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2015-0914 Study Session PACKET
CITY OF ASHLAND CITY COUNCIL STUDY SESSION AGENDA Monday, September 14, 2015 Siskiyou Room, 51 Winburn Way 5: 30 p.m. Study Session 1. Public Input (15 minutes maximum) 2. Look Ahead review 3. Energy Efficiency and Conservation Programs update 4. Plaza enhancement Project Update 5. Discussion of purchase of an air quality monitor for Ashland (request of Councilor Voisin) 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 1). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. STARTING APRIL 15, 2014, CHARTER CABLE WILL BROADCAST MEETINGS ON CHANNEL 180 OR 181. 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E U c cv N E m o c U° Q `n c o y d O N E o c Z B .2 is ci w cu L m j U m m a~ o m y L n c6 N _ d o 0 0 N Q_ m o 'm - O O m e a: o N o° N E N ~_o a a~i U a U o n m L n O=_ c o p UJ y~~= m°- o °U a° O U O 'U C > 0] L TL O N a) a) C N E C v c m y c _ m y 9 .n ° Z c I m Q E mLN,rncu N E~ E E N m° N a :3 (1) LL w (Ij o o U c v U O cm L <m c N O N a ° O N 0 o Q<. U U1.20-2 i-Oi Q cnOZC in LL io aE m ~ m r~ co rn ~ ~ N N N N N N N N CITY OF -1S H LA N D Council Communication September 14, 2015, Study Session Energy Efficiency and Conservation Programs Update FROM: Adam Hanks, Management Analyst, adam@ashland.or.us SUMMARY City staff will present an informational overview of the programs and activities of the Energy Conservations Division and answer questions from Council. BACKGROUND AND POLICY IMPLICATIONS: The City, through its longstanding relationship with Bonneville Power Administration, has operated energy efficiency programs for its electric utility customers for well over 20 years and continues to provide a wide ranging menu of efficiency and renewable energy generation programs for Ashland residents and businesses. A summary of the goals and objectives of the programs, as well as a snapshot of current programs available is provided as a supplemental attachment for the presentation at the study session. FISCAL IMPLICATIONS: Depending on BPA funding allocations, specific project submittals and policy/program direction from Council, the Energy Conservation program budget is between $450,000 and $780,000 annually, with roughly half of the funding coming from BPA and the other half from the Electric Fund. The net annual program expense amounts to between two and four percent of the overall Electric Fund operation. STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTION: n/a. This item is for informational purposes only. ATTACHMENTS: Energy Conservation Division Operating Plan and Program overview Page I of I 1~, CITY OF ASHLAND Energy Efficiency and Conservation Services Operating Plan Mission Statement To provide educational and technical assistance to Ashland's residents, businesses and institutions in efficient and cost effective local energy generation and consumption. Objectives 1. Develop and implement services and programs that reflect the values, goals and objectives of the community and the City Council. ll. Provide services and programs to all customers and residents of Ashland, but recognizing that cost effective efficiency opportunities and efforts may not always be proportionate to the customer mix of each utility ratepayer that contributes program funding III. Emphasize services and programs that achieve the greatest savings at the lowest cost per unit over the life of the product or measure IV. Set aggressive goals with specific measurable targets for program achievement in both the short and long term V. Be a community partner in educational and advocacy efforts for the efficient and cost effective use of resources VI. Utilize conservation and efficiency as a resource in utility capital infrastructure planning VI I. Assist and participate in further market development and utilization of new green technologies/infrastructure locally, within the region and beyond Program Benefits All programs and services are intended to provide short and long term benefits to both the specific targeted program customer, as well as to all residents in general through increased efficiency and stability of City utility operations and infrastructure utilization, as well as general City operations. Specific benefits to program customer include: Cost savings from reduced consumption (electricity, water, waste) Increased comfort on heating/cooling related programs Improved performance/efficiency of equipment Healthy and efficient landscape and/or garden production Locally generated electricity - Security & control Specific benefits to the City include: • Mitigation of future wholesale energy rates • Improved demand/grid load management • Economic Development - Reduced business costs Additionally, programs and services are intended to foster and encourage the growth and development of local expertise in the private sector to accelerate implementation of efficiency measures and retain and create jobs within the industry. Energy Efficiency Programs _ L_ Program Tools Weatherization Loan Appliances Incentive HVAC - Purchase/Install Incentive, Loan New Construction Incentive- Energy Star, Earth Advantage Lightin Incentive _ Program Tools Weatherization Incentive, Loan Appliances Incentive, Loan HVAC Incentive, Loan Lighting Incentive _ Office Efficiency Incentive- Energy Smart (not current) Third Party Incentive - ESG Solar Energy Programs - FW 7, ar Program Tools PV Solar system purchase/install Incentive, Loan Community Solar output purchase Purchase outright or loan Net Metering Grid consumption banking, annual "true up" Solar Water Heater purchase/install Incentive, Loan Educational Services & Events Closely, and often inseparably, related to specific services and programs is community and customer education and outreach. While some education and outreach is conducted to inform the community and customer about specific program offerings, effort is also made to inform the community about simple, small or no cost changes in equipment, manual or automated settings or personal habits and actions that can have a significant impact on conservation and efficient use of resources. Associations/Partnerships The Conservation Division has also served as City staff contact and representative for a variety of local and regional agency partnerships, associations and Commissions, providing expertise, collaboration, communication and support where the partnerships and representation connect with the direct and indirect purpose and mission of the Division and the City, including: Memberships & Partnerships Oregon Municipal Electric Utilities Northwest Energy Star Clean Energy Works Northwest Energy Coalition Rogue Valle Clean Cities Coalition Earth Advantage Institute Bonneville Environmental Foundation ICLEI, Local Gov't's for Sustainabilit CITY OF ASHLAND Energy Efficiency and Conservation Programs Appliance Rebates Refrigerator Rebates: $25 for Energy Star rated units. An additional $30 rebate is provided along with free recycling of old refrigerators with the purchase of the qualifying new unit. ➢ Clothes washers: $30 for Energy Star unit using an electric water heater or $20 for Energy Star unit using gas water heater. (additional rebate funds from water conservation programs) Residential Incentive Programs ➢ Heating, Ventilation & Air Conditioning (HVAC) ■ HVAC Ducting incentives of 80% of the cost of duct sealing or replacement of leaky ducts, up to $300 ■ Heat Pump - Up to a $600 incentive for installation of high efficiency heat pump ■ Ductless Heat Pump - Up to $1,500 for the installation of a split system heat pump with inverter driven outdoor compressor unit. ➢ Installation of insulation in walls, ceiling or floor eligible for up to 70% of project cost Window Replacement with Energy Star rated windows with a U-value of 0.30 or lower qualify for incentives of up to $6.00 per square foot of window area replaced ➢ In lieu of incentive payments, the City offers zero interest loans for qualified projects of up to $7,500 Commercial Incentive Programs Lighting Retrofits ■ Free lighting assessment ■ Calculation of potential savings and incentives available based on existing lighting to be replaced and efficiency ratings of replacement light fixtures ➢ Commercial Kitchen Equipment ■ Free equipment assessment ■ Available incentives for replacement of qualifying equipment such as reach-in refrigerators, dishwashers, convection ovens, electric fryers, steamers and other cooking related equipment Home Energy Analysis & Testing Services Provide resident with two year energy usage report to analyze and identify patterns in energy consumption ➢ Conduct walkthrough of residence to identify and notate sources of energy consumption Explain and perform blower door and duck leakage tests. Review results with resident ➢ Determine existing insulation levels of attic, wall and floor, existing ventilation systems, window type and rating within all conditioned space Provide written report of testing and home audit analysis highlighting program opportunities and other tips and suggestions for actions that could improve energy conservation Renewable Energy Incentive Programs Solar electric systems connected to the electrical supply grid can qualify for incentives of $0.75 for residential and $1.00 for commercial for each watt generated up to a maximum of $7,500 per project Solar water heating systems may also qualify for incentives of up to $1,000 per system. Earth Advantage Homes ➢ Coordinate and manage Earth Advantage/Energy Star Home applications from initial application, points evaluation, coordination with Planning, Building, Water Conservation and others to ensure plan review compliance, inspections/verification completion for final home certification in each category: Energy, Health, Land, Materials and Water. Land Use Review & Approval Process Review and comment on energy related issues and opportunities on pre-application submittals, planning actions and work with applicants through the construction process as applicable. ➢ Provide internal support and coordination regarding energy efficiency issues to both the Planning and Building Safety staff Conservation Commission ➢ Serve as Staff Liaison to Commission ➢ Provide staff support for Commission activities, programs and events. Program Goals • Annual Programs Report ➢ Compile and present annual report providing summary information on performance measures for each energy conservation program area, including: ■ kWh savings ■ Program cost per kWh saved (total and City) ■ Total customers served ■ Breakdown of customer types served (res, comm, industrial, etc) ■ Amount of renewable energy added to grid ■ Program cost per kWh generated • Conservation Webpage ➢ Develop e-newsletter based on utility billing customer portal and website sign up requests. ➢ Implement online home energy audit and residential use comparisons tools Expand online tool availability for Earth Advantage/Energy Star new construction program Explore use of video for conservation tips, program explanations, etc • Continued Participation in Industry Associations and Partner Agencies: Oregon Dept of Energy ➢ Bonneville Power Administration Earth Advantage Institute ➢ Energy Trust of Oregon ➢ Northwest Energy Star ➢ Oregon Municipal Electric Utilities CITY OF ASHLAND Council Communication September 14, 2015, Study Session Plaza Enhancement Project Update FROM: Scott A. Fleury, Engineering Services Manager, Public Works/Engineering, fleurysCa~ashland.or.us SUMMARY Council previously requested to review and approve the final designs associated with the approved Downtown Beautification projects. A project to add planter boxes and landscaping improvements on the Plaza was presented to the Council on August 18, at which time the Council referred the project to the Historic Commission at the Commission's request. This project now returns to the Council with the Historic Commission's input. BACKGROUND AND POLICY IMPLICATIONS: At the direction of Council, staff publicly advertised formal Request for Proposals (RFP) for landscape and hardscape design work associated with upcoming downtown beautification projects as recommended by the Downtown Beautification Committee and approved by the Council. The RFPs were approved by the City Council at the October 21, 2014 meeting. The City received two responses to both RFPs: Mackenzie in Portland and Dougherty Landscape Architects in Eugene. No proposals were received from local firms. As recommended by staff at the December 16, 2014 meeting, all proposals were rejected and staff initiated an informal selection process. Council required the final designs come back for approval before proceeding with construction. Covey Pardee Landscape Architects was selected for the Plaza improvements. Covey Pardee completed the design and specifications associated with the recommended Plaza improvements, which call for additional plantings, a 1/2 height barrier fence and three additional above-ground planters. The Historic Commission subsequently requested an opportunity to review the design and specifications for this project, which the Commission did at its September 2'd meeting. A letter from the Historic Commission is attached. Schedule Staff had hoped to have bid documents out for this project in September and to have construction completed by November. It may still be possible to meet that schedule if there is no further delay. FISCAL IMPLICATIONS: Funds for this project have been budgeted in the 2015-17 biennium budget. STAFF RECOMMENDATION AND REQUESTED ACTION: Approve final designs as presented by Covey Pardee. Page I of 2 ~r, CITY OF ASHLAND SUGGESTED MOTIONS: I move approval of the final plaza enhancement project designs created by Covey Pardee Landscape Architects. ATTACHMENTS: Letter from Historic Commission For further attachments, please see the packet from the August 4, 2015 meeting. Page 2 of 2 CITY OF ASHLAND September 2, 2015 Re: Changes to Downtown Plaza Dear Honorable Mayor and City Council, The Historic Commission respectfully recommends the use of substantial plantings instead of fencing to make the island space look less confined. The plantings