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HomeMy Public PortalAbout1994-04-21 Town of Tmckcc TOWN COUNCIL REGULAR M[lrrlNG APRIL 21, 1994 6:00 P.M~ Tmckee Donner Public Utility District Boanl Room 11570 Donner Pass Road CALL TO ORDER Mayor Eagan called the meeting to order at 6:08 PM. ROLL CAII, Town Manager Wright called the mil. Council Members Aguera,, Carpenter, Cross, and Mayor Eagan were present. Council Member Botto was excused. Also present were Town Manager Stephen L. Wright, Town Attorney J. Dennis Crabb, Public Works Director Jori Lander, Community Development Director Tony Lashbrook, and Executive Secretary Linda Filbin. PI I~GE OF P,l I~FGIANCE. All those in attendance stood for the pledge of allegiance led by Jacqui Gay. PUBLIC COMMENT. No public comment. PRESENTATIONS: 5.1 Truckee Tahoe Skating Rink Association. Bob Yoder gave a presentation on this proposed project and displayed a model of the multi-ptapose rink. It is proposed to be built in an area between the rodeo grounds and Highway 267, and plans to serve the Truckee Tahoe Basin area. The proposed cost of the facility is $1,200,000. The Council indicated general support of the efforts of the Association, although there is no money available to contribute. 5.2 Proclamation regarding Nordic Ski Teams. Mayor Eagan presented a proclamation to Tahoe-Truckee High School Nordic Ski Coach, John ~. CONSE2NT C.~I~NDAR. Council Member Aguera moved, seconded by Council Member Carpenter, which motion passed unanimously, to approve the consent calendar as follows: 6.1 Minutes from April 7, 1994 Regular Meeting. Approved. 6.2 Motion to Waive Reading of Ordinances. Approved. 6.3 Adoption (Second Reading) of Parking Ordinance. Adopted. ]V~nutes of April 21, 1994 Regular Meeting Page 2 -- 6.4 Adoption (Second Reading) of Bed & Brealffast Ordinance. Adopted. 6.5 Establishment of Town Position for Town Planner and Building Inspector. Motion to Adopt Resolution approving temporary hourly rate for Building Inspector and establishing salary range for Town Planner position. Adopted. 6.6 Approval of Amended Sierra County Animal Control Agreement and authorization for Town Manager to execute same. Approved, with modification to add that should the maximttm of $3500 in any year be reached, the Town would have no further obligation to provide service unless Sierra County authorizes further payment. 6.7 Approval of Sign Grant Agreement and Adopt Resolution authorizing Town Manager to execute same. Approved. 6.8 Approval of USFS Master Agreement for Road Improvements and Adopt Resolution authorizing Town Manager to execute same. Approved. PUBLIC HF, ARIN~~P~I.q 7.1 River View Village: Reconsideration of Town Council Denial of a change of zone fi.om R-1 to R-1-7500-PD-X and a forty (40) lot tract map with consideration of a Negative Declaration and Direction to staff. Mayor Eagm opened the public heating at 6:34 PM regarding the above- referenced denial. The Council accepted all past project documents. Director Lashbrook made a presentation describing the background of the project, a brief description of the project, the crux of the hearing with respect to state law and limitations, General Plan consistency, and traffic issues. Director Lashbrook displayed a diagram of the project to show the road system and access to and fi'om the project, including proposed intersection improvements for traffic flow, which would provide significant improvement on River View Drive, including a sidewalk from Highway 267 through the project that would be added. Intemal narrow roads would also be provided. Director Lashbrook reviewed staff report emphasizing the limitations on review of the project imposed by State law. Gordon Shaw of Leigh, Scott & Cleary was introduced to present how the traffic study was conducted. Mr. Shaw explained that he used a four-step process which included traffic generation, traffic distribution, assignment of distribution and IVfinutes of April 21, 1994 Regular Meeting Page 3 examination of overall impact. He attempted to use conservative assumptions, e.g., no bypass, explained level of service (LOS), and said that even though there would be mom trips generated by the project, overall there was no significant adverse impact. Director Lashbrook explained that it was Plannlng's task to review the project based upon general plan consistency and traffic, subject to the limitations imposed by State law. Plannings recommendation is (a) adopt a negative declaration, (b) approve the zoning and (c) approve the tentative tract map. Attomey Crabb explained that under a motion for reconsideration, only those issues contained in said motion (traffic and general plan) can be considered. Findings must be supported, as if being defended in a court of law, and cannot be comprised of emotions, anecdotal feelings, etc. There was continued discussion regarding traffic and zoning matters. The project applicant, Tom Boekbinder, then spoke about the project and his philosophy regarding affordable housing. The Mayor then asked for public comment, and reminded