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HomeMy WebLinkAbout1998-1020.REG.MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL October 20, ! 998 PLEDGE OF ALLEGIANCE Mayor Shaw called the meeting to order at 7:00 p.m., in the Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Wheeldon, and DeBoer were present. Councilor Hauck was absent. (Mayor Shaw spoke briefly about her absence at the last meeting due to her father's passing away, and thanked the Council and the citizens for their understanding during this difficult time.) APPROVAL OF MINUTES The minutes of the regular meeting and executive session of October 6th, 1998 were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Update and presentation by the Rogue Valley Transportation District (RVTD). RVTD representatives Scott Chancey and Julie Brown explained the services provided by RVTD in Ashland, bus ridership, and the discontinuation of the Southern Oregon University (SOU) student ridership program. Chancey explained the routes, frequency, hours, days, and fares involved both inside and outside of Ashland. Stated that current ridership for the two routes within Ashland is approximately 45,036 trips, and the route connecting to Medford has a ridership of 275,928 trips. 161,020 trips begin and end within the City. Noted that the City currently contributes $100,000 to RVTD to support 15-minute service between the plaza and the University and to keep fares at 25¢. Explained that negotiations with SOU over the student ridership program had broken down and the program ended in September. Emphasized that RVTD's offer to the University still stands, and would provide SOU students with free fares anywhere in RVTD's service area. Councilor Wheeldon questioned how long the City's $100,000 subsidy would ensure the current levels of service. Chancey indicated this applied for the current year, and RVTD would seek an increase next year. Explained that this was partly due to the $90,000 cost which must be absorbed by RVTD to provide services that comply with the Americans with Disabilities Act (ADA) mandates as applied within Ashland. Emphasized that there are no federal funds for this program, and that the state provides only $115,000 to support ADA-compliant services district-wide. Stated that the district-wide cost is $600,000. Noted that RVTD receives two forms of federal funding to provide bus service, one for urban areas and the other for rural. The rural funding applies to Ashland, as well as Phoenix and Talent, and brings in $113,500. Confirmed that no other City in the Rogue Valley subsidizes bus service, but noted that a 2-year CMAQ grant in Medford provides high frequency bus routes. Councilor Wheeldon suggested that the Council needs to be given an idea of projected increases in order to plan during the budget process. Chancey indicated that the costs of service will not increase, but that the Valley Lift para-transit services required by ADA have seen significant increases in cost. In response to inquiries from Councilor Reid, Chancey noted that there are 234 individuals registered to use the Valley Lift program in Ashland. Explained that trips in Ashland can cost RVTD up to $8 each, and those that continue outside of Ashland can cost as much as $30. Emphasized that under ADA, RVTD is legally allowed to recover only twice the regular fare from the passenger, which means that they only receive 50¢ to pay for such trips in Ashland. Councilor DeBoer questioned if the City's subsidy would decrease if the upcoming ballot measure to fund bus service were passed by the voters. Chancey stated that this would be discussed, and that it might allow for some increase in services. Mayor Shaw suggested that this be discussed prior to election day. ci,ty Council Meeting 10-20-98 1 Mayor Shaw questioned how the City subsidy relates to the lower fares, when the cost of running the bus does not change with ridership. Councilor Laws noted that the original $50,000 subsidy was based on the actual costs to provide service. When the subsidy doubled, costs were not analyzed. Suggested that RVTD has greatly reduced their administrative staff to reduce costs, and suggested that City staff should help in determining actual costs of service to Ashland. Emphasized that these costs may in fact be more than $100,000. Mayor Shaw suggested that the original $50,000 subsidy was to provide free ridership, and that the Transportation Plan Advisory Commission chose 25¢ fares because it was believed that the service would have a greater perceived value if there was some cost. Emphasized that she understands the subsidy pays for increased service and ridership, but stated that the subsidy should not affect the fare. Chancey suggested that RVTD would have to look at farebox revenues if the program were not in place. Mayor Shaw questioned the costs of ADA-compliant service as being only the difference between twice the reduced Ashland fare and twice the regular district fare, not the full per trip cost of this service. Emphasized that as set forth in ADA, RVTD cannot expect to recover the full per trip cost. Councilor Laws noted this is an unfunded federal mandate. Chancey explained that there are costs associated with providing service beyond that currently covered by the subsidy. Mayor Shaw emphasized that the numbers being presented by RVTD were inconsistent, and suggested that they need to make consistent, verifiable figures available for a presentation of this nature. Councilor Reid noted concerns about ridership declining with the ending of the SOU program, and emphasized that the City and the University are really one community. Suggested that this be kept in mind in future negotiations. Councilor Wheeldon noted that the City has been casual about actual program costs in the past, and suggested that the Council be more aware in the future. Emphasized that she would like to see figures corresponding to the services to be provided. City Administrator Mike Freeman noted that he and Councilor Laws had met with RVTD staff, and that RVTD will be working with the City to better define the benefits and services received for the City's subsidy of the bus service. In addition, the City is working with SOU to try and help negotiate an agreement with RVTD for the student ridership program which lapsed. 