would be more cost effective and safer than a fence. The Historic Commission recommends five (5) gallon plants, closely spaced together to create a natural foliage barrier. By planting evergreen or big leafy type plants (drought tolerant if possible) it would make the space lush and welcoming. Adding an anchor evergreen plant in each pot for winter interest would be a nice touch. Sincerely, Terry Skibby Historic Commission Chair Planning Division Tel: 541-552-2040 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us seversod anashland.or.us CITY OF ASHLAND Council Communication August 4, 2015, Business Meeting Downtown Beautification Project Update FROM: Scott A. Fleury, Engineering Services Manager, Public Works/Engineering, fleurys@ashland.or.us SUMMARY Council previously requested to review and approve the final designs associated with the approved Downtown Beautification projects. Staff is providing Council with the designs and a construction schedule update for four upcoming Downtown Beautification projects: 1. The Lithia/Pioneer parking lot landscaping improvements; 2. The Winburn Way corner near the Lithia Park entrance; 3. The northeast corner of Lithia and Pioneer; and 4. Planter boxes and landscaping improvements on the Plaza. BACKGROUND AND POLICY IMPLICATIONS: At the direction of Council, staff publicly advertised formal Request for Proposals (RFP) for landscape and hardscape design work associated with upcoming downtown beautification projects as recommended by the Downtown Beautification Committee and approved by the Council. The RFPs were approved by the City Council at the October 21, 2014 meeting. The City received two responses to both RFPs: Mackenzie in Portland and Dougherty Landscape Architects in Eugene. No proposals were received from local firms. As recommended by staff at the December 16, 2014 meeting, all proposals were rejected and staff initiated an informal selection process. Council required the final designs come back for approval before proceeding with construction. Covey Pardee Landscape Architects and KenCairn Landscape Architects were selected through an informal process to develop designs for the projects approved by Council. Covey Pardee was selected for the Plaza improvements and KenCairn was selected for the Pioneer parking lot, Winburn Way corner and corner of Lithia and Pioneer improvements. KenCairn Landscape Architects has completed the designs and specifications associated with the Pioneer parking lot, Winburn Way corner, and the triangle adjacent to Lithia Way and Pioneer St. The designs were taken to the Tree Commission for discussion regarding tree removal, protection and replanting at the May 7, 2015 meeting. (Click here for meeting minutes.) The parking lot design calls for demolition of some existing trees, shrubs and irrigation system. New trees, shrubs, irrigation, concrete pathways, fencing and lights will be installed as part of the final improvement. The corner of Lithia Way and Pioneer St. calls for new planting materials, new retaining/seat wall and ADA handrail for access to existing building. Covey Pardee Landscape Architects completed the design and specifications associated with the recommended Plaza improvements. The Plaza improvements call for additional plantings, a 1 /2 height barrier fence and three additional above-ground planters. Page I of 2 CITY OF ASHLAND Schedule The previous timeline was to award, design and construct by June of 2015. Due to the additional time required to obtain design services staff has developed a new timeline to minimize construction disturbances to both downtown parking and local businesses along with taking the drought into account. Staff expects the work to occur in phases starting in late fall with all projects being finished by April of 2016. Estimated project schedule: Fall (September thru November): Bid and construct Plaza improvements and ADA improvements at the corner of Winburn Way. Winter (December thru March): Bid and construct Pioneer parking lot improvements and the triangle improvements at the corner of Lithia Way and Pioneer. January (December thru March): Bid and construct Winburn Way corner improvements. FISCAL IMPLICATIONS: The Downtown Beautification Committee recommended $67,500 in transient occupancy tax be allocated for construction of the above referenced projects. To date a total of $17,400 in design funds for the projects has been encumbered for these projects. Public Works will contribute approximately $7,300 for concrete safety improvements. STAFF RECOMMENDATION AND REQUESTED ACTION: Move to approve final designs by Covey Pardee and KenCairn Landscape Architects. SUGGESTED MOTIONS: I move approval of the final downtown beautification project designs created by Covey Pardee and KenCairn Landscape Architects. ATTACHMENTS: • Pioneer Parking Lot Design (KenCairn) • Winburn Way Design (KenCairn) • Lithia Way Triangle Design (KenCairn) • Plaza Island Design (CoveyPardee) • Meeting minutes, September 2, 2014 Council Regular Business Meeting • Meeting minutes, October 21, 2014 Council Regular Business Meeting • Meeting minutes, December 16, 2014 Council Regular Business Meeting • Meeting minutes, May 7, 2015 Tree Commission Page 2 of 2 Fr, wv~WesD e~w x~uaN x~u Z o woo,adeospueluieoua~~tiia~ 6555'G09'GrSala~ JJ111~01(gDl\ ade~spue'1 ~F~, o o W Q OZSL6 d0 Puel4sd ZG56'ZSS'Gr5~ tILit9DuOx Yn V 3~ _ i o m LL u z Q 1aa)15d5r5 rsGS'esr'rr5:ial J- o m d NOS:2~0 aNV HSV r 3° N =T VIHII 1`d ?~33NOId W I W W c~~[ Z U O U :1 0 Q n r- ° J g U 0. z o m z J Z U U) 0 0 0 a r- C) 0 Lij ~ ~ z m Q I_ E E E v z O O Q ~ z Z w Z w 0 U O I Z Q fA ~ Q Z y Y W a IL W ~ ~Q Q a W z Z Z W > u W Ta O 00 0 0 W Q) C) U M 0) Q W o o ~oLu O O Cl) ~U o~f- Z (D 0 (D (D z z v° m z Z a~ z ~o J F-- LLJ M 0 _0 O J Un U) CL ~ No Q - o O ~ XW W X Xa1X 76 0 I-0 n.n.a N O W D ~ W W:D W / O U / / CC Z / G c 2 O Un w \ X ~U W WF-W L) LLI C~ U) a_ c 1 a N zzz W R ~n ii O U(Y oo~ gi 0 1 ° Y s (D 1:. 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U z O O co Omz JO m LJ ~O> Oz O :pQ r- o Q O - I-o m W W m = z J ~7, p d ~ m ~ O p < W I LLJ Z Z 0. W ~4~ Cn~ W p L%. L z z Q W m Q U) W tY O w C) t j L< WSW ~IY D Z~U 00 U UOZ 0Z co W Q~ cn Z LIJ Z 0 W p Z J to Q Q a Q w J d m U) Q J o o Q L1 W O J S C Q ~ uj Q W !Y v LL_ p Cn cr V, - O Jim _ J 0 a Q O J Z z~Z O - ppLLi ~ Z - - IYZJ LLj 0. < O U O W Fu Z ~i U) co r I Regular City Council Meeting September 2, 2014 Page 1 of 6 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 2, 2014 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, Slattery, Rosenthal, and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Wildfire Mitigation, Forest Lands, Public Arts, and Tree Commissions. City Administrator Dave Kanner and Council set September 18, 2014 at 8:30 a.m. for the next Goal Setting session. APPROVAL OF MINUTES The minutes of the Study Session of August 18, 2014, the Executive Session of August 18, 2014 and the Business Meeting of August 19, 2014 were approved with a clarification from the Mayor. Mayor Stromberg clarified his intention on page 5 of the Business Meeting of August 19, 2014, under the motion to approve the Resolution establishing tax rates for the sale of medical marijuana, with the following statement, "that although I support not taxing dispensaries if they operate like actual pharmacies, there's a good chance they won't, especially if the State integrates them with recreational marijuana outlets. In this case, the City may have substantial additional costs. So, for now, I believe we should tax the dispensaries to protect ourselves in case we get grandfathered but as part of the deal dispensaries are left out because we set their tax rate at zero." SPECIAL PRESENTATIONS & AWARDS City Administrator Dave Kanner presented the 2014 drought noted the following: • Talent/Phoenix/Ashland (TAP) completed and under budget • Few calls received on quality of water • Reeder Reservoir is 99% full - due to addition of Talent Irrigation District (TID) water • Water use remains low - under 4,000,000 gallons per day (mgd) • TID closes irrigation season on September 15 - if the City continued getting 2 mgd from the East and West Forks it may start to draw down the reservoir at 1 mgd • Water measures if the drought continued into winter and possibly banking water Division Chief-Forest Resource Chris Chambers and Lomakatsi Executive Director Marko Bey presented an update on Ashland Forest Resiliency (AFR) Stewardship Project funding. The update included background on the Master Stewardship Agreement, funds spent using stimulus dollars, grants, and dedicated funds. Lomakatsi Restoration Project provided fuel reduction work on 215 acres in the watershed and submitted a proposal, AFAR, for fuels treatment all around the watershed on private non- federal lands to compliment the work in the AFR project. The National Resources Conservation Service (NRCS) could provide an additional $3,900,000 to treat the 4,200 acres involved in that project through a special mechanism called the Regional Cooperative Conservation Partnership. Lomakatsi implemented 140 acres with 2013-14 funds from the City. Using matching funds from the National Forest Foundation Regular City Council Meeting September 27 2014 Page 2 of 6 and the City, Lomakatsi implemented 75 acres with 275 acres targeted for completion December 31, 2014. Of the $350,000, AFR spent all but $35,000. CONSENT AGENDA 1. Approval of commission, committee, and board minutes 2. Appointments to Airport Commission 3. Appointment to Historic Commission 4. Endorsement of the Monster Dash for the purpose of hanging a banner Councilor Voisin/Slattery m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS - None PUBLIC FORUM Kelly Hammond/184 Clearereek Drive/Requested a stronger police presence downtown specifically on the southwest corner of East Main Street and Pioneer Street. This area was a gathering place for the transient community and this stunner brought an increase of unacceptable behavior. She shared an incident where a transient's dog bit a customer from the store she worked at. An officer stationed in the area would have prevented this occurrence. Another issue was the escalation in aggressive pan handling and lewd comments. She stressed this was bad behavior of a few, not all and submitted a document into the record. Pam Hammond/642 Van Sant Street/Suggested the Mayor and Council remind downtown businesses of their responsibility for keeping the sidewalks safe and clean adjacent to their businesses. She suggested the City offer a steam cleaning service for a fee to downtown businesses on a monthly basis. She expressed concern for the animals that accompanied transients and spent their days on leashes in the hot sun and cement on the corner of Pioneer Street and East Main Street. She thanked Police Chief Holderness for the more visible police presence over the Labor Day weekend. The last few weeks were extremely challenging for her employees and visitors with the dense population of people and animals on the corner of East Main Street and Pioneer Street. They were grateful when they received a quick response to their phone calls. Councilor Lemhouse/Rosenthal m/s to place both items under New Business for council discussion. Voice Vote: all AYES. Motion passed. Mayor Stromberg moved the items under Other Business with Council consent. UNFINISHED BUSINESS - None NEW AND MISCELLANEOUS BUSINESS 1. FY 2013-2014 Fourth Quarter Financial Report Administrative Services Director Lee Tuneberg explained the report showed preliminary numbers, staff was still finishing the audit and preparing financial reports for a meeting with the Audit Commission. Total cash was flat between the years with many revenues and several expenditures in capital projects. The year finished within budget compliance and relatively close to projections. Mr. Tuneberg clarified and explained how water sales increasing and usage decreasing did not necessarily indicate a rate increase. The similar applied to the city overspending $1,600,000 compared to the anticipated $11,000,000 reduction in working capital carry forward. Staff compared total resources to total requirements. Another factor were capital projects not starting as scheduled causing fluctuations on the carry forward with funds received for one year being spent in the following year. He went on to clarify Regular City Council Meeting September 2. 2014 Nee 3 of 6 the money transferred from the Reserve Fund into the General Fund was for the Community Resource Center and the health benefits fund as a loan. Councilor Rosenthal/Voisin m/s to accept the preliminary fourth quarter financial report for Fiscal Year 2013-2014. Voice Vote: all AYES. Motion passed. 