HomeMy WebLinkAbout2013-0805 Study Session PACKET
CITY OF
ASHLAND
CITY COUNCIL STUDY SESSION
AGENDA
Monday, August 5, 2013
Siskiyou Room, 51 Winburn Way
5:30 p.m. Study Session
1. Look Ahead review
2. Continued discussion of creating an urban renewal agency and district(s)
3. Discussion of whether to proceed with miscellaneous Municipal Code updates
4. Discussion of whether to continue the practice of allowing Councilor
announcements at Council business meetings
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT W WW.ASHLAND.OR.US
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CITY OF
ASHLAND
Council Communication
August 5, 2013, Study Session
Continued Discussion of Creating an Urban Renewal Agency and District(s)
FROM:
Dave Kanner, city administrator, dave.kanner@ashland.or.us
SUMMARY
The City of Ashland has been considering the establishment of an urban renewal agency and urban
renewal district(s) for more than two years. In 2011, the City hired an urban renewal consultant to
conduct a feasibility study. That study determined that urban renewal districts in the railroad
district/downtown area and the Croman Mill area would be feasible, although the tax increment
revenue in the Croman Mill district would not be sufficient to satisfy the bonded indebtedness
necessary to pay for the projects called for in the Croman Mill Master Plan. The creation of an urban
renewal agency, which is a separate unit of government from the City, requires only the adoption of an
ordinance by the Council. However, the creation of urban renewal areas requires the preparation of an
urban renewal plan with a final project list and projected debt schedules. The feasibility plan prepared
by the consulting firm of Tashman Johnson in 2011 does not qualify as a final plan.
The Council discussed whether to proceed to a final plan in August 2011 but made no decision. The
Council took up that question again in June 2012 and deferred a decision. At its July 15, 2013, study
session, the Council agreed to re-examine the question of whether to proceed with creation of an urban
renewal agency and an urban renewal plan.
BACKGROUND AND POLICY IMPLICATIONS:
Tax increment financing, more commonly known as urban renewal, can be used to fund public facility
needs that are stopping or slowing development that meets the community's economic development
objectives. For example, an urban renewal plan could stipulate that the program funding would be
directed towards public improvements related to retaining or attracting businesses meeting the
Business Profile/Attributes in the Economic Development Strategy, and/or specific performance
thresholds such as job retention, job creation, etc.
How It Works
Tax increment financing effectively freezes the assessed valuation in an urban renewal area and then
diverts.the increased taxes created by the valuation of new development to an urban renewal agency
rather than to their "normal" taxing entities. The agency uses the revenues to pay debt service on
bonds issued to pay for projects in the plan.
Tax increment financing is typically used for installation of needed infrastructure but can also be used
to fund the public amenities that are typically associated with a high quality of life and would not
normally be required with employment and light industrial developments such as public plazas and
parks, creek restoration projects, trails and multi-use paths, and public parking lots or structures.
Page 1 of 8
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CITY OF
ASHLAND
Additionally, public participation in funding public facilities for economic development purposes
could be used to focus on projects related to other Council goals and City policies such as using land
efficiently, conserving energy and water resources, and supporting a multi-modal transportation
system.
Urban renewal has a negative image due to past and current practices. Originally, urban renewal was a
federal housing program that was used to completely clear structures from areas thought to be blighted,
and often entire neighborhoods were removed. Even today, there is a wide variation in the way urban
renewal is used depending on the local communities.' goals, the decisions of the urban renewal agency
and the state's laws under which those communities operate.
How It Is Governed
The administration of an Urban Renewal Plan and Agency requires a completely separate government
agency from the City with separate budgets and audits, along with public notices and processes. How
this is accomplished varies throughout the state, with some municipalities creating a separate board
appointed by Council and some appointing the Council itself as the Board.
Advantages of creating a separate board include the ability to appoint citizens with specific
development/project management/financial management related background as well as removing the
administrative burdens of additional meetings and workload.
An advantage of using the Council as the Board is maintaining close control and monitoring of the
agency and project management. Some municipalities have chosen a hybrid of the two and have
appoint several Council members along with other appointed citizens to provide policy continuity,
general oversight and formal communication mechanisms between the two separate governing bodies.
Additionally, there is the cost of staffing and consultants which are related to the level of project
activity. According to the consultant's memo, if the Urban Renewal Agency is very active in
promoting development, the administrative costs can be high. General administrative costs and
planning of capital projects are eligible expenditures of urban renewal funds.
