HomeMy WebLinkAbout2015-0721 Council Mtg MIN
Ashland City Council Meeting
July 21, 2015
Page I of 8
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
July 21, 2015
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Morris, Lemhouse, Seffinger, Rosenthal, and Marsh were present.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg announced vacancies on the following Commissions: Airport, Forest Lands, Housing &
Human Services, Transportation, and Wildfire Mitigation.
He went on to announce he would host a community conversation on aggressive deer. City Administration
would extend warning signs on Gresham Street to other areas in town that had reported issues with
aggressive deer. He asked residents to send report locations where fawns were born every year at
John n CoLmcil.Ashland.or.us with the subject Aggressive Deer in the title.
APPROVAL OF MINUTES
The minutes of the Study Session of June 15, 2015, Business Meeting of June 16, 2015 and Special Meeting
of June 30, 2015 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
The Mayor's proclamations of July 26 - August 1, 2015 as Pacific Rim Bowl Week and August 6, 2015 as
Hiroshima Day and August 9, 2015 as Nagasaki Day were read aloud.
PUBLIC FORUM
Dr. Philip Lang/758 B Street/Submitted documents into the record and explained lie was there to provide
information and answer questions regarding a lawsuit against the City and the Oregon Shakespeare Festival
(OSF) for violations against the Americans with Disabilities Act (ADA). There were twenty-four violations
against OSF for not meeting ADA requirements.
Louise Shawkat/870 Cambridge Street/Encouraged everyone to watch a film titled The Future of Energy
on the internet. Additionally, she had a copy she would loan to those unable to download the movie.
Ann Barton/361 Patterson Street/Shared her encounter with aggressive deer. When she contacted the City,
she was not received with much sensitivity. People needed to be educated on handling aggressive deer and
traumatized citizens. She suggested the City start a taskforce that would include the Oregon Department of
Fish and Wildlife (ODFW). The taskforce could review what the City of Hastings in New York was doing
with immunocontraception, and look into culling, possibly through ceremony using local Native American
tribes or relocating the most aggressive deer to a sanctuary.
Claudia Law/762 B Street/Spoke on aggressive deer and described her experience being followed by a doe
and two older fawns when walking her dog early one morning. It was traumatizing. She walked with a cane
at times to defend herself. People on B Street were afraid of the aggressive does. The City needed to do
something, the deer were dangerous, and citizens were very afraid.
Sandra Pastorius/697 Terrace Street/Shared her experience of being trampled by a deer on her property.
She described her injuries and the long recovery. Any type of three-sided building provided a place for deer
Ashland City Council Meeting
July 21, 2015
Page 2 of 8
to hide and a person could unintentionally interfere with their ability to flee.
Selene Aitken/446 Helman Street/Lived in Ashland since 1985 and challenged the saying "The deer were
here first," because they were rarely seen in Ashland from 1985-2000. She described an encounter with a
buck in her backyard. She supported a taskforce and stressed the need to involve ODFW. Posting signs
regarding aggressive deer did not make her feel the City was taking care of her rather they were protecting
themselves from litigation. She wanted action from the City to protect the citizens.
Melissa Mitchell-Hoage/271 High Street/Thought it was becoming a dangerous situation for everyone in
Ashland due to the deer. She shared personal experiences of encounters with aggressive deer.
CONSENT AGENDA
1. Minutes of boards, commissions, and committees
2. Sole source procurement with the Ashland Chamber of Commerce for a Business Retention and
Expansion survey
3. Public contracts for Water and Wastewater Treatment Plant chemicals
4. Intergovernmental agreement with Rogue Valley Council of Governments and the Cities of
Ashland, Talent, and Phoenix
5. Ratification of a collective bargaining agreement with the local union No. 659 International
Brotherhood of Electrical Workers (Clerical/ Technical)
6. Authority to continue a contract between the Ashland Police Department and the Medford Police
Department for after-hours records services
7. Approval of a contract-specific procurement with William Olsen Designs for the creation of a
Japanese Garden Torii gateway in Lithia Park
8. Liquor license application for Rachelle Canady dba Home State BBQ
9. Liquor license application for Morgan George dba Northwest Pizza
10. Approval of recommendation from the Public Art Commission to accept the sculpture Pacific
Fischer
11. Special procurement for the purchase of Itron electric meters and Itron meter reading equipment
12. TGM grant application letter of support for the Downtown Parking and Multi-Modal
Transportation study
Councilor Marsh and Rosenthal pulled Consent Agenda item 410, and Councilor Voisin pulled 92, 44, 411,
and #12 for discussion.
