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HomeMy WebLinkAbout1998-1006.REG.MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL October 6, 1998 PLEDGE OF ALLEGIANCE Council Chairperson Wheeldon called the meeting to order at 7:05 p.m., in the Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hauck, Wheeldon, and DeBoer were present. Mayor Shaw was absent. Chairperson Wheeldon noted that the Mayor's absence is due to a family crisis. Chairperson Wheeldon also noted her appreciation for all of the expressions of support from the Council and the community since Councilor Ken Hagen passed away on September 21~. APPROVAL OF MINUTES The minutes of the regular meeting and executive session of September 15, 1998 were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Update on the Proposed Regional Modernization Projects for the 2000-2003 Oregon State Transportation Improvement Plan (STIP). Public Works Director Paula Brown provided an update on the State Transportation Improvement Plan (STIP) projects. Noted that RVACT is now making recommendations to the Oregon Department of Transportation (ODOT), and explained that the proposal would bring close to $19 million to the region over the four year period. Brown stated that she serves as the staff liaison to the committee making recommendations to RVACT, and pointed out that the Siskiyou bikelane project is still in the running to receive approximately $1.5 million in funding. Explained that she is seeking Council support of the program of projects as a whole, with any changes made by the Metropolitan Planning Organization (MPO). Emphasized that transportation funding is a hot issue in the region, and noted a number of the projects proposed including the Siskiyou bikelane, the south Medford interchange, unit 1 of Highway 238, Highway 62, the Fern Valley Road intersection, two projects in Grants Pass, and Hamrick Road improvements. Explained that this is the recommendation of the Jackson Josephine Transportation Commission (JJTC) and pending their final approval it will go to the RVACT. Chairperson Wheeldon asked Councilor DeBoer if the proposal is a good one for the region. Councilor DeBoer indicated that there are significant needs in the region, noting that the Highway 62 project will cost roughly $30 million, and it is receiving only $2 million. Councilor Laws questioned the chances of getting funding for the bikelane project, and DeBoer indicated that as the proposal is written, chances are 100%. Pointed out that the proposal is written with a jurisdictional exchange so that the City would take over the maintenance of Siskiyou Boulevard from ODOT. Discussion of jurisdictional exchange concerns. Brown noted that funds would be available beginning in 2002, and stated that the City would need to match some funds to complete the project. Explained that there would need to be a discussion of jurisdictional exchange later. Councilor Reid confirmed that this would involve the portion of Siskiyou from Fourth to Walker. Chairperson Wheeldon noted the Transportation System Plan discussions last week, noting that the need for multimodal equity was discussed. Stated that if the City wants this road to remain as it is, it must be willing to take responsibility. Emphasized that Ashland's road character is unique on the west coast in that the state highway is not ciD Council Meeting 10-06-98 1 "strip-developed". Councilor Reid questioned the debt that would be incurred in a jurisdictional exchange. Councilor Hauck suggested that it would be difficult to accomplish anything on Siskiyou if the City did not take over control. Councilor Laws pointed out that the City receives complaints for Siskiyou's maintenance now, and it would be nice to be able to bring it up to standards. Brown noted that discussions with ODOT on a jurisdictional exchange would begin soon. Councilor Laws stated that he is willing to proceed. Brown confirmed for Chairperson Wheeldon that some preliminary designs have already been done on the Siskiyou bikelane project, and that the remaining design costs are included in the proposal. Confirmed that the RVACT meeting will be at 9 a.m. at the ODOT Auditorium, and while they will not be taking public comments, there will be some opportunity to allow for public input. Councilors Hauck/Reid m/s to accept the proposed Regional Modernization Projects for the 2000-2003 Oregon State Transportation Improvement Plan (STIP) and direct staff to draft a letter for the Mayor's signature indicating this acceptance to the RVACT. Voice vote: All AYES. Motion passed. 2. Mayor's Proclamation declaring October 4 - 10, 1998, as "Fire Prevention Week." Chairperson Wheeldon read this proclamation in its entirety. Fire Chief Keith Woodley noted that there were 54 fatalities in Oregon last year due to fires. Explained that the Fire Department will be participating in the "Great Escape" program, and will be giving t-shirts to families who are practicing their escape plans on Wednesday, October 7th, at 7:00 p.m. Also stated that all three local television stations will be on hand to cover this event. 3. Mayor's Proclamation declaring the month of October, 1998, as "Crime Prevention Month in Ashland." Chairperson Wheeldon read this proclamation in its entirety. CONSENT AGENDA 1. Minutes of Boards, Commissions and Committees. 2. Monthly Departmental Reports. 3. Confirmation of Mayor's appointment of Alexander Amarotico to Planning Commission for a term to expire April 30, 2001. 