It is also important to note that, while one urban renewal agency can govern more than one district, the
revenues and expenses of each district cannot be shared or moved from one district to the other.
Feasibility Study
In 2011, the City hired the consulting firm of Tashman Johnson to perform an urban renewal feasibility
study. The primary tasks of the feasibility study are detailed on page five of the Tashman final report
and include:
• Are the study areas eligible for urban renewal as defined in Oregon Revised Statutes (ORS)?
• What scale, type and value of development can reasonably be expected within the study area Al
over the typical twenty-five year life of an urban renewal plan?
• What public improvements/investments are needed to allow/spur development in the study
areas?
• What tax increment revenues would be generated by development and would revenues
generated support the needed/desired public improvements/investments?
• What other funding sources are available to pay for the needed improvements/investments?
Page 2 of 8
CITY OF
ASHLAND
• What is the impact of the tax increment financing on property tax payers and other taxing
districts in the study areas?
While the feasibility study is quite detailed, it does not qualify as an urban renewal plan under state
statute, as it lacks final project lists, debt limitations, urban renewal agency governance structure and
district boundaries. Creating that final plan would likely cost $40,000 - $75,000 and take at least six
months, depending on the level of public involvement the Council wished to have.
Certain public involvement elements are mandated by state law, including review by the general
public, the Planning Commission, by affected taxing districts and the County Board of Commissioners.
Typically, public informational meetings as well as the public meetings of the Planning Commission
and City Council are included in the public involvement process. Many communities also appoint an
urban renewal planning advisory committee to provide feedback and direction for the plan. The urban
renewal plan must be adopted by the City by non-emergency ordinance after a public hearing noticed
to all households in the City.
Types of Projects
The feasibility study utilized a variety of City plans and studies including the Croman Mill Master
Plan, the draft Downtown Plan Phase II, the Transportation System Plan (TSP) and the Capital
Improvements Plan (CIP) in the two study areas to develop planning assumptions for needed
improvements to generate the desired development in those areas. The project lists from the feasibility
study are attached. They show $6.4 million in projects in the railroad/downtown area and $20.4
million in the Croman Mill area. Again, these projects were shown for discussion only. The exact
project list would be part of the planning process in the next phase.
It is not uncommon for agencies to also use urban renewal funds - either as grants or loans - to pay for
sidewalk and fagade improvement programs as well as seismic upgrades. ORS contains specific
provision that guide and regulate initial project inclusion as well as the updating and adding/deleting of
projects during the life of the plan.
With the recent completion of the update to the TSP and updated CIP plans and completed CIP
projects, the project lists for each study area will need to be reviewed and updated to provide more
accurate assessments of needed improvements.
Project Funding
According to the feasibility study, tax increment financing within the railroad/downtown study area
could fund the preliminary project list, but the anticipated tax increment revenues for the Croman Mill
study area alone would fund roughly half of the estimated preliminary project costs in the Croman Mill
area. It is estimated that the Croman Mill area would generate $11 million in funding capacity for $20
million in projects identified in the feasibility study,
As a public-private economic development tool, urban renewal financing is often a part of a larger
funding package that can include SDCs, developer contributions, general obligation bonds, local
improvement districts and grants that are used in combination to complete the project list identified
and approved as part of a final urban renewal plan.
Page 3 of 8
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,174101
CITY OF
ASHLAND
After a final urban renewal plan is adopted and final project lists and costs are identified, the agency
borrows funds using the future estimated tax increment to repay the debt. It is common for the agency
to secure the borrowing with the full faith and credit of the City in addition to the tax increment to
obtain more favorable interest rates on the borrowing.
Future Impacts
Urban renewal is a tool that is often used when a jurisdiction concludes that'properties in the urban
renewal districts would not develop or redevelop if not for the improvements and projects that are paid
for by tax increment financing. While all of the taxing jurisdictions in the urban renewal district
forego tax revenue as long as the district is in place, the development and tax base revenue that comes
with it, would not otherwise exist without the use and benefit of the tax increment financing
Likewise, as properties develop, they create demand for police and fire services without contributing
any additional money to the general fund for those services. When the urban renewal district sunsets,
the full value of the properties comes back onto the tax roll and over time the increased tax revenue
more than makes up for the foregone revenue.