Management Analyst Adam Hanks addressed Consent Agenda item 42 and explained the benefits the
Business Retention and Expansion survey provided the City. Similar surveys conducted through SOREDI
and the City of Medford was helpful but not as in depth as the Business Retention and Expansion survey.
Public Works Director Mike Faught clarified Consent Agenda Item #4 and explained the City of Medford
billed for one meter and Talent, Phoenix, and Ashland paid each of their meters. The City of Talent had
previously billed each municipality but it became burdensome. The Rogue Valley Council of Governments
(RVCOG) would now provide the accounting and financial management services. City staff would verify
accuracy. The process was complex enough that it made sense to have RVCOG administer the process
instead of City staff.
Councilor Marsh read a disclosure statement regarding Consent Agenda Item #10 noting her involvement in
the creation of the sculpture and declared she had no financial interest in the activity. Management Analyst
Ann Seltzer explained the Watershed Art Group was a community grass roots group that wanted to use art as
means to educate people about the watershed. They approached the Public Arts Commission with an idea to
create an art trail in the watershed to educate and inform trail users about the watershed. Over a twelve-
month period, the group secured a grant and commissioned an artist. During that time, they met with the
Ashland City Council Meeting
July 21, 2015
Page 3 of 8
Forestlands Commission, Public Arts Commission, and the Public Works Department. Art Commissioner
Margaret Garrington added the Public Arts Commission supported the concept of an art trail and thought it
could grow over time. The sculpture cost approximately $2,500 and vandalism ranged from unlikely to rare
based on location and the sturdiness of the sculpture itself. Councilor Seffinger also read a disclosure
statement regarding her involvement in the creation of the sculpture and declared no financial interest in the
activity.
Electric Director Mark Holden addressed Consent Agenda Item #11 and confirmed the procurement included
both the radio frequency meters and non-radio frequency meters. Citizens could choose which meter they
wanted for their homes. Alternately, the Opt Out Policy for the Automated Meter Reading was also
available.
Public Works Director Mike Faught addressed Consent Agenda Item #12 clarified the City would pay for
staff time on the Downtown Parking and Multi-Modal Transportation study as part of the 12% match
requirement.
Councilor Marsh/Morris m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed.
PUBLIC HEARINGS
1. Public hearing and first reading by title only of an ordinance titled, "An ordinance modifying the
Verde Village Subdivision Development Agreement to allow partitioning of the property consistent
with the approved phasing plan; adjusting the property lines for lots #3 - #9 and 915 - #17;
modifying the approval with regard to the timing of the installation of landscaping, irrigation and
open space improvements in Phase I; and modifying Exhibit E of the approved Development
Agreement with amended language to condition #30 relating to the construction and timing of
street improvements for Perozzi Street and Almeda Drive, and the addition of two new conditions"
Mayor Stromberg read the procedure for a Public Hearing for Land Use Hearings and opened the hearing at
7:45 p.m.
ABSTENTIONS, CONFLICTS, EX PARTE CONTACTS - None
CHALLENGES - None
STAFF REPORT
Associate Planner Derek Severson described the site location. He confirmed a land exchange occurred
initially when the City dedicated 2.78 acres adjacent to Ashland Creek for park purposes in exchange for
1.54 acres of the Dog Park and no further exchanges regarding the Dog Park would occur. The only change
at this time was a slight alteration to the entrance of the Dog Park. He noted the development agreement
with the City that governed development to completion with a specific timeline that had undergone several
extensions.