2. Recommendation from the ad hoc Downtown Improvement and Beautification Committee for the use of TOT funds for "other City projects that qualify" Management Analyst Ann Seltzer explained the Committee developed a plan using transient occupancy tax (TOT) funds for beautification projects primarily in the downtown area. The Committee identified the following projects for the current budget cycle: • Landscape Improvements to Lithia Way/Pioneer Street Parking Lot Ms. Seltzer explained pedestrian traffic patterns were already established and the Parks and Recreation Department created bark dust pathways to channel people through the area. The Parks and Recreation Department used fencing to protect new plants along the Lithia Way buffer in the past and removed it when the plants were established. The intention was protect the plants and make a decision regarding the fencing later. Council wanted to review implementation plans for each project for final approval. • Commission a vertical decorative element/public art for the half wall adjacent to Earthly Goods and incorporate seating Ms. Seltzer clarified the Public Arts Commission would develop a request for proposal (RFP) for conceptual designs. Brent Thompson vice-chair of Beautification Committee further clarified the allocation was up to $18,000. • Planter at the corner of Winburn Way and North Main • Triangle at the corner of Pioneer Street and Lithia Way Staff confirmed the Engineering Department was involved in the recommendation to use funds from the miscellaneous concrete fund. Mr. Thompson confirmed recommendations before Council did not go through the Transportation Commission. The Downtown Improvement and Beautification Committee did not think they were germane to the Transportation Commission. Councilor Voisin motioned that the Transportation Commission look at those projects dealing with pedestrian safety issues. Motion died for lack of a second. • Plaza - free standing planters, additional plants, decorative fencing to protect new plants Council wanted to know the type of planter, plants, and colors, which department would provide maintenance, projected annual overhead costs, staff time, budget, and who would decide what it looked like. Mr. Thompson responded the project would go out for bid and come back to Council for plan approval. • Plaza partial paver replacement The Committee would forward recommendations for the next fiscal year to Council at a future meeting. Projects the Committee had already implemented included three new temporary Welcome to Ashland signs, colored pennants in the Plaza, installing a pedestrian light at the staircase leading from New Theatre to East Main Street, and allocating $12,500 for right of way improvements on Lithia Way between Pioneer Street and Oak Street that would begin fall 2014. Regular City Council Meeting September 2, 2014 Page 4 of 6 Isabeau Vollhardt/45 Alida Street #2/Expressed concern regarding the color of the pavers in the Plaza and explained the color created heat issues during the summer. The first priority project should be replacing 60%-75% of the pavers. If cost was an issue, there were several residents willing to spearhead a fund raising campaign. Shade was another issue that needed attention. Rik Burns/77 California Street #4/Also had concerns regarding the Plaza and wanted to remind the Committees and those involved in future projects to honor the agreed plans between the City and the community to avoid another "Plaza Gate." Doug Burns/77 California Street #4/Referred to his previous public testimony regarding paver selection in the Plaza that outlined violations of the Ashland Municipal Code, and how the City Administrator and City Attorney did not know or take responsibility for the obvious violations. The violations included the decision to change the pavers from salmon to gray because it complimented public art and the other was a subcommittee making a decision on a $225,000 project. He felt maligned by the City Administrator following his prior testimony. Councilor Lemhouse called for a point of order explaining Mr. Burns's comments did not pertain to the topic and he should have spoken during Public Forum. The City Attorney agreed. Mr. Burns took issue with the decision and reiterated his points. John Wieczorek/165 Orange Street/Noted the need for more public restrooms open 24 hours a day. He specifically addressed the Porta Potty. Marilyn Briggs/490 Glenview Drive/Researched public spaces and noted the original discussion regarding the Plaza included requests for low maintenance and decisions that would avoid vandalism. The recommendation to add planters would cost more to maintain and most likely incur vandalism. If people wanted greenery, Lithia Park was across the street. She did not want more expenditure on greenery for the Plaza. She noted designers talked about open public space being neutral creating a background. It was the people in the space providing the color and movement. From her research, very few plaza spaces used red or sand colored brick. She hoped the City would not spend a lot of money on something not needed. She went on to suggest the City create a proper entry to City Hall. Committee member Stefani Seffinger thought the Beautification Committee should continue and work on the paver project if Council went forward with that recommendation. The purpose of the Plaza needed better definition, was it a gathering space or an area to pass through. She submitted an article on trees that pollute into the record. Committee member Michael Dawkins shared input from long tens residents that noted the Plaza had more activity recently than years before. He also added on hot days it did not matter what color the pavers were, they were all hot. Mr. Thompson made additional comments on the Committee and explained there was $25,000 of unallocated funds leftover for biennium July 1, 2015 - June 30, 2017. The Committee would reconvene if Council wanted. Councilor Lemhouse/Slattery m/s to approve the recommendations of the Downtown Beautification Improvement ad hoc Committee and direct staff to provide Council with a plan for implementation for each project. DISCUSSION: Councilor Lemhouse thanked the Committee and City staff for their involvement and efforts and appreciated their willingness to reconvene if needed. It was prudent to accept the recommendations and get further into the details when the implementation plans came before Council. He was not comfortable at the Council level choosing color palettes. Councilor Slattery sat in on the Committee once and thought how the Committee behaved defined democracy in a small community. Councilor Marsh added the Committee exceeded Council expectations and liked their expertise and recommendations. She suggested including RFP's with the implementation plans in order Regular City Council Meeting September 2. 2014 Page 5 of 6 to be as transparent and publicly accessible as possible. Councilor Rosenthal liked the recommendations with one exception he might vote against in the future. Councilor Voisin motioned to amend the motion that the Council table the two plaza projects for a later- date and focus on the other projects. Motion died due for lack of a second. Councilor Morris explained that even thought he did not second the motion he would wait until the information on the projects came forward to decide whether to support them or not. Continued discussion on main motion: Mr. Kanner explained staff would send out RFPs and RFQs (Request for Quote) to landscape architects for designs that would go before Council for approval prior to moving forward. He estimated the most expensive RFP or RFQ would cost $4,000. Councilor Marsh suggested involving Council at the earliest feasible phases on the projects particularly the Plaza projects. Roll Call Vote: Councilor Slattery, Rosenthal, Marsh, Voisin, Lemhouse, and Morris, YES. Motion approved. 3. Direction to staff regarding questions for citizen survey City Administrator Dave Kanner explained every other year the City participated with the National Research Center in the National Citizens Survey along with 500 cities nationwide. As part of the survey, the City could ask three locally generated questions, one open ended and two multiple choice. The Parks Commission wanted to ask what programs the community wanted Parks and Recreation Department to offer or expand as the open-ended question and Council agreed. Council selected a question regarding economic development and one regarding the City Hall building. They requested the question for the City Hall building be less specific or to use the original question staff proposed. ORDINANCES RESOLUTIONS AND CONTRACTS 1. Approval of a resolution titled, "A resolution establishing fees and charges effective September 4, 2014, for medical marijuana dispensary application processing" Administrative Services Director Lee Tuneberg explained the resolution provided new fees when the City processed pen-nits for medical marijuana dispensaries beginning Thursday September 4, 2014. City Attorney Dave Lohman submitted a revised resolution that did not have language regarding _background checks. Enforcement regarding employees with disqualifying criminal background could occur through owner self-disclosure, via complaint, or discovered during an investigation of the dispensary. The condition of not having a disqualifying criminal history was continual. Councilor Rosenthal/Marsh m/s to approve Resolution 2014-16. Roll Call Vote: Councilor Voisin, Rosenthal, Marsh, Lemhouse, Morris, and Slattery, YES. Motion approved. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Discussion regarding transients and safety issues for the E Main Street and Pioneer Street area. Police Chief Terry Holderness explained the Police Department provided more coverage to the downtown area this summer than in the past. He originally intended 100 hours of coverage but due to staffing and the You Have Options program was only able to provide 70 hours a week. The summer was relatively quiet until the past two weeks that generated several complaints downtown. Jackson Wellsprings held an annual music event a week before Burning Man that drew many transients and travelers. People typically would stay for a few days then leave for Burning Man however, this year several stayed in Ashland that resulted in issues and complaints. Most of the conduct described was not against the law in the state of Oregon and that included harassing comments. The Police Department planned to increase patrol of the downtown area for the next couple of weeks until the group passed through. He hoped that the following summer the department would be fully staffed and funded to Regular City Council Meeting September 2, 2014 Page 6 of 6 provide 100 hours of coverage in the downtown area each week. The Police Department had issued inany tickets to people visibly intoxicated and drinking in public but did not think citations were a deterrent for people not intending to stay in the area. People ticketed this summer who did not pay their fines would have warrants issued for their arrest when they returned the following year. The area in front the Black Swan that caused so much issue would undergo a remodel through the Oregon Shakespeare Festival (OSF) that would reduce complaints at that corner. The changes would displace some transients to another location. Chief Holderness clarified sexual harassment was a civil tort and not a criminal violation. Sexual assault was reasonable apprehension of physical violence established through the reasonable person standard. Chief Holderness was confident the changes to the Black Swan area would drastically reduce activity next year. The problem was displacement. Another contributing issue was raised planter boxes off the sidewalk, wherever planters like that stood the City had problems. He addressed dogs and explained the police cite owners for not maintaining their dogs or physically abusing them but did not cite for undernourished animals. It was also difficult enforcing licensing and vaccination requirements on dogs with transient owners. Council would further discuss police presence and what action Council could take at a future Study Session. City Administrator Dave Kanner explained staff had discussed offering a service to steam clean sidewalks for businesses during the shoulder seasons. The Street Department staff was extremely busy with work they could only accomplish during summer. The City did not clean the sidewalks because it was a resource allocation issue and the Ashland Municipal Code stated that the adjacent property owner was responsible for maintaining the sidewalk in a clean and safe condition and removing obstructions. Mr. Kanner would look into a program for the off-season, establish a fee rate, and bring it back to Council for consideration. Councilor Marsh shared that 200 families attended the Family Fest event at the Ashland Resource Center held August 27, 2014 and received a variety of services. Councilor Lemhouse noted people brought 157 lbs. of food to the Ashland High School scrimmage that occurred August 23, 2014. Councilor Voisin congratulated the Police Department for their nomination of the Webber Seavey Award for excellence in Law Enforcement for the You Have Options Program and making it to the top ten. Mr. Kanner announced a ribbon cutting celebration for the TAP pipeline Thursday, September 11, 2014 at 4:30 at the new pump station at 2253 Rogue Valley Highway 99 North. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 10:29 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor Regular City Council Meeting October 21. 2014 Page I of MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL October 21, 2014 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, Slattery, Rosenthal, and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Forest Lands, Wildfire Mitigation, Historic, Public Arts, Transportation, and Tree Commissions. APPROVAL OF MINUTES The minutes of the Study Session of October 6, 2014, Executive Session of October 6, 2014 and Business Meeting of October 7, 2014 were approved with the following clarification to the October 7, 2014 meeting regarding the discussion on Title 18 Land Use: Page 4 of 6. Council agreed to forward an increase in height along with a conditional use permit (CUP). SPECIAL PRESENTATIONS & AWARDS 1. Public Art Commission annual presentation to City Council Margaret Garrington, Chair of the Public Arts Commission presented the annual report to Council. She noted the following projects in her report: • Gateway Island Project • Calle Staircase • Walkway between New Theatre and East Main Street • Public Art Inventory • Newest Public Art Chair Garrington shared the Commission's goals and timelines on current and ongoing projects and identified future public art projects for 2015. In addition, she brought forward a request from the Commission that Council consider revising AMC 2.10.040 "Quorum and Effect of Lack Thereof' to allow a quorum of more than one-half of the appointed commissioners. The current language requires a quorum of more than one-half of the members including vacant positions. 