4. Appointment of Mayor Shaw and Councilor Wheeldon as voting delegates to LOC Annual Business Meeting. Councilors Reid/DeBoer m/s to accept the consent agenda. Voice vote: All AYES. Motion passed. PUBLIC HEARINGS 1. Public Hearing regarding Local Improvements for Waterline Road. City Administrator Mike Freeman provided background on this item. Noted that the Alstons had contacted the City about paving, and that they have been meeting with the Planning Department for some time. Stated that staff has been in contact with the Park Estates Homeowners' Association to work on an acceptable compromise. Late last week, staff was informed that the Homeowners would remonstrate if anything other than the "three lot approach" was used, and that approach is not acceptable to the Alston's. In light of this situation, staff recommends that Council direct staff to draft a resolution to be brought back to the April 6, 1999 meeting to order the ~brmation of an LID. Also recommended that the City Recorder be authorized to inform potential buyers and those requesting lien searches of the formation of the LID and the proposed lien amounts. Freeman noted that this recommendation is a change from what was presented to Council in their packets, because the previous recommendation was based on the belief that all parties could reach a satisfactory compromise. Emphasized that the current recommendation would address the needs of all parties, and this option is preferred by staff over the previous recommendation from the packet. Stated that the Alstons are in agreement with this recommendation as well. City Council Meeting 10-06-98 2 Councilor Laws questioned that the previous recommendation was to form and LID and take no action until plans for a development of three or more lots were submitted. Freeman confirmed, and explained that the new recommendation was to trigger the improvements when any building permit was issued. City Attorney Paul Nolte clarified for Councilor Laws that the filing of a remonstrance by the time of the public hearing would start the six month delay, and confirmed that a remonstrance signed by more than 2/aof the Park Estates Homeowners had been filed. Nolte explained that this remonstrance was conditional, and would be in effect if the Council adopts any option other than the three lot condition. Emphasized that the public hearing should be conducted with this conditional remonstrance in mind. Public Hearing Open: 7:38 p.m. Hilary Alston Griffith/6598 Truax Rd./Central Point, OR/Read a prepared statement on behalf of her parents, Robert and Mary Ann Alston. (A copy of this statement is included in the record.) Dave Williams/1023 Morton Street/Park Estates Association, Inc./Thanked staff for their help and patience. Gave a brief background of the situation, noting that the March 1985 agreement had obligated property owners to pay for future curbs, gutters and paving, which were deferred because the City wanted to avoid the expense of maintaining this street until development actually occurred. When this matter came up in July of 1998, the Park Estates Homeowners objected to being obligated to pay for improvements in the absence of development. Pointed out that 42 of 47 property owners have signed the conditional remonstrance which has been filed. Noted that while the property owners are not happy with a prospective $3,600 debt, they were content with the previous three lot draft resolution, which held them responsible for only the curbs, gutters and paving. Emphasized that being required to pay for anything else would be beyond the scope of the previous agreement, and in effect 47 property owners would be required to pay for an expensive driveway to one home. Noted that Park Estates requests the adoption of the draft resolution as distributed in the Council packets with the staff's previous recommendation. Public Hearing Closed: 7:45 p.m. Councilor DeBoer questioned whether some of the cost of paving could be passed on to the residents at the end of the road. Councilor Laws noted that the sub-divider must pay the costs to the edge of the property, regardless of benefit, and explained that this policy had been suspended with this agreement as the likelihood of further development was questionable. The agreement was that it would be paved in the future, if and when development occurred, and the question is not whether the Alston's benefit, but the obligation of property owners in Park Estates. Councilor DeBoer stated that he recognizes this obligation, but recommends charging the Alstons for the costs from the Park Estates open space to their property. Councilor Reid stated that because the development is existing, it previously had the obligation to pay the full cost of improvements to the property line. The developer chose to move this obligation onto the deeds, and was allowed to do so by the City, but as time passes, the cost continues to increase. Emphasized that this situation is not fair, and was a bad decision on the part of the Council that put it off in the past. Council Chairperson Wheeldon noted that the recent discussion of the LID process had included a discussion of citizen concerns over the idea of passing along obligation. Agreed with Councilor Reid that this issue will be relived if it is not addressed now. Councilor Laws stated that a deal is a deal, and the original agreement should be followed. Noted that the homeowners' acceptance of their obligation is admirable. Questioned what should serve as a trigger to the improvements, and noted that it is policy that any development occur on paved streets. Feels that the new recommendation from staff is acceptable. ciw Council Meeting 10-06-98 3 Council discussion of what should trigger the improvements, with discussion of three-lot development versus a single building permit being issued. Councilor DeBoer pointed out that the Council can, at its discretion, place an assessment on the Alston lot as