The feasibility study includes an analysis of "foregone" tax revenues by each of the overlapping taxing
districts (pg 18-19). The study estimates the following:
*3 b City Est. $ Other T zing Est. $aug/yr
t., s5°d T ,k'.. A§...x x 'IMP aV , ' _ Dlstricts 3tota(~
Croman Stud Area .5% $45,177 .1 % each $29,945
Railroad/Downtown Study Area 2.0% $170,467 .3 % each $112,994
Other Considerations
The recent inclusion of lands within both study areas in the Jackson County Enterprise zone does have
a potential impact on urban renewal tax increment financing in that the enterprise zone does exempt
businesses that meet the criteria from property tax payments on physical improvements made for up to
five years. The abatement of these taxes does inhibit the borrowing capacity of the agency to some
degree. The financial impact to the agency and its borrowing capacity is dependent upon the number
of businesses qualifying and taking advantage of the program within each of the study areas and would
need to be estimated as part of the final urban renewal plan.
The recently obtained e-commerce overlay for the properties within the enterprise zone does not have
an impact on urban renewal as property taxes are not part of the incentive package, income tax credits
are offered in addition to potential property tax credits from the enterprise zone component of the
program.
FISCAL IMPLICATIONS:
Creation of an urban renewal plan will require hiring an outside consultant, likely at a cost of $40,000
to $75,000. Funding would presumably come from the Economic Development (General Fund)
budget.
Page 4 of 8
CITY OF
ASHLAND
STAFF RECOMMENDATION AND REQUESTED ACTION:
Rather than provide recommendation or requested actions, staff would like to offer some discussion
points that may be valuable and could assist in bringing focus for additional staff research and
assistance if decided upon by Council.
o Does one of the study areas have priority/value/timing advantages over the other?
o Is there a particular desired threshold or ratio of anticipated revenue to project expense
for each study areas to use to as criteria for decision to proceed?
o Does the City have the governing and/or administrative capacity to undertake urban
renewal, either one or two districts?
o What level of detail is desired for the development of the project lists for the study
areas?
o Are there particular stakeholder groups that Council would like to engage to assist in
making a decision of whether or not to proceed towards a full urban renewal plan?
o Are there elements of the feasibility study that Council feels needs additional research
or review before comfortably relying on the study in decision making?
o How important/critical is the governance structure of the potential agency in the
decision making process?
SUGGESTED MOTION:
N/A
ATTACHMENTS:
Statutory definition of "blight" (ORS 457.010) (see below)
Preliminary Project lists from Urban Renewal Feasibility Study (see below)
Vicinity Maps for Croman Mill and Railroad/Downtown Study Areas
Final Urban Renewal Feasibility Study online at
http://ashland.or.us/files/URF%20Study FINAL Revised%201 4 12.pdf
Page 5 of 8
CITY OF
ASHLAND
457.010 Definitions. As used in this chapter, unless the context requires otherwise:
(1) "Blighted areas" means areas that, by reason of deterioration, faulty planning, inadequate or
improper facilities, deleterious land use or the existence of unsafe structures, or any combination of
these factors, are detrimental to the safety, health or welfare of the community. A blighted area is
characterized by the existence of one or more of the following conditions:
(a) The existence of buildings and structures, used or intended to be used for living, commercial,
industrial or other purposes, or any combination of those uses, that are unfit or unsafe to occupy for
those purposes because of any one or a combination of the following conditions:
(A) Defective design and quality of physical construction;
(B) Faulty interior arrangement and exterior spacing;
(C) Overcrowding and a high density of population;
(D) Inadequate provision for ventilation, light, sanitation, open spaces and recreation facilities; or
(E) Obsolescence, deterioration, dilapidation, mixed character or shifting of uses;
(b) An economic dislocation, deterioration or disuse of property resulting from faulty planning;
(c) The division or subdivision and sale of property or lots of irregular form and shape and
inadequate size or dimensions for property usefulness and development;
(d) The laying out of property or lots in disregard of contours, drainage and other physical
characteristics of the terrain and surrounding conditions;
(e) The existence of inadequate streets and other rights of way, open spaces and utilities;
(f) The existence of property or lots or other areas that are subject to inundation by water;
(g) A prevalence of depreciated values, impaired investments and social and economic
maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts are
inadequate for the cost of public services rendered;
(h) A growing or total lack of proper utilization of areas, resulting in a stagnant and unproductive
condition of land potentially useful and valuable for contributing to the public health, safety and
welfare; or
(i) A loss of population and reduction of proper utilization of the area, resulting in its further
deterioration and added costs to the taxpayer for the creation of new public facilities and services
elsewhere.
