HomeMy WebLinkAbout1997-0520 Council Mtg MIN MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
May 20, 1997
PLEDGE OF ALLEGIANCE
Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers.
ROLL CALL
Councilors Hauck, Hagen, Wheeldon and DeBoer were present, Councilor Laws arrived late
and Councilor Reid was absent.
APPROVAL OF MINUTES
The minutes of the Regular meeting of May 6, 1997 were approved with amendment to page
10, paragraph 4 first sentence should be changed to read as follows: "Councilor DeBoer
questioned whether this LID should be pushed forward."
SPECIAL PRESENTATIONS & AWARDS
1. Presentation of Speech & Debate championship trophy to Ashland High School
Debate Team.
Team Leader, John Tredway and members of the debate team commented on the value of the
debate team and the continued need of support for the team. Commented on the benefits
from the Parks & Recreation levy which helped to support the costs associated with traveling
to the different debate meets.
• Mayor Golden commented on the high amount of pride that the debate team represents.
2. Presentation of Bicycle Commission of current projects, and introduction of
Commission members.
City Council liaison Ken Hagen introduced the members of the Bicycle Commission and
commented on the enthusiasm and commitment of these individuals to the committee.
Janine Elsworth and Larry Hobbs spoke on current projects that are underway, which
included bicycle safety education and bicycle facilities. More bicycle lanes were encouraged
in some of the major arteries and they would like to work with the Planning Department in
networking paths for bicycle access. Requests cooperation of the Planning Department and
Public Works Department in their endeavors.
Darrell Gee spoke on bicycle promotions, commented on the success of the 'Bike to Work"
program, the multi model federal funding program ISTEA campaign, "Earth Day", and
looked forward to the Fourth of July promotion. Austin Murphy commented on the wealth
of information that the commission has available.
Tom Powell member and Pam Barlow, Public Works staff liaison, commented on making
Ashland more bicycle friendly. Barlow is responsible for making Ashland a partner with
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other agencies, and keeping up with what is happening with other agencies on a regional
level.
3. Reading of Proclamations by title only by Mayor:
(a) Ashland Bicycle Commute Week, May 16th through May 23rd;
(b) National Public Works Week, May 18th through may 24th;
(c) World Invocation Day, May 21st;
(d) Community Health Care Week, May 26th through May 31st;
(e) Crosswalk Awareness Week, June 1st through June 7th;
(f) National Wetlands Month, month of May 1997.
Mayor Golden read Ashland Bicycle Commute Week proclamation in full and additional
proclamations by title only.
CONSENT AGENDA
1. Minutes of boards, commissions and committees.
2. Monthly Departmental Reports - April, 1997.
3. City Administrator's Monthly Report - April, 1997.
4. Quarterly Financial Report of Director of Finance for period ending March 31,
1997.
S. Annual approval of Ambulance Operator License from Ashland Fire Department.
6. Memorandum from City Administrator concerning proposed construction for a
wastewater treatment facility for the Mt. Ashland Ski area.
• 7. Approval of liquor license for Peerless Garden Cafe at 265 4th Street (Chrissy
Barnett, applicant).
8. Approval of liquor license for Siskiyou Micro-Pub at 31-B Water Street (Patrick
and Geri Couchman, applicants).
9. Approval of liquor license for Club Bo at 66 E. Main Street (Beasy McMillan,
applicant)
10. Recommendation from Audit Committee for appointment of independent auditors
from 1996-97 to 1998-99.
Councilors Hagen/DeBoer m/s to approve Consent Agenda. Voice vote: All AYES.
Motion passed.
PUBLIC FORUM
None
UNFINISHED BUSINESS
1. Report from Dick Wanderscheid on Watershed Partnership general findings and
recommendations concerning flood restoration projects.