2. Mayor's Proclamation declaring October 23 through 31 as "Red Ribbon Week." Mayor Shaw read the proclamation in its entirety. 3. Mayor's Proclamation declaring October 25 through 31 as "World Population Awareness Week." Mayor Shaw read the proclamation in its entirety. CONSENT AGENDA I. Minutes of Boards, Commissions and Committees. 2. Monthly Departmental Reports. 3. Confirmation of Mayor's appointment of Dale Shostrom to Building Appeals Board for a term to expire December 31, 1998. Councilors Wheeldon/Laws m/s to accept the consent agenda. Voice vote: All AYES. Motion passed. PUBLIC HEARINGS I. Public Hearing regarding Street Design Standards. Director of Community Development John McLaughlin noted that the adoption of street standards is part of the Comprehensive Plan, and explained that staff has been working to prepare these standards for the past year. Associate Planner Maria Harris presented a slide show explaining the street standards proposal. Discussed the standards for various street classifications, with cross-section views to illustrate the required elements. It was noted that the Tree Commission has recommended an increase in planting strips to at least seven feet. cit3 Council Meeting 10-20-98 2 Presented a video illustrating various street types and widths within the City, and discussed similar street standards that are in use around the state and nationwide. Emphasized that standards call for twenty foot streets in Portland, McMinnville and Forest Grove. McLaughlin noted that the Planning Commission recommends that the Council not adopt a twenty foot minimum option, but rather choose a twenty two foot minimum with parking on one side. Harris noted the similar standards are present in the North Mountain Neighborhood plan, and emphasized that "queuing" streets encourage more cautious driving. Noted examples in the Fordyce Street area, on Kirk Lane and Mill Pond Road, in one of the most dense areas in the City at the busiest parking time, and on-street parking was still infrequent and the need to queue unlikely. Harris noted that emergency vehicle access has been addressed, and showed photos from Portland illustrating that twenty foot streets are adequate for fire trucks. Noted that when accidents occur, pedestrian survival rates are 95% in 20 mph zones. Emphasized the effect of traffic on livability. McLaughlin requested Council approval of the proposed standards and asked that staff be directed to implement necessary amendments to the municipal code, to include the changes recommended by the Planning Commission. Discussion of whether the proposed standards had enough flexibility to accommodate conditions around existing unpaved streets in neighborhoods. McLaughlin stated that the purpose here is to set a standard, but that variances would be available. Indicated that there are always situations that are exceptions to the rule, but that it would be difficult to have a street with less than a twenty two foot width under these standards. City Attorney Paul Nolte noted that there would likely be few appeals, as there have been few in the past and the variance standards have been lessened to make granting variances easier. With regard to existing unpaved streets, McLaughlin stated that the first course of action would be for staff to try to obtain additional right of way to meet the minimum standards, but noted that there would be a greater likelihood of granting a variance for an existing street. City Administrator Mike Freeman brought up Almond Street as an example. McLaughlin confirmed that granting a variance would be likely in this case. Emphasized that the where twenty foot standards have been used there have been no problems. Councilor Laws stated that based on Fire Department presentations to the Traffic Safety Commission, a fire truck with its extenders out is not sufficiently accommodated by a twenty foot street. Councilor Reid indicated that she liked the presentation, and would like move forward. Emphasized that she could accept a twenty two foot standard, but would like to ensure that there was flexibility in the language to allow for topographic circumstances. Mayor Shaw noted that there are areas within the proposed standards which address existing trees, grade, and other such factors. McLaughlin reiterated this point, noted that page 40 in the proposed standards mentions opportunities for variance because of trees, grade, and topography. Mayor Shaw questioned whether the proposal could be changed to indicate property owner responsibility for park row landscaping maintenance. McLaughlin stated that this is handled through Code Compliance, and is addressed elsewhere in the code. Public hearing opened at 8:25 p.m. Catherine Carey/527 Walnut Street/Supports alternative transportation, and approves of pedestrian and bicycle- friendly streets, but would like there to be the possibility of exceptions for existing streets. Stated that if Walnut Street were paved to twenty feet, with sidewalk and other standard features, thirty mature trees would be lost between Luna Vista and Wiley Streets alone. Explained that her property was purchased twenty eight years ago and trees were planted at that time. If paving occurred to a twenty foot