HomeMy WebLinkAbout2006-076 Findings - Nevada St. LID
BEFORE THE ASHLAND CITY COUNCIL
JACKSON COUNTY, OREGON
June 5, 2006
IN THE MATTER OF RESOLUTION SETTING A PUBLIC
HEARING AND ORDERING THE FORMATION OF THE
WEST NEVADA STREET LOCAL IMPROVEMENT
DISTRICT FOR SIDEWALK AND TRAFFIC CALMING
IMPROVEMENTS ON WEST NEVADA STREET FROM
HELMAN STREET WEST TO THE BILLINGS RANCH
SUBDIVISION
APPLICANT: City of Ashland
RECITALS:
)
) FINDINGS.
) CONCLUSIONS
) AND ORDERS
)
)
)
)
)
)
1) On August 3,2004, Council approved Resolution No. 04-30 to set a public
hearing with intent to form a local improvement district for sidewalk and traffic
calming improvements to West Nevada Street.
2) The Nevada Street LID boundary was approved by Council as being all those lots
with frontage on Nevada Street from Helman Street west to the Billings Ranch
Subdivision (53 lots) and all of those lots within the Billings Ranch Subdivision
(72 lots).
3) The Council, following proper public notice held a public hearing on September
7, 2004 at which time a staff presentation was made, citizen testimony received
and exhibits presented. Council approved Resolution No. 04-31 authorizing and
ordering the improvements to Nevada Street consisting of sidewalks, curb
extensions, planter areas, pedestrian safety improvements and drainage and
associated improvements.
Now, therefore, the City Council ofthe City of Ashland finds, concludes and
recommends as follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the following exhibits will be used:
Exhibit 1 - Council Communication dated August 3,2004
Exhibit 2 - Minutes of the August 3,2004 Council meeting
Exhibit 3 - Resolution No. 04-30 setting a public hearing
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Exhibit 4 - Council Communication dated September 7, 2004
Exhibit 5 - Minutes of the September 7, 2004 Council meeting
Exhibit 6 - Resolution No. 04-31 authorizing and ordering the improvement of
Nevada Street under the Nevada Street LID No. 85
SECTION 2. CONCLUSORY FINDINGS REGARDING BOUNDARY DETERMINATION
2.1 The City Council finds that it has received all information necessary to make a
decision based on the Council Communication dated August 3, 2004 and
September 7, 2004, public hearing testimony and the exhibits received.
2.2 The proposed LID is in the best interest of the City. Evidence presented indicated
that average traffic speeds along Nevada were in excess of posted speed limits.
With the anticipated increases in traffic volume resulting from the construction of
the Billings Ranch Subdivision, there would be an increased chance for
pedestrian, vehicular conflict. Nevada Street does not have any sidewalks
between Helman Street and the Billings Ranch Subdivision. The proposed
pedestrian improvement project will be in the City's best interest as it will
provide for improved pedestrian safety by reducing overall vehicular traffic
speeds through traffic calming and providing sidewalks for pedestrian use in an
area along a pedestrian route used by school children where none currently exist.
2.3 The proposed LID boundary included lots fronting on Nevada Street (53
properties) from Helman Street west to and including the new Billings Ranch
Subdivision as depicted on the map attached to Resolution No. 04-30. This
boundary was selected as these 53 properties would be directly benefited by the
improvements along Nevada Street. Helman Street marks the beginning of the
residential district and since sidewalks are already in place between Helman
Street and Oak Street, that block was not considered for inclusion. The Billings
Ranch Subdivision (72 properties) was included as a condition oftheir planning
approval in accordance with the requirements of AMC 18.80.060 B.2. which
reads:
B. Improvements requirements.
Improvements to be installed at the expense of the land divider are as
follows: . . . 2. Exterior unimproved streets. When part of a proposed
subdivision or major land partition abuts an existing unimproved street,
the property owner, or a representative, shall satisfy the minor lands
partition improvements requirements and sign an agreement in favor of
improving said street in the future to full City standards as outlined in
this Section.
The proposed boundary was consistent with other neighborhood sidewalk and
traffic calming LIDs (Helman, Penny/Palmer) as only those properties directly on
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the affected streets or within subdivisions for which participation was required
pursuant to AMC 18.80.060 B.2. were included in the LID boundary area.
There had been some discussion that all of the Quiet Village Neighborhood or at
least all of the homes north of Nevada Street should be included in the LID
boundary as all will be affected by the improvements as most all residents travel
some part of Nevada Street to access their homes. The only LID in recent years
that went beyond the immediate street improvement area was Tolman Creek
Road. Tolman Creek Road is considered a major collector / arterial street and the
improvements were full street improvements (street reconstruction and overlay,
new storm drain system, sidewalks on both sides, traffic calming planters, etc.). In
that case, the boundary was extended to include all homes that directly and
indirectly accessed Tolman Creek Road. This requirement was further reinforced
by the fact that nearly all subdivisions were required to participate in the LID as a
condition of the planning approval pursuant to the requirements of AMC
18.80.060 B.2.
2.4 It was necessary that the Nevada Street Sidewalk and Traffic Calming LID be
formed by Council initiative in accordance with AMC Section 13.20.020.
Although staffhas worked with the neighbors and has received general consensus
for the formation of the LID, actual signed petitions in favor of the LID had not
been collected by staff. However, in August, 2004 Staff sent a letter to each of the
property owners within the LID boundary and requested they return a postcard
marking their choice regarding formation of the LID. A clear majority of the
respondents were in favor of the LID. This information was presented at the
public hearing.
2.5 The proposed Nevada Street Local Improvement District is consistent with the
2002-2003 Capital Improvement Plan and identified in the 2002-2003 budget
adopted by Council in June, 2001.
2.6 The City Council did not receive a remonstrance sufficient to postpone the
construction of this project.
SECTION 3. CONCLUSORY FINDINGS REGARDING CONFLICT OF INTEREST
3.1 The City Council finds that it has received all information necessary to make a
decision based on the Council Communications dated August 3, 2004 and September
7, 2004, public hearing testimony and the exhibits received.
3.2 At the September 7,2004 Council meeting Public Works Director Paula Brown
verbally declared a conflict of interest as she and her husband owned property at the
comer of Nevada Street and Cambridge Street (800 Cambridge Street) which is
located within the assessment district boundary and property which is located at 810
Cambridge which is immediately outside the LID boundary proposed by staff and
adopted by the City Council. When Ms. Brown was initially assigned the task of
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putting together the LID, Ms. Brown notified City Administrator, Gino Grimaldi, of
her property ownership on Cambridge Street. Ms. Brown stated she took efforts to
mitigate any conflict by relegating decisions regarding the formation of the
assessment boundary, the allocation of the assessment to each benefited property to
Project Manager James Olson.
3.3 Council determined that Ms. Brown did not benefit financially from her ownership of
the property resulting from her position within the City and that she had taken the
steps to ensure that any conflict was mitigated. Any defect in not following state law
precisely was insignificant and had no bearing on the validity ofthe proposed
formation of the Local Improvement District. It was further determined that Ms.
Brown did not receive any benefits or considerations beyond that which would have
been available to any other citizen. Council determined that the conflict should not
stop the proposed formation of the local improvement district as nothing relating to
the conflict would change the proposed boundary, the needed improvements, nor the
proposed assessments.
SECTION 4. DECISION
4.1 Based on evidence contained within the whole record on this matter, the City Council
concludes that the establishment of the LID boundary is in the City's best interest, is
justified as presented by staff and is supported by evidence contained within the
record.
4.2 Council further concluded that the conflict of interest as stated by Paula Brown has
been fully mitigated by virtue of the fact that she was part of the class that all equally
received the benefit and therefore, has no impact upon the formation of the LID.
4.3 Therefore, based on our overall conclusions, the City Council authorizes formation of
the LID.
CITY OF ASHLAND, OREGON
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I
Date
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EXHIBIT/1
CITY OF
ASHLAND
Council Communication
Title:
A Resolution Setting a Public Hearing with Intention to Form a Local
Improvement District for Sidewalk and Traffic Calming Improvements
to W. Nevada Street from Helman Street West to the Billings Ranch
Subdivision
Dept
Date:
Public Works Department
August 3, 2004
Submitted By:
Reviewed BY:
Approved By:
Paula Brown
Mike Franell
Gino -Grimaldi
, Synopsis:
For the past several months, staffhas been working with the Nevada Street neighbors to complete
,design for the installation' of sidewalks, pedestrian safety improvements and associated traffic
calmirig elements to Nevada Street from Helman Street to, the Billings Ranch Subdivision. This
project will greatly improve pedestrian, bicycle and 'Vehicle safety along Nevada Street by slowing
traffic on this wide street. The project will improve the pedestrian use within this busy
neighbOrhood., which accesses Helman School, the entrance to the Dog Park and the Greenway will
be significantly improved.