Conservation Manager Dick Wanderschied and Watershed Partnership member Scott Kurtz
reported to council on two meetings that had been held to discuss implementation of the
Ashland Watershed Partnership General Findings & Recommendations concerning flood
City Council Meeting 5-2-97 2
restoration projects in Ashland. Wanderschied explained that at the meeting, various
recommendations from the Watershed Partnership were presented and a group discussion
process began on the feasibility of implementing these items and policy directive for
implementation. He explained that one draft policy was developed to address all of these
items and that if the draft policy was adopted by council, most of the policy issues would be
addressed.
Kurtz commented on the encouragement that the Partnership has with the progress and
communication links with the city. The meetings have been very positive and encouraging.
Felt that the policy statement was an example of staff and public working toward the same
goal. Commented on the commendable efforts that the Public Works Interim Director Jim
Olson has used with the Partnership, for consulting in some the problem areas which have
resulted in solutions and strategies in dealing with these problems. Kurtz explained that the
Partnership will continue to work towards strengthening trust and communication with city
staff including the Parks & Recreation Department. Informed council that Assistant City
Administrator Greg Scoles, has kept the Partnership apprised of the work that OTAK is
doing. There is a majority of the group that feel they are being listened to and that some of
their concerns have been addressed. Also, gave their thanks to Dick Wanderschied for his
assistance.
Councilor Wheeldon questioned the policy statement, in relationship to the area of the park
that the Parks & Recreation Department is responsible for and how this would interface.
Would like to question how public input would be coordinated with the Parks & Recreation
• Department.
Wanderschied explained that the issue of partnership and interfacing with the Parks &
Recreation Department is addressed in the one of the findings. Clarified for council that at
the second meeting of city staff and the Watershed Partnership, Parks Director Ken
Mickelson was in attendance. Stated that the Partnership would like a relationship from the
Parks Department, but need some kind of policy direction from Parks Department, either at
the staff level or the Commission level to adopt a similar policy.
Wanderschied commented that many of the things that are in the proposed policy are
currently being done, but is not written down anywhere. Believes that it is important, should
the council adopt the policy, that the policy is made available to everyone in the field.
Councilor Hagen questioned if there was any discussion amongst staff and the Partnership on
Finding X13, where it was indicated there was money allocated for a storm water master
plan. Felt that the storm water master plan would be a major decision point in dealing with
storm water and flood waters.
Wanderschied explained that there had been a request at the a budget committee meeting for
a study to look at a particular creek, where $55,000 was allocated for a "storm water
management plan". This had been reported at the second meeting of staff and the Watershed
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Partnership. At the meeting it was felt that the $55,000 could not do the whole study and
Nthat it could possibly be done by an RFP and certain creeks would be targeted.
Wanderscheid and Kurtz explained for council under policy statement "A", what "mode of
failure" means. An example of "mode of failure", is an Arizona Crossing. If the culvert
fails, it goes over the road and doesn't take out the bank. It is designed that when you have
excessive flows, the water that gets out of the drainage system, and has a minimal amount of
damage.
Councilors Hauck/Hagen m/s to adopt policy statement. Roll Call vote: Laws, Hauck,
Hagen, Wheeldon and DeBoer, YES. Motion passed.
NEW & MISCELLANEOUS BUSINESS
1. Letter from County Commissioner Ric Holt requesting appointment of Council
member to Strategic Planning Committee to investigate consolidation proposals.
City Administrator Brian Almquist strongly recommends that council not formally approve
this request at this time, as it may cause problems in the recruitment process currently
underway for Ashland Police Chief.
Councilor DeBoer commented that the city should be involved in the process. Councilor
Laws commented that he had concerns about not participating in the process and that it may
not improve our relationship with the other communities. Laws would like to see some kind
of involvement in order to look at the total picture.
• Council discussion on the possibility of jeopardizing the current search for Ashland Police
Chief and questioned the timeline on the request from County Commissioner. DeBoer did
not believe there was a set timeline, and this was more of an intent by the County
Commissioners in getting representatives of the communities participating in the process.
