinklers in each room, and he would like to encourage the buyer rather than hindering the possibility of their financial success. Councilor DeBoer requested that the Fire Chief be present at the next meeting for Council discussion of this matter. Councilor Wheeldon concurred that she would like the Fire Chief to be present. 5. First reading by title only of "An Ordinance Revising the Ashland Municipal Code to Delete References to the Ashland Community Hospital." Mayor Shaw questioned whether section 2.28.040, in the first sentence, should read Parks Department rather than Park Department. Nolte stated it had been left as Park Department for consistency with other sections of the code, but could be changed if the Council so desired.. Councilors Hauck/Wheeldon m/s to move the ordinance to a second reading. Roll call vote: Hauck, Wheeldon, Reid, DeBoer, and Laws: YES. Motion Passed. 6o Reading by title only of "A Resolution for Exemption of Competitive Bids for Fuel Tank Replacement Project." Councilors Reid/DeBoer m/s to adopt Resolution #98-14. Council discussion of the legality of exempting contracts from competitive bidding. City Attorney Nolte explained that as the local contract review board, the Council had adopted rules. Stated that over 90% of all contracts fall under these rules or the bid process. Roll call vote: Laws, Reid, Hauck, Wheeldon, and DeBoer: YES. Motion Passed. OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Reid stated that she liked the "Getting Around Ashland" brochure, and stated that she would like to receive these to distribute as a lodging business owner. Mayor Shaw noted that she and Municipal Court Judge Drescher had been looking for a way to explain parking in response to the many letters received on this issue, and she likes the proactive nature of the brochure. Councilor Laws suggested that street names be included for all streets on the map. Freeman noted that a brochure of this nature had been suggested in the Downtown Plan. City Council Meeting 07-21-98 7 Councilors and viewers were reminded that there was a City Council study session scheduled for Wednesday, July 22, 1998 at 12:30 p.m. in Council Chambers to discuss public information, the Communication/Marketing Plan, and the LID Committee Report. ADJOURNMENT The meeting was adjourned to an executive session at 8:25 p.m. Barbara Christensen, City Recorder C rao e Whl ee~son 8 City Council Meeting 07-21-98