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HomeMy Public PortalAbout2006-10-26 TOWN OF TRUCKEE TOWN COUNCIL SPECIAL MEETING MINUTES October 26,2006,6:00 p.m. Town Administrative Center 10183 Truckee Airport Road, Truckee, CA 1. CALL TO ORDER - Mayor Ingalls called the meeting to order at 6:00 p.m. 2. ROLL CALL: Council Members Threshie, Susman, Green, Vice Mayor Anderson, and Mayor Ingalls. Also Present: Public Works DirectorfTown Engineer, Dan Wilkins; Community Development Director, John McLaughlin; Town Planner, Duane Hall; Town Attorney, Dennis Crabb; Town Manager, Tony Lashbrook; and Records Technician, Shanna Kuhlemier. 3. PLEDGE OF ALLEGIANCE - led by Charlie Ingalls. 4. PUBLIC COMMENT - none. 5. STAFF REPORT 5.1 Council adopted an uraencv Ordinance 2006-06 enactina a moratorium on the establishment of any use that is not retail. restaurant or bar on the around floor of structures within the Commercial Row portion of the Downtown Truckee Specific Plan Area for an interim period: and direct the Community DevelopmentDepartment and the Plannina Commission to evaluate and make recommendations to the Town Council. after consultina with all appropriate parties. reaardina the necessity for and potential form of reaulation reaardina around floor uses within the Commercial Row neiahborhood ofthe Downtown Specific Plan Area. Town Manager, Tony Lashbrook summarized the special meeting. . At the Council Meeting on October 19, 2006, Council was asked to conduct a special meeting for possible implementation of an urgency ordinance. With the Town Attorney absent there could not be a decision that night: however this meeting was derived from that request. . During a Special Meeting, Council may adopt an interim ordinance; you can not adopt a regular ordinance at a Special Meeting. . The urgency ordinance would allow for a "time out" in order to obtain community outreach prior to any decision by Council. Community Development Director, John McLaughlin presented the purposed urgency ordinance. The ordinance would allow for bar, restaurants and retail but limit office usage between Bridge Street, Donner Pass Road and Spring Street, and the ally behind Commercial Row for an interim time frame. Town of Trucker Uctober 26. 2006 Special Meeting Page] Council has options on how to proceed. o Adopt the Urgency Ordinance with the initial 45 days. This option requires a four-fifths approval. o This option would most likely go beyond the 45 day timeframe. In order to extend the timeframe, a public meeting would be required within the initial 45- days. Then an extension if needed could be presented to Council on December 7,2006. o The urgency Ordinance could be extended for up to a one year time frame. o Not adopt the Urgency Ordinance but have Staff start the public process. Making this a Council Priority. o This would require Planning Division's time to meet this deadline. o Not adopt the Urgency Ordinance, but make it a topic that would be addressed in the Downtown Specific Plan. Council Discussion: Regarding Staff time, how much time is expected? Community Development Director, John McLaughlin responded; his time, Town Planner Hall's time, another planner not yet assigned and the Administrative Secretary. What was the posting time regarding the Special Meeting. Town Manager, Tony Lashbrook responded for a Special Meeting the legal requirement is 24 hour posting. The Town almost had a 72 hour time frame with the staff report and ordinance (Tuesday, October 24, 2006). Lashbrook himself, outreached to some agencies effected. Council brought up Proposition 90 and the economic vitality in the Downtown Core. Council had discussion on the General Plan and the update with regards to this subject. Town Manager, Tony Lashbrook responded; that the 1996 General Plan does not have the verbiage with regards to the issue however; the 2005 update will include this topic. The 2005 General Plan Update has yet been adopted, but is scheduled for Council to adopt on November 16, 2006. Any impact on current office space? Town Manager, Tony Lashbrook responded; it will not impact the existing offices used. Mayor Ingalls opened the item for public comment. John Faulk, Tahoe Sierra Board of Realtors, feels the urgency ordinance is not a prudent policy. Feels the "time out" is pointed towards Real Estate offices. Rents are raised by Real Estate Office's occupying more space, feels this measure could be construed as rent control in a back door manner. Would like Council to consider these points when deciding. Feels the time with the General Plan and housing could be effected negatively if this is put on the front burner. Would like this discussed when the General Plan is approved. Stefanie Olivieri, Truckee Downtown Merchants Association, thanked Council and Staff for scheduling this Special Meeting. This organization asked this topic be discussed at the October 19, 2006 meeting. Feels this topic has urgency and has a long term effect. Feels this matter can be discussed rationally if this time frame is given. Feels if it is not addressed will have a detriment to the vitality of Downtown. Feels if the policy is not changed the situation could erode property values. Town of Truckee (ktoha ~6. 