Councilor Wheeldon commented that it is understood there is a need for regional dialog, but
that there may be more specific needs in Ashland. Noted that Ashland has always been
supportive of county levy efforts and felt there can be cooperation, but that it was important
to have a strong law enforcement identity in Ashland.
Laws suggested that the council indicate their willingness to participate, but would not
participate in any study of consolidation of the law enforcement functions.
Hagen commented on his concern of the track record regarding support for funding measures
by the rest of the county as opposed to the support by Ashland residents. Hagen felt he
could support this, if the law enforcement portion was pulled out.
Mayor Golden explained that cities normally subsidize what goes on in Jackson County. It
costs more to provide services to the individuals in the outlying areas compared to those that
live within city limits. Commented that even though Ashland is a generous and supportive
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community, it has per capita, some of the poorest precincts in Jackson County. Feels that
NAshland already consolidates, backs each other up and looks for more ways to be more
efficient.
Laws commented that because of the major focus being put into this proposal, there may be
suspicion of motives made and does not believe that Ashland should be put in this position.
DeBoer felt this was not a decision making group, but only that the county has asked that
Ashland participate in the discussion. Stated that all discussions should be a part of the
committee.--
DeBoer clarified for Hagen that this letter had not come before the School Board at this time,
and that he always encourages discussion.
Fire Chief Woodley explained for council, that the two 911 dispatch system centers are
connected by a "hot line", but are separate centers.
Cate Hartzell commented on the concerns shared regarding the consolidation of the law
enforcement and possible jeopardizing of recruitment at this time.
Wheeldon commented that the letter indicates that goals have already been made and that the
next step is to get cities involved. She would like to get additional information as to the
direction of this committee before becoming a participant.
• Laws suggested and council concurred, that this be postponed until someone from the Go
Team group brings additional information back for council to make a decision with.
2. Request of County Commissioner Ric Holt for $650 contribution to bring
demonstration commuter train to Rogue Valley.
It was suggested that the council put a portion of their stipend toward this contribution.
Councilor Hagen/Hauck m/s to approve request. Voice vote: all AYES. Motion passed.
3. Request to cut newly paved alley.
Interim Public Works Director Jim Olson submitted to council a request from Jerome White
and Dale Shostrum to cut the asphalt pavement surface in the alley north of "A" Street
between Fourth and Fifth Streets. This pavement was installed on August 15, 1995 and is
protected by moratorium until August 15, 2000. Olson reported that the purpose of the
requested cut, is to install lot and footing drain lines to the storm drain line located in the
center of the alley.
Olson reported on background information on this area, that under normal circumstances
downspout and lot drainage is directed to the top of the pavement at the edge of the alley and
allowed to flow to the center of the alley to the nearest down slope catch basin. But, in this
instance the existing grade is too low to provide the necessary slope to the alley surface.
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He felt that it would be possible to provide drainage for both lots by using a combined trench
Nat the common lot boundary with a minimal cut.
A letter from both White and Shostrum was provided to council outlining their request and
the purpose for the cut. The Public Works Department recommends approval of this request.
Councilors Laws/Hauck m/s to approve request. Voice vote: all AYES. Motion passed.
4. Status report on Talent/Ashland/Phoenix intertie project.
City Administrator Brian Almquist summarized memo submitted by Rogue Valley Council of
Governments, Associate Director Paula Brown, PE. Almquist reported to council on the
options that were discussed with the Talent/Ashland/Phoenix (TAP) Water Intertie
Committee, regarding Ashland's interest in funding the incremental construction costs at this
time, and not paying for any capacity or usage driven numbers. He reported that Ashland
has made a initial proposal to Talent/Phoenix, that would allow participation on an
incremental cost basis. This means upsizing the pipe. The additional cost of the pipe, only
as opposed to capacity cost.
Almquist reported that the cost of the incremental upgrade of this pipe would be about
$710,000. When Ashland connected to this pipe in the future, there would be an additional
$516,000 due, plus any bond interest payments that may have been made in the interim. The
total cost of this project would be about $1.226 million.