The attached resolution establishes a public hearing date to consider forming the local improvement
district for these enhancements. The proposed LID boundary includes lots frontiQg on Nevada Street
from Helman Street west and includes the new Billings RaDch Subdivision as depicted on the map
attached as Exhibit A
Recommendation:
Staff recommends that Council adopt the attached resolution establishing the date and time for a
public hea,ring to consider the formation of the Nevada Street Sidewalk and Traffic Calming Local
Improvement District. .
Fiscal Impact:
The total project estimate is $173,500. Under resolution 99-09 the City is obligated to pay a majority
of sidewalk, street improvements related to traffic calming and engineering costs.
The following is a breakdown ofthe City's obligation under this recommendation:
Estimated Construction Cost (includes contingency)
Engineering and Administration
$148,500.
25,000
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Total Project Costs
$173,500
City Participation in LID per resolution 99-09
Sidewalks and Traffic Calming (60% of $148,500)
Engineering (50% of $25,000)
$89,100
12.500
$101,600
Remaining Assessment Participation
Number of equivalent dwelling units
Cost per equivalent dwelling unit
$71,900
125
$575.Z0
Each equivalent dwelling unit or potential equivalent dwelling unit will pay $575:20, which may be
Bancrofted.over a 10-year period. The construction of improvements to Nevada.Street is a priority in
the City's Transportation System Plan and has been on the .Capital Improvements Program project
list for the past several years.. . .
Background and Preparation for the Public Hearing Decisions:
There will be two actions for the Council at the conclusion of the Public Hearing on September 7th.
The first is the formation of the district boundaries and the seconclis concurrence with the 90%
design submission.
LID BOUNDARY: The proposed LID boundary includes lots fronting on Nevada Street (53
properties) from Helman.Street west to and including the new Billings Ranch Subdivision as
depicted on the map attached as Exhibit A. This boundary was selected as these 53 property owners
will be directly benefited by the improvements along Nevada Street. The Billings Ranch Subdivisiop
(72 properties) was included as a condition of their planning approvals. This boundary is consistent
with other neighborhood sidewalk and traffic calming LIDs (Helman, Penny/Palmer) as only those
properties directly on the affected streets were included in the LID boundary area. There has been
some discussion that all of the Quiet Village Neighborhood or at least all of the homes north of
Nevada Street should be included in the LID boundary as all will be affected by the improvements.
The only LID in recent years that went beyond the immediate street improvement area was Tolman
Creek Road. Tolman Creek Road is considered a major collector / arterial street and the
improvements were full street improvements (street reconstruction and overlay, new storm drain
system, sidewalks on both sides, traffic calming planters, etc.). . In that case, the boundary was
extended to include all homes that directly and indirectly accessed Tolman Creek Road. Staff
recommends retaining the boundary to the properties directly on Nevada Street.
It may be necessary that the Nevada Street Sidewalk and Traffic Calming LID be formed by Council
initiative in accordance with AMG Section 13.20.020. Although staff has worked with the neighbors
.and has received general consensus for the formation of the LID, actual signed petitions in favor of
the LID have not been collected by staff. It is staff's intention to send information to each of the
property owners within the LID boundary and to have them return a postcard acknowledging their
consent to the LID. This information will be presented at the public hearing.
DESIGN CONCURRANCE: With the past several LIDs, Council has participated by con~urring
with the design process at the 90% design stage. In this LID process, staffhas been working toward
design completion since December 2003. This project has been planned and on the City's Capital
Improvements Project list for the past 5-6 years. This project is a high priority on the City's
Transportation System Plan for sidewalks. As the current 36 foot wide street is wider than the
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current standards for a minor collector (residential neighborhood collector). Ashland's current
standards (Ashland Street Standards Handbook) for a residential neighborhood collector are 32 feet
from curb to curb; allows for two 9-foot travel lanes and parking on both sides. This current wider
straight street section enco\l1'8ges fas~er speeds and it has been the City's practice to provide traffic
calming elements ,to slow those speeds down and allow for safe travel of bicyclists, pedestrians and
vehicles.
Initially staff hired an engineering firm (Thornton Engineering) to prepare a concept design for
sidewalks and traffic calming on Nevada Street. This preliminary plan was shared with the Nevada
Street and Quiet Village community at a neighborhood meeting in December 2003. There were
significant concerns and a diverse set of reactions to this first plan. In the ensuing 5-6 months, a
. citizens committee was formed and met several times to help identify the community concerns and .
suggestions for improvement. In May, staff was presented with seven different proposals from this
... citizen's committee with a request to incorporate the elements of seven concepts into three plan
. options. . .
. .
Staff used the following objectives to meet the primary goal improving safety:
1. Reduce speed of traffic;
2. Encourage uniform traffic speed;
3. Provide safe and comfortable pedestrian route;
4. Provide safe and comfortable bicycle route;
5. Provide safe motorist route;
6.. Maintain safe and unimpeded emergency access;
7. Maintain street function as a neighh9rhood collector;
S.. Increase livability.ofthe neighborhood (noise, trees, sign, clutter);
9. Balance street function; safety and livability; and
10. Reduce impact of anticipated traffic increase.
In June, staff distilled the seven proposals into 3 alternatives that would meet the critical safety
concerns. These three alternatives were presented to the entire neighborhood during the June 21 st
meeting, wher~ each was discussed and the group consensus narrowed the three to one preferred
alternative. At the July 19th meeting, the preferred alternative was again discussed and the
neighborhood group waS asked to add elements, but was not allowed to pull elements out as each
provided a oritical factor in traffic safety and traffic calming. The resulting preferred alternative will.
be presented to the City Council at the September 7th Public Hearing. There was some discussion
about the need for more tiaffic calming, especially at the west end of the project between Laurel and
. Cambridge. There was also a desire ~xpressed by some to have sidewalks on both sides of the street .
between Helman and Voris. Staffwill review both of these elements and the engilleer and a
discussion will be presented to Council on the 7th. .
TIMING: With Council's approval, the public hearing will be scheduled for September 7th and final
formation ofthe LID will be on September 21st. Assuming there will be no major design changes
upon LID formation, staff will finalize design for the September 21 st meeting and have the project
out for bids at the end of October. Construction may begin as early as November and should be
completecfin AprillMay 2006. .
Attachments:
Resolution
LID Map
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ID
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EXHIBIT 2
Tuesday, August 03, 2004
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
August 3, 2004 - 7:00 p.m.
Civic Center Council Chambers, 1175 E. Main Street
.
CALL TO ORDER
Mayor called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Laws, Amarotico, Hartzell, Morrison and Hearn were present; Councilor Jackson was absent.
APPROVAL OF MINUTES
The minutes of the Regular Council Meeting of July 20, 2004 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Mayor's Declaration to commemorate Hiroshima Day (Aug 6th) and Nagasaki Day (Aug 7th) was read
aloud.
CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees.
2. Liquor License Application from Chun H. Chan dba Chun's Palace, Inc.
3. Approval of Amendment No.1 to Fund Exchange Agreement No. 20521, Water Street Bridge
Project, between the City of Ashland and the Oregon Department of Transportation.
Councilor Hartzell/Morrison m/s to approve Consent Agenda. Voice Vote: All AYES. Motion
passed.
PUBLIC HEARINGS
1. Continuation of Public Hearing regarding Appeal of Planning Action 2004-052, 904 Garden
Way, Ashland.
Mayor DeBoer read aloud the Public Hearing procedure for Land Use Hearings.
Public Hearing Continued: 7:09 p.m.
EX PARTE CONTACT
Mayor DeBoer and Councilor Morrison received an email from Oak Knoll Meadows Home Owners
Association; however neither read the message due to the public hearing being closed. Mayor DeBoer
stated he forwarded the email to Staff.
IN OPPOSITION TO APPLICANT
Lynn Costantino/892 Harmony Lane/Presented a poster displaying pictures of the subject property. Mr.
Costantino voiced concern that no architecture was considered and noted the close proximity to the
adjoining property. He also commented on the petition signed by the 46 neighbors and stated he is not the
only one with concerns.
STAFF RESPONSE
Community Development Ditector John McLaughlin stated the Council should consider the options
presented in the Staff Memo, which deal with the concerns raised during the first portion of the public
hearing.