2006 Special Meeting Page 2 Denny Dickinson, Truckee Resident, said he would like to see proposition 90 pass, he would like Council to discuss the impacts of proposition 90 regarding this emergency ordinance. Lillian Richards, Tahoe Sierra Board of Realtors, does not feel an emergency ordinance is a necessity but thinks the public needs more information to decide. Robert Cassidy, Truckee Resident, responded to Mr. Faulk's comment. While Mr. Cassidy enjoys looking at windows in real estate offices, he does not go into the offices. Suggested a lighted display board in Downtown to advertise real estate. While considering retail space as it relates to the ordinance, Mr. Cassidy would like Council to consider an incentive for business to remain open longer in the evening. Misty Young, Squeeze In and Truckee Downtown Merchants Association, appreciates Council's time and support to the community. Would like to compare the ambiance of Disneyland to Downtown Truckee. Ms. Young is in support of the ordinance, additional dialogue, and a comparison of Truckee to other Downtown areas. Gerry Wood, White Buffalo, and Truckee Downtown Merchants Association, he feels there is a critical mix, compare East West development to Downtown. Feels the diversity of the retail is the issue. Feels the mix in Truckee is what draws people to downtown, notjustto patronize one business. Feels the ordinance is a necessity. John Frazier, Truckee Reality Downtown Truckee, has run his real estate office in Downtown for 20 years. Wants to know how this ordinance affects current leases? Town Manager, Tony Lashbrook addressed Mr. Frazier, there will not be a change in zoning to existing office uses. Paula Earl, Hemig and Earl Real Estate, President ofTahoe Sierra Board of Realtors. Being a private property rights supporter, feels this ordinance could affect the Board of Realtors. Would like to speak on the topics of free enterprise and property rights. Thinks the urgency ordinance should only be used for health and safety, and does not feel this fits that definition. Would like the Town to take this issue through the normal process and not adopt an emergency ordinance. Feels the General Plan would address this issue without a convoluted process. Roxanne Duffield, Truckee Resident, has been a resident for 28 years, and is not a part of any association. Her business is in Tahoe City. Feels Downtown is the heartbeat of Truckee. Feels the retail businesses are going out of business due to high rents. Feels Truckee needs a vibrate mix of retail, bar and restaurants and fully supports the urgency ordinance. Ed Coleman, Pacific Crest, Bar of America and Pianeta's, is in full support of the ordinance. Mr. Coleman also said if he had to pay current market rate, he would have to close the doors on his businesses. Looking at rents is important. Lynn Saunders, Truckee Donner Chamber of Commerce, said the outreach from the Town was good. The Chamber put out an e-mail to their members (800 members), small response of about five percent (out of those three-quarters agreed with an urgency ordinance). Most of them wanted more information. Chamber would like to become involved in the community outreach of this issue. Art Chapman, Truckee Resident, has had a business (not in Truckee) which was involved in retail real estate. Mr. Chapman discussed economic cycles for retail real estate. He is highly Town of Truckee October 26, 2006 Special Meeting Page 1 concerned about Downtown Truckee with regards to retail spaces. He feels the dilution of the critical mass that is essential to retail space. He would like the Council to review this quickly, as to protect and preserve Downtown Truckee. Craig, Tahoe Kennel, has been in Downtown for five years, not a member of the Merchant Association. Would like Council to consider the ordinance. Mayor Ingalls closed public comment. Council Discussion: There has not been time to do any analysis just put forth this urgency ordinance to Council. Council Member Susman, disclosed he is a member of the Tahoe Sierra Board of Realtors, does not own property in the Downtown area, and his office that he is affiliated with is not affected by this ordinance. Council Member Susman took a consensus of the room approximately 75 people and only one property owner. His concern is the process and the character of Truckee. He wants it noted that Realtors are not being picked on. The community is concerned on uses in Downtown and rents. With one public comment from one of the largest property owners in Downtown, he felt it was profound that the property owner was voluntarily complying with this ordinance prior to it being policy through the Town. Dennis Crabb, Town Attorney, stated California State law prohibits commercial renUlease control. As a practical matter you can not regulate private contracts from a public agency, but through zoning and entitlements. Need proper mix of retail for a vibrant downtown area. Office space may threaten the vitality of downtown. Pros and cons of extending the ordinance were discussed. Council thanked everyone for their comments and time. Council Member Susrnan stated forthe record, time is of the essence would not like this to be extended for full year, but take the time to do it correct. Would like staff to keep Council updated on time lines and staff time. It was moved by Council Member Green, seconded by Vice Mayor Anderson, and unanimously carried to adopt urgency Ordinance 2006-06 enacting a moratorium on the establishment of any use that is not retail, restaurant or bar on the ground floor of structures within the Commercial Row portion of the Downtown Truckee Specific Plan Area for an interim period and direct the Community Development Department and the Planning Commission to evaluate and make recommendations to the Town Council, after consulting with all appropriate parties, regarding the necessity for and potential form of regulation regarding ground floor uses within the Commercial Row neighborhood of the Downtown Specific Plan Area. Town of Truckec Octoher ~6. 2006 Special Meeting Page 4 6, ADJOURNMENT - at 7:51 p.m. To the regular meeting of the Truckee Town Council on November 16. 2006, 6:00 p.m. at Town Hall, 10183 Truckee Airport Road, Truckee, CA. ir~m;tl" //1 J' r '( h(ul71Lll/( L/i' . (1..{A') J anna D. Kuhlemier, ecords Technician f~ Judy Price, CMC, Town Clerk APPROVED: Town of Truckee October 26, 2006 Special Meeting Page 5