The proposed modifications before Council at this time were:
1. Partition the property to be consistent with the approved phasing plan.
Recommendation: The Planning Commission saw no significant issues with allowing the partitioning to
separate the two phases to allow them to be sold and to obtain financing to move the originally approved
development forward. Current final plan approval in place included conditions that Lot 425 remain part of
Phase I and be included in the homeowners' association, subject to the CC&R's and all subdivision
requirements.
2. Adjust the property lines for Lots #3 - #9 and 415 - #17 to allow for clearer delineation of
public and private landscaping.
Ashland City Council Meeting
July 21, 2015
Page 4 of 8
3. Modify the approval with regard to the timing of the installation of landscaping, irrigation,
and open space improvements in Phase I with the addition of two new conditions (#32 & #33)
Recommendation on #2 & #3: The Planning Commission saw no significant issues with allowing the
requested adjustment of property lines for these units or the allowance for some flexibility in the timing of
completion of landscaping and irrigation improvements to allow for the construction of adjacent units.
Condition 432 allowed the applicant to request to delay final landscaping and irrigation installation up to 18
months if the construction of the adjacent unit would impact that landscaping, provided that approved
security was provided.
The Commission found, however, that there needed to be a clearer correlation between the completion of the
individual open space areas and the units surrounding them, and the Commission accordingly recommended
that the applicants' proposal be modified somewhat to require that the open space areas and associated
common improvements between units #1-3, units #4-13, and #14-20 be completed with the completion of
each cluster of units. Language to this effect was reflected in recommended Condition #33 in the agenda
packet.
The individual property owner would be responsible for care and upkeep of the private yard areas. The
applicants would provide the City information from the landscape contractor illustrating the improvements,
planting, irrigation, labor, and a bond or cash deposit.
4. Modify Exhibit E, Condition #30 of the approved Development Agreement as it relates to the
construction and timing of street improvements for both Perozzi Street and Almeda Drive.
Recommendation on Exhibit E, Condition #30: The basis for the current Condition #30 was to insure both
that city standard street improvements were installed as approved and that paved access to the Rice Park
affordable housing and the Dog Park be provided so neither was in the position or relying on limited,
temporary access measures should a second phase be delayed.
Given the potential length of time provided in the Development Agreement for completion of the project,
drainage and maintenance issues, and the need to accommodate required on-street parking and circulation for
the subdivision, park and surrounding neighborhood, the Planning Commission felt that Almeda Drive
should be improved to the frill paved width of the street, with curbs on both sides of Almeda Drive for its full
extent (unless an alternative curb/gutter arrangement was acceptable to the Public Works Director), with
sidewalks, park rows and street trees completed on the first phase side initially and on the other side with the
second phase.
The Planning Commission found that the proposed paved driveway connection from the new installation of
Almeda Drive to the current Dog Park access drive and the connection between this access and the Rice Park
driveway to provide ingress, egress, and emergency vehicle access addressed the underlying intent of the
original condition. However, the Municipal Code required a width of at least 20 feet for driveways serving
seven or more spaces to accommodate the potential for two-way traffic as well as emergency vehicle access,
and the Commission accordingly recommended that the paved width on the new portion be increased to a
minimum of 20 feet in the condition.
APPLICANT'S PRESENTATION
Mark Knox/45 West Nevada Street/Introduced applicants Greg and Valerie Williams. Laz Ayala and
Charlie Hamilton were purchasing Phase 1 from Mr. Williams and Ms. Williams who would retain Phase 2.
The lot line adjustments would have fencing and present a traditional backyard for the occupant. They
agreed with the Planning Commission regarding landscaping and timing. They met with the Public Works
Director regarding the street improvements and agreed. The modifications were minor.
THOSE WISHING TO PROVIDE TESTIMONY - IN FAVOR/OPPOSED
Joseph Kauth/1 Corral Lane #13/Explained he had ridden his bicycle in town for ten years and through the
proposed Verde Village development area as well. From riding his bike over the years, he had noticed
temperature increases.