Mr. McLaughlin clarified the Conditional Use Permit (CUP) for the accessory unit is an allowed use of the
zone under certain conditions. He stated there is only one other approved accessory unit in this zone,
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however Staff has been notified of others that might be operating illegally and they will be investigating
these claims. Mr. McLaughlin stated an ordinance amendment would be required if the Council wished to
set a number of the allowed CUPs per neighborhood.
Ms. Harris noted the neighbors have raised concerns regarding the need to protect the electric pole. Ms.
Harris clarified that although the pole location is not ideal, there is nothing that prohibits its close location
to the proposed driveway. However, Council could ask for a condition that would provide a barrier to
protect the electric pole. The Electric Department would need to review this property in order to determine
the potential risk.
Mr. McLaughlin stated there are currently 94 approved accessory units and noted they are located
throughout the City. It was noted that Staff has not had any experience with negative impacts to
neighborhoods as a result of allowing accessory units.
Mr. McLaughlin clarified that the ordinance does not require homeowners to occupy homes with accessory
units.
Mr. McLaughlin stated that the traffic generated by the proposed accessory unit would be no different than
that of a normal single family unit. In regards to architectural compatibility, the accessory unit would not
change the architecture and there is no reason to believe there will be any affect on air quality. In addition,
Staff does not see this application as setting a precedent for future applicants.
-
Mr. McLaughlin clarified the Council could deny the permit if they determine that the conditions are
inappropriate. However they would need to specify which conditions they do not agree with.
Mr. McLaughlin clarified that remodeling can be done without obtaining permits. It is only when the owner
wants to make a separate living unit that a CUP is required. City Attorney Mike Franell stated that the
potential violation of not obtaining the necessary building permits should be handled as a separate issue.
REBUTTAL
Jane VanDyke/668 Leonard Street/Stated they were taken back by all of the negative comments.
expressed at the last council meeting. She and her husband are attempting to do something that is
positive, and were under the belief that this was something that the City supported and encouraged. Ms.
VanDyke stated she would like to respond to some of the specific concerns and mis-information provided at
the last meeting. First, they did not turn the garage into an apartment. The garage was converted to two
bedrooms and a bath in the 1970's, 30 years before they purchased the house. Additionally, their house is
13 feet away from the neighbor's, not 5 feet as stated by the opponents. Ms. VanDyke stated that they
want to have a legal unit, which is why they are going through this process. Ms. VanDyke stated she does
not understand why this neighborhood is only willing to welcome "certain types" of people, and questioned
if this property does not meet the affordable housing goals of the City, than what does?
Public Hearing Closed: 8:13 p.m.
COUNCIL DELIBERATION
Mayor DeBoer expressed concern that this case was only heard in front of the 3 member Hearings Board,
and felt that it should have been heard by the full Planning Commission. He also expressed concern that
two rental units are being placed in a single-family residence. Mayor DeBoer stated he does not support
this application based on the parking issues and the negative impacts on the livability of the neighborhood.
Council discussed the seven factors that are to be considered, which include:
1) Similarity in scale, bulk, and coverage,
2) Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass-
transit use are considered beneficial regardless of capacity of facilities,
3) Architectural compatibility with the impact area,
4) Air quality, including the generation of dust, odors, or other environmental pollutants,
5) Generation of noise, light, and glare,
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6) The development of adjacent properties as envisioned in the Comprehensive Plan, and
7) Other factors found to be relevant by the Hearing" Authority for review of the proposed use.
Councilor Hartzell suggested two additional conditions to add to those recommended by the Hearings Board
a nd Staff:
Condition #17 - Ask the Electric Department to review the driveway pole and make any recommendations
that they see fit to ensure the electric pole meets safety standards.
Condition #18 - The accessory unit not be increased more than 500 sq. ft.
Concern was raised regarding setting a condition that would limit the size of the house and the unit in the
future. It was stated that building permits are required to add on to a house and questioned whether this
would be more of a legal condition.
Mr. Franell stated there are already building limitations in place. There is a condition that states the
accessory unit cannot exceed more than 50% of the floor space of the primary unit. In addition, the
Maximum Lot Coverage Ordinance would apply. However, Council could add an additional condition further
limiting the size of the accessory unit.
It was noted that the applicant would have to apply for a new application if they wanted to make any of
these changes to the property in the future.
Council discussed whether Staff's Condition #16 should be included at this time or handled separately.
Councilor Hartzell/Morrison m!s to uphold the application, denying appeal, with the folloWing
conditions: Conditions #1-13 from the Hearings Board, Conditions #14 and #15 as stated in the
Staff Memo dated July 28, 2004, an additional condition that states that the Electric Department
review the drhteway pole and make any recommendations they see apprbpriate to ensure
protection of that pole and neighborhood safety, and a condition that states that the accessory
unit will not be increased more than 550 sq. fti If the owner wants to increase size of the
accessory unit they would pursue an amendment to the Conditional Use Permit. DISCUSSION:
Mayor DeBoer voiced his concern with livability. Council Hartzell stated she shares in the Mayor's concerns.
Voice Vote: Councilor Laws, NO. Councilor Amarotico, Hartzell, Morrison and Hearn, YES. Motion
passed 4-1. Mayor DeBoer spoke to the owner of the house, and stated it is very critical with a rental
situation like this to monitor the rental closely.
Councilor Hartzell motion to direct Staff to take the action as noted in Condition #16 and that
Council direct the Planning Department Staff to investigate any accessory units in that
neighborhood that might be unpermitted and take necessary action. Motion dies due to lack of a
second.
Mayor DeBoer noted that Staff is already required to follow any illegal activities. He also noted that if
neighbors are concerned, they can make a complaint to the Planning Department, and they will send
someone out to investigate.
Council discussed whether it was appropriate to direct Staff to only investigate this one neighborhood.
Opinion was expressed that because a complaint was raised, it is appropriate to formally ask Staff to follow
up. Opposing comment was made that Staff is already required to investigate complaints and Council
should trust Staff's discretion on how to follow through.
PUBLIC FORUM
Ryan Navickas!711 Faith Avenue/Requested that the Council reconsider the most recent approved
ordinance regarding public nudity. Mr. Navickas spoke regarding the cultural norm in regards to the human
body and expressed his concern with the passive and compulsive nature on the passage of this ordinance.
He noted there are already laws regarding lewd behavior and requested that this issue be placed on the
agenda for council discussion.
Erik Navickas!711 Faith Avenue/Spoke regarding the proposed Mt. Ashland Ski expansion. Mr. Navickas
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requested that the Council move to halt the NEPA process until the Waste Treatment Facility on the Mt.
Ashland development is dealt with. He stated there are high nitrogen levels in the effluent and others
serious problems that exist in the current development.
UNFINISHED BUSINESS (None)
NEW AND MISCELLANEOUS BUSINESS
1. Eighth Annual Report on implementation of the Valdez Principles.
Electric & Telecommunications Director Dick Wanderscheid stated the Valdez Principles were adopted in
May of 1990 and require an annual report on implementation of the principles. The annual report was
submitted to the Council and is included in the public record. Mr. Wanderscheid noted the new items are
hi italic and gave a brief explanation of each.
Mayor DeBoer acknowledged the use of bio-diesel fuel being used by the Ashland School District buses.
Public Works Director Paula Brown noted there is a Department of Energy program that will reimburse the
City 25% of all of the costs associated with going to the bio-diesel fuel.
Mayor DeBoer spoke regarding the styrofoam ban, and stated that it is his understanding that the new
styrofoam now dissipates quicker in a land fill than plastic. Mr. Wanderscheid agreed and noted that CFCs
are no longer being used to create styrofoam. Mr. Wanderscheid stated he will talk with Ashland Sanitary
and the Conservation Commission to revisit this topic.
It was noted the Cities for Climate Protection and the Community Wildfire Protection Plan was missing
from the report.
The BPA Power Shift Program was noted. Mr. Wanderscheid stated they have been disappointed in the
response to this program. The City has the ability to do 100 homes, at last count Ashland was only at 40.
It was noted that the bulk of the sign-ups came as a result of a front page article ran in the Daily Tidings.
Mr. Wanderscheid stated he is currently working with BPA to do a direct mailing to residents. It was noted
that the program offers a $100 rebate and residents can visit the City's website to sign up.
Mr. Wanderscheid quoted an article on Good Watch, which explained that this is a home energy
management system that employs technology that allows customers to automatically control their home
energy uses. Homeowners can program their thermostat, pool pump, water heaters and other devices, at
home or remotely, around the clock via the internet. They can also monitor their settings whenever and
wherever they happen to be.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Reading by title only of "A Resolution Setting a Public Hearing with Intention to Form a
Local Improvement District for Sidewalk and Traffic Calming Improvements to W. Nevada
Street from Helman Street North to the Billings Ranch Subdivision."