• Commented that constructing the line down to the Ashland Water Treatment Plant would be
an additional $3.08 million. The grand total with this inclusion, would be $4.3 million at
such time that the line was actually brought down to Ashland. Almquist clarified that this is
a 1997 estimate and does not include the cost of purchasing the water, which would need to
be brought along with the project from Lost Creek reservoir.
The current cost of this water is $625.00 per acre foot, assuming 1.8mgb over a four month
summer period, the cost of purchasing the water rights would be about $415,000. Annual
Operation & Maintenance costs are $35.00 per acre foot, and once connected there would be
an additional cost of$6,000 per year for O&M costs, whether the water is used or not.
Almquist reported on the costs involved to bring all of Ashland's water supply from the
Medford system, peaking at approximately 12 million gallons per day in the year 2050. If
Ashland was to upsize the line to Talent only, the incremental cost increase would be $3.35
million. When Ashland connected to the line, there would be an additional $2.59 million
due, for a total cost of$5.94 million. To bring this all the way to the City of Ashland and
up to the treatment plant for re-chlorination and re-distribution, the grand total cost would be
$12.65 million. Cost for purchasing water rights would still need to be factored into this
total cost.
City Council Meeting 5-2-97 6
Almquist clarified for council that to bring all water supply from the Medford system would
Nrequire a 36" line from Medford to Talent and a 30" line from Talent to Ashland.
Almquist suggested that if it were possible to get a zero interest loan, or low interest loan it
would be in our best interest to consider purchasing water rights at this time.
Almquist reported that there should be additional information on the TID option of piping the
irrigation ditch by October. Council commented that it is important to stay in the process if
it enables Talent and Phoenix to be in a better position for funding.
Concern was shared on the reluctance of putting money out long range, but to continue as
long as it doesn't cost the city any money.
5. Request by the City of Talent for an Intergovernmental Agreement for the
provision of plans review and building inspection services for a two-year period.
City Administrator Brian Almquist reported to council a request from the City of Talent for
interim assistance in their Building Department for plan review and inspection activities
through June 30, 1997. In addition, the City of Talent would like to seek a two-year
Intergovernmental Agreement to continue these services beginning July 1, 1997.
Almquist explained that City of Ashland Building Official Mike Broomfield, analyzed their
service needs and are comfortable that this could be provided at the Ashland City Hall
without any increase in personnel for 75% of the plans review and permit fees. Almquist
• stated that Ashland will not provide any Planning or Housing Code reviews.
Almquist recommended that the City Attorney and himself be authorized to work with City
of Talent official in preparing an agreement that would be submitted to both the Talent and
Ashland City Council for their approval prior to June 30, 1997. Almquist noted that it also
may be necessary to secure approval for the State Building Codes Division, if the Council
approves the current recommendation.
Councilor DeBoer/Hauck m/s to approve request. Voice vote: all AYES. Motion passed.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Second reading by title only of "an Ordinance Amending Sections 18.72.020,
18.72.040, 18.72.180 and 18.68.120 of the AMC relating to Wireless
Communication Facilities (cellular towers)."
Planning Director John McLaughlin clarified for council the addition and changes to the
ordinance on page 4, under subsection (1) and subsection (2).
McLaughlin clarified for council that the reason cell towers are prohibited in the North
Mountain overlay zone and not in all residential zones, is because there are at present no
buildings over 35 feet in height. Explained that there is no vision, in the No. Mountain
Plan, that there would be any building over 35 feet in height. Explained that in other
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residential zones, where there are schools or churches, there may be opportunity to
Ncoordinate cell towers on existing structures only.
City Attorney Nolte explained that to the best of his knowledge, the reason for not allowing
communities to consider health impacts, was that the federal government may have been
lobbied heavily by the providers. The providers were concerned that they would be subject
to a thousand different regulations and concerns by municipalities over the health effects.
McLaughlin clarified that the Historic District is exempt under this ordinance, the only
building that may be allowed would be the Mark Anthony Hotel. Also explained that in
forcing competing companies to negotiate shared use of towers, under Preferred Designs, the
first preferred option is co-location on existing towers.