Page 6 of 8
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CITY OF
-AS H LA N D
Croman Mill project list.
Project No Project Desaiplien Estimated
Total Price
Streets
I~h~se l C:A•~rrat I3ctt~evaro ,LtrSfrefr,~N f,~ S'.C;rJ pu h r~.Grades Jr rtJ~,fl4fr~
2 (irl CiF S E, 139.600
hace 11 Certlrar BnWevard: Tokm to Phase f
3 S 3,050,000
4 S 1,610,000
Phase II Mistlletoe L'p recta
5 Washington St. extension owr railroad tracks $ 340,000
6 Tchransiski ou S alization On C?' $ 40030
7 New Street Connect on f-orn Tolman to Wash n ton 750.00
8 Extensbn o1 Central Ashland Bike Path trom Tolman to Crc•nson n CIP} 680930
5 Hamilton Creek kfult-Use Path werehborhocd ccmections S 50.000
Water
10 Upgrade portion of exist, mainline $ 130,030
r
12 Upun:ux to ;nri of existrtg rrrardutu $ 460,030
Storm Qra n
13 Rparia^Restaaton $ 220,030
Electrr
Re= oute and underground exislin electncteede• S 1.2C0.030
Public Facilities
Central Park 2.OOt?.000
Parkin Structure 5 2.700.630
'.ram t Plaza
ota umentL 20,4'0:0 Co)
Paee 7 of x
CITY OF
-ASHLAND
Railroad Properly0awntown
Pined No. Pmjact Description
Estmated
Totat Puce
$tT861S
Extend Clear Crack Or tc ktountarAve 1.670 000
c Fourth Olreet RR Crossing 750 OUD
r
17 Water for develcpnent 240000
Sewer
18 Sewer for d.torment $ 180000
Storm Drain
19 Riparian Restoration $ 30,003
Elftl t
20 Connect existng systems
5 3TD.DOG
Dm TtDv 1
21 Intersection irnprovemeMg $ Z,114,COD
22 Planter and "I fum&e laprove ments ~ 1,080.000
Uthia Plam ncemerd ?
Parkin FaCdfts
Total Current 61430.000
Pagc 8 of 8
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Downtowvn/Railroad Urban Renewal Study Area
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CITY OF
ASHLAND
Council Communication
August 5, 2013, Study Session
Discussion of whether to proceed with miscellaneous Municipal Code updates
FROM:
Dave Kanner, city administrator, dave.kanner@ashland.or.us
SUMMARY
A number of issues have come to staff s attention recently that can, at Council's discretion, be
addressed through updates to the Ashland Municipal Code. Among them are allowing legal medical
marijuana dispensaries to get business licenses.
BACKGROUND AND POLICY IMPLICATIONS:
Staff from time to time comes across issues that are not directly addressed in our Municipal Code, or
matters in the Code that may warrant updating in response to changing state or federal legislation.
Lists and brief descriptions of these matters are contained in the attached memos from me and City
Attorney Dave Lohman.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
N/A. Staff seeks direction on whether to proceed with preparing ordinances to update the Ashland
Municipal Code regarding the items presented in the attached memos.
SUGGESTED MOTION:
N/A
ATTACHMENTS:
Memo from Dave Kanner
Memo from Dave Lohman
Page 1 of 1
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CITY OF
ASHLAND
Memo
DATE: August 1, 2013
TO: Mayor and City Council
FROM: Dave Kanner, city administrator
RE: Ordinance and Code updates '
Ashland Municipal Code Section 6.04. 100 (Business Licenses and Regulations) states that "If
the City has knowledge that the applicant is engaging in, or proposes to engage in an unlawful
activity, the City shall return the fee to the applicant, along with the reason for so doing, and
shall refuse to issue a license." This provision came into play last year when two medical
marijuana dispensaries applied for business licenses and both were denied on the grounds that
they were illegal activities under federal law. (Both have since moved out of Ashland.) This
created a dilemma for staff since both were at least arguably legal under state law.\
The 2013 Legislature passed and the Governor has signed into law a bill sponsored by Rep. Peter
Buckley that regulates and licenses, medical marijuana dispensaries. Thus, these dispensaries are
explicitly legal under state law, although they continue to be illegal under federal law.