standard, trees would be lost and existing driveways would be made inaccessible. Urged that there needs to be a provision for exceptions in these standards. Rick Landt/468 Helman Street/Distributed a prepared statement which was read into the record by Mayor Shaw. Wes Chapman/125 Almond Street/Noted that like Catherine Carey, his street has similar circumstances and would require retaining walls and the loss of existing shrubs and trees if paved to the proposed standards. Emphasized that cid, Council Meeting 10-20-98 3 he has had a good working relationship with the City, but stated that if Almond Street were paved to a twenty two foot standard it would not fit. Concurred with Catherine Carey that flexibility and cooperation need to be part of the street standards. Public hearing closed at 8:34 p.m. Councilor Reid recognized need for a guideline, but suggested that flexibility would be better for the community due to the unique circumstances that exist in neighborhoods around the City. McLaughlin stated that the proposed street standards allow for this flexibility, as noted on page 40, where exceptions for preserving natural features are specifically allowed. Explained that these circumstances would not be considered variances, as they would allow for the modification of features. McLaughlin confirmed for Councilor Reid that these exceptions do not address flexibility as much for street width as for other pans of the proposed standards. McLaughlin also noted that standards will be applied more strictly for new development, and will allow for more flexibility for Local Improvement Districts (LIDs) on existing, unpaved streets. Councilor DeBoer stated that language is needed to address existing street circumstances, and expressed concern with park rows in some circumstances as discussed in Rick Landt's statement. Emphasized 22' streets are preferable. McLaughlin stated that the preferable option for staff in the past has been to develop with park rows. Councilor Wheeldon questioned the effectiveness of parking bays in residential neighborhoods. McLaughlin stated that they work, but indicated that straight curbs work better in single family residential areas as they are more efficient and require less paving. Councilor Wheeldon stated that flexibility is needed, and recognized that it is preferable to use as little pavement as possible. Stated that she likes queuing streets, and stated that she would prefer a twenty foot standard. Councilor Laws noted his concerns with park rows in commercial areas, and with strict standards being applied to existing neighborhoods. Emphasized that the standards need to clearly indicate that there is flexibility. Discussion of language that could be used to address street improvements in existing neighborhoods, noting that depending on circumstances there may be a need to go below even the twenty foot minimum. Emphasized the need to have the flexibility to accommodate these circumstances, and also reiterated concerns with park rows, sidewalks, and park row maintenance. Suggested that space may need to be reclaimed from existing streets to accommodate park rows or sidewalks in existing neighborhoods, rather than taking space from yards. McLaughlin stated that park rows could be narrower based on the species of true used and planting techniques in certain situations. Mayor Shaw suggested that larger trees are preferred to provide a canopying effect over streets. Staff was directed to bring back the street standards proposal in ordinance form, with alterations to address the Council's recommendations, to include a twenty two foot street minimum with parking on one side in residential neighborhoods. PUBLIC FORUM Evan Archerd/120 North Second Street/Noted that he is a business owner and also owns a farm. Stated that he is concerned with the effluent and sludge treatment center proposed for the north side of Interstate 5. Briefly explained the history of this issue leading up to the current situation. Stated that the option selected by Council to locate the effluent and sludge treatment center north of the Interstate does not meet three of the four stated goals of the project, and is more expensive than a connection to regional treatment through the Bear Creek Valley Sanitary Authority (BCVSA). Stated that the neighbors living near the site have formed Friends of the Creek and have retained an attorney to appeal this issue to LUBA. Noted that they have requested an environmental impact report. Expressed concerns that the County would likely deny approval of a septic system for a single residence on this site, but has approved the site to treat waste for an entire community. Emphasized that the primary concerns are health, odor and real estate values, and noted that the sight and odor of the facility might make the City less appealing to tourists. Explained that at least t~ur real estate sales have fallen because of this project, and recent court decisions have required governments to pay for reductions in property values resulting from their decisions. Concluded that the project does not meet stated goals, City Council Meeting 10-20-98 4 and is a costly investment in an unproven solution. Emphasized that alternatives are available, and presented a handout listing some possible alternatives. City Attorney Paul Nolte noted that there was no need for Council to respond as these comments were the subject of a law suit and stated that some of the legal assertions being made were false. Jim Elliott/2050 Butler Creek Road/Noted that the neighbors have spoken with the Department of Environmental Quality (DEQ) and the Talent Irrigation District (TID) about the effluent/sludge treatment site and are concerned for the Creek. Noted the alternatives on a handout presented to Council. Suggested