Question in regards to the possibility of challenging the prohibition in residential zones by
providers could not be determined by McLaughlin. Explained that staff took the strictest
approach in the initial planning of this ordinance, and through testimony, opportunities with
local cell providers, changes were made to allow on existing structures incorporated in the
architecture.
McLaughlin clarified for council that it was the opinion of the planning staff and included in
the first draft of the ordinance, that there is enough area for providers, that "barrier to entry"
would not be a problem, if restriction in residential zones was challenged.
• PUBLIC HEARING OPEN: 8:55 p.m.
Cate Hartze1U881 E. Main/Shared facts she had obtained on the environmental effects and
health impacts by radio frequency emissions. It was her opinion that the industry has already
petitioned the FCC to delay the implementation of these regulations. Felt that compliance is
based upon not considering health effects, as long as facilities comply with existing FCC
regulations, which the industry has requested to suspend. Explained that the FCC regulations
only pertain to the thermal effects of radio frequency, which is the ability to heat or explode.
Hartzell quoted an FDA article that said, there is not enough evidence to say what kind of
criteria should be used to determine the health effects for the non-thermal effects.
Commented that there is indication that attorneys are intending to challenge the
constitutionality of this clause in the Telecommunication Act.
Commented that there are groups and communities in court who have contested the
construction of these facilities on school properties. Commented on studies that showed the
correlation between the increase of public concern on EMF and decrease in property values.
Hartzell feels there are liability issues for the city in the future around these effects that we
are being told you cannot think about. Felt that the concern regarding decrease in property
values could be used as criteria considered in allowing these facilities.
MCity Council Meeting 5-2-97 1 8
Urged council to look again at the Valdez Principles where it indicates being prudent. To
use restraint in allowing these facilities in neighborhoods and schools, and draw boundaries
around areas that can have boundaries drawn around them.
PUBLIC HEARING CLOSED: 9:05 p.m.
McLaughlin clarified for council that the Conditional Use Process would be looking at issues
of neighborhood compatibility, especially in the CUP when it has to be integrated
architecturally into the structure. Does not feel there would be any more pressure put onto
this through the CUP because it is a new technology.
Councilor Hagen proposed prohibiting in residential rather than using the CUP process.
Councilor Hauck in favor of seconding if made into a motion.
McLaughlin pointed out to council that the proposed ordinance has had three previous
noticed public hearings and that the AT&T representative had been at all previous hearings.
Shared his discussion with AT&T representative, where based on this being second reading
of an ordinance, that it was unlikely council would make any dramatic changes in the part of
the ordinance that was previously discussed, such as the CUP for residential zones.
Noted that the original change had been to broaden the ordinance to allow additional tower
locations through stadium lighting.
McLaughlin did not believe council would take this current direction, so the AT&T
representative was not encouraged to attend the second hearing and this was not noticed as a
• public hearing. Requested that council allow opportunity for the representative to review
what was said and offer a rebuttal.
Hauck noted that council had agreed to look at the language regarding the proposed change,
but only to see if it would work before making a final decision.
Councilors Laws/Hagen m/s to postpone approval of second reading on Ordinance #2802
until June council meeting in order to notify AT&T representative. Discussion:
Council discussion on considering alternatives for second reading which prohibits
residential zones and may exempt school districts. Councilor Wheeldon in favor of
relying on the CUP. Voice vote: Laws and Hagen, YES; DeBoer, Wheeldon and
Hauck, NO. Motion denied, 2-3.
Councilors DeBoer/Hauck m/s to amend Ordinance under Zoning Designations (1) page
four, "Only allowed on existing structures greater than 45 feet in height". Roll Call
vote: Laws, Hauck, Hagen, Wheeldon and DeBoer, YES. Motion passed.