well. City Attorney Nolte confirmed that the Council had this option, but emphasized that the previous agreement is the reason this has not been suggested. Nolte confirmed that the encumbrance on the Park Estates deeds was for curbs, gutters and paving to the boundary of the subdivision. Councilor DeBoer questioned whether costs beyond curbs, gutters and pavings could be assessed to the Alstons. Public Works Director Paula Brown indicated that the Park Estates homeowners are not being assessed costs beyond curbs, gutters, and paving. Councilor Laws inquired as to whether lots developed from the Alston property could be charged based on benefit. Councilor Reid said this discussion would lead to a discussion of SDCs, and urged that the issue of the street that is before Council be dealt with. Councilor DeBoer questioned what happened after the six month suspension, and Nolte confirmed that the item would be dealt with in six months. Stated that the Council at that time would deal with the issue, but that they would be under no obligation to adopt a resolution based on the decision reached tonight. MOTION: Councilors Reid/Laws m/s not to form an LID tonight, but to direct staff to bring back a resolution forming the LID in six months, for adoption on April 6th, with the condition that the LID be formed with no improvements to be made until the issuance of a building permit on the Alston property. DISCUSSION: Nolte confirmed that a motion forming the LID cannot be adopted tonight due to the remonstrance, so this is the only option. Discussion of whether any motion can be made when a remonstrance has been received. Nolte indicated that there is room for debate, but that there is even a potential legal interpretation that would allow adoption tonight. Councilor Reid confirmed for Chairperson Wheeldon that the motion was not intended be conditioned on three lot development, but on the issuance of a single building permit. Stated that the previous recommendation was not an agreement, and emphasized that this issue should be dealt with and corrected now. Suggested that Council accept the remonstrance, set a hearing in six months, and move on. Councilor Reid reiterated that the agreement on a three lot development was not a consensual agreement of all parties, and pointed out that a potential buyer may only want two houses. Emphasized the need to deal with this issue now, rather than having to relive the situation in the future. City Attorney Nolte read from the charter that when a remonstrance is filed "action on any proposed public improvement shall be suspended." Stated that based on this wording, the Council could adopt a resolution as long as no action was taken on the improvements. At a minimum, Council can legally move to take up the issue in six months. Councilor Laws stated that this interpretation was acceptable. City Administrator Freeman noted that the City Recorder also needed to be directed to advise those requesting lien searches of the potential formation of the LID and the proposed lien amounts. ROLL CALL VOTE: Laws, Reid, Hauck, and Wheeldon, YES. DeBoer, NO. Motion passed 4-1. 2. Public Hearing regarding vacation of a portion of Clover Lane. Public Works Director Paula Brown provided background information on this vacation and rededication. Noted that to her knowledge, no calls have been received and no concerns raised about this item. Explained for Chairperson Wheeldon that this is the road between the two gas stations near the interchange, and that it runs parallel to the freeway. Brown confirmed for Councilor Hauck that when development starts, the new street will be done prior to the vacation so that no access is blocked off. City Council Meeting 10-06-98 4 Public Hearing Open: 8:12 p.m. Rob Robertson/835 Alder Creek Dr., Medford/Pacific Western/Representing the proponents of the vacation. Asked for Council's approval, noting that Planning had already approved the proposal. Explained that this involves relocating an unimproved dirt street to make this property more developable. Noted that the Masonic Lodge is re-locating from downtown on the plaza to parcel 3. Explained that Pacific Western owns property to the south, and will grant an easement to the neighbor (Mrs. Vorhiss) and move her utilities through property. Robertson provided a map for Council, noted that the zoning is E-1, and explained that the street width will be fifty three feet, which includes traffic lanes, parking bays, and sidewalks. Public Hearing Closed: 8:16 p.m. Councilors Reid/Hauck m/s to authorize the Mayor and City Recorder to sign the deed. Roll call vote: Laws, Reid, Hauck, DeBoer, and Wheeldon, YES. Motion passed. PUBLIC FORUM Opened to public comments at 8:17 p.m. John Huskey/173 Alder Lane/Director of Communications for the Associated Students of Southern Oregon University (ASSOU)/Noted that the City and Southern Oregon University will be meeting to discuss bus service at 3 p.m. on Wednesday, October 7th in Room 314 at the University. Closed to public cormnents at 8:18 p.m. UNFINISHED BUSINESS None. NEW AND MISCELLANEOUS BUSINESS 1. Council Meeting Look Ahead. Councilor DeBoer questioned item//13, the October 21st study session, and noted that he would be unable to attend. Councilor Hauck noted that in the future, he will be unable to attend daytime study sessions due to employment. Stated that this could be dealt with in the future. Councilor Reid suggested dealing with this issue in Goal Setting. Discussion of shilling study sessions to the hour betbre regular meetings, noting that this would create time constraints to ensure items could be dealt with in a one-hour meeting. Councilor Laws suggested going ahead with the scheduled "Friends of the