2. Code Compliance Program - one-year update Code Compliance Specialist Kevin Flynn explained to date code compliance had received over 900 contacts from citizens and partners in city government. Some calls were easily resolved and others took time. The majority of issues was land use, assistance to various city departments, and recently sign code. He addressed the Short-term Vacation Rental Compliance History map noting the program's success and that at this time there were no properties out of compliance. Trending code complaints included the following: • Medical marijuana agricultural grow sites as causing a negative impact due to noxious odor of the plants Mr. Flynn was using the same model for medical grow sites used for short-term vacation rentals, he Regular City Council Meeting October 21. 2014 Page 2 of 8 contacted the property owners and advised them of the ordinance and put them on a cease and abate warning. Because it was a medicinal grow, he was not requesting they remove their plants but asked them not to grow the following year or at the level that caused the strong odor. City Attorney Dave Lohman thought the nuisance ordinance was sufficient for enforcement. • Recreational trailers, utility sheds and other temporary structures being used as long-tern dwelling units in backyards and driveways in single-family zones on private property • Increase of mice and rats that some citizens are associating with chicken coops Council expressed appreciation for Mr. Flym1's efforts. PUBLIC FORUM David Wick/2560 Eagle Creek Lane/Asked Council to consider forming a Culture of Peace Commission (CPC). A culture of peace encompassed values, attitudes, traditions, modes of behavior and ways of life as well as how the City could function with practices that were practical and grounded with a return on investment. The community supported this commission. He submitted documents into the record. Irene Kai/2560 Eagle Creek Lane/Noted Ashland was recently designated Google eCity for the second year in a row. It took leadership and vision for the Chamber of Commerce in the 1980s to establish internet. Ashland was innovative with great leadership, vision, and the courage to create their vision. If Council created a Culture of Peace Commission it would lead the citizens to practice the culture of peace and put Ashland forward as a city of peace to the rest of the world. Eric Sirotkin/2016 Ashland Mine Road/Explained he was an attorney and mediator and spoke on creating a Culture of Peace Commission in Ashland. The Commission would bring in people with non-violent communication skills, reconciliation and mediation skills, and compassionate listening. The commission would help confront issues in a way that built a solid, healthy, forward thinking city. He asked Council to place the Culture of Peace Commission on a future agenda for discussion. Councilor Marsh/Lemhouse m/s to add to the agenda a discussion on the timing of Ragland Award. Roll Call Vote: Councilor Voisin, Morris, Lemhouse, Slattery, Rosenthal, and Marsh, YES. Motion passed. Councilor Voisin requested adding a discussion regarding the Culture of Peace Commission to a future Study Session agenda in 2014. CONSENT AGENDA 1. Approval of commission, committee, and board minutes 2. Special procurement for the purchase of Allen-Bradley (brand specific) electrical products and components Councilor Rosenthal/Marsh m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS (None) UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Approval of three Request for Proposals (RFP) for architectural designs for downtown improvement projects Engineering Services Manager Scott Fleury explained the RFP projects included: Regular City Council Meeting October 21. 2014 Page 3 of 'S 1. Improvements to the planter area at the corner of Winburn Way and North Main Street and the triangle at the corner of Lithia Way and Pioneer Street 2. Landscaping at the Pioneer Street and Lithia Way parking lot I The addition of plant material to the Plaza and partial paver replacement Two projects that required additional work and safety improvements involved pushing out the handicap ramp by the Winburn Way planter for higher visibility. The second project was the corner of Lithia and Pioneer. There was an existing driveway where the beautification project would go and staff recommended replacing the driveway apron and improving grade issues on the sidewalk. Mr. Fleury explained the initial estimate did not include the $18,000 in design work. Covey Pardee provided probable construction cost estimates. The engineering cost estimates came after and included professional associated costs. City Administrator Dave Kanner further explained the cost estimates had a 20% contingency that was typical at the design stage and would most likely not be spent. The projects were scaled in a way they could all be done with the available dollars and within budget. Councilor Lemhouse/Rosenthal m/s to approve the RFP for design and implementation for improvements to the planter on the corner of Winburn Way and North Main and the triangle at the corner of Pioneer Street and Lithia Way. DISCUSSION: Councilor Lemhouse emphasized all three were requests for proposal, design questions would happen later. Councilor Rosenthal concurred. Councilor Voisin would not support the RFPs, these were public spaces, and Council needed to hear from the public beyond the special interest of the Downtown Beautification Committee. She also wanted the Tree Commission involved for tree selection, and an arborist and staff from the Conservation Department involved as well. Councilor Voisin motioned to amend each RFP that 1) a public forum be required for each project, 2) that the Tree Commission be consulted for trees only, that the City hire an arborist to oversee all construction especially around the native cedar on North Main Street and 3) that Julie Smitherman be consulted for drought tolerant shrubs and plants for all three projects. Motion died for lack of a second. Mayor Stromberg objected to the characterization of the Committee as representing special interests. He appointed the members to work on behalf of all the citizens. Councilor Voisin clarified the members were stakeholders. Councilor Lemhouse called for a point of order and Mayor Stromberg ruled in his favor. Councilor Voisin motion to challenge the decision made on the point of order. Motion died for lack of a second. Continued discussion on amended main motion: Councilor Marsh supported the main motion, both areas in the RFP needed to become more pedestrian friendly. Roll Call Vote: Councilor Lemhouse, Marsh, Morris, Slattery, and Rosenthal, YES; Councilor Voisin, NO. Motion passed 5-1. Councilor Lemhouse/Slattery m/s to approve the REP for design work and implementation of landscape improvements to the parking lot at the corner of Pioneer Street and Lithia Way. Roll Call Vote: Councilor Lemhouse, Marsh, Morris, Slattery, and Rosenthal, YES; Councilor Voisin, NO. Motion passed 5-1. Councilor Lemhouse/Slattery m/s to approve the RFP for design work and implementation of improvements to the Plaza. Councilor Marsh/Slattery m/s to amend the motion to delay consideration of the RFP until after the Regular Cite Council Meeting October 21, 2014 Page 4 of 8 Study Session on December 2, 2014. DISCUSSION: Councilor Marsh explained Council would meet to discuss what kind of planning process they wanted for the Plaza at the December 2, 2014 Study Session. Councilor Slattery agreed adding it would allow public input. Councilor Marsh withdrew her amendment. Councilor Lemhouse withdrew his motion. Councilor Marsh/Slattery m/s that consideration of the RFP for design work on the Plaza 21 improvements be deferred until after the Study Session on December 2, 2014. DISCUSSION: Councilor Rosenthal would not support the motion and did not think the delay was necessary. Roll Call Vote: Councilor Lemhouse, Marsh, Morris, and Slattery, YES; Councilor Voisin and Rosenthal, NO. Motion passed 4-2. 2. Ad-Hoc Recycle Center Committee recommendations for the Recycle Center, waste reduction and recycling Management Analyst Adam Hanks explained the ad-Hoc Recycle Center Committee made the following recommendations: • Creation of a sticker program for curbside recycling The Committee recommended approving and implementing this program. Councilor Morris/Lemhouse m/s to approve the creation of a sticker program for curbside recycling. Roll Call Vote: Councilor Morris, Marsh, Rosenthal, Voisin; Slattery, and Lemhouse, YES. Motion passed. • Remove comingle recycle collections from the Recycle Center The Committee did not recommend approving this option because the savings gained did not outweigh overall objectives of waste diversion options for the public. Councilor Rosenthal/Slattery m/s to continue comingle recycle collections at the Recycle Center. DISCUSSION: Councilor Slattery explained this was an important aspect to the Recycle Center and Ashland was doing something good for the environment by retaining the service. Roll Call Vote: Councilor Morris, Marsh, Rosenthal, Voisin, Slattery and Lemhouse, YES. Motion passed. • Change fee methodology for Recycle Center surcharge The Committee recommended maintaining the existing monthly flat fee on Recology customer bills. Recology received approximately 12-15 calls regarding the $1.60 surcharge on customer bills. Establishing a donation system raised operational concerns. The Committee spent considerable time on charging a fee to use the Recycle Center. It was problematic on several levels that included social equity issues, cash handling, paying someone to collect the money. In the end the $1.60 was successful in capturing costs. The Recycle Center was a part of the culture of Ashland and that people utilized it without paying fell under the category of providing a good service for the planet. The Committee agreed the Recycle Center needed to evolve and was open to exploring options in the future. Councilor Rosenthal/Slattery m/s to maintain the existing monthly flat fee on Recology customer bills. Councilor Marsh/Lemhouse m/s to amend motion to direct staff to continue discussions with Recology regarding a donation system. DISCUSSION: Councilor Marsh wanted the committee to detennine a way for people to understand there was a cost to the recycling service Ashland was offering and provide them with an opportunity to contribute. Roll Call Vote: Councilor Morris, Marsh, Rosenthal, Slattery, and Lemhouse, YES; Voisin, NO. Motion passed 5-1. Regular City Council Meeting October 21, 2014 Page of 8 Continued discussion on amended main motion: Councilor Lemhouse struggled with the idea that some people did not have to pay for a service others paid for. Attaching a fee to the electric or water bills seemed fairer. Roll Call Vote on main motion: Councilor Morris, Marsh, Rosenthal, Voisin, Slattery, and Lemhouse, YES. Motion passed. • Expand non-curbside collections materials available to reuse/recycle at the Recycle Cent The Committee recommended approving and bringing back results to the Council for final implementation approval with review by the Conservation Commission. Councilor Marsh/Lemhouse m/s approve the Committee recommendation and direct staff to bring back results to the Council for final approval. Roll Call Vote: Councilor Morris, Marsh, Rosenthal, Voisin, Slattery, and Lemhouse, YES. Motion passed. • Develop and implement a waste reduction and recycling education and outreach program for the community Committee recommendation to approve and bring back results to the Council for final implementation approval with review by the Conservation Commission. Councilor Lemhouse/Rosenthal m/s to accept the Committee recommendation regarding the development and implementation of a waste reduction and recycling education and outreach program and bring it back to Council for final implementation approval. DISCUSSION: Councilor Lemhouse strongly supported education commenting that it helped change behavior. Councilor Rosenthal thought Ashland had the opportunity to be an innovator in this regard. Roll Call Vote: Councilor Morris, Marsh, Rosenthal, Voisin, Slattery and Lemhouse, YES. Motion passed. • Explore a pilot program or system to offer pre and/or post consumer food waste diversion options Committee recommendation was approve and bring back results to the Council for final implementation approval with review by the Conservation Commission. Councilor Rosenthal explained post food waste handling made up to 30% of the waste stream. Councilor Rosenthal/Slattery m/s to explore a pilot program or system to offer pre and/or post consumer food waste diversion options and bring back results to Council for final implementation or approval. DISCUSSION: Councilor Morris thought this was a recommendation that could bring a large return. Roll Call Vote: Councilor Morris, Marsh, Rosenthal, Voisin, Slattery, and Lemhouse, YES. Motion passed. • Update Ashland Municipal Code 9.22 - Opportunity to Recycle The Committee recommended approving and bringing back results to Council for final implementation approval with review from the Conservation Commission. Councilor Marsh/Rosenthal m/s to instruct staff to investigate updates to the Ashland Municipal Code 9.22 - Opportunity to Recycle and report to Council for final approval and implementation. DISCUSSION: Councilor Marsh noted the intention was making recycling available to everyone in the community and sometimes that was missed in multifamily developments. Council Rosenthal added it had been 22 years and it was time to review the code. Roll Call Vote: Councilor Morris, Marsh, Rosenthal, Voisin, Slattery, and Lemhouse, YES. Motion passed Council directed staff to bring back the report from Recology on financial incentives in the payment structure Regular City Council Meeting October 21. 