Councilors Hauck/Wheeldon to approve Ordinance #2802 as amended. Roll Call vote:
Hauck, Hagen, Wheeldon and DeBoer, YES; Laws, NO. Motion passed 4-1.
City Council Meeting 5-2-97 9
N2. Reading by title only of "a Resolution transferring appropriations within funds."
Councilors m/s to approve Resolution #97-20. Roll Call vote: Wheeldon, Hagen,
Hauck, Laws and DeBoer, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
Councilor Wheeldon shared with council a meeting she attended at the Parks Commission
where a presentation was made by Skip Andrews and Ellen Fabricamp. Wheeldon stated
these individuals offered to facilitate a meeting regarding Flood Restoration. The Parks
Commission was asked, if they were interested in providing a question that would be a center
piece of the facilitation. It was discussed, that because this is a joint effort by the Parks &
Recreation Department and City Departments, that the City Council may also participate in
providing a question relating to the Flood Restoration.
It was discussed then, that the previous public meetings by OTAK may not have been enough
to get all the ideas out from the community. There was an agreement at the meeting that
people would have liked to have met more often before the data was presented by OTAK.
Wheeldon felt this was an opportunity for the council to join in and present a possible over-
riding question to the community.
Shared the Parks & Recreation Department question, "After the flood, how can the Historic
character of Lithia Park be continued?".
• Councilor Laws understood that there was an agreement that there would be additional
meetings of citizens, and different topics would be identified to meet on. He felt this was
being arranged by the people who were currently participating on the coordinating of what
was going on, and does not believe there is any need to bring anyone else in to do this.
Laws not sure what reason there is to have someone else involved or managing what we
currently have.
Wheeldon explained that this offer of mediation was as a gift to the city and to the park. She
describes this as a big brain-storming session, which would allow people to not focus on
specifics, but on the big picture and how people felt about the sense of the park.
Laws stated he had no problem with the proposed meeting, as Wheeldon clarified that the
Parks Commission was in favor of this type of joint session.
Cate Hartzell spoke and shared her understanding on the RFP related to Winburn Way.
And, how to utilize that area in a way that maximizes its ability to handle potential flooding.
Explained that there had been discussion on how to do this holistically, and to include the
rest of the park in this consideration. Questioned what ways this could be done to integrate
appropriate use of the park with its ability to serve its flood plain function. Felt this would
steer people toward thinking about an integrated use approach.
City Council Meeting 5-2-97 10
s -
Laws commented that this was close to the technical aspect, which the consultants were hired
to do, as opposed to the vision. Would like to stay with the vision aspect.
Council did not offer any question for the proposed session, but agreed to continue with this
group and their participation.
Hagen voiced his frustration on meetings that are being scheduled over other city meetings
and the difficulty in keeping informed.
Wheeldon reminded council that a committee needed to be formed for ICCA.
Wheeldon commented on the activity in the air during Sunday's Airport Appreciation Day.
DeBoer shared that there was a great number of children that were given rides and the
enjoyment of all that were in attendance. He understood that this may be a concern of the
citizens, but that this was one day of the year for this celebration.
DeBoer explained that the Airport Commission has been in the process for the past seven
months, to increase height of the airplanes in the pattern. Felt that this would cure a lot of
problems, especially over the golf course area because it will change the turning radius.
Informed council that the Commission is almost through the process, but it is a cumbersome
process in making sure that FAA rules are followed and notifications are done. Believes this
should ch g from 800 feet to 1,000 feet. i
77 ,x- � '041-17 � .
DeBoer stated that the Airport Commission would address and be available to anyone with
questions or problems.
Wheeldon informed council that she had accepted an invitation to join and be part of the
SOREDI Board.
Councilor Hagen requested another council member to attend a Regional Planning Effort
meeting that he would be unable to attend. Councilor Hauck agreed to attend and will
provide packets and materials for council from the meeting.
ADJOURNMENT
Meeting was adjourned at 9:30 p.m.
Barbara Christensen, City Recorder Catherine M. Golden, Mayor
City Council Meeting 5-2-97 11