Staff seeks Council guidance on whether to carve out an exception in our business license code
for medical marijuana dispensaries that are registered with the Oregon Health Authority. By
making this change, the City could avoid the potential of involvement in a test case over the
discrepancies between state and federal law. On the other hand, such a change might be seen as
inviting medical marijuana dispensaries to Ashland, which is not our intent.
Currently there are no medical marijuana dispensaries in Ashland and no pending business
license applications from any dispensaries,
CITY OF
Memo ASHLAND
DATE: August 1, 2013
TO: Mayor and City Council
FROM: Dave Lohman, City Attorney
RE: Ordinance Updates
The attached table is intended to elicit Council guidance on whether and how to draft proposed
revisions to certain provisions of the Rules of City Council and the Uniform Policies and
Operating Procedures for Advisory Commissions and Boards.
Council has discussed some of these matters in previous meetings, particularly as part of an
agenda item at the December 17, 2012 study session. While Council did previously provide
direction on some of these questions, the Legal Department is seeking fresh input in light of
changes in Council membership, recent Council and commission questions about procedure, and
unresolved questions from earlier discussions.
Note: The term "commissions" in the table refers to the City's standing advisory commissions
and boards.
Subject Questions Considerations
Study Session Does Council went to make clear a . Current rule: may not deliberate towards a
Rules study session can be used to decision but can give staff direction to prepare
deliberate towards a decision and materials for a regular Council meeting."
direct staff to perform specified • Current rule is stricter than state rules for duly
managerial ftmctions, but cannot be noticed open public meetings; it is similar to state
used to pass resolutions or rules for Executive Sessions.
ordinances or otherwise set . Current rule is somewhat confusing and invites
policies? narrow interpretation to avoid questions.
• Advent of study session broadcasts online
obviates at least part of the rationale for current
strictures.
' Electronic 1. Does Council want to enable • Some commissions have difficulty attaining a
Meeting Commission members to quorum for their regular meetings and special or
Attendance participate in meetings by subcommittee meetings.
telephone or other electronic . Because most commissions make
means? recommendations rather than final decisions, the
disadvantages of participation in meetings b
Page 1
electronic means are less consequential than for
Council meetings.
1-a. If so, should electronic
meeting attendance be limited to
circumstances resulting from
unexpected ennergencies?
1-b. If so, should the Chair be put
in the position of having to
determine whether the
circumstances truly constitute an
unexpected emergency?
1-c. If so, should participation by
electronic means be recognized as
formal attendance only if the
member participates for the full
duration of the meeting?
1-d. If so, should each commission
have discretion to decide whether
to allow electronic meeting
attendance?
1-e. If so, should participation by
electronic means count as formal
attendance for purposes of meeting
requirements for commission
attendance?
2. Does Council want to change Council could, instead, temporarily suspend its rules
the Code provision and Council to allow electronic meeting attendance in a particular
meeting rules to allow for situation, because the Code is silent on such
electronic attendance of Council suspension and Robert's Rules of Order allows it.
meetings?
Commission 1-a. Does Council want to retain . Decisions on electronic meeting attendance and on
Attendance (or increase or decrease) the current the four questions immediately below may
Requirements requirement that commission influence Council's response to this question.
member must attend at least two- . Last December, Council suggested increasing the
thirds of all scheduled meetings? meeting attendance to 75%.
1-b. Does Council want to clarify Current rule does not specify time period: could be
that the "two-thirds" attendance interpreted to require dismissal after missing more
rule for commission members in than just one out of an three sequential meetings or
Page 2
AMC 2.10.025 applies to the only after missing more than one third of meetings
annual period beginning May 1 and over entire term.
ending Aril 30?
1-c. Should an absence that is Even excused absences tend to diminish commission
"excused" nevertheless be deemed effectiveness, so perhaps no absence should be
• an absence for purposes of the exempted from the attendance rule, as discussed
"two-thirds" attendance immediately below.
requirement?
2. Does Council want to delete any • Last December, Council suggested eliminating the
reference to "excused absence" concept of excusing absences.
while retaining the "two-thirds" • Current rule is silent on whether Chair or someone
rule (or some variation) and thereby else determines sufficiency of reason given for
avoid the need to define "excused absence and on whether there must be some
absence" and the need to specify record of approval of the reason given.
how it should be determined and • Current rule might mean notifying chair or staff
recorded? liaison of impending absence at least 2 hours prior
to the meeting constitutes a sufficient excuse. Is
this sufficient notice? Is some similar notice
provision adequate in lieu of requiring that an
absence be excused?