Public Works Director Paula Brown presented the Staff Report on the intent to form an LID from W.
Nevada and Helman Street, North to the Billings Ranch Subdivision. Ms. Brown stated they will be looking
at the district boundary and also the costs. It was noted that the City may have over-estimated what the
actual cost will be. It was also clarified that the City received seven plans, and from those seven Staff
created one consensus plan.
Council requested that both the original and consensus plans be provided to the Council for review. It was
clarified that at the public hearing, Council will be able to view both plans and cost estimates and receive
testimony from anyone who wishes to speak on this issue.
Ms. Brown clarified the decision the Council is making tonight is to form a LID, they are not making a
decision on design. Concern was expressed that the change in costs would result in the need to re-notice
the neighborhood.
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Councilor Hartzell/ Amarotico m/s to approve Resolution #2004-30. Roll Call Vote: Hartzell,
Morrison, Hearn, Laws and Amarotico, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
Mayor DeBoer stated there are currently opening on the Historic, Public Arts and Airport Commissions. He
also noted that applications are kept on file for 6 months.
A Study Session is scheduled for'tomorrow at noon in the Council Chambers. Topics of discussion include
making land-use decisions and ex parte contact. In addition, Ashland Town Hall will be airing on RVTV at 6
p.m. tomorrow night.
ADJOURNMENT
Meeting was adjourned at 9:30 p.m.
Barbara Christensen, City Recorder
Alan DeBoer, Mayor
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EXHIBIT 3
RESOLUTION NO. 04- 00
A RESOLUTION SETTING A PUBLIC HEARING WITH INTENT TO FORM A
LOCAL IMPROVEMENT DISTRICT FOR SIDEWALK AND TRAFFIC
CALMING IMPROVEMENTS TO W. NEVADA STREET
THE CITY OF ASHLAND RESOLVES AS FOllOWS:
SECTION 1. It is the intention of the Council to commence Sidewalk and Traffic
Calming Improvements to W. Nevada Street from Helman Street west to and including
the Billings Ranch Subdivision
SECTION 2. The boundary description of the local improvement district is described as
those lots fronting on W. Nevada Street from Helman Street North to the Billings Ranch
Subdivision as depicted on the map attached to Exhibit A.
SECTION 3. The city engineer's estimated cost of the improvement, including
engineering and administration costs, and the proposed allocation of the cost among
each of the property owners specially benefited is $173,500 of which $71,900 will be
paid by special assessments on benefited properties. Costs will be allocated based on
$575.20 per equivalent dwelling unit or potential equivalent dwelling unit within the
assessment area.
SECTION 4. The council will hold a public hearing in the Council Chambers, Ashland
Civic Center, 1175 East Main Street on September 7,2004, at 7:00 p.m., at which time
and place the owners of the benefited properties may appear or submit written
comments prior to or at the hearing as to why the improvement should not be
constructed or why the benefited properties should not be assessed in the manner
proposed.
SECTION 5. The city recorder is directed to serve notice to the property owners by
publishing a notice of the public hearing once in the Daily Tidings, not less than 30 days
prior to the hearing, and by mailing copies of the notice by first class mail to the owners
of each lot benefited by the proposed improvement as shown on the latest tax and
assessment roll. The notice shall be in the form of Exhibit "A" attached to this
resolution.
SECTION 6. This resolution takes effect upon signing by the Mayor.
PAGE 1
G:\IegaI\Office\ORD\N\Nevada Set PH Reso.doc
.
This resolution was read by title only in accordance with Ashland M~pal Code
~2.04.090 and duly PASSED and ADOPTED this 3 day of r.r~^"".:f-
2004.
~~
Barbara Christensen, City Recorder
SIGNED and APPROVED this
1-\
day of
. 004.
PAGE 2
G:\IegaI\Office\ORD\N\Nevada Set PH Reso.doc
EXHIBIT" A"
NOTICE OF PUBLIC HEARING
The City Council of the City of Ashland will meet on September 7, 2004, at 7 p.m. in the
Council Chambers, 1175 East Main Street, to hold a public hearing to consider the
formation of a local improvement district as follows:
NATURE OF THE IMPROVEMENT:
Sidewalk and Traffic Calming Improvements to W. Nevada Street from Helman Street
west to the Billings Ranch Subdivision.
BENEFITED:
Those lots fronting on W. Nevada Street from Helman Street west to the BiIIil:lgs Ranch
Subdivision as depicted on the map attached to Exhibit A.
ESTIMATED COST:
The estimated cost of the improvement, including engineering and administration costs,
and the proposed allocation of the cost among each of the property owners specially
beneti,ted is $173,500 of which $71,900 will b~ paid by special assessments on
benefited properties. Costs will be allocated based on $575.20 per equivalent dwelling
unit or potential equivalent dwelling unit within the assessment area.
Additional information regarding the proposed improvement or method of assessment
may be obtained at the Engineering Division, 51 Winburn Way, Ashland OR, phone
number 488-5347, weekdays during the hours of 8:00 AM to 4:30 PM.
All affected property owners may appear at the hearing or submit written comments
prior to or at the hearing, as to why the improvements should not be installed or why the
benefited properties should not be assessed in the manner proposed. If two-thirds of
the property owners to be benefited object to the improvement, the improvement will be
suspended for six months.
13.20.040 Notice of Hearino Reoardino Improvement Resolution.
A. Notice. Notice of the hearing regarding the improvement resolution
shall be given at least 30 days prior to the scheduled date of the
hearing.
B. Method of Deliverino Notice. Notice shall be made by publication in a
newspaper of general circulation within the city and by mailing copies
of the notice by first class mail to the owners of lots affected by the
improvement.
PAGE 3
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EXHIBIT 4
CITY OF
ASHLAND
Council Communication
Title:
Public Hearing and Adoption of a Resolution Authorizing and Ordering
the Formation of the Nevada Street Local Improvement District for
Sidewalk and Traffic Calming Improvements to W. Nevada Street from
Helman Street West to the Billings Ranch Subdivision
Dept:
Date:
Public Works Department
September 7, 2004
Submitted By:
Reviewed By:
Approved By:
Paula Brown
Mike Franell
Gino Grimaldi
Synopsis:
For the past several months, staff has been working with the Nevada Street neighbors to complete the
concept and engineering designs for the installation of sidewalks, pedestrian safety improvements
and associated traffic calming elements to Nevada Street from Helman Street to the Billings Ranch
Subdivision. There have been significant differences of opinion regarding the need for traffic speed
reductions and amount of traffic calming elements necessary to improve safety.
The final plan was developed in conjunction with the entire Nevada Street neighborhood, but with
additional weight being given to those who reside on Nevada Street, receive the benefit and
corresponds to those that are within the proposed LID boundary. This plan represents a lot of work
on the neighborhood's part, a great deal of compromise of personal feelings, and a well thought out
decision. This project will greatly improve pedestrian, bicycle and vehicle safety along Nevada
Street by slowing traffic on this wide street. The project will improve the pedestrian useage within
this busy neighborhood, which provides access to Helman School, the Dog Park and the Greenway
multiuselbikepath.
The attached resolution authorizes and orders the formation of the LID and construction
improvements to Nevada Street including sidewalks, curb extension planter areas, pedestrian safety
improvements, drainage and associated improvements. The resolution also authorizes 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. The proposed LID boundary includes lots fronting on Nevada Street
from Helman Street west and includes the new Billings Ranch Subdivision as depicted on the map
attached as Exhibit A.
Recommendation:
Staff recommends that Council hold a public hearing to listen to comments and concerns regarding
the intent to form the Nevada Street Local Improvement District for sidewalk and traffic calming
improvements. If upon completion of the public hearing Council determines a need for the local
G:\pub-wrks\admin\PB Council\LIDs\CC Nevada LID Formation 7Sep04.doc Page I of 14
rA'
improvement district, staff recommends that Council form the LID by Council initiative in
accordance with AMC Section 13.20.020. As such, staff recommends Council adopt the attached
resolution authorizing and ordering the formation of a Local Improvement District for the Nevada
Street Sidewalk and Traffic Calming Improvements.
Fiscal Impact:
The total project estimate is $173,500. Under resolution 99-09 the City is obligated to pay a majority
of sidewalk, street improvements related to traffic calming and engineering costs.