2014 Page 6 of 8 for trash services along with the other items requiring approval by Council. Mayor Stromberg moved the agenda item regarding the Approval of a resolution titled, "A resolution in support of fossil fuel divestment" under Ordinances, Resolutions, and Contracts from #2 to #l. 3. Discussion of deer education proposals City Administrator Dave Kanner explained the agenda item was a result of a citizen testifying under Public Forum during the September 16, 2014 Council meeting who requested the City increase public awareness about living with deer. Council could limit the discussion to education or look into mitigation that had limited options. Staff had received a small amount of emails from citizens that wanted the City to take some form of mitigation. Amy Felmley/187 Gresham Street/Explained she had lived in Ashland for a year and spent four months researching deer after an attack she experienced in her yard. She did not expect the City to take the lead on education but wanted information made public on what to do when you encounter a deer while walking a dog and how to respond when being chased by a deer. The City newsletter fell short providing that information to the public and the links mostly discussed fences. She thought the perception of deer being harmless should change to potentially dangerous. She clarified she was not talking about culling deer or sterilization at this time but wanted deer identified as dangerous removed. She had discovered the Oregon Department of Wildlife would occasionally grant a permit to remove a specific deer. Councilor Marsh/Slattery m/s to suspend rules to allow questions. Voice Vote: all AYES. Motion passed. Ms. Felmley thought the City website was the appropriate place for new residents to learn of deer being potentially dangerous but the site did not offer information on protecting oneself from an attack. Mayor Stromberg added citizens signing up for utilities presented another opportunity to inform citizens of potential harm from deer. Ms. Felmley went on to read steps a person could take if attacked by a deer from a document she submitted into the record. Mayor Stromberg reinstated Council rules. Council directed staff to bring back an educational campaign on dealing with deer and wildlife in general using the website, City Source, providing information when a citizen signed up to receive utilities, and research possible partnerships in the community. Council suggested a television program with experts talking directly to the public, or a Town Hall meeting on the topic. Council comments regarding mitigation wanted to know the options and other comment did not want to pursue mitigation. ORDINANCES RESOLUTIONS AND CONTRACTS 1. Approval of a resolution titled, "A resolution in support of fossil fuel divestment" City Recorder Barbara Christensen worked with Southern Oregon Climate Action Now (SOCAN) who asked Council to support fossil fuels divestment by requesting the Oregon Short Term Board (OSTB) and PERS Board (Public Employee Retirement System) not invest in fossil fuel companies. The resolution would not make any changes to the City investment policy. Tamsin Taylor/594 Great Oaks Drive/The resolution in support of fossil fuel divestment provided an opportunity for Council to request the OSTB and PERS Boards review and consider divestment. The resolution was only a recommendation. Divestment would not result in lower returns. Diana O'Farrell/929 Mountain Meadows/Explained the recent drought and reduced snow packs were consistent with global wanning models. If the economic plans of fossil fuel corporations continued unabated, the climate changes would get worse. She asked the City to join others and take a stand to support divestment and encourage fossil fuel corporations to adjust their practices. Regular City Council Meeting October 21, 2014 Page 7 of 8 Reverend Thomas Buechele/829 Boulder Creek Lane/Governments at all levels were under strong corporate voice promoting maximization of short term profits in relationship to the whole issue of oil fossil fuels. Intergenerational justice demanded that people take whatever actions possible at this time to assure future generations were able to enjoy a livable, hospitable, and beautiful planet. He urged Council to support the resolution. Councilor Slattery/Voisin m/s to approve Resolution #2014-19. DISCUSSION: Councilor Slattery supported the resolution. Councilor Voisin commented SOCAN had researched the resolution and the City Recorder did due diligence for the City. By supporting this resolution, Ashland was joining hundreds of cities and organizations who were taking the cause of the climate crisis seriously. Councilor Morris supported the motion but questioned how to achieve the goal. The real goal should be reducing reliance on fossil fuel. Councilor Lemhouse would support the motion and appreciated the changes SOCAN made to the resolution after Council expressed concerns. This was an active step but people should do more than resolutions to change the issue. Councilor Rosenthal thought it might be easier to divest from coal. Councilor Marsh noted that Council chose as one of its five priorities for the next five years to develop and implement a climate and energy plan. This was a step in that direction. Roll Call Vote: Councilor Morris, Marsh, Lemhouse, Voisin, Rosenthal, and Slattery, YES. Motion passed. NEW AND MISCELLANEOUS BUSINESS-continued 4. Plaza replacement tree recommendations Assistant Planner Michael Pina explained two arborists on the Tree Commission thought the Red Oak might have more invasive root systems than the Bur Oak. Both trees produced acorns. The Tree Commission had discussed the potential risk to roots due to overwatering. To Mr. Pina's knowledge, the Parks and Recreation Department had not participated in the tree selection. City Administrator Dave Kanner had talked to various people in the Parks and Recreation Department and no one had a strong recommendation on the type of tree. The Red Oak was slightly smaller in base and diameter height than the Burr Oak and produced bright red leaves in the fall. The Bur Oak turned a yellowish brown in the fall. Councilor Voisin/Marsh m/s to select a Red Oak to replace the recent deceased tree in the downtown Plaza. DISCUSSION: Councilor Voisin thought the Red Oak was more appropriate and a better fit due to the size of the Plaza than the Bur Oak that could grow large. Councilor Rosenthal would not support the motion. He disagreed with the tree choice, was concerned the Parks and Recreation Department was not consulted on the choice, and thought more examination was needed. Councilor Lemhouse agreed with Councilor Rosenthal and did not think the Council should be picking a tree. He trusted staff would make the right decision. Councilor Slattery thought the Parks Commission needed to be involved in the choice and would not support the motion. Councilor Morris would vote against the choice as well. He had hoped for a native tree instead of an eastern one. Mr. Pina explained a native tree would not do as well given the irrigation in the area. The Tree Commission made the tree selections just prior to Michael Black being hired as the new Parks and Recreation Director. Mr. Pina had a discussion with Mr. Black regarding the choice and he was fine with the selection. Roll Call Vote: Councilor Slattery, Voisin, Marsh, Lemhouse, Morris, and Rosenthal, NO. Motion died. Council directed staff to consult with the Parks and Recreation Department, follow appropriate protocol with the Parks Commission, and make a decision on behalf of the Council and not bring the decision back to Council unless the selection did not include either the Red Oak or Bur Oak. ORDINANCES RESOLUTIONS AND CONTRACTS-continued 2. Approval of a resolution titled, "A resolution authorizing the City of Ashland to provide a city building for a winter shelter two nights per week through April, 2015" Regular City Council Meeting October 21, 2014 Page 8 of 8 City Administrator Dave Kanner explained this was the same resolution adopted over the past two winters allowing the use of Pioneer Hall as winter shelter two nights a week staffed by volunteers from the Rogue Valley Unitarian Universalist Fellowship (RVUUF) and Temple Emek Shalom. Councilor Marsh did not want to allow children in the shelter and wanted to delete the reference to children under Section 2 Terms and Conditions (g). Mr. Kanner clarified volunteers' designated separate sleeping areas for men and women but did not enforce it if the guest was uncomfortable with that sleeping arrangement. Councilor Marsh/Lemhouse m/s to approve Resolution #2014-20 and delete from Section 2 (g) "Appropriate signage must be displayed that warns against children being left alone." DISCUSSION: Councilor Marsh thought it was a terrific program and a great way to leverage a City resource with volunteers. Roll Call Vote: Councilor Voisin, Marsh, Rosenthal, Slattery, Morris, and Lemhouse, YES. Motion passed. 3. Approval of a resolution titled, "A resolution consenting to the transfer of control of the cable franchisee Falcon Cable Systems Company II, L.P. to Comcast Corporation, with conditions" City Attorney Dave Lohman explained the only basis for challenging a transfer like this was if the City had reasonable legal, technical, and financial capability questions about Comcast. Staff had hired a telecommunications attorney to ensure the City asked for everything possible in terms of conditions. Mr. Lohman received a call from Charter asking the City to remove item (2) under Section 2 Conditions to the Transfer of Control because it would limit their due process rights under the existing franchise. Councilor Slattery/Lemhouse m/s to approve Resolution #2014-18 and delete under Section 2, item 2. DISCUSSION: Councilor Rosenthal would not support the motion and expressed serious concern regarding the level of customer service from Comcast. Mr. Kanner clarified the City could charge Comcast 5% of gross revenues on cable service. The City could not assess a franchise fee on internet and data services. The 5% charge was a limitation set by federal law. Roll Call Vote: Councilor Slattery, Lemhouse, Morris, Marsh, YES; Councilor Rosenthal and Voisin, NO. Motion passed 3-2. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Marsh suggested removing the State of the City from the Council meeting and making it an event that included the presentation of the Ragland Award. Councilor Marsh/Slattery m/s to award the Ragland Award at the annual State of the City address in January. Voice Vote: all AYES. Motion passed. Councilor Lemhouse expressed concern moving agenda items during the meeting and preferred adhering to the printed agenda established prior to the meeting. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 10:25 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor Regular City Council Meeting December 16. 2014 Page 1 of 8 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 16, 2014 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, Slattery, Rosenthal, and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Public Arts, Transportation, Housing and Human Services, and Tree Commissions. Councilor Slattery announced the Southern Oregon University football team would play in a national championship game for the National Association of Intercollegiate Athletics (NAIA) Friday December 19, 2014. APPROVAL OF MINUTES The minutes of the Executive Session of November 18, 2014, Study Session of December 1, 2014 and Business Meeting of December 2, 2014 were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Presentation by Representative Peter Buckley and Senator Alan Bates on the upcoming legislative session Representative Peter Buckley and Senator Alan Bates explained the state continued to come out of the recession and the economy was rebounding. State revenue was not at the level to make an investment in education but had made strides in healthcare. Reforms in public safety allowed them to stop construction plans for the next prison. They were able to add full day Kindergarten statewide but were not ready to bring back more school days, teachers, or programs. The legislature also discussed revenue and kicker reform. Upcoming issues in the next session included climate change, the clean fuels act, a possible transportation package, implementing Measure 91, and mental health. Medical marijuana dispensaries would most likely fade out over the next 2-4 years as recreational marijuana outlets provided more access to marijuana due to legalization. There were concerns taxing marijuana would raise prices drastically and push consumers back to the black market. The mental health system was broken and the bureaucracy in Salem Oregon nonfunctional with caseworkers spending 60% of their time reporting instead of taking care of their patients. Another issue was who should have the final authority and responsibility of the mentally ill, the county or the state. There were models around the country with better outcomes for half the price. A transportation package was forthcoming. The state was moving away from the gas tax to a different funding mechanism. The clean fuels bill would pass again but there was concern the state was not aggressive enough regarding climate change and action. Representative Buckley and Senator Bates explained Southern Oregon University (SOU) having to reconstruct the athletic facility had increased costs and jeopardized the swimming pool. There was the Regular City Council Meeting December 16, 2014 Page 2 of 8 possibility of building the pool next to McNeal Pavilion with funding coming from a partnership between SOU, Ashland School District, and the City. 2. Annual presentation by the Planning Commission Planning Commission Chair Richard Kaplan explained the Commission participated in indentifying a downtown review of zoning, worked on an assessment for the City's approach to master planning, and infill strategies along transit corridors. During 2014, the Planning Commission reviewed an application to modify Verde Village Subdivision's Development Agreement, the Medical Marijuana Dispensaries Ordinance, short-ternn travel accommodations in residential zones, the Normal Neighborhood Plan, the master planning process, the Unified Land Use Ordinance, and amending the Wildfire Hazard Zone. Commissioners also sat in on the Downtown Parking Management and Circulation ad Hoc Advisory Committee, the System Development Charges Review Committee, and the North Neighborhood Plan Working Group. PUBLIC FORUM Jonathan Chenjeri/1301 Iowa Street/Voiced support for Southern Oregon Regional Economic Development, Inc. (SOREDI) and explained the program further. CONSENT AGENDA 1. Approval of commission, committee, and board minutes 2. Special procurement for the purchase of one aerial lift bucket truck 3. Contract addendum - Evergreen Job & Safety Training, Inc. 4. Liquor license application for SOM dba Happy Bowl 5. Liquor License application for Jeff Chase dba Ashland Valero 6. Approval of a resolution titled, "A resolution adopting a supplemental budget increasing appropriations within the 2013-2015 biennium budget" Councilor Rosenthal pulled Consent Agenda item #2 for discussion. Public Works Superintendent Mike Morrison deferred two electric wire reel trailers scheduled for replacement until the next biennium to purchase the aerial lift bucket truck. Time and personnel changes made purchasing the electric wire reel trailers difficult. IT & Electric Director Mark Holden added they had refurbished two existing trailers that would last another year. Councilor Rosenthal/Voisin m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS (None) UNFINISHED BUSINESS 1. Direction to staff on how to enforce the Food and Beverage Tax ordinance Motion from the December 2, 2014 meeting: Councilor Marsh/Lemhouse m/s to defer enforcement of the Food & Beverage Tax Ordinance against prepared food operators at the Tuesday Growers Market until 2015. Councilor Rosenthal/Lemhouse m/s to suspend Council rules. Voice Vote: all AYES. Motion passed. Administrative Services Director Lee Tuneberg clarified the process for businesses out of compliance with the Food & Beverage tax and that it was usually resolved within a month. Staff sent forms in advance of the due date. If the City did not receive the tax within four days, staff contacted the business. Regular City Council Meeting December 16. 