Ashland City Council Meeting
July 21, 2015
Page 5 of 8
City Attorney Dave Lohman clarified Mr. Kauth could only provide public testimony on the proposed
modifications and temperature changes were not part of that criteria.
Mr. Kauth went on to address irrigation and drainage noting both provided a cooling factor. The landscape
in the development would also provide cooling and there were various techniques to help cool the area
through landscape. An invasive noxious weed species existed close to the site and he hoped the landscape
and drainage would not affect the growth of this weed but instead create a temporal dissonance through the
valley that the drainage and landscape opportunities would provide. The units were small allowing for
landscaping in areas instead of paving.
REBUTTAL BY THE APPLICANT
Mr. Knox addressed comments made by Mr. Kauth. The bike path in the Verge Village would create another
link toward Immigrant Lake. The project had several sustainable components like solar reflective heat gain,
bio swells in the park rows, street trees creating a canopied affect to decrease heat gain.
Public Hearing Closed: 8:24 p.m.
REQUESTS TO SUBMIT FINAL WRITTEN ARGUMENT - None
ADVICE FROM LEGAL COUNSEL AND STAFF
Mr. Lohman explained Council could only make a decision based on the criteria described at the outset and
address only the issues proposed at this time. Council also could not discuss previous items in the
development agreement during this meeting.
COUNCIL DELIBERATION AND DECISION
Councilor Marsh/Lemhouse m/s to approve First Reading by title only of the ordinance titled, "An
Ordinance Modifying the Verde Village Subdivision's Development Agreement to allow partitioning of
the property consistent with the approved phasing plan; adjusting the property lines for lots #349 and
#15-#17; modifying the approval with regard to the timing of the installation of landscaping, irrigation
and open space improvements in Phase I; and modifying Exhibit E of the approved Development
Agreement with amended language to condition #30 related to the construction and timing of street
improvements for Perozzi Street and Almeda Drive, and the addition of two new conditions," and
move it on to Second Reading. DISCUSSION: Councilor Marsh noted the proposed modifications were
substantive in terms of the overall intent of the development agreement and acceptable. She congratulated
everyone on his or her hard work moving the project forward. Roll Call Vote: Councilor Voisin, Marsh,
Morris, Rosenthal, Lemhouse, and Seffinger, YES. Motion approved.
UNFINISHED BUSINESS (None)
NEW AND MISCELLANEOUS BUSINESS
1. City of Ashland Risk Management Update for FY 2013-15
Administrative Services Director Lee Tuneberg explained nothing had changed since the previous year's
report. The City increased the amount of coverage with Citycounty Insurance Services (CCIS) because the
exposure was large and growing. City asset values were increasing and premiums rose due to property loss.
The insurance fund was keeping pace with the 1993 study.
He addressed the recent flash flood the downtown experienced and explained there was a relationship
regarding flooding but the City had no control over nature events and most of those types of events were
covered in insurance policies. Unless it became a claim, it did not roll into the cost of premiums.
If the City wanted to self- insure, it would have to consider exposure, being able to cover a large claim, and
Ashland City Council Meeting
July 21, 2015
Page 6 of 8
the cost of reinsurance. Currently, 96% of all local municipalities in Oregon belonged to CCIS with only a
few large municipalities stepping outside that association.
Auto claims were a minor part of the insurance coverage and incurring 29 claims over the past five years was
small considering how many vehicles the City used. The City had optional and mandatory driver training.
Claims regarding sidewalks and streets were also at a reasonable level. The City did not have liability
insurance for aggressive deer attacks.
Councilor Rosenthal/Lemhouse m/s to accept the staff report on the City of Ashland Risk
Management Update for Fiscal Year 2013-15. DISCUSSION: Councilor Rosenthal complimented the
staff involved and the process. Councilor Lemhouse added it showed good leadership and that every
employee was a risk manager. Councilor Seffinger appreciated how well prepared the report was.
Voice Vote: all AYES. Motion approved.