speakers that only two issues were allowed-traffic and general plan consistency. Jim Smith asked Attomey Crabb if traffic impacts at Commercial Row were a significant cause to justify denial of the project? Attorney Crabb said yes if such a finding of those impacts was established; however, LOS F would occur even without the project. Mr. Smith asked whether or not the bypass is approved, would additional traffic fi.om Gooseneck and other traffic on Highway 267, wan'ant denial? Attomey Crabb said no, it would not. Mr. Smith stated that this project is small, but that cumulative traffic is what should be considered. Attorney Crabb responded that the legal limitations of review of affordable housing projects preclude denial based upon cumulative impacts. Denny Anderson asked if LOS F was enough reason for denial? He also said that the traffic study did not take into account Reynolds Way and Highway 267. Hans Osterman said he represented the senior citizens who are scared of the development, that it will add noise and other upsetting elements to their lives. He stated that although the seniors do not want to infringe on others' property rights, the seniors would like to keep the status quo. Seniors do not want to be moved and have concem for the inner road system. Don Colton spoke about street standards and the traffic study. Minutes of April 21, 1994 Regular Meeting Page 4 Fred Bradbuty mentioned sidewalks and future population. Denny Dickinson said that he had written the Town Council a letter on April 21, 1994, citing the matter of a gate being placed for emergency access only, and then the gate being removed making a through street. He said the developer should mitigate the problem. Kathy Kreiger talked about traffic issues, asking if an EIR is required by CEQA. Regarding general plan consistency, she suggested that there was an opportunity to postpone the project until the general plan has been adopted, and asked if this was the granting of another variance. Don Casler said that he is a proponent of the project and spoke about traffic concerns and zoning density and general plan consistency. Chuck Holt asked for clarification, i.e., are we bound by six options? Did Mr. Shaw take into consideration the Town's corporation yard with respect to traffic flows? Don Bennett asked is there a limit where no development would be allowed? With no further public comment, Mayor Eagan called the public hearing to a close at 7:52 PM. There followed mom questions from Council directed to Mr. Shaw and the traffic study and discussion about affordable housing requirements. Mayor Eagan moved to adopt a negative declaration and directed staff to file a notice of detemiinafion pursuant to Town rules to implement CEQA, which Council Member Carpenter seconded, and the motion was unanimously passed. A brief discussion ensued by Council Members that they were feeling frustrated with the process that the Town's "hands are tied." Mayor Eagan expressed concern about cmulative traffic impacts and that this project alone could not justify an adverse effect. Mayor Eagan also recognized that although the number of homes does not seem large, it creates an impact when it is "in your own backyard." Mayor Eagan told the applicant that the Council did not know some facts before this meeting. Council Member Cross said that he had not been looking at the cumulative impacts at the time; rather, he interpreted only the project's impacts. Mayor Eagan moved that the Town Council introduce to fn'st reading by title only an ordinance to change zone from R-1 Single Family to R-1-PD-X Single Family 7500 sf lot minimum planned development-restricted subdivision subject to the Minutes of April 21, 1994 Regular Meeting Page 5 findings recommended by the Planning Commission and staff. The motion was seconded by Council Member Carpenter and unanimously passed. Mayor Eagan said she felt concern that ail issues had not been addressed. Director Lashbrook spoke about the woodstove buy-back policy which was an oversight. There was a question regarding the gate, i.e., can a locked gate be in place? Should this be researched? Town Manager Wright suggested that the gate issue be withheld until that determination is made at the PD hearing. Mayor Eagan asked if this was a TSSA (Town Special Service Area). Town Manager Wright said he remembered discussion on this matter. Director Lashbrook said that language could be included to bind the developer to not protest the formation of the special district. Mayor Eagan mentioned the 20-year deed restriction on the 10 units, and spoke about the concept of owner-occupancy to assure qualifiers for low-income housing would not rent their units out. Director Lashbrook said that the residents will pay their fair share of maintenance and should be reflected in the subdivision's CC&Rs. Discussion continued regarding these matters. Mayor Eagan moved for approval of Tentative Tract Map 93-004 as recommended by the Planning Commission subject to conditions as modified herein and based upon the findings as modified herein. Council Member Carpenter seconded the motion, and motion was unanimously passed. Mayor Eagan asked to take agenda item 9.1 out of order because a representative in attendance needed to drive home following the discussion. 