The following is a breakdown of the City's obligation under this recommendation:
Estimated Construction Cost (includes contingency)
Engineering and Administration
Total Project Costs
$148,500
25.000
$173,500
City Participation in LID per resolution 99-09
Sidewalks and Traffic Calming (60% of$148,500)
Engineering (50% of $25,000)
$89,100
12.500
$101,600
Remaining Assessment Participation
Number of equivalent dwelling units
Cost per equivalent dwelling unit
$71,900
125
$575.20
Each equivalent dwelling unit or potential equivalent dwelling unit will pay $575.20, which may be
Bancrofted over a 10-year period. The construction of improvements to Nevada Street is a priority in
the City's Transportation System Plan and has been on the Capital Improvements Program project
list for the past several years.
These costs are only estimated construction costs. The City Recorder has provided the affected
property owners this information through the assessment order. Should the actual construction costs
come in higher than 110% of the estimated costs, the City would have to pay the difference. The
assessment order has a provision that the property owner can pay as much as 110%. However, if the
final construction costs are less, that diffurence is shared with the property owner in relative
proportion as shown above.
Background and Preparation for the Public Hearing Decisions:
Staffwill ask Council to take two actions at the conclusion ofthe Public Hearing on September 7th.
The first is to adopt the attached resolution authorizing and ordering the formation of a Local
Improvement District for the Nevada Street Sidewalk and Traffic Calming Improvements. This
action will approve the district boundaries and the cost estimate of$173,500, which includes
$101,600 of City funds and an assessment of$575.20 per dwelling unit. The second discussion item
requests Council concurrence with the 90% design submission as depicted by the neighborhood
design of July 2004.
LID BOUNDARY: The proposed LID boundary includes lots fronting on Nevada Street (53
properties) from Helman Street west to and including the new Billings Ranch Subdivision as
depicted on the map attached as Exhibit A. This boundary was selected as these 53 property owners
will be directly benefited by the improvements along Nevada Street. The Billings Ranch Subdivision
(72 properties) was included as a condition of their planning approvals. This boundary is consistent
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with other neighborhood sidewalk and traffic calming LIDs (Helman, Penny/Palmer) as only those
properties directly on the affected streets were included in the LID boundary area. There has been
some discussion that all of the Quiet Village Neighborhood or at least all of the homes north of
Nevada Street should be included in the LID boundary as all will be affected by the improvements.
The only LID in recent years that went beyond the immediate street improvement area was Tolman
Creek Road. Tolman Creek Road is considered a major collector / arterial street and the
improvements were full street improvements (street reconstruction and overlay, new storm drain
system, sidewalks on both sides, traffic calming planters, etc.). In that case, the boundary was
extended to include all homes that directly and indirectly accessed Tolman Creek Road and included
many new subdivisions that were required to participate in the LID as a condition of their planning
approval. Staff recommends limiting the boundary to the properties directly on Nevada Street.
It may be necessary that the Nevada Street Sidewalk and Traffic Calming LID be formed by Council
initiative in accordance with AMC Section 13.20.020. Although staffhas worked with the neighbors
and has received general consensus for the formation of the LID, actual signed petitions in favor of
the LID have not been collected by staff.
As indicated on the August 3, 2004 Council Communication, staff sent design information to each
property owner within the LID boundary with a postcard with three options to respond to staff. To
date, the results of the postcard survey are as follows:
1. I favor the formation of the LID and feel that the current plan is acceptable. 10
2. I favor the formation of the LID and feel that the current plahs are not acceptable. 6
3. I do not favor the formation of an LID on Nevada Street. 0
At the time this Council Communication was written, of the 55 properties (if you count Billings as
only one property, not 72) only 16 residences had responded to our question. There were six packets
returned with no forwarding address. Staff will continue to gather information and present it at the
public hearing.
DESIGN CONCURRANCE: With the past several LIDs, Council has participated by concurring
with the design process at the 90% design stage. In this LID process, staff has been working toward
design completion since December 2003. This project has been planned and on the City's Capital
Improvements Project list for the past 5-6 years. This project is a high priority on the City's
Transportation System Plan for sidewalks. As the existing 36-foot wide street is wider than the
current standards for a minor collector (residential neighborhood collector). Ashland's current
standards (Ashland Street Standards Handbook) for a residential neighborhood collector are 32 feet
from curb to curb; allows for two 9-foot travel lanes and parking on both sides. This current wider
straight street section encourages faster speeds and it has been the City's practice to provide traffic
calming elements to slow those speeds down and allow for safe travel of bicyclists, pedestrians and
vehicles.
Staff has put into practice traffic safety design elements to slow traffic and improve safety in several
of our neighborhood streets. There are two (of many) design publications that are routinely used by
the Traffic Safety Commission: the first provided by Pat Noyes and Associates (Colorado), "Traffic
Calming Primer" and the "Neighborhood Traffic Control" published by North Central Section
Institute of Transportation Engineers. Both stress the advantages of curb extensions (neck-downs,
chokers, bump outs) to provide increased visibility for pedestrians, reduce vehicular speeds, and
provide neighborhood streetscape amenities.
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Initially staff hired an engineering firm (Thornton Engineering) to prepare a concept design for
sidewalks and traffic calming on Nevada Street. This preliminary concept plan was shared with the
Nevada Street and Quiet Village community at a neighborhood meeting in December 2003. There
were significant concerns and a diverse set of reactions to this first plan. In the ensuing 5-6 months,
a citizens committee was formed and met bi-weekly to help identify the community concerns and
suggestions for improvement. The goal of the citizens committee was to consolidate information and
community desires and bring City staff one plan. In May, staff was presented with seven different
proposals from this citizen's committee with a request to incorporate the elements of seven concepts
into three plan options, which would ultimately be consolidated into one preferred plan..
The primary goal of this construction project is to improve safety. Staff used the following
objectives for the design elements:
1. Reduce speed of traffic;
2. Encourage uniform traffic speed;
3. Provide safe and comfortable pedestrian route;
4. Provide safe and comfortable bicycle route;
5. Provide safe motorist route;
6. Maintain safe and unimpeded emergency access;
7. Maintain street function as a neighborhood collector;
8. Increase livability ofthe neighborhood (noise, trees, sign, clutter);
9. Balance street function, safety and livability; and
10. Reduce impact of anticipated traffic increase.
In June, staff (a team of five personnel including staff from public works, fire, and planning) distilled
the seven citizen proposals into three alternatives that meet all of the critical safety concerns. Each
of the three options was designed with safety as the primary concern. Each will help to reduce
speeds with the addition of curb extension or bumpouts. One plan focused on extending the entire
curb out into the street for the addition of the sidewalk and narrowed the street entirely. Two of the
plans used a combination of curb extensions and crosswalks to provide safety elements.
The three alternatives were presented to the entire Nevada Street neighborhood during the June 21 st
meeting, where each was discussed and the group consensus narrowed the three options to one
preferred alternative. At the July 19th meeting, the preferred alternative was discussed again and the
neighborhood group was asked to add elements, but was not allowed to pull elements out as each
provided a critical factor in traffic safety and traffic calming. The resulting preferred alternative will
be presented to the City Council at the September 7th Public Hearing.
The preferred alternative (July 2004) is similar to the concept design originally presented in
December 2003. However, there are some significant differences. The July preferred design has 2' x
2' scored concrete crosswalks, bumpouts and curb extensions on one of the comers at the
intersections of Helman, Voris, Michelle, and Glendower and curb extensions at both comers on the
south intersection of Cambridge. Primarily, the focus of the traffic calming and crosswalks is at the
two entry points (Helman and Cambridge) and at the three streets that channel traffic to the rest of
the Quiet Village neighborhood to the north (Glendower, Michelle and Voris). All of the traffic to
the north of Nevada Street uses Nevada Street as a neighborhood collector transportation route. The
bump outs do not extend to the side streets with the exception of one comer on Cambridge and one
comer on Helman.
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The original December 2003 design (attached) included more dramatic curb extensions. There were
curb extensions on all four comers at Cambridge wrapping around from Nevada through the side
street curbs, similar wrapped curb extensions on each of the 5 side street intersection with
corresponding bumpouts/chokers directly across from each entry point onto Nevada. There were
bumpouts on each side of Nevada to choke traffic just west of Helman. There was also one traffic
diverter island in the section from Glendower to Cambridge. Again, these are easier seen on the
attached drawings and will be discussed by staff at the meeting.