3. Should attendance requirement • Current requirement applies to regularly scheduled
apply only to regularly scheduled meetings, study sessions, and special meetings
commission meetings and study "when applicable." It is not clear what "when
sessions, or should they also apply applicable" means or who is to decide whether
to committee, subcommittee and that clause applies in a specific instance.
special meetings? • Whether the current attendance rule applies to
committee and subcommittee meetings is not
clear:
4. In the case of a commission • The Conservation Commission, for example, has
member appointed as representative three such members.
of an external entity, should the Since such a member is chosen as a representative
attendance requirement be deemed rather than as an individual, perhaps the
satisfied even if an alternate or attendance requirements should apply to the
replacement representative from the representative entity rather than the individual.
same entity ends up attending in the
originally-designated member's
stead?
Page 3
Commission 1. Should officers be elected at the Current rule just says "first meeting of the year."
Officer first meeting of each calendar year,
Elections and at the first meeting after the annual
Terms appointment process is completed,
or at some other time?
2-a. Should officers for all Some commissions have interpreted the "term" of an
commissions be elected annually? officer to be the entire term of the person's
a ointment as a member.
2-b. Should members be eligible to . Current rule precludes holding office for more
'be elected to serve as officers for than two consecutive terms but does not specify
up to three (four?) consecutive the length of each term.
annual terms? . Requiring new leadership after just two
consecutive annual terms may deprive a
commission of needed leadership and expertise
and force some members who don't have the time
for or interest in leadership roles to undertake such
roles or resign.
Number of Does Council want to change the Most commissions have 7 members. The
Commission number of members comprising Conservation Commission, Historic Commission, and
Members any commission? Airport Commission have 9 members; the Tree
Commission has 5 to 7 members; the Audit
Commission has 4 members; the Building Board of
A eals has 6.
Advocacy by Does Council want to modify AMC Some members of City commissions have asked for
Commission 2. 10.110 to make clear that clarification as to whether current AMC 2.10.1 10 is a
Members commission members may, when prohibition on advocating for his/her commission's
properly authorized by the positions before other Ashland elected or appointed
member's commission, represent bodies.
and advocate for formally approved
positions of the commission to
other City appointed or elected
bodies (but may not advocate for
personal positions without
identifying them as such)?
Page 4
CITY OF
ASHLAND
Council Communication
August 5, 2013, Study Session
Discussion of whether to continue the practice of allowing Councilor
announcements at Council business meetings
FROM:
Dave Kanner, city administrator, dave.kanner@ashland.or.us
SUMMARY
At its study session of March 18, 2013, the Council agreed to allow Councilors to make
announcements about community activities at the end of Council business meetings if time permitted.
The Council agreed to try it for three months and then revisit the subject to determine whether to
continue the practice.
BACKGROUND AND POLICY IMPLICATIONS:
The Council agreed last spring to allow, on a trial basis, individual Councilors to make announcements
about community based activities and to revisit the subject after three months to determine whether to
continue the practice. Councilors agreed that announcements would be limited to two minutes and that
the City Recorder would use the testimony timer to ensure that Councilors did not exceed that limit.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
N/A
SUGGESTED MOTION:
N/A
ATTACHMENTS:
Minutes from March 18, 2013, and April 1, 2013 study sessions
Page I of 1
• a Jty l uullull anluy aession
March 18, 2013
Page I of 3
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
Monday, March 18, 2013
Siskiyou Room, 51 Winburn Way
Mayor Stromberg called the meeting to order at 5:32 p.m, in the Siskiyou Room.
Councilor Rosenthal, Lemhouse, Marsh, Moms, Voisin, and Slattery were present.
1. Look Ahead review '
City Administrator Dave Kanner reviewed items on the Look Ahead. He explained the Jackson County
Heritage District agenda item for the March 19, 2013 Council meeting should be on the April 2, 2013
agenda. Mayor Stromberg would remove the item from the agenda during the meeting March 19, 2013.