2. Report on City of Ashland's Sweatfree Purchasing policy, program, and participation in the
Sweatfree Purchasing Consortium
Administrative Services Director Lee Tuneberg explained the City joined the Sweatfree Purchasing
Consortium in 2008. Ashland was small and the City did the best it could to ensure uniforms and protective
clothing came from manufacturers that could guarantee the products came from a sweatfree work
environment. However, the City purchased uniforms and protective clothing from a supplier and not the
manufacturer. This made it difficult to ensure certified sweatfree procurement. The City routinely purchased
from larger companies that posted sweatfree policy letters on their website but the City could not personally
monitor legitimacy.
Councilor Rosenthal/Lemhouse m/s to delete from the Statement of Policy points I and 3 of the
Administrative Policy #09-26-23. DISCUSSION: Councilor Rosenthal supported the policy. He had
heard it was time consuming and frustrating for staff to adhere to the policy. He had also heard staff
frequently incurred out of pocket costs to acquire aesthetically pleasing and comfortable workplace apparel
in a timely manner because sweatfree procurement could take a long time. These were unnecessary out of
pocket expenses and it circumvented the policy. Removing point I and 3 would make it less onerous for
staff. Councilor Lemhouse also supported the policy. It undermined the policy if it was too arduous to
operate effectively and created a work-around instead.
Councilor Voisin wanted to delay the item. Councilor Rosenthal had obtained information from staff the
City Administrator did not have. She wanted the City Administrator to look into it so everyone was clear on
what was happening. Councilor Marsh would oppose the motion. She appreciated Councilor Rosenthal's
concern for the process but at this time there was not feedback on record as to how the policy operated.
Senior managers had not received any feedback regarding the process from staff to confirm what Councilor
Rosenthal had observed or heard. If the community knew the sweatfree policy was under debate she
suspected many people would have attended the meeting. She was not prepared to evaluate what those
impacts might be at this meeting.
Councilor Seffinger became aware of staff concerns regarding the quality of work clothes and shoes while
she was a Commissioner with the Parks Commission. Employees actually purchased their own clothing and
gear because the quality was not up to the standards needed for cold and the work they performed. She
would support the motion.
Councilor Morris/Lemhouse m/s to amend the motion and reinstate item 43 and delete item #1.
DISCUSSION: Councilor Morris doubted item 41 was achievable and should be a requirement. He needed
more information on Item 43 before making a decision. Councilor Lemhouse thought it might allow staff to
attend a Study Session and address Councilor Rosenthal's concerns regarding item 43. He noted a potential
procedural error due to the amendment countering the main motion and preferred the amendment instead of
Ashland City Council Meeting
July 21, 2015
Page 7 of 8
the main motion.
City Attorney Dave Lohman clarified it would be simpler if Councilor Morris withdrew the amendment,
Councilor Rosenthal withdrew the original motion and each Councilor made separate motions. City
Recorder Barbara Christensen added Councilor Morris could remove the amendment and Council could vote
on the main motion if the proposer did not want to withdraw.
Councilor Morris withdrew the amendment.
City Administrator Dave Kanner further clarified the maker of the amendment could move to split the
motion.
Councilor Rosenthal withdrew the motion.
Councilor Rosenthal/Lemhouse m/s to delete Statement of Policy point #1 of Administrative Policy
#09-26-23. Roll Call Vote: Councilor Morris, Lemhouse, Seffinger, and Rosenthal, YES; Councilor
Voisin and Marsh, NO. Motion passed 4-2.
Councilor Rosenthal/Lemhouse m/s to continue participation in the Sweatfree Purchasing
Consortium. Voice Vote: all AYES. Motion passed.
3. Discussion and direction to staff regarding retail sales of marijuana
City Administrator Dave Kanner explained the recent legislative session made several significant changes to
state policy regarding the sale of recreational marijuana in Oregon. He did recommend the City do anything
to prohibit the sale of recreational marijuana in Ashland. Senate Bill 460 would allow medical marijuana
dispensaries to sell recreational marijuana starting October 1, 2015 unless the local jurisdiction adopted an
ordinance and submitted it to the state prior to October 1, 2015 prohibiting the sale of recreational marijuana
in medical marijuana dispensaries. Recreational marijuana would be subject to a 25% sales tax starting
October 1, 2015. Local jurisdictions would share revenues from the tax using a population-based formula.