that the neighbors would like a proactive, cooperative solution, and are concerned for the safety of Butler Creek. Stated that they would like Council to consider the alternatives presented. Nolte stated that it would not be appropriate to debate the merits of the pending law suit. Explained that comments were appropriate if Council wished to respond to items that were not part of the suit. Suggested that the alternative of piping to the Bear Creek Valley Sanitary Authority (BCVSA) could be discussed. Archerd requested that a study session be held to discuss these matters. Councilor Laws suggested that the alternatives presented be referred to staff for consideration and that staff prepare a report to Council if any of the alternatives appear promising. Mayor Shaw indicated that these items would go to stafl~ and the Council may choose to call hearing or study session at a later date based on staff determinations. Councilor DeBoer noted that the possibility of an agreement with BCVSA appears promising and might merit further consideration. John Huskey/173 Alder Lane/Director of Communications for the Associated Students of Southern Oregon University (ASSOU)/Thanked the Councilors for their help with the RVTD issue. Noted that the University has developed a pilot car pool program, and that individual bus passes have been purchased for students who request them. UNFINISHED BUSINESS None. NEW AND MISCELLANEOUS BUSINESS 1. Council Meeting Look Ahead. City Administrator Mike Freeman noted that because several Councilors and the Mayor would be unable to attend, and there would not be a quorum present, the October 21st study session was canceled. Noted that items to be discussed were time sensitive. Suggested that the strategic planning issue be rescheduled for discussion on November 3rd at 6:00 p.m., and that the water plan be addressed at 12:30 p.m. on October 30th. Confirmed that the executive session for the City Attorney's evaluation was scheduled for November 1Th, and the session to evaluate the City Administrator was scheduled for December l*t. Freeman stated that the Look ahead would be revised to indicate the changes discussed and routed to Council. Councilor Reid indicated that she would be out of town from November 8th through Thanksgiving. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second 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 Reid/Laws m/s to adopt Ordinance #2830. Roll call vote: Wheeldon, Reid, DeBoer, and Laws, YES. Motion passed. 2. Second reading by title only of"An Ordinance Vacating a Portion of Clover Lane on Property Owned by Vernon Ludwig near Interstate 5 and Highway 66." Councilors Wheeldon/DeBoer m/s to adopt Ordinance #2831. Roll call vote: Laws, DeBoer, Reid, and Wheeldon, YES. Motion passed. City Council Meeting 10-20-98 5 3. First reading by title only of "An Ordinance Replacing Chapter 2.22 of the Ashland Municipal Code to Change the Name of the Bicycle Commission to the Bicycle and Pedestrian Commission and to Amend Its Powers and Duties." Councilors Reid/Laws m/s to move the ordinance to a second reading. Roll call vote: DeBoer, Reid, Wheeldon, and Laws, YES. Motion passed. Councilor DeBoer questioned whether section 2.22.030 needed to be corrected to indicate five members need to be present to constitute a quorum. Councilor Laws explained that the decision had been made to set a quorum at four in this case. 4. First reading by title only of"An Ordinance Amending the Telecommunications Title 16 of the Ashland Municipal Code to Add Provisions Regulating Cable Service and to Simplify and Clarify Requirements for Grantees. This item was postponed. OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Wheeldon explained that she had attended the Ashland Parks and Recreation Commission meeting on the 19th, and stated that it had been suggested that City Administrator Mike Freeman and Parks Director Ken Mickelsen should meet, along with a member from the Council and the Parks Commission, to structure a process to look at issues around restoration of Ashland Creek and Calle Guanajuato. Wheeldon went on to explain that consultant Brian McCarthy would be making a presentation in November, and suggested that this preliminary meeting needed to be scheduled to discuss roles and responsibilities. City Administrator Freeman explained that this project has been underway for some time, and because of time constraints the process needs to begin soon. Noted the difficulty based on the diverse parties involved, and stated that he would like the help of the Parks Commission and the Council. Emphasized that this was an opportunity to try a new method to structure this process. Councilor Laws expressed his concerns that any decision need to address the downstream portions of the creek as well, and stated that he was not prepared to make a decision without having downstream information available. Councilor Wheeldon noted that the Parks Commission has retained Paul Fishman, of Fishman Environmental Services, who worked on the OTAK report to look at the downstream portions of the creek. Councilor Laws stated that he wanted to see a report from Public Works Director Paula Brown, and it was explained that Brown would be presenting this report at the study session on Friday, November 20th. Councilor Reid stated that all members of both bodies need to be invited to either meeting, even if attendance is to be voluntary. Councilor Wheeldon emphasized that the initial meeting would not be a decision making session, and would merely be to set up the process. Stated that no decision would be made on this issue until early next year. ADJOURNMENT The meeting was adjourned at 9:30 p.m. Barbara Christensen, City Recorder Catherine M. Shaw, Mayor Cid Council Meeting 10-20-98 6