2. Discussion of request for time for announcements at meetings (request of Councilor Slattery)
Councilor Lemhouse thought it was beneficial for Councilors to make community based announcements
during the Council meeting if time permitted. He suggested two minutes per Councilor and the
announcements could not be controversial.
i I
Opposing comments from Council thought allowing announcements would end up being controversial
and preferred the public come to Public Forum with their community announcements instead. Other
comments thought it would eventually create political controversy and was not appropriate for a Council
business meeting. Supporting comments thought it was a good opportunity to connect with the
community.
Council agreed to try it for three months, have it occur at the end of the meeting, with the City Recorder
using the timer to ensure Councilors did not exceed two minutes.
3. Discussion of rules regarding engaging speakers at public forum (request' of Councilor
Slattery)
Councilor Slattery clarified the rules regarding questions to speakers would apply to anyone speaking on
any agenda item including Public Forum. The request was an effort to avoid creating Hearings based
meetings.
Council opposition agreed with the Public Forum restriction but strongly opposed prohibiting questions
on other items. It was Council's job was to gather as much information as possible to make informed,
educated decisions, and prohibiting questions undermined that effort: Council should use the power of
asking questions in a limited way and have the Chair manage questions or discussions that started to
disintegrate into something else.
Supportive comments from Council noted past meetings where others interpreted a Councilor's questions
as controversial and wanted parameters for questions. Other concerns related to Councilors potentially
using questions to run the clock out on items they opposed. Mayor Stromberg explained a Councilor
could address that circumstance through a Point of Order.
City Attorney Dave Lohman added the issue also occurred when there was a motion on the floor during
deliberation and Council called on people to speak on the topic. This action was not permitted unless
Council suspended the rules. He suggested Council hold questions of a,speaker until deliberation then
move to suspend the rules and allow that individual to come forward. The motion could include the
information the Councilor was seeking and then the whole Council could decide to vote in favor or not.
i
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April I, 2013
Page 2 of 2
4. Overview of self funded health benefits
City Administrator Dave Kanner City explained the City could save money and gain control over health benefit
costs and a health plan through self-insurance. Essentially the City loss ratio for 10 months of the plan was
74%. For every dollar paid to Pacific Source, 74 cents went to pay claims with the remaining going to Pacific
Source's plan administration; marketing, and reserve. Self-insurance would enable the City to offer the same
plan Pacific Source offered for less money. The City would incur a 9.4% increase if they stayed with Pacific
Source.
The City bid out the third party administrator work to handle claims processing and Pacific Source offered the
best quote for the work. In addition, the City would purchase Individual and Aggregate Stop Loss insurance for
assurance against bad years.
Another component of self-insurance was the Employee Health Benefits Advisory Committee the City would
create. Comprised of a representative from each of the five bargaining units, four non-represented employees
and the Human Resources Director, the committee would meet 8-10 times a year to discuss trends, review
benefits, and monitor the fiscal integrity of the health plan. Initially the plan would not change for two years.
The committee would recommend changes that Council would approve. Council expressed concern the
committee would become a collective bargaining unit. Mr. Kanner clarified the committee would not negotiate
what went into the plan nor would they go beyond the specified dollar amount, but would make adjustments as
needed. As insurance rates increased, employee contributions would as well and that served as an incentive to
keep costs reasonable.
Mr. Kanner further explained under Oregon law a company needed at least 500 covered lives to become a self-
insured plan. Currently the City had 750 covered lives. The Ashland School District and Ashland Community
Hospital went to self-insurance years before. Mayor Stromberg added the City previously had insurance from
CIS who would not divulge actuarial results. Eventually the City moved from CIS to Pacific Source and
received the actuarial information required to make the decision to move towards self-insurance.
Council comment suggested having a hearings officer for appeals that was not the City Administrator for
privacy reasons.
5. Follow up discussion on councilor announcements and follow-up questions at regular Council
meetings
City Attorney Dave Lohman wanted to ensure the information was accurate from the previous meeting.
Council agreed on the information and discussed whether to add it to the Consent Agenda or Mayor's
Announcements as a policy statement.
Mayor Stromberg addressed controversial announcements. Council could let the Mayor determine what was
controversial or Council could establish an appeals process to the Mayor's judgment on what was controversial
or not. Mr. Lohman added these agreements fell under Roberts Rules of Order for self-regulating. A Councilor
could use a point of order regarding an item they found controversial and the Mayor would make a ruling.
Meeting adjourned at 6:45 p.m... .
Respectfully submitted,
Dana Smith
Assistant to the City Recorder