The sale of recreational marijuana through medical marijuana dispensaries would end when the Oregon
Liquor Control Commission adopted its licensing regimen and began licensing recreational marijuana sales
outlets. Those sales outlets would be subject to a 17% state sales tax and a local jurisdiction that had not
prohibited the wholesaling, retailing, production, or processing of marijuana within its boundaries could
impose a local sales tax of up to 3% on recreational marijuana. In order to do that the City would adopt an
ordinance and refer it to the voters in the November 2016 election. Ashland was the first city in the state to
adopt an ordinance taxing recreational marijuana before ballot measure 91 even passed. House Bill 3400
contained language that explicitly repealed the City's ordinance. He did not support enforcing the existing
ordinance. The City could still tax medical marijuana since that portion of the ordinance was not affected.
The City could prohibit by ordinance licensed recreational marijuana cultivating, processing production,
wholesaling, and retail sales. He did not recommend pursuing a prohibitive ordinance. It would prevent the
jurisdiction from receiving any state shared revenue from marijuana taxes and the City could not impose a
local tax. He explained the formula for shared revenue and noted that January 1, 2018 the per capita formula
would end with distribution based on the number of retail licensees within each jurisdiction.
Currently the Planning Commission was discussing time, place, and manner restrictions on recreational
marijuana. Time, place, and manner could regulate commercial cultivation as well. The Planning
Commission looked at a draft ordinance that would place limitations on growing marijuana for personal use
that was not licensed. The Planning Commission was also researching limiting the number of plants grown
outdoors in residential zones and creating some separation from adjoining properties. City Attorney Dave
Lohman added the City could require growing indoors only.
Ashland City Council Meeting
July 21, 2015
Page 8 of 8
The way to maximize tax revenue from the state would be allowing as many marijuana retail outlets as
possible.
Joseph Kauth/1 Corral Lane 413/Recreation was a broad term and he did not know what it meant.
Cannabis stayed in the system for six months and he questioned what it did to people and the history. This
was an amazing opportunity for the City of Ashland to do something unique. Cannabis was illegalized in the
1940s so companies could introduce polyester and other things. Recreational use went into industrial
applications of cannabis and hemp. He questioned how the psychoactive properties affected the mind and
body. This was an opportunity for the Council to educate consumers in their quest to discover what this
product offered.
Council comments thought allowing medical marijuana dispensaries to sell recreational marijuana was
helpful because the people running the dispensaries were knowledgeable on types of marijuana and needs.
Other comments included an interest in putting a sale tax on the ballot and a concern with outdoor grows.
ORDINANCES, RESOLUTIONS AND CONTRACTS (None)
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
Councilor Lemhouse noted the Pacific Rim Bowl contained the best Japanese football players recently
graduated and noted upcoming events.
Councilor Seftinger shared her experience visiting the Ashland Airport and the airport's role in emergencies
like staging for forest fires, and potential earthquakes.
Councilor Rosenthal thanked City Administrator Dave Kanner and Executive Secretary Diana Shiplet for
hosting the Guanajuato Sister City breakfast and Mayor Stromberg for attending the event.
Councilor Marsh invited everyone to the Ashland Emergency Food Bank's second annual community pie
social. This was an opportunity to thank the community for their support. She went on to share the
invitation for the volunteer celebration that would happen August 30, 2015.
City Administrator Dave Kanner explained the transfer of $500,000 out of the insurance fund and into the
self-insurance fund a day early that went before Council at the June 30, 2015 Special Meeting was most
likely not needed. The loss ratio was 52% for June and the City finished the year with an aggregate loss ratio
of 74%.
ADJOURNMENT OF BUSINESS MEETING
Meeting adjourned at 9:21 p.m.
t?tiL`,> {
Barbara Christensen, City Recorder John-JStromberg; Mayor