Library" study session as scheduled, but insisted on rescheduling future sessions around Councilors' schedules. Discussed the possibility of a daytime study session on Friday, or a single evening study session each month that could be scheduled for a 3-4 hour period and be less hurried. Councilor Laws questioned the scheduling of multiple items for each study session, and Freeman noted that if sessions were limited to one item, it would slow the pace of the Council. Councilor Reid stated that while she does not want to exclude those with conflicting schedules, scheduling meetings to satisfy everyone is impossible. Councilor Laws expressed concern that study sessions need to be scheduled in such a way that all members can attend, as the information presented is vital to the role of Councilor. Chairperson Wheeldon stated that Councilors must get their information together and have the opportunity for debate. Also noted that her schedule might preclude daytime meetings in the Spring as well. Discussed keeping the Library study session as scheduled, and considering rescheduling the later meetings. Councilor Reid suggested waiting until a new member is in place before rescheduling. Staff was directed to leave the Library session as scheduled, and reschedule future study sessions to Fridays. City Council Meeting 10-06-98 5 Councilor Reid questioned the listing for the Transportation System Plan. Freeman explained that the public hearing was scheduled Ibr October 20th, and the first reading of the ordinance would be on November 3rd. Councilor Hauck inquired about the remanding of the Hillside Ordinance by the Land Use Board of Appeals (LUBA). Noted that it was upheld with the exception of a few minor, procedural issues. Councilor Reid noted the relationship between the Hillside Ordinance and the Transportation System Plan, and suggested that when the Council deals with the Hillside decision, they look at more than just the minor details. Noted that slope concerns in the Hillside Ordinance eliminate the possibility for accessory units near the University, and suggested that issues of this sort need to be addressed. o Motion authorizing the City Administrator to sign contract for architectural services for the Civic Center and Office Space Remodel Project. Councilors Laws/Reid m/s to authorize the City Administrator to sign contract for architectural services for the Civic Center and Office Space Remodel Project. DISCUSSION: Freeman noted that there are two candidates, and that this authorization would leave the option open for negotiations. Also emphasized that it leaves open the City's options downtown, and that the consultants are aware of this. Voice vote: All AYES. Motion passed. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. First reading by title only of "An Ordinance Amending the Ashland City Band Chapter of the Ashland Municipal Code to Redefine the Band Board and its Duties Including Duties of the Band Director." Councilors Hauck/DeBoer m/s to move the ordinance to a second reading. DISCUSSION: Clarified the intention of the ordinance and discussed the history of the Ashland City Band. Roll call vote: Laws, Reid, Hauck, Wheeldon, and DeBoer, YES. Motion passed. 2. Reading by title only of "A Resolution Authorizing and Ordering the Local Improvements for Waterline Road from Morton Street 500 Feet Easterly for the Waterline Road Local Improvement District and Authorizing Assessment of the Cost of the Improvements against Property to be Benefitted and Providing that Warrants Issued for the Cost of the Improvement be General Obligations of the City of Ashland, and Authorizing the City to Borrow Money and Issue and Sell Notes for the Purpose of Providing Interim Financing for the Actual Cost of the Local Improvement." (Dealt with under Public Hearings) First reading of "An Ordinance Vacating a Portion of Clover Lane on Property Owned by Vernon Ludwig Near Interstate 5 and Highway 66." Councilors Laws/Hauck m/s to move the ordinance to a second reading. Roll call vote: Hauck, Laws, DeBoer, Reid and Wheeldon, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS Councilor DeBoer questioned the scheduling of the recent joint meeting on the Transportation System Plan. Stated that he would like to see better coordination and communication in the scheduling of joint meetings. Councilor Hauck stated that he can no longer represent the City on the Rogue Valley Council of Governments (RVCOG) due to his work schedule. Chairperson Wheeldon noted that the issue of appointing a replacement to represent the City on the RVCOG would be referred to the Mayor. City. Council Meeting 10-06-98 6 Chairperson Wheeldon suggested that Councilors prepare regular reports detailing their regional work, and questioned the best means to accomplish this. Stated that Councilors should call to have reports put onto the agenda when they have information. Discussion of the interest in this information, with the suggestion that it not be routine detail but rather that it be intbrmation that may affect decision making. Councilors and viewers were reminded that a dedication ceremony for the new bike lockers at the City's Lithia Way parking lot will be held on October 7th at 10:00 a.m. Councilors and viewers were reminded of the City Council study session scheduled for Wednesday, October 7th at 1:30 p.m. to discuss the LID Committee Report. Councilors were also reminded that an executive session will be held on Tuesday, October 20 at 6:00 p.m. to discuss the City Administrator's Six-Month Evaluation. ADJOURNMENT The meeting was adjourned to an executive session at 8:45 p.m., to discuss the acquisition of real property pur~ to ORS 192.660(1)(e). ~ City Council Meeting 10-06~98 7