2014 Page 3 of 8 Ten days later the City sends an estimate letter. Staff assesses fees and interest and if necessary forwards the issue to collections. Staff also sends a letter and forms to businesses the City was unaware were operating in town. Back tax owed was estimation based on similar businesses and made accuracy difficult. Mayor Stromberg reinstated Council rules. DISCUSSION continued on motion: Councilor Voisin explained the City had not collected Food and Beverage taxes from the Growers Market for 22 years and did not think the City should collect unpaid taxes for 2014. Councilor Slattery would support the motion and emphasized this was not a trivial matter. It was incumbent on people doing business in a community to determine the rules and regulations. There was a shared responsibility and this was a learning experience. Councilor Lemhouse/Slattery m/s to suspend Council rules. Voice Vote: all AYES. Motion passed. Mr. Tuneberg was sure there were no records of the Growers Market paying the Food and Beverage tax in the past. State retention on records from 1993-1996 did not require the City to retain specific data. Mayor Stromberg reinstated Council rules. DISCUSSION continued on motion: Councilor Rosenthal explained this was a matter of principal and resisted the notion that it was the City's responsibility to inform people in business of a well known tax in effect for many years and renewed in 2009. He would vote against the motion because it was unfair to the law abiding businesses. Especially businesses not in compliance for years that came into compliance after being assessed late fees and interest charges. A business needed to know the rules where they operate. Councilor Lemhouse added this was not a new tax and it was not fair to characterize the City as retroactively taxing the vendors on something the vendors should have paid all along. He understood vendors received misinformation from the Growers Market. In the past, the City held businesses accountable in very dramatic ways for not passing through taxes and had to stand firm. Inconsistency made him uncomfortable and he would not support the motion. Councilor Morris would not support motion either. He preferred tax due from the time of notification instead of all of 2014. It was a matter of fairness and consistency. The voters approved the tax twice. Councilor Marsh noted there was ambiguity on all sides. Lack of City records taxing the Growers Market in the past, vendors not aware the tax applied to their operations, and the Growers Market having one business license for all the operations. Enforcement in Ashland was about achieving compliance. The Growers Market was putting together a fair and reasonable plan to comply in 2015. Most of the vendors did not collect the tax during 2014. Councilor Slattery clarified the City had taken strong enforcement actions in the past on businesses that collected the tax and did not pay it and that was different from the Growers Market. The City had somewhat of a shared responsibility. He would support the motion. Mayor Stromberg understood the question of principles and consistency. What made this situation different was they were not ongoing physical businesses and the vendor had not collected the tax in the past and suspected they did not have excess profit. Additionally this was probably not a large amount of money from the City's point of view and questioned the time and effort staff would go through to illicit estimates. He supported compliance and making a clean start in 2015. Roll Call Vote: Councilor Marsh, Voisin, and Slattery, YES; Councilor Lemhouse, Rosenthal, and Morris, NO. Mayor Stromberg broke the tie with a YES vote. Motion passed 4-3. Councilor Voisin wanted to amend the Ashland Municipal Code for the Rood and Beverage Tax 4.34.030 Exemptions and add the Growers Market. Councilor Lemhouse raised a point of order that the explanation could come after Councilor Voisin made the motion. Mayor Stromberg ruled in favor of the point of order. Regular City Council Meeting December 16. 2014 Pa.-e 4 of 8 Councilor Voisin motioned to amend the municipal code for the Food and Beverage Tax 4.34.030 Exemptions adding (L) reading "sold by vendors at a Growers Market." Definition of Growers Market was the operation of a display space, booth, or table maintained for displaying or selling merchandise at any trade show, convention, festival, fair, market, or swap meet, provided the sponsor is licensed to do business. The definition came from the municipal code 6.040.085.A.4 under Business Licenses. City Attorney Dave Lohman explained this was an amendment to the code and would be an ordinance requiring notification mailed to Council two weeks in advance and then first and second reading. Councilor Voisin withdrew the motion and wanted it added to the next meeting. NEW AND MISCELLANEOUS BUSINESS 1. Biennial 2013-2015 Fifth Quarter Financial Report Administrative Services Director Lee Tuneberg explained the report showed quarter-to-quarter increases in the fiscal year comparison that totaled approximately $3,800,000 more expended. Total cash balances had gone down between the two fiscal years by $4,000,000. Things were running normally. The City would soon receive the first cash distribution for property tax of $8,000,000. The City will be down in year-to-year total cash balances $1,500,000 primarily due to capital improvements. Council wanted the reports sent to the Budget Committee a week earlier in the future and an executive summary added as well. Councilor Rosenthal/Slattery m/s to accept the Fifth Quarter Financial Report for Biennial 2013- 2015. Voice Vote: all AYES. Motion passed. 2. Adoption of the Strategic Plan for the use of social service grant funds Housing Program Specialist Linda Reid and the chair of the Housing and Human Services Commission (HHSC) Chair Rabbi Joshua Boettiger explained the following changes made to the plan: Strategic Priorities • Assistance to obtain and/or maintain housing • Supports to increase accessibility and availability of transportation options/services Implementation Strategies • Support proposals that leverage community collaborations or enhance community or existing regional partnerships • 20% of the overall grant allocation will be made available to support small grants; small grants include any request of up to $5,000, should the City not receive enough applications to allocate the balance of funds. The City will have the discretion to allocate any remaining balances to small grants. Outcome Measurement • Request the grant recipients to list their anticipated measurable activity/program outcomes Adoption of the plan would designate the Housing and Human Services Commission as the review body to provide recommendations to the Council. Councilor Marsh/Slattery m/s to adopt the Strategic Plan for the Use of Social Service Grant funds. DISCUSSION: Councilor Marsh supported the plan. Having the Housing and Human Services Commission participate in the process would be a tremendous benefit. Councilor Lemhouse had reservations removing the process from the Citizen Budget Committee. Alternately, the work the Commission produced convinced him otherwise and he supported the plan. Councilor Voisin noted the Commission met five Council goals and supported the Commission's efforts. Voice Vote: Councilor Regular City Council Meeting December 16. 2014 Page 5 of 8 Voisin, Morris, Lemhouse, Slattery, Rosenthal, and Marsh, YES. Motion passed. 3. Economic Development Strategy program and activity update Management Analyst Adam Hanks provided background on the Economic Development Strategy, shared program highlights, and scheduled activities for the next 6-12 months. Mr. Hanks clarified the City website had a link to the Ashland Business Portal and contained the City regulatory pieces. He planned to add focused City targeted information on the City website and further link in the portal. Council wanted website statistics regarding the portal brought to the Study Session for the Economic Development Strategy. Councilor Voisin noted the Chamber of Commerce conducted the last Business Retention and Expansion Survey, wanted an independent source to do the second survey, and suggested using the Southern Oregon University (SOU) Small Business Department. Mr. Hanks explained the Chamber of Commerce was under contract for the survey. Councilor Voisin urged staff to encourage the Chamber of Commerce to consider hiring SOU to conduct the survey. Mayor Stromberg agreed the SOU Research Center was a valuable asset but the Business Retention and Expansion Survey depended on the relationships between the Chamber of Commerce and the businesses they were interviewing. Sandra Slattery, the executive director of the Chamber of Commerce recently presented the Ashland Business Portal to Business Oregon who thought the model was outstanding and encouraged her to apply for national awards. Councilor Lemhouse raised a point of clarification that the suggestion Councilor Voisin was making was not actual direction to staff from Council. Councilor Voisin clarified she wanted the City to consider SOU and getting an independent research organization to conduct the Business Retention and Expansion survey. It would be good to have an independent source. 4. Responses to RFPs for downtown beautification projects Engineering Services Manager Scott Fleury explained the City received two responses to the requests for proposal (RFP) for landscape improvements to the Lithia Way and Pioneer Street parking lot and the triangle area at the corner of Lithia Way and Pioneer Street. The proposals came in high and staff recommended rejecting both and contacting three to five local landscape architects for informal solicitations instead. Criteria for informal and formal solicitations were similar. City Administrator Dave Kanner further explained the proposals received from the RFPs were not cost effective for the projects. Staff normally used an informal process for projects this small and it often consisted of a phone call. In this case, they did not due to the Council's interest in transparency and wanting proposals brought back to them for discussion and approval. Mr. Fleury added the same team that reviewed the RFPs would rate the informal solicitations. Councilor Rosenthal/Morris m/s to direct staff to move forward with a less formal procurement process with the final design approval by Council. DISCUSSION: Councilor Rosenthal supported staff and the rationale for an informal solicitation. Councilor Lemhouse wanted to ensure the process was clear and transparent to the public. Councilor Marsh would support the motion and liked the idea of Ashland contractors working on the projects. Roll Call Vote: Councilor Morris, Rosenthal, Lemhouse, Marsh, Slattery, and Voisin, YES. Motion passed. 