9. STAFF REPORTS 9.1 Placer Waste Stream Agreement. Memorandum of Understanding between the Town of Truckee and Placer County concerning the Eastern Regional Landfill. Revisions in the MOU were addressed. Public Works Director Jon Lander stated that the Town has an opportunity to join in a regional system, with Placer County being the lead. Director Lander explained that the Town would comprise 35% of the waste stream system and that there are benefits to being a participant. He then introduced Will Dickimon of Placer County to answer questions from Council. Discussion followed on the subjects of insurance coverage, such as what type of coverage would the Town need, the Town's liability; the contract with the Lockwood facility in Nevada; rates with respect to increases; term of agreement; tipping fees; cost-effectiveness; release fi'om agreement; AB939; CSA #7; timeliness; and options. Mayor Eagsn called for a break, and the Council reconvened at~er ten minutes. 1Wlnutes of April 21, 1994 Regular Meeting Page 6 9.O 10. 11. Public Comment: Jim Goulding said that he preferred the Town to be a "co- insured." Attomey Crabb said that types of insurance coverage are offered and the Town will have to take what k is offered. Mr. Goulding also commented that he liked the way Truckee's current operation is mn, i.e., the customers do not have to pay a "per can" fee. He said that all Truckee residents, Nevada and Placer County, should pay the same fees. The staff was directed to (1) bring back a clearer picture of the process and fees, and (2) work with Placer County to modify the language in the MOU. COUNCIL IMMEDIATE (9-12 MONTH) PRIORITIES 8.1 Review of General Plan Vision Statement and Direction to sta~. Director Lashbrook revised the Vision Statement prepared by the consultant to mom accurately reflect input from Council and citizens. There was considerable discussion regarding the components and wording of the statement. Director Lashbrook was directed to revise the statement again, based on comments from the Council, and bring it back to the next regularly scheduled meeting. STAFF REPORIS 9.2 Fee Reduction or Waiver Requests. Director Lashbrook said that he sent the proposed policy to various agencies for feedback, and that one-quarter of the agencies responded. The feeling is that the agencies should pay for the cost of services. Mayor Eagan asked what if there is undue hardship? How does the policy define that situation? Director Lashbrook said the language gives some flexibility. Mayor Eagan suggested the language to dictate "no fee waivers." Town Manager suggested that an applicant must provide an extraordinary finding. Council Member Cross said that the Town needs a fund established for fee waivers, thus paying for the fee rather than waiving it. Staff was directed to modify the language based on input and be placed on the consent calendar at the next regularly scheduled meeting. UNFINIS~ BUSINESS. None. 11.1 Council Member Cross distributed information regarding TransCal Field Operational Test Program Abstract, a two-year program for Council's review. Cross also said that the Nevada County Transportation Commission approved a letter for $2.41 million revenue for right-of-way acquisition from Highway 49 to Minutes of April 21, 1994 Regular Meeting Page 7 12. 13. be reallocated to the Highway 267 Bypass. Additionally, Cross said that there is $91,000 potentially allocated for the Town's use which could possibly be used for the Town's portion of local matching funds for the Glenshire Bridge project. There is no guarantee of these funds, as they are discretionary. There are also Section 18 funds of $11,600 due to the Town to be used for transportation-related projects, which will flee up LTF monies. It was suggested that Public Works Director Lander write to Dan Landon of the NCTC for the Glenshire Bridge to be included in the STIP. There will be an "Unmet Needs" hearing on May 18 at 9:30 AM at the Senior Center in Truckee. Staff was directed to inform the public and appropriate agencies about the hearing. The Mayor provided a stares report on the Cui-ui fish matter stating (1) every effort is being made for clear and complete communication among all agencies; (2) that she sent om a letter recapping the results of the negotiations meeting and that Council will receive copies; (3) the Cui-ui fish began their movement early which is positive news. Council Member Cross showed the Council the colors (orange and dark green) of the Town's new trolleys. Council Member Carpenter commented on Solid Waste, saying that parcel charge adjustments will be on Tuesday's agenda, and that the recommendation to the Board of Supervisors will be for a rate decrease. CLOSED SESSION. No closed session. ADJI3URNIV~NT. Mayor Eagan adjoumed the meeting at 11:07 PM. Respectfully submitted, Approved the 5th day of May, 1994.