There was some discussion about the need for more traffic calming, especially at the west end of the
project between Laurel and Cambridge as this is a relatively longer section (1200 feet) with only two
traffic calming elements in the preferred design. Staff has reviewed this idea and would support the
addition of curb extensions on both sides at Glendower to provide traffic calming, but would have
this be a planted curb extension only on the west side, not an ADA ramp as there is no crosswalk or
need for that landing. There was also a desire expressed by some to have sidewalks on both sides of
the street between Helman and Voris. Staff supports this idea as there is considerable pedestrian (and
some bicycle) travels to the Dog Park at that end of the neighborhood, but the existing utilities
(power poles, water meters, mailboxes) and landscaping makes this a very difficult addition.
TIMING: the public hearing which is scheduled for September 7th will finalize the formation ofthe
LID. Assuming there will be no major design changes upon LID formation, staff will finalize design
and have the project out for bids at the end of October. Construction may begin as early as
November and should be completed in April/May 2006.
Attachments:
· Nevada Street LID Map Boundaries (page 6)
· Ashland Municipal Code Section 13.20, Local Improvements and Special Assessments (pages 7-
14)
· Resolution to form and construct the Nevada Street LID; with Exhibit A to the Resolution
showing the effected properties and boundary map
· July 2004 design (7 pages)
· December 2003 design (2 pages - concept)
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City of Ashland, Oregon - Agendas And Minutes
Page 1 of7
EXHIBIT 5
Tuesday, September 07, 2004
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
September 7,2004 - 7:00 p.m.
Civic Center Council Chambers, 1175 E. Main Street
CALL TO ORDER
Mayor DeBoer called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Laws, Amarotico, Hartzell, Jackson, Morrison and Hearn were present.
APPROVAL OF MINUTES
The minutes of the Regular Council Meeting of August 17, 2004 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Proclamation of September 2004 as National Alcohol and Drug Addiction Recovery Month was read aloud by
Councilor Morrison.
CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees.
2. Confirmation of Mayor's appointment of Henry Baker to the Historic Commission for a term
to expire April 30, 2005.
3. Confirmation of Mayor's appointment of Vicki Griesinger to the Airport Commission for a
term to expire April 30, 2005.
4. Confirmation of Mayor's appointment of Melissa Markell to the Public Arts Commission for a
term to expire April 30, 2005.
5. City's Investment Report.
Consent Agenda item #5 was pulled for discussion.
Councilor HearnfJackson m/s to approve Consent Agenda items #1-4. Voice Vote: all AYES.
Motion passed.
City Recorder Barbara Christensen spoke regarding the City's Investment Report. It was explained that a
portion of the investment funds has been utilized for the completion of capital improvement projects. It was
also noted that the recent financing for AFN is not included in data provided. Mrs. Christensen stated the
portfolio has dwindled slightly due to the lower rate of interest on securities. Councilor Hartzell suggested
that future reports include the influence of trends on the City's investments.
Councilor Hartzell/Morrison m/s to approve Consent Agenda item #5. Voice Vote: all AYES.
Motion passed.
PUBLIC HEARINGS
1. Public Hearing on Community Development Block Grant (CDBG) Program Year Change.
Housing Program Specialist Brandon Goldman stated there are three options for the Council to consider.
1) Shift the beginning of the program year from January 1, 2005 to July 1, 2005;
2) Opt to retain the existing program year (January 1-December 31), which would require the City to
immediately issue an RFP and only $274,000 of the anticipated $474,000 would be available; or
3) Approve the program year shift but immediately issue an RFP for the $274,000 through the existing
process.
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The Housing Corn mission recommended Option 3 and Staff recommended Option 1, however they both
agreed that a shift from the calendar year to the fiscal year is advantageous.
Public Hearing Open: 7:15 p.m.
Rad Welles/381 N. Mountain Ave/Stated there is a property located in Ashland that could be used for
affordable housing, but the City would have to act on this opportunity before January 2005. He voiced his
support for retaining the current schedule so that the proposal for affordable housing could be heard.
Rachel Whitley /289 Grant St/Stated the Council should seriously consider acting on RVCDC's proposal
for affordable housing this year.
Ron Demele/165 Crocker St/Executive Director of RVCDC/ Stated RVCDC has a proposal for
affordable housing that they would like to submit to the City. He explained that they currently have an
option on the property and the funding is in place. If the Council shifted the program to the fiscal year
calendar, they would lose their opportunity to act on this affordable housing project which could create 16
new units in Ashland. Mr. Demele stated the proposed housing would target individuals at 50% of the
median income and that the project is fully sponsored by the Federal Government. Mr. Demele voiced his
support for Option #:3.
Teresa McCants/375 Kent St/Voiced support for RVCDC's proposal to provide affordable housing in
Ashland. -
Floyd Pawlowski/415 Pompadour Dr/RVCDC Board member/Stated the time change for the
granting of CDBG funds would put their proposal in jeopardy. He asked that the Council retain the current
funding timeline, which would allow RVCDC to present their proposal for affordable housing in Ashland.
Public Hearing Closed: 7:23 p.m.
Mr. Goldman clarified that, if the Council wanted to act on Option 3 and move forward with RVCDC's
proposal, the Housing Commission would need to review the proposal in October. The City Council would
then make a review in November, and Staff would complete an environmental review and action plan that
would be submitted to HUD. Mr. Goldman stated that having this process completed by January may be
too optimistic and that it would likely be late January or early February before funds could be awarded. He
further clarified that HUD has a 3D-day review period and occasionally a proposal is returned to the City
for corrections and the 3D-day period starts anew.
Mr. Goldman stated that RVCDC had agreed with the program year shift, and that their concern regards
the allocation of the 2004 funds. Council discussed the benefits of following through with the already
started RFP process. Mr. Goldman clarified that if the property in question could not be purchased by
January, the City would not lose anything and tlile funds would be aggregated with the 2005 award.
Councilor Morrison/Hartzell m/s to approve Option #3. Voice Vote: all AYES. Motion passed.
o
2. Public Hearing and Adoption of a Resolution Authorizing and Ordering the Local
Improvements for the Construction of Improvements to Nevada Street Consisting of
Sidewalks, Curb Extension Planter Areas, Pedestrian Safety Improvements to Intersections,
Drainage and Associated Improvements 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.
Public Works Director Paula Brown declared a potential conflict of interest, stating that she and her
husband own the property located at 8.00 Cambridge Street and 810 Cambridge Street. Ms. Brown noted
she was asked by both a Council member and the City Administrator to assist with this project.
Ms. Brown stated the design presented to the Council would improve traffic and pedestrian safety and
would slow speeds throughout the neighborhood. She explained that the primary goal of this project is to
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City of Ashland, Oregon - Agendas And Minutes
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improve safety and noted the following objectives that were used for the design elements:
· Reduce speed of traffic;
· Encourage uniform traffic speed;
· Provide safe and comfortable pedestrian route;
· Provide safe and comfortable bicycle route;
· Provide safe motorist route;
· Maintain safe and unimpeded emergency access;
· Maintain street function as a neighborhood collector;
· Increase livability of the neighborhood (noise, trees, sign, clutter);
· Balance street function, safety and livability; and
· Reduce impact of anticipated traffic increase.
City Engineer Jim Olson explained this process began over 2 years ago when a small group of citizens
approached the Engineering Department with a proposal for sidewalks and traffic calming elements on
Nevada Street. The proposal came forward at the same time the Billings Ranch subdivision was up for
approval by the Planning Commission and concern was raised regarding the increase of traffic generated
from the Billings development. Mr. Olson stated the assessment district was identified as those lots
fronting Nevada Street and included the Billings Ranch subdivision, which was part of the plan of approval
for the Billings development.
Mr. Olson displayed the initial plan presented to the neighborhood in December 2003 and pointed out the
various elements of the plan. He explained that the initial plan was not well re~eived at the December
neighborhood meeting. A citizen's panel was then formed and met with Staff almost every other week
from December 2003 to May 2004 to create a consensus plan that would be acceptable to the majority of
the residents and not just the properties in the assessed district. Mr. Olson stated the culmination of the
work of the citizen panel resulted in seven different plans which were condensed down to three options
through the efforts of the Fire, Public Works, Engineering and Planning staff. All of the elements in the
three proposals were taken directly from the seven plans submitted by the citizens. In May, the three
proposals were presented to the neighborhood and it was narrowed down to one plan. In June, the
neighborhood and Staff met once more and the design before the Council is the result of the June
meeting.
Mr. Olson pointed out the various elements of the current proposed plan. Ms. Brown clarified that
sidewalks will only be placed on one side of the street and stated the proposed bump-outs will be large
enough to support trees.
Public Hearing Open: 8:01 p.m.
Kristie Franks/290 W. Nevada St./Asked the Council to reconsider the inclusion of the bump-out at the
corner of Glendower and Nevada, which would save the Cedar tree and hedge that protects her property
from noise and light. Ms. Franks expressed concern regarding the lack of traffic calming in the plan.
Dian Brandenburg/8S W; Nevada StjExpressed concern with the bump-outs, stating they can cause
difficulties for large vehicles when passing oncoming motorists. She stated that embedded crosswalks can
be difficult to see and suggested that the City start by installing painted crosswalks.
Christina Lindquist/Spoke in favor of the LID due to safety issues and submitted a handout that noted
the safety risks to children under the age of 10.
John Semple/18S Almeda Dr/Stated he attended most of the meetings and noted the positive changes
from the initial plan. He voiced his appreciation that the bump-outs had been toned down, but voiced
concern with the "noisy crosswalks" and suggested instead that some sort of warning devise be placed
before the vehicle reaches the crosswalk.
AI Bodin/119 Cypress Circle/Noted he frequently bicycles on Nevada Street. Mr. Bodin stated he does
not live within the LID boundary, but would like to be included in the assessment district so that his voice
will be heard. He does not support the proposed bump-outs due to his physical impairments and
expressed concern regarding the number of votes allocated to Mike Peru of the Billings Development. Mr.
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Bodin stated he was berated by Staff during the neighborhood meetings and asked that the LID be
postponed so that the problems could be rectified.
Anne Bodin/119 Cypress Circle/Stated the conflict of interest issues had not been resolved and have
impeded acceptable progress. She stated that all of Quiet Village will be affected by this project, but many
have been.excluded from the LID and Staff has neglected their opinions and ideas. Ms. Bodin voiced
opposition to the proposed bump-outs, stating they fail to reduce traffic speeds. She stated that her
comments along with others had been verbally denounced by Staff and requested that the Council
postpone the formation of the LID so that a thorough investigation could take place.
Nora Knox/216 W. Nevada St/Read aloud a newspaper article about an elderly man who was killed by
a motorist on Nevada Street. Ms. Knox voiced support for the current plan as presented by Staff. She
explained that this project began as a grass roots effort by residents along Nevada Street to improve their
street and it has turned into a bitter process that has pitted neighbor against neighbor. Ms. Knox stated
that instead of allowing the traffic engineering experts to plan the street improvements, the neighbors
took it upon themselves to draw up the plans and were unwilling to allow outside information from the
professionals. She commented on the speeding problem on Nevada and stated the problem will only
increase once the subdivision in completed. Ms. Knox stated she supports the sidewalks, stamped
concrete crosswalks and small bump-outs. She does not like the lack of traffic calming in the proposal, but
is willing to accept the current plan because she would like to see something done.
John Whitesitt/15-6 W. Nevada/Commented on his involvement with the citizen's committee and noted
that he was their elected spokesperson. Mr. Whitesitt stated the consensus plan adequately reflects the
concerns of the neighborhood and stated the committee agreed to the proposed plan. He noted that the
seven plans were submitted to Staff because the group was not able to agree on a single plan. Mr.
Whitesitt stated he personally supports the consensus plan and asked that the Council move quickly for
the safety of the residents. He also asked that the Council not be swayed by those individuals who are
unwilling to compromise.
Jerry Mulloy/1S3 W. Nevada/Acknowledged that there are safety issues on Nevada Street. Mr. Mulloy
stated the entire Quiet Village neighborhood should be part of the LID and does not agree with excluding
the residents of the side streets. He expressed disappointment that the developer was given 69 votes,
which is more than the votes given to the people who currently live on Nevada.
Gail Patton/S22 Michelle Ave/Stated she was involved with the citizen's panel and noted comparisons
to the Tolman Creek LID. Ms. Patton stated the side street property owners are willing to shoulder some
of the cost burden, but would like for their opinions to be heard as well. She stated that safety is the
primary concern for everyone and noted that emergency crews will have a difficult time navigating a
narrower street.
Lyn Horstemeier/920 Cambridge St/Noted her involvement with the citizen's panel. She suggested
that the plan be "road tested" first to determine the actual effects to each property owner. She stated that
both the City of Portland and Corvallis perform road tests before beginning any construction and that the
Nevada LID would benefit from this sort of action.
Renee Swenson/360 W. Nevada StjStated she is in favor of the LID and is in favor of the consensus
plan.
Jim Young/240 W. Nevada St/Acknowledged the work of Staff and his approval of the proposed plan,
although he wished there was more traffic calming. Mr. Young stated there has always been a speed
problem on Nevada and requested that something be done in regards to the safety issues.
Tony Kerwin/350 W. Nevada St/Noted his involvement with the citizen panel. Mr. Kerwin stated the
current plan addresses the issues raised by the neighborhood and asked the Council to move forward and
accept the LID as proposed by Staff.
Linda Vanderlipj325 W. Nevada St/Stated she approves of the assessment district and requested that
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the Council approve the proposed plan.
Will Schmidt/8S W. Nevada St/Stated that he is an EMS and noted that any type of street narrowing
would hinder emergency response times. Mr. Schmidt stated that there are other measure that can be
taken to calm traffic and slow speeds other than bump-outs. He noted that motorists often swerve to
avoid the bump-outs, which could put pedestrians at further risk. Mr. Schmidt stated that there are many
children in the Quiet Village area and supports educational tools for children in regards to traffic safety.
Bryan Holley /324 Liberty St/Stated that he had been following this matter closely even though he does
not live in the neighborhood. He commented that bump-outs might seem like a good idea for pedestrial1s,
but that they can create issues for emergency vehicles. He also commented on the ~'Three E's: Education,
Enforcement and Engineering". Mr. Holley stated if the City enlarged the LID boundary, they could more
effectively educate the neighborhood about the speed issues. He stated that the rumble strips would be
noisy and that they don't always work, and that a ladder crosswalk with a white boundary might be more
effective.
Chris Hald/275 Cambridge St/Stated he participated in the community group and voiced opposition to
the LID as presented by Staff. Mr. Hald stated he would like to see painted crosswalks and a sidewalk on
the south side. He also commented that many of the homes on Nevada have multiple vehicles and the
cars parked along the street create a traffic calming effect.
Paige Morse/746 Cambridge St/Stated she lives on-a side street of Nevada and does not understand
why side street property owners are not included in the LID. Ms. Morse voiced opposition to the Billings
subdivision having the majority of the votes. She commented on the rumbling crosswalks and stated that
conscience traffic calming makes more sense. She stated the sidewalks should be more noticeable and if
they do insert rumbling, it should be placed before the crosswalk. Ms. Morse also noted the safety issues
on Laurel Street and encouraged the Council to look into this street as well.
Joaquin Saloma/368 York StjStated the residents on the side streets should have a vote in regards to
the LID as they also have to travel on Nevada to get to and from their homes.
Tia Hatch/815 Michelle Ave/Statement was read aloud into the record.
Art Bullock/791 Glendower StjStated that he represented the majority of the Nevada Street property
owners. Mr. Bullock explained that of the 53 properties in the assessment district, 30 of the property
owners had signed a petition objecting to the plan presented by Staff. He explained that the majority of
the residents do not support bump-outs, rumble strips, street narrowing, storm drain relocation and trees
in the street. The majority does support a south side sidewalk, painted ladder crosswalks and side street
stop signs for pedestrians to cross safely.
Kris Daly /33S W. Nevada St/Stated that it is not fair that Mike Peru was given the right to vote for
properties that do not sit on Nevada Street. He commented that it could be years before the project is
complete and feeis that the side streets residents should be allowed to vote on the project.
Bob Armen/375 Oxford St/Stated he supports the opponents of the LID and that there are safety
issues with the bump-outs. Mr. Armen questioned why Council didn't seek ODOT approval of the plans. He
also disagreed with the number of votes given to developer and stated it is an insult to the residents of
Quiet Village.
Public Hearing Closed: 8:55 p.m.
City Engineer Jim Olson clarified that the proposed crosswalks would have parallel lines painted on the
outside of the concrete embedment, and that the reflective paint markings would be visible at night. The
scored pattern in the crosswalks would be a two-foot square pattern and would serve as a passive
reminder to motorists. It is not a rumble strip, which has scoring at 2 to 3 inch intervals.
Mr. Olson also clarified the Fire Department was involved in the planning process from the very beginning
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. City of Ashland, Oregon - Agendas And Minutes
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to eliminate any emergency response time concerns.
Public Works Director Paula Brown clarified the plans were not submitted to ODOT because they do not
manage city streets, only freeways and highways. However the design was prepared in concert with the
ODOT requirements, especially in regards to the bicycle and pedestrian elements of the design. Mr. Olson
clarified that ODOT is very supportive of bump-outs, embedded crosswalks and the other traffic calming
measures included in the proposed plan.
Mr. Olson clarified that adjusting the sidewalk around Ms. Frank's residence to save the hedge was an
option and noted that Staff had already planned to save the Cedar tree mentioned.
Ms. Brown clarified that in order to install sidewalks on both sides of the street, they would have to
eliminate on-street parking. Mr. Olson added that the street is not wide enough to have bike lanes and
parking on both sides.
City Attorney Mike Franell clarified that the petitions submitted by the property owners, who reside within
the LID assessment district, could count as remonstrances. However, with only the votes from the Billings
Development, the 2/3 requirement in favor of the LID is fulfilled. Mr. Franell also noted that even with a
100% remonstrance, the City could still move forward with the sidewalk project.
Councilor Morrison/Hartzell m/s to approve Resolution #2004-31. DISCUSSION: Councilor Laws
stated that traffic would increase significantly once the Billings development is complete aAd stressed the
importance of the Three E's: Engineering, Education and Enforcement. He commented that bump-outs
provide the best means of giving the appearance of a narrow street and reducing traffic speeds, and that
the disadvantages of the bump-outs are outweighed by their advantages.
Councilor HartzellfJackson m/s to extend meeting to 10:30 p.m. Voice Vote: all AYES. Motion
passed.
Councilor Laws explained that the developer should be included in the LID assessment because their
development would have a strong impact on the area and that they should pay for a substantial part of
the improvements. In addition, he explained that Staff had abided by the precedent set by Council, in that
those properties directly involved with the improvements are the ones that are charged.
Roll Call Vote: Amarotico, Hearn, Hartzell, Morrison, Laws and Jackson, YES. Motion passed.
Mr. Olson clarified that it is against the law to place a bike lane on only one side of the street. The only
way to install just one lane would be to put a physical barrier between the traffic lanes and the bike lane.
Councilor Morrison/Hartzell m/s approve the 90% plan and to allow Staff consideration in the
final design of the LID to include the suggestions of sidewalks on both sides of the street
between Helman Street and Voris Street, and to extend the bump out on the Frank property.
DISCUSSION: Council asked that their suggestions not be given special attention over the concerns
raised by the residents. Mr. Franell clarified that passing this motion would allow Staff to assemble the
proposed assessment and move forward with the project. The next time this would come to Council would
be at the final assessment hearing at the completion of the improvements. Mr. Franell also clarified that
once the public hearing concluded there is no more opportunity to file a remonstrance. The only
opportunity for an appeal is under the writ of review process, as stated in the Ashland Municipal Code.
Roll Call Vote: Laws, Amarotico, Hartzell, Jackson, Morrison and Hearn, YES. Motion passed.
PUBLIC FORUM
Leslie Ormanian/4093 Tenino Terrace/Stated he was wrongfully terminated from his position with the
City of Ashland and spoke regarding what he perceives as rampant abuse of the Ashland Fiber Network. Mr.
Ormanian stated computer equipment was given to employees for personal use and noted a lack of proper
records within the AFN department.
UNFINISHED BUSINESS (None)
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NEW AND MISCELLANEOUS BUSINESS
1. Ashland Fiber Network Quarterly Report.
Electric and Telecommunications Director Dick Wanderscheid and Finance Director Lee Tuneberg
presented the AFN Quarterly Report. Mr. Wanderscheid pointed out the comparisons in the report
regarding revenue type between the Old Plan, the 2004 Plan and the Actual. He noted the promotion
activities and the planned targets for acquired accounts. Mr. Wanderscheid stated that Staff would be
revising the format of the Quarterly Report to better reflect the figures that need to be tracked. He also
explained that the plan recognizes that accounts would increase with the beginning of the Southern
Oregon University school year. Mr. Wanderscheid stated that they had not noticed any resistance to the
price increase and that most of the lost accounts are due to people moving away.
2. Quarterly Financial Report - April - June, 2004.
Finance Director Lee Tuneberg presented the Quarterly Financial Report. He pointed out items of interest
in his report and commented that the auditors will be arriving soon.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Reading by title only of "A Resolution of the City Council of the City of Ashland Reiterating
its Policy of Relating the Expenditure of .Monies for Economic and Cultural Development to
the Hotel/Motel (Transient Occupancy) Tax and Repealing Resolution 2004-11."
Delayed due to time constraints.
OTHER BUSINESS FROM COUNCIL MEMBERS
Councilor Jackson noted a Living with Wildfire in Ashland Forum on September 9,2004 at the Community
Center from 7 p.m. - 9 p.m. The Forest Lands Commission and Ashland Fire and Rescue will be present to
speak about the Community Wildfire Protection Plan that is currently being developed.
ADJOURNMENT
Meeting adjourned at 10:30 p.m.
Barbara Christensen, City Recorder
Alan DeBoer, Mayor
End of Document - Back to Top
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5/23/2006
< .
EXHIBIT 6
~t.( cSJ
RESOLUTION NO. iii
A RESOLUTION AUTHORIZING AND ORDERING THE LOCAL
IMPROVEMENTS FOR THE CONSTRUCTION OF IMPROVEMENTS TO
NEVADA STREET CONSISTING OF SIDEWALKS, CURB EXTENSION
PLANTER AREAS, PEDESTRIAN SAFETY IMPROVEMENTS TO
INTERSECTIONS, DRAINAGE AND ASSOCIATED IMPROVEMENTS
AND AUTHORIZING THE CITY TO BORROW Mo'NEY AND ISSUE AND
SELL NOTES FOR THE PURPOSE OF PROVIDING INTERIM
FINANCING FOR THE ACTUAL COST OF THE LOCAL IMPROVEMENT
RECITALS:
_A. The Council has declared by resolution its illtention to develop the improvements -
described in the above title and in the improvement resolution previously adopted and
to assess upon each lot or part of lot benefited by the improvement its proportional
share of the cost of the improvement; and
B. Notice of such intention was duly given, a public hearing was held and it appears to
the Council that such improvements are of benefit to the city and all property to be
assessed will be benefited to the extent of the probable amount of the respective
assessments to be levied for the costs.
THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES:
SECTION 1. A local improvement district is created and shall consist of all the tax lots
described in the attached Exhibit A. The district shall be called the Nevada Street Local
Improvement District, No. 85.
SECTION 2. The council intends to make local improvements to provide the
improvements described in the above title. Such improvements will be in accordance
with costs estimated to be $173,500.00 of which $71,900.00 will be paid by special
assessments on benefited properties. Costs will be allocated based on $575.20 per
equivalent dwelling unit or potential equivalent dwelling unit within the assessment area.
Lots will be assessed as specified on the attached Exhibit A.
PAGE 1-FORMATION RESOLUTION
(C:\DOCUME-1\BERTEAUF\LOCALS-1\TEMP\lID NEVADA RESODOC)
SECTION 3. The City of Ashland is authorized to borrow money and issue and sell
notes for the purpose of providing interim financing for the actual cost of the local
improvement. The notes may be payable from the proceeds of any bonds, issuance of
additional notes or from any other sources from which the bonds are payable. This
borrowing shall be issued according to the terms of ORS 223.235(7).
SECTION 4. The City of Ashland expects to make expenditures from its available funds
to pay for the costs of the improvement project. The City reasonably expects to issue
bonds or other obligations (the "Reimbursement Bonds") and to use the proceeds of
the Reimbursement Bonds to reimburse the City for the expenditures it makes.from its
available funds for the improvement project. To permit interest on the Reimbursement
Bonds to be excludable from gross income, the Internal Revenue Code of the United
States requires that the City declare its intent to reimburse itself from Reimbursement
Bond proceeds within 60 days after the expenditures are made. The City expects that
the principal amount of the Reimbursement Bonds will not exceed $90,850.00.
SECTION 5. The assessment imposed upon benefitted properties is characterized as
an assessment for local improvement pursuant to ORS 305,583(4).
SECTION 6. The city recorder is directed to prepare the estimated assessment of the
respective lots within the local improvement district and file it in the lien records of the
city.
SECTION 7. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code
~2.04.090 and duly PASSED and ADOPTED this 7 day Of/~ 2004.
~~
Barbara Christensen, City Recorder
SIGNED and APPROVED this
7
day of
s~r+
,2004.
/
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Alan W. DeBoer, Mayor
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)
PAGE 2-FORMATION RESOLUTION
(CIDOCUME-1IBERTEAUF\LOCALS-lITEMPILlD NEVADA RESO.DOC)
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