5. Council direction to proceed with downtown plaza beautification projects Management Analyst Ann Seltzer explained the Downtown Plaza Beautification ad Hoc Committee made two recommendations related to the Plaza. The first was adding three freestanding planters with irrigation, and additional plants to the landscape beds with decorative fencing at the curb. The second Regular City Council Meeting December 16, 2014 Page 6 of 8 recommendation would replace pavers located within the half circle of the Plaza. Staff recommended informal solicitations instead of the formal request for proposal process. Councilor Lemhouse/Slattery m/s to direct staff to move forward and solicit bids for these projects using the intermediate procurement process with final design approval by Council. DISCUSSION: Councilor Lemhouse noted it was time to move forward since Council did not want to pursue a master plan for the Plaza. Council would approve the final design prior to implementation. Councilor Marsh was reluctant to approve the second project and questioned whether the community wanted to invest further in the paver controversy to the extent of $15,000. It would not placate the people upset with the pavers and she was not sure if anyone else was interested. Councilor Marsh/Rosenthal m/s to amend the motion and eliminate the second project. DISCUSSION: Councilor Rosenthal explained the Plaza was like a work of art that would never satisfy everyone and was not sure the City needed to invest $15,000 to replace pavers. The recent redesign was a huge improvement over what it was before. Councilor Slattery commented that Council asked a committee to make recommendations and he was reluctant to go against it. Councilor Morris would support the second project for the same reason Councilor Slattery stated. Councilor Slattery/Lemhouse m/s to suspend Council rules. Voice Vote: all AYES. Motion passed. Downtown Plaza Beautification ad Hoc Committee Chair Brent Thompson explained the Committee tried to give Council manageable projects to debate and alter. The vote on the pavers was not unanimous. The Committee strongly supported fencing to protect the landscaping. He suspected the Committee would want to add more planters in addition to the three proposed. Councilor Lemhouse/Morris m/s to reinstate Council rules. Voice Vote: all AYES. Motion passed. Continued discussion on amendment to main motion: Councilor Voisin would support the motion. She did not think the City should spend that much money on the Plaza when there was a committee looking into a downtown master plan. Councilor Slattery/Marsh m/s to suspend Council rules. Voice Vote: all AYES. Motion passed. Downtown Plaza Beautification ad Hoc Committee member Dawkins disagreed with changing the pavers. Ms. Seltzer added there were times where the Committee felt their sole purpose was to respond to the pressure to do something about the pavers. Chair Thompson clarified it was a split vote and it was Council's decision. Councilor Lemhouse/Morris m/s to reinstate Council rules. Voice Vote: all AYES. Motion passed. Councilor Slattery/Marsh m/s to call for the question. Voice Vote: all AYES. Motion passed. Roll Call Vote on amendment: Councilor Rosenthal, Marsh, Slattery, Voisin, YES; Councilor Morris and Lemhouse, NO. Motion passed 4-2. Continued discussion on amended main motion: Councilor Voisin would not support the motion. There was significant movement in one of the committees to have a master plan and to spend money now did not make sense. Councilor Lemhouse did not want a misconception there was a master plan. He was unaware of a master plan for the downtown at this point. Roll Call Vote on amended main motion: Councilor Morris, Rosenthal, Lemhouse, Marsh, Slattery, YES; Councilor Voisin, NO. Motion passed 5-1. Councilor Marsh wanted staff to determine if there was Transient Occupancy Tax money in the current year's fund that could go to hanging baskets in the downtown. City Administrator Dave Kanner talked to the City Managers for the City of Phoenix and the City of Central Point who paid Four Seasons Nursery Regular City Council Meeting December 16, 2014 Page 7 of 8 $300 per basket to hang the baskets, water and fertilize them during the summer. Four Seasons Nursery was willing to give the City of Ashland the same contract. The baskets would not go on posts with signs. Councilor Lemhouse[Rosenthal m/s to direct staff to bring back a proposal regarding hanging plants in the downtown area. Voice Vote: all AYES. Motion passed. ORDINANCES RESOLUTIONS AND CONTRACTS 1. Approval of a resolution titled, "A resolution establishing a bee sub-committee and consenting to the requirements of becoming a Bee City USA" City Administrator Dave Kanner explained the Parks Commission agreed to form a sub-committee as part of becoming a Bee City USA. Other steps involved filling out the application, placing a Bee City USA sign in the community and holding an annual celebration. Council needed to adopt the resolution establishing Ashland as a Bee City USA. Park Commissioner Chair Stefani Seffinger confirmed the Parks and Recreation Department would host the annual celebration and plant pollinator plants in Ashland Creek Park with a Bee City Park sign. The Park dedication would also incorporate the Bee City USA annual celebration. Cara Cruickshank/1193 Ashland Mine Road/Explained she was the founding director of a non-profit started in Washington called the Natural Landscapes Project and a member of the Pollinator Project of Rogue Valley. President Obama was interested in a federal strategy to promote the health of honeybees and other pollinators. Pollinators included bats, humming birds, bugs, and others. Protecting bees and pollinators protected the food supply. It was an economic issue and important. Colony collapse disorders were causing a 10% loss in bees annually over the past decade. There were only a few Bee City USA cities in the nation and Ashland would be on the forefront of a movement receiving executive level support. There was a growing awareness of pesticides and habitat loss for pollinators. Pesticides wrecked the navigation systems bees and salmon used and affected neurological and reproductive systems in humans. Councilor Slattery/Lemhouse m/s to approve Resolution #2014-25. DISCUSSION: Councilor Slattery spoke in favor of the groups that lobbied for Bee City USA. Councilor Lemhouse added it was a worthwhile venture. Councilor Marsh thought it was great the Parks and Recreation Department had the initiative and creativity to take this on. Roll Call Vote: Councilor Morris, Voisin, Marsh, Rosenthal, Slattery, and Lemhouse, YES. Motion passed. 2. Second reading of an ordinance titled, "An ordinance of the City of Ashland repealing Ordinance No. 2052 and replacing in its entirety existing Title 18 Land Use of the Ashland Municipal Code with a restated and revised Unified Land Use Ordinance" Planning Manager Maria Harris noted one substantive edit to 18.2.5.030.A, B, and C regarding purveous paving that changed from "whichever was greater" to "whichever is less" to make it proportional to the lot size. She went on to read corrections to scrivener errors. Councilor Voisin/Morris m/s to approve Ordinance #3105 as amended. Councilor Voisin/Rosenthal m/s to amend motion to Table 18.2.6.030 concerning standards for maximum building height in Non-Residential Zones as follows: In the portion of the of the Table 18.2.6.030 on page 2-53 setting forth the maximum building height in C-1 Zones, retain the words 1140 feet" and delete all other words in that portion of the table. DISCUSSION: Councilor Voisin did not want the height raised in commercial zones. She supported the entire land use ordinance except for the height increase. Councilor Rosenthal had similar concerns in relation to public safety equipment needs. He would vote against the amendment but hoped the City would come up with a way to reconcile competing needs and policy decisions. Councilor Lemhouse would not support the amendment. The City Regular City Council Meeting December 16. 2014 Page 8 of 8 had pushed an infill strategy aggressively for many years and would find a way to deal with the public safety issues. Councilor Voisin commented increasing building height to 55 feet with an additional parapet would take away from the beauty and quaintness of the community in addition to public safety concerns. Roll Call Vote on amendment: Councilor Voisin, YES; Councilor Lemhouse, Marsh, Morris, Rosenthal, and Slattery, NO. Motion failed 5-1. Roll Call Vote main motion: Councilor Lemhouse, Marsh, Morris, Voisin, Rosenthal, and Slattery, YES. Motion passed. City Attorney Dave Lohman explained Council needed to adopt Findings inadvertently left off the Council Communication. He clarified information in the newspaper regarding a provision requiring a conditional use permit (CUP) to increase height to 55-feet in the C-1D zone. That provision had existed since the adoption of the Comprehensive Plan. What was new was allowing height up to 55-feet in the C- 1 zone. Councilor Lemhouse/Morris m/s to adopt Findings & Conclusions repealing Ordinance No. 2052 and replacing in its entirety existing Title 18 Land Use of the Ashland Municipal Code with a restated and revised Unified Land Use Ordinance. DISCUSSION: Councilor Lemhouse thanked Ms. Harris for her hard work and effort amending the code. Roll Call Vote: Councilor Lemhouse, Marsh, Morris, Voisin, Rosenthal, and Slattery, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Rosenthal thanked Councilor Slattery for his great service to the City and was pleased he would serve on the Board of Trustees for Southern Oregon University. Councilor Lemhouse added his gratitude to Councilor Slattery. Councilor Marsh shared a story about a homeless man who was moving into an apartment at the end of the week and thanked Councilor Slattery for driving the need for a Resource Center. Councilor Slattery responded he was very proud of what Council had accomplished and thanked Council, City Administrator Dave Kanner, staff, the City Recorder, City Attorney Dave Lohman, and Mayor Stromberg. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 10:12 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor CITY OF ASHLAND TREE COMMISSION Minutes May 7, 2015 CALL TO ORDER - Chair Gregg Trunnell called the meeting of the Ashland Tree Commission to order at 6:00 p.m. on May 7, 2015 in the Siskiyou Room of the Community Development and Engineering Services Building located at 51 Winburn Way, Ashland, Oregon. Commissioners Council Liaison Ken Schmidt Carol Voisin, absent Gregg Trunnell Staff Russ Neff Derek Severson, Associate Planner Casey Roland Carolyn Schwendener, Admin Christopher John Pete Baughman, Parks Liaison Zechariah Heck, Assistant Planner APPROVAL OF MINUTES Neff/Schmidt m/s to approve the minutes of the April 9, 2015 Tree Commission meeting. Voice Vote: All Ayes, minutes were approved as presented. PUBLIC FORUM No one present spoke. TYPE 1 REVIEWS PLANNING ACTION: PA-2015-00510 SUBJECT PROPERTY: 843-855 Liberty St OWNERS/APPLICANTS: James Juarez (855 Liberty Street) Charlie Hamilton/Suncrest Homes (843 Liberty Street) DESCRIPTION: A request for a Physical and Environmental Constraints Review Permit to allow for the construction of a fire apparatus access turn-around on hillside lands to serve the properties at 843 and 855 Liberty Street. The request also includes a request to remove one tree, a 19-inch diameter at breast height Pine Tree. COMPREHENSIVE PLAN DESIGNATION: Rural Residential & Woodland Residential; ZONING: RR-.5-P & WR; ASSESSOR'S MAP: 391 E 16AC; TAX LOTS: 201 & 202 All of the Commissioners did a site visit, and Roland noted that he had previously climbed this tree and others on John Baxter's property. Associate City Planner Derek Severson gave a staff report. He explained that this application is for a Physical and Environmental Constraints Review Permit (P & E) to construct a fire truck apparatus turn-around within an area that exceeds 25% grade and is on the City of Ashland's adopted Hillside Lands Overlay Map. Included in the hillside development permit is also a request to remove one 19" diameter Pine Tree located in the area of the turnaround. The proposed location for the turnaround is necessary in order to serve the two lots and minimize the disturbance in the area. Mark Knox, Urban Development Services was present to represent the applicants. Mr. Knox called attention to the fact that the fire department required a fire truck turnaround for these two properties before they could begin development. Due to the dimensional requirements of the turn-around, the necessary retaining walls and the physical constraints of the area surroundings, the Pine Tree will need to be removed as it sits at the edge of a cut bank with some exposed roots and is directly within the cut area. Mr. Knox said there had been some discussion regarding an easement with the neighbors at 831 Liberty. If the neighbors granted an easement there is a possibility of adjusting the turn-around area which might allow the tree to be saved. It was suggested that an arborist look at the tree and the exposed roots to confirm whether it could be saved or not and if the tree roots could be avoided during construction. John Baxter and Kelly Weisheipl 831 Liberty Street spoke. Mr. Baxter expressed their concern over the removal of the Pine tree. He conveyed that the area has had a beetle infestation in combination with drought killing some of the trees but this particular Pine Tree appears to be healthy. If at all possible they would like to see it saved. Mr. Baxter pointed out that he and Ms. Weisheiple recently met with the applicant, Mr. Hamilton, to discuss the possibility of an easement on their property. An easement might allow adjusting the configuration of the turn-around possibly then saving the tree. Mr. Hamilton assured them he is open to the possibility of an easement and reconfiguration of the turn-around but would like to have a decision made this evening regarding the tree removal in order to move forward with the project n the event the easement does not work out. Roland/Neff m/s to approve the plan as is with the caveat that somebody goes back out to review the plan for any adjustments that could be made with an easement so that the tree can be saved. If it's determined that the tree is to be removed the Commission recommends mitigation on the site. Voice Vote: All Ayes, motion passed PLANNING ACTION: PA-2015-00576 SUBJECT PROPERTY: 913 Pinecrest Terrace APPLICANT: Suncrest Homes DESCRIPTION: A request for a Physical & Environmental Constraints Review Permit to construct a new single family residence and associated site improvements on Hillside Lands for the property located at 913 Pinecrest Terrace. The proposal includes the removal of 35 oak, Madrone and pine trees located within the building envelope or within the area to be excavated for the construction of the driveway, patio and landscaped areas. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-10; ASSESSOR'S MAP 39 1E 15BC; TAX LOT: 2700 All the Commissioners did a site visit. The Commissioners expressed their confusion over which trees were being removed because a great deal of the trees were marked though the application just stated the removal of 35 trees. Severson gave a staff report explaining this planning action is a Physical & Environmental Constraints Review Permit as the applicants are requesting to construct a new residence on Hillside Lands. Applicant Charlie Hamilton was present to answer questions. Mr. Hamilton confirmed there would be a tree protection plan done and tree verification before any of them will be removed, and that only 19 trees were proposed for removal but that some clustered trees were identified based on their multiple trunks in the inventory. Mr. Hamilton explained this property is .8 of an acre. Originally the owners of the property were interested in splitting the lot but then realized the creation of the required road would take out a great deal of trees. The applicants then made the decision to not divide the lot and put the house close to the street in order to preserve as many trees as possible. The Commissioners acknowledged their appreciation that the owners made a great effort to save trees. Roland noted that Tree #90 was a great specimen and that its removal was unfortuneate; it was noted that this was considered a significant tree based on its diameter and would be mitigated. Schmidt/John m/s to approve the tree removal as presented with mitigation of the one large tree (#90). Voice Vote: All ayes, motion passed. PLANNING ACTIONS: 2015-00194 & -00195 SUBJECT PROPERTIES: 545-550 Holly Street APPLICANT: Jennifer Davis (545 Holly Street) Chad Brown & Trisha Vaughn (550 Holly Street) DESCRIPTION: A request for a Hazard Tree Removal Permit to remove five trees from the property located at 545 Holly St, including three cottonwoods and two elms, and a request for a Hazard Tree Removal Permit to remove one approximately 18- 2 inch diameter breast height Cottonwood for the property located at 550 Holly Street. COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP 391 E 09DB; TAX LOT: 8900 & 90002. All the Commissioners did a site visit, and Roland noted that he had previously done work on these properties. Severson gave a staff report. He explained that this is a request for a Hazard Tree Removal for five trees located at 545 Holly and one 18"diameter cottonwood located at 550Holly. The applicant has concerns that the drainage has destabilized the root systems. Other trees in the neighborhood have recently fallen. The neighbors across the street have expressed concern that the trees might fall and damage their homes. Consequently they are encouraging the removal of the trees. Applicant Trisha Vaughn 550 Holly Street was present to answer questions. The Commissioners agreed that these trees are a hazard and could fall at any time. The applicant isn't sure at this time what to plant. The Commissioners were concerned that when the trees are removed erosion problems might begin. They suggested putting trees back in order to hold the bank in. The agreed not to require one for one mitigation, but recommended that appropriate riparian vegetation be planted following tree removal to help stabilize the bank on the subject properties. Commissioners noted that a mitigation plan to address bank stability should be provided addressing proposed plantings and might best incorporate geo-jute matting to stabilize the bank until plantings can establish themselves. Appropriate mitigation plantings could include, but would not be limited to, Oregon Ash or River Birch. Trunnell/ Roland m/s to approve the application as presented. Voice Vote: All Ayes, motion passed DISCUSSION ITEMS Downtown Beautification Project - Landscape Architect Kerry KenCairn is consulting with the City of Ashland on the Downtown Beautification project. Ms. KenCairn gave a presentation explaining three proposed projects for the downtown area. • Winburn Way Tree located in front of Gateway Realty's office - This project will create more soil volume for the tree that is located there by expanding the planter area by approximately four feet on the sides without changing grades. The plan is to remove all the concrete surrounding the tree along with the bench and put the footing for the new bench under the sidewalk thus providing more soil under the tree, giving more space for the tree. The goal is to maintain a sitting area. • Pioneer at Lithia Way - The goal is to redesign the corner area. There is a seat/retaining wall, small planter and a larger planter up against the building. Re-doing the retaining wall will provide a small amount of landscaping area. Ms. KenCairn said the plan is to remove three trees and plant two giving them more soil volume. The trees currently there are challenged due to lack of enough water. • Pioneer Parking lot - The plan is to replace the trees with American ash, adding walkways and a barrier along the sidewalk to discourage people from walking through that area. The Commissioners discussed the different tree options for replanting. Ms. KenCairn said they are open to recommendations. She confirmed there will be trunk protection of the trees until their crown can take over by themselves. The Commissioners expressed their concern over the watering of the new trees during a drought. Ms. KenCairn acknowledged the planting will take place in the fall. Some suggestions were, planting in grow bags/gaiters for the slow release of water. NEW BUSINESS ITEMS FROM COMMISSIONERS Parks Department arborist Peter Baughman said the Arbor Day Tree planting at the new Ashland Creek Park located at 27 E Hersey went great. He thanked everyone who made it down to take part. Currently he is hand watering the tree and taking good care of it until irrigation is installed. City Planner Zachariah Heck was the only person representing the Tree Commission at the Earth Day celebration. Heck pointed out that his mother is a teacher and gave him tree books to hand out to kids along with Douglas Fir tree cookies. Next year he would like to encourage some of the Commissioners to attend who could provide more information about trees. 3 Severson announced the City is planning a volunteer appreciation day on August 30, 2015 at Oak Knoll golf course. Anyone that serves on a Commission will be invited. Severson confirmed at this time there is no application for the removal of the Clay street tree. He also announced that in the next month or two Heck will be the new Staff Liaison for the Tree Commissioner. Severson briefly outlined the guidelines in regards to expressing public opinion about any proposal the Commission is likely to hear as a Tree Commissioner. When Land Use Actions come before the Commission there are strict City and State guidelines in terms of how to review the action. The Commission's decision is to be transparent and occurs based on information everyone has access to at the meeting. If as a Commissioner you come to the meeting and have already pre judged the application and you are not able to make a decision based on what happens in the meeting then that's getting rid of the transparency of that process. Severson asked the questions "Have you formed an opinion before the meeting?" "Is everyone considering the request based on the same information?" The concern is for the integrity of the process in the Commissioners' quasi-judicial roles, and he emphasized Commissioners must make clear any bias at the beginning of the meeting and not be a part of the discussion if they cannot rule impartially. Severson emphasized that the process needs to be handled correctly so that if any project gets challenged it needs to be challenged on the facts not on a procedure error on somebody's part. ADJOURNMENT Meeting adjourned at 7:40 p.m. Next meeting: June 4, 2015 Respectively submitted by Carolyn Schwendener 4 CITY OF ASHLAND Council Communication September 14, 2015, Study Session Discussion of purchase of an air quality monitor for Ashland FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY: Councilor Voisin has requested a study session discussion of the purchase of an air quality monitor that would provide real-time Ashland air quality information. BACKGROUND AND POLICY IMPLICATIONS: In 2013 and again this year, the U.S. Forest Service has loaned to the Oregon Shakespeare Festival an air quality monitor that measures particulate concentrations in Ashland's air and reports real-time readings to the Western Region Climate Center, which posts the readings on its web site. The readings are particularly helpful to OSF in determining whether to cancel outdoor performances in the Allen Elizabethan Theater during smoke incursions such as those experienced this summer. Following receipt of an e-mail from a citizen who suggested that Ashland should have its own permanent air quality monitor, Councilor Voisin requested a study session discussion of that question. I do not recommend the purchase of an air quality monitor, which would cost roughly $13,000 and leave the City responsible for maintenance and operation, as well as data collection and reporting; capabilities we do not have. However, it may be possible, working with the Department of Environmental Quality, the Forest Service and the Bureau of Land Management, to bring an air quality monitor to Ashland at least during the summer months; possibly year-round. This monitor would be owned by one of these agencies and hosted by Ashland, presumably at Fire Station 1. In this scenario, information from the monitor would be fed to the DEQ and posted on its Air Quality Index web site (see attached screen shot). Depending on which agency provides the monitor, Ashland might be asked to share in some of the maintenance costs. DEQ contracts with the Forest Service and BLM are expiring in October, at which time decisions will be made as to whether to relocate existing air quality monitors. DEQ and the Forest Service are aware of Ashland's interest in having an air quality monitor located here and have agreed to contact us next month when more is known about these state and federal agencies' plans. COUNCIL GOALS SUPPORTED N/A FISCAL IMPLICATIONS: Purchasing an air quality monitor would cost roughly $13,000. Ongoing maintenance and operating costs would run $2,500 - $3,000 annually. Costs for alternative arrangements in which Ashland would Page 1 of 2 pr, CITY OF -AS H LA N D not own the monitor are to be determined and could range from $0 to $2,500. Funds have not been budgeted for this purpose. STAFF RECOMMENDATION AND REQUESTED ACTION: As explained above staff does not recommend purchasing an air quality monitor and Winstead recommends exploring alternative arrangements with DEQ and the Forest Service. SUGGESTED MOTIONS: N/A. This item is scheduled for discussion and direction to staff. ATTACHMENTS: Screen shot, DEQ Air Quality Index web site. Page 2 of 2 Imo, 9/9/2015 Oregon DEQ: AQI • - About • • Contact • • SitemaD • s Search; Oregon Department of Environmental Qtiality ' Mew • , P ectslarid.Pra I_ _E .1 We . • Home I • Air Quality DEQ Home> Air Quality > Air Pollution Advisory > AQI Air Quality Index UZz Sign up for Air Pollution Advisories The Air Quality Index is a color-coded tool that categorizes air quality. The map below shows the location of DEQ air by e-mail quality monitoring stations throughout Oregon. Select a station near you by clicking on one of the colored dots. At-a-Glance \ The dots on the map change color depending on the current air quality health level at each station. You can quickly assess statewide air quality based on the color of the dots. You can click on the dots to see the 1 hour and 24 hour averages for air quality at that station. The meaning of the colors can be found below the map. See current air Kennewick Astan.3 e rz a i~, s quality in your city Ndr,,, ai r ores r ' _ Walla Walla • Air Quality Home r., • Air Pollution f d _ Nat Advisories? a • Air Quality Bc V.. Forecasts • Past AQI's t ~eLe Matron • Hourly Data • Frequently Asked Bate Newport Ems,' Questions c t • Compare Oregon's t7 Air 3 al wQiser t to rt _ • Air Quality N, t cnri~ F Pest Monitoring F~t9enr; r- r+ peter nf.+ti~nrl:orest + i3oise M. 0 • EPA Index Range or''ft" and Health Category Scale ; Caldwell Coos Bay P -,chutes N of ane7 Fc; eat e Namp a P:.. ~:rg rata fkaai, cr P"' .,~v rd Kla1aa }n`ia C > ...Map r. Report a. maperror. Map last refreshed on 9/9/2015 at 9:32:45 AM PDT Refresh Map Reset Map Oregon Smoke Information > This site is an effort by many city, county, tribal, state and federal agencies to coordinate and aggregate information for Oregon communities affected by wildfire smoke. AQI Station Map Notes: The data displayed are the most current available. All readings are preliminary and unvalidated. Following final review, all values are subject to change. New AQI readings will be available at approximately 15-20 minutes past the hour. The AQI map will refresh asynchronously at this time. t The units ppm and ug/m3 stand for parts per million and micrograms per cubic meter, respectively. Both are used in the measurement of air pollutant concentration. http://www.deq.state.or.us/aqi/i ndex.as px 1 /2 9/9/2015 Oregon DEQ: AQI Air Quality Air Quality PM2,5 1-hour Average PM2,5 24-hour 8-hour Ozone Rating Index (AQI) (trg/m3) Average (wg/m3) Concentration (PPm) GOOD 0-50 0.0-40.4 0.0-12.0 0.000-0.059 MODERATE 51 - 100 40.5 - 80.4 12.1 - 35.4 0.060 - 0.075 UNHEALTHY FOR 101 - 150 80.5 - 175.4 35.5- 55.4 0.076 - 0.095 SENSITIVE GROUPS r p VERY UNHEALTHY 1 11 11 III 1 I 1 1 0.116 - 0.374 11 11 I ~ 1 Table 1. The Air Quality Index (AQI) is the EPA's scale for rating air quality Additional Oregon AQI Resources: Portland - Swan Island Air Monitoring Project I Eugene - Lane Regional Air Protection Agency (LRAPA) Ontario Area/Treasure Valley, Idaho (links to Idaho DEQ) g. Vancouver, WA - SouthWest Clean Air Agency (SWCAA) Tribal Lands -Tribal Environmental Exchange Network National Ambient Air Quality Standard (NAAQS) To hear a recorded message with this same Air Quality Index information call 503-229-6397. For more information about Air Quality call 503-229-5359 or email. For more information about DEQ's Laboratory and Environmental Assessment Division please email LEAD. Oregon Department of Environmental Quality Headquarters: 811 SW Sixth Ave., Portland, OR 97204-1390 Phone: 503-229-5696 or toll free in Oregon 1-800-452-4011 Oregon Telecommunications Relay Service: 1-800-735-2900 FAX: 503-229-6124 The Oregon Department of Environmental Quality is a regulatory agency authorized to protect Oregon's environment by the State of Oregon and the Environmental Protection Agency. DEQ Web site privacy notice Projects and Programs Publications and Forms Laws and Regulations Public Notices Permits and Licenses . • About • • Contact • • DE Search 440- A http://www.deq.